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09-27-1990 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 27, 1990 Present: V. A. Marks, M.D., Mayor Jerry G. Gardner, Vice Mayor Judy M. Pierman, President Pro Tem ' Manny Grinn, Councilman Al Moore, Councilman C. R. O'Meilia, Acting Village Mgr. George w. Baldwin, Village Attorney Dolores R. Walker, Village Clerk ROLL CALL Mayor Marks called the Regular Session to order at 7:30 p.m. A11 members of the Council and the staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Moore gave the invocation and President Pro Tem Pierman led the Council and the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following minutes were approved as written: Minutes of Public Hearing on 1990-91 proposed budget held Thursday, September 27, 1990 Minutes of Regular Session held Thursday, Sept. 13, 1990 ACCEPTANCE OF MINUTES The following minutes were accepted as written: Minutes of Public Hearing of Planning Commission on Amendments to the Comprehensive Plan held September 4, 1990 Minutes of Regular Meeting of Planning Commission held September 4, 1990. (These minutes were accepted by all members of Council except Councilman Grinn). Minutes of General Employees Pension Board Meeting held September 6, 1990 Minutes of Zoning Board of Adjustment Meeting held September 11, 1990 Minutes of Recreation Advisory Board Meeting held September 11, 1990 Minutes of Public Hearing of Planning Commission on Sanctuary Cove, Prosperity Harbor North & South. held September 4, 1990 ' Minutes of Code Enforcement Board Meeting held September 10, 1990 RECOMMENDATIONS OF ADVISORY BOARDS Councilman Moore moved that the recommendation of the Recreation Advisory Board to put the current tennis and pool programs (with expansion proposed) in the professionals' contracts be denied until it is clarified as to what they are asking for in their minutes of September 11, 1990. The motion was seconded by Vice Mayor Gardner and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Moore voting aye and Councilman Grinn voting nay. Minutes of Regular Session Held Thursday, September 27, 1990 Page 2 Councilman Moore moved to put Recommendation a. and b. from the Minutes of Regular Meeting of Planning Commission held September 4, 1990 on the floor for discussion only. These recommendations are as follows: Recommendation a. Item 6 B, Page 3-4, Prosperity Harbor North Annexation - Comprehensive Plan amendment - PUD - Platting. Recommendation b. Item 6 C, Page 4-5, Prosperity Harbor South - Comprehensive Plan amendment - PUD - Platting. The motion was seconded by Vice Mayor Gardner for informational purposes. Councilman Moore moved to deny their recommendations. The motion was seconded by Vice Mayor Gardner. During discussion the Village Attorney advised the Council to move to table the recommendations. Therefore, Vice Mayor Gardner withdrew his second and Councilman Moore withdrew his motion. Councilman Moore moved to table Recommendation "a" indefinitely. The motion was seconded by Vice Mayor Gardner and all present voted aye. Councilman Moore moved to table Recommendation "b" indefinitely. The motion was seconded by Vice Mayor Gardner and all present voted aye. Councilman Grinn moved to accept the recommendation of the Planning ' Commission to amend the Comprehensive Plan per the Stipulation Agreement with Florida Department of Community Affairs. The motion was seconded by Vice Mayor Gardner and all present voted aye. Councilman Moore moved to deny the recommendation of the Planning Commission that the final plat be recorded of the Alamanda East roadway. Mayor Marks passed the gavel to Vice Mayor Gardner and seconded the motion. The motion failed 2-3, with Mayor Marks and Councilman Moore voting aye, and Vice Mayor Gardner, President Fro Tem Pierman and Councilman Grinn voting nay. Vice Mayor Gardner returned the gavel to Mayor Marks. Councilman Grinn moved to accept the recommendation of the Planning Commission that the final plat be recorded of the Alamanda East roadway. The motion was seconded by President Pro Tem Pierman and failed 2-3, with President Pro Tem Pierman and Councilman Grinn voting aye, and Mayor Marks, Vice Mayor Gardner and Councilman Moore voting nay. Councilman Grinn moved to reject the recommendation of the Planning Commission that the Village Council appoint an ad-hoc committee to review and update the sign code; Commission also recommended qualification of the members to be appointed. The motion was seconded by Councilman Moore and passed 4-1, with Mayor Marks, Vice ' Mayor Gardner, Councilman Moore and Councilman Grinn voting aye and President Pro Tem Pierman voting nay. BILL NO. 622 PLACED ON SECOND READING & ADOPTED AS ORD. 34-90 Councilman Moore moved that Bill No. 622 entitled: AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, FOR STORM WATER MANAGEMENT THROUGHOUT ALL AREAS OF THE VILLAGE, INCLUDING NEW AND E%ISTING AREAS THAT ARE REDEVELOPED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE Minutes of Regular Meeting Held Thursday, September 27, 1990 Page 3 be placed on second reading and read by title alone. The motion was seconded by Vice Mayor Gardner and all present voted aye. Councilman Moore moved that bill No. 622 be adopted as ordinance No. 34-90. The motion was seconded by Vice Mayor Gardner and all ' present voted aye. BILL NO. 624 PLACED ON SECOND READING & ADOPTED AS ORD. 35-90 Councilman Grinn moved that Bill No. 624 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 5, BOATS, DOCKS AND WATERWAYS; ARTICLE 3, CONSTRUCTION REQUIREMENTS; DIVISION 4, DOCKS AND PIERS, OF THS VILLAGE OF NORTH PALM BEACH CODE, TO MODIFY THS REQUIRED CONFIGURATION OF PIERS AND WAVE BREAKS IN LAKE WORTH AND TO CHANGE CERTAIN TECHNICAL AND ENGINEERING CONSTRUCTION AND DESIGN REQUIREMENTS OF MARINE STRUCTURES IN VILLAGE WATERWAYS be placed on second reading and read by title alone. The motion was seconded by President Pro Tem Pierman. Councilman Moore moved to amend Section 7 (5) of Bill No. 624 to read as follows: "Piers may be constructed with "L" heads or "T" heads of fifty feet. A finger pier shall not exceed twenty-two feet in length and a maximum of six feet and a minimum of three feet in width," and delete the reminder of Section 7 (5). The motion was seconded by Councilman Grinn and passed 3-2, with Vice Mayor Gardner, Councilman Moore and Councilman Grinn voting aye and Mayor Marks and President Pro Tem Pierman voting nay. Thereafter Council voted on the main motion, as amended. All present voted aye. Councilman Moore moved that Bill No. 624 be adopted as Ordinance No. 35-90. The motion was seconded by Vice Mayor Gardner. Mayor Marks passed the gavel to Vice Mayor Gardner and moved to amend Bill No. 624 by removing the previous amendment made by Councilman Moore. The motion was seconded by Councilman Grinn and failed 2-3, with Mayor Marks and President Pro Tem Pierman voting aye, and Vice Mayor Gardner, Councilman Moore and Councilman Grinn voting nay. Councilman Grinn moved to table the ordinance. The motion was seconded by Mayor Marks and failed 2-3, with Mayor Marks and Councilman Grinn voting aye, and Vice Mayor Gardner, President Pro Tem Pierman and Councilman Moore voting nay. Thereafter Council voted on the main motion (to adopt Bill No. 624 as Ordinance No. 35-90). The motion passed 3-2, with Vice Mayor Gardner, Councilman Moore and Councilman Grinn voting aye and Mayor Marks and President Pro Tem Pierman voting nay. ' Vice Mayor Gardner returned the gavel to Mayor Marks. BILL NO. 625 PLACED ON FIRST READING Councilman Grinn moved that Bill No. 625 entitled: AN ORDINANCE OF THS VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT ACT, AS AMENDED, BEING SECTIONS 163.3161 ST. SEQ., FLORIDA STATUTES; ATTACHING AS EXHIBIT "A" A COPY OF THE AMENDMENTS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY Minutes of Regular Session Held Thursday, September 27, 1990 Page 4 CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES be placed on first reading and read by title alone. The motion was seconded by Vice Mayor Gardner and all present voted aye. RESOLUTION NO. 27-90 ADOPTED ' Councilman Moore moved that Resolution No. 27-90 entitled: A RESOLUTION OF THS VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF DEVINE ENGINE AND GENERATOR, INC., LAKE WORTH, FL IN THE AMOUNT OF $15,650.00, TO FURNISH AND INSTALL A 30 KW GENERATOR SET IN ACCORDANCE WITH THE SPECIFICATIONS. THE FUNDS ARS TO BE EXPENDED FROM ACCOUNT NO. A5509-66490 (MACHINERY & EQUIPMENT) be adopted. The motion was seconded by President Pro Tem Pierman and all present voted aye. RESOLUTION NO. 28-90 ADOPTED Vice Mayor Gardner moved that Resolution No. 28-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF XETA RESERVATION SYSTEMS, INC., TULSA, OK, FOR AUTOMATED TSS TIME SYSTEM IN THE AMOUNT OF $24,609.00, WHICH INCLUDES HARDWARE, SOFTWARE, INSTALLATION AND NINE MONTHS OF SERVICE AND MAINTENANCE OF THS SYSTEM. THE FUND5 ARS TO BE EXPENDED FROM ACCOUNT NO. L8046-66415 (COMPUTER HARDWARE & SOFTWARE) ' be adopted. The motion was seconded by President Pro Tem Pierman. Councilman Grinn moved to amend Section 2 of Resolution No. 28-90 as follows: "Notwithstanding any other proviso of the bid attached, XETA Reservation Systems, Inc. will refund all monies paid if the village of North Palm Beach is not satisfied with the XETA automated tee time system after six months of operation. The village shall request the refund within 15 days after the lapse of the six month period. Only direct out of pocket costs such as telephone line changes and travel (limited to the amount outlined in the RFP) will be retained by XETA; and make Section 3, "This Resolution shall take effect immediately upon passage." The motion was seconded by President Pro Tem Pierman and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. Thereafter Council voted on the main motion, as amended. The motion passed 3-2, with Mayor Marks, Vice Mayor Gardner and President Pro Tem Pierman voting aye and Councilman Moore and Councilman Grinn voting nay. RESOLUTION NO. 29-90 ADOPTED President Pro Tem Pierman moved that Resolution No. 29-90 entitled: ' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF WORRYBIRD ENTERPRISES, LARS PARK, FL, FOR LAWN MAINTENANCE IN THS AMOUNT OF $5,700.00 FOR THS PERIOD OCTOBER 1, 1990 THROUGH SEPTEMBER 30, 1991. THE FUNDS ARS TO BE EXPENDED AS FOLLOWS: $3,420.00 FROM GENERAL SERVICES ACCOUNT NO. A5509-33490, LAWN MAINTENANCE, AND $2,280.00 FROM LIBRARY, ACCOUNT NO. A7927-33490, LAWN MAINTENANCE be adopted. The motion was seconded by Councilman Moore and all present voted aye. 1 L LJ Minutes of Regular Session Held Thursday, September 27, 1990 Page 5 RECESS The meeting was recessed at 9:20 p.m. and was reconvened at 9:35 p.m. CODS SUPPLEMENT - MUNICIPAL CODE CORPORATION.- BUDGET TRANSFER Councilman Moore moved to transfer $625.00 from Village Council Travel Expense Account No. A4801-34010 to Other Professional Services, Account No. A4801-33190, increasing the line item from $6.675.00 to $7,300.00, to obtain reformatted copies of Village Code as recommended by Municipal Code Corporation. The motion was seconded by President Pro Tem Pierman and all present voted aye. BUDGET TRANSFER - COUNTRY CLUB SPECIAL EVENTS President Pro Tem Pierman moved to transfer to Country Club Special Events (L8056-34815) the amount of $1,722.00 for purposes of replenishing fund, with funds coming from Golf Cart-Electricity (L8047-34310). The motion was seconded by Vice Mayor Gardner and passed 3-2, with Mayor Marks, Vice Mayor Gardner and President Pro Tem Pierman voting aye and Councilman Moore and Councilman Grinn voting nay. BUDGET TRANSFER - COUNTRY CLUB FUND Vice Mayor Gardner moved to transfer $1,950.00 from Electricity Account No. L8047-34310 to various Country Club accounts for the purpose of replenishing various accounts. The motion was seconded by President Pro Tem Pierman and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. BUDGET TRANSFER - GASOLINE AT PUBLIC SERVICES DEPARTMENT Mayor Marks passed the gavel to Vice Mayor Gardner and moved to transfer various accounts to balance gasoline accounts; transfers recommended to be taken from Council Contingency General Fund. The motion was seconded by President Pro Tem Pierman. Councilman Moore moved to amend the motion as follows: "to strike out everything but the Police Department and Sanitation and reduce the Council Contingency dollars for items that are more than $1,000.00 and let the department heads take care of the transfers within their own department that are less than $1,000.00. The motion was seconded by Councilman Grinn and failed 2-3, with Councilman Moore and Councilman Grinn voting aye and Mayor Marks, Vice Mayor Gardner and President Pro Tem Pierman voting nay. Thereafter Council voted on the main motion which passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. Vice Mayor Gardner returned the gavel to Mayor Marks. HOLIDAY SCHEDULE - NON-UNION EMPLOYEES President Pro Tem Pierman moved to approve the Holiday Schedule for Fiscal Year 1990-91 (copy of which is attached to the minutes of this meeting) for all non-union employees. The motion was seconded by Vice Mayor Gardner and all present voted aye. TENNIS PRO CONTRACT Vice Mayor Gardner moved to authorize the Mayor to sign the Agreement for the Tennis Pro's services for Fiscal Year 1990-9i. The motion was seconded by President Pro Tem Pierman. Minutes of Regular Session Held Thursday, September 27, 1990 Page 6 Councilman Grinn moved to amend the motion to delete "if profit realized from league play for social events is $33.99 or less, Kalogeropoulos shall receive 100 of said profit. If profit from league and/or social events are $40.00 or greater, then"; after this deletion, continue on with the following: "Kalogeropoulos shall receive 70a of profit realized for league play and social events, with the Village receiving 30~ of said profit." The motion ' was seconded by Vice Gardner and failed 2-3, with Vice Mayor Gardner and Councilman Grinn voting aye, and Mayor Marks, President Pro Tem Pierman and Councilman Moore voting nay. Councilman Grinn moved to amend the motion as follows: On page 4 E of the contract, delete "and membership fees," and change Item E to read, "the monies collected for court rentals and daily fees shall be remitted to the North Palm Beach Country Club, etc." The motion was seconded by Vice Mayor Gardner and passed 4-1, with Mayor Marks, Vice Mayor Gardner, Councilman Moore and Councilman Grinn voting aye and President Pro Tem Pierman voting nay. Councilman Grinn moved to amend the motion as follows: On page 1, E, add "and Recreation Department," making it read "cooperation with tennis groups and the Recreation Department." The motion died for lack of a second. Thereafter Council voted on the main motion, as amended. The motion passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. POOL MANAGER CONTRACT ' Vice Mayor Gardner moved to authorize the Mayor to sign the Agreement for the Pool Manager's services for Fiscal Year 1990-91. The motion was seconded by President Pro Tem Pierman. Councilman Grinn moved to amend the contract by deleting the entire Agreement and making it read as follows: Councilman Grinn proceeded to read the entire Agreement. Mayor Marks ruled Councilman Grinn out of order. The Mayor stated that we will put this contract back on a workshop and if Council wants to consider a complete substitute motion, then we will workshop it again. Councilman Moore moved to table Agenda Item 12 i (Pool Manager's Contract) until a further date which will be determined at a later time. The motion was seconded by Vice Mayor Gardner and passed 4- 1, with Mayor Marks, Vice Mayor Gardner, Councilman Moore and Councilman Grinn voting aye and President Pro Tem Pierman voting nay. LEAVE-VACATION POLICY Councilman Moore moved that the Leave-vacation Policy as stipulated in the Village Personnel Regulations, adopted April 8, 1982 and updated October 14, 1982, be followed. The motion was seconded by Vice Mayor Gardner and all present voted aye. ' ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:36 p.m. fir, ~ ?7j~ . ..u~..~~, ......, HOLIDAY SCHSDIILS FY 1990-91! 1. 2 3 4 5. 6. 7. 8. 9. 10 Veterans' Day Thanksgiving Day Thanksgiving Day (Fri.) Additional Christmas Day Christmas Day Additional New Years Day New Year's Day Memorial Day Independence Day Labor Day Sunday, November 11, 1990 Observed Mon, November 12, 1990 Thursday, November 22, 1990 Friday, November 23, 1990 Monday, December 24, 1990 Tuesday, December 25, 1990 Monday, December 31, 1990 Tuesday, January 1, 1991 Monday, May 27, 1991 Thursday, July 4, 1991 Monday, September 2, 1991 This schedule is applicable only to non-union, general employees, and does not represent, tacitly or otherwise, the Village Council's position regarding holiday schedules currently being negotiated with the NPB Police Benevolent Association or the National Association of Government Employees.