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.
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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.
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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.