1991 AUG 22' MINUTES OF REGULAR SESSION
OF THS
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, AUGUST 22, 1991
Present: Jerry Gardner, Mayor
Judy M. Pierman, Vice Mayor
V. A. Marks, M. D. , President Pro Tem
Manny Grinn, Councilman
.Thomas F. Kelsey, Ph.D., Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Gardner called the meeting to order at 7:30 p.m. All members
of Council were present. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Marks gave the invocation, and Mayor Gardner led
the public in the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Regular Session held August 8, 1991
GOLF PROFESSIONAL'S CONTRACT
Donald Donohue addressed the Council concerning the cancellation of
his golf clinic, which he has been conducting at the North Palm
Beach Community Center. The clinic was cancelled due to a conflict
with the Golf Professional's contract with the Village of North
Palm Beach', which implies exclusive rights to golf instruction
within the Village, as interpreted by the Village Attorney. During
discussion, the Council unanimously concurred that their intent
never was to preclude others from conducting golf instructions
outside the golf course, and agreed that the Golf Professional's
contract be amended for Fiscal Year 1991-92 by deleting any
exclusivity rights relating to the Village at large, or
alternatively, to stipulate in the contract that exclusivity of
golf instruction shall apply to the North Palm Beach Country Club
golf course grounds only. Mr. Donohue was given permission to
notify his students that the clinic would resume at the Community
Center when the new Golf Professional's contract becomes effective
on October 1, 1991.
RECEIPT OF MINUTES
Minutes of Regular Session
Held Thursday, August 22, 1991
The following Minutes were received as submitted:
Minutes of Library Advisory Board Meeting held 7/23/91
Minutes of General Employees Pension Board Meeting held 8/1/91
Minutes of Code Enforcement Board Meeting held 8/5/91
Minutes of Country Club Administrative Board Meeting held
8/8/91
Minutes of Country Club Administrative Board special Meeting
held 8/15/91
Minutes of Recreation Advisory Board Meeting held 8/13/91
NON-RESIDENT FEE APPROVED - NORTH PALM BEACH RECREATION DEPARTMENT
Vice Mayor Pierman moved to accept the recommendation of the North
Palm Beach Recreation Advisory Board to institute a non-resident
fee for attendees at classes sponsored by the Recreation Department
in the amount of $10 per calendar year per single non-resident, and
$20 per year for an entire non-resident family, this fee to be paid
at the time of first registration and in addition to the normal
fees for all classes taken. President Pro Tem Marks seconded the
motion, and all present voted aye.
The new fee will be instituted prior to the new fiscal year in
order to accommodate the Fall registrations in September.
At the request of Councilman Kelsey, Mayor Gardner directed the
Village Manager to obtain an approximation of anticipated revenues,
and to track the impact of the new fee on number of registrations
during the first year of implementation.
BUDGET TRANSFERS FOR COUNTRY CLUB
Vice Mayor Pierman moved to accept the recommendation of the
Country Club Administrative Board to act on the requested budget
transfers (as detailed in their Minutes of 8/15/91) as soon as
possible with the caveat that the funds are available; and to place
said budget transfers on the agenda of September 12, 1991.
Councilman Grinn seconded the motion.
After discussion, President Pro Tem Marks moved to amend the motion
by removing the budget transfer request for funds in the amount of
' $18,000 for repair of the pool diving tower, and to approve all
other budget transfer requests, providing that funds are available.
Mayor Gardner passed the gavel to Vice Mayor Pierman and seconded
Minutes of Regular Session
Held Thursday, August 22, 1991
Mayor Pierman and Councilman Grinn voting nay.
Vice Mayor Pierman returned the gavel to Mayor Gardner.
Thereafter, the main motion, as amended, passed unanimously.
FINANCE DIRECTOR SEMINAR
the motion to amend. The amendment passed 3-2, with President Pro
Tem Marks, Mayor Gardner and Councilman Kelsey voting aye, and Vice
Discussion was held concerning a request by the Finance Director to
amend his travel expenses to allow travel out of state to San
Francisco, this year only, to attend a seminar for CPE credit,
which is a requirement of the Board of Accountancy. This will be
brought back to the Council at their next regular meeting. The
Finance Director was directed to find out whether other seminars
are available at a closer location, or whether there are any other
alternatives available for certification; and to prepare a written
report for the next Council meeting showing the circumstances of a
July budget transfer to the Training & Education account.
BILL 663 TABLED UNTIL 9 12/91
Councilman Kelsey moved to take Bill 663, a proposed ordinance
amending ordinance 39-90 {CCAB) from the table. President Pro Tem
Marks seconded the motion, and all present voted aye.
Councilman Grinn moved that Bill 663 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING SUBSECTION C ENTITLED "FINANCES" OF SECTION 6 OF
ORDINANCE N0. 39-90 WHICH CREATED A COUNTRY CLUB
ADMINISTRATIVE BOARD; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING FOR AN EFFECTIVE DATE
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be placed on first reading and read by title alone. President Pro
Tem Marks seconded the motion.
After discussion, Vice Mayor Pierman moved to table the first
reading of Bill 663 until September 12, 1991. The motion to table
passed 3-2, with Vice Mayor Pierman, President Pro Tem Marks and
Mayor Gardner voting aye, and Councilman Grinn and Councilman
Kelsey voting nay.
TOWING CONTRACT - BIDS REJECTED
Vice Mayor Pierman moved to reject all bids and refer the issue
back to staff for the purpose of redrafting new specifications and
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Minutes of Regular Session
Held Thursday, August 22, 1991
rebidding on a rotation system. Mayor Gardner passed the gavel to
President Pro Tem Marks and seconded the motion.
During discussion, the Council stipulated that the bid
specifications be sent to them prior to being given out to bidders.
The motion passed 5-0, and President Pro Tem Marks returned the
gavel to Mayor Gardner.
The meeting recessed at 9:35 p.m., and reconvened at 9:45 p.m.
RESOLUTION 31-91 ADOPTED - TREE TRIMMING BID
President Pro Tem Marks moved that Resolution 31-91 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OE ZIMMERMAN TREE SERVICE,
LAKE WORTH, FLORIDA, FOR SECTIONS ONE AND FIVE OF THE BID
SPECIFICATIONS IN THE AMOUNT OF $4,400.00; AND ACCEPTING
THE BID OF SNAPP TREE SERVICE, INC., BOYNTON BEACH, FL,
FOR SECTIONS TWO, THREE AND FOUR OF THE BID
SPECIFICATIONS IN THE AMOUNT OF $4,400.00; FUNDS TO BS
EXPENDED FROM ACCOUNT L8045-33430 (TREE TRIMMING)
be adopted. Mayor Gardner passed the gavel to Vice Mayor Pierman
and seconded the motion.
Councilman Grinn moved to amend the motion by accepting the entire
bid package of Snapp Tree Service in the amount of $8,800.00. Vice
Mayor Pierman passed the gavel to President Pro Tem Marks and
seconded the motion. The motion to amend failed 2-3, with
Councilman Grinn and Vice Mayor Pierman voting aye, and Councilman
Kelsey, President Pro Tem Marks and Mayor Gardner voting nay.
President Pro Tem Marks returned the gavel to Vice Mayor Pierman.
The original motion passed 4-1, with President Pro Tem Marks, Mayor
Gardner, Councilman Kelsey and Vice Mayor Pierman voting aye, and
Councilman Grinn voting nay.
RESOLUTION 32-91 ADOPTED - LRM CONTRACT
President Pro Tem Marks moved to approve Resolution 32-91 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
APPROVING CONTRACT WITH LAND RESEARCH MANAGEMENT, INC.,
ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF AMENDING THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE
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' Minutes of Regular Session
Held Thursday, August 22, 1991
be adopted. Councilman Kelsey seconded the motion.
During discussion, the Council accepted the recommendation of the
Village Attorney to make the following changes in the contract:
Section IV.D.: Delete wording in Paragraph D. and substitute with
"If LRM, Inc. terminates the contract and such termination results
in the Village being required to expend monies in excess of $21,000
to complete the scope of services called for in this contract, then
LRM, Inc. shall be responsible to reimburse and indemnify the
Village for such excess monies."
Section V.A.: Add sentence to Paragraph A. stating "Man-hours
shall only be performed by the following principals of LRM, Inc.:
James Fleischmann, Richard Stalker, and Kevin McGinley.
Thereafter, the motion to adopt Resolution 32-91 passed
unanimously.
RESOLUTION TO ABANDON SECTION OF GARDEN LANE TABLED UNTIL 9./12/91
' Vice Mayor Pierman moved to table the abandonment of Garden Lane
until the Regular Session of September 12, 1991. Councilman Grinn
seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED - ANCHORAGE PARK GARAGE
President Pro Tem Marks moved to approve Public Safety request to
reallocate funds and transfer funds from various A5812-34010
(Travel) to A5812-66210 (Construction & Major Renovation for
repairs to the Anchorage Park garage in the amount of $1,345.00.
Councilman Grinn seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED - SANITATION-AUTO PARTS
President Pro Tem Marks moved to approve Public Services request to
transfer funds from Account A5540-49911 (Council Contingency) to
Account A7020-35418 (Sanitation-Auto Parts) in the amount of
$7,743.23. Councilman Grinn seconded the motion, and all present
voted aye.
APPEAL BY PATTY'S PLACE TO INSTALL SIGN - DENIED
Mayor Gardner passed the gavel to Vice Mayor Pierman and moved that
the application by Patricia Wheat for a permit to install a sign
containing the words "Only Sexy Things, Inc." be approved.
' President Pro Tem Marks seconded the motion.
After lengthy discussion and statements from the public, President
Minutes of Regular Session
Held Thursday, August 22, 1991
Pro Tem Marks withdrew his second.
Councilman Grinn moved to reject the appeal for the sign, and
President Pro Tem Marks seconded the motion.
In order to continue discussion, by unanimous consent, the Council
extended the 11:00 p.m. meeting curfew for three minutes.
After further discussion, the motion to reject the appeal for the
sign reading "Only Sexy Things, Inc." passed 5-0.
Public Services was directed to research the application of Patty's
Place for an occupational license, and the Village Attorney was
asked to research the Code of Ordinances as it pertains to
pornography.
There being no further business to come before the Council, the
meeting adjourned at 11:10 p.m.
a hleen F. Kelly, Village Clerk
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