1991 JAN 10' MINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD
THURSDAY, JANUARY 10, 1991
Present: V. A. Marks, M.D., Mayor
Jerry G. Gardner, Vice Mayor
Judy M. Pierman, President Pro Tem
Manny Grinn, Councilman
Al Moore, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Marks called the Regular Session to order at 7:30 p.m. All
members of the Council and staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Gardner gave the invocation and Mayor Marks led the
Council and the public in the Pledge of Allegiance to the Flag.
' APPROVAL OF MINUTES
The minutes of the Regular Session held Thursday, December 13, 1990
were amended to show that the Anchorage Park Lease Agreement would
be placed on a future agenda, rather than the agenda of January 10,
1991.
Minutes of the Special Meeting held Monday, December 17, 1990 were
approved as written.
REPORT OF THE MAYOR
Mayor Marks, on behalf o£ the Government Finance Officers
Association of the United States and Canada, presented a
Certificate of Achievement for Excellence in Financial Reporting
for Fiscal Year 1988-89 to Shaukat Khan, Finance Director, whose
annual financial report for the Village of North Palm Beach
achieved the highest standards in government accounting and
financial reporting.
At this time, Mayor Marks asked Council members to submit their
first round ballots for Country Club Administrative Board members
to the Clerk for tallying. Report of the count and additional
rounds of balloting, if required, would be addressed under item
12.a on the agenda.
Mayor Marks announced the qualifying period for candidates to the
Village Council, Groups 2 and 4, for the election to be held March
Minutes of Regular Session
Held January 10, 1991
12, 1991 begins January 29th at noon and ends February 12th at
noon.
STATEMENTS FROM THE PUBLIC
Mary Jane Laws, 504 Fairwind Drive, North Palm Beach, addressed the
Council regarding a swimming pool being built next door. According
to Mrs. Laws, she has measured the distance from the pool to her
lot line, and has determined that it is less than the 7 1/2 feet
stipulated by Code. Additionally, she has made numerous calls to
the Public safety Department regarding the construction that is
taking place on Sunday. Mr. O'Meilia was directed to check the
dimensions and location of the swimming pool and report back, in
writing, to the Council.
ACCEPTANCE OF MINUTES
The following minutes were accepted as written:
Minutes of Code Enforcement Board Meeting held December 3,
1990
Councilman Grinn moved that the Village Attorney present an
ordinance amending Section 21-77 of the Village Code to make
it conform to the civil standard of a "preponderance of
evidence" rather than the existing standard of "beyond a
reasonable doubt." The motion was seconded by President Pro
Tem Pierman and all present voted aye.
Minutes of General Employees Pension Board Meeting held
December 14, 1990
Minutes of Police and Fire Pension Board Meeting held December
14, 1990
Minutes of Country Club Advisory Board Meeting held December
18, 1990
The minutes of the Library Advisory Board Meeting held November 27,
1990 were accepted with the addition that the children's video
entitled "Saying No to Strangers" was presented to the library by
Karen Roberts, the Secretary of the Library Advisory Board.
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS OF ADVISORY
BOARDS
' President Pro Tem Pierman moved to accept the recommendation of the
General Employees Pension Board that Fred Teed's resignation be
tabled until such time as the Board has received and acted on
2
Minutes of Regular Session
Held January 10, 1991
obtaining Fiduciary Responsibility Insurance. The motion was
seconded by Councilman Moore, and all present voted aye.
Councilman Moore moved to table the recommendation of the Police
and Eire Pension Board to combine three existing pension ordinances
into one ordinance until the Village Manager and the Village
Attorney could prepare a comparative analysis; and until a more
readable ordinance could be obtained. The motion was seconded by
Vice Mayor Gardner, and passed 5-0.
Vice Mayor Gardner moved to reject the recommendation of the
Country Club Advisory Board that green fee/cart fees for non-
resident greens fee players be lowered and that an advertising
campaign be instituted regarding the new rate structure, due to a
Country Club Administrative Board being established. President Pro
Tem Pierman seconded the motion, and all present voted aye.
BILL NO. 633 PLACED ON FIRST READING
Vice Mayor Gardner moved that Bill No. 633 entitled:
' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING SECTION 36-23 ENTITLED "PUBLIC SITES AND OPEN
SPACES" OF ARTICLE III OE APPENDIX B-SUBDIVISIONS OF THE
CODE OF ORDINANCES OE THE VILLAGE BY ADDING A PARAGRAPH
THERETO PROVIDING THAT A CASH CONTRIBUTION IN LIEU OF
LAND SHALL BE PLACED IN A SPECIALLY DESIGNATED FUND WITH
EXPENDITURES OF SAID FUNDS TO BE UTILIZED SOLELY FOR
ACQUISITION OF IMPROVED AND UNIMPROVED LAND FOR PARKS AND
RECREATION AND FOR CONSTRUCTION OF CAPITAL FACILITIES
THEREON; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE
be placed on first reading and read by title alone. The motion was
seconded by Councilman Moore and all present voted aye.
ORDINANCE 1-91 (BILL 634) NOT PLACED ON SECOND READING
Vice Mayor Gardner moved that Ordinance 1-91 (Bill 634) entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ANNEXING TO THE VILLAGE CERTAIN AREAS OF PROPERTY;
PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO
BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE TO
INCLUDE SAID PROPERTY; CALLING FOR A REFERENDUM ELECTION
' IN THE VILLAGE AND WITHIN THS AREA PROPOSED TO BE
ANNEXED; DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF
THE REFERENDUM; AND PROVIDING FOR AN EFFECTIVE DATE
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Minutes of Regular Session
Held January 10, 1991
be placed on second reading and read by title alone. Councilman
Grinn seconded the motion. A lengthy discussion followed, with
representatives of Portage Landing residents stating their
opposition to the annexation, representatives of Hidden Key stating
their desire that the annexation of Hidden Key be removed from the
referendum, and a representative of Twelve Oaks expressing his
opinion that there were residents of Twelve Oaks that would be in
favor of annexation. After discussion, the motion failed 0-5.
RECESS
The meeting recessed at 9:08 p.m. and reconvened at 9:15 p.m.
BILL 637 ADOPTED AS EMERGENCY ORDINANCE NO. 1-91
President Pro Tem Pierman moved that Bill 637 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH COUNTRY CLUB FUND BUDGET
FOR FISCAL YEAR 1990-91 BY APPROPRIATION TRANSFER FROM
COUNTRY CLUB CONTINGENCY TO DRIVING RANGE, MACHINERY AND
EQUIPMENT FOR PURCHASE OF MODIFIED GOLF CART
be placed on first and second reading, on an emergency basis, and
read by title alone. The motion was seconded by Vice Mayor Gardner
and passed 3-2, with President Pro Tem Pierman, Vice Mayor Gardner,
and Mayor Marks voting aye, and Councilman Moore and Councilman
Grinn voting nay.
President Pro Tem Pierman moved that Bill No. 637 be adopted as
Ordinance 1-91, on an emergency basis, and Vice Mayor Gardner
seconded the motion. The motion passed 3-2, with President Pro Tem
Pierman, Vice Mayor Gardner, and Mayor Marks voting aye, and
Councilman Moore and Councilman Grinn voting nay.
TRACTOR REPLACEMENT - DRIVING RANGE
President Pro Tem Pierman moved to declare
equipment. Councilman Grinn seconded the
passed 4-1, with President Pro Tem Pierman,
Mayor Gardner and Mayor Marks voting aye,
voting nay.
the tractor as surplus
motion, and the motion
Councilman Grinn, Vice
and Councilman Moore
COUNTRY CLUB ADMINISTRATIVE BOARD - SELECTION OF MEMBERS
After casting two rounds of ballots, the Council appointed the
following persons to the Country Club Administrative Board:
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1
Minutes of Regular Session
Held January 10, 1991
M. C. Love
Richard Bingham
Lucia Traugott
Arnold Hess
Frank Shone
Richard Voss
Norman McCaskill
The ballots are attached to the Minutes of this meeting.
M. C. Love, Frank Shone, and Richard Bingham were selected to serve
an initial term of three years; all other appointees w111 serve an
initial term of two years. Thereafter, all members will serve a
two year term.
Vice Mayor Gardner left the meeting at 9:42 p.m., due to a personal
commitment.
RESOLUTION NO. 1-91 ADOPTED
Councilman Grinn moved that Resolution 1-91 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING MEMBERS TO THE COUNTRY CLUB
ADMINISTRATIVE BOARD
be adopted. The motion was seconded by President Pro Tem Pierman,
and passed 4-0.
COUNTRY CLUB POOL - GUTTER/STAIR TILE
Councilman Grinn moved to award a bid to Ultimate Pools, Miami, FL,
the sole bidder, for the gutter and tiling of the deep end of the
Country Club Pool for $7,553, to be expended from Account No.
L8051-34620 (R & M-BU3lding & Grounds).
Mayor Marks passed the gavel to President Pro Tem Pierman and
seconded the motion. All present voted aye.
President Pro Tem Pierman returned the gavel to Mayor Marks.
Councilman Grinn moved to place the NAGS contract on the agenda.
The motion failed due to lack of a second.
There being no further business to come before Council, the meeting
adjourned at 9:55 p.m.
Kathleen E. Kelly, Village Cler7
5
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` PROPOSAL TO THE VILLAGE OF NORTH PALM BEACH, FLORIDA
' The undersigned, as bidder; does declare that no other
person than the bidder herein named has any interest in this
proposal or in the contract to be taken, and that it is made
without any connection with any other person or persons
making proposal for the same article, and is in all respects
fair and without collusion or fraud..
The. undersigned further declares that he has carefully
examined the specifications and is thoroughly familiar with
its provisions and with the guality, type and grade of -_
material called for.
The undersigned further declares that he proposes to
furnish the articles called for within the specified time set
in this proposal for the following price and guarantees that
parts and services for the articles and the project listed
below are available within the State of Florida, to wit:
DATE: Q 2ce.,M.ljzJ~ N 1990 -
ITEM DESCRIPTION AMOUNT
1, Labor and material per bid specifications
A, Shallow end including two stairs Lump Sum $ ~-11p,'~O
Approximately 305 lineal feet
B. Deep end approximately 205 Lump Sum $~
lineal feet
2. Discount if items 1A and 1B are -Slump Sum $ .~U S.a°
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away e together -
t-A - Q} dA~S
3, Calendar days to complete after notice to proc`ee~$~ q days Sze R~+a~~S
4. Certificate of Competency enclosed Yes _
bdpooltile
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PROPOSAL TO THE VILLAGE OF_fIORTH PALM BEACti, FLORIDA {Con'td.}
EhiARKS XCEPTIOflS: -('~.}E Rc.AZ:~ ~' ~ 1Q
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CLERK'S TALLY SHEET
Country Club Administrative Board - 1/10/91
l Apelgren, Robert
C' Banaszak, Joseph _
-Bingham, Richard
/j Charles, Herbert
Cleveland, James -!~
~ Donohue, Donald ~_ _
Erger, Herbert
Gold, Adele ~_
-Bess, Arnold
G' Holl, William E.
Love, M. C.
~MCCaskill, Norman
Murgio, Michael ~_
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CLERK'S TALLY SHEET
Country Club Administrative Board - 1/10/91
Apelgren, Robert
Banaszak, Joseph
!j .Bingham, Richard
Charles, Herbert
Cleveland, James
Donohue, Donald
Erger, Herbert
Gold, Adele
Arnold
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Holl, William E.
~ Love, M. C.
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Pullon, Peter
Ridgway, John
Rusnak, James
Shone, Frank
~~ Traugott, Lucia
L, ~7oss, Richard
J Walne, Gilbert
Weston, Chuck
COUNCIL VOTING SHEET
APPLICANTS TO COUNTRY CLUB ADMINISTRATIVE BOARD
Apelgren, Robert
Banaszak, Joseph
Bingham, Richard
Charles, Herbert
Cleveland, James
Donohue, Donald
Erger, Herb
Gold, Adele
Hess, Arnold
Holl, William E.
Love, M. C.
McCaskill, Norman
Murgio, Michael
Nolan, Harriet
Pullon, Peter
Ridgway, John
Rusnak, James
Shone, Frank
Traugott, Lucia
Voss, Richard
Walne, Gilbert
Weston, Chuck
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COUNCIL VOTING SHEET
APPLICANTS TO COUNTRY CLUB ADMINISTRATIVE BOARD
Apelgren, Robert
Banaszak, Joseph
Bingham, Richard
Charles, Herbert
Cleveland, James
Donohue, Donald
Erger, Herb
Gold, Adele
Hess, Arnold
Holi, William E.
Love, M. C.
McCaskill, Norman
Murgio, Michael
Nolan, Harriet
Pullon, Peter
Ridgway, John
Rusnak, James
Shone, Frank
Traugott, Lucia
Voss, Richard
Walne, Gilbert
Weston, Chuck
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COUNCIL VOTING SHEET
APPLICANTS TO COUNTRY CLUB ADMINISTRATIVE BOARD
Apelgren, Robert
Banaszak, Joseph
Bingham, Richard
Charles, Herbert
Cleveland, James
Donohue, Donald
Erger, Herb
Gold, Adele
Hess, Arnold
Holl, William E.
Love, M. C.
McCaskill, Norman
Murgio, Michael
Nolan, Harriet
Pullon, Peter
Ridgway, John
Rusnak, James
Shone, Frank
Traugott, Lucia
Voss, Richard
Walne, Gilbert
Weston, Chuck
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COUNCIL VOTING SHEET
APPLICANTS TO COUNTRY CLUB ADMINISTRATIVE BOARD
Apelgren, Robert
Banaszak, Joseph,
Bingham, Richard
Charles, Herbert
Cleveland, James
Donohue, Donald
Erger, Herb
Gold, Adele
Hess, Arnold
Holl,,William E.
Love, M. C.
McCaskill, Norman
Murgio, Michael
Nolan, Harriet
Pullon, Peter
Ridgway, John
Rusnak, James
shone, Erank
Traugott, Lucia
Voss, Richard
Walne, Gilbert
Weston, Chuck
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COUNCIL VOTING SHEET _
APPLICANTS TO COUNTRY CLUB ADMINISTRATIVE BOARD
Apelgren, Robert
Banaszak, Joseph
Bingham, Richard
Charles, Herbert
Cleveland, James
Donohue, Donald
Erger, Herb
Gold, Adele
Hess, Arnold
Holl, William E.
LOVe, M. C.
McCaskill, Norman
Murgio, Michael
Nolan, Harriet
Pullon, Peter
Ridgway, John
Rusnak, James
Shone, Frank
Traugott, Lucia
Voss, Richard
Walne, Gilbert
Weston, Chuck
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COUNCIL VOTING SHEET
APPLICANTS TO COUNTRY CLUB ADMINISTRATIVE BOARD
Apelgren, Robert
Banaszak, Joseph
Bingham, Richard ~_ _--
Charles, Herbert
Cleveland, James
Donohue, Donald
Erger, Herb
Gold, Adele
Hess, Arnold
Holl, William E.
Love, M. C.
McCaskill, Norman
Murgio, Michael
Nolan, Harriet ~_
Pullon, Peter
Ridgway, John
Rusnak, James
Shone, Frank
Traugott, Lucia
Voss, Richard X
Walne, Gilbert
Weston, Chuck /~~
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COUNCIL VOTING SHEET
APPLICANTS TO COUNTRY CLUB ADMINISTRATIVE BOARD
Apelgren, Robert
Banaszak, Joseph
Bingham, Richard
~q~llwoo a wAs
Charles, Herbert
Cleveland, James
Donohue, Donald
Erger, Herb
Gold, Adele
Hess, Arnold
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Ho11, William E.
Love, M. C.
McCaskill Norman
Murgio, Michael
Nolan.4_~arariet
Pullon, Peter
Ridgway, John
Rusnak, James
Shone, Frank
Traugott., Lucia _~
Voss, Richard ~
Walne, Gilbert
Weston, Chuck
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COUNCIL VOTING SHEET
APPLICANTS TO COUNTRY CLUB ADMINISTRATIVE BOARD
Apelgren, Robert
Banaszak, Joseph
Bingham, Richard
Charles, Herbert
Cleveland, James
Donohue, Donald
Erger, Herb
Gold, Adele
Hess, Arnold
Holl, William E.
Love, M. C.
McCaskill, Norman
Murgio, Michael
Nolan, Harriet
Pullon, Peter
Ridgway, John
Rusnak, James
Shone, Frank
Traugott, Lucia
Voss, Richard
Walne, Gilbert
Weston, Chuck
Submitted by:
COUNCIL VOTING SHEET
APPLICANTS TO COUNTRY CLUB ADMINISTRATIVE BOARD
Apelgren, Robert
Banaszak, Joseph
Bingham, Richard
Charles, Herbert
Cleveland, James
Donohue, Donald
Erger, Herb
Gold, Adele
Hess, Arnold
Holl, William E.
Love, M. C.
McCaskill, NOrman
Murgio, Michael
Nolan, Harriet
Pullon, Peter
Ridgway, John
Rusnak, James
Shone, Erank
Traugott, Lucia
Voss, Richard
Walne, Gilbert
Weston, Chuck
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COUNCIL VOTING SHEET
APPLICANTS TO COUNTRY CLUB ADMINISTRATIVE BOARD
Apelgren, Robert
Banaszak, Joseph
Bingham, Richard
Charles, Herbert
Cleveland, James
Donohue, Donald
Erger, Herb
Gold, Adele
Hess, Arnold
Ho11, William E.
Love, M. C.
McCaskill, Norman
Murgio, Michael
Nolan, Harriet
Pullon, Peter
Ridgway, John
Rusnak, James
Shone, Frank
Traugott, Lucia
Voss, Richard
Walne, Gilbert
Weston, Chuck
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