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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 1 J 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: 4 r-.c~ 1 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 . r ` 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° - -- 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 . • Y ~ PROPOSAL TO THE VILLAGE OF_fIORTH PALM BEACti, FLORIDA {Con'td.} EhiARKS XCEPTIOflS: -('~.}E Rc.AZ:~ ~' ~ 1Q ~r1. ~nr n,~. ~[ ;lam )fficers of Corporation or Members of Partnership: NAME TITLE ^ - ADDRESS ~- j`4 ,•~ (J _U ~ Spa s•~taw6ow d.G a,~~K ~ ~ PA?h ~o ~~l /~'.M.43.C(. s FIRM: VI, f ~Mk~'S~ QpoLS •2ntC._ ® Corporation O Partnership ~ Individua SIGNED BY:~p,/~< ~ tDRESS: J~ 5~2 Sau7-~j ~C?i,~/Jo~ .~!lv-e f}o/lyuvood v~L 33OZ/ !9z2d ~~ asn° ~nue ~~,z Nmizm~ T3eac,l, FL 33~ ba 1~C. -7- 1 ~ 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 ~_ ~~~ ~ ~ ~IOlan, Harriet //~ ~~ - 1 '~~' ~-~-- y Pullon, Peter , i ~ ~; Ridgway, John _''/ Rusnak, James £~ Shone, Frank ~I-Traugott, Lucia ~~Ioss, Richard ~~ Walne, Gilbert ~~ Weston, Chuck '~/` ~' r} ~_ 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 `Bess ~~ / / 1/ I / , '-'~7"l(( Holl, William E. ~ Love, M. C. [ ~MCCaskill, Norman r Murgio, Michael - . r ,~~ 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 7 r w 3 Submitted by: C Q ~~ /O"4'/ . . . ~/ 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 •~ V -- - submitted by: ~-/'~~ ~~'^ }"~ t *• /!/ / i , , y- f /~ q / ~q vw~....-~.-- / ~ V 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 T Submitted by: -. ~/~i~~~~'~/`3'-s ~~'°/9I a., ~X,f ~~ 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 ~- X ~- (~~,~ Submitted by: ~[//!~ I ~~ .. ~i ~l 19 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 x ,~ X x 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, Frank Traugott, Lucia Voss, Richard X Walne, Gilbert Weston, Chuck /~~ Submitted by: ~~ ~ ~ ~f 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 iE~ 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 Submitted by: ~~~~ I '~ 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 _!! v Submitted by: Qi `~ ~~~"~ ~_ 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 ~_ ~. submitted by: r~t_ ` `~~/