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1991 MAR 14_17 .. l__J 1 MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, MARCH 14, 1991 Present: V. A. Marks, M. D., Mayor Jerry Gardner, Vice Mayor Judy M. Pierman, 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 Marks called the meeting to order at 7:30 p.m. All members of Council and staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Marks gave the invocation and Vice Mayor Gardner led the Council and the public in the Pledge of Allegiance to the Flag. ORGANIZATION OF COUNCIL The Village Council conducted its organization according to Article III, Section 3 of the Village Charter, by nomination as follows: President Pro Tem Pierman nominated Vice Mayor Gardner to the office of Mayor. Councilman Grinn nominated President Pro Tem Pierman for the office of Vice Mayor. Councilman Grinn nominated V. A. Marks as President Pro Tem. There being no other nominations offered, the names of Jerry Gardner as Mayor, Judy M. Pierman as Vice Mayor, and V. A. Marks as President Pro Tem were included in Resolution 11-91. RESOLUTION 11-91 ADOPTED Councilman Kelsey moved that Resolution 1i-91 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING CERTAIN OFFICERS FOR SUCH VILLAGE be adopted. Councilman Grinn seconded the motion, and all present voted aye. ' Minutes of Regular Session Thursday, March 14, 1991 OATHS OF OFFICE ADMINISTERED The Village clerk administered the Oath of Office to Mayor Gardner, Vice Mayor Pierman, and President Pro Tem Marks. These oaths shall be attached to the official minutes of the meeting. APPROVAL OF MINUTES The following Minutes were approved as corrected: Minutes of the Regular Session held February 28, 1991 The following Minutes were approved as written: Minutes of the Special Meeting held March 13, 1991 ACCEPTANCE OF MINUTES The following Minutes were accepted as written: Minutes of Recreation Advisory Board Meeting held February 12, ' 1991 Minutes o£ Country Club Administrative Board Meeting held February 18, 1991 Minutes of Special Country Club Administrative Board Meeting held February 25, 1991 The Minutes of the Code Enforcement Board meeting held March 4, 1991 were accepted with the notation that Councilman Grinn had been present at that meeting. BILL 641 ADOPTED AS ORDINANCE 6-91 Vice Mayor Pierman moved that Bill 641 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FOR THE REPEAL OF SSCTION 45-20 ENTITLED "ANNE%ED LAND IN R-1 DISTRICT" OF ARTICLS II OF APPENDI% C-ZONING, OF THE CODE OF ORDINANCSS OF THS VILLAGE OF NORTH PALM BEACH; PROVIDING FOR THS REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCSS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. President Pro ' Tem Marks seconded the motion, and all present voted aye. 2 Minutes of Regular Session Thursday, March 14, 1991 Vice Mayor Pierman moved that Bill 641 be adopted as Ordinance 6- 91, with President Pro Tem Marks seconding the motion. All present voted aye. BILL 645 ADOPTED AS ORDINANCE 7-91 Councilman Grinn moved that Bill 645 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION F OF SECTION 45-36 OF ARTICLE III, OF APPENDI% C-ZONING RELATING TO CONDUCT OF BUSINESS, PROFESSIONAL, COMMERCIAL ACTIVITIES AND HOME OCCUPATIONS UPON REAL PROPERTY AND WITHIN DWELLINGS OR UPON DOCKS, PIERS, OR WATERSIDE STRUCTURES APPURTENANT THERETO; PROVIDING FOR THS REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Vice Mayor Pierman seconded the motion, and all present voted aye. Councilman Grinn moved that Bill 645 be adopted as Ordinance 7-91, ' with Vice Mayor Pierman seconding the motion. All present voted aye. PROPOSED PARKER BRIDGE RESOLUTION This item was dropped from the agenda. RESOLUTION 12-91 ADOPTED Councilman Kelsey moved that Resolution 12-91 entitled: A RESOLUTION OE TH8 VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, TRANSMITTING ITS COMMENTS ON THE PROPOSED COUNTYWIDE FUTURE LAND USE ELEMENT; E%PRE5SING ITS FULL ENDORSEMENT OF THE MUNICIPAL LEAGUE'S POSITION WITH REGARD TO THE PROPOSED COUNTYWIDE FUTURE LAND USE ELEMENT; STRONGLY S%PRESSING ITS CONCERN THAT THE COUNTYWIDE PLANNING COUNCIL HAS GREATLY SSCSEDSD ITS NRISDICTION AS SST FORTH IN ARTICLE VII OF THE PALM BEACH COUNTY CODE BY INDEPENDENTLY PREPARING DRAFT POLICIES DEALING WITH ELEMENTS OUTBIDS THE SCOPE OF A "LAND USE ELEMENT;" REQUESTING THE PLANNING COUNCIL TO REVISE THE PROPOSED COUNTYWIDE FUTURE LAND USE ELEMENT IN ACCORDANCE WITH THE SUGGESTIONS HEREIN; PROVIDING THAT ' THIS RESOLUTION BE SENT TO THE PALM BEACH COUNTYWIDE PLANNING COUNCIL, THE PALM BEACH COUNTY MUNICIPAL LEAGUE Minutes of Regular Session ' Thursday, March 14, 1991 AND THS BOARD OF COUNTY COMMISSIONSRS OF PALM BEACH COUNTY AND PROVIDING AN EFFECTIVE DATE be adopted. The motion was seconded by Vice Mayor Pierman, and all present voted aye. BUDGET TRANSFER - HAZMAT TRAINING 'Councilman Grinn moved to approve a budget transfer in the amount of $400 from Account No. A5540-49911 (Council Contingency) to Account No. A5812-35440 (Public Training & Education) for the purpose of hazmat training. President Pro Tem Marks seconded the motion. After discussion, Councilman Grinn amended his motion by tabling this item until the March 28th meeting, and directing the Village Manager to obtain presentations from various agencies (Palm Beach County and NAMAC) stating what assistance they can offer to the Village by sharing hazmat costs. The motion was seconded by President Pro Tem Marks and carried 4-1, with Councilman Grinn, President Pro Tem Marks, Councilman Kelsey and Mayor Gardner voting aye, and Vice Mayor Pierman voting nay. MUNICIPAL LEAGUE ASSESSMENT ESE Vice Mayor Pierman moved to authorize staff to expend funds in the amount of $1,025 for the Village's share of legal services rendered in support of the Palm Beach County Municipal League of Cities position regarding the Palm Beach Countywide Planning Council. ~~~,~,~ President Pro Tem Marks seconded the motion. The motion passed 3-~/'~~ 2, with Vice Mayor Pierman, President Pro Tem Marks and Mayor.lia, q voting aye, and Councilman Kelsey and Councilman Grinn voting nay. LABOR ATTORNEY SERVICES - RICHESON & BROWN After a review of applications and recommendations by the Village Manager, President Pro Tem Marks moved that Mr. Richeson of Richeson & Brown be hired as Labor Attorney to represent the Village of North Palm Beach in a suit filed by Kelly Riley in an amount not to exceed $125.00 per hour. The motion was seconded by Vice Mayor Pierman. Upon advice from the Village Attorney, President Pro Tem Marks amended his motion to incorporate the name of the firm of Richeson & Brown, P.A., rather than Mr. Richeson individually, and to specify the defendants individually, i.e. Bruce Sekeres and Clay Walker of the Public Safety Department, as well as the village of North Palm Beach. The amended motion passed 4-1, with President 4 1 Minutes of Regular Session Thursday, March 14, 1991 Pro Tem Marks, Vice Mayor Pierman, Councilman Kelsey and Mayor Gardner voting aye, and Councilman Grinn voting nay. There being no further business to come before the Council, the meeting adjourned at 9:30 p.m. ~~~ Kat leen F. Kelly, Village Cl k 1 5 OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach) I, ~~Q.~Zy ~.e0 ~y~7. _ , do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; that i will faithfully, honestly and impartially discharge my duties as Mayor during my continuance therein; that I am not directly or indirectly pecuniarily interested in any public service corporation engaged in business in the village of North Palm Beach, or in or with any person or corporation having contracts with said Village, so help.me God. I/ ignature) Subscribed and sworn to before me this 74th day of March _- 1991. ~..1 NOTARY PUBLIC, STATE OF FLORIDA. MY COMtr~iSS10N EXPIRES: MAY 24, 1993. gO1VpSp THRY NO]'gRY PUHLIG UNHSRIYRIigRO11 ; M - OATH OF OFFICfi State of Florida ) .County of Palm Beach ) ss. Village of North Palm Beach) I, Judy M. Pierman _.. .. ,do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; that I will faithfully, honestly and impartially discharge my duties as Vice Mayor during my continuance therein; that I am not directly or indirectly pecuniarily interested in any public service corporation engaged in business in the Village of North Palm Beach, or in or with any person or corporation having contracts with said Village., so help me God. /~'/. /f~Gn~.._. (Signature) Subscribed and sworn to before me this 14th day of March _ 1991. (Notary) ~-~~+~~Y PODLIC, STATE OF FLORIDA. MY COMMISSION EXPIRES: MAy p4, 1993. HOND6D THRU NpTARy pyHYG UNDyRWRIT6RO! OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach) I, V A Marks _.„ do solemnly swear that I will - support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; that I will faithfully, honestly and impartially discharge my duties as President Pro Tem during my continuance therein; that I am not directly or indirectly pecuniarily interested in any public service corporation engaged in business. in the Village of North Palm Beach, or in or with any person or corporation having contracts with said Village, so help.me God. / (Signature) subscribed and sworn to before me this 14th day of March 1991. tart') NOTARY PUBLIC, 57ATE OF FLORIDA. MY COM;fi~~5i0N EXPIRES: MAY 24, 1993. BONDED TRRU NOTARY PU B(JC UND6RWRITBRB,