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1991 NOV 14' MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCII, OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, NOVEMBER 14, 1991 Present: Jerry Gardner, Mayor -- Judy M. Pierman, Vice Mayor Manny Grinn, Councilman Thomas F. Kelsey, Ph.D., Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk Absent: V. A. Marks, M.D., President Pro Tem ROLL CALL Mayor Gardner called the meeting to order at 7:30 p.m. All members of Council were present except President Pro Tem Marks, who was out of the state. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE ' Vice Mayor Pierman 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 10/24/91 Minutes of Special Meeting held 10/28/91 STATEMENTS FROM THE PUBLIC Ray Brady and Jeff Pasquale, both of Captains Road, addressed the Council with their concerns about speeding cars on Anchorage Drive. The Village Manager was directed to have the Public Safety Department provide a patrol car in the area during peak traffic times if necessary to issue warnings or citations. Niels Petersen spoke before Council regarding the uneven surface on the new bridge over the Earman River. The Village Manager was directed to check into the matter. RECEIPT OF MINUTES ' The following Minutes were received as written: Minutes of Planning Commission Meeting held 10/1/91 Minutes of Regular Session ' Held Thursday, November 14, 1991 Minutes of Recreation Advisory Board Meeting held 10/8/91 Minutes of Special Country Club Administrative Board Meeting held 10/17/91 Minutes of Country Club Administrative Board Meeting held 10/21/91 Minutes of Code Enforcement Board Meeting held 11/4/91 Meeting of Special Country Club Administrative Board Meeting held 11/12/91 The following Minutes were accepted with request that time of adjournment be included: Minutes of Police & Fire Pension Board Meeting held 9/25/91 Minutes of Police & Eire Pension Board Meeting held 10/11/91 ' Minutes of Reconvened Police & Fire Pension Board Meeting held 10/14/91 BILL 670 ADOPTED AS ORDINANCE 34-91 (WASTE DISPOSAL) Vice Mayor Pierman moved that Bill 670 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING WASTE DISPOSAL CHARGES FOR COMMERCIAL PROPERTY FOR THE FISCAL YEAR 1991-92; PROHIBITING PRIVATE REMOVAL OF WASTE WITH ESCEPTIONS; WASTE DISPOSAL FEES DUE REGARDLESS OF VACANCY OR NON-USE OF PROPERTY; WASTE DISPOSAL BILLING PROCEDURES; REPEAL OF ORDINANCE NO. 37-90; SEVERABILITY CLAUSE AND EFFECTIVE DATE be placed on second reading and read by title alone. Councilman Kelsey seconded the motion, and all present voted aye. Vice Mayor Pierman moved to adopt Bill 670 as Ordinance 34-91. Councilman Kelsey seconded the motion, and all present voted aye. BILL 671 ADOPTED AS ORDINANCE 35-91 (GENERAL OBLIGATION DEBT LIMIT) Councilman Grinn moved that Bill 671 entitled: ' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, LIMITING GENERAL OBLIGATION DEBT IN PROVIDING CAPITAL 2 ' Minutes of Regular Session Held Thursday, November 14, 1991 IMPROVEMENTS TO AN AMOUNT THAT DOES NOT EXCEED FIVE (5gs) PERCENT OF THE PROPERTY TAX BASE OF THE VILLAGE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; 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 to adopt Bill 671 as Ordinance 35-91. Vice Mayor Pierman seconded the motion, and all present voted aye. BILL 672 ADOPTED AS ORDINANCE 36-91 (AMENDING BUDGET FOR TWIN CITY MALL PROJECT) Councilman Kelsey moved that Bill 672 entitled: AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1991-92 BY APPROPRIATION TRANSFER FROM COUNCIL CONTINGENCY TO TWIN CITY MALL PROJECT ' be placed on second reading and read by title alone. Vice Mayor Pierman seconded the motion, and all present voted aye. Vice Mayor Pierman moved to adopt Bill 672 as Ordinance 36-91. Councilman Kelsey seconded the motion, and all present voted aye. RESOLUTION 42-91 ADOPTED (PROHIBITING SMOKING INSIDE NPB LIBRARY) Vice Mayor Pierman moved that Resolution 42-91 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING THAT THE ENTIRE INTERIOR AREA OF THE NORTH PALM BEACH LIBRARY SHALL NOT CONTAIN A DESIGNATED SMOKING AREA be adopted. Councilman Grinn seconded the motion, and all present voted aye. RESOLUTION 43-91 ADOPTED (AWARDING BID FOR TENNIS COURTS) Councilman Kelsey moved that Resolution 43-91 entitled: ' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF GATOR COURT CONTRACTORS, INC., BOCA RATON, FLORIDA, FOR RECONSTRUCTION OF FOUR TENNIS COURTS AT THE NORTH PALM BEACH COUNTRY CLUB IN ACCORDANCE WITH 3 Minutes of Regular Session ' Held Thursday, November 14, 1991 SPECIFICATIONS IN THE AMOUNT OF $45,900.00; FUNDS TO BE E}LPENDED FROM ACCOUNT L8050-66210 (CONSTRUCTION & MAJOR RENOVATION) be adopted. Mayor Gardner passed the gavel to Vice Mayor Pierman and seconded the motion. Discussion was held concerning the opening of a bid that was received late. The Council did not consider this bid, and the consensus of Council was that a bid submitted after the advertised opening time shall not be accepted and opened. Thereafter, the motion passed unanimously, and Vice Mayor Pierman returned the gavel to Mayor Gardner. CONSIDERATION OF REPEAL OF ORDINANCE 32-91 DENIED (PROSPERITY HARBOR SOUTH PUD) Vice Mayor Pierman moved to deny the consideration of repeal of Ordinance 32-91. Councilman Grinn raised a point of order regarding the motion, stating that the Charter dictates that the repeal must be considered. George Baldwin, Village Attorney, opined that the motion was appropriate, pursuant to the Village Charter. Mayor Gardner passed the gavel to Councilman Kelsey and seconded the motion. After lengthy discussion and statements from various members of the public, the motion to deny consideration of repeal passed 3-1, with Vice Mayor Pierman, Mayor Gardner and Councilman Kelsey voting aye, and Councilman Grinn voting nay. Councilman Kelsey returned the gavel to Mayor Gardner. CONSIDERATION OF REPEAL OF ORDINANCE 29-91 DENIED (PROSPERITY HARBOR NORTH PUD) Vice Mayor Pierman moved to deny the consideration of repeal of Ordinance 29-91. Mayor Gardner passed the gavel to Councilman Kelsey and seconded the motion. The motion passed 3-1, with Vice Mayor Pierman, Mayor Gardner and Councilman Kelsey voting aye, and Councilman Grinn voting nay. ' Councilman Kelsey returned the gavel to Mayor Gardner. REFERENDUM DATE SET 4 ' Minutes of Regular Session Held Thursday, November 14, 1991 Vice Mayor Pierman moved to declare Monday, January 6, 1992 as the date of Referendum for ordinances 29-91 and 32-91. Councilman Kelsey seconded the motion, and all present voted aye. SOLE SOURCB PURCHASE APPROVED Councilman Kelsey moved to approve the purchase of IBDU nitrogen fertilizer as a sole source item in excess of $5,000. Vice Mayor Pierman seconded the motion, and all present voted aye. GOLF COURSE TRACTOR DSCLARSD SURPLUS Councilman Kelsey moved to approve the declaration of a 1971 Ford 3000 tractor as surplus equipment. Vice Mayor Pierman seconded the motion, and all present voted aye. POOL MANAGER'S CONTRACT RENEWED Vice Mayor Pierman moved to approve the renewal of the Pool ' Manager's contract with Richard Cavanah for Fiscal Year 1991-92. Councilman Kelsey seconded the motion, and all present voted aye. TENNIS PROFESSIONAL'S CONTRACT RENEWED Vice Mayor Pierman moved to approve the renewal of the Tennis Professional's contract with Carole Kalogeropoulos £or Fiscal Year 1991-92. Councilman Kelsey seconded the motion, and all present voted aye. HIRING FREEZE - TABLED Councilman Grinn moved to approve a policy statement regarding a hiring freeze for the Village of North Palm Beach. Councilman Kelsey seconded the motion. After discussion, Vice Mayor Pierman moved to table the motion until the next agenda, allowing time for review and revision of the policy by Mayor Gardner and the Village Manager. Councilman Grinn seconded the motion to table, and all present voted aye. EMERGENCY PURCHASE FOR REPAIR OF POOL PUMP ROOM AND ELECTRICP.L SERVICE FOR DRIVING RANGE CONFIRMED Vice Mayor Pierman moved to confirm the emergency purchase to Peninsular Electric Distribution, Inc. in the amount of $5,360.22 for the purpose of repairing pool pump room and providing service for driving range lights. Councilman Kelsey seconded the motion. 5 1 Minutes of Regular Session Held Thursday, November 14, 1991 The motion passed 3-1, with Vice Mayor Pierman, Councilman Kelsey and Mayor Gardner voting aye, and Councilman Grinn voting nay. BUDGET TRANSFER APPROVED FOR POOL PUMP ROOM REPAIRS Councilman Grinn moved to approve a transfer of funds from Country Club Contingency (L8070-49910) to R & M-Machinery and Equipment (L8051-34650) in the amount of $14,500 for the purpose of repairing the pool pump room. Vice Mayor Pierman seconded the motion, and all present voted aye. L There being no further business tc meeting adjourned at 9:30 p.m. hleen F. Kelly, i]: age Cle come before the Council, the 6