10-24-1991 VC REG-MMINUTES OF THE REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, OCTOBER 24, 1991
Present: Jerry Gardner, Mayor
Judy M. Pierman, Vice Mayor
Manny Grinn, Councilman
Dennis w. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Gardner called the Regular Session to order at 7:35 p.m. All
members of Council were present except President Pro Tem Marks, who
was delayed, and Councilman Kelsey, who was out of town. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Grinn gave the invocation, and Vice Mayor Pierman 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 10/10/91
REPORT OF THE MAYOR
John Joyce of the American Automobile Association, presented the
AAA Annual Pedestrian Safety Award to North Palm Beach for no
pedestrian fatalities in the Village of North Palm Beach for the
fourth consecutive year. Bruce Sekeres, Director of Public Safety,
accepted the award.
Mayor Gardner presented the Certificate of Achievement for
Excellence in Financial Reporting to Shaukat Khan, Finance
Director. This Certificate was awarded by the Government Finance
Officers Association, and has been given to the Village of North
Palm Beach for three consecutive years.
Vice Mayor Pierman introduced members of the newly formed Teen
Group, resident teenagers that are interested in volunteering their
time to community service. As their first project, the Teen Group
will assist with the Recreation Department's annual Halloween
"Haunted Forest."
' Minutes of Regular Session
Held Thursday, October 24, 1991
STATEMENTS FROM THE PUBLIC
Donald Welsch, 813 Dogwood Road, addressed the Village Council
concerning uneven pavement on Dogwood Road, which is a result of
the construction being done by Ranger Construction. The Village
Manager was directed to refer the problem to the Department of
Public Services. Mr. Kelly reported that he had already called
Ranger Construction earlier in the week, at the request of Mr.
Welsch, but will continue to follow up on this matter either with
Ranger Construction or Palm Beach County, since the contract is
between Ranger and the County.
RECEIPT OF MINUTES
The following Minutes were received as submitted:
Minutes of the Library Advisory Board Meeting held 9/24/91
' Minutes of the Special Country Club Administrative Board
Meeting held 9/25/91
Minutes of the Special Country Club Administrative Board
Meeting held 10/1/91
Minutes of the Country Club Administrative Board Meeting held
10/7/91
Minutes of the Code Enforcement Board Meeting held 10/7/91
The Minutes of the Special Country -Club Administrative Board
Meeting held 10/1/91 contained changes to Rules and Regulations,
which were originally established by Resolution of the Village
Council. Changes to these established regulations must be done by
Council Resolution. The Village Manager was directed to formulate
the proposed changes into a Resolution to come before the Council
at the next Regular Session (November 14, 1991).
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
Councilman Grinn moved to accept the recommendation of the Libr-ary
Advisory Board that the "Council pass a resolution prohibiting
smoking inside the Library premises and that 'No Smoking' signs be
posted." Vice Mayor Pierman seconded the motion, which passed 3-0.
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Minutes of Regular Session
Held Thursday, October 24, 1991
VILLAGE MANAGER'S REPORT
Discussion was held concerning a new draft of a proposed state bill
regulating fishing in the North Palm Beach waterways. No action
was taken.
Mr. O'Meilia, Director of Public Services, reported to the Council
that emergency conditions at the pool and new driving range lights
will necessitate the rental of a generator, as well as outside help
to pull wiring through conduit. This will be an expense that has
not been budgeted.
Barry Byrd, special legal counsel for the Village of North Palm
Beach, was present to give a status report to the Council on the
Gladwin case. Oral arguments will be held November 4, 1991. The
Council authorized the Manager to pay the current invoices of
$330.30 for Mr. Byrd's services.
President Pro Tem Marks arrived at 8:40 p.m.
BILL 663 ADOPTED AS ORDINANCE 33-91 (AMENDING CCAB ORD. 39-90)
President Pro Tem Marks 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 NO. 39-90 WHICH CREATED A COUNTRY CLUB
ADMINISTRATIVE BOARD; ADDING A SUBSECTION D ENTITLED
"PERSONNEL" OF SECTION 6 OF ORDINANCE NO. 39-90;
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. Councilman
Grinn seconded the motion, which passed 4-0.
President Pro Tem Marks moved that Bill 663 be adopted as ordinance
No. 33-91. Councilman Grinn seconded the motion, and all present
voted aye.
BILL 670 - WASTE DISPOSAL - PLACED ON FIRST READING
Councilman Grinn 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
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Minutes of Regular Session
Held Thursday, October 24, 1991
REMOVAL OF WASTE WITH EXCEPTIONS; WASTE DISPOSAL FEES DUE
REGARDLESS OF VACANCY OR NON-USE OF PROPERTY; WASTE
DISPOSAL BILLING PROCEDURES; REPEAL OF ORDINANCE NO. 37-
90; SEVERABILITY CLAUSE RND EFFECTIVE DATE
be placed on first reading and read by title alone. President Pro
Tem Marks seconded the motion, and all present voted aye.
BILL 671 - GENERAL OBLIGATION DEBT LIMIT - PLACED ON FIRST READING
President Pro Tem Marks moved that Bill 671 entitled:.
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
LIMITING GENERAL OBLIGATION DEBT IN PROVIDING CAPITAL
IMPROVEMENTS TO AN AMOUNT THAT DOSS NOT EXCEED FIVE (5%)
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
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be placed on first reading and read by title alone.
Grinn seconded the motion, and all present-voted aye.
FUND
TWIN
President Pro Tem Marks moved that Bill 672 entitled:
COUriC].lman
PROJECT-
AN ORDINANCE OF THE 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
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be placed on first reading and read by title alone. Vice Mayor
Pierman seconded the motion.
Lengthy discussion took place concerning the use of the budgeted
money allocated for upgrading North Lake Blvd.
At the request of President Pro Tem Marks, a vote to ca1L the
question was taken, and passed unanimously.
The motion as originally stated to place Bill 672 on first reading
passed unanimously.
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Minutes of Regular Session
Held Thursday, October 24, 1991
RESOLUTION 37-91 ADOPTED - (APPOINTMENT TO ZONING BOARD OF
ADJUSTMENT
During the nomination process for appointing a member to the Zoning
Board of Adjustment, President Pro Tem Marks moved to establish a
policy of moving alternates up to regular positions when a vacancy
becomes available, provided that they meet the position
requirement. Councilman Grinn seconded the motion, and all present
voted aye.
By written ballot, the Council appointed Deborah Avis as 2nd
Alternate on the Zoning Board of Adjustment, William Hutchison as
1st Alternate, and Jonathan Moore as Regular member, with said
names being entered into Resolution 37-91.
Vice Mayor Pierman moved that Resolution 37-91 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
APPOINTING ONE REGULAR MEMBER AND TWO ALTERNATE MEMBERS
TO THE ZONING BOARD OF ADJUSTMENT
be adopted. President Pro Tem Marks seconded the motion, and all
present voted aye.
- (INTERLOCAL
Vice Mayor Pierman moved that Resolution 38-91 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
ESECUTE ON BEHALF OF THE VILLAGE AN INTERLOCAL AGREEMENT
BETWEEN THE VILLAGE OF NORTH PALM BEACH AND THE TOWN OF
LAKE PARK CREATING THE TWIN CITY MALL TASK FORCE FOR THE
PURPOSE OF FACILITATING RENOVATION AND/OR REDEVELOPMENT
OF THE TWIN CITY MALL; PROVIDING FOR REPEAL OF ALL
RESOLUTIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE HEREOF
be adopted. President Pro Tem Marks seconded the motion, and all
present voted aye.
RESOLUTION 39-91 ADOPTED - (EMS DIRECTOR'S AGREEMENT)
' Vice Mayor Pierman moved that Resolution 39-91 entitled:
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Minutes of Regular Session
Held Thursday, October 24, 1991
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CLERK TO ENTER INTO AN
AMENDMENT TO SECTION 6, COMPENSATION, OF THE AGREEMENT
BETWEEN THE VILLAGE AND MCCURDY & MCCURDY, M. D., P.A.;
AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Marks seconded the motion, and all
present voted aye.
RESOLUTION 40-91 ADOPTED - (ANNUAL VENDOR CONTRACTS)
President Pro Tem Marks moved that Resolution 40-91 entitled:
A RSSOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE ANNUAL VENDOR
CONTRACTS FOR LABOR AND MATERIALS AS AWARDED BY PALM
BEACH COUNTY, THE STATE OF FLORIDA AND THE PALM BEACH
COUNTY COOPERATIVE PURCHASING COUNCIL AND PROVIDING AN
EFFECTIVE DATE
be adopted. Vice Mayor Pierman seconded. the motion, and all
present voted aye.
RESOLUTION 41-91 ADOPTED - (BID AWARD FOR CART PATH CONSTRUCTION)
President Pro Tem Marks moved that Resolution 41-91 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF SOUTHERN CONCRETE PAVERS,
INC., LECANTO, FLORIDA, FOR AN ALTERNATE BID TO PROVIDE
LABOR AND EQUIPMENT FOR CONCRETE CART PATH INSTALLATION
IN ACCORDANCE WITH SPECIFICATIONS IN THS AMOUNT OF
X25,270.00; FUNDS TO BE ESPENDED FROM ACCOUNT 18045-66210
(CONSTRUCTION & MAJOR RENOVATION)
be adopted. Mayor Gardner passed the gavel to Vice Mayor Pierman
and seconded the motion, and all present voted aye.
Vice Mayor Pierman returned the gavel to Mayor Gardner.
SIGN APPEAL - COUNTRY CLUB ADMINISTRATIVE BOARD
No action was taken on the sign appeal as submitted by the Country
Club Administrative Board.
INTERLOCAL AGREEMENT - TRAFFIC IMPACT FEES
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Minutes of Regular Session
Held Thursday, October 24, 1991
President Pro Tem Marks moved to authorize the village Manager and
staff to negotiate an Interlocal Agreement with Palm Beach County
reserving the traffic impact fees generated by various
developments. Vice Mayor Pierman seconded the motion, and all
present voted aye.
LEASE AGREEMENT - CAROLINDA PROPERTY
Vice Mayor Pierman moved to approve the proposed Lease Agreement
between the Village of North Palm Beach and Seacoast Utility
Authority for Carolinda site. President Pro Tem Marks seconded the
motion, and all present voted aye.
HOLIDAY SCHEDULE FOR VILLAGE EMPLOYEES
Vice Mayor Pierman moved to approve the proposed schedule of
holidays for Village employees for Fiscal Year 1991-92. President
Pro Tem Marks seconded the motion, and all present voted aye.
CANCELLATION OF MEETINGS
1 Vice Mayor Pierman moved to cancel Village Council meetings of
November 28, 1991 and December 26, 1991, due to Thanksgiving and
Christmas holidays. President Pro Tem Marks seconded the motion,
and all present voted aye.
GOLF PROFESSIONAL'S CONTRACT
President Pro Tem Marks moved to approve the renewal of the Golf
Professional's Contract with James Tuller for Fiscal Year 1991-92.
Vice Mayor Pierman seconded the motion.
By consensus, the Council made the following changes:
Page 1, Sec. 1B: insert "a" before consultant.
Page 2, Sec. 2B: insert "only" after the word range.
Page 2, Sec. 2C: change "stoarge" to storage.
Page 3, Sec. 2D: insert "additional" between "all" and
"employees".
Page 4, Sec. 8D: change "Finance Department" to "VILLAGE
' Council."
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Minutes of Regular Session
Held Thursday, October 24, 1991
A reporting form as referred to in Section 8D is to be drafted by
the Finance Director who will submit it to the Country Club
Administrative Board for approval or modification. Form shall be
submitted for final approval to the Village Council.
The motion to approve the renewal of the Golf professional's
Contract with James Tuller, as amended, passed unanimously.
POOL MANAGER'S CONTRACT
President Pro Tem Marks moved to approve the renewal of the Pool
Manager's contract with Richard Cavanah for Fiscal Year 1991-92.
Vice Mayor Pierman seconded the motion.
Discussion took place regarding the following changes:
Substitute "VILLAGE" for the "Village of North Palm Beach".
On page 2, line 4: insert "a" before "monthly calendar".
1 Page 2, Sec. 2C: delete "as rent for use of pool facilities
for instruction and"; insert "for" in front of "sale of
equipment".
Page 2, Sec. 2B, first-line: add "at the pool" after "swim
instruction".
Having reached the 11 p.m. curfew, the meeting adjourned.
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