12-10-1992 VC REG-MMINUTES OF REGULAR SESSION
' OF THS
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, DECEMBER 10, 1992
Present: Judy M. Pierman, Mayor -
V. A. Marks, M. D. , President Pro Tem
Jerry Gardner, Councilman
Tom Valente, Councilman
Gail H. Vastola, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Pierman called the meeting to order at 7:30 p.m. All members
of Council were present. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Marks gave the invocation, and 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 Public Hearing held 11/12/92
Minutes o£ Regular Session held 11/12/92
Minutes of Special Meeting held 11/18/92
REPORT OF THE MAYOR
Mayor Pierman presented a plaque in honor of Doris Pierce, who is
retiring from the Library after 15 years of service. Mrs. Pierce
was out of town, and Library Director Nancy Moore accepted the
plaque on behalf of Mrs. Pierce.
Mayor Pierman presented a plaque to Nancy Moore, Library Director,
in honor of her 25th anniversary as an employee of the village of
North Palm Beach.
Mayor Pierman reported on Governor Chiles' "Hope for the Holidays"
project for Hurricane Andrew victims. Each Florida municipality
' has been asked to participate with donations, and each will be
presenting a special Christmas ornament from their city as part of
this project. The Village Manager was directed to contact the
Recreation Department regarding the making of the ornament.
Minutes of Regular Session
' Held Thursday, December 10, 1992
STATEMENTS FROM THE PUBLIC
Al Moore, 427 Oyster Road, requested investigation concerning
several possible code violations: the asphalt driveways along
Prosperity Farms Road instead of concrete driveways; an opening
onto U. S. 1 from the service road in front of the bank across from
Village Hall, and fences along Prosperity Farms Road along side the
sidewalk; and an illegal gazebo at a home on the corner of
Lighthouse Drive and Anchorage that was put up without a permit,
cited as a violation, but is still there.
The Village Manager was directed to investigate these cases for Mr.
Moore.
PETITIONS AND COMMUNICATIONS
The following Minutes were received as submitted:
Minutes of General Employees Pension Board Meeting held
' 10/15/92
Minutes of General Employees Pension Board Meeting held
10/28/92
Minutes of Country Club Administrative Board Meeting held
11/2/92
Minutes of Planning Commission Meeting held 11/3/92
Minutes of Special Country Club Administrative Board Meeting
held 11/4/92
Minutes of Recreation Advisory Board Meeting held 11/10/92
Minutes of Special Planning Commission Meeting held 11/10/92
Minutes of Special Meeting of Country Club Administrative
Board Meeting held 11/23/92
The following Minutes were accepted with request for correction to
show attendance by Mayor Pierman:
Minutes of Special Meeting of Country Club Administrative
Board Meeting held 11/16/92
' Minutes of Special Meeting of Country Club Administrative
Board Meeting held 11/17/92
2
Minutes of Regular Session
' Held Thursday, December 10, 1992
Minutes of Special Meeting of Country Club Administrative
Board Meeting held 11/18/92
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
Councilman Valente moved to accept the recommendation of the
Recreation Advisory Board to pursue the development of Anchorage
Park to maximum capacity. President Pro Tem Marks seconded the
motion, and all present voted aye.
Councilman Gardner moved to accept the recommendation of the
Recreation Advisory Board to stop any further action on the
acquisition of the Palm Bible Chapel.. President Pro Tem Marks
seconded the motion, and all present voted aye.
VILLAGE MANAGER'S REPORT
Mr. Kelly asked for and received approval for application for Tree
City U.S.A. status for the Village of North Palm Beach.
Mr. Kelly introduced Mike Hogan, Code Enforcement Officer for the
Village of North Palm Beach. Mr. Hogan will also serve as Safety
Inspector for the Village.
BILL 701 - EMD GRANT - PLACED ON FIRST READING
Councilman Vastola moved that Bill 701 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
FISCAL YEAR 1992-93 TO APPROPRIATE FUNDS TO PROVIDE
TRAINING AND PURCHASE OF EQUIPMENT FOR EMERGENCY MEDICAL
DISPATCHING SERVICES TO BS FUNDED BY EMERGENCY MEDICAL
DISPATCHING PROGRAM GRANT PER RESOLUTION NO. 28-92
be placed on first reading and read by title alone. Councilman
Valente seconded the motion, and all present voted aye.
- AMENDING PENSIONS AND RETIREMENT SYSTEMS - PLACED
1
President Pro Tem Marks moved that Bill 702 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING SECTION 2-149 OF ARTICLE V, PENSIONS AND RETIREMENT
SYSTEMS, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE
BY ADDING A SUBSECTION (C) THERETO TO PROVIDE THAT IF THE
3
Minutes of Regular Session
' Held Thursday, December 10, 1992
MONTHLY BENEFITS DO NOT E}LCEED ONE HUNDRED ($100.00) DOLLARS,
THE BOARD SHALL, IN ITS SOLE DISCRETION, HAVE THE OPTION TO
MAKE A LUMP SUM PAYMENT IN LIEU OF INSTALLMENTS; 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. Councilman
Vastola seconded the motion, and all present voted aye.
RESOLUTION 45-92 ADOPTED - APPOINTING VICE MAYOR
'Mayor Pierman passed the gavel to President Pro Tem Marks and
nominated Councilman Gardner for Vice Mayor.
Councilman Gardner declined the nomination, and placed the name of
President Pro Tem Marks in nomination.
President Pro Tem Marks returned the gavel to Mayor Pierman.
Councilman Valente moved to close nominations.
' The nomination of V. A. Marks, M. D. for Vice Mayor passed
unanimously, and the name of V. A. Marks, M. D. was entered into
Resolution 45-92.
Councilman Vastola moved that Resolution 45-92 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
APPOINTING CERTAIN OFFICERS FOR SUCH VILLAGE
be adopted. Councilman Gardner seconded the motion, and all
present voted aye.
RESOLUTION 46-92 ADOPTED - APPOINTING PRESIDENT PRO TSM
Councilman Valente nominated Jerry Gardner for President Pro Tem.
There being no other nominations, the appointment of Jerry Gardner
as President Pro Tem passed unanimously, and the name of Jerry
Gardner was entered into Resolution 46-92.
Vice Mayor Marks moved that Resolution 46-92 entitled:
A RESOLUTION OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA,
' APPOINTING CERTAIN OFFICERS FOR SUCH VILLAGE
4
Minutes of Regular Session
' Held Thursday, December 10, 1992
be adopted. Councilman Vastola seconded the motion, and all
present voted aye.
Thereafter, the Village Clerk administered the oaths of office to
Vice Mayor Marks and President Pro Tem Gardner.
47-92 ADOPTED - APPOINTING MEMBERS TO
The Village Council, by written ballot, copies of which are
attached to the official Minutes of record, appointed the following
persons to serve on the Country Club Administrative Board: Arnold
Hess, Leonard Pellegren, Lucia Traugott, and Richard Voss. Those
names were entered into Resolution 47-92.
Vice Mayor Marks moved that Resolution 47-92 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING MEMBERS TO THE COUNTRY CLUB
ADMINISTRATIVE BOARD
' be adopted. President Pro Tem Gardner seconded the motion, and all
present voted aye.
RESOLUTION 48-92 ADOPTED - ACCEPTING BID FOR PACKER BODY
Councilman Vastola moved that Resolution 48-92 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ACCEPTING THE BID OF MUNICIPAL SALES AND LEASING, INC.,
LAKELAND, FLORIDA, FOR ONE PAK-MOR MODEL R120B PACKER
BODY IN THE AMOUNT OF $18,950.00 TO BE E}LPSNDED FROM
ACCOUNT NO. A7020-66410 (AUTOMOTIVE)
be adopted. Vice Mayor Marks seconded the motion.
During discussion, the motion was tabled by consensus until after
Agenda Item 12.a., Budget Transfer for Packer Body was moved
forward and approved.
Vice Mayor Marks moved that a budget transfer in the amount of
$3,653.00 from A7020-34300 (Solid Waste Disposal) to A7020-66410
(Automotive) for the purpose of purchasing packer body be approved.
Councilman Vastola seconded the motion, and all present voted aye.
' Thereafter, the motion to adopt Resolution 48-92 passed 5-0.
5
Minutes of Regular Session
' Held Thursday, December 10, 1992
RESOLUTION 49-92 ADOPTED - CODE ENFORCEMENT BOARD STATUTE
Councilman Valente moved that Resolution 49-92 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, URGING STATE LEGISLATURE TO AMEND "CODE
ENFORCEMENT BOARD" STATUTE SO AS TO ALLOW SUBSTITUTED
SERVICE ON SECRETARY OF STATE FOR NONRESIDENT VIOLATORS
be adopted. Councilman Vastola seconded the motion, and all
present voted aye.
RESOLUTION 50-92 ADOPTED - INDEMNIFICATION ACs1i1515M15N'1' '1'ril; nL'1V~
SCHOOL
Councilman Valente moved that Resolution 50-92 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
ENTER INTO AN INDEMNITY AGREEMENT WITH THE BENJAMIN
' PRIVATE SCHOOL, INC., ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT INDEMNIFIES THE VILLAGE OF NORTH PALM BEACH
FROM LIABILITY ARISING OUT OF THS BENJAMIN PRIVATE
SCHOOL, INC.'S DEMOLITION OF THE CAROLINDA DRIVE PUMP
BUILDING OWNED BY SEACOAST UTILITY AUTHORITY AND LEASED
BY THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN
EFFECTIVE DATE
be adopted. Vice Mayor Marks seconded the motion, and all present
voted aye.
RESOLUTION 51-92 ADOPTED - LEASE AGREEMENT FOR PUBLIC SAFETY
Councilman Valente moved that Resolution 51-92 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
ENTER INTO A LEASE AGREEMENT OF REAL PROPERTY WITH THE
BENJAMIN PRIVATE SCHOOL, INC., ATTACHED AS EXHIBIT "A",
WHICH REAL PROPERTY IS TO BE UTILIZED BY THS VILLAGE FOR
POLICE, FIRE AND EMERGENCY MEDICAL SERVICE PURPOSES; AND
PROVIDING FOR AN EFFECTIVE DATE
' be adopted. President Pro Tem Gardner seconded the motion.
6
Minutes of Regular Session
' Held Thursday, December 10, 1992
During discussion, the following changes and/or corrections were
made to Exhibit "A":
Section 2. TERM OF LEASE.: the ending date of 1996 to be changed to
2003, and the word "thirty" to be changed to "three hundred sixty
five." It was agreed to insert language stating that the term
shall commence upon the effective date of termination of the lease
with Seacoast.
Page 7, last paragraph of Section 14: A period was inserted after
the word "damage" and the phrase "with an additional minimum
umbrella coverage of one (1) million dollars" was deleted.
Page 17, Section 42. LEASE CONTINGENCY. was deleted.
Thereafter, the motion to adopt Resolution 51-92 passed 5-0.
RESOLUTION 52-92 ADOPTED - LEASE AGREEMENT WITH BENJAMIN SCHOO
USE OF SOCCER FIELD ~ `
' Councilman Valente moved that Resolution 52-92 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERIC TO
ENTER INTO A LEASE AGREEMENT OF REAL PROPERTY WITH THE
BENJAMIN PRIVATE SCHOOL, INC., ATTACHED AS EXHIBIT "A",
FOR THE PURPOSE OF SECURING AND UTILIZING THE BENJAMIN
" LOWER SCHOOL SOCCER FIELD FOR SOCCER PRACTICE BY VILLAGE
SPONSORED RECREATIONAL SOCCER TEAMS; AND, PROVIDING FOR
AN EFFECTIVE DATE
be adopted. President Pro Tem Gardner seconded the motion.
During discussion the following changes and/or corrections were
made to Exhibit "A":
Page 3, Section 7: A period was inserted after the word "damage"
and the phrase "with an additional minimum umbrella coverage of one
(1) million dollars" was deleted.
Page 3, Line 2: The word "insure" shall be corrected to read
"insurer".
Thereafter, the motion to adopt Resolution 52-92 passed 5-0.
7
Minutes of Regular Session
' Held Thursday, December 10, 1992
RESOLUTION 53-92 ADOPTED - LE
SEACOAST UTILITY AUTHORITY
TERMINATION A(
Councilman Valente moved that Resolution 53-92 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
ENTER INTO A LEASE TERMINATION AGREEMENT WITH SEACOAST
UTILITY AUTHORITY ATTACHED AS EXHIBIT "A" FOR THS PURPOSE
OF TERMINATING THE LEASE AGREEMENT ENTERED INTO BETWEEN
THE PARTIES ON SEPTEMBER 5, 1991; AND, PROVIDING FOR AN
EFFECTIVE DATE
be adopted. President Pro Tem Gardner seconded the motion, and all
present voted aye.
The meeting recessed at 9:15 p.m. and reconvened at 9:30 p.m.
RESOLUTION 54-92 ADOPTED - F.I_N.D. GRANT
' Councilman Valente moved that Resolution 54-92 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
ENTER INTO AN AGREEMENT WITH FLORIDA INLAND NAVIGATION
DISTRICT ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF
SECURING MATCHING FUNDS FOR A SHORELINE RESTORATION
PROJECT LOCATED WITHIN THE CORPORATE LIMITS OF THS
VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Marks seconded the motion, and all present
voted aye.
BUDGET TRANSFER APPROVED - PARK MAINTENANCE/PARKSKEEPER SALARY
Councilman Valente moved that a budget transfer in the amount of
$832.00 from A5540-49918 (Safety & Attendance Awards) to A8023-
11210 and 12110 (Regular Pay & FICA) for the purpose of correcting
budget error and adjusting parkskeeper salary to appropriate pay
grade be approved. Councilman Vastola seconded the motion, and all
present voted aye.
LABOR RELATIONS CONSULTANT AGREEMENT
' Vice Mayor Marks moved that the Village Manager be authorized to
expend funds from the FY 92-93 Budget, not to exceed $1,000.00 for
Labor Consultant services by Glen J. Torcivia, P. A., in accordance
8
Minutes of Regular Session
' Held Thursday, December 10, 1992
with the terms and conditions of his existing contract. Councilman
Valente seconded the motion, and all present voted aye.
TWIN CITY MRLL TASK FORCE APPOINTMENT
President•Pro Tem Gardner moved that Vice Mayor Marks be appointed
as a regular member of the Twin City Mall Task Force. Councilman
Valente seconded the motion, and all present voted aye.
Councilman Valente moved that Charles R. O'Meilia be appointed as
an alternate member to the Twin City Mall Task Force. President
Pro Tem Gardner seconded the motion, and all present voted aye.
PROSPERITY FARMS ROAD SPEED LIMIT
Councilman Valente moved to designate 35 mph as the recommended
speed limit for Prosperity Farms Road within the Village of North
Palm Beach. Vice Mayor Marks seconded the motion, and all present
voted aye.
' With no further business to come before the Council, the meeting
adjourned at 10:11 p.m.
thleen F. Kelly, Village Cler7
L:
9
4
COUNTRY CLUB ADMINISTRATIVE BOARD
~ess, Arnold (Incumbent)
Kinnaird, Buck
Newell, Emery J.
~llegren, Leonard
/Trau ott, Lucia (Incumbent)
oss, Richard (Incumbent)
Round 1
~~
/J~
~~~
1J_L.~
Round 2
/ /l
_l L/-~
Round 3
Dated: 12/10/92
«„e_d,~
BALLOT
12/10/92
COUNTRY CLUB ADMINISTRATIVE BOARD
Round 1 Round 2 Round 3
Hess, Arnold (Incumbent)
Kinnaird, Buck
Newell, Emery J.
Pellegren, Leonard
Traugott, Lucia (Incumbent)
Voss, Richard (Incumbent)
~a
tsianature}
Dated: 12/10/92
BALLOT
12/10/92
A ~ COUNTRY CLUB ADMINISTRATIVE BOARD
"~~~ ~ " "" " DES ~ Rou d 1 Round 2
Hess, Arnold (Incumbent)
Kinnaird, Buck
Newell, Emery J. T
Pellegren, Leonard ~,_ /,(\
Traugott, Lucia (Incumbent)
Voss, Richard (Incumbent)
Round 3
(Signature}
Dated: 12/10/92
BALLOT
12/10/92
COUNTRY CLUB ADMINISTRATIVE BOARD
• Round .l Round 2 Round 3
Hess, Arnold (Incumbent) ~VJT
Kinnaird, Buck
Newell, Emery J.
Pellegren, Leonard
Traugott, Lucia (Incumbent) ~ __-
Voss, Richard (Incumbent)
~~1~~~
(Signature}
Dated: 12/10/92
BALLOT
12/10/92
COUNTRY CLUB ADMINISTRATIVE BOARD
Round 1 Round 2 Round 3
Hess, Arnold (Incumbent)
Kinnaird, Buck
Newell, Emery J.
Pellegren, Leonard ~_ _~ _______
Traugott, Lucia (Incumbent)
Voss, Richard (Incumbent) _~
(Signature)
Dated:. 12/10/92
BALLOT
12/10/92
COUNTRY CLUB ADMINISTRATIVE BOARD
Round 1
Hess, Arnold (Incumbent) _~_
Kinnaird, Buck
Newell, Emery J. v~
Pellegren, Leonard
Traugott, Lucia (Incumbent) ~_
Voss, Richard (Incumbent) ~
Round 2
Round 3
L
~,~ ~,..~
signature)
Dated: 12/10/92
OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach)
I, V. A. Marks, M.D. 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.
G%~~-~G~~~~. ~~-~
(Signature)
Subscribed and sworn to before me this lOt d_ay of DPrambPr
1992.
~ -
(NOtary
i .- KATLIL~~~t/ ~, ~~~Y
NOTARY PUBLIC, STATE OF FLORIDA.
MY COMMISSION EXPIRES: MAY 24, 1993.
BOBDED TNRU NOTARY PUBYG YNDfiRWRITERBj
OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach)
I, mrr~rarrlnar do solemnly swear that I will I
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 PrPCident 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.
i nature
Subscribed and sworn to before me this 10th day of December ,
1992.
~ -------
(Notary)
.~rs/G~xi F_ 1~~L,~y
%~ X7733 L _ - --
NC7ARY FUBLIC, STA7E 6F F[.ORIOp.
PAY CO:d Id iSS{Cq EXPIRES: hIAY 24, ig~$'a;
BONOEO TR RY NOTARY pU RLIG UNOgRWRITERBS