09-26-1996 VC REG-MMINUTES OF REGULAR SESSION
. OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, SEPTEMBER 26, 1996
Present: V. A. Marks, M. D., Mayor
Tom Valente, Vice Mayor
Gail Vastola, Councilman
Charles O'Meilia, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
Absent:
Larry Kelley, President Pro Tem
ROLL CALL
Mayor Marks called the meeting to order at 7:30 p.m. All members of Council were
present except President Pro Tem Kelley, who was absent due to illness. All members
of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Vastola gave the invocation, and Mayor Marks led the public in the Pledge
of Allegiance to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Special Meeting held 9/9/96
Minutes of Public Hearing held 9/12/96
Minutes of Regular Session held 9/12/96
REPORT OF THE MAYOR
Mayor Marks proclaimed September 1996 as Sickle Cell Awareness Month in the Village
of North Palm Beach. Charles B. Hudnall, President of the Palm Beach County Chapter
of the Sickle Cell Disease Association of America, was present to accept the
• Proclamation.
Minutes ofi Regular Session
• Held Thursday, September 26, 1996
In honor of the Village's recent 40th anniversary, Mort Levin, 115 Lakeshore Drive,
presented geodetic survey maps of North Palm Beach dated 1888 and 1929 to the
Village.
Mr. Levin told the Council that an application was submitted in the unincorporated area
north of PGA Boulevard on U. S. One fora 3-story self-storage warehouse, with a
compound in the rear for storage of cars, boats and other vehicles. Mr. Levin asked the
Council to write a letter to Commissioner Marcus stating an objection to the plan.
The Village Manager was directed to look into this matter.
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Police and Fire Pension Board Meeting held 7/10/96
Minutes of Code Enforcement Board Meeting held 9/9/96 - it was requested that
addresses for the violations be provided in future Minutes. Also, it was requested
that, if reasons are given for negative votes, those reasons be stated in the
Minutes.
Minutes of Country Club Administrative Board Meeting held 9/9/96
Minutes of Recreation Advisory Board Meeting held 9/10/96
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
Vice Mayor Valente moved that the Country Club Administrative Board's recommendation
that the Village Council "amend the restaurant lessee's contract to require one function
(special event) per month, in lieu of the previous required weekly event" be received for
file. Councilman O'Meilia seconded the motion, and all present voted aye.
Councilman Vastola moved that the Recreation Advisory Board's recommendation to
Council "that the Board has approved Scheme A, Draft SD-1, 9/3/96 for the construction
of a new Concession Stand at Osborne Park" be received for file. Vice Mayor Valente
seconded the motion, and all present voted aye.
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Minutes of Regular Session
• Held Thursday, September 26, 1996
Vice Mayor Valente moved that the Recreation Advisory Board's recommendation to
Council "that the Board has approved Scheme D, SK-4 for the design and construction
of the Community Activities Building (Herb Watt Bldg.)" be received for file. Councilman
O'Meilia seconded the motion, and all present voted aye.
VILLAGE MANAGER'S REPORT
Public Safety Director Bruce Sekeres reported to the Council on the damage that
occurred during a storm on Saturday, September 21, 1996, at which time the computers
and telephone system in the Village Hall were knocked out. The 911 system continued
to operate throughout the storm, and insurance should cover all the equipment damaged
by lightning.
Vice Mayor Valente moved to reimburse Mayor Marks for telephone expenses incurred
by lending his personal cellular phone to the Public Safety Department when the
telephone system was lost during and after the storm. Councilman Vastola seconded the
motion.
• Mayor Marks announced that he would abstain from voting.
Thereafter, the motion passed 3-0, Mayor Marks abstaining.
BILL 844 -AMENDING LICENSE TAX SCHEDULE -PLACED ON SECOND READING
AND ENACTED AS ORD. 37-96
Councilman O'Meilia moved that Bill 844 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
SECTION 17-33, LICENSE TAX SCHEDULE, OF ARTICLE
II, OCCUPATIONAL LICENSES, OF CHAPTER 17 OF THE
CODE OF ORDINANCES OF THE= VILLAGE, WHICH
AMENDMENT IS ATTACHED AS EXHIBIT "A' ;PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE
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Minutes of Regular Session
• Held Thursday, September 26, 1996
be placed on seconding reading and read by title alone. Vice Mayor Valente seconded
the motion, and all present voted aye.
BILL 845 -WATER AND IRRIGATION CONSERVATION POLICY -PLACED ON FIRST
READING
Councilman O'Meilia moved that Bill 845 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 19-202 OF
ARTICLE IX, WATER SHORTAGE EMERGENCIES, OF CHAPTER 19 OF
THE CODE OF ORDINANCES OF THE VILLAGE IMPLEMENTING A
WATER AND IRRIGATION CONSERVATION POLICY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
• be placed on first reading and read by title alone. Vice Mayor Valente seconded the
motion, and all present voted aye.
APPOINTMENT TO CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
POSTPONED
Ballots cast for an appointment to the Construction Board of Adjustment and Appeals
resulted in a tie. By consensus, the Council agreed to postpone further balloting until a
full Council is present.
RESOLUTION 61-96 ADOPTED - APPO_ INTING MEMBERS TO THE COUNTRY CLUB
ADMINISTRATIVE BOARD
By written ballot, copies of which are attached to the official Minutes of Record, the
Village Council appointed Arnold Hess, Len Pellegren, Mary Lou Stant, and Deborah
Svec to the Country Club Administrative Board. By consensus, the Council agreed that
Deborah Svec would serve as Pool Representative. Thereafter, the names of the
appointees were entered into Resolution 61-96.
Vice Mayor Valente moved that Resolution 61-96 entitled:
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Minutes of Regular Session
• Held Thursday, September 26, 1996
A RESOLUTION OF THE VILLAGE COUNCIL OF-NORTH PALM BEACH,
FLORIDA, APPOINTING MEMBERS TO THE COUNTRY CLUB
ADMINISTRATIVE BOARD
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
RESOLUTION 62-96 ADOPTED -APPROVING CHANGE ORDER FOR F.I.N.D.
PROJECT
Vice Mayor Valente moved that Resolution 62-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERK TO ENTER INTO A CHANGE ORDER
ATTACHED AS EXHIBIT "A" TO THE VILLAGE CONTRACT FOR THE
SHORELINE PROTECTION PROJECT, WHICH CHANGE ORDER ADDS
CONSTRUCTION OF APPROXIMATELY 100 FEET OF RIP-RAP ALONG
• THE SHORELINE AND INCREASES THE TOTAL CONTRACT PRICE
FROM $244,596.00 TO $370,514.61; AND, PROVIDING FOR AN
EFFECTIVE DATE
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
HIRING FREEZE LIFTED FOR SANITATION COLLECTOR POSITION
Vice Mayor Valente moved to lift the hiring freeze on a Sanitation Department Collector
position (job code #7020-0110) in the Public Services Department; reference position
audit and needs assessment submitted in accordance with the hiring freeze policy.
Councilman Vastola seconded the motion, and all present voted aye.
EMPLOYEE HOLIDAY SCHEDULE FOR FY 1996-97 APPROVED
Councilman O'Meilia moved that the proposed departmental holiday schedule for Village
employees for Fiscal Year 1996-97 be approved. Councilman Vastola seconded the
motion, and all present voted aye.
BUDGET TRANSFER APPROVED FOR 911 SERVICE AGREEMENT
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Minutes of Regular Session
Held Thursday, September 26, 1996
Vice Mayor Valente moved to approve a budget transfer from various A5711 accounts
in the amount of $6,212.00 to A5711-34650 (R&M Machinery & Equipment) for the
purpose of funding the service agreement for the Motorola 911 system. Councilman
Vastola seconded the motion. The motion passed 3-1, with Vice Mayor Valente,
Councilman Vastola and Mayor Marks voting aye, and Councilman O'Meilia voting nay.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
8:20 p.m.
a ~~.
athleen F. Kelly, CMC, Villa Clerk
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FORM E~3 • ~AEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME- FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE
V. A. Marks, M. D. Village Council
MAILING ADDRESS THE BOARD, COUNCIL,COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH 1 SERVE IS A UNIT OF. -
501 U. S. Hwy. One Palm Beach L'I CCtY ^ COUIPIY ^ OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
North Palm Beach FL North Palm Beach Village Council
DATE ON WHICH VOTE OCCURRED M Y POSLTION IS:
9/26/96 do ELECTIVE ^ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. [t applies equally to members of advisory and non-advisory bodies who ate presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, ptease pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the_special gain of a principal (other than a government agency) by-whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); [o [he special private gain of a relative; or to the special
private gain bf a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and
officers of ivdependen[ special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that rapacity.
For purposes of [his law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in-
law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, join[ venturer, coowner of property, or corporate shareholder (where [he shares of the
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose [he confict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording [he minutes of the meeting, who should incorporate [he form in the minutes. - -
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwia; may participate in these matters. However,
you must disclose the nature of the conflict before making any attempt [o influence the decision,-whether orally or in writing and
whether made by you or at your direction. - _ -
[FYOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BETAKEN:
• You must complete and file [his form (before making any attempt to itifluence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at [he next meeting after Lhe form is filed.
[F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT 7'I~E 1~EETING:
You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within IS days after [he vote occurs with the person responsible for recording the minutes of
the meeting, who must incorporate the form in [he minutes. A copy of the form must be provided immediately to the other
members of the agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I V. A. Marks ,hcrebydisclosethatonSeptember 26, 1996 19 _:
(a) A measure came or will come before my agency which (check one)
X inured to my special private gain;
inured to [he special gain of my business associate,
- inured to the special gain of my relative,
-inured to the special gain of
whom I am retained; or
inured to the special gain of
is the parent organisation or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature Gf my conflicting interest in the measure is as follows:
~~~~
O~ ~ ,~~_ ~ ~
by
,which
September 30, 1996 1/,~/'/~~-~-7f7-~ , /Jj•(~
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (199(), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 86 - IO-91 - PAGE 2
RK' S ~'ALL~ _ _SFT~EFT
CONSTRUCTION BOARD~F-A~~`I7$`TNfEt~7T & APPEALS
9/26/96
Hullihan, Timothy
Tracy, William
~~-
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BALLOT
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
9 /2 6/9 6
Select 1 name:
Hullihan, Timothy
Tracy, William
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(Signature)
CBA. HAL
BALLOT
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
9/26/95
Select 1 name: ` /
Hullihan, Timothy ( >
Tracy, William
~~~
(Signature)
can. au
BALLOT
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
9/26/96
Select 1 name:
Hullihan, Timothy
Tracy, T4i.11iam ~ ~ `~
~~
(Signature)
C9A.BAL
CONSTRUCTION BOARD
Select 1 name:
Hullihan, Timothy
Tracy, LVilliam
cax. aw
BALLOT
OF ADJUSTMENT AND APPEALS
9/26/96
'x
NOTE: One appointment must be a pool member.
Round 1 Round 2
Hess, Arnold (I)
Pellegren, Len (I) ~~~~
Stan t, Mary Lou
Svec, Deborah - ~~-'~'~ l~
1
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Zimmerman, Robert /
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Round 3
CCAB. BAL
BALLOT
COUNTRY CLUB ADMINISTRATIVE BOARD
9/26/96
Select 4 names:
NOTE: One appointment must be a pool member.
Round 1 Round 2
Hess, Arnold (I)
PelSegren, Len (IJ
Stan t, Mary Lou
Svec, Deborah
Zimmerman, Robert _~
~~~
(Signature)
Round 3
~~.~
BALLOT
COUNTRY CLUB ADMINISTRATIVE BOARD
9/26/96 _
Select 4 names:
NOTE: One appointment must be a pool member.
Round 1
Hess, Arnold (I) X
Pellegren, Len (I) X
Stan t, Mary Lou
Svec; Deborah
Zimmerman,-Robert X
(Signature)
ccas. au
Round 2
Round 3
i
BALLOT
COUNTRY CLUB ADMINISTRATIVE BOARD
9/26/96
Select 4 names:
NOTE: One appointment must be a pool member.
Round 1 Round 2 Round 3 .-
Hess, Arnold (I) x
Pellegren, Len (IJ ~./(`
Scant, Mary Lou ° `
Svec, Deborah
Zimmerman, Robert
ccxe.sAa
BALLOT
COUNTRY CLUB ADMINISTRATIVE BOARD
9/26/96
Select 4 names:
NOTE: One appointment must be a pool member..
Round 1 Round 2
Hess, Arnold (I)
Pellegren, Len (I) . ~/ [ _
Stan t, Mary Lou ~(
Svecr Deborah
Zimmerman, Robert
t~_~
(Signature)
Round 3
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