04-08-1976 VC REG-MMINUTES OF REGULAR MEETING
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD
THURSDAY, APRIL 8, 1975
Present: Ronald L. Heraty, Mayor = -
Mervin H. McIntyre, Vice. Mayor
' V. A. Marks, President Pro T,em
M. C. Love, Jr., Councilman
Alvin C. Moore, Councilman
Herbert L. Gildan, Village Attorney
Paul J. Nicoletti, Village-Manager
Dolores R. Walker,. Village Clerk
Mayor Heraty called the Regular Meeting to order at ROLL CALL
7:30 p.m. All members of the Council were present.
Councilman Love gave the invocation and Councilman INVOCATION
Moore led the Council and the public in the pledge of & PLEDGE OF
allegiance to the flag. ALLEGIANCE
On motion of Councilman Marks, seconded by Viee Mayor- APPROVAL OF
McIntyre, all present voting aye, the following minutes MINUTES
were approved as written:
Minutes of Regular Meeting held Thursday, _
March 11, 1976
Minutes of Public Hearing on Bill No. 241 .-
held Thursday, March 25, 1976
' Minutes of Regular Meeting held Thursday,
March 25, 1976
Councilman Love instructed the Village Clerk to COUNCILMAN
include the following statement for the record LOVE'S
in the minutes of this meeting: STATEMENT FOR
THE RECORD
I would like the record to show my reason for
voting against the resolution appointing this
yearTS Council officers. Vice Mayor McIntyre
made the motion to place the Mayor's name on the _
resolution because of his feeling that the title
should be rotated among the Council. As Chairman
of that meeting, I erred in not seeking Council
concurrence with the recommended change in es-
tablished policy prior to continuing the election
process. I would like to see this topic placed on
a future agenda so that it could be adequately
discussed by the Council, previous Councilmen and
the residents before such an T'understanding" is
adopted.
From my check of several north end communities, there
is no rotation agreement in North Palm Beach, Palm
Beach Gardens, Tequesta or West Palm Beach. I feel
that the residents of this Village elect the best
qualified Councilmen to serve -our Village and these
Councilmen should continue this directive from the
residents and elect the most qualified officers
from those elected. This Council often directs the
Mayor to perform tasks that require leadership and all
officials outside of our community look to our Mayor _
as the leader of our Village government. This position
_.~ ^
Minutes of Regular Meeting
Held Thursday, April 8, 1976
Page 2
1
is not just a ceremonial figurehead, and I hope that
Vice Mayor McIntyre's statement will be looked upon
as an excuse for his motion rather than his true belief
that this should be future election policy of the Village
of North Palm Beach. This statement is not sour grapes
on my part, but a real desire to see this Village continue
to elect officers based on their qualifications.
On motion of Councilman-Love, seconded by Councilman ACCEPTANCE
Marks, all present voting aye, the following minutes OF MINUTES
were accepted by the Council:
Minutes of Regular Meeting of Planning and Zoning
Advisory Board held March 10, 1976 `
Minutes of North Palm Beach Library Board Meeting
held March 17, 1976
Minutes of Beautification Committee Meeting held
March 23, 1976
1
1
Minutes of Zoning Board of Adjustment Meeting held
March 23, 1976
Minutes of Country Club Advisory Board Meeting
held March 24, 1976
Concerning the recommendation of the Recreation Ad- REC. AD. BD.
visory Board, contained in the minutes of their RECOMMENDATION
meeting held March 9, 1976, that the Council. make REJECTED
a feasibility study for the renovation of the Sir
Harry Oakes building to house clubs, games, art,
ceramics, etc., Councilman Marks maned that we reject
this recommendation at this time until such time as
we come up with a feasibility study as far as whatrs
coming off and as far as the community center is con-
cerned. The motion was seconded by Councilman Moore
and all present voted aye.
Concerning the recommendation of the Recreation Ad- REC. AD. BD.
visory Board, contained in the minutes of their RECOMMENDATI
meeting held March 9, 1976, that the existing build- REJECTED
ing at Anchorage Park be renovated or a new building
be erected at that site, Councilman Love moved that
we not renovate the existing building at Anchorage _
Park. The motion was seconded by Councilman Marks
and all present voted..aye.
Concerning the recommendation of the Recreation Ad- REC. AD. BD.
visory Board, contained in the minutes of their RECOMIMENDATION
meeting held March 9, 1975, that the Village repo- REJECTED
vale the existing handball courts at Osborne Park,
Councilman Moore moved that we reject this proposal
and place it into the long-range planning for next
year. The motion was seconded by Councilman Love _
and all present voted aye.
Concerning the recommendation of the Recreation Ad- REC. AD. BD.
visory Board, contained in the minutes of their RECOMMENDATION
meeting held March 9, 1976, that the Council make APPROVED
a feasibility study of available land for recreation-
al purposes, Councilman Love moved that we direct
Minutes of Regular Meeting
Held Thursday, April 8, 1976
Page 3
the Village Manager to make a feasibility study of
available land in the area fmr recreational purpos s.
The motion was seconded by Vice Mayor McIntyre and
all present voted aye.
Councilman Marks moved that we place on the April
22, 1976 workshop agenda the erection of a new boil ITEM FOR
- 4/22
76
,
ing or correction of the existing building at Osbor e WORKSHOP
Park. The motion was seconded by Vice Mayor McInty e AGENDA
and all present voted aye.
On motion of Vice Mayor McIntyre, seconded by Counc ' an BILL 245
Marks, all present voting aye, Bill No. 245 entitle PLACED ON
1ST READING
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BE~1C & READ IN
FLORIDA, TRANSFERRING FUNDS FROM ACCOUNTS IN TOTAL
NORTH PALM BEACH BUDGET WHERE THEY ARE NO LONG R
NEEDED INTO A NEW EXPENDITURE ACCOUNT TO PURC SE
ADDITIONAL GASOLINE TANK CAPACITIES; DECLARING AN
EMERGENCY TO EXIST IN THAT ONE OF THE EXISTING
GASOLINE TANKS SPRUNG A LEAK WHICH IS NOT PRES NTLY
REPAIRABLE AND PERMITTING THE PASSAGE OF THIS RDINANCE
ON ONE READING
was placed on first reading and read in total.
On motion of Vice Mayor McIntyre,. seconded by BILL 245.
Councilman Love, all present voting aye, Bill No. ADOPTED AS
245 was adopted as Ordinance No. 6-76. ORD. 6-76
' This ordinance had to be passed on one reading in
that an emergency exists re
uirin
the
h
f REASON FOR
q
g
purc
ase o EMERGENCY
additional gasoline tank capacity for the Village ORDINANCE
of North Palm Beach since a leak in the existing
buried gasoline tank has occurred, causing a sub-
stantial amount of gasoline to be lost and creating
a public safety hazard.
On motion of Vice Mayor McIntyre, seconded by Counc' 1- RES. 19-76
man Moore, all present voting aye, proposed Resoluti on ADOPTED
No. 19-76 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH
PALM BEACH, FLORIDA ACCEPTING THE BID OF GLASG
EQUIPMENT SERVICE, INC. FOR (2) 4,000 GALLON
GASOLINE STORAGE TANKS IN THE AMOUNT OF $3,565
FROM ACCOUNT N0. 14-404
was read in full and adopted as read as Resolution
No. 19-76.
On motion of Vice Mayor McIntyre, seconded by Counci - RES. 20-76
man Marks, all present voting aye,- proposed Resoluti n ADOPTED
No. 20-76 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH P
BEACH, FLORIDA, TO ALL MEMBERS OF THE FLORIDA S ATE
LEGISLATURE STRONGLY OPPOSING THE PUBLISHED PRO OSED
AMENDMENTS TO PART VI, CHAPTER 553, 1974 SUPPLE NT
TO THE FLORIDA STATUTES AND STRONGLY URGING THA
THE LEGISLATURE MAKE CERTAIN AMENDMENTS TO THE AME
was read in full and adopted as read as Resolution N .
20-76.
Minutes of Regular Meeting
Held Thursday, April 8, 1976
Page 4
On motion of Councilman Love, seconded by Councilman
Moore, all present voting aye, proposed Resolution No.
21-76 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE BID OF GENERAL
ELECTRIC - STATE CONTRACT N0. 75-48, COMMODITY N0.
725-52-94-0100 FOR PORTABLE POLICE RADIO IN THE
AMOUNT OF $1,134.00 FROM ACCOUNT N0. 12-408
was read in full and adopted as read as Resolution
No. 21-76.
On motion of Vice Mayor McIntyre, seconded by Council-
man Marks, all present voting aye, proposed Resolution
No. 22-76 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE BID OF MURPHY CON-
STRUCTION COMPANY FOR (1) THREE METER DIVING BOARD
TOWER IN THE AMOUNT OF $6,400.00 FROM ACCOUNT N0.
903
was read in full and adopted as read as Resolution No.
22-76.
Vice Mayor McIntyre moved that proposed Resolution No.
23-76 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH
PALM BEACH, FLORIDA, RESTRICTING AN INDIVIDUAL
FROM SERVING ON MORE THAN ONE ADVISORY BOARD
OR COMMITTEE OF THE VILLAGE OF NORTH PAIM BEACH
be adopted. The motion was seconded by Councilman
Marks.
Councilman Love moved that Resolution No. 23-76
be amended to take effect May 1, 1976. The motion
was seconded by Councilman Marks and all present
voted aye.
Thereafter Council voted on the main motion which
passed unanimously. Therefore, proposed Resolution
No. 23-76 was adopted as amended as Resolution No.
23-76.
Councilman Marks moved that proposed Resolution No.
24-76 entitled:
A RESOLUTION OF THE VILLAGE COUNCIZ OF NORTH
PALM BEACH, FLORIDA, CHANGING THE NAME OF THE
CIVIC CENTER ADVISORY BOARD TO THE COMMUNITY
CENTER ADVISORY BOARD AND CHANGING THE NUMBER
OF MEMBERS OF SAID BOARD FROM FIVE TO SEVEN
be adopted. The motion was seconded by IIieelMayor
McIntyre.
Councilman Love moved that Resolution No. 24-76
be amended to delete the change to seven persons
and leave it at five in both the title and in
Section 1. The motion was seconded by Councilman
Moore and passed 4 to 1, with Councilman Marks
opposed.
RES. 21-76
ADOPTED
RES. 22-76
ADOPTED
MOTION TO
ADOPT-RES.
23-76
RES. 23-76
AMENDED
RES. 23-76
ADOPTED AS
AMENDED
MOTION TO
ADOPT RES.
24-7fi
RES. 24-76
AMENDED
Minutes of Regular Meeting
Held Thursday, April 8,-1976
Page 5
n
1
Thereafter Council voted on the main motion which RES. 24-76
passed unanimously. Therefore, proposed Resolution ADOPTED AS
No. 24-76 was adopted as amended as Resolution No. AMENDED
24-76.
On motion of Councilman Marks, seconded by Councilman RES. 25-76
Love, all present voting aye, proposed Resolution No. _ ADOPTED
25-76 entitled:
A RESOLUTION OF 7.4-TE VILLAGE COUNCIL OF NORTH
PALM BEACH, FLORIDA, ACCEPTING THE BID OF NORTH
PALM BEACH SWIM SHOP FOR (2) 16 FT. MAXIFLEX
DIVING BOARDS AND ACCESSORY EQUIPMENT IN_`THE AMOUNT
OF $1,488.00 FROM ROF ACCOUNT N0. 903
was read in full and adopted as read as Resolution No. --
25-76. -
On motion of Councilman Love, seconded by Councilman RES. 26-76
Moore, all present voting aye, proposed Resolution ADOPTED
No. 26-76 entitled:
RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, INCORPORATING=AMENDMENTS TO THE
CHARTER OF THE VILLAGE OE` NORTH PALM BEACH ADOPTED
BY A MAJORITY OF THE ELECTORS VOTING IN A REFERENDUM
UPON SUCH AMENDMENT AT THE LAST VILLAGE ELECTION
AND DIRECTING THE VILLAGE CLERK TO FILE THE REVISED _ ---
CHARTER WITH THE DEPARTI"iENT OF STATE OF THE STATE OF
FLORIDA
was read in full and adopted as read as Resolution No.
26-76.
Councilman Moore moved that Council approve payment _PAYMENT TO
of invoice from Diversified Utility Services in the DIVERSIFIED
amount of $1,661.90, to be expended from .Account No. UTILITY SER-
OS-500. The motion was seconded by Vice Mayor McIntyre VICES APPROVED
and all present voted aye.
Vice Mayor McIntyre moved that Council submit a list
of capital improvements to the County, including a
priority order for those proposed County capital im-
provement projects to be accomplished witl-iin the
Village, a copy of which list is attached to the
minutes of this meeting. The motion was seconded
by Councilman Marks and all present voted aye.
Councilman Love moved that a donation by the Village
of matching funds in the amount of $300.00-for support
of the North Palm Beach Big League Baseball Team be
made and that the funds be expended from Account No.
OS-500. The motion was seconded by Councilman
Marks and all present voted aye.
Councilman Love moved that we reallocate $17,417
(197~F-75 operating surplus) to the ROF Account.
The motion cvas seconded by Vice Mayor McIntyre
and all present voted aye.
SUBMISSION OF
LIST OF CAPITAL
IMPROVEMENTS
TO COUNTY
$300 DONATION
TO NPB BIG
LEAGUE BASE-
-BALL TEAM
COUNCIL RE-
ALLOCATES
$17,417 TO
ROF
Minutes of Regular Meeting
Held Thursday, April 8, 1976
Page 6
Councilman Marks moved that Council support Resolution COUNCIL
No. 1-76 of the Palm Beach County Municipal League SUPPORTS
requesting enactment of State Legislation prohibiting RES. 1-76
the use of certain disposable beverage containers OF PALM BEACH
and authorize the Mayor to communicate said support COUNTY
to concerned individuals. The motion was seconded by MUNICIPAL
Vice Mayor McIntyre and all present voted aye. LEAGUE
Councilman Marks moved that Council accept the 8% fee _ COUNCIL ACCEPTS
proposal by Anstis-Vass-Ornstein Association, Architects, PROPOSAL BY
for the design and preparation of contract documents for ANSTIS-VASS-
a Bicentennial Bandstand to be located in the south ORNSTEIN
parking lot of the North Palm Beach Country Club, the
funds to be expended from the $10,000 Bicentennial
budget, Account No. OS-500.8. The motion was seconded
by Vice Mayor McIntyre and passed 4 to 1, with Council-
man Moore opposed.
Vice Mayor McIntyre moved that Paul Sokol be nominated. PAUL SOKOL
to the Community Development Citizens Action Committee NOMINATED TO
to replace Robert C. Calhoun who resigned. The motion Cam. DEV._
was seconded by Councilman Moore and all present voted CITIZENS
aye. ACTION COMM.
Councilman Marks moved that Jerome P. Nolan be appoint- J. P. NOLAN
ed Acting Village Manager (Pursuant to Article 1V, APPOINTED
(Sec. 4) of the Village Charter). The motion was second- ACTING VILLAGE
ed by Councilman Moore and passed unanimously. MANAGER
Vice Mayor McIntyre moved that Section 8.11, Unlaw- SEC. 8.11 OF
fu1 Acts and Prohibitions, of the Personnel Regul.a- PERSONNEL
tions of the Village of North Palm Beach be amended REGULATIONS
to permit Village employees to become candidates AMENDED
for all non-Village offices. The motion was second-
ed by Councilman Moore and all present voted aye. --
Councilman Marks moved that we authorize the Mayor MAYOR-AUTHOR-
to execute that certain agreement with the Kiwanis IZED TO EXECUTE
Club of Riviera Beach to use Village owned golf carts, AGREEMENT WITI-I
hold the Village harmless for their use, establishing_ RIV. BCH.
liability and for other purposes. The motion was KIWANIS CLUB
seconded by Councilman Love and passed unanimously.
Councilman Love moved that we direct the Village VILLAGE ATTOR-
Attorney to defend the Village of North Palm Beach_ NEY TO DEFEND
in the Orlando B. Davis vs. Village of North Palm 4"iZLAGE IN
Beach law suit. The motion was seconded by Council- 0. B. DAVIS
man Moore and passed unanimously. VS. VILLAGE
LAW SUIT
There being no further business to come before the ADJOURNMENT
Council, on motion of Councilman Marks, seconded by
Vice Mayor McIntyre, all present voting aye, the
meeting was adjourned at 9:25 p.m.
1 ,~
Minutes recorded by: Dolores R. Walker~ge Clerk
ti ~
Memorandum
~.ACH
TO: Village Manager
FROM: Director Public Services
OATE: March 22, 1976
SUSlECT: Budget request - Palm Beach County Road Cohstruction.
1. Budget requests due to County Engineer prior to 15 April 1976.
2. Recommend the following and this-order of-priority.
A. -,. Prosperity Farms & Lighthouse intersection.
Widen all 4-ways to four lane - and repave intersection 300 feet_
each way. Village to participate in Lighthouse work.
B. Prosperity Farms & Northlake intersection.
Update and fully actuate traffic signals. Widen Prosperity Farms
North and South to 4 lanes.. -- .-
;.
~'( C. Resurface - Prosperity Farms-Road from Northlake Blvd. to RCA - 3-'.
Blvd. ( 13,200 lineal feet - 2 lane road.)
p~(,D. Resurface McLaren Road ( Monet) from U.S. #1 to the Intercoastal
Waterway ( 1620 lineal feet - 2 lane)
a° E.-Four lane Prosperity Farms Road from Northlake Blvd. to PGA Blvd.
( 13,200 lineal feet) Is recommended in Comprehensive Plan.
~0_F. Provide paving and drainage to extend Alamanda Drive North to
connect to road servicing Alamanda Elementary School ( 710 feet)
.~ voo viL~e,~~
.~
C.R. O'Meilia, P.E. --
Director Public Services