06-10-1976 VC REG-M MINUTES OF REGULAR MEETING
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD
THURSDAY, JUNE 10, 1976
' Present: Ronald L. Heraty, Mayor
Mervin H. McIntyre, Vice-Mayor
V. A. Marks, President Pro Tem
M. C. Love, Jr., Councilman
Alvin C. Moore, Councilman
Herbert L. Gildan, Village Attorney
Jerome P. Nolan, Acting Village Manager
Dolores R. Walker, Village Clerk
Mayor Heraty called the Regular Meeting to order at ROLL CALL
7:35 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 Councilman APPROVAL OF
Love, all present voting aye, the following minutes MINUTES
were approved as written:
Minutes of Special Meeting held May 25, 1976
Minutes of Regular Meeting held May 27, 1976
Minutes of Special Meeting held June 2, 1976
' Mayor Heraty read proclamation on T'Time to Honor PROCLAMATION -
America" - June 14 through July 4, 1976. "TIME TO HONOR
AMERICA'S
Mr. Don Shephard, Consulting Engineer for Palm Beach DISCUSSION
Utilities, Inc., and Mr. Dick Bertsche, Operations CONCERNING
Manager for the utility company, appeared before PALM BEACH
the Council to discuss the moratorium on sewage COUNTY UTILITIES,
imposed in May 1976 on North Palm Beach, Lake Park INC._
and adjacent unincorporated areas of Palm Beach
County, the odor problem and the £act that the utility
company is operating without a valid permit.
Mr. Shephard stated that the permit request should be
acted upon by the Department of Environmental Regula-
tion within the next month, and that with the issuance
of the new permit for the plant,_the "no-connect"
moratorium which was imposed May 1 by the County
Health Department will be lifted.
He also stated that the utility was trying to evaluate
where the problem lies concerning the emission of
the foul odor which Village residents have been com-
plaining about. Mr. Shephard asked the Council to
' give them a little more Time. He said they have their
time frames and are doing their experiments.
Mr. Shephard told the Council that he was unsure when
the North Palm Beach plant will be phased out and
the sewage sent to the new regional plant in Palm Beach
Gardens. He said the utility company is under a federal
mandate to cease discharge to surface waters by 1985.
However; he said the utility company has taken a "wait
and see attitudeT' since the federal government may
extend the date to 1987.
Minutes of Regular Meeting
Held Thursday, June 10, 1976
Page 2
Mrs. Roy Athey, 643 Pilot Road, appeared before the Council.
requesting that she be allowed to continue to teach diving --
instructions in the back yard of her home.
After considerable discussion concerning this matter, MOTION TO CON-
, Vice Mayor McIntyre moved that we consider calling a SIDER CALLING
Public Hearing and set a specific meeting for the A PUBLIC HEARING
purpose of reviewing the facts and hearing from all & SET A SPECIFIC
parties involved. The motion was seconded by Councilman MEETING RE MRS,
Marks. ATHEY'S REQUEST
Councilman Moore moved that the motion be amended as MOTION AMENDED
follows: that we have a special meeting on June
29, 1976 at 7:30 p.m. The motion was seconded by
Councilman Love and passed 4 to 1, with Mayor Heraty
opposed. -
Thereafter Council voted on the main motion which passed MAIN MOTION
4 to 1, with Mayor Heraty opposed. PASSED 4 TO 1
On motion of Councilman Moore, seconded by Councilman ACCEPTANCE OF
Love, all present voting aye, the following minutes MINUTES
were accepted by the Council:
Minutes of Bicentennial Committee Meeting held
May 20, 1976
Minutes of Special Meeting of Community Appearance
Board held May 25, 1976
Minutes of North Palm Beach Tennis Advisory Board
Meeting held June 1, 1976
On motion of Vice Mayor McIntyre, seconded by Councilman BILL 24.7
Moore, all present voting aye, Bill No. 247 entitled: PLACED ON 2ND
READING
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING CHAPTER 4 OF THE VILLAGE OF
NORTH PALM BEACH CODE TO CONFORM TO THE PALM BEACH
COUNTY ANIMAL CONTROL ORDINANCES
was placed on second reading and read by title. alone.
On motion of Vice Mayor McIntyre, seconded by Council- BILL 247 ADOPTED
man Moore, all present voting aye, Bi]1 No. 247 was AS ORD. 10-76
adopted as Ordinance No. 10-76.
On motion of Councilman Marks, seconded by Vice Mayor BILL 248 PLACED
McIntyre, all present voting aye, Bill No. 248 entitled: ON 2ND READING
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING THE NORTH PAIM BEACH BUDGET
FOR FISCAL YEAR 1975-76 BY TRANSFERRING FUNDS
FROr`i ACCOUNT N0. 11-402, CAPITAL EQUIPMENT,
' TO ACCOUNT N0. 12-110, PERSONNEL, IN THE AMOUNT
OF $1,500.00
was placed on second reading-and read by title alone.
Minutes of Regular Meeting
Held Thursday, June 10, 1976
Page 3
On motion o£ Councilman Marks, seconded by Vice Mayor BILL 248 ADOPTED
McIntyre - 4 to 1, with Councilman Moore opposed - AS ORD. ll-76
Bill No. 248 was adopted as Ordinance No. 11-76.
On motion of Councilman Marks, seconded by Councilman BILL 249
' Love, all present voting aye, Bill No. 249 entitled: PLACED ON
1ST READING
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET
FOR FISCAL YEAR 1975-76 BY TRANSFERRING FUNDS
FRCN1 ACCOUNT NO. 40-500, RESERVE ACCOUNT, TO
ACCOUNT NO. 31-406, CAPITAL OUTLAY, IN THE
AMOUNT OF $894.00
was placed on first reading and read by title alone.
On motion of Councilman Love, seconded by Councilman BILL 250
Marks, all present voting aye, Bill No. 250 entitled: PLACED ON
1ST READING
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET
FOR FISCAL YEAR 1975-76 BY TRANSFERRING FUNDS
FROM ACCOUNT N0. 40-500, RESERVE ACCOUNT, TO
ACCOUNT NO. 32-207, PLUMBING, HEATING & AIR
CONDITIONING, IN THE AMOUNT OF $1,000.00
was placed on first reading and read by title alone.
On motion o£ Councilman Marks, seconded by Vice Mayor BIS,L 251
McIntyre, all present voting aye, Bill No. 251 PLACED ON
' entitled: 1ST READING
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING CHAPTER 45-32(A)(7) OF THE VILLAGE
OF NORTH PALM BEACH CODE BY PERMITTING PERSONS TO LIVE
ABOARD BOATS IN WET STORAGE C~MIERCTAT• MARINAS UNDER _
CERTAIN CONDITIONS, INCLUDING LIMITATION TO NOT MORE
THAN TEN PERCENT OF IlOCK SPACES BEING OCCUPIED FOR
MORE THAN EIGHT MONTHS IN ANY TWELVE MONTH PERIOD,
REQUIRING MARINA OWNERS/OPERATORS TO HAVE CURRENT ---
LISTS OF PERSONS LIVING ABOARD BOATS IN MARINAS,
REQUIRING COMPLIANCE WITH SEWAGE DISPOSAL SAFEGUARDS,
AND SETTING FORTH OTHER REGULATIONS
was placed on First reading and read by title alone.
On motion of Councilman Moore, seconded by Vice Mayor RES. 43-76
McIntyre, all present voting aye, proposed Resolution ADOPTED
No. 43-76 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, REPEALING RESOLUTION N0. 184,
WHICH CREATED THE BEAUTIFICATION COMMITTEE-OF THE
VILLAGE OF NORTH PALM BEACH
was read in full and adopted as read as Resolution No.
43-76.
On motion of Vice Mayor McIntyre, seconded by Councilman RES. 44-76
Marks, all present voting aye, proposed Resolution No. ADOPTED
44-76 entitled:
Minutes of Regular Meeting
Held Thursday, June 10, 1976 _
Page 4
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERK TO SIGN A LIBRARY CONSTRUCTION
GRANT AGREEMENT BETWEEN THE VILLAGE OF NORTH PAI~'I BEACH
AND THE DEPARTMENT OF STATE, STATE OF FLORIDA, DIVISION
OF LIBRARY SERVICES
was read in full and adopted as read as Resolution No. 44-76.
Ori motion of Councilman Love, seconded by Councilman RES. 45-76
Moore, all present voting aye, proposed Resolution No. ADOPTED
45-76 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, APPOINTING ALAN BERNSTEIN JUDGE
AD LITEM OF THE MUNICIPAL COURT OF THE VILLAGE OF
NORTH PALM BEACH
was read in full and adopted as read as Resolution No.
45-76.
Councilman Love moved that the following proposed MOTION TO ADOPT
Resolution be adopted as read: PROPOSED RES.
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH
PALM BEACH, FLORIDA, SETTING FORTH THOSE PERSONS "-
WHO SHALL SIGN AND COUNTERSIGN CHECKS DR WITHDRAWAL
ORDERS ON ALL DEPOSITORIES OF FUNDS OF THE VILLAGE
OF NORTH PALM BEACH
' The motion was seconded by Vice Mayor McIntyre.
Councilman-Love moved to table the above proposed PROPOSED RES.
Resolution until Council s Regular Meeting of TAB_LE_D__
Thursday, June 24, 1976. The motion was seconded
by Councilman Moore and passed 3 to 2, with Vice
Mayor McIntyre and Councilman Marks opposed.
The meeting was recessed at 9:20 p.m. and was re- RECESS --
convened at 9:25 p.m.
Vice Mayor McIntyre moved that proposed Resolution MOTION TO ADOPT
No. 46-76 entitled: PROPOSED RES.
46-76
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE BID OF BIOCOM/GENERAL
ELECTRIC FOR TELEMETRY BASE STATION, FIELD UNIT AND
ACCESSORY EQUIPMENT. IN_THE AMOUNT OF $33,723.60
FROM ACCOUNT NUMBERS 12-401 AND 12-408_
be adopted as read. The motion was seconded by Council-
man Moore.
Councilman Love moved to amend proposed Resolution No.
' ~F6-76 (Section 1) as follows: contingent upon authori-
zation of the Governor's Highway Safety Commission of
the State of Florida for 70/30 matching funds. The
motion was seconded by Councilman Marks and passed
unanimously.
Thereafter Council voted on the main motion which RES. 46-76 _
passed unanimously. Therefore, proposed Resolution ADOPTED AS
No. 46-76 was adopted as amended as Resolution No. AMENDED
46-76.
-. ~ -~-~
Minutes of Regular Meeting
Held Thursday, June 10, 1.976
Page 5 - _ -
On motion of Councilman Love, seconded by Vice Mayor RES. 47-76
McIntyre, all present voting aye, proposed Resolution ADOPTED
No. 47-76 entitled: - -
' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE BID OF INTERNATIONAL
RESTAURANT SUPPLIES & EQUIPMENT FOR (1) C~'AIERCIAL
ICE MAKER IN THE AMOUNT OF $.1,955.70 FROM ACCOUNT
N0. 902.2 -
was read in full and adopted as read as Resolution No.
47-76,
On motion of Vice Mayor McIntyre, seconded by Councilman RES. 48-76
Moore, all present voting aye, proposed Resolution No. ADOPTED
48-76 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PAIM
BEACH, FLORIDA, ACCEPTING THE BID OF SCOTT INDUSTRIES,
INC, FOR FURNISHING & INSTALLATION OF CONCRETE RUBBLE
FOR RIF RAP WALL - NORTH PALM BEACH COUNTRY CLUB -
IN THE AMOUNT OF $4,500 FROM ACCOUNT N0. 901.08
was read in full and adopted as read as Resolution No.
48- 76 .
Councilman Moore moved that we approve the installation APPROVAL OF
of seven one-inch water meters in the amount of $2,226.00 INSTALLATION OF
to be expended from Account Nos. 14-405.2 (Street Con- WATER METERS
' struction) and 1-171 (Utility Deposits). The motion was
seconded by Councilman Marks and all present voted aye.
Councilman Moore moved that we amend the Village Per- AMENDMENT TO-
sonnel Manual (2.01(g)) to read as follows: "Part- PERSONNEL MANUAL
time Employee - An employee who works less than thirty RE PART-TIME
(30) hours per week or one thousand five hundred and EMPLOYE
sixty (1,560) hours in any twelve month period."
The motion was seconded by Councilman Love and all
present voted aye.
Councilman Moore moved that we approve the emergency APPROVAL OF
purchase to replace circulation pump on the air con- EMERGENCY PURCHASE
ditioning unit at the North Palm Beach Country Club FOR AI8 CONDITION-
in the amount of $765.87 to be expended from Account ING UNIT AT
No. 32-207 (Plumbing, Heating and Air Conditioning) NPBCC
and confirm the action taken by the Village Manager -
for this emergency purchase. The motion was seconded
by Vice Mayor McIntyre and all present voted aye.-
There being no further business to come before the ADJOTJR_N_MENT
Council, on motion of Councilman Moore, seconded
by Councilman Love, all present voting aye, the -
meeting was adjourned at 9:55_p.m,
Minutes recorded by: Dolores R. Walker, Village Cierk
THE PALM BEACH POST
Published Every Weekday
West Palm Beach, Palm Beach Connty, Florida f
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PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared _..._._FZ'871k T~ HaT`tW611
who oa oath says that he is ~1C~V2Y'~1S1Ilg I-.- of The Palm Beach Post, a daily
newspaper published at West Palm Beach in Palm Beach County, Florida; that the attado- - ~
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Affiant further says that the Palm Beach Post is a newspaper published at Wen Palm cx ~
Beach, in said Palm Beach County, Florida, and that said newspaper has heretofore been coznvxY
continueusl ublished in said Palm Beach Coun Flori y _ nnrcES.
y p ry, da, each weekda and has been _--+tx_osnlx E
entered as second class mail matter at the post office in West Palm Beach, in said Palm ~v R~~P I
Beach County, FIorida, for a period of one year neat preceding the first publiption of - e c
the attached rA y of advertisement and affiant further sa that he has neither azd nor a
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promised any person, firm or corporation any discount, rebate, commission or refund for --o~s~
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NOTARY PUBLIC STATE OF FLOAIOA et LARGE
MY COMMISSION EXPIRES TUNE T. IB]9
BONDED BY AMERICAN BANKERS INSURANCE W -