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02-12-1981 VC REG-MML'~TUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, FEBRUP.RY 12, 1981 C 1 ~I Present: V. A. Marks, M. D., Mayor Tom Valente, President Pro-Tem W. H. Brown, Councilman Harriet Nolan, Councilwoman Gary Gerson, Village Attorney Raymond J. Howland, Village Manager Dolores R, l~lalker, Village Clerk Absent: Al Moore, Vice Mayor Mayor Marks called the Regular Session to order at 7:30 p.m. A11 members of the Council were present except Vice Mayor Moore. President Pro Tem Valente gave the invocation and Councilwoman Nolan led the Council and the public in the Pledge of Allegiance to the Flag. The minutes of Regular Session held Thursday, January 22, 1981 stand as prepared. Mayor Marks, an behalf of the Village, presented a Proclamation, proclaiming February 12, 1981 as GEORGE T. DELACORTE, JR. DAY in the Village of North Palm Beach, to Mr. George T. Delacorte, Jr., former owner of Dell Publishing Company and a philanthropist, who graciously decided to make a gift to the Village of North Palm Beach in the amount of-$600,000 for the purpose of creating a Coamimity Center to be owned and operated by the Village, and to be known as the "Valerie Delacorte ~~*n~ty Center." After the Proclamation had been presented to Mr. Delacorte, Steve Yeckes, the architect for the Valerie Delacorte Coennmity Center, presented his plans for both the interior and the ex- terior of the complex. The plans encompass all possible uses of the development which will be geared to recreational and cultural activities for all age groups. He stated that he was interested in receiving input from the residents as well as the Council so that the building will meet everyone`s needs. He also stated that these plans are for the ultimate building, and that we still have 42 acres left for a passive park. ROLL CALL INVOCATION & PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES PRESENTATION OF PROCLAMATION TO MR. DELACORTE PRESENTATION OF PLANS FOR VALERIE DELACORTE C~MIIJNITY CENTER Councilman Brown gave a report on the John D. MacArthur Con- REPORT ON JOHN D. servatian Corporation. He stated he had loped that by this time MAC ARTHUR CONSERVA- he would have had a copy of the minutes of the first meeting of the TION CORP. Board of Directors; however, he had not received them yet so he gave the highlights of the first meeting. He named the members of the Board of Directors of the John D. MacArthur Conservation Corporation. The first order of business in the first meeting, which was held on January 19th, was to organize a Board, anal W. T. Kirby was elected (',ha;rman, the Honorable Frank Foster was elected Vice Chairman and Robert Ewing was elected Secretary- Treasurer. The next order of business was to establish by-laws of the Board of Directors. These were discussed and passed, and a copy is on file in the Village Clerk's office. The next order of business was to establish a treasury for the Board of Directors to operate with. It was the general consensus of the Board that we did not want to use any tax money or any public funds for operation of this Board insofar as possible. However, in order to solicit donations, it becomes necessary to establish the Conservation Corporation as a non-profit corporation. Mr. - Kirby, who is an attorney, volunteered to take on the job of establishing this as a non-profit corporation. One of the main reasons that we felt we would need funds is that the Board will need expert advice from time to time an ecology, and it was also suggested that the Board would like to sponsor various projects such as studies for the University of Florida for means of enhancing the fish breeding capability of the area and such things as that where the Board would need some funds Minutes of Regular Session Held Thursday; February 12, 1981 Page 2 1 1 1 to do this. The following minutes stand as prepared: Regular Meeting of Planning Commission held January 6, 1981 Regular Meeting of North Palm Beach Country Club Advisory Board held January 20, 1981 Regular Meeting of North Palm Beach Code Enforcement Board held February 2, 1981 Regular Meeting of 25th Anniversary Committee held January 20, 1981 Regular Meeting of 25th Anniversary Committee held February 4, 1981 Mrs. Peggy Enders, Chairperson of the 25th Anniversary Committee, appeared before the Village Council to ask for needed funds to help tmderwrite the Village's 25th anniversary celebration cere- monies. She stated definite plans could not be fornttil_ated anal scheduled, or a budget prepared; until the 25th Anniversary Committee is made aware that financial assistance will be provided by the Village. If so, a budget will be submitted to the Village Council as soon as possible for consideration. She stated monies are needed for prizes, trophies, some expenses, etc. She also stated they would have a budget meeting on Feb- ruary 25th and will get the information to Council for the first meeting in March. Concerning the recomnEUdation of the Planning Commission that Section 18-18 and Section 18-34 of the Village Code be amended, Councilman Brown mnved that we have the Village Attorney prepare an amenchnent to the existing ordinance for next workshop (February 26, 1981). The motion was seconded by Councilwoman Nolan and all present voted aye. ACCEPTANCE OF N'ffNUTES REQUEST FOR FUNDS FOR 25TH AnlNIVERSARY CELEBRATION PLANNING COMM. RECON1b1ENDATION ACCEPTID Concerning the recommendation of the Country Club Advisory Board NO COUNCIL ACTION that Council take necessary steps to make other arrangements for NECESSARY FOR such facilities in the interests of the membership and guests, CC AD. BD. the Village Council is already taking action on making other RECOM[~IDATION arrangements for the Club`s dining room and bar; therefore, no Council action is necessary on this recomrendation. Concerning the Country Club Advisory Board's recoun~endation con- CC AD. BD. RECOM- cerning the changes proposed to el~m;nate the possibility of MENDATION PO$TPONID darer to tennis players from flying golf balls, Councilman Brown moved that we postpone consideration of this recommenda- tion until after a decision is made on the placement of several large trees in front of the present ladies tee. The motion was seconded by President Pro Tem Valente and all present voted aye. Concerning the Country Club Advisory Board`s recommendation that CC AD. BD. RECOM- the Village Council consider leasing the driving range to Pete MENDATION ACCEPTID Finlayson, Councilman Brown moved that we consider Pete Finlay- son's offer to lease the driving range (as soon as necessary details can be worked out). The motion was seconded by Council- woman Nolan and all present voted aye. Concerning the rec~pndation of the North Palm Beach Code NPB CODE ENFORCII~ Enforcement Board that the Village Council verify the Board's BD. RECONII~QJDATION right of authority to enforce a specific Code violation, ACCEPTID President Pro Tem Valente rmved that Council will support the Code Enforcement Board's enforcement of Code violation (Sections 6-136(F)4 and 6-119(B)(9). The motion was seconded by Council- man Brown and all present voted aye. Minutes of Regular Session Held Thursday, Febraazy 12, 1981 Page 3 On tmtion of Counci]man Brown, seconded by President Pro Tem BILL 378 PLACID Valente, all present voting aye, Bill No. 378 entitled: ON 1ST READING AN ORDINANCE OF THE ~]TTTA(:F OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET FOR FISCAL YEAR 1980-81 was placed on first reading anal read by title alone. ' On motion of President Fro Tem Valente, seconded by Councilwoman RES. 12-81 Nolan., all present votir~ aye, proposed Resolution No. 12-81 ADOPTID entitled: A RESOLUTION OF THE VTfTAC,F COUNCIL OF NORTH PALM BEACH, FLORIDA, DIRECTING THE VILT.AGE CLERK TO PUBLISH NOTICE OF THE GENERAL ELECTION TO BE HELD ON MARCH 10, 1981; NAMING THE TIME AND PLACE WHERE SUCH ELECTION SHALL BE HELD; APPOINTING THE ELECTION OFFICL9LS FOR THE c;~'nn~ aaT ELECTION AND RUN-OFF ELECTION; DECLARING THE OFFICES TO BE FnT.N.n AT SUCH ELECTION was read in full and adopted as read as Resolution No. 12-81. On motion of Crnmcilman Brown, seconded by President Pro Tem RES. 13-81 Valente, all present voting aye, proposed Resolution No. 13-81 ADOPTID entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORID, ACCEPTING THE BID OF DE BRA TURF & EQUIPMENT COMPANY, FOR ONE JACOBSEN ~rrzrvr:Fx REEL MOWER, MODEL 67701, IN THE At~UNT OF $5,995.00, FROM ACCOUNT N0. 622-572-64.10 (NB~JING EQUIPMENT) ' was read in full and adopted as read as Resolution No. 13-81. Councilman Brown moved that we direct our Village Attorney to NATION 1b ROLL take whatever steps are necessary including, if necessary, revoking BACK BULK RATE - the franchise with Perry Cable TV in order to roll back the bulk PERRY CABLE TV - TO rate, which is the rate paid by condominium owners, to 25% over the 25% OVER RATE rate existing in October, 1979, and require Perry Cable to rebate EXISTING IN OCT. all moxiies they collected from users in excess of that amnmt. 1979 The motion was seconded by President Pro Tem Valente for dis- cussion. After the above motion was made, a lengthy discussion ensued. DISCUSSION RE Councilman. Brown stated that Council approved, at their PERRY CABLE October 9, 1981 regular session, a 25% across the board in- crease for Perry Cable. He stated that as far as he knew, Council was unaware at that time that in their list of existing rates, they had listed bulk primary rates as $4.50 when they were in fact only $3.50. He stated he was sure it was the intent of Council that the 25% across the board increase would apply to the existing rate anal not the error which was supplied us by Perry Cable. He stated that as soon as the new bills came out in early December for the tenth of November, he was contacted by numerous people, including his own condominium, because the rate bad gone up 61% rather than the 25% which bad been approved by Council. Fie also read the letter from John H. Perry, III, President of Perry Cable TV, dated February 11, 1981, addressed to Mr. Ray Howland, Village Manager. A copy of this letter is attached to the minutes of this meeting. President Pro Tem Valente stated that Perry Cable had been. granted the 25% increase with the understanding that their service was going to be better. The service had not gotten better -- if anything it bas deteriorated from where it was at that point. r , Minutes of Regular Session Held Thursday, February 12,.1981 Page 4 David Shobe, Tampa Attorney, the legal representative of Perry Cable, issued a formal objection to the proceedings saying that his client first heard of the misunderstanding by reading about it in the newspaper. However, a letter was written to Mr. John Perry, by Mr. Raymond J. Howland, Village Manager, on February 4, 1981 explaining the problem, and prior to that the Village Manager had contacted Perry Cable personnel and informed them of the dis- ' crepancy. Gery Gerson, Village Attorney, infox~d the Cotmcil that if the motion is passed, what we would do, as Village Attorneys, would be write a letter to Perry Cable, putting them on 30 days' notice to cease and desist, and he stated he pressed during that time we (Village Attorneys) could also have discussions with Perry Cable's counsel to rectify the matter. Thereafter Cotmcil voted on the motion which passed 4-0. Councilman Brown moved that we authorize the Village Manager to sign a contract with Brabham, Kuhns and Debay Engineers to study the North Palm Beach Cotmtry Club building in accordance with the proposal submitted (copy of which is attached to the minutes of this meeting). Mayor Marks passed the gavel to President Pro Tem Valente and seconded the untion. The motion passed 3-1, with Councilwoman Nolan opposed. President Pro Tem returned the gavel to Mayor Marks. President Pro Tem Valente moved that we authorize the Village Manager to sign a contract with, the Palm Beach Design Group, ' Inc. for the design of the addition and specification and bid documents in the lump s~ amotmt of $2,800. The motion was seconded by Councilwoman and passed 4-0. There being no further business to come before the Council, on motion of Councilwoman Nolan., seconded by President Pro Tem Valente, all present voting aye, the meeting was adjourned at 9:12 p.m. Minutes recorded by: lores R. W~~~CMC ~ Village Clerk DISCUSSION RE PERRY CABLE III MOTION PASSID 4-0 MANAGER AUTHORIZID TO SIGN CONTRACT WLTH BRABHAM, KUHNS & DEBAY MANAGER AUTHORIZED TO SIGN CONTRACT WITH PALM BEACH DESIGN GROUP, INC. ADJOUIT February 11, 1981 Mr. Ray Howland Village Manager Village of North Palm Beach Village Hall 419 US No. 1 North Palm Beach, FL 33408 Dear Mr. Howland: ~~ tf~i~LE TV Thank you for your letter of February 4th which arrived on Monday, February 9. I have read it as well as the two newspaper articles covering the increase in bulk rates. At thz present time I am researching the problem and expect to have_ gathered the facts by Monday, February 16th. I would reply to you sooner, however, I am out of town on business from this afternoon until late Sunday night. I trust that a Monday reply will be satisfactory to you-and that the members of the Council will permit the accused to-exercise his rights of speaking in his own defense, among others, before making any decisions. After replying to you, I presume you plan to schedule this agenda item for a Village meeting. Sincerely, PERRY CABLE TV CORP. John H. Perry, III President JHPIII:rs ;.~ Vii. - _ ^~ ,~4,• - '>~ ~" :; ~, J ~' R- V ~ ~ ~ 4 ~~2. ~' ~ . c< _ ((~ f>~tifi§~ C4a~'3l£ TV 100 E. 17TH STREET, RIVIERA BEACH, FL 33404. (305) 842-5261 brabham -k~hns debay o ~a~o,aeo~ consu~cing engineers James L. pa~ay, P. ~, P~ar;deni L..;. C. B..bbom. P. ~. V;~. Pr..;d.,,a - S.~..~,y I-I=W>,d K~6... P. ~. Ra~Qid /$~. BQ;~,y, P. E. j-\SSO CIQ fB 2725 n. austra~ian avenue February 6, 1981 City of North Palm Beach Public Glorks Department 645 Prosperity Farms Road North Palm Beach, FL 33408 west pa~m 6eac~ f ~oriAa 33407 305-832,5579 Attention: Mr, C. R. O'hielia Director of Public Works Re: Study Report On Existing Building For Necessary Sprinkler System and NVAC Modifications Gentlemen: In response to your request, our firm would be pleased to provide a preliminary engineering study report on the above- reFerenced project. We Lrould provide you with the follouri ng: - Cost estimate and typical routing of a sprinkler system including all necessary components. - Cost estimate for a smoke detector system in the existing attic. - Cost estimate and necessary work requirements for modifications and alterations to the existing NVAC system in the interest of better control and energy conservation. - Feasibility study on the use of air conditioning heat byproduct for domestic and/or pool water heating. City of North Palm Beach ' Public 4lorks Department Attn: N1r. C, R. O'Melia ` February b, 1981 - Page Two . . Our fee for this service will be at an hourly billing of 2 75 X Direct Payroll Expense (an average of approximately X35,00 hour), not to exceed a total of a~1500.00. ~ per ' !de appreciate this opportunity to be of service and look forward to working with you on this project. Very truly yours, BRABHAM, KUHNS, DEBAY !. ,. > __ ' Lewis C. Brabham, P. E_/ ~ 7cb:c1 ACCEPTED: CITY OF NORTH PALP~' U BY: ////~1`{~~~ n DATE: ~ ~,,. it ~+~ ~v n Of71 kuhns c~abay .~..,.., consulting engmosrr ~7Z5 n• austra~ian aven~~ ~.est pc~m 6aacti }lot•ido