01-14-1982 VC REG-M
MIIVUTES OF REGUTAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PATS~I BEACH, FLORIDA
HELD
THURSDAY, JANUARY 14, 1982
Present: V. A. Marks, M.D., Mayor
Tom Valente, Vice Mayor
~]. H. Braan, President Pro Tem
Al N~ore, Cotmcilman.
' Harriet Nolan, CoLa>cilwoman
Herbert L. Gildan, Village Attorney
Raymund J. Howland, Village Manager
Dolores R. Walker, Village Clerk
Mayor Marks called the Regular Sessian to order at 7:30 p.m. ROLL CALL
All members of the Council and staff were present.
President Pro Tem Brown gave the invocation and Vice Mayor INVOCATION &
Valente led the Council and the public in the Pledge of PLEDGE OF
Allegiance to the Flag. ALLEGIANCE
The Minutes of Regular Session held Thursday, December 10, 1981 APPROVAL OF
stand as prepared. MINUTES
Mayor Marks, on behalf of the Village, presented a plaque to PRESENTATION OF
Bill Carson, who accepted it for the entire Fire Division, for PLAQUE -BEST
the "Best Appearing Fire Department" in the Christmas in Dixie APPEARING FIRE
Parade. DEPT.
Mayor Marks, on behalf of the Village, presented awards to wizmers PRESENTATIC~t OF
of the Christmas Decoration Contest who were present to receive AWP.RDS TO WII~IERS
' them. The checks will be mailed to tTiose winners who were not OF CEiRISTMAS DECO
in attendance. TTCN CONTEST
The following minutes stand as prepared: ACCEPTANCE OF
MIN[TPES
Nfinutes of Regular Meeting of Recreation Advisory
Board held November 10, 1981
Minutes of Public Hearing of Planning Comaission held
January 5, 1982
The following minutes stand as corrected:
Minutes of Regular Meeting of Code Enforcement Board
held December 7, 1981
Minutes of Regular Meeting of Code Enforcement Board
held January 4, 1982
Minutes of'Regular Meetis~g of North Palm Beach Cotmtry
Club Advisory Board held December 15, 1981
Minutes of Regular Meeting of Plarn.~ing Comni.ssion held
January 5, 1982
' Concerrii the Country Club Advisory Board's recanmendation MOTIOtV WiTHDRAFIDI
that twenty-five foot lockers be installed, Vice Mayor Valente
moved that we transfer money from the Assessment Account and
from the Building and Grotmds Account to make up a total of
$1,750. The motion was seconded by Cotmcilwoman Nolan for
discussion. Dtffing the discussion, Vice Mayor Valente with-
drew his motion and Councilwoman Nolan. withdrew her second.
Minutes o~ Regular Session
xeld Thursday, January 14, 1982
Page 2
Vice Mayor Valente moved that we authorize the Village Manager VTTTAftF'NMR.
to get three estimates for twenty-five foot lockers for the AUTHORIZID TO
North Palm Beach Cotmtry Clvb. The motion was seconded by GET 3 ESTIMATES
Councilman Moore and passed 4-I, with. President Pro Tem Brawn FOR FOOT LOCKERS
apposed.
On motion of President Pro T~ Brawn, seconded by Councilman PLANNING COMM.
Moore, all present voting aye, Council accepted the receamenda- REC~A7II~IDATION
bons of the PL~*+' ~ C~csion tba.t Section 45-19 (E) and ACCEPTED
Section 45-35 of the Village Code be amended; that Section
45-21 of the Village Code be deleted; and that MacArthur Beach
State Recreation Area be rezoned from R-1 to P-Public.
On motion of Cotimcilman Moore, seconded by President Pro T~ RECQ~IDATI~I OF
Brown -- 3-2, with Vice Mayor Valente and Cotmcilwz Nolan. F'LANLJING C~A4.
opposed -- Council rejected the recommenHAtion of the Planning REIECTID
Ccumission that the project plans for a left turn, southbound
stacking lane at 824 U. S. ~~1 be approved.
On motion of Vice Mayor Valente, seconded by President Pro Ten BILL 389 PLACID
Brown -- 4-1, with Councilman Moore opposed -- Bi11 No. 389 ~I FIRST READING
entitled:
AN ORDINANCE OF THE VIi:rar:~: OF NORTH PATM BEACH, FLORIDA,
AMEPIDING THE VTfT.Af:F CODE BY ADDING SECTION 5.86 WHICH
WOULD PF~MCT THAT VARIANCES MAX BE GRANTID FRfM THE CODE
SECTIONS INVOLVING DOCKS AND WHARFS OF PROPERTIES BORDERING
ON LAKE WORTH WHERE A LITERAL Il~PTEl2PRETATION OF THE 5l'RTar,~
CODE MAY CREATE A HARDSHIP TO CERTAIN WATERFRONT Otid~1ERS
WHOSE PROPII2TY IS UNIQUE AND MAY BE ENTITLID TO A VARIANCE
TO PERPZI.T A DOCK AND WHARF WHICH DOES NOT COMPLY WITH THE
T.T'I'FRAT. LANGUAGE OF THE VILLAGE CODE, AND BY ASSIGNING
' THE POG1EIt TO GRANT VARIANCES TO THE DOCKS AND WHARFS
SECTIONS OF THE VILLAGE CODE TO THE VTLT~GE BOARD OF
AD.lUSTMENT
was placed on first reading and read by title alone.
On motion of President Pro Tem Brown, seconded by Councilwoman BILL 392 PLACED
Nolan, all present voting aye, Bill No. 392 entitled: ~ FIRSP READING
AN ORDINANCE OF THE VTTTAf:F: OF NORTH PALM BEACH, FLORIDA,
AMEC~IDING CHAPTER. 45-19 (E) OF THE VTT7AC:F CODE BY FILING
AUTHORITY FOR THE VILLAGE COUNCIL TO REG[ItATE THE TYPES,
LOCATION AND IE[Q1GTH OF TIlKE OF USES OF BUILDINGS AND LAND
PUBLICLY OWNID AND USID IN THE PERFORMANCE OF A PUBLIC
FUNCTION IN ANY ZONING DISTRICT IN THE VII LACE
was placed on first reading and read by title alone.
On u~tion of Councilwoman Nolan, seconded by President Pro BILL 393 PLACID
Tem Brawn, all present voting aye,. Bill No. 393 entitled: ON FIRST READING
AN ORDINANCE OF THE VILLAGE OF NORTH PAIM BEACH, FLORIDA,
AN~IDING SECTT~l 45-35 OF THE V'R.r~~ CODE BY PANG
USES IN THE P PUBLIC DISTRICT TO BE EKTECIDID TO GOVERN-
NATAL AGIIdCIES OTHER THAN THE VILLAGE GOVERN~~LVT
was placed on first reading and read by title alone.
On motion of President Pro Tem Broom, seconded by Coumcilman BILL 394 PLACID
Moore, all present voting aye, Bill No. 394 entitled: ON FIRST READING
AN ORDINANCE OF THE VILLAGE OF NORTH PAIM BEACH, FLORIDA,
AMENDII~IG CHAPTER 45 OF THE VILL4GE CODE BY REPEALIlVG
SECTION 45-21, OCEANFRONT LAND IN R-1 DISTRICT
was placed. on first reading and read by title alone.
Minutes of Regular Session
Held Thursday, January 14, 1982
Page 3
1
On motion of Councilwoman Nolan, seconded by Vice Mayor Valente, RES. 1-82
all present voting aye, proposed Resolution No. 1-82 entitled: ADOPTID
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF G. E. METCATF' & COMPANY,
NEW PORT RICHY, FOR CLAY FOR THE BALL FIELDS IDI THE
AMOUNT OF $2,325.00 FRCPi ACCOUNT N0. 36-572-52.24
(CLAY/SHEZL/TOPSOIL)
was read in full and adopted as read as Resolution No. 1-82.
On motion of Vice Mayor Valente, seconded by Councilwoman RES. 2-82
Nolan, all present voting aye, proposed Resolution No. 2-82 ADOPTED
entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PATM BEACH,
FLORIDA, ACCEPTING THE BID OF DE BRA TURF & EQUIPNffi~7T
FOR A GftEINSMOWER FOR NORTH PALM BEP,CH COUNTRY CLUB
IN THE AMOUNT OF $8,295.00 FROM ACCOUNT N0. 62.2-
572-64.11
was read in full and adopted as read as Resolution No. 2-82.
Oii motion of Vice Mayor Valente, seconded. by President Pro RES. 3-82
Tem Browxu, all present voting aye, proposed Resolution No. ADOPTED
3-82 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PAlS~I BEACH,
FLORIDA, AWARDING BIDS TO VARIOUS VENDORS FOR RENOVATIONS
TO THE NORTH PALM BEACH COUNTRY CLUB CLUffiiOUSE IN THE TOTAL
AMOUNT OF $65,644.20 TO BE EXPENDID FROM VARIOUS ACCOUNTS
1
1
was read in full and adopted as read as Resolution No. 3-82.
Coincilman Moore moved that we take money from Council Contingency TII~IE CAPSULE
to bury the Time Capsule in the center of the. sidewalk in front TO BE BURIED
of the Library. The urotion was seconded by President Pro Tem IN SIDEWALK AT
Brown and all present voted aye. LIBRARY
Councilwoman Nolan moved that the Public Safety Department
be able to spend the grant of $11,646.83 from the State
for crime control, and that no money sha11 be expended for
the office until plans are approved by the Village Council,
as well as a negotiated amendment to the PBA contract. The
motion was seconded by President Pro Tem Brown. Dtirin~ the
discussicn, Councilwomanu Nolan withdrew her motion and Pres-
ident Pro Tem Brawn withdrew his second.
President Pro Tem Brown moved that we support the reco~nda-
tian of Richard Kelton in his letter of December 11, 1981,
copy of which is attached to the munutes of this meeting,
to the attorneys of the four mnnic%palities and seek to
prevent dual taxation of Village residents for the Palm
Beach County Transportation Trust Fund; and agree to par-
ticipate in the Road and Bridge. Tax Study, the appropriate
fees to be paid out of Account No. 15-514-31.11. The
motion was seconded by Vice Mayor Valente and all present
voted aye.
There being no further business to cow before the Council,
on moticn of Vice Mayor Valente, seconded by Councilwoman
Nolan, all present voting aye, the meeting was adjourned
at 9:45 p.m.
`~~~- e ~ e
Minutes recorded by: Dolores R. L7alker, Q~IC ~
Village Clerk
MOTION WCTHDRA43~I
COUNCIL SUPPORT
OF RICFIARD KELTON'S
ADJOUf2I~iENT
~a~/rs - C'OLQ.~G~/L
..
~ - _ BEDELL, BEDELL, D
ITTMAR
& Z£H NfER - - --_
RO FESSIONAL ASSO CIAT IO
ATTO RNE AT L
d
/P
.
C +fAR R15 DITTMAR Cf1 ESTER 9cp ELL .
ODOa-19 BI)
E. EARLE ZEHMER
JOHN A. pcVAULT, $ NATHAN BEDELL
CHARLES P. PILLAN S. ~ - RETIREp _ _
WILLIAM G. GENTRY
PETER O. nEBSTER -
130D 9ARNETT BANK HUILpINt.
MARY K. PHILLIPS ,.IAO KSONVILLE, FLORIDA 32202°3856 -
C. WARREN TRIP P. JR.
- - - -
TELEPHONE (9Ca) 303-0211
w ILLIAM R. OORS EY~JR.
MICHAEL O. nMALEN -
~ (gyp
-- DeCemDer 11, 1J01
HAREN K. COLE -
C. RU:U3 PEN NINOTO N~ ~ - ---
W. Peter Burns, Esquire Paul M. Sullivan, Jr., Esquire
205 [forth Avenue Suite 816 Forum III
Palm Beach, Florida 33480 1655 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
bt. A. Galbraith, Jr_, Esquire
City Attorney Carl V. M. Coffin, Esquires
City of Boca Raton City Attorney
201 W. Pas.metto Park Road Fost Office Box 336b
Boca Raton, Florida 33432 West Palm Beach, Florida 33402
Re: Dual Tax Case/Keltan Study of
Palm Beach Cou-ity Transportation
Trust Fund
Gentlemen:
I have now had an opportunity to review Dick Kelton's
excellent analysis of the Palm Beach County Transportation
Trust Fund and the various statutes and court decisions he
has cited. It seems to me that he has established a good
basis upon which we could contend that the County has un-
lawfully shifted funds in an attempt to reduce the ad valorem
tax rebate to the municipalities in violation of the pro-
visions o£ FIa.Stat. § 33b.95(2).
In view of the Manatee County decision, I think it
unlikely that we could recover any funds from past tax
years. However, I believe we would have a good shotyat
It would seem to me that such an action would be par-
ticularly timely inasmuch as Z believe the evidence will
show the budget for the current fiscal year was substantially
,~' ~ -
td. Peter Burns ,. Esquire
M. A. Galbraith, Jr., Esquire
Paul b?. Sullivan, Jr., Esquire
Carl V: bf. Coffin, Esquire - ,
December 11, 1981
Page Two
altered as a direct result of our success in the dual tax
case. In view of that, I believe we could make a very con-
vincing argument that. the County ought not to be permitted
to penalize our municioalities (and the others who were not
a party to the suit), because coe successfully-exercised.
rights provided by the Legislature and by the Constitution.
I would suggest that after ycu have had an opportunity
to meet with the appropriate persons in your municipal
governments, ~•7e get together and discuss how we should pro-
ceed. I believe we Nava all seen the ber_efit of coordinated
effort, so Let's plan to get together and-thrash out strategy
before-any direct contacts are made to the County. I shall
look forward to hearing your thoughts_
tJith best regards, I am
Sincerely yours,
JAD:kjk
cc: Mr. Richard Kelton
2.3~~ S 6
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