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04-24-1969 VC REG-M~ _~.: MINUTES OF REGULAR MEETING OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, APRIL 24, 1969; Present: Thomas F. Lewis, Mayor Thomas R. Be~.1, Vice-Mayor Allan V. Everard, Councilman H. Mallory Pxivett, Jr., Councilman Herbert A. Watt, Councilman Herbert L. Gldan, Village Attorney Lawrence J. 12obbins, Village Manager Dolores R. Walker, Village Clerk Mayor Lewis called the Regular Meeting to order at 8:00 p.m. ROLL CALL and asked the Village Clerk to call the roll, all members being present. On motion of Councilman Watt, seconded by Vice-Mayor Be11, ~' all present voting aye, the minutes of Regular Meeting ~ held Thursday, April 10, 1969 were approved as written. U V Mayor Lewis read the following proclamations: Law Day USA - May 1, 1969 Civic Day - May 1, 1969 I The minutes of Special Meeting of Planning and Zoning Advisory Board held Wednesday, April 23, 1969 were tabled until Council's workshop meeting of May 1, 1969. ' The minutes of Board of Governors meeting held Wednesday, April 16, 1969 were tabled until Council`s Regular Meeting of May 8, 1969. ; Mayor Lewis referred to letter from Fred Speaker dated April 23, 1969, addressed to the Mayor and Council, ex- pressing his desire to be reappointed to the~Planning and Zoning Advisory Board. On motion of Councilman Watt, seconded by Vice-Mayor Bell, all present voting aye, proposed Bi11_No. 63 ;entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REGULATING THE SALE TO MINORS dF MODEL GLUES CONTAINING SOLVENTS HAVING THE PRQPERTY OF RELEASING TOXIC VAPORS; PROHIBITING THE~ILLEGAL USE (COMMONLY KNOWN AS "GLUE-SNIFFING") ~OF SAID GLUES BY MINORS AND OTHERS; DEFINING MODEL GLUE; AND PROVIDING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS was placed on second reading and read by title only. On motion of Councilman Watt, seconded by Vice-Mayor Bell ' that Bi11 No. 63 be adopted. Councilman Privett made a motion that the following amendments be made to Bill No. 63: Add the words "and transfer" in the second line of the title following ...regulating the; sale Section 4(a) - Change the words Subsectipn (c) to "Subsections (c) , (d) and (e) . " Section 4(b) - Change the words Subsection (c) to "Subsections (c) , (d) and fie) ." i Add subsection (d) to Section 4 - "Provided, however, a parent or guardian may transfer possession of model glue to his child or ward under 21 years; of age for 4/7.,0/69 MINUTES APPROVED PROCLAMATIONS ON LAW DAY USA & CIVIC DAY 4/23/69 MINUTES OF P & Z AD. BD. SPECIAL MEETING TABLED 4/16/69 MINUTES OF BD. OF GOV. MEETING TABLED LETTER FROM F. SPEAKER RE REAPPOINTMENT TO P & Z AD.BD. BILL N0. 63 PLACED ON 2ND READING & READ BY TITLE ONLY BILL N0. 63 AMENDED ~. ~; Minutes of Regular Meeting held Thursday, April 24, 1969 Page 2 model building or other lawful use." Add subsection (e) to Section ~F - "Provided, however, a person may transfer possession of model glue to a person under 21 years of age in the presence of and with the verbal consent of said minor's parent or guardian for model. building or other lawful use." Motion seconded by Councilman Everard. Village Clerk read Bi11 No. 63, as amended, in full. On motion of Councilman Privets, seconded by;Councilman Everard, all present voting aye, that the amendments as read be included in proposed Bi11 No. 63. On motion of Councilman Watt, seconded by Vice-Mayor Be11, all present voting aye, Bill No. 63 was adopted as amended as Ordinance No. 187-69. i On motion of Councilman Watt, seconded by Councilman Everard, all present voting aye, Bill No. 64.entitled:' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE COUNTRY CLUB GENERAL MANAGER TO ACT IN THE CAPACITY OF PURCHASING AGENT FOR THE NORTH PALM BEACH COUNTRY CLUB FOR ALL PURCHASES UNDER $200.00; AND SETTING FORTH PURCHASING PROCEDURES AT THE NORTH PALM BEACH COUNTRY CLUB wa,s placed on second reading and read by title only. On motion of Councilman Privett, seconded by;Councilman Everard, all present voting aye, that consideration of Bill No. 64 be postponed for two weeks from tonight. On motion of Councilman Privett, seconded by'Councilman Watt, all present voting aye, that proposed Resolution No. 390-69 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE VILLAGE CLERK TO SIGN A DISCLAIMER TO A VILLAGE EASEMENT be postponed for two weeks from tonight. Village Manager read highlights of Village acid North Palm Beach Country Club financial statements for period ending March 31, 1969. These financial statements Wi11 be reviewed by Council at its workshop meeting of May 1,1969. Village Manager advised Council that the Special Trash Bulletin was mailed to each resident of the Village on April 24. i The connection of Golfview Road to McClaren Road was tabled by Council until their workshop meeting of May 1, 1969. AMENDMENTS AS READ INCLUDED IN BILL N0. 63 BILL N0, 63 ADOPTED AS AMENDED AS ORD, NO. 187-69 BILL NO. 64 PLACED ON 2ND READING & READ BY TITLE ONLY CONSIDERATION OF B1ZL ND. 64 POSTPONED FOR 2 WEEKS ,. RES. ND. 390-69 POSTPONED FOR Z WEEKS VILLAGE & NPBCC FINANCIAL STATE- MENTS FOR MAR. 31, 1969 TO BE REVIEWED 5/1/69 SPECIAL TRASH BULLETIN , MAILED 4/24/69 CONNECTION OF GOLFVIEW RD. TO MC CLAREN RD. TABLED u O 11~ C]~ C~ Q Minutes of Regular Meeting held Thursday, April 24, 1969 Page 3 There was a large contingent present at this meeting to voice their complaints about the odor emanating from North Palm Beach Utilities, Inc. and to see what could be done about this situation. I Mayor Lewis read the telegram he had sent tol~Senators Bafalis, Friday and Thomas, Repersentative Dave Clark, and Vince Patton, Florida Air and Water Pollution Control Commission, on this problem. He.also read the letter he had sent to Governor Kirk. In his telegram, '',the Mayor in- formed the Palm Beach County Legislative Delegation that he had contacted Congressman Paul Rogers and ;Senator Ed Gurney seeking federal assistance, since he could not re- ceive any action from the State in a positive manner. He said the problem appears to be the fact that ,the County and_ State Health Departments have a number of codes and regu- lations which have no teeth in them. Congressman Rogers and Senator Gurney advised Mayor Lewis that this entire situation will be investigated by the. Federal Water Pollution Control Administration. Councilman Watt stated that he talked to Congressman Rogers today and Mr. Rogers advised him that he has 'contacted the Federal Water Pollution Control Administration, but has not had a report back from them as yet. He expects one soon, and he will forward any information he receives to us immediately. ~~ The question was raised as to why the Council could not pass an ordinance. to force the utility company to 'do something to correct this problem. Village Attorney Gildan informed the group that the utility company operates under a certificate of convenience and necessity issued by the Public Service Commission of the State of Plorida and that we have no power to exercise any control over the utility company. Also; the State Legislature has refused to give the Village of_North Palm Beach that power which every other community in the state enjoys; namely, the power of eminent domain.', On motion of Vice-Afayor Be11, seconded by Councilman Watt, all present voting aye, that Council authorize the Village • Attorney to investigate the possibility of bringing an injunctive suit against the County and State '.Board of Health to cease.-and desist sewage connection by the;Narth Palm Beach Utility Company until the plant has the capacity to handle same and, if feasible, to proceed with the suit immediately: I I At the request of the citizens; Mayor Lewis will attempt to set up a public hearing with the County Board of Health members, Mr. Vince Patton of the Florida Air and Water Pollution Control Commission, and Mr. Baker of the State Board of Health. CONTINGENT VOICING COMPLAINTS ABOUT ODOR FROM NPB UTILITIES, INC. COUNCIL AUTHOIt- IZES VILLAGE ATTORNEY TO INVESTIGATE POSSIBILITY_OF INJUNCTIVE SUIT AGAINST_ COUNTY & STATE BOARD OF HEALTH PUBLIC HEARING WITH COUNTY & STATE BD. OP HEALTH & VINCE PATTON _' On motion of Councilman Privett, seconded by ',Councilman SALE OF 4.15 Everard, all present voting aye, that we confirm the fact .ACRES OF VILLAGE that the land sale of 4.15 acres north of the country club LAND VOIDED to Mr. L. Ecclestone is voided, and that we keep the $12,500.00 and set up additional plans as to what we might do with the land. There being no further business to come before the. Council, ADJOURNMENT on motion of Vice-Mayor Be11, seconded by Councilman Watt, aI1 present voting aye, the meeting was adjourned at 10:40 p.m. ~~r Minutes recorded by: Dolores R. Walker, Village Clerk