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03-11-1976 VC REG-MMINUTES OF REGULAR MEETING OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLQRIDA HELD THURSDAY, MARCH 11, 1976 1 Present: M. C. Love, Jr., Mayor Ronald L. Heraty, Vice-Mayor William A. Greeley, Councilman Dr. V. A. Marks, Councilman Mervin H. McIntyre, Councilman Herbert L. Gildan, Village Attorney Paul J. Nicoletti, Village Manager Dolores R. Walker, Village Clerk 1 1 Mayor Love called the Regular Meeting to order at 8:05 ROLL CALL p.m. All members of the Council were present. Councilman Greeley gave the invocation and Councilman INVOCATION & Marks led the Council and the public in the pledge of PLEDGE OF allegiance to the flag.- ALLEGIANCE On motion of Councilman McIntyre, seconded by Vice Mayor APPROVAL OF Heraty, all present voting aye, the minutes of Public MINUTES Hearing on Bill No. 238 held Thursday, February 26, 1976 were approved as written, On motion of Councilman Marks, seconded by Vice Mayor Heraty, all present voting aye, the minutes of Regular Meeting held Thursday, February 26, 1976 were approved as written. Mr. Mike Cirullo, a member of the Village Recreation_ CONTRIBUTION- Board, appeared before the Council requesting that a con- TO NPB GOLDEN tribution be made in the amount of $2,120 to sponsor the BEARS SOCCER North Palm Beach Golden Bears soccer team and asked that TEAM this be placed on the agenda for tonight's meeting. Councilman Marks moved that this item be placed on ITEM PLACED tonight~s workshop agenda. The motion was seconded ON TONIGHT'S- by Councilman McIntyre and all present voted aye. WORKSHOP Councilman McIntyre moved that the Council direct the COUNCIL Planning and Zoning Advisory Board to make an investi- DIRECTS P & gation concerning amending the Village Code to allow Z AD. BD. certain aids for handicapped people within the residential TO MAKE IN- areas of the Village and come back to the Council with VESTIGATION a recommendation. The motion was seconded by Councilman RE AIDS FOR Greeley and all present voted aye. .HANDICAPPED IN RESIDENTIAL AREAS John Busby, Commander, American Legion Post No. 268, AMERICAN LEGION Riviera Beach, Florida, presented the Policeman of the ,AWARDS PRESEN- Year award to Detective Sergeant William L. Santo. TED TO PUBLIC Director of Public Safety, Richard P. Wille, accepted SAFETY DEPT. a Bicentennial plaque for long and outstanding service to the community from Commander Busby. This plaque was accepted on behalf of the entire Public Safety Department. On motion of Councilman McIntyre, seconded by Councilman ACCEPTANCE Marks, all present voting aye, the following minutes OF MINUTES were accepted by the Council: Minutes of Regular Meeting Held Thursday, March ll, 1976 Page 2 1 1 Minutes of Regular Meeting of Country Club Advisory Board held February 18, 1976 -- Minutes of Bicentennial Committee Meeting held February 24, 1976 Counci]man Marks read the following Statement to the COUNCILMAN Public and instructed the Clerk to include this statement MARKS STATE- in the minutes of this meeting- MENT FOR THE RECORD This is in interest of all seven candidates who are __ running for election in the Village of North Palm Beach on the 16th of March, 1976, and any future candidates who run for office. I believe that fair play should have been given all seven candidates. I have attended no meetings or political rallies and have supported no candidates. I would like to ask the question: Why was the publication of the Forecast delayed for March 1976? Normally the Forecast goes to press from'the Village Hall: where it is compiled by Village workers, paid for by this Village, between the 18th and 20th of every month. Why wasnTt it in the. hands of the printers at this usual time for this edition? The printer received it to be compiled on the 24th day of February: May I tell you why? On the 18th or 19th of February, a copy of a paid political advertisement was - given to an official in the Village Hall for publication in the Forecast of March 1976. This was prior to the election filing date of the 20th. First, in Section 106-ll of the Election'Laws of the State of Florida, published on November 15, 1975, it states T'authorization voucher must accompany any advertising that is to be done.T' Authorization voucher did not accompany this ad that cvas placed in the Forecast. The authorization voucher was received on March 3, 1976, the day I received the Forecast, and this is a violation of that section. Section 106-15 of the Campaign Financing Section also states "no person, candidate, political party, political committee or person acting on behalf of another shall, prior to qualifying for this office, directly and indirectly in furtherance of any candidacy, make use of any advertising on radio, television, in newspapers, magazines, etc." Paid political advertising is accepted in any general circulating newspaper or periodical. These periodicals or newspapers have to be in general circulation for one year to qualify for any political advertising. Newspapers in this area accept authorization vouchers ahead of placing the ad in the periodicals. The Forecast is not a general circulating periodical. It is compiled by various groups from the Country Club and are taken to the Village Hall where they are compiled together, at the expense of the Village, and then are taken to the publisher for printing. Copies of this Forecast advertising, along with the campaign bumper stickers, and other political material, have appeared ' at the Country Club, on the Bulletin Boards, at least in the Menis Locker Room, which is a Village owned facility, which is a direct violation. I feel that, since the Country Club is controlled by the Village Council as far as its budget is concerned, as well as the Village fiscal affairs are controlled by the Village Council, it is hard to conceive that someone would manipulate the dates of this publication and would even publish in this publication. I think that if publication were to be allowed in the Forecast, of political ads, all seven candidates should have been invited to participate. Minutes of Regular Meeting Held Thursday, March 11, 1976 Page 3 I have talked to the Status Attorney about this. A copy of this statement will be given to him and also the election officials of Palm Beach County. It is morally and ethically wrong for any elected official to use paid workers of this Village, or publications of this Village, to further their own campaign. Concerning the recommendation of the Recreation Advisory Board contained in the minutes of their meeting held February 10, 1976 that Council put a bicycle path along Prosperity Farms Road to Teal Way to eventually connect with the county bike path down S. R. 703,_ Vice Mayor Heraty moved that we send this recommendation to the Recreation Advisory Board for cost estimates. The motion was seconded by Councilman McIntyre and all present voted aye. Concerning the recommendation of the Recreation Advisory Board contained in the minutes of their meeting held February 10, 1976 relative to the Boccie court, Councilman Marks moved that Council install an 8 ft. by 60 ft. Boccie court adjacent to the Senior Citizens Building. The motion was seconded by Council McIntyre and all present voted aye. On motion of Vice Mayor Heraty, seconded by Councilman Greeley, all present voting aye,-Bill No. 239 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 10.5-40 OF THE VILLAGE OF NORTH PALM BEACH CODE, BY_PROVIDING A PENALTY TO MEMBERS OF THE NORTH PALM BEACH COUNTRY .CLUB WHOSE ACCOUNT IS DELINQUENT BEYOND TWO BILLING PERIODS BY SUSPENDING THAT PERSON'S RIGHTS TO UTILIZE THE FACILITIES OF THE COUNTRY CLUB UNTIL SAID ACCOUNT HAS BEEN BROUGHT CURRENT was placed on second_reading and read by title alone. On motion of Councilman Marks, seconded by Councilman Greeley, all present voting aye, Bill No. 239 was adopted as Ordinance No. 3-76. On motion of Vice Mayor Heraty, seconded by Councilman McIntyre, all present voting aye, proposed Resolution No. 10-76 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, STRONGLY URGING THE PUBLIC SERVICE CQ~iMISSION, THE DEPARTMENT OF ENVIRONMENTAL REGULATION, THE PALM BEACH COUNTY ENVIRONMENTAL CONTROL OFFICER, THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, AND THE PALM BEACH COIINTY HEALTH DEPARTMENT TO INVESTIGATE AND TAKE ALL POSSIBLE STEPS TO ABATE THE VILE AND NAUSEOUS ' ODOR EMANATING FROM THE PALM BEACH COUNTY UTILITY COMPANY SEWAGE PLANT LOCATED WITHIN THE VILLAGE OF NORTH PALM BEACH REC. AD. BD. RECOMMENDATION RE BICYCLE PATH REC. AD. BD. RECOMMENDATION RE BOCCIE COURT BILL 239 PLgCED ON 2ND READING BILL 239 ADOPTED AS ORD. 3-76 RES: 10-76 ADOPTED was read in full and adopted as read as Resolution No. 10-76. Minutes of Regular Meeting Held Thursday, March 11, 1976 Page 4 Mr. Dennis P. Koehler, Palm Beach County Environmental STATEMENTS Control Officer, was present at this meeting along FROM MESSRS. with Mr. Frank J. Gargiulo, Palm Beach County Health KOEHLER, Department Engineer and Mr. John Woodrine of Palm Beach GARGIULO & County Utilities, Inc. Mr. Koehler read a letter re- WOODRINE garding the odor problems at Palm Beach County Utilities, RE ODOR ' Inc., a copy of which is attached to the minutes of this PROBLEMS meeting. Mr. Koehler and Messrs. Frank Gargiulo and AT PALM BEACH Umesh Asrani of the Palm Beach County Health Department UTILITIES, made an inspection of the utility plant on the afternoon INC. of March 9. They were accompanied on this inspection by Messrs. John Woodrine and Dick Burchey of the utility company, who reported that the plant's most recent odor problem had indeed been caused by lack of constant aeration in its digesters. As soon as the problem became apparent, Mr. Woodrine ordered the aeration process-to be maintained on a 24-hour basis to effectively end the type of odor problem residents were complaining of and remove-the plant from the "odor nuisance category." After this inspection was made by Messrs. Koehler, Gargiulo and Asrani, Mr. Koehler stated that they did not have grounds to take enforcement action at this time. On motion of Vice Mayor Heraty, seconded by Councilman RES. 11-76 Greeley, all present voting aye, proposed Resolution ADOPTED No. 11-76 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO TAKE ALL NECESSARY STEPS TO CONTINUE THE OPERATION OF MUNICIPAL COURTS OR IN THE ALTERNATIVE TO RESTRICT -- THE TRIAL OF OFFENSES AGAINST MUNICIPAL ORDINANCES TO A LOCATION WITHIN THE MUNICIPALITY INVOLVED USING PER- SONNEL FAMILIAR WITH MUNICIPAL ORDINANCES INVOLVED was read in full and adopted as read as Resolution No. 11-76. On motion of Councilman Greeley, seconded by Councilman RES. 12-76 Marks, all present voting aye, proposed Resolution No. ADOPTED 12-76 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BIDS OF VARIOUS. FIRMS FOR THE PURCHASE OF TRUCK EQUIPMENT was read in full and adopted as read as Resolution No. 12-76. Qn motion of Vice Mayor Heraty, seconded by Councilman - RES. 13-76 Greeley, all present voting aye, proposed Resolution ADOPTED No. 13-76 entitled: ' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, DESIGNATING FIRST AMERICAN BANK OF NORTH PALM BEACH AS A DEPOSITORY OF THE VILLAGE OF NORTH PALM BEACH AND SETTING FORTH THE OFFICERS AND AGENTS OF THE VILLAGE WHO ARE AUTHORIZED TO _ DEPOSIT AND WITHDRAW FUNDS FROM SAID BANK was read in full and adopted as read as Resolution No. -- 13-76. r Minutes of Regular Meeting Held Thursday, March 11, 1976 Page 5 Councilman Marks moved to authorize-the Mayor to execute that MAYOR certain Agreement with Team Plan, Inc. for review and modifi- AUTHORIZED cation of Chapter 45, the Zoning Code of the Village, in an TO EXECUTE amount not to exceed $1,800 to be expended from Account No. AGREEMENT OS-500. The motion was seconded by Councilman McIntyre WITH TEAM and all present voted aye. PLAN, INC. ' Councilman McIntyre moved to authorize the Mayor to execute MAYOR a Bicentennial application for the Village of North Palm AUTHORIZED TO Beach to the American Revolution Bicentennial Administration EXECUTE BI- designating the Village of North Palm Beach as a Bicentennial CENTENNIAL community. The motion was seconded by Vice Mayor Heraty APPLICATION and all present voted aye. Councilman Marks moved that Council authorize the expenditure of $3,576 from Account No. 31-245 (Professional Services) for the 1974-75 audit of funds of the North Palm Beach - Country Club and authorize the Village Manager to proceed with payment. The motion was seconded by Councilman Greeley and all present voted aye. COUNCIL AUTHORIZATION TO EXPEND FUNDS. FOR 74-75 AUDIT OF NPBCC Councilman Greeley moved that Council authorize the expenditure COUNCIL of $7,548 from Account No. 09-245 (Professional and Investi- AUTHORIZATION gative Services) for the 1974-75 audit of all funds except TO EXPEND the North Palm Beach Country Club fund and authorize the FUNDS FOR Village Manager to proceed with payment. The motion was 74-75 AUDIT seconded by Vice Mayor Heraty and all present voted aye. OF_VILLAGE '" Vice Mayor Heraty moved that Council approve an emergency COUNCIL purchase of one hydraulic cylinder in the amount of $623 AUTHORIZATION to be expended from Account No. 13-303 (Parts and Accessories TO APPROVE for the repair of a Village refuse collection truck and con- EMERGENCY firm the action taken by the Village Manager for this emer- PURCHASE FOR gency purchase. The motion was seconded by Councilman - HYDRAULIC Marks and all present voted aye. CYLINDER Vice Mayor Heraty moved that Council approve an emergency COUNCIL purchase to rebuild one truck transmission in the amount AUTHORIZATION of $808.95 to be expended from Account No. 13-201, Labor TO APPROVE ($366) and Account No. 13-303, parts and accessories EMERGENCY ($442.95) for the repair of a Village refuse collection 'PURCHASE. TO truck and confirm the action taken by the Village Manager REBUILD TRUCK for this emergency purchase. The motion was seconded by TRANSMISSION Councilman Greeley and all present voted aye. There being no further business to come before the Council, ADJOtiRNI~NT on motion of Vice Mayor Heraty, seconded by Councilman Greeley, all present voting aye, the meeting was adjourned at 9:25 p.m. Minutes recorded by: Do ores R. Walker, Village Clerk 1 i l y w THE PALM BEACH POST Published Every Weekday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORSDA COUNTY OF PALM BEACH ) Before the undersigned authority personally appeared _.__J•L. SartOY'V __ who on oath says that he is kdVert7.Sirio Dir. of The Palm Beach Post, a daily newspaper published at West Palm Beach in Palm Beach County, Florida; that the attach- ed copy of advertising, being a ......_...__rJOt1 C2,_`_ $i 11 i~23 9 -- in the matter of -----.._...~_..._.. ~ - _.. - in the____. --°- -_.Court, was published in said newspaper in the issues of _....-.__.February 2Q, 1976 Affiant further says that the Palm Beach Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each weekday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year neat preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in 'd newspaper. Sworn to and subscribed before me this 2/jth day of _ ebr~u/a~D~ A/~~D. 1~9 ~76~ NOTANY PUBLIC STATE OF FLOgIGA tf LARGE MY COMMISSION-- EXPiq ES JUNE 2, _ 19]9 aGNGEG RY A!:f9~tAN BANKERS INSVFlANCE CO "$oaid of County Commissioners 't. W- "Bud" UVeaver, Chairman Lake Lytal, Vice-Chairman Robert F. Culpepper Robert C. Johnson Bill Medlen t .~ri TT,:, nx :.-4 7.:7.%:. -- - - {~, bf`=` ~,< County Administrator John C.Sansbury Department of Environmental Control -i°' March 10, 1976 Paul J. Nicoletti Village Manager Village of North Palm Beach Village Ha11 North Palm Beach, Florida 33408 RE: Odor problems at Palm Beach Utilities, Inc. Dear Mr. Nicoletti: Thank you for your letter of March 2, 1976, informing me of your Village Council's concern about alleged odor problems at the sewage treatment plant operated by Palm Beach Utilities, Inc. in the Village. I received your letter on Nlarch 8, and this letter is to inform you of the results of a personal inspection conducted on the afternoon of March 9 by me and Messrs. Frank Gargiulo and Umesh Asrani of the Palm Beach County Health Department. Messrs. John Woodrine and Dick Burchey of the utility company accompanied us during our inspection, and reported that the plant's most recent odor problems had indeed been caused by lack of constant aeration in its digesters.. The. aeration system for .these digesters oaas being turned off for approximately two hours each day, to allow solids to _ settle and thereby be more efficiently removed by the company's tankers. As a result of the cacophony of complaints, however, Woodrine ordered the aeration process to be maintained on a 24-hour basis on February 24, 1976. According to Woodrine, 24-hour aeration effectively ends the type of odor problem your residents complain of, and removes this plant from the "odor-nuisance" category. I4y own inspection, which involved a complete tour of the facilities and "auto reconnaisance" of the area 2247 PALM BEACH LAKES BOULEVARD ~- WEST PALM BEACH, FLORIDA 33401 ~ (305) 832-856 r (2) immediately downwind of the facility, bore out Mr. Woodrine's observations. In addition, the Health Department engineers who accompanied me on this inspection noted that the plant's effluent treatment efficiency meets or exceeds existing Florida standards (90% removal of BOD and suspended solids), and that no objectionable odors were present. I must therefore conclude, based on yeaterday`s personal inspection and verbal assurances from Mr. Woodrine that 24-hour operations would be maintained "indefinitely", that I have no grounds to prosecute this facility for environmental law violations at this time. I would urge you, however, to inform your Village's complaining residents to call my office directly (832-8561, Ext.81) when next their personal property enjoyment is impaired by foul odors from this sewage treatment plant. Perhaps we could all then visit the plant to smell for ourselves whether there is an enforceable problem. Si rely, Dennis P. Koehler, Esquire Environmental Control Officer DPK/ket cc: Frank J. Gargiulo, P.E. Ted H. Climer Dr. V.A. Marks Dennis Eshleman