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09-23-1982 VC REG-MMINUTES OF REGULAR SESSIONREGUTAR SESSI~7 OF THE VILLAGE COUNCIL OF NORTH PALM. BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 23, 1982 Present: W. H. Brown, Vice Mayor Harriet Nolan, President Pro Ten V. A. Marks, M. D., Councilman Tcm Valente, Councilman Raymond J. Howland, Village Manager Herbert L. Gildan, Village Attorney Joan Bernola, F~n~+n~e Director Dolores R. Walker, Village Clerk Absent: Al Moore, Mayor Vice Mayor Broom called the Regular Session to order at 7:30 p.m. All members of the Council were present except Mayor Moore, who is on vacation. All members of the staff were present. Counr~~man Valente gave the invocation and President Pro Tan Nolan Ied the .Council and the public in the Pledge of Allegiance to the Flag. The following mirnstes ire approved as written: Minutes'of Public Hearing held September 8, 1982 Minutes of Regular Session held September 9, 1982 Mr. Wayne Topper, Parade Chairman for the Christmas in Dixie Parade, appeared before the.ViTlage Council, requesting _a donation of $1,500 to $2,000 in manpower and equipment for the Christmas in Dixie Parade. He indicated that he is also request- ing the sane amount of money from the c~*Rnm;tes of Riviera Beach and Palm. Beach Gardens, since the Tom of Ialce Park is no .longer in a position to finance the'bullc of the cost of the parade by itself . ROLL CALL INVOCATION & PLEDGE OF ALLEGIANCE APPROVAL OF MINU1B5 W. TOPPER'S pREGF.N'i'ATTQjQ ON CHRIS~7A.S IN DIi~ PARADE After Mr. Topper's presentation and further-discussion on this REQUEST Ta matter, Councilman Marks moved that we deny the: request to support SUPPORT CHRISTMAS the Christmas in. Dixie Parade. The motion was seconded by Council- IN DIX~ PARADE man Valente and passed 3-1, with President Pro Tem Nolan opposed. DE[SIED The Misiutes of the Code Enforcement Board.Meeting held September. 13, 1982 were accepted as submitted. The Village Manager made the following statement for Council's lnf0'YIDatlOn: We have been receiving quite a few complaints from customers of Perry Cable TV concerning a letter they received, stating that Perry Cable would not have their 24-hour repair service. I wanted .to make some comments on that because it makes reference to my office and the £act that we informed them that they could not do this. Approximately thirty days ago we'received a request from the asking us to cover mat they could or could not do under our ordinances. In a letter dated September 10, 1982, and after consulting with Mr. O'Meilia and Mr. Atwater at a staff meet- ing, I wrote a letter to Perry Cable TV covering Section 19-1I1 of our Village Code. I expected to receive a letter back from Mr. Jernigan of Perry Cable TV when I wrote that letter, and'I think what bas happened is they have taken a very strict interpretation of what we had to say concern; a various construction and activities before 8:00 a.m. and ACCEPTANCE OF MINUTES $TATFMFTTi' RE PERRY CABLE TV Minutes of Regular Session Held Thursday, Septenber,23, 1982 Page 2 after 8:00 p.m., and without talking to the Village anymore they sent out a letter, dated Septanber 16, 1982, to all of their subscribers in the Vi.}.1age. The letter cane as quite a shock. We imuediately started receiving phone calls from irate'subscribers who felt that we were in the wrong iri limiting their repair hours. I am sure the people who received tTae letter do not realize that Perry Cable TV bas a petition before us to raise their rates, and I am sure that the letter and the rate request are tied together somehow. i called Mr. Jernigan. yesterday to discuss-the letter with him. I was able to speak to him: I told him exactly what the intent of the letter was; that we are upset with the heavy, noisy construction that is going on early in the morning and late in the evening, and that under our ordinance we could-not condone that sort of thing. We also told them that if score repA; mmr+*~ fran Perry Cable was to came around to make a local repair to a home and was quiet, we had no. objections to that. I told him that Perry Cable has com- pletely misconstrued what I said in the letter. At that point he said that he had saneone in the office with him and that he would get back with me. He never did call .back, and the last time I called his office I was told that he was not available. I didn't feel that we should take ..any action unless we dis- cussed this with Council, but.I thonigbt.that you ought to have the canplete story. After listening to the Village Manager`s.statsnent, Cotmcilman Valente moved that we send a certified letter to Mr. Jernigan of Perry Cable TV clarifying our situation, and also send a copy of the letter to the news media so they'wi11 gget both sides of the story. The motion was seconded by Counci]man. Marks and all present voted aye. The Village Crnmcil instructed the Village Attorney to draft the above-menti~ed letter. On motion of Council*~n Valente, seconded by Cotmcilman Marks, all present voting aye, proposed Resolution No. 41-82 entitled: A RESOLUTZCN OF THE VILS.AGE COUNCIL OF NORTH PALM BEACH, FLORIDA, LEVYIIQG A TAX ON RFAT•AND PERSONAL PROPERTY LOCATID WITFLQ`I THE CORPORATE LINLCTS OF THE VILLAGE OF NORTH PAIM BEACH CN JANUARY 1, 1982; FIXIIdG THE TOTAL VALUATION THEREON AND THE TAX MILEAGE RATE THEREON FOR. SAID TAX YEAR; AND RFPFAT,ING ALL RESOLUTI~IS 1N CONFLICT WITx THIS RESOLUTION was read in full and adopted as read as Resolution No. 4I-82. MOTION TO SEND CERTIFIED LETTER TO MR. JERNIGAN OF_PERRY CABLE TV RES. 41-82 ADOPTED On motion of President Pro Ten Nolan, seconded by Cotmcilman BILL 405 PLACID - Marks, all present voting aye, Bill No. 405 entitled: ON SECCND READING AN ORDINANCE OF THE VILLAGE OF NORTH PATIOS BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE VTTTAI:F: OF NORTH PALM BEACH CODE, THE BUILDING CODE FOR THE VILLAGE, BY ADOPTING THERETO AN AI~TIF~NT TO SECTION 6-17, SCHEDULE OF PERMIT FEES, CHP.RGES AND EXPENSES Minutes of Regular Session Held Thursday, September 23, 1982 Page 3 was placed on second reading and read by title alone. On motion of President Pro Ten Nolan, seconded by Councilman BILL.405 Marks, all-present voting aye, Bi11 No. 405 was adopted as. ADOPTED AS Ordinance No. 17-82. ORD. 17-82 On motion of Councilman Marks, seconded by Councilman Valente, BILL 407 all present: voting aye, Bi11 No. 407 entitled: PLACID ON SECOND READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING BUDGETS FOR THE FISCAL YEAR OCTOBER. 1, 1982 TO 30', 1983, BOTH INCLUSIVE, FOR THE VILLAGE OF NORTH-.PALM BEACH GE[~RAL F[1DID, INCLUDING. DEBT RET~', AND FOR THE NORTH PALM BEACH COUNTRY-CLUB REVENf1E FUND TOGETHER WITH THE FEDERAL REVF2V[JE SHARING F[fiID; AND p,EPFd~rNs ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE was placed on second. reading and read by title alone. On motion of Councilman Valente, seconded by Councilman. Marks,' BILL 407 all. present voting aye, Bill No. 407 was adopted as Ordinance ADOPTID AS No. I8-82. ORD. 18-82 On. motion of President Pro Ten Nolan, seconded by Councilman BILL 408 Marks, all present voting aye, Bill No. 408 entitled: PLACID ON FIRST READING AN ORDINANCE OF THE VILLAGE OE NORTH. PALM BEACH, FLORIDA, AMEPIDING SECTIONS 6-75,6-76; 6-79 AND 6-80 OF THE Vn:r~~' CODE BY REPEALING THE REQUIR~ME~ FOR CONTRACTORS TO POST A $2,000.00 SUR1;`PY BOfID, ARID REPEALING SECTION 6-80 (c) TO PEL~fiT AN G63QER OE' A RESIDENCE IN THE VTf7A(~F: OF NORTH PALM BEACH TO REPAIR, ALTER OR ADD TO HIS Oi~I RESTINCE WITHOUT LIMITATION was placed on first reading and read by title alone. President Pro Ten Nolan moved that we declare the Vulcan oven and broiler at the North Palm Beach Country Club to be surplus property. The motion was seconded by Councilmanz Valente and all present voted aye. There being no further business to cane before the Council, the meeting was adjourned at 8:30 p.m. Minutes recorded by: Dolores R. Tclalker, Q~ Village Clerk VULCAN OVIN & BROII FdZ AT NPBCC SURPLUS PROPERTY ADJOURI~iENT