05-13-2010 VC WS-MMINUTES OF THE WORKSHOP SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• MAY 13, 2010
Present: William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
David B. Norris, President Pro Tem
T.R. Hernacki, P.E., Councilman
Robert A. Gebbia, Councilman
Jimmy Knight, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
ROLL CALL
Mayor Manuel called the meeting to order at 8:42 p.m. All members of Council were present. All
members of staff were present.
CODE ENFORCEMENT BOARD
Discussion was held concerning the use of a Code Enforcement Board or Special Magistrate to
enforce the codes and ordinances of the Village.
Pursuant to discussion at its 3/25/2010 Workshop Session regarding further information on the
Special Magistrate system, Council was provided with recordings of Special Magistrate hearings
from other area municipalities. Additionally, Council was provided with the recording of the Village
of North Palm Beach Code Enforcement Board Hearing and Workshop held 5/3/2010.
During Council discussion, it was noted that the Code Enforcement Board has been a valuable asset
to the Village. Council expressed its intent to act in the best interests of the Village, and observed
that the goal of enforcement is obtaining voluntary compliance with Village codes.
Discussion ensued on the differences between the two processes with regard to expenses and staff
involvement. Mr. Knight advised that an attorney must be retained regardless of whether a Special
Magistrate or Code Enforcement Board is used. Mr. Knight descnbed the Village staffpresent at the
hearings, which include both salaried and hourly wage employees. Mr. Knight stated that Code
Enforcement hearings by Special Magistrate could take less time to conduct, since the magistrate is
an attorney with special training in this area of the law.
Mr. Knight reported that only six municipalities in Palm Beach County (Village included) use a
Code Enforcement Board. Mr. Knight noted that although some cities, including Lake Park and
Jupiter, used both Code Enforcement Board and Special Magistrate concurrently for a period of
time, the dual system was phased out in those cities. Council considered whether use of a
Special Magistrate would provide a more cost effective and efFicient method of enforcement.
Concern was voiced regarding the issue of requiring neighbors to sit in judgment of other neighbors,
• particularly in a small community.
Minutes of Village Council Workshop Session held May 13, 2010 Page 2 of 2
• Discussion took place regarding developing and implementing a fine schedule for code violations.
Mr. Rubin advised that a schedule of fines should not be adopted by ordinance; however, it may
be possible to adopt a resolution establishing guidelines for code violation fines.
Discussion was held concerning updating the Village Code of Ordinances to follow the provisions
of Chapter 162, Florida Statutes. An ordinance updating Village Code provisions with Florida
Statutes, will be taken up at another time.
By consensus, Council directed that an ordinance be prepared for Council consideration at an
upcoming Regular Session, at which time Council will continue its deliberations on using the
Code Enforcement Board or Special Magistrate to conduct code enforcement hearings.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:22 p.m.
Melissa Teal, CMC, Village Clerk
•