07-08-2010 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• JULY 8, 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
Jennifer Hunecke, Village Attorney
Melissa Teal, Village Clerk
ROLL CALL
Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were present.
All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Manuel gave the invocation and President Pro Tem Norris led the public in the Pledge.
APPROVAL OF MINUTES
The minutes of the Regular Session held 6/24/2010 were approved.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-09 -CODE AMENDMENT -
CODE ENFORCEMENT SPECIAL MAGISTRATE
A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt and
enact on second reading Ordinance 2010-09 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" OF THE VILLAGE
OF ORDINANCES BY AMENDING ARTICLE VI, "CODE ENFORCEMENT BOARD," TO
PROVIDE FOR THE APPOINTMENT OF CODE ENFORCEMENT SPECIAL
MAGISTRATES IN LIEU OF A CODE ENFORCEMENT BOARD, TO REMOVE
REDUNDANT AND UNDULY RESTRICTIVE LANGUAGE AND TO ENSURE
COMPLIANCE WITH CHAPTER 162, FLORIDA STATUTES; AMENDING SECTIONS 2-
172, "DEFINITIONS," 2-173, "APPLICABILITY," 2-174, "ORGANIZATION OF BOARD,"
2-175, "ENFORCEMENT PROCEDURE," 2-176, "CONDUCT OF HEARING, 2-177,
"POWERS OF ENFORCEMENT BOARD," 2-178, "FINES; LIENS," 2-179, "DURATION OF
LIEN," 2-180, "APPEAL," AND 2-181, "NOTICES;" ADOPTING NEW SECTION 2-183,
"PROVISIONS SUPPLEMENTAL;" PROVIDING FOR TRANSITION OF PENDING
MATTERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
• Mr. Knight reviewed the changes from first reading as follows: page 2, Section 2-173,
Applicability, reference to the gas, mechanical, and plumbing code was revised to specify the
Florida building code; page 5, Section 2-174, Qualifications, was revised to stipulate that the
special magistrate must have a minimum of ten years of Florida local government or
municipal experience.
Minutes of Village Council Regular Session held July 8, 2010 Page 2 of 4
SECOND READING AND ENACTMENT OF ORDINANCE 2010-09 -CODE AMENDMENT -
• CODE ENFORCEMENT SPECIAL MAGISTRATE continued
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor
Manuel closed the public hearing.
Discussion took place concerning the transition from the Code Enforcement Board to the Special
Magistrate. Mr. Knight and Village Attorney Len Rubin recommend engaging a temporary
special magistrate to preside over the August Code Enforcement Hearing. Mr. Knight detailed
options for the appointment of a permanent special magistrate: advertise a Request for
Qualifications (RFQ) for qualified attorneys to perform this function, or direct the Village
Attorney to locate an attorney, using the qualifications set forth in Ordinance 2010-09. Further,
Mr. Knight suggested that members of the Code Enforcement Board be formally recognized for
their service, dedication, and commitment to the Village at the next Regular Session on 7/22/2010.
By consensus, Council directed that the Village Attorney locate a qualified attorney to preside
over Code Enforcement Hearings on a temporary basis until a permanent special magistrate is
selected by Council through the RFQ process.
Thereafter, the motion to adopt and enact Ordinance 2010-09 on second reading passed unanimously.
FIRST READING OF ORDINANCE 2010-10 -CODE AMENDMENT ALLOWING DOGS IN
SPECIFIC AREAS OF ANCHORAGE PARK
A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to
adopt on first reading Ordinance 2010-10 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 4, "ANIMALS AND FOWL," OF THE
VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE II, "DOGS AND CATS,"
TO ALLOW DOGS IN SPECIFIC AREAS OF ANCHORAGE PARK; PROHIBITING
RETRACTABLE LEASHES IN PUBLIC PARKS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Knight advised that the proposed ordinance allows for walking of dogs on-leash, on specific
perimeter pathways within Anchorage Park as referenced in Exhibit "A."
Discussion ensued on page 2, Section 4-28(a) regarding prohibiting retractable leashes. Council
determined that regulations should be consistent in all Village parks in this regard; therefore,
retractable leashes would not be permitted in any public parks.
Discussion took place concerning signage at Anchorage Park. Mr. Knight advised that in
addition to marking the designated pathway, signage would be erected using the depiction of the
permissible area shown on the map in Exhibit "A."
Council discussed enforcement. In addition to enforcement by Public Safety and Code
• Compliance, it was suggested that volunteers could be utilized for this purpose. The Recreation
Department will be in charge of recruiting and organizing volunteers.
Thereafter, the motion to adopt Ordinance 2010-10 on first reading passed unanimously.
Minutes of Village Council Regular Session held July 8, 2010 Page 3 of 4
FIRST READING OF ORDINANCE 2010-11 -CODE AMENDMENT -PERMITTED
• TEMPORARY SIGNS AND POLITICAL SIGNS
A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt on
first reading Ordinance 2010-11 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE V, "SIGNS AND OUTDOOR DISPLAYS," OF
CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," OF THE VILLAGE CODE
OF ORDINANCES BY AMENDING SECTION 6-114, "PERMITTED TEMPORARY
SIGNS," TO CLARIFY THE MAXIMUM SIZE REQUIREMENT FOR NON-POLITICAL
SIGNS LOCATED ON CERTAIN VACANT RESIDENTIAL LOTS AND MODIFY THE
REGULATIONS APPLICABLE TO POLITICAL SIGNS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight stated the proposed ordinance would amend the provisions of the Village sign code
relating to permitted temporary signs to provide maximum size requirements for non-political
signs on vacant lots within the R-1 and R-2 zoning districts and would limit political signs to one
sign per candidate or issue per parcel during any federal, state, county, or municipal election.
Discussion took place concerning adding a requirement clarifying that signs may not be placed on
vacant lots without written approval of the property owner. It was suggested that language be
added to the ordinance specifying that erection of political signs requires approval of the property
owner and with regard to vacant lots, the candidate must supply written evidence of approval.
Thereafter, the motion to adopt Ordinance 2010-11 on first reading passed unanimously.
CONSENT AGENDA
President Pro Tem Norris moved to approve the consent agenda. Councilman Hernacki seconded
the motion, which passed unanimously. The consent agenda included the following items:
Receive for file Minutes of Golf Advisory Board meeting held 6/14/2010
Receive for file Minutes of Library Advisory Board meeting held 6/22/2010
Receive for file Minutes of Zoning Board of Adjustment meeting held 6/29/2010
RESOLUTION 2010-37 ADOPTED -OPPOSING AMENDMENT 4
A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt
Resolution 2010-37 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION
THAT WOULD FORCE VOTERS TO .DECIDE ALL AMENDMENTS TO MUNICIPAL
AND COUNTY COMPREHENSIVE LAND USE PLANS AND URGING CITIZENS TO
VOTE NO ON AMENDMENT 4; AND PROVIDING FOR AN EFFECTIVE DATE.
• Mr. Knight stated that Amendment 4, if passed, would alter the process and nature of local land
use decisions by making all approved comprehensive plan amendments subject to an election;
whereas, currently each local government's governing body, as the elected representatives of its
citizens, are responsible for the adoption or amendment of the comprehensive plan.
Minutes of Village Council Regular Session held July 8, 2010 Page 4 of 4
RESOLUTION 2010-37 ADOPTED -OPPOSING AMENDMENT 4 continued
• Mr. Knight advised that a significant concern regarding Amendment 4 is its potential negative
impact on the ability to promote positive economic development, and noted that by requiring a
referendum vote on every comprehensive plan amendment, Amendment 4 would likely result in
higher taxes, fewer economic opportunities, and increased litigation. It was noted that expenses
for a referendum election could be as much as $15,000 for each election held.
Discussion ensued on allowable methods by which the Council may communicate its position on
the proposed amendment. Village Attorney Jennifer Hunecke opined that Chapter 106, Florida
Statutes, would prohibit spending public funds on a paid political advertisement in a newspaper
such as the Palm Beach Post.
Discussion ensued regarding citizen awareness of proposed actions. It was observed that
residents have the opportunity to attend Council meetings and participate in discussions about
long-term plans for the Village, which provides for in-depth review and consideration of any
proposed land use changes. It was noted that Council enacted additional notice requirements,
including posting signage on properties that are the subject of requests for changes that affect
zoning or land use. It was suggested that the Village consider. hosting a forum regarding
candidates and issues for the purpose of civic education. A suggestion was made that
information concerning items to be considered by the Planning Commission be made available to
the public on the Village website, similar to what is provided for regular meetings of the Council.
Thereafter, the motion to adopt Resolution 2010-37 passed unanimously.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:12 p.m.
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Melissa Teal, CMC, Village Clerk
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