07-22-2010 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JULY 22, 2010
Present:
William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
David B. Norris, President Pro Tem
Robert A. Gebbia, Councilman
Jimmy Knight, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
Absent:
ROLL CALL
T.R. Hernacki, P.E., Councilman
Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were present,
except Councilman Hernacki, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Aubrey gave the invocation and Councilman Gebbia led the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Manuel proclaimed the week of August 16 - 20, 2010
as Florida Water Professionals Week in the Village ofNorth Palm Beach. Phil Donovan, Region 6
Director, and members of the Florida Water and Pollution Control Operators Association were
present to receive the proclamation.
On behalf of the Village Council, Mayor Manuel presented Certificates of Appreciation to Code
Enforcement Board members Alfred Cilcius and Chairman Eric Hoecker in recognition of their
service to the Village ofNorth Palm Beach.
APPROVAL OF MINUTES
The minutes of the Regular Session held July 8, 2010 were approved as written.
STATEMENTS FROM THE PUBLIC
Steve Walter, 436 Gulf Road, addressed the Council regarding public safety issues and questions
concerning an absentee owner renting out property subject to foreclosure proceedings. Mayor
Manuel asked the Public Safety Director and Community Development Director to investigate
• the matter and follow up with Mr. Walter.
Minutes of Village Council Regular Session held July 22, 2010 Page 2 of 4
SECOND READING AND ENACTMENT OF ORDINANCE _2010-10 -CODE AMENDMENT
ALLOWING DOGS IN SPECIFIC AREAS OF ANCHORAGE PARK
A motion was made by Vice Mayor Aubrey and seconded by Councilman Gebbia to adopt and
enact on second 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 noted a modification in the proposed ordinance from first reading regarding
retractable leashes: page 2, Section 4-28 was revised to stipulate, "Retractable leashes are not
permitted in public parks unless they are locked at a maximum length of eight (8) feet."
Mayor Manuel opened the public hearing. Beverly Bingham, 404 Gulf Road, thanked the Council
and offered to assist in enforcing the code and making it a positive experience for users of
Anchorage Park. With no further comments from the public, Mayor Manuel closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2010-10 on second reading passed unanimously.
Mayor Manuel requested that the Village Newsletter be used to inform the public about the dog
walking regulations.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-11-CODE AMENDMENT -
PERMITTED TEMPORARY SIGNS AND POLITICAL SIGNS
A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey 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.
Pursuant to Council's discussion at first reading, Mr. Knight advised that language was added to
the proposed ordinance to provide that "Political signs shall not be placed on any parcel within
the village without the consent of the property owner. For vacant parcels, the property owner's
written consent must be filed with the village clerk prior to the erection or placement of any
• temporary political signs."
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor
Manuel closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2010-11 on second reading passed unanimously.
Minutes of Village Council Regular Session held July 22, 2010
CONSENT AGENDA
Page 3 of 4
• Councilman Gebbia moved to approve the consent agenda. President Pro Tem Norris seconded
the motion, which passed unanimously. The consent agenda included the following items:
Resolution 2010-38 acknowledging Florida Public Utilities Company's filing of
the Acceptance of Franchise Grant and approving the Agreement to Modify
Franchise Ordinance between the Village and Florida Public Utilities Company
Receive for file Minutes of Recreation Advisory Board meeting held 7/13/2010
RESOLUTION 2010-39 ADOPTED -TENTATIVE MILEAGE RATE
A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey to adopt
Resolution 2010-39 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING A TENTATIVE MILEAGE RATE OF 7.4802 MILS FOR
FISCAL YEAR 2010-2011; ESTABLISHING A DATE AND TIME FOR THE FIRST HEARING
ON THE TENTATIVE BUDGET AND PROPOSED MILEAGE RATE; AUTHORIZING THE
VILLAGE MANAGER TO SUBMIT THE REQUIRED FORMS TO THE PALM BEACH
COUNTY PROPERTY APPRAISER; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight explained the statutory requirement to notify the Palm Beach County Property
Appraiser of the tentative millage rate and date of the first public hearing on the millage and budget.
Mr. Knight recommended Council set the tentative millage rate at the rolled-back rate of 7.4802.
Mr. Knight reported that at the tentative rate of 7.4802 mils, ad valorem revenues would be
reduced from the current year. Mr. Knight stated the first public hearing would be 9/16/2010 at
7:30 p.m. Mr. Knight advised that the tentative millage rate is the maximum millage rate that
can be considered and noted the likelihood that the final millage rate would be less than 7.4802.
Thereafter, the motion to adopt Resolution 2010-39 passed unanimously.
RESOLUTION 2010-40 ADOPTED - AD HOC BUSINESS ADVISORY COMMITTEE
A motion was made by Vice Mayor Aubrey and seconded by Councilman Gebbia to adopt
Resolution 2010-40 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, CREATING AN AD HOC BUSINESS ADVISORY COMMITTEE TO
PROVIDE RECOMMENDATIONS TO THE VILLAGE COUNCIL ON MATTERS
AFFECTING BUSINESSES LOCATED WITHIN THE VILLAGE; PROVIDING FOR THE
APPOINTMENT OF MEMBERS; PROVIDING FOR DUTIES; PROVIDING FOR
PROCEDURAL REQUIREMENTS; PROVIDING FOR A LIMITED DURATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight related that the ad hoc Business Advisory Committee would be comprised of nine
members representing three primary areas of businesses operating within the Village: retail
businesses, professional services, and personal services. Mr. Knight reviewed the duties of the
• committee and detailed plans to gather volunteers. Council discussed members, meeting
facilities and funding for future business forums. Meetings will be held at Village Hall and open
to the public. Council will determine its representatives when appointing members to the Board.
Thereafter, the motion to adopt Resolution 2010-40 passed unanimously.
Minutes of Village Councit Regular Session held July 22, 2010 Page 4 of 4
RESOLUTION 2010-41 ADOPTED -DESIGNATING ADDITIONAL CODE SECTIONS FOR
ENFORCEMENT BY CITATION
• A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey to adopt
Resolution 2010-41 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING RESOLUTION 2009-52 TO DESIGNATE ADDITIONAL
CODE SECTIONS TO BE ENFORCED BY CITATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Knight recommended that Council designate Sections 5-33, 5-35, and 18-36 of the Village
Code of Ordinances for enforcement by the citation method in order to address parking violations
throughout the Village, as well as violations of the boat launching permit requirements. Mr. Rubin
advised adding a section to the proposed resolution to state, "all references to the Code
Enforcement Board in Resolution 2009-52 are amended to refer to the Code Enforcement
Special Magistrate." President Pro Tem Norris moved to amend Resolution 2010-41 as stated by
the Village Attorney. Councilman Gebbia seconded the motion, which passed unanimously.
Thereafter, the motion to adopt Resolution 2010-41, as amended, passed unanimously.
INTERIM CODE ENFORCEMENT SPECIAL MAGISTRATE APPOINTMENT APPROVED
President Pro Tem Norris moved to approve the appointment of Thomas J. Baird as interim Code
Enforcement Special Magistrate for the Village. Vice Mayor Aubrey seconded the motion.
Mr. Knight anticipated there could be two hearings using the interim Code Enforcement Special
Magistrate. Brief discussion ensued on Mr. Baird's qualifications. Mr. Rubin advised a Request
for Qualifications for a permanent Code Enforcement Special Magistrate would be issued soon.
Thereafter, the motion to approve Mr. Baird's appointment as interim Code Enforcement Special
Magistrate passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Manuel reminded Council of the Palm Beach. County League of Cities luncheon and
Candidates Forum on 7/28/2010.
Mayor Manuel announced the Kids Triathlon on Saturday at the North Palm Beach Country Club.
Mayor Manuel noted that this year's National Night Out Against Crime event would be held at
Anchorage Park on 8/3/2010 from 6:00 p.m. - 9:00 p.m.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight gave an update on the status of Tropical Storm Bonnie.
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