04-23-2009 VC REG-M•
•
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
APRIL 23, 2009
Present:
David B. Norris, Mayor
Darryl Aubrey, Sc.D., President Pro Tem
T.R. Hernacki, P.E., Councilman
Jimmy Knight, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, CMC, Village Clerk
Absent:
ROLL CALL
William Manuel, Vice Mayor
Edward M. Eissey, Ph.D., Councilman
Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present,
except Vice Mayor Manuel and Councilman Eissey, who were out of town. All members of staff
were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Norris gave the invocation and President Pro Tem Aubrey led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 4/9/09 were approved as written.
PUBLIC HEARING AND 2ND READING OF ORDINANCE 2009-04 -CODE AMENDMENT
TO ALLOW OPEN-AIR PAVILIONS AS AN ACCESSORY USE
President Pro Tem Aubrey moved that Ordinance 2009-04 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AMENDING APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE
OF ORDINANCES, "ZONING," TO ALLOW FOR OPEN-AIR PAVILIONS AS AN
ACCESSORY USE WITHIN THE R-1 SINGLE-FAMILY ZONING DISTRICT SUBJECT TO
SPECIFIED CONDITIONS; AMENDING ARTICLE I, "IN GENERAL" OF APPENDIX C BY
AMENDING SECTION 45-2, "DEFINITIONS;" AMENDING ARTICLE II, "GENERALLY,"
BY AMENDING SECTION 45-19, "BUILDINGS AND USES TO CONFORM TO DISTRICT
REGULATIONS; AMENDING ARTICLE III, "DISTRICT REGULATIONS," BY
AMENDING SECTION 45-27, "R-1 SINGLE-FAMILY DWELLING DISTRICT;"
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted and enacted on second reading. Councilman Hernacki seconded the motion.
Minutes of Village Council Regular Session held Apri123, 2009 Page 2 of 3
PUBLIC HEARING AND 2ND READING OF ORDINANCE 2009-04 -CODE AMENDMENT
• TO ALLOW OPEN-AIR PAVILIONS AS AN ACCESSORY USE continued
Village Manager Jimmy Knight detailed changes to the ordinance as discussed at first reading,
including page 5, Section 5(b)(3), which provides for under counter refrigerators; and page 6,
Section 7 (b) and (c), which limits approval to Community Development Director and increases the
time period for appeals to 30 days.
Mr. Knight advised that traditional chickee huts built by the Miccosukee Tribe or Seminole Tribe
are not subject to regulation, due to special dispensation by the State of Florida.
Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris
closed the public hearing.
Discussion ensued on Section 5(b) regarding storage in open-air pavilions. Village Attorney Len
Rubin suggested revising Section 5(b) by adding "items of personal property, including, but not
limited to, the following" and deleting "of personal property' in Section 5(b)(2).
Councilman Hernacki moved to adopt the amendments to Ordinance 2009-04 as presented by the
Village Attorney. President Pro Tem Aubrey seconded the motion, which passed unanimously.
Thereafter, the motion to adopt and enact Ordinance 2009-04, as amended, on second reading
passed unanimously.
1ST READING OF ORDINANCE 2009-OS -CODE AMENDMENT TO ESTABLISH AN
ABANDONED RESIDENTIAL PROPERTY PROGRAM
President Pro Tem Aubrey moved that Ordinance 2009-OS entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 15, "HOUSING," OF THE VILLAGE CODE
OF ORDINANCES BY ADOPTING A NEW ARTICLE II, "ABANDONED REAL
PROPERTY;" PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR
DEFINITIONS; PROVIDING FOR REGISTRATION; PROVIDING MAINTENANCE AND
SECURITY REQUIREMENTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE
be adopted on first reading. Councilman Hernacki seconded the motion.
Mr. Knight enumerated revisions to the proposed ordinance pursuant to Council discussion at its
4/9/09 Workshop Session, including references to "uncured" Notice of Default, expiration of any
cure period, and for properties not yet subject to foreclosure sale or transfer, the property owner
remains in default. Discussion ensued on the meaning of "cure period." It was noted that this is
the period of time to correct the default.
• Mr. Rubin reported that the maintenance requirements in the ordinance are consistent with
current code provisions for maintenance of properties.
Thereafter, the motion to adopt Ordinance 2009-OS on first reading passed unanimously.
Minutes of Village Council Regular Session held April 23, 2009 Page 3 of 3
CONSENT AGENDA
• Councilman Hernacki moved to approve the consent agenda. President Pro Tem Aubrey
seconded the motion, which passed unanimously. The following items were approved:
Receive Minutes of Code Enforcement Board meeting held 4/6/09
Receive Minutes of Recreation Advisory Board meeting held 4/14/09
Recommendation: that Council reevaluate Village Code 4-27 "and allow dogs
in the Village Parks as long as they are leashed and picked up after and
institute a fine on the violators."
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Norris announced that Vice Mayor Manuel has been elected to the Board of Directors of
the Palm Beach County League of Cities and will be installed on 5/29/09. By consensus,
Council authorized the expenditure of funds from Council contingency for tickets to the
installation luncheon.
Regarding the recommendation of the Recreation Advisory Board to allow dogs in Village parks,
it was requested that this issue be placed on an upcoming Workshop agenda for discussion.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight notified Council concerning the Edward Byrne Memorial Justice Assistance Grant (JAG).
Mr. Knight reported that the Public Safety Department will use this $16,000 grant to implement a
Juvenile First Offenders Program.
Mr. Knight gave an update on Anchorage Park, and announced the ribbon-cutting and grand
re-opening of the park will be held on Saturday, June 6,2009.
Mr. Knight announced that a "town hall" meeting regarding FDOT plans for the refurbishment
of Parker Bridge will be held at 4:00 p.m. on 5/4/09 at the North Palm Beach Country Club.
Mr. Knight reported that IGM has requested an extension of its contract for maintenance of the
Country Club golf course and grounds. By consensus, Council authorized Mr. Knight to move
forward with contract negotiations.
Mr. Knight requested Council consider granting summer golf privileges to Village employees,
which would allow the employees to play for cart rental fees. Council approved this request.
REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS
Audit Committee Chairman Tom Magill reviewed the Annual Report of the Audit Committee.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:04 p.m.
• - ____--
Melissa Teal, CMC, Village Clerk