05-14-2009 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 14, 2009
• Present: David B. Norris, Mayor
William Manuel, Vice Mayor
Darryl Aubrey, Sc.D., President Pro Tem
Edward M. Eissey, Ph.D., Councilman
T.R. Hernacki, P.E., Councilman
Jimmy Knight, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Norris 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
Councilman Eissey gave the invocation and Vice Mayor Manuel led the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
Mayor Norris proclaimed the week of May 16-22, 2009 as National Safe Boating Week in the
Village of North Palm Beach. Commander Richard Hofinann of the Palm Beach Sail and Power
Squadron was present to receive the proclamation.
Mayor Norris proclaimed the week of May 10 - 16, 2009 as Police Week in the Village of North
Palm Beach. Public Safety Director Robert O'Neill was present to accept the proclamation.
Mayor Norris presented a certificate to Mrs. Susan Marks in appreciation of her service to the
Village as a member of the Planning Commission.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 4/23/09 and the Minutes of the Special Session held 4/30/09
were approved as written.
PUBLIC HEARING AND 2ND READING OF ORDINANCE 2009-OS -CODE AMENDMENT
TO ESTABLISH AN ABANDONED RESIDENTIAL PROPERTY PROGRAM
Councilman Eissey 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 and enacted on second reading. President Pro Tem Aubrey seconded the motion.
Minutes of Village Council Regular Session held May 14, 2009 Page 2 of 3
PUBLIC HEARING AND 2ND READING OF ORDINANCE 2009-OS -CODE AMENDMENT
TO ESTABLISH AN ABANDONED RESIDENTIAL PROPERTY PROGRAM continued
Mr. Knight advised that Ordinance 2009-OS applies to single-family dwellings and multi-family
dwellings of four units or less. Mr. Knight reported that 19 such properties have been identified.
Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris
closed the public hearing.
Discussion ensued on whether condominiums could "piggyback" the ordinance by including it in
their condominium documents. Village Attorney Len Rubin opined that a declaration of
condominium could be amended to include the ordinance provisions.
Discussion took place concerning providing mortgage holders who are out of state with a list of
local property management companies. Mr. Rubin advised that the Village should not make
representations or recommendations regarding property management companies, but could refer
mortgage holders to the Chamber of Commerce.
Discussion was held on setting a fine amount for violations of the ordinance. It was concluded
Council could readdress this issue at a later date, if necessary; however, at this time
determination of any fine amount will be left to the Code Enforcement Board.
Discussion ensued on making submittal of inspection reports mandatory, rather than upon
request of the Village. Vice Mayor Manuel moved to amend Section 15-16(e) by deleting the
phrase "upon the request of Village." Councilman Eissey seconded the motion, which failed 2 - 3,
with Vice Mayor Manuel and Councilman Eissey voting in favor, and Councilman Hernacki,
President Pro Tem Aubrey, and Mayor Norris opposed.
Thereafter, the motion to adopt and enact Ordinance 2009-OS on second reading passed unanimously.
CONSENT AGENDA
Item 6.D.8, Minutes of the Library fdvisory Board meeting held 4/28/09, was pulled from the consent
agenda. Thereafter, Vice Mayor Manuel moved to approve the consent agenda President Pro Tem
Aubrey seconded the motion, which passed unanimously. The following items were approved:
Receive Minutes of Planning Commission meeting held 1/6/09
Receive Minutes of Planning Commission meeting held 3/3/09
Receive Minutes of Police and Fire Pension Board meeting held 3/19/09
Receive Minutes of Library Advisory Board meeting held 3/24/09
Receive Minutes of General Employees Pension Board meeting held 4/2/09
Receive Minutes of Golf Advisory Board meeting held 4/13/09
Receive Minutes ofVGlaterways Board meeting held 4/21/09
Receive Minutes of Code Enforcement Board meeting held 5/4/09
MINUTES OF LIBRARY ADVISORY BOARD MEETING HELD 4/28/09
• Regarding the request of the Library Advisory Board that Council replace a board member due to
excessive absences, it was determined to place this issue on an upcoming agenda for Council action.
Thereafter, Councilman Eissey moved to receive the Minutes of the Library Advisory Board meeting
held 4/28/09. Councilman Hernacki seconded the motion, which passed unanimously.
Minutes of Village Council Regular Session held May 14, 2009 Page 3 of 3
RESOLUTION 2009-32 -FIRST ADDENDUM TO PALM BEACH COUNTY SHERRIF'S
• OFFICE INTERLOCAL AGREEMENT
Vice Mayor Manuel moved that Resolution 2009-32 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A FIRST ADDENDUM TO EXTEND THE TERM OF THE
INTERLOCAL AGREEMENT BETWEEN THE VILLAGE AND THE PALM BEACH
COUNTY SHERIFF'S OFFICE RELATING TO THE RECEIPT OF URBAN AREA
SECURITY INITIATIVE GRANT FUNDS AND AUTHORIZING THE PUBLIC SAFETY
DIRECTOR TO EXECUTE THE ADDENDUM ON BEHALF OF THE VILLAGE;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Eissey seconded the motion.
Mr. Knight related that Public Safety received this non-matching grant in 2007 for the purpose of
providing mandatory training. Chief O'Neill requested an extension in order to use remaining
grant funds to train new personnel.
Thereafter, the motion to adopt Resolution 2009-32 passed unanimously.
FINAL CLOSEOUT OF LIBRARY WINDOW REPLACEMENT PROJECT APPROVED
Vice Mayor Manuel moved to authorize final closeout of the Library window replacement project
and final payment to Allstate Windows and Kitchens, Inc. in the amount of $12,582.75 in accordance
with Village policies. Councilman Eissey seconded the motion, which passed unanimously.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight notified the Council of change orders to the Anchorage Park improvements contract.
Mr. Knight reported a $74,559 grant reimbursement received for the Earman River pipeline
replacement.project, aswell as $251,770 and $180,000 in Legislative Line Item (LLI) and Land
and Water Conservation Fund grants respectively, for improvements to Anchorage Park.
Mr. Knight invited Council and the public to attend the grand re-opening of Anchorage Park at
10:00 a.m. on Saturday, June 6, 2009.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:17 p.m.
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Melissa Teal, CMC, Village Clerk