06-25-2009 VC WS-MMINUTES OF THE WORKSHOP SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JUNE 25, 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 8:17 p.m. All members of Council were present.
All members of staffwere present.
CODE AMENDMENT -CODE ENFORCEMENT CITATIONS
Discussion was held concerning a proposed amendment to the Code of Ordinances to provide
a streamlined process for the issuance and disposition of citations as an alternate method of
code enforcement.
Mr. Knight distributed a proposed list of Village code violations and fee examples for violations
of a transitory or continuing nature. Mr. Knight stated that violations of any of these codes
would result in a written citation issued by a code compliance officer, sworn police officer, or
public safety aide, and would impose an immediate fine payable to the Village. Mr. Knight
explained the position and authority of public safety aide. By consensus, Council approved the
list of code violations proposed by staff.
Discussion ensued on requiring payment of an administrative fee for a hearing before the Code
Enforcement Board, if the respondent wishes to contest the citation. Mr. Rubin suggested that
there could be no charge if the respondent prevails, but the hearing fee would be assessed if the
Code Enforcement Board finds a violation. Further, Mr. Rubin suggested that if the citation is
contested, the Code Enforcement Board could be authorized to impose a fine up to $250.00 for a
first violation and $500.00 for repeat violations. Council consensus was in favor of an administrative
fee only if the respondent is found in violation, with staffto suggest the charge to be imposed.
Discussion took place on the penalty for first, second, third, and subsequent violations. Council
consensus was to have the Code Enforcement Board review the proposed fee schedule, prior to
adoption of the ordinance. It was requested that the Village Attorney examine the code sections
that will engender written citations and fees to ensure that they are appropriate to be enforced by
citation and that the prohibited actions are clearly prescribed. Mr. Rubin advised that the fines
and the form of citation would be adopted by resolution. Discussion took place on issuing a
warning for first offense. Mr. Knight recommended that this be left to the discretion of the
officer. It was noted that the current process provides that violations of Village code may result
in action before the Code Enforcement Board or issuance of a Notice to Appear in county court.
• Council consensus was to use only the citation procedure for first, second, and third violations of
specified Village codes, and that the fourth or subsequent violations would require an appearance
before the Code Enforcement Board.
Minutes of Village Council Workshop Session held June 25, 2009 Page 2 of 2
CODE AMENDMENT -CODE ENFORCEMENT CITATIONS continued
• Council discussed the need to inform the public of the proposed change in enforcement of
Village codes. Mr. Knight will place an article in the Village newsletter. It was suggested that
signage specifying the violations and penalties be erected in the parks.
This item will be placed on first reading after input by the Code Enforcement Board and
notification to the public.
CODE AMENDMENT -BUSINESS TAX RECEIPTS
Discussion took place regarding a proposed increase in the existing fee schedule for local
business taxes.
Mr. Knight reported that the Village may not amend the business classifications set forth in
Section 17-33 of the Code of Ordinances; however, it may increase the existing fees by 5%.
Mr. Knight distnbuted a comparison of the business taxes imposed by neighboring municipalities
for certain types of businesses, as well as a list of current North Palm Beach businesses that are
taxed on inventory. Mr. Knight reviewed the classification of certain businesses and recommended
decreasing the business tax on stockbrokers and commodities brokers.
Mr. Knight discussed the collection of taxes for businesses that have a retail classification and
are charged according to the amount of inventory. Mr. Knight reported a discrepancy in the
current collection process, in which the fee for a retail business is capped at $1,500.00, and the
fee schedule attached to the record -copy of past ordinances, which does not reflect a cap.
Mr. Knight discussed the list of businesses that could be impacted by a cap, as well as the fees
that would be due (based on the amount of inventory) with or without a cap. Mr. Rubin noted
that the Village may decrease a fee or apply a cap. Council consensus was that the business tax
for retail businesses be capped at $7,500; further, that the tax for stockbrokers and commodity
brokers be decreased to be more in line with surrounding municipalities.
This item was moved forward to the next Regular Session agenda.
TELEPHONE AND DATA SYSTEMS
Director of Information Technology Michael Applegate gave a presentation concerning the
proposed change from AT&T to Nuvox Technologies for the provision of telephone and data
systems to Village facilities. Mr. Applegate reviewed problems with the current service provided
by AT&T and highlighted the advantages of migrating to Nuvox Technologies. Mr. Applegate
reported that data and phone services currently cost the Village an average of $11,000.00 per
month, while the cost for data services from Nuvox would be $4,188.00 per month or $50,256.00
per year, for an annual savings of almost $85,000.00. Mr. Applegate advised that upgrading
would require additional networking equipment at a cost of $14,071.86; however, funds are
available in the Finance Capital Project account that could be utilized for this expense.
By consensus, Council moved this item to the next Regular Session agenda.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:30 p.m.
Melissa Teal, CMC, Village Clerk