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08-27-2009 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA AUGUST 27, 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 staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Manuel gave the invocation and Councilman Eissey led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Minutes of the Regular Session held 7/23/09 and the Minutes of the Special Session held 8/12/09 were approved as written. ITEM 6.C.1 MOVED TO END OF SECTION 6.E Because no one was present on behalf of True Treasures, this item was deferred to the end of Section 6.E on the agenda. FIRST READING OF ORDINANCE 2009-11-ALTERNATE METHOD OF CODE ENFORCEMENT Councilman Eissey moved that Ordinance 2009-11 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY ENACTING A NEW ARTICLE VII, "ALTERNATE METHOD OF CODE ENFORCEMENT;" PROVIDING FOR THE ISSUANCE OF CITATIONS; PROVIDING FOR THE FORM AND CONTENT OF CITATIONS; PROVIDING FOR THE CODE SECTIONS TO BE ENFORCED BY CITATION; PROVIDING FOR A RIGHT TO A HEARING AND A MAXIMUM PENALTY; PROVIDING A PENALTY FOR FAILURE TO ACCEPT A CITATION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE • be adopted on first reading. Vice Mayor Manuel seconded the motion. Minutes of Village Council Regular Session held August 27, 2009 Page 2 of 5 ALTERNATE METHOD OF CODE ENFORCEMENT continued • Discussion took place concerning Public Safety's discretion to issue a warning citation. Mr. Knight agreed that Public Safety has this option. A question was raised regarding the issuance of citations to minors. Mr. Rubin advised that there is no distinction in the code between. minors and adults because the code does not specifically exempt minors. Mr. Rubin advised that if Council wished to address minors specifically, it should be included in the ordinance. It was noted that although minors might not be cited as a matter of practice, it could become necessary in the case of repeated violations. It was requested that Mr. Rubin include language in Section 2-251 to clarify that only certain code sections are subject to the citation method of enforcement. Section 2-251 will be revised prior to second reading. Discussion ensued on Section 2-255 and the penalty for refusal to accept a citation. Chief O'Neill explained that it would be treated similarly to refusing to accept a traffic citation, which can result in custodial arrest and posting bond. Thereafter, the motion to adopt Ordinance 2009-11 on first reading passed unanimously. PUBLIC HEARING AND FIRST READING OF ORDINANCE 2009-12 -LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT 09-O1 Vice Mayor Manuel moved that Ordinance 2009-12 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AMENDMENT 09-01 TO THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PLAN TO IMPLEMENT AMENDMENTS RELATING TO ITS EVALUATION AND APPRAISAL REPORT AND ITS TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN, TO UPDATE ITS CAPITAL IMPROVEMENTS ELEMENT TO INCORPORATE NEW REQUIREMENTS AND TO ADOPT AMENDMENTS RELATED TO THE U.S. HIGHWAY ONE CORRIDOR STUDY; ADOPTING A NEW ANNEXATION ELEMENT; AMENDING THE GENERAL REQUIREMENTS, THE VILLAGE CHARACTER STATEMENT, THE FUTURE LAND USE ELEMENT, THE TRANSPORTATION ELEMENT, THE HOUSING ELEMENT, THE INFRASTRUCTURE ELEMENT, THE COASTAL MANAGEMENT ELEMENT, THE CONSERVATION ELEMENT, THE INTERGOVERNMENTAL COORDINATION ELEMENT, AND THE PUBLIC SCHOOL CONCURRENCY ELEMENT; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Councilman Eissey seconded the motion. Mr. Knight reported that the Planning Commission, acting as the Local Planning Agency, held a public hearing on 7/7/09 and recommended adoption of the amendment and supporting documentation. Mr. Knight noted that Table 3-5, Explanation of Flood Zone Map Designations, has been revised. Mayor Norris opened the public hearing, and announced that anyone wishing to be notified of the date of publication of the Notice of Intent by the Department of Community Affairs should sign the form on the table in the back of the room. There being no comments from the public, Mayor Norris closed the • public hearing. Thereafter, the motion to adopt Ordinance 2009-12 on first reading passed unanimously. Minutes of Village Council Regular Session held August 27, 2009 Page 3 of 5 CONSENT AGENDA • Councilman Eissey moved to approve the consent agenda. President Pro Tem Aubrey seconded the motion, which passed unanimously. The following items were approved: Receive Minutes of General Employees Pension Board meeting held 5/6/09 Recommendation: "The Board recognizes for the long term viability of the plan, that the lump sum option needs to be eliminated and further recommends that a period of transition be included for the benefit of the vested active and vested terminated employees." Recommendation: "for support in exploring the feasibility of joining the State Plan (FRS) for future employees, provided that the DB plan is closed." Receive Minutes of Police & Fire Pension Board meeting held 5/19/09 Receive Minutes of Code Enforcement Board meeting held 7/13/09 Receive Minutes of Golf Advisory Board meeting held 7/13/09 Receive Minutes of Recreation Advisory Board meeting held 7/14/09 Receive Minutes of Waterways Advisory Board meeting held 7/21/09 Receive Minutes of Library Advisory Board meeting held 7/28/09 Receive Minutes of Code Enforcement Board meeting held 8/3/09 Receive Minutes of General Employees Pension Board meeting held 8/5/09 Receive Minutes of Audit Committee meeting held 8/6/09 Receive Minutes of Recreation Advisory Board meeting held 8/11/09 (re: FRDAP Grant) Recommendation: "to move forward with the grant process and the creation of the Park." (Memorial Park) Receive Minutes of Recreation Advisory Board meeting held 8/11/09 (re: FRDAP Grant) Recommendation: "moving forward with the grant process and the resurfacing of the pool" Receive Minutes of Recreation Advisory Board meeting held 8/11/09 (Regular) RESOLUTION 2009-46 -COMPREHENSIVE PLAN AMENDMENT 09-O1 SUPPORTING DOCUMENTS Vice Mayor Manuel moved that Resolution 2009-46 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING THE DATA, ANALYSIS AND STUDIES SUPPORTING COMPREHENSIVE PLAN AMENDMENT 09-01; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Eissey seconded the motion. Planning Consultant Jim Fleischmann of Land Research Management, Inc. reviewed the methodology used to determine population projections. Mr. Fleischmann noted these numbers would need to be updated in the next Evaluation and Appraisal Report after the 2010 census. Federal and State funding, Mr. Fleischmann advised, is usually based on the current year's population estimate as determined by • the University of Florida. Mr. Fleischmann advised that population projections in the Comprehensive Plan are consistent with the University of Florida's current estimates. Thereafter, the motion to adopt Resolution 2009-46 passed unanimously. Minutes of Village Council Regular Session held August 27, 2009 Page 4 of 5 RESOLUTION -GRAND JURY'S REPORT ON THE INVESTIGATION OF PBC GOVERNANCE • AND PUBLIC CORRUPTION ISSUES (TABLED ON 7/23/09) Councilman Eissey moved to take this item from the table. With no second to the motion, this matter remained tabled. RESOLUTION 2009- 47 -ANNUAL STREET OVERLAY PAVING CONTRACT Vice Mayor Manuel moved to adopt Resolution 2009-47 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AWARDING A CONTRACT TO CHARLES S. WHITESIDE, INC. TO PROCEED WITH THE OVERLAY PAVING OF VILLAGE STREETS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hernacki seconded the motion. Mr. Knight reported that the annual street overlay program is a 10-year program that provides for overlay paving of all Village streets, with priority based on condition. Mr. Knight noted 14 streets are scheduled for overlay paving this year, with expected completion of the program in FY 2011. A question was raised regarding paving of the alleys. Public Works Director Wiley Livingston advised that alleys are included in the 10-year program. Thereafter, the motion to adopt Resolution 2009-47 passed unanimously. RESOLUTION 2009-48 -REQUEST FOR FUNDING AND LEGISLATION TO ADDRESS BEACH EROSION Vice Mayor Manuel moved to adopt Resolution 2009-48 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA REQUESTING THE ASSISTANCE OF GOVERNOR CRIST AND THE FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING AND ENACT STRONGER LEGISLATION DIRECTED TOWARD RESOLVING THE BEACH EROSION CRISIS WITHIN THE STATE OF FLORIDA; PROVIDING FOR DISTRIBUTION; AND PROVIDING FOR AN EFFECTIVE DATE. President Pro Tem Aubrey seconded the motion, which passed unanimously. TRUE TREASURES ANTIQUES AND FINE CONSIGNMENTSAPPEAL -DENIED True Treasures Antiques and Fine Consignments submitted an appeal to the Village Council to overturn the decision of the Planning Commission to deny its request to paint 12 inch red/burnt orange stripes on the east side of the building at 617 Northlake Boulevard. No one was present on behalf of True Treasures. Mr. Rubin advised that True Treasures was notified of the hearing, as listed on the published agenda, and that Council may proceed to hear the issue or may continue it to the next • meeting. Councilman Hernacki moved to continue the appeal to the next Council meeting. There being no second, the motion failed. , Minutes of Village Council Regular Session held August 27, 2009 Page 5 of 5 TRUE TREASURES ANTIQUES AND FINE CONSIGNMENTS APPEAL continued • Mr. Knight noted receipt today of a letter from True Treasures, which references the hearing. Mr. Knight advised that Section 6-35 of the Code of Ordinances provides for appeal to the Village Council on any ruling of the Planning Commission relating to the Appearance Code. Mr. Knight reported that the Planning Commission approved the request to paint the building and detailed the painting options offered by the Planning Commission in lieu of stripes. Mr. Knight stated that a flag has since been painted on the building's side, and noted this does not conform to the Code of Ordinances. Village Planner Jodi Nentwick advised that the Planning Commission based its ruling on the Appearance Code. Mr. Rubin referred to the Code of Ordinances, which stipulates that the appeal must "set forth the alleged inconsistency ornon-conformity with procedures or criteria set forth in the article." Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Councilman Hernacki moved to deny the appeal based on the design submitted in the appeal application package on page 5. Vice Mayor Manuel seconded the motion, which passed unanimously. MAYOR AND COUNCIL MATTERS Mayor Norris noted receipt of a Certificate of Appreciation from the Florida League of Cities, which was awarded to the Village for its adoption of the `Building Citizenship in the Community -Back to Basics" resolution supporting civic education. Vice Mayor Manuel reported on the August meeting of the Palm Beach County League of Cities, and advised that the League is seeking representatives from the municipalities to participate in a civic education outreach to local middle schools during "Government Week" in October. Vice Mayor Manuel announced a joint meeting on October 28, 2009 of the Board of County Commissioners, the School Board, and the Palm Beach County League of Cities regarding the Grand Jury's Report on the Investigation of Palm Beach County Governance And Public Corruption Issues. Vice Mayor Manuel gave a brief update on the Annual Florida League of Cities Conference. VILLAGE MANAGER MATTERS Mr. Knight reported a change order with David Brooks Enterprises in the amount of $1,276 for installation of crown molding in the lobby and retail area of the new Tennis Facility. Mr. Knight announced receipt of $122,049.90 in FRDAP grant funds, as well as $30,150 for Department of Public Safety EMS grant. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:12 p.m. ~- • Melissa Teal, CMC, Village Cler