09-10-2009 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
SEPTEMBER 10, 2009
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Present:
Absent:
ROLL CALL
Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present, except
Vice Mayor Manuel, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Aubrey gave the invocation and Councilman Hernacki led the public in the Pledge
of Allegiance to the Flag.
AWARDS AND RECOGNITION
Mayor Norris proclaimed the month of September 2009 as National Sickle Cell Month in the Village
of North Palm Beach. Yvette Coursey of the Sickle Cell Foundation of Palm Beach County, Inc. was
present to receive the proclamation. Ms. Coursey invited the public to attend an Open House on
September 19, 2009 at the Sickle Cell Foundation headquarters at 1600 N. Australian Ave. in West Palm Beach
Mayor Norris proclaimed September 17, 2009 as Constitution Day and Citizenship Day, and the week
of September 17 - 23, 2009 as Constitution Week in the Village of North Palm Beach.
APPROVAL OF MINUTES
The Minutes ofthe Regular Session held 8/2709 were approved as written.
SECOND READING AND ENACTMENT 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
David B. Norris, Mayor
Darryl Aubrey, Sc.D., President Pro Tem
Edward M. Eissey, Ph.D., Councilman
T.R. Hernacki, P.E., Councilman
Jimmy Knight, Village Manager
Christy Goddeau, Village Attorney
Melissa Teal, CMC, Village Clerk
William Manuel, Vice Mayor
be adopted and enacted on second reading. Councilman Hernacki seconded the motion.
Minutes of Village Council Regular Session held September 10, 2009
Page 2 of 6
ALTERNATE METHOD OF CODE ENFORCEMENT continued
• Mr. Knight noted amended language in Section 2-251 of the proposed ordinance, to read "for which
enforcement by citation has been authorized" in order to clarify that only certain code sections are
subject to the citation method of enforcement. Mr. Knight advised that the applicable code sections
and fee schedule will be approved by resolution.
Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris
closed the public hearing.
Discussion took place concerning the proposed administrative fee referenced in Section 2-254(b).
Mr. Knight confirmed that this charge would only be assessed if a violator elected to challenge the
citation through a hearing before the Code Enforcement Board and the Board upheld the citation and
found the respondent in violation. It was noted that an administrative fee is not currently assessed to
those appearing before the Code Enforcement Board, regardless of whether or not a violation is found.
Ms. Goddeau noted that a violator who knows they are guilty benefits by paying the initial $25.00
citation, rather than contesting it and being subject to administrative costs in addition to the citation
fee, if the Code Enforcement Board determines that the violation occurred.
Thereafter, the motion to adopt and enact Ordinance 2009-11 on second reading passed unanimously.
PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILEAGE RATE ORDINANCE
AND BUDGET ORDINANCE
Councilman Eissey moved to adopt on first reading Ordinance 2009-13 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ESTABLISHING AND ADOPTING THE FINAL LEVY OF AD VALOREM TAXES
FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30,
2010; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Hernacki seconded the motion.
Councilman Eissey moved to adopt on first reading Ordinance 2009-14 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE VILLAGE OF NORTH PALM BEACH
FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30,
2010 AND AUTHORIZING ALLOCATIONS, APPROPRIATIONS AND EXPENDITURES IN
ACCORDANCE WITH THE BUDGET AND AS AUTHORIZED BY LAW; APPROVING A
COMPREHENSIVE PAY PLAN AND AUTHORIZING THE VILLAGE MANAGER TO MAKE
TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; PROVIDING FOR THE
CREATION OF GOVERNMENTAL FUNDS WHEN NECESSARY; PROVIDING FOR THE
RECEIPT OF GRANTS OR GIFTS; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS;
PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND THE RE-
APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE PRIOR FISCAL YEAR;
• PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
President Pro Tem Aubrey seconded the motion.
Draft Minutes of Village Council Regular Session held September 10, 2009 Page 3 of 6
• PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILEAGE RATE ORDINANCE
AND BUDGET ORDINANCE continued
Mr. Knight reported that the proposed ordinance sets the millage rate at 6.90 mils, which is a reduction
of $1,016,254 or 5.33% to the annual. budget and a reduction of $789,372 or 6.71% in Village tax
revenues and a decrease of 6.90% or .5114 mils from the fiscal year 2010 rolled back rate of 7.4144 mils.
Mayor Norris opened the public hearing.
Steffanie Barchat, 336 Golfview Road, stated she had hoped taxes would go down this year; however,
even though homes are more difficult to sell and are worth much less, her taxes went up. Mrs. Barchat
advised that she and her husband had planned to move to assisted living but will not be able to sell
their apartment with such a tremendously high tax rate.
Peter Scholla, 772 Harbour Isles Court, expressed concern about the proposed millage rate, which he
stated will be an increase over last year's millage rate, even after the current reduction from the
proposed rate. Mr. Scholla stated that when people are dealing with job losses, business failures, and
plummeting investments, it is not the time to compound the problem by hiking tax rates on homes.
Mr. Scholla suggested Council continue to aggressively trim the budget by cutting payroll and services
and temporarily suspend non-affordable special events. In particular, Mr. Scholla stated that any
capital improvements should not be considered until the economy improves.
Allen Strickland, 592 Anchorage Drive, requested clarification as to why the Village portion of his tax
bill went up 10.8%, when Council has cut the millage rate, the taxable value of homes remains flat, and
homestead exemption has been doubled.
Mr. Knight explained that even though the Village reduces taxes, there may be an increase due to the
difference between the assessed value and the market value of the property. President Pro Tem
Aubrey explained that the proposed tax was based on the rolled back rate of 7.4114 mils; however, the
final tax bill will be based on 6.90 mils.
There being no further comments from the public, Mayor Norris closed the public hearing.
Mr. Knight invited the public to pick up a copy of the "budget at a glance" handout prepared by the
Finance Director, which is available at this meeting.
Thereafter, the tentative millage rate of 6.90 was approved by unanimous vote.
Mayor Norris announced that the rolled back rate is 7.4114, the percentage decrease under the rolled
back rate is 6.9.%, and the millage rate to be levied is 6.90 mils.
The motion to adopt Ordinance 2009-13 on first reading passed unanimously. The motion to adopt
Ordinance 2009-14 on first reading passed unanimously.
Draft Minutes of Village Council Regular Session held September 10, 2009 Page 4 of 6
• 1ST READING OF ORDINANCE 2009-15 -ANNUAL FIRE INSPECTION AND PLAN REVIEW FEES
President Pro Tem Aubrey moved to adopt on first reading Ordinance 2009-15 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, RELATING TO THE COLLECTION OF ANNUAL FIRE INSPECTION AND PLAN
REVIEW FEES; AMENDING ARTICLE II, "FLORIDA FIRE PREVENTION CODE," OF
CHAPTER 12, "FIRE PREVENTION AND PROTECTION," OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 12-16, "ADOPTED BY REFERENCE," TO REFLECT
THE CURRENT EDITION OF THE FLORIDA FIRE PREVENTION CODE; AMENDING
SECTION 12-17, "FIRE INSPECTION FEE SCHEDULE," TO PROVIDE FOR THE ADOPTION
OF FEES BY RESOLUTION AND TO PROVIDE A MECHANISM FOR THE COLLECTION OF
FEES FOR BUILDINGS MANAGED BY A CONDOMINIUM OR COMMUNITY ASSOCIATION;
CREATING A NEW SECTION 12-18, "REVIEW OF CONSTRUCTION PLANS AND FIRE
SUPPRESSION, DETECTION, AND ALARM SYSTEMS AND ESTABLISHMENT OF A FEE
SCHEDULE," TO PROVIDE FOR PLAN REVIEW TO ENSURE COMPLIANCE WITH THE FIRE
PREVENTION CODE AND PROVIDE FOR THE ADOPTION OF REVIEW FEES; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE:
Councilman Eissey seconded the motion.
Discussion took place concerning property that is managed by a community association and where a
business tax receipt is not required. Mr. Knight explained that associations that manage larger multi-
family complexes are subject to payment of a business tax; however, apartment complexes and
condominiums that are governed by a board and not an association are not required to pay a business
tax; therefore, the proposed ordinance provides a mechanism to collect the fee for annual fire inspections.
It was clarified that references to 2006 in the proposed ordinance refer to the original date establishing
the fire inspection fee.
Discussion ensued regarding the October 1st due date for payment of the fee. It was noted that fire
inspections may be performed at any time during the year.
Thereafter, the motion to adopt Ordinance 2009-15 on first reading passed unanimously.
CONSENT AGENDA
Councilman Eissey moved to approve the consent agenda. President Pro Tem Aubrey seconded the
motion, which passed unanimously. The following item was approved:
Receive Minutes of Library Advisory Board meeting held 8/25/09
RESOLUTION 2009-49 -STATE AID TO LIBRARIES GRANT
President Pro Tem Aubrey moved to adopt Resolution 2009-49 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
• FLORIDA, APPROVING THE SUBMISSION OF AN APPLICATION FOR STATE AID TO
LIBRARIES GRANT FUNDING, PROVIDING THE REQUIRED ASSURANCES AND
CERTIFICATIONS, AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of Village Council Regular Session held September 10, 2009 Page 5 of 6
• RESOLUTION 2009-49 -STATE AID TO LIBRARIES GRANT continued
Councilman Hernacki seconded the motion.
Councilman Eissey left the meeting at 8:27 p.m.
The motion to adopt Resolution 2009-49 passed 3 - 0, with President Pro Tem Aubrey, Councilman
Hernacki, and Mayor Norris voting aye.
Councilman Eissey returned to the meeting at 8:29 p.m.
RESOLUTION -BUDGET AMENDMENT TO COMBINE SPECIAL REVENUE GRANT FUND
AND CAPITAL PROJECTS FUND
President Pro Tem Aubrey moved to adopt Resolution 2009-50 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
AMEND THE FISCAL YEAR 2008-2009 BUDGET FOR THE PURPOSE OF COMBINING THE
GRANT FUNDS AND CAPITAL PROJECT FUNDS RELATING TO THE CONSTRUCTION OF
THE TENNIS FACILITY IMPROVEMENTS INTO THE CAPITAL PROJECT FUND;
AMENDING RESOLUTIONS 2009-24, 2009-33, AND 2009-45 TO REFLECT EXPENDITURES
FROM THE CAPITAL PROJECTS FUND; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Councilman Hernacki seconded the motion, which passed unanimously.
FINAL CLOSEOUT OF TENNIS COURT REBUILDING PROJECT
Councilman Eissey moved to authorize final closeout of the Tennis Court Rebuilding project and final
payment to Fast-Dry Courts, Inc. in the amount of $14,490 in accordance with Village policies.
Councilman Hernacki seconded the motion, which passed with all present voting aye.
MAYOR AND COUNCIL MATTERS
Mayor Norris read a letter from a soldier thanking the Village of North Palm Beach for its support in
sending care packages to our military personnel. Mayor Norris thanked all the volunteers for their
tireless work in this regard.
Councilman Hernacki discussed the notice requirements in the Code of Ordinances with regard to
zoning changes. Councilman Hernacki opined that publication in the legal ad section of the Palm
Beach Post is not adequate to inform citizens of proposed changes in zoning and requested Council
discuss amending the Code to provide more stringent notice requirements, such as a sign on the
property. Additionally, Councilman Hernacki requested that notice of upcoming public hearings
before the Planning Commission and/or Village Council be provided on the website.
Mr. Knight advised the website has been updated to accommodate this request. This item will be
placed on an upcoming agenda for further discussion.
Councilman Hernacki requested that staff work with Public Safety to address an issue with extra long
trailers blocking the westbound lane out of the parking area at Anchorage Park Marina.
Draft Minutes of Village Council Regular Session held September 10, 2009 Page 6 of 6
• VILLAGE MANAGER MATTERS
Mr. Knight encouraged the public to take a copy of the Budget at a Glance handout. Mr. Knight
reported the tentative budget will be posted online tomorrow.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:40 p.m.
G~G~/ ~~~~~~ ~~~~~
Melissa Teal, CMC, Village Clerk