09-24-2009 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
SEPTEMBER 24, 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
Len 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
Mayor Norris gave the invocation and Vice Mayor Manuel led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 9/10/09 and the Minutes of the Special Session held 9/17/09
were approved as written.
STATEMENTS FROM THE PUBLIC
Richard Dwyer, 705 Harbour Point Drive, addressed the Council concerning rule changes proposed
by the Florida Fish and Wildlife Conservation Commission that would modify vessel speed zones in
certain portions of the Intracoastal Waterway within Palm Beach County. Council consensus was to
place this issue on the next Workshop Session agenda for discussion on 10/8/09.
SECOND READING AND ENACTMENT OF AD VALOREM TAX MILEAGE RATE ORDINANCE
AND BUDGET ORDINANCE
Councilman Eissey moved to adopt and enact on second 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.
• Vice Mayor Manuel seconded the motion.
Minutes of Village Council Regular Session held September 24, 2009 Page 2 of 5
SECOND READING AND ENACTMENT OF AD VALOREM TAX MILEAGE RATE ORDINANCE
• AND BUDGET ORDINANCE continued
President Pro Tem Aubrey moved to adopt and enact on second 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.
Councilman Hernacki seconded the motion.
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.
There being no comments from the public, Mayor Norris closed the public hearing.
Vice Mayor Manuel wished to note for the record that the initially proposed millage rate of 7.4114 was
not set by the Village, but was set by Tallahassee, due to Amendment 1 legislation in 2006. Vice Mayor
Manuel congratulated the Council and staff for their efforts in reducing the millage rate to 6.90.
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 and enact Ordinance 2009-13 on second reading passed unanimously. The
motion to adopt and enact Ordinance 2009-14 on second reading passed unanimously.
Mr. Knight thanked Finance Director Samia Janjua and Village staff for their hard work, and noted
that taxes have been reduced $997,872 over that last four years.
Mayor Norris expressed thanks to Mr. Knight and Mrs. Janjua for a tremendous job and noted the
• change in format of the budget, which makes it more descriptive and comprehensive.
Minutes of Village Council Regular Session held September 24, 2009 Page 3 of 5
SECOND READING AND ENACTMENT OF ORDINANCE 2009-15 -ANNUAL FIRE INSPECTION
• AND PLAN REVIEW FEES
Vice Mayor Manuel moved to adopt and enact on second 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 Hernacki seconded the motion.
Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris
closed the public hearing.
Discussion took place concerning notification to the six properties that did not comply last year.
Mr. Knight reviewed the process for billing and enforcement. It was requested that a copy of the
ordinance be provided with the biil. Discussion ensued regarding inspection of public properties.
Thereafter, the motion to adopt and enact Ordinance 2009-15 on second reading passed unanimously.
CONSENT AGENDA
Vice Mayor Manuel moved to approve the consent agenda. Councilman Eissey seconded the
motion, which passed unanimously. The following items were approved:
Receive Minutes of Golf Advisory Board meeting held 8/10/09
Receive Minutes of Recreation Advisory Board meeting held 9/8/09
RESOLUTION 2009-52- CODE ENFORCEMENT BY CITATION -CODE SECTIONS AND
PENALTY SCHEDULE
Councilman Eissey moved to adopt Resolution 2009-52 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, DESIGNATING THE CODE SECTIONS TO BE ENFORCED BY CITATION AND
• ESTABLISHING A SCHEDULE OF PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Manuel seconded the motion.
Minutes of Village Council Regular Session held September 24, 2009 Page 4 of 5
RESOLUTION 2009-52- CODF. ENFORCEMENT BY CITATION -CODE SECTIONS AND
• PENALTY SCHEDULE continued
Discussion took place concerning the code citation form. The form will be revised to add check boxes
for issuing a warning and for a fourth violation resulting in a mandatory appearance before the Code
Enforcement Board. Mr. Knight advised that Public Safety Dispatch will keep a log of all citations
issued, so that officers will know whether a violator has been cited previously for the same offense.
Thereafter, the motion to adopt Resolution 2009-52 passed unanimously.
RESOLUTION 2009-53 -ANNUAL FIRE INSPECTION FEES AND PLAN REVIEW FEES
Vice Mayor Manuel moved to adopt Resolution 2009-52 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ESTABLISHING ANNUAL FIRE INSPECTION FEES AND PLAN
REVIEW FEES; AND PROVIDING FOR AN EFFECTIVE DATE.
President Pro Tem Aubrey seconded the motion, which passed unanimously.
RESOLUTION 2009-54 -LEASE AGREEMENT FOR TENNIS PRO SHOP SERVICES
Vice Mayor Manuel moved to adopt Resolution 2009-54 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A LEASE AGREEMENT WITH TENNIS AND MORE, LLC
TO CONDUCT TENNIS PRO SHOP SERVICES AT THE VILLAGE TENNIS CENTER AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT;
AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Eissey seconded the motion.
Discussion was held on these issues: responsibility for cleaning the display area (Section 6.B);
separate cash registers to account for Tennis and More sales and Village operations; use of the
upstairs storage area (Section 1); liability insurance for fire damage (Section 10.C); and payment of
real estate taxes. Mr. Rubin will amend the lease agreement to add the phrase "in accordance with
posted load limits" to Section 1, increase the amount of liability insurance for fire damage from
$100,000 to $250,000 in Section 10.C, and specify that the lessee is responsible for payment of any
real estate taxes.
Vice Mayor Manuel moved to add the amendments to the lease agreement. President Pro Tem
Aubrey seconded the motion, which passed unanimously. Thereafter, the motion to adopt
Resolution 2009-54 passed unanimously.
MAYOR AND COUNCIL MATTERS
Vice Mayor Manuel gave an update on the Palm Beach County League of Cities Board of Directors
meeting and General Membership meeting held 9/23/09. Vice Mayor Manuel advised that copies of the
proposed ordinances regarding establishment of an Ethics Commission and Office of Inspector General,
• creation of a Code of Ethics, and a draft Charter Amendment are available in the Council's reading file.
Vice Mayor Manuel noted implementation of the proposals is projected to cost $2.2 million.
Minutes of Village Council Regular Session held September 24, 2009 Page 5 of 5
MAYOR AND COUNCIL MATTERS continued
• Vice Mayor Manuel reported a proposal by Palm Beach County Fire Rescue fora 1 % increase in
sales tax, which will require execution of an Interlocal Agreement by each municipality in order to
receive a portion of the tax, should the referendum receive voter approval.
Mayor Norris announced that the soldiers of Special Operations Task Force North have presented
the Village with an American flag that was flown over Fire Base Bennett in Tikrit, Iraq. Mayor
Norris read the American Flag Certificate and the Certificate of Appreciation for Patriotic Support
presented to the Village by the soldiers of Special Operations Task Force North. Mayor Norris
stated the receipt of these items and accompanying thank you letters is due to the efforts of our
volunteers, who send care packages to our soldiers.
VILLAGE MANAGER MATTERS
Mr. Knight reported that Golf Director Mike Gray is leaving to take a position with the Indian
Creek Golf Club.
Mr. Knight announced the Grand Opening of the new Tennis Facility will be held 10/3/09.
Mr. Knight noted that pursuant to his contract, the Council must conduct his performance evaluation
at this time; therefore, the evaluation form has been placed in each councilman's mailbox.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at x:25 p.m.
%~ _____-
Melissa Teal, CMC, Village Clerk
•