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2014-09 Adopting Budget for FY 2014-2015ORDINANCE NO. 2014 -09 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, 2014 AND ENDING SEPTEMBER 30, 2015 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; APPROVING A MASTER FEE SCHEDULE; 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; AMENDING SECTION 14 -30, "COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES," SECTION 6 -111, "GENERAL PROVISIONS," SECTION 21 -1, "SAME — FILING FEES AND COSTS FOR CHANGES," SECTION 45 -35.1, "PLANNED UNIT DEVELOPMENT," SECTION 45 -49, "APPLICATIONS FOR REZONING, ETC.," AND SECTION 45 -50, "APPLICATION FOR VARIANCES," OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF VARIOUS SANITATION AND PLANNING AND ZONING FEES IN THE MASTER FEE SCHEDULE; PROVIDING FOR LIMITED CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 11, 2014 and September 25, 2014, the Village Council conducted duly advertised public hearings to review the proposed Annual Budget for the fiscal year commencing October 1, 2014 and ending September 30, 2015 ( "Fiscal Year 2014 /2015 ") and has adopted a final Annual Budget to meet the needs and requirements of the Village and its residents for the upcoming fiscal year; and WHEREAS, the Village Council wishes to remove various sanitation and planning and zoning fees from the Village Code of Ordinances to allow for the establishment of such fees through the adoption of the Master Fee Schedule as set forth in the Annual Budget. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The proposed Annual Budget for Fiscal Year 2014/2015, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and established as the Village of North Palm Beach's Annual Budget for Fiscal Year 2014/2015. Page 1 of 6 Section 2. The amounts allocated in the Annual Budget for expenditure effective October 1, 2014 are authorized in accordance with the purposes as set forth in the Annual Budget. Section 3. The Annual Budget includes an appropriation of two - tenths of a mil for a total of $305,746.00 to be transferred to the Capital Projects Fund to finance the General Fund's Capital Improvement Plan. Section 4. Except as otherwise provided herein, the Annual Budget establishes limitations on expenditures by fund, and the total appropriation of each fund may not be increased or decreased without specific authorization by a duly enacted Ordinance effecting such amendment or transfer. However, specific activity and department amounts may be exceeded upon authorization of the Village Manager so long as excesses exist in other activities within said fund budget. Notwithstanding the foregoing, the Village Council shall approve, by ordinance or resolution (as required), the transfer of all appropriations in excess of $10,000 and all transfers from the Village's Unassigned Fund Balance Account or Council Contingency Account. Section 5. The Comprehensive Pay Plan, as set forth in the Annual Budget, is hereby approved. In the event that an authorized position is vacant and monies are available within a department's salary appropriation to fund a temporary appointment to the vacant position, the Village Manager may appoint a temporary employee to fill said vacant position for a period not to exceed 90 days. Said temporary appointment may be renewable for an additional 90 -day period and may only be made for the period pending the filling of the authorized position by a permanent employee. The pay for a temporary employee shall be within the pay scale of an approved Village Pay Plan position. Section 6. The Master Fee Schedule for Fiscal Year 2014/2015, as set forth in the Annual Budget, is hereby approved. Section 7. When the Village receives monies from any private or governmental source by gift, grant or contribution, to which there is attached as a condition of acceptance any limitation regarding the use or expenditure of the monies received, the funds so received need not be shown in the Annual Budget nor shall the Budget be subject to amendment or expenditure as a result of the receipt of said monies. Said monies shall only be disbursed and applied toward the purposes for which said funds were received. All monies received as contemplated by this section shall be segregated and accounted for based on Generally Accepted Accounting Principles (GAAP) and where appropriate, placed into separate and individual Governmental Fund accounts from which monies are disbursed and applied in accordance with the terms and conditions of the gift, grant or contribution. Section 8. The omnibus appropriation and expenditure authorization set forth herein may be temporarily or permanently suspended by Resolution of the Village Council if at any time it appears that the projected revenue supporting the above - described budget is below anticipated levels or may be temporarily or permanently suspended by Resolution of the Village Council for any other reason or purpose deemed proper by the Village Council. Section 9. Except as otherwise provided herein, in the event a variation from the total budget appropriation is or becomes necessary, such variation shall only become legally effective upon the adoption of an amending Ordinance consistent with Florida Statutes, the Village Charter and the Village Code of Ordinances. Page 2 of 6 Section 10. All outstanding encumbrances for Non - Capital and Capital Expenditures on September 30, 2014 shall lapse at that time, and all unexpended Capital Expenditure encumbrances and other encumbrances specifically designated to be carried over to the subsequent year may be added to the corresponding approved 2014/2015 available budget balances and be simultaneously re- appropriated for expenditure, as previously approved in the 2013/2014 Fiscal Year. Section 11. The Village Council hereby amends Division 2, "Garbage Collection and Disposal," of Article I1, "Garbage, Trash and Refuse," of Chapter 14, "Health and Sanitation," by amending Section 14 -30 to read as follows (additional language is underlined and deleted language is stricken tl}reugh): Sec. 14 -30. Commercial use property waste disposal fees and collection procedures. (2) Annual disposal fees for garbage and trash and all other refuse collected by the Village of North Palm Beach shall be charged as herein provided in the master fee schedule adopted annually as part of the village budget, except as otherwise stated:, Fee e,,,,af Too per- Low 0:068 Medium 0 Hio 0:96-7 Section 12. The Village Council hereby amends Article V, "Signs and Outdoor Displays," of Chapter 6, "Buildings and Building Regulations," by amending Section 6 -111 to read as follows (additional language is underlined and deleted language is str-ieke flffe o): Sec. 6 -111. General provisions. (E) Variance. (3) All applications for variances to regulations established by this article shall be filed with the community development director upon a form supplied by the village. The application shall be accompanied by a the filing fee of one h,,ndfea fifty a^" °r° 41-50.00) established in the master fee schedule adopted annuallv as part of the village budget. Page 3 of 6 Section 13. The Village Council hereby amends Article I, "In General," of Chapter 21, "Planning and Development," by amending Section 21 -1 to read as follows (additional language is underlined and deleted language is °tree e thfo ug ): Sec. 21 -1. Same — Filing fees and costs for changes. (c) Fees; application. All petitions to amend the village comprehensive plan shall be done by application to the village council. The application to the village council may be made by any owner of property located within the village. Such application shall be filed with the building department of the village, which shall transmit the same, together with all legal descriptions, ownership information, requested change to the comprehensive plan, etc., to the village council. Any such application must be accompanied by a the filing fee of throe hundred dollars ($300.00) established in the master fee schedule adopted annually part of the village budget together with a deposit of the estimated costs of the village in processing the application. Upon the village determining the actual costs, applicants shall pay the balance, if any, in full of such costs including advertising and cost of review by the village engineer prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. Section 14. The Village Council hereby amends Article III, "District Regulations," of Chapter 45 (Appendix C), "Zoning," by amending Section 45 -35.1 to read as follows (additional language is underlined and deleted language is strieken thfe t ): Sec. 45 -35.1. Planned unit development. K X II. Filing of application. A. Any person may file an application with the village council for minor modifications of the provisions of this chapter. This application shall contain at least the following: 6. The fee for filing an application for a planned unit development shall be one hundr-ed dollars ($100.00) aefe fef eaeh- aefe eantained within the boun ar-y - =vrcn� development plan, plus a pr-or-ated amount ef the per- aer-e fee for any peftion of the development plan whieh exeee- - event divisible aereage established in the master fee scheduled adopted annually as part of the village budget. Page 4 of 6 Section 15. The Village Council hereby amends Article VI, "Amendments — Fees; Waiting Periods," of Chapter 45 (Appendix C), "Zoning," by amending Sections 45 -49 and 45 -50 to read as follows (additional language is underlined and deleted language is stfieken thfough): Sec. 45 -49. Applications for rezoning, etc. (1) All applications for rezoning and all applications to amend, supplement, modify or repeal the boundaries, districts, regulations or restrictions established by this chapter shall be done by application to the planning commission of the village. The application to the planning commission may be made by any property owner or tenant or by a governmental office, department, board or bureau. Such applications shall be filed with the community development department of the village, which shall transmit the same, together with all the plans, specifications, application blank and other papers pertaining to the application, to the planning commission. Any such application, except by a governmental agency, must be accompanied by a the filing fee of thfee huff cell established in the master fee schedule adopted annually as part of the village budget together with a deposit of the estimated cost of the village processing the application. Upon the village determining the actual costs, applicants shall pay the balance, if any, in full of such costs including advertising prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. Sec. 45 -50. Application for variances. (1) All applications for variances to regulations or restrictions established by this ordinance shall be done by application to the board of adjustment of the village. The application to the board of adjustment may be made by any property owner or tenant or by a governmental office, department, board or bureau. Such applications shall be filed with the community development director of the village, who shall transmit the same, together with all the plans, specifications, application blank and other papers pertaining to the application, to the board of adjustment. Any such application, except by a governmental agency, must be accompanied by a the filing fee of two h. ndr- °a dollars ($200.00) established in the master fee schedule adopted annually as part of the village budget. Section 16. The provisions of Sections 11 through 15 of this Ordinance shall become and be made a part of the Code of Ordinances of the Village of North Palm Beach, Florida. Section 17. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Page 5 of 6 Section 18. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 19. This Ordinance shall be effective immediately upon adoption and shall be implemented October 1, 2014. PLACED ON FIRST READING THIS 11th DAY OF SEPTEMBER, 2014. PLACED ON SECOND, FINAL READING AND PASSED THIS 25th DAY OF SEPTEMBER, 2014. (Village Seal) ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 6 of 6 MAYOR