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05-13-2010 VC WS-MMINUTES OF THE WORKSHOP SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • MAY 13, 2010 Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor David B. Norris, President Pro Tem T.R. Hernacki, P.E., Councilman Robert A. Gebbia, Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Manuel called the meeting to order at 8:42 p.m. All members of Council were present. All members of staff were present. CODE ENFORCEMENT BOARD Discussion was held concerning the use of a Code Enforcement Board or Special Magistrate to enforce the codes and ordinances of the Village. Pursuant to discussion at its 3/25/2010 Workshop Session regarding further information on the Special Magistrate system, Council was provided with recordings of Special Magistrate hearings from other area municipalities. Additionally, Council was provided with the recording of the Village of North Palm Beach Code Enforcement Board Hearing and Workshop held 5/3/2010. During Council discussion, it was noted that the Code Enforcement Board has been a valuable asset to the Village. Council expressed its intent to act in the best interests of the Village, and observed that the goal of enforcement is obtaining voluntary compliance with Village codes. Discussion ensued on the differences between the two processes with regard to expenses and staff involvement. Mr. Knight advised that an attorney must be retained regardless of whether a Special Magistrate or Code Enforcement Board is used. Mr. Knight descnbed the Village staffpresent at the hearings, which include both salaried and hourly wage employees. Mr. Knight stated that Code Enforcement hearings by Special Magistrate could take less time to conduct, since the magistrate is an attorney with special training in this area of the law. Mr. Knight reported that only six municipalities in Palm Beach County (Village included) use a Code Enforcement Board. Mr. Knight noted that although some cities, including Lake Park and Jupiter, used both Code Enforcement Board and Special Magistrate concurrently for a period of time, the dual system was phased out in those cities. Council considered whether use of a Special Magistrate would provide a more cost effective and efFicient method of enforcement. Concern was voiced regarding the issue of requiring neighbors to sit in judgment of other neighbors, • particularly in a small community. Minutes of Village Council Workshop Session held May 13, 2010 Page 2 of 2 • Discussion took place regarding developing and implementing a fine schedule for code violations. Mr. Rubin advised that a schedule of fines should not be adopted by ordinance; however, it may be possible to adopt a resolution establishing guidelines for code violation fines. Discussion was held concerning updating the Village Code of Ordinances to follow the provisions of Chapter 162, Florida Statutes. An ordinance updating Village Code provisions with Florida Statutes, will be taken up at another time. By consensus, Council directed that an ordinance be prepared for Council consideration at an upcoming Regular Session, at which time Council will continue its deliberations on using the Code Enforcement Board or Special Magistrate to conduct code enforcement hearings. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:22 p.m. Melissa Teal, CMC, Village Clerk •