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07-08-2010 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • JULY 8, 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 Jennifer Hunecke, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Manuel gave the invocation and President Pro Tem Norris led the public in the Pledge. APPROVAL OF MINUTES The minutes of the Regular Session held 6/24/2010 were approved. SECOND READING AND ENACTMENT OF ORDINANCE 2010-09 -CODE AMENDMENT - CODE ENFORCEMENT SPECIAL MAGISTRATE A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt and enact on second reading Ordinance 2010-09 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" OF THE VILLAGE OF ORDINANCES BY AMENDING ARTICLE VI, "CODE ENFORCEMENT BOARD," TO PROVIDE FOR THE APPOINTMENT OF CODE ENFORCEMENT SPECIAL MAGISTRATES IN LIEU OF A CODE ENFORCEMENT BOARD, TO REMOVE REDUNDANT AND UNDULY RESTRICTIVE LANGUAGE AND TO ENSURE COMPLIANCE WITH CHAPTER 162, FLORIDA STATUTES; AMENDING SECTIONS 2- 172, "DEFINITIONS," 2-173, "APPLICABILITY," 2-174, "ORGANIZATION OF BOARD," 2-175, "ENFORCEMENT PROCEDURE," 2-176, "CONDUCT OF HEARING, 2-177, "POWERS OF ENFORCEMENT BOARD," 2-178, "FINES; LIENS," 2-179, "DURATION OF LIEN," 2-180, "APPEAL," AND 2-181, "NOTICES;" ADOPTING NEW SECTION 2-183, "PROVISIONS SUPPLEMENTAL;" PROVIDING FOR TRANSITION OF PENDING MATTERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. • Mr. Knight reviewed the changes from first reading as follows: page 2, Section 2-173, Applicability, reference to the gas, mechanical, and plumbing code was revised to specify the Florida building code; page 5, Section 2-174, Qualifications, was revised to stipulate that the special magistrate must have a minimum of ten years of Florida local government or municipal experience. Minutes of Village Council Regular Session held July 8, 2010 Page 2 of 4 SECOND READING AND ENACTMENT OF ORDINANCE 2010-09 -CODE AMENDMENT - • CODE ENFORCEMENT SPECIAL MAGISTRATE continued Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel closed the public hearing. Discussion took place concerning the transition from the Code Enforcement Board to the Special Magistrate. Mr. Knight and Village Attorney Len Rubin recommend engaging a temporary special magistrate to preside over the August Code Enforcement Hearing. Mr. Knight detailed options for the appointment of a permanent special magistrate: advertise a Request for Qualifications (RFQ) for qualified attorneys to perform this function, or direct the Village Attorney to locate an attorney, using the qualifications set forth in Ordinance 2010-09. Further, Mr. Knight suggested that members of the Code Enforcement Board be formally recognized for their service, dedication, and commitment to the Village at the next Regular Session on 7/22/2010. By consensus, Council directed that the Village Attorney locate a qualified attorney to preside over Code Enforcement Hearings on a temporary basis until a permanent special magistrate is selected by Council through the RFQ process. Thereafter, the motion to adopt and enact Ordinance 2010-09 on second reading passed unanimously. FIRST READING OF ORDINANCE 2010-10 -CODE AMENDMENT ALLOWING DOGS IN SPECIFIC AREAS OF ANCHORAGE PARK A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to adopt on first reading Ordinance 2010-10 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 4, "ANIMALS AND FOWL," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE II, "DOGS AND CATS," TO ALLOW DOGS IN SPECIFIC AREAS OF ANCHORAGE PARK; PROHIBITING RETRACTABLE LEASHES IN PUBLIC PARKS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight advised that the proposed ordinance allows for walking of dogs on-leash, on specific perimeter pathways within Anchorage Park as referenced in Exhibit "A." Discussion ensued on page 2, Section 4-28(a) regarding prohibiting retractable leashes. Council determined that regulations should be consistent in all Village parks in this regard; therefore, retractable leashes would not be permitted in any public parks. Discussion took place concerning signage at Anchorage Park. Mr. Knight advised that in addition to marking the designated pathway, signage would be erected using the depiction of the permissible area shown on the map in Exhibit "A." Council discussed enforcement. In addition to enforcement by Public Safety and Code • Compliance, it was suggested that volunteers could be utilized for this purpose. The Recreation Department will be in charge of recruiting and organizing volunteers. Thereafter, the motion to adopt Ordinance 2010-10 on first reading passed unanimously. Minutes of Village Council Regular Session held July 8, 2010 Page 3 of 4 FIRST READING OF ORDINANCE 2010-11 -CODE AMENDMENT -PERMITTED • TEMPORARY SIGNS AND POLITICAL SIGNS A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt on first reading Ordinance 2010-11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE V, "SIGNS AND OUTDOOR DISPLAYS," OF CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 6-114, "PERMITTED TEMPORARY SIGNS," TO CLARIFY THE MAXIMUM SIZE REQUIREMENT FOR NON-POLITICAL SIGNS LOCATED ON CERTAIN VACANT RESIDENTIAL LOTS AND MODIFY THE REGULATIONS APPLICABLE TO POLITICAL SIGNS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight stated the proposed ordinance would amend the provisions of the Village sign code relating to permitted temporary signs to provide maximum size requirements for non-political signs on vacant lots within the R-1 and R-2 zoning districts and would limit political signs to one sign per candidate or issue per parcel during any federal, state, county, or municipal election. Discussion took place concerning adding a requirement clarifying that signs may not be placed on vacant lots without written approval of the property owner. It was suggested that language be added to the ordinance specifying that erection of political signs requires approval of the property owner and with regard to vacant lots, the candidate must supply written evidence of approval. Thereafter, the motion to adopt Ordinance 2010-11 on first reading passed unanimously. CONSENT AGENDA President Pro Tem Norris moved to approve the consent agenda. Councilman Hernacki seconded the motion, which passed unanimously. The consent agenda included the following items: Receive for file Minutes of Golf Advisory Board meeting held 6/14/2010 Receive for file Minutes of Library Advisory Board meeting held 6/22/2010 Receive for file Minutes of Zoning Board of Adjustment meeting held 6/29/2010 RESOLUTION 2010-37 ADOPTED -OPPOSING AMENDMENT 4 A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt Resolution 2010-37 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD FORCE VOTERS TO .DECIDE ALL AMENDMENTS TO MUNICIPAL AND COUNTY COMPREHENSIVE LAND USE PLANS AND URGING CITIZENS TO VOTE NO ON AMENDMENT 4; AND PROVIDING FOR AN EFFECTIVE DATE. • Mr. Knight stated that Amendment 4, if passed, would alter the process and nature of local land use decisions by making all approved comprehensive plan amendments subject to an election; whereas, currently each local government's governing body, as the elected representatives of its citizens, are responsible for the adoption or amendment of the comprehensive plan. Minutes of Village Council Regular Session held July 8, 2010 Page 4 of 4 RESOLUTION 2010-37 ADOPTED -OPPOSING AMENDMENT 4 continued • Mr. Knight advised that a significant concern regarding Amendment 4 is its potential negative impact on the ability to promote positive economic development, and noted that by requiring a referendum vote on every comprehensive plan amendment, Amendment 4 would likely result in higher taxes, fewer economic opportunities, and increased litigation. It was noted that expenses for a referendum election could be as much as $15,000 for each election held. Discussion ensued on allowable methods by which the Council may communicate its position on the proposed amendment. Village Attorney Jennifer Hunecke opined that Chapter 106, Florida Statutes, would prohibit spending public funds on a paid political advertisement in a newspaper such as the Palm Beach Post. Discussion ensued regarding citizen awareness of proposed actions. It was observed that residents have the opportunity to attend Council meetings and participate in discussions about long-term plans for the Village, which provides for in-depth review and consideration of any proposed land use changes. It was noted that Council enacted additional notice requirements, including posting signage on properties that are the subject of requests for changes that affect zoning or land use. It was suggested that the Village consider. hosting a forum regarding candidates and issues for the purpose of civic education. A suggestion was made that information concerning items to be considered by the Planning Commission be made available to the public on the Village website, similar to what is provided for regular meetings of the Council. Thereafter, the motion to adopt Resolution 2010-37 passed unanimously. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:12 p.m. • ~_ Melissa Teal, CMC, Village Clerk •