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07-22-2010 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JULY 22, 2010 Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor David B. Norris, President Pro Tem Robert A. Gebbia, Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk Absent: ROLL CALL T.R. Hernacki, P.E., Councilman Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were present, except Councilman Hernacki, who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Aubrey gave the invocation and Councilman Gebbia led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION On behalf of the Village Council, Mayor Manuel proclaimed the week of August 16 - 20, 2010 as Florida Water Professionals Week in the Village ofNorth Palm Beach. Phil Donovan, Region 6 Director, and members of the Florida Water and Pollution Control Operators Association were present to receive the proclamation. On behalf of the Village Council, Mayor Manuel presented Certificates of Appreciation to Code Enforcement Board members Alfred Cilcius and Chairman Eric Hoecker in recognition of their service to the Village ofNorth Palm Beach. APPROVAL OF MINUTES The minutes of the Regular Session held July 8, 2010 were approved as written. STATEMENTS FROM THE PUBLIC Steve Walter, 436 Gulf Road, addressed the Council regarding public safety issues and questions concerning an absentee owner renting out property subject to foreclosure proceedings. Mayor Manuel asked the Public Safety Director and Community Development Director to investigate • the matter and follow up with Mr. Walter. Minutes of Village Council Regular Session held July 22, 2010 Page 2 of 4 SECOND READING AND ENACTMENT OF ORDINANCE _2010-10 -CODE AMENDMENT ALLOWING DOGS IN SPECIFIC AREAS OF ANCHORAGE PARK A motion was made by Vice Mayor Aubrey and seconded by Councilman Gebbia to adopt and enact on second 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 noted a modification in the proposed ordinance from first reading regarding retractable leashes: page 2, Section 4-28 was revised to stipulate, "Retractable leashes are not permitted in public parks unless they are locked at a maximum length of eight (8) feet." Mayor Manuel opened the public hearing. Beverly Bingham, 404 Gulf Road, thanked the Council and offered to assist in enforcing the code and making it a positive experience for users of Anchorage Park. With no further comments from the public, Mayor Manuel closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2010-10 on second reading passed unanimously. Mayor Manuel requested that the Village Newsletter be used to inform the public about the dog walking regulations. SECOND READING AND ENACTMENT OF ORDINANCE 2010-11-CODE AMENDMENT - PERMITTED TEMPORARY SIGNS AND POLITICAL SIGNS A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey 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. Pursuant to Council's discussion at first reading, Mr. Knight advised that language was added to the proposed ordinance to provide that "Political signs shall not be placed on any parcel within the village without the consent of the property owner. For vacant parcels, the property owner's written consent must be filed with the village clerk prior to the erection or placement of any • temporary political signs." Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2010-11 on second reading passed unanimously. Minutes of Village Council Regular Session held July 22, 2010 CONSENT AGENDA Page 3 of 4 • Councilman Gebbia moved to approve the consent agenda. President Pro Tem Norris seconded the motion, which passed unanimously. The consent agenda included the following items: Resolution 2010-38 acknowledging Florida Public Utilities Company's filing of the Acceptance of Franchise Grant and approving the Agreement to Modify Franchise Ordinance between the Village and Florida Public Utilities Company Receive for file Minutes of Recreation Advisory Board meeting held 7/13/2010 RESOLUTION 2010-39 ADOPTED -TENTATIVE MILEAGE RATE A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey to adopt Resolution 2010-39 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A TENTATIVE MILEAGE RATE OF 7.4802 MILS FOR FISCAL YEAR 2010-2011; ESTABLISHING A DATE AND TIME FOR THE FIRST HEARING ON THE TENTATIVE BUDGET AND PROPOSED MILEAGE RATE; AUTHORIZING THE VILLAGE MANAGER TO SUBMIT THE REQUIRED FORMS TO THE PALM BEACH COUNTY PROPERTY APPRAISER; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight explained the statutory requirement to notify the Palm Beach County Property Appraiser of the tentative millage rate and date of the first public hearing on the millage and budget. Mr. Knight recommended Council set the tentative millage rate at the rolled-back rate of 7.4802. Mr. Knight reported that at the tentative rate of 7.4802 mils, ad valorem revenues would be reduced from the current year. Mr. Knight stated the first public hearing would be 9/16/2010 at 7:30 p.m. Mr. Knight advised that the tentative millage rate is the maximum millage rate that can be considered and noted the likelihood that the final millage rate would be less than 7.4802. Thereafter, the motion to adopt Resolution 2010-39 passed unanimously. RESOLUTION 2010-40 ADOPTED - AD HOC BUSINESS ADVISORY COMMITTEE A motion was made by Vice Mayor Aubrey and seconded by Councilman Gebbia to adopt Resolution 2010-40 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING AN AD HOC BUSINESS ADVISORY COMMITTEE TO PROVIDE RECOMMENDATIONS TO THE VILLAGE COUNCIL ON MATTERS AFFECTING BUSINESSES LOCATED WITHIN THE VILLAGE; PROVIDING FOR THE APPOINTMENT OF MEMBERS; PROVIDING FOR DUTIES; PROVIDING FOR PROCEDURAL REQUIREMENTS; PROVIDING FOR A LIMITED DURATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight related that the ad hoc Business Advisory Committee would be comprised of nine members representing three primary areas of businesses operating within the Village: retail businesses, professional services, and personal services. Mr. Knight reviewed the duties of the • committee and detailed plans to gather volunteers. Council discussed members, meeting facilities and funding for future business forums. Meetings will be held at Village Hall and open to the public. Council will determine its representatives when appointing members to the Board. Thereafter, the motion to adopt Resolution 2010-40 passed unanimously. Minutes of Village Councit Regular Session held July 22, 2010 Page 4 of 4 RESOLUTION 2010-41 ADOPTED -DESIGNATING ADDITIONAL CODE SECTIONS FOR ENFORCEMENT BY CITATION • A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey to adopt Resolution 2010-41 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING RESOLUTION 2009-52 TO DESIGNATE ADDITIONAL CODE SECTIONS TO BE ENFORCED BY CITATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight recommended that Council designate Sections 5-33, 5-35, and 18-36 of the Village Code of Ordinances for enforcement by the citation method in order to address parking violations throughout the Village, as well as violations of the boat launching permit requirements. Mr. Rubin advised adding a section to the proposed resolution to state, "all references to the Code Enforcement Board in Resolution 2009-52 are amended to refer to the Code Enforcement Special Magistrate." President Pro Tem Norris moved to amend Resolution 2010-41 as stated by the Village Attorney. Councilman Gebbia seconded the motion, which passed unanimously. Thereafter, the motion to adopt Resolution 2010-41, as amended, passed unanimously. INTERIM CODE ENFORCEMENT SPECIAL MAGISTRATE APPOINTMENT APPROVED President Pro Tem Norris moved to approve the appointment of Thomas J. Baird as interim Code Enforcement Special Magistrate for the Village. Vice Mayor Aubrey seconded the motion. Mr. Knight anticipated there could be two hearings using the interim Code Enforcement Special Magistrate. Brief discussion ensued on Mr. Baird's qualifications. Mr. Rubin advised a Request for Qualifications for a permanent Code Enforcement Special Magistrate would be issued soon. Thereafter, the motion to approve Mr. Baird's appointment as interim Code Enforcement Special Magistrate passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Manuel reminded Council of the Palm Beach. County League of Cities luncheon and Candidates Forum on 7/28/2010. Mayor Manuel announced the Kids Triathlon on Saturday at the North Palm Beach Country Club. Mayor Manuel noted that this year's National Night Out Against Crime event would be held at Anchorage Park on 8/3/2010 from 6:00 p.m. - 9:00 p.m. VILLAGE MANAGER MATTERS/REPORTS Mr. Knight gave an update on the status of Tropical Storm Bonnie. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:12 p.m. .~! ~~ ~~~~~ Melissa Teal, CMC, Village Clerk