09-08-2011 VC REG-M MINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
SEPTEMBER 8, 2011
Present: Darryl C. Aubrey, Sc.D., Mayor
David B. Norris, Vice Mayor
T.R. Hernacki, P.E., Councilman
Robert A. Gebbia, Councilman
Len Rubin, Village Attorney
James Titcomb, Village Manager
Melissa Teal, CMC, Village Clerk
Absent: William L. Manuel, President Pro Tem
ROLL CALL
Mayor Aubrey called the meeting to order at 7:30 p.m. All members of Council were present,
except President Pro Tern Manuel, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Gebbia gave the invocation and Mayor Aubrey led the public in the Pledge
of Allegiance.
AWARDS AND RECOGNITION
Mayor Aubrey proclaimed September 17, 2011 as Constitution Day and Citizenship Day and the
week of September 17—23 as Constitution Week in the Village of North Palm Beach.
APPROVAL OF MINUTES
The second revision to the minutes of the Regular Session held 8/25/11 was approved as written.
PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE
ORDINANCE AND BUDGET ORDINANCE
A motion was made by Vice Mayor Norris and seconded by Councilman Gebbia to adopt on first
reading Ordinance 2011-16 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, 2011 AND
ENDING SEPTEMBER 30, 2012; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN
• EFFECTIVE DATE.
Minutes of Village Council Regular Session held September 8, 2011 Page 2 of 3
PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE
ORDINANCE AND BUDGET ORDINANCE continued
• A motion was made by Vice Mayor Norris and seconded by Councilman Hernacki to adopt on
first reading Ordinance 2011-17 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, 2011 AND ENDING
SEPTEMBER 30, 2012 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.
Mr. Titcomb noted that pursuant to discussions during Budget Workshop Sessions, Council
consensus was to keep the millage rate at 6.9723 for the 2011 —2012 fiscal year.
Mayor Aubrey opened the public hearing on the ad valorem tax millage rate and budget. With
no comments from the public, Mayor Aubrey closed the public hearing.
Discussion took place concerning Ordinance 2011-17, Section 4, which provides for temporary
appointments to fill vacant positions. Discussion ensued on Section 8 regarding encumbrances.
Finance Director Samia Janjua explained procedures pertaining to outstanding encumbrances or
open purchase orders.
Thereafter, the tentative millage rate of 6.9723 was approved by unanimous vote.
Mayor Aubrey announced that the rolled back rate is 7.2240, the percentage decrease under the
rolled back rate is 3.48%, and the millage rate to be levied is 6.9723 mils.
The motion to adopt Ordinance 2011-16 on first reading passed unanimously. The motion to
adopt Ordinance 2011-17 on first reading passed unanimously.
FIRST READING OF ORDINANCE 2011-18—REGULATION OF FIREARMS
Councilman Hernacki moved to adopt on first reading Ordinance 2011-18 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, RELATING TO STATE PREEMPTION OF THE REGULATION OF
FIREARMS AND AMMUNITION; AMENDING ARTICLE I, IN GENERAL," OF CHAPTER 8,
"EMERGENCY MANAGEMENT,"BY AMENDING SECTION 8-5, "DECLARATION OF STATE
OF EMERGENCY,"TO DELETE THE AUTHORITY TO SUSPEND OR REGULATE THE SALE
• OF AMMUNITION AND FIREARMS;AMENDING ARTICLE VIII,"WEAPONS,"OF CHAPTER 19,
"OFFENSES AND MISCELLANEOUS PROVISIONS," BY AMENDING SECTION 19-183,
"POSSESSION,"TO REMOVE THE REGULATION OF GAS-OPERATED GUNS AND DELETE
REFERENCES TO THE CONCEALED OR OPEN CARRYING OF ANY TYPE OF FIREARM;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held September 8, 2011 Page 3 of 3
FIRST READING OF ORDINANCE 2011-18—REGULATION OF FIREARMS continued
The motion was seconded by Councilman Gebbia.
r Mr. Titcomb explained that the State of Florida is responsible for firearms regulations and recent
p I� g
legislation reaffirmed the state's preemption of the regulation of firearms and imposed penalties on
local officials who violate this preemption.
Thereafter,the motion to adopt Ordinance 2011-19 on first reading passed unanimously.
CONSENT AGENDA
Councilman Hernacki moved to approve the consent agenda. The motion was seconded by
Councilman Gebbia and passed unanimously. The consent agenda included the following items:
Receive for file Minutes of the Planning Commission meeting held 8/2/11
Receive for file Minutes of the Golf Advisory Board meeting held 8/8/11
Receive for file Minutes of the Audit Committee meeting held 8/17/11
VILLAGE COUNCIL MATTERS/REPORTS
Mayor Aubrey discussed the need to appoint an alternate Special Magistrate to conduct Code
Enforcement hearings, due to the resignation current alternate, David Schmidt. Mayor Aubrey
requested Council consider appointing Douglas MacGibbon as alternate. Mayor Aubrey noted
that Mr. MacGibbon received the third highest number of votes during the original selection
process in 2010. By consensus, Council directed that a resolution appointing Mr. MacGibbon be
placed on the next agenda for consideration and approval.
Mayor Aubrey reminded Council to forward any suggestions for an Audit Committee project to
the Village Clerk. Council will discuss suggestions at an upcoming meeting.
Councilman Hernacki recognized Public Works Director Wiley Livingston, his staff, and
contractor Charles S. Whiteside, Inc. for the speed with which the Village's sidewalk repair and
replacement project is being completed.
Councilman Gebbia suggested that a commander from one of the military units fostered by the
Support Our Troops program be invited to speak at the Village Veterans Day event. Councilman
Gebbia advised that the commander has just returned from deployment in Afghanistan. Council
was in favor of this suggestion, so Councilman Gebbia will issue a formal invitation to the soldier.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Titcomb reported on the status of the recreational vehicle and boat issue, which will come
back to Council for further discussion in October.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:05 p.m.
Melissa Teal, CMC, Village Clerk