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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