09-22-2011 VC REG-M MINUTES OF THE REGULAR SESSION
111 VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
SEPTEMBER 22, 2011
Present: Darryl C. Aubrey, Sc.D., Mayor
David B. Norris, Vice Mayor
T.R. Hernacki, P.E., Councilman
William L. Manuel, President Pro Tern
Robert A. Gebbia, Councilman
Len Rubin, Village Attorney
James Titcomb, Village Manager
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Aubrey 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
Vice Mayor Norris gave the invocation and Councilman Hernacki led the public in the
Pledge of Allegiance.
APPROVAL OF MINUTES
The minutes of the Regular Session held 9/8/11 were approved as written.
STATEMENTS FROM THE PUBLIC
Cindee LaCourse-Blum, Executive Director, and Angela Usher, Director, presented a plaque to
Village Manager James Titcomb on behalf of the Community Land Trust of Palm Beach County, in
recognition of his service as founding member and former President of the organization.
Mayor Aubrey announced that agenda item 6C3, 1st reading of Ordinance 2011-19, Old Port Cove
South Marina Commercial Planned Unit Development, had been removed from the agenda.
SECOND READING AND ENACTMENT OF AD VALOREM TAX MILLAGE RATE ORDINANCE
AND BUDGET ORDINANCE
A motion was made by Councilman Gebbia and seconded by Vice Mayor Norris to adopt and enact
on second 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 22, 2011 Page 2 of 5
SECOND READING AND ENACTMENT OF AD VALOREM TAX MILLAGE RATE ORDINANCE
AND BUDGET ORDINANCE continued
• A motion was made by President Pro Tern Manuel and seconded by Councilman Gebbia to adopt
and enact on second 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 through discussions at budget workshop meetings, the budget was adjusted
in order to keep the millage rate the same as last year. Mr. Titcomb reminded the public that the
budget is accessible online and a printed copy is available at the Library.
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.
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 and enact Ordinance 2011-16 on second reading passed unanimously. The
motion to adopt and enact Ordinance 2011-17 on second reading passed unanimously.
SECOND READING AND ENACTMENT OF ORDINANCE 2011-18—REGULATION OF FIREARMS
A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt and
enact on second 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.
Mayor Aubrey opened the public hearing. With no comments from the public, Mayor Aubrey
closed the public hearing.
Thereafter,the motion to adopt and enact Ordinance 2011-18 on second reading passed unanimously.
Minutes of Village Council Regular Session held September 22, 2011 Page 3 of 5
FIRST READING OF ORDINANCE 2011-19— STORMWATER MANAGEMENT
• A motion was made by Councilman Hernacki and seconded by President Pro Tern Manuel to adopt
on first reading Ordinance 2011-19 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, RELATING TO THE VILLAGE'S STORMWATER SYSTEM;AMENDING ARTICLE V,
"STORMWATER MANAGEMENT," OF CHAPTER 21, "PLANNING AND DEVELOPMENT,"
BY AMENDING SECTION 21-70, "WATER QUALITY," TO DELEGATE OVERSIGHT OF
THE STORMWATER SYSTEM TO THE COMMUNITY DEVELOPMENT DIRECTOR;
AMENDING ARTICLE VI, "CODE ENFORCEMENT," OF CHAPTER 2, "ADMINISTRATION,"
OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE FOR ENFORCEMENT OF THE
STORMWATER REGULATIONS BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, the motion to adopt Ordinance 2011-19 on first reading passed unanimously.
CONSENT AGENDA
Items 6.D.1 and 6.D.2 were removed from the consent agenda. President Pro Tem Manuel moved
to approve the consent agenda. The motion was seconded by Councilman Hernacki and passed
unanimously. The consent agenda included the following items:
Receive for file Minutes of the General Employees Pension Board meeting held 8/3/11
Receive for file Minutes of the Library Advisory Board meeting held 8/23/11
Receive for file Minutes of the Recreation Advisory Boar meeting held 9/13/11
RESOLUTION 2011-35 — MEMORANDUM OF UNDERSTANDING AMENDING 2010-13
COLLECTIVE BARGAINING AGREEMENT WITH FEDERATION OF PUBLIC EMPLOYEES
A motion was made by President Pro Tern Manuel and seconded by Councilman Hernacki to adopt
Resolution 2011-35 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, RATIFYING A MEMORANDUM OF UNDERSTANDING AMENDING
ARTICLE 35 OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERATION
OF PUBLIC EMPLOYEES RELATING TO WAGES FOR BARGAINING UNIT MEMBERS AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE MEMORANDUM
OF UNDERSTANDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Titcomb explained the date change in Section 2 of the Memorandum of Understanding. It was
noted that it is the second year of a three-year contract;there is no cost-of-living adjustment; there is
• a zero to five percent increase based on performance; and there is no change in salary ranges.
Mr.Rubin discussed recent legislation concerning the circumstances under which bonuses can be offered,
which would affect bonuses for employees who have reached the maximum pay range for the position.
Thereafter, the motion to adopt Resolution 2011-35 passed unanimously.
Minutes of Village Council Regular Session held September 22, 2011 Page 4 of 5
RESOLUTION 2011-36 — FIRST ADDENDUM TO 2010-13 COLLECTIVE BARGAINING
• AGREEEMENT WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM
BEACH COUNTY, LOCAL 2928
A motion was made by President Pro Tern Manuel and seconded by Councilman Hernacki to adopt
Resolution 2011-36 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, RATIFYING A FIRST ADDENDUM AMENDING ARTICLE 30 OF THE COLLECTIVE
BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF
PALM BEACH COUNTY, LOCAL 2928, RELATING TO WAGES FOR BARGAINING UNIT
MEMBERS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
THE FIRST ADDENDUM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Discussion took place regarding Section 2 of the agreement, which provides for advancement by
one step in the pay plan, last amended for fiscal year 2010-2011.
Thereafter, the motion to adopt Resolution 2011-36 passed unanimously.
RESOLUTION 2011-37—ALTERNATE CODE ENFORCEMENT SPECIAL MAGISTRATE
A motion was made by President Pro Tem Manuel and seconded by Councilman Gebbia to adopt
Resolution 2011-37 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPOINTING AN ALTERNATE CODE ENFORCEMENT SPECIAL
MAGISTRATE;PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin confirmed that Mr. MacGibbon was still interested in serving.
Thereafter, the motion to adopt Resolution 2011-37 passed unanimously.
RESOLUTION 2011-38—AD HOC BUSINESS ADVISORY COMMITTEE EXTENSION
A motion was made by President Pro Tern Manuel and seconded by Councilman Hernacki to adopt
Resolution 2011-38 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING RESOLUTION 2010-40 TO EXTEND THE DURATION OF
THE AD HOC BUSINESS ADVISORY COMMITTEE, EXTEND THE MEMBERSHIP OF
CURRENT MEMBERS, AND REDUCE THE QUORUM REQUIREMENT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Titcomb stated the resolution reduces the number of members and gives them additional time to
• complete their work and make recommendations to Council.
Thereafter, the motion to adopt Resolution 2011-38 passed unanimously.
Minutes of Village Council Regular Session held September 22, 2011 Page 5 of 5
RESOLUTION 2011-39—EXTENDING SMALL BUSINESS GRANT PROGRAM
A motion was made by Vice Mayor Norris and seconded by Councilman Gebbia to adopt Resolution
• 2011-39 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING RESOLUTION 2010-45 TO EXTEND THE SMALL
BUSINESS GRANT PROGRAM AND PROVIDE FOR THE CARRYOVER OF UNEXPENDED
FUNDS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained the initial appropriation in FY 2009-2010 provided for a one-year carryover of
funds and the proposed resolution provides for carryover to FY 2011-2012, with continued carryover
in subsequent years until the funds are expended or Council discontinues the program. Mr. Titcomb
advised that $84,600 in unexpended grant funding would be rolled over to FY 2011-2012.
Thereafter, the motion to adopt Resolution 2011-39 passed unanimously.
VILLAGE COUNCIL MATTERS/REPORTS
Discussion took place concerning items suggested for Audit Committee action, which included:
1. Compile expense and revenue profiles for five to ten municipalities in the surrounding area;
assess the cost per capita for total services as well as specific services such as parks and
recreation, fire-rescue, police, sanitation, and compare with North Palm Beach.
2. Pick at least two municipalities with golf courses and do a forensic analysis of costs,
revenue, and financial viability versus North Palm Beach.
3. Review process in North Palm Beach for developing the capital plan for the next five years
and compare predictions for useful life of equipment and structures versus actual over the
past years. Poll surrounding municipalities about their processes for capital planning.
4. Review and compare property/general liability coverage, process of selection, and timely
renewal for fiscal year 2013.
Discussion took place concerning the process for renewing property/general liability insurance.
Audit Committee Chairman Tom Magill and Vice Chairman Richard Podell reviewed the suggested
assignments with Council. Regarding property/general liability insurance, Mr. Magill suggested
Council consider two-year insurance packages, determine a start date for the bid process, and turn it
over to the insurance consultant. Mr. Podell noted the Audit Committee can audit the process, but
does not have the expertise to compare coverages. Regarding item 1, Council suggested that staff
compile statistics from five municipalities for the Audit Committee to analyze. Mr. Magill advised
that the Audit Committee would undertake all four of the suggested items. Additionally, the Audit
Committee is in the process of investigating restructuring of the golf course loan.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Titcomb announced the 9/11 Memorial Dedication Ceremony Friday at 3:00 p.m. and Veterans
Day event at 11:00 a.m. on November 11th. Mr. Titcomb reported on the status of Village projects.
• ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:41 p.m.
Melissa Teal, CMC, Village Clerk