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10-13-2005 VC REG-M~~ ~._~ MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 13, 2005 Present: ROLL CALL George W. Baldwin, Village Attorney Melissa Teal, CMC, Village Clerk Dr. Edward M. Eissey, Mayor David B. Norris, Vice Mayor Charles R. O'Meilia, Councilman Robert F. Rennebaum, President Pro Tem Donald G. Noel, Councilman Mark Bates, Village Manager Mayor Eissey 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 O'Meilia led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION Mayor Eissey presented Public Services Department employee Andrew Thomas with a plaque and check in recognition of his 25 years of service to the Village. APPROVAL OF MINUTES The following Minutes were approved: Minutes of Special Session held 9/21/05 Minutes of Regular Session held 9/22/05 Minutes of Special Session held 9/29/05 • STATEMENTS FROM THE PUBLIC. PETITIONS AND COMMUNICATIONS A presentation on Workforce Housing was given by Casey Steinbacher, President of the North Palm Beach County Chamber of Commerce, and Jennifer English, Realtors Association of the Palm Beaches. A presentation on America Supporting Americans Adopt-a-Unit Program was given by Carisse LeJeune and Valorie Moats from the City of Boynton Beach. This item will come back to the next Workshop meeting for further discussion. MINUTES OF REGULAR SESSION HELD OCTOBER 13, 2005 Attorney Rick Sapir was present to request that Earl Stewart Toyota be allowed to continue • parking new vehicles on the property owned by Sabatello (former Twin City Mall site) through the end of November. Vice Mayor Norris and President Pro Tem Rennebaum declared a voting conflict. Councilman Noel moved to approve the request. The motion failed for lack of a second. CONSENT AGENDA Item 2. was pulled from the consent agenda and placed under item 6.E. of the Regular Agenda. Thereafter, Councilman Noel moved to accept the consent agenda as amended. President Pro Tem Rennebaum seconded the motion, which passed unanimously. The following item was approved: Adopted Resolution 92-2005 approving Amendment No. 001 to the Interlocal Agreement between Palm Beach County and the Village as to 911 services RESOLUTION 93-2005 ADOPTED -APPROVING PURCHASE OF 3 POLICE CARS President Pro Tem Rennebaum moved that Resolution 93-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PURCHASE OF THREE (3) 2006 FORD CROWN VICTORIA POLICE CARS TO BE USED BY THE PUBLIC SAFETY DEPARTMENT AS MARKED PATROL VEHICLES IN A NET COST AMOUNT OF $74,097.00, FROM BOBBY JONES FORD CAR SALES OF AUGUSTA, GEORGIA; FUNDS TO BE EXPENDED FROM ACCOUNT NO. A5711-66410, LAW ENFORCEMENT-CAPITAL-AUTOMOTIVE be adopted. Councilman Noel seconded the motion. Discussion ensued on state contract and other agency contract pricing for the vehicles, which exceeds the price from Bobby Jones Ford. Discussion ensued on exceptions to the Purchasing Rules and Regulations. Thereafter, the motion passed 4 - 1, with President Pro Tem Rennebaum, Councilman Noel, Vice Mayor Norris, and Mayor Eissey voting aye, and Councilman O'Meilia opposed. RESOLUTION 94-2005 ADOPTED -APPROVING TRANSFER OF ADELPHIA CABLE TV FRANCHISE Councilman O'Meilia moved that Resolution 94-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SALE AND ASSIGNMENT OF THE ADELPHIA CABLEVISION ("ADELPHIA") CABLE TELEVISION FRANCHISE ("FRANCHISE"), TO CABLE HOLDCO EXCHANGE II, LLC ("CABLE HOLDCO II"), A SUBSIDIARY OF TIME WARNER NY CABLE LLC ("TWNY") AND THE TRANSFER OF CONTROL OF CABLE HOLDCO II FROM TIME WARNER CABLE INC. ("TWC") TO PARNASSOS, L.P. ("PARNASSOS"), A SUBSIDIARY OF COMCAST CORPORATION ("COMCAST"); OR, IN THE ALTERNATIVE DENYING THE VILLAGE'S APPROVAL OF THE TRANSACTIONS DUE TO PROPOSED TRANSFEREE'S FAILURE TO COMPLY WITH CERTAIN • CONDITIONS PRECEDENT be adopted. 2 MINUTES OF REGULAR SESSION HELD OCTOBER 13, 2005 Councilman Noel seconded the motion. Attorney Eleni Pantaridis of Leibowitz & Associates • was present to review the transfer agreement. Ms. Pantaridis explained that federal law requires the Village to grant or deny the transfer of Adelphia to Comcast. Ms. Pantaridis advised that the resolution is conditional upon Comcast, Time Warner, and Adelphia signing the transfer agreement. Ms. Pantaridis stated that if Leibowitz does not receive the transfer agreement within 10 business days then the Village's action is deemed a denial, however, that is not anticipated. Thereafter, the motion passed unanimously. RESOLUTION 95-2005 ADOPTED -RENAMING PORTION OF SR AlA AS "JACK NICKLAUS DRIVE" Mayor Eissey passed the gavel to Vice Mayor Norris and moved that Resolution 95-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REQUESTING THE LEGISLATURE OF THE STATE OF FLORIDA TO RENAME A DESIGNATED PORTION OF STATE ROAD Al A COMMENCING AT ITS INTERSECTION WITH PGA BOULEVARD AND TERMINATING JUST WEST OF THE BURNT BRIDGE (FLORIDA DEPARTMENT OF TRANSPORTATION BRIDGE NO. 930361) IN PALM BEACH COUNTY AS "JACK NICKLAUS DRIVE"; REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY TO ENACT A RESOLUTION SUPPORTING THE RENAMING AND DESIGNATION OF SUCH PORTION OF AlA AS "JACK NICKLAUS DRIVE"; DIRECTING THE VILLAGE CLERK OF NORTH PALM BEACH TO FURNISH A CERTIFIED COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, THE LOCAL LEGISLATIVE DELEGATION, BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY AND SUCH OTHER PERSONS AND ENTITIES AS THE MAYOR MAY DIRECT; AND, PROVIDING FOR AN EFFECTIVE DATE President Pro Tem Rennebaum seconded the motion, which passed unanimously. Vice Mayor Norris returned the gavel to Mayor Eissey. MAYOR AND COUNCIL MATTERS/REPORTS Mr. Bates reported that a proposed agreement from Nicklaus Design for design engineering services and preparation of bid documents for renovation of the golf course will be brought forward for Council consideration at the next meeting. Mr. Bates proposed that a reimbursement resolution be brought forward at that time, which would allow the Village to begin incurring costs on the project, as long as the fmancing is received within a period of 90 days, with any costs during initial startup being compensable out of the loan proceeds. Mr. Bates anticipated bringing back a recommendation on financing of the project within 30 days. Brief discussion ensued on financing arrangements. Discussion was held concerning the evaluation of the Village Manager. By consensus, it was determined that the Council will meet individually with the Village Manager, and evaluate him using 1 to 4 ranking. Discussion ensued on the evaluation form. It was decided that the Council • may use as a guideline the City Manager's Association evaluation form and/or the form used in prior years by the Village, or no form, at its discretion, that each Councilman will submit a single evaluation score, and the performance increase will be determined by averaging the individual scores. 3 MINUTES OF REGULAR SESSION HELD OCTOBER 13, 2005 Discussion ensued on the evaluation of the Village Clerk. The Council determined to use the ~• same form used in prior years for the Clerk's evaluation, and to conduct the Village Clerk's evaluation in the same manner as that of the Village Manager. In response to the Council, the Village Attorney opined that it was not mandatory that Councilmen turn in the sheet they use to come up with the evaluation number. VILLAGE MANAGER MATTERS/REPORTS Mr. Bates reported approval by the union of the PBA agreement. Mr. Bates gave an update concerning construction of the PGA Bridge with regard to location of the crane barge. Mr. Bates reported that due to construction of the new bridge spans, beginning in late January, the crane barge must be relocated south of the PGA Bridge, and will be moored near Ellison Wilson Road from Monday night through Friday morning. Mr. Bates advised that when work stops on Friday, it will be moved out into the lake on the east side of the Intracoastal, where the material barge is now. Mr. Bates recognized Marcy Verrastro and the Country Club staff for their efforts on the golf tournament to benefit the Red Cross Hurricane Katrina Fund. Mr. Bates expressed appreciation for the Council and community's support, and announced that $7,100 has been raised to date. REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS Mayor Eissey acknowledged receipt by the Council of the following Board minutes: Minutes of Police and Fire Pension Board meeting held 3/15/05 Minutes of Police and Fire Pension Board meeting held 4/5/05 Minutes of Planning Commission meeting held 6/7/05 Minutes of Police and Fire Pension Board meeting held 6/7/05 Minutes of Police and Fire Pension Board meeting held 6/10/05 Minutes of Planning Commission Public Hearing held 6/28/05 Minutes of Planning Commission meeting held 6/28/05 Minutes of Library Advisory Board meeting held 8/23/05 Minutes of 50th Anniversary Committee meeting held 8/24/05 Minutes of Special Recreation Advisory Board/Waterways Board meeting held 8/24/05 Minutes of Code Enforcement Board meeting held 9/12/05 Minutes of Recreation Advisory Board meeting held 9/13/05 Recommendation to Council "to not move forward with the proposed parking lot plan submitted by First Presbyterian Church until the safety concerns of the Board are fully addressed" Minutes of Audit Committee meeting held 9/23/05 ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:25 p.m. Melissa Teal, CMC, Village Clerk 4 .. Oct-19-05 08:llam From- T-225 P.O1/02 F-B60 • i FORM $B MEMORANDUM OF VOTING CONFLICT FOR COUNTY IVIUNICIPAL AND O~'HER LOCAL PUBLIC OFFICERS .AST NA E-FIRST NAME-MID LE NAME ~ ~ NAME OF QARD, COUNCI CQMMIS ON, AU HORtTY, O C MMITTEE ~1S ~ ~ MAILING ADDRESS THE QARD, C NCiI.. CQMMISS[ON, AU ORITY OR COMMITTEE ON ~~ ~ ~ J WHICH I SERVE IS A UNIT OF. ITY ^ COUNTY O OTHER LOCAL AGENCY COUNT' CITY Q l/ ~I M ~~ A ~ ~'~ NAME OF POLITICAL S IVISIO I/ ~L ~ ATE ON WHICH VOTE O CURBED MY POSITION IS: .~~ - ELECTIVE O APPOINTIVE WHa MUST FILE FORM 8B This form is for use by any parson serving at the county, city, or other Local 1eve1 of government on an appointed or elected board, council, commission, authority, or committee. It applies squally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes, Your responsibilities under the taw when faced wtttl voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position, For this reason, please pay close attention to the instructions an this form gefare completing the reverse side and filing the form. lNSTRUCTION$ FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained {including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec, 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, sort, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or en#ity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchlange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by pl~blicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. • APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. 1F YOU INTEND TO MAKE ANY ATTEMPT TO INf~LUENCE THE DECISION PRIOR 70 7HE MEETING AT WHICH THE VOT1= WILD BE TAKEN: • You must complete and file this form (before mai<ing any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2D00 I I I PAGE 1 .°r' FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, CO ISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS ~ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 4 ~ ~ ,}, Uv WHICH I SERVE IS A UNIT OF: CITY ^ COUNTY ^ OTHER LOCAL AGENCY COUNTY „~ CITY ~ ~~ /~/ NAME OF POLITICAL SUBDIVISION: A I ~/~ / V r DATE ON WHICH VOTE OCCURRED 2 O5 MY POSITION IS: LECTIVE ^ APPOINTIVE l / 7 WHO MUST FILE FORM 8B 1/ u This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * k * * * * * * * * * k ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * k * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND l'O MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1