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09-08-2005 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 8, 2005 Present: 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 George W. Baldwin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Eissey called the meeting to order at 7:40 p.m. All members of Council were present. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman O'Meilia gave the invocation, and Mayor Eissey led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Minutes of the Special Session held 8/25/05 and the Regular Session held 8/30/05 were approved. ORDINANCE 16-2005 ENACTED -COMPREHENSIVE PLAN AMENDMENT OS-1 Vice Mayor Norris declared a voting conflict. Councilman Noel moved that Bill 1169 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT DESIGNATED AS AMENDMENT OS-1 TO THE ADOPTED COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS 163.3161, ET SEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING FOR REVISIONS TO THE FUTURE LAND USE MAP SERIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF • ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE MINUTES OF REGULAR SESSION HELD SEPTEMBER 8, 2005 be placed on second reading and read by title alone. President Pro Tem Rennebaum seconded the • motion, which passed 3 -1, with Councilman Noel, President Pro Tem Rennebaum, and Mayor Eissey voting aye, and Councilman O'Meilia opposed. Mayor Eissey opened the Public Hearing. There were no comments from the public. Village Clerk Melissa Teal announced that anyone wishing to be provided with the date of publication of the Notice of Intent by the Department of Community Affairs should sign the form in the back of Council Chambers. Mayor Eissey closed the Public Hearing. Councilman Noel moved to enact Bill 1169 as Ordinance 16-2005. President Pro Tem Rennebaum seconded the motion, which passed 3 - 1, with Councilman Noel, President Pro Tem Rennebaum, and Mayor Eissey voting aye, and Councilman O'Meilia opposed. ORDINANCE 17-2005 ENACTED -REZONING LAND ADJACENT TO VILLAGE PUBLIC SAFETY BUILDING Vice Mayor Norris declared a voting conflict. Councilman Noel moved that Bill 1180 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND LOCATED ON EAST SIDE OF U.S. HIGHWAY NO. 1, IN THE 500 BLOCK, AND ADJACENT TO THE VILLAGE PUBLIC SAFETY BUILDING, VILLAGE OF NORTH PALM BEACH, CONSISTING OF 1.93 ACRES OF LAND, MORE OR LESS, WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED FROM CB, COMMERCIAL DISTRICT, TO R-2, MULTI-FAMILY DWELLING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. President Pro Tem Rennebaum seconded the motion, which passed 3 -1, with Councilman Noel, President Pro Tem Rennebaum, and Mayor Eissey voting aye, and Councilman O'Meilia opposed. Mayor Eissey opened the Public Hearing. Jeannette Campbell, 118 Fathom Road, asked to know the Council's reasoning in changing the zoning. John Campbell, 118 Fathom Road, objected to the rezoning and stated he doesn't feel there is a demand for townhouses in that area, and thinks it should stay the same zoning, and that rezoning this property to residential sets the wrong precedent. There being no further public comment, Mayor Eissey closed the Public Hearing. Councilman Noel moved to enact Bill 1180 as Ordinance 17-2005. President Pro Tem Rennebaum seconded the motion, which passed 3 - 1, with Councilman Noel, President Pro Tem Rennebaum, and Mayor Eissey voting aye, and Councilman O'Meilia opposed. ORDINANCE 18-2005 ENACTED -COUNTRY CLUB FUND BUDGET AMENDMENT Vice Mayor Norris moved that Bill l 179 entitled: 2 MINUTES OF REGULAR SESSION HELD SEPTEMBER 8, 2005 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING • THE NORTH PALM BEACH COUNTRY CLUB FUND BUDGET FOR THE FISCAL YEAR 2004-2005 TO ESTABLISH A TIKI HUT RENTAL RATE OF $25 PER FOUR (4) HOUR PARTY be adopted. Councilman Noel seconded the motion, which passed unanimously. Vice Mayor Norris moved that Bill 1179 be enacted as Ordinance 18-2005. Councilman Noel seconded the motion, and all present voted aye. BILL 1187 -GENERAL EMPLOYEES PENSION PLAN AMENDMENT -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 1187 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF DIVISION 3. PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEE GROUP PARTICIPANTS OF THE VILLAGE GENERAL EMPLOYEE PENSION PLAN, OF ARTICLE V, PENSIONS AND RETIREMENT SYSTEMS, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE; AMENDING SECTION 2-146, DEFINITIONS, BY CHANGING THE ACTUARIAL PRESENT VALUE OF LUMP SUM DISTRIBUTIONS; AMENDING SECTION 2-146, DEFINITIONS, BY ADDING A DEFINITION FOR "ASSUMED RATE OF RETURN"; AMENDING SECTION 2-158.1, OPTIONAL BENEFIT PLAN NO. 2, TO PROVIDE THAT THE COST OF LIVING ADJUSTMENT (COLA) SHALL NOT APPLY TO LUMP SUM CALCULATIONS FOR EMPLOYEES HIRED BY THE VILLAGE SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. President Pro Tem Rennebaum seconded the motion, which passed unanimously. BILL 1188 -DISTANCE RESTRICTIONS FOR SEXUAL OFFENDERS AND PREDATORS Councilman O'Meilia moved that Bi111188 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 19, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE TO CREATE ARTICLE II THEREUNDER ENTITLED "SEXUAL OFFENDERS AND SEXUAL PREDATORS" AND PROVIDING A SECTION 19-31 TO PROHIBIT SEXUAL OFFENDERS AND SEXUAL PREDATORS CONVICTED OF CRIMES UNDER CERTAIN FLORIDA STATUTES FROM LIVING WITHIN 1,500 FEET OF SPECIFIED LOCATIONS WITHIN THE VILLAGE OF NORTH PALM BEACH; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL • ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE 3 MINUTES OF REGULAR SESSION IIELD SEPTEMBER 8, 2005 be placed on first reading and read by title alone. President Pro Tem Rennebaum seconded the • motion, and all present voted aye. RESOLUTION 78-2005 ADOPTED -APPROVING LAWSUIT SETTLEMENT President Pro Tem Rennebaum moved for a settlement in the amount of $200,000.00 as recommended by legal counsel Councilman Noel seconded the motion, which passed unanimously. President Pro Tem Rennebaum moved that Resolution 78-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING SETTLEMENT IN AN AMOUNT OF $200,000.00 IN THAT CERTAIN LAWSUIT IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. OS-80147 WHEREIN SEAN JACKSON AND SHERREL MERIWEATHER ARE PLAINTIFFS AND VILLAGE OF NORTH PALM BEACH, ET. AL. IS DEFENDANT; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion, and all present voted aye. RESOLUTION 79-2005 ADOPTED -PROVIDING NOTICE TO WITHDRAW FROM SERMA President Pro Tem Rennebaum moved that Resolution 79-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING NOTICE TO THE BOARD OF THE SOUTH EAST RISK MANAGEMENT ASSOCIATION OF THE VILLAGE'S INTENT TO SOLICIT BIDS AND TO WITHDRAW FROM THE RISK MANAGEMENT POOL AT THE VILLAGE'S OPTION; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion. Councilman Noel requested an opinion from the Village Attorney as to whether he may vote on this item tonight, if his firm were to submit a bid or proposal in the future. Mr. Baldwin opined that at this point there is not a conflict of interest. Mr. Bates clarified that SERMA covers workers' compensation, general liability, property, and casualty insurance. During discussion, Mr. Bates reported that this resolution allows the opportunity to bid out the insurance, but does not prevent the Village from continuing with SERMA, if it has the best bid price. Mr. Baldwin noted that the Interlocal Agreement with SERMA and SERMA bylaws require a year's notice to withdraw and that the withdrawal language be positive. However, Mr. Baldwin opined that the withdrawal could be countermanded. Thereafter, the motion passed unanimously. RESOLUTION 80-2005 ADOPTED -COUNTRY CLUB POINT OF SALE SYSTEM PURCHASE Vice Mayor Norris moved that Resolution 80-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ~• APPROVING, AUTHORIZING, AND DIRECTING THE PURCHASE OF A VSI PHOTO ID CARD SYSTEM, IN THE AMOUNT OF $7,570.50, FROM VERMONT SYSTEMS, ESSEX JUNCTION, VERMONT; FUNDS TO BE EXPENDED FROM ACCOUNT L8056-66415 COMPUTER HARDWARE & SOFTWARE; AND, PROVIDING FOR AN EFFECTIVE DATE 4 MINUTES OF REGULAR SESSION HELD SEPTEMBER 8, 2005 be adopted. President Pro Tem Rennebaum seconded the motion, which passed unanimously. • MAYOR AND COUNCIL MATTERS/REPORTS Discussion took place concerning a possible code amendment regarding fence trellis entrances. Staff was directed to come back with more information on this issue for further discussion at the next meeting. VILLAGE MANAGER MATTERS/REPORTS Mr. Bates reported that the Public Safety Director has received a request through the Florida Department of Law Enforcement to donate surplus patrol vehicles to the State of Mississippi. Chief Knight reviewed the request and the Village surplus vehicles available. Council consensus was to offer the vehicles, and if the offer is accepted, to send them, provided there is no liability. Mr. Bates discussed an ad hoc committee to be formed by Palm Beach County concerning workforce housing. The Council requested more information on this issue. REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS Mayor Eissey acknowledged receipt by the Council of the following Board minutes: Audit Committee meeting held 8/24/05 ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:18 p.m. ~~~'l ~~ Melissa Teal, CMC Village Clerk ~~ ~~ 5 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM IRST NAME-MIDDL ME /~2~ ~ ~ NAME OF BOARD, COUN IL, COMMISSION, AUTHORITY, OR COMMITTEE © ~,cr MAILIN ADDRESS THE BOARD, C NC ,COMMISSION, AUTHORITY OR COMMITTEE ON y~~ •C/ ~ WHICH I SERVE IS A UNIT OF: ENCY ^ COUNTY O OTHER LOCAL AG CITY n COUNTY SION D I ~ Q~ ~ /J : NAME O POLITICAL SUB I/V ~ ~~~ C r ~ ~ Rt M DATE ON WHICH VOTE OCCURRED y/ ~ MY OSITION IS: ~ ~ / O ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B 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). 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. • 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 TO 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 ~ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NApRE-FIRST NAME~1tAtDDLE NAME NAME OF QOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE /'~~` MAILING ADDRESS CITY t3 ~7 LJ DATE ON WHICH ~,~'-rv MY POSITION IS: O APPOINTIVE i ~~ _ n~ rc.., THE BOARD, C NCIL, COMMISSION, AUTHORITY OR COMMITTEE ON ~ /~ WHICH I SERVE IS A UNIT OF: ,,,,, ,,,r„ CITY ^ COUNTY ^ OTHER LOCAL AGENCY ~! O/ WHO MUST FILE FORM 8B • 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). f f f f f f f f • f f f f f f f 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. f f f f i f f • f f f f f f 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 TO 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 86 - EFF. 1/2000 PAGE 1