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08-11-2005 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA AUGUST 11, 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 7:30 p.m. All members of Council were present. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Eissey gave the invocation, and Councilman Noel led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Minutes of the Regular Session held 7/14/05 were approved. STATEMENTS FROM THE PUBLIC Attorney Rick Sapir and Mr. Earl Stewart were present to request that Earl Stewart Toyota be granted an additiona145 days to store surplus vehicles at the site of the former Twin City Mall. Councilman Noel moved to allow Mr. Stewart to store cars at the mall for the next six weeks. President Pro Tem Rennebaum declared a voting conflict. Vice Mayor Norris declared a voting conflict. Mayor Eissey passed the gavel to Vice Mayor Norris, and seconded the motion, which passed 2 - 1, Councilman Noel and Mayor Eissey voting aye, and Councilman O'Meilia opposed. Vice Mayor Norris returned the gavel to Mayor Eissey. The owner of Continental Catering and Peas and Carrots Concession, Mr. Randy Epstein, distributed an informational packet to the Council and indicated his interest in running the food and beverage operation at the North Palm Beach Country Club should the opportunity arise. RESOLUTION 66-2005 ADOPTED - PROFESSIONAL ENGINEERING SERVICES CONTRACT AMENDMENT Vice Mayor Norris moved to take from the table a proposed resolution approving First Amendment to the Continuing Contract for Professional Engineering Services between the Village and SFRN, Inc. Councilman Noel seconded the motion, which passed unanimously. MINUTES OF REGULAR SESSION IIELD AUGUST 11, 2005 President Pro Tem Rennebaum moved to adopt Resolution 66-2005 entitled: A RESOLUTION OF TH VI A E LL GE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A FIRST AMENDMENT TO THE CONTINUING CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE VILLAGE OF NORTH PALM BEACH AND SFRN, INC. ATTACHED AS EXHIBIT "A," WHICH AMENDMENT AMENDS ATTACHMENT "C" RATE SCHEDULE; AND, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Norris seconded the motion, which passed unanimously. RESOLUTION 67-2005 ADOPTED -FINAL PLAT FOR DOMANI PROJECT Item 6.E.9, Final Plat for Domani Project, was moved forward on the agenda at this time. Councilman O'Meilia moved to adopt Resolution 67-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE FINAL PLAT OF THE DOMANI PROJECT, ATTACHED AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE President Pro Tem Rennebaum seconded the motion, and all present voted aye. RESOLUTION AUTHORIZING BELLSOUTH AGREEMENTS TABLED BellSouth representative, Nancy Vinez, was present to review the agreements. Councilman Noel moved to adopt a proposed resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO THE FOLLOWING AGREEMENTS: BELLSOUTH BUSINESS SERVICES MASTER AGREEMENT WITH BELLSOUTH BUSINESS SYSTEMS, INC., WHICH AGREEMENT IS ATTACHED AS EXHIBIT "A" AND IS FOR THE PURPOSE OF THE VILLAGE OBTAINING NET VPN TELECOMMUNICATIONS EQUIPMENT AND SERVICES FOR VILLAGE FACILITIES; BELLSOUTH BUSINESS SERVICES MASTER AGREEMENT WITH BELLSOUTH MNS, INC. AND BELLSOUTH TELECOMMUNICATIONS, INC., WHICH AGREEMENT IS ATTACHED AS EXHIBIT "B" AND IS FOR THE PURPOSE OF THE VILLAGE SECURING INTERNET SERVICES; ORDER AND PRICING FORM WITH BELLSOUTH TELECOMMUNICATIONS, INC. ATTACHED AS EXHIBIT "C"; AND, PROVIDING FOR AN EFFECTIVE DATE Councilman O'Meilia seconded the motion. Discussion took place concerning revising the agreement to clarify the terms, and to include remedies and a provision for attorney fees and • court costs in the event of a dispute. Village Attorney George Baldwin will draft the damage clause and attorney fees clause, and send it to Ms. Vinez. Council consensus was to strike the arbitration clause in the agreement. Councilman O'Meilia moved to table the agreement. Councilman Noel seconded the motion, and all present voted aye. 2 MINUTES OF REGULAR SESSION HELD AUGUST 11, 2005 RESOLUTION 68-2005 ADOPTED -URBAN AND COMMUNITY FORESTRY GRANT Councilman O'Meilia moved that Resolution 68-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AUTHORIZING THE VILLAGE ADMINISTRATION TO APPLY TO THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND COMSUMER SERVICES, DIVISION OF FORESTRY FOR AN URBAN AND COMMUNITY FORESTRY GRANT ATTACHED AS EXHBIT "A", WHICH GRANT IS FOR THE PURPOSE OF FUNDING A CITIZEN FORESTER PROGRAM, AND FOR OTHER PURPOSES; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Noel seconded the motion, which passed unanimously. RESOLUTION 69-2005 ADOPTED -TENNIS AND MORE AGREEMENT Councilman Noel moved that Resolution 69-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING AND DIRECTING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH TENNIS AND MORE, PALM BEACH GARDENS, FL FOR THE MERCHANDISING OF THE TENNIS PRO SHOP AT THE NORTH PALM BEACH COUNTRY CLUB be adopted. Vice Mayor Norris seconded the motion. Discussion ensued on responsibility for inventory and sales tax, method of payment, exclusivity clause, and ad valorem taxes. Section 7, Notices, of the agreement was revised to specify the Village Manager as the appropriate party to receive notices on behalf of the Village. Thereafter, the motion passed unanimously. RESOLUTION 70-2005 ADOPTED -PURCHASE OF 2 TRIPLEX MOWERS President Fro Tem Rennebaum moved that Resolution 70-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PURCHASE OF (2) JACOBSEN GREENS KING IV TRIPLEX MOWERS IN THE AMOUNT OF $35,706.32, FROM KILPATRICK TURF INC. BOYNTON BEACH FL; FUNDS TO BE EXPENDED FROM ACCOUNT NO. L8045-66490, MACHINERY AND EQUIPMENT be adopted. Councilman Noel seconded the motion. Discussion took place on the loan to fmance capital equipment purchases. Because purchase of certain capital equipment was deferred, the Council directed Mr. Bates to verify that there is no prepayment penalty, and if there is not, to pay offthe loan. Thereafter, the motion passed unanimously. RESOLUTION 71-2005 ADOPTED -PURCHASE OF 1 TORO REELMASTER MOWER • Councilman Noel moved that Resolution 71-2005 entitled: 3 MINUTES OF REGULAR SESSION HELD AUGUST 11, 2005 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PURCHASE OF (1) TORO REELMASTER 200-D WITH 3WD KIT MOWER IN THE AMOUNT OF $20,728.02, FROM WESCO TURF SUPPLY INC., LAKE MARY, FL; FUNDS TO BE EXPENDED FROM ACCOUNT NO. L8045-66490, MACHINERY AND EQUIPMENT be adopted. President Pro Tem Rennebaum seconded the motion. Staff was directed to verify the account number. Thereafter, the motion passed unanimously. RESOLUTION 72-2005 ADOPTED -PURCHASE OF DIGITAL RECORDING EQUIPMENT Councilman O'Meilia moved that Resolution 72-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING, AUTHORIZING AND DIRECTING THE PURCHASE OF A DIGITAL VOICE RECORDING SYSTEM IN THE AMOUNT OF $15,100.00 FROM BEAR PAW SYSTEMS, INC., CLEARWATER, FL; FUNDS TO BE EXPENDED FROM PUBLIC SAFETY ACCOUNT NUMBERS A5711-66440 AND A5711-34650, AND VILLAGE CLERK ACCOUNT NUMBER A4904-66415 be adopted. Vice Mayor Norris seconded the motion, and all present voted aye. RESOLUTION APPOINTING MEMBER TO AUDIT COMMITTEE TABLED Councilman Noel moved to appoint the 1st alternate as the regular member, and the 2nd alternate as the 1st alternate. Councilman O'Meilia seconded the motion. During discussion, Council consensus was to interview the two applicants for the position of 2nd alternate. Councilman Noel moved to table the resolution. Vice Mayor Norris seconded the motion, and all present voted aye. MAYOR AND COUNCIL MATTERS/REPORTS Discussion took place concerning a request by the Early Learning Coalition of Palm Beach County that the Village provide matching funds in the amount of $1,566.32 for 2005-2006 early learning initiatives. Discussion ensued on the donation policy. Thereafter, the donation request was denied, with President Pro Tem Rennebaum, Vice Mayor Norris, and Mayor Eissey opposed to providing a donation, and Councilman Noel and Councilman O'Meilia in favor of a donation. Discussion took place regarding a request of the 50th Anniversary Committee that the Village send a letter to elected officials inviting a U.S. Naval vessel to visit during our anniversary celebrations. Consensus of Council was to authorize Mayor Eissey to send letters to Congressman Foley and Congressman Shaw in this regard. Councilman Noel asked that a code amendment concerning fence trellis entrances be placed on an upcoming agenda for discussion. Discussion took place on appointing a delegate to the Seacoast Utility Authority Board of Directors to replace Assistant Manager Doug Smith This item will be placed on an upcoming agenda for Council action. 4 MINUTES OF REGULAR SESSION HELD AUGUST 11, 2005 Discussion ensued on appointing an alternate to the Northlake Boulevard Task Force. A recommendation will be brought forward to the next meeting. Discussion was held regarding evaluations of the Village Manager and Village Clerk. This item and other personnel issues will be discussed further at the Budget Workshop to be held 8/17/05. Discussion took place on internal auditing. This item will be placed on an upcoming agenda. The Council directed that it be copied on answers to any letters sent to the Village. VILLAGE MANAGER MATTERS/REPORTS Mr. Bates discussed an analysis of the greens at the Country Club performed by the USGA. Mr. Bates reported that the General Employees Pension Board has unanimously recommended that Council consider moving forward with plan amendments in order to implement the changes before the end of the fiscal year. Audit Committee Chairman Tom Magill reviewed the 8/8/05 report of the Audit Committee. Mr. Bates gave a brief status report on Phase 3 and Phase 4 of the Village's dredging project. Discussion took place concerning a donation to the Marine Industries Association for the annual boat parade. Council consensus was to include $2,500 in the 2005-2006 Budget for a donation in support of this event. REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS Mayor Eissey acknowledged receipt by the Council of the following Board minutes: Code Enforcement Board meeting held 5/2/05 Code Enforcement Board meeting held 6/6/05 Country Club Advisory Board meeting held 6/13/05: "recommend to the Village Council to approve the proposed Country Club budget" Country Club Advisory Board meeting held 7/18/05 Audit Committee meeting held 7/21/05 50th Anniversary Committee meeting held 6/22/05 Audit Committee meeting held 7/25/05 ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:15 p.m. ~~~ ~ ~~~ Melissa Teal, CMC Village Clerk 5 • 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 COUNT~I MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE • R~~nc~ loa ~ ~-fi F ~ !/a orht PQ h1 Br~c., ~ url~i/ MAILING ADDRESS THE BO D, C NCIL. COMMISSION, AUTHORITY OR COMMITTEE ON 2 s~~ ~'~~ W~HI~CH I SERVE IS A UNIT OP. ^/ )L~~~~ ~~ ~~ E3'CITY ^ COUNTYy~ ~O ^ OTHER LOCAL AGENCY CITY / r 0/ ~ ~2 /~ LiC:(G(ir/~ COUNTY ^/~ ~~ NAME Oi i'~~TICAL S DIVISI~O'NI ~ / K/m . DATE ON WHICH VOTE OCCURRED Q/// ~S/~ MY pOSIVTION IS: ~LECTIVE ^ 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