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08-28-2008 VC REG-M• • • MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA AUGUST 28, 2008 Present: William Manuel, Mayor David B. Norris, Vice Mayor Darryl Aubrey, Sc.D. President Pro Tem Edwazd M. Eissey, Ph.D. Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Manuel 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 Councilman Hernacki gave the invocation and Councilman Eissey led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The minutes of the Regular Session held 7/24/08, Special Emergency Session held 8/18/08, and Special Session held 8/20/08 were approved as written. DECLARATION OF EX PARTE COMMUNICATIONS Mayor Manuel reported an ex parte communication with Attomey Gary Brandenburg on 6/4/08 and an ex parte communication with Harold Foster on 8/28/08. President Pro Tem Aubrey and Councilman Hernacki reported ex parte communications with Mr. Brandenburg and Mr. Foster. Councilman Eissey reported an ex parte communication with Mr. Foster on S/28/08. All ex parte communications were regazding Live Oak Plaza. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2008-08 - DOMANI PARCEL LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT Councilman Hernacki moved that Ordinance 2008-08 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING ALARGE-SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN RELATING TO A SEVEN ACRE PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE APPROXIMATELY ONE MILE SOUTH OF PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN ("DOMANI PARCEL"); REMOVING THE PROPERTY FROM SPECIAL POLICY 5.2 AND ASSIGNING IT A HIGH DENSITY RESIDENTIAL FUTURE LAND USE DESIGNATION; AMENDING THE VILLAGE FUTURE LAND USE MAP SERIES; AMENDING POLICY 4.2 OF THE FUTURE LAND USE ELEMENT TO ADDRESS DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS AND RECOMMENDATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. Vice Mayor Norris seconded the motion. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2008-08 - DOMANI PARCEL LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT continued • Mr. Knight related that first reading ofthis ordinance was unanimously approved on 4/24/08 and transmitted to the Florida Department of Community Affairs (DCA) for comment. Mr. Knight advised that the DCA's Objections, Recommendations, and Comments (ORC) Report dealt with the issues of hurricane evacuation protocols for the area, high density residential development on the west side of U.S. Highway 1 versus the east side, and the need for an updated traffic study. Mr. Knight reported that all issues have been addressed. Mr. Knight noted that an updated PUD and site plan must still be submitted by Kolter Properties and approved by Council for this project. Mayor Manuel opened the public hearing and announced that anyone wishing to be notified of the date of publication of the "Notice of Intent" by the DCA should sign-up using the form at the back ofthe room Mrs. Eileen Levin, 115 Lakeshore Drive, distnbuted a letter to the Council Although Mrs. Levin expressed support for a residential project on the proposed site, she objected to the maximum density proposed in the ordinance. Mrs. Levin reiterated issues referenced in the DCA's ORC report, in addition to expressing concerns about issues such as hunricane evacuation, traffic patterns and control, and construction in the coastal high-hazard area. Mrs. Levin stated she feels that the project visually crowds the lot, underground pazking as referenced in the original plan is not committed in the high-density proposal, u-turns to go south may require a traffic signal, and construction could extend over a two to five year period. Mrs. Levin urged further study. Mrs. Patricia Friedman, 1200 Marine Way, distributed a memo to the Council. Mrs. Friedman • advised that she is the Old Port Cove Property Owners Association representative to the Village. Mrs. Friedman read an email from Don Solodaz, former President of the POA as well as Lake Point Tower, which stated "as far as I am concerned, we aze neither in favor nor against the density." Mrs. Friedman read an email from Tom Anastasi, current POA and Cove Towers President, which stated "It appears to me that the Village of North Palm may well be trying to fast track the change in density issue at the Domani in order to avoid having to face future hurricane-related regulations. This matter should be raised tomorrow, since obviously the statement that no families out of 164 would be present at the future Domani site in the summer, factually not supportable, based on Old Port Cove's experience of having about one-third of its residents here in Old Port Cove during that period of time." Mrs. Friedman expressed that the issue of density is a major concern for Old Port Cove residents. Mrs. Friedman noted that Kolter Properties has been very cooperative with Old Port Cove representatives. Mrs. Friedman indicated that Old Port Cove's committee understands that this ordinance does not deal with planning, zoning, design, color, size of units, or landscaping. On behalf of the POA, Mrs. Friedman indicated that at this time they are neither for nor against. Bob Brandner, 130 Yacht Club Drive, requested clarification on the whether the State has answered the Village's response to the ORC report. Mayor Manuel closed the public heazing. Village Planning Consultant Jim Fleischmann explained that after first reading of the ordinance, it • is submitted to DCA and DCA issues its ORC report, which allows the Village 30 days to adopt the amendment. Mr. Fleischmann advised that the Village has written a response to the ORC report, which will be submitted with the amendment. Mr. Fleischmann reported he has talked with DCA representatives about how the Village has addressed DCA concerns; however, DCA will not issue an official opinion until the ordinance is adopted on second reading and transmitted to DCA. Minutes of Village Council Regular Session held August 28, 2008 Page 3 of 7 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2008-08 - DOMANI • PARCEL LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT continued The Village Council noted that this ordinance affects only the density of the site and there are still many steps to be taken before a project is approved. Thereafter, the motion to adopt and enact Ordinance 2008-08 on second reading passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2008-09 - FPL FRANCHISE RENEWAL Councilman Eissey moved that Ordinance 2008-09 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, ANON-EXCLUSIVE ELECTRIC FRANCHISE AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR MONTHLY PAYMENTS TO THE VILLAGE; PROVIDING FOR CONFLICTS; PROVIDING FOR QUALIFIED SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. Councilman Hernacki seconded the motion. Mayor Manuel opened the public hearing. There being no comments from the public, Mayor • Manuel closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2008-09 on second reading passed unannnously. FIRST READING OF ORDINANCE 2008-10 -VOLUNTARY ANNEXATION OF 9249 ALTERNATE AlA (LIVE OAK PLAZAI Councilman Eissey moved that Ordinance 2008-10 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING APPROXIMATELY 2.62 ACRES OF REAL PROPERTY KNOWN AS LIVE OAK PLAZA LOCATED ON THE WEST SIDE OF ALTERNATE AlA SOUTH OF RICHARD ROAD AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION OF THIS PROPERTY MEETS ALL LEGAL CRITERIA; PROVIDING FOR CONDITIONS OF ANNEXATION; DIRECTING VILLAGE ADMINISTRATION TO DO ALL THINGS NECESSARY TO EFFECTUATE SAID ANNEXATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. President Pro Tem Aubrey seconded the motion. Mr. Knight noted a change that needs to be included in the ordinance, which is that the property . owner is obligate to maintain all landscaping shown on the landscaping plan, including the medians on Alternate AlA. Mayor Manuel opened the public heazing. Minutes of Village Council Regular Session held August 28, 2008 Page 4 of 7 FIRST READING OF ORDINANCE 2008-10 -VOLUNTARY ANNEXATION OF 9249 • ALTERNATE AlA (LIVE OAK PLAZA continued Attorney David Gorman, was present on behalf of Foster's Pub. Mr. Gorman stated that approximately 35% of the income for Foster's Pub is generated between the hours of 2:00 a.m and 5:00 a.m. and if Foster's must close at 2:00 a.m, they will have to lay off employees. Mr. Gorman reviewed police calls for Live Oak Plaza, and disputed the number of calls that can be attributed to Foster's Pub. Mr. Gorman requested that the Village give Foster's Pub seven years to comply with the Village Code of Ordinances, which stipulates that drinking establishments must close at 2:00 a.m. Mr. Gorman cited instances in which Council has granted non-conforming entities additional time to comply with Village ordinances, such as landscaping or signage. Mr. Rubin opined that Council may allow additional time to comply with Village ordinances; however, because hours of operation for drinking establishments are stipulated by an ordinance ofgeneral application, it could create issues in the future. Vice Mayor Norris declared a voting conflict and will not participate in the discussion or vote. Attorney Gary Brandenburg was present on behalf of the applicant, and advised that his client consents to the stipulations in the ordinance, including landscaping and maintenance of the median. Mr. Brandenburg requested that the Village move forward with the annexation. Mayor Manuel closed the public heazing. • Discussion ensued concerning creating an exception for Foster's Pub from the hours of operation established in the Code of Ordinances. Discussion took place on Sections 3.C, D, and E of Ordinance 2008-10 concerning the deadlines for compliance with Village Code regarding signage and landscaping. Mr. Brandenburg assured the Council that there is no issue with the time allotted for compliance. Mr. Rubin will revise the ordinance to add language confeming maintenance of median landscaping prior to second reading. Thereafter, the motion to adopt Ordinance 2008-10 on first reading passed with Councilman Eissey, President Pro Tem Aubrey, Councilman Hernacki, and Mayor Manuel voting aye. FIRST READING OF ORDINANCE 2008-11 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT (LIVE OAK PLAZAI Councilman Eissey moved that Ordinance 2008-11 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSNE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A 2.62 ACRE PARCEL OF PROPERTY KNOWN AS "LNE OAK PLAZA" LOCATED ON THE WEST SIDE OF ALTERNATE AlA SOUTH OF RICHARD ROAD, AS MORE • PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY CH/5 LAND USE CLASSIFICATION TO THE VILLAGE COMMERCIAL LAND USE CLASSIFICATION; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTNE DATE be adopted on fust reading. Councilman Hernacki seconded the motion. Minutes of Village Council Regular Session held August 28, 2008 Page 5 of 7 Mayor Manuel opened the public hearing. There being no comments from the public, Mayor • Manuel closed the public hearing. Vice Mayor Norris declared a voting conflict and will not participate in the discussion or vote. Thereafter, the motion to adopt Ordinance 2008-I1 on first reading passed with Councilman Eissey, Councilman Hernacki, President Pro Tem Aubrey, and Mayor Manuel voting aye. FIRST READING OF ORDINANCE 2008-12 -REZONING 9249 ALTERNATE AlA (LIVE OAK PLAZAI Councilman Eissey moved that Ordinance 2008-12 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A 2.62 ACRE PARCEL OF LAND KNOWN AS "LIVE OAK PLAZA" LOCATED ON THE WEST SIDE OF ALTERNATE AIA SOUTH OF RICHARD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY CG ZONING DISTRICT TO THE VILLAGE C-2 (COMMERCIAL) ZONING DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Councilman Hernacki seconded the motion. • Mayor Manuel opened the public heazing. There being no comments from the public, Mayor Manuel closed the public heazing. Vice Mayor Norris declared a voting conflict and will not participate in the discussion or vote. Thereafter, the motion to adopt Ordinance 2008-12 on first reading passed with Councilman Eissey, Councilman Hernacki, President Pm Tem Aubrey, and Mayor Manuel voting aye. CONSENT AGENDA Councilman Hernacki moved to approve the consent agenda. President Pro Tem Aubrey seconded the motion, which passed unanimously. The following items were approved: Receive Minutes ofGeneral Employees Pension Board meeting held 5/7/08 Receive Minutes of Police and Fire Pension Boazd meeting held 5/20/08 Receive Minutes of Library Advisory Board meeting held 5/27/08 Receive Minutes ofGeneral Employees Pension Board meeting held 6/2/08 Receive Minutes of Library Advisory Boazd meeting held 6/24/08 Receive Minutes of Golf Advisory Boazd meeting held 7/14/08 Receive Minutes of Audit Committee meeting held 7/16/08 • Receive Minutes of Library Advisory Boazd meeting held 7/22/08 Receive Minutes of Audit Committee meeting held 7/29/08 Receive Minutes of Code Enforcement Board meeting held 8/4/08 Receive Minutes ofGeneral Employees Pension Boazd meeting held 8/6/08 Receive Minutes of Audit Committee Meeting held 8/7/08 Minutes of Village Council Regular Session held August 28, 2008 Page 6 of 7 RESOLUTION 2008-55 ADOPTED - FL DEPT. OF ENVIRONMENTAL PROTECTION GRANT • AGREEMENT -EARMAN RIVER WATER PIPELINE Councilman Eissey moved that Resolution 2008-55 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FINANCIAL ASSISTANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR GRANT FUNDS RELATING TO THE REPLACEMENT OF THE EARMAN RIVER WATER PIPE LINE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AUTHORIZING THE EXPENDITURE OF MATCHING FUNDS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion, and all present voted aye. RESOLUTION 2008-56 ADOPTED -MINOR MODIFICATION TO HARBOUR ISLES PLANNED UNIT DEVELOPMENT Councilman Eissey moved that Resolution 2008-56 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A MINOR MODIFICATION TO THE PROSPERITY HARBOR SOUTH (N/K/A HARBOUR ISLES) PLANNED UNIT DEVELOPMENT TO PROVIDE FOR A REDUCED FRONT SETBACK FOR A PROPOSED ONE-STORY • GARAGE EXTENSION FOR THE STRUCTURE LOCATED ON LOT 69; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion. Bill Whiteford of Team Plan was present on behalf of the property owners. Discussion ensued as to whether approval by the Property Owner's Association was necessary. Mr. Whiteford advised that there are no affected parties. Thereafter, the motion to adopt Resolution 2008-56 passed unanimously. RESOLUTION 2008-57 ADOPTED -DEED OF CONSERVATION EASEMENT TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT Councilman Eissey moved that Resolution 2008-57 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A DEED OF CONSERVATION EASEMENT IN FAVOR OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT RELATING TO IMPROVEMENTS AT ANCHORAGE PARK; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Aubrey seconded the motion. • Cassandra Thomas of TBE Group explained that the intent is to preserve those areas of mangroves adjacent to the Earman River. Ms. Thomas advised the easement is non-binding, if no construction takes place; however, if construction takes place the Village may not install any hardscape in that area. Thereafter, the motion to adopt Resolution 2008-57 passed unanimously. Minutes of Village Council Regular Session held August 28, 2008 Page 7 of 7 RESOLUTION 2008-58 -RETIREE INSURANCE POLICY AMENDMENT • Vice Mayor Norris moved that Resolution 2008-58 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REVISING RESOLUTION 2007-103 AND ADOPTING AN AMENDMENT TO THE ADMINISTRATIVE POLICY GOVERNING RETIREE INSURANCE BENEFITS TO CLARIFY THE APPLICABLE PAYMENT RATE FOR SPOUSES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion and all present voted aye. FINAL CLOSEOUT OF OSBORNE PARK RENOVATION PROJECT Councilman Eissey moved to authorize final payment to Kirchman Construction in the amount of $16,096.45 in accordance with Village policies. Vice Mayor Norris seconded the motion, and all present voted aye. COUNCIL MATTERS Mayor Manuel complimented staff on actions pre, and post, Tropical Storm Fay. Mayor Manuel gave a report on the Florida League of Cities Annual Conference, which was also attended by President Pro Tem Aubrey and Councilman Hernacki. VILLAGE MANAGER MATTERS Mr. Knight informed the Council that Randy Epstein has requested permission to remove the storage area in the lounge at Village Green Restaurant in order to add additional seating. Mr. Knight stated that Mr. Epstein is willing to do this at his expense. By consensus, Council approved the request. Mr. Knight reminded the Council that there is no sanitation pickup on Monday, due to the Labor Day holiday, and advised that sanitation will keep a consistent schedule for collection during holiday weeks, rather than changing it from time-to-time. Mr. Knight requested Council consider rescheduling its October 9th meeting, which falls on Yom Kippur. Council determined to revisit this matter at the end of September. Mr. Knight reviewed Country Club budget expenses over revenue. Councilman Eissey announced that he will miss the 9/25/08 Council meeting, as he will be attending the wedding of his grandson. ADJOURNMENT • With no further business to come before the Council, the meeting adjourned at 9:20 p.m. Melissa Teal, CMC, Village Clerk L WHO MUST FILE FORM 86 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, coundil, 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, Flodda 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 fling the form. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 5T NAME~IRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE orris .David 6. Village Council of North Palm Beach' MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 501 U.S. Hi hwa 1 WHICHISERVE ISA UNIT OF: CITY COUNTY ~1 CITV OCOUNTV OOTHER LOCAL AGENCY 40 - Beach NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCU RRED MY POSITION 15: ~ ' ELECTIVE O APPOINTIVE 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 urea 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 govemment 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 officers 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 offcer 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 areabstaining 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. 1Y2000 ~ PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, David 6 . Norris ,hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, /inured to the special gain or loss of my relative, i/ inured to the special gain or loss of ~>Y~ /L~ ~ whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: /d 7`~r11~ ~~" d ~ -rv~ L-t v~ ~1a K ~ ~ 'Z14 Sf ~ ~i~~ /~/ /~,e I~3~~ ~~ r,~ vL s o f oP~+r. ,~J ~~~~ ,~4 ~L U,7 2~' 7~v ~ Date Filed by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE i CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. ~~Gal ~~ ,20 ~: CE FORM 86 - EFF. 112000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS T NAME~IRST NAME~.AIDDLE NAME NAME OF OOARD, COUNCIL, COMMISSION, AUTHORITY, Oft COMMITTEE orris .David 6. Village Council of North Palm Beach MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMTfTEE ON 501 U.S. Hi hwd 1 WHICHISERVE IS AUNIT OF: CITY COUNTY ~7 CITY OCOUNrY ^OTHER LOCAL AGENCY Beach NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCU RRED MV POSITION IS: ~ ' ELECTIVE ^ APPOINTIVE 1 WHO MUST FILE FORM SB 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, Flodda 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 farm. 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 pdvate 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 offcers 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 officers 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, cecwner 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 descdbed 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 BB-EFF. 1/2000 ~ PAGE1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency, • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, David B . Norris ,hereby disclose that on f~ y6 ~'~` 7 ~ , zo ~~ (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, /~ inured to the special gain or loss of $ 7`~ ~ P ~c it ~~1°!!~ ~ ~~/~ , by whom I am retained; or _ inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency andrthe na/t~ure of my conflicting interest in the m/easure is as/follows: ~? ~ ~ ~ 7-0~ 3 r~1~~t ~r T Date Filed Signat e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of govemment 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. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS T NAME~IRST NAME~AIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE orris .David B. Village Council of North Pa]m Beach MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMnTEE ON 501 U.S. Hi hwa 1 WHICH ISERVE ISA UNIT OF: CITY COUNTY ~1 CITY OCOUNfY ^OTHER LOCAL AGENCY 40 . Beach NAME OF POLITICAL SUBDIVISION: DATE O IC O OCC h N WH H V TE U RRED MY POSITION IS: ' ELECTIVE ^ APPOINTIVE INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES person holding elective or appointive county, municipal, or other local public otfice MUST ABSTAIN from voting on a measure which ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ure which inures to the special gain or loss of a principal (other than a govemment 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 officers 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 16 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 ~y 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 a8 - EFF. 1/2000 'PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, David B . Norris ,hereby disclose that on `~ U6 uST ~ , 20 L~: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative ; inured to the special gain or loss ofT ~ t/ X7 ' _v ` ~C ~ , by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: l ~'~~ (~ G 5~ %~ ~s /~~ 20 ~',~~~ ~ f ' ~~ v~ dpi 1~ ~ ~ ~~ a ~~. c f f~~ c~~r ~,`` C~ uc .d /~iJ~ ~ ~ ~~ ~~~~ Date Filed Signa e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A, CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2