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08-25-1994 VC REG-M1 1 MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, AUGUST 25, 1994 Present: Gail H. Vastola, Mayor V. A. Marks, M. D. , President Pro Tem Tom Valente, councilman Larry Kelley, Councilman Dennis W. Kelly, Village Manager George w. Baldwin, Village Attorney Rathleen F. Kelly, Village Clerk Absent: ROLL CALL Jeffrey H. Atwater, Vice Mayor Mayor Vastola called the meeting to order at 7:30 p.m. All-members of Council were present except Vice Mayor Atwater. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Mayor Vastola gave the invocation, and Councilman Kelley led the public in the Pledge of Allegiance to the Flag. The following Minutes were approved as written: Minutes of Public Hearing held 8/11/94 Minutes of Regular Session held 8/11/94 REPORT OF THE MAYOR Mayor Vastola proclaimed the month of September, 1994 Literacy Awareness Month in the Village of North Palm Beach. Chuck Blaine was present to accept the Proclamation on behalf of the Palm Beach County Literacy Coalition. Mayor Vastola also proclaimed the month of September, 1994 Sickle Cell Awareness Month in the Village of North Palm Beach. Elizabeth Johnson, President of the Palm Beach County Chapter of the Sickle Cell Disease Association of America was present to accept the Proclamation. Julie Bishop, Project Manager of the Big Munyon Island Wetland ' Restoration Project for Palm Beach County's Department of Environmental Resources Management, updated the Village Council on the status of Munyon Island. Ms. Bishop gave a film presentation of the 9.6 acres restored to date. ' Minutes of Regular Session held Thursday, August 25, 1994 STATEMENTS FROM THE PUBLIC Various residents addressed the Council regarding the speed limit on Prosperity Farms Road, which was recently raised to 40 mph by the County. During those statements, the Village Manager was directed to have the Public Safety Department patrol the Allamanda School area during the school opening and school dismissal hours. Mr. Kelly was also directed to look into the possibility of changing the blinking light at the intersection of Allamanda and Prosperity Farms Road to full working traffic light. PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of Planning Commission's Public Hearing held 8/2/94 Minutes of Planning Commission Regular Meeting held 8/2/94 Minutes of Recreation Advisory Board Meeting held 8/9/94 ' Minutes of Country Club Administrative Board Meeting held 8/15/94 BOARD RECOMMENDATIONS Councilman Valente moved that a resolution be drafted thanking Dave Loonan for his time and knowledge spent in making the Sectional Little League Tournament a huge success. President Pro Tem Marks seconded the motion, and all present voted aye. President Pro Tem Marks moved that the Recreation Advisory Board look into the purchase of a Community Center sign, using monies from this year's budget. Councilman Valente seconded the motion, and all present voted aye. ORDINANCE 16-94 - ANNEXATION OF SOUTHWEST NEIGHBORHOOD - President Pro Tem Marks moved that Bill 753 (Ordinance 16-94) entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING TO THE VILLAGE CERTAIN AREAS OF PROPERTY; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE TO INCLUDE SAID PROPERTY; CALLING FOR A REFERENDUM ELECTION 2 ' Minutes of Regular Session held Thursday, August 25, 1994 IN THE VILLAGE AND WITHIN THS AREA PROPOSED TO BE ANNEXED; DIRECTING THS VILLAGE CLERK TO PUBLISH NOTICE OF THE REFERENDUM; AND PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Councilman Valente seconded the motion, and all present voted aye. Councilman Valente moved that Bill 753 be enacted as Ordinance 16-94. Councilman Kelley seconded the motion. During continued discussion, the consensus of Council was to change the effective date from December 9, 1994 to January 1, 1995, after approval by referendum. The motion carried 4-0. RESOLUTION 34-94 ADOPTED - SPECIAL CONSULTANT Councilman Valente declared a Conflict of Interest regarding Resolution 34-94, approving a Special Consultant Agreement between the Village of North Palm Beach and Charles R. O'Meilia. Councilman Valente announced that he would abstain from voting. ' President Pro Tem Marks moved that Resolution 34-94 be taken from the table. Councilman Kelley seconded the motion, which passed 3-0, Councilman Valente abstaining. President Pro Tem Marks moved that Resolution 34-94 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 A CONSULTING AGREEMENT WITH CHARLES R. O'MSILIA FOR CONSULTING SERVICES ON MUNICIPAL MATTERS, WHICH CONSULTING AGREEMENT IS ATTACHED AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Kelley seconded the motion. During discussion, the Village Council changed the hourly rate from $36.04 to $75.00. Thereafter, the motion passed 3-0, Councilman Valente abstaining. RESOLUTION 35-94 ADOPTED - EMS GRANT Councilman Valente moved that Resolution 35-94 entitled: ' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, CERTIFYING THAT MONIES FROM THE EMS GRANT WILL 3 ' Minutes of Regular Session held Thursday, August 25, 1994 IMPROVE AND EXPAND EMERGENCY MEDICAL SERVICES IN THE VILLAGE OF NORTH PALM BEACH AND THAT THE GRANT MONIES WILL NOT BE USED TO SUPPLANT EXISTING PROVIDER'S EMS BUDGET be adopted. Councilman Kelley seconded the motion, and all present voted aye. RESOLUTION TABLED FOR LAKE SIDS PARK TREE SCULPTURES POLICY President Pro Tem Marks moved to indefinitely table a proposed resolution setting forth a policy relative to contributions for wood carvings at Lakeside Park, and determining guidelines for implementation of tree-sculpting program. Councilman Valente seconded the motion, and all present voted aye. WABASH DRIVE WATER LINE IMPROVEMENT PROGRAM - T i TTTTI~T T l'f f+T President Pro Tem Marks moved to direct staff to authorize Seacoast ' Utility Authority to proceed with the preparation of bid documents and the solicitation of bids for the construction of water lines for Wabash Drive (Circle Aire Subdivision). Councilman Kelley seconded the motion, and all present voted aye_ BUDGET TRANSFER APPROVED FOR CLERK'S OFFICE REMODELLING Councilman Valente moved that a budget transfer request in the amount of $1,287.00 from A4904-11300 (Part-Time Pay) and A4904- 34710 (Printing & Binding) to A4904-34620 {R&M-Bldgs. & Grounds) be approved to expand the Clerk's office by removing an old shower stall closet. Councilman Kelley seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED FOR GOLF COURSE MAINTENANCE Councilman Valente moved that a budget transfer request in the amount of $3,000.00 from various accounts to L8045-34650 (R&M- Machinery & Equipment) be approved for the purpose of covering current negative balances in the account and to fund purchases through the end of the fiscal year. President Pro Tem Marks seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED FOR POOL ' Councilman Valente moved that a budget transfer request in the amount of $13,000.00 from L8070-49910 (Country Club Contingency) to 4 . 4 Minutes of Regular Session ' held Thursday, August 25, 1994 various accounts be approved for the purpose of covering current negative balances in the account and to fund purchases through the end of the fiscal year. President Pro Tem Marks seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED FOR FOOD AND BEVERAGE Councilman Valente moved that a budget transfer request in the amount of $38,000.00 from various accounts to L8053-35510 (Food} and L8053-35520 (Bar) be approved for 'the purpose of covering current negative balances in the account and to fund purchases through the end of the fiscal year. Councilman Kelley seconded the motion. The motion passed 3-1, with Councilman Valente, Councilman Kelley and Mayor Vastola voting aye, and President Pro Tem Marks voting nay. ADJOURNMENT C 1 There being no further business to come before the Council, the meeting adjourned at 8:58 p.m. 5 w I ~- -~ ~ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM E-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE VAT,FNTF: SAMUEL THUMAS (TOM) VI MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHLCH I SERVE IS A UNIT OF: 659 KINGFISH PLACE ~ CITY ^ COUNTY ^ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: DATE ON WHIG VOTEO URRE MY POSITION IS: ^ ELECTIVE ^ APPOINTIVE _ 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, 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 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 special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures Yo the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to [he special private gain of a business associate. Commissioners of community redevelopment agencies under Sea 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, 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 Lhe 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 IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes 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 WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with [he person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly ai the next meeting after the form is filed. t'F FDR M RR - f0-91 PAOF 1 ~. .~ 5. 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 I S 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 TOM VALENTE ,hereby disclose that on ~/a~ , 19~ (a) A measure came or will come before my agency which (check one) inured to my special private gain; inured to the special gain of my business associate, inured to the special gain of my relative, Mti Aa~~' s father i n law , inured to the special gain of whom I am retained; or inured to the special gain 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: MY DAUGHTER DEBBIE VALENTE 0!MEILIA IS MARRIED TO CHARLES 0!MEILIA S SON. MR. O'MEILIA IS BEING CONSIDER_FOR A CONSULTING JOB WITH THE VILLAGE OF NPB. Date File by ,which ~~ 1~~~-- Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), 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 $5,000. CE FORM 8B- 10-91 PAGE2