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04-30-2009 VC SP-MMINUTES OF THE SPECIAL SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA APRIL 30, 2009 Present: David B. Norris, Mayor William L. Manuel, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tem Edward M. Eissey, Ph.D., Councilman T.R. Hernacki, P.E., Councilman Melissa Teal, CMC, Village Clerk Jimmy Knight, Public Safety Director ROLL CALL Mayor Norris called the meeting to order at 7:00 p.m. All members of Council were present. All members of staff were present, except the Village Attorney. PURPOSE OF THE SPECIAL SESSION The purpose of the Special Session was to interview applicants and make appointments to Village Boards. Tom Andres, Erskine Rogers, Ernest Porter, and Carol Wood were present for interviews by the Village Council. AUDIT COMMITTEE Councilman Eissey moved to reappoint incumbent members to the Audit Committee. President Pro Tem Aubrey seconded the motion, which passed unanimously. Thereafter, the names of Richard Podell, Emery Newell, and Robert Gebbia were entered into Resolution 2009-31. CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS Councilman Eissey moved to reappoint incumbent members to the Construction Board of Adjustment and Appeals. President Pro Tem Aubrey seconded the motion, which passed unanimously. Thereafter, the names of Anthony Agrusa, Susan Stokes, Harry Ackerman, and Charles Giacomelli were entered into Resolution 2009-31. LIBRARY ADVISORY BOARD Councilman Hernacki moved to reappoint Kari Foster and Patty Sullivan, and to move Robert Maurer to the position of 1st Alternate. President Pro Tem Aubrey seconded the motion, which passed unanimously. Councilman Eissey moved to appoint Ernest Porter as 2nd Alternate. Vice Mayor Manuel seconded the motion, which passed unanimously. PLANNING COMMISSION • Councilman Hernacki moved to reappoint Cory Cross and Todd Engle, and to reappoint Kris Garrison to a regular member position. Councilman Eissey seconded the motion and all present voted aye. Minutes of Village Council Special Session held Apri130, 2009 Page 2 of 3 • PLANNING COMMISSION continued As there were no new applicants for the Planning Commission, Council directed the Village Clerk to re-advertise in the newsletter and online for the positions of 1st Alternate and 2nd Alternate. POLICE AND FIRE PENSION BOARD Vice Mayor Manuel moved to appoint Robert DiGloria to the Police and Fire Pension Board. Councilman Eissey seconded the motion, which passed unanimously. RECREATION ADVISORY BOARD Councilman Eissey moved to reappoint incumbent members. President Pro Tem Aubrey seconded the motion, which passed unanimously. Thereafter the names of Paul Beach, Brian Mahoney, Dianna Craven, and Christopher Cantwell were entered into Resolution 2009-31. VILLAGE HISTORIAN Discussion was held regarding the appointment of one or more applicants to serve as associate historians. Dr. Joan Aubrey addressed the Council and expressed her wish to be reappointed to the position of Village Historian. Dr. Aubrey advised that one associate historian would suffice. Councilman Eissey moved to reappoint Joan Aubrey as Village Historian and to appoint Carol Wood as Associate Historian. Vice Mayor Manuel seconded the motion. President Pro Tem Aubrey declared a voting conflict. Discussion took place concerning the positions of Village Historian and Associate Historian. It was noted that the purpose of the Associate Historian is to provide assistance to the Village Historian. Thereafter, the motion passed with Councilman Eissey, Vice Mayor Manuel, Councilman Hernacki, and Mayor Norris voting aye. WATERWAYS BOARD Vice Mayor Manuel moved to reappoint incumbent members. Councilman Eissey seconded the motion, which passed unanimously. Thereafter, the names of Denise Whiteford and Jerry Sullivan were entered into Resolution 2009-31. ZONING BOARD OF ADJUSTMENT Councilman Eissey moved to reappoint incumbent members to the Zoning Board of Adjustment. President Pro Tem Aubrey seconded the motion, which passed unanimously. Thereafter, the names of Roy Chapin, Louis Daniello, Curtis Witters, Ted Bukowski, and Keith Davis were entered into Resolution 2009-31. CODE ENFORCEMENT BOARD • Councilman Hernacki moved to appoint Alfred Cilcius and Lisa Holm to the Code Enforcement Board. The motion was seconded by President Pro Tem Aubrey and all present voted aye. RESOLUTION 2009-31 ADOPTED -APPOINTING MEMBERS TO VILLAGE BOARDS Minutes of Village Council Special Session held Apri130, 2009 Page 3 of 3 • Councilman Eissey moved that Resolution 2009-31 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE, CODE ENFORCEMENT BOARD, CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS, LIBRARY ADVISORY BOARD, POLICE AND FIRE PENSION BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD, WATERWAYS BOARD, AND ZONING BOARD OF ADJUSTMENT; APPOINTING A VILLAGE HISTORIAN AND ASSOCIATE HISTORIAN; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Aubrey seconded the motion, which passed unanimously. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 7:55 p.m. m~- ~iy6il Melissa Teal, CMC, illage Clerk • FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF~~OARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Aubrey, Darryl C. Village Council of North Palm Beach MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 501 U . S . ~"~ i hway 1 yyWHICH I SERVE IS A UNIT OF: CITY COUNTY 'C] CITY ^ COUNTY ^ OTHER LOCAL AGENCY North Palm Beach FL 33408 Palm Beach NAME OF POLITICAL SUBDIVISION: f N th Pa l ch 11 B V m ea d e o or : 1 DATE ON WHICH VOTE OCCURRED MY POSITION IS: A ri 1 3O 2009 d( ELECTIVE ^ 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 SEGTION 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 a w r r w r a r w r w : w 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. w • t w r w • w e w • • r a • r 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 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 45 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, Darryl C. Aubrey' ,hereby disclose that on April 30 ,2009 (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, X inured to the special gain or loss of my relative, Joan Aubrey inured to the special gain or loss of , 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: The Village Council was voting on the reappo7ntment of my wife, Joan Aubrey, to the position of Village Historian. ~/~/o~ Date Filed Sii NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY 8E 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 86 - EFF. 1/2000 PAGE 2