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HomeMy Public PortalAbout05/24/2011 * Special Joint Meeting of the Town Commission & the ARPBMINUTES OF THE SPECIAL JOINT MEETING HELD BY THE TOWN COMMISSION AND THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM ON TUESDAY, MAY 24, 2011 AT 8:15 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Call to Order. Mayor Koch called the Special Joint Meeting to order at 8:15 A.M. CI. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and Participating: Town Commission: William F. Koch, Jr. Mayor Joan K. Orthwein Vice -Mayor Fred B. Devitt, III Commissioner Muriel J. Anderson Commissioner Absent w/Notice Chris D. Wheeler Commissioner Architectural Review Robert Ganger Chairman & Planning Board Scott Morgan Vice -Chairman Charles Frankel, III Board Member Malcolm Murphy Board Member Thomas Smith Board Member Absent w/Notice Amanda Jones Board Member Also present and participating from the Town of Gulf Stream: William H. Thrasher, Town Manager; Rita L. Taylor, Town Clerk; Garrett Ward, Police Chief; Ed Allen, Police Lieutenant; Linda Harvel, Town Accountant; Gail Abbale, Office Assistant; and, Brian Dietrick, Town Maintenance. Present from the Town of Ocean Ridge: Mayor Kenneth Kaleel, Jean Hallahan and Marsha Martin. IV. Palm Beach Countv Code of Ethics Training Program for Municipal EmDlovees and Officials. Mark E. Bannon, Investigator with the Palm Beach County Commission on Ethics, introduced himself and reviewed documents which were included in the participant packet. He said the Acknowledgement of Receipt of Palm Beach County Code of Ethics Training for Municipal Employees and Officials must be completed at the end of the training and will remain with the Clerk's Records. In addition, the Employee Conflict of Interest Waiver would only apply to those engaged in outside employment. Mr. Bannon summarized the Palm Beach County Commission on Ethics Code of Ethics Power Point Presentation which was included in the participant packet and has been made a part of the record and C filed with the Town of Gulf Stream. He said the Palm Beach County Commission on Ethics provides this training because the Code of Ethics can be difficult to understand. All of Palm Beach County Government officials and employees have been provided training. Mr. Bannon said he would take questions following the training session; however, he will not be able to answer specific inquiries without doing research. Specific inquiries must be in writing requesting an advisory opinion. A. Questions From the Floor. Voting Conflicts, Sec. 2-443(b) provides that County Officials shall abstain from voting and not participate in any matter that will result in a Financial Benefit and, when abstaining, the Official shall publicly disclose the nature of the conflict. Mr. Ganger asked what the Official should do if asked a E 0 Special Joint Meeting / Code of Ethics Training Town Commission & Architectural Review and Planning Board May 24, 2011 Page 2 question. Mr. Bannon said the Official can choose to leave the room, but has the right to be present for the discussion. If they are present and are asked a question, they must decline to answer. With regard to municipal business being awarded through sealed, competitive bids, Commissioner Anderson asked if a municipality would have to award business to the lowest bidder. Mr. Bannon said Cthat would be a question for the Town Attorney to address. The Palm Beach County Commission on Ethics interprets the Code of Ethics, issues advisory opinions upon receipt of written requests, processes written complaints and hears cases involving Code of Ethics violations. Commissioner Devitt asked if the requests for advisory opinions are confidential. Mr. Bannon said the request and the opinion are posted by subject matter on the Commission's website and are not anonymous. A formal complaint is to be in writing on a specific form, signed under oath, notarized and accompanied by supporting documentation. When the Commission receives a complaint believed to be legally sufficient, they investigate to determine probable cause and may schedule a public hearing to resolve the matter. Mr. Ganger asked how the Commission decides whether or not a complaint will be resolved in a public hearing. Mr. Bannon said after a complaint is received and determined to be legally sufficient, the Commission will begin an investigation to find probable cause. The investigator presents the evidence to the Commission during an Executive Session and the respondent will present their defense, with or without an attorney present. If it is determined that probable cause exists, it then becomes a public matter and the Commission will schedule a public hearing. Mr. Ganger asked if the Commission on Ethics meets on a regular basis. Mr. Bannon said they meet once a month. Mr. Bannon mentioned that the Inspector General provides training and Mr. Thrasher asked if municipalities are also required to be trained by the Inspector General. Mr. Bannon said he did not know if it is a requirement, but training is available. Mr. Thrasher asked if Commissioners voting on issues concerning property appreciation and protection against property devaluation would be exempt from accusation for protecting property valuation. Mr. Bannon said it would not be a problem in a matter of values relating to every home in an area, but it could be a problem if the matter pertained to just their home and maybe a neighbor or two. He said it would be a question for the Town Attorney to address. Mr. Thrasher asked if the rules, as they relate to the Commission on Ethics and the Inspector General, continue to evolve. Mr. Bannon said he could not speak for the Inspector General, but because of Cunforeseen circumstances, the rules of the Commission on Ethics would evolve. He said changes to the rules would not require continuing education and that changes to the Code will be posted on their website. Commissioner Devitt asked about voting on issues when a Commissioner is a member of a private club. Mr. Bannon said being a member of an organization is different than being a director on their board where they would have control of a situation. He said it would be a question for the Town Attorney to address. Mayor Kaleel asked about voting on issues that people who have donated money to your charitable cause have a vested interest in. Mayor Koch stated that he has been on the Board of Directors of Bethesda Hospital for 50 years, he has raised money for their charitable causes in Gulf Stream and has voted on issues of the Town that could affect them. Mr. Bannon said that the goal of the U C Special Joint Meeting / Code of Ethics Training Town Commission & Architectural Review and Planning Board May 24, 2011 Page 3 Commission on Ethics is to stop inadvertent violations, which is why training is the major portion of what they do. He said if anyone would like an advisory opinion on a matter, they could request it in writing. If what they are doing violates the Code of Ethics, the Commission on Ethics will let them know. Mr. Bannon said the Code was written over several hours of meetings by the Executive Director C of the Commission on Ethics and people from the League of Cities, Palm Beach County and the municipalities. The Code is what it is and once you are aware that you may not be able to do something and you do it anyway, it can be considered an inadvertent act. Mr. Morgan said the Code is subject to interpretation and is a disincentive to ask for an advisory opinion. Mr. Bannon said if enough people have asked for an advisory opinion on an issue, the information is out there. If you have discussions on an issue and someone suggests you request an advisory opinion, but you decide not to and do something you think may be wrong, it can be interpreted as an inadvertent act. Like any law, the Code is subject to interpretation, but most things within the Code are very clear. Mr. Ganger asked Mr. Bannon if there is a sunset provision for any of the positions. Mr. Bannon said he does not believe there is a sunset provision. Mayor Koch adjourned the Joint Meeting at approximately 9:30 A.M. Administrative Assistant Lel K