08-23-2007 VC REG-M•
•
u
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORH)A
AUGUST 23, 2007
Present:
Dr. Edward M. Eissey, Mayor
William Manuel, Vice Mayor
David B. Norris, President Pro Tem
Darryl Aubrey, Councilman
T.R. Hemacki, P.E., Councilman
Jimmy Knight, Village Manager
Leonard Rubin, 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
Vice Mayor Manuel gave the invocation and President Pro Tem Norris led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The minutes of the Regular Session held 8/9/07 were approved as written.
STATEMENTS FROM THE PUBLIC
Roland Samuelson, 1028 Country Club Drive, addressed the Council concerning the excessive noise
of the pump on the 17th green, as well as problems with the fence surrounding the pump.
Mr. Knight and Mr. Phoenix were directed to investigate this issue.
DECLARATION OF EX PARTE COMMUNICATIONS
Councilman Aubrey reported a meeting on 8/13/07 with Robert Vail concerning the revised
plans for the Domani project. Councilman Hemacki requested clarification concerning ex
parte reporting. Village Attorney Len Rubin opined that it is only required when the issue is
voted on. Councilman Hernacki announced a meeting with Kolter Properties on 8/21/07.
CONSENT AGENDA
Vice Mayor Manuel moved to approve the consent agenda. Councilman Aubrey seconded the
motion, which passed unanimously. The following items were approved:
Receive Minutes of Special Planning Commission meeting held 5/29/07
Receive Minutes of Planning Commission meeting held 6/5/07
Receive Minutes of Code Enforcement Board meeting held 8/6/07
Receive Minutes of Recreation Advisory Board meeting held 8/14/07
Minutes of Village Council Regular Session held August 23, 2007 Page 2 of 4
RESOLUTION 2007-82 ADOPTED -COUNTRY CLUB FOOD & BEVERAGE OPERATIONS
LEASE AGREEMENT
Vice Mayor Manuel moved that Resolution 2007-82 entitled.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING ANEW LEASE AGREEMENT WITH PEAS AND CARROTS
CATERING, INC. (D/B/A/ CONTINENTAL CATERING) FOR FOOD AND BEVERAGE
OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Norris sewnded the motion.
Randy Epstein was present on behalf of Peas and Carrots Catering, Inc. Discussion ensued on the
agreement. A question was raised regarding the Village's ability to temvnate the lease within the
five-yeaz period. Village Attorney Len Rubin advised that although performance standards are
included in the agreement, there is no termination for cause section in the agreement. Discussion
took place on the hours the restaurant is open in the morning. Mr. Epstein advised the restaurant is
open every day at 7:00 a.m., except during the off-season, when it opens at 10:00 a.m. on Sundays
and Mondays. The following changes to the agreement were requested: specify what Peas and
Carrots will provide as the exclusive food and beverage vendor for Village events and the employee
• bazbeque, clarify reference to golf course closing in Section G on page 3, delete references to
Country Club Director, stipulate that the facility is to be maintained in a first-class condition, and in
Section 15, Assignment and Sublease on page 12, include a provision for Village consent in the event
of sale of the corporation. Mr. Epstein agreed to these changes. Discussion ensued on Friday night
bazbeques at the pool. Mr. Epstein expressed his willingness to continue this event through Labor
Day; however, he was informed that the pool is closed, due to problems obtaining lifeguards.
Mr. Knight will see what can be done about this situation.
Thereafter, Resolution 2007-82, as amended, passed unanimously.
RESOLUTION 2007-83 ADOPTED - U.S. HIGHWAY 1 CORRIDOR STUDY PHASE II AMENDMENT
Vice Mayor Manuel moved that Resolution 2007-83 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING THE AGREEMENT WITH LAND RESEARCH MANAGEMENT FOR
THE U.S. HIGHWAY ONE CORRIDOR PLANNING STUDY TO CHANGE THE SCOPE OF
SERVICES FOR PHASE TWO; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE
be adopted. Councilman Hernacki seconded the motion, which passed unanimously.
• Brief discussion took place concerning buildings on U.S. Highway 1 that display signs advertising
space for rent, when there is no vacancy in the building where the sign is located.
Minutes of Village Council Regular Session held August 23, 2007 Page 3 of 4
• RESOLUTION 2007-84 ADOPTED -VILLAGE-WIDE TELEPHONE SYSTEM
Vice Mayor Manuel moved that Resolution 2007-84 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A MASTER PURCHASE AND MAINTENANCE AGREEMENT WITH
SHARED TECHNOLOGIES FOR THE PURCHASE AND INSTALLATION OF A NEW
VILLAGE-WIDE TELEPHONE SYSTEM AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Aubrey seconded the motion.
Mr. Knight reported that the new telephone system will save the Village almost $4,300 annually, as
the new monthly rate is lower than the current rate. Mr. Knight confu~rned that this is a piggyback on
an existing state contract.
Thereafter, the motion to adopt Resolution 2007-84 passed unanimously.
RESOLUTION 2007-85 ADOPTED -APPLICATION FOR STATE AID TO LIBRARIES GRANT
Vice Mayor Manuel moved that Resolution 2007-85 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING THE FILING OF AN APPLICATION FOR STATE AID TO
• LIBRARIES GRANT FUNDS, INCLUDING THE PREPARATION OF SUPPORTING
DOCUMENTATION AND THE EXECUTION OF THE GRANT AGREEMENT, AND
AUTHORIZING VILLAGE ADMINISTRATION AND VILLAGE OFFICIALS TO TAKE ALL
STEPS REQUIRED FOR THE RECEIPT OF SUCH FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE
be adopted. President Pro Tem Norris seconded the motion and all present voted aye.
COUNCIL MATTERS
Councilman Aubrey moved to terminate the Village's contract with SFRN, effective today. Village
Attorney Len Rubin advised that termination would not be effective for 30 days as the contract
provides for 30 days written notice. Councilman Hernacki seconded the motion. Mr. Knight
distributed a letter from Keith Jackson, which states that Mr. Shalloway has left the firm. President
Pro Tem Norris requested this issue be placed on the next agenda, so that Mr. Jackson can be present,
and moved to table it to the next Regulaz Session. Councilman Hernacki seconded the motion, which
passed 4 - 1, with President Pro Tem Norris, Councilman Hernacki, Vice Mayor Manuel, and Mayor
Eissey in favor, and Councilman Aubrey opposed.
Vice Mayor Manuel reported on the Florida League of Cities Annual Conference and the August
meeting of the Palm Beach County League of Cities. Vice Mayor Manuel noted the Palm Beach
County League of Cities is requesting that members of local municipalities attend the September 11th
• Boazd of County Commissioners meeting to support second reading of an ordinance placing the
Home Rule Charter Amendment on the November 4, 2008 ballot.
Minutes of Village Council Regular Session held August 23, 2007 Page 4 of 4
VILLAGE MANAGER MATTERS
• Mr. Knight reported 98 golf membership renewals, including four "golf plus" memberships.
Mr. Knight gave a brief review of the meeting with concerned residents regazding Lakeside Pazk.
Mr. Knight briefly discussed expvation of grants and use or return of grant funds.
Vice Mayor Manuel congratulated Kim Pollazd and other Village volunteers, as well as the Village
Clerk, for participating in the last shipment to our adopted military unit. Mayor Eissey concurred.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:27 p.m.
• 6~~~ ~ ,T~ ~.~~~
Melissa Teal, CMC, Village Cler c
u
RECORD OF
Ex Parte Communication
Pursuant to Resolution 32-95
a.m
DATE: FS `I ~- 0 1 TIME: 1p~ 1 V ~ n0 p.m.
PERSON CALLING: ~ yi~~x
~C3
• COUNCILMAN: O -
RECEIVED BY:
TITLE:
a.m.
DATE• TIME: p.m.
J
ISSUE: Pno/Z.-..~ ...eN ~t>~ St4~1``~ cJ-