11-23-2009 VC SP-M MINUTES OF THE SPECIAL SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
NOVEMBER 23, 2009
Present: David B. Norris, Mayor
William Manuel, Vice Mayor
Darryl Aubrey, Sc.D., President Pro Tem
Edward M. Eissey, Ph.D., Councilman
T.R. Hernacki, P.E., Councilman
Jimmy Knight,Village Manager
Len Rubin, Village Attorney
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Norris called the meeting to order at 6:30 p.m. All members of Council were present.
All members of staff were present.
RESOLUTION — AMENDMENT TO LEASE AGREEMENT WITH PEAS AND CARROTS
CATERING D/B/A CONTINENTAL CATERING
Vice Mayor Manuel moved to adopt a proposed Resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A FIRST AMENDMENT TO THE 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;PROVIDING FOR AN EFFECTIVE DATE.
The motion was seconded by President Pro Tem Aubrey.
Mr. Knight reported on changes since the agenda backup was distributed. Mr. Knight reported
that Mr. Epstein advised he is unable to enter into the amended contract as specified and is
unable to pay any rent or utilities to the Village. A Notice of Non-Payment was hand delivered
to Mr. Epstein by Mr. Knight and Village Attorney Len Rubin on 11/20/09, which affords
Mr. Epstein seven days to bring current any deficiencies in his account. Mr. Knight advised that
until another restaurant vendor can be located, Mr. Epstein is willing to continue to operate the
restaurant and remit payment of 50% of the net profit. Mr. Knight advocated that Peas and
Carrots Catering immediately forfeit all deposited money held by the Village and that a fair
market value of all personal property at the Country Club be established. Mr. Knight reported
the contract provides that Peas and Carrots is responsible for the entire rent, with the estimated
total rent due for fiscal year 2010 approximately$200,000 or a monthly total including sales tax
of$17,408.
Randy Epstein and his accountant Alan Fishman addressed the Council and provided details of
Mr. Epstein's financial situation.
Discussion ensued on the following issues: pending bookings for outside events, what costs
would be included in determining net profit, verification of net profit, what restaurant equipment
is encumbered, and issuance of a Request for Proposals (RFP) for a new restaurant vendor.
Mr. Epstein offered to supply Mr. Knight with a list of his existing bookings and deposits.
Council consensus was that there are no new bookings beyond 1/31/2010 without authorization
by the Village Manager.
Minutes of Village Council Special Session held November 23,2009 Page 2 of 2
Mr. Knight anticipated an RFP could be issued by the second week in December with a response
deadline in about six weeks.
Council directed Mr. Knight and Mr. Rubin to prepare a new Amendment to the Lease
Agreement with Peas and Carrots Catering.
Vice Mayor Manuel moved to table this item to the next Regular Session on 12/10/09.
Councilman Hernacki seconded the motion, which passed unanimously.
VILLAGE MANAGER MATTERS
Mr. Knight reported on the scheduled demolition of the old Decesare's Restaurant located at 639
U.S. Highway 1. Mr. Knight advised that the owner has offered to allow the Village to conduct
fire rescue training in the building prior to demolition; however, this requires execution of an
agreement to indemnify or hold harmless the property owner against any claims. Mr. Knight
noted the building would not be burned and would be used solely as a training structure.
Councilman Eissey moved to authorize the agreement, subject to review by the Village Attorney.
Councilman Hernacki seconded the motion, which passed unanimously.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 7:51 p.m.
Melissa Teal, CMC, Village Clerk