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HomeMy WebLinkAbout10-08-2009 VC WS-MPresent: ROLL CALL MINUTES OF THE WORKSHOP SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 8, 2009 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 Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk Mayor Norris called the meeting to order at 8:32 p.m. All members of Council were present. All members of staff were present. CODE AMENDMENT — PUBLIC NOTICE REQUIREMENTS FOR LAND USE CHANGES Discussion was held concerning an amendment to the Code of Ordinances to expand the notice requirements related to rezoning, text amendments, and other land use changes. In addition to the proposed changes, it was requested that signage be posted on property that is the subject of a request for a variance, and that public notice be posted on the Village website regarding Planning Commission meetings for review of site plan applications. This item was forwarded to the next Regular Session agenda on 10/22/2009. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) PROPOSED INTRACOASTAL WATERWAY BOATING SPEED ZONES Discussion took place regarding changes proposed by the Florida Fish and Wildlife Conservation Commission (FWC) to the boating speed zone in the Intracoastal Waterway between the PGA Bridge and the Parker Bridge. Mr. Knight advised that Village Marine Patrol Officer Scott Vandeusen conducted a study of the time needed to travel the Intracoastal Waterway between the PGA Bridge and the Parker Bridge using both the proposed and existing speed zone regulations. Officer Vandeusen gave a presentation on his findings. Officer Vandeusen reported that FWC commissioned a study in 2007 to examine existing speed zones, vessel accidents, citations, and risks to the public within Palm Beach County. Officer Vandeusen described the existing speed zones in North Palm Beach, which include an idle speed zone from approximately 2,000 feet north of the PGA Bridge southbound to the bend at Royale Harbour Condominium, where it becomes a manatee protection zone. Officer Vandeusen advised that the FWC proposal would eliminate most of the idle speed zone south of the PGA Bridge and establish an unlimited speed zone during weekdays from 500 feet south of the PGA Bridge to 500 feet north of the Parker Bridge. Officer Vandeusen reported that from 10:00 a.m. to 6:00 p.m. on weekends and holidays this area would revert to slow speed/minimum wake. Minutes of Village Council Workshop Session held October 8, 2009 Page 2 of 3 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) PROPOSED INTRACOASTAL WATERWAY BOATING SPEED ZONES continued Discussion ensued on the impact on Village residents. Officer Vandeusen stated that residents who have vessels moored along the Intracoastal Waterway south to Parker Bridge, including residents in Prosperity Harbor North and Harbour Point Marina, would be exposed to increased wakes from all sizes of vessels. Officer Vandeusen recommended asking FWC to maintain the status quo and keep the existing speed zones in place. Richard Dwyer, 705 Harbour Point Drive, distributed a chart depicting the travel times between the PGA Bridge and the Parker Bridge as determined by Officer Vandeusen. Mr. Dwyer requested that Council ask FWC to designate the entire area from the PGA Bridge to the Parker Bridge as an idle/no wake zone. Consensus of Council was to oppose FWC's proposed changes to boating speed zones. A resolution will be considered at the next Regular Session on 10/22/09. LEASE AGREEMENT WITH PEAS AND CARROTS CATERING D/B/A CONTINENTAL CATERING TO PROVIDE FOOD & BEVERAGE SERVICE AT COUNTRY CLUB Mr. Knight advised that this matter was brought forward at the request of Randy Epstein, owner/CEO of Peas and Carrots Catering. Mr. Knight reported that the past due lease and utilities payments have been paid; however, October rent is now due. Mr. Knight advised that the current rent is $130,000 per year, plus an estimated $45,000 in utility payments. Mr. Epstein reviewed his significant expenses, which include repair and maintenance of equipment and improvements to the building. Mr. Epstein noted issues with the air conditioning in the building. Mr. Epstein discussed his arrangement with Gander Mountain regarding Tall Tales Restaurant. Mr. Epstein requested that Council re -address his lease agreement pertaining to rent and utilities. Mr. Epstein proposed paying no rent until the month of February, and requested reimbursement of his $13,000 security deposit and the elimination of his responsibility for repairs and maintenance. Mr. Epstein requested more inclusion in Village events and an email list of Country Club members. Additionally, Mr. Epstein asked that Country Club members be required to spend $1,000 a year at the restaurant. Mr. Epstein detailed the cost savings measures he plans to implement. During Council discussion, it was noted that an assessment of the fair -market rental rate should be done. Mr. Epstein was requested to provide a profit and loss statement on the Country Club restaurant only, as well as a plan listing steps to be taken and its impact on the profitability of the restaurant. An estimate of the cost for repairs and maintenance was also requested. Discussion took place on staff and service issues at the restaurant. Mr. Epstein clarified that he is seeking immediate relief in the current year, not to change the provisions of the lease agreement going forward, unless Council determined to re -address the lease. Mr. Knight advised the total rent for the period of October through January would be $48,625.68. Regarding repair and maintenance issues, Mr. Knight felt it reasonable that equipment failure that can be directly attributed to building issues with the electrical or plumbing systems should be the responsibility of the Village; however, Mr. Knight noted that repair and maintenance of equipment is typically the responsibility of the lessee. Minutes of Village Council Workshop Session held October 8, 2009 Page 3 of 3 LEASE AGREEMENT WITH PEAS AND CARROTS CATERING D/B/A CONTINENTAL CATERING TO PROVIDE FOOD & BEVERAGE SERVICE AT COUNTRY CLUB Mr. Knight discussed the impact of any changes on the Country Club budget, which has already been established. Mr. Knight did not advocate releasing the security deposit or assuming total responsibility for the cost of equipment repair and maintenance. Finance Director Sarnia Janjua reported that a past lease provided for a 50/50 split on the cost of repairs up to $2,000 per occurrence. It was requested that Mr. Epstein provide historical data on the items and cost of equipment that has been repaired or replaced. Council consensus was to place this issue on an upcoming Workshop Session agenda for further discussion, pending receipt of a profit and loss statement, repair and maintenance cost detail, business plan, and a market study of rents based on square footage. Mayor Norris and Mr. Knight will meet with Mr. Epstein. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:53 p.m. a Melissa Teal, CMC, Village Clerk