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11-01-2005 VC SP-MMINUTES OF THE SPECIAL SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA NOVEMBER I, 2005 Present: David B. Norris, Vice Mayor Robert F. Rennebaum, President Pro Tem Charles R. O'Meilia, Councilman Donald G. Noel, Councilman Mark Bates, Village Manager Melissa Teal, CMC, Village Clerk George W. Baldwin Village Attorney Absent: Dr. Edward M. Eissey, Mayor ROLL CALL Vice Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present, except Mayor Eissey, who was out of town. All members of staffwere present. The purpose of the meeting was to take action on agenda items for the Regular Session scheduled for October 27, 2005, which was cancelled due to Hurricane Wilma. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman O'Meilia gave the invocation and Councilman Noel led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved: Minutes of Special Session held 10/11/OS Minutes of Regular Session held 10/13/05 Minutes of Special Emergency Session held 10/20/05 STATEMENTS FROM THE PUBLIC On behalf of the developer, Villa Franca, Attorney George Gentile addressed the Council concerning a proposed mixed-use redevelopment of 1.4 acres on the site of the former Roadhouse Grill restaurant. RESOLUTION 97-2005 ADOPTED -THIRD AMENDMENT TO CONTRACT FOR SALE AND PURCHASE BETWEEN THE VILLAGE AND THE BENJANIIN SCHOOL • Councilman O'Meilia moved that Resolution 97-2005 entitled: MINUTES OF SPECIAL SESSION HELD NOVEMBER 1, 2005 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A THIRD AMENDMENT TO CONTRACT FOR SALE AND PURCHASE BY AND BETWEEN THE BENJAMIN PRIVATE SCHOOL, INC., A FLORIDA CORPORATION, SELLER, AND VILLAGE OF NORTH PALM BEACH, A MUNICIPAL CORPORATION, BUYER, ATTACHED AS EXHIBIT "A," WHICH AMENDMENT CHANGES THE CLOSING DATE FROM ON OR BEFORE OCTOBER 30, 2005, TO ON OR BEFORE NOVEMBER 30, 2005; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Noel seconded the motion. Village Attorney George Baldwin reported on the status of remaining items needed before closing on the property. Thereafter the motion passed with all present voting aye. RESOLUTION -AGREEMENT WITH NICKLAUS DESIGN -TABLED President Pro Tem Rennebaum moved that a resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN ACCEPTABLE FINAL AGREEMENT FOR PROFESSIONAL DESIGN SERVICES WITH NICKLAUS DESIGN, INC. FOR DEVELOPMENT OF FINAL GOLF FACILITY DESIGN FOR THE NORTH PALM BEACH COUNTRY CLUB FOR COUNCIL'S CONSIDERATION AND APPROVAL be adopted. Councilman Noel seconded the motion. Doug Morey, Director of Field Operations was present on behalf of Nicklaus Design. Village Manager Mark Bates advised that the strikethrough and underlined version of the agreement incorporates changes resulting from discussion with Ray Ball ofNicklaus Design and comments from the Village Attorney. Mr. Bates reviewed the timeline for the project as follows: agreement to develop construction bid documents, construction drawings in January, bid in January, construction beginning late April, reopening of the golf course by the first week of November, 2006. Mr. Bates reported that in order to prepare the engineering drawings, Nicklaus Design will require the assistance various consultants, including the Village Engineer with regard to drainage layout. Mr. Bates advised that Nicklaus Design will provide the Village with three quotes from firms to provide design build plans for the irrigation system. Additionally, an agronomist will be needed, Mr. Bates reported. Mr. Bates advised that he will bring back a recommendation at the December meeting on whether to use Village staff as the project manager or to hire an outside firm. Discussion ensued on the agreement with regard to insurance, consultants, and the specification of responsibilities of the Village, Nicklaus Design, and the project manager. Mr. Bates detailed the estimated cost for irrigation consultant design, agronomist, permits, boundary survey and engineering allowance. • Brief discussion took place concerning the resolution, which will be revised for the next meeting on November 10, 2005. 2 MINUTES OF SPECIAL SESSION HELD NOVEMBER 1, 2005 • Brief discussion was held regarding the golf course design, with the Council indicating consensus for redesign with movement of #1 and #5 holes to allow for future master plan improvements. Lengthy discussion ensued on the finances of the project with regard to revenue projections for repayment of the loan. Discussion was held concerning review of the financial projections by the Audit Committee or by an independent financial consultant. The Council requested that Mr. Bates investigate financial advisors and provide an approximate cost for an independent review at the next meeting. Councilman O'Meilia moved to table the resolution to the next meeting on November 10, 2005. Councilman Noel seconded the motion, which passed unanimously. RESOLUTION -REIMBURSEMENT OF GOLF COURSE RENOVATION COSTS -TABLED Councilman Noel moved that a resolution entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING FOR THE RENOVATION AND RE-CONSTRUCTION OF THE VILLAGE COUNTRY CLUB GOLF COURSE AND DRIVING RANGE (THE "PROJECT"); PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; PROVIDING FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE be adopted. President Pro Tem Rennebaum seconded the motion. Mr. Bates explained that the resolution establishes the intent to take out abank-qualified (tax-free) loan within 60 days and use the tax exempt loan proceeds to reimburse certain golf course renovation project costs which may be incurred during the 60 day period. Councilman Noel moved to table the resolution to the next meeting on November 10, 2005. Councilman O'Meilia seconded the motion, which passed unanimously. RESOLUTION 98-2005 ADOPTED -BID AWARD FOR AUTOMATIC TRANSFER SWITCH Councilman Noel moved that Resolution 98-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF KNIGHT ELECTRIC COMPANY INC., WEST PALM BEACH, FLORIDA, IN THE AMOUNT OF $49,900.00 FOR THE INSTALLATION OF AN AUTOMATIC TRANSFER SWITCH FOR THE PUBLIC SAFETY BUILDING EMERGENCY GENERATOR; FUNDS TO BE EXPENDED FROM ACCOUNT NUMBER A5519-34620, BUILDING AND GROUNDS • be adopted. President Pro Tem Rennebaum seconded the motion. During discussion it was requested that a new insurance certificate be obtained from the vendor. 3 MINUTES OF SPECIAL SESSION HELD NOVEMBER 1, 2005 • • RESOLUTION 99-2005 ADOPTED -APPROVING AGREEMENT FOR PURCHASE OF VIDEO SURVEILLANCE SYSTEM President Pro Tem Rennebaum moved that Resolution 99-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CLERK TO ENTER INTO A CONTRACTUAL AGREEMENT FOR THE PURCHASE OF AN AUTOMATED VIDEO SURVEILLANCE SYSTEM TO BE USED BY THE PUBLIC SAFETY DEPARTMENT IN THE AMOUNT OF $44,647.00, FROM BELLSOUTH CONIlVIUNICATION SYSTEMS, INC; FUNDS TO BE EXPENDED FROM ACCOUNT NO. A5711-66410 -LAW ENFORCEMENT/CAPITAL be adopted. Councilman Noel seconded the motion and all present voted aye. RESOLUTION 100-2005 ADOPTED - AMENDING PERSONNEL RULES AND REGULATIONS CONCERNING PROBATIONARY PERIODS President Pro Tem Rennebaum moved that Resolution 100-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE PROBATIONARY PERIODS CHAPTER OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Noel seconded the motion and all present voted aye. RESOLUTION 101-2005 ADOPTED -CONFIRMING EXTENSION OF DECLARATION OF STATE OF LOCAL EMERGENCY AND SETTING OF CURFEW President Pro Tem Rennebaum moved that Resolution 101-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CONFIRMING THE EXTENSION OF A DECLARATION OF A STATE OF LOCAL EMERGENCY, AND CONFIRMING THE SETTING OF A CURFEW AND DESIGNATING CERTAIN AREAS OFF LIMITS BY THE PUBLIC SAFETY DEPARTMENT; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Noel seconded the motion and all present voted aye. MAYOR AND COUNCIL MATTERS/REPORTS Vice Mayor Norris commended the Village Manager, staff and employees for their actions during and after Hurricane Wilma. President Pro Tem Rennebaum, Councilman O'Meilia and Councilman Noel concurred and expressed their thanks to Mr. Bates and all the employees. 4 MINUTES OF SPECIAL SESSION HELD NOVEMBER 1, 2005 Mr. Bates advised that the Palm Beach County League of Cities has issued a brochure outlining legislative priorities and asked Council to bring forward any issues of concern. Discussion took place on Village representatives to the Issues Forum of the Palm Beach County Intergovernmental Coordination Program. Councilman O'Meilia is the Village's voting representative and also represents the League of Cities on the Executive Committee. Current alternate, Vice Mayor Norris, advised that he is unable to attend these meetings. Councilman Noel moved that Mayor Eissey be appointed the alternate representative. President Pro Tem Rennebaum seconded the motion, which passed unanimously. Discussion was held on the Board of Realtors Employer Assisted Housing Benefit Program. Council consensus was that this program of educational sessions be offered to Village employees. Mr. Bates will contact the Board of Realtors and try to set up meetings for Village employees immediately after work. VILLAGE MANAGER MATTERS/REPORTS Mr. Bates offered accolades, congratulations and recognition to Department Heads and staff for a tremendous job in response to Hurricane Wilma, and stated that all were overwhelming responsive in service to the Village. Mr. Bates advised that an RFP for banking services will be advertised soon, in order to determine if better services are available. Mr. Bates briefly reviewed a draft ordinance to provide that essential workers who come to work during times of emergency would receive time and a half. Mr. Bates explained that employees who work during emergencies would be paid at a higher rate than employees who are told to stay home and not report for work. Mr. Bates asked that Council provide comments to him. Brief discussion was held on the lack of response by Ashbritt with regard to debris removal services. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:25 p.m. ~~~~~ Melissa Teal, CMC Village Clerk • 5