07-13-1989 VC REG-MMINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD
THURSDAY, JULY 13, 1989
Present: Judy M. Pierman, Mayor
Jerry G. Gardner, Vice Mayor
V. A. Marks, M.D., President Pro Tem
' Al Moore, Councilman
Tom Valente, Councilman
Dennis W. Kelly, Village Manager
Herbert L. Gildan, Village Attorney
Shaukat Khan, Finance Director
Dolores R. Walker, Village Clerk
Mayor Pierman called the Regular Session to order at 7:34 p.m.
All members of the Council and the staff were present.
Mayor Pierman gave the invocation and Uice Mayor Gardner led the
Council and the public in the Pledge of Allegiance to the Flag.
The following minutes were approved as written:
Minutes of Regular Session held Thursday, June 22, 1989
Minutes of Special Meeting held Monday, June 19, 1989
The following minutes were accepted as corrected:
Minutes of Board of Adjustment Meeting held March 21, 1989
' Minutes of Library Advisory Board Meeting held Play 23, 1989
Minutes of Recreation Advisory Board Meeting held June 13,
1989
The following minutes were accepted as written:
Minutes of General Employees Pension Board Meeting held
June 16, 1989
Minutes of Regular Meeting of Country Club Advisory Board
held June 20, 1989
Minutes of Special Meeting of Country Club Advisory Board
held June 27, 1989
Councilman Valente moved that the recommendation of the
Recreation Advisory Board that the Village Council seriously
consider an insertion of a special section, preferably colored,
to the Village Newsletter at appropriate times, depending on the
Recreation Department's schedule; for example, at the time of the
10-week course change. The motion was seconded by President Pro
' Tem Marks and passed unanimously.
The recommendation of the Country Club Advisory Board that the
new golf professional be hired as a Village employee was held in
abeyance until the item has been workshopped. This matter will
be placed on the July 27, 1989 regular session agenda.
Councilman Valente moved to place Bill No. 569 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL
YEAR 1988-89 BY APPROPRIATION TRANSFER FROM THE COUNCIL
CONTINGENCY FOR THE VILLAGE NEWSPAPER AND POSTAGE
ROLL CALL
INVOCATION &
PLEDGE OF
ALLEGIANCE
APPROVAL OF
MINUTES
ACCEPTANCE OF
MINUTES
REC. AD. BD.
RECOMMENDATION
ACCEPTED
CC AD. BD.
RECOMMENDATION
HELD IN ABEYANCE
BILL 569 PLACED
Otd SECOND READING
Minutes of Regular Session
Thursday, July 13, 1989
Page 2
on second reading to be read by title alone. The motion was
seconded by Vice Mayor Gardner and all present voted aye.
President Pro Tem Marks moved that Bill No. 569 be adopted as BILL 569
Ordinance No. 13-89. The motion was seconded by Vice Mayor ADOPTED AS
Gardner and all present voted aye. ORD. 13-89
' Vice Mayor Gardner moved that Bill No. 570 entitled: BILL 570
PLACED ON
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SECOND READING
AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR FISCAL
YEAR 1988-89 BY APPROPRIATING FUNDS FOR FERTILIZER AND R & M
MACHINERY AND EQUIPMENT
be placed on second reading and read by title alone. The motion
was seconded by Councilman Valente and passed 4-1, with Mayor
Pierman, Vice f4ayor Gardner, President Pro Tem Marks and
Councilman Valente voting aye and Councilman Moore voting nay.
Vice Mayor Gardner moved that Bill No. 570 be adopted as BILL 570
Ordinance No. 14-89. The motion was seconded by Councilman ADOPTED AS
Valente and passed 4-1, with Mayor Pierman, Vice Mayor Gardner, ORD. 14-89
President Pro Tem Marks and Councilman Valente voting aye and
Councilman Moore voting nay.
President Pro Tem Marks moved that Bill No. 573 entitled: BILL 573
PLACED ON
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, FIRST READING
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL
' YEAR 1988-89 BY APPROPRIATING FUNDS FOR THE EMPLOYEE BENEFIT
GROUP PLAN
be placed on first reading and read by title alone. The motion
was seconded by Councilman Valente and all present voted aye.
Councilman Moore moved that Bill No. 576 entitled: BILL 576
PLACED ON
AN ORDINANCE OF THE UILLAGE OF NORTH PALP1 BEACH, FLORIDA, FIRST READING
AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR FISCAL
YEAR 1988-89 BY APPROPRIATING FUNDS FOR THE EMPLOYEE BENEFIT
GROUP PLAN
be placed on first reading and read by title alone. The motion
was seconded by Vice Mayor Gardner and all present voted aye.
Councilman Valente moved to transfer $33,818.00 FROM/TO various TRANSFER OF
accounts within the Police & Fire Pension Fund and General FUNDS - POLICE &
Employees Pension Fund per Transfer of Budget Appropriation Funds FIRE PENSION FUND
memo dated June 15, 1989, to make the Police & Fire Pension Fund & GEN. EMPLOYEES
actuarially sound, per the recommendation from Kruse, O'Connor PENSION FUND
and Ling. The motion was seconded by President Pro Tem Marks and
passed unanimously.
' Vice Mayor Gardner moved to transfer $8,650.00 FROM/TO various TRANSFER OF
accounts within the North Palm Beach Country Club's budget, per FUNDS - VARIOUS
Transfer of Budget Appropriation Funds memo dated June 2, 1989, ACCTS. WITHIN
and signed by Kelly (dated June 14, 1989) to carry the business NPBCC BUDGET
for the rest of the fiscal year. The motion was seconded by
President Pro Tem Marks and passed 4-1, with Mayor Pierman, Vice
Mayor Gardner, President Pro Tem Marks and Councilman Valente
voting aye and Councilman Moore voting nay.
Vice Mayor Gardner moved to purchase a one-eighth page AD IN QUALITY
advertisement for the Village of North Palm Beach in the special CITIES '89
convention issue of Quality Cities '89 at a cost of $75.00 to be MAGAZINE
expended from Accont No. 10-511-011-34910 (Legal Advertising).
The motion was seconded by Councilman Valente and passed 4-1,
.: ;:
Minutes of Regular Session
Held Thursday, July 13, 1989
Page 3
with Mayor Pierman, Vice Mayor Gardner, President Pro Tem Marks
and Councilman Valente voting aye and Councilman Moore voting
nay.
Councilman Moore moved to adopt the revised Interlocal Agreements MOTION TO
between the Village of North Palm Beach and FIRMA for the ADOPT AMENDED
Village's Property/Casualty Division and its Employee Benefits INTERLOCAL
Division, and also the amended By-laws for the Property/Casualty AGREEP~7ENTS -
t
Division; and authorize the Mayor to sign both the revised FIRMA
Interlocal Agreements and the amended By-laws. The motion was
seconded by Vice Mayor Gardner.
Councilman Ualente moved to amend the motion as follows: to MOTION AMENDED
authorize the Mayor to sign the revised Interlocal Agreements,
but to authorize the Uillage Manager to sign the amended By-laws.
The motion was seconded by President Pro Tem Marks and passed
unanimously.
Thereafter Council voted
passed unanimously.
Councilman Moore moved to
amendments with Jongeneel
by President Pro Tem Mark
on the main motion, as amended, which MAIN MOTION, AS
AP~1ENDED PASSED
5-0
discuss the restaurant interim contract DISCUSSION RE:
& Jansen, Inc. The motion was seconded CONTRACT WITH
> and was approved by acclamation. JONGENEEL
& JANSEN, INC.
Councilman Moore moved to deny the settlement proposal of JONGENEEL
Jongeneel & Jansen, Inc. contained in their letter addressed to & JANSEN, INC.
the Mayor and Village Council dated June 20, 1989 (copy of SETTLEMENT
which is attached to the minutes of this meeting). The motion PROPOSAL DENIED
was seconded by Councilman Valente and passed 4-1, with Mayor
Pierman, President Pro Tem Marks, Councilman Moore and Councilman
Valente voting aye and Vice Mayor Gardner voting nay.
There being no further business to come before the Council, the ADJOURNMENT
meeting was adjourned at 9:15 p.m.
Dolores R. Walker, CMC, Village Clerk
1
_s ,;
JONGE~IEEL ADD JAhSEh INC.
I10RTI( PALM DEACH COUIITRY CLUB C.1.'S CAFE
RESTAURAIiT A11D LQU(1GE 933 PARK AVEf{UE
901 O.t. HWY. OI1E LAKE PARK, fL 33403
f10RTH PALM DEACH. fl 33408 tEl. (407) 844.9142
TEL. (407) 775.3460, 1
Honorable Mayor Judy Pierman and
Village Council
Village Ha11
501 U.S. Highway One
No. Palm Beach, FL 33408
PARK AVEIIUE CATERIIIG
924 PARK AV£I1UE
LAKE PARK, fL 33408
TEL. (307) 627.8927
June 20, 1989
RE: Offer To Settle Dispute
Dear Madam Mayor & Village Council:`
As you know, the golf course has been closed for rebuilding and
reconstruction since April 3, 1989. As a result, business volume
related to golf course activities has completely disappeared, thereby
materially affecting our financial liquidity and solvency.
We submit the following request for adjustment to take effect
immediately so as to avoid insolvency.
1. Waive the monthly rent entirely, for the full length of the
construction period, i.e. retroactively from April 3 until the
course will again be open to the public.
2. Reduce the charges for utilities (gas, electricity and water) as
follows:
- Calculate the total charge for the 12 months prior to the
closing of the golf course, i.e: April 1, 1988 to March 31, 1989,
that the restaurant and bar facilities paid.
- Calculate the daily charge assuming 360 days per year.
- Since catering activities are still taking place, though on a
much reduced scale in the absence of an active golfing crowd, some
payment is in order. It is estimated that all catering activity
per week can be compressed into the equivalent of one t1) day per
week.
- Thus, we offer to pay in total for the construction period:
Last 12 months utilities total - 360 x 1 x Number of weeks course
is closed.
- Payments for utilites to resume effective with the reopening of
the golf course.
3. Close restaurant and lounge for lunch and dinner, except for
functions, until end of construction. ~?.
1 of 2
~oncEnEE~ Any ~aNSEn inc.
t10RTH PALM DEACH COUt(TRY CLUB CJ.'S CAf£ DARK AVENUE CATERIfiG
RESTAURAfIT Al1D LOUIIGE 933 PARK AVEt1UE 944 PARK AVENUE
901 U.S. HWV. OI1E LAKE DARK, ft 37403 LAKE PARK, FL 33408
I10RTH PAIM DEACH, fL 33408 iEl. (407) 844.9142 TEL. <307) 627.8927
TEI. (407) 775.3460. 1
Madam Mayor & Village Council Page 2
RE: Offer~To Settle Dispute
In order that we may avoid problems f insolvency, we request that
you accept this above offer to sett our dispute before July 15,
1989.
tfully
scn
l an
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