06-12-1989 VC SP-MMINUTES OF SPECIAL MEETING
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD
MONDAY, JUNE 12, 1989
Present: Judy M. Pierman, Mayor
V. A. Marks, M.D., President Pro Tem
Al Moore, Councilman
Tom Valente, Councilman
Dennis W. Kelly, Village Manager
Phillip C. Gildan, Village Attorney
Shaukat Khan, Finance Director
Dolores R. Walker, Village Clerk
Absent: Jerry G. Gardner, Uice Mayor
Mayor Pierman called the Special Meeting to order at 5:35 p.m. ROLL CALL
All members of the Council were present except Vice Mayor Gardner
who was out of state and President Pro Tem Marks who arrived at
5:39 p.m. All members of the staff-were present.
The purpose of the meeting is to consider adoption of an PURPOSE OF
ordinance to implement the roughs and fairways and cart paths MEETING
projects at the North Palm Beach Country Club.
Councilman Valente moved to place Bill No. 571 entitled: MOTION TO
PLACE BILL
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, 571 ON THE
AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR FISCAL FLOOR
YEAR 1988-89 BY APPROPRIATION TRANSFER FROM THE GREEN FEES,
1 CART RENTAL, AND DRIVING RANGE PROCEEDS FOR THE ROUGHS AND
FAIRWAYS AND CART PATHS
on the floor. Councilman Moore seconded the motion for
discussion only. The motion was approved by acclamation.
A lengthy discussion ensued, after which Councilman Valente moved MOTION TO
to place Bill No. 571 on first reading to be read in total. The PLACE BILL
motion was seconded by President Pro Tem f4arks and failed 2-2, 571 ON FIRST
with President Pro Tem Marks and Councilman Ualente voting aye, READING FAILED
and Mayor Pierman and Councilman Moore voting nay. 2-2
Village Attorney, Phillip Gildan, stated his law firm has COMMENTS FROM
received a settlement offer from Mr. Grinn's representative, VILLAGE ATTORNEY
Attorney Jim Green, in the action that has been brought against RE GRINN v.
the Village of North Palm Beach and Mr. Charles O'Meilia relative O'MEILIA &
to the constitutionality of the Village's sign ordinance. The VILLAGE OF NPB
deadline of the offer is June 21, 1989.
Mr. Kelly passed out to Council a copy of the settlement offer
from Mr. Green, on behalf of Mr. Grinn.
Mr. Gildan said we are not asking for action to approve the
settlement because it involves dollars which would have to go to
FIRMA since they are involved and we need to have their
recommendation. He said we simply presented it to you to get the
feeling from the Council whether or not to go forward on this
basis to attempt to get FIRMA involved with negotiating a
settlement along this basis. He stated his law firm would
attempt to get with FIRMA and with Mr. Green and see if there is
a basis for negotiating a settlement, in which case he would
bring it back to the Council for formal approval.
President Pro Tem Marks moved that we do not try to reach a MOTION DIED FOR
settlement. The motion died far lack of a second. LACK OF A SECOND
NASD N, GILDAN, MEAGER Sc GERSO N, P. A.
ATTORh EYS AT LAW
WiLI A. NASD N, (1924 ~19)8f
HGR6ERT 4 G~LDAN
THOMAS J. MEAGER
GPRY N, GERSON
JOHN WHITE, II
M- RIC MPRD SA PIR
HENNETH P. MARRP
GREGORY L. SCOTT
PHILLIP C. GIL DAN
NATHAN E. NASON
ALAN I. ARMOV R
DONALD P. DU FRESNE
June 12, 1989
Dennis Kelly, Village Manager
Village of North Palm Beach
Village Hall --
501 U. S. ~1
North Palm Beach, Florida 33408
POST OFFICE BO% 3]04
FLORIDA NATIONAL BANK TOWER
1645 PALM BEACH LAKES BOULE~-ARD -
WEST PALM BEACH, FLORIDA 33402
TELEPHONE (a0]j 686-330] -
?ELEFA% (40 ]~ 666 -5442
Re: Grinn v. O'Meilia and Village of North Palm Beach
Dear Mr. Kelly:
We have received from Mr. Grinn through his attorney, Jim
Green, an offer to- settle .-the lawsuit Mr. Grinn-has filed.
against Mr. O'Meilia and the Village. I have attached the
settlement offer for your review and presentation- to the
Village Council. Basically, the settlement consists- of two
items: (1) modification of the Village's Sign Code to eliminate
any possible question with respect to political signs, and- (2)
payment of Mr. Grinn's attorney°s fees and costs.- Please note
that the settlement offer will remain open until June 21, 1989,
which will require prompt review. by the Village Council.
If you have any questions about the settlement offer or .
about any aspects of .the litigation, please do not hesitate to
contact me.
Very truly yours,
1~AGE1~ & GERSCiN, P. A.
p C
PCG/Jms v / / ---
3860P - /~//
Enclosure
GREEN, EISENBEI2G AND COHEN
ATTOR[VEYS AT LAW
301 Clematis Street, Suite 200 - _ -_
West Palm Bcach, FL 33401
Telephone 659-2009 - -
BARR1' ~1. COHEN
LAMES [~. GR1:EN
Js~__ ..
June 7, 1989
~~ ~~
1
V~
Kenneth Marra, Esq. ~,~_,!
,
L~ __
Nason, Gildan et a h '--- - _
1645 Palm Beac h Lakes Blvd.
Suite 1200 --
West Palm Beac h, FL 33401 -
RE: Grinn v_~ 0'f-Seilia_~Villaae o~NQrth_g~~m_Beacb.
Dear Even:
As we discussed, we can settle this case for a modif ication of
the Village`s sign code in such a way that would eliminate-
discrimination against political signs and in favor of commercial
signs as indi cated in my Memorandum in Opposition t o-Dismiss,
plus attorney' s fees as specified belota:
DATE ITEfQ TIME
03/20/89 Research 1.0
03/21/89 Research; TC client; drafted Complaint 3.6
03/22/89 Research; proofed complaint 1.7
03/23/89 Research 1.4
03/29/89 TC client; research .8
03/31/89 Research 1.5
04/04/89 TC client .3
04/06/89 Research .7
04/07/89 Research 1.4
04/10/89 TC client;- research .8
04/11/89 Research; redraf-led Complaint 2.4
04/12/89 Research; proofed Complaint 1.1
04/13/89 Prep. Civil Action Designation form; '
TC client .6
,...,-
04/14/89
04/20/89
05/05/89
05/24/89
05/26/89
05/29/89
05/30/89
05/31/89
06/06/89
06/07/89
CpSt.S
Research 1.0
TC bi. Hanson •2
Research; drafted tdot. for Prelim.
Injunction 1.7
Rev°d. Mot. to Dismiss; research;
TC K. Marra 2.3
TC K. Marra .3
Research 1.1
Research; TC K. fiarra; drafted Memo 5.1
Proofed Memo; TC K. Aiarra; compiled
timesheets 2.l
Letter to K. Marra; research .8
Settlement discussions (est.) 2_0 ___
TOTAL HOURS 33.9
HOURLY RATE _x200.00
TOTAL $6,780.001
50$ CONTINGENCY ENHANCEMENT 3,390.00
COSTS + 175.25
$ 10,345.25
Copying $ 50.25
Filing fee- 120.00
In consideration of settlement, we will be willing to reduce
enhancement from 100 percent to 50 percent. This offer will
remain open until June 21, 1989.
1~ See Lattimore_v._Q~an_Const., 86~ F.2d 437 (11th Cir. 1989)
[approving 100 enhancement].
,~
Minutes of Special Meeting
Held Monday, June 12, 1989
Page two
Councilman Moore moved that we add for discussion tonight the
letter from our Village Attorney, Phillip C. Gildan, to Mr.
Dennis Kelly, Village Manager, dated June ]2, 1989 (copy of which
is attached to the minutes of this meeting). The motion was
seconded by Councilman Valente and all present voted aye.
After discussion, Councilman Moore moved that we permit the
attorneys of the Village to proceed to make a settlement of the
lawsuit of Grinn v. O'Meilia and the Village of North Palm Beach.
The motion was seconded by Councilman Valente and passed 3-1,
with Mayor Pierman, Councilman Moore and Councilman Valente
voting aye, and President Pro Tem Marks voting nay.
There being no further business to come before the Council, the
meeting was adjourned at 6:42 p.m.
~; -.~- - ~ ~l~
Dolores R. Walke CN1C, Village Clerk
1
Ll
MR. GILDAN'S
LETTER OF 6/12/89
ADDED FOR DIS-
CUSSION
VILLAGE ATTORNEYS
TO PROCEED TO MAKE
SETTLEMENT OFFER -
GRINN v. O'MEILIA
& VILLAGE OF NPB
ADJOURNMENT