11-20-1995 VC SP-MMINUTES OF SPECIAL SESSION
OF THE
' VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD MONDAY, NOVEMBER 20, 1995
Present: Tom Valente, Mayor
V. A. Marks, M. D., Vice Mayor
Larry Kelley, President Pro Tem
Gail Vastola, Councilman
Charles O'Meilia, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Valente called the meeting to order at 6:32 p.m. All members of Council were
present. All members of staff were present.
' Councilman Vastola moved that Bill 798 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A PLANNED UNIT
DEVELOPMENT UPON THOSE CERTAIN LANDS LOCATED AT THE
SOUTHWEST- CORNER OF NORTHLAKE BOULEVARD AND U. S.
HIGHWAY ONE (FORMERLY KNOWN AS THE TWIN CITY MALL)
LOCATED IN C-3 REGIONAL BUSINESS DISTRICT AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF; SAID LANDS TO BE DEVELOPED IN
ACCORDANCE WITH THE PLANS ATTACHED HERETO AS EXHIBITS,
WHICH PLANS ARE EXPRESSLY MADE A PART HEREOF;
ESTABLISHING PROJECT SPECIFIC DEVELOPMENT STANDARDS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE
be placed on second reading and read by title alone. Vice Mayor Marks seconded the
motion, and all present voted aye.
Vice Mayor Marks moved that Bill 798 be enacted, on an emergency basis, as Ordinance
33-95. Councilman O'Meilia seconded the motion, and all present voted aye.
Minutes of Special Session
Held Monday, November 20, 1995
Councilman Vastola moved that Resolution 53-95 entitled:
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 AN AGREEMENT WITH
LAND RESEARCH MANAGEMENT, INC., ATTACHED AS EXHIBIT "A",
WHICH AGREEMENT ENCOMPASSES THE PREPARATION AND
SUBMISSION OF AN EVALUATION AND APPRAISAL REPORT OF THE
VILLAGE COMPREHENSIVE PLAN AND COMPLETION AND SUBMITTAL
OF THE DEPARTMENT OF COMMUNITY AFFAIRS ASSISTANCE
PROGRAM CONTRACT; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman O'Meilia seconded the motion, and all present voted aye.
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DEMOLITION OF CERTAIN TWIN CITY MALL PROPEI
Vice Mayor Marks moved that Resolution 54-95 entitled:
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 AN AGREEMENT WITH
TWIN CITIES INVESTORS, INC., DEVELOPERS OF NORTH LAKE, INC.
AND THE TOWN OF LAKE PARK, A MUNICIPAL CORPORATION,
WHICH LETTER OF AGREEMENT AND ESCROW AGREEMENT ARE
FOR THE PURPOSES OF INSURING ABATEMENT OF ASBESTOS,
DEMOLITION OF THE TWIN CITY MALL/SEARS MAIN BUILDING AND
SEEDING OF THAT CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND U. S.
HIGHWAY ONE WITHIN THE C-3 REGIONAL BUSINESS DISTRICT AND
APPROVED FOR A PLANNED UNIT DEVELOPMENT BY ORDINANCE
NO. 33-95 OF THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE
DATE -
be adopted. Councilman O'Meilia seconded the motion, and all present voted aye.
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Minutes of Special Session
Held Monday, November 20, 1995
UPDATE ON STATUS OF NPBCC RESTAURANT CONTRACT
The Village Council discussed various aspects of the contract with Zelnia, Van
Schaffelaar & Price, Inc., restaurant lessees, which required resolution by the close of
business on November 20, 1995. Village Manager Dennis Kelly reported that he had
met with Mr. Van Schaffelaar regarding these matters, and had been assured that the
required $50,000 insurance coverage for property damage, which Mr. Van Schaffelaar
thought had been included in the $300,000 General Liability coverage, would be
purchased separately. However, if it is already included in his current policy, his
insurance agent will forward a letter to the Village verifying this line item.
Mr. Kelly also reported that Mr. Van Schaffelaar does not carry workers' compensation
insurance because the employees that he uses are technically not his employees, as he
contracts with a personnel leasing service company, who hires the employees, pays the
workers' compensation, FICA, etc., with Mr. Van Schaffelaar paying a fee for this service.
Mr. Kelly stated that the Village has obtained a copy of Mr. Van Schaffelaar's contract
with that company, which will be reviewed by the Village Attorney as soon as possible.
Mr. Kelly reported that Mr. Van Schaffelaar has requested atwo-day extension for
payment of the delinquent $4,500, which he will pay by using a Certificate of Deposit that
requires obtaining his father's counter-signature, who is in Holland. This should be
accomplished by Wednesday, November 22nd. Mr. Kelly suggested that, if the Council
allows this extension, a final update be placed on the Special Meeting agenda of Monday,
November 27th. Mr. Kelly further stated that the Village is withholding monies due Mr.
Van Schaffelaar until all matters are resolved.
Discussion included requiring Notice of Cancellation from the personnel leasing service
to ensure that the contract cannot be cancelled without the Village's knowledge, thus
incurring workers compensation liability for the Village.
By consensus, the Council agreed to extend the deadline for payment and to place this
matter on the agenda of the Special Session of November 27, 1995.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
6:58 p.m.
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thleen F. Kelly, CMC, Villa Clerk
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