04-13-2006 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• APRIL 13, 2006
Present: David B. Norris, Mayor
Dr. Edward M. Eissey, Vice Mayor
William Manuel, President Pro Tem
Charles R. O'Meilia, Councilman
Manny Grinn, Councilman
Mark Bates, Village Manager
George W. Baldwin, Village Attorney
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present.
All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
_ Vice Mayor Eissey gave the invocation, and Mayor Norris led _ the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Norris presented Public Services Department employee
Frank Grant with a plaque and check in recognition of his 20 years of service to the Village.
Mayor Norris proclaimed the month of April as "Read Together Palm Beach County" month in
the Village of North Palm Beach. Ms. Becky Isiminger was present on behalf of the Literacy
Coalition to accept the proclamation.
APPROVAL OF MINUTES
The following Minutes were approved as corrected:
Minutes of Regular Session held 3/23/06
EX PARTS COIVEVIUNICATIONS
Councilman O'Meilia reported a discussion with Jerry Bivoni of Slater and Associates
Development Corporation on 12/5/05 regarding a commercial and residential planned unit
development at Yacht Club Drive and U. S. Highway 1.
Mayor Norris reported a discussion with Jerry Bivoni of Slater and Associates Development
Corporation on 12/5/05 concerning the same subject.
• BILL 1197 - CODE AMENDMENT - STATEMENT OF INTENT - CPUD WITH
UNDERLYING C-lA ZONING -ENACTED AS ORDINANCE 2006-OS
Vice Mayor Eissey moved that Bi111197 entitled:
MINUTES OF REGULAR SESSION HELD APRIL 13, 2006
Councilman O'Meilia moved to enact Bill 1198 as Ordinance 2006-06. Vice Mayor Eissey
• seconded the motion, which passed 4 - 1, with Vice Mayor Eissey, Councilman O'Meilia,
President Pro Tem Manuel, and Mayor Norris voting aye, and Councilman Grinn opposed.
CONSENT AGENDA
Item 6.D.1 was removed from the consent agenda and placed under 6.E.
RESOLUTION 2006-22 ADOPTED -SECOND AMENDMENT TO AMENDED AND
RESTATED INTERLOCAL AGREEMENT - NORTHLAKE BOULEVARD TASK FORCE
Councilman O'Meilia moved that Resolution 2006-22 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 A SECOND AMENDMENT TO THE AMENDED AND
RESTATED INTERLOCAL AGREEMENT WITH CITY OF PALM BEACH GARDENS,
TOWN OF LAKE PARK AND PALM BEACH COUNTY ATTACHED AS EXHIBIT "A,"
WHICH AGREEMENT AMENDS THE AMENDED AND RESTATED AGREEMENT
EFFECTIVE FEBRUARY 26, 2004, BY ADDING THE TOWN OF LAKE PARK AS A
MEMBER OF THE NORTHLAKE BOULEVARD TASK FORCE; AND, PROVIDING FOR
AN EFFECTIVE DATE
be adopted. Vice Mayor Eissey seconded the motion, which passed unanimously.
GOLF COURSE RENOVATION PROJECT
At this time, Mayor Norris moved forward agenda item 6.E.6.
Village Manager Mark Bates gave an update on the final contract, which includes a revision
requiring that all greens mix material use offsite sand. Mr. Bates advised that the approximately
$60,000 cost for that change has been balanced by trimming back sodding and drainage
estimates. Mr. Bates reported that the agreement includes $3.8 million for construction,
$900,000 for project costs for items such as underground utilities, grow-in, and contingency, and
$150,000 to cover the cost for six month course closure in the current year's budget. Mr. Bates
advised that the final annual cost for repayment of the loan over 18 years is $394,000.
John Foy, USGA, project agronomist, discussed the life expectancy ofthe greens and grass.
Discussion took place concerning changes to the construction agreement. Village Attorney
George Baldwin advised that the arbitration clause has been deleted. Mr. Bates reported changes
to the following sections of the bid proposal form: page 00300-7, Section VIII, Features
Construction; page 00300-8, Section IX, Golf Course Drainage, subsection C; and page 00300-9,
Section XI, Grassing, subsection D.
• Discussion took place concerning Country Club revenues that will be used to repay the loan.
Discussion ensued on the loan documents.
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MINUTES OF REGULAR SESSION HELD APRIL 13, 2006
RESOLUTION 2006-23 ADOPTED -APPROVING BANK QUALIFIED LOAN FUNDING
• FOR GOLF COURSE RENOVATION PROJECT
Vice Mayor Eissey moved to adopt Resolution 2006-23 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA; AUTHORIZING THE ISSUANCE OF A NOTE OF THE VILLAGE IN
THE PRINCIPAL AMOUNT OF $4,893,673 TO FINANCE CERTAIN CAPITAL
EXPENDITURES RELATING TO THE MUNICIPAL GOLF COURSE AND COUNTRY
CLUB OF THE VILLAGE; PROVIDING THAT SUCH NOTE SHALL BE A LIMITED
OBLIGATION OF THE VILLAGE PAYABLE FROM CERTAIN REVENUES AS
PROVIDED HEREIN; APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH BANK OF AMERICA;
N.A. PROVIDING FOR THE RIGHTS, SECURITIES AND REMEDIES FOR THE OWNER
OF SUCH NOTE; MAKING .CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman O'Meilia seconded the motion, which passed 3 - 2, with Vice Mayor
Eissey, Councilman O'Meilia, and Mayor Norris voting aye, and President Pro Tem Manuel and
Councilman Grinn opposed.
BILL 1199 -COUNTRY CLUB BUDGET AMENDMENT AND CREATION OF CAPITAL
PROJECT BUDGET FOR GOLF COURSE RENOVATION -PLACED ON FIRST READING
Vice Mayor Eissey moved that Bill 1.19.9 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
THE NORTH PALM COUNTRY CLUB BUDGET FOR THE FISCAL YEAR 2005-2006
AND CREATING A CAPITAL PROJECTS BUDGET FOR USE OF BANK LOAN
PROCEEDS IN THE AMOUNT OF $4,893,673 FOR CAPITAL PROJECT GOLF COURSE
RENOVATION INCLUDING TRANSFERS IN THE AMOUNT OF $150,000 TO COUNTRY
CLUB FUND FOR COURSE CLOSURE EXPENDITURES
be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion,
which passed 3 - 2, with Vice Mayor Eissey, Councilman O'Meilia, and Mayor Norris voting aye,
and President Pro Tem Manuel and Councilman Grinn opposed.
RESOLUTION 2006-24 ADOPTED -APPROVING CONSTRUCTION AGREEMENT FOR
GOLF COURSE RENOVATION
Vice Mayor Eissey moved to adopt Resolution 2006-24 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 QUALITY GRASSING SERVICES,
INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR
RESTORATION OF THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE FOR
A LUMP SUM OF $3,800,778.00; AND, PROVIDING FOR AN EFFECTIVE DATE
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MINUTES OF REGULAR SESSION HELD APRIL 13, 2006
Councilman O'Meilia seconded the motion, which passed 3 - 2, with Vice Mayor Eissey,
. Councilman O'Meilia, and Mayor Norris voting aye, and President Pro Tem Manuel and
Councilman Grinn opposed.
RESOLUTION APPOINTING MEMBER TO POLICE AND FIRE PENSION BOARD TABLED
Vice Mayor Eissey moved that a proposed resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
APPOINTING FINANCE DIRECTOR MR. TREY SIZEMORE TO THE POLICE & FIRE
PENSION BOARD; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted.
President Pro Tem Manuel seconded the motion. Councilman O'Meilia moved to table this item
to the next Workshop Session. Vice Mayor Eissey seconded the motion, and all present voted aye.
RESOLUTION 2006-25 ADOPTED -APPOINTING COUNCILMAN TO AUDIT COMMITTEE
By consensus, Councilman O'Meilia was selected to serve on the Audit Committee.
Councilman Grinn moved that Resolution 2006-25 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING A MEMBER OF THE VILLAGE COUNCIL TO THE
• AUDIT COMMITTEE CREATED BY THE VILLAGE COUNCIL; AND, PROVIDING FOR
AN EFFECTIVE DATE
be adopted and that the term is to start immediately. President Pro Tem Manuel seconded the
motion, which passed unanimously.
RESOLUTION 2006-26 ADOPTED -APPROVING TENNIS PRO SHOP MERCHANDISING
AGREEMENT
Councilman O'Meilia moved that Resolution 2006-26 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN AGREEMENT WITH RICHARD WAIDELICH TENNIS
SERVICES ,JUPITER, FL, ATTACHED AS EXHIBIT "A" FOR THE MERCHANDISING
OF THE TENNIS PRO SHOP AT THE NORTH PALM BEACH COUNTRY CLUB
be adopted. President Pro Tem Manuel seconded the motion. During discussion, it was
requested by the Council that memorandums for agenda items list the date of preparation as well
as the date of the Council meeting. Thereafter, the motion passed unanimously.
RESOLUTION 2006-27 ADOPTED -GRANT APPLICATION FOR ANCHORAGE PARK
. Vice Mayor Eissey moved that Resolution 2006-27 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AUTHORIZING THE VILLAGE ADMINISTRATION TO TAKE ALL
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MINUTES OF REGULAR SESSION HELD APRIL 13, 2006
STEPS NECESSARY TO APPLY TO THE STATE OF FLORIDA DEPARTMENT OF
• AGRICULTURE AND COMSUMER SERVICES, DIVISION OF FORESTRY FOR AN
URBAN AND COMMUNITY FORESTRY GRANT FOR ANCHORAGE PARK; AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman O'Meilia seconded the motion.
Discussion took place concerning the grant application, as well as a previous grant submittal.
Thereafter, the motion passed unanimously.
RESOLUTION 2006-28 ADOPTED -GRANT APPLICATION FOR LAKESIDE PARK
Vice Mayor Eissey moved that Resolution 2006-28 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AUTHORIZING THE VILLAGE ADMINISTRATION TO TAKE ALL
STEPS NECESSARY TO APPLY FORA GRANT FROM THE FLORIDA INLAND
NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR
IMPROVEMENTS AT LAKESIDE PARK; AGREEING TO VARIOUS GRANT
APPLICATION REQUIREMENTS OF THE DISTRICT; AND PROVIDING FOR AN
EFFECTIVE DATE
be adopted. Councilman O'Meilia seconded the motion, and all present voted aye.
MAYOR AND COUNCIL MATTERS/REPORTS
Discussion took place concerning Mr. Baldwin's resignation as Village Attorney. Council
directed that. a Request for Qualifications be prepared for Council review.
Councilman Grinn requested that Christopher James be placed on an agenda for Council to
consider either reducing or satisfying the lien on his property. Mr. Baldwin advised that per
Village Code, the Code Enforcement Board is an autonomous body. Mr. Baldwin reported that
when someone comes into compliance, the Code gives them the right to come back to the Code
Enforcement Board, present evidence, and have the Code Enforcement Board consider a fine
reduction, and noted that Mr. James had exercised this right. Mr. Baldwin opined that Council
does not have the power to overrule the Code Enforcement Board as to its decision. Regarding
code language that states a governing body may execute a satisfaction or release, Mr. Baldwin
opined that it would occur upon payment.
Mr. Bates gave an update concerning the FEMA site visit regarding drainage problems on
Buttonwood Road.
Brief discussion took place on Village requests for reimbursement of hurricane related costs.
REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS
• Mayor Norris acknowledged receipt by the Council of the following Board minutes:
Minutes of Planning Commission Public Hearing held 2/7/06
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MINUTES OF REGULAR SESSION HELD APRIL 13, 2006
Minutes of Planning Commission meeting held 2/7/06
• Recommendation: "to approve a Text Amendment to the Zoning Code Section 45-32,
C-lA, Limited Commercial District, (A) (8) Permitted Uses to allow Multiple-family
dwelling structures as a component of a Commercial Planned Unit Development"
Recommendation: "Recommendation to Village Council to approve a revision to the
Zoning Code Section 45-35.1. (A) Planned unit development to reduce the minimum lot
size to 1.0 or more acres that has an underlying zoning of Zoning Code Section 45-32.,
C-lA, Limited Commercial District.
Minutes of Country Club Advisory Board meeting held 2/13/06
Minutes of 50th Anniversary Committee Meeting held 2/22/06
Minutes of Library Advisory Board meeting held 2/28/06
Minutes of Country Club Advisory Board meeting held 3/13/06
Minutes of Country Club Advisory Board meeting held 3/20/06
Minutes of Library Advisory Board meeting held 3/28/06
Minutes of Audit Committee meeting held 3/29/06
Minutes of Code Enforcement Board meeting held 4/3/06
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 11:00 p.m. _
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Melissa Teal, CMC, Village Clerk
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