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11-10-2005 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA NOVEMBER 10, 2005 Present: Dr. Edward M. Eissey, Mayor David B. Norris, Vice Mayor Charles R. O'Meilia, Councilman Robert F. Rennebaum, President Pro Tem Donald G. Noel, Councilman Mark Bates, Village Manager George W. Baldwin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Eissey 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 President Pro Tem Rennebaum gave the invocation, and Vice Mayor Norris led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION Mayor Eissey proclaimed the Month of November as National Hospice/Palliative Care Month in the Village of North Palm Beach Ms. Rocio Lopez, representing Hospice of Palm Beach County, was present to accept the proclamation. APPROVAL OF MINUTES The following Minutes were approved: Minutes of Special Session held 11/1/OS CONSENT AGENDA Councilman Noel moved to accept the consent agenda. President Pro Tem Rennebaum seconded the motion, which passed unanimously. The following item was approved: Suspended Council meetings of 11/24/05 and 12/22/05 in observance of the Thanksgiving and Christmas holidays, respectively. RESOLUTION 103-2005 ADOPTED -AGREEMENT WITH NICKLAUS GOLF DESIGN • Vice Mayor Norris moved to take from the table a proposed resolution approving an agreement with Nicklaus Golf Design for redesign and associated services for the Country Club golf course. Councilman Noel seconded the motion, which passed unanimously. MINUTES OF REGULAR SESSION HELD NOVEMBER 10, 2005 President Pro Tem Rennebaum moved that Resolution 103-2005 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 NICKLAUS DESIGN, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES THE VILLAGE WITH REDESIGN AND ASSOCIATED SERVICES FOR THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Noel seconded the motion. Because the agreement is not in final form, discussion ensued regarding amending the resolution to allow the Mayor and Village Clerk to enter into an acceptable agreement, based on further negotiations between Nicklaus Design, its attorney, the Village Attorney, Village Manager, and Mayor. During discussion, it was noted that contract issues to be resolved include insurance, arbitration, reciprocal indemnification clause, as well as identifying the responsibilities assumed by Nicklaus Design and specifying Nicklaus Design as lead consultant. Mr. Bates advised that we are engaging Nicklaus Design to provide design services, not to be project manager, or hire engineers. Mr. Bates recommended that the Village hire a project manager with experience in this type of project, and noted that this is not anticipated in the current budget. Councilman Noel moved that Resolution 103-2005 be amended, with the caption to read: 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 ACCEPTABLE AGREEMENT WITH NICKLAUS DESIGN, LLC, A FLORIDA LIMITED LIABILITY COMPANY, WHICH AGREEMENT WILL PROVIDE THE VILLAGE WITH REDESIGN AND ASSOCIATED SERVICES FOR THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE; AND, PROVIDING FOR AN EFFECTIVE DATE and to include the following language: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby authorize the Mayor and Village Clerk to enter into an acceptable agreement with Nicklaus Design, LLC. Section 2. The Mayor and Village Clerk are hereby authorized and directed to enter into the agreement with Nicklaus Design, LLC, a Florida limited liability company, attached as Exhibit "A", after acceptable adjustments are made by the Village Attorney, Mayor and Village Manager. Vice Mayor Norris seconded the motion to amend, which passed 4 - 1, with Councilman Noel, Vice Mayor Norris, President Pro Tem Rennebaum and Mayor Eissey voting aye, and Councilman • O'Meilia opposed. 2 MINUTES OF REGULAR SESSION HELD NOVEMBER 10, 2005 Thereafter, the original motion, as amended, passed 4 - 1, with Councilman Noel, Vice Mayor • Norris, President Pro Tem Rennebaum and Mayor Eissey voting aye, and Councilman O'Meilia opposed. RESOLUTION -REIMBURSEMENT OF GOLF COURSE RENOVATION COSTS -TABLED Councilman Noel moved to take from the table a proposed resolution establishing intent to reimburse certain costs associated with the golf course renovation project from proceeds of future bank loan financing. Vice Mayor Norris seconded the motion, which passed unanimously. President Pro Tem Rennebaum 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. Councilman Noel seconded the motion. Discussion ensued with regard to the 60-day window that allows use of future loan proceeds to repay costs incurred today. Councilman Noel moved to table the resolution to the first meeting in January. Vice Mayor Norris seconded the motion, which passed unanimously. RESOLUTION 104-2005 ADOPTED -ABANDONING PORTION OF CAROLINDA DRIVE Vice Mayor Norris moved that Resolution 104-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ABANDONING AND VACATING A PORTION OF PUBLIC ROAD KNOWN AS CAROLINDA DRIVE LYING WITHIN THE MUNICIPAL BOUNDARY OF THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE PART HEREOF; PROVIDING FOR RECORDATION IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Noel seconded the motion. Village Attorney George Baldwin reported that the abandonment starts at the eastern edge of the property being purchased by the Village, and runs west on Carolinda Drive to the eastern line of the shopping center. • Discussion ensued with regard to closing on the property. Mr. Baldwin advised that the resolution of abandonment will be held in escrow and if the closing did not take place as scheduled, the abandonment would not be recorded, and Council would repeal the resolution. 3 MINUTES OF REGULAR SESSION HELD NOVEMBER 10, 2005 Councilman Noel moved to amend the resolution to stipulate that the resolution shall be effective • on closing of the real estate purchase. Vice Mayor Norris seconded the motion, which passed unanimously. Discussion took place on the abandonment. Mr. Baldwin explained that when the abandonment takes place under this resolution, the northern half will become the Village's and the southern half goes to the Benjamin School, who will give us quit claim deed to the south half in front of our property, so that the Village will have title to all of Carolinda Drive in front of our property. Thereafter, the original motion, as amended, passed unanimously. RESOLUTON 105-2005 ADOPTED -AUTHORIZING MARINA LEASES President Pro Tem Rennebaum moved that Resolution 105-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AUTHORIZING AND APPROVING LEASES FOR THE ANCHORAGE PARK MARINA AND STORAGE AREAS ATTACHED AS EXHIBIT "A" AND "B", AND TO ALIGN THE LEASE TERMS WITH THE VILLAGE FISCAL YEAR ENDING SEPTEMBER 30th; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Noel seconded the motion Discussion was held concerning the Charter and authorizing the Village Manager to sign the marina leases. Village Attorney George Baldwin opined that because the Council is authorizing and approving the leases tonight, including contract language, it would not be inappropriate for the Village Manager to sign marina leases. Further, Mr. Baldwin clarified that this action can be considered an administrative matter and does not give the manager authority to sign a contract in the future that the Council has not approved, or authorize him to amend the contract. Thereafter, the motion passed unanimously. RESOLUTION APPROVING PURCHASE OF GARBAGE TRUCK WITHDRAWN Item 6.E.5, a proposed resolution approving the purchase of 25 cubic yard rear-loading garbage truck was withdrawn from the agenda. RESOLUTON 106-2005 ADOPTED -APPROVING FULL-TIME ACCOUNTING TECH 1 POSITION AT COUNTRY CLUB President Pro Tem Rennebaum moved that Resolution 106-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AMENDING THE 2005-2006 COMPREHENSIVE PAY PLAN BY CREATING AND AUTHORIZING A FULL TIME ACCOUNTING TECH I POSITION AT THE COUNTRY • CLUB AND ELIMINATING ONE P/T CLERICAL SPECIALIST- POSITON AND ONE P/T DRIVING RANGE ATTENDENT POSITION be adopted. Councilman Noel seconded the motion, and all present voted aye. 4 MINUTES OF REGULAR SESSION HELD NOVEMBER 10, 2005 MAYOR AND COUNCIL MATTERS/REPORTS • Discussion was held concerning placement of a plaque or memorial at the Public Safety building m recognition of former Public Safety Director John Atwater. A recommendation was made to name the building for Chief Atwater. Council consensus was to place this item on an agenda. Councilman Noel provided the Council with a proposal he received from The Buxton Company, a firm that offers economic development assistance by matching communities with retailers. A representative from Buxton has been invited to attend the December 8th meeting. Brief discussion took place concerning a financial analysis of revenue projections with regard to the golf course renovation project. Mr. Bates advised that the Audit Committee Chairman has reviewed the projections, which were also sent to Colin Wright, a financial advisor, who has not yet provided a response. Mayor Eissey thanked staff and employees for their tireless efforts to clean-up the Village after Hurricane Wilma, and expressed the Council's highest compliments for their marvelous job. VILLAGE MANAGER MATTERS/REPORTS Mr. Bates reported on the point of sale system at the Country Club, the transition to bi-weekly payroll, and tomorrow's Veteran's Day celebration at Osborne Park. Discussion took place concerning the revised zoning map. Mr. Bates requested input from the Council regarding including future annexation areas on the new zoning map. Mr. Bates announced an employee appreciation picnic on 11/18/05 at 1:00 p.m. at the Public Safety facility. Brief discussion was held on the status of reopening Lakeside Park, which has been closed since Hurricane Wilma. REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS Mayor Eissey acknowledged receipt by the Council of the following Board minutes: Minutes of Code Enforcement Board meeting held 10/3/05 ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:55 p.m. ___--- Melissa Teal, CMC, Village lerk • 5