Ordinance 217 Changes at NPBCC
ORDINANCE N0. 217-70
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING CHAPTER 10.5 OF THE NORTH PALM BEACH CODE BY CHANGING THE BOARD
OF GOVERNORS OF T}iE NORTH PALM BEACH COUNTRY CLUB TO ADVISORY STATUS;
]iY PROVIDING FOR MEMBERS OF THE NORTH PALM BEACH COUNTRY CLUB BOARD OF
GOVERNORS TO BE C}{OSEN IN PART BY THE MEMBERS OF THE NORTH PALM BEACH
COUNTRY CLUB; BY SETTING FORTH DUTIES AND RESPONSIBILITIES OF THE
NORT}{ PALM REACH COUNTRY CLUB BOARD OF GOVERNORS AND THE NORTI{ PALM
13EACH COUNTRY CLUB GENERAL MANAGER; BY
THE METHODS OF
ELECTING MEMBERS TO THE COUNTRY CLUB BOARD OF GOVERNORS BY THE MEMBER-
S}[IP OF THE NORTH PALM BEACH COUNTRY CLUB; AND RELATED MATTERS.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEAC}{,
FLORIDA:
Section 1. That Subsection 10.5-12(2) of the Village of
North Palm Beach Code is hereby amended to read as follows:
"Sec. 10.5-12(2). Hold an 2nnual membership
card entitling such person to the privilege
of the North Palm Beach Country Club golf course
and dining room, or swirrrtning pool and dining
room, and must have held such membership for
a period of at least four months prior to his
appointment or election."
Section 2. That Section 10.5-13 of the Village of North
Palm Beach Code is hereby amended to read as follows:
"Sec. 10.5-13. APPOINTMENT; TERM OF OFFICE---
(1) Four members of the Board of Governors
shall be appointed by the Village Council for
a term of two years each commencing May 1,
with two members' terms expiring in odd
numbered years and two members' terms expiring
in even numbered years.
(2) Three members of the Board of Governors
shall be elected by the adult paid members of
the North Palm Beach Country Club for a term
of two years commencing May 1, with two elected
members' terms expiring in odd numbered years
and one elected member's term expiring in the
even numbered years.
(3) At the first regular meeting of the
Village Council in April of each year the
Village Council shall appoint by resolution the proper
number of members to the Board of Governors under
the terms and conditions of this Chapter.
(q) On the first Wednesday in April of
each year the adult paid members of the
North Palm Beach Country Club shall meet
to elect the proper number of members to
the Board of Governors under the terms and
conditions of this Chapter."
Section 3. That Section 10.5-14 of the Village of North
' Palm Beach Code is hereby amended to read as follows:
"Sec. 10.5-14. VACANCIES---Upon the death,
resignation, removal, or failure of any
member of the Board of Governors to maintain
the qualifications set forth in Section 10.5-12
of this Chapter, the Village Council will
appoint a qualified successor to serve the
remainder of the term of a member appointed
by the Village Council, or will appoint a
qualified successor to serve until May 1 for
a member of the Board of Governors elected
by the members of the North Palm Beach Country
Club. Any vacancy created for a member elected
by the membership of the North Palm Beach
Country Club shall be filled at the meeting
held on the first Wednesday in April of each
year to serve the remainder of the term of
the disqualified member."
Section 4. Section 10.5-16 of the Village of North Palm
Beach Code is hereby repealed.
' Section 5. Subsection 10.5-17(4) of the Village of North
Palm Beach Code is hereby amended to read as follows:
"(4) Notwithstanding any language to the
contrary, the members appointed by the
Village Council to the Board of Governors
shall serve at the pleasure of the Village
Council."
Section 6. Section 10.5-18 of the Village of North Palm
Beach Code is hereby amended to read as follows:
"Sec. 10.5-18. ORGANIZATION---The Country
Club Manager shall arrange for a meeting to
be held within the first ten days of May, at
which time the Board shall meet and elect
from among its members a chairman and vice-
chairman, who shall hold office for terms
of one year thereafter, or until their
successors are elected. The secretary to the
Board shall be furnished through the offices
of the North Palm Beach Country Club
Manager."
Section 7. That Subsection 10.5-19(2) of the Village of North
Palm Beach Code is hereby repealed.
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Section 8. That Section 10.5-20 of the Village of North
Palm Beach Code is hereby amended to read as follows:
"Sec. 10.5-20. POWERS, DUTIES AND FUNCTIONS---
The Board of Governors Hhall:
(1) Have the right, power and authority,
and it shall be the duty of the Board of
Governors to advise and recommend to the
Village Council concerning the supervision,
control and management over the North Palm
Beach Country Club which shall include the
dining facilities, swimming facilities,and
golf course and pro shop operations, except
as modified in this Chapter.
(2) Advise concerning reasonable rules and
regulations for the conduct and operation of
the North Palm Beach Country Club, and the
use of its facilities by its members and the
general public and shall incorporate these
rules and regulations in a written document
and present same to the Village Council. No
such rules or regulations shall be effective
until approved by resolution of the Village
Council and any amendments thereto shall
likewise be approved before they are effective.
(3) Advise and recommend the Village
Council concerning the appointment of a
Country Club Manager, who shall be the
chief administrative officer of the country
' club.
(4) Advise and recommend to the Village
Council on the advantages or disadvantages
of any bid proposals for purchases in excess
of $1,000 each,
(5) Recommend and advise the Village
Council concerning the membership, greens and
clubhouse fees to be charged for such
facilities at the North Palm Beach Country
Club and for any and all concessions in
connection therewith. All fees shall be set
by the Village Council only. In recommending
the amount of all fees, charges, etc. the
Board of Governors shall take into consider-
ation the cost of the operation and maintenance
and development of the North Palm Beach
Country Club and its facilities and
shall attempt to recommend such fees as will
provide sufficient funds to reduce the cost
to the taxpayers of the Village of North Palm
Beach of the operation of the North Palm
Beach Country Club.
(6) Shall conduct the election for
the three members of the Board of Governors
who shall be elected by the membership of
the North Palm Beach Country Club; provided,
however, any member of the Board of Governors
who has been nominated for re-election
shall not participate in the election pro-
cedure except that his presence at the meeting
shall be counted in determining that a quorum
of the members of the Board of Governors is
present to hold such a meeting. The election
shall be held so that nominations shall be
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made from the floor at a meeting to be called
for the first Wednesday in April of each
year. Members shall be elected by secret
ballot, provided, however, that if only
one person is nominated for the position, the
chairman may direct the secretary of the Board
of Governors to cast one ballot for that person
and thereby declare him elected. The Board
shall take all reasonable steps to properly
advertise the election meeting, and the election
shall be conducted as nearly as possible in
' accordance with Robert's Rules of Procedure.
The number of persons to constitute a quorum
shall be not less than 40 persons.
Section 9. That Sections 10.5-25, 10.5-27 and 10.5-28
o}' the Village of North Palm Beach Code are hereby repealed.
Section 10. That the Village of North Palm Beach Code
is hereby amended by adding a new section to be numbered Section
10.5-26, which said section shall read as follows:
"Sec. 10.5-26. APPOINTMENT---QUALIFICATIONS---
The Council shall appoint a Country Club
Manager who shall be the administrative head
of the North Palm Beach Country Club under the
laws of the Village as enacted by the Council,
and under general supervision of the Council.
He shall be chosen by the Council solely on
the basis of his executive and administrative
qualifications with special reference to his
actual experience in or his knowledge of
accepted practice in respect to the duties of
his office hereinafter set forth. During
any vacancy in the office of Country Club
Manager, the Council may designate any
competent person, including the Mayor or
any member of the Council to execute the
functions of the office of Country Club Manager."
Section 11. That the Villa ge of North Palm Beach Code
is hereby amended by adding a new section to be numbered Section
10.5-27, which said section shall read as follows:
"Sec. 10.5-27. TERM OF OFFICE; COMPENSATION---
(1) The Council shall appoint and remove the
Country Club Manager by a majority vote of
its members and the Country Club Manager shall
hold office at the pleasure of the Council.
(2) The Country Club Manager shall receive
compensation commensurate with his duties as
the Council shall prescribe by resolution.
Any vacancy in the office of Country Club
Manager shall be filled by the Council at the
earliest possible date."
Section 12. That the Village of North Palm Beach Code is
hereby amended by adding a new section to be numbered Section 10.5-28,
which said section shall read as follows:
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"Sec. 10.5-28. POWERS AND DUTIES---The Country
Club Manager shall be responsible to the
Council for the proper administration of all
affairs of the North Palm Beach Country Club
coming under his jurisdiction, and to that end
his powers are and they shall be:
(1) To see that the laws, ordinances and
' resolutions concerning the North Palm Beach
Country Club are enforced.
(2) To attend all regular meetings of the
Village Council and all meetings of the North Palm
Beach Country Club Board of Governors.
(3) To recommend to the Council for adoption
such measures as he may deem necessary or expedi-
ent in the interest of the Village of North Palm
Beach Country Club. To keep the Council fully
advised as to the needs of the Country Club and
to submit for its consideration an annual budget.
(4) To appoint, suspend or remove all depart-
ment heads and all employees thereunder. He may
authorize the head of a department or office to
appoint, suspend or remove subordinates in such
department.
(5) To advise and consult with the Council
appointed officers and to make such recommenda-
tions to the Council with respect thereto, as
he may see fit.
(6) To perform such other duties as the
Council may prescribe.
(7) }{e shall be the purchasing agent for
the Country Club, by whom all purchases of
supplies shall be made, and he shall approve
all vouchers for the payment of same. In the
capacity of purchasing agent he shall conduct
all sales of personal property which the
Council may authorize to be sold as having
become unneoessary or unfit for the
Country Club's use. All purchases and sales
shall conform to such regulations as the
Council may from time to time prescribe.
Purchases of materials or supplies of any
nature amounting to Five Hundred Dollars
or more shall not be made without the
approval of the Council after first receiving
at least three competitive quotations, and
such purchases amounting to One Thousand
Dollars or more shall only be made on
competitive bidding on a public call for
bids which shall be opened and accepted'
at public meetings."
' Section 13. That the Village of North Palm Beach Code
is hereby amended by adding a new section to be numbered Section 10.5-29,
which said section shall read as follows:
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"Sec. 10.5-29. ANNUAL REPORT TO COUNCIL---
The Country Club Manager shall prepare and
submit to the Council within thirty days after
the close of each fiscal year a complete
report of the operation and administrative
activities of the North Palm Beach Country
Club for the preceding fiscal year."
Section 14. That the Village of North Palm Beach Code
is hereby amended by adding a new section to be numbered Section
10.5-30, which said section shall read as follows:
"Sec. 10.5-30, HIRING AND SUPERVISION OF
COUNTRY CLUB EMPLOYEES---Neither the Council
nor any of its members shall direct or request
the appointment of any person to, or his
removal from, office by the Country Club
Manager or any of his subordinates, or in any
manner take part in the appointment or removal
of officers and employees in the administra-
tive services of the Country Club. Except
for the purpose of inquiry, the Council and
its members shall deal with the administrative
services solely through the Country Club
Manager and neither the Council nor any member
thereof shall give orders to any subordinates
of the Country Club Manager, either publicly
or privately."
Section 15. That the Village of North Palm Beach Code is
}iereby amended by adding a new section to be numbered Section 10.5-31,
which said section shall read as follows:
"Sec. 10.5-31. BOND---The North Palm Beach
Country Club Manager shall be subject to
the same bonding requirements as are set forth
by the Village Council for the North Palm
Beach Village Manager, as to both amount of
bond, terms of bond and requirements to be
bonded,"
Section 16. That Section 10.5-36 of the Village of North Palm
Beach Code is hereby amended to read as follows:
"Sec. 10.5-36. FISCAL YEAR---The fiscal year
of the North Palm Beach Country Club shall
be the same as that of the Village, viz:
November 1st of one year to October 31st of
the next succeeding year."
Section 17. That Section 10.5-38 of the Village of North
Palm Beach Code is hereby amended to read as follows:
"Sec. 10.5-38. BUDGET---PREPARATION---(1) On
or before August 1st o each year, the Country
Club Manager shall deliver to the Village
Council his estimate of receipts and expendi-
tures for the next ensuing fiscal year, state-
ment of the amount of supplies and materials
on hand at the date of the preparation of said
estimate, and such other information as may be
required by the Village Council, all as provided
for by the charter of said Village and Ordinance
No. 69.
(2) The Village Council in its annual
budget may appropriate such additional funds
from the general fund of the Village as in
its sole discretion shall be necessary and
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proper for the operation of the country club,
if the estimates of income and expense submitted
as set forth above indicate an operating
deficit for the country club."
Section 18. That Section 10.5-39 of the Village of North
Palm Beach Code is hereby repealed.
Section 19. The provisions of this Ordinance shall take
effect November 1, 1970.
Section 20. The Village Council shall appoint seven members
to serve as the Board of Governors under the terms of this ordinance
until three members can be elected by the Country Club members on the
first Wednesday in April, 1971 and until the appointed members are chosen
at the first regular meeting of the Village Council in April, 1971.
PLACED ON FIRST READING THIS 10TH DAY OF SEPTEMBER, 1970.
PLACED ON SECOND, FINAL READING AND PASSED THIS 24TH DAY OF SEPTEMBER,
1970.
1
ATTPST:
/s/ Dolores R. Walker
Village Clerk
1
/s/ Thomas R. Bell
VICE-MAYOR
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