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02-10-2005 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • FEBRUARY 10, 2005 Present: Absent: ROLL CALL Donald G. Noel, Mayor Charles R. O'Meilia, President Pro Tem David B. Norris, Councilman Robert F. Rennebaum, Councilman Mark Bates, Village Manager George W. Baldwin, Village Attorney Melissa Teal, CMC, Village Clerk Dr. Edward M. Eissey, Vice Mayor Mayor Noel called the meeting ~to order at 7:30 p.m. All members of Council were present, except Dr. Eissey, who had a meeting conflict. All members of staff were present. INVOCATION. AND-PLEDGE OF ALLEGIANCE Councilman Norris gave the invocation, and Mayor Noel led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following minutes were approved: Minutes of Regular Session held 1/2705 REPORT OF THE MAYOR Mayor Noel recognized Public Safety Director Jimmy Knight, who introduced Sgt. Coliskey, Tom Fitzpatrick, Steve Mekoliavitch, and Ken Mildworm, members of the Village's Detective Bureau. Chief Knight commended the Detective Bureau for the number of cases it has cleared since the beginning of this year. STATEMENTS FROM THE PUBLIC Mr.. Richard Podell, 1436 Harbour Point Drive, asked when action would be taken on the south side of Monet Road concerning landscape maintenance and a paved turnaround for the garbage trucks. The Village Clerk was directed to add these issues to the Action Log. CONSENT AGENDA Councilman Rennebaum moved to approve the Consent Agenda. President Pro Tem O'Meilia seconded the motion, which passed unanimously. The following minutes were received for file: • Minutes of Code Enforcement Board meeting held 12/6/04 Minutes of Library Advisory Board meeting held 12/28/04 Minutes of Planning Commission meeting held 1/4/05 MINUTES OF REGULAR SESSION HELD FEBRUARY 10, 2005 Minutes of the Country Club Advisory Board meeting held 1/10/OS • Minutes of Recreation Advisory Board meeting held 1/11/OS Resolution 11-2005, certifying that funds from Palm Beach County EMS Grant Award shall be accepted and utilized to improve and expand pre-hospital services in the coverage area and to meet the goals and objectives of the EMS County Grant Plan; was approved. VILLAGE MANAGER'S MATTERS Mr. Bates discussed a summary of ,the Village's Quarterly Financial Report including the Country Club, and the General Fund. Mr. Bates reviewed the tentative schedule for budget workshops for the 2005-2006 fiscal year budget. The Council requested more information prior to the workshops in July. Assistant Manager Doug Smith gave an update on Seacoast Utility Authority issues. Mr. Smith discussed the .possibility of Seacoast entering into an intergovernmental conflict resolution process with Palm Beach County concerning the provision of water service to the Pratt & Whitney site by Palm Beach County in contravention of an existing agreement between Seacoast and Palm Beach County. Mr. Bates reported on the Village's FEMA claim. ORDINANCE 03-2005 ENACTED -CODE AMENDMENT -AGENDA ORDER OF BUSINESS Councilman Rennebaum moved thatBill 1164 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-26, ORDER OF BUSINESS, OF DNISION 2 OF ARTICLE II OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE; PROVIDING THAT ORDER OF BUSINESS MAY BE VARIED BY UNANIMOUS CONSENT OF THE COUNCILMEN PRESENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTNE DATE be placed on second reading and read by title alone. Councilman Norris seconded the motion, which passed 3 - 1, with Councilman Rennebaum, Councilman Norris, and Mayor Noel voting aye, and President Pro Tem O'Meilia opposed. Councilman Rennebaum moved to enact Bill 1164 as Ordinance 03-2005. Councilman Norris seconded the motion, which passed 3 - 1, with Councilman Rennebaum, Councilman Norris, and Mayor Noel voting aye, and President Pro Tem O'Meilia opposed. ORDINANCE 04-2005 ENACTED -CODE AMENDMENT -HOME OCCUPATIONS President Pro Tem O'Meilia moved that Bill 1165 entitled: • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION F OF SECTION 45-36, GENERAL PROVISIONS, OF ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE DELETING THE PROHIBITION 2 MINUTES OF REGULAR SESSION HELD FEBRUARY 10, 2005 AGAINST HOME OCCUPATIONS WITHIN DWELLINGS LYING WTTHIN ZONING DISTRICTS R-1, SINGLE-FAMII,Y DWELLING DISTRICT, R-2, MULTIPLE-FAMILY • DWELLING DISTRICT, AND R-3, APARTMENT-DWELLING DISTRICT; PROVIDING FOR SEVERABILTTY; 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. Councilman Rennebaum seconded the motion, and all present voted aye. President Pro Tem O'Meilia moved to enact Bill 1165 as Ordinance 04-2005. Councilman Rennebaum seconded the motion, which passed unanimously. BILL 1166 -CODE AMENDMENT -GENERAL EMPLOYEES PENSION PLAN PULLED FROM AGENDA RESOLUTION 12-2005 ADOPTED -BUDGET TRANSFER -COUNTRY CLUB AIR CONDITIONING REPAIR President Pro Tem O'Meilia moved that Resolution 12-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE TRANSFER OF $5995 WITHIN THE COUNTRY CLUB FUND FROM CONTINGENCY INTO REPAIR & MAINTENANCE MACHINE & EQUIPMENT FOR AIIt CONDITIONER REPAIRS be adopted. Councilman Rennebaum seconded the motion, and all present voted aye. RESOLUTION 13-2005 ADOPTED - ENDORSING PROPOSED LEGISLATION GRANTING AUTHORITY TO ENACT LOCAL GOLF CART REGULATIONS President Pro Tem O'Meilia moved that Resolution 13-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCII. OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA EXPRESSING THE VILLAGE COUNCII.'S DISSATISFACTION WITH CURRENT FLORIDA LAW REGARDING THE REGULATION OF GOLF CARTS BY LOCAL GOVERNMENTS; SUGGESTING THAT CURRENT FLORIDA LAW REGARDING THE REGULATION OF GOLF CARTS IS INADEQUATE TO PROTECT THE HEALTH, SAFETY AND WELFARE OF CITIZENS OF FLORIDA WHO LIVE IN JURISDICTIONS WHERE GOLF CARTS ARE UTII.IZED; FURTHER SUGGESTING THAT ALL LOCAL GOVERNMENTS SHOULD BE GRANTED THE AUTHORITY TO ENACT SPECIFIC GOLF CART REGULATIONS WHICH ARE MORE RESTRICTIVE THAN THOSE FOUND IN CURRENT FLORIDA LAW; OFFERING SUGGESTED LEGISLATION TO ACCOMPLISH THIS GOAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES • be ado ted. Councilman Rennebaum seconded the motion whi p ch passed unanimously 3 MINUTES OF REGULAR SESSION HELD FEBRUARY 10, 2005 RESOLUTION 14-2005 ADOPTED -APPROVING AND AUTHORIZING AWARD OF 2004-20045 PAVING CONTRACT • Councilman Norris moved that Resolution 14-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE AWARD OF THE VILLAGE FY 2004-2005 PAVING CONTRACT TO CHARLES S. WHITESIDE, INC., IN THE AMOUNT OF $199,765.00; FUNDS TO BE EXPENDED FROM ACCOUNT NO. A7321-34682, R&M STREET PAVING be adopted. Councilman Rennebaum seconded the motion, which passed unanimously. RESOLUTION 15-2005 ADOPTED -SELECTING NICKLAUS GOLF DESIGN FOR CONCEPTUAL COURSE DESIGN AT COUNTRY LUB Councilman Norris moved that the design firm of Nicklaus Golf Design be selected. Councilman Rennebaum seconded the motion, and all present voted aye. Discussion took place concerning a master plan, business plan, and conceptual course design. During discussion, the title and Section 1 of the resolution were amended to delete the words "Country Club Master Plan" and the phrase "development of a conceptual course design" was added to the title and Section 1 of the resolution. Thereafter, Councilman Noms moved that Resolution 15-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE SELECTION OF A DESIGNER, AND DIRECTING THE ADMINISTRATION TO NEGOTIATE AND RETURN AN ACCEPTABLE AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR DEVELOPMENT OF CONCEPTUAL COURSE DESIGN AT THE NORTH PALM BEACH COUNTRY CLUB FOR COUNCIL'S CONSIDERATION AND APPROVAL be adopted.. Councilman Rennebaum seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:45 p.m. ~ ~~~ Melissa Teal, CMC Village Clerk • 4