08-27-2009 VC WS-MMINUTES OF THE WORKSHOP SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• AUGUST 27, 2009
Present: David B. Norris, Mayor
William Manuel, Vice Mayor
Darryl Aubrey, Sc.D., President Pro Tem
Edward M. Eissey, Ph.D., Councilman
T.R. Hernacki, P.E., Councilman
Jimmy Knight, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Norris called the meeting to order at 8:12 p.m. All members of Council were present.
All members of staffwere present.
REQUEST FOR INDEMNIFICATION FOR LITIGATION EXPENSES
Discussion was held concerning the request for reimbursement of Attorney's fees by former
Country Club Advisory Board member Patricia Unruh.
Mr. Knight summarized the background of this issue, which concerns a lawsuit against the
Village by former Tennis Director Marcel Agnolin. Mr. Knight stated that Ms. Unruh was
named as a separate party in the lawsuit. Mr. Knight reported that the Village's insurer, EMI,
would not provide a defense for Ms. Unruh because Mr. Agnolin's complaint did not allege that
Ms. Unruh made any defamatory statements while she was a member of the Country Club
Advisory Board.
Mr. Rubin explained the basis in Florida Statutes and common law for reimbursement of fees for
public officers and officials. Mr. Rubin advised that Ms. Unruh's position is that had she not
been a member of the Country Club Advisory Board she would not have been joined in this
lawsuit; further, that if the Village does not provide some compensation in the event of a lawsuit
it could have a chilling effect on the willingness of the Village's citizens to serve on boards and
committees. Mr. Rubin reported that Ms. Unruh settled the lawsuit. Mr. Rubin suggested that
Council might wish to consider reimbursing Ms. Unruh for a portion of the attorney's fees based
on an hourly rate that the Village would generally pay for insurance counsel.
Ms. Unruh addressed the Council regarding the lawsuit. Ms. Unruh stated that she received no
direction from the Village regarding how to proceed. Ms. Unruh apprised Council of her
decision to settle the lawsuit against her due to the cost of attorney's fees and the likely failure to
obtain reimbursement of these fees from Mr. Agnolin.
Council discussed whether the litigation was connected to Ms. Unruh's service on the Country
Club Advisory Board. Mr. Rubin referred to the allegations in Mr. Agnolin's complaint and the
dates specified in the counts against Ms. Unruh. Mr. Rubin will provide Council with the
• pertinent parts of Mr. Agnolin's complaint and deposition, and the letter from the Village's
insurance counsel setting forth the reasons for denial of Ms. Unruh's request for representation.
It was suggested that the Village go back to EMI regarding coverage under its insurance policy.
This item will be brought back after more information is provided to Council by Mr. Rubin.
Minutes of Village Council Workshop Session held August 27, 2009 Page 2 of 2
ANNUAL FIRE INSPECTION FEES
• Mr. Knight referenced the establishment in 2006 of fees for annual- fire inspections of
commercial and multi-family buildings. Mr. Knight explained that the collection of fees was
provided for through the business tax receipt process; however, it did not provide a way to
collect the fee for multi-family properties for which a business tax is not required. Mr. Knight
noted the need to add language regarding code compliance. Additionally, Mr. Knight advised
that the proposed ordinance would add a plan review fee for construction and reconstruction.
Mr. Knight noted that the Village akeady provides this service, but has not previously collected a fee
for it, as allowed by statute. Mr. Knight reported that new construction or significant renovation
requires plan review by the planning department, building department, and fire department.
It was suggested that the inspection plan review fee be based on square footage or on the value of
the fire sprinkler and/or fire alarm system only, rather than on the total value of construction.
Mr. Knight advised that establishment of the fees will be done by resolution, and that portion of
this item will be brought to a future Workshop Session.
By consensus, Council moved the proposed ordinance to the next Regular Session.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:57 p.m.
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Melissa Teal, CMC, Village Clerk