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02-09-2012 VC WS-M MINUTES OF THE WORKSHOP SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA FEBRUARY 9, 2012 Present: Darryl C. Aubrey, Sc.D., Mayor David B. Norris, Vice Mayor William L. Manuel, President Pro Tern Robert A. Gebbia, Councilman Edward M. Eissey, Ph.D., Councilman Jimmy Knight, Interim Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Aubrey called the meeting to order at 8:36 p.m. All members of Council were present. All members of staff were present. AMENDMENTS TO CHAPTER 6, `BUILDINGS AND BUILDING REGULATIONS" OF THE CODE OF ORDINANCES Council considered amendments to Chapter 6 of the Code of Ordinances relating to `Building and Building Regulations"to reference the current edition of the Florida Building Code; provide for the Construction Board of Adjustment and Appeals; reassign administrative duties relating to the Planning Commission and sign code to the Community Development Department; and reference Florida Building Code standards within the Village sign code. Mr. Knight reported that because Section 6-17 of the Village Code of Ordinances currently references the 2004 edition of the Florida Building Code (FBC), the Village must amend the Code of Ordinances any time a new edition of the FBC is released. Mr. Knight recommended amending the Code to refer to the current edition of the FBC, instead of a specific edition. Mr. Knight advised that the 2004 edition of the FBC provided for and referenced a Construction Board of Adjustments; however, the latest edition eliminates any reference to this Board. Therefore, the Village needs to provide for the creation and duties of the Village's Construction Board of Adjustment and Appeals within Chapter 6 of the Village Code of Ordinances. Additionally, Mr. Knight recommended these revisions to Chapter 6: (1) reassigning administrative duties relating to the Planning Commission and the sign code from the Building Inspector to the Community Development Department; and (2) referencing FBC requirements in Section 6-117 of the Village Code, which provides for the design, construction and location standards for signs erected within the Village. Discussion took place regarding the word "current" in Section 6-17 and it was suggested that this should be clarified to indicate reference to the latest version of the FBC in use at any time. Mr. Rubin explained the use of the Construction Board. Regarding the reassignment of duties • related to the Planning Commission and sign code, Mr. Rubin advised that this is a codification of current procedure. Council will consider the proposed ordinance on first reading at its February 23,2012 Regular Session. Minutes of Village Council Workshop Session held February 9, 2012 Page 2 of 2 SECTION 5-26,"FUELING OF MARINE CRAFT"OF THE CODE OF ORDINANCES • Discussion took place regarding the recommendation of the Waterways Board seeking the repeal of Section 5-26 of the Village Code of Ordinances regarding fueling of marine craft within residential areas. Mr. Knight stated that Section 5-26 of the Village Code of Ordinances currently prohibits fueling of floating marine craft at other than a marine service station. Mr. Knight explained that the wording of Section 5-26 came directly from the Standard Fire Prevention Code adopted by the Village many years earlier, and remained in effect until the implementation of the Florida Fire Prevention Code (FFPC) in 2002. Mr. Knight reported that because the FFPC did not address the fueling of marine craft in residential areas, the Council implemented its own prohibition through the adoption of Ordinance No. 142002, as currently set forth in Section 5-26. Mr. Knight reported that Fire Chief J.D. Armstrong met with the Waterways Board and after review and consideration, expressed opposition to any change to the current Code. Mr. Knight stated the Waterways Board investigated this issue, and taking into consideration the concerns expressed by Chief Armstrong, concluded that residential dockside marine vessel fueling could be safely performed with the implementation of a Village permit process. Mr. Knight stated Village Administration had identified regulatory authorities related to dockside petroleum services. Mr. Knight suggested that language in Section 5-26 continue to prohibit fueling of floating marine craft unless performed in accordance with all applicable regulations; further, that language be added requiring the vessel owner and/or the owner's representative to be present during the dispensing of fuel. Should Council wish to move forward with a Code amendment, Mr. Knight recommended seeking a formal opinion on the NFPA code. Discussion ensued regarding a registration process. Mr. Rubin noted that the Village could only charge for a business tax receipt if the company has an office in the Village; therefore, companies would be required to register with the Village to ensure proper documentation and compliance with state regulations. Chief Armstrong expressed concern that a change might not comply with the State Fire Code. Chief Armstrong described the function of the National Fire Protection Association and discussed NFPA 30A Chapter 11, Marine Fueling and Subsection 11.9, Cargo Tank Fueling Facilities. Chief Armstrong recommended requesting a formal interpretation of these provisions from the NFPA with regard to fueling of marine craft in residential areas. Chairman Ken Wright described the research conducted by the Waterways Board, and noted that while sharing the Chief's concerns regarding safety, the Board felt that existing regulations for purveyors of residential fueling address these safety issues. Mr. Wright detailed the regulations and agencies controlling fueling by water or land. Discussion ensued on requesting an interpretation from the NFPA. Mr. Rubin noted that NFPA 30A, Chapter 11 does not specifically reference residential property, and opined the most prudent course would be to seek an NFPA opinion. Council consensus was to seek an opinion and move forward. • ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:27 p.m. , i / /4../. -/----- �� C! rI Melissa Teal, CMC, Village Clerk