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08-26-2010 VC WS-MMINUTES OF THE WORKSHOP SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • AUGUST 26, 2010 Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor David B. Norris, President Pro Tem T.R. Hernacki, P.E., Councilman Robert A. Gebbia, Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Manuel called the meeting to order at 8:00 p.m. All members of Council were present. All members of staffwere present. APPLICATION FOR SPECIAL PERMIT FOR SIMILAR USE Item 2.c, Application for Special Permit for Similar Use was moved forward on the agenda. Mr. Knight gave a presentation on the Cod and Capers Seafood application for a special permit for a similar use to operate a retail and wholesale seafood market with a restaurant and bar located in the Crystal Tree Plaza. Mr. Knight reviewed the special permit conditions, proposed signage, location of deliveries, parking location for company-owned and operated delivery trucks, and storage and removal of organic and inorganic waste products. Mr. Knight noted letters of support from Crystal Tree Property Owner, LLC and numerous tenants at Crystal Tree Centre. Cod and Capers Seafood owner Steve Gyland was present and answered questions concerning the application. Mr. Gyland explained the wholesale component of the business, reviewed delivery times, and detailed the daily waste removal process. Discussion took place concerning deliveries and parking. The permit requirement to maintain a retail component of the business at all times was discussed with regard to establishing an amount/area of retail that must be maintained. Mr. Knight will provide a percentage of retail area for Council consideration at the next Regular Session. This item was moved forward to the September 16, 2010 Regular Session agenda. REQUEST FOR REIMBURSEMENT OF LITIGATION EXPENSES Discussion took place concerning a request by former Country Club Advisory Board member Patricia Unruh for reimbursement of her attorney's fees and costs related to a lawsuit filed by Marcel Agnolin, former Village tennis professional. Previously, Council deferred consideration of this issue until Mr. Agnolin's lawsuit against the Village was concluded. Mr. Knight noted • unilateral settlement ofthe Marcel Agnolin v. Village ofNorth Palm Beach case by the Village's insurer, EMI. Mr. Knight and Mr. Rubin reviewed the issues pertaining to Mrs. Unruh's request. Mr. Rubin explained the statutory cntena authonzmg a municipality to provide legal representation at public expense. Minutes of Village Council Workshop Session held August 26, 2010 Page 2 of 2 • REQUEST FOR REIMBURSEMENT OF LITIGATION EXPENSES continued Discussion ensued regarding a connection between the lawsuit and Mrs. Unruh's service on the Country Club Advisory Board. Concern was expressed that residents not be penalized for serving on Village advisory boards. Mrs. Unruh addressed the Council concerning her contact with Village administration and EMI's litigation attorney regarding coverage of her defense. Mr. Rubin noted common law allows expenditure of public funds for legal representation related to the performance of official duties by public officials. in order to avoid a chilling effect that would keep qualified persons from coming forward to serve their communities. Discussion was held regarding attorney's fees and court costs. Council consensus was that a resolution authorizing reimbursement of attorney's fees and court costs in the amount of $19,500 (funded from Council Contingency account) be placed on the September 16, 2010 Regular Session agenda for Council consideration. NON-AD VALOREM ASSESSMENT FOR VILLAGE GARBAGE/WASTE COLLECTION Discussion took place regarding implementation of a non-ad valorem assessment for fiscal year 2012 related to Village garbage/waste collection. Mr. Knight reported that Village sanitation costs are approximately $1.4 million. Mr. Knight stated that ad valorem would be reduced if a non-ad valorem assessment was implemented. Mr. Knight reported the projected cost of annual collection service would be $315.77 per single- family household and $118.76 per multi-family household. Mr. Knight advised the estimate is based on the number of tons of solid waste (garbage, trash, and vegetation) generated per year, from data provided by the Solid Waste Authority. Mr. Knight reviewed the timeline/deadlines for implementing anon-ad valorem assessment, and reminded Council that the process to implement a solid waste assessment must begin one year in advance, due to public notice requirements and the need for agreements with the Tax Collector, Property Appraiser, and Solid Waste Authority; therefore, an assessment would not be effective until FY 2012, should Council decide to proceed. Mr. Knight reviewed the fees charged by the Tax Collector and Property Appraiser for their services and advised that agreements with these entities would need to be approved by March 1, 2011. Discussion ensued on the advantages and disadvantages of moving to a non-ad valorem assessment for solid waste collection. Council requested additional information, such as the estimated cost per residence, if collected through ad valorem or non-ad valorem assessment. Mr. Knight will provide a range of the cost per household. Further discussion on this item will be held at an upcoming Workshop Session. ADJOURNMENT • With no further business to come before the Council, the meeting adjourned at 10:40 p.m. Melissa Teal, CMC, Village Clerk