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