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08-08-2013 VC WS-MMINUTES OF THE WORKSHOP SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA AUGUST 8, 2013 �) Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor Robert A. Gebbia, President Pro Tem David B. Norris, Councilman Doug Bush, Councilman Ed Green, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Manuel called the meeting to order at 7:53 p.m. All members of Council were present. All members of staff were present. LICENSE AGREEMENT WITH THE BENJAMIN SCHOOL Mr. Green related that on March 28, 2013, the Village Council enacted Ordinance 2013 -06, creating The Benjamin School Planned Unit Development (PUD). Mr. Green noted that the PUD included a waiver from Section 45 -33 of the Village Code of Ordinances to allow for existing and proposed parking spaces within the McLaren Road right -of -way. Mr. Green stated Ordinance 2013 -06 required the School to enter into a Revocable License and Indemnification Agreement to allow for parking within the McLaren Road right -of -way. Mr. Green advised that as a condition of the PUD approval, parking is limited to faculty only, and the School is responsible for marking the spaces and enforcing the faculty -only restriction. Mr. Green detailed the terms of the proposed agreement, and noted that in accordance with the terms of the ordinance, the agreement must be fully executed by September 28, 2013. Mr. Rubin explained that because The Benjamin School is utilizing the right -of -way owned by the Village, the Revocable License and Indemnification Agreement is necessary to shift liability to the School and to ensure the School has sufficient insurance to cover a claim. A question was raised regarding utility lines under the right -of -way. Mr. Rubin will confirm that there are no utility lines in this area. This item was forwarded to the next Regular Session agenda. ADDITIONAL HOMESTEAD EXEMPTION Mrs. Teal noted this item came forward at the request of a resident that the Council consider granting an additional homestead exemption for persons over 65, as provided for in Section 196.075 F.S. Mrs. Teal related that at its April 25, 2013 Workshop Session, the Village Council discussed the request, which would grant an exemption (not exceeding fifty- thousand dollars) to any person who has the legal or equitable title to real estate, maintains their permanent residence on the property, is 65 or older, and whose household income does not exceed the household income limitation. At that time, Council requested details on the budgetary impact at various exemption amounts. Mrs. Teal reported there are currently 147 homeowners in North Palm Beach who qualify for the $25,000 low- income senior exemption offered by Palm Beach County; the assessed value of their properties ranges from a low of $20,000 to a high of $335,453. Minutes of Village Council Workshop Session held August 8, 2013 Page 2 of 2 ADDITIONAL HOMESTEAD EXEMPTION continued Mrs. Teal referred to the spreadsheet prepared by Finance Manager Merle Goldberg, and reported that if approved, an exemption at the $25,000 level would result in a loss of $3,374,192 in taxable value or $23,525.88 in tax dollars, based on the current millage rate of 6.9723 mils. Ms. Goldberg was present to answer questions. Discussion was held regarding these issues: number of residents who might qualify; ability to repeal the exemption, assessed value of property versus market value; redistribution of taxes; contributing toward the cost of Village services; definition of adjusted gross income; keeping the millage rate low for all residents; the number of taxing authorities currently providing an additional exemption and the exemption level; and what exemption amount, if any, the Village would provide. Concern was expressed for longtime residents who are retired and on fixed incomes. A question was raised regarding whether a term of residency requirement could be included. Mr. Rubin advised that ad valorem exemptions are governed by statute; therefore, the Village must follow the exact statutory procedures. Discussion took place concerning changes in statutory parameters. Mr. Rubin stated the legislature could change the parameters at a future date and the Village would be bound by the changes. Discussion ensued regarding defining a sunset period in order to review the impact on ad valorem revenue and determine whether to continue the exemption. It was noted that during future budget cycles, Council has the opportunity to review fiscal conditions and reconsider whether to offer an exemption. By consensus, Council declined to move forward with an exemption at this time. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:16 p.m. Melissa Teal, CMC, Village Clerk