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10-24-2019 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 24, 2019 Present: Darryl C. Aubrey, Sc.D., Mayor Mark Mullinix, Vice Mayor Deborah Searcy, Councilmember Chuck Huff, Special Projects Director Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: David B. Norris, President Pro Tem Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager ROLL CALL Mayor Aubrey called the meeting to order at 7:33 p.m. All members of Council were present except for President Pro Tem Norris and Councilmember Susan Bickel. All members of staff were present except for Andrew D. Lukasik, Village Manager. Special Projects Director Chuck Huff attended the meeting on behalf of Mr. Lukasik. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Aubrey gave the invocation and Councilmember Searcy led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held October 10, 2019 were approved as written. STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Tom Magill, 119 Atlantic Road, complimented Village Manager Lukasik, Finance Director Samia Janjua, and Village staff on the quality and presentation of FY 2020 Annual Budget. Cathy Graham, 508 Fairwind Drive, thanked Council and residents for a successful celebration of the Library's 50th anniversary. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2019-11 AMENDMENTS TO THE POLICE & FIREFIGHTER EMPLOYEES PENSION PLAN A motion was made by Vice Mayor Mullinix and seconded by Councilmember Searcy to adopt and enact on 2nd reading Ordinance 2019-11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENTS SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES TO IMPLEMENT CHANGES TO RETIREMENT BENEFITS RESULTING FROM COLLECTIVE BARGAINING WITH THE UNIONS REPRESENTING THE VILLAGE'S FIREFIGHTER EMPLOYEES (IAFF) AND POLICE OFFICER EMPLOYEES (PBA); PROVIDING FOR AMENDMENTS AFFECTING THE Minutes of Village Council Meeting held October 24, 2019 Page 2 of 5 PUBLIC HEARING AND SECOND READING OF ORDINANCE _2019-11AMENDMENTS TO THE POLICE & FIREFIGHTER EMPLOYEES PENSION PLAN continued CALCULATION OF POLICE OFFICER AND FIREFIGHTER RETIREMENT BENEFITS; PROVIDING FOR AN INCREASE TO THE MULTIPLIER USED TO CALCULATE BENEFITS; ESTABLISHING A 75% CAP ON RETIREMENT BENEFITS; INCREASING EMPLOYEE CONTRIBUTION RATES; CREATING A DEFERRED RETIREMENT BENEFIT PLAN (DROP); APPLYING THE USE OF INSURANCE PREMIUM TAX REVENUE TO THE VILLAGE'S ANNUAL RETIREMENT CONTRIBUTION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff gave a recap of the amendments to the Police and Firefighter's Pension Plan. The multipliers for both PBA and IAFF would be increased from 2.5% to 2.75%. The "donut hole" which existed in the plan was eliminated. All Insurance Tax Premium revenue would now be eligible for use by the Village to fund the annual actuarially required contribution to the pension fund. PBA and IAFF members will both be making increased employee retirement contributions. A Deferred Retirement Option Plan was also added to the Pension Plan. Thereafter, the motion to adopt and enact on second reading Ordinance 2019-11 passed with all present voting aye. CONSENT AGENDA Councilmember Searcy moved to approve the Consent Agenda. Vice Mayor Mullinix seconded the motion which passed with all present voting aye. The following items were approved: Resolution — Repealing Resolution No. 2018-93 which approved a Project Agreement for a Florida Inland Navigation Grant and appropriated funds for the grant match and an associated engineering study. Resolution — Approving the purchase and installation of outdoor fitness equipment from Playmore West, Inc. d/b/a Playmore Recreational Products and Services for the Community Center in a total amount not to exceed $32,113.55. Resolution — Approving Change Order No. 2 to the Contract with Family Pools, Inc., for the Pool Resurfacing Project to modify the scope and increase the cost by $24,000, and authorizing execution of a Budget Amendment to fund the project. Receive for file Minutes of the Recreation Advisory Board meeting held 9/10/19. RESOLUTION 2019-118 — COUNTRY CLUB POOL FACILIITES LICENSE AGREEMENT A motion was made by Vice Mayor Mullinix and seconded by Councilmember Searcy to adopt Resolution 2019-118 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A LICENSE AGREEMENT WITH RICHARD E. CAVANAH, INC. TO UTILIZE THE COUNTRY CLUB POOL FOR ORGANIZED SWIM TRAINING ACTIVITIES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Meeting held October 24, 2019 Page 3 of 5 RESOLUTION 2019-118 — COUNTRY CLUB POOL FACILIITES LICENSE AGREEMENT continued Mr. Huff stated that staff negotiated a new license agreement with Mr. Cavanagh for a period of two years beginning on December 1, 2019 through November 30, 2021. Mr. Huff discussed and explained the agreement which included the monthly payments Mr. Cavanah would pay the Village for the use of the pool facilities and the permissions to conduct swim club training and several other programs throughout the year. Councilmember Searcy asked if participants in the swim team were required to have a membership. Country Club General Manager Beth Davis stated that swim team participants were required to have a $50 annual Country Club membership to participate in the pool activities. Councilmember Searcy asked if the public would still have access to the pool while the swim team is training on Friday evenings. Ms. Davis explained that public access to the pool would not be limited during the swim team's training and activities on Friday evenings. Thereafter, the motion to adopt Resolution 2019-118 passed with all present voting aye. RESOLUTION 2019-119 — FIRE RESCUE DEPARTMENT BUNKER GEAR PURCHASE A motion was made by Councilmember Searcy and seconded by Vice Mayor Mullinix to adopt Resolution 2019-119 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE SOLE SOURCE PURCHASE OF GLOBE FIREFIGHTER PROTECTIVE CLOTHING (BUNKER GEAR) FROM BENNETT FIRE PRODUCTS COMPANY, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff explained that nine sets of firefighter bunker gear needed to be replaced in the Fire Department. The purchase would initially be for eight sets of gear and the ninth set would be purchased at a later date. Councilmember Searcy asked if the bunker gear was size specific. Fire Chief J.D. Armstrong explained that the bunker gear is ordered in a size that is specific to the individual; this was why they could not order the ninth set until the ninth individual is hired. Thereafter, the motion to adopt Resolution 2019-119 passed with all present voting aye. RESOLUTION 2019-120 — SUPPORTING LEGISLATION TO REPEAL STATE PREEMPTION ON LOCAL REGULATION OF SINGLE -USE PLASTIC BAGS & POLYSTYRENE MATERIALS A motion was made by Councilmember Searcy and seconded by Vice Mayor Mullinix to adopt Resolution 2019-120 entitled: Minutes of Village Council Meeting held October 24, 2019 Page 4 of 5 RESOLUTION 2019-120 — SUPPORTING LEGISLATION TO REPEAL STATE PREEMPTION ON LOCAL REGULATION OF SINGLE -USE PLASTIC BAGS & POLYSTYRENE MATERIALS continued A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ENCOURAGING THE STATE LEGISLATURE TO APPROVE SENATE BILL 182, AND ANY COMPANION HOUSE BILLS RELATING TO THE PREEMPTION OF RECYCLABLE AND POLYSTYRENE MATERIAL BY AMENDING SECTION 403.7033 AND SECTION 500.90, FLORIDA STATUTES, TO REPEAL THE PREEMPTION OF LOCAL LAWS REGARDING THE USE OR SALE OF SINGLE -USE PLASTIC BAGS AND POLYSTYRENE MATERIALS; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Rubin gave a history of the legislation regarding the regulations on recyclable and polystyrene materials. Local governments are currently preempted from taking any action against the use of or sale of single -use plastic bags and polystyrene materials. Senate Bill 182 would strike preemption provisions. Karen Marcus, 920 Evergreen Drive, thanked Council for passing the Resolution encouraging the State Legislature to approve Senate Bill 182. Thereafter, the motion to adopt Resolution 2019-120 passed with all present voting aye. RESOLUTION 2019-121 — INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY A motion was made by Vice Mayor Mullinix and seconded by Councilmember Searcy to adopt Resolution 2019-121 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR BUILDING PERMIT SERVICES WITHIN THE C-17 CANAL RIGHT-OF- WAY WEST OF PROSPERITY FARMS ROAD AND EAST OF ALTERNATE AIA AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained the purpose of the Interlocal Agreement. Mr. Rubin described the boundaries and the Village's corporate limits along the C-17 Canal west of Prosperity Farms Road and east of Alternate AIA. He explained that it was discovered that the Village could not issue permits for accessory structures such as docks, sea walls or boat lifts within the C-17 Canal Right of Way west of Prosperity Farms Road and east of Alternate AIA including, but not limited to, the upland area adjacent to the rear yards of properties located along Laurel Road because the area is located within unincorporated Palm Beach County. The Interlocal Agreement would grant the Village the authority to accept, process, and issue building permits for accessory structures in this area. Councilmember Searcy asked for clarification on the ownership structure of the properties. Mr. Rubin explained that the South Florida Water Management District has allowed the installation of docks on their portion of the properties. Thereafter, the motion to adopt Resolution 2019-121 passed with all present voting aye. Minutes of Village Council Meeting held October 24, 2019 Page 5 of 5 VILLAGE COUNCIL MATTERS/REPORTS Mayor Aubrey reminded Councilmembers that they have to complete their state -required Continuing Education in ethics course by December 31, 2019. Mayor Aubrey announced that the change in dress code to more formal attire for all Councilmembers would take effect November 1, 2019. Councilmember Searcy commended the Friends of the Library and the Library's staff for a successful celebration of the Library's 50th anniversary. Vice -Mayor Mullinix thanked the Friends of the Library and the Library's staff for a successful celebration of the Library's 50th anniversary. Vice -Mayor Mullinix requested a Letter of Commendation for Richard E. Cavanah. The Council came to consensus to have a Letter of Commendation presented to Richard E. Cavanah. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff announced that the Links 5K Run at the Country Club golf course would be taking place on Saturday, October 26, 2019 and that the event was maxed out at 320 participants. Mr. Huff stated that he was working with Country Club General Manager Beth Davis and Head Golf Professional Allan Bowman to ensure that there would be adequate parking at the Country Club for the event. Mr. Huff announced that the Fall Basketball Closing Ceremony would be taking place on November 7, 2019 at the Community Center and encouraged everyone to attend. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:06 p.m. f n rn c,J�,s`si a Green, MMC, illage Clerk