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04-14-2022 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, APRIL 14, 2022 501 U.S. HIGHWAY 1 7:00 PM Deborah Searcy David B. Norris Susan Bickel Darryl C. Aubrey Mark Mullinix Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/85645347519?pwd=V0VsQ2hyYm5oL1VsYzdhYVlSSHQrUT09 Meeting ID: 856 4534 7519 Passcode: 710072 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 856 4534 7519 Passcode: 710072 Regular Session Agenda, April 14, 2022 Page 2 of 4 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held March 24, 2022 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chamb ers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 2. 1ST READING OF ORDINANCE 2022-08 – GENERAL FUND BUDGET AMENDMENT FY 2022 CAPITAL LEASES Consider a motion to adopt on first reading Ordinance 2022-08 amending the adopted General Fund Budget for Fiscal Year 2022 to classify the total amount financed for Village vehicles as Capital Outlay and to transfer NET Income from the General Fund Unassigned Fund Balance to the Capital Improvement Plan Fund; and authorizing execution of the Amendments. 3. 1ST READING OF ORDINANCE 2022-09 – CODE AMENDMENT – RESIDENTIAL ZONING REGULATIONS Consider a motion to adopt on first reading Ordinance 2022-09 implementing the recommendations of the Ad Hoc Committee; amending Article V, “Stormwater Management,” of Chapter 21, “Planning And Development,” by amending Section 21-67, “Post Development Runoff Rates, Volumes And Pollutant Loads,” to impose specific requirements applicable to postdevelopment runoff and amending Section 21-70, “Water Quality,” to provide standards for construction site runoff; amending Article I, “In General,” And Article III, “District Regulations,” of Appendix C (Chapter 45) by Amending Section 45-2, “Definitions,” to define the terms average elevation and landscaped area and Section 45-27, “R-1 Single-Family Dwelling District,” to regulate the height of two-story structures, require a minimum landscaped area, and limit the width of driveways in swale areas; extending the Zoning In Progress relating to second-story floor area for an additional six months. 4. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2022-05 – CODE AMENDMENT – YEAR-ROUND IRRIGATION CONSERVATION MEASURES Consider a motion to adopt and enact on second reading Ordinance 2022-05 amending Chapter 19, "Offenses and Miscellaneous Regulations," of the Village Code of Ordinances by repealing Article IX, "Year-Round Irrigation Conservation Measures." 5. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2022-06 – CODE AMENDMENT – FIREFIGHTERS PENSION PLAN Consider a motion to adopt and enact on second reading Ordinance 2022-06 amending Division 4, "Pension and Certain Other Benefits for Fire and Police Employees," of Article V, "Pensions and Retirement Systems," of Chapter 2, "Administration," of the Village Code of Ordinances by Amending Section 2-159, "Creation of Trust and Definitions," Section 2-161, "Benefit Amounts," and Section 2-163, "Contributions," to modify the maximum cap on benefits and the employee contribution for Firefighter members. Regular Session Agenda, April 14, 2022 Page 3 of 4 6. PUBLIC HEARING 2ND READING OF ORDINANCE 2022-07 – CODE AMENDMENT – PARKING REGULATIONS FOR VICINITY OF LAKESIDE PARK Consider a motion to adopt and enact on second reading Ordinance 2022-07 amending Article III, "Stopping, Standing and Parking," of Chapter 18, "Motor Vehicles and Traffic," of the Village Code of Ordinances by amending Section 18-34.1, "Vehicle, Trailer or Boat Parking Prohibited Upon Paved or Unpaved Area of Road Right- Of-Way of Specific Roadways," to modify the parking regulations in the vicinity of Lakeside Park. CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 7. MOTION – Accepting the ranking by the Selection Committee for Stormwater Master Plan Modeling and Design Implementation Continuing Services Contract and authorizing Staff to commence negotiation of an Agreement with Hazen and Sawyer. 8. RESOLUTION – Approving a Contract with Hy-Byrd Incorporated to provide building inspection services at a total amount not to exceed $75,000; and authorizing execution of the Contract. 9. RESOLUTION – Approving a Blanket Purchase Order for the Public Works Department with GT Supplies, Inc. in the total amount of $50,000 for dumpster repairs. 10. RESOLUTION – Amending the Comprehensive Pay Plan adopted as part of the Fiscal Year 2022 Budget to eliminate two full-time Solid Waste Driver/Operator positions and add two full-time Solid Waste Collector positions within the Public Works Department. 11. RESOLUTION – Accepting proposals from Pantropic Power, Inc. for repairs to the Public Safety generator and rental of a standby generator in the amount of $35,497.50; and authorizing execution of the Contract. 12. Receive for file Minutes of the Planning Commission meeting held 2/1/22. 13. Receive for file Minutes of the Environmental Committee meeting held 2/7/22. 14. Receive for file Minutes of the Library Advisory Board meeting held 2/22/22. 15. Receive for file Minutes of the Planning Commission meeting held 3/1/22. 16. Receive for file Minutes of the Recreation Advisory Board meeting held 3/15/22. 17. Receive for file Minutes of the Library Advisory Board meeting held 3/22/22. 18. Receive for file Minutes of the Audit Committee meeting held 4/6/22. OTHER VILLAGE BUSINESS MATTERS 19. RESOLUTION – PBA COLLECTIVE BARGAINING AGREEMENT Consider a motion to adopt a resolution approving a Collective Bargaining Agreement between the Village and the Police Benevolent Association of Palm Beach County, Inc.; and authorizing execution of the Agreement. COUNCIL AND ADMINISTRATION MATTERS 20. MOTION – Designation of voting delegate and alternates for PBC League of Cities MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) Regular Session Agenda, April 14, 2022 Page 4 of 4 ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MARCH 24, 2022 Present: Darryl C. Aubrey, Sc.D., Mayor Deborah Searcy, Vice Mayor Mark Mullinix, President Pro Tem David B. Norris, Councilmember Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Aubrey called the meeting to order at 7:00 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Aubrey gave the invocation and Vice Mayor Searcy led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held March 10, 2022 were approved as written. RESOLUTION 2022-20 – ACCEPTING ELECTION RESULTS A motion was made by Councilmember Norris and seconded by Vice Mayor Searcy to adopt Resolution 2022-20 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING AND DECLARING THE RESULTS OF THE MARCH 8, 2022 GENERAL ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2022-20 passed unanimously. ADMINISTRATION OF COUNCILMEMBER OATHS Village Clerk Jessica Green administered the Oath of Office to re-elected councilmembers Deborah Searcy, Darryl C. Aubrey and Mark Mullinix . Said Oaths are attached to the official Minutes of Record. COUNCIL REORGANIZATION Mayor Aubrey opened the floor to nominations for the office of Mayor. Darryl Aubrey nominated Deborah Searcy for Mayor. With no other nominations for Mayor, Deborah Searcy was declared Mayor. Susan Bickel nominated David Norris for Vice Mayor. With no other nominations for Vice Mayor, David Norris was declared Vice Mayor. Draft Minutes of the Village Council Regular Session held March 24, 2022 Page 2 of 9 Deborah Searcy nominated Susan Bickel for President Pro Tem. With no other nominations for President Pro Tem, Susan Bickel was declared President Pro Tem. Thereafter, the names of Deborah Searcy, David Norris and Susan Bickel were entered into Resolution 2022-21. RESOLUTION 2022-21 – APPOINTING COUNCIL OFFICERS A motion was made by Councilmember Bickel and seconded by Councilmember Norris to adopt Resolution 2022-21 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING THE MAYOR, VICE MAYOR AND PRESIDENT PRO TEM FOR THE UPCOMING YEAR; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2022-21 passed unanimously. Village Clerk Jessica Green administered the Oath of Office to Mayor Searcy, Vice Mayor Norris, and President Pro Tem Bickel. Said Oaths are attached to the official Minutes of Record. STATEMENTS FROM THE PUBLIC Sabastian Hafer, 100 Lakeshore Drive, expressed concern and stated that he strongly opposed the proposed purchase of trash cans, benches and planters for the Earman River bridge. Mr. Hafer asked how agenda items were implemented and placed on the agenda for consideration. These residents addressed the Council with their concerns regarding the proposed 200 Yacht Club Drive Planned Unit Development: Chris Ryder, 118 Dory Road Bob Starkie, 36 Yacht Club Drive John Samadi, 512 Marlin Road, congratulated the newly elected Councilmembers and expressed concern regarding public comment policy and procedures at Council meetings. Cole Cauley, 414 Driftwood Road, congratulated the newly elected Councilmembers and stated that he was in support of President Pro Tem Bickel’s proposal for creating a Junior Council in the Village and requested Council’s support. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS ORDINANCE 2022-05 CODE AMENDMENT – YEAR-ROUND IRRIGATION CONSERVATION MEASURES A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2022-05 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 19, “OFFENSES AND MISCELLANEOUS REGULATIONS,” OF THE VILLAGE CODE OF ORDINANCES BY REPEALING ARTICLE IX, “WATER SHORTAGE EMERGENCIES,” AND ADOPTING A NEW ARTICLE IX, “YEAR-ROUND IRRIGATION CONSERVATION MEASURES;” PROVIDING FOR A PURPOSE AND FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONSERVATION REGULATIONS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT; PROVIDING FOR VARIANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Draft Minutes of the Village Council Regular Session held March 24, 2022 Page 3 of 9 ORDINANCE 2022-05 CODE AMENDMENT – YEAR-ROUND IRRIGATION CONSERVATION MEASURES continued Mr. Rubin explained that the Village had received several communications from the South Florida Water Management District requesting that the Village adopt the Year-Round Landscaping Irrigation Conservation Measures applicable within Palm Beach County. The restrictions were set forth in the Florida Administrative Code and technically already apply with in the Village. The adoption of an ordinance would provide a mechanism for enforcement. The regulations would prohibit landscape irrigation between the hours of 10 a.m. and 4 p.m. and restrict the use of landscaping irrigation to three (3) days per week based on property address. Mr. Rubin stated that the regulations gave exemptions for new landscaping and for the testing of landscaping irrigation systems. Mr. Rubin stated that he and Mr. Lukasik recommend delaying the effective date of enforcement by ninety (90) days in order to provide time to educate the public about the new ordinance and its requirements. John Samadi, 512 Marlin Road, expressed concerns regarding the penalties in the proposed ordinance. Mr. Rubin clarified that the ordinance would be enforced through Code Enforcement. Discussion ensued between Councilmembers and staff regarding how the irrigation code would be enforced. Thereafter, the motion to adopt on first reading Ordinance 2022-05 passed unanimously. ORDINANCE 2022-06 CODE AMENDMENT – FIREFIGHTERS PENSION PLAN A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to adopt on first reading Ordinance 2022-06 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 RETIREMENT SYSTEMS,” OF CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-159, “CREATION OF TRUST AND DEFINITIONS,” SECTION 2-161, “BENEFIT AMOUNTS,” AND SECTION 2-163, “CONTRIBUTIONS,” TO MODIFY THE MAXIMUM CAP ON BENEFITS AND THE EMPLOYEE CONTRIBUTION FOR FIREFIGHTER MEMBERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose of the ordinance. The ordinance would amend the current code to increase the cap on benefits received by employees in the Collective Bargaining Unit from seventy-five percent (75%) to eighty percent (80%) and also allowed for increased employee contributions from seven percent (7%) increasing by one-half percent over an incremented time frame beginning September 30, 2022 and ending September 30, 2024. Thereafter, the motion to adopt on first reading Ordinance 2022-06 passed unanimously. Draft Minutes of the Village Council Regular Session held March 24, 2022 Page 4 of 9 ORDINANCE 2022-07 CODE AMENDMENT – PARKING REGULATIONS FOR VICINITY OF LAKESIDE PARK A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to adopt on first reading Ordinance 2022-07 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, “STOPPING, STANDING AND PARKING,” OF CHAPTER 18, “MOTOR VEHICLES AND TRAFFIC,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-34.1, “VEHICLE, TRAILER OR BOAT PARKING PROHIBITED UPON PAVED OR UNPAVED AREA OF ROAD RIGHT-OF-WAY OF SPECIFIC ROADWAYS,” TO MODIFY THE PARKING REGULATIONS IN THE VICINITY OF LAKESIDE PARK; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained that the code amendment would extend restrictions to on-street parking within the vicinity of Lakeside Park to beyond weekends and holidays and would reduce the number of streets impacted and provide for exceptions for neighborhood residents and their guests through the use of a Village issued pass. John Samadi, 512 Marlin Road, expressed concerns regarding the proposed amendments to the on-street parking regulations in the vicinity of Lakeside Park. Mayor Searcy clarified that code was only addressing on-street parking and not non-resident or resident use or parking within Lakeside Park. Councilmember Mullinix clarified that his concerns regarded parking on residential property without the property owner’s permission. Vice Mayor Norris recommended that Mr. Rubin change the language in part (b) of the ordinance from “guest of a resident” to “guest of the adjacent property”. Thereafter, the motion to adopt on first reading Ordinance 2022-07 passed unanimously. Mr. Lukasik stated that he wanted to remove item 10 “Resolution amending Resolution No. 2020-64 to include additional engineering services for the installation of a fire hydrant for the Anchorage Park Marina Dry Storage Compound Renovation Project at additional cost of $8,500; and authorizing execution of all required documents” from the agenda. Mr. Lukasik explained that the item would not be heard since it was decided to perform the work in house. CONSENT AGENDA APPROVED Item 11 was removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, the Consent agenda, as amended was approved unanimously. The following items were approved: Receive for file Minutes of the Golf Advisory Board meeting held 2/21/22. Receive for file Minutes of the Audit Committee meeting held 3/7/22. Draft Minutes of the Village Council Regular Session held March 24, 2022 Page 5 of 9 RESOLUTION 2022-22 – SECOND AMENDMENT TO CONTRACT FOR MILLING, RESURFACING AND STRIPING OF VILLAGE ROADWAYS A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to adopt Resolution 2022-22 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO THE CONTRACT WITH J.W. CHEATHAM, LLC FOR MILLING, RESURFACING AND STRIPING OF VILLAGE ROADWAYS TO MODIFY THE SCOPE AND INCREASE THE COST; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. John Samadi, 512 Marlin Road, expressed concern regarding the final cost of t he milling, resurfacing and striping of roadways project versus the estimated cost or cost of the original contract. Councilmember Mullinix asked if the work on the milling, resurfacing and striping of roadways project had been completed. Assistant Public Works Director Chad Girard stated that the work had been completed. Mr. Girard explained that an extension of the work has been added to include Lighthouse Drive down to U.S. Highway 1. Councilmember Mullinix asked why the work was completed before staff received approval from Council since the cost was over the $25,000 threshold. Mr. Lukasik explained that the additional cost of $44,729.29 was for inclusion of extra milling and resurfacing that initially was inaccurately measured not just the additional scope of work. Discussion ensued between Mr. Lukasik and Councilmember Mullinix regarding the additional cost of the project and the reasons for completion of the project before receiving Council approval. Thereafter, the motion to adopt Resolution 2022-22 passed unanimously. RESOLUTION 2022-23 – ACCEPTANCE OF FY 2021 AUDIT REPORT A motion was made by Councilmember Aubrey and seconded by President Pro Tem Bickel to adopt Resolution 2022-23 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL REPORT PREPARED BY THE VILLAGE AUDITOR FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021 AND AUTHORIZING ITS FILING WITH THE STATE; AND PROVIDING FOR AN EFFECTIVE DATE. Terry Morton of Nowlen, Holt & Miner, reviewed the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2021. Chairman Tom Magill presented comments on behalf of the Audit Committee and thanked Mr. Morton and his staff as well as Finance Director Samia Janjua and her staff for routinely and consistently doing a great job with the Village’s finances. Thereafter, the motion to adopt Resolution 2022-23 passed unanimously. Draft Minutes of the Village Council Regular Session held March 24, 2022 Page 6 of 9 RESOLUTION 2022-24 – LOCALLY FUNDED AGREEMENT WITH FDOT A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt Resolution 2022-24 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A LOCALLY FUNDED AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR THE FUNDING AND MAINTENANCE OF CERTAIN IMPROVEMENTS RELATED TO THE REPLACEMENT OF THE U.S. HIGHWAY ONE BRIDGE OVER THE EARMAN RIVER AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained that the resolution would approve a Locally Funded Agreement with the State to provide funding in the amount of $128,475 to the Florida Department of Transportation for maintenance of certain improvements related to the replacement of the U.S. Highway One bridge over the Earman River and authorizing any additional Locally Funded Agreements. Mr. Lukasik reviewed and explained main components of the agreement which included the installation of a new stamped asphalt crosswalk at the intersection of US1 and Northlake Boulevard, installation of six (6) benches, two (2) litter receptacles and twenty (20) ir rigated planter pots, painting FDOT’s standard pedestrian railing black, purchase and installation of two aluminum light poles on the bridge, purchase and installation of electrical components necessary to illuminate Village logo signs and underwater lighting and amounts allocated for mobilization, maintenance of traffic and contingencies. Mr. Lukasik reviewed and discussed the project costs that were not associated with the agreement and the equipment that would be acquired and installed by the Village at an additional expense in the future. Deborah Cross, 2560 Pepperwood Circle S, expressed concern regarding who would be responsible for the maintenance of the planters and the amount of benches proposed for the bridge. Discussion ensued between Council, Chief Jenkins and Mr. Lukasik regarding concerns that were raised over the proposed improvements to the U.S. Highway One bridge over the Earman River. Thereafter, the motion to adopt Resolution 2022-24 passed unanimously. Mr. Lukasik began a discussion regarding the use of Fiscal Year 2021 NET Income. Mr. Lukasik explained that the Village’s General Fund ended the year with a net income amount of $2.2 million. Mr. Lukasik stated that staff was recommending that $2 million of the net income amount be used to address various equipment and capital needs. Mr. Lukasik reviewed and explained the list of recommended investments as prioritized by staff for the use of the Net Income. The list included the following:  Public Safety Uninterruptible Power Supply (UPS) System: $90,000  Cardiac Monitors and Power Stretchers: $240,000  Anchorage Park Playground: $125,000  Air Handlers/Chiller Replacement: $440,000  Work Order Software for Public Works: $100,000  Front Load Solid Waste Vehicle: $330,000  Lighthouse Traffic Calming/Bridge Design: $115,000  East Alleyway Resurfacing and Wall Replacement and/or Anchorage Park Dry Storage: $560,000 Draft Minutes of the Village Council Regular Session held March 24, 2022 Page 7 of 9 Mr. Lukasik explained that the recommended list of capital investments would expend most of the net income and that with the exception of the Work Order Software for Public Works and the Front End Loader, all projects were currently included in the Village’s Capital Improvement Plan. Mr. Lukasik stated that he gave the Audit Committee recommendations for other potential projects for funding which included:  Additional street resurfacing projects  Seawall replacement at Lakeside Park and Anchorage Park  Tennis Court Lighting and Fence Replacement: $350,000  Anchorage Park Path/Site Lighting $230,000  Fire Rescue Bathroom and Kitchen Remodel Councilmember Mullinix asked if the Sanitation Department could operate with just two (2) solid waste vehicles. Solid Waste Manager Mark Holloway explained that the new solid waste vehicle would be equipped with GPS tracking and tracking of every trash can in the Village. Mr. Holloway stated that two (2) trucks would take care of the Village but he planned to run three (3) trucks in the future to improve commercial sanitation service. Discussion ensued between Councilmembers and Mr. Holloway regarding the proposal of purchasing a new front loader for the sanitation department and how it would improve the Village’s sanitation services. Discussion continued amongst the Councilmembers and it was agreed that the recommendations for potential projects for funding would be considered and discussed in greater detail in the future. Mr. Lukasik began a discussion regarding the regulation of trailer parking with the Village. Mr. Lukasik stated that input and direction was needed from Council regarding proposed trailer regulations. Discussion ensued between Council regarding what types of trailers would be regulated, size restrictions, parking and screening requirements and if a grandfathering or exception procedure should be considered for trailers on residential property. Mr. Lukasik reviewed the list of policy questions for the regulation of trailer parking and Council answered the questions as follows:  Should trailers in the R1 or R2 districts be limited to the occupant of the property? Yes  Should open and enclosed trailers be parking in the side and rear yards only, using the same screening requirements as boats and recreational vehicles? Yes, subject to discussion on grandfathering.  Should a 5’ rear yard setback similar to boats and RV’s be required? Yes  Allow screening from the Right of Way to consist of an opaque, 6’ gate that cannot exceed 20’ in width? Yes  Size restrictions? Yes  Exclude any mechanical equipment from restrictions? Yes  Grandfathering and/or an exception procedure if they exceed the amount of equipment or exceed size limits? Yes Draft Minutes of the Village Council Regular Session held March 24, 2022 Page 8 of 9 Discussion continued between staff and Council regarding proposed regulations for trailer parking. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Searcy asked Council if they had any opposition to proclaiming the month of May as Asian American and Pacific Islander Heritage Month. There was no opposition from Council to proclaim the month of May as Asian American and Pacific Islander Heritage Month. Mayor Searcy stated and confirmed with Community Development Director Jeremy Hubsch that the Residential Ad Hoc Committee would be addressing the issue of permanent parking on swales and the request for allowing the installation of sheds. Mayor Searcy asked Council if they would be opposed to asking leaders of various houses of worship within the Village of North Palm Beach to come and give the invocation at Council meetings. Discussion ensued between Mr. Rubin and Council regarding the proposition of inviting leaders from houses of worship within the Village of North Palm Beach to come and give the invocation at Council meetings. It was agreed that there was not a set policy or code in place regarding invocations and leaders of worship from within the Village could be invited on specific dates to give invocations at Council meetings. Mayor Searcy asked Mr. Lukasik to give an update on the change to the zoning code regarding a one bedroom or no separate bedroom unit being counted as one-half of a dwelling unit. Mr. Rubin explained that since it would be a zoning text code amendment it was required to be brought before the Planning Commission. The proposed amendment had been advertised and was scheduled to go before the Planning Commission on April 4th and would be brought to Council afterward for consideration. President Pro Tem Bickel stated that it was her understanding that since the code amendment was going before the Planning Commission that no new applications could be submitted. Mr. Rubin stated that it was a zoning in progress and that no new applications could be submitted. Councilmember Aubrey announced that former Village Clerk Kitty Kelly’s memorial service would be held on April 2nd from 2 p.m. to 5 p.m. at the Taylor & Modeen Funeral Home in Jupiter. Discussion ensued regarding how to construct and implement a Junior Council for the Village. Mr. Lukasik stated that he would work with staff to come up with a strategy for a Junior Council. Vice Mayor Norris reviewed and discussed the prior concerns brought forward regarding the approval of the second amendment to the contract with J.W. Cheatham for the milling and resurfacing of Village roads. Vice Mayor Norris stated that there was a process and purchasing policy that all staff should be following and complying with. In cases of emergency purchases, a special meeting of the Council could be called. Draft Minutes of the Village Council Regular Session held March 24, 2022 Page 9 of 9 Mr. Lukasik agreed with Vice Mayor Norris’ comments, and stated that the work had already been done by the contractor and the contractor came back requesting a different amount for the work since their initial estimates were incorrect. Vice Mayor Norris stated that nothing could be done if the contractor completed the work before requesting the additional payment. Vice Mayor Norris recommended that a notation should be made regarding the incident when considering using that contractor for future services. Councilmember Mullinix stated that the Yacht Club North edition residents do not have a ship ’s wheel at the entrance to their neighborhood and have requested a ship’s wheel at the North Anchorage entry point. Vice Mayor Norris stated that some streets in the Village still had the green street signs instead of the Village of North Palm Beach street sign. VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik addressed the concerns residents have brought up regarding the proposed 200 Yacht Club Drive project and stated that there was nothing that was approved in the code that was not presented or discussed with Council at a Council meeting. Director of Leisure Services Zak Sherman gave an update on the events and activities scheduled for the Heritage Day Festival that would taking place on April 1st and 2nd. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:23 p.m. VILLAGE OF NORTH PALM BEACH FINANCE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Samia Janjua, Finance Director DATE: April 14, 2022 SUBJECT: ORDINANCE – 1st Reading – General Fund Budget Amendment for Approved Vehicle Financing Agreements and Use of Net Income Village staff is requesting Council consideration and approval of a budget amendment Ordinance for approved vehicle financing agreements and for the use of net income in the general fund for capital improvements. Vehicle Financing: Village Council has approved the following vehicle financing programs with Pinnacle Public Finance, Inc. in Fiscal Year 2022: Resolution Description Lease Term Total Financed Interest Rate Total Payments 2022-07 Schedule 6 5 years $482,712.07 1.74% $509,437.97 2022-13 Schedule 7 7 years 732,400.00 2.41% 822,334.77 Total $1,215,112.07 $1,331,772.74 The annual debt service for these capital leases is budgeted in the General Fund; however, the Village’s Auditor has advised that the total amount financed for capital leases should be shown in the Fiscal Year 2022 budget as “other financing sources/uses” and capital outlay for financial reporting purposes. (Note: this requirement is for the first year of the lease only): GASB “When a capital lease represents the acquisition or construction of a general capital asset, the acquisition or construction of that asset should be reflected as an expenditure and other financing source, consistent with the accounting and financial reporting for general obligation bonded debt.” There won’t be a net income effect but, because it increases the total General Fund Budget, a budget amendment ordinance is required: Budget Amendment: Fund Account Description Use Source General Fund A4200-09901 Capital Lease $1,215,113 General Fund A5540-66000 Capital Lease $1,215,113 Total $1,215,113 $1,215,113 Use of Fiscal Year 2021 Net Income: At its March 24th Regular Session, the Village Council discussed the use of the Fiscal Year 2021 net income for certain capital improvements. The following budget amendment transfers $2 million from the General Fund Unassigned Fund Balance to the Village’s Capital Improvement Plan (CIP) Fund. Note: This budget amendment transfers the funds to the Village’s CIP Fund only. Each project will be brought back to Council for discussion and approval prior to transferring these funds to the individual project accounts. Budget Amendment: General Fund: Account Description Use Source A4600-09100 Appropriated Fund Balance $2,000,000 A5540-49032 Transfer Out to Capital Projects Fund $2,000,000 Total $2,000,000 $2,000,000 Capital Projects Fund: Account Description Use Source K3900-09180 Transfer In from General Fund $2,000,000 K5541-66000 Reserve Expenses - Capital $2,000,000 Total $2,000,000 $2,000,000 The attached Ordinance has been prepared and reviewed for legal sufficiency by the Village Attorney. Recommendation: The Administration recommends Council consideration and approval on first reading of the attached Ordinance authorizing the Mayor and Village Clerk to execute the required budget amendments for approved vehicle financing agreements and the use of net income to fund capital improvements in accordance with Village policies and procedures. Page 1 of 2 ORDINANCE NO. 2022-____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND 4 BUDGET FOR FISCAL YEAR 2022 TO CLASSIFY THE TOTAL AMOUNT 5 FINANCED FOR VILLAGE VEHICLES AS CAPITAL OUTLAY AND TO 6 TRANSFER NET INCOME FROM THE GENERAL FUND UNASSIGNED FUND 7 BALANCE TO THE CAPITAL IMPROVEMENT PLAN FUND; PROVIDING FOR 8 CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, during Fiscal Year 2022, the Village Council approved two capital lease programs, one 12 Village-wide and the other for a fire rescue vehicle (fire truck); and 13 14 WHEREAS, while the Village has budgeted the annual debt services for these leases in the General 15 Fund, the Village Auditor has advised the Village that the total amount financed for capital leases should 16 be shown in the Fiscal Year 2020 budget as “other financing uses/sources” and capital outlay during the 17 first year for financial reporting purposes; and 18 19 WHEREAS, notwithstanding the lack of any net income effect, because this amendment increases the 20 total amount of the budget, this transfer must be accomplished by ordinance as required by Section 21 166.241, Florida Statutes; and 22 23 WHEREAS, the Village Council also wishes to amend the General Fund budget to transfer $2,000,000 24 in net income from the General Fund unassigned fund balance to the Village’s Capital Improvement 25 Plan Fund; and 26 27 WHEREAS, the Village Council determines that the adoption of these budget amendments is in the best 28 interests of the residents of the Village of North Palm Beach. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM 31 BEACH, FLORIDA as follows: 32 33 Section 1. The foregoing recitals are hereby ratified as true and correct and incorporated herein. 34 35 Section 2. In order to reclassify the total amount financed for capital leases, the Village Council 36 hereby amends the adopted Village of North Palm Beach General Fund budget for Fiscal Year 2022 as 37 follows: 38 39 Budget Amendment: 40 41 Fund Account Description Use Source General Fund A4200-09901 Capital Lease $1,215,113 General Fund A5540-66000 Capital Lease $1,215,113 Total $1,215,113 $1,215,113 42 Section 3. In order to transfer monies from the General Fund unassigned fund balance to the Capital 43 Improvements Plan Fund, the Village Council hereby amends the adopted Village of North Palm Beach 44 Fiscal Year 2022 budget as follows: 45 Page 2 of 2 General Fund: 1 2 Account Description Use Source A4600-09100 Appropriated Fund Balance $2,000,000 A5540-49032 Transfer Out to Capital Projects Fund $2,000,000 Total $2,000,000 $2,000,000 3 Capital Projects Fund: 4 5 Account Description Use Source K3900-09180 Transfer In from General Fund $2,000,000 K5541-66000 Reserve Expenses - Capital $2,000,000 Total $2,000,000 $2,000,000 6 Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the budget 7 amendments for and on behalf of the Village of North Palm Beach. 8 9 Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 10 reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 11 shall not affect the remainder of this Ordinance. 12 13 Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith 14 are hereby repealed to the extent of such conflict. 15 16 Section 7. This Ordinance shall be effective immediately upon adoption. 17 18 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 19 20 PLACED ON SECOND, FINAL READING AND PASSED THIS ________ DAY OF ___________, 21 2022. 22 23 24 (Village Seal) ______________________________ 25 MAYOR 26 ATTEST: 27 28 29 VILLAGE CLERK 30 31 APPROVED AS TO FORM AND 32 LEGAL SUFFICIENCY: 33 34 35 VILLAGE ATTORNEY 36 RESOLUTION 2022-13 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE ACQUISITION OF A SUTPHEN G9 BODY CUSTOM PUMPER FIRE APPARATUS FROM SOUTH FLORIDA EMERGENCY VEHICLES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL COOPERATIVE PURCHASING CONTRACT AND AUTHORIZING A SEVEN-YEAR LEASE PURCHASE AGREEMENT WITH PINNACLE PUBLIC FINANCE, INC.; APPROVING A PURCHASE AGREEMENT WITH SUTPHEN AND AUTHORIZING ITS EXECUTION; DECLARING AN EXISTING FIRE ENGINE AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fire Rescue Department recommended the lease -purchase of a Sutphen G9 Body Custom Pumper Fire Engine through Pinnacle Public Finance, Inc. to replace an existing 2002 Pierce Fire Engine; and WHEREAS, the Village's Purchasing Policies and Procedures authorize the use of current cooperative purchase contracts, and the Fire Engine will be acquired from Sutphen's local dealer, South Florida Emergency Vehicles, pursuant to pricing established in an existing Sourcewell Cooperative Purchasing Contract (Contract No. 022818 SUT); and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the acquisition of a Sutphen G9 Custom Body Fire Engine for South Florida Emergency Vehicles pursuant to pricing established in an existing Sourcewell Cooperative Purchasing Contract (Contract No. 022818 SUT) and the lease -purchase of the vehicle for a seven-year term through Pinnacle Public Finance, Inc. The total annual cost of the lease -purchase shall be $114,954.85 (at a total cost of $822,334.77 over the seven-year term), with funds expended from Account No. A8535-49158 (Debt Service — Vehicle Lease). The Village Council authorizes the Mayor and Village Clerk to execute the Purchase Agreement with Sutphen, a copy of which is attached hereto and incorporated herein by reference. The Village Council further authorizes the Village Manager to execute all required documents with Pinnacle Public Finance, Inc. to effectuate the lease -purchase transaction, subject to the review and approval of the Village Attorney. Section 3. Upon delivery, acceptance and placement into service of the new vehicle, the Village Council declares the following vehicle as surplus property and authorizes its disposal and trade-in in accordance with Village policies and procedures: Page 1 of 2 Unit No. Description VIN Engine Hours Engine 1 Shop #321 Pierce Enforcer 4P 1 CT02UX3A002851 7,655 Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 24TH DAY OF FEBRUARY, 2022. oRryA 619F RIbA aVVV\ AYOR ATTEST: GE CLERK Page 2 of 2 Michael J. Krahenbuhl, VP 02/28/2022 Village of North Palm Beach Village Manager’s Office TO: Chairman Magill and Audit Committee Members FROM: Andrew D. Lukasik, Village Manager DATE: March 4, 2022 SUBJECT: Recommendations for Deployment of FY2021 General Fund Net Income Funds As you know, Village staff is estimating that the FY2021 General Fund Net Income will be approximately $2.2m. Generally, this surplus would be rolled into the General Fund Unassigned Fund Balance. However, given that the Fund Balance amount is healthy, Village staff believes that it is prudent to invest the net income amount in needed capital improvements and equipment acquisition. Staff’s recommendation includes projects that have been in the CIP, can be implemented – or begin to be implemented -- within the next year and have funding shortfalls. Staff is requesting input from the Audit Committee before finalizing a recommendation to the Village Council. The following is a list of recommended investments as prioritized by staff for the use of $2m of the Net Income: Public Safety Uninterruptible Power Supply (UPS) System: $90,000 Currently, the replacement of the UPS System at the Public Safety Building is included in the Capital Improvement Plan (CIP) as part of a large-scale project that was developed to secure grant funding. Unfortunately, funding for the grant program is limited and the Village’s project didn’t receive any funding. No matching funds from the Village were included in the CIP for this equipment. Essentially, the UPS System is a battery backup power system that supplies power long enough for equipment to properly shut down when utility power fails. It prevents the loss of data and minimizes the stress a hard shutdown causes on electronic equipment. The UPS is also a surge protector that protects connected devices from power problems, like surges or abnormal voltages, which can damage, reduce lifespan, or affect performance of electronic equipment and devices. Although the Building is equipped with a generator, the UPS is important to protect equipment during power outages – especially during the arrival of a storm event. Cardiac Monitors and Power Stretchers: $240,000 Cardiac monitor/defibrillator are a major component in providing high quality emergency medical services. Technology advances require replacement every five (5) years. Four (4) of the Village’s cardiac monitors/defibrillators are scheduled to be replaced in FY2023. However, the Assistance to Firefighters Grant Program, which wasn’t funded, this year, was expected to fund the bulk of the expense. The CIP included a Village match amount of $40,000 to fund the $160,000 acquisition. If net income is used, the Village share in the CIP will be reprogrammed for other projects – in other words, we’ll redeploy it for other infrastructure needs over the next year or two. Additionally, Fire Rescue requires the replacement of two (2) power stretchers that will have reached the end of their useful life and will no longer be supported by the manufacturer by 2023. The power stretchers, and their associated loading systems, provide a safer method of loading and off-loading patients reducing both the possibility of dropping the patient or causing injury to the caregiver. The CIP included a Village match amount of $20,000 to fund the $80,000 acquisition. If net income is used, the Village share in the CIP will be reprogrammed for other projects. Anchorage Park Playground: $125,000 The playground at Anchorage Park is heavily used. It is reaching the end of its useful life (installed in 2009) and needs to be replaced with a more modern structure that will provide shade. $250,000 is currently budgeted ($125,000 from the General Fund and $125,000 from a LWCF grant). Increasing the Village’s contribution by $75,000, for a total match of $200,000, will allow the Village to get the maximum grant match of $200,000 for a total project cost of $400,000. An additional $50,000, however, will allow the Village to secure a playground with greater shade and amenities. This would take the use of net income to $125,000 for a total project cost of $450,000. Air Handlers/Chiller Replacement: $440,000 Three of the Village’s facilities (Village Hall, the Library and the Public Safety Building) are in critical need of investments in their air conditioning infrastructure. The Village Hall is in need of new air handlers (installation) and a chiller. The total project cost is $190,000. No Village funding is currently allocated for this work as grants were anticipated to fund the work. However, Village staff intends to pay for the air handler/air purification system using ARPA funding ($10,000). Net income in the amount of $180,000 would be used to purchase and install the new chiller and install the air handler. Please note that staff is recommending for using the ARPA funds for the purchase of the air handler/air purification system and NOT the installation of the equipment in order to facilitate the single audit process that will be required due to the use of federal funding. The Village intends to program ARPA funds for use on projects or equipment that are clearly eligible under Treasury’s guidance and avoid any instances of ambiguity. In saying this, and at the risk of creating some confusion, it should be noted that the US Treasury developed its final rule for the use of ARPA funding and it results in greater flexibility for the use of those funds. The final rule allows municipal jurisdictions to spend a standard amount, up to $10 million (the Village is receiving $6.5 million), within the revenue loss category—even if they did not actually experience a revenue loss. Municipalities have broad latitude to use their entire standard allocation to support local government services and avoid many of the other categories’ additional requirements. The purpose of this new assumption is most likely to eliminate the need for Treasury to review a flood of single audits. While the final rule creates flexibility in the use of the ARPA funding, staff is not suggesting deviating from the general policy guidelines that Council established for their use (water quality, air quality, software application for Community Development to allow electronic submittal and review of development and permit applications). Village staff is proposing to replace five (5) condensing units at the Library with the purchase of a new chiller along with replacement of the existing air handlers. The entire project is anticipated to cost $600,000. The CIP currently has $400,000 allocated for this project. The new system will replace the originally installed system (1968). At this time, we’re continuing to evaluate the design to determine the number of handlers needed. Because of the uncertainty related to the air handlers, staff is recommending allocating $200,000 of the net income amount towards this project. The Public Safety Building is in need of three (3) air handlers. The work is identified in the CIP, but has been anticipated to be funded solely by grants. Staff recommends allocating $60,000 from net income for the installation of the air handlers. In summary, staff is recommending the use of net income for the municipal facilities air handler/chiller replacement project be used for 1) the purchase and installation of a chiller and air handler at Village Hall in the amount of $180,000, 2) the purchase and installation of air handlers at the Library in the amount of $200,000 and 3) the installation of air handlers at the Public Safety Building in the amount of $60,000. Total use of net income for this project, then, is $440,000. Work Order Software for Public Works: $100,000 The Department of Public Works maintains a system of disconnected software systems that are used to track activities and inventory. These separate systems have made it difficult to manage data to fully understand workload and activities, supply and inventory use and control, and asset management. Additionally, these software components are not tied to the Village’s financial software. To improve record keeping and data gathering, it is recommended that Public Works secure a comprehensive work order software system. This proposed software acquisition is not included in the Village’s CIP. The redefined leadership positions in the Department have led to a new perspective regarding operational needs – the software was not previously identified as a needed work tool but has grown in importance as resource management, decision making and efforts to work efficiently are being hindered by the lack of data integration. Front Load Solid Waste Vehicle: $330,000 The Village’s Solid Waste Division operates three (3) front loaders to service commercial and multi-family accounts. Two trucks are used for daily operations with the third being used as a spare. Although not the Village’s past practice, those three trucks are being rotated in and out of service so that the spare doesn’t sit idle for long periods of time. One front load truck is set for replacement in 2023 due to consistent mechanical and electronic failures requiring frequent repairs. Currently, the time between ordering a vehicle and delivery is generally over one year. Staff is recommending that funding be dedicated for this purpose now in order to begin the process to acquire a new front load garbage truck. Lighthouse Traffic Calming/Bridge Design: $115,000 The Lighthouse Bridge was constructed in 1958 and needs to be reconstructed as its nearing the end of its useful life. Although it’s “health index” is good (at 92.8) it is functionally obsolete in that it does not adequately accommodate pedestrians and bicyclists and its weight bearing capacity is limited. Regarding the “health index”, a score between 80 – 90 is generally considered to be “fair” while a score that is less than 80 is considered “poor”. Design and engineering expenses are funded in the CIP in the amount of $100,000 in FY2022. Staff is recommending that the amount be increased by $115,000 (for a total of $215,000) to address preliminary engineering activities associated with the bridge as well as planning services associated with the introduction of traffic calming solutions on Lighthouse Drive. It should be noted that traffic calming on Lighthouse Drive was identified as a “High Priority” action item in the Citizens’ Master Plan. Additionally, members of the Village Council and Village staff receive many complaints about speeding on Lighthouse Drive (and other local streets). Evidence of these concerns from the public can be found on Nextdoor as a petition is currently being circulated requesting the installation of speed humps in order to reduce speeds on Lighthouse Drive. Additional funding for engineering services are included in FY2023. $250,000 has been programmed to fund additional engineering associated with the design of the bridge. East Alleyway Resurfacing and Wall Replacement and/or Anchorage Park Dry Storage: $560,000 These two projects have funding in the CIP but have been delayed and/or may experience shortfalls. Staff would recommend reserving the sum of $560,000 from net income to apply towards one or both of these projects. Staff would anticipate having the Village Council make a final policy decision once additional project information is available. East Alleyway: The Village will pursue the resurfacing and design/replacement of the walls in the alley east of US1. Funding is available in the CIP but has been delayed due to other obligations. Additionally, the funding is limited to $100,000 annually in fiscal years 2024, 2025 and 2026. If this project is determined to be a priority by the Village Council, it is anticipated that the additional funding from net income will be able to be combined with some operating and capital expenditure savings from FY2022. Delaying construction until the availability of additional funds at the beginning of the next fiscal year will allow staff time to secure feedback on wall designs from residents, Planning Commission and Council and coordinate planning and implementation of the work with residents adjacent to the alley (the project will touch several residents’ back yards – so communication regarding the scope and coordination of activities is more sensitive than many other projects). Staff proposes to complete milling and resurfacing of the alley and the wall replacement concurrently. The section that has deteriorated more than the others is between Yacht Club Drive and Anchorage Drive North – most likely due to problems with the underlying stormwater infrastructure system. It is recommended that the Village complete work on this section first. Dry Storage: This project does have funding in the CIP but costs, depending upon the materials selected and scope of work (fencing, storage lot surface, etc), could exceed the budgeted amount. There continue to be policy decisions to be made by the Village Council prior to finalizing the design. Those decisions could impact the budget. Staff is recommending including this as a project for possible funding from FY2021 net income due to the uncertainty regarding the project budget. Summary: The recommended list of capital investments identified above will expend most of the net income amount from FY 2021. With the exception of the Public Works Work Order Software Project and purchase of the Front End Loader, all projects are currently included in the Village’s CIP (copies of the CIP project sheets are attached for your information). Most of the projects were eligible for grant funding but those grants have been limited and have delayed implementation of these important investments. As it relates to the Alley and Dry Storage Projects, the funding will allow the Village Council flexibility to work on those projects based upon their priority. Other Potential Projects for Funding: Although the projects identified above represent staff recommendations, there are a number of other projects that are currently in the CIP that could be considered as well: • Additional street resurfacing projects: there are a number of streets that have been completed with more scheduled soon. There are other streets that require milling and resurfacing as well, but the CIP has funding from the infrastructure surtax proceeds for the next four years. It is possible, however, that infrastructure surtax funding will end early. o On November 8, 2016, Palm Beach County voters approved a ballot issue to levy a One-Cent Infrastructure Sales Surtax to pay for the acquisition or improvements to public infrastructure. Collections began on January 1, 2017 and will end on or before December 31, 2026. It will sunset if the proceeds exceed $2.7 billion on or before September 1 of any year. Based upon County reports, it is likely that collection of the surtax will end on December 31, 2025. • Seawall replacement: seawalls at Lakeside Park and Anchorage Park are in poor condition. o Lakeside Park would be able to be replace quickly as engineering plans have already been developed. The CIP anticipates a project in 2025 using grant funding for 50% of the anticipated $750,000 cost. o No engineering plans have been developed for Anchorage Park – and no decisions have been made with respect to a Village Council policy question related to the replacement of the existing docks with floating docks or boat lifts. Funding could be used to develop plans for the seawall ($137,000 is included in the CIP in FY2023). • Tennis Court Lighting and Fence Replacement ($350,000): may be some grant funding available in the future. • Anchorage Park Path/Site Lighting: a $230,000 project is anticipated in FY2023 with 80% of the funding from the Recreation Trails Program Grant. • Fire Rescue Bathroom and Kitchen Remodel: improvements are needed, but it is a lower priority ($90,000). VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Village Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Director of Community Development DATE: April 14, 2022 SUBJECT: ORDINANCE 1ST READING – Adoption of Code Changes Related to Single- Family Residential Development History At the March 2, 2021 Planning Commission meeting, staff gave a presentation regarding large homes that are being constructed in the Village and options available to address concerns being raised by residents, Planning Commission members, and the Village Council. Staff then gave a similar presentation to the Village Council at its April 8th meeting. The Council discussed possible strategies to develop and implement a revised residential Code, including a moratorium on tear- down and rebuilds or an expedited process to develop new Code provisions. Staff requested time to evaluate strategies in order to accomplish Council’s policy objectives. At a May 13, 2021 Village Council Workshop, Village staff shared some preliminary observations about the housing trends in the Village with the Council and discussed possible methods to address Council’s policy direction. Specifically, staff recommended establishing a “Zoning in Progress” (“ZIP") for the R-1 Zoning District that would continue to allow redevelopment of residential properties within certain parameters until amendments to the Code could be adopted. Staff also recommended the creation of an Ad-Hoc Committee of residents to evaluate permanent code changes during the ZIP. Staff then drafted a Zoning in Progress Ordinance and presented it to the Planning Commission on June 8, 2021. The Planning Commission unanimously recommended approval. The Ordinance was brought to Village Council on August 12, 2021. At that meeting, the Village Council tabled consideration of the ZIP Ordinance and opted to appoint members to the Ad-Hoc Committee at its August 26th meeting. The Council further requested that the Ad-Hoc Committee review the proposed ZIP and provide recommendations in October. The Ad-Hoc Committee met on September 20, 2021 to review the proposed ZIP. All members and alternates were in attendance, as were several residents. The Ad-Hoc Committee discussed the ZIP standards at length and generally agreed that the ZIP standards were a reasonable temporary solution. The committee voted 6-1 to recommend adoption of staff’s recommendations regarding minimum landscaped area and 2nd story floor area. Due to uncertainty about the proposed maximum building height of thirty feet, the Ad Hoc Committee opted to recommend increasing it to thirty-five feet for ridged roofs and thirty feet for flat roofs. Summary of Ad Hoc Committee and Planning Commission Meetings The Village Council adopted the ZIP by a vote of 3-2 at its October 28, 2021 meeting. The ZIP was approved for a period of six months, with potential for a further six-month extension. The ZIP allowed development to continue within the R-1 District, with three restrictions: 1. All new one-story homes are to have a thirty-five percent (35%) minimum landscaped area, all new two-story homes were to have a forty (40%) minimum landscaped area, and are to provide a landscaped area of fifty (50%) in the required front setback. Homes on collector roads (i.e., Lighthouse Drive and Prosperity Farms Road) have to provide a forty (40%) minimum landscaped area within the front setback and properties with irreg ular shaped lots (cul-de-sacs) have to provide a twenty-five (25%) minimum landscaped area within the front setback. 2. All homes are limited to thirty feet (30’) in height for flat roofs and thirty-five (35’) for all other roof types, including gable, hip, gambrel, and shed roofs. 3. The floor area of the second story of a single-family home is limited to seventy-five percent (75%) of the floor area of the first story. Since the adoption of the ZIP, the Ad Hoc Committee held public meetings on November 16, 2021, December 13, 2021, January 19, 2022, and March 22, 2022 to study various issues and evaluate permanent code recommendations for the R-1 Zoning District. Staff and the Ad Hoc Committee have agreed that there are code changes to evaluate beyond the three key issues in the ZIP and that more time is needed to evaluate permanent changes to the second-story massing issue. Staff and the Ad Hoc Committee are recommending to adopt code changes related to minimum landscaped area, building height, and stormwater management and to extend the ZIP an additional six months to further evaluate the second-story massing issue. While the second- story massing issue is evaluated, additional code changes will be considered based on feedback that has been brought up by residents, Committee members, and staff at the Ad Hoc Committee meetings. At its April 5, 2022 meeting, the Planning Commission unanimously recommended approval of the proposed revisions to the Village Code, with a minor revision to the drainage code. The Planning Commission members thought the draft changes were reasonable and agreed that there are many other code changes to evaluate while the second-story massing issue is further evaluated. Summary of Recommended Code Changes There are several recommended permanent changes to the R-1 Zoning District and Chapter 21 (Stormwater Management) based on feedback from the Ad Hoc Committee. The recommended changes are:  The minimum landscaped area for one-story homes is to be reduced from 35% to 30% to further incentivize one-story homes.  The maximum building height is being reduced from thirty-five feet (35’) for gable, hip, gambrel, and shed roofs to thirty feet (30’). The height will be measured from the average elevation prior to land alteration for properties outside the special flood hazard area and from the design flood elevation for properties inside the special flood hazard area. The height is measured to the mid-point of the roof for gable, hip, gambrel, or shed roofs.  The total width of driveways in the swale adjacent to a residential single-family lot is being limited to thirty-two (32) feet for lots under ninety (90) feet in width and forty (40) feet for lots over ninety (90) feet in width. There is currently no limitation on the width of driveways in the swale.  The code currently allows postdevelopment runoff to not exceed the current (or predevelopment) level of runoff, but does not restrict where the runoff can go. The draft Ordinance provides that any vested predevelopment runoff is required to be directed towards the swale and not adjacent properties or waterbodies.  The draft Ordinance requires that any runoff that exceeds predevelopment conditions shall be retained on site when a substantial improvement occurs. Substantial improvement is defined as any project where the cost equals fifty percent of the market value of the preconstruction value of a structure.  The Ordinance requires a conceptual grading and drainage plan if a property is being regraded during construction. The conceptual grading and drainage plan will indicate the existing and proposed site elevations and depict where drainage will go.  The Village can waive the need for a conceptual grading and drainage plan for minor projects (pergolas, paver replacement, etc.).  If the conceptual grading and drainage plan indicates that stormwater runoff may be increasing on a site and/or is being directed to adjacent properties, the Village can request engineering plans which indicate the postdevelopment runoff does not exceed predevelopment runoff and that all runoff is either retained on site or directed towards the swale.  There are procedures and requirements which will ensure that any required onsite storage will be maintained by the property owner in perpetuity. Recommendations: At its March 22, 2022 meeting, the Ad Hoc Committee voted 4-3 to make the building height thirty feet for all roof types. Two of the dissenting members wanted the height to be thirty-two feet and the other wanted it to be thirty-five feet. The members voted 6-1 to adopt the minimum landscape standards as drafted. The dissenting member felt the front yard restriction of 50% is too onerous. The members all supported the changes to the stormwater management code. At its April 4, 2022 Meeting, the Planning Commission recommended approval of the draft code changes by a vote of 6-0. Page 1 of 15 ORDINANCE NO. 2022-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, IMPLEMENTING THE 4 RECOMMENDATIONS OF THE AD HOC COMMITTEE; AMENDING 5 ARTICLE V, “STORMWATER MANAGEMENT,” OF CHAPTER 21, 6 “PLANNING AND DEVELOPMENT,” BY AMENDING SECTION 21-67, 7 “POST DEVELOPMENT RUNOFF RATES, VOLUMES AND POLLUTANT 8 LOADS,” TO IMPOSE SPECIFIC REQUIREMENTS APPLICABLE TO 9 POSTDEVELOPMENT RUNOFF AND AMENDING SECTION 21-70, 10 “WATER QUALITY,” TO PROVIDE STANDARDS FOR CONSTRUCTION 11 SITE RUNOFF; AMENDING ARTICLE I, “IN GENERAL,” AND ARTICLE III, 12 “DISTRICT REGULATIONS,” OF APPENDIX C (CHAPTER 45) BY 13 AMENDING SECTION 45-2, “DEFINITIONS,” TO DEFINE THE TERMS 14 AVERAGE ELEVATION AND LANDSCAPED AREA AND SECTION 45-27, 15 “R-1 SINGLE-FAMILY DWELLING DISTRICT,” TO REGULATE THE 16 HEIGHT OF TWO-STORY STRUCTURES, REQUIRE A MINIMUM 17 LANDSCAPED AREA, AND LIMIT THE WIDTH OF DRIVEWAYS IN 18 SWALE AREAS; EXTENDING THE ZONING IN PROGRESS RELATING TO 19 SECOND-STORY FLOOR AREA FOR AN ADDITIONAL SIX MONTHS; 20 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 21 PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; 22 AND FOR OTHER PURPOSES. 23 24 WHEREAS, through the adoption of Ordinance No. 20021-10, the Village Council enacted a 25 zoning in progress for the R-1 Single-Family Dwelling Zoning District subject to certain 26 parameters relating to the height of two-story homes, the massing of the second story and the 27 amount of required landscaped open space; and 28 29 WHEREAS, the Village Council created an Ad Hoc Committee to review and evaluate changes to 30 the Village’s residential zoning regulations during the pendency of the Zoning in Progress; and 31 32 WHEREAS, the Ad Committee has reviewed the regulations and recommended revisions to the 33 regulations governing height and landscaped open space within the R-1 Single-Family Dwelling 34 Zoning Districts, as well as additional revisions to the Village Code relating to stormwater 35 discharge and driveway widths; and 36 37 WHEREAS, the Village Council wishes to extend the Zoning in Progress for an additional six 38 months as it pertains the second-story floor area for single-family dwellings; and 39 40 WHEREAS, on April 5, 2022, the Planning Commission, sitting as the Local Planning Agency, 41 conducted a public hearing to review this Ordinance and provide a recommendation to the Village 42 Council; and 43 44 WHEREAS, having considered the recommendation of the Planning Commission and conducted 45 all required advertised public hearings, the Village Council determines that the adoption of this 46 Page 2 of 15 Ordinance is in the interests of the health, safety and welfare of the residents of the Village of 1 North Palm Beach. 2 3 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 4 OF NORTH PALM BEACH, FLORIDA as follows: 5 6 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 7 8 Section 2. The Village Council hereby amends Article V, “Stormwater Management,” of 9 Chapter 21, “Planning and Development,” to read as follows (additional language underlined and 10 deleted language stricken through): 11 12 ARTICLE V. STORMWATER MANAGEMENT 13 14 * * * 15 16 Sec. 21-67. Postdevelopment runoff rates, volumes and pollutant loads. 17 18 The developer/owner of any site shall be responsible for the on-site 19 management of stormwater runoff in a manner such that postdevelopment runoff 20 rates, volumes and pollutant loads do not exceed predevelopment conditions as per 21 chapters 40E-4, 40E-40 and/or 40E-41, Florida Administrative Code. Where the 22 construction involves a substantial improvement as defined in Section 21-70(a) 23 below, any offsite runoff allowed by the predevelopment conditions shall be 24 directed to the swale or a privately-owned local stormwater management system 25 for treatment. Any additional postdevelopment runoff created shall be retained on 26 site. No predevelopment or postdevelopment runoff shall be directed towards 27 adjacent properties, including waterbodies. 28 29 (a) A conceptual grading and drainage plan with existing and proposed 30 site elevations shall be provided if a property is being re-graded 31 before, during, or after construction. The Community Development 32 Director may waive the need for a conceptual grading and drainage 33 plan when only minimal grading will occur. To verify compliance 34 with this section, the Community Development Director or the 35 Building Official may require engineered plans demonstrating that 36 the postdevelopment runoff rates do not exceed predevelopment 37 conditions and that all runoff is either retained on site or directed 38 towards the swale or a privately-owned local stormwater 39 management system. 40 41 (b) When onsite storage is required, an as-built survey, signed and 42 sealed by a licensed Florida surveyor, documenting the construction 43 and required volume of the storage system, must be submitted to and 44 approved by the Building Official prior to permit closeout or the 45 issuance of a certificate of occupancy. For an under-ground system, 46 a notarized letter from the general contractor, along with as-built 47 Page 3 of 15 plans and construction photographs, will be sufficient to 1 demonstrate proper construction. 2 3 (c) Subsequent to the approval of the property owner’s final grading, 4 including on-site and/or stormwater storage, and closeout of the 5 applicable permit or issuance of a certificate of occupancy, the 6 improvements shall be maintained in perpetuity by the property 7 owner. 8 9 (d) In order to ensure compliance with the provisions of this section and 10 the requirements to maintain onsite stormwater improvements over 11 time, the village is authorized to conduct inspections of real 12 property, upon reasonable notice and at reasonable times, for the 13 purpose of inspecting said property and/or onsite storage 14 improvements for compliance with this section and with any 15 applicable conditions of previously issued permits. In addition to 16 any other remedies provided by law or by this code, upon 17 notification by the Community Development Director, the failure to 18 maintain the improvements will require restoration within a time 19 frame stipulated by the Director. If restoration is not timely 20 completed, the village shall have the right to complete the 21 restoration, and recover the actual costs incurred, including 22 administrative costs, from the then property owner and may file a 23 lien against the property for the amount of such costs if they remain 24 unpaid for thirty (30) days after the village’s demand for payment. 25 26 * * * 27 28 Sec. 21-70. Water quality. 29 30 (a) Definitions. 31 32 (1) Authorized official: Any employee of the village authorized 33 in writing by the director to administer or enforce the 34 provisions of this article. 35 36 (2) Director: The director of community development. 37 38 (3) Discharge: Any direct or indirect entry of any solid, liquid 39 or gaseous matter. 40 41 (4) Person: Any natural individual, corporation, partnership, 42 institution, or other entity. 43 44 (5) Site of industrial activity: Any area or facility used for 45 manufacturing, processing or raw materials storage, as 46 defined under 40 CFR Section 122.26(a)(14) of regulations 47 of the U.S. Environmental Protection Agency, as amended. 48 Page 4 of 15 1 (6) Stormwater: Any stormwater runoff, and surface runoff and 2 drainage. 3 4 (7) Stormwater system: The system of conveyances used for 5 collecting, storing, and transporting stormwater owned by 6 the village but not including any facilities intended to be 7 used in accordance with applicable law for collecting and 8 transporting sanitary or other wastewater. 9 10 (8) Substantial improvement: Any repair, reconstruction, 11 rehabilitation, addition, or other improvement of a building 12 or structure, the cost of which equals or exceeds fifty (50) 13 percent of the market value of the building or structure 14 before the improvement or repair is started. 15 16 (b) Water quality. In order to minimize the degradation of water quality 17 in receiving bodies, all development will be provided with 18 landscaped areas, grassed areas or other natural vegetated areas to 19 receive runoff from buildings, pavement or other impervious areas 20 to the degree that pollutants from these areas may be absorbed by 21 the vegetation or percolated into the soil. No runoff from such 22 impervious areas shall be discharged directly into any inlet or storm 23 sewer without first being given the opportunity to pass through a 24 natural vegetated area. All potential areas of soil erosion shall be 25 protected to minimize siltation transport by flowing water. 26 27 (c) [Construction site runoff.] To protect and preserve water quality, 28 Best Management Practices (BMPs) for construction site runoff, as 29 contained in Chapter 4.0 of the Palm Beach County, 208 Areawide 30 Waste Treatment Management Plan, shall be employed. During 31 construction projects involving a substantial improvement, or for 32 parcels five acres or larger, or when deemed necessary by the 33 Community Development Director, projects shall provide a 34 stormwater pollution prevention plan or an equivalent document. 35 The stormwater pollution prevention plan shall include the 36 installation of erosion and sediment controls, including a silt fence 37 and crushed rock to stabilize areas used for mobilization. The 38 construction site operator is required to take corrective action as 39 needed and conduct inspections of the stormwater pollution controls 40 every seven (7) days or when one-half inch (0.5”) or greater of 41 rainfall occurs within a twenty-four (24) hour period. All controls 42 shall be consistent with the performance standards for erosion and 43 sediment control contained in the Erosion and Sediment Control 44 Designer and Reviewer Manual prepared by the Florida Department 45 of Transportation and the Florida Department of Environmental 46 Protection. 47 48 Page 5 of 15 1 (d) Industrial activity. 2 3 (1) General provisions. Any discharge into the stormwater 4 system in violation of any federal, state, county, municipal 5 or other law, rule, regulation or permit is prohibited. 6 7 (2) Specific prohibitions. By adoption of industrial activity 8 stormwater regulations or by issuance of industrial activity 9 stormwater permits, or both, the director may impose 10 reasonable limitations as to the quality of stormwater 11 (including without limitation the designation of maximum 12 levels of pollutants) discharged into the stormwater system 13 from sites of industrial activity. Any promulgation of such 14 regulations and issuance of permits by the director shall be 15 in accordance with applicable law. 16 17 (3) Administrative orders. The director may issue an order to 18 any person to immediately cease any discharge determined 19 by the director to be in violation of any provision of this 20 section, or in violation of any regulation or permit issued 21 hereunder. 22 23 (4) NPDES permits. Any person who holds a National Pollutant 24 Discharge Elimination System (NPDES) permit shall 25 provide a copy of such permit to the director no later than 26 the later of: sixty (60) calendar days after the effective date 27 of Ordinance No. 8-93 or sixty (60) calendar days after 28 issuance. 29 30 (e) Illicit discharges. 31 32 (1) General prohibitions. Except as set forth in section 21-33 70(e)(3) or as in accordance with a valid NPDES permit, any 34 discharge to the stormwater system that is not composed 35 entirely of stormwater is prohibited. 36 37 (2) Specific prohibitions. Any discharge to the stormwater 38 system containing any sewage, industrial waste or other 39 waste materials, or containing any materials in violation of 40 federal, state, county, municipal, or other laws, rules, 41 regulations, orders or permits, is prohibited. 42 43 (3) Authorized exceptions. Unless the director determines that it 44 is not properly managed or otherwise is not acceptable, the 45 following discharges are exempt from the general 46 prohibition set forth under section 21-70(e)(1): flows from 47 firefighting, water line flushing and other contributions from 48 Page 6 of 15 potable water sources, landscape irrigation and lawn 1 watering, irrigation water, diverted stream flows, rising 2 groundwaters, direct infiltration to the stormwater system, 3 uncontaminated pumped groundwater, foundation and 4 footing drains, water from crawl space pumps, air 5 conditioning condensation, springs, individual residential 6 car washings, flows from riparian habitats and wetlands, and 7 de-chlorinated swimming pool contributions. 8 9 (4) Illicit connections. No person may maintain, use or establish 10 any direct or indirect connection to the stormwater system 11 that results in any discharge in violation of this section. This 12 prohibition is retroactive and applies to connections made in 13 the past, regardless of whether made under a permit, or other 14 authorization, or whether permissible under laws or practices 15 applicable or prevailing at the time the connection was made. 16 17 (5) Administrative order. The director may issue an order to any 18 person to immediately cease any discharge, or any 19 connection to the stormwater system, determined by the 20 director to be in violation of any provision of this section, or 21 in violation of any regulation or permit issued hereunder. 22 23 (f) Spills and dumping. 24 25 (1) General prohibitions. Except as set forth under section 21-26 70(e)(3) or as in accordance with a valid NPDES permit, any 27 discharge to the stormwater system that is not composed 28 entirely of stormwater is prohibited. 29 30 (2) Specific prohibitions. Any discharge to the stormwater 31 system containing any sewage, industrial waste or other 32 waste materials, or containing any materials in violation of 33 federal, state, county, municipal, or other laws, rules, 34 regulations, orders or permits, is prohibited. 35 36 (3) Notification of spills. As soon as any person has knowledge 37 of any discharge to the stormwater system in violation of this 38 section, such person shall immediately notify the director by 39 telephone or other direct means and if such person is directly 40 or indirectly responsible for such discharge, then such 41 person shall also take immediate action to ensure the 42 containment and clean up of such discharge and shall 43 confirm such telephone notification in writing to the director 44 within three (3) calendar days. 45 46 (4) Administrative order. The director may issue an order to any 47 person to immediately cease any discharge, or connection to 48 Page 7 of 15 the stormwater system, determined by the director to be in 1 violation of any provision of this section, or in violation of 2 any regulation or permit issued hereunder. 3 (g) Enforcement. 4 5 (1) Injunctive relief. Any violation of any provision of this 6 section, or of any regulation or order issued hereunder, shall 7 be subject to injunctive relief if necessary to protect the 8 public health, safety or general welfare. 9 10 (2) Continuing violation. A person shall be deemed guilty of a 11 separate violation for each and every day during any 12 continuing violation of any provision of this section, or of 13 any regulation or permit issued hereunder. 14 15 (3) Enforcement actions. The director may take all actions 16 necessary, including the issuance of notices of violation and 17 the filing of court actions, and/or request enforcement by the 18 village code enforcement board to require and enforce 19 compliance with the provisions of this section and with any 20 regulation or permit issued hereunder. 21 22 (h) Inspections and monitoring. 23 24 (1) Authority for inspections. Whenever necessary to make an 25 inspection to enforce any of the provisions of this section, or 26 regulation or permit issued hereunder, or whenever an 27 authorized official has reasonable cause to believe there 28 exists any condition constituting a violation of any of the 29 provisions of this section, or regulation or permit issued 30 hereunder, any authorized official may enter any property, 31 building or facility at any reasonable time to inspect the same 32 or to perform any duty related to enforcement of the 33 provisions of this section or any regulations or permits 34 issued hereunder; provided that (a) if such property, building 35 or facility is occupied, such authorized official shall first 36 present proper credentials and request permission to enter, 37 and (b) if such property, building or facility is unoccupied, 38 such authorized official shall make a reasonable effort to 39 locate the owner or other person having charge or control of 40 the property, building or facility, and shall request 41 permission to enter. Any request for permission to enter 42 made hereunder shall state that the owner or person in 43 control has the right to refuse entry, and that in such event is 44 refused, the authorized official may enter to make inspection 45 only upon issuance of a search warrant by a duly authorized 46 magistrate. If the owner or person in control refuses 47 permission to enter after such request has been made, the 48 Page 8 of 15 authorized official is hereby authorized to seek assistance 1 from any court of competent jurisdiction in obtaining entry. 2 Routine or area-wide inspections shall be based upon such 3 reasonable selection processes as may be necessary to carry 4 out the purposes of this section, including but not limited to 5 random sampling and sampling in areas with evidence of 6 stormwater contamination, non-stormwater discharges, or 7 similar factors. 8 9 (2) Authority for monitoring and sampling. Any authorized 10 official may establish on any property such devices as are 11 necessary to conduct sampling or metering of discharges of 12 the stormwater system. During any inspections made to 13 enforce the provisions of this section, or regulations or 14 permits issued hereunder, any authorized official may take 15 any samples deemed necessary. 16 17 (3) Requirements for monitoring. The director may require any 18 person engaging in any activity or owning any property, 19 building or facility (including but not limited to a site of 20 industrial activity) to undertake such reasonable monitoring 21 of any discharge(s) to the stormwater system and to furnish 22 periodic reports. 23 24 Section 2. The Village Council hereby amends Article I, “In General,” of Appendix C 25 (Chapter 45), “Zoning of the Village Code of Ordinances by amending Section 45-2, 26 “Definitions,” to read as follows (additional language is underlined): 27 28 Sec. 45-2. Definitions. 29 30 For the purpose of this Code, certain words and terms are defined as follows: 31 32 * * * 33 Average elevation shall be used to calculate the maximum allowable height 34 of single-family dwellings within the R-1 Zoning District that are not located within 35 a special flood hazard area. The average elevation is an average of the existing 36 elevation of the buildable area of a lot prior to any land alteration The average 37 elevation shall be calculated by the mathematical average of elevation points 38 dispersed at approximately ten-foot equidistant intervals across the buildable area 39 of a parcel. Where required, the average el evation survey shall be submitted with 40 construction plans, and the calculated average elevation shall be depicted on all 41 exterior elevation sheets of the construction plans. 42 43 * * * 44 45 Landscaped area means a pervious landscaped area unencumbered by 46 structures, buildings, paved parking lots, sidewalks, pools, decks, or any 47 impervious surface. Landscape material shall include, but not be limited to, grass, 48 Page 9 of 15 ground covers, bushes, shrubs, hedges or similar plantings, or decorative rock or 1 bark. 2 3 * * * 4 5 Section 3. The Village Council hereby amends Article III, “District Regulations,” of 6 Appendix C (Chapter 45), “Zoning,” of the Village Code of Ordinances by amending Section 45-7 27, “R-1 Single-Family District,” to read as follows (additional language is underlined and deleted 8 language is stricken through): 9 10 Sec. 45-27. R-1 single-family dwelling district. 11 12 A. Uses permitted. Within any R-1 single-family dwelling district no 13 building, structure, land or water shall be used except for one (1) or 14 more of the following uses: 15 16 1. Single-family dwellings with accessory buildings 17 customarily incident thereto, subject to each of the 18 requirements set forth in this section and throughout this 19 chapter. 20 21 2. Public schools. 22 23 3. Parks and recreation facilities owned or leased by or 24 operated under the supervision of the Village of North Palm 25 Beach. 26 27 4. Detached fence storage areas. 28 29 5. Satellite dish antenna. 30 31 6. Community residential homes. Community residential 32 homes of six (6) or fewer residents which otherwise meet the 33 definition of a community residential home, provided that 34 such homes shall not be located within a radius of one 35 thousand (1,000) feet of another existing such home with six 36 (6) or fewer residents. 37 38 7. Family day care home. 39 40 8. Lamp post. 41 42 9. Decorative post structure. 43 44 B. Building height regulations. No main building shall exceed two (2) 45 stories in height and no accessory building more than one (1) story. 46 All single-family dwellings shall be limited to two (2) stories and 47 thirty feet (30’) in height. For the purposes of this subsection, height 48 Page 10 of 15 shall be measured from the average elevation of the existing grade 1 prior to land alteration for properties outside of special flood hazard 2 areas and from the required design flood elevation for properties 3 within special flood hazard areas. Height shall be measured to the 4 highest point of the following: 5 6 1. the coping of a flat roof and the deck lines on a mansard roof; 7 8 2. the average height level between the eaves and roof ridges 9 or peak for gable, hip or gambrel roofs; or 10 11 3. the average height between high and low points for a shed 12 roof. 13 14 Decorative architectural elements, chimneys, mechanical 15 equipment, non-habitable cupolas, elevator shafts or similar 16 appurtenances shall be excluded from the foregoing height 17 restrictions. Rooftops shall not be used for pools, decks, or other 18 spaces to congregate. 19 20 C. Building site area regulations. The minimum lot or building site 21 area for each single-family dwelling shall be seven thousand five 22 hundred (7,500) square feet and have a width of not less than 23 seventy-five (75) feet, measured at the building line. 24 25 D. Yard space regulations. 26 27 1. Front yard. There shall be a front yard of not less than 28 twenty-five (25) feet measured from the street line to the 29 front building line. 30 31 2. Rear yard. There shall be a rear yard of not less than twenty 32 (20) feet measured from the rear building line to the rear lot 33 line. 34 35 3. Side yards. There shall be a side yard on each side of the side 36 building line of not less than ten (10) feet. In the case of 37 corner lots, no building and no addition to any building shall 38 be erected or placed nearer than twenty (20) feet to the side 39 street line of any such lot. 40 41 (a) For a distance of one block on streets intersecting 42 U.S. #1, measured from the right-of-way line of said 43 U.S. #1, side yards of at least twenty-five (25) feet in 44 depth shall be provided. 45 46 E. Off street parking regulations. At least one parking space measuring 47 at least nine (9) feet by eighteen (18) feet (one hundred sixty-two (162) 48 Page 11 of 15 square feet) shall be provided. All parking spaces shall consist of a durable 1 surfaced area as approved by the community development director, and may 2 be enclosed in the dwelling, in an accessory building or in an unenclosed 3 area or a driveway. All vehicles parking on a lot must be parked on a durable 4 surface. 5 6 F. Accessory structures. One detached automobile garage and one 7 open-air pavilion may be constructed on any lot within the R-1 single-8 family dwelling district provided that all requirements of this chapter are 9 met. Open air pavilions shall be subject to the following additional 10 conditions and restrictions: 11 12 1. Permitting. 13 14 (a) All open-air pavilions must be permitted in 15 accordance with all Florida Building Code and 16 Village Code requirements. 17 18 (b) Open-air pavilions meeting the definition of a 19 traditional chickee hut are exempt from the Florida 20 Building Code but shall be subject to consistency 21 review by the village. Consistency shall be 22 demonstrated through the issuance of a zoning 23 permit and shall require the submittal of the 24 following information: 25 26 (1) A survey that includes scaled dimensions of 27 the proposed structure, including setbacks; 28 29 (2) Proof that the builder of the chickee hut is a 30 member of either the Miccosukee Tribe of 31 Indians of Florida or the Seminole Tribe of 32 Florida (such proof consisting of a copy of 33 the trial member's identification card); and 34 35 (3) Drawings of the proposed structure 36 depicting, at a minimum, the overall design, 37 dimensions, roof materials, and height. 38 39 2. Dimensions. Open-air pavilions shall not exceed two 40 hundred (200) square feet in floor area. The floor area shall 41 be measured from outside the support posts, provided that 42 the roof overhang does not exceed three (3) feet from the 43 support posts. If the roof overhang exceeds three (3) feet, the 44 floor area shall consist of the entire roofed area. For 45 structures supported by a single-pole, i.e., umbrella shape, 46 the floor area shall be measured from the drip line of the roof 47 material. 48 Page 12 of 15 1 3. Height. Open-air pavilions shall not exceed twelve (12) feet 2 in height or the height of the principal building located on 3 the lot, whichever is more restrictive. For sloped roofs, the 4 height shall be measured at the mean roof height. 5 6 4. Location and Setbacks. 7 8 (a) No open-air pavilion may be erected within ten (10) 9 feet of the side property line. This side setback shall 10 be increased to twenty (20) feet for corner lots. 11 12 (b) No open-air pavilion may be erected within seven 13 and one-half (7½) feet of the rear property line. 14 15 (c) No open-air pavilion or any portion thereof may be 16 erected between the front line of the principal 17 building and the front property lot line, within a 18 utility or drainage easement, or within a required 19 landscape buffer. 20 21 5. Use restrictions. 22 23 (a) An open-air pavilion shall be used only for private 24 recreational activities as an accessory use to the 25 principal residential use and shall not be used for 26 habitation, for a tool room, storage room or 27 workshop, or for any commercial purpose 28 whatsoever. 29 30 (b) Open-air pavilions shall not be used for storage of 31 items of personal property, including, but not limited 32 to, the following: 33 34 (1) Operable or inoperable vehicles, boats, boat 35 trailers, utility trailers or similar items of 36 personal property; 37 38 (2) Building materials, lawn equipment, tools or 39 similar items; and 40 41 (3) Ice boxes, refrigerators and other types of 42 food storage facilities with the exception of 43 under-counter units. 44 45 (c) No gas, charcoal or propane grills, stoves or other 46 types of cooking devices may be stored or utilized 47 within a traditional chickee hut. 48 Page 13 of 15 1 6. Maintenance. Open-air pavilions shall be maintained in 2 good repair and in sound structural condition. Painted or 3 stained surfaces shall be free of peeling paint, mold and 4 mildew and void of any evidence of deterioration. 5 6 7. Design. 7 8 (a) Open-air pavilions, with the exception of traditional 9 chickee huts, pergolas and other structures with only 10 partial or slatted roofs, shall incorporate the same 11 types of building materials and be consistent with the 12 architectural theme or style of the main or principal 13 building. 14 15 (b) At the request of a property owner, the community 16 development director may approve the use of 17 different building materials or alternate architectural 18 themes or styles when such materials, themes or 19 styles are complementary to the main or principal 20 building. 21 22 (c) Should the community development director deny 23 the request for different building materials or 24 alternate architectural themes or styles, a property 25 owner may appeal this decision to the planning 26 commission by submitting a written request for a 27 hearing to the community development director 28 within thirty (30) calendar days of the date of the 29 determination. The appeal shall be placed on the next 30 available agenda and the decision of the planning 31 commission shall be final, subject only to judicial 32 review by writ of certiorari. 33 34 G. Mechanical equipment. All non-roof-mounted mechanical 35 equipment shall be located behind the front building face of the 36 principal structure in either the side yard or the rear yard. Such 37 equipment shall be located adjacent to the principal structure 38 whenever practicable, provided, however, that all mechanical 39 equipment shall be located at least five (5) feet from the side 40 property line and at least seven and one-half feet (7½) from the rear 41 property line. 42 43 H. Minimum landscaped area. 44 45 1. All one-story single-family dwellings shall have a minimum 46 landscaped area of thirty percent (30%). 47 48 Page 14 of 15 2. All two-story single-family dwellings shall have a minimum 1 landscaped area of forty percent (40%). 2 3 3. All single-family dwellings (both one and two story) shall 4 provide a minimum landscaped area of fifty percent (50%) 5 in the required twenty-five-foot (25’) front yard setback. 6 Properties with frontage along collector roads (e.g., 7 Lighthouse Drive and Prosperity Farms Road) shall provide 8 a minimum landscaped area of forty percent (40%) in the 9 required twenty-five-foot (25’) front yard setback. 10 Properties having an irregular lot shape, meaning a lot which 11 is not close to rectangular or square and in which the width 12 of the property at the front property line is less than required 13 by the underlying zoning district, shall provide a minimum 14 landscaped area of twenty-five percent (25%) in the required 15 twenty-five-foot (25’) front yard setback. 16 17 For the purposes of this subsection, the term minimum landscaped 18 area shall mean a pervious landscaped area unencumbered by 19 structures, buildings, paved parking lots, sidewalks, sports courts, 20 pools, decks, or any impervious surface. Landscape material shall 21 include, but not be limited to, grass, ground covers, bushes, shrubs, 22 hedges or similar plantings, or decorative rock or bark. No landscape 23 material shall be used for parking. However, pervious surfaces used 24 for the parking of recreational equipment in side and rear yards shall 25 be included in the calculation of the minimum landscaped area. 26 27 With respect to building permits for renovations of existing single-28 family dwellings, the minimum landscaped area standards shall 29 apply only to the extent that the proposed scope of work impacts the 30 applicable standard. 31 32 I. Maximum driveway width in swale. The total width of driveways 33 from the edge of the public roadway to the abutting privately-owned 34 property shall not exceed a total of thirty-two feet (32’) in width at 35 the property line, excluding flares. For lots with ninety (90) or more 36 feet of public roadway frontage, the total width of driveways from 37 the edge of the public roadway to the abutting privately-owned 38 private shall not exceed a total of forty feet (40’) in width at the 39 property line, excluding flares. Each side of a flared driveway shall 40 be no more than three feet (3’) wider than the rest of the driveway. 41 42 Section 4. The Zoning in Progress with respect to Section 2(C) of Ordinance No. 2021-10 43 (“Second-story floor area”) shall remain in effect for an additional six (6) months from the 44 effective date of this Ordinance. Property owners may still request a waiver pursuant to Section 45 2(D) of Ordinance 2021-10. During this time, the Ad Hoc Committee shall continue its review of 46 this provision and other potential revisions to the Village’s residential zoning regulations. 47 48 Page 15 of 15 Section 5. The provisions of this Ordinance shall become and be made a part of the Code of 1 the Village of North Palm Beach, Florida. 2 3 Section 6. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 4 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 5 such holding shall not affect the remainder of this Ordinance. 6 7 Section 7. All ordinances or parts of ordinances and resolutions or parts of resolutions in 8 conflict herewith are hereby repealed to the extent of such conflict. 9 10 Section 8. This Ordinance shall take effect immediately upon adoption. 11 12 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 13 14 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 15 2022. 16 17 18 (Village Seal) 19 MAYOR 20 21 22 ATTEST: 23 24 25 VILLAGE CLERK 26 27 28 APPROVED AS TO FORM AND 29 LEGAL SUFFICIENCY: 30 31 32 VILLAGE ATTORNEY 33 34 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: April 14, 2022 SUBJECT: ORDINANCE 2nd Reading – Adoption of Year-Round Irrigation Conservation Measures The Village has received multiple correspondences from the South Florida Water Management District (“SFWMD”) requesting that the Village formally adopt the Year-Round Landscaping Irrigation Conservation Measures applicable within Palm Beach County. These restrictions are set forth in Chapter 40E-24, Florida Administrative Code, and technically already apply within the Village. Adoption of an Ordinance provides a mechanism for enforcement. The attached Ordinance amends Chapter 19 of the Village Code of Ordinances by repealing the existing non-compliant regulations set forth in Article IX and adopting a new Article IX, “Mandatory Year-Round Irrigation Conservation Measures,” based on SFMD’s model ordinance. These regulations prohibit landscape irrigation between the hours of 10:00 a.m. and 4:00 p.m. and restrict the use of landscaping irrigation to three days per week based on the property address. Properties with even addresses (including rights-of-way, locations without an address and locations with both even and odd numbered addresses) may irrigate their landscaping on Tuesday, Thursday and Sunday. Properties with odd numbered addresses may irrigate their landscaping on Monday, Wednesday and Saturday. The regulations also contain exemptions for new landscaping and for the testing of landscaping irrigation systems and require the use of rain/moisture sensors for all new irrigation systems as required by Section 373.62, Florida Statutes. These restrictions are not applicable to the use of reclaimed water, saltwater and low-volume methods of irrigation, such as hand-watering and micro-irrigation. They are also not applicable to athletic play areas, including the Country Club Golf Course, or to irrigation at agricultural or nursery operations. The South Florida Water Management District has reviewed the draft Ordinance and had no comments or suggested revisions. The attached Ordinance has been prepared and reviewed for legal sufficiency by this office. There is no fiscal impact. At its March 24, 2022 meeting, the Village Council adopted the Ordinance on first reading without modification; however, as discussed with the Council, the effective date has been pushed back ninety (90) days in order to allow sufficient time for public outreach/education. Recommendation: Village Staff requests Council consideration and approval on second and final reading of the attached Ordinance adopting the South Florida Water Management District’s Mandatory Year - Round Irrigation Conservation Measures in accordance with Village policies and procedures. Page 1 of 6 ORDINANCE NO. _____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 19, “OFFENSES 4 AND MISCELLANEOUS REGULATIONS,” OF THE VILLAGE CODE OF 5 ORDINANCES BY REPEALING ARTICLE IX, “WATER SHORTAGE 6 EMERGENCIES,” AND ADOPTING A NEW ARTICLE IX, “YEAR-ROUND 7 IRRIGATION CONSERVATION MEASURES;” PROVIDING FOR A 8 PURPOSE AND FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; 9 PROVIDING FOR CONSERVATION REGULATIONS; PROVIDING FOR 10 VIOLATIONS AND ENFORCEMENT; PROVIDING FOR VARIANCES; 11 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 12 AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, Chapter 40E-24, Florida Administrative Code, specifies certain mandatory year-15 round landscape irrigation conservation measures within the boundaries of the South Florida Water 16 Management District (“SFWMD”); and 17 18 WHEREAS, the Village is located within the boundaries of the SFWMD, and Section 40E-24.011, 19 Florida Administrative Code, encourages local governments to implement these conservation 20 measures through the adoption of ordinances incorporating the applicable restrictions, as well as 21 provisions for enforcement and variances; and 22 23 WHEREAS, the Village Council wishes to formally adopt the conservation measures applicable 24 within Palm Beach County and incorporate such regulations into the Village Code of Ordinances; 25 and 26 27 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best 28 interests of the residents of the Village of North Palm beach. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 31 OF NORTH PALM BEACH as follows: 32 33 Section 1. The foregoing recitals are ratified as true and correct and incorporated herein. 34 35 Section 2. The Village Council hereby amends Chapter 19, “Offenses and Miscellaneous 36 Provisions,” of the Village Code of Ordinances by repealing Article IX, “Water Shortage 37 Emergencies,” and adopting a new Article IX, “Mandatory Year-Round Landscape Irrigation 38 Measures,” to read as follows (additional language is underlined): 39 40 ARTICLE IX. MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION 41 CONSERVATION MEASURES. 42 43 Sec. 19-200. Purpose and applicability. 44 45 (a) The purpose of this article is to implement procedures to protect 46 water resources of the Village and to promote water conservation through the 47 Page 2 of 6 adoption of the South Florida Water Management District’s mandatory year-round 1 landscape irrigation conservation measures. 2 3 (b) The provisions of this article apply to all users within the Village, 4 unless otherwise indicated in this article, and all water sources, except that the use 5 of reclaimed water or saltwater, which may or may not be supplemented from 6 another source, is allowed at any time. This article shall not apply to the irrigation 7 of athletic play areas as defined herein or to irrigation at agricultural or nursery 8 operations. 9 10 Sec. 19-201. Definitions. 11 12 When used in this article, the following terms shall have the meanings 13 ascribed to them in this section except where the context clearly indicates a different 14 meaning: 15 16 Address means the house number (a numeric or alphanumeric designation) 17 that, together with the street name, describes the physical location of a specific 18 property. If a lot number in a mobile home park or similar community is used by 19 the U.S. Postal Service to determine a delivery location, the lot number shall be the 20 property’s address. If a lot number in a mobile home park or similar residential 21 community is not used by the U.S. Postal Service (e.g., the park manager sorts 22 incoming mail delivered to the community’s address), then the community’s main 23 address shall be the property’s address. 24 25 Athletic play area means all golf course fairways, tees, roughs, greens, and 26 other athletic play surfaces, including football, baseball, soccer, polo, tennis, and 27 lawn bowling fields. 28 29 District means the South Florida Water Management District, a government 30 entity created pursuant to Chapter 373, Florida Statutes. 31 32 Even-numbered address means an address ending in the numbers 0, 2, 4, 6, 33 8 or rights-of-way or other locations with no address. 34 35 Landscaping means shrubbery, trees, lawns, sod, grass, ground covers, 36 plants, vines, ornamental gardens, and such other flora, not intended for resale, 37 which are situated in such diverse locations as residential landscapes, recreation 38 areas, cemeteries, public, commercial, and industrial establishments, public 39 medians, and rights-of-way, excluding athletic play areas as defined above. 40 41 Landscape irrigation means the outside watering of shrubbery, trees, lawns, 42 sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora, 43 not intended for resale, which are planted and are situated in such diverse locations 44 as residential landscapes, recreation areas, cemeteries, public, commercial, and 45 industrial establishments, public medians, and rights-of-way, excluding athletic 46 play areas as defined above. 47 48 Page 3 of 6 Low volume hand watering means the watering of landscape by one person, 1 with one hose fitted with a self-canceling or automatic shutoff nozzle. 2 3 Low volume irrigation means the use of equipment and devices specifically 4 designed to allow the volume of water delivered to be limited to a level consistent 5 with the water requirement of the plant being irrigated and to allow that water to be 6 placed with a high degree of efficiency in the root zone of the plant. The term also 7 includes water used in mist houses and similar establishments for plant propagation. 8 9 Micro-irrigation means the application of small quantities of water on or 10 below the soil surface as drops or tiny streams of spray through emitter or 11 applicators placed along a water delivery line. Micro-irrigation includes a number 12 of methods or concepts such as bubbler, drip, trickle, mist or microspray, and 13 subsurface irrigation. 14 15 New landscaping means any landscaping which has been planted and in the 16 ground for ninety (90) days or less. 17 18 Odd-numbered address means an address ending in the numbers 1, 3, 5, 7, 19 9. 20 21 Reclaimed water means wastewater that has received at least secondary 22 treatment and basic disinfection and is reused after flowing out of a wastewater 23 treatment facility as defined by Rule 62-40.210, Florida Administrative Code, as 24 may be amended from time to time. 25 26 User means any person, individual, firm, association, organization, 27 partnership, business trust, corporation, company, agent, employee or other legal 28 entity whether natural or artificial, the United States of America, and the State and 29 all political subdivisions, regions, districts, municipalities, and public agencies 30 thereof, which directly or indirectly takes water from the water resource, including 31 uses from private or public utility systems, uses under water use permits or uses 32 from individual wells or pumps. 33 34 Wasteful and unnecessary means allowing water to be dispersed without 35 any practical purpose to the water use or in violation of this article including, by 36 way of example, excessive landscape irrigation; leaving an unattended hose on a 37 driveway with water flowing; allowing landscape irrigation water to unnecessarily 38 fall onto pavement, sidewalks and other impervious surfaces; allowing water flow 39 through a broken or malfunctioning water delivery or landscape irrigation system 40 or irrigating outside of permissible days and times. 41 42 Sec. 19-202. Conservation regulations. 43 44 (a) Wasteful and unnecessary uses. All wasteful and unnecessary water 45 use is prohibited. 46 47 Page 4 of 6 (b) Hours for landscape irrigation. Landscape irrigation shall be 1 prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as otherwise 2 provided in this article. 3 4 (c) New landscaping. 5 6 (1) On the day the new landscaping is installed, the new landscaping 7 may be irrigated once without regard to the normally allowable 8 watering days and times. Irrigation of the soil immediately prior to 9 the installation of the new landscaping is also allowable without 10 regard to the normal allowable watering days and times. 11 12 (2) The ninety (90) day period begins the day the new landscaping is 13 installed. 14 15 (3) Irrigation of new landscaping which has been in place for thirty (30) 16 days or less may be accomplished on Monday, Tuesday, 17 Wednesday, Thursday, Saturday and Sunday. 18 19 (4) Irrigation of new landscaping which has been in place for thirty-one 20 (31) to ninety (90) days may be accomplished on Monday, 21 Wednesday, Thursday and Saturday. 22 23 (5) Irrigation of the new landscaping is limited to areas containing the 24 new landscaping only. An entire zone of an irrigation system shall 25 only be utilized for landscape irrigation under this paragraph if the 26 zone in question is for an area that contains at least fifty percent 27 (50%) new landscaping. If a zone contains less than fifty percent 28 (50%) new landscaping, or if the new landscaping is in an area that 29 will not typically be irrigated by an irrigation system, only the 30 individual new plantings are eligible for additional irrigation under 31 this paragraph. Targeted watering may be accomplished by low 32 volume hand watering, or any appropriate method which isolates 33 and waters only the new landscaping. 34 35 (d) Landscape irrigation systems. 36 37 (1) Landscape irrigation systems may be operated during restricted days 38 and/or times for cleaning, maintenance, and repair purposes with an 39 attendant on site in the area being tested. 40 41 (2) Landscape irrigation systems may routinely be operated for such 42 purposes no more than once per week, and the run time for any one 43 test should not exceed ten (10) minutes per zone. 44 45 (3) Any user who purchases and installs an automatic landscape 46 irrigation system shall properly install, maintain, and operate 47 technology that inhibits or interrupts operation of the system during 48 Page 5 of 6 periods of sufficient moisture in accordance with Section 373.62, 1 Florida Statutes, as may be amended from time to time. 2 3 (e) Low-volume irrigation, micro-irrigation, and low-volume hand 4 watering methods. Any plant material may be watered using low volume irrigation, 5 micro-irrigation, low-volume hand watering methods, and rain barrels, cisterns, or 6 other similar rain-harvesting devices without regard to the watering days or times 7 allowed in this section. 8 9 (f) Permissible days for landscape irrigation. 10 11 (1) Even-numbered addresses or users that irrigate both even-numbered 12 and odd-numbered addresses within the same zones may perform 13 landscape irrigation on Tuesday, Thursday and Sunday. 14 15 (2) Odd-numbered addresses may perform landscape irrigation on 16 Monday, Wednesday and Saturday. 17 18 (3) No irrigation may be performed on Fridays. 19 20 (g) Water shortages. In the event the District imposes restrictions on 21 landscape irrigation which are more restrictive than those set forth in this article, 22 such as a declaration of water shortage or water shortage emergency, the more 23 restrictive regulations shall apply for the applicable duration of the more restrictive 24 regulations. 25 26 Sec. 19-203. Violations and enforcement. 27 28 (a) Non-compliance with any provision of this article shall constitute a 29 violation of the Village Code of Ordinances and each day the violation exists shall 30 constitute a separate and distinct violation. 31 32 (b) Any violations of this article may be enforced pursuant to the 33 Village Code of Ordinances, through the code enforcement process set forth in 34 Chapter 2, Article VI of the Village Code of Ordinances, or through any other 35 manner authorized by law. 36 37 Sec. 19-204. Variances. 38 39 (a) A user may request a variance from the specific days for landscape 40 irrigation identified in this article by identifying and demonstrating with 41 particularity that compliance with the scheduled days for landscape irrigation will 42 result in a substantial hardship on the user requesting the variance. A variance shall 43 operate prospectively and shall not stay or abate the enforcement of the provisions 44 of this article and shall not affect any prior or pending code enforcement action 45 against the user requesting the variance. 46 47 Page 6 of 6 (b) The variance request shall be considered by the Village Manager or 1 his/her designee, and the decision of the Village Manager shall be provided to the 2 user in writing. The Village Manager’s decision may be appealed to the Village 3 Council through the filing of a written request with the Village Clerk within thirty 4 (30) days of the Village Manager’s written determination. The decision of the 5 Village Council shall be final. 6 7 (c) If a variance is granted, the user shall post a notice at each parcel to 8 which the variance pertains in a format prescribed by the Village. 9 10 (d) The Village recognizes and adopts all irrigation variances or waivers 11 issued by the District. 12 13 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 14 the Village of North Palm beach, Florida. 15 16 Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 17 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 18 such holding shall not affect the remainder of the Ordinance. 19 20 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions of the 21 Village of North Palm Beach, Florida, which are in conflict with this Ordinance, are hereby 22 repealed to the extent of such conflict. 23 24 Section 6. This Ordinance shall be effective ninety (90) days from the date of adoption. 25 26 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 27 28 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 29 2022. 30 31 32 33 (Village Seal) 34 MAYOR 35 36 37 ATTEST: 38 39 40 VILLAGE CLERK 41 42 APPROVED AS TO FORM AND 43 LEGAL SUFFICIENCY: 44 45 46 VILLAGE ATTORNEY 47 48 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: April 14, 2022 SUBJECT: ORDINANCE 2nd Reading – Adoption of amendments to Firefighter Pension Plan to incorporate changes set forth in the newly adopted Collective Bargaining Agreement Through the adoption of Resolution 2022-02 on January 13, 2022, the Village Council ratified a new Collective Bargaining Agreement (“CBA”) between the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. The new CBA modified certain provisions applicable to the pension benefits for firefighter members, and these amendments need to be incorporated into the Village Code. The attached Ordinance amends Chapter 2, “Administration,” Article V, “Pensions and Retirement Systems,” Division 4, “Pension and Certain Other Benefits for Fire and Police Employees,” of the Village Code of Ordinances to reflect the terms of the new CBA as follows:  Sections 2-159 and 2-161 are amended to raise the cap on retirement benefits from seventy-five percent (75%) to eighty percent (80%) for firefighters who retire on or after October 1, 2022.  Section 2-163 is amended to increase employee contributions for firefighter members from seven percent (7%) to:  Seven and one-half percent (7.5%) effective September 30, 2022;  Eight percent (8%) effective September 30, 2023; and  Eight and one-half percent (8.5%) effective September 30, 2024. As indicated at the time the CBA was ratified, the enhancements to the pension benefits will have minimal to no financial impact to the Village. Based on the actuarial analysis completed during union negotiations, the additional contributions should be adequate to offset the increase in the pension benefit. The attached Ordinance has been prepared and/or reviewed for legal sufficiency by this office. At its March 24, 2022 meeting, the Village Council adopted the Ordinance on first reading without modification. Recommendation: Village Staff requests Council consideration and approval on second and final reading of the attached Ordinance amending Chapter 2 of the Village Code of Ordinances to modify the pension benefits and contributions for firefighter members as set forth in the Collective Bargaining Agreement between the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. in accordance with Village policies and procedures. ORDINANCE NO. ____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, “PENSION 4 AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES,” 5 OF ARTICLE V, “PENSIONS AND RETIREMENT SYSTEMS,” OF CHAPTER 6 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES BY 7 AMENDING SECTION 2-159, “CREATION OF TRUST AND DEFINITIONS,” 8 SECTION 2-161, “BENEFIT AMOUNTS,” AND SECTION 2-163, 9 “CONTRIBUTIONS,” TO MODIFY THE MAXIMUM CAP ON BENEFITS 10 AND THE EMPLOYEE CONTRIBUTION FOR FIREFIGHTER MEMBERS; 11 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 12 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the Village sponsors a retirement plan for its police officer and firefighter employees 16 known as the Village of North Palm Beach Fire and Police Retirement Fund, which is administered 17 by a Board of Trustees; 18 19 WHEREAS, the Village and the Professional Firefighter/Paramedics of Palm Beach County, Local 20 2928, IAFF, Inc. have agreed to a new Collective Bargaining Agreement that provides for changes 21 to the Plan, specifically, an increase in the maximum cap on retirement benefits and increases to 22 the employee contributions rates for Fiscal Years 2023 through 2025; and 23 24 WHEREAS, the Village Council wishes to amend the Plan to incorporate these changes and 25 determines that the adoption of this Ordinance is in the interest of the public health, safety and 26 welfare of the Village and its residents. 27 28 NOW, THEREFORE BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 29 OF NORTH PALM BEACH, FLORIDA as follows: 30 31 Section 1. The foregoing “whereas” clauses are hereby ratified as true and are incorporated 32 herein. 33 34 Section 2. The Village Council hereby amends Chapter 2, “Administration,” Article V, 35 “Pensions and Retirement Systems,” Division 4, “Pension and Certain Other Benefits for Fire and 36 Police Employees,” of the Village Code of Ordinances as follows (additional language is 37 underlined and deleted language is stricken through): 38 39 Sec. 2-159. Creation of trust and definitions. 40 41 (a) Creation of trust. A pension and retirement system for full-time 42 firefighters and police officers of the village is hereby established to provide 43 retirement, survivor and disability benefits as provided by this division. The system 44 shall be known as the Village of North Palm Beach Fire and Police Retirement 45 Fund and is intended to be a tax qualified plan under Internal Revenue Code Section 1 401(a) and meet the requirements of a governmental plan as defined in Internal 2 Revenue Code Section 414(d). 3 4 (b) Definitions. As used herein, unless otherwise defined or required by 5 the context, the following words and phrases shall have the meaning indicated: 6 7 Accrued benefit means the portion of a member's normal retirement benefit 8 which is considered to have accrued as of any date., as follows: 9 10 (1) A member's accrued benefit for years of credited service earned 11 before October 1, 2018 shall be equal to the sum of two and one-12 half percent of the member's average monthly earnings multiplied 13 by the member's credited service for the first twenty-four (24) years; 14 zero (0) percent of the member's average monthly earnings 15 multiplied by the member's credited service for each year after 16 twenty-four (24) years up to thirty (30) years; and two (2) percent of 17 the member's average monthly earnings multiplied by the member's 18 credited service for each year in excess of thirty (30) years. 19 20 (2) A member's accrued benefit for years of credited service earned on 21 and after October 1, 2018 (provided the member was employed by 22 the Village on or after July 11, 2019) shall be equal to two and three-23 fourths percent per year of service. For Police Officers and 24 Firefighters who retire prior to October 1, 2022, the The total 25 accrued benefit shall not be greater than seventy-five (75) percent of 26 average monthly earnings at the time of retirement (including entry 27 into the DROP), but in all cases the accrued benefit earned on and 28 after October 1, 2018 shall be at least two and three-fourths percent 29 per year of service on and after October 1, 2018. For Firefighters 30 who retire on and after October 1, 2022, the total accrued benefit 31 shall not be greater than eighty (80) percent of average monthly 32 earnings at the time of retirement (including entry into the DROP), 33 but in all cases the accrued benefit earned on and after October 1, 34 2018 shall be at least two and three-fourths percent per year of 35 service on and after October 1, 2018. 36 37 (3) For purposes of this calculation, average monthly earnings and 38 credited service as of the date of determination shall be used. The 39 accrued benefit is considered to be payable in the plan's normal form 40 commencing on the member's normal retirement date, with such 41 date determined as through the member remains in full-time 42 employment with the employer. 43 44 * * * 45 Sec. 2-161. Benefit amounts. 46 1 (a) Normal retirement benefit. 2 3 (1) Amount. Each member who retires on or after the member's normal 4 retirement date shall be eligible to receive a normal retirement benefit 5 commencing on the member's actual retirement date. A retiree's maximum 6 monthly pension benefit shall not exceed seventy-five (75) percent of the 7 retiree's average monthly earnings as that term is defined in Section 2-159 8 above. In all cases, the benefit provided for years of service on and after 9 October 1, 2018 shall be at least two and three-fourths percent of average 10 monthly earnings per year of service (provided the member was employed 11 by the village on and after July 11, 2019). The monthly normal retirement 12 benefit shall be calculated as follows: 13 14 For Police Officer members: An amount equal to the sum of two and one-15 half percent of the member's average monthly earnings multiplied by the 16 member's credited service prior to October 1, 2018; and two and three-17 fourths percent for credited service on or after October 1, 2018 (provided 18 the member remained employed by the Village as a police officer on or after 19 July 11, 2019). A Police Officer retiree's maximum monthly pension 20 benefit shall not exceed seventy-five (75) percent of the retiree's average 21 monthly earnings as that term is defined in Section 2-159 above. 22 23 For Firefighter members: An amount equal to the sum of two and one-half 24 percent of the member's average monthly earnings multiplied by the 25 member's credited service prior to October 1, 2018; and two and three-26 fourths percent for credited service on or after October 1, 2018 (provided 27 the member remained employed by the Village as a firefighter on or after 28 July 11, 2019). On and after October 1, 2022, a Firefighter retiree's 29 maximum monthly pension benefit shall not exceed eighty (80) percent of 30 the retiree's average monthly earnings as that term is defined in Section 2-31 159 above; for retirements prior to October 1, 2022, the maximum benefit 32 is 75% of average monthly earnings. 33 34 * * * 35 36 Sec. 2-163. Contributions. 37 38 (a) Member contributions. 39 40 (1) Amount. Members of the plan shall make regular contributions to the fund 41 at rate equal to two (2) percent of their respective earnings. 42 43 For Police Officer members only: 44 (i) Effective at the beginning of the first full payroll period after 1 October 1, 2013, the Police Office member contribution shall 2 increase to two and sixty-seven one hundredths (2.67) percent; 3 4 (ii) Effective the first full payroll period after October 1, 2014, the 5 Police Officer member contribution shall increase to three and 6 thirty-three one hundredths (3.33) percent; and 7 8 (iii) Effective the first full payroll period after October 1, 2015, the 9 Police Officer member contribution shall increase to four (4) 10 percent. 11 12 (iv) Effective the second payroll period following the adoption of 13 Ordinance 2019-11, the Police Officer member shall contribute six 14 (6) percent of earnings. 15 16 (v) Effective the first payroll period after October 1, 2020, the Police 17 Officer member shall contribute seven (7) percent of earnings. 18 19 (vi) During participation in the DROP, Police Officer members shall 20 contribute four (4) percent of earnings, with three (3) percent 21 credited to the member's DROP account and one (1) percent applied 22 to the Pension Plan Unfunded Actuarial Accrued Liability 23 ("UAAL"). 24 25 For Firefighter members only: 26 27 (i) Effective the beginning of the first full payroll period after April 1, 28 2015, the Firefighter member contribution shall increase to three and 29 one-half (3½) percent; and 30 31 (ii) Effective the first full payroll period after April 1, 2016, the 32 Firefighter member contribution shall increase to five (5) percent. 33 34 (iii) Effective with the second payroll period following adoption of 35 Ordinance No. 2019-11, the Firefighter member contribution shall 36 increase from five (5) percent of earnings to seven (7) [percent] of 37 earnings. 38 39 (iv) Effective the first full payroll period after September 30, 2022, the 40 Firefighter member contribution shall increase from seven (7) 41 percent to seven and one-half (7.5) percent. 42 43 (v) Effective the first full payroll period after September 30, 2023, the 44 Firefighter member contribution shall increase from seven and one-45 half (7.5) percent to eight (8) percent. 46 1 (vi) Effective the first full payroll period after September 30, 2024, the 2 Firefighter member contribution shall increase from eight (8) 3 percent to eight and one-half (8.5) percent. 4 5 (ivvii) During DROP, the Firefighter member shall contribute four (4) 6 percent of earnings, with three (3) percent credited to the member's 7 DROP account and one (1) percent applied to the Pension Plan. 8 9 (2) Duration. The village shall pick-up, rather than deduct from each member's 10 pay, beginning with the date of employment, two (2) percent of the 11 member's basic compensation. The monies so picked-up shall be deposited 12 in the fund on a monthly basis. An account record shall be maintained 13 continuously for each member. Pick-up contributions shall continue until 14 death, disability or termination of service, whichever shall occur first. 15 Contributions shall remain in the fund unless withdrawn as provided in the 16 plan. No member shall have the option to choose to receive the contributed 17 amounts directly instead of having them paid by the village directly to the 18 plan. All such pick-up contributions by the village shall be deemed and be 19 considered as part of the member's accumulated contributions and subject 20 to all provisions of the plan pertaining to accumulated contributions of 21 members. The intent of this provision is to comply with Section 414(h)(2) 22 of the Internal Revenue Code. For paying Social Security taxes, and for such 23 other purposes except as specified in this plan, the amount of employee 24 contributions "picked-up" or paid by the village will be added to the amount 25 distributed on a current basis in order to determine total wages, salary, pay 26 or compensation. In the event that the employer agrees to assume and pay 27 member contributions in lieu of direct contributions by the member, such 28 contributions shall accordingly be paid into the plan on behalf of the 29 members. No member subject to such agreement shall have the option of 30 choosing to receive the contributed amounts directly instead of having them 31 paid by the employer directly to the plan. All such contributions by the 32 employer shall be deemed and considered as part of the member's 33 accumulated contributions and subject to all provisions of this plan 34 pertaining to accumulated contributions of members. The intent of this 35 language is to comply with section 414(h)(2) of the Internal Revenue Code. 36 37 (3) Interest. Interest shall be credited to member contributions as of September 38 30 of each year at a rate equal to the change in the consumer price index, 39 published by the U.S. Bureau of Labor Statistics, over the twelve-month 40 period ending on the previous June 30. The maximum rate for any year shall 41 be seven (7) percent and the minimum rate shall be zero (0) percent. 42 43 (4) Guaranteed refund. All benefits payable under this plan are in lieu of a 44 refund of accumulated contributions. In any event, however, each member 45 shall be guaranteed the payment of benefits on his behalf at least equal in 1 total amount to his accumulated contributions. 2 3 * * * 4 5 Section 3. All other provisions of Division 4 of Article V of Chapter 2 of the Village 6 Code of Ordinances not expressly amended as set forth above shall remain unchanged by the 7 adoption of this Ordinance. 8 9 Section 4. The provisions of this Ordinance shall become and be made part of the Code 10 of the Village of North Palm Beach, Florida. 11 12 Section 5. If any action, paragraph, sentence, clause, phrase or word of this Ordinance 13 is for any reason held be a court of competent jurisdiction to be unconstitutional, inoperative or 14 void, such holding shall not affect the remainder of this Ordinance. 15 16 Section 6. All ordinance or parts of ordinances and resolutions or parts of resolutions 17 of the Village of North Palm Beach, Florida, which are in conflict with this Ordinance are hereby 18 repealed to the extent of such conflict. 19 20 Section 7. This Ordinance shall be effective immediately upon adoption. 21 22 PLACED ON FIRST READING THIS _____ DAY OF __________, 2022. 23 24 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF _________, 25 2022. 26 27 28 29 (Village Seal) 30 MAYOR 31 32 33 ATTEST: 34 35 36 VILLAGE CLERK 37 38 APPROVED AS TO FORM AND 39 LEGAL SUFFICIENCY: 40 41 42 VILLAGE ATTORNEY 43 44 VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Village Council Members FROM: Andrew D. Lukasik, Village Manager DATE: April 14, 2022 SUBJECT: ORDINANCE 2nd Reading – Modification of On Street Parking Regulations in the vicinity of Lakeside Park Village staff recommends approval of an ordinance modifying on-street parking regulations in the vicinity of Lakeside Park. Background: Lakeside Park is an attractive and popular beach-front park tucked within a residential neighborhood. Because of the number of people who make their way to the park on a regular basis, parking has be en an issue as the parking lot’s capacity is limited. This resulted in visitors resorting to the use of on-street parking in the residential neighborhood. In December 2018, the Village adopted parking restrictions that limited on-street parking on weekends and holidays on several streets in the neighborhood surrounding Lakeside Park. The Village is evaluating possible parking restrictions that affect Lakeside Park itself in an effort to improve accessibility to residents. Village staff is recommending adoption of this ordinance before considering parking restrictions at the Park as it could address some of the impacts felt by nearby residents. The ordinance being considered will extend the restrictions beyond weekends and holidays, will reduce the number of streets impacted and provides for exceptions for neighborhood residents and their guests through the use of a Village issued pass. Ordinance Details: The ordinance is more restrictive in that on-street parking will not be permitted at any time. The only exception is for residents and their guests on the effected streets who can park with the use of a Village issued parking pass. The streets that will have the on-street parking restrictions will be: Lighthouse Drive between US1 and Lakeside Drive, Lakeside Circle, Lakeside Drive from the southerly right-of-way line of Cruiser Road South south to Atlantic Road, the east-west section of Atlantic Road, and Lakeside Court. Lastly, the ordinance formally introduces the use of a Village issued parking pass to create the on-street parking exception for residents. The attached Ordinance has been prepared/reviewed by the Village Attorney for legal sufficiency. At its March 24, 2022 meeting, the Village Council adopted the Ordinance on first reading with a slight modification to the language set forth in Section 18-34.1(b) concerning guest passes. Recommendation: Village staff requests Council consideration and approval on second and final reading of the attached Ordinance modifying on-street parking restrictions in the vicinity of Lakeside Park. Page 1 of 3 ORDINANCE NO. 2022-____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING ARTICLE III, “STOPPING, STANDING 4 AND PARKING,” OF CHAPTER 18, “MOTOR VEHICLES AND TRAFFIC,” OF 5 THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-34.1, 6 “VEHICLE, TRAILER OR BOAT PARKING PROHIBITED UPON PAVED OR 7 UNPAVED AREA OF ROAD RIGHT-OF-WAY OF SPECIFIC ROADWAYS,” TO 8 MODIFY THE PARKING REGULATIONS IN THE VICINITY OF LAKESIDE 9 PARK; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 10 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the Village of North Palm Beach, as a duly organized Florida municipality, 13 possesses the Home Rule Authority conferred upon it by the Florida Constitution and Chapter 166, 14 Florida Statutes; and 15 16 WHEREAS, Section 316.008, Florida Statutes, authorizes municipalities, with respect to streets 17 and highways under their jurisdiction and within the reasonable exercise of their police powers, to 18 regulate or prohibit stopping, standing and parking; and 19 20 WHEREAS, the Village Council wishes to amend Section 18-34.1(b) of the Village Code of 21 Ordinances, regulating parking in the vicinity of Lakeside Park, to: (1) provide for daily enforcement; 22 (2) reduce the area where parking is prohibited in the right-of-way; and (3) codify the exemption to the 23 parking restrictions for residents and their guests; and 24 25 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best 26 interests of the residents of the Village of North Palm Beach. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 29 NORTH PALM BEACH, FLORIDA as follows: 30 31 Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and are 32 incorporated herein. 33 34 Section 2. The Village Council hereby amends Chapter 18, “Motor Vehicles and Traffic,” of the 35 Village Code of Ordinances by amending Article III, “Stopping, Standing and Parking,” to read as 36 follows (additional language is underlined and deleted language is stricken through): 37 38 ARTICLE III. - STOPPING, STANDING AND PARKING 39 40 * * * 41 42 Sec. 18-34.1. Vehicle, trailer or boat parking prohibited upon paved or unpaved 43 area of the road right-of-way of specific roadways. 44 45 (a) The parking of any vehicle, trailer or boat is hereby prohibited upon the paved 46 or unpaved area of the road right-of-way of those portions of the following 47 Page 2 of 3 described roadways located within the corporate limits of the Village of North 1 Palm Beach, Florida: 2 3 State Road A-1-A; 4 5 Prosperity Farms Road; 6 7 U.S. Highway # 1 (SR #5); 8 9 Northlake Boulevard; 10 11 800 Block of Lighthouse Drive; 12 13 North side of Lighthouse Drive between Lighthouse Bridge and one hundred 14 (100) feet east of the east right-of-way line of Lagoon Drive; 15 North Anchorage Drive from Eastwind Drive to U.S. #1 (SR #5); 16 17 South Anchorage Drive and Eastwind Drive adjacent to the North Palm Beach 18 Elementary School property only during the period starting one (1) hour prior 19 to and ending one (1) hour after published school hours inclusive; 20 21 Southerly most four hundred (400) feet of the westerly road right-of-way of 22 Castlewood Drive adjacent to the First Church of Christ Scientist. 23 24 (b) From sunrise to sunset on weekends and legal holidays, the parking of any 25 vehicle is hereby prohibited upon the paved or unpaved area of the road right-26 of-way of the following described roadways (or portions thereof) located 27 within the corporate limits of the Village of North Palm Beach, Florida unless 28 said vehicle is operated by a resident of the adjacent property or a guest of a 29 resident of the adjacent property and displays a valid guest pass issued by the 30 village: 31 32 Lakeside Drive from the southerly right-of-way line of Anchorage Drive North 33 Cruiser Road South south to Atlantic Road; 34 35 Atlantic Road (east-west portion only); 36 37 Lakeside Court; 38 39 Lakeside Circle; and 40 41 Lighthouse Drive from U.S. Highway One to Lakeside Drive;. 42 43 Buoy Road; 44 45 Cruiser Road South; 46 47 Cruiser Road North; 48 Page 3 of 3 1 Dory Road South; and 2 3 Dory Road North. 4 5 Notwithstanding the foregoing, residents may continue to park boats and boat 6 trailers and recreational vehicles and trailers in the swales of these roadways 7 on a temporary basis to the extent authorized by sections 18-35 and 18-35.1 of 8 this article. 9 10 * * * 11 12 Section 3. The provisions of this Ordinance shall become and be made part of the Code of 13 Ordinances for the Village of North Palm Beach, Florida. 14 15 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for 16 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 17 holding shall not affect the remainder of the Ordinance. 18 19 Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 20 herewith are hereby repealed to the extent of such conflict. 21 22 Section 6. This Ordinance shall be effective immediately upon adoption. 23 24 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 25 26 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 27 2022. 28 29 30 31 (Village Seal) 32 MAYOR 33 34 ATTEST: 35 36 37 VILLAGE CLERK 38 39 APPROVED AS TO FORM AND 40 LEGAL SUFFICIENCY: 41 42 43 VILLAGE ATTORNEY 44 VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Members of the Village Council THRU: Andrew D. Lukasik, Village Manager FROM: Chad Girard, P.E., Assistant Director of Public Works DATE: April 14, 2022 SUBJECT: MOTION – Accepting the ranking by the Selection Committee for Stormwater Master Plan Modeling and Design Implementation Continuing Services Contract and authorizing Staff to commence negotiation of an Agreement with Hazen and Sawyer. Village Staff is recommending Council approval of the Selection Committee’s ranking of the firms submitting qualification statements in response to the Village’s Request for Qualifications (RFQ) for Stormwater Master Plan Modeling and Design Implementation Continuing Services Contract. Background: In 2016, the Village Council adopted the Citizens’ Master Plan. The Plan was the result of a citizen engagement process and intended to guide the next era of growth and development in the Village of North Palm Beach. One of the priority projects identified by the Plan was the creation of a stormwater utility that would finance repairs and improvements, including enhancement of water quality, to the Village’s stormwater system. At that time, it was recognized that the Village’s aging system needed to be maintained to deliver reliable protection of property and enhance the quality of stormwater runoff into the Village’s canals and the Lake Worth Lagoon. Based upon the Citizens’ Master Plan recommendation, the Village conducted an exploratory study to provide information and data related to the establishment of a stormwater fee structure to fund needed stormwater activities and improvements within the Village. Following the completion of a fee study by Hazen & Sawyer, the Village’s Stormwater Utility and Stormwater Fund was established in July 2021 and the Non-Ad Valorem Stormwater Fee was approved in September, 2021. With the stormwater fee in place, the Village Council identified the development of a Stormwater Master Plan as a priority action item in the FY 2022 Strategic Plan. The Stormwater Master Plan will complete the necessary evaluation of the existing stormwater system to identify vulnerabilities and recommend the most economic and feasible approach to addressing the needs of the system. Specifically, the Master Plan will recommend implementation of necessary stormwater system improvements to address conveyance and water quality deficiencies as well as strategies for sea level and storm vulnerability impacts. To that end, Village staff initiated the process to select a consultant to develop the Stormwater Master Plan through the Consultants’ Competitive Negotiation Act (CCNA) process. Request for Qualifications (RFQ) Process: In accordance with Section 287.055, Florida Statutes (CCNA), the Village issued an RFQ on December 21, 2021 in an effort to identify the most qualified firm to provide stormwater master plan modeling and design services to the Village. A Selection Committee consisting of Village Manager Andy Lukasik, Director of Public Works Chuck Huff, Assistant Director of Public Works Chad Girard, Streets and Stormwater Manager Ken Hern, and Village resident Ellen Allen (Environmental Committee Board Member) participated in the initial review of the qualification statements. The following five firms submitted their qualification statements on January 26, 2022:  Hazen and Sawyer,  Kimley-Horn,  Baxter & Woodman,  Keith, and  South Florida Engineering and Consulting, LLC. Based upon the Committee’s review of the qualification statements submitted by each firm, the Committee shortlisted Hazen and Sawyer and Kimley-Horn at the Committee’s meeting on March 1, 2022 and invited both firms to make presentations to the Committee. On March 30, 2022, the Committee received presentations from the two shortlisted firms. Although both firms are extremely experienced and well qualified, the Committee selected Hazen and Sawyer as the firm that will best be able to address the Village’s needs as part of a Stormwater Master Plan. Hazen demonstrated an excellent understanding of the Village’s stormwater system and showed a knowledge of how to plan for future needs addressing community flood vulnerabilities as well as securing alternate sources of funding for the project. In accordance with the requirements of the RFQ issued by the Village, Staff is requesting Village Council’s authorization to commence competitive negotiations with Hazen and Sawyer as this was the Evaluation Committee’s top-ranked firm. If Staff is unable to negotiate an agreement, Staff will terminate negotiations with Hazen and Sawyer and begin negotiations with Kimley-Horn, the second-highest ranked firm. If negotiations fail with both Hazen and Sawyer and Kimley-Horn, the Committee ranked Baxter & Woodman as the third-highest ranked firm. Recommendation: Village Staff recommends Council consideration and approval of a motion accepting the Selection Committee’s ranking of Hazen and Sawyer as the top-ranked firm and authorizing Staff to commence negotiations for the completion of a Stormwater Master Plan with the top-ranked firm. If Staff is unable to negotiate an agreement with the top-ranked firm, Staff will terminate negotiations and move down the list to the next highest-ranked firm as required by the CCNA. Stormwater Master Plan Modeling and Design Implementation Continuing Services Contract Interview | RFQ No. 2022-100 | March 30, 2022 1 Hazen and Sawyer is a leader nationally, regionally, and locally in the areas of stormwater management and climate resiliency City of Boston New York City DEP City of Hollywood City of Fort Lauderdale Miami-Dade County City of Margate Town of Jupiter City of Oakland Park City of Stuart Orange County, CA Sanitation District Our clients range from small municipalities to large metro regions. Our projects are tailored to specific needs. City of Coral Gables 2 Our Team 3 Recent Resilience Collaborators Broward County Fort Lauderdale Our proposed leadership team has proven South Florida success in stormwater planning, modeling, design, permitting, and construction management Robert Taylor, Jr., PE Project Director Lucia Medina, PE Project Manager Richard Pryce, PSM Data Collection Lead Guillermo Regalado, PE Modeling/Planning Lead Jennifer McMahon, PE Design, Permitting, CMS Lead Fort Lauderdale Stormwater Master Plan Modeling and Design Implementation Oakland Park Stormwater Master Plan and Flood Vulnerability Assessment Town of Jupiter General Engineering Services for Stormwater and Capital Improvements City of Coral Gables General Consultant City of Margate Phase 1 Stormwater Master Plan (ongoing) Broward County Countywide Risk Assessment and Resilience Plan (recent selection) 4 Physical Characteristics Physical Characteristics We have a good understanding of the Village’s stormwater system and overall program Climatological Conditions Climatological Conditions Stormwater Infrastructure Stormwater Infrastructure Stormwater Program& Funding 5 Our right-timed, right-sized approach allows a fiscally responsible means of tackling your priorities Aging/Failing infrastructure Water quality and environmental protection Tidal flooding in low areas Future flood protection (SLR/storm surge) 6 Aging and failing infrastructure is foremost amongst the Village’s stormwater-related priorities 7 Water quality and nuisance flooding can be addressed via swale grading and rehab Residential portions of the Village depend heavily on swale drainage for water quantity and quality. 8 Addressing flooding issues and coastal protection is important at the Country Club and Village Parks respectively 9 Planning for future climate conditions is necessary and timely 10 Below EL 3.0 NAVD88Below EL 4.0 NAVD88Below EL 5.0 NAVD88 INSTALL Tidal Valves RAISE Seawalls Planning for future climate conditions is necessary and timely INSTALL Pump Station(s) 11 High Tide Backflow High Tide Backflow Seawall Breaching Seawall Breaching Raised Seawall & Pumping Raised Seawall & Pumping 12 Project Approach Our approach is founded in having delivered this same scope of work Stormwater Master Plan Modeling and Design Implementation Scope of Services Village North Palm Beach City of Fort Lauderdale Develop Community Outreach Program GIS Database Validation and Data Gap Analysis Data Collection GIS Database Update and Integration with Asset Management Software Existing H&H Model (development, execution, and post-processing) Level of Service Analysis Develop Capital Improvement Projects (CIPs) Proposed H&H Model (development, execution, and post-processing) Develop Cost Estimates for Final CIPs Obtain Conceptual/Construction Permits for CIPs Design CIPs Construct CIPs 13 Our data collection approach, GIS validation, and organization have been well honed with partner CTA •We know your Stormwater GIS from the Utility Study •Ready protocols and procedures for efficient additional data collection •Experience incorporating many clients’ GIS data into asset management systems of various types Our vetted data collection process provides time savings efficiencies. Attributes field surveyor for over 5,000 stormwater features 14 In addition, we have already obtained Village aerial photogrammetry, LiDAR, and Digital Elevation Model (DEM) The foundation of your hydrologic/hydraulic model will be the DEM derived from PBC LiDAR. 15 We use a variety of Hydrologic & Hydraulic modeling software packages, and believe ICPRv4 is ideal for the Village Ease of use and wide application in the industry (especially in FL) Well known to permitting agencies (benefits reviews) Easy data integration from/to GIS Convenient for occasional users 16 Boundary conditions for other South Florida stormwater plans will be leveraged to save time and money Fully consistent with Southeast Florida Regional Climate Compact 17 Allow us to reflect SLR impacts on future surface and groundwater conditions Model simulations will address an array of possible conditions and uncertainties •King Tides & Storm Surge •Sea Level Rise & High Groundwater Table •Varying Climatological Conditions: •Change in Design Storm Events (5 yr., 10 yr.) •Increase of Rainfall Intensity •Use a Temporal Distribution that fits the Drainage Conditions 18 Our modeling is focused on converting data into valuable insight Modeling Results &Stormwater H&H ModelGWIS 19 Inundation Rasters GIS Database (ICPRv4)Database 20 21 22 Our level of service approach to capital investment prioritization is critical to public acceptance We use tools to streamline identifying vulnerabilities and to vet alternative solutions. 23 Oakland Park, FL Conceptual permitting of the model-based CIP makes design implementation very smooth Successfully used in FTL for ~$200M in stormwater infrastructure investments Under Design Development Project Completed Under Construction ERP/SWML Permits Obtained Design Completed 24 We have developed other means of adding value related to modeling and capital planning 25 Model Training –We are always here to help! Modeling Data & Results Interfaces –ArcGIS Online CIP Details and Cost Estimates –PowerBIDashboard Public outreach and involvement is critical to program success We use Hi-Tech/Hi-Touch elements to add value and support effective communication. 26 Hazen’s desktop condition assessment projected R&R needs using industry standards and local experience •Expected service life •Concrete pipe: 50 -70 years •Corrugated metal pipe: 30 -50 years •Cost-effective repair methods •FDOT District 4 Contract •South Florida R&R programs •North Palm Beach Rate Study •Provided R&R program funding options and associated costs Diameter Linear Feet ≤ 12 1,591 15 12,906 18 10,649 24 9,735 27 392 30 4,226 33 185 36 4,048 40 562 42 1,351 48 463 54 173 60 857 Grand Total 47,325 Asset Type Count Catch Basin 370 Curb Inlet 5 Pipe End Structure 6 Manhole 14 Weir 2 Outfall (6 are "Major Outfalls")78 Sum 475 The Village’s Existing Stormwater Assets 27 The Village’s selected program will minimize uncertainty and maximize efficiency over time •Assumptions are replaced with data •Decisions reflect actual condition of pipe and structures •Budgeting is right-sized using defensible, condition- based information •Proactive, well-timed interventions avoid more costly and disruptive reactive work 28 Capital investment alone will not solve your stormwater/resiliency challenges •We will help develop policies and regulations to support infrastructure and operations/maintenance •Forward-focused requirements for development/redevelopment •Benefit from ground we are already covering elsewhere in South Florida 29 Isles of Palms, Before and After Our Team has tremendous design capacity to deliver planned projects at whatever pace you desire We’ve already developed Standard Specs/Details, which can be quickly tailored to the Village. Deep bench – delivered design of over 1,000 drawings (representing ~$200M construction) for the City of Fort Lauderdale in about 18 months Inventory of Designed Improvements for Fort Lauderdale Improvement Total Unit New Storm Sewer 103,435 LF Replaced Storm Sewer 30,989 LF Exfiltration Trench 21,264 LF New/Restored Swale 75,455 SF Drainage Wells 2 # Water Quality Structures 11 # Pump Stations 7 # Backflow Preventers 148 # Permeable Pavement 3,698 SY Created Wetlands 9 AC Seawall Replacement 5,612 LF Canal/Creek Restoration 3,800 LF 30 Close coordination with other Village infrastructure investments Schedule 31 We can deliver the SWMP 12 months from NTP. Submittal of HB-53 Stormwater Needs Analysis (deadline June 30, 2022) Two months savings One month savings One month savings We fully understand your Stormwater Assessment Program and how it can be adapted to incorporate the resulting CIP •Use of Pay-Go or Bonding/Borrowing to fund Program •Impacts of additional capital on: •Annual assessment per ERU •Duration to hold the selected rate •Tailored rate program to meet Village objectives Number of Years to Complete CIP and Pipe Improvements using Pay Go Stormwater Assessment ($/month increase per ERU increase) CIP Capital Cost $1 million $2 million $4 million $6 million $0.00 20 27 41 55 $0.50 17 22 33 44 $1.00 14 19 28 38 $1.50 12 16 24 32 $2.00 11 14 21 29 Number of Years to Pay Off Bond for CIP and Pipe Improvements using Debt Service $0.00 25 Cannot make principal and interest payments on bond $0.50 20 29 47 65 $1.00 17 24 39 55 $1.50 15 21 34 47 $2.00 13 19 30 42 Note baseline Pipe Improvements plan implemented over 15 years. 32 Our prowess in securing funding for municipal clients is another bonus Success in this capacity further helps control assessment rates $185 Million In funding for water infrastructure projects over the last two years. Seth Robertson, PE Grant Coordination/Funding Expert Seth Robertson, PE, formerly served as the national co-chair of the EPA and State SRF workgroup and understands national funding priorities. Over the past ten years, Hazen has secured over $4.1 billion in grant and loan funding to support capital infrastructure projects. 33 Selection of the Hazen Team provides the following keys to a dynamic and successful Master Plan 34 Proof Proof •Model Scenarios •Boundary Conditions •Data Collection •Modeling Processes •Standard Details/ Specifications Proof •Stormwater Assessment Program/Rate Study •Reviewed Field Issues Proof Multi-decade consultant to local governments •Jupiter •Palm Beach County •Many Others •Miami-Dade County •Broward County •Fort Lauderdale •Oakland Park •Coral Gables 35 Questions 36 Funding Sources American Rescue Plan Act (ARPA) Resilient Florida Grant Program Hazard Mitigation Grant Program (HMGP) Flood Mitigation Assistance (FMA) Building Resilient Infrastructure and Communities (BRIC) Resilience Implementation Grants (RIGs) 319 Nonpoint Source Grant Program VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, AICP, Director of Community Development DATE: April 14, 2022 SUBJECT: RESOLUTION – Approving a Contract with Hy-Byrd Incorporated for building inspection services utilizing pricing established in an existing contract with the Town of Palm Beach. The Community Development Department has had vacancies for inspector positions for the past few years and recently lost a building inspector to retirement in December. Due to continued difficulties with finding qualified inspectors, the Village has utilized a variety of firms to provide contract building inspection services, including Hy-Byrd. At the start of Fiscal Year 2022, the Village solicited quotes for building inspection services from three firms, and Hy-Byrd Incorporated provided the lowest quote of $55.00 per hour. The Village subsequently issued a purchase order to Hy-Byrd in the amount of $25,000 for Fiscal Year 2022. The $25,000 will soon be exceeded and the Community Development Department would like to increase the funding by an additional $50,000 to cover inspections for the remainder of the fiscal year. The Community Development Department has $125,000 for inspection services budgeted for Fiscal Year 2022, along with two open inspector positions. There is sufficient money in the budget for inspection services and two vacant inspector positions to cover the request for an additional $50,000. Village Staff is recommending execution of a Contract with Hy-Byrd Incorporated for building inspection services in an amount not to exceed $75,000 for Fiscal Year 2022 utilizing pricing established in an existing contract between Hy-Byrd and the Town of Palm Beach. The hourly rate will remain at $55.00 per hour. The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department Account Number Account Description Amount General Fund Building A6019-33190 Professional Services $75,000 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving a Contract with Hy-Byrd Incorporated for building inspection services for Fiscal Year 2022 in an amount not to exceed $75,000, with funds expended from Account No. 6019-33190 (Building – Professional Services), and authorizing the Mayor and Village Clerk to execute the Contract in in accordance with Village policies and procedures. RESOLUTION 2022-_____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT WITH HY- BYRD INCORPORATED TO PROVIDE BUILDING INSPECTION SERVICES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING AGREEMENT WITH THE TOWN OF PALM BEACH AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff recommended entering into a Contract with Hy-Byrd Incorporated to provide building inspection services on an as needed basis pursuant to the terms, conditions and pricing established in an existing Agreement with the Town of Palm Beach, thereby allowing for concurrent competitive purchasing pursuant to the Village’s Purchasing Policy; and WHEREAS, the maximum compensation to be paid to Hy-Byrd Incorporated pursuant to the Agreement is $75,000; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Contract for building inspection services with Hy-Byrd Incorporated, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village. The total amount of compensation paid pursuant to the Contract shall not exceed $75,000, with funds expended from Account No. A6019-33190 (Building – Professional Services). Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 6 CONTRACT This Contract is made as of this _______ day of ______________, 2022, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (hereinafter “VILLAGE”), and HY-BYRD INCORPORATED, 511 South East Coast Street, Lake Worth Beach, Florida 33460, a Florida corporation (hereinafter “CONTRACTOR”), whose F.E.I. Number is 20-65-0060264. RECITALS WHEREAS, the VILLAGE is in need of a contractor to perform building inspection services for Fiscal Year 2022; and WHEREAS, the Town of Palm Beach, through its competitive selection process, awarded an Agreement for Plan, Review and Inspection Services (Bid No. 2019-30) (“Palm Beach Contract”) to CONTRACTOR; and WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested services based on the pricing established in the PALM BEACH Contract; and WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE desires to retain CONTRACTOR’s services by “piggy-backing” the Palm Beach Contract, including all terms, conditions and pricing set forth therein. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties heret o agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. Palm Beach Contract. The Town of Palm Beach’s Agreement for Plan, Review and Inspection Services (Bid No. 2019-30) (“Palm Beach Contract”) with CONTRACTOR, attached hereto as Exhibit “A,” is incorporated herein by reference. 3. CONTRACTOR’s Services. A. In accordance with the terms and conditions of the Palm Beach Contract and at the direction of the Community Development Director, CONTRACTOR shall perform building inspection services at a rate of $55.00 per hour on an as needed basis. B. The total cost of such services shall not exceed $75,000.00 for Fiscal Year 2022. 4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the following order of precedence: this Contract and the Palm Beach Contract. 5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s representative, indicating that goods and services have been Page 2 of 6 provided and rendered in conformity with this Contract, and they then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 6. Term and Termination. A. This Contract shall be effective immediately upon execution by both parties and shall expire on September 30, 2022. B. This Contract may be terminated by the VILLAGE, with or without cause, upon providing ten (10) days’ notice to CONTRACTOR. This Contract may be terminated by C ONTRACTOR upon providing thirty (30) days’ notice to the VILLAGE. Upon any such termination, CONTRACTOR waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless CONTRACTOR is in breach of this Contract, the VILLAGE shall pay CONTRACTOR for work performed and accepted through the date of termination. 7. Insurance. A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability insurance in the amount of $1,000,000 per occurrence or $2,000,000 in the aggregate to protect CONTRACTOR from claims for damages for bodily and personal injury, incl uding wrongful death, as well as claims for property damage which may arise from any operations under this Contract, whether such operations be by CONTRACTOR or by anyone directly employed by or contracting with CONTRACTOR. C. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR. D. CONTRACTOR shall carry Workers’ Compensation Insurance and Employer’s Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers’ Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the VILLAGE. E. All insurance, other than Worker’s Compensation, to be maintained by CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. Page 3 of 6 8. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. 9. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall comply with all applicable federal, state and local laws, regulations and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 10. Independent Contractor. CONTRACTOR is, and shall be, in the performance of all Services under this Contract, an independent contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Services performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’S sole direction, supervision, and control. CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Services. 11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing services pursuant to this Contract for at least five (5) years after termination of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. 12. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall Page 4 of 6 be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties knowingly, voluntarily and intentionally waive any right they may have to trial by jury with respect to any litigation arising out of or in connection with this Contract. C. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. D. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. E. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. G. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. H. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. Page 5 of 6 In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public requires required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. I. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. HY-BYRD INCORPORATED By: Print Name:__________________________ Position:_____________________________ Page 6 of 6 VILLAGE OF NORTH PALM BEACH By: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Marc Holloway, Solid Waste Manager Chuck Huff, Director of Public Works DATE: April 14, 2022 SUBJECT: RESOLUTION – Approval to increase the FY 2022 Blanket Purchase Order issued to GT Supplies, Inc. to $50,000 Village Staff is recommending Village Council consideration and approval of the attached Resolution increasing the FY 2022 blanket purchase order issued to GT Supplies, Inc. by $25,000 to $50,000. The Village uses GT Supplies, Inc. for reconditioning existing dumpsters as needed. As we move to purchase plastic replacement dumpsters, we have to continue to repair the dumpsters that we have. Earlier in the fiscal year, a blanket purchase order was issued to GT Supplies, Inc. in the amount of $25,000 for the purchase/fabrication of dumpsters and parts/repairs. The Village has spent $23,192.40 to this vendor to date for these services. Based on the current year trend, staff is estimating that an additional $25,000 is needed for these services for the remainder of this fiscal year and is recommending that $25,000 be added to the existing purchase order for this vendor. In accordance with the Village’s purchasing policy, Village Council approval is required for a purchase order when the aggregate fiscal year spending to a single vendor exceeds $25,000: “Blanket purchase orders in excess of $25,000 shall be approved by the Village Council, provided, however, that blanket purchase orders in excess of $25,000 and up to $50,000 shall be placed on the Consent Agenda.” The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Account Information: Fund Department / Division Account Number Account Description Amount General Public Works/ Solid Waste A7020-35217 Machinery & Equipment Supplies $50,000 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution to increase the FY 2022 blanket purchase order issued to GT Supplies, Inc. to $50,000, with funds expended from Account No. A7020-35217 (Solid Waste – Machinery & Equipment Supplies) in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A BLANKET PURCHASE ORDER FOR THE PUBLIC WORKS DEPARTMENT WITH GT SUPPLIES, INC. IN THE TOTAL AMOUNT OF $50,000 FOR DUMPSTER REPAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase orders for materials purchased over a certain period of time not to exceed a single fiscal year; and WHEREAS, the Village previously issued a blanket purchase order to GT Supplies, Inc. for $25,000, and Village Staff requested an additional $25,000 for a total of $50,000 for the current fiscal year; and WHEREAS, blanket purchase orders in excess of $25,000 require approval by the Village Council; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the issuance of an additional blanket purchase order to GT Supplies, Inc. in the amount of $25,000 (for a total estimated expenditure of $50,000 for Fiscal Year 2022), with funds expended from Account No. A7020-35217 (Public Works/Sanitation – Machinery & Equipment Supplies). Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT – SOLID WASTE DIVISION TO: THRU: Honorable Mayor and Members of the Village Council Andrew D. Lukasik, Village Manager FROM: Marc Holloway, Solid Waste Manager Chuck Huff, Director of Public Works DATE: April 14, 2022 SUBJECT: RESOLUTION – Amendment to the FY2021-2022 Comprehensive Pay Plan to modify the structure of the Public Works Department’s Solid Waste Division Village Staff is recommending the Village Council’s adoption of a Resolution amending the FY2021-2022 Comprehensive Pay Plan by reducing two (2) full-time commercial drivers and adding two (2) full-time solid waste collectors. The primary purpose of this change is to create staffing flexibility to better address solid waste collection needs. Background: Staff outlined the factors reducing the number of drivers required to hold a Commercial Driver’s License (CDL) in Solid Waste Division. Over the course of this fiscal year, the management team has had an opportunity to evaluate the operation of the Division and how it should function. Previous management had implemented a plan to make all existing and new hires have a CDL license. The fact is the department has only nine (9) vehicles that require a CDL license to operate. The rest of the fleet requires only a normal Class E license to operate the vehicles. After evaluating the needs of the drivers versus the vehicles, Staff has determined that only fourteen (14) of the nineteen (19) drivers need to have a CDL license. This will allow for coverage and staffing of the nine (9) commercial vehicles in the event of driver absences due to illness, vacation, etc. This change will become cost-effective as staff is reevaluating the redundancy that was put in place related to employees obtaining CDL licenses. A couple of years ago, the Village had a limited number of employees with a CDL. A CDL certification is required to operate the Village’s garbage trucks. Having a limited number of certified drivers led to service delivery challenges when those drivers were not available to work. As a result, Solid Waste employees were all trained and received a CDL in order to operate the Village’s garbage trucks. Staff believes that a lower level of redundancy might be more effective and will evaluate this change during the year. Recommendation: Village Staff Requests Council consideration and approval of the attached Resolution amending the Fiscal Year 2022 Comprehensive Pay Plan by deleting two (2) full-time Solid Waste Drivers/Operator positions and adding two (2) full-time Solid Waste Collector positions in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING THE COMPREHENSIVE PAY PLAN ADOPTED AS PART OF THE FISCAL YEAR 2022 BUDGET TO ELIMINATE TWO FULL-TIME SOLID WASTE DRIVER/OPERATOR POSITIONS AND ADD TWO FULL-TIME SOLID WASTE COLLECTOR POSITIONS WITHIN THE PUBLIC WORKS DEPARTMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2021-17 (“Budget Ordinance”) on September 23, 2021, the Village Council adopted the Comprehensive Pay Plan as part of the annual budget for Fiscal Year 2022; and WHEREAS, Section 5 of the Budget Ordinance authorizes the Village Council to revise the Comprehensive Pay Plan by Resolution during the course of the Fiscal Year; and WHEREAS, at the recommendation of Village Staff, the Village Council wishes to amend the Comprehensive Pay Plan to reclassify positions within the Solid Waste Division of the Public Works Department; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby amends the Comprehensive Pay Plan for Fiscal Year 2022 to eliminate two full-time Solid Waste Driver/Operator positions at Pay Grade 107 and add two full-time Solid Waste Collector positions at Pay Grade 104. Section 3. All other provisions of the Comprehensive Pay Plan, to the extent not specifically modified herein, shall remain in full force and effect. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH COUNTRY CLUB GOLF OPERATIONS TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Chad Girard, P.E., Assistant Public Works Director DATE: April 14, 2022 SUBJECT: RESOLUTION – Accepting a proposal from Pantropic Power, Inc. to repair the generator radiator at the Public Safety building in the amount of $35,497.50 and authorizing execution of a Contract Village Staff is seeking Council consideration and approval of the attached Resolution accepting the proposal from Pantropic Power, Inc. (AKA CAT), the generator manufacturer, to replace the existing radiator in the generator at Public Safety building and rent a standby generator during the repair to ensure no power loss during the several week repair. Background: During a standard maintenance cycle it was discovered that the radiator for the Public Safety generator is showing severe signs of wear. After looking into the options available for repair, it was decided that replacing the radiator is the best course of action. The scope of work includes the replacement of the existing radiator, thermostat, belts, install new CAT coolant and test the generator to ensure it is working appropriately. While this work will only take approximately two (2) weeks, staff is recommending that a standby generator be rented and hooked up during the repair process to ensure that the Public Safety building is still available to operate in case of a power outage. Quotes: Village staff worked to obtain quotes from four (4) vendors for this repair and received the following: Pantropic Power, Inc. (AKA CAT) $ 24,875.00 Genset Service, Inc. (Generac) $ 24,609.00 TAW Power Systems (Kohler) $ 34,625.50 IEA $ 36,864.00 Village staff also obtained quotes from three (3) vendors for the rental of the generator and they are as follows: Pantropic Power, Inc. (AKA CAT) $ 10,622.50 TAW Power Systems (Kohler) $ 10,920.00 Sunbelt Rentals $ 13,102.12 While not the lowest quote, Staff is recommending Pantropic Power (AKA CAT) as the lowest, best bid. The generator is a CAT generator and utilizing the manufacturing company to perform the repair provides the best case scenario for the repair performing as intended. Account Information: Fund Department / Division Account Number Account Description Amount General Fund Public Works / Facility Services A5519-34650 Repair & Maintenance - Machinery & Equipment $35,497.50 The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution accepting a proposal from Pantropic Power, Inc. for the repair of the Public Safety Generator and rental of a standby generator at a total cost of $35,497.50, with funds expended from Account No. A5519-34650 (Public Works – R&M Machinery & Equipment), and authorizing the Mayor and Village Clerk to execute a Contract for such services in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING PROPOSALS FROM PANTROPIC POWER, INC. FOR REPAIRS TO THE PUBLIC SAFETY GENERATOR AND RENTAL OF A STANDBY GENERATOR AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village is in need of repair/replacement of the radiator for the Public Safety building generator and the rental of a standby generator during the period of repair; and WHEREAS, Village Staff solicited written quotes for the work and recommended accepting the proposal submitted by Pantropic Power, Inc. because the company manufactured the CAT generator currently in use and submitted the lowest combined quote; and WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposals from Pantropic Power, Inc. for the repair to the radiator for the generator at the Public Safety building and for the rental of a standby generator during the period of repair at a total cost of $35,497.50, with funds expended from Account No. A5519-34650 (Public Works/Facilities Services – R & M/Machinery & Equipment), and authorizes the Mayor and Village Clerk to execute the Contract, a copy of which i s attached hereto and incorporated herein. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 6 CONTRACT This Contract is made as of this _______ day of ______________, 2022, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (hereinafter “VILLAGE”), and PANTROPIC POWER, INC., a Florida corporation (hereinafter “CONTRACTOR”), 8205 N.W. 58th Street, Miami, Florida 33166, whose F.E.I. Number is 59-2749643. RECITALS WHEREAS, the VILLAGE solicited quotes for the repair and replacement of the radiator for the generator at the Public Safety building and for the rental of a standby generator during the period of repair (“Work”); and WHEREAS, the VILLAGE wishes to accept the proposals submitted by CONTRACTOR, and CONTRACTOR has agreed to perform the Work in accordance with the terms and conditions of this Contract. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. CONTRACTOR’s Services and Time of Completion. A. CONTRACTOR shall perform the Work in accordance with its Estimate for radiator removal and repair/replacement dated March 28, 2022, and its Estimate for rental of a standby generator dated March 30, 2022, which are incorporated herein by reference. Notwithstanding any provision in the Estimate, CONTRACTOR shall not be entitled to a possessory lien in connection with the VILLAGE’s equipment. B. This Contract shall remain in effect until such time as the Work is completed, inspected and accepted by the VILLAGE, provided, however, that any obligations of a continuing nature shall survive the expiration or termination of this Contract. C. The total cost of the Work shall not exceed Thirty-Five Thousand Four Hundred and Ninety-Seven Dollars and Fifty Cents ($35,497.50). D. The services to be provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to CONTRACTOR to proceed and shall be completed within thirty (30) calendar days. 3. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(C) above without prior written consent of the VILLAGE. Page 2 of 6 CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s representative, indicating that goods and services have been provided and rendered in conformity with this Contract, and they then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account wil l thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 4. Insurance. During the term of this Contract, CONTRACTOR shall maintain the following minimum insurance coverages and provide certificates evidencing such coverage to the Village (all insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida): A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability, including contractual liability insurance in the amount of $1,000,000 per occurrence to protect CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract. B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles. C. CONTRACTOR shall carry Workers’ Compensation Insurance and Employer’s Liability Insurance for all employees as required by Florida Statutes. D. All insurance, other than Worker’s Compensation, Automobile and Professional Liability Insurance, to be maintained by CONTRACTOR shall specifically include the VILLAGE as an “Additional Insured”. 5. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or employees. Page 3 of 6 B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Contract for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. 6. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply with all applicable federal, state and local laws, regulations and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 7. Warranty/Guaranty. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of one (1) year following completion of the Work and successful final inspection or as otherwise set forth in the Estimate. Should any Work fail to comply with this warranty during the warranty period, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR’s sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. 8. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing services pursuant to this Contract for at least five (5) years after termination of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. 9. Protection of Work and Property. A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage, and shall protect the VILLAGE’s property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such protection. B. Until acceptance of the Work by the VILLAGE, the VILLAGE’s property shall be under the charge and care of CONTRACTOR and CONTRACTOR shall take every necessary Page 4 of 6 precaution against injury or damage to the work by the action of elements or from any other cause whatsoever, and CONTRACTOR shall repair, restore and make good, without additional Work occasioned by any of the above causes before its completion and acceptance. C. CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. 10. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. B. CONTRACTOR is, and shall be, in the performance of all W ork under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Work performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s sole direction, supervision, and control. CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. C. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties knowingly, voluntarily and intentionally waiver any right they may have to trial by jury with respect to any litigation arising out of this Contract. D. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. E. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. F. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. G. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated Page 5 of 6 herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. In the event of a conflict between this Contract and CONTRACTOR’s Estimate, the terms of this Contract shall control. H. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. I. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: (1) Keep and maintain public records required by the VILLAGE to perform the service. (2) Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. (4) Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains Page 6 of 6 public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. J. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. PANTROPIC POWER, INC. By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH By: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY VILLAGE OF NORTH PALM BEACH PLANNING COMMISSION REGULARMEETING MINUTES TUESDAYFEBRUARY1, 2022 Present:Cory Cross, Chairman Donald Solodar, Vice Chair Thomas Hogarth, Member Jonathan Haigh, Member Kathryn DeWitt, Member Scott Hicks, Member Nathan Kennedy, Member Len Rubin, Village Attorney Jeremy Hubsch, Community Development Director Alex Ahrenholz, Principal Planner Zakariya Sherman, Leisure Services Director Council Member:David Norris,Council Member I. CALL TO ORDER Chairman Crosscalled the meeting to order at 6:30PM. A. ROLL CALL All members of the Planning Commission were present.Mr. Haigh arrived at 6:35 PM. II. APPROVAL OF MINUTES The Minutes of theJanuary 11, 2022Regular Meetingwere approved as written. III. DECLARATION OF EX PARTE COMMUNICATIONS There were no Ex Parte Communications declared by the Board. IV. QUASI JUDICIAL MATTERS / PUBLIC HEARING Attorney Len Rubin swears in all persons speaking. A.SITE PLAN AND APPEARANCE REVIEW 1.Anchorage Park Boat Storage Application by the Village of North Palm Beach for the redesign of the existing dry boat storage yard atAnchorage park. Mr. Hubschintroduced Leisure Services Director, Zakariya Sherman, whobriefly spoke about the plans and introduced the civil engineer and landscape architects who will make the presentations.The Villageis seeking Minutes of Village Planning Commission Regular Meeting held onJanuary 11, 2022 to redesign the dry storage compound at Anchorage Park to construct a more secure, functional and attractive storage facility. The new dry storage area will accommodate the current four (4) separate storage areas into one 1) area on the north side of the park. The new compound will be enclosed by a perimeter structure with a secure entrance and illumination, in accordance with Crime Prevention through Environmental Design (CPTED) principles. The presentations have been made to the Recreation Advisory Board who provided input on functional components and the Police Department has also been included in the planning process to ensure security issues have been addressed. Adam Swaney,Civil Engineer, Engenuity Group,was present to represent the project.He presented the proposed plans for the storage parking lot, which is currently unpaved,to be paved and will be expanded to include more stalls. The expansion and paving will have an impact on drainage and water runoff, resulting in storm water impacts. Underground storm water storage and exfiltration trenches with two small dry retention areas are being proposed. A permit will be submitted to the South Florida Water Management District to mitigate any additional runoff. No existing trees will be affected. The area at the boat wash will be widenedto accommodate turn around, and rerouting of the path and paving the area with asphaltare also proposed. Emily O’Mahoney& Kevin Smith, Landscape Architects, 2GHO, werepresent to represent the project.She presented recommendations for the enclosure and landscaping designs,after meeting with the Recreation Advisory Board.The Board’s recommendations included not relocating the path behind the ball field as itis currently located close to the current road, and relocatingan oak tree outside of the boat storage, which overhangs onto the stored boats. Removal of the exotic plants along the north buffer is planned, Zones have been suggested for the landscaping plan for either phasing in or for reference. Zone “A” would bethe plantingof a mangrove hedge to create a buffer along the water, which the neighbors are wanting. Zone “B” would be planting sabal palms, saw palmetto and coco plum along the top of the bank, and Zone “C” is an understory buffer below the large ficus trees. The proposed fence isgrill type with a calusia hedge. The Chairman askedfor comments from the public. Shawn Woods, 532 Kingfish Rd., concerned with the amount of asphalt, which generates heat and the possible deterioration of the boat trailer andRV tires. Concerned aboutthe amount of water around the roots of the oak trees. Also would like to see plants that would provide food sources for pollinators and butterflies.Concerned about the cost. Chris Ryder, 118 Dory Rd. S, prepared extensive notes for the record in addition to making public comments. Concerned about thedouble walkway, would like consideration of different choice of ground cover, concerned about the amount of asphalt andthe impacts of storm water runoff and storage, feasibility of planting mangroves in lieu of keeping the seagrapes, cost of project andfuture maintenance, and would like his comments to be considered. Tim Hullihan, 840 Country Club Dr., spoke about the overuse of calusia plants/hedges, spoke against removing the pathwayto accommodate more boats,stated the oak treeto be relocated isactually in the fence, and expressed concern about the aesthetics of the storage area getting so close to Anchorage Dr. Also feels the use of pervious pavement and the ability to pave it is favorable. Kim Pasqualini, 632 Inlet Rd., concerned about the removal of the plants currently providing a buffer on the north end as it will disrupt the animal habitats established there and will also affect her view as she lives across the 2 Minutes of Village Planning Commission Regular Meeting held onJanuary 11, 2022 canal. Her view will be the fence, boats and RV’s while she waits for the mangroves to grow. Also concerned about the cost. Mary Phillips, 525 Ebbtide Dr., says she uses the park and the walkway every day, concerned about relocating the oak treeagain as it was originally relocated from US 1,concerned with the loss of green space at the park to accommodate boat parking. There were no comments from the public participating via Zoom. The Chairman closed the public comments. The Planning Commissions members discussed whether removing the path or relocating the path, will it impact the ball park; concern about future costs to maintain asphalt;what will fortify the canal bank if the vegetation is removed; are fence details available; is there a funding source for the project; whether alighting plan has been developed for the storage area; concern regarding the cost maintaining mangroves; would like other considerations to be explored in lieu of a calusia hedge; recommending that other surfaces be explored in lieu of asphalt; whether the Planning Commission is to make a formal recommendation with the plans only 60% complete;concern regarding changing the view for residents of Inlet Rd. by removing the current vegetation; concern about the curving top of the fence feels prison like andrecommending a prettier option; what the netgain of spaces will be at completion; whether a plan for the south side phase of renovation has been developed; whether the turning radius at the boat wash will accommodate larger boats; and desire to see more green space. Mr. Swaney and Ms. O’Mahoney addressed the concerns of the public and the Planning Commission members. Mr. Rubin advised that the Village Council will be making the final approval of the Anchorage Park plans, and the item will come back to the Planning Commission once the plans are completed, therefore the Board’s input will be considered during the finalization process. The Planning Commission is not required, at this time, to make a Motion or Recommendation to Village Council. 2.2022-0035 Benjamin School Parking Lot Application by Urban Design Studios on behalf of Benjamin Private School Inc. for amendment to parking, paint colors and signage at 11011 US Highway 1. Joni Brinkman, Urban Design Studio, presented the project to the Planning Commission. The Benjamin School purchased the property in 2021 to expand parking and facilities for the campus. Prior to that, the subject site operated as a gas stationand a bank. Dueto the prior use of a gas station on site, environmental remediation efforts will be undertaken inthe front portion of the site along US-1. Temporary fencing will be installed to secure the easternportion of the site containing the row of 13 parking spaces along US-1 and the principal building, while this work takesplace.It is anticipated thatthe entirety of the environmentalremediation work will last 1 year.The building is intended to be used by maintenance staff for storage and offices. No educational use of the building is proposed. Once the school determinesthe ultimate us of the building, the appropriate zoning process will take place at that time. Parents and staff going to the existing buildings further down McLaren Road will utilize the parking lot. The drive thru lanes on the west side of the building will be removed and an additional 14 spaces added to the existing 36 3 Minutes of Village Planning Commission Regular Meeting held onJanuary 11, 2022 on site, for a new total of50 parking spaces. As an office use, the building will require 10 spaces, and will be well over-parked. Included with the application are an Affected Area Site Plan and Affected AreaLandscape Plan depicting the revised parking lot layout in the westernportion of the lot. Alsoincluded are representative depictions of the proposed updates to the freestanding signageand the repainting of the principal building to match similar themes of the existing BenjaminSchool Campus.Staff also confirmed the allowance of two existing nonconformities to remain in regard to thedumpster enclosure encroaching 1’ into the 5’ northern landscape buffer, and the free- standingmonument sign encroaching in the required 10’ front setback located 8.9’ away from the frontproperty line and encroaching into the 25’ street intersection corner clip. While these areexisting non-conformities, there is no negative impact on surrounding properties. The locationof the dumpster is properly screened from the neighboring Benjamin School site as thelandscape buffer contains a masonryin between the site and the school. The Chairman asked for comments from the public. Seeing there were no comments, the Chairman closed the public comments. Leslie Downs, CFO, The Benjamin School, 9513 SECovePoint St.,Tequesta, was present to representthe project. The Planning Commissions members discussed whether any landscapeis planned along US 1; what is the time frame for determination of future building use; whether the school is aware of the Village’s future plans for the US 1 corridor, north of Parker Bridgeto PGA Blvd.;whether there is a sidewalk for people to get from the parking lot to the schooland is it accessible for those with mobility issues; what type of fencing will be used for the remediation project; and whether any future sidewalk is part of the PUD.The Board also discussed requiring completion within two (2) years, installing green screen around the fence and addition of a Knox Box for emergency vehicle access. Motion: Mr.Haighmoved toapprove the application as submittedwith Staffsconditionsthatthe property owner submit a Business Tax Receipt before occupancy of the building and building permits shall be submitted for the work, and the condition that apedestrian sidewalk from the parking lot to the schoolbe installed where feasible. Mr. Hogarthseconded the motion, which passed 7-0. B.BOARD OF ADJUSTMENT 1.932 Shore Dr.Appeal Application submitted by NP Management LLC for an appeal to the administrative denial of permit 2021-1516. Mr. Alex Boxner will be acting as Counsel for the Planning Commission. Mr. Santo DiGangi, Attorney, 303 Banyan Blvd., Suite 400, West Palm Beach, waspresent to represent the Appellant. Mr. BruceKemp, Electrical Contractor, 4567 Southern Blvd., West Palm Beach, was also present. 4 Minutes of Village Planning Commission Regular Meeting held onJanuary 11, 2022 Mr. DiGangi submitted several documents to be included in the record. They included a power point presentation, transcript of the 4/13/2017 Village Council Meeting, transcript of the 8/10/2017 Village Council Meeting, and letter from Attorney Gregory Coleman to Attorney Len Rubin dated 12/9/2020. Mr. Rubin objected to the submission of the transcripts. Mr. DiGangi stated the reason for the appeal, and introduced Mr. Kemp, the electrical engineer. Mr. Kemp stated the permit application history and subsequent denial from Community Development Director Jeremy Hubsch. Mr. Kemp states that the denial was for the installation of mechanical equipment in the front yard. He explained that the equipment is not considered mechanical equipment, and if the front yard was not acceptable, it could be placed along the side yard. He further states that the second reason of denial was that the dock, which was permitted, fails to meet the definition of a legal private dock per the Village’s Code as the dock will not be used by an occupant of the primary residence or members of the occupant’s family. He refutes this statement stating that Mr. Bozzuto legally owns the house, would like to put his boat at the dock and how long he utilizes the home is of no one’s concern.He recommends that the Planning Commission overturn the Director’s denial. Mr. Rubin asked Mr. Kemp what is the reason to convertthe current single phase power to three phase power. Mr. Kemp repliedthat it is what the “vessel wants”. Mr. Rubin asked why would this vessel want this much power, and Mr. Kemp stated it was due to its size. Mr. Hubsch presented the historyfor the denial. The appellant’s property is a traditional single family homein a residential neighborhood, buthas an FPL pad mounted transformer, a step up transformer and an electrical room, with a complex electrical plan, the likes the Village has not seen before. There are also seven(7) pedestalslocated along the back. TheVillage Code addresses the aesthetics of mechanical utility hardware, which includes transformers, that theyneed to be located behind the property line. The example provided by the appellant of transformers in front yards is in the Pepperwood neighborhood, a development that was annexed into the Village, they are not located throughout the Village. In addition, when the Village was platted in the 1960’s, the waterways were not designed to accommodate a 112 foot yacht. The typical residential home with a boat does not require three (3) phase power and an electrical room. The Chairman asked for comments from the public. Lisa Gallagher, 704 Teal Way, spoke in opposition to the appeal. Rita Budnyk, 804 Shore Dr., spoke in opposition to the appeal. Beth Ehinger, 879 Country Club, (read by Rita Budnyk) spoke in opposition to the appeal. Scott Goodby, 717 Teal Way, spoke in opposition to the appeal. Mark Michaels, 648 Shore Rd., spoke in opposition to the appeal. Deborah Cross, 2560 Pepperwood Cir. S., spoke in opposition to the appeal. Lisa Jensen, 606 Shore Rd., spoke in opposition to the appeal. Shawn Woods, 532 Kingfish Rd., spoke in opposition to the appeal. Chris Ryder, 118 Dory Rd. S,spoke in favor of approval of the appeal. Andrew Faigen, 1013 Country Club Dr., spoke in opposition to the appeal (via Zoom) The Chairman closed the public comments. 5 Minutes of Village Planning Commission Regular Meeting held onJanuary 11, 2022 The Planning Commissions members discussed why the applicant is not present to represent himself and is relying on testimony of the electrical contractor and attorney; what is the intent of the dock ordinance specifically in regards to owner or occupant; whether the yacht will have a crew and where will they live; who will live at the house; whether the information in “Exhibit A” is truthful in that Mr. Bozzuto will occupy the residence; whether the locating of the transformer to the side yard will remain to pose an issue; whether the yacht “Honey” is planned to be docked at the residence; whether other similar permits have been denied in the Village; whetherthe vessel can use single phase power; whether a homeowner who rents out his house can use the dock; what is the number of boats that are planning to be docked that will require the number of pedestals; and discussion that this amount of power and equipment appears more like a commercial marina than a single family residence. Motion: Mr. Hogarthmoved todenythe appeal. Ms. DeWittseconded the motion, which passed 7-0. V.ADMINISTRATIONMATTERS A.Staff Updates: Zoning in Progress will be hopefully be brought back to Planning Commission atthe April meeting. 200 Yacht Club project is redesigning to do away with the height waiver. B.Commission Member Comments: Boat size allowances/restrictions shouldbe addressed in the Code. There is enough community concern for regulations to make it necessary to discuss. Status of the North Palm Beach Marina project. Status of the State Farm Insurance project. VI.ADJOURNMENT With there being no further business to come before the Board, the meeting adjourned at9:17PM. Minutes typed by Jane Lerner 6 1 THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office THE BEST PLACE TO LIVE UNDER THE SUN” Environmental Committee Meeting MINUTES Anchorage Park Monday, February 7, 2022 6:00 pm 1. Call to Order: Vice Chairman Lisa Interlandi called the meeting to order at 6:00 pm. 2. Roll Call: Present: Lisa Interlandi, Mary Phillips, Camille Carroll, Kendra Zellner, Ellen Allen, Shawn Woods Absent: Karen Marcus Also Present: Andy Lukasik, Village Manager; Ken Hern, Streets & Stormwater Manager 3. Public Comments: a. Resident Chris Ryder, 118 Dory Road S.: i. Dry storage area - provided a handout of his proposed ideas. ii. Swales and power line undergrounding – recommends FPL install power line conduit to prevent damage while installing swale trees. Undergrounding project could possibly assist in stormwater drainage. iii. C-17 canal: 1. Shorelines stabilization – all man-made canals should be treated the same and shouldn’t be treated like a river. 2. Mangroves (Zone 1) – most restrictive in SFWMD documentation. iv. Lozman floating dock – recommends we not engage with him. v. Board and committee meetings - designate one councilmember to attend each meeting. b. Mary Phillips spoke on behalf of a resident who is master gardener. She said the Town of Palm Beach’s Garden Club website states that bird and Butterfly numbers are decreasing. She recommended that our community garden committee operate as the North Palm Beach Garden Club in order to build upon what the Town of Palm Beach Garden Club established. Mary Phillips suggests perhaps residents could offer to plant a butterfly garden on their property. The resident also suggested perhaps the Village could start a seagrass club similar to the Harbor Branch Seagrass Club and plant seagrass in the Earman River to feed Manatees. Lisa Interlandi stated that seagrass will only grow in certain compatible locations. 2 4. The Minutes of the January 10, 2022 regular meeting were approved. 5. Anchorage Park Dry Storage Area Plan Presentation by 2GHO engineers Emily O’Mahoney: a. 60% plans complete for boat storage. b. Latest draft addresses the boat storage enclosure with the goal of increasing the number of spaces for boat trailers and RVs. c. Andy Lukasik stated that, during several phases of renovation, some key goals are to remove existing exotics, implement weed control improvements and increase the size of the canopy. d. Committee expressed concerns regarding the type of material used for parking areas: impervious vs. pervious however, cost may be a factor. e. Committee emphasized that the safety of birds and manatees must be considered. f. Committee recommended a pathway along the north fence line however, available space may be prohibitive. g. Committee expressed concerns regarding boat wash waste water drainage destination. Ken Hern stated that it drains into a catch basin. h. Lighting - Committee recommended utilization of down lighting that will comply with “dark skies” ordinance. i. Screening: i. Committee requested consideration be given to the northern tree line to ensure tree diversity and varying heights. ii. Committee concerned that existing Ficus trees create challenges with understory vegetation growth. iii. Committee requested additional options, other than a hedge, at the fence line due to hedge height capabilities and the high level of maintenance required. iv. Committee recommended considering expense of tree relocation and the likelihood that they may die, compared to total replacement. v. Committee recommended utilizing a variety of fast-growing native plantings. vi. Andy Lukasik mentioned that a test area could be installed in southern Anchorage Park for committee review. vii. Lisa Interlandi recommended the committee visit her property at 150 S. Anchorage Drive to see the native plantings in her front yard. 6. Community Greening: a. Tree Canopy Survey - Ken Hern requested quotes from three (3) companies. The first company to respond quoted $19,200.00. Staff are waiting for the other two (2) companies to respond. b. Grant Opportunities - Ken Hern stated that staff continue seeking grant opportunities. c. Heritage Day Tree Giveaway: i. Ken Hern mentioned that Chairperson Marcus is researching which species should be given away and the US Forestry Service will provide information as well. ii. Staff are researching funding sources for the trees. 3 d. Miscellaneous: i. Committee stated that Arbor Day is on April 29. ii. Committee recommended implementation of tree planting parties for community engagement. 7. Urban Garden: a. At the next committee meeting, they will discuss: i. Board member titles. ii. Responsibilities. iii. Supplies. iv. Advertising. v. March 12 Grand Opening event. 8. Water Quality Initiatives: a. Ken Hern stated that the RFQs for the Stormwater Master Plan have been received and there will be an evaluators’ committee meeting in early March. b. Ken Hern stated that three (3) Lita Traps will be installed next week. Locations will be the east alleyway and neighborhoods close to waterways. c. Ken Hern stated that water quality testing is being conducted in Country Club ponds. 8. Lakeside Park Berm – Ken Hern stated that staff are currently working on plant signage. 9. Clean Up Events - Committee mentioned that Keep America Beautiful is on Friday, April 1. 10. Car Charging Stations at the Country Club: a. Andy Lukasik stated that FPL is still working on design and engineering. b. Andy Lukasik mentioned that he will re-engage with EVolution. 11. Ban on Plastics - Business Promotion - Draft House - Andy Lukasik mentioned that Ed Cunningham is still working to connect with owner Randy Epstein. Ken Hern stated that he left several messages for Randy however, hasn’t received a return call. 12. Speaker Series: a. The Reef Institute – approx. fifteen people attended. b. Solid Waste Authority is being considered for future events. 13. Residential Ad Hoc Committee - Lisa Interlandi mentioned that the next meeting is on February 22 and encouraged committee member attendance. 14. Natural Shoreline Protection: code language - Andy Lukasik stated that there is no update at this time. 15. Golf Course Ponds: littoral planting plans - Andy Lukasik stated that we are currently stabilizing the banks and plantings will follow. 4 16. Lozman Floating Structure - Andy Lukasik stated that there is no update at this time. 17. Next meetings: the next meeting will be on March 7, 2022 at 6:00 pm in the Anchorage Park building. 18. Adjournment: the meeting adjourned at 7:14 pm. VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARED MEETING MINUTES FEBRUARY 22, 2022 CALL TO ORDER Chairperson Christine DelGuzzi called the meeting to order at 7:00 PM. ROLL CALL Present: Julie Morrell, Library Manager Christine DelGuzzi, Chairperson Phyllis Wissner, Vice Chairperson Bonnie Jenkins, Secretary Brad Avakian, Member Tina Chippas, Member Carolyn Kost, Member Leslie Metz, Member Dr. Deborah Searcy, Vice Mayor APPROVAL OF MINUTES Minutes for the January 26, 2022 meeting were approved after a motion made by Carolyn Kost and seconded by Tina Chippas. LIBRARIAN’S REPORT Library Manager Julie Morrell reported the following: AARP Tax Aide at the Library continues through April 15th every Wednesday and Friday from 9:00am – 12:30pm; o They are in Bob’s Garage and the Obert Room; o Masks are required for both volunteers and patrons; o Service is first come first served, no appointments taken over the phone; in-person appointments for the following day are made if time runs out Upcoming Books & Bites will be April 12th at 11:00 at the North Palm Beach Country Club o Will feature The Attic on Queen Street author Karen White. Children’s Programming o Two story times are held each week; Attendance has risen to approximately 15 children. Teen Programming: o S.O.F.T. Program continues to be filled (30 positions). Average daily attendance is slightly down due to sports programs starting. Adult Programming: o Knit and Crochet on Mondays attendance increased to an average of 12 members. o Quilting group is back on Fridays. o Friday Yoga in the Park with Mi Sun continues to average 12 people and a dog. o Adult Crafts met on February 17th The craft was a jute rope spiral coaster. o Author Talk with Charles Todd was held February 9th; 22 people attended. o Great Courses Lectures was started January 5th; The topic continued to be The Celtic World and what it means to be Celtic, from the past to the present conducted by Professor Jennifer Paxton, Director of University Honors Program at the Catholic University of America. A total of 28 patrons have attended so far. o Adult Book Club was held February 3rd; this month was Harlem Shuffle by Colson Whitehead; It was a follow-up to The Nickel Boys, which was the Pulitzer Prize; 9 members of the book club attended; o Friends of the Library: The Annual Book Sale was held January 25th through January 29th; Sales went very well and over 2/3 of the books were sold; Leftover books were donated to various charities; 14 new memberships and 12 renewals were made; Book sale raised $2490.00. February’s Raffle is a 50/50 – half of the ticket proceeds will go to the winner and the other half to the Library; The drawing will be held March 17th Circulation continues to increase overall. o Overdrive app will be going away in lieu of the newer Libby app (some company.) Special Events: o St. Patrick’s Day Bingo Will be held March 17th at 6:30 pm; Adults only; Single admission price; FOL applying for permit to be able to sell green beer o Heritage Days – April 1st and 2nd Library staff will be helping sell tickets and monitor activities at Anchorage Park The Library will be closed on Saturday due to the parade OLD BUSINESS None NEW BUSINESS The Advisory Board Dinner will be held March 5th. QUESTIONS AND ANSWERS Carolyn Kost inquired about the Summer Program. Manager Morrell stated the program would be back Oceans of Possibilities. Meaghan is working on having the same science provider from prior years to return. There will also be a Japanese Drumming group featured. The free kid’s lunch program will also return. ADJOURNMENT Carolyn Kost motioned to adjourn the meeting. Leslie Metz seconded the motion and the meeting adjourned at 7:15pm. Respectfully submitted by Bonnie Jenkins VILLAGE OF NORTH PALM BEACH PLANNING COMMISSION REGULARMEETING MINUTES TUESDAYMarch1, 2022 Present:Donald Solodar, Vice Chair Jonathan Haigh, Member Kathryn DeWitt, Member Nathan Kennedy, Member ScottHicks, Member Len Rubin, Village Attorney Jeremy Hubsch, Community Development Director Alex Ahrenholz, Principal Planner Not Present:Cory Cross, Chairman Thomas Hogarth, Member I. CALL TO ORDER Vice Chairman Solodarcalled the meeting to order at 6:34PM. A. ROLL CALL All members of the Planning Commission were presentexcept Mr. Cross, Mr. Hogarth and Mr. Hicks.Vice Chairman Donald Solodar Chaired the meeting in the absence of the Chairman, Mr. Cross.Mr. Hubsch arrived at 6:40 PM. Mr. Hicks arrived at 6:54 PM. II. APPROVAL OF MINUTES The Minutes of theFebruary 1, 2022Regular Meetingwere postponed until the April meeting. III. DECLARATION OF EX PARTE COMMUNICATIONS There were no Ex Parte Communications declared by the Board. IV. QUASI JUDICIAL MATTERS / PUBLIC HEARING Attorney Len Rubin swears inall persons speaking. A.SITE PLAN AND APPEARANCE REVIEW 1.State Farm Signage Application bySignarama NPB for the building sign, ground sign and fencing relocation for the State Farm insurance office currently under construction at 9458 Alternate A1A Minutes of Village Planning Commission Regular Meeting held onFebruary 1, 2022 Mr. Ahrenholz presented the staff report and recommendations.The building was reviewed at the June 8, 2021 Planning Commission meeting where a condition of approval was added to have signage submitted for review at a later date. The signage was not designed at the time and placeholders were included for reference. Additionally, the fence locations changed during construction along the front and rear of the property.This application includes acabinet ground sign at the south of the entrance in the same location as shown on the approved site plan. It will have aten (10) foot setback from the right-of-way which permits a thirty (30) square foot sign. The proposed sign is thirty (30) square feet and 5.75 feet high. A condition of approval will be added to provide the “9458” building numbers along the base of the sign at a minimum letter height of 6 inches to meet the code.The State Farm national branding trademark requires red lettering on a white background. With that requirement, the sign must be a cabinet.The proposed building sign is in the same configuration as shown on the approved architectural elevation. It is 24.5 square feet and mounted at a height of twelve (12) feet. It is an internally illuminated sign cabinet with the trademarked State Farm logo,immediately above the main entrance to the building. The additional request is for achange to the approved fencing along the rear (east) and the front (west) property lines. The old wooden fence, installed by the rear residential properties mistakenly on the subject property, was removed during construction. In coordination with the residents, a new six (6) foot PVC fence has been installed to replace the wood fence and provide better privacy. The black aluminum fencing previously proposed would be superfluous in this area. Since the order was already placedand fencing is ready to install, the applicant is requesting to relocate the rear fencing to the front buffer. A condition of approval has been added for the fencing to be placed immediately behind the cocoplum hedge. Staff recommends the Commission include the following conditions as apart of their order: 1.Applicant shall add 6 inch building numbers to the base of the monument sign on both sides. 2.Applicant shall place the proposed fence along Alternate A1A immediately behind the cocoplum hedge. Lisa Mardar, Signarama North Palm Beach, was present via Zoom to represent the project. The Planning Commissions members discussed the fence being placed behind the hedge; whether the fence was part of the original request; discussion regarding the placement of the fencing in front of the building; and whether the fencing beyond the 20 ft. setback is a waiver or variance. Motion: Mr. Haighmoved toapprove the application as submittedwith Staff’s conditions, and with the conditions that six (6)inch numbers be added at themonumentsign baseon both sides, approve the fencing except for the portion along A1A,that enough space is provided between the rear fencing for landscape maintenance, and confirm with the Building Department for Code Compliance.Ms.DeWittseconded the motion, which passed 5- 0. V.ADMINISTRATIONMATTERS A.Staff Updates: thAdvisoryBoardDinnerisonSaturdayMarch5at the Farmer’s Table. Anticipate bringing the Residential Code rewrite before the Planning Commission at the next meeting. Pushback received from the community regarding the density of the200 Yacht Club Dr. project. Council directedthe density issue to come back before the Planning Commission in April. 2 Minutes of Village Planning Commission Regular Meeting held onFebruary 1, 2022 B.Commission Member Comments: Appreciation of the recording of Village meetings and availability to download them from the website. Public Works installed a trash receptacle on the Earman River bridge on US 1. The amount of litter on the bridge has been reduced, but the receptacle is now full. VI.ADJOURNMENT With there being no further business to come before the Board, the meeting adjourned at7:14PM. Minutes typed by Jane Lerner 3 Village of North Palm Beach Recreation Advisory Board Minutes March 15, 2022 at 7:00 p.m. Anchorage Park Chairman Bob Bell X) Vice Chair Don Grill Member Maria Cassidy X) Member Paul Beach X) Member Stephen Heiman X) Member Rita Budnyk X) Member Mia St John X) Recreation Becky Ring X) Council Rep. Dr. Aubrey X) Leisure Services Zak Sherman X) Call to Order: Bob Bell called meeting to order at 7PM. Roll Call: Don Grill couldn't be here (he let the board members know ahead of time). All other members present. 2 members of public present as well. Bob Silvani and Stephen Harber. Approval of Minutes: Paul Beach made motion to approve. Maria Cassidy seconded. Public Comment: Bob Silvani: Wife Marie heads up Friends of Lakeside Park, and wife has surveyed the neighbors (11 houses) and they object to full -court basketball court. Stephen Harber: Echo Bob's comments. I can see why people want to be at the park. The community center is enough with a few courts. We provide enough basketball courts and that is enough. Concerning Golf cart parking: 83% of vehicles (at lakeside park) are not residents. Why are we adding more spaces? The parking lot is not enough for village residents. We have a sticker system for boats I would like to have it for the car parking. Would like to have the grant paid off so that we can limit the parking. Dr. Aubrey: The parking issue is on the next agenda for council. Zak Sherman: Clarified that the parking lot for Lakeside Park was not going to be on the next agenda. What was on the agenda for the 20' was the on street parking issue cars parked in people's swales and yards). Directors Report: Accomplishments Ongoing projects Programs and events Lakeside Park: Berm o Katharine from Environmental Quality Inc. presented a plan to take care of the south end. It is a little more involved than we expected because the area is wider than the rest of the berm. We'll try to address that portion with the CIP in FY23. This year, we have $35k budgeted, so we asked her to develop an alternate plan. Her new plan will focus on both sides of the south walkover (25 feet on each side). o Stephen ordered signage for the plants that Katharine previously planted (will take a few weeks to come in). o PW fixed irrigation in area of new berm plantings; installed timer. New Swing Set area o ADA ramp to swing has been installed. Pull up bars o Pull up bars have been installed. Precision o Still waiting on Precision to trim some branches overhanging the new berm work and clean up some roots that are potential trip hazards. Basketball court o Getting quote to repair concrete surface. o Slight issue with installing another hoop. A tree is in the way and would need to be severely trimmed or moved. I know we discussed beach pickleball. It's possible to turn the non -hoop side of the court into a regular pickleball court. Split rail fence o Still waiting on fencing to arrive so we can address 3 trouble areas: plan to rearrange split rail fence so vehicles don't drive over Dr. Higgin's property to enter park; installing split rail fence at end of driveway of 706 Lakeside Circle to prevent vehicles from driving into park; and adding another portion of fence to block people from driving over bushes/wheel stop into park from the north trail entrance on Lakeside Dr. Ordering more split rail for Anchorage as well as part of same order. Golf cart parking o We examined the proposed golf cart parking area with Village Manager and intend to move forward with quotes. Our goal is to move golf carts out of the main parking lot to free up spaces for more vehicles, have a designated place for golf carts to go instead of them being in the main park, and encourage more people to drive carts instead of their vehicles. o The park ranger said he sees 2 to 4 carts in the regular parking lot on any given day. We could carve out an area next to the parking lot for up to eight carts. Discussed issues with restricted parking to residents only. There is a downside. We would have to pay back a grant. Also, it would preclude us from getting the same grant from the same institution for that particular park. The plan for the Ranger was to start giving tickets to people for illegal parking. But Jim recently got another job. We have to hire a new ranger. The thinking for the golf cart parking was too move carts out of the regular parking spaces to free up more spaces for cars and also to give people a place to go when the Ranger tells them they cannot be in the park driving the golf cart. o Bob: When there are residents that can't use the park, that has to be addressed. The village is taxed for use of the park. That's not equitable. Andy and council need to come up with a plan. o Rita: I was thinking about a 2 to 3 -hour parking limit there. I feel strongly that we should not privatize the park. I agree that we need to fix parking. o Zak: if tickets weren't solving the issue, we were going to brainstorm other solutions such as limiting parking to two hours and having the Ranger chalk tries to keep track of it. But it was just an idea so far. o Stephen: people are getting on watercraft (from the park). o Maria: we talked about parking pass, without a fee. Everyone gets a pass. o Bob: you would have to come to Anchorage and get a pass. o Rita: could put it on the website. o Bob: multiple occasions where they can't close the gate. o Bob Silvani: regarding the people that are there. We have some people that are not respectable and they Leave alcohol, we found a couple having sex on the beach. Plenty of people who are not using park respectfully. Can we restrict the parking area and Keep Park public? o Zak: The park would have to be re -distributed. (in other words, it seems there are two different parcels that make up lakeside park, each with different restrictions. In theory, it may be possible to apply for a grant for one of those parcels only, but not the other. This is only a theory. However, the village has always referred to both parcels as the same place, one park (i.e., lakeside park). In the past, whenever we applied for grants, we always applied under the assumption that the park is one, not two parcels with different restrictions). o Bob: I hope that council will take up this issue. The residents want to use the park. o Zak: The town of Palm Beach Shores when they charged non-residents more money for annual passes they didn't sell all of the parking passes (they allot 30 per year). We need enough residents to express that they want that. o Paul: what about parking meters? o Bob: We can send this to counsel. Parking lot o Plan to restripe parking lot, including handicapped spot. March 21 @ 6PM o May have to close lot for up to half a day. Another option we discussed was to have the contractor come in the evening and restripe an hour before dusk and close the park early. Ranger o Still waiting for golf cart. Expected delivery date is June. o Updated our warning ticket to include illegal parking. o Bad news: our ranger Jim got a full time gig in Wellington and will be turning in his resignation. We'll need to recruit a new ranger asap. o Community Development is still working on anew ticket book. Anchorage Park: New Playground o Waiting on two final renderings; got final quotes: one is $431k and the other $429k o $450k total budget. o Once we have the final renderings, next step is outreach. We have a few sample surveys from other municipalities where they've asked residents to choose between two different playground designs. o Russ helped get us an extension on the grant. Project must be totally completed by May 31, 2023. Bob: Life expectancy of shade? Zak: 8 years (Correction: Zak said "8 years", but 8 years is actually the life expectancy for the synthetic turf. According to one of the reps, the shade structures, if properly cared for and maintained, should last 10 years or more.). Maria: the shade itself is the only thing that would need to change? Zak: right Stephen: can we sell existing playground? Zak: No, it will be disposed of when they are changing it out. Current playground o Wind messed up shade over one tower. o PW to fix; it's hard to get bucket truck on that side easily. Dry Storage o Engineers are working on 90% plans. No time table yet on exactly when that will be done. They are working to incorporate a fire hydrant into the design right now. o Windscreens have been taken down. They keep tearing because the fence, in many areas, is falling apart. Particularly, the top rail of the fence is not connected to the fence post in multiple areas, on both the north and south sides. We even had a company come out to see what they could do, but they said they couldn't do much of anything because with the top rail being compromised, there would be nothing to attach any screens to. They also said that if they attached heavy duty screens to the enclosure, the fence in multiple areas may simply fall down after a big wind storm. Put simply, the fence need replacement asap. Then again, we're proposing to build a new enclosure in FY23, so we have to wait. o Will go to Council on March 24 to amend PO to include engineering plans for a fire hydrant. Engineering costs will be $8,500.00. Current hydrants are located on corner of Anchorage and Gulf, and Anchorage and Flotilla. Estimated construction cost to be between $40-50k. Plumbing o Replaced toilet in ladies' outdoor restroom. Kayak launch area o In the process of getting third quote to clean up area (should have it next week). o The goal is to create a safe pathway to the water and then reach out to PADL for Self -Service Paddle Board Rentals. Trail adjacent dry storage on north side o Some roots are sticking through pathway. Stephen getting quote to clean up (it's a potential trip hazard). New bollard o New bollard is in. Plan to install in middle of trail so vehicles cannot pull into park area on north side by sand volleyball courts. Bollard will be removable. Also, we checked with Community Development and they said we do not need a permit to install. Volleyball courts o Added sand to north courts (about $5k worth). Pull up bars o Once side recently broke, so we removed it. We'll have to determine what we'd like to do next. o We're hoping to apply for RTP grant in 2023, which would pay for a new trail, lights along trails, and new fitness equipment. The only catch is that the Anchorage Park playground grant must be totally closed out by March 2023 in order to apply. Benches o Adding memorial bench by playground. Canal on inlet side o Tree fell down leaving gap to canal and visibility to back yards. Janitorial o Met with supervisor to discuss cleanliness of park facilities and other items of concern. Marina• ADA parking space and sidewalk project finished; precision Boded around sidewalk. Just waiting for them to sod in front of parking space. Also waiting on new railing to arrive so Mike's Aluminum can install. Boat ramp o Waiting for PW to install one more set of non -slip covers on the ramps (they already installed two). Community Center: Staffing o Fernando Varela began February 28. He is our newest Recreation Assistant. He's training two weeks at Anchorage and then he'll be stationed at the Community Center starting March 14. T -Mobile o Still waiting on T -Mobile for reimbursement for damage done to fields in December. I reached out to them yesterday to follow up. Playground o Still aiming for May/June construction. Soccer o Soccer is in full swing. o Staff in planning an end -of -season party similar to we did after flag football on Thursday, March 31. o Set up starts at 5PM; games are at 5:30 and 6:30PM. o A camera club member will be on hand to take photos of the games and award presentation. o Staff will cook food on grill. Pickleball o Continues to draw lots of interest. o We consistently have 40-50 people every day at Pickleball, with some days totaling over 60-70 participants. o Mia recently changed procedures so that all levels of players have an opportunity to play. Spring Break Camp o Registration is full! Registered 20 kids. o March 14-18. o Drop off: 8-9am / Pick up 4 -Spm. $175 Residents / $200 non-residents. Spring Basketball League o Signups now open! o League to run April 4 through May 26. o Ages K through 9`h grade. o $110 Resident/ $135 Non-resident New Rec Supervisor o We expect our new supervisor to start at the end of April. It took a while for him to secure housing. We waited for him because he was an excellent candidate. Plumbing o Plumbing has been completed at the Community Center; however, they had to come back to adjust flush setting on outdoor toilets. The flush was severely weak in the outdoor restrooms. We also found one loose faucet and one non -working toilet handle. We'll need to replace a couple more toilets in next year's budget as well. Ballfield o Installed new home plate and all new base anchors on field closest to CC main entrance. o For next year's budget, getting quotes to remove some ballfields and turn to turf/extend irrigation. Sod o Precision installed new sod next to concession stand. Summer Camp o Planning is in full swing! o First week will begin June 6th and run 8 weeks, ending July 29th o Ages 8-14 o Calendar of events/trips for June to be posted in May newsletter; July events/trips will be posted in June's newsletter. Osborne Park: Grant o Got notice to proceed from FRDAP grant for Osborne basketball courts. o Waiting on one more new quote. Bottle filler stations o Waiting for Public Works to install. Community Garden o Garden Board has been established. (7 members). o Grand opening and ribbon cutting will be March 12 at 10AM. o Next board meeting will be Monday at Anchorage to go over grant materials. o Haverland edged around the garden and filled with mulch. They will also donated Muhly grass for garden club to plant. o Precision created mulch pathway from 1st racquetball court to garden (path runs between racquetball fence and batting cage fence). o Getting quotes for tiki hut. o Rita: Tiki but is great idea Baseball Field o Haverland finished undergrounding pipes at Osborne. o Installed new bases at softball field. Benches o Will be getting memorial bench installed by Community Garden soon. Veterans Park: Pavers o All repairs have been completed. Special Events: Bus Trip: o Butterfly World & Airboat Adventure February 10 o Winter Garden & Sandford Porchfest February 27 Experienced live bands on historic porch front in 100 -year-old neighborhood where the whole neighborhood joined in. Had 50 bands and 100 porches. Then stopped at Leu gardens on way back. o NET block party on west side Participated in block party on west side of Village on February 12. Got a solid turn out. Had bouncy house and staff cooked hot dogs on the grill. Upcoming Events: o Community Garden Grand opening Saturday, March 12 at Osborne Park from 10-12am. o St. Patrick's Day Bingo Thursday, March 17 at the library from 6:30-8:30pm. o Community Garage Sale Saturday, March 19 at Community Center from 7:30-12pm. o Heritage Day April 1 & 2: Bob Bell mentioned about a family band (musicians) that would be interested in playing Heritage Day. Zak said he'd get with Bill to check them out. North Palm Beach is back this year hosting our Heritage Weekend! This year, we're adding a Friday Night Heritage Day Kickoff with a Golf Cart Parade! Friday, April 1st from 6:00 p.m. to 9:00 p.m. at Osborne Park (705 Prosperity Farms Road), enjoy an evening of inflatable madness fun with ice cream, games, and lots and lots of inflatables! $5 wristbands can be purchase on- site and get you unlimited jump and play on all the inflatables. Meanwhile, get ready to charge up your batteries for the Golf Cart Parade that starts at 6:00 p.m. that Friday night. The parade begins on Alamanda Drive and ends at Osborne Park (705 Prosperity Farms Road). Participants receive four free wristbands (a $20 value!) to the inflatable fun at the Heritage Day Kickoff. Interested in participating? Get your registration forms at our Anchorage Park office or via email. Call for more details at (561) 841— 3386. Then, Saturday April 2, at 11:00 a.m., the Heritage Parade is back! The parade route runs from North Palm Beach Village Hall, Eastwind Drive, to Lighthouse, to Anchorage and concludes at Anchorage Park (603 Anchorage Drive). Sports teams, clubs, organizations, businesses, troops, and neighborhood groups are welcomed to participate by entering a marching group, a vehicle, or float. The best part? There's no entry fee! Interested in participating? Get your registration form at our Anchorage Park office or call the Parks and Recreation Department at (561) 841- 3386 and we can email you the application form. Finally, we'll conclude the Heritage Weekend at Anchorage Park (603 Anchorage Drive) for the Heritage Festival! Join us from 12:00 p.m. to 8:00 p.m. for live music, games, a cornhole tournament, putting competition, carnival rides, business expo, food, and more! See you there! Upcoming Bus Trips: o Rodeo- Arcadia, FL Friday, March 11 / 60$ Depart 10AM and return 7:30PM o Cirque Du Soleil (Lake Buena Vista, FL) Thursday, March 17 / $110 Depart 1:30PM and return 11PM o Lyric Theatre- Sharpe Family Singers (Stuart, FL) Wednesday, March 23 / $80 Depart 4PM and return 10:30PM Library: Facilities o A while back we removed two shelving units that did not have carpet underneath them. Soon, we'll be patching those areas with carpet. o Library upstairs remodel project is coming together and we have a new plan of action. We hope to replace both wall and floor shelving. New floor shelving will be on wheels to allow us to change up the design of the room in the future and also accommodate a future carpet replacement and new air handler. Estimate came in at $113k. We currently have at least $105k. o A large historical aerial photograph of old North Palm Beach has been delivered to the library and is ready to be hung by Public Works by the magazines. Staffing o Lavaughn Grace started March 1. She is our newest library clerk. Programming o Upcoming Books & Bites will be April 12th at 11AM and feature The Attic on Queen Street with author Karen White at the North Palm Beach Country Club. o Book Sale was held January 25th- January 29th Sale went very well and we sold well over 2/3 of all of the books in the sale in the five days. Most of the books and materials were discounted to sell quicker, keeping in mind the reluctance of our patrons to go out during COVID still Many of the leftover books were donated to charities such as The Lord's Place and a member of Kiwanis who brought them to the Children's Hospital Sold a record of 14 new memberships on member's only pre -sale day and 12 in-person renewals All together the book sale raised $2490.00 for the library! New Business: Dry Storage Waitlist Issue o Over the past few years, every once in a while, someone comes in and says they got put on the waitlist at some point in the past but we do not have a record of it (and neither do they). o Zak: A variety of reasons for people to say that they were on a list and no longer on the list. Recently, a man said he was on the list eight years ago. Then he came in five years ago and he wasn't on the list and he came in recently and wasn't on the list. We finally added him to the list and we gave him a receipt. o Becky: too many hands on the list in the past. o Bob: I had a roofing permit and I kept the receipt and permit and was able to prove it. Not sure what we can do other than apologize. o Becky: List was at Public Works in the past. There were many hands on the list and now it's just me (Becky). o Zak: we are looking into software that would automate the list process. Two issues that will be resolved with the updated leases: Insurance requirements and the two month/6 week being out without written notice. Both leases will be the same at two months. Both will also list a $300k liability minimum. o Board consensus: People who say they used to be on waitlist but not anymore, all we can do is listen, be sympathetic, apologize, and tell them that we've since implemented new procedures so that anyone new to the lists will receive a copy of the new waitlist form, which will serve as their receipt. People may still not be happy, but without some type of proof: a letter, or an email, or a text message, etc. (from some staff member in the past), we cannot add them to any of the lists (except as a new person at the end of the line). Charging a fee to be on waitlist? o Bob: what's the outcome of charging a deposit? o Zak: you have an official receipt. And also people would have some type of skin in the game and would probably be more active in making sure their information is correct. o Stephen: maybe it helps people to get themselves off the list. o Maria: we are redoing it (the dry storage enclosure) and we open a can of worms (if we charge to be on the list). With people being upset. (because there will most likely be a price increase). o Rita: I like a paper record o Bob: Let's table it for now (charging to be on waitlist). Community Center Gym Schedule o In the past (years ago), staff used to keep gym open for schools or open gym after school. Over the years, there have been some staff changes, then Covid hit, and then of course some of the things we did in the past were not known to new staff. Once Covid eased up, staff filled the gym with renters and now the prime spots for afterschool activities or local school sports are not available. We need a vision for what we want our afternoon gym schedule to look like. We also do sports for 3- 5 years old on Monday and Tuesday afternoon. Gymnastics uses the gym Wednesday and Friday. That leaves only one spot, Thursday from 3-4:30pm open. St. Clare and TCS need a place to practice and play games. They do not have facilities. In the past they did use the gym. We can accommodate St. Clare on Tuesday and Thursday and TCS on Monday and Wednesday. That leaves Friday afternoon open for minis (and other time slots earlier in the day as well). o Bob: minis could be outside. o Discussed doing minis as Osborne as well. o Board was in favor of working with schools and incorporating them in our schedule. They said it's important to work with everyone in the community, and both schools are part of North Palm. Old Business: Heritage Day (putting) Maria: let's change putting from 12 to Ipm to accommodate the parade. Board decided to open putting competition from 1-7PM. Rec board will staff the putting competition. Don Grill not here for Heritage Day. Zak: Friday/Saturday will have ipads set up for credit card payments. Golf cart parade to start at northern most end of alamanda. East side will meet at Anchorage and be escorted over by a Rec member in village vehicle. Maria: ideas for more food. Chick-fil-A? Jersey Mikes? Discussed food truck issue. Bob: KCBS competition that would give national recognition to the winner. Backyard bbq competition. They pay to register, judges will come in to judge 0 Lakeside Park Basketball court Concrete is cracked. What to do? Tree is in place now where hoop should go. Would need to be trimmed or moved. Bob: what about pickleball court? Fixing concrete would allow a real pickleball court. Bob: beach pickleball. Less expensive to maintain. Rita: leave V2 court Discussed this issue earlier in meeting as well. General feeling is that residents do not want full court basketball court again, but something like pickleball would be okay. Paul: are we doing anything will seawall? Zak: in a future CIP. Member Comments: Adjournment: Paul motion to adjourn. Stephen second. All in favor. NAME .k ADDRESS /X PHONE 3e / 7 PUBLIC COMMENTS DATE c// f PUBLIC COMMENTS NAME, f`.-e'c2 ADDRESS + PHONE _(6_%`i DATE `jl Zo z ULA bw4wk) & '4 kip- cAj mac- - VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARED MEETING MINUTES MARCH 22, 2022 CALL TO ORDER Chairperson Christine DelGuzzi called the meeting to order at 7:00 PM. ROLL CALL Present: Julie Morrell, Library Manager Christine DelGuzzi, Chairperson Phyllis Wissner, Vice Chairperson Bonnie Jenkins, Secretary Brad Avakian, Member Tina Chippas, Member Carolyn Kost, Member Leslie Metz, Member Susan Bickell, Council Member APPROVAL OF MINUTES Minutes for the February 22, 2022 meeting were approved after a motion made by Carolyn Kost and seconded by Phyllis Wissner. LIBRARIAN’S REPORT Library Manager Julie Morrell reported the following: Facilities: o The bare spots in the flooring upstairs caused by the removal of shelves have been temporarily covered with carpet patches; o Remodel plans are moving forward with wheeled wooden shelves to be purchased through R. George; this is planned for the FY23 budget. o A large aerial photograph (approximately 60” x 40”) of early North Palm Beach was donated. It has been framed and will be hung in the SW corner upstairs by Public Works. o Two staff members are leaving for full-time positions elsewhere. Congratulations to Jocelyn McLean, a Library Sciences major, for her new position with Delray Beach Public Library. Part-time positions will be posted shortly and will be advertised on the Florida Library website. o Library Manager Julie Morrell attended the kick-off event for the Southeast Florida Library Information Network’s (SEFLIN) Manager’s Academy at the Boca Raton Public Library. Upcoming Books & Bites will be April 12th at 10:30 at the North Palm Beach Country Club o Will feature The Attic on Queen Street author Karen White. Children’s Programming o Two story times are held each week; Attendance averages 23 parents and children. Teen Programming: o S.O.F.T. Program continues to be filled (30 positions). Average daily attendance is 17, lower due to spring break. Adult Programming: o Knit and Crochet on Mondays attendance increased to an average of 12 members. o Quilting group is back on Fridays. o Friday Yoga in the Park with Mi Sun continues to average 12 people and a dog. o Adult Crafts met on March 17th The craft was a grapevine wreath decorated with nautical designs. o Author Talk with Louise Parente was held March 8th; 7 people attended. o Great Courses Lectures continued; New topic begins March 29th – A History of India o Adult Book Club was held March 3rd; this month was The Story of Arthur Truluv by Elizabeth Berg; Read Palm Beach County 2022 selection; 16 members of the book club attended – largest meeting yet; o Friends of the Library: February’s Raffle – winner received $180.00 and $180.00 came to the Library; Congratulations to Joan Popa Next raffle will be an Easter theme Circulation continues to increase overall. o Overdrive app will be going away in lieu of the newer Libby app (some company.) Special Events: o Library staff participated in the grand opening of the Community Gardens on March 12th. o St. Patrick’s Day Bingo March 17th at 6:30 pm with a full house – 37 out of 42 sign-ups; Total income was $504 less cost of refreshments; FOL sold green beer Participants won gift cards to local businesses such as Frigate’s, Hobo’s Kitchen Plans for another Bingo night are in the works – possibly August o Drop off began today for the Annual Resident Art Show o Heritage Days – April 1st and 2nd Library staff will be helping sell tickets and monitor activities at Anchorage Park The Library will be closed on Saturday due to the parade OLD BUSINESS None NEW BUSINESS None QUESTIONS AND ANSWERS None ADJOURNMENT Carolyn Kost motioned to adjourn the meeting. Phyllis Wissner seconded the motion and the meeting adjourned at 7:20pm. Respectfully submitted by Bonnie Jenkins DRAFT- Revised VILLAGE OF NORTH PALM Beach AUDIT COMMITTEE MEETINIG MINUTES APRIL 6, 2022 Attending: Committee Village Ed Katz Dave Norris-Vice Mayor Don Kazimir Samia Janjua- Finance Director Suzanne Mehregan Guest Marie Silvani Steven Alexander- PFM Asset Management Dave Talley Tom Magill-Chairman Not Present Tom Andres- Prior notice received. ITEMS DISCUSSED. 1. Minutes of March 7 meeting were approved, 2. Mr. Alexander gave a detailed analysis of current economic conditions. This included the outlook for future Federal Reserve Interest changes. He outlined the impact of any changes on the NPB funds under PFM management. (~$9 million) He noted that the performance of the NPB funds closely matched overall the debt security. He also noted that our investment profile is similar to other communities of similar size. He discouraged any investment of Village funds in equity markets. He noted that PFM only participates in equity markets for municipalities where the funds under management exceed $25 million. The Committee continues to recommend no change in Investment Policy. Our thanks to Mr. Alexander for his presentation. Meeting adjourned at 6:35 pm. Tom Magill- Chairman VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Members of the Village Council FROM: Andrew D. Lukasik, Village Manager DATE: April 14, 2022 SUBJECT: RESOLUTION – Approval of a Collective Bargaining Agreement with the Palm Beach County Police Benevolent Association ending September 30, 2024. Village staff recommends Village Council adoption of a Resolution approving a Collective Bargaining Agreement between the Village and the Palm Beach County Police Benevolent Association which represents employees in the Village’s Police Department. The contract will be effective upon mutual ratification and will end September 30, 2024. Summary of the Agreement Changes: While the negotiations included minor changes to the agreement to reflect current practices and/or clarify intent, most of the discussion focused on salary and benefits. Changes to the agreement include the following: Bereavement Leave:  Increased the bereavement leave in the event of the death of an employee’s father, mother, spouse or child from three to four days. Sick Leave:  Added domestic partners to the list of individuals for whom an employee can use sick leave in order to provide necessary care during an illness or medical treatment.  Allows beneficiaries of an employee who dies in the active performance of duties to receive payment equal to 100% of the employee’s unused sick leave. Paid Holidays:  Consistent with Village policy, Juneteenth (June 19th) was added as a paid holiday. Total paid holidays under the contract increased from eleven (11) to twelve (12).  Provide premium pay (1 ½ times regular pay) for hours worked during a holiday. Take Home Vehicles:  Established that take home vehicles are discretionary and that the Village Manager may revoke vehicle use if it is not fiscally or operationally justified. Pension:  Pension benefits were increased to provide for a cap on retirement benefits from 75% to 80% of average final compensation.  The multiplier will increase from 2.75% to 3%.  Increases employee retirement contributions from 7% to: o 8.5% effective October 1, 2022, and o 10% effective October 1, 2023.  Village match of Chapter 457 Deferred Compensation Plan increases at a rate of fifty cents ($0.50) for every dollar ($1.00) contributed up to a maximum of ($120) dollars per month ($1,440 annually). The Village’s contribution limit is doubled the amount in the previous contract. Wages:  A Compensation Step Plan will be enacted in place of the existing Merit Plan: o For FY 2022, the step plan increases the minimum wage for Officers and Sergeants by 4%. The Records Clerk position does not receive an adjustment to the minimum wage. Each step beyond the minimum represents an increase of 3.5%. Employees will receive a lump sum payment of $1,000 in lieu of retroactive payments back to October 1. o For FY 2023 and FY 2024, the step plan increases the minimum wage for Officers and Sergeants by 4%. The Records Clerk position does not receive an adjustment to the minimum wage. Each step beyond the minimum represents an increase of 3.5%.  Employee’s pay will increase based upon the increase in the step plan on October 1 of each year. The only exception is that pay for FY 2022 will increase on the first full payroll following ratification as employees are slotted into their respective pay steps and those who have received satisfactory performance evaluations since October 1 are moved to the next step in the plan.  Employees will advance one step in the schedule on their anniversary if a satisfactory performance review is attained.  With the exception of increases resulting from assignments or promotions, movement in the step plan will be frozen on September 30, 2024. Any subsequent salary increases or progression in the step plan will need to be agreed upon in a subsequent collective bargaining agreement or an MOU.  Employees who reside more than 25 miles from the Village’s Public Safety Building and who are assigned a take home vehicle will be subject to payroll deductions. Cost Impacts: Actuarial analysis shows that the enhancements to the pension benefits will have minimal to no impact on the Village from a financial perspective. The pension benefit is proposed to be enhanced through an increase in the maximum benefit from 75% to 80% of an employee’s average final compensation as well as an increase to the multiplier from 2.75% to 3%. The actuarial analysis completed during negotiations indicated that, in order to adequately fund the benefit enhancements, an increase in funding equivalent to 1.2% of the Police payroll would be required. In the first two years of the contract, employee contributions to pension will increase 3%. It is anticipated that this additional contribution is adequate to offset the increase in the benefit, the rate of salary increases and the increased Village contribution to deferred compensation. Regarding the wage proposal, the increase in the first year is within the amount budgeted for FY 2022 . The anticipated cost of wages in the first year as a result of the contract is $2.8 million. Resolution: The attached Resolution has been prepared by the Village Attorney. Recommendation: Village Staff recommends Council consideration and adoption of the attached Resolution approving a Collective Bargaining Agreement with Palm Beach County Police Benevolent Association ending September 30, 2024. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE POLICE BENEVOLENT ASSOCIATION OF PALM BEACH COUNTY, INC. AND AUTHORIZING EXECUTION OF THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the prior Collective Bargaining Agreement between the Village and the Police Benevolent Association of Palm Beach County, Inc. (“PBA”) expired on September 30, 2021; and WHEREAS, the Village and the PBA have negotiated a new three-year Collective Bargaining Agreement and the Village Manager recommends Council approval and ratification of the new Collective Bargaining Agreement; and WHEREAS, the Village Council determines that the approval of the new Collective Bargaining Agreement is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby approves and ratifies a new Collective Bargaining Agreement between the Village and the Police Benevolent Association of Palm Beach County, Inc., a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager and Village Clerk to execute the Collective Bargaining Agreement on behalf of the Village. The Agreement shall be effective upon ratification and shall expire on September 30, 2024. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK {00505747.2 1823-9704441} April 9, 2022 1 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION FOR THE PATROL, DETECTIVES, DETECTIVE SERGEANTS, SERGEANTS, aAND RECORDS CLERKS BARGAINING UNIT 10/1/2021-9/30/2024 a Position of Dispatcher eliminated FY2015 budget approving outsourcing of dispatch operations w/ Palm Beach Gardens {00505747.2 1823-9704441} April 9, 2022 2 Table of Contents ARTICLE 1 PREAMBLE.......................................................................................................... 4 ARTICLE 2 UNION RECOGNITION BARGAINING UNIT ................................................. 5 ARTICLE 3 RULES OF CONSTRUCTION ............................................................................ 6 ARTICLE 4 VALIDITY ............................................................................................................ 7 ARTICLE 5 WORKER'S COMPENSATION .......................................................................... 8 ARTICLE 6 INSURANCE ...................................................................................................... 10 ARTICLE 7 FAMILY MEDICAL LEAVE ............................................................................ 11 ARTICLE 8 PAID BEREAVEMENT LEAVE ....................................................................... 12 ARTICLE 9 MILITARY LEAVE ........................................................................................... 13 ARTICLE 10 SICK LEAVE ...................................................................................................... 14 ARTICLE 11 COURT APPEARANCES .................................................................................. 17 ARTICLE 12 MANAGEMENT RIGHTS ................................................................................ 18 ARTICLE 13 SENIORITY ........................................................................................................ 20 ARTICLE 14 PAID VACATIONS ........................................................................................... 22 ARTICLE 15 PAID HOLIDAYS .............................................................................................. 24 ARTICLE 16 GRIEVANCE PROCEDURE / ARBITRATION ............................................... 26 ARTICLE 17 DISCIPLINARY APPEALS ............................................................................... 31 ARTICLE 18 ASSOCIATION ACTIVITIES ........................................................................... 33 ARTICLE 19 RULES, REGULATIONS, DIRECTIVES ......................................................... 35 ARTICLE 20 BULLETIN BOARD .......................................................................................... 36 ARTICLE 21 WORKWEEK AND OVERTIME ...................................................................... 37 ARTICLE 22 PUBLIC SAFETY RELATED EDUCATION ................................................... 39 ARTICLE 23 WORK ASSIGNMENT OUT OF GRADE ........................................................ 40 ARTICLE 24 MEDICAL EXAMINATIONS ........................................................................... 41 ARTICLE 25 UNIFORM AND CLOTHING ALLOWANCE ................................................. 43 ARTICLE 26 VEHICLES AND EQUIPMENT ........................................................................ 44 ARTICLE 27 WAGES ............................................................................................................... 45 ARTICLE 28 PENSION ............................................................................................................ 48 ARTICLE 29 TRAINING.......................................................................................................... 50 ARTICLE 30 PROBATIONARY EMPLOYEES ..................................................................... 51 ARTICLE 31 RIGHTS WHILE UNDER INVESTIGATION .................................................. 52 ARTICLE 32 POLICE OFFICER TRAINEE PROGRAM....................................................... 53 {00505747.2 1823-9704441} April 9, 2022 3 ARTICLE 33 ENTIRE AGREEMENT ..................................................................................... 54 ARTICLE 34 DURATION ........................................................................................................ 55 SIGNATURE PAGE .................................................................................................................... 56 APPENDICES .............................................................................................................................. 57 {00505747.2 1823-9704441} April 9, 2022 4 ARTICLE 1 PREAMBLE This Agreement is between THE VILLAGE OF NORTH PALM BEACH, a municipal organization, hereinafter referred to as "VILLAGE”, and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC., hereinafter referred to as "ASSOCIATION", for the purposes of promoting harmonious relations between the two parties, to establish an orderly and peaceful procedure for settling differences which may arise, and to set forth the basic and full Agreement between the parties concerning wages, rates of pay, fringe benefits and other conditions of employment. {00505747.2 1823-9704441} April 9, 2022 5 ARTICLE 2 UNION RECOGNITION BARGAINING UNIT The VILLAGE recognizes the ASSOCIATION as the certified bargaining agent for the regular full-time employees designated as patrolmen, detectives, detectives-sergeants, sergeants, police dispatcher and public safety (records) clerk dispatcher, as indicated in PERC Order No. 89E -334 issued on November 8, 1989 or as modified by PERC. {00505747.2 1823-9704441} April 9, 2022 6 ARTICLE 3 RULES OF CONSTRUCTION 1. The term “day” means any consecutive calendar day. When the last day of any time period or a deadline under this Agreement falls on a Saturday, Sunday, or legal holiday, then the time period or deadline continues to run until the next day that is not a Saturday, Sunday, or legal holiday. 2. The terms “Association”, “PBA”, and “Union” are synonymous, meaning the Palm Beach County Police Benevolent Association, Inc., and its duly authorized agents. 3. The term "employee" in this Agreement means PBA Bargaining Unit members or those individuals employed by the Village in positions represented by the ASSOCIATION regardless of membership in the ASSOCIATION. 4. The term “Village Manager” means the Village Manager or their designee. {00505747.2 1823-9704441} April 9, 2022 7 ARTICLE 4 VALIDITY If any non-monetary provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. In the event a monetary provision of this Agreement is held invalid, the parties, at the request of either party, shall meet as soon as practicable and reopen negotiations of the monetary provisions of this Agreement. {00505747.2 1823-9704441} April 9, 2022 8 ARTICLE 5 WORKER'S COMPENSATION 1. The VILLAGE will carry Workers’ Compensation coverage for all employees covered by this Agreement in accordance with the law. 2. No benefits or payment under this Article shall be made if the disability or injury is self-inflicted, continues as a result of the employee's failure to fully cooperate with medical advice or corrective therapy, or was sustained when the employee was under the influence of drugs/alcohol. 3. For purposes of this benefit, the term injury means: personal injury by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury. 4. In the event of an on-the-job injury determined to be compensable under the provisions of the Workers' Compensation Act, a regular full-time employee will be carried at full pay for up to six (6) pay periods, less any workers' compensation benefits, commencing the first pay period following the date the employee is unable to work. Thereafter, the employee may supplement their workers’ compensation benefits with sick leave to reach full pay status. There is no supplemental pay during the pay period in which the employee returns to work. 5. In order to be considered for this supplemental pay benefit, the following conditions must be met: A. The employee must provide written testimony evidence that their injury was received while on duty and in the performance of duty. An injury received while the employee is attending a department approved training program shall be considered a line of duty injury. B. Any employee who has a claim for compensation because of an injury on the job, as described above, shall report the claim to the Police Chief and thereafter {00505747.2 1823-9704441} April 9, 2022 9 file a report, on the form provided by the VILLAGE, with the Human Resources Department. C. Any employee who is able to return to work after a job-related injury shall be reinstated to their former job duties and position, provided the employee is qualified to perform all of the duties and responsibilities of their previous position and is certified by a medical doctor prior to the employee returning to work. The VILLAGE may require confirmation of fitness to return to work. D. If the employee is unable to assume their former responsibilities, the employee shall have first preference to fill another VILLAGE Police position, if a vacancy occurs and the employee qualifies for such position. E. Nothing herein shall require the VILLAGE to create a light duty position when there is no operational or fiscal justification for its creation. F. An employee must report an on-the-job injury immediately following the first symptoms of injury. 6. An accident, which is defined as an incident that results in injury to any person or damage to any property, constitutes grounds for reasonable suspicion drug testing. 7. In the event the provisions of Chapter 440 Florida Statutes provide greater benefits to an employee injured in the course and scope of employment than the benefits provided by this Article, the provision of Chapter 440 will prevail. {00505747.2 1823-9704441} April 9, 2022 10 ARTICLE 6 INSURANCE 1. The VILLAGE will provide health and dental insurance to bargaining unit members and their dependents under the Village health and dental program, at the same levels of benefit and rates established by the Village Council for non-bargaining unit employees of the Village. In the event the VILLAGE agrees to provide more beneficial coverage or rates to any other bargaining unit in the Village, the more beneficial coverage and rates will be provided to bargaining unit members covered by this Collective Bargaining Agreement. 2. It will be the responsibility of the employee to notify the VILLAGE in writing within thirty days that dependent coverage is no longer required, including due to a change in marital status. Should the employee not notify the VILLAGE of the change, the employee shall reimburse the VILLAGE for the amount paid for the employee’s dependent insurance coverage premium from the date of the status change. 3. Life Insurance – The VILLAGE life insurance program for PBA bargaining unit employees shall be a level equivalent to the maximum level allowed by IRS regulations, before imputing added employee compensation ($50,000, or $25,000 after the age of 70). {00505747.2 1823-9704441} April 9, 2022 11 ARTICLE 7 FAMILY MEDICAL LEAVE 1. Eligible employees may take up to twelve (12) work weeks of unpaid leave in accordance with the Family and Medical Leave Act (FMLA), as amended from time to time. 2. All employee requests for FMLA leave must be in writing and shall include an explanation of the reasons for the leave. The employee’s written notice shall not be effective unless delivered by the employee, or the employee’s representative, to the Village Director of Human Resource and Risk Management. The employee’s notice shall be delivered no less than 30 days prior to the need to take leave, when the need is foreseeable. 3. The Village requires an employee to substitute accrued paid leave for unpaid FMLA leave. The term substitute means that the paid leave provided by the Village, and accrued leave, will run concurrently with the unpaid FMLA leave. 4. Prior to a return to work from FMLA leave taken as the result of illness or injury, the Village may require an employee to submit to and obtain a fitness for duty evaluation. The cost of the evaluation will be paid by the Village. {00505747.2 1823-9704441} April 9, 2022 12 ARTICLE 8 PAID BEREAVEMENT LEAVE 1. The Village will grant an employee paid leave for the death of an employee’s family member as follows: • father, mother, spouse, child- four (4) work shifts, to be used within 30 days of the date of death. • Brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother- in-law, sister-in-law, grandparent, spouse/ domestic partner’s grandparents, foster parent, nephew, niece, aunt, uncle, first cousin, step-father, step-mother, step- brother, step-sister or step-child of the employee, three (3) work shifts, to be used within 30 days of the date of death. 2. A request for additional time off without pay may be granted, subject to the discretion of the VILLAGE Manager. {00505747.2 1823-9704441} April 9, 2022 13 ARTICLE 9 MILITARY LEAVE 1. Employees who are members of the U.S. Armed Forces Reserves or the National Guard will be granted leave in accordance with state and federal law, including travel time, for the purpose of attending annual active duty for training. 2. A copy of employee's Military Orders shall be forwarded to the Police Chief or Village Manager prior to taking military leave. {00505747.2 1823-9704441} April 9, 2022 14 ARTICLE 10 SICK LEAVE 1. Sick leave will be paid when the employee is absent from duty due to the following reasons: A. An employee's injury, illness, or necessary medical treatment which precludes the employee from reporting for duty; B. Any injury, illness, or necessary medical treatment of an employee's spouse, child, step-child, domestic partner, or parent who resides in the employee's home which requires the employee's help to care for the family member or to obtain the necessary medical treatment. 2. The employee will certify on the appropriate Leave Utilization Form upon their return to duty that they were not able to report for duty due to one of the above reasons. 3. Employees accrue ninety-six (96) hours of sick leave per year, accrued at the rate of eight (8) hours of sick leave per month. 4. Regular full-time (non-probationary) PBA bargaining unit members who do not use any sick leave within any continuous six-month (6 month) period are eligible to earn eight (8) hours of annual leave time as incentive for not using sick leave. 5. Sick leave may be accumulated with no maximum. 6. An employee with less than seven (7) years of service to the VILLAGE who voluntarily terminates employment, or who retires or dies while in the service of the VILLAGE, shall receive payment equal to fifty percent (50%) of their accrued sick leave, up to a maximum payout of 240 hours (50% of 480 accrued sick leave hours). Employees with seven (7) or more years of service to the VILLAGE shall receive payment equal to seventy-five percent (75%) of their accrued sick leave, up to a maximum payout of 360 hours (75% of 480 accrued sick leave hours). {00505747.2 1823-9704441} April 9, 2022 15 7. A deceased employee’s payout for sick leave shall be paid to the estate of the decedent. The legal determined beneficiary(ies) of any employee who dies in the active performance of their duties will receive payment equal to 100% of that employee’s unused accrued sick leave days with no maximum payout. 8. Sick leave reimbursement benefits are as follows: A. New hire non-probationary employees who have accrued 384 hours of sick leave may request reimbursement for any number of sick leave hours accrued over the minimum base of 384 hours once each fiscal year. Reimbursement by the VILLAGE will be on a 50% basis for every hour above the minimum. B. Sick leave reimbursement is a voluntary right of the employee. An employee can only submit a request once per year during the month of May. The VILLAGE will reimburse the employee no later than November 30 of each year. C. The Finance Director will be responsible for establishing a reimbursement form and accounting for the base and other data necessary to financially administer this program. D. The employee will be required to sign a certificate/affidavit confirming that the reimbursement for the sick leave is final and will not be subject to the grievance process. 9. An employee who has been declared either physically or mentally unfit for duty by a doctor approved by the VILLAGE, when ordered for a fitness for duty exam by the VILLAGE, shall be required to use accrued sick leave while out of work on medical leave. An employee may challenge a determination that he or she is unfit for duty by providing a medical report from their physician. In the event of a conflict of opinions, a third doctor’s opinion shall control. The third doctor shall be selected and paid for by the VILLAGE. {00505747.2 1823-9704441} April 9, 2022 16 10. An employee is responsible for the appropriate use of sick leave, but the Village may send a sick employee home prior to the end of their shift for injury or illness. In such cases, the remaining hours of the work day will be counted as sick time and those hours deducted from the employee’s bank of accrued time. If the employee has no accrued sick time, the employee will only be paid for the time worked prior to being sent home. 11. For any sick time covered by a doctor’s note, there shall be no finding of abuse of sick leave. {00505747.2 1823-9704441} April 9, 2022 17 ARTICLE 11 COURT APPEARANCES 1. Any member required to attend a judicial matter arising from the performance of their duties shall be compensated for said services as follows: A. An employee who is required to appear in court or at a deposition during nonworking hours shall receive a minimum of 3 hours payment at one and one half times the employee’s regular rate of pay. B. For the purposes of this article and subsection, each additional court appearance separated from the employee’s previous court appearance by a period of more than sixty (60) minutes qualifies for compensation as described above. The sixty (60) minute time period is calculated from the time the employee is released by the court until the time stated on the next subsequent subpoena. C. For the purposes of this article and subsection, compensable time shall begin thirty (30) minutes prior to the scheduled appearance time set by the subpoena to compensate the employee for the time necessary to obtain and return documentation/evidence for court appearances or depositions. D. Witness fee shall be retained by the officer. 2. Members who are required to attend a judicial matter arising from performance of his/her duties shall give notice to the Police Chief and the Village Attorney. Rescheduling may be requested and coordinated by the VILLAGE. 3. Payment shall be made in the next full payroll period following completion of the service. 4. Travel in excess of twenty (20) miles outside the perimeter of the VILLAGE shall be compensated as one (1) hour of wages for the employee concerned. {00505747.2 1823-9704441} April 9, 2022 18 ARTICLE 12 MANAGEMENT RIGHTS 1. Except as specifically stated herein, the VILLAGE retains whatever rights and authority it possessed prior to entering into this Agreement, including but not limited to the right to operate and direct the affairs of the VILLAGE and its Police Department in all its various aspects; to direct the working forces; to plan, direct, and control the operations and services of the Department; to determine methods, means, organization and personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule the working hours; to hire and promote; to demote, suspend, discipline, or discharge for just cause; to relieve employees for lack of work or for other legitimate reasons; to make, establish, and enforce rules and regulations; and to change or eliminate existing methods, equipment, or facilities (provided, however, that such actions are not inconsistent with the terms of this Agreement) . 2. The ASSOCIATION pledges that it will encourage employees to increase their productivity and raise their individual level of service in order to provide and maintain the delivery of services at the highest possible level. 3. All employees covered under this Agreement shall comply with all Village Personnel Rules and Regulations and the Department of Police Policies and Procedures Manual, as amended from time to time, including those relating to conduct and work performance. 4. If at the discretion of the Village Manager, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement may be suspended by the Village Manager, during the time of the declared emergency, provided that the wage rate and monetary fringe benefits shall not be suspended, 5. Those inherent managerial functions, prerogatives and policy making rights which the VILLAGE has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. {00505747.2 1823-9704441} April 9, 2022 19 6. Nothing in this Agreement is intended to waive or modify the rights granted to a public employer as set forth in s. 447.209 , Florida Statutes. {00505747.2 1823-9704441} April 9, 2022 20 ARTICLE 13 SENIORITY 1. Seniority shall be defined as length of service in position (i.e. sergeant) with the VILLAGE Police Department. 2. Seniority will govern the employees’ selection of vacation schedules and overtime, provided the Police Chief has the final authority to determine the placement of personnel for extraordinary operational reasons and the Chief’s decision in that regard is not grievable. When the Police Chief over-rides a request based on seniority, the Chief shall inform the requesting party in writing of the basis of the Chief’s decision. 3. When the Department requires overtime work to fill a vacancy, the overtime assignment shall first be offered to an employee who is already on duty. If no employee on duty is able or qualified to work the overtime assignment, off duty personnel will be called. In either circumstance, the overtime assignment shall be offered on the basis of seniority, using an "overtime wheel." The overtime wheel shall function to identify employees in order of seniority with the Police Department. Once passed, an employee is not eligible for overtime assignment until the employee is reached again by rotation of the wheel. 4. Scheduled overtime shall be distributed to all qualified employees who wish to participate on the overtime wheel. If an employee refuses the employee’s turn on the wheel, the employee will be charged as if the employee had worked and will go to the bottom of the overtime eligibility list. With each opportunity to work overtime, only one employee may pass on the opportunity to work the overtime assignment. When an employee passes, the next employee on the list may be ordered to work the overtime assignment. 5. Where a promotional opportunity shall occur and two or more employees are under consideration, the Police Chief shall give due consideration to seniority and qualifications. {00505747.2 1823-9704441} April 9, 2022 21 6. In the event of a layoff, an employee may displace the employee with lesser seniority in a lower classification, provided the more senior employee has prior service in the lower classification and that the following factors are substantially equal: A. Sufficient ability and qualifications to perform the work, based on the employee’s personnel records. B. Performance evaluation. C. Physical condition and job attitude, as based on written evidence. 7. In the event of substantial inequality of the above factors, as between employees in the same classification and department, the employee with the higher values of factors A, B, and C in the aggregate, shall be retained. 8. An employee shall be recalled in inverse order of layoff. An employee’s right to recall ends after one year of being laid off. 9. An employee shall lose their seniority as a result of the following: A. Termination B. Retirement C. Voluntary resignation D. Layoff exceeding six (6) months E. Failure to report to the Village Manager the employee’s intention of returning to work within three (3) days of receipt of recall, as verified by certified mail, return receipt. F. Failure to return from military leave within the time limits prescribed by law. G. Failure to return from an authorized leave of absence upon the expiration of such leave. 10. Seniority shall continue to accrue during all types of leave approved by the VILLAGE. {00505747.2 1823-9704441} April 9, 2022 22 ARTICLE 14 PAID VACATIONS 1. Vacation hours accrue but may not be taken during the first 180 days of service (straight days). Exceptions to this general rule may be made by the Police Chief at his/her discretion. All personnel who have completed 180 days or more of full-time service shall be entitled to take vacation with pay in accordance with the following accrual schedule: LENGTH OF SERVICE HOURS OF VACATION Less than six (6) years 80 hours Six (6) but less than ten (10) years 120 hours Ten (10) years and over 160 hours 2. Vacation, sick leave, or any other paid leave, shall be included in the computation of the one year of required full service. 3. All employees may select, once annually in January, vacations. Initial selection of vacations will be by seniority within the classification. If a bargaining unit member chooses to change the vacation selection, they must then wait until the vacation list passes through all other remaining members of the classification, at which time he or she shall then be eligible to change the selection. 4. In the event a paid holiday should occur during an employee's vacation period, the employee shall receive an additional duty day off with pay. 5. Employment terminated without cause, or by layoff, or by retirement, illness or injury shall not affect payment of earned vacation time. An employee shall not lose his/her vacation with pay, if incapacitated due to an injury or illness incurred in the line of duty. The vacation time shall be reassigned upon return to duty. {00505747.2 1823-9704441} April 9, 2022 23 6. If employment is terminated by death, the estate of the employee shall receive payment for the earned vacation hours. 7. Vacation hours shall be credited and reported per pay period, to indicate hours accrued less hours taken, reflecting net vacation hours available per pay period. 8. The maximum number of vacation hours an employee may accrue is the unused hours accrued during the employee's previous two (2) year period. Any employee, other than an employee who is discharged for cause, who voluntarily terminates, retires or dies while employed by the VILLAGE, shall receive payment equal to one hundred percent (100%) of the unused hours of vacation accrued during the two-year period prior to termination, retirement or death. 9. An employee who has used 80 hours of vacation time in a fiscal year may request reimbursement for any unused vacation hours above the 80 hours used. Employees requesting reimbursement must do so, in writing on a form provided by the Director of Human Resources and Risk Management, during the month of October immediately following the fiscal year in which the 80 hours were used. The VILLAGE will provide reimbursement no later than the November 30th immediately following the written request. Reimbursement shall be at 100% of the employees’ hourly rate as of September 30th of the fiscal year in which the 80 hours of vacation time were used. The employee will be required to sign a certification/affidavit confirming that the reimbursement for the annual vacation leave hours is final and will not be subject to the grievance process. {00505747.2 1823-9704441} April 9, 2022 24 ARTICLE 15 PAID HOLIDAYS 1. The Village observes the following holidays. Employees will receive eight (8) hours of pay for each holiday day. The Village will establish when the holiday is observed if the holiday falls on a Saturday or Sunday. New Year’s Day Martin Luther King Jr. Day President’s Day Memorial Day Juneteenth Independence Day Labor Day Veteran’s Day Thanksgiving Day Friday Following Thanksgiving Day Christmas Eve Christmas Day 2. When an employee works on any of the holidays (as observed by the Village) the employee will be paid premium pay (1½ times regular pay) for each hour actually worked in addition to the eight hours of holiday pay. Only the hours actually worked on a holiday, if any, count as hours worked in the pay period when calculating eligibly for overtime. 3. If a holiday occurs when an employee is absent from work on paid leave under this collective bargaining agreement or other personnel rules, regulations or departmental directives, the employee shall still be paid eight (8) hours for the holiday at the employee’s regular rate of pay. 4. An employee who does not work their full scheduled day before and after a holiday will not be paid holiday pay for that holiday. Pre-scheduled vacation or sick leave for medical tests, scheduled treatments, or actual illness or injury on the day before and after {00505747.2 1823-9704441} April 9, 2022 25 a holiday are treated as days worked. The Village may ask for a doctor’s note or other proof of illness to verify the bargaining unit member’s illness or injury. 5. In the event an employee calls out sick for all or any portion of a holiday, and the Village then requires another employee to work at the overtime rate, the employee utilizing sick leave on the holiday shall be charged sick leave at the rate of one and one- half (1.5) hours for each one (1) hour of sick leave used. Employees under in-patient care or who are indisputably sick, including those who provide a doctor’s note, shall not be subject to this provision. {00505747.2 1823-9704441} April 9, 2022 26 ARTICLE 16 GRIEVANCE PROCEDURE / ARBITRATION 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is specifically agreed and understood that there shall be a procedure for the resolution of disputes between the parties. For the purpose of this Article, a grievance is defined as, and limited to, any dispute, difference or controversy involving the interpretation or application of this Agreement. A dispute over disciplinary action shall be considered an appeal of disciplinary action under Article 17. 2. For the purpose of this Article, time is considered to be of the utmost importance. Accordingly, any grievance not submitted and/or processed by the grieving party in accordance with the time limits provided below shall be considered exclusively abandoned and shall be barred, forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of all rights to arbitration. Any grievance not answered or processed by the VILLAGE within the time limits provided below shall be deemed resolved in favor of the grievant. 3. Grievances shall be presented in the following manner: Step 1: In the event an employee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, the employee shall first discuss the alleged grievance with the immediate supervisor, and may be accompanied by a representative of the employee's choice, if so desired. This first discussion shall take place within ten (10) calendar days of the occurrence of the events which gave rise to the alleged grievance, or within ten (10) calendar days of when the employee knew or should have known of the existence of the events giving rise to the alleged grievance. Step 2: In the event that the employee is not satisfied with the disposition of the grievance at Step 1, the employee may file a formal grievance. Such a grievance must be filed within ten (10) calendar days after the informal discussion is held at Step 1. Said grievance must be in writing, must be signed by the employee or the Union as the employee’s representative, and must contain: (a) the date of the alleged grievance; (b) the specific article (s) of this Agreement allegedly violated; (c) the facts pertaining to or giving {00505747.2 1823-9704441} April 9, 2022 27 rise to the alleged grievances; and (d) the relief requested. The formal grievance shall be submitted to the Police Chief or the Chief’s designee. The Police Chief shall, within ten (10) calendar days after the receipt of the formal written grievance, render the decision on the grievance in writing. The Police Chief shall reply in writing within ten (10) calendar days of receipt of the grievance. Failure by the Police Chief to reply within the time period shall be held to be an approval of the grievance and the remedy sought. Step 3: In the event that the employee is not satisfied with the disposition of the grievance by the Police Chief at Step 2, the employee shall have the right to submit the grievance to the Village Manager within ten (10) calendar days after the disposition. Such grievance must be accompanied by the filing of a copy of the original written grievance. The Village Manager shall, within ten (10) calendar days of receipt of the grievance, render the decision on the grievance in writing. If the Village Manager shall fail to reply in writing, such failure shall be deemed as an approval of the merits of the grievance or dispute and the remedy sought. 4. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the ASSOCIATION and the VILLAGE, it shall be presented directly at Step 3 of the grievance procedure, within the time limit provided for the submission of the grievance at Step 2, and signed by the aggrieved employees or the ASSOCIATION representative on their behalf. 5. In the event a grievance processed through the grievance procedure has not been resolved at Step 3 above, the ASSOCIATION may submit the grievance to arbitration within ten (10) calendar days after the Village Manager's disposition of the grievance. Such request shall be in writing to the other party, and if delivered by mail, postmarked within ten (10) days of the Village Manager's disposition of the grievance. The arbitrator may be any impartial person mutually agreed upon by the parties. However, in the event the parties are unable to agree upon an impartial arbitrator, the party seeking the appointment of an arbitrator shall, within five (5) days, request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from {00505747.2 1823-9704441} April 9, 2022 28 which each party shall have the option of striking three (3) names in alternating fashion, until the parties select a neutral or impartial arbitrator. The party striking first shall be determined by the toss of a coin. The selection process shall occur within five (5) calendar days of receipt of the panel list. 6. Whenever the grieving party is satisfied with the disposition of the grievance at any step of the grievance procedure, or if the grieving party does not process the grievance in accordance with the specified time limits, processing of the grievance by the VILLAGE will automatically stop. However, a grieving employee may not partially accept and partially reject a disposition of their grievance. The employee must either accept or reject the disposition of their grievance, in its entirety. Thus, for example, if any employee grieves a termination, and is ordered reinstated without back pay at one of the steps of the grievance procedure, the employee may not accept the reinstatement and continue to grieve the loss of back pay. The employee’s only choices would be to accept the disposition of the grievance, or to remain discharged and pursue the grievance further. 7. For the purposes of this Article, the term "calendar day" is defined to include every day except Saturdays, Sundays, and days designated as holidays by this Agreement, regardless of whether the grievant is on duty or off duty. 8. The time limits contained herein are to be strictly adhered to and may only be extended by written agreement between the parties. 9. The VILLAGE and the ASSOCIATION shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine their decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will determine the statement of the grievance, provided, however, that the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as {00505747.2 1823-9704441} April 9, 2022 29 defined in this Article, except to the extent as specifically provided herein or expressly agreed to by the parties. 10. The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the question(s) presented to him/her, which questions(s) must be actual and existing. 11. Each party shall bear the expense of its own witnesses and of its own representatives for the purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses, as well as the expenses of obtaining a hearing room and transcript, if ordered by the Arbitrator, will be equally divided between the parties. Any person desiring a transcript of the hearing shall bear the cost of such transcript, unless both parties mutually agree to share such costs. 12. The arbitrator's award shall be final and binding on the parties. 13. The ASSOCIATION representative will be furnished with a copy of each grievance filed by an employee within the bargaining unit. 14. Employees may request to have an ASSOCIATION representative present at any step of the grievance procedure. 15. The ASSOCIATION will not be required to process the grievance of non-members. The ASSOCIATION representative will have their name, address and all contact numbers on file with the VILLAGE. 16. The settlement of any grievance by the parties prior to the rendition of a decision by an arbitrator shall not constitute an admission that the contract has been violated, nor shall such settlement constitute a precedent for the interpretation or application of the provisions of this Agreement. {00505747.2 1823-9704441} April 9, 2022 30 17. When arbitrability is raised by the VILLAGE with respect to any grievance, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to commencement of an arbitration hearing on the grievance itself. 18. If the VILLAGE does not agree that the matter is arbitrable, notification shall be sent to the ASSOCIATION of such issue within ten (10) days of receipt of the ASSOCIATION’s request to proceed to arbitration. In such an instance, the VILLAGE may submit solely the question of arbitrability either to an arbitrator or to a court. If the arbitrability issue is submitted to an arbitrator, the decision shall be based solely on written briefs, exhibits and affidavits submitted by the parties, with no oral argument allowed; and shall be submitted to the arbitrator within ten days of selection of the arbitrator. The arbitrator shall render the decision within fifteen (15) days of receipt of the parties' submissions. 19. Whichever party loses on the issue of arbitrability shall pay the costs involved in that proceeding. 20. If there is no objection by either party to the arbitrability of the grievance, and the above mentioned procedure has been fully complied with or results in a determination that the grievance is arbitrable, the parties shall proceed to arbitrate the grievance. {00505747.2 1823-9704441} April 9, 2022 31 ARTICLE 17 DISCIPLINARY APPEALS Appeals of disciplinary action shall be handled as follows: 1. An employee who wishes to challenge any disciplinary action shall file a notice of appeal to the Police Chief within ten (10) calendar days of notice of the disciplinary action. When an employee has received a written counseling, the employee may, within ten (10) days of receipt of the written counseling, submit a written rebuttal which shall be attached to the written counseling document in the employee's personnel file. 2. Upon receipt of a notice of appeal, the Police Chief or the Chief’s designee shall have ten (10) calendar days to review the discipline and to advise the employee that the discipline is either (I) sustained; (ii) reversed; or (iii) modified. Failure of the Police Chief to respond within ten (10) calendar days shall constitute a determination that the discipline is sustained. 3. An employee who is not satisfied with the Police Chief's decision can further appeal a discipline to the Village Manager. Upon receipt of a notice of appeal, the Village Manager shall have ten (10) calendar days to review the discipline and to advise the employee that the discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the Village Manager to respond within ten (10) calendar days shall constitute a determination that the discipline is sustained. The decision of the Village Manager shall be final unless appealed as hereinafter set forth. 4. The ASSOCIATION or employee individually may appeal any discipline greater than an eight (8) hour suspension without pay to arbitration using the same procedure for appointment of an arbitrator as set forth in Article 16 above. The request for appointment of an arbitrator must be made to the Village Manager in writing within ten (10) calendar days of the Village Manager's decision. The decision of the arbitrator shall be made within thirty (30) days following the conclusion of the hearing or the deadline for closing briefs, whichever is later. The arbitrator may sustain, reverse, or modify the discipline which was set by the Village Manager. The decision of the Arbitrator is final and binding on the parties. {00505747.2 1823-9704441} April 9, 2022 32 5. No employee shall be subject to a disciplinary suspension of sixteen (16) hours or more, disciplinary demotion, or termination without just cause. No employee shall be subject to any suspension without pay or a termination without first being afforded a pre- determination conference with the Village Manager. No pre-determination conference shall be conducted with less than ten (10) calendar days’ notice to the employee. 6. In addition to a disciplinary demotion, the Village may demote an employee for insufficient performance, provided the employee is first placed on a performance improvement plan and thereafter does not achieve all of the performance goals identified by the Village. A performance based demotion is not subject to a just cause standard and may not be challenged or appealed beyond the Village Manager. Prior to placing an employee on a performance improvement plan, an employee’s supervisor and the Police Chief shall meet with the employee to discuss specific performance improvement goals. The performance improvement plan shall immediately thereafter be in effect for a period of ninety (90) days, with follow-up meetings with the employee at the forty-five (45) day and sixty (60) day mark. If the goals have not been achieved by the employee, the Police Chief may implement non-disciplinary demotion of the employee. 7. Anonymous complaints may trigger an investigation, but an anonymous complaint alone may not be the basis of disciplinary action. 8. For the first three hundred sixty-five (365) days of consecutive service with the VILLAGE after initial hire, an employee is probationary. That is, the employee serves at the will and pleasure of the VILLAGE, and thus, the employee may be disciplined or discharged without explanation or for any reason deemed sufficient by the appropriate VILLAGE official. Accordingly, probationary employees shall have no right to utilize this disciplinary appeals procedure for any matter concerning discharge, suspension or other discipline. {00505747.2 1823-9704441} April 9, 2022 33 ARTICLE 18 ASSOCIATION ACTIVITIES 1. An employee shall have the right to join or not join the ASSOCIATION, to engage in lawful concerted activity for the purpose of collective bargaining or other mutual aid or protection, to express or communicate any view, to file any grievance and to appeal disciplinary matters to arbitration, and to express any complaint or opinion relating to conditions of employment or compensation, through duly appointed ASSOCIATION representation. All actions are to be free from any and all restraint, coercion, discrimination or reprisal by the VILLAGE or the ASSOCIATION. 2. ASSOCIATION officials and/or members, no more than two (2) members, shall be granted reasonable time during working hours, without loss of pay, to negotiate with the representatives of the VILLAGE. 3. Reasonable time shall be granted for the processing of grievances with a duly designated representative of the ASSOCIATION during working hours. The VILLAGE, in its discretion, may stop the use of such time if it interferes with productivity or manpower needs. However, the exercise of such right on the VILLAGE'S part shall not be arbitrary or capricious, nor shall it allow the VILLAGE to proceed in a manner which deprives the employee of the employee’s right of representation. An ASSOCIATION representative shall be permitted to accompany a fellow employee in circumstances such as: A. The employee is required to appear at a hearing related to a grievance. B. The employee is presenting or responding to a grievance. C. The employee is subject to interrogation in conjunction with an internal affairs investigation. D. The employee is attending a pre-determination hearing. 4. The Village Manager shall be immediately notified in writing, of changes of appointed ASSOCIATION representatives. {00505747.2 1823-9704441} April 9, 2022 34 5. ASSOCIATION representatives shall be permitted to wear ASSOCIATION insignia while on duty. The insignia shall be approved by the Police Chief or the Chief’s designee. {00505747.2 1823-9704441} April 9, 2022 35 ARTICLE 19 RULES, REGULATIONS, DIRECTIVES 1. Amendments, additions or modifications to personnel rules, regulations, and departmental directives shall be in writing, and a copy of the same shall be submitted to the ASSOCIATION no less than fourteen (14) days prior to implementation. 2. Nothing in this Article shall be construed as a waiver of the ASSOCIATION's right to bargain over mandatory subjects of bargaining or the impact of any rule change which has the practical effect of altering the terms and conditions of employment, prior to the implementation of such changes. Such a request for bargaining must be received within seven (7) days after notification to the ASSOCIATION by the VILLAGE of the proposed change. {00505747.2 1823-9704441} April 9, 2022 36 ARTICLE 20 BULLETIN BOARD 1. The ASSOCIATION will provide a serviceable bulletin board for its use. All materials posted must be signed by an approved official of the ASSOCIATION. The VILLAGE agrees to furnish space for the bulletin board but shall have no control over the postings on the Board. 2. Bulletins shall contain nothing derogatory relating to the VILLAGE, its elected officials or supervisory personnel. 3. The Association shall indemnify, defend, and hold the Village harmless against any and all claims, demands, suits or other terms of liability that shall arise out of the postings on the Association bulletin board. {00505747.2 1823-9704441} April 9, 2022 37 ARTICLE 21 WORKWEEK AND OVERTIME 1. The VILLAGE has the right to change work/shift schedules, work cycles, and starting times during the term of this Agreement subject to the following: A. The work cycle shall not exceed twenty-eight (28) days. The hours of work within the established work cycle shall be 6.1 (rounded) hours per day, as set forth in 29 C.F.R. section 553.230. Hours worked in excess of the maximum hours provided by the referenced regulation shall be paid at time and one-half the employee’s regular rate of pay. B. The VILLAGE shall provide the ASSOCIATION with no less than thirty (30) days written notice of its intent to alter departmental work/shift schedules, work cycles, and starting times. The notice shall include a proposed date of implementation. C. The ASSOCIATION may request impact bargaining over the proposed change provided it does so in writing delivered to the Village Manager within ten (10) day of receipt of note. D. If the ASSOCIATION requests impact bargaining the implementation date shall be delayed thirty (30) days and the parties shall meet as soon as possible and engage in good faith bargaining over the impact issues identified by the ASSOCIATION. 2. Time off for a meal period shall not exceed one (1) hour. 3. For purposes of computing overtime pay, all authorized paid leave, except sick- leave, shall be considered time worked. 4. Employees assigned to "standby" will be paid a minimum of one (1) hour pay per "standby shift". In the event an employee is "called back", he or she shall receive a minimum of two (2) hours pay. "Standby" and "call back" time relate to emergency duty. 5. Employees may exchange hours subject to the approval of the Police Chief or the Chief’s designee, provided that such exchanges do not result in overtime. {00505747.2 1823-9704441} April 9, 2022 38 6. The VILLAGE retains the right to make changes in schedules when extenuating circumstances, such as hurricanes or other states of emergencies, dictate. 7. An employee who is directed to report for work during a declared civil emergency, and fails to do so is subject to being disciplined, up to and including termination. {00505747.2 1823-9704441} April 9, 2022 39 ARTICLE 22 PUBLIC SAFETY RELATED EDUCATION 1. Bargaining Unit Employees are eligible to participate in the Village educational assistance program as revised. 2. In order to qualify for reimbursement under the VILLAGE'S program, all courses to be taken must be prior approved by the Director of Human Resources and Risk Management, Police Chief and the Village Manager. 3. Any and all continuing education will be done on the employee's own time. 4. The VILLAGE will participate in the State of Florida educational degree incentive program.b b Referring to Florida Statute 943.22 Salary incentive program for full-time officers {00505747.2 1823-9704441} April 9, 2022 40 ARTICLE 23 WORK ASSIGNMENT OUT OF GRADE 1. An employee who is required to temporarily accept responsibility and carry out the duties of a rank higher than which he or she normally holds, for a full shift shall be paid five percent (5%) above the individual's present base rate for that position while so engaged. 2. An employee assigned to a rank which carries a rate of pay higher than the permanent rate of the assignee shall in the event of injury, illness, or death incurred while in the performance of service be compensated at the level of payment and benefits for the employee's permanent rank and not the assigned rank. {00505747.2 1823-9704441} April 9, 2022 41 ARTICLE 24 MEDICAL EXAMINATIONS 1) In those situations, where the VILLAGE requires a medical examination, the entire costs shall be borne by the VILLAGE. 2) The VILLAGE will provide those vaccinations and examinations required by Section 112.18 and Section 112.181, Florida Statutes. 3) The VILLAGE may order an employee to undergo an examination to determine fitness for duty when the VILLAGE has a reasonable suspicion that the employee is unfit to perform their duties. "Reasonable suspicion" means a belief drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion testing shall not be required except upon the final approval of the Police Chief, after the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: A. Abnormal conduct or erratic behavior while at work; or B. A significant deterioration in work performance; or C. Excessive use of sick time. 4) The VILLAGE shall provide employees with testing after exposures to certain biological hazards while on duty. The testing shall be conducted in accordance with accepted medical practices and shall be designed to detect the presence of the biological hazard for which the test is conducted. The VILLAGE will provide testing to employees upon exposure to any of the following hazards: A. Hepatitis A, B, or C B. Measles C. Polio D. Varicella E. HIV/AIDS {00505747.2 1823-9704441} April 9, 2022 42 F. Heavy Metals G. Tuberculosis 5) The VILLAGE will also provide flu shots annually for all employees, if not available to employees at no cost through the Village’s health insurance provider. {00505747.2 1823-9704441} April 9, 2022 43 ARTICLE 25 UNIFORM AND CLOTHING ALLOWANCE 1. An eighty-five ($85.00) dollar monthly allowance shall be paid to all members of the bargaining unit for the repair and cleaning of clothing used in the performance of duty. Plain clothed employees will receive an annual lump sum of $500.00, prorated to time assigned, for the purchase of work clothing. 2. Uniforms damaged beyond repair in the line of duty shall be replaced by the VILLAGE at no cost to the employee. 3. Costs for repair or replacement of watches or eyeglasses damaged or destroyed while in the course of duty will be paid by the VILLAGE at a cost not to exceed one hundred ($100.00) dollars per item. 4. A shoe allowance of one hundred twenty-five ($125.00) dollars per year shall be paid to all bargaining unit members during the first pay period in October. 5. Road Patrol shall be issued three (3) shirts and three (3) pair of pants annually. {00505747.2 1823-9704441} April 9, 2022 44 ARTICLE 26 VEHICLES AND EQUIPMENT 1. Personal Vehicles: In the event an employee (if authorized and directed in advance) uses their own automobile for the performance of official duties on behalf of the VILLAGE, the employee will be compensated at the IRS rate prevailing at the time of use. 2. Take Home Vehicles: VILLAGE vehicle use shall be covered by the VILLAGE’S adopted “Village Vehicle and Take Home Vehicle Policy” (Appendix F). The allowance of a take home vehicle is a discretionary benefit and may be revoked by the Village Manager when, in the Village Manager’s sole discretion, the Manager determines that the take home vehicle use is not fiscally or operationally justified. {00505747.2 1823-9704441} April 9, 2022 45 ARTICLE 27 WAGES YEAR ONE Slotting and the commencement of the compensation increases resulting from this agreement will take effect the first full pay period following mutual ratification of this Agreement. Contract Implementation Payment Each member of the bargaining unit will be compensated a lump sum non-pensionable payment of $1,000.00 to be included in the member’s first full pay period paycheck following mutual ratification. Slotting Into Step Pay Plan The Step Plan is attached as Appendix B. Employees will be slotted into the first step providing an increase in the employee’s current annual pay, as provided in Appendix C Evaluation Based Step Increase On their anniversary date employees who receive a satisfactory evaluation will advance to the next step of their classification. Employees who reached their anniversary date between 10/1/2021 and the date of mutual ratification of this Agreement will be contemporaneously slotted and advance to the next step of their classification. YEAR TWO Employees will advance to the next step of their classification on the employee’s anniversary date. {00505747.2 1823-9704441} April 9, 2022 46 YEAR THREE Employees will advance to the next step of their classification on the employee’s anniversary date. Steps Contingent of Evaluation Employee step increases are contingent on the employee’s individual, weighted performance review evaluation, for which relevant forms are attached as Composite Appendix D. Employees will be entitled to their annual step increase if they receive a weighted performance evaluation score of “Satisfactory” or above. If the employee receives a weighted evaluation less than “Satisfactory, then the employee will be given one (1) opportunity to raise such deficient evaluation for purposes of receiving the step increase for that pay year as follows: An employee who receives a weighted performance evaluation rating that is below “satisfactory” will meet with that employee’s first-level supervisor, and the supervisor will provide the employee with specific performance improvement goals. The employee will be re-evaluated ninety (90) days following this counseling session. If the employee’s weighted performance score increases to “Satisfactory” or above, then the employee will receive the step increase the next full pay period after achieving a Satisfactory review. No Increases Over Top Out No employee will receive a base wage increase or lump sum payment over the top pay for the employee’s classification in the Village step plan. New Hire Compensation The minimum step established for the bargaining unit positions in the VILLAGE step plan shall be paid upon employment to "new hire" employees, except that a higher step may be paid when the entry step is approved by the VILLAGE Manager following a written justification from the Police Chief. Approval will be based on the exceptional qualifications of the appointee or the inability to attract adequate personnel at the entry level step. The Police Chief shall address in their justification the steps of current members of the department who have comparable years of service as the recommended new hire. Assignment Pay {00505747.2 1823-9704441} April 9, 2022 47 Assignment pay for each member assigned by the Police Chief to Field Training Officers, Detectives, Neighborhood Enhancement Team (NET), Communications Training Officers, Crime Scene Technician/Evidence Custodian, Motor, K9, Marine Patrol, SOG and Night Shift will be 5% annually, prorated to time assigned as those units above. Assignments are discretionary temporary appointments by the Police Chief. The appointment to or removal from an assignment is not subject to grievance or appeal. An employee may not receive added compensation for more than two (2) assignment pay categories (canine excluded). Take Home Vehicle Payroll Deductions: All employees using a take-home vehicle must sign and submit to the Finance Department the attached Take-Home Vehicle Payroll Deduction Form (Appendix G) upon being eligible for a take-home vehicle in accordance with the parameters of the Village Vehicle and Take Home Policy. The employee shall be charged the following amount by payroll deduction, depending on how far the employee lives from their work location, for the ability to use a take-home vehicle: 0-25 miles $0 per pay period Over 25 Miles to 30 Miles $35 per pay period Over 30 Miles to 45 Miles $60 per pay period Over 45 miles $85 per pay period {00505747.2 1823-9704441} April 9, 2022 48 ARTICLE 28 PENSION 1. Retirement benefits for PBA bargaining unit members are as set forth in Chapter 2, Article V, Division 4. of the Village Code of Ordinances.c 2. The following amendments to benefits and contributions will take effect during the term of this Agreement: A. The 75% pension maximum monthly pension benefit cap will be increased to 80% of AME for employees who retire after 10/1/22 ME; and B. the multiplier increased from 2.75% to 3% for years of service after 10/1/2022; and C. Employee contributions will increase: From 7% to 8.5% 10/1/2022; and From 8.5% to 10% 10/1/2023. 3. Funds received from the State of Florida (175 and 185 money) will be applied to reduce Village required annual payment to pension fund. 4. Each employee who is a member of the Board of Trustees of the Village of North Palm Beach Fire and Police Retirement Fund shall be granted twenty-four (24) hours of administrative leave with pay each calendar year in order to allow the employee to attend educational seminars or conferences related to the performance of their duties as a trustee or pension benefits or issues. 5. The VILLAGE shall match bargaining unit employee contributions to a VILLAGE approved Chapter 457 Deferred Compensation Plan at a rate fifty cents ($0.50) for every one dollar ($1.00) contributed to such plan up to a maximum of ($120) dollars per month ($1440 annually) to be contributed by the VILLAGE on behalf of each bargaining unit employee. 6. Pension benefits for employees is codified in the Village Code of Ordinances, Article V, Division 4. See Appendix E. c Plan will be amended to reflect bargaining outcome with Police and Fire Unions {00505747.2 1823-9704441} April 9, 2022 49 7. All DROP program benefits and contributions will remain the same. 8. The definition of “Earnings” will include up to 300 hours of overtime compensation. {00505747.2 1823-9704441} April 9, 2022 50 ARTICLE 29 TRAINING 1. The VILLAGE will provide one week's advance notice for any training scheduled for weekends. 2. Any training beyond Miami-Dade, Broward, Martin, St. Lucie, and Palm Beach County will allow for an overnight stay paid for by the VILLAGE. When training in Miami- Dade County involves a two-day class, the night between the training days will allow for an overnight stay paid for by the VILLAGE. {00505747.2 1823-9704441} April 9, 2022 51 ARTICLE 30 PROBATIONARY EMPLOYEES 1. All new employees shall be designated as probationary employees and will remain in probationary status in their classification for one (1) year from their date of graduation from the academy, or one (1) year from their date of employment in the case of an employee hired who is already a certified officer who does not attend the academy. During probation, employees are “at will” employees who may be terminated with or without a statement of cause. 2. Periods of absence of three (3) shifts or more during probation will extend the probationary period by the amount of the absence or one week, whichever is greater. 3. The probationary period shall be regarded as an intrinsic part of the examination process and shall be used for observing the employee's performance and suitability for Village employment. 4. Upon the satisfactory completion of the probationary period, the employee shall attain regular status. {00505747.2 1823-9704441} April 9, 2022 52 ARTICLE 31 RIGHTS WHILE UNDER INVESTIGATION Nothing in this Agreement is intended to limit or expand the rights or remedies provided to a law enforcement officer who is under investigation as set forth in sections 112.532, Florida Statutes, as amended from time to time. For ease of reference, the statute is incorporate herein as Appendix A. Inclusion of this reference does not create a right to grieve or appeal a violation of statute through either the grievance (Article 16) or disciplinary appeal (Article 17) procedures set forth in the Agreement, but violations of these rights may be raised as evidence in a matter subject to grievance or disciplinary appeal. {00505747.2 1823-9704441} April 9, 2022 53 ARTICLE 32 POLICE OFFICER TRAINEE PROGRAM The VILLAGE may offer a Police Officer Trainee Program, designed to recruit and incentivize quality employees. {00505747.2 1823-9704441} April 9, 2022 54 ARTICLE 33 ENTIRE AGREEMENT 1. The VILLAGE and the ASSOCIATION acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth and solely embodied in this Agreement. All negotiable items that should or could have been discussed, were discussed; therefore, neither party shall be obligated to negotiate or bargain collectively with respect to any subject or matter, whether referred to herein or not, except as otherwise specifically required in this Agreement. 2. Therefore, this Agreement contains the entire contract, understandings, undertaking and agreement of the parties hereto and finally determines and settles all matters of collective bargaining for and during its term. 3. In the event of a conflict between this agreement and any collateral document, the terms of this Agreement shall control. 4. Nothing in this Article shall be construed to diminish or affect the Association’s right to request bargaining on new issues surrounding mandatory subjects of bargaining or to request impact bargaining. Correspondingly, nothing in this agreement shall be construed as a waiver or limitation on the Village’s management rights as granted by §447.203, Florida Statutes. {00505747.2 1823-9704441} April 9, 2022 55 ARTICLE 34 DURATION 1. This three-year Agreement shall be effective from date of ratification by both parties, and it remains in full force and effect until the thirtieth (30th) day of September 2024. 2. No employee will receive a salary increase or lump sum payment other than an adjustment that results from a promotion or demotion, or a cost of living adjustment beyond September 30, 2024, except as provided in a subsequent Collective Bargaining Agreement as negotiated and ratified by the parties. 3. The VILLAGE and the PBA will commence bargaining for a successor agreement on or about May 30th, 2024. The Parties agree to discuss and consider anniversary step increases for those whose anniversary dates fall between October 1, 2024, and May of 2025. {00505747.2 1823-9704441} April 9, 2022 56 SIGNATURE PAGE THE VILLAGE OF NORTH PALM BEACH ____________________________ Village Manager _____________________________ Jessica Green, Village Clerk PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. ______________________________ John Kazanjian President, Palm Beach County Police Benevolent Association, Inc. Date of ratification by Bargaining Unit: _______________________ Date of ratification by the VILLAGE COUNCIL: _________________________ {00505747.2 1823-9704441} April 9, 2022 57 APPENDICES Appendix A Law Enforcement Officers Bill of Rights Appendix B Step Plan Appendix C Slotting Plan Appendix D Composite Evaluation Forms Appendix E Pension Plan Appendix F Village Vehicle and Take Home Vehicle Policy Appendix G Take-Home Vehicle Payroll Deduction Form {00505574.2 1823-9704441} 1 APPENDIX A 112.532. Law enforcement officers’ and correctional officers’ rights All law enforcement officers and correctional officers employed by or appointed to a law enforcement agency or a correctional agency shall have the following rights and privileges: (1) Rights of law enforcement officers and correctional officers while under investigation.--Whenever a law enforcement officer or correctional officer is under investigation and subject to interrogation by members of his or her agency for any reason that could lead to disciplinary action, suspension, demotion, or dismissal, the interrogation must be conducted under the following conditions: (a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement officer or correctional officer is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. (b) The interrogation shall take place either at the office of the command of the investigating officer or at the office of the local precinct, police unit, or correctional unit in which the incident allegedly occurred, as designated by the investigating officer or agency. (c) The law enforcement officer or correctional officer under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the officer under interrogation shall be asked by or through one interrogator during any one investigative interrogation, unless specifically waived by the officer under investigation. (d) The law enforcement officer or correctional officer under investigation must be informed of the nature of the investigation before any interrogation begins, and he or she must be informed of the names of all complainants. All identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer. The complaint, all witness statements, including all other existing subject officer statements, and all other existing evidence, including, but not limited to, incident reports, GPS locator information, and audio or video recordings relating to the incident under investigation, must be provided to each officer who is the subject of the complaint before the beginning of any investigative interview of that officer. An officer, after being informed of the right to review witness statements, may voluntarily waive the provisions of this paragraph and provide a voluntary statement at any time. (e) Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. {00505574.2 1823-9704441} 2 (f) The law enforcement officer or correctional officer under interrogation may not be subjected to offensive language or be threatened with transfer, dismissal, or disciplinary action. A promise or reward may not be made as an inducement to answer any questions. (g) The formal interrogation of a law enforcement officer or correctional officer, including all recess periods, must be recorded on audio tape, or otherwise preserved in such a manner as to allow a transcript to be prepared, and there shall be no unrecorded questions or statements. Upon the request of the interrogated officer, a copy of any recording of the interrogation session must be made available to the interrogated officer no later than 72 hours, excluding holidays and weekends, following said interrogation. (h) If the law enforcement officer or correctional officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he or she shall be completely informed of all his or her rights before commencing the interrogation. (i) At the request of any law enforcement officer or correctional officer under investigation, he or she has the right to be represented by counsel or any other representative of his or her choice, who shall be present at all times during the interrogation whenever the interrogation relates to the officer’s continued fitness for law enforcement or correctional service. (j) Notwithstanding the rights and privileges provided by this part, this part does not limit the right of an agency to discipline or to pursue criminal charges against an officer. (2) Complaint review boards.--A complaint review board shall be composed of three members: One member selected by the chief administrator of the agency or unit; one member selected by the aggrieved officer; and a third member to be selected by the other two members. Agencies or units having more than 100 law enforcement officers or correctional officers shall utilize a five-member board, with two members being selected by the administrator, two members being selected by the aggrieved officer, and the fifth member being selected by the other four members. The board members shall be law enforcement officers or correctional officers selected from any state, county, or municipal agency within the county. There shall be a board for law enforcement officers and a board for correctional officers whose members shall be from the same discipline as the aggrieved officer. The provisions of this subsection shall not apply to sheriffs or deputy sheriffs. (3) Civil suits brought by law enforcement officers or correctional officers.--Every law enforcement officer or correctional officer shall have the right to bring civil suit against any person, group of persons, or organization or corporation, or the head of such organization or corporation, for damages, either pecuniary or otherwise, suffered during the performance of the officer’s official duties, for abridgment of the officer’s civil rights arising out of the officer’s performance of official duties, or for filing a complaint against the officer which the person knew was false when it was filed. This section does not establish a separate civil action against the officer’s employing law enforcement agency for the investigation and processing of a complaint filed under this part. (4) Notice of disciplinary action; copy of and opportunity to address contents of investigative file; confidentiality.-- {00505574.2 1823-9704441} 3 (a) A dismissal, demotion, transfer, reassignment, or other personnel action that might result in loss of pay or benefits or that might otherwise be considered a punitive measure may not be taken against any law enforcement officer or correctional officer unless the law enforcement officer or correctional officer is notified of the action and the reason or reasons for the action before the effective date of the action. (b) Notwithstanding s. 112.533(2), whenever a law enforcement officer or correctional officer is subject to disciplinary action consisting of suspension with loss of pay, demotion, or dismissal, the officer or the officer’s representative shall, upon request, be provided with a complete copy of the investigative file, including the final investigative report and all evidence, and with the opportunity to address the findings in the report with the employing law enforcement agency before imposing disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. The contents of the complaint and investigation shall remain confidential until such time as the employing law enforcement agency makes a final determination whether or not to issue a notice of disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. This paragraph does not provide law enforcement officers with a property interest or expectancy of continued employment, employment, or appointment as a law enforcement officer. (5) Retaliation for exercising rights.--No law enforcement officer or correctional officer shall be discharged; disciplined; demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to his or her employment or appointment, or be threatened with any such treatment, by reason of his or her exercise of the rights granted by this part. (6) Limitations period for disciplinary actions.-- (a) Except as provided in this subsection, disciplinary action, suspension, demotion, or dismissal may not be undertaken by an agency against a law enforcement officer or correctional officer for any act, omission, or other allegation or complaint of misconduct, regardless of the origin of the allegation or complaint, if the investigation of the allegation or complaint is not completed within 180 days after the date the agency receives notice of the allegation or complaint by a person authorized by the agency to initiate an investigation of the misconduct. If the agency determines that disciplinary action is appropriate, it shall complete its investigation and give notice in writing to the law enforcement officer or correctional officer of its intent to proceed with disciplinary action, along with a proposal of the specific action sought, including length of suspension, if applicable. Notice to the officer must be provided within 180 days after the date the agency received notice of the alleged misconduct, regardless of the origin of the allegation or complaint, except as follows: 1. The running of the limitations period may be tolled for a period specified in a written waiver of the limitation by the law enforcement officer or correctional officer. 2. The running of the limitations period is tolled during the time that any criminal investigation or prosecution is pending in connection with the act, omission, or other allegation of misconduct. 3. If the investigation involves an officer who is incapacitated or otherwise unavailable, the running of the limitations period is tolled during the period of incapacitation or unavailability. {00505574.2 1823-9704441} 4 4. In a multijurisdictional investigation, the limitations period may be extended for a period of time reasonably necessary to facilitate the coordination of the agencies involved. 5. The running of the limitations period may be tolled for emergencies or natural disasters during the time period wherein the Governor has declared a state of emergency within the jurisdictional boundaries of the concerned agency. 6. The running of the limitations period is tolled during the time that the officer’s compliance hearing proceeding is continuing beginning with the filing of the notice of violation and a request for a hearing and ending with the written determination of the compliance review panel or upon the violation being remedied by the agency. (b) An investigation against a law enforcement officer or correctional officer may be reopened, notwithstanding the limitations period for commencing disciplinary action, demotion, or dismissal, if: 1. Significant new evidence has been discovered that is likely to affect the outcome of the investigation. 2. The evidence could not have reasonably been discovered in the normal course of investigation or the evidence resulted from the predisciplinary response of the officer. Any disciplinary action resulting from an investigation that is reopened pursuant to this paragraph must be completed within 90 days after the date the investigation is reopened. APPENDIX B – STEP PLAN Pay Schedule for Fiscal Year 2021-2022 RECORDS CLERK POLICE OFFICER SERGEANT STEP PAY STEP PAY STEP PAY 1 $51,809.20 1 $60,541.32 1 $76,432.02 2 $53,581.07 2 $62,660.27 2 $79,107.14 3 $55,413.55 3 $64,853.38 3 $81,875.89 4 $57,308.69 4 $67,123.25 4 $84,741.55 5 $59,268.65 5 $69,472.56 5 $87,707.50 6 $61,295.64 6 $71,904.10 6 $90,777.27 7 $63,391.95 7 $74,420.74 7 $93,954.47 8 $65,559.95 8 $77,025.47 8 $97,242.88 9 $67,802.10 9 $79,721.36 9 $100,646.38 10 $70,120.93 10 $82,511.61 10 $104,169.00 11 $72,519.07 11 $85,399.51 11 $107,814.92 12 $74,999.22 12 $88,388.50 12 $111,588.44 13 $77,564.19 13 $91,482.09 13 $115,494.03 14 $80,216.89 14 $94,683.97 14 $119,536.33 15 $82,894.71 15 $97,997.91 15 $123,720.10 Pay Schedule for Fiscal Year 2022-2023 RECORDS CLERK POLICE OFFICER SERGEANT STEP PAY STEP PAY STEP PAY 1 $51,809.20 1 $62,962.98 1 $79,489.30 2 $53,581.07 2 $65,166.68 2 $82,271.43 3 $55,413.55 3 $67,447.51 3 $85,150.93 4 $57,308.69 4 $69,808.18 4 $88,131.21 5 $59,268.65 5 $72,251.46 5 $91,215.80 6 $61,295.64 6 $74,780.26 6 $94,408.36 7 $63,391.95 7 $77,397.57 7 $97,712.65 8 $65,559.95 8 $80,106.49 8 $101,132.59 9 $67,802.10 9 $82,910.21 9 $104,672.23 10 $70,120.93 10 $85,812.07 10 $108,335.76 11 $72,519.07 11 $88,815.49 11 $112,127.51 12 $74,999.22 12 $91,924.04 12 $116,051.98 13 $77,564.19 13 $95,141.38 13 $120,113.80 14 $80,216.89 14 $98,471.33 14 $124,317.78 15 $82,894.71 15 $101,917.82 15 $128,668.90 APPENDIX B – STEP PLAN Pay Schedule for Fiscal Year 2023-2024 RECORDS CLERK POLICE OFFICER SERGEANT STEP PAY STEP PAY STEP PAY 1 $51,809.20 1 $65,481.49 1 $82,668.88 2 $53,581.07 2 $67,773.35 2 $85,562.29 3 $55,413.55 3 $70,145.41 3 $88,556.97 4 $57,308.69 4 $72,600.50 4 $91,656.46 5 $59,268.65 5 $75,141.52 5 $94,864.44 6 $61,295.64 6 $77,771.47 6 $98,184.69 7 $63,391.95 7 $80,493.48 7 $101,621.16 8 $65,559.95 8 $83,310.75 8 $105,177.90 9 $67,802.10 9 $86,226.62 9 $108,859.12 10 $70,120.93 10 $89,244.56 10 $112,669.19 11 $72,519.07 11 $92,368.11 11 $116,612.61 12 $74,999.22 12 $95,601.00 12 $120,694.06 13 $77,564.19 13 $98,947.03 13 $124,918.35 14 $80,216.89 14 $102,410.18 14 $129,290.49 15 $82,894.71 15 $105,994.54 15 $133,815.66 APPENDIX C – INITIAL SLOTTING LAST NAME FIRST NAME POSITION INITIAL STEP MEKOLIAVITCH STEVEN SERGEANT 14 KOENIG KEITH SERGEANT 14 PEARSON LOUIS SERGEANT 14 ORTIZ-ADARMES JAVIER SERGEANT 13 CIEZAK EDWARD SERGEANT 6 COUNCIL ANDREW SERGEANT 12 METAYER ROSEMITH RECORDS CLERK 12 STEADE RODERICK POLICE OFFICER 14 HACHIGIAN GEORGE POLICE OFFICER 14 ABRAMCZYK MICHAEL POLICE OFFICER 14 MIZE MICHAEL POLICE OFFICER 14 BEARSBY KEVIN POLICE OFFICER 14 MILLER STEVEN POLICE OFFICER 14 ALDRIDGE ZACHARY POLICE OFFICER 14 COLLURA YESENIA POLICE OFFICER 11 LOPEZ GEORGE POLICE OFFICER 11 JOHNSON RUSSELL POLICE OFFICER 7 LEW GARY POLICE OFFICER 6 BUSSEK DANIEL POLICE OFFICER 6 NEWMAN JENNIFER POLICE OFFICER 5 DAVIS TREVOR POLICE OFFICER 3 PRUD'HOMME DANIEL POLICE OFFICER 4 PEREZ CHRISTOPHER POLICE OFFICER 4 HERNANDEZ NICHOLAS POLICE OFFICER 4 WRIGHT JAMES POLICE OFFICER 1 TRIMBLE DELANEY POLICE OFFICER 1 RIGGOTT KATELYN POLICE OFFICER 1 MILORD JHAMIL POLICE OFFICER 1 SOUTHER AUSTIN POLICE OFFICER 1 BLUM SAVANNAH POLICE OFFICER 1 VITHOULKAS KONSTANTIN POLICE OFFICER 8 TONKIN JOVICA POLICE OFFICER 1 INDIVIDUAL Performance Review Form NAME: ____________________________________________ DEPT: ________________________ REVIEW PERIOD: _________________ to _______________ REVIEW DATE: ________________ TITLE: _________________________________ REVIEWER NAME: ________________________ TYPE OF EVAULATION: ( ) Annual ( ) Probationary ( ) Preliminary/Special RATING: __________ PERFORMANCE RATING DEFINTIONS EXCEPTIONAL (5) Outstanding performance that results in extraordinary and exceptional accomplishments with significant contributions to objectives of the department, division or Village. Performance serves a benchmark for others in the organization. ABOVE AVERAGE (4) Consistently generates results above those expected of the position. Contributes in an above average manner to innovations both technical and functional. SATISFACTORY (3) Good performance while fulfilling all position requirements and may on occasion generate results above those expected of the position. DEVELOPMENT REQUIRED / NEEDS IMPROVEMENT (2) Performance leaves room for improvement. This performance level may be the result of new or inexperienced employee on the job or an employee not responding favorably to instruction. UNACCEPTABLE (1) Lowest performance level which is clearly less than acceptable and is obviously well below minimum position requirements. Situation requires immediate review and action. Possible separation or reassignment is in order without significant and immediate performance improvement. MANAGERIAL COMMENTS Noteworthy and strong areas of performance: Areas requiring improvement in performance: If applicable, what has the employee done to improve performance from the previous review or onset of employment if no previous reviews have been conducted? Developmental Plans: ________________________________ __________ ________________________________ __________ Employee Signature* Date Reviewer Signature Date ________________________________ __________ Department Head Signature Date *Note: Employee’s signature does not signify agreement with the supervisor’s rating, but indicates that the evaluation has been disc ussed with the employee. 1. JOB KNOWLEDGE (3) Exhibits knowledge of services, policies and procedures; proficient with techniques, skills, equipment and materials. Serves as a resource for others. 5 Expert in job; has thorough grasp of all phases of job. 4 Very well informed, seldom requires assistance and instruction. 3 Satisfactory job knowledge; understands and performs most phases of job well, occasionally requires assistance or instruction. 2 Limited knowledge of job, further training required; frequently requires assistance or instruction. 1 Lacks knowledge to perform job properly. COMMENTS: RATING: 2. QUANTITY & QUALITY OF WORK (3) Volume of work produced by the employee. The extent to which the employee can be depended upon to perform work free of errors, mistakes and completed on time. 5 High volume producer; always does more than is expected or required; highest quality; beats deadlines. 4 Produces more than most; very reliable, above average, usually persists in spite of difficulties. Meets deadlines. 3 Handles a satisfactory volume of work, occasionally does more than is required. Usually gets the job done on time and produces error-free work. 2 Barely acceptable, low output, below average. Sometimes unreliable, frequent errors; satisfied to do the bare minimum. 1 Extremely low output, not acceptable, excessive errors and mistakes; very poor quality; gives up easily. COMMENTS: RATING: 3. CREATIVITY (1) Uses innovative, out-of-the-box thinking, taking intelligent risks, looking for benchmarks and best in class ideas to achieve quality results. 5 Displays inventive drive and perseverance; anticipates needed actions, frequently suggests better ways of doing things. 4 Progressive, makes some suggestions for improvement. 3 Very good performance; shows creativity in completing tasks. 2 Does not proceed on own, must be directed; lacks inspiration. 1 No innovation, less than satisfactory performance. COMMENTS: RATING: 4. JUDGMENT (2) Makes decisions which are sound. Ability to base decisions on fact rather than emotion. Makes safety a priority. 5 Uses exceptionally good judgment when analyzing facts and solving problems. Always acts safely. 4 Above average judgment and decision-making. Acts with safety in mind. 3 Handles most situations very well and makes sound, safe decisions under normal circumstances. 2 Uses questionable judgment at times, room for improvement. Lacks focus on safety. 1 Uses poor judgment and safety when dealing with people and situations. COMMENTS: RATING: 5. TEAMWORK (3) Works harmoniously with others in getting a job done. Readiness to respond positively to instructions and procedures. 5 Goes out of the way to cooperate and work well with overall group or department. 4 Very cooperative; stimulates teamwork and good attitude with others. 3 Cooperative; gets along well with others. 2 Indifferent; makes little effort to cooperate or is disruptive to the overall group or department. 1 Negative attitude and difficult to collaborate with. COMMENTS: RATING: 6. INITIATIVE (3) Takes responsibility for task or plan from start to completion. Anticipates situations rather than reacting to them. Initiates new actions or plans within scope of job. 5 Displays drive and perseverance; anticipates needed actions, frequently suggests better ways of doing things. 4 Self-starter; proceeds on own with little or no direction, progressive, makes some suggestions for improvement. 3 Very good performance; shows initiative in completing tasks. 2 Does not proceed on own, must be directed; lacks initiative. 1 No initiative, less than satisfactory performance. COMMENTS: RATING: 7. COMMUNICATION (2) Clearly conveys information with appropriate purpose and detail. Matches communication style with audience. Listens effectively and responds to input. 5 Always expresses message clearly in verbal and written means to intended audience. Expert active listener. Understands complex messages and instructions. 4 Above average listening, comprehension and communication skills. 3 Able to express personal viewpoint. Consistently attempts to engage in active listening. Readily comprehends written and verbal instructions when first presented. 2 Has difficulty with facts, ideas and/or questions. Misinterprets or is slow to comprehend instructions. 1 Does not communicate or does so poorly COMMENTS: RATING: 8. CUSTOMER FOCUS (3) Always puts the customer first. Works to provide the highest quality service with respect, responsiveness, and timeliness. 5 Always provides excellent service to all customers, frequently going beyond what is required. Responds to customer requests with high degree of sensitivity and a sense of urgency 4 Provides sound and above average customer service. Responds to customer requests exceeding expectations. 3 Usually identifies customer need. Usually is responsive, positive and flexible in meeting customer expectations. 2 Lacking in concern for customer. Misses cues and customer expectations. 1 Unacceptable customer focus. Receives customer complaints. COMMENTS: RATING: EMPLOYEE COMMENTS: SUPERVISOR / MANAGER Performance Review Form NAME: ____________________________________________ DEPT: ________________________ REVIEW PERIOD: _________________ to _______________ REVIEW DATE: ________________ TITLE: _________________________________ REVIEWER NAME: ________________________ TYPE OF EVAULATION: ( ) Annual ( ) Probationary ( ) Preliminary/Special RATING: __________ PERFORMANCE RATING DEFINTIONS EXCEPTIONAL (5) Outstanding performance that results in extraordinary and exceptional accomplishments with significant contributions to objectives of the department, division or Village. Performance serves a benchmark for others in the organization. ABOVE AVERAGE (4) Consistently generates results above those expected of the position. Contributes in an above average manner to innovations both technical and functional. SATISFACTORY (3) Good performance while fulfilling all position requirements and may on occasion generate results above those expected of the position. DEVELOPMENT REQUIRED / NEEDS IMPROVEMENT (2) Performance leaves room for improvement. This performance level may be the result of new or inexperienced employee on the job or an employee not responding favorably to instruction. UNACCEPTABLE (1) Lowest performance level which is clearly less than acceptable and is obviously well below minimum position requirements. Situation requires immediate review and action. Possible separation or reassignment is in order without significant and immediate performance improvement. DIRECTOR COMMENTS Noteworthy and strong areas of performance: Areas requiring improvement in performance: What has the employee done to improve performance from the previous review? Developmental Plans: ________________________________ __________ ________________________________ __________ Employee Signature Date Department Head Signature Date 1. JOB KNOWLEDGE (2) Exhibits knowledge of services, policies and procedures; proficient with techniques, skills, equipment and materials. Serves as a resource for others. 5 Expert in job; has thorough grasp of all phases of job. 4 Very well informed, seldom requires assistance and instruction. 3 Satisfactory job knowledge; understands and performs most phases of job well, occasionally requires assistance or instruction. 2 Limited knowledge of job; further training required; frequently requires assistance or instruction. 1 Lacks knowledge to perform job properly. COMMENTS: RATING: 2. QUANTITY & QUALITY OF WORK (1) Volume of work product produced by the employee. The extent to which the employee can be depended upon to perform work free of errors, mistakes and completed on time. 5 High volume producer; always does more than is expected or required; highest quality; beats deadlines. 4 Produces more than most; very reliable, above average, usually persists in spite of difficulties. Meets deadlines. 3 Handles a satisfactory volume of work, occasionally does more than is required. Usually gets the job done on time and produces error-free work. 2 Barely acceptable, low output, below average. Sometimes unreliable, frequent errors; satisfied to do the bare minimum. 1 Extremely low output, not acceptable, excessive errors and mistakes; very poor quality; gives up easily. COMMENTS: RATING: 3. CREATIVITY (1) Uses innovative, out-of-the-box thinking, taking intelligent risks, looking for benchmarks and best in class ideas to achieve quality results. 5 Displays inventive drive and perseverance; anticipates needed actions, frequently suggests better ways of doing things. 4 Progressive, makes some suggestions for improvement. 3 Very good performance; shows creativity in completing tasks. 2 Does not proceed on own, must be directed; lacks inspiration. 1 No innovation, less than satisfactory performance. COMMENTS: RATING: 4. TEAMWORK (2) Works harmoniously with others in getting a job done. Readiness to respond positively to instructions and procedures. 5 Goes out of the way to cooperate and work well with overall group or department. 4 Very cooperative; stimulates teamwork and good attitude with others. 3 Cooperative; gets along well with others. 2 Indifferent; makes little effort to cooperate or is disruptive to the overall group or department. 1 Negative attitude and difficult to collaborate with. COMMENTS: RATING: 5. INITIATIVE (1) Takes responsibility for task or plan from start to completion. Anticipates situations rather than reacting to them. Initiates new actions or plans within scope of job. 5 Displays drive and perseverance; anticipates needed actions, frequently suggests better ways of doing things. 4 Self-starter; proceeds on own with little or no direction, progressive, makes some suggestions for improvement. 3 Very good performance; shows initiative in completing tasks. 2 Does not proceed on own, must be directed; lacks initiative. 1 No initiative, less than satisfactory performance. COMMENTS: RATING: 6. COMMUNICATION (2) Clearly conveys information with appropriate purpose and detail. Matches communication style with audience. Listens effectively and responds to input. 5 Always expresses message clearly in verbal and written means to intended audience. Expert active listener. Understands complex messages and instructions. 4 Above average listening, comprehension and communication skills. 3 Able to express personal viewpoint. Consistently attempts to engage in active listening. Readily comprehends written and verbal instructions when first presented. 2 Has difficulty with facts, ideas and/or questions. Misinterprets or is slow to comprehend instructions. 1 Does not communicate or does so poorly COMMENTS: RATING: 7. CUSTOMER FOCUS (2) Always puts the customer first. Works to provide the highest quality service with respect, responsiveness, and timeliness. 5 Always provides excellent service to all customers, frequently going beyond what is required. Responds to customer requests with high degree of sensitivity and a sense of urgency 4 Provides sound and above average customer service. Responds to customer requests exceeding expectations. 3 Usually identifies customer need. Usually is responsive, positive and flexible in meeting customer expectations. 2 Lacking in concern for customer. Misses cues and customer expectations. 1 Unacceptable customer focus. Receives customer complaints. COMMENTS: RATING: 8. PLANNING & ORGANIZING (3) The ability to analyze work, set goals, develop plans of action, optimally utilizes time. Consider amount of supervision required and extent to which employee can be trusted to carry out assignments effectively. 5 Exceptionally good planning and organizing skills. 4 Above average planning and organizing. Usually carries out assignments effectively. 3 Average planning and organizing. Occasionally requires assistance. 2 Room for improvement. Frequently requires assistance. 1 Unacceptable planning and organizing skills. COMMENTS: RATING: 9. SUPERVISING & DELEGATING (3) The ability to create a motivating climate, achieve teamwork, train and develop, measure work in progress, take corrective action. Inspires employees to assume accountability. 5 Exceptional leader; others look up to this employee. 4 Above average. Usually motivational. Exhibits accountability. 3 Average directing and delegating in work group. Occasionally requires guidance. Generally holds self and team accountable. 2 Needs to improve management, motivational skills and accountability. 1 Sometimes needs to be reminded of leadership role. Avoids accountability. Directing and delegating skills are unacceptable. COMMENTS: RATING: 10. DECISION MAKING (3) Obtains and thoroughly analyzes facts; takes immediate corrective action; uses resources and techniques to develop sound solutions based on facts rather than emotion while foreseeing possible consequences. Makes safety a priority. 5 Uses exceptionally good judgment when analyzing facts and solving problems which are made in a timely manner. Actively promotes and models safe behavior. 4 Above average decision making abilities. Usually makes sound and timely decisions. Acts with safety in mind. 3 Average. Sometimes requires assistance in making decisions. 2 Uses questionable judgment at times, room for improvement. Lacks focus on safety. 1 Uses poor judgment; lacking in timeliness and safety when dealing with people and situations. COMMENTS: RATING: EMPLOYEE COMMENTS: ORDINANCE NO. 2019-11 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 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. WHEREAS, collective bargaining with the Unions that represent the Village's firefighter and police officer employees has been concluded with the ratification of new Collective Bargaining Agreements by the Village Council and the bargaining units; and WHEREAS, the new Collective Bargaining Agreements provide for amendments to the retirement benefits for police officers and firefighters; and WHEREAS, a majority of bargaining unit employees ratified their respective Agreements, including the provisions for increasing employee contributions; and WHEREAS, the Village Council finds that the retirement benefit amendments hereinafter described are fully consistent with the new Collective Bargaining Agreements; and WHEREAS, Village Administration has complied with all conditions precedent to the adoption of a pension plan amendment as required by Florida Statutes; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the public health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing "whereas" clauses are hereby ratified as true and are incorporated herein. Page 1 of 11 Section 2. The Village Council hereby amends Chapter 2, "Administration," Article V, Pensions and Retirement Systems," Division 4, "Pension and Certain Other Benefits for Fire and Police Employees," of the Village Code of Ordinance as follows (new language is underlined and deleted language is str-ieken tIffeug ): Sec. 2-159. Creation of trust and definitions. a) Creation of trust. A pension and retirement system for full-time firefighters and police officers of the village is hereby established to provide retirement, survivor and disability benefits as provided by this division. The system shall be known as the Village of North Palm Beach Fire and Police Retirement Fund and is intended to be a tax qualified plan under Internal Revenue Code Section 401(a) and meet the requirements of a governmental plan as defined in Internal Revenue Code Section 414(d). b) Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accrued benefit means the portion of a member's normal retirement benefit which is considered to have accrued as of any date. A member's accrued benefit for years of credited service earned before October 1, 2018 as of any date shall be equal to the sum of two and oe half (21,x) 2.50 percent of h s the member's average monthly earnings multiplied by his the member's credited service for the first twenty-four (24) years; zero (0) percent of his the member's average monthly earnings multiplied by the member's credited service for each year after twenty-four (24) years up to thirty (30) years; and two (2) percent of 14S the member's average monthly earnings multiplied by the member's credited service for each year in excess of thirty (30) years. A member's accrued benefit for years of credited service earned on and after October 1, 2018 (provided the member was employed by the Village on or after July 11, 2019) shall be equal to 2.75 percent per year of service. The total accrued benefit shall not be greater than 75.00 percent of average 'monthly earnings at the time of retirement including entry into the DROP), but in all cases the accrued benefit earned on and after October 1, 2018 shall be at least 2.75 percent per year of service on and after October 1, 2018. For purposes of this calculation, average monthly earnings and credited service as of the date of determination shall be used. The accrued benefit is considered to be payable in the plan's normal form commencing on the member's normal retirement date, with such date determined as through the member remains in full-time employment with the employer. Accumulated contributions means a member's own contributions plus interest credited thereto, if any, by the board. Actuarial equivalence or actuarially equivalent means that any benefit payable under the terms of this plan in a form other than the normal form of benefit shall have the same actuarial present value on the date payment Page 2 of 11 commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using seven (7) percent interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years in the case of disability retirees. Average monthly earnings means one -sixtieth of earnings of a member during the five (5) years of his employment within the last ten (10) years of employment, which is greater than the total during any other five (5) years during the ten-year period; provided that if a member shall have been employed for fewer than five (5) years, such average shall be taken over the period of his actual employment. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a member who has or have been designated in writing by the member and filed with the board. If no such designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board means the board of trustees which shall administer and manage the plan herein provided and serve as trustee of the fund. Credited service means the total number of years and fractional parts of years of service expressed as years and completed months, during which a person serves as an employee as defined below, omitting intervening years and fractional parts of years, when such person may not be employed by the employer; provided, however, such person may have, without interrupting his other years of credited service, up to one (1) year's leave of absence. Notwithstanding the foregoing, no employee will receive credit for years or fractional parts of years of service for which he has withdrawn his contributions to the pension fund for those years or fractional parts of years of service unless he repays into the pension fund the contributions he has withdrawn, with interest, within ninety (90) days after his reemployment, as provided in section 2-160 below. Further, an employee may voluntarily leave his contributions in the pension fund for a period of five (5) years after leaving the employ of the employer, pending the possibility of his being rehired, without losing credit for the time he has participated actively as an employee. Should he not be re- employed within five (5) years, his contributions shall be returned to him without interest. It is provided further that credited service shall include any service, voluntary or involuntary, in the armed forces of the United States, provided the employee is legally entitled to re-employment under the provisions of the federal Page 3 of 11 USERRA provisions or any similar law; and provided further that the employee shall apply for reemployment within the time and under the conditions prescribed by law. Effective January 1, 2007, members who die or become disabled while serving on active duty military service which intervenes the member's employment shall be entitled to the rights of this section even though such member was not re-employed by the village. Members who die or become disabled while on active duty military service shall be treated as though re- employed the day before the member became disabled or died, was credited with the service they would have been entitled to under this section, and then either died a non -duty death while employed or became disabled from a non -duty disability. Early retirement date means for each member the first day of the month coincident with or next following the date on which he attains his fiftieth (50th) birthday. Earnings means a member's gross salary, including overtime as provided below, public safety pay increment and special pay, but excluding bonuses, such as longevity, safety and attendance awards and any other non -regular payments such as unused sick leave or vacation time pay. Beginning with earnings after December 31, 2008 and pursuant to Internal Revenue Code Section 414(u)(7), the definition of earnings includes amounts paid by the village as differential wages to members who are absent from employment while serving in qualified military service. For Police Officer members only, effective the first full payroll following October 1, 2013, Police Officers will be limited to three hundred (300) hours of overtime per officer per fiscal year. For Firefighter members only, effective the first full payroll following December 11, 2014, Firefighters will be limited to two hundred (200) hours of overtime per firefighter per fiscal year. Effective date means March 1, 1967, the date on which this plan initially became effective. The effective date of this restated plan is the date as of which the village council adopts the plan. Employee means each actively employed full-time firefighter and police officer of the village. Employer means the Village of North Palm Beach, Florida. Firefighter means any person employed in the fire department who is certified as a firefighter as a condition of employment in accordance with the provisions of F.S. § 633.35, and whose duty it is to extinguish fires, to protect life, and to protect property. The term firefighter includes all certified, supervisory, and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time firefighters, part-time firefighters, or auxiliary firefighters but does not include part-time firefighters or auxiliary firefighters. Page 4 of 11 Fund means the trust fund established herein as part of the plan. Member means an employee who fulfills the prescribed participation requirements. Normal retirement date means for each member the first day of the month coincident with or next following the date on which the member attains age fifty- five (55) or the date on which the member attains age fifty-two (52) and has twenty-five (25) years of credited service. A member may retire on this normal retirement date or on the first day of any month thereafter. Plan or system means the Village of North Palm Beach Fire and Police Retirement Fund as contained herein and all amendments thereto. Plan year means each year commencing on October 1, and ending on September 30. Police officer means any person employed in the police department who is certified as a law enforcement officer as a condition of employment in accordance with the provisions of F.S. § 943.14, and who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers, but does not include part-time law enforcement officers or auxiliary law enforcement officers as the same are defined in F.S. §§ 943.10(6) and 943.10(8), respectively. Any public safety officer who is responsible for performing both police and fire services and who is certified as a police officer or firefighter shall be considered a police officer. Spouse shall mean the lawful wife or husband of a member at time of preretirement death or retirement. Sec. 2-161. Benefit amounts. a) Normal retirement benefit. 1) Amount. Each member who retires on or after hi -s the member's normal retirement date shall be eligible to receive a normal retirement benefit commencing on h s the member's actual retirement date. A retiree's maximum Page 5 of 11 monthlv aension benefit shall not exceed 75.00 percent of the retiree's average monthly earnings as that term is defined in Section 2- 159 above. In all cases, the benefit provided for _years of service on and after October 1, 2018 shall be at least 2.75 percent of average monthly earnings per year of service (provided the member was employed by the village on and after July 11, 2019). The monthly normal retirement benefit shall be calculated as follows: For Police Officer members: an An amount equal to the sum of two and one ha4f (24 1 2.50 percent of 14s the member's average monthly earnings multiplied by the member's credited servicerip or to October 1, 2018, and 2.75 percent for credited service on or after October 1, 2018 (provided the member remained employed by the Village as a police officer on or after July 11 2019) fefthe first t ^ (24) years; Tor^ nl i l Q rf"1'CV-' Ip'CL1 L '1 wi , uvi v v f per-eei 1 aver-age monthly eax. 1 .,,- ml Itiplie by the 1 _ n. Q . n 111E l mb c erted sefviee for- each year- after twenty feiir i74: vonra ur. to 4hir4y x301 yonrc.• and 1'w^ i7i r,ornov+t ^-Fhis average thly multipliedby the member's C ited servt h crony in exeess of thirty (30) years. Y `CA For Firefighter members: An amount equal to the sum of 2.50 percent of the member's average monthly earnings multiplied by the member's credited service prior to October 1, 2018, and 2.75 percent for credited service on or after October 1, 2018 (provided the member remained employed by the Village as a firefighter on or after July 11, 2019). Sec. 2-163. Contributions. a) Member contributions. 1) Amount. Members of the plan shall make regular contributions to the fund at rate equal to two (2) 2.00 percent of their respective earnings. For Police Officer members only: i) Effective at the beginning of the first full payroll period after October 1, 2013, the Police Office Page 6 of 11 member contribution shall increase to two and sixty-seven one hundredths (2.67) percent; Effective the first full payroll period after October 1, 2014, the Police Officer member contribution shall increase to three and thirty-three one hundredths (3.33) percent; and iii) Effective the first full payroll period after October 1, 2015, the Police Officer member contribution shall increase to four (4) percent. iv Effective the second payroll period following the adoption of Ordinance 2019-11, the Police Officer member shall contribute 6.00 percent of earnings. Lvj Effective the first payroll period after October 1, 2020, the Police Officer member shall contribute 7.00 percent of earnings, viDuring participation in the DROP, Police Officer members shall contribute 4.00 percent of earnings, with 3.00 percent credited to the member's DROP account and 1.00 percent applied to the Pension Plan Unfunded Actuarial Accrued Liability UAAL" . For Firefighter members only: i) Effective the beginning of the first full payroll period after April 1, 2015, the Firefighter member contribution shall increase to three and one-half 3.50) percent; and ii) Effective the first full payroll period after April 1, 2016, the Firefighter member contribution shall increase to five (5.00) percent. iii Effective with the second paroll period following adoption of Ordinance No. 2019-11, the Firefighter member contribution shall increase from 5.00 percent of earnings to 7.00 of earnings. iv During DROP, the Firefighter member shall contribute 4.00 percent of earnings, with 3.00 percent credited to the member's DROP account and 1.00 percent applied to the Pension Plan Page 7of11 Sec. 2-170.1 Deferred Option Benefit Plan (DROP) Cal Effective upon the adoption this Ordinance, a Deferred Retirement Option Plan ("DROP") benefit is created and added to the Plan and shall be available to employees upon reaching their normal retirement date. Upon entry into the DROP, an employee is considered retired for pension plan purposes. D An employeey elect to participate in the DROP provided the employee makes the election no later than thirty (30) days after reaching the employee's normal retirement date. Notwithstanding the foregoing, upon first enactment of this Ordinance, members must make their initial election to participate in the DROP by the later of: Thirty (30) days after reaching their normal retirement date; or Ninety (90) days after creation of the DROP. CQ An election to participate in the DROP must be made in writing and shall become irrevocable thirty (30) days following the date it is received by the Pension Administrator and the Village's Director of Human Resources. Le An employee who elects to participate in the DROP may participate in the plan for a maximum of sixty_(60) months. The application to enter into the DROP shall include an irrevocable letter of resignation effective upon the last day of DROP participation. Employees who participate in the DROP may elect to terminate their participation prior to sixty (60) months of participation, but may not continue participation beyond sixty (60) months from the date of entry into the DROP. M An eligible employee who elects to participate in the DROP shall have the employee's benefit calculated based on credited service, multiplier, and average monthly earnings determined as of the effective date of the employee's election to participate in the DROP. No further credited service, benefit changes, or changes in earnings shall be considered for pension purposes. tg After entering the DROP, a participant shall not be eligible for disability or pre -retirement death benefits under the Plan. This provision is not intended to limit entitlement to any statutory line of duty death benefit under state or federal law. A DROP account shall be established for each employee who elects to participate These are not actual accounts; rather they are nominal accounts and balances kept as a bookkeeping process. Page 8of11 During the period of the employee's participation in the DROP, the employee's normal retirement benefit shall be accounted for in the employee's DROP account. The employee's DROP account shall be invested with the retirement plan assets and credited with the overall net (earnings less costs) investment rate of return on the retirement plan assets during the period of the employee's participation in the DROP and the crediting rate will be no less than 0.00 percent and no more than 6.40 percent. At the conclusion of the employee's participation in the DROP, and as a condition of participating_ in such plan, the employee will terminate Village employment The retiree will thereafter receive a normal monthly retirement benefit as previously calculated upon entry into the DROP, but the monthly amount will be paid to the retiree and no longer accounted for in the DROP account If the employee does not terminate participation in the DROP at the end of the sixty (60) month maximum participation period, no earnings shall be credited on the DROP balance and no further DROP deposits shall be made. M No amount can be paid from the retirement plan until the DROP employee terminates employment. Lm) Upon termination, the retiree's DROP account will be distributed to the retiree in a lump sum, which can be rolled over or paid in cash at the retiree's discretion Direct rollover may be accomplished by any reasonable means determined by the Board. Cnj If a retiree dies before distribution of the retiree's DROP account commences, the account balance shall be distributed to the retiree's designated beneficiary in a lump sum, which can be rolled over or paid in cash at the beneficiary's discretion. I Distribution of an employee's DROP account shall begin as soon as administratively practicable following the employee's termination of employment The employee must elect the distribution within forty-five (45) days following_ the employee's termination- date. If the employee does not timely request the withdrawal of the asset in the DROP, no further earnings shall be credited on the DROP balance. p) Any form of payment selected by the employee must comply with the minimum distribution requirements of the IRC 401(A)(9), i.e., payments must commence by age 70.50. Page 9ofII Sec. 2-170.2. Use of Insurance Premium Tax Revenue. The 2015 Florida Legislature enacted Chapter 2015-39, Laws of Florida hereinafter "Legislation") regarding the use of insurance premium tax revenue IPTR"). The Fund meets or exceeds the minimum benefits and minimum standards established by the State of Florida for public employee police officer and firefighter Pension plans as set forth in chapters 175 and 185, Florida Statutes. The Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the collective bargaining agents of the police officer and firefighter employees. This provision of the Plan reflects the mutual agreement of the Village and the respective collective bargaining agents that all IPTR, whether base premium at revenue or additional premium tax revenue, received by the Village will be used by the Village to meet its annual actuarially required contribution ("ARC") to the Fund. Sec. 2-170.3. Defined contribution component. Pursuant to the requirements of Sections 175.351(6) and 185.35(6), Florida Statutes, a defined contribution component is established in addition to the defined benefit component of this local law plan. This defined contribution component is not currently funded. Once the plan is funded, the Board has the authority to adopt rules regarding the operation of the defined contribution component of the local law plan. Section 3. All other provisions of Division 4 of Article V of Chapter 2 of the Village Code of Ordinances not expressly amended as set forth above shall remain unchanged by the adoption of the Ordinance. The Code sections set forth in Division 5, "Length of Service Award Plan for Volunteer Firefighters," and Division 6, "ICMA Defined Contribution Pension Plan," shall be renumbered from Section 2-170.01 through 2-170.15 to Section 170.5 through 170.20. Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 6. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict with this Ordinance are hereby repealed to the extent of such conflict. Section 7. This Ordinance shall take effect immediately upon adoption. Page 10 of 11 PLACED ON FIRST READING THIS 10TH DAY OF OCTOBER, 2019. PLACED ON SECOND, FINAL READING AND PASSED THIS 24TH DAY OF OCTOBER, 2019. Village Seal) "'., 0 -.., AYOR ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 11 of 11 Zip: Total Distance (in miles) from Village: Date: Over 45 Miles $85 per Pay Period Employee Authorization I acknowledge that my bi-weekly pay will be reduced by the amount of my deduction as checked and indicated above. Employee Signature: Distance Over 25 Miles to 30 Miles Over 30 Miles to 45 Miles Amount per Pay Period $35 per Pay Period $60 per Pay Period 0 to 25 Miles $0 per Pay Period Take-Home Vehicle Payroll Deductions The employee shall be charged the following amount by payroll deduction, depending on how far the employee lives from their work location, for the ability to use a take-home vehicle: Employee Name: State: Employee Number: Address: Village of North Palm Beach Take-Home Vehicle Payroll Deduction Form City: Distance from Village Date: APPENDIX C – INITIAL SLOTTING LAST NAME FIRST NAME POSITION INITIAL STEP MEKOLIAVITCH STEVEN SERGEANT 14 KOENIG KEITH SERGEANT 14 PEARSON LOUIS SERGEANT 14 ORTIZ-ADARMES JAVIER SERGEANT 13 CIEZAK EDWARD SERGEANT 6 COUNCIL ANDREW SERGEANT 12 METAYER ROSEMITH RECORDS CLERK 12 STEADE RODERICK POLICE OFFICER 14 HACHIGIAN GEORGE POLICE OFFICER 14 ABRAMCZYK MICHAEL POLICE OFFICER 14 MIZE MICHAEL POLICE OFFICER 14 BEARSBY KEVIN POLICE OFFICER 14 MILLER STEVEN POLICE OFFICER 14 ALDRIDGE ZACHARY POLICE OFFICER 14 COLLURA YESENIA POLICE OFFICER 11 LOPEZ GEORGE POLICE OFFICER 11 JOHNSON RUSSELL POLICE OFFICER 7 LEW GARY POLICE OFFICER 6 BUSSEK DANIEL POLICE OFFICER 6 NEWMAN JENNIFER POLICE OFFICER 5 DAVIS TREVOR POLICE OFFICER 3 PRUD'HOMME DANIEL POLICE OFFICER 4 PEREZ CHRISTOPHER POLICE OFFICER 4 HERNANDEZ NICHOLAS POLICE OFFICER 4 WRIGHT JAMES POLICE OFFICER 1 TRIMBLE DELANEY POLICE OFFICER 1 RIGGOTT KATELYN POLICE OFFICER 1 MILORD JHAMIL POLICE OFFICER 1 SOUTHER AUSTIN POLICE OFFICER 1 BLUM SAVANNAH POLICE OFFICER 1 VITHOULKAS KONSTANTIN POLICE OFFICER 8 TONKIN JOVICA POLICE OFFICER 1 {00505574.2 1823-9704441} 1 APPENDIX A 112.532. Law enforcement officers’ and correctional officers’ rights All law enforcement officers and correctional officers employed by or appointed to a law enforcement agency or a correctional agency shall have the following rights and privileges: (1) Rights of law enforcement officers and correctional officers while under investigation.--Whenever a law enforcement officer or correctional officer is under investigation and subject to interrogation by members of his or her agen cy for any reason that could lead to disciplinary action, suspension, demotion, or dismissal, the interrogation must be conducted under the following conditions: (a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law en forcement officer or correctional officer is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. (b) The interrogation shall take place either at the office of the command of the investigating offi cer or at the office of the local precinct, police unit, or correctional unit in which the incident allegedly occurred, as designated by the investigatin g officer or agency. (c) The law enforcement officer or correctional officer under investigation sha ll be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. A ll questions directed to the officer under interrogation shall be asked by or through one interrogator during any one investigative interrogation, unless specifically waived by the officer under investigation. (d) The law enforcement officer or correctional officer under investigation must be informed of the nature of the investigati on before any interrogation begins, and he or she must be informed of the names of all complainants. All identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer. The complaint, all witness statements, including all other existing subject officer statements, and all other existing evidence, including, but not limited to, incident reports, GPS locator information, and audio or video recordings relating to the incid ent under investigation, must be provided to each officer who is the subject of the complaint before the beginning of any investigative interview of that officer. An officer, after being informed of the right to review witness statements, may voluntarily waive the provisions of this paragraph and provide a voluntary statement at any time. (e) Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. {00505574.2 1823-9704441} 2 (f) The law enforcement officer or correctional officer under interrogation may not be subjected to offensive language or be threatened with transfer, dismissal, or disciplinary action. A promise or reward may not be made as an inducement to answer any questions. (g) The formal interrogation of a law enforcement officer or correctional officer, including all recess periods, must be recorded on audio tape, or otherwise preserved in such a manner as to allow a transcript to be prepared, and there shall be n o unrecorded questions or statements. Upon the request of the interrogated officer, a copy of any recording of the interrogation session must be made available to the interrogated officer no later than 72 hours, excluding holidays and weekends, following said interrogation. (h) If the law enforcement officer or correctional officer under interrogation is under arrest, or is likely to be placed und er arrest as a result of the interrogation, he or she shall be completely informed of all his or her rights before comme ncing the interrogation. (i) At the request of any law enforcement officer or correctional officer under investigation, he or she has the right to be represented by counsel or any other representative of his or her choice, who shall be present at all ti mes during the interrogation whenever the interrogation relates to the officer’s continued fitness for law enforcement or correctional servi ce. (j) Notwithstanding the rights and privileges provided by this part, this part does not limit the right of an agency to discipline or to pursue criminal charges against an officer. (2) Complaint review boards.--A complaint review board shall be composed of three members: One member selected by the chief administrator of the agency or unit; one member selected by the aggrieved officer; and a third member to be selected by the other two members. Agencies or units having more than 100 law enforcement officers or correctional officers shall utilize a five-member board, with two members being selected by the administrator, two members being selected by the aggrieved officer, and the fifth member being selected by the other four members. The board members shall be law enforcement officers or correctional officers selected from any state, county, or municipal agency wi thin the county. There shall be a board for law enforcement officers and a board for correctional officers whose members shall be from the same discipline as the aggrieved officer. The provisions of this subsection shall not apply to sheriffs or deputy she riffs. (3) Civil suits brought by law enforcement officers or correctional officers.--Every law enforcement officer or correctional officer shall have the right to bring civil suit against any person, group of persons, or organization or corporation, or the head of such organization or corporation, for damages, either pecuniary or otherwise, suffered during the performance of the officer’s official duties, for abridgment of the officer’s civil rights arising out of the officer’s performance of official duties, or for filing a complaint against the officer which the person knew was false when it was filed. This section does no t establish a separate civil action against the officer’s employing law enforcement agency for the investigation and processing of a complaint filed under this part. (4) Notice of disciplinary action; copy of and opportunity to address contents of investigative file; confidentialit y.-- {00505574.2 1823-9704441} 3 (a) A dismissal, demotion, transfer, reassignment, or other personnel action that might result in loss of pay or benefits or that might otherwise be considered a punitive measure may not be taken against any law enforcement officer or correctional officer unless the law enforcement officer or correctional officer is notified of the action and the reason or reasons for th e action before the effective date of the action. (b) Notwithstanding s. 112.533(2), whenever a law enforcement officer or correctional officer is subject to disciplinary action consisting of suspension with loss of pay, demotion, or dismissal, the officer or the officer’s representative shall, upon request, be provided with a complete copy of the investigative file, including the final investigative report and all evidence, and with the opportunity to address the findings in the report with the employing law enforcement agency before imposing disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. The contents of the complaint and investigation shall remain confidential until such time as the employing law enforcement agency makes a final determination whether or not to issue a notice of disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. This paragraph does not provide law enforcement officers with a property interest or expectancy of continued employment, employment, or appointment as a law enforcement officer. (5) Retaliation for exercising rights.--No law enforcement officer or correctional officer shall be discharged; disciplined; demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to his or her employment or appointment, or be threatened with any such treatment, by reason of his or her exercise of the rights granted by this part. (6) Limitations period for disciplinary actions.-- (a) Except as provided in this subsection, disciplinary action, suspension, demotion, or dismissa l may not be undertaken by an agency against a law enforcement officer or correctional officer for any act, omission, or other allegation or complaint o f misconduct, regardless of the origin of the allegation or complaint, if the investigation of the alleg ation or complaint is not completed within 180 days after the date the agency receives notice of the allegation or complaint by a person authorized by the agency to initiate an investigation of the misconduct. If the agency determines that disciplinary act ion is appropriate, it shall complete its investigation and give notice in writing to the law enforcement officer or correctional officer of its int ent to proceed with disciplinary action, along with a proposal of the specific action sought, including length of suspension, if applicable. Notice to the officer must be provided within 180 days after the date the agency received notice of the alleged misconduct, regardless of the origin of the allegation or complaint, except as follows: 1. The running of the limitations period may be tolled for a period specified in a written waiver of the limitation by the law enforcement officer or correctional officer. 2. The running of the limitations period is tolled during the time that any criminal investigation or prosecution is pending in connection with the act, omission, or other allegation of misconduct. 3. If the investigation involves an officer who is incapacitated or otherwise unavailable, the running of the limitations per iod is tolled during the period of incapacitation or unavailability. {00505574.2 1823-9704441} 4 4. In a multijurisdictional investigation, the limitations period may be extended for a period of time reasonably necessary t o facilitate the coordination of the agencies involved. 5. The running of the limitations period may be tolled for emergencies or natural disasters during the time period wherein the Governor has declared a state of emergency within the jurisdictional boundaries of the concerned agency. 6. The running of the limitations period is tolled during the time that the officer’s compliance hearing proceeding is continuing beginning with the filing of the notice of violation and a request for a hearing and ending with the written determination of the compliance review panel or upon the vio lation being remedied by the agency. (b) An investigation against a law enforcement officer or correctional officer may be reopened, notwithstanding the limitations period for commencing disciplinary action, demotion, or dismissal, if: 1. Significant new evidence has been discovered that is likely to affect the outcome of the investigation. 2. The evidence could not have reasonably been discovered in the normal course of investigation or the evidence resulted from the predisciplinary response of the officer. Any disciplinary action resulting from an investigation that is reopened pursuant to this paragraph must be completed within 90 days after the date the investigation is reopened. APPENDIX B – STEP PLAN Pay Schedule for Fiscal Year 2021-2022 RECORDS CLERK POLICE OFFICER SERGEANT STEP PAY STEP PAY STEP PAY 1 $51,809.20 1 $60,541.32 1 $76,432.02 2 $53,581.07 2 $62,660.27 2 $79,107.14 3 $55,413.55 3 $64,853.38 3 $81,875.89 4 $57,308.69 4 $67,123.25 4 $84,741.55 5 $59,268.65 5 $69,472.56 5 $87,707.50 6 $61,295.64 6 $71,904.10 6 $90,777.27 7 $63,391.95 7 $74,420.74 7 $93,954.47 8 $65,559.95 8 $77,025.47 8 $97,242.88 9 $67,802.10 9 $79,721.36 9 $100,646.38 10 $70,120.93 10 $82,511.61 10 $104,169.00 11 $72,519.07 11 $85,399.51 11 $107,814.92 12 $74,999.22 12 $88,388.50 12 $111,588.44 13 $77,564.19 13 $91,482.09 13 $115,494.03 14 $80,216.89 14 $94,683.97 14 $119,536.33 15 $82,894.71 15 $97,997.91 15 $123,720.10 Pay Schedule for Fiscal Year 2022-2023 RECORDS CLERK POLICE OFFICER SERGEANT STEP PAY STEP PAY STEP PAY 1 $51,809.20 1 $62,962.98 1 $79,489.30 2 $53,581.07 2 $65,166.68 2 $82,271.43 3 $55,413.55 3 $67,447.51 3 $85,150.93 4 $57,308.69 4 $69,808.18 4 $88,131.21 5 $59,268.65 5 $72,251.46 5 $91,215.80 6 $61,295.64 6 $74,780.26 6 $94,408.36 7 $63,391.95 7 $77,397.57 7 $97,712.65 8 $65,559.95 8 $80,106.49 8 $101,132.59 9 $67,802.10 9 $82,910.21 9 $104,672.23 10 $70,120.93 10 $85,812.07 10 $108,335.76 11 $72,519.07 11 $88,815.49 11 $112,127.51 12 $74,999.22 12 $91,924.04 12 $116,051.98 13 $77,564.19 13 $95,141.38 13 $120,113.80 14 $80,216.89 14 $98,471.33 14 $124,317.78 15 $82,894.71 15 $101,917.82 15 $128,668.90 APPENDIX B – STEP PLAN Pay Schedule for Fiscal Year 2023-2024 RECORDS CLERK POLICE OFFICER SERGEANT STEP PAY STEP PAY STEP PAY 1 $51,809.20 1 $65,481.49 1 $82,668.88 2 $53,581.07 2 $67,773.35 2 $85,562.29 3 $55,413.55 3 $70,145.41 3 $88,556.97 4 $57,308.69 4 $72,600.50 4 $91,656.46 5 $59,268.65 5 $75,141.52 5 $94,864.44 6 $61,295.64 6 $77,771.47 6 $98,184.69 7 $63,391.95 7 $80,493.48 7 $101,621.16 8 $65,559.95 8 $83,310.75 8 $105,177.90 9 $67,802.10 9 $86,226.62 9 $108,859.12 10 $70,120.93 10 $89,244.56 10 $112,669.19 11 $72,519.07 11 $92,368.11 11 $116,612.61 12 $74,999.22 12 $95,601.00 12 $120,694.06 13 $77,564.19 13 $98,947.03 13 $124,918.35 14 $80,216.89 14 $102,410.18 14 $129,290.49 15 $82,894.71 15 $105,994.54 15 $133,815.66 INDIVIDUAL Performance Review Form NAME: ____________________________________________ DEPT: ________________________ REVIEW PERIOD: _________________ to _______________ REVIEW DATE: ________________ TITLE: _________________________________ REVIEWER NAME: ________________________ TYPE OF EVAULATION: ( ) Annual ( ) Probationary ( ) Preliminary/Special RATING: __________ PERFORMANCE RATING DEFINTIONS EXCEPTIONAL (5) Outstanding performance that results in extraordinary and exceptional accomplishments with significant contributions to objectives of the department, division or Village. Performance serves a benchmark for others in the organization. ABOVE AVERAGE (4) Consistently generates results above those expected of the position. Contributes in an above average manner to innovations both technical and functional. SATISFACTORY (3) Good performance while fulfilling all position requirements and may on occasion generate results above those expected of the position. DEVELOPMENT REQUIRED / NEEDS IMPROVEMENT (2) Performance leaves room for improvement. This performance level may be the result of new or inexperienced employee on the job or an employee not responding favorably to instruction. UNACCEPTABLE (1) Lowest performance level which is clearly less than acceptable and is obviously well below minimum position requirements. Situation requires immediate review and action. Possible separation or reassignment is in order without significant and immediate performance improvement. MANAGERIAL COMMENTS Noteworthy and strong areas of performance: Areas requiring improvement in performance: If applicable, what has the employee done to improve performance from the previous review or onset of employment if no previous reviews have been conducted? Developmental Plans: ________________________________ __________ ________________________________ __________ Employee Signature* Date Reviewer Signature Date ________________________________ __________ Department Head Signature Date *Note: Employee’s signature does not signify agreement with the supervisor’s rating, but indicates that the evaluation has been disc ussed with the employee. 1. JOB KNOWLEDGE (3) Exhibits knowledge of services, policies and procedures; proficient with techniques, skills, equipment and materials. Serves as a resource for others. 5 Expert in job; has thorough grasp of all phases of job. 4 Very well informed, seldom requires assistance and instruction. 3 Satisfactory job knowledge; understands and performs most phases of job well, occasionally requires assistance or instruction. 2 Limited knowledge of job, further training required; frequently requires assistance or instruction. 1 Lacks knowledge to perform job properly. COMMENTS: RATING: 2. QUANTITY & QUALITY OF WORK (3) Volume of work produced by the employee. The extent to which the employee can be depended upon to perform work free of errors, mistakes and completed on time. 5 High volume producer; always does more than is expected or required; highest quality; beats deadlines. 4 Produces more than most; very reliable, above average, usually persists in spite of difficulties. Meets deadlines. 3 Handles a satisfactory volume of work, occasionally does more than is required. Usually gets the job done on time and produces error-free work. 2 Barely acceptable, low output, below average. Sometimes unreliable, frequent errors; satisfied to do the bare minimum. 1 Extremely low output, not acceptable, excessive errors and mistakes; very poor quality; gives up easily. COMMENTS: RATING: 3. CREATIVITY (1) Uses innovative, out-of-the-box thinking, taking intelligent risks, looking for benchmarks and best in class ideas to achieve quality results. 5 Displays inventive drive and perseverance; anticipates needed actions, frequently suggests better ways of doing things. 4 Progressive, makes some suggestions for improvement. 3 Very good performance; shows creativity in completing tasks. 2 Does not proceed on own, must be directed; lacks inspiration. 1 No innovation, less than satisfactory performance. COMMENTS: RATING: 4. JUDGMENT (2) Makes decisions which are sound. Ability to base decisions on fact rather than emotion. Makes safety a priority. 5 Uses exceptionally good judgment when analyzing facts and solving problems. Always acts safely. 4 Above average judgment and decision-making. Acts with safety in mind. 3 Handles most situations very well and makes sound, safe decisions under normal circumstances. 2 Uses questionable judgment at times, room for improvement. Lacks focus on safety. 1 Uses poor judgment and safety when dealing with people and situations. COMMENTS: RATING: 5. TEAMWORK (3) Works harmoniously with others in getting a job done. Readiness to respond positively to instructions and procedures. 5 Goes out of the way to cooperate and work well with overall group or department. 4 Very cooperative; stimulates teamwork and good attitude with others. 3 Cooperative; gets along well with others. 2 Indifferent; makes little effort to cooperate or is disruptive to the overall group or department. 1 Negative attitude and difficult to collaborate with. COMMENTS: RATING: 6. INITIATIVE (3) Takes responsibility for task or plan from start to completion. Anticipates situations rather than reacting to them. Initiates new actions or plans within scope of job. 5 Displays drive and perseverance; anticipates needed actions, frequently suggests better ways of doing things. 4 Self-starter; proceeds on own with little or no direction, progressive, makes some suggestions for improvement. 3 Very good performance; shows initiative in completing tasks. 2 Does not proceed on own, must be directed; lacks initiative. 1 No initiative, less than satisfactory performance. COMMENTS: RATING: 7. COMMUNICATION (2) Clearly conveys information with appropriate purpose and detail. Matches communication style with audience. Listens effectively and responds to input. 5 Always expresses message clearly in verbal and written means to intended audience. Expert active listener. Understands complex messages and instructions. 4 Above average listening, comprehension and communication skills. 3 Able to express personal viewpoint. Consistently attempts to engage in active listening. Readily comprehends written and verbal instructions when first presented. 2 Has difficulty with facts, ideas and/or questions. Misinterprets or is slow to comprehend instructions. 1 Does not communicate or does so poorly COMMENTS: RATING: 8. CUSTOMER FOCUS (3) Always puts the customer first. Works to provide the highest quality service with respect, responsiveness, and timeliness. 5 Always provides excellent service to all customers, frequently going beyond what is required. Responds to customer requests with high degree of sensitivity and a sense of urgency 4 Provides sound and above average customer service. Responds to customer requests exceeding expectations. 3 Usually identifies customer need. Usually is responsive, positive and flexible in meeting customer expectations. 2 Lacking in concern for customer. Misses cues and customer expectations. 1 Unacceptable customer focus. Receives customer complaints. COMMENTS: RATING: EMPLOYEE COMMENTS: SUPERVISOR / MANAGER Performance Review Form NAME: ____________________________________________ DEPT: ________________________ REVIEW PERIOD: _________________ to _______________ REVIEW DATE: ________________ TITLE: _________________________________ REVIEWER NAME: ________________________ TYPE OF EVAULATION: ( ) Annual ( ) Probationary ( ) Preliminary/Special RATING: __________ PERFORMANCE RATING DEFINTIONS EXCEPTIONAL (5) Outstanding performance that results in extraordinary and exceptional accomplishments with significant contributions to objectives of the department, division or Village. Performance serves a benchmark for others in the organization. ABOVE AVERAGE (4) Consistently generates results above those expected of the position. Contributes in an above average manner to innovations both technical and functional. SATISFACTORY (3) Good performance while fulfilling all position requirements and may on occasion generate results above those expected of the position. DEVELOPMENT REQUIRED / NEEDS IMPROVEMENT (2) Performance leaves room for improvement. This performance level may be the result of new or inexperienced employee on the job or an employee not responding favorably to instruction. UNACCEPTABLE (1) Lowest performance level which is clearly less than acceptable and is obviously well below minimum position requirements. Situation requires immediate review and action. Possible separation or reassignment is in order without significant and immediate performance improvement. DIRECTOR COMMENTS Noteworthy and strong areas of performance: Areas requiring improvement in performance: What has the employee done to improve performance from the previous review? Developmental Plans: ________________________________ __________ ________________________________ __________ Employee Signature Date Department Head Signature Date 1. JOB KNOWLEDGE (2) Exhibits knowledge of services, policies and procedures; proficient with techniques, skills, equipment and materials. Serves as a resource for others. 5 Expert in job; has thorough grasp of all phases of job. 4 Very well informed, seldom requires assistance and instruction. 3 Satisfactory job knowledge; understands and performs most phases of job well, occasionally requires assistance or instruction. 2 Limited knowledge of job; further training required; frequently requires assistance or instruction. 1 Lacks knowledge to perform job properly. COMMENTS: RATING: 2. QUANTITY & QUALITY OF WORK (1) Volume of work product produced by the employee. The extent to which the employee can be depended upon to perform work free of errors, mistakes and completed on time. 5 High volume producer; always does more than is expected or required; highest quality; beats deadlines. 4 Produces more than most; very reliable, above average, usually persists in spite of difficulties. Meets deadlines. 3 Handles a satisfactory volume of work, occasionally does more than is required. Usually gets the job done on time and produces error-free work. 2 Barely acceptable, low output, below average. Sometimes unreliable, frequent errors; satisfied to do the bare minimum. 1 Extremely low output, not acceptable, excessive errors and mistakes; very poor quality; gives up easily. COMMENTS: RATING: 3. CREATIVITY (1) Uses innovative, out-of-the-box thinking, taking intelligent risks, looking for benchmarks and best in class ideas to achieve quality results. 5 Displays inventive drive and perseverance; anticipates needed actions, frequently suggests better ways of doing things. 4 Progressive, makes some suggestions for improvement. 3 Very good performance; shows creativity in completing tasks. 2 Does not proceed on own, must be directed; lacks inspiration. 1 No innovation, less than satisfactory performance. COMMENTS: RATING: 4. TEAMWORK (2) Works harmoniously with others in getting a job done. Readiness to respond positively to instructions and procedures. 5 Goes out of the way to cooperate and work well with overall group or department. 4 Very cooperative; stimulates teamwork and good attitude with others. 3 Cooperative; gets along well with others. 2 Indifferent; makes little effort to cooperate or is disruptive to the overall group or department. 1 Negative attitude and difficult to collaborate with. COMMENTS: RATING: 5. INITIATIVE (1) Takes responsibility for task or plan from start to completion. Anticipates situations rather than reacting to them. Initiates new actions or plans within scope of job. 5 Displays drive and perseverance; anticipates needed actions, frequently suggests better ways of doing things. 4 Self-starter; proceeds on own with little or no direction, progressive, makes some suggestions for improvement. 3 Very good performance; shows initiative in completing tasks. 2 Does not proceed on own, must be directed; lacks initiative. 1 No initiative, less than satisfactory performance. COMMENTS: RATING: 6. COMMUNICATION (2) Clearly conveys information with appropriate purpose and detail. Matches communication style with audience. Listens effectively and responds to input. 5 Always expresses message clearly in verbal and written means to intended audience. Expert active listener. Understands complex messages and instructions. 4 Above average listening, comprehension and communication skills. 3 Able to express personal viewpoint. Consistently attempts to engage in active listening. Readily comprehends written and verbal instructions when first presented. 2 Has difficulty with facts, ideas and/or questions. Misinterprets or is slow to comprehend instructions. 1 Does not communicate or does so poorly COMMENTS: RATING: 7. CUSTOMER FOCUS (2) Always puts the customer first. Works to provide the highest quality service with respect, responsiveness, and timeliness. 5 Always provides excellent service to all customers, frequently going beyond what is required. Responds to customer requests with high degree of sensitivity and a sense of urgency 4 Provides sound and above average customer service. Responds to customer requests exceeding expectations. 3 Usually identifies customer need. Usually is responsive, positive and flexible in meeting customer expectations. 2 Lacking in concern for customer. Misses cues and customer expectations. 1 Unacceptable customer focus. Receives customer complaints. COMMENTS: RATING: 8. PLANNING & ORGANIZING (3) The ability to analyze work, set goals, develop plans of action, optimally utilizes time. Consider amount of supervision required and extent to which employee can be trusted to carry out assignments effectively. 5 Exceptionally good planning and organizing skills. 4 Above average planning and organizing. Usually carries out assignments effectively. 3 Average planning and organizing. Occasionally requires assistance. 2 Room for improvement. Frequently requires assistance. 1 Unacceptable planning and organizing skills. COMMENTS: RATING: 9. SUPERVISING & DELEGATING (3) The ability to create a motivating climate, achieve teamwork, train and develop, measure work in progress, take corrective action. Inspires employees to assume accountability. 5 Exceptional leader; others look up to this employee. 4 Above average. Usually motivational. Exhibits accountability. 3 Average directing and delegating in work group. Occasionally requires guidance. Generally holds self and team accountable. 2 Needs to improve management, motivational skills and accountability. 1 Sometimes needs to be reminded of leadership role. Avoids accountability. Directing and delegating skills are unacceptable. COMMENTS: RATING: 10. DECISION MAKING (3) Obtains and thoroughly analyzes facts; takes immediate corrective action; uses resources and techniques to develop sound solutions based on facts rather than emotion while foreseeing possible consequences. Makes safety a priority. 5 Uses exceptionally good judgment when analyzing facts and solving problems which are made in a timely manner. Actively promotes and models safe behavior. 4 Above average decision making abilities. Usually makes sound and timely decisions. Acts with safety in mind. 3 Average. Sometimes requires assistance in making decisions. 2 Uses questionable judgment at times, room for improvement. Lacks focus on safety. 1 Uses poor judgment; lacking in timeliness and safety when dealing with people and situations. COMMENTS: RATING: EMPLOYEE COMMENTS: ORDINANCE NO. 2019-11 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 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. WHEREAS, collective bargaining with the Unions that represent the Village's firefighter and police officer employees has been concluded with the ratification of new Collective Bargaining Agreements by the Village Council and the bargaining units; and WHEREAS, the new Collective Bargaining Agreements provide for amendments to the retirement benefits for police officers and firefighters; and WHEREAS, a majority of bargaining unit employees ratified their respective Agreements, including the provisions for increasing employee contributions; and WHEREAS, the Village Council finds that the retirement benefit amendments hereinafter described are fully consistent with the new Collective Bargaining Agreements; and WHEREAS, Village Administration has complied with all conditions precedent to the adoption of a pension plan amendment as required by Florida Statutes; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the public health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing "whereas" clauses are hereby ratified as true and are incorporated herein. Page 1 of 11 Section 2. The Village Council hereby amends Chapter 2, "Administration," Article V, Pensions and Retirement Systems," Division 4, "Pension and Certain Other Benefits for Fire and Police Employees," of the Village Code of Ordinance as follows (new language is underlined and deleted language is str-ieken tIffeug ): Sec. 2-159. Creation of trust and definitions. a) Creation of trust. A pension and retirement system for full-time firefighters and police officers of the village is hereby established to provide retirement, survivor and disability benefits as provided by this division. The system shall be known as the Village of North Palm Beach Fire and Police Retirement Fund and is intended to be a tax qualified plan under Internal Revenue Code Section 401(a) and meet the requirements of a governmental plan as defined in Internal Revenue Code Section 414(d). b) Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accrued benefit means the portion of a member's normal retirement benefit which is considered to have accrued as of any date. A member's accrued benefit for years of credited service earned before October 1, 2018 as of any date shall be equal to the sum of two and oe half (21,x) 2.50 percent of h s the member's average monthly earnings multiplied by his the member's credited service for the first twenty-four (24) years; zero (0) percent of his the member's average monthly earnings multiplied by the member's credited service for each year after twenty-four (24) years up to thirty (30) years; and two (2) percent of 14S the member's average monthly earnings multiplied by the member's credited service for each year in excess of thirty (30) years. A member's accrued benefit for years of credited service earned on and after October 1, 2018 (provided the member was employed by the Village on or after July 11, 2019) shall be equal to 2.75 percent per year of service. The total accrued benefit shall not be greater than 75.00 percent of average 'monthly earnings at the time of retirement including entry into the DROP), but in all cases the accrued benefit earned on and after October 1, 2018 shall be at least 2.75 percent per year of service on and after October 1, 2018. For purposes of this calculation, average monthly earnings and credited service as of the date of determination shall be used. The accrued benefit is considered to be payable in the plan's normal form commencing on the member's normal retirement date, with such date determined as through the member remains in full-time employment with the employer. Accumulated contributions means a member's own contributions plus interest credited thereto, if any, by the board. Actuarial equivalence or actuarially equivalent means that any benefit payable under the terms of this plan in a form other than the normal form of benefit shall have the same actuarial present value on the date payment Page 2 of 11 commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using seven (7) percent interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years in the case of disability retirees. Average monthly earnings means one -sixtieth of earnings of a member during the five (5) years of his employment within the last ten (10) years of employment, which is greater than the total during any other five (5) years during the ten-year period; provided that if a member shall have been employed for fewer than five (5) years, such average shall be taken over the period of his actual employment. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a member who has or have been designated in writing by the member and filed with the board. If no such designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board means the board of trustees which shall administer and manage the plan herein provided and serve as trustee of the fund. Credited service means the total number of years and fractional parts of years of service expressed as years and completed months, during which a person serves as an employee as defined below, omitting intervening years and fractional parts of years, when such person may not be employed by the employer; provided, however, such person may have, without interrupting his other years of credited service, up to one (1) year's leave of absence. Notwithstanding the foregoing, no employee will receive credit for years or fractional parts of years of service for which he has withdrawn his contributions to the pension fund for those years or fractional parts of years of service unless he repays into the pension fund the contributions he has withdrawn, with interest, within ninety (90) days after his reemployment, as provided in section 2-160 below. Further, an employee may voluntarily leave his contributions in the pension fund for a period of five (5) years after leaving the employ of the employer, pending the possibility of his being rehired, without losing credit for the time he has participated actively as an employee. Should he not be re- employed within five (5) years, his contributions shall be returned to him without interest. It is provided further that credited service shall include any service, voluntary or involuntary, in the armed forces of the United States, provided the employee is legally entitled to re-employment under the provisions of the federal Page 3 of 11 USERRA provisions or any similar law; and provided further that the employee shall apply for reemployment within the time and under the conditions prescribed by law. Effective January 1, 2007, members who die or become disabled while serving on active duty military service which intervenes the member's employment shall be entitled to the rights of this section even though such member was not re-employed by the village. Members who die or become disabled while on active duty military service shall be treated as though re- employed the day before the member became disabled or died, was credited with the service they would have been entitled to under this section, and then either died a non -duty death while employed or became disabled from a non -duty disability. Early retirement date means for each member the first day of the month coincident with or next following the date on which he attains his fiftieth (50th) birthday. Earnings means a member's gross salary, including overtime as provided below, public safety pay increment and special pay, but excluding bonuses, such as longevity, safety and attendance awards and any other non -regular payments such as unused sick leave or vacation time pay. Beginning with earnings after December 31, 2008 and pursuant to Internal Revenue Code Section 414(u)(7), the definition of earnings includes amounts paid by the village as differential wages to members who are absent from employment while serving in qualified military service. For Police Officer members only, effective the first full payroll following October 1, 2013, Police Officers will be limited to three hundred (300) hours of overtime per officer per fiscal year. For Firefighter members only, effective the first full payroll following December 11, 2014, Firefighters will be limited to two hundred (200) hours of overtime per firefighter per fiscal year. Effective date means March 1, 1967, the date on which this plan initially became effective. The effective date of this restated plan is the date as of which the village council adopts the plan. Employee means each actively employed full-time firefighter and police officer of the village. Employer means the Village of North Palm Beach, Florida. Firefighter means any person employed in the fire department who is certified as a firefighter as a condition of employment in accordance with the provisions of F.S. § 633.35, and whose duty it is to extinguish fires, to protect life, and to protect property. The term firefighter includes all certified, supervisory, and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time firefighters, part-time firefighters, or auxiliary firefighters but does not include part-time firefighters or auxiliary firefighters. Page 4 of 11 Fund means the trust fund established herein as part of the plan. Member means an employee who fulfills the prescribed participation requirements. Normal retirement date means for each member the first day of the month coincident with or next following the date on which the member attains age fifty- five (55) or the date on which the member attains age fifty-two (52) and has twenty-five (25) years of credited service. A member may retire on this normal retirement date or on the first day of any month thereafter. Plan or system means the Village of North Palm Beach Fire and Police Retirement Fund as contained herein and all amendments thereto. Plan year means each year commencing on October 1, and ending on September 30. Police officer means any person employed in the police department who is certified as a law enforcement officer as a condition of employment in accordance with the provisions of F.S. § 943.14, and who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers, but does not include part-time law enforcement officers or auxiliary law enforcement officers as the same are defined in F.S. §§ 943.10(6) and 943.10(8), respectively. Any public safety officer who is responsible for performing both police and fire services and who is certified as a police officer or firefighter shall be considered a police officer. Spouse shall mean the lawful wife or husband of a member at time of preretirement death or retirement. Sec. 2-161. Benefit amounts. a) Normal retirement benefit. 1) Amount. Each member who retires on or after hi -s the member's normal retirement date shall be eligible to receive a normal retirement benefit commencing on h s the member's actual retirement date. A retiree's maximum Page 5 of 11 monthlv aension benefit shall not exceed 75.00 percent of the retiree's average monthly earnings as that term is defined in Section 2- 159 above. In all cases, the benefit provided for _years of service on and after October 1, 2018 shall be at least 2.75 percent of average monthly earnings per year of service (provided the member was employed by the village on and after July 11, 2019). The monthly normal retirement benefit shall be calculated as follows: For Police Officer members: an An amount equal to the sum of two and one ha4f (24 1 2.50 percent of 14s the member's average monthly earnings multiplied by the member's credited servicerip or to October 1, 2018, and 2.75 percent for credited service on or after October 1, 2018 (provided the member remained employed by the Village as a police officer on or after July 11 2019) fefthe first t ^ (24) years; Tor^ nl i l Q rf"1'CV-' Ip'CL1 L '1 wi , uvi v v f per-eei 1 aver-age monthly eax. 1 .,,- ml Itiplie by the 1 _ n. Q . n 111E l mb c erted sefviee for- each year- after twenty feiir i74: vonra ur. to 4hir4y x301 yonrc.• and 1'w^ i7i r,ornov+t ^-Fhis average thly multipliedby the member's C ited servt h crony in exeess of thirty (30) years. Y `CA For Firefighter members: An amount equal to the sum of 2.50 percent of the member's average monthly earnings multiplied by the member's credited service prior to October 1, 2018, and 2.75 percent for credited service on or after October 1, 2018 (provided the member remained employed by the Village as a firefighter on or after July 11, 2019). Sec. 2-163. Contributions. a) Member contributions. 1) Amount. Members of the plan shall make regular contributions to the fund at rate equal to two (2) 2.00 percent of their respective earnings. For Police Officer members only: i) Effective at the beginning of the first full payroll period after October 1, 2013, the Police Office Page 6 of 11 member contribution shall increase to two and sixty-seven one hundredths (2.67) percent; Effective the first full payroll period after October 1, 2014, the Police Officer member contribution shall increase to three and thirty-three one hundredths (3.33) percent; and iii) Effective the first full payroll period after October 1, 2015, the Police Officer member contribution shall increase to four (4) percent. iv Effective the second payroll period following the adoption of Ordinance 2019-11, the Police Officer member shall contribute 6.00 percent of earnings. Lvj Effective the first payroll period after October 1, 2020, the Police Officer member shall contribute 7.00 percent of earnings, viDuring participation in the DROP, Police Officer members shall contribute 4.00 percent of earnings, with 3.00 percent credited to the member's DROP account and 1.00 percent applied to the Pension Plan Unfunded Actuarial Accrued Liability UAAL" . For Firefighter members only: i) Effective the beginning of the first full payroll period after April 1, 2015, the Firefighter member contribution shall increase to three and one-half 3.50) percent; and ii) Effective the first full payroll period after April 1, 2016, the Firefighter member contribution shall increase to five (5.00) percent. iii Effective with the second paroll period following adoption of Ordinance No. 2019-11, the Firefighter member contribution shall increase from 5.00 percent of earnings to 7.00 of earnings. iv During DROP, the Firefighter member shall contribute 4.00 percent of earnings, with 3.00 percent credited to the member's DROP account and 1.00 percent applied to the Pension Plan Page 7of11 Sec. 2-170.1 Deferred Option Benefit Plan (DROP) Cal Effective upon the adoption this Ordinance, a Deferred Retirement Option Plan ("DROP") benefit is created and added to the Plan and shall be available to employees upon reaching their normal retirement date. Upon entry into the DROP, an employee is considered retired for pension plan purposes. D An employeey elect to participate in the DROP provided the employee makes the election no later than thirty (30) days after reaching the employee's normal retirement date. Notwithstanding the foregoing, upon first enactment of this Ordinance, members must make their initial election to participate in the DROP by the later of: Thirty (30) days after reaching their normal retirement date; or Ninety (90) days after creation of the DROP. CQ An election to participate in the DROP must be made in writing and shall become irrevocable thirty (30) days following the date it is received by the Pension Administrator and the Village's Director of Human Resources. Le An employee who elects to participate in the DROP may participate in the plan for a maximum of sixty_(60) months. The application to enter into the DROP shall include an irrevocable letter of resignation effective upon the last day of DROP participation. Employees who participate in the DROP may elect to terminate their participation prior to sixty (60) months of participation, but may not continue participation beyond sixty (60) months from the date of entry into the DROP. M An eligible employee who elects to participate in the DROP shall have the employee's benefit calculated based on credited service, multiplier, and average monthly earnings determined as of the effective date of the employee's election to participate in the DROP. No further credited service, benefit changes, or changes in earnings shall be considered for pension purposes. tg After entering the DROP, a participant shall not be eligible for disability or pre -retirement death benefits under the Plan. This provision is not intended to limit entitlement to any statutory line of duty death benefit under state or federal law. A DROP account shall be established for each employee who elects to participate These are not actual accounts; rather they are nominal accounts and balances kept as a bookkeeping process. Page 8of11 During the period of the employee's participation in the DROP, the employee's normal retirement benefit shall be accounted for in the employee's DROP account. The employee's DROP account shall be invested with the retirement plan assets and credited with the overall net (earnings less costs) investment rate of return on the retirement plan assets during the period of the employee's participation in the DROP and the crediting rate will be no less than 0.00 percent and no more than 6.40 percent. At the conclusion of the employee's participation in the DROP, and as a condition of participating_ in such plan, the employee will terminate Village employment The retiree will thereafter receive a normal monthly retirement benefit as previously calculated upon entry into the DROP, but the monthly amount will be paid to the retiree and no longer accounted for in the DROP account If the employee does not terminate participation in the DROP at the end of the sixty (60) month maximum participation period, no earnings shall be credited on the DROP balance and no further DROP deposits shall be made. M No amount can be paid from the retirement plan until the DROP employee terminates employment. Lm) Upon termination, the retiree's DROP account will be distributed to the retiree in a lump sum, which can be rolled over or paid in cash at the retiree's discretion Direct rollover may be accomplished by any reasonable means determined by the Board. Cnj If a retiree dies before distribution of the retiree's DROP account commences, the account balance shall be distributed to the retiree's designated beneficiary in a lump sum, which can be rolled over or paid in cash at the beneficiary's discretion. I Distribution of an employee's DROP account shall begin as soon as administratively practicable following the employee's termination of employment The employee must elect the distribution within forty-five (45) days following_ the employee's termination- date. If the employee does not timely request the withdrawal of the asset in the DROP, no further earnings shall be credited on the DROP balance. p) Any form of payment selected by the employee must comply with the minimum distribution requirements of the IRC 401(A)(9), i.e., payments must commence by age 70.50. Page 9ofII Sec. 2-170.2. Use of Insurance Premium Tax Revenue. The 2015 Florida Legislature enacted Chapter 2015-39, Laws of Florida hereinafter "Legislation") regarding the use of insurance premium tax revenue IPTR"). The Fund meets or exceeds the minimum benefits and minimum standards established by the State of Florida for public employee police officer and firefighter Pension plans as set forth in chapters 175 and 185, Florida Statutes. The Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the collective bargaining agents of the police officer and firefighter employees. This provision of the Plan reflects the mutual agreement of the Village and the respective collective bargaining agents that all IPTR, whether base premium at revenue or additional premium tax revenue, received by the Village will be used by the Village to meet its annual actuarially required contribution ("ARC") to the Fund. Sec. 2-170.3. Defined contribution component. Pursuant to the requirements of Sections 175.351(6) and 185.35(6), Florida Statutes, a defined contribution component is established in addition to the defined benefit component of this local law plan. This defined contribution component is not currently funded. Once the plan is funded, the Board has the authority to adopt rules regarding the operation of the defined contribution component of the local law plan. Section 3. All other provisions of Division 4 of Article V of Chapter 2 of the Village Code of Ordinances not expressly amended as set forth above shall remain unchanged by the adoption of the Ordinance. The Code sections set forth in Division 5, "Length of Service Award Plan for Volunteer Firefighters," and Division 6, "ICMA Defined Contribution Pension Plan," shall be renumbered from Section 2-170.01 through 2-170.15 to Section 170.5 through 170.20. Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 6. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict with this Ordinance are hereby repealed to the extent of such conflict. Section 7. This Ordinance shall take effect immediately upon adoption. Page 10 of 11 PLACED ON FIRST READING THIS 10TH DAY OF OCTOBER, 2019. PLACED ON SECOND, FINAL READING AND PASSED THIS 24TH DAY OF OCTOBER, 2019. Village Seal) "'., 0 -.., AYOR ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 11 of 11 Zip: Village of North Palm Beach Take-Home Vehicle Payroll Deduction Form City: Distance from Village Date: Take-Home Vehicle Payroll Deductions The employee shall be charged the following amount by payroll deduction, depending on how far the employee lives from their work location, for the ability to use a take-home vehicle: Employee Name: State: Employee Number: Address: Total Distance from Village per Map Quest(*):(*) Attach Map Quest Directions Distance Over 25 Miles to 30 Miles Over 30 Miles to 45 Miles Amount per Pay Period $35 per Pay Period $60 per Pay Period 0 to 25 Miles $0 per Pay Period Date: Over 45 Miles $85 per Pay Period Employee Authorization I acknowledge that my bi-weekly pay will be reduced by the amount of my deduction as checked and indicated above. Employee Signature: VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jessica Green, Village Clerk DATE: April 14, 2022 SUBJECT: MOTION – PBC League of Cities Voting Delegate and Alternates The Village received a request from the Palm Beach County League of Cities, Inc. to officially designate a voting delegate and alternate(s) to vote on behalf of the Village at any League membership meeting or function. This designation would apply specifically to weighted voting items for the General Membership. Weighted voting is provided for in Article Four of the League By-Laws (attached) and is determined according to population. As currently drafted, the By-Laws provide the Village with two weighted votes. Unless a weighted vote is requested and approved, the business of the League is conducted by a simple majority of the quorum, with each Municipal Member having one vote. The governing body of the Municipal Member may annually designate a voting delegate and alternates. The Village’s voting delegate and alterna tes were last designated in 2021. Through the adoption of Resolution 2016 -07, the Council provided that subsequent appointments of a voting delegate and alternates may be accomplished by motion, rather than by resolution. Recommendation: Village Administration recommends Council appoint a voting delegate to the Palm Beach County League of Cities, Inc., and appoint all councilmembers not serving as the voting delegate to serve as alternate voting delegates. www.palmbeachcountyleagueofcities.org | rradcliffe@pbcgov.org Tel. 561-355-4484 · Fax 561-355-6545 P.O. Box 1989, Gov. Center, West Palm Beach, FL 33402 Office: Governmental Center, 301 North Olive Ave., West Palm Beach, FL 33401 Designation of Voting Delegate & Alternate(s) to the Palm Beach County League of Cities, Inc. In accordance with Article Four of the Bylaws of the Palm Beach County League of Cities, Inc., as amended January 25, 2017, the governing body of (City, Town, or Village name): Took the official action and designated the following voting delegate and alternate(s) to vote on behalf of the above named municipality at any League of Cities general membership meeting, special general membership meeting and/or function of the general membership. This designation applies ONLY to weighting voting items for the General Membership. Voting Delegate: Email: Alternate(s): Email: Alternate(s): Email: Alternate(s): Email: Alternate(s): Email: Alternate(s): Email: Alternate(s): Email: ____________________________________________ Clerk Signature (SEAL) Action taken this _____ day of______________, 2022 ______________________________________________ Mayor Signature Attest: