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