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01-13-2022 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JANUARY 13, 2022 501 U.S. HIGHWAY 1 7:00 PM Darryl C. Aubrey Deborah Searcy Mark Mullinix Susan Bickel David B. Norris 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/85677466013?pwd=VkRyN1JQbTRLaEY4d0VkUlhQankrUT09 Meeting ID: 856 7746 6013 Passcode: 179725 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 856 7746 6013 Passcode: 179725 Regular Session Agenda, January 13, 2022 Page 2 of 3 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held December 9, 2021 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 2022-03 – CODE AMENDMENT – ADVISORY BOARD ELECTRONIC PARTICIPATION Consider a motion to adopt on first reading Ordinance 2022-03 amending Article I, "In General," of Chapter 2, "Administration," of the Village Code of Ordinances by amending Section 2-1, "Boards and Committees," to allow for Board and Committee members to participate and vote via electronic means. 3. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2022-01 – CODE AMENDMENT – FRACTIONAL HOME OWNERSHIP Consider a motion to adopt and enact on second reading Ordinance 2022-01 amending Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances to incorporate a definition of Fractional Ownership and expressly prohibit Fractional Ownership Units and Time-Share Units in the Village's Residential Zoning Districts. 4. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2022-02 – CODE AMENDMENT – PARKING CITATION PROCEDURE Consider a motion to adopt and enact on second reading Ordinance 2022-02 amending Article III "Stopping, Standing and Parking", of Chapter 18, "Motor Vehicles and Traffic”; of the Village Code of Ordinances to update the Village's regulations and formalize the parking citation procedure. 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. 5. Receive for file Minutes of the Environmental Committee meeting held 10/4/21. 6. Receive for file Minutes of the Environmental Committee meeting held 11/1/21. 7. Receive for file Minutes of the Planning Commission meeting held 11/9/21. 8. Receive for file Minutes of the Audit Committee meeting held 12/15/21. Regular Session Agenda, January 13, 2022 Page 3 of 3 OTHER VILLAGE BUSINESS MATTERS 9. MOTION – Authorizing the Village Manager to execute the required forms for participation in the Florida Plan for allocation of settlement dollars from opioid related litigation. 10. RESOLUTION – PROSPERITY VILLAGE PUD FINAL PLAT APPROVAL Consider a motion to adopt a proposed resolution approving a final plat for the Prosperity Village Planned Unit Development; and authorizing the Mayor to execute the final plat on behalf of the Village. 11. RESOLUTION – IAFF COLLECTIVE BARGAINING AGREEMENT Consider a motion to approve a Collective Bargaining Agreement with the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. through September 30, 2024; and authorizing the Village Manager to execute the Agreement. 12. RESOLUTION – CIVIL CITATIONS Consider a motion to adopt a proposed resolution designating the sections of the Village Code to be enforced by Civil Citation and establishing a fine schedule; and repealing Resolution No. 2009-52 and Resolution No. 2010-41 in their entirety. 13. DISCUSSION – Building Recertification 14. DISCUSSION – Parking regulations related to the storage of utility trailers and the restricti on of on- street parking near Lakeside Park (Code Sections 18-34.1, 18-35, 18-35.1). 15. DISCUSSION – ARPA Funds Allocation COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) 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. 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: January 13, 2022 SUBJECT: ORDINANCE 1st Reading – Amending Section 2-1 of the Village Code to allow board and committee members to participate and vote via electronic means. Section 2-1 of the Village Code of Ordinances sets forth the procedures applicable to all Village boards and committees. Section 2-1(f)(8) of the Village Code currently requires all board and committee members to attend meetings in person and prohibits them from participating as a member or voting on any matter by telephone, video conferencing, or any other electronic means. Due to the ongoing COVID-19 pandemic, the Village has been providing for public (and Councilmember) participation in public meetings through a video conferencing platform. While Florida law still currently requires that a quorum be physically present for all board and committee meetings subject to the Government in the Sunshine Law, Staff is recommending that the Council adopt the attached Ordinance amending Section 2-1 of the Village Code to allow board and committee members who are unable to be physically present to participate and vote on matters before the board or committee via electronic means. The attached Ordinance has been prepared by this office and reviewed for legal sufficiency. There is no fiscal impact. Recommendation: Village Staff requests Council consideration and approval on first reading of the attached Ordinance amending Section 2-1 of the Village Code of Ordinances to allow board and committee members to participate and vote via electronic means. Page 1 of 3 ORDINANCE NO. _____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF 4 CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES 5 BY AMENDING SECTION 2-1, “BOARDS AND COMMITTEES,” TO ALLOW FOR 6 BOARD AND COMMITTEE MEMBERS TO PARTICIPATE AND VOTE VIA 7 ELECTRONIC MEANS; PROVIDING FOR CODIFICATION; PROVIDING FOR 8 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, Section 2-1 of the Village Code of Ordinances, setting forth the procedures for Village 12 boards and committees, currentl y requires members to attend all meetings in person and prohibits them 13 from participating or voting on any matter by telephone, video conferencing, or other electronic means; 14 and 15 16 WHEREAS, in response to the ongoing COVID-19 pandemic, the Village has been utilizing a video 17 conferencing platform to allow for virtual participation by Councilmembers and members of the public, 18 and the Village Council wishes to extend this option to board and committee members to the extent 19 permitted by Florida law; and 20 21 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the 22 public health, safety and welfare. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 25 NORTH PALM BEACH, FLORIDA as follows: 26 27 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 28 29 Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 2, 30 “Administration,” of the Village Code of Ordinances as follows (additional language is underlined and 31 deleted language stricken through): 32 33 Sec. 2-1. Boards and committees. 34 35 * * * 36 37 (f) General provisions. Members of village boards and committees: 38 39 (1) Shall serve at the pleasure of the village council and may be removed with 40 or without cause by a vote of the village council; 41 42 (2) Shall be a resident of the village and maintain residency in the village 43 during the term of appointment (unless waived by the village council) and 44 meet such other eligibility requirements as may be established by the 45 village council; 46 47 Page 2 of 3 (3) Shall not hold any employment or office in village government or any 1 contractual relationship with the village; 2 3 (4) Shall serve on only one village board or committee where membership on 4 two boards or committees would violate the constitutional dual office-5 holding prohibition; 6 7 (5) Shall not appear before the board or committee on which they serve or the 8 village council as an agent or attorney on behalf of any person or entity; 9 10 (6) Shall not have or hold any employment or contractual relationship that 11 will create a continuing or frequently recurring conflict between their 12 private interests and the performance of their public duties or that would 13 impede the full and faithful discharge of their public duties; and 14 15 (7) Shall not initiate any grievance or complaint against any person appearing 16 before the board or committee on which they serve without the approval 17 of the village manager; and. 18 19 (8) Shall attend all meetings in person and shall not participate as a member 20 of any board or committee or vote on any matter by telephone, video 21 conferencing, or any other electronic means. 22 23 * * * 24 25 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the 26 Village of North Palm Beach. 27 28 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 29 reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 30 shall not affect the remainder of this Ordinance. 31 32 Section 5. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in conflict 33 herewith are hereby repealed to the extent of such conflict. 34 35 Section 6. This Ordinance shall take effect immediately upon adoption. 36 37 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 38 39 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 2022. 40 41 42 (Village Seal) 43 MAYOR 44 45 ATTEST: 46 47 48 VILLAGE CLERK 49 Page 3 of 3 APPROVED AS TO FORM AND 1 LEGAL SUFFICIENCY: 2 3 4 VILLAGE ATTORNEY 5 6 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney Jeremy Hubsch, Community Development Director DATE: January 13, 2022 SUBJECT: ORDINANCE 2nd Reading – Ordinance Prohibiting Time Share Units and Fractional Ownership properties within the Village’s Residential Zoning Districts Based on concerns raised by residents, the Village Council directed the Village Attorney to draft an Ordinance prohibiting fractional ownership properties within the Village’s residential zoning districts. A fractional ownership unit is similar to a time-share unit, which is defined by the Village Code as “a dwelling unit in which the right of use or occupancy circulates among various persons for specific periods of time less than one (1) year in accordance with a fixed time schedule.” The Village Code currently restricts time-share units to the following three commercial zoning districts: the C-MU US-1 Mixed Use Zoning District, the C-NB Northlake Boulevard Zoning District, and the C-3 Regional Business District. While time-share units are not specifically prohibited within the Village’s residential zoning districts, according to the principles applicable to the interpretation of municipal ordinances, the specific inclusion of a permitted use in one district generally means that the use is prohibited in other zoning districts where not specifically listed. Fractional ownership v. time-shares: The Code does not currently address the fractional ownership of real property, which differs slightly from time-share units. Fractional ownership of residential property is an emerging trend in which shares of ownership rights to a property are sold to multiple buyers, thus providing each buyer an ownership interest and the right to use the property for a certain period of time. Although this model effectively operates similarly to a time-share, fractional ownership typically conveys actual ownership rights instead of a right to use of the property for a certain period of time only, and also divides a property into fewer fractions than a typical time-share arrangement. In a typical fractional ownership scheme, the fraction of ownership may directly correlate to the amount of time the owner is permitted to use and/or occupy the dwelling unit, whereas in a typical time-share scheme, the customer typically buys only the rights to use the property for a set period of time. Impacts of transient uses on established neighborhoods: Both time-shares and fractional ownership negatively impact and undermine the stability of established residential neighborhoods by introducing transient uses and the adverse impacts typically associated with such uses. The introduction of time-share units and fractional ownership properties within established neighborhoods can disturb the quiet enjoyment of the residents of the neighborhood and create numerous secondary impacts, including noise, loss of privacy, traffic, parking and a greater demand on public services. Fractional ownership further reduces the number of available housing units from the housing market for long-term residents to utilize and can adversely impact future development, redevelopment, safety and property maintenance as a result of the complexities associated with the incongruent and changing objectives, intents and goals of multiple owners. While the impacts of both time-shares and fractional ownership are similar to vacation rentals and community (recovery) residences, the Village is cannot prohibit these uses pursuant to state and federal law. Proposed revisions to the Village Code (updated): On first reading, Staff had proposed amending Section 45-2 of the Village Code to provide the following definition for the term fractional ownership: Fractional ownership shall mean shared ownership of a property, entitlement to ownership rights of a property, entitlement to use a property, or possession of property through any means whereby an owner of the property or fraction thereof, receives ownership rights in, or the right to use, the property for a period of time less than one (1) full year within a two (2) year period. At its December 9, 2021 meeting, the Village Council adopted the Ordinance on first reading but expressed concerns as to whether the definition was expansive enough yet sufficiently tailored to target the types of ownership schemes it is intended to prohibit. Having performed additional research and given the matter further consideration, Staff is now proposing to amend Section 45-2 to incorporate the following definitions: Fractional ownership shall mean the occupancy or use of a dwelling unit by co-owners pursuant to a fractional ownership plan for any length of time. Fractional ownership includes direct ownership in a property as well as indirect ownership through a corporation, limited liability company or other entity holding title to the property. Fractional ownership plan means an arrangement whether by tenancy in common, sale, deed or any other means, whereby the purchaser or co-owner receives an ownership interest and the right to use the property for a specific and discernible period through time- based division. As discussed above, the Village Code already defines a time share unit as “a dwelling unit in which the right of use or occupancy circulates among various persons for specific periods of time less than one (1) year in accordance with a fixed time schedule.” The Ordinance also amends Section 45-36 of the Village Code to add a new subsection (V) to read as follows: V. Time-share units and fractional ownership. Time-share units and the fractional ownership of any parcel of real property shall be prohibited in all residential zoning districts. Such prohibition shall not include community residences or vacation rentals as defined and regulated in this chapter. Planning Commission: At its November 9, 2021 meeting, the Planning Commission reviewed the original version of the proposed Ordinance at a public hearing and voted to recommend approval to the Village Council. The attached Ordinance has been prepared by the Village Attorney and reviewed for legal sufficiency. There is no fiscal impact. Recommendation: Village Staff requests Council consideration and approval on second and final reading of the attached Ordinance prohibiting time share units and fractional ownership properties within the Village’s Residential Zoning Districts. Page 1 of 3 ORDINANCE NO. _____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 45), 4 “ZONING,” OF THE VILLAGE CODE OF ORDINANCES TO INCORPORATE A 5 DEFINITION OF FRACTIONAL OWNERSHIP AND EXPRESSLY PROHIBIT 6 FRACTIONAL OWNERSHIP UNITS AND TIME -SHARE UNITS IN THE 7 VILLAGE’S RESIDENTIAL ZONING DISTRICTS; AMENDING SECTION 45 -2, 8 “DEFINITIONS,” AND SECTION 45-36, “GENERAL PROVISIONS;” 9 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 10 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, to the extent not preempted by state or federal law, the Village possesses the Home Rule 13 Authority granted by the Florida Constitution and Chapter 166, Florida Statutes, to regulate local land 14 use issues; and 15 16 WHEREAS, the Village Code of Ordinances currently allows time-share units within specified mixed 17 use and commercial zoning districts, specifically the C-MU US-1 Mixed Use District, the C-NB 18 Northlake Boulevard Commercial District, and the C-3 Regional Business District; and 19 20 WHEREAS, according to the general principles applicable to the interpretation of municipal 21 ordinances, the specific inclusion of a permitted use in one district means that the use is prohibited in 22 other zoning districts where not specifically listed; and 23 24 WHEREAS, the Village Council wishes to confirm and expressly prohibit time-share units within its 25 residential zoning districts and to expand the prohibition to include fractional ownership; and 26 27 WHEREAS, fractional ownership of residential property is an emerging trend in which shares of 28 ownership rights to a property are sold to multiple buyers, thus providing each buyer an ownership 29 interest and the right to use the property for a certain period of time; and 30 31 WHEREAS, although this model effectively operates similarly to a time -share, it typically conveys 32 actual ownership rights instead of a right to use of the property for a certain period of time only, and 33 also divides a property into fewer fractions than a typical time-share arrangement; and 34 35 WHEREAS, in a typical fractional ownership scheme, the fraction of ownership may directly 36 correlate to the amount of time the owner is permitted to use and/or occupy the dwelling unit, whereas 37 in a typical time-share scheme, the customer typically buys only the rights to use the property for a 38 set period of time; and 39 40 WHEREAS, recent trends indicate that fractional ownership schemes are being applied to single-41 family residences; and 42 43 WHEREAS, both time-shares and fractional ownership negatively impact and undermine the stability 44 of established residential neighborhoods by introducing a transient use and the adverse impacts 45 typically associated with such use; and 46 47 WHEREAS, the introduction of time-share units and fractional ownership properties within 48 established neighborhoods can disturb the quiet enjoyment of the residents of the neighborhood and 49 Page 2 of 3 create numerous secondary impacts, including noise, loss of privacy, traffic, parking and a greater 1 demand on public services; and 2 3 WHEREAS, fractional ownership further reduces the number of available housing units from the 4 housing market for long-term residents to utilize; and 5 6 WHEREAS, fractional ownership can adversely impact future development, redevelopment, safety 7 and property maintenance as a result of the complexities associated with the incongruent and changing 8 objectives, intents and goals of multiple owners; and 9 10 WHEREAS, as required by Section 21-12 of the Village Code of Ordinances, the Village’s Planning 11 Commission conducted a duly advertised public hearing on this Ordinance and provided its 12 recommendation to the Village Council; and 13 14 WHEREAS, the Village Council determines that the adoption of this Ordinance benefits the public 15 health, safety and welfare of the residents of the Village of North Palm Beach. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 18 NORTH PALM BEACH, FLORIDA as follows: 19 20 Section 1. The foregoing “Whereas” clauses are hereby ratified and incorporated herein. 21 22 Section 2. The Village Council hereby amends Article I, “In General,” of Appendix C (Chapter 23 45), “Zoning,” of the Village Code of Ordinances by amending Section 45-2 to read as follows 24 (additional language underlined): 25 26 Sec. 45-2. Definitions. 27 28 For the purposes of this Code, certain words and terms are defined as follows: 29 30 * * * 31 32 Fractional ownership shall mean the occupancy or use of a dwelling unit by 33 co-owners pursuant to a fractional ownership plan for any length of time. Fractional 34 ownership includes direct ownership in a property as well as indirect ownership 35 through a corporation, limited liability company or other entity holding title to the 36 property. 37 38 Fractional ownership plan means an arrangement whether by tenancy in 39 common, sale, deed or any other means, whereby the purchaser or co-owner receives 40 an ownership interest and the right to use the property for a specific and discernible 41 period through time-based division. 42 43 * * * 44 45 Time-share unit is a dwelling unit in which the right of use or occupancy 46 circulates among various persons for specific periods of time less than one (1) year in 47 accordance with a fixed time schedule. 48 49 Page 3 of 3 Section 3. The Village Council hereby amends Article III, “District Regulations,” of Appendix 1 C (Chapter 45), “Zoning,” of the Village Code of Ordinances by amending Section 45-36 to read as 2 follows: 3 4 Sec. 45-36. General provisions. 5 6 The provisions of this article shall be subject to the following provisions and 7 exceptions: 8 9 * * * 10 11 V. Time-share units and fractional ownership. 12 13 Time-share units and the fractional ownership of any parcel of real property 14 shall be prohibited in all residential zoning districts. Such prohibition shall not include 15 community residences or vacation rentals as defined and regulated in this chapter. 16 17 Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the 18 Village of North Palm Beach, Florida. 19 20 Section 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 21 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 22 holding shall not affect the remainder of the Ordinance. 23 24 Section 6. All ordinances or parts of ordinances in conflict with this Ordinance are hereby 25 repealed to the extent of such conflict. 26 27 Section 7. This Ordinance shall become effective immediately upon adoption 28 29 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 30 31 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 32 2021. 33 34 35 (Village Seal) 36 MAYOR 37 38 ATTEST: 39 40 41 VILLAGE CLERK 42 43 44 APPROVED AS TO FORM AND 45 LEGAL SUFFICIENCY: 46 47 48 VILLAGE ATTORNEY 49 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: January 13, 2022 SUBJECT: ORDINANCE 2nd Reading – Ordinance adopting formal parking citation procedures and updating the parking regulations Article III of Chapter 18 of the Village Code generally regulates parking throughout the Village. As authorized by Section 316.008, Florida Statutes, the Village may regulate or prohibit stopping, standing and parking on streets and highways within its jurisdiction through the exercise of its police powers. The purpose of the attached Ordinance is to standardize the Village’s procedures for the issuance of parking citations and expand the Village’s enforcement authority. The proposed Ordinance accomplishes the following:  Provides for general prohibitions against stopping, parking and standing (except when necessary to avoid conflict with other traffic or in compliance with the directions of a law enforcement officer or traffic control device) in the following areas:  On a sidewalk or in such a manner that any part of the vehicle is protruding over the sidewalk;  Within any intersection or crosswalk;  On a bicycle path or exclusive bicycle lane;  Within a marked fire lane; and  Within any are where a sign or other traffic control device (including signals, markings and devices placed or erected by the Village for the purpose of regulating, warning or guiding motor vehicles and traffic) prohibits standing, stopping or parking.  Adopts standard parking citation procedures and allows the issuance of citations for any Code provision regulating parking, including those applicable within Village parks (including the boat launching area at Anchorage Park) and registered vacation rentals.  Allows for the issuance of citations by a law enforcement officer, a code enforcement officer or a park ranger.  Provides procedures for the payment of fines, the assessment of delinquent fees, and a method for challenging a parking citation before the Village’s Code Enforcement Special Magistrate.  Allows fines that remain unpaid to be referred for collection to a collection agency designated by the Village. The Ordinance specifically provides that the issuance of a parking citation is an additional and supplemental means of enforcing the Village Code and shall not prohibit the enforcement of the Village’s Codes and Ordinances by any other means. The Ordinance also incorporates the statut ory provisions applicable to parking in spaces reserved for the physically disabled, for which the fine is established by statute at $250.00. The Ordinance removes the fines for violations of Section 5-33 (requiring vehicles using the boat ramps at Anchorage Park to have a Village launch sticker) and Section 5-35 (parking at the boat launch area) set forth in Section 5-38 of the Village Code so that these fines may be adopted (and modified) by resolution of the Village Council. Village Staff will be bringing back a proposed fine schedule, along with the fine schedule for code enforcement civil citations, at the first Village Council meeting in January. Update: On December 9, 2021, the Village Council adopted the Ordinance on first reading subject to the removal of the section amending Section 18-34.1 of the Village Code of Ordinances governing the parking restrictions in the vicinity of Lakeside Park. The reference to Section 18-34.1 has been removed from the Ordinance and this section will be brought back before the Village Council in a separate ordinance. The attached Ordinance has been prepared and reviewed for legal sufficiency by the Village Attorney. There is no fiscal impact. Recommendation: Village Staff requests Council consideration and approval on second and final reading of the attached Ordinance adopting formal parking citations procedures and updating the parking regulations set forth in Chapter 18 of the Village Code of Ordinances. Page 1 of 4 ORDINANCE NO. 2021-____ 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 TO UPDATE THE VILLAGE’S 6 REGULATIONS AND FORMALIZE THE PARKING CITATION PROCEDURE; 7 REPEALING SECTION 18-36, “PARKING IN VIOLATION OF SIGNS,” SECTION 8 18-37, ‘VIOLATIONS; FINES – HANDICAP SPACES,” AND SECTION 18-38, 9 “SAME – NON-HANDICAP SPACES,” AND ADOPTING A NEW SECTION 18-36, 10 “STOPPING, STANDING AND PARKING IN SPECIFIED AREAS,” SECTION 18-11 37, “PARKING CITATION PROCEDURE,” SECTION 18-38, “FINES,” AND 12 SECTION 18-39, “PARKING SPACES FOR THE PHYSICALLY DISABLED;” 13 AMENDING ARTICLE II, “BOAT LAUNCHING AREA,” OF CHAPTER 5, 14 “BOATS, DOCKS AND WATERWAYS,” BY REPEALING SECTION 5-38, 15 “VIOLATION; PENALTY;” PROVIDING FOR CODIFICATION; PROVIDING 16 FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR 17 AN EFFECTIVE DATE. 18 19 WHEREAS, the Village of North Palm Beach, as a duly organized Florida municipality, 20 possesses the Home Rule Authority conferred upon it by the Florida Constitution and Chapter 166, 21 Florida Statutes; and 22 23 WHEREAS, Section 316.008, Florida Statutes, authorizes municipalities, with respect to streets 24 and highways under their jurisdiction and within the reasonable exercise of their police powers, to 25 regulate or prohibit stopping, standing and parking; and 26 27 WHEREAS, the Village Council wishes to amend Article III, “Stopping, Standing and 28 Parking,” of Chapter 18, “Motor Vehicles and Traffic,” of the Village Code of Ordinance to: provide 29 additional regulations applicable to parking, stopping and standing; update and formalize the Village’s 30 parking citation procedures and extend such procedures to all Village Code provisions regulating 31 parking; and provide for the establishment of all fines by resolution of the Village Council (including 32 the removal of fines currently set forth in Chapter 5 of the Village Code); and 33 34 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best 35 interests of the residents of the Village of North Palm Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 38 NORTH PALM BEACH, FLORIDA as follows: 39 40 Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and are 41 incorporated herein. 42 43 Section 2. The Village Council hereby amends Chapter 18, “Motor Vehicles and Traffic,” of the 44 Village Code of Ordinances by amending Article III, “Stopping, Standing and Parking,” to read as 45 follows (additional language is underlined and deleted language is stricken through): 46 47 Page 2 of 4 * * * 1 2 Sec. 18-36. Parking in violation of signs 3 4 It shall be unlawful, when signs have been erected giving notice thereof, to 5 stop, stand or park a vehicle in violation of signs regulating or prohibiting the stopping, 6 standing or parking of vehicles. 7 8 Sec. 18-36. Stopping, parking and standing prohibited in specified areas. 9 10 No person shall stop, park or leave standing a motor vehicle in any of the 11 following places, except when necessary to avoid conflict with other traffic or in 12 compliance with the directions of a law enforcement officer or traffic control device: 13 14 (1) On a sidewalk or in such a manner that any part of the vehicle is 15 protruding over a sidewalk; 16 17 (2) Within any intersection or crosswalk; 18 19 (3) On a bicycle path or exclusive bicycle lane; 20 21 (4) Within a marked fire lane; and 22 23 (5) Within any area where a sign or other traffic control device (including 24 signals, markings and devices placed or erected by the village for the 25 purpose of regulating, warning or guiding motor vehicles and traffic) 26 prohibits standing, stopping or parking. 27 28 Sec. 18-37. - Violations; fines—Handicap spaces. 29 30 The fine for stopping, standing or parking in handicap parking spaces in 31 violation of F.S. sections 316.1955, 316.1956 shall be in the amount of one hundred 32 dollars ($100.00). 33 34 Sec. 18-38. - Same—Non-handicap spaces. 35 36 The fine for stopping, standing and parking a vehicle in violation of provisions, 37 other than handicap parking provisions, of this article shall be in the amount of twenty-38 five dollars ($25.00). 39 40 Sec. 18-37. Parking citation procedure. 41 42 (a) Any violator of the provisions of this article or any other code provision 43 regulating parking within the village, including but not limited to Section 5-33, Section 44 5-35, Section 20-5, and Section 45-40(c)(4), may be notified of said violation by the 45 issuance of a citation to the operator of the vehicle or the attachment of the citation to 46 the vehicle by a law enforcement officer, code enforcement officer or in the case of 47 violations at village parks, a park ranger. 48 Page 3 of 4 1 (b) Payment of the parking fine may be made at the police department 2 within the timeframe specified on the citation. 3 4 (c) If the violator does not pay the citation within the specified time frame, 5 the village shall assess a delinquent fee 6 7 (d) Persons wishing to challenge the issuance of a parking citation may 8 request a hearing before the village’s code enforcement special magistrate within the 9 timeframe specified on the citation. A request for a hearing or the failure to pay fine 10 amount and, if applicable, delinquent fee constitutes a waiver of the right to pay the 11 amount of the civil penalty indicated on the citation and subjects the person to whom 12 a citation is issued to a fine of up to up $150.00 plus administrative costs incurred by 13 the village (except for fines for disabled parking violations which shall not exceed 14 $250.00 plus administrative costs incurred by the village). 15 16 (e) If the specified fine, delinquent fee, and/or administrative costs are not 17 paid by the time set forth for payment, the entire amount may be referred for collection 18 to a collection agency designated by the village. 19 20 (f) The issuance of parking citations constitutes an additional and 21 supplemental means of enforcing the provisions of the village code and shall not 22 prohibit the village from enforcing its codes or ordinances by any other lawful means. 23 24 Sec. 18-38. Fine schedule. 25 26 With the exception of parking in spaces designated for the physically disabled, 27 for which in the penalty is specified in section 18-39, the village council shall adopt 28 by resolution a fine schedule and delinquent fee for the violations specified in Section 29 18-37(a). 30 31 Sec. 18-39. Parking spaces for the physically disabled 32 33 (a) The provisions of Sections 316.1955—316.1959, 316.1964 and 34 316.1967, Florida Statutes, are specifically incorporated herein by reference, and the 35 village is empowered to enforce such provisions. 36 37 (b) A violation of Section 316.1955, Florida Statutes, shall be deemed a 38 civil infraction, the fine for which shall be $250.00. The penalties set forth herein are 39 nonexclusive and may be imposed in addition to or in lieu of any other penalties set 40 forth in Florida Statutes. 41 42 Section 3. The Village Council hereby amends Article II, “Boat Launching Area,” of Chapter 5, 43 “Boats, Docks and Waterways,” of the Village Code of Ordinances by repealing Section 5-38 (deleted 44 language is stricken through): 45 46 Sec. 5-38. - Violation; penalty. 47 48 Page 4 of 4 Violation of any provision of section 5-33, Designated; use restricted 1 or section 5-35, Vehicle/trailer parking in designated areas; permits required, shall 2 result in a civil fine of fifty dollars ($50.00) for a first offense and one hundred dollars 3 ($100.00) for any subsequent violation. 4 5 Section 4. The provisions of this Ordinance shall become and be made part of the Code of 6 Ordinances for the Village of North Palm Beach, Florida. 7 8 Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for 9 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 10 holding shall not affect the remainder of the Ordinance. 11 12 Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 13 herewith are hereby repealed to the extent of such conflict. 14 15 Section 7. This Ordinance shall be effective immediately upon adoption. 16 17 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 18 19 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 20 2022. 21 22 23 24 (Village Seal) 25 MAYOR 26 27 ATTEST: 28 29 30 VILLAGE CLERK 31 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY: 34 35 36 VILLAGE ATTORNEY 37 THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office THE BEST PLACE TO LIVE UNDER THE SUN” Environmental Committee MINUTES Osborne Park Monday, October 4, 2021 6:00 pm 1. Call to Order: Chairperson Marcus called the meeting to order at 6:04 pm. 2. Roll Call: Present: Karen Marcus, Lisa Interlandi, Mary Phillips, Shawn Woods, Ellen Allen, Camille Carroll, Kendra Zellner Also Present: Andy Lukasik, Village Manager; Jeremy Hubsch, Community Development Director 3. The Minutes of the September 13, 2021 regular meeting were approved. 4. Public Comments: None. 5. Urban Garden: a. The grant application was approved by the state. b. Input on preliminary layout: i. Kendra’s cousin is master gardener and available to visit the site Monday, October 11 after 3pm. ii. Chairperson Marcus will contact Jenny for her availability on Monday as well. 6. Lakeside Berm: a. The Village has an approved contract to begin work this month, which will include restoration of the top of the berms with some lower profile plantings, relocation of some of the Sea Oats and dune restoration by the northern crossover. 7. Residential Code: a. Jeremy Hubsch, Len Rubin and Andy Lukasik met with the Ad Hoc Committee to discuss their proposed recommendations for Council consideration relating to the zoning in progress, which addresses the bulk and mass of new residential development. The proposed recommendations will also address the percentage of impervious surfaces on the property. b. Ad Hoc Committee recommendations will be presented to Council at a Special Council Meeting on Oct. 11. 2 8. Speaker Series: a. Katie from Loggerhead Marinelife Center will speak on October 23 at 10:00 am in the ballroom. b. Light refreshments will be served. 9. Car Charging Stations: a. FPL EVolution Program: i. Village is moving forward with two separate pod-charging stations at no charge. ii. Anticipate completion towards the end of the year. iii. Committee questioned whether the stations would include Tesla adaptors. Andy Lukasik will contact FPL for answer. b. Electrify America: i. Andy Lukasik will contact them. 10. Prosperity Village Vegetation Removal Permit: a. Jeremy Hubsch stated that at the October 4 Special Magistrate Hearing, the Village requested the developer pay $5,000 per illegally removed Oak tree. The Special Magistrate upheld the Village’s request for $15,000 total. b. The developer’s revised plan includes a preserve area and one (1) Oak tree per property as well as a few other trees per property. c. The revised plan will be presented for Council consideration at the October 28 Council Meeting. d. Andy Lukasik stated that staff will need to begin working on a tree code. 11. Natural Shoreline Protection Code Language: a. Andy Lukasik stated that staff will need to begin working on the language. 12. Ban on Plastics - Business Promotion – incentives for elimination of single use plastics: a. Draft House – Andy Lukasik will contact the owner. 13. Golf Course Ponds – Littoral Planting Plans: a. No update yet. 14. Anchorage Park Clean Up events: a. No future events planned right now. b. Committee mentioned a possible Reef Institute Peanut Island snorkel clean-up or yoga on paddleboard clean-up. 15. Fane Lozman Floating Structure Update: a. Andy Lukasik stated that the structure is currently located on his submerged lands on Little Munyon Island and close to Singer Island. b. The Departments of Justice and Environmental Protection took him to court and the judge requested continued negotiations towards a resolution. c. When in violation of Village code, we have the ability to impound/tag the structure. d. Fane Lozman will attend the October 14 Council meeting. 16. Next meetings: the next meeting will be on November 1, 2021 at 6:00 pm in the Anchorage Park Building. 3 17. Adjournment: the meeting adjourned at 6:37 pm. 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, November 1, 2021 6:00 pm 1. Call to Order: Chairperson Marcus called the meeting to order at 6:00 pm. 2. Roll Call: Present: Karen Marcus, Lisa Interlandi, Mary Phillips, Shawn Woods, Ellen Allen, Kendra Zellner Absent: Camille Carroll Also Present: Andy Lukasik, Village Manager; Debbie Searcy, Vice Mayor 3. Public Comments: None. 4. The Minutes of the October 4, 2021 regular meeting were approved. 5. Urban Garden: a. Layout - white picket fence with 12 small and one large bed for the Library. b. Andy Lukasik stated that Public Works is prepping the site and will have the bulk of it completed by the end of next week. c. Andy Lukasik stated that the grant application has not been approved. d. Committee Recommendations During Resident Sign-Up: i. Village waiver for participants to sign. ii. Discuss the need for a board. iii. Participants need to tell us what they are willing to be responsible for and what they plan to grow. e. Andy Lukasik will ask Ed Cunningham to email the interested parties with an organization meeting date. 6. Lakeside Park Berm: a. Andy Lukasik stated that Katherine has been treating along the fence line and supposed to start the rest of her vegetation removal in late November or early December. b. Resident Chris Ryder, 118 Dory Road S., commented that if the Village plans to raise the height of the berm, it should match the height of the sea wall. c. The committee mentioned that the height will not be changed. However, the sea oats will be replaced with groundcover. 7. Residential Code – the Zoning in Progress agenda item was approved by Village Council at the October 28 meeting. 8. Speaker Series: a. January 22 – The Reef Institute. b. Chairperson Marcus offered to contact Farmer’s Table for available dates. 9. Fane Lozman Floating Structure: a. Andy Lukasik stated that the floating structure is still in Village waterways. b. Andy Lukasik, Len Rubin and Lisa Interlandi will meet to discuss next steps. c. Resident Chris Ryder, 118 Dory Road S., questioned legislation regarding floating structures and whether Palm Beach County has updated their ordinance to include designated non-anchorage areas. d. Karen Marcus mentioned that Palm Beach County recently updated their vessel and floating structure ordinances. 10. Car Charging Stations: a. Andy Lukasik mentioned that he approved the FPL permit application and they will begin installation soon. b. Andy Lukasik stated that FPL will not provide adapters. 11. Ban on Plastics - Business Promotion – incentives for elimination of single use plastics: a. Andy Lukasik stated that Ed Cunningham will contact The Draft House for a feature article in the newsletter. 12. Natural Shoreline protection; code language: a. Andy Lukasik stated that he will initiate discussion with the Waterways Advisory Board regarding the utilization of Geo tubes and then schedule a joint meeting with the two committees. b. Chairperson Marcus mentioned that she will invite Chuck Huff and Chad Girard to tour Loggerhead Marinelife Center to observe the drainage system. c. Chairperson Marcus offered to take photos during the tour for discussion at the next meeting. 13. Earman River Catch Basin Traps: a. Andy Lukasik stated that catch basin traps are being considered for the FY2022-2023 budget. 14. Golf Course Ponds – Littoral Planting Plans: a. Andy Lukasik stated that he is working with Jeff Atwater on strategies for appropriations from the state to address water quality issues on the golf course. Specifically the ponds spilling out into the Intracoastal and the need for improved water management. b. Andy Lukasik added that appropriate littoral plantings will help improve water quality. 15. Golf Course Crocodile: a. The committee mentioned that Crocodiles are drawn to fresh water, are non-aggressive and eat birds and fish. b. Andy Lukasik mentioned that it roams the course. c. Andy Lukasik also stated that it is further north than usual. 16. Clean Up Events: a. The committee stated that the Reef Institute will host a clean up on November 20 at Peanut Island that will include snorkeling, kayaking and water taxi clean-up. 17. Tree Ordinance: a. The committee recommended implementation of a residential tree removal/replacement ordinance. b. The committee agreed to place this discussion item on the next meeting agenda. 18. Dark Sky Ordinance: a. The committee agreed to place this discussion item on the next meeting agenda. 19. Next meetings: the next meeting will be on December 6, 2021 at 6:00 pm in the Anchorage Park building. 20. Adjournment: the meeting adjourned at 7:00 pm. VILLAGE OF NORTH PALM BEACH PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY NOVEMBER 9, 2021 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 Council Member: Susan Bickel I. CALL TO ORDER Chairman Cross called the meeting to order at 6:30 PM. A. ROLL CALL All members of the Planning Commission were present. II. APPROVAL OF MINUTES The Minutes of the October 5, 2021 Regular Meeting were 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. C. BOARD OF ADJUSTMENT 1. 113 Gulfstream Dock Variance Application submitted by owners Allison and Stuart Haft for the installation of a 5 foot by 8.5 foot launching platform. Minutes of Village Planning Commission Regular Meeting held on November 9, 2021 2 Principal Planner Alex Ahrenholz presented the Staff’s report and recommendation. The Applicant is requesting a variance to install a launch platform for their paddleboard and kayak. The variance is needed due to the unusual configuration of the seawall, which doesn’t allow them to meet the set-back requirements as required by Code. Staff recommends approval based on the documentation the applicant has provided, and proposes the following condition to include in the development order. 1. Pier shall only be used for loading and unloading of vessels. In no instance shall vessels be stored on or adjacent to pier. Mrs. Allison Haft, 113 Gulfstream Rd., spoke on behalf of her application. The Chairman open the floor for public comment. Mr. Kurt Winters, 112 Yacht Club Dr. #7, spoke in opposition to the variance. Ms. Theresa Franscisco, 112 Yacht Club Dr. #5, spoke in opposition to the variance. Mr. Richard Bergeron, 112 Yacht Club Dr. #2, spoke in opposition to the variance. Ms. Debra Cross, 2560 Pepperwood Circle S., spoke in favor of the variance. The Chairman closed the public comments. The Planning Commissions members discussed whether the platform would be two-pile supported, or a floating platform. They expressed their support of the variance, with the conditions that it be used for non-motorized vessels and no storage of vessels on or adjacent to the pier. Motion: Mr. Haigh moved to approve the application with Staff’s conditions and the condition that it not be used for motorized vessels. Mr. Solodar seconded the motion, which passed 7-0. A. SITE PLAN AND APPEARANCE REVIEW 1. 2021-2102 Truist Signage Application submitted by Atlas Signs on behalf of Elaine and Jon Investments, LLC for replacement of existing signage. Principal Planner Alex Ahrenholz presented the Staff’s report and recommendation. At the February 2, 2021 Planning Commission meeting, signage was approved as both “BB&T” and “SunTrust” for a period of fifteen months as reflected in the corporate requirements of Truist. This was an effort to bring public awareness to the merger prior to the name change to Truist Bank. The update to the signage was anticipated at this meeting to be submitted by the end of 2021 for installation by 2022 when the 15-month timeframe was reached. The Truist signage is consistent in look and color with the national branding of the bank. The applicant is requesting a switch out of the building, monument and directional signs. The building sign will be completely removed and replaced in the same location with unilluminated, pin-mounted, channel letters. The monument sign will be a face change, removing the existing white box and replacing with the cabinet and Truist logo. Anchoring and fabrication details are included in the submittal documents for review. The color of all signage will be Truist Purple (Sherwin Minutes of Village Planning Commission Regular Meeting held on November 9, 2021 3 Williams #6552) consistent with the Truist national branding. Directional signs are currently blue and will be replaced in the same location with the same wording, but in the new corporate colors. Staff recommends approval and proposes the following condition to include in the development order. 1. Shrubs shall be maintained at a minimum height of thirty (30) inches around the base of the monument sign. The Planning Commissions members had no discussion regarding the signage. Motion: Mr. Solodar moved to approve the application with Staff’s recommendation that the shrubs shall be maintained at a minimum height of thirty (30) inches around the base of the monument sign. Ms. Dewitt seconded the motion, which passed 7-0. 2. 2021-1785 Master Sign Plan at 784 US Highway 1 Application submitted by Signarama NPB on behalf of Steve Doran for the creation of a master sign program. Principal Planner Alex Ahrenholz presented the Staff’s report and recommendation. Records in the Village do not reflect any signage permits or previous approvals for this building, which has been around since the 1960’s. However, it has been operating with uniform signage for many years, coordinated and approved by the property owner. With the submission of the latest tenant signage, the property owner was instructed to create a master sign program memorializing the signage that exists today and maintain the appearance for future administrative approval. The applicant submitted master sign criteria that matches the signs that are shown in the pictures of the existing building and the proposed signage for Pribramsky CPAs. The new signage is shown for reference and as example of tenant signage following the master sign program. This tenant will replace the existing “real estate” sign. The c riteria includes plaques of dimensional acrylic, painted a gold color and written in serif font. Staff recommends approval and proposes no conditions. The Planning Commissions members discussed whether the signs were in compliance with the master sign plan; and whether the signage on the windows is regulated in the master sign plan. The members expressed their gratitude for Staff getting the office building to submit a sign concept plan. Motion: Mr. Hogarth moved to approve the sign concept as submitted. Dr. Kennedy seconded the motion, which passed 7-0. B. RECOMMENDATIONS TO VILLAGE COUNCIL 1. Fractional Ownership Ordinance Village Initiated Zoning Text Amendment to address fractional ownership and time-share operations of residential homes. Minutes of Village Planning Commission Regular Meeting held on November 9, 2021 4 Community Development Director Jeremy Hubsch presented the recommendation to Village Council regarding the Village initiated Zoning Text Amendment to address fractional ownership and time-share operations of residential homes. He explained that the concept of fractional ownership is relatively new, but is starting to spread on the internet. A new company (Pacaso) is now selling 1/8 shares of vacation homes on the internet, including a home recently built on Lakeside Drive. Mr. Hubsch further explained that Fractional Ownership and Time Shares are not the same although they can operate similarly. Fractional ownership typically divides the property into fewer fractions and operates more like a vacation rental, whereas a time-share is more similar to a hotel. Both time-shares and fractional ownership can have negative impacts on established neighborhoods by introducing transient users into a neighborhood, which may create impacts like noise, loss of privacy, traffic, parking, and demand on public services. Fractional ownership also reduces the amount of available housing units for permanent residents, which is an issue in Palm Beach County. Fractional ownership can have similar effects on neighborhoods that vacation rentals or community (recovery) residences do. However, due to state and federal law, the Village is significantly limited in its ability to prohibit those uses. The Village has an opportunity to prohibit fractional ownership before being pre-empted by the Florida Legislature. Mr. Hubsch introduced the proposed Ordinance which amends Section 45-2 of the Village Code to provide the following definition for the term fractional ownership: Fractional ownership shall mean shared ownership of a property, entitlement to ownership rights of a property, entitlement to use a property, or possession of property through any means whereby an owner of the property or fraction thereof, receives ownership rights in, or the right to use, the property for a period of time less than one (1) full year within a two (2) year period. The Ordinance also amends Section 45-36 of the Village Code to add a new subsection (V) to read as follows: Time-share units and fractional ownership. Time-share units and the fractional ownership of any property shall be prohibited in all residential zoning districts. Such prohibition shall not include community residences or vacation rentals as defined and regulated in this chapter. The Chairman open the floor for public comment. Mr. Robert Silvani, 100 Cruiser Rd. South, stated that the Lakeside Drive house in question is listed to the current owner who built it, and not to Pacaso. Mrs. Debra Cross, 2560 Pepperwood Circle S., spoke in favor of the recommendation. The Chairman closed the public comments. The Planning Commissions members discussed what other communities have done to address the fractional ownership issue; whether we are moving too quickly to amend the Ordinance without knowing all the facts; whether the Lakeside Drive home could become a vacation rental if not allowed to be a fractional ownership; and how will the prohibition be enforced. Motion: Mr. Solodar moved to recommend to Village Council to consider the Ordinance Prohibiting Time Share Units and Fractional Ownership Properties in the Village’s Residential Zoning Districts. Dr. Kennedy seconded the motion, which passed 7-0. Minutes of Village Planning Commission Regular Meeting held on November 9, 2021 5 2. 200 Yacht Club (Continued) Application submitted by Urban Design Studios on behalf of Robbins NPB, LLC for the construction of 206 rental apartments and 1,500 SF of commercial. Motion: Mr. Hogarth moved to continue the application to the December meeting. Mr. Hicks seconded the motion, which passed 7-0. V. ADMINISTRATION MATTERS A. Staff Updates:  Zoning in Progress Ordinance has been adopted by Village Council, and will be in effect for six months from the October 28, 2021 meeting. An Ad Hoc Committee had been established to evaluate permanent code changes. A public workshop will be held on November 16th at 6:00 PM.  The Quasi Judicial procedures will be more formalized in upcoming meetings as the Village Council will be involved in CMU Zoning and land development projects.  Shore Drive Appeal will be coming before the Planning Commission again next month. The applicant is appealing the denial of the electric permit. B. Commission Member Comments:  Status of the US 1 bridge project, just north of Northlake Blvd.  Status of the lane reduction project for US 1. VI. ADJOURNMENT With there being no further business to come before the Board, the meeting adjourned at 7:51 PM. Minutes typed by Jane Lerner DRAFT DRAFT DRAFT VILLAGE OF NORTH PALMBEACH DECEMBER16, 2021 MEETINGMINUTES-DECEMBER15, 2021 Attending COMMITTEE ADMINISTRATION TomAndres AndrewLukasik- VillageManager EdKatz SamiaJanjua- FinanceDirector Suzanne Mehregan AllenBowman- GolfDirector MarieSilvani VILLAGECOUNCIL TomMagill-Chairman Dr.DarrylAubrey- Mayor ABSENT MarkMullinix- Councilman DonKazimir-PriorNoticeReceived. DaveTalley - ‘’ ‘’ ITEMSDISCUSSED: 1, Meetingcalledtoorderat530PM. 2. Minutes ofPreviousMeeting wereapprovedwithCommitteemember namecorrection. 3i.. DiscussionofQ42021YearendPreliminaryData. PFMClient ManagementReportwasdiscussed. Ms. Silvaniobservedthatourfund performancewas consistentwith debtsecuritymarketactivity. Villageperformance Data. PreliminaryFinalResultindicate aNetRevenue overExpenseof $1.878MillionfortheGeneralFund. TheCommitteeexpressed itscomplimentstobothAdministrationandCouncilforthisperformance. TheEnterpriseFund wasbuoyedbygreatperformanceinGolfoperations reflectedbya111% increaseinroundsplayed.. BothRevenueandExpensemet Budget. OfparticularnoteistheperformanceoftheFarmers’ MarketFoodand Beverageoperations. Total CalendaryearrevenuethruSeptember was $3.37 million. This $1.37millionpastthe $2 millionthresholdforthe Villagetoreceive thenegotiated levelofincome. Foodand Beveragetotalrevenuefor FY2021was 280K. Thruthefirst2monthofFY2022, revenueis $62K. EstimateofFY2021 UnallocatedFundBalanceis toremainat $11,6million. Thisrepresents34% ofour totalexpensesofboththeGeneralandEnterprise Funds. ForFY2022. Thispercentagedrops to29.5.(IncludingbothEnterpriseand GeneralFunds.) Discussionincludedsomefeelingthatthis maybetoohigh. Our auditorhasindicatedthatmanycommunitiesinour areabarelyexceed20% protection. OurnextAuditactivitywillbegininlateJanuaryandconclude in March. 4. Atthis juncture, VillageManageropenedadialoguewiththe Committeeto seek comment onhowbesttoemploythepositivefinancialpositionoftheVillage to engagingin significant issues facing theVillage. Of theimmediate focusis the 1.8millionsurplus generatedbyincreased AdValoremRevenue. After some discussion, the consensusoftheCommittee wastoemploythebulk ofthese funds to Capital needsof the Village. On someprojectsGrantswillbsolicited. The Manger will review the Village priorities and bringhis outlook backto the Committee. The meeting adjourned at6:50 pm. Tom Magill Chairman 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: January 13, 2022 SUBJECT: MOTION – Authorizing the Village Manager to execute the required forms for participation in the Florida Plan for allocation of settlement dollars from opioid related litigation. Almost 100 Florida counties and municipalities, along with the State of Florida itself, have filed suit against numerous entities involved in the manufacturing, marketing, promoting, distributing and/or dispensing of opioids. The Florida Attorney General has presented counties and municipalities throughout the state with a Memorandum of Understanding providing a framework of a unified settlement plan (“Florida Plan”) for the proposed allocation and use of opioid settlement proceeds. Participation in the Florida Plan by a large majority of Florida counties and municipalities will materially increase the amount of funds to Florida and will improve the state’s relative bargaining position during additional settlement negotiations. Assuming total participation for Florida counties and municipalities, the modeling shows that the Village’s share of the proceeds could range from $4,656.71 to $8,648.18 per year for eighteen years. As discussed at the December Village Council meeting, the use of the settlement proceeds is limited to strategies, programming and services aimed at expanding the availability of treatment for individuals impacted by opioid abuse disorders or co-occurring substance use and mental health disorders. Approved uses include the purchase of Naloxone or other FDA-approved drugs to reverse opioid overdoses and expanded training for first responders. A complete list of approved uses is set forth in Exhibits A and B to the Memorandum of Understanding included as back up material. In order to participate in the settlement, the Village Council would need to authorize the Village Manager to execute the required Participation Forms, also included as back up. While the State of Florida established a deadline of January 2, 2022 for submittal of the required forms, it now appears that this is a “soft” deadline. The Attorney General’s goal is to maximize the number of participating counites and municipalities. Even if the deadline holds, the Village is still able participate moving forward. There is no immediate fiscal impact. Recommendation: Village Staff requests Village Council approval a motion to authorize the Village Manager to execute the required forms for participation in the Florida Plan for allocation of settlement dollars from opioid-related litigation. EXHIBIT A Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”)[, such that a minimum of __% of the [aggregate] state-level abatement distributions shall be spent on [one or more of] them annually].1 A. Naloxone or other FDA-approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication-Assisted Treatment (“MAT”) Distribution and other opioid-related treatment 1. Increase distribution of MAT to non-Medicaid eligible or uninsured individuals; 2. Provide education to school-based and youth-focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non- Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence-based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant-need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. 1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. ; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence-based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco); 2. Funding for evidence-based prevention programs in schools.; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre-arrest diversion programs, post- overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. I. Evidence-based data collection and research analyzing the effectiveness of the abatement strategies within the State. EXHIBIT B Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based or evidence- informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence-based withdrawal management services for people with OUD and any co- occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, 2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. [Intentionally Blank – to be cleaned up later for numbering] 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication-Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co- occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have – or at risk of developing – OUD and any co- occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically-appropriate follow-up care through a bridge clinic or similar approach. 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid- related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: a. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or f. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal-justice-involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women – or women who could become pregnant – who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including but not limited to parent skills training. 10. Support for Children’s Services – Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction – including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non-profits and faith-based communities as systems to support prevention. 8. Fund evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence- based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in sections C, D, and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local, or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid-related or health-related indicators and supports as identified through collaborative statewide, regional, local, or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. EXHIBIT C CountyAllocated SubdivisionsRegional % by County for Abatement FundCity/County Fund %Alachua 1.241060164449%Alachua County 0.821689546303%Alachua0.013113332457%Archer0.000219705515%Gainesville0.381597611347%Hawthorne 0.000270546460%High Springs 0.011987568663%La Crosse0.000975056706%Micanopy0.002113530737%Newberry0.006102729215%Waldo0.002988721299%Baker 0.193173804130%Baker County 0.169449240037%Glen St. Mary 0.000096234647%Macclenny0.023628329446%Bay 0.839656373312%Bay County 0.508772605155%Callaway0.024953825527%Lynn Haven 0.039205632015%Mexico Beach 0.005614292988%Panama City 0.155153855596%Panama City Beach 0.080897023117%Parker0.008704696178%Springfield0.016354442736%Bradford 0.189484204081%Bradford County 0.151424309090%Brooker0.000424885045%Hampton0.002839829959%Lawtey 0.003400896108%Starke0.031392468132%Brevard 3.878799180444%Brevard County 2.323022668525%Cape Canaveral 0.045560750209% Cocoa0.149245411423%Cocoa Beach 0.084363286155%Grant‐Valkaria 0.000321387406%Indialantic0.024136738902%Indian Harbour Beach 0.021089913665%Malabar0.002505732317%Melbourne 0.383104682233%Melbourne Beach 0.012091066302%Melbourne Village 0.003782203200%Palm Bay0.404817397481%Palm Shores 0.000127102364%Rockledge0.096603243798%Satellite Beach 0.035975416224%Titusville0.240056418924%West Melbourne 0.051997577066%Broward 9.057962672578%Broward County 3.966403576878%Coconut Creek 0.101131719448%Cooper City 0.073935445073%Coral Springs 0.323406517664%Dania Beach 0.017807041180%Davie0.266922227153%Deerfield Beach 0.202423224725%Fort Lauderdale 0.830581264531%Hallandale Beach 0.154950491814%Hillsboro Beach 0.012407006463%Hollywood0.520164608456%Lauderdale‐By‐The‐Sea 0.022807611325%Lauderdale Lakes 0.062625150435%Lauderhill0.144382838130%Lazy Lake0.000021788977%Lighthouse Point 0.029131861803%Margate0.143683775129%Miramar0.279280208419%North Lauderdale 0.066069624496% Oakland Park0.100430840699%Ocean Breeze0.005381877237%Parkland0.045804060448%Pembroke Park0.024597938908%Pembroke Pines0.462832363603%Plantation0.213918725664%Pompano Beach0.335472163493%Sea Ranch Lakes0.005024174870%Southwest Ranches0.025979723178%Sunrise0.286071106146%Tamarac0.134492458472%Weston0.138637811283%West Park0.029553115352%Wilton Manors0.031630331127%Calhoun 0.047127740781%Calhoun County0.038866087128%Altha0.000366781107%Blountstown0.007896688293%Charlotte 0.737346233376%Charlotte County0.690225755587%Punta Gorda0.047120477789%Citrus 0.969645776606%Citrus County0.929715661117%Crystal River0.021928789266%Inverness0.018001326222%Clay 1.193429461456%Clay County1.055764891131%Green Cove Springs0.057762577142%Keystone Heights0.000753535443%Orange Park0.078589207339%Penney Farms0.000561066149%Collier 1.551333376427%Collier County1.354673336030%Everglades0.000148891341%Marco Island0.062094952003% Naples0.134416197054%Columbia 0.446781150792%Columbia County 0.341887201373%Fort White0.000236047247%Lake City0.104659717920%DeSoto 0.113640407802%DeSoto County 0.096884684746%Arcadia0.016755723056%Dixie 0.103744580900%Dixie County 0.098822087921%Cross City0.004639236282%Horseshoe Beach 0.000281440949%Duval 5.434975156935%Jacksonville 5.270570064997%Atlantic Beach 0.038891507601%Baldwin0.002251527589%Jacksonville Beach 0.100447182431%Neptune Beach 0.022814874318%Escambia 1.341634449244%Escambia County 1.005860871574%Century0.005136751249%Pensacola0.330636826421%Flagler 0.389864712244%Flagler Counry 0.279755934409%Beverly Beach 0.000154338585%Bunnell0.009501809575%Flagler Beach 0.015482883669%Marineland 0.000114392127%Palm Coast 0.084857169626%Franklin 0.049911282550%Franklin County 0.046254365966%Apalachicola 0.001768538606%Carabelle0.001888377978%Gadsden 0.123656074077%Gadsden County 0.090211810642% Chattahoochee0.004181667772%Greensboro0.000492067723%Gretna0.002240633101%Havana0.005459954403%Midway0.001202025213%Quincy0.019867915223%Gilchrist 0.064333769355%Gilchrist County0.061274233881%Bell0.000099866143%Fanning Springs 0.000388570084%Trenton0.002571099247%Glades 0.040612836758%Glades County 0.040420367464%Moore Haven 0.000192469294%Gulf 0.059914238588%Gulf County 0.054715751905%Port St. Joe 0.004817179591%Wewahitchka 0.000381307092%Hamilton 0.047941195910%Hamilton County 0.038817061931%Jasper0.004869836285%Jennings0.002623755940%White Springs 0.001630541754%Hardee 0.067110048132%Hardee County 0.058100306280%Bowling Green 0.001797590575%Wauchula0.006667426860%Zolfo Springs 0.000544724417%Hendry 0.144460915297%Hendry County 0.122147187443%Clewiston0.017589151414%LaBelle0.004724576440%Hernando 1.510075949110%Hernando County 1.447521612849%Brooksville0.061319627583% Weeki Wachee0.001234708678%Highlands 0.357188510237%Highlands County0.287621754986%Avon Park0.025829016090%Lake Placid 0.005565267790%Sebring0.038172471371%Hillsborough 8.710984113657%Hillsborough County 6.523111204400%Plant City0.104218491142%Tampa1.975671881253%Temple Terrace 0.107980721113%Holmes 0.081612427851%Holmes County 0.066805002459%Bonifay0.006898026863%Esto0.006269778036%Noma0.001278286631%Ponce de Leon 0.000179759057%Westville0.000179759057%Indian River 0.753076058781%Indian River County 0.623571460217%Fellsmere0.004917045734%Indian River shores 0.025322422382%Orchid0.000306861421%Sebastian0.038315915467%Vero Beach 0.060642353558%Jackson 0.158936058795%Jackson County 0.075213731704%Alford0.000303229925%Bascom0.000061735434%Campbellton 0.001648699234%Cottondale 0.001093080329%Graceville0.002794436257%Grandridge 0.000030867717%Greenwood 0.001292812616%Jacob City0.000481173235% Malone0.000092603151%Marianna0.073519638768%Sneads0.002404050426%Jefferson 0.040821647784%Jefferson County 0.037584169001%Monticello0.003237478783%Lafayette 0.031911772076%Lafayette County 0.031555885457%Mayo0.000355886619%Lake 1.139211224519%Lake County 0.757453827343%Astatula0.002727253579%Clermont0.075909163209%Eustis0.041929254098%Fruitland Park 0.008381493024%Groveland0.026154034992%Howey‐In‐The‐Hills 0.002981458307%Lady Lake0.025048244426%Leesburg0.091339390185%Mascotte0.011415608025%Minneola0.016058475803%Montverde 0.001347285057%Mount Dora 0.041021380070%Tavares0.031820984673%Umatilla0.005623371728%Lee 3.325371883359%Lee County 2.115268407509%Bonita Springs 0.017374893143%Cape Coral0.714429677167%Estero0.012080171813%Fort Myers 0.431100350585%Fort Myers Beach 0.000522935440%Sanibel0.034595447702%Leon 0.897199244939%Leon County 0.471201146391% Tallahassee0.425998098549%Levy 0.251192401748%Levy County0.200131750679%Bronson0.005701448894%Cedar Key0.005180329202%Chiefland0.015326729337%Fanning Springs0.000808007885%Inglis0.004976965420%Otter Creek0.000408543312%Williston0.017774357715%Yankeetown0.000884269303%Liberty 0.019399452225%Liberty County0.019303217578%Bristol0.000096234647%Madison 0.063540287455%Madison County0.053145129837%Greenville0.000110760631%Lee0.000019973229%Madison0.010264423758%Manatee 2.721323346235%Manatee County2.201647174006%Anna Maria0.009930326116%Bradenton0.379930754632%Bradenton Beach0.014012127744%Holmes Beach0.028038781473%Longboat Key0.034895046131%Palmetto0.052869136132%Marion 1.701176168960%Marion County1.303728892837%Belleview0.009799592256%Dunnellon0.018400790795%McIntosh0.000145259844%Ocala0.368994504094%Reddick0.000107129135%Martin 0.869487298116% Martin County0.750762795758%Jupiter Island0.020873839646%Ocean Breeze Park0.008270732393%Sewall's Point0.008356072551%Stuart0.081223857767%Miami‐Dade 5.232119784173%Miami‐Dade County4.282797675552%Aventura0.024619727885%Bal Harbour0.010041086747%Bay Harbor Islands0.004272455175%Biscayne Park0.001134842535%Coral Gables0.071780152131%Cutler Bay0.009414653668%Doral0.013977628531%El Portal0.000924215760%Florida City0.003929278792%Golden Beach0.002847092951%Hialeah0.098015895785%Hialeah Gardens0.005452691411%Homestead0.024935668046%Indian Creek 0.002543863026%Key Biscayne 0.013683477346%Medley0.008748274131%Miami0.292793005448%Miami Beach 0.181409572478%Miami Gardens 0.040683650932%Miami Lakes 0.007836768608%Miami Shores 0.006287935516%Miami Springs 0.006169911893%North Bay Village 0.005160355974%North Miami 0.030379280717%North Miami Beach 0.030391990953%Opa‐locka0.007847663096%Palmetto Bay 0.007404620570%Pinecrest0.008296152866% South Miami0.007833137111%Sunny Isles Beach0.007693324511%Surfside0.004869836285%Sweetwater0.004116300842%Virginia Gardens0.001172973244%West Miami0.002654623657%Monroe 0.476388738585%Monroe County0.330124785469%Islamorada0.022357305808%Key Colony Beach0.004751812661%Key West0.088087385417%Layton0.000150707089%Marathon0.030916742141%Nassau 0.476933463002%Nassau County0.392706357951%Callahan0.000225152759%Fernandina Beach0.083159445195%Hillard0.000842507098%Okaloosa0.819212865955%Okaloosa County0.612059617545%Cinco Bayou0.000733562214%Crestview0.070440130066%Destin0.014678507281%Fort Walton Beach0.077837487644%Laurel Hill0.000079892914%Mary Esther0.009356549730%Niceville0.021745398713%Shalimar0.001824826796%Valparaiso0.010456893052%Okeechobee0.353495278692%Okeechobee County0.314543851405%Okeechobee 0.038951427287%Orange 4.671028214546%Orange County3.063330386979%Apopka0.097215150892% Bay Lake0.023566594013%Belle Isle0.010798253686%Eatonville0.008325204835%Edgewood0.009716067845%Lake Buena Vista 0.010355211161%Maitland0.046728276209%Oakland0.005429086686%Ocoee0.066599822928%Orlando1.160248481490%Windemere 0.007548064667%Winter Garden 0.056264584996%Winter Park 0.104903028159%Osceola 1.073452092940%Osceola County 0.837248691390%Kissimmee0.162366006872%St. Cloud0.073837394678%Palm Beach 8.601594372053%Palm Beach County 5.552548475026%Atlantis0.018751230169%Belle Glade 0.020828445945%Boca Raton 0.472069073961%Boynton Beach 0.306498271771%Briny Breezes 0.003257452012%Cloud Lake0.000188837798%Delray Beach 0.351846579457%Glen Ridge0.000052656694%Golf0.004283349663%Greenacres 0.076424835657%Gulf Stream 0.010671151322%Haverhill0.001084001589%Highland Beach 0.032510968934%Hypoluxo0.005153092982%Juno Beach 0.016757538804%Jupiter Island 0.125466374888%Jupiter Inlet Colony 0.005276563849% Lake Clarke Shores0.007560774903%Lake Park0.029433275980%Lake Worth 0.117146617298%Lantana0.024507151505%Loxahatchee Groves 0.002531152789%Manalapan 0.021632822333%Mangonia Park 0.010696571795%North Palm Beach 0.044349646256%Ocean Ridge 0.012786497807%Pahokee0.004018250447%Palm Beach 0.185476848123%Palm Beach Gardens 0.233675880257%Palm Beach Shores 0.014135598612%Palm Springs 0.038021764282%Riviera Beach 0.163617057282%Royal Palm Beach 0.049295743959%South Bay0.001830274040%South Palm Beach 0.005866681967%Tequesta0.031893614595%Wellington 0.050183644758%West Palm Beach 0.549265602541%Pasco 4.692087260494%Pasco County 4.319205239813%Dade City0.055819726723%New Port Richey 0.149879107494%Port Richey 0.049529975458%San Antonio 0.002189792155%St. Leo0.002790804761%Zephyrhills0.112672614089%Pinellas 7.934889816777%Pinellas County 4.546593184553%Belleair0.018095745121%Belleair Beach 0.004261560686%Belleair Bluffs 0.007502670965%Belleair Shore 0.000439411029% Clearwater0.633863120196%Dunedin0.102440873796%Gulfport0.047893986460%Indian Rocks Beach0.008953453662%Indian Shores0.011323004874%Kenneth City0.017454786058%Largo0.374192990777%Madeira Beach0.022616957779%North Reddington Beach0.003820333909%Oldsmar0.039421706033%Pinellas Park0.251666311991%Redington Beach0.003611522882%Redington Shores0.006451352841%Safety Harbor0.038061710740%Seminole0.095248695748%South Pasadena0.029968921656%St. Pete Beach0.071791046619%St. Petersburg1.456593090134%Tarpon Springs0.101970595050%Treasure Island0.040652783215%Polk 2.150483025298%Polk County1.558049828484%Auburndale0.028636162584%Bartow0.043971970660%Davenport0.005305615818%Dundee0.005597951255%Eagle Lake0.002580177987%Fort Meade0.007702403251%Frostproof0.005857603227%Haines City0.047984773863%Highland Park0.000063551182%Hillcrest Heights0.000005447244%Lake Alfred0.007489960729%Lake Hamilton0.002540231530%Lakeland0.294875668468% Lake Wales0.036293172134%Mulberry0.005414560702%Polk City0.001080370093%Winter Haven0.097033576087%Putnam 0.384893194068%Putnam County 0.329225990182%Crescent City 0.005561636294%Interlachen 0.001877483489%Palatka0.046955244716%Pomona Park 0.000379491344%Welaka0.000893348043%Santa Rosa 0.701267319513%Santa Rosa County 0.592523984216%Gulf Breeze 0.061951507906%Jay0.000159785829%Milton0.046632041562%Sarasota 2.805043857579%Sarasota County 1.924315263251%Longboat Key 0.044489458856%North Port0.209611771277%Sarasota0.484279979635%Venice0.142347384560%Seminole 2.141148264544%Seminole County 1.508694164839%Altamonte Springs 0.081305566430%Casselberry 0.080034542791%Lake Mary0.079767627827%Longwood0.061710013415%Oviedo0.103130858057%Sanford0.164243490362%Winter Springs 0.062262000824%St. Johns 0.710333349554%St. Johns County 0.656334818131%Hastings0.000010894488%Marineland 0.000000000000% St. Augustine0.046510386442%St. Augustine Beach0.007477250493%St. Lucie 1.506627843552%St. Lucie County0.956156584302%Fort Pierce0.159535255654%Port St. Lucie0.390803453989%St. Lucie Village0.000132549608%Sumter 0.326398870459%Sumter County0.302273026046%Bushnell0.006607507174%Center Hill0.001312785844%Coleman0.000748088199%Webster0.001423546476%Wildwood0.014033916721%Suwannee 0.191014879692%Suwannee County0.161027800555%Branford0.000929663004%Live Oak0.029057416132%Taylor 0.092181897282%Taylor County0.069969851319%Perry0.022212045963%Union 0.065156303224%Union County0.063629259109%Lake Butler0.001398126003%Raiford0.000012710236%Worthington Springs0.000116207876%Volusia 3.130329674480%Volusia County1.708575342287%Daytona Beach0.447556475212%Daytona Beach Shores0.039743093439%DeBary0.035283616215%DeLand0.098983689498%Deltona0.199329190038%Edgewater0.058042202343%Flagler Beach0.000223337011% Holly Hill0.031615805143%Lake Helen 0.004918861482%New Smyrna Beach 0.104065968306%Oak Hill0.004820811087%Orange City 0.033562287058%Ormond Beach 0.114644516477%Pierson0.002333236251%Ponce Inlet 0.023813535748%Port Orange 0.177596501562%South Daytona 0.045221205323%Wakulla 0.115129321208%Wakulla County 0.114953193647%Sopchoppy 0.000107129135%St. Marks0.000068998426%Walton 0.268558216151%Walton County 0.224268489581%DeFuniak Springs 0.017057137234%Freeport0.003290135477%Paxton0.023942453860%Washington 0.120124444109%Washington County 0.104908475404%Caryville0.001401757499%Chipley0.012550450560%Ebro0.000221521263%Vernon0.000361333863%Wausau0.000680905521%100.00% 100.00% Florida Subdivision Participation Form Governmental Entity: State: Authorized Signatory: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity consistent with the material terms of the National Settlement Agreement with Janssen, dated July 21, 2021 (“National Janssen Settlement”)acting through the undersigned authorized official, hereby elects to participate in the National Janssen Settlement , release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the National Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Participation Form, the Governmental Entity elects to participate consistent with the material terms of the National Janssen Settlement and become a Participating Subdivision as provided therein pursuant to the terms of the National Janssen Settlement or pursuant to terms consistent with the National Janssen Settlement. 2. The Governmental Entity’s election to participate is specifically conditioned on participation by Litigating Subdivisions and Litigating Special Districts representing 95% or more of the population (combined) of Litigating Subdivisions and Litigating Special Districts in Florida. Should the combined population of the Litigating Subdivisions and Litigating Special Districts in Florida that participate be less than 95% of the population (combined) of the Litigating Subdivisions and Litigating Special Districts in Florida, this Election and Release shall be deemed void and no claims shall be released. 3. The Governmental Entity’s execution of this Participation Agreement shall serve as the Governmental Entity’s acceptance of the terms and conditions of the Florida Opioid Allocation And Statewide Response Agreement dated November 15, 2021. 4. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. 5. The Governmental Entity agrees to the terms of the National Janssen Settlement pertaining to Subdivisions as defined therein. 6. By agreeing to the terms of the National Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 7. The Governmental Entity agrees to use any monies it receives through the National Janssen Settlement solely for the purposes provided therein. 8. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the National Janssen Settlement Agreement. 9. The Governmental Entity has the right to enforce the National Janssen Settlement as provided therein. 10. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the National Janssen Settlement, including, but not limited to all provisions of Section IV (Release), of the Janssen Settlement and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the National Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The National Janssen Settlement shall be a complete bar to any Released Claim. 11. In connection with the releases provided for in the National Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the National Janssen Settlement. 12. Nothing herein is intended to modify in any way the terms of the National Janssen Settlement to which Governmental Entity hereby agrees, with the exception of the requisite Litigating Government participation level. I swear under penalty of perjury that I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ Florida Subdivision Participation Form Governmental Entity: State: Authorized Signatory: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity consistent with the material terms of the National Settlement Agreement with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation (“Settling Distributors”), dated July 21, 2021 (“National Distributor Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the National Distributor Settlement t, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the National Distributor Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Participation Form, the Governmental Entity elects to participate consistent with the material terms of the National Distributor Settlement and become a Participating Subdivision as provided therein pursuant to the terms of the National Distributor Settlement or pursuant to terms consistent with the National Distributor Settlement. 2. The Governmental Entity’s election to participate is specifically conditioned on participation by Litigating Subdivisions representing 95% or more of the population (combined) of Litigating Subdivisions in Florida. Should the combined population of the Litigating Subdivisions in Florida that participate be less than 95% of the population (combined) of the Litigating Subdivisions in Florida, this Election and Release shall be deemed void and no claims shall be released. 3. The Governmental Entity’s execution of this Participation Agreement shall serve as the Governmental Entity’s acceptance of the terms and conditions of the Florida Opioid Allocation And Statewide Response Agreement dated November 15, 2021. 4. The Governmental Entity shall, within 14 days of the Reference Date prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 5. The Governmental Entity agrees to the terms of the National Distributor Settlement pertaining to Subdivisions as defined collectively therein. 6. By agreeing to the terms of the National Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 7. The Governmental Entity agrees to use any monies it receives through the National Distributor Settlement solely for the purposes provided therein. 8. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the National Distributor Settlement. If the National Distributor Settlement is finalized, the Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in the National Distributor Settlement. 9. The Governmental Entity has the right to enforce the National Distributor Settlement as collectively provided therein. 10. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the National Distributor Settlement, including but not limited to, all provisions of Part XI and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the National Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The National Distributor Settlement shall be a complete bar to any Released Claim. 11. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision consistent with the National Distributor Settlement. 12. In connection with the releases provided for in the National Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the National Distributor Settlement. 13. Nothing herein is intended to modify in any way the terms of the National Distributor Settlement to which Governmental Entity hereby agrees, with the exception of the requisite Litigating Government participation level. I swear under penalty of perjury that I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT ______________________________________________________________________ TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director; Alex Ahrenholz, Principal Planner DATE: January 13, 2022 SUBJECT: RESOLUTION - Final Plat approval for the Prosperity Village Planned Unit Development ______________________________________________________________________ The property owner, Prosperity Village Development LLC, has filed an application for final plat approval. Background: Through the adoption of Ordinance No. 2021-12 on November 18, 2021, the Village Council approved the Prosperity Village Planned Unit Development (PUD), site plan, and preliminary plat. As required by Section 36-14 of the Village Code of Ordinances, a subdivision must submit a final plat for review by the Planning Commission and Village Council. The final plat will approve the final iteration of all easements, site layout and lot sizes that may have changed as a result of conditions of approval or deviations necessary as a result of on-site construction. Analysis: There were no physical changes required by the Village Council or Planning Commission to amend site design after approval of the subdivision plan and preliminary plat. The Village Engineer and Village Attorney had comments to amend the wording of the easement dedications to reflect the condition of approval set forth in the Ordinance and ensure the consistency between the wording and physical layout. Seacoast Utility Authority additionally had comments to slightly amend the size and location of the easements being dedicated to them. All changes have been added to the final plat as requested. The Planning Commission reviewed the Final Plat for the Prosperity Village PUD at its December 7, 2021 meeting and unanimously recommended approval. There is no fiscal impact Recommendation: Village staff recommends Village Council consideration and approval of a Resolution adopting the final plat for the Prosperity Village PUD. Attachments: 1. Final Plat of the Prosperity Village PUD RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FINAL PLAT FOR THE PROSPERITY VILLAGE PLANNED UNIT DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2021-12 (“PUD Ordinance”), the Village Council approved the Prosperity Village Residential Planned Unit Development on approximately 2.33 acres of vacant real property located on the west side of Prosperity Farms Road south of Allamanda Drive; and WHEREAS, Section 6(J) of the PUD Ordinance and Section 36-14 of the Village Code require the developer to obtain final plat approval from the Village Council; and WHEREAS, the Village Engineer has certified that the final plat is consistent with the requirements of Chapter 177, Florida Statutes, and the Village Code of Ordinances; and WHEREAS, the Village’s Planning Commission reviewed the final plat at a public hearing held on December 7, 2021 and recommended approval of the plat; 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 a final plat for the Prosperity Village Planned Unit Development, a copy of which is attached hereto and incorporated herein by reference, and authorizes the Mayor (and Planning Commission Chair) to execute the final plat on behalf of the Village. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK K:\UST\084243\21-025\21-025-306\21-025-306.DGN 12/6/2021 4:48:00 PM 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: January 13, 2022 SUBJECT: RESOLUTION – Approval of a Collective Bargaining Agreement with the Professional Firefighters/Paramedics of Palm Beach County, local 2928, IAFF ending September 30, 2024. Village staff recommends Village Council adoption of a Resolution approving a Collective Bargaining Agreement between the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. (“IAFF”) which represents employees in the Fire Rescue Department. The contract will be effective upon 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: Worker’s Compensation:  The time period for which an injured employee on Workers’ Compensation will be carried at full pay is changed from 26 weeks to 6 pay periods (which is equivalent to 12 weeks), less any Workers’ Compensation benefits. This change will create consistency between the IAFF and the PBA (police) contracts.  Additionally, light duty assignment availability was clarified to reflect current operating procedures. Pension:  Pension benefits were increased to provide for a cap on retirement benefits from 75% to 80% of average final compensation.  Increases to employee retirement contributions from 7% to: o 7.5% effective September 30, 2022, o 8.0% effective September 30, 2023, and o 8.5% effective September 30, 2024.  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. Bereavement Leave:  Paid leave for Bereavement was increased to three (3) consecutive shifts for loss of father, mother, spouse or child.  This compares to what was the equivalent of two (2) consecutive shifts in the previous contract. 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). 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 each position by 3.79%. Each step beyond the minimum represents an increase of 3.5%. o For FY 2023 and FY 2024, the step plan increases the minimum wage for each position by 4%. 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.  Employees will advance one step in the schedule on April 1 of each year if a successful performance review is attained.  Employees hired within ninety (90) days prior to April 1 will not receive their first step increase until the following April 1.  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. Cost Impacts: 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. The actuarial analysis completed during negotiations indicated that, in order to adequately fund the benefit enhancement, an increase in funding equivalent to 0.6% of the Fire/Rescue payroll would be required. Over the term of the contract, employee contributions to pension will increase 1.5%. 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 by approximately $36,000. The anticipated cost of wages as a result of the contract is $1,870,490. 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 the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF 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 WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. THROUGH SEPTEMBER 30, 2024; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the prior Collective Bargaining Agreement between the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. (“IAFF”) expired on September 30, 2021; and WHEREAS, the Village and the IAFF 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 incorporated herein. Section 2. The Village Council hereby approves and ratifies a new Collective Bargaining Agreement between the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc., a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager 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 Page 1 of 63 {00488587.1 1823-9704441} COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. 10/1/21 to 9/30/24 Page 2 of 63 {00488587.1 1823-9704441} TABLE OF CONTENTS ARTICLE 1 PREAMBLE.......................................................................................................................................... 3 ARTICLE 2 RECOGNITION ................................................................................................................................... 4 ARTICLE 3 VALIDITY ............................................................................................................................................ 5 ARTICLE 4 WORKER’S COMPENSATION .......................................................................................................... 6 ARTICLE 5 HEALTH INSURANCE ........................................................................................................................ 8 ARTICLE 6 PENSION ............................................................................................................................................ 9 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 ................................................................................................................ 16 ARTICLE 12 MANAGEMENT RIGHTS ............................................................................................................... 17 ARTICLE 13 SENIORITY ..................................................................................................................................... 18 ARTICLE 14 PAID VACATIONS ......................................................................................................................... 20 ARTICLE 15 PAID HOLIDAYS ............................................................................................................................ 23 ARTICLE 16 GRIEVANCE PROCEDURE - ARBITRATION ................................................................................ 24 ARTICLE 17 DISCIPLINARY APPEALS ............................................................................................................... 29 ARTICLE 18 UNION ACTIVITIES ....................................................................................................................... 30 ARTICLE 19 RULES, REGULATIONS, DIRECTIVES ........................................................................................... 32 ARTICLE 20 BULLETIN BOARD ......................................................................................................................... 33 ARTICLE 21 SCHEDULED HOURS - OVERTIME PAY ...................................................................................... 34 ARTICLE 22 FIRE RESCUE CONTINUING EDUCATION .................................................................................. 38 ARTICLE 23 TEMPORARY APPOINTMENTS .................................................................................................... 39 ARTICLE 24 MEDICAL EXAMINATIONS .......................................................................................................... 41 ARTICLE 25 UNIFORM AND CLOTHING ALLOWANCE ................................................................................. 43 ARTICLE 26 VEHICLES AND EQUIPMENT ....................................................................................................... 45 ARTICLE 27 PERSONNEL FILES - COMPLAINTS ............................................................................................. 46 ARTICLE 28 PROCEDURAL RIGHTS.................................................................................................................. 47 ARTICLE 29 WAGES ........................................................................................................................................... 49 ARTICLE 31 TRAINING ...................................................................................................................................... 52 ARTICLE 32 PROBATIONARY EMPLOYEES ..................................................................................................... 53 ARTICLE 33 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES ....................................... 54 ARTICLE 34 PROMOTIONS ............................................................................................................................... 55 ARTICLE 35 DURATION ..................................................................................................................................... 58 APPROVAL/SIGNATURE PAGE .......................................................................................................................... 59 ADDENDUM ........................................................................................................................................................ 60 Page 3 of 63 {00488587.1 1823-9704441} ARTICLE 1 PREAMBLE 1. This Agreement is entered into by and between THE VILLAGE OF NORTH PALM BEACH, a municipal organization, hereinafter referred to as the "VILLAGE" and the PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC., hereinafter referred to as the “UNION”, for the purposes of promoting harmonious relations between the two parties, to establish an orderly and peaceful procedure for settli ng differences which may arise, and to set forth the basic and full Agreement between the parties concerning wages, hours, terms and conditions of employment. Page 4 of 63 {00488587.1 1823-9704441} ARTICLE 2 RECOGNITION 1. The VILLAGE recognizes the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc., as the certified bargaining agent and exclusive representative of the bargaining unit defined in Certification No. 1259 granted by the Public Employees Relations Commission (PERC) on May 28, 1999, and as amended from time to time, for purposes of collective bargaining with respect to wages, hours, and/or terms and conditions of employment. 2. The term "employee" in this Agreement means those individuals employed by the VILLAGE in positions represented by the UNION regardless of membership in the UNION. Page 5 of 63 {00488587.1 1823-9704441} ARTICLE 3 VALIDITY 1. If any 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 affected monetary provision(s) of this Agreement. Page 6 of 63 {00488587.1 1823-9704441} ARTICLE 4 WORKER’S COMPENSATION 1. The VILLAGE will carry Worker's 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 where the disability is self -inflicted, or the disability continues as a result of the employee's failure to fully cooperate with medical advice or corrective therapy, or where drugs/alcohol are present at the time of the injury and are causally connected to the incident giving rise to the injury. 3. 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. There is no supplemental pay during the pay period in which the employee returns to work. In order to be considered for this injury in line of duty benefit, the following conditions must be met: A. The employee must provide written testimony or evidence that their injury was received in the line of duty. An injury received while `the employee is attending a department approved school or 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 file a claim, on the form provided by the VILLAGE, with the Fire Chief. C. Any employee who is able to return to work after a job related injury shall b e reinstated to their former job, 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 Fire-Rescue position, if a vacancy occurs, and the employee qualifies for such position. E. An employee with either a service connected injury/illness, non-service connected injury/illness or pregnancy who voluntarily offers to work light duty may be assigned to light duty at the discretion of the Fire Chief, provided there is light duty work to be Page 7 of 63 {00488587.1 1823-9704441} performed. An employee with a service-connected injury/illness or a pregnant employee who requests light duty will have priority in light duty assignment over employees with other non-service-connected injuries. The Village does not have mandatory, permanent, or temporary light duty assignments and light duty assignments will not be created or extended without a clear operational need. The light duties assigned to an employee must be approved by the employee’s treating physician. Light duty assignments may be in Village departments other than the Fire/Rescue Department. 4. Employees shall immediately report to the VILLAGE any and all injuries which require treatment by a physician and which occur while on duty. 5. The VILLAGE shall have the right to conduct a post -accident drug test of any and all employees involved in a vehicular accident or other reportable incident which requires that any involved vehicle be towed from the scene of the accident or any involved in dividual receive medical treatment as a result of the vehicular accident or other reportable incident. Page 8 of 63 {00488587.1 1823-9704441} ARTICLE 5 HEALTH INSURANCE 1. The VILLAGE agrees to provide a health insurance plan to all Village employees. The VILLAGE agrees to pay one hundred percent (100%) of the medical, dental insurance premiums for the employee and eighty percent (80%) of the employee's dependent's medical, dental and hospitalization insurance for the medical, dental, plan with the lowest cost of the plans offered by the VILLAGE. If an employee chooses coverage under the medical, dental, with the higher cost, the employee shall be responsible for the difference in premium cost between the cheaper and more expensive plans. The VILLAGE shall apply all premium contributions pa id by, or withheld from the employee to the cost of the employees' dependents' coverage. Insurance plans include prescription drug coverage. The benefits of these insurance plans shall be those set forth in the insurance master plan distributed to all employees. 2. It will be the responsibility of the employee to notify the VILLAGE in writing within thirty (30) days in the event that dependent coverage is no longer required due to a change in marital status or for any other reason. Should the employee n ot notify the VILLAGE of said change, the employee shall reimburse the VILLAGE for the amount paid for their dependent insurance coverage premium from the date of status change. 3. The VILLAGE retains the right to determine the insurance carrier or it may self-insure if it so desires. In any event, the VILLAGE shall offer the same plan of medical, dental, benefits to employees covered by this collective bargaining agreement as those benefits offered to all other employees of the VILLAGE. 4. The VILLAGE shall provide a life insurance policy to all employees in the bargaining unit with a benefit payable at the maximum level allowed by IRS regulations before imputing added employee compensation (currently $50,000 or $25,000 after age 70). Page 9 of 63 {00488587.1 1823-9704441} ARTICLE 6 PENSION 1. Retirement benefits for IAFF bargaining unit members are as set forth in Chapter 2, Article V, Division 4. of the Village Code of Ordinances. 2. The following amendments to benefits and contributions will take effect during the term of this Agreement: The 75% pension maximum monthly pension benefit cap will be increased to 80% of AME effective 10/1/2022. 3. Employee contributions will increase: A. From 7% to 7.5% September 30, 2022 B. From 7.5% to 8 % September 30, 2023 C. From 8% to 8.5 % September 30, 2024 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 e ducational 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. The 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter “Legislation”, regarding the use of insurance premium tax revenue (“IPTR”). The Pension Fund for the Firefighters and Police Officers (“Fund”) meets or exceeds the minimum benefits and minimum standards established by the State of Florida for public employee firefighters and officers 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 ta x 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 between the IAFF and the Village. The provisions of this Agreement reflect the Village’s and IAFF’s mutual consent and agreement that all IPTR, whether base premium revenue or additional premium tax revenue, received by the Village will be used by, Page 10 of 63 {00488587.1 1823-9704441} or for the benefit of, the Village to meet its annual actuarially required contribution (“ARC”) to t he Fund. If the State does not accept this mutual consent and agreement, this Article shall be reopened for further negotiations. Page 11 of 63 {00488587.1 1823-9704441} ARTICLE 7 FAMILY MEDICAL LEAVE Family Medical Leave shall be granted in accordance with 9.1.6 C. of Village Policy No. 08-09. Page 12 of 63 {00488587.1 1823-9704441} 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: A. Three (3) consecutive shifts for : father, mother, spouse, child. B. Two (2) consecutive shifts for : 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, grandchild, foster parent, nephew, niece, aunt, uncle, first cousin, step - father, stepmother, step-brother, step-sister or step-child of the employee. 2. Employees may utilize vacation or other personal leave time in order to be paid for the additional twenty-four (24) hours of unpaid bereavement leave. A request for additional time may be granted, subject to the discretion of the Village Manager or their designee. 3. An employee who is notified of the death of a family member as defined in Section 1 above while on duty shall be immediately, or as soon as is practically possible, released from duty for the remainder of their shift with pay. The remaining hours of the shift from which the employee is released shall not be counted against any bereavement leave. Page 13 of 63 {00488587.1 1823-9704441} ARTICLE 9 MILITARY LEAVE 1. The rights and benefits regarding military leave are as set forth in the Village Leave Policy 08- 09 attached. Page 14 of 63 {00488587.1 1823-9704441} 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 or illness or necessary medical treatment which precludes him or her from reporting for duty; or B. Any injury, illness or necessary medical treatment of an employee's spouse, child, step-child or parent which requires the employee's help to care for him or her or to obtain the necessary medical treatment. 2. The employee will certify on the appropriate Personnel Action Form upon their return to duty that they were not able to report for duty due to one of the above reasons. 3. Employees will accrue 0.0481 hours of sick leave per regularly scheduled hour of work, so long as an employee is in that pay status. An employee on paid sick leave s hall continue to accrue all benefits as if on active duty, except that paid sick leave shall not be considered days worked for overtime purposes. 4. Sick leave may be accumulated with no maximum. Any 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 up to a maximum of four hundred eighty (480) unused accrued sick leave hours (which equals a maximum of two hundred forty (240) hours payment). Employees with seven (7) or more years of service to the VILLAGE shall receive payment equal to seventy-five percent (75%) of up to a maximum of four hundred eighty (480) unused accrued sick leave hours. This payment provision does not apply to any employee who is discharged for cause. A deceased employee’s pay for sick leave shall be paid to the estate of the decedent. 5. Sick Leave Reimbursement A. Employees who have accrued three hundred eighty four (384) hours of sick leave ("minimum base") may request reimbursement for sick leave accrued over the minimum base. Reimbursement by the VILLAGE will be on a 50% basis for every sick day hour above the minimum. Page 15 of 63 {00488587.1 1823-9704441} 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 Human Resources 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. 6. An employee who has been declared either physically or psychologically 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. 7. Non-probationary employees who use zero sick leave hours in any consecutive six month period of time shall receive 12 hours of personal leave time which shall be available f or use in the same manner as vacation leave. 8. An employee is responsible for the appropriate use of sick leave. Sick leave abuse occurs when an employee uses sick leave for unauthorized purposes or falsifies the actual reason for charging an absence to sick leave. Abuse may also occur when an employee establishes a pattern of sick leave usage over a period of time such as the day before or after a holiday, on Mondays and Fridays, after paydays, any one specific day, half-day, or a continued pattern of maintaining zero or near zero leave balances. Sick leave abuse is misconduct and can result in disciplinary action . Page 16 of 63 {00488587.1 1823-9704441} ARTICLE 11 COURT APPEARANCES 1. Any member required to attend a judicial matter arising from the performance of their duty shall be compensated for said services as follows: A. Attendance while on duty, payment at regular pay scale. B. Attendance while off duty, payment of one and one-half hourly rate. C. A minimum guarantee of two (2) hours payment will be made for any appearance under this article to an employee who is off duty on the day of the appearance but the appearance is more than two (2) hours before the beginning or more than two (2) hours after the end of the employee's shift. If the employee is on duty on the day of the appearance but the appearance is less than two (2) hours before the beginning or less than two (2) hours after the end of the employee's shift, the employee will be paid for the actual time spent attending the judicial matter. D. Witness fees shall be retained by the employee. 2. Members who are required to attend a judicial matter arising from performance of their duties shall give notice to the Fire Chief and the Village Attorney. An employee, served with a subpoena requiring the employee’s attendance at a hearing, deposition, or trial or the requesting production of any Village records, shall promptly provide a copy of the subpoena to the Fire Chief . Rescheduling may be requested and coordinated by the VILLAGE. 3. Payment shall be made as soon as possible (by the next) payroll period following completion of the service. 4. Travel time spent by an employee for court appearances or deposition in a case arising from performance of their duties 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. Page 17 of 63 {00488587.1 1823-9704441} ARTICLE 12 MANAGEMENT RIGHTS 1. 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 Fire Rescue 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 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, o r facilities (provided, however, that such actions are not inconsistent with the terms of this Agreement) . 2. The UNION and the VILLAGE recognize that the residents of North Palm Beach are entitled to receive services at the highest possible level, subject to budget constraints. Therefore, the UNION 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. The UNION agrees that all employees covered under this Agreement shall comply with all Village Personnel Rules and Regulations, including those relating to conduct and work performance, unless such rules and regulations conflict with this Agreement. 4. If, at the discretion of the Village Manager or designee, 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, or designee, 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. Page 18 of 63 {00488587.1 1823-9704441} ARTICLE 13 SENIORITY 1. Seniority shall be defined as length of service with the Village Fire Department as determined by an employee’s date of hire. In the event that two employees in the same classification have the same date of hire, seniority shall be determined by length of service within classification. 2. Seniority will govern selection of vacation schedules and preference in working overtime, provided the Fire Chief has the final authority to over-ride seniority for extraordinary operation reasons and the decision in that regard is not grievable. When the Fire Chief over-rides a request based on seniority, the Fire Chief shall inform the requesting party in writing of the basis of the decision. 3. Where a promotional opportunity shall occur and two or more employees are under consideration, the Fire Chief shall give due consideration to seniority and qualifications. 4. In the event of a layoff, an employee may displace the employee with lesser seniority in a lower classification provided the employee has prior service in said lo wer classification and provided further that the following factors are substantially equal: A. Sufficient ability and qualifications to perform the work. B. Performance evaluation. C. Physical condition and job attitude. 5. In the event of substantial inequality of these 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. 6. An employee shall be recalled in inverse order of layoff. 7. 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, or designee, intention of returning to work within three (3) days of receipt of recall, as verified by certified mail, return receipt. Page 19 of 63 {00488587.1 1823-9704441} 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. 8. Seniority shall continue to accrue during all types of leave approved by the VILLAGE. Page 20 of 63 {00488587.1 1823-9704441} ARTICLE 14 PAID VACATIONS 1. Vacation days accrue but may not be taken during the first one hundred eighty (180) days of service. Exceptions to this general rule may be made by the Fire Chief at the Chief’s discretion. All personnel who have completed one hundred eighty (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 DAYS OF VACATION 24 Hr. Employees and Paramedics Less than 6 Years 5 Shifts = 2 weeks = 120 hours 6 Years but less than 7 Shifts = 3 weeks = 168 hours 10 years 10 Years and over 10 Shifts = 4 weeks = 240 hours 2. Vacation, sick leave, or any other paid leave, shall be included in the computation of the one year of required full service. A. Vacations shall be scheduled from January 1 to December 31. The VILLAGE shall determine the number of employees who can be off on vacation at any time throughout the year. Employees may not schedule vacation time off in excess of their anticipated available accruals including existing banks. B. In October of each year, the VILLAGE will advise how many employees may be scheduled off for vacation during the next year beginning January 1 per shift. C. During the month of November, employees shall select vacation periods by seniority on a per shift basis. Vacations selections shall be made in three (3) rounds: (i) First Round - No later than November 15, all employees must submit requests to select a minimum of three (3) or more consecutive shifts (which may include Kelly Days). First round selections shall be limited to no more than ten (10) shifts, which includes Kelly Days, provided that the Fire Chief may approve vacation selections greater than ten Page 21 of 63 {00488587.1 1823-9704441} (10) shifts. Such approval shall not be unreasonably denied. No part of any vacation lasting eleven (11) shifts or more (including Kelly Days) may be cancelled. (ii) Second Round - No later than November 15, employees may submit requests to schedule another single group of (1 or more) consecutive shifts of vacation time. First and second round vacation awards shall be made no later than November 30. (iii) Third Round - On the first A, B, and C shifts in December, the Fire Chief or designee will begin to accept applications for vacation scheduling for the upcoming year, which shall be on a first come, first serve basis. If two (2) or more requests for the same vacation day are received on the same day, the employee with the most seniority will receive the requested vacation day. Employees shall be notified no later than the end of their shift following the shift in which their request was made as to whether their request has been approved or denied. Denied vacation request forms shall be kept on file by the Fire Chief or designee and should the requested vacation time become available, the denied vacation request shall be considered for approval. The date of submission of denied time shall then constitute the date for the first come, first serve basis. D. Once approved, vacation times shall not be rescinded by the VILLAGE except in the event of a major emergency (i.e. earthquake, tropical storm, hurricane, or civil emergency). E. Employees may cancel or request vacation time only if at least sixty-two (62) hours’ notice is provided from the start of the leave period, including Kelly Days. Requests or cancellations, if made with less than the required notice, but prior to the start of the leave period, may be granted at the discretion of the Fire Chief or designee, however, no request will be unreasonably denied. F. Emergency Leave - Employees shall be granted emergency leave as necessary, subject to the approval of the Fire Chief or designee, and such approval shall not be unreasonably denied. Once granted, emergency leave shall be charged as actual time used in quarter- hour increments. If the reason for the absence is a qualified use of sick leave, emergency leave shall be charged to the employee’s sick leave allotment. If not, the absence shall be charged to compensatory time and finally to vacation time. Page 22 of 63 {00488587.1 1823-9704441} G. Vacation time may be taken in a minimum of two (2) hours and thereafter hour for hour. 3. 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 their vacation with pay if incapacitated due to an injury or illness incurred in the line o f duty. The vacation time shall be reassigned upon return to duty. 4. If employment is terminated by death, the estate of the employee shall receive payment for the earned vacation days. 5. Vacation days shall be credited and reported per pay period, to indicate hours accrued less hours taken, reflecting net vacation hours available per pay period. 6. The maximum number of vacation days an employee may accrue is the unused days 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 days of vacation accrued during the two year period prior to termination, retirement or death. Vacation leave days will be converted to eight (8) hour days before pay out. 7. An employee who has used ten (10) days of vacation time in a fiscal year may request reimbursement for any unused vacation days above the ten (10) days used. Employees requesting reimbursement must do so, in writing on a form approved by the Human Resources Director or designee, during the month of October immediately following the fiscal year in which the ten (10) vacation days 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 ten (10) vacation days were used. The employee will be required to sign a certification/affidavit confirming that the reimbursement for the annual vacation leave days/hours is final and will not be subject to the grievance process.” Page 23 of 63 {00488587.1 1823-9704441} ARTICLE 15 PAID HOLIDAYS 1. The following days shall be considered paid holidays and all employees will receive eight (8) hours of straight time pay. All official holidays shall be considered to commence at the beginning of the first shift on the day of the holiday and continue for twenty-four (24) hours thereafter. New Year's Day Martin Luther King 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. For all hours worked on any of the above-named holidays the employee will be paid a premium rate of pay of 1 ½ times the employee’s base rate of pay. Page 24 of 63 {00488587.1 1823-9704441} 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 invo lving the interpretation or application of this Agreement. A dispute over disciplinary action shall be considered an appeal of disciplinary action unless otherwise grievable. If the dispute is not covered by the grievance procedure as set forth in the Agreement then the dispute shall be processed as set forth in 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 representati ve of the UNION, 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, on a form approved by the VILLAGE. 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 their 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 rise to the alleged grievances; and (d) the relief requested. The formal grievance shall be submitted to the Fire Chief or designee. The Fire Chief shall, within ten (10) calendar days after the receipt of the formal written grievance, render a decision on the grievance in Page 25 of 63 {00488587.1 1823-9704441} writing. The Chief shall reply in writing within ten (10) calendar days of receipt of the grievance. Failure by the 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 Fire 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 a decision 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 UNION 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 UNION representative on their behalf. 5. In the event a grievance processed through the grievance procedure has not been resolved at Step 3 above, the UNION 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 said impartial arbitrator, the party seeking the appointment of an arbitrat or shall, within five (5) days, request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from 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 the grievance. The employee must either accept or reject the disposition of the grievance, in its entirety. Thus, for example, if any employee grieves a termination, and is ordered reinstated Page 26 of 63 {00488587.1 1823-9704441} 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. Their only choices would be to accept the disposition of the grievance, or 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 whethe r 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 UNION 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 the 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 defined in this Article, except to the extent as specifically pro vided herein or expressly agreed to by the parties. 10. The arbitrator may not issue declaratory opinions and shall confine himself/herself exclusively to the question(s) presented to him, 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 , court reporting and transcript costs/fees (if ordered by either party or requested by the arbitrator- transcript cost means the total cost of three copies), and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. 12. The arbitrator's award shall be final and binding on the parties subject only to challenge as set forth in Revised Florida Arbitration Code. 13. For the first three hundred sixty-five (365) days of consecutive service with the VILLAGE, an employee is probationary. That is, the employee serves at the will and pleasure of the VILLAGE Page 27 of 63 {00488587.1 1823-9704441} and thus may be disciplined or discharge without explanation or for any reason deemed sufficient by the appropriate Village official. Accordingly, probationary employees shall have no right to utilize this grievance/arbitration procedure for any matter concerning discharge, suspension or other discipline. 14. The Union representative will be furnished with a copy of each grievance filed by an employee within the bargaining unit. 15. Employees may request to have a Union representative present at any step of the grievance procedure. 16. The UNION will not be required to process the grievance of non-members. The UNION will not be responsible for grievances proceeding to arbitration without being first notified by the VILLAGE in writing (and with a copy of the grievance) by the VILLAG E in a timely manner. The Union representative will have their name, address and all contact numbers on file with the VILLAGE. 17. The parties agree that 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. 18. 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. 19. If the VILLAGE does not agree that the matter is arbitrable, notification sh all be sent to the UNION of such within ten (10) days of receipt of the Union’s request to proceed to arbitration. The parties agree that 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 days of receipt of the parties' submissions. Page 28 of 63 {00488587.1 1823-9704441} 20. Whichever party loses on the issue of arbitrability shall pay the costs involved in that proceeding. 21. 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. Page 29 of 63 {00488587.1 1823-9704441} ARTICLE 17 DISCIPLINARY APPEALS 1. Appeals of disciplinary action shall be handled as follows: 2. An employee who wishes to challenge any disciplinary action, shall file a notice of appeal to the Fire Chief within ten (10) calendar days of notice of the disciplinary action. When an employee has received a written counseling, the employee may, within 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. 3. Upon receipt of a notice of appeal, the Fire Chief or 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 Fire Chief to respond within ten (10) calendar days shall constitute a determination that the discipline is sustained. 4. An employee who is not satisfied with the Fire 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. 5. The UNION may appeal a discipline greater than a written reprimand 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. 6. No employee shall be subject to discipline of any type without just cause. No employee shall be subject to a suspension without pay or a termination without first being afforded a pre- determination conference with the Village Manager or designee. No pre-determination conference shall be conducted with less than ten (10) calendar days notice to the employee. Page 30 of 63 {00488587.1 1823-9704441} ARTICLE 18 UNION ACTIVITIES 1. An employee shall have the right to join or not join the UNION, to engage in lawful concerted activity for the purpose of collective bargaining or other mutual aid or protection, to express or communicate any view, grievance, complaint or opinion relating to conditions of employment or compensation, through duly appointed UNION representation, all actions to be free from any and all restraint, coercion, discrimination or reprisal by the VILLAGE or the UNION. 2. Union officials and/or members, no more than two (2), 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 UNION during working hours. The VILLAGE, in its discretion, may stop the use of such time off 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 sh all it allow the VILLAGE to proceed in a manner which deprives the employee of their right of representation. A UNION 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 Union representatives. 5. Union representatives shall be permitted to wear Union insignia while on duty. Said insignia shall be approved by the Fire Chief or designee. 6. There shall be created a pool of time to be known as Union Time Pool. Each employee wh o is a member of the UNION shall contribute six (6) hours of straight time to the Union Time Pool through a deduction of six (6) hours off of the eight (8) hours of holiday pay received for the New Year’s Day holiday. The Union Time Pool may be used for Union business upon approval by the Union President or their designee. Employees utilizing Union Time Pool shall be released from duty on Union Time Pool only if the establis hed needs of the Department regarding the provision Page 31 of 63 {00488587.1 1823-9704441} of emergency services are met and with approval of the Fire Chief, which shall not be unreasonably denied. Union Time Pool will be used and charged on an hour for hour basis. 7. Salary and overtime pay, if any, incurred in replacing the Union representative(s) on authorized union leave shall be deducted from the Union Leave Account so there is no cost incurred by the Village when union leave is authorized. Authorization for Union leave shall be limited by the amount available in the Union Leave Account. Page 32 of 63 {00488587.1 1823-9704441} 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 UNION no less than fourteen (14) days prior to implementation. 2. A request for bargaining regarding any rule change must be received within seven (7) days after notification to the UNION by the VILLAGE of the implementation of a rule change. Page 33 of 63 {00488587.1 1823-9704441} ARTICLE 20 BULLETIN BOARD 1. The UNION will provide a serviceable bulletin board for its use. All materials posted must be signed by an official of the UNION. The VILLAGE agrees to furnish space for the bulletin board. 2. Bulletins shall contain nothing derogatory relating to the VILLAGE, its elected officials or supervisory personnel. Page 34 of 63 {00488587.1 1823-9704441} ARTICLE 21 SCHEDULED HOURS - OVERTIME PAY 1. The average workweek for twenty-four (24) hour shift employees shall be forty-eight (48) hours, with twenty-four (24) hours on duty and forty-eight (48) hours off duty, with an additional shift off (Kelly Day) after every seventh (7th) shift. The FLSA work period for shift employees is twenty -one (21) days. 2. Kelly Days will be selected annually prior to first round vacation selections. Such selections shall be implemented beginning with the first full twenty-one (21) day work cycle in January of each year. For all employees, the selection of Kelly Days shall be determined by shift based on seniority as defined in Article 13 of this Agreement. The Fire Chief shall have the authority to determine the number of employees allowed off on Kelly Day for each day of the twenty -one (21) day work cycle so long as each employee has one Kelly Day off every seventh (7th) shift. Kelley day selections shall remain unchanged until implementation of the selection for in each new year. 3. Kelly Days may be exchanged regardless of Kelly Day cycles on a permanent or temporary basis by two mutually agreeable employees in accordance with Section 10 of this Article. A Kelly Day may be exchanged for a vacant Kelly Day slot provided that the exchange is made in the same twenty - one (21) day work cycle and in accordance with Section 10 of this Article. 4. If an employee requests a transfer or accepts a promotion or assignment into a new classification, the employee’s selection of Kelly Day shall be based on the remaining days available on the new shift or in the new assignment to which the employee is to be transferred. 5. If an employee is to be transferred to a different shift by the VILLAGE, the VILLAGE shall first request that employees voluntarily switch shifts or Kelly Days. If within thirty (30) days of that request by the VILLAGE no employee has volunteered to switch shifts or Kelly Days, the VILLAGE may, if necessary, switch the Kelly Day of the employee(s) being moved from one shift to another. At the time the Village makes its request for volunteers to switch shifts or Kelly Days, the employee that will have their shift or Kelly Day changed if no other employee volunteers to make the switch shall be notified that they are the one that will be moved if there are no volunteers. 6. If a problem arises in the implementation of this Article, the UNION and the VILLAGE shall meet to resolve the problem by mutual agreement. Page 35 of 63 {00488587.1 1823-9704441} 7. The procedures for paying overtime for time worked outside of an employee’s normally scheduled work week which are in effect at the time of this Agreement shall be maintained as the status quo except that the FLSA work period for shift employees is now twenty-one (21) days. An employee may be asked to work on their Kelly Day. An employee asked to work on their Kelly Day shall have the right to refuse such a request. Any employee who works on their Kelly Day shall be paid at the rate of time and one-half (½) of the employee’s straight time pay for all hours worked. 8. For purposes of computing overtime pay, all authorized paid leave, except sick -leave, shall be considered time worked. 9. Employees assigned to "standby" will be paid a minimum of one (1) hour's pay per "standby shift". In the event an employee is "called back", the employee shall receive a minimum of two (2) hours pay. "Standby" and "call back" time relate to either fire duty or emergency duty. 10. Employees may exchange hours subject to the approval of the Fire Chief or designee, providing such exchanges do not result in overtime. 11. The VILLAGE retains the right to make changes in schedules when extenuating circumstances such as hurricanes or other states of emergencies dictate. 12. When the Department requires overtime work to fill a vacancy, the overtime assignment shall be offered using an overtime rotation file. Employee names cards shall initially be filed in order of seniority with the Fire Department, after the first use to fill an overtime assignment the cards shall be rotated as follows: The cards shall be called in order of placement in the file starting with the first employee qualified to work the overtime assignment. If the call is answered by voicemail and the overtime assignment to be filled was created less than sixty (60) hours prior to the start of the shift on which the overtime assignment will be worked then a message shall be left stating they are being called for overtime and they have three (3) minu tes (from the current time) to reply. If the overtime assignment to be filled was created sixty (60) or more hours prior to the start of the shift on which the overtime assignment will be worked, they shall have five (5) minutes (from the current time) to reply. If they have not replied within the time frame established herein, they are treated as a turn down, their card is marked as such and moved to the back of the file; the next card is called and this sequence is repeated until an answer or callback is received. The first qualified person to answer/callback shall be informed of the overtime assignment; if they turn down the overtime, they shall be informed that they will be ordered in if no other employee called accepts the overtime. Calls will continue until a qualified employee accepts the overtime Page 36 of 63 {00488587.1 1823-9704441} assignment or the file has rotated back to the first qualified person to answer who will then be ordered in to work the overtime assignment. Employees already scheduled to work on the shift requiring overtime shall not be subject to call and their cards shall not be moved in this rotation. Overtime assignments of less than eight (8) hours in duration shall not cause file cards to move in rotation. Qualified employees shall include any employee who currently holds the rank of the positions to be filled, previously held the rank of the position to be filled , is currently on the promotional list for rank of the position to be filled, or is on the step -up list for the rank of the position to be filled. 13. Overtime assignments which are less than eight (8) hours in duration and commence at the beginning of a shift shall be offered to qualified employees of the off going shift in order of seniority. If no off going employee accepts the overtime assignment, the least senior employee from the off going shift shall be ordered to work the overtime assignment. 14. Employees on workers’ compensation, FMLA, or medically assigned light duty will not be called for overtime assignments, their position in order of rotation shall be held until they return to work at full duty. 15. Newly hired employees shall serve six (6) months of their probationary period and pass FTO before being eligible to accept an overtime assignment. On their six month anniversary an overtime rotation card for the new employee shall be added to the file, placed at the back of the file. 16. No employee shall be allowed to accept an overtime assignment which would cause them to work more than forty-eight (48) hours in a row without a minimum twelve (12) hour break between periods of work. 17. When, as a result of severe weather such as tropical rain or wind storms, a state of emergency that includes the Village is declared by the Village Manager or the Village Council (taking into consider like declarations by Palm Beach County, or State of Florida) and the Village modifies its operations such that non-essential employees are not required to report for work, hourly compensation rates for bargaining unit employees will be adjusted as follows: A. Employees working a regularly assigned shift will be paid 2.0 times their regular hourly rate during the declared period of emergency. Page 37 of 63 {00488587.1 1823-9704441} B. Employees who are held over will be paid 2.0 times their regular rate of pay until released from the hold over. C. Employees called back to work will be paid three hours of straight time plus 2.0 times their regular hourly rate for all hours worked during the declared period of emergency. D. Employees placed on standby will be paid 1.0 times their regular rate of pay per hour for each hour of standby. Page 38 of 63 {00488587.1 1823-9704441} ARTICLE 22 FIRE RESCUE CONTINUING EDUCATION 1. Employees covered by the collective bargaining agreement shall be eligible for tuition reimbursement in accordance with the VILLAGE’S Higher Education and Assistance Program as provided in Section 11.02 of the VILLAGE’S Personnel Rules and Regulations. 2. Education or degree seeking courses, classes, or programs shall be eligible for tuition reimbursement in accordance with the Village Education Reimbursement Policy in effect on 10/1/2021. Page 39 of 63 {00488587.1 1823-9704441} ARTICLE 23 TEMPORARY APPOINTMENTS 1. An employee who is required to temporarily accept responsibility and carry out the duties of a rank higher than which the employee 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. In the ev ent an employee is required to temporarily accept responsibility and carry out the duties of a rank which is more than one rank higher than that which the employee normally holds, the employee shall receive five percent (5%) for each rank above their normal rank, e.g., a Firefighter/Paramedic temporarily assigned to work as Fire Captain shall receive ten percent (10%). 2. If a Captain or driver is called in for overtime because of vacancies on that shift they will automatically fill in for an absent Captain and/or driver before going to the stepping up process. 3. When an employee assigned to a rank which carries a rate of pay higher than the permanent rate of the assignee suffers an injury, illness, or death incurred while in the performance of service compensation and benefits will be calculated at the level of payment for employee’s permanent rank. 4. Should an employee in a promoted position (Driver Engineer or Captain) be absent for any reason, the position shall be filled by the employee on duty that shift who holds the highest position on the promotion list for the classification in which the vacancy exists. Should no employee on the promotion list for that classification be working that shift, the vacancy shall be filled using the highest positioned employee on the step-up list for the position in which the vacancy exists who is working that shift. If there are no employees from the step-up list available, the vacancy will be filled by an overtime callout in accordance with Article 21. For vacancies in the rank of Captain, if there are no employees available for step-up in accordance with the procedures above, the Driver Engineer shall be stepped up to Captain unless negated by Section 6 below. 5. Following ratification of this Agreement, the step-up list for each promoted position shall be populated by all employees eligible to participate in a promotional exam for that position in order of seniority with the most senior employee being first on the list. When an employee later becomes eligible to be included on one of the two step-up lists, the employee shall be added to list in the appropriate position based on seniority. Page 40 of 63 {00488587.1 1823-9704441} 6. If overtime is required to fill out the shift and the person accepting the overtime holds a rank that has been filled by a step-up, that employee shall automatically fill that position, negating the process above. Page 41 of 63 {00488587.1 1823-9704441} ARTICLE 24 MEDICAL EXAMINATIONS 1. Medical examinations shall be voluntary, except post-job offer medical evaluations for the job classification. In those situations where the VILLAGE requires a medical examination, the entire costs shall be borne by the VILLAGE. The VILLAGE agrees to provide those vaccinations and examinations required by Section 112.18 and Section 112.181, Florida Statutes. 2. The foregoing shall not be construed to prohibit the VILLAGE from ordering 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 Fire 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; B. A significant deterioration in work performance; or C. Excessive use of sick time. 3. Presumption: The VILLAGE agrees that any condition or impairment of health of any employee caused by tuberculosis, heart disease, hypertension, hepatitis, or meningococcal meningitis resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary is shown by competent evidence. 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 F. Heavy Metals Page 42 of 63 {00488587.1 1823-9704441} 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. 6. To the extent any vaccination, immunization, or other prophylaxis may be required to perfect a claim for a presumption under Section 112.181(3), Florida Statutes, such shall be required by the Village. Page 43 of 63 {00488587.1 1823-9704441} ARTICLE 25 UNIFORM AND CLOTHING ALLOWANCE 1. A sixty ($60.00) 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. 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 o ne hundred ($100.00) dollars per item. 4. A shoe allowance of up to one hundred-five ($125.00) dollars per year shall be paid to all bargaining unit members during the first pay period in October. 5. The Village shall supply Department personnel with the follo wing uniforms and equipment upon initial employment with the Village: 1 - Class A uniform badge 1 - Set of station keys (SM and ED key) 1 - Department ID 1 - Station swipe card 1 - Class A dress shirt with specialty patches and department patch* 1 - Class A dress tie* 1 - Class A dress pants* 1 - Class A pair of shoes* 1 - Class A dress jacket* 1 - Class A dress hat* 1 - Uniform Job Shirt 3 - Uniform pair of EMS pants 3 - Uniform polo style short sleeve shirts with rank and name on front 1 - Station EMS pants belt 1 - Ball cap with name on back 1 - Lightweight waterproof shell winter/windbreaker jacket with reflective tape 1 - Set of rain gear 2 - Pair of station gym shorts Page 44 of 63 {00488587.1 1823-9704441} 3 - Station short sleeve t-shirts 2 - Station long sleeve t-shirts 1 - Long sleeve sweat shirt * Class A uniform will be supplied upon completion of a newly hired employee’s probationary period. 6. Replacements may be acquired on an as-needed basis through an employee’s Captain each fiscal year. Annual boot allowance will continue to be issued in October of each year consistent with Section 4 above. Page 45 of 63 {00488587.1 1823-9704441} ARTICLE 26 VEHICLES AND EQUIPMENT 1. Vehicle Maintenance. Each employee assigned to a Village vehicle shall keep the vehicle free from litter and return the vehicle at the end of their shift in the same condition as when the employee received it, subject only to mechanical defects or damage, or soiling of the vehicle not caused by the employee. It shall be the vehicle operator’s responsibility to r eport all damage, mechanical problems or operational problems detected, or which could be detected with reasonable diligence. If the employee believes the assigned vehicle is unsafe, it shall be reported to the Captain. If the Captain agrees that the vehicle is unsafe, it shall not be placed in service until it is made safe. Fire vehicles will be washed and sanitized as necessary. 2. Use of Private Automobile. 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 rate established by the VILLAGE for all Village employees. 3. Portable Radios. Employees will be provided with two-way portable radios while on shift. Page 46 of 63 {00488587.1 1823-9704441} ARTICLE 27 PERSONNEL FILES - COMPLAINTS 1. The VILLAGE agrees that no disciplinary action shall be taken against a bargaining unit member without due process. Anonymous complaints may trigger an investigation, but an anonymous complaint alone may not be the basis of disciplinary action. 2. No employee will be required to write a report to the Fire Chief or any other supervisory officer on any complaint by a person or persons in or outside the Department against said employee unless and until the complainant(s) submit(s) said complaint in writing and signs same. 3. Prior to any report in writing being submitted, the subject employee shall be furnished a copy of the signed complaint. Any form of documented disciplinary action shall be signed by t he employee, which signature shall indicate that the employee has received a copy of the form but shall not indicate that the employee agrees with the discipline. If an employee refuses to sign, the document shall be notated to reflect the refusal. The employee shall receive a copy of the documented disciplinary action. 4. If a complaint is brought and the employee is adjudicated as being unfounded, then the complaint and the charge shall be plainly and clearly marked as unfounded in all the personnel folders of the subject employee. Page 47 of 63 {00488587.1 1823-9704441} ARTICLE 28 PROCEDURAL RIGHTS 1. Any employee under investigation and subject to interrogation by the Village or an outside agency subject to the direction and control of the VILLAGE which may result in disciplinary action, demotion, dismissal and/or criminal charges being filed; then, under such circumstances, the interrogation shall be conducted as follows: A. Interrogations will normally be conducted during the employee’s scheduled duty time, unless immediate action is imperative. B. Interrogation will be conducted at Fire Rescue Department headquarters. C. The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all person s present during the interrogation. All questions directed to the employee under the interrogation shall be asked by and through one (1) interrogator at any one (1) time. D. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and shall be informed of the names of all complainants. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. F. The employee under interrogation shall not be subject to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to answering any questions. G. The formal interrogation of the employee, including all recess periods, shall be recorded and there shall be no unrecorded questions or statement. H. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogations, the employee shall be completely informed of all of their rights prior to the commencement of the interrogation. I. At the request of any employee under investigation, the employee shall have the right to be represented by counsel or any other representative of their choice who shall be present at Page 48 of 63 {00488587.1 1823-9704441} all times during such interrogation wherever the interrogation relates to the employee’s continued fitness for service. J. Representation on complaint review boards: A Complaint review board shall be composed of three (3) members: one (1) member selected by the Fire Chief; one (1) member selected by the aggrieved employee; and the third (3rd) member selected by the other two (2) members. The board members shall be employees selected from any state, county, or municipal agency within the county. K. Civil suits brought by employees: Every employee shall have the right to bring civil suit against any person, group of persons, organization or corporation or the heads of such organizations or corporations for damages, either pecuniary or otherwise, suffered during the performance of the employee’s official duties or for abridgement of the employee’s civil rights arising out of the employee’s performance of official duties. L. Notice of disciplinary action: No dismissal, demotion, transfer, reassi gnment, or other personnel action which might result in the loss of pay or benefits or which might otherwise be considered a punitive measure shall be taken against any employee, unless such reason or reasons therefore are communicated to the employee in writing prior to the effective date of such action. M. Retaliation for exercising rights: No employee shall be discharged, disciplined, demoted, or denied promotion, transfer or reassignment, or otherwise be discriminated against in regard to their employment or be threatened with any such treatment by reason of their exercise of the rights granted by this act. N. A copy of the complaint, whether recorded in writing or by other means, will be give n to the employee at least two (2) hours prior to interrogation unless waived by the Fire Chief or designee and the employee. Written complaints must be signed by the party or parties alleging a violation. O. An employee under investigation cannot be compelled to submit to a polygraph test or any other “truth measuring” device. Page 49 of 63 {00488587.1 1823-9704441} ARTICLE 29 WAGES 1. Employee compensation adjustments will be based on an employee’s performance evaluation. 2. The pay ranges for bargaining unit positions as of the first payroll period beginning on or after October 1, 2021, shall be as provided in Addendum A to this Agreement. The pay ranges as of the first payroll periods beginning on or after October 1, 2022, and October 1, 2023, are contained in Addendum B and Addendum C, respectively. 3. Effective with the first full payroll period following ratification, each employee shall be slotted into the pay schedule attached as Addendum A at the step identified for each employee in Addendum D, which slots employees at the first step providing an increase in the employee’s current annual pay. Thereafter, each employee shall advance one step in the pay schedule on April 1 of each year until the employee reaches the top step for their classification. Employees hired by the Village within a ninety (90) day window prior to April 1 shall not rece ive their first step increase until April 1 of the following year. 4. Performance evaluations cannot be grieved as they represent the exercise of managerial discretion. If an employee believes their evaluation was the result of discriminatory or personal bias on the part of their supervisor, the employee may request review by the Human Resource Director. If evidence of bias is found, the Human Resource Director in consultation with the Village Manager may adjust the evaluation score. 5. A step increase is contingent upon receipt of a “successful level I” or higher performance evaluation. A bargaining unit member who receives a performance evaluation rating of “Below Standards” or “Development Required” shall have a counseling session with supervisory personnel and be provided with performance improvement goals. A member shall not receive the step increase until performance reaches a “Successful Level I” rating. The member will be re-evaluated Page 50 of 63 {00488587.1 1823-9704441} ninety (90) days following the counseling session. If a performance rating of “Successful Level I” or better is received, the member will then receive the step increase the member should have received on the anniversary of their date of hire or date of promotion, effective the date of the successful evaluation. If after 90 days the member still has not received a performance rating of “Successful Level I” or better, the member will have an additional counseling session with supervisory personnel and will be provided with an additional set of performance goals. The member will then again be evaluated ninety (90) days following this additional counseling session. If the member then receives a rating of “Successful Level I” or better, their personnel file will be so noted but the member will not receive a step increase at that time. If after this second 90 day period the member still has not received a performance rating of “Successful Level I” or better, the member is subject to a non-disciplinary non-appealable performance based termination of employment. 6. Employees assigned by the Fire Chief or designee to serve as an EMS Field Training Officer will receive assignment pay of five percent (5%) above their base hourly rate of pay. One employee per shift shall be designated as the EMS Field Training Officer. When that employee is absent from work, the Fire Chief or designee, shall assign another employee to act as the EMS Field Training Officer for the shift on which the regular EMS Field Training Officer is absent. An EMS Field Training Officer shall provide the services outlined for the position in Department Administrative SOG 3, Company Position Descriptions. The EMS Field Training Officer shall be selected from among those who employees who satisfy the following criteria: has completed at least three (3) years of service with this Department as a protocoled paramedic, has had no disciplinary action against him or her which resulted in a demotion or suspension from employment of twenty four (24) hours or more within the twelve months preceding the announced closing date of selection, and passed the most recent paramedic protocol test with a score of 80% or higher. 7. All employees shall have their regular paychecks electronically deposited biweekly into the employee’s choice of banking, savings and loan, or credit union institutions. Employees Page 51 of 63 {00488587.1 1823-9704441} participating in the direct deposit program will continue to receive from t he VILLAGE electronic pay stubs. Page 52 of 63 {00488587.1 1823-9704441} ARTICLE 31 TRAINING 1. In keeping with the ever increasing requirements to maintain certification and the skills necessary to perform Fire/Rescue functions, it is agreed that any employee who attends training as required by the Department or Village for Fire/Rescue functions will receive pay at a rate of one and one half regular pay if the training time is above and beyond the employee’s normal work week. If the employee fails to complete a full work week, pay for firefigh ter training will be received at regular rate of pay. Fire Inspector re-certification training shall be provided for by the Department. 2. The VILLAGE agrees to provide one week's advance notice for any training scheduled for weekends. Page 53 of 63 {00488587.1 1823-9704441} ARTICLE 32 PROBATIONARY EMPLOYEES 1. All new employees shall be designated as probationary employees for one (1) year fro m the latter of their date of graduation the fire academy their date of employment with the Village. 2. Promoted employees will serve a six (6) month probationary period. A promoted employee who fails probation will be returned to their previous position. 3. 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. 4. Upon the satisfactory completion of the probationary period the employee shall attain regular status. Page 54 of 63 {00488587.1 1823-9704441} ARTICLE 33 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 1. The VILLAGE and the UNION 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. The VILLAGE and the UNION agree that 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, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed 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. Page 55 of 63 {00488587.1 1823-9704441} ARTICLE 34 PROMOTIONS 1. Employees in the classification of Firefighter/EMT or Driver Engineer/EMT who are or become certified by the state of Florida as a Paramedic and who are or become released/protocoled by the Medical Director to act as a Paramedic shall be promoted from the rank of Firefighter/EMT to the rank of Firefighter/Paramedic or from Driver Engineer/EMT to Driver Engineer/Paramedic. 2. Vacancies in the classifications of Captain and Driver Engineer shall be filled in accordance with the promotional process outlined herein. The promotional process will begin once a position becomes vacant or is expected to be vacated. The promotional announcement, as well as the job description and qualifications for the vacant position, will be posted by the Fire Rescue Administration Office. All qualified persons must submit their intent to be considered for the promotion in writing to the chief’s office within the time frame outlined in the announcement. 3. Employees will be given notice, posted on the work location bulletin board(s) and by e-mail, at least ninety (90) days in advance of a target promotional examination date. The testing will commence no sooner than ninety (90) days after and no later than one hundred twenty (120) days after the notice. Source materials from which the examination will be drawn shall be given in writing concurrent with the notice of the promotional exam and shall be in print or otherwise obtainable at the candidates’ expense. 4. No employee shall be permitted to apply for a promotional examination after the announced closing date. ELIGIBILITY CRITERIA 5. Employees who apply for the promotional process must have the prerequisites as of the closing date for the written examination. 6. In order to be eligible to participate in the promotional process, a candidate must not have had any disciplinary action against him or her which resulted in a demotion or suspension from employment of twenty four (24) hours or more within the twelve months preceding the announced closing date. 7. In order to participate in a promotional process for the rank of Captain, an employee must satisfy the following criteria as of the announced closing date: Page 56 of 63 {00488587.1 1823-9704441} (i) Five (5) or more complete years of service in this Department. (ii) Successful completion of FFP 1301 Fire Hydraulics, FFP 1302 Fire Appa ratus and Equipment, , and certification as Fire Officer I or completion of all classes required to be certified as Fire Officer I. The Fire Chief and the Union President may agree to modify these requirements so long as any such modification is agreed to prior to the announcement of the promotional examination and is clearly indicated in such announcement. (iii) Current EMT or Paramedic certification. (iv) Current and valid State of Florida issued Class E drivers license. 8. In order to participate in the promotional process for the rank of Driver Engineer, an employee must satisfy the following criteria as of the announced closing date: (i) Three (3) or more complete years of service in this Department. (ii) Successful completion of FFP 1301 Fire Hydraulics, FFP 1302 Fire Apparatus and Equipment, BFST/ATFC 703 Aerial Apparatus Operator and FFP 2810 Company Officer and Leadership. The Fire Chief and the Union President may agree to modify these requirements so long as any such modification is agreed to prior to th e announcement of the promotional examination and is clearly indicated in such announcement. (iii) Current EMT or Paramedic certification. (iv) Current and valid State of Florida issued Class E drivers license. 9. The promotional processes for the ranks of Captain and Driver Engineer shall include a written examination and a practical skills assessment. Candidates must pass the written examination with a score of at least 70% in order to be eligible to participate in the practical skills assessment. Candidates must pass the practical skills assessment with a score of at least 70% in order to eligible for promotion. Placement on the promotional eligibility list will be based upon the weighted average of a candidate’s score on the written examination and the practical skills assessment. The written examination shall constitute 30%, and the practical skills assessment shall Page 57 of 63 {00488587.1 1823-9704441} constitute 70%, of such weighted average. In the event of a tie in the overall score of two o f more candidates, the tied candidates shall be ranked in order of their scores on the practical skills assessment portion of the promotional process. If a tie still exists, the tie shall be broken by seniority. 10. Upon promotion, an employee shall be slott ed at the first step providing at least a 5% increase in their pre-promotion base rate of pay. If an employee is promoting up two or more ranks, then the employee shall be slotted at the first step providing at least a 10% increase in their pre -promotion base rate of pay. 11. The content of the written examination shall be determined by job task analysis and shall include questions from the source materials identified in the posted announcement. The practical skills assessment shall be the same for all examinees and consist of two (2) component parts: operations and administrative functions. The practical skills assessment shall be graded by three (3) examiners appointed by the VILLAGE who are not employed by the VILLAGE. 12. Promotional lists shall remain in effect for three (3) years from the date the promotional list is established or until there are no names remaining on the promotional list, whichever occurs first. If, at the time a promotional list is set to expire, there are no employees who are both eligible to participate, and have indicated that they will participate, in a promotional process (after being notified of their eligibility and asked whether or not they would sit for an exam), the list shall be extended one additional year. This process can then be repeated one additional time at the conclusion of that extension such that the possible lifespan of a list is five (5) years. 13. Selection for promotion from the promotional list shall be made by the Fire Chief utilizing a Rule of Three, i.e., the Fire Chief may select from among the then current top three (3) candidates on the promotional list. A candidate may refuse an assignment one (1) time without jeopardizing their standing on the promotional list. A second refusal will result in removal from the promotional list. Any candidate bypassed for selection in favor of a lower ranking candidate on the promotional list shall be counseled, at the request of the bypassed candidate, as to the reason the candidate was not selected for promotion. Page 58 of 63 {00488587.1 1823-9704441} ARTICLE 35 DURATION 1. This Agreement shall be for a three (3) year term Commencing October 1, 20 21 and ending September 30, 2024. The parties will commence negotiations for a successor agreement by June 1, 2024. 2. Employee compensation and movement in the step plan will be frozen on September 30, 2024 (except increases resulting from assignment or promotion). Subsequent salary increases and movement in the step plan or other adjustments to base wages (except increases resulting from assignment or promotion will be as provided in a subsequent collective bargaining agreement. Page 59 of 63 {00488587.1 1823-9704441} APPROVAL/SIGNATURE PAGE Pursuant to Florida Statute 447.309, the VILLAGE's Chief Executive Officer and the UNION's Bargaining Agent hereby confirm that the foregoing represents the Collective Bargaining Agreement for 2018- 2021 reached by the negotiators through collective bargaining. This Agreement shall not be binding on the Village of North Palm Beach until it has been ratified by the Village Council and by the employees who are members of the bargaining unit. THE VILLAGE OF NORTH PALM BEACH _____________________________ Andy Lukasik, Village Manager PROFESSIONAL FIREFIGHTERS / PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. ____________________________ Angelo D’Ariano, Secretary-Treasurer ____________________________ Victor Gonzalez District Vice President 12 Ratified by the Village Council of Village of North Palm Beach on the ______ day of _______________, 2021. Ratified by employees in the bargaining unit on the ______ day of _______________, 2022. Page 60 of 63 {00488587.1 1823-9704441} ADDENDUM Addendum A Pay Schedule for 2021-2022 Firefighter/Paramedic Driver Engineer/EMT Driver Engineer/Paramedic Step Base Pay Step Base Pay Step Base Pay 1 $58,868.76 1 $59,898.37 1 $63,829.66 2 $60,929.16 2 $61,994.82 2 $66,063.70 3 $63,061.68 3 $64,164.63 3 $68,375.93 4 $65,268.84 4 $66,410.40 4 $70,769.09 5 $67,553.25 5 $68,734.76 5 $73,246.01 6 $69,917.62 6 $71,140.48 6 $75,809.62 7 $72,364.73 7 $73,630.39 7 $78,462.95 8 $74,897.50 8 $76,207.46 8 $81,209.16 9 $77,518.91 9 $78,874.72 9 $84,051.48 10 $80,232.07 10 $81,635.33 10 $86,993.28 11 $83,040.20 11 $84,492.57 11 $90,038.04 12 $85,946.60 12 $87,449.81 12 $93,189.37 13 $88,954.73 13 $90,510.55 13 $96,451.00 14 $92,068.15 14 $93,678.42 14 $99,826.79 15 $95,290.53 15 $96,957.17 15 $103,320.72 Captain Step Base Pay 1 $75,214.20 2 $77,846.70 3 $80,571.33 4 $83,391.33 5 $86,310.02 6 $89,330.87 7 $92,457.46 8 $95,693.47 9 $99,042.74 10 $102,509.23 11 $106,097.06 12 $109,810.45 13 $113,653.82 14 $117,631.70 15 $121,748.81 Page 61 of 63 {00488587.1 1823-9704441} Addendum B Pay Schedule for 2022-2023 Firefighter/Paramedic Driver Engineer/EMT Driver Engineer/Paramedic Step Base Pay Step Base Pay Step Base Pay 1 $61,223.51 1 $62,294.31 1 $66,382.85 2 $63,366.33 2 $64,474.61 2 $68,706.25 3 $65,584.15 3 $66,731.22 3 $71,110.97 4 $67,879.60 4 $69,066.81 4 $73,599.85 5 $70,255.38 5 $71,484.15 5 $76,175.85 6 $72,714.32 6 $73,986.10 6 $78,842.00 7 $75,259.32 7 $76,575.61 7 $81,601.47 8 $77,893.40 8 $79,255.76 8 $84,457.52 9 $80,619.67 9 $82,029.71 9 $87,413.53 10 $83,441.36 10 $84,900.75 10 $90,473.01 11 $86,361.80 11 $87,872.27 11 $93,639.56 12 $89,384.47 12 $90,947.80 12 $96,916.95 13 $92,512.92 13 $94,130.98 13 $100,309.04 14 $95,750.88 14 $97,425.56 14 $103,819.86 15 $99,102.16 15 $100,835.45 15 $107,453.55 Captain Step Base Pay 1 $78,222.77 2 $80,960.56 3 $83,794.18 4 $86,726.98 5 $89,762.42 6 $92,904.11 7 $96,155.75 8 $99,521.20 9 $103,004.45 10 $106,609.60 11 $110,340.94 12 $114,202.87 13 $118,199.97 14 $122,336.97 15 $126,618.77 Page 62 of 63 {00488587.1 1823-9704441} Addendum C Pay Schedule for 2023-2024 Firefighter/Paramedic Driver Engineer/EMT Driver Engineer/Paramedic Step Base Pay Step Base Pay Step Base Pay 1 $63,672.45 1 $64,786.08 1 $69,038.16 2 $65,900.98 2 $67,053.59 2 $71,454.50 3 $68,207.52 3 $69,400.47 3 $73,955.41 4 $70,594.78 4 $71,829.49 4 $76,543.84 5 $73,065.60 5 $74,343.52 5 $79,222.88 6 $75,622.89 6 $76,945.54 6 $81,995.68 7 $78,269.70 7 $79,638.63 7 $84,865.53 8 $81,009.13 8 $82,425.99 8 $87,835.82 9 $83,844.45 9 $85,310.90 9 $90,910.08 10 $86,779.01 10 $88,296.78 10 $94,091.93 11 $89,816.28 11 $91,387.16 11 $97,385.15 12 $92,959.85 12 $94,585.71 12 $100,793.63 13 $96,213.44 13 $97,896.21 13 $104,321.40 14 $99,580.91 14 $101,322.58 14 $107,972.65 15 $103,066.24 15 $104,868.87 15 $111,751.70 Captain Step Base Pay 1 $81,351.68 2 $84,198.99 3 $87,145.95 4 $90,196.06 5 $93,352.92 6 $96,620.27 7 $100,001.98 8 $103,502.05 9 $107,124.62 10 $110,873.99 11 $114,754.58 12 $118,770.99 13 $122,927.97 14 $127,230.45 15 $131,683.52 Page 63 of 63 {00488587.1 1823-9704441} Addendum D 2021 Slotting Last First Rank Step GIARRUSSO ANTHONY CAPTAIN 15 STONE JACOB CAPTAIN 11 HETZEL ROBERT CAPTAIN 11 GONZALEZ VICTOR DE/PM 15 WINEWSKI FRANK DE/PM 15 PICARD WILLIAM DE / EMT 15 APFEL AMANDA FF/PM 15 BRANDT STEVEN FF/PM 15 JENSEN ERIK FF/PM 15 ABDUL JOHN FF/PM 15 HOBBS MICHAEL FF/PM 15 MC INNES ADAM FF/PM 15 MOELLER RYAN FF/PM 15 BUSCH DANIEL FF/PM 11 VACCARO FRED FF/PM 9 TALPESH STEPHEN FF/PM 6 JACKSON MICHAEL FF/PM 3 ROSSI FRANK FF/PM 3 MALONEY KEVIN FF/PM 3 MCCORD HANNAH FF/PM 3 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director Leonard G. Rubin, Village Attorney DATE: January 13, 2022 SUBJECT: RESOLUTION – Designating Sections of Village Code to be enforced by Civil Citation and establishing a Fine Schedule Through the adoption of Ordinance No. 2021-19 on November 18, 2021, the Village Council updated and clarified the provisions of Article VII, “Alternate Method of Code Enforcement,” of Chapter 2, “Administration,” of the Village Code outlining the procedure for the issuance and disposition of civil citations as an alternate method of code enforcement. Specifically, the Ordinance authorized the issuance of code citations by park rangers for violations occurring within Village parks; removed references to the Village’s Code Enforcement Board; clarified the procedure for challenging a citation; and allowed for a maximum fine of $500 if a citation is contested and upheld or if the person issued the citation fails to pay the penalty or request a hearing within the time specified in the citation. Section 2-254 of the Village Code requires the Village Council, by resolution, to establish a schedule of code sections that lend themselves to enforcement by citation, as well as a schedule of penalties for violation of these sections. Village Staff is recommending the adoption of a new consolidated schedule of code sections and fines to modify, expand and replace those originally adopted in Resolution No. 2009-52 and Resolution No. 2010-41. Exhibit “A” to the Resolution includes the list of Village Code sections to be enforced by civil citation. These violations are as follows: Section 4-27: Prohibiting dogs and cats in public buildings and commercial establishments; designating permissible areas for dogs within Anchorage Park; and prohibiting dogs and cats from running at large. Section 4-31: Prohibiting a person from permitting a dog to defecate on private property owned by others and requiring removal of all fecal matter. Section 4-32: Requiring a person walking a dog to carry waste removal implements to remove fecal matter. Section 6-113: Prohibiting certain types of signs within the Village, e.g., signs that constitute a safety hazard, signs that flash or rotate, and signs erected within rights-of-way. Section 14-25: Requiring commercial garbage cans to be kept tightly covered. Section 15-2: Establishing property maintenance standards for exterior property areas Section 15-3: Establishing property maintenance standards for the exteriors of structures Section 17-32: Engaging in business without a properly issued Business Tax Receipt Section 17-33.1: Requiring commercial vehicles doing work within the Village to be marked with the business name, address and phone number Section 18-35: Establishing regulations for the parking of boats and boat trailers in the R-1 and R- 2 Zoning Districts. Section 18-35.1: Establishing regulations for the parking of recreational vehicles and recreational trailers in the R-1 and R-2 Zoning Districts. Section 18-46: Prescribing the requirements for the operation of golf carts on Village streets, alleys and parking areas. Section 19-47: Prohibiting the placement of building and structures in public rights-of-way. Section 19-105: Establishing the permissible days and times for construction activity and the use of power-driven machinery, tools and equipment (including power mowers) Section 19-202: Establishing restrictions on landscape irrigation. Section 20-1: Regulating the hours for public parks and facilities. Section 20-2: Requiring persons to cooperate in maintaining restrooms and washrooms in park or recreation facilities in a neat and sanitary condition. Section 20-3: Prohibiting the construction or erection of any building or structure in (or the running of public utilities upon and across) any park or recreation facility. Section 20-4: Prohibiting climbing trees and walking, standing or sitting upon monuments, fountains, railings or fences within park or recreational facilities. Section 20-5: Establishing a speed limit within parks and confining the operation of vehicles to paved roads and parking areas. Section 20-6: Limiting bicycles to paved roads and paths within Village parks and at the North Palm Beach Country Club. Section 45-36(J)(e): Prohibiting the use of off-street parking areas for sales, storage, repair work, etc. Section 45-36(U)(7): Requiring the removal of portable storage containers and roll-off dumpsters upon the issuance of a tropical storm watch or hurricane watch by the National Weather Service, and if removal is not possible, requiring the container and contents to be secured against wind loads of up to 150 miles per hour. Exhibit “B” to the Resolution sets forth the schedule of fines. The fine schedule adopted in 2009 was as follows: $25.00 for a first violation; $100 for a second violation; $150.00 for a third violation; and a mandatory appearance before the Special Magistrate for a fourth violation. The fines proposed in the attached Resolution are as follows: $50.00 for a first violation; $150.00 for a second violation; $250.00 for a third violation; and a mandatory appearance before the Special Magistrate for a fourth violation, where the Magistrate may impose a fine of up to $500.00. Additionally, the person issuing the citation has the discretion to issue a written warning in lieu of a first violation. In the event of a subsequent violation, however, the next violation shall be considered a second violation. The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. There is no immediate fiscal impact. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution designating sections of the Village Code to be enforced by civil citation and establishing a fine schedule in accordance with Village policies and procedures. RESOLUTION 2022-___ 1 2 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, DESIGNATING THE SECTIONS OF THE VILLAGE 4 CODE TO BE ENFORCED BY CIVIL CITATION AND ESTABLISHING A FINE 5 SCHEDULE; PROVIDING FOR CONFLICTS AND THE REPEAL OF RESOLUTION 6 NOS. 2009-52 AND 2010-41; AND PROVIDING FOR AN EFFECTIVE DATE. 7 8 WHEREAS, through the adoption of Ordinance No. 2009-11 on September 10, 2009, the Village Council 9 adopted a new Article VII, “Alternate Method of Code Enforcement,” of Chapter 2, “Administration,” of the 10 Village Code of Ordinances to provide a procedure for the issuance and disposition of citations as an alternate 11 method of code enforcement; and 12 13 WHEREAS, through the adoption of Ordinance No. 2021-19 on November 18, 2021, the Village Council 14 updated and clarified the provisions applicable to the issuance of code enforcement citations and authorized 15 the issuance of citations by a park ranger for violations occurring within Village parks; and 16 17 WHEREAS, in accordance with Section 2-254 of the Village Code, the Village Council wishes to update the 18 list of Code sections that may be enforced by civil citation and update the schedule of fines applicable to such 19 violations; and 20 21 WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of the 22 public health, safety and welfare. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 25 NORTH PALM BEACH, FLORIDA as follows: 26 27 Section 1. The foregoing recitals are hereby ratified and incorporated herein. 28 29 Section 2. The Village Council hereby adopts the list of sections of the Village Code that may be 30 enforced through the issuance of civil citations as set forth in Exhibit “A” attached hereto and 31 incorporated herein. The Village Council further adopts the fine schedule for civil citations as set forth 32 in Exhibit “B” attached hereto and incorporated herein. 33 34 Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed 35 to the extent of such conflict. Resolution No. 2009-52 and Resolution No. 2010-41 are hereby repealed 36 in their entirety. 37 38 Section 4. This Resolution shall take effect immediately upon adoption. 39 40 PASSED AND ADOPTED THIS ____DAY OF ____________, 2022. 41 42 43 (Village Seal) 44 MAYOR 45 ATTEST: 46 47 48 VILLAGE CLERK 49 50 Exhibit “A” Authorized Code Sections Code Section Description 4-27 Animals Prohibited in Certain Areas/Running at Large 4-31 Removal of Animal Waste 4-32 Animal Waste Removal Implements 6-113 Prohibited Signs 14-25 Garbage Cans Kept Covered 15-2 Exterior Property Areas (Property Maintenance Standards) 15-3 Exterior of Structures (Property Maintenance Standards) 17-32 Engaging in Business without Business Tax Receipt 17-33.1 Marking of Commercial Vehicles (Name, Address, Phone Number) 18-35 Boat and Boat Trailer Parking in R-1 and R-2 Districts 18-35.1 Recreational Vehicles and Trailer Parking in R-1 and R-2 Districts 18-46 Operation of Golf Carts 19-47 Obstructing Public Passageways 19-105 Permissible Time for Construction Activity 19-202 Irrigation Restrictions 20-1 Use of Parks (Permitted Hours) 20-2 Failure to Cooperate in Maintaining Park Restrooms Neat and Sanitary 20-3 Erecting Buildings or Structures in Parks without Authorization 20-4 Climbing Trees and Standing or Sitting on Monuments, Fountains, Railings and Fences Prohibited in Parks 20-5 Traffic in Parks 20-6 Operation of Bicycles in Parks and at Country Club 45-36(J)(e) Unauthorized Use of Off-Street Parking Areas 45-36(U)(7) Removal of Portable Storage Containers or Roll-Off Dumpsters (Severe Weather Conditions) Exhibit “B” Fine Schedule for Code Citations Violation Fine First Violation* $50.00 Second Violation $150.00 Third Violation $250.00 Mandatory Special Magistrate Hearing Up to $500.00 *At the discretion of the issuing person (code compliance officer, law enforcement officer, public safety aide or park ranger), a written warning may be issued in lieu of a first violation. In the event of a written warning issued in lieu of a first violation, the next violation will still be treated as second violation. RESOLUTION 2009-52 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DESIGNATING THE CODE SECTIONS TO BE ENFORCED BY CITATION AND ESTABLISHING A SCHEDULE OF PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance 2009-11, the Village Council established an alternate method of code enforcement to provide for the issuance of citations; and WHEREAS, Section 2-253 of the Village Code requires the Village Council to designate, by resolution, the sections of the Village Code of Ordinances to be enforced by citation and to establish a schedule of penalties. 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. As required by Section 2-253 of the Village Code of Ordinances, the Village Council hereby authorizes the enforcement of the following code sections through the issuance of code enforcement citations: Section Number: Title/Description: 4-25 Collar and Tag Required 4-27 Animals Prohibited in Certain Areas 4-28 Animals Running at Large 4-31 Removal of Animal Waste 4-32 Waste Removal Implements 14-25 Commercial Garbage Cans Kept Covered 17-33.1 Marking of Commercial Vehicles 19-47 Obstructing Passageways 19-111(b)Use ofPower-Driven Machinery 45-36(J) (e)Use ofOff-Street Parking Areas Section 3. As further required by Section 2-253 of the Village Code of Ordinances, the Village Council hereby establishes the following schedule of penalties for violations of the code sections designated above when enforced by citation: First Violation:25.00 Second Violation:100.00 Third Violation:150.00 Fourth Violation:Mandatory appearance before Code Enforcement Board Page 1 of 2 Section 4. In the event the Village prevails in any code citation case presented to the Code Enforcement Board at the request of the violator or because the violator failed to request a hearing or pay the fine, the Code Enforcement Board shall assess administrative costs incurred by the Village in presenting the case to the Board. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 24th DAY OF SEPTEMBER 2009. Village Seal) ATTEST: idG~~ VILLAGE C ERK Page 2 of 2 RESOLUTION 2010-41 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING RESOLUTION 2009-52 TO DESIGNATE ADDITIONAL CODE SECTIONS TO BE ENFORCED BY CITATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance 2009-11, the Village Council established an alternate method of code enforcement to provide for the issuance of citations; and WHEREAS, Section 2-253 of the Village Code requires the Village Council to designate, by resolution, the sections of the Village Code of Ordinances to be enforced by citation and to establish a schedule of penalties; and WHEREAS, on September 24, 2009, the Village Council adopted Resolution 2009-52, designating certain Code sections to be enforced by citation and establishing a schedule ofpenalties and WHEREAS, the Council wishes to amend Resolution 2009-52 to designate additional sections of the Village Code to be enforced by citation. 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. In addition to those previously identified in Resolution 2009-52, the Village Council hereby authorizes the enforcement of the following code sections through the issuance of code enforcement citations: Section Number: Title/Description: 5-33 Boat launching azea -Designated; use restricted 5-35 Boat launching azea - Vehicle/Trailer pazking in designated azeas; permits required 18-36 Pazking in violation of signs Section 3. All references to the Code Enforcement Board in Resolution 2009-52 aze amended to refer to the Code Enforcement Special Magistrate. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 22nd DAY OF JULY, 2010. Village Seal) ATTEST: DD~~~, ,~~0. C~%~~~ VILLAGE CLERK ORDINANCE NO. 2021-19 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE VII, ALTERNATE METHOD OF CODE ENFORCEMENT," TO MODIFY THE PROCEDURES APPLICABLE TO THE ISSUANCE OF CIVIL CODE ENFORCEMENT CITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach, as a duly organized Florida municipality, possesses the home rule powers conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, through the adoption of Ordinance No. 2009-11 on September 10, 2009, the Village Council adopted a new Article VII, "Alternate Method of Code Enforcement," of Chapter 2 of the Village Code of Ordinances to provide a streamlined process for the issuance and disposition of citations as an alternate method of code enforcement; and WHEREAS, the Village Council wishes to amend Article VII to update and clarify the procedures for the issuance of code enforcement citations and allow for the issuance of citations by a park ranger for violations occurring within Village parks; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests of the residents and citizens of the Village. 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 correct and are incorporated herein. Section 2. The Village Council hereby amends Chapter 2, "Administration," of the Village Code of Ordinances by adopting a new Article VII, "Alternate Method of Code Enforcement," to read as follows (additional language is underlined and deleted language is strieken tIffe gh : ARTICLE VII. ALTERNATE METHOD OF CODE ENFORCEMENT Sec. 2-251. Issuance of citations. A code compliance officer, sworn police officer or public safety aide may issue a citation to a person when, based on personal investigation, the officer or aide has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance for which enforcement by citation has been authorized., aa44he For violations occurring within a village park, a citation maybe issued by park ranger. Page 1 of 3 See. 2-252. Hearing. The the village's code enforcement beafd special magistrate will hold a hearing on the violation if the citation is either contested or if the fxe applicable civil penalty is not paid within the time specified in the citation. Sec. 2-M 253. Form and contents of citation. a) The citation issued by the eade eem,.,lianee offs er sti o pe !1-rfiee t. vv r. , 1' ilV11LL V111VV er publie safety shall be in a form prescribed by the Village, and shall contain, at a minimum, the following: 1) The date and time of issuance; 2) The name and address of the person to whom this citation is issued; 3) The date and time the civil infraction was committed; 4) A brief description of the violation; 5) The number of or section of the code or ordinance violated; 6) The name of the issuing ^ff^eN or eprson; 7) The procedure for the person to follow in order to pay the civil penalty or contest the citation; 8) The applicable civil penalty if the person elects to contest the citation; 9) The applicable civil penalty if the person elects not to contest the citation; and 10) A conspicuous statement if the person fails to pay the civil penalty within the time allowed or fails to appeaf request a hearing before the village's code enforcement board special magistrate_ to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty set forth in section 2-255 below. b) After issuing a citation to an alleged violator, an of ^er of aide the issuing person shall provide the original citation and one copy of the citation to the village's code enforcement division for further processing. Sec. 2-253 254. Codes to be enforced by citation. The village council shall establish, by resolution, a schedule of the code sections that, due to their nature, lend themselves to enforcement by means of the citation method, in addition to a schedule of penalties for violation of these sections. The schedule of code sections and penalties may be amended at the discretion of the village council. Sec. 2-254 255. Right to hearing; maximum penalty. a) Upon receipt of a citation, a person alleged to have violated the village code may request a hearing before the Village's code enforcement boafd special magistrate and present his or her case tom -the' . Page 2 of 3 b) All violations shall be considered civil infractions., and Lc The code enforcement beard special magistrate may assess a maximum civil penalty not to exceed $500.00, plus the village's administrative costs if the violation is contested and upheld or if the person issued the citation fails to pay the civil penaltyoquest a hearing within the time specified on the citation. Sec. 2-2-M 256. Failure to accept citation. Any person who willfully refuses to sign and accept a citation issued by a code compliance officer, sworn police officer, or public safety aide or other designated eprsonshallbeguiltyofamisdemeanoroftheseconddegree, punishable as provided in F.S. § 775.082 or F.S. § 775.083. Sec. 2-2-56 257. Provisions additional and supplemental. This article constitutes an additional and supplemental means of enforcing the provisions of the village code. Nothing contained in this division shall prohibit the village from enforcing its codes or ordinances by other lawful means. Section 3. The provisions of this Ordinance shall become and be made part of the Code of Ordinances for the Village of North Palm Beach, Florida. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances 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 the Ordinance. Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall be effective immediately upon adoption. PLACED ON FIRST READING THIS 28TH DAY OF OCTOBER, 2021. FINAL READING AND PASSED THIS 18TH DAY OF NOVEMBER, 2021. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Ic J '.1 f •,r y o.wss' 66 VIC'R-M YOR Page 3 of 3 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: January 13, 2022 SUBJECT: DISCUSSION -- Parking regulations related to the storage of utility trailers and the restriction of on-street parking near Lakeside Park (Code Sections 18-34.1, 18-35, 18- 35.1). Village staff is working on two separate regulatory issues that impact Article III, Sections 18-34.1, 18-31 and 18-35.1 and require Village Council guidance. Specifically, staff is attempting to address requests to 1) develop regulations related to screening utility trailers in residential zoning districts and 2) refine the on-street parking restrictions near Lakeside Park. Utility Trailers: During recent discussions related to regulations addressing the storage of boats and RVs on residential properties, it was suggested that utility trailers be included as equipment to be regulated as well. The issue that prompted this suggestion was the absence of any regulations that require utility trailers to be screened. Staff requires some direction regarding these regulations. It is probably best from a consistency perspective to treat utility trailers similar to RVs – they need to be completely screened (using the 90% opacity standard) except for what might be visible from the ROW adjacent to a 6’ gate. However, a “grandfathering” provision should be considered as well. Staff requires some guidance on such a provision. On-Street Parking near Lakeside Park: At a recent Council meeting, questions were raised regarding the need for on-street parking regulations in the neighborhood surrounding Lakeside Park. The existing regulations – which prohibit parking on- street on weekends and holidays -- were originally adopted in response to concerns from residents about on-street parking by Lakeside Park visitors. Village staff intends to eliminate streets north of Lighthouse Drive from the existing regulations. The Village has not posted these areas with the parking restrictions nor has it needed to enforce the regulations on those streets Additionally, staff will discuss the inclusion of the existing policy related to the use of resident parking passes that will allow residents and their visitors to park on-street and expanding the “no-parking” restrictions at all times, as opposed to weekends and holidays only. Recommendation: Village Staff requests Council policy direction related to screening utility trailers and on-street parking restrictions near Lakeside Park.