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