07-10-2025 REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JULY 10, 2025
501 U.S. HIGHWAY 1 6:00 PM
Deborah Searcy Lisa Interlandi Kristin Garrison Susan Bickel Orlando Puyol
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Chuck Huff Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
INSTRUCTIONS FOR “WATCH LIVE” MEETING
To watch the meeting live please go to our website page (link provided below) and click the “Watch
Live” link provided on the webpage:
https://www.village-npb.org/CivicAlerts.aspx?AID=496
ROLL CALL
PLEDGE OF ALLEGIANCE
ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA
AWARDS AND RECOGNITION
1. Proclamation - Parks and Recreation Month
2. Proclamation - 14th Annual KidsFit Jamathon
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.
3. INTRODUCTION OF APPLICANTS TO WATERWAYS BOARD
4. RESOLUTION – Appointing one resident member to the Waterways Board.
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
Regular Session Agenda, July 10, 2025 Page 2 of 2
CONSENT AGENDA
The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers
may remove any item from the Consent Agenda, which would automatically convey that item to the Regular
Agenda for separate discussion and vote.
5. Receive for file Minutes of the Planning, Zoning, and Adjustment Board meeting held 6/3/2025.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
OTHER VILLAGE BUSINESS MATTERS
6. RESOLUTION - IRRIGATION AND SOD REPLACEMENT Consider a motion to adopt a resolution
approving a contract with Precision Landscape Company of Palm Beach County, Inc. for the
installation of a portable water irrigation line and sod at Anchorage Park at a total cost of
$102,136.00.
7. RESOLUTION – PUBLIC PARTCIPATION RULES AND PROCEDURES Consider a motion to
adopt a resolution adopting public participation and decorum rules and procedures.
COUNCIL AND ADMINISTRATION MATTERS
8. NPB University - "Know Your Budget"
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
9. WORKSHOP – Ordinance Adopting Tree Preservation Requirements and Tree Removal
Permits.
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting,
he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting
should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
VILLAGE OF NORTH PALM BEACH
2025 WATERWAYS BOARD APPLICANTS
Current openings and applicants for the Waterways Board are listed below. The Village Council may appoint new
members or reappoint incumbents at its discretion. The term of appointment varies, depending on the Board and the
Village Council may modify the duration at the time of appointment in order to provide for staggered terms.
Waterways Board
1 Seat 3 year term
Requirements Village Resident
4 Applicants Scott Bielecky
Robert Hopler
Megan Komer
Kenneth Soule
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE VILLAGE CLERK
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Jessica Green, Village Clerk
DATE: July 10, 2025
SUBJECT: RESOLUTION – Appointing one resident member to the Waterways Board.
In accordance with Chapter 2, Article 1 of the Code of Ordinances, the Village Council may appoint
citizens as members of its Boards to serve at the pleasure of the Council.
Presently there is one vacant position on the Waterways Board due to Roberto Flores declining his May
8, 2025 appointment to the Waterways Board. The opening has been advertised on the Village’s website,
newsletter, and Facebook page. The Village Clerk’s Office received four (4) applications for the vacant
position:
Scott Bielecky
Robert Hopler
Megan Komer
Kenneth Soule
The Applications for Appointment are attached included the backup materials to agenda item #1 for
Council consideration.
The applicants were contacted for an interview with the Council to be conducted under Statements from
the Public. Selection of the new members will be conducted by ballot. One appointed member will serve
a three-year term which expires on April 30, 2028.
The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency.
There is no fiscal impact.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution appointing
one resident member to a vacant position on the Waterways Board to serve the remainder of one
(1) three-year term expiring on April 30, 2028 in accordance with Village policies and procedures.
Page 1 of 1
RESOLUTION 2025-___
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE
WATERWAYS BOARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with Chapter 2, Article I of the Village Code of Ordinances, the Village
Council may appoint residents of the Village as members of Village advisory boards to serve at the
pleasure of the Village Council, subject to the terms and conditions set forth therein; and
WHEREAS, the Village Council wishes to appoint a Village resident to serve on the Village
Waterways Board.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The following person is hereby appointed to the Waterways Board for a term
commencing July 10, 2025 and expiring as indicated below:
WATERWAYS BOARD
April 30, 2028
Section 2. The Village Clerk is hereby directed to send a conformed copy of this resolution to
the members appointed above.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 10TH DAY OF JULY, 2025
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Village of North Palm Beach
Planning, Zoning and Adjustment Board
MINUTES
Tuesday, June 3, 2025, at 6:30 pm
Village Hall Council Chambers
CALL TO ORDER
Chair Solodar called the meeting to order at 6:30 PM.
Roll Call
BOARD MEMBERS PRESENT:
Donald Solodar, Chair
Jonathan Haigh, Vice-Chair
Thomas Hogarth, Member
Cory Cross, Member
Claudia Visconti, Member
Mark Michels, Member
BOARD MEMBER(S) ABSENT:
Scott Hicks, Member
VILLAGE STAFF:
Building Director Valentino Perez,
Attorney, Len Rubin,
Councilmember Orlando Puyol
Planning Consultants: Lance Lilly and Alex Ahrenholz, AICP
II. Deletions, Additions or Modifications to the Agenda:
Delete Agenda Item #5, which was previously heard at a prior meeting.
III. Public Comment (Non-Agenda Items): NONE
IV. Approval of Minutes
May 6, 2025: Member Hogarth motions to approve, Member Cross seconds. 6-0
V. Reorganization of the Planning and Adjustment Board:
This item was removed from the agenda.
VI. Declaration of Ex-Parte Communications: NONE
VII. Quasi-Judicial Matters / Public Hearings
The Village Attorney swore all persons speaking.
A. Site Plan & Appearance Reviews
1. 910 US Highway 1 – (Baer Furniture)
Gene Valdini of GPN Contracting explained to the Board that the subject property, Baer Furniture, intends
to remove the stone from the north and south facades. The proposed removal will preserve the existing
landscaping, and the exposed areas will be re-stuccoed and painted to match the front and rear facades.
The Village of North Palm Beach June 3, 2025
Planning, Zoning and Adjustment Board Agenda Page 2 of 3
Mr. Lilly provided a staff presentation to give additional context regarding the proposed site plan and
appearance request.
Public Comment:
Deborah Cross, Village Resident, questioned whether the removal of the stone would make the façade a
blank stucco wall. Mr. Valdini explained that the landscaping will remain concealing the appearance of
the wall.
Motion: Member Cross motions to approve, Member Hogarth seconds. 6-0 approved.
2. 200 Yacht Club Drive
Lentzy Jean-Louis, Urban Design Studio (UDS), on behalf of the property owner, explained the request
to keep the north-to-south utility lines in the alleyway overhead rather than placing them underground.
As part of the new plans, the Applicant would also rotate the pool’s configuration, relocate four live oaks
from the alley and reposition them near the proposed pool location plans, include smaller and more
suitable tree species, and update the site plan to reflect all the changes.
Mr. Ahrenholz then delivered the Staff presentation to guide the Board’s discussion.
Member Visconti expressed concerns about the relocation of the four oak trees, emphasizing the need for
landscaping tall enough to block views from the adjacent neighborhood. The Applicant responded that
the new landscaping would include Silver Buttonwood trees.
Member Hogarth raised questions about easements on the property, including an anchor easement shown
on the plans. Jesse Parrish of Simmons and White clarified that there is currently no anchor in place, and
the easement would require formal abandonment. Member Hogarth also noted the Village's broader goal
to convert overhead power lines to underground and suggested that this project at 200 Yacht Club could
serve as a catalyst for undergrounding efforts.
Member Visconti inquired whether there were additional reasons for not undergrounding beyond avoiding
disruption to neighbors. Mr. Parrish explained that they had consulted with Florida Power & Light (FP&L)
to assess impacts on residents.
Member Hogarth proposed that if the Board were to approve the request, it should be conditional allowing
construction to proceed only if the conduit for underground utilities is installed and ready for future use.
Vice-Chair Haigh highlighted the significant infrastructure requirements involved in undergrounding
utility lines.
Member Michels asked whether previous approvals had included undergrounding the alley and voiced
aesthetic concerns, suggesting that resident feedback should be considered for any potential underground
project.
Vice-Chair Haigh also inquired whether the proposed Silver Buttonwoods along the alley would be trees
or hedges and asked about their height. Nicholas Mihelich of Urban Design Studio confirmed they would
be trees, each standing 12 feet tall.
Mr. Parrish noted that many of the construction details are addressed during the design phase, which is
why they have retained an FP&L consultant to assist in evaluating the impacts.
Public Comment:
The Village of North Palm Beach June 3, 2025
Planning, Zoning and Adjustment Board Agenda Page 3 of 3
Deborah Cross, a Village resident, mentioned that the Applicant was aware of the time and cost required
to complete the underground of the utilities when the project was originally approved.
Motion: The Board motioned to table the item and add it to the agenda for the July meeting. The request
included feasibility study, graphics, and diagrams explaining why the underground project is not feasible.
Member Visconti makes a motion for tabling the item with the study, Member Hogarth seconds. 4-2
(opposed Vice-Chair Haigh, Member Dr. Michels)
Commission Member Comments
Member Hogarth questioned why the former Ruth’s Chris restaurant project, discussed at the May
meeting, was not included on the June agenda. Mr. Lilly explained that the application is still under review
and will be scheduled for a subsequent meeting in July.
Staff Updates
Next Meeting: July 1, 2025
Adjournment
Meeting adjourned at 7:45 PM
All members of the public are invited to appear at the public hearing, which may be continued from time to time,
and be heard with respect to this matter.
If a person decides to appeal any decision made with respect to any matter considered at the subject meeting,
he or she will need to ensure that a verbatim record of the proceedings is made, which shall include 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 Planning Zoning and Adjustment
Board. Due to the nature of governmental duties and responsibilities, the Planning Zoning and Adjustment
Board reserves the right to make additions to, or deletions from, the items contained in this agenda.
VILLAGE OF NORTH PALM BEACH
PARKS & RECREATION DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Ashley Shipman, Director of Parks & Recreation
DATE: July 10, 2025
SUBJECT: RESOLUTION – Anchorage Park Sod and Irrigation Contract
The Parks and Recreation Department seeks Village Council approval of a contract with Precision
Landscape Company of Palm Beach County, Inc., for the installation of a new potable water irrigation
line at Anchorage Park. The line will extend from the existing meter on the south side of the park to the
area known as the “Bowl.”
This project addresses long-standing concerns and frequent complaints about the deteriorated
condition of the turf in this area. The current irrigation system uses a water source with high salinity
levels, resulting in significant turf damage and bare patches that negatively affect both the usability and
appearance of the Bowl.
While Staff considered the alternative of installing salt-tolerant Paspalum grass, that option would
involve substantially higher upfront costs and ongoing annual expenses for re -sodding. Additionally,
recurring re-sodding would lead to extended downtimes, thereby limiting community access and
disrupting recreational programming.
To move forward efficiently, staff is requesting a waiver of the Village’s purchasing polic ies and
procedures in order to contract directly with Precision Landscape Company, with whom the Village
already has an existing contract. Precision has consistently provided high-quality service and has
committed to maintaining the irrigation system post-installation, reducing long-term operational impacts.
Staff believes this approach offers the most cost-effective and sustainable solution for restoring and
maintaining the Bowl at Anchorage Park.
The total project cost is $102,136, which includes $59,900 for turf installation and $42,236 for the
irrigation system. This is an unbudgeted project and will be expensed from the Recreation Department
budget. If necessary, a budget amendment will be prepared at year-end to reflect this expenditure.
Account Information:
Fund Department /
Division
Account
Number
Account
Description Amount
General
Fund Parks and Recreation A8028-66210 Construction &
Major Renovation $102,136.00
The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the
Village Attorney.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving
a Contract with Precision Landscape Company of Palm Beach County, Inc. in an amount not to
exceed $102,136.00, with funds expended from the General Fund Account No. A8028-66210
(Parks and Recreation - Construction & Major Renovation), authorizing the Mayor and Village
Clerk to execute the Contract, and waiving the Village’s purchasing policies and procedures for
this expenditure.
RESOLUTION 2025-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A CONTRACT WITH PRECISION
LANDSCAPE COMPANY OF PALM BEACH COUNTY, INC. FOR THE
INSTALLATION OF A POTABLE WATER IRRIGATION LINE AND SOD AT
ANCHORAGE PARK AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE CONTRACT; WAIVING THE VILLAGE’S PURCHASING
POLICES AND PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Precision Landscape Company of Palm Beach County, Inc. (“Precision”), the Village’s
landscape maintenance contractor, provided estimates for the installation of a potable water irrigation
line and sod for “the Bowl” area of Anchorage Park, and Village Staff recommended executing a contract
for such services; 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 approves a Contract with Precision Landscape Company of
Palm Beach County, Inc. for the installation of a potable water irrigation line and sod at Anchorage Park
at a total cost of $102,136.00, with funds expended from Account No. A8028-66210 (Parks and
Recreation – Construction and Major Renovation). The Village Council further authorizes the Mayor
and Village Clerk to execute a Contract for such services, a copy of which is attached hereto and
incorporated herein by reference.
Section 3. In approving this purchase, the Village Council hereby by waives all conflicting
provisions of the Village’s purchasing policies and procedures.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2025.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 9
CONTRACT
THIS CONTRACT is made as of the ____ day of ________________, 2025 by and between the
VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the laws
of the State of Florida, hereinafter referred to as VILLAGE, and PRECISION LANDSCAPE
COMPANY OF PALM BEACH COUNTY, INC., a Florida corporation.
WHEREAS, the VILLAGE is need of services and materials for installation of a new potable water
irrigation line at Anchorage Park and the installation of new sod for the “Bowl” area; and
WHEREAS, CONTRACTOR is the current provider of landscape maintenance services, and
CONTRACTOR has provided the VILLAGE with cost Estimates to perform the work; and
WHEREAS, the VILLAGE wishes to retain CONTRACTOR to perform the work outlined in its
Estimates, pursuant to the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR.
CONTRACTOR shall perform the services set forth in its Estimates dated May 13, 2025 (Estimate No.
282545) and May 17, 2025 (Estimate No. 282582) attached hereto as Exhibit “A” and incorporated
herein by reference (“Work”). CONTRACTOR shall perform the Work to that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its vocation practicing in the
same or similar locality at the time such services are performed.
ARTICLE 2. TERM OF CONTRACT.
The term of this Contract shall commence upon the VILLAGE’s issuance of a Notice to Proceed and
shall remain in effect until CONTRACTOR completes all services within the scope of this Contract to
the satisfaction of the VILLAGE, unless otherwise terminated in accordance with Article 8.
CONTRACTOR shall complete the Work within ninety (90) calendar days after the issuance of the
Notice to Proceed.
ARTICLE 3. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate CONTRACTOR in accordance with CONTRACTOR’s
Estimates in an amount not to exceed One Hundred and Two Thousand One Hundred and Thirty-Six
Dollars and No Cents ($102,136.00).
B. CONTRACTOR shall invoice the VILLAGE on a monthly basis based on the percentage of
work performed. Invoices received from CONTRACTOR pursuant to this Contract will be reviewed
and approved by the VILLAGE’s representative, indicating that the Work has been provided and
rendered in conformity with the Contract and then will be sent to the Finance Department for payment.
CONTRACTOR will invoice the VILLAGE in advance for each payment period. Invoices will normally
be paid within thirty (30) days following the VILLAGE representative’s approval.
Page 2 of 9
C. Work undertaken or expenses incurred that exceeds an amount set forth in the Estimates without
prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract.
E. 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 Work
has 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 the Work.
ARTICLE 4. INSURANCE.
A. Prior to execution of this Contract by the VILLAGE, CONTRACTOR shall provide certificates
evidencing insurance coverage as required hereunder. All insurance policies shall be issued by
companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly
indicate that CONTRACTOR has obtained insurance of the type, amount, and classification as required
for strict compliance with this Article and that no material change or cancellation of the insurance shall
be effective without thirty (30) days prior written notice to the VILLAGE’S representative. Compliance
with the foregoing requirements shall not relieve CONTRACTOR of its liability and obligations under
this Contract.
B. CONTRACTOR shall maintain, during the life of this Contract, Commercial General Liability
insurance in the amount of $1,000,000.00 in aggregate 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, 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 $1,000,000 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. The parties to this Contract 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 OF NORTH PALM BEACH as an “Additional Insured”.
Page 3 of 9
ARTICLE 5. PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel
required to perform the Work under this Contract. Such personnel shall not be employees of or have any
contractual relationship with the VILLAGE.
B. All of the Work required hereunder shall be performed by CONTRACTOR or under its
supervision, and all personnel engaged in performing the Work (including subcontractors) shall be fully
qualified and, if required, authorized or permitted under state and local law to perform such Work.
C. All of CONTRACTOR’s personnel (and all subcontractors) while on VILLAGE premises, will
comply with all applicable requirements governing conduct, safety, and security, provided, however, that
CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
ARTICLE 6. 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 the
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 waiver provided in § 768.28, Florida
Statutes.
ARTICLE 7. INDEPENDENT CONTRACTOR.
CONTRACTOR is, and shall be, in the performance of services pursuant to this Contract, an independent
contractor and not an employee, agent or servant of the VILLAGE. All persons engaged in any services
performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s
sole discretion, supervision and control, and CONTRACTOR shall exercise sole control over the means
and manner in which its employees, consultants and subcontractors perform such services.
ARTICLE 8. TERMINATION.
This Contract may be terminated by CONTRACTOR upon ten (10) days’ prior written notice to the
VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance
with the terms of this Contract through no fault of CONTRACTOR. It may also be terminated, in whole
or in part, by the VILLAGE, with or without cause, upon ten (10) days’ written notice to the
CONTRACTOR. Unless CONTRACTOR is in breach of this Contract, CONTRACTOR shall be paid
Page 4 of 9
for Work rendered to the VILLAGE’s satisfaction through the date of termination. After receipt of a
Termination Notice and except as otherwise directed by the VILLAGE, CONTRACTOR shall:
A. Stop work on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated
work;
C. Transfer all work in progress, completed work, and other materials related to the terminated work
to the VILLAGE; and
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 9. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Contract. Except as
above, neither the VILLAGE nor CONTRACTOR shall assign, sublet, convey or transfer its interest in
this Contract without the written consent of the other. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor
shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and
CONTRACTOR.
ARTICLE 10. ACCESS AND AUDITS.
CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in
estimating and performing the Work for at least three (3) years after completion of this Contract. The
VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the
purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. In
no circumstances will CONTRACTOR be required to disclose any confidential or proprietary
information regarding its products and service costs.
ARTICLE 11. ENFORCEMENT COSTS.
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.
ARTICLE 12. PROTECTION OF WORK AND PROPERTY.
A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage, and
shall protect the VILLAGE’s 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, the CONTRACTOR shall provide any necessary materials
to maintain such protection.
Page 5 of 9
B. 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.
ARTICLE 13. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent
to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Village Manager
Village Hall
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the CONTRACTOR shall be mailed to:
Precision Landscape Company of Palm Beach County, Inc.
Attn: Rick Giordano
9450 Old Dixie Highway
North Palm Beach, FL 33408
The foregoing names and addresses may be changed if such change is provided in writing to the other
party.
ARTICLE 14. ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONTRACTOR agree that this Contract, including all documents referenced herein,
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.
ARTICLE 15. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity,
firm or corporation to which they relate as the context may require. Wherever the context may require,
the singular shall mean and include the plural and the plural shall mean and include the singular. The
term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”, “hereinafter” and
the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and
made a part hereof. The captions and paragraph headings are for reference and convenience only and do
not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning
or interpretation of this Contract.
ARTICLE 16. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
Page 6 of 9
ARTICLE 17. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply
with any of the provisions contained in this Contract or exhibits, amendments and addenda attached
hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option
and without notice terminate this Contract.
ARTICLE 18. EXHIBITS AND CONTRACT DOCUMENTS.
All exhibits and other documents referred to in this Contract form an essential part of this Contract. The
exhibits and other documents, if not physically attached, should be treated as part of this Contract and
are incorporated herein by reference.
ARTICLE 19. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of the Village
of North Palm Beach.
ARTICLE 20. SURVIVABILITY.
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.
ARTICLE 21. WAIVER OF SUBROGATION.
CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers,
employees and agents for each required policy. When required by the insurer, or should a policy
condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an
endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed
with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of
Subrogation requirement shall not apply to any policy, which a condition to the policy specifically
prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement
on a pre-loss basis.
ARTICLE 22. WARRANTY.
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 stated in the Estimates. Should any Work fail to
comply with this warranty during the warranty period of one (1) year, upon written notification from the
VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or
workmanship at CONTRACTOR’s sole expense.
ARTICLE 23. REPRESENTATIONS/BINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal right to
execute and deliver this Contract and perform all of its obligations under this Contract.
Page 7 of 9
ARTICLE 24. GOVERNING LAW, VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce this Contract will be held in Palm Beach County.
B. 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.
C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive any
right they may have to a trial by jury with respect to any litigation arising out of or in connection
with this Contract.
ARTICLE 25. FEDERAL AND STATE TAXES.
The VILLAGE is exempt from federal tax and state sales tax and use taxes. Upon request, the VILLAGE
shall provide an exemption certificate to CONTRACTOR. CONTRACTOR is not exempt from paying
sales tax to its suppliers for materials used to fulfill its obligations under this Contract, nor shall
CONTRACTOR be authorized to use the VILLAGE’s tax exemption number in securing such materials.
ARTICLE 26. INSPECTOR GENERAL
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 Documents justifying termination.
ARTICLE 27. PUBLIC RECORDS.
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 requires required by the VILLAGE to perform the service.
Page 8 of 9
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.
ARTICLE 28. E-VERIFY
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 belief
that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR
has otherwise complied, it shall notify CONTRACTOR, and CONTRACTOR shall immediately
terminate its contract with the subcontractor.
ARTICLE 29. CONVICTED VENDOR LIST/BOYCOTT OF ISRAEL
As provided in section 287.135, Florida Statutes, CONTRACTOR certifies that it and any authorized
subcontractors are not participating in a boycott of Israel. CONTRACTOR further certifies that it and
its affiliates have not been placed on the Convicted Vendor List under section 287.133, Florida
Statutes. The VILLAGE and CONTRACTOR agree that the VILLAGE shall have the right to
immediately terminate this Contract if CONTRACTOR, its authorized subcontractors or affiliates
have been placed on the Scrutinized Companies that Boycott Israel List, is engaged in a boycott of
Israel, or has been placed on the Convicted Vendor List maintained by the State of Florida.
Remainder of page blank – signatures on next page
Page 9 of 9
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
CONTRACTOR:
PRECISION LANDSCAPE COMPANY OF PALM BEACH COUNTY, INC.
By:
Print Name:
Title:_____________________________
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
Total
Estimate
Date
5/17/2025
Estimate #
282582
Village of North Palm Beach/
Public Works
645 Prosperity Farms Road
North Palm Beach, FL 33408
Admin
Village of
North Palm
P.O. No.Rep
Inst
Signature:
admin@precisionlandscapeco.com
561.881.8866 - Office
Quoted prices are based on complete acceptance of all items in this estimate.
All estimates under $700 require payment in full; over $700 requires a 50% deposit, prior to
work commencement. If you would like to pay by credit card, please contact our office and a
2% credit Card fee will be applied. Prices quoted are valid for 30 days from date of estimate.
Precision Landscape Co.
9450 Old Dixie Hwy
North Palm Beach, FL 33403
Item Description Qty U/MRate Total
Anchorage Park Bowl
TEAM - SP... (Spray) bowl area to eradicate weeds/insecticide 68,0000.05 3,400.00
Landscape ... Till/Laser Grade/Remove all debris- hand grade
final
68,0000.10 6,800.00
Dump Truck Dump Truck 3450.00 1,700.00
Skid Steer ... Skid Steer Loader with Operator 4095.00 3,800.00
Sod Pallet -... Install Sod Pallet - St. Augustine 68,0000.65 44,200.00
_____________________________________$59,900.00
Total
Estimate
Date
5/13/2025
Estimate #
282545
Village of North Palm Beach/
Public Works
645 Prosperity Farms Road
North Palm Beach, FL 33408
Admin
Village of
North Palm
P.O. No.Rep
IRR
Signature:
admin@precisionlandscapeco.com
561.881.8866 - Office
Quoted prices are based on complete acceptance of all items in this estimate.
All estimates under $700 require payment in full; over $700 requires a 50% deposit, prior to
work commencement. If you would like to pay by credit card, please contact our office and a
2% credit Card fee will be applied. Prices quoted are valid for 30 days from date of estimate.
Precision Landscape Co.
9450 Old Dixie Hwy
North Palm Beach, FL 33403
Item Description Qty U/MRate Total
Anchorage Park Irrigation
Landscape ... Dig Trench from current back flow main pipe
east towards Pavilion 334Ln ft , lay 2" pipe
from back flow to under sidewalk at Pavilion
and back fill
30334.00 10,020.00
I-Pipe SCH ... 2" Pipe- F&I 70010.75 7,525.00
I-Pipe 1 1/4... 1 1/4" Pipe F&I 88010.25 9,020.00
I-Pipe SCH ... 1" Pipe SCH 40 F&I 3809.50 3,610.00
I-Pipe 3/4" ... 3/4" Pipe F&I 2008.00 1,600.00
I-Electric V... Electric Valve 8325.00 2,600.00
I-Irrigation Wire valve, connectors, fittings, funny pipe,
wire, couplers, T's, 90's, Funny L.
12,250.00 2,250.00
I-Clock Installed Irrigation Clock (commercial) 1775.00 775.00
I-Module Module for all zones on clock 585.00 425.00
I-Bal Valve ... Install 1 (2") Ball Valve 165.00 65.00
I-Valve Bo... Install 12" Rectangular Valve Boxes 6125.00 750.00
I-Rotor 12" 12" Rotor Commercial Series 6258.00 3,596.00
_____________________________________$42,236.00
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
VILLAGE CLERK’S OFFICE
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Leonard G. Rubin, Village Attorney
Jessica Green, Village Clerk
DATE: July 10, 2025
SUBJECT: RESOLUTION – Adoption of Public Participation and Decorum Rules and Procedures
At its June 12, 2025, meeting, the Village Council held a workshop regarding the potential adoption of
public participation rules and procedures. As discussed at the workshop, Section 286.0114, Florida
Statutes, requires the Village to give members of the public a reasonable opportunity to be heard on a
proposition before the Village Council, subject to rules or policies adopted by the Council. Such rules
and policies are limited to those that: (a) provide guidelines regarding the amount of time an indiv idual
has to address the Council; (b) prescribe procedures for allowing representatives of groups to address
the Council; (c) prescribe procedures or forms for an individual to use in order to inform the Council of a
desire to be heard or indicate his or her position on a proposition before the Council, and (d) designate a
specific time period for public comment. Section 286.0114, Florida Statutes, only applies to public
comment on a specific item before the Village Council and does not apply to public com ment on non-
agenda items.
Furthermore, as specifically authorized by Section 286.0114(2), Florida Statutes, municipal boards and
commissions are free to adopt decorum rules applicable to members of the public for both agenda items
and non-agenda items. A number of court decisions have upheld the right of legislative bodies to regulate
decorum at public meetings, ruling that such meetings are limited public forums, thereby allowing the
legislative body to enact content-based restrictions on speech so long as they are reasonable, applied in
a consistent manner, and viewpoint neutral.
At the conclusion of the workshop, the Village Council directed Staff to draft rules and procedures
applicable to Village meetings similar to the policies adopted by other municipalities and provided to the
Council as back up materials. The attached Resolution adopts Public Participation and Decorum Rules
and Procedures (“Rules and Procedures”) applicable to all public meetings, including Village Council
meetings and Village board and committee meetings. The proposed Rules and Procedures provide as
follows:
A. Public Participation Rules:
Each speaker shall be given (3) minutes to speak during both the public comment portion of the
agenda or to address a particular item. This time may be extended by the presiding officer or
reduced by majority vote of the Council or the Board. Speakers may not yield their allotted time
to another speaker. Public comment is limited to three minutes in total, irrespective of the number
of topics a speaker wishes to address.
Speakers shall complete a comment card and when called to speak shall identify him or herself
by name and address and indicate whether they are representing a group or organization.
Comments should be addressed to the Council or Board as a body through the presiding officer
and should not be addressed to a single Council or Board member or member of Village Staff.
Members of the Council or Board may ask the speaker questions; however, speakers shall not
attempt to engage any Council or Board member in a debate over any issue raised. Members
of the Council or Board may choose to withhold comment or address an issue raised during
public comment once the public comment portion of the meeting has closed or later in the
meeting.
During the public comment portion, speakers may address any topic related to Village business
or operations or matters of general interest to the community; however, the public comment
portion shall not be utilized to promote any commercial activity.
Public participation at a workshop session may be permitted at the discretion of the Council or
Board.
Written comments submitted in advance of a meeting shall be distributed to all members and are
part of the Village’s records; however, they shall not be read aloud unless a majority of the
Council or Board elects to do so.
B. Decorum Rules:
All Village meetings shall be conducted in an orderly and businesslike manner. All participants
and attendees shall be treated with respect.
All persons in attendance, including Council and Board members, shall adhere to the following
norms of civility:
While a speaker may speak strongly in opposition to another’s views or actions, the
character of the other person shall not be attacked.
A speaker’s tone of voice and word choice shall be appropriate for a formal, civic meeting.
The use of profanity or vulgarity or the making of defamatory or threatening comments
shall not be tolerated.
It is never appropriate to make personal derogatory remarks, comment on anyone’s
personal integrity, make personally abusive comments, or make demeaning statements
about individual persons.
Disruptive behavior and outbursts from the audience, including yelling, clapping, booing,
or whistling, shall not be tolerated.
C. Enforcement:
Should the presiding officer determine that a rule of procedure or decorum has been violated, the
presiding officer shall interrupt the meeting and give the violator a verbal warning to cease such
conduct. The presiding officer shall inform the violator that any subsequent violations may result
in his or her removal from the meeting.
Following the issue of a verbal warning, should the presiding officer determine that a rule of
procedure or decorum has again been violated by the same person at the same meeting, the
presiding officer shall direct the violator to leave the meeting. In the event the violator is requested
to leave and refuses, the presiding officer may recess the meeting and direct Village law
enforcement personnel to assist.
Any determination by the presiding officer regarding enforcement of a rule of procedure or
decorum may be overruled by a majority of the Council or Board members present at the meeting.
The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney.
There is no fiscal impact.
Recommendation:
Village Staff requests Council consideration of the attached Resolution adopting Public
Participation and Decorum Rules and Procedures in accordance with Village policies and
procedures.
Page 1 of 2
RESOLUTION 2025-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADOPTING PUBLIC PARTICIPATION
AND DECORUM RULES AND PROCEDURES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 286.0114, Florida Statutes, requires that any municipal board or commission
give members of the public a reasonable opportunity to be heard on a proposition before the board
or commission, with certain exceptions outlined in Section 286.0114(3), Florida Statutes; and
WHEREAS, Section 286.0114(2), Florida Statutes, specifically provides that the right of public
participation does not prohibit a municipal board or commission “from maintaining orderly
conduct or proper decorum in a public meeting,” and specifically authorizes the adoption of rules
and procedures governing public comment; and
WHEREAS, numerous court decisions have upheld the right of legislative bodies to regulate
decorum at public meetings, ruling that such meetings are limited public forums, thereby allowing
the legislative body to enact content-based restrictions on speech so long as they are reasonable,
applied in a consistent manner, and viewpoint neutral; and
WHEREAS, the Village Council wishes to adopt public participation and decorum rules and
procedures applicable to meetings of the Village Council and all Village boards and committees;
and
WHEREAS, the Village Council determines that the adoption of this Resolution in the interests of
the public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified and are incorporated herein.
Section 2. The Village Council hereby adopts Public Participation and Decorum Rules and
Procedures, a copy of which is attached hereto and incorporated herein by reference.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void,
such holding shall not affect the remainder of the Resolution.
Section 5. This Resolution shall take effect immediately upon adoption.
Page 2 of 2
PASSED AND ADOPTED THIS _____ DAY OF ________________, 2025.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 3
VILLAGE OF NORTH PALM BEACH
PUBLIC PARTICIPATION AND DECORUM
RULES AND PROCEDURES
A. Public Participation
The Village of North Palm Beach welcomes comments from the public, and all members
of the public shall be given a reasonable opportunity to make general comments and be
heard on items placed on the agenda at any public meeting, subject to the rules and
procedures set forth herein.
B. Applicability
These rules shall apply to all public meetings of the Village Council, the Planning, Zoning
and Adjustment Board and any other Village board or committee. Additionally, in
accordance with Section 286.0114(3)(a-d), Florida Statutes, the right of public
participation shall not apply to the following:
1. An official act that must be taken to deal with an emergency situation affecting the
public health, safety, and welfare if compliance with these rules and policies would
cause an unreasonable delay in the ability of the Council or Board to act;
2. An official act involving no more than a ministerial act, including, but not limited to,
approval of minutes and ceremonial proclamations;
3. A meeting that is exempt from Section 286.011, Florida Statutes (“Government in
the Sunshine Law”) including, but not limited to, attorney-client sessions and
collective bargaining strategy sessions; and
4. An item during which the Council or Board is acting in a quasi-judicial capacity,
during which different rules and timeframes may be applicable.
C. Public Participation Rules
1. Each speaker shall be given an opportunity to speak for three (3) minutes during
the public comment portion of the meeting or to address a particular agenda item.
This time may be extended by the presiding officer or reduced by majority vote of
Page 2 of 3
the Council or Board. Speakers may not yield their allotted time to another
speaker.
2. The public comment portion is limited to a total of three (3) minutes per speaker
irrespective of the number of topics the speaker wishes to address.
3. All speakers shall complete a comment card, indicating whether they wish to speak
during the public comment portion or address a specific agenda item, and hand
the comment card to the Village Clerk.
3. When called to speak by the presiding officer, the speaker shall step up to the
podiums. Each speaker shall identify him or herself by name and address. The
speaker shall state whether he or she is speaking on behalf of a group or
organization and identify the group or organization.
4. All comments should be addressed to the Council or the Board as a body through
the presiding officer. No speaker should address comments to a single member
of the Council or Board, the Village Manager, the Village Attorney, the Village
Clerk, or any other member of Village Staff unless a majority of the Council or
Board members agree to allow such comments.
5. A Council or Board member may ask the speaker questions to clarify the speaker’s
comments; however, speakers shall not attempt to engage any member of the
Council or the Board in a debate over any issue raised.
6. Any person wishing to address an item not on the agenda or on the consent
agenda shall speak under the public comment portion of the meeting. Members
of the Council or Board may choose to withhold comment or address the issue
once the public comment portion of the meeting has closed or durin g the Council
or Board member comment portion of the agenda. The Village Council may
request that the Village Manager take action on requests or comments made by
members of the public.
7. During the public comment portion, speakers may address any topic related to
Village business or operations or matters of general interest to the community.
However, the public comment portion shall not be utilized to promote any
commercial activity.
8. There is no right to public participation at a workshop session. Public participation
during workshop sessions may be permitted at the discretion of the Council or
Board.
9. Written comments submitted in advance of the meeting shall be distributed to all
Council or Board members and are part of the Village’s records; however, they
shall not be read aloud at the meeting unless a majority of the Council or Board
elects to do so.
Page 3 of 3
D. Decorum Rules
1. All Village meetings shall be conducted in an orderly and businesslike manner. All
participants and attendees shall be treated with respect.
2. The Village is committed to the principles of civility. All persons in attendance,
including Council and Board members, shall adhere to the following norms of
civility:
a. While a speaker may speak strongly in opposition to another’s views
or actions, the character of the other person shall not be attacked.
c. A speaker’s tone of voice and word choice shall be appropriate for a
formal, civic meeting. The use of profanity or vulgarity or the making
of defamatory or threatening comments shall not be tolerated.
d. It is never appropriate to make personal derogatory remarks,
comment on anyone’s personal integrity, make personally abusive
comments, or make demeaning statements about individual
persons.
e. Disruptive behavior and outbursts from the audience, including
yelling, clapping, booing, or whistling, shall not be tolerated.
E. Enforcement of Public Participation and Decorum Rules
1. Should the presiding officer determine that a rule of procedure or decorum has
been violated, the presiding officer shall interrupt the meeting and give the violator
a verbal warning to cease such conduct. The presiding officer shall inform the
violator that any subsequent violations may result in his or her removal from the
meeting.
2. Following the issue of a verbal warning, should the presiding officer determine that
a rule of procedure or decorum has again been violated by the same person at the
same meeting, the presiding officer shall direct the violator to leave the meeting.
In the event the violator is requested to leave and refuses, the presiding officer
may recess the meeting and direct Village law enforcement personnel to assist.
3. Any determination by the presiding officer regarding enforcement of a rule of
procedure or decorum may be overruled by a majority of the Council or Board
members present at the meeting.
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: July 10, 2025
SUBJECT: WORKSHOP – Ordinance Adopting Tree Preservation Requirements and Tree Removal
Permits.
The Village Council requested that this office prepare a draft Tree Preservation Ordinance, including a
tree removal permit process, for the Council’s consideration and input. The preliminary draft provided by
Vice Mayor Interlandi has been revised and placed in Ordinance form.
The proposed Ordinance amends the Village’s Zoning Code and seeks to protect identified native trees
and swale trees throughout the Village as follows:
Requires a tree removal permit for protected trees. Protected trees are defined as native trees
(of the type and size identified in Section 45-103) and swale trees.
Provides for exemptions to permit requirements for: (1) trees on single-family lots posing an
unacceptable risk to persons or property as set forth in Section 163.045, Florida Statutes; (2)
removal of trees by the Village’s Public Works Department; (3) removal of trees that have been
effectively destroyed by an Act of God or external forces; (4) routine pruning and maintenance
that does not result in irreversible damage; (5) removal of invasive species; (6) removal of fruit
trees; and (7) removal of a dead tree.
Provides for review (and approval, approval with conditions, or denial) of tree removal permit
applications by the Building and Zoning Director or designee.
Requires that all development proposals (land development applications and building permits)
provide for tree preservation and the evaluation of all alternative strategies.
Provides mitigation requirements for tree removal in the form of relocation or replacement. If no
viable relocation or replacement options exist, a contribution can be made to the Village’s tree
trust fund.
Provides for the retention of a registered landscape architect and/or a certified arborist to assist
with administration of the tree preservation requirements.
Provides for enforcement through code enforcement proceedings or any lawful means. The
proposed Ordinance also provides for additional penalties such as triple the permit fee, enhanced
mitigation, and the issuance of a stop work order.
Establishes a tree trust fund and restricts the use of such funds to: purchasing and planting trees
on real property within the Village; funding public educational outreach programs; funding tree
giveaways to residents; and supporting urban forestry programs and tree maintenance and/or
preservation throughout the Village.
The cost of the tree removal permit and the required payments into the tree trust fund will be established
through a separate resolution or added to the Village’s adopted fee schedule for upcoming Fiscal Year.
Recommendation:
Village Staff seeks Council consideration, input, and guidance regarding the proposed Ordinance
adopting tree preservation requirements and tree removal permits.
Page 1 of 8
ORDINANCE NO. 2025-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 4
45), “ZONING,” OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING 5
A NEW ARTICLE IX, “TREE PRESERVATION;” PROVIDING FOR THE 6
PURPOSE AND APPLICABILITY; PROVIDING FOR DEFINITIONS; 7
PROVIDING FOR PERMIT REQUIREMENTS, ISSUANCE, FEES, AND 8
EXEMPTIONS; PROVIDING FOR PRESERVATION AND MITIGATION 9
REQUIREMENTS; PROVIDING FOR ENFORCEMENT AND PENALTIES; 10
PROVIDING FOR A TREE TRUST FUND; PROVIDING FOR 11
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 12
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 13
14
WHEREAS, the Village of North Palm Beach recognizes the environmental, aesthetic, and 15
stormwater management benefits provided by trees, particularly native and swale trees; and 16
17
WHEREAS, Objective 1.9 of the Future Land Use Element of the Village’s Comprehen sive Plan 18
encourages the protection and enhancement of the Village’s tree population, and Policy 1.9.7 19
encourages the protection of existing trees by creating mitigation provisions in the Village’s land 20
development regulations; and 21
22
WHEREAS, the Village wishes to revise its land development regulations to create a process 23
regulating the removal of protected trees, i.e., native trees and swale trees; and 24
25
WHEREAS, the Village’s Planning, Zoning and Adjustment Board held a public hearing on the 26
proposed regulations and provided a recommendation to the Village Council; and 27
28
WHEREAS, the Village Council determines that the protection and preservation of trees contribute 29
to the health, safety and welfare of the Village and its residents and that the adoption of this 30
Ordinance is in the interests of the public health, safety, and welfare. 31
32
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 33
OF NORTH PALM BEACH, FLORIDA as follows: 34
35
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 36
37
Section 2. The Village Council hereby amends Appendix C (Chapter 45) of the Village Code 38
of Ordinances by adopting a new Article IX, “Tree Preservation,” to read as follows: 39
40
ARTICLE IX. TREE PRESERVATION 41
42
Sec. 45-101. Purpose. 43
44
The village recognizes the essential role that trees play in enhancing 45
environmental quality, supporting biodiversity, improving air and water resources, 46
and providing shade and aesthetic value. Preserving and protecting trees, 47
particularly native trees, assists in maintaining the village’s ecological balance, 48
Page 2 of 8
strengthens climate resilience, and upholds the village’s commitment to responsible 1
land stewardship. This article encourages preservation and requires mitigation for 2
the loss of valuable swale and native trees through relocation, replacement, and/or 3
contribution to the tree trust fund. 4
5
Sec. 45-102. Applicability. 6
7
(a) The provisions of this article apply to all parcels of real property 8
located within the village. 9
10
(b) Unless otherwise provided in this article, no person, firm, 11
corporation, association, or agency shall destroy, remove, or relocate a protected 12
tree from any parcel of real property, including commercial properties, without first 13
obtaining a tree permit from the village. 14
15
(c) This article is intended to complement and not conflict with other 16
village, state, and federal environmental regulations. However, in the case of such 17
conflict, the more restrictive regulations shall apply. 18
19
Sec. 45-103. Definitions. 20
21
For purposes of this article, the following definitions shall apply: 22
23
Diameter at breast height (DBH) means the measurement of a tree’s trunk 24
diameter at four and one-half (4.5) feet above the ground. For multi-trunk trees, 25
DBH shall be the sum of the diameters of all trunks measured at 4.5 feet above 26
grade. 27
28
Native tree means any tree or palm of the following listed species that are 29
indigenous to South Florida and meet the size thresholds as follows: 30
Common Name Scientific Name Size
Live Oak Quercus virginiana 6” DBH
Gumbo Limbo Bursera simaruba 6” DBH
Slash Pine Pinus elliottii 6” DBH
Pigeon Plum Coccoloba diversifolia 4” DBH
Paradise Tree Simarouba glauca 4” DBH
Wild Tamarind Lysiloma latisiliquum 4” DBH
Green Buttonwood Conocarpus erectus 4” DBH
Dahoon Holly Ilex cassine 3” DBH
Page 3 of 8
Satinleaf Chrysophyllum oliviforme 3” DBH
Florida Mastwood Sideroxylon foetidissimum 4” DBH
Mahogany Swietenia mahagoni 6” DBH
Bald Cypress Taxodium distichum 6” DBH
Red Maple Acer rubrum 4” DBH
Cabbage Palm Sabal palmetto 12’ of clear trunk
Thatch Palm Thrinax radiata 8’ of clear trunk
Any other tree that is
indigenous to South Florida
and listed in the Florida
Native Plant Atlas
6” DBH
1
Protected tree means: (i) any listed native tree that meets the size criteria 2
set forth above; and (ii) any swale tree regardless of size. 3
4
Swale tree means any tree located within the public right-of-way adjacent to a 5
roadway, typically between the sidewalk and the paved roadway. 6
7
Sec. 45-104. Permit requirement. 8
9
(a) No person shall remove, destroy, or relocate any protected tree 10
without first obtaining a tree removal permit from the village, unless otherwise 11
exempt pursuant to Section 45-106 below. 12
13
(b) A tree removal permit may be obtained after completing and 14
submitting a permit application to the village’s building and zoning department. 15
The permit application shall be deemed complete when the application fee and all 16
information necessary to understand the extent, nature and potential impacts of the 17
proposed removal, destruction, or relocation are received by the village. The permit 18
application information may include, but is not limited to, the following: 19
20
1. The property owner’s information and location of the tree(s). 21
22
2. Tree size, diameter at breast height, and common name or scientific 23
name. 24
25
3. A justification for removal, destruction, or relocation. 26
27
4. A site plan or photograph showing the tree(s). 28
29
Page 4 of 8
5. A proposed mitigation plan as required under section 45-109 below. 1
2
6. A survey showing the tree or trees to be removed, any relocated 3
trees, and any trees proposed for installation. 4
5
7. Parcel information including the parcel control number (PNC) and 6
street address. 7
8
8. A completed application form with the signature of the property 9
owner, or authorized agent of the property owner with agent 10
authorization letter. 11
12
Sec. 45-105. Permit fees. 13
14
The village shall establish a fee schedule for all matters related to tree 15
removal, relocation, replacement, monetary contributions, and administrative 16
reviews. 17
18
Sec. 45-106. Exemptions. 19
20
The following activities are exempt from the permit requirements: 21
22
1. Removal of a tree pursuant from residential property pursuant to 23
Section 163.045, Florida Statutes, as amended, if the property owner 24
possesses documentation from an arborist certified by the 25
International Society of Arboriculture or a Florida licensed 26
landscape architect that the tree poses an unacceptable risk to 27
persons or property. A tree poses an unacceptable risk to persons or 28
property if removal is the only means of practically mitigating its 29
risk below moderate, as determined by the tree risk assessment 30
procedures outlined in Best Management Practices - Tree Risk 31
Assessment, Second Edition (2017). For purposes of this section, 32
“residential property” means a single-family detached building 33
located on a lot that is actively used for single-family residential 34
purposes and is either a conforming use or a legally recognized 35
nonconforming use under the village's zoning regulations. Parcels 36
or lots that comprise the common elements or community property, 37
in whole or in part, of a planned unit development or a mixed-use 38
development shall not be considered "residential property" for 39
purposes of this exemption. 40
41
2. Removal of a tree by the village’s public works department for 42
public safety or infrastructure maintenance purposes. 43
44
3. Removal of trees that have been destroyed or effectively destroyed 45
by an act of god or external forces beyond the control of the property 46
owner, where such destruction could not have been prevented with 47
reasonable care. 48
49
Page 5 of 8
4. Routine pruning and maintenance that does not result in irreversible 1
damage. 2
3
5. Removal of invasive species as listed by the Florida Invasive 4
Species Council. 5
6
6. Removal of fruit trees. 7
8
7. Removal of any dead tree. 9
10
Sec. 45-107. Issuance of tree removal permit. 11
12
(a) The building and zoning director or designee shall review each 13
completed permit application using objective criteria determined by the village and 14
best practices from biology, botany, forestry, landscape architecture, and other 15
relevant fields. 16
17
(b) A tree removal permit may be issued when the application 18
requirements are satisfied and one or more of the following conditions exist: 19
20
1. The tree constitutes an unreasonable impediment to an existing or 21
proposed permitted use of the property by virtue of its location in a 22
buildable area or yard area where structures or improvements are to 23
be placed and, at the determination of the village, preservation is not 24
feasible under any reasonable alternative. 25
26
2. The tree interferes with utility services. 27
28
3. The tree creates unsafe vision clearances. 29
30
4. The tree conflicts with other village ordinances or regulations. 31
32
5. The tree is a prohibited tree species, listed as a Category 1 Exotic 33
Pest & Invasive Plant by the Florida Invasive Species Council (in 34
the event of removal of a prohibited tree species, no fee shall be 35
required). 36
37
6. The village requires the tree to be removed. 38
39
(c) Upon approval of the permit application, the building and zoning 40
director or designee shall approve, approve with conditions, or deny the tree 41
removal permit. Tree removal permits shall expire and become null and void if 42
work is not commenced within ninety (90) calendar days from the date of permit 43
issuance. 44
45
Sec. 45-108. Preservation requirements. 46
47
(a) To the fullest extent practicable, all development proposals (land 48
development applications or building permit applications) shall provide for the 49
Page 6 of 8
protection or relocation of existing trees with a tree disposition plan, as required by 1
Section 45-86 of this chapter. 2
3
(b) If a protected tree cannot be preserved under a proposed 4
development plan, the applicant must demonstrate that they have evaluated 5
alternative plans that prioritize tree preservation while allowing reasonable 6
development. 7
8
(c) Alternative strategies may include, without limitation, one or more 9
of the following: 10
11
1. Adjusting building orientation. 12
13
2. Modifying lot lines for multi-lot developments, when feasible. 14
15
3. Implementing site design techniques (e.g., pervious pavement, 16
foundation adjustments) to protect root systems. 17
18
4. Using tree wells, retaining walls, or engineering solutions to 19
integrate the tree into the development footprint. 20
21
(d) The applicant must demonstrate that preservation is not feasible 22
under any reasonable alternative. Mitigation as specified in section 45-109 below 23
is required for tree removal to accommodate new development on improved and 24
unimproved properties. 25
26
Sec. 45-109. Mitigation requirements. 27
28
To ensure the continued ecological and aesthetic benefits provided by trees, 29
mitigation shall be required for all tree removal. Property owners or applicants shall 30
implement one or more of the following mitigation measures as determined by the 31
building and zoning director or designee. 32
33
1. Relocation. If feasible, relocation of the tree is the village’s 34
preferred mitigation. Relocation should occur on-site when feasible. 35
If on-site relocation is not feasible, off-site relocation in a village-36
approved location is required. Where appropriate, a combination of 37
on-site and off-site relocation may be considered by the building and 38
zoning director or designee. 39
40
2. Replacement. If relocation is not feasible, the removed tree must be 41
replaced with native trees (selected from a village-approved list) 42
such that the total caliper of replacement trees is equal to or greater 43
than the DBH of the removed tree. Replacement should occur on-44
site (preferred) or at a location approved by the village council for 45
tree mitigation. 46
47
a. Trees or palms that are relocated and do not survive in the 48
first nine (9) months from the date of installation shall be 49
Page 7 of 8
replaced by the applicant at the applicant’s expense. 1
Replacement trees shall be the same species, or an alternate 2
species approved by the building and zoning director or 3
designee. 4
5
b. The required mitigation ratio for protected trees shall be 1:1 6
inches DBH. 7
8
c. All replacement mitigation trees must be planted within 9
ninety (90) days of the issuance of the tree permit, or prior 10
to issuance of conditional certificate of occupancy or first 11
certificate of occupancy, except for tree replacements in 12
connection with major storm events. 13
14
3. Tree trust fund. If no viable relocation or replacement options exist, 15
the applicant shall contribute to the village’s tree trust fund in 16
accordance with the adopted fee schedule. 17
18
4. Development projects. If tree removal is proposed as part of a 19
development project, the village shall consider whether reasonable 20
modifications to the project design could preserve the tree(s) before 21
granting approval for removal. 22
23
5. Financial hardship. If an applicant demonstrates financial hardship, 24
phased replacement or installment contributions to the tree trust 25
fund may be approved. 26
27
Sec. 45-110. Retention of licensed professionals. 28
29
The building and zoning director or designee is authorized to engage 30
services of a licensed landscape architect and/or a certified arborist, as deemed 31
necessary, to render any determinations required by this article. 32
33
Sec. 45-111. Enforcement and Penalties. 34
35
(a) All violations of this article shall be enforced through the code 36
enforcement process or any other lawful means available to the village. 37
38
(b) In addition to code enforcement proceedings initiated pursuant to 39
subsection (a) above, unauthorized tree removal may result in the following 40
additional penalties: 41
42
1. Triple permit fee for each violation, with each tree 43
constituting a separate violation; 44
45
2. Mitigation at an increased ratio of [2:1] inches DBH; and 46
47
3. The issuance of a stop-work order. 48
Page 8 of 8
Sec. 45-112. Tree trust fund. 1
2
(a) A tree trust fund is hereby established for the purpose of accruing revenues 3
generated by the receipt of monies collected as mitigation for trees removed. The funds in 4
the tree trust fund may be used to pay for the following activities: 5
6
1. Purchasing and planting trees on real property within the village; 7
8
2. Funding public educational outreach programs; 9
10
3. Funding tree giveaways to residents that promote tree preservation; or 11
12
4. Supporting urban forestry programs, tree maintenance, and/or preservation 13
throughout the village. 14
15
(b) Expenditures from the tree trust fund shall be approved by the village 16
manager or designee. 17
18
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 19
the Village of North Palm Beach, Florida. 20
21
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 22
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, 23
such holding shall not affect the remainder of this Ordinance. 24
25
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 26
conflict herewith are hereby repealed to the extent of such conflict. 27
28
Section 6. This Ordinance shall take effect upon adoption. 29
30
PLACED ON FIRST READING THIS ____ DAY OF ____________, 2025. 31
32
PLACED ON SECOND, FINAL READING AND PASSED THIS ____ DAY OF ____________, 33
2025. 34
35
36
(Village Seal) 37
MAYOR 38
39
ATTEST: 40
41
42
VILLAGE CLERK 43
44
APPROVED AS TO FORM AND 45
LEGAL SUFFICIENCY: 46
47
48
VILLAGE ATTORNEY 49