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10-22-2020 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, OCTOBER 22, 2020 501 U.S. HIGHWAY 1 7:30 PM Susan Bickel Mark Mullinix David B. Norris Darryl C. Aubrey Deborah Searcy Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk In accordance with Palm Beach County Emergency Order Number 28, to the extent not in conflict with applicable laws, all individuals, businesses and establishments are required to adhere to all applicable social distancing guidelines issued by the Centers for Disease Control and Prevention ("CDC"). In order to reduce the spread of COVID-19, the CDC recommends that all persons continue to social distance by staying at least six feet away from other people who are not a part of their household in both indoor and outdoor spaces. Consequently, given the limited space within the Village Council Chambers, the Village of North Palm Beach shall utilize communications media technology to facilitate and encourage public participation in this meeting electronically, via internet access or telephone. INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/84963607781?pwd=L3hGeFFPYUVMZXBDazV6a0xjT3lEQT09 Meeting ID: 849 6360 7781 Passcode: 412313 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 849 6360 7781 Passcode: 412313 Public Comments: Public comments can be submitted by filling out the public comment form that can be accessed by clicking the following link Public Comment Card. Public comments can also be made by leaving a voice message at 561-904-2126. All public comments will be read into the record at the Public Comment portion of the meeting. Regular Session Agenda, October 22, 2020 Page 2 of 3 For full detailed instructions on how to the join the meeting by either telephone or by computer please see the Village of North Palm Beach Village Council webpage or click on the following links: Instructions for attending Village Council Meeting by phone Instructions for attending Village Council Meeting by computer AGENDA ROLL CALL INVOCATION - VICE MAYOR PLEDGE OF ALLEGIANCE - MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held October 8, 2020 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 Chambers) 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 2020-21 – CODE AMENDMENT – COMMERCIAL ACTIVITIES PROHIBITED IN PARK FACILITIES AND RECREATION AREAS Consider a motion to adopt on first reading Ordinance 2020-21 amending Article I, "In General," of Chapter 20, "Parks, Playgrounds and Recreation," to adopt a new section 20-10, "Commercial Activities Prohibited." 3. PUBLIC HEARING AND 2ND READING OF ORDINANCES 2020-10 THROUGH 2020-20 – REZONING COMMERCIAL PROPERTIES Consider a motion to adopt and enact on second reading Ordinances rezoning several commercial properties for consistency with the Village's new land development regulations. 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. 4. RESOLUTION – Amending Resolution 2020-16 to remove Truck 82 from the list of vehicles to be surplused and to reassign the vehicle to the North Palm Beach Country Club. 5. Receive for file Minutes of the Planning Commission meeting held 9/1/20. Regular Session Agenda, October 22, 2020 Page 3 of 3 OTHER VILLAGE BUSINESS MATTERS 6. MOTION – CONFIRMATION OF DEPUTY VILLAGE CLERK APPOINTMENT Consider a motion to confirm the appointment of Tammy Held as Deputy Village Clerk. 7. RESOLUTION – SANITATION TRUCK PURCHASE Approving the acquisition of a 2020 Mack Rear Loader Sanitation vehicle from Nextran Corporation d/b/a/ Nextran Truck Center of Riviera Beach pursuant to pricing established in an existing Florida Sheriff's Association contract; approving a seven-year lease agreement with Pinnacle Public Finance, Inc. at a total cost of $273,023.56 over the term of the lease; and declaring an existing Rear Loader Sanitation vehicle as surplus property. 8. RESOLUTION – PAYMENT TO FARMER'S TABLE FOR PAVILION BUILDOUT Approving a payment to Farmer's Table in the amount of $48,256.89 for the buildout of the Country Club Clubhouse pavilion and establishing a value of the pavilion and pool concession improvements pursuant to the third amendment to the lease agreement. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS 9. Lakeside Park Bulkhead Engineering Design Review REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 8, 2020 Present: Susan Bickel., Mayor Mark Mullinix, Vice Mayor David B. Norris, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Deborah Searcy, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Bickel called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Mullinix gave the invocation and Mayor Bickel led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held September 24, 2020 were approved as written. PUBLIC HEARING AND MOTION – REASONABLE ACCOMMODATION REQUEST Mr. Rubin stated that the Reasonable Accommodation Request was filed by Reprieve LLC for community residences located at 800, 804, and 808 Prosperity Farms Road. Mr. Rubin began a presentation and explained that the applicant was seeking a reasonable accommodation from the Village’s definition of term family, which limits the number of unrelated persons living in a single housekeeping unit to three (3). The applicant was seeking approval for four (4) unrelated persons to reside in each two-bedroom community residence. Mr. Rubin explained Section 45-2 of the Village code and the Federal Fair Housing Amendments Act. Mr. Rubin concluded the presentation and stated the conditions that staff was recommending for approval. Mayor Bickel opened the public hearing. There being no comments, Mayor Bickel closed the public hearing. Discussion ensued between Mr. Rubin, staff and Council regarding the Reasonable Accommodation Request. A motion was made by Councilmember Searcy and seconded by President Pro Tem Norris to approve a conditional Reasonable Accommodation Request filed by Reprieve, LLC for Community Residences located at 800, 804, and 808 Prosperity Farms Road. Thereafter, the motion passed 4 to 1 with Mayor Bickel, President Pro Tem Norris, Councilmember Aubrey and Councilmember Searcy voting aye and Vice Mayor Mullinix voting nay. Draft Minutes of Village Council Meeting held October 8, 2020 Page 2 of 8 ORDINANCES – REZONING COMMERCIAL PROPERTIES (1) ORDINANCE A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING TWENTY PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF SOUTHWIND DRIVE AND WEST OF U.S. HIGHWAY ONE TOTALING APPROXIMATELY 16.312 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (2) ORDINANCE A motion was made by Councilmember Aubrey and seconded by President Pro Tem Norris to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING FIVE PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF NORTHLAKE DRIVE AND WEST OF LAKE CIRCLE TOTALING APPROXIMATELY 2.218 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (3) ORDINANCE A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING NINE PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD WEST OF PROSPERITY FARMS ROAD AND EAST OF NORTHLAKE DRIVE TOTALING APPROXIMATELY 4.241 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (4) ORDINANCE A motion was made by Councilmember Aubrey and seconded by Vice Mayor Mullinix to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING FIVE PARCELS OF PROPERTY LOCATED ON THE Draft Minutes of Village Council Meeting held October 8, 2020 Page 3 of 8 (4) ORDINANCE continued NORTH SIDE OF NORTHLAKE BOULEVARD WEST OF ALTERNATE A1A AND EAST OF PROSPERITY FARMS ROAD TOTALING APPROXIMATELY 2.956 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (5) ORDINANCE A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE NORTH OF THE C-17 CANAL (400 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 1.76 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (6) ORDINANCE A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTHEAST CORNER OF U.S. HIGHWAY ONE AND ANCHORAGE DRIVE SOUTH (500 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 1.94 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (7) ORDINANCE A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING TWO PARCELS OF PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE NORTH OF EBBTIDE DRIVE (639 U.S. HIGHWAY ONE/POETS WALK MEMORY CARE) TOTALING APPROXIMATELY 2.73 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Draft Minutes of Village Council Meeting held October 8, 2020 Page 4 of 8 (8) ORDINANCE A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. HIGHWAY ONE AND ANCHORAGE DRIVE SOUTH (420 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 2.72 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (9) ORDINANCE A motion was made by Vice Mayor Mullinix and seconded by Councilmember Searcy to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF PROSPERITY FARMS ROAD NORTH OF NORTHLAKE BOULEVARD (300 PROSPERITY FARMS ROAD) TOTALING APPROXIMATELY 0.57 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (10) ORDINANCE A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE OF YACHT CLUB DRIVE WEST OF U.S. HIGHWAY ONE (1037 MARINA DRIVE) TOTALING APPROXIMATELY 11.80 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (11) ORDINANCE A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTHEAST CORNER OF CASTLEWOOD DRIVE AND WETTAW LANE (200 CASTLEWOOD DRIVE) TOTALING APPROXIMATELY 0.77 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL Draft Minutes of Village Council Meeting held October 8, 2020 Page 5 of 8 (11) ORDINANCE continued DISTRICT TO THE C-S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (12) ORDINANCE A motion was made by Councilmember Aubrey and seconded by President Pro Tem Norris to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE SHORE COURT EAST OF U.S. HIGHWAY ONE (139 SHORE COURT) TOTALING APPROXIMATELY 1.46 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (13) ORDINANCE A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to adopt on first reading an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A VACANT PARCEL OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. HIGHWAY ONE AND YACHT CLUB DRIVE (200 YACHT CLUB DRIVE) TOTALING APPROXIMATELY 1.41 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C- MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Jeremy Hubsch explained that the Ordinances would rezone certain properties to make them consistent with the new zoning districts that were approved on September 24th. Mr. Hubsch began a presentation and explained which properties would be rezoned. Thereafter, the motions to adopt the thirteen (13) Ordinances rezoning commercial properties on first reading passed unanimously. CONSENT AGENDA Councilmember Searcy moved to approve the Consent Agenda. President Pro Tem Norris seconded the motion which passed unanimously. The following items were approved: Motion – Approving the suspension of the 11/26/20 and 12/24/20 Council meetings in observance of national holidays. Receive for file Minutes of the Golf Advisory Board meeting held 8/17/20. Receive for file Minutes of the Library Advisory Board meeting held 9/22/2020. Draft Minutes of Village Council Meeting held October 8, 2020 Page 6 of 8 RESOLUTION 2020-63 – FRDAP GRANT FOR TENNIS COURT IMPROVEMENTS A motion was made by President Pro Tem Norris and seconded by Vice Mayor Mullinix to adopt Resolution 2020-63 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE RECEIPT OF FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT FUNDS FOR TENNIS COURT IMPROVEMENTS AND AUTHORIZING EXECUTION OF THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Country Club General Manager Beth Davis explained the reason for obtaining the grant. Ms. Davis stated that the grant funds would be used to laser grade four to five tennis courts and to place approximately 240 linear feet of channel drains and landscape around the courts. The work will begin in May of 2021. Thereafter, the motion to adopt Resolution 2020-63 passed unanimously. RESOLUTION 2020-64 – ENGINEERING SERVICES FOR ANCHORAGE PARK MARINA DRY STORAGE COMPOUND RENOVATION PROJECT A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt Resolution 2020-64 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM ENGENUITY GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE ANCHORAGE PARK MARINA DRY STORAGE COMPOUND RENOVATION PROJECT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. Russ Ruskay, Recreation Manager stated that the proposal was for design services for the Anchorage Park Marina Dry Storage renovation project on the north side of the park only. Mr. Ruskay discussed the current condition of the dry storage and the waiting lists for dry storage spaces. Mr. Ruskay stated that trailer parking spaces would be increased from 20 spaces to 34 spaces. Emily O’Mahoney from 2GHO began a presentation of the design concepts for the dry storage renovation project. Councilmember Aubrey asked for the total amount budgeted for the project. Mr. Ruskay stated that $400,000 was budgeted for the project and that $200,000 of that budget would be provided by grant funds. Mr. Ruskay stated that the total cost of the project would be dependent on what options were chosen. Vice Mayor Mullinix asked if the south side dry storage would be affected. Mr. Ruskay explained that the south side storage would be removed and moved to the north side storage. This would open up the south side to include more trailer parking spaces. Vice Mayor Mullinix expressed his concerns regarding the proposed loss of the south side dry storage and having too much asphalt and not enough green space at the park. Draft Minutes of Village Council Meeting held October 8, 2020 Page 7 of 8 RESOLUTION 2020-64 – ENGINEERING SERVICES FOR ANCHORAGE PARK MARINA DRY STORAGE COMPOUND RENOVATION PROJECT continued Discussion ensued between staff and Council regarding the proposed design for the project. Councilmember Searcy asked if the Recreation Advisory Board’s recommendations would be taken into consideration when designing the project. Mr. Ruskay stated that the Recreation Advisory Board’s recommendations would be forwarded to the design team and the design options would be brought back to Council and the Recreation Advisory Board. Thereafter, the motion to adopt Resolution 2020-64 passed unanimously. RESOLUTION 2020-65 – PARKS AND RECREATION NEEDS ASSESSMENT CONTRACT A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt Resolution 2020-65 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY BARTH ASSOCIATES LLC TO CONDUCT A PARKS AND RECREATION NEEDS ASSESSMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose and need for a Recreation Needs Assessment. Mr. Ruskay gave a brief background regarding the need for a Recreation Needs Assessment. Mr. Ruskay explained what a Recreation Needs Assessment would provide and what would take place once it was implemented. Mr. Ruskay stated that Mr. Barth from Barth and Associates was present for questions if needed. Discussion ensued between staff, Mr. Barth and Council regarding the purpose and implementation of a Recreation Needs Assessment. Vice Mayor Mullinix and President Pro Tem Norris expressed their concerns with the timing of the Recreation Needs Assessment. Discussion ensued between Councilmembers regarding the timing of the Recreation Needs Assessment and whether or not it should be postponed until after the consequences and new reality of the Covid-19 pandemic were determined. Thereafter, the motion to adopt Resolution 2020-65 passed 3 to 2 with Mayor Bickel, Councilmember Aubrey and Councilmember Searcy voting aye and Vice Mayor Mullinix and President Pro Tem Norris voting nay. Draft Minutes of Village Council Meeting held October 8, 2020 Page 8 of 8 VILLAGE COUNCIL MATTERS/REPORTS Vice Mayor Mullinix stated that the new Country Club Monument Sign was amazing and impressive. Councilmember Searcy stated that certain members of Advisory Boards whose terms had expired had not yet been brought back for reappointment. Councilmember Searcy recommended re- evaluating the Village’s Advisory Boards and Committees, and giving a one-year extension to board members whose terms expired in April 2020. Discussion ensued between Councilmembers regarding the re-evaluation of the Village’s Advisory Boards and Committees, and an extension of terms. Council came to consensus to give board members whose terms expired in 2020 a one-year extension and to discuss and re-evaluate the Village’s Advisory Boards and Committees at a future Council meeting. Mayor Bickel stated she was able to have Allamanda Elementary school participate with the Village in the Read for the Record event. Mayor Bickel stated that she would send out an email to all Village employees asking for participation. VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik stated that Council and staff would be physically returning to the Council Chambers for the next Council meeting on October 22nd. The meeting will also be conducted virtually utilizing Zoom which would make the meeting accessible to the public. Social distancing protocols will still be in place and Plexiglas has been installed on the dais for the safety of the Councilmembers. Mr. Lukasik gave an update on the life safety issue at the Rocket Fuel property and stated that Code Enforcement and Community Development staff were working on addressing the issue. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:57 p.m. VILLAGE OF NORTH PALM BEACH PARKS & RECREATION TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Stephen Poh, Director of Parks & Recreation DATE: October 22, 2020 SUBJECT: ORDINANCE 1st Reading – Amending Chapter 20 (Parks, Playgrounds and Recreation) of the Code of Ordinances to adopt a new Section 20-10 prohibiting commercial activities Village staff is recommending the adoption of an Ordinance amending Chapter 20 (Parks, Playgrounds and Recreation) of the Village Code of Ordinances to adopt a new section prohibiting commercial activities from taking place within the limits of any village park or recreational area, including the North Palm Beach Country Club. Background: There have been a number of recent incidents involving private businesses using Village property to generate revenue. The private use of public property for business purposes is not appropriate without a vetting process and/or fair compensation to the Village, and the private use of Villag e property, when not permitted, interferes with the recreational use of such property by Village residents and other members of the public. Staff has received multiple complaints from residents regarding private use of public facilities:  Fitness companies have set up equipment at the Lakeside Park basketball court and the Community Center fields to conduct classes;  A car wash company and a food truck attempted to set up in Lakeside Park parking lot area to conduct business;  At Anchorage Park, instructors have used the Village’s sand volleyball and tennis courts to give lessons without permission; and  Soccer instructors have hosted training sessions on the Osborne Park baseball fields. Although the Police Department has assisted Parks and Recreation staff by enforcing trespassing ordinances, a clear prohibition of any unpermitted commercial activities will provide staff with another tool to prevent unauthorized private use of the Village’s parks and recreation facilities. Ordinance Detail: The proposed amendment will prohibit commercial activities in the Village’s parks without a permit. Commercial activities will include the display or offer for sale, rent or trade any article, service or thing or place any stand, equipment, cart or vehicle for the transport, sale or display of any food, drink, article or merchandise. No person can engage in a commercial or group activity for compensation or solicit any business within the limits of any village park or recreational area, including the North Palm Beach Country Club. The attached Ordinance has been prepared and reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Council consideration and adoption on first reading of the attached Ordinance amending Chapter 20 of Parks, Playgrounds and Recreation to adopt a new Section 20-10 prohibiting unauthorized commercial activities in Village parks and recreation areas in accordance with Village policies and procedures. Page 1 of 2 ORDINANCE NO. ____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN 4 GENERAL,” OF CHAPTER 20, “PARKS, PLAYGROUNDS AND 5 RECREATION,” TO ADOPT A NEW SECTION 20-10, “COMMERCIAL 6 ACTIVITIES PROHIBITED;” PROVIDING FOR CODIFICATION; 7 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND 8 PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the Village wishes to prohibit commercial activities in Village park facilities and 11 recreation areas; and 12 13 WHEREAS, the Village Council determines that the adoption of this Ordinance promotes the 14 health, safety and welfare of the residents and citizens of the Village of North Palm Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 17 OF NORTH PALM BEACH, FLORIDA as follows: 18 19 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 20 21 Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 20, “Parks, 22 Playgrounds and Recreation,” of the Village Code of Ordinances by adopting a new Section 20-23 10 to read as follows (additional language underlined): 24 25 ARTICLE I. IN GENERAL 26 27 * * * 28 29 Sec. 20-10. Commercial activities prohibited. 30 31 No person, other than members of village staff or licensed concessionaires 32 acting under the authority of the village, shall display or offer for sale, rent or trade 33 any article, service or thing or place any stand, equipment, cart or vehicle for the 34 transport, sale or display of any food, drink, article or merchandise or engage in a 35 commercial or group activity for compensation or solicit any business within the 36 limits of any village park or recreational area, including the North Palm Beach 37 Country Club. 38 39 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 40 the Village of North Palm Beach, Florida. 41 42 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 43 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 44 such holding shall not affect the remainder of this Ordinance. 45 46 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 47 conflict herewith are hereby repealed to the extent of such conflict. 48 Page 2 of 2 Section 6. This Ordinance shall take effect immediately upon adoption. 1 2 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2020. 3 4 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 5 2020 6 . 7 8 (Village Seal) 9 MAYOR 10 11 12 ATTEST: 13 14 15 VILLAGE CLERK 16 17 18 APPROVED AS TO FORM AND 19 LEGAL SUFFICIENCY: 20 21 22 VILLAGE ATTORNEY 23 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director Leonard G. Rubin, Village Attorney DATE: October 22, 2020 SUBJECT: Ordinances 2nd Reading – Ordinances Rezoning Commercial Properties (for Consistency with new land development regulations) The Village Council adopted revised land development regulations for the Village’s commercial corridors on September 24, 2020. The revised land development regulations were created in order to implement several recommendations from the Citizen’s Master Plan. Now that the new regulations are adopted, there are a number of properties that require municipally initiated rezonings in order to be consistent with the new codes. The rezonings are needed for: 1. All properties along Northlake Boulevard between US-1 and Alternate A1A, which are going from the C-1 Neighborhood Commercial District to the newly created C-NB Northlake Boulevard Commercial District. This new zoning district will incorporate the Northlake Boulevard Overlay Zoning District (NBOZ) into its own zoning district. These properties can be seen in Exhibit 1. 2. Several properties along the US-1 corridor between Yacht Club Drive and the Earman River, which are being rezoned to the new CM-U US-1 Mixed Use District. The existing C-A Commercial District is being renamed the CM-U District. Most of the properties that will be in the CM-U District are in the existing C-A District and therefore do not need to be rezoned. However, there are several properties that currently carry different zoning designations. These properties can be seen in Exhibit 2. 3. Properties within the Village that are currently in the C-1A Limited Commercial Zoning District. The entire C-1A Limited Commercial District is being eliminated. These properties are being rezoned to the C-S Shopping Commercial District, which is the most similar zoning district to C- 1A. These properties can be seen in Exhibit 3. Public Notice The proposed rezonings require public notice to be compliant with the Village’s Code of Ordinances and Florida Statutes. Mailed notices have been sent to all property owners that are being rezoned. Rezoning signs have been posted every 500 feet of right -of-way at properties being rezoned. A newspaper ad was placed in the Palm Beach post a week prior to the meeting. Planning Commission Meeting The Planning Commission considered the proposed rezonings at its September 1st meeting. Owners of properties being rezoned were sent mailers in advance of the meeting. The meeting was opened for public comment and there were no comments from property owners or residents. After a very brief discussion, the Planning Commission voted unanimously to recommend approval of the rezonings to the Village Council. Changes Since First Reading Three of the proposed Ordinances that were on the October 8, 2020 agenda for first reading have been pulled from this meeting. One of the three was accidentally excluded by the Village Attorney when reading the titles of the Ordinances on October 8, 2020. The other two require special noticing requirements because they are larger than ten acres and those requirements were not met. The three Ordinances will be pushed to the November 12th Council meeting for first reading, along with two additional required rezoning Ordinances. There is no fiscal impact Recommendation: Village Staff and the Planning Commission recommend approval of Ordinance No. 2020-10 through Ordinance No. 2020-20 to rezone several commercial properties for consistency with the Village’s new commercial land development regulations. Attachments: 1. Exhibit 1-Land to be rezoned to C-NB 2. Exhibit 2-Land to be rezoned to C-MU 3. Exhibit 3-Land to be rezoned to C-S 4. Ordinance 2020-10 (Northlake – Northlake Drive to Lake Circle) 5. Ordinance 2020-11 (Northlake – Prosperity Farms to Northlake Drive) 6. Ordinance 2020-12 (Northlake – Alternate A1A to Prosperity Farms) 7. Ordinance 2020-13 (400 U.S. One) 8. Ordinance 2020-14 (500 U.S. One) 9. Ordinance 2020-15 (Memory Care/Poet’s Walk) 10. Ordinance 2020-16 (420 U.S. One) 11. Ordinance 2020-17 (300 Prosperity Farms) 12. Ordinance 2020-18 (200 Castlewood) 13. Ordinance 2020-19 (139 Shore Court) 14. Ordinance 2020-20 (200 Yacht Club Drive) Exhibit 1‐Land to be Rezoned  (from C‐1 into new C‐NB zoning district) Exhibit 2‐Land to be Rezoned  (adding parcels to C‐MU ) Exhibit 3‐Land to be Rezoned  (from C‐1A to C‐S) Page 1 of 4 ORDINANCE NO. 2020-10 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, REZONING FIVE PARCELS OF 4 PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE 5 BOULEVARD EAST OF NORTHLAKE DRIVE AND WEST OF LAKE 6 CIRCLE TOTALING APPROXIMATELY 2.218 ACRES, AS MORE 7 PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 8 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB 9 NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; 10 AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR 11 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING 12 FOR AN EFFECTIVE DATE. 13 14 WHEREAS, in connection with the update to its commercial zoning districts to implement 15 the Citizen’s Master Plan Report, the Village is initiating an amendment to the zoning 16 designation of five parcels of property located on the north side of Northlake Boulevard 17 east of Northlake Drive and west of Lake Circle totaling approximately 2.218 acres, as 18 more particularly described in Exhibit “A” attached hereto and incorporated herein 19 (“Property”), from the C-1 Neighborhood Commercial District to the C-NB Northlake 20 Boulevard Commercial District; and 21 22 WHEREAS, on September 1, 2020, the Village Planning Commission, sitting as the Local 23 Planning Agency, conducted a public hearing on the rezoning application; and 24 25 WHEREAS, having considered the recommendation of the Planning Commission and the 26 evidence and testimony presented during the course of two public hearings, the Village 27 Council determines that the rezoning request complies with all requirements and provisions 28 of the Village’s Comprehensive Plan and Code of Ordinances and is in the best interests of 29 the residents and citizens of the Village. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH 32 PALM BEACH, FLORIDA as follows: 33 34 Section 1. The foregoing whereas clauses are hereby ratified as true and correct and 35 are incorporated herein. 36 37 Section 2. The Village Council hereby rezones five parcels of property located on the 38 north side of Northlake Boulevard east of Northlake Drive and west of Lake Circle totaling 39 approximately 2.218 acres, as more particularly described in Exhibit “A” attached hereto 40 and incorporated herein, from the C-1 Neighborhood Commercial District to the C-NB 41 Northlake Boulevard Commercial District 42 43 Section 3. The Village Council hereby directs Village Administration to ensure that 44 the Village’s Official Zoning Map is amended to reflect the rezoning of the Property. 45 46 Page 2 of 4 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance 1 is for any reason held by a Court to be unconstitutional, inoperative or void, such holding 2 shall not affect the remainder of this Ordinance. 3 4 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 7 Section 6. This Ordinance shall become effective immediately upon adoption. 8 9 PLACED ON FIRST READING THIS _____ DAY OF _____________, 2020. 10 11 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 12 __________, 2020. 13 14 15 ___________________________________ 16 MAYOR 17 18 ATTEST: 19 20 _______________________________________ 21 VILLAGE CLERK 22 23 24 APPROVED AS TO FORM AND 25 LEGAL SUFFICIENCY: 26 27 _______________________________________ 28 VILLAGE ATTORNEY29 Page 3 of 4 EXHIBIT “A” Legal Description Parcel 1: 721 Northlake Boulevard Lot 5, Block 37, VILLAGE OF NORTH PALM BEACH, Plat No. 3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, in Plat Book 25, Pages 175 and 176; and All of Lot 6, Block 37, VILLAGE OF NORTH PALM BEACH, Plat No. 3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, in Plat Book 25, Pages 175 and 176, less the following portion of said Lot 6: Beginning at the Southeast corner of said Lot 6; thence Westerly, along the South line of said Lot 6, a distance of 48 feet; thence Northerly, at right angles to the preceding course, a distance of 139.95 feet, to a point in a line parallel with, 32.50 feet Southeasterly from and measured at right angles to the Northwesterly line of said Lot 6; then Northeasterly, along said parallel line, a distance of 62.89 feet to the Northeasterly line of said Lot 6; thence Southeasterly along said Northeasterly line a distance of 35 feet to the Northeast corner of said Lot 6, and thence Southwesterly, along the East line of said Lot 6, a distance of 144.19 feet to the Point of Beginning. (PCN: 68-43-42-16-04-037-0061) Parcel 2: 719 Northlake Boulevard A parcel of land lying in Lot 6, Block 37, Village of North Palm Beach, Plat No. 3, Florida, according to the Plat thereof, as recorded in Plat Book 25, Page 175 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Beginning at the Southeast corner of Lot 6; thence, Westerly, along the South line of said Lot 6, a distance of 48 feet; thence, Northerly, at right angles to the preceding course, a distance of 139.95 feet to a point in a line parallel with, 32.50 feet Southeasterly from and measured at right angles to the Northwesterly line of said Lot 6; thence Northeasterly, along said parallel line, a distance of 62.89 feet to the Northeasterly line of said Lot 6; thence, Southeasterly, along said Northeasterly line, a distance of 35 feet to the Northeast corner of said Lot 6; thence, Southwesterly, along the East line of said Lot 6, a distance of 144.19 feet to the Point of Beginning. (PCN: 68-43-42-16-04-037-0062) Parcel 3: 715 Northlake Boulevard Lot 7, Block 37, Village of North Palm Beach Plat No. 3, according to the plat thereof as recorded in Plat Book 25, Page 175, Public Records of Palm Beach County, Florida. Page 4 of 4 (PCN: 68-43-42-16-04-037-0070) Parcel 4: 707 Northlake Boulevard Lots 8 and 9, Block 37, Village of North Palm Beach Plat No. 3, according to the plat thereof as recorded in Plat Book 25, Page 175, Public Records of Palm Beach County, Florida. (PCN: 68-43-42-16-04-037-0080) Parcel 5: 701 Northlake Boulevard Lot 10, Block 37, Village of North Palm Beach Plat No. 3, according to the plat thereof as recorded in Plat Book 25, Page 175, Public Records of Palm Beach County, Florida. (PCN: 68-43-42-16-04-037-0100) Page 1 of 6 ORDINANCE NO. 2020-11 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, REZONING NINE PARCELS OF 4 PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE 5 BOULEVARD WEST OF PROSPERITY FARMS ROAD AND EAST OF 6 NORTHLAKE DRIVE TOTALING APPROXIMATELY 4.241 ACRES, 7 AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C -1 8 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB 9 NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; 10 AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR 11 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING 12 FOR AN EFFECTIVE DATE. 13 14 WHEREAS, in connection with the update to its commercial zoning districts to implement 15 the Citizen’s Master Plan Report, the Village is initiating an amendment to the zoning 16 designation of nine parcels of property located on the north side of Northlake Boulevard 17 east Prosperity Farms Road and west of Northlake Drive totaling approximately 4.241 18 acres, as more particularly described in Exhibit “A” attached hereto and incorporated 19 herein (“Property”), from the C-1 Neighborhood Commercial District to the C-NB 20 Northlake Boulevard Commercial District; and 21 22 WHEREAS, on September 1, 2020, the Village Planning Commission, sitting as the Local 23 Planning Agency, conducted a public hearing on the rezoning application; and 24 25 WHEREAS, having considered the recommendation of the Planning Commission and the 26 evidence and testimony presented during the course of two public hearings, the Village 27 Council determines that the rezoning request complies with all requirements and provisions 28 of the Village’s Comprehensive Plan and Code of Ordinances and is in the best interests of 29 the residents and citizens of the Village. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH 32 PALM BEACH, FLORIDA as follows: 33 34 Section 1. The foregoing whereas clauses are hereby ratified as true and correct and 35 are incorporated herein. 36 37 Section 2. The Village Council hereby rezones nine parcels of property located on the 38 north side of Northlake Boulevard east Prosperity Farms Road and west of Northlake Drive 39 totaling approximately 4.241 acres, as more particularly described in Exhibit “A” attached 40 hereto and incorporated herein (“Property”), from the C-1 Neighborhood Commercial 41 District to the C-NB Northlake Boulevard Commercial District. 42 43 Section 3. The Village Council hereby directs Village Administration to ensure that 44 the Village’s Official Zoning Map is amended to reflect the rezoning of the Property. 45 46 Page 2 of 6 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance 1 is for any reason held by a Court to be unconstitutional, inoperative or void, such holding 2 shall not affect the remainder of this Ordinance. 3 4 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 7 Section 6. This Ordinance shall become effective immediately upon adoption. 8 9 PLACED ON FIRST READING THIS _____ DAY OF _____________, 2020. 10 11 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 12 __________, 2020. 13 14 15 ___________________________________ 16 MAYOR 17 18 ATTEST: 19 20 _______________________________________ 21 VILLAGE CLERK 22 23 24 APPROVED AS TO FORM AND 25 LEGAL SUFFICIENCY: 26 27 _______________________________________ 28 VILLAGE ATTORNEY29 Page 3 of 6 EXHIBIT “A” Legal Description Parcel 1: 819 Northlake Boulevard The East 150 feet of the West 183 feet of the South one-third (S 1/3) of the Southwest one- quarter, of the Southwest one-quarter, of the Southeast one-quarter, of Section 17, Township 42 South, Range 43 East, LESS the South 45 feet thereof for roadway purposes. ALSO LESS Being a parcel of land in the Southeast one-quarter (S.E. ¼) of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida, and being more particularly described as follows: Commence at the South quarter corner of said Section 17; thence. North 01°57’23” East along the center line of Prosperity Farms Road, a distance of 45.00 feet to its intersection with the Westerly prolongation of the North Right-of-Way line of Northlake Boulevard; thence South 88°02’18" East along said Westerly prolongation, a distance of 33 feet to the East Right-of- Way line of Prosperity Farms Road and the Point of Beginning; thence North 01°57’2” East along said East right-of-way line of Prosperity Farms Road, a distance of 176.37 feet to the North line of the South one-third (S 1/3) of the Southwest one quarter (S.W. 1/4) of the Southwest one-quarter (S.W. 1/4) of the Southeast one-quarter (S.E. 1/4) of said Section 17; thence South 88°01’18” East along said North line a distance of 7.00 feet to the Southwest corner of FAIRHAVEN ADDITION TO VILLA GE OF NORTH PALM BEACH, recorded in Plat Book 27, Page 90 of the Public Records of Palm Beach County, Florida.; thence South 01°57’23” West along a line parallel with and distant East 7.00 feet b y rectangular measurement from the said East Right-of-Way line of Prosperity Farms Road, a distance of 151.37 feet; thence South 43°02’28” East, a distance of 35.35 feet to a point on the said North Right-of-Way line of Northlake Boulevard; thence North 88°02’18” West along said North Right-of-Way line, a distance of 32.00 feet to the Point of Beginning. (PCN: 68-43-42-17-00-000-5060) Parcel 2: 807 Northlake Boulevard The West 90 feet of the East 417 Feet of the West 600 Feet of the South One-Third of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida. LESS AND EXCEPT the South 45 feet thereof, as set forth in Official Record Book 1029, Page 55, Public Records of Palm Beach County, Florida. (PCN: 68-43-42-17-00-000-5130) Page 4 of 6 Parcel 3: 791 Northlake Boulevard East 110 feet of the West 200 feet of the East 417 feet of the West 600 feet of the South One-Third of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter, Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida. (PCN: 68-43-42-17-00-000-5070) Parcel 4: 783 Northlake Boulevard West 111 feet of the East 217 feet of the West 600 feet of the South 1/3 of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida. (PCN: 68-43-42-17-00-000-5080) Parcel 5: 775 Northlake Boulevard The East 106 feet of the West 600 feet of the South ⅓ of the Southwest ¼ of the Southwest ¼ of the Southeast ¼ of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida, less the South 45 feet of the above referenced property being State Road right of way, as described in Official Records Book 1029, Page 55, Public Records of Palm Beach County, Florida (PCN: 68-43-42-17-00-000-5090) Parcel 6: 763 Northlake Boulevard The East 116 feet of the West 716 feet of the South ⅓ of the South ½ of the Southwest ¼ of the Southwest ¼ of the Southeast ¼ of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida, less the South 45 feet of the above referenced property being State Road right of way, as described in Official Records Book 1029, Page 55, Public Records of Palm Beach County, Florida (PCN: 68-43-42-17-00-000-5040) Parcel 7: 751 Northlake Boulevard The South One-Third (S 1/3 of the West Three-Quarters (W ¾) of the South One-Half (S ½) of the Southwest Quarter (SW ¼) of the Southeast Quarter (SE ¼) of Section 17, Township 42 South, Range 43 East, Village of North Palm Beach, Palm Beach County, Florida. Less and except the West 716.0 feet and the East 110.0 feet thereof, and also less and except the South 45.0 feet thereof as public right-of-way for Northlake Boulevard AND Page 5 of 6 The East 110 feet of the South One-Third (S 1/3) of the West Three-Quarters (W ¾) of the South One-Half (S ½) of the Southwest Quarter (SW ¼) of the Southeast Quarter (SE ¼) of Section 17, Township 42 South, Range 43 East, Village of North Palm Beach, Palm Beach County, Florida. Less and except the South 45.0 feet thereof as public right-of-way for Northlake Boulevard. (PCN: 68-43-42-17-00-000-5050) Parcel 8: 731 Northlake Boulevard The East 110 feet of the South 1/3 of the West ¾ of the South ½ of the Southwest ¼ of the Southeast ¼ of Section 17, Township 42 South, Range 43 East, Village of North Palm Beach, Palm Beach County, Florida; less and except the South 45.0 feet thereof as public right-of-way for Northlake Boulevard. (PCN: 68-43-42-17-00-000-5100) Parcel 9: 727 Northlake Boulevard All that certain parcel of land situate in the VILLAGE OF NORTH PALM BEACH, Palm Beach County, Florida, being all of Lot 20, Block 36, VILLAGE OF NORTH PALM BEACH, PLAT NO. 3, as recorded in Plat Book 25, Page 176, Palm Beach County Public Records, and more particularly described according to a survey thereof dated February 26, 1963, by David E. Brady, Registered Surveyor of Palm Beach, Florida, as follows: BEGINNING at an iron pipe in the Northerly right-of-way line of Northlake Boulevard (90 foot right-of-way) at the Southwesterly end of the curved highway right-of-way which connects the said line of Northlake Boulevard with the Westerly right -of-way line of Northlake Drive (60 foot right-of-way), extending thence (1) along the said line of Northlake Boulevard North 88 degrees 4 minutes 4 seconds West 98.83 feet to an iron pipe in line of land now or formerly of Northlake Properties; thence (2) along said line of land of Northlake Properties North 01 degrees 55 minutes 11 seconds East 131.63 feet to an iron pipe in another line of land now or formerly of Northlake Properties; (3) along said other line of land of Northlake Properties South 88 degrees 4 minutes 11 seconds East 123.86 feet to a wood stake in the said line of Northlake Drive; thence (4) along the said line of Northlake Drive South 01 degrees 55 minutes 49 seconds West 106.64 feet to the Northeasterly and of the above mentioned curved highway right-of-way connecting line; thence Page 6 of 6 (5) Southwesterly along the said connection line along a curve to the right with a radius of 25 feet the arc distance of 39.27 feet (said curve having a central angle of 90 degrees 00 minutes 07 seconds) to the PLACE OF BEGINNING. (PCN: 68-43-42-16-04-036-0200) Page 1 of 4 ORDINANCE NO. 2020-12 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, REZONING FIVE PARCELS OF 4 PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE 5 BOULEVARD WEST OF ALTERNATE A1A AND EAST OF 6 PROSPERITY FARMS ROAD TOTALING APPROXIMATELY 2.956 7 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM 8 THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB 9 NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; 10 AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR 11 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING 12 FOR AN EFFECTIVE DATE. 13 14 WHEREAS, in connection with the update to its commercial zoning districts to implement 15 the Citizen’s Master Plan Report, the Village is initiating an amendment to the zoning 16 designation of five parcels of property located on the north side of Northlake Boulevard 17 east of Alternate A1A and west of Prosperity Farms Road totaling approximately 2.956 18 acres, as more particularly described in Exhibit “A” attached hereto and incorporated 19 herein (“Property”), from the C-1 Neighborhood Commercial District to the C-NB 20 Northlake Boulevard Commercial District; and 21 22 WHEREAS, on September 1, 2020, the Village Planning Commission, sitting as the Local 23 Planning Agency, conducted a public hearing on the rezoning application; and 24 25 WHEREAS, having considered the recommendation of the Planning Commission and the 26 evidence and testimony presented during the course of two public hearings, the Village 27 Council determines that the rezoning request complies with all requirements and provisions 28 of the Village’s Comprehensive Plan and Code of Ordinances and is in the best interests of 29 the residents and citizens of the Village. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH 32 PALM BEACH, FLORIDA as follows: 33 34 Section 1. The foregoing whereas clauses are hereby ratified as true and correct and 35 are incorporated herein. 36 37 Section 2. The Village Council hereby rezones five parcels of property located on the 38 north side of Northlake Boulevard east of Alternate A1A and west of Prosperity Farms 39 Road totaling approximately 2.956 acres, as more particularly described in Exhibit “A” 40 attached hereto and incorporated herein, from the C-1 Neighborhood Commercial District 41 to the C-NB Northlake Boulevard Commercial District 42 43 Section 3. The Village Council hereby directs Village Administration to ensure that 44 the Village’s Official Zoning Map is amended to reflect the rezoning of the Property. 45 46 Page 2 of 4 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance 1 is for any reason held by a Court to be unconstitutional, inoperative or void, such holding 2 shall not affect the remainder of this Ordinance. 3 4 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 7 Section 6. This Ordinance shall become effective immediately upon adoption. 8 9 PLACED ON FIRST READING THIS _____ DAY OF _____________, 2020. 10 11 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 12 __________, 2020. 13 14 15 ___________________________________ 16 MAYOR 17 18 ATTEST: 19 20 _______________________________________ 21 VILLAGE CLERK 22 23 24 APPROVED AS TO FORM AND 25 LEGAL SUFFICIENCY: 26 27 _______________________________________ 28 VILLAGE ATTORNEY29 Page 3 of 4 EXHIBIT “A” Legal Description Parcel 1: 9021 Alternate A1A PARCEL NO. 1: Lot 1, Rivard Subdivision, according to the plat thereof, recorded in Plat Book 21, Page 12 of the Public Records of Palm Beach County, Florida: LESS AND EXCEPT: that part of Lot 1, according to the Plat of Rivard Subdivision, as recorded in Plat Book 21, Page 12 of the Public Records of Palm Beach County, Flori da, in Section 17, Township 42 South, Range 43 East; said part being more particularly described as follows: The Westerly 10 feet on Lot 1, less the South 45 feet thereof, according the Plat of the Rivard Subdivision as recorded in Plat Book 21, Page 12 of the Public Records of Palm Beach County, Florida, in Section 17, Township 42 South, Range 43 East. PARCEL NO. 2: The North 109 feet of the South 154 feet of Lot 3, Rivard Subdivision, recorded in Plat Book 21, Page 12 of the Public Records of Palm Beach County, Florida, further described as follows: Commencing at the intersection of the Easterly right-of-way line of State Road A1A with the North right-of-way line of Northlake Boulevard (State Road 809), thence on a bearing of South 88°28’03” East, along said North right-of-way line, a distance of 115.05 feet to the West line of said Lot 3 and the point of beginning; thence North 1°06’57” East along said West line, a distance of 109.00 feet; thence South 88°18’03” East, a distance of 110.00 feet to the East line of said Lot 3; thence South 1°06’57” West, along the East line, a distance of 109.00 feet to the said North right-of-way line; thence North 88°28’03” West, along said right-of-way line, a distance of 110.00 feet to the Point of Beginning. Less and Except all rights-of-way from Both Parcels 1 and 2 above, including but not limited to the land described in that certain Right-of-Way Deed recorded July 10, 1989, in Official Records Book 6125 page 169, of the Public Records of Palm Beach County, Florida. (PCN: 68-43-42-17-06-000-0010) Parcel 2: 2579 Northlake Boulevard Lot 4, less the south 45 thereof, Rivard Subdivision, as recorded in Plat Book 21, Page 12 of the Public Records of Palm Beach County Florida and less the north 5 feet hereof and less than portion described as follows: Commence at the Southwest corner of said Lot 4; thence North 0°30’56” East, along the West line of said Lot 4, a distance of 45.01 feet, to the point of beginning; thence continue Page 4 of 4 North 0°30’56” East, 8.00 feet; thence South 88°04’04” East, 14.00 feet; thence South 79°00’46” East, 50.83 feet to a point on the North right-of-way of Northlake Boulevard, per Official Recorded Book 197, Page 219 and Official Records Book 1029, Page 55; thence North 88°04’04” West along said North right-of-way line, a distance of 64.00 feet to the point of beginning. (PCN: 68-43-42-17-06-000-0040) Parcel 3: 2561 Northlake Boulevard Lot 5, less the South 52 feet for the Right-of-Way of Northlake Boulevard and the North 5 feet for the Right-of-Way of Park Road, of the Plat of Rivard Subdivision, according to the Plat thereof, as recorded in Plat Book 21, Page 21 of the Public Records of Palm Beach County, Florida. (PCN: 68-43-42-17-06-000-0050) Parcel 4: 2545 Northlake Boulevard Lot 6, LESS the South 52 feet for the right-of-way for Northlake Boulevard and less the North 5 feet for the right-of-way for Park Road, and Less the East 33 feet of the South 195 feet thereof, and TOGETHER with the South 108.16 feet of the North 113.16 feet of Lot 7, LESS the Easterly 21 feet for the right of way for Prosperity Farms Road, Plat of Rivard Subdivision as recorded in Plat Book 21, Page 21 of the Public Records of Palm Beach County, Florida. (PCN: 68-43-42-17-06-000-0061) Parcel 5: 9009 Prosperity Farms Road The South 195 feet of Lot 7 and the East 33 feet of the South 195 feet of Lot 6, less the South 45 feet for road purposes, of Rivard Subdivision, according to the Plat thereof as recorded in Plat Book 21, Page 12 of the public Records of Palm Beach County, Florida. Less and excepting therefrom those lands conveyed to Palm Beach County for road purposes in instrument recorded in Official Records Book 6047, Page 1318, as corrected by instrument recorded in Official Records Book 6101, Page 1756, Public Records of Palm Beach County, Florida. (PCN: 68-43-42-17-06-000-0062) Page 1 of 4 ORDINANCE NO. 2020-13 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF 4 PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE 5 NORTH OF THE C-17 CANAL (400 U.S. HIGHWAY ONE) TOTALING 6 APPROXIMATELY 1.76 ACRES, AS MORE PARTICULARLY 7 DESCRIBED HEREIN, FROM THE CB COMMERCIAL DISTRICT TO 8 THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL 9 ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR 10 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, in connection with the update to its commercial zoning districts to implement 13 the Citizen’s Master Plan Report, the Village is initiating an amendment to the zoning 14 designation of a parcel of property located on the west side of U.S. Highway One north of 15 the C-17 Canal right-of-way (400 U.S. Highway One) totaling approximately 1.76 acres, 16 as more particularly described in Exhibit “A” attached hereto and incorporated herein 17 (“Property”), from the C-B Commercial District to the C-MU US-1 Mixed Use District; 18 and 19 20 WHEREAS, on September 1, 2020, the Village Planning Commission, sitting as the Local 21 Planning Agency, conducted a public hearing on the rezoning application; and 22 23 WHEREAS, having considered the recommendation of the Planning Commission and the 24 evidence and testimony presented during the course of two public hearings, the Village 25 Council determines that the rezoning request complies with all requirements and provisions 26 of the Village’s Comprehensive Plan and Code of Ordinances and is in the best interests of 27 the residents and citizens of the Village. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH 30 PALM BEACH, FLORIDA as follows: 31 32 Section 1. The foregoing whereas clauses are hereby ratified as true and correct and 33 are incorporated herein. 34 35 Section 2. The Village Council hereby rezones a parcel of real property located on the 36 west side of U.S. Highway One north of the C-17 Canal right-of-way, as more particularly 37 described in Exhibit “A” attached hereto and incorporated herein, from the Village’s CB 38 Commercial District to the C-MU US-1 Mixed Use District. 39 40 Section 3. The Village Council hereby directs Village Administration to ensure that 41 the Village’s Official Zoning Map is amended to reflect the rezoning of the Property. 42 43 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance 44 is for any reason held by a Court to be unconstitutional, inoperative or void, such holding 45 shall not affect the remainder of this Ordinance. 46 Page 2 of 4 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 1 repealed to the extent of such conflict. 2 3 Section 6. This Ordinance shall become effective immediately upon adoption. 4 5 PLACED ON FIRST READING THIS _____ DAY OF _____________, 2020. 6 7 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 8 __________, 2020. 9 10 11 ___________________________________ 12 MAYOR 13 14 ATTEST: 15 16 _______________________________________ 17 VILLAGE CLERK 18 19 20 APPROVED AS TO FORM AND 21 LEGAL SUFFICIENCY: 22 23 _______________________________________ 24 VILLAGE ATTORNEY25 Page 3 of 4 EXHIBIT “A” Legal Description A parcel of land lying in Section 16, Township 42 South, Range 43 East, Village of North Palm Beach, Palm Beach County, Florida, more particularly described as follows: Beginning at the intersection of the Easterly right of way line of U.S. Highway #1 with the North right of way line of Canal C-17 as now-established; Thence, on an assumed bearing of due East along the said North right of way line of Canal C-17, a distance of 233.50 feet; thence N 10°09’00” W, a distance of 43.37 feet; Thence N 37°27’47” E, a distance of 189.55 feet; Thence N 10°09’00” W, a distance of 49 feet; Thence S 79°41’56” W, a distance of 364.71 feet to a point in the aforesaid Easterly right of way line of U.S. Highway #1 as no established; thence S 21°10’13” E, a distance of 24.64 feet; Thence S 10°09’00” E, along said right of way line a distance of 155.62 feet to the Point of Beginning. Together with: A parcel of land lying in Section 16, Township 42 South, Range 43 East, Village of North Palm Beach, Florida, more particularly described as follows: The West 233.66 feet of the following described property; Beginning at the intersection of the Easterly right of way line of U.S. Highway #1 with the North right of way line of Canal C-17; thence on an assumed bearing of due East, along said North right of way line, a distance of 942.63 feet; thence due South, a distance of 30.30 feet to the face of an existing bulkhead; thence due West along the face of said bulkhead, a distance of 937.21 feet to the said Easterly right of way line of U.S. Highway #1, thence N 10°09’00” West, along said Easterly right of way line a distance of 30.78 feet to the Point of Beginning. Together described as: A portion of Section 16, Township 42 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: BEGIN at the intersection of the Northerly right-of-way line of Canal C-17 with the Easterly right-of-way line of U.S. Highway 1 (130 foot right-of-way); thence North 10°09’00” West along the said Easterly right-of-way line a distance of 155.62 feet to a nail; thence North 21°10’13” West along said right-of-way line a distance of 24.64 feet to a rebar; thence North 79°41’56” East a distance of 364.71 feet to a rebar; thence South 10°09’00” East a distance of 49.00 feet to a rebar; thence South 37°27’47” West a distance of 189.55 feet to a rebar; thence South 10°09’00” East a distance of 43.37 feet to a rebar lying on said Northerly right-of way line of Canal C-17; thence North 90°00’00” East along said Northerly right-of-way line a distance of 10.16 feet to a rebar; thence South 10°09’00” East a distance of 29.34 feet to a drill hole in the bulkhead wall of said Canal C-17; thence North 89°56’06” West along the face of said bulkhead wall a distance of 233.66 feet to a Page 4 of 4 rebar lying on said Easterly right-of-way line of U.S. Highway 1; thence North 10°09’00” West a distance of 29.07 feet to the POINT OF BEGINNING. PCN: 68-43-42-16-00-004-0012 Page 1 of 3 ORDINANCE NO. 2020-14 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF 4 PROPERTY LOCATED ON THE NORTHEAST CORNER OF U.S. 5 HIGHWAY ONE AND ANCHORAGE DRIVE SOUTH (500 U.S. 6 HIGHWAY ONE) TOTALING APPROXIMATELY 1.94 ACRES, AS 7 MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB 8 COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE 9 DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING 10 FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, in connection with the update to its commercial zoning districts to implement 14 the Citizen’s Master Plan Report, the Village is initiating an amendment to the zoning 15 designation of a parcel of property located on the northeast corner of U.S. Highway One 16 and Anchorage Drive South (500 U.S. Highway One) totaling approximately 1.94 acres, 17 as more particularly described in Exhibit “A” attached hereto and incorporated herein 18 (“Property”), from the C-B Commercial District to the C-MU US-1 Mixed Use District; 19 and 20 21 WHEREAS, on September 1, 2020, the Village Planning Commission, sitting as the Local 22 Planning Agency, conducted a public hearing on the rezoning application; and 23 24 WHEREAS, having considered the recommendation of the Planning Commission and the 25 evidence and testimony presented during the course of two public hearings, the Village 26 Council determines that the rezoning request complies with all requirements and provisions 27 of the Village’s Comprehensive Plan and Code of Ordinances and is in the best interests of 28 the residents and citizens of the Village. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH 31 PALM BEACH, FLORIDA as follows: 32 33 Section 1. The foregoing whereas clauses are hereby ratified as true and correct and 34 are incorporated herein. 35 36 Section 2. The Village Council hereby rezones a parcel of real property located on the 37 northwest corner of U.S. Highway One and Anchorage Drive South, as more particularly 38 described in Exhibit “A” attached hereto and incorporated herein, from the Village’s CB 39 Commercial District to the C-MU US-1 Mixed Use District. 40 41 Section 3. The Village Council hereby directs Village Administration to ensure that 42 the Village’s Official Zoning Map is amended to reflect the rezoning of the Property. 43 44 Page 2 of 3 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance 1 is for any reason held by a Court to be unconstitutional, inoperative or void, such holding 2 shall not affect the remainder of this Ordinance. 3 4 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 7 Section 6. This Ordinance shall become effective immediately upon adoption. 8 9 PLACED ON FIRST READING THIS _____ DAY OF _____________, 2020. 10 11 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 12 __________, 2020. 13 14 15 ___________________________________ 16 MAYOR 17 18 ATTEST: 19 20 _______________________________________ 21 VILLAGE CLERK 22 23 24 APPROVED AS TO FORM AND 25 LEGAL SUFFICIENCY: 26 27 _______________________________________ 28 VILLAGE ATTORNEY29 Page 3 of 3 EXHIBIT “A” Legal Description Lots A and B, Plat No. 2, PALM BEACH LAKE WORTH ESTATES, according to the plat thereof recorded in Plat Book 35, Page 143 of the Public Records of Palm Beach County, Florida. PCN: 68-43-42-16-23-001-0000 Page 1 of 3 ORDINANCE NO. 2020-15 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, REZONING TWO PARCELS OF 4 PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE 5 NORTH OF EBBTIDE DRIVE (639 U.S. HIGHWAY ONE/POETS 6 WALK MEMORY CARE) TOTALING APPROXIMATELY 2.73 7 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM 8 THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-MU US-1 9 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; 10 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; 11 AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, in connection with the update to its commercial zoning districts to implement 14 the Citizen’s Master Plan Report, the Village is initiating an amendment to the zoning 15 designation of two parcels of property located on the west side of U.S. Highway One north 16 of Ebbtide Drive (639 U.S. Highway One/Poets Walk Memory Care) totaling 17 approximately 2.73 acres, as more particularly described in Exhibit “A” attached hereto 18 and incorporated herein (“Property”), from the C-1A Limited Commercial District to the 19 C-MU US-1 Mixed Use District; and 20 21 WHEREAS, on September 1, 2020, the Village Planning Commission, sitting as the Local 22 Planning Agency, conducted a public hearing on the rezoning application; and 23 24 WHEREAS, having considered the recommendation of the Planning Commission and the 25 evidence and testimony presented during the course of two public hearings, the Village 26 Council determines that the rezoning request complies with all requirements and provisions 27 of the Village’s Comprehensive Plan and Code of Ordinances and is in the best interests of 28 the residents and citizens of the Village. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH 31 PALM BEACH, FLORIDA as follows: 32 33 Section 1. The foregoing whereas clauses are hereby ratified as true and correct and 34 are incorporated herein. 35 36 Section 2. The Village Council hereby rezones two parcels of real property located on 37 the west side of U.S. Highway One north of Ebbtide Drive, as more particularly described 38 in Exhibit “A” attached hereto and incorporated herein, from the Village’s C -1A Limited 39 Commercial District to the C-MU US-1 Mixed Use District. 40 41 Section 3. The Village Council hereby directs Village Administration to ensure that 42 the Village’s Official Zoning Map is amended to reflect the rezoning of the Property. 43 44 Page 2 of 3 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance 1 is for any reason held by a Court to be unconstitutional, inoperative or void, such holding 2 shall not affect the remainder of this Ordinance. 3 4 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 7 Section 6. This Ordinance shall become effective immediately upon adoption. 8 9 PLACED ON FIRST READING THIS _____ DAY OF _____________, 2020. 10 11 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 12 __________, 2020. 13 14 15 ___________________________________ 16 MAYOR 17 18 ATTEST: 19 20 _______________________________________ 21 VILLAGE CLERK 22 23 24 APPROVED AS TO FORM AND 25 LEGAL SUFFICIENCY: 26 27 _______________________________________ 28 VILLAGE ATTORNEY29 Page 3 of 3 EXHIBIT “A” Legal Description Tracts A and B, POETS WALK MEMORY CARE, according to the plat thereof recorded in Plat Book 125, Page 112 of the public records of Palm beach County, Florida PCN’s: 68-43-42-16-34-001-0000 68-43-42-16-34-002-0000 Page 1 of 3 ORDINANCE NO. 2020-16 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF 4 PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. 5 HIGHWAY ONE AND ANCHORAGE DRIVE SOUTH (420 U.S. 6 HIGHWAY ONE) TOTALING APPROXIMATELY 2.72 ACRES, AS 7 MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB 8 COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE 9 DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING 10 FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, in connection with the update to its commercial zoning districts to implement 14 the Citizen’s Master Plan Report, the Village is initiating an amendment to the zoning 15 designation of a parcel of property located on the southeast corner of U.S. Highway One 16 and Anchorage Drive South (420 U.S. Highway One) totaling approximately 2.72 acres, 17 as more particularly described in Exhibit “A” attached hereto and incorporated herein 18 (“Property”), from the C-B Commercial District to the C-MU US-1 Mixed Use District; 19 and 20 21 WHEREAS, on September 1, 2020, the Village Planning Commission, sitting as the Local 22 Planning Agency, conducted a public hearing on the rezoning application; and 23 24 WHEREAS, having considered the recommendation of the Planning Commission and the 25 evidence and testimony presented during the course of two public hearings, the Village 26 Council determines that the rezoning request complies with all requirements and provisions 27 of the Village’s Comprehensive Plan and Code of Ordinances and is in the best interests of 28 the residents and citizens of the Village. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH 31 PALM BEACH, FLORIDA as follows: 32 33 Section 1. The foregoing whereas clauses are hereby ratified as true and correct and 34 are incorporated herein. 35 36 Section 2. The Village Council hereby rezones a parcel of real property located on the 37 southeast corner of U.S. Highway One and Anchorage Drive South, as more particularly 38 described in Exhibit “A” attached hereto and incorporated herein, from the Village’s CB 39 Commercial District to the C-MU US-1 Mixed Use District. 40 41 Section 3. The Village Council hereby directs Village Administration to ensure that 42 the Village’s Official Zoning Map is amended to reflect the rezoning of the Property. 43 44 Page 2 of 3 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance 1 is for any reason held by a Court to be unconstitutional, inoperative or void, such holding 2 shall not affect the remainder of this Ordinance. 3 4 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 7 Section 6. This Ordinance shall become effective immediately upon adoption. 8 9 PLACED ON FIRST READING THIS _____ DAY OF _____________, 2020. 10 11 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 12 __________, 2020. 13 14 15 ___________________________________ 16 MAYOR 17 18 ATTEST: 19 20 _______________________________________ 21 VILLAGE CLERK 22 23 24 APPROVED AS TO FORM AND 25 LEGAL SUFFICIENCY: 26 27 _______________________________________ 28 VILLAGE ATTORNEY29 Page 3 of 3 EXHIBIT “A” Legal Description A parcel of land lying in Section 16, Township 42 South, Range 43 East, Village of North Palm Beach, Palm Beach County, Florida, more particularly described as follows: Beginning at the intersection of the North right of way line of Canal C-17 with the Easterly right of way line of U.S. Highway No. 1 as said intersection is shown on the plat of Palm Beach Lake Worth Estates recorded in Plat Book 25, page 169, public records of Palm Beach County, Florida; thence on an assumed bearing of North 10°09’00” West, along said Easterly right of way line, a distance of 24.16 feet to the beginning of a curve concave to the East, having a radius of 19,043.55 feet and a central angle of 00°50’58”; thence Northwesterly along the arc of said curve, a distance of 281.44 feet to the point of a compound curvature with a curve concave to the Southeast, having a radius of 25 feet and a central angle of 88°47’17”; thence Northerly and Northeasterly along the arc of said curve, a distance of 38.74 feet to the point of reverse curvature with the curve concave to the North, having a radius of 1101.60 feet and a central angle of 09°02’21”; thence Northeasterly, along the arc of said curve, a distance of 173.79 feet to the end of said curve; thence North 70°26’44” East, along a line tangent to the preceding curve, a distance of 91.48 feet to the beginning of a curve concave to the South, having a radius of 219.60 feet and a central angle of 06°09’20”; thence Northeasterly along the arc of said curve, a distance of 23.40 feet to the point of compound curvature with a curve concave to the Southwest, having a radius of 25 feet and a central angle of 93°14’56”; thence Easterly and Southeasterly, along the arc of said curve, a distance of 40.69 feet to the end of said curve; thence South 10°09’00” East, along a line tangent to the preceding curve, a distance of 260.41 feet; thence North 66°17’10” East, a distance of 18.00 feet; thence South 10°09’00” East, a distance of 22.48 feet to the beginning of a curve concave to the Northeast and having a radius of 75 feet; thence Southeasterly, along the arc of said curve, and through an angle of 33°33’34” a distance of 43.93 feet; thence South 10°09’00” East, a distance of 18.20 feet; thence South 79°41’56” West, a distance of 10.00 feet; thence North 10°09’00” West, a distance of 1.82 feet; thence South 79°41’56” West, a distance of 360 feet to the Point of Beginning. PCN: 68-43-42-16-00-004-0011 Page 1 of 3 ORDINANCE NO. 2020-17 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF 4 PROPERTY LOCATED ON THE EAST SIDE OF PROSPERITY 5 FARMS ROAD NORTH OF NORTHLAKE BOULEVARD (300 6 PROSPERITY FARMS ROAD) TOTALING APPROXIMATELY 0.57 7 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM 8 THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-S 9 SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL 10 ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR 11 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, in connection with the update to its commercial zoning districts to implement 14 the Citizen’s Master Plan Report, the Village is initiating an amendment to the zoning 15 designation of a parcel of property located on the east side of Prosperity Farms Road north 16 of Northlake Boulevard (300 Prosperity Farms Road) totaling approximately 0.57 acres, as 17 more particularly described in Exhibit “A” attached hereto and incorporated herein 18 (“Property”), from the C-1A Limited Commercial District to the C-S Shopping 19 Commercial District; and 20 21 WHEREAS, on September 1, 2020, the Village Planning Commission, sitting as the Local 22 Planning Agency, conducted a public hearing on the rezoning application; and 23 24 WHEREAS, having considered the recommendation of the Planning Commission and the 25 evidence and testimony presented during the course of two public hearings, the Village 26 Council determines that the rezoning request complies with all requirements and provisions 27 of the Village’s Comprehensive Plan and Code of Ordinances and is in the best interests of 28 the residents and citizens of the Village. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH 31 PALM BEACH, FLORIDA as follows: 32 33 Section 1. The foregoing whereas clauses are hereby ratified as true and correct and 34 are incorporated herein. 35 36 Section 2. The Village Council hereby rezones a parcel of real property located on the 37 east side of Prosperity Farms Road north of Northlake Boulevard, as more particularly 38 described in Exhibit “A” attached hereto and incorporated herein, from the Village’s C-1A 39 Limited Commercial District to the C-S Shopping Commercial District. 40 41 Section 3. The Village Council hereby directs Village Administration to ensure that 42 the Village’s Official Zoning Map is amended to reflect the rezoning of the Property. 43 44 Page 2 of 3 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance 1 is for any reason held by a Court to be unconstitutional, inoperative or void, such holding 2 shall not affect the remainder of this Ordinance. 3 4 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 7 Section 6. This Ordinance shall become effective immediately upon adoption. 8 9 PLACED ON FIRST READING THIS _____ DAY OF _____________, 2020. 10 11 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 12 __________, 2020. 13 14 15 ___________________________________ 16 MAYOR 17 18 ATTEST: 19 20 _______________________________________ 21 VILLAGE CLERK 22 23 24 APPROVED AS TO FORM AND 25 LEGAL SUFFICIENCY: 26 27 _______________________________________ 28 VILLAGE ATTORNEY29 Page 3 of 3 EXHIBIT “A” Legal Description Lots 11 and 12, FAIRHAVEN ADDITION TO VILLAGE OF NORTH PALM BEACH, according to the plat thereof recorded in Plat Book 27, Page 90 of the public records of Palm Beach County, Florida PCN: 68-43-42-17-10-000-0110 Page 1 of 3 ORDINANCE NO. 2020-18 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF 4 PROPERTY LOCATED ON THE NORTHEAST CORNER OF 5 CASTLEWOOD DRIVE AND WETTAW LANE (200 CASTLEWOOD 6 DRIVE) TOTALING APPROXIMATELY 0.77 ACRES, AS MORE 7 PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED 8 COMMERCIAL DISTRICT TO THE C-S SHOPPING COMMERCIAL 9 DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING 10 FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, in connection with the update to its commercial zoning districts to implement 14 the Citizen’s Master Plan Report, the Village is initiating an amendment to the zoning 15 designation of a parcel of property located on the northeast corner of Castlewood Drive 16 and Wettaw Lane (200 Castlewood Drive) totaling approximately 0.77 acres, as more 17 particularly described in Exhibit “A” attached hereto and incorporated herein (“Property”), 18 from the C-1A Limited Commercial District to the C-S Shopping Commercial District; and 19 20 WHEREAS, on September 1, 2020, the Village Planning Commission, sitting as the Local 21 Planning Agency, conducted a public hearing on the rezoning application; and 22 23 WHEREAS, having considered the recommendation of the Planning Commission and the 24 evidence and testimony presented during the course of two public hearings, the Village 25 Council determines that the rezoning request complies with all requirements and provisions 26 of the Village’s Comprehensive Plan and Code of Ordinances and is in the best interests of 27 the residents and citizens of the Village. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH 30 PALM BEACH, FLORIDA as follows: 31 32 Section 1. The foregoing whereas clauses are hereby ratified as true and correct and 33 are incorporated herein. 34 35 Section 2. The Village Council hereby rezones a parcel of real property located on the 36 northeast corner of Castlewood Drive and Wettaw Lane, as more particularly described in 37 Exhibit “A” attached hereto and incorporated herein, from the Village’s C-1A Limited 38 Commercial District to the C-S Shopping Commercial District. 39 40 Section 3. The Village Council hereby directs Village Administration to ensure that 41 the Village’s Official Zoning Map is amended to reflect the rezoning of the Property. 42 43 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance 44 is for any reason held by a Court to be unconstitutional, inoperative or void, such holding 45 shall not affect the remainder of this Ordinance. 46 Page 2 of 3 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 1 repealed to the extent of such conflict. 2 3 Section 6. This Ordinance shall become effective immediately upon adoption. 4 5 PLACED ON FIRST READING THIS _____ DAY OF _____________, 2020. 6 7 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 8 __________, 2020. 9 10 11 ___________________________________ 12 MAYOR 13 14 ATTEST: 15 16 _______________________________________ 17 VILLAGE CLERK 18 19 20 APPROVED AS TO FORM AND 21 LEGAL SUFFICIENCY: 22 23 _______________________________________ 24 VILLAGE ATTORNEY25 Page 3 of 3 EXHIBIT “A” Legal Description Lots 158, 159 and 160, LESS the East 51.67 feet of Lot 160, PALM BEACH LAKE WORTH ESTATES, according to the plat thereof recorded in Plat Book 25, Page 167 of the public records of Palm beach County, Florida PCN: 68-43-42-16-01-000-1580 Page 1 of 3 ORDINANCE NO. 2020-19 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF 4 PROPERTY LOCATED ON THE NORTH SIDE SHORE COURT EAST 5 OF U.S. HIGHWAY ONE (139 SHORE COURT) TOTALING 6 APPROXIMATELY 1.46 ACRES, AS MORE PARTICULARLY 7 DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL 8 DISTRICT TO THE C-S SHOPPING COMMERCIAL DISTRICT; 9 AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING 11 FOR AN EFFECTIVE DATE. 12 13 WHEREAS, in connection with the update to its commercial zoning districts to implement 14 the Citizen’s Master Plan Report, the Village is initiating an amendment to the zoning 15 designation of a parcel of property located on the north side of Shore Court east of U.S. 16 Highway One (139 U.S. Highway One) totaling approximately 1.46 acres, as more 17 particularly described in Exhibit “A” attached hereto and incorporated herein (“Property”), 18 from the C-1A Limited Commercial District to the C-S Shopping Commercial District; and 19 20 WHEREAS, on September 1, 2020, the Village Planning Commission, sitting as the Local 21 Planning Agency, conducted a public hearing on the rezoning application; and 22 23 WHEREAS, having considered the recommendation of the Planning Commission and the 24 evidence and testimony presented during the course of two public hearings, the Village 25 Council determines that the rezoning request complies with all requirements and provisions 26 of the Village’s Comprehensive Plan and Code of Ordinances and is in the best interests of 27 the residents and citizens of the Village. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH 30 PALM BEACH, FLORIDA as follows: 31 32 Section 1. The foregoing whereas clauses are hereby ratified as true and correct and 33 are incorporated herein. 34 35 Section 2. The Village Council hereby rezones a parcel of real property located on the 36 north side of Shore Court east of U.S. Highway One, as more particularly described in 37 Exhibit “A” attached hereto and incorporated herein, from the Village’s C-1A Limited 38 Commercial District to the C-S Shopping Commercial District. 39 40 Section 3. The Village Council hereby directs Village Administration to ensure that 41 the Village’s Official Zoning Map is amended to reflect the rezoning of the Property. 42 43 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance 44 is for any reason held by a Court to be unconstitutional, inoperative or void, such holding 45 shall not affect the remainder of this Ordinance. 46 Page 2 of 3 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 1 repealed to the extent of such conflict. 2 3 Section 6. This Ordinance shall become effective immediately upon adoption. 4 5 PLACED ON FIRST READING THIS _____ DAY OF _____________, 2020. 6 7 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 8 __________, 2020. 9 10 11 ___________________________________ 12 MAYOR 13 14 ATTEST: 15 16 _______________________________________ 17 VILLAGE CLERK 18 19 20 APPROVED AS TO FORM AND 21 LEGAL SUFFICIENCY: 22 23 _______________________________________ 24 VILLAGE ATTORNEY25 Page 3 of 3 EXHIBIT “A” Legal Description Lots 127 and 128, PALM BEACH LAKE WORTH ESTATES, according to the plat thereof recorded in Plat Book 25, Page 167 of the public records of Palm beach County, Florida PCN: 68-43-42-16-01-000-1270 Page 1 of 3 ORDINANCE NO. 2020-20 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, REZONING A VACANT PARCEL 4 OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. 5 HIGHWAY ONE AND YACHT CLUB DRIVE (200 YACHT CLUB 6 DRIVE) TOTALING APPROXIMATELY 1.41 ACRES, AS MORE 7 PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED 8 COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE 9 DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING 10 FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, in connection with the update to its commercial zoning districts to implement 14 the Citizen’s Master Plan Report, the Village is initiating an amendment to the zoning 15 designation of a parcel of vacant property located on the southeast corner of U.S. Highway 16 One and Yacht Club Drive (200 Yacht Club Drive) totaling approximately 1.41 acres, as 17 more particularly described in Exhibit “A” attached hereto and incorporated herein 18 (“Property”), from the C-1A Limited Commercial District to the C-MU Mixed Use 19 District; and 20 21 WHEREAS, on September 1, 2020, the Village Planning Commission, sitting as the Local 22 Planning Agency, conducted a public hearing on the rezoning application; and 23 24 WHEREAS, having considered the recommendation of the Planning Commission and the 25 evidence and testimony presented during the course of two public hearings, the Village 26 Council determines that the rezoning request complies with all requirements and provisions 27 of the Village’s Comprehensive Plan and Code of Ordinances and is in the best interests of 28 the residents and citizens of the Village. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH 31 PALM BEACH, FLORIDA as follows: 32 33 Section 1. The foregoing whereas clauses are hereby ratified as true and correct and 34 are incorporated herein. 35 36 Section 2. The Village Council hereby rezones a vacant parcel of real property located 37 on the southeast corner of U.S. Highway One and Yacht Club Drive, as more particularly 38 described in Exhibit “A” attached hereto and incorporated herein, from the Village’s C-1A 39 Limited Commercial District to the C-MU Mixed Use District. 40 41 Section 3. The Village Council hereby directs Village Administration to ensure that 42 the Village’s Official Zoning Map is amended to reflect the rezoning of the Property. 43 44 Page 2 of 3 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance 1 is for any reason held by a Court to be unconstitutional, inoperative or void, such holding 2 shall not affect the remainder of this Ordinance. 3 4 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 7 Section 6. This Ordinance shall become effective immediately upon adoption. 8 9 PLACED ON FIRST READING THIS _____ DAY OF _____________, 2020. 10 11 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 12 __________, 2020. 13 14 15 ___________________________________ 16 MAYOR 17 18 ATTEST: 19 20 _______________________________________ 21 VILLAGE CLERK 22 23 24 APPROVED AS TO FORM AND 25 LEGAL SUFFICIENCY: 26 27 _______________________________________ 28 VILLAGE ATTORNEY29 Page 3 of 3 EXHIBIT “A” Legal Description Lot 1, MARINA ADDITION TO THE VILLAGE OF NORTH PALM BEACH, according to the plat thereof recorded in Plat Book 27, Page 98 of the public records of Palm beach County, Florida PCN: 68-43-42-09-02-000-0010 VILLAGE OF NORTH PALM BEACH NORTH PALM BEACH COUNTRY CLUB TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Beth Davis, General Manager DATE: October 22, 2020 SUBJECT: RESOLUTION – Amending Resolution 2020-16 to remove Truck 82 (Dodge Ram 3500) from surplus and reassigning it to the North Palm Beach Country Club Village Staff is recommending the adoption of a Resolution amending Resolution 2020-16 to remove Truck 82, a Dodge Ram 3500, from the list of vehicles to be surplused and reassigning the vehicle to the North Palm Beach Country Club. Currently, the Country Club’s facilities maintenance employee has no utility vehicle to use while physically maintaining the Country Club campus which includes the Clubhouse facility and grounds, the tennis center, the pool building, the driving range building and the golf course maintenance building. The use of the vehicle is relative light and using a surplus vehicle meets the Country Club’s maintenance needs as opposed to purchasing a new vehicle. The use of this previously surplused vehicle will eliminate the need to use golf operations equipment that had to be redeployed for golf operations use only. 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 amending Resolution 2020-16 to remove Truck 82 from the list of vehicles to be surplused and to reassign the vehicle to the North Palm Beach Country Club in accordance with Village policies and procedures. RESOLUTION 2020- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING RESOLUTION 2020-16 TO REMOVE TRUCK 82 FROM THE LIST OF VEHICLES TO BE SURPLUSED AND TO REASSIGN THE VEHICLE TO THE NORTH PALM BEACH COUNTRY CLUB; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2020-16 on February 13, 2020, the Village Council approved the lease of five new vehicles and the surplus of five existing vehicles, including Truck 82, a Dodge Ram 3500; and WHEREAS, Village Staff has requested that Truck 82 be removed from the list of vehicles to be surplused and be reassigned to the North Palm Beach County Club for use by facilities maintenance; 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 Resolution No. 2020-16 to remove the following vehicle from the list of vehicles to be surplused: Unit 82 – Dodge Ram 3500 (VIN 3D7ML46D77G766054) In lieu of disposal, the vehicle will be reassigned to the North Palm Beach Country Club. Section 3. All other parts of Resolution No. 2020-16, to the extent not expressly 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 ____________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK RESOLUTION 2020-16 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE LEASE OF THREE NEW POLICE DEPARTMENT VEHICLES ACQUIRED FROM BARTOW FORD CO. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CHARLOTTE COUNTY CONTRACT AND EQUIPPED BY DANA SAFETY SUPPLY PURSUANT TO AN EXISTING CITY OF TAMPA CONTRACT, ONE NEW PUBLIC WORKS VEHICLE ACQUIRED FROM BARTOW FORD CO. PURSUANT TO PRICING ESTABLISHED IN EXISTING CHARLOTTE COUNTY CONTRACT, AND ONE NEW BUCKET TRUCK FOR THE PUBLIC WORKS DEPARTMENT ACQUIRED FROM ALTEC INDUSTRIES, INC. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL CONTRACT; APPROVING A FIVE-YEAR LEASE AGREEMENT WITH PINNACLE PUBLIC FINANCE INC.; DECLARING FIVE EXISTING VEHICLES AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff recommended the lease of five new vehicles (three vehicles for the Police Department and one vehicle and one bucket truck for the Public Works Department) through Pinnacle Public Finance, Inc.; and WHEREAS, the Police Department vehicles will be acquired from Bartow Ford Co. utilizing pricing established in an existing Charlotte County Contract (Contract No. 18-509 Vehicles — Annual Contract) and will be equipped by Dana Safety Supply pursuant to pricing established in an existing City of Tampa Contract (Bid No. 21092617 — Light Bars and Accessories with Installation, Specification No. 2-18); and WHEREAS, the Public Works Department vehicle will be acquired from Bartow Ford Co. utilizing pricing established in an existing Charlotte County Contract (Contract No. 18-509 Vehicles — Annual Contract); and WHEREAS, the Public Works Department bucket truck will be acquired from Altec Industries, Inc. utilizing pricing established in an existing Sourcewell Contract (Contract No. 012418 -ALT Utility, Tree Care, Lights & Signs Equipment); and WHEREAS, the Village Council determines that the adoption of this Resolution, including the waiver of the purchasing policies and procedures relating to the age of the existing contracts, is in the best interests of the residents and citizens 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 the following vehicles and the leasing of such vehicle for a five-year term through Pinnacle Public Finance, Inc.: Police Department Vehicles (from Bartow Ford Co.) 2020 Unmarked Ford Fusion 2020 Ford Interceptor Utility — Eco 2020 Ford Interceptor Utility — V6 Public Works Vehicle (from Bartow Ford Co.) 2020 Ford F-350 Public Work Bucket Truck (from Altec Industries, Inc.) Altec Bucket Truck equipped to Village specifications Section 2. The total annual cost of the lease shall be $60,504.58 (at a total cost of $302,522.89 over the term of the lease), with funds expended from Account No. A8535-49158 (Debt Service — Vehicle Lease). The Village Council further authorizes the Village Manager to execute the Master Lease Agreement and First Amendment with Pinnacle Public Finance, Inc., subject to review and approval by the Village Attorney, and any other documents required to complete the transaction. Section 3. Upon delivery, acceptance and placement into service of the new vehicles, the Village Council declares the following vehicles as surplus property and authorizes their disposal in accordance with Village policies and procedures: Unit No. Description VIN Mileage 223 Marked Ford Taurus 1FAHP2MT2DG204834 89,530 224 Unmarked Ford Taurus 1FAHP2MT2DG204835 112,545 372 Marked Ford Taurus 1FM5K8AR9EGB59332 945312 22 Ford Bucket Truck 1FDWF36L31EA58406 8600 82 Dodge Ram 3500 3D7ML46D77G766054 4906 Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 13' DAY OF FEBRUARY, 2020. Village Seal) MAYOR' ATTEST: f VILLAGE CLERK VILLAGE OF NORTH PALM BEACH PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY SEPTEMBER 1, 2020 Present: Cory Cross, Chairman Donald Solodar, Vice Chair Thomas Hogarth, Member Jake Furlott, Member Jonathan Haigh, Member Lori Rainaldi, Member Kathryn DeWitt, Member Len Rubin, Village Attorney Jeremy Hubsch, Community Development Director Alex Ahrenholz, Principal Planner Justin Revis, Planner Michael Applegate, IT Director Council Member: Deborah Searcy, Councilmember In accordance with Governor Ron DeSantis' Executive Order No. 20- 91 and Executive Order No. 20- 69, the meeting was conducted electronically, via internet access or telephone. The Planning Commission members, Village staff and COA applicants attended via internet connection or telephonically. I. CALL TO ORDER Chairman Cross called the meeting to order at 6:30 PM. IA. ROLL CALL All members of the Planning Commission were present. II. APPROVAL OF MINUTES The Minutes of the August 4, 2020 Regular Meeting were approved as written. III. DELARATION 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. CERTIFICATES OF APPROPRIATENESS 1. COA 2020-1379: North Palm Beach Marina (Tabled from August 4, 2020) Minutes of Village Planning Commission Regular Meeting held on September 1, 2020 Location: 1037 Marina Drive Request: An application submitted by SHM North Palm Beach, LLC requesting a Certificate of Appropriateness (COA) approval for the addition of a food stand and outdoor seating (58 seats) at the existing marina. Mr. Hubsch introduced David Milledge, Sr. Project Manager, Cotleur & Hearing, who presented the Planning Commission with the site and landscape plans for the North Palm Beach Marina. The applicant is requesting to reconfigure the parking lot and the drive aisles around the ship’s store, the addition of outdoor seating and recreation area, the addition of a permanent food truck, and to upgrade and add landscaping around the site. The affected area currently consists of an existing building and mostly asphalt and concrete. The Applicant proposed site plan shows a seating along the waterfront, a game area, a fire pit and lounge seating. Next to the marina store is a dining area with tables and umbrellas. Landscape improvements include coconut palms, gumbo limbos, with coquina shells around the seating areas, which create a tropical atmosphere. Mr. Don Hearing, Principal of Cotleur & Hearing, further explained the new changes from the last presentation, such as utilizing crushed coquina shells in lieu of artificial turf. The shell has been utilized successfully at other projects such as Square Grouper and U-Tiki in Jupiter, and provides a more natural look. The space is intended to be multi-purpose and can facilitate changes to the venue, such as the Holiday Boat Parade concession. The soft seating furniture can be removed to accommodate larger crowds. Mr. Hearing explained that the projects will be completed in phases, with a majority of the projects, including the restriping of the parking lot, to be completed as Phase 1. The parking islands and curbing will be completed as Phase 2. Mr. Ahrenholz presented the Staff report and recommendation. Since Safe Harbor purchased the property in 2018, they have been making upgrades to the area with new signage, improvements to the Boater’s building, seawall repairs, and restriping of the parking lot. They are now seeking to add afood stall, outdoor seating, and amenities to the northern portion of property along the Intracoastal. The north end of the property currently has a 1,415 sq. ft boater’s store that offers provision and fuel to boaters, as well as offices for marina management. Items such as beer and wine, snack foods, bait and tackle are currently available in the ship’s store, as well as memberships. Safe Harbor would like to activate the northern end of the property and provide more amenities for members and the public. The food stall would operate as an extension of Belle’sRestaurant at Old Port Cove. The Chairman opened the floor for comments from the public. Ms. Pat Friedman, 1208 Marine Way, expressed concerns regarding passes being given at the North Pam Beach Marina for people to go to Belle’s Restaurant at Old Port Cove. She also expressed concerns regarding the use of a meat smoker outside at Belle’s Restaurant in Old Port Cove and/or at the North Palm Beach Marina. There being no further comments from the public, the Chairman closed the floor. The Planning Commissions members discussed why the change from artificial turf in the previous plans to crushed coquina shell; whether there should be a time limit on improvement completion; the potential for excessive noise generated from events; whether the restroom improvements will be completed as part of the Phase 1 projects; whether all areas will be ADA compliant/accessible; whether there will be any lighting for the dining area or decoratively; whether decorative planters/bollards should be added, as protective barriers from the seating area, between the palm trees; what is the approximate diameter of the crushed coquina shell; and whether the 2 Minutes of Village Planning Commission Regular Meeting held on September 1, 2020 furnishings would be able to be removed and/or stored in the event of a Hurricane. Overall, the Planning Commission expressed support for the updated project. Motion: Mr. Hogarth moved to approve the application with Staff’s recommendations of: 1. Obtain a permit for the scope of work as approved herein; 2. Conduct all inspections as deemed necessary by the North Palm Beach Fire Department prior to utilizing any of the improvements that are being installed as part of the proposed application; 3. All noise and music on site comply with the Article VI (Noise Control) within Chapter 19 of the Village Code of Ordinances. Live music or DJ’s shall not be projected through speakers of any kind or amplified in any way. An exemption to restrictions on live music may be allowed upon issuance of a Special Events Permit; 4. The sale of alcohol will be permitted with the exception of liquor; 5. Per section 45-36 Q.3.f, all outdoor seating and umbrellas “shall be compatible in color and style with the exterior of the building and shall not contain or have affixed to it any sign, letting or advertising of any kind”. The materials for outdoor furniture, fire pit, and seating areas shall be of a comparable quality to those shown on the initial concept plan that was shared with the Planning Commission on August 4, 2020; and 6. The food stall shall remain in the same location it is shown on the site plan. No additional food stalls or food trucks are allowed on site without a modification to the site plan or issuance of a Special Events Permit; And added the conditions that: 7. All site elements need to be installed, including the restrooms and striping of the parking lot, in phase 1. Phase 2 will be limited to curbing and landscaping of the parking islands within 12 months of food truck occupancy; and 8. There will be no additional equipment, such as smokers, coolers or outdoor equipment not shown on the site plan without another request submitted. Ms. Rainaldi seconded the motion, which passed 7-0. 2. COA-2020-1528: Marina Harbour South Location: 100 Lehane Terrace Request: An Application by Marina Harbour Condiminium Association requesting a Certificate of Appropriateness (COA) approval for new paint colors to the existing multi- family building. Mr. Ahrenholz presented the Staff report and recommendation. The Applicant is seeking to paint the condo building for Marina Harbour South located at the end of the cul-desac of Lehane Terrace along the waterfront of the Lake Worth Lagoon. The exterior of the building is maintained by the Marina Harbour South ondominium Association which is seeking to freshen up the façade. The current yellow shade of the building is harmonious with the rest of the condominiums in the area that are a mixture of yellows, beiges and creams. The proposed colors are white for the trim, ceiling, doors, gutters, railings, and shutters (SW 7006 Extra White) and a light grey/ brown for the main buildings (SW 7647 Crushed Ice). The proposed colors are generally compatible and harmonious with the character of buildings in the area. Staff requests the Commission include the following condition(s) as a part of their order: 1. Obtain a paint permit for the proposed building colors as approved herein. 3 Minutes of Village Planning Commission Regular Meeting held on September 1, 2020 The Planning Commissions members discussed whether theaccent wall will also be painted to match the building; whether the building has already been painted; and expressed their desire that a brighter color had been chosen, but overall were in support of the application. The Applicant was not present to represent the project. Motion: Mr. Solodar moved to approve the application with Staff’s recommendation as presented. Mr. Haigh seconded the motion, which passed 7-0. 3. COA-2020-1536: Bud’s Chicken and Seafood Location: 2579 Northlake Blvd. Request An Application by Chris Brinkman of Bud’s Chicken and Seafood Inc. requesting a Certificate of Appropriateness Application (COA) approval for new paint colors to the existing restaurant. Mr. Revis presented the Staff report and recommendation. The Applicant is requesting approval of paint colors for the Bud’s Chicken and Seafood building along Northlake Boulevard. The building has a mansard style roof with terracotta tiles and the existing façade is light salmon/coral color. The proposed building colors are blue for the trim/overhang above the windows and below the roof (SW 6967 Frank Blue), and tan/beige for the main façade (SW 7541 Grecian Ivory). The proposed colors are harmonious with the surrounding buildings. The roof will remain the same. Staff requests the Commission include the following condition(s) as a part of their order: 1. Obtain a paint permit for the proposed building colors as approved herein. The Applicant was not present to represent the project. The Chairman opened the floor for comments from the public. There were no comments from the public. The Planning Commissions members discussed whether the low wall near the entrance was also to be painted in the Grecian Ivory color; whether the proposed blue color on the sloping soffit was too cool toned for the rest of the building; and expressed support of the application. Motion: Mr. Solodar moved to approve the application with Staff’s recommendation as presented. Ms. Rainaldi seconded the motion, which passed 7-0. B. VILLAGE PROJECTS 1. Community Center Re-Painting Project Request: A request for a recommendation to the Village Council on proposed paint colors for the North Palm Beach Community Center. Mr. Hubsch introduced Parks & Recreation Director Stephen Poh, who presented the color options for the repainting of the Community Center. The Parks and Recreation Department and Village Manager would like the 4 Minutes of Village Planning Commission Regular Meeting held on September 1, 2020 input of the Planning Commission on the proposed color schemes prior to their meeting with the Recreation Advisory Board. It is unknown when the building was last painted. Four different color schemes have been prepared: Option A: Blue; Option B: Grey; Option C: Beige; and Option D: Yellow, along with a color sample board and color renderings. Also being proposed is the relocation of the wall sign so that it is more visible from Prosperity Farms Road. It is currently hidden behind palm trees. The Planning Commissions members discussed their preferences of the color options as well as their least favorite. A request to also repaint and straighten the bollards was also made. Motion: Mr. Haigh moved to recommend to Village Council Option D (Yellow). Ms. Rainaldi seconded the motion, which passed 5-2, with Mr. Solodar and Mr. Hogarth voting Nay. C. ORDINANCES 1. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING TWENTY PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF SOUTHWIND DRIVE AND WEST OF U.S. HIGHWAY ONE TOTALING APPROXIMATELY 16.312 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 2. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING EIGHT PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF LAKE CIRCLE AND WEST OF SOUTHWIND DRIVE TOTALING APPROXIMATELY 2.668 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING FIVE PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF NORTHLAKE DRIVE AND WEST OF LAKE CIRCLE TOTALING APPROXIMATELY 2.218 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 4. ORDINANCE 2020-______ 5 Minutes of Village Planning Commission Regular Meeting held on September 1, 2020 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING NINE PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD WEST OF PROSPERITY FARMS ROAD AND EAST OF NORTHLAKE DRIVE TOTALING APPROXIMATELY 4.241 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING FIVE PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD WEST OF ALTERNATE A1A AND EAST OF PROSPERITY FARMS ROAD TOTALING APPROXIMATELY 2.956 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE NORTH OF THE C-17 CANAL (400 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 1.76 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTHEAST CORNER OF U.S. HIGHWAY ONE AND ANCHORAGE DRIVE SOUTH (500 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 1.94 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING TWO PARCELS OF PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE NORTH OF EBBTIDE DRIVE (639 U.S. HIGHWAY ONE/POETS WALK MEMORY CARE) TOTALING APPROXIMATELY 2.73 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 6 Minutes of Village Planning Commission Regular Meeting held on September 1, 2020 9. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF U.S. ONE NORTH OF ANCHORAGE DRIVE SOUTH (MARINER COURT CONDOMINIUM) TOTALING APPROXIMATELY 1.93 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE R-2 MULTIPLE-FAMILY DWELLING DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE 10. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. HIGHWAY ONE AND ANCHORAGE DRIVE SOUTH (420 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 2.72 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF PROSPERITY FARMS ROAD NORTH OF NORTHLAKE BOULEVARD (300 PROSPERITY FARMS ROAD) TOTALING APPROXIMATELY 0.57 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 12. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE OF YACHT CLUB DRIVE WEST OF U.S. HIGHWAY ONE (1037 MARINA DRIVE) TOTALING APPROXIMATELY 11.80 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 13. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTHEAST CORNER OF CASTLEWOOD DRIVE AND WETTAW LANE (200 CASTLEWOOD DRIVE) TOTALING APPROXIMATELY 0.77 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 14. ORDINANCE 2020-______ 7 Minutes of Village Planning Commission Regular Meeting held on September 1, 2020 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE SHORE COURT EAST OF U.S. HIGHWAY ONE (139 SHORE COURT) TOTALING APPROXIMATELY 1.46 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 15. ORDINANCE 2020-______ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A VACANT PARCEL OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. HIGHWAY ONE AND YACHT CLUB DRIVE (200 YACHT CLUB DRIVE) TOTALING APPROXIMATELY 1.41 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C- MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Hubsch presented the Staff Report and recommendation. The Village is in the process of revising its commercial land development regulations in order to implement several recommendations from the Citizen’s Master Plan, which was adopted on October 27, 2016. The revised land development regulations received unanimous approval by the Planning Commission on July 7, 2020 and on first reading by the Village Council on August 13, 2020. The Village is now undergoing the process of initiating rezoning to several properties throughout its commercial corridors so that they will be consistent with the new land development regulations. All properties along Northlake Boulevard between US-1 and Alternate A1A are going from the C-1 Neighborhood Commercial District to the newly created C-NB Northlake Boulevard Commercial District. This new zoning district will incorporate the Northlake Boulevard Overlay Zoning District (NBOZ) into its own zoning district (Exhibit 1). Several properties along the US-1 corridor between Yacht Club Drive and the Earman River are being rezoned to the new CM-U US-1 Mixed Use District. The existing C-A Commercial District is being renamed the CM-U District. Most of the properties that will be in the CM-U District are in the existing C-A District, and therefore do not need to be rezoned. There are several properties that currently carry different zoning designations. These properties can be seen in Exhibit 2. The entire C-1A Limited Commercial District is being eliminated. There are four properties in the Village that are currently in the C-1A Limited Commercial Zoning District. The four properties are being rezoned to the C-S Shopping Commercial District, which is the most similar zoning district to C-1A (Exhibit 3). Staff is recommending approval of the proposed rezoning’s. The Planning Commissions members discussed what qualifies as redevelopment and prevents a property from only redeveloping a small percentage over a number of years; and whether projects should expire after a certain time period if they do not develop. Jeff Davis, President of Mariner Court HOA, inquired what impact the rezoning will specifically have on the Mariner Court residents. Motion: Ms. DeWitt moved to recommend to Village Council to approve Ordinances 1 through 15. Mr. Solodar seconded the motion, which passed 7-0. 8 Minutes of Village Planning Commission Regular Meeting held on September 1, 2020 V. ADMINISTRATION MATTERS A. Staff Updates: The property at 200 Yacht Club Dr. is in the early stages of discussion to redevelop the vacant site as residential with some mixed use. The developer will be at the Village Workshop to get feedback from residents on what they would like to see built there. D. Commission Member Comments: Mr. Solodar expressed his displeasure regarding a Village Council Special Meeting held on August 20, 2020 to discuss the renewal of an Inter-local Agreement with Palm Beach County in order for the Village to receive Federal funds for lower income housing projects. The Agreement specifically mentions the Twin City Mall area, which he feels should have been brought before the Planning Commission as they have been in joint meeting discussions over the last several years regarding the redevelopment of this location. He feels the matter should thhavebeenmentionedattheAugust4 Planning Commission meeting. Mr. Rubin explained that it was a last minute meeting with a single item agenda, which was needed to meet a thdeadline, and that Staff was not aware of the meeting at the time of the August 4 meeting. The Agreement merely allows the Village to be able to participate in such programs and isnot germane to Planning Commission action as there is no current development project(s). Mr. Furlott expressed concerns over the current trend of modest homes being redeveloped into massive houses that are built up to the set back lines and height limits, and out of character for the neighborhood. He feels there should be more ways to regulate such projects to keep the character of the Village. Mr. Hubsch advised that agoal of the upcoming fiscal year is to reevaluate the Residential Zoning Code, as well as address the lack of atree code and impervious surfaces codes. The plan is to have a workshop with the Planning Commission and Village Council to determine what issues need to be looked at. VI. ADJOURNMENT With there being no further business to come before the Board, the meeting adjourned at 8:28 PM. Minutes typed by Jane Lerner 9 VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council FROM: Jessica Green, Village Clerk DATE: October 22, 2020 SUBJECT: MOTION – Confirmation of Appointment of Deputy Village Clerk Section 2-68 of the Village Code of Ordinances provides that the Deputy Village Clerk shall be appointed by the Village Clerk, subject to confirmation by a majority vote of the members of the Village Council. Tammy Held began serving in the position of Deputy Village Clerk on September 9, 2019, and has successfully completed the required 365-day probationary period. Mrs. Held is an excellent employee and an asset to the Clerk’s office. Therefore, I recommend confirmation of her appointment as Deputy Village Clerk. Recommendation: The Village Clerk respectfully requests Council consideration and approval of a motion confirming the appointment of Tammy Held as Deputy Village Clerk. NORTH PALM BEACH CODE (8) Keep official seal. Be the custodian of the official seal of the village. (Code 1970, § 2-38) Sec. 2-68. Deputy village clerk-Appoint- ment. The deputy village clerk shall be appointed by the village clerk, subject to confirmation of such appointment by majority vote of the members of the village council. The village council shall not recommend a person to be appointed by the vil- lage clerk, but shall have the power to withhold confirmation of any person recommended for ap- pointment by the village clerk until the village council is satisfied with the person Tecommended by the village clerk to be deputy village clerk. (Ord. No. 17-79, § 2, 8-9-79) Sec. 2-69. Same-Duties. The deputy village clerk shall: (1) During the absence or disability of the village clerk, perform the duties of village clerk. (2) Perform such duties as are assigned to her by the village clerk in accordance ;vith the responsibilities of the village clerk as set forth in section 2-67 of this Code. (3) At the direction of the village clerk, peT- form such additional services as may be required by the departments managed by the village manager. (Ord. No. 17-79, § 2, 8-9-79) Sees. 2-70-2-74. Reserved. Supp. No. 28 140.2 ( ( ( VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Steven J. Hallock, Director of Public Works DATE: October 22, 2020 SUBJECT: RESOLUTION – Approval of a seven-year lease agreement with Pinnacle Public Finance, Inc. for one 2020 Mack TE64R Rear Loader (RL) Refuse Truck acquired from Nextran Corporation d/b/a Nextran Truck Center of Riviera Beach and the surplus of one 2004 Sterling LT 7500CAT Rear Loader Refuse Truck. Village Staff is seeking Council consideration and approval of the lease of one 2020 Mack TE64R Rear Loader (RL) Refuse Truck acquired from Nextran Corporation d/b/a Nextran Truck Center utilizing pricing established in an existing Florida Sheriff’s Association Contract (FSA19-VEH17.0 #173) at a total cost of $273,023.56 and the surplus of a 2004 Sterling LT 7500CAT Rear Loader Refuse Truck (VIN: 2FZHATAK04AM18976). Rear Loader Refuse Truck #68 is a 2004 with 137,160 miles. The vehicle is in very poor condition and will require expensive repairs; consequently, it has reached the end of its cost-effective service life and is budgeted to be replaced this fiscal year. When the new vehicle is purchased and in placed into service, Village Staff is recommending the surplus of the 2004 Sterling LT 7500CAT Rear Loader Refuse Truck #68 (VIN: 2FZHATAK04AM18976). Because of its age and condition, the Village will probably only receive the price of the scrap metal. The last Rear Loader Refuse Truck surplus in September 2020 only netted $8,300. This vehicle will be leased through Pinnacle Public Finance, Inc. The lease is for seven (7) years with a total quarterly payment of $9,750.84. Account Information: Fund Department Account Number Account Description Total Financed Quarterly Payment Total Payments for 7 Years General Fund Debt Service A8535-49158 Vehicle Lease $248,111 $9,750.84 $273,023.56 The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving the lease of one 2020 Mack TE64R Rear Loader (RL) Refuse Truck, acquired from Nextran Corporation utilizing pricing established in an existing Florida Sheriff’s Association Contract, through Pinnacle Public Finance, Inc. at a total cost of $273,023.56, with funds expended from Account No. A8535-49158 (Debt Service – Vehicle Lease), authorizing the Village Manager to execute the necessary Lease Agreements and related documents, and declaring one 2004 Sterling LT 7500CAT Rear Loader Refuse Truck #68 (VIN: 2FZHATAK04AM18976) as surplus and authorizing its disposal in accordance with Village policies and procedures. RESOLUTION 2020-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE ACQUISITION OF A 2020 MACK REAR LOADER SANITATION VEHICLE FROM NEXTRAN CORPORATION D/B/A NEXTRAN TRUCK CENTER OF RIVIERA BEACH PURSUANT TO PRICING ESTABLISHED IN AN EXISTING FLORIDA SHERIFF’S ASSOCIATION CONTRACT; APPROVING A SEVEN-YEAR LEASE AGREEMENT WITH PINNACLE PUBLIC FINANCE, INC.; DECLARING AN EXISTING REAR LOADER SANITATION VEHICLE AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, because one of the Public Works Department’s rear loader sanitation vehicles has reached the end of its cost-effective service life, Village Staff recommended the lease of a new rear loader sanitation vehicle through Pinnacle Public Finance, Inc.; and WHEREAS, the 2020 Mack TE64R rear loader sanitation vehicle will be acquired from Nextran Corporation d/b/a Nextran Truck Center of Riviera Beach pursuant to pricing established in an existing Florida Sheriff’s Association Contract for Cab and Chassis Trucks and Other Fleet Equipment (Contract No. FSA19-VEH17.0); and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens 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 2020 Mack TE64R rear loader sanitation vehicle from Nextran Corporation d/b/a Nextran Truck Center of Riviera Beach and the leasing of the vehicle for a seven-year term through Pinnacle Public Finance, Inc. Section 3. The total annual cost of the lease shall be $39,003.36 (at a total cost of $273,023.56 over the term of the lease), with funds expended from Account No. A8535-49158 (Debt Service – Vehicle Lease). The Village Council further authorizes the Village Manager to execute all required documents with Pinnacle Public Finance, Inc. to effectuate the lease transaction, subject to the review and approval of the Village Attorney. Section 4. 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 in accordance with Village policies and procedures: 2004 Sterling LT 7500CAT Rear Loader Refuse Truck #68 (VIN: 2FZHATAK04AM18976). Section 5. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK 8377 East Hartford Drive ▪ Suite 115 ▪ Scottsdale, Arizona 85255 ▪ 480/419 -4800 FAX 480/419-3606 ▪ www.PinnaclePublicFinance.com October 5, 2020 Ms. Samia Janjua Village of North Palm Beach 501 US Highway One North Palm Beach, FL 33408 Re: Master Equipment Lease Purchase Agreement dated February 21, 2020 and Schedule of Property No. 3 dated October 29, 2020 Dear Ms. Janjua: Attached are the documents for the Master Equipment Lease Purchase Agreement between Village of North Palm Beach and Pinnacle Public Finance, Inc. Please have the responsible parties execute the enclosed documents and return them to Pinnacle Public F inance, Inc., 8377 East Hartford Drive, Suite 115, Scottsdale, AZ 85255. To be completed and executed by an authorized representative of Village of North Palm Beach:  Master Equipment Lease Purchase Agreement Signed Agreement on file with Pinnacle  Amendment No. 1 Signed Agreement on file with Pinnacle  Exhibit A: Schedule of Property No. 1 This is an itemization of the Equipment to be purchased under this Schedule which incorporates the terms and conditions of the Master Agreement into the Schedule. Please verify the information is correct and sign at the bottom.  Exhibit A-1: Rental Payment Schedule This shows the date each payment is due, the amount of each payment including the interest and principal components, and the purchase price. Please verify this information is correct and sign at the bottom.  Exhibit B: Acceptance Certificate Please hold until equipment is delivered.  Bank Qualified Designation. This form provides a representation regarding the Bank Qualified or Non-Bank Qualified status of the Lease. Please complete and sign this form.  Insurance Coverage Requirements Please fill in the name, address and phone and fax numbers of the insurance agent in the top section. Please sign at the bottom that all information is accurate.  Lease Payment Instructions Please complete the Lease Payment Instructions and include any invoicing requirements in order to ensure prompt and accurate payment of all amounts due under the Lease. Please sign at the bottom that all information is accurate.  Form 8038 This form is to be sent and filed with the IRS. Please follow the separate instructions for this form. Please return the form to us for filing.  Legal Opinion of Counsel Please forward with the attorney cover letter to your counsel as soon as possible with a set of the executed documentation. 8377 East Hartford Drive ▪ Suite 115 ▪ Scottsdale, Arizona 85255 ▪ 480/419 -4800 FAX 480/419-3606 ▪ www.PinnaclePublicFinance.com To be executed by an authorized individual, OTHER THAN THE REPRESENTATIVE WHO EXECUTED THE ABOVE DOCUMENTS  Certificate of Signature Authority This document confirms that the person who has executed the above document is authorized to do so. THIS CANNOT BE EXECUTED BY THE SAME PERSON. Please forward this certificate, with the executed documents, to such person. In addition to the documents listed above, please provide us, prior to funding, with the following:  Certificate of Insurance - evidencing both Liability and Physical Damage coverage in the amounts stated on the Insurance Coverage Requirements form and naming Pinnacle Public Finance, Inc. as loss payee and additional insured. Please have your Insurance Agent reference Control #102985 on the certificate.  Tax Exempt Certificate – for the Village of North Palm Beach If you have any questions, please feel free to call me directly at 480-419-4233. Thank you for your assistance. I look forward to working with you on this transaction. Sincerely, Therese Lohmann Therese Lohmann Account Manager Enclosures EXHIBIT A SCHEDULE OF PROPERTY NO. 3 RE: MASTER EQUIPMENT LEASE PURCHASE AGREEMENT entered into as of February 21, 2020, ("Agreement"), between Pinnacle Public Finance, Inc. ("Lessor") and Village of North Palm Beach ("Lessee"). All terms used and not otherwise defined herein have the meanings ascribed to them in the Agreement. The following items of Equipment are hereby included under this Schedule to the Agreement. To the extent that less than all of the Equipment subject to this Schedule has been installed and accepted by Lessee on or pr ior to the date hereof, Lessee hereby acknowledges that a portion of the Equipment has not been delivered, installed and accepted by Lessee for purposes of this Lease and Lessor hereby commits to provide funds in an amount sufficient to pay the costs to acquire and ins tall the Equipment. In consideration of the foregoing, Lessee hereby acknowledges and agrees that its obligation to make Rental Payments as set forth in this Schedule is absolute and unconditional as of the date hereof and on each date and in the amounts as set for th in the Rental Payment Schedule, subject to the terms and conditions of the Lease. Ninety five percent of the financing costs are being used to acquire assets that will be capitalized. DESCRIPTION OF EQUIPMENT Quantity Description Model No. Serial No. One (1) Mack Rear Loader Refuse Truck TE64R Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreemen t are true and correct as though made on the Commencement Date of Rental Payments under this Schedule. The terms and provisions of the Agreement (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof. Dated: October 29, 2020 Lessor: Pinnacle Public Finance, Inc. Lessee: Village of North Palm Beach Signature: Signature: Name/Title: Name/Title: Date: Date: EXHIBIT A-1 RENTAL PAYMENT SCHEDULE RE: Schedule of Property No. 3 dated October 29, 2020 to Master Equipment Lease Purchase Agreement dated as of February 21, 2020 between Pinnacle Public Finance, Inc., as Lessor, and Village of North Palm Beach, Florida, as Lessee. Payment Payment Purchase Outstanding Pmt # Date Amount Interest Principal Price Balance 10/29/2020 $248,141.00 1 8/1/2021 $9,750.84 $4,405.88 $5,344.96 $247,651.96 $242,796.04 2 11/1/2021 $9,750.84 $1,426.43 $8,324.41 $239,161.06 $234,471.63 3 2/1/2022 $9,750.84 $1,377.52 $8,373.32 $230,620.27 $226,098.30 4 5/1/2022 $9,750.84 $1,328.33 $8,422.51 $222,029.31 $217,675.79 5 8/1/2022 $9,750.84 $1,278.85 $8,472.00 $213,387.87 $209,203.79 6 11/1/2022 $9,750.84 $1,229.07 $8,521.77 $204,695.67 $200,682.03 7 2/1/2023 $9,750.84 $1,179.01 $8,571.83 $195,952.39 $192,110.19 8 5/1/2023 $9,750.84 $1,128.65 $8,622.19 $187,157.76 $183,488.00 9 8/1/2023 $9,750.84 $1,077.99 $8,672.85 $178,311.45 $174,815.15 10 11/1/2023 $9,750.84 $1,027.04 $8,723.80 $169,413.17 $166,091.35 11 2/1/2024 $9,750.84 $975.79 $8,775.05 $160,462.62 $157,316.29 12 5/1/2024 $9,750.84 $924.23 $8,826.61 $151,459.48 $148,489.68 13 8/1/2024 $9,750.84 $872.38 $8,878.46 $142,403.44 $139,611.22 14 11/1/2024 $9,750.84 $820.22 $8,930.63 $133,294.20 $130,680.59 15 2/1/2025 $9,750.84 $767.75 $8,983.09 $124,131.45 $121,697.50 16 5/1/2025 $9,750.84 $714.97 $9,035.87 $114,914.86 $112,661.63 17 8/1/2025 $9,750.84 $661.89 $9,088.95 $105,644.13 $103,572.68 18 11/1/2025 $9,750.84 $608.49 $9,142.35 $96,318.93 $94,430.32 19 2/1/2026 $9,750.84 $554.78 $9,196.06 $86,938.95 $85,234.26 20 5/1/2026 $9,750.84 $500.75 $9,250.09 $77,503.85 $75,984.17 21 8/1/2026 $9,750.84 $446.41 $9,304.43 $68,013.33 $66,679.74 22 11/1/2026 $9,750.84 $391.74 $9,359.10 $58,467.05 $57,320.64 23 2/1/2027 $9,750.84 $336.76 $9,414.08 $48,864.69 $47,906.56 24 5/1/2027 $9,750.84 $281.45 $9,469.39 $39,205.91 $38,437.17 25 8/1/2027 $9,750.84 $225.82 $9,525.02 $29,490.39 $28,912.14 26 11/1/2027 $9,750.84 $169.86 $9,580.98 $19,717.78 $19,331.16 27 2/1/2028 $9,750.84 $113.57 $9,637.27 $9,887.77 $9,693.89 28 5/1/2028 $9,750.84 $56.95 $9,693.89 $0.00 $0.00 Totals: $273,023.56 $24,882.56 $248,141.00 Rate 2.3500% COMMENCEMENT DATE: October 29, 2020 Village of North Palm Beach Signature: Name/Title: Date: EXHIBIT B PLEASE COMPLETE EITHER FINAL OR PARTIAL ACCEPTANCE, AS RELEVANT FINAL ACCEPTANCE CERTIFICATE Re: Schedule of Property No. 3 dated October 29, 2020 to Master Equipment Lease Purchase Agreement dated as of February 21, 2020 between Pinnacle Public Finance, Inc., as Lessor, and Village of North Palm Beach, as Lessee. In accordance with the Master Equipment Lease Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows: (1) All of the Equipment (as such term is defined in the Agreement) listed in the above -referenced Schedule of Property (the "Schedule") has been delivered, installed and accepted on the date hereof. (2) Lessee has conducted such inspection and/or testing of the Equipment listed in the Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. (3) Lessee is currently maintaining the insurance coverage required by Section 18 of the Agreement. (4) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agr eement) exists at the date hereof. LESSEE Village of North Palm Beach Signature: Name/Title: Acceptance Date: > OR < PAYMENT REQUEST and PARTIAL ACCEPTANCE CERTIFICATE Pinnacle Public Finance, Inc. is hereby requested to pay the person or entity designated below as Payee, the sum set forth below in payment of a portion or all of the cost of the acquisition described below. The amount shown below is due and payable under the invoice of the Payee attached he reto with respect to the cost of the acquisition of the equipment and has not formed the basis of any prior request for payment. T he equipment described below is part or all of the "Equipment" listed in Exhibit A to the Master Equipment Lease Purchase Agreement referenced above. Quantity Serial Number/Description: Amount: Payee: Payee’s Federal ID Number:________________________________ Lessee hereby certifies and represents to and agrees with Lessor as follows: (i) the equipment described above has been delivered, installed and accepted on the date hereof; (ii) Lessee has conducted such inspection and/or testing of said equipment as it deems necessary and appropriate and hereby acknowledges that it accepts said equipment for all purposes; (iii) Lessee is currently maintaining the insurance coverage required by Section 18 of the Agreement; (iv) no event or condition that constitutes, or with notice or lapse of time or both would constitute, an Event of Default (as such term is defined in the Agreement) exists at the date hereof. Dated: __________________________________ LESSEE Village of North Palm Beach Signature: Name/Title: PLEASE RETURN PAYMENT REQUEST TO: Pinnacle Public Finance, Inc. 8377 East Hartford Drive, Suite 115 Scottsdale, AZ 85255 EXHIBIT D INTERNAL ESCROW LETTER October 29, 2020 Pinnacle Public Finance, Inc. 8377 East Hartford Drive, Suite 115 Scottsdale, Arizona 85255 Re: Schedule of Property No. 3 dated October 29, 2020 to Master Equipment Lease Purchase Agreement dated February 21, 2020 (the “Lease”) by and between Village of North Palm Beach and Pinnacle Public Finance, Inc. Ladies and Gentlemen: We, Village of North Palm Beach (“Lessee”), have entered into the above referenced Lease with you, Pinnacle Public Finance, Inc (“Lessor”), for the purpose of financing the refuse vehicle (the “Equipment”) in the amount of $248,141.00 (the “Financed Amount”). Lessee hereby requests that Lessor fund to the vendor of such Equipment the amount of $0.00 (the “Funded Amount”) and that Lessor retain $248,141.00 (the “Retained Amount”). Lessee further requests that Lessor hold the Retained Amount in an internal escrow pending Lessor’s receipt of confirmation from Lessee that the Equipment has been delivered, inspected and accepted for all purposes by the Lessee. Lessee understands and agrees that interest shall accrue on the entire Financed Amount as of the date hereof, and further understands and agrees that any interest earned on the Retained Amount shall be paid to Lessor in consideration of managing the internal escrow account. Lessee acknowledges that Lessor may commingle the Retained Amount held by Lessor for the benefit of Lessee with other funds held by Lessor for its own account, so long as Lessor maintains segregation of such amounts on the books and records of Lessor. Sincerely, Village of North Palm Beach Signature: __________________________ Name/Title: __________________________ Date: __________________________ INSURANCE COVERAGE REQUIREMENTS LESSOR: Pinnacle Public Finance, Inc. LESSEE: Village of North Palm Beach Please Reference Control #102985 on the Certificate of Insurance 1. In accordance with Section 18 of the Agreement, we have instructed the insurance agent named below: (Please fill in name, address and telephone number). Telephone: ( ) Fax: ( ) Contact: a. All Risk Physical Damage Insurance on the leased equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming Pinnacle Public Finance, Inc. and/or its assigns, as Loss Payee. Coverage Required: Full Replacement Value b. Public Liability Insurance evidenced by a Certificate of Insurance naming Pinnacle Public Finance, Inc. and/or its assigns as Additional Insured. Minimum Coverage Required: $2,000,000.00 c. Workers’ compensation coverage as required by the laws of the State; provided that, with Lessor's prior written conse nt, Lessee may self-insure against the risks described in clauses. Proof of insurance coverage will be provided prior to the time the Equipment is delivered to us. PLEASE LIST NAME & ADDRESS AS FOLLOWS: Pinnacle Public Finance, Inc. 8377 East Hartford Drive, Suite 115 Scottsdale, AZ 85255 LESSEE: Village of North Palm Beach Signature: Name/Title: Date: PAYMENT INSTRUCTIONS Pursuant to the Master Equipment Lease Purchase Agreement dated February 21, 2020 (the “Agreement”), Schedule of Property No. 3, dated October 29, 2020, between Pinnacle Public Finance, Inc. (the “Lessor”) and Village of North Palm Beach (the “Lessee”), Lessee hereby acknowledges the obligations to make Rental Payments promptly when due, in accordance with Exhibit A-1 to the Agreement. LESSEE NAME: ______Village of North Palm Beach________________________ TAX ID#: 59-6017987 INVOICE MAILING ADDRESS:________________________________________________________________________________________ Mail invoices to the attention of: ______________________________________Phone (____)___________________Fax (___)_______________ Approval of Invoices required by: _____________________________________Phone (____)___________________ Fax (___)_______________ Accounts Payable Contact: ___________________________________________Phone (____)___________________Fax (___)______________ Processing time for Invoices:_____________________________Approval:___________________________Checks:________________________ Do you have a Purchase Order Number that you would like included on the invoice? No _____ Yes _____ PO#_______________________ Do your Purchase order numbers change annually? No_____ Yes_____ Processing time for new purchase orders:_______________________ LESSEE: Village of North Palm Beach Signature: Name/Title: Date: BANK QUALIFIED DESIGNATION Schedule of Property No. 3 dated October 29, 2020 to Master Equipment Lease Purchase Agreement dated February 21, 2020 Lessee hereby represents and certifies the following (please check one): Bank Qualified  Lessee has designated, and hereby designates, this Lease as a “qualified tax-exempt obligation” for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”). In making that designation, Lessee hereby certifies and represents that:  As of the date hereof in the current calendar year, neither Lessee nor any other issuer on beh alf of Lessee has designated more than $10,000,000 of obligations (including this Lease) as “qualified tax-exempt obligations”;  Lessee reasonably anticipates that the total amount of tax-exempt obligations (including this Lease) to be issued by or on behalf of Lessee (or allocated to Lessee) during the current calendar year will not exceed $10,000,000;  The Lease will not be at any time a “private activity bond” as defined in Section 141 of the Code;  The Lease is not subject to control by any entity and there are no entities subject to control by Lessee; and  Not more than $10,000,000 of obligations of any kind (including the Lease) issued by, on behalf of or allocated to Lessee will be designated for purposes of Section 265(b)(3) of the Code during the current calendar year. Non-Bank Qualified  Lessee has not designated this Lease as a “qualified tax-exempt obligation” for the purposes and within the meaning of Section 265(b)(3) of the Code. LESSEE: Village of North Palm Beach Signature: X Printed Name/Title: X Date: X Instructions for 8038-G: Updated for use with September, 2018 form The below described lines need to be completed by the Lessee: Line 2: Enter the EIN number of the Issuer (Lessee) An issuer (Lessee) that does not have an employer identification numb er (EIN) should apply for one on Form SS-4, Application for Employer Identification Number. This form may be obtained at Social Security Administration offices or by calling 1-800-TAX-FORM (1-800- 829-3676). You can also get this form on the IRS website at www.irs.gov. You may receive an EIN by telephone by following the instructions for Form SS-4. Lines 10a and 10b: Enter the name, title, and telephone number of the officer of the Issuer whom the IRS may call for more information If the issuer wishes to designate a person other than an officer of the issuer (including a legal representative or paid preparer) whom the IRS may call for more information with respect to this return, enter the name, title, and telephone number of such person. Line 39: Bank Qualified Designation Check this box if this Lease is designated as a “small issuer exception” under section 265(b)(3)(B)(i)(III). [Issuer (Lessee) reasonably anticipates that the total amount of tax- exempt obligations (including this Lease) to be issued by or on behalf of Lessee (or allocated to Lessee) during the calendar year 2020 will not exceed $10,000,000.] Lines 41a-41d and 42: Hedges If the issuer (Lessee) has identified a hedge, this section must be completed. Line 43: Written procedures regarding Remediation of Non-Qualified Bonds Check this box if Issuer (Lessee) has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements und er the Code and Regulations (see instructions). Line 44: Written procedures to monitor Section 148 of the Code Check this box if Issuer (Lessee) has established written procedures to monitor the requirements of Section 148 of the Internal Revenue Code (related to arbitrage and yield restriction). Lines 45a and 45b: Reimbursement If applicable, please identify whether any proceeds of the issue were used to reimburse expenditures. Please identify the amount of reimbursed expenditures and the date of the adoption of the official declaration of intent. [The instructions acknowledge that such declaration is not always required but do not provide guidance on completion without such requirement.] Signature and Consent: Please provide an authorized signature, date, and printed (or typed) name and title of the individual signing on behalf of Lessee. CERTIFICATE OF SIGNATURE AUTHORITY OF LESSEE October 29, 2020 Pinnacle Public Finance, Inc. 8377 East Hartford Drive, Suite 115 Scottsdale, AZ 85255 RE: Schedule of Property No. 3 dated October 29, 2020 (“Lease”) to the Master Equipment Lease Purchase Agreement dated February 21, 2020 (“Agreement”), by and between Village of North Palm Beach (“Lessee”) and Pinnacle Public Finance, Inc. (“Lessor”). Dear Pinnacle Public Finance, Inc., I, the undersigned, do hereby certify (i) that _____________________________________________________________________ (please print the name and title of the person who signed the lease documents on the line above) the officer of Lessee who executed the foregoing Lease and Agreement on behalf of Lessee and whose genuine signature appears thereon, is the duly qualified and acting officer of Lessee as stated beneath his or her signature and has been authorized to execute the foregoing Lease and Agreement on behalf of Lessee, and (ii) that the budget year of Lessee is from __________________ to __________________. Sincerely, Signature: Name/Title: Dated: The Certificate of Signature Authority of Lessee should be executed by an authorized individual confirming the executioner of the remaining documents is authorized. This document cannot be signed by the person signing the lease documents. VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Council FROM: Andrew D. Lukasik, Village Manager DATE: October 22, 2020 SUBJECT: RESOLUTION – Approval of a Payment to Farmers Table in the amount of $48,256.89 for buildout of the pavilion associated with the Country Club Clubhouse Project and establishing an amortized value of $656,001.57 for Farmer’s Tables’ pavilion and pool concession buildout cost. Village Staff is recommending Village Council consideration and adoption of a Resolution approving the payment of $48,256.89 to Farmer’s Table representing the Village’s share of costs associated with the completion of the North Palm Beach Country Club Clubhouse pavilion area. Additionally, Staff recommends that the Village Council establish the value of Farmer’s Tables’ pavilion and pool concession buildout costs at $656,001.57 in accordance with the Third Amendment to the Lease Agreement between the Village and Farmer’s Table. Background: During the construction of the Country Club Clubhouse Project and while Farmer’s Table was preparing to open the restaurant, the Village and Farmer’s Table discussed a proposal from Farmer’s Table to construct the pavilion so that it could be a closed, air-conditioned space. The approved design was for an open-air room pavilion with no air conditioning. Through the adoption of Resolution 2019-109 on September 26, 2019, the Village Council approved a Third Amendment to the Lease Agreement. The Third Amendment provided that Farmer’s Table was to pay all costs associated with the redesign and construction of the pavilion improvements, as was as the installation of additional equipment at the swimming pool concession area. These improvements would become fixtures and remain the property of the Village. Upon approval of the Third Amendment, the Village asked The Weitz Company to stop work on the buildout of the open-air pavilion. This stop work order was initiated by the Village to allow Farmer’s Table to make the necessary modifications without having to remove construction improvements associated with the Village’s open-air design. The Weitz Company, through Change Order #116, then issued a credit to the Village in the amount of $48,256.89, which represented the value of the labor and materials necessary to complete construction of the open-air pavilion. The Village had already purchased the materials for the pavilion, including tile and stone, electrical, caulking and waterproofing, stucco, carpentry and millwork, painting and flooring. Farmer’s Table contracted with Ibis Construction for the buildout of the pavilion which included the addition of air conditioning, Eurowalls, lighting, a bar and associated restaurant facilities, as well as improvements to the pool concession area at no additional cost to the Village. Although not specifically identified in the Third Amendment to the Lease Agreement, the Village had agreed during negotiations to provide a credit to Farmer’s Table for the amount the Village would have expended to complete the pavilion. The table below represents the Village’s credit from Weitz: Weitz Line Item Village Credit Tile/Stone/Caulk/Waterproofing $31,704.00 Electrical 2,080.00 Stucco 3,452.39 Painting 4,493.00 Finish Carpentry 5,175.50 Flooring Wood 1,352.00 Total $48,256.89 In addition to the foregoing, the Third Amendment to the Lease Agreement provides for a reimbursement of a prorated share of the cost of the improvements included in Farmer’s Tables’ construction plans for the pavilion and pool concession area in the event the Lease was terminated. Specifically, the Third Amendment states that, in the event that the Lease Agreement expires or is terminated for any reason other than a material default and breach by Farmer’s Table prior to the tenth anniversary of the Lease, the Village will pay Farmer’s Table a sum equal to the actual cost of the pavilion improvements and pool concession improvements amortized without interest over the course of ten (10) years. The Village has completed its assessment of Farmer’s Tables’ actual cost using the contract document between Farmer’s Table and Ibis Construction. The total construction amount per the pay application, which is attached to this agenda item, is $827,339.99. To determine the amount to be amortized pursuant to the Third Amendment to the Lease Agreement, the Village considered the following: Description Amount Farmer’s Table Contract with Ibis Construction $827,339.99 Change order for “Express” area (10,993.84) General Conditions (50,143.05) Overhead and Profit (56,276.64) Overhead doors (not provided) (5,668.00) Credit from the Village (48,256.89) Amortized Amount for Pavilion Buildout $656,001.57 This valuation has no impact unless the Lease Agreement between the Village and Farmer’s Table expires or is terminated for any reason other than a material default and breach by Farmer’s Table. The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department Account Number Account Description Amount Capital Projects Country Club Clubhouse Project K7600-66210 Construction and Major Renovation $48,256.89 Recommendation: Village Staff recommends Village Council adoption of the attached Resolution approving a payment to Farmer’s Table in the amount of $48,256.89, with funds expended from Account No. K7600-66210 (Clubhouse – Construction and Major Renovation), representing a credit toward the pavilion improvements and establishing the value of the pavilion and pool concession improvements at $656,001.57 in accordance with the terms of the Third Amendment. RESOLUTION 2020- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A PAYMENT TO FARMER’S TABLE IN THE AMOUNT OF $48,256.89 FOR THE BUILDOUT OF THE COUNTRY CLUB CLUBHOUSE PAVILION AND ESTABLISHING A VALUE OF THE PAVILION AND POOL CONCESSION IMPROVEMENTS PURSUANT TO THE THIRD AMENDMENT TO THE LEASE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2019-109 on September 26, 2019, the Village Council approved a Third Amendment to the Lease Agreement with Farmer’s Table whereby Farmer’s Table would construct improvements to the open-air pavilion and swimming pool concession area (“Improvements”) at its own cost and such improvements would remain the property of the Village; and WHEREAS, the Third Amendment further provided that the Village would pay Farmer’s Table for the cost of the Improvements, amortized over a ten-year period, in the event the Lease Agreement expired or was terminated for any reason other than a material default and breach by Farmer’s Table; and WHEREAS, the Village wishes to pay Farmer’s Table for the credit it received from The Weitz Company for stopping work on the Village’s original open-air design for the pavilion and establish the total cost of the Improvements in accordance with the terms of the Third Amendment; 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 a payment to Farmer’s Table in the amount of $48,256.89 toward the build out of the pavilion area of the Country Club Clubhouse, with funds expended from Account No. K7600-66210 (Country Club Clubhouse Project – Construction and Major Renovation). The Village Council further establishes the actual cost of the pavilion and pool concession area improvements, in accordance with the terms of the Third Amendment to the Lease Agreement, at $656.001.57. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH Public Works Department TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Steven J. Hallock, Director of Public Works DATE: October 22, 2020 SUBJECT: PRESENTATION – Village of North Palm Beach Lakeside Park Bulkhead The Lakeside Park bulkhead engineering has been completed and Village Staff is bringing the item to the Village Council for consideration, review, input and guidance. Background After Hurricane Irma, Village Staff was concerned with the condition of Lakeside Park and therefore conducted a Post-Hurricane Irma Shoreline Assessment utilizing Isiminger & Stubbs Engineering, Inc. This Assessment noted that the south bulkhead is in very poor condition. It simply has so many deficiencies that repair is not feasible. The bulkhead is clearly at or near the end of its useful life, and could suffer a structural failure at any time, especially during a severe rain event or during a sudden recession of the water level in the lake (such as from waves or a drop from an unusually high tide to a relatively low tide). The most likely failure would be failure of the anchor rod just behind the bulkhead or failure of the anchor connection to the bulkhead. The bulkhead could also fail by toe kick-out, in shear or bending, or by panels pushing through or breaking out of the king-pile flanges. Due to the very poor condition of the bulkhead, Village Staff recommended that the engineering be completed in case the bulkhead fails and an emergency repair is needed. As a result, $60,000 was budgeted in FY 2020 for the project and Village Council approved $52,712 to provide professional engineering on January 23, 2020 (Resolution 2020-06). Completing this engineering will also assist with seeking grant monies for the construction, which is currently not budgeted within the Village’s 5-year Capital Improvement Plan, and provide an engineering opinion of probable construction cost for budgetary purposes. Engineering Summary The proposed project consists of the replacement of the existing bulkhead around the south peninsula of Lakeside Park. The top of bulkhead will be at elevation +5.0’ NAVD to comply with the Village’s Code requirements. The new bulkhead will consist of reinforced concrete panels, prestressed concrete king piles, and a reinforced concrete cap. Most of the bulkhead will be tied back with anchor rods and traditional concrete dead men. At the east end, the bulkhead will be supported with rods across the peninsula to the opposite bulkhead. Recommendation Village Staff seeks Village Council consideration, review, input and guidance regarding the Village of North Palm Beach Lakeside Park Bulkhead Engineering. Height + Toe Depth - 9"Height + Toe Depth - 2'-0"Wall Joint spacing - 4" (29'-8" Max.) Scheme 3 Scheme 1 & 2 Prepare Foundation Per Spec. 455 (Spread Footings) Drainage Layer And PVC Drain (See Note 6) 6" Cl. (± 2" Tolerance)Varies (ToeDepth)Height (5'-0" Max.)1" Cl. Weep Hole Ground Surface Bars A & B @ 1'-6" Ctrs. (Max.) 6" (Typ.) 12 Bar A (Typ.)KeywayVaries Joint Seal 3" Cl. Bar B3" Cl.6"Slope Varies Max. 1:1 8" 3"1'-0"(Joint Seal, seeGeneral Note 5)1'-0"(Joint Seal, seeGeneral Note 5)Bars A (Typ.) Varies8" Bars B (Typ.)3" Cl.(Typ.)9"Max.Bars B @1'-6" sp.9"Max.� ƀ" V-Groove (Typ.) Ɓ"3ƅ"Ɓ"1ƅ"Ƃ" Chamfer 0.03 0.09 0.29 0.43 0.60 See General Note 4 1'-0" Min. to SHW (Except for slopes steeper than 1:2 with wall heights > 3', then 2'-0" Min.)Height(5' Max.)1'-0" 5 12 Soil Reinforcement when required (See Plans) See General Note 4 Slopes up to Max. 1:1 Height(5' Max.)9 12 1'-0" For Slopes ≤ 1:1ƀ 2'-0" For Slopes > 1:1ƀ 9 12 1'-0" Min. to SHW for Wall Height ≤ 2'-0" 2'-0" Min. to SHW for Wall Height > 2'-0" 1'-0" For Wall Height ≤ 2'-0" 2'-0" For Wall Height > 2'-0" SCHEME 3 (With Traffic Railing) KEYWAY & WALL JOINT DETAIL (TOP VIEW) LENGTHSIZEMARK GENERAL NOTES WEEP HOLES & DRAIN REQD. REINF. STEEL (LB.) SCHEME 3 CLASS NS CONCRETE (CY) SCHEME 2 SCHEME 1 HEIGHT (FT.) PER LINEAR FOOT OF WALL BAR A BAR B BILL OF REINFORCING STEEL BAR BENDING DIAGRAM 4ƀ" 4ƀ" 3ƀ"Height(5' Max.)Wall Joints equally spaced(30' Max., 5' Min.)ESTIMATED QUANTITIES FOR C-I-P WALL See Plans See Plans See Plans 1'-0" Min. to SHW A B 4 4 As Reqd. As Reqd. ** No No Yes Yes Yes 3 (4*) 4 (5*) 5 (6*) 6 (7*) 7 (8*) 0.11 (0.20*) 0.20 (0.32*) 0.32 (0.47*) 0.47 (0.65*) 0.65 (0.85*) 1' 2' 3' 4' 5' 1"R TYPICAL SECTION C-I-P CONCRETE GRAVITY WALL Lower Slope Varies Max. 1:2 Upper Slope Upper Slope SCHEME 1 (No Traffic Loading Effects & Upper Slopes ≤ 1:1ƀ) SCHEME 2 (With Traffic Loading or Upper Slopes > 1:1ƀ) Lower Slope Varies Max. 1:2 Lower Slope Varies Max. 1:2 Slopes up to Max. 1:1ƀ NOTES: 1. All bar dimensions are out to out. 2. Lap splices for Bars A must be a minimum of 1'-10". Organic Felt or preformed plastic bond breaker (Typ.) 0.08 0.14 0.22 0.32 (0.43*) 0.43 (0.55*) ESTIMATED QUANTITIES NOTES: For Scheme 3 Junction Slab and Traffic Railing see the referenced Index for estimated quantities. * Quantity for 2'-0" Toe Depth. ** Quantity for Scheme 3 assumes 1'-3" thick coping above Gravity Wall. Junction Slab (See Index 521-610, 521-620) 1. C-I-P Gravity Walls constructed as extensions of reinforced concrete retaining walls, except walls of proprietary designs, shall have the same face texture and finish as the reinforced concrete retaining wall. 2. Concrete for Gravity Wall shall be Class NS per Section 347. Concrete for Scheme 3 Junction Slab and Traffic Railing shall be Class II per Section 346, unless otherwise specified in the plans. 3. Reinforcing steel shall meet the requirements of Specification Section 931 (Grade 40 or 60). Smooth or Deformed Welded Wire Reinforcement (WWR) may be substituted on an equal area basis. Do not increase bar/wire spacing for Grade 60 reinforcing steel or WWR. 4. When required, for adjunct guiderail, see Index 515-070 or 515-080 as appropriate. For adjunct Type B fence see Index 550-002. 5. Joint Seal: Organic Felt bond breaker in accordance with Specification Section 400 or Type D-5 geotextile fabric in accordance with Specification Section 985. Mop all contact surfaces of concrete and Organic Felt or geotextile fabric with cut-back asphalt. Stop Organic Felt or geotextile fabric 6" below top of wall. 6. Provide a continuous 1'x1' clean gravel or crushed rock drain for wall heights 3 ft. and higher. Wrap drainage layer as shown, with Type D-3 geotextile fabric in accordance with Specification Section 985. Provide 8"x8" galvanized mesh with Ɓ" openings, at the inside end of the PVC Drain Pipe. Provide 2" Ø PVC Drain Pipe (Sch. 40) at 10 ft. max. spacing (when Drainage Layer is required). Locate outermost edge of Drain Pipe a minimum of 2'-0" from wall joints. 7. Cost of reinforcing steel, face texture, finish, joint seal, drain pipes, drainage layer, galvanized mesh and geotextile fabric to be included in the Contract Unit Price for Concrete Class NS, Gravity Wall. Cost of concrete for Junction Slab in Scheme 3, to be included in Contract Unit Price for Concrete Traffic Railing Barrier With Junction Slab. Adjunct railings or fences to be paid for separately.2"Railing type shown, see Plans for Traffic 36" Single-Slope Traffic Railing 10/30/20188:42:26 AMREVISIONDESCRIPTION: REVISION LAST ofSTANDARD PLANS FY 2019-20 SHEETINDEX GRAVITY WALL 11/01/17 1 1 400-011 14" 13 4"13 4" 3" Cover (Typ.) 4 ~ No. 8 Bars (Full Length) 4 ~ No. 10 Dowels 134"134"14"(See Nondrivable Unforeseen Reinforced Precast Splice Detail) 14"W3.4 Spiral Ties13 4"13 4"134"134"14"3" Cover (Typ.) Prestressing Strands 4 ~ No. 10 Dowels (See Drivable Unforeseen Prestressed Precast Splice Detail) 3" Cover (Typ.) W3.4 Spiral Ties See Alternate Strand Patterns14"14" W3.4 Spiral Ties 16 Turns @ 3" Pitch 5 Turns @ 1" Pitch Spiral Tie Spacing 1"6" Pitch 16 Turns @ 3" Pitch 5 Turns @ 1" Pitch 1"3"3"A A ELEVATION ALTERNATE STRAND PATTERNS SECTION A-A PILE SPLICE REINFORCEMENT DETAILS SECTION E-E SECTION D-D 3 4" x 3" Chamfer (Typ.) � Pile � Pile � Pile � Pile 8 ~ 0.6" Ø, Grade 270 LRS, at 33 kips 8 ~ 1 2" Ø (Special), Grade 270 LRS, at 31 kips 8 ~ 1 2" Ø, Grade 270 LRS, at 31 kips 12 ~ 7 16" Ø, Grade 270 LRS, at 21 kips 16 ~ 3 8" Ø, Grade 270 LRS, at 16 kips W3.4 Spiral Ties @ 6" pitch, full length NOTES: 1. Work this Index with Index 455-001 - Typical Details and Notes for Square Prestressed Concrete Piles and Index 455-002 - Square Prestressed Concrete Pile Splices. 2. Any of the given Alternate Strand Patterns may be utilized. The strands shall be located as follows: Place one strand at each corner and place the remaining strands equally spaced between the corner strands. The total strand pattern shall be concentric with the nominal concrete section of the pile.10/26/20178:14:55 AMREVISIONDESCRIPTION: REVISION LAST ofSTANDARD PLANS FY 2018-19 SHEETINDEX 14" SQUARE PRESTRESSED CONCRETE PILE 01/01/12 1 1 455-014 PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION TECHNICAL SPECIFICATIONS BULKHEAD REPLACEMENT LAKESIDE PARK 667 LAKESIDE DRIVE NORTH PALM BEACH PALM BEACH COUNTY, FLORIDA Owner: VILLAGE OF NORTH PALM BEACH SEPTEMBER 2020 Prepared by ISIMINGER & STUBBS ENGINEERING, INC. Coastal - Environmental - Marine Registry Number 8114 649 U.S. Highway 1, Suite 9 Post Office Box 14702 North Palm Beach, Florida 33408 (561) 881-0003 Index to Specifications: 1A…General Requirements 2A…Earthwork 3A…Demolition and Bulkhead Construction 4A…Concrete Mark A. Powell, P.E. License #65673 20029.TECHSPEC.01 PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 1A-1 SECTION 1A GENERAL REQUIREMENTS 1.0l SCOPE OF WORK: The Contractor shall furnish all labor, materials, tools, supplies, plant, equipment, and machinery necessary to complete the work in accordance with the contract documents. Materials or work described in words which have a well-known technical trade meaning shall be held to refer to such recognized standards. All materials and supplies shall be new unless otherwise specified. The specific work which is included is shown on the drawings and specified herein. 1.02 EXISTING UTILITIES AND STRUCTURES: The existing utilities and structures shown on the drawings, if any, were located from the Owner's and other records. Guaranty is not made that all existing facilities are shown or that those shown are entirely accurate. The Contractor shall assure himself of any utilities, structures or facilities prior to performing any work. Prior to start of work, the Contractor shall request each utility agency to advise him of the location of their facilities in the vicinity. The Owner and the Engineer will assume no liability for damages sustained or costs incurred because of Contractor's operations in the vicinity of existing utilities or structures. A. Buried Materials - Buried concrete, steel, and debris may exist at any location. B. Overhead Power Lines - Overhead power lines may exist on or near the site. Contractor is responsible for taking any necessary precautions if working in the vicinity. C. Underground Facilities - Pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and encasements containing such facilities which have been installed underground to furnish any of the following services or materials - electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water - may exist at the site. The Contractor shall take all necessary steps to locate and protect these facilities. In the event there are facilities that cannot be protected the Contractor shall flag these areas and bring them to the attention of the Engineer prior to the disturbance of these areas. 1.03 LAYOUT OF WORK-SURVEY LINES AND GRADES: A. Alignment Markers: The markers for alignment and location information may have been previously established, and consist of railroad spikes, iron pins, concrete monuments, and other types in customary use in the area. Contractor is responsible for confirming the accuracy of any existing alignment markers. If no acceptable alignment markers are currently present on the site, the Contractor shall employ, at the Contractor’s expense, a Florida Professional Surveyor and Mapper to install them. The Contractor shall lay out his work from these markers and shall be responsible for all measurements in connection therewith. The Contractor shall preserve all alignment and right-of-way markers and shall reset or replace at his own expense any and all which are removed, destroyed, or covered up by his work. In the event that additional markers, stakes or monuments are required, or in the event that previously established markers must be replaced, the PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 1A-2 Contractor shall employ, at Contractor’s expense, a Florida Professional Surveyor and Mapper to reset or replace them. B. Bench Marks: The Contractor shall lay out his work from bench marks or reference elevations supplied by the Contractor. These bench marks and elevations are the sole responsibility of the Contractor and, if replacement is required, either at the request of the Contractor or in the judgment of the Engineer, the Contractor shall pay for the cost of replacement. 1.04 OBSERVATION: The work will be conducted under the general observation of the Engineer for the Owner and is subject to observation by his appointed representatives to assess compliance with the plans and specifications. The representative is not authorized to change any provision of the specifications without written authorization of the Engineer nor shall the presence or absence of a representative relieve the Contractor from any requirements. 1.05 PRESERVING WATER QUALITY: The project is located adjacent to the waters of the Lake Worth and a man-made canal. No authorization is intended or implied for discharge to or pollution of these water bodies. The Contractor shall exercise extreme care to minimize degradation of water quality at the site. All necessary provisions shall be taken to ensure compliance with the water quality standards of the State of Florida. Attention is called to Chapter 62-302, Florida Administrative Code, and in particular, the requirement that turbidity shall not exceed 29 Nephelometric Turbidity Units (NTU) above background level. The waters of the project area are classified as Class III. Adequate silt containment procedures and equipment shall be used to control turbidity at all times. The Contractor is responsible for any violations of state water quality standards and any enforcement and/or compliance therefrom. 1.06 SALVAGED MATERIAL: Unless otherwise stated herein or noted on the drawings, all materials salvaged under this contract, if not desired by the Village, shall become the property of the Contractor. Salvaged materials may not be reused in the work, except upon written approval of the Engineer. All salvaged materials not reused shall be removed from the site of the work or otherwise disposed of by the Contractor in a manner satisfactory to the Engineer 1.07 SHOP DRAWINGS AND SAMPLES: As soon as practicable and no later than ten (10) days prior to the start of each applicable phase of construction, the Contractor shall submit to the Engineer for approval, a digital copy (via email mpowell@coastal-engineers.com) of the documents listed below. He shall also submit samples of the materials and equipment listed below. A. Lab Data, Specification Sheets, and Other Information: 1. Dimensioned Schematic Plan Showing the Limits of Demolition required to complete the project. 2. Concrete and Flowable Mix Design. 3. 14” Prestress Piling. Provide the DOT index sheet with the name of the prestress plant fabricating the piling. 4. Shop drawings for west property line closure pour and seal between concrete bulkhead cap and gravity return wall. 5. Shop drawings for the tie-back rods, nuts, couplers, and washers indicating the grade of steel and zinc coating specifications. 6. Reinforcement Order Sheets/Shop Drawings indicating the grade of steel and PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 1A-3 zinc coating specification. 7. Concrete Cylinder Testing Results. 8. Compaction Testing Results 1.08 WORK SITE TIME AND AREA RESTRICTIONS: Contractor may restrict access to the immediate work area in coordination with General Contractor. The Contractor is responsible for compliance with all applicable Lost Tree Village, municipal, and/or county work site restrictions. 1.09 PERMITS AND FEES: The Contractor shall procure the required local building and other required permits and arrange for inspections. The Owner or General Contractor will pay such fees as are thereby incurred. The Owner has procured the required authorizations from the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers. The Contractor is fully responsible for compliance with these authorizations. A copy of these authorizations will be available from the Engineer. 1.10 SUBCONTRACTORS: All Subcontractors are subject to approval by the Engineer and Village of North Palm Beach. 1.11 COORDINATION: Contractor will be required to participate in any coordination meetings as may be required. Contractor is required to coordinate scheduling, access, staging, storage, and safety with the Engineer. Prior to start of work, a pre-construction conference shall be held on- site between the Village of North Palm Beach (of their designated representative), the Engineer, the Contractor, and all retained Subcontractors. 1.12 PROJECT CONDITIONS: A. The work consists of the partial demolition and offsite disposal of an existing bulkhead at an existing public park and the construction of a concrete panel replacement bulkhead. B. The work is to construct a facility for exposure to salt-laden atmosphere and direct exposure to salt water. At all times the Contractor shall exercise caution to utilize construction procedures and materials to minimize the effects of long-term corrosion. C. The project is located within a public park. The Contractor may not block access to or store any materials more than 60 feet landward of the bulkhead D. The Contractor shall block off access to the immediate construction area with barricades, as coordinated with the Village of North Palm Beach and Engineer. E. The Contractor shall utilize areas to be designated by the Village of North Palm Beach which are landward of the bulkhead for equipment, material, and personnel access. Access is also available from the water. All reasonable precautions shall be taken to prevent damage to any existing structures, features, or environmental resources on the property and adjacent properties. The Contractor shall take precautions to minimize damage to existing vegetation other than in these designated areas. No impacts to seagrass are authorized except as fully permitted, and the Contractor is responsible for unauthorized damages to seagrass, and any enforcement and/or compliance therefrom. PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 1A-4 1.13 PROSECUTION OF THE WORK: A. The Contractor shall submit his construction schedule to the Village of North Palm Beach and Engineer. B. The Contractor shall give the Village of North Palm Beach and Engineer 24-hours notice prior to beginning any new phase of construction. 1.14 QUALITY CONTROL: The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record on daily reports any problems in complying with laws, regulations, and ordinances, and corrective action taken. 1.15 VIBRATION MONITORING: The Village of North Palm Beach may employ a Soils Engineer with vibration measuring equipment to monitor impacts on adjacent structures. The Contractor will be required to cooperate and may be required to modify the installation process including utilization of jetting or trenching to avoid undue vibrations off-site or on-site. The Engineer is not responsible for on-site or off-site damages due to vibrations. 1.16 CLEAN UP: Contractor shall clean up finished surfaces, storage areas and areas contiguous to the work. Contractor shall remove all debris, containers and scrap materials from the project site and dispose of in a legal manner. Contractor shall also touch up and restore any finishes that are damaged prior to final inspection. PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 2A-1 SECTION 2A EARTHWORK PART 1 - GENERAL 1.01 CONDITIONS OF THE CONTRACT: Conditions of the Contract, as indexed, apply to this section. 1.02 SCOPE: The work covered under this section consists of excavating, backfilling and filling with suitable material as required, and removing and satisfactorily disposing of unsuitable material. Included in this section is all excavation, backfill and finishing necessary for the construction, preparation and completion of all subgrades, slopes and intersections, all in accordance with the required alignment, grade, and sections shown on the plans or as directed by the Engineer. PART 2 - PRODUCTS 2.01 BACKFILL AND FILL: Backfill and fill shall be non-organic, granular, clean sand, free of debris, cinders, combustibles, roots, sod, wood, cellulose, organic materials, and materials subject to rot or termite attack. The fill shall have less than 10 percent fines (soil particles finer than the U.S. No. 200 sieve), not more than 5 percent organics (by weight), and no particle size greater than 1 inch. PART 3 - EXECUTION 3.01 EXCAVATION: The Contractor shall perform all excavation necessary to accomplish the construction indicated on the plans. Excavation shall be unclassified regardless of material encountered. All excavated material shall be reused on the project site except as noted. The top 8 inches of soil in the excavation area shall be removed and stockpiled and replaced as topsoil prior to final grading. The Contractor shall do all shoring necessary to perform and protect the excavation and as necessary for the safety of the workers and any existing facilities. Wherever excavations are made below the grades indicated on the plans, firm material shall be used to restore the area to the proper grade and shall be compacted in accordance with these specifications. 3.02 UNSUITABLE MATERIAL: Where muck, rock, clay or other material within the limits of construction is, in the opinion of the Engineer, unsuitable in its original position, the Contractor shall excavate such material and backfill the excavated area with suitable material, which shall be compacted and shaped to conform to the required section. 3.03 BACKFILL AND FILL: All backfill and fill material shall be clean and free of lumber, trash, rocks, or other debris. It shall be thoroughly compacted in layers not to exceed six inches. Prior to placing backfill, the areas upon which the backfill is to be placed shall be cleaned of all trash and debris of any nature, such as sheeting and bracing, unless directed by the Engineer to be left in place. Any sheeting and bracing allowed to be left in place shall be cut off a minimum of three inches below finished grade. PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 2A-2 3.04 FINISHING: This shall consist of the preparation, trimming and shaping to the lines and grades shown on the drawings, of all affected areas outside the paved areas in such a manner to receive grassing, sod, or planting without additional work. 3.05 COMPACTION: Areas to be compacted shall be moistened near the soil optimum moisture content, if necessary, and compacted in order to obtain the desired density. Backfill shall be placed in no more than 6-inch loose lifts, and compacted with hand operated vibratory compaction plates, or tamped, to at least 95% of standard Proctor maximum dry density. Heavy vibratory equipment (such as motorized vibratory smooth drum rollers) may not be used at the project site. In-place density tests may be made by an approved testing laboratory representative in accordance with AASHTO T-191 or T-238. Test locations are to be selected by the Engineer. The cost of testing, and retesting of failing areas, shall be paid by the Contractor. Test reports shall be submitted to the Engineer in triplicate. Additional special tests may be ordered by the Engineer if there is a question as to compliance with the contract documents, and shall be paid for by the Contractor. If the work is in compliance with the contract documents, the Owner or General Contractor will reimburse the Contractor for the additional special tests. The Owner or General Contractor may employ a Soils Engineer with vibration measuring equipment to monitor impacts on the nearest adjacent structures throughout the compaction process. The Contractor will be required to cooperate and may be required to modify the backfill compaction process including utilization of water for compaction to avoid undue vibrations off- site, or on-site. PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 3A-1 SECTION 3A DEMOLITION AND BULKHEAD CONSTRUCTION PART 1 - GENERAL 1.01 CONDITIONS OF THE CONTRACT: Conditions of the Contract, as indexed, apply to this section. 1.02 SCOPE: Work covered by this section of the specifications consists of furnishing all plant, labor, equipment, appliances and materials in performing all operations in connection with the construction of the bulkhead, tieback system, cap, miscellaneous metal and hardware. 1.03 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The construction of the bulkhead under this contract shall be in strict accordance with the applicable provisions of the following codes, standards and specifications: A. American Association of State Highway and Transportation Officials (AASHTO). B. Florida Department of Transportation (DOT Standard Specifications for Road and Bridge Construction, latest edition). C. American Society for Testing and Materials (ASTM). D. American Concrete Institute (ACI) Building Code Requirements for Structural Concrete (ACI 318-14) PART 2 - PRODUCTS 2.01 CONCRETE: Minimum cylinder compressive strength at 28 days shall be 5,500 psi for the bulkhead cap, anchor slab, and all cast-in-place or precast concrete unless otherwise noted. All concrete shall conform to the requirements of Section 4A of these specifications. 2.02 STRUCTURAL FILL: Structural fill shall meet the FDOT Standard Specifications for Road and Bridge Construction (latest edition), Section 121. The Contractor shall submit the structural fill mix design for review by the Engineer. 2.03 STRUCTURAL STEEL: B. Welding rods and welding procedure shall conform to AWS Code D1.1 or AISC S320. C. Fabrication shall be in accordance with the applicable provisions of AISC S320. D. Materials shall be handled, shipped and stored in a manner that will prevent distortion or other damage. Material shall be stored in a clean, properly drained location out of contact with the ground. All damaged material shall be replaced or repaired in an approved manner by and at the expense of the Contractor. 2.04 HARDWARE: All hardware shall be 316 stainless steel unless otherwise specified. 2.05 PRESTRESSED KING PILES: Prestressed king piles shall be constructed as detailed in PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 3A-2 FDOT Index Sheet 455-014 and in accordance with Section 450 of the FDOT Standard Specifications for Road and Bridge Construction. The plant fabricating the piles shall have a quality control program which is currently certified by FDOT. 2.06 CONCRETE SHEET PANELS: Concrete wall panels shall be precast units, constructed as detailed on the plans. Precast concrete shall conform to the requirements of Sections 4A. All reinforcing steel shall be placed as detailed on the plans, and shall conform to the requirements of Sections 4A. 2.07 CONCRETE DEADMAN ANCHORS: Concrete deadman anchors shall be precast either onsite or offsite. Concrete shall conform to the requirements of Sections 4A. All reinforcing steel shall be placed as detailed on the plans, and shall conform to the requirements of Sections 4A. 2.08 TIE-BACK RODS, NUTS, AND COUPLERS: Tie-back rods shall conform to the requirements of Grade 75 (ASTM A 615) Bar. The tie-back rods, nuts, and couplers shall be galvanized in accordance with ASTM A153, if possible. Regardless of the galvanizing coating thickness specified, it is the Contractor’s responsibility to ensure the nuts and couplers properly thread onto the tie-back rods. If a coating thickness less than the specified value in ASTMA A153 is required, Contractor shall notify Engineer and request an alternate coating thickness for approval. 2.09 BEARING PLATES AND WASHERS: Bearing plates shall conform to the requirements of Grade 75 Bar (ASTM A 572). Hardened washers shall conform to the requirements of ASTM F 436 and beveled washers shall conform the requirements of ASTM F 436/A 536, 80-55-06. Bearing plates and washers shall be hot dip galvanized to the minimum specifications of ASTM A123. PART 3 - EXECUTION 3.01 DEMOLITION: In coordination with the Village of North Palm Beach, the existing concrete sidewalk landward of the existing bulkhead shall be demolished as necessary and disposed of offsite. The limits of sidewalk demolition shall be coordinated with and approved by the Village of North Palm Beach and Engineer prior to proceeding. The existing bulkhead cap and bulkhead shall be demolished as necessary with all debris disposed of offsite. Care shall be taken to limit the spreading of debris into the submerged area fronting the subject property and adjacent properties. All debris shall be removed from the upland property, neighboring properties, and the submerged area immediately fronting the subject and neighboring properties. Debris shall be transported offsite and disposed of in an appropriate inland disposal area in accordance with all applicable federal, state, and local laws. Care shall also be taken to not damage any existing structures on the subject and adjacent properties. The Marine Contractor shall repair and/or replace damaged structures which were not approved to be demolished at no additional cost to the Village of North Palm Beach. 3.02 PRESTRESSED CONCRETE KING PILES: King piles shall be carefully located as shown on the drawings and installed in a plumb position, such that they maintain contact with the concrete sheets along the entire length of the sheet. Piles shall be installed with a variation of not more than PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 3A-3 1/8 inch per foot of pile length from the vertical. The Contractor shall drive all piles as true to line as practicable and shall provide suitable temporary wales or guide structures to ensure that the piles are driven in correct alignment. All piles shall be driven to the depths and shall extend to the elevations indicated on the plans. A tolerance of one inch above or below the indicated top elevation will be permitted. A location tolerance of one half inch each way in the direction parallel to the length of the bulkhead only will be permitted. Cutoffs will generally not be permitted, and require prior written authorization from the Engineer. King piles may be pre-augered and then jetted to 3 feet (min.) of grade and then driven to grade. The Contractor may be required to pull certain selected piles after driving for test and inspection, to determine the conditions of the piles. Any pile so pulled and found to be damaged to such extent as would impair its usefulness in the structure shall be removed from the work and the Contractor shall furnish and drive a new pile to replace the damaged pile. When a pulled pile is found to be sound and in satisfactory condition, it shall be redriven at the Owner's expense. 3.03 CONCRETE SHEET PANELS: Concrete panels shall be carefully located as shown on the drawings and placed in a plumb position, so as to form a continuous diaphragm throughout the length of the wall when the joint seals are installed, and such that they maintain contact with the concrete sheets and king piles along the entire length of the sheet. The Contractor shall place all panels as true to line as practicable and shall provide suitable temporary wales or guide structures to ensure that the panels are installed in correct alignment. All panels shall be set to the depths shown on the drawings and shall extend to the elevations indicated for the tops of panels. A tolerance of one inch above or below the indicated top elevation will be permitted. A location tolerance of one-half inch each way, measured relative to the center of the king pile, in a direction parallel to the bulkhead length only, will be permitted. Horizontal cutoffs (decreasing the vertical length of the sheet) will generally not be permitted, and require prior written authorization from the Engineer. The Contractor will not be permitted to trench or make any hole below the existing bottom on the waterward side of the bulkhead other than as necessary for removal of rubble, for the purpose of setting piles. Sheet panels may be jetted, punched, or driven to grade. The Contractor shall be responsible for laying out the bulkhead line, and casting special units to assure that the correct lengths of bulkhead are constructed. All joints between sheet piles shall be supported with a king pile or two king piles as indicated on the drawings, including all corners. 3.04 TIE-BACK RODS: Unless otherwise shown, tie-back rods shall be placed perpendicular in plan view to the bulkhead. The tie-backs shall be deadman type or bulkhead cap-to-cap system. Tie-back rod spacing or angle may be adjusted with the Engineer's approval to avoid encountered obstacles. The spacing and locations are indicated on the plans. The tie-back rods (and couplings) shall be continuously sleeved with PVC (Schedule 80). After tensioning is completed, the nut and washer at the deadmen shall be encapsulated in grout or approved alternative for corrosion protection. 3.05 CONCRETE ANCHOR SLAB: The elevation of the bottom of the concrete anchor slab shall be between one inch above and two inches below the elevation noted on the plans. The steel anchor rods shall be sleeved with schedule 80 PVC pipe from the waterward side of the anchor PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 3A-4 slab continuously to the back of the bulkhead cap. The waterward and landward ends of the PVC sleeve pipe can be embedded into the bulkhead cap and anchor slab, respectively. The nut on the waterward end of the anchor rod shall be tensioned after flowable fill placement and prior to concrete placement for the bulkhead cap. 3.06 CONCRETE: Cap and miscellaneous Concrete: Shall be constructed as detailed and shown on the plans and in these specifications. Forms must be used for the back, front, and front (waterside) bottom. Front forms may be metal or BBOES “Plyform” or equivalent plywood. 3.07 BACKFILL: The bulkhead shall be backfilled in accordance with Section 2A of these specifications, including placing in lifts and compacting, except that no heavy equipment shall be operated within 10 feet of the bulkhead and no backfill shall be pushed against the bulkhead. Prior to pouring of the bulkhead cap, the soil landward of the bulkhead shall be graded such that it is not higher than the top of the cap within five (5) feet landward of the bulkhead. 3.08 VIBRATIONS AND VIBRATION MONITORING: Vibrations may be monitored in the vicinity of existing structures by a Soils Engineer employed by the Owner. Vibrations shall not exceed an Amplitude-Frequency combination as determined by the USBM/OSM Plot that relates vibration amplitude and frequency with threshold damage potential for residential structures. If a vibratory hammer, diesel hammer, or drop hammer is used, it must be adjusted such that vibrations do not exceed this limit. If this limit cannot be observed with these types of hammers, the Contractor must utilize methods including jetting with a water jet, and pressing on the piles with heavy equipment. If, in the opinion of the Engineer, driving piles in a particular area poses a threat to an existing structure, the Contractor shall cease pile driving operations in that area, and trench down to the depth prescribed by the Engineer prior to further pile driving in that area. Other precautions may be prescribed as well. 3.09 SHORING: Contractor is responsible for shoring of bulkhead components at all times prior to pouring of the cap, prior to the cap concrete setting to the required strength, and during any dewatering or heavy equipment operations in the vicinity of the bulkhead, so that the wall and all components are maintained in the correct alignment without excessive loading. 3.10 HEAVY EQUIPMENT: Heavy equipment may not be operated within 10 feet of bulkheads. PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 4A-1 SECTION 4A CONCRETE PART 1 - GENERAL 1.01 SCOPE: The work shall consist of furnishing all materials and equipment and performing the necessary labor to do all concrete work shown on the drawings or incidental to the proper execution of the work specified for the bulkhead replacement (including the concrete cap and bulkhead panels). 1.02 GENERAL SPECIFICATIONS: A. American Concrete Institute (ACI). B. Concrete Reinforcing Steel Institute (CRSI). C. Portland Cement Association (PCA). D. American Society for Testing and Materials (ASTM). E. Florida Department of Transportation (DOT Standard Specifications for Road and Bridge Construction, Latest Edition). 1.03 TESTS AND INSPECTIONS: A. Testing Agency: A professional, independent testing laboratory, approved by the Engineer, shall perform all testing and inspection procedures specified. B. Payment: The Contractor shall bear all costs of sampling and testing of concrete cylinders, as noted herein. Additional special tests may be ordered by the Engineer if there is a question as to compliance with the contract documents. C. Reports: Execute immediately after completion of each procedure or inspection and forward promptly to the Engineer a digital copy (via email) of each report. D. Molded Concrete Compression Cylinders: One set of four cylinders each sampling for each day’s placement of each mix design, or each 50 cubic yards of each mix design, whichever occurs first. Sample according to ASTM C-172, process and cure according to ASTM C-31, and prepare and test according to ASTM C-39. Test one cylinder at age three days or seven days, as required by job conditions, and two cylinders for one valid test at 28 days. Fourth cylinder is to be cured and held for testing at 42 days if 28-day test indicates deficient results, or as a spare in case of cylinder damage. 1.04 FAULTY MATERIALS OR WORKMANSHIP: Materials and workmanship not complying with these specifications or as shown on the drawings shall be replaced or repaired, at the Contractor’s expense, to the satisfaction of the Engineer. PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 4A-2 PART 2 - PRODUCTS 2.01 MATERIALS: A. Concrete: Ready-mixed concrete shall be used. Concrete shall meet the FDOT Standard Specifications for Road and Bridge Construction (Latest Edition) requirements for Class IV concrete (5,500 psi compressive strength), using Type IL or Type II (MH) Portland cement, a maximum water/cement ratio of 0.40, and utilize slag as secondary cementitious material at 50% of total cementitious material by weight). The Marine Contractor shall submit the concrete mix design for review by the Engineer. B. Structural Fill: Structural fill shall meet the FDOT Standard Specifications for Road and Bridge Construction (latest edition), Section 121. The Contractor shall submit the structural fill mix design for review by the Engineer. C. Reinforcement: 1. Bulkhead Cap, Bulkhead Panels, Conc. Deadman, and Gravity Return Wall: Reinforcement shall be ASTM A-615, Grade 60 and zinc-coated (Galvanized) per ASTM A767/A767M. 2. All dimensions pertaining to location of reinforcing are to centerline of bars except where the clear dimension is shown to face of concrete. 3. Reinforcement detail dimensions are out-to-out of bars. 4. All tie wire used in placing steel reinforcement shall be zinc-coated (Galvanized). 5. Reinforcement embedded into existing concrete shall use epoxy bonding material which meets the requirements of Section 937 of the FDOT Standard Specifications for Road and Bridge Construction (Latest Edition) and are included on the FDOT Qualified Products List (QPL). D. Cement Grout: Mix one volume Portland cement, 2-1/2 volumes fine aggregate and sufficient water for the mixture to flow under its own weight. 2.02 FORMS: A. In accordance with the General Specifications. B. All snap ties used for forming shall be stainless steel (304 or 316). Form ties shall be of a design such that when forms are removed no metal shall be within two inches of the finished surface. Holes remaining from withdrawn tie rods or bolts shall be filled solid with BASF MasterEmaco® N 425, or approved equal, non-sag concrete repair mortar. PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 4A-3 PART 3 - EXECUTION 3.01 MINIMUM CONCRETE COVER: Cover for reinforcing steel shown for the new bulkhead shall meet the following minimum clearance based on placement and fabrication tolerances shown below: Cap: 3-1/2 inches at bottom, face, and top, and 3 inches on back (landward side) unless otherwise specified in construction plans. Wall Panels: As specified in the plans. Concrete Anchor Slab: As specified on the plans. Gravity Wall: As specified on the DOT Index Sheet. For placement tolerances see General Specifications. For Fabrication Tolerances see CRSI Manual of Standard Practice. 3.02 REBAR/THREADED BAR EMBEDMENT INTO EXISTING CONCRETE: Contractor shall pre-drill existing concrete in accordance with epoxy bonding material manufacturer specifications. Drilled holes shall be clean and free of dust or debris prior to placement of the bonding material. 3.03 PLACING: A. In accordance with the General Specifications. B. Measure, batch, mix, deliver, and provide delivery tickets for each batch of concrete in accordance with ASTM C94. Do not add water to concrete during delivery or during placement. Water is permitted to be added to a batch of concrete at the project site before placement of the batch begins, with the approval of the Engineer or his delegate, provided that the amount of water added does not exceed the allowed amount indicated on the delivery ticket. C. Construction joints shall be made only at locations indicated on the plans or as approved by the Engineer, and in such manner as not to impair the strength, water tightness, or appearance of the structure. 3.04 FINISHING: A. In accordance with the General Specifications. B. All exposed surfaces which show board marks, joint marks, or other irregularities after the forms are removed shall, at the discretion of the Engineer, be rubbed with carborundum brick, filled or otherwise dressed to produce a smooth, true surface. C. All top surfaces which are not covered by forms and which are not to be covered by PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 4A-4 additional concrete or backfill shall be carried slightly above grade and struck off by board finish. No special concrete or cement mortar topping course shall be used for finish unless shown on the drawings. Unless otherwise specified, the surface shall be floated to a true, regular surface with a float and shall be steel troweled to a smooth finish. Troweling shall be the minimum to obtain a smooth, dense surface and shall not be done until the mortar has hardened sufficiently to prevent excess fine material from being worked to the surface. All floor surfaces (including the top surface of the seawall cap) shall immediately after troweling be brushed with a janitor’s pushbroom to produce a nonslip surface. The brushing shall be sufficient to mark the surface without appreciably disturbing the troweled finish. 3.05 CURING: A. In accordance with the General Specifications. B. Immediately after placement, continuously keep concrete in moist condition, maintain specified concrete temperatures, and protect concrete from mechanical injury for the duration of the initial and final curing periods. C. Cure the concrete as follows: 1. Unformed surfaces - Apply one of the curing procedures listed in Sections 2 through 7 of ACI 308.1. If one of the curing procedures is used initially, it may be replaced by one of the other procedures after the concrete is 1 day old, provided that the concrete surface is not permitted to become dry at any time. 2. Formed surfaces -- Keep absorbent wood forms wet until they are removed. After form removal, cure the concrete by one of the procedures listed in Sections 2 through 7 of ACI 308.1 for the remainder of the curing period. 3. Curing period - When testing is not performed to determine the curing period, cure concrete for at least 7 days provided that the concrete surface temperature is at least 55°F. When strength basis testing is performed to determine the curing period, maintain curing procedures until test results meet or exceed requirements. 3.06 EMBEDDED ITEMS: A. In addition to steel reinforcement, pipes and other objects may be shown on the plans or ordered to be built into, or set in, or attached to the concrete. All necessary precautions shall be taken to prevent these objects from being displaced, broken or deformed. Before concrete is placed, care shall be taken to determine that any embedded PVC or wood parts are firmly and securely fastened in place as indicated. They shall be thoroughly clean and free of paint or other coating, rust, scale, oil or any foreign matter. The embedding of wood in concrete shall be avoided whenever possible, PVC or salt corrosion resistant stainless steel being used instead. The concrete shall be packed tightly around the pipes and other metal work to prevent leakage and to secure perfect adhesion. B. Concrete pouring operations shall not begin until the reinforcing steel, utilities, anchor PRELIMINARY - FOR BID PURPOSES ONLY – NOT FOR CONSTRUCTION 4A-5 bolts, etc. to be embedded in concrete have been approved by the Engineer. 3.07 REINFORCING STEEL: A. In accordance with the General Specifications. 3.08 CLEANUP: In accordance with the GENERAL REQUIREMENTS. ISIMINGER & STUBBS ENGINEERING, INC. PRINCIPALS: COASTAL ENVIRONMENTAL MARINE ASSOCIATES: Charles C. Isiminger, P.E. Matthew D. Butler, P.E. Darwin C. Stubbs, P.E. Mark A. Powell, P.E. P.O. Box 14702 649 U.S. Highway 1, Suite 9 North Palm Beach Florida 33408 Phone: 561-881-0003 Fax: 561-881-8123 Email: hq@coastal-engineers.com December 7, 2017 VIA EMAIL (kjackson@engenuitygroup.com) Engenuity Group, Inc. 1280 North Congress Avenue, Suite 101 West Palm Beach, FL 33409 Attn: Keith B. Jackson, P.E., Vice President Re: Post-Hurricane Irma Shoreline Assessment and Recommendations Village of North Palm Beach Lakeside Park, Lake Worth and Canal Frontage North Palm Beach, Palm Beach County, Florida Ladies and Gentlemen: Pursuant to your request, we conducted a cursory visual observation of the shoreline at the referenced property on November 3, 2017. In this letter report, we will describe the conditions observed and make recommendations pertaining thereto. It is beyond the scope of this report to evaluate safety considerations arising from various uses of the shoreline. We note the following: From the northeast corner of Lakeside Park, the shoreline extends southerly approximately 1,217 feet along the west side of Lake Worth to the southeast corner of the park. From the southeast corner, the shoreline extends approximately 171 feet westerly along the north side of a man- made canal. An aerial photograph of the park is attached as Exhibit 1. Description of Existing Shoreline: The northernmost approximately 45 feet of the park shoreline is protected by a seawall (the north seawall), which returns to the west approximately 37 feet from the southeast corner of this seawall. The exposed height of the wall ranges from approximately 4.4 feet at the north end to approximately 0.6 feet at the west end of the return. The wall is a concrete seawall, with pre-cast T-Piles, pre-cast concrete panels, and a poured in place concrete cap. The cap is approximately 1.5 feet in width and 1.0 feet in height. Along the north/south portion, the cap is cracked longitudinally along its length, and there are diagonal cracks in the panels and chips in the T- piles. There are also depressions in the soil behind the wall from what appears to be leakage through the joints. The east/west return wall is in similar condition. The cracking in the east/west portion is not as bad as in the north/south portion, but part of the cap is spalled off at the bottom (spalling is the cracking or in this case chipping of concrete resulting from the Page 2 Engenuity Group, Inc. December 7, 2017 corrosion and corresponding expansion of embedded steel reinforcement). There do not appear to have been any newer replacement anchor rods installed along this wall. At the southeast corner of the north seawall, a rock groin (the north groin) extends approximately 47 feet waterward. The groin ranges from approximately 15 feet to 20 feet wide and is constructed of unconsolidated boulders. The top of the groin at the seawall is approximately even with the bottom of the seawall cap, and the top of the groin extends approximately 2 feet above and roughly follows (or establishes) the slope of the beach going waterward. The groin ends at (or establishes) the approximate mean low water line. For a distance of approximately 500 feet south from the southeast corner of the north seawall, the shoreline of the park is unarmored. This area contains several large sea grape trees along the shoreline, which were moderately to severely undermined by the erosion event resulting from Hurricane Irma (Irma). For the next approximately 600 feet southward, the shoreline of the park is composed of a formerly restored dune, vegetated with sea oats and other salt tolerant, low growing vegetation. This area was also eroded from Irma, thereby exposing some of the broken concrete and other construction debris which was covered over by a restored dune in 1993/1994. While this erosion primarily resulted from wave action combined with higher than normal water elevations in Lake Worth resulting from Irma, there is an area approximately 415 feet north of the south end of this section of shoreline, which has been washed out from runoff of water from the land side. There are also two separate sets of wood stairs (dune walkovers) in this section. These walkovers have been slightly undermined by erosion from Irma, but remain standing. South of this section of the shoreline, at the south end of the park, is another seawall (the south seawall). The south seawall has a north/south section along the shoreline of Lake Worth which is approximately 48 feet long. At the north end, it returns to the west approximately 37 feet, and at the south end, it runs west approximately 171 feet along the north side of a man-made canal to the west property line of the park. The exposed height of this wall ranges from approximately 2 feet at the west end of the northern east/west section, to approximately 9.4 feet at the southeast corner. The wall is a concrete seawall, with pre-cast T-Piles, pre-cast concrete panels, and a poured in place concrete cap. The cap is approximately 1.5 feet in width and 1.0 feet in height along most of its length. A larger replacement cap has been installed along the eastern approximately 82 feet of the southern east/west section, wrapping around the southeast corner and extending approximately 12 feet north. This replacement cap measures approximately 3.1 feet in width and 1.3 feet in height. Along the southern east/west section, rock rip-rap has been placed along the toe of the wall. The rock is largely scattered, and appears to taper in toward the wall at the east and west ends. There is an apparent small gap in the rock approximately 50 feet from the west end. There are anchor rod ends extending out from the face of the T-piles which appear to be replacement anchors. The exposed ends (nuts and washers) have been grouted over, but are exposed by spalling of the grout in most locations and are heavily corroded. Page 3 Engenuity Group, Inc. December 7, 2017 Along the westernmost 89 feet of the southern east/west section, the cap is cracked and spalled, both longitudinally and transversely, the T-piles are chipped and previously grouted, and there are depressions in the soil behind the wall, correlated to the T-pile joint locations. The wall is slightly bowed out at the top in this section, with the bowed portion centered approximately 63 feet from the west end. Along the easternmost 82 feet of the southern east/west section, the wall is in similar condition except that the cap has been replaced with the wider, deeper cap as noted above. This cap has transverse cracking, especially at the T-pile locations, as well as longitudinal cracking (believed to be from spalling) on the waterward face. There also appear to be larger soil depressions behind this section, with some correlation to the joints. It is possible that there is some piping of soil under the panels in this location, given the slight increase in exposed height from the west end (approximately 8.6’ exposed height) to the east end (approximately 9.4’ exposed height). At the southeast corner, there are two 12-inch square prestressed batter pilings, one on the south side of the corner and one on the east. These were poured into the wider replacement cap. Along the north/south section, which totals approximately 48 feet in length, the south 12 feet is the continuation of the wider cap, and the north approximately 36 feet is the older, smaller cap. The wall in this section is in very poor condition. The panels are cracked vertically and diagonally. The T-piles are cracked and badly chipped. The wall has moved horizontally such that it is no longer straight, and there is a continuous depression of the soil landward of the wall. The southern newer cap section is cracked and spalled. The northern older cap section is badly cracked and chipped from spalling and moving. At the northeast corner of the south seawall, a rock groin (the south groin) extends approximately 44 feet waterward. The groin ranges from approximately 10 feet wide (along the waterward section) to over 30 feet wide (near the seawall) and is constructed of unconsolidated boulders. The top of the groin at the seawall is approximately even with the bottom of the seawall cap, and then slopes down at a slope of approximately 2 horizontal to 1 vertical to approximately just above the mean low water elevation, and extends out approximately level from there to the waterward end. The northern east/west section of the south seawall totals approximately 37 feet in length. This section is in poor condition, with cracking and chipping from spalling, and some movement of the cap (relative to adjacent sections of the cap, resulting in an offset). There are soil depressions behind the wall, and soil has washed out around the west end of the wall. Large boulders and concrete debris are stacked in front of the wall at the west end, and the sand beach extends westward approximately 28 feet in a curved (in plan view) configuration. Please see the attached photo exhibit. Most of the features described above are shown and briefly described by caption. Page 4 Engenuity Group, Inc. December 7, 2017 Recommendations: The north seawall is nearing the end of its useful life. We believe it dates to the early 1960s, and as such is likely over 50 years old. The T-piles, panels, and cap have all deteriorated. We did not dig down and inspect the anchor rods as part of this work, but are concerned based on our experience that they may be severely corroded as well, at least in the zone immediately behind the wall where salt water normally intrudes. While we believe that ideally the wall should be replaced, the wall has a relatively low exposed height for this type of wall, and as such, may not be structurally critical. At the same time, we do not know the length and corresponding penetration into the ground of the T-piles and panels, and this should be investigated further if the wall is not to be replaced. We do recommend that the leaking of soil be addressed in any case. Short of replacing the wall, this could be addressed by installation of filter fabric on the landward side of the wall. This would require excavation, and as such, would likely require the removal of the existing sea grapes and cabbage palm just landward of the wall. It could also be addressed by installation of interlocking sheet piling just landward of the wall. However, this would require some provision for any remaining anchor rods, and still may require removal of the trees. Sealing of the wall with landward interlocking sheet piling, or even backfilling to the top of the cap, would result in increased soil and hydrostatic pressure on the wall, and could create a problem unless new anchors are installed. Finally, it is possible that interlocking sheet piling could be placed on the waterward side of the wall, with the resulting gap filled by sand, gravel, or flowable fill, with rip-rap stacked on the waterward side of the sheets for structural support, aesthetics, and wave energy absorption. Along the approximately 500 feet of shoreline adjacent south of the north seawall, the sand has recruited naturally to near its pre-Irma elevation. Comparison of our observations and photos from November 3, 2017 to our observations and photos of December 5, 2017 demonstrates some of the natural recovery which has occurred to date. Please see the comparison photos at the end of the attached photo exhibit. Given the above, we believe that no further action is required at this time in this area of the shoreline. Along the southern approximately 600 feet of beach area, while there has been some natural recovery of the beach up to near the toe of the dune, the elevation to which the recovery can take place is limited, and the face of the dune remains scarped with exposed concrete debris. We recommend that the areas where the old buried rubble has been exposed be re-covered with sand and revegetated. The sand could be obtained by truck haul from a mine with good quality sand, from a dedicated dredging project, or from dredging by others. Quite often, when dredging is done for navigation, the contractor is searching for a convenient place to offload spoil. Obviously, it would have to be beach quality sand. Please note as referenced above that this same area was covered with sand and revegetated as part of a 1993/1994 Village of North Palm Beach project. We recommend filling to the same template, and revegetating with sea oats. Please see a copy of the plans for that project attached. In that case, the sand was obtained from dredging of the Intracoastal Waterway just south of the U.S. 1 Parker Bridge. The two groins in the park were installed as part of the same project. The south seawall is in poor condition. It simply has so many deficiencies that repair is not Page 5 Engenuity Group, Inc. December 7, 2017 feasible. The seawall is clearly at or near the end of its useful life, and could suffer a structural failure at any time, especially during a severe rain event or during a sudden recession of the water level in the lake (such as from waves or a drop from an unusually high tide to a relatively low tide). The most likely failure, in our opinion, would be failure of the anchor rod just behind the wall or failure of the anchor connection to the wall. The wall could also fail by toe kick-out, in shear or bending, or by panels pushing through or breaking out of the king-pile flanges. We believe that two options should be considered. The first option is replacement of the wall. The second option is installation of interlocking sheet piling on the waterward side of the wall, with the resulting gap filled by sand, gravel, or flowable fill, with rip-rap stacked on the waterward side of the sheets for structural support, aesthetics, and wave energy absorption. However, even if this option is found to be feasible, it would be limited to the northern east/west section and the north/south section. This is because utilization of this methodology on the canal side could overly hydraulically constrict the mouth of the canal, in our opinion. Finally, in regard to the groins, we believe that they very closely match the as-designed and as- built condition. Given that and the fact that they appear to have been effective to some degree in stabilizing the beach, we do not believe that the groins require any action at this time. Environmental Permitting Considerations: In regard to the recommended actions provided above, we believe that they are all likely to be permitted by the state and federal permitting agencies. Specifically in regard to each recommendation, we provide the following: In regard to the north seawall, if it is to be replaced within 18 inches waterward of its existing location, it would qualify for an exemption from state permitting, and as such, would likely receive a State Programmatic General Permit (SPGP), which is the federal (U.S. Army Corps of Engineers) authorization as delegated to the Florida Department of Environmental Protection (DEP). It is possible that on the north/south section, a Letter of Consent would be required from DEP for extending onto Sovereignty Submerged Land. If no action is taken on the north seawall except to install filter fabric or sheet piling on the landward side of the wall, even with temporary excavation to do so, no state or federal permitting would be required. If interlocking sheet piling is placed on the waterward side of the wall, with the resulting gap filled by sand, gravel, or flowable fill, with rip-rap stacked on the waterward side of the sheets, we believe that this would likely require a General Permit or an individual permit from DEP (depending on the width of the rip-rap), and a Letter of Permission (similar to an individual permit) from the Corps of Engineers. In regard to the southern approximately 600 feet of beach, if sand is placed and spread with revegetation, we believe that this would be authorized by DEP as a confirmation of exemption or even a determination of no jurisdiction. We believe that the federal authorization would be by determination of no jurisdiction, SPGP, or Nationwide Permit (an abbreviated authorization Page 6 Engenuity Group, Inc. December 7, 2017 compared to a Letter of Permission). In any case, the sand should be kept landward of the mean high water line. Finally, in regard to the south seawall, if it is to be replaced within 18 inches waterward of its existing location, it would qualify for an exemption from state permitting, and as such, would likely receive an SPGP as the federal authorization. Again, it is possible that on the north/south section, a Letter of Consent would be required from DEP for extending onto Sovereignty Submerged Land (actually more likely here than on the north seawall because of the location of the mean high water line). If on the northern east/west section or the north/south section, interlocking sheet piling is placed on the waterward side of the wall, with the resulting gap filled by sand, gravel, or flowable fill, with rip-rap stacked on the waterward side of the sheets, we believe that this would likely require a General Permit or an individual permit from DEP (depending on the width of the rip-rap), and a Letter of Permission from the Corps of Engineers. The north/south section would likely require a Letter of Consent from DEP for extending onto Sovereignty Submerged Land. We trust this has been helpful. Please call if you have questions. Thank you. Sincerely, ISIMINGER & STUBBS ENGINEERING, INC. Certificate of Authorization No. 8114 Charles C. Isiminger, P.E. License No. 39520 17115.CLT.01 Attachments: Exhibit 1 Photo Exhibit 1993 Plans This item has been electronically signed and sealed by Charles Curry Isiminger, P.E. on 12/07/2017 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Lakeside Park Photo Exhibit North Seawall: North/Seawall Section (Spalling of Cap, T-Pile, and Panels) North Seawall: North/South Section (Soil Loss Behind Wall) Lakeside Park Photo Exhibit North Seawall: North/South Section (Spalling of Cap, T-Pile, and Panels) North Seawall: East/West Section (Spalling of Cap and T-Pile) Lakeside Park Photo Exhibit North Groin Looking South North Groin Looking Southeast Lakeside Park Photo Exhibit North Groin Looking East Looking North at North Seawall and Groin Lakeside Park Photo Exhibit Looking South from North End Erosion on North Beach Lakeside Park Photo Exhibit Erosion Under Sea Grapes on North Beach Sea Grapes on North Beach Lakeside Park Photo Exhibit South Seawall: Northern East/West section (Rock and debris at west end) Erosion Under Sea Grapes on North Beach At North End of Dune Looking North Lakeside Park Photo Exhibit At North End of Top of Dune Looking South At North End of Dune Looking South Lakeside Park Photo Exhibit Small Washout on Dune Viewed from Above Small Washout on Dune Viewed from Above Lakeside Park Photo Exhibit Eroded Dune at North Walkover Stairs Eroded Dune at North Walkover Stairs Lakeside Park Photo Exhibit Eroded Dune with Exposed Debris Eroded Dune with Exposed Debris Lakeside Park Photo Exhibit Eroded Dune with Exposed Debris Eroded Dune with Exposed Debris Lakeside Park Photo Exhibit Eroded Dune with Exposed Debris Eroded Dune at South Walkover Stairs Lakeside Park Photo Exhibit Eroded Dune at South Walkover Stairs Eroded Dune at South Walkover Stairs Lakeside Park Photo Exhibit Eroded Dune with Exposed Debris Eroded Dune with Exposed Debris Lakeside Park Photo Exhibit Looking South at South Seawall Looking North from North of South Seawall Lakeside Park Photo Exhibit South Seawall: Northern East/West Section (Rock and Debris at West End) South Seawall: Northern East/West Section (Looking West) Lakeside Park Photo Exhibit South Seawall: Northern East/West Section (Cracking of T-Pile and Cap, Replacement Anchor Rod Exposed End) South Groin (Looking East) Lakeside Park Photo Exhibit South Seawall: Looking North at South Groin South Seawall: North/South Section (Looking North) Lakeside Park Photo Exhibit South Seawall: North/South Section (Cracking and Chipping) South Seawall: North/South Section Lakeside Park Photo Exhibit South Seawall: Southern East/West Section (Longitudinal Cracking on Face of New Wider Cap) South Seawall: Southern East/West Section (Newer Wider Cap) Lakeside Park Photo Exhibit South Seawall: Southern East/West Section (Typical Chipping/Cracking of Seawall Cap) South Seawall: Southern East/West Section (Replacement Anchor Exposed End) Lakeside Park Photo Exhibit South Seawall: Southern East/West Section Looking West (Showing Slight Bow in Seawall Cap) Lakeside Park Photo Exhibit Comparison Between November 2017 & December 2017 11/03/2017 Looking North at North Beach 12/05/2017 Looking North at North Beach Lakeside Park Photo Exhibit Comparison Between November 2017 & December 2017 11/03/2017 North Stairs 12/05/2017 North Stairs Lakeside Park Photo Exhibit Comparison Between November 2017 & December 2017 11/03/2017 South Stairs 12/05/2017 South Stairs