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10-11-2021 VC SP-A with attachments VILLAGE OF NORTH PALM BEACH SPECIAL SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS MONDAY, OCTOBER 11, 2021 501 U.S. HIGHWAY 1 7:00 PM Darryl C. Aubrey Deborah Searcy Mark Mullinix Susan Bickel David B. Norris Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/83319995287?pwd=NE5BMElWa3JuSmFIYTR6aENSOVgxQT09 Meeting ID: 833 1999 5287 Passcode: 121331 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 833 1999 5287 Passcode: 121331 Special Session Agenda, October 11, 2021 Page 2 of 3 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held September 23, 2021 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chamb ers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 2. 1ST READING OF ORDINANCE 2021-10 – ZONING IN PROGRESS – TABLED 8/12/21 Consider a motion to adopt on first reading Ordinance 2021-10 establishing a Zoning in Progress for the construction of single-family homes in the R-1 Single-Family Dwelling Zoning District. 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. 3. MOTION – Approval of a Change Order in the amount of $49,975.06 and Final Payment and Release of Retainage in the amount of $78,336.89 payable to Florida Blacktop, Inc. for the West Alleyway Project. 4. RESOLUTION – Establishing the list of Village holidays for calendar year 2022. 5. RESOLUTION – Approving an Eighth Amendment to the Agreement for Grant Services with RMPK Funding, Inc.; and authorizing execution of the Eighth Amendment. 6. RESOLUTION – Accepting a proposal from Splash & Swing, LLC for Tennis Court Maintenance Services at the North Palm Beach Country Club Tennis Center at an annual cost of $48,000; and authorizing execution of the Contract. 7. Receive for file Minutes of the Golf Advisory Board meeting held 8/16/21. 8. Receive for file Minutes of the Business Advisory Board meeting held 8/17/21. 9. Receive for file Minutes of the Planning Commission meeting held 9/14/21. 10. Receive for file Minutes of the Golf Advisory Board meeting held 9/20/21. 11. Receive for file Minutes of the Library Advisory Board meeting held 9/28/21. Special Session Agenda, October 11, 2021 Page 3 of 3 OTHER VILLAGE BUSINESS MATTERS 12. MOTION - Rescheduling the 11/11/21 Regular Council meeting and approving the suspension of the 11/25/21 and 12/23/21 Council meetings in observance of national holidays. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 23, 2021 Present: Darryl C. Aubrey, Sc.D., Mayor Deborah Searcy, Vice Mayor Mark Mullinix, President Pro Tem David B. Norris, Councilmember Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Aubrey called the meeting to order at 7:00 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Aubrey gave the invocation and Vice Mayor Searcy led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Special Session held September 8, 2021 were approved as written. STATEMENTS FROM THE PUBLIC Beth Dellinger, 104 W. Beverly Rd. Jupiter, FL, distributed a handout to Council regarding a low income, senior citizen municipal tax amendment for low income senior citizens over the age of 65. Ms. Dellinger requested that Council consider approving the amendment and submit it to the Property Appraiser by December 1, 2021 in order for it to be applied to the 2022 property taxes. Donna Harshaw, 143 Yacht Club Drive, expressed her concerns regarding the proposed development on U.S. Highway 1 and Yacht Club Drive. Mary Phillips, 525 Ebbtide Road, expressed her concern regarding negative public comments that have been made toward certain Village staff members. Ms. Phillips stated that the Village staff members that she has worked with have been very responsive and professional. Ms. Phillips stated that Village staff was doing a good job and that they were appreciated. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt and enact on second reading Ordinance 2021-16 entitled: Draft Minutes of the Village Council Regular Session held September 23, 2021 Page 2 of 10 PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING AND ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Vice Mayor Searcy and seconded by Councilmember Bickel to adopt and enact on second reading Ordinance 2021-17 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE VILLAGE OF NORTH PALM BEACH FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022 AND AUTHORIZING ALLOCATIONS, APPROPR IATIONS AND EXPENDITURES IN ACCORDANCE WITH THE BUDGET AND AS AUTHORIZED BY LAW; APPROVING A COMPREHENSIVE PAY PLAN AND AUTHORIZING THE VILLAGE MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; APPROVING A MASTER FEE SCHEDULE; PROVIDING FOR THE CREATION OF GOVERNMENTAL FUNDS WHEN NECESSARY; PROVIDING FOR THE RECEIPT OF GRANTS OR GIFTS; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS; PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND THE RE-APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE PRIOR FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik gave a presentation on the budget. Mayor Aubrey opened the public hearing on the ad valorem tax millage rate and budget. Deborah Cross, 2560 Pepperwood Circle, expressed her concerns with the stormwater assessment calculations and asked if staff planned to re-calculate the non-impervious square footage to reflect a more accurate representation of properties that are significantly smaller than the 5500 square foot average. Mr. Lukasik stated that the stormwater assessment fee was approved at the last Council meeting. Council directed staff to address the issue of stormwater assessment fee equity for the upcoming year. There being no further comments from the public, Mayor Aubrey closed the public hearing. Mayor Aubrey announced that the rolled back rate is 7.1226 mils, the percentage decrease over the rolled back rate is 1.02%, and the millage rate to be levied is 7.0500 mils. The motion to adopt and enact on second reading Ordinance 2021-16 approving the Ad Valorem Tax Millage Rate passed unanimously. The motion to adopt and enact on second reading Ordinance 2021-17 approving the Fiscal Year 2021-2022 Annual Budget passed unanimously. Draft Minutes of the Village Council Regular Session held September 23, 2021 Page 3 of 10 ORDINANCE 2021-12 PROSPERITY VILLAGE PUD – 4TH REQUEST FOR CONTINUANCE A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to continue the first reading of Ordinance 2021-12 to October 28, 2021. Thereafter, the motion to continue the first reading of Ordinance 2021-12 to October 28, 2021 passed unanimously. ORDINANCE 2021-18 CODE AMENDMENT – GARBAGE COLLECTION AND DISPOSAL A motion was made by Vice Mayor Searcy and seconded by Councilmember Norris to adopt and enact on second reading Ordinance 2021-18 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, “GARBAGE TRASH AND REFUSE,” OF CHAPTER 14, “HEALTH AND SANITATION,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING DIVISION 2, “GARBAGE COLLECTION AND DISPOSAL,” TO REMOVE REFERENCES TO COMMERCIAL AND RESIDENTIAL FEES FROM THE CODE AND REMOVE AND MODIFY OUTDATED PROVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose of the ordinance. Mr. Lukasik stated that references in the current code were in need of revision. Mr. Lukasik stated that references to the commercial fee, references to residential fees to support operations and other regulatory language that was not applicable to the Village’s solid waste operations today would be removed from the code. Mayor Aubrey opened the public hearing on the garbage collection and disposal ordinance. President Pro Tem Mullinix stated that there may be issues for businesses obtaining dumpsters and that the Village needs to be helpful and accommodating. Thereafter, the motion to adopt and enact on second reading Ordinance 2021-18 passed unanimously. CONSENT AGENDA APPROVED Item 9 was removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, the Consent agenda, as amended was approved unanimously. The following items were approved: Resolution approving a Blanket Purchase Order with Baker & Taylor, LLC for purchase of Village Library books in an amount not to exceed $36,000. Resolution approving the purchase of five cabana bench awnings and five electric water fountains for the Tennis Center from M.N. Kressler Holdings, Inc. d/b/a 10-S Tennis Supply utilizing Florida Recreation Development Assistance Program (FRDAP) Grant Funds at a total cost of $16,481.84. Resolution approving an Amendment to the License Agreement with Richard E. Cavanah, Inc. to utilize the Country Club Pool for organized swim training activities; and authorizing execution of the Amendment. Resolution appointing the Village’s Representative and Alternate Representative to the Public Risk Management of Florida (“PRM”) Board of Directors. Draft Minutes of the Village Council Regular Session held September 23, 2021 Page 4 of 10 CONSENT AGENDA APPROVED continued Receive for file Minutes of the Planning Commission meeting held 7/13/21. Receive for file Minutes of the Recreation Advisory Board meeting held 7/13/21. Receive for file Minutes of the Environmental Committee meeting held 8/2/21. Receive for file Minutes of the Planning Commission meeting held 8/10/21. Receive for file Minutes of the Library Advisory Board meeting held 8/24/21. RESOLUTION 2021-83 – SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT A motion was made by Vice Mayor Searcy and seconded by Councilmember Norris to adopt Resolution 2021-83 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT WITH TORCIVIA, DONLON, GODDEAU & RUBIN, P.A. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE SECOND AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Norris recommended that the hourly average rate for the Village Attorney should be at least the average hourly rate paid by other municipalities. The rate would be increased to $232 per hour instead of the requested $210 per hour. President Pro Tem Mullinix stated that the Village should pay the hourly rate that Mr. Rubin requested and not go any higher than that. A motion was made by Councilmember Norris and seconded by Vice Mayor Searcy to amend Resolution 2021-83 to change the Village Attorney’s increased hourly rate from $210 per hour to $232 per hour. Discussion ensued between Councilmembers regarding the Village Attorney’s service and the need to pay a fair and equitable compensation. Thereafter, the motion to amend Resolution 2021-83 passed 4 to1 with Mayor Aubrey, Vice Mayor Searcy, Councilmember Norris and Councilmember Bickel voting aye and President Pro Tem Mullinix voting nay. Thereafter, the motion to adopt Resolution 2021-83 as amended passed 4 to1 with Mayor Aubrey, Vice Mayor Searcy, Councilmember Norris and Councilmember Bickel voting aye and President Pro Tem Mullinix voting nay. RESOLUTION 2021-84 – ARBORICULTURAL SERVICES AT COUNTRY CLUB GOLF COURSE A motion was made by Councilmember Bickel and seconded by Councilmember Norris to adopt Resolution 2021-84 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO ALL FLORIDA TREE AND LANDSCAPE, INC. FOR ARBORICULTURAL SERVICES AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE UTILIZING PRICING ESTABLISHED IN AN EXISTING AGREEMENT WITH THE CITY OF WESTON AND AUTHORIZING THE MAYOR AND Draft Minutes of the Village Council Regular Session held September 23, 2021 Page 5 of 10 RESOLUTION 2021-84 – ARBORICULTURAL SERVICES AT COUNTRY CLUB GOLF COURSE continued VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Country Club Manager Beth Davis explained the reason for the resolution. Ms. Davis stated that the program was for the trimming of oak trees, removing sable palms that are choking out the oak trees and removal of non-native trees and other tree trimmings and cleaning up of landscaping on the golf course. Thereafter, the motion to adopt Resolution 2021-84 passed unanimously. RESOLUTION 2021-85 – MILLING, RESURFACING AND STRIPING OF SPECIFIED VILLAGE ROADWAYS A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Searcy to adopt Resolution 2021-85 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM J.W. CHEATHAM LLC FOR MILLING, RESURFACING AND STRIPING OF SPECIFIED VILLAGE ROADWAYS PURSUANT TO PRICING ESTABLISHED IN AN EXISTING AGREEMENT FOR MISCELLANEOUS PUBLIC WORKS PROJECTS WITH THE CITY OF PALM BEACH GARDENS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Assistant Public Works Director Chad Girard explained that approval of the resolution would allow infrastructure surtax money to be used for the milling, resurfacing and striping of Kingfish Road, Dogwood Road, Lagoon Road, Westwind Drive, Fairwind Drive, Golfview Road, McClaren Road and Inlet Road. Milling and resurfacing would be done on Lighthouse Drive as well as ADA improvements and striping the crosswalks at the Anchorage Drive intersection between the east side of the bridge to Eastwind Drive. Vice Mayor Searcy stated that all but $17,241.50 of the funds for the project were coming from infrastructure surtax money. Vice Mayor Searcy asked how the roads were chosen for the project. Mr. Girard explained that the roads were chosen through a street survey that was don e a few years ago. The roads were identified as the worst on the survey. Additional roads identified in the survey would be milled and resurfaced in the future. Vice Mayor Searcy asked about the timeline for the project. Mr. Girard explained that the contract allows for 90 days to complete the project but that it would only take approximately 30 days to complete. Thereafter, the motion to adopt Resolution 2021-85 passed unanimously. Draft Minutes of the Village Council Regular Session held September 23, 2021 Page 6 of 10 MAYOR AND COUNCIL MATTERS/REPORTS Mayor Aubrey announced that Council attire would change back to formal business attire on October 1st. Councilmember Bickel asked if Council wanted to consider the low income, senior citizen municipal tax amendment for low income senior citizens over the age of 65. Discussion ensued and Council came to consensus to direct staff to review and consider the low income, senior citizen municipal tax amendment for low income senior citizens over the age of 65 for the FY 2022-2023 budget. Vice Mayor Searcy stated that Chuck Huff would begin as the new Director of Public Works on October 1st. Vice Mayor Searcy congratulated Mr. Huff stating that he would do a great job and wished him the best of luck. Vice Mayor Searcy stated that she and President Pro Tem Mullinix were in attendance at the first Ad Hoc Residential Zoning Code Committee and that the Committee concurred with the recommendations brought forward by staff and the Planning Commission had approved. Vice Mayor Searcy asked for Council to consider rescheduling the Regular Council Meeting scheduled for October 14th so that all Councilmembers could be in attendance to hear the proposed Zoning in Progress ordinance on first reading. Mayor Aubrey and Manager Lukasik would not be able to attend the meeting on October 14th. Discussion ensued and Council came to consensus to have a Special Meeting on Monday, October 11th at 7 p.m. to hear the proposed Zoning in Progress ordinance and to keep the Regular Meeting on October 14th. Robert Silvani, 100 Cruiser Road, South expressed concerns with bringing back the Zoning in Progress for consideration on October 11th stating that the Ad Hoc Committee had not finalized all of their recommendations. Mr. Lukasik clarified that the proposals or recommendations brought before the Ad Hoc Committee by Village staff were finalized and agreed upon. Any outstanding issues were going to be addressed by deliberation through a longer term strategy and was a recommendation by the Ad Hoc Committee as a whole. Mayor Aubrey clarified that the Zoning in Progress ordinance was a temporary change, not a permanent change. A final code change would be made over a longer term. VILLAGE MANAGER MATTERS/REPORTS Director of Leisure Services Zak Sherman began a presentation regarding a proposed agreement with Palm Beach Crew for the use of Anchorage Park. Mr. Sherman explained that Palm Beach Crew was a non-profit rowing club headed by Coach Susan Saint Sing. Mr. Sherman explained the proposed rowing classes and programming. Palm Beach Crew currently stores their boats in the Village’s dry storage area and pays current rental rates. Staff has requested that the y remove their boats from storage to maximize the storage capacity for resident needs. Palm Beach Crew proposed the creation of a fenced in area with landscaping for storage. Staff recommended a location between the tennis court and the dog park. Draft Minutes of the Village Council Regular Session held September 23, 2021 Page 7 of 10 VILLAGE MANAGER MATTERS/REPORTS continued Mr. Sherman explained the dimensions and material of the proposed fencing and storage racks, and stated that Palm Beach Crew would be responsible for the installation of the fencing and landscaping. Palm Beach Crew would pay the Village a yearly rental fee of $1500 for the area. Mr. Sherman requested Council direction and input on the proposed agreement. Mr. Sherman stated that the proposal was given to the Recreation Advisory Board and they unanimously approved to move forward for Council’s consideration. Chris Kogstrom, 536 Anchorage Drive, stated that he supported the proposed agreement with Palm Beach Crew. Lisa Interlandi, 150 Anchorage Drive, stated that her son was a member of the rowing club and that it was a great sport program to have in the Village. She recommended extending the one (1) year term in the proposed agreement to a three (3) year term. Scott Hicks, 416 Westwind Drive, stated that his son was also a member of the rowing club and supported the proposed agreement. Deborah Cross, 2560 Pepperwood Circle South, stated that she supported the idea of the rowing club agreement but had concerns regarding the fenced area and walkway. She recommended using metal instead of wood as the materials for the proposed structure. Ms. Cross asked if there would be classes or opportunities to learn rowing without participating in competitions. Mr. Sherman clarified and stated that the walkway would remain and there wouldn’t be any impediment of the sidewalk and only the racks for the boats would be made of wood and would be hidden from view. Susan Saint Sing of Palm Beach Crew discussed and explained the classes and programing that would be offered. President Pro Tem Mullinix asked if the lease term could be lengthened to five (5) years. Vice Mayor Searcy asked about liability and for clarification on the fee structure. Mr. Sherman explained the fee structure and clarified that the fee would be $2 per person, per class. Mayor Aubrey stated that he supported staff drafting the agreement and lengthening the proposed lease term. Councilmember Norris asked why a special storage place was being proposed for the rowing club. Mr. Sherman stated that the rowing club was currently storing their boats in the dry storage area of the park and there was currently a waiting list for resident’s boats and recreational vehicles. By moving the rowing club’s boats, it would free up space for residents. Also, since the dry storage was scheduled to be renovated within the next year, there needed to be an alternative location for the rowing boats. Mr. Rubin explained that if the agreement was an instructor agreement, the instructor would have to provide proof of insurance and there would be an indemnification clause in order to use the Village’s property. Draft Minutes of the Village Council Regular Session held September 23, 2021 Page 8 of 10 VILLAGE MANAGER MATTERS/REPORTS continued Vice Mayor Searcy requested that the Village receive some type of recognition or promotion from the rowing club through their advertisements. Ms. Saint Sing stated that the rowing club could put the Village’s logo on their trailer and their website but cannot have advertisements on the boats or athletes when racing. Council directed staff to draw up an agreement with Palm Beach Crew and bring it back to a future Council meeting for consideration. Village Clerk Jessica Green explained that the Palm Beach County Supervisor of Elections gave recommendations for changes in the municipal election process that would ensure a more efficient and cost-effective administration of future elections. Included in these recommendations was the option of designating one single Canvassing Board that would have the ability to canvass all of the municipal elections simultaneously on a given day and would eliminate the need for each municipality’s canvassing board to be present on election night until the process of canvassing ballots was complete. Mrs. Green explained that it would not change any of the other duties performed by the municipal clerk. The Palm Beach County Supervisor of Elections would be designated as the official Supervisor of the Village’s Uniform Municipal Election. Vice Mayor Searcy expressed concern over giving up the municipalities’ control of having their own canvassing board. Mr. Rubin explained that the Palm Beach County Supervisor of Elections and her staff already handle and tabulate all of the election ballots. The canvassing board only reviews any disputed or questionable ballots. President Pro Tem Mullinix asked if anyone could be present on election night to observe the canvassing of ballots. Mr. Rubin stated that the canvassing board meetings were public meetings and that anyone could be present. Discussion ensued between Councilmembers regarding the option of utilizing a single canvassing board for municipal elections. Mrs. Green stated that Palm Beach County was one of the few counties in Florida that did not utilize a single canvassing board. The majority of Councilmembers agreed to utilize the option of a single canvassing board for municipal elections. Mr. Rubin stated that the use of a single County Canvassing Board would be included in an upcoming resolution that would announce the Village’s next municipal election. Mr. Lukasik began a presentation regarding Lakeside Park parking management. Mr. Lukasik discussed and explained the location of the park, its beach access and parking lot. Mr. Lukasik discussed resident identified issues which were parking and overcrowding, crime and nuisances and safety and security. Mr. Lukasik discussed the park’s parking enforcement area. Draft Minutes of the Village Council Regular Session held September 23, 2021 Page 9 of 10 VILLAGE MANAGER MATTERS/REPORTS continued There was no parking during the day on weekends and holidays without a permit and the ordinance allowed for enforcement on Lakeside Court from Anchorage Drive to Atlantic Road which includes Dory Road, Cruiser Road, Buoy Road, Atlantic Road and Lakeside Court. The parking issues and impacts were that parking was limited, vehicles park illegally on neighborhood streets and were predominately non-residents. Residents were not able to drive to the park and the volume of vehicles was overwhelming for the neighborhood. Mr. Lukasik discussed the Recreation Needs Assessment Survey results regarding “Village Residents” only at Lakeside Park. Mr. Lukasik discussed possible strategies such as a “resident only” park, permit parking, more parking spaces, partnering with U.S. Highway 1 businesses and a shuttle service. Mr. Lukasik stated that staff was recommending the strategy of permit parking where residents would receive free permits and non-residents would pay a fee. Mr. Lukasik stated that parking restrictions continue to be enforced and recommended creating a Park Ranger position to help enforce parking and park regulations. Ryan Nagle, 136 Cruiser Road South, expressed his concerns regarding allowing non-residents to utilize Lakeside Park and the issues with parking in and around the park. Leanne Schmitt, 604 Eastwind Drive, stated she participated in the Recreation Needs Assessment discussions and had heard the concerns and frustrations of residents with regards to Lakeside Park parking. Ms. Schmitt stated the question of whether or not the park could receive grant monies i f it was made into a resident only park had not yet been answered. President Pro Tem Mullinix stated that there were twenty-two (22) parking spaces at Lakeside Park. The park is small and the parking is limited. The park touches the backyards of residences located along the park. President Pro Tem Mullinix stated that there was a covenant that stated that residents who live along the park have a say in how the park was utilized. President Pro Tem Mullinix recommended parking permits for Lakeside Park. Discussion ensued between Councilmembers regarding parking permits and restrictions at Lakeside Park. Considerations made were to change allowing on street parking to seven (7) days a week and expanding the parking permit to Village businesses and schools who utilize the park. Council directed staff to return with recommendations based on the considerations that were discussed. Mr. Lukasik stated that staff would bring back their recommendations based on Council’s input. Building Official Wayne Cameron began a presentation that gave an update on changes to the building code related to inspections on condominiums and a County-wide Building Recertification Program. Mr. Cameron gave a recap of the activities that had been taken towards the development of a Major Structure Recertification. A series of meetings that took place between Building Officials and the County resulted in the decision to develop a model suitable for local adoptions county-wide. Mr. Cameron discussed and explained the Major Structure Recertification League of Cities model. The current suggested building safety inspection program would be for buildings 25 years or older east of Interstate 95, 35 years or older west of Interstate 95 and 25 year or older buildings in any location that have modified balconies, decks, elevated walkways with tile, and artificial turf or other finishes. Waterproofing inspections would be done beginning with the initial safety inspection, subsequent structural and electrical building inspections would be required at 10 year intervals and subsequent waterproofing inspections shall occur at 5 year intervals. Draft Minutes of the Village Council Regular Session held September 23, 2021 Page 10 of 10 VILLAGE MANAGER MATTERS/REPORTS continued The Building Code Advisory Board voted unanimously to recommend the Building Safety Inspection Program to the Board of County Commissioners of Palm Beach County at the October meeting. Mayor Aubrey asked if a draft document would be created that the Village would then use as a template to create or amend its building code. Mr. Cameron stated that was correct and it would be the Village’s ordinance to enforce. Discussion ensued between Mr. Cameron and Council regarding the Major Structure Recertification Program. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:12 p.m. VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Director of Community Development DATE: October 11, 2021 SUBJECT: ORDINANCE 1ST READING – Establishing a Zoning in Progress for the Construction of Single-Family Homes in the R-1 Single-Family Zoning District At the March 2nd Planning Commission meeting, staff gave a presentation about large homes that are being constructed in the Village and options that are available to address concerns being raised by residents, Planning Commission members, and the Village Council. Staff then gave a similar presentation to the Village Council at its April 8th meeting. The Council discussed possible strategies to develop and implement a revised residential Code, including a moratorium on tear- down and rebuilds or an expedited process to develop new Code provisions. Staff requested time to evaluate strategies in order to accomplish Council’s policy objectives. At a May 13, 2021 Village Council Workshop, Village Staff shared some preliminary observations about the housing trends in the Village with the Council and discussed possible methods to address Council’s policy direction. Specifically, staff recommended establishing a “Zoning in Progress” (ZIP) for the R-1 Zoning District that would continue to allow redevelopment of residential properties within certain parameters until amendments to the Code can be adopted. Staff also recommended the creation of an Ad-Hoc Committee of residents to evaluate permanent Code changes during the ZIP. Staff then drafted a Zoning in Progress Ordinance and presented it to the Planning Commission on June 8, 2021. The Planning Commission unanimously recommended approval. The Ordinance was brought to Village Council initially on July 8, 2021, but was ultimately tabled, as two members of the Council were absent. The Ordinance was again brought forward to Village Council on August 12, 2021. At that meeting, the Village Council tabled consideration of the ZIP Ordinance and opted to appoint members to the Ad-Hoc Committee at its August 26th meeting. The Council further requested that the Ad-Hoc Committee review the proposed ZIP and provide recommendations in October. The Ad-Hoc Committee met on September 20th to review the proposed ZIP. All members and alternates were in attendance, as were several residents. The Ad-Hoc Committee discussed the ZIP standards at length and generally agreed that the ZIP standards were a reasonable temporary solution. The committee voted 6-1 to recommend adoption of staff’s recommendations regarding minimum landscaped area and restrictions on 2nd story floor area. Due to uncertainty about the proposed maximum building height of thirty feet, the Ad Hoc Committee opted to recommend increasing the height to thirty-five feet for ridged roofs and thirty feet for flat roofs. Some members noted that there were issues, such as building height and 2nd story floor area, that they would like to further evaluate during the ZIP. Background: A major concern identified in the Citizens’ Master Plan was to “make sure the mass of new houses is compatible with adjacent houses”. A high priority task included in the Master Plan is to “establish regulations for infill single-family that ensure compatibility in the neighborhoods”. Since adoption of the Master Plan, reviewing the Village’s residential Zoning Code has been listed as a high priority task in the Village Council’s Strategic Plan. Based on feedback from the Planning Commission, Village Council, and the community, along with knowledge of best practices in other municipal zoning codes; staff believes there are a myriad of issues to address during the residential Code re-write process. However, much like the commercial Code re-write, this a substantial undertaking that may take well over a year to complete. The Village is currently in the midst of a significant residential building boom, where smaller homes are being torn down and replaced with much larger homes. Some residents believe these new homes are permanently altering the character of the community. Establishing a ZIP will allow the Village to temporarily create standards for properties in the R-1 Zoning District, while comprehensive revisions to the residential Code are workshopped and evaluated. Zoning in Progress Ordinance Staff presented the Zoning in Progress Ordinance to the Planning Commission on June 8, to Village Council on July 8 and August 12, and to the Residential Ad-Hoc Committee on September 20. As proposed, the ZIP will allow new construction and renovations to occur within certain parameters while the Village is undergoing the process of creating permanent updates to the R- 1 Zoning Code. The ZIP is proposed to last six months from the date of adoption, with the possibility of a six- month extension by resolution of the Village Council. As proposed, the ZIP Ordinance will establish regulations for three issues that have been identified in the R-1 Zoning District: A. Minimum Landscaped Area-There is currently no minimum required landscaped area or impervious surface restriction in the R-1 Zoning District. The proposed ZIP requires: 1. All one-story single-family homes shall have a minimum landscaped area of thirty-five percent (35%) 2. All two-story single-family homes shall have a minimum landscaped area of forty percent (40%) 3. All single-family homes (both one and two story) shall provide a minimum landscaped area of fifty percent (50%) in the required twenty-five foot (25’) front yard setback. Properties with frontage along collector roads (Lighthouse Drive and Prosperity Farms Road) shall provide a minimum landscaped area of forty percent (40%) in the required twenty-five foot (25’) front setback. Properties that have an irregular lot shape, meaning a lot which is not close to rectangular or square, and in which the width of the property at the front property line is less than required by the underlying zoning district shall provide a minimum landscaped area of twenty-five percent (25%) in the required twenty-five foot (25’) front setback. For the purposes of this subsection, the term minimum landscaped area shall mean a pervious landscaped area unencumbered by structures, buildings, paved or grass parking lots, sidewalks, pools, decks, or any impervious surface. Landscape material shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, or decorative rock or bark. No landscape material shall be used for parking. With respect to building permits for renovations of existing single -family homes, the minimum landscaped area standards shall apply only to the extent that the proposed scope of work impacts the applicable standard. B. Building Height-The code currently limits homes to a maximum of two-stories, but does not establish a maximum building height in feet. The proposed ZIP requires: All single-family homes shall be limited to two stories and thirty feet (30’) in height for flat roofs and thirty-five feet (35’) feet for all other types of roofs, including gable, hip, gambrel and shed roofs. For the purposes of this subsection, height shall be measured from the average elevation of the existing grade prior to land alteration for properties outside of special flood hazard areas and from the required design flood elevation for properties within special flood hazard areas. Height shall be measured to the highest point of the following: (1) the coping of a flat roof and the deck lines on a mansard roof; (2) the average height level between the eaves and roof ridges or peak for gable, hip or gambrel roofs; or (3) the average height between high and low points for a shed roof. Decorative architectural elements, chimneys, mechanical equipment, non-habitable cupolas, elevator shafts or similar appurtenances shall be excluded from the foregoing height restrictions. C. Second-story floor area-There are currently no restrictions on the mass of two-story homes. The proposed ZIP requires: The floor area of the second story of a single-family home shall be limited to seventy-five percent (75%) of the floor area of the first story. For the purposes of this subsection, floor area shall mean all space within the exterior walls of a structure and shall include roofed patios or balconies for the second story. Recommendation: Village Staff, the Planning Commission, and the Residential Ad-Hoc Committee recommend approval of the attached Ordinance establishing a Zoning in Progress for the Construction of Single-Family Homes in the R-1 Single-Family Zoning District. Page 1 of 3 ORDINANCE NO. _____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, ESTABLISHING A ZONING IN PROGRESS FOR THE 4 CONSTRUCTION OF SINGLE-FAMILY HOMES IN THE R-1 SINGLE-FAMILY 5 DWELLING ZONING DISTRICT; PROVIDING FOR EXPIRATION AND 6 EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; 7 AND PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, through the adoption of Resolution No. 2016-73 on October 27, 2016, the Village Council 10 formally adopted “The Village of North Palm Beach Citizens’ Master Plan Report dated October 20, 11 2016” (“Master Plan”) prepared by the Treasure Coast Regional Planning Council, including the 12 recommendations contained therein, as setting forth the guiding principles for future development and 13 redevelopment within the Village; and 14 15 WHEREAS, the Master Plan identified ensuring “the mass of new houses is compatible with adjacent 16 houses” as a major concern and included establishing “regulations for infill single-family development 17 that ensure compatibility in the neighborhoods” as a high priority task; and 18 19 WHEREAS, since adoption of the Master Plan, the Village Council has identified review of the 20 Residential Zoning Code as a high priorit y in its Strategic Plan; and 21 22 WHEREAS, the Village is experiencing a building boom, where smaller homes are being torn down and 23 replaced by larger homes, and while many of the new homes are in scale with the community, a number 24 of residents have raised concerns that larger, massive homes built to the current setbacks are permanently 25 altering the character of the Village; and 26 27 WHEREAS, the common concerns raised about larger homes are too much massing, height, lot coverage 28 and impervious area, together with the lack of architectural character; and 29 30 WHEREAS, to address these issues, the Village Council wishes to create an ad-hoc committee to review 31 and evaluate changes to the zoning regulations for the R-1 Single-Family Dwelling District and to 32 declare a Zoning in Progress that would allow homes to be constructed and renovated within the R-1 33 District subject to certain parameters relating to the height of two-story homes, the massing of the second 34 story and the amount of landscaped open space; and 35 36 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 37 of the residents and citizens of the Village of North Palm Beach. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 40 NORTH PALM BEACH, FLORIDA as follows: 41 42 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 43 44 Section 2. As of the effective date of this Ordinance, all applications for building permits relating to 45 the construction or renovation of single-family homes in the R-1 Single-Family Dwelling Zoning District 46 shall comply with the following requirements: 47 48 Page 2 of 3 A. Minimum landscaped area. 1 2 (1) All one-story single-family homes shall have a minimum landscaped area of thirty-five 3 percent (35%). 4 5 (2) All two-story single-family homes shall have a minimum landscaped area of forty percent 6 (40%). 7 8 (3) All single-family homes (both one and two story) shall provide a minimum landscaped 9 area of fifty percent (50%) in the required twenty-five foot (25’) front yard setback. 10 Properties with frontage along collector roads (Lighthouse Drive and Prosperity Farms 11 Road) shall provide a minimum landscaped area of forty percent (40%) in the required 12 twenty-five foot (25’) front setback. Properties that have an irregular lot shape, meaning 13 a lot which is not close to rectangular or square, and in which the width of the property 14 at the front property line is less than required by the underlying zoning district shall 15 provide a minimum landscaped area of twenty-five percent (25%) in the required twenty-16 five foot (25’) front setback. 17 18 For the purposes of this subsection, the term minimum landscaped area shall mean a pervious 19 landscaped area unencumbered by structures, buildings, paved or grass parking lots, sidewalks, 20 pools, decks, or any impervious surface. Landscape material shall include, but not be limited 21 to, grass, ground cover, bushes, shrubs, hedges or similar plantings, or decorative rock or bark. 22 No landscape material shall be used for parking. 23 24 With respect to building permits for renovations of existing single -family homes, the minimum 25 landscaped area standards shall apply only to the extent that the proposed scope of work 26 impacts the applicable standard. 27 28 B. Building height 29 30 All single-family homes shall be limited to two stories and thirty feet (30’) in height for flat roofs 31 and thirty-five feet (35’) feet for all other types of roofs, including gable, hip, gambrel and shed 32 roofs. 33 34 For the purposes of this subsection, height shall be measured from the average elevation of the 35 existing grade prior to land alteration for properties outside of special flood hazard areas and 36 from the required design flood elevation for properties within special flood hazard areas. Height 37 shall be measured to the highest point of the following: 38 39 (1) the coping of a flat roof and the deck lines on a mansard roof; 40 41 (2) the average height level between the eaves and roof ridges or peak for gable, hip or 42 gambrel roofs; or 43 44 (3) the average height between high and low points for a shed roof. 45 46 Decorative architectural elements, chimneys, mechanical equipment, non-habitable cupolas, 47 elevator shafts or similar appurtenances shall be excluded from the foregoing height restrictions. 48 49 Page 3 of 3 C. Second-story floor area 1 2 The floor area of the second story of a single-family home shall be limited to seventy-five percent 3 (75%) of the floor area of the first story. 4 5 For the purposes of this subsection, floor area shall mean all space within the exterior walls of a 6 structure and shall include roofed patios or balconies for the second story. 7 8 Section 3. This Zoning in Progress shall expire six (6) months from its effective date or the date the 9 Village Council formally adopts revisions to the zoning regulations for the R-1 Single-Family Dwelling 10 District, whichever shall first occur. If the Village Council determines that additional time is necessary 11 to review and adopt such revisions, the Village Council may extend the Zoning in Progress by resolution 12 for an additional six (6) month period. 13 14 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 15 reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 16 shall not affect the remainder of this Ordinance. 17 18 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict 19 herewith are hereby repealed to the extent of such conflict. 20 21 Section 6. This Ordinance shall take effect immediately upon adoption. 22 23 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 24 25 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 2021. 26 27 28 29 (Village Seal) 30 MAYOR 31 32 ATTEST: 33 34 35 VILLAGE CLERK 36 37 APPROVED AS TO FORM AND 38 LEGAL SUFFICIENCY: 39 40 41 VILLAGE ATTORNEY 42 43 VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Chuck Huff, Director of Public Works DATE: October 11, 2021 SUBJECT: MOTION – Approval of a Change Order in the amount of $49,975.06 and Final Payment and Release of Retainage in the amount of $78,336.89 payable to Florida Blacktop, Inc. for the West Alleyway Project Village Staff is recommending approval of a change order in the amount of $49,975.06 and the final payment and release of project retainage in the amount of $78,336.89 to reflect the amount of finished work on the West Alleyway Project. The Village has received a payment request from Florida Blacktop representing the final payment/retainage left on the contract. Background: In general, the project was to rehabilitate the pavement structure due to the severe deterioration of the surface and base. The Village chose the Full Depth Recycle (FDR) method to meet enhanced pavement structure expectations, largely due to a lack of a drainage system in the alleyway. As a result, there was no budget to design and install a new system of inlets and culverts to collect and convey the storm water to an existing system. The grading concept was to keep the same “inverted swale” typical section with high points midway along the alleyway and to sheet flow the runoff all the way to the nearest public street (N. Anchorage, Lighthouse, Ebbtide and the Village Hall parking area). These long sheet flow runs were essentially flat longitudinally with very little fall to the north or south. Also, matching the existing pavement along the east edge (adjacent to private property) was essential, which did not allow an opportunity to create a more sloping profile along the alleyway. As a result of the need for additional areas requiring FDR and asphalt (unit pricing) beyond the scope of work, a change order in the amount of $49,975.06 was necessary. An additional change order provided us a deduction in the work that resulted in a savings of $5,277.95 for the project. However, the total amount of the project exceeded the contract amount approved by Resolution 2021-05, including contingency, by $28,604.24 Original Contract Amount $321,857.39 ($337,950.26 with Contingency) Change Order One $ 49,975.06 Change Order Two $ (5,277.95) Final Contract Amount: $366,554.50 While the contractor matched the existing grades as close as possible, Staff invariably knew there may be some minor ponding problems. Several ponding areas were addressed and corrected. The final one behind the Lutheran church has now been addressed. Some ponding issues exist, mainly on the east edge of the ROW, adjacent to existing paved areas on private property. These issues were always present in the past and we mitigated them as best as we could to drain the inverted swale away from these areas. Most of the ponding areas are of the “splash and evaporate” variety. Again, the FDR method of construction was selected to provide a deeper, more stable base material, knowing the grading and drainage of runoff would still exist as it has for several years. The solution of course, would have been to install a drainage system as mentioned above. Although the minor ponding is an occasional inconvenience, Staff believes the roadway will provide many years of structural performance, safe operation and minimal maintenance. The Village’s purchasing policies and procedures require Village Council approval for: (1) change orders in excess of $25,000; and (2) final closeout and release of retainage for all projects exceeding $100,000.00. Recommendation: Village Staff recommends Council consideration and approval of a Change Order in the amount of $49,975.06 and the Final Payment and Release of Retainage in the amount of $78,336.89 to Florida Blacktop, Inc. for the West Alleyway Project in accordance with Village policies and procedures. VILLAGE OF NORTH PALM BEACH HUMAN RESOURCES DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Renee Govig, Director of Human Resources DATE: October 11, 2021 SUBJECT: RESOLUTION – 2022 Holiday Schedule Each year, the Village recognizes standard holidays through closing operations throughout the year. The attached schedule reflects the days and dates for 2022. Following extensive research of other municipalities, Village Administration proposes to add Juneteenth as an observed holiday, bringing the total number of holidays to twelve. The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Administration requests Council consideration and approval of the attached Resolution adopting the 2022 Holiday Schedule, with the addition of Juneteenth, June 19th to be observed on Monday, June 20, 2022. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING THE LIST OF VILLAGE HOLIDAYS FOR CALENDAR YEAR 2022; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff has proposed a list of holidays for Village personnel for calendar year 2022, including the addition of Juneteenth; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby adopts the calendar year 2022 holiday schedule, as set forth in a memorandum from the Human Resources Department, a copy of which is attached hereto and incorporated herein. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK The Village of North Palm Beach 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408 HUMAN RESOURCES DEPARTMENT • 561.882.1155 • FAX 561.848.3344 MEMORANDUM TO: All Village Personnel FROM: Human Resources Department SUBJECT: 2022 Holiday Schedule The designated 2022 holidays for the Village of North Palm Beach are listed below. All official holidays shall commence at the beginning of the first shift on the day on which the holiday is observed and continue for twenty-four (24) hours thereafter. Departments required to remain open will schedule staff accordingly. Specific holiday pay for working employees is determined by the individual employee’s schedule, hours worked, and position (i.e., union-eligible vs. non-union, exempt vs. non-exempt). Union-eligible employees should consult the appropriate Collective Bargaining Agreement for their holiday list. Should you have any questions regarding the above Holiday schedule, please direct your inquiries to Human Resources at 561.882.1155 or hr@village-npb.org HOLIDAY WILL BE OBSERVED ON: New Year’s Day 2022 (observed) Friday, December 31, 2021 Martin Luther King Jr. Day Monday, January 17, 2022 Presidents’ Day Monday, February 21, 2022 Memorial Day Monday, May 30, 2022 Juneteenth (observed) Monday, June 20, 2022 Independence Day Monday, July 4, 2022 Labor Day Monday, September 5, 2022 Veterans Day Friday, November 11, 2022 Thanksgiving Day Thursday, November 24, 2022 Friday following Thanksgiving Friday, November 25, 2022 Christmas Eve (observed) Thursday, December 23, 2022 Christmas Day (observed) Friday, December 24, 2022 New Year’s Day 2022(observed) Friday, December 31, 2022 ENTITY COLUMBUS DAY VETERANS DAY DAY BEFORE THANKSGIVING THANKSGIVING DAY AFTER THANKSGIVING CHRISTMAS EVE CHRISTMAS DAY NEW YEAR'S EVE NEW YEAR'S DAY MLK DAY PRESIDENT'S DAY GOOD FRIDAY MEMORIAL DAY JUNETEENTH INDEPENDENCE DAY LABOR DAY Bay Harbor Islands NO YES NO YES YES NO YES NO YES YES YES NO YES YES YES YES Boynton Beach NO YES NO YES YES YES YES NO YES YES YES NO YES NO YES YES Broward County Sheriff's Office NO YES NO YES YES NO YES NO YES YES YES NO YES NO YES YES City of Aventura NO YES NO YES YES YES YES YES YES NO YES YES YES YES YES YES City of Coconut Creek1 NO YES NO YES YES Close mid-day YES Close mid-day YES YES YES NO YES NO YES YES City of Ft. Myers2 NO YES NO YES YES NO YES NO YES YES YES NO YES NO YES YES City of Green Acres NO YES YES YES YES YES YES NO YES YES YES NO YES NO YES Yes City of Lake Worth Beach YES YES NO YES YES YES YES NO YES YES YES NO YES YES YES Yes City of Lauderhill YES YES NO YES YES NO YES NO YES YES YES NO YES YES YES YES City of Margate3 NO YES NO YES YES YES YES NO YES YES YES NO YES NO YES YES City of Miami Lakes YES YES NO YES YES YES YES YES YES NO YES YES YES YES YES YES City of North Miami Beach4 YES YES NO YES YES NO YES NO YES YES YES NO YES YES YES YES City of North Port YES YES NO YES YES NO YES NO YES YES YES NO YES Undetermined YES YES City of Oldsmar NO NO NO YES YES YES YES NO YES YES YES NO YES NO YES YES City of Parkland NO YES NO YES YES NO YES NO YES YES YES NO YES YES YES YES City of Pembroke Pines NO YES NO YES YES NO YES NO YES YES YES NO YES YES YES YES City of South Bay5 YES YES NO YES YES YES YES NO YES YES YES NO YES YES YES YES City of South Miami YES YES NO YES YES 1/2 Day YES 1/2 Day YES YES YES NO YES NO YES YES City of Stuart6 NO YES NO YES YES YES YES NO YES YES YES NO YES NO YES YES City of Tamarac NO YES NO YES YES YES YES NO YES YES YES NO YES YES YES YES City of West Palm Beach YES YES NO YES YES NO YES NO YES YES YES YES YES YES YES YES Haines City NO YES NO YES YES NO YES NO YES YES YES NO YES YES YES YES Homestead7 NO YES NO YES YES NO YES NO YES YES YES NO YES NO YES YES Indian River County BoCC NO YES NO YES YES NO YES NO YES YES NO YES YES NO YES YES Lauderdale Lakes NO YES Early Release/Times Vary YES YES NO YES NO YES YES YES NO YES YES YES YES Martin County BoCC8 NO YES NO YES YES YES YES NO YES YES NO NO YES YES YES YES Miami Dade County YES YES NO YES YES NO YES NO YES YES YES NO YES YES YES YES Miami Shores NO YES NO YES YES YES YES YES YES YES YES NO YES YES YES YES Miramar NO YES NO YES YES NO YES NO YES YES YES NO YES YES YES YES Oakland Park9 NO YES Usually close at noon YES YES NO YES NO YES YES YES NO YES Considering YES YES Opalocka YES YES Early Release/Times Vary YES YES YES YES NO YES YES NO YES YES YES YES YES Palm Beach Clerk10 YES YES NO YES YES NO YES NO YES YES YES YES YES YES YES YES Palm Beach County11 YES YES NO YES YES NO YES NO YES YES YES NO YES YES YES YES Palm Beach Gardens12 NO YES NO YES YES NO YES NO YES YES YES YES YES NO YES YES Palm Beach State NO YES NO YES YES YES YES YES YES YES NO YES YES NO YES YES PBC Property Appraiser YES YES NO YES YES NO YES NO YES YES YES NO YES YES YES YES Polk County BoCC NO YES NO YES YES YES YES NO YES YES NO NO YES NO YES YES Royal Palm Beach YES YES NO YES YES 1/2 Day YES NO YES YES YES NO YES YES YES YES Sarasota County NO YES NO YES YES YES YES NO YES YES YES NO YES NO YES YES Seacoast Utility Authority NO YES NO YES YES YES YES NO YES YES YES NO YES NO YES YES South Florida Regional Transporation Authority NO YES NO YES YES NO YES NO YES YES YES NO YES NO YES YES St. Lucie County13 NO YES NO YES YES YES YES NO YES YES YES NO YES NO YES YES Town of Juno NO YES NO YES YES NO YES NO YES YES YES NO YES NO YES YES Town of Jupiter Ilsand NO YES NO YES YES NO YES NO YES YES YES YES YES NO YES YES Town of Palm Beach NO YES NO YES YES YES YES YES YES YES YES NO YES Considering YES YES Town of Surfside NO YES NO YES YES NO YES NO YES YES YES NO YES NO YES YES Village of North Palm Beach NO YES NO YES YES YES YES NO YES YES YES NO YES Considering YES YES Village of Pinecrest14 NO YES NO YES YES NO YES NO YES YES YES NO YES Considering YES YES Village of Wellington15 YES YES CLOSE AT NOON YES YES NO YES NO YES YES YES YES YES YES YES YES 1City of Coconut Creek: Holidays occurring on Sunday are observed Mnday; in most cases, Saturday holidays are no longer observed on Friday (Admin offices are closed on Friday) - employees receive time in lieu of holiday 2City of Ft. Myers: City Manager may designate up to 2 additional City Holidays during the year; designated employees receive an additional paid personal day 3City of Margate: All employees (except Fire) receive 1 personal holiday 4City of North Miami Beach :Two additional floating holidays and a Birthday holiday 5City of South Bay: Holidays occurring on Saturday are observed the preceding Friday; holidays occurring on Sunday are observed the following Monday 6City of Stuart: 2 optional holidays; 1 birthday 7Homestead: Generally skeleton crew day before Thanksgiving; the City designates one Floating Holiday every year which is always used in combination with Christmas Day, in order to extend the time off during the holidays 8Martin County BoCC: 2 Diversity/Floating days per employee 9Oakland Park: Village of Wellington: Holidays occurring on Saturday are observed the preceding Friday; holidays occurring on Sunday are observed the following Monday; City desingates one Floating Holiday each year which will likely be used for Juneteenth '22 10Palm Beach Clerk: Observe Rosh Hashana and Yom Kippor if they occur during the work week 11 Palm Beach County: Christmas Floating Holiday (12/27/21) 12Palm Beach Gardens: Holidays occurring on Saturday are observed the preceding Friday; holidays occurring on Sunday are observed the following Monday; One additional floating holiday 13St. Lucie County: 2 additional floating holidays 14Village of Pinecrest: Provide day off for birthday and 2 additional personal days 15Village of Wellington: Holidays occurring on Saturday are observed the preceding Friday; holidays occurring on Sunday are observed the following Monday; provide an additional "Celebration" day NOTES OVERALL (48 responses):  32% observe Columbus Day  21% observe Good Friday  10% provide early release the day before Thanksgiving  48% provide early release, or a day off for Christmas Eve  48% observe Juneteenth; an additional 10% are considering it, or are undetermined PALM BEACH COUNTY (12 responses):  50% observe Columbus Day  25% observe Good Friday  50% provide Christmas Eve or a ½ day off for Christmas Eve  67% observe Juneteenth, or are considering it VILLAGE OF NORTH PALM BEACH DEPARTMENT OF PARKS AND RECREATION TO: Honorable Mayor and Council THRU: FROM: Andrew D. Lukasik, Village Manager Zak Sherman, Director of Leisure Services DATE: October 11, 2021 SUBJECT: RESOLUTION – Approval of an Eighth Amendment to an Agreement for professional grant preparation and management services with RMPK Funding, Inc. RMPK Funding Inc has been very successful in obtaining and managing grant funding for the Village since 2013. Not only has RMPK assisted in identifying and submitting grant applications, RMPK has updated status reports, managed commencement and closing procedures and submitted grant amendments and grant period extensions. A percentage of the cost to retain RMPK can be reimbursed through grant funding. Based upon past performance, Village Staff is recommending that the Village Council waive the written quotation process and extend the agreement for another one-year term. The cost for this contract amendment is $20,000 ($5,000 per quarter) and shall be effective October 1, 2021. The Village has had a contractual relationship with RMPK for over seven years, it should be noted that Ryan Ruskay, RMPK’s President, is the son of Russ Ruskay, a former Parks & Recreation employee. Additionally, although the Village initiated its contract with RMPK four years prior to his employment with the Village, the Village Manager has maintained a social relationship with the Ruskay family for several years. The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency. Account Information: Fund Department Account Number Account Description Amount General Fund Parks and Recreation A8028-33190 Professional Services $20,000.00 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving an Eighth Amendment to the Agreement for Grant Services with RMPK Funding, Inc. at a cost not to exceed $20,000, with funds expended from Account No. A8028-33190 (Parks and Recreation – Professional Services), and authorizing the Mayor and Village Clerk to execute the Seventh Amendment in accordance with Village policies and procedures. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN EIGHTH AMENDMENT TO THE AGREEMENT FOR GRANT SERVICES WITH RMPK FUNDING, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE EIGHTH AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 2013-05, the Village Council approved an Agreement for Grant Services for RMPK Funding, Inc.; and WHEREAS, through the adoption of Resolution Nos. 2014-25, 2015-22, 2016-52, 2017-67, 2018-92, 2019-134 and 2020-71, the Village Council extended the term of the Agreement and modified the compensation for additional fiscal years through September 30, 2021; and WHEREAS, the parties wish to enter into an Eighth Amendment to the Agreement to again extend the term for an additional one-year period retroactive to October 1, 2021; and WHEREAS, the Village Council determines that the adoption of this Resolution, including the waiver of any conflicting purchasing policies and procedures, 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 NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified and incorporated herein. Section 2. The Village Council hereby approves the Eighth Amendment to Agreement for Grant Services with RMPK Funding, Inc., a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Eighth Amendment on behalf of the Village. The compensation for Fiscal Year 2022 shall not exceed $20,000.00, with funds expended from Account No. A8028-33190 (Parks & Recreation – Professional Services). Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 2 EIGHTH AMENDMENT TO AGREEMENT FOR GRANT SERVICES This Seventh Amendment is made as of the ____ day of ___________, 2021, by and between the Village of North Palm Beach, Florida, a Florida municipal corporation (“VILLAGE”) and RMPK Funding, Inc., a Florida corporation (“CONSULTANT”), whose FEIN is 20-609342. RECITALS WHEREAS, the VILLAGE and CONSULTANT entered into an Agreement for grant preparation and management services dated February 14, 2013 (“Agreement”); and WHEREAS, Section 2(A) of the Agreement provides that the term of the Agreement may be extended upon written agreement of the parties; and WHEREAS, through the execution of an Amendment to the Agreement (“First Amendment”) dated April 10, 2014, the parties extended the term through February 14, 2015; and WHEREAS, through the execution of a Second Amendment to the Agreement (“Second Amendment”) dated February 26, 2015, the parties extended the term through September 30, 2016; and WHEREAS, through the execution of a Third Amendment to the Agreement (“Third Amendment”) dated September 8, 2016, the parties extended the term through September 30, 2017; and WHEREAS, through the execution of a Fourth Amendment to the Agreement (“Fourth Amendment”) dated September 21 2017, the parties extended the term through September 30, 2018; and WHEREAS, through the execution of a Fifth Amendment to the Agreement (“Fifth Amendment”) dated October 25, 2018, the parties extended the term through September 30, 2019; and WHEREAS, through the execution of a Sixth Amendment to the Agreement (“Sixth Amendment”) dated December 12, 2019, the parties extended the term through September 30, 2020; and WHEREAS, through the execution of a Seventh Amendment to the Agreement (“Seventh Amendment”) dated November 12, 2021, the parties extended the term through September 30, 2021; and WHEREAS, the VILLAGE and CONSULTANT wish to again extend the term of the Agreement, subject to the additional terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth in the Agreement and this Eighth Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the VILLAGE and CONSULTANT agree as follows: Page 2 of 2 1. The Agreement is hereby extended retroactively from October 1, 2021 through September 30, 2022, at which time the Agreement shall automatically expire unless extended by written agreement of the parties. 2. The VILLAGE shall pay to CONSULTANT the sum of $20,000 for services rendered during Fiscal Year 2022 (October 1, 2021 through September 30, 2022). The Village shall remit payment to CONSULTANT on a quarterly basis. The first quarterly payment of $5,000 shall be due upon execution of this Agreement, with remaining quarterly payments due on or before January 15, 2022, April 15, 2022, and July 15, 2022. 3. All provisions of the Agreement, as amended, to the extent not specifically modified herein, shall remain in full force and effect. In the event of a conflict between the terms of this Eighth Amendment and the Agreement, as previously amended by the First through Seventh Amendments, the terms of this Eighth Amendment shall control. IN WITNESS WHEREOF, the parties hereto have made and executed this Eigth Amendment as of the day and year first above written. RMPK FUNDING, INC. BY: Ryan A. Ruskay, President VILLAGE OF NORTH PALM BEACH BY: ________________________________ Darryl Aubrey, Mayor ATTEST: BY: ________________________________ Jessica Green, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ Village Attorney VILLAGE OF NORTH PALM BEACH COUNTRY CLUB TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Beth Davis, General Manager DATE: October 11, 2021 SUBJECT: RESOLUTION – Award of a Contract to Splash & Swing, LLC to provide Tennis Court Maintenance services for the NPBCC Tennis Center Village staff is requesting Village Council adoption of a resolution awarding a Contract to Splash & Swing, LLC to provide Tennis Court Maintenance service at the NPBCC Tennis Center Village Staff issued a Request for Proposals for Tennis Court Maintenance service at the NPBCC Tennis Center (“RFP”). Splash & Swing, LLC., submitted the lowest bid proposal in response to the RFP, which included the daily, weekly and monthly tennis court maintenance program. Bids received were $48,000 from Splash & Swing, LLC., and $53,999 from Chaves Brothers Management, LLC. Village staff believes that, through the competitive solicitation process, the Village is obtaining tennis court maintenance services for the most reasonable and fair price. The Contract will have an initial term of three (3) years and shall automatically renew for an additional two (2) year period unless either party notifies that it does not wish to extend the term. The annual compensation shall not exceed $48,000. Account Information: Fund Department / Division Account Number Account Description Amount Country Club Tennis L8050-33190 Professional Services $48,000 The attached Resolution has been prepared and reviewed for legal sufficiency by the Village Attorney. Recommendation: Village staff recommends Council consideration and adoption of the attached Resolution approving a Contract with Splash & Swing, LLC for tennis court maintenance services at an annual cost of $48,000, with funds expended from Account No. L8050-33190 (Tennis – Professional Services) and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM SPLASH & SWING, LLC FOR TENNIS COURT MAINTENANCE SERVICES AT THE NORTH PALM BEACH COUNTRY CLUB TENNIS CENTER AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village issued a Request for Proposals for Tennis Court Maintenance Services at the North Palm Beach Country Club Tennis Center; and WHEREAS, Village Staff recommended accepting the lowest cost proposal submitted by Splash & Swing, LLC; and WHEREAS, the Village Council wishes to approve a Contract with Splash & Swing, LLC and 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 NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposal from Splash & Swing, LLC for tennis court maintenance services at the North Palm Beach Country Club Tennis Center at an annual cost of $48,000, with funds expended from Account No. L8050-33190 (Tennis – Professional Services), and authorizes the Mayor and Village Clerk to execute a Contract for such services, a copy of which is attached hereto and incorporated herein. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK CONTRACT This Contract is made as of the _______ day of _____________, 2021, by and between the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter referred to as the VILLAGE, and SPLASH & SWING, LLC, a Florida limited liability company, hereinafter referred to as CONTRACTOR, whose Federal Employer I.D. is 27-0305803. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that CONTRACTOR shall provide to the VILLAGE all goods and services requested under Request for Proposals for Tennis Court Maintenance and as further stated in CONTRACTOR’s Proposal and pursuant to the terms and conditions of this Contract. ARTICLE 1. SERVICES OF CONTRACTOR. A. CONTRACTOR shall provide all goods, services and equipment necessary for tennis court maintenance as required under the VILLAGE’s Request for Proposal and CONTRACTOR’s proposal thereto, which are attached hereto and incorporated herein by reference and to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. B. The goods and services to be provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon written notice from the VILLAGE to proceed. ARTICLE 2. TERM OF CONTRACT. A. This Contract shall be for an initial term of three (3) years from the date first written above unless earlier terminated in accordance with the terms and conditions stated herein. The initial term of this Contract shall automatically extend for an additional two (2) years unless either party notifies the other party at least ninety (90) days prior to the end of the initial term that it does not desire to have the Contract automatically extend for another two (2) years. B. CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages. ARTICLE 3. VILLAGE’S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the NPB Country Club General Manager. The Village Manager or Village Representative shall have the right at all reasonable times during the term of this Contract to inspect or otherwise evaluate the work being performed thereunder and the premises in which it is being performed. ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate CONTRACTOR for the provision of all goods and services set forth in the Request for Proposals and as stated in CONTRACTOR’s Proposal in an annual amount not to exceed Forty-Eight Thousand Dollars and No Cents ($48,000.00). B. Services undertaken or expenses incurred that exceed the amount set forth in this Contract without prior written authorization from the VILLAGE shall be the sole liability of CONTRACTOR. C. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. D. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods have been provided and services performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of the required goods and services. E. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE reserves the right to off-set, reduce or withhold any payment to CONTRACTOR in accordance with the terms and conditions of this Contract. ARTICLE 5. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in Section 768.28, Florida Statutes. ARTICLE 6. PERSONNEL. A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by CONTRACTOR or under its supervision, and all personnel engaged in performing the Work shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of CONTRACTOR’s personnel (and all sub-contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. ARTICLE 7. TERMINATION. This Contract may be cancelled by CONTRACTOR upon thirty (30) days’ prior written notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon thirty (30) days written notice to CONTRACTOR. Unless CONTRACTOR is in breach of this Contract, CONTRACTOR shall be paid for services rendered to the VILLAGE’s satisfaction through the date of termination. ARTICLE 8. FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is CONTRACTOR authorized to use the VILLAGE’s Tax Exemption Number in securing such materials. ARTICLE 9. INSURANCE. Prior to commencing any Work, CONTRACTOR shall provide certificates evidencing insurance coverage as required in the Proposal Documents. All insurance, other than Worker’s Compensation, to be maintained by CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. ARTICLE 10. SUCCESSORS AND ASSIGNS. The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and CONTRACTOR. ARTICLE 11. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive any right they may have to trial by jury with respect to any litigation arising out of or in connection with this Contract. ARTICLE 12. INDEPENDENT CONTRACTOR RELATIONSHIP. CONTRACTOR is, and shall be, in the performance this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the work performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s sole direction, supervision, and control. CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. ARTICLE 13. NONDISCRIMINATION. CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 14. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entit led to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 15. AUTHORITY TO PROVIDE REQUIRED SERVICES. CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the services required under this Contract, and that it will at all times conduct its business and provide the services required under this Contract in a reputable manner. Proof of such licenses and approvals shall be submitted to the VILLAGE’s representative upon request. ARTICLE 16. SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 17. MODIFICATIONS OF WORK. A. The VILLAGE reserves the right to make changes in the Work, including alterations, reductions therein or additions thereto. Upon receipt by CONTRACTOR of the VILLAGE’s notification of a contemplated change, CONTRACTOR shall, in writing, provide a detailed estimate for the increase or decrease in cost due to the contemplated change. B. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and CONTRACTOR shall not commence work on any such change until such written amendment is signed by CONTRACTOR and approved and executed by the VILLAGE. ARTICLE 18. PROTECTION OF WORK AND PROPERTY. A. CONTRACTOR shall continuously maintain adequate protection of all goods and services provided pursuant to this Contract from damage, and shall protect the VILLAGE’s property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such protection. B. CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where services are being performed and throughout the completion of such services. ARTICLE 19. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: Village Manager 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to CONTRACTOR shall be mailed to: Splash & Swing, LLC Attn: Christopher Vazquez, Managing Member 105 Santiago Drive, Apartment 104 Jupiter, FL 33458 The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 20. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 21. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”, “hereinafter” and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. ARTICLE 22. WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. ARTICLE 23. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 24. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 25. EXHIBITS AND CONTRACT DOCUMENTS. Each exhibit and document referred to in this Contract forms an essential part of this Contract. The exhibits and other contract documents, if not physically attached, including, but not limited to the Request for Proposals and the CONTRACTOR’s Proposal, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 26. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 27. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 28. DEFAULT. A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that the occurrence of any of the following shall be deemed a material event of default and shall be grounds for immediate termination: 1. The filing of any judgment lien against the assets of CONTRACTOR related to the performance of this Contract which is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; or 2. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by CONTRACTOR for the benefit of creditors; or the taking possession of the property of CONTRACTOR by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be discharged within thirty (30) days from the date of appointment. 3. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR fails to provide the goods and services required pursuant to this Contract on schedule as agreed to by CONTRACTOR in this Contract. B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of default within five (5) days of CONTRACTOR’s receipt of notice or knowledge of any such default. ARTICLE 29. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. ARTICLE 30. E-VERIFY CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with unauthorized aliens. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complied, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. ARTICLE 31. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 32. PUBLIC RECORDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public records required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. ARTICLE 33. REPRESENTATIONS/BINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. [Remainder of page intentionally blank – signatures on next page] IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. SPLASH & SWING, LLC: BY: CHRISTOPHER VAZQUEZ MANAGING MEMBER VILLAGE OF NORTH PALM BEACH BY: ________________________________ DARRYL AUBREY MAYOR ATTEST: BY:________________________________ JESSIC A GREEN, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY VILLAGE OF NORTH PALM BEACH GOLF ADVISORY BOARD Minutes of August 16, 2021 I. CALL TO ORDER A. The meeting was called to order by Chairman Steve Mathison at 6:00 p.m. II. ROLL CALL A. Board: Present Absent Stephen Mathison – Chairman X Rich Pizzolato – Vice Chairman X Curtis Witters – Secretary X Jeff Egizio – Member X Landon Wells – Member X Orlando Puyol – Member X Sandra Felis – Member X B. Staff Members: Allan Bowman, Director of Golf X Craig Lindsey, Assistant Professional X Beth Davis, General Manager X Lenore Dingle, Membership Coordinator X C. Council Members: Darryl Aubrey X Susan Bickel Mark Mullinix X David Norris Deborah Searcy NPB Golf Advisory Board Minutes of August 16, 2021 D. Public Present: Numerous members of the public attended, in order to be heard regarding the new, proposed tee time policy. III. APPROVAL OF MEETING MINUTES A. Minutes of the July 19, 2021 GAB Meeting were approved 6-0. IV. ADMINISTRATIVE REPORTS Golf Report. Allan Bowman, Director of Golf, spoke to explain the tee time policy issue confronting the club and the Golf Advisory Board. Allan addressed the meeting to provide background regarding the issues presented to the club regarding our tee time policy and group play, which was a subject of controversy even before he was hired as Director of Golf. During 2020, when the COVID pandemic closed the club and then limited play for a number of months, group play did seem to present a problem. The issue of a policy regarding group play was the subject of a Golf Advisory Board meeting in November of 2020 and representatives of several groups spoke to the Board. The Board recommended that the club develop a new policy concerning group play. In 2021 the Village Council has received complaints regarding group play and the difficulty of members obtaining tee times at the golf course. Allan and his staff have considered solutions to the problem for several months. We now have 293 members and there is a large demand for tee times during morning hours. A new tee time policy has been proposed and circulated to members. Allan has received a number of complaints by email concerning the policy; all of the emails have been reviewed. The underlying issue regarding tee times is should all members be treated equally? 2 NPB Golf Advisory Board Minutes of August 16, 2021 By definition, groups are 12 to 28 golfers. At the present time, no new groups are being recognized at the club. Allan conducted a survey of local public access golf courses. Group play is not allowed at either Sandhill Crane or Abacoa. Allan showed the meeting copies of recent tee sheets; group play consumes nearly all of the tee times before noon on many days. He asked the public in attendance, “What do you suggest we do to solve the problem?” V. DISCUSSION TOPICS A number of club members spoke concerning group play. Harry Kravit spoke on behalf of “Harry’s Hackers”. He says his group needs fixed tee times due to their need to schedule other matters, such as medical appointments. He opposes a lottery system. Ross Beverstein spoke and said he understands the problem but doesn’t have a solution. Allan Bowman summarized for the meeting the proposed lottery system. Charlie Murphy spoke as a representative of “The Sharks”. They have 35 members and seek tee times three times per week. Jim Peterson spoke, also as amember of The Sharks. He asked if afternoons would be available for group play. Tom McGill spoke. He has been a member of the club for many years and said the demand for tee times exceeds the available supply. He suggested that and ad hoc committee be formed to consider a group play policy. John Rothberg suggested that the groups should become parts of the MGA and WGA. 3 NPB Golf Advisory Board Minutes of August 16, 2021 Robert Birnbaum spoke and proposed that one week per month be set aside for non- group play. He noted that group players are among the best members of the club. John McFarland suggest allocation of tee times to group play on a pro rata basis; if 60% of members are in a group, groups should enjoy 60% of the tee times. Steve Paige said that there should be equitable sharing of tee times. Karen O’Connell spoke on behalf of the “Par Tee Girls”. That group has 30 members. Mike Beck, Maureen Black, and Susan Filardo spoke. Tom McGill, who serves on the Village Audit Committee told the meeting that group play is not a revenue or financial issue. Village Manager Andy Lukasik spoke and reminded the group that no Council action has been taken on the group play or tee time policy issue. Several speakers argued that group play is a very good thing, it brings nonmembers to the club and promotes them seeking membership. After lengthy discussion, Allan Bowman then summarized the issues regarding our tee time policy; under our current system, group play consumes most of our prime tee times. Allan then invited each interested group to designate one member of their group to meet as part of a committee to consider the tee time policy and make recommendation to the Golf Advisory Board. VI. ADJOURNMENT The meeting was adjourned at 7:30 p.m. The next meeting will be September 20, 2021. Minutes by Curtis L. Witters, Secretary. 4 1 THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office THE BEST PLACE TO LIVE UNDER THE SUN” Business Advisory Board MINUTES Anchorage Park Building Tuesday, August 17, 2021 5:30 pm 1. Call to Order: Village Manager Andy Lukasik called the meeting to order at 5:34 pm. 2. Roll Call: Present: Nina Balgar, Marshall Gillespie, Nathan Kennedy, Ronald Lantz, David Talley Present Via Zoom: Adam Jones, Veronica Frehm Also present: Andy Lukasik, Village Manager; Jeremy Hubsch, Community Development Director; Debbie Searcy, Vice Mayor; Susan Bickel, Councilmember 3. The Minutes of the July 20, 2021 regular meeting were approved. 4. Property Updates: a. Andy Lukasik provided updates for Camelot Hotel and 200 Yacht Club Drive. 5. Priorities: a. Local Business Engagement: i. PGA Corridor Association example. ii. Share ideas/direction/concerns. iii. Morning/evening networking events. iv. Request Palm Beach North Chamber of Commerce assistance. Dave Talley offered to contact them for suggestions. v. Establish a North Palm Beach Chamber of Commerce. vi. Host an annual business owner golf tournament at the Country Club. b. Information Gathering: i. Business/resident surveys for desired new businesses. ii. Treasure Coast Regional Planning Council’s market analysis for Twin City Mall site. iii. What type of development and revenue structure is required to support the public infrastructure. c. Attraction/Marketing/Information: i. Light industrial area – Andy Lukasik will send committee information on location. 2 d. Retired Executives for small business consulting: i. Palm Beach Tech . e. Incentives for Delivered Uses: i. Business relocation. ii. Tax abatement. 6. Selection of officers will take place at the next meeting. 7. Next meetings: the next meeting will be on September 21, 2021 at 5:30 pm in the Village Hall conference room. 8. Adjournment: the meeting adjourned at 6:52 pm. VILLAGE OF NORTH PALM BEACH PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY SEPTEMBER 14, 2021 Present: Cory Cross, Chairman Donald Solodar, Vice Chair Thomas Hogarth, Member Jonathan Haigh, Member Kathryn DeWitt, Member Scott Hicks, Member Nathan Kennedy, Member Len Rubin, Village Attorney Jeremy Hubsch, Community Development Director Alex Ahrenholz, Principal Planner Council Member: David Norris I. CALL TO ORDER Chairman Cross called the meeting to order at 6:30 PM. A. ROLL CALL All members of the Planning Commission were present. II. APPROVAL OF MINUTES The Minutes of the July 13, 2021 and August 3, 2021 Regular Meetings were approved as written. III. DECLARATION OF EX PARTE COMMUNICATIONS There were no Ex Parte Communications declared by the Board. IV. QUASI JUDICIAL MATTERS / PUBLIC HEARING Attorney Len Rubin swears in all persons speaking. A. SITE PLAN AND APPEARANCE REVIEW 1. 2021-1481 La Bamba Awning Application by Hoover Canvas Products on behalf of M Aguablanca, LLC requesting the addition of an awning to the existing outdoor seating area. Ms. West presented the Staff report and recommendation. The applicant is requesting approval of a new awning. The new awning will entirely cover the existing outside seating area, so seating will be available during rainstorms. The awning color being requested for approval is a “Reef Blue” which will be partially visible from Minutes of Village Planning Commission Regular Meeting held on September 14, 2021 2 the street. The building currently has 891 SF of outdoor seating which is covered by beige and red shade sails not visible from the street. There is no proposed increase to the restaurant seating area. As the current shade sails are affixed behind the concrete block courtyard walls, they are not visible, but the new awning is proposed on top of the walls. The awning will be generally visible from the street as there will be a one-foot fascia piece at the top of the west and north walls, sloping up to 3 ft. 4 in. higher than the existing wall and attached to the building. Staff feels the proposed reef blue color is too bright and brilliant for compatibility with the building. It is a stark contrast to the six other colors used on the building currently. The building’s current color is beige and sage green with brown, white, and hunter green accents and a red barrel-tile roof. The Patio 500 color samples provided by the applicant have a few colors that may be more harmonious with the existing building colors, such as champagne, white, emerald, terra cotta, and buff. Staff recommends a change in the awning color, and the following conditions for approval: 1) Applicant shall submit a revision to the building permit with the awning color, if changed. 2) Obtain a building permit for the scope of the work. Michael Hess, Hoover Canvas Products, 5107 Australian Ave., West Palm Beach, was present to represent the project. He stated it is the applicant’s desire to have the blue, as it looks very nice from the interior and is festive. The awning being on the north side, is blocked by trees and will only be partially seen from the street. The Planning Commissions members discussed support of the new awning; whether the blue color would provide too much contrast to the building facade; whether the green would be better suited to the exterior colors; and consideration given to the applicant’s color choice. Motion: Mr. Solodar moved to approve the application as submitted with the color blue and Staff’s recommendations. Mr. Kennedy seconded the motion, which passed 5-2, with Ms. DeWitt and Mr. Haigh voting nay. 2. 2021-1657 Landings South Paint Color Application by Landings South Condominium Association, Inc. requesting new paint colors for the existing multifamily building Ms. West presented an updated Staff report and recommendation. The applicant is requesting approval of paint colors for the Landings South Condominium building at 60 Yacht Club Drive. The 5-story condominium building was constructed in 1969, and is currently a light beige. The building colors being requested for approval are Blue Pearl for the body and Delicate White for the building accents and the railings. In Staff’s analysis, the proposed application is consistent with the Appearance Code and other zoning requirements. Should the Planning Commission determine that the Applicant has met the necessary prerequisites for the granting of a site plan and appearance approval, staff proposes the following conditions: 1. Obtain a building permit within 30 days of this approval for the proposed building colors and obtain final inspection upon completion. Minutes of Village Planning Commission Regular Meeting held on September 14, 2021 3 The Planning Commissions members discussed whether each condo is an individual HOA. Consensus of the Planning Commission was support of the project. Motion: Ms. DeWitt moved to approve the application as presented. Mr. Hogarth seconded the motion, which passed 7-0. V. ADMINISTRATION MATTERS A. Staff Updates:  Open House for 200 Yacht Club project will be on 9/16/2021 at the Farmer’s Table 4:00 – 7:00 PM.  First meeting of Ad Hoc Committee will be on Monday 9/20/2021. B. Commission Member Comments:  Updates regarding Prosperity Village status. VI. ADJOURNMENT With there being no further business to come before the Board, the meeting adjourned at 7:05 PM. Minutes typed by Jane Lerner VILLAGE OF NORTH PALM BEACH GOLF ADVISORY BOARD Minutes of September 20, 2021 I. CALL TO ORDER A. The meeting was called to order by Chairman Steve Mathison at 6:00 p.m. II. ROLL CALL A. Board: Present Absent Stephen Mathison – Chairman X Rich Pizzolato – Vice Chairman X Curtis Witters – Secretary X Jeff Egizio – Member X Landon Wells – Member X Orlando Puyol – Member X Sandra Felis – Member X B. Staff Members: Allan Bowman, Director of Golf X Beth Davis, General Manager X Lenore Dingle, Membership Coordinator X C. Council Members: Darryl Aubrey Susan Bickel Mark Mullinix David Norris X Deborah Searcy 1 NPB Golf Advisory Board Minutes of September 20, 2021 D. Public Present: Numerous members of the public attended. III. APPROVAL OF MEETING MINUTES Minutes of the August 16, 2021 GAB Meeting were approved 6-0. IV. ADMINISTRATIVE REPORTS Golf Report. Allan Bowman, Director of Golf, delivered his report and made a recommendation regarding a group play policy. Allan reported that since our last meeting representatives of the groups advocating for group play have met regarding our tee time issues. The groups have all shown flexibility in resolving this problem. Allan shared the Tuesday tee sheet via Zoom to illustrate how some of the groups have agreed to move their times to the afternoon. Allan pointed out that 40% of our golf course play is our members. The new proposal for group play will make more tee times available for member, nongroup play. The new policy will be used on a trial basis for the 2021-2022 winter season. Allan emphasized that the policy is on a trial basis and he can throw a “red flag” if, in his opinion, it is not working. No new groups with allowed to apply for recognition in the 2021-2022 year. The MGA and WGA will both have tee times on Wednesday. Two existing groups with 28 combined members have committed to play in the MGA, to support that organization. The numbers reflect that 160 of our members play in one or more of the existing groups. Rich Pizzolato asked whether the GAB should be involved in establishing the tee NPB Golf Advisory Board Minutes of September 20, 2021 time policy involving groups. He pointed out that the new proposal is inequitable to some members, in that groups are allocated tee times without making reservations. Steve Mathison made a motion that the GAB approve the recommendations of the professional staff, led by the Director of Golf. He said the MGA should serve as an umbrella for the various groups. Rich Pizzolato said that he has often asked the existing groups to be part of the MGA and they have declined. The Board then asked for public comment. Harry Kravit spoke on behalf of his group “Harry’s Hackers”. Council Member David Norris reminded the Board that the Council has specifically asked for the GAB recommendations on the issue of group play. Karen O’Connell spoke on behalf of the “Par Tee Girls”. Rich Pizzolato made a motion that all members should be allowed to book two tee times per day, rather than one. It was pointed out that approval of this motion would defeat the recommendations made by Allan Bowman. A parliamentary point was raised that the motion of Rich Pizzolato must be voted upon before the Board can consider the motion of Mr. Mathison. A vote was taken upon the motion of Mr. Pizzolato that each member should be allowed to book two tee times per day. The motion failed by a vote of 6-1. A vote was then taken on the motion of Mr. Mathison to endorse the recommendations of Allan Bowman. The motion was passed by a vote of 6-0-1. Allan Bowman then spoke concerning his report on current golf course operations. NPB Golf Advisory Board Minutes of September 20, 2021 The club is on pace for 54,000 rounds for 2020-2021. Renovations of the bathrooms on the course are beginning. The clock for the staging area and first tee is to be installed in November. New golf carts are scheduled to be delivered in late November. stOurnewsoftwareprogramshouldbeupandrunningbyOctober1. V. DISCUSSION TOPICS VI. ADJOURNMENT The meeting was adjourned at 7:00 p.m. The next meeting will be October 25, 2021. Minutes by Curtis L. Witters, Secretary. VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES SEPTEMBER 28, 2021 I. CALL TO ORDER Chairperson Christine DelGuzzi called the meeting to order at 7:00 PM. II. ROLL CALL Present: Julie Morrell Library Manager Christine DelGuzzi, Chairperson Carolyn Kost, Member Brad Avakian, Member Tina Chippas, Member Leslie Metz, Member Darryl Aubrey, Mayor Deborah Searcy, Vice Mayor Excused: Phyllis Wissner, Vice Chairperson Bonnie Jenkins, Secretary III. APPROVAL OF MINUTES Minutes for the August 24, 2021 meeting were presented. Motion for approval made by Carolyn Kost, seconded by Brad Avakian, and passed unanimously. IV. LIBRARIAN’S REPORT Library Manager Julie Morrell reported the following: A water leak from the downstairs ceiling was determined to be from a hot water pipe. The pipe was repaired and the ceiling tile replaced. New glass doors were installed in the Obert room, which makes the room brighter, creates interest in the room’s activities, and makes it easier to supervise programs. For staffing, Library Clerk Jocelyn McLean has been hired, and recently resigned employee Liz Drehmann will return in October. In Children’s Programming, points of mention were storytimes, Crazy 8’s Math Club, the return of passive activities such as Legos and Hot Wheels, and the possibility of creating a Jr. Marine Biology series at the Library through the Reef Institute. In Teen Programming, the School’s Out for Teens (SOFT) program has reached capacity, with some absences due to COVID-19. For Adult Programming, the following were mentioned: Knit and Crochet group meets on Mondays Quilters to resume in October The movie Selena was shown for Hispanic Heritage Month The Camera Club’s September meeting had 26 attendees The Salsa Dancing event went well, and plans are being made for a repeat event, possibly at the Country Club. For International Coastal Clean Up Day, over 100 lbs. of trash were picked up in just two hours. The next Books & Bites is scheduled for Oct. 26 at the Country Club. The VIP table, for which there is an additional $20 charge, is nearly sold out, and 35 people have signed up thus far for regular seating. A Memorial and fundraiser via GoFundMe was arranged by Library staff members for Village Public Works staff member Tara Ramsaroop, who passed away in early September from COVID. In Friends of the Library News, this month’s raffle is sponsored by Palm Beach Creamed Honey and arranged by Enid Atwater. In the current circulation statistics, e-circulation has increased significantly – more than double for total e-circulation – for FY 2021, and physical circulation has returned to pre-COVID circulation figures of FY2020. V. OLD BUSINESS There was none. VI. NEW BUSINESS There was none. VII. QUESTIONS AND ANSWERS A question was raised regarding the Library’s upcoming Haunted House event. Further details regarding its ticket prices, activities, and volunteer information were relayed. VIII. ADJOURNMENT A motion to adjourn the meeting was made by Carolyn Kost and seconded by Tina Chippas. The meeting was adjourned at 7:15 PM. The next meeting will be held on Tuesday, October 26, 2021 at 7:00 pm in the Library Obert Room. Respectfully submitted by Christine DelGuzzi on September 30, 2021.