12-08-2022 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, DECEMBER 08, 2022
501 U.S. HIGHWAY 1 7:00 PM
Deborah Searcy David B. Norris Susan Bickel Darryl C. Aubrey Mark Mullinix
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Chuck Huff Leonard G. Rubin Jessica Green
Interim Village Manager Village Attorney Village Clerk
INSTRUCTIONS FOR “WATCH LIVE” MEETING
To watch the meeting live please go to our website page (link provided below) and click the “Watch
Live” link provided on the webpage:
https://www.village-npb.org/CivicAlerts.aspx?AID=496
ROLL CALL
INVOCATION - MAYOR
PLEDGE OF ALLEGIANCE - VICE MAYOR
AWARDS AND RECOGNITION
APPROVAL OF MINUTES
1. Minutes of the Regular Session held October 27, 2022
2. Minutes of the Special Emergency Session held November 9, 2022
COUNCIL BUSINESS MATTERS
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item
under Statements from the Public. Time Limit: 3 minutes
Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda
will be called on when the issue comes up for discussion. Time Limit: 3 minutes
Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and
submit it to the Village Clerk prior to the beginning of the meeting.
Regular Session Agenda, December 08, 2022 Page 2 of 3
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
3. 1ST READING OF ORDINANCE 2022-19 – CODE AMENDMENT – FIRE AND POLICE
PENSION AND BENEFITS Consider a motion to adopt on first reading Ordinance 2022-19
amending Division 4, "Pension and Certain other Benefits for Fire and Police Employees," of
Chapter 2, "Administration," of the Village Code of Ordinances by Amending Section 2-159,
"Creation of Plan and Trust," to authorize the board to adopt an Administrative Policy for tax
qualifications to ensure continued compliance with Internal Revenue Code Requirements;
Amending Section 2-161, "Benefit Amounts," and Section 2-170.1, "Deferred option Benefits Plan,"
to increase the required minimum distribution age.
4. 1ST READING OF ORDINANCE 2022-20 – CODE AMENDMENT – COMPREHENSIVE
PLAN Consider a motion to adopt on first reading Ordinance 2022-20 amending the Village of
North Palm Beach Comprehensive Plan to adopt a new Property Rights Element.
CONSENT AGENDA
The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers
may remove any item from the Consent Agenda, which would automatically convey that item to the Regular
Agenda for separate discussion and vote.
5. Receive for file Minutes of the Planning Commission meeting held 4/5/22.
6. Receive for file Minutes of the General Employees Pension Board meeting held 5/1/22.
7. Receive for file Minutes of the Police and Fire Pension Board meeting held 5/10/22.
8. Receive for file Minutes of the Planning Commission meeting held 6/7/22.
9. Receive for file Minutes of the Planning Commission meeting held 7/5/22.
10. Receive for file Minutes of the Planning Commission meeting held 8/2/22.
11. Receive for file Minutes of the Planning Commission meeting held 9/6/2022.
12. Receive for file Minutes of the Library Advisory Board meeting held 10/4/22.
13. Receive for file Minutes of the Planning Commission meeting held 10/11/22.
14. Receive for file Minutes of the Recreation Advisory Board meeting held 10/11/22.
15. Receive for file Minutes of the Business Advisory Board meeting held 10/18/22.
OTHER VILLAGE BUSINESS MATTERS
16. RESOLUTION – COUNTRY CLUB WATER SERVICE LINE Approving a Contract with D.S.
Eakins Construction Corp. for the purchase and installation of a water service line for the Country
Club at a total cost not to exceed $61,700; and authorizing execution of the Contract.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
17. DISCUSSION – Building Recertification Update
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
Regular Session Agenda, December 08, 2022 Page 3 of 3
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting,
he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting
should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
DRAFT MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
OCTOBER 27, 2022
Present: Deborah Searcy, Mayor
David B. Norris, Vice Mayor
Susan Bickel, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Mark Mullinix, Councilmember
Chuck Huff, Interim Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Searcy 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 Searcy gave the invocation and Vice Mayor Norris led the public in the Pledge.
AWARDS AND RECOGNITION
Mayor Searcy presented a Commendation to seven (7) North Palm Beach Fire Rescue personnel
for their recovery efforts at the properties of Southwest Florida firefighters in the aftermath of
Hurricane Ian.
Mayor Searcy congratulated District Chief Scott Freseman for receiving the Firefighter of th e Year
Award and acknowledged Fire Chief J.D. Armstrong for serving the Village for forty (40) years.
APPROVAL OF MINUTES
The Minutes of the Special Emergency Session held September 28, 2022 and of the Regular
Session held October 13, 2022 were approved as written.
STATEMENTS FROM THE PUBLIC
Chris Ryder, 118 Dory Road S, expressed his concerns regarding changes to the Comprehensive
Plan and the zoning in the C-MU District during the summer of 2020.
John Samadi, 512 Marlin Road, expressed his concerns regarding the Village’s response time to
maintaining sidewalks that were in need of cleaning or repair.
Draft Minutes of the Village Council Regular Session held October 27, 2022 Page 2 of 9
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
MOTION – APPEAL OF PLANNING COMMISSION’S DENIAL OF 200 YACHT CLUB
DRIVE PROJECT
Mr. Rubin explained that Robbins NPB LLC, the owner of the property located on the southeast
corner of Yacht Club Drive and U.S. Highway One and the applicant for the 200 Yacht Club Drive
proposed project, filed an appeal of the Planning Commission’s denial of a requested waiver
pursuant to Section 45-51(6) of the Village Code, which allows the applicant or any interested
party to file an appeal to the Village Council on any waiver decision. That section further provides
that “such an appeal will also function as an appeal of the site plan and appearance review
application.”
Brian Seymour, Attorney with Gunster Law Firm, introduced himself and stated that he would
present on behalf of the property owner, Robbins NPB LLC. Mr. Seymour explained that the
Council’s role was to decide whether or not there was evidence to support the Planning
Commission’s vote to deny the project finding that the waiver of Section 45-31(G)(3) of the
Village Code that required a seven-foot perpetual sidewalk dedicated to the Village along the U.S.
Highway One frontage did not meet the criteria for a waiver set forth in Section 45-51 of the
Village code. Mr. Seymour stated for the record that the appeal was solely based on the Planning
Commission’s findings that the waiver did not meet the criteria set forth in Section 45-51 of the
Village Code and nothing more and his client objected to anything more being considered in the
appeal. Mr. Seymour stated that the record included the information that was presented to the
Planning Commission in September of 2022, which was the staff report, the justification statement
of the applicant, the presentation, the plans, the applicant’s presentation, staff’s presentation, the
answers to the questions made, public statements and the staff report and minutes from the 2021
Planning Commission meeting on the project. Mr. Seymour stated that he recognized that public
comments were going to be allowed by the Council for the appeal, but that he noted his objection
to consideration of such comments because they are not part of the record on appeal.
Mr. Seymour discussed and explained what was and was not considered evidence according to
Florida law. Mr. Seymour stated that the project has been in review for two (2) years. The project
was initially filed on December 2, 2020 and after a number of staff reviews, it went before the
Planning Commission in December of 2021. The proposed project originally included five (5)
stories, 206 residential units, 1578 square feet of space for commercial uses and four (4) live-work
units. The minutes of the December 2021 Planning Commission meeting reflected that the
Planning Commission reviewed the application, heard testimony from staff and the applicant,
heard public comment and determined by a vote of five (5) to one (1), with one (1) member being
absent, that the application including the waivers met all of the Village’s requirements. Because
the request included a height waiver, it was required to be approved by the Village Council. The
request did not come before Council at that point because of the concerns raised by residents at
the 2021 December hearing. Based on such concerns, the applicant revised the proposed project
by reducing it by one (1) story to four (4) stories, reducing the number of residential units to 177
residential units and including 5802 square feet of commercial space. After the revisions, the
Planning Commission reversed their decision and denied the project based on the one (1) waiver.
Mr. Seymour explained that all of the proposed uses for the project were permitted uses per the
Village Code. Mr. Seymour stated that evidence demonstrated that the project met the Village
Code and the Comprehensive Plan. Mr. Seymour discussed and reviewed the codes and
requirements in the C-MU Zoning District and discussed how the Master Plan workshops in 2018
and 2019 resulted in concurrent amendments to the Comprehensive Plan and Village Code that
were adopted and cross referenced.
Draft Minutes of the Village Council Regular Session held October 27, 2022 Page 3 of 9
MOTION – APPEAL OF PLANNING COMMISSION’S DENIAL OF 200 YACHT CLUB
DRIVE PROJECT continued
Mr. Seymour stated that the Village Council adopted the definition of dwelling unit referenced in
Ordinance 2022-10 which was later repealed. Mr. Seymour stated that the repeal was not in place
when the application was submitted and therefore would not apply to the applicant. The
application is required to be reviewed under the rules that applied when it was filed. Applying
those regulations, staff found that the project was consistent with the density allowed within the
Commercial Land Use Designation of the Comprehensive Plan. At the September 2022 Planning
Commission, the applicant committed to converting the four (4) live-work units to commercial
space which reduced the density from 32 ½ to 32. Mr. Seymour stated that Village staff was very
clear that the applicant designed the proposed project consistent with the Citizen’s Master Plan,
Village Code and the Comprehensive Plan.
Mr. Seymour stated that four (4) waivers were requested by the applicant. Mr. Seymour discussed
and explained the waivers and stated that the waivers met all of the requirements in 2021. The
same waivers were presented at the September 2022 hearing with the differences of lower height,
the incorporation of requests and conditions that were made by the Planning Commission and a
reduction in density. Mr. Seymour explained and discussed the conclusions of staff regarding the
waivers and what was required for waivers to be approved. Mr. Seymour stated that there was no
discussion at the meetings regarding the sidewalk width. The Planning Commission relied on one (1)
waiver to deny the project. Mr. Seymour discussed and explained the sidewalk waiver. Mr.
Seymour stated that there was no evidence in the record that the sidewalk waiver was not consistent
with the applicable code requirements and that there was no evidence in the record that supported
the Planning Commission’s denial. Mr. Seymour stated that based on the evidence, the appeal should
be granted.
Mayor Searcy stated that she understood that public comment was not evidentiary and understood
the objection but that Council believed that the residents were entitled to have their voices heard.
Mayor Searcy read thirteen (13) public comments that were submitted online through the Village
website from the following residents who expressed their opposition to the proposed 200 Yacht
Club Drive project:
Jerry Pruitt, 112 Yacht Club Drive Marlene Jannotta, 101 Doolen Ct.
Bill Hipple, 539 Captains Road Susan Mills, 20 Yacht Club Drive
Patricia Bowers, 21 Yacht Club Drive Ryan Nagel, 136 Cruiser Road South
Stephen Harber, 731 Lakeside Drive Patrick Wagor, 625 Atlantic Road
David Havanich, 20 Yacht Club Drive Harriet Havanich, 20 Yacht Club Drive
John Pagano, 21 Yacht Club Drive Kris Pagano, 21 Yacht Club Drive
Bill Stephens, 52 Yacht Club Drive Patricia Williamson, 849 Fathom Road
These residents addressed the Council with their concerns and expressed their opposition to the
proposed 200 Yacht Club Drive project:
Peggy Girard, 52 Yacht Club Drive William Rose, 36 Yacht Club Drive
Carolyn Liss, 52 Yacht Club Drive Frank Rendulic, 36 Yacht Club Drive
Bob Starkie, 36 Yacht Club Drive Lucy Karas, 37 Yacht Club Drive
Chris Ryder, 118 Dory Road South Helen Rabiner, 44 Yacht Club Drive
Diane Smith, 37 Yacht Club Drive Cheryl Rose, 36 Yacht Club Drive
Sandra Yeater, 36 Yacht Club Drive Dave Collangelo, 45 Yacht Club Drive
Bill Stephens, 52 Yacht Club Drive Deborah Cross, 2560 Pepperwood Circle S
Cory Cross, 2560 Pepperwood Circle S
Draft Minutes of the Village Council Regular Session held October 27, 2022 Page 4 of 9
MOTION – APPEAL OF PLANNING COMMISSION’S DENIAL OF 200 YACHT CLUB
DRIVE PROJECT continued
Mr. Seymour addressed the traffic concerns explaining that the traffic was determined to be at
Level of Service A at the intersection of U.S. Highway 1 and Yacht Club Drive. Mr. Seymour
stated that the issue at hand was what the laws were and the fact that the developer followed the
established laws. Mr. Seymour explained that the Village had every right to change the code going
forward. Mr. Seymour concluded that the law had to be followed and the developer followed the law.
Councilmember Mullinix asked Mr. Rubin to explain what the Council was ruling on.
Mr. Rubin explained that the Council would be ruling on the entire site plan and appearance
application in accordance with the Village Code.
Councilmember Mullinix explained that from the inception of the proposed project, he was clear
to the developer that he was not a proponent of the project. Councilmember Mullinix explained
and discussed his reasons for not approving the project.
President Pro Tem Bickel stated that she was not a proponent of the density that was initially
proposed and did not see the public benefit that would come with the waivers and did not support
the project as it stood.
Vice Mayor Norris stated that he could not support the project based on the same reasons that
Councilmember Mullinix and President Pro Tem Bickel expressed and for the fact that there was
not enough commercial space proposed.
Councilmember Aubrey stated that he did not support the appeal, but that he could support the
proposed project with changes such as a density of thirty-six (36), more commercial space and an
entrance and exit on the south end of the property. Councilmember Aubrey clarified the difference
between low income and workforce housing and stated that the proposed project had workforce
housing units included.
Mayor Searcy agreed with the concerns expressed by the rest of the Council regarding the project.
Mayor Searcy stated that she did not believe the proposed project complied with the
Comprehensive Plan which calls for a vibrant commercial corridor and a mixed pattern of
development. The issue was that it would be three parcels that would be turned into ninety-seven
percent (97%) residential with less than 6000 square feet of commercial space which was not a
mixed pattern of development. The Master Plan indicated that the northernmost parcel could be
completely residential but not the other two parcels. Mayor Searcy stated that she did not support
the project as it was currently proposed.
Ken Tuma of Urban Design Studios, introduced himself and stated that he, the property owner and
the developer were looking for direction on what Council was looking for in the proposed project
and would like to address and discuss some of the items that were mentioned.
Mr. Rubin stated that a revised project could be submitted regardless of the outcome of the appeal.
Mr. Tuma stated that he and the developer discussed what they would be willing to do to make the
project happen. Mr. Tuma stated that they would be willing to drop the project down to 162 units,
eliminate the parking garage and do surface parking along the back of the building. No townhomes
would be at the back of the building.
Draft Minutes of the Village Council Regular Session held October 27, 2022 Page 5 of 9
MOTION – APPEAL OF PLANNING COMMISSION’S DENIAL OF 200 YACHT CLUB
DRIVE PROJECT continued
Mr. Tuma explained that in order to eliminate the parking garage, they would need to go up one
partial level to allow the ability to shrink the building for additional green space. Mr. Tuma stated
that the developer was satisfied with having 1600 square feet of commercial space for the
possibility of a coffee shop but was unsure if they would be willing to revise the amount of
commercial space. Mr. Tuma asked Scott Stetner of Robbins NPB LLC to come up and address
the proposed commercial space.
Mr. Stetner introduced himself and began to discuss and explain the challe nging process that had
been undertaken between staff, the Planning Commission and Council to bring the project to
fruition. Mr. Stetner explained that they relied on the code to bring forward a proposal for the
project that met the code and they were confident their legal position and would pursue legal
measures if necessary. Mr. Stetner stated that if Council was willing to work with them, further
legal action could be avoided.
Mayor Searcy asked if the developer was willing to provide more commercial space and if so, how
much more.
Mr. Stetner explained that if the density was being decreased it was not economically feasible to
provide more commercial space. Mr. Stetner continued to explain the reasons why more
commercial space would not be feasible.
Mayor Searcy stated that she could not be in support of the proposed project if it did not have more
commercial space.
President Pro Tem Susan Bickel expressed her displeasure with Mr. Stetner’s threat to pursue
further legal action and stated that she was not in support of the proposed density for the project
and did not feel comfortable negotiating the details of the project before having time to prepare or
think about the proposed changes they were offering.
Mr. Seymour recommended that Council stay the appeal in order for the developer and architects
to have time to come back with changes and present a revised project proposal.
Mr. Rubin explained that it was up to Council to decide whether or not to stay the appeal if they
were willing to consider a revised project proposal.
Councilmember Mullinix made a motion to deny the appeal of the Planning Commission’s denial
of the 200 Yacht Club Drive Project.
The motion made by Councilmember Mullinix to deny the appeal of the Planning Commission’s
denial of the 200 Yacht Club Drive Project failed due to lack of a second.
Discussion ensued between Councilmembers, staff and Mr. Rubin on whether or not to stay the appeal.
Mayor Searcy asked Mr. Mitchell Robbins, of Robbins NPB LLC, the owner of the property
located at 200 Yacht Club Drive, if he would like to speak.
Draft Minutes of the Village Council Regular Session held October 27, 2022 Page 6 of 9
MOTION – APPEAL OF PLANNING COMMISSION’S DENIAL OF 200 YACHT CLUB
DRIVE PROJECT continued
Mr. Robbins introduced himself and gave a history of why and how he acquired the property
located at 200 Yacht Club Drive. Mr. Robbins explained that the proposed project was based on
feedback he had received from Village staff and residents. Mr. Robbins concluded by stating that
by staying the appeal it would give them the opportunity put a revised project together that would
be right for that piece of property.
Mayor Searcy thanked Mr. Robbins for his dedication to the Village.
Vice Mayor Norris stated that he was willing to give the developers and architects the opportunity
to present a revised project.
President Pro Tem Bickel asked if the appeal could be denied but keep the project open to
negotiation.
Mr. Rubin recommended that if Council was still open to further negotiation, they should stay the
appeal for a specified time period.
Mr. Tuma stated that a sixty (60) day period would work for the team to come back with revisions
to the project.
Mayor Searcy addressed the audience and explained that if the appeal was stayed, it would give
the developers the opportunity to bring back a revised project based upon all concerns expressed
by Council and the residents.
Councilmember Mullinix explained his reasoning for wanting to deny the appeal. Mr. Mullinix
expressed that he would like the developer to start over on the project.
Councilmember Aubrey asked what would be the best process for moving forward.
Mr. Rubin explained that if the appeal was denied, it would force the developer’s hands to take the
next steps in the legal process as there were deadlines for challenging the denial in the Circuit
Court. Mr. Rubin explained that it was within the Council’s discretion to deny or stay the appeal.
Discussion ensued between Council and Mr. Robbins regarding the potential outcomes of denying
or staying the appeal. It was concluded that if the appeal was denied, the final outcome of the
project could rest with a Circuit Court judge if the developer were to pursue further legal action.
A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to stay the
appeal of the Planning Commission’s denial of the 200 Yacht Club Drive Project until the
second Council meeting in January, which would fall on January 26, 2023.
The motion passed 4 to1 with Mayor Searcy, Vice Mayor Norris, President Pro Tem Bickel and
Councilmember Aubrey voting aye and Councilmember Mullinix voting nay.
Mr. Huff expressed his thoughts on the stay of the appeal and stated that it gave an opportunity to
meet with residents and have them engaged with the developers to give their input on the project.
Mr. Huff stated that he was willing to facilitate those meetings.
Draft Minutes of the Village Council Regular Session held October 27, 2022 Page 7 of 9
MOTION – APPEAL OF PLANNING COMMISSION’S DENIAL OF 200 YACHT CLUB
DRIVE PROJECT continued
Mayor Searcy recessed the meeting at 9:18 p.m.
Mayor Searcy reconvened the meeting at 9:26 p.m.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2022-18 CODE AMENDMENT –
IMPLEMENT THE RECOMMENDATIONS OF THE AD HOC COMMITTEE
A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to adopt
and enact on second reading Ordinance 2022-18 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE
OF ORDINANCES TO IMPLEMENT THE RECOMMENDATIONS OF THE AD HOC
COMMITTEE; AMENDING ARTICLE III, “DISTRICT REGULATIONS,” BY AMENDING
SECTION 45-27, “R-1 SINGLE-FAMILY DWELLING DISTRICT,” TO REGULATE THE
VOLUME AND MASSING OF TWO-STORY DWELLINGS; AMENDING ARTICLE VII,
“NONCONFORMING USES OF LAND AND STRUCTURES,” BY AMENDING SECTION
45-64, “NONCONFORMING STRUCTURES,” TO ALLOW THE RECONSTRUCTION OF
NONCONFORMING RESIDENTIAL STRUCTURES UNDER SPECIFIED CIRCUMSTANCES;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Interim Community Development Director Alex Ahrenholz explained the purpose for the
Ordinance and that it passed on first reading with amendments. The revisions were made to
Section 45-27 (D)(4) whereby the reference to the height of the building wall was removed and
the intent of the enhanced second story setback, and to Section 45-27(E) whereby the building wall
articulation requirement was addressed. Mr. Ahrenholz explained that further revisions were made
to Section 45-27(E) to clarify that window and door openings shall not be considered a plane break
when requiring articulation on walls with an unbroken plane in excess of fifteen (15) feet in height
and thirty (30) feet in length.
These residents addressed the Council with their concerns regarding the proposed Ordinance to
amend the Village code to implement the recommendations of the Ad Hoc Committee:
Benjamin Schreier, 137 Cruiser Road S John Samadi, 512 Marlin Road
Deborah Cross, 2560 Pepperwood Circle S
Bill Whiteford, Chairman of the Ad Hoc Residential Code Committee stated that there were still
issues that the Committee needed to discuss and address. Mr. Whiteford encouraged residents to
attend the meetings to provide input.
Councilmember Mullinix expressed his concerns with the proposed changes to the residential
code. Councilmember Mullinix thanked staff and the Ad Hoc Committee for their efforts but
expressed that the code changes should continue to be evaluated before adoption.
Vice Mayor Norris asked for clarification on Section 45-64(2)(b) and expressed his concerns with
the proposed code.
Mr. Rubin explained that the Village code would be subject to Florida Building Code.
Draft Minutes of the Village Council Regular Session held October 27, 2022 Page 8 of 9
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2022-18 CODE AMENDMENT –
IMPLEMENT THE RECOMMENDATIONS OF THE AD HOC COMMITTEE continued
Discussion ensued between Councilmembers regarding the proposed articulation requirements in the code.
Discussion continued on whether or not to pass the ordinance as is or to amend the ordinance
before passing and what revisions could be made.
A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to amend
Ordinance 2022-18 by eliminating the additional five (5) foot rear setback requirement for
waterfront properties.
Thereafter the motion to amend Ordinance 2022-18 passed unanimously.
Thereafter, the motion to adopt and enact on second reading Ordinance 2022-18 as amended
passed 3 to 2 with Mayor Searcy, President Pro Tem Bickel and Councilmember Aubrey voting
aye and Vice Mayor Norris and Councilmember Mullinix voting nay.
CONSENT AGENDA APPROVED
President Pro Tem Bickel moved to approve the Consent Agenda. Vice Mayor Norris seconded
the motion, which passed unanimously. The following items were approved:
Resolution announcing the date of the Village General Election and Run Off Election, if
necessary; designating voting locations; requesting that the Supervisor of Elections conduct
the Election; authorizing the Supervisor of Elections to certify the accuracy of the tabulation
equipment and handle, certify and canvass all ballots, including absentee ballots; and
designating the Canvassing Board.
Resolution approving an Agreement for Vote Processing Equipment use and Elections Services
with the Palm Beach County Supervisor of Elections; and authorizing execution of the Agreement.
Resolution approving and authorizing the purchase of Firefighter Protective Clothing (Bunker
Gear) from Bennett Fire Products Company, Inc. at a total cost of $28,090.08.
Receive for file Minutes of the Recreation Advisory Board Meeting held 9/13/22.
Receive for file Minutes of the Golf Advisory Board Meeting held 9/19/22.
RESOLUTION 2022-93 – AMENDMENT TO CONTRACT FOR 4TH OF JULY FIREWORKS DISPLAY
A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt
Resolution 2022-93 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AN AMENDMENT TO THE CONTRACT WITH STARFIRE
CORPORATION TO PROVIDE A FIREWORKS DISPLAY FOR THE 2023 4 TH OF JULY
CELEBRATION AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
THE AMENDMENT; WAIVING THE VILLAGE’S PURCHASING POLICIES AND
PROCEDURES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Director of Leisure Services Zak Sherman explained that the amendment to the contract for the 4th
of July fireworks display was to increase the price by $5,000.00 and to extend the term of the
contract by one (1) year.
Draft Minutes of the Village Council Regular Session held October 27, 2022 Page 9 of 9
RESOLUTION 2022-93 – AMENDMENT TO CONTRACT FOR 4TH OF JULY FIREWORKS DISPLAY
continued
Thereafter, the motion to adopt Resolution 2022-93 passed unanimously.
RESOLUTION 2022-94 – AMENDMENT TO CONTRACT FOR HERITAGE DAY
AMUSEMENT RIDES
A motion was made by Councilmember Aubrey and seconded by President Pro Tem Bickel to
adopt Resolution 2022-94 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AN AMENDMENT TO THE CONTRACT WITH BIG FUN,
INC. TO PROVIDE AMUSEMENT RIDES FOR HERITAGE DAY 2023 AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; WAIVING THE
VILLAGE’S PURCHASING POLICIES AND PROCEDURES; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Director of Leisure Services Zak Sherman explained that the amendment to the contract for the
Heritage Day amusement rides was to increase the price by $13,000.00 and to extend the term of
the contract by one (1) year.
Thereafter, the motion to adopt Resolution 2022-94 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
President Pro Tem Bickel stated that she has heard concerns from residents regarding the proposed
development of the Twin Cities Mall site. President Pro Tem Bickel expressed her concerns
regarding the proposed project and recommended slowing the process down and have more public
meetings, input and discussion. President Pro Tem Bickel stated that she was in favor of the project
but wanted to make sure that the Village was following all the right procedures and that there
would be plenty of public outreach and input.
Discussion ensued between Councilmembers and Mr. Rubin regarding the proposed development
of the Twin Cities Mall site.
It was concluded that the Village was following the proper protocols and process regarding the
proposed project and that Council would have a workshop concerning the proposed project in the future.
Mr. Huff stated that he has made the developer aware that public outreach and input was necessary
in order to move forward with the proposed project.
Mayor Searcy announced the Village’s Halloween Event at Anchorage Park on Saturday, October 29th.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 10:18 p.m.
Jessica Green, MMC, Village Clerk
DRAFT MINUTES OF THE SPECIAL EMERGENCY SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
NOVEMBER 9, 2022
Present: Deborah Searcy, Mayor
David B. Norris, Vice Mayor
Susan Bickel, President Pro Tem
Chuck Huff, Interim Village Manager
Jessica Green, Village Clerk
Absent: Darryl C. Aubrey, Sc.D., Councilmember
Mark Mullinix, Councilmember
ROLL CALL
Mayor Searcy called the meeting to order at 11:00 a.m. All members of Council were present,
except for Councilmember Aubrey and Councilmember Mullinix. All members of staff were
present, except the Village Attorney.
RESOLUTION 2022-95 – DECLARING LOCAL STATE OF EMERGENCY
A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to adopt
Resolution 2022-95 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, DECLARING A LOCAL STATE OF EMERGENCY WITHIN THE VILLAGE
DUE TO THE IMPACTS OF TROPICAL STORM/HURRICANE NICOLE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Police Chief Richard Jenkins gave an update on Tropical Storm/Hurricane Nicole and emergency
preparation measures.
Mr. Huff gave an update on Tropical Storm/Hurricane Nicole and the emergency preparation
measures that were being undertaken by the Village. Mr. Huff discussed employee time off and
pay that may result from the storm. Mr. Huff gave an update on what the trash collection schedule
would be after the storm passes.
Mayor Searcy asked for an update on the Veteran’s Day Ceremony.
Mr. Huff stated that the Veteran’s Day Ceremony was cancelled due to the impending storm.
Discussion ensued between Mr. Huff, Chief Jenkins and Council on what could be done to honor
veterans for Veteran’s Day due to the cancellation of the ceremony.
Draft Minutes of Village Council Special Emergency Session held November 9, 2022 Page 2 of 2
RESOLUTION 2022-95 – DECLARING LOCAL STATE OF EMERGENCY continued
It was concluded that an acknowledgment and ceremony to honor veterans would be done at the
beginning of the next scheduled Council meeting.
Thereafter, the motion to adopt Resolution 2022-95 passed with all present voting aye.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 11:11 a.m.
Jessica Green, MMC, Village Clerk
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Chuck Huff, Interim Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: December 8, 2022
SUBJECT: ORDINANCE 1st Reading – Amending the Police and Fire Pension Plan to authorize
the Board to adopt an Administrative Policy for Tax Qualification and Increasing the
Minimum Distribution Age
The Police and Fire Pension Board is requesting Village Council consideration and approval of the
attached Ordinance revising Division 4, “Pension and Certain Other Benefits for Fire and Police
Employees,” of Article V, “Pensions and Retirement Systems,” of Chapter 2, “Administration,” of the
Village Code of Ordinances to ensure continued compliance with all applicable Internal Revenue Code
requirements. Specifically, the proposed Ordinance provides for the following revisions:
An amendment to Section 2-159 (Creation of Plan and Trust) of the Village Code to specifically
reference the applicable Treasury Regulations and require the Board of Trustees for the Pension
Plan to adopt an administrative policy setting for the required provisions for tax qualification. This
will allow the Board, in consultation with its legal counsel, to make appropriate changes to the
Plan to maintain its tax qualified status due to changes to the Internal Revenue Code.
An amendment to Section 2-161 (Benefit Amounts) and Section 2-170.1 (Deferred Option Benefit
Plan – DROP) to increase the required minimum distribution age from 70½ to 72 to comply with
changes to the Internal Revenue Code.
As set forth in the letter from Foster and Foster, the Plan Actuary (copy attached), the proposed changes
will have no impact on the assumptions used in determining the funding requirements of the Plan.
Recommendation:
Village Staff requests Council consideration and approval on first reading of the attached
Ordinance amending the Police and Fire Pension Plan to authorize the Board to adopt an
administrative policy to maintain its tax qualified status and increase the required minimum
distribution age as required by the Internal Revenue Code.
Page 1 of 3
ORDINANCE NO. ____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE, “PENSION AND 3
CERTAIN OTHER BENEFITS FOR THE VILLAGE OF NORTH PALM BEACH, 4
FLORIDA AMENDING DIVISION 4, “PENSIONS AND CERTAIN OTHER 5
BENEFITS FOR FIRE AND POLICE EMPLOYEES,” OF CHAPTER 2, 6
“ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES BY 7
AMENDING SECTION 2-159, “CREATION OF PLAN AND TRUST,” TO 8
AUTHORIZE THE BOARD TO ADOPT AN ADMINISTRATIVE POLICY FOR 9
TAX QUALIFICATION TO ENSURE CONTINUED COMPLIANCE WITH 10
INTERNAL REVENUE CODE REQUIREMENTS; AMENDING SECTION 2-161, 11
“BENEFIT AMOUNTS,” AND SECTION 2-170.1, “DEFERRED OPTION 12
BENEFIT PLAN,” TO INCREASE THE REQUIRED MINIMUM DISTRIBUTION 13
AGE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 14
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 15
16
WHEREAS, the Village sponsors a retirement plan for its police and fire employees known as the 17
Village of North Palm Beach Fire and Police Retirement Fund (the “Plan”). The Plan is administered 18
by a Board of Trustees (the “Board”); 19
20
WHEREAS, the Village Council recognizes that changes to the Internal Revenue Code may happen 21
quickly and frequently and that there is a benefit in authorizing the Board, in consultation with its 22
legal counsel, to make appropriate changes to the Plan in order to maintain the Plan’s tax qualified 23
status; and 24
25
WHEREAS, effective January 1, 2020, the Internal Revenue Code was amended by increasing the 26
required minimum distribution age from 70½ to 72; and 27
28
WHEREAS, the Village Council wishes to amend the Plan to incorporate an administrative policy on 29
tax qualification and to raise the required minimum distribution age and determines that the adoption 30
of this Ordinance is in the interest of the public health, safety and welfare of the Village and its 31
residents. 32
33
NOW, THEREFORE BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 34
NORTH PALM BEACH, FLORIDA as follows: 35
36
Section 1. The foregoing “whereas” clauses are hereby ratified as true and are incorporated 37
herein. 38
39
Section 2. The Village Council hereby amends Chapter 2, “Administration,” Article V, “Pensions 40
and Retirement Systems,” Division 4, “Pension and Certain Other Benefits for Fire and Police 41
Employees,” of the Village Code of Ordinances as follows (additional language is underlined and 42
deleted language is stricken through): 43
44
Sec. 2-159. Creation of plan and trust. 45
46
(a) Creation of trust. A pension and retirement system for full-time 47
firefighters and police officers of the village is hereby established to provide 48
Page 2 of 3
retirement, survivor and disability benefits as provided by this division. The system 1
shall be known as the Village of North Palm Beach Fire and Police Retirement Fund 2
and is intended to be a tax qualified plan under Internal Revenue Code Section 401(a) 3
and the corresponding Treasury Regulations applicable to meet the requirements of a 4
governmental plan as defined in Internal Revenue Code Section 414(d). In recognition 5
of the changing requirements of retirement system qualification, the Board shall adopt 6
an administrative policy setting forth the required provisions for tax qualification. 7
Such a policy shall be amended by the Board as required to maintain continuing 8
compliance with the Internal Revenue Code and that policy and any amendments 9
thereto shall have the force of law as if adopted by the Village Council. 10
11
* * * 12
13
Sec. 2-161. Benefit amounts. 14
15
* * * 16
17
(i) 401(a)(9) Required Distributions. 18
(1) Effective for distributions after December 31, 1996, in accordance with 19
Internal Revenue Code Section 401(a)(9), all benefits under this Plan 20
will be distributed, beginning not later than the required beginning date 21
set forth below, over a period not extending beyond the life expectancy 22
of the member or the life expectancy of the member and a beneficiary. 23
(2) Any and all benefit payments shall begin by the later of: 24
a. April 1 of the calendar year following the calendar year of the 25
member's retirement date; or 26
b. April 1 of the calendar year following the calendar year in 27
which the member attains age seventy and one-half (70 ½) 28
seventy-two (72), provided the Member had not attained age 29
seventy and one-half by December 31, 2019. 30
(3) If an employee dies before his entire vested interest has been distributed 31
to him, the remaining portion of such interest will be distributed at least 32
as rapidly as provided for under this Plan and will comply with the 33
incidental death benefit under Internal Revenue Code Section 34
401(a)(9)(G). 35
(4) All distributions under this Plan will be made in accordance with this 36
section, Internal Revenue Code Section 401(a)(9) and the regulations 37
thereunder, notwithstanding any provisions of this Plan to the contrary, 38
effective beginning. 39
40
* * * 41
42
43
Page 3 of 3
Sec. 2-170.1. Deferred option benefit plan (DROP). 1
2
* * * 3
4
(p) Any form of payment selected by the employee must comply with the 5
minimum distribution requirements of the IRC 401(A)(9), i.e., payments must 6
commence by age 70.50 72. 7
8
Section 3. All other provisions of Division 4 of Article V of Chapter 2 of the Village Code of 9
Ordinances not expressly amended as set forth above shall remain unchanged by the adoption of this 10
Ordinance. 11
12
Section 4. The provisions of this Ordinance shall become and be made part of the Code of the 13
Village of North Palm Beach, Florida. 14
15
Section 5. If any action, paragraph, sentence, clause, phrase or word of this Ordinance is for any 16
reason held be a court of competent jurisdiction to be unconstitutional, inoperative or void, such 17
holding shall not affect the remainder of this Ordinance. 18
19
Section 6. All ordinance or parts of ordinances and resolutions or parts of resolutions of the 20
Village of North Palm Beach, Florida, which are in conflict with this Ordinance are hereby repealed 21
to the extent of such conflict. 22
23
Section 7. This Ordinance shall be effective immediately upon adoption. 24
25
PLACED ON FIRST READING THIS ___ DAY OF _________, 2022. 26
27
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF _________, 28
2023. 29
30
31
(Village Seal) 32
MAYOR 33
34
35
ATTEST: 36
37
38
VILLAGE CLERK 39
40
APPROVED AS TO FORM AND 41
LEGAL SUFFICIENCY: 42
43
44
VILLAGE ATTORNEY 45
13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 · (239) 433-5500 · Fax (239) 481-0634 · www.foster-foster.com
Re: Village of North Palm Beach
Fire and Police Retirement Fund
Dear Board:
As requested by Bonni Jensen via September 23, 2022 email, we have reviewed the proposed Ordinance,
amending the following Sections:
Sec. 2-159 – Reference to applicable Treasury Regulations added. Additionally adopting an
administrative policy for maintaining compliance with the Internal Revenue Code.
Sec. 2-161 and 2-170.1 – An increase in the age for required minimum distribution of benefits from 70 ½
to 72.
We have determined that the adoption of the proposed changes will have no impact on the assumptions
used in determining the funding requirements of the program.
Because the above proposals do not result in an immediate change in the valuation results, it is our
opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However,
since the Division of Retirement must be aware of the current provisions of all public pension programs,
it is recommended that you send a copy of this letter and a copy of the fully executed Ordinance to each
of the following offices:
If you have any questions, please let me know.
Sincerely,
Douglas H. Lozen, EA, MAAA
Cc via email: Bonni Jensen, Plan Attorney
Mr. Keith Brinkman
Bureau of Local Retirement Systems
Division of Retirement
3189 S. Blair Stone Rd.
Tallahassee, FL 32301
Mr. Steve Bardin
Municipal Police and Fire
Pension Trust Funds
Division of Retirement
3189 S. Blair Stone Rd.
Tallahassee, FL 32301
October 13, 2022
VIA EMAIL
Board of Trustees
Village of North Palm Beach
Firefighters’ and Police Officers’ Pension Board
North Palm Beach, FL 33408 | Phone: 561-841-3365
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
_________________________________________________________________
TO: Honorable Mayor and Council
THRU: Charles Huff, Interim Village Manager
FROM: Alex Ahrenholz, Acting Director of Community Development
DATE: December 8, 2022
SUBJECT: ORDINANCE – Village initiated Amendment to the Village’s Comprehensive
Plan to adopt a Property Rights Element
______________________________________________________________________
Analysis:
During the 2021 session, the Florida Legislature adopted Senate Bill 59, amending Section
163.3177(6)(i)(1), Florida Statutes, to require each municipality to include a new Property
Rights Elements in its Comprehensive Development Plan. Pursuant to state statute, the
Property Rights Element must be adopted “by the earlier of the date of its adoption of its
next proposed plan amendment that is initiated after July 1, 2021, or the date of the next
scheduled evaluation and appraisal of its comprehensive plan.”
With the anticipated revisions to the Comprehensive Plan impacting the former Twin City
Mall site, the Village is required to adopt a Property Rights Element at this time. The
legislation provided a model statement of rights a local government may adopt. The purpose
of this new element is to ensure that the Village considers and respects judicially
acknowledged and constitutional private property rights when making planning and
development decisions. Specifically, the Property Rights Element provides that the Village
will consider the following rights in its decision making:
The right of a property owner to physically possess and control his or her interests
in the property, including easements, leases, or mineral rights.
The right of a property owner to use, maintain, develop, and improve his or her
property for personal use or for the use of any other person, subject to state law and
local ordinances.
The right of a property owner to privacy and to exclude others from the property to
protect the owner’s possessions and property.
The right of a property owner to dispose of his or her property through sale or gift.
Village Staff is proposing adoption of the statutory model. The Planning Commission, in its
role as the Village’s Local Planning Agency, reviewed the proposed Property Rights
Element at a public hearing held on November 1, 2022 and unanimously recommended
approval. Upon adoption on first reading, Village Staff will transmit the proposed
Comprehensive Plan Amendment to the Florida Department of Economic Opportunity for
review and comment.
There is no fiscal impact
2
Recommendation:
Village Staff recommends Council consideration and approval on first reading of the
attached Ordinance amending the Village’s Comprehensive Plan to include a Property
Rights Element as required by state law.
Attachments:
1. Supporting Materials
Page 1 of 2
ORDINANCE NO. 2022-_____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE OF NORTH 4
PALM BEACH COMPREHENSIVE PLAN TO ADOPT A NEW PROPERTY 5
RIGHTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR 6
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 7
8
WHEREAS, the Florida Legislature recently updated Section 163.3177(6)(i)1, Florida Statutes, to 9
require each local government to include in its Comprehensive Plan a Property Rights Element to 10
ensure that private property rights are considered in local decision-making; and 11
12
WHEREAS, the Village wishes to amend its Comprehensive Plan to add a Property Rights 13
Element as required by Florida law; and 14
15
WHEREAS, on November 1, 2022, the Planning Commission, sitting as the Local Planning 16
Agency, conducted a public hearing to review the proposed amendment to the Village 17
Comprehensive Plan and provides a recommendation of approval to the Village Council; and 18
19
WHEREAS, having conducted all of the duly advertised public hearings required by Chapter 163, 20
Florida Statutes, the Village Council wishes to amend its Comprehensive Plan and determines that 21
the adoption of this Ordinance is in the interests of the health, safety and welfare of the residents 22
and property owners of the Village of North Palm Beach. 23
24
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 25
OF NORTH PALM BEACH, FLORIDA as follows: 26
27
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 28
29
Section 2. The Village Council hereby revises the Village of North Palm Beach 30
Comprehensive Plan by adopting a new Property Rights Elements attached hereto as Exhibit “A” 31
and incorporated herein by reference. 32
33
Section 3. All ordinances or parts of ordinances and resolutions or parts of resolutions in 34
conflict herewith are hereby repealed to the extent of such conflict. 35
36
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 37
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 38
such holding shall not affect the remainder of this Ordinance. 39
40
Section 5. This Ordinance shall be effective thirty-one (31) days after the Department of 41
Economic Opportunity notifies the Village that the plan amendment package is complete or, if 42
timely challenged, this Ordinance shall be effective upon entry of a final order by the Department 43
of Economic Opportunity or the Administration Commission determining the adopted amendment 44
to be in compliance. 45
46
Page 2 of 2
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 1
2
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 3
2023. 4
5
(Village Seal) 6
MAYOR 7
8
9
ATTEST: 10
11
12
VILLAGE CLERK 13
14
15
APPROVED AS TO FORM AND 16
LEGAL SUFFICIENCY: 17
18
19
VILLAGE ATTORNEY 20
14.0 PROPERTY RIGHTS
14.1 INTRODUCTION
Section 166.3177(6)(i)1, Florida Statutes, requires each local government to include in its
Comprehensive Plan a Property Rights Element to ensure that private property rights are
considered in local decision making.
14.2 VILLAGE GOAL STATEMENT
The Village will make planning and development decisions with respect for property rights
and with respect for people’s rights to participate in decisions that affect their lives and
property.
14.3 OBJECTIVE AND POLICY
OBJECTIVE 1: The Village will respect judicially acknowledged and constitutionally
protected private property rights.
Policy 1.1: The Village will consider the following rights in its decision making:
a. The right of a property owner to physically possess and control his or her interests
in the property, including easements, leases, or mineral rights.
b. The right of a property owner to use, maintain, develop, and improve his or her
property for personal use or for the use of any other person, subject to state law
and local ordinances.
c. The right of a property owner to privacy and to exclude others from the property to
protect the owner’s possessions and property.
d. The right of a property owner to dispose of his or her property through sale or gift.
VILLAGE OF NORTH PALM BEACH
PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY APRIL 5, 2022
Present: Cory Cross, Chairman
Donald Solodar, Vice Chair
Thomas Hogarth, Member
Jonathan Haigh, Member
Scott Hicks, Member
Nathan Kennedy, Member
Aleksandr Boksner, Village Attorney
Jeremy Hubsch, Community Development Director
Alex Ahrenholz, Principal Planner
Not Present: Kathryn DeWitt, Member
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 except Ms. DeWitt. Mr. Hicks arrived at 6:34 PM.
II. APPROVAL OF MINUTES
The Minutes of the February 1, 2022 and March 1, 2022 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 Aleksandr Boksner swears in all persons speaking.
A. SITE PLAN AND APPEARANCE REVIEW
1. 202-208 US Highway 1 - Paint Colors
Application by Cromwell Properties for amendment to the building paint colors
Mr. Ahrenholz presented the staff report and recommendations. The building is located just south of Northlake
Blvd. on US 1. The building used to be yellow and red, and when the tenant moved out, the owners repainted the
building without a permit. They realized after the fact that they need COA approval. The new paint is a Benjamin
Moore custom light blue and the metal roof was painted with Sherwin Williams aluminum.
Minutes of Village Planning Commission Regular Meeting held on April 5, 2022
2
Staff recommends approval with no conditions.
The Chairman asked for comments from the public. Seeing there were no comments, the Chairman closed the
public comments.
The Planning Commissions members discussed whether the cabinet signs will be changed, and whether the
property owner has been advised of the proper procedure for repainting the building.
Motion: Mr. Haigh moved to approve the application as submitted. Mr. Solodar seconded the motion, which
passed 6-0.
2. 517 Northlake Blvd - Awnings
Application by Hoover Canvas products, on behalf of HNK, LLC for the installation of building
awnings along the East entrances
Mr. Ahrenholz presented the staff report and recommendations. The subject property was approved for building
signage at the January 11, 2022 Planning Commission meeting. The property owner has since opened the business
and realized an awning would better frame the entrances on the east side of the building . The black canvas
awnings will extend out three (3) feet seven (7) inches from the façade, completely covering the walkway and
extending into the roadway one (1) foot, six (6) inches. The awning will be just shy of ten (10) feet above the
ground, so conflicts with vehicles will be avoided. The south side of the building extends to the east by five (5)
feet, so the awning will not extend more that the building does in this section of the parking lot.
Staff recommends approval with no conditions.
Michael Hess, Hoover Canvas Products, West Palm Beach, was present to represent the project.
The Planning Commissions members had no discussion.
Motion: Dr. Kennedy moved to approve the application as submitted. Mr. Hicks seconded the motion, which
passed 6-0.
3. Frigates - Outdoor Seating
Application submitted by Frigates Holdings, LLC, requesting expansion of outdoor seating
Mr. Ahrenholz presented the staff report and recommendations. Frigates is an existing waterfront restaurant
located along the C-17 canal (also known as the Earman River). At the April 2020 Planning Commission meeting,
it was approved for a new dock, solely for use as an observation platform with no seating included. During the
pandemic, the observation platform was used as temporary outdoor seating, permitted by the Village for all
restaurants as a response to Covid-19, but this permission has since expired. In 2021, the restaurant was approved
for parking lot changes to include new golf cart and parallel parking spaces, as well as four (4) public boat slips
for a total of twenty (20) additional spaces. The restaurant was initially approved for 180 seats by the Planning
Commission in 2010. With the addition of 20 new parking spaces, by code 60 additional seats can be approved
required parking - 1 per 3 seats). The proposed site plan has 240 seats total with the same number of employees
utilized. The new seats are being added to the previously approved observation deck and to the existing outdoor
seating area. The proposed site plan does not increase the size of the building or the previously built platform.
Minutes of Village Planning Commission Regular Meeting held on April 5, 2022
3
The only permit necessary is for the re-striping of the parking lot to create the golf cart spaces. The recommended
conditions are mainly to clean up licensures required.
Staff recommends approval with the following conditions:
1. An updated business tax receipt shall be submitted to the Village of North Palm Beach within 30 days of this
approval.
2. Property owner shall obtain an updated license with Palm Beach County for the 4COP SRX alcohol sales
license.
3. Building permit shall be submitted to the Village of North Palm Beach within 45 days of approval for the
restriping of the parking lot to include the golf cart spaces.
4. Property owner shall receive approval from Seacoast Water Utility Authority for compliance with exi sting
system connections prior to Certificate of Occupancy of the re-striping permit.
5. Signage shall be installed on the boat docks advertising and delineating the spaces to moor for public use. They
are limited to two (2) SF and must be placed on existing dock pilings.
Steve Muller, Owner, 130 Bowsprit Dr., North Palm Beach, was present to represent the project.
The Planning Commissions members discussed how the deck seating came about; did seating from inside the
restaurant get moved outside; whether the golf cart parking will be designated as such; and whether parking is
currently adequate with the additional seats.
The Chairman asked for comments from the public.
Deborah Cross, 2560 Pepperwood Circle, North Palm Beach, expressed concern over the amount of parking and
impact of impervious surface runoff into the waterway.
Seeing there were no further comments, the Chairman closed the public comments.
Motion: Mr. Solodar moved to approve the application as submitted with Staff’s recommendations. Dr. Kennedy
seconded the motion, which passed 6-0.
4. North Palm Beach Marina
Application by Urban Design Studios on behalf of Safe Harbor Marinas for the addition of 26 boat
slips, renovation of parking lot, and relocation of food truck
Mr. Haigh recused himself from this item.
Lentzy Jean-Louis, Urban Design Studio, 610 Clematis St., Suite CU02, West Palm Beach, presented the project,
a Site Plan and Appearance Review Application for proposed improvements to the Marina to include:
Replacement and renovation of interior seawall.
Increase number of boat slips provided from 103 to 129.
Improvements to access, drainage, sidewalks along interior seawall.
The subject property is located at 1037 Marina Dr., at the northeast corner of Yacht Club Drive and Marina Drive
within the jurisdiction of the Village of North Palm Beach. The subject property is 11.8 acres . The site contains
Minutes of Village Planning Commission Regular Meeting held on April 5, 2022
4
a marina with 103 wet slips for boat parking, a bathroom building for users on site, and a 1410 SF Ship’s Store
near the northern portion of the site for marina members and boat owners. The site was most recently approved
for a Certificate of Appropriateness (COA) at the October 6th, 2020 Planning Commission meeting to add a
restroom trailer near the Ship’s Store building. The Site Plan approved on October 6th, 2020 was an amendment
to the Site Plan approved at the August 8th, 2020 Village Planning Commission, which approved a food truck
and outdoor seating amenities. As of today, the food stand structure and outdoor seating has been permitted and
should be completed within the next month. Work on the northern seawall has also been recently completed, with
plans to replace and renovate the interior seawall in the upcoming summers of 2022 and 2023.
The proposed improvements include replacement and renovation of the interior seawall, an increase of the number
of boat slips provided from 103 to 129, and improvements to access, drainage, and sidewalks along the interior
seawall. The conditions of the interior seawall on the western border of the marina have been deteriorating over
time, and to address the deteriorating conditions, Safe Harbor Marina is proposing improvements and upgrades
to the inner marina by constructing a new seawall and seawall cap and raising the grade by roughly a foot from
what was existing. The new proposed seawall will be located roughly ±5’ inside of the existing seawall location.
The increased elevation and location will also impact the existing parking and sidewalk adjacent to the interior
seawall in order to accommodate drainage. The grade of the new concrete sidewalk will increase to be flush with
the new seawall cap level, and the grade of the existing parking will increase to the point where the west edge of
the sidewalk acts as a curb varying in height from 0” to 6”. The new grade of the sidewalk being flush with the
seawall cap creates a wider pedestrian path for those traveling along the interior seawall of the marina.
Safe Harbor has also decided to add new boat slips and slightly modify dock locations concurrently with the work
planned on the seawall. An increase of 26 boat slips is planned from the existing layout. Safe Harbor is
considering doing all improvements at the same time, or proposing the work be done in a phased manner in the
summer off seasons of 2022 and 2023.
Mr. Ahrenholz presented the staff report and recommendations. He explained that with the addition of the extra
boat slips, the configuration of the marina will change.
Staff recommends approval with no conditions.
The Chairman asked for comments from the public.
Deborah Cross, 2560 Pepperwood Circle, North Palm Beach, expressed concern over the use of Round-Up to
control weeds and potential for runoff into the waterway.
Chris Ryder, 118 Dory Rd., North Palm Beach, expressed concern whether residents will be able to park on the
public roadway and concern regarding the flood zone designation.
John Bargess, 1036 US 1, North Palm Beach, Complained that Safe Harbor did not provide information to the
residents of Marina Bay when they started the first project, have added trees which now block their view of the
inter-coastal and the lights are left on occasionally all night.
Seeing there were no further comments, the Chairman closed the public comments.
Michael Spruce, Kimley Horn, West Palm Beach, addressed the drainage issue.
Minutes of Village Planning Commission Regular Meeting held on April 5, 2022
5
Josh Dye, 1037 Marina Dr. North Palm Beach, addressed the Marina issues.
The Planning Commissions members discussed how was the additional height on the seawall cap determined;
how did the seawall fail; are there future plans to dredge the marina; will parking spaces need to increase with the
addition of the boat slips; whether the boat slips are floating or fixed; whether the vibration issue with regards to
the pile driving of the steel sheets been addressed; what is the rationale of repositioning the food truck; whether
a waiver was required for the seawall to use steel plates rather than concrete; who will maintain the storm sewer
connection between the marina and the Village;
Motion: Dr. Kennedy moved to approve the application as submitted. Mr. Hicks seconded the motion, which
passed 5-0, with Mr. Haigh recusing himself from the vote.
B. RECOMMENDATIONS TO VILLAGE COUNCIL
1. Dwelling Unit Definition Amendment
Village initiated zoning text amendment to Section 45-2 of the Village Code of Ordinances,
amending the definition of dwelling unit.
Mr. Hubsch discussed the Village Council’s request to remove the definition of Dwelling Unit from the Code,
due to resident opposition regarding the 200 Yacht Club Dr. project’s density. He gave background and timeline
information of how the term was put into the Code rewrite. The process of revising the Village’s land
development regulations and comprehensive plan officially started in January 2018. He explained the consulting
team held its first public workshop in April 2018, followed by seven additional workshops, held between
December 2018 and May 2019. The consulting team and Village staff incorporated feedback from the workshops
into draft land development regulations and comprehensive plan amendments. A preliminary version of the draft
regulations and comprehensive plan amendments was workshopped with the Planning Commission in January
2020 for feedback. One of the numerous code changes that was included in the draft code was counting a one-
bedroom unit as .5 of a dwelling unit in mixed-use commercial zoning districts for density purposes. The .5
dwelling unit provision was then adopted with the remainder of the Village code updates in the fall of 2020.
Mr. Hubsch further explained that many municipalities around the country grant density reductions or bonuses
for the provision of smaller dwelling units in multi-family developments because they tend to have fewer residents
than larger units. When drafting the code, Village staff and its consulting team thought that creating the .5
dwelling unit provision was a best practice and an equitable way to treat density in the Village’s mixed -use
districts. The 200 Yacht Club Drive project utilized the .5 dwelling unit provision to provide a greater number of
one-bedroom units than would have been allowed without the provision. Some residents along Yacht Club Drive
have complained that the project has too many units and have requested that the Village Council repeal the code
provision. In response to the feedback, the Village Council has directed staff to draft an Ordinance repealing the
5 dwelling unit provision.
The Chairman asked for comments from the public.
Nikki Colangelo, 45 Yacht Club Dr. #210, spoke in favor of removing the Dwelling Unit provision from the
Master Plan.
Chris Ryder, 118 Dory Rd., spoke in favor of removing the Dwelling Unit provision from the Master Plan.
Minutes of Village Planning Commission Regular Meeting held on April 5, 2022
6
Ray Kelly, 37 Yacht Club Dr. #206, spoke on density and crime statistics.
Seeing there were no further comments, the Chairman closed the public comments.
The Planning Commissions members discussed the request and whether any other developments have come in
that utilize this density; what impact will the repeal have on the Yacht Club Drive project; whether the repeal will
have impact on required parking; whether there is a better solution than repealing the Code; and the Planning
Commission’s desire for further information and discussion on Council’s intent.
Motion: Mr. Solodar moved to recommend the Code Amendment to Village Council. Mr. Hogarth seconded the
motion, which passed 3-3, with Mr. Haigh, Mr. Hicks and Dr. Kennedy voting nay.
2. Single Family Home Regulations
Village initiated zoning text amendment, as recommended by the residential ad -hoc committee,
amending Chapters 21 and 45 regulating single family home development.
Mr. Hubsch introduced the Chairman of the Ad Hoc Committee, Dr. Bill Whiteford, who explained the process
of reaching the recommendations of the Committee. The Ad Hoc Committee held several public meetings to
study various issues and evaluate permanent code recommendations for the R-1 Zoning District. Staff and the Ad
Hoc Committee have agreed that there are code changes to evaluate in the ZIP and that more time is needed to
evaluate permanent changes to the second-story massing issue. Staff and the Ad Hoc Committee are
recommending to adopt code changes related to minimum landscaped area, building height, and stormwater
management and to extend the ZIP an additional six months to further evaluate the second -story massing issue.
While the second-story massing issue is evaluated, additional code changes will be considered based on feedback
that was been brought up by residents, Committee members, and staff at the Ad Hoc Committee meetings.
Mr. Hubsch presented the staff report and recommendation. Staff shared preliminary observations about housing
trends in the Village with the Council in May 2021, and discussed possible methods to address Council’s policy
direction. Specifically, staff recommended establishing a “Zoning in Progress” (“ZIP") for the R-1 Zoning District
that would continue to allow redevelopment of residential properties within certain parameters until amendments
to the Code could be adopted. Staff also recommended the creation of an Ad-Hoc Committee of residents to
evaluate permanent code changes during the ZIP. The ZIP was approved by Council for a period of six months,
with potential for a further six-month extension. The ZIP allowed development to continue within the R-1
District, with three restrictions:
All new one-story homes are to have a thirty-five percent (35%) minimum landscaped area, all new two-
story homes were to have a forty (40%) minimum landscaped area, and are to provide a landscaped area
of fifty (50%) in the required front setback. Homes on collector roads (i.e., Lighthouse Drive and
Prosperity Farms Road) have to provide a forty (40%) minimum landscaped area within the front setback
and properties with irregular shaped lots (cul-de-sacs) have to provide a twenty-five (25%) minimum
landscaped area within the front setback.
All homes are limited to thirty feet (30’) in height for flat roofs and thirty-five (35’) for all other roof
types, including gable, hip, gambrel, and shed roofs.
The floor area of the second story of a single-family home is limited to seventy-five percent (75%) of the
floor area of the first story.
Minutes of Village Planning Commission Regular Meeting held on April 5, 2022
7
Members of the Planning discussed the proposed revisions to the Village Code, with a minor revision to the
drainage code, and thought the draft changes were reasonable and agreed that there are many other code changes
to evaluate while the second-story massing issue is further evaluated.
The Chairman asked for comments from the public.
Rita Budnyk, 8047 Shore Dr., spoke in favor of the recommendations of the Ad-Hoc Committee.
Seeing there were no further comments, the Chairman closed the public comments.
Motion: Mr. Solodar moved to recommend to the Village Council the recommendations of the Ad-Hoc Committee
with the condition, under Sec. 45-2 Definitions – Landscaped Area, to remove the wording or grass from paved
parking lot. Dr. Kennedy seconded the motion, which passed 6-0.
V. ADMINISTRATION MATTERS
A. Staff Updates:
A joint meeting with the Town of Lake Park is being planned to discuss a proposed apartment
complex development planned at the old Twin City Mall site, behind Publix on Northlake Blvd.
An email will be sent to the Board with a final date and time.
B. Commission Member Comments:
1. Future Meeting Date Conflicts
The October Planning Commission meeting is scheduled to fall on Yom Kippur. The Board voted
to move the meeting to the following Tuesday, October 11, 2022.
The Zoom information was missing from the agenda.
VI. ADJOURNMENT
With there being no further business to come before the Board, the meeting adjourned at 9:23 PM.
Minutes typed by Jane Lerner
VILLAGE OF NORTH PALM BEACH
GENERAL EMPLOYEES RETIREMENT SYSTEM
MINUTES: MAY 1, 2022
1. Jim Peterson called an electronic meeting of the Board to order at 9:05 AM and called roll. Those persons present
included:
TRUSTEES
James Peterson, Chairman
Paul Wieseneck, Trustee-
attended virtually
Alan Kral, Trustee
Myrna Williams, Secretary
Jane Lerner, Trustee – attend
virtual
OTHERS
Amanda Kish, Administrator (Resource Centers)
Blake Myton, Investment Consultant (Sterling)
Bonni Jensen, Attorney (Klausner Kaufman Jensen & Levinson)
Dina Lerner (GRS)
2. REPORTS
Attorney: Klausner Kaufman Jensen & Levinson (Bonni Jensen)
Mrs. Jensen informed the Board that the form 1 will need to be submitted to the supervisor of elections.
Mrs. Jensen provide an update on the increased mileage rate.
Mrs. Jensen reported on the required minimum distribution guidelines. The IRS has increased the required minimum
distribution age to 72. Mrs. Jensen continued to review the memo stating that the IRS provided some further
clarification for spouses and children.
Mrs. Jensen reported on Ives Chavez benefit. The original beneficiary listed was Rosa Chavez . Mr. and Mrs. Chavez
divorced prior to him receiving a benefit. In state of Florida there is a statue that voids a beneficiary if they are
divorced prior to payment status. Mrs. Jensen informed the Board that Mrs. Chavez was reinstated as the
beneficiary after the divorce, therefore is not entitled to a benefit. The Board held a discussion.
• Alan Kral made a motion to deny Rosa Chavez beneficiary benefit. The motion received a second from Myrna
Williams, approved by the Trustees 5-0.
Mrs. Jensen presented the special tax notice to the Board. She briefly reviewed the form.
Mrs. Jensen requested the Village to add the pension Board to the Cyber insurance. She stated
that the village suggested the plan look for their own Cyber insurance. Mrs. Kish stated that
Resource Center has cyber liability coverage as do most of the service providers hired by the
Board. She stated that if the Board wanted, she could provide a brief overview of the cyber liability
insurance at the next meeting.
APPROVAL OF MINUTES
The Trustees reviewed the Minutes for February 1, 2021. The date of minutes at the header is incorrect.
• Trustee Myrna Williams moved to approve the amended Minutes February 1, 2022, Trustee Alan Kral seconded
the motion and the motion passed unanimously.
Actuary: GRS (Dina Lerner)
Mrs. Lerner presented the 2021 Actuarial Valuation to the Board. She reviewed the city required contribution for this
fiscal year 2023. Mrs. Lerner reviewed the actuarial assumption methods the and the changes that was recently made
the change resulted in an increase of 8.39%. The plan had a net actuarial gain which was primarily due to the
investment return. The investment return for the plan was 9.9% exceeding the plan of return 6.75%. The funding ratio
increased from 98.6%. to 100%. Mrs. Lerner reviewed the investment return of the plan. The Board held a brief
discussion regarding the valuation. The recommendation was to lower the investment return from 6.75% versus
6.25%. Mrs. Lerner continued to review the report.
• Trustee James Peterson moved approved the Valuation. Trustee Alan Kral seconded the motion and the motion
passed unanimously 5-0.
• Alan Kral made a motion to approve the investment return assumption for next year, next several years and
the long term after. The motion received a second from Myrna Williams approved by the Trustees 5-0.
Investment Consultant: Sterling(Blake Myton)
Mr. Myton addressed the board on the performance of the plan for the March 31st. He stated that the 2nd
quarter had great returns He continued to review the market environment and global returns.
Returns on total portfolio was -6.56 % compared to the benchmark of -5.55% The fiscal year return was -2.26%
compared to the benchmark of -1.59%. Total equity was -7.65% versus -5.36%. While fixed income and short term
were -6.08% and -5.93% respectively. The Russell 3000 reflected 0.00% and the Bloomberg-Barclays Aggregate
Bond was 0.01% The portfolio market value as of March 31, 2022, was $19,735,88.00 This is reflective of a net loss
of $ 1,570,941.57 due to a market rebound. Mr. Myton continued to review the portfolio and changes made.
• Alan Kral made a motion to approve the quarterly investment report. The motion received a second from
Myrna Williams, approved by the Trustees 5-0.
Administrator Report: Resource Centers (Amanda Kish)
Mr. Baur informed the Board that the COLA increases were paid out with the members September checks rather than
the October checks. The Board held a discussion. The error will be corrected by paying next year COLAs in November.
The Board requested sending a letter to all the retirees.
• Trustee Jim Peterson, moved to approve the COLA correction, and Trustee Alan Kral seconded the motion
and the motion passed 5-0.
Mr. Baur presented the summary plan provisions to the Board. He explained that the summary plan provision will be
imputed to the system to calculation benefits. Mr. Baur continued to review the summary provision s with the Board.
Mr. Baur informed the Board of the FPPTA conference coming up.
Mr. Baur presented the cyber liability insurance quote. He briefly reviewed the quote.
• Trustee Jim Peterson, moved to approve Cyber Liability Insurance , and Trustee Myrna Williams seconded
the motion and the motion passed 5-0.
3. PLAN FINANCIALS
The Board reviewed the Warrant dated May 3, 2022.
• Trustee Paul Wieseneck moved to approve warrant dated May 3, 2022, and Trustee Alan Kral seconded the
motion and the motion passed.
4. OTHER BUSINESS
The Board moved to the meeting to August 3rd at 2:00 PM
5. PUBLIC COMMENTS
No members of the public had any comment
6. ADJOURNMENT
There being no further business and the Board having previously scheduled the next regular meeting for Tuesday,
August 3, 2022 @ 2:00 PM, Paul Wieseneck made a motion to adjourn the meeting at 9:57 AM. The motion received
a second from Alan Kral, approved by the Trustees 5-0.
Respectfully submitted,
Myrna Williams, Secretary
Village of North Palm Beach Police and Fire Pension Fund
MINUTES OF MEETING HELD
May 10, 2022
1
Edwar
Chairman Robert DiGloria called the meeting to order at 2:00 PM in the Council Chambers of the
North Palm Beach Village Hall located at 501 US Highway One, North Palm Beach, FL. Those
persons present were:
TRUSTEES PRESENT Robert DiGloria, Chairman
Erik Jensen
Robert Coliskey
Frank Winewski- Left at 2:30 PM
Edward Ciezak- Attend Electronically
TRUSTEES ABSENT
OTHERS PRESENT Scott Baur, Resource Centers
Bonni Jensen, Klausner Kaufman Jensen & Levine
Steve Stack, Highland Capital
Kerry Richardville, AndCo
Chuck Landers, Saltmarsh
Sara Carlson, Foster & Foster
ITEMS FROM THE PUBLIC
There were no public comments.
Edward Ciezak attended the meeting virtually.
Robert Coliskey made a motion to approve Edward Ciezak electronic attendance. The
motion n received a second from Frank Winewski was approved by the Trustees 5-0.
MINUTES
The minutes from the February 2022 had been presented for the Trustees review and approval.
Robert Coliskey made a motion to approve the minutes dated February 2022. The motion
received a second from Frank Winewski and was approved by the Trustees 4-0.
DISBURSEMENTS
Mrs. Kish reviewed the disbursements which had been presented in the Trustees Packets.
Frank Winewski made a motion to approve all disbursements. The motion received a second
from Robert Coliskey was approved by the Trustees 4-0.
2021 Actuarial Valuation Report (Foster & Foster)
Sara Carlson appeared before the Board to present the October 1, 2021, Actuarial Valuation
Report. Mrs. Carlson reviewed the recent benefit changes that were included in the valuation. The
employer contribution increased 1.35%. The Village has a prepaid contribution in the amount of
$4,932.61 that will offset their contribution. The plan experience was unfavorable the loss was due
to a salary increase assumption of 7.18%. The loss was partially offset by an actuarial gain of
8.59% exceeding the 7.70%. The funding ratio with new assumption method is 93.3%. versus
95.0%. Mrs. Carlson reviewed the asset smoothing used for the plan. She continued to review the
report.
Village of North Palm Beach Police and Fire Pension Fund
MINUTES OF MEETING HELD
May 10, 2022
2
Robert Coliskey made a motion to approve the October 1, 2021 Actuarial Valuation Report as
presented. The motion received a second from Edward Ciezak and was approved by the
Trustees 4-0.
2021 AUDITED FINANCIAL REPORT
Mr. Landers appeared before the Board to present the audited financial report for the plan year
ending September 30, 2021.He thanked all the service providers for their help. Mr. Landers
explained they are providing an unqualified opinion, which is the highest opinion they can register
for the report. He reviewed the signification gains in the report. The total assets for the plan were
$34,481,580.00. He reviewed the investment notes of the audit. The plan is now 101% funded. He
continued to review the report. The auditors presented the auditor representation letter. He
explained that the letter confirms that the information that was provided is accurate and reliable.
Robert Coliskey made a motion to accept the financial stat ements ending September 30,
2021. The motion received a second from Robert DiGloria and was approved by the Trustees
3-0.
HIGHLAND CAPITAL
Steve Stack of Highland Capital appeared before the Board to present the Quarterly Manger Report
for the quarter ending March 31, 2022. He reported on the current market environment Growth out
continued to outperformed value. He reviewed the total return summary stating the cumulative
return for the quarter was -4.97% compared to the benchmark -1.06%. The asset allocation was $
$18,857,599.00 for the quarter ending March 31, 2022. The fiscal return was 8.35% % Mr. Stack
did not recommend any changes to the portfolio and thinks that it is positioned nicely. Mr. Stack
continued to review the report and an economic overview.
ANDCO
Mrs. Richardville appeared before the Board to present the Investment Report for the quarter
ending March 31, 2022. The gains from the market were from utility, energy, and material sectors.
Mrs. Richardville continued to review the market environment. The asset allocation increased from
$34,582,413 to $36,157,028.00. Mrs. Richardville went on to review the quarterly report in detail
explaining it was a negative return for the quarter which was -4.31 % placing in the 50th percentile.
The fiscal year date return was 1.02% compared to the benchmark of 1.77 %. She further reported
equities were down -6.03 % below the policy of -4.69%, total fixed income was down at -4.62 %
versus the bench of -5.93 %. Real Estate was up for the quarter at 8.46% versus the benchmark of
7.97%. Mrs. Richardville continued to review the individual manager performances. She did not
recommend any changes currently.
ATTORNEY REPORT
Form 1:
Mrs. Jensen informed the Board that the Form 1 needs to be submitted by July 1st
to the supervisor of election in the City or Town you reside in.
IRS Mileage Rate:
Mrs. Jensen presented the IRS mileage rate. The rate increased 2.5 cents from last year. The
mileage rate will be 58.5 cents.
Required Minimum Distributions (RMD) Proposed Regulations &
Cryptocurrencies Guidance:
Village of North Palm Beach Police and Fire Pension Fund
MINUTES OF MEETING HELD
May 10, 2022
3
Mrs. Jensen presented required minimum distribution. The proposed regulations increase the
required minimum distributions age from 70 ½ to 72. Mrs. Jensen reviewed the Cryptocurrencies
IRS guidelines in detail.
Generic Signature Authorization Memo:
Mrs. Jensen Presented the Signature Authorized M emo. She stated that the generic form can be
provided to new managers the plan hires. The form will help with transition of the new managers.
ADMINSTRATORS REPORT
Fiduciary Liability Insurance:
Mr. Baur presented the Fiduciary Liability Insurance. He briefly reviewed the quote.
Robert Coliskey made a motion to approve the Fiduciary Liability. The motion received a
second from Robert DiGloria and was approved by the Trustees 3-0.
Death Search Process:
Mr. Baur presented the death search memo. The memo outlines the PBI death search and the
change in the company. Recently the company I estimates that the Death Master File only verifies
23% of all member deaths, while the CertiDeath service provided by PBI identifies 95% of all
member deaths. Since we make benefit payments for your plan, we will automatically include you in
the CertiDeath monitoring service of our payment database.
Administrative Budget:
Mrs. Kish presented the Budget for fiscal year 2022-23. She stated that each category has
increased by 25%. Mrs. Kish stated that the approved budget will be sent to the Village and posted
on the Plan’s website.
Robert Coliskey made a motion to approve the Administrative Budget The motion received a
second from Robert DiGloria and was approved by the Trustees 3-0.
Robert Di Gloria made a motion to adjourn the meeting at 3:34 PM. The motion received a
second from Robert Coliskey and was approved by the Trustees 3-0.
Respectfully submitted,
Robert Coliskey
VILLAGE OF NORTH PALM BEACH
PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY JUNE 7, 2022
Present: Cory Cross, Chairman
Donald Solodar, Vice Chair
Jonathan Haigh, Member
Nathan Kennedy, Member
Kathryn DeWitt, Member
Len Rubin, Village Attorney
Alex Ahrenholz, Principal Planner
Not Present: Thomas Hogarth, Member
Scott Hicks, Member
I. CALL TO ORDER
Chair man Cross called the meeting to order at 6:30 PM.
A. ROLL CALL
All members of the Planning Commission were present except Mr. Hogarth and Mr. Hicks.
II. APPROVAL OF MINUTES
The Minutes of the April 5, 2022 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. Presentation by the Town of Lake Park for amendment to the C3 land development regulations
Lake Park Town Manager, John D’Agostino, thanked the Village and the Planning Commission for their
continued cooperation and support of joint projects between the municipalities. He introduced Nadia Di
Tommaso, Lake Park Community Development Director, who briefly presented an update on the amendment to
the C3 land development regulations and the proposed development project currently under review.
Members of the Planning Commission asked whether the increase demand in police and fire services have been
addressed; and whether the land development regulations have been adopted.
Minutes of Village Planning Commission Regular Meeting held on June 7 , 2022
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The Chairman asked for questions from the public.
Deborah Cross, 2560 Pepperwood Circle South, North Palm Beach, asked how storm water drainage will be
handled, the green area will be addressed and whether the increase demand for services and the traffic impact on
Northlake and U.S. 1 have been addressed.
Chris Ryder, 118 Dory Rd. South, North Palm Beach, asked whether the project is expected be in compliance
with the Village Comprehensive Plan.
Seeing there were no further questions, the Chairman closed the public comments.
B. SITE PLAN AND APPEARANCE REVIEW
1. Riveredge Condominium - Paint Colors
Application by the Riveredge Condominium Association for amendment to the building paint
colors.
Mr. Ahrenholz presented the staff report and recommendations. The subject property is a condominium complex
is located on Southwind Dr. The new building colors are neutral shades including PPG0998-1 Cotton Tail for
exterior walls, PPG1021-4 Diversion for the decking, railings and landing and PPG1025-2 Silent Smoke for the
siding and trim. Picture attachment to this staff report includes the building in its existing state and computer
generated pictures of the proposed color scheme. Staff recommends approval with no conditions.
The Planning Commissions members had no discussion on the project application.
Motion: Mr. Solodar moved to approve the application as submitted. Ms. DeWitt seconded the motion, which
passed 5-0.
2. Bioreset Signage
Application by Kemp Signs, on behalf of 630 US One LLC for the installation of a new building
wall sign.
Mr. Ahrenholz presented the staff report and recommendations. Bioreset is locating in the old Unity Building.
The new tenant, whose business’s full legal name “BioReset South Florida, PA,” is requesting approval for a wall
sign of individual letters attached on a custom raceway painted to match (Sign Band-Light Beige). The new wall
sign will display the business name “BioReset” which will be centrally located just below the roofline of the front
facade. The sign will be composed of 36 in. Royal Blue channel letters consisting of white Plexi with perforated
vinyl to reflect white light at night.
Staff recommends approval with no conditions.
Michael Grandinetti, Director of Sales, Kemp Signs, 1740 Hill Avenue, West Palm Beach, was present to
represent the project.
Minutes of Village Planning Commission Regular Meeting held on June 7 , 2022
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The Planning Commissions members discussed whether the sign that is there now reset; whether the sign letters
will sit outside of the columns, and would like to make a condition of approval that the sign be within the columns
of the building facade.
There were no questions from the public.
Motion: Mr. Haigh moved to approve the application with the condition that the sign be within the columns of
the building facade. Mr. Solodar seconded the motion, which passed 5-0.
3. Good Life Treatment Center signage
Application submitted by Signarama NPB, on behalf of Globe Property Offices, LLC for re-
facing of an existing monument sign.
Mr. Ahrenholz presented the staff report and recommendations. The subject property is an office complex
consisting of three separate two-story buildings. The existing monument sign is located at the SE corner of the
parcel and is currently utilized as an “Offices For Lease” sign. The tenant, whose business’s full legal name “The
Good Life Treatment Center” is requesting approval for a sign face change-out on the existing monument sign
with new navy blue vinyl lettering comprising the business name and graphic symbol on a white background for
the north and south faces of the sign.
Staff recommends approval with the following conditions:
1. Shrubs shall be maintained at a minimum height of thirty (30) inches around the base of the monument sign.
There was no one present to represent the project.
There were no questions from the public.
The Planning Commissions members discussed whether the existing sign is vinyl; whether there are address
numbers on the sign; whether the logo is the official business logo; and whether there are rust stains existing on
the sign.
Motion: Ms. DeWitt moved to approve the application as submitted with Staff’s recommendations. Dr. Kennedy
seconded the motion, which passed 5-0.
4. North Palm Car Wash Signage
Application by Izquierdos, LLC for installation of a new sign at the existing carwash.
Mr. Ahrenholz presented the staff report and recommendations. The carwash building was approved with the
rest of the structure in 1997 as an automatic carwash associated with the Citgo gas station. The ownership and
name changed to Rocket Fuel in 2017. The automatic components of the carwash were removed at some point
during this transition and the building has remained.
The proposal by the property owner is to provide a hand car wash service within the vacant building under the
name “North Palm Car Wash”. The car wash, as a use accessory to the gas station, does not change the previously
approved site plan when it shifts from automatic to hand wash. As such, a Business Tax Receipt (BTR) has been
Minutes of Village Planning Commission Regular Meeting held on June 7 , 2022
4
approved for its operation. The owner painted “car wash” as signage on the building but this is listed under the
prohibited signs in Section 6-113. After code enforcement action, the owner has submitted a design for a
permanent sign and the painting has been removed.
Staff recommends approval with no conditions.
There were no questions from the public.
The Planning Commissions members discussed whether the hand wash operation, will there be other components
associated with hand washing, such as awnings, be added.
Motion: Ms. DeWitt moved to approve the application with the condition that any additional structures be brought
back for site plan approval. Mr. Haigh seconded the motion, which passed 5-0.
5. 600 US Highway 1 Site Improvements
Application by Wayne Richards on behalf of JS 600 US One, LLC for amendment to the
building façade, signage, landscaping, and site plan with one waiver.
Mr. Ahrenholz presented the staff report and recommendations. An application has been submitted to keep the
existing use, with minor site improvements including façade updates, new signage, closing in the drive through
and creating a rooftop amenity deck. The overall site configuration, parking spaces, and office square footage is
not being amended. The proposed site plan encloses the drive through to provide two enclosed parking spaces
for the owner in a garage bay. There are two driveways accessing the building for some show display vehicles to
be placed in the center of the office spaces. Overall, parking will no t be affected as the square footage of the use
and total number of spaces is unchanged. The signage is proposed to be similar to what BBT utilized. A main,
122 square foot, sign is proposed along US Highway 1, which is seven (7) percent of the façade area. A twenty-
nine (29) square foot sign is proposed along Ebbtide Drive, which is less than 50% of the main sign. Both signs
are requested to be in the same location as the BBT signs, but those signs were not meeting the code requirement
of maximum height.
Staff recommends the following conditions:
1. No amplified music shall be permitted on the rooftop terrace.
2. Additional shade tree or cluster of accent trees shall be provided at the eastern end of the three parking spaces
along the sout hern façade of the building to meet the required planting for a terminal island.
3. Smaller shade trees or shorter palms shall replace the two royals at the western façade currently blocking the
building signage.
The Chairman asked for questions from the public.
Deborah Cross, 2560 Pepperwood Circle South, North Palm Beach, asked expressed concern about the proposed
roof top terrace, the metal proposed around the tower element, and whether the business can meet the parking
requirements should the ancillary property behind the building to the north be sold.
Chris Ryder, 118 Dory Rd. South, North Palm Beach, asked what the purpose of the roof top terrace is under
CMA District designations.
Minutes of Village Planning Commission Regular Meeting held on June 7 , 2022
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Seeing there were no further questions, the Chairman closed the public comments.
Wayne Richards, 721 US 1, Suite 214, North Palm Beach, was present to represent the project. He addressed the
concerns of the public comments.
Brent Wood, Architect, 20 S.E. Ocean Blvd., Stuart, was present to represent the project.
The Planning Commissions members discussed whether a unity of title should be required for the two properties;
whether the pre-existing lighting on the property will be replaced; whether the Royal Palms across the front of
the property will be replaced; whether the applicant supports the conditions that staff has recommended; what
was the roof top garden envisioned to be used for; what the height of the roof edges are; whether guard rails
should be installed; whether lighting is proposed for the roof top; whether plantings should be required around
the enclosed drive-thru area; and whether the fire department can maneuver around the building.
The Planning Commission recommends that the applicant address the following issues: Unity of title, lighting
issues addressed, guardrail on the second floor, landscaping added to back area as applicable, recommendation
the curve on the south have driveway access, handicapped parking, monument sign issues addressed, details on
screen, and guardrails added on roof top.
Motion: Mr. Solodar moved to table the application to a future meeting. Dr. Kennedy seconded the motion, which
passed 5-0.
6. Pelican Carwash
App lication by PGA Wash LLC for site improvements to the existing carwash.
Mr. Ahrenholz presented the staff report and recommendations. Pelican Carwash has operated at this location
since 1977. Little has changed with the site plan layout since the original approvals to include fuel service and
additional retail to the site. The property has changed hands a few times over the decades until the most recent
purchase in 2021 by the current property owner. Numerous projects were completed on site without a permit
including, but not limited to, replacing the awnings, repainting the building, replacing the signage, replacing the
pay stations and removing a fuel pump. There was also an unfortunate incident of a driver crashing into the fuel
canopy, resulting in it s demolition for safety. After code enforcement action was taken against the property owner,
the Village Special Magistrate set a strict schedule to receive planning commission approval in June 2022 and
building permits in July 2022 before being issued daily fines. The property owner has complied with the special
magistrate requirements thus far and is on schedule. The numerous changes to the site plan, awnings, fuel pumps,
pay stations, signage, paint colors, the green wall and proposed vacuums are detailed in the staff report for
consideration by the planning commission.
Staff proposes the following conditions for aapproval:
1. The largest orange awning shall be replaced with smaller awning of similar size as before to not increase the
nonconformity.
2. The blue awning in the front the building shall be removed.
3. A hedge shall be installed behind the vacuums at a minimum of three (3) feet high to screen from the right -
of-way.
4. Paint colors shall be changed to something cohesive with the rest of the site.
Minutes of Village Planning Commission Regular Meeting held on June 7 , 2022
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The Chairman asked for questions from the public.
Deborah Cross, 2560 Pepperwood Circle South, North Palm Beach, asked expressed concern about the colors
needing to be more cohesive, drainage from the carwash affecting the waterways and the environment, and
whether the canopies are hurricane safe.
Seeing there were no further questions, the Chairman closed the public comments.
Laura Serrano, General Manager, Pelican Carwash, 11370 US 1, North Palm Beach was present to represent the
project. She addressed the concerns expressed and answered the Planning Commission questions.
The Planning Commissions members discussed whether the orange canopy on the north side has been changed –
larger than the previous one; what the signage colors will be once changes are made; whether the awnings will be
replaced with blue; how will landscape plantings be addressed; whether there will continue to be the option for
full service and paying the inside cashier; what the pole sca nners are for; whether there is additional signage being
added to the poles; whether the parking spaces displaced by the vacuums be relocated elsewhere; whether the fire
department has reviewed the site; whether striping or curbing should be added to the lanes; whether a stop work
order was issued by the Special Magistrate; whether the vacuums will be self-service; how is the building
department going to inspect work that has already been done; and recommends that the application be table to
allow the applicant to address the following issues: Canopies to be blue in color, arched canopy pole over pay
stations to be blue, submit a striping plan, vacuum landscape, and directional signage.
Motion: Mr. Solodar moved to table the application to a future meeting. Ms. DeWitt seconded the motion, which
passed 5-0.
V. ADMINISTRATION MATTERS
A. Staff Updates:
July 5th meeting date change poll – Planning Commission agreed to keep the meeting on July
5th.
Director Jeremy Hubsch resigned in May, and the Village Manager will be leaving at the end
of July, and Chuck Huff will be the Interim Village Manager.
B. Commission Member Comments:
Update on the Sign Code
Update on the 200 Yacht Club Dr. project
Update of the lane reduction plan for US 1
VI. ADJOURNMENT
With there being no further business to come before the Board, the meeting adjourned at 8:32 PM.
Minutes typed by Jane Lerner
VILLAGE OF NORTH PALM BEACH
PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY JULY 5, 2022
Present: Cory Cross, Chairman
Donald Solodar, Vice Chair
Jonathan Haigh, Member
Kathryn DeWitt, Member
Nathan Kennedy, Member
Scott Hicks, Member
Thomas Hogarth, Member
Len Rubin, Village Attorney
Alex Ahrenholz, Principal Planner
Council Member: Deborah Searcy, Mayor
I. CALL TO ORDER
Chairman Mr. Cross called the meeting to order at 6:34 PM.
A. ROLL CALL
All members of the Planning Commission were present. Mr. Haigh arrived at 6:35 PM.
II. DECLARATION OF EX PARTE COMMUNICATIONS
There were no Ex Parte Communications declared by the Board.
III. QUASI JUDICIAL MATTERS / PUBLIC HEARING
Attorney Len Rubin swears in all persons speaking.
A. SITE PLAN AND APPEARANCE REVIEW
1. 600 US Highway 1
Site improvements and appearance review. Application by Wayne Richards on behalf of JSJ 600
US Highway 1 LLC amendment to building façade, signage, landscaping and site plan one
waiver.
Mr. Ahrenholz presented the Staff report and recommendation and recapped with pictures from previous
presentation. Nothing changed regarding the waiver for sign height, has the detailed list of everything requested
in a previous meeting. First site plan issues that were handicap spaces, some curbing, reference to one of the signs,
landscaping issues on east side switching out royal palms adding shade tree needed more details. On landscape
plan they added area to corner of Ebbtide and US Hwy 1 as requested , now meets 40% and tree meeting the one
tree requirement. Picture of proposed pergola and railing needs to be raised to 6” minimum for building code.
Add screening adjacent to neighbor on east side and with that reduced some previous condition of approval.
Minutes of Village Planning Commission Regular Meeting held on July 5, 2022
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Motion: Remove item from table. This was an item that was tabled from last meeting. Mr. Solodar and Thomas
Hogarth seconded the motion. Removed from table. Landscaping has plants that are on the invasive species list
and need to be removed and replaced with something else.
Deborah Cross, 2560 Pepperwood Circle S. Building still looks industrial with grading. Would like no amplified
sound coming from building not just music, needs to be clarified. Landscaping plants that are on invasive list
need to be removed and replace with something else. Tibouchina Granulosa grows rampant and needs lots of
maintenance and should use a dwarf variety.
Neil DeJesus, 1293 North University Drive, Sr. Rep. JSJ Auto Group. Assured no public speaker or microphone
was discussed in previous meeting, he is willing to add language. No invasive plants on site and will meet
necessary replacements.
The Planning Commissions members discussed the use of the property to be Corporate headquarters and all
sounds will be indoor, no outside activities. Sign needs to be waiver 18’ to 22’ on wall; no monument sign.
Lighting will remain the same, no rooftop lighting. Change language to include no sound or music.
Motion: Mr. Solodar moved to approve application with the change to no sound or music language. Ms. DeWitt
seconded the motion, which passed 6-0
2. SIGNARAMA, 202 US Highway 1
Application by Signarama NPB for Master Sign Program.
Mr. Ahrenholz presented the Staff report and recommendation from previous meeting in February for change of
color on existing building to blue with a silver roof, former vacuum store. Monument sign with 3 bays on sign
need to update address to 202 one tenant sign with plaza name. No planting on backside of property suggested
to put some shrubs on sides. This is non-conforming, keep in same configuration did not discuss color or font.
Grandfather everything in as is. Keep sign same configuration with vinyl stickers. One condition for approval
that address change from 202-206 just on monument sign.
No one from public was in attendance.
A representative Lisa Marter, owner of Signarama NPB was there to discuss signage. Only 2 tenants will be
using sign cabinet, one using all blues and the other sign still in design and stay in the blues coloring.
The planning commission members discussed changing face of sign to be consistent in color palate of blues.
Figure out some way to put plants around the base of monument and pick a style of lettering. Suggested that a
sign plan be submitted and return at a later date for approval.
Motion: Mr. Haigh motion to table for future meeting. Dr. Kennedy seconded the motion. Item was tabled.
3. SITE IMPROVEMENT PLAN
120 US Highway 1
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Site improvement application by Pure Nene LLC for site and façade improvements to existing retail building.
Mr. Ahrenholz presented the Staff report and recommendation. Pure Nene LLC purchased an existing retail with
4 tenant bays same configuration. Parking lot striping with no landscaping. Removing six front parking spaces
to add decorative pavers and landscaping including the one tree requirement. Monument sign and façade updates.
Sign will have lettering cut out indented on steel white plate with black background with landscaping. Simple
sleek modern design mostly white and adding front hangover on building.
No one from public had comment.
Len swore in applicant over zoom.
Ms. Lucchesi was present via Zoom to represent the project. She was in agreement to change application with
suggested parking and landscape designs.
The Planning Commissions members discussed several options to add landscaping and remove several parking
spaces to allow more green space. They would like to see hedges around the monument sign and rear of building.
Motion: Mr. Hogarth moved to table item. Mr. Haigh seconded the motion to table. Unanimously agree to table.
4. 531 US Highway 1
Addition application by 531 NPB Group LLC for extension to existing retail store.
Mr. Ahrenholz presented the Staff report and recommendation. Retail business needs additional storage for tile
and glass. The addition is not visible from the front Road. Proposed site plan adding landscaping. Deficiencies
in ceiling heights, need 4 islands of landscaping only have 2 and buffer 5’ wide. Over parked difficult for Fire
department to get through and big issue with access door being blocked by parking spaces that need to be
moved. Not meeting new intent of CMU code in 2020, all existing buildings should be non-conforming. They
are not in compliance. Alex thinks it should be denied.
No one is present to represent the applicant.
Deborah Cross, 2560 Pepperwood Circle S. In agreement with denial. Need to comply with code.
The Planning Commissions members discussed several items that need to be addressed like the dumpster is not
shown and needs a dumpster enclosure. More exterior lighting is needed as well as landscaping. Would like to
see applicant present, moved to deny, doesn’t meet code.
Motion: Mr. Solodar moved to deny. Ms. DeWitt seconded the motion to deny. Motion to deny passed 6-0.
V. ADMINISTRATION MATTERS
Minutes of Village Planning Commission Regular Meeting held on July 5, 2022
4
A. Staff Updates:
Mixer for Community Development Director for both candidates went well. Position was offered
to Chaz from Georgia and he declined. Position will be reposted as well as Planner position.
July 14th council discussion on Twin City Mall will take place also including US 1 repurposing.
Pelican Car Wash decided on other façade changes and landscaping plans.
B. Commission Member Comments:
Zoom meeting are no longer available. Members do not think it’s a good idea.
VI. ADJOURNMENT
With there being no further business to come before the Board, the meeting adjourned at 7:27 PM.
Minutes typed by Denise Werner
VILLAGE OF NORTH PALM BEACH
PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY AUGUST 2, 2022
Present: Cory Cross, Chairman
Donald Solodar, Vice Chair
Jonathan Haigh, Member
Scott Hicks, Member
Nathan Kennedy, Member
Kathryn DeWitt, Member
Len Rubin, Village Attorney
Alex Ahrenholz, Principal Planner
Not Present: Thomas Hogarth, Member
Council Member: Susan Bickel
I. CALL TO ORDER
Chairman Cross called the meeting to order at 6:30 PM.
A. ROLL CALL
All members of the Planning Commission were present except Mr. Hogarth. Ms. DeWitt arrived at 6:34 PM.
II. DECLARATION OF EX PARTE COMMUNICATIONS
There were no Ex Parte Communications declared by the Board.
III. QUASI JUDICIAL MATTERS / PUBLIC HEARING
Attorney Len Rubin swears in all persons speaking.
A. SITE PLAN AND APPEARANCE REVIEW
1. 202 US Highway 1
Application by Signarama NPB for the creation of a master sign program. Tabled July 5,
2022
Motion: Mr. Solodar moved to remove the application from the table. Mr. Hicks seconded the motion, which
passed 6-0.
This application was presented at the July 5th Planning Commission meeting for approval of a master sign
program. The commission had a few issues with the request and ultimately decided to table the item. Those issues
included:
1. The ground sign, as currently constructed, does not meet the landscaping requirements of the code.
Minutes of Village Planning Commission Regular Meeting held on August 2, 2022
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2. The building signs were not specified to be any uniform look in font or color
3. The building signs are roof mounted and staff needs to confirm if prohibited
4. No detailed rendering or specification was provided with the sign plan.
The applicant has since updated the master sign program to include a proposed color scheme of blues and whites
on a white background. The specifications of the signs have remained, but a detailed picture has been included
for future reference with the sign program. Fonts were not included in the sign program because the applica nt
believes there should remain some flexibility in design as long as the colors are consistent.
The signs are roof mounted, which is a prohibited sign per section 6-113, but are further defined in Section 6-111
to be “a sign placed above the roof line of a building or on or against a roof slope of less than forty-five (45)
degrees”. As the slope of the roof is greater than 45 degrees, the signs shall be permitted in their current location.
The ground sign is placed in front of a parking space that has been confirmed to be sixteen (16) feet in length,
with approximately two (2) feet of space between the wheel stop and the base of the sign. This space is required
for the vehicle overhang and cannot be reduced to provide landscaping. The back of the parking space is in line
with the rest of the row and cannot be shifted further in to the drive aisle without affecting access for the entire
site. The rear of the sign is located on the property line, which is permitted since there is no side setback for
commercial properties. A shrub could be added on the east and west sides of the sign, but this thin strip of
landscaping does not have irrigation, so the survivability of the shrubs is unlikely.
Staff recommends one (1) condition of approval:
1. Ground sign dimension shall be updated to show the entire sign area.
The Planning Commissions members discussed the project application. Discussion included narrowing the color
selection to just a few choices; and whether the background color will remain white.
Henry Cromwell, owner of 202 US 1, was present to represent the project.
The Chairman asked for questions from the public.
Deborah Cross, 2560 Pepperwood Circle South, North Palm Beach, expressed concern that the colors need to be
specific so as not to get colors that clash or do not complement each other.
Lisa Mardar, Signarama, 802 Old Dixie Hwy., Suite 3, Lake Park, suggested that two colors with specific pantone
numbers be chosen which are acceptable to the landlord and can be chosen by the tenant.
Seeing there were no further questions, the Chairman closed the public comments.
Motion: Dr. Kennedy moved to approve the application with Staff’s condition and that specific pantone colors be
chosen. Mr. Solodar seconded the motion, which passed 6-0.
2. 120 US Highway 1 site improvements
Application by Pure Nene, LLC for site and façade improvements to the existing retail
building. Tabled July 5, 2022
Minutes of Village Planning Commission Regular Meeting held on August 2, 2022
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Motion: Mr. Solodar moved to remove the application from the table. Dr. Kennedy seconded the motion, which
passed 6-0.
Mr. Ahrenholz presented the staff report and recommendations. This application was presented at the July 5th
Planning Commission meeting for approval of the site and facade changes to the existing facility. The commission
had a few issues with the proposal and moved to table the application for the following items to be resolved:
1. The handicap spaces need to be amended to allow for proper access to the front door
2. Parking in the rear is too close to the ramp
3. Drive aisles are not meeting code minimum widths
4. Parking lot landscape islands are not provided at the western end of the parking spaces
5. Parking lot lighting not provided
Mr. Ahrenholz updated the Commission on the applicant’s changes to the foundation planting area, reduction of
the handicapped spaces with a single space including a five foot walkway at the front door, landscape islands will
be at the western end of the parking spaces and will be a minimum 15 feet long and eight feet wide. Ground
cover shrubs within the islands will be required as a condition of approval. The applicant has made no changes
to the building façade, but has indicated that there will be lights aimed at the building at night. The Public Works
Department has requested that dumpster enclosure in the rear remain as is, as it conforms to the other businesses
along the alley. Another condition of approval is a ramp to the rear door for deliveries. The building is only six
inches higher that the parking lot so the sides of the ramp can be sloped for a car to mount if necessary.
Staff proposes two conditions of approval:
1. Shrubs with mulch or a groundcover shall be provided at the base of the trees proposed on the western
edge of the parking lot.
2. The ramp at the rear of the building shall be angled on the north and south sides to be mountable if
necessary.
The Planning Commissions members discussed whether the addition of landscaping could be added to the rear of
the building; whether the handicapped access aisle needs to be striped; whether any signage will be added to direct
which is the entrance/exit; whether lighting will be addressed in the code; and whether the gravel can be replaced
with ground cover.
Veridiana Lucchesi, Applicant, 9602 LaBelle Ct., Delray Beach, was present to represent the project.
The Chairman asked for questions from the public.
Deborah Cross, 2560 Pepperwood Circle South, North Palm Beach, expressed concerns for more green space and
less paving.
Seeing there were no further questions, the Chairman closed the public comments.
Minutes of Village Planning Commission Regular Meeting held on August 2, 2022
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Motion: Mr. Haigh moved to approve the application with Staffs two conditions of approval and that the
handicapped parking spaces be striped per Florida Building Code. Mr. Solodar seconded the motion, which
passed 6-0.
V. ADMINISTRATION MATTERS
A. Staff Updates:
Discussion on whether the Planning Commission should impose time limits for completing
approved projects, or making an expiration date for new projects to be completed. Consensus of
the discussion is that expiration dates should be put into an ordinance.
200 Yacht Club Dr. project has resubmitted their application. Will come before the Planning
Commission in September. Staff is requiring them to post notices. The Planning Commission
requested receiving the proposed changes in advance of the meeting.
B. Commission Member Comments:
Discussion on the level of site requirement differences between the two applications presented.
One was signage and paint colors and the other was a total façade makeover, landscape and
addition of a ramp in the rear of the building, but they were both held to the same standards.
Discussion of the Joint meeting with Lake Park and when the next meeting date is planned.
VI. ADJOURNMENT
With there being no further business to come before the Board, the meeting adjourned at 7:33 PM.
Minutes typed by Jane Lerner
VILLAGE OF NORTH PALM BEACH
PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 6, 2022
Present: Cory Cross, Chairman
Donald Solodar, Vice Chair
Thomas Hogarth, Member
Jonathan Haigh, Member
Kathryn DeWitt, Member
Scott Hicks, Member
Nathan Kennedy, Member
Len Rubin, Village Attorney
Alex Ahrenholz, Principal Planner, Acting Community Development Director
Council Member: Mark Mullinix
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. DECLARATION OF EX PARTE COMMUNICATIONS
The following Members declared Ex Parte Communications with the applicant of 200 Yacht Club Dr., Members
of the Village Council and Village residents regarding 200 Yacht Club Dr.
Cory Cross
Donald Solodar
Kate DeWitt
Scott Hicks
Nathan Kenned y
III. QUASI JUDICIAL MATTERS / PUBLIC HEARING
Attorney Len Rubin swears in all persons speaking.
A. APPROVAL OF THE MINUTES
The Minutes of the June 7, 2022 and July 5, 2022 Regular Meetings were approved as written.
Minutes of Village Planning Commission Regular Meeting held on September 6, 2022
2
B. SITE PLAN AND APPEARANCE REVIEW
1. 824 US Highway 1
Application by Lissette Rivera for amendment to building paint colors
Mr. Ahrenholz presented the staff report and recommendations. Work on this office building has been completed
without a permit. The walls were previously white with a pale yellow color painted on the banding that runs
around the perimeter of the building immediately above the ground floor/garage and at the roofline of the top
floor. The new building color is Sherwin-Williams Extra White (SW 7006) with banding painted in Benjamin
Moore Marina Gray (BM 1599). Staff recommends approval with no conditions.
Discussion by the Planning Commissions members included how a building this size could be painted without
enforcement from the Village.
Mr. Arhenholz explained that Code Officers did advise the property management that a permit and approval was
needed for their painting project and to stop working.
Motion: Ms. DeWitt moved to approve the application as submitted. Dr. Kennedy seconded the motion, which
passed 7-0.
2. Super 8 Motel
Application by S.B. Patel for the addition of a freestanding metal awning
Mr. Ahrenholz presented the staff report and recommendations. There is an existing freestanding metal roof over
the walkway immediately south of an entry to the motel lobby. It was installed a few years ago to protect
customers from weather conditions. The Motel is proposing to duplicate an aluminum metal roof, like for like in
material, color and dimensions, located over the walkway immediately north of motel lobby adjacent to an entry
door, also to protect customers from weather conditions.
Staff proposes one condition of approval:
1. The awning shall match the existing awning in color and material
The Planning Commissions members discussed how far out from the building does the awning go; whether the
awning runs from the lobby to the guest rooms; whether the existing awning was subject to the approval process
originally; whether the proposed awning will match the existing awning; whether the applicant is agreeable with
the condition of approval; whether the set back off of Anchorage Dr. is in compliance; and whether the awning
will be flush with the wall.
Motion: Mr. Hogarth moved to approve the application with Staff’s condition of approval. Mr. Hicks seconded
the motion, which passed 7-0.
3. 200 Yacht Club Drive
Application by Robbins NPB LLC, for a 181 unit multifamily development with 1,578
square feet of commercial space
Minutes of Village Planning Commission Regular Meeting held on September 6, 2022
3
Mr. Rubin explained the Quasi Judicial Order of Procedure and time limits for presentation of the application.
Ken Tuma, Urban Design Studio, 610 Clematis St. Unit CU-2, West Palm Beach, represented the applicant. He
introduced for the records the resumes of the potential experts and speakers that may speak; the Staff Report dated
12/7/2021; and the Minutes of the 12/7/2021 Meeting. He also requested to reserve time at the conclusion of the
Public Hearing to allow their attorney, Brian Seymour, to cross examine witnesses.
Mr. Tuma proceeded with his formal presentation. He detailed the current changes made since the 12/7/2021
Planning Commission Meeting:
1. Building height reduced by 1 floor (5 stories to 4 stories)
2. Reduced the number of units to 177 (206 units to 177 units)
3. Construct 10 ft. access easement on south side (new street to easement), and
4. Four live/work units converted to all commercial space
Rob Rennebaum, Traffic Engineer, Simmons & White, 2581 Metrocentre Blvd, Ste. 3, West Palm Beach,
presented the traffic study results for US 1 and Yacht Club Dr. He also stated that former Village Manager Andy
Lukasik personally conducted his own traffic study in January 2022 which was presented to Mr. Rennebaum.
Mr. Ahrenholz, Interim Community Development Director, presented the Staff Report. He provided a detailed
update of the project since the December 7, 2021 meeting. The Planning Commission had approved the request
by a 5-1 vote at that meeting. Due to concerns from residents expressed to the Village Council, the applicant
decided to redesign the project and eliminate the 5th floor waiver request. Without that request as part of the
application, the project is no longer required to be approved by the Village Council. Because the project has been
redesigned from the originally approved request, the application is back before the Planning Commission for final
approval. Staff recommended the addition of 23 conditions of approval to the development order:
1. Prior to certificate of occupancy, owner shall provide rental rates and breakdown of workforce housing
units for review and approval by the community development department and the Village Attorney. The
workforce housing units shall be consistent with Policy 1.B.2 of the Comprehensive Plan. The owner
shall submit the rental rates and a breakdown of workforce housing units for review and approval by the
community development department on or before January 1st of each year subsequent to the year in which
the Village issues the certificate of occupancy.
2. The property owner shall host a minimum of 6 farmers market or food truck events per year. If the required
number of monthly events is not held by the property owner, the Village shall be granted ability to provide
one event, once per month, in coordination with the property owner. All such events shall be open to the
public.
3. Live/ work units shall be constructed and leased as commercial spaces. They shall be maintained for a
minimum of two (2) years. If there is no tenant occupancy after that time, the units can be converted to
live/work or solely residential. Conversion construction shall be permitted through the Community
Development Department and approved by the Community Development Director.
4. The commercial space adjacent to the two pedestrian plazas is intended to attract the general public to the
area. They are appropriate if they provide services, entertainment, and/or retail sales for the general public.
The commercial spaces adjacent to the pedestrian plazas shall not be used for non-service-related office
space. Permitted uses will be reviewed and approved by the Village Manager and Community
Development Director.
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5. Commercial units are required to obtain a business tax receipt from the Village prior to operating the
business
6. The owner shall not be permitted to utilize amplification of any kind on the amenity deck. The use of
amplification shall require a special event permit from the Village.
7. Prior to the certificate of occupancy, if permitted by the Florida Department of Transportation (FDOT)
and any other applicable governmental agencies, the Applicant shall construct a westbound one -way
driveway, 10 feet in width, with a 3 -foot landscape area between the driveway and the adjacent property,
within the 20 foot access easement as shown on the approved site plan. The applicant shall utilize its best
efforts to obtain approval of the access point from FDOT. If FDOT does not grant approval, the property
owner shall make a payment of $125,000 to the Village for improvements prior to certificate of occupancy.
8. Per 45-31.E.4, rooftop facilities shall be sufficiently screened from the street and adjacent properties.
Adequate trees, shrubs, or greenspace shall be provided on any active rooftop facility. A rooftop planting
plan and location plan for any speakers shall be provided prior to issuance of vertical building permit for
the parking garage building.
9. The Applicant shall relocate and preserve existing native trees shown on the approved tree disposition
plan. If the oak trees do not survive relocation or preservation, they shall be replaced with oaks that are
the largest caliper that is reasonably available from local nurseries.
10. Approval shall be obtained from Florida Power and Light (FPL) for the undergrounding of powerlines
and utilities and all work shall be completed prior to commencement of vertical construction.
11. Prior to issuance of the first building permit for vertical construction, the Applicant shall revise plans to
provide details of lighting fixtures that utilize dark-sky friendly techniques where feasible.
12. There shall be no parking in the seven-foot transportation easement in the driveways of the townhomes.
13. Irrigation plans shall be provided prior to approval of the first infrastructure permit.
14. A permit shall be obtained from Seacoast Utility Authority prior to the first infrastructure permit.
15. All infrastructure, including but not limited to fire hydrants, street lights, storm drains, etc. proposed on
the approved site plan shall be maintained by the property owner. Fire hydrants shall be installed, tested
and in service prior to construction, and a stabilized fire department access road shall be installed and
maintained prior to and throughout construction.
16. Prior to the issuance of the first infrastructure permit, Applicant shall provide the Village with a
performance bond, letter of credit, escrow agreement or other acceptable surety agreement in a form and
in an amount approved by the Village Attorney to assure completion of on -site roadways, drainage and
utility improvements. As improvements are completed and accepted by the Village, the amount of the
performance bond, letter of credit, escrow agreement or other acceptable surety may be reduced by a
proportionate amount as determined by the Village Manager in consultation with the Village Engineer.
17. The property shall be platted with the proposed access easements, utility easements and the dedication of
right-of-way to the Village and the plat shall be approved by the Village Council and recorded in the
public records prior to the issuance of a certificate of occupancy.
18. Prior to issuance of the first building permit for vertical construction, the Applicant shall revise plans to
provide details of lighting fixtures that utilize dark-sky friendly techniques where feasible.
19. No parking signs shall be added along the alley in the transportation easement prior to certificate of
occupancy.
20. Any deviations to the approved site plan shall be governed by Section 6 -59(4) of the Village Code of
Ordinances.
21. If any significant archeological resources are found on site during development and construction, the
Applicant shall notify Village staff and following the procedures outlined in Section 21-104 of the Village
Code of Ordinances.
Minutes of Village Planning Commission Regular Meeting held on September 6, 2022
5
22. The Applicant shall be bound by all oral and written representations made both on the record and as part
of the application process irrespective of whether such representations are included as formal conditions.
23. The conditions of approval shall be binding on the Applicant and its successors in interest and assigns and
a violation of such conditions shall constitute a violation of the Village Code of Ordinances and may be
enforced by the Village as set forth in Article VI, Chapter 2 of the Village Code or as otherwise authorized
by law.
The Chairman opened the floor to public comments.
Peggy Girard, 52 Yacht Club Dr. #104 – Concerned about parking and trespassing
Bob Starkie, 36 Yacht Club Dr. #207 – Traffic concerns impacting Yacht Club Dr.
Carolyn Liss, 52 Yacht Club Dr. #304 – Concerned about Comprehensive Plan vs. application requests & schools
William Rose, 36 Yacht Club Dr. #106 – Concerns with roof top decks and pools
Chris Ryder, 118 Dory Rd. S. - Planning Commission responsibilities and Comprehensive Plan
John Rothberg, 134 Lakeshore Dr. #G-23 – Concerned with traffic, Parker bridge impact and roof top pool noise
Debbie Cross, 2560 Pepperwood Circle S. – Concerned with commercial area reduction, and traffic
Diane Smith, 37 Yacht Club Dr. #204 – Concerned with traffic along Yacht Club Dr., US 1 & alleyway
Patricia Williamson, Fathom Rd. W. – Concerned with change in views from home with large development
David Colangelo, 45 Yacht Club Dr. #210 – Concerned with water impact and SFWMD Waterworks Plan
Pat Kelley, 37 Yacht Club Dr. #111 – Concerned with zoning changes and public records information
Sandra Yeater, 36 Yacht Club Dr. #505 – Concerned with density and storm water management
Bill Stevens (audio not clear), 52 Yacht Club Dr. – Concerned that residents’ concerns are not addressed
The Chairman closed the public comments.
Mr. Tuma provided a response to the public comments/concerns.
Mr. Rennebaum addressed the DOT/traffic issues and concerns.
Susan O’Rourke, Traffic Engineer, 22 SE Seminole St., Stuart, FL, was present to represent the Village.
Brian Seymour, Attorney, 777 S. Flagler Dr., West Palm Beach, was also present to represent the project. He
explained that the plan meets the requirements of the code.
The Planning Commission members asked the applicant about traffic loads on US 1, storm water impacts, to
explain trench control structures, lane reduction impact and where the lane reduction sections would occur in
relation to the project, why did the applicant withdraw the project previously, uses for the commercial space, what
the cost to build the roadway on the south end might be, the lack of walkability within the project, the sidewalk
issue along US 1 has not been addressed, whether the surface parking is restricted to the commercial area, whether
there are amenities for small children planned, and what commercial spaces are planned to draw customers from
surrounding communities. Members were for the diversity of housing, not limiting the project to small
commercial businesses and felt businesses that draw visitors would be better, proposed limiting the number of
special events, and felt the project would be better placed elsewhere in the Village. They also expressed a desire
to remove the two (2) year live/work occupancy component and make it all commercial.
Mr. Tuma addressed the Planning Commission’s concerns.
Minutes of Village Planning Commission Regular Meeting held on September 6, 2022
6
Mr. Seymour reiterated the point of law regarding the approval of the project in that it meets the Village Code
despite whether it, the project, is liked by the residents and Planning Commission.
Mr. Rubin explained that the Planning Commission can find that the project is inconsistent with the Comp Plan,
and therefore inconsistent with the Master Plan, and therefore do not need to approve it.
Motion: Mr. Hogarth moved to deny the application because the standards for the landscape waiver for the
sidewalk easement were not met. Mr. Solodar seconded the motion, which passed 5-2. Mr. Haigh and Dr.
Kennedy vote nay.
V. ADMINISTRATION MATTERS
A. Staff Updates: None
B. Commission Member Comments:
The sidewalk has been blocked in front of Memory Care for quite some time, is there a way to put
in a temporary sidewalk, or make them repair it more quickly.
VI. ADJOURNMENT
With there being no further business to come before the Board, the meeting adjourned at 9:58 PM.
Minutes typed by Jane Lerner
VILLAGE OF NORTH PALM BEACH
LIBRARY ADVISORY BOARD MEETING MINUTES
OCTOBER 4, 2022
Location: Library Obert Room
CALL TO ORDER
Chairperson Christine DelGuzzi called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Julie Morrell, Library Manager
Christine DelGuzzi, Chairperson
Phyllis Wissner, Vice Chairperson, by phone
Brad Avakian, Member
Tina Chippas, Member
Susan Bickel, Village of North Palm Beach President ProTem
Phyllis Wissner made a motion to accept the Minutes for the August 23, 2022 Minutes. Brad Avakian
seconded the motion that passed with a unanimous vote.
LIBRARIAN’S REPORT
Library Julie Morrell reported the following:
Facilities
The fence to the garbage area has been replaced. It will be painted the same color as the rest of
the fence.
New mobile shelves have been ordered and expected to arrive mid-October. Coordination of
carpeting and painting is on-going with completion sometime during the winter. Steel
wall shelving may not arrive until later this year; scheduling of the carpeting and painting will be
upon its arrival.
Four new café style tables have been ordered to replace those under the upstairs windows as well
as the two self-checkout pods. Colors of both are matched with the new shelves.
Children’s Programming
There are four Story Times each week with an average of 33 parents and children attending.
Movie “More Than Robots” was shown in the Obert Room September 10th to a total of 25
students and parents.
A new children’s art program will be offered the third Friday of the month, at 3:00 p.m., giving
young artists a chance to learn about different types of art and then create their own works of art.
Recommended for ages 8 +.
Teen Programming
Teen volunteers are helping, after school, with daily tasks in shelf reading and cleaning.
Monthly virtual book clubs are being held as they tend to reach more teens who may not be able
to get transportation to the library for an in-person club.
Adult Programming
Great Courses has begun in October.
New Adult Crafts will begin in October and staff is already preparing Fall-themed crafts.
Book Club was held September 1. Twelve book club members discussed News of the World by
Paulette Jiles over coffee and cookies.
Senior Appreciation Bingo sponsored and presented by Dedicated Senior Medical Center had its
third meeting on September 14th. Fourteen seniors attended. Doors opened at 4:30 p.m. and Bingo
started at 5:00 p.m. Dedicated Senior Medical Center offered gift cards and prizes for winners.
Hors d’oeuvres, cheese trays, fruit, sandwiches were served. Bingo Night is every second
Wednesday of the month. Call (772)262-6881 to be put on the RSVP List.
Special Events
Cornhole Tournament at the Community Center
Library staff sold hotdogs, hamburgers, chips and sodas during the first Cornhole Tournament for
Leisure Services. Friends of the Library sold beer. All of the tips from both concessions went to
support The Friends in their fundraising efforts for the library.
Halloween Festival October 29th
This year, there will be a Pirate/Mermaid theme.
Differing from last year, this will be a 4-hour event and held only for one day, at Anchorage Park,
with a haunted pirate trail winding through the park, replacing last year’s indoor haunted house.
There will be hayrides, a petting zoo, an inflated obstacle course and fun contests.
Food will be provided by Farmer’s Table and various tent vendors such as Salty Donut and
Mystic Lobster Roll.
Information on the “Flying Dutchmen” Festival:
Anchorage Park, 603 Anchorage Drive, North Palm Beach, 33408.
Saturday, October 29, 4:00 – 8:00 p.m. $15 per person, 3 years and under, Free.
Friends of the Library Raffle
Friends of the Library Raffle Basket has fun, spooky, Halloween-themed items and a $100 gift
card to Target. Raffle drawing will be held October 15th. Tickets are $1 for one ticket and $5 for
six tickets. Basket includes candy corn, serving dish, napkins, guest towel, Pumpkin Bandit and
Halloween placemats. It is sponsored by Cathy Graham.
Library Materials Circulation
Library Manager, Julie Morell, reviewed circulation statistics.
OLD BUSINESS
No old business to discuss.
NEW BUSINESS
Review of Library’s current Challenged Materials Policy. Library Bill of Rights and Freedom to Read
Statement, Collection Development Policy and Reconsideration Policy were discussed. Library Manager
Julie Morrell answered board members’ questions re those documents and current processing procedures
in place. There have been no formal filing of forms re book materials. The library manager has had
informal discussions re some materials. The library continues its practice of providing requested materials
to library members.
ADJOURNMENT
Tina Chippas motioned to adjourn the meeting. Brad Avakian seconded the motion and the meeting was
adjourned at 7:27 p.m.
Respectfully submitted by Tina Chippas
(In the absence of Bonnie Jenkins)
VILLAGE OF NORTH PALM BEACH
PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY OCTOBER 11, 2022
Present: Cory Cross, Chairman
Donald Solodar, Vice Chair
Thomas Hogarth, Member
Jonathan Haigh, Member
Nathan Kennedy, Member
Kathryn DeWitt, Member
Len Rubin, Village Attorney
Alex Ahrenholz, Acting Community Development Director
Not Present: Scott Hicks, Member
Council Member: Deborah Searcy, Mayor
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 except Mr. Hicks.
II. DECLARATION OF EX PARTE COMMUNICATIONS
There were no Ex Parte Communications declared by the Board.
III. QUASI JUDICIAL MATTERS / PUBLIC HEARING
Attorney Len Rubin swears in all persons speaking.
The Chairman allowed Comments from the Public to be heard prior to the start of Item III. A.
Mr. Tim Hullihan, 840 Country Club Dr., addressed the Board members regarding the C-3 Zoning District. He
stated that he was invited to meet with the owner of the Twin City Mall proposed project and learned that the
property owner was writing his own code to fit his project. Mr. Hullihan advised that the Village, along with
Dover Kohl, initiated the rewrite the C-3 Zoning District (Twin City Mall) code through a public hearing process
and unfortunately never went through completion with the Village Council. He implored the Planning
Commission to not allow the property owner to be able to write code around his design and to encourage the
Village Council to adopt the C-3 code that Dover Kohl and the Village had spent the time to create.
A. APPROVAL OF THE MINUTES
The Minutes of the August 2, 2022 Regular Meeting were approved as corrected.
Minutes of Village Planning Commission Regular Meeting held on October 11, 2022
2
B. SITE PLAN AND APPEARANCE REVIEW
1. Public Safety Building Parking
Application by the Village of North Palm Beach amending the Site Plan for the Public Safety
building to add two (2) parking spaces.
Motion: Mr. Haigh moved to table the application. Ms. DeWitt seconded the motion, which passed 6-0.
2. 420 US Highway One Paint Colors
Application by SOVS Holdings, LLC for new building paint colors.
Mr. Ahrenholz presented the staff report and recommendations. The property is a commercial plaza known as
The Shoppes at Village Square. The walls are currently yellow with white accent and a metal roof. The proposed
wall color will be white Benjamin Moore (OC 150) with accents painted in gray Benjamin Moore (HC 170).
Existing building signage was approved as and consists of translucent vinyl Light Blue (#053) letters on white
acrylic background and a combination of nationally registered tenant sign colors. Pictures reflecting the existing
color scheme of the building and pictures reflecting the proposed white and gray color scheme have been included
as attachments to this staff report for reference. Staff recommends approval with no conditions.
The Planning Commissions members discussed why the property owner wants to change the color; whether the
signs will stay white; would like elevation drawings with the changes to be submitted; why did the property owner
chose gray; would like clarity on what will be painted white and what will be painted gray; whether the panels
behind the signs will be painted gray; concerns that gray behind the signage will make the sign too prominent;
and whether the insets and triangles in the columns will be painted gray. As the applicant was not present to
answer questions, consensus was to table the application until a meeting when the applicant would be present.
Mayor Debra Searcy asked whether the applicant could be asked to choose a different color.
Applicant was not present to represent the project.
Motion: Mr. Solodar moved to table the application. Mr. Haigh seconded the motion, which passed 6-0.
3. Pelican Carwash- Tabled in June 2022
Application by PGA Wash LLC for site improvements to the existing carwash
Motion: Mr. Solodar moved to remove the item from the table. Mr. Hogarth seconded the motion, which passed
6-0.
Mr. Ahrenholz presented the staff report and recommendations. He briefed the Planning Commission members
on the previous conditions. The new awning is non-conforming and the applicant will remove it. He also
reiterated the Planning Commission’s comments from the June 2022 meeting and advised that the applicant has
addressed them in the updated site plans, renderings and striping plan. The applicant has additionally proposed
to add new landscaping at the base of the building, update the existing cabinet wall sign to match their new
branding, and repaint the building to white with a blue roof, per some of the conditions of approval proposed by
staff and the discussion by the Planning Commission at the last meeting. Staff proposes the following conditions:
Minutes of Village Planning Commission Regular Meeting held on October 11, 2022
3
1. The largest, most western orange awning shall be replaced with a smaller awning of similar size
canopy as before to not increase the nonconformity.
2. The blue awning in the front the building shall be removed.
The Planning Commissions members discussed whether any retail tenants remain; whether the applicant will be
utilizing the retail space; whether the seating area is located in a retail space; need for traffic direction arrows on
striping plan need to be in the correct side; dislike of the vacuum area placement on plan; recommend that double
landscape plantings (layered) be used to conceal vacuums; whether the monument sign meet the minimum
landscape requirement; whether the tenant cabinet sign have been removed; whether tree plantings are required;
and will there only be one fuel pump.
Lorena Serrano, Pelican Car Wash, was present to represent the project. She answered the questions of the
Planning Commission.
Motion: Ms. DeWitt moved to approve the application with staff’s conditions and the conditions that the graphics
and signage lettering be removed from the fuel and pay equipment, ensure appropriate length of parking stalls for
the air pumps and are appropriately located, correct the directional arrow and crosswalk striping in the parking
lot, add sufficient bougainvillea and an additional smaller plant layered to hide the vacuums from the right of
way. Mr. Haigh seconded the motion, which passed 6-0.
C. RECOMMENDATIONS TO VILLAGE COUNCIL
1. Village Initiated Zoning Text Amendment
Amendment to Section 45-27, R1- Single Family Zoning District for regulations to second
story size of single-family homes and Section 45-64, Nonconforming Structures.
Mr. Bill Whiteford, Chairman, Ad Hoc Committee, presented the process of the Ad Hoc Committee, discussed
the importance of ZIP, second story massing and how they arrived at the recommendations reached.
Mr. Ahrenholz further discussed the recommendations and answered the Planning Commission members’
questions. A Power Point presentation of second story home examples was given.
Motion: Mr. Solodar moved to recommend the Amendment, as presented, to the Village Council. Dr. Kennedy
seconded the motion, which passed 6-0.
V. ADMINISTRATION MATTERS
A. Staff Updates:
The applicant for 200 Yacht Club Dr. is appealing the Planning Commission’s denial. It will go
before the Village Council on October 27, 2022.
B. Commission Member Comments:
Wished the Ad Hoc Committee’s recommendation would have been sent out with more time for
review before the Village Council meeting.
Minutes of Village Planning Commission Regular Meeting held on October 11, 2022
4
Is there an exception for grand opening signs to be up at businesses? Signs along Northlake Blvd.
seem to have been advertising their grand opening for the past few months.
Next meeting will be November 1, 2022
Joint meeting with Lake Park – The Town of Lake Park initiates those meetings.
VI. ADJOURNMENT
With there being no further business to come before the Board, the meeting adjourned at 8:11 PM.
Minutes typed by Jane Lerner
Village of North Palm Beach
Recreation Advisory Board Minutes
October 11, 2022 at 7:00 p.m.
Anchorage Park
Chairman Bob Bell (X) Vice Chair Don Grill (X)
Member Maria Cassidy ( ) Member Paul Beach (X)
Member Stephen Heiman (X) Member Rita Budnyk (X)
Member Mia St John (X) Recreation Stephen Poh ( )
Council Rep. _______________ ( ) Leisure Services Zak Sherman (X)
Call to Order: Bob called meeting to order at 7pm.
Roll Call: All board members present except Maria Cassidy, who had a funeral to
attend. Council member not present.
Approval of Minutes:
Public Comment:
Directors Report:
Accomplishments
Ongoing projects
Programs and events
Zak spoke about getting 6 new PCs for Parks staff, 4 iPads for Leisure Services, 2 new laser printers/scanners,
new cameras for south slips, and wifi for Community Center. Bob asked about the wifi. Zak said the speed of
the wifi would be 500mb. In term of the Internet in general at our facilities, the Village owns the fiber at public
safety, village hall, and library. At our other facilities, the Village rents the fiber from a vendor.
Lakeside Park:
Split rail fence
o Fencing near Dr. Higgins’ house, the 3 sections in parking lot (that was hit by a vehicle), and new golf
cart parking area should be done next week.
Golf Cart
o Estimated delivery is December.
Front gate
o Still waiting on quote for front automatic gate.
Signage
o Signage has been updated to make consistent.
Anchorage Park:
New Playground
o Estimated delivery/installation date is still November.
o On October 13, will be going to Council to add ADA sidewalk and Spin Orbit piece. Brad Powers donated
$25k toward Spin Orbit.
o Hoping to be done by march so we can apply for a trails grant which would allow for a new trail, lighting,
and fitness equipment.
Dry Storage
o Working with FPL on plan to underground overhead lines.
o Working with Engenuity on plan to replace fence and put in landscaping.
Split Rail fence
o Plan to install new fencing from new bollard to volleyball courts on north side next week
Dog park
o The big dog park will open October 10.
Instructor contracts
o All ongoing instructor contract have been renewed!
Boat decals / storage leases
o In process of renewing all contracts for FY23
o Resident removed boom from slip #16.
o Police buying new boat which may go in slip #17 (all south renters will need to move down 1 slip)
Board discussed this and were generally opposed. Felt that the boat would sit idle and take up a
spot meant for a resident.
Marina:
Boat Ramp
o Engenuity is working with UESI to conduct underwater inspection of the boat ramp. They did so before
back in 2017, but it needs to be updated. The cost is $4,500.
Boat ramp will be closing on Monday, October 10th from 10am-11am so UESI can complete a
boat ramp inspection.
o We are also working with Charlie Isiminger to conduct the sea grass survey around the ramp as well.
Survey was completed. Just waiting for report.
Community Center:
T-Mobile
o Still waiting on T-Mobile for reimbursement for damage done to fields in December.
Playground
o New playground fully installed.
o Still need to remove old fence posts.
o Still need to add seating and possibly one more playground piece.
o Waiting on sign to be added so we can close out the grant.
Dodgeball
o Might do dodgeball again in November!
Youth Flag Football
o Games have started.
Bleachers
o Received quote to fix/replace two seats. Now that we’re in a new budget year, we’ll go ahead and get
them fixed.
Osborne Park:
Garden Board
o Hosting Plant & Seed Swap October 23, 2022 from 5-7PM at Community Garden.
Guest speaker Jetson Brown at 5PM.
He will be focusing on seed starting, planning your garden, and will review heirloom vs
hybrid varieties to get you thinking about seed saving when the season is over.
Please RSVP for the event:
https://www.evite.com/event/0190R4UAULZUCYC3UEPNITRSIZFKWA/rsvp?utm_campaign=sen
d_sharable_link&utm_source=evitelink&utm_medium=sharable_invite
Free admission.
Beer tent on site!
Garden Board will need help setting up, tearing down, and manning the Beer Tent.
Any tips collected will go to their Garden Account. They are trying to plan for a garden
expansion, pavilion, tool shed and tools.
Additionally, if anyone wants to bring and/or solicit in-kind donations from local restaurants, the
Board would appreciate small appetizer food items, such as soft pretzels, cheese dips, bratwurst
(all can be served in a small paper cup).
Contact the Garden Board so they can get you assigned!
If you plan on bringing seeds, plants or cuttings to swap, let us know
o Meet us in the Garden
Tuesday, November 15th @ 6:00pm
Bring a Chair & a Beverage
Come mingle and meet other community gardeners to hear what they have been up to! This
informal NPB Community Garden meeting serves as an opportunity to meet one another, work
together, discuss concerns and share ideas for the garden.
Basketball Court
o Court is finished; Armor Courts painted and lined the basketball court this week.
o Court will reopen on October 8.
o That will finish the FRDAP grant, except for the sign, and we will be able to close it.
Split Rail Fence
o Plan to install new fencing by basketball court next week
Baseball/softball field
o TCS currently using baseball/softball fields afterschool for practices and games.
Veterans Park:
Some of the grass is in rough shape. We’re working on fixing it so it looks great for Veterans Day.
Staffing:
Hired new Recreation Supervisor Corey Bullard. His first day was September 30. Corey grew up
participating in NPB sports. He was a camp counselor for three years as well.
Also hired three new Recreation Assistants: Dylan Grishaber, Patrick Ferguson, and Jenny Mallat.
Open positions
o 1 open Recreation Assistant position at Anchorage
o 1 open Park Ranger position
Special Events:
Bus Trips:
o Orchid Show, Homestead, FL. October 7. $25
o Miami Dolphins vs. Vikings Game October 16. $105
o Arcadia Antique Flea Market October 22. $25
o Renaissance Fest & Renningers in Mt. Dora, FL. November 12 & 13. $165
o 4-Days,3-nights Savannah, GA. November 27,28,29,30. $525 Dbl occupancy
Special events
o Cornhole Tournament at the Community Center
South Florida Cornhole helped put on the event for about 75 people.
Library staff were on hand to sell hotdogs, hamburgers, chips, and sodas during our first
cornhole tournament for Leisure Services.
Recreation staff cooked the food on the grill.
Friends of the Library were also present selling beer and all of the tips from both concession
stands went to support the Friends in their fundraising efforts.
o Touch-A-Truck
Saturday, October 8
Time: 10 a.m. to 1 p.m.
Admission is free.
Watch firefighting demonstrations and get hands-on a variety of working trucks that make life
possible in our modern world. Kids will enjoy sitting in the driver's seat of many different styles
of BIG trucks and vehicles.
It’s a great learning experience for kids and adults!
The Fire Safety Fair offers a great opportunity to see the equipment firefighters use and meet
the people who train and work hard to keep our Village safe around the clock.
The goal of the event is to remind people to look, listen and learn, to be aware of fire danger
and make a home plan for safely escaping a fire.
Note: No Sitting In/Honking Trucks First Hour.
Had about 1200-1500 people, good turnout.
Upcoming Events:
o Links 5k
October 29 at 7:30 a.m.
Location: North Palm Beach Country Club
284 currently registered. Planning to max out at 400. Last year we had 350.
Mia St. John is helping with Packet pick up.
Rita Budnyk is volunteering on the day of.
o Halloween Festival October 29th
This year we are going with a Pirate/Mermaid theme Halloween Festival!
Different from last year, this will be a 4-hour event and only be for one day. We will also be
holding it at Anchorage Park and having a haunted pirate trail that winds through the Park
rather than an indoor haunted house.
We will also be having hay rides, a petting zoo, an inflatable obstacle course, and lots of fun
contests!
Food will be provided by Farmer’s Table and various tent vendors such as The Salty Donut and
Mystic Lobster Roll.
o Veterans Day Ceremony
Tenth Annual Veterans Day Ceremony
Friday, November 11, 2022 at 9:00 a.m.
Refreshments provided by FOL
Keynote Speaker: Former U.S. Navy Rear Admiral Frank Drennan
Library:
Facilities
o Keyed up Fence replaced gate
o Library drainage issue held up nicely during Hurricane Ian.
o Library new shelving:
Expecting wooden shelving to arrive early November
New carpet will be ordered once the new wooden shelves on wheels have been installed to
make it easier on staff
Steel walls shelves may not arrive until December or later, not a problem as that will be easier to
transition
o Four new café style tables have been ordered to replace the ones under the windows upstairs as well as
the 2 self-checkout pods. Colors of both have been matched with the new shelves.
o Remaining upstairs windows at the library have been resealed
Children’s Programming
o We have four storytimes each week with an average of 33 parents and children attending.
o Movie “More Than Robots” was shown in the Obert Room September 10th to a total of 25 students and
parents.
o We are starting a new children’s art program once a month that will give young artists a chance to learn
about different types of art and then create their own masterpieces!
Teen Programming:
o Teen volunteers are helping with daily tasks such as shelf reading and cleaning after school.
o Monthly virtual book clubs are being held as they tend to reach more teens who may not be able to get
a ride to the library for an in-person book club.
Adult Programming:
o Knit and Crochet meet every Monday with an average of 12 people
o Great Courses is starting up again in October
o Adult crafts have also taken a break until October and we are already preparing our Fall themed crafts!
o Yoga with Mi Sun just started up agian.
o Book Club was held September 1st News of the World by Paulette Jiles
12 Book club members enjoyed discussing the book over coffee
o Senior Appreciation Bingo sponsored and presented by Dedicated Senior Medical Center was held for
the third time September 14th
14 seniors attended Bingo night!
Doors opened at 4:30 and game started at 5:00
Dedicated Senior Medical Center gathered gift cards and prizes for the winners and served hors
d'oeuvres such as cheese trays, fruit, and sandwiches
Everyone had a fun time and are excited for our next Bingo event!
Friends of the Library:
o Friends Halloween Raffle basket has fun, spooky Halloween-themed items and a $100 gift card to
Target!
Raffle will be drawing October 15th
Staffing
o Marelen Baylis became a library Clerk on October 1, 2022. At the library she has an opportunity to
conduct children’s programming, which she loves.
o Sabiha Sultana resigned October 3, 2022. The Library now has one open position.
New Business:
November’s meeting date
o Board voted to move next meeting date from the 8th to 15th because of the election.
Old Business:
None
Member Comments: None.
Adjournment: Stephen made motion to adjourn at 7:37pm. Seconded by Don.
1
THE VILLAGE OF
NORTH PALM BEACH
Village Manager’s Office
“THE BEST PLACE TO LIVE UNDER THE SUN”
Business Advisory Board
MINUTES
Village Hall Conference Room
Tuesday, October 18, 2022
5:30 pm
(There was not a quorum so no official action was taken)
1. Call to Order: Chair Jones called the meeting to order at 5:35 pm.
2. Roll Call:
Present: Adam Jones, Dave Talley, Marshall Gillespie,
Absent: Veronica Frehm, Nathan Kennedy, Ron Lantz, Nina Balgar,
Also Present: Russ Ruskay, Director of Special Projects
3. Approval of Minutes : No action taken
4. Public Comments: None.
5. New Business: (Discussion Only)
a. The next Networking Event will be held on Thursday November 17 at the
Country Club beginning at 8: am.
b. Russ updated the board on his meeting with the Palm Beach North Chamber of
Commerce on ways to better collaborate business related opportunities.
c. Russ briefly went over the SWOT Exercise document that the board had
requested to review.
6. Old Business: (Discussion Only)
a. Russ reviewed the updated NPB-BIZ web page. The updated page included
suggestions discussed at the last meeting from both the Mayor and board members.
Russ plans on the web page to go live in January.
2
6. Board Member Comments:
a. Marshall suggested send out the agenda and minutes closer to the actual
meeting date.
7. Next meeting: the next meeting will be the Networking Event on November 17, 2022 at
8:00 am at the Country Club
8. Adjournment: the meeting adjourned at 6:00 pm.
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB
TO: Honorable Mayor and Council
THRU: Chuck Huff, Interim Village Manager
FROM: Beth Davis, General Manager
Allan Bowman, Head Golf Professional
DATE: December 8, 2022
SUBJECT: RESOLUTION – Approval of a Contract with D.S. Eakins Construction Corp. to purchase
and install a new water service pipe to the Country Club golf course maintenance facility.
Village staff is requesting Village Council consideration and approval of a Contract with D.S. Eakins
Construction Corp. (“Eakins”) to purchase and install a new water service line from the U.S. Highway One
Parker Bridge meter to the Country Club golf course maintenance facility via horizontal directional drilling
utilizing pricing established in an existing City of Palm Beach Gardens Agreement for Miscellaneous Public
Works Projects (ITB2020-124PS).
The existing water main service line, estimated at over 20 years of age, is deteriorating and causing main
line breaks in various places, causing damage to the golf course and disrupting water service to the
maintenance facility and golf course bathrooms. Eakins proposes to replace the current pipe with a new
3” DR 9 HDPE pipe via direct bore. The new HDPE pipe will provide better water pressure, optimal flow
and a longer life-span.
Village Staff has determined that utilizing the existing Palm Beach Gardens Public Works Contract is in
the best interests of the Village, and the Village is obtaining the new water line for the golf course
maintenance facility at the most reasonable and fair price. The cost of this Contract shall not exceed
$61,700.00
Account Information:
Fund Department / Division Account
Number
Account
Description Amount
Enterprise Golf Course Maintenance /
Country Club L8045-66210 Construction &
Major Renovation $61,700.00
The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the Village
Attorney.
Recommendation:
Village Staff recommends Council consideration and adoption of the attached Resolution
approving a Contract with D.S. Eakins Construction Corp. for the purchase and installation of a
new water service line from the U.S. Highway One Parker Bridge meter to the golf course
maintenance facility at a cost not to exceed $61,700.00, with funds expended from Account No
L8045-66210 (Golf Course Maintenance- Construction & Major Renovation), and authorizing the
Mayor and Village Clerk to execute the Contract in accordance with Village policies and
procedures.
RESOLUTION 2022-_____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A CONTRACT WITH D.S. EAKINS
CONSTRUCTION CORP. FOR THE PURCHASE AND INSTALLATION OF A
WATER SERVICE LINE FOR THE COUNTRY CLUB GOLF COURSE 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.
WHEREAS, the Village is in need of contractor to install a water service line from the U.S. Highway
One Parker Bridge meter to the Country Club golf course maintenance facility; and
WHEREAS, Village Staff recommended that the Contract be awarded to D.S. Eakins Construction Corp.
pursuant to pricing established in an existing Agreement for Miscellaneous Public Works Project s
(ITB2020-124PS) with the City of Palm Beach Gardens; and
WHEREAS, the Village Council determines that the adoption of this Resolution, and the waiver of any
conflicting purchasing policies applicable to the purchase of materials, is in the best interests of the
citizens and residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Contract with D.S. Eakins Construction Corp. for
the purchase and installation of a water service line from the U.S. Highway One Parker Bridge meter to
the Country Club golf course maintenance facility pursuant to pricing established in an existing
Agreement for Miscellaneous Public Works Projects (ITB2020-124PS) with the City of Palm Beach
Gardens and authorizes the Mayor and Village Clerk to execute the Contract on behalf of the Village, a
copy of which is attached hereto and incorporated herein. The total cost of this Contract shall not exceed
$61,700.00, with funds expended from Account No. L8045-66210 (Golf Course Maintenance –
Construction & Major Renovation).
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2022.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
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CONTRACT
This Contract is made as of this _______ day of ______________, 2022, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408,
a Florida municipal corporation (hereinafter “VILLAGE”), and D.S. EAKINS CONSTRUCTION
CORP, P.O. Box 530185, Lake Park, Florida 33403, a Florida corporation (hereinafter
“CONTRACTOR”), whose F.E.I. Number is 59-1691997.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to install a water service line from the U.S.
Highway One Parker Bridge meter to the North Palm Beach Country Club golf course maintenance
building; and
WHEREAS, the City of Palm Beach Gardens, through its competitive selection process, awarded an
Agreement for Miscellaneous Public Works Projects (ITB2020-124PS) (“PBG Contract”) to
CONTRACTOR; and
WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested services based on
the pricing established in the PBG Contract; and
WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE
desires to retain CONTRACTOR’s services by “piggy-backing” the PBG Contract, including all
terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully
incorporated herein by reference.
2. PBG Contract. The City of Palm Beach Gardens’ Agreement for Miscellaneous Public Works
Projects (ITB2020-124PS) (“PBG Contract”) with CONTRACTOR, attached hereto as Exhibit “A,”
is incorporated herein by reference.
3. CONTRACTOR’s Services and Time of Completion.
A. In accordance with the terms and conditions of the PBG Contract and at the direction of the
VILLAGE, CONTRACTOR shall perform the services in accordance with its Proposal dated
November 28, 2022, a copy of which is attached hereto as Exhibit “B” and incorporated herein by
reference.
B. The total cost of such services shall not exceed $61,700.00.
C. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE
to CONTRACTOR to proceed and shall be completed within ninety (90) days of the VILLAGE’s
issuance of the notice to proceed.
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4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
A. This Contract
B. Exhibit “A” (PBG Contract)
C. Exhibit “B” (CONTRACTOR’s Proposal)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under
this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior
written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review
and approval by the VILLAGE’s representative, indicating that goods and services have been
provided and rendered in conformity with this Contract, and they then will be sent to the Finance
Department for payment. Invoices will normally be paid within thirty (30) days following the
VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages
for claims, disputes or other matters in question arising out of or relating to this Contract. In order
for both parties herein to close their books and records, CONTRACTOR will clearly state “final
invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and
services have been properly performed and all charges have been invoiced to the VILLAGE. Since
this account will thereupon be closed, any and other further charges if not properly included in this
final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from
CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
6. Term and Termination.
A. This Contract shall be for the term as indicated in the PBG Contract. Extensions or renewals
to the PBG Contract or any modification including new products, terms, or price changes to the PBG
Contract shall be submitted by CONTRACTOR to the VILLAGE for approval. In the event the PBG
Contract expires and no new contract is let by the PBG, VILLAGE reserves the right, upon written
agreement with CONTRACTOR to renew this Contract under the same terms and conditions for an
additional period of one (1) year.
B. This Contract may be terminated by the VILLAGE, with or without cause, upon providing ten
(10) days’ notice to CONTRACTOR. This Contract may be terminated by CONTRACTOR upon
providing thirty (30) days’ notice to the VILLAGE. Upon any such termination, CONTRACTOR
waives any claims for damages from such termination, including, but not limited to, loss of anticipated
profits. Unless CONTRACTOR is in breach of this Contract, the VILLAGE shall pay
CONTRACTOR for work performed and accepted through the date of termination.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the PBG Contract, with the VILLAGE named as an additional insured.
8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees
from and against any and all claims, liability, losses, and/or causes of action arising out of or in any
way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not
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limited to, those caused by or arising out of any act, omission, negligence or default of
CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive
completion of all services, obligations and duties provided for in this Contract as well as the
termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract
be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida
Statutes.
9. Compliance with all Laws, Regulations and Ordinances. In performing the services
contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply
with all applicable federal, state and local laws, regulations and ordinances, including, but by no
means limited to, all requirements of the Village Code and the Florida Building Code.
10. Warranty/Guaranty. Unless a longer period is stated in the PBG Contract, CONTRACTOR
warrants that its goods and services provided under this Contract will be free of defects in materials
and workmanship for a period of one (1) year following delivery and completion of those goods and
services.
11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing services pursuant to this Contract for at
least five (5) years after termination of this Contract. The VILLAGE shall have access to such books,
records, and documents as required in this section for the purpose of inspection or audit during normal
business hours, at CONTRACTOR’s place of business. Under no circumstances will
CONTRACTOR be required to disclose any confidential or proprietary information regarding its
products and service costs.
12. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of
any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties
knowingly, voluntarily and intentionally waive any right they may have to trial by jury with
respect to any litigation arising out of or in connection with this Contract.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any provisions
of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
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attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in
that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or
the application of such terms or provision, to persons or circumstances other than those as to which
it is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
E. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto . Any
provision of this Contract which is of a continuing nature or imposes an obligation which extends
beyond the term of this Contract shall survive its expiration or earlier termination.
G. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from each
subcontractor stating that the subcontractor does not employ, contract with or subcontract with an
unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly
violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to
Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe
that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR
has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately
terminate its contract with the subcontractor.
H. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561)
841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE,
NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public requires required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with
a copy the requested records or allow the records to be inspected or copied within a reasonable
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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 publ ic records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of CONTRACTOR or keep and maintain public records required by the VILLAGE
to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon
completion of the Contract, CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of the Contract,
CONTRACTOR shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the VILLAGE, upon request from the
VILLAGE’s custodian of public records, in a format that is compatible with the information
technology systems of the VILLAGE.
I. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate
with the Inspector General when requested may be deemed by the VILLAGE to be a material breach
of the Contract justifying termination.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
D.S. EAKINS CONSTRUCTION CORP.
By:
Print Name:__________________________
Position:_____________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
DEBORAH SEARCY
MAYOR
ATTEST:
BY:________________________________
VILLAGE CLERK
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
VILLAGE ATTORNEY
HOURLY PROPOSAL
To: Village of North Palm Beach Date:11/28/2022
Attn: Allan Bowman Quote Num:22-0040R1
Phone:(561) 691-3434 Page:1 of 1
Email:abowman@village-npb.org
Job Location: 951 US-1, North Palm Beach, Florida - Maintenance Water Service
Dear Mr. Bowman,
The following is a quote from D. S. Eakins Construction Corp. for the above referenced
project based on City of Palm Beach Gardens Misc. Public Works Contract # ITB2020-124PS.
Item #Description Price
Labor & Equipment
87 Construction Crew "A"30.0 Hours @ $325.00 Per Hour $9,750.00
94 Dump Truck (15-20 CY)10.0 Hours @ $80.00 Per Hour $800.00
Total Labor Estimate =$10,550.00
Materials
Private Utility Locates 1.0 LS @ $2,000.00 Each $2,000.00
3" DR 9 HDPE Pipe 1,000.0 LF @ $11.00 Per LF $11,000.00
Direction Drill 3" DR 9 HDPE Pipe 1,000.0 LF @ $31.00 Per LF $31,000.00
Misc. Fittings to Connect to Existing (Allowance)$2,500.00
Sod or Pavement Replacement Not Included
103 10% Markup $4,650.00
Total Pump Rental =$51,150.00
Total Estimate =$61,700.00
Respectfully,
D. Steven Eakins
Vice President
D. S. Eakins Construction
Quantity Unit Price
Job Description: Install new 3" Water Service to Maintenance facility from US1 across golf course via HDD.
*Does Not Include: Survey, As-builts, Permits, Permit Fees, Milling & Overlay, Pavement Markings,
Landscaping replacement or Irrigation replacement/repair.
POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403
PHONE: (561) 842-0010 FAX: (561) 842-0009
ITB2020-124PS
Miscellaneous Public Works Projects
List of Bidders Recommended for Award
1. D.S. Eakins Const Corp
Lake Park, FL
2. Deevan, Inc.
Lake Park, FL
3. Ferreira Construction
Branchburg, NJ
4. Flying Scot, Inc.
Wellington, FL
5. Foster Marine Contractors
Lake Park, FL
6. Heavy Civil, Inc.
Pompano Beach, FL
7. Hinterland Group
Riviera Beach, FL
8. JW Cheatham, LLC
West Palm Beach, FL
9. Murray Logan Construction
West Palm Beach, FL
10. R&D Paving, LLC
West Palm Beach, FL
11. Ranger Construction
West Palm Beach, FL
12. South Florida Building
Hobe Sound, FL
13. Waypoint Contracting
Doral, FL
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
PUBLIC NOTICE – RECOMMENDATION TO AWARD
Date: September 18, 2020
Solicitation Number ITB2020-124PS
Title: Miscellaneous Public Works Projects
Notice is hereby given that the City of Palm Beach Gardens has completed its evaluation of offers received
for the above-mentioned solicitation. The City Manager or designee has recommended award of the
contract to the following bidders:
NAMES OF BIDDERS: See attached List of Bidders Recommended for Award
CONTRACT TERM: 5 Years
OPTION TO RENEW: None
DETAILS
Year One – Year 5: $10,000,000
Total Estimated Contract Value: $10,000,000 (Ten Million Dollars)
Options to Renew: None
Per:
Km! Ra
CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP, FCCM, PMP
Purchasing and Contracts Director
c: Patty Snider, CMC
City Clerk
PALM BEACH
CITY OF PALM BEACH GARDENS
PURCHASE AWARD TRANSMITTAL
It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper
of general circulation, and copies are made available through DemandStor, Public Purchase, the City's Purchasing webpoge, Vendors List; and the office of the City Clerk.
Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information
on the procurement action identified below.
SOLICITATION TYPE: Invitation to Bid
TITLE: Miscellaneous Public Works Projects
DATE ADVERTISED: 8/2/2020
WAS SOLICITATION OPENLY COMPETED? Yes
CONTRACT NO.: ITB2020-124PS
DEPARTMENT: Parks and Public Facilities
BIDS/PROPOSALS DUE DATE: 8/28/2020
RESPONSES RECEIVED: 13
FUNDING ACCOUNT INFORMATION:
PROJECT COST: $10,000,000 (for 5 years)
Funded from various account allocations in Budget.
TOTAL CONTRACT VALUE: $10,000, 000
CONTRACT TERM: 5 Years
Ten Million Dollars
OPTIONS TO RENEW: None
VENDOR(S): D.S. EAKINS CONSTR. CORP.; DEEVAN; FERREIRA CONSTRUCTION; FLYING SCOT; HEAVY CIVIL; HINTERLAND
GROUP; JW CHEATHAM; MURRAY LOGAN CONST; R&D PAVING; RANGER CONSTRUCTION; SOUTH FLORIDA BUILDING; AND
WAY POINT CONTRACTING.
BACKGROUND: Each year the City has several construction projects that must be performed to repair and/or maintain
infrastructure in addition to its ongoing Capital Improvement Program. This Agreement allows the City to contract at established
rates for these miscellaneous public works construction projects. The prices and rates are fixed for the five-year term of the
Agreement. Examples of the types of work contemplated include sidewalk repairs, stormwater pipe installation and repairs, road
construction, striping of roadways, and Capital Improvement Projects as needed.
COMMENTS: Awards are being made to primary and secondary vendors, based on the lowest price offered per item. All thirteen
vendors were deemed responsive and responsible, and were assigned primary or secondary vendor status for one or more items.
The vendors are well-known in the construction and infrastructure repair business, and the City has worked with them in the past
on various projects.
NAME SIGNATURE DATE
Community Services
Administrator David Reyes
City Engineer Todd Engle Q
Purchasing & Contracts
Director KmI Ra
Finance Administrator Allan Owens o Z-q n A v
Deputy City Manager Stephen Stepp rZ
City Attorney
LASERFICHE DATA:
R. Max Lohman
Effective Date: 10/1/2020 Expiration Date: 9/ 30/2025 Append to Existing: Not applicable
IIIIIN• • • bill 1174001110• 11/5/2020 1— -
iA/PROVED
ER GIR DESIGNEE
NOT APPROVED DEFERRED
6 b <* 4to
DATE
dOn PALM BEACH
City of Palm Beach Gardens
Office of the City Clerk
10500 North Military Trail
Palm Beach Gardens, FL 33410
561) 799-4122 psnider(,pbefl.com
Letter of Transmittal
DATE:
November 6, 2020
TO:
D.S. Eakins Const. Corp.
1481 Kinetic Road
Lake Park, FL 33403
Attn: D. Steven Eakins, Jr., Vice President
Re: Agreement for Miscellaneous Public Works Proiects
a For Your Records
0 As Requested
0 For Review and Signature
VAN
idef, CMC, City Clerk
O For Recording
O Returned for Corrections
O Other:
DocuSign Envelope ID: 078926F8-CF57-4989-954F-OE855F72A219
0
A_
PALM BEACH
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
AGREEMENT
FOR
MISCELLANEOUS PUBLIC WORKS PROJECTS
AGREEMENT NO. ITB2020-124PS (A)
THIS AGREEMENT is made and entered into this J_' day of
None ,,,geiC , 2020 (the "effective date") by and between the City of Palm Beach
Gardens, a Florida municipal corporation (the "City"), located at 10500 North Military
Trail, Palm Beach Gardens, Florida 33410, and D.S. Eakins Const. Corp., a Florida
corporation (the "Contractor"), located at 1481 Kinetic Road, Lake Park, Florida 33403,
with a mailing address of P.O. Box 530185, Lake Park, Florida 33403.
WHEREAS, the City desires to retain the services of the Contractor to perform
Miscellaneous Public Works Projects in accordance with the City's Invitation to Bid No.
ITB2020-124PS, and the Contractor's response thereto, all of which are incorporated
herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF INVITATION TO BID
The terms and conditions of this Agreement shall include and incorporate the terms,
conditions, and specifications set forth in the City's Invitation to Bid No. ITB2020-124PS
and the Contractor's response to the Invitation to Bid, including all documentation
required thereunder.
ARTICLE 2. SCOPE OF WORK
The Contractor shall perform miscellaneous public works projects, on an as -needed basis
as identified in the specifications accompanying the City's Invitation to Bid, and such work
projects shall be under the category and items awarded to the Contractor, as detailed in
the Award Summary, attached hereto and incorporated herein as Exhibit "A."
Page I 1 of 8
DocuSign Envelope ID: 078926F8-CF57-4989-954F-OE855F72A219
City of Palm Beach Gardens
Agreement No. ITB2020-124PS (A)
Miscellaneous Public Works Projects
Nothing in this Agreement shall be construed as the City's guarantee of work to the
Contractor during the term of this Agreement. The City shall assign work based on its
needs and priorities. The City shall first solicit price quotations from the designated
Primary Vendor based on the awarded rates as shown in attached Exhibit "A."
Where more than one bidder is designated as Primary or Secondary Vendors, the City
shall request best and final offers from both vendors at the time price quotations are
solicited for a specific project.
ARTICLE 3. PAYMENTS AND CONTRACT VALUE
The City shall pay the Contractor for work that has been completed and has been
reviewed, inspected, and accepted by the City, according to the terms and conditions of
the Invitation to Bid.
The City shall pay the Contractor based on the rates established in this Agreement and
as described on the subsequent City Purchase Order. The Contractor shall not
commence any work under this Agreement until a City Purchase Order has been issued
for the specific work project, and the Contractor has received written notice from the City
to proceed with the work.
The estimated value of this Agreement for all work projects during the five- (5) year term
shall be Ten Million Dollars ($10,000,000) and as may be amended and increased by the
City at its sole discretion.
Progress payments shall be made for work completed by the Contractor, and reviewed,
inspected, and accepted by the City.
All payments shall be made in accordance with the Florida Prompt Payment Act, Section
218.74, Florida Statutes, on the presentation of a proper invoice by the Contractor.
ARTICLE 4. MISCELLANEOUS PROVISIONS
a. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be
hand delivered, telecommunicated, or sent by overnight delivery service to the
following addresses:
As to the City: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Email: rferris(a),pbgfi.com
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DocuSign Envelope ID: 078926F8-CF57-4989-954F-OE855F72A219
City of Palm Beach Gardens
Agreement No. ITB2020-124PS (A)
Miscellaneous Public Works Projects
With a copy to: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Email: mlohman(a)-pbgfl.com
As to the Contractor: D.S. Eakins Const. Corp.
1481 Kinetic Road
Lake Park, Florida 33403
Attn: D. Steven Eakins, Jr., Vice President
Email: Steve(a)-dseakins.com
b. Entire Agreement. This Agreement constitutes the entire understanding and
agreement between the parties with respect to the subject matter hereof.
C. Binding Effect. All of the terms and provisions of this Agreement, whether so
expressed or not, shall be binding upon, inure to the benefit of, and be enforceable
by the parties and their respective legal representatives, successors, and
permitted assigns.
d. Assignability. This Agreement may not be assigned without the prior written
consent of all parties to this Agreement.
e. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed
invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so
far as possible.
Governing Law and Venue. This Agreement and all transactions contemplated by
this Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Florida without regard to any contrary conflicts of law
principle. Venue for all proceedings in connection herewith shall lie exclusively in
Palm Beach County, Florida, and each party hereby waives whatever its respective
rights may have been in the selection of venue. This Agreement shall not be
construed against the party who drafted the same as all parties to this Agreement
have had legal and business experts review the adequacy of the same.
g. Headings. The headings contained in this Agreement are for convenience of
reference only and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
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DocuSign Envelope ID: 078926F8-CF57-4989-954F-OE855F72A219
City of Palm Beach Gardens
Agreement No. ITB2020-124PS (A)
Miscellaneous Public Works Projects
h. Construction. The parties acknowledge that each has shared equally in the
drafting and preparation of this Agreement, and accordingly, no Court or
Administrative Hearing Officer construing this Agreement shall construe it more
strictly against one party than the other, and every covenant, term, and provision
of this Agreement shall be construed simply according to its fair meaning.
i. Attorney's Fees and Costs. It is hereby understood and agreed that in the event
any lawsuit in the judicial system, federal or state, is brought to enforce the terms,
conditions, and/or obligations set forth in this Agreement or interpret same, or if
any administrative proceeding is brought for the same purposes, each party shall
be responsible for its own attorney's fees and costs, including fees and costs on
appeal.
Equal Opportunity. The City and the Contractor agree that no person shall be
discriminated against in the performance of this Agreement on the grounds of race,
color, gender, national origin, ancestry, marital status, disability, religion, creed, or
age.
ARTICLE 5. TERM
The term of this Agreement shall be from January 1, 2021, through December 31, 2025,
until the Contractor has completed all elements of work, and the work has been reviewed,
inspected, and accepted by the City, inclusive of all warranty periods, unless terminated
beforehand as provided for in Article 6.
ARTICLE 6. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon providing
thirty (30) days' prior written notice to the Contractor. This Agreement may be terminated
by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such
termination, the Contractor waives any claims for damages from such termination,
including, but not limited to, loss of anticipated profits.
Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for
work performed and accepted through the date of termination in accordance with the
terms of this Agreement.
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DocuSign Envelope ID: 078926F8-CF574989-954F-OE855F72A219
City of Palm Beach Gardens
Agreement No. ITB2020-124PS (A)
Miscellaneous Public Works Projects
ARTICLE 7. ACCESS AND AUDIT OF RECORDS
The City reserves the right to require the Contractor to submit to an audit by an auditor of
the City's choosing. Subject to reasonable advance notice, the Contractor shall provide,
at its place of business during regular business hours, access to all of its records that
relate directly or indirectly to this Agreement. The Contractor shall retain all records
pertaining to this Agreement, and upon request make them available to the City for five
5) years following expiration of this Agreement. The Contractor agrees to provide such
assistance as may be necessary to facilitate the review or audit by the City to ensure
compliance with applicable accounting and financial standards.
ARTICLE 8. OFFICE OF THE INSPECTOR GENERAL
Palm Beach County has established the Office of the Inspector General that is authorized
and empowered to review past, present, and proposed City programs, contracts,
transactions, accounts, and records. The Inspector General (IG) has the power to
subpoena witnesses, administer oaths, require the production of records, and monitor
existing projects and programs. The IG may, on a random basis, perform audits on all
City agreements.
ARTICLE 9. PUBLIC RECORDS
Pursuant to Chapter 119, Florida Statutes, the Contractor shall comply with the public
records law by keeping and maintaining public records required by the City of Palm Beach
Gardens in order to perform the service. Upon request from the City's custodian of public
records, the Contractor shall provide the City with a copy of 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. The Contractor shall 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 this Agreement term and following completion of this
Agreement. Upon completion of this Agreement, the Contractor shall transfer to the City,
at no cost, all public records in possession of the Contractor or keep and maintain public
records required by the City of Palm Beach Gardens in order to perform the service. If
the Contractor transfers all public records to the City upon completion of this Agreement,
the Contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of this Agreement, the Contractor shall meet
all applicable requirements for retaining public records. All records stored electronically
must be provided to the City of Palm Beach Gardens, upon request from the City's
custodian of public records, in a format that is compatible with the information technology
systems of the City of Palm Beach Gardens.
Page 15 of 8
DocuSign Envelope ID: 078926F8-CF574989-954F-OE855F72A219
City of Palm Beach Gardens
Agreement No. ITB2020-124PS (A)
Miscellaneous Public Works Projects
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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT THE OFFICE OF THE CITY CLERK LOCATED AT 10500 NORTH
MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410, PHONE
NUMBER (561) 799-4122, EMAIL ADDRESS: PSNIDER(@-PBGFL.COM.
ARTICLE 10. SUPERIORITY OF OTHER FORMS OR DOCUMENTS
If the City is required by the Contractor to complete and execute any other forms or
documents in relation to this Agreement, the terms, conditions, and requirements in this
Agreement shall take precedence to any and all conflicting or modifying terms, conditions,
or requirements of the Contractor's forms or documents. Additionally, in the event of a
conflict between the terms and conditions set forth in this Agreement and any attachments
or exhibits hereto, the terms and conditions set forth herein shall prevail.
ARTICLE 11. LICENSES, PERMITS, AND FEES
The Contractor shall hold all licenses and/or certifications, obtain and pay for all permits
and/or inspections, and comply with all laws, ordinances, regulations, and building code
requirements applicable to the work to be performed. Damages, penalties, and/or fines
imposed on the City or the Contractor for failure to obtain and maintain required licenses,
certifications, permits, and/or inspections shall be borne by the Contractor.
ARTICLE 12. FORCE MAJEURE
The City and the Contractor are excused from the performance of their respective
obligations under this Agreement when and to the extent that their performance is delayed
or prevented by any circumstances beyond their control, including fire, flood, explosion,
strikes or other labor disputes, pandemics, natural disasters, public emergency, war, riot,
civil commotion, malicious damage, act or omission of any governmental authority, delay
or failure or shortage of any type of transportation, equipment, or service from a public
utility needed for their performance, provided that:
The non -performing party gives the other party prompt written notice describing
the particulars of the force majeure, including, but not limited to, the nature of the
occurrence and its expected duration, and continues to furnish timely reports with
respect thereto during the period of the force majeure.
The excuse of performance is of no greater scope and of no longer duration than
is required by the force majeure.
Page 16 of 8
DocuSign Envelope ID: 078926F8-CF57-4989-954F-OE855F72A219
City of Palm Beach Gardens
Agreement No. ITB2020-124PS (A)
Miscellaneous Public Works Projects
No obligations of either party that arose before the force majeure causing the
excuse of performance are excused as a result of the force majeure.
The non -performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused for a period in excess of
two (2) months, provided that in extenuating circumstances the City may excuse
performance for a longer term. Economic hardship of the Contractor shall not constitute
a force majeure. The term of the Agreement shall be extended by a period equal to that
during which either party's performance is suspended under this section.
The remainder of this page is intentionally left blank.)
Page 17 of 8
DocuSign Envelope ID: 078926F8-CF574989-954F-OE855F72A219
City of Palm Beach Gardens
Agreement No. ITB2020-124PS (A)
Miscellaneous Public Works Projects
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date hereinabove first written.
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
LEGAL SUFFICIENCY
By:
R. Max Vol/&, City Attorney
CITY OF PALM B CH GARDENS, FLORIDA
By:
I ."Woods, Mayor
D.S. EAKINS CONST. CORP.
Do uftned by:
C . 9t µt. 156-S)
By. E0FF2987NWD2.
Steven Eakins, Vice President
Shared Documents/AGREEMENTS/Misc PW Proj ITB/2020/DS Eakins-Misc PW Projects-ITB2020-124PS (A) Agmt.docx
Page 18 of 8
City of Palm Beach Gardens
Agreement No. ITB2020-124PS (A)
MiscEdli ineous Public Works Projects
EXHIBIT "A"
City of Palm Beach Gardens, Florida
L
Bid Tabulation
ITB No.: ITB2020-124PS A
Bid Title: Miscellaneous Public Works Projects BEACH ,rALM
eid Opening Date: August 28, 2020 @ 3:00 P.M. AC
Prepared by: k_I R,c
VENDOR NAME
D.S. EAKINS CONST CORP DEEVAN, INC. FERREIRA CONSTRUCTION FLYING SCOT FOSTER MARINE CONT HEAVY CIVIL, INC. HINTERLAND GROUP JW CHEATHAM, LLC MURRAY LOGAN CONST R& D PAVING, LLC RANGER CONSTRUCTION SOUTH FLORIDA BUILDING WAYPOINT CONTRACTING
Vendor FEIN 59-1691997 65-0101816 22-333495 65-1070173 59-1054370 46-5439171 20-5156844 20-1928479 59-1208353 45-4469049 59-2098662 47-3298344 81-4602789
Corporation Address (State): Lake Park, FL Lake Park, FL Branchburg, NJ Wellington, FL Wellington, FL Pompano Beach, FL Riviera Beach, FL West Palm Beach, FL West Palm Beach, FL West Palm Beach, FL West Palm Beach, FL Hobe Sound, FL Donal, FL
Are Submittal Forms Complete? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Addenda Acknowledged (Yes/No): Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Vendor Contact D. Steven Eakins, Jr. Van C.Williams John Ciabattari Shawn Cunningham R. Howard Wight Todd Kneisel Chase Rogers Thomas Uhrig Edward OLeary Nancy G. Rosso F. Scott Fowler Stephen Zippi Katrina Gonzalez
Vendor Contact Phone Number 561. 842.0001 561.844.5518 772.286.5123 561. 966.0089 561.683.0034 954.597.6443 561.640.3503 561. 471.4100 561.686.3948 561.588.6681 561. 793.9400 561. 510.3800 786. 608.1406
Vendor Contact Email steve@dseakins.com lackie(@deevaninc.com ciabattari@ferreiraconstruction.com shawn@flvingscotinc.com howard(@foster-marine.net ruciv@heawcivilinc.com info@hinterlanderoun.com iwctom@Iwcheatham.com edo@murravlogan.com ancv@randdoaving.com estimating@ rangerconstructicm. steveir@bdimarineandsite.com kgonzalez@wavpointci.com
N0. DESCRIPTION UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNITPRICE UNIT UNITPRICE UNIT U.-PRICE UNIT UNIT PRICE
SCHEDULE OF VALUES JML
AREAS OF SPECIFIC WORK
1 Removal, saw cut, and disposal of 4"thick concrete SF 3.00 SF NO BID SF 2.20 SF 1.75 SF 3.00 SF 1.95 SF 4.00 SF 3.00 SF 6.50 SF 4.50 SF 3.90 SF 3.00 SF 3.70
2 Removal, saw cut, and disposal of 6" thick concrete SF 4.00 SF NO BID SF 2.20 SF 225 SF 3.50 SF 2.15 SF 5.00 SF 4.00 SF 7.00 SF 5.00 SF 3.90 SF 3.50 SF 4.50
3 F&1,4" concrete with wire SF 5.75 SF NO BID SF 5.56 SF 3.00 SF 5.00 SF 3.50 SF 6.50 SF 5.00 SF 8.00 SF 7.50 SF NO BID SF 4.75 SF 6.20
4 F&1,4" concrete without wire SF 5.50 SF NO BID SF 5.12 SF 3.00 SF 4.75 SF 3.30 SF 6.00 SF 4.50 SF 7.50 SF 7.00 SF NO BID SF 4.25 SF 5. 50
5 F&1,4" concrete with polypropylene fiber mix reinforce SF 5.75 SF NO BID SF 5.61 SF 3.00 SF 5.50 SF 3.50 SF 6.50 SF 5.00 SF 8.50 SF 7.50 SF NO BID SF 5.25 SF 6.15
6 F&1,6" concrete with polypropylene fiber mix reinforce SF 6.75 SF NOBID SF 6.42 SF 4.00 SF 6.50 SF 4.75 SF 7.50 SF 6.00 SF 9.50 SF 8.00 SF NO BID 5F 6.00 SF 7.00
7 F&1,6" concrete with wire SF 6.75 SF NO BID SF 5.86 SF 4.00 SF 5.50 SF 4.50 SF 7.50 SF 6.00 SF 9.00 SF 9.00 SF NO BID SF 6.25 SF 7.25
8 F&1,6" concrete without wire SF 6.50 SF NO BID SF 5.61 SF 4.00 SF 5.25 SF 4.20 SF 7.00 SF 5.50 SF 8.50 SF 8.50 SF NO BID SF 6.00 SF 6.55
9 F&I, 6" pervious concrete SF 12.00 SF NO BID SF 10.51 SF NO BID SF 9.00 SF 7.00 SF 20.00 SF 9.00 SF 13.00 SF 30. 00 SF NO BID SF 7.50 SF 10.50
10 F&1,4" stamped concrete with wire SF 11.50 SF NOBID SF 8.01 SF 5.00 SF 12.50 SF 5.15 SF 12.00 SF 11.00 SF 16.00 SF 13.00 SF NO BID SF 8.00 SF 13.75
11 F&1,4" stamped concrete without wire SF 11.00 SF NOBID SF 8.73 SF 5.00 SF 12.75 SF 4.70 SF 11.50 SF 10.00 SF 14.50 SF 12.00 SF NO BID SF 8.25 SF 14.25
12 F&1,6" stamped concrete with wire SF 13.50 SF NOBID SF 9.24 SF 6.00 SF 14.00 SF 6.00 SF 12.00 SF 12.00 SF 17.50 SF 15.00 SF NO BID SF 9.25 SF 16.00
13 F&1,6" stamped concrete with wire SF 13.00 SF NOBID SF 8.97 SF 6.00 SF 13.75 SF 5.50 SF 11.50 SF 11.00 SF 17.00 SF 14.00 SF NO BID SF 9.00 SF 1.75
14 F&I,8" pervious concrete SF 12.00 SF NO BID SF 12.35 SF NO BID SF 12.00 SF 11.20 SF 25.00 SF 12.00 SF 20.00 SF 35. 00 SF NO BID SF 11.00 SF 16.00
15 F&I, FOOT concrete bumperguard EA 60.00 EA NO BID EA 77.70 EA NO BID EA 60.00 EA 40.00 EA 65.00 EA 35.00 EA 45,00 EA 60.00 EA NO BID EA 39.00 EA 75.00
16 F&I, ADA-compliant detectable surface SF 45.00 SF NO BID SF 48.51 SF SF 50.00 SF 25. 00 SF 45.00 SF 35.00 SF 18.00 SF 40.00 SF NO BID SF 24.00 SF 45.00
17 F&I,ADA-compliant welded aluminum handrail LF 125.00 LF NOBID LF NO BID LF 100,00 LF 150.00 LF 80.00 LF 125.00 LF 250.00 LF 90.00 LF 200.00 LF NO BID LF 40.00 LF 105.00
18 F&I, FOOT Type"A"curb - by hand LF 30.00 LF NOBID LF 24.73 LF 14.00 LF 30.00 LF 22.00 LF 35.00 LF 25.00 LF 38.00 LF 40.00 LF NOBID LF 23,00 LF 34.00
19 F&I, FOOT Type"A"curb - by machine LF 30.00 LF NOBID LF 17.38 LF NO BID LF 25.00 LF 22.00 LF 35. 00 LF 22.00 LF 38.00 LF 40. 00 LF NO BID LF 26. 00 LF 32. 00
20 F&I, FDOTType"B"curb - by hand LF 30.00 LF NOBID LF 25.34 LF 14.00 LF 30.00 LF 22.00 LF 35.00 LF 25.00 LF 38.00 LF 40.00 LF NO BID LF 25.00 LF 32.00
21 F&I, FDOTType"B"curb - by machine LF 30.00 LF NOBID LF 17. 38 LF NO BID LF 25.00 LF 22.00 LF 35.00 LF 22.00 LF 38.00 LF 40.00 LF NO BID LF 26.00 LF 31.00
22 F&I, FDOTType"D"curb - by hand LF 25.00 LF NO BID LF 24.73 LF 16.00 LF 25.00 LF 20.00 LF 35.00 LF 25.00 LF 38.00 LF 30.00 LF NO BID LF 24.00 LF 34.00
23 F&I, FDOTType"D"curb - by machine LF 22.50 LF NO BID LF 17. 38 LF NO BID LF 22.00 LF 20.00 LF 35.00 LF 22.00 LF 38.00 LF 22.00 LF NO BID LF 27.00 LF 33.00
24 F&I, FDOTType"E"curb - by hand LF 30.00 LF NO BID LF 17. 38 LF 16.00 LF 30.00 LF 22. 00 LF 35.00 LF 26.00 LF 38.00 LF 40. 00 LF NO BID LF 25.00 LF 34. 50
25 F&I, FDOTType"E"curb - by machine LF 30.00 LF NO BID LF 17. 38 LF NO BID LF 25.00 LF 22.00 LF 35.00 LF 24.00 LF 38.00 LF 40.00 LF NO BID LF 28.00 LF 34.30
26 F&I, FDOTType"F"curb - by hand LF 25.00 LF NO BID LF 28,40 LF 18.00 LF 30.00 LF 22.00 LF 35.00 LF 26.00 LF 38.00 LF 35.00 LF NO BID LF 25.00 LF 37.50
27 F&I, FDOTType"F"curb - by machine LF 25.00 LF NO BID LF 17.99 LF NO BID LF 25.00 LF 22.00 LF 35.00 LF 24.00 LF 38.00 LF 35.00 LF NO BID LF 28.00 LF 35.00
28 F&I, FOOT Valley Gutter - by hand LF 25.00 LF NO BID LF 25, 34 LF 18.00 LF 30.00 LF 20.00 LF 30.00 LF 22.00 LF 38.00 LF 32.00 LF NO BID LF 24.00 LF 38.00
29 F&I, FOOT valley Gutter - by machine LF 25.00 LF NO BID LF 17. 38 LF NO BID LF 25.00 LF 18.00 LF 30.00 LF 20.00 LF 38.00 LF 32.00 LF NO BID LF 26. 00 LF 37.25
30 F&I, FOOT Shoulder Gutter - by hand LF 35.00 LF NO BID LF 30.85 LF 18.00 LF 30.00 LF 28.00 LF 30.00 LF 32.00 LF 38.00 LF 40.00 LF NO BID LF 32.00 LF 40.00
31 F&I, FOOT Shoulder Gutter - by machine LF 30.00 LF NO BID LF 22.89 LF NO BID LF 25.00 LF 28.00 LF 30.00 LF 30.00 LF 38.00 LF 40.00 LF NO BID LF LF 39.00
32 F&I, FOOT asphaltic concrete curb LF 30.00 LF NO BID LF 24.73 LF NO BID LF 25.00 LF 22.00 LF 30.00 LF 25.00 LF 40.00 LF 22.00 LF 25.00 LF 22.00 LF 30.00
33 F&I, conduit - 2" (18" - 24" depth) LF 11.50 LF NO BID LF 7.98 LF NO BID LF 11.00 LF 17.00 LF 12.00 LF 6.00 LF 11.00 LF 8,80 LF 19.55 LF 9.00 LF 12.00
34 Installation only of conduit - 2" (18" - 24" depth) LF 10.00 LF NO BID LF 3.39 LF NO BID LF 10.00 LF 15.00 LF 10.00 LF 5.00 LF 10.00 LF 3.75 LF 17. 05 LF 5.00 LF 18.00
35 F&I, conduit - 4" (18" - 24" depth) LF 14.50 LF NOBID LF 9.00 LF NO BID LF 14.00 LF 31.00 LF 15.00 LF 10.00 LF 14.00 LF 9.90 LF 37.00 LF LF 18.00
36 F&I, conduit - 6" (18" - 24" depth) LF 16.50 LF NOBID LF 9.00 LF NO BID LF 16.00 LF 42.00 LF 18.00 LF 16.00 LF 17.00 LF 9.90 LF 48.00 LF 11.50 LF 24.00
37 F&I, conduit - 2" (24" - 36" depth) LF 13.50 LF NO BID LF 7.03 LF NO BID LF 20.00 LF 19.00 LF 14.00 LF 8.00 LF 12.00 LF 7.75 LF 21.45 LF 9.50 LF 12. 10
38 Installation only of conduit - 2" (24" - 36" depth) LF 12.00 LF NO BID LF 2.45 LF NO BID LF 16.00 LF 17.00 LF 12.00 LF 7.00 LF 11.00 LF 2.70 LF 19.55 LF 5.00 LF 8.05
39 F&I, conduit - 4" (24" - 36" depth) LF 16.50 LF NO BID LF 9.00 LF NO BID LF 18.00 LF 32.00 LF 16.00 LF 12.00 LF 15.00 LF 9.90 LF 38.00 LF 12.00 LF 24. 00
40 F&I, conduit - 6" (24" - 36" depth) LF 18.50 LF NOBID LF 9.00 LF NO BID LF 20.00 LF 43.00 LF 18.00 LF 17.00 LF 15.00 LF 9.90 LF 50.00 LF 13.00 LF 35.00
41 F&I, 2' x 2' pull boxes (includes weeps and ground rods) EA 1,500.00 EA NOBID EA 2,419.70 EA NO BID EA 850.00 EA 1,650.00 EA EA 700.00 EA 600.00 EA 2,662.00 EA 1,890.00 EA 425.00 EA 820.00
42 Installation 2'x 2' pull boxes EA 800.00 EA NOBID EA 1,194.54 EA NO BID EA 500.00 EA 1,350.00 EA 400.00 EA 550.00 EA 500.00 EA 1,314.00 EA 1,510.00 EA 400.00 EA 525.00
43 F&I, pull wire within conduit LF 4.00 LF NO BID LF 3.06 LF NO BID LF 6.00 LF 6.50 LF 3.00 LF 1.00 LF 10.00 LF 3.40 LF 7.25 LF 1.30 LF 10.50
44 F&I, tracing wire within conduit(#12 Cu) LF 4.00 LF NO BID LF 2. 02 LF NO BID LF 4.00 LF 2.00 LF 2.00 LF 1.50 LF 5.00 LF 2.25 LF 2.20 LF 1.55 LF 8.00
45 Supply, place and compact clean fill CY 11.00 CV NOBID CY 24.90 CY 30.00 CY 14.00 CY 13.40 CY 20.00 CY 20.00 BY 16,00 CY 16.00 CY 20.85 CV 17,00 CV 28.00
46 F&I, natural stone riprap w/filter fabric TN 120.00 TN NOBID TN 114.33 TN NO BID TN 175.00 TN 110.00 TN 120.00 TN 110.00 TN 100.00 TN 110.00 TN 180.00 TN 75.00 TN 215.00
47 F&I, broken concrete riprap w/filter fabric TN 100.00 TN NOBID TN NO BID TN NO BID TN 150.00 TN 100.00 TN 85.00 TN 100.00 TN 100.00 TN 100.00 TN 110.00 TN 55.00 TN 145.00
48 Supply and install sand -cement riprap w/filter fabric CY 800.00 CV NOBID By 728.17 CY NO BID CV 600.00 CY 560.00 CV 600.00 CY 660.00 BY 1,000.00 CV 660.00 CY 690.00 CV 425.00 CY 750.00
49 Special saw cuts for pavement and concrete LF 2.00 LF NO BID LF 2. 67 LF 5.00 LF 3.00 LF 2.00 LF 2.00 LF 10.00 LF 8.00 LF 5.00 LF 3.15 LF 2.00 LF 3.00
50 Removal and disposal of existing driveway culvert pipe LF 10.00 LF NOBID LF 83.00 LF NO BID LF 25.00 LF 10.00 LF 15,00 LF 50.00 LF 40.00 LF 140.00 LF 130.00 LF 10.00 LF 57.00
51 F&I, Bahia sod - up to 1,000 SF SF 1.50 SF NOBID SF 0.98 SF 1.15 SF 1.00 SF 0.35 SF 1.00 SF 0.50 SF 0.75 SF 0.75 SF NO BID SF 0.38 SF 0.52
52 F&I, Bahia sod - over 1,000 SF SF 1.00 SF NOBID SF 0.46 SF 1.00 SF 0.75 SF 0.25 SF 0.50 SF 0.40 SF 0.70 SF 0.50 SF NO BID SF 0.33 SF 0.45
53 F&I, Floratam sod - up to 1,000 SF SF 2.00 SF NOBID SF 0.60 SF 0.90 SF 1.25 SF 0.40 SF 1.25 SF 0.75 SF 1.00 SF 1.35 SF NO BID SF 0.48 SF 0.72
54 F&I, Floratam sod - over 1,000 SF SF 1.50 SF NOBID SF 1.28 SF 0.85 SF 1.00 SF 0.38 SF 0.75 SF 0.65 SF 0.90 SF 0.95 SF NO BID SF 0.47 SF 0.58
55 F&I, FOOT seed and mulch mix SF 0.25 SF NOBID SF 0.29 SF NO BID SF 0.20 SF 0.12 SF 0.25 SF 0.30 SF 0.18 SF 0.10 SF NO BID SF 0.13 SF 0.35
56 Furnish operator, water truck and irrigate sod or seed mix HR 100.00 HR NOBID HR 85.01 HR NO BID HR 100.00 HR 65.00 HR 90.00 HR 93.00 HR 120.00 HR 130.00 HR 130.00 HR 85.00 HR 100.00
57 FOOT guard rail with no end treatment LF 30.00 LF NO BID LF 30. 01 LF NO BID LF 50.00 LF 40. 00 LF 35.00 LF 30.00 LF 60.00 LF NO BID LF NO BID LF 29.00 LF 75.00
58 FOOT guard rail with end treatment LF 80,00 LF NO BID LF 60.64 LF NO BID LF 60.00 LF 65. 00 LF 80.00 LF 55.00 LF 70.00 LF NO BID LF NO BID LF 65.00 LF 125.00
59 Re -grade swales - up to 1,000 CV CY 20.00 CV NO BID By 3.11 BY 40.00 CV 15.00 CY 7.45 CY 10.00 BY 14.00 CY 20.00 CY 25. 00 CY 12.50 CV 9.50 CY 30. 00
60 Re -grade swales- over 1,000 CV CY 15.00 CY NO BID CY 3.11 CY 35.00 CY 10.00 CY 6.00 CY 6.00 CV 14. 00 CY 19.00 CV 25.00 CY 6.25 CV 6.50 CY 26.00
61 Canal wash out repair (sand and silt) CY 75.00 CV NO BID CY 180.36 BY NO BID CV 150.00 CY 110.00 CY 100.00 CV 75.00 BY 40.00 CV 175.00 CY 220.00 CV 80.00 CY 250.00
62 Canal excavation (60' ROW)- upto 1,000 CV CY 20.00 CV NO BID CY 23.50 BY NO BID CV 20.00 CY 10.75 CY 15.00 CV 10.00 BY 9.00 CV NO BID CY 27.00 CV 12.00 CV 35.00
63 Canalexcavation(100'ROW)-upto1,000CY CY 20.00 CV NO BID Cy 23.50 BY NO BID CV 20.00 CY 10,75 CY 20.00 BY 10.00 BY 10.00 CV NO BID CY 27.00 CV 12.00 BY 38.00
64 Canalexcavation(0'ROW)-over 1,000 CY CY 15.00 CV NO BID By 28.69 BY NO BID CV 20.00 CY 9.90 CY 12.00 CY 10.00 CY 9.00 CY NO BID CY 27.00 CV 12.00 CY 38. 00
65 Canalexcavation(100'ROW)-over 1,000 CY CY 15.00 CV NO BID CY 15.27 CY NO BID CV 20.00 CY 10. 75 CY 15.00 CY 10.00 CY 10.00 CV NO BID CY 27.00 CV 12.00 CY 40.00
66 Lake canal bank restoration (wash out repair) CY CV NO BID CY 180.36 CY NO BID CV 150.00 CY 75.00 CY 100.00 BY 7 t CY 25.00 CY NO BID CY 200.00 CV 80.00 CY 175.00
ITB No.: 1TB2020-124PS - W -
BidTitle: Miscellaneous Public Works Projects
eAUA aF.tcx
Bid Opening Date: August 28, 2020 @ 3:00 P.M. aiidPsad
Prepared by: V- RA
VENDOR NAME D.S. EAKINS CONST CORP DEEVAN, INC. FERREIRA CONSTRUCTION FLYING SCOT FOSTER MARINE CONT HEAVY CIVIL, INC. HINTERLAND GROUP 1W CHEATHAM, LLC MURRAY LOGAN CONST R& D PAVING, LLC RANGER CONSTRUCTION SOUTH FLORIDA BUILDING WAYPOINT CONTRACTING
Vendor FEIN 59-1691997 65-0101816 22-333495 65-1070173 59-1054370 46-5439171 20-5156844 20-1928479 59-1208353 45-4469049 59-2098662 47-3298344 81-4602789
67 FBI, Type Sill asphalt overlay -1" TN 140.00 TN NO BID TN 169.07 TN NO BID TN 160.00 TN 125.00 TN 165.00 TN 120.00 TN NO BID TN 145.00 TN 280.00 TN 185.00 TN 295.00
68 Mill existing pavement (3/4" -1" avg) SY 4.50 SY NOBID SY 2.74 SY NO BID SY 6.00 SY 2.05 SY 10.00 SY 4.00 SY NO BID SY 3.50 SY 120.010 SY 5.50 SY 12.50
69 Pavement replacement w/2" Type 5 SY 34.50 SY NOBID SY 2.41 SY NO BID SY 40.00 SY 15.00 SY 35.00 SY 31.00 SY NO BID SY 27.00 SY 26.00 SY 25.00 SY 18.00
70 Adjust manhole to grade EA 900.00 EA NOBID EA 268.58 EA NO BID EA 750.00 EA 350.00 EA 350.00 EA 500.00 EA NO BID EA 375.00 EA 680.00 EA 325.00 EA 575.00
71 Jack and bore-4" LF 50.00 LF NOBID LF NO BID LF NO BID LF 60.00 LF 95.00 LF 65.00 LF 35.00 LF 65.00 LF 77.00 LF 110.00 LF 48.00 LF 185.00
72 Directional bore-4" LF 50.00 LF NOBID LF 26.93 LF NO BID LF 60.00 LF 63.00 LF 35.00 LF 35.00 LF 65.00 LF 30.00 LF 73.00 LF 38.00 LF 85.00
73 Jack and bore-6" LF 75.00 LF NOBID LF NO BID LF NO BID LF 70.00 LF 140.00 LF 75.00 LF 45. 00 LF 75.00 LF 82.50 LF 160.00 LF 62.00 LF 225.00
74 Directional bore-6" LF 75.00 LF NOBID LF 32.04 LF NO BID LF 70.00 LF 84.0D LF 50.00 LF 45.00 LF 75.00 LF 35.25 LF 97.0D LF 58.00 LF 100.00
PAVEMENT MARKING
75 Thermoplastic Pavement Marking, Compound Lines
a White, 6" LF 1.25 LF NO BID LF 1.10 LF 1.10 LF 1.10 LF 1.00 LF 1.25 LF 0.90 LF NO BID LF 1.15 LF 1.05 LF 0.98 LF 1.05
b Yellow, 6" LF 1.25 LF NO BID LF 1.10 LF 1.10 LF 1.10 LF 1.00 LF 1.25 LF 0.90 LF NO BID LF 1.15 LF 1.05 LF 0.98 LF 1.05
c White, 8" LF 1.75 LF NO BID LF 1.35 LF 1.30 LF 1.65 LF 1.05 LF 2.00 LF 1.00 LF NO BID LF 1.75 LF 1.20 LF 1.30 LF 1.75
d White, 12" LF 2.00 LF NOBID LF 2.57 LF 2.50 LF 2.20 LF 1.62 LF 2.50 LF 1.60 LF NO BID LF 2.30 LF 1.90 LF 2.00 LF 1.85
e White, 18" LF 2.50 LF NO BID LF 3.31 LF 3.25 LF 3.30 LF 2.70 LF 3.50 j LF 2.70 LF NO BID LF 3.45 LF 3.15 LF 4.00 LF 3.05
f Yellow, 18" LF 3.50 LF NO BID LF 3.31 LF 3.25 LF 3.30 LF 2.70 LF 3.50 LF 2.70 LF NO BID LF 3.45 LF 3.15 LF 4.00 LF 3.05
g White, 24" LF 3.50 LF NO BID LF 6.43 LF 6.30 LF 7.25 LF 3.80 LF 8.00 LF 3.80 LF NO BID LF 7.70 LF 4.40 LF 4.50 LF 5.00
76 Arrows and Messages- White Only, Furnish & Install
a Tarn arrow EA 85.00 EA NO BID EA 91.89 EA 90.00 EA 80.00 EA 91. 00 EA 100.00 EA 92. 00 EA NO BID EA 80.85 EA 110.00 EA 75.00 EA V $80.00
b Straight arrow EA 85.00 EA NO BID EA 104.14 EA 100.00 EA 80.00 EA 91.00 EA 100.00 EA 92.00 EA NO BID EA 80.85 EA 110.00 EA 75.00 EA 80.00
c Straight/Fum arrows, combination EA 150.00 EA NO BID EA 208.28 EA 200.00 EA 145.00 EA 95.00 EA 180.00 EA 97.00 EA NO BID EA 150.15 EA 110.00 EA 110.00 EA 135.00
d Merge message EA 190.Do EA NO BID EA 349.17 EA 340.00 EA 180.00 EA 135.00 EA 200.00 EA 135.00 EA NO BID EA 190.30 EA 160.00 EA 150.00 EA 175.00
e RXR message EA 370.00 EA NO BID EA 520.70 EA 500.00 EA 350.00 EA 135.00 EA 400.00 EA 135.00 EA NO BID EA 369.60 EA 160.00 EA 250.00 EA 240.00
f School message EA 250.00 EA NO BID EA 520.70 EA 500.00 EA 195.0D EA 135.00 EA 250.00 EA 135.00 EA NO BID EA 202.40 EA 160.00 EA 175.00 EA 200.00
g Only message EA 200.00 EA NO BID EA 275.66 EA 270.00 EA 160.00 EA 135.00 EA 200.00 EA 135.00 EA NO BID EA 167.20 EA 160.00 EA 180.00 EA 150.00
h U-Turn message EA 250.00 EA NO BID EA 275.66 EA 270.00 EA 210.00 EA 130.00 EA 300.00 EA 130.00 EA NO BID EA 218.90 EA 150.00 EA 130.00 EA 175.00
i Bike lane symbol (diamond, arrow) EA 450.00 EA NO BID EA 428. 81 EA 420.00 EA 410.00 EA 378.00 EA 500.00 EA 378.00 EA NO BID EA 440.00 EA 440.00 EA 150.00 EA 275.00
j Handicap message EA 250.00 EA NO BID EA 238.91 EA 235.00 EA 195.00 EA 189.00 EA 250.00 EA 189.00 EA NO BID EA 202.40 EA 220.00 EA 130.00 EA
77 Raised Reflective Pavement Markers -Thermoplastic
a Red and amber; bi-directional EA 6.25 EA NO BID EA 5.51 EA EA 5.80 EA 5.40 EA 6.00 EA 5.50 EA NO BID EA 5.75 EA 6.30 EA 5.50 EA 7.25
b Amber; bi-directional EA 6.25 EA NO BID EA 5.51 EA 5.50 EA 5.80 EA 5.40 EA 6.00 EA 5.50 EA NO BID EA 5.75 EA 6.30 EA 5.25 EA 7.00
c White and red; bi-directional EA 6.25 EA NO BID EA 5. 51 EA 5.50 EA 5.80 EA 5.40 EA 6.00 EA 5.50 EA NO BID EA 5.75 EA 6.30 EA 5.30 EA 6.00
78 Raised Reflective Pavement Markers- Epoxy
a Red and amber; bi-directional EA 6.25 EA NO BID EA 6.74 EA 6.50 EA 5.80 EA 6.20 EA 6.- EA 6.20 EA NO BID EA 5.75 EA 7.25 EA 6.30 EA 7.25
b Amber;bi-directional EA 6.25 EA NO BID EA 6.74 EA 6.50 EA 5.80 EA 6.20 EA 6.00 EA 6.20 EA NO BID EA 5.75 EA 7.25 EA 5.50 EA 6.50
c White and red; bi-directional EA 6.25 EA NOBID EA 6.74 EA 6.50 EA 5.80 EA 6.20 EA 6.00 EA 6.20 EA NO BID EA 5.75 EA 7.25 EA EA 6.50
79 Traffic Paint Lines
a White, 4" LF 0.50 LF NOBID LF 0.34 LF 0.35 LF 0.40 LF 0.32 LF 1.00 LF 0.35 LF NO BID LF 0.40 LF 0.40 LF 0.40 LF 0.65
b Yellow, 4" LF 0.50 LF NOBID LF 0.34 LF 0.35 LF 0.40 LF 0.32 LF 1.00 LF 0.35 LF NO BID LF 0.40 LF 0.40 LF 0.40 LF 0.65
c White, 6" LF 0.75 LF NOBID LF 0.47 LF 0.45 LF 0.45 LF 0.40 LF 1.00 LF 0.40 LF NO BID LF 0.45 LF 0.45 LF 0.40 LF 0.85
d Black, 6" LF 0.75 LF NO BID LF 0.55 LF 0.55 LF 0.55 LF 0.40 LF 1.00 LF 0.40 LF NO BID LF 0.60 LF 0.45 LF 0.80 LF 0.90
e Blue, 6" LF 1.00 LF NOBID LF 0. 67 LF 0.65 LF 0.90 LF 0.40 LF 1.00 LF 0.40 LF NO BID LF 0.95 LF 0.45 LF 0.80 LF 0.90
f Yellow, 6" LF 0.50 LF NO BID LF 0.47 LF 0.45 LF 0.45 LF 0.40 LF 1.00 LF 0.40 LF NO BID LF 0.45 LF 0.45 LF 0.45 LF 0.90
g White, 18" LF 2.00 LF NOBID LF 1.41 LF 1.40 LF 1.55 LF 1.10 LF 2.00 LF 1.10 LF NO BID LF 1.65 LF 1.25 LF 1.50 LF 1.50
h White, 12" LF 1.50 LF NO BID LF 0.92 LF 0.90 LF 1.10 LF 0.80 LF 1.50 LF 0.80 LF NO BID LF 1.15 LF 0.95 LF 1.00 LF 1.25
Yellow, 18" LF 2.00 LF NO BID LF 1.41 LF 1.40 LF 1.55 LF 1.10 LF 2.00 LF 1.10 LF NO BID LF 1.60 LF 1.25 LF 1.50 LF 1.50
j White, 24" LF 4.00 LF NOBID LF LF 1.70 LF 3.30 LF 1.95 LF 4.00 LF 1.95 LF NO BID LF 3.45 LF 2.25 LF 2.00 LF 1.85
80 Arrows and Messages- White (Furnish and Install)
a Straight/Combo Arrow EA 175.00 EA NO BID EA 61.26 EA 60.00 EA 145.0D EA 48. 60 EA 200.00 EA 49.00 EA NO BID EA 154.00 EA 57.00 EA 55.00 EA 65.00
b Tarn arrow EA 85.00 EA NO BID EA 36.76 EA 35. 00 EA 80.00 EA 43.00 EA 150.00 EA 43.00 EA NO BID EA 81.40 EA 50.00 EA 23.00 EA 45.00
c Message (Only; School,' Merge and5traight Arrow) EA 200.00 EA NO BID EA 153.15 EA 150.00 EA 175.00 EA 76.00 EA 200.0D EA 76.00 EA NO BID EA 178.20 EA 88.00 EA 44.00 EA 70.00
d 6" Numbers (Per Digit) EA 30.00 EA NO BID EA 1.23 EA 1.20 EA 30.00 EA 5.40 EA 40. 00 EA 5.50 EA NO BID EA 29.15 EA 6.30 EA 2.00 EA 2.50
e 8" Numbers (Per Digit) EA 35.00 EA NO BID EA 1.53 EA 1.50 EA 35.00 EA 5.40 EA 50.00 EA 5.50 EA NO BID EA 33. 55 EA 6.30 EA 2.00 EA 3.00
f 10" Numbers (Per Digit) EA 40.00 EA NO BID EA 1.84 EA 1.80 EA 40.00 EA 5.40 EA 55.00 EA 5.50 EA NO BID EA 37.40 EA 6.30 EA 2.00 EA 5.00
g 12" Numbers (Per Digit) EA 45.00 EA NO BID EA 2. 21 EA 2.15 EA 40.00 EA 5.40 EA 65.00 EA 5.50 EA NO BID EA 41.80 EA 6.30 EA 2.20 EA 6.75
h 24" Numbers (Per Digit) EA 90.00 EA NO BID EA 3.49 EA 10. 25 EA 80.00 EA 7.55 EA 90.00 EA 7.50 EA NO BID EA 81.40 EA 8.85 EA 3.5 EA 7.20
81 Fire Lane and No Parking Messages -Yellow
a 4" Letters (Per Letter) EA 30.00 EA NO BID EA 53.04 EA 1.00 EA 25.00 EA 3.30 EA 35.00 EA 3.25 EA NO BID EA 25.30 EA 3.80 EA 2.10 EA 2.50
b 6" Letters (Per Letter) EA 30.00 EA NO BID EA 1.23 EA 1.20 EA 27.50 EA 3.30 EA 40.00 EA 3.25 EA NO BID EA 28.90 EA 3.80 EA 2.60 EA 3.00
c 8" Letters (Per Letter) EA 35.00 EA NO BID EA 1.53 EA 1.50 EA 32.00 EA 3.80 EA 45.00 EA 3.75 EA NO BID EA 33. 55 EA 4.40 EA 4.00 EA 4.75
d 12" Letters (Per Letter) EA 45.00 EA NO BID EA 2.21 EA 2.15 EA 39.00 EA 6.60 EA 50.00 EA 6.50 EA NO BID EA 40.70 EA 7.55 EA 6.00 EA 5.75
e 4'Letters(Per Letter) EA 140.00 EA NO BID EA 10.41 EA 10.25 EA 135.00 EA 11.00 EA 150.00 EA 11.00 EA NO BID EA 138.60 EA 12.60 EA 12.50 EA 12.00
82 Pavement marking rem oval
a Traffic Paint SF 2.50 SF NO BID SF 11. 33 SF 11.00 SF 2.20 SF 3.25 SF 3.00 SF 3.25 SF NO BID SF 2.30 SF 3.80 SF 2.50 5F 2. 25
b Thermoplastic SF 2.50 SF NO BID SF 4.53 SF 4.50 SF 2.20 SF 3.25 SF 3.00 SF 3.25 SF NO BID SF 2.30 SF 3.80 SF 3.00 5F 2.45
c Cold (Preformed) Plastic SF 3.00 SF NO BID SF 226.66 SF 200.00 SF 2.75 SF 3.25 SF 3.25 5F 3.25 5F NO BID 5F 2.75 SF 3.80 SF 3.50 SF 3. 15
d Construction Tape LF 1.50 LF NO BID LF 3.49 LF 3.50 LF 1.40 LF 1.10 LF 2.00 LF 1.10 LF NO BID LF 1.40 LF 1.25 LF 2.00 LF 2.55
e Pavement markers EA 1.00 EA NO BID EA 2.21 EA 2.15 EA 0.85 EA 0.55 EA 1.50 EA 0.55 EA NO BID EA 0.85 EA 0.65 EA 1.50 EA 3.50
83 Preformed (Cold) Plastic (Install Only)
a White, 24" LF 10.00 LF NO BID LF 6.74 LF 6.50 LF 8.80 LF 2.15 LF 20.00 LF 2.25 LF NO BID LF 9.90 LF 2.50 LF 25.00 LF 8.75
b Message (Only; School,' Merge; U-Tam; Bike Lane; etc.) EA 250.00 EA NO BID EA 594.21 EA 580.00 EA 225.0D EA 86.40 EA 250.010 EA 87.00 EA NO BID EA 236.50 EA 100.00 EA 600.00 EA 460.00
c Tam arrow EA 150.00 EA NO BID EA 91. 89 EA 90.00 EA 120.0D EA 43.20 EA 150.00 EA 43. 00 EA NO BID EA 127.60 EA 50.0) EA 220.00 EA 220.00
84 Preformed (Cold) Plastic (Furnish and Install)
a White of Yellow, 6" LF 11.00 LF NO BID LF 12. 25 LF 9.50 LF 10.50 LF 8.65 LF 15.00 LF 8.70 LF NO BID LF 11.00 LF 10.10 LF 8.50 LF 9.15
b White, 8" LF 13.00 LF NO BID LF 16. 85 LF 12.00 LF 12.25 LF 8.65 LF 16.00 LF 8. LF NO BID LF 12.95 LF 10.10 LF 10.00 LF 12. 85
c White or Yellow, 12" LF 21.50 LF NO BID LF 9.80 LF 16.50 LF 21.00 LF 16.20 LF 25.00 LF 16.00 LF NO BID LF 22.00 LF 18.90 LF 17.00 LF 17. 45
d White or Yellow, 18" LF 28.50 LF NO BID LF 12.25 LF 18.00 LF 27.00 LF 21.60 LF 30. 00 LF 22.00 1 LF NO BID LF 28. 60 LF 25.00 LF 25. 00 LF 25.25
ITB No.: 1TB2020-124PS --
Bid Title: Miscellaneous Public Works Projects
PALM BFACH
Bid O enin teDa: Au ust 28 2020 @ 3:00 P.M.
Prepared by: 1 RA
VENDOR NAME D.S. EAKINS CONST CORP DEEVAN, INC. FERREIRA CONSTRUCTION FLYING SCOT FOSTER MARINE CONT HEAVY CIVIL, INC. HINTERLAND GROUP JW CHEATHAM, LLC MURRAY LOGAN CONST R& D PAVING, LLC RANGER CONSTRUCTION SOUTH FLORIDA BUILDING WAYPOINT CONTRACTING
Vendor FEIN 59-1691997 65-0101816 22-333495 65-1070173 59-1054370 46-5439171 20-5156844 20-1928479 59-1208353 45-4469049 59-2098662 47-3298344 81-4602789
e White, 24" LF 35.00 LF NO BID LF 16.85 LF 22.25 LF 33.00 LF 34.55 LF 35.00 LF 35.00 LF NO BID LF 34.65 LF 40.00 LF 28.00 LF 28.05
f Message (Only; School,' Merge; Ramp; U-Tam; etc.) LF 850.00 LF NO BID LF 91.89 LF 600.00 LF 800.00 LF 405.00 LF 800.00 LF 4.05 LF NO BID LF 792.00 LF 470.00 LF LF 750.00
g Tarn arrow LF 350.00 LF NO BID LF 45.33 LF 280.00 LF 335.00 LF 205.00 LF 350.00 LF 205.00 LF NO BID LF 346.50 LF 240.00 LF 2.10 LF 315.00
85 Miscellaneous (Furnish and Install)
a Thermoplastic Ramble Strips (index 518) EA 250.00 EA NOBID EA 299.14 EA 690.00 EA 250.00 EA 405.00 EA 250.00 EA 405.00 EA NO BID EA 231.00 EA 470.00 EA 525.00 EA 675.00
b 9"Contra5ttape LF 15.00 LF NOBID LF 704.47 LF 18.00 LF 14.00 LF 6.50 LF 20. 00 LF 6.50 LF NO BID LF 16.50 LF 7.55 LF 14.00 LF 15. 85
c Flexible Dellneators(All Types) EA 110.00 EA NOBID EA 18.38 EA 225.00 EA 100.00 EA 52.90 EA 125.00 EA 53.00 EA NO BID EA 103.40 EA 62.00 EA 75.00 EA 105.00
d Foil Back Tape LF 1.75 LF NO BID LF 226.66 LF 3.25 LF 1.60 LF 0.80 LF 2.00 LF 0.80 LF NO BID LF 1.75 LF 0.95 LF 2.50 LF 3.05
86 Items for FDOT Projects Only
a 6"Solid White Paint LF 1.00 LF NO BID LF 3.31 LF 0.45 LF 0.85 LF 0.40 LF 1.20 LF 0.40 LF NO BID LF 0.90 LF 0.45 LF 0.38 LF 0.50
b 6"Solid White Thermoplastic LF 1.50 LF NO BID LF 0.47 LF 1.40 LF 1.25 LF 1.15 LF 1.50 LF 1.15 LF NO BID LF 1.35 LF 1.30 LF 1.08 LF 1.30
c 8"Solid Yellow Paint LF 1.75 LF NO BID LF 1.41 LF 0.55 LF 1.55 LF 0.55 LF 2.00 LF 0.55 LF NO BID LF 1.60 LF 0.65 LF 0.45 LF 0.68
d 8"Solid White Thermoplastic LF 2.00 LF NO BID LF 0.55 LF 1.70 LF 1.85 LF 1.35 LF 2.00 LF 1.35 LF NO BID LF 1.90 LF 1.60 LF 1.35 LF 1.75
e 8"Solid Yellow Thermoplastic LF 2.00 LF NO BID LF 1.72 LF 1.70 LF 1.85 LF 1.35 LF 2.00 LF 1.35 LF NO BID LF 1.90 LF 1.60 LF 1.35 LF 1.75
f 12- Solid White Paint LF 1.75 LF NO BID LF 0.80 LF 0.80 LF 1.65 LF 0.65 LF 2.00 LF 0.65 LF NO BID LF 1.75 LF 0.75 LF 0.86 LF 1.00
g 12" Solid White Thermoplastic LF 2.75 LF NO BID LF 2.57 LF 2.50 LF 2.55 LF 1.90 LF 3.00 LF 1.90 LF NO BID LF 2.65 LF 2.20 LF 2.18 LF 2.55
h 18" Solid White Point LF 2.75 LF NO BID LF 1.47 LF 1.45 LF 2.50 LF 1.10 LF 3.00 LF 1.10 LF NO BID LF 2.65 LF 1.25 LF 1.42 LF 2.30
i 18" Solid White Thermoplastic LF 4.00 LF NO BID LF 3.49 LF 3.45 LF 3.80 LF 2.70 LF 4.00 LF 2.70 LF NO BID LF 4.00 LF 3.15 LF 3.25 LF 3.50
j 24"Solid White Point LF 4.00 LF NO BID LF 1.72 LF 1.70 LF 3.65 LF 2.15 LF 5.00 LF 2.15 LF NO BID LF 3.80 LF 2.50 LF 1.79 LF 2.15
k 24" Solid White Thermoplastic LF 8.50 LF NO BID LF 6.43 LF 6.30 LF 7.70 LF 4.32 LF 8.00 LF 4.30 LF NO BID LF 8.10 LF 5.05 LF 4.60 LF 5.25
I 6"Solid Yellow Point LF 1.00 LF NO BID LF 0.47 LF 0.45 LF 0.85 LF 0.40 LF 1.25 LF 0.40 LF NO BID LF 0.90 LF 0.45 LF 0.41 LF 0. 50
in 6"Solid Yellow Thermoplastic LF 1.50 LF NO BID LF 1.41 LF 1.40 LF 1.25 LF 1.15 LF 1.50 LF 1.15 LF NO BID LF 1.35 LF 1.30 LF 1.12 LF 1.00
n 18" Solid Yellow Paint LF 3.00 LF NO BID LF 1.47 LF 1.45 LF 2.50 LF 1.10 LF 3.00 LF 1.10 LF NO BID LF 2.70 LF 1.25 LF 0.80 LF 2.00
a 18" Solid Yellow Thermoplastic LF 4.50 LF NOBID LF 3.49 LF 3.40 LF 3.80 LF 2.70 LF 4.00 LF 2.70 LF NO BID LF 4.00 LF 3.15 LF 3.10 LF 3.50
p 2x45kips White Paint LF 1.00 LF NOBID LF 0. 59 LF 0.60 LF 1.00 LF 0.40 LF 1.50 LF 0.40 LF NO BID LF 1.00 LF 0.45 LF 0.50 LF 0.50
q 2x45kips White Thermoplastic LF 1.50 LF NO BID LF 1.10 LF 1.10 LF 1.35 LF 1.15 LF 2.00 LF 1.15 LF NO BID LF 1.40 LF 1.30 LF 1.10 LF 1.05
r 6x10Skip5White Point LF 1.00 LF NO BID LF 0.59 LF 0.60 LF 1.00 LF 0.40 LF 1.50 LF 0.40 LF NO BID LF 1.00 LF 0.45 LF 0.43 LF 0.55
s 6x10 Skips White Thermoplastic LF 1.50 LF NO BID LF 1.10 LF 1.10 LF 1.35 LF 1.15 LF 2.00 LF 1.15 LF NO BID LF 1.40 LF 1.30 LF 1.25 LF 1.05
t 10x305kips White Paint LF 1.00 LF NO BID LF 0. 59 LF 0.60 LF 1.00 LF 0.40 LF 1.50 LF 0.40 LF NO BID LF 1.00 LF 0.45 LF 0.52 LF 0. 58
a I0x30 Skips White Thermoplastic LF 1.50 LF NO BID LF 1.10 LF 1.10 LF 3.35 LF 1.15 LF 2.00 LF 1.15 LF NO BID LF 1.40 LF 1.30 LF 1.10 LF 1.30
v 2x45kips Yellow Point LF 1.00 LF NO BID LF 0. 59 LF 0.60 LF 1.00 LF 0.40 LF 1.50 LF 0.40 LF NO BID LF 1.00 LF 0.45 LF 1.25 LF 0.55
w 2x45kips Yellow Thermoplastic LF 1.50 LF NO BID LF 1.10 LF 1.10 LF 1.35 LF 1.15 LF 2.00 LF 1.15 LF NO BID LF 1.40 LF 1.30 LF 0.50 LF 1.30
x 6x10 Skips Yellow Paint LF 1.00 LF NO BID LF 0.59 LF 0.60 LF 1.00 LF 0.40 LF 1.50 LF 0.40 LF NO BID LF 1.00 LF 0.45 LF 1.25 LF 0.65
y 6xI0 Skips Yellow Thermoplastic LF 1.50 LF NO BID LF 1.10 LF 1.10 LF 1.35 LF 1.15 LF 2.00 LF 1.15 LF NO BID LF 1.40 LF 1.30 LF 5.50 LF 1.25
z Reflective pavement Markers EA 6.50 EA NOBID EA 5.21 EA 5.10 EA 5.80 EA 5.40 EA 7.50 EA 5.50 EA NO BID EA 5.75 EA 6.30 EA 38.50 EA 5.75
as Directional Arrows Paint EA 90.00 EA NOBID EA 36.76 EA 36.00 EA 85.00 EA 59.40 EA 100.00 EA 60.00 EA NO BID EA 85.80 EA 69.00 EA 75.00 EA 47. 00
ab Directional Arrows Thermo EA 90.00 EA NOBID EA 91.89 EA 90.00 EA 85.00 EA 102.00 EA 100.00 EA 103.00 EA NO BID EA 85.80 EA 120.00 EA 450.00 EA 85. 00
ac Bike lane Symbol W/Arrows Cold Plastic SETS 450.00 SETS NOBID SETS 483.94 SETS 470.00 SETS 425.00 SETS 380.00 SETS 500.00 SETS 378.00 SETS NO BID SETS 426.80 SETS 440.00 SETS 77.00 SETS 500.00
ad Pavement Messages Paint EA 2010.00 EA NOBID EA 226.66 EA 220.010 EA 165.00 EA 54.00 EA 250.00 EA 54. 00 EA NO BID EA 178.20 EA 63.00 EA 23.50 EA 82.00
ae Reflective Paint -Island Nose - White SY 25.00 SY NOBID SY 24.50 SY 25.00 SY 22.00 SY 5.40 SY 35.00 SY 5.50 SY NO BID SY 23. 10 SY 6.30 SY 23.70 SY 27.50
CREWS AND EQUIPMENT
87 Construction Crew 'A" HR 325.00 HR 280.00 HR 556.46 HR NO BID HR 350.00 HR 340.00 HR 290.00 HR 425.00 HR 350.00 HR 450.00 HR 470.00 HR 370.00 HR 575.00
88 Construction Crew"B" HR 350.00 HR HR 573.58 HR NO BID HR 400.00 HR 340.00 HR 290.00 HR 425.00 HR 350.00 HR 450.00 HR 470.00 HR 370.00 HR 595.00
89 Construction Crew "C" HR 400.00 HR NO BID HR 586.22 HR NO BID HR 450.00 HR 385.00 HR 350.00 HR 445.00 HR 375.00 HR 500.00 HR 680.00 HR 410.00 HR 885.00
90 Construction Crew"D" HR 450.00 HR NO BID HR 586.22 HR NO BID HR 450.00 HR 385.010 HR 350.00 HR 445.00 HR 375.00 HR 500.00 HR 680.00 HR 470.00 HR 975.00
91 Infiltration Drainage Crew HR 299.00 HR NO BID HR 573.58 HR NO BID HR 350.00 HR 340.00 HR 290.00 HR 425.00 HR 350.00 HR 450.00 HR 470.00 HR 365.00 HR 550.00
92 Wellpoint System HR 50.00 HR 60.00 HR 134.03 HR NO BID HR 50.00 HR 250.00 HR 45 HR 40.00 HR 55.00 HR 50. 00 HR 220.00 HR 62.00 HR 175.00
93 Asphalt Removal and Restoration SF 6.50 SF NO BID SF 4.33 SF NO BID SF 9.00 SF 4.00 SF 8.00 SF 6.00 SF 12.00 SF 20.00 SF 7.80 SF 2.10 SF 12.75
94 Dump Truck (15- 20 CY) HR 80.00 HR NO BID HR 123.44 HR NO BID HR 75.00
SCHEDULE
HR
OF EQUIPMENT
61.00
AND OPERA
HR
TOIWS
58.00 HR 78.00 HR 65.00 HR 85.00 HR 76.00 HR 72.00 HR 85.00
ANNUAL ASPHALT MILLING AND PAVING
95 Asphalt Paving, per 1-inch pavingloverlay TN 140.00 TN NO BID TN 169-07 TN NO BID TN 140.00 TN 125.00 TN 225.00 TN TN NO BID TN 122.00 TN 120.00 TN 3.50 TN 295.00
96 Asphalt Milling, perl-inch mill BY 4.50 BY NO BID BY 2.74 BY NO BID BY 3.00 BY 2.05 BY 8.00 BY 4.00 BY NO BID SY 2.50 SY 8.40 SY 2.00 SY 12.50
97 MOT, Rental of Arrow Board, Electric PER DAY 20.00 PER DAY NO BID PER DAY 24.74 PER DAY NO BID PER DAY 15.00 PER DAY 11.00 PER DAY 65.00 PER DAY PER DAY 175.00 PER DAY 15.00 PER DAY 100.00 PER DAY 95.00 PER DAY 45.00
98 MOT, Rental of Message Board, Electric PER DAY 30.00 PER DAY NO BID PER DAY 24.51 PER DAY NO BID PER DAY 30.00 PER DAY 22.00 PER DAY 85.00 PER DAY PER DAY 250.00 PER DAY 27. 00 PER DAY 100.00 PER DAY 100.00 PER DAY 55.00
99 MOT, Rental of Traffic Cones, 36-inch high (per 50 cones) PER DAY 75.00 PER DAY NO BID PER DAY PER DAY NO BID PER DAY 0.30 PER DAY 25.00 PER DAY 1.00 PER DAY 50.00 PER DAY 100.00 PER DAY 0.25 PER DAY 130.00 PER DAY 100.00 PER DAY 20.00
100 MOT, Rental of Barricades, Type II PER DAY 0.75 PER DAY NO BID PER DAY 1.97 PER DAY NO BID PER DAY 0.50 PER DAY 1.10 PER DAY 5.00 PER DAY 0.60 PER DAY 2.00 PER DAY 0.30 PER DAY 1.00 PER DAY 15.00 PER DAY 345.00
101 MOT, Rental of Barricades, Type III PER DAY 1.00 PER DAY NO BID PER DAY 1.97 PER DAY NO BID PER DAY 0.60 PER DAY 1.65 PER DAY 5.00 PER DAY 0.90 PER DAY 6.00 PER DAY G.SS PER DAY 5.00 PER DAY 175.00 PER DAY 52.00
102 MOT, Rental of Jersey Barrier PER DAY 75.00 PER DAY NO BID PER DAY 566.32 PER DAY NO BID PER DAY 5.00 PER DAY 33.00 PER DAY 200.00 PER DAY 60.0o PER DAY 50.00 PER DAY 75.00 PER DAY 500.00 PER DAY 225.00 PER DAY 65.00
103 Materials Mark -Up (for items not in contract up to $50K) PER CENT 10% PER CENT NO BID PER CENT 6,000.00 PER CENT 18% PER CENT 15% PER CENT 10% PER CENT 10% PER CENT 10% PER CENT 10 PER CENT 15% PER CENT 11% PER CENT 10 PER CENT 15.70%
1 3-Man Crew w/Pickup Truck HR 250.00 HR NO BID HR 166.73 HR 200.00 HR 250.00 HR 200.00 HR 150.00 HR 200.00 HR 180.00 HR 150.00 HR 240.00 HR 180.00 HR 285.00
2 5-Man Crew w/Pickup Truck HR 350.00 HR NOBID HR 261.49 HR 260.00 HR 350.00 HR 300.00 HR 220.00 HR 300.00 HR 220.00 HR 200.00 HR 320.00 HR 220.00 HR 428.00
3 Supervisor HR 80.00 HR 90.00 HR 126.42 HR 80.00 HR 80.00 HR 81.00 HR 95.00 HR 90.00 HR 70.00 HR 65.00 HR 96.00 HR 72.00 HR 87.50
4 Foreman HR 75.00 HR 80.00 HR 93.87 HR 60.00 HR 75.00 HR 72.00 HR 75.00 HR 80.00 HR 55.00 HR 50.00 HR 85.00 HR 65.00 HR 72.50
5 Welder HR 65.00 HR NO BID HR 87. 07 HR NO BID HR 60.00 HR 60.00 HR 75. 00 HR 75.00 HR 65.00 HR 100.00 HR HR 48.00 HR 70. 00
6 Skilled Laborer HR 65.00 HR 45.00 HR 44.03 HR 40.00 HR 40.00 HR 30.00 HR 35.00 HR 32.00 HR 36.00 HR 35.00 HR 40.00 HR 40.00 HR 47.50
7 Day Laborer (Unskilled) HR 35.00 HR 35.00 HR 40.65 HR 30.00 HR 35.00 HR 26.00 HR 30.00 HR 25.00 HR 26.00 HR 28.00 HR 35.00 HR 30.00 HR 38.95
8 Gradall HR 150.00 HR NO BID HR NO BID HR NO BID HR 175.00 HR 85.00 HR 100.00 HR 120.00 HR 125.00 HR 100.00 HR 140.00 HR 80.00 HR 175.00
9 Skid Loader HR 80.00 HR 60.00 HR 85.07 HR 60.00 HR 85.00 HR 30.00 HR 65.00 HR 80.00 HR 75.00 HR 75.00 HR 95.00 HR 65.00 HR 95.00
10 Rubber Tire backhoe/Loader HR 80.00 HR NO BID HR 88. 40 HR NO BID HR 85.00 HR 35.00 HR HR 115.00 HR 85.00 HR 100.00 HR 90.00 HR 65.00 HR 95. 00
11 Track backhoe HR 140.00 HR 130.00 HR 127.62 HR NO BID HR 140.00 HR 100.00 HR 125.00 HR 145.00 HR 130.00 HR 175.00 HR 170.00 HR 60.00 HR 165.00
12 Dump Truck HR 80.00 HR NO BID HR 123.46 HR 80.00 HR 75.00 HR 65.00 HR 75.00 HR 78.00 HR 65.00 HR 85.00 HR 76.00 HR 70.00 HR 80.00
13 Flatbed w/Tractor HR 100.00 HR NO BID HR 139.86 HR NO BID HR 150.00 HR 110.00 HR 85.00 HR 115.00 HR 90.00 HR 120.00 HR 110.00 HR 100.00 HR 115.00
14 Flatbed HR 80.00 HR NO BID HR 13.56 HR NO BID HR 25.00 HR 60.00 HR 45.00 HR 60.00 HR 50.00 HR 100.00 HR 172A0 HR 65.00 HR 65.00
IS Wellpoint System HR 50.00 HR 60.00 HR 50. 85 HR NO BID HR 50.00 HR 100.00 HR 45.00 HR 40.00 HR 60.00 HR 50. 00 HR 190.00 HR 55. 00 HR 75. 00
ITB No.: 1TB2020-124PS - W -
BidTitle: Miscellaneous Public Works Projects
PAUA BUCH
Bid Opening Date: August 28, 2020 @ 3:00 P.M. aiidPsad
Prepared by: V- RA
VENDOR NAME D.S. EAKINS CONST CORP DEEVAN, INC. FERREIRA CONSTRUCTION FLYING SCOT FOSTER MARINE CONT HEAVY CIVIL, INC. HINTERLAND GROUP JW CHEATHAM, LLC MURRAY LOGAN CONST R& D PAVING, LLC RANGER CONSTRUCTION SOUTH FLORIDA BUILDING WAYPOINT CONTRACTING
Vendor FEIN 59-1691997 65-0101816 22-333495 65-1070173 59-1054370 46-5439171 20-5156844 20-1928479 59-1208353 45-4469049 59-2098662 47-3298344 81-4602789
16 Jet Pump HR 50.00 HR 30.00 HR 35.53 HR NO BID HR 30.00 HR 80.00 HR 45.00 HR 58.00 HR 45.00 HR 75.00 HR 63.00 HR 15.00 HR 75.00
17 Hydraulic Submersible Pump HR 50.00 HR NOBID HR 38. 62 HR NO BID HR 30.00 HR 150.00 HR 50. 00 HR 50. 00 HR 50.00 HR 50. 00 HR 100.00 HR 25.00 HR 95. 00
18 Welding machine HR 50.00 HR NO BID HR 13. 26 HR NO BID HR 25.00 HR 50.00 HR 30.00 HR 50.00 HR 50.00 HR 75.00 HR 50.00 HR 20.00 HR 78.00
19 Portable Generator HR 50.00 HR NO BID HR 16. 15 HR 35.00 HR 15.00 HR 20. 00 HR 40.00 HR 50.00 HR 35.00 HR 50.00 HR 25.00 HR 20. 00 HR 70.00
20 Quick Cut Saw HR 30.00 HR NO BID HR 6.19 HR 35.00 HR 10.00 HR 6.00 HR 10.00 HR 30.00 HR 25.00 HR 25.00 HR 25.00 HR 10.00 HR 32.50
21 Asphalt/Concrete Saw HR 40.00 HR NO BID HR 11. 15 HR 35.00 HR 20.00 HR 25. 00 HR 20.00 HR 30.00 HR 35.00 HR 25.00 HR 25.00 HR 5.00 HR 45.00
22 Steel Wheel Roller HR 70.00 HR NOBID HR 40.65 HR 100.00 HR 90.00 HR 45.00 HR 60. 00 HR 85. 00 HR 80.00 HR 75. 00 HR 90.00 HR 50. 00 HR 90. 25
23 Plate Tamper HR 25.00 HR NOBID HR 14.59 HR 25.00 HR 20.00 HR 10.00 HR 25.00 HR 30.00 HR 35.00 HR 25.00 HR 25.00 HR 9.00 HR 45.00
24 Chain Saw/Debris Clearing Hand Equipment HR 30.00 HR NO BID HR 4.99 HR 30.00 HR 20.00 HR 10.00 HR 30.00 HR 30.00 HR 30.00 HR 25.00 HR 25.00 HR HR 40.00
a Contractor's Representative D. Steven Eakins, Jr. Van C. Williams John Ciabattari Shawn Cunningham Howard Wight Rudy Polselli Chase Rogers Tom Uhrig Edward OLeary Nancy G. Rosso Jason Daley Stephen Zippi Katrina Gonzalez
b Telephone Number 561, 842.0001 561,844.5518 172,216.5123 561, 723.5812 561,722.1416 561,313.2995 561,640.3103 561, 411.4100 561,718.9413 561.588.6681 561. 793.9400 561. 510.3800 786. 608.1406
c Email Address steveOdseakins.com van0deevanine.com iciabattari0ferreiraconstruction.com shawn0flvingscotinc.com howard(Mfoster-marine.net rudly0heawciviline.com info0hinterlandgroup.com iwctomO wcheatham.com edo0murravloean.com nancvCdranddpaving.com iason.dalevOrangerconstruction.com steveirbdimarineandsite.com kgonzalezCawavpointci.com
Certificate Of Completion
Envelope Id: 078926F8CF574989954FOE855F72A219
Subject: Please DocuSign: DS Eakins-Misc PW Projects-ITB2020-124PS (A) Agmt.pdf
Source Envelope:
Document Pages: 9 Signatures: 1
Certificate Pages: 4 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-05:00) Eastern Time (US & Canada)
Record Tracking
Status: Original
10/23/2020 3:22:12 PM
Signer Events
D. Steve Eakins, Jr.
steve@dseakins.com
Security Level: Email, Account Authentication
None)
Holder: Barbara Chabre
bchabre@pbgfl.com
Signature
D..A
S64- fa.LWS) Jr.
Fzue aesaro2_.
Signature Adoption: Pre -selected Style
Using IP Address: 50.241.244.161
Electronic Record and Signature Disclosure:
Accepted: 10/23/2020 3:53:37 PM
ID: 27 b68d46-c44f-45d4- aa8a-77807b425ca 1
Company Name: Carahsoft OBO City of Palm Beach Gardens
Docu5 p%
sttuaa0
Status: Completed
Envelope Originator:
Barbara Chabre
10500 N Military Trail
Purchasing Department
Palm Beach Gardens, FL 33410
bchabre@pbgfl.com
IP Address: 151.132.106.163
Location: DocuSign
Timestamp
Sent: 10/23/2020 3:23:13 PM
Viewed: 10/23/2020 3:53:37 PM
Signed: 10/23/2020 3:54:20 PM
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/23/2020 3:23:13 PM
Certified Delivered Security Checked 10/23/2020 3:53:37 PM
Signing Complete Security Checked 10/ 23/2020 3:54:20 PM
Completed Security Checked 10/ 23/2020 3:54:20 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Village of North Palm Beach
BUILDING INSPECTIONS
Discussion
Village Council Meeting
November 14th,2022
Village Hall
Building Division
UPDATE
A State-wide Building Inspection program requires:
Building Registration
http://www.myfloridalicense.com/DBPR/condos-
timeshares-mobile-homes/building-report/
File Basic building and contact information with the
state by January 1, 2023
Milestone Inspection December 31, 2024
Statewide building milestone inspections.The bill requires that a
condominium or cooperative must have a milestone inspection performed
for each building that is three stories or more in height by December 31 of
the year in which the building reaches 30 years of age and every 10 years
thereafter. If the building is located within 3 miles of a coastline, the
inspection must be performed by December 31 of the year in which the
building reaches 25 years of age and every 10 years thereafter. If a
building’s certificate of occupancy was issued on or before July 1, 1992,
the building’s initial milestone inspection must be performed before
December 31, 2024. The milestone inspection consists of two phases. The
first phase is a visual inspection by a licensed architect or engineer; if
substantial structural deterioration is identified, the second phase
commences, including a full assessment of the areas of structural distress.
Phase one and two reports must be submitted to the local building official
of the local government which has jurisdiction.A renter of a unit will have
a right to inspect and copy the association’s bylaws, rules and these
inspection reports.
A board of county commissioners may adopt an ordinance to require the
commencement of repairs for substantial structural deterioration within a
specified timeframe after the receipt of a phase two inspection report.
Structural integrity reserve studies.The bill requires a
condominium or cooperative to have a structural integrity reserve
study completed at least every 10 years. The study must include a
review of the structural integrity and safety of the building related
to the roof, primary structural members, floor, foundation, fire
protection, plumbing, electrical, waterproofing, and windows.
Condominium and cooperative reserves.Effective December 31,
2024, the bill prohibits the waiver or reduction of reserves for
items that are required to be inspected in a structural integrity
reserve study. In addition, reserve funds may only be used for their
intended purpose.
Summary
In total, there are 79 buildings
that meet this statutory
requirement in the Village
We will be working with the
various HOAs to advise them with
what steps need to be taken in
the coming months
Building Division
Building Inspections
Questions?
Building Division