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03-09-2023 VC REG-A_Revised with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA - REVISED VILLAGE HALL COUNCIL CHAMBERS THURSDAY, MARCH 09, 2023 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 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 1. Proclamation - Let's Move Palm Beach County Month APPROVAL OF MINUTES 2. Minutes of the Regular Session held February 9, 2023 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS Regular Session Agenda, March 09, 2023 Page 2 of 3 3. 1ST READING OF ORDINANCE 2023-05 – COMPREHENSIVE PLAN AMENDMENT – FUTURE LAND USE ELEMENT Consider a motion to adopt on first reading Ordinance 2023-05 amending the Future Land Use Element of the Village of North Palm Beach Comprehensive Plan to facilitate redevelopment. 4. 1ST READING OF ORDINANCE 2023-06 – CODE AMENDMENT – C3 REGIONAL BUSINESS DISTRICT ZONING REGULATIONS Consider a motion to adopt on first reading Ordinance 2023- 06 amending Article III, "District Regulations," of Appendix C (Chapter 45) of the Village Code of Ordinance by amending Section 45-34.1 to revise the zoning regulations for the C-3 Regional Business District to facilitate redevelopment and provide for a new Planned Unit Development Procedure; Amending Section 45-35.1, "Planned Unit Development," to allow for use by properties within the C-3 Zoning District under specified circumstances; Amending Article VII, "Nonconforming Uses of Land and Structures," by amending Section 45-65 to remove a reference to the C-3 Zoning District; amending Article VIII, "Landscaping," by amending Sections 45-90, "Landscape Requirements for Site Perimeters," and Section 45-91, "Landscape Requirements for Base of Foundation," to modify the requirements for the C-3 Zoning District. 5. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2023-04 – CODE AMENDMENT – NOISE CONTROL Consider a motion to adopt and enact on second reading Ordinance 2023-04 amending Article VI, "Noise Control," of Chapter 19, "Offenses and Miscellaneous Regulations," of the Village Code of Ordinances, by Amending Section 19-99, "Definitions," to modify the Decibel Levels for Unreasonable Noise and Amending Section 19-103, "Enforcement," to modify the Enforcement Procedure. 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. 6. RESOLUTION – Approving a Contract Award to All Florida Tree and Landscape, Inc. for Arboricultural Services at the North Palm Beach Country Club Golf Course at a total cost not to exceed $45,000; and authorizing execution of the Contract. 7. RESOLUTION – Approving a $25,000 increase in the Blanket Purchase Order issued to GT Supplies, Inc. for a total amount of $50,000 for dumpster repairs. 8. RESOLUTION – Appointing the Village's Representative and Alternate Representative to the Public Risk Management of Florida ("PRM") Board of Directors. 9. RESOLUTION – Approving a Contract with Impact Sport Surfaces, Inc. for the resurfacing of the gymnasium floor at the Community Center at a total cost of $62,970; and authorizing execution of the Contract. 10. RESOLUTION – Amending the Comprehensive Pay Plan adopted as part of the Fiscal Year 2023 Budget to revise positions within the Police Department, Community Development Department and Parks and Recreation Department, add nine seasonal Camp Counselors in the Parks and Recreation Department and add a Deputy Village Manager position in the Village Manager's Office. 11. RESOLUTION – Approving and ratifying a Memorandum of Understanding with the Palm Beach County Police Benevolent Association, Inc. to amend Article 15 of the Collective Bargaining Agreement pertaining to paid holidays; and authorizing the Village Manager to execute the Memorandum of Understanding. 12. Receive for file Minutes of the Environmental Committee meeting held 1/9/23. 13. Receive for file Minutes of the Recreation Advisory Board meeting held 1/10/23. 14. Receive for file Minutes of the Business Advisory Board meeting held 1/17/23. 15. Receive for file Minutes of the Library Advisory Board meeting held 1/24/23. Regular Session Agenda, March 09, 2023 Page 3 of 3 OTHER VILLAGE BUSINESS MATTERS 16. RESOLUTION – VILLAGE BOARDS AND COMMITTEES REAPPOINTMENTS Consider a motion to adopt a resolution reappointing members to the Business Advisory Board, Environmental Committee, General Employees Pension Board, Golf Advisory Board, Infrastructure Surtax Committee, Library Advisory Board, Planning Commission, Recreation Advisory Board. 17. RESOLUTION – FEE CONTRACT FOR LABOR SERVICES Consider a motion to adopt a resolution approving a Fee Contract with the Law Firm of Goren, Cherof, Doody & Ezrol, P.A. for labor and services; and authorizing execution of the Contract. 18. RESOLUTION – POND BANK REPAIR AND STABILZATION CONTRACT Consider a motion to adopt a resolution approving a proposal from BrightView Golf Maintenance, Inc. for pond bank repair and stabilization at the North Palm Beach Country Club at a total cost of $123,420; and authorizing execution of the Contract. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA FEBRUARY 9, 2023 Present: Deborah Searcy, Mayor David B. Norris, Vice Mayor Susan Bickel, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Chuck Huff, Interim Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: Mark Mullinix, Councilmember ROLL CALL Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were present except for Councilmember Mullinix who was out of town. 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. APPROVAL OF MINUTES The Minutes of the Regular Session held January 26, 2023 were approved as written. STATEMENTS FROM THE PUBLIC Chris Ryder, 118 Dory Road, S., thanked Council for upholding the decision of the Planning Commission to reject the appeal on the proposed 200 Yacht Club Drive project. Mr. Ryder recommended a review of the Zoning and Comprehensive Plan changes that were made during the Spring of 2020. Mr. Ryder stated that swale maintenance needed to be done and trees removed from the swale on the road opposite side of his home. Deborah Cross, 2560 Pepperwood Cr. S, expressed her concerns regarding the traffic and speeding on U.S. Highway 1. Mrs. Cross expressed the need for more trees and vegetation along U.S. Highway 1 and the need for a sufficient water supply throughout the Village. Don Kazimir,106 Gulfstream Road, asked that women police officers be hired at the Village based on qualifications and experience and not based on meeting a certain quota. Draft Minutes of the Village Council Regular Session held February 9, 2023 Page 2 of 6 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS ORDINANCE 2023-04 CODE AMENDMENT – NOISE CONTROL A motion was made by Councilmember Aubrey and seconded by President Pro Tem Bickel to adopt on first reading Ordinance 2023-04 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE VI, “NOISE CONTROL,” OF CHAPTER 19, “OFFENSES AND MISCELLANEOUS REGULATIONS,” OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 19-99, “DEFINITIONS,” TO MODIFY THE DECIBEL LEVELS FOR UNREASONABLE NOISE AND AMENDING SECTION 19-103, “ENFORCEMENT,” TO MODIFY THE ENFORCEMENT PROCEDURE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the purpose of the ordinance was to amend the Village Code by revising existing noise regulations and modifying the enforcement procedure. The proposed revisions would reduce the noise emanating from commercial and industrial property, noise emanation from commercial and industrial property adjacent to residential property and noise emanating from residential property. by reducing the decibel limits for noise. The revised enforcement procedure provides the law enforcement officer with the discretion to issue either a warning or a violation notice when the officer observes a violation of the Village’s noise regulations. In the event a warning is issued, the violator has five minutes to reduce the noise generated. The initial fine amount would be $250 which remains unchanged. The fine for additional violations within a five- year period would be increased from $300 to $500, and a fourth offense within a five-year period constitutes a criminal offense subject to the penalties set forth in Section 1-8 of the Village Code. The five-year period is tied to the definition of a “repeat violation” for code enforcement proceedings initiated pursuant to Chapter 162, Florida Statutes. A person is classified as a repeat violator if he or she violates the same code provision within a five-year period. Discussion ensued between Council and staff regarding the revised noise regulations and enforcement procedure. Thereafter, the motion to adopt on first reading Ordinance 2023-04 passed with all present voting aye. PUBLIC HEARING RE-ADOPTION AND SECOND READING OF ORDINANCE 2023-01 CODE AMENDMENT – FIRE AND POLICE PENSION AND BENEFITS A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to re-adopt and enact on second reading Ordinance 2023-01 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE, “PENSION AND CERTAIN OTHER BENEFITS FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING DIVISION 4, “PENSIONS 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 QUALIFICATION TO ENSURE CONTINUED COMPLIANCE WITH INTERNAL REVENUE CODE REQUIREMENTS; AMENDING SECTION 2-161, “BENEFIT AMOUNTS,” AND Draft Minutes of the Village Council Regular Session held February 9, 2023 Page 3 of 6 PUBLIC HEARING RE-ADOPTION AND SECOND READING OF ORDINANCE 2023-01 CODE AMENDMENT – FIRE AND POLICE PENSION AND BENEFITS continued SECTION 2-170.1, “DEFERRED OPTION BENEFIT PLAN,” TO INCREASE THE REQUIRED MINIMUM DISTRIBUTION AGE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that at its January 12, 2023 meeting, the Village Council unanimously voted to approve the ordinance on second and final reading; however, a subsequent review of the recording of the meeting revealed that there was no motion or second to adopt. Mr. Rubin stated that in an abundance of caution, and to cure any potential procedural error, the ordinance was being brought back to the Village Council for re-adoption on second and final reading. Mayor Searcy opened the public hearing. There being no comments from the public, Mayor Searcy closed the public hearing. Thereafter, the motion to re-adopt and enact on second reading Ordinance 2023-01 passed with all present voting aye. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-03 CODE AMENDMENT – COMPREHENSIVE PLAN A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2023-03 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PLAN TO ADOPT A NEW PROPERTY RIGHTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Alex Ahrenholz, Principle Planner explained that after the ordinance had passed on first reading at the December 8, 2022 Council meeting, Village staff transmitted the proposed Comprehensive Plan Amendment to the Florida Department of Economic Opportunity for review and comment. There were no formal comments or objections to the application by any of the review agencies. Village staff recommended adoption of the ordinance on second reading. Mayor Searcy opened the public hearing. There being no comments from the public, Mayor Searcy closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2023-03 passed with all present voting aye. Draft Minutes of the Village Council Regular Session held February 9, 2023 Page 4 of 6 CONSENT AGENDA APPROVED Vice Mayor Norris moved to approve the Consent Agenda. Councilmember Aubrey seconded the motion, which passed with all present voting aye. The following items were approved: Resolution approving a Contract with Perseverance Basketball, LLC to run and staff the Village’s Spring Youth Basketball League at an estimated cost between $25,000 and $32,000 (depending on the number of participants); and authorizing execution of the Contract. Resolution accepting a proposal from Keyed Up Fence, LLC for replacement of Athletic Field Fencing at the Community Center at a total cost of $19,900; and authorizing execution of the Contract. Resolution approving a proposal from Advanced Recreational Concepts, LLC for the purchase of new playground equipment parts for Lakeside Park and approving a proposal from Play Space Services, Inc. for the installation of the parts at a total cost of $7,638.13; and authorizing execution of the Contracts. Resolution approving a Contract with the South Central Planning and Development Commission for Community Development Software utilizing pricing established in an existing Contract with the Town of Juno Beach at a total cost for the first two years of $49,399.92; and authorizing execution of the Contract and Software License and Service Agreement. Receive for file Minutes of the Library Advisory Board meeting held 11/22/22. Receive for file Minutes of the Audit Committee meeting held 12/7/22. Receive for file Minutes of the Recreation Advisory Board meeting held 12/13/22. RESOLUTION 2023-15 – VILLAGE MANAGER EMPLOYMENT AGREEMENT A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to adopt Resolution 2023-15 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING CHARLES D. HUFF TO SERVE AS VILLAGE MANAGER; APPROVING AN AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF HIS EMPLOYMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the Village Manager Employment Agreement had mostly the same terms as prior Village Manager Agreements. Mr. Rubin explained that the agreement provides for Mr. Huff’s salary, two types of terminations which are just cause and without just cause. Mr. Huff would receive the maximum of accrued vacation and sick time and would be assigned the same paid holidays as Village employees. Mr. Huff would receive health, vision and dental coverage for himself and his family, life insurance coverage in the amount equal to twice the Manager’s annual salary, an automobile allowance of $700 per month, a cell phone allowance for use of his private cell phone or for the purchase of a new cell phone for business use of $100 per month. Mr. Rubin explained what Mr. Huff’s retirement plan contribution would be and concluded by stating that Mr. Huff’s residency requirement would be waived subject to the Council’s authority to revoke the waiver as set forth in the Village code. Draft Minutes of the Village Council Regular Session held February 9, 2023 Page 5 of 6 RESOLUTION 2023-15 – VILLAGE MANAGER EMPLOYMENT AGREEMENT continued Karen Marcus, 920 Evergreen Drive, stated that on behalf of herself and Pat Friedman who was currently on a cruise, stated that they wanted to share their support for Mr. Huff as the Village Manager and thanked Council for hiring him and making it official. Ms. Marcus stated that a Village tree survey was completed and that the Environmental Committee would be sharing it with Council. Thereafter, the motion to adopt Resolution 2023-15 passed with all present voting aye. Mayor Searcy and Council congratulated Mr. Huff. Mr. Huff thanked Village Council and the residents. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Searcy thanked Leisure Services staff for a successful Hot Cars and Chili event. Mayor Searcy asked if the CMU code should be updated to include a mixed use requirement on projects. President Pro Tem Bickel recommended reviewing the entire code that includes mixed use. Mr. Rubin explained that it was the Comprehensive Plan that included the mixed pattern of use. President Pro Tem Bickel recommended getting feedback from residents and discussing the height of the proposed Twin Cities Mall Site Project. Discussion ensued between Councilmembers and Mr. Rubin regarding receiving input from residents and discussing the proposed Twin Cities Mall Site Project. Vice Mayor Norris stated that the Environmental Committee asked him to bring up the question of whether or not the Village would be installing charging stations for electric cars. Mr. Huff explained that FPL was planning to install two charging stations at the Country Club and that he was in the process of working with them to get them installed. Discussion ensued regarding electric car charging stations. Mr. Huff stated that he would research the type of charging stations that would work best at the Country Club. VILLAGE MANAGER MATTERS/REPORTS Police Chief Richard Jenkins began a presentation on the Police Department’s Annual Report. Chief Jenkins discussed and explained the average response time analysis, crime statistics, crime analysis report three (3) year statistics, North Palm Beach as the 6 th safest city in Florida, North Palm Beach Police Department 30x30 Initiative, annual recruitment analysis, arrestee demographics analysis, Baker Act analysis, net accomplishments analysis, Police Department revenue generated and SWOT analysis. Mayor Searcy and Council thanked Chief Jenkins and the Police Department for their service to the Village. Draft Minutes of the Village Council Regular Session held February 9, 2023 Page 6 of 6 VILLAGE MANAGER MATTERS/REPORTS continued Mr. Huff thanked Council, Village staff and the residents for giving him the opportunity to serve as the Village Manager. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 7:57 p.m. Page 1 of 2 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Alex Ahrenholz, Principal Planner DATE: March 9, 2023 SUBJECT: ORDINANCES 1ST READING – Amendments to the Future Land Use Element of the Village’s Comprehensive Plan and the Zoning Regulations for the C-3 Regional Business District (Old Twin City Mall Site) Background: The old Twin City Mall site was established as the C-3 Regional Business District pursuant to an Interlocal Agreement executed by the Village and the Town of Lake Park in 1993. The current site is underutilized, with large vacant parcels. In 2016, the Village Council adopted the Citizen’s Master Plan, envisioning the site’s redevelopment into a mixed-use, walkable town center for the Village. After over a year of input and revisions, the proposed amendments provide a process to allow and incentivize the type of development. Upon completion of numerous workshops, input from consultants, and additional studies, the Planning Commission recommended approval (6-0) of the proposed Comprehensive Plan Amendments and the proposed revisions to the C-3 Regional Business District zoning regulations. The proposed regulations are compatible with regulations already adopted by the Town of Lake Park and provide a framework to guide future development. The proposed amendments address Village Council’s concerns raised during the November 2022 workshop, which focused primarily on height and setbacks. The proposed amendments reduced the maximum overall height within the PUD to 175 feet, less than the 220 feet allowable north of the Parker Bridge. The maximum height will only be permitted in the site’s interior. Additionally, the setbacks were significantly increased from public rights-of-way. Most notably, the building setback adjacent to U.S. Highway One and Northlake Boulevard has been increased to twenty- five (25) feet, thereby requiring the buildings to be set back past the existing vegetation. Furthermore, the regulations require a ten (10) foot building “step-back” along the public rights- of-way after the fourth story to assist with the reduction of building massing. These items have been addressed with the recommendations and input from the Treasure Coast Regional Planning Council (TCRPC). Summary of Comprehensive Plan Amendments: The proposed Ordinance amends the Future Land Use Element of the Village’s Comprehensive Plan. The Village is proposing additional language to the Village Goal Statement, taken in part from the Citizen’s Master Plan, to establish the Village’s intent to redevelop vacant parcels and older commercial structures into pedestrian-oriented, mixed-use development. The Village is also proposing revisions to supporting Policies to exempt the C-3 zoning district from the maximum residential density otherwise applicable to properties with a commercial land use designation. Page 2 of 2 The overall development potential would be limited to a maximum Floor Area Ratio (FAR) established in the zoning regulations. This gives the Village a better understanding of allowable massing because the utilization of maximum density does not provide square footage limitations. Summary of Revisions to the C-3 Regional Business District Zoning Regulations: The proposed amendments to the C-3 zoning regulations create an updated process for an applicant to request approval of a Planned Unit Development. In order to utilize this process, a potential developer would be required to meet the minimum threshold requirements, namely:  A five-acre development parcel;  A minimum of one-half acre of civic space;  A minimum of 50,000 square feet of non-residential uses; and  Additional public benefits in the form of enhanced landscaping, the creation of a functional living, shopping and/or working environments, or innovative architectural design. The last criterion was added to address the Planning Commission’s concern that the maximum allowances under the PUD regulations were granted not “by right.” With input from the Planning Commission, the Village Council will have ultimate authority to approve any proposed master plan and subsequent site plans. With the inclusion of the TCRPC recommendations, the amendments include a framework for development with a regulating plan, frontage types, and street and sidewalk standards. These standards create connectivity, ensure that building massing relates to its surroundings and provide minimum street standards. The proposed amendments allow for a maximum FAR of 2.75, which is generally consistent with the regulations adopted by the Town of Lake Park. The Town of Lake Park allows for a maximum FAR of 2.0 for non-residential uses plus a residential density of 48 units per acre. Because a maximum density does not limit square footage, Lake Park’s regulations actually allow more square footage on its portion of the old Twin City Mall site than the Village’s proposed regulations. Next Steps: The proposed amendments to the Future Land Use Element of the Comprehensive Plan will go to the State of Florida Department of Economic Opportunity (DEO) for review, which may take up to sixty (60) days. Once the Village receives and addresses any comments from DEO, Staff will bring the proposed Ordinances back to the Village Council for consideration and adoption on second reading. Once the Ordinances are adopted, applicants may submit a PUD application and proposed master plan for review by the Planning Commission and the Village Council. Recommendation: Village Staff recommends Village Council consideration and adoption on first reading of the attached Ordinances amending the Future Land Use Element of the Village’s Comprehensive Plan and the zoning regulations for the C-3 Regional Business District in accordance with Village policies and procedures. Page 1 of 2 ORDINANCE NO. 2023-05 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING THE FUTURE LAND USE 4 ELEMENT OF THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE 5 PLAN TO FACILITATE REDEVELOPMENT; PROVIDING FOR CONFLICTS; 6 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 7 DATE. 8 9 WHEREAS, the Village wishes to amend the Future Land Use Element of its Comprehensive Plan 10 to facilitate redevelopment within the Village, particularly the former Twin City Mall site; and 11 12 WHEREAS, the proposed modification amends the Future Land Element to promote mixed use 13 projects and allow for the regulation of density and intensity through the adoption of land 14 development regulations applying a maximum Floor Area Ration (FAR); and 15 16 WHEREAS, on February 14, 2023, the Planning Commission, sitting as the Local Planning 17 Agency, conducted a public hearing to review the proposed amendments to the Village 18 Comprehensive Plan and provide a recommendation to the Village Council; and 19 20 WHEREAS, having conducted all of the duly advertised public hearings required by Chapter 163, 21 Florida Statutes, the Village Council wishes to amend its Comprehensive Plan and determines that 22 the adoption of this Ordinance is in the interests of the health, safety and welfare of the residents 23 of the Village of North Palm Beach. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 26 OF NORTH PALM BEACH, FLORIDA as follows: 27 28 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 29 30 Section 2. The Village Council hereby adopts the revisions to the Village of North Palm 31 Comprehensive Plan attached hereto as Composite Exhibit “A” and incorporated herein by 32 reference (additional language underlined and deleted language stricken through). 33 34 Section 3. All ordinances or parts of ordinances and resolutions or parts of resolutions in 35 conflict herewith are hereby repealed to the extent of such conflict. 36 37 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 38 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 39 such holding shall not affect the remainder of this Ordinance. 40 41 Section 5. This Ordinance shall be effective thirty-one (31) days after the Department of 42 Economic Opportunity notifies the Village that the plan amendment package is complete or, if 43 timely challenged, this Ordinance shall be effective upon entry of a final order by the Department 44 of Economic Opportunity or the Administration Commission determining the adopted amendment 45 to be in compliance. 46 Page 2 of 2 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2023. 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 3-1 3.0 FUTURE LAND USE 3.1 INTRODUCTION The Future Land Use element is required to be included within the Comprehensive Plan per requirements of state planning law and rule criteria. Specifically, Chapter 163.3177(6 ) (a), Florida Statutes, establishes the Future Land Use element requirement and Chapter 9J-5.006 Florida Administrative Code, establishes minimum criteria to guide its preparation. A summary of the data, analysis and support documentation necessary to form the basis for Future Land Use goal, objectives and policies is presented in Chapter 3 of the Village of North Palm Beach, Florida Comprehensive Plan Support Documentation report dated 1999, Village of North Palm Beach Evaluation and Appraisal Report dated 2007, the U.S. Highway 1 Corridor Study, dated 2008, and the EAR-Based Amendment Support Documentation dated 2009. 3.2 VILLAGE GOAL STATEMENT Ensure that the current character of North Palm Beach is maintained, while allowing remaining vacant parcels to be developed and redeveloped in a manner consistent with present residential neighborhoods and commercial areas. Further, ensure that the Village remains primarily a residential community offering: (1) a full range of municipal services; (2) diversity of housing alternatives consistent with existing residential neighborhoods; (3) commercial development opportunities compatible with established location and intensity factors; and (4) a variety of recreational activities and community facilities oriented to serving the needs and desires of the Village. Various land use activities, consistent with these Village character guidelines, will be located to maximize the potential for economic benefit and the enjoyment of natural and man-made resources by residents and property owners, while min imizing potential threats to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation. It is also the intention of the Village to provide mechanisms and processes to promote the redevelopment of obsolete, underutilized, and underproductive areas of the Village. The Village shall provide flexibility in the land development regulations to promote such redevelopment, including but not limited to encouraging mixed -use development, connectivity, pedestrian-oriented development, reduction of dependence on vehicles, creation of open/public/civic gathering spaces, and otherwise promoting the economic, development, housing, and other public policy goals of the Village. 3.3 OBJECTIVES AND POLICIES OBJECTIVE 1.A.: Future growth and development shall be managed through the preparation and adoption of land development regulations which: (1) coordinate future development with the appropriate natural features (i.e. topography, soil conditions, flood 3-2 prone areas and natural habitats) and the availability of facilities and services; (2) prevent uses inconsistent with the Village Goal Statement and Future Land Use Map Series; (3) require the maintenance of the Village building stock; and (4) discourage the proliferation of urban sprawl; and promote energy-efficient land use patterns accounting for existing and future power generation and transmission systems. Policy 1.A.1: Maintain land development regulations that shall contain specific and detailed provisions required to implement the adopted Comprehensive Plan, and which as a minimum: a. Regulate the subdivision of land; b. Regulate the use and intensity of land development consistent with this element in a manner to ensure the compatibility of adjacent land uses consistent with the Future Land Use Map Series and provide for recreation and open space consistent with levels -of- service established in the Recreation and Open Space Element by requiring all new developments to donate or provide 5% of the residential site for recreational purposes; c. Protect environmentally sensitive lands designated on Figures 3A and 3B of the Future Land Use Map Series; d. Regulate areas subject to seasonal and periodic flood ing by requiring a minimum first floor elevation of 8.5 feet NGVD and a drainage system which meets adopted Level -of- Service Standards; e. Regulate signage; f. Ensure safe and convenient on-site traffic flow and vehicle parking needs; g. Ensure that public facility, utility and service authorization has been procured prior to issuing any development order; h. Provide that development orders and permits, consistent with Policies 5.1 and 5.2 of the Capital Improvements Element, shall not be issued which result in a reduction of the levels of service for the affected public facilities below the Level-of-Service (LOS) Standards adopted in the Capital Improvements element (Ref: Table 11-1); i. Provide for the proper maintenance of building stock and property by continually updating and enforcing adopted building, housing and related codes; j. Designate an urban service area (Ref: Objective 6; Capital Improvements element); and k. Regulate the development of sites containing historic sites, as per the Future Land Use Map Series, to assure their protection, preservation and/or sensitive reuse. Policy 1.A.2: An official zoning map shall be adopted and maintained which assures that the location and extent of non-residential land uses is consistent with the Future Land 3-3 Use Map Series. Planning Areas may include non-residential uses such as schools, public facilities, other public facilities, and recreational uses, etc., as indicated on the Future Land Use Map Series and/or as allowed as special exception uses in the Village Zoning Code. Policy 1.A.3: Land development regulations adopted to implement this Comprehensive Plan shall be based on and be consistent with the following standards for residential land use densities as indicated below. a. Conservation/Open Space - Maximum of one unit per upland acre; b. Low density residential - fewer than 5.80 residential units per gross acre; c. Medium density residential - 5.81 to 11.0 residential units per gross acre; and d. High density residential - 11.1 to 24.0 residential units per gross acre. In any event, specific entitled residential densities within the ranges listed above shall be subject to the application of the site development criteria (e.g. setbacks, height limitations and site dedications, etc.) promulgated in the Village Land Development Regulations. Policy 1.A.4: Land Development regulations adopted to implement this Comprehensive Plan shall be based on and be consistent with the following standards for non -residential land use intensities as indicated below: a. Location shall be in accordance with the Future Land Use Map. Commercial uses shall not be permitted within areas designated for residential development on the Future Land Use Map Series; b. Maximum lot coverage ratio shall be governed by applicable land development regulations; c. Maximum building height shall be governed by applicable land development regulations and shall be consistent with the Village of North Palm Beach Citizens’ Master Plan Report, adopted by Resolution 2016-73 on October 27, 2016, and compatible with neighboring land uses; and d. Adequate off-street parking and loading facilities. e. Maximum Floor-Area-Ratios for non-residential land uses shall be established as follows: 1. Commercial, religious, and institutional land uses: A maximum of 0.70 for mixed-use development and 0.35 for all other non -residential land uses along U.S. Highway No. 1, north of the Parker Bridge; a maximum of 1.10 along U.S. Highway No. 1, from the Parker Bridge, south to Northlake Boulevard; a maximum of 0.70 along U.S. Highway No. 1, south of Northlake Boulevard; and a maximum of 0.70 along Northlake Boulevard and S.R. Alternate A -1-A. The following areas shall be exempt from this requirement to implement the 2016 Citizens’ Master Plan: ▪ The Twin City Mall site, and subject to the latest land development regulations of the C-3 zoning district, which have been was jointly developed by the Village and the Town of Lake Park. 3-4 ▪ The C-MU zoning district along U.S. Highway No. 1, updated in accordance with the Citizens’ Master Plan. ▪ Other key redevelopment sites that are explicitly identified in the Village’s land development regulations to carry out the Citizens’ Master Plan. 2. Educational Uses: A maximum of 0.15; 3. Recreation and Open Space Uses: A maximum of 0.05 4. Light Industrial/Business Uses: A maximum of 0.45. Policy 1.A.5: Land development regulations shall contain performance standards which address: a. Buffering and open space requirements; b. Landscaping requirements; and c. A requirement for the environmental assessment of development proposals, including eliminating exotic plant species. Policy 1.A.6: Land development regulations shall contain planned unit development provisions which allow design flexibility within projects under unity of title as a means of preserving natural resources delineated on Figures 3A and 3B, and protecting Conservation Use lands designated on the Future Land Use Map. Policy 1.A.7: Future development shall be permitted only when central water and wastewater systems are available or will be provided concurrent with the impacts of development. Policy 1.A.8: Residential subdivisions shall be designated to include an efficient system of internal circulation, including the provision of collector streets to feed traffic to arterial roads and highways. Policy 1.A.9: In 2020, the Village revised its land development regulations and this Comprehensive Plan to implement the provisions and guiding principles of the Village of North Palm Beach Citizens’ Master Plan Report, adopted by Resolution 2016 -73 on October 27, 2016. OBJECTIVE 1.B: The Village desires to enhance certain aging commercial corridors that have a Commercial Future Land Use designation, into walkable and bikeable centers of vibrant activity. Current business uses along these corridors will be supplemented with new residential and mixed-use development as described in Policy 1.B.4. Policy 1.B.1: The following use and intensity standards shall be used to promote land use efficiency in mixed-use infill and redevelopment activities, and determine maximum development potential on a given parcel of land: 3-5 1. Maximum development potential: Maximum commercial development potential is subject to the floor-area limitations established in Policy 1.A.4, subject to the application of the Village's land development regulations. 2. Permitted uses: Permitted uses shall be specified in each zoning district that allows mixed-use development (see Policy 1.B.4). 3. Residential density: Dwelling units in Commercial designations shall not exceed a density of 24 units per acre or as further limited by except where density and intensity are regulated solely through the application of a maximum floor area ratio (FAR) as set forth in the applicable zoning district regulations. Developments that qualify for the workforce housing density bonus described in Policy 1.B.2 may construct up to 12 additional units per acre). 4. Height limitations: The maximum height shall be limited to that allowed by the underlying commercial or mixed-use zoning district. Policy 1.B.2: Workforce housing density bonus: Except where density and intensity are regulated solely through the application of a maximum floor area ratio (FAR), Tthe maximum residential density of a mixed-use development shall be increased from 24 to 36 units per acre provided that either: (a) bonus units are constructed on -site; or (b) funding is provided to assist in an workforce housing program in another jurisdiction or an appropriate alternative, as determined by the Village of North Palm Beach. If alternative (a) is selected, 50% of the bonus units shall qualify for any of the four (4) eligible income group categories based on Average Median Income (AMI) set forth in the County's Workforce Housing Program income guidelines. No more than 50% of the workforce housing units shall be in the 120-140% category. If alternative (b) is selected, an amount equal to 5% of the cost of the vertical construction of the bonus units shall be contributed to the Palm Beach County Affordable Housing Trust Fund, or other appropriate alternative, as determined by the Village of North Palm Beach. Policy 1.B.3: Assisted Living Facilities, as defined in Section 429.02(5) of the Florida Statutes and licensed by the Florida Agency for Health Care Administration may be permitted as mixed-use developments through the commercial planned unit development approval process, or the special exception process if authorized by the Village’s land development regulations, subject to the following use and intensity standards: 1. A mixed-use Assisted Living Facility shall provide assistance with activities of daily living, as defined in Section 429.02(1) of the Florida Statutes and special care for persons with memory disorders, as regulated by Section 429.178 of the Florida Statutes. 2. Required uses: Each mixed-use Assisted Living Facility shall contain a residential component, together with a non-residential component consisting of administrative offices, central kitchen and communal dining facilities, and separate or shared spaces for the provision of medical, recreation, social, religious, and personal services. 3. Mix of required uses: The residential component shall comprise a minimum of 50% and the non-residential component shall comprise a maximum of 20% of the gross floor area of a mixed-use Assisted Living Facility. 4. Maximum floor area: Maximum mixed-use Assisted Living Facility development potential is subject to the floor-area limitations established in Policy 1.A.4, subject to the application of the Village's land development regulations. 3-6 5. Maximum resident occupancy: The residential density of a mixed-use Assisted Living Facility may be increased by the Village Council to an equivalent of 24 units per acre. The maximum resident occupancy shall then be determined by multiplying the equivalent residential density by 1.97 residents per unit. Maximum resident occupancy shall be determined on a project-by-project basis based upon an assessment of site characteristics and the application of Village land development regulations. 6. Height limitations: The maximum height of a mixed-use Assisted Living Facility shall be determined by the application of Policy 1.B.1.6. 7. Waivers for reductions in minimum dwelling unit size and parking requirements may be requested during the commercial planned unit development or other authorized approval process. Policy 1.B.4: Residential and mixed-use developments may be approved in areas with a Commercial Future Land Use designation in order to achieve a mixed -use development pattern. The Village may use any of the following mechanisms to achieve the desired pattern:  The mixed-use provisions in the C-MU zoning district along US. Highway No. 1 between Yacht Club Drive and the Earman River, which are intended to evolve that district into a mixed-use development pattern that remains predominately commercial along US Highway No. 1.  The mixed-use provisions in the C-T zoning district in the southwest portion of the Village.  The commercial planned unit development process in other zoning districts. OBJECTIVE 2: Development and redevelopment activities shall be undertaken in a manner to ensure the protection of natural and historic resources and the Village character as prescribed in the Future Land Use Element Goal Statement and the Village Character Statement (Ref: Chapter 2.0). Policy 2.1: The developer/owner of any site shall be responsible for the on-site management of stormwater runoff in a manner so that post -development runoff rates, volumes and pollutant loads to not exceed pre -development conditions and preserve existing natural drainage features, as per Chapters 40E-4, 40E-40 and/or 40E-41, Florida Administrative Code. Policy 2.2: The Village land development regulations shall regulate business activities which have the potential to contaminate land and water resources by requiring said businesses to notify the Palm Beach County Department of Environmental Resources Management regarding the storage, use and/or disposal of potentially hazardous or toxic substances. This requirement shall be implemented by the Village through the Palm Beach County Wellfield Protection Ordinance (Ref: Section 9.3, Palm Beach County Unified Land Development Code). Policy 2.3: The Village shall encourage, through its participation on the Seacoast Utility Authority Governing Board, protection of potable water wellfields by regulatory authorities having land use jurisdiction in aquifer recharge areas se rving Seacoast Utility Authority systems. 3-7 Policy 2.4: The clearing of any wetlands vegetation or land assigned a Conservation Land Use Category on the Future Land Use Map Series shall not be approved by the Village until such time that appropriate permits have been procured, by the developer, from the Palm Beach County Environmental Resources Management or Health Departments and the Florida Department of Environmental Protection. Policy 2.5: At the time of each required Evaluation and Appraisal Report and Comprehensive Plan update, the Village shall consider the need for the identification, designation and protection of additional historically significant properties under the provisions of the Standard Housing Code. Policy 2.6: Within 18 months after the South Florida Water Management District updates the Lower East Coast Regional Water Supply Plan, the Village shall update the Water Supply Facilities Work Plan to determine whether or not adequate water supply is available to meet projected needs of the ensuing 10-year period. OBJECTIVE 3: All development orders and permits for future development and redevelopment activities shall be issued only if public facilities necessary to meet Level of Service (LOS) standards are available concurrent with the impacts of the development. Further, require that all on-site lands for rights-of-way, easement, etc., be conveyed to the proper authority prior to the issuance of building permits. Policy 3.1: The development of residential and commercial land shall be timed and staged in conjunction with the provision of supporting community facilities, such as streets, utilities, police and fire protection service, emergency medical service, and public schools. Policy 3.2: Public facilities and utilities shall be located to: (1) Maximize service efficiency; (2) minimize public costs; and (3) minimize impacts upon the natural environment. Policy 3.3: Remaining properties currently not utilizing central water and wastewater systems shall be governed by the provisions of: (1) Chapter 381.272, Florida Statutes; (2) Chapter 10D-6, Florida Administrative Code; and (3) Palm Beach County Environmental Control Rule - 1. These codes regulate the use and installation of individual sewage disposal systems. Policy 3.4: The Village shall update its population projections at the time of the approval of a Comprehensive Plan amendment or development order permitting an increase in residential units. OBJECTIVE 4: The Village shall coordinate with appropriate governments and agencies to minimize and mitigate potential mutual adverse impacts of future development and redevelopment activities. Policy 4.1: Requests for development orders, permits or project proposals shall be coordinated by the Village, as appropriate, with a djacent municipalities by participating in 3-8 IPARC, Metropolitan Planning Organization, Palm Beach County, School District of Palm Beach County, Treasure Coast Regional Planning Council, Special Districts, South Florida Water Management District and state and federal agencies. Policy 4.2: All future high density residential development, with the following exceptions, shall be directed to areas west of U.S. Highway No. 1 as a means of coordinating coastal area population densities with the County Hurricane Evacuation Plan: 1. Properties located east of U.S. Highway No. 1 that are currently assigned a High Density Residential future land use designation; 2. Properties that have frontage on and access to the east side of U.S. Highway No. 1, provided a determination is made by the Village, based upon a professionally competent study, that the hurricane evacuation provisions of F.S. 163.3178(9)(a) are complied with. Policy 4.3: Although there are currently no resource planning and management plans prepared pursuant to Chapter 380, Florida Statutes, in effect within North Palm Beach, the Village shall participate in the preparation and implementation of said plans should they become necessary. Policy 4.4: In the event of a proposed future annexation of sufficient size to site a school, or co-locate a school with public facilities (e.g. parks, libraries, and community centers), the Village shall coordinate with the Palm Beach County School Board to determine the need for an additional school site in the area. If it is determined that there is a need, and that a school site can be accommodated, the proposed annexation shall provide for the school site. Policy 4.5: The Village shall promote mixed-use development along its major transportation corridors, and cooperate with Palm Beach County to develop new and improved forms of transit as a means of reducing greenhouse gas emissions resulting from traffic congestion. Policy 4.6: During the review of any development or redevelopment proposal, the Village shall determine the feasibility of cross-access with neighboring parcels as a means to promote more efficient travel. Policy 4.7: The Village shall educate the public regarding the placement and maintenance of canopy trees and other landscape materials to strategically provide shade and reduce energy consumption. OBJECTIVE 5: Special land use policies shall be developed by North Palm Beach when necessary to address site-specific issues related to implementing the Village Goal Statement. Refer to the Future Land Use Map Atlas for parcel locations which are the subject of specific special policies. Special Policy 5.1: Historic properties with an assigned Florida Master Site File reference number shall be identified on Planning Area maps located in the Future Land Use Map Atlas. 3-9 Special Policy 5.2: Utilize the mixed-use provisions of the Village’s Commercial Planned Unit Development (CPUD) Ordinance as a means of developing the property delineated as “Special Policy 5.2 on Map 2 of the Future Land Use Map Atlas in a transition mode from Commercial (i.e. compatible to the C-B Zoning District) to Residential (i.e. compatible to the R2 Zoning District) running from U.S. Highway No. 1 east to Lake Worth. Maximum gross density shall not exceed 10-11 DU/AC. Non- residential development pods shall comply with the Floor-Area-Ratio standards listed in Policy 1.4 of the Future Land Use element. Development of the property shall be subject to the Village Council approval of site plan and PUD applications. The following uses shall be excluded from this development: (1) Golf club and its accessory uses such as restaurant, bar, driving range and equipment store; (2) bowling alley; (3) filling stations; (4) dry cleaning plants; (5) mobile home park; and (6) adult entertainment establishment. Special Policy 5.3: As a means of preserving native vegetative species in Planning Area 6A, encourage the use of the Planned Unit Development by allowing the clustering of residential units in defined buildable areas (i.e. all areas in Planning Area 6A are as “buildable”, with the exception of those delineated on Figure 3-3. Special Policy 5.4: Require all new developments in Planning Areas 1 and 6A to perform an environmental assessment to define potential impacts upon the viability of vegetative species and/or habitats delineated on Figure 3. The impact assessment shall include necessary techniques and/or controls to maintain species and/or habitats in their current condition or mitigate potential impacts. Special Policy 5.5: (Reserved). Special Policy 5.6: As a means of enhancing the commercial character of the area along Northlake Boulevard through renovation and/or redevelopment, maintain a waiver process which may allows proposed projects to depart from the strict interpretations of the Zoning Code if, after review by the Village, it is found that said projects are in compliance with the North Palm Beach Comprehensive Plan and meet standards in the Zoning Code. Special Policy 5.7: The Village shall review proposed Future Land Use Map Series amendments to determine whether or not they discourage the proliferation of Urban Sprawl based upon the application of standards contained in Chapter 9J -5, F.A.C. (No Future Land Use Map Atlas reference.) Special Policy 5.8: Residential development on the property delineated as “Special Policy 5.8" on Map 6A of the Future Land Use Map Atlas shall be limited to a maximum of 98 residential units. Special Policy 5.9: Residential development on the property delineated as “Special Policy 5.9" on Map 6A of the Future Land Use Map Atlas shall be limited to a maximum of 232 residential units. 3-10 Special Policy 5.10: Residential development on the property delineated as “Special Policy 5.10" on Map 6A of the Future Land Use Map Atlas shall be limited to a maximum of 184 residential units. Special Policy 5.11: Residential development on the property delineated as “Special Policy 5.11" on Map 6A of the Future Land Use Map Atlas shall be limited to a maximum of 108 residential units. Special Policy 5.12: Residential development on the property delineated as “Special Policy 5.12" Map 2 of the Future Land Use Map Atlas shall be limited to the existing 197 residential units. Special Policy 5.13: Residential development on the property delineated as “Special Policy 5.13" on Map 7 of the Future Land Use Map Atlas shall be limited to the existing 48 residential units. Special Policy 5.14: Residential development on Planning Area 1 shall be clustered in the least environmentally sensitive portion of the parcel which is the subject of an application for a development order. (No Future Land Use Map Atlas reference.) Special Policy 5.15: Year-round, permanent resident residential development within the area defined by the current extent of John D. MacArthur Beach State Park shall be limited to that provided for Park personnel. (No Future Land Use Map Atlas reference.) Special Policy 5.16: The 0.43 acre lot located at the southwest corner of Prosperity Farms Road and Honey Road (Map 5 of the Future Land Use Map Atlas) shall be assigned a Commercial Future Land Use Map designation in order to support its current use. The current use may be maintained consistent with the provisions of Sections 45-63 (non-conforming uses) and 45-64 (non-conforming structures) of the Village Code; however, any future change in use shall be consistent with those uses permitted in the C-T transitional Commercial District. Special Policy 5.17: Non-residential land uses within Protection Zone 4 of the Richard Road wellfield (Ref: Map 5, 6B, and 7 of the Future Land Use Map Atlas) which store, handle, use or produce any regulated substance are prohibited, unless the y qualify as a general exemption or receive an operating permit from Palm Beach County ERM, pursuant to Section 9.3 of the Palm Beach County Land Development Code. Special Policy 5.18: Residential development on the property delineated as "Special Policy 5.18" on Map 3B of the Future Land Use Map Atlas shall be limited to a maximum of 16 residential units. Special Policy 5.19: Public School development on the property delineated as Special Policy 5.19 on Map 4b of the Future Land Use Map Atlas shall be limited to a maximum 0.35 Floor-Area-Ratio. OBJECTIVE 6: The Village shall encourage infill development and redevelopment along the Northlake Boulevard and U.S. Highway No.1 corridors. 3-11 Policy 6.1: Development and redevelopment activities in the Northlake Boulevard Overlay Zone, as illustrated on Figure 3-8, shall conform with the special land development regulations adopted by the Village of North Palm Beach for the Northlake Boulevard corridor as well as the requirements of the Village's Comprehensive Plan and underlying zoning districts. Policy 6.2: Mixed-use development and redevelopment is encouraged along the U.S. Highway No.1 corridor by the Village through the provisions of the C-MU and C-T and may also be permitted through the commercial planned unit development approval process, consistent with the density and intensity criteria stated in Objective 1.B. Policy 6.3: Development and redevelopment activities shall be transit-ready by maintaining access to Palm Tran, pedestrian accessibility by sidewalks and bikeways, and connectivity with neighboring residential and commercial areas. 3.4. FUTURE LAND USE CLASSIFICATION SYSTEM The land use Classification System presented on Table 3 -1 is adopted as the “Future Land Use Classification System” of the Village of North Palm Beach. Subject to the land use compatibility and application review provisions of Section 163.3208, Florida Statutes, and electric distribution substations are permitted in all land use categories listed in Table 3-1 except Conservation/Open Space. 3.5 FUTURE LAND USE MAP SERIES 3.5.1 Future Land Use Maps Village of North Palm Beach Planning Areas are delineated on Figure 3 -1, while 2020 Future Land Use Plan is displayed on Figure 3-2. Recreation/Open Space areas are identified on Figure 3-2; however, due to their character and Village -wide appeal, the delineation of specific service areas is not appropriate. Each facility is deemed to serve the Village as a whole. 3.5.2 Future Land Use Map Atlas For the purposes of identifying properties subject to the conditions of a special policy described in Objective 5 and tracking Future Land Use Map amendment and annexation activities, the Village of North Palm Beach Future Land Use Map Atlas, on file with the Village Clerk, is hereby incorporated by reference. Designated historic districts or significant properties meriting protection within the Village, along with appropriate Florida Master File references are located, as appropri ate, on Maps 1-7 of the Future Land Use Map Atlas. 3.5.3 Natural Resource Maps 3-12 The following natural resources data are exhibited on Figures 3-3 through 3-7: 1. Natural Habitat, Wetlands, Coastal Vegetation and Beaches (Ref: Figure 3-3 and Tables 3-2 and 3-3); 2. Surface Water Features (Ref: Figure 3-4); 3. Generalized Soils Map (Ref: Figure 3-5 and Table 3-4); 4. Flood Zones (Ref: Figure 3-6 and Table 3-5); and 5. The Coastal High Hazard Area (Ref: Figure 3-7), defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. There are no existing or planned potable water wells in the Village of North Palm Beach, nor are there any minerals of determined value. A portion of the Village, within Planning Area 5, is located within Protection Zone 4 of the Richard Road wellfield. The extent of Protection Zone 4 within Planning Area 5 is indicated on Maps 5, 6B and 7 of the Future Land Use Map Atlas. 3.5.4 Northlake Boulevard Overlay Zone Map The Northlake Boulevard Overlay Zone is illustrated on Maps 3C and 5 in the Future Land Use Map Atlas. Development and redevelopment activities are subject to the special land development regulations adopted by the Village of North Palm Beach for the Northlake Boulevard corridor. 3-13 TABLE 3 - 1 TABLE 3-1 LAND USE CLASSIFICATION SYSTEM For purposes of the Comprehensive Plan, the following land use classifications, which are applicable to North Palm Beach, are used to describe existing land uses in the Village. The classifications are consistent with those defined in Chapter 9J5, F.A.C. and concurrent with the Village's perception of use. Residential: Land uses and activities within land areas used predominantly for housing and excluding all tourist accommodations. Commercial: Land uses and activities within land areas which are predominantly related to the sale, rental and distribution of products and the provision or performance of services. W ithin the Commercial classification, residential and other uses may also be permitted in accordance with the mixed-use policies of the Comprehensive Plan and the Village’s land development regulations. Light Industrial/Business: Land uses which are oredominantlv related to providing office, flex, lioht Industrial and warehouse space for the purposes of lioht manufacturing, assemblv and processing of products, office uses. research and development, and wholesale distribution and storage of products. In addition, commercial uses that serve the projected workforce and neighboring residential populations and which encouraoe Intemal automobile trio capture mav also be permitted." Recreation/Open Space: Land uses and activities within land areas where recreation occurs and lands are either developed or vacant and concerned with active or passive recreational use. Conservation/Open Space: Land uses and activities within land areas "designated" for the primary purpose of consen/ing or protecting natural resources or environmental quality, and includes areas designated for such purposes, or combinations thereof, as primary recreation, flood control, protection of quality or quantity of ground water or surface water, flood plain management, fisheries management, and/or protection of vegetative community or wildlife habitats. Permitted land uses shall include single-family units. Public Buildings & Grounds: Lands and structures that are owned, leased, or operated by a government entity, such as libraries, police stations, fire stations, post offices, government administration buildings, and areas used for associated storage of vehicles and equipment. Also, lands and structures owned or operated by a private entity and used for a public purpose such as a privately held but publicaily regulated utility. Educational: Land use activities and facilities of public or private primary or secondary schools, vocational and technical schools, and colleges and universities licensed by the Florida Department of Education, including the areas of buildings, campus open space, dormitories, recreational facilities or parking. Other Public Facilities: Land uses and activities within land areas concerned with other public or private facilities and institutions such as churches, clubs, fraternal organizations, homes for the aged and infirm, and other similar uses. Transportation: Land areas and uses devoted to the movement of goods and people including streets and associated rights-of-way. Water: All areas covered by water or any right-of-way for the purpose of conveying or storing water. SOURCE: Florida Administrative Code: LRM, Inc. 2009; Rev. NPBCP Amendments 92 -2 and 09-1. Page 1 of 2 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Alex Ahrenholz, Principal Planner DATE: March 9, 2023 SUBJECT: ORDINANCES 1ST READING – Amendments to the Future Land Use Element of the Village’s Comprehensive Plan and the Zoning Regulations for the C-3 Regional Business District (Old Twin City Mall Site) Background: The old Twin City Mall site was established as the C-3 Regional Business District pursuant to an Interlocal Agreement executed by the Village and the Town of Lake Park in 1993. The current site is underutilized, with large vacant parcels. In 2016, the Village Council adopted the Citizen’s Master Plan, envisioning the site’s redevelopment into a mixed-use, walkable town center for the Village. After over a year of input and revisions, the proposed amendments provide a process to allow and incentivize the type of development. Upon completion of numerous workshops, input from consultants, and additional studies, the Planning Commission recommended approval (6-0) of the proposed Comprehensive Plan Amendments and the proposed revisions to the C-3 Regional Business District zoning regulations. The proposed regulations are compatible with regulations already adopted by the Town of Lake Park and provide a framework to guide future development. The proposed amendments address Village Council’s concerns raised during the November 2022 workshop, which focused primarily on height and setbacks. The proposed amendments reduced the maximum overall height within the PUD to 175 feet, less than the 220 feet allowable north of the Parker Bridge. The maximum height will only be permitted in the site’s interior. Additionally, the setbacks were significantly increased from public rights-of-way. Most notably, the building setback adjacent to U.S. Highway One and Northlake Boulevard has been increased to twenty- five (25) feet, thereby requiring the buildings to be set back past the existing vegetation. Furthermore, the regulations require a ten (10) foot building “step-back” along the public rights- of-way after the fourth story to assist with the reduction of building massing. These items have been addressed with the recommendations and input from the Treasure Coast Regional Planning Council (TCRPC). Summary of Comprehensive Plan Amendments: The proposed Ordinance amends the Future Land Use Element of the Village’s Comprehensive Plan. The Village is proposing additional language to the Village Goal Statement, taken in part from the Citizen’s Master Plan, to establish the Village’s intent to redevelop vacant parcels and older commercial structures into pedestrian-oriented, mixed-use development. The Village is also proposing revisions to supporting Policies to exempt the C-3 zoning district from the maximum residential density otherwise applicable to properties with a commercial land use designation. Page 2 of 2 The overall development potential would be limited to a maximum Floor Area Ratio (FAR) established in the zoning regulations. This gives the Village a better understanding of allowable massing because the utilization of maximum density does not provide square footage limitations. Summary of Revisions to the C-3 Regional Business District Zoning Regulations: The proposed amendments to the C-3 zoning regulations create an updated process for an applicant to request approval of a Planned Unit Development. In order to utilize this process, a potential developer would be required to meet the minimum threshold requirements, namely:  A five-acre development parcel;  A minimum of one-half acre of civic space;  A minimum of 50,000 square feet of non-residential uses; and  Additional public benefits in the form of enhanced landscaping, the creation of a functional living, shopping and/or working environments, or innovative architectural design. The last criterion was added to address the Planning Commission’s concern that the maximum allowances under the PUD regulations were granted not “by right.” With input from the Planning Commission, the Village Council will have ultimate authority to approve any proposed master plan and subsequent site plans. With the inclusion of the TCRPC recommendations, the amendments include a framework for development with a regulating plan, frontage types, and street and sidewalk standards. These standards create connectivity, ensure that building massing relates to its surroundings and provide minimum street standards. The proposed amendments allow for a maximum FAR of 2.75, which is generally consistent with the regulations adopted by the Town of Lake Park. The Town of Lake Park allows for a maximum FAR of 2.0 for non-residential uses plus a residential density of 48 units per acre. Because a maximum density does not limit square footage, Lake Park’s regulations actually allow more square footage on its portion of the old Twin City Mall site than the Village’s proposed regulations. Next Steps: The proposed amendments to the Future Land Use Element of the Comprehensive Plan will go to the State of Florida Department of Economic Opportunity (DEO) for review, which may take up to sixty (60) days. Once the Village receives and addresses any comments from DEO, Staff will bring the proposed Ordinances back to the Village Council for consideration and adoption on second reading. Once the Ordinances are adopted, applicants may submit a PUD application and proposed master plan for review by the Planning Commission and the Village Council. Recommendation: Village Staff recommends Village Council consideration and adoption on first reading of the attached Ordinances amending the Future Land Use Element of the Village’s Comprehensive Plan and the zoning regulations for the C-3 Regional Business District in accordance with Village policies and procedures. Page 1 of 36 ORDINANCE NO. 2023-06 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, “DISTRICT 4 REGULATIONS,” OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE 5 OF ORDINANCES BY AMENDING SECTION 45-34.1 TO REVISE THE 6 ZONING REGULATIONS FOR THE C-3 REGIONAL BUSINESS DISTRICT 7 TO FACILITATE REDEVELOPMENT AND PROVIDE FOR A NEW 8 PLANNED UNIT DEVELOPMENT PROCEDURE; AMENDING SECTION 45-9 35.1, “PLANNED UNIT DEVELOPMENT,” TO ALLOW FOR USE BY 10 PROPERTIES WITHIN THE C-3 ZONING DISTRICT UNDER SPECIFIED 11 CIRCUMSTANCES; AMENDING ARTICLE VII, “NONCONFORMING USES 12 OF LAND AND STRUCTURES,” BY AMENDING SECTION 45-65 TO 13 REMOVE A REFERENCE TO THE C-3 ZONING DISTRICT; AMENDING 14 ARTICLE VIII, “LANDSCAPING,” BY AMENDING SECTIONS 45-90, 15 “LANDSCAPE REQUIREMENTS FOR SITE PERIMETERS,” AND SECTION 16 45-91, “LANDSCAPE REQUIREMENTS FOR BASE OF FOUNDATION,” TO 17 MODIFY THE REQUIREMENTS FOR THE C-3 ZONING DISTRICT; 18 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 19 PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; 20 AND FOR OTHER PURPOSES. 21 22 WHEREAS, through the adoption of Resolution No. 2016-73, the Village Council formally 23 adopted the Citizens’ Master Plan Report prepared by the Treasure Coast Regional Planning 24 Council (“Master Plan”), including the recommendations contained therein, as setting forth the 25 guiding principles for future development within the Village; and 26 27 WHEREAS, the Master Plan recognized the redevelopment potential of the old Twin City Mall 28 site, the development of which is governed by the Village’s C-3 Regional Business District zoning 29 regulations; and 30 31 WHEREAS, the Master Plan expressed a preference for a lifestyle center, like CityPlace or Mizner 32 Park, within the C-3 District that would provide “shopping, entertainment, restaurant uses within 33 the form of an urban neighborhood that incorporates residential as an integral use;” and 34 35 WHEREAS, as noted in the Master Plan, the site is large enough to accommodate a significant 36 project with buildings tall enough to afford water views and could incorporate the following 37 qualities: (1) an interconnected system of walkable blocks and small streets; (2) buildings lining 38 streets and facing parks and open spaces; (3) a mix of building types such as townhouses, low-rise 39 multi-family, high-rise multi-family, retail and mixed use; and (4) parking provided on-street, in 40 garages and behind buildings; and 41 42 WHEREAS, the Village shares the Twin City Mall site with the Town of Lake Park, and the Town 43 has already adopted new zoning regulations with increased density and intensity to facilitate 44 redevelopment as well as a Regulating Plan to maintain interconnectivity; and 45 46 Page 2 of 36 WHEREAS, the Village wishes to amend the zoning regulations for the C-3 Regional Business 1 Zoning District to facilitate the type of large-scale development or lifestyle center contemplated 2 by the Master Plan through the use of a new Planned Unit Development process that provides 3 added flexibility and intensity; and 4 5 WHEREAS, the Village also wishes to amend certain other provisions of its Zoning Code to 6 implement the revised C-3 regulations and eliminate conflicts; and 7 8 WHEREAS, the Planning Commission, sitting as the Local Planning Agency, conducted a public 9 hearing to review this Ordinance and provide a recommendation to the Village Council; and 10 11 WHEREAS, having considered the recommendation of the Planning Commission and conducted 12 all required advertised public hearings, the Village Council determines that the adoption of this 13 Ordinance is in the interests of the health, safety and welfare of the residents of the Village of 14 North Palm Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 17 OF NORTH PALM BEACH, FLORIDA as follows: 18 19 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 20 21 Section 2. The Village Council hereby amends Article III, “District Regulations,” of 22 Appendix C (Chapter 45) of the Village Code of Ordinances by amending Section 45-34.1 to read 23 as follows (additional language underlined and deleted language stricken through): 24 25 Sec. 45-34.1. C-3 regional business district. 26 27 The C-3 regional business district is designed for the re-use and/or 28 redevelopment of commercial property. It contains special regulations and 29 procedures that are integrated with those of the Town of Lake Park to avoid 30 conflicts that could otherwise be created by the location of the town/village 31 boundary. Within C-3 business districts, the following regulations shall apply: 32 33 (1) Uses permitted. Within the C-3 zoning district, no building, 34 structure, land, or water shall be used, unless otherwise permitted by 35 these regulations, except for any combination of the following 36 purposes: Table 1 indicates allowable uses in the C-3 regional 37 business district: 38 39 a. Banks, savings and loans, stockbrokers, and similar financial 40 institutions. 41 42 b. Business offices, including medical and professional 43 services. 44 45 Page 3 of 36 c. Community residential homes, subject to the same 1 requirements as apply in the R-2 zoning district, and family 2 day care centers as defined in Chapter 402, Florida Statutes. 3 4 d. Hotels, motels, and time-share units. 5 6 e. Multiple-family dwellings (each building containing three 7 (3) or more units) and customary accessory uses, subject to 8 any limitations on residential uses in the adopted 9 Comprehensive Plan. 10 11 f. Personal services typically offered in conjunction with 12 shopping facilities, such as laundromats, dry cleaners, barber 13 and beauty shops, child care facilities, health clubs, and 14 shops for the repair, cleaning, or rental of items weighing 15 less than one hundred (100) pounds. 16 17 g. Restaurants and other establishments where food and/or 18 beverages are prepared and served. 19 20 h. Retail sale of new or antique merchandise that is displayed 21 indoors only, whether in freestanding buildings or in a 22 centrally managed shopping center or enclosed mall. 23 24 i. Theaters and other entertainment facilities including nightclubs, 25 game rooms, bowling alleys, and similar establishments, provided 26 they are fully enclosed and provided such uses shall not include 27 adult entertainment establishments. 28 Table 1_-_Allowable Uses USES PERMITTED BY PUD ONLY1 NOT PERMITTED RESIDENTIAL USES Mobile home park  Dwelling, one family detached  Dwelling, all other dwelling types  Live/work unit  Assisted living facility  Community residential home 2 LODGING USES Bed-and-breakfast establishment  Hotel, including Extended Stay  Motel  Time-share unit  Page 4 of 36 BUSINESS USES Offices, general  Office or clinic, medical or dental  Stores & services, general  Stores & services, large format  Adult entertainment  Convenience store with fuel  Dog daycare  Drive-through facility (for any use)  Garage, parking  Heavy commercial and light industrial  Medical marijuana treatment center  Restaurant  Bar, Night Clubs or Entertainment Establishments  Telecommunications antennas  CIVIC & EDUCATION USES Child care facility  Church or place of worship  Civic space  Family day care  Government building  Hospital or medical center  Public space  School, public or private  1 See section 10 for additional PUD requirements 1 2. Subject to the same requirements as apply in the R-2 zoning district 2 3 (2) Off-street parking. All proposed land uses shall provide a sufficient number 4 of parking spaces to accommodate the number of vehicles that can be 5 expected to be attracted to that use. Individual land uses can provide at least 6 the number of spaces listed below on the same parcel of land as the principal 7 building (or on an adjoining parcel under identical ownership) in lieu of 8 using the parking space standards found elsewhere in this Code. However, 9 certain land uses may require less parking; and combinations of land uses 10 may be able to reduce the total number of spaces by sharing those spaces 11 during differing peak hours or because of pedestrian traffic or multi-purpose 12 trips. Modified standards may be approved if fewer spaces will 13 accommodate the number of vehicles that can be expected to be attracted to 14 that use (or combination of uses) at the proposed location. Such a 15 modification may be made on individual parcels of land (or adjoining 16 parcels under identical ownership) by the building official when permitted 17 Page 5 of 36 by consensus national codes or standards or after submission of persuasive 1 technical evidence (such as publications of the Institute of Transportation 2 Engineers (ITE)). Modifications that involve shared parking on parcels of 3 land that are not under identical ownership, or parking in a different 4 municipality than the principal building regardless of ownership, may be 5 approved through the special C-3 PUD procedures found below in section 6 45-34.1(10). 7 8 a. Auditoriums of any kind — 1 space per 3 seats. 9 10 b. Banks and other financial institutions — 3 spaces per 1,000 square 11 feet. 12 13 c. Hotels and motels — 1 space per guest room plus 1 space per 2 14 employees during the peak period; parking for restaurants and other 15 guest facilities to be calculated separately. 16 17 d. Offices, medical/dental — 5 spaces per 1,000 square feet. 18 19 e. Offices, all other — 3 spaces per 1,000 square feet. 20 21 f. Residential — 2 spaces per dwelling unit. 22 23 g. Restaurants and nightclubs — 12 spaces per 1,000 square feet, 24 except 6 spaces per 1000 square feet for restaurants offering take-25 out service. 26 27 h. Retail uses and personal services — 4 spaces per 1,000 square feet, 28 except 1.5 spaces per 1,000 square feet for furniture sales. 29 30 i. Shopping centers — 4 spaces per 1,000 square feet. 31 32 j. Uses not listed above to be determined by the building official using 33 standards found elsewhere in this Code or upon submission of 34 persuasive technical evidence about the number of vehicles that can 35 be expected to be attracted. 36 37 NOTES: 38 1. All areas are measured as gross floor area except multi-39 tenant shopping centers and office complexes, which are 40 measured as gross leasable area. 41 2. Fractional spaces can be disregarded. 42 3. Wherever the term "identical ownership" is used, the land 43 parcels in question must be contiguous and must be owned 44 by or under the unified control of the applicant. 45 46 Page 6 of 36 (3) Off-street loading and internal circulation. Requirements for off-street 1 loading, parking lot aisles, accessways, and general internal circulation shall 2 be same as would apply in the C-S zoning district. 3 4 a. Lighting: Parking lots shall be fully illuminated during hours of 5 business operation with a minimum standard of illumination from 6 closing to dawn per the Palm Beach County Code or ITE, whichever 7 is more stringent. 8 9 (4) Landscaping. Landscaping shall be required along the outer boundary of the 10 C-3 zoning district (irrespective of any municipal boundary) and also in 11 unroofed parking areas whenever a parking area is constructed, 12 reconstructed, or reconfigured. In addition to the other provisions of 13 Chapter 27 of this Code, the following landscaping requirements shall be 14 met: 15 16 a. Required landscaping adjacent to public rights-of-way: The 17 required landscaped strip between a public right-of-way and an off-18 street parking area shall be at least fifteen (15) feet wide and shall 19 contain at least five (5) trees and eighteen (18) shrubs for each one 20 hundred (100) lineal feet. 21 22 b. Parking area interior landscaping for unroofed parking areas: At 23 least ten (10) percent of the total paved surface area shall be devoted 24 to landscaped areas. Each area counting toward the ten (10) percent 25 total shall have an average minimum dimension of ten (10) feet. At 26 least one (1) tree shall be planted for every two hundred fifty (250) 27 square feet of required internal planting area. No parking space shall 28 be more than one hundred (100) feet from a tree planted in a 29 permeable island, peninsula, or median having a t en-foot minimum 30 width. 31 32 c. Indigenous native vegetation: To reduce maintenance and water 33 consumption, required landscaping shall include at least seventy-34 five (75) percent indigenous native trees and fifty (50) percent 35 indigenous native shrubs. 36 37 d. Installation: All required landscaping shall be installed using 38 xeriscape principles including water conservation through the 39 appropriate use of drought-tolerant plants, mulching, and the 40 reduction of turn areas. Irrigation systems shall be designed to 41 operate only when needed and only in those areas that require 42 irrigation. 43 44 e. Maintenance: The property owner shall be responsible for the 45 maintenance of all required landscaped areas in a healthy and 46 Page 7 of 36 vigorous condition at all times. Required trees shall not be trimmed 1 or pruned in such a way as to alter or limit their normal mature 2 height or crown spread. If required plants die, they shall be replaced 3 within sixty (60) days. 4 5 (5) Setbacks and height. The following setback, height, and spacing regulations 6 apply in the C-3 zoning district: 7 8 a. Perimeter setbacks: All buildings and structures shall be set back a 9 minimum of thirty (30) feet from the outer boundary of the C-3 10 zoning district, except an interior common municipal boundary. For 11 buildings in excess of two (2) stories or thirty (30) feet in height, 12 one (1) foot shall be added to the required perimeter setback for each 13 extra foot of height over thirty (30) feet. 14 15 b. Additional setbacks to internal property lines: The need for building 16 setbacks to property lines adjoining other land zoned C-3 is related 17 to the existing or proposed uses of those properties. Unless modified 18 through the special C-3 PUD procedures found below in section 45-19 34.1(10), all new buildings and structures shall be set back a 20 minimum of twenty-five (25) feet from each of its property lines. 21 22 c. Maximum building height: The maximum height of any building 23 shall be fifty (50) feet. 24 25 d. Spacing between buildings: The minimum spacing between 26 individual buildings on the same or adjoining C-3 properties shall 27 be as required by applicable fire and building codes. 28 29 (6) Maximum lot coverage. There is no fixed cap on lot coverage or floor area 30 ratio. Maximum intensity will be governed by the application of the parking, 31 loading, setback, building height, and surface water management standards 32 found herein. 33 34 (7) Signs. In addition to the other provisions of sections 6-111 through 6-117 35 of this Code, but notwithstanding any conflicting standards found therein, 36 signs in the C-3 zoning district shall comply with the following regulations 37 unless modified through the special C-3 PUD procedures. 38 39 a. Ground signs are mounted on a monolithic base and are independent 40 of any building for support. They are permitted only when the sign 41 and base are monolithic and have essentially the same contour from 42 grade to top. Ground signs that meet the following regulations are 43 permitted in the C-3 district only along U.S. Route 1 and Northlake 44 Boulevard: 45 46 Page 8 of 36 1. Maximum number of ground signs: One (1) ground sign 1 along U.S. Route 1 and one (1) ground sign along Northlake 2 Boulevard, regardless of jurisdiction, North Palm Beach or 3 Lake Park. 4 5 2. Maximum height of ground sign base: Three (3) feet. 6 7 3. Maximum height of ground signs: Thirteen (13) feet 8 including the base, measured from the finished grade nearest 9 the base (excluding berms). 10 11 4. Maximum size of ground signs: One hundred (100) square 12 feet; copy may be placed on two (2) sides of a ground sign 13 without counting the area twice. 14 15 b. Pole signs are not attached to any building and are supported upon 16 the ground by poles or braces. Pole signs are not permitted in the C-17 3 district. 18 19 c. Wall signs are those that are attached to the exterior of a building or 20 structure in such a manner that the wall becomes the supporting 21 structure, and may form the background surface, of the sign. Wall 22 signs are permitted in the C-3 district provided they meet the 23 following regulations: 24 25 1. Maximum depth of wall signs: Wall signs may not be painted 26 directly on the wall and may not project more than two (2) 27 feet from the building to which they are fastened. 28 29 2. Allowable slope of wall signs: Wall signs may not be 30 attached to walls that slope more than forty-five (45) degrees 31 from a vertical plane. 32 33 3. Maximum height of wall signs: Eighteen (18) feet measured 34 from the finished grade nearest the wall, except that on a 35 building of more than two (2) stories, a single wall sign is 36 allowed above eighteen (18) feet. No wall sign may extend 37 above the top of the wall to which it is attached. 38 39 4. Maximum number of wall signs: One (1) permanent wall 40 sign is permitted for each business which has direct ground 41 level walk-in access from a public or private roadway or 42 sidewalk, and one additional permanent wall sign 43 identifying the building is permitted for each multiple 44 occupancy complex. 45 46 Page 9 of 36 5. Maximum size of wall signs: Five (5) percent of the area of 1 the wall to which it is attached; or seven (7) percent if the 2 front building setback is greater than seventy (70) feet; or ten 3 (10) percent if the front building setback is greater than one 4 hundred (100) feet. However, in no case shall a wall sign 5 exceed one hundred (100) square feet in size. 6 7 d. Roof signs are erected and constructed wholly on and over the roof 8 of a building, and are supported by the roof structure or are an 9 integral part of the roof. Roof signs are not permitted in the C-3 10 district. 11 12 e. Size computations: When these regulations establish the maximum 13 size of a sign, it shall be computed by means of the smallest square, 14 circle, rectangle, triangle, or combination thereof that will 15 encompass the extreme limits of the writing, representation, 16 emblem, or other display, together with any material or color 17 forming an integral part of the background of the display or used to 18 differentiate the sign any backdrop or structure against which it is 19 placed. 20 21 f. Allowable colors: Notwithstanding the regulations in Chapter 6 of 22 this Code, color tones utilized for all signs complying with these 23 regulations shall be compatible with surrounding area. 24 25 g. Lighting: Signs containing illumination shall be turned off by 12:00 26 a.m. (midnight) each night, or when the business closes, whichever 27 is later. 28 29 h. Appeals: Notwithstanding conflicting appeal procedures found 30 elsewhere in this Code, all requests for modifications to sign 31 regulations in the C-3 zoning district shall be made through the 32 special C-3 PUD procedures found below in 45-34.1(10). 33 34 (8) Surface water management. A complete surface water management system 35 shall be provided to current standards of the South Florida Water 36 Management District whenever a building or parking area is substantially 37 redeveloped. 38 39 (9) Location of business for retail sales of alcoholic beverages. 40 41 a. No licensed retail sales of alcoholic beverages shall be carried on 42 where the proposed place of business is within five hundred (500) 43 feet of a church, synagogue, temple or other place of worship. 44 45 Page 10 of 36 b. The method of measurement provided for above shall be made or 1 taken from the main front entrance of such church to the main front 2 entrance of the applicants proposed place of business along the route 3 of ordinary pedestrian traffic. 4 5 c. The restrictions of section 45-34.1(9), (1)[a.] shall not apply to the 6 retail sale of beer, ale or wine for off-premises consumption. 7 8 d. The restrictions of section 45-34.1(9), (1)[a.] shall not apply to any 9 bona fide restaurant as defined and licensed under Florida Statutes 10 as a restaurant with full kitchen facilities, regardless of size or 11 seating capacity, where alcoholic beverages are served solely as an 12 accessory use to the restaurant and only when such restaurant is open 13 for the sale and service of food. 14 15 (10) Special C-3 Planned Unit Development (PUD) provisions. Land in a C-3 16 zoning district may have fragmented ownership or may adjoin a municipal 17 boundary. Despite these complications, the Village of North Palm Beach 18 desires to provide for an added degree of flexibility in the placement and 19 interrelationship of the buildings and land uses in this district. One (1) or 20 more landowners in the C-3 district may elect to use these special PUD 21 procedures to seek approval of a site development plan that resolves 22 ownership or boundary complications and/or which differs from the literal 23 terms of these zoning and land development regulations. These procedures 24 may also be used to seek approval for certain land uses that are not permitted 25 by right in the C-3 district (see section 45-34.1(1) above) or to request a 26 specific modification to the sign regulations. However, any PUD approval 27 under these procedures must be consistent with the spirit and intent of the 28 C-3 zoning district and must also be consistent with the Comprehensive 29 Plan. It is the intention of the village to provide a mechanism and process 30 to promote the redevelopment of the obsolete and underutilized areas of the 31 C-3 zoning district with large-scale, master-planned projects that promote: 32 a mix of uses; connectivity; pedestrian-oriented development; removal of 33 surface parking; creation of public/civic gathering spaces; and shopping, 34 entertainment and restaurant uses within the form of an urban neighborhood 35 incorporating residential development as an integral use. These projects 36 promote the economic and redevelopment goals of the village, and the 37 village has created these planned unit development (PUD) provisions to 38 facilitate these goals. Properties in the C-3 zoning district that do not meet 39 the threshold criteria set forth below may utilize the general PUD provisions 40 of section 45-35.1 of this code as set forth in section 45-35.1(D). Properties 41 in the C-3 zoning district that do meet the threshold criteria below may, at 42 the option of the property owner, utilize the following special PUD 43 regulations: 44 a. The threshold criteria for use of these special provisions are as 45 follows: 46 Page 11 of 36 1 1. The development parcel includes a minimum of at least five 2 (5) contiguous acres of land that will be initially reviewed 3 and approved as one overall development project. Any 4 subsequent amendments to such plan or individual phases of 5 such plan shall also be subject to these special provisions. 6 7 2. The project provides a minimum of one-half (1/2) acre for a 8 civic space within the project site. “Civic space” shall be 9 defined as an open space that is dedicated for public use 10 including all adjacent pedestrian amenities. The civic space 11 may include, parks, plazas, courtyards, playgrounds, or 12 similar uses. The civic space may be owned, maintained 13 and/or operated either publicly or privately. The civic space 14 may be reconfigured or relocated from the orientation shown 15 on the regulating plan. Civic space provided pursuant to this 16 subsection shall be credited towards the public sites and 17 open spaces requirements of section 36-23 of this code. 18 19 3. To achieve a mixed-use project, a minimum of 50,000 20 square feet of the total project development shall be 21 allocated to non-residential uses. 22 23 4. The project provides additional public benefits in the form 24 of enhanced landscaping, the creation of a functional living, 25 shopping and/or working environments, or innovative 26 architectural design. 27 28 b. Additional land uses: The following land uses are not permitted by 29 right but may be approved in response to a specific PUD application: 30 31 1. Automobile, truck, or motorcycle dealers (new or used). 32 33 2. Cultural, civic, educational, health care, and religious 34 facilities. 35 36 3. Nursing or convalescent homes. 37 38 4. Offices for non-profit, religious, or governmental activities. 39 40 5. Automobile service stations, not involving automobile 41 repairs or maintenance, including ancillary uses of 42 convenience store and car wash. 43 44 a b. Allowable changes to existing regulations: No PUD approval can 45 permit any development that is inconsistent with the Comprehensive 46 Page 12 of 36 Plan. Subject to this limitation, changes may be considered through 1 this process to any zoning and land development regulation that the 2 village council finds would unduly constrain desirable re-use and/or 3 redevelopment of land in the C-3 zoning district. After any such 4 changes are made by the village council, those changes shall govern 5 to the extent of conflict with these regulations the village council 6 may grant waivers to the applicable regulations set forth in this 7 section and as otherwise provided in this chapter subject to the 8 following: 9 10 1. A waiver request in the C-3 zoning district cannot be used 11 to: 12 13 i. Add uses that are not allowable under this code; 14 15 ii. Increase the allowable floor area ratio; or 16 17 iii. Increase the allowable building height. 18 19 2. When evaluating waiver requests, the village will consider 20 the following factors and any additional criteria set forth in 21 the relevant zoning district: 22 23 i. The extent to which the alternate standard proposed 24 by the applicant differs from the code's standard that 25 would be waived; 26 27 ii. Whether the granting of the waiver will lead to 28 innovative design in which other minimum standards 29 are exceeded; 30 31 iii. Whether the request clearly demonstrates the public 32 benefits to be derived; 33 34 iv. Whether the request furthers the goals of the village 35 master plan, and exemplifies the architectural, 36 building, and site design techniques desired within 37 the village's appearance plan; 38 39 v. Whether the requested waiver can be granted in the 40 zoning district; 41 42 vi. Any unusual circumstances regarding the property or 43 immediate area, including the location of power 44 lines, specimen trees, or shade trees; and 45 46 Page 13 of 36 vii. The effect of approving or denying the waiver on the 1 development project and on the surrounding area. 2 3 c. Minimum PUD requirements Unified control: There is no minimum 4 parcel size for PUD applications. However, most favorable 5 consideration will be given to applications that encompass the 6 largest possible land area, and no parcel that is smaller than its size 7 when this section was adopted (March, 1995) may be submitted 8 unless it was properly platted through the provisions of these land 9 development regulations. All parcels submitted in a single PUD 10 application must be contiguous and must be owned by or be under 11 the unified control of the applicant. All common areas shall be 12 subject to joint maintenance by all of the property owners within the 13 PUD, and the unified control documents shall provide for reciprocal 14 easements over all streets, driveways, parking areas, pedestrian 15 areas and civic space in favor of all properties within the PUD. 16 While the village shall always treat the PUD as one project, portions 17 of the PUD may be conveyed to third parties by metes and bounds 18 once the unified control documents have been approved by the 19 village attorney and recorded in the county public records. 20 21 d. Application procedures: PUD applications made under this section 22 shall be accompanied by the applicable fee and shall contain the 23 following: 24 25 1. Satisfactory evidence of unified control of the entire area 26 within the proposed PUD; agreement to abide by the 27 conditions of approval, if granted; and ability to bind 28 successors in title to these conditions if the proposed 29 development is built. 30 31 2. A proposed master site development plan in sufficient detail 32 to show the approximate locations of buildings, parking 33 areas, and stormwater management facilities. This plan shall 34 also show the exact locations of all access points to public 35 streets and to any abutting land zoned C-3, whether in Lake 36 Park or North Palm Beach. The master plan shall also 37 include intensity of each use, maximum floor area ratio 38 (FAR), and building heights. The master plan may include 39 phased development. 40 41 3. Unless clearly shown directly on the site development plan, 42 an explicit list of zoning and land development regulations 43 for which changes are sought, and the proposed alternate 44 standards. An application and justification statement 45 describing the proposed land uses, identifying requested 46 Page 14 of 36 waivers, demonstrating compliance with all code 1 requirements, and setting for any volunteered limited 2 conditions furthering the intent of the C-3 zoning district. 3 4 4. A specific list describing any of the additional land uses 5 listed in section 45-34.1(10)b. for which the applicant is 6 requesting approval. Vehicular circulation plan and traffic 7 impact study completed by a certified transportation 8 engineer. 9 10 5. Any volunteered limiting conditions that could provide 11 assurances that the development as proposed would further 12 the intent and spirit of the C-3 district and the 13 Comprehensive Plan. Conceptual drainage plan and 14 statement prepared by a certified civil engineer. 15 16 6. Conceptual landscape design completed by a registered 17 landscape architect. 18 19 7. Preliminary plat 20 21 8. Conceptual architecture elevations and/or renderings and 22 any other information requested by the community 23 development director. 24 25 The site development plan, lists of alternate standards and additional 26 land uses, and volunteered conditions should be submitted in a 27 format suitable for attachment to an ordinance approving the 28 requests. 29 30 e. Approval process: PUD applications under this section shall be 31 forwarded along with recommendations from staff to the planning 32 commission, which after holding a public hearing shall make a 33 formal recommendation to the village council of approval, partial 34 approval, or disapproval. The village council shall also hold a public 35 hearing and decide whether to approve, partially approve, or 36 disapprove the PUD application. to take final action on the 37 application. Unless the application is disapproved in full, this action 38 shall be by ordinance. The applicant may then proceed to obtain 39 final site plan and appearance approval for specific phases of the 40 project (if applicable) as indicated in the approved master plan. all 41 other needed development permits in accordance with the village's 42 regulations. 43 44 f. Application review procedures abutting or crossing a municipal 45 boundary: Any PUD application for property abutting or crossing 46 Page 15 of 36 the Lake Park town boundary shall meet all of the above 1 requirements. In addition, to protect the interests of other C-3 2 landowners and the town, a decision on the PUD application shall 3 be made by the village council only at a joint meeting with the Lake 4 Park Town Commission. Regardless of the final governing body 5 approving the project, joint municipal staff review and a joint 6 meeting of the North Palm Beach planning commission and the 7 Lake Park planning and zoning board shall be required for approval. 8 Both municipalities shall review the master plan and subsequent site 9 plan and appearance approvals, unless otherwise provided for as part 10 of the master plan approval process. For projects proposed within 11 the jurisdictional boundaries of both Lake Park and North Palm 12 Beach, the project shall be reviewed in accordance with the 13 governing standards of whichever jurisdiction contains eighty 14 percent (80%) or more of the project area. The governing body of 15 the same jurisdiction, instead of both governing bodies, shall make 16 final approval, with recommendations from both advisory planning 17 boards. 18 19 g. Regulating Plan. Figure 1, Regulating Plan, identifies the 20 properties, frontage types and street locations for properties 21 developing under the special PUD regulations. 22 23 Page 16 of 36 Figure 1 – Regulating Plan 1 2 Page 17 of 36 h. Building frontage types. 1 2 1. Setbacks. The following setbacks shall apply to development 3 parcels approved through the site and appearance review 4 process: 5 6 i. Perimeter setbacks: All buildings fronting public 7 rights-of-way shall meet the front setbacks as 8 indicated in the regulating plan and further described 9 in Table 2. 10 11 ii. Additional setbacks to internal property lines, parcel 12 lines or private internal streets, drives or alleys: All 13 internal buildings shall meet the building frontages 14 as indicated on the regulating plan and described in 15 Table 2. 16 17 iii. Spacing between buildings: The minimum spacing 18 between individual buildings on the same property, 19 same parcel or adjoining C-3 properties shall be 20 determined by applicable fire and building codes. 21 22 23 Page 18 of 36 Table 2 - Building Frontage Types 1 The following frontage configurations shall be used within the properties designated on the 2 regulating plan. See Figure 1 for permitted frontage locations. 3 4 5 Frontage A1 6 7 8 Page 19 of 36 Frontage A2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page 20 of 36 Frontage B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page 21 of 36 Frontage C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page 22 of 36 Frontage D 1 2 i. Building Frontage percentage: The building frontage 3 percentage is calculated by dividing the width of the building 4 by the width of the lot along the same street frontage. All 5 buildings shall have a minimum frontage of seventy percent 6 (70%) for internal streets and eighty percent (80%) along 7 Palmetto Drive, U.S. Highway One and Northlake 8 Boulevard. 9 10 j. Development Intensities: Master site development plans 11 proposed through this process shall have a maximum Floor 12 Area Ratio (FAR) of 2.75. The FAR is calculated by the 13 total gross area of the property, including existing and 14 proposed easements and proposed public and private streets 15 Page 23 of 36 and alleys multiplied by the FAR. The maximum building 1 area is limited by the maximum allowable FAR. “Building 2 area” means the total air-conditioned leasable or saleable 3 floor area of a building, including hallways, stairs, elevators 4 and storage spaces. The building area does not include: non-5 habitable enclosed areas on the rooftop; external unenclosed 6 circulation areas; parking areas and parking garages; 7 unenclosed colonnades, porches and balconies; and un-air-8 conditioned storage spaces. 9 10 k. Building Height: Buildings meeting each of the criteria of 11 these special PUD provisions set forth in subsection (10)(a) 12 above may have up to fourteen (14) stories and a maximum 13 height of one hundred seventy-five feet (175’), not including 14 roof-top amenities. However, buildings fronting U.S. 15 Highway One, Northlake Boulevard and Palmetto Drive 16 shall not exceed nine (9) stories or one hundred twenty feet 17 (120’) in height within fifty feet (50’) feet of the right-of-18 way. 19 20 For the purposes of calculating the number of stories in a 21 building, stories shall be defined as the space between the 22 finished floor and the top of the structural slab and adjusted 23 as follows: 24 25 1. Each level devoted to parking is considered as an 26 individual story when calculating the number of 27 stories in a building, except where parking levels are 28 screened by a liner building that is a minimum of 29 twenty feet (20’) deep and at least two (2) stories tall 30 or an enhanced and aesthetically pleasing 31 architectural feature that screens the parking. 32 33 2. When parking levels are constructed on a slope or are 34 connected by sloping or circular ramps, the number 35 of stories will be based on the non-sloped areas. If 36 there are no non-sloped areas, the number of stories 37 will be counted as the highest parking level plus each 38 parking level below. 39 40 3. A mezzanine will not count towards the number of 41 stories provided the total area of the mezzanine level 42 is less than forty percent (40%) of the floor area of 43 the main story below. 44 45 Page 24 of 36 4. Rooftop amenities shall not count as a story so long 1 as no more than forty percent (40%) of the rooftop 2 shall be fully enclosed, air-conditioned space. None 3 of the rooftop space is habitable for residential 4 purposes. 5 6 l. Floor to Floor Heights: Development may use the following 7 standards for the elevation of ground-floors and minimum/ 8 maximum dimensions for floor heights. These standards are 9 measured as follows in Table 3. 10 11 Table 3 - Floor to Floor Standards Max. Height of ground-story: 25’ Height of upper-story: 14' 12 Exceptions: The maximum floor to floor height standards in 13 Table 3 do not apply in the following circumstances: 14 15 1. A story in or under a building that is devoted to 16 parking is counted as a story when calculating the 17 number of stories in a building, but does not need to 18 comply with the maximum floor to floor heights in 19 Table 3. 20 21 2. When the total area of mezzanine level is less than 22 forty percent (40%) of the floor area of the story 23 below, the mezzanine level does not need to comply 24 with the maximum floor to floor heights in Table 3. 25 26 3. Any story that exceeds the height limitation of Table 27 3 will count as an additional story. 28 29 m. Architectural Features: 30 31 1. Main Entrances: 32 33 i. The main entrance for all buildings in these 34 special provisions is its principal point of 35 access for pedestrians. Main entrances must 36 face a street, alley, or civic space. 37 38 ii. Buildings fronting on two streets may have a 39 pedestrian entrance on both streets. 40 41 2. Facade Transparency: 42 Page 25 of 36 1 i. Transparency means the amount of 2 transparent window glass or other openings 3 in a building’s façade along a street frontage. 4 The transparency ratio requirement is 5 expressed as the percentage of the transparent 6 area divided by the entire façade area. It is 7 calculated separately for the ground story of 8 a façade and all upper story floors above the 9 first floor. 10 11 ii. A minimum of sixty percent (60%) 12 transparency shall be provided for all ground 13 floor non-residential building frontage and all 14 non-residential uses above the ground floor, 15 with the exception of garage structures and 16 floors above the ground floor that are part of 17 a parking structure which are exempt from 18 this requirement. 19 20 iii. Glazed windows and doors with tinted glass 21 or applied films will be considered 22 transparent if they transmit at least fifty 23 percent (50%) of visible daylight. 24 25 iv. The transparent area of windows and doors 26 include rails and stiles as well as muntin bars 27 and other separators within primarily glazed 28 areas; however, the transparent area excludes 29 outer solid areas such as jambs, sills and trim. 30 31 n. Street and Sidewalk Standards: 32 33 1. Streets and blocks are indicated on the Regulating 34 Plan, Figure 1. Final development plans may deviate 35 from the alignment of those streets provided the 36 modification provides equivalent functionality to 37 intersections with U.S. Highway One and roads 38 within the Town of Lake Park. Modifications shall 39 be requested through the PUD application process. 40 41 2. Streets shall be designed in accordance with Figure 2 42 and shall be built concurrently with the development 43 or a phasing plan approved by the village. 44 45 Page 26 of 36 3. To encourage pedestrian circulation, minor streets 1 may be designed primarily for pedestrian use with 2 the ability to accommodate service and emergency 3 vehicles when required. 4 5 4. All streets within the C-3 zoning district shall be 6 owned and maintained privately unless otherwise 7 approved by the village. 8 9 5. Alleys may be proposed between streets shown on 10 the regulating plan. 11 12 6. Sidewalks adjacent to the U.S. Highway One and 13 Northlake Boulevard rights-of-way shall be a 14 minimum of eight feet (8’) in width. All sidewalks 15 shall be a minimum of six feet (6’) in width. 16 17 7. One-way streets shall only be permitted adjacent to a 18 civic space, following the lane width, parking and 19 planter dimensions shown in Figure 2. All one-way 20 streets shall be in addition to the proposed streets 21 shown on the regulating plan. A traffic circulation 22 plan shall be included with the master plan 23 application to ensure anticipated connections are 24 maintained. 25 26 Page 27 of 36 1 Figure 2 2 3 4 5 Description: Details: Key: Width of right-of-way 60’min. A Movement type Slow Target speed 25 mph Width of pavement 36’min. B Travel lanes 10’ min. travel lanes C Bicycle facilities shared travel lanes C On-street parking 8’ min parallel parking D Pedestrian facilities 12’min. E Furnishing strip: F Tree spacing 30’ average 6 o. Landscape Standards. All landscaping shall meet the 7 requirements of the Article VIII (Landscaping) of this 8 chapter unless a waiver is requested through the PUD 9 process. 10 11 p. Parking Standards. Parking shall meet the requirements of 12 this subsection. Dimensions and specifications for parking 13 shall meet section 45-36.J of this code. 14 15 1. Parking space ratios: Table 4 provides parking space 16 ratios for various uses on a site within the PUD. 17 These ratios establish the minimum number of on-18 site parking spaces. Ratios based on square feet refer 19 to the gross floor area. 20 Page 28 of 36 Table 4_-_Parking Space Ratios PROPOSED USE PARKING SPACE RATIO RESIDENTIAL USES Dwelling, all other dwelling types Efficiency 1 per unit 1 bedroom 1.25 per unit 2 or more bedrooms 1.75 per unit Live/work unit 1 per 1,000 sq. feet Assisted living facility 0.5 per resident Community residential home 0.5 per resident LODGING USES Bed-and-breakfast establishment 1 per guest room Hotel 1 per guest room Motel 1 per guest room Time-share unit 1.25 per unit BUSINESS USES Offices, general 2 per 1,000 sq. feet Office or clinic, medical or dental 3 per 1,000 sq. feet Stores & services, general 2 per 1,000 sq. feet Stores & services, large format 3 per 1,000 sq. feet Convenience store with fuel 5 per 1,000 sq. feet Dog daycare 3 per 1,000 sq. feet Drive-through facility (for any use) --- Garage, parking --- Restaurant or cocktail lounge 10 per 1,000 sq. feet Telecommunications antennas --- CIVIC & EDUCATION USES Child care facility 1 per 12 students Church or place of worship 1 per 4 peak attendees Civic space --- Family day care (no additional parking) Government building 2 per 1,000 sq. feet Public space --- School, public or private 1 per 12 students Page 29 of 36 2. Parking space adjustments. The number of on-site parking spaces calculated in accordance with Table 4 shall be adjusted under any one or more of the following circumstances: i. Mixed-use developments qualify for the shared-parking percentage reductions specified in Table 5 provided the development includes at least ten percent (10%) of its gross floor area in a second category of Figure 4 (residential, lodging, office, business, and civic/education uses). ii. Required spaces may be located up to five hundred (500) feet off-site in a dedicated or joint-use parking lot provided that permission to use those spaces is specified in a binding agreement that is reviewed and approved during the site plan and appearance review process. iii. Golf cart parking spaces may be provided with minimum dimensions of five (5) feet wide by ten (10) feet long. However, none of the development's required parking spaces may be met by golf cart parking spaces. Table 5 - Shared Parking Reductions Page 30 of 36 3. A deferred parking plan may be approved by the village if a parking study is provided that demonstrates the need for parking is less than what is required by code, or the owner has demonstrated that an alternative means of access to the uses on the site justifies the deferral of the construction of a portion of the required parking spaces. The deferred parking plan shall: i. Be designed to contain sufficient space to meet the full parking requirements of the code. The plan shall illustrate the layout for the full number of parking spaces, and shall designate which parking spaces are to be deferred. ii. Be designed so that the deferred parking spaces are not located in areas required for landscaping, buffer zones, or areas that would otherwise be unsuitable for parking spaces because of the physical characteristics of the land or other requirements of this code. 4. Physical standards for parking lots, driveways, and loading: Physical standards for outdoor parking lots, driveways and loading are contained herein or as modified by a request through the PUD process. No parking shall be located within the building frontage setback. 5. Standards for parking garages: Parking spaces may be provided under or in buildings or in dedicated parking garages instead of being provided in uncovered surface parking lots. Such parking spaces need not comply with the minimum setbacks for surface parking lots. These parking spaces must be screened from view from all streets. Screening may be provided by rooms in the same building or with a liner building that is at least two (2) stories tall with space at least twenty feet (20’) feet deep or an enhanced and aesthetically-pleasing architectural feature screening the same two (2) stories. Page 31 of 36 q. Sign Standards: All projects shall provide a sign plan that shall be reviewed and approved by the village during site plan and appearance approval. Pedestrian oriented signs are strongly encouraged and no ground signs shall be permitted as part of the PUD. r. Lighting Standards: A photometric plan shall be provided during site plan and appearance review. The plan shall include all luminaire specifications, pole locations, and foot-candle levels on directly adjacent properties. Light trespass shall be limited to the largest extent possible. Section 3. The Village Council hereby amends Article III, “District Regulations,” of 1 Appendix C (Chapter 45) of the Village Code of Ordinances by amending Section 45-35.1 to read 2 as follows (additional language underlined and deleted language stricken through): 3 4 Sec. 45-35.1. - Planned unit development. 5 6 I. Statement of intent. 7 8 A. The intent of this section is to provide, in the case of a 9 commercial planned unit development consisting of one 10 (1.0) or more acres, in the case of an industrial planned unit 11 development consisting of one (1.0) or more acres, and in 12 the case of a residential planned unit development, an added 13 degree of flexibility in the placement and interrelationship of 14 the buildings and uses within the planned unit development, 15 together with the implementation of new design concepts. At 16 the same time the intensity of land use, density of population 17 and amounts of light, air, access and required open space will 18 be maintained for the zoning district in which the proposed 19 project is to be located, except as may be permitted for key 20 redevelopment sites through subsection 45-35.1.VIII. 21 Nothing herein should be construed as allowing deviation for 22 uses other than those specified as permitted uses, nor any 23 greater intensity of use or density of population nor any less 24 required open space than that which is specified in this 25 chapter for the zoning district in which a proposed project is 26 located, except as may be permitted through subsection 45-27 35.1.VIII. 28 29 B. Subject to the foregoing statement of intent, the village 30 council may, in the case of commercial, industrial and 31 residential planned unit developments, allow for minor 32 modification of the provisions of this chapter or other land 33 Page 32 of 36 development regulations in accordance with the procedure 1 set forth in subsections II, III, IV and V. 2 3 C. The Planned Unit Development procedures in section 45-4 35.1 may not be used in the following zoning districts which 5 provide a different process for considering minor 6 modifications: 7 8 1. C-MU the C-MU zoning district allows waivers (see 9 the C-MU zoning district and section 45-51). 10 11 2. C-3 the C-3 zoning district contains special PUD 12 procedures that apply only to that district (see 13 subsection 45-34.1.K). 14 15 3 2. C-NB the C-NB zoning district allows waivers (see 16 the C-NB zoning district and section 45-51). 17 18 D. The Planned Unit Development procedures in section 45-19 35.1 may be used in the C-3 zoning district where the 20 property does not meet the threshold criteria for use of the 21 special Planned Unit Development procedure set forth in 22 section 45-34.1(10) of this code. The minimum size 23 requirement set forth in subsection A above shall not be 24 applicable to such Planned Unit Developments within the C-25 3 zoning district. 26 27 28 Section 4. The Village Council hereby amends Article VII, “Nonconforming Uses of Land 29 and Structures,” of Appendix C (Chapter 45) of the Village Code of Ordinances by amending 30 Section 45-65 to read as follows (deleted language stricken through): 31 32 Sec. 45-65. Nonconforming uses of structures or of structures and premises 33 in combination. 34 35 (1) If a lawful use involving individual structures with a replacement cost of 36 one thousand dollars ($1,000.00) or more, or of structure and premises in 37 combination, exists at the effective date of adoption or amendment of this 38 ordinance, that would not be allowed in the district under the terms of this 39 ordinance, the lawful use may be continued so long as it remains otherwise 40 lawful, subject to the following provisions: 41 42 (a) No existing structure devoted to a use not permitted by this 43 ordinance in the district in which it is located shall be enlarged, 44 extended, constructed, reconstructed, moved or structurally altered 45 Page 33 of 36 except in changing the use of the structure to a use permitted in the 1 district in which it is located; 2 3 (b) Any nonconforming use may be extended throughout any parts of a 4 building which were manifestly arranged or designed for such use 5 at the time of adoption or amendment of this ordinance, but no such 6 use shall be extended to occupy any land outside such building; 7 8 (c) Any structure, or structure and land in combination, in or on which 9 a nonconforming use is superseded by a permitted use, shall 10 thereafter conform to the regulations for the district in which such 11 structure is located, and the nonconforming use may not thereafter 12 be resumed; 13 14 (d) When a nonconforming use of a structure, or structure and premises 15 in combination, is discontinued or abandoned for six (6) consecutive 16 months or for eighteen (18) months during any three-year period 17 (except when government action impedes access to the premises), 18 the structure, or structure and premises in combination, shall not 19 thereafter be used except in conformance with the regulations of the 20 district in which it is located; 21 22 (e) Where nonconforming use status applies to a structure and premises 23 in combination, removal or destruction of the structure shall 24 eliminate the nonconforming status of the land. Destruction for the 25 purpose of this subsection is defined as damage to an extent of more 26 than fifty (50) percent of the replacement cost at time of destruction. 27 28 (2) If an existing use of a structure was legally permitted on its site prior to 29 changes in the C-MU, C-3, or C-NB zoning districts in 2020 but is not listed 30 as a permitted use in the new district, that existing use will continue to be 31 deemed a permitted use and will not be subject to the restrictions in section 32 45-65(1)(a)-(c) and 45-65(1)e. Notwithstanding the foregoing, these uses 33 will not be allowed to continue if discontinued or abandoned as defined 34 by 45-65(1)(d). 35 36 (3) Nonconformities not involving the use of a principal structure, e.g., open 37 storage, building supplies, vehicle, mobile home, implement and machinery 38 storage, signs, billboards, junkyards, commercial animal yards and the like, 39 shall be discontinued within two (2) years of the effective date of this 40 ordinance or amendment. 41 42 Section 5. The Village Council hereby amends Article VIII, “Landscaping,” of Appendix C 43 (Chapter 45) of the Village Code of Ordinances to read as follows (additional language underlined 44 and deleted language stricken through): 45 46 Page 34 of 36 * * * 1 2 Sec. 45-90. Landscape requirements for site perimeters. 3 4 A. Minimum buffer width for site perimeters. A landscape buffer of the widths 5 specified in Table 45-90 shall be provided around the perimeter of all 6 parcels in the specified zoning districts. 7 8 Table 45-90 – Minimum Buffer Widths 9 Front Yard Side Yard Rear Yard R-3 8 feet 5 feet 1 5 feet C-MU 5 feet 2 - 5 feet C-2 G 8 feet 10 feet 5 feet 3 C-3 5 feet 2 - 5 feet 4 C-NB 5 feet - 5 feet All other commercial 5 feet 5 feet 5 4 5 feet I-1 see section 45-38 10 NOTES: 11 12 1 Only required in side yards that adjoin R-1 or R-2 districts 13 2 Does not apply to all building frontage types; along U.S. Highway 1 and 14 Northlake Boulevard, the front yard landscape buffer may not be placed on a 15 sidewalk easement (see subsections 45-31.E.6 and 45-34.1.H) 16 3 Not required on parcels that adjoint the railroad right-of-way 17 4 Only required on parcels that adjoint U.S. Highway 1 or Northlake Boulevard 18 (see subsection 45-34.1.H) 19 5 4 Only required in side yards that adjoint less intense zoning districts (any 20 residential district) 21 22 * * * 23 24 Sec. 45-91. Landscape requirements for base of foundation. 25 26 A. Location and width. 27 28 1. There shall be foundation landscaping within five (5) feet of all 29 buildings and structures. 30 31 a. These landscape areas shall be provided along all four (4) 32 facades of all structures, excluding rear service areas not 33 visible by a public road right-of-way or not generally 34 traveled by the public or visible from adjacent structures. 35 36 Page 35 of 36 b. The combined length of the required foundation planting 1 shall be no less than forty (40) percent of the total length of 2 the applicable side of the structure. 3 4 2. This requirement shall not apply in the C-MU and C-3 zoning 5 districts in front of buildings that meet the standards for a gallery, 6 storefront, or canopy building frontage type. 7 8 B. Minimum standards. 9 10 1. When required, foundation landscaping shall always extend along 11 the portions of a facade that directly abut a street, a parking lot, and 12 other vehicular use areas, excluding doorways. 13 14 2. A minimum of one (1) tree shall be planted for each seventy-five 15 (75) linear feet of building perimeter, using a species suitable for 16 this location. The remainder of the landscape area shall be treated 17 appropriately with plantings which may include shrubs, vines, 18 flower boxes, ground cover, and mulch, and with pedestrian 19 accessways. 20 21 Section 6. The provisions of this Ordinance shall become and be made a part of the Code of 22 the Village of North Palm Beach, Florida. 23 24 Section 7. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 25 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 26 such holding shall not affect the remainder of this Ordinance. 27 28 Section 8. All ordinances or parts of ordinances and resolutions or parts of resolutions in 29 conflict herewith are hereby repealed to the extent of such conflict. 30 31 Section 9. This Ordinance shall take effect upon the effective date of Ordinance No. 2023-05. 32 33 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2023. 34 35 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 36 2023. 37 38 39 (Village Seal) 40 MAYOR 41 42 ATTEST: 43 44 45 VILLAGE CLERK 46 Page 36 of 36 APPROVED AS TO FORM AND 1 LEGAL SUFFICIENCY: 2 3 4 VILLAGE ATTORNEY VILLAGE OF NORTH PALM BEACH C-3 PUD RECOMMENDATIONS PREPARED FOR THE VILLAGE OF NORTH PALM BEACH DRAFT PREPARED BY THE TREASURE COAST REGIONAL PLANNING COUNCIL JANUARY 2023 MAYOR AND VILLAGE COUNCIL Dr. Deborah Searcy, Mayor David Norris, Vice Mayor Susan Bickel, President Pro Tem Darryl Aubrey, Councilmember Mark Mullinix, Councilmember VILLAGE STAFF Chuck Huff , Interim Village Manager Alex Ahrenholz, Community Development Director (Acting) Leonard G. Rubin, Village Attorney C-3 PUD ANALYSIS 1 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS BACKGROUND The Village of North Palm Beach (Village) has requested the Treasure Coast Regional Planning Council (Council) assist in the review of the proposed C-3 Planned Unit Development (PUD) regulations for the C-3 zoning district parcels located at the site of the old Twin City Mall. The C-3 zoning district (identifi ed in purple below left) is the only district in the Village which allows the C-3 PUD development option. The purchase of the majority (13 acres) of the C-3 district by a single developer has resulted in proposed revisions to the PUD requirements to refl ect current market and development conditions. The C-3 Zoning District identifi ed in purple above. The C-3 Zoning District identifi ed in blue above is the only area within the Village that the PUD is permitted. A historic aerial view of the original Twin City Mall which has been partially dismantled over the years, is in decline, and now is the subject of redevelopment interests. The proposed C-3 PUD Regulating Plan. C-3 PUD ANALYSIS 1 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS CITIZENS’ MASTER PLAN In 2016 Council conducted a week-long design Charrette in the Village of North Palm Beach which focused primarily on the US-1 corridor north of Northlake Boulevard and south of PGA Boulevard. The charrette team developed a conceptual plan for the Twin City Mall site which contemplated a mix of uses, building types, and scales. In 2021 an update to the 2016 Market Study was developed specifi cally for the mall site. Twin City Mall redevelopment concept from the 2016 TCRPC Charrette Master Plan. Twin City Mall redevelopment concept from the 2016 TCRPC Charrette Master Plan. OCTOBER 20, 2016 THE VILLAGE OF NORTH PALM BEACH CITIZENS’ MASTER PLAN REPORT Charrette Dates: January 30th - February 5th 2016 T REASURE COAST REGIONAL PLANNING COUNCIL Indian River - St. Lucie - Martin - Palm Beach 2021 WTL+a Market Study for the Twin City Mall site. 2016 TCRPC Village of North Palm Beach Charrette Master Plan. C-3 PUD ANALYSIS 2 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS FIELD ANALYSIS During initial presentations to the Village Council and the Planning Commission there were many discussions regarding the appropriate setbacks and relationships between new buildings and the street they front. Considering the context of the area, the width of the street, and the height of proposed new buildings, what are the appropriate building setbacks for diff erent areas? Council staff conducted fi eld research into existing built projects located in diff erent contexts to illustrate their relationship to the street and sidewalk and their measured setbacks. The following three examples are the results of that work. North Palm Beach Memory Care facility facing south on US-1. The building is set back 26.5’ from the roadway and is a good ”measuring stick” as to the appropriate setbacks in the PUD language. NORTH PALM BEACH MEMORY CARE After the 2016 Village of North Palm Beach Charrette and Master Plan were completed, a proposal was submitted for a memory care facility facing US-1 within the Village. The location for the new proposal was identifi ed as a Town Center location in the master plan so there were concerns that a single story, single use building with large front-loaded surface parking lots was the antithesis to the community’s desires. A compromise was reached during the planning of the project and a liner building facing US-1 was built to screen the parking and activate the street. The dimensions of the front setbacks were discussed at length in relation to the setbacks proposed in the PUD language. Cross section and plan of the Memory Care facility facing US-1. C-3 PUD ANALYSIS 3 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS View of N 6th Street and the Loftin Place environment at the ground level. LOFTIN PLACE Another project that was observed is the Loftin Place residential building on N 6th Street in downtown West Palm Beach. The building is eight stories tall, residential on all fl oors, and has ground-fl oor unit access facing 6th Street and N Olive Avenue. Loftin Place was developed by the current owner of the Twin City Mall properties which are the subject of the PUD revisions. Loftin Place has relatively small setbacks and narrow sidewalks however it faces a small and intimate residential street with little traffi c so in that context the building’s relationship to the street seems to work well. A cross-section of the Loftin Place residential project on N 6th Street and N Olive Avenue in West Palm Beach, Florida. This section illustrates the front-setbacks and treatments. C-3 PUD ANALYSIS 4 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS View of the sidewalk and mixed-use component of City Palms facing Dixie Highway in downtown West Palm Beach, Florida. CITY PALMS Council staff also observed and measured the front setbacks for the City Palms mixed- use residential tower on Dixie Highway in downtown West Palm Beach. A wide sidewalk already exists along Dixie Highway in this location but additional residential height was permitted for this project in exchange for civic open space which resulted in the very deep sidewalks and plazas at the ground level. The ground fl oor cafe and bakery takes full advantage of the outdoor seating areas which in turn activates the street and has made this a very popular downtown destination. City Palms mixed-use project cross section facing Dixie Highway in downtown West Palm Beach, Florida. Note the very deep public sidewalks (within the ROW) and private spaces. C-3 PUD ANALYSIS 5 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS KEY RECOMMENDATIONS The currently proposed C-3 PUD regulatory revisions recommend changes to many aspects of the development allowances and confi gurations. The Council review of the recommended revisions focuses mainly on the Regulating Plan, the Building Frontages and setbacks, required and/or permitted uses, and a number of other regulatory elements that should be reconsidered. The following pages provide a brief discussion of some elements proposed in the C-3 PUD language and Council’s suggested alterations. REGULATING PLAN The proposed C-3 PUD revisions include the provision of a Regulating Plan for the C-3 District. The Regulating Plan is a very valuable tool as it can be far more informative that a simple zoning map. The proposed Regulating Plan illustrates the beginnings of a street and block structure to occur with redevelopment of the site, identifi es areas of varying heights, and includes a key to the Street Frontage designations described later. Key elements of the currently proposed C-3 PUD revisions are provided below. Proposed C-3 PUD Regulating Plan. C-3 PUD: Proposed Development Standards • 13 Acres • 2.75 Floor Area Ratio (FAR) = 1,566,427 s.f. • 200’ = Maximum Building Height Class A Offi ce • 175’ = Maximum Building Height General • Five Story Maximum Building Height (US-1 and Palmetto Drive for a depth of 50’) C-3 PUD ANALYSIS 6 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS REGULATING PLAN The provision of a Regulating Plan for the long- term redevelopment eff orts of the C-3 PUD area is a positive approach for the Village. There can, however, be additions to the plan that would provide greater assurances to the Village that what is being envisioned is what gets built. Council has reviewed the Regulating Plan and provides the following suggestions below. Revised C-3 PUD Regulating Plan revised to illustrate the general location, size, and confi guration of the required Civic Open Space. C-3 PUD: Recommended Revisions to the Regulating Plan • Limit number of proposed Frontage and Street Section types to US-1, Palmetto Drive, Northlake Boulevard, and Interior Street (see following section) • Clearly identify location of proposed Frontage and Street Sections on the Regulating Plan • Identify Northlake Blvd., US-1, and Palmetto Drive as Primary Streets (to be held to a higher design standard and require ground fl oor active uses) • Identify general size, location, and confi guration of the required Civic Open Space on the Regulating Plan • Clarify the Boundary of the C-3 Zoning District on the Regulating Plan • Either remove existing building footprints or illustrate all of the existing building footprints on the Regulating Plan Above is a rendering of a future Civic Open Space as imagined by the developer. The general size and location should be illustrated on the Regulating Plan. C-3 PUD ANALYSIS 7 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS The current C-3 PUD regulations provide nine diff erent Building Frontage Types (labeled A through I) which are intended to give direction on building setbacks, ground fl oor uses, and lower and upper level step-backs. A vignette of each of the typologies is illustrated to the right. A summary of the information contained in the frontage types is provided below. The following pages will illustrate proposed alternatives to the current Building Frontage Types. Proposed C-3 PUD Regulating Plan C-3 PUD: Current Frontage Standards • Identify Building Setbacks as measured from the Right-of-Way • Identify Ground Floor Uses (Active or Residential uses) • Identify lower-level step-backs • Identify upper-level step-backs • Do not illustrate detailed sidewalk treatments CURRENT STREET AND FRONTAGE SECTIONS This view is looking west along Palmetto Drive. The C-3 PUD will occur to the right (north) opposite one story residential to the south. It is recommended that greater building setbacks be provided in the PUD regulations than what is currently proposed to provide a more sensitive approach to the existing context. C-3 PUD ANALYSIS 8 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS Council’s recommendations for the Palmetto Drive Street and Frontage sections. While the inclusion of the Street and Frontage Types provided in the C-3 PUD revisions is helpful, Council recommends reducing the number of sections and providing more information on the depth and composition of the front setbacks and sidewalks. The following pages off er recommended changes to the Street and Frontage sections. PROPOSED STREET AND FRONTAGE SECTIONS - PALMETTO DRIVE C-3 PUD: Recommended Revisions for Palmetto Drive Frontage Type/Street Section • Palmetto Drive is a small residential street with one-story duplex and multi-family fronting the south side of the roadway • The Palmetto Drive development fronts should be set further back from the the right of way than currently proposed to provide deeper sidewalks and a deeper buff er for the existing structures to the south • The ground level of the Palmetto Drive frontage should be active with residential uses that include units with direct access to the street (i.e. Loftin Place) • The proposed setback above the fourth fl oor should be a minimum of 10’ • The clear sidewalk zone adjacent to the new buildings along Palmetto Drive should be a minimum of 15’ in depth • There should be continuous shade trees included in the Palmetto Drive streetscape C-3 PUD ANALYSIS 9 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS US-1 is an important corridor in North Palm Beach as it serves as a gateway into the Village and is often the fi rst impression for visitors or passersby. The Charrette Master Plan primarily focused on US-1 redevelopment improvements north of Northlake Boulevard however, the C-3 PUD regulations provide an opportunity to forge substantial urban design advancements south of Northlake. The following diagram and recommendations should be included in the C-3 PUD regulations. C-3 PUD: Recommended Revisions for US-1 Frontage Type/Street Section • A minimum 25’ setback from the existing right-of-way to the face of new buildings should be provided and those areas should be treated as shaded, landscaped urban sidewalks • Active uses (residential, commercial, retail and or restaurants) should occupy the ground fl oor for at least 80% of the US-1 frontage • The areas between the existing sidewalks and the new urban setbacks should also be landscaped and include shade trees to the extent possible considering the overhead power lines • The diagram to the upper right illustrates the cross section through the new buildings and existing right-of-way • The plan view to the lower right illustrates the relationship between the new buildings, the new sidewalks, the existing sidewalk, and the power line buff er PROPOSED STREET AND FRONTAGE SECTIONS - US-1 Council’s recommendations for the US-1 Street and Frontage sections. C-3 PUD ANALYSIS 10 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS Street and Frontage Section for a typical interior street. An essential component to any new redevelopment within the C-3 PUD area is the creation of an internal network of streets and blocks. This network of streets is refl ected in the currently proposed Regulating Plan. The new interior streets should be complete with ample sidewalks, shade trees, areas for street lighting and furniture, and when possible include on-street parking. The following are specifi c recommendations for the composition of new interior streets. C-3 PUD: Recommended Revisions for Interior Street Frontage Type/Street Section • All interior streets should contain two-way travel lanes, on-street parking, wide sidewalks and shade trees • The preferred standard interior street section is illustrated at top right and includes these elements as well as critical dimensional criteria • The section to the right could be utilized when a street is bounded on one or both sides by buildings and/or civic open spaces • The plan view to the lower right illustrates the relationship between a new building, sidewalks, and the street - accommodations for on-street parking and corner bulb-outs are also shown • There should always be clearly identifi ed areas for street trees, signage and lighting, a pedestrian clear zone, and a cafe seating zone adjacent to the building • Variations to the proposed section are acceptable considering the minimum dimensional criteria are provided PROPOSED STREET AND FRONTAGE SECTIONS - INTERIOR STREET C-3 PUD ANALYSIS 11 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS Forecourt Frontage Type Building Frontage Types are a regulatory tool that helps to inform important defi ning architectural elements of buildings. The images below are a sampling of the Building Frontage Types found in the Village of North Palm Beach C-MU US-1 mixed-use zoning district. These important criteria should be incorporated into the C-3 PUD regulations. C-MU US-1 Building Frontage Types • A forecourt is a small private open space that is open to the sidewalk and bounded on two or three sides by the exterior walls of buildings. One or more forecourts are dominant features on the façade in the forecourt building frontage • A canopy frontage contains a permanently attached rigid canopy that projects outward from the façade to shield the main entrance, windows, and sidewalk from the elements • A gallery is a roofed promenade extending along the wall of a building and supported by arches or columns on the outer side. A gallery shields space below like a canopy but provides usable space above, either private open space or fully enclosed space • A storefront is a fl exible space at the sidewalk level that is directly accessible by pedestrians and suitable for retail sales. A storefront has a mostly transparent façade and a gallery, canopy, or awning that shades the storefront’s windows and doors and the sidewalk BUILDING FRONTAGE TYPES Canopy Frontage Type Gallery Frontage TypeStorefront Frontage Type C-3 PUD ANALYSIS 12 VILLAGE OF NORTH PALM BEACH C-3 PUD ANALYSIS Aerial view of the Twin City Mall site. The proposed C-3 PUD regulation revisions cover a broad spectrum of development issues and criteria. In addition to the dimensional and graphic recommendations provided in this report, Council also has a number of additional recommendations to be considered in the PUD revisions. Additional C-3 PUD Recommendations • Sidewalks should be a minimum of 15’ on all streets and more generous along Primary Streets • All interior streets should be two-way and have on- street parking • Building setbacks shown in the Street and Frontage Sections are minimums and should not be considered for reduction • All Primary Streets (Palmetto Drive, US-1, and Northlake Boulevard) shall have continuous, ground-level, active uses (residential, retail, offi ce, etc) facing the right-of- way for a minimum of 80% of the block frontage • When visible from the street, structured parking levels shall count as fl oors • Revise and simplify approach to measuring the square footage of lease-able/sale-able space (should not be measured to the centerline of walls) • Required functional spaces, including but not limited to, hallways, storage areas, mechanical rooms, electrical rooms, etc. should not be excluded from Floor Area Ratio (FAR) calculations - these areas are essential to the function of a building • Remove use restrictions, especially at ground level, to provide greatest fl exibility with the marketplace and avoid ground fl oor vacancies • Provide consistent 10’ minimum building step backs above the fourth level (see Street and Frontage sections) • Provide detailed instructions for the size and type of civic open spaces to be required ADDITIONAL RECOMMENDATIONS Rendering of proposed Paseo at Twin City Mall site. US-1 frontage at Twin City Mall site. VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE POLICE DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney Richard Jenkins, Police Chief DATE: March 9, 2023 SUBJECT: ORDINANCE 2nd Reading – Amending the Village’s Noise Regulations to Reduce the Decibel Limits and Modify the Enforcement Procedure Through the adoption of Ordinance No. 2013-04 on April 25, 2013, the Village Council adopted a new regulatory scheme for noise enforcement. The Village’s current noise regulations prohibit unreasonable noise within the Village utilizing two different methodologies: (1) decibel readings for noise emanating from properties with a commercial or light industrial zoning designation; a nd (2) a plainly audible at 150 feet standard for noise emanating from properties with a residential zoning designation. The noise regulations are enforced by the Police Department. Having enforced these regulations for the past ten years, the Police Department raised some concerns regarding the established decibel levels for “unreasonable noise” set forth in the Section 19-99 of the Village Code and the enforcement procedure set forth in Section 19-103 of the Village Code. The decibel levels were slightly higher than those of other communities and those found in model ordinances. Furthermore, the enforcement procedure has proven to be somewhat ineffective in that it requires the law enforcement officer to first issue a warning and allow the person responsible for the violation five minutes to reduce the sound level. While the regulations provide increased fines for subsequent violations, the fine schedule “resets” after 180 days, requiring the office to again issue a warning upon discovery of a noise violation. The attached Ordinance proposes the following revisions to the existing noise regulations: A. Unreasonable noise: Noise Emanating from Commercial, Mixed-Use and Industrial Property: Reduces the limits for noise from 65 dBA to 60 dBA between the hours of 10:00 p.m. and 8:00 a.m., Sunday through Thursday, and between the hours of 11:00 p.m. and 8:00 a.m., Friday through Saturday. Reduces the limits for noise from 85 dBA to 80 dBA between the hours of 8:00 a.m. and 10:00 p.m., Sunday through Thursday, and between the hours of 8:00 a.m. and 11:00 p.m., Friday through Saturday. Noise Emanating from Commercial, Mixed-Use and Industrial Property adjacent to Residential Property: Reduces the limits for noise from 60 dBA to 55 dBA between the hours of 10:00 p.m. and 8:00 a.m., Sunday through Thursday, and between the hours of 11:00 p.m. and 8:00 a.m., Friday through Saturday. Reduces the limits for noise emanating from a property with a commercial or light industrial zoning designation from 70 dBA to 65 dBA between the hours of 8:00 a.m. and 10:00 p.m., Sunday through Thursday, and between the hours of 8:00 a.m. and 11:00 p.m., Friday through Saturday. Noise Emanating from Residential Property: The plainly audible standard remains unchanged. B. Enforcement procedure: The revised enforcement procedure provides the law enforcement officer with the discretion to issue either a warning or a violation notice when the officer observes a violation of the Village’s noise regulations. In the event a warning is issued, the violator has five minutes to reduce the noise generated. The initial fine amount is $250.00, which remains unchanged. The fine for additional violations within a five-year period is increased from $300.00 to $500.00, and a fourth offense within a five-year period constitutes a criminal offense subject to the penalties set forth in Section 1-8 of the Village Code. The five-year period is tied to the definition of a “repeat violation” for code enforcement proceedings initiated pursuant to Chapter 162, Florida Statutes. A person is classified as a repeat violator if he or she violates the same code provisions within a five-year period. There is no fiscal impact. The attached Ordinance has been drafted and reviewed for legal sufficiency by the Village Attorney. At its February 9, 2023 meeting, the Village Council adopted the Ordinance on first reading by a vote of 4-0, with Councilmember Mullinix absent. However, members of the Council raised concerns regarding enforcement within the Village’s mixed-use zoning districts and where the measurements would be taken. Properties within the Village’s mixed-use zoning districts are treated in the same manner as properties with commercial or industrial zoning designations. However, recognizing that the mixed-use districts will likely have a number of multi-family residential structures, the Ordinance has been amended to provide that a violation occurs even on properties with a mixed-used zoning designation where noise is “plainly audible through the external walls and fully closed windows or doors of a residential structure or though walls, floors or partitions common to two residential units located within a single structure.” Noise is measured from the property boundary, which is defined as “the imaginary line which separates the real property owned, rented or leased by one person or entity from that owned, rented, or leased by another person or entity.” While the property boundary is generally the property line, in mixed use projects, the noise from a commercial business would be measured from anywhere outside of the area occupied and owned or leased by the business from which the noise emanates. Recommendation: Village Staff requests Council consideration and approval on second and final reading of the attached Ordinance amending the Village’s noise regulations set forth in Chapter 19 of the Village Code to reduce the decibel limits for unreasonable noise and to modify the enforcement procedure. Page 1 of 4 ORDINANCE NO. 2023-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING ARTICLE VI, “NOISE CONTROL,” OF 4 CHAPTER 19, “OFFENSES AND MISCELLANEOUS REGULATIONS,” OF THE 5 VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 19-99, 6 “DEFINITIONS,” TO MODIFY THE DECIBEL LEVELS FOR UNREASONABLE 7 NOISE AND AMENDING SECTION 19-103, “ENFORCEMENT,” TO MODIFY 8 THE ENFORCEMENT PROCEDURE; PROVIDING FOR CODIFICATION; 9 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, through the adoption of Ordinance No. 2013-04, the Village adopted a new regulatory 13 scheme for noise enforcement; and 14 15 WHEREAS, Village Staff has recommended certain revisions to the existing regulations, including 16 reducing the decibel levels at which noise is considered unreasonable and streamlining the 17 enforcement procedures, and the Village Council wishes to implement such revisions; and 18 19 WHEREAS, the Village Council determines that the adoption of this Ordinance benefits the health, 20 safety and welfare of the residents of the Village of North Palm Beach. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 23 NORTH PALM BEACH, FLORIDA as follows: 24 25 Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and are 26 incorporated herein. 27 28 Section 2. The Village Council hereby amends Article VI, “Noise Control,” of Chapter 19, 29 “Offenses and Miscellaneous Provisions,” of the Village Code of Ordinances as follows (additional 30 is underlined and deleted language is stricken through): 31 32 ARTICLE VI. NOISE CONTROL 33 34 Sec. 19-99. Definitions. 35 36 For the purposes of this article, whenever any of the following words, terms or 37 definitions are used herein they shall have the meanings ascribed to them in this section 38 except where the context requires otherwise: 39 40 Decibel means a measure of a unit of sound pressure. Sound waves having the 41 same decibel level "sound" louder or softer to the human ear depending upon the 42 frequency of the sound wave in cycles per second (i.e., whether the pitch of the sound 43 is high or low). Thus, an A-weighted filter constructed in accordance with the 44 specifications of the American National Standards Institute (“ANSI”), which 45 automatically takes account of the varying effect on the human ear of different pitches, 46 shall be used on any sound level measurements required by this article and all 47 measurements are expressed in dBA to reflect the use of this filter. 48 Page 2 of 4 Emergency and emergency work mean any occurrence or set of circumstances 1 involving or creating actual or imminent physical trauma or property damage which 2 demands immediate attention, including without limitation generators or other 3 equipment used by communications companies and utility companies in connection 4 with restoration of service operations. Where the emergency is an out of service or 5 imminent out of service condition of utilities, communications or other essential 6 services, then the company providing such essential services may respond to such 7 emergency in a timely manner and shall make such application to the village manager 8 at the earliest time thereafter. 9 10 Plainly audible sound means any sound for which any of the content of that 11 sound, such as, but not limited to, comprehensible musical rhythms, is communicated 12 to a person using his or her unaided hearing faculties. For the purposes of the 13 enforcement of this article, the detection of any component of sound, including, but 14 not limited to, the rhythmic bass, by a person using his or her normal, unaided hearing 15 faculties is sufficient to verify plainly audible sound. It is not necessary for such person 16 to determine the title, specific words or artist of music, or the content of any speech. 17 18 Property boundary means the imaginary line which separates the real property 19 owned, rented or leased by one person or entity from that owned, rented, or leased by 20 another person or entity. 21 22 Unreasonable noise means any noise in or emanating from any property 23 located within the corporate limits of village which violates the provisions of this 24 article. 25 26 A. For noise emanating from property with a commercial, mixed-use or 27 light industrial zoning designation, unreasonable noise shall be defined 28 as any noise emanating from the property which equals or excess 29 exceeds a measured sound level of sixty-five (65) sixty (60) dBA 30 between the hours of 10:00 p.m. and 8:00 a.m. Sunday through 31 Thursday, a measured sound level in excess of eighty-five (85) eighty 32 (80) dBA between the hours of 8:00 a.m. and 10:00 p.m. Sunday 33 through Thursday; and a measured sound level which equals or exceeds 34 sixty-five (65) sixty (60) dBA between the hours of 11:00 p.m. and 8:00 35 a.m. Friday through Saturday and a measured sound level meeting or 36 exceeding eighty-five (85) eighty (80) dBA between the hours of 8:00 37 a.m. and 11:00 p.m. Friday through Saturday. 38 39 B. For noise emanating from property with a commercial, mixed-use or 40 light industrial zoning designation which shares any portion of its 41 boundary with a property with a residential zoning designation, 42 unreasonable noise shall be defined as any noise emanating from the 43 property which equals or excess a measured sound level of sixty (60) 44 fifty-five (55) dBA between the hours of 10:00 p.m. and 8:00 a.m. 45 Sunday through Thursday, a measured sound level in excess of seventy 46 (70) sixty-five (65) dBA between the hours of 8:00 a.m. and 10:00 p.m. 47 Sunday through Thursday; and a measured sound level which equals or 48 exceeds sixty (60) fifty-five (55) dBA between the hours of 11:00 p.m. 49 Page 3 of 4 and 8:00 a.m. Friday through Saturday and a measured sound level 1 meeting or exceeding seventy (70) sixty-five (65) dBA between the 2 hours of 8:00 a.m. and 11:00 p.m. Friday through Saturday. 3 4 C. For noise emanating from property with a residential zoning 5 designation, unreasonable noise shall be defined as noise that is plainly 6 audible one hundred and fifty (150) feet from the property boundary of 7 the source of the sound or noise, measured on a horizontal plane. 8 Notwithstanding the foregoing, noise shall be considered unreasonable 9 when it is plainly audible through the external walls and fully closed 10 windows and doors of a residential structure or through walls, floors or 11 partitions common to two residential units located within a single 12 structure, even if such residential units are located on property with a 13 mixed-use zoning designation. 14 15 D. Noise shall be measured from the property boundary closest to the 16 source of noise with a sixty (60) second reading. Where the property 17 boundary abuts a waterway, the property boundary shall be considered 18 the opposite side of the waterway and not the actual seawall or 19 bulkhead. 20 21 Vessel shall have the same meaning as set forth in Section 327.02, Florida 22 Statutes, as may be amended from time to time. 23 24 Sec. 19-100. Prohibition against unreasonable noise. 25 26 No person shall make, continue to make or cause to be made any unreasonable 27 noise. 28 29 * * * 30 31 Sec. 19-103. Enforcement. 32 33 Whenever a law enforcement officer is notified of or observes a violation of 34 the ordinance from which this section derives, the officer shall issue a warning or 35 violation notice in writing to the individual, or individuals, responsible for the 36 violation. The warning notice shall state the dBA reading obtained by the officer 37 during measurement and the maximum dBA level established by this article, if 38 applicable. In the event of a The warning, the notice shall also inform the individual, 39 or individuals, that the generated sound level on the property must be reduced within 40 five (5) minutes or a violation notice shall be issued. Thereafter, each re-measurement 41 Each measurement which exceeds the maximum permissible sound levels established 42 by this article or each subsequent determination that the noise violates the provisions 43 of this article shall constitute a separate violation. The fine for each violation shall be 44 If there are no subsequent noise violations for a period one hundred and eighty (180) 45 days, the warning recipient shall be served with a warning for their next recorded 46 offense. Following the issuance of a warning when the second offense occurs within 47 the same one hundred and eighty (180) day time period the fine shall be two hundred 48 fifty dollars ($250.00). The fine for any additional violation by the same individual or 49 Page 4 of 4 individuals within a five (5) year period shall be five hundred dollars ($500.00). A 1 third offense within the same one hundred and eighty (180) day time period shall have 2 a fine of three hundred dollars ($300.00). The fourth offense within the same one 3 hundred and eighty (180) day five (5) year time period shall constitute a criminal 4 offense, subject to penalties set out in section 1-8 of this Code of Ordinances. 5 6 * * * 7 8 Section 3. The provisions of this Ordinance shall become and be made part of the Code of 9 Ordinances for the Village of North Palm Beach, Florida. 10 11 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for 12 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 13 holding shall not affect the remainder of the Ordinance. 14 15 Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 16 herewith are hereby repealed to the extent of such conflict. 17 18 Section 6. This Ordinance shall be effective immediately upon adoption. 19 20 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2023. 21 22 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 23 2023. 24 25 26 (Village Seal) 27 MAYOR 28 29 30 ATTEST: 31 32 33 VILLAGE CLERK 34 35 APPROVED AS TO FORM AND 36 LEGAL SUFFICIENCY: 37 38 39 VILLAGE ATTORNEY 40 VILLAGE OF NORTH PALM BEACH COUNTRY CLUB - GOLF OPERATIONS TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM Allan Bowman, Head Golf Professional DATE: March 9, 2023 SUBJECT: RESOLUTION – Approving a Contract with All Florida Tree and Landscape, Inc. for arboricultural services at the Country Club in the amount of $45,000 utilizing pricing established in an existing City of Weston Agreement Village Staff is seeking Council consideration and approval of the attached Resolution approving a Contract in the amount of $45,000 with All Florida Tree and Landscape, Inc. for arboricultural services at the North Palm Beach Country Club utilizing pricing established in an existing City of Weston Agreement for Arboricultural Services (RFP No. 2017-12). The City of Weston Agreement was recently renewed and is in in effect until March 31, 2028. Village Staff has checked the vendor’s references. All Florida Tree and Landscape, Inc. maintains large trees on numerous premier golf courses in the area and is able to start the work in June 2023. Golf Operations is required to maintain all the trees on the Country Club golf course excluding sabal palms, which is the responsible of Bright View and will be trimmed beginning in September 2023. A total of $35,000 was allocated for this project in the Fiscal Year 2023 Budget. Some of the items included in this project are:  oak trees – in order to protect our magnificent oak trees, they must be trimmed, cleaned of dead wood and pruned on a regular basis (there are approximately 105 oak trees on the golf course);  removal of some non-native species trees that are in dire condition;  some basic trimming of other trees. Account Information: Fund Department / Division Account Number Account Description Amount Country Club Golf / Golf Course Maintenance L8045-33430 Tree Trimming $45,000 The attached Resolution and Contract have been prepared and reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff is seeking Council consideration and approval of the attached Resolution approving a Contract with All Florida Tree and Landscape, Inc. in the amount of $45,000.00 for arboricultural services at the North Palm Beach Country Club utilizing pricing in an existing City of Weston Agreement, with funds expended from Account No. L8045-33430 (Golf Course Maintenance – Tree Trimming), and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION 2023-_____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO ALL FLORIDA TREE AND LANDSCAPE, INC. FOR ARBORICULTURAL SERVICES AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE UTILIZING PRICING ESTABLISHED IN AN EXISTING AGREEMENT WITH THE CITY OF WESTON AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village is in need of a contractor to perform arboricultural services at the North Palm Beach County Club Golf Course, including, but not limited to, trimming and pruning the oak trees, removing non-native species and basic trimming of other trees; and WHEREAS, Village Staff recommended that the Contract be awarded to All Florida Tree and Landscape, Inc. pursuant to pricing established in an existing Agreement for Arboricultural Services with the City of Weston (RFP No. 2017-12); and WHEREAS, the Village Council determines that the adoption of this Resolution 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 All Florida Tree and Landscape, Inc. for arboricultural services at the North Palm Beach Country Club Golf Course pursuant to pricing established in an existing Agreement for Arboricultural Services with the City of Weston (RFP No. 2017-12) 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 $45,000.00, with funds expended from Account No. L8045-33430 (Golf Course Maintenance – Tree Trimming). Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2023. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 5 CONTRACT This Contract is made as of this _______ day of ______________, 2023, 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 ALL FLORIDA TREE & LANDSCAPE, INC., 1760 Jog Road, Suite 150, West Palm Beach, Florida 33411 (hereinafter “CONTRACTOR”), whose F.E.I. Number is 05-0567287. RECITALS WHEREAS, the VILLAGE is in need of a contractor to perform arboricultural services at the North Palm Beach Country Club Golf Course; and WHEREAS, the City of Weston, through its competitive selection process, awarded an Agreement for Arboricultural Services (RFP No. 2017-12) (“Weston Contract”) to CONTRACTOR; and WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested services based on the pricing established in the Weston 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 Weston 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. WESTON Contract. The City of Weston’s Agreement for Arboricultural Services (RFP No. 2017-12) 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 Weston Contract and at the direction of the VILLAGE, CONTRACTOR shall perform arboricultural services at the North Palm Beach Country Club Golf Course, including, but not limited to, trimming and pruning the oak trees, removing non- native species and basic trimming of other trees. B. The total cost of such services shall not exceed $45,000.00. 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 by September 30, 2023. 4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the following order of precedence: A. This Contract Page 2 of 5 B. Exhibit “A” (WESTON Contract) 5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s representative, indicating that goods and services have been 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 Weston Contract. Extensions or renewals to the Weston Contract or any modification including new products, terms, or price changes to the Weston Contract shall be submitted by CONTRACTOR to the VILLAGE for approval. In the event the Weston Contract expires and no new contract is let by the Weston, the 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 Weston 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 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 Page 3 of 5 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 Weston 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 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 Page 4 of 5 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 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. Page 5 of 5 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. ALL FLORIDA TREE & LANDSCAPE, INC. By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH By: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Charles Huff, Village Manager FROM: Marc Holloway, Field Operations Manager DATE: March 9, 2023 SUBJECT: RESOLUTION – Approval to increase the FY 2023 Blanket Purchase Order issued to GT Supplies, Inc. to $50,000 Village Staff is recommending Village Council consideration and approval of the attached Resolution increasing the FY 2023 blanket purchase order issued to GT Supplies, Inc. to $50,000. The Village uses GT Supplies, Inc. for reconditioning existing dumpsters as needed. As the Village moves toward purchasing plastic replacement dumpsters, we have to continue to repair the dumpsters that the Village currently has. Earlier in the fiscal year, a blanket purchase order was issued to GT Supplies, Inc. in the amount of $25,000 for the purchase/fabrication of dumpsters and parts/repairs. To date, the Village has expended $14,544.22 with this vendor for these services. Based on the current year trend, Staff is estimating that an additional $25,000 is needed for these services for the remainder of the current fiscal year and is recommending that $25,000 be added to the existing purchase order for this vendor. In accordance with the Village’s purchasing policy, Village Council approval is required for a purchase order when the aggregate fiscal year spending to a single vendor exceeds $25,000: “Blanket purchase orders in excess of $25,000 shall be approved by the Village Council, provided, however, that blanket purchase orders in excess of $25,000 and up to $50,000 shall be placed on the Consent Agenda.” The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department / Division Account Number Account Description Amount General Public Works/ Solid Waste A7020-35217 Machinery & Equipment Supplies $50,000 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution increasing the FY 2023 blanket purchase order issued to GT Supplies, Inc. to $50,000, with funds expended from Account No. A7020-35217 (Solid Waste – Machinery & Equipment Supplies), in accordance with Village policies and procedures. RESOLUTION 2023- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A BLANKET PURCHASE ORDER FOR THE PUBLIC WORKS DEPARTMENT WITH GT SUPPLIES, INC. IN THE TOTAL AMOUNT OF $50,000 FOR DUMPSTER REPAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase orders for materials purchased over a certain period of time not to exceed a single fiscal year; and WHEREAS, the Village issued a blanket purchase order to GT Supplies in the amount of $25,00 for dumpster repairs; and WHEREAS, Village Staff estimates that an additional $25,000 will be required for the current fiscal year, and the Village’s purchasing policies and procedures require that blanket purchase orders in excess of $25,000 and up to $50,000 be placed on the Village Council consent agenda for approval; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a $25,000 increase in the blanket purchase order issued to GT Supplies, Inc. for a total amount of $50,000 for Fiscal Year 2023, with funds expended from Account No. A7020-35217 (Public Works/Sanitation – Machinery & Equipment Supplies). Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2023. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH HUMAN RESOURCES DEPARTMENT TO: Honorable Mayor and Council THRU: Charles Huff, Village Manager FROM: Renee Govig, Director of Human Resources DATE: March 9, 2023 SUBJECT: RESOLUTION – Appointing Representative and Alternate Representative to the Public Risk Management of Florida Board of Directors In Fiscal Year 2022/2023, the Village contracted through Public Risk Management of Florida (PRM), a risk management and self-insurance pool for property, casualty and workers’ compensation insurance. PRM is a risk management pool that operates in accordance with an Intergovernmental Cooperative Agreement (Agreement) and is governed by a Board of Directors. Through the adoption of Resolution No. 2022-53 on July 14, 2022, the Village Council approved coverage with PRM. The Village is a Standard Member of PRM. The Agreement requires Village Council to appoint a representative and alternate representative to PRM’s Board of Directors. Representatives of Standard Members do not vote; however, participation on the Board will allow the Village to remain fully informed as to the operation and administration of the risk management pool. Village Staff requests that Council designate Director of Human Resources and Risk Management, Renee Govig, as its representative and Village Manager, Charles Huff, as its alternate representative. The attached Resolution has been prepared/reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution designating its representative and alternate representative to the Public Risk Management of Florida Board of Directors in accordance with Village policies and procedures. RESOLUTION 2023- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING THE VILLAGE’S REPRESENTATIVE AND ALTERNATIVE REPRESENTATIVE TO THE PUBLIC RISK MANAGEMENT OF FLORIDA (“PRM”) BOARD OF DIRECTORS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Public Risk Management of Florida (“PRM”) provides the Village with property, casualty and workers’ compensation insurance coverage; and WHEREAS, PRM is a risk management pool governed by an Intergovernmental Cooperative Agreement setting forth the Contract and By-Laws for the pool (“Agreement”), and the Village is a Standard Member of PRM; and WHEREAS, while Standard Members do not vote, the Agreement provides that each Member shall appoint one person to represent the Member on the Board of the Directors, along with another person to serve as an alternate representative; and WHEREAS, the Village Council wishes to formally appoint the Village’s representative and alternative representative to serve on the PRM Board of Directors. 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 appoints Director of Human Resources and Risk Management Renee Govig to serve as its representative on the PRM Board of Directors and Village Manager Charles Huff to serve as its alternate representative. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2023. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH Leisure Services TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: March 9, 2023 SUBJECT: RESOLUTION – Approval of Proposal from Impact Sport Surfaces Inc. to furnish and install a new sports surface at the Community Center gym in an amount not to exceed $62,970.00. Background: The gym floor at the Community Center is in need of resurfacing. The last time the gym floor was resurfaced was 2010 (Resolution 2010-04). Prior to that, it was last resurfaced in 1994 (Resolution No. 4-94). Typically, gym floors need to be resurfaced every 10-15 years. In certain areas, our gym floor has dark wear stains, dents, water damage, scratches, and divots. The floor is 8,313 square feet. Impact Sport Surfaces Inc. provided a proposal to resurface the gym floor: Vendor Cost Impact Sport Surfaces Inc. $62,970.00 Pricing: The proposal from Impact Sport Surfaces Inc. for installation of a Robbins Pulastic FL sports surface system is pursuant to pricing established in an existing Sourcewell contract (#031022-RBI), expiring May 26, 2026. The Village’s purchasing policies and procedures authorize concurrent competitive purchasing on other state and local government contracts. Staff also reached out to Southeastern Surfaces and Equipment for a secondary proposal to verify the fair market value as required by the purchasing policies. The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for legal sufficiency. Account Information: Fund Department / Division Account Number Account Description Amount General Parks and Recreation A8028-34620 R&M Bldg. & Grounds $62,970.00 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution accepting the proposal from Impact Sport Surfaces Inc. to furnish and install new sports surface at the Community Center in an amount not to exceed $62,970.00, with funds expended from Account No. A8028-34620 (R&M Bldg. & Grounds), and authorizing the Mayor and Village Clerk to execute a Contract for such services in accordance with Village policies and procedures. RESOLUTION 2023- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONTRACT WITH IMPACT SPORTS SURFACES, INC. FOR THE RESURFACING OF THE GYMNASIUM FLOOR AT THE COMMUNITY CENTER UTILIZING PRICING ESTABLISHED IN AN EXISTING SOURCEWELL AGREEMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the gymnasium floor at the Village Community Center is in need of resurfacing; and WHEREAS, Village Staff solicited a proposal from Impact Sports Surfaces, Inc. for the installation of a Robbins Pulastic FL floor utilizing pricing established in an existing Sourcewell Agreement with Robbins, Inc. (No. 031022-RBI); and WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF 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 Impact Sport Surfaces, Inc. for the installation of a Robbins Pulastic FL floor at the Community Center gymnasium utilizing pricing established in an existing Sourcewell Agreement at a total cost of $62,970, with funds expended from Account No. A8028-34620 (Parks and Recreation – R & M Bldgs. & Grounds), and authorizes the Mayor and Village Clerk to execute the Contract, a copy of which is attached hereto and incorporated herein. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2023. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 6 CONTRACT This Contract is made as of this _______ day of ______________, 2023, 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 IMPACT SPORTS SURFACES, INC., 1121 South Military Trail #318, Deerfield Beach, FL 33442, a Florida corporation (hereinafter “CONTRACTOR”), whose F.E.I. Number is 45-3338399. RECITALS WHEREAS, the VILLAGE solicited a proposal from CONTRACTOR to furnish and install a new Robbins Pulastic FL sports surface at the Community Center gymnasium; and WHEREAS, CONTRACTOR provided a proposal utilizing pricing established in an existing Sourcewell Agreement (Contract No. 031022-RBI) with Robbins, Inc. and has agreed to perform the work in accordance with the terms and conditions of this Contract. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. CONTRACTOR’s Services and Time of Completion. A. Contractor shall perform the Work in accordance with its Quote dated February 14, 2023, a copy of which is attached hereto and incorporated herein by reference. B. This Contract shall remain in effect until such time as the Work is completed, inspected and accepted by the VILLAGE, provided, however, that any obligations of a continuing nature shall survive the expiration or termination of this Contract. C. The total cost of the Work shall not exceed Sixty-Two Thousand Nine Hundred and Seventy Dollars and No Cents ($62,970.00). D. The services to be provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to CONTRACTOR to proceed and shall be completed within ninety (90) calendar days. 3. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(C) above without prior written consent of the VILLAGE. 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 Page 2 of 6 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. 4. Insurance. During the term of this Contract, CONTRACTOR shall maintain the following minimum insurance coverages and provide certificates evidencing such coverage to the Village (all insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida): A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability, including contractual liability insurance in the amount of $1,000,000 per occurrence to protect CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract. B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles. C. CONTRACTOR shall carry Workers’ Compensation Insurance and Employer ’s Liability Insurance for all employees as required by Florida Statutes. D. All insurance, other than Worker’s Compensation, Automobile and Professional Liability Insurance, to be maintained by CONTRACTOR shall specifically include the VILLAGE as an “Additional Insured”. 5. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or employees. Page 3 of 6 B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Contract for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. 6. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply with all applicable federal, state and local laws, regulations and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 7. Warranty/Guaranty. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of one (1) year following completion of the Work and successful final inspection. Should any Work fail to comply with this warranty during the warranty period of one (1) year, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR’s sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. 8. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing services pursuant to this Contract for at least five (5) years after termination of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. 9. Protection of Work and Property. A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage, and shall protect the VILLAGE’s property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such protection. B. Until acceptance of the Work by the VILLAGE, the VILLAGE’s property shall be under the charge and care of CONTRACTOR and CONTRACTOR shall take every necessary Page 4 of 6 precaution against injury or damage to the work by the action of elements or from any other cause whatsoever, and CONTRACTOR shall repair, restore and make good, without additional Work occasioned by any of the above causes before its completion and acceptance. C. CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. 10. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. B. CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Work performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s sole direction, supervision, and control. CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. C. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties knowingly, voluntarily and intentionally waiver any right they may have to trial by jury with respect to any litigation arising out of this Contract. D. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. E. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. F. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. Page 5 of 6 G. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. In the event of an express conflict between this Contract and CONTRACTOR’s Estimate, the terms of this Contract shall control. H. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. I. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: (1) Keep and maintain public records required by the VILLAGE to perform the service. (2) Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. (4) Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public Page 6 of 6 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. J. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. IMPACT SPORTS SURFACES, INC. By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH By: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY PULASTIC FL systems are resurfacing systems for existing polyurethane floors. Pulastic FL offers options for rehabbing, restoring, and enhancing existing Pulastic floors, and offers enhancement options for other non-Pulastic resilient and full-depth polyurethane floors . robbinsfloor.com | 1.800.543.1913 Pulastic FL SYNTHETIC FLOORING SYSTEMSBenefits to choosing a Pulastic FL system include: Water based finish for very low odor during renovation and maximum indoor clean air protection during use Helps maintain color stability Strengthens wear resistance for optimal life cycle cost and maximum usability Improves friction characteristics Easily update colors & graphics to match facility preferences Reduced costs in comparison to a new floor Pulastic FL 16 Classic Colors to Choose From *Custom color options available. Due to printer variation, actual floor colors may be slightly different from colors above. Consult your dealer for color accuracy. Lime Green Pastel Blue May Green Pigeon Blue Green Oxide Steel Blue Turquoise Mint Sky Blue Sand Beige Capri Blue Yellow Ochre Stone Grey Autumn Brown Dusty Grey Red Oxide Iron Grey Robbins, Inc. | 4777 Eastern Avenue | Cincinnati, OH 45226 robbinsfloor.com | 1.800.543.1913 All Rights Reserved. © 2012 Robbins, Inc. PFL201205 INDOOR | MULTI- PURPOSE | BASKETBALL | TENNIS | VOLLEYBALL TRAINING FACILITY | COMPETITION LEVEL | GYMNASTICS PULASTIC FL (FACELIFT) is a resurfacing system designed exclusively for existing Pulastic polyurethane floors. Pulastic FL will restore and enhance existing Pulastic floors to their original beauty, extending the life of the floor even more. CHOOSE THE BEST FIT FOR YOUR FACILITY Pulastic FL has three options to choose from: PULASTIC FL-E (ENHANCED) is an “enhancement”’system for resurfacing existing full depth and resilient polyurethane floors. Utilizing GM2500 compound, FL-E will provide a stronger, better looking surface possessing the proper friction characteristics of standard PULASTIC systems. PULASTIC FL-R (RESTORE) is a “restoration” system for resurfacing existing Pulastic floors. This affordable process is designed to fully restore the floor to its original condition. Please note that FL-R should not be used to resurface non-Pulastic floors. Quote Date Valid Until Sales Representative Subtotal $62,970.00 Total $62,970.00 Specifications. Additional work only to commence with the reciept of an approved Change Order. The Village of North Palm Beach Description Apply topcoat (color as selected from manufacturers standard colors) $1200 logo graphics allowance included in price 2" Gamelines: 3 Basketball, 3 Volleyball, 3 Pickleball Furnish & Install Robbins Pulastic FL overpour, scope includes: Abrade the entire gym floor surface in prep for urethane lift, repair minor cuts/blemeshes Vacuum & tack free of dust Tel: 954-796-4567 Fax: 954-719-3784 Web: www.impactsurface.com spoh@village-npb.org Thank you for your business! 1121 S. Military Trail #318, Deerfield Beach, FL. 33442 Signature Should you have any inquiries concerning this quote, please contact Darin Aarnio: 561-721-5718 Permanent lighting and HVAC must be funcional prior to delivery/install. All work in compliance with manufacturer Notes & Clarifications: Client to provide dumping facilities for process. Required power supplied by others. No work to be performed under existing bleachers unless removed prior and replaced after by others Stephen Poh NPB Recreation Center Customer:Quote/Project Description Resurface gymnasium flooring Sourcewell Contract #: 031022-RBI February 14, 2023 30 days from above Darin Aarnio daarnio@impactsurface.com Member ID #: 18929 Line Total Print Name Date New perimiter cove base and transitions at doors 62,970.00$ Please confirm your acceptance of this quote by signing this document Terms: 30 days net Scope schedule: approx 3 weeks start to use by owner including cure time Price assumes re-use of Vollleyball cover plates. If new is required add $185.00 ea. Furnished & Installed Unload & freight to site included Apply 1.5 mm Robbins Pulastic 2000 urethane resin Special Notes and Instructions Robbins Sports Surfaces Sourcewell Contract #: 031022-RBI Effective: February, 2022 cancels previous lists For 2022 installations All prices in U.S. dollars. Quotations and Installation by Authorized Robbins Dealers Ceiling prices shown per SF. Robbins dealer please quote and register. All standard floors include "Basic Graphics". Item Product List SW Price Additional Info. 1 MVP®31.99$ 27.82$ MFMA 2nd & Btr., XL+, 25/32" by 2 1/4" 2 BioChannel Classic 26.46$ 23.01$ MFMA 2nd & Btr., XL+, 25/32" by 2 1/4" 3 BioChannel SB 22.45$ 19.52$ MFMA 2nd & Btr., XL+, 25/32" by 2 1/4" 4 BioChannel(R) Star 21.76$ 18.92$ MFMA 2nd & Btr., XL+, 25/32" by 2 1/4" 5 Eclipse® SB (anchored)22.69$ 19.73$ MFMA 2nd & Btr., XL+, 25/32" by 2 1/4" 6 AirChannel(R) Star 18.26$ 15.88$ MFMA 2nd & Btr., XL+, 25/32" by 2 1/4" 7 BioCushion®20.07$ 17.45$ MFMA 2nd & Btr., XL+, 25/32" by 2 1/4" 8 Sportwood(R) Ultra Star 19.11$ 16.62$ MFMA 2nd & Btr., Parquet(PQ), 7/16" 9 Installation of strip maple flooring on existing sub-floor. Demo not included 17.82$ 15.49$ MFMA 2nd & Btr., XL+, 25/32" by 2 1/4" 10 All-Star Plus Portable Floor 242,948$ 211,259$ 112' X 60' Robbins All-Star Plus Portable Basketball Floor, MFMA Second and Better Grade, 25/32" Thick by 2 1/4" Face Width, Basic Graphics, see description and specifications. 11 Screen & Recoat (Oil)2.20$ 1.91$ Per Robbins Dealer specification. 12 Sand & Finish (Oil)7.91$ 6.87$ Per Robbins Dealer specification. 13 Water-based finish option (add)2.94$ Water based gym-finish procured and applied by Robbins dealer. 14 Pulastic Pro 165 19.88$ 17.29$ 16.5mm 15 Pulastic Classic 110 14.40$ 12.52$ 11mm 16 Pulastic Classic 90 13.72$ 11.93$ 9mm 17 Pulastic Academy 90 13.72$ 11.93$ 9mm 18 Pulastic Classic 60 13.05$ 11.35$ 6mm 19 Comfort Court 50 16.46$ 14.31$ 5mm 20 Pulastic "Eco" option (add)1.28$ 1.12$ 21 Pulastic FL "face-lift"10.80$ 9.39$ 22 Galaxy Classic iLock Tiles 10.20$ 8.87$ 3/8" 23 Galaxy Classic Roll 10% Color 13.77$ 11.98$ 3/8" 24 Galaxy Classic Roll 20% Color 14.63$ 12.72$ 3/8" 25 Galaxy Classic Roll 35% Color 15.52$ 13.49$ 3/8" 26 Galaxy Ultra Tiles 20.97$ 18.23$ 10mm 27 Galaxy FIT Tiles 21.64$ 18.82$ 10mm 28 Galaxy Extreme Tiles 10% Color 19.04$ 16.56$ 1" 29 Galaxy Extreme Tiles 35% Color 19.65$ 17.09$ 1" 30 Galaxy Extreme Tiles 95% Color 20.52$ 17.84$ 1" 31 Pulastic GT 100 18.86$ 16.40$ 10mm 32 Galaxy Xtreme R 23.04$ 20.03$ 18mm 33 Durathon Elite 10mm 16.74$ 14.55$ 10mm 34 Durathon Elite 13.5mm 18.88$ 16.41$ 13.5mm 35 Danzaire® Wood Sprung Floor 49.70$ 43.22$ MFMA 2nd & Btr., XL+, 25/32" by 2 1/4" 36 La Lena Studio A Wood 47.39$ 41.21$ MFMA 2nd & Btr., XL+, 25/32" by 2 1/4" 37 Forever® Marley 39.12$ 34.02$ 38 Custom Colors NA Per Project 39 IAAF/NCAA Surveyed and Certified Track and Field Line Markings NA Per Project 40 Custom Design Solutions NA Per Project 41 MFMA Grade of Maple Flooring NA Per Project Options include 1st , 3rd & Better and 3rd Grade 42 "Hot List" or Special Discount Pricing NA Per Project Based on Availability 43 Sales Tax, Duties, Fees NA Not Included 44 Freight NA Per Project 45 Custom Logos and Graphics NA Per Project 46 Wall Base NA Per Project 47 Thresholds NA Per Project 48 Concrete Correction NA Per Project 49 Demolition NA Per Project 50 Modifications for LEED NA Per Project 51 Moisture Suppression NA Per Project 52 Special Labor Regions Per Project Union Labor Agreements, Prevailing wage, special labor agreements. Some regions of the US and Canada may require pricing modification due to union labor agreements or specified prevailing wage requirements. Examples of these regions include; NY, NJ, HI, CA, AK, IL, DC, CT, MA. Please allow dealer to modify price to accomodate additional labor cost. Basic Graphics Description: Includes appropriate basic gamelines for basketball and volleyball based on the size of the project. Does not include solid borders, solid keys, custom colors, any stain work or any logos. All custom graphics must be priced on a per project basis. 031022-RBI Rev. 3/2021 1 Solicitation Number: RFP #031022 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Robbins Inc., 4777 Eastern Ave., Cincinnati, OH 45226 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Athletic Surfaces with Installation, and Related Equipment, Materials, and Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires May 26, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.       031022-RBI Rev. 3/2021 2 All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable       031022-RBI Rev. 3/2021 3 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and       031022-RBI Rev. 3/2021 4 x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity       031022-RBI Rev. 3/2021 5 payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and       031022-RBI Rev. 3/2021 6 x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be       031022-RBI Rev. 3/2021 7 mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.       031022-RBI Rev. 3/2021 8 E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in       031022-RBI Rev. 3/2021 9 advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.       031022-RBI Rev. 3/2021 10 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract.       031022-RBI Rev. 3/2021 11 The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms       031022-RBI Rev. 3/2021 12 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is       031022-RBI Rev. 3/2021 13 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.       031022-RBI Rev. 3/2021 14 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.       031022-RBI Rev. 3/2021 15 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names       031022-RBI Rev. 3/2021 16 of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation       031022-RBI Rev. 3/2021 17 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.       031022-RBI Rev. 3/2021 18 T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Robbins Inc. 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VILLAGE OF NORTH PALM BEACH HUMAN RESOURCES TO: Honorable Mayor and Council THRU: Charles Huff, Village Manager FROM: Renee Govig, Director of Human Resources and Risk Management DATE: March 9, 2023 SUBJECT: RESOLUTION – Amending the FY23 Comprehensive Pay Plan to Revise and Add Positions Village Staff is recommending the Village Council’s adoption of a Resolution amending the Comprehensive Pay Plan, adopted as part of the Fiscal Year 2023 Budget, to increase the efficiencies of the departments impacted and more closely align and reflect the duties and responsibilities of the FOLLOWING position upgrades:  Add one (1) Executive Assistant (paygrade 112); Delete one (1) Administrative Coordinator (paygrade 109) in the Police Department.  Add one (1) Executive Assistant (paygrade 112); Delete one (1) Administrative Coordinator (paygrade 109) in the Community Development Department.  Add one (1) Administrative Coordinator (paygrade 109); Delete one (1) Fulltime Recreation Assistant (paygrade 104) in the Parks and Recreation Department. Village staff is recommending the addition of the following positions to meet the growing needs of the Village offerings for summer camp and overall management of the Village by assisting the Village Manager:  Add nine (9) Seasonal Camp Counselors (paygrade 100) in the Parks and Recreation Department.  Add one (1) Deputy Village Manager (paygrade 125) in the Village Manager Department. The attached Resolution has been prepared and reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution amending the Comprehensive Pay Plan adopted as part of the Fiscal Year 2023 Budget in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2023- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING THE COMPREHENSIVE PAY PLAN ADOPTED AS PART OF THE FISCAL YEAR 2023 BUDGET TO REVISE POSITIONS WITHIN THE POLICE DEPARTMENT, COMMUNITY DEVELOPMENT DEPARTMENT AND PARKS AND RECREATION DEPARTMENT, ADD NINE SEASONAL CAMP COUNSELORS IN THE PARKS AND RECREATION DEPARTMENT AND ADD A DEPUTY VILLAGE MANAGER POSITION IN THE VILLAGE MANAGER’S OFFICE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2022-16 (“Budget Ordinance”) on September 22, 2022, the Village Council adopted a Comprehensive Pay Plan as part of the annual budget for Fiscal Year 2022; and WHEREAS, Section 5 of the Budget Ordinance authorizes the Village Council to revise the Comprehensive Pay Plan by Resolution during the course of the Fiscal Year; and WHEREAS, at the recommendation of Village Staff, the Village Council wishes to modify various positions within the Police Department, Community Development Department and Parks and Recreation Department, add additional positions in the Parks and Recreation Department, and add a Deputy Village Manager position to the Village Manager’s Office, and the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby amends the Comprehensive Pay Plan for Fiscal Year 2023 as follows: Police Department Add one (1) Executive Assistant position at Pay Grade 112 and delete one Administrative Coordinator position at Pay Grade 109. Community Development Department Add one (1) Executive Assistant position at Pay Grade 112 and delete one Administrative Coordinator position at Pay Grade 109. Parks and Recreation Department Add one (1) Executive Assistant position at Pay Grade 112 and delete one Administrative Coordinator position at Pay Grade 109. Add nine (9) seasonal Camp Counselors at Pay Grade 100. Page 2 of 2 Village Manager’s Office Add one (1) Deputy Village Manager position at Pay Grade 125. Section 3. All other provisions of the Comprehensive Pay Plan, to the extent not specifically modified herein, shall remain in full force and effect. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2023. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH DEPARTMENT OF HUMAN RESOURCES AND RISK MANAGEMENT TO: Honorable Mayor and Council THRU: Charles Huff, Village Manager FROM: Renee Govig, Director of Human Resources and Risk Management DATE: March 9, 2023 SUBJECT: RESOLUTION – Approval and Ratification of Memorandum of Understanding with the Palm Beach County Police Benevolent Association The Village and the Palm Beach County Police Benevolent Association, Inc. (PBA) are parties to a Collective Bargaining Agreement (CBA) ratified by the PBA on April 12, 2022 and approved and ratified by the Village on April 14, 2022 through the adoption of Resolution No. 2022-29. The CBA expires on September 30, 2024. The Village and the PBA have agreed to amend Article 15 (Paid Holidays) to change the day that members of the bargaining unit are paid premium pay (1-1/2 times regular pay) for each hour the employee works on a holiday from the date the Village observes the holiday to the actual date of the holiday. The MOU becomes effective upon ratification by both the PBA and the Village Council. The MOU has already been ratified by the PBA bargaining unit by a vote of 23 to 0. The attached Resolution has been prepared and reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving and ratifying a Memorandum of Understanding with the Palm Beach County Police Benevolent Association, Inc. to revise Article 15 of the existing Collective Bargaining Agreement and authorizing the Village Manager to execute the MOU in accordance with Village policies and procedures. RESOLUTION 2023- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING WITH THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. TO AMEND ARTICLE 15 OF THE COLLECTIVE BARGAINING AGREEMENT PERTAINING TO PAID HOLIDAYS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village and the Palm Beach County Police Benevolent Association, Inc. (PBA) are parties to a Collective Bargaining Agreement (CBA) ratified by the PBA on April 12, 2022 and approved and ratified by the Village on April 14, 2022 through the adoption of Resolution No. 2022-29; and WHEREAS, the Village and the PBA have agreed to amend Article 15 (Paid Holidays) of the CBA though the execution of a Memorandum of Understanding (MOU), effective upon ratification by both parties; and WHEREAS, the collective bargaining unit has voted to ratify the MOU by a vote of 23 to 0; and WHEREAS, the Village Council determines that approval and ratification of the MOU is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby approves and ratifies a Memorandum of Understanding with the Palm Beach County Police Benevolent Association, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the MOU on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2023. (Village Seal) MAYOR ATTEST: VILLAGE CLERK 1 THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office THE BEST PLACE TO LIVE UNDER THE SUN” Environmental Committee Meeting MINUTES Anchorage Park Monday, January 9, 2023 6:00 pm 1. Call to Order: Chairperson Karen Marcus called the meeting to order at 6:00 pm. 2. Roll Call: Present: Karen Marcus, Lisa Interlandi, Mary Phillips, Shawn Woods, Kendra Zellner, Ellen Allen Absent: Camille Carroll Also Present: Marc Holloway, Field Operations Manager; Alex Ahrenholz, Principal Planner; Mark Mullinix, Councilmember 3. Public Comments: None. 4. The Minutes of the November 14, 2022 regular meeting were approved. 5. Large Tree Removal Discussion: a. 106 Dory Road S.: i. Marc Holloway stated that the swale has been cleared and rebuilt allowing the Seacoast Utility Authority (SUA) system to operate effectively. ii. SUA recommended removal of the tree due to the large size, inadequate set- back, lack of root barrier and proximity to their infrastructure. iii. Comment by Dr. Jerry Crayton, 106 Dory Road S. - Dr. Crayton stated that his grandson, Rick Crayton, conducted a plumbing survey indicating there has been no root damage to the SUA infrastructure adjacent to the tree. He requested allowing the tree to remain in its current location until the roots grow closer to the infrastructure. In order to keep his tree, the resident agreed to monitor root growth every year with plumbing surveys and notify staff of his findings. iv. Committee recommends allowing the tree to remain until it threatens the SUA infrastructure below. v. Marc Holloway will present the Committee recommendation to the Director of Public Works Chad Girard. 2 6. March 6 Meeting Presentation by PBC Director of Resilience Megan Houston: a. Committee would like to know what Palm Beach County’s current priorities are. 7. January 14 Speaker Series Event – Friend of MacArthur Beach State Park Director Veronica Frehm: a. Chair Marcus will ask Executive Assistant Joy Groover to post on Country Club social media accounts. 8. Tree Survey: a. Committee requested tree canopy percentage screen shots with and without MacArthur Beach State Park included for discussion at the February meeting. 9. Tree Giveaway: a. Committee commented that the April Heritage Day Festival would be a good time for a tree giveaway and perhaps have a booth. b. Mary Phillips will invite Mark Cassini from Community Greening to speak at the February or March meeting regarding appropriate trees to consider for the April giveaway. 10. Draft Code Language for Single Family Residential Tree Removal Permit: a. Alex Ahrenholz reviewed several local municipalities’ single family residential tree removal permits. b. Committee members will review the permits and send recommendations to Alex for discussion at the next meeting. c. Committee requested additional code language suggestions from Alex regarding properties undergoing major renovations or new construction requiring landscaping renovations. 11. Prosperity Village Tree Disposition Plan Minor PUD Amendment: a. Alex Ahrenholz reviewed the submitted PUD amendment. b. The developer’s Arborist said the Oak trees have a disease and therefore, should be removed. c. Developer requested permission to install three (3) new Oak trees. d. Committee will recommend to Council that the size of the new Oak tree trunks combined be equal to the size of the trunks from the trees that were removed. (i.e. if you remove a tree with a 30” diameter trunk, it should be replaced with trees with trunk sizes that add up to 30” so, three (3) trees with 10” diameter tree trunks) 12. Country Club Honey Jars: a. Chair Marcus mentioned that the honey jars can be reused. Head Golf Professional Allan Bowman will inquire as to whether that would be allowed. 13. Next meetings: the next meeting will be on February 6, 2023 at 6:00 pm at Anchorage Park. 3 14. Adjournment: the meeting adjourned at 7:26 pm. Village of North Palm Beach Recreation Advisory Board Meeting MINUTES January 10, 2023 at 7:00 pm Anchorage Park 1) Call to Order: Chair Bell 2) Roll Call: Bob Bell, Chair Don Grill, Vice Chair Stephen Heiman Paul Beach Mia St John Village Council Representative: Rita Budnyk Zakariya Sherman, Director of Leisure Services Maria Cassidy All Present except Stephen Heiman, who let staff know on January 8 he’d be absent. No Council Member present. 2) Approval of Minutes: Motion made by Mia St John. Second by Maria Cassidy. All were in favor. 3) Public Comments: No comments. 4) Director’s Report Lakeside Park:  Beach finds o Stephen found two Christmas trees last week on the beach!  Golf Cart o Estimated delivery is sometime in January now.  Rangers o We have two rangers working weekends/holidays.  Adolfo Ochoa works Saturday from 7am-3pm and Sunday 8:30am-5:30pm  Alberto Rios works Saturday from 10am-6pm and Sunday 10am-6pm o Rangers started giving out tickets over new year’s weekend; they issued three tickets so far.  Ticket procedures are as follows:  Violators must go to PD to pay ticket  To dispute a ticket, violator must go to Community Development and ask to be placed on the agenda for special magistrate  Ranger will need to attend those meetings if anyone disputes a ticket  Tickets, for now, will be issued for parking violations at Lakeside Park and marina violations at Anchorage Anchorage Park: New Playground o Work is still being done. o We had to wait on concrete for a while. o We still think we can get the ribbon cutting done and have it open by Hot Cars & Chili, which is on January 28. 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. Plumbing o There’s a leak in the fountain at small dog park (coming from underneath fountain). o Plumbers have to dig out concrete. o Scheduled for January 16. Mulch o Working with precision to get mulch around the park, especially along the perimeter of the building. Trail Lighting o Working with Engenuity to do photometrics for trail lighting around park Marina: Boat Ramp o Engenuity/Gerwig are working on revision to civil engineering & surveying services estimate. South slips o Cameras/poles to be installed shortly. Community Center:  Playground o Ordered Neutron Carousel for playground along with 1 wear mat.  Dodgeball Dates o Friday, January 13 & 20 from 6-8pm  Youth Soccer and minis soccer o Starts Monday, January 9 o Enrollments to date: 87 total (49 6-8yr olds; 25 9-11yr olds; 13 12-14yr olds). o Emails went out to registrants last week. o Soccer shots will do skills and drills clinic first week of soccer (M, W, F).  They will also give tips to coaches.  At the end of the Wednesday clinic, coaches will draft their players (for 9-11s and 12-14s). o From Kennedy Johnson with Soccer Shots:  We are excited about offering the skills and drills clinic to the NPB kids!  We propose 3 days - January 9th, 11th, 13th. We can do 5:30 - 6:30 with the 6-8s and 6:30 - 7:30 with 9-11s.  We will have 4 coaches and charge $500 per day.  We can also buddy up parents with the coaches and show them what skill drills are effective for each age group etc.  I'm happy to help you promote the soccer season if I can as well. o Soccer shots normally has between 40-100 kids in their program at Osborne every Saturday/Sunday.  If we can develop a partnership with them, the hope would be to pull those kids into our program next year. o Minis soccer:  We extended registration a bit.  12 kids signed up for Wednesdays; but only three for Mondays.  We might combine all kids into Wednesday.  Fence replacement o Working on third quote for remainder of Community Center field fence replacement. Getting higher gauge this time.  Plumbing o Plumbers fixed leaking spigot on side of building; had to chip wall to totally replace. o They also ordered a new outdoor bottle filler fountain to replace the rusted unit closest to main front door of building.  TCS o Using field for girls middle school soccer. o Using gym for middle school boys/girls basketball.  St. Clare o Using gym for boys basketball Osborne Park: Plumbing o Plumbers removed old water fountain at side of racquetball court. Community Garden o Staff purchased some garden supplies from Home Deport for members to use.  All garden related supplies are being stored in the Osborne Park concession stand garage. o Rec Staff will be helping Garden Board expand garden.  Stephen working on fence quote and for someone to add more beds  Zak working on getting revised tiki hut quotes Garden Board o From the treasurer:  The Articles of Incorporation for NORTH PALM BEACH COMMUNITY GARDEN, INC. were filed electronically on November 16, 2022, effective January 01, 2023.  Last week, we received our Employer Identification Number from the IRS.  Now to do the third step and fill out IRS form 1023-EZ for our non-profit status.  Then open up our own bank account with TD Bank. o December Update:  MEET US IN THE GARDEN  Tuesday, December 13th @ 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.  Gardeners, mark your calendars and invite your friends for Sunday, December 18th @ 5:00pm.  Our Vice-President and professional yoga instructor, Mika, will be hosting an evening of "Yoga at the Garden."  This will be a relaxing evening adjacent to our garden, a perfect way to wind-down during this busy season. RSVP here!  Bring your own wine to enjoy during sunset, after the 30-minute session.  GARDEN NEWS  The garden is looking great!  The rain we've received over the past month has certainly helped.  That rain has also fed the weeds! Remember to keep the area around your bed (along the perimeter and the fence) free of weeds.  This will help the spread to other plots.  If you haven't yet, please be sure to have your plot fully planted.  If you need to surrender your plot, let us know.  Are you interested in working with other gardeners on the community bed?  We are still forming the guidelines for our community plots, so it's a great time to get involved! o January Update  MEET US IN THE GARDEN  Tuesday, January 10th @ 5:30pm* (*Note earlier time)  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.  UPCOMING EVENT  Mark your calendars for Saturday, February 25th!  The Village of NPB Recreation Department will be working with the Community Garden to host a Movie in the Garden.  Movie to be decided, but will start around 6:15pm. Spread the news to your neighbors!  This will be a fun event.  GARDEN NEWS  Last month Mika led a very relaxing yoga session in the garden.  It was an intimate group and we're thankful for the opportunity to engage with nature in such a unique way.  Thank you, Mika!  With the Village's assistance, we've been able to purchase tools for use in the garden.  We'll have more information on how to access the tools soon. (We're still working on a secured shed.)  The garden continues to grow and it's lovely to visit.  Some gardeners are already finding hornworms on their tomato plants.  They are very camouflaged, so be sure to check closely for them if you have tomatoes in your garden.  If you haven't yet, please be sure to have your plot fully planted. If you need to surrender your plot, let us know.  Are you interested in working with other gardeners on the community bed?  We are still forming the guidelines for our community plots, so it's a great time to get involved! Baseball field o Haverland completed repairs to the field. Veterans Park: Working on quotes to refurbish the park. o We’re looking into turf for the three grassy strips adjacent the library, repairing the trellises, new trash bins, landscaping, and some brick work Staffing: Open positions o 1 open Recreation Assistant position at Anchorage. o 3 open Library Clerk positions at the Library. o 2 camp counselors for spring break camp. Special Events:  Bus Trips: o See attached flyer.  Special events o Friends of the Library Bake Sale & Boutique  Made $1,093.16 on December 3 alone.  Final total for Bake/Boutique sale was $1,733.66!! o Trolley Rides  December 16 at 6:30pm  Had four (4) trolleys again to keep the line wait to a minimum.  Children visited Santa in the Library’s Obert room.  The Friends of the Library and Rec staff served popcorn and other snacks/drinks in Veterans Park.  Comment from attendee:  First & foremost what an awesome festivity you & your beautiful team presented on Friday!  My granddaughter & I had an absolute blast & we plan to do every year with you! you make South Florida a lovely place to be.  Every single team member you had there, is a reflection of your leadership & I just thought you should know how fantastic you are doing!  We were the first to visit Santa & the sweet gentleman & gal who took our photo offered to email it to me as I am creating a story book for my granddaughter for when she gets older to reflect on.  May I please ask you to reach out to them & have them send it when they get time?  Again, mahalo for the most memorable Christmas enchantment & Mele Kakimaka to all!  Christmas love, amy. o Santa’s Texts:  Bill and Julie helped Santa complete his texts!  Sent 40 in total. o Santa’s Engine Rides  Fire Department helped Santa get around the Village!  Upcoming Events: o Hot Cars and Chili cookoff  January 28, 2023  Drafthouse to do non-chili food Library:  Facilities o Library new shelving:  New shelving has been assembled.  Old shelves were disassembled and taken away.  New carpet purchase goes to Council in January.  Steel wall shelving may not arrive until February.  We also want to paint the upstairs interior walls. o Still waiting on new café style tables to arrive as well as the 2 self-checkout pods.  Programming: o Craft programs still going strong with 20-30 adults each time. o About to start Crazy 8s math club for elementary students.  Club will be Wednesday afternoons with K-2 at 2:30pm and grade 3-5 at 3:30pm.  Library Advisory Board meeting was canceled last month for holidays.  Annual Booksale 5) New Business:  John D. MacArthur State Park Annual NatureScaping event invitation March 4 Discussed outreach event at MacArthur Park on March 4. Rec and Library plan to attend. Looking for volunteers to help. 6) Old Business:  None 7) Member Comments: Maria discussed sand volleyball at Anchorage. Wanted to make sure any groups using courts had permits to do so. Maria also discussed golf cart parade. Said it went well. Then chatted about boat parade and how many golf carts showed up. Zak clarified golf carts are not allowed driving through the parks. Bob noted he hasn’t seen as many carts driving through Lakeside anymore. 8) Staff Comments: None. 9) Adjournment: Motion to adjourn at 7:35PM. Motion made by Don. Seconded by Maria. 1 THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office “THE BEST PLACE TO LIVE UNDER THE SUN” Business Advisory Board MINUTES Library Obert Room Tuesday, January 17, 2023 5:30 pm 1. Call to Order: Russ Ruskay called the meeting to begin at 5:35 pm. 2. Roll Call: Present: Marshall Gillespie, Veronica Frehm, Ron Lantz, Nathan Kennedy Absent: Adam Jones, Nina Balgar, David Talley, Also Present: Russ Ruskay, Director of Special Projects Also Present: Dr. Aubrey, Village Council 3. Approval of Minutes: Motion to approve by Ron Lantz. Second by Veronica Frehm 4. Public Comments: None. 5. New Business: • A long discussion took place regarding the Networking Events. Russ provided the board with attendance figures from the last three events. Low attendance is a concern for staff. The board members discussed several ways to possibly increase the attendance. The consensus of the board was to continue the quarterly net working events with the understanding that attendance figures may continue to be low. Ron Lantz summarized the discussion by suggesting there is a need to manage expectations on the events. • The board discussed doing a SWOT Exercise. When the board began meeting again last year, there was a need to determine what the board wanted to accomplish. There was a discussion on doing a SWOT Exercise. Staff provided the board a draft of a typical SWOT Exercise for discussion. Upon reviewing this document, the consensus of the board is to undertake a SWOT exercise at the 2 next meeting. Staff will send out the SWOT Exercise to the board members for review in order to efficiently address the exercise at the next meeting. 6. Old Business: • Russ informed the board that the new NPB-BIZ web page was now active. This new one-stop web page will enable businesses to find everything on one page. The board felt the most important component is having a dedicated staff person assigned to interact with local businesses. The components of the new web page is a follows.  Business Liaison  Business Directory  Networking Events  Business Tax Receipts  Chamber Connection  Advisory Board 7. Board Member Comments: • Board members asked to be provided a list showing each members term limits. Below are the current terms for each board member;  David Talley (5/1/2021 – 4/30/2023)  Ronald Lantz (5/1/2021 – 4/30/2023)  Veronica Frehm (5/1/2021 – 4/30/2023)  Adam Jones (5/1/2021 – 4/30/202)  Marshall Gillespie (5/1/2021 – 4/30/2024)  Nathan Kennedy (5/1/2021 – 4/30/2024)  Nina Balgar (5/1/2021 – 4/30/2024) 8. Staff Comments: • Staff discussed the newly proposed governance of appointments and operations for all Village Advisory Boards. Board members felt that the new policies are long overdue and will instill a better path for boards to accomplish their goals. Dr. Aubrey alluded to the fact that the Village Council was not trying to be demanding but instead, wanted more consistency in what boards accomplish and encourage consistent attendance. 9. Adjournment: • Motion to adjourn by Ron Lantz. Seconded by Marshall Gillespie. 2 Meeting adjourned at 6:15 pm. VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES January 24th, 2023 CALL TO ORDER Chairperson Christine DelGuzzi called the meeting to order at 7:00 PM. ROLL CALL Present: Julie Morrell, Library Manager Christine DelGuzzi, Chairperson Phyllis Wissner, Vice Chairperson Bonnie Jenkins, Secretary - Absent Tina Chippas, Member Carolyn Kost, Member Brad Avakian, Member Leslie Metz, Member APPROVAL OF MINUTES Carolyn Kost made a motion to accept the Minutes for the November 22nd 2022 meeting. Leslie Metz seconded the motion, which passed with a unanimous vote. LIBRARIAN’S REPORT Library Manager Julie Morrell reported the following:  Facilities: o New wooden shelving on wheels has been installed upstairs but there are bare spots where there was no carpet underneath shelving. o New carpet will be installed soon, patches in carpet are temporary until then and expected to be second or third week of February o Steel wall shelving is expected to be installed sometime in February. o Carpet and painting will be scheduled around arrival of shelving.  Walls and trim will be white  Carpet is different shades of blue and navy  Children’s Programming o Four storytimes each week. o TCS classes visit on Wednesday-Friday mornings. o Children’s Arts and Crafts are held weekly on Thursdays at 3:00  This last week’s theme was vignettes o Children’s Art Appreciation is held on the third Friday of the month at 3:00. o Crazy 8’s Math Club is back every Wednesday for ages K-5.  Teen Programming: o Teen volunteers continue to assist the library in daily functions.  Adult Programming: o Knit and Crochet meet every Monday o Great Courses returned after winter break with “Wonders of the National Parks” on January 17th with 12-13 people and one dog this past Tuesday o Adult crafts were held December 8th with 23 people  Bonnie Jenkins of the LAB donated beads for crafts  Program went very well and many people made beautiful jewelry o Yoga with Mi Sun is back in Veteran’s Park on Friday mornings o Book Club was held December 1st and 13 book club members discussed the book The Many Daughters of Afong Moy by Jamie Ford o Senior Appreciation Bingo had 10 seniors attend o AARP will be doing taxes again starting February 1st on Wednesday and Friday from 9:00- 12:30 and stop April 14th. They will be taking appointments this year. No income max on free tax aide help either.  Friends of the Library: o Friends has a SeaWorld Raffle basket drawing February 17th which includes whale toy and 2 single-day adult tickets to and SeaWorld Park. o Today was the first day of the book sale but only open to Friends members for the first day  Many interested people joined the Friends to get the opportunity to shop early  Unsold books are being donated to Junior League and a hospital  Circulation of items is back to pre-pandemic levels; but E-circulation is up significantly. o Biggest e-circulation is through CloudLibrary but Libby will be kept on until Kindle devices accept CloudLibrary app. o New e-magazines are available through Libby App for about $600 a year and will be advertised through newsletter, brochures, and Facebook  Special Events: o Santa’s Trolley Rides on December 16th  Library staff assisted with Santa’s trolley rides  Staff members Meagan Hurd and Lynda Dones as well as Library Friend and volunteer Joy Loper dressed up and read to children  Advisory Board Dinner will be March 4th and Library staff will be at Macarthur Park that day running a library booth at their Naturescaping event OLD BUSINESS There was none. NEW BUSINESS There was none. QUESTIONS AND ANSWERS Councilman Darryl Aubrey inquired if many books had to be discarded when switching over to the new shelves. Manager Morrell responded that no books needed to be discarded due to a top row being added to the top of all the shelves and more wall shelving will be added on bare walls upstairs. Wooden shelves for the center of the room were thought to accommodate 5 shelves, but only 4 shelves fit correctly in the end. Carolyn Kost had a question about the top shelf of the wall shelving being used and wondered if it was ADA compliant. Manager Morrell responded that it was only temporary until the new shelving comes in February. Tina Chippas wanted to know if there was a sheet of paper that had all of the library’s ongoing and special events in one place. Manager Morrell responded that at the moment, they have the Village newsletter as well as individual half-sheet handouts under the bulletin boards. It was decided that a double-sided sheet of paper with activities for adults and children could be created that gave all of the information in one go. ADJOURNMENT Carolyn Kost motioned to adjourn the meeting. Tina Chippas seconded the motion and the meeting adjourned at 7:22pm. The next meeting will be Tuesday, February 28th, 2023, at 7:00pm in the Obert Room. Respectfully submitted by Julie Morrell VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Jessica Green, Village Clerk DATE: March 9, 2023 SUBJECT: RESOLUTION – Village Boards and Committees Re-Appointments In accordance with Chapter 2, Article 1 of the Code of Ordinances, the Village Council may appoint citizens as members of its Boards to serve at the pleasure of the Council. Section 2-1(h)(2) provides that “Members whose terms have expired shall continue to serve until their successors are appointed.” There are thirty-five (35) board and committee members whose terms are expiring on April 30, 2023. These board and committee members were notified by the Village Clerk’s office and asked to complete and submit an updated Advisory Board Application if they wanted to be considered for re-appointment. The notification advised that if an updated application was not submitted by the deadline provided, re-appointment to the board would not be considered. The results of the notification were as follows:  27 members requested re-appointment and submitted completed applications which are attached for your information. 1 out of the 27 members wh o requested re-appointment is ineligible.  3 members declined re-appointment  5 members did not respond The following incumbent members that are requesting Council consideration for reappointment are as follows: Business Advisory Board  Veronica Frehm  Ronald Lantz  David Talley Golf Advisory Board  Sandra Felis  Steve Mathison  Richard Pizzolato  Landon Wells  Curtis Witters Planning Commission  Cory Cross  Kathryn Dewitt  Jonathan Haigh  Scott Hicks  Donald Solodar Environmental Committee  Ellen Allen  Mary Phillips  Shawn Woods Infrastructure Surtax Committee  Cathy Graham  Karen Marcus  Mary Phillips  Patricia Sullivan Recreation Board  Mia St. John General Employees Pension Board  Alan Kral Library Advisory Board  Brad Avakian  Christine DelGuzzi  Bonnie Jenkins  Phyllis Wissner Recommendation: Village Staff recommends Council consideration of the applications for re-appointment, and adoption of the proposed Resolution. Page 1 of 3 RESOLUTION 2023-___ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REAPPOINTING MEMBERS TO THE BUSINESS ADVISORY BOARD, ENVIRONMENTAL COMMITTEE, GENERAL EMPLOYEES PENSION BOARD, GOLF ADVISORY BOARD, INFRASTRUCTURE SURTAX COMMITTEE, LIBRARY ADVISORY BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Chapter 2, Article I of the Village Code of Ordinances, the Village Council may appoint residents of the Village as members of Village advisory boards to serve at the pleasure of the Village Council, subject to the terms and conditions set forth therein; and WHEREAS, the Village Council wishes to reappoint Village residents to serve on the Village Business Advisory Board, Environmental Committee, Golf Advisory Board, General Employees Pension Board, Infrastructure Surtax Committee, Library Advisory Board, Planning Commission and Recreation Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The following persons are hereby reappointed to various Village Boards and Committees for the terms commencing May 1, 2023 and expiring as indicated below: BUSINESS ADVISORY BOARD Veronica Frehm April 30, 2026 Ronald Lantz April 30, 2026 David Talley April 30, 2026 ENVIRONMENTAL COMMITTEE Ellen Allen April 30, 2025 Mary Phillips April 30, 2025 Shawn Woods April 30, 2025 GOLF ADVISORY BOARD Sandra Felis, Women’s Golf Association Representative April 30, 2024 Rich Pizzolato April 30, 2024 Landon Wells April 30, 2025 Curtis Witters April 30, 2025 Page 2 of 3 INFRASTRUCTURE SURTAX COMMITTEE Cathy Graham April 30, 2025 Karen Marcus April 30, 2025 Mary Phillips April 30, 2025 Patricia Sullivan April 30, 2025 LIBRARY ADVISORY BOARD Brad Avakian April 30, 2025 Christine DelGuzzi April 30, 2025 Bonnie Jenkins April 30, 2025 Phyllis Wissner April 30, 2025 GENERAL EMPLOYEES PENSION BOARD Alan Kral April 30, 2025 PLANNING COMMISSION Cory Cross April 30, 2025 Kathryn DeWitt April 30, 2025 Jonathan Haigh April 30, 2025 Scott Hicks April 30, 2025 Donald Solodar April 30, 2025 RECREATION ADVISORY BOARD Mia St. John April 30, 2025 Section 2. The Village Clerk is hereby directed to send a conformed copy of this resolution to the members reappointed above. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Page 3 of 3 Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 9TH DAY OF MARCH, 2023 (Village Seal) MAYOR ATTEST: VILLAGE CLERK THE VILLAGE OF North Palm Beach Office of the Village Clerk 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906.561-841-3355 • FAX 561-881-7469 www.village-npb.org . npbclerkavillage-nob org APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Veronica Frehm ADDRESS 800 Juniper Drive North Palm Beach FL 33408 OCCUPATION Executive Director BUSINESS ADDRESS 10900 Jack Nicklaus Drive NPB FL 33408 E-MAIL ADDRESS (optional) veronica@macarthurbeach.org HOME PHONE 3525140450 BUSINESS PHONE 5617767449 Resume attached? (optional) Yes No Brief Description of Education/Experience Friends of MacArthur Beach State Park, Inc. - Executive Director July 2020 - present; 4-H University of Florida - Statewide Camninn and Environmental Education Coordinator February 2020 — July 2020; Friends of MacArthur Beach State Park, Inc. — Director of Education April 2014 — January 2020; Florida Atlantic University/Pine Jog Environmental Education Center - Program Coordinator, August 2010 - April 2014 Are you a registered voter? Yes No Do you live here year-round or seasonally? 6-9 How long have you lived in North Palm Beach? 2.5 years, 35+ in area Please list any current or prior experience as a volunteer on a board, committee, association, etc. I currently serve on the Business Advisory Committee. I would like to continue the work being done and expand the reach and number of initiatives. Do you currently serve on a Village Board? Yes ® No If yes, which one? Business Advisory Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee Business Advisory Board Environmental Committee Golf Advisory Board Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for Golf Advisory Board, please check if you are a: General Employees Pension Board Police and Fire Pension Board Planning Commission ;, Recreation Advisory Board Waterways Board Y Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Golf Member yL MGA Member D— WGA Member Why are you interested in serving on this board? These past two years, the Business Advisory Board has started some great initiatives for the community. I would like to continue working with the team to broaden the reach and impact Veronica Frehm Digitally signed by Veronica FrehmSignatureDate: 2023.01.09 16:41:45 -05'00 Date 1/9/2023 ALL GAJ 6'dC R ul' v'L<<.:.C , DF% o R ? (GARDS A012- REQ111 IE111) TO) 0 NI LETS C THI]CS ` RAII °IING BYRhL011MGTlr=.tr P1:,LP ,l E5'EA F` CC-FUJC',Ty COLO ,D)rc OF ' 'LlI 'S lbw o V'YZMflM G C HIE E u [WIGS TRAINING V11DE0. PlOaSs NWO: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, pleaseadvisetheClerk's office when submitting this form. rev 2019-03-18 THE VILLAGE OF North Palm Beach Wit Office of the Village Clerk 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906. 561-841-3355. FAX 561-881-7469npbclerk0village-nob ora . www.villaae-nob ora APPLICATION FOR APPOINTMENT TO BUSINESS ADVISORY BOARD Applicant Veronica Frehm Home 800 Juniper Drive Address North Palm Beach, FL 33408 NPB Resident 2 years 21 full-time seasonal n/a Home Phone 3525140450 Business Phone 5617767449 Business Name Friends of MacArthur Beach State Park Business 10900 Jack Nicklaus Drive Address North Palm Beach FL 33408 Occupation Executive Director Email Address veronica@macarthurbeach.org Website www.macarthurbeach.org Cell Phone 3525140450 1 am the businessOwner O erator Manager p g (check all that apply) Business Type Retail Professional Services Personal Services Commercial Realtor and/or Business Broker r7lOther Commercial Property Owner list addresses) Educational Master's Degree in Environmental Education - Florida Atlantic UniversityBackground Bachelor of Arts in English/Film and Media Studies- University of Florida Occupational Friends of MacArthur Beach State Park April 2014 -present; 2014-2020 Director of Education; 2020 -present Executive DirectorExperience Florida Atlantic University/Pine Jog Environmental Eduction Center 2010-2014 Professional North American Association for Environmental Education (NAAEE); Florida Marine Science Educators Association (FMSEA); Memberships Association of Nature Center Administrators (ANCA); Citizen Science Association; Project Learning Tree; and FWC Project WILD Civic Affiliations Youth Making Ripples Film, Inc. — Board Member; Secretary of Board Community Greening - Volunteer Friends of MacArthur Beach — Executive Director, work with Board Committees including: Governance, Marketing & Public Relations, Events and Cultivation, Finance/Budget/Audit, and ExecutiveBusiness Development Youth Making Ripples Film, Inc. — Founding Board Officer, collaborated with Directors to establish nonprofit status and create governing documentsExperience Life Light - Led marketing and communications for marine safety product, locally developed/sold internationally Signature Veronica Frehm Digitally signed by Veronica Frehm Date: 2023.01.09 15:53:23 -05'00' Date 1-9-2023 Additional information (resume, etc.) may be attached at applicant's option. Thank you for your interest in serving our community. PN861'-:30 MqWa- by Fiorida lavit, this document is a public record. If you do not want your email address released inresponsetoapublic -records request, do not include your email address. If your home address, home phone, and cellphonenumberareexemptunderFloridaStatutes, please advise the Clerk's office when submitting this form. ALL MEMBERS OF VLLAGE ADVMORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BYREADINGTHEPALMBEACHCOUNTYCODEOFETHICSANDVIEWINGTHEETHICSTRAININGVIDEO. THE VILLAGE OF North Palm Beach pAL Office of the Village Clerk 501 U.S. HIGHWAY ONE . NORTH PALM BEACH, FLORIDA 33408-4906.561-841-3355 • FAX 561-881.7469 www.v#lla.ge-nl2b,oLq-ni)bclerk@vill%lge-npb. q APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Ronald Lantz ADDRESS 720 Ibis Vila OCCUPATION Attorney NOME PHONE 561-906-6321 BUSINESS PHONE 561-906-6321 BUSINESS ADDRESS 636 qS Highway One #rf Floor North Palm Beach f)l'ut;*@ronaldlantz.comE-MAIL ADDRESS (optional) Resume attached? (optional) Yes No Brief Description of Education/Experience a.s. tram sainS Louis university J.D. Degree from Saint Louis University Are you a registered voter? Yes No Do you live here year-round How long have you lived in North Palm Beach? 2002 or seasonally? U 6-9 Please list any current or prior experience as a volunteer on a board, committee, association, etc. Previously served on Business Adivoray Board Do you currently serve on a Village Board? Yes No If yes, which one? Buisness Advisory Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee X Business Advisory Board Environmental Committee Golf Advisory Board Infrastructure Surtax Oversight Committee General Employees Pension Board Police and Fire Pension Board " Planning Commission Recreation Advisory Board Waterways Board Library Advisory Board Pension Board members and Planning Commission membahs must file a limited Financial Disclosure Statement within 30 nays ofappantment and annually thereafter. Contact the Clerks office fa rnnre information. Applicants for Golf Advisory Board, please check if you are a: Golf Member —0— MGA Member _a WGA Member Why are you interested in serving on this board? Have Served on Booard. Signature Date WZ '3 ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AN13 VIEWING THE UTMICS TRAININQ VIDEQ. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 THE VILLAGE OF North Palm Beach Office of the Village Clerk 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906.561- 841-3355 . FAX 561-881-7469 n bclerk villa a -n b,or • www.viilage-nnb orp APPLICATION FOR APPOINTMENT TO BUSINESS ADVISORY BOARD ApplicantRonald Lang Business Name Ronald K. Lantz, Attorney at Law Home 720 Ibis Way Business 636 US Highway One 3rd Floor Address North Palm Beach Address North Palm Beach NPB Resident 20 years 0 full-time seasonal n/a Occupation Attorney Home Phone 561-906-6321 Email Addressmail@ronaldiantz.com Business Phone 561-8$1-1140 website Gell Phone I am the businessR]Owner Operator Manager (check all that apply) Business Type Retaii 171 Professional Services Personal Services Commercial Realtor and/or Business Broker Other Commercial Property Owner list addresses) Educational B.A. Saint Louis University Background J.D. Saint Louis Universitv Occupational Attorney for 30 pills years Experience Professional Memberships Civic Affiliations Business I oringally set on the first Business Advisory Bd. Development Experience I have ran my law office for over 25 years. Signature Date Additional information (resume, etc.) may be attached at applicant's option. Thank you for your interest in serving our community Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public -records request, do not include your email address. If your home address, home phone, and cell phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. THE VILLAGE OF Village Clerk North Palm Beach JAN ISOfficeoftheVillageClerk 2 2 a"x 501 U.S. HIGHWAY ONE . NORTH PALM BEACH, FLORIDA 33408-4906.561-841-3355. FAX 561-881-7469 www.village-nob.org • nobclerk aOvillaae-nob.ora Received APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME 14. ArL—.Lgl? HOME PHONE " 11 z=r ADDRESS OCCUPATION WAY & BUSINESS PHONE /-A E-MAII,.ADDRESS (optional),_" Resume attached? (optional) Yes of Education/Experience Are you a registered voter? Yes No Do you live here year-round or seasonally? 6-9 How long have you lived in North Palm Beach? Please list any current or prior experience as a volunteer on a board, committee, association, etc. o ee e., su m i= - Do you currently serve on a Village Board? Yes No If yes, which one? Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. 1 Audit Committee _ General Employees Pension Board Business Advisory Board Police and Fire Pension Board Environmental Committee Planning Commission " Golf Advisory Board Recreation,dvisory Board Infrastructure Surtax Oversight Committee Waterways Board Library Advisory Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Applicants for Golf Advisory Board, please check if you are a: Golf Member D— MGA Member D— WGA Member WtAare you interested in serving on this board? — bmie "- ei Signature Date Z to ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 David -3% Valley A former Chamber of Commerce president and banker, some of Mr. Talley's Community Service/Professional Affiliations include serving on the following Boards. Palm Beach State College Board of Trustees (2001-2014) Past Chair of the Trustees Commission Florida (representing all 28 Florida community colleges) for the Association of Florida Colleges (AFC) (2009-2010) Florida Community College Trustee of the Year (2009) Board of Directors of the Florida College System Foundation (2009-2012) Florida Chamber of Commerce Board of Directors (1986- 1988) CareerSource Palm Beach County, Inc. Chairman, Board of Directors, Executive Committee Financial Planning Committee One -Stop Delivery System Committee Youth and Young Adult Outreach Committee Association of Community College Trustees Board of Directors (2010- 2014) Southern Regional Chair (2010-2012) Finance & Audit Committee as an associate member (2008-2009) Florida State Coordinator Governance & Bylaws Committee Southern Region Nominating Committee (2007-2009) Communications & Education Committee (2011-2012) Palm Beach State College Bachelor's Degree Business Partnership Council Port of Palm Beach Audit Committee President's Community Council of Florida Atlantic University Roger Dean Stadium Advisory Board School District of Palm Beach County Audit Committee, Chairman State Attorney Advisory Board Village of North Palm Beach Audit Committee Business Advisory Council Golf Advisory Council .024 Criminal Justice Commission Corrections Committee Former President and Chief Executive Officer of the Northern Palm Beach Chamber of Commerce Past Chair of the Forum Club of the Palm Beaches (2000-2001) Charter School District Advisory Committee for the School District of Palm Beach County (2005-2008) Governing Board — Palm Beach Gardens Medical Center (2004-2014) Past Chair of the Palm Beach County Convention and Visitor's Bureau 1995- 1997) Past Chair of the Florida/Puerto Rico Affiliate of the American Heart Association (1990-1992) 2019 THE VILLAGE OF North Palm Beach Office of the Village Clerk 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906 • 561-841-3355 • FAX 561-881-7469 www.village-npb.org • npbclerk(a village-npb.orq APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Ellen D Allen HOME PHONE 305-333-0404 ADDRESS 623 Westwind Dr OCCUPATION Scientist - invasive species BUSINESS ADDRESS SFWMD 3301 Gun Club Rd. WPB BUSINESS PHONE 561-248-4027 E-MAIL ADDRESS (optional) ellen.donlan@gmail.com Resume attached? (optional) Yes _ No ( Brief Description of Education/Experience I currently supervise invasive species management in natural areas for SFWMD previously treasurer for FL Exotic Pest Plant Council (now FISC) BS Botany, Environmental MBA ( Are you a registered voter? Yes No Do you live here year-round or seasonally? n -9 How long have you lived in North Palm Beach? 14 years - year round resident Please list any current or prior experience as a volunteer on a board, committee, association, etc. 2 vears on environmental committee Do you currently serve on a Village Board? Yes . no No If yes, which one? environmental Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee Business Advisory Board X Environmental Committee Golf Advisory Board Infrastructure Surtax Oversight Committee General Employees Pension Board Police and Fire Pension Board * Planning Commission * Recreation Advisory Board Waterways Board Library Advisory Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Applicants for Golf Advisory Board, please check if you are a: Golf Member 0 MGA Member WGA Member Why are you interested in serving on this board? Signature Date 1 2, ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 THE VILLAGE OF L4 . North Palm Beach w Office of the Village ClerkxyRnLMOv 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906.561-841-3355 • FAX 561- 881-7469 www.village-npb.org • npbderk(a)village-npb.orq APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Mary Phillips ADDRESS 525 Ebbtide Drive NPB 33408 OCCUPATION Healthcare Financial Consultant BUSINESS ADDRESS same E-MAIL ADDRESS (optional) MPhilli525@gmail.com HOME PHONE 5618818967 BUSINESS PHONE 7722144860 A'me attached? (optional) Yes 0 No Brief Description of Education/Experience I have worked in the Healthcare Analytics industry since 1984, processing, auditing and advising on the collection of financial, statistical, medical and demographic data for not for profit Hospital clients on the vendor side, as,a hospital employee and as a consultant Are you a registered voter? Yes No Do you live here year-round or seasonally? 6-9 How long have you fived in North Palm Beach? since 1991 Please list any current or prior experience as a volunteer on a board, committee, association, etc. currently serve on the Environmental Committee and the Infrastructure Surtax Oversight Committ( Also serve as Secretary of the Friends of t e NPB Library Board Do you currently serve on a Village Board? Yes lL 0 No If yes, which one? see above Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee Business Advisory Board Environmental Committee Golf Advisory Board 2 Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for Golf Advisory Board, please check if you are a General Employees Pension Board Police and Fire Pension Board Planning Commission * Recreation Advisory Board Waterways Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Golf Member 0 MGA Member D— WGA Member Why are you interested in serving on this board? both boards are important to the day to day operation of NPB I'd like to assist in both collecting and disseminating operational information to fellow residents Signature Date/ 2` ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 MARY PHILLIPS 525 Ebbtide Drive North Palm Beach, Florida 33408-4818 561.881.8967 To: Mayor Searcy, Vice Mayor Norris, Council Members Aubrey, Bickel and Mullinix Re: Appointment to Village Committee 2023 I have very much enjoyed serving on the Environmental Committee and the Infrastructure Surtax Oversight Committee, and would like to continue serving on each committee for another term. I feel that both committees share a commitment to guiding efficient and responsible growth in our Village. My personal commitment is especially to be a voice for the parks and green spaces. It is important to me to hear the concerns of my fellow residents, take that feedback to the committees, and be able to deliver reliable information back to the community. I strive to make sure that the residents know that the Village is addressing their concerns, and it has been really fun to be a part of sharing the good news of the initiatives that bring the sense of community that makes NPB such a great place to live. Thank you for the opportunity to serve on these committees, and for the service that you provide to our Village. Mary Phillips Jan. 29, 2023 THE VILLAGE OF North Palm Beach ri Office of the Village Clerk 501 U.S. HIGHWAYONE. NORTH PALM BEACH, FLORIDA 33408-4906.561- 841-3355. FAX 561- a81-71469 vnm village -nob oro. nobderkOvillage-nob.ora APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Shawn Woods 561) 569-0812 HOME PHONE ADDRESS 124 Yacht Club Drive Apt 3 OCCUPATION Realtor with Keller Williams Realty, Intl. BUSINESS PHONE BUSINESSADDRESS6271 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33418 561) 569-0812 E-MAIL ADDRESS (optional) smkw00dSQgmail.com Resume attached? (optional) Yes IS! No 0 Brief Description of Education/Experience My educational background is in education. I've owned and operated my own business since 1997 and opened the first restaurant in The Presidio of San Francisco, a National Park. Are you a registered voter? Yes —JOiL— No How long have you lived in North Palm Beach? Do you live here year-round 5 years or seasonally? 6 9 Please list any current or prior experience as a volunteer on a board, committee, association, etc. Inagural member of the Envirnmental Committee and member of the Ad Hoc committee. Do you currently serve on a Village Board? Yes 0L No If yes, which one? Environmental /Ad Hoc Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being fit. Audit Committee General Employees Pension Board Business Advisory Board Police and Fire Pension Board ` X Environmental Committee Planning Commission Golf Advisory Board Recreation Advisory Board Infrastructure Surtax Oversight Committee _ Waterways Board Library Advisory Board * Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days ofappointr lent and annually t emafter. Contact the Clerk s Once fir more information. Applicants4,ilnter sory Board, please check if you area: Golf Member D— MGA Member D— WGA Member —0 Why are yin serving on thisboard? I'm out to make a difference for the Village by maintaining our quality helping us grow responsibly & sustainably into the future n . Signature 7tDate ALL MEMBERS`bF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLEFw ETHICS TKAWING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 Shawn Marie W000d 124 Yacht Club #3 North Palm Beach, FL 33408 (561) 569-0812 — smkwoods@gmail.com Experience 6/20 — Present Realtor`z Keller Williams Reserve I Preferred Luxury - Palm Beach Gardens, FL Full Time concierge Realtor specializing in North Palm Beach and surrounding area. 3/18-6/20 Realtor Keller Williams Realty Palm Beaches — Palm Beach Gardens, FL Full Time residential Realtor specializing in North Palm Beach and surrounding area. 3/14-1/18 Terminal Supervisor Golden Gate Bridge Highway & Transportation District Ferry Division -Larkspur, CA On call supervisor for Larkspur, San Francisco, and Sausalito ferry terminals. Scheduling and crewing boats Terminal operations and customer management 5/10-9/13 Owner/Manager/Sales Tahoe Duck Tours - South Lake Tahoe, CA Seasonal summer business offering scenic tours of Lake Tahoe. Now closed. Oversee daily operations & sales Marketing & PR 10/12-5/13 Administrative Assistant — Snowmaking & Skier Services -Ski & Ride School Vail Resorts — Heavenly Ski Resort - South Lake Tahoe, CA Administrative support for fast paced office environment. 11/09- 4/10 Ticket Administration "Special Tickets Squaw Valley Ski Corp. - Squaw Valley, CA Customer support for all transactions above regular ticket sales 7/06-10/09 Owner Managing Partner Presidio Social Club -Presidio of San Francisco, CA Owned and managed a 120 seat, full-service restaurant with a staff of 54. Developed, built and managed this restaurant in a National Park 1/01 —7/06 Freelance Work; Concept Development /Event Planning/ Catering Eureka House, Inc. - Windsor, CA 7/98-1/01 Owner /Managing Partner Mariposa Restaurant - Windsor, CA Education 2014 BTB Feng Shui School - Black Sect Tantric Buddhism Certified Feng Shui Consultant 1992 San Francisco State University - San Francisco, CA B.A. Home Economics, Consumer & Family Sciences - Child Development Shawn Marie Wooad 124 Yacht Club Dr #3 North Palm Beach, FL 33408 (561) 569-0812 -- smkwoodsC6gmail.com Training Certified Referral Trainer Michael J. Maher, Author of The 7 Levels of Communication — Trained to speak and deliver the 7 L systems presented in Mr. Maher's best-selling book. Landmark Forum Graduate Currently being trained and developed as a leader of Landmark Volunteer Work Volunteer Member Environmental Committee - Village of North Palm Beach, North Palm Beach, FL Advisory committee appointed by the City Council to recommend programs & activities to promote and conserve the village's natural environment by using environmentally safe practices and utilizing native and drought tolerant plant species. Vice President Friends of the Library — North Palm Beach Public Library — North Palm Beach, FL A donation -based advocacy group that fundraises and financially supports additional program offerings for adults and children at the library. Founder & Organizer Keep it Clean NPB —North Palm Beach, FL An environmental conservation organization that advocates keeping our waterways & ocean trash free through monthly clean ups, education and promoting best practices. Volunteer Neighborhood Enhancement Team - North Palm Beach, FL Outreach program that helps improve neighborhoods in North Palm Beach by helping homeowners in distressed situations maintain their properties. Graduate, Inaugural Class 2012 South Lake Tahoe Citizen's Academy — South Lake Tahoe, CA Seven session interactive course designed to provide residents with an in-depth look into municipal government, as well as, information about the services and programs of the City of South Lake Tahoe. THE VILLAGE OF Village Clerk North Palm Beach p Office of the Village Clerk JAN 18 2023 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906.561-841-3355 • FAX 561-881-7469 www.villaae-nob.oro . nobclerkCa villaae-nob.ora Received APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME AL+1j HOME PHONE 97 3 Zey Graf ADDRESS /00 -A'K s ll E D2 9-Pf aS Otirlf PAz-n RaitC1410 Pte- Z3ctoir OCCUPATION A(' rI/t6b BUSINESS PHONE BUSINESS ADDRESS E-MAIL ADDRESS (optional) 4K 2 41- 0- cvn t- M>! n/el' Resume attached? (optional) Yes No Brief Description of Education/Experience 13k Q -h ATZ _/qS L4n/ jy w R s i r^1 DF m, my'S a !2!r , Al i%A li rJi crams i r l 0-- h hu&4oTv r•• Cel 7h'Iv, Ado Nc.Ae, ,4t*tYtr-0 Caw",'iro Fr- r'c l,do- Are you a registered voter? Yes No Do you live here year-round or seasonally? 6-9 How long have you lived in North Palm Beach? 1 %mss 14w" ntn. , Please list any current or prior experience as a volunteer on a board, committee, association, etc. 1f*jAA/M) )41 &1LA i0tA! 014041floo IQt;PNgc,c,r, Cohril rry, 1411 t iQce R.y hA*1A1IN6 Z61,V bj 111t.c2a,l Cr'rs )3 Otrr' "o150"d& )1rrW-, 1' IseK,ow&A, Aq+k-q- Pe/rr rvw&a doW Dr-4.VV jmA+ Do you currently serve on a Village Board? Yes . &) No If yes, which one? Eh 10k)'/y-o!' 104n/rly1 Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee Business Advisory Board Environmental Committee Golf Advisory Board Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for Golf Advisory Board, please check if you are a: General Employees Pension Board ' Police and Fire Pension Board * Planning Commission * Recreation Advisory Board Waterways Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Golf Member _a MGA Member D— WGA Member Why are you interested in serving on this board? 74%je I u r/ Ek1°eva - 4-1NGa l y-fYa1w: J Signature k Date j4_,&9 3 ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 THE VILLAGE OF North Palm Beach Office of the Village Clerk PALM 501 U.S. HIGHWAYONE • NORTH PALM BEACH, FLORIDA 33408-4906.561- 841-3355 • FAX 561- 881- Alage Clerk mmmillaae-nob.ora • nnbclerk(&-village-nnb.ora JAN 1RR 202233 APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMM 'TEE Received UA NAME C5E` PJB P -N L S H6fvtE PHONE-C ADDRESS I • n$ „-• hd1s %' c' o 3 g , N l iia R-V+r) t VIC 1. jz9- OCCUPATION BUSINESS PHONE N14 BUSINESS ADDRESS IVA E-MAILADDRESS (optional) cSQSV1 -'Q amu`. Cu"— Resume attached? (optional) Yes _ No Brief Description of Education/Experience c s-., Are you a registered voter? Yes No Do you live here year-round or seasonally? Q--9 _ How long have you lived in North Palm Beach? Please list any current or prior experience as a volunteer on a board, committee, association, etc. Do you currently serve on a Village Board? Yes No If yes, which one? Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee Business Advisory Board Environmental Committee k- 11* Golf Advisory Board Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for Golf Advisory Board, please check if you are a: Why are you interested in serving on this board? k- 'N ?O—Q_ . '! Cd Lm Signature Qjvr- s'.S= -tL" 91 IT General Employees Pension Board Police and Fire Pension Board Planning Commission Recreation Advisory Board Waterways Board Pension Board members and Planning Commisslon members must file a limited Financial Disclosure Statement within 30 days ofappointment and annually thereafter Contact the Clerk's Ofltce fo , more information. Alalk da Golf Member MGA Member WGA Member nkK I aCDA6. ) f L .0.rN..thePa -." P Q. lz - Date s(ix. 8 , a C 3 ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019- 03-18 SANDRA L. FELIS 108 Lakeshore Dr Apt 238, North Palm Beach, FL 33408 • (802) 922-0523 sandrafelis@aol.com PROFESSIONAL EXPERIENCE UNIVERSITY OF VERMONT MEDICAL CENTER (UVMMC)/FLETCHER ALLEN HEALTH CARE, Burlington, Vermont 2007-2015 Senior Vice President, Chief Operating Officer and ChiefNursing Officer Managed day to day hospital operations, including nursing, ancillary departments, perioperative departments, renal dialysis, facilities, and food services including over 4000 employees and annual gross revenue of Million. As Chief Nursing Officer, was responsible for nursing practice across UVMMC including the ambulatory clinics. Key proiects/executive sponsorship included: Joint leadership of patient safety/quality (UVMMC achieved top 20 status in the University Health Consortium 4 years in a row) Executive leadership in conjunction with the President of the Medical Practice - for the implementation of EPIC electronic health record) across UVMMC - inpatient units, ancillary services and ambulatory clinics Guided the planning process for a new 7 story, 180,000 square foot medical surgical inpatient building (currently under construction) Provided direction and oversight for RN union activities and negotiations, Reduced outside RN agency usage and decreased RN turnover Directed the redesign of nursing shared governance and of the Nurse Manager role. COMPUTER SCIENCES CORPORATION, Atlanta, Georgia 1994-2007 Principal As an executive consultant and a seasoned industry expert for CSC's Global Health Solutions (and formerly APM Incorporated) managed large performance improvement projects, specializing in operational reengineering with a focus on business and clinical process redesign within individual hospitals including patient care, ancillary services, clinical effectiveness, and supply chain. Also had experience in conducting clinical information system assessments, planning and implementation and was a leader in the Clinical Transformation practice. Examples of engagements included: A clinical information systems implementation for a major AMC, including clinical provider order entry. Areas of focus include process redesign, communications, ROI, organizational readiness, training, activation planning, and mentoring client partner. A patient safety assessment for a large AMC children's hospital to identify areas of risk for the medical errors occurring in the areas of Medication Management, Emergency Department and the General Medical/Surgical Units. A patient safety assessment for a large southeastern AMC to identify areas of risk for the occurrence of medical errors in the areas of L&D, Operating Room, Emergency Department, Intensive Care and Medication Management. A system wide performance improvement rapid action initiative in a large AMC with significant financial needs to identify $30 million in annual savings as a result of benchmarking, staffing to demand analyses in several clinical departments, and reduction in the length of stay. A supply chain project for a large AMC health care system in Massachusetts, which resulted in identification of a 5% reduction ($6M annual savings) in the controllable supply chain expense base. ST. JOSEPH'S HOSPITAL OF ATLANTA, Atlanta, Georgia 1992-1994 Vice President, and Chief Nursing Officer In a chief operating officer role, administered the activities for the management and integration of the nursing, professional ancillary and service departments for this 346 bed, Catholic, not-for-profit tertiary care hospital with accountability for an expense budget of $125 million, including 1800 employees. Supported nursing shared governance by working collaboratively with the Chair of the Nursing Staffand Nursing Executive Council to provide visionary leadership for the Nursing Division. Initiated a review of the work redesign units to evaluate cost effectiveness and quality improvement in anticipation of house -wide expansion. In conjunction with finance, restructured the operating budget process to increase the accountability of the department director and assist them to plan in a more cost-effective manner. MILLS -PENINSULA HOSPITALS, Burlingame and San Mateo, California 1984-1992 Vice President Directed, planned, and administered the activities for Patient Services for two unionized, community, not-for-profit hospitals licensed for a total of 785 beds. Clinical areas of responsibility included medical -surgical, rehabilitation, oncology, critical care, perinatal, surgery services, emergency services, renal services, skilled nursing facilities, home health agency, respiratory care services, and radiation therapy. Reported to Chief Executive Officer. Designed a system for implementation of nurse extenders under the Partners -in -Practice model, reducing expenses and improving patient satisfaction. Merged the Nursing Departments of two acute-care hospitals into one combined Nursing Division. Directed the development of a community-based oncology program including a Community Clinical Oncology Program designation. Successfully transitioned the two perinatal facilities and programs into one merged service. Standardized peri -operative pricing across two separate facilities SAINT FRANCIS MEMORIAL HOSPITAL, San Francisco, California 1981-1984 Associate Administrator, Patient Care Services Directed, planned and administered the activities for the Division of Patient Care Services in an acute-care, unionized hospital, licensed for 362 beds with an expense budget of $16 million including 500 employees. Responsibilities included medical -surgical, rehabilitation, oncology, critical care, psychiatry and emergency services. Reported to the Chief Executive Officer. STAFF NURSE, TEACHING AND MANAGEMENT POSITIONS, Denver, Colorado 1971- 1981 COMMUNITY BOARD ACTIVITIES 2005-2006 Member Patient Safety/Quality Committee, CHI Memorial Hospital Board, Chattanooga, TN 2006-2007 Member, Finance Committee, CHI Memorial Hospital Board, Chattanooga, TN 2009 - 2015 - Board of Directors, Mercy Connections, Burlington, VT 2012 - 2015 - Chair, Finance Committee 2011 - 2015 - Board of Directors, Center for Donation and Transplant, Albany NY 2021- Current - Village of North Palm Beach Golf Advisory Board, North Palm Beach, FL PUBLICATIONS Patient Safety and the Technology Imperative", International Review of Patient Care, September 2003, co- authored with Kevin Fickenscher, MD Going Online to Prevent Medical Errors", CSC World - Putting; Innovation to Work, January -March 2006 AFFILIATIONS American College of Health Care Executives PROFESSIONAL ACTIVITIES 2010 — 2015 - Adjunct Associate Professor, University of Vermont, College of Nursing and Health Sciences 2007 - 2015 - Member, Vermont Organization Nursing Leaders 2009 - 2015 - Member, Sigma Theta Tau 1997- 1999 Board of Directors, Georgia Organization of Nurse Executives 1994- 1998 Program Committee Chair, Georgia Organization of Nurse Executives 1989-1992 Member - Community Advisory Board San Francisco State University Department of Nursing 1989-1992 Chairperson - Nursing Consortium for Research in Practice 1985-1992 Board Member - Nursing Consortium for Research in Practice Stanford University 1988-1990 Member - Nominating Committee Organization of Nursing Executives, California 1989-1992 Member - Membership and Marketing Committee Organization of Nursing Executives, California 1987-1988 Member - Nursing Shortage Task Force Hospital Council of Northern California 1987 Member - Medical Staff/Hospital Relationships Task Force California Association of Hospitals and Health Systems 1986-1987 Secretary - West Bay Council of Nursing Service Administrators 1982-1983 Chairperson - Nursing Administrators - Affiliated Hospitals of San Francisco AWARDS, HONORS & SPECIAL RECOGNITION 1990 Johnson & Johnson - Wharton Fellow Wharton Business School University of Pennsylvania - Johnson & Johnson Wharton Fellows Program in Management 1988-1996 Who's Who in American Nursing 1984-1992 Who's Who in the West EDUCATION University of Colorado Health Sciences Center, Denver, Colorado 1979 - Masters of Science in Nursing Administration Ball State University, Muncie, Indiana 1971 - Bachelor of Science Major: Professional Nursing LOCAL SOCIAL ACTIVITIESIMEMBERSHIPS Palm Beach Sailing Club — 2022 - current North Palm Beach Country Club — 2019 — current Dorset Field Club — 2012 - current St Andrews Bay Yacht Club - 2015-2019 Bay Point Golf Club - 2016 - 2019 BPGC Ladies Golf Association, Treasurer — 2018 - 2019 Bay Point Yacht Club - 2017 — 2019 Windswept Golf Club 2015 - 2017 Vermont National Golf Club — 2008 - 2015 THE VILI AGE or- Nofth Pam Beach Office of tate Village Clerk 501 U.S.HIGMAYdN6 ^{CMF .= TJ_i4_ A. w ..nn6cb1k ILba-roe.crn APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME ST'taPit0AJ M4 -T }+f 50 A,7 I-- Lit, ItI'H0NE JL-?!a2"JY30 ADDRESSL L 1 g' Cd„t fir,} Ct 4 y7 v^ M i THE VILLAGE OF Village Clerk O41UAR. North Palm Beach rrw 9 .JAN. 2 d 2023OfficeoftheVillageClerk yrn me , 0 501 U.S. HIGHWAY ONE •NORTH PALM BEACH, FLORIDA 33408-4906.561-841-3355 •FAX 561- 881-7469 www.villaae-npb.ora • nobderkOvillaae-nob.ora Received APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Richard Pizzolato ADDRESS 1618 Twelve Oaks Way Unit 305 OCCUPATION Retired BUSINESS ADDRESS E-MAIL ADDRESS (optional) richp74249gmail HOMEPHONE BUSINESS PHONE 727- 804-7424 Resume attached? (optional) Yes n No Q Brief Description of Education/Experience BA - Administration; CEO golf GPS company; EVP healthcare technology company; marketing data analyst Are you a registered voter? Yes No Do you live here year-round or seasonally? 6-9 How long have you lived in North Palm Beach? 10 yrs. Please list any current or prior experience as a volunteer on a board, committee, association, etc. Vice Chair Golf Advisory Board for past 8 years Do you currently serve on a Village Board? Yes No If yes, which one? Golf Advisory Board Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee Business Advisory Board Environmental Committee 1 Golf Advisory Board Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for Golf Advisory Board, please check if you are a: General Employees Pension Board Police and Fire Pension Board Planning Commission Recreation Advisory Board Waterways Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Golf Member- MGA Member —0— WGA Member Why are you interested in serving on this board? To continue to give back to my Community Signature Date 1/16/2023 ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note; by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 THE VILLAGE OF p FR North Palm Beach Office of the Village Clerk 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906.561- 841-3355 • FAX 561-881-7469 www.village-ngb.org • nobclerkCcDvillage-nob.org APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Landon Wells ADDRESS 1120 Country Club Circle North Palm Beach, FL 33408 OCCUPATION Sales HOME PHONE BUSINESS PHONE BUSINESS ADDRESS Proximo Spirits 3 Second Street Suite 1101 Jersey City, NJ 07302 E-MAIL ADDRESS (optional) (wells@proximospirits.com Resume attached? (optional) Yes _ No _ Brief Description of Education/Experience BBA, Business Administration & Management, University of Mississippi, 1997 25yrs in Beverage Alcohol industry 404) 597-8020 Are you a registered voter? Yes No Do you live here year-round or seasonally? ' 6-9— How long have you lived in North Palm Beach? 7+yrs Please list any current or prior experience as a volunteer on a board, committee, association, etc. 4yrs of service on Golf Advisory Board (May 2019 - current) Do you currently serve on a Village Board? Yes No If yes, which one? Golf Advisory Board Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee Business Advisory Board Environmental Committee Golf Advisory Board Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for Golf Advisory Board, please check if you are a General Employees Pension Board Police and Fire Pension Board Planning Commission * Recreation Advisory Board Waterways Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Golf Member MGA Member WGA Member Why are you interested in serving on this board? Continue improving the club, especially accessibility for new residents to the Vil Signature Date _ ALL MARS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 THE VILLAGE OF North Palm Beach PA 11, Office of the Village Clerk 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906.561-841-3355 • FAX 561-881-7469 www.village-npb.org . npbclerk(q).villape-npb.oro APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Catherine (Cathy) Graham HOME PHONE ADDRESS 508 Fairwind Drive, North Palm Beach, FL 33408 561-818-7593 OCCUPATION Paralegal BUSINESS PHONE 561-655-4060 BUSINESS ADDRESS Murphy Reid, LLP, 11300 U.S. Highway One, NPB 33408 E-MAIL ADDRESS (optional) cag2820@gmail.com Resume attached? (optional) Yes No Brief Description of Education/Experience Paralegal for 50 years. Are you a registered voter? Yes No Do you live here year-round or seasonally? How long have you lived in North Palm Beach? 26 years Please list any current or prior experience as a volunteer on a board, committee, association, etc. President of the Friends of the North Palm Beach Library, Pantry Manager for St. Ignatius, Co -Director for St. Ignatius Vacation Bible Camp, Support Our Troops Do you currently serve on a Village Board? Yes No If yes, which one? Sur tax Committee Please it dcate the board or coi r n ittee on which you wish to serve. if more than orre, number for pimfemnce, With first choice being #1. Audit Committee General Employees Pension Board Business Advisory Board Police and Fire Pension Board Environmental Committee Planning Commission . Golf Advisory Board Recreation Advisory Board X Infrastructure Surtax Oversight Committee Waterways Board Library Advisory Board * FlsrocnBoard nwbersa7dRannlrVComrissionmcrr as rrt& No a firrrted Rrk7aal Dsdoscre &aterra3hAitl in 33 days cf ntrred and ar i dly 8raeafta: Colact the Oaks Office fornureInfo mflon. Applicants for Golf Advisory Board, please check if you are a: Golf Member MGA Member WGA Member Why are you interested in serving on this board? I have been serving on this Committee since its inception and would like to continue to serve on it. Signature Date January 17, 2023 ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note. by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. k(t C f rev 20190318 ilfa f irf THE VILLAGE OF JANd North Palm Beach Office of the Village Clerk f501U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 3340 3-4906.561-841-3355 • FAX•561-881-7469 IVB www.villaae-nob.ora • nobclerk<cDvillaae-nob.orq APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE 1 NAME / I r- r\ r -ca ` tis HOME PHONE ADDRESS `[L l 'I I C\ OCCUPATION C oV 56 p " / 'n BUSINESS PHONE MP 3 C BUSINESS ADDRESS v r 6Y t r ' / E-MAIL ADDRESS (optional) Resume attached? Are you a registered voter? Yes te No Do you live here year -roundel or seasonally? How long have you lived in North Palm Beach? 5 t n ( o Please list any current or prior a perlence as a volunteer on a board, committee, association, etc. L,or, Gi l Par I rh1G4 `'l-1 PaiL, Do you currently serve on a Village Board? Yes No If yes, which one? L, -n \ r6 at r4 Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee business Advisory Board Environmental Committee olf Advisory Board Infrastructure Surtax Oversight Committee Library Advisory Board General Employees Pension Board Police and Fire Pension Board Planning Commission * Recreation Advisory Board Waterways Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days o/appointment and annually thereafter Contact the Clerk's Office for more information. Applicants for Golf Advisory Board, please check if you ar a: Golf Member MGA Member WGA Member _ Whyare you i iterested in serving on this board? 0YgfV- pF, D (L Er Cure- o 1 e•J e %i l Signature2L Date 123 [3 ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 THE VILLAGE OF L4 . North Palm Beach w Office of the Village ClerkxyRnLMOv 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906.561-841-3355 • FAX 561- 881-7469 www.village-npb.org • npbderk(a)village-npb.orq APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Mary Phillips ADDRESS 525 Ebbtide Drive NPB 33408 OCCUPATION Healthcare Financial Consultant BUSINESS ADDRESS same E-MAIL ADDRESS (optional) MPhilli525@gmail.com HOME PHONE 5618818967 BUSINESS PHONE 7722144860 A'me attached? (optional) Yes 0 No Brief Description of Education/Experience I have worked in the Healthcare Analytics industry since 1984, processing, auditing and advising on the collection of financial, statistical, medical and demographic data for not for profit Hospital clients on the vendor side, as,a hospital employee and as a consultant Are you a registered voter? Yes No Do you live here year-round or seasonally? 6-9 How long have you fived in North Palm Beach? since 1991 Please list any current or prior experience as a volunteer on a board, committee, association, etc. currently serve on the Environmental Committee and the Infrastructure Surtax Oversight Committ( Also serve as Secretary of the Friends of t e NPB Library Board Do you currently serve on a Village Board? Yes lL 0 No If yes, which one? see above Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee Business Advisory Board Environmental Committee Golf Advisory Board 2 Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for Golf Advisory Board, please check if you are a General Employees Pension Board Police and Fire Pension Board Planning Commission * Recreation Advisory Board Waterways Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Golf Member 0 MGA Member D— WGA Member Why are you interested in serving on this board? both boards are important to the day to day operation of NPB I'd like to assist in both collecting and disseminating operational information to fellow residents Signature Date/ 2` ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 MARY PHILLIPS 525 Ebbtide Drive North Palm Beach, Florida 33408-4818 561.881.8967 To: Mayor Searcy, Vice Mayor Norris, Council Members Aubrey, Bickel and Mullinix Re: Appointment to Village Committee 2023 I have very much enjoyed serving on the Environmental Committee and the Infrastructure Surtax Oversight Committee, and would like to continue serving on each committee for another term. I feel that both committees share a commitment to guiding efficient and responsible growth in our Village. My personal commitment is especially to be a voice for the parks and green spaces. It is important to me to hear the concerns of my fellow residents, take that feedback to the committees, and be able to deliver reliable information back to the community. I strive to make sure that the residents know that the Village is addressing their concerns, and it has been really fun to be a part of sharing the good news of the initiatives that bring the sense of community that makes NPB such a great place to live. Thank you for the opportunity to serve on these committees, and for the service that you provide to our Village. Mary Phillips Jan. 29, 2023 THE VILLAGE OF North Palm Beach Village Clerk Office of the Village Clerk JAN 19 2023 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906.561- 841-3355 • FAX 561-881-7469 www.village-npb.orq • npbderkCa village-npb.orq Received APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Patty Sullivan ADDRESS 520 FairWind Drive OCCUPATION Retired BUSINESS ADDRESS HOME PHONE 561 676-8897 BUSINESS PHONE E-MAIL ADDRESS (optional) sun364fIOWer@aol.com Resume attached? (optional) Yes _ 0 No Brief Description of Education/Experience Are you a registered voter? Yes 6-9NoDoyoulivehereyear-round or seasonally? How long have you lived in North Palm Beach? 20 years Please list any current or prior experience as a volunteer on a board, committee, association, etc. Infrastructure Surtax Oversight Committee, Library Advisory Board Do you currently serve on a Village Board? Yes No If yes, which one? Infrasturcture Surtax Oversight Committee Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1 Audit Committee Business Advisory Board Environmental Committee Golf Advisory Board XX Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for Golf Advisory Board, please check if you are a Why are you interested in serving on this board? Signature General Employees Pension Board Police and Fire Pension Board Planning Commission Recreation Advisory Board Waterways Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Golf Member a MGA Member D— WGA Member i LL Hr.- E i'l-O-;C t1.T-ZJ Date 1 fp2 1 ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public. record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 THE VILLAGE OF UNorth Palm Beach Office of the Village Clerk 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906. 561-841-3355 • FAX 561-881-7469 www.villaae-mb.om . nnbderk(ftillane-mb.ora APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME AV#-V1'AA 56133 02— q _ l,, p Q HOME PHONE ADDRESS _ Z l G p / /`- U 1 1 V N p I F L -? 3 LAO g OCCUPATION BUSINESS PHONE 15b ` 7 2- 7 0 1 BUSINESS ADDRESS 25 LA s 1 2,l S -D Tv Rb 6'9 E-MAIL ADDRESS (optional) a d l_ o VQ k --I d- n I L Resume attached? (optional) Yes _ No Brief Description of Education/Experience Uo---vzv -0--b -6,o (n —4)1 c-t v-Sat c6o ( 64 L&w wl ye L &A ---ryvx a-yi U vt4 v.Q v5N.41 G (Qjz (5, v•r Q I 8c IM.' do d lQ Sc.Gt.r a ( `f er G,,v,.e- Are you a registered voter? Yes No Do you live here year-round or seasonally? How long have you lived in North Palm Beach? L'OL'A"O.5, 1 ur6-9 Please list any current or prior experience as a volunteer on a board, committee, association, etc. G&Cyy' 6tvV 1,4p-tvci -AAV(S6"y-joa,1-pf . :90a'rd ax )Ir?-dYS v V U or the eey GUA- vS C -Mvacy COL," Cp —Ck r r ,C o-'l twA Do you currently serve on a Vi lage Board? Yes No If yes, which one? L16Vav y 4VrorN RoctV4 Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee General Employees Pension Board Business Advisory Board Police and Fire Pension Board " Environmental Committee Planning Commission * Golf Advisory Board Recreation Advisory Board Infrastructure Surtax Oversight Committee Waterways Board Library Advisory Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereaftep Contact the Clerks Office for more information. Applicants for Golf Advisory Board, please check if you are a: Golf Member MGA Member WGA Member Why are you interested in serving on this board? _:: WOL4A 4o C YLj'` e —fO SL,12-PeT Signature a u, r Li 6 U1.2q - 2-2DateJ ALL MEMBERS "LLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. Pev 2019-03-18 THE VILLAGE OF JAN 2 7 -'821 North Palm Beach ryP2. Office of the Village Clerk teo501U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906 • 561- 841-3355 • FAX 561-881-7469 EAe www.villaae-npb.org • npbclerk(cbvillaoe-npb.orct APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Christine Hopkins DelGuzzi ADDRESS 728 Anchorage Dr., North Palm Beach, FL 33408 OCCUPATION Director of Grants 561-264-0727 HOME PHONE BUSINESS PHONE 561-683-2700 BUSINESS ADDRESS 800 Northpoint Parkway, Suite 101-B, West Palm Beach, FL 33407 E-MAIL ADDRESS (optional) delguzzi@bellsouth.net Resume attached? (optional) Yes No Brief Description of Education/Experience See attached resume Are you a registered voter? Yes No Do you live here year-round or seasonally?- How long have you lived in North Palm Beach? Since 1978 Please list any current or prior experience as a volunteer on a board, committee, association, etc. Currently serve on the Library Advisory Board Do you currently serve on a Village Board? Yes No If yes, which one? Library Advisory Board Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee General Employees Pension Board Business Advisory Board Police and Fire Pension Board Environmental Committee Planning Commission Golf Advisory Board Recreation Advisory Board Infrastructure Surtax Oversight Committee Waterways Board X Library Advisory Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Applicants for Golf Advisory Board, please check if you are a: Golf Member —0— MGA Member WGA Member Why are you interested in serving on this board? I am currently serving on this Board, and would like to continue. Signature /+rte !C -C / _Z7Z/ZZt. Date 01/10/2023 ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO., Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 Christine .Hopkins DelGuzzi 728 Anchorage Dr., North Palm Beach, FL 33408 (561) 254-0727 linkedin.com/in/`christine-delguzzi-northpaltnbeach delguzzi@bellsouth.net. PROFESSIONAL SUMMARY Versatile professional adept at managing multiple projects, providing excellent executive support, and streamlining office operations for major productivity gains. Expert in producing professionally written communications, crafting high -impact presentations, and building client/vendor databases. Strong self-starter with multilevel capabilities, professionalism, solid work ethic, and high degree of confidentiality. AREAS OF EXPERTISE Microsoft Office Business communications Social media platforms Event coordination QuickBooks • Photography and Photoshop WordPress • Working knowledge of Spanish Google Analytics • Notary Public EXPERIENCE Alzheimer's Community Care, West Palm Beach, FL, West Palm Beach, FL Mar. 2018 — Present Executive Assistant to the President & CEO Primary point of contact for all internal and external engagement with the CEO. Prioritize communications, meetings, calendar and projects for Executive Office. Review and revise all written communications, presentations, and correspondence produced by Executive Office. Liaise with Board of Directors to coordinate meetings, produce all meeting -related information including agenda and recording of minutes, and maintain documentation for regulatory compliance. Work as a team with organization's leadership on legislative advocacy campaigns, fundraising and educational events. Attend Chamber meetings and various functions on behalf of the organization. Responsible for supervision of Administrative Assistant and training of departmental assistants. Personal Assistant responsibilities for CEO of maintaining expense and mileage records, making travel arrangements and event preparations, ordering gifts, and other tasks as needed. Economic Council of Palm Beach County, Inc., West Palm Beach, FL 2014 — Feb. 2018 Office Manager & Executive Assistant Assistant to President & CEO and Chief Strategy Officer of highly influential business council. Responsible for meeting coordination, executive communications, internal. and external documents, and system of electronic and physical documentation filing. Managed complex calendar schedule of meetings, appointments, and travel itineraries. Administrated all social media platforms, corporate website and maintained multiple member databases. Handled financial transactions for receivables via account establishment, payment deposits and reporting; facilitated payables and member billing. Prepared agendas, PowerPoint presentations and support logistics for all meetings, events and projects. Liaised with members, elected officials and staff, vendors, and contractors as primary point of contact. Attended and recorded minutes for membership and committee meetings. CTC International Group, Inc., West Palm Beach, FL Director of Digital Communications 2016-2017 Implemented social media strategies and tools. Monitored the Internet for related topics to produce industry - relevant posts. Created lead generation through core audience targeting. Maintained and updated WordPress website. Guided development of corporate logo and branding. BrakeSmart Inc., Lake Park, FL 1998-2015 Managing Partner Managed administrative aspects of a start-up business, from preparation of business plan through to present. Procured industry permits, ensured environmental compliance, negotiated rent and property purchase, monitored sales to COGS ratio, handled workers` compensation and insurance audits. Responsible for advertising, corporate correspondence, payroll, accounting, state tax filings, federal tax preparations, and. financial management. International Bonded Couriers, Inc., Miami, FL 1988-2005 Audit Reviewer 2001 -2005 Audited performance of delivery agents for primary client base. Advised reviews to upper level management, and suggested performance improvements to management and agents. Caribbean Coordinator 1999-2001 Monitored Caribbean stations' delivery performance, personnel administration and office management. Traveled to offshore locations to assist and guide local delivery agents as needed. Quality Assurance Manager, European Liaison 1994-2005 Managed audits for largest corporate account. Reviewed procedures with staff to ensure on-time delivery and reporting of information. Met annually with European agents to discuss service concerns and industry improvements. Customer Service Manager 1991 -1994 Serviced priority accounts and delivery agents to ensure quality performance. Managed staff of 12 customer service and 5 data entry employees. Account Executive 1988-1991 Generated new account activity through incoming and self -provided sales leads. Serviced accounts with materials and shipment information. Handled collections for personal accounts. Computed weekly costs and revenues. COMMUNITY INVOLVEMENT Big Dog Ranch Rescue, Wellington, FL 2012- Present Volunteer Work as photographer and photographer assistant, assist with creative event planning and special projects, promote the Ranch through adoption and fundraising events, represent the Ranch via home visits, and foster dogs until adopted. North Palm Beach Library Advisory Board, North Palm Beach, FL 2010- Present Chairperson Direct Advisory Board meetings in accordance with required standards. Secretary Recorded and transcribed minutes of Advisory Board meetings. EDUCATION Master of International Business, Florida International University, 1994. Bachelor of Arts in International Business, Florida Atlantic University, 1985. Associate of Arts in Business, Palm Beach Junior College, 1983. CERTIFICATIONS Google Analytics, 2019 • Diversity, Equity and Inclusion in the Nonprofits Essentials, 2022 Workplace, 2022 Grant Seeking Essentials, 2022 THE VILLAGE OF North Palm Beach Office of the Village Clerk Pq''v'e 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 334084906 •561- 841-3355 • FAX 561-881-7469 www.villaae-nob.ora • nobclerkAvillaae-nob.om APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Bonnie Jenkins HOME PHONE 561-704-9749 ADDRESS 213 Mariner Ct, North Palm Beach, FL 33408 OCCUPATION 9-1-1 Public Safety Telecommunications BUSINESS PHONE 561-712-6485 BUSINESSADDREss 20 S. Military Trail, West Palm Beach, FL 33415 E-MAIL ADDRESS (optional) bonniejenkins@live.com Resume attached? (optional) Yes 0 No 0 Brief Description of Education/Experience I have a BA in Criminal Justice and over 40 years in Law EnforcemenVPublic Safety Telecommunications. Are you a registered voter? Yes —0— No 0 Do you live here year-round 0 or seasonally? 6- 9 How long have you lived in North Palm Beach? 14 years Please list any current or prior experience as a volunteer on a board, committee, association, etc. Appointed to Library Board 2013; served as Board Secretary since 2014. Do you currently serve on a Village Board? Yes _e_ No 0 If yes, which one? LAB Please indicate the board or committee on which you wish to serve. if more than one, number for preference, with first choice being #1. Audit Committee Business Advisory Board Environmental Committee Golf Advisory Board Infrastructure Surtax Oversight Committee XX Library Advisory Board Applicants for Golf Advisory Board, please check if you are a: Why are you intere4red in serving on this board? Signature General Employees Pension Board Police and Fire Pension Board ` Planning Commission ` Recreation Advisory Board Waterways Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Ckvk's Office for more information. Golf Member 0 MGA Member WGA Member Date I L-1 ,;)--0 ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 THE VILLAGE OF North Palm Beach Village Clerk x Office of the Village Clerk JAN 19 2023 pncMO 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906. 561-841-3355 • FAX 561- 881-7469 www.villaae-ni)b.ora • npbclerk(a)villaae-npb.ora Received APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME r 14 V Z L I HOME PHONE Q -'-Q,0 6 ADDRESS --1/ -7 5 bij D P I Per uJ A y OCCUPATION 92 1`1 Y --e cif 7; ! -.c-e- e Ir BU BUSINE-S-S-ADDRESF E-MAIL ADDRESS (optional) o wi s siue rP cLL-> Ne C - Resume attached? (optional) Yes No Brief Description of Education/Experience Are you a registered voter? Yes No Do you live here year-round or seasonally? 6_9 How long have you lived in North Palm Beach? Please list any current or prior experience as a volunteer on a board, committee, association, etc. 0 V L t (3 C Ger y N ac`. - c Do you currently serve on a Village Board? Yes - No If yes, which one? / l ; rca V, Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being A. Audit Committee Business Advisory Board Environmental Committee Golf Advisory Board Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for Golf Advisory Board, please check if you are a Why are you interested in serving on this board? General Employees Pension Board Police and Fire Pension Board Planning Commission * Recreation Advisory Board Waterways Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more Information. Golf Member Q MGA Member D- WGA Member Signature % tJ Date j e) a u 3 ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 THE VILLAGE OF r North Palm Beach x -" - Office of the Village Clerk yA1u e'. 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906. 561-841-3355. FAX 561-881-7469 www.village-npb.orq . npbclerk(d),village-npb.orq APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Cory S. Cross ADDRESS 2560 Pepperwood Cir. S. OCCUPATION Architect BUSINESS ADDRESS Cory S. Cross, Architect E-MAIL ADDRESS (optional) coryscross@bellsouth.net 561-694-0646 HOME PHONE BUSINESS PHONE 561- 281-0960 Resume attached? (optional) Yes _ No Brief Description of Education/Experience Are you a registered voter? Yes _V1 No How long have you lived in North Palm Beach? Do you live here year-round 29 years Please list any current or prior experience as a volunteer on a board, committee, association, etc. Planning commission Do you currently serve on a Village Board? Yes No If yes, which one? or seasonally? Q 6-9 Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1, Audit Committee General Employees Pension Board Business Advisory Board Police and Fire Pension Board r Environmental Committee X Planning Commission Golf Advisory Board Recreation Advisory Board Infrastructure Surtax Oversight Committee Waterways Board Library Advisory Board x Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Applicants for Golf Advisory Board, please check if you are a: Golf Member a MGA Member WGA Member Why are you interested in serving on thig,board? Signature Date 1/9/2023 ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 rev 2019-03-18 THE VILLAGE OF North Palm Beach Office of the Village Clerk 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FLORIDA 33408-4906 561-841-3355 FAX 561-881-7469 www.village-npb.org npbclerk@village-npb.org APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME HOME PHONE ADDRESS OCCUPATION BUSINESS PHONE BUSINESS ADDRESS E-MAIL ADDRESS (optional) Resume attached? (optional) Yes No Brief Description of Education/Experience Are you a registered voter? Yes No Do you live here year-round or seasonally? How long have you lived in North Palm Beach? Please list any current or prior experience as a volunteer on a board, committee, association, etc. Do you currently serve on a Village Board? Yes No If yes, which one? Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee General Employees Pension Board * Business Advisory Board Police and Fire Pension Board * Environmental Committee Planning Commission * Golf Advisory Board Recreation Advisory Board Infrastructure Surtax Oversight Committee Waterways Board Library Advisory Board *Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk’s Office for more information. Applicants for Golf Advisory Board, please check if you are a: Golf Member MGA Member WGA Member Why are you interested in serving on this board? Signature Date ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public- records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk’s office when submitting this form. THE VILLAGE OF y"'"F North Palm Beach yA' Office of the Village Clerk yPA-Lb O 501 U.S. HIGHWAY ONE • NORTH PALM BEACH, FLORIDA 33408-4906. 561-841-3355 • FAX 561- 881-7469 a www.village-npb.org . npbclerk()village-npb.orq APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME Jonathan Haigh ADDRESS 401 Flotilla Road OCCUPATION Landscape Architect BUSINESS ADDRESS 1920 Wekiva Way, West Palm Beach, FL 33411 561.951.0626 HOME PHONE BUSINESS PHONE 561.84.50665 E-MAIL ADDRESS (optional) jhaighasla@gmail.com Resume attached? (optional) Yes _ No Brief Description of Education/Experience I am a Senior Landscape Architect with Kimley-Horn, a multi -disciplinary consulting firm. I have been a practicing professional landscape architect for more than 27 years, with experience on a variety of project types from commercial to streetscape design and parks and recreation design and planning. I am a licensed landscape architect in Florida #LA6666795 Are you a registered voter? Yes No Do you live here year-round or seasonally? 6-9 How long have you lived in North Palm Beach? 15 years Please list any current or prior experience as a volunteer on a board, committee, association, etc. Past President, Florida Chapter of the American Society of Landscape Architects Do you currently serve on a Village Board? Yes No If yes, which one? Planning Commission Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee Business Advisory Board Environmental Committee Golf Advisory Board Infrastructure Surtax Oversight Committee Library Advisory Board Applicants for Golf Advisory Board, please check if you are a General Employees Pension Board Police and Fire Pension Board x Planning Commission * Recreation Advisory Board Waterways Board Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk's Office for more information. Golf Member a MGA Member WGA Member Why are you interested in serving on this board? I have enjoyed serving the Village on the Planning Commission since 2017. I feel it is important that a lands ape architect is represented on the Planning Commission, and I am happy to serve as such. f/4 1.9.23SignatureDate 1lp ALL MEMB'1ERS OF? ILLA E ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public - records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk's office when submitting this form. rev 2019-03-18 rev 2019-03-18 THE VILLAGE OF North Palm Beach Office of the Village Clerk 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FLORIDA 33408-4906 561-841-3355 FAX 561-881-7469 www.village-npb.org npbclerk@village-npb.org APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME HOME PHONE ADDRESS OCCUPATION BUSINESS PHONE BUSINESS ADDRESS E-MAIL ADDRESS (optional) Resume attached? (optional) Yes No Brief Description of Education/Experience Are you a registered voter? Yes No Do you live here year-round or seasonally? How long have you lived in North Palm Beach? Please list any current or prior experience as a volunteer on a board, committee, association, etc. Do you currently serve on a Village Board? Yes No If yes, which one? Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. Audit Committee General Employees Pension Board * Business Advisory Board Police and Fire Pension Board * Environmental Committee Planning Commission * Golf Advisory Board Recreation Advisory Board Infrastructure Surtax Oversight Committee Waterways Board Library Advisory Board *Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk’s Office for more information. Applicants for Golf Advisory Board, please check if you are a: Golf Member MGA Member WGA Member Why are you interested in serving on this board? Signature Date ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public- records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk’s office when submitting this form. SCOTT B HICKS, P.E. OVERVIEW Mr. Hicks is a Senior Coastal Engineer, responsible for managing and executing port development, coastal protection, dredging and navigation projects. Mr. Hicks works with both public and private clients where he brings over twenty years of professional experience of project management, analysis and design, project permitting and construction administration for projects on the U.S. East, West and Gulf Coasts, as well as numerous international locations. Mr. Hicks’ specific technical experience includes: SPECIFIC TECHNICAL EXPERIENCE Marine Terminal Design – Design of mooring and berthing facilities for large vessels and ships including oil tankers, bulk and container carriers and cruise ships. Evaluation of vessel fleet dimension statistics to determine design vessels, conducting static and dynamic mooring analyses for wind, wave and current loading, conducting mooring analysis for passing deep draft vessels. Design and layout of mooring and breasting dolphin structures and fenders. Shore Protection Design - Design of shore protection structures such as bulkheads, revetments, breakwaters and groins as well as containment and protection levee design for wave exposure, riverine currents, passing vessel wakes and vessel thrusters. Designs have included use of sheetpile wall riprap, marine mattresses and geosynthetic tubes and bags. Dredging and Dredged Material Disposal – Design of dredging work for variety of project needs. Dredge template design, including dredge slope estimation, overdepth requirements, contaminated sediment testing and disposal. Evaluation of dredging construction methodologies and detailed cost estimating. Design of confined and open water dredged material disposal facilities. Coastal Engineering Analysis – Modeling study and analysis, including wave transformation; wind induced waves; passing vessel forces, vessel prop wash and thruster assessments, wave-current- sediment interaction; cross-shore and long-shore sediment transport; storm surge analysis and coastal morphology Beach Nourishment – Design of beach nourishment projects including borrow area site identification, beach fill plan and template design, dredge methodology, dredging cost estimates and permit application coordination. Hydrographic Surveying and Oceanographic Instrument Deployment – Scoping, mobilization/ demobilization, implementation and processing of high resolution multibeam hydrographic surveys. Setup, deployment, recovery and processing of data from oceanographic data instruments such as Acoustic Doppler Current Profilers (ADCP’s) and Acoustic Doppler Velocimeters (ADV’s). EDUCATION B.S. Ocean Engineering University of Rhode Island, 1997 REGISTRATIONS Professional Engineer: Texas No. 117393 Florida No. 64220 Washington No. 40306 BOARD AND COMMITTEE EXPERIENCE ASCE/COPRI Ports and Harbors Group, Sea Level Change Committee Chair, 2017-present Town of Palm Beach Shore Protection Board, 2009-2010 Village of North Palm Beach Planning Commission, 2010-2012 Village of North Palm Beach Waterways Board, 2004-2010 (Chair 2008-2010) SELECTED PAST PROJECT EXPERIENCE Project: Anchorage Park Recreation Piers - North Palm Beach, FL Client: Village of North Palm Beach The Anchorage Park Recreation piers consisted of the design of two new recreational piers to be constructed along the south shore Anchorage Park, along the Earman River (C-17 Canal) in the Village of North Palm beach. As project manager, Mr. Hicks coordinated with Village staff to determine the desired pier locations and dimensions, developed the design criteria in accordance with applicable building codes and designed the fishing pier structures. Mr. Hicks was also responsible for the construction management services during the pier construction. Project and Client: Jupiter Inlet District - Jupiter, FL Project Manager for a general services contract for the Jupiter Inlet District. Responsible for the development and presentation of engineering recommendations for various projects within the Jupiter Inlet District management area, which includes the Jupiter Inlet and the Lower Loxahatchee River basin and embayment. Work included the preparation of monthly engineering reports summarizing the status of projects, presenting project summaries as the District Engineer at the JID public meetings, conducting monthly jetty and navigational aid inspections, designing coastal engineering and waterfront features, preparing construction bid documents, and providing construction management services. Project: Jupiter Inlet Sand Trap Dredging - Jupiter, FL Client: Jupiter Inlet District Project required the dredging of the Jupiter Inlet Sand Trap and beach nourishment of the region south of the inlet, along the downdrift beaches. The sand trap functions as a centralized location for sediment to collect within the inlet and has been dredged on an annual or bi-annual basis for over 60 years. Mr. Hicks served as Project Manager and was responsible for the design of the specific details of the project, including developing dredging volumes, designing beach fill plan and cross sections, coordination with state and federal agencies as well as bidding and construction management services. Project: Jupiter Inlet Jetty Renovation Project - Jupiter, FL Client: Jupiter Inlet District Mr. Hicks was Project Manager of a jetty renovation project at the Jupiter Inlet. The project consisted of placing nearly 7500 tons of granite armor stone for the purpose of rehabilitating the jetties stabilizing the inlet. Mr. Hicks finalized the design and developed the required project technical specifications and bid documents for construction. Project: C-18 Canal and Loxahatchee River South Channel Dredging Project - Jupiter, FL Client: Jupiter Inlet Navigation District Mr. Hicks was Project Manager for a channel dredging project along the south shore of the Loxahatchee River main embayment and the C-18 canal. Mr. Hicks evaluated the most cost effective and permit-able dredging and dredge material disposal alternatives to achieve both navigational and environmental improvements in C-18 Canal and Lower Loxahatchee River. Project included the layout of nearly 3 miles of channel through an environmentally sensitive areas and the removal of large quantities of accumulated muck from the C-18 Canal and the Southwest Fork. Mr. Hicks designed the dredge prism, channel alignment as well as the sand and muck disposal plan and coordinated the completion of the applicable permit processes with the respective state and federal agencies. Castaway Cay Storm Surge Analysis – The Bahamas Castaway Cay is an island cruise destination located in the Bahamas. The development on the island includes a cruise pier as well as upland guest and staff facilities. Due to the risk of storm surge inundation during hurricane and tropical storms, a storm surge study was conducted to quantify the magnitude and frequency of flooding events during extreme storms. As Project Manager, Mr. Hicks lead the storm surge analysis, which included regional and local wave and circulation modeling to develop a storm surge assessment for a range of potential storm conditions. Project: Texas Coastal Infrastructure Resiliency Study – Texas Coast Client: Texas General Land Office The objective of the Texas Coastal Resiliency Project to conduct an assessment of critical infrastructure within the 25 coastal counties along the Texas Gulf Coast with the goal of developing a list of projects prioritized for their impact in reducing risk and improving resiliency. As senior coastal engineer and co- project manager, Mr. Hicks developed a methodology that provides an approach for integrating the extensive infrastructure and coastal hazard data collected for the project area with the local knowledge and expertise of the stakeholder communities. This study is on-going and will continue until early 2016. Project: Rockport Beach Park Beach Renourishment Project – Rockport, TX Client: Texas General Land Office Rockport Beach Park, located in Aransas County, Texas is a major recreational destination and the State of Texas’s first EPA approved Blue Wave Beach. The beach was previously nourished in 2004 and since has suffered significant erosion. The renourishment project consisted of the design of new beach fill to supplement the existing sediment supply along the park. As project manager, Mr. Hicks developed and managed the analysis of the existing conditions and assessment of the coastal processes driving the erosion and loss of sediment. A beach fill design was then developed that would renourish the beach while staying within the allowable project budget. The project was constructed in 2015. Project: Rybovich Megayacht Facility Vessel Lift and Navigation Project - Riviera Beach, FL Client: Rybovich Marine The existing Rybovich megayacht facility underwent an expansion to allow larger yacht vessels to call on the growing repair and maintenance yard. The work included the installation of a new vessel lift and design of a deeper and wider navigation access channel located in an area of complex hydrodynamics near Lake Worth Inlet and adjacent to the Port of Palm Beach. As Project Manager, Mr. Hicks was responsible for the preliminary level design and extensive hydrodynamic analyses, including wave transformation and 2D and 3D circulation modeling to aid in the development of the design criteria for the vessel lift and navigation channel. Analysis work also included evaluation of probable sedimentation rates by use of both empirical methods and Langrangian particle tracking numerical models. In addition to the preliminary design, the work also included development of permit applications and agency coordination with the US Army Corps of Engineers and the Florida Department of Environmental Protection. Project: G&G Marine Terminal – Dania Beach, FL Client: Seacor Marine G&G Shipping maintains a marine terminal adjacent to Port Everglades for the import and export of products from the Caribbean as well as Central and South America. Project consisted of condition assessment of a failing bulkhead and design of a replacement structure capable of withstanding the loading requirements of the facilities cargo operations. As Project Manager, Mr. Hicks conducted a detailed condition assessment of the failing wall and managed the design of a replacement structure. Mr. Hicks also managed the engineering design and state and federal permitting of the vessel berth dredging and dredged material disposal at the facility to match future proposed dredging of the existing access channel Dania Cut-Off Canal). Project: Hat Island Marina Expansion Project – Hat Island, WA Client: Community of Hat Island The Hat Island Community desired to expand its existing marina facility and construct improvements to the entrance breakwaters to reduce wave heights within the marina during storm events. As Project Engineer, Mr. Hicks designed the improvements to the existing portion of the facility, including repairs to the marina bulkhead, stone breakwater, access channel dredging and the new breakwater structure to dampen waves progressing into the marina basin. Mr. Hicks also designed the marina expansion including the design of necessary the dredging and dredge material disposal, new boat ramp, stone breakwater structures, new bulkhead and marina float layout and design. The project was constructed in 2012. Project: South Lake Worth Inlet Sand Transfer Plant Performance Evaluation Client: Palm Beach County Department of Environmental Resources Management The South Lake Worth Inlet Sand Transfer plant was constructed in 1937 and was the first fixed sand transfer plant in the world. The plant functions as a fixed hydraulic dredge to assist in the bypassing of sediment from the north to the south side of South Lake Worth Inlet. In 2011, a new plant has recently been constructed to replace the previous facility and was completed in early 2011 along with upgrades and improvements to both the south and north jetties. Mr. Hicks was Project Manager responsible for coordination the data collection and analysis to determine the estimated production rates for the new plant. Project: Bioengineered Oyster Reef Demonstration Project - Cameron Parish, LA Client: Louisiana Office of Coastal Protection and Restoration Authority Significant portions of the Louisiana coast are experiencing extraordinarily high rates of erosion, threatening the loss of critical coastal wetlands. In order to combat this problem, the LA Office of Coastal Protection and Restoration (OCPR) initiated a series of demonstration projects to evaluate innovative designs for shore protection. Mr. Hicks was the lead design engineer for this project which consisted of new detached breakwaters fabricated from light weight, interlocking concrete rings. The concrete rings were constructed with a proprietary concrete mix developed to encourage oyster growth on the structure to create living shoreline breakwater structure. Mr. Hicks led the preliminary and final engineering design including a critical evaluation of the structural strength of the rings under wave load, geotechnical assessments in the very soft nearshore soils as well as anticipated shoreline response and resulting coastal protection benefits. The project was constructed in 2012. Village Clea. JAN 12 2023 THE VILLAGE Cf Y North Palm Beach Receive(.) Office J Ilr_ Village Clerk 111 ii.S!•I:.Hf;AY Uft•MJkl1HN/1-t15Eu:H.fL+.PoCU SHLCIJUI'a'ni •< '-;ya,. Ff{S•1. IAN APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE PL4ME _ !..I'f _____ _ HOME PHONE 60 ilCS;UPATION T%,Ei BUSINESS PHONE UUSINESSADL*tLSS - EAIAlL AUDRESS lufrricall ` 'V oo CS?%.V a / d J> Resume olfaction? Polef it1 YeBriefs L!lico 4 Iry/5%iT'rP X6.3 fun YOU a registered volerl Yes M No Lbyvub.IaMm ydar-round cis arxcrwYly-! 1.-L- How long hart fcti land in Win Palm HaachY Jr Ficase list any current a prior cAporienco as a vNunleer on a board, coww1flee, assarlalmn, ex. T /''7WO /1/1 ca% On YOU aunenRr serNe cn a'LNgo board, Yes NO 11 yns, which em" % i / li PkJMe iIId1C31B Ute bsatd dP Cims'llhae en WFIGII yCd WIfII Ie S4fl. Il RYd E glfrl Oefl numb[f I6r pfPkhefk, WiV10r41 tllol(x being F1. full CaTi mcr_o lief -oral Empioyre. Pension Board' etainnss Ad oroq Board PGico and We Pension Board' Errmmitrrocnim-:;omrrdleo _ _ anrvng commission' Gc1l Adosoiy Hcard _ _ -_ kocreanon Adws ry @/Aard hastru:Wre Sursi Oo rsvght Ccmmileo lYalerwat, Heard Library AdosorrHeard Pmsk%y &ivdmmuksATO AVRO.pL4.;t; hndVrntdvs nu1.9Y r M ht fxiiwa'Atsrh'nrb Sftimimi a fft Xdrfs urr\tilri,tlnJatn:3lyhtxtitl5r. Cnx4xr1 4rCtrtYO lcr hYtltYrht4muN\L Appkanls Ur Goi' Adosrry Board, pioaso check 1 -,cu are a: Balt Momtxr 0 MGA hsombor —a W11 -k Mamber n At1y are you nioresled in sorotrg on this board? Dale ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETMNCS TRAINING VIDEO. ft,ase Node: by f3oMi au. 14s dicuflent as a pilo t feeLN. 11 }vu do nol cart low emeb Wltfess released In response to a ptC1c- fFltLJ'd4 feauB31, dri nol halide Four erruill a9dfm. Il wir tunio addfe53 ifld phoria durnbet are Ewfol under FIc"a Sllbile4. phase adtlse Iia CArk s oBet mhm submItad flls Itrrf' R•: zuiuut to rev 2019-03-18 THE VILLAGE OF North Palm Beach Office of the Village Clerk 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FLORIDA 33408-4906 561-841-3355 FAX 561-881-7469 www.village-npb.org npbclerk@village-npb.org APPLICATION FOR APPOINTMENT TO VILLAGE BOARD OR COMMITTEE NAME HOME PHONE ADDRESS OCCUPATION BUSINESS PHONE BUSINESS ADDRESS E-MAIL ADDRESS (optional) Resume attached? (optional) Yes No Brief Description of Education/Experience Are you a registered voter? Yes No Doyoulivehereyear-round orseasonally? How long have you lived in North Palm Beach? Please list any current or prior experience as a volunteer on a board, committee, association, etc. Do you currently serve on a Village Board? Yes No If yes, which one? Please indicate the board or committee on which you wish to serve. If more than one, number for preference, with first choice being #1. AuditCommittee GeneralEmployeesPensionBoard * BusinessAdvisoryBoard PoliceandFirePensionBoard * EnvironmentalCommittee PlanningCommission * GolfAdvisoryBoard RecreationAdvisoryBoard InfrastructureSurtaxOversightCommittee Waterways Board LibraryAdvisoryBoard *Pension Board members and Planning Commission members must file a limited Financial Disclosure Statement within 30 days of appointment and annually thereafter. Contact the Clerk’s Office for more information. Applicants for Golf Advisory Board, please check if you are a: Golf Member MGA Member WGA Member Why are you interested in serving on this board? Signature Date ALL MEMBERS OF VILLAGE ADVISORY BOARDS ARE REQUIRED TO COMPLETE ETHICS TRAINING BY READING THE PALM BEACH COUNTY CODE OF ETHICS AND VIEWING THE ETHICS TRAINING VIDEO. Please Note: by Florida law, this document is a public record. If you do not want your email address released in response to a public- records request, do not include your email address. If your home address and phone number are exempt under Florida Statutes, please advise the Clerk’s office when submitting this form. VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: March 9, 2023 SUBJECT: RESOLUTION – Consideration of request from Goren, Cherof, Doody & Ezrol, P.A. for the execution of a new Fee Contract providing for an increased hourly rate. Through the approval of Resolution No. 73-97 on December 11, 1997, the Village Council approved an Agreement for Professional Services with Jim Cherof to perform collective bargaining services on behalf of the Village at a rate of $125.00 per hour. Through the adoption of Resolution No. 61-2003 on November 13, 2003, the Village Council approved a revised Agreement at a rate of $150.00 per hour. The Village recently received a request from Mr. Cherof for approval of a new Attorney-Client Fee Contract at a rate of $250.00 per hour. While the rate has not increased for a period of almost twenty years, I contacted the Goren Cherof firm to see whether the f irm would consider performing its services at a rate of $225.00 per hour or the rate currently paid to my firm for Village Attorney services ($232.00 per hour). I was informed that the Goren Cherof firm has determined that moving forward, it will charge a rate of $250.00 per hour for all work performed for municipalities for which it does not serve as City Attorney. Please note that the Village does have an existing Contract with the Goren Cherof firm executed in 2020 to perform foreclosure work at a rate of $215.00 per hour. Mr. Cherof has been representing the Village in labor matters for over twenty-five years. To that end, I have prepared the attached Resolution approving the new Fee Contract in the event that the Council wishes to proceed with the requested hourly rate. In the event that the Village Council does not wish to approve the new rate, Lara Donlon of my firm could step in as labor counsel for the Village. Ms. Donlon already handles the Village’s human resources matters. Recommendation: Village Staff requests Council consideration of the attached Resolution approving an Attorney- Client Fee Contract with the law firm of Goren, Cherof, Doody & Ezrol, P.A. to provide for a rate increase to $250.00 per hour and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION NO. 2023-___ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FEE CONTRACT WITH THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A. FOR LABOR SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, James Cherof has been serving as the Village’s labor counsel since 1997, and the current hourly rate for these services has remained unchanged since 2003; and WHEREAS, the Village received a request from the law firm of Goren, Cherof, Doody & Ezrol for the execution of a new Fee Contract for labor services at an increased hourly rate; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village. 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 and incorporated herein. Section 2. The Village Council hereby approves an Attorney-Client Fee Contract with the law firm of Goren, Cherof, Doody & Ezrol, P.A., a copy of which is attached hereto and incorporated herein, to continue to act as the Village’s labor counsel and authorizes the Mayor and Village Clerk to execute the Contract on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2023. (Village Seal) MAYOR ATTEST: VILLAGE CLERK {00550939.1 1823-9704441 } ATTORNEY- CLIENT FEE CONTRACT This document (the "Contract") is the written fee contract between Goren, Cherof, Doody & Ezrol, P.A. ("Counsel") and the Village of North Palm Beach Florida (“Client”). 1. CONDITIONS. This Contract will not take effect until a signed copy of this Contract is returned by client to the offices of Goren, Cherof, Doody & Ezrol, P.A. 2. SCOPE OF SERVICES. The Client is hiring the law firm of Goren, Cherof, Doody and Ezrol, P.A., for legal services related to the following matter: Labor contract consultation and negotiations; employee or union grievance and arbitration representation. Specific assignments will be as directed by the Village Manager, Village Attorney or HR/Risk Management Director or their designees. 3. CLIENTS DUTIES. The Client agrees and acknowledges that it has a duty to cooperate with the undersigned Counsel by keeping Counsel informed of operational and fiscal developments relative to employee wages, benefits and conditions of employment. 4. PROFESSIONAL FEES. Charges for professional services will be paid by Client as follows: By t he hour at the rate of $250.00 per hour. Hourly rate work will be accounted for and billed in tenth of an hour components with detail of activity shown on the billing statement. 5. COSTS AND OTHER CHARGES. The law firm may incur various costs and expenses, other than travel, on Client's behalf in performing legal services under this Contract. The Client agrees to pay for those costs and expenses in addition to the hourly fees. The costs and expenses that are billable are limited to:  Messenger and other delivery fees (actual cost)  Excessive (bulk or more than 2 ounce) postage- actual cost  In firm photocopy- $0.35 per page (large projects exceeding 200 pages only)  Outside photocopy- actual cost (large projects only with prior consent of Client)  Offsite storage and retrieval of records retained by Counsel to assure compliance with Florida’s public records laws regarding retention. Client reserves the right to store public records. 2 {00550939.1 1823-9704441 } 6. BILLING STATEMENTS. Periodic statements will be sent for fees and costs incurred. Each statement will be due within forty-five (45) days of its date, pursuant to the Local Government Prompt Payment Act. 7. DISCHARGE, MODIFICATION OF WORK, AND WITHDRAWAL. Counsel serves at the discretion of Client. Client has the right to terminate Counsel’s representation at any time for any reason without prior notice, subject to payment for all services and expenses rendered to the date of termination. The Client may limit or expand the scope of work as Client deems appropriate. The law firm may withdraw representation of Client at its discretion. 8. PUBLIC RECORDS. Counsel shall comply with the applicable provisions of Chapter 119, Florida Statutes. Specifically, Counsel shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the Village in order to perform the service; 2. Upon request from the Village, provide the Village with public records that may be requested from the Village in order to provide the public with access to such public records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the Village, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the Village in a format that is compatible with the information technology systems of the agency. IF COUNSEL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COUNSEL’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, COUNSEL SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: VILLAGE CLERK Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, FL 33408 561-841-7469/ npbclerk@village-npb.org The Village shall have the right to immediately terminate this Contract for the refusal by the Counsel to comply with Chapter 119, Florida Statutes. Counsel shall retain all records 3 {00550939.1 1823-9704441 } associated with this Contract for a period of five (5) years from the date of expiration of this Contract. 9. SCRUTINIZED COMPANIES. This Attorney-Client Fee Contract may be terminated at the option of the Village should Counsel be placed on the State of Florida “Scrutinized Companies That Boycott Israel List.” 10. E-VERIFY. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, Counsel shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Counsel shall register for and utilize the U.S. Department of Homeland Security’s E -Verify System to verify the employment eligibility of: All persons employed by Counsel to perform employment duties within Florida during the term of the contract; and 14.2 All persons (including subconsultants/subcontractors) assigned by Counsel to perform work pursuant to the contract with the Village. Counsel acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the Village; and 14.3 Counsel shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Counsel shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Counsel shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. 4 {00550939.1 1823-9704441 } 11. EFFECTIVE DATE. This Contract will take effect once signed by both parties. GOREN, CHEROF, DOODY & EZROL, P.A. Date: ___________________ By:___________________________ Shareholder VILLAGE OF NORTH PALM BEACH, FLORIDA Date:_____________________ BY: Deborah Searcy, Mayor Attest: Village Clerk Approved as to form and Legal Sufficiency: Village Attorney VILLAGE OF NORTH PALM BEACH COUNTRY CLUB – GOLF OPERATIONS TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Beth Davis, Country Club General Manager Allan Bowman, Head Golf Professional DATE: March 9, 2023 SUBJECT: RESOLUTION – Approval of a proposal from BrightView Golf Maintenance, Inc. for pond bank stabilization at a total cost of $123,420.00, authorizing execution of a Contract and waiving the Village’s purchasing policies and procedures. Village staff is requesting Village Council approval from BrightView Golf Maintenance, Inc. for pond bank stabilization at the Country Club golf course in the amount of $123,420.00 and execution of a Contract. This will require a waiver of the Village’s purchasing policies and procedures. The proposed Contract is for 1,000 linear feet of pond bank repair and stabilization between Hole 9 and Hole 18. As a golf course that is built on primary sand, the edges of the ponds are extremely soft under foot and, coupled with Latitude 36 grass, some stabilization is needed. Previously, Golf Course Superintendent Corey Adams and Golf Professional Allan Bowman had toured multiple courses and had spoken with multiple vendors about the product selections/options available. This resulted in “select” stabilization features previously installed at specified areas on the golf course, and this project will be a continuation (same materials and vendors) of this process. Additionally, Chris Cochran and Jack Nicklaus of Nicklaus Design have both toured the property and have been impressed with the quality of work and attention to detail by BrightView on these projects. Continued support by Nicklaus Design is important because it allows the course to continue operating as a Nicklaus Signature Golf Course. Regional BrightView Director and previous golf course superintendent Corey Adams has extensive experience overseeing this type of project. BrightView is the Village’s golf course maintenance contractor. Having the work completed by the contractor that is responsible for the maintenance of these areas on a daily basis allows the Village to hold BrightView fully accountable. Account Information: Fund Department / Division Account Number Account Description Amount Country Club Golf / Golf Course Maintenance L8045-66210 Construction & Major Renovation $123,420.00 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 accepting the proposal for pond stabilization between Holes 9 and 18 from BrightView Golf Maintenance, Inc. in the amount of $123,420.00, with funds expended from Account No. L8045- 66210 (Golf Course Maintenance - Construction & Major Renovation), waiving the Village’s purchasing policies and procedures, and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION 2023- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM BRIGHTVIEW GOLF MAINTENANCE, INC. FOR POND BANK REPAIR AND STABILIZATION AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; WAIVING THE VILLAGE’S PURCHASING POLICES AND PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, BrightView Golf Maintenance, Inc. (“BrightView”), the Village’s golf course maintenance contractor, provided a proposal for 1,000 linear feet of pond bank repair and stabilization at the North Palm Beach Country Club Golf Course between holes 9 and 18, and Village Staff recommended accepting the proposal submitted by BrightView; and WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves and accepts the proposal from BrightView Golf Maintenance, Inc. for the purchase of materials and services necessary to complete pond bank repair and stabilization at the Country Club Golf Course at a total cost of $123,420.00, with funds expended from Account No. L8045-66210 (Golf Course Maintenance – Construction and Major Renovation). The Village Council further authorizes the Mayor and Village Clerk to execute a Contract for such services, a copy of which is attached hereto and incorporated herein by reference. Section 3. In approving this purchase, the Village Council hereby by waives all conflicting provisions of the Village’s purchasing policies and procedures. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2023. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 9 CONTRACT THIS CONTRACT is made as of the ____ day of ________________, 2023 by and between the VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and BRIGHTVIEW GOLF MAINTENANCE, INC. a Florida corporation, hereinafter referred to as CONTRACTOR, whose Federal I.D. No is 95-2999239. WHEREAS, the VILLAGE is need of services and materials for pond bank repair and stabilization between Holes 9 and 18 at the North Palm Beach Country Club Golf Course; and WHEREAS, CONTRACTOR is the current provider of Golf Course Maintenance Services, and CONTRACTOR has provided the VILLAGE with a cost proposal to perform the work; and WHEREAS, the VILLAGE wishes to retain CONTRACTOR to perform the work outlined in its proposal, pursuant to the terms and conditions of this Contract, based on its familiarity with the Golf Course specifications and its maintenance responsibilities. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONTRACTOR. CONTRACTOR shall perform the services highlighted in its Proposal dated February 14, 2023 attached hereto as Exhibit “A” and incorporated herein by reference (“Work”). CONTRACTOR shall perform the Work to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its vocation practicing in the same or similar locality at the time such services are performed. ARTICLE 2. TERM OF CONTRACT. The term of this Contract shall commence upon the VILLAGE’s issuance of a Notice to Proceed and shall remain in effect until CONTRACTOR completes all services within the scope of this Contract to the satisfaction of the VILLAGE, unless otherwise terminated in accordance with Article 8. CONTRACTOR shall complete the Work within ninety (90) calendar days after the issuance of the Notice to Proceed. ARTICLE 3. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate CONTRACTOR in accordance with CONTRACTOR’s Proposals in an amount not to exceed One Hundred and Twenty-Three Thousand Four Hundred and Twenty Dollars and No Cents ($123,420.00). B. CONTRACTOR shall invoice the VILLAGE on a monthly basis based on the percentage of work performed. Invoices received from CONTRACTOR pursuant to this Contract will be reviewed and approved by the VILLAGE’s representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. CONTRACTOR will invoice the VILLAGE in advance for each payment period. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. Page 2 of 9 C. Work undertaken or expenses incurred that exceeds an amount set forth in the Proposals without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all Work has been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of the Work. ARTICLE 4. INSURANCE. A. Prior to execution of this Contract by the VILLAGE, CONTRACTOR shall provide certificates evidencing insurance coverage as required hereunder. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate that CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict compliance with this Article and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the VILLAGE’S representative. Compliance with the foregoing requirements shall not relieve CONTRACTOR of its liability and obligations under this Contract. B. CONTRACTOR shall maintain, during the life of this Contract, Commercial General Liability insurance in the amount of $1,000,000.00 in aggregate to protect CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract, whether such operations be by CONTRACTOR or by anyone directly employed by or contracting with CONTRACTOR. C. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit for bodily injury and property damages liability to protect CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR. D. The parties to this Contract shall carry Workers’ Compensation Insurance and Employer’s Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers’ Compensation Insurance and chooses not to obtain same, then such party shall. in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the VILLAGE. E. All insurance, other than Worker’s Compensation, to be maintained by CONTRACTOR shall specifically include the VILLAGE OF NORTH PALM BEACH as an “Additional Insured”. Page 3 of 9 ARTICLE 5. PERSONNEL. A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by CONTRACTOR or under its supervision, and all personnel engaged in performing the Work (including subcontractors) shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of CONTRACTOR’s personnel (and all subcontractors) while on VILLAGE premises, will comply with all applicable requirements governing conduct, safety, and security, provided, however, that CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. ARTICLE 6. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. ARTICLE 7. INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall be, in the performance of services pursuant to this Contract, an independent contractor and not an employee, agent or servant of the VILLAGE. All persons engaged in any services performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s sole discretion, supervision and control, and CONTRACTOR shall exercise sole control over the means and manner in which its employees, consultants and subcontractors perform such services. ARTICLE 8. TERMINATION. This Contract may be terminated by CONTRACTOR upon ten (10) days’ prior written notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days’ written notice to the CONTRACTOR. Unless CONTRACTOR is in breach of this Contract, CONTRACTOR shall be paid Page 4 of 9 for Work rendered to the VILLAGE’s satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, CONTRACTOR shall: A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE; and D. Continue and complete all parts of the work that have not been terminated. ARTICLE 9. SUCCESSORS AND ASSIGNS. The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and CONTRACTOR. ARTICLE 10. ACCESS AND AUDITS. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 11. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 12. PROTECTION OF WORK AND PROPERTY. A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage, and shall protect the VILLAGE’s property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. Page 5 of 9 B. CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. ARTICLE 13. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: Village Manager Village Hall 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: BrightView Golf Maintenance, Inc. 24151 Ventura Boulevard Calabasas, CA 91302 Attention: Greg Pieschala, President The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 14. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and CONTRACTOR agree that this Contract, including all documents referenced herein, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 15. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”, “hereinafter” and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. ARTICLE 16. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. Page 6 of 9 ARTICLE 17. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 18. EXHIBITS AND CONTRACT DOCUMENTS. All exhibits and other documents referred to in this Contract form an essential part of this Contract. The exhibits and other documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 19. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 20. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 21. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. ARTICLE 22. WARRANTY. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of one (1) year following completion of the Work and successful final inspection, or as otherwise stated in the Proposals. Should any Work fail to comply with this warranty during the warranty period of one (1) year, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR’s sole expense. ARTICLE 23. REPRESENTATIONS/BINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. Page 7 of 9 ARTICLE 24. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Contract will be held in Palm Beach County. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation arising out of or in connection with this Contract. ARTICLE 25. FEDERAL AND STATE TAXES. The VILLAGE is exempt from federal tax and state sales tax and use taxes. Upon request, the VILLAGE shall provide an exemption certificate to CONTRACTOR. CONTRACTOR is not exempt from paying sales tax to its suppliers for materials used to fulfill its obligations under this Contract, nor shall CONTRACTOR be authorized to use the VILLAGE’s tax exemption number in securing such materials. ARTICLE 26. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 27. PUBLIC RECORDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public requires required by the VILLAGE to perform the service. Page 8 of 9 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. ARTICLE 28. E-VERIFY CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complied, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. ARTICLE 29. CONVICTED VENDOR LIST/BOYCOTT OF ISRAEL As provided in section 287.135, Florida Statutes, CONTRACTOR certifies that it and any authorized subcontractors are not participating in a boycott of Israel. CONTRACTOR further certifies that it and its affiliates have not been placed on the Convicted Vendor List under section 287.133, Florida Statutes. The VILLAGE and CONTRACTOR agree that the VILLAGE shall have the right to immediately terminate this Contract if CONTRACTOR, its authorized subcontractors or affiliates have been placed on the Scrutinized Companies that Boycott Israel List, is engaged in a boycott of Israel, or has been placed on the Convicted Vendor List maintained by the State of Florida. Remainder of page blank – signatures on next page Page 9 of 9 IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: BRIGHTVIEW GOLF MAINTENANCE, INC. BY: Print Name: Title:_____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY