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07-09-2020 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JULY 09, 2020 501 U.S. HIGHWAY 1 7:30 PM Susan Bickel Mark Mullinix David B. Norris Darryl C. Aubrey Deborah Searcy Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk In accordance with Executive Order No. 20-91 issued by Governor Ron DeSantis on April 1, 2020, all senior citizens and individuals with a significant underlying medical condition are ordered to stay at home and limit the risk of exposure to COVID-19. The Order further indicates that all persons in Florida shall limit their personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities. Similarly, the Centers for Disease Control and Prevention guidance advises that all individuals adopt far-reaching social distancing measures, including avoiding gatherings of more than 10 people. Therefore, in accordance with Executive Order No. 20 -69 issued by the Governor on March 20, 2020, the Village of North Palm Beach shall be conducting this meeting utilizing communications media technology. The members of the Village Council will not be physically present in the Council Chambers and shall be participating virtually. Members of the public may participate in the meeting via internet access or by telephone as set forth below. INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/84919616339?pwd=T0l6eUxtU2FQVHFOb3hBdmttRFNPQT09 Meeting ID: 849 1961 6339 Password: 572066 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 849 1961 6339 Password: 572066 Regular Session Agenda, July 09, 2020 Page 2 of 3 Public Comments: Public comments can be submitted by filling out the public comment form that can be accessed by clicking the following link Public Comment Card. Public comments can also be made by leaving a voice message at 561-904-2126. All public comments will be read into the record at the Public Comment portion of the meeting. For full detailed instructions on how to the join the meeting by either telephone or by computer please see the Village of North Palm Beach Village Council webpage or click on the following links: Instructions for attending Village Council Meeting by phone Instructions for attending Village Council Meeting by computer AGENDA ROLL CALL INVOCATION - VICE MAYOR PLEDGE OF ALLEGIANCE - MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held 6/25/2020 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 2. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2020-02 – CODE AMENDMENT – CHRONIC NUISANCE PROPERTY Consider a motion to adopt and enact on second reading Ordinance 2020-02 amending Chapter 14 "Health and Sanitation" of the Village Code of Ordinances, by Amending Article IV "Abatement of Public Nuisances on Private Property," to update existing procedures to reference the Special Magistrate; adopting a new Article V, "Chronic Nuisance Abatement Property Code", to identify and address properties that are not property managed and/or maintained and which negatively impact both adjacent properties and the health, safety and welfare of the Village. Regular Session Agenda, July 09, 2020 Page 3 of 3 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. OTHER VILLAGE BUSINESS MATTERS 3. RESOLUTION – FINAL PAYMENT FOR ADDITIONAL COUNTRY CLUB DESIGN SERVICES Approving a final payment to Peacock + Lewis Architects and Planners, LLC for additional design services related to the Country Club Clubhouse in the amount of $147,436.76. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS 4. Employee Health Insurance Presentation 5. Strategic Planning - Prioritization 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 Council 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 JUNE 25, 2020 Present: Susan Bickel., Mayor Mark Mullinix, Vice Mayor David B. Norris, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Deborah Searcy, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Bickel called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Mullinix gave the invocation and Mayor Bickel led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held June 11, 2020 were approved as written. STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Mayor Bickel read into the record a public comment received from Tim Hullihan, 840 Country Club Drive. In his comment, Mr. Hullihan expressed his concerns regarding a proposed project for the southeast corner of Yacht Club Drive and U.S. Highway 1. Mr. Hullihan stated that the proposed design plan did not fall in line with the Village’s master plan. ORDINANCE 2020-02 – CODE AMENDMENT – CHRONIC NUISANCE PROPERTY A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt on first reading Ordinance 2020-02 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES TO ADOPT A NEW ARTICLE VIII, “CHRONIC NUISANCE ABATEMENT PROPERTY CODE;” PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR A DECLARATION OF CHRONIC NUISANCE AND AN ACTION PLAN; PROVIDING PROCEDURES FOR ENFORCEMENT; PROVIDING FOR HEARINGS BEFORE THE SPECIAL MAGISTRATE; PROVIDING FOR THE ENTRY OF A CHRONIC NUISANCE SERVICE ORDER; PROVIDING FOR THE ESTABLISHMENT AND BILLING OF COSTS; PROVIDING FOR THE ASSESSMENT OF LIENS; PROVIDING FOR A CHANGE IN TITLE TO NUISANCE PROPERTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Draft Minutes of Village Council Meeting held June 25, 2020 Page 2 of 6 ORDINANCE 2020-02 – CODE AMENDMENT – CHRONIC NUISANCE PROPERTY continued Mr. Lukasik explained that the intent of the ordinance was to address properties that have had a significant adverse impact on surrounding properties or the community as a whole. Mr. Lukasik gave a presentation on the proposed ordinance. Police Chief Rick Jenkins explained the reasoning for the ordinance and gave his input and experience on the subject of nuisance properties and the criminal activities associated with them. Mr. Rubin explained the ordinance’s process and procedure for abating a chronic nuisance property. Discussion ensued between Council, Mr. Rubin and staff regarding the ordinance. President Pro Tem Norris expressed his concerns with the construction and wording of the ordinance. Discussion continued between Council, Mr. Rubin and staff regarding the proposed Chronic Nuisance Property ordinance. The Council came to consensus to leave noise control as a nuisance activity violation and to change the wording “the village may declare the property to be a chronic nuisance property” to “the village shall declare the property to be a chronic nuisance property” in the declaration of chronic nuisance property portion of the ordinance. Discussion ensued between Council, Mr. Rubin and staff regarding the priority on the lien that would be imposed on a chronic nuisance property. President Pro Tem Norris expressed his concerns with having the Village as super priority on the lien imposed on a chronic nuisance property. All Councilmembers except for President Pro Tem Norris agreed to keep the Village as a super priority on any lien imposed on a chronic nuisance property. President Pro Tem Norris recommended having the Chronic Nuisance Property code amendment added to the Nuisance Abatement chapter of the Village Code rather than creating a new article under the Administration part of the code. The Council came to consensus to have the Chronic Nuisance Property code amendment added to the Nuisance Abatement chapter of the Village Code rather than creating a new article under the Administration part of the code. Thereafter, the motion to adopt Ordinance 2020-02 on first reading, as amended, passed 4 to 1 with Mayor Bickel, Vice Mayor Mullinix, Councilmember Aubrey and Councilmember Searcy voting aye and President Pro Tem Norris voting nay. Draft Minutes of Village Council Meeting held June 25, 2020 Page 3 of 6 CONSENT AGENDA President Pro Tem Norris moved to approve the Consent Agenda. Councilmember Searcy seconded the motion which passed unanimously. The following items were approved: Resolution – Approving a Federally-Funded Subaward and Grant Agreement with the State of Florida Division of Emergency Management for the receipt of FEMA grant funds; and authorizing execution of the Agreement. Receive for file Minutes of the Library Advisory Board meeting held 5/26/20. RESOLUTION 2020-42 – PURCHASE OF REFURBISHMENT TO COVERSHOT MOBILE CANOPY FOR COUNTRY CLUB DRIVING RANGE A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to adopt Resolution 2020-42 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE SOLE SOURCE PURCHASE OF THE REFURBISHMENT OF A COVERSHOTS MOBILE CANOPY BY COVERSHOTS MOBILE CANOPIES INTERNATIONAL, LLC FOR THE COUNTRY CLUB DRIVING RANGE; AND PROVIDING FOR AN EFFECTIVE DATE. Head Golf Professional Allan Bowman explained the purpose of the covershot mobile canopy which would be located at the Country Club Golf Course driving range. Mr. Bowman stated that the PGA Learning Center donated the mobile covershot canopy to the Village. A new canopy would cost $100,000 and the refurbishment of the new canopy would only cost $36,000. Mr. Bowman stated that the Village would have a return investment by selling premium time in shaded conditions at the driving range. Thereafter, the motion to adopt Resolution 2020-42 passed unanimously. RESOLUTION 2020-43 – SANITATION TRUCK PURCHASE A motion was made by Councilmember Searcy and seconded by President Pro Tem Norris to adopt Resolution 2020-43 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE ACQUISITION OF A 2020 MACK REAR LOADER SANITATION VEHICLE FROM NEXTRAN CORPORATION D/B/A NEXTRAN TRUCK CENTER OF RIVIERA BEACH PURSUANT TO PRICING ESTABLISHED IN AN EXISTING FLORIDA SHERIFF’S ASSOCIATION CONTRACT; APPROVING A SEVEN-YEAR LEASE AGREEMENT WITH PINNACLE PUBLIC FINANCE, INC.; DECLARING AN EXISTING REAR LOADER SANITATION VEHICLE AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Director Steven Hallock explained and discussed the necessity of purchasing a new sanitation truck for the Public Works Department. Councilmember Searcy asked how long it would take to get the new sanitation truck. Mr. Hallock stated that the truck would delivered within the next couple of weeks. Draft Minutes of Village Council Meeting held June 25, 2020 Page 4 of 6 RESOLUTION 2020-43 – SANITATION TRUCK PURCHASE continued Councilmember Searcy asked if there could be a naming ceremony for the new sanitation truck. Mayor Bickel stated that other communities have had a naming ceremony for their sanitation trucks and have had the name painted on the truck. Mr. Hallock stated that he would look into having a naming ceremony for the truck. President Pro Tem Norris asked if the truck would be painted to match the other Village sanitation trucks. Mr. Hallock stated that he planned to put the truck in service as soon as it was delivered and that it would be painted when there was time available. Mr. Hallock stated that if Council wanted the truck painted before being put into service it would add an additional couple of days to the timeframe. Council requested that the truck be painted before being put into service. Thereafter, the motion to adopt Resolution 2020-43 passed unanimously. MOTION – Designating a voting delegate for the Florida League of Cities Conference A motion was made by Councilmember Searcy and seconded by Vice Mayor Mullinix to designate Councilmember Aubrey as voting delegate for the Florida League of Cities Conference. Thereafter the motion passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Searcy commended the Recreation Department and Acting Recreation Director Stephen Poh for putting together summer camp safety procedures for the community. Vice Mayor Mullinix discussed the options of implementing and installing fiber optics for internet and cable services within the Village. Mayor Bickel requested input from Council regarding how and when to do the yearly Council group photo. Councilmember Searcy recommended having the Council group photo taken outside. Discussion ensued between Council on where to have the Council group photo taken. Vice Mayor Mullinix suggested having the Council group photo taken at the Country Club Clubhouse. Council came to consensus to have their group photo taken on the steps of the Country Club Clubhouse. Mayor Bickel stated that the Virtual Municipal Meetings Provision in Governor Ron DeSantis’ Executive Order No. 20-150 was extended to August 1st. Mayor Bickel asked if the remainder of Council meeting in July could be conducted fully virtual via Zoom since it was very uncomfortable to conduct the meeting while wearing a face mask. Council came to consensus to have the July Council meetings conducted fully virtual via Zoom. Draft Minutes of Village Council Meeting held June 25, 2020 Page 5 of 6 VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik introduced Rob Kelly from Hazen & Sawyer, P.C. and stated that Mr. Kelly would be giving a Stormwater Study Presentation. Mr. Lukasik briefly explained the reason for the presentation. Mr. Kelly began the Stormwater Study Presentation. Mr. Kelly discussed and explained a previous conceptual stormwater utility study conducted in 2019. The objective of the current study was to develop a stormwater utility fee for implementation in FY2021. Mr. Kelly explained and discussed the Village’s current stormwater management system, assets and infrastructure. Mr. Kelly discussed and explained parcel data analysis. Mr. Kelly discussed and explained methods of determining Equivalent Residential Unit. Mr. Kelly discussed and explained four level of service scenarios for projected stormwater expenditures and ERU rate comparisons. Mr. Kelly discussed and explained stormwater utility credit programs, billing methodologies and Village actions for implementation. Mr. Kelly answered questions from Council throughout the Stormwater Study Presentation. Discussion ensued between Council, staff and Mr. Kelly regarding the stormwater assessment and billing options. Council gave suggestions and recommendations for stormwater service scenarios and billing options. Mr. Kelly stated that he would bring back revised options based on Council’s recommendations. Leanne Schmitt, 604 Eastwind Drive, thanked Council for considering her past comment and request for the Country Club pool to have longer open swim hours for families and was seeking an update on her request. General Manager Beth Davis stated that she had received Ms. Schmitt’s request and stated that the plan was to extend the recreational swim hours to 5 p.m. on Fridays, Saturdays and Sundays beginning in July. Mayor Bickel recessed the meeting at 9:32 p.m. Mayor Bickel reconvened the meeting at 9:40 p.m. Melinda Miller and Trina Pulliam of Trainnovations, Inc. discussed and explained the next step in the strategic planning process. Ms. Miller explained to Council how to rank and prioritize the projects that have been identified in the strategic planning process. Ms. Miller and Ms. Pulliam answered questions from Council regarding the next step in the strategic planning process. Council and staff concluded that it was too late in the meeting to begin the ranking process and more time would be needed to review the projects and rank them. Mr. Lukasik stated that he would speak with Ms. Miller and Ms. Pulliam on how to move forward in the process and how to accomplish the next step while utilizing the Zoom platform for the next Council meeting. Draft Minutes of Village Council Meeting held June 25, 2020 Page 6 of 6 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:10 p.m. Page 1 of 2 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: July 9, 2020 SUBJECT: ORDINANCE 2nd Reading – Amending Chapter 14 of the Village Code of Ordinances to adopt a Chronic Nuisance Property Code The purpose of this Ordinance is to identify and address properties within the Village that have a significant adverse impact on the quality of life and safety of the surrounding area; negatively affect the value of adjacent properties; and are a financial and operational burden on the resources of the Village, especially the Police and Fire Rescue Departments. Once the chronic nuisance properties are identified, the Village seeks to hold those persons responsible for such nuisance activities or conditions accountable; assist in abating the existence of such activities and conditions; and recover the cost of providing services to the properties. Under the Ordinance, the Village will declare a property a chronic nuisance property if a pattern of nuisance activity exists on the property. A pattern of nuisance activity consists of :  Police Department response to three or more nuisance activities within 30 days;  Police Department response to seven or more nuisance activities within six months; or  Police Department of Fire Rescue Department response to three or more calls within 30 days or seven or more calls within six months to assist an individual who displays the symptoms of an overdose of a controlled substance. By definition, nuisance activities include a wide array of violations of the Town Code (from alcoholic beverages to noise control) and the Florida Statutes (from battery to the discharge of firearms to prostitution). These activities are listed in Section 14-92 of the proposed Ordinance. Once the Village has declared a property a chronic nuisance, the Village will send a declaration of chronic nuisance to the property owner. The declaration contains a description of the nuisance activities and includes a proposed nuisance abatement agreement outlining the corrective action to be taken by the property owner to remedy the nuisance activity. The corrective action plan may include a number of abatement measures, including but limited to the following:  Commencement of eviction action to remove individuals engaged in nuisance activity from the property;  Implementation of Crime Prevention through Environmental Design (CPTED) measures;  Site visits and inspections at various times of day and night;  Hiring property management and private security;  Installing security cameras with recording capabilities;  Use of written lease agreements (rental properties) or written registers (hotels/motels) confirmed with official identification;  Criminal background checks for prospective tenants; and  Posting of no trespassing signs Page 2 of 2 If the property owner refuses to enter into the nuisance abatement agreement or subsequently violat es the terms of the agreement, the case is presented to the special magistrate. If the declaration of chronic nuisance is upheld, the special magistrate enters a chronic nuisance order which:  Authorizes the Village to provide chronic nuisance services to the property and abate the nuisance;  Authorizes the Village to bill the costs of any chronic nuisance services to the owner of the property; and  Authorizes the Village to require the owner of the chronic nuisance property to implement reasonable and specific measures that the property owner must take to curtail or eliminate the reoccurrence of nuisance activities on the property. The chronic nuisance order remains in effect until terminated by the special magistrate when requested by either the Village or the property owner, and the nuisance activities have been abated on the property for a period of one year. Once the chronic nuisance order is in place, the Village can bill the property owner for the actual cost of providing chronic nuisance services, including calls for Police and Fire Rescue services. If the property owner fails to pay the bill, the Village Council, through the adoption of a Resolution, may assess such charges and impose a lien against the property. A number of municipalities impose such costs as a non- ad valorem assessment. Due to the limited number of chronic nuisance properties within the Village, this Ordinance provides for the imposition of a lien. However, the Ordinance may be amended to provide for non-ad valorem assessments. Based on the statutory requirements applicable to the uniform method of imposing and collecting non ad valorem assessments, if the Village were to adopt a notice of intent to use the uniform method during the 2020 calendar year, such assessments would not actually be imposed against the property until the 2022 calendar year. When there is a change in title to property that is subject to a chronic nuisance abatement order, the new owner has forty-five (45) days to provide the Village with an action plan and implement that plan. On June 25, 2019, the Village Council adopted the Ordinance on First Reading by a vote of 4 -1. Based on concerns raised by the Council, the Ordinance has been revised as follows:  The Ordinance was moved from Chapter 2, “Administration,” to Chapter 14, “Health and Sanitation,” immediately following Article IV, which addresses the abatement of public nuisances on private property. Section 14-83 of the Village Code provides that assessments imposed by the Village for the abatement of nuisances on private property shall become a “first lien, equal to a lien for nonpayment of property taxes.” Additionally, Article IV was amended to remove all references to the code enforcement board and refer instead to the code enforcement special magistrate.  In Section 14-95, “Declaration of chronic nuisance; action plan,” the term “shall” was substituted for the term “may” (“If a pattern of nuisance activity exists upon real property, the Village shall declare the property to be a chronic nuisance property”). There is no immediate fiscal impact. Recommendation: Village Staff recommends Council consideration and adoption on second and final reading of the attached Ordinance amending Chapter 14 of the Village Code of Ordinances to adopt a Chronic Nuisance Property Code in accordance with Village policies and procedures. Page 1 of 15 ORDINANCE NO. 2020-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 14, “HEALTH 4 AND SANITATION,” OF THE VILLAGE CODE OF ORDINANCES BY 5 AMENDING ARTICLE IV, “ABATEMENT OF PUBLIC NUISANCES ON 6 PRIVATE PROPERTY,” TO UPDATE EXISTING PROCEDURES TO 7 REFERENCE THE SPECIAL MAGISTRATE; ADOPTING A NEW ARTICLE 8 V, “CHRONIC NUISANCE ABATEMENT PROPERTY CODE;” PROVIDING 9 FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; 10 PROVIDING FOR A DECLARATION OF CHRONIC NUISANCE AND AN 11 ACTION PLAN; PROVIDING PROCEDURES FOR ENFORCEMENT; 12 PROVIDING FOR HEARINGS BEFORE THE SPECIAL MAGISTRATE; 13 PROVIDING FOR THE ENTRY OF A CHRONIC NUISANCE SERVICE 14 ORDER; PROVIDING FOR THE ESTABLISHMENT AND BILLING OF 15 COSTS; PROVIDING FOR THE ASSESSMENT OF LIENS; PROVIDING FOR 16 A CHANGE IN TITLE TO NUISANCE PROPERTIES; PROVIDING FOR 17 CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 18 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 19 20 WHEREAS, the Village Council determines that there is a relative amount of police and fire rescue 21 services use to which each parcel of real property is entitled as a taxpayer of the Village; and 22 23 WHEREAS, the Village Council further determines that some properties, described as chronic 24 nuisance properties, require disproportionate police, fire rescue and code compliance services and 25 cause an unnecessary burden on those services and therefore on all taxpayers of the Village; and 26 27 WHEREAS, properties with a disproportionate number of service calls are an indication that such 28 properties are not being properly managed and/or maintained; and 29 30 WHEREAS, the Village Council deems it appropriate and in the best interests of the residents and 31 citizens of the Village of North Palm Beach to adopt a Chronic Nuisance Property Code to identify 32 and address properties that are not property managed and/or maintained and which negatively 33 impact both adjacent properties and the health, safety and welfare of the Village; and 34 35 WHEREAS, the Village Council further wishes to update the existing procedures applicable to the 36 abatement of public nuisances on private property to reference the special magistrate in lieu of the 37 code enforcement board. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 40 OF NORTH PALM BEACH, FLORIDA as follows: 41 42 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 43 44 Section 2. The Village Council hereby amends Chapter 14, “Health and Sanitation,” of the 45 Village Code of Ordinances by amending Article IV, “Abatement of Public Nuisances on Private 46 Page 2 of 15 Property,” to read as follows (deleted language stricken through and additional language 1 underlined): 2 3 ARTICLE IV. ABATEMENT OF PUBLIC NUISANCES 4 ON PRIVATE PROPERTY 5 6 Sec. 14-79. Definitions. 7 8 The following words and phrases, when used in this article, shall have the 9 meanings ascribed to them in this section, except where the context clearly indicates 10 a different meaning: 11 12 Debris means any trash, rubbish, pipes, paper, wrapping, crates, boxes of 13 any type, tin cans, wood, bottles, glass, animal and vegetable wastes, or other 14 discarded materials, including vehicles, boats and boat trailers in a rusted, wrecked, 15 junked, inoperative or partially dismantled condition. This definition shall include 16 any vehicle, boat or boat trailer that does not possess a valid and current registration 17 or to which a valid and current license plate or registration decal is not affixed as 18 required by state law. 19 20 Personal property means all forms of personal property and chattel, other 21 than real property. 22 23 Sec. 14-80. Uses or activities constituting a public nuisance. 24 25 The following uses or activities upon any improved or vacant parcel, lot, 26 tract, land or premises within the village shall constitute a public nuisance and a 27 violation of this code, subject to the nuisance abatement procedures set forth in this 28 article and all other methods of code enforcement available to the village, including, 29 but not limited to code enforcement proceedings and injunctive relief: 30 31 (1) The condition of ill repair or lack of maintenance of any real property 32 such that the condition is deemed unsafe or creates a health, 33 sanitation, or safety hazard, including, but not limited to, the 34 harboring of rats, snakes and other vermin or the pooling of water that 35 may serve as breeding grounds for insects and other disease vectors; 36 37 (2) The growth of weeds, grass, or other similar ground cover which 38 exceeds twelve (12) inches in height for improved and unimproved 39 lots, or the uncontrolled growth of vegetation which fails to present a 40 healthy appearance; or 41 42 (3) The presence, accumulation, storage, or otherwise keeping of debris 43 or any abandoned, discarded, or unused personal property when not 44 completely enclosed in a structure and visible at ground level from 45 adjoining properties or public rights-of-way. 46 Page 3 of 15 1 Sec. 14-81. Notice of public nuisance; right to request hearing. 2 3 (a) Authorized agents and employees of the village's community 4 development department, in addition to code inspectors and law enforcement 5 officers, are empowered to enter upon and inspect properties within the village on 6 which a public nuisance is suspected to exist. All such persons shall be immune 7 from prosecution, civil or criminal, for reasonable, good faith entry upon property 8 within the village while discharging the duties outlined in this article. 9 10 (b) The village's community development director or designee is hereby 11 authorized and directed to notify in writing the owner of any property upon which 12 a public nuisance exists, as specified in section 14-80 above. The notice shall detail 13 the nature of the public nuisance, the method(s) of correction, and the date by which 14 corrective action must be completed, which shall be at least ten (10) days from the 15 date of the notice. The notice shall further advise the property owner of the right to 16 request a hearing as specified below, and that the failure to abate the nuisance will 17 result in the village taking corrective action and the assessment of costs and 18 imposition of a lien against the property. 19 20 (c) The notice shall be sent to the owner of the property by certified 21 mail, return receipt requested, at the address(es) maintained by the county property 22 owner and tax collector and shall be posted on the property. 23 24 (d) Prior to the date specified for corrective action in the notice, the 25 property owner may make a written request to the community development director 26 for a hearing before the village’s code enforcement board special magistrate to 27 show that the condition alleged in the notice does not exist or does not create a 28 public nuisance. The code enforcement board special magistrate shall conduct a 29 hearing as soon as practicable after the receipt of such request. The property owner 30 shall be notified of the hearing in the manner set forth in section 2-181 of this Code. 31 32 Sec. 14-82. Abatement of public nuisance. 33 34 If no hearing has been requested and the condition described in the notice 35 has not been corrected by the date specified in the notice, or if a hearing has been 36 held and the code enforcement board special magistrate has ruled adversely to the 37 property owner, the community development director is authorized with approval 38 of the village manager to cause the nuisance to be abated by the village or its agents 39 at the expense of the property owner. 40 41 Sec. 14-83. Assessment of costs and imposition of lien. 42 43 (a) When the village has abated or contracted for the abatement of a 44 public nuisance as authorized by this article, the village community development 45 director or village manager shall certify the costs incurred in remedying the 46 Page 4 of 15 condition, in addition to a two hundred fifty dollar ($250.00) administrative fee, 1 and assess that amount against the property. The assessment shall contain the legal 2 description of the property, the street address, and the total amount of the 3 assessment. The village shall mail the assessment to the property owner via both 4 certified mail, return receipt requested, and regular U.S. mail and provide the 5 property owner fifteen (15) days from the date of mailing in which to pay the 6 assessment. 7 8 (b) Should the property owner fail to pay the assessment, the village 9 shall record the assessment in the public records, and the recording of the 10 assessment shall create and constitute a lien against such property for the amount 11 of the assessment, payable to the village. 12 13 (c) The assessment shall bear interest at the current legal rate of interest 14 per annum as provided by law and shall constitute a lien upon the land from the 15 date of the assessment. Lien assessments may be enforced by civil action in the 16 appropriate court of competent jurisdiction. The lien created shall be a first lien, 17 equal to a lien for nonpayment of property taxes, on any property against which an 18 assessment for costs to abate a nuisance has been recorded. The lien shall continue 19 in full force until discharged by payment or otherwise or until settled and released 20 by the community development director or the village manager. 21 22 Section 3. The Village Council hereby amends Chapter 14, “Health and Sanitation,” of the 23 Village Code of Ordinances by adopting a new Article V, “Chronic Nuisance Property Code,” to 24 read as follows (additional language underlined): 25 26 ARTICLE V. CHRONIC NUISANCE PROPERTY CODE 27 28 Sec. 14-91. Purpose and Intent. 29 30 (a) Purpose. The purpose of this article is to identify properties that 31 have a significant adverse impact on the quality of life and safety of the surrounding 32 area, negatively affect the value of adjacent properties, and are a financial and 33 operational burden to the village by generating repeated calls for service. 34 35 (b) Intent. The intent of this article is to: 36 37 (1) Identify chronic nuisance activities and chronic nuisance conditions; 38 39 (2) Hold accountable those persons responsible for such nuisance 40 activities and/or conditions on the property; 41 42 (3) Penalize those who commit crimes or those who permit conditions 43 to exist that give rise to crime or excessive calls for service to the 44 police and fire rescue departments; 45 46 Page 5 of 15 (4) Establish rules, procedures and penalties to address property owners 1 that have chronic nuisance issues and fail to take corrective 2 measures; 3 4 (5) Work in partnership with the owners to address the negative results 5 caused by chronic nuisance activities and/or conditions, and to 6 improve the vitality of neighborhoods by addressing excessive calls 7 for service to the police and fire rescue departments; and 8 9 (6) Establish the cost of Village response and enforcement services to 10 the property owners identified as owning chronic nuisance 11 properties. 12 13 Sec. 14-92. Definitions. 14 15 When used in this article, the following terms shall have the meanings 16 ascribed to them in this section except where the context clearly indicates a different 17 meaning: 18 19 Action plan or corrective action plan means a plan prepared by the village, 20 incorporated into a nuisance abatement agreement and agreed to by the owner, to 21 address and eliminate nuisance activity on the owner’s property by the 22 implementation of proactive steps by the property owner. 23 24 Chronic nuisance property means a property on which one or more 25 continuing nuisance activities occurs or reoccurs in accordance with the terms of 26 this article. 27 28 Chronic nuisance services mean remedial actions taken by the village to 29 eliminate or mitigate a nuisance condition that threatens the public health, safety or 30 welfare. 31 32 Nuisance activity means any activity relating to the following violations, 33 whenever engaged in by the property owner, operator, agent, tenant, or invitee of 34 the property owner, operator, agent or tenant (all references to Florida Statutes are 35 to Florida Statutes 2019 or as amended thereafter): 36 37 (1) Chapter 3 - alcoholic beverages. 38 39 (2) Chapter 19, article V - noise control. 40 41 (3) Chapter 19, article II - sexual offenders and sexual predators. 42 43 (4) F.S. § 767.12 - dangerous dogs. 44 45 (5) F.S. § 784.03 - battery; felony battery. 46 Page 6 of 15 (6) F.S. § 784.041 - felony battery. 1 2 (7) F.S. § 784.045 - aggravated battery. 3 4 (8) F.S. § 790.10 - improper exhibition of dangerous weapons or 5 firearms. 6 7 (9) F.S. § 790.15(1) - discharging firearm in public. 8 9 (10) F.S. § 796.06 - renting space to be used for prostitution. 10 11 (11) F.S. § 796.07 - prostitution. 12 13 (12) F.S. § 800.03 - exposure of sexual organs. 14 15 (13) F.S. § 806.13- criminal mischief. 16 17 (14) F.S. § 810.08 - trespass in structure or conveyance. 18 19 (15) F.S. § 810.09 - trespass on other than structure or conveyance. 20 21 (16) F.S. § 812.014 - theft. 22 23 (17) F.S. § 812.019 - dealing in stolen property. 24 25 (18) F.S. § 812.173 – convenience business security. 26 27 (19) F.S. § 823.01 - nuisance. 28 29 (20) F.S. § 828.12 - cruelty to animals. 30 31 (21) F.S. § 843.01 - resisting officer with violence. 32 33 (22) F.S. § 843.02 - resisting officer without violence. 34 35 (23) F.S. § 856.011 - disorderly intoxication. 36 37 (24) F.S. § 856.015 - open house parties. 38 39 (25) F.S. § 856.021 - loitering or prowling. 40 41 (26) F.S. § 856.022 - loitering or prowling in close proximity to children. 42 43 (27) F.S. ch. 874 - criminal gang enforcement and prevention. 44 45 (28) F.S. § 877.03 - breach of the peace; disorderly conduct. 46 Page 7 of 15 (29) F.S. ch. 893 - any offense under the Florida Comprehensive Drug 1 Abuse Prevention and Control Act, including but not limited to 2 public nuisances as defined by § 893.138. 3 4 (30) Any other offense under state or federal law that is punishable by a 5 term of imprisonment exceeding one (1) year. 6 7 (31) A call for service to property for police or fire rescue personnel to 8 assist an individual who displays the symptoms of an overdose of a 9 controlled substance. 10 11 Nuisance abatement agreement means an agreement entered into between 12 the village and the property owner that contains an action plan to be implemented 13 by the property owner to address and abate the nuisance activity. 14 15 Nuisance condition means any temporary or permanent condition on the 16 property which arises from nuisance activity. 17 18 Operator means any agent, employee, property manager, tenant, sub-tenant, 19 contractor, subcontractor, licensee, invitee, or other individual or entity that is 20 authorized by the property owner to supervise, manager or otherwise control any 21 activities which may occur on the property. 22 23 Pattern of nuisance activity. Real property shall be deemed to exhibit a 24 pattern of nuisance activity if: 25 26 (1) The village's police department has responded to three (3) or more 27 nuisance activities at the property within thirty (30) days; 28 29 (2) The village's police department has responded to seven (7) or more 30 nuisance activities at the property within six (6) months; or 31 32 (3) The village's police department or fire rescue department has 33 responded to three (3) or more calls for service within thirty (30) 34 days or seven (7) or more calls for service within six (6) months to 35 assist an individual who displays the symptoms of an overdose of a 36 controlled substance. 37 38 Sec. 14-93. Construction and application. 39 40 A pattern of nuisance activity shall not be construed to include: 41 42 (1) A nuisance activity that does not arise from the conduct of the 43 property owner, operator, agent, tenant, or invitee of the property 44 owner, operator, agent or tenant or where the property owner, 45 operator, agent or tenant is the victim of a crime; 46 Page 8 of 15 (2) A complaint or call for service to which the village responded and 1 the village determined that no violation was committed; or 2 3 (3) A domestic violence call. 4 5 Sec. 14-94. Separate occurrences. 6 7 For purposes of this article, every instance that the police department or fire 8 rescue department responds to a nuisance activity at the property shall be a separate 9 occurrence. 10 11 Sec. 14-95. Declaration of chronic nuisance; action plan. 12 13 (a) Declaration of chronic nuisance property. If a pattern of nuisance 14 activity exists upon real property, the village shall declare the property to be a 15 chronic nuisance property. The village shall send its declaration of chronic nuisance 16 to the property owner by hand delivery or certified mail, return receipt requested, 17 and first-class mail to the address listed on the ad valorem tax roll or the property 18 appraiser’s database. The declaration of chronic nuisance property constitutes a 19 notice of violation which, if unaddressed in an executed nuisance abatement 20 agreement, may be prosecuted by the village before the village’s special magistrate. 21 Mailing to the property owner at the address listed on the ad valorem tax roll or the 22 property appraiser’s database shall be prima facie proof of delivery. Notice shall 23 also be posted at the property where the nuisance activities occurred. Removal of 24 the posted notice without written approval of the village is prohibited and shall 25 constitute a separate violation of this article. 26 27 (b) Contents of declaration of chronic nuisance property. The 28 declaration of chronic nuisance property shall contain at least the following 29 information: 30 31 (1) A reference to chapter 2, article VIII (the "Village of North Palm 32 Beach Chronic Nuisance Property Code"); 33 34 (2) The address and parcel control number of the property; 35 36 (3) The dates that the nuisance activities occurred at the property; 37 38 (4) A description of the nuisance activities; 39 40 (5) A proposed nuisance abatement agreement which outlines the 41 corrective action to be taken by the property owner to remedy the 42 nuisance activity. 43 44 (6) A statement that the property owner’s failure to enter into a nuisance 45 abatement agreement within fifteen (15) days of the declaration of 46 Page 9 of 15 chronic nuisance will result in a violation of this article and further 1 prosecution and enforcement action by the village before the 2 village’s special magistrate or by other legal actions available to the 3 village. 4 5 (7) A statement that the costs of any chronic nuisance services provided 6 by the village to a property that has been declared to be a chronic 7 nuisance property may be levied against the property as a lien 8 superior to all other private rights, interests, liens, encumbrances, 9 titles and claims upon the property and equal in rank and dignity 10 with a lien for ad valorem taxes; and 11 12 (8) A warning that the posted notice cannot be removed except with 13 written permission from the Village. 14 15 (c) Nuisance abatement agreement. A nuisance abatement agreement 16 shall set forth a corrective action plan with specific measures that the property 17 owner must take to curtail or eliminate the reoccurrence of nuisance activities at the 18 property. The nuisance abatement agreement shall contain a timetable for 19 corrective action. The corrective action plan may include abatement measures 20 which must be taken by the property owner including, but not limited to: 21 22 (1) Commencement of an eviction action to remove those individuals 23 engaged in the nuisance activity from the property; 24 25 (2) Implementation of crime prevention through environmental design 26 (CPTED) measures; 27 28 (3) Frequency of site visits and inspections at various times of both day 29 and night; 30 31 (4) Hiring of property management; 32 33 (5) Hiring of private security; 34 35 (6) Installation of security cameras with recording capabilities; 36 37 (7) Use of a written lease agreement for rental properties or a written 38 register confirmed with official identification for public lodging 39 establishments; 40 (8) Criminal background checks for prospective tenants and lease 41 renewals; 42 43 (9) Posting of "no trespassing" signs at the property and execution of a 44 “no trespass affidavit” authorizing the police department to act as an 45 Page 10 of 15 agent of the property owner to enforce trespass statutes on the 1 property; 2 3 (10) Regular requests to the police department for offense and incident 4 reports relating the property. 5 6 (11) Written documentation of all efforts to curtail or eliminate the re-7 occurrence of nuisance activities on the property; 8 9 (12) Any other action that the village determines is reasonably sufficient 10 to curtail or eliminate the reoccurrence of nuisance activities on the 11 property. 12 13 (d) Modification of nuisance abatement agreement. The village may 14 agree to modify the proposed or finalized nuisance abatement agreement when the 15 property owner demonstrates that modification will improve the nuisance 16 abatement action. 17 18 (e) Recording of memorandum of agreement. When a nuisance 19 abatement agreement is entered into, a memorandum of agreement specifying the 20 property address shall be recorded by the village in the public records of Palm 21 Beach County, Florida. 22 23 (f) Monitoring and compliance. The village will periodically monitor 24 the property to assure compliance for a period of one (1) year following execution 25 of the agreement. If the property owner complies with the agreement, as 26 determined by the village, the declaration of chronic nuisance will be rescinded, the 27 village will issue and record a notice of compliance related to the memorandum of 28 agreement that was previously recorded, and no further action by the property 29 owner shall be required. The village may require the property owner to enter into 30 a new agreement if a nuisance activity reoccurs. 31 32 (g) Inadequacy of action plan. If the Village determines during the 33 monitoring period that the action plan is not adequate to curtail or eliminate the 34 recurrence of nuisance activities on the property, the village may require the 35 property owner to revise the action plan. The determination as to whether or not 36 the monitoring period is adequate is in the sole and exclusive discretion of the 37 village, based on the totality of circumstances for the specific property. 38 39 Sec. 14-96. Refusal to sign or violation of agreement. 40 41 When a property owner refuses to timely enter into a nuisance abatement 42 agreement or subsequently violates the terms of an agreement, the village may 43 prosecute its declaration of chronic nuisance at a hearing before the village's special 44 magistrate. The village shall issue the notice of hearing within fifteen (15) days 45 from the deadline for entry into a nuisance abatement agreement or the violation of 46 Page 11 of 15 a provision of the agreement or action plan. The village shall notify the property 1 owner with a copy of the notice of hearing by hand delivery or by certified mail, 2 return receipt requested and first-class mail. 3 4 Sec. 14-97. Hearing before the special magistrate; entry of chronic nuisance 5 order. 6 7 (a) Scope of hearing. The hearing before the special magistrate shall be 8 limited to the review of the record or evidence upon which the village based the 9 declaration of chronic nuisance or the failure by the property owner implement the 10 agreement or action plan and any rebuttal offered by the property owner. All 11 testimony shall be under oath and the village and the property owner shall be 12 afforded the opportunity to call or cross-examine any witness. 13 14 (b) Decision of special magistrate. After hearing the testimony and 15 evidence, the special magistrate shall either uphold or reject the village's declaration 16 of chronic nuisance or notice of violation regarding the corrective action plan, as 17 appropriate. The decision of the special magistrate shall be in writing and shall be 18 deemed final. 19 20 (c) Entry of chronic nuisance order. If the special magistrate upholds 21 the notice of violation, the special magistrate shall enter a chronic nuisance order 22 which shall: 23 24 (1) Enter findings of fact establishing a pattern of nuisance activity and 25 violation of this article; 26 27 (2) Authorize the village to provide chronic nuisance services to the 28 property; 29 30 (3) Authorize the village to bill the costs of any chronic nuisance 31 services to the owner of the chronic nuisance property; 32 33 (4) Authorize the village to require the owner of the chronic nuisance 34 property to implement reasonable and specific measures that the 35 property owner must take to curtail or eliminate the reoccurrence of 36 nuisance activities on the property; 37 38 (5) Provide for the mailing of a copy of the chronic nuisance service 39 order by first class mail to any mortgagee of record. Failure to 40 provide a copy of the chronic nuisance service order to a mortgagee 41 of records shall not operate to release or discharge any obligation 42 under this article or otherwise affect the validity of a chronic 43 nuisance service order; 44 45 Page 12 of 15 (6) Provide for the recording of a certified copy of the chronic nuisance 1 service order in the public records; and 2 3 (7) Provide for continuing jurisdiction over the chronic nuisance 4 property. 5 6 (d) Rejection of declaration of chronic nuisance. If the special 7 magistrate rejects the village's declaration of chronic nuisance or notice of 8 violation, the special magistrate shall identify the factual, procedural or legal error 9 upon which the decision is based. An order rejecting the village's declaration of 10 chronic nuisance shall not bar the village from recommencing the chronic nuisance 11 process. 12 13 (e) Appeal of special magistrate’s order. The property owner or the 14 village may appeal a final order of the special magistrate to the Palm Beach County 15 Circuit Court. Such an appeal shall not be a hearing de novo, but shall be limited 16 to appellate review of the record created before the special magistrate. An appeal 17 shall be filed within thirty (30) days of the execution of the order to be appealed. 18 19 (f) Finality and duration of chronic nuisance order. An order is final 20 on the date the order is signed by the special magistrate and filed with the village 21 clerk. The chronic nuisance order entered in accordance with this section shall be 22 terminated by subsequent order of the special magistrate when the property owner 23 requests reconsideration of the original order and the special magistrate finds that 24 the nuisance activities have been abated at the property for a period of one (1) year 25 from the date of the order. It is the responsibility of the property owner to contact 26 the village to document the abatement. If the village determines that the nuisance 27 has been abated, the one-year time period specified herein shall commence as of 28 the date of the village’s abatement determination. 29 30 Sec. 14-98. Abatement of chronic nuisances; apportionment. 31 32 (a) Abatement by village. The village may abate chronic nuisances on real 33 property by providing chronic nuisance services to curtail or eliminate the re-34 occurrence of nuisance activities. The costs of such chronic nuisance services shall 35 be billed to the property owner and such costs may be collected by the village by 36 any legal means. 37 38 (b) Apportionment. Chronic nuisance service costs shall be entirely 39 apportioned to the assessed real property receiving the chronic nuisance service. 40 41 Sec. 14-99. Establishment of costs; billing of costs; assessment of lien. 42 43 (a) Chronic nuisance service costs. All chronic nuisance service costs 44 shall be established based upon the actual costs incurred by the village. 45 46 Page 13 of 15 (b) Billing of chronic nuisance service costs. The village shall bill all 1 chronic nuisance service costs to the owner of the chronic nuisance property by first 2 class mail to the address listed on the ad valorem tax roll or the property appraiser’s 3 database. The bill shall contain at least the following information: 4 5 (1) The address and parcel control number of the chronic nuisance 6 property; 7 8 (2) The date of each chronic nuisance service; 9 10 (3) A description of each chronic nuisance service; 11 12 (4) The amount of the bill for each chronic nuisance service; 13 14 (5) A statement that the total amount of the bill shall be paid to the 15 village within thirty (30) days from the date of the bill and that any 16 chronic nuisance service cost which has not been paid within thirty 17 (30) days from the date of the bill shall be delinquent; and 18 19 (6) A statement that any unpaid chronic nuisance service costs will be 20 levied against the property as a lien superior to all other private 21 rights; interests, liens, encumbrances, title and claims upon the 22 property and equal in rank and dignity with a lien for ad valorem 23 taxes. 24 25 (c) Assessment of lien. The total amount of the bill shall be paid to the 26 village within thirty (30) days from the date of the bill. Unless payment is made 27 within thirty (30) days from the date of the bill, the village council may, by the 28 adoption of a resolution levying such charges, assess against the property a lien in 29 the amount of the charges outstanding, or such lesser amount as the village council 30 shall decide is just and fair. Assessment of liens levied in this manner shall be filed 31 in the office of the village clerk and in the public records of the county as a lien 32 against the property and shall be prior in dignity to all other liens against the 33 property, save and except a lien for taxes. Such assessments shall bear interest at 34 the legal rate and such liens may be foreclosed in the same manner in which 35 mortgage liens are foreclosed. All costs, fees and expenses, including reasonable 36 attorney fees and title search expenses, related to any foreclosure action shall be 37 included in any judgment or decree rendered. 38 39 Sec. 14-100. Method of notice; construction. 40 41 (a) Notice. Unless otherwise provided, notice required by this article shall 42 be by hand delivery or certified mail, return receipt requested, and by first-class 43 mail to the address listed on the ad valorem tax roll or property appraiser’s database. 44 45 Page 14 of 15 (b) Construction of notice. A property owner shall be deemed to have 1 notice of a nuisance activity if that property owner: 2 3 (1) has actual knowledge of the nuisance activity; 4 5 (2) has received notice of the nuisance activity; 6 7 (3) has reason to know or should know about the nuisance activity; 8 9 (4) knows about a fact related to the nuisance activity; or 10 11 (5) is able to ascertain the existence of a nuisance by checking an 12 official filing or recording. 13 14 (c) Lack of knowledge or participation. The lack of knowledge of, 15 acquiescence, or participation in, or responsibility for a nuisance activity on the part 16 of property owner shall not be a defense to any enforcement of this article. 17 18 Sec. 14-101. Change in title to chronic nuisance property. 19 20 (a) Purchase of judicial sale upon final judgment of foreclosure. Every 21 purchaser of a chronic nuisance property at judicial sale upon final judgment of 22 foreclosure shall provide the village with an action and implement an action plan 23 no later than forty-five (45) days from the date of the sale. 24 25 (b) Receivership. Every trustee of a chronic nuisance property appointed 26 after the entry of a chronic nuisance service order shall provide the village with an 27 action plan and implement the action plan no later than forty-five (45) days from 28 the date of appointment of receiver in any state or federal action at law. 29 30 (c) Probate. Every personal representative of an owner of a chronic 31 nuisance property shall provide the village with an action plan and implement an 32 action plan no later than forty-five (45) days from the date of appointment. If the 33 owner of the chronic nuisance property died intestate, beneficiaries of the estate 34 shall be required to provide the village with an action plan and implement an action 35 plan. 36 37 (d) Other changes in title to chronic nuisance property. An arms-length 38 purchaser of a chronic nuisance property that has purchased the property after entry 39 of a chronic nuisance service order for the property shall have forty-five (45) days 40 from the date of closing or recording of the order, whichever occurs last, to provide 41 the village with an action plan and implement the action plan. 42 43 Page 15 of 15 Sec. 14-102. Construction of article. 1 2 (a) Imposition of administrative fines. This article shall not be construed 3 to limit the village from imposing administrative fines in accordance with chapter 4 2, article VI, of this Code. 5 6 (b) Nuisance abatement. This article shall not be construed to conflict 7 with the public nuisance abatement process in accordance with chapter 14, article 8 IV, of this Code. 9 10 (c) Exemptions. This article shall not be construed to apply to property 11 owned by the village or any other governmental entity. 12 13 Section 4. The provisions of this Ordinance shall become and be made a part of the Code of 14 the Village of North Palm Beach, Florida. 15 16 Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 17 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 18 such holding shall not affect the remainder of this Ordinance. 19 20 Section 6. All ordinances or parts of ordinances and resolutions or parts of resolutions in 21 conflict herewith are hereby repealed to the extent of such conflict. 22 23 Section 7. This Ordinance shall take effect immediately upon adoption. 24 25 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2020. 26 27 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 28 2020 29 . 30 31 32 (Village Seal) 33 MAYOR 34 35 ATTEST: 36 37 38 VILLAGE CLERK 39 40 APPROVED AS TO FORM AND 41 LEGAL SUFFICIENCY: 42 43 44 VILLAGE ATTORNEY 45 46 VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Council FROM: Andrew D. Lukasik, Village Manager DATE: July 9, 2020 SUBJECT: RESOLUTION – Authorization of final Payment for Additional Services associated with the North Palm Beach Country Club Project to Peacock & Lewis Architects and Planners, LLC in the amount of $147,436.76. Village staff is recommending Village Council’s approval of a final payment to Peacock & Lewis in the amount of $116,114.38 for additional services associated with and included as part of the North Palm Beach Country Club Project. Additionally, staff is recommending a payment that will address an additional scope of work performed by Simmons and White in the amount of $31,322.38. Scope of Work for Payment: The services covered in this final payment include design services associated with the temporary trailers and a second round of value engineering that occurred after the Village entered into an agreement with Weitz Construction. The work performed by Peacock & Lewis consisted of complete set of plans for the temporary facilities that was mandated by the Village’s Building Official. These plans are not typical of a construction project and exceeded the scope agreed upon by the Village Manager and Peacock & Lewis early in the design process. Peacock & Lewis participated in the value engineering initiative that took place after Weitz Construction began a review of the plans in the spring of 2018. This was not included in the original scope of work and was in addition to value engineering work that was completed in the summer of 2017, which was a part of the original contract. Additionally, the work performed by Simmons and White was related to engineering services necessary to certify the project with the different agencies outside the Village. All of these services were a direct result of the project substantial completion date being pushed several months. Amount in Dispute: Village staff met with both Peacock & Lewis and Simmons & White to discuss submitted invoices for the additional services described above. The invoiced amount of $288,256.00 was in dispute. As a result, Village staff and the principals in both firms have worked to address the disputed amount by reducing it by 50% to bring the amount owed by the Village to $147,436.76. Account Information: Fund Department Account Number Account Description Amount Capital Projects Country Club Clubhouse Project K7600-66210 Construction and Major Renovation $147,436.76 A required budget amendment will be prepared at the completion of the Clubhouse Project. The attached Resolution has been prepared and reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff Requests Council consideration and adoption of the attached Resolution approving a payment to Peacock & Lewis Architects and Planners, LLC for additional services delivered as part of the North Palm Beach Country Club Project in the amount of $147,436.76 (inclusive of a payment to Simmons and White of $31,322.28), with funds expended from Account No. K7600- 66210 (Country Club Project – Construction and Major Renovation, in accordance with Village policies and procedures. RESOLUTION 2020-___ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FINAL PAYMENT TO PEACOCK + LEWIS ARCHITECTS AND PLANNERS, LLC FOR ADDITIONAL DESIGN SERVICES RELATING TO THE COUNTRY CLUB CLUBHOUSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 2016-83 on November 10, 2016, the Village Council approved an Agreement for Final Schematic Design through Construction Administration Services with Peacock + Lewis Architects and Planners, LLC (“Peacock + Lewis”) for the new North Palm Beach Country Club facility; and WHEREAS, through the adoption of Resolution 2017-99 on October 26, 2017, the Village Council approved an Agreement for Additional Architectural and Design Services based on changes to the design concept initiated by the Village, as well as an additional payment for conceptual design services; and WHEREAS, the Village wishes to compensate Peacock + Lewis for additional design services relating to preparing a complete set of plans relating to the temporary facilities and for value engineering services, as well as compensate its subconsultant, Simmons and White, Inc., for additional necessary to certify the project with outside agencies; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and are incorporated herein. Section 2. The Village Council hereby approves a final payment to Peacock + Lewis Architects and Planners, LLC in the amount of $147,436.76 ($116,114.38 to Peacock + Lewis and $31,322.38 to Simmons and White) for additional design services for the new Clubhouse, with funds expended from Account No. K7600-66210 (Country Club Project – Construction/Major Renovation – Contractual Services). Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Clubhouse Project SummaryBudget:Loan $15,000,000Country Club 227,818 GF Unassigned Fund Balance 3,922,527 Total Budget $19,150,345Less Expenses (includes open p.o.'s):DescriptionAmountArchitect1,350,166Architect ‐ Addt'l Services #181,650Architect ‐ Addt'l Services #2102,538Fiscal Year Cash Dividend Interest TotalArchitect ‐ Addt'l Services #3147,4372017$19,471 $46,652$66,123Architect ‐ Master Plan227,8182018132,195 120,284 252,479 Bag Storage System18,770201997,465 132,631 230,097 Construction Mgr339,6152020‐ 213 213 Farmers Table166,760Grand Total$249,131 $299,780$548,911FPL25,712Furniture, Fixtures & Equipment230,061Loan Financing40,483ProjectAmountMaterial Testing 114,943 Employee Parking Lot $71,381Miscellaneous 20,688Brightview ‐ Materials & Repair Tee Boxes35,820Permit / Application / License Fees147,663Cart Paths 51,266Pool86,605Pool Equipment w/ installation82,452Restroom & Shower Trailers18,058Brightview ‐ Replace Sod6,848Signage23,734Pool Drain Work19,834Synthetic Turf15,447Precision (Additional Landscaping)22,404Technology249,171Relocation of Force Main43,090Temporary Facilities428,689Marquee Sign (*)$42,000Weitz12,411,372Total Interest Earnings' Projects (375,096)Weitz DPO3,021,298Weitz Pre‐Construction27,500Total Expenses(19,296,179) Balance ‐ Clubhouse Project($145,834)Balance ‐ Interest Earnings' Projects$173,815(*) Marquee signBalance ‐ Clubhouse Project ($145,834)VendorQuoteBalance ‐ Interest earnings projects $173,815Art Sign 62,062Balance before CIP budget amendment $27,981 Bennet 41,700Budget Amendment to CIP (80,000) Ferrin 29,764Net Available (*) ($52,019)ASG 34,344(*) Budget amendment will be prepared at project completion if necessaryInterest Earnings & ProjectsInvestment of Clubhouse Loan ProceedsTotal $$ AvailableProject not yet approved by Council; $42k estimate used based on 4 vendor quotes Updated 6/30/2020 June 25, 2020 Village of North Palm Beach Strategic Planning Workshop –Strategic Project Ranking Trainnovations® Moving from Better to Brilliant Projects that provide real value to the community should… • Secure or maintain the quality of the Village, • Promote livability for Village residents, • Support financial, environmental, and culture sustainability of the Village, and • Provide for finding more effective, resource-efficient ways of managing the Village. Vision North Palm Beach will be known for our unparalleled amenities and innovative approach to meeting the needs of our safe and secure community through continuous improvement in infrastructure and service delivery as identified by our stakeholders. Mission We sustain North Palm Beach as the “best place to live under the sun” through: Superior services Timeless traditions Quality amenities Values Our People: We care about our people and actively advocate diversity, safety, and personal growth. Continuous Improvement: We are committed to excellence and professionalism. Integrity: We are transparent, honest, ethical, and have mutual respect for all people. Strategic Goals All Neighborhoods as Desirable Places to Live Any place in the Village will be a place where we and our families would want to live. Neighborhoods should be safe, secure, and provide quality of life. Mobility Providing multimodality mobility options throughout the village including pedestrian, bike, golf cart, and roadways. Financial Sustainability Allowing the Village to thrive over the long term through a diversified tax-base and management of all organizational resources. Beautification and Quality of Life Maintaining and improving Village aesthetics and our standards of services delivered. Strong Local Economy Managing redevelopment, serving our existing businesses and recruiting new businesses. Organizational Excellence Our ongoing efforts to deliver services that fulfill our community’s requirements and expectations. Community Outreach Engaging our community by connecting ideas and services and staying relevant to the community. Waterways and Recreation Improving access to our waterways and maintaining waterways as a unique asset. Providing recreation opportunities and amenities for residents. June 25, 2020 Village of North Palm Beach Strategic Planning Workshop –Strategic Project Ranking Trainnovations® Moving from Better to Brilliant Council – willing to invest in community, willing to fund it Village manager is experienced Staff/department collaboration and coordination “Mayberry like”, Garbage services New Anchorage Park – Marina club house Recreation activities and programs Youth programming using Library Low crime rate IT security awareness best in state Talented and educated citizenry on boards and committees Clubhouse/Facilities Annexation Contract some services to Vendors Creating a golf cart community Engage Waterfront Small Town Feel – Quality of Life Clubhouse/Facilities – increase services Mobility Improvements New focus on environment Location – Close to PGA Implementation of Master Plan New code, incentives, hotels, mixed use, Camelot, Twin City Deferred (latent) maintenance Lack of space for operations Aging infrastructure/Facilities/Equip Revenues not keeping pace w/demands Reliance on residential tax base Fees not commensurate with services delivered Processes don’t support efficient and effective work Lack of staff training & cross-training Mission Creep Staff resistance to change Inability to fill positions with qualified individuals Employee turnover and retention Code – Zoning code outdated Sanitation equity Aging buildings (private) Northlake Blvd. capacity Climate Change Competition - PGA corridor Locational challenge Community Demands/Expectations & entitlement Resistance to change Crime from adjacent communities Dissolving Home rule Labor Market– Recruitment Coronavirus Millage Rate Recession NPBCC financial uncertainty Unfunded Mandates June 25, 2020 Village of North Palm Beach Strategic Planning Workshop –Strategic Project Ranking Trainnovations® Moving from Better to Brilliant HVHVHV IDENTIFYING PROJECT VALUES Start Does this project need to be done at all? Indirect Customer Link? Direct Customer Link? High Value Consider funding earlier rather than later Medium Value Consider funding in 3-5 years Eliminate If a need arises in the future these can be brought back for evaluation. yes yes yes no no no •Is it much desired by the majority of Village? •Does it increase satisfaction? •Does it link directly to the Strategic Goals? •Is it timely-it needs to be done in the next year or two? •Is it desired by a portion of Village? •Does it increase satisfaction? •Does it link indirectly to the Strategic Goals? •Does it need to be done in 3 – 5 years? Required by Law? no MVMVMV NVNVNV Low Value Consider eliminating or moving out several years LVLVLV •Not needed, desired, or necessary at this time? •Does it increase satisfaction? •No linkage to the Strategic Goals. yes •Is it nice to have, but not necessary? •Does it indirectly link, or has no linkage, to the Strategic Goals? •Can it be done anytime? Vision, Mission, Values Strategic Goals SWOT Citizen/Business Surveys Project Project Description Cell Council Priority (Higher is better, range 1 -4) Project# Short Description Strategic Goal Long Description Council Ranking Area Indicate your value assessment by placing a under your initials column. Value Identifier Indicates the perceived community value of the project. Rank each project according to its value to the community. •Identify any projects that should be “Eliminated”. What shouldn’t we be doing? •If it should be done, what is its perceived value: High, Medium, Low? Under your initials. •If you don’t have enough information to rank a project, place a question mark ( ) beside your initials. Priority 3.33 19-07 Update Residential Zoning Codes All Neighborhoods as Desirable Places to Live Review, revise, and update Residential Zoning Codes SB MM DA DN DS High Medium Low Eliminate Priority 3.17 20-08 Development of a waterfront neighborhoods and commercial improvement plan. Waterfront master plan. All Neighborhoods as Desirable Places to Live North Lake Area Redevelopment opportunities: assessment of multifamily housing stock, consider redevelopment opportunities, rewrite the Code to encourage redevelopment, provide a Riverwalk/boardwalk, and activate the waterfront. SB MM DA DN DS High Medium Low Eliminate Priority 2.83 19-41 New LED street & pedestrian lighting All Neighborhoods as Desirable Places to Live Work with FPL to implement new LED street and pedestrian lighting and turnover maintenance to FPL SB MM DA DN DS High Medium Low Eliminate Priority 2.50 19-24 License plate recognition deployment. All Neighborhoods as Desirable Places to Live Increase LPR (license plate recognition) deployment. SB MM DA DN DS High Medium Low Eliminate Priority 2.33 19-34 Develop a Neighborhood Plan All Neighborhoods as Desirable Places to Live Develop a Neighborhood Plan; focus on engaging neighborhood leaders to identify priorities. SB MM DA DN DS High Medium Low Eliminate Priority 1.83 19-15 Develop reasonable-cost housing plan All Neighborhoods as Desirable Places to Live Develop a plan to increase availability of reasonable- cost housing in accordance with the Master Plan SB MM DA DN DS High Medium Low Eliminate Priority 4.00 19-55 Finalization of boat & RV ordinance Beautification and Quality of Life Finalization of boat and RV ordinance SB MM DA DN DS High Medium Low Eliminate Priority 3.67 19-11 Code Compliance Process Improvements Beautification and Quality of Life Code Compliance - Identify Process Improvements to be more effective. Need to be more proactive instead of reactive SB MM DA DN DS High Medium Low Eliminate Priority 3.50 19-49 US 1 Bridge Replacement Plan Beautification and Quality of Life US 1 Bridge Replacement/ Improvement Plan; collaborate with FDOT SB MM DA DN DS High Medium Low Eliminate Priority 3.33 19-50 Prosperity Farms Rd bridge improvements Beautification and Quality of Life Prosperity Farms Road/bridge improvements in accordance with the Master Plan; collaborate with Palm Beach County SB MM DA DN DS High Medium Low Eliminate Priority 3.20 19-45 Country Club construction/landscaping Beautification and Quality of Life New Country Club construction/landscaping SB MM DA DN DS High Medium Low Eliminate Priority 3.00 19-12 Green/Sustainable Policy & Plan Beautification and Quality of Life Environmental - Need more Green/Sustainable Initiatives. Policy and plan need to be developed. SB MM DA DN DS High Medium Low Eliminate Priority 3.00 19-44 Marina Drive Streetscape Improvements Beautification and Quality of Life Marina Drive Streetscape Improvements SB MM DA DN DS High Medium Low Eliminate Priority 2.83 19-47 Beautification Program Beautification and Quality of Life Village Wide Beautification Program in accordance with the Master Plan SB MM DA DN DS High Medium Low Eliminate Priority 2.67 19-37 East Alleyway wall replacement Beautification and Quality of Life East Alleyway wall replacement. Use same design as Anchorage Park Dry Storage area. SB MM DA DN DS High Medium Low Eliminate Priority 2.50 19-28 Update Sign Code Beautification and Quality of Life Update Sign Code. Policy decision needed for aesthetic (commercial) components. SB MM DA DN DS High Medium Low Eliminate Priority 2.50 19-51 Prosperity Farms Rd Corridor Improvements Beautification and Quality of Life Prosperity Farms Road Corridor Improvements in accordance with the Master Plan SB MM DA DN DS High Medium Low Eliminate Priority 2.40 20-02 Infrastructure redevelopment strategy for US1 corridor Beautification and Quality of Life Develop a beautification project for US1 after the lane repurposing pilot project for US1 is completed. SB MM DA DN DS High Medium Low Eliminate Priority 1.67 19-62 Purchase more land for green space/public use. Beautification and Quality of Life Environmental - Take opportunities to purchase more land for green space/public use. SB MM DA DN DS High Medium Low Eliminate Priority 1.33 19-29 Mobile Library service Beautification and Quality of Life Develop mobile Library service to residents who are unable to visit the Library (or other departments) because of age, disability, illness, or significant transportation issues SB MM DA DN DS High Medium Low Eliminate Priority 3.17 19-01 Marketing & Branding Community Outreach Village Marketing and Branding Program SB MM DA DN DS High Medium Low Eliminate Priority 1.83 19-02 Citizen outreach program Community Outreach Develop citizen outreach program (North Palm Beach University) for citizens to engage with village government SB MM DA DN DS High Medium Low Eliminate Priority 3.83 20-05 Sanitation Commercial Fee Structure Financial Sustainability Commercial fee structure needs to be revised to a more equitable system/formula. SB MM DA DN DS High Medium Low Eliminate Priority 3.67 19-16 Country Club R&R fund Financial Sustainability Develop a plan for the establishment of a Country Club R&R fund SB MM DA DN DS High Medium Low Eliminate Priority 3.67 19-18 Country Club Strategic Plan Financial Sustainability Country Club - Insure viability of country club and restaurant. Develop Strategic Plan that includes marketing, management, fees. SB MM DA DN DS High Medium Low Eliminate Priority 3.50 19-35 Stormwater Master Plan Financial Sustainability Develop a Stormwater Master Plan including: -Fees and improvements -Enterprise fund creation SB MM DA DN DS High Medium Low Eliminate Priority 3.50 19-61 Aggressively pursue Annexation. Financial Sustainability Aggressively pursue Annexation. SB MM DA DN DS High Medium Low Eliminate Priority 3.00 19-54 Undergrounding power lines, 5G, Natural Gas Financial Sustainability Development of plan for Undergrounding power lines/5G technologies/Natural Gas - could be a profit center. Provides hardening. Staff to pursue partnering opportunities. SB MM DA DN DS High Medium Low Eliminate Priority 3.00 20-06 Sanitation Residential Fee Implemented Financial Sustainability Investigate implementing a residential fee to support Sanitation operations and vehicle purchases. SB MM DA DN DS High Medium Low Eliminate Priority 2.83 19-20 CIP for Golf Course Financial Sustainability Develop CIP for Golf Course SB MM DA DN DS High Medium Low Eliminate Priority 2.67 19-21 Fees to reduce reliance on ad valorem taxes Financial Sustainability Develop a white paper to identify and evaluate possible new fees based on services provided in order to reduce overall reliance on ad valorem taxes. SB MM DA DN DS High Medium Low Eliminate Priority 3.33 19-08 Alley Improvements Mobility Develop Plan for Alley Improvements; maintenance and multi-purpose design SB MM DA DN DS High Medium Low Eliminate Priority 3.33 19-10 Lighthouse Drive Bridge Replacement & Traffic Calming Mobility Lighthouse Drive Bridge Replacement and Traffic Calming; Traffic Calming in accordance with the Master Plan SB MM DA DN DS High Medium Low Eliminate Priority 3.17 19-06 Policy decision for lane repurposing for the US1. Mobility Policy decision for lane repurposing on US1 in accordance with the Master Plan; recommend implementation of a pilot program in late 2020 for decision to FDOT by June 2021. SB MM DA DN DS High Medium Low Eliminate Priority 2.50 19-09 Bicycle Network Plan Mobility Village Wide Bicycle Network Plan. Recreation Trail Connection and Lighting (e.g. Country Club Drive) SB MM DA DN DS High Medium Low Eliminate Priority 1.00 19-52 Event-Based Water Taxi Service Mobility Event-Based Water Taxi Service in accordance with the Master Plan SB MM DA DN DS High Medium Low Eliminate Priority 3.50 20-04 Sanitation Ordinance Revision Organizational Excellence Sanitation Code Revisions to fix inaccuracies, gaps; improve sanitation services to maintain the level of service (5/week) that the residents expect. Current code is incorrect and missing key elements. SB MM DA DN DS High Medium Low Eliminate Priority 3.50 20-14 Provide online permitting, inspections, planning, and code enforcement. Organizational Excellence Implement enterprise software to automate Community Development processes: Permitting, Inspections, Planning, and Code Enforcement SB MM DA DN DS High Medium Low Eliminate Priority 3.33 20-07 Country Club Generator Organizational Excellence Country Club has a generator plug but no generator. Due to the high structural integrity of the building it can be used during states of emergencies if it has a generator. SB MM DA DN DS High Medium Low Eliminate Priority 3.17 19-56 Process refinement (Work Innovations) Organizational Excellence Process refinement: Audit comments to drive project selection and/or payroll process SB MM DA DN DS High Medium Low Eliminate Priority 3.00 19-26 Efficient financial software Organizational Excellence More efficient financial software and processes to eliminate/reduce manual work. SB MM DA DN DS High Medium Low Eliminate Priority 2.60 20-15 Public Work Complex Construction & Move Organizational Excellence Old Public Works Complex is outdated, too small, not very functional, and located next to a Single Family Residential zone. SB MM DA DN DS High Medium Low Eliminate Priority 2.33 19-57 Charter Review Process Organizational Excellence Initiate Charter Review Process including discussing changes to Council terms SB MM DA DN DS High Medium Low Eliminate Priority 3.83 19-05 Re-write code to be more business friendly Strong Local Economy Develop a form-based code to encourage redevelopment consistent with the Master Plan. SB MM DA DN DS High Medium Low Eliminate Priority 3.67 19-48 Commercial Business initiatives: Plan Strong Local Economy Commercial Business Initiatives: Reconstitution of business advisory board. Development of Recruitment and Retention strategies for businesses. SB MM DA DN DS High Medium Low Eliminate Priority 3.33 19-13 Twin City Mall Redevelop Strong Local Economy Twin City Mall regulatory framework to redevelop site in accordance with the Master Plan. SB MM DA DN DS High Medium Low Eliminate Priority 2.80 19-60 NPB/PBG Congress Ave Industrial District Strong Local Economy NPB/Palm Beach Gardens Coordination for Congress Avenue Industrial District SB MM DA DN DS High Medium Low Eliminate Priority 2.50 19-27 Safe cities (Deploy Village owned fiber) Strong Local Economy Safe cities (Deploy Village owned fiber) SB MM DA DN DS High Medium Low Eliminate Priority 3.83 20-16 Lakeside Park Seawall replacement Waterways and Recreation The seawall is clearly at or near the end of its useful life, and could suffer a structural failure at any time. The southeast seawall is in very poor condition. Repair is not feasible. SB MM DA DN DS High Medium Low Eliminate Priority 3.50 20-01 Anchorage Park Enhancement (Dry Storage) Waterways and Recreation Renovate dry storage area with new wall, resurface parking, striping, and trailer parking. SB MM DA DN DS High Medium Low Eliminate Priority 3.20 19-46 Swimming pool improvements Waterways and Recreation Swimming pool improvements SB MM DA DN DS High Medium Low Eliminate Priority 3.17 19-30 PR Master Plan: Needs assessment Waterways and Recreation Develop a Needs Assessment to identify and evaluate recreation programs and facilities desired by the community SB MM DA DN DS High Medium Low Eliminate Priority 3.17 20-03 Pond restoration Waterways and Recreation Solidify banks of ponds and beautify littoral shelf with plants SB MM DA DN DS High Medium Low Eliminate Priority 3.17 20-20 Pool Slide purchase Waterways and Recreation Purchase and installation of a pool slide to enhance pool amenities. SB MM DA DN DS High Medium Low Eliminate Priority 3.00 19-14 Impervious area control plan Waterways and Recreation Environmental -- Need an impervious area plan to control water quality and runoff. SB MM DA DN DS High Medium Low Eliminate Priority 3.00 19-17 Pool & Tennis Management Waterways and Recreation Structure of Pool & Tennis Management need to be redefined. Tennis and pool review and determine best structure to maximize profitability and reduce costs.(Pool management completed FY20). SB MM DA DN DS High Medium Low Eliminate Priority 3.00 19-31 Reconstruction of Anchorage Park South Marina Waterways and Recreation Reconstruction of Anchorage Park South Marina seawall only. No dock replacement. SB MM DA DN DS High Medium Low Eliminate Priority 3.00 20-17 Monet Road Seawall Waterways and Recreation The seawall on Canal Road is showing visual signs of aging. A seawall failure could impact or obstruct the abutting canal and cause the loss of the park peninsula and observation area. SB MM DA DN DS High Medium Low Eliminate Priority 3.00 20-18 Pool Deck Cabana Rentals Waterways and Recreation Purchase and installation of 4-6 covered cabanas around pool deck to enhance “resort” feel. SB MM DA DN DS High Medium Low Eliminate Priority 2.67 20-09 Submersible Swim walls Waterways and Recreation Swim Wall Acquisition. Provides pool flexibility to effectively create more usable space for a wide variety of aquatic activity through the use of a new wall system. SB MM DA DN DS High Medium Low Eliminate Priority 2.67 20-10 Cover Shot Waterways and Recreation Purchase a driving range cover that provides shade/cover from weather to expand teaching and practice facility services SB MM DA DN DS High Medium Low Eliminate Priority 2.60 20-11 Members Short Game area Waterways and Recreation Rebuild members short game area SB MM DA DN DS High Medium Low Eliminate Priority 2.50 19-32 Lakeside Park Trail Project Waterways and Recreation Lakeside Park Trail Project SB MM DA DN DS High Medium Low Eliminate Priority 2.50 19-59 Earman River/Boardwalk Waterways and Recreation Earman River/Boardwalk identified in Master Plan. SB MM DA DN DS High Medium Low Eliminate Priority 2.50 20-19 Inflatables for Parties/Special Events Waterways and Recreation Purchase inflatables to rent for private parties & special events and/or use for Village events. SB MM DA DN DS High Medium Low Eliminate Priority 2.00 20-12 Fitness Center Waterways and Recreation Fitness Center development: addition to tennis or pool area. SB MM DA DN DS High Medium Low Eliminate Priority 1.67 20-13 Waterfront Tiki Bar Waterways and Recreation Tiki bar on ICW: Partnership with Farmer's Table. SB MM DA DN DS High Medium Low Eliminate