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04-08-2021 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, APRIL 08, 2021 501 U.S. HIGHWAY 1 7:30 PM Darryl C. Aubrey Deborah Searcy Mark Mullinix Susan Bickel David B. Norris Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk In accordance with Palm Beach County Emergency Order Number 28, to the extent not in conflict with applicable laws, all individuals, businesses and establishments are required to adhere to all applicable social distancing guidelines issued by the Centers for Disease Control and Prevention ("CDC"). In order to reduce the spread of COVID-19, the CDC recommends that all persons continue to social distance by staying at least six feet away from other people who are not a part of their household in both indoor and outdoor spaces. Consequently, given the limited space within the Village Council Chambers, the Village of North Palm Beach shall utilize communications media technology to facilitate and encourage public participation in this meeting electronically, via internet access or telephone. The Village is physically reintroducing the public to its meetings while adhering to CDC guidelines. A limited number of members of the public – approximately 25 people -- will be able to participate in the Library’s Obert Room. Access to the Obert Room during the Council meeting will be on a first come, first served basis. 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/83476720500?pwd=MVp3Q0JPS0c2bm1mTGN0SjdFVlVaUT09 Meeting ID: 834 7672 0500 Passcode: 785031 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 834 7672 0500 Passcode: 785031 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 Form. Public comments can also be made by leaving a voice message at 561-904-2126. All public comments will be read into the record at the Public Comment portion of the meeting. Regular Session Agenda, April 08, 2021 Page 2 of 3 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held March 25, 2021 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card 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. MOTION – DIMENSIONAL EXCEPTION APPLICATION FOR 2526 HONEY ROAD Consider a motion to approve or deny the Dimensional Exception Application for a Recreational Vehicle located at 2526 Honey Road. 3. MOTION – DIMENSIONAL EXCEPTION APPLICATION FOR 756 BUTTONWOOD ROAD Consider a motion to approve or deny the Dimensional Exception Application for a Recreational Vehicle located at 756 Buttonwood Road. 4. 1ST READING OF ORDINANCE 2021-06 – CODE AMENDMENT – GOLF CARTS Consider a motion to adopt on first reading Ordinance 2021-06 amending Chapter 18, "Motor Vehicles and Traffic," of the Village Code of Ordinances by adopting a New Article IV, "Golf Carts;" to allow golf carts to be driven upon streets within the Village's jurisdiction. CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 5. Receive for file Minutes of the Library Advisory Board meeting held 2/23/21. 6. Receive for file Minutes of the Audit Committee meeting held 3/8/21. 7. Receive for file Minutes of the Infrastructure Surtax Oversight Committee meeting held 3/16/21. 8. RESOLUTION – Approving the sole source purchase of one Holmatro Extrication Combi-Tool Package from Purchase Point Equipment Supply LLC at a total cost of $19,271; and authorizing the Amendment of the Capital Fund Budget to fund the purchase. Regular Session Agenda, April 08, 2021 Page 3 of 3 OTHER VILLAGE BUSINESS MATTERS 9. RESOLUTION – AMENDING RESOLUTION 37-78 TO ASSIGN THE VILLAGE HISTORIAN POSITION Consider a motion to adopt a resolution amending Resolution No. 37-78 to assign a staff member to perform the functions of the Village Historian. 10. RESOLUTION – SEAWALL CONSTRUCTION AGREEMENT Consider a motion to adopt a resolution approving an Agreement with Donna and Jeffrey Palumbo for the construction of seawall adjacent to the North Palm Beach Country Club Golf Course; and authorizing execution of the Agreement. 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 MARCH 25, 2021 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 March 11, 2021 were approved as written. RESOLUTION 2021-21 – ACCEPTING ELECTION RESULTS A motion was made by Councilmember Aubrey and seconded by Vice Mayor Mullinix to adopt Resolution 2021-21 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING AND DECLARING THE RESULTS OF THE MARCH 9, 2021 GENERAL ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2021-21 passed unanimously. ADMINISTRATION OF COUNCILMEMBER OATHS Village Clerk Jessica Green administered the Oath of Office to re-elected councilmembers Susan Bickel and David Norris. Said Oaths are attached to the official Minutes of Record. COUNCIL REORGANIZATION Mayor Bickel opened the floor to nominations for the office of Mayor. Deborah Searcy nominated Darryl Aubrey for Mayor. With no other nominations for Mayor, Darryl Aubrey was declared Mayor. Susan Bickel nominated Deborah Searcy for Vice Mayor. Mark Mullinix nominated David Norris for Vice Mayor. David Norris declined the nomination for Vice Mayor. With no other nominations for Vice Mayor, Deborah Searcy was declared Vice Mayor. Susan Bickel nominated Mark Mullinix for President Pro Tem. With no other nominations for President Pro Tem, Mark Mullinix was declared President Pro Tem. Thereafter, the names of Darryl Aubrey, Deborah Searcy, and Mark Mullinix were entered into Resolution 2021-22. Draft Minutes of Village Council Meeting held March 25, 2021 Page 2 of 6 RESOLUTION 2021-22 – APPOINTING COUNCIL OFFICERS A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to adopt Resolution 2021-22 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING THE MAYOR, VICE MAYOR AND PRESIDENT PRO TEM FOR THE UPCOMING YEAR; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2021-22 passed unanimously. Village Clerk Jessica Green administered the Oath of Office to Mayor Aubrey, Vice Mayor Searcy, and President Pro Tem Mullinix. Said Oaths are attached to the official Minutes of Record. There were no ex-parte communications declared for the next three items. DIMENSIONAL EXCEPTION APPLICATION FOR 909 EUCALYPTUS ROAD Principal Planner Alex Ahrenholz explained and described the applicant’s recreational vehicle location, its dimensions and the dimensions of the property. Mr. Ahrenholz showed pictures of the recreational vehicle, its screening and its location. Mr. Ahrenholz stated that staff was recommending approval of the dimensional exception request with the condition that if any of the trees or shrubs on adjacent properties that were currently providing screening were removed, that they be replaced on the applicant’s property or neighboring property within six months of removal. A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Searcy to approve the Dimensional Exception Application for 909 Eucalyptus Road subject to the condition recommended by staff. Thereafter, the motion was approved unanimously. DIMENSIONAL EXCEPTION APPLICATION FOR 2526 HONEY ROAD Mr. Ahrenholz stated that the Dimensional Exception Application for 2526 Honey Road would not be heard since the applicant had not done the noticing requirements in time. Mr. Ahrenholz stated that the application would be heard at the next Council meeting on April 8th. PUBLIC HEARING ON FILL PERMIT APPLICATION TO INSTALL FILL AND CREATE SEAWALL AT 508 ANCHORAGE DRIVE Mr. Lukasik stated that the public hearing on the fill permit application would need to be continued to the April 22nd Council meeting in order to give the Environmental Committee the opportunity to review the application. A motion was made by Vice Mayor Searcy and seconded by Councilmember Bickel to continue the public hearing on the permit application to install fill and create a seawall at 508 Anchorage Drive to be heard at the Council meeting on April 22, 2021. Thereafter, the motion was approved unanimously. Draft Minutes of Village Council Meeting held March 25, 2021 Page 3 of 6 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2021-05 CODE AMENDMENT – CANDIDATE QUALIFYING PERIOD A motion was made by Councilmember Norris and seconded by Councilmember Bickel to adopt and enact on second reading Ordinance 2021-05 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 10, “ELECTIONS,” ARTICLE I, “IN GENERAL,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 10-5, “CANDIDATES FOR OFFICE; QUALIFYING,” TO AMEND THE QUALIFYING DATES FOR THE VILLAGE’S GENERAL ELECTION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Jessica Green stated that the ordinance was passed on first reading at the previous Council meeting. Mrs. Green stated that the Palm Beach County Supervisor of Elections requested that the Village move its qualifying period to an earlier time frame in order for them to have sufficient time to prepare, create, print and mail vote-by-mail ballots. The ordinance would change the Villages current qualifying period from the first seven business days of January to the first seven business days of December. Mayor Aubrey opened the public hearing on the Candidate Qualifying Period ordinance. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2021-05 passed unanimously. CONSENT AGENDA Item 11 was removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, the Consent Agenda, as amended, was approved unanimously. The following items were approved: Receive for file Minutes of the Golf Advisory Board meeting held 1/18/21. Receive for file Minutes of the Environmental Committee meeting held 2/8/21. RESOLUTION 2021-23 – BLANKET PURCHASE ORDER FOR SIDEWALK REMOVAL, REPLACEMENT & REHABILITATION WORK A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Searcy to adopt Resolution 2021-23 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A BLANKET PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $38,000.00 WITH FLYING SCOT, INC. FOR SIDEWALK REMOVAL AND REPLACEMENT AND REHABILITATION WORK ON LIGHTHOUSE DRIVE UTILIZING PRICING ESTABLISHED IN AN EXISTING CITY OF PALM BEACH GARDENS CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose of the resolution. Mr. Lukasik stated that the purchase order would exceed the original amount of $11,000 due to additions that needed to be made to the original scope of work. The new amount of the purchase order would be $38,000. Draft Minutes of Village Council Meeting held March 25, 2021 Page 4 of 6 RESOLUTION 2021-23 – BLANKET PURCHASE ORDER FOR SIDEWALK REMOVAL, REPLACEMENT & REHABILITATION WORK continued Thereafter, the motion to adopt Resolution 2021-23 passed unanimously. RESOLUTION 2021-24 – FISCAL YEAR 2020 ANNUAL FINANCIAL REPORT A motion was made by Councilmember Norris and seconded by Vice Mayor Searcy to adopt Resolution 2021-24 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT PREPARED BY THE VILLAGE AUDITOR FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020 AND AUTHORIZING ITS FILING WITH THE STATE; AND PROVIDING FOR AN EFFECTIVE DATE. Terry Morton, Nowlen, Holt & Miner, reviewed the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2020. Chairman Tom Magill presented comments on behalf of the Audit Committee and congratulated and commended Finance Director Samia Janjua and her staff for routinely and consistently doing a great job with the Village’s finances. Vice Mayor Searcy commended Finance Director Samia Janjua and her staff for their efforts in obtaining another Certificate of Achievement for Excellence in Financial Reporting. Thereafter, the motion to adopt Resolution 2021-24 passed unanimously. RESOLUTION 2021-25 – POLICE MOTORCYCLE PURCHASE A motion was made by Vice Mayor Searcy and seconded by President Pro Tem Mullinix to adopt Resolution 2021-25 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF TWO BMW POLICE MOTORCYCLES FROM BMW MOTORCYCLES OF FORT LAUDERDALE; WAIVING THE VILLAGE’S PURCHASING POLICIES AND PROCEDURES; AUTHORIZING THE SURPLUS OF TWO EXISTING POLICE MOTORCYCLES; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Manager Susanne Hachigian explained that the current Victory motorcycles that the Village had leased were no longer being manufactured since the company had gone out of business. The Victory motorcycles have had frequent mechanical issues and staff has had difficulty in obtaining the parts necessary to perform some of the needed repairs. As a result of the issues with the Victory motorcycles, staff was recommending the purchase of two 2021 BMW Motorcycles form BMW Motorcycles of Fort Lauderdale. Mayor Aubrey asked how many miles per year were the police motorcycles driven. Police Chief Jenkins stated that the police motorcycles are driven approximately 4000 miles per year. Thereafter, the motion to adopt Resolution 2021-25 passed unanimously. Draft Minutes of Village Council Meeting held March 25, 2021 Page 5 of 6 RESOLUTION 2021-26 – PUBLIC WORKS DEPARTMENT LOADER BACKHOE PURCHASE A motion was made by Vice Mayor Searcy and seconded by Councilmember Bickel to adopt Resolution 2021-26 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF A JOHN DEERE 310SL LOADER BACKHOE FROM DOBBS EQUIPMENT, LLC PURSUANT TO PRICING ESTABLISHED IN AN EXISTING FLORIDA SHERIFF’S ASSOCIATION CONTRACT FOR HEAVY EQUIPMENT; AUTHORIZING THE SURPLUS OF AN EXISTING BACKHOE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained that the 1999 John Deere loader backhoe utilized by the Public Works Department was scheduled to be replaced in the next fiscal year and was included in the 5-Year Capital Improvement Plan. Staff was recommending its immediate replacement due to the loader backhoe experiencing multiple mechanical breakdowns which has resulted in staff being unable to perform various jobs and projects throughout the Village. Thereafter, the motion to adopt Resolution 2021-26 passed unanimously. RESOLUTION 2021-27 – AGREEMENT WITH TREASURE COAST REGIONAL PLANNING COUNCIL FOR ADDITIONAL ENGINEERING SERVICES FOR U.S. HIGHWAY 1 CORRIDOR PROJECT A motion was made by Vice Mayor Searcy and seconded by Councilmember Norris to adopt Resolution 2021-27 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR ADDITIONAL ENGINEERING SERVICES RELATED TO THE U.S. ONE CORRIDOR PROJECT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik gave a brief background and current status of the traffic study for the proposed lane repurposing project for U.S. Highway One. Mr. Lukasik explained that as a result of the Village’s submittal of an application to the Florida Department of Transportation for a lane repurposing feasibility analysis, FDOT has requested additional information to complete the analysis. The work that is required to provide the additional information is outside the scope of services within the Phase 1 and Phase 2 traffic study agreements with Treasure Coast Regional Planning Council. President Pro Tem Mullinix stated that he was not in support of the U.S. Highway 1 lane repurposing project and that many residents that he had spoken to were also not in support of the project. President Pro Tem Mullinix expressed his concerns with the amount of money already spent for the proposed project. Councilmember Bickel stated that while campaigning for the recent election, she spoke with residents and kept track of the feedback she received regarding the proposed U.S. Highway 1 lane repurposing project and that the responses she received were 50/50. Discussion ensued between Councilmembers regarding the proposed U.S. Highway 1 lane repurposing project. Draft Minutes of Village Council Meeting held March 25, 2021 Page 6 of 6 RESOLUTION 2021-27 – AGREEMENT WITH TREASURE COAST REGIONAL PLANNING COUNCIL FOR ADDITIONAL ENGINEERING SERVICES FOR U.S. HIGHWAY 1 CORRIDOR PROJECT continued Lisa Jensen, 606 Shore Road, stated that she had reached out and requested to speak with President Pro Tem Mullinix regarding her support of the proposed U.S. Highway 1 lane repurposing project but that President Pro Tem Mullinix did not respond to her requests. Thereafter, the motion to adopt Resolution 2021-27 passed 4 to 1 with Mayor Aubrey, Vice Mayor Searcy, Councilmember Bickel and Councilmember Norris voting aye and President Pro Tem Mullinix voting nay. MAYOR AND COUNCIL MATTERS/REPORTS Vice Mayor Searcy wished everyone a Happy Passover and reminded residents of the upcoming Easter festivities in the Village. Councilmember Bickel reminded residents of another cleanup of Lakeside Park on Sunday morning from 9 a.m. to 11 a.m. and that community service hours were available for teens if they participate in the cleanup. Councilmember Bickel announced that the Resident Art Exhibition would be taking place March 29th through April 12th in the Library Obert Room. President Pro Tem Mullinix addressed Ms. Jensen’s comment and stated he was out of town for two weeks which conflicted with the times that Ms. Jensen was available. President Pro Tem Mullinix stated that he never stated that he had not heard from or spoken to residents who were in support of the U.S. Highway 1 lane repurposing project but that the majority of the those he heard from or spoken to were not in support of the project. VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik stated that the Anchorage Dry Storage update would need to be postponed to a future Council meeting due to the fact that staff needed to get answers for questions that were raised by residents at a meeting that recently took place regarding the project. Councilmember Bickel stated that the residents were grateful that their concerns were heard and the discussion on the Anchorage Dry Storage project was being postponed. Mr. Lukasik stated that the Covid-19 vaccine distribution at the Jewish Community Synagogue was successful. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:32 p.m. VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT ______________________________________________________________________ TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director; Alex Ahrenholz, Principal Planner DATE: April 8, 2021 SUBJECT: MOTION – Dimensional Exception Application for RV located at 2526 Honey Road ______________________________________________________________________ Paul Oenbrink, the owner of property located at 2526 Honey Road, filed an application requesting that his existing recreational vehicle (RV) be granted a “dimensional exception” from the size criteria specified in section 18-35.1(6) of the Village Code of Ordinances. Background: The Laredo 240mx RV was purchased by the property owner in 2015 and is located on the west side of the home. It is visible from the street, but is partially screened by a six (6) foot tall, white PVC gate. The subject property is larger than most single-family lots within the Village at 100 feet wide and 191 feet deep. Analysis: The RV exceeds the size limitations established in Section 18-35.1(6), which limits the maximum height to ten (10) feet. The RV is approximately eleven (11) feet tall and twenty-four (24) feet in length. The owner has provided documentation that the RV was owned prior to November 2020, and is therefore eligible for the dimensional exception. The abutting property owners have a substantial amount of trees and shrubs to provide screening. The subject property owner is also providing vegetation to screen the RV, but there are a few small gaps that need to be filled in to achieve screening at 90 percent opacity from the abutting property to the west, as required by 18- 35-1(8) of the Village Code. The Applicant has provided the notice to adjacent property owners required by Section 18-35.1(12)(d) of the Village Code. There is no fiscal impact Recommendation: Staff recommends approval of the dimensional exception request subject to the following conditions: (i) The applicant shall install additional shrubs or trees along the west property line at a minimum of 4 feet and they must grow to screen the RV at 90 percent opacity within 2 years; and (ii) If any of the trees or shrubs on adjacent properties that are currently providing screening are removed, they shall be replaced on the applicant’s property or the neighboring property within six months of their removal. Attachments: 1. Supporting Materials VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT ______________________________________________________________________ TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director; Alex Ahrenholz, Principal Planner DATE: April 8, 2021 SUBJECT: MOTION – Dimensional Exception for RV located at 756 Buttonwood Road ______________________________________________________________________ Matthew Partridge, property owner, has filed an application requesting that his existing recreational vehicle (RV) be granted a “dimensional exception” from the size criteria specified in section 18-35.1(6) of the Village Code of Ordinances. Background: The Palmino Puma RV was purchased by the property owner in 2020 and is located on the east side of the home. It is visible from the street, but is partially screened by a six (6) foot tall, wood gate. The subject property is larger than most single-family lots, but the lot frontage is typical of other lots within the Village at 73 feet wide. Analysis: The RV exceeds the size limitations established in Section 18-35.1(6) of the Village Code, which limits the maximum height to ten (10) feet and the maximum length of thirty (30) feet. The RV is approximately eleven (11) feet tall and thirty-six (36) feet in length. The owner has provided documentation that the RV was owned prior to November 2020, and is therefore eligible for the dimensional exception. The abutting property owners have a substantial number of trees and shrubs to provide the required screening. The property owner is also providing vegetation to screen the RV, but there are a few small gaps that need to be filled in to achieve screening at 90 percent opacity from the abutting property to the east as required by 18-35-1(8) of the Village Code. There is no fiscal impact Recommendation: Staff recommends approval subject to the following conditions: (i) The applicant shall install additional shrubs or trees along the east property line at a minimum of 4 feet and the vegetation shall grow to screen the RV at ninety percent opacity within 2 years; and (ii) If any of the trees or shrubs on adjacent properties that are currently providing screening are removed, they shall be replaced on the applicant’s property or neighboring property within six months of their removal. Attachments: 1. Supporting Materials Back Fence Line 32' from back of trailer to back fence Fence 6 ft high 93" Travel Trailer Existing Trees 36.5' long from hitch to tail; 8' wide x 11'1" high 60" Existing Trees Concrete Patio 32" New Ficus Hedge to be planted House Gate 13.3 ft wide x 6 ft high Matt & Heather Partridge756 Buttonwood RdTop View 1 Block = 2 Feet Side view 1 from next door backyard Front View – taken from street (buttonwood rd) Side View 2 from next door backyard Front View taken from NW corner of Buttonwood & Allamanda Side view 3 from next door backyard View from SW corner of Buttonwood & Allamanda VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Members of the Village Council FROM: Andrew D. Lukasik, Village Manager DATE: April 8, 2021 SUBJECT: ORDINANCE – Designation of Village of North Palm Beach Local Roads as Eligible for Use by Golf Carts. Village staff is recommending the adoption of an ordinance that will allow the use of golf carts on roads owned and maintained by the Village of North Palm Beach. Background: The use of golf carts on Village roads has occurred for years. Recently, however, the popularity and use of golf carts in the community has increased. Per Section 316.212(1), Florida Statutes, golf carts may be operated on roadways that are designated for golf carts. The Village does not currently have its local roads designated for golf cart use. Because the Village has not identified any issues related to speed or the volume of traffic that would prevent the safe operation of golf carts with other vehicular traffic, it is appropriate to en act legislation to formally permit golf carts on Village streets. Additionally, the Village has no records of golf cart related accidents on any of the Village’s roadways. Golf Carts and Low Speed Vehicles: It is important to note that some golf carts are legally classified as “golf carts” while others are classified as “low speed vehicles”. The Village’s ordinance applies only to “golf carts”, but the descriptions below provide clarification between the two types of vehicles: Low-Speed Vehicle: A low-speed vehicle has a top speed between 20 and 25 miles per hour. Low-speed vehicles must be registered, titled and insured. Any person operating a low-speed vehicle must have a valid driver’s license. Low-speed vehicles may be operated on streets with a posted speed limit of 35 miles per hour or less unless a municipality, county or the Florida Department of Transportation prohibits such operation. There are no prohibitions on the operation of low-speed vehicles on any roads with a posted speed limit of 35 miles per hour of less in the Village. Golf Cart: Golf carts, on the other hand, cannot exceed 20 miles per hour. Golf carts are not titled or registered and are not required to be insured. A person must be 14 years or older to operate a golf cart. A golf cart may be operated only during the hours between sunrise and sunset. However, the Village will permit golf carts to be operated during the hours between sunset and sunrise if the golf cart is equipped with headlights, brake lights, turn signals and a windshield. All golf carts must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear per Florida Statute. Local Streets Designated for Golf Cart Use: The ordinance will permit the use of golf carts, given the parameters described above, on the Village’s streets only. It does NOT permit the use of golf carts on the streets or roads that are owned and/or maintained by either Palm Beach County or the State of Florida. Golf carts, then, will not have access to the following roads:  US1 (additionally, golf carts cannot cross US1 without FDOT approval per Florida Statute)  Northlake Boulevard  Prosperity Farms Road  Alternate A1A  Monet Road Golf Carts in Parks: Under the proposed ordinance, golf carts are permitted to be driven in parking lots or areas designated for motorized vehicles. They are prohibited on multi-purpose paths, sidewalks, athletic facilities, green space and any other portions of a Village park. The attached Ordinance has been prepared by the Village Attorney. There is no fiscal impact as a result of adopting the recommended ordinance. Recommendation: Village Staff requests Council consideration and approval on first reading of the attached Ordinance designating the Village of North Palm Beach’s Local Roads as eligible for use by golf cart. Page 1 of 4 ORDINANCE NO. 2021-06 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 18, “MOTOR 4 VEHICLES AND TRAFFIC,” OF THE VILLAGE CODE OF ORDINANCES BY 5 ADOPTING A NEW ARTICLE IV, “GOLF CARTS;” PROVIDING FOR 6 DEFINITIONS; PROVIDING FOR THE OPERATION OF GOLF CARTS 7 WITHIN THE VILLAGE; PROVIDING FOR CODIFICATION; PROVIDING 8 FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING 9 FOR AN EFFECTIVE DATE. 10 11 WHEREAS, residents of the Village have expressed an interest in allowing golf carts to be driven 12 upon streets within the Village’s jurisdiction; and 13 14 WHEREAS, the operation of golf carts upon local streets is generally prohibited unless otherwise 15 authorized by the Village pursuant to Section 316.212, Florida Statutes; and 16 17 WHEREAS, due to the relative costs of motor vehicle volatile fuels and the desire to provide for 18 energy efficient vehicles, the Village Council has determined that golf carts may safely travel on 19 or across public streets and alleys within the Village as set forth in this Ordinance; and 20 21 WHEREAS, the Village Council determines that the adoption of this Ordinance promotes the 22 health, safety and welfare of the residents and citizens of the Village of North Palm Beach. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 25 OF NORTH PALM BEACH, FLORIDA as follows: 26 27 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 28 29 Section 2. The Village Council hereby amends Chapter 18, “Motor Vehicles and Traffic,” of 30 the Village Code of Ordinances by adopting a new Article IV to read as follows (additional 31 language underlined): 32 33 ARTICLE IV. GOLF CARTS 34 35 Sec. 18-45. Definitions. 36 37 For the purposes of this article, whenever the following words or terms are 38 used in this article, they shall have the meanings ascribed to them in this section, 39 except where the context requires otherwise: 40 41 Golf cart means a motor vehicle as defined in F.S. §320.01(22), as 42 amended, that is designed and manufactured for operation on a golf course for 43 sporting or recreational purposes and that is not capable of exceeding speeds of 20 44 miles per hour. 45 46 Page 2 of 4 Private community means a single or multi-family community that is 1 regulated by F.S. ch. 718 (condominiums); F.S. ch. 719 (cooperatives); or F.S. ch. 2 720 (homeowners' associations). 3 4 Traffic control device means an approved sign or signs permitting or 5 prohibiting the parking or operation of golf carts on a street, alley, driveway, 6 parking lot or other area, or regulating speed, or regulating parking. 7 8 Sec. 18-46. Operation of golf carts. 9 10 (a) Authorization to operate golf carts. In accordance with F.S. 11 §316.212(1), golf carts meeting the definition set forth in section 18-45 above may 12 be operated within the Village on the streets, alleys and parking areas open to the 13 public and designated in this article, and on private property, and within private 14 communities on such private driveways, parking lots, or private streets designated 15 for golf cart use by the private community. Each private community which allows 16 the use of golf carts shall provide adequate traffic control devices advising that it is 17 a "golf cart community," and regulating the use of golf carts and designating the 18 areas where golf carts may be operated and parked. 19 20 (b) Compliance with state statutes. All operators of golf carts within the 21 Village shall comply with the provisions of the state statutes pertaining to the 22 operation of golf carts and of motor vehicles. Any violation of such statute(s) shall 23 also be a violation of this article. Golf cart operators shall comply with all 24 applicable local and state traffic control devices, and operators of golf carts may be 25 issued a citation or summons for traffic and moving violations in the same manner 26 as other motor vehicles. 27 28 (c) Equipment and minimum standards. All golf carts operated within 29 the Village shall meet the minimum equipment standards established by F.S. 30 §316.212. Golf carts operated before sunrise and after sunset must be equipped 31 with headlights, brake lights, turn signals, and a windshield. In addition, on the rear 32 of the golf cart, all golf carts shall be equipped with two round red reflectors, each 33 at least three inches in diameter, and affixed to the rear of the golf cart, within six 34 inches of each side edge. In the alternative, a triangular slow-moving vehicle 35 emblem (SMV) approved for use on vehicles by the state department of highway 36 safety and motor vehicles may be affixed to the rear of the golf cart. 37 38 (d) Designation of certain village streets, county roads and state 39 highways. Golf carts may only be operated within the Village as permitted or 40 prohibited below: 41 42 (1) Operation of a golf cart shall be permitted on the roadway portion 43 of all village streets and alleys, unless prohibited by a traffic control 44 device, or as otherwise provided herein, and in general conformance 45 to any lawful traffic control devices. 46 47 (2) Operation of a golf cart in Village parks is prohibited, except where 48 permitted by a traffic control device. 49 Page 3 of 4 1 (3) Operation of a golf cart is prohibited on sidewalks or bike paths, 2 unless a sidewalk or bike path is at least eight (8) feet wide. 3 4 (4) Operation of a golf cart is prohibited on any county road or state 5 highway, unless the village shall have first obtained the consent or 6 permission of the county or state, as required by law, and where 7 permitted by a traffic control device. Those road segments include, 8 but are not limited to: 9 10 U.S. Highway One 11 Northlake Boulevard 12 Prosperity Farms Road 13 Alternate A1A 14 Monet Road 15 16 (e) Private community enforcement. Golf carts operated within private 17 communities shall be subject to the enforcement of rules and regulations established 18 by the private communities, which shall be the sole responsibility of each such 19 community, except where jurisdiction has been granted to the Village police 20 department for traffic law enforcement by the community. 21 22 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 23 the Village of North Palm Beach, Florida. 24 25 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 26 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 27 such holding shall not affect the remainder of this Ordinance. 28 29 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 30 conflict herewith are hereby repealed to the extent of such conflict. 31 32 Section 6. This Ordinance shall take effect immediately upon adoption. 33 34 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 35 36 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 37 2021. 38 39 40 (Village Seal) 41 MAYOR 42 43 44 ATTEST: 45 46 47 VILLAGE CLERK 48 49 Page 4 of 4 APPROVED AS TO FORM AND 1 LEGAL SUFFICIENCY: 2 3 4 VILLAGE ATTORNEY 5 VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES February 23, 2021 CALL TO ORDER Chairperson Christine DelGuzzi called the meeting to order at 7:00 PM. ROLL CALL Present : Zakariya Sherman, Library Director Christine DelGuzzi, Chairperson Phyllis Wissner, Vice Chairperson Bonnie Jenkins, Secretary Carolyn Kost, Member Brad Avakian, Member Tina Chippas, Member Leslie Metz, Member – Absent Darryl Aubrey, Council Member APPROVAL OF MINUTES Minutes for the November 24, 2020 meeting were approved with corrections after a motion made by Carolyn Kost and seconded by Tina Chippas. LIBRARIAN’S REPORT Director Zak Sherman reported the following: Library Matters: o AARP is providing tax help in the Obert Room. Initially it was by appointment only; however, volunteers were overwhelmed with people coming from as far as Broward County. As of now, it is first come, first served. Hours are Wednesday and Friday, 9:00am to 1:00pm. There have been a limited number of volunteers available. o Books & Bites – Inaugural event will be on March 15th at the Country Club. Features guest speaker, author Marie Bostwick who will be discussing her latest book, The Restoration of Celia Fairchild. Tickets are $26 and includes a box lunch prepared by Farmer’s Table. Attendance is limited to 50 persons. Facilities: o Building – Request to repaint was approved with Council agreeing to the color choices. Regional Painting Services will be doing the painting. Public Works is requesting they paint the front of the building on a Sunday when the Library is closed. o Future Plans – Within the next two years it is anticipated the adult area will be refurbished much like the children’s area was. Plexiglass barriers will remain. Adult Services: o Virtual Crafts for Grown Ups continues; third Thursday every Month 11am to noon o Virtual Book Club March title is The Book of Two Ways by Jodi Picoult. A special meeting to discuss The Four Winds by Kristen Hannah will be scheduled the second week of April due to the book’s popularity. Copies are available through Cloud Library. Teen Services: o Teen Takeaway kits continue to be available. o Teen Book Club: It’s Lit – This month’s selection is Lore by Alexandra Bracken Book is to be pre-read; and by attending and participating in discussion, teens will be allotted 10 hours of community service. Sign-up is online Friends of the Library News: o Annual Book Sale – Total success - $2,241.82 taken in between February 2nd thru 8th. Attendees were very complimentary of the new layout. Various sales on different days to move as many books as possible. 9 new members signed up; 4 renewals. In total, 342 boxes of books were sold down to 70 boxes. After the sale, books were given to Jim Cummings to be sent to Kenya; remainder of the books were sold to another vendor for $100.00 o 50-50 Raffle Drawing Winner was Nancy Culver. Ms. Culver and Friends each received almost $200.00. o Gift Basket raffle is now underway. Basket includes a one-hour massage or reflexology session. Tickets are $1.00 each or 6 for $5.00.00 o Next meeting will be held March 15th after Books and Bites at the Country Club. Statistics: o E-Book and E-Audio Circulation numbers remain high. o Print circulation remains down due to the lack of school visits OLD BUSINESS There was none. NEW BUSINESS There was none. QUESTIONS AND ANSWERS Ms. Kost asked for the rationale behind awarding community service hours for the Teen Book Club. Director Sherman advised the hours were for participation in the discussion; these discussions leads to volunteers in the library at later dates. ADJOURNMENT A motion to adjourn the meeting was made by Carolyn Kost and seconded by Tina Chippas. The meeting was adjourned at 7:30 PM. The next meeting will be Tuesday, March 23rd, at 7:00pm. Respectfully submitted by Bonnie Jenkins DRAFT DRAFT i DRAFT VILLAGE OF NORTH PALM BEACH AUDIT COMMITTEE MEETING MINUTES -MARCH 8, 2021 ATTENDANCE: COMMITTEE ADMINISTRATION Tom Andres Samia Janjua- Finance Director Don Kazimir Suzanne Mehregan Guest Dave Talley Terence Morton- Nowen, Holt et. at. Tom Magill -Chairman Absent: (Prior Notice Received) Ed Katt Marie Silvani I The meeting was called to order at 5:30 pm. Note: The meeting was held in NPB Police Headquarters, The Committee expresses its thanks to Chief Richard Jenkins and his staff for making the facility available.) Items Discussed: 2. Village Auditor, Terry Morton (Nowlen, Holt et. al.) presented the Final Draft of the FY 2020 Audit Report. He ind ..ated no variance with current municipal Accounting standards. In addition, the Draft notes that North: paw Beach continues to receive the Certificate of Achievement for Excellence in Financial Repor ft issued by the Government Finance Officers Assoclatm. Of particular interest is the value of our unallocated fund' balance now at $11.6 million. This protection against sudden emergencies and potential infrastructure expenditure represents 3 of 2021 Expenditures for both the General Fund and the Enterprise Fund. Debt Service is being covered. The Committee extends compliments to tM Administration and Council for prudent man -agent at' Village finances. Our thanks as well to Terry don- and the staff of Nowlen, Holt. Et.. al. for continued ex .. in Audit activity. restaurant is OPEN to the general public. 5. Q1 FY 2021 data was reviewed. Expenditures are in line with the budget in both the General and the Enterprise Funds. Of particular note is golf revenues. Total "rounds) played are 30% higher than the first quarter of the prior year. Submitted: Tom Magill Chairman VILLAGE OF NORTH PALM BEACH FIRE RESCUE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: J.D. Armstrong, Fire Chief DATE: April 8, 2021 SUBJECT: RESOLUTION – Approval of the Sole-Source purchase of one (1) Holmatro Extrication Combi-Tool from Purchase Point Equipment Supply, LLC in the amount of $19,271. Village staff is requesting Village Council approval to purchase one (1) battery-operated extrication tool, which will be carried on the Rescue Apparatus, from Purchase Point Equipment Supply, LLC. The Department’s equipment committee vetted a number of manufacturers’ product and concluded the Holmatro Battery-Powered Combi-Tool with certain accessories was the choice as it is compatible with our existing extrication equipment. The committee believes it is important to maintain compatibility between similar use equipment so all accessories are interchangeable; tips, hooks and chains from this unit can be interchanged with existing equipment allowing for continuity of training and uncompromised operation on the emergency scene. This tool is sold by Purchase Point Equipment Supply, LLC, who is the Sole Source dealer for Holmatro product in the Southeastern United States. The attached quote from Purchase Point Equipment Supply, LLC, is based on factory direct pricing and includes the Combi-Tool and accessories at a total cost of $19,271, which is less than the approved budget request. Funding: During the Fiscal Year 2021 budgetary process, a total of $19,500 was budgeted for the purchase of a battery-operated extrication tool utilizing “General Revenues” within the five-year Capital Improvement Plan. The “General Revenue” funds for capital items are held in the Village’s CIP fund and are transferred to the project account when the item is ready to be purchased. The following budget amendment utilizes $19,271 in CIP funds for this purchase. A CIP Fund Recap, as well as all supporting documentation, has been included in your agenda backup material for review: Budget Amendment: Account Description Use Source Capital Projects Fund: K5812-66490 Fire – Machinery & Equipment $19,271 K5541-66000 Reserve Expenses - Capital $19,271 Total Capital Projects Fund $19,271 $19,271 The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution authorizing the Sole Source purchase of one (1) Holmatro Battery-Operated Combi-Tool with accessories as described in sales quote 14587 R-1 from Purchase Point Equipment Supply, LLC at a total cost not to exceed $19,271, with funds expended from Account No. K5812-66490 (Fire Rescue – Machinery & Equipment) and authorizing the Mayor and Village Clerk to execute the required budget amendment for this capital purchase in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE SOLE SOURCE PURCHASE OF ONE HOLMATRO EXTRICATION COMBI-TOOL FROM PURCHASE POINT EQUIPMENT SUPPLY, LLC; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $19,271.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE FIRE – MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fire Rescue Department is requesting the sole source purchase of one battery- operated Holmatro Extrication Combi-Tool with certain accessories; and WHEREAS, the Holmatro Combi-Tool is compatible with the Department’s existing extrication equipment and Purchase Point Equipment Supply, LLC is the sole source dealer for Holmatro products in the southeastern United States; and WHEREAS, the Village Council seeks to amend the current capital projects fund budget to transfer $19,271.00 from the Capital Reserve Account to the Fire – Machinery and Equipment Capital Account to fund the purchase of the equipment; 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 the purchase of one battery-operated Holmatro Extrication Combi-Tool with certain accessories from Purchase Point Equipment Supply, LLC at a total cost of $19,271.00, with funds expended from Account No. K5812-66490 (Fire – Machinery and Equipment). Section 3. In order to fund this expenditure, the Village Council hereby approves a budget amendment for the transfer of funds as indicated below and authorizes and directs the Mayor and Village Clerk to execute the budget amendment for and on behalf of the Village of North Palm Beach: Budget Amendment: Account Description Use Source Capital Projects Fund: K5812-66490 Fire – Machinery & Equipment $19,271.00 K5541-66000 Reserve Expenses - Capital $19,271.00 Total Capital Projects Fund: $19,271.00 $19,271.00 Page 2 of 2 Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2021 - 2025 Strategic Result : Department : Organizational Excellence Fire Rescue Project Name : Year(s) :2021 Lithium-Ion Battery Powered Extrication Tool Project Description : Link to Strategic Plan : Need, Justification, Benefits: Location & Area Map Project Photo Comments : Purchase lithium-ion battery powered extrication tools for our rescues. Our rescues current carry only manual tools for forcible entry, extrication and RIT activities. These battery-powered tools give them a conciderable advantage over manual tools in a light-weight, easy to manuver package. The addition of these tools gives our rescue personnel a decided advantage when seconds count. These tools allow our rescue personnel to make a rapid, initial entry to access patients in motor vehicle accidents, as well as giving them a light-weight, self-contained tool to make entry with when assigned as a Rapid Intervention Team (RIT) to rescue entrapped firefighters. This enhances the safety of both our customers and personnel. VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN FINANCIAL INFORMATION 2021 - 2025 Project Name : Strategic Result : Department : 2021 2022 2023 2024 2025 Total Project Budget : Land acquisition $0 Planning / Design 0 Engineering 0 Construction 0 Equipment 19,500 19,500 Vehicle 0 Other 0 Total Budget $19,500 $0 $0 $0 $0 $19,500 Funding Sources : General revenues $19,500 $19,500 Impact fees 0 Grant revenues 0 Debt Service 0 Infrastructure Surtax 0 Fund balance 0 Other 0 Total Revenues $19,500 $0 $0 $0 $0 $19,500 Operating Impact: Personnel $0 Operating 0 Capital 0 Other 0 Total Operating $0 $0 $0 $0 $0 $0 The addition of these tools should have no fiscal impact beyond the initial purchase cost. This project is consistent with the goal of providing high quality level of service to the community. Lithium-Ion Battery Powered Extrication Tool Organizational Excellence Fire Rescue Comment: Beginning Balance $173,106 Transfers in:Resolution / Ordinance Amount Total FY 2021 Transfer in (transfer during budget process) Ordinance # 2020‐08 510,000   Total Transfers in 510,000$             Less: Purchases Description Resolution #Amount Total Fiscal Year 2021 Battery Extrication Tool on 4/8/2021 agenda (19,271)    Total Purchases (19,271)$              CIP Fund Available Balance 663,835$        Village of North Palm Beach CIP Fund Recap Fiscal Year 2021 3/30/2021 VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jessica Green, Village Clerk DATE: April 8, 2021 SUBJECT: RESOLUTION – Amending Resolution No. 37-78 authorizing the Village Manager to assign a member of Village Staff to the position of Village Historian. Through the adoption of Resolution No. 37-78 on August 24, 1978, the Village Council created the position of Village Historian and outlined the duties and responsibilities of that position. These duties included collecting historical documents, maps and photographs, and creating a system for filing, cataloging and displaying such material s. Further, the Village Historian was required to coordinate efforts with the Village Manager in order to determine an appropriate place to house the Village’s historical records and to secure budgeted funds for the acquisition, storage and display of the records. The Resolution also provided for the Village Council’s appointment of the Village Historian for a term not to exceed two years. The most recent Council-appointed Village Historian was Ruby Holden. She was appointed by the Village Council on April 27, 2017 and resigned from her position on February 8, 2018. Since Ms. Holden’s resignation, the Village’s Library Director , Zak Sherman, has been performing the duties and responsibilities of the Village Historian. Because Mr. Sherman has been serving as the Village Historian for the past several years, Staff is requesting the adoption of the attached Resolution amending Resolution No. 37-78 to allow the Village Manager to assign staff to perform the duties and functions of the Village Historian. If the Council wishes to appoint a non-Staff member to serve in that position, it may still do so by resolution. The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. There is no fiscal impact. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution amending Resolution No. 37-78 and authorizing the Village Manager to assign a member of Village Staff to perform the duties and responsibilities of the Village Historian. Page 1 of 2 RESOLUTION 2021-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING RESOLUTION 37-78 TO ALLOW THE VILLAGE MANAGER TO ASSIGN A STAFF MEMBER TO PERFORM THE FUNCTIONS OF THE VILLAGE HISTORIAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 37-78 on August 24, 1978, the Village Council created the position of Village Historian and outlined the duties and responsibilities of that position, including, but limited to, collecting historical documents, maps and photographs and creating a system for filing, cataloging and displaying such materials; and WHEREAS, the Village Historian is required to coordinate efforts with the Village Manager in order to determine an appropriate place to house the Village’s historical records and to secure budgeted funds for the acquisition, storage and display of the records; and WHEREAS, Resolution No. 37-78 provides for the Village Council’s appointment of the Village Historian (and Associate Historians) by Resolution for terms not to exceed two years; and WHEREAS, the Village’s Library Director has been serving as the Village Historian for a number of years, and Village Staff has requested that Council amend Resolution No. 37-78 to allow the Village Manager to assign Staff to perform the duties and functions of the Village Historian; and WHEREAS, the Village Council determines that the adoption of this Resolution in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and are incorporated herein. Section 2. The Village Council hereby amends Resolution No. 37-78 to authorize the Village Manager to assign a member of Village Staff to perform the duties and responsibilities of the Village Historian. Notwithstanding the foregoing, the Village Council may adopt a Resolution appointing a non- Staff member to serve as Village Historian at any time. 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 become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR Page 2 of 2 ATTEST: VILLAGE CLERK RESOLUTION N0. 37- 78 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGF, OF NORT}[PALM BEAC}{, FLORIDA, CREATING THE POSITION OF VILLAGE }{ISTORIAN ANDSI;TYING FORT}{ T}IF, POWERS AND RESPONSIBILITIESTHERF, OF,WHEREAS, the Village of North Palm Beach was created in 1956 by a Special Act oft}re Florida Legislature; andWHERF,AS, the number of initial Village residents who still are living within North Palm Beach and environs is becoming limited; and WHEREAS, evidence concerning the history of the Village of North Palm Beach since its inception and evidence concerning the area where the Village of North Palm Beach presently lies prior to its inception is becoming more difficult to find, and will become even more difficult as time passes; and WHEREAS, the Village Council believes that an appreciation oi'the history of North Palm Beach will be valuable for present and future genera ti-ons of residents and citizens of the Village to help create a continuing sense of community and to preserve for posterity the back-ground, persons and activities which helped to mold and create the conmumity that is comprised by the Village of North Palm Beach.NOW, TF[F.REFORE, BF. IT RESOLVED BY THE, VILLAGF. COUNCILOF TH}1 VILLAGE OF NORT}[ PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows:Section 1. The position of Village }{istorian is hereby created.Section 2, The Village Historian is authorized and directed to gather all facts, data, deeds, documents, photographs, paintings,artifacts, maps, etc., pertaining to the area now comprising the Village o{' North Palm Beach, both from the time of its inception in 1956 through the present, as well as similar data concerning the area where the Village is presently located which are of historical significance prior to 1956.Section 3. The Village }{istorian is further directed and authorized to create a system for collecting, filing, cataloging and displaying historical artifacts of the Village and to maintain asystem i'or ongoing accumulation of facts and documents which may, prove to have historical significance in the future. Section 4. The Village Historian is directed to coordinate efforts with the office of the Village Manager in order to determine an appropriate place to house the historic records of the Village, and to secure budgeted funds for acquisition, storage and display thereof. Section 5. The Village Council is authorized to choose a person to act as Village Historian by Resolution. The term of office oi' the historian shall be for two years, and the Village Council may choose Associate }[istorians in such number as are desired and for such terms as the appointing Resolution may contain, but in no event for a term longer than two (2) years, Section G. This Resolution shall take effect inunediately upon passage, PASSED AND ADOPTED THIS 24T}i DAY OF AUGUST, 1978. Village Seal) s/ Al Moore MAYOR A1'T};S'1': s/ Ilolores R. Walker Village Cler 1 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: April 8, 2021 SUBJECT: RESOLUTION – Agreement with Donna and Jeffrey Palumbo for Construction of a Seawall at the North Palm Beach Country Club Background: The Village was approached by Donna and Jeffrey Palumbo, the owners of property located at 1125 Country Club Drive within the Village. The Palumbos are in the process of replacing the seawall adjacent to their property and offered to replace the contiguous seawall adjacent to a portion of the North Palm Beach Country Club Golf Club at no cost to the Village. While not budgeted at this time, the Village’s portion of the seawall is in need of repair. The Palumbos wish to ensure that the seawall adjacent to their property and the seawall adjacent to the Village’s property are aesthetically compatible, structurally sound and that the height of the seawalls comply with all current Village Code requirements. The Village has not budgeted funds for this capital improvement. Terms of the Agreement: The essential terms of the Agreement are as follows:  The Palumbos will replace the seawall adjacent to the Village’s property as generally depicted in Exhibit “A” to the Agreement.  The Palumbos will replace the seawall at no cost to the Village and will submit the proposed plans to the Village for review and approval prior to applying for a building permit.  The Palumbos agree to indemnify and hold the Village harmless from all claims relating to the construction of the seawall.  The Village grants the Palumbos a license for entry onto the Village’s property for activities relating to the permitting and construction of the seawall and shall coordinate entry onto the Village’s property with the Village Manager or his designee.  Once constructed, the Palumbos will convey title to the seawall to the Village and shall not be entitled to utilize the Village’s seawall or the Village’s property for any purpose whatsoever. The attached Resolution and Agreement have been prepared and reviewed for legal sufficiency by this office. Page 2 of 2 There is no negative fiscal impact to the Village; rather, the replacement of the Village’s seawall is essentially a donation to the Village. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving an Agreement with Donna and Jeffrey Palumbo for construction of a seawall adjacent to a portion of the North Palm Beach Country Club Golf Course and authorizing the Village Manager to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2021-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR CONSTRUCTION OF SEAWALL WITH DONNA AND JEFFREY PALUMBO AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Donna and Jeffery Palumbo, the owners of property located at 1125 Country Club Drive within the Village have offered to replace a contiguous portion of seawall adjacent to the North Palm Beach Country Club Golf Course at no cost to the Village; and WHEREAS, the Village Council wishes to allow the Palumbos to replace this portion of seawall subject to the terms and conditions set forth in the Agreement for Construction of Seawall; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of the public health, safety and welfare. 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 are incorporated herein. Section 2. The Village Council approves an Agreement for Construction of Seawall with Jeffrey and Donna Palumbo, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the Agreement on behalf of the Village. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 4 AGREEMENT FOR CONSTRUCTION OF SEAWALL THIS AGREEMENT is made and entered into by and between the Village of North Palm Beach, a municipal corporation organized and existing under the laws of the State of Florida, 501 U.S. Highway One, North Palm Beach, FL 3340 8 (“Village”) and Donna and Jeffrey Palumbo, 1125 Country Club Drive, North Palm Beach, Florida 33408 (collectively “Palumbo”). W I T N E S S E T H: WHEREAS, Palumbo is the owner of a parcel of real property located at 1125 Country Club Drive, within the corporate limits of the Village and legally described as Lot 125, Golf Course Addition No. 2 to Village of North Palm Beach, according to the plat thereof recorded in Plat Book 28, Page 67 of the Public Records of Palm Beach County (PCN: 68-43-42-08-04-000-1250) (“Palumbo Property”); and WHEREAS, the Palumbo Property is located immediately adjacent to real property owned by the Village that is part of the North Palm Beach Country Club Golf Course (PCN: 68-43-42-08-00-000-1080) (“Golf Course Property”); and WHEREAS, both the Palumbo Property and the Golf Course Property are located adjacent to the North Palm Beach Waterway within the corporate limits of the Village; and WHEREAS, Palumbo wishes to replace the seawall adjacent to the Palumbo Property and further wishes to replace the immediately adjacent portion of the seawall located on the Golf Course Property to ensure that: (a) both seawalls are aesthetically compatible and structurally sound; and (b) the height of both seawalls comply with all current Village Code requirements; and WHEREAS, the Village wishes to allow Palumbo to replace the seawall on the Golf Course Property subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual benefits and promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals The foregoing recitals are ratified and incorporated herein. 2. Construction of Village Seawall A. Palumbo agrees to replace approximately thirty-five (35) feet of seawall located on the Golf Course Property in the area depicted in Exhibit “A” attached hereto and incorporated herein (“Village Seawall”). Page 2 of 4 B. Palumbo shall replace the Village Seawall at Palumbo’s sole cost and expense, including, but not limited to, permitting expenses, engineering expenses, and construction expenses. C. Prior to submittal of a building permit for construction of the Village Seawall, Palumbo shall obtain the written approval and consent of the Village Manager or his designee. Once the Village Manager approves the plans, the Village shall execute all necessary documentation for the issuance of building permits for the construction of the Village Seawall on the Golf Course Property. D. Palumbo shall construct the Village Seawall in accordance with all existing federal, state and local laws, including all Village Code requirements. E. The Village grants Palumbo a license for entry to the Golf Course Property solely for activities related to the permitting and construction of the Village Seawall, provided, however, that Palumbo shall coordinate access to the Golf Course Property with the Village Manager or his designee. The license granted herein shall extend to engineers, contractors and other licensed professionals retained by Palumbo. 3. Indemnification Palumbo specifically agrees to indemnify and hold harmless the Village, its officials, officers, agents and employees from and against any and all claims, actions or causes of action relating to the construction of the Village Seawall on the Golf Course Property. Palumbo agrees and understands that the indemnification under this provision includes all claims, damages, costs and attorney’s fees through and including all trial and appellate proceedings, and further includes any costs and attorney’s fees incurred in establishing the Village’s right and entitlement to indemnification under this provision. Nothing set forth herein shall waive the Village’s sovereign immunity protections or the limitations of liability set forth in Section 768.28, Florida Statutes nor shall it create a cause of action in favor of any third party. 4. Use of or Interest in the Village Seawall Palumbo shall not acquire any right, title or interest in the Village Seawall or the Golf Course Property and upon completion of the Village Seawall and shall not be entitled to utilize the Golf Course Property or the Village Seawall for any purpose whatsoever. Once the Village Seawall is constructed and a certificate of completion is issued, Palumbo shall deliver a bill of sale conveying title to the Village Seawall to the Village. Palumbo shall have no future maintenance obligation with respect to the Village seawall. 5. Term This Agreement shall commence upon execution by both parties and shall remain in full force and effect until such time as the Village Seawall is fully constructed, issued a certificate of completion, and the bill of sale is executed and delivered to the Village. Page 3 of 4 Notwithstanding the foregoing, the Indemnification set forth in Section 3 above shall survive termination of the Agreement. 6. General Provisions. A. Enforcement costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (even if not taxable as court awarded costs ), including appellate fees, costs and expenses, incurred in that action or proceeding, in addition to any other relief to which such party may be entitled. B. Governing law and venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, Florida. C. Severability. In the event any part, term or provision of this Agreement is found to be illegal or inoperative by a court of competent jurisdiction, the validity of the remaining portions and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision declared to be so invalid. D. Entire agreement. The parties agree that this Agreement 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 Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. E. Captions. 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 Agreement, nor shall such headings affect the meaning or interpretation of this Agreement. F. Waiver of rights. Failure of a party to enforce or exercise any of its right(s) under this Agreement shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. G. Construction. This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. H. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. I. Binding effect and disclosure. This Agreement shall be binding on the parties, and their assigns or successors in interest. Palumbo shall disclose the existence of this Agreement to subsequent purchasers of the Palumbo Property. Page 4 of 4 IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the date first above written. VILLAGE: VILLAGE OF NORTH PALM BEACH By:_______________________________ Andrew D. Lukasik, Village Manager Attest: Jessica Green, Village Clerk Approved as to form and legal sufficiency: Leonard G. Rubin, Village Attorney PALUMBO: Witnessed by: _________________________ ______________________________ Print Name: Jeffrey Palumbo _________________________ Print Name: _________________________ ______________________________ Print Name: Donna Palumbo _________________________ Print Name: