TOWN OF PALM BEACH. Town Manager's Office TOWN COUNCIL MEETING TOWN HALL COUNCIL CHAMBERS-SECOND FLOOR 360 SOUTH COUNTY ROAD AGENDA NOVEMBER 8, 2016

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1 TENTATIVE: SUBJECT TO REVISION TOWN OF PALM BEACH Town Manager's Office TOWN COUNCIL MEETING TOWN HALL COUNCIL CHAMBERS-SECOND FLOOR 360 SOUTH COUNTY ROAD AGENDA NOVEMBER 8, :30 AM Welcome! For information regarding this agenda and the procedures for public participation at Town Council Meetings, please refer to the end of this agenda. I. CALL TO ORDER AND ROLL CALL II. III. IV. INVOCATION AND PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA PRESENTATIONS A. Flagler Memorial Bridge Update Geoffrey Parker, P.E., New Millennium Engineering & Ryan Hamrick, P.E., Project Manager, PCL Civil Contractors B. Code Enforcement Board Presentation by Applicant Kirk W. Blouin, Director of Public Safety V. COMMENTS OF MAYOR GAIL L. CONIGLIO VI. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER VII. COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE TC Meeting

2 VIII. APPROVAL OF CONSENT AGENDA (SEE NOTE 5) A. MINUTES 1. MINUTES: SEPTEMBER 14, 2016 Approval of the Minutes of the Local Planning Agency Meeting Susan A. Owens, MMC, Town Clerk 2. MINUTES: SEPTEMBER 14, 2016 Approval of the Minutes of the Regular Town Council Meeting Susan A. Owens, MMC, Town Clerk 3. MINUTES: SEPTEMBER 21, 2016 Approval of the Minutes of the Special Town Council Meeting Susan A. Owens, MMC, Town Clerk 4. MINUTES: OCTOBER 10, 2016 Approval of the Minutes of the Regular Town Council Meeting Susan A. Owens, MMC 5. Approval of Major Matters Considered by the Architectural Commission at its Meeting of October 26, John S. Page, Planning, Zoning & Building B. RESOLUTIONS Page No. 8 Page No. 11 Page No.25 Page No. 28 Page No RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding Bid No and Approving a Purchase Order in the Amount of $198,002 to Spector Manufacturing, Inc., for the Purchase of Two Aluminum Compaction Transfer Trailers and Establishing an Overall Budget of $202,000. H. Paul Brazil, P.E., Director of Public Works 2. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving A Right- Of-Way Maintenance Agreement Between the Town and Palm Beach Towers Condominium Association, Inc. to Install Certain Landscaping, Irrigation, Hardscaping and Lighting Improvements Within the Town Right Of-Way on the West Side of Cocoanut Row Adjacent to 44 Cocoanut Row, Palm Beach, Florida and Authorizing the Town Manager to Execute the Agreement on Behalf of the Town. Thomas G. Bradford, Town Manager 3. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing a Twelve Month Extension of the Contract, With No Changes to Terms, in an Amount Not To Exceed $30,000, to EMS Management & Consultants, Inc. for Emergency Medical Services Third Party Billing Services and Authorizing the Town Manager to Execute the Same on Behalf of the Town. Kirk W. Blouin, Director of Public Safety 4. RESOLUTION NO A Resolution of the Town Council of the Page No. 62 Page No. 67 Page No. 82 Page No. 88 TC Meeting

3 Town of Palm Beach, Palm Beach County, Florida, Authorizing the Mayor to Execute an Agreement for Mutual Assistance and Automatic Aid Between Palm Beach County and the Town of Palm Beach for Fire- Rescue Emergency Services. Kirk W. Blouin, Director of Public Safety 5. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Purchase of a Groundsmaster 3500-D Rotary Mower at a Cost of $30, From WescoTurf for use at the Par 3 Golf Course, and Authorizing the Town Manager to Execute the Purchase on Behalf of the Town. Beth Zickar, Director of Recreation 6. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Increasing Existing Purchase Order No to Christmas Designers, Inc., for the Purchase of Replacement Garland and Provide Additional Holiday Lighting, in the Amount of $14,650, and Increasing the Project Budget from $96,100 for a Revised Total Budget of $110,750. H. Paul Brazil, P.E., Director of Public Works 7. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order in the Amount of $81,041 to Kimley-Horn and Associates, Inc., for Professional Engineering Services Associated with Groundwater Monitoring at the Town's Vegetative Landfill Sites, and Establishing a Project Budget of $90,000. H. Paul Brazil, P.E., Director of Public Works 8. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Use of the State of Florida, Department of Management Services Contract # R (MyFloridaNet) for Internet Bandwidth Services in the Total Estimated Amount of $46,000, Based on Current State Contract Pricing; and Authorizing the Town Manager to Execute Said Agreement on Behalf of the Town. Jay Boodheshwar, Deputy Town Manager 9. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing an Increase of $23, to Purchase Order Number to CDW- G, for a New Total of $42, for the Purchase of Additional Cisco Hardware and Approving a Total Project Budget Not to Exceed $46, Jay Boodheshwar, Deputy Town Manager C. OTHER 1. Update of the Cherry Lane Drainage Improvements Project. H. Paul Brazil, P.E., Director of Public Works 2. Approval of the Selection Committee's Recommendation for RFP No. Page No. 99 Page No. 104 Page No. 111 Page No. 119 Page No. 127 Page No. 132 Page No. 135 TC Meeting

4 IX Golf Course Management Software System for the Par 3 Golf Course to GolfNow, LLC. and permission to negotiate agreement on behalf of the Town. Beth Zickar, Director of Recreation 3. Approval of the Selection Committee's Recommendation for RFP No Golf Instruction Services for the Par 3 Golf Course to the following golf professionals: Gene George, Tim McCoy, Bradford Costa, John Safford, Steve Madsen Pro, LLC and Kellie Stenzel Golf, Inc and authorizing permission to negotiate agreements on behalf of the Town. Beth Zickar, Director of Recreation 4. Status Report of Delinquent Accounts and Request for Authorization to Write-off Uncollectible Accounts Jane Struder, Director of Finance 5. Authorization of Ordinance, Rules, and Standards Committee to Study Potential Amendments to the Regulation of Charitable Solicitations Susan A. Owens, MMC, Town Clerk REGULAR AGENDA A. Old Business 1. Unsolicited Interest in Purchasing Town-Owned Property at 5976 Okeechobee Blvd. Jay Boodheshwar, Deputy Town Manager 2. Approval of Construction Methodology for Bradley Park Improvements. H. Paul Brazil, P.E., Director of Public Works 3. Consideration of Modifications to Pedestrian Signalization of the Sunset Avenue and North County Road Intersection. H. Paul Brazil, P.E., Director of Public Works B. New Business 1. Appointment to the Code Enforcement Board Kirk W. Blouin, Director of Public Safety 2. Request for Donor Recognition Plaque for Palm Tree Planting on North County Road by Palm Beach Civic Association and Palm Beach Walks Thomas G. Bradford, Town Manager 3. Coastal Update: Page No. 139 Page No. 143 Page No. 168 Page No. 170 Page No. 177 Page No. 181 Page No. 184 Page No. 190 Page No. 197 a. Shore Line Protection Update b. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing State Grant of FDEP Contract No. 14PB7, Amendment No. 4, Between the State of Florida Department of Environmental Protection and the Town of Palm Beach Under the Florida Beach Management Funding TC Meeting

5 Assistance Program for the Lake Worth Inlet Management Plan Implementation, Specifically Sea Turtle Nesting Monitoring Reimbursement, and Authorizing the Town Council President to Execute Same on Behalf of the Town. H. Paul Brazil, P.E., Director of Public Works C. Matters Pulled From Consent Agenda: If needed X. ORDINANCES A. Second Reading 1. ORDINANCE NO An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 18, Buildings And Building Regulations: At Section , Preliminary Sketch; Site Plan; Final Plan, Subsection (B), By Clarifying That Architectural Commission Applications Shall Be Made On A Standard Town Form, That Major Projects And Minor Projects With Notice Applications Must Be Submitted At Least 35 Days In Advance Of The Architectural Commission Meeting, That Revisions To Certain Applications Must Be Submitted At Least 15 Days In Advance Of The Architectural Meeting, And Correcting Cross-Reference Section Numbers; At Subsection (C) By Clarifying That Architectural Commission Applications Shall Be Made On A Standard Town Form, That Minor Projects With No Notice Must Be Submitted At Least 15 Days In Advance Of The Architectural Commission Meeting, And Correcting Cross-Reference Section Numbers; At Section , Notice; Photographs, Subsection (2) And (3), By Requiring That A Graphic Depiction Showing A Building And Landscaping Elevation Of Each Major Project And Minor Project With Notice Be Included In The Notice, Requiring That Notices Be Mailed To Nearby Property Owners At Least 30 Days In Advance Of The Architectural Commission Meeting, Requiring Applicants To Provide An Affidavit Verifying Compliance With Notice Provisions; And That Digitized Color Photographs Measure At Least 4 X 6 ; And At Section , Referral Of Plans To Commission, Requiring That The Architectural Commission Shall Act On Applications Within 40 Days Of Filing Deadlines; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. John S. Page, Director of Planning, Zoning & Building 2. ORDINANCE NO An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 74, Parks and Recreation; Article II, Beaches and Aquatic Activities; Division 2 Fishing, to Include a New Section Titled Shark Fishing; Prohibiting Shark Fishing or Chumming Within Three Hundred Feet North and South of the Municipal Beach and Beach Access Points; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing for an Effective Date. Page No. 232 Page No. 248 TC Meeting

6 XI. Jay Boodheshwar, Deputy Town Manager 3. ORDINANCE NO An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Providing for an Amendment to the Town's Budgets Adopted for the Fiscal Year Commencing October 1, 2015, Providing an Effective Date. Jane Struder, Director of Finance ANY OTHER MATTERS XII. ADJOURNMENT Note 1: Note 2: Note 3: Note 4: Note 5: Note 6: PLEASE TAKE NOTE: No written materials received after 3:30 p.m. on the Thursday immediately prior to a monthly Town Council meeting will be included in the back-up binders distributed to the Mayor and Town Council in preparation for that meeting. Written materials received after 3:30 p.m. on Thursday will be separately distributed to the Mayor and Town Council; however, depending upon the length of the materials, the time of submittal, and other circumstances, the Mayor and Town Council may not be able to read and consider such late submittals prior to acting upon the policy matter(s) which they address. The progress of this meeting may be monitored by visiting the Town's website (townofpalmbeach.com) and clicking on "Meeting Audio" in the left column. If you have questions regarding that feature, please contact the Office of Information Systems (561) The audio recording of the meeting will appear within 24 hours after the conclusion of the meeting. If a person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings. For such purpose, he/she 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. Disabled persons who need an accommodation in order to participate in the Town Council Meeting are requested to contact the Town Manager's Office at or through the Florida Relay Service by dialing for voice callers or for TDD callers, at least two (2) working days before this meeting. Items listed on the Consent Agenda will be approved by one motion of the Town Council, unless the Mayor or an individual Council Member requests that any item(s) be moved to the Regular Agenda and individually considered. All back-up material for the items listed on the agenda are posted to the Town's website and ed to all Stay Informed subscribers on the Friday before the Town Council meeting. To access the back-up materials and/or subscribe to the Stay Informed list, please visit the Town's website (townofpalmbeach.com). PROCEDURES FOR PUBLIC PARTICIPATION Citizens desiring to address the Town Council should proceed toward the public microphones when the applicable agenda item is being considered to enable the Town Council President to acknowledge you. Page No. 251 TC Meeting

7 PUBLIC HEARINGS: COMMUNICATIONS FROM CITIZENS: Any citizen is entitled to be heard on an official agenda item under the section entitled "Public Hearings," subject to the three minute limitation. Any citizen is entitled to be heard concerning any matter under the section entitled "Communications from Citizens," subject to the three minute limitation. The public also has the opportunity to speak to any item listed on the agenda, including the consent agenda, at the time the agenda item comes up for discussion. OTHER AGENDA ITEMS: Any citizen is entitled to be heard on any official agenda item when the Town Council calls for public comments, subject to the three minute limitation. Town Council Meetings are public business meetings and, as such, the Town Council retains the right to limit discussion on any issue. TC Meeting

8 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Minutes Agenda Title MINUTES: SEPTEMBER 14, 2016 Approval of the Minutes of the Local Planning Agency Meeting Presenter Susan A. Owens, MMC, Town Clerk ATTACHMENTS: Description Minutes of the Local Planning Agency Meeting Held on September 14,

9 MINUTES OF THE LOCAL PLANNING AGENCY MEETING HELD ON WEDNESDAY, SEPTEMBER 14, I. CALL TO ORDER AND ROLL CALL The Local Planning Agency meeting was called to order at 9:30 a.m. on Wednesday, September 14, 2016, in the Town Council Chambers. On roll call, all of the members were found to be present. II. COMMUNICATIONS FROM CITIZENS Anne Pepper, 333 Seaspray Ave., spoke regarding the proposed Sea Streets option, the push to promote community development over the welfare of residents, a re-zoning letter that was published in the newspaper, out of scale development, and underground parking requirements. Julie Araskog, 1490 Via Manana, thanked the Town Council and Staff for all of their efforts regarding their changes to the Architectural Commission application procedures. III. ORDINANCE NO An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 134, Zoning As Follows: Section , Lot, Yard And Area Requirements By Creating Alternative Zoning Regulations That Could Be Used For Seaview Avenue, Seaspray Avenue And Seabreeze Avenue In The R-B Zoning District; Sections , , And By Exempting Sub-Basements From The Maximum Building Length Requirements In The C-TS, C-WA, C-OPI And C-B Commercial Zoning Districts; Section By Creating Separate Zoning Regulations For Lot Coverage, Setbacks And Landscape Open Space Requirements For Sub-Basements In The C-TS, C-WA, C- OPI And C-B Commercial Zoning Districts; Section By Providing Landscape Screening Regulation For Boxes Housing Essential Services; And Section By Eliminating A Specific Fee For Visitor/Service Permits; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. Local Planning Agency Recommendation to Town Council on Adoption of Ordinance No Discussion ensued regarding the proposed ordinance having too many constraints and not properly encapsulating what the Town Council originally agreed upon. Zoning Administrator Castro provided an overview of the modifications made pursuant to the Town Council s direction. 9

10 MINUTES OF THE LOCAL PLANNING AGENCY MEETING HELD ON WEDNESDAY, SEPTEMBER 14, IV. Maura Ziska spoke regarding the language in the ordinance being confusing and the proposed provision limiting the size of underground structures to 15,000 feet. Discussion ensued regarding eliminating the provision limiting the size of sub-basements to 15,000 feet, drainage and flood basin requirements, the potential for further development opportunities, lot coverage requirements for above-ground use, meeting greenspace requirements, the Testa s Project, sea-level rise, the ordinance language being confusing, the need to provide residents with flexibility and practical solutions when designing underground garages, provisions for building onto dunes, and rereviewing the Town s current drainage requirements. Motion was made by Agency Member Kleid, and was seconded by Agency Member Moore, to defer Ordinance No , to the October 13, 2016, Local Planning Agency meeting. On roll call, the motion carried unanimously. ADJOURNMENT There being no further business, the Local Planning Agency meeting of Wednesday, September 14, 2016, was adjourned at 10:12 a.m. APPROVED: Michael J. Pucillo Local Planning Agency President ATTEST: Susan A. Owens, MPA, MMC Town Clerk Date LPA Mtg. / Page 2 of 2 10

11 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Minutes Agenda Title MINUTES: SEPTEMBER 14, 2016 Approval of the Minutes of the Regular Town Council Meeting Presenter Susan A. Owens, MMC, Town Clerk ATTACHMENTS: Description Minutes of the Regular Town Council Meeting Held on September 14,

12 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, I. CALL TO ORDER AND ROLL CALL The regular Town Council meeting was called to order on Wednesday, September 14, 2016, at 10:16 a.m., in the Town Council Chambers. On roll call, all of the elected officials were found to be present. II. INVOCATION AND PLEDGE OF ALLEGIANCE Town Clerk Owens gave the invocation. Council President Pucillo led the Pledge of Allegiance. III. RECOGNITIONS None IV. PRESENTATIONS A. Palm House Presentation - Cary Glickstein John S. Page, Director of Planning, Zoning and Building Cary Glickstein, Receiver for the Palm House, provided an update on the receivership and spoke regarding the deteriorating conditions of the property. Discussion ensued regarding the poor interior and exterior conditions of the property, public safety concerns, legal opposition for the use of Town funds to address the safety issues, ways the Town can help Receiver Glickstein address the aesthetic and safety concerns, the pending mediation, Town Attorney Randolph working with Receiver Glickstein to expand the Receiver s scope of authority over the property, allowing the Public Works Department to maintain the property s landscaping, the lien status taking priority over the needs of the municipality, concerns regarding Hurricane Season, prioritizing the list of recommendations from the Town Fire Marshall, authorizing Town Manager Bradford to expend up to $25,000 to address the public safety concerns, and proper storage of the debris on the property after a hold-harmless indemnification has been obtained. Motion was made by Council President Pro Tem Kleid, and seconded by Council Member Zeidman, to request access to the property from Receiver Glickstein, subject to obtaining a hold harmless indemnification covering the Town s assessment and correction of any public safety issues identified, with the cost of said work not to exceed $25,000. On call for a vote, the motion carried unanimously. 12

13 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, It was the consensus of the Town Council to request that Receiver Glickstein report back to Town Council, at either the October 10, 2016, or October 13, 2016, Town Council meeting, to provide further status updates on the Palm House matter. (Clerk s Note: The following two items were heard in reverse order.) V. COMMENTS OF MAYOR GAIL L. CONIGLIO Mayor Coniglio spoke regarding the upcoming northbound lane closure on Flagler Avenue scheduled from September 19, 2016, to October 3, 2016, and provided an overview of the need for the closure and how traffic will be diverted in the area. VI. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER (Clerk s Note: The following carryover item from the previous day s Town Council meeting was added to the agenda.) RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing an Increase to Purchase Order No to Johnson-Davis, Inc., for the North End Drainage Improvement Project, Increasing the Construction Phase Budget by $94,490 and Establishing a New Construction Phase Budget. Town Manager Bradford provided an overview of the two versions of Resolution No prepared by Staff based upon the Council s discussions at the previous day s Town Council meeting. Town Attorney Randolph provided additional details on the Project and opined that the Town Council approve the version of the resolution without a Section 5. Discussion ensued regarding the approval of the above referenced version of the resolution not meaning that the Town is pulling back from the Project. Mary Viator, 262 Cherry Ln., spoke regarding the Cherry Lane residents representative attempting to schedule a design meeting with the applicable professionals and his clients and requested a copy of the Project s drainage plans for said meeting. Motion was made by Council Member Moore, and seconded by Council Member Zeidman, to approve the proposed version of Resolution No without a Section 5. On call for a vote, the motion carried unanimously. Council President Pucillo directed Staff to provide the Cherry Lane residents with copies of the drainage plans for the Project. VII. COMMUNICATIONS FROM CITIZENS (Clerk s Note: The following public comment was received upon reconvening from the lunch recess.) TC-DR Mtg. / Page 2 of 13 13

14 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, Anita Seltzer, 44 Cocoanut Row, spoke regarding the deed restrictions and referendum requirements related to Special Exception # with Site Plan Review, delegation of municipal responsibilities, and deferral of Special Exception # from the Landmarks Preservation Commission meeting agenda. VIII. APPROVAL OF AGENDA The following changes were made to the agenda: Deferrals: The following items were deferred to the October 13, 2016, Town Council meeting: Item No. X.C.1c., Special Exception # with Site Plan Review and Variance Item No. X.C.2c., Special Exception # with Site Plan Review Withdrawal: Item No. X.C.1b., Variance # , was withdrawn. Motion was made by Council Member Moore, and seconded by Council President Pro Tem Kleid, to approve the Agenda, as amended above. On roll call, the motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing Ad Valorem Tax Exemptions for 801 South County Road, Hereinafter Described and Stating That the Subject Property Meets the Criteria Set Forth in Chapter 54, Article V of the Code of Ordinances of the Town of Palm Beach, Relating to Landmarks Preservation and Titled Tax Exemptions. John S. Page, Director of Planning, Zoning and Building Director Page provided an overview of the exemption. Motion was made by Council Member Moore, and seconded by Council Member Lindsay, to approve Resolution No On roll call, the motion carried unanimously. X. DEVELOPMENT REVIEWS Town Clerk Owens swore in those who would be providing testimony. A. Appeals 1. ARCOM Appeal (A ) Landscape/Hardscape 135 Seagate Road John S. Page, Director of Planning, Zoning and Building The following ex-parte communications were declared: Mayor Coniglio spoke with the property owner, who advocated in opposition to the appeal, and to Architectural Commission Vice Chair Vanneck, who provided additional information regarding the project; Council President TC-DR Mtg. / Page 3 of 13 14

15 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, Pucillo spoke with the appellant, who advocated her position; Council President Pro Tem Kleid and Council Members Moore and Zeidman spoke with the property owner, who advocated in opposition to the appeal, and to the appellant, who advocated her position; Council Member Lindsay spoke with the appellant, who advocated her position; and, Council Member Moore disclosed that she had attended the ARCOM meeting at which this matter was originally heard. Director Page provided an overview of the appeal. Town Attorney Randolph reminded the Town Council that its consideration of the appeal is limited to what is in the Architectural Commission (ARCOM) meeting record. Discussion ensued clarifying that the meeting record applicable for the purposes of this appeal is the August 24, 2016, ARCOM meeting record. Appellant Khooshe Aiken, 145 Seagate Rd., provided an overview of the basis for her appeal. Attorney Greg Kino, on behalf of the appellee, noted that some of the pictures being provided by the appellant were not submitted at the ARCOM meeting. Council President Pucillo informed the appellant that the Town Council cannot consider pictures that were not submitted at the ARCOM meeting. Attorney Kino provided the appellee s rebuttal and an overview of the appellee s objections to the appeal. Discussion ensued regarding the appellant and appellee s hedge heights, which pictures were not submitted at the ARCOM meeting, and the fact that ARCOM does not review landscaping plans on neighboring properties. Ann Vanneck, ARCOM Vice Chair, spoke regarding ARCOM s responsibilities, her efforts to get the appellant and appellee to agree on the landscaping plans, and the appellant proposing a different solution after the fact. Discussion ensued regarding the appropriate height for the palm trees screening the appellant and appellee s properties from each other, whether the appellant should have made her appeal when the original plans were approved in 2015, and what ARCOM actually approved. Appellee Caroline Rafferty stated that she wanted to resolve the matter and provided an overview of her efforts to accommodate the appellant and why her Project was designed the way it was. Discussion ensued regarding the appellant s landscape concerns and the steps taken to resolve them, what the appellant wants from the appellee, TC-DR Mtg. / Page 4 of 13 15

16 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, the parties needing to continue to work together to address their issues, and needing to proceed with a ruling on the appeal. Motion was made by Council Member Moore, and seconded by Council President Pucillo, to deny the appeal of ARCOM s August 24, 2016, decision regarding landscaping/hardscaping at 135 Seagate Road (A ). On call for a vote, the motion passed 4-1, with Council Member Lindsay dissenting. B. Time Extensions and Waivers 1. Extension of Time Schedule for Completion of Construction per Town Code 476 South Ocean Boulevard John S. Page, Director of Planning, Zoning and Building No ex-parte communications were declared. Attorney Tim Hanlon, on behalf of 476 South Ocean Boulevard, provided an overview of his client s request. Jack McDonald, 115 Lakeshore Dr., spoke regarding precedence for the approval of multiple time extensions due to extenuating circumstances, and provided an overview of the circumstances prohibiting this applicant from completing the Project on time. Director Page provided an overview of the Project, prior time extension requests, and the fines accrued so far. He further recommended that, if a second extension is approved, it be specific in terms of the fines to be assessed. Discussion ensued regarding the precedent for approving multiple time extensions, future projects needing multiple extensions, the extent of the applicant s mitigating circumstances, the prior time extension granted, fine waivers, getting the project completed, prior Town problems with construction being completed timely and the regulations adopted to address them, setting conditions for approval of the extension, staying the fines currently accruing and requiring the builder to request that they be reduced or eliminated, the ability of the Project to be completed within six months, assessing an appropriate fine, and the consequences if the Project is not completed within the time extension granted. Motion was made by Council President Pro Tem Kleid, and seconded by Council Member Moore, to approve a six-month time extension for the completion of construction at 476 South Ocean Boulevard, subject to the following conditions: Payment of $30,000 to the Town within ten days to cure the current accumulated fines Exterior work, excluding the front area, is allowed until October 31, 2016 Should the above work not be completed by October 31, 2016, then a fine of $500 per day will be assessed. Should the above work continue to be incomplete after six-months, then the fine assessed shall increase to $1,000 per day until the project is complete TC-DR Mtg. / Page 5 of 13 16

17 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, On call for a vote, the motion carried unanimously. 2. Construction Hours Work Extension: 2560 South Ocean Boulevard Infinity Roofing and Sheet Metal John S. Page, Director of Planning, Zoning and Building No ex-parte communications were declared. John Mitala, Infinity Roofing and Sheet Metal, provided an overview of the request. Director Page provided Staff s comments. Discussion ensued regarding noise, weather, lighting, mobilization and actual construction start times, resident and neighbor notification of the Project, precedent, safety, the Project timeline, residents concerns, approval of the project by the condominium s Board of Directors, rescinding approval based upon reasonable neighbor complaints, and who would make the determination regarding whether or not a complaint is unreasonable. Motion was made by Council Member Lindsay, and seconded by Council Member Zeidman, to grant an extension of construction work hours for 2560 South Ocean Boulevard subject to the following conditions: Work is allowed between the hours of 7:00 a.m. 6:00 p.m., Monday to Friday, until November 15, 2016 This approval shall be rescinded in the event that reasonable neighbor complaints are received, in the discretion of Town Staff, regarding the work. On roll call, the motion carried unanimously. 3. Request for Extended Working Hours per Town Code Chapter 42, Section Cocoanut Row, Suite S-100 (Royal Poinciana Plaza) John S. Page, Director of Planning, Zoning and Building No ex-parte communications were declared. Ron Hostetler, Anderson Moore, provided an overview of the request. Director Page provided Staff s comments. Discussion ensued regarding the delivery of materials. Motion was made by Council Member Lindsay, and seconded by Council Member Moore, to grant an extension of working hours for 50 Cocoanut Row, Suite S-100 (Royal Poinciana Plaza) until December 23, On roll call, the motion carried unanimously. C. Variances, Special Exceptions, and Site Plan Reviews TC-DR Mtg. / Page 6 of 13 17

18 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, Old Business a. SPECIAL EXCEPTION # WITH SITE PLAN REVIEW AND VARIANCES The application of Terry R. Taylor; relative to property commonly known as 780 S. Ocean Blvd., described as lengthy legal description on file; located in the B-A Zoning District. The applicant is requesting a Special Exception with Site Plan Review to modify an existing 500 sq. ft. beach cabana with a 500 sq. ft. addition (1,000 sq. ft. total) in the Beach Area Zoning District. The following Variances are being requested in order to expand and modify the existing beach cabana: 1) to allow a front yard setback of 22.5 feet in lieu of the 35 ft minimum setback required; 2) to allow a ft roof height in lieu of 16 ft maximum allowed, 3) to retain the existing 43 inch wall in lieu of a wall at the required height of 30 inches in the beach vista area. The vista is required to be 75%of the lot width in this case. [Attorney: Peter S. Broberg, Esq.] [Landmark Commission Recommendation - Implementation of the proposed variances will not cause negative architectural impact to the subject landmark property. Carried 7-0] Deferred from the June 15, 2016, and July 13, 2016, Town Council Meetings John S. Page, Director of Planning, Zoning & Building No ex-parte communications were declared. Attorney Broberg stated that the applicant is withdrawing their variance request to retain the existing 43-inch wall. Attorney Broberg then proceeded to provide an overview of the applicant s remaining requests. Zoning Administrator Castro provided Staff s comments. Motion was made by Council Member Zeidman, and seconded by Council Member Moore, that the variance requests related to Special Exception # to allow a 22.5-foot front yard setback and a foot roof height be granted and find in support thereof that all the applicable criteria set forth in Section (a), items 1-7, of the Town Code have been met. On roll call, the motion carried unanimously. Motion was made by Council Member Zeidman, and seconded by Council Member Lindsay, that Special Exception # shall be granted based upon the finding that such grant will not adversely affect the public interest and that the applicable criteria set forth in Section of the Town Code have been met, and that the related Site Plan be approved based upon the finding that the approval of the site plan will not adversely affect the public interest and that the Council certifies that the specific zoning requirements governing the individual use have been met and that satisfactory provision and arrangement has been made concerning Section , items 1 through 11, of the Town Code. On roll call, the motion carried unanimously TC-DR Mtg. / Page 7 of 13 18

19 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, (Clerk s Note: The Town Council adjourned for lunch at 1:08 p.m., and reconvened the meeting at 2:20 p.m. Upon reconvening, further Communication from Citizens was received. See Item No. X.C.1.b., Communications from Citizens.) b. VARIANCE # The application of Mitchell and Victoria Evans; relative to property commonly known as 168 East Inlet Dr., described as lengthy legal description on file; located in the R-B Zoning District. The applicant is proposing to add a 1,595 square foot second story addition onto the existing one story residence. The proposed addition will not require the demolition of more than 50% cubic footage of the existing house. The following variances are being requested: 1) lot coverage of 37.8% in lieu of the 30% maximum allowed for a two story structure.; 2) cubic content ratio ( CCR ) of 4.92 in lieu of the 3.21 existing and 3.99 maximum allowed. [Attorney: Maura Ziska, Esq.] [Architectural Commission Recommendation: Deferred the project to its October 26, 2016, meeting. Carried 7-0] Deferred from the July 13, 2016, Town Council Meeting. Request for Withdrawal Per Letter Dated September 1, 2016, from Maura A. Ziska. John S. Page, Director of Planning, Zoning & Building Item was withdrawn. c. SPECIAL EXCEPTION # WITH SITE PLAN REVIEW AND VARIANCE The application of SKIK, LLC Zvenka V. Kleinfeld, Manager; relative to property commonly known as 232 Colonial Ln., described as lengthy legal description on file; located in the R-B Zoning District. The applicant is requesting to allow 1) the construction of a 2,845.5 square foot two-story, single family residence on a non-conforming lot which is 75 feet in width in lieu of the 100 foot minimum required; 82 feet in depth in lieu of the 100 foot minimum required and 6,150 square feet in area in lieu of the 10,000 square foot minimum required; 2) To have a front yard setback for one story portion of the residence to be 23 feet in lieu of the 25 foot minimum setback required. [Attorney: Maura Ziska, Esq.] [Architectural Commission Recommendation: Deferred the project to the September 28, 2016 meeting. Carried 6-1.] Deferred from the August 16, 2016, Town Council Meeting. Request for Deferral to the October 13, 2016, Town Council Meeting Per Letter Dated August 26, 2016, from Zvenka V. Kleinfeld. John S. Page, Director of Planning, Zoning & Building Item was deferred to the October 13, 2016, Town Council meeting 2. New Business a. SITE PLAN REVIEW # The application of 109 RPW LLC (Paul T. Jones); relative to property commonly known as 109 Royal Palm Way, described as lengthy legal description on file; located in the C-B Zoning District. The applicant is requesting a site plan review to install a 150 KW generator in the southwest TC-DR Mtg. / Page 8 of 13 19

20 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, use corner of the sub-basement/parking garage. No parking spaces will be lost due to the installation of the generator. [Attorney: Maura Ziska, Esq.] John S. Page, Director of Planning, Zoning & Building No ex-parte communications were declared. Attorney Ziska provided an overview of the applicant s request. Zoning Administrator Castro provided Staff s comments. Motion was made by Council Member Lindsay, and seconded by Council Member Moore, that Site Plan # be approved based upon the finding that the approval of the site plan will not adversely affect the public interest and that the Council certifies that the specific zoning requirements governing the individual have been met and that satisfactory provision and arrangement has been made concerning Section , items On roll call, the motion carried unanimously. b. SPECIAL EXCEPTION # WITH SITE PLAN REVIEW AND VARIANCES The application of Harvey E. Oyer, Esq., on behalf of the Society of the Four Arts, Inc.; relative to property commonly known as 3 Four Arts Plaza, described as lengthy legal description on file; located in the R-B Zoning District. The applicant is requesting for approval to rehabilitate the Gioconda and Joseph King Library ( King Library ). The design objectives of the King Library rehabilitation are as follows: maintain the public entrance facing Four Arts Plaza, maintain the first floor of the original Fatio Building as a library reading room, provide a Rare Documents Room that has proper ventilation and humidity and security, provide a meeting space on the second floor of the original Fatio Building, restore the exposed wood roof trusses on the second floor of the original Fatio Building, provide staff work stations and work space, provide accessible restroom facilities in accordance with ADA, and provide second means of egress from second floor. The following variances are requested for the new addition to the King library: 1) To reduce the required front yard setback for the King Library to 12.0 feet in lieu of 35 feet minimum required. A variance of 23.0 feet. 2) To increase the required angle of vision to 154 degrees for the King Library in lieu of 116 degrees maximum as required. A variance of 38 degrees. 3) To increase the required building height for the addition to the King Library to be 31.0 feet in lieu of 22 feet maximum as required. A variance of 9.0 feet. 4) To allow an overall building height for the addition to the King Library to be feet in lieu of 30 feet maximum as required. A variance of 5.50 feet. 5) To have the building height plane for the King Library to be 11.0 feet in lieu of 61.5 feet maximum as required. A variance of 50.5 feet. 6) To eliminate the requirement to provide one (1) off-street parking space required for the 649 square foot addition to the King Library. [Attorney: Harvey E. Oyer, Esq.] [Landmarks Commission TC-DR Mtg. / Page 9 of 13 20

21 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, Recommendation: Implementation of the proposed special exception, site plan and variances will not cause negative architectural impacts to the subject landmark property with the exception of the variance for the front staircase. Carried 6-1.] John S. Page, Director of Planning, Zoning & Building The following ex-parte communications were declared: Mayor Coniglio spoke with Attorney Oyer and Architect Kirchhoff, who advocated the position of their client, and was provided a tour of the of the King Library; Council Member Lindsay met with Architect Kirchhoff, who advocated the position of his client; Council Member Moore met with Architect Kirchhoff, who advocated the position of their client; Council President Pucillo listened to the audio that was presented at the Landmarks Preservation Committee (LPC) meeting; Council President Pro Tem Kleid met with Architect Kirchhoff, who advocated for the position of his client, and was provided a tour of the of the King Library; and, Council Member Zeidman met with Attorney Oyer, Architect Kirchhoff, and Page Lee Hufty, who advocated the position of the applicant, was present during the LPC meeting, and was provided a tour of the of the King Library. Attorney Oyer provided an overview of the applicant s request. Zoning Administrator Castro provided Staff s comments. Building Official Bucklew spoke regarding the current location of the Library s wheelchair accessible entrance. Rachel Schipper, Four Arts Library Director, stated that she had received written support for the Library s requests from original architect Maurice Fatio s granddaughter, Andrea Taylor Bouche. Discussion ensued regarding the variance for the front staircase, the applicant s alternatives should that variance not be approved, reasons for the LPC s recommendation against the staircase variance, safety concerns regarding the current location of the wheelchair entrance causing people to try and take the stairs instead, ADA requirements, and impacts to the landmarked status of the building if the proposed ramp is approved. Motion was made by Council Member Moore, and seconded by Council President Pro Tem Kleid, that Special Exception # shall be granted based upon the finding that such grant will not adversely affect the public interest and that the applicable criteria set forth in Section of the Town Code have been met. On roll call, the motion carried unanimously. On roll call, the motion carried unanimously. Motion was made by Council Member Moore, and seconded by Council Member Lindsay, that the site plan related to Special Exception # be approved based upon the finding that the approval of the site plan will not adversely affect TC-DR Mtg. / Page 10 of 13 21

22 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, On the public interest and that the Council certifies that the specific zoning requirements governing the individual use have been met and that satisfactory provision and arrangement has been made concerning Section , items On roll call, the motion carried unanimously. Motion was made by Council Member Moore, and seconded by Council President Pro Tem Kleid, that the variances related to Special Exception # shall be granted and find, in support thereof, that all criteria applicable to this application as set forth in Section (a), items 1 through 7, of the Town Code have been met. On roll call, the motion carried unanimously. c. SPECIAL EXCEPTION # The application of PNC Bank successor by merger with Fidelity Federal Savings & Loan Association; relative to property commonly known as 240 Sunset Ave. & 245 Royal Poinciana Way, described as lengthy legal description on file; located in the C-TS Zoning District. The applicant is seeking to eliminate a condition that requires the Applicant to demonstrate on an annual basis not less than 50 percent (50%) of its customers are town persons. Each year since 2009, Applicant has provided a confirmation letter from a certified public accounting firm. Each year, that firm has reviewed Applicant s customer base at this location to satisfy this criteria. Since 2009, that firm has provided the Town with confirmation that Applicant s customer base has been overwhelmingly town serving and that customer base does not change significantly from year to year. [Attorney: Francis X. J. Lynch, Esq.] John S. Page, Director of Planning, Zoning & Building No ex-parte communications were declared. Attorney Lynch provided an overview of the applicant s request. Zoning Administrator Castro provided Staff s comments. Discussion ensued regarding the necessity of continuing to require annual demonstrations that a business is Town-serving after they have complied for period of time and options for the removal of said requirement. Motion was made by Council Member Moore, and seconded by Council Member Zeidman, that Special Exception # shall be granted based upon the finding that the approval of such grant will not adversely affect the public interest and the applicable criteria set forth in Section of the Town Code have been met. roll call, the motion carried unanimously. d. SPECIAL EXCEPTION # WITH SITE PLAN REVIEW The application of Brian Vertesch, SMI Landscape Architecture, Agent for the Preservation Foundation of Palm Beach; relative to property commonly known as 100 Bradley Place, described as lengthy legal Park public open space as follows: 1) Removal and relocation of existing fountain centerpiece, located at south west TC-DR Mtg. / Page 11 of 13 22

23 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, XI. area of Bradley Park. Demolition of existing fountain basin; 2) Construction of plaza and fountain basin adjacent to south side of existing structure at north/central property, often referred to as the Tea House ; 3) Demolition of existing one story restroom and kitchen located directly east of the Tea House and the addition of a new public restroom; 4) Removal of asphalt parking adjacent to north side of existing bathroom; 5) Removal and partial replacement of sidewalks on north property line, Sunset Ave, and east property line, Bradley Place; 6) Addition of small overlook structure to the west of the existing pump house, adjacent to the proposed lake trail; 7) Addition of Town Lake Trail extension; 8) Addition of new park entry at north east corner of park; 9) Relocation of existing Bradley Park monument; 10) Addition of stabilized grass parking adjacent to S-2 pump station; 11) Addition of site furnishings including benches, bike rack, and low train sculpture; 12) Addition of sculpture pad to south of the Tea House; 13) Addition of 30 high decorative see through fence around perimeter of park at Sunset, Bradley Place, and Royal Poinciana Way. There will be openings into park with no gates; 14) Addition of stabilized decomposed granite pathways within the park; 15) Addition of landscape lighting; 16) Landscape improvements as graphically described on the plans and specifications submitted. [Attorney: John C. Randolph, Esq.] [Landmarks Commission Recommendation: Implementation of the proposed special exception and site plan review will not cause negative architectural impacts to the subject landmark property with the exception of the fence around the park. Carried 7-0.] John S. Page, Director of Planning, Zoning & Building Item was deferred to the October 13, 2016, Town Council meeting ORDINANCES A. First Reading 1. ORDINANCE NO An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 134, Zoning As Follows: Section , Lot, Yard And Area Requirements By Creating Alternative Zoning Regulations That Could Be Used For Seaview Avenue, Seaspray Avenue And Seabreeze Avenue In The R-B Zoning District; Sections , , And By Exempting Sub-Basements From The Maximum Building Length Requirements In The C-TS, C-WA, C-OPI And C-B Commercial Zoning Districts; Section By Creating Separate Zoning Regulations For Lot Coverage, Setbacks And Landscape Open Space Requirements For Sub-Basements In The C-TS, C-WA, C-OPI And C-B Commercial Zoning Districts; Section By Providing Landscape Screening Regulation For Boxes Housing Essential Services; And Section By Eliminating A Specific Fee For Visitor/Service Permits; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date TC-DR Mtg. / Page 12 of 13 23

24 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 14, John S. Page, Director of Planning, Zoning and Building Motion was made by Council Member Moore, and seconded by Council Member Zeidman, to defer Ordinance No to the October 13, 2016, Town Council meeting. On roll call, the motion carried unanimously. XII. ANY OTHER MATTERS A. Planning and Zoning Commission Recommendations: Record and Report Exterior Lighting and Reasonable Accommodations John S. Page, Director of Planning, Zoning and Building Zoning Administrator Castro provided an overview of the proposed amendments. Director Page provided additional information on the proposed amendment regarding exterior lighting. It was the consensus of the Town Council to direct Staff to prepare an ordinance incorporating the proposed amendments related to exterior lighting for the Town Council s consideration. Town Clerk Owens requested an opportunity to review the proposed amendments related to reasonable accommodations before they are brought back before the Town Council. It was the consensus of the Town Council to direct Staff, subject to input from the Town Clerk, to prepare an ordinance incorporating the proposed amendments related to reasonable accommodations for the Town Council s consideration. XIII. ADJOURNMENT There being no further business, the September 14, 2016, regular Town Council meeting was adjourned at 3:29 p.m. APPROVED: Michael J. Pucillo Town Council President ATTEST: Susan A. Owens, MPA, MMC Town Clerk Date TC-DR Mtg. / Page 13 of 13 24

25 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Minutes Agenda Title MINUTES: SEPTEMBER 21, 2016 Approval of the Minutes of the Special Town Council Meeting Presenter Susan A. Owens, MMC, Town Clerk ATTACHMENTS: Description Minutes of the Special Town Council Meeting Held on September 21,

26 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 21, I. CALL TO ORDER AND ROLL CALL The Special Town Council meeting was called to order on Wednesday, September 21, 2016, at 5:01 p.m., in the Town Council Chambers. On roll call, all of the elected officials were found to be present, with the exception of Council President Pucillo and Council President Pro Tem Kleid. Mayor Coniglio presided over the meeting. A quorum was present. II. PLEDGE OF ALLEGIANCE Mayor Coniglio led the Pledge of Allegiance. III. APPROVAL OF AGENDA Motion was made by Council Member Moore, and seconded by Council Member Lindsay, to approve the Agenda. On roll call, the motion carried 3-0, with Council President Pucillo and Council President Pro Tem Kleid absent. IV. PUBLIC HEARING ON FINAL MILLAGE RATE AND FY17 BUDGET A. Proof of Publication Town Clerk Owens confirmed that proof of publication had been received. B. Announcement of Proposed Operating Millage Rate Town Manager Bradford read into the record the required legal verbiage. C. Reasons for Proposed Operating Millage Rate Increase from the Rolled-Back Millage Rate Town Manager Bradford read into the record the required legal verbiage. D. Comments and Questions from Public None E. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Adopting the Final Millage Rate and Levying Ad Valorem Taxes for the Fiscal Year Beginning October 1, 2016, and Ending September 30, 2017; Setting Forth Certain Information Regarding the 26

27 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 21, Rolled-Back Millage Rate; Directing the Town Manager or the Finance Director to Adjust the Adopted Millage Rate in the Event of Changes in the Assessment Roll and Taxable Value; Providing an Effective Date. Motion was made by Council Member Moore, and seconded by Council Member Zeidman, to approve Resolution No On roll call, the motion carried 3-0, with Council President Pucillo and Council President Pro Tem Kleid absent. F. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Adopting a Final Budget and Appropriating Funds for the Fiscal Year Beginning October 1, 2016, and Ending September 30, 2017; Providing for an Effective Date. Motion was made by Council Member Moore, and seconded by Council Member Lindsay, to approve Resolution No On roll call, the motion carried 3-0, with Council President Pucillo and Council President Pro Tem Kleid absent. V. ANY OTHER MATTERS Mayor Coniglio requested that Finance Director Struder report on the status of the Town s FY2016 budget and surplus. Director Struder reported that the Town expects to have a surplus of $6 million dollars, which will be deemed excess unassigned fund balance and can be used for one-time expenses or one-time projects as the Town Council deems appropriate. It was the consensus of the Town Council members present to begin discussion on the Fiscal Year 2018 Budget in March VI. ADJOURNMENT There being no further business, the September 21, 2016, Special Town Council meeting was adjourned at 5:10 p.m. APPROVED: Michael J. Pucillo Town Council President ATTEST: Susan A. Owens, MPA, MMC Town Clerk Date STC Mtg. / Page 2 of 2 27

28 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Minutes Agenda Title MINUTES: OCTOBER 10, 2016 Approval of the Minutes of the Regular Town Council Meeting Presenter Susan A. Owens, MMC ATTACHMENTS: Description Minutes of the Regular Town Council Meeting Held on October 10,

29 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, I. CALL TO ORDER AND ROLL CALL The regular Town Council meeting was called to order on Monday, October 10, 2016, at 10:32 a.m., in the Town Council Chambers. On roll call, all of the elected officials were found to be present. II. INVOCATION AND PLEDGE OF ALLEGIANCE Town Clerk Owens gave the invocation. Council President Pucillo led the Pledge of Allegiance. III. APPROVAL OF AGENDA The following changes were made to the agenda: AMENDMENT: Item No. IX.A., Report of the September 8, 2016, ORS meeting, was amended as follows: Page 4, Line 21: /with only quiet work allowed prior to 9:00 a.m. and after 5:00 p.m. DEFERRAL: Item No. XI.B.1., Ordinance No , was deferred to the October 13, 2016, Town Council meeting. Motion was made by Council Member Moore, and seconded by Council Member Lindsay, to approve the Agenda, as amended above. On roll call, the motion carried unanimously. IV. PRESENTATIONS A. Presentations by Applicants for Planning and Zoning Commission John S. Page, Director of Planning, Zoning, and Building The following individuals made presentations to the Town Council: Julie Araskog Lewis Crampton Carol LeCates Michael Jay Scharf Kenneth Walker 29

30 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, V. COMMENTS OF MAYOR GAIL L. CONIGLIO Mayor Coniglio thanked Staff and Florida Power & Light for their accomplishments and dedicated service after Hurricane Matthew. VI. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER Council President Pucillo expressed his appreciation to Staff for their response after Hurricane Matthew. Council President Pro Tem Kleid expressed his appreciation to Staff and Florida Power & Light (FP&L) for their responses after Hurricane Matthew and spoke regarding no one in Jupiter Inlet Colony losing their power during the hurricane and how that is good for the Undergrounding Project. Council Member Zeidman expressed her appreciation to Staff for their response after Hurricane Matthew. Council Member Moore expressed her appreciation to Staff for their response after Hurricane Matthew, recognized those individuals who worked behind the scenes supporting those out in the field, spoke regarding the Facebook pictures posted of how hard Staff was working, and stated that she was proud to be a part of the team. Discussion ensued regarding the number, location, and nature of the power outages and FP&L s enhanced level of service due to their mutual aid agreements with other companies throughout the country. Council Member Lindsay spoke regarding falling vegetation being the cause of many of the power outages in the North end of Town and stated that it only takes a wind speed of about 40 knots to knock out power. Discussion ensued regarding the coordination of the MasTec and FP&L crews. VII. COMMUNICATIONS FROM CITIZENS Susan Gary, 229 Onondaga Ave. spoke regarding the level of service and response after the hurricane and suggested that there be a debriefing with citizen involvement on what went right and what can be improved upon and having a facility for residents to congregate and communicate after storms. Town Manager Bradford spoke regarding the existing debriefing process and existing comfort station at the Community Center. Rene Silvin, 422 Australian Ave., spoke regarding everything going well after the hurricane, the need to send the elevator back down, and Council Members helping out with the restoration efforts. Alexander Ives, 237 Jamaica Ln., thanked the Town for its response to the hurricane. Julie Araskog, 1490 Via Mañana, thanked the Town for its response to the hurricane TC Minutes / Page 2 of 12 30

31 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, VIII. APPROVAL OF CONSENT AGENDA Motion was made by Council Member Zeidman, and seconded by Council Member Moore, to approve the Consent Agenda. On roll call, the motion carried unanimously. A. MINUTES 1. MINUTES: SEPTEMBER 12, 2016 Approval of the Minutes of the Special Town Council Workshop Meeting Susan A. Owens, MMC, Town Clerk 2. MINUTES: SEPTEMBER 13, 2016 Approval of the Minutes of the Regular Town Council Meeting Susan A. Owens, MMC, Town Clerk 3. MINUTES: SEPTEMBER 13, 2016 Approval of the Minutes of the Special Town Council Meeting-Budget Hearing #1 Susan A. Owens, MMC, Town Clerk 4. Approval of Major Matters Considered by the Architectural Commission at its Meeting of September 28, 2016 John S. Page, Planning, Zoning and Building B. RESOLUTIONS 1. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Declaring Zoning in Progress Relating to Zoning Items Under Study by the Town as Enumerated on Exhibit "A" Attached Hereto; Requiring That No Building Permits or Business Tax Receipts Be Issued by The Department of Planning, Zoning and Building During the Period That Zoning is in Progress for any Project in Contravention of Any Proposal Under Study; Providing an Effective Date. John S. Page, Director of Planning, Zoning & Building 2. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving Purchase Orders to Palm Beach County for Maintenance and Repair of Fire Rescue Fleet Apparatus in an Amount Not to Exceed an Established Budget of $117,600. Kirk W. Blouin, Director of Public Safety 3. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Extending the Terms of the Current Support Agreement Resolution , with Auxis, LLC. in the Amount of $120,000 for the Provision of Information Technology Support Services for the Office of Information Technology as Outlined in RFQ No ; and Authorizing the Town Manager to Execute Said TC Minutes / Page 3 of 12 31

32 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, IX. Agreement on Behalf of the Town. Jay Boodheshwar, Deputy Town Manager 4. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding Bid No and Approving a Construction Contract to Murray Logan Construction, Inc., for the E-8 Wastewater Ejector Rehabilitation Improvements, in the Amount of $228,000 and Establishing a Construction Phase Budget of $245,000. H. Paul Brazil, P.E., Director of Public Works (Clerk s Note: The Above Item Also Included Approval of Waivers of Sections through 199 of the Town Code to Allow for Extended Work Hours and Night Time Work, as Necessary, and Approved by Public Works, and Waivers of Sections through 229 of the Town Code, Regulation of Noise, as Necessary, and Approved by Public Works, for Work Related to the Improvements.) 5. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Repealing Section , Of The Town s Administrative Amendments to the Florida Building Code, Chapter 1, Which Requires That There Be Only One Primary Contractor Per Job Site. John S. Page, Director of Planning, Zoning & Building C. OTHER 1. Police Department HVAC Retrofit Project Update. H. Paul Brazil, P.E., Director of Public Works 2. Authorization for the Finance and Taxation Committee to Study Pension Alternatives Thomas G. Bradford, Town Manager 3. Approval to Expend Town Funds for Removal of Derelict Vessel. Thomas G. Bradford, Town Manager COMMITTEE REPORTS A. Report of the Ordinances, Rules, & Standards Committee Meeting of September 8, 2016 Bobbie Lindsay, Chair Chair Lindsay provided an overview of the Report. Motion was made by Council Member Moore, and seconded by Council Member Zeidman to accept the Ordinances, Rules, & Standards Committee Report of September 8, 2016, subject to the following amendment on page 4, line 21: >with only quiet work allowed prior to 9:00 a.m. and after 5:00 p.m. On roll call, the motion carried unanimously TC Minutes / Page 4 of 12 32

33 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, B. Report of the Public Works Committee Meeting of September 15, 2016 Danielle Moore, Chair Chair Moore provided an overview of the Report. Discussion ensued regarding the various water supply options available. Council President Pucillo directed Staff to further research the various water supply options available. Motion was made by Council Member Lindsay, and seconded by Council Member Zeidman, to accept the Public Works Committee Report of September 15, On roll call, the motion carried unanimously. The following item was taken out of order and heard at this time: ITEM NO. X.B.1. Appointments to the Planning and Zoning Commission John S. Page, Director of Planning, Zoning, and Building It was the consensus of the Town Council to ratify the appointments of Lew Crampton, Carol LeCates, and Kenneth Walker to the Planning and Zoning Commission. (Clerk s Note: Subsequent action was taken on the above item during Any Other Matters.) X. REGULAR AGENDA A. Old Business 1. Update on Par 3 Golf Course Clubhouse Maintenance and Improvement Reserves Approved Projects and Request to Add Additional Project and Funding. Beth Zickar, Director of Recreation Director Zickar provided an update on the Par 3 Golf Course Clubhouse Maintenance and Improvement Reserves Projects and the request to add an additional project and funding for same. Discussion ensued regarding cost saving measures, maintenance and improvement expenditures to date, future Town costs for maintenance projects for a subsidized tenant, the tenant agreeing to pay for half of the initial costs to install exterior weather protection screens and motors and to reimburse the Town for all future maintenance and repairs related to them. Motion was made by Council President Pro Tem Kleid, and seconded by Council Member Moore, to approve a budget appropriation of $72,600 from the Recreation Contingency Account to replace the exterior wind screening on the Clubhouse TC Minutes / Page 5 of 12 33

34 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, veranda, subject to memorialization of tenant Al Fresco s agreement to reimburse the Town for 50% of the initial project costs and 100% of all maintenance costs associated with the screening throughout the term of their lease. On roll call, the motion carried 4-1, with Council Member Lindsay dissenting. 2. Informational Update on Jurisdictional Transfer of the Building Board of Adjustment and Appeals John S. Page, Director of Planning, Zoning & Building Director Page provided an update on the jurisdictional transfer process for the Building Board of Adjustment and Appeals. Motion was made by Council Member Zeidman, and seconded by Council Member Moore, to conceptually approve the jurisdictional transfer of the Building Board of Adjustment and Appeals and to direct Staff to bring back the appropriate resolution or ordinance effecting same at the November 8, 2016, Town Council meeting. On roll call, the motion carried unanimously. B. New Business (Clerk s Note: The following item was taken out of order and heard after Item No. IX.B.) 1. Appointments to the Planning and Zoning Commission John S. Page, Director of Planning, Zoning and Building See Page Town Contribution to the Society of the Four Arts Capital Fund for the King Library Richard M. Kleid, President Pro Tem Council President Pro Tem Kleid provided an overview of the reasons the Town Council should consider contributing to the Society of the Four Arts Capital Fund for the King Library. Discussion ensued regarding the fact that the King Library is already partially funded by the Town taxpayers, setting a precedent for other charitable organizations receiving donations from the Town, the King Library being a quasi-public organization since it is the Town library and offers significant cost savings to the taxpayers by not requiring them to pay the additional County library tax, past donations to the Library s capital projects, the appropriate amount to donate, and what other municipalities do in regards to donations. Motion was made by Council President Pro Tem Kleid, and seconded by Council Member Moore, to appropriate a one-time donation of $25,000 from the Town s Contingency Fund to the Society of the Four Arts Capital Fund for the King Library. On roll call, the motion carried unanimously. 3. Zika Virus Response Plan TC Minutes / Page 6 of 12 34

35 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, Jay Boodheshwar, Deputy Town Manager Deputy Town Manager Boodheshwar provided an update on the Town s response plan to the Zika Virus. Robert Santana, Clarke Environmental Mosquito Management, provided an overview of the larvicide and adulticide sprays to be used, timing and methods of spraying, efficacy of the spray, and the spraying done in Miami. Discussion ensued regarding funding for the service, property owners not taking responsibility for removing large piles of debris and standing water that can breed mosquitos, federal approval of the sprays, inclusion of private golf course facilities in the spraying, timing of the spraying, spraying risks, and addressing the concerns of those owners that don t want their properties sprays. Motion was made by Council Member Zeidman, and seconded by Council President Pro Tem Kleid, to approve moving forward with the proposed larval control and Town-wide adulticiding vector control prevention response plan, subject to the following conditions: All treatments must be completed by October 31, 2016 Treatments are only allowed between the hours of 12:00 a.m. and 5:00 a.m. Residents shall be provided at least ten days notice prior to any treatments On roll call, the motion carried 4-1, with Council Member Lindsay dissenting. 4. Coastal Update: H. Paul Brazil, P.E., Director of Public Works a. Shore Line Protection Update Director Brazil stated that the shore line photograph presentation would not be available until the October 13, 2016, Town Council meeting and provided a brief overview of the larger impacts from Hurricane Matthew. Discussion ensued regarding Reach 2 and the reduction in impact of Hurricane Matthew compared to previous storms. It was the consensus of the Town Council to defer the shore line photograph presentation and full update to the October 13, 2016, Town Council meeting. b. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, approving a Contract Extension to D.B. Ecological Services, Inc., for Permit Required Sea Turtle Nesting Monitoring, in the Amount of $177,780, and Establishing a Project Budget Of $200, TC Minutes / Page 7 of 12 35

36 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, Director Brazil stated that the Florida Fish and Wildlife Commission has requested that the Town waive the expiration date of its contract with D.B. Ecological Services, Inc. and provided an overview of the contract extension. Motion was made by Council Member Moore, and seconded by Council Member Lindsay, to waive the expiration of the contract with D.B. Ecological Services, Inc. On roll call, the motion carried unanimously. Motion was made by Council Member Moore, and seconded by Council President Pro Tem Kleid, to approve Resolution No On roll call, the motion carried unanimously. c. Waivers to Town Code for Construction Dates, Hours, and Noise for Staging in the Lake Worth Lagoon. Director Brazil provided an overview of the City of Boca Raton s request for waivers. Discussion ensued regarding previous issues encountered with similar requests, length of the project, location of the staging area, how Boca Raton will ensure that their contractors comply with Town conditions, Town recourses should the contractors fail to adhere to the Town s conditions, limiting disruptions to residents, not allowing work on holidays, Project lighting, tugs idling when not in operation, and allowable active construction times. Motion was made by Council President Pro Tem Kleid, and seconded by Council President Pucillo, to approve the City of Boca Raton s request for waivers, for their contractor Weeks Marine and any of their other subcontractors only, to Section , Section , and Sections through 229 of the Town Code for staging in the Lake Worth Lagoon, subject to the following conditions: Agreements with both the City of Boca Raton and its contractors, acknowledging the conditions of approval for the above waivers and the Town s right to enforce violations thereof by either party No construction activities shall take place within the Lagoon between November 23-27, 2016, December 23, 2016-January 1, 2017, and April 9-19, 2017 All work lights shall be directed westward Tugs shall not be allowed to idle when not in operation Boca Raton shall work with their contractor to limit the hours of active construction to 8:00 a.m. 6:00 p.m. Boca Raton shall utilize the staging area furthest from the Town All anchors and spuds should avoid seagrass as observed on site and previously mapped; and, additional documentation of current conditions shall be performed prior to contractor mobilization Contractor shall coordinate with the Port Authority and Port Pilot as necessary On roll call, the motion carried unanimously. 5. RESOLUTION NO A Resolution of the Town Council of the TC Minutes / Page 8 of 12 36

37 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, XI. Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order to Kimley-Horn and Associates, Inc., for Consulting Services for the Town-Wide Undergrounding of Utilities Program: Master Plan Finalization in the Amount of $40,067. H. Paul Brazil, P.E., Director of Public Works Director Brazil provided an overview of the services to be provided. Discussion ensued regarding funding source, allocating these costs to the Undergrounding Project budget, costs savings and additional upfront information obtained by finalizing the full Plan now, tracking how much of the Project costs have been obligated for and spent so far, and how finalizing the Plan now will reduce the amount needed to finance the Project. Motion was made by Council Member Zeidman, and seconded by Council Member Moore, to approve Resolution No On roll call, the motion carried unanimously. C. Matters Pulled from Consent Agenda None ORDINANCES A. Second Reading 1. ORDINANCE NO An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 2, Administrative; Article V, Code Enforcement; Division 3, Procedure Section 2-439, Citation Fine Schedule, so as to Add Section Relating to Drone Usage, as a Class II Violation; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Deferred from 07/12/16 TCM) Kirk Blouin, Director of Public Safety Motion was made by Council President Pro Tem Kleid, and seconded by Council Member Zeidman, to defer Ordinance No indefinitely. On roll call, the motion carried unanimously. 2. ORDINANCE NO An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 74, Offenses; Section , "Presence During Closed hours; Hours Specified"; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. Jay Boodheshwar, Deputy Town Manager Motion was made by Council Member Moore, and seconded by Council Member Lindsay, to approve Ordinance No , on second and final reading. On roll call, the motion carried unanimously TC Minutes / Page 9 of 12 37

38 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, B. First Reading 1. ORDINANCE An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 18, Buildings And Building Regulations: At Section , Preliminary Sketch; Site Plan; Final Plan, Subsection (B), By Clarifying That Architectural Commission Applications Shall Be Made On A Standard Town Form, That Major Projects And Minor Projects With Notice Applications Must Be Submitted At Least 35 Days In Advance Of The Architectural Commission Meeting, That Revisions To Certain Applications Must Be Submitted At Least 15 Days In Advance Of The Architectural Meeting, And Correcting Cross-Reference Section Numbers; At Subsection (C) By Clarifying That Architectural Commission Applications Shall Be Made On A Standard Town Form, That Minor Projects With No Notice Must Be Submitted At Least 15 Days In Advance Of The Architectural Commission Meeting, And Correcting Cross- Reference Section Numbers; At Section , Notice; Photographs, Subsection (1) And (2), By Requiring That A Graphic Depiction Of Each Major Project And Minor Project With Notice Be Included In The Notice And That Notices Be Mailed To Nearby Property Owners At Least 25 Days In Advance Of The Architectural Commission Meeting, And Requiring Applicants To Provide An Affidavit Verifying Compliance With Notice Provisions; And At Section , Referral Of Plans To Commission, Requiring That The Architectural Commission Shall Act On Applications Within 40 Days Of Filing Deadlines; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. John S. Page, Director of Planning, Zoning & Building Deferred to the October 13, 2016, Town Council meeting 2. ORDINANCE NO An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 74, Parks and Recreation; Article II, Beaches and Aquatic Activities; Division 2 Fishing, to Include a New Section Titled Shark Fishing; Prohibiting Shark Fishing or Chumming Within Three Hundred Feet North and South of the Municipal Beach and Beach Access Points; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing for an Effective Date. Jay Boodheshwar, Deputy Town Manager Motion was made by Council Member Lindsay, and seconded by Council Member Moore, to approve Ordinance No , on first reading. On roll call, the motion carried unanimously. 3. ORDINANCE NO An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, providing for an Amendment to the Town's Budgets Adopted for the Fiscal Year Commencing October 1, 2015, Providing an Effective Date. Jane Struder, Director of Finance TC Minutes / Page 10 of 12 38

39 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, XII. Discussion ensued regarding the funding source and purpose of the amendment, why the amendment needs to be accounted for in Fiscal Year 2016, and its effect on the Fiscal Year 2016 Budget. Motion was made by Council Member Moore, and seconded by Council Member Lindsay, to approve Ordinance No , on first reading. On roll call, the motion carried unanimously. ANY OTHER MATTERS The following item was added to the agenda at this time to clarify the terms of the appointees to the Planning and Zoning Commission made earlier in the meeting: 1. Appointments to the Planning and Zoning Commission John S. Page, Director of Planning, Zoning, and Building Director Page stated that two of the three Commission vacancies filled earlier in the meeting were for full terms, and that one was only for the remaining year of Susan Markin s term. He requested that the Town Council determine which of the three appointees shall fill the full terms and which shall fill the partial term. He then suggested that Lew Crampton be appointed to one of the full terms, as he received the most votes. Since Kenneth Walker and Carol Lecates both received the same amount of votes, he suggested determining between them who would fill the second full term. Discussion ensued regarding options for determining which appointees should fill which terms and when to make that determination. It was the consensus of the Town Council to appoint Lew Crampton to the first full term vacancy. It was the consensus of the Town Council to vote between Kenneth Walker and Carol Lecates as the appointment to the partial term, with whomever receiving the most votes being the appointment to the partial term. After tabulating the ballots, Director Page announced that Carol LeCates had received the most votes. It was the consensus of the Town Council to ratify the appointment of Kenneth Walker to the second full term vacancy, and Carol LeCates to the remainder of Susan Markin s term on the Planning and Zoning Commission TC Minutes / Page 11 of 12 39

40 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON MONDAY, OCTOBER 10, XIII. ADJOURNMENT There being no further business, the October 10, 2016, regular Town Council meeting was adjourned at 1:51 p.m. APPROVED: Michael J. Pucillo Town Council President ATTEST: Susan A. Owens, MPA, MMC Town Clerk Date TC Minutes / Page 12 of 12 40

41 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Minutes Agenda Title Approval of Major Matters Considered by the Architectural Commission at its Meeting of October 26, Presenter John S. Page, Planning, Zoning & Building ATTACHMENTS: Description Memorandum Dated October 31, 2016 from John S. Page, Director of Planning, Zoning & Building Minutes of the Architectural Commission Meeting of October 26,

42 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Mayor and Town Council Via: Thomas G. Bradford, Town Manager From: John S. Page, Director of Planning, Zoning & Building Re: Approval of the Architectural Commission Meeting Minutes of October 26, 2016 Date: October 31, 2016 STAFF RECOMMENDATION Staff recommends that the Town Council approve the major items that were approved by ARCOM at the regularly scheduled meeting of October 26, BOARD OR COMMISSION RECOMMENDATION The Architectural Commission recommends that the Town Council approve the major items which were considered at the regularly scheduled meeting of October 26, GENERAL INFORMATION These minutes are submitted to the Town Council for approval pursuant to Chapter of the Town of Palm Beach Code of Ordinances. Attachment JSP:kmc 42

43 TOWN OF PALM BEACH PLANNING, ZONING AND BUILDING DEPARTMENT MINUTES OF THE REGULAR ARCHITECTURAL COMMISSION MEETING HELD ON WEDNESDAY, OCTOBER 26, 2016 Please be advised that in keeping with a recent directive from the Town Council, the minutes of all Town Boards and Commissions will be "abbreviated" in style. Persons interested in listening to the meeting, after the fact, may access the audio of that item via the Town s website at I. CALL TO ORDER The meeting was called to order at 9:02 a.m. by Mr. Sammons. II. ROLL CALL Richard Sammons, Chairman Ann L. Vanneck, Vice Chairman Peter I. C. Knowles, Member Martin D. Gruss, Member Robert N. Garrison, Member Alexander C. Ives, Member Michael B. Small, Member Maisie Grace, Alternate Member John David Corey, Alternate Member Betsy Shiverick, Alternate Member PRESENT PRESENT PRESENT PRESENT ABSENT (unexcused) PRESENT PRESENT PRESENT PRESENT PRESENT Staff Members present were: John S. Page, Director of Planning, Zoning & Building John Lindgren, Planning Administrator Kelly Churney, Secretary to the Architectural Review Commission III. IV. PLEDGE OF ALLEGIANCE Mr. Sammons led the Pledge of Allegiance. APPROVAL OF THE MINUTES FROM THE SEPTEMBER 28, 2016 MEETING Motion made by Mrs. Vanneck and seconded by Mr. Gruss to approve the minutes from the September 28, 2016 meeting. Motion carried with all in favor. V. APPROVAL OF THE AGENDA Mr. Lindgren informed the Commissioners that the attorney for project B , 168 E. Inlet Drive has withdrawn the project. He also stated that the architect for project B , 2300 Ibis Isle Rd. West has asked for a deferral until the November 30, 2016 meeting. Lastly, he noted that the architect for the projects at B , 316 Seabreeze 1 43

44 Ave and B , 320 Seabreeze Ave. are requesting a partial deferral for the new construction projects and would like to seek approval for the demolition only. Motion made by Mr. Small and seconded by Mr. Knowles to approve the agenda as amended. Motion carried with all in favor. Mr. Page noted that Ms. Grace would be voting in the absence of Mr. Garrison. Mr. Page also stated for the record that Mr. Sammons declared 2 conflicts, at 122 Peruvian Ave. and 515 N. County Rd., at the September 28, 2106 meeting and has correctly completed the 8B form in accordance with State Law. VI. VII. ADMINISTRATION OF THE OATH TO PERSONS WHO WISH TO TESTIFY Ms. Churney administered the oath at this time and throughout the meeting as necessary. DISCUSSION ITEMS 1. Discussion of removal of Schefflera and structure of adjacent wall at 129 Woodbridge Rd. Mr. Lindgren stated a previously ARCOM approval directed the removal of the exotic Schefflera, however there is an area in the rear of the property where the Schefflera is stabilizing a wall on a Landmarked property. He also stated the contractor was supposed to be present to ask approval to allow the Schefflera to remain as to not damage the wall. Mrs. Vanneck stated that the roots of the Schefflera can become invasive and if the roots have already invaded the wall, the only way to manage it is to make sure it does not bloom and to make sure it does not have seeds that will spread. Maura Ziska represented the contractor and expressed his concern about removing the Schefflera. Motion made by Mr. Ives and seconded by Mrs. Vanneck to allow the Schefflera to remain as long as it is contained and controlled at its current location. Motion carried with all in favor. 2. Discussion of window material for 259 Oleander Avenue. Mr. Lindgren stated that he would like the Commission to review a new, synthetic window material. At this time, the contractor was not present. The Commission decided to review this item later in the agenda. VIII. PROJECT REVIEW A. MAJOR PROJECTS-OLD BUSINESS B Additions/Modifications 2 44

45 *ARCOM TO MAKE RECOMMENDATIONS RELATIVE TO VARIANCE(S)* - Done 6/22/16 Address: 168 E. Inlet Dr. Applicant: Mr. & Mrs. Mitchell Evans Architect: Bob Acree/Acree Design Consulting Project Description: A 1,595 square foot second story addition onto the existing one story residence. At the June meeting, a motion carried that the implementation of the proposed variance would cause negative architectural impact to the subject property. A second motion carried to defer the architecture for one month for restudy. At the July meeting, a motion carried to defer the project for one month at the attorney s request. Please note: This discussion item was withdrawn at the Approval of the Agenda, Item V. B Additions/Modifications Address: 2300 Ibis Isle Rd. West Applicant: Rob and Sue Bushman Architect: Miklos Architecture Project Description: 1) Re-configure existing driveway and front property line pilaster layout; 2) add two driveway gates; 3) replace existing flat cement tile roof with new flat cement tile roof; 4) bedroom, covered front entry and rear covered pavilion additions; 5) existing pool and spa shape slightly reconfigured; 6) existing landscaping adjusted and augmented. At the August meeting, a motion carried to defer the project to the September meeting. At the September meeting, a deferral request was granted to the October meeting. Please note: This discussion item was deferred to the November 30, 2016 meeting at the Approval of the Agenda, Item V. B Demolition/New Residence *ARCOM TO MAKE RECOMMENDATIONS RELATIVE TO VARIANCE(S)* Address: 241 El Dorado Ln. Applicant: Mr. & Mrs. Keogh Architect: MP Design and Architecture Project Description: One story addition to main house, new one story detached two car garage, all finishes to match existing with new landscape and hardscape. VARIANCE INFORMATION: The applicant is requesting a variance to allow a 898 square foot addition one story addition to the main house and a 842 square foot one story garage addition (total of 1,740 sq. ft.) which will require the following variances: 1) an east side yard setback of 12.5 feet in lieu of the 30 foot minimum required for a lot over 20,000 square feet with a width of ; 2) a west side yard setback of 12.5 feet in lieu of the 30 foot minimum required for a lot over 20,000 square feet with a width of ; 3) a rear yard setback of 9.5 feet in lieu of the 10 foot minimum required; 4) lot coverage of 32.4% in lieu of the 30% maximum allowed for single story construction on lots in excess of 20,000 square feet. 3 45

46 At the September meeting, a motion carried to defer the project for one month for restudy of the north elevation and the driveway entrance. Call for disclosure of ex parte communication: Disclosure by several members. Michael Perry presented a newly proposed site plan, roof plan, floor plan and new elevations that included an undulation in the north wall. Mr. Perry stated that Mr. Keogh would like to address the Commission. Mr. Corey asked for an explanation on the variances. Maura Ziska read through the variances for the Commissioners. Ms. Ziska also stated the need for the existing, larger driveway rather than the smaller driveway that the Commissioners asked for at the last meeting. Mr. Perry passed around photos of the surrounding neighbors driveways. Ms. Ziska also stated that several neighbors have written letters in support of the larger driveway. There was a question about the current driveway material. Mr. Perry stated that it is currently gravel but will be changed to a paver driveway. Mr. Keogh spoke to the commission about the reasons he would like to keep his driveway at its existing size. There was some discussion about the amount of hardscape on the property. Commissioners Comments: Mr. Ives stated he still feels like the north wall is long and massive. There was a suggestion to maintain the gravel rather than paving the driveway to allow water to drain better. Some of the Commissioners liked the gravel rather than a paver driveway. There was a suggestion to redesign the addition without the variances that is now requires. Mr. Perry stated that the existing home was built before the Zoning Code was in place. Mr. Sammons questioned the pavilion look of the new addition and stated that modulation of the eave heights could mitigate some problems. Mr. Keogh stated that the north elevation of the home is against an 8-foot site wall and asked the Commissioners to consider keeping the wall straight without the undulation. Motion made by Mr. Ives and seconded by Mrs. Vanneck that the implementation of the proposed variances will not cause negative architectural impacts to the subject property. Motion carried with all in favor. A second motion made by Mrs. Vanneck and seconded by Mr. Small that the project is approved as originally presented with the straight, long wall on the North elevation and that the driveway size will remain as existing with the existing pebble material. Motion carried 5-2 with Mr. Gruss and Mr. Ives opposed. Please note: At this time, the Commissioners heard Discussion Item

47 2. Discussion of window material for 259 Oleander Avenue. Toby Tokes, contractor for 259 Oleander Avenue, presented a window sample and stated the window is a 100% vinyl product and the manufacturer is Custom Window Systems. He also stated that the window is an impact rated product. There was some discussion about the product among the Commissioners. None of the Commission members were in favor of using the product. Motion made by Mrs. Vanneck and seconded by Mr. Small that the material of the presented sample was not acceptable for use in Palm Beach. Motion carried with all in favor. B. MAJOR PROJECTS-NEW BUSINESS B Time Extension Address: 12 Lagomar Rd. Applicant: Roberto and Joanna DeGuardiola Architect: Mario Nievera/Nievera Williams Design Project Description: Request a 1-year time extension of B (fenced tennis court, pavilion and pool modification) which was previously approved by ARCOM at the October 28, 2015 meeting. Call for disclosure of ex parte communication: Disclosure by Messrs. Ives and Sammons and Mrs. Vanneck. Mr. Small questioned why the time extension was needed and also questioned if the house is for sale. Mr. Nievera stated that the house is for sale. Mr. Small stated he thought this improvement was being used as a sale enhancement. Ms. Ziska stated that the original approval occurred when the house was not for sale and that the applicant is an avid tennis player. Motion made by Mr. Ives and seconded by Mrs. Vanneck to approve the time extension for one year. Motion carried 5-2 with Messrs. Small and Sammons opposed. B Demolition/New Construction *ARCOM TO MAKE RECOMMENDATIONS RELATIVE TO VARIANCE(S)* Address: 221 Oleander Ave. Applicant: Barnacle PB LLC Architect: Michael J. Johnson Architect, P.A. Attorney: Maura Ziska Project Description: Demolition of existing 2 story building and construction of a new 2-story single family residence. New hardscape and landscape. VARIANCE INFORMATION: The applicant requests a variance to allow construction of a new 2,930 square foot, two story residence on a lot with a depth of 56 feet in lieu of the 100 foot minimum required and a lot area of 4,200 square feet in lieu of the 10,000 square foot minimum; a variance to allow lot 5 47

48 coverage to be 41.6% in lieu of the 30% maximum allowed; a variance to allow a front yard setback to be 13.5 feet in lieu of the 25 foot minimum; and a variance to allow a rear yard setback to be 10 feet in lieu of the 15 foot minimum required. Call for disclosure of ex parte communication: Disclosure by several Members. Maura Ziska stated the need for the variances that are being requested. She reviewed all of the variances with the Commissioners. Mr. Knowles stated that the Commissioners did not receive a demolition report. Daniel Menard explained why the demolition report was not included and asked if he could proceed or if he needed to defer the project. Mr. Sammons asked about the existing house and the reason it had been condemned. Mr. Menard showed the Commissioners a photo of the existing house and said the house is leaning due to lack of supports. Mr. Lindgren stated that a demolition report, including exterior and interior photographs, needed to be submitted. There was some discussion about whether a motion for the demolition could be made. Some of the Commissioners expressed their hesitation in supporting a motion without the demolition report. Motion made by Mrs. Vanneck and seconded by Mr. Small to defer the project for one month to the November 30, 2106 meeting. Motion carried with all in favor. B Demolition Address: 1330 N. Ocean Blvd. Applicant: Dr. Sten A. Lilja Architect: Roger P. Janssen/Dailey Janssen Architects Project Description: Demolition of westerly building only and hardscape. Call for disclosure of ex parte communication: Disclosure by several members. Please note: Mrs. Vanneck recused herself for this project. It was also noted that Mr. Corey would be voting in the absence of Mrs. Vanneck. Mr. Janssen presented a survey and a demolition report for the property. He showed the Commissioners photos of the existing structure. He also stated that the existing landscape would remain and it would also be sodded and irrigated. Motion made by Mr. Small and seconded by Mr. Corey to approve the demolition as presented with the caveats that the applicant submit interior photos of the house, that the existing landscaping remain and that the property be sodded and irrigated within 30 days. Motion carried with all in favor. 6 48

49 B Lighting Address: 254 Sunrise Ave. Applicant: Philip Witt Architect: Molnar Jordan and Associates Project Description: Exterior LED Lighting upgrade. Replace exterior canopy mount lighting fixtures, add new exterior wall mount lighting fixtures and add new pole fixtures. Call for disclosure of ex parte communication: Disclosure by several members. Shane Patterson, with GMR, stated he designed the lighting for this project. He reviewed all of the newly proposed lighting fixtures for the project. Mr. Corey inquired about the year the bank was built. Mr. Patterson stated he did not know the year. Mr. Corey asked about the temperature of the proposed lighting fixtures. Mr. Patterson stated all of the lights would be 4000K. Mr. Corey thought the study of the lights was well executed but thought that 4000K would be too cold of a light. Other Commissioners thought that 4000K was too cold of a light as well and requested a warmer light. Motion made by Mrs. Vanneck and seconded by Mr. Knowles to defer the project for one month to the November 30, 2016 meeting and to return with lighting that is appropriate for the settings of Palm Beach. Motion carried with all in favor. B Demolition/New Construction Address: 425 Chilean Ave. Applicant: Lorraine S. Charman Architect: Kevin Asbacher/Asbacher Architecture Project Description: Demolish (2) existing two-story townhomes. Construct a new twostory residence in the French Neoclassical style with a one-story 2 car garage. Final landscape and hardscape. Call for disclosure of ex parte communication: Disclosure by several members. Mr. Asbacher presented the demolition of the existing property. He presented photos of the existing interior and exterior of the home. He provided a history of the residence and stated the owner will donate as much material as they are able to do so. Motion made by Mrs. Vanneck and seconded by Mr. Ives to approve the demolition as presented with the usual caveats to sod and irrigate the property within 30 days. Motion carried with all in favor. Mr. Asbacher presented a streetscape and map, existing street photos, a site plan, floor plans, a roof plan, elevations, renderings and landscape renderings for the proposed new residence. 7 49

50 Commissioners Comments: One of the Commissioners questioned the location of the garage in the front as well as the 14-foot driveway as opposed to using a 12-foot driveway. Many of the Commissioners were not in favor of the garage in the front of the home. There was a suggestion to scale back the size of the home. There was a request for samples and colors to be used. One of the Commissioners noted that the plans and the renderings do not match. There was also a comment that the master bedroom overhang was too heavy. There was another suggestion to restudy the pitch of the roof. Mr. Sammons questioned the style of the house, its size, the roof, garage, proportions and the pediment. Motion made by Mr. Ives and seconded by Mr. Small to defer the project for one month to the November 30, 2016 for restudy. Motion carried with all in favor. A short break was taken at 10:20 a.m. The meeting resumed at 10:32 a.m. At this time, a motion was made by Mrs. Vanneck and seconded by Mr. Small to reopen project B , 221 Oleander Ave. Motion carried with all in favor. B Demolition/New Construction *ARCOM TO MAKE RECOMMENDATIONS RELATIVE TO VARIANCE(S)* Address: 221 Oleander Ave. Applicant: Barnacle PB LLC Architect: Michael J. Johnson Architect, P.A. Attorney: Maura Ziska Project Description: Demolition of existing 2 story building and construction of a new 2- story single family residence. New hardscape and landscape. VARIANCE INFORMATION: The applicant requests a variance to allow construction of a new 2,930 square foot, two story residence on a lot with a depth of 56 feet in lieu of the 100 foot minimum required and a lot area of 4,200 square feet in lieu of the 10,000 square foot minimum; a variance to allow lot coverage to be 41.6% in lieu of the 30% maximum allowed; a variance to allow a front yard setback to be 13.5 feet in lieu of the 25 foot minimum; and a variance to allow a rear yard setback to be 10 feet in lieu of the 15 foot minimum required. Call for disclosure of ex parte communication: Disclosure by several Members. Mr. Menard stated that the demolition report was submitted in the record file and he obtained a copy to show to the Commissioners. Ms. Ziska put the photos of the interior and exterior existing structure on the overhead and read demolition report. The structural report was also read to the Commissioners by Ms. Ziska. Some of the Commissioners were unhappy to see this structure demolished. Motion made by Mr. Small and seconded by Mrs. Vanneck to approve the demolition as presented with the usual caveats to sod and irrigate the property within 30 days. Motion carried 5-2 with Messrs. Sammons and Ives opposed. 8 50

51 Mr. Menard presented a site plan, streetscape, photos of the surrounding neighbors, floor plans, roof plan, elevations, material samples, and details of the proposed new home. Mr. Menard also showed a video of the proposed project. Commissioners Comments: There was a comment that the newly proposed home would be about 5 feet taller than the existing structure. One of the Commissioners asked about the neighbors setbacks in relationship to the proposed residence. Mr. Menard stated he used the historical setback when designing the new residence. One of the Commissioners asked about the neighbors lot coverages in relationship to the proposed residence. Some of the Commissioners asked for a deferral for a month for restudy as well as for the applicant to also bring back more information about setbacks, greenspaces, and lot coverages for the street. Mr. Sammons commented on the uniform eave height and hip roofs and suggested varying the beam heights. Motion made by Mr. Ives and seconded by Mr. Small to defer the variances and the architecture for one month to the November 30, 2016 meeting. Motion carried with all in favor. Mr. Sammons suggested a restudy of the roof, eaves and details. Mr. Corey suggested restudying the pergola over the garage as well as using operable shutters. B Demolition/New Construction Address: 130 Dolphin Rd. Applicant: 130 Dolphin Rd LLC Architect: Michael J. Johnson Architect P.A. Project Description: Demolition of existing structure. New 2-story residence. Updated cottage style. White stucco finish with black trim and grey cement tile roof. New landscape and hardscape. Call for disclosure of ex parte communication: Disclosure by several members. Daniel Menard presented a survey and photos of the existing house to be demolished. He then presented a map and surrounding neighbor photos, a streetscape, a roof plan, floor plans, elevations and a video of the proposed property. He stated that his clients wanted a house in the contemporary style and he had to convince them that it was not appropriate for the street. Commissioners Comments: There was a suggestion to differentiate the front door. A comment was made that there was too much glass in the design and that the height of the house was too tall. One of the members questioned the floor height as well as the mass of the proposed home. Other Commissioners thought the house was too tall and too large. Mr. Menard presented color samples and other material samples to the Commissioners. 9 51

52 Mr. Sammons questioned the roof design, eave heights, faux chimneys, the style of the proposed home and the design of the center portion of the house. Mr. Menard explained his reasoning for the tall roof design. Mr. Ives stated he did not think the design of the house was fixable. Motion made by Mr. Ives to deny the project B based on failure to comply with Section of the Code, paragraphs 1, 4, 6 sub c, d, e, f. Motion died due to a lack of a second. A second motion made by Mr. Small and seconded by Mr. Knowles to defer the project for one month to the November 30, 2016 for a complete restudy. Khooshe Aiken, 145 Seagate Rd, expressed her concern with the lack of landscaping that was proposed for the home and asked for taller landscaping to mitigate the height of the proposed home. Whitney Wood, 140 Dolphin Rd., expressed her concern with the height of the hedge. Motion carried with all in favor. B Demolition/New Construction *ARCOM TO MAKE RECOMMENDATIONS RELATIVE TO VARIANCE(S)* Address: 316 Seabreeze Ave. Applicant: Mr. & Mrs. Gregory Fisher Architect: Patrick Segraves, SKA Architect + Planner Project Description: Demolition of existing house and new construction of 2,800 square foot Mediterranean Revival two-story home. Home will consist of three bedrooms and two and one half baths with living room, dining room and kitchen. Final landscape/hardscape to be included. Applicant is requesting deferral for new home portion of the application. VARIANCE INFORMATION: The applicant is requesting a special exception with site plan review to allow the construction of a 2,700 square foot two-story, single family residence on two platted lots which combined creates a lot that is 50 feet in width in lieu of the 100-foot minimum required and 6,125 square feet in area in lieu of the 10,000 square foot minimum area required. The following variances are being requested. To allow a 6-foot west side yard setback for the two story portion in lieu of the 15-foot minimum required and to allow a 6-foot east side yard setback for the one story portion in lieu of the 12.5-foot minimum required. Mrs. Vanneck expressed concern about the number of letters the Commission has received, one in particular that was worried about the Commissioners approving the demolition of the existing home before seeing the plans for the new home. She questioned if the Commission should wait to hear the project as a whole at the next month s meeting. Call for disclosure of ex parte communication: Disclosure by several members. Mr. Segraves stated that the owner would like to demolish the properties before the end of the moratorium, which occurs between December thru March

53 Mr. Lindgren stated that the Commission has consistently approved demolition without plans for new construction. Mr. Segraves stated that the owners want to build two small houses for their families, that have a different front elevation but in the same style and the rear yard ties the properties together. Ms. Ziska stated that the owner would like to take the homes down before the moratorium but will take the extra time to meet with the neighbors to try to resolve any issues. Mr. Sammons asked about the hardship of the client. Mr. Segraves stated that his client would like to be in his new home by the end of next year. Mr. Segraves presented a survey, exterior and interior photos of the existing home, photos of surrounding properties and street, street map, site plan and provided a history and condition of the home to be demolished. Mrs. Vanneck asked about the plan for the landscaping around the perimeter of the property. Don Skowron stated they will keep and maintain the perimeter landscaping. Mr. Skowron also indicated a tree in the front of the property that would remain and stated the remaining landscaping would be removed. Mr. Corey stated that the survey indicated that the home is a one story home but the architect indicated it was a two story home and questioned if the survey needed to be updated before the Commission should act on the demolition. Motion made by Mr. Gruss to approve the demolition as presented. Anne Pepper, 333 Seaspray Ave., expressed concern about the demolition of the small homes and asked the Commission to defer the approval of the demolition. Motion died for lack of a second. A second motion made by Ms. Grace to defer the demolition due to an inaccurate survey. Motion died for a lack of a second. Mr. Page asked Town Attorney, John Randolph to speak on the topic and updated him on the project at hand. Mr. Randolph stated that the new construction plans do not need to be presented for a demolition approval. Mr. Randolph also stated that the demolition approval can have conditions placed upon it. Mr. Lindgren stated that all of the information that is required for a demolition approval had been submitted. A third motion was made by Mr. Small and seconded by Mr. Gruss to approve the demolition as requested with the caveats that the perimeter landscaping will be 11 53

54 retained and to sod and irrigate the property within 30 days. Motion carried 5-2 with Mr. Sammons and Ms. Grace opposed. A fourth motion was made by Mr. Small and seconded by Mr. Ives to defer the architectural presentation of the new construction to the November 30, 2016 meeting. Motion carried with all in favor. B Demolition/New Construction *ARCOM TO MAKE RECOMMENDATIONS RELATIVE TO VARIANCE(S)* Address: 320 Seabreeze Ave. Applicant: Mr. & Mrs. Gregory Fisher Architect: Patrick Segraves, SKA Architect + Planner Project Description: Demolition of existing house and new construction of 2,800 square foot Mediterranean Revival two-story home. Home will consist of three bedrooms and two and one half baths with living room, dining room and kitchen. Final landscape/hardscape to be included. Applicant is requesting deferral for new home portion of the application. VARIANCE INFORMATION: The applicant is requesting for approval of a special exception with site plan review to allow the construction of a 2,713 square foot two-story, single family residence on two platted lots which combined creates a lot that is 50 feet in width in lieu of the 100-foot minimum required and 6,125 square feet in area in lieu of the 10,000 square foot minimum area required. The following variances are being requested. To allow a 6-foot east side yard setback for the two story portion in lieu of the 15-foot minimum required and to allow a 6-foot west side yard setback for the one story portion in lieu of the foot minimum required. Call for disclosure of ex parte communication: Disclosure was not given at this time. Mr. Segraves presented a survey, exterior and interior photos of the existing home, photos of surrounding properties and street, street map, site plan and provided a history and condition of the home to be demolished. Mr. Segraves stated that the existing house has a large hedge in the front of the house that will remain. Mrs. Vanneck asked if the rear of the property would be screened for the neighbors. Don Skowron stated that he will keep the landscaping around the perimeter. Mr. Segraves stating that there are buildings in the rear on the neighbors property. Mrs. Vanneck requesting screening at the rear of the property to protect the neighbors. Mr. Segraves stated that he will screen the rear and will also be meeting with the surrounding neighbors to listen to their concerns. Motion made by Mr. Small and seconded by Mrs. Vanneck to approve the demolition as presented with the caveats of screening the rear yard, maintaining the front hedge and to sod and irrigate the property within 30 days. Motion carried 6-1 with Mr. Sammons opposed. Mr. Page stated that the Town does not allow demolition in the months of December, January and February and urged the architect to act accordingly

55 A second motion was made by Mr. Ives and seconded by Mrs. Vanneck to defer the architectural presentation of the new construction to the November 30, 2016 meeting. Motion carried with all in favor. B Demolition/New Construction *ARCOM TO MAKE RECOMMENDATIONS RELATIVE TO VARIANCE(S)* Address: 340 Seaview Ave. Applicant: Town of Palm Beach (Tom Bradford, Town Manager) Architect: Nelo Freijomel/Stephen Boruff, AIA Architects + Planners, Inc. Landscape Architect: Keith Williams/Nievera Williams Design Project Description: Demolition of the existing one-story recreation center, maintenance building, pro shop, tennis hitting wall & backstop and the construction of a new two-story, community center & gymnasium, new maintenance building and a new tennis observation pavilion with attached tennis hitting wall & maintenance yard and associated site work including a new elevated plaza, numerous new stairs and ramps, new playground area and the renovation and expansion of on-site parking. VARIANCE INFORMATION: The applicant is requesting a special exception with site plan review to approval to allow a new two-story 33,810 square foot Recreation Center for the Town of Palm Beach that will include a new athletic field, parking lot, gymnasium, tennis pro shop, multi-purpose room, fitness center with locker rooms, concession area, classrooms, offices and new maintenance building, new tennis backboard, new scoreboard. A second special exception request is to allow for a rebound wall to be constructed on the north side of the new maintenance building. The following variances are being requested in order to construct the new community center: 1) A west side yard setback of 10 feet in lieu of the 30 foot minimum required for properties that are in excess of 20,000 square feet; 2) A north side yard setback of 8 feet in lieu of the 30 foot minimum required for properties that are in excess of 20,000 square feet; 3) A street rear yard setback for the new parking lot on Royal Palm Way of 4 feet in lieu of the 35 foot minimum required for properties that are in excess of 20,000 square feet; 4) an east side yard setback of 4 feet in lieu of the 30 foot minimum required for the new parking lot on Royal Palm Way for properties that are in excess of 20,000 square feet; 5) a height of 27 feet in lieu of the 22 foot maximum allowed; 6) an overall height of 35 feet in lieu of the 30 foot maximum allowed; 7) a vertical distance to the top of beam of feet in lieu of the 26 foot maximum distance allowed from the crown of street to top of beam; 8) landscaped open space of 43% in lieu of the 55% minimum required for properties that are in excess of 20,000 square feet; 9) parking lot interior landscaped open space of 5% in lieu of the 10% minimum required; 10) to allow signage on the proposed scoreboard which would exceed the maximum signage allowed (of one for each street frontage); 11) to allow three (3) air-conditioning units to be on the roof that is in excess of the 4 foot maximum allowed. The proposed A/C units will be 5 feet tall plus the height of the stand. Call for disclosure of ex parte communication: Disclosure by several members. Mr. Randolph, Town Attorney, stated that the public should be allowed 3 minutes to speak unless they are an expert hired by a group. He stated an expert should be allowed a longer time to speak. Mr. Page directed the Commissioners to focus on the architecture and design and that the Town Council would be making decisions about any other concern that was raised in the letters of opposition. Beth Zickar, Director of the Recreation Department at the Town, discussed the history of the design process and stated the process has occurred over two years, including surveys 13 55

56 to all residents and two public meetings. She also indicated that the additional feedback received will be utilized. Mr. Freijomel presented the demolition report for the existing recreation facility. He read the report, presented a survey and showed many interior and exterior photos of the existing facility. Mr. Williams presented the landscaping demolition plan and indicated that trees to remain and those that will be moved during the demolition. Mr. Small expressed his concern about the process of the demolition. He questioned how the surrounding schools and students would be protected and kept safe and asked about the traffic during the demolition. Mr. Freijomel stated that the construction will begin during the summer months when school is not in session. He also stated that Ms. Zickar has made arrangements to use other facilities for summer programming at the Recreation Center. He indicated the Pro Shop and the majority of tennis will remain operational during most of the demolition and construction. He stated that all staging will take place in the parking lot. Mr. Small also asked about the possibility of the impacts from noise and toxic pollutants. He also asked about the screening of the demolition site. Mr. Freijomel addressed these issues. Mrs. Vanneck asked if the playing field would be accessible during the demolition. Mr. Freijomel addressed this question and stated that part of the field will be accessible. Motion made by Mrs. Vanneck to approve the demolition as presented. Mr. Page stated that when the Town Council acts on their approvals necessary for the new facility, staff will recommend that a construction management agreement be required that will contain definite timeframes outlining when work can and cannot occur. Sophia Vollmer, resident of Palm Beach, stated she is speaking on behalf of many public and private school parents. She indicated her two concerns included the proposed Recreation Center s mass and size and the front, north field that is being eliminated. Khooshe Aiken, 145 Seagate Rd, stated she is a member of the Recreation Advisory Board and has been approached by many residents. She stated that the concerns she heard from parents is security for the children in the new Recreation Center. Mr. Corey asked about the plans for the live oaks that are currently on site. Mr. Williams addressed this question. Motion failed for a lack of a second

57 There was a discussion regarding the demolition and the motion needed for demolition approval. Mr. Randolph reminded the Commissioners that they can put conditions on their motion. A second motion made by Mr. Small to defer the demolition until more information regarding the conditions placed on the demolition is gathered. Paul Castro, Zoning Administrator, stated that preconstruction meetings will occur and there will be conditions placed in the construction management agreement to address the safety issues as well as other concerns. He stated that the agreement will be addressed by the Town Council. Mr. Small withdrew his motion. A second motion made by Mr. Ives and seconded by Mrs. Vanneck to approve the demolition with a request to hear an update from the Town about the measures in place for safety and security as soon as the information is available and with the caveat to sod and irrigate the property within 30 days. Motion carried 5-2 with Messrs. Small and Gruss opposed. Ms. Zickar stated that the Recreation Department has begun conversations with the schools to discuss programming during construction. Mr. Freijomel presented the plans for the new construction. He presented a streetscape, site plan, floor plans, elevations, renderings, materials, secondary elevations, gate designs, roof plan and detail sheets. He spoke about the variances that were being requested and indicated to the Commissioners why they were being requested. He talked about the proposed uses of all of the spaces and spoke to each section in detail. Mr. Williams presented the plans for the landscaping. He showed the Commissioners a site plan, elevations and renderings of the proposed landscape and hardscape. He spoke in detail on the specific landscaping that is being proposed. Mr. Sammons asked if any of the proposed parking spaces were made for compact cars as to have the opportunity to acquire more greenspace. Mr. Freijomel stated that there are none but that is something that could be considered. Mr. Lindgren stated that the Code does not have any provisions for compact spaces. Commissioners Comments: Many of the Commissioners complimented the architect and landscape architect and thought they both did a good job in their designs. Many of the Commissioners were concerned about the elimination of the north field. Another concern was raised about the playground. There was a suggestion to make the front north field an open, covered pavilion with landscaping on the west to mitigate the large wall

58 Ms. Zickar stated the newly proposed playground is designed for children up to 12 years old. She also provided some clarification on the plan for the multipurpose field s east and west sides. Mr. Corey stated he thinks the new center is necessary to bring the building current with FEMA regulations. He also stated that he believes the building is too large and if reduced, could eliminate some of the variances that are currently requested, specifically on the north side portion. He also felt there was a disconnect between the gymnasium and the recreation center. Mr. Corey also spoke to the need of shade trees and the possibility of mitigating the view of the large, east side parking structure with landscaping. Commissioners Comments: There was a question regarding the exits for the gymnasium and about delivery locations. Mr. Freijomel addressed both of these questions. There was a question regarding the office space along the south side of the building. There was a concern expressed regarding the south side façade and the scale of the proposed building. There was a suggestion to separate the north and south buildings for ease of getting around the buildings. There was another suggestion to move the office spaces to the second floor. One of the Commissioners added that the landscaping does mitigate the gymnasium space well. One of the Commissioners requested a section through the gymnasium at the next presentation. Mr. Freijomel stated that the multipurpose field s landscaping will be upgraded and regraded to solve current water retention issues. Michael Ainslie, Vice Chairman of Friends of Recreation, stated the need for the Recreation Center to be brought up to FEMA standards. He stated he has been working to help bring this project to fruition and indicated he would like to work with the community to address all of the issues in the letters that the Town received. Susan Watts, 44 Cocoanut Row, expressed concern about the massing, scale and size of the proposed center as well as the walkway path that is between the tennis courts. A third motion was made by Mrs. Vanneck and seconded by Mr. Knowles to defer the project for one month to the November 30, 2016 meeting for restudy, with particular attention to reducing the mass and addressing the elimination of the north field. Motion carried with all in favor. A short break was taken at 1:47 p.m. The meeting resumed at 1:53 p.m. B New Construction Address: 212 Coral Lane Applicant: Linda Saville Architect: Mark Marsh/Bridges, Marsh & Associates, Inc. Landscape Architect: Keith Williams/Nievera Williams Design Project Description: New one and two-story single family residence with associated landscape/hardscape improvements

59 Call for disclosure of ex parte communication: Disclosure by several members. Mr. Marsh presented an aerial view, street map, surrounding photos, streetscape, site plan, floor plans, roof plan, elevations, detailed sections, renderings and material samples for the proposed new residence. He also stated that he is not seeking any variances. Ms. Shiverick asked for an explanation on the proposed cladding. Mr. Marsh talked more about the cladding in detail. Commissioners Comments: There was a comment that the proposed home was too large and tall for the site and that the bulk of the home was incongruent with the other homes on the street. Many of the Commissioners thought the proposed style of the home did not fit into the neighborhood. There was a suggestion to restudy the courtyard space on the north side of the house. Motion made by Mr. Gruss and seconded by Mr. Knowles to defer the project for one month to the November 30, 2016 meeting for restudy. Motion carried with all in favor. B Additions/Modifications Address: 1333 N. Lake Way Applicant: Douglas and Susanne Durst 2012 Family Trust Architect: Dustin Mizell/Environment Design Group Project Description: Addition of a service gate and a pedestrian gate located along the south property line. Call for disclosure of ex parte communication: Disclosure by Mr. Small and Mses. Vanneck and Shiverick. Mr. Mizell stated they are proposing to add two gates, a pedestrian and service gate to the property. He showed the Commissioners a site plan, a previously approved elevation as well as a proposed elevation. He also presented two existing photos and explained the need for the gates. Commissioners Comments: Mrs. Vanneck stated her disappointment in the removal of the old entrance. Most of the Commissioners did not see the reason for two gates and were not happy with the proposed design. Motion made by Mr. Ives and seconded by Mrs. Vanneck to defer the project for one month to the November 30, 2016 meeting for restudy. Motion carried with all in favor. B Modifications *ARCOM TO MAKE RECOMMENDATIONS RELATIVE TO VARIANCE(S)* Address: 1015 S. Ocean Blvd

60 Applicant: Dean Vegosen, as Trustee of the Land Trust dated June 22, 1995 Architect: Stergas & Associates, AIA Project Description: On the north wing of the existing home, modify the flat roofed area and adjacent improperly pitched roof sections, which are causing continuous leaking, to properly sloped and orientated pitched roofs. Proposed pitched roofs will match and will be in keeping with the Terra Cotta colored cement tiles on the remainder of the house. VARIANCE INFORMATION: The residence at 1015 S. Ocean Blvd. was constructed in The owner is replacing the roof tiles on the house. As part of this project, she requests to add two roof elements on the north end of the house where an existing flat roof and valley have created aesthetic and drainage problems. The new elements will be a pitched roof and a cricket. The new roof elements will increase height in nonconforming setbacks and angle of vision but will not further reduce the setbacks or increase the existing angle of vision. The following variances are being requested: 1) increase building (roof) height with a foot setback from the west (front) property line in lieu of the 35 minimum setback required; 2) add building (roof) height outside the allowed angle of vision, which is 120 degrees on this site. This existing structure has an angle of vision of degrees; 3) increase building (roof) height with a 5.08-foot setback from the north (side) property line in lieu of the 15-foot minimum setback required; and 4) increase building (roof) height with a 9.50-foot setback from the east (rear) property line in lieu of the minimum 15-foot setback required. Call for disclosure of ex parte communication: None. Mr. Stergas presented the roof plan for the existing home. He stated the current roof has hip and flat roof sections. He is proposing to remove the flat roof section, which has been susceptible to leaks, and is replacing that section with a new hip roof to match the remainder of the hip roofs on the residence. He showed the Commissioners a site plan, roof plan, aerial photo, streetscape elevation, street photo, and other photos. He indicated that new roof material will match the existing roof. Motion made by Mr. Gruss and seconded by Mr. Small that the implementation of the proposed variances will not cause negative architectural impacts to the subject property. Motion carried with all in favor. A second motion was made by Mr. Knowles and seconded by Mr. Small to approve the project as presented. Motion carried with all in favor. C. MINOR PROJECTS - OLD BUSINESS NONE D. MINOR PROJECTS-NEW BUSINESS NONE IX. OTHER BUSINESS Mr. Page stated that everyone had been given the dates for the 2017 Architectural Commission meetings

61 X. COMMUNICATIONS FROM CITIZENS (3 MINUTE LIMIT PLEASE) NONE XI. COMMENTS OF THE ARCHITECTURAL COMMISSION AND DIRECTOR OF PLANNING, ZONING AND BUILDING DEPARTMENT Mr. Ives asked if the issue of demolition could be readdressed with the Town Council. Mr. Page informed the Commissioners that their decision on B , 1230 N. Ocean Way and that the Town Council had upheld their decision and denied the appeal. Mr. Page asked the Commissioners if the Friday before their meeting was still an acceptable pick up date for their mini-sets. There was some discussion on this topic. Mrs. Vanneck asked if minor changes would still be acceptable being presented on the overhead. Mr. Page indicated that the changes would need to be minor and dealt with on a case by case basis. XII. ADJOURNMENT Motion made by Mr. Ives and seconded by Mrs. Vanneck to adjourn the meeting at 2:40 p.m. Motion carried with all in favor. The next meeting will be held on Wednesday, November 30, 2016 at 9:00 a.m. in the Town Council Chambers, 2nd floor, Town Hall, 360 S County Rd. Respectfully Submitted, Richard Sammons, Chairman ARCHITECTURAL COMMISSION kmc 19 61

62 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Resolutions Agenda Title RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding Bid No and Approving a Purchase Order in the Amount of $198,002 to Spector Manufacturing, Inc., for the Purchase of Two Aluminum Compaction Transfer Trailers and Establishing an Overall Budget of $202,000. Presenter H. Paul Brazil, P.E., Director of Public Works ATTACHMENTS: Description Memorandum dated October 10, 2016, from H. Paul Brazil, P.E., Director of Public Works Resolution No Bid Tab Sheet Bid No

63 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 TO: VIA: FROM: RE: Mayor and Town Council Thomas G. Bradford, Town Manager H. Paul Brazil, P.E., Director of Public Works Award Bid No and Issuance of Purchase Order to Spector Manufacturing Inc., for the Purchase of Two (2) Transfer Trailers Resolution No DATE: October 10, 2016 STAFF RECOMMENDATION Town staff recommends that Town Council approve Resolution No awarding Bid No to Spector Manufacturing Inc., and issuance of a Purchase Order for the procurement of two (2) transfer trailers in the amount of $198,002 and establish a total project budget of $202,000. GENERAL INFORMATION It is necessary, at this time, to replace two (2) of the refuse transfer trailers in the Services Division Sanitation Bureau that are used for loading and transporting to final disposal of residential and commercial garbage as they have reached the end of their useful life. One (1) unit is 25 years old and the other 23 years old. This equipment was scheduled for replacement in 2015 and 2016 respectively. Due to bidding logistics, staff determined it best to delay the first replacement and purchase two (2) at the same time to obtain the best pricing. The first bid ( ) was unresponsive on a specification technicality. Council rejected the bid at the August 2016 Town Council meeting. After revising the specification, bids were re-solicited and bids were received on October 4, One responsive bid was received and the amount was under budget. This vendor has performed satisfactory work for the Town previously. A similar transfer trailer was purchased from their company in Staff recommends award of the bid to Spector Manufacturing Inc. in the amount of $198,002 for the two transfer trailers. A small 2% contingency is also included for any unforeseen costs. FUNDING/FISCAL IMPACT Funds for this purchase will come from the FY17 Equipment Replacement Fund (ERF) budget in the amount of $198,002. The amounts of $125,000 and $142,000 were previously approved in the FY15 and FY16 budgets and carried over to the FY17 budget for this purchase. 63

64 PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW The resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachment cc: Jane Struder, Director of Finance Eric B. Brown, P.E., Assistant Director of Public Works/Operations Chester Purves, Services Division Manager Adis Pedraza, Purchasing Manager 64

65 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING BID NO AND APPROVING A PURCHASE ORDER IN THE AMOUNT OF $198,002 TO SPECTOR MANUFACTURING, INC., FOR THE PURCHASE OF TWO ALUMINUM COMPACTION TRANSFER TRAILERS AND ESTABLISHING AN OVERALL BUDGET OF $202,000. * * * * * BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1: The Town Council of the Town of Palm Beach hereby awards Bid No and approves a purchase order in the amount of $198,002 to Spector Manufacturing Inc., for the purchase of two (2) aluminum compaction transfer trailers and establishes an overall budget of $202,000. Section 2. The Town Manager is hereby authorized to execute a purchase order on behalf of the Town of Palm Beach for this vehicle. Section 3. The Town Manager, or his designee, is hereby authorized to take such further actions as may be necessary to effectuate the purchase of this vehicle, including any necessary outfitting as recommended by the Public Works Director. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of November Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President Richard M. Kleid, Council President Pro Tem Bobbie Lindsay, Town Council Member ATTEST: Danielle H. Moore, Town Council Member Susan A. Owens, MMC, Town Clerk Margaret A. Zeidman, Town Council Member 65

66 TOWN OF PALM BEACH Vendor: Spector Manufacturing Inc. Bid No Address: Aluminum Compaction Transfer Trailers Telephone: TABULATION Fax: Contact: Ind. Park Rd., P.O. Box 158 St. Clair, PA Charles Spector Line Description Qty Unit Price per Unit Total 1 Aluminum Compaction Transfer Trailer, as specified 2 EA $ 99, $ 198, Total $ 198, Bid Opened on October 4, 2016 at 2:00 PM Opened by: John Cmar Witnessed by: Ilyse Triestman 66

67 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Resolutions Agenda Title RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving A Right-Of-Way Maintenance Agreement Between the Town and Palm Beach Towers Condominium Association, Inc. to Install Certain Landscaping, Irrigation, Hardscaping and Lighting Improvements Within the Town Right Of-Way on the West Side of Cocoanut Row Adjacent to 44 Cocoanut Row, Palm Beach, Florida and Authorizing the Town Manager to Execute the Agreement on Behalf of the Town. Presenter Thomas G. Bradford, Town Manager ATTACHMENTS: Description Memorandum Dated November 1, 2016, from Thomas G. Bradford, Town Manager Resolution No ROW Maintenance Agreement Lighting and Irrigation Plan General Manager Letter PB Towers Minutes 67

68 TOWN OF PALM BEACH Information for Town Council Meeting on November 16, 2016 To: Mayor and Town Council From: Thomas G. Bradford, Town Manager Re: Resolution No Approving a Right-of-Way Maintenance Agreement with the Palm Beach Towers Condominium Association, Inc. for Provision of Certain Landscaping, Irrigation, Hardscape and Lighting Improvements within the Cocoanut Row Right-of-Way Adjacent to 44 Cocoanut Row Date: November 1, 2016 STAFF RECOMMENDATION Staff recommends the Town Council adopt Resolution No which approves a Right of Way Maintenance Agreement between the Town and Palm Beach Towers Condominium Association, Inc. to install certain landscaping, irrigation, hardscape and lighting improvements within the right of way for Cocoanut Row adjacent to 44 Cocoanut Row. GENERAL INFORMATION The Palm Beach Towers Condominium Association desires to make certain improvements within the Cocoanut Row right-of-way adjacent to their property located at 44 Cocoanut Row. Previously, the Town Council gave conceptual approval to the idea, subject to bringing back a Right of way Agreement between the parties in order to memorialize all expectations relative to the improvements to be provided within the Cocoanut Row right of way. There is no prohibition to making these improvements within the town s adopted Right of Way Manual. There is no requirement that these improvements be considered by ARCOM as they are in public right-of-way as opposed to real property. Included with this memorandum and Resolution No are: Letter dated November 1, 2016 from the General Manager of Palm Beach Towers A copy of the Palm Beach Towers Condominium Association meeting minutes from October 18, 2016 and the related meeting notice. 68

69 FUNDING/FISCAL IMPACT There is no funding or fiscal impact to the Town by virtue of the proposed Right of Way Maintenance Agreement. Palm Beach Towers is required to provide a $2,000 payment to the Town to be held in escrow in the event needed for removal of any improvements in the future. TOWN ATTORNEY REVIEW The Town Attorney has reviewed and approved this resolution and the associated Right of Way Maintenance Agreement. cc: H. Paul Brazil, P.E., Director of Public Works Eric Brown, P.E., Assistant Director of Public Works John C. Randolph, Town Attorney John Eubanks, Esq. 69

70 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING A RIGHT-OF-WAY MAINTENANCE AGREEMENT BETWEEN THE TOWN AND PALM BEACH TOWERS CONDOMINIUM ASSOCIATION, INC. TO INSTALL CERTAIN LANDSCAPING, IRRIGATION, HARDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE TOWN RIGHT OF-WAY ON THE WEST SIDE OF COCOANUT ROW ADJACENT TO 44 COCOANUT ROW, PALM BEACH, FLORIDA AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN WHEREAS, the Palm Beach Towers Condominium Association Inc. desires to install certain landscaping, irrigation, hardscaping and lighting improvements consisting of new sod, additional sprinkler heads, and lighting along the bike path (the Improvements ) within the Town right of-way on the west side of Cocoanut Row adjacent to 44 Cocoanut Row; and WHEREAS, in order to install and maintain the Improvements, the Town requires the Association to obtain a permit; and WHEREAS, it is the policy of the Town, if landscaping, irrigation, hardscaping and lighting improvements such as the Improvements referenced hereinabove are to be permitted within the right-of-way, that arrangements must be made in the event there is a default in the maintenance of the Improvements (which default is not timely cured upon a demand by the Town) the Association would be responsible for removal of any abandoned landscape and/or improvements; and WHEREAS, a Right-of-Way Maintenance Agreement between the Town and the Palm Beach Towers Condominium Association Inc. has been negotiated by the parties in order memorialize the responsibilities and rights of each party relative the Improvements intended to be installed within the Town s public rights-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1. The foregoing recitals are hereby ratified and confirmed. Section 2. The lighting and irrigation plans for improvements to be located within the public right of way for Cocoanut Row adjacent to the property known as Palm Beach Towers, 44 Cocoanut Row, attached hereto as Exhibit A, is hereby approved. Section 3. The Town Council of the Town of Palm Beach hereby approves the Right-of-Way Maintenance Agreement between the Town and the Palm Beach Towers Condominium Association Inc., attached hereto as Exhibit B, which includes the Corporate Resolution of the Palm Beach Towers Condominium Association, Inc. dated November 1, 2016, and the Town Manager is hereby authorized to execute this Agreement on behalf of the Town. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 8th day of November Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President 70

71 Richard M. Kleid, Council President Pro Tem Bobbie Lindsay, Town Council Member ATTEST: Danielle H. Moore, Town Council Member Susan A. Owens, MMC, Town Clerk Margaret A. Zeidman, Town Council Member 71

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82 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Resolutions Agenda Title RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing a Twelve Month Extension of the Contract, With No Changes to Terms, in an Amount Not To Exceed $30,000, to EMS Management & Consultants, Inc. for Emergency Medical Services Third Party Billing Services and Authorizing the Town Manager to Execute the Same on Behalf of the Town. Presenter Kirk W. Blouin, Director of Public Safety ATTACHMENTS: Description Memorandum Dated October 24, 2016, from Kirk W. Blouin, Director of Public Safety Resolution No EMS MC signed renewal 82

83 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Mayor and Town Council Via: Thomas G. Bradford, Town Manager From: Kirk W. Blouin, Director of Public Safety Re: EMS Third Party Billing Contract Extension Resolution No Date: October 24, 2016 STAFF RECOMMENDATION Staff recommends that the Town Council approve Resolution No authorizing a twelve-month extension of the third party billing contract with EMS Management and Consultants, Inc., in an amount not to exceed $30,000 to provide EMS third party billing services. GENERAL INFORMATION The initial contract with EMS Management and Consultants, Inc., awarded in 2012 in response to RFP No was for 2 years. The contract allows for extension of the contract for three additional 12-month periods upon mutual agreement of the parties. This request is for the third extension of this contract. The Fire Rescue Department requests your approval, and EMS Management and Consultants, Inc., has agreed to renew the contract for an additional 12-month period with the same terms, conditions, and fees as the original contract. FUNDING/FISCAL IMPACT Extension of this contract will be with the same terms, conditions, and fees. There will be no additional funding/fiscal impact. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. 83

84 TOWN ATTORNEY REVIEW The proposed resolution has been reviewed by the Town Attorney and approved for legal form and sufficiency. Attachments cc: Adis Pedraza, Purchasing Agent Jane Struder, Finance Director John C. Randolph, Town Attorney Darrel Donatto, Deputy Fire Rescue Chief 84

85 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING A TWELVE MONTH EXTENSION OF THE CONTRACT, WITH NO CHANGES TO TERMS, IN AN AMOUNT NOT TO EXCEED $30,000, TO EMS MANAGEMENT & CONSULTANTS, INC. FOR EMERGENCY MEDICAL SERVICES THIRD PARTY BILLING SERVICES AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SAME ON BEHALF OF THE TOWN. WHEREAS, a contract was awarded to EMS Management & Consultants, Inc. commencing on November 16, 2012, for Emergency Medical Services third party billing services; and WHEREAS, the Contract entered into by the Town and EMS Management & Consultants, Inc. contains a provision for extension of the Contract for three 12-month periods with all original terms, conditions, specifications, and pricing; and WHEREAS, it is the desire of the Fire Rescue Department and EMS Management & Consultants, Inc. to extend the Contract for the third 12-month period beginning November 16, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The third contract extension for a period of 12 months, beginning November 16, 2016, and ending November 15, 2017, is hereby approved for EMS Management & Consultants, Inc., for an amount not to exceed $30,000 under the same terms as originally stated. Section 2. The Town Manager is hereby authorized to execute this contract extension on behalf of the Town of Palm Beach for Emergency Medical Services transport billing services with EMS Management & Consultants, Inc. Section 3. The Town Manager, or his designee, is hereby authorized to take such further actions as may be necessary to effectuate this contract for Emergency Management Services transport billing. 85

86 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 8th day of November, Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President Richard M. Kleid, President Pro Tem Bobbie Lindsay, Council Member ATTEST: Danielle H. Moore, Council Member Susan A. Owens, Town Clerk Margaret Zeidman, Council Member 86

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88 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Resolutions Agenda Title RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Mayor to Execute an Agreement for Mutual Assistance and Automatic Aid Between Palm Beach County and the Town of Palm Beach for Fire-Rescue Emergency Services. Presenter Kirk W. Blouin, Director of Public Safety ATTACHMENTS: Description Memorandum Dated October 24, 2016 from Kirk W. Blouin, Director of Public Safety Resolution No Mutual Assistance and Automatic Aid Agreement 88

89 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Mayor and Town Council Via: Thomas G. Bradford, Town Manager From: Kirk W. Blouin, Director of Public Safety Re: Mutual Assistance and Automatic Aid Agreement, Palm Beach County Resolution No Date: October 24, 2016 STAFF RECOMMENDATION Staff recommends that Town Council approve Resolution No renewing a Mutual Assistance and Automatic Aid Agreement for fire rescue assistance between Palm Beach County and the Town of Palm Beach. GENERAL INFORMATION The Mutual Assistance and Automatic Aid Agreement is a renewal of a similar agreement that expired on September 30, This Agreement is common to make the most efficient use of municipal resources by enabling jurisdictions to cooperate for their mutual protection and advantage. TOWN ATTORNERY REVIEW The documents have been reviewed by the Town Attorney and are approved as to legal form and sufficiency. JD 89

90 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN PALM BEACH COUNTY AND THE TOWN OF PALM BEACH FOR FIRE-RESCUE EMERGENCY SERVICES. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, FLORIDA: Section 1. The Town of Palm Beach hereby adopts the Mutual Assistance and Automatic Aid Agreement between Palm Beach County and the Town of Palm Beach attached hereto as Exhibit A. Section 2. The Town Council of the Town of Palm Beach hereby authorizes the Mayor to execute the Mutual Assistance and Automatic Aid Agreement for Emergency Service with Palm Beach County. PASSED AND ADOPTED in regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 8th day of November, Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President Richard M. Kleid, Town Council President Pro Tem Bobbie Lindsay, Town Council Member ATTEST: Susan A. Owens, Town Clerk Danielle H. Moore, Town Council Member Margaret A. Zeidman, Town Council Member Resolution No Page 1 of 1 90

91 EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN PALM BEACH COUNTY AND THE TOWN OF PALM BEACH THIS EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID (the Agreement ) is made and entered into on, by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the County ), by and through its Board of County Commissioners, and the TOWN OF PALM BEACH, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the Town ). WHEREAS, Section , Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, each of the parties to this Agreement presently maintains a fire-rescue department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, the Town and the County desire to enter into this Agreement as a means to further enhance the fire-rescue services that they currently provide within their respective jurisdictions. NOW, THEREFORE, in consideration of the terms and conditions set forth herein and the benefits following from each to the other, the County and the Town do hereby agree as follows: ARTICLE I: MUTUAL ASSISTANCE AND AUTOMATIC AID Section 1. Request for Assistance/Aid. The County and the Town agree to provide emergency mutual assistance and automatic aid to each other for Fire Suppression, Emergency Medical Services, and Technical Rescue, within the terms and conditions set forth by this Agreement. The assistance/aid provided for by this Agreement shall extend to areas served by the parties through service agreements. Emergency mutual assistance/automatic aid will be given when properly requested unless the party from whom assistance is requested determines in accordance with Section 4 of this Article that 91

92 it is unable to respond. The party requesting assistance and/or aid shall provide the following information at the time the request is made: A. The general nature, type and location of the emergency; and B. The type and quantity of equipment and/or personnel needed; and C. The name and rank of the person making the request. All requests shall be directed through the County s emergency communications center. The following officials of the participating parties are authorized to request assistance and aid under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Command Authority. In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief or designee to meet with the other party s Fire Chief or designee and develop automatic aid/closest unit response plans and procedures, including but not limited to details regarding areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. Such automatic aid/closest unit response plans and procedures may be set forth in a Letter(s) of Understanding between the Fire Chiefs. The County Administrator or designee (Fire Rescue Administrator) and the Town s Fire Chief are hereby authorized to enter into and amend said Letter(s) of Understanding on behalf of their respective parties, consistent with this Agreement and policies and procedures, if any, of the respective parties. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 3. Remuneration. All costs associated with providing mutual assistance and automatic aid services under this Agreement shall be the responsibility of the agency requesting assistance/aid. The agency rendering assistance/aid shall invoice and collect all actual emergency response costs, including but not limited to equipment and apparatus and actual labor costs, from the requesting agency. The cost of the equipment and apparatus shall be calculated in accordance with the current FEMA Schedule of Equipment Rates, as may be periodically amended. The parties further agree that the agency rendering assistance/aid may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, 92

93 or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. If the agency rendering assistance/aid for emergency medical services provides transport service, then that transporting agency may request reimbursement for the transport service from the patient to the extent permitted by law. The agency rendering service will handle billing, insurance claims and collection in accordance with their policies and procedures and any applicable laws and regulations, including the latest Federal Medicare guidelines if applicable. If the rendering agency invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice shall be forwarded to the requesting agency as a matter of courtesy, provided however that the parties shall not provide copies of transport fee invoices to the other party or otherwise use or disclose Protected Health Information ( PHI ) or Electronic Protected Health Information ( e-phi ) except as permitted by the Health Insurance Portability and Accountability Act, as amended, and the regulations promulgated thereunder (collectively HIPAA ), and any other applicable laws and regulations, all as may be amended from time to time. Section 4. Ability to Respond. Each party may refuse to respond to a request for assistance/aid in the event it does not have the required equipment or manpower available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction or personnel. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of the other party and that the mutual assistance/automatic aid provided hereunder is intended to be mutual in nature. ARTICLE II: GENERAL CONTRACT TERMS Section 1. Preambles. The facts set forth in the preambles to this Agreement are true and correct and are hereby reaffirmed by the parties. Section 2. Representative and Contract Monitor. The County representative and contract monitor during the performance of this Agreement shall be the Fire Rescue Administrator, whose telephone number is (561) The Town representative and contract monitor during the performance of this Agreement shall be the Assistant Chief, whose telephone number is (561) Section 3. Employee Functions. No employee of either party to this Agreement shall perform any function, or service which is not within the employee's scope of duties as defined or determined by the employee s employer. Section 4. Employee Claims, Benefits, Etc. No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, 93

94 or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 5. No Assumption of Liability. Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of any other party. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section 6. Liability for Injury. All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 7. Indemnification. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the Town against any actions, claims or damages arising out of the County s negligence in connection with this Agreement, and the Town shall indemnify, defend and hold harmless the County against any actions, claims or damages arising out the Town s negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section , nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party s negligent, willful or intentional acts or omissions. Section 8. Effective Date and Term. This Agreement shall take effect October 1, 2016, and continue for a term of ten years, unless sooner terminated as provided herein. Section 9. Notice of Termination. Either party to this Agreement may, upon ninety (90) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 10. Assignment of Rights. Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other party. Section 11. Modification and Amendment. No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 94

95 Section 12. Entirety of Agreement. This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 13. Nondiscrimination. Each party represents and warrants that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. Section 14. Annual Appropriations. Each party s performance and obligation under this Agreement is contingent upon annual budgetary appropriations by its respective governing body for the purposes hereunder. Section 15. Remedies. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in a court of competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 16. No Third Party Beneficiary. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizens or employees of the County or the Town. Section 17. Records. Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section , as may be amended. The Inspector General s authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the Town, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. 95

96 Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section , and punished pursuant to Section , Florida Statutes, in the same manner as a second degree misdemeanor. Section 18. Joint Preparation. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 19. Notice of Suits. Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it, which relates in any manner to the services provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the services rendered under this Agreement. Section 20. Notices. All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 405 Pike Road West Palm Beach, FL and if sent to the Town shall be mailed to: Town of Palm Beach Fire Chief 300 North County Road Palm Beach, FL Each party may change its address upon notice to the other party. Section 21. Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 22. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 23. Delegation of Duty. This Agreement is an Interlocal agreement for the provision of services, as authorized by Section , Florida Statutes, and shall not in any way or manner whatsoever be deemed to constitute a transfer of powers or functions. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or municipal officers. Section 24. HIPAA Compliance. All parties acknowledge and agree that their respective fire-rescue departments are covered entities under HIPAA, as may be amended from time to time. Should any provision of this Agreement be determined to be inconsistent with the requirements of HIPAA, then the parties shall promptly amend such provision as necessary to comply with HIPAA. 96

97 Should the parties fail to promptly do so, then either party may terminate this Agreement upon written notice to the other, without any recourse, penalty, or damages of any type against the terminating party arising from such termination. Section 25. Severability. In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 26. Survivability. Any provision of this Agreement that is of a continuing nature, or which by its language or nature imposes an obligation or right that extends beyond the term of this Agreement, shall survive the expiration or earlier termination of this Agreement. Section 27. Renewal of Letters of Understanding. Notwithstanding anything herein to the contrary, any existing duly authorized Letters of Understanding entered into between the Fire Chiefs that are in effect immediately prior to the effectiveness of this Agreement shall be deemed to be renewed and continued by the parties Fire Chiefs upon the effectiveness of this Agreement. Said Letters of Understanding shall continue and remain in effect until amended or rescinded by the parties Fire Chiefs. Section 28. Conflict Resolution. Any dispute or conflict between the parties that arises from the provision of services under this Agreement shall be presented in writing to the respective Contract Monitors. The Contract Monitors shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process provided for by Chapter 164, Florida Statutes. [remainder of page left blank intentionally] 97

98 IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ATTEST: SHARON R. BOCK, Clerk & Comptroller PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Mary Lou Berger, Mayor APPROVED AS TO TERMS AND CONDITIONS By: County Attorney By: Fire-Rescue ATTEST: TOWN OF PALM BEACH, FLORIDA, BY ITS TOWN COUNCIL By: Town Clerk By: Gail L. Coniglio, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Town Attorney 98

99 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Resolutions Agenda Title RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Purchase of a Groundsmaster 3500-D Rotary Mower at a Cost of $30, From WescoTurf for use at the Par 3 Golf Course, and Authorizing the Town Manager to Execute the Purchase on Behalf of the Town. Presenter Beth Zickar, Director of Recreation ATTACHMENTS: Description Memorandum Dated October 20, 2016 From Beth Zickar, Director of Recreation Resolution Purchase of Groundsmaster Quotation for Groundsmaster 99

100 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Via: Mayor and Town Council Thomas G. Bradford, Town Manager From: Beth Zickar, Director of Recreation Re: Authorization to Purchase a Groundsmaster Rotary Mower for the Par 3 Golf Course Resolution No Date: October 20, 2016 STAFF RECOMMENDATION Staff recommends Town Council approve Resolution No authorizing the purchase of a Groundsmaster 3500-D 25HP Diesel Powered Triplex Rotary Mower at a cost of $30, from Wesco Turf, via Florida State Contract # This item is included in the Recreation Department s scheduled equipment replacement program. GENERAL INFORMATION This equipment will replace the 2007 Groundsmaster 3500-D Rotary Mower, serial number , (asset number 9755). The current mower has been reliable until recent years when parts have started to deteriorate requiring frequent repairs and resulting in increasing periods of downtime. The cost of these repairs are expected to rise as the exposure to the environmental conditions have caused excessive rusting leading to the repeated failure of the equipment to perform the functions for which it is designed. The new Groundsmaster 3500-D triplex rotary mower features free-floating decks which follows the contour of the ground for a smooth cut on uneven terrain. FUNDING/FISCAL IMPACT Funding for this replacement purchase has been appropriated within the Recreation Enterprise Fund s Equipment Replacement Fund for FY2017. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW This resolution has been approved by the Town Attorney for legal form and sufficiency. cc: Jane Struder, Director of Finance John C. Randolph, Town Attorney Tony Chateauvert, Golf Manager Tim Campbell, Golf Course Superintendent Adis Pedraza, Purchasing Manager 100

101 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING THE PURCHASE OF A GROUNDSMASTER 3500-D 25HP TRIPLEX ROTARY MOWER AT A COST OF $30, FROM WESCO TURF FOR USE AT THE PAR 3 GOLF COURSE, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE PURCHASE ON BEHALF OF THE TOWN. WHEREAS, the 2007 Groundsmaster 3500D Rotary Mower currently utilized at the Par 3 Golf Course is in need of replacement due to wear and tear from excessive use and exposure to environmental elements; and WHEREAS, the replacement of the mower was included and budgeted for in the equipment replacement schedule for fiscal year 2017; and WHEREAS, pricing for the Groundsmaster 3500-D 25 HP Triplex Rotary Mower was obtained in accordance with Florida State Contract No which covers and includes all labor, materials, equipment and freight. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Town Council hereby approves the purchase of one (1) Groundsmaster 3500-D 25 HP Triplex Rotary Mower from WescoTurf, in the amount of $30,640.94, as outlined in the proposal. Section 2. The Town Manager is hereby authorized to execute the purchase on behalf of the Town of Palm Beach. Section 3. The Town Manager, or his designee, is hereby authorized to take such further actions as may be necessary to effectuate this purchase for one (1) triplex rotary mower. 101

102 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 8th day of November 2016 Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President Richard M. Kleid, Town Council President Pro Tem Bobbie Lindsay, Town Council Member ATTEST: Danielle H. Moore, Town Council Member Susan Owens, MMC, Town Clerk Margaret A. Zeidman, Town Council Member 102

103 2101 Cantu Court, Sarasota Florida Technology Park, Lake Mary Florida Commonwealth Avenue, Jacksonville, FL October 4, 2016 Mr. Tim Campbell Customer: Palm Beach Par 3 Ship To: 2345 S Ocean Boulevard Street Address Palm Beach, FL City, State Zip Dear Mr. Tim Campbell, Per your request, I am pleased to submit a quotation on the following equipment. All pricing is valid for sixty (60) days Pricing per Florida State Contract # State Contract Requested Qty. Model Description MSRP Discount Price Delivery Date Groundsmaster 3500-D 25hp Diesel Powered $ 38, % $ 30, Bimini Canvas Sunshade $ % $ Total Price for 1 $ 30, Terms: Net 30 Equipment Total $ 30, State Sales Tax (0 + 0 County Surtax) Tax Exempt $ 30, Please indicate your acceptance of this quote as an order by signing below and returning via fax to Wesco Turf at Please include your preference for Height of Cut where applicable. Mr. Tim Campbell Date The preceding pricing is good for 30 days, not including Florida Sales Tax, after which time new pricing would have to be submitted. Time of delivery may vary; please check when placing order. All payments are subject to state and local taxes. Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, WESCO TURF, INC. Chris Fordney Chris Fordney Territory Manager Commercial Division Sarasota (941) ; chris.fordney@wescoturf.com PND/slg CC: Pat Duggins Comp qt PDF to Salesman. 103

104 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Resolutions Agenda Title RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Increasing Existing Purchase Order No to Christmas Designers, Inc., for the Purchase of Replacement Garland and Provide Additional Holiday Lighting, in the Amount of $14,650, and Increasing the Project Budget from $96,100 for a Revised Total Budget of $110,750. Presenter H. Paul Brazil, P.E., Director of Public Works ATTACHMENTS: Description Memorandum dated October 20, 2016, from H. Paul Brazil, P.E., Director of Public Works Resolution No Christmas Designers Proposal Christmas Designers Garland Replacement 104

105 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 TO: VIA: FROM: RE: Mayor and Town Council Thomas G. Bradford, Town Manager H. Paul Brazil, P.E., Director of Public Works Approve a Change Order for Replacement Garland and Additional Holiday Lighting at Town Square Resolution No DATE: October 20, 2016 STAFF RECOMMENDATION Town staff recommends that Town Council approve Resolution No approving a change order to Purchase Order No with Christmas Designers, Inc., for replacement garland in the amount of $6,650 and additional holiday lighting at Town Square in the amount of $8,000 and increasing the total project budget from $96,100 to $110,750. GENERAL INFORMATION The Town s holiday decoration vendor, Christmas Designers, Inc. stores, installs and removes the Town owned holiday trees, decorations and streetscape garland for the annual holiday lighting program. Traditionally the garland is repaired as needed and reused on the street lights. The vendor has advised staff that the garland is no longer repairable and is requesting authorization for the purchase and replacement at a cost of $6,650. Staff is in agreement on the condition of the garland and approves of the request for replacement. The Town Square project area has a total of thirty (30) royal palm trees with ten (10) adjacent to the reflecting pond and twenty (20) in the sidewalks adjacent to South County Road (outside of the park). Staff met with the holiday lighting vendor and obtained a quote of $8,000 to light the trunks and fronds of ten (10) of the thirty (30) palms. In keeping with the holiday lighting scheme established on other Town roads, it is recommended that these palms be wrapped with LED lighting to match the palms on those other roads. Staff recommends that we choose ten (10) trees outside of the park and space them as evenly as possible. 105

106 The businesses on Worth Avenue and Royal Poinciana Way have donated funding to maintain their palm tree lighting past the holiday season and through the month of April. If funding is donated for the extended lighting period, these Town Square palms could also be maintained in the same manner. If both the garland and the additional tree lighting are approved, the project cost will increase by $14,650 for a total budget of $110,750. FUNDING/FISCAL IMPACT There are sufficient funds in the FY17 Public Works operating budget to accomplish this work. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW This resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachment cc: Jay Boodheshwar, Deputy Town Manager Jane Struder, Director of Finance Cheryl Somers, Assistant Director of Finance Eric B. Brown, P.E., Assistant Director of Public Works Brett Madison, Facilities Maintenance Division Manager Adis Pedraza, Purchasing Manager 106

107 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, INCREASING EXISTING PURCHASE ORDER NO TO CHRISTMAS DESIGNERS, INC., FOR THE PURCHASE OF REPLACEMENT GARLAND AND PROVIDE ADDITIONAL HOLIDAY LIGHTING, IN THE AMOUNT OF $14,650, AND INCREASING THE PROJECT BUDGET FROM $96,100 FOR A REVISED TOTAL BUDGET OF $110,750. * * * * * BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1. The Town Council of the Town of Palm Beach hereby approves a purchase order increase of $14,650 for replacement garland and additional holiday lighting, increasing the project budget from $96,100 to a revised total budget of $110,750. Section 2. The Town Manager is hereby authorized to execute a change order on behalf of the Town of Palm Beach for these additional final design services. Section 4. The Town Manager, or his designee, is hereby authorized to take such further actions as may be necessary to effectuate the completion of the said project, including any necessary change order work as recommended by the Public Works Director. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of November Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President Richard M. Kleid, Council President Pro Tem Bobbie Lindsay, Town Council Member ATTEST: Danielle H. Moore, Town Council Member Susan A. Owens, MMC, Town Clerk Margaret A. Zeidman, Town Council Member 107

108 TOWN OF PALMBEACH Additional Holiday Lighting Proposal hi./ 16th Terrace, Pompano Beach FL,33064 o (8ffi) (954)

109 TOWN OF PALM BEACH ADDITIONAL LIGHTING PROPOSAL 2016 LOCATION #7 - TOWN HALL For the ten (10) Royal Palms in front of Town Hall, we will wrap each trunk with seven (7) Warm White Twinkle LED 70 light 4" spacing light sets and light up the fronds with seven (7) Warm White Twinkle LED 70 light 4" spacing light sets. 10 Royal Palms - Wrapping of Trunks MTwinkle ($350.00/ea.) $ 3, Royal Palms - Lighting of Palm Fronds w/twinkle ($450.00/ea.) $ 4, ".tnctudesa,sl,i,etf!"';jiz:i{il:fr:;:;{3'u?!::?"uno TOTAL LOCATION # 7 ADDITIONAL TOWN OF PALM BEACH PER SEASON $ 8,OOO.OO Accepted this _ day of % due at installation, 50% due at removal. By: Authoized Signature Printed Name **Credit card payments will incur 3%o surcharge. Town of Palm Beach prop The material contained herein is the property of Christmas Designers. Reproduction, copying, or use without prior consent is strictly prohibited A JT Christmas Designers Page 2 of 2 Pompano Beach, FL 109

110 Masters Of Comm-ercial Decorating Quote 2016 TOWN OF PALM BEACH Garland Replacement for Street Light Decorations For Location #2 - Atea #2 (15-27') 45 9'Garland MGold Ornaments ($70.00/ea.) $ 3, For Location #3 - Area #2 (25-18') 50 I' Garland dgold Omaments ($70.00/ea.) $ 3, Total $ 6, By: Authorizect Signatute Printed Name, Title Date: "Cradit card payments will incur 3o/5 surcharge. Town of Palm Beach quole The material contained herein is the property of Christmas Designers. Repoduction, copying, or use without prior consenl is stricuy pohibited JT Christmas Designers Pompano Beach, FL 110

111 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Resolutions Agenda Title RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order in the Amount of $81,041 to Kimley-Horn and Associates, Inc., for Professional Engineering Services Associated with Groundwater Monitoring at the Town's Vegetative Landfill Sites, and Establishing a Project Budget of $90,000. Presenter H. Paul Brazil, P.E., Director of Public Works ATTACHMENTS: Description Memorandum dated October 17, 2016, from H. Paul Brazil, P.E., Director of Public Works Resolution No Kimley Horn Proposal 111

112 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 TO: VIA: FROM: RE: Mayor and Town Council Thomas G. Bradford, Town Manager H. Paul Brazil, P.E., Director of Public Works Approve a Purchase Order for Continued Groundwater Monitoring at the Vegetative Landfill Sites Resolution No DATE: October 17, 2016 STAFF RECOMMENDATION Town staff recommends that the Town Council approve Resolution No authorizing a purchase order to Kimley-Horn and Associates, Inc. (KHA) for $81,041 for continuing work associated with the groundwater monitoring of the Town s vegetative landfill sites at Skees Road and Okeechobee Boulevard, and establishing an overall budget of $90,000. GENERAL INFORMATION The Town s operating permits for the Class III vegetative landfill sites at Skees Road and Okeechobee Boulevard are issued by the Florida Department of Environmental Protection (FDEP) and are administered by the Palm Beach County (PBC) Health Department. They require semi-annual and quarterly groundwater monitoring, sampling, and testing. Also included in the proposal is a task to perform photogrammetric mapping of the landfill sites to be used as a tool to determine current and future landfill capacities, and aid in the annual reporting to regulatory agencies as part of the new permit conditions. A proposal for these services was received from KHA. The tasks include those activities required by permit, but do not include any extra sampling or testing that may be requested in the future by the PBC Health Department or the FDEP. Any such future requirement would be an additional service and may require additional funding. Staff recommends a 10% contingency for unforeseen requirements such as those which is included in the overall budget of $90,000. FUNDING/FISCAL IMPACT The Public Works Department FY2017 budget includes sufficient funds to accomplish this professional services task. 112

113 PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW This resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachments cc: Jane Struder, Director of Finance Eric Brown, P.E., Assistant Director of Public Works Chester Purves, Services Division Manager Adis Pedraza, Purchasing Manager 113

114 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING A PURCHASE ORDER IN THE AMOUNT OF $81,041, TO KIMLEY-HORN AND ASSOCIATES, INC., FOR PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH GROUNDWATER MONITORING AT THE TOWN S VEGETATIVE LANDFILL SITES, AND ESTABLISHING A PROJECT BUDGET OF $90,000. * * * * * BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Town Council of the Town of Palm Beach hereby approves a purchase order to Kimley-Horn and Associates, Inc. in the amount of $81,041 for professional engineering services associated with groundwater monitoring at the Town s vegetative landfill sites and establishes a project budget of $90,000. Section 2. The Town Manager is hereby authorized to execute this contract on behalf of the Town of Palm Beach for these services. Section 3. The Town Manager, or his designee, is hereby authorized to take such further actions as may be necessary to effectuate the completion of the said project, including any necessary change order work as recommended by the Public Works Director. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach, assembled this 8 th day of November Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President Richard M. Kleid, Council President Pro Tem Bobbie Lindsay, Town Council Member ATTEST: Danielle H. Moore, Town Council Member Susan A. Owens, MMC, Town Clerk Margaret A. Zeidman, Town Council Member 114

115 Kimley,>Horn October 15,2016 Mr. Eric Brown, P.E. Town of Palm Beach 951 Old Okeechobee Road, Ste. "A" West Palm Beach, FL RE: Skees Road and Okeechobee Boulevard Landfill Facilities 2017 On-Call Consulting, Compliance Sampling and Monitoring Proposal Dear Eric, Kimley-Horn and Associates, lnc. ("Kimley-Horn" ot "CONSULTANT') is pleased to submit this proposal to The Town of Palm Beach ('TOWN' or "CLIENT") for on-call consulting, permit compliance sampling and monitoring at the Skees Road and Okeechobee Boulevard Landfill Facilities. Our project understanding, scope of services, fee basis, and schedule follow. Project Understanding The Town of Palm Beach currently owns and operates two Class lll landfills. The sites are located on Okeechobee Blvd. and on Skees Road. The operating permits forthe landfills require yearly monitoring with reports that are to be submitted to the FDEP. Kimley-Horn will work with a subconsultant, GHD Services, lnc., to perform the semiannual and biennial compliance sampling and prepare the monitoring reports for the 2017 permit year for both facilities. The Town previously renewed the operating permits for both facilities. The sampling and monitoring requirements described in those permits will be performed under this Scope of Services. ln 2012, the Town began a voluntary supplementary sampling program to compliment the compliance monitoring program for select parameters. This program will continue in 2017 in the form of two quarterly sampling events in the same manner as was performed in The Town has also requested that KHA provide assistance related to monitoring the volume of debris deposited at the sites each year in the form of photogrammetric surveying. The topography generated by the photogrammetry will be used to develop a three-dimensional surface that can then be compared to the closure surface of the landfill and the surface that was developed based on the aerial photogrammetry that was collected in January This information will allow the Town to better account for the volume of debris being placed at the sites each year along with more accurate forecasting of remaining landfill capacity. The Town has requested that Kimley-Horn provide on-call consulting services at each of the landfill sites. These services may consist of the design of various improvements at the facilities, kimley-horn.com I 1OZO Wekiva Way, Suite 200, West Palm Beach, FL I

116 KimleyDHorn Page 2 recommendations regarding the operations at each facility, and/or assistance with the maintenance of each facility. Based on this understanding, a description of the proposed scope of services is presented below. Scope of Services Task 1 - Operating Permit Compliance Monitoing, Groundwater Testing and RePorting Kimley-Horn will employ the services of a subconsultant, GHD Services, lnc. (GHD), to perform groundwater sampling, testing and reporting in accordance with the Town's landfill operating permit conditions for both the Skees Road and Okeechobee Landfill sites. Samples Wll be obtained for the on-site monitoring wells and analyzed as specified in Appendix 6 of the Operating Permits on a semiannual basis in January and July oi Reports will be generated that describe the laboratory testing results for each sampling event at each facility. These reports will be submitted to the Palm Beach County Health Department (PBCHD) as required by the operating permit conditions for both facilities. Kimley-Horn will review the reports prepared by CRA prior to submission to the Town or the PBCHD and offer comments or recommendations as appropriate. Kimley-Horn staff will attend up to two (2) meetings with the Town to discuss the results of the supplemental sampling and analysis and will attend one (1) Town Council meeting to present the data, if required. ln accordance with Rule (7) F.A.C., if sampling parameters are detected at concentrations significantly higher than those concentrations normally expected for the site, or which are at levels above PBCHD/FDEP water quality standards or criteria specified in Chapter F.A.C., Kimley- Horn may recommend to the Town that re-sampling be performed for confirmation purposes or recommend other appropriate alternative actions. Any re-sampling services or alternative actions shall be performed as additional services only after Kimley-Horn's receipt of written approval by the Town to perform such actions. ln accordance with Specific Condition,f41 of the Operating Permit for both facilities, Kimley-Horn will prepare the Good Neighbor Program Annual Report for both the Skees and Okeechobee facilities for submittal to the PBCHD, PBC Fire Rescue, and the Solid Waste Authority. The Repo( will contain the following information:. Pest Control lnspection Reports for the previous calendar year (provided by the Town) o A labeled aerial photograph showing the following: o Landfill material cell locations o Footprint dimensions o Peak cell heights (in feet NGVD) o Descriptions of the areas of each cell where new material was deposited in the prior yeat. o Maximum depth of decomposing material for each cell o Location and minimum width of firebreaks and access roads kimley-horn.com 116

117 Kimley,>Horn Page 3 o Water supply sources The report will be submitted to the above listed entities by March 1, 20'17 in accordance with the permit conditions. Task 2 - Continued Supplemental Groundwatet Monitoing Skees Road Site Suoolemental Quarterlv Monitorinq Supplemental Monitoring at the Skees Road landfill consists of bi-annual sampling and repoffng for Arsenic, Chloride, Sodium and Ammonia that is in addition to the semi-annual sampling events described in Task 1 above. This work will occur in April and October of Kimley-Horn proposes to employ the services of GHD to perform the sampling and reporting. Kimley-Horn will coordinate their efforts and review their reports prior to submittal to the Town and the PBCHD. Okeechobee Boulevard Site Suoolemental Quarteriv Monitorino Supplemental Monitoring at the Okeechobee Blvd. landfill consists of bi-annual sampling and repo(ing for Cadmium, Lead, Chloride, Sodium and Ammonia that is in addition to the semi-annual sampling events that are already underway at the site. This work will occur in April and October of Kimley- Horn proposes to employ the services of GHD to perform the sampling and reporting. Kimley-Horn will coordinate their effo(s and review their reports prior to submittal to ihe Town and the PBCHo. Task 3 - Photogrammetric Mapping and Landfill Capacity Estimation Kimley-Horn will employ the services of a Florida Licensed Land Surveyor to perform photogrammetric mapping of the Skees Road and Okeechobee Blvd. landfill sites to obtain topographic information relative to each facility. The maps will be scaled at 1"=50' and will contain digital aerial photography A DTM file will be generated that will allow a three dimensional surface to be generated for each site. Horizontal and vertical controls will be established on the ground to provide the control points for the photogrammetric mapping. Elevations will be established in the National Geodetic Vertical Datum (NGVD) with one foot contours. Once the topographical maps and surfaces are created, Kimley-Horn will use this information to develop an updated existing surface model in AutoCAD Civil 3D. The closure elevation surfaces of each landfill that were previously developed will be overlaid onto the updated existing surface model. A threedimensional cuufill analysis will be performed using the Civil 3D program to estimate the remaining volumetric capacity in each landfill. Kimley-Horn will provide a copy of the photogrammetric map for each facility along with the results of the volumetric capacity analysis. Additional Services Any services not specifically provided for in the above scope, as well as any changes in the scope you request, will be considered additional services. These services will be performed based on proposals approved by the Town prior to the performance of those requested additional services. 117

118 Kimley,)Horn Page 4 Fee and Billing KHA will perform the services described in this Scope of Services on an hourly basis in accordance with our Contract with the Town. lt is recommended that the following budgets be estabtished for these services. Task 'l - Operating Permit Compliance Monitoring, Groundwater Testing and Reporting Task 2 - Continued Supplemental Groundwater Monitoring s43,32s.50 $20, Task 3 - Closure Photogrammetric Mapping and Landfill Capacity Estimation $16, ln addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the Professional Services Agreement between the Town of Palm Beach and Kimley-Hom and Associates, lnc., dated January 27, 20'16, which are incorporated by reference. As used in the Agreement, the term "CONSULTAN]'' shall refer to Kimley-Horn and Associates, lnc., and the term "TOWN" shall refer to The Town of Palm Beach. lf you concur in all the foregoing and wish to direct us to proceed with the services, please notify us by providing a purchase order for the scope and fee described above. We appreciate the opportunity to provide these services to you. With Kimley-Horn, you should expect more and will experience better. Please contact me at (561) 840{820 or kevin.schanen@kimleyhorn.com should you have any questions. Sincerely, ').,,,// l,/'/ / 'L i-.1"'" By: Kevin Schanen, P.E. Vice President Attachment K:\wPB_Civil\ceneral\Schanen\Proposals\Palm Beach\Landfill lvlonitoring\2017flandiill 2017 Compliance Sampling Proposal.docx 1920 Wekiva way, Suite 2OO, West Palm Beach, FL 3341'l I

119 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Resolutions Agenda Title RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Use of the State of Florida, Department of Management Services Contract # R (MyFloridaNet) for Internet Bandwidth Services in the Total Estimated Amount of $46,000, Based on Current State Contract Pricing; and Authorizing the Town Manager to Execute Said Agreement on Behalf of the Town. Presenter Jay Boodheshwar, Deputy Town Manager ATTACHMENTS: Description Memorandum Dated October 27, 2016, from Charles Kapachinski, Information Technology Manager Resolution No Current Agreement with Suncom and Proposed Rates for Increased Bandwith Services 119

120 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Mayor and Town Council Via: Thomas G. Bradford, Town Manager Via: Jay Boodheshwar, Deputy Town Manager From: Charles Kapachinski, Information Technology Manager Re: Authorize Revised Agreement with State of Florida, Department of Management Services for Internet Bandwidth Services Resolution No Date: October 27, 2016 STAFF RECOMMENDATION Staff recommends Town Council adopt Resolution No , authorizing the use of the State of Florida, Department of Management Services, AKA SUNCOM, AKA MyFloridaNet, for Internet Bandwidth services based on current state contract pricing and approve an FY2017 General Fund contingency allocation of $30,000 for the increase in cost from moving from a 10 Mbps to a 100 Mbps service level. GENERAL INFORMATION The Town currently receives Internet services through the State of Florida under a month-tomonth state contract agreement that was approved January 6, The current service level of 10 Mbps has proven to be inadequate in supporting digital services to town systems resulting in frequent Internet latency and increasing periods of service disruptions. Staff is requesting an upgrade of service to 100 Mbps based on Florida State Contract # R (MyFloridaNet) to help minimize service disruptions. FUNDING/FISCAL IMPACT The FY2017 Information Technology budget includes funding for 10 Mbps service level at a cost of approximately $16,000, but an additional $30,000 will be necessary from FY2017 General Fund contingency to increase this service level to 100 Mbps for a total annual amount of $46,

121 PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW This resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachments Cc: Department Directors Adis Pedraza, Purchasing Manager 121

122 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING THE USE OF THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES CONTRACT # R (MYFLORIDANET) FOR INTERNET BANDWIDTH SERVICES IN THE TOTAL ESTIMATED AMOUNT OF $46,000 BASED ON CURRENT STATE CONTRACT PRICING; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE TOWN. * * * * * BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Town Manager is hereby authorized to execute an agreement with the State of Florida, Department of Management Services for Internet Bandwidth Services in the total estimated amount of $46,000 for FY 2017 through the State of Florida, Department of Management Services, Contract # R (MyFloridaNet). Section 2. The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be deemed necessary to effectuate the purchase of increased Internet bandwidth for town services through State of Florida, Department of Management Services, Contract # R (MyFloridaNet). PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 8th day of November, Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President Richard M. Kleid, Council President Pro Tem Bobbie Lindsay, Town Council Member ATTEST: Danielle H. Moore, Town Council Member Susan A. Owens, MMC, Town Clerk Margaret A. Zeidman, Town Council Member 122

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127 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Resolutions Agenda Title RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing an Increase of $23, to Purchase Order Number to CDW-G, for a New Total of $42, for the Purchase of Additional Cisco Hardware and Approving a Total Project Budget Not to Exceed $46, Presenter Jay Boodheshwar, Deputy Town Manager ATTACHMENTS: Description Memorandum Dated November 1, 2016, From Charles Kapachinski, Information Technology Manager Resolution No Quotation Dated October 26, 2016, From CDW-G 127

128 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Mayor and Town Council Via: Thomas G. Bradford, Town Manager Via: Jay Boodheshwar, Deputy Town Manager From: Charles Kapachinski, Information Technology Manager Re: Authorization to Increase Purchase Order Amount for Additional Cisco Equipment Resolution No Date: November 1, 2016 STAFF RECOMMENDATION Staff recommends that Town Council approve Resolution No authorizing a change order to increase Purchase Order Number in the amount of $23, for a new total of $42,118.78, and approving a total project budget of $46, for additional Cisco hardware. GENERAL INFORMATION Purchase Order Number was issued on October 20, 2016, in the amount of $18, to CDW-G for Cisco switches and accessories, in full accordance with the State of Florida Cisco WSCA Contract AR WSCA-14-ACS. The Purchasing Division reviewed the contract and determined that it fulfilled the Town s procurement requirements. The Information Technology Department (IT) is in the process of replacing several network devices that have reached end of life and need to be replaced as part of the annual replacement program. The additional Cisco equipment required is similar in nature to the previously purchased equipment and is available in the same procurement vehicle. Therefore, IT wishes to allocate an additional $23, to this purchase order to procure the required replacement equipment. FUNDING/FISCAL IMPACT This increase will be fully contained in the Information Systems Major Computer Equipment account for FY2017. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. 128

129 TOWN ATTORNEY REVIEW The Resolution is in a form previously approved by the Town Attorney for legal form and sufficiency. Attachments Cc: Jane Struder, Director of Finance Adis Pedraza, Purchasing Manager 129

130 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING AN INCREASE OF $23, TO PURCHASE ORDER NUMBER TO CDW-G, FOR A NEW TOTAL OF $42, FOR THE PURCHASE OF ADDITIONAL CISCO HARDWARE AND APPROVING A TOTAL PROJECT BUDGET NOT TO EXCEED $46, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Town Council of the Town of Palm Beach hereby authorizes an increase to Purchase Order Number to CDW-G in amount of $23,520.00, for a new total of $42, and approving a total project budget of $46, Section 2. The Town Manager is hereby authorized to execute a change order on behalf of the Town of Palm Beach for the additional costs referenced above. Section 3. A copy of CDW-G Quote number HLWT713 is attached hereto as Exhibit A and is hereby incorporated within this Resolution and made a part hereof. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 8th day of November, Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President Richard M. Kleid, Council President Pro Tem Bobbie Lindsay, Town Council Member ATTEST: Danielle H. Moore, Town Council Member Susan A. Owens, MMC, Town Clerk Margaret A. Zeidman, Town Council Member [Type text] [Type text] [Type text] 130

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132 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Consent - Other Agenda Title Update of the Cherry Lane Drainage Improvements Project. Presenter H. Paul Brazil, P.E., Director of Public Works ATTACHMENTS: Description Memorandum dated October 18, 2016, from H. Paul Brazil, P.E., Director of Public Works 132

133 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 TO: VIA: FROM: RE: Mayor and Town Council Thomas G. Bradford, Town Manager H. Paul Brazil, P.E., Director of Public Works Update of the Cherry Lane Drainage Improvements Project DATE: October 18, 2016 STAFF RECOMMENDATION No action is required. Staff is providing an update on the progress of the Cherry Lane Drainage Improvements. GENERAL INFORMATION On September 13, 2016, Town Council directed staff to maximize the roadway width on Cherry Lane between North Lake Way and North County Road. After this meeting, Town staff coordinated with the contractor and engineer to verify the maximum possible width of the road. A meeting was held with staff, residents of the south side of Cherry Lane, the contractor and engineer to discuss a mutually agreeable roadway width. During this meeting, the possibility of utilizing 19-feet of the 20- foot right-of-way was explored. The curb line would be installed on the southern right-of-way on Cherry Lane and one foot from the northern right-of-way. This option was agreeable to the residents and was deemed constructible by the contractor. The 19-foot roadway width will consist of 16-feet of asphalt pavement and two (2) 1.5-foot curbs. To make these modifications, drainage structures that had already been installed need to be shifted and partially re-built. Landscape will need to be removed and replaced or relocated at certain locations to accommodate construction. The residents affected by the proposed landscape modifications have worked with the project team to come up with an agreeable and unique solution for their property. Another site meeting was held with the Town s arborist at which time recommendations were made for preserving the health of the vegetation on the north side of the road during trimming and construction. The contractor has agreed to these procedures, and construction is proceeding to install Cherry Lane road with a 19-foot roadway section. The schedule for the project will extend into season. During the September 13, 2016 Town Council meeting, the mayor asked staff to review the sight triangle for the North Lake Way/Cherry Lane and the North County Road/Cherry Lane intersections and make the necessary corrections for deficiencies, if any, as long as it is within the project limits. The North County Road/Cherry Lane intersection has an acceptable sight triangle. The North Lake Way/Cherry Lane intersection does not meet the sight triangle requirements due to perimeter hedges along North Lake Way, however, since the landscaping obstructions are not within the work limits, corrections cannot be made within this project. 133

134 FUNDING/FISCAL IMPACT There is no funding/fiscal impact related to this item, since project funding was previously approved. TOWN ATTORNEY REVIEW Review and approval by the Town Attorney for legal form and sufficiency is not necessary, since the contract and purchase order was already in place. Attachments cc: Eric B. Brown, P.E., Assistant Director of Public Works Patricia Strayer, P.E., Town Engineer Jeffrey Sanon, P.E., Project Engineer Adis Pedraza, Purchasing Manager 134

135 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Consent - Other Agenda Title Approval of the Selection Committee's Recommendation for RFP No Golf Course Management Software System for the Par 3 Golf Course to GolfNow, LLC. and permission to negotiate agreement on behalf of the Town. Presenter Beth Zickar, Director of Recreation ATTACHMENTS: Description Memorandum Dated October 24, 2016 From Beth Zickar, Director of Recreation RFP No Final Ranking 135

136 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Via: Mayor and Town Council Thomas G. Bradford, Town Manager From: Beth Zickar, Director of Recreation Re: Approval of the Selection Committee s Recommendation for RFP No Golf Course Management Software System for the Town of Palm Beach Par 3 Golf Course to GolfNow, LLC. Date: October 24, 2016 STAFF RECOMMENDATION Staff recommends the Town Council (1) approve the recommendation of the Selection Committee s ranking of firms responding to the Town s Request for Proposals (RFP), for a golf course management software system, with GolfNow, LLC., being the highest ranked proposer, and (2) authorize staff negotiations with the highest ranked firm by the Selection Committee. GENERAL INFORMATION The Town of Palm Beach desired to investigate software systems available for tee time reservation, point of sale management, financial report production, administration management solutions and marketing support for use at the Par 3 Golf Course. Staff prepared an RFP and advertised the same on August 14 and 21, The submittal deadline was September 21, A Selection Committee was created consisting of Tony Chateauvert, Golf Manager, Lisa Walkowich, Office Manager, Recreation, Jane Struder, Finance Director, Jim Palmer, Systems Analyst, Information Technology, Beth Zickar, (non-voting) Director of Recreation, and Charles Kapachinski, (non-voting) Information Technology Manager. The Selection Committee met on October 13, 2016, to review the submittals and conduct initial rankings. Oral interviews were held on October 20, 2016, for the three top ranked firms. The Selection Committee s final rankings are attached. The Selection Committee ranked the firm GolfNow, LLC as the highest based on their submittal in response to the RFP. GolfNow, LLC is currently providing internet advertising and marketing services to the Par 3, utilizing an inventory exchange payment option. The additional services are proposed to be provided at the same rate as is currently contracted. This will result in the ability to obtain additional revenue. Due to the reduction in the number of firms providing services utilizing an inventory exchange payment option to one, an additional 12 foursomes each week will be available for sale through the Town. The specific areas that were evaluated included qualifications and experience of firm and staff, implementation and training schedule, technical soundness of proposal and cost 136

137 proposal. Negotiations with this firm will include, but are not limited to, services, software and hardware provided, and compensation. Should these negotiations be unsuccessful staff will proceed to the second ranked firm. We plan to complete these negotiations in November and to have a resolution awarding this contract on the agenda for Town Council consideration on December 13, FUNDING/FISCAL IMPACT There is no direct budget impact with this agreement, as the software, hardware and service support provided by the highest ranked firm, GolfNow, LLC. will be offset with tee time inventory exchanges in lieu of payment. PURCHASING REVIEW This item has been reviewed by the Purchasing Division of the Finance Department and approved as recommended. TOWN ATTORNEY REVIEW This process has been approved for legal form and sufficiency. cc: John C. Randolph, Town Attorney Adis Pedraza, Purchasing Manager Selection Committee Members 137

138 TOWN OF PALM BEACH MEMORANDUM DATE: TO: FROM: SUBJECT: October 21, 2016 Beth Zickar, Director of Recreation Adis Pedraza, Purchasing Managerrf) Final Ranking - RFP No Golf Course Management Software for the Town of Palm Beach Par 3 Golf Course The Town received proposals from four (4) respondents. On October 13, 2016, the Selection Committee met to consider the submittals. All members of the committee listed below were present: T any Chateauvert - Golf Manager Lisa Walkowich - Office Manager, Recreation Jane Struder - Finance Director Jim Palmer - Systems Analyst, Information Technology Beth Zickar - Recreation Director (Non-Voting) Charles Kapachinski - Information Technology Manager (Non-Voting) Adis Pedraza - Purchasing Manager (Non-Voting) John Cmar - Purchasing Coordinator (Non-Voting) The Committee agreed by consensus to shortlist three (3) firms - EZLinks Golf LLC; Golf Compete, Inc. OBA foreup; and, GolfNow, LLC. On October 20, 2016, the Selection Committee heard presentations and demonstrations by the shortlisted companies. All members of the Committee were present except for Charles Kapachinski. After thorough consideration of the three (3) companies, the Selection Committee arrived at a final ranking as follows: 1. GolfNow, LLC 2. Golf Compete, Inc. OBA foreup 3. EZLinks Golf LLC It is the recommendation of the Selection Committee to award a contract to the highest ranked firm, GolfNow, LLC, for the Golf Course Management Software. Cc: File: RFP No John Randolph, Town Attorney Selection Committee Members 138

139 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Consent - Other Agenda Title Approval of the Selection Committee's Recommendation for RFP No Golf Instruction Services for the Par 3 Golf Course to the following golf professionals: Gene George, Tim McCoy, Bradford Costa, John Safford, Steve Madsen Pro, LLC and Kellie Stenzel Golf, Inc and authorizing permission to negotiate agreements on behalf of the Town. Presenter Beth Zickar, Director of Recreation ATTACHMENTS: Description Memorandum Dated October 25, 2016 From Beth Zickar, Director of Recreation RFP No Final Ranking 139

140 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Via: Mayor and Town Council Thomas G. Bradford, Town Manager From: Beth Zickar, Director of Recreation Re: Approval of the Selection Committee s Recommendation for RFP No Golf Instruction Services for the Par 3 Golf Course Date: October 25, 2016 STAFF RECOMMENDATION Staff recommends the Town Council (1) approve the recommendation of the Selection Committee s ranking of golf instruction service providers for the Par 3 Golf Course responding to the Town s Request for Proposals (RFP), and (2) authorize staff negotiations with the six (6) highest ranked individuals by the Selection Committee. GENERAL INFORMATION The need for a year-round contractual golf professional instruction program to provide lessons, clinics, coaching and other golf related services at the Par 3 Golf Course continues to be high priority within the Recreation Department. Staff prepared an RFP and advertised the same on September 11 and 18, The submittal deadline was October 18, A Selection Committee was created consisting of Tony Chateauvert, Golf Manager, Jane Struder, Finance Director, Karen Temme, Risk Manager, John Hartz, Jr., Recreation Advisory Commission and Beth Zickar (non-voting), Director of Recreation. The Selection Committee met on October 25, 2016, to review the submittals and conduct rankings. The Selection Committee s final rankings are attached. The Selection Committee ranked the golf professionals based on their submittals in response to the RFP. The specific areas that were evaluated included experience and qualifications of golf professional, quality of services, technical approach to services and compensation proposal. Negotiations will include, but are not limited to services, hours of operation, and compensation. Should negotiations be unsuccessful with any individual proposer, staff will proceed to the next ranked individual. We plan to complete these negotiations in November and to have a resolution awarding these contracts on the agenda for Town Council consideration on December 13,

141 FUNDING/FISCAL IMPACT The golf instruction services proposals submitted are expected to result in approximately $47,000 of annual revenue to the Town from golf instruction services and $3,000 per instructor for the administrative fee. PURCHASING REVIEW This item has been reviewed by the Purchasing Division of the Finance Department and approved as recommended. TOWN ATTORNEY REVIEW This process has been approved by the Town Attorney for legal form and sufficiency. cc: John C. Randolph, Town Attorney Adis Pedraza, Purchasing Manager Selection Committee Members 141

142 TOWN OF PALM BEACH MEMORANDUM DATE: TO: FROM: SUBJECT: October 25, 2016 Beth Zickar, Recreation Director Adis Pedraza, Purchasing Manager of} Final Ranking - RFP No Golf Instruction Services for the Town of Palm Beach Par 3 Golf Course The Selection Committee met on October 25, All members of the committee listed below were present: Jane Struder - Finance Director Tony Chateauvert - Golf Manager Karen Temme - Risk Manager John Hartz Jr. - Recreation Advisory Committee Beth Zickar - Recreation Director (Non-Voting) Adis Pedraza - Purchasing Manager (Non-Voting) John Cmar - Purchasing Coordinator (Non-Voting) The Town received six (6) proposals. After thorough consideration of the proposals submitted, the Selection Committee arrived at the following ranking: 1. Gene George 2. Tim McCoy 3. Bradford Costa 4. John Saffold 5. Steve Madsen Pro, LLC 6. Kellie Stenzel Golf Inc. It is the recommendation of the Selection Committee to award contracts to all six (6) proposers for the Golf Instruction Services. Cc: File: RFP No John Randolph, Town Attorney Selection Committee Members 142

143 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Consent - Other Agenda Title Status Report of Delinquent Accounts and Request for Authorization to Write-off Uncollectible Accounts Presenter Jane Struder, Director of Finance ATTACHMENTS: Description Memorandum Dated October 28, 2016, from Jane Struder, Director of Finance Delinquent Account Report Write-off Listings 143

144 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Via: From: Re: Mayor and Town Council Thomas G. Bradford, Town Manager Jane Struder, Director of Finance Status Report of Delinquent Accounts and Request for Authorization to Write-off Uncollectible Accounts Date: October 28, 2016 STAFF RECOMMENDATION Staff recommends that the Town Council authorize staff to write off the balances identified in the report and summarized below: Type of Charge Write off Amount FY2016 Revenue Collected % of Write off vs. Total Revenue EMS Charges $289,895 $419, % Code Enforcement 5, , % Parking Tickets (FY2013) Tickets 62, , % Penalties 76, , % Total $592,209 $1,636, % GENERAL INFORMATION Status of Delinquent Accounts - Year End Update Attached is the September 30, 2016, Status of Delinquent Accounts report for your review. This report includes outstanding code enforcement liens, false alarm fees and fire prevention fees. The total amount of delinquent accounts on this report equals $2,233, Most of the balance is made up of code enforcement liens. The numerous $150 amounts under code enforcement liens represent code enforcement administrative fees. Overall, aside from the code enforcement liens, the alarm and fire prevention accounts are mostly current and collection letters have been sent to the parties involved. This delinquent account report is prepared monthly and distributed to the Planning, Zoning and Building, Public Works, Fire-Rescue and the Police Departments to monitor for collection opportunities. 144

145 EMS Collections Fire-Rescue is requesting the authority to write off $289,895 in uncollectible EMS fees. During FY13, the Town contracted with EMS Management and Consultants, Inc. (EMSMC) to bill and collect EMS fees. They took over the process on December 1, The collection process has been followed and all notices have been sent and these accounts have been sent to the collection agency (NRA). In 2015, we contracted with Security Collection Agency to collect the delinquent EMS and other outstanding accounts. EMSMC sends the uncollectible accounts to SCA on a monthly basis. The write-off amount is unusually high this year. The accounts that were with the prior collection agency are uncollectible and we are requesting the authority to write-off these accounts in addition to the annual uncollectible accounts from EMSMC firm. The total amount due on EMS accounts is shown below. Total amount due on EMS accounts as of September 30, 2016: $206, Total amount of delinquent accounts as of September 30, 2016: $69, The collection rate for the FY2016 dates of service is currently 61.3%, the collection rate for the FY2015 dates of service is currently 75.6% Total revenue from EMS fees for FY2016: $419,950. The collection rate for EMS has improved from 56.6% which was the first year with EMSMC. We expect this rate to improve and will be watching it during the upcoming year to ensure EMSMC is performing up to our expectations. Parking Tickets The Town uses a collection agency, Enforcement Technology (ET) to collect on delinquent and out-of-state parking tickets. During FY16, their efforts to collect on delinquent tickets have produced $58,816 in additional parking ticket revenue, a decrease from $105,888 in FY15. ET has been paid $23,526 for their efforts during the year. Revenues from parking tickets and associated penalties for FY16 were $53,289 lower than FY15. Last year, Town Council authorized staff to write off tickets issued during fiscal year We are requesting that the Town Council authorize staff to write off outstanding parking tickets and penalties issued prior to September 30, 2013, totaling $138,980. This total consists of original tickets issued in the amount of $62,605 and $76,375 in penalties. These tickets have been sent to the collection agency and all efforts have been made to collect these tickets. The collection agency will continue to pursue these outstanding tickets. Code Enforcement Code Enforcement write-offs total $5,525 for 17 cases. The attached memorandum from Benjamin Alma, Code Enforcement Manager, provides individual explanations per case. 145

146 The chart below compares FY2015 vs. FY2016 write off and receivable balances. Comparison of FY2015 vs. FY2016 Receivable Report Write off Amounts Type of Charge FY2015 FY2016 EMS Charges $159,865 $447,704 Code Enforcement $0m $5,525 Parking Tickets $155,465 $138,980 Balance of Delinquent Accounts Type of Charge FY2015 FY2016 Code Enforcement Liens $1,977,053 $2,232,153 Fire Prevention Fees $676 $1,073 False Alarm Accounts $3,166 $756 EMS Charges $227,428 $206,346 Parking Tickets Tickets $351,880 $360,525 Penalties $355,033 $346,206 Revenues from above sources Type of Charge FY2015 FY2016 Code Enforcement Liens $151,555 $190,705 EMS Fees $450,423 $419,950 Parking Tickets and Penalties $1,101,817 $1,048,

147 Town of Palm Beach Delinquent Accounts 9/30/2016 Principal Penalty/ Total Date of Name Address Case Number Due Interest Due Due Lien Action Taken Code Enforcement Liens Robert & Beverly Lowden 129 Chilian Ave Case # $ $35, $35, /12/2007 $150 CEB Cost 3/15/07 $250 Day, Adv Fee $ Susan Gibson- Case Pendleton Ave Case # $ $43, $43, /11/2010 $150 CEB 9/20/07 $250 per day thru 3/20/08 (sewer) Susan Gibson - Case Pendleton Ave Case # $0.00 $824, $824, /11/2010 Daily Running Fine of $ started 10/18/07 C.J.'s Simply Gourmet Inc 235 Sunrise Avenue Case # $ $0.00 $ /31/2008 Fine of $250.00: CEB Cost of $ /17/08 C.J.'s Simply Gourmet Inc 235 Sunrise Avenue Case # $ $0.00 $ /31/2008 Fine of $250.00: CEB Cost of $ /17/08 C.J.'s Simply Gourmet Inc 235 Sunrise Avenue Case # $ $ $ /31/2008 Fine of $500.00: CEB Cost of $ /17/08 C.J.'s Simply Gourmet Inc 235 Sunrise Avenue Case # $ $ $ /31/2008 Fine of $500.00: CEB Cost of $ /17/08 Susan C Lee 287 Pendleton Ave Case # $ $598, $598, /02/2010 Daily Fine of started 4/10/10:CEB costs Fiori 350 South County Rd # Case # $ $0.00 $ collections 12/23/14 $ CEB on 9/15/11 Robert &Beverly Lowden 129 Chilean Ave Case #12-16 $ $291, $291, /27/2012 $150 CEB on 3/22 - $250 per day 4/07/12-stopped 6/18/15 Armenta Landscape 2875 S. Ocean Blvd Case #12-86 $ $ $ collections 12/23/14 $150 CEB on 3/22 - $250 water fine Tucker's Tree Service 1080 N Ocean Blvd Case # $ $0.00 $ collections 12/23/14 $150 CEB on 6/21/12 and $125 Fine Sandell Corp 111 Atlantic Ave Case #13-6 $ $0.00 $ /20/2013 $150 CEB on 2/21/13 Jennifer Condie 264 Seminole Ave Case # $ $ $ collections 12/23/14 $150 CEB on 4/18/13 & $250 CEB Fine Jennifer Condie 100 Block of Bradley Place Case # $ $ $ collections 12/23/14 $150 CEB on 6/20/13 & $250 CEB Fine Gayle P Petersen Tr 151 Reef Road Case # $0.00 $ $ /12/2014 $150 CEB pd 8/21/13 - $125 CEB Fine-pd admin fees Sandell Corp 111 Atlantic Ave Case # $ $1, $1, /26/2013 $150 CEB on 8/15/13 & $1250 Fine on 8/15/13 Jay Villa DBA JV Wood Floors 340 Royal Poinciana Way #330 Case # $ $ $ collections 12/23/14 $150 CEB on 9/19/13 and $125 Fine Sandell Corp 111 Atlantic Ave Case # $ $2, $2, /7/2014 $150 CEB on 12/19/13 and $2500 Fine Xavier T Willis 766 Hi Mount Road Case # $ $ $ collections 12/23/14 $150 CEB on 12/19/13 and $250 Fine Vivian Wilson 249 Miraflores Dr Case # $ $ $ collections 12/23/14 $150 CEB on 1/16/14 and $250 Fine Malquane R Jackson 201 El Vedado Road Case # $ $ $ collections 12/23/14 $150 CEB on 1/16/14 and $250 Fine Ellis & Nancy Parker 2165 Ibis Isle Rd #8 Case # $ $24, $24, /1/2014 $150 CEB on 3/20/14 $250 per day 4/15/14-comp 7/23/14 Nixon Home Improvement 200 Blk Royal Poinciana Way Case # $ $0.00 $ collections 12/23/14 $150 CEB on 4/17/14 and $125 Fine-Pd fine Tesla Motors 172 Worth Ave Case # $0.00 $ $ Check was returned NSF HPA Solida Inc 235 Sunrise Ave #1101 Case # $ $ $ collections 12/23/14 $150 CEB and #250 Fine on 8/21/14 Frank Pultrone 300 Blk So Ocean Case # $ $75.00 $ collections 12/23/14 $150 CEB on 8/21/14 - $75 Fine 8/21/14 Heidi D Franklin 300 Blk So Ocean Case # $ $75.00 $ collections 12/23/14 $150 CEB on 8/21/14 - $75 Fine 8/21/14 Joseph Toussaint 300 Blk So Ocean Case # $ $ $ collections 12/23/14 $150 CEB and $250 Fine on 9/18/ Royal Palm LLC 160 Royal Palm Way Case # $ $19, $19, /28/2014 $250 fine starting 9/22/14 per 10/16/14 order Morgan T McDonald Clarke Beach Case # $50.00 $ $ $150 CEB and $125 Fine on 11/20/14-pd 50 on 5/8/ Royal Palm LLC 160 Royal Palm Way Case # $ $164, $164, /3/2015 $150 CEB on 12/18/14 $250 per day start 01/10/15 Milton Andrew Taylor III 167 Clarendon Ave Case # $ $ $ collections 12/23/14 $150 CEB and $250 Fine on 11/20/14 Robert & Beverly Lowden 129 Chilean Ave Case # $ $25, $25, /14/2015 $150 CEB on 2/19/15 $250 per day Aegis Roofing Enterprise 288 S. County Road Case # $ $0.00 $ $150 CEB on 1/15/15 $125 fine on 1/15/15 recd $ Atlantic LLC 224 Atlantic Ave Case #15-57 $ $137, $137, /29/2015 $150 CEB on 3/19/15 $250 per day 4/11/15 Paul Pomfret 168 Reef Road Case # $0.00 $1, $1, /6/2015 $150 CEB on 7/16/15 paid $50 per day 8/20/15 Karin Jack 1047 S. Ocean Blvd Case # $ $45, $45, /23/2015 $150 CEB on 7/16/15 $100 per day start 07/28/15 Arij Gasiunasen 260 Clarke Ave Case # $ $0.00 $ $150 CEB on 7/16/15 Steve Demetro & Crown PDR 515 N Lake Way Case # $ $ $ $150 CEB & $250 fine on 8/20/15 Steve Adams & Crown PDR 515 N Lake Way Case # $ $ $ $150 CEB & $250 fine on 8/20/15 Matthew Gabelli 1157 N Lake Way Case # $ $0.00 $ $150 CEB on 11/19/15 owes alarm fees Sheldon Kramer & Savecard 302 S. County Rd Case # $0.00 $ $ $150 CEB on 12/17/15 and CEB fine of $250 The Sweet Spot 302 S. County Rd Case # $ $1, $1, $150 CEB and costs Fatemeh & Niaz Nazarian 1556 N Ocean Blvd Case # $ $4, $4, $150 CEB on 02/18/16 The Sweet Spot 100 Blk Chilean Ave Case #16-7 $ $ $ $150 CEB on 1/21/16 & $125 Fine Yoel Corporation 2145 S. Ocean Blvd Case # $ $ $ $150 CEB on 6/16/16 Matthew S Holt 415 Australian Ave Case # $ $0.00 $ $150 CEB on 09/15/16 Total CEB Fines $6, $2,225, $2,232, Alarm Accounts Matthew Gabelli 1157 N Lake Way AL $ $ $ Cert Ltr 8/7/15 - CEB on 09/11/15 Chris Shumway 1520 So. Ocean Blvd AL $ $63.00 $ Cert Ltr 09/13/16 - CEB 10/03/16 Lea Petty 168 Reef Road AL $50.00 $23.21 $73.21 Cert Ltr 09/13/16 - CEB 10/03/16 Total Alarm Calls $ $ $

148 Fire Prevention Inspection Date Reid Moore 400 Royal Palm Way #402 ' $ $0.00 $ /3/ day late notice Hospital for Special Surgery 250 Royal Palm Way #303 ' $ $0.00 $ /1/ day late notice Leonardo Apts 246 Atlantic Avenue ' $ $0.00 $ /12/ day late notice Enterprises 264 Seminole Avenue ' $ $0.00 $ /27/ day late notice Boca Nursing Services, Inc. 255 Sunrise Avenue #200 ' $ $0.00 $ /17/ day late notice Bench Mark Advisors 180 Royal Palm Way #201 ' $ $0.00 $ /31/ day late notice Centinel Solutions 220 Sunrise Avenue #201 ' $ $0.00 $ /27/2016 To CEB BILTMORE TECHNOLOGIES 265 Sunrise Avenue #204A ' $ $0.00 $ /25/2016 To CEB Indigo Palm Beach 241 Sunrise Avenue #CM11 ' $ $0.00 $ /20/2016 To CEB Total Fire Inspection $1, $0.00 $1, Total Monies due to the Town $8, $2,225, $2,233,

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168 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Consent - Other Agenda Title Authorization of Ordinance, Rules, and Standards Committee to Study Potential Amendments to the Regulation of Charitable Solicitations Presenter Susan A. Owens, MMC, Town Clerk ATTACHMENTS: Description Memorandum dated October 31, 2016, from Susan A. Owens, MMC, Town Clerk 168

169 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Via: Mayor and Town Council Thomas G. Bradford, Town Manager From: Susan A. Owens, MPA, MMC, Town Clerk Re: ORS Committee Authorization to Study Potential Amendments to the Regulation of Charitable Solicitations Date: October 31, 2016 STAFF RECOMMENDATION Staff is recommending that the Town Council authorize the Ordinance, Rules, and Standards (ORS) Committee to review of Chapter 78, Article III, of the Town Code of Ordinances for potential amendments to the regulations for issuance of charitable solicitation permits. GENERAL INFORMATION The Town of Palm Beach first began regulating charitable solicitations in 1962 by requiring permits for such activities. In the last 50 plus years there have been numerous piecemeal Code amendments made, the adoption of State legislation regulating these same matters, and changes in the fundamental nature and transparency of charitable solicitations and the organizations soliciting funds in the Town. Over time, these changes have resulted in a permitting process and Code provisions that have become duplicative, overly complex, antiquated, and/or ambiguous. In order to strike a more equitable and efficient balance between the regulation of charitable solicitations and the current needs of the community, it is advisable that the Town s ORS Committee and Staff perform a comprehensive review of Chapter 78, Article III, of the Town Code of Ordinances for potential amendments to the regulations for issuance of charitable solicitation permits. FUNDING/FISCAL IMPACT There are no anticipated funding/fiscal impacts. TOWN ATTORNEY REVIEW This item has been reviewed by the Town Attorney. cc: Jay Boodheshwar, Deputy Town Manager 169

170 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Regular Agenda - Old Business Agenda Title Unsolicited Interest in Purchasing Town-Owned Property at 5976 Okeechobee Blvd. Presenter Jay Boodheshwar, Deputy Town Manager ATTACHMENTS: Description Memorandum Dated November 1, 2016, from Jay Boodheshwar, Deputy Town Manager Letter of Interest Dated October 6, 2016, from Carmax, Inc. 170

171 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Mayor and Town Council Via: Thomas G. Bradford, Town Manager From: Jay Boodheshwar, Deputy Town Manager Re: Unsolicited Interest in Purchasing Town-Owned Property at 5976 Okeechobee Blvd. Date: November 1, 2016 STAFF RECOMMENDATION Staff recommends Town Council review the attached unsolicited letter of interest from Carmax, Inc. to purchase Town property located at 5976 Okeechobee Blvd. and provide direction to staff as neccessary. GENERAL INFORMATION At the August 16, 2016, Town Council meeting, staff presented the results of an appraisal completed by Callaway & Price, Inc. Real Estate Appraisers and Consultants for 5.88 acres of Town-owned property located at 5976 Okeechobee Blvd. The report highlights included the following: The 5.88 acres appraised is frontage on Okeechobee Blvd. The current zoning is multifamily residential high density. The current land use plan is designated as commercial high intensity with underlying residential for 3.47 of the 5.88 acres. The remaining acreage is designated as utilities/transportation. The highest and best use designation was determined to be commercial/industrial development. The subject property was valued as if zoned commercial and/or industrial. The market value of the subject property if it is zoned commercial and/or industrial is approximately $3,850,000. After hearing the appraisal report and discussing previously received unsolicited offers for the 5.88 acres, staff was directed to prepare and issue a Request for Proposals (RFP) for the potential sale of approximately 5.9 acres of frontage on Okeechobee Blvd. Subsequent to Council s direction, staff prepared a draft RFP, but said document has not been finalized or issued yet. 171

172 Carmax, Inc. (Carmax) has contacted the Town in the interim with an unsolicited letter of interest to purchase the entire acreage (28.4) at said property. See attached. Therefore, staff is seeking direction relative to Carmax s interest. If Council is interested in pursuing the potential sale of the entire parcel, staff recommends direction to work with the Town Attorney to negotiate a purchase agreement for consideration by Town Council at a future meeting. Staff also recommends pausing on the issuance of the previously approved RFP until such time that Council determines if it wishes to consider selling the entire parcel or just the 5.88 acres of frontage on Okeechobee. If Council wishes to pursue Carmax s interest in purchasing the property staff will order an appraisal for the entire parcel to confirm its market value. Attachment cc: John C. Randolph, Town Attorney H. Paul Brazil, P.E., Director of Public Works Kirk Blouin, Director of Public Safety Jane Struder, Director of Finance 172

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177 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Regular Agenda - Old Business Agenda Title Approval of Construction Methodology for Bradley Park Improvements. Presenter H. Paul Brazil, P.E., Director of Public Works ATTACHMENTS: Description Memorandum dated October 18, 2016, from H. Paul Brazil, P.E., Director of Public Works Letter from The Garden Club 177

178 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 TO: VIA: FROM: RE: Mayor and Town Council Thomas G. Bradford, Town Manager H. Paul Brazil, P.E., Director of Public Works Approval of Construction Methodology for Bradley Park Improvements DATE: October 18, 2016 STAFF RECOMMENDATION Town staff recommends that Town Council approve the Bradley Park Improvements as presented to the Landmarks Preservation Commission as presented October 19, Staff also recommends Town Council approve using a Construction Manager at Risk (CMAR) methodology for overseeing and implementing the Bradley Park Improvements. GENERAL INFORMATION The Town of Palm Beach is continuing its efforts to conduct improvements to Bradley Park which is located at the Northwest corner of the Royal Poinciana Way and Bradley Place intersection and is to be funded by the Preservation Foundation of Palm Beach. At the October 13, 2016 Town Council Meeting, Council approved Special Exception # with Site Plan Review. On October 19, 2016, the Landmarks Preservation Commission formally gave a conditional approval based on evaluating the relocation of the fountain. The Landmarks Preservation Commission requested the Preservation Foundation evaluate moving the fountain from the patio in front of the Tea House to the lawn in front of the patio or to an area that is northwest of the Tea House. It is important to note that in a letter dated October 4, 2016, the Diocese of Palm Beach has provided approval of the existing plan with the fountain located on the patio. Any modification to this plan will require further review and approval by the Diocese of Palm Beach. Public Works is anticipating the receipt of plans and specifications for the improvements to Bradley Park, if approved as is, within the next 30 days. The Preservation Foundation of Palm Beach is hopeful that construction of these improvements can be completed during the summer of With this goal in mind, Public Works staff has reviewed several different contracting methods that were used on previous projects. These procurement methods consist of open bid, bid to existing pre-qualified contractors for specified services, use of pre-qualified construction management at risk for project budgeted at or below $2,000,000, and request for qualifications for Construction Management at Risk. 178

179 The Town currently has pre-selected Construction Management at Risk firms to select from to proceed forward with pre-construction services, bidding, awarding, and managing the project. The Bradley Park improvements are estimated to be under the $2,000,000 threshold for this contracting vehicle. The CMAR process offers the Town a higher level of transparency than other contracting mechanisms. The CMAR process requires all of the sub-contractor bid proposals, CMAR overhead, project management, profit, and contingencies be clearly identified and agreed upon prior to the initiation of work. This is significantly different than the open bid method where budget issues may not be discovered until a change order is requested by the low bid contractor during construction. Another benefit of this approach is that the construction management firm offers a guaranteed maximum price (GMP). The funds for this project are being donated and it may be helpful to be able to assure the donors of a maximum project cost. A tentative schedule would be as follows: Award Pre-Construction Services Contract to CMAR December 13, 2016 Award Guaranteed Maximum Price February 14, 2017 Construction Commencement May 1, 2017 Construction Completion August 31, 2017 FUNDING/FISCAL IMPACT There is no fiscal impact associated with this approval. Funding is anticipated through a full donation from the Preservation Foundation of Palm Beach. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW Review and approval by the Town Attorney for legal form and sufficiency is not necessary. The Town Attorney will be available at the meeting to answer any questions concerning the need for approval of a revised site plan by the Diocese of Palm Beach. Attachments cc: Eric B. Brown, P.E., Assistant Director of Public Works Patricia Strayer, P.E., Town Engineer Jeffrey Sanon, P.E., Project Engineer Adis Pedraza, Purchasing Manager 179

180 RECEIVED CTUB r:c\i 120t0 October 31, 2016 Mr. H. Paul Brazil Director of Public Works Town of Palm Beach 360 South County Road Palm Beach, FL Dear Mr. Brazil, The Garden Club of Palm Beach has a long-standing interest in Bradley Park. We applaud the Preservation Foundation for spearheading the creation of a renovation plan for the park and for committing to raise the funds to accomplish it. ln early support of the Preservation Foundation's proposal, members of the Executive Committee of the Garden Club approved the following motion on March 4, 20 16: ln furtherance of The Garden Club of Palm Beach's great interest in Town Beautification, The Garden Club of Palm Beach supports improving Bradley Park. Our club has been consulted on the creation of the plan and we fully support it. We feel the placement of the fountain and its basin is a key part of the plan. The proposed fountain concept prepared by SMI is the most appropriate. By placing the fountain and its basin to the south of the teahouse the large amount of green space is preserved in the center of the park. O,ther suggested fountain locations would break up the open space. Large areas of open green space are rare in our town and should be preserved. The renovation plan proposed by SMI for Bradley Park will unite the disparate elements of the park into a cohesive and attractive space for all town residents and visitors to enjoy. We will all be proud of this renovated park that will welcome everyone into the Town of Palm Beach. Cc: Mayor Coniglio Tom Bradford Town Council Sirperely, O //Lr, /Ltu-J'--/ Sue A. Strickland, President 2 Four Arts Plaza. P. O. Box Palm Beach, FL Tel: Fax: gcpalm@aol.com 180

181 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Regular Agenda - Old Business Agenda Title Consideration of Modifications to Pedestrian Signalization of the Sunset Avenue and North County Road Intersection. Presenter H. Paul Brazil, P.E., Director of Public Works ATTACHMENTS: Description Memorandum dated October 27, 2016, from H. Paul Brazil, P.E., Director of Public Works 181

182 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 TO: VIA: FROM: RE: Mayor and Town Council Thomas G. Bradford, Town Manager H. Paul Brazil, P.E., Director of Public Works Consideration of Modifications to Pedestrian Signalization of the Sunset Avenue and North County Road Intersection DATE: October 27, 2016 STAFF RECOMMENDATION Town staff requests guidance in the request to modify the approved pedestrian signalization mechanisms for the Sunset Avenue and North County Road Intersection. GENERAL INFORMATION Town Council approved and awarded the construction contract for the signalization and mast arm improvements at the intersections of Sunrise Avenue and Sunset Avenue with North County Road at the February 9, 2016 Town Council meeting. These improvements include replacing the existing mast arms, upgrading the signalization, installing pedestrian poles with buttons and countdown heads, upgrading curb ramps to current ADA standards, drainage improvements, and curb and sidewalk improvements between the two (2) intersections. The project also includes milling, resurfacing, striping of both the intersections of Sunrise Avenue and Sunset Avenue intersections, and along North County Road from just south of Sunset Avenue to just north of Sunrise Avenue. Each intersection includes two (2) pedestrian poles at each corner. On top of each pedestrian pole is a signal countdown light that lets the pedestrians know how much time is left for crossing the street or left before the light will change to allow crossing the street. The Palm Beach Synagogue is prominently located at the northwest corner of Sunset Avenue and North County Roads. The primary entrance directly faces the intersection and the pedestrian poles are located across the sidewalk at each corner of the entrance way. Just inside the doors of the Synagogue is the main sanctuary. Michael Scharf, as a representative of the Synagogue, has requested that the pedestrian poles be modified to reduce the aesthetic and noise impact to the entrance of the Synagogue. Staff has developed an alternative that is acceptable to the Mr. Scharf. This alternative includes using a shorter pedestrian pole which is 5.5 feet instead of 8 feet and eliminating the pedestrian signal. Originally, staff recommended only removing the pedestrian signalization at the one corner, but upon guidance from the engineer of record, the alternative will require eliminating the pedestrian signals from all four (4) corners of the intersection. Staff has ensured that even though this alternative does not include the installation of the pedestrian 182

183 signals, each pedestrian pole will still be constructed and wired with the ability to install the pedestrian signals at any time in the future. Staff developed this alternative in an effort to achieve a solution that would be acceptable to the community that these improvements will serve. Inevitably, by modifying what was approved and what was expected, the solution does not meet everyone s expectations. Therefore, staff is looking to Town Council for direction on how to proceed. It is important to note that there are often times that staff seeks to achieve harmony with adjacent businesses and property owners as we construct and implement projects. We anticipate that the resolution of this issue will serve as a precedent for how staff resolves similar request for modifications to approved projects in the future. FUNDING/FISCAL IMPACT The only funding/fiscal impact is the additional cost of two (2), 5.5 feet poles, which can be purchased within the approved budget of the existing contract. TOWN ATTORNEY REVIEW Review and approval by the Town Attorney for legal form and sufficiency is not necessary, since the contract and purchase order are already in place. Attachments cc: Eric B. Brown, P.E., Assistant Director of Public Works Jane Struder, Director of Finance Patricia Strayer, P.E., Town Engineer Jeffrey Sanon, P.E., Project Engineer Adis Pedraza, Purchasing Manager 183

184 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Regular Agenda - New Business Agenda Title Appointment to the Code Enforcement Board Presenter Kirk W. Blouin, Director of Public Safety ATTACHMENTS: Description Memorandum dated November 1, 2016, by Kirk W. Blouin, Director of Public Safety CEB Roster 2016 Attendance Record 2016 Voting Conflict Record Ballot 184

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186 TOWN OF PALM BEACH POLICE DEPARTMENT DEDICATED TO EXCELLENCE CODE ENFORCEMENT BOARD ROSTER James M. Ballentine, Jr., Chair Madelyn Greenberg, Vice Chair Cynthia Van Buren, Member Robert G. Donnelley, Member Matthew Natale, Member Scotch Peloso, Member Jay N. Nisberg, Member Donald B. Scott, Jr., Alternate Member Note: Board currently has one alternate member vacancy with a term expiration date of April

187 Code Enforcement Board Town of Palm Beach Attendance Record 2016 Member 1/21 2/18 3/17 4/21 5/19 6/16 7/21 8/18 9/15 10/20 11/17 12/15 James M. Ballentine, Jr. (Regular Member as of 8/2009) P P P P P P P U P P Madelyn Greenberg (Regular Member as of 4/2008) P P U P P P P P P P Cynthia Van Buren (Regular Member as of 4/2008) P U P P P P P P P P Robert G. Donnelley (Regular Member as of 12/2013) P P P P P P P P U P Matthew Natale (Regular Member as of 4/2015) P P P P P P P P P P Scotch Peloso (Regular Member as of 8/2015) U P P P P P P P P P Jay N. Nisberg (Regular Member as of 4/2016) P P P P P P P U P P Donald B. Scott, Jr. (Alternate Member as of 6/2016) P U P P P Harris S. Fried (Regular member as of 7/ Term limits reached 4/2016) P P P LEGEND: P= Present E- Excused U= Unexcused Absence A= Absence pending classification as excused or unexcused X= No meeting date - = Not a member at time of meeting 187

188 Code Enforcement Board Town of Palm Beach Voting Conflict Record 2016 Member 1/21 2/18 3/17 4/21 5/19 6/16 7/21 8/18 9/15 10/20 11/17 12/15 James M. Ballentine, Jr. (Regular Member as of 8/2009) * * * * * * * * * * Madelyn Greenberg (Regular Member as of 04/2008) * * * * * * * * * * Cynthia Van Buren (Regular Member as of 4/2008) * * * * * * * * * * Robert G. Donnelley (Regular Member as of 12/2013) * * * * * * * * * * Matthew Natale (Regular Member as of 4/2015) * * * * * * * * * * Scotch Peloso (Regular Member as of 8/2015) * * * * * * * * * * Jay N. Nisberg (Regular Member as of 4/2016) * * * * * * * * * * Donald B. Scott, Jr. (Alternate Member as of 6/2016) * * * * * Harris S. Fried (Regular Member as of 7/ Term limits reached 4/2016) * * * x x x x x x x x x LEGEND: V = One Voting Conflict during a meeting V2 = Two Voting Conflicts during a meeting V3 = Three Voting Conflicts during a meeting VPD = Voting Conflict Previously Declared (This category to be used when a conflict has been declared at a previous meeting, and the changes being reviewed are part of an ongoing renovation project. ONLY COUNT ORIGINAL DECLARED CONFLICT FOR ONGOING PROJECTS PER JOHN C. RANDOLPH, TOWN ATTORNEY X= No longer on Board * = No conflict 188

189 BALLOT FOR APPOINTMENT OF ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD Town Council Meeting on November 8, 2016 Position(s) to be filled: 1 Alternate Member Term to expire April 2018 (Due to the appointment of Jay Nisberg as a regular member) Please circle only 1 name below: Those Who Have Submitted Applications Daniel Mc Donnell Signature of Town Council Member: Ballot November 8,

190 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Regular Agenda - New Business Agenda Title Request for Donor Recognition Plaque for Palm Tree Planting on North County Road by Palm Beach Civic Association and Palm Beach Walks Presenter Thomas G. Bradford, Town Manager ATTACHMENTS: Description Memorandum Dated November 3, 2016, from Thomas G. Bradford, Town Manager Letter of Request 190

191 TOWN OF PALM BEACH Information for Town Council Meeting on November 16, 2016 To: Mayor and Town Council From: Thomas G. Bradford, Town Manager Re: Request for Donor Recognition Plaque for Palm Tree Planting on North County Road by the Palm Beach Civic Association and Palm Beach Walks Date: November 3, 2016 STAFF RECOMMENDATION Staff recommends the Town Council give consideration to the request of the Palm Beach Civic Association and Palm Beach Walks for a donor recognition plaque within the project area of the recent planting of palm trees along the edges of North County Road. GENERAL INFORMATION At the request of the Palm Beach Civic Association and Palm Beach Walks the Town Council agreed to the addition of palm trees along the edges of North County Road from Royal Poinciana Way to approximately Park Avenue as part of the Town s Traffic Signal Mast Arm Project in the same area. The cost of the trees was a donation from the two referenced organizations. The organizations have requested the addition of a plaque on a pedestal in a tree pit located approximately at the southeast corner of the intersection of North County Road and Sunrise Avenue. The cost of the donor recognition plaque and pedestal will be borne by the requesting organizations. Please note that the attached drawings show the addition of a Green Island Ficus hedge in the tree pits. This addition, cost of the plantings and future maintenance have not been considered by the Town Council. Your direction on this subject is also requested. FUNDING/FISCAL IMPACT There is no cost to the Town for the requested donor plaque and pedestal. Costs for Green Island Ficus plantings, if approved, needs to be determined. cc: H. Paul Brazil, P.E., Director of Public Works Ned Barnes, President, Palm Beach Civic Association John David Corey, Palm Beach Walks 191

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197 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Regular Agenda - New Business Agenda Title Coastal Update: a. Shore Line Protection Update b. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing State Grant of FDEP Contract No. 14PB7, Amendment No. 4, Between the State of Florida Department of Environmental Protection and the Town of Palm Beach Under the Florida Beach Management Funding Assistance Program for the Lake Worth Inlet Management Plan Implementation, Specifically Sea Turtle Nesting Monitoring Reimbursement, and Authorizing the Town Council President to Execute Same on Behalf of the Town. Presenter H. Paul Brazil, P.E., Director of Public Works ATTACHMENTS: Description b. Memorandum dated October 24, 2016, from H. Paul Brazil, P.E., Director of Public Works b. Resolution No b. Agreement No. 14PB7 Amendment No

198 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 TO: VIA: FROM: RE: Mayor and Town Council Thomas G. Bradford, Town Manager H. Paul Brazil, P.E., Director of Public Works Authorization for State Grant Amendment No. 4 Lake Worth Inlet IMP Implementation for Sea Turtle Nesting Monitoring Reimbursement Resolution No DATE: October 24, 2016 STAFF RECOMMENDATION Town staff recommends that Town Council approve Resolution No authorizing the Town Council President to sign Florida Department of Environmental Protection (FDEP) Agreement 14PB7 Amendment No. 4 for State cost sharing participation for Sea Turtle Nesting Monitoring. GENERAL INFORMATION Each year, the Town provides a Local Government Funding Request (LGFR) to the FDEP for projects that are eligible for State cost sharing. The request includes project planning, permitting, construction, and monitoring tasks. In 2014, FDEP identified State appropriated funds for partial reimbursement of the eligible 2014 marine turtle monitoring effort, as identified in the Town s LGFR. Amendment No.1 to FDEP Grant Agreement 14PB7 reflected this additional State appropriation and established a cost-sharing amount of $355, In 2015, FDEP identified State appropriated funds for partial reimbursement of the eligible 2015 biological monitoring effort, as identified in the Town s LGFR. Amendment No. 2 to FDEP Grant Agreement 14PB7 reflected this additional State appropriated and established a cost-sharing amount of $409, Earlier in 2016, FDEP and the Town agreed to Amendment No. 3 to FDEP Grant Agreement 14PB7 which adjusted the billing eligibility for work completed in This amendment allowed reimbursement for cost sharing efforts that were identified in the original agreement. FDEP has recently identified State funds in the amount of $49,368 to be utilized for partial reimbursement of eligible 2015 and 2016 sea turtle nesting monitoring tasks. Amendment No. 4 reflects this additional appropriation by the State for a new cost-sharing total, increasing the Grant Agreement 14PB7 amount from $409, to $459,

199 FUNDING/FISCAL IMPACT These State funds will reimburse the Town an additional $49,368 for costs incurred through the 2015 and 2016 annual Sea Turtle Nesting Monitoring effort, as required through the FDEP Beach Management Agreement. TOWN ATTORNEY REVIEW This resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. In addition, the Town Attorney will review the FDEP contract and approve it for legal form and sufficiency prior to execution. Attachments cc: Shore Protection Board Jane Struder, Director of Finance Robert Weber, Coastal Program Manager 199

200 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING STATE GRANT OF FDEP CONTRACT NO. 14PB7, AMENDMENT NO. 4, BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE TOWN OF PALM BEACH UNDER THE FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM FOR THE LAKE WORTH INLET MANAGEMENT PLAN IMPLEMENTATION, SPECIFICALLY SEA TURTLE NESTING MONITORING REIMBURSEMENT, AND AUTHORIZING THE TOWN COUNCIL PRESIDENT TO EXECUTE SAME ON BEHALF OF THE TOWN. * * * * * WHEREAS, the Town of Palm Beach (Town) and the Florida Department of Environmental Protection (FDEP), have worked cooperatively by executing cost-sharing agreements related to implementing the Town s Comprehensive Coastal Management Plan; and WHEREAS, the FDEP has agreed to a partial cost-share on eligible project elements related to Biological Monitoring. NOW, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The foregoing recitals are hereby ratified and confirmed. Section 2. The Town Council hereby authorizes the State of Florida Department of Environmental Protection (FDEP) Contract No. 14PB7, Amendment No. 4, to partially reimburse the Town for Sea Turtle Nesting Monitoring costs in the amount of $49,368. Section 3. FDEP Contract No. 14PB7, including three (3) previous amendments, provided partial reimbursement for $409, Amendment No. 4 will increase the partial reimbursement to the Town from $409, to $459, Section 4. The Town Council President is hereby authorized to execute FDEP Contract No. 14PB7, Amendment No. 4, on behalf of the Town. Section 5. This Resolution shall be provided to the FDEP, at 3900 Commonwealth Blvd., Mail Station 3601, Tallahassee, Florida , in accompaniment with an executed original of FDEP Contract No. 14PB7, Amendment No

201 PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of November Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President Richard M. Kleid, Council President Pro Tem Bobbie Lindsay, Town Council Member ATTEST: Danielle H. Moore, Town Council Member Susan A. Owens, MMC, Town Clerk Margaret A. Zeidman, Town Council Member Res. No Page 2 201

202 AGREEMENT No: 14PB7 AMENDMENT No. 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESTORATION ASSISTANCE BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR LAKE WORTH INLET MANAGEMENT PLAN IMPLEMENTATION THIS AGREEMENT, entered into on the 9 th day of June, 2014, amended on the 19 th day of December 2014, amended on 5 th day of January, 2016, and amended on the 11 th day of August, 2016, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 3900 Commonwealth Boulevard, MS 3601, Tallahassee, Florida 32399, and the TOWN OF PALM BEACH, a local government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is Post Office Box 2029, Palm Beach, Florida, , is hereby amended. and, WHEREAS, the 2015 Legislature has provided FY funds for permit required monitoring; WHEREAS the LOCAL SPONSOR has requested to extend the expiration date of the agreement to allow the additional time required for the successful completion of the scopes of work for permit required monitoring; and the DEPARTMENT has agreed; and, WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived here from, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: Paragraphs 1 through 45 and all attachments are hereby deleted in their entirety and replaced with the following: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the inlet management project known as the LAKE WORTH INLET MANAGEMENT PLAN IMPLEMENTATION, (hereafter referred to as the PROJECT), as defined in Attachment A (Grant Work Plan), attached hereto and made a part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms Grantee, Recipient and Local Sponsor are used interchangeably. 2. This Agreement shall begin on the last date executed and end on November 17, Pursuant to Section (18), Florida Statutes (F.S.), and 62B , Florida Administrative Code (F.A.C.), work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after February 1, 2014, may be eligible for reimbursement by the DEPARTMENT. 3. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of the implementation of the Lake Worth Inlet Management Plan (IMP) which includes strategies to mitigate beach erosion caused by the inlet. 202

203 4. For tasks, specified in Table 1 in Attachment A, the LOCAL SPONSOR shall develop a detailed Scope of Work, which shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Each Scope of Work shall be approved by the DEPARTMENT as to content, deliverables, and schedule prior to incorporating into Attachment A, as an amendment or change order to this Agreement pursuant to paragraph The DEPARTMENT has determined that 100 percent of the non-federal PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $459, or up to percent of the non-federal PROJECT cost for Task 4.1 and up to 75 percent for Task 4.2, 4.3, 4.4, and 4.5, if applicable, for the specific eligible PROJECT items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. 6. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the Grant Work Plan in Attachment A are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT tasks that exceed the estimated PROJECT costs for that task shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shown in Attachment A, Table 1, shall be provided through formal amendment to this Agreement. 7. All notices and written communication between the parties shall be sent by electronic mail, United States Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any notices between the parties shall be delivered to the contact person at the addresses below: LOCAL SPONSOR Robert Weber, Coastal Program Manager Town of Palm Beach Post Office Box 2029 Palm Beach, Florida (561) rweber@townofpalmbeach.com DEPARTMENT Dena VanLandingham, Program Grant Administrator Department of Environmental Protection Beach Management Funding Assistance Program 3900 Commonwealth Blvd, MS 3601 Tallahassee, Florida (850) Dena.Vanlandingham@dep.state.fl.us Any changes to the contact information for DEPARTMENT personnel shown above or in paragraph 8 must be reduced to writing in the form of an notification from the DEPARTMENT. 8. The LOCAL SPONSOR s Project Manager for all matters is Robert Weber, Phone: (561) The DEPARTMENT's Project Manager for all technical matters is Rob Buda, Phone: (850) and the DEPARTMENT s Program Grant Administrator for all administrative matters is Dena VanLandingham, Phone: (850)

204 9. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 10. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 11. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 12. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and subject to the release of funds appropriated to the DEPARTMENT. The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the DEPARTMENT if Legislative appropriations are reduced or eliminated. 13. Paragraph reserved. 14. Paragraph reserved. 15. As consideration for the satisfactory completion of the eligible work identified in Attachment A and approval of the work by the DEPARTMENT, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost-reimbursement basis. All requests for reimbursement shall be made in accordance with Attachment B (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services Reference Guide for State Expenditures at The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment C (Request for Payment, PARTS I IV), attached hereto and made a part hereof. These forms are to be submitted upon completion of deliverables identified in the approved Grant Work Plan. These forms shall be certified as accurate by the LOCAL SPONSOR s Project Manager and the LOCAL SPONSOR s Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section , F.S. A final invoice shall be due no later than thirty (30) calendar days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, F.S., have been obtained. The final payment will not be processed until the match requirement has been met. 16. The DEPARTMENT's Project Manager shall have thirty (30) calendar days after receipt of each request for payment to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. It is understood and agreed that any request for payment that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT s review period and will reset when such information is received as requested by the DEPARTMENT. Upon approval of the request for payment, the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR. Retainage of 10% of the disbursement may be held on account for each deliverable in the disbursement that represents a portion of the complete subtask. The cumulative amount retained for each eligible deliverable item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to 204

205 submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). 17. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT s Project Manager on a quarterly basis, Attachment C (Project Progress Report, Part III of the Request for Payment package), as updates to the PROJECT schedule, no later than thirty (30) calendar days following the completion date of the quarterly reporting period in which the PROJECT is underway. The term quarterly shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31. Progress reports are to be submitted electronically in Microsoft Word (.doc) or Adobe Acrobat (.pdf). Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. In cases where no reimbursement is sought for a given quarter, all applicable portions of the progress report must still be completed and submitted. The timely submittal of these quarterly reports will result in points for the ranking of future projects under the Beach Management Funding Assistance Program (PROGRAM). 18. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment D (Project Completion Certification). A final PROJECT certification inspection shall be made by the DEPARTMENT within sixty (60) calendar days after the PROJECT is certified complete by the LOCAL SPONSOR. 19. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapters 287 and 255, F.S., as applicable, and Subsection (17), F.S. which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. A. Pursuant to Section , F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: 1) The contractor s maintaining an office or place of business within a particular local jurisdiction; 2) The contractor s hiring employees or subcontractors from within a particular local jurisdiction; or 3) The contractor s prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 20. The applicable provisions of Chapter 161, F.S., entitled Dennis L. Jones Beach and Shore Preservation Act, and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 21. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section , F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 205

206 22. A. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. B. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered pursuant to paragraph 7 as set forth in this Agreement. C. The DEPARTMENT may terminate this Agreement in the event that all tasks identified in Attachment A, Grant Work Plan have been certified complete and approved by the DEPARTMENT, and all eligible reimbursements have been provided to the LOCAL SPONSOR. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT to verify that all eligible items have been completed and reimbursed. 23. No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT. In the event that a deliverable is deemed unsatisfactory by the DEPARTMENT, the LOCAL SPONSOR shall perform the services again as needed for submittal of a satisfactory deliverable, at no additional cost to the DEPARTMENT, within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the DEPARTMENT may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the DEPARTMENT S Project Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the LOCAL SPONSOR to the DEPARTMENT. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the DEPARTMENT. The CAP shall be sent to the DEPARTMENT s Project Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the DEPARTMENT shall notify the LOCAL SPONSOR in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the LOCAL SPONSOR shall have ten (10) calendar days from receipt of the DEPARTMENT letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the DEPARTMENT approval of a CAP as specified above shall result in the DEPARTMENT S termination of this Agreement for cause as authorized in this Agreement. B. Upon the DEPARTMENT S notice of acceptance of a proposed CAP, the LOCAL SPONSOR shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL SPONSOR of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by LOCAL SPONSOR, the DEPARTMENT shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the DEPARTMENT or steps taken by the LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently asserting any deficiencies in performance. The LOCAL SPONSOR shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the DEPARTMENT as requested by the DEPARTMENT s Project Manager. 206

207 C. Failure to respond to the DEPARTMENT s request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the DEPARTMENT may result in termination of this Agreement. The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement. 24. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the DEPARTMENT for unlawful refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S. and Section 24(a) of Article I of the State Constitution. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) , by at ombudsman@dep.state.fl.us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL A. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date of this Agreement. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The LOCAL SPONSOR understands its duty, pursuant to Section (5), F.S., to cooperate with the DEPARTMENT s Inspector General in any investigation, audit, inspection, review, or hearing. The LOCAL SPONSOR will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. 26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT s Grant Administrator at 850/ , to request a copy of the updated information. 207

208 B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under U.S. Office of Management and Budget (OMB) Circular A-133, Subpart B, Section.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination (form number DFS- A2-NS) that can be found under the Links/Forms section appearing at the following website: The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 27. In accordance with Section , F.S., the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section , F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 31. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and maintain during the life of this Agreement, Workers Compensation Insurance for all of its employees connected with the work of this PROJECT. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers Compensation Insurance for all of the subcontractor s employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers Compensation Law, Chapter 440, F.S. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. 32. To the extent required by law, the Grantee will secure and maintain insurance coverages in the amounts and categories specified below, during the life of this Agreement. The Grantee shall provide documentation of any private insurance or self-insurance, as may be applicable to governmental 208

209 entities, to the Department s Grant Manager prior to performance of any work pursuant to this Agreement. A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual s claim and $300,000 each occurrence. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. C. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company-Owned Vehicles, if applicable $300,000 Hired and Non-owned Automobile Liability Coverage D. If any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as applicable, any other type of required insurance, including but not limited to Jones Act, Longshoreman s and Harbormaster s, or the inclusion of any applicable rider to worker s compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. Questions concerning required coverage should be directed to the U.S. Department of Labor ( or to the parties insurance carriers. E. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days written notice (with the exception of non-payment of premium which requires a 10-calendar-day notice) to the Department's Procurement Administrator. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. 209

210 F. If the Grantee is a Florida governmental entity that is self-funded for liability insurance, this paragraph 32.F. supersedes 32.A. through E., above. Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 33. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 34. A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section , F.S., may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services (DMS) is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida DMS, Office of Supplier Diversity at (850) A. The LOCAL SPONSOR is prohibited from commingling funds on either a program-byprogram or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Funds from each agency must be accounted for separately. Where a LOCAL SPONSOR s, or subrecipient's, accounting system cannot comply with this requirement, the LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the funds provided to the LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this Agreement. The LOCAL SPONSOR, upon such written notification from the DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the DEPARTMENT by the LOCAL SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT. C. In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall reimburse the DEPARTMENT for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT by the LOCAL SPONSOR. 36. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. Regardless of any subcontract, the LOCAL SPONSOR is ultimately responsible for all work to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the 210

211 executed subcontract to the DEPARTMENT within ten (10) calendar days after execution. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section , F.S. 1. The LOCAL SPONSOR may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the DEPARTMENT for fixed price subcontracted activities shall be supported with a copy of the subcontractor s invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. 2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the LOCAL SPONSOR shall request the advance written approval from the DEPARTMENT s Project Manager of the fixed price negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the DEPARTMENT Project Manager s approval of the fixed price amount, the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract. 3. All subcontracts are subject to the provisions of this Agreement which affect subcontracting activities. B. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT s Project Manager of the selection of an intended subcontractor for a construction task and provide a tabulation list from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287, F. S. Upon the DEPARTMENT s request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed Scope of Work. 38. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 211

212 39. The DEPARTMENT may at any time, by written order designated to be a change order, make any minor modifications, as described below. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the LOCAL SPONSOR s cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of a modification of deliverable due dates when such change does not involve an extension of contract, and modification to the Grant Work Plan when such modifications would not involve a decrease/increase in total cost of the Agreement or an extension of the performance period of this Agreement. 40. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 41. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control PROJECT, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control PROJECT prior to entering each individual property to conduct such activities. 42. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) calendar days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the LOCAL SPONSOR s intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the LOCAL SPONSOR, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR s consultant(s) or subcontractor(s) shall not constitute a force majeure event. 43. This Agreement and any Amendments or Change Orders to this Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by delivery of an electronic data file, such as Adobe Acrobat (.pdf), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original thereof, pursuant to s , F.S. 44. State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report regarding conflicts of interest and to be consistent with s (17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the DEPARTMENT/LOCAL SPONSOR/permittee/engineering consultant. The LOCAL SPONSOR s engineering consultant must provide an adequate mitigation plan, consistent with s (17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the LOCAL SPONSOR s engineering consultant, that addresses conflicts of interest when contracting multi-disciplinary firms for PROJECT 212

213 engineering and post-construction environmental monitoring services, or when the PROJECT engineering consultant firm subcontracts for post-construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. DEPARTMENT approval of the mitigation plan will be required prior to execution of this Agreement. If at any time the LOCAL SPONSOR and/or its engineering consultant fails to comply with this provision, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with environmental monitoring for the PROJECT listed in Attachment A. 45. In executing this Agreement, the Local Sponsor (or affiliate, subcontractor) certifies that it is not listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and/or Scrutinized Companies with Activities in Israel List (eff ), created pursuant to section , F.S. Pursuant to subsection (5), F.S., the Local Sponsor (or affiliate, subcontractor) agrees the Department may immediately terminate this Agreement for cause if the Local Sponsor (or affiliate, subcontractor) is found to have submitted a false certification or if the Local Sponsor (or affiliate, subcontractor) is placed on the Scrutinized Companies list during the term of the Agreement. 46. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. 213

214 IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures: TOWN OF PALM BEACH STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title: Town Council President By: Department of Environmental Protection Secretary or designee Print Name and Title Print Designee Name and Title Date: Date: FEID No Dena VanLandingham Program Grant Administrator Rob Buda, DEP Project Manager Local Sponsor s Attorney (if necessary) Print Name and Title *If someone other than the Town Council President signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the Agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (5 pages) Attachment B Contract Payment Requirements (1 page) Attachment C Request for Payment, Parts I - IV (5 pages) Attachment D Project Completion Certification (1 page) Attachment E Special Audit Requirements (5 pages) 214

215 ATTACHMENT A GRANT WORK PLAN Project Title: Lake Worth Inlet Management Plan Implementation. Project Location: The Project is in the Town of Palm Beach between survey monuments R76 and R78 with effects extending to R151 in Palm Beach County, Florida. Project Background: The Project consists of the implementation of the Lake Worth Inlet Management Plan (IMP) which includes strategies to mitigate beach erosion caused by the inlet. The strategies include sand bypassing through the operation of a fixed sand transfer plant and annual inlet maintenance dredging with beach placement. Project Description: This agreement includes biological and physical monitoring required under permits issued for Lake Worth Inlet and the segment of shoreline that is managed under the Beach Management Agreement. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department s Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved Scope of Work for an eligible Project item. The monitoring standards may be found at: One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. Acronyms: BMA Beach Management Agreement USACE- United States Army Corps of Engineers FWC- Florida Fish and Wildlife Conservation Commission JCP- Joint Coastal Permit For the purpose of this Attachment A, Grant Work Plan, the term Grantee and Local Sponsor will be used interchangeably. The Department and the Local Sponsor/Grantee agree that the state grant funding, not to exceed the estimated costs of the Project, are identified in Table 1 below: TABLE 1 Estimated Eligible Project Cost Task # Eligible Project Tasks State Cost Share (%) Federal Estimated Project Costs DEP Local 4.0 Monitoring 4.1 Biological Monitoring % $333, $160, Marine Turtle Monitoring % $22, $7, Biological Monitoring % $54, $18, Marine Turtle Monitoring % $24, $8, Marine Turtle Monitoring % $24, $8, TOTAL PROJECT COSTS $459, $201,

216 Changes in Project costs that increase or decrease the total funding amount shall require a formal amendment to the Agreement. TASKS and DELIVERABLES: Tasks must be completed as outlined below and in the Department-approved scope(s) of work prepared by the Local Sponsor for the Project. Deliverables listed below are to be completed by the Local Sponsor or submitted to the Department by the due date listed, in this Work Plan. The Deliverable due by dates established in this Grant Work Plan indicate the time by which a Deliverable is received. The dates do not necessarily correspond with permit required due by dates. The Local Sponsor must meet the terms of the permit for compliance. The Department shall provide review and comment/approval of each Deliverable prior to reimbursement. TASK 4.0 Monitoring Task Description: This task includes a monitoring program conducted in accordance with the requirements specified in any permits issued by State or Federal agencies. A monitoring scope of work must be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the Project area and with the Department s Regional Coastal Monitoring Program. All data and analysis will be presented in a Department-approved format per the scope of work required by paragraph 4 of this Grant Agreement. Performance Standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. The Department s Grant Manager will review the deliverables to verify that they meet the specifications in the Scope of Work and this Grant Work Plan and this task description, and that work is being performed in accordance with the Grantee s service provider contracted documents and specifications. Reimbursement requests may be submitted once a deliverable has been submitted to and approved by the Department s Project Manager, in writing. 4.1 Biological Monitoring 2014 The 2014 biological monitoring program as required in the Department Beach Management Agreement (BMA) includes hardbottom monitoring, benthic habitat mapping, and Project-specific regulatory monitoring. A benthic habitat map which includes a hardbottom habitat classification tracking table and monitoring network will be produced in Transect monitoring, sediment intercept/depth analysis, underwater video, and benthic quadrat monitoring will be conducted on newly established transects upon completion of the benthic habitat map. Deliverable A: Benthic Habitat Map (2014) with hardbottom habitat classification tracking table and monitoring network structure, as required in the BMA. Total Cost: $181, (DEPARTMENT Cost: $122,367.03). Due Date: October 17, The 2014 Biological Monitoring Reports (Final) task for Mid-Town Beach as required for Joint Coastal Permit (JCP) compliance and for Phipps Ocean Park and South End Palm Beach projects as required for USACE permit compliance will be provided. Work products include installation of permanent sediment monitoring transects (8 transects), quadrat pin installation (9 transects), sediment transect monitoring (8 transects), and preparation of Biological Monitoring Reports (Final). Deliverable B: Biological Monitoring Reports (2014) for Mid-Town Beach, Phipps Ocean Park and South End Palm Beach, as required in the BMA. Total Cost: $167, (DEPARTMENT Cost: $113,157.63). Due Date: October 17,

217 The work products for the 2014 BMA Statistical Data Analysis and Annual Report (Final) include installation of new, permanent benthic monitoring transects/stations, sediment intercept/depth analysis, underwater video, benthic quadrat monitoring, and preparation of BMA Statistical Data Analysis and Annual Report (Final). Deliverable C: BMA Statistical Data Analysis and Annual Report 2014, as required in the BMA. Total Cost: $144, (DEPARTMENT Cost: $97,653.26). Due Date: October 17, Marine Turtle Monitoring 2014 The 2014 marine turtle survey task as required by the Department Beach Management Agreement (BMA) permit will be conducted. All monitoring will be conducted per Florida Fish and Wildlife Conservation Commission (FWC) requirements including daily nesting surveys from the period of March 1 to October 15. Daily surveys will be completed by 9:00 a.m. All data is submitted to FWC in an annual spreadsheet report on nesting activity. Lighting surveys are conducted nightly and reports of noncompliant lighting are provided by the marine turtle contractor to the LOCAL SPONSOR during the turtle nesting season. Compliance enforcement is the responsibility of the LOCAL SPONSOR. Escarpment monitoring is conducted within the Project area. The monitoring contractor will notify the LOCAL SPONSOR when escarpment formations exceed the overall height and length dimensions as defined in the permit. The LOCAL SPONSOR is responsible for escarpment removal upon notification by the monitoring contractor. Upon completion of the turtle nesting surveys, the FWC-required data spreadsheets will be submitted by the licensed turtle permit holder to FWC per the conditions of the permit. The LOCAL SPONSOR is responsible for providing documentation that the data is submitted to FWC within the required timeframe of the permit. The LOCAL SPONSOR will provide this notice to the Beach Management Funding Assistance Program as the deliverable. The notice will be a copy of the letter or sent to FWC with the name of the sender, the name of the recipient, the date of transmission, and the correspondence documenting submittal of the data. Beach tilling services are conducted in support of permit-required marine turtle monitoring activities. Beach tilling services which may be performed for reasons other than those required by permit are not eligible for reimbursement under this subtask. A certification of completion provided by the LOCAL SPONSOR from a duly appointed engineer, construction manager, or project manager certifying that the work was completed per the terms of the contract will be provided as the deliverable for this work. The certification of completion must state the dates tilling was conducted and the locations as referenced by beach survey monuments. The total cost of this task as requested by the LOCAL SPONSOR is $5,300. The funds available for reimbursement are insufficient to cover the State s share. The balance of funds not paid under this subtask may be submitted under a future funding request. Deliverable A: Documentation of transmittal to FWC of the 2014 year one post-construction marine turtle surveys, as required in the BMA. Total Cost: $25,912 (DEPARTMENT Cost: $19,434). Due Date: October 17, Deliverable B: Certification of completion for 2014 tilling services, as required in the BMA. Total Cost: $4,184 (DEPARTMENT Cost: $3,138). Due Date: October 17, Biological Monitoring 2015 The permit-required biological monitoring program as specified in the Department Beach Management Agreement (BMA) includes, in part, cell-wide hardbottom delineation and baseline map development. The Proposal for the 2015 Beach Management Agreement Cell-Wide Hardbottom Monitoring and 2015 Aerial Delineation (Task 1) scope of work includes tasks for acquiring aerial photography of the nearshore hardbottom, 217

218 determination of hardbottom edge by divers (in situ), and development of a final baseline map. The progress of the work will be managed during BMA coordination meetings with the LOCAL SPONSOR, consultants, and the Department. The state appropriation is not sufficient to cover the total eligible cost. The total eligible cost for this work is $80,195 and is partially provided in the subtask below. The remaining state cost share may be included upon approval of a future funding request. Deliverable A: Submittal of the 2015 BMA final baseline map delineating the cell-wide hardbottom edge, as required in the BMA. Total Cost: $72,000 (DEPARTMENT Cost: $54,000). Due Date: October 17, Marine Turtle Monitoring 2015 The 2015 marine turtle survey task as required by the BMA permit will be conducted. All monitoring will be conducted per FWC requirements including daily nesting surveys from the period of March 1 to October 15. Daily surveys will be completed by 9:00 a.m. All data is submitted to FWC in an annual spreadsheet report on nesting activity. Lighting surveys are conducted nightly and reports of noncompliant lighting are provided by the marine turtle contractor to the LOCAL SPONSOR during the turtle nesting season. Compliance enforcement is the responsibility of the LOCAL SPONSOR. Escarpment monitoring is conducted within the PROJECT area. The monitoring contractor will notify the LOCAL SPONSOR when escarpment formations exceed the overall height and length dimensions as defined in the permit. The LOCAL SPONSOR is responsible for escarpment removal upon notification by the monitoring contractor. Upon completion of the turtle nesting surveys, the FWC-required data spreadsheets will be submitted by the licensed turtle permit holder to FWC per the conditions of the permit. The LOCAL SPONSOR is responsible for providing documentation that the data is submitted to FWC within the required timeframe of the permit. The LOCAL SPONSOR will provide notice to the Beach Management Funding Assistance Program. The notice will be a copy of the letter or sent to FWC with the name of the sender, the name of the recipient, the date of transmission, and the correspondence documenting submittal of the data. Beach tilling services are conducted in support of permit-required marine turtle monitoring activities. Beach tilling services which may be performed for reasons other than those required by permit are not eligible for reimbursement under this subtask. A certification of completion provided by the LOCAL SPONSOR from a duly appointed engineer, construction manager, or project manager certifying that the work was completed per the terms of the contract will be provided as the deliverable for this work. The certification of completion must state the dates of beach tilling and the locations as referenced by beach survey monuments. Deliverable A: Documentation of transmittal to FWC of the 2015 post-construction marine turtle surveys, as required in the BMA. Total Cost: $31,112 (DEPARTMENT Cost: $23,334). Due Date: October 17, Deliverable B: Certification of completion for 2015 tilling services, as required in the BMA. Total Cost: $1,800 (DEPARTMENT Cost: $1,350). Due Date: October 17, Marine Turtle Monitoring 2016 The 2016 marine turtle survey task as required by the BMA permit will be conducted. All monitoring will be conducted per FWC requirements including daily nesting surveys from the period of March 1 to October 15. Daily surveys will be completed by 9:00 a.m. All data is submitted to FWC in an annual spreadsheet report on nesting activity. Lighting surveys are conducted nightly and reports of noncompliant lighting are provided by the marine turtle contractor to the LOCAL SPONSOR during the turtle nesting season. Compliance enforcement 218

219 is the responsibility of the LOCAL SPONSOR. Escarpment monitoring is conducted within the PROJECT area. The monitoring contractor will notify the LOCAL SPONSOR when escarpment formations exceed the overall height and length dimensions as defined in the permit. The LOCAL SPONSOR is responsible for escarpment removal upon notification by the monitoring contractor. Upon completion of the turtle nesting surveys, the FWC-required data spreadsheets will be submitted by the licensed turtle permit holder to FWC per the conditions of the permit. The LOCAL SPONSOR is responsible for providing documentation that the data is submitted to FWC within the required timeframe of the permit. The LOCAL SPONSOR will provide notice to the Beach Management Funding Assistance Program. The notice will be a copy of the letter or sent to FWC with the name of the sender, the name of the recipient, the date of transmission, and the correspondence documenting submittal of the data. Beach tilling services are conducted in support of permit-required marine turtle monitoring activities. Beach tilling services which may be performed for reasons other than those required by permit are not eligible for reimbursement under this subtask. A certification of completion provided by the LOCAL SPONSOR from a duly appointed engineer, construction manager, or project manager certifying that the work was completed per the terms of the contract will be provided as the deliverable for this work. The certification of completion must state the dates of beach tilling and the locations as referenced by beach survey monuments. Deliverable A: Documentation of transmittal to FWC of the 2016 post-construction marine turtle surveys, as required in the BMA. Total Cost: $31,112 (DEPARTMENT Cost: $23,334). Due Date: October 17, Deliverable B: Certification of completion for 2016 tilling services, as required in the BMA. Total Cost: $1,800 (DEPARTMENT Cost: $1,350). Due Date: October 17, NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received. The dates do not necessarily correspond with permit required due dates. The LOCAL SPONSOR must meet the terms of the permit for compliance. All Tasks Are Contractual Services. 219

220 Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section , Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section , Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: 220

221 ATTACHMENT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART I PAYMENT SUMMARY NAME OF PROJECT: Lake Worth Inlet Management Plan Implementation LOCAL SPONSOR: Town of Palm Beach REMITTANCE ADDRESS: DEP Agreement Number: 14PB7 Billing Number: Billing Type: Interim Billing Final Billing Costs Incurred This Payment Request: Federal Share* $ *if applicable Cost Summary: State Share $ Local Share $ Total $ State Funds Obligated $ Less Advance Pay $ Less Previous Payment $ Less Previous Retained $ Less This Payment $ Local Funds Obligated $ Less Advance Pay $ Less Previous Credits $ Less This Credit $ Local Funds Remaining $ Less This Retainage (10%) $ State Funds Remaining $ 221

222 Retainage Payment (12) Withheld Retainage (13) State Payment (14) - - $ Totals FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART II Name of Project: Billing Period (1): Billing Number: Person Completing Form & Telephone Number (2): DEP Agreement Number: REIMBURSEMENT DETAIL Item # Vendor Name Invoice Number Invoice Date Check Number Deliverable Number (3) Invoice Amount(4) Eligible Cost (5) % Fed Share (6) Federal Share of Invoice Amount (7)** Non- Federal Share (8) % State Share (9) State Share (10) Local Share (11) Total Due to Local Sponsor (15) Form Instructions: 1. Billing Period: Should reflect Invoice services performed date. (beginning date - earliest date of services, end date - latest date of services performed). 2. Person responsible for completing this form: Please identify the person responsible for completing information if clarification is needed. 3. Deliverable #: Must identify completed deliverable(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable. 4. Invoice Amount 5. Eligible Cost: Invoice amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only. 6. % Federal Share: If applicable this should be the percentage listed in Agreement. Federal Share will be listed on Table 1 if applicable. 7. Federal Share: If applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage. 8. Non-Federal Share: Eligible Cost (5) minus Federal Share of Invoiced Amount (7). 9. Percentage of State Share: This should be the State Share Percentage listed in Agreement. 10. State Share: Multiply Non-Federal Share by State Share Percentage. 11. Local Share: Subtract State Share from Non-Federal Share. 12. Retainage Payment: Requires separate line for each completed Task, Sub-Task and or Deliverable that retainage is being requested. 13. Withheld Retainage: Multiply State Share by 10%. 14. State Payment: Subtract Retainage from State Share. 15. Total Due to Local Sponsor: Add Retainage Payment Total (12) to State Payment Total (14). Notes: For questions or concerns regarding this form please contact: Janice Simmons - (850) or at Janice.L.Simmons@dep.state.fl.us 222

223 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART III PROJECT PROGRESS REPORT NAME OF PROJECT: Lake Worth Inlet Management Plan Implementation LOCAL SPONSOR: Town of Palm Beach DEP Agreement Number: 14PB7 Billing Number: Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 4.0 MONITORING 4.1 Biological Monitoring Marine Turtle Monitoring Biological Monitoring Marine Turtle Monitoring

224 4.5 Marine Turtle Monitoring

225 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT PART IV NAME OF PROJECT: Lake Worth Inlet Management Plan Implementation LOCAL SPONSOR: Town of Palm Beach DEP Agreement Number: 14PB7 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program s approved PROJECT Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the PROJECT described in the grant work plan. I certify that the purchases noted were used in accomplishing the PROJECT; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date 225

226 ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION NAME OF PROJECT: Lake Worth Inlet Management Plan LOCAL SPONSOR: Town of Palm Beach DEP Agreement Number: 14PB7 Task Completion (List Task) Project Completion *I hereby certify that the above mentioned PROJECT task has been completed in accordance with the PROJECT Agreement, including any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the PROJECT were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date 226

227 ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section , F.S., as revised (see AUDITS below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at 227

228 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section (2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or projectspecific audit for such fiscal year in accordance with Section , Florida Statutes; applicable rules of the Department of Financial Services; and Chapters (local governmental entities) or (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section (7), Florida Statutes. This includes submission of a financial reporting package as defined by Section (2), Florida Statutes, and Chapters (local governmental entities) or (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section , Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section , Florida Statutes, the cost of the audit must be paid from the non-state entity s resources (i.e., the cost of such an audit must be paid from the recipient s resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at State of Florida s website at Department of Financial Services Website at and the Auditor General's Website at PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section (8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section , Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section.320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: 228

229 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS Commonwealth Boulevard Tallahassee, Florida Electronically: B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections.320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse s Internet Data Entry System which can be found at C. Other Federal agencies and pass-through entities in accordance with Sections.320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section.320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section.320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS Commonwealth Boulevard Tallahassee, Florida Electronically: FDEPSingleAudit@dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS Commonwealth Boulevard Tallahassee, Florida

230 Electronically: B. The Auditor General s Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS Commonwealth Boulevard Tallahassee, Florida Electronically: FDEPSingleAudit@dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters (local governmental entities) or (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters (local governmental entities) or (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 230

231 State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category EXHIBIT 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section , F.S.: State Program Number Original Agreement Amendment #1 Amendment #2 Amendment #4 Funding Source Ecosystem Management and Restoration Trust Fund, Chapter 81, L.O.F. GAA Line Item # 1695 General Revenue, Chapter , L.O.F.; GAA Line Item # 1626 General Revenue Chapter , L.O.F.; GAA Line Item # 1653 General Revenue Chapter , L.O.F.; GAA Line Item # 1647 State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount Beach Management Funding Assistance Program Beach Management Funding Assistance Program Beach Management Funding Assistance Program Beach Management Funding Assistance Program Total Award $459, State Appropriation Category $333, $22, $54, $49, For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [ and/or the Florida Catalog of State Financial Assistance (CSFA) [ The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. BGS-DEP DEP Agreement No. 14PB7, Amendment No. 4, Attachment E, Page 5 of 5

232 TOWN OF PALM BEACH Town Council Meeting on: November 8, 2016 Section of Agenda Ordinances - Second Reading Agenda Title ORDINANCE NO An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 18, Buildings And Building Regulations: At Section , Preliminary Sketch; Site Plan; Final Plan, Subsection (B), By Clarifying That Architectural Commission Applications Shall Be Made On A Standard Town Form, That Major Projects And Minor Projects With Notice Applications Must Be Submitted At Least 35 Days In Advance Of The Architectural Commission Meeting, That Revisions To Certain Applications Must Be Submitted At Least 15 Days In Advance Of The Architectural Meeting, And Correcting Cross-Reference Section Numbers; At Subsection (C) By Clarifying That Architectural Commission Applications Shall Be Made On A Standard Town Form, That Minor Projects With No Notice Must Be Submitted At Least 15 Days In Advance Of The Architectural Commission Meeting, And Correcting Cross-Reference Section Numbers; At Section , Notice; Photographs, Subsection (2) And (3), By Requiring That A Graphic Depiction Showing A Building And Landscaping Elevation Of Each Major Project And Minor Project With Notice Be Included In The Notice, Requiring That Notices Be Mailed To Nearby Property Owners At Least 30 Days In Advance Of The Architectural Commission Meeting, Requiring Applicants To Provide An Affidavit Verifying Compliance With Notice Provisions; And That Digitized Color Photographs Measure At Least 4 X 6 ; And At Section , Referral Of Plans To Commission, Requiring That The Architectural Commission Shall Act On Applications Within 40 Days Of Filing Deadlines; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. Presenter John S. Page, Director of Planning, Zoning & Building ATTACHMENTS: Description Memorandum dated October 28, 2016, from John S. Page, Director of 232

233 Planning, Building and Zoning Ordinance No Ord 19 Photo From Nixon Griffis 233

234 TOWN OF PALM BEACH Information for Town Council Meeting on: November 8, 2016 To: Mayor and Town Council Via: Thomas G. Bradford, Town Manager From: John S. Page, Director of Planning, Zoning & Building Re: Proposed Amendments to Chapter 18 (Buildings and Building Regulations) ARCOM Processing Requirements Ordinance No Date: October 28, 2016 STAFF RECOMMENDATION Staff recommends that attached Ordinance No be adopted, therein incorporating amended ARCOM application processing changes as recommended by the Ordinance, Rules & Standards (ORS) Committee, and considered as part of the ORS Report provided to the Town Council on September 13, GENERAL INFORMATION Residents Julie Araskog and John Dotterer, concerned about the changing character of the Island s north end caused by demolition of modest sized homes being replaced with new, larger homes, began a public awareness process earlier this year drawing attention to this issue. Much of the ensuing community discussion has focused on the Town s Architectural Commission. The result of this evolving conversation, after months of conversation involving North End residents, ARCOM members, ORS Committee members, Town Staff, and Town Council, has been to devise improved methods to keep residents informed of pending ARCOM applications. With input from all these sources, staff has summarized all of the related Ordinance and/or policy changes that are proposed (See Exhibit A). Also attached is an aerial photograph depicting notice alternatives and the related ordinance. Attachments cc: John C. Randolph, Town Attorney Planning & Zoning Commissioners ARCOM Members Julie Araskog John Dotterer 234

235 EXHIBIT A Amendments/clarifications to Chapter 18 (attached) are summarized as: Major ARCOM applications must be submitted at least 35 days in advance of meeting (30 days now required). Revisions to pending/deferred ARCOM projects must be submitted at least 15 days in advance of meeting (7 days now required). Project notices must be mailed at least 30 days in advance of meeting (15 days now required). Note: Each applicant will be responsible for complying with mailout notice requirements, and thereafter documenting compliance. Staff will check the accuracy of each application and notice in advance of mailout to ensure correctness (thus requiring some degree of coordination between each applicant and PZB staff). Although major application submittal materials, including notices to be mailed, will be due 35 days in advance of meeting, and it is expected that all notices will be mailed within a few days thereafter, it should be noted that the amount of staff time spent collecting, reviewing, posting, and otherwise organizing each monthly batch of new applications (sometimes reaching 30 or higher) can be daunting. Competing time demands, holidays, and/or staff shortages sometimes occur. The 35-day submittal requirement coupled with a 30-day notice requirement, should provide staff with the needed buffer to meet these time deadlines. It is intended that each application contain photographs, at least 4 x 6 of adjacent facades within 200 feet from the proposed construction. The Code presently requires that applicants must provide digitized color photographs of adjacent structures within 200, yet no minimum size is specified because digital photos can be enlarged or minimized when shown in electronic format. Staff sees no purpose in amending the Code, yet the ARCOM application will be amended to require these photos to be at least 4 x 6 for ease of viewing by the public. Photos are typically reduced to thumbnail size on project mini-plan sets prepared as a hard-copy aid for ARCOM members. That practice has led to some confusion about Town requirements. ARCOM processing changes (not required by Code) are summarized as follows: It will be standard policy for Town Staff to post all pending ARCOM projects, including major revisions, on the Town s digital website, thereby allowing interested citizens to access digital plans from any remote location. This policy is now operational. Notices mailed to nearby owners will contain directions for accessing digital plans on the Town s website. Notices for the upcoming October ARCOM meeting have already been prepared and/or mailed. This change will become operational for the November Agenda items. 235

236 Notices mailed to nearby owners will contain instructions on signing up for alerts informing them of newly submitted ARCOM applications. Notices for the upcoming October ARCOM meeting have already been prepared and/or mailed. This change will become operational for the November Agenda items. Some Town residents have already signed up. Notices will be enhanced to also include a single page graphic depiction showing a building and landscaping elevation of the intended project. Applicants will be required to do so following Ordinance amendment approval. Project revisions, as they occur, will be posted online. Note: Staff does not believe that applications that are deferred for changes (sometimes minor), should be subject to new mailout notices. Some projects are deferred repeatedly. Requiring new mailouts with each deferral would be cumbersome. Potential changes not recommended by Staff: ORS asked Staff to investigate the possibility of increasing the required notice from 250 (existing Code) to an indefinite, larger number. Follow-up Staff research included obtaining ed responses from other communities in Palm Beach County; making personal contact with Lake Forest, IL, Southhampton, NY, and Nantucket, MA, and estimating how successive 50 radius increases would alter the number of required notices. Our results proved that the vast majority of other communities in Palm Beach County, when an architectural review process even exists, have no notice requirements. Notices, when required, often pertain to zoning applications rather than architectural reviews (thus producing a skewed apples to oranges comparison). Lake Forest, a community with a predominance of large lots, does have an architectural notice reaching out 1,320, but no more than three lots deep (very comparable to the results obtained by our 250 requirement). Nantucket notices apply only to immediately abutting owners. Lastly, the attached typical north end neighborhood aerial photo (Exhibit C) with expanding concentric circles extending from 250, 300, 350, 400, 450, and 500 speaks volumes. In this example, the existing 250 radius captures approximately 32 lots/owners (a healthy number). The 350 radius captures approximately 45 homes, while the 500 radius captures approximately 79 homes up to three streets away. Our local standard meets or exceeds any of the other surveyed communities. Increasing the notice radius to any higher number appears unnecessary (and could inadvertently create a more cumbersome legal standing challenge for the Town). Each applicant will have the responsibility for preparing a project/meeting Notice for mailout to owners within 250 using a form supplied by the Town, and thereafter submit an Affidavit verifying compliance with this requirement. Residents sometimes claim not to have received such notices (those immediately abutting receive certified letters that sometimes go unsigned and thus non-delivered), and the seasonal nature of local residents sometimes creates mail receipt complications. It was suggested that the notice procedure being used in Westport, CT is superior to our local methodology, and staff was 236

237 directed to investigate its possible use. Staff personally contacted Westport and also visited with personnel in the local Post Office about the Westport procedure. It is this Department s determination that the Westport procedure is actually more complex, requires more intense staff processing time, and is no better than our existing system. Their practice involves the printing and manual taping of address labels on multiple sheets of paper, thereafter stamped by the local Post Office serving as proof of delivery. Our required Affidavit accomplishes the same end in more efficient fashion. 237

238 ORDINANCE NO AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS: AT SECTION , PRELIMINARY SKETCH; SITE PLAN; FINAL PLAN, SUBSECTION (b), BY CLARIFYING THAT ARCHITECTURAL COMMISSION APPLICATIONS SHALL BE MADE ON A STANDARD TOWN FORM, THAT MAJOR PROJECTS AND MINOR PROJECTS WITH NOTICE APPLICATIONS MUST BE SUBMITTED AT LEAST 35 DAYS IN ADVANCE OF THE ARCHITECTURAL COMMISSION MEETING, THAT REVISIONS TO CERTAIN APPLICATIONS MUST BE SUBMITTED AT LEAST 15 DAYS IN ADVANCE OF THE ARCHITECTURAL MEETING, AND CORRECTING CROSS-REFERENCE SECTION NUMBERS; AT SUBSECTION (c) BY CLARIFYING THAT ARCHITECTURAL COMMISSION APPLICATIONS SHALL BE MADE ON A STANDARD TOWN FORM, THAT MINOR PROJECTS WITH NO NOTICE MUST BE SUBMITTED AT LEAST 15 DAYS IN ADVANCE OF THE ARCHITECTURAL COMMISSION MEETING, AND CORRECTING CROSS-REFERENCE SECTION NUMBERS; AT SECTION , NOTICE; PHOTOGRAPHS, SUBSECTION (2) AND (3), BY REQUIRING THAT A GRAPHIC DEPICTION SHOWING A BUILDING AND LANDSCAPING ELEVATION OF EACH MAJOR PROJECT AND MINOR PROJECT WITH NOTICE BE INCLUDED IN THE NOTICE, REQUIRING THAT NOTICES BE MAILED TO NEARBY PROPERTY OWNERS AT LEAST 30 DAYS IN ADVANCE OF THE ARCHITECTURAL COMMISSION MEETING, REQUIRING APPLICANTS TO PROVIDE AN AFFIDAVIT VERIFYING COMPLIANCE WITH NOTICE PROVISIONS; AND THAT DIGITIZED COLOR PHOTOGRAPHS MEASURE AT LEAST 4 X 6 ; AND AT SECTION , REFERRAL OF PLANS TO COMMISSION, REQUIRING THAT THE ARCHITECTURAL COMMISSION SHALL ACT ON APPLICATIONS WITHIN 40 DAYS OF FILING DEADLINES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 238

239 WHEREAS, after public hearing pursuant to notice required by law, the Ordinance, Rules & Standards Committee voted to support proposed Architectural Commission procedural changes; and, WHEREAS, after recommendation from the Ordinance, Rules & Standards Committee, The Town Council directed staff to proceed forward with the adoption of revised Architectural Commission procedural changes; and, WHEREAS, after public hearing pursuant to notice required by law, the Ordinance, Rules & Standards Committee voted to support proposed Architectural Commission procedural changes; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Division 3. PROCEDURE AND REQUIREMENTS is hereby amended to read as follows: Sec Preliminary sketch; site plan; final plan. (a) Preliminary sketches of the design of a proposed structure or major alteration may be submitted to the planning, zoning and building department director or his/her designee for informal review so that an applicant may be informed of architectural commission policies prior to preparing working drawings. (b) The applicant for a building permit, when subject to the requirements of this article, shall submit an application to, and on a standard form prescribed by, the planning, zoning and building department director or his/her designee, at least 35 days prior to the next regular meeting date for those projects classified as major projects or minor projects with notice as designated within the ARCOM Project Designation Manual. Required submittal materials also include a site plan as defined by section and exterior elevations and such other data as will assist the architectural commission and the planning, zoning and building department director or his/her designee in evaluating the proposed building or structure or major alteration. Final plans and elevations shall be drawn to scale and submitted in a format as specified by the planning, zoning and building department and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will confirm to the provisions of this Code. The first sheet of each set of plans shall give the street address of the work and the name and address of the owner and the person who prepared them. The final plot plan shall confirm to section Plan revisions, if made, shall be submitted to the Town at least 15 days prior to the Architectural Commission meeting at which they will be considered. Only minor changes from those submitted may be presented and considered at that meeting. Work not thus presented may be rejected by the planning, zoning and building department director or his/her designee. Ordinance No Page 2 of 6 239

240 (c) The applicant for a building permit, when subject to the requirements of this article, shall submit an application to, and on a standard form prescribed by, the planning, zoning and building department director or his/her designee at least 15 days prior to the next regular meeting date in the case of improvements classified as minor projects-no notice within the ARCOM Project Designation Manual. Required submitted materials also include a site plan as defined by section , and exterior elevations and such other data as will assist the architectural commission and the planning, zoning and building department director or his/her designed in evaluating the proposed building or structure or minor alteration. Final plans and elevations shall be drawn to scale and submitted in a format as specified by the planning, zoning and building department and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shown in detail that it will confirm to the provisions of this Code. The first sheet of each set of plans shall give the street address of the work and the name and address of the owner and the person who prepared them. The final plot plan shall confirm to section Work not thus presented may be rejected by the planning, zoning and building department director or his/her designee. (Ord. No , 1 (Att.), ) Section 2. PROCEDURE AND REQUIREMENTS is hereby amended to read as follows: Sec Notice; photographs. An applicant for a building permit shall comply with the following: (1) The applicant whose project is classified as a major project shall provide notice on a standard form prescribed by the Town, together with a copy of the application and graphic depiction showing a building and landscaping elevation of the intended project, by mail to property owners within a 250-foot radius of the subject property, the cost of which shall be borne solely by the applicant. Such notice shall be sent to the nearby property owners at least 30 days prior to the scheduled meeting. Applicant shall sign and submit a Notice Affidavit to the Town verifying compliance with this Section. (2) The applicant whose project is classified as a minor project-with notice shall provide notice to owners of the adjacent properties which share, or would share but for an intervening right of way, a contiguous border with the subject property, the cost of which shall be borne solely by the applicant. Such notice shall be sent at least 30 days prior to the scheduled meeting. (3) The applicant shall provide digitized color photographs of the facades facing public or private way (alleys not included) of the adjacent buildings or structures 200 feet in either direction from the proposed construction on both sides of the public or private way (alleys not included). Photos shall measure at least 4 x 6. (Ord. No , 1(Att.), ) Ordinance No Page 3 of 6 240

241 Section 3. PROCEDURE AND REQUIREMENTS is hereby amended to read as follows: Sec Referral of plans to commission. (a) The planning, zoning and building department director shall refer the plans required by section to the architectural commission at its next regular meeting provided plans have been submitted in accordance with application submittal deadlines. If such meeting is not scheduled within the period set for commission action, a special meeting shall be called. The commission shall act on the application within 40 days of the filing deadline first occurring after the filing of full and complete data unless an extension of time is consented to by the applicant. The applicant s approval will expire 12 months from the date of the meeting at which the decision was rendered, unless a building permit has been obtained. If the building permit expires or is voided, or if a building permit has not been issued within 12 months from the date of approval the commission approval becomes void also. In the event such approval becomes void, an application for approval shall be required in the same form and manner as if submitted as a new project. (b) A time extension from any of the requirements in subsection (a) may be granted or denied by the architectural commission for just cause. Said time extension request shall be submitted in writing to the planning, zoning and building department at least two weeks prior to an architectural commission meeting occurring prior to the expiration date, or said approval shall expire. (c) If the application is denied, an application in substantially the same form may not be submitted until 12 months has elapsed from the date of denial. (d) Determinations of the architectural commission shall be rendered in writing. (Ord. No , 1(Att.), ) Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 5. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 6. Codification. Ordinance No Page 4 of 6 241

242 This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 7. Effective Date. This Ordinance shall take effect 31 days subsequent to its passage on second and final reading. Ordinance No Page 5 of 6 242

243 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 13 th day of October, 2016, and for second and final reading on this day of November, Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President Richard M. Kleid, Council President Pro Tem Danielle H. Moore, Town Council Member ATTEST: Bobbie Lindsay, Town Council Member Susan A. Owens, MMC, Town Clerk Margaret A. Zeidman, Town Council Member Ordinance No Page 6 of 6 243

244 NOTICE REQUIREMENTS: FEET 244