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

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1 TOWN OF PALM BEACH Town Manager s Office TOWN COUNCIL MEETING TENTATIVE - SUBJECT TO REVISION TOWN HALL COUNCIL CHAMBERS-SECOND FLOOR 360 SOUTH COUNTY ROAD AGENDA TUESDAY, MAY 8, :30 AM For information regarding procedures for monitoring or participating in Town Council Meetings, please refer to the end of this agenda. I. CALL TO ORDER AND ROLL CALL Mayor Gail L. Coniglio David A. Rosow, President Robert N. Wildrick, President Pro Tem William J. Diamond Richard M. Kleid Michael J. Pucillo II. III. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS A. Recognition of Rachel Lorentzen, Landmarks Preservation Commission, From October 2010 Through March B. Recognition of Wallace Rogers, Landmarks Preservation Commission, From March 2007 Through March Post Office Box 2029 * 360 South County Road * Palm Beach, Florida Telephone (561) * Facsimile (561) * townmanager@townofpalmbeach.com

2 IV. COMMENTS OF MAYOR GAIL L. CONIGLIO V. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER VI. VII. VIII. COMMUNICATIONS FROM CITIZENS 3 MINUTE LIMIT PLEASE (Another opportunity for communications from citizens will be offered immediately after the lunch break.) APPROVAL OF AGENDA CONSENT AGENDA A. MINUTES: APRIL 10, 2012 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING B. MINUTES: APRIL 11, 2012 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING C. MINUTES: APRIL 11, 2012 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING CLOSED DOOR SESSION TOWN OF PALM BEACH VS 332 S. COUNTY ROAD LLC. D. MINUTES: APRIL 12, 2012 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING REGARDING LONG TERM FINANCIAL PLAN E. MINUTES: APRIL 24, 2012 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING REGARDING PENSION ORDINANCE F. APPROVAL OF MAJOR MATTERS CONSIDERED BY THE ARCHITECTURAL COMMISSION AT ITS MEETING ON APRIL 25, G. RESOLUTIONS 1. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Mayor to Execute a Resolution Supporting a Florida Inland Navigation District Waterways Assistance Program Grant Application. [H. Paul Brazil, Director of Public Works] 5/8/12, Town Council Meeting 2

3 2. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Applied Technology & Management, Inc. for the Permit Required and Townwide 2012 Annual Physical Monitoring, for the Amount of $113,036, and Establishing a Project Budget of $120,000. [H. Paul Brazil, Director of Public Works] 3. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Kimley-Horn and Associates, Inc. in the Amount of $33,725 for Groundwater Monitoring, Establishing a Monitoring Phase Budget of $38,000 for Said Groundwater Monitoring, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Project. [H. Paul Brazil, Director of Public Works] 4. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Marina Utilities in the Amount of $124,600 for the Fire Line Replacement for the Australian and Brazilian Docks, Establishing a Construction Phase Budget of $137,000 for Said Services, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. [H. Paul Brazil, Director of Public Works] 5. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding A Contract to Johnson-Davis, Inc. in the Amount of $539,875 for the Gravity Sanitary Sewer and Stormwater Corrugated Pipe Replacement, Establishing A Construction Phase Budget of $594,000 for Said Services, and Authorizing the Town Manager To Take Actions Necessary to Complete Said Improvements. [H. Paul Brazil, Director of Public Works] 6. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Mock Roos and Associates, Inc., in the Amount of $13,762 for the Stormwater Corrugated Pipe Replacement Engineering and Inspection Services, Establishing a Budget of $15,150 for Said Services, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. [H. Paul Brazil, Director of Public Works] 5/8/12, Town Council Meeting 3

4 7. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Corzo, Castella, Carballo, Thompson and Salman, in the Amount of $14, for Gravity Sanitary Sewer Replacement Engineering and Inspection Services, Establishing a Budget of $15,625 for Said Services, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. [H. Paul Brazil, Director of Public Works] 8. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Corzo, Castella, Carballo, Thompson and Salman, in the Amount of $54,500 for the Ejector Station Force Main and Air Line Replacement Project, Establishing a Design and Bid Phase Budget of $60,000 for Said Improvements, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. [H. Paul Brazil, Director of Public Works] 9. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending Exhibit B (Sketch & Legal Description) of Town Council Resolution No so as to Fully Delineate the Entirety of the Parcels to Be Assessed Within the Via Fontana Underground Utilities Assessment Area; Providing for the Mailing of this Resolution; and Providing an Effective Date. [Thomas G. Bradford, Deputy Town Manager] 10. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Tetra Tech, Inc. for Permit Required Annual 2012 Post-Construction Phipps Ocean Park Biological Monitoring Services for the Town of Palm Beach, in the Amount of $47, and Establishing a Project Budget of $53,000. [H. Paul Brazil, Director of Public Works] 11. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Tetra Tech, Inc. for Mid-Town Project Mitigation and Monitoring Plan Services for the Town of Palm Beach, in the Amount of $73, and Establishing a Project Budget of $85,000. [H. Paul Brazil, Director of Public Works] 5/8/12, Town Council Meeting 4

5 H. OTHER 1. Approval of Public Works Committee Report for the Committee s Meeting on March 6, [Michael J. Pucillo, Town Council Member] 2. Rejection of All Bids for Construction of Public Restrooms at Mid- Town Beach. [H. Paul Brazil, Director of Public Works] 3. Authorization to Pursue Permitting for Sand Transfer Plant Phase II (Extension of Pipeline) via the Beach Management Agreement Rather than the Joint Coastal Permit Process. [H. Paul Brazil, Director of Public Works] 4. Authorization to Proceed with Firefighter Recruitment. [Kirk Blouin, Director of Public Safety] 5. Authorization to Hire Equipment Operator II/Sanitation. [H. Paul Brazil, Director of Public Works] 6. Authorization to Hire Parks Laborer. [H. Paul Brazil, Director of Public Works] 7. Approval of Request for a Special Non-Ad Valorem Assessment Area for the Proposed Peruvian Avenue 400 Block Streetscape Project. [Thomas G. Bradford, Deputy Town Manager] 8. Authorization for a Town Contribution of $10,000 to the City of West Palm Beach for the Fireworks Display at the City s Fourth on Flagler Event. [Peter B. Elwell, Town Manager] IX. BOARD/COMMISSION ANNUAL REPORT A. Code Enforcement Board. [Timothy Hoffman, Chair and Kirk Blouin, Director of Public Safety] X. REGULAR AGENDA A. Old Business 1. Parking Matters a. Temple Emanu-El and Nearby Residents. [Kirk Blouin, Director of Public Safety] 5/8/12, Town Council Meeting 5

6 B. New Business b. Escalating Fines for Repeat Parking Violations. [Thomas G. Bradford, Deputy Town Manager] 1. Consideration of Scheduling an Attorney/Client Session Regarding Town of Palm Beach vs United States of America, Civil Action No L, in the United States Court of Federal Claims, to Discuss this Matter to Begin Immediately Following this Regular Town Council Meeting in the Town Council Chambers, 360 South County Road, Palm Beach, Florida. Attorney/Client Session Attendees: Mayor Gail L. Coniglio; Town Council Members David A. Rosow, Robert N. Wildrick, William J. Diamond, Richard M. Kleid, Michael J. Pucillo; Town Manager Peter B. Elwell; Attorney Jerry Stouck; Attorney John C. Randolph; and Court Reporter from Ley & Marsaa Court Reporters, Inc. [John C. Randolph, Town Attorney] 2. Consideration of Scheduling an Attorney/Client Session Regarding Town of Palm Beach vs 332 South County Road LLC, in the District Court of Appeal, State of Florida, Fourth District Case No. 4D Discussion of this Matter to Begin Immediately Following this Regular Town Council Meeting in the Town Council Chambers, 360 South County Road, Palm Beach, Florida. Attorney/Client Session Attendees: Mayor Gail L. Coniglio; Town Council Members David A. Rosow, Robert N. Wildrick, William J. Diamond, Richard M. Kleid, Michael J. Pucillo; Town Manager Peter B. Elwell; Attorney John C. Randolph and Attorney Rebecca Mercier Vargas; and Court Reporter from Ley & Marsaa Court Reporters, Inc. [John C. Randolph, Town Attorney] 3. Consideration of Scheduling an Attorney/Client Session Regarding Town of Palm Beach vs Lawrence S. Rule, Jr., Laura Rule, M&I Bank, FSB; and R.J.S. Electric, Inc., d/b/a Electric Connection, in the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida Case No CA005662XXXXMBAO. Discussion of this Matter to Begin Immediately Following this Regular Town Council Meeting in the Town Council Chambers, 360 South County Road, Palm Beach, Florida. Attorney/Client Session Attendees: Mayor Gail L. Coniglio; Town Council Members David A. Rosow, Robert N. Wildrick, William J. Diamond, Richard M. Kleid, Michael J. Pucillo; Town Manager Peter B. Elwell; Attorney John C. Randolph; and Court Reporter from Ley & Marsaa Court Reporters, Inc. [John C. Randolph, Town Attorney] 5/8/12, Town Council Meeting 6

7 4. Consideration of Scheduling an Attorney/Client Session Regarding Town of Palm Beach vs Mortgage Electronic Registration Systems, Inc., a Delaware Corporation, Acting Solely as Nominee for Countrywide Bank, N.A.; Bank of America, N.A., f/k/a Countrywide Bank, FSB; and Bac Home Loans Servicing, L.P. f/k/a Countrywide Home Loan Servicing, L.P., in the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida Case No CA014981XXXXMBAF. Discussion of this Matter to Begin Immediately Following this Regular Town Council Meeting in the Town Council Chambers, 360 South County Road, Palm Beach, Florida. Attorney/Client Session Attendees: Mayor Gail L. Coniglio; Town Council Members David A. Rosow, Robert N. Wildrick, William J. Diamond, Richard M. Kleid, Michael J. Pucillo; Town Manager Peter B. Elwell; Attorney John C. Randolph; and Court Reporter from Ley & Marsaa Court Reporters, Inc. [John C. Randolph, Town Attorney] 5. Proposed Donation of a Water Fountain with Dog Bar on Lake Trail. [H. Paul Brazil, Director of Public Works] 6. Request for Extended Work Hours During Construction of Pump Station S-2 Inline Booster Station. [H. Paul Brazil, Director of Public Works] 7. Florida Power and Light Request for Road Closure at 111 Seaview Avenue. [H. Paul Brazil, Director of Public Works] 8. Request for Road Closures for Public Works Projects. [H. Paul Brazil, Director of Public Works] 9. Proposed Taxi Cab Permit Moratorium. [John C. Randolph, Town Attorney] 10. Determination Regarding Eligibility to Receive Deferred Retirement Option Program (DROP) Benefits from the Police Officers Pension Fund While Serving as a Civilian Employee. [John C. Randolph, Town Attorney] 11. Rescheduling Town Council Meetings Currently Scheduled for June and November [Peter B. Elwell, Town Manager] XI. ORDINANCES A. Second Reading None 5/8/12, Town Council Meeting 7

8 B. First Reading None XII. XIII. ANY OTHER MATTERS ADJOURNMENT 5/8/12, Town Council Meeting 8

9 PLEASE TAKE NOTE: No written materials received after 5:00 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 5:00 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 ( and selecting Your Government and then selecting Live Meeting Audio. 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 under Agendas, Minutes, and Audio. 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. A summary of the actions taken at Town Council meetings can be viewed on the Town s website after 5 p.m. on the Friday following the Town Council meeting. 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. 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. 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. 5/8/12, Town Council Meeting 9

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12 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent Agenda Agenda Title MINUTES: APRIL 10, 2012 APPROVAL OF THE MINUTES OF THE REGULAR TOWN COUNCIL MEETING Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the Town Council Meeting Held on April 10, 2012

13 MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 10, I. CALL TO ORDER AND ROLL CALL The Regular Town Council meeting was called to order on Tuesday, April 10, 2012, at 9:30 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 Rosow led the Pledge of Allegiance. III. PRESENTATIONS A. Recognition of Jeffery W. Smith, Architectural Commission, From March 2005 Through March Mayor Coniglio recognized Mr. Smith for his service on the Architectural Commission. B. Recognition of William O. Cooley, Landmarks Preservation Commission, From March 2009 Through March Mayor Coniglio recognized Mr. Cooley for his service on the Landmarks Preservation Commission. C. Recognition of D. Imogene Willis, Landmarks Preservation Commission, From March 2006 Through March Ms. Willis could not attend the meeting; but, Mayor Coniglio recognized her for her service on the Landmarks Preservation Commission. D. Recognition of Sergio de Araujo, Firefighter Retirement Board, From October 2008, to March Mayor Coniglio recognized Mr. de Araujo for his service on the Firefighter Retirement Board.

14 MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 10, E. Recognition of Michael Hays, Firefighter Retirement Board, From October 2004 Through March Mr. Hayes could not attend the meeting; but, Mayor Coniglio recognized him for his service on the Firefighter Retirement Board. Mayor Coniglio also recognized the following for their service: Jim Karman-Chair, General Employees Retirement Board Spencer Wilson, General Employees Retirement Board Chris Proscia, Police Officers Retirement Board F. Presentations by Applicants for Code Enforcement Board. Town Manager Elwell announced that Richard Raffo had withdrawn his application; therefore, no ballots are necessary as there are 4 applicants and 4 seats open. The following applicants provided presentations to the Town Council: James Valentine Tony Dowell Larry Ochstein Cynthia Van Buren G. Presentations by Applicants for Investment Advisory Committee. Town Manager Elwell announced that no ballots are necessary as there are 2 applicants and 2 seats open. The following applicant provided a presentation to the Town Council: Bernard Panfel H. Presentations by Applicants for Recreation Advisory Commission. The following applicants provided presentations to the Town Council: Dr. G. Ellen Howe Daniel McDonnell IV. COMMENTS OF MAYOR GAIL L. CONIGLIO None V. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER Council Member Kleid requested a moment of remembrance for the passing of Herb Lee, who gave a lot to this community TC Mtg. / Page 2 of 11

15 MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 10, Council Member Kleid spoke regarding the detour at the south end of the Town, and stated that, so far, it does not seem to be a problem. Council President Rosow reported that the dredging project at the inlet was going better than he expected; and, that the Army Corp of Engineers is putting the sand where it is needed the most, close to the shore. Council President Rosow congratulated the Mayor for her cooperative efforts with the Florida Department of Environmental Protection and the South Florida Water Management District. VI. COMMUNICATIONS FROM CITIZENS Clerk s Note: The following discussion was held during Item No. IX.A. (ARCOM Annual Report) Joanne Warshaver, 223 Seminole Avenue, spoke regarding the parking problems and parking enforcement on Seminole Avenue. Major Rick Howe, Police Department, responded by stating that it is common practice to relax parking enforcement for religious institutions during services; however, permit parking is still enforced. Tony Lambert, President of Temple Emanu-el, spoke in support of the Temple s parking and valet activities. He stated that the Temple will be conducting informational sessions for the residents and its members regarding the parking issues and future usage of the property. Council President Rosow asked that the Town consider revoking the Temple s valet parking permit if the valet company parks any vehicles in residential permit parking spaces. Staff was directed to look into the possibility of increasing parking ticket fines for owners that are continually cited. The Police Department was directed to attend any meetings between Temple Emanu-El and the residents of Seminole Avenue to hear the complaints, and to report back with possible solutions. Staff was directed to place the Seminole Avenue parking issue on the May 8, 2012, Council meeting agenda for further consideration. Marlene Silver, 125 Seminole Avenue, spoke regarding the condition of the walking trail on the north end of the island. VII. APPROVAL OF AGENDA TC Mtg. / Page 3 of 11

16 MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 10, The following changes were made to the Agenda: DEFERRED: Item No. VIII.E.5. (PWC Report) was deferred to the May 8, 2012, Council Meeting. TIME CERTAIN: Item No. X.B.2. (Par 3 Foundation) was set for 11:00 A.M. Motion was made by Council President Pro Tem Wildrick and seconded by Council Member Kleid, to approve the Agenda, as amended above. On roll call, the motion carried unanimously. VIII. CONSENT AGENDA Motion was made by Council Member Kleid and seconded by Council Member Pucillo, to approve the Consent Agenda, as amended above. On roll call, the motion carried unanimously. A. MINUTES: MARCH 14, 2012 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING B. MINUTES: MARCH 14, 2012 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING-CLOSED-DOOR SESSION-TOWN OF PALM BEACH VS LAWRENCE S. RULE, JR., LAURA RULE, M&I BANK, FSB, AND R.J.S. ELECTRIC, INC., D/B/A ELECTRIC CONNECTION C. APPROVAL OF MAJOR MATTERS CONSIDERED BY THE ARCHITECTURAL COMMISSION AT ITS MEETING ON MARCH 28, D. RESOLUTIONS 1. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Bid Award # to Southern Computer Warehouse for the Purchase of Laptop and Desktop Computers in the Amount of $32, and Authorizing the Town Manager to Execute this Purchase on Behalf of the Town. [Thomas G. Bradford, Deputy Town Manager] 2. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving The Renewal Of The Concession Agreement For The Town Of Palm Beach Tennis Facilities Between The Town Of Palm Beach And Net Results Tennis, LLC And Authorizing The Town Manager To Execute The Same On Behalf Of The Town. [Jay Boodheshwar, Director of Recreation and TC Mtg. / Page 4 of 11

17 MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 10, Special Projects] 3. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding A Contract To Kimley-Horn & Associates, Inc., In The Amount Of $39,310 For Town Docks 2012 Improvements, Establishing A Design And Bid Phase Budget Of $43,200 For Said Improvements, And Authorizing The Town Manager To Take Actions Necessary To Complete Said Improvements. [H. Paul Brazil, Director of Public Works] 4. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding A Contract To Mock, Roos & Associates, Inc., In The Amount Of $59,919 For E-6, Bradley Park To Tangier Avenue Force Main Replacement, Establishing A Design And Bid Phase Budget Of $65,919 For Said Improvements, And Authorizing The Town Manager To Take Actions Necessary To Complete Said Improvements. [H. Paul Brazil, Director of Public Works] 5. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding A Contract To Mock, Roos & Associates, Inc., In The Amount Of $47,450 For The A-7 To Hammon Avenue Force Main Replacement Project, Establishing A Design And Bid Phase Budget Of $55,000 For Said Improvements, And Authorizing The Town Manager To Take Actions Necessary To Complete Said Improvements. [H. Paul Brazil, Director of Public Works] 6. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding A Contract To Kimley-Horn And Associates, Inc., In An Amount Not To Exceed $36,800 For The Nightingale Trail, Queen s Lane And Garden Alley Drainage Improvements Project, Establishing A Design Phase Budget Of $42,100 For Said Improvements, And Authorizing The Town Manager To Take Actions Necessary To Complete Said Improvements. [H. Paul Brazil, Director of Public Works] 7. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida Approving an Agreement with the Palm Beach County Property Appraiser for Services and Costs and Approving an Agreement with the Palm Beach County Property Appraiser and Palm Beach County Information System Services for Assignment of Computer Data, Each Agreement Being Associated with the Non-ad Valorem Assessments to Be Implemented for the Via Fontana Underground Utilities Assessment Area and Authorizing the Mayor to Execute Each Agreement on Behalf of the Town. [Thomas G. Bradford, Deputy Town Manager] TC Mtg. / Page 5 of 11

18 MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 10, E. OTHER 1. Authorization to Fill Parks and Streets Supervisor Position. [H. Paul Brazil, Director of Public Works] 2. Authorization to Fill Equipment Operator III/Sanitation Position. [H. Paul Brazil, Director of Public Works] 3. Authorization to Replace Three (3) Part-Time/No Benefits Code Enforcement Officer Positions with One (1) Full Time Code Enforcement Officer Position. [Kirk W. Blouin, Director of Public Safety] 4. Authorization to Fill Tennis Supervisor Position. [Jay Boodheshwar, Director of Recreation and Special Projects] 5. Approval of Public Works Committee Report for the Committee s Meeting on March 6, Deferred to May 8, 2012, Council meeting [Michael J. Pucillo, Town Council Member] 6. Investment Advisory Committee Appointments. [Jane Struder, Director of Finance] IX. BOARD/COMMISSION ANNUAL REPORT A. Architectural Commission. [Robert Vila, Chair, and John Page, Director of Planning, Zoning, and Building] Robert Vila, Architectural Commission Chairman, provided a summary of the Commission s Annual Report. Motion was made by Council Member Kleid and seconded by Council Member Diamond, to accept the Architectural Commission s Annual Report into the record. On roll call, the motion carried unanimously. X. REGULAR AGENDA A. Old Business - None B. New Business 1. Consideration of Scheduling an Attorney/Client Session Regarding 332 South County Road LLC vs Town of Palm Beach, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No CA XXXX MBAY. Discussion of this Matter to Begin Immediately Following the Regular Town Council Meeting on TC Mtg. / Page 6 of 11

19 MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 10, April 11, 2012, in the Town Council Chambers, 360 South County Road, Palm Beach, Florida. Attorney/Client Session Attendees: Mayor Gail L. Coniglio; Town Council Members David A. Rosow, Robert N. Wildrick, William J. Diamond, Richard M. Kleid, Michael J. Pucillo; Town Manager Peter B. Elwell; Attorney John C. Randolph and Attorney Rebecca Mercier Vargas; and Court Reporter from Ley & Marsaa Court Reporters, Inc. [John C. Randolph, Town Attorney] Motion was made by Council Member Pucillo and seconded by Council Member Kleid to approve the scheduling of the Attorney/Client Session. On roll call, the motion carried unanimously. It was noted for the record that the meeting would commence at the earlier of the end of the morning half of the April 11, 2012, meeting, or after the 2:00 p.m. time certain item later that afternoon. 2. Proposal from the Par 3 Foundation, Inc., Regarding the Clubhouse and Signage at the Par 3 Golf Course. [Jay Boodheshwar, Director of Recreation and Special Projects] Director of Recreation and Special Projects Boodheshwar provided an overview from the Par 3 Foundation s proposal. Steve Hall, 230 El Dorado Ln, provided a history of the Foundations activities regarding the Par 3 Golf Course. Raymond Floyd, 324 Plantation Dr, spoke regarding his support of the Par 3 renovation, and recognized the other donors as well. Alan Wyett, 1145 N. Lake Way, expressed his concerns about the proposal and its financing. Motion was made by Council President Pro Tem Wildrick and seconded by Council Member Diamond to approve the proposal. On roll call, the motion carried unanimously. 3. Coastal Management Items. a. FDEP s Proposed Beach Management Agreement. [Peter B. Elwell, Town Manager] Town Manager Elwell provided an overview of the Florida Department of Environmental Protection s (FDEP) proposed beach management agreement. Clerk s Note: Items X.B.3.b. (Resolution No ) and X.B.3.c. (Resolution No ) were heard in reverse order. b. RESOLUTION NO A Resolution of the Town Council TC Mtg. / Page 7 of 11

20 MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 10, of the Town of Palm Beach, Palm Beach County, Florida, Awarding A Contract To Woods Hole Group In The Amount Of $127, 711 For Comprehensive Review Of The Shore Protection Board s Long Term Coastal Management Program; Approving A Task Budget Of $150,000 For This Work; And Authorizing The Town Manager To Execute The Contract On Behalf Of The Town To Effectuate Said Coastal Engineering Services. [H. Paul Brazil, Director of Public Works] Bob Hamilton, Woods Hole Group, provided a background on the study they will be providing. Motion was made by Council Member Pucillo and seconded by Council President Pro Tem Wildrick, to approve Resolution No On roll call, the motion carried unanimously. c. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding A Contract To Coastal Planning & Engineering, Inc. (A Shaw Group Company), In The Amount Of $37,396 For Review Of The Groin Rehabilitation Plan; Approving A Task Budget Of $43,000 For This Work; And Authorizing The Town Manager To Execute A Purchase Order On Behalf Of The Town To Effectuate Said Coastal Engineering Services. [H. Paul Brazil, Director of Public Works] Motion was made by Council Member Diamond and seconded by Council Member Kleid to approve Resolution No On roll call, the motion carried unanimously. 4. Application for a Waterways Assistance Program Grant from the Florida Inland Navigation District for Planning and Design of a Lake Worth Lagoon Dredging Project. [H. Paul Brazil, Director of Public Works] Stuart Schulman, 2280 S. Ocean Dr, suggested also dredging across from Ibis Isle. Motion was made by Council Member Pucillo and seconded by Council Member Diamond to approve Application for a Waterways Assistance Program Grant from the Florida Inland Navigation District for Planning and Design of a Lake Worth Lagoon Dredging Project. On roll call, the motion carried unanimously. 5. Code Enforcement Board Appointments. [Kirk W. Blouin, Director of Public Safety] Motion was made by Council Member Diamond and seconded by Council Member Kleid, to reappoint Larry Ochstein, Cynthia Van Buren, and James B. Valentine as regular TC Mtg. / Page 8 of 11

21 MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 10, members to the Code Enforcement Board, and W. Anthony Dowell as an alternate member to the Code Enforcement Board. On roll call, the motion carried unanimously. 6. Recreation Advisory Commission Appointments. [Jay Boodheshwar, Director of Recreation and Special Projects] Motion was made by Council Member Diamond and seconded by Council Member Pucillo, to reappoint Daniel McDonnell and Timothy O Hara as regular members to the Recreation Advisory Commission, and G. Ellen Howe and Roberta Mambrino as alternate members to the Recreation Advisory Commission. On roll call, the motion carried unanimously. XI. ORDINANCES A. Second Reading - None B. First Reading 1. ORDINANCE NO An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 82 Of The Town Code Of Ordinances Relating To Personnel, At Article II, Employee Benefits, Division 2, Retirement System, Amending Subdivision I, In General, By Amending Section 82-51, General, As Amended By Ordinance No , Adopted March 13, 2012; By Amending Section 82-52, Definitions; By Amending Section 82-54, Credited Service; Loss Of Credited Service; Reinstatement Of Credited Service; By Amending Section 82-56, Benefit Groups; By Amending Section 82-59, Transfer Of Service Between Town Plans; By Amending Section 82-63, Amount Of Post-Retirement Redetermination Of Pensions; By Amending Section 82-65, Allowance Of Interest; Rates Of Interest; By Amending Section 82-66, Refund Of Member's Accumulated Contributions; By Amending Section 82-69, Administrative Expenses; By Amending Section 82-70, Assignments Prohibited; By Amending Section 82-72, Rollover Distributions; By Amending Section 82-73, Method Of Making Payments; Amending Subdivision II, Reserve Accounts, By Amending Section 82-80, Reserve For Member Contributions; By Amending Section 82-83, Reserve For Undistributed Investment Income; By Deleting Section 82-85, Plans And Assets Segregated; By Deleting Section 82-86, Chapters 175 And 185, Florida Statutes; Amending Subdivision III, Firefighters, By Deleting Section 82-90, Firefighter Board Of Trustees; By Deleting Section 82-91, Term Of Office; Oath Of Office; Vacancy; By Deleting Section 82-92, Officers, Administrative Services; By Deleting Section 82-93, Investment Limitations; By Amending Section 82-94, Retirement Age And Service Conditions; By Amending Section 82-95, Amount Of Pension; By Amending Section 82-96, Optional Forms Of Payment Of A Pension; By Deleting Section 82-97, Supplemental Pension Distributions; By Amending Section 82-98, Chapter Share Accounts; By Amending Section 82-99, Deferred Retirement Option Program; By Amending Section , Disability Retirement; By Amending Section , Continuation Subject To Re TC Mtg. / Page 9 of 11

22 MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 10, Examination; Return To Employment; Effect Of Gainful Employment; By Amending Section , Death After Retirement; Automatic Survivor Pension To Minor Children And/Or Surviving Spouse; By Amending Section , Death While An Employee Of The Town; Automatic Survivor Pension To Minor Children And/Or Spouse; By Amending Section , Elective Survivor Pension; Amending Subdivision IV, Police Officers, By Deleting Section , Police Officer Board Of Trustees; By Deleting Section , Term Of Office; Oath Of Office; Vacancy; By Deleting Section , Officers, Administrative Services; By Deleting Section , Investment Limitations; By Amending Section , Retirement Age And Service Conditions; By Amending Section , Amount Of Pension; By Amending Section , Optional Forms Of Payment Of A Pension; By Deleting Section , Supplemental Pension Distributions; By Amending Section , Deferred Retirement Option Program; By Amending Section , Disability Retirement; By Amending Section , Continuation Subject To Re-Examination; Return To Employment; Effect Of Gainful Employment; By Amending Section , Death After Retirement; Automatic Survivor Pension To Minor Children And/Or Surviving Spouse; By Amending Section , Death While An Employee Of The Town; Automatic Survivor Pension To Minor Children And/Or Spouse; By Amending Section , Elective Survivor Pension; Amending Subdivision V, General Employees And Lifeguards, By Deleting Section , General Employee Board Of Trustees; By Deleting Section , Term Of Office; Oath Of Office; Vacancy; By Deleting Section , Officers, Administrative Services; By Amending Section , Retirement Age And Service Conditions; By Amending Section , Amount Of Pension; By Amending Section , Optional Forms Of Payment Of A Pension; By Deleting Section , Supplemental Pension Distributions; By Amending Section , Deferred Retirement Option Program; By Amending Section , Disability Retirement; By Amending Section , Death After Retirement; Automatic Survivor Pension To Minor Children And/Or Surviving Spouse; By Amending Section , Death While An Employee Of The Town; Automatic Survivor Pension To Minor Children And/Or Spouse; Amending Section , Elective Survivor Pension; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. [Peter B. Elwell, Town Manager] Motion was made by Council Member Diamond and seconded by Council Member Kleid, to approve Ordinance No , on first reading. On roll call, the motion carried unanimously. Council President Rosow stated for the record that second reading of this ordinance will be held in a special Town Council meeting on April 24, 2012, at 9:00 a.m. in the Council Chamber TC Mtg. / Page 10 of 11

23 MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 10, XII. ANY OTHER MATTERS - None XIII. ADJOURNMENT There being no further business, the April 10, 2012, regular Town Council meeting was adjourned at 12:08 p.m. APPROVED: David A. Rosow Town Council President Date ATTEST: Susan A. Owens, MMC Town Clerk Date TC Mtg. / Page 11 of 11

24 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent Agenda Agenda Title MINUTES: APRIL 11, 2012 APPROVAL OF THE MINUTES OF THE REGULAR TOWN COUNCIL MEETING Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the Town Council Meeting Held on April 11, 2012

25 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, I. CALL TO ORDER AND ROLL CALL The Regular Town Council meeting was called to order on Wednesday, April 11, 2012, at 9:30 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 Rosow led the Pledge of Allegiance. III. COMMENTS OF MAYOR GAIL L. CONIGLIO - None IV. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER Council Member Kleid expressed concern that the flagmen on the Force Main Replacement Project were not requesting identification from local traffic. V. COMMUNICATIONS FROM CITIZENS - None VI. APPROVAL OF AGENDA TIME CERTAIN: Item No. IX.D.2. (Planning and Zoning Commission-Royal Poinciana Way Overlay Recommendations) was set for 2:00 p.m. Motion was made by Council Member Kleid and seconded by Council Member Pucillo, to approve the Agenda, as amended above. On roll call, the motion carried unanimously. VII. PUBLIC HEARINGS Town Clerk Owens administered the oath to all those who would be providing testimony.

26 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, A. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Ratifying and Confirming the Determination of the Landmarks Preservation Commission that the Property Known as 220 Via Bellaria Meets the Criteria Set Forth in Ordinance No. 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of the Town of Palm Beach; and Designating Said Property as a Town of Palm Beach Landmark Pursuant to Ordinance No. 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of the Town of Palm Beach. [John Page, Director of Planning, Zoning, and Building] Historical Preservation Consultant Day provided an overview of the Designation Report. Ted Cooney, 495 N. Lake Way, Chairman of the Landmarks Preservation Commission, personally thanked Mr. and Mrs. Flynn for landmarking their house. Motion was made by Council Member Kleid and seconded by Council Member Diamond, that the Designation Report of the property known as 220 Via Bellaria be made a part of the record. On roll call, the motion carried unanimously. Motion was made by Council Member Pucillo and seconded by Council Member Diamond, that Resolution No be adopted and designating the property at 220 Via Bellaria as a landmark of the Town of Palm Beach on the basis that it meets criteria as identified in the Designation Report of Section of the Town of Palm Beach Code and Landmarks Preservation Ordinance No On roll call, the motion carried unanimously. VIII. ORDINANCES A. Second Reading 1. ORDINANCE NO An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County Florida, Amending Chapter 134, Zoning, at Section to Eliminate the Front Setback Requirement for Principal Buildings East or Partially East of the Coastal Construction Control Line and Eliminate the Average Front Setback, Rear Setback and Height for Principal Building West of North or South Ocean Boulevard; Section to Create a Filing and Renewal Fee for Administrative Approval of Outside Seating. Sections and to Eliminate the Perimeter Landscape Requirements for Lots in the R-B and R-C Zoning Districts which are 20,000 Square Feet or More in Area; Sections , , and to Change the Term Occupational License to Business Tax Receipt; Section to Prohibit Strobe or Flash Lighting and/or Neon Lighting which Draws Attention to a Tenant Space, Building or Structure; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing for an Effective Date TC Mtg. / Page 2 of 14

27 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, Motion was made by Council Member Diamond and seconded by Council Member Kleid, to adopt Ordinance No , on second and final reading. On roll call, the motion carried unanimously. B. First Reading - None IX. DEVELOPMENT REVIEWS Town Clerk Owens administered the oath to those who would be providing testimony. A. Appeals None B. Time Extensions & Waivers None C. Variances, Special Exceptions, and Site Plan Reviews 1. Old Business a. SPECIAL EXCEPTION # WITH VARIANCE The application of J. Timothy Gannon; relative to property commonly known as 1300 North Ocean Blvd.; described as Lot 1 (less the West feet thereof) AND Lot 1A, McINTOSH HOME SITES, according to the map or plat thereof as recorded in Plat Book 21, Page 30, Public Records of Palm Beach County, Florida; located in the B-A Zoning District. The applicant requests a special exception to construct a 500 square foot beach cabana on an ocean parcel that is feet in width and across the street from the main residence, which is located in the R-B Zoning District. A variance is requested to construct a beach cabana with a three (3) foot west side yard setback in lieu of the 10 foot minimum setback required. [Attorney: Maura A. Ziska] Deferred from the March 14, 2012, Town Council Meeting. The following ex-parte communications were declared: Mayor Coniglio spoke with the home owner. Council President Rosow and Council Members Pucillo, Kleid, and Diamond spoke with Attorney Ziska, who advocated the position of her client. Attorney Ziska, on behalf of Timothy Gannon, provided an overview of the applicant s request. Zoning Administrator Castro provided Staff s comments. Motion was made by Council Member Diamond and seconded by Council President Pro Tem Wildrick, 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 variance related to TC Mtg. / Page 3 of 14

28 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, Special Exception # be granted and find, in support thereof, that all of the criteria applicable to this application as set forth in Section (a), items 1 through 7 have been met. On roll call, the motion carried unanimously. 2. New Business a. VARIANCE # The application of Robert Nederlander; relative to property commonly known as 270 Kawama Lane; described as Lot 8, KAWAMA LANE, according to the Plat thereof, as recorded in Plat Book 27, Page 56, of the Public Records of Palm Beach County, Florida; located in the R-B Zoning District. The applicant requests a variance to allow the redesign of the existing entrance to include a new one story covered entry addition resulting in lot coverage of 32.8% in lieu of the 30% maximum allowed and the 31.9% existing. [Attorney: L. Frank Chopin] [ARCOM Recommendation: Implementation of the proposed variance will not cause negative architectural impacts. Carried 7-0.] There was no ex-parte communication declared by the Town Council. Attorney Chopin, on behalf of Robert Nederlander, provided an overview of the applicant s request. Zoning Administrator Castro provided Staff s comments. Motion was made by Council Member Diamond and seconded by Council Member Pucillo, that Variance # be granted and find, in support thereof, that all of the criteria applicable to this application as set forth in Section (a), items 1 through 7 have been met. On roll call, the motion carried unanimously. b. VARIANCE # The application of Villa Artemis, LLC; relative to property commonly known as 656 North County Road; described as lengthy legal description on file; located in the R-AA Zoning District. The applicant requests variances to allow solar panels on the main house that are 40% of the roof area in lieu of the 30% maximum allowed in the R-AA Zoning District and to allow solar panels on the guest house that are 47% of the roof area in lieu of the 30% maximum allowed in the R-AA Zoning District. [Attorney: Maura A. Ziska] The following ex-parte communications were declared: Council President Rosow and Council Members Pucillo, Kleid and Diamond spoke with Attorney Ziska, who advocated the position of her client TC Mtg. / Page 4 of 14

29 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, Attorney Ziska, on behalf of Villa Artemis, LLC, provided an overview of the applicant s request. Zoning Administrator Castro provided Staff s comments. Motion was made by Council Member Diamond and seconded by Council Member Kleid, that Variance # be granted and find, in support thereof, that all of the criteria applicable to this application as set forth in Section (a), items 1 through 7 have been met. On roll call, the motion carried unanimously. c. VARIANCE # The application of Jason and Nicole Guari; relative to property commonly known as 217 List Road; described as Lots 3, PLAT OF LIST ADDITION NO. 1, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, recorded in Plat Book 24, Page 179; located in the R-B Zoning District. The applicant requests a variance to allow the rear yard setback for a swimming pool to be 5 feet in lieu of the 10 foot minimum required. [Attorney: Maura A. Ziska] The following ex-parte communications were declared: Council President Rosow and Council Members Diamond, Kleid, and Pucillo spoke with Attorney Ziska, who advocated the position of her client. Attorney Ziska, on behalf of Jason and Nicole Guari, provided an overview of the applicant s request. Zoning Administrator Castro provided Staff s comments. Discussion ensued among the Town Council regarding the setback measurement of the pool compared to the setback of the pool of the property to the west. (Clerk s Note: Town Council tabled this item to allow Attorney Ziska to obtain more information regarding the pool measurements.) Architect Michael Perry provided the setback measurement and the size of the neighbor s pool to the west. Motion was made by Council Member Pucillo and seconded by Council Member Kleid, that Variance # be granted and find, in support thereof, that all of the criteria applicable to this application as set forth in Section (a), items 1 through 7 have been met, subject to the condition that the rear yard setback be no less than 7 feet. On roll call, the motion carried unanimously TC Mtg. / Page 5 of 14

30 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, d. VARIANCE # The application of Vera Alfieri Monforte; relative to property commonly known as 218 Miraflores Drive; described as Lot 2, DRAKE PARK, AN ADDITION TO THE TOWN OF PALM BEACH, according to the Plat recorded in Plat Book 20, Page 11, Public Records of Palm Beach County, Florida; located in the R-B Zoning District. The applicant requests a variance to construct 453 square foot, one story addition for a master bathroom addition on the east front side of the existing house that will result in an angle of vision of 111E in lieu of the 100E maximum allowed in the Zoning Code. [Attorney: Maura A. Ziska] [ARCOM Recommendation: Implementation of the proposed variances will not cause negative architectural impacts. Carried 7-0.] The following ex-parte communications were declared: Council President Rosow and Council Members Pucillo, Kleid and Diamond spoke with Attorney Ziska, who advocated the position of her client. Attorney Ziska, on behalf of Vera Alfieri Monforte, provided an overview of the applicant s request. Zoning Administrator Castro provided Staff s comments. Motion was made by Council Member Diamond and seconded by Council Member Pucillo, that Variance # be granted and find, in support thereof, that all of the criteria applicable to this application as set forth in Section (a), items 1 through 7 have been met. On roll call, the motion carried unanimously. e. VARIANCE # The application of Lawrence and Judith Schlager; relative to property commonly known as 125 El Mirasol; described as Lots 12, EL MIRASOL, according to the Plat thereof, recorded in Plat Book 28, Page 60, OF THE Public Records of Palm Beach County, Florida; located in the R-B Zoning District. The applicant requests a variance to construct a 355 square foot second story addition over the existing garage of their residence to allow a front yard setback/building height plane setback for the proposed second story addition to be 35 feet in lieu of the foot minimum required and to allow a cubic content ratio of 4.73 in lieu of the 4.56 existing and the 3.90 maximum allowed in the R-B Zoning District. [Attorney: Maura A. Ziska] [ARCOM Recommendation: Implementation of the proposed variances will not cause negative architectural impacts. Carried 7-0.] The following ex-parte communications were declared: Council TC Mtg. / Page 6 of 14

31 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, President Rosow and Council Members Pucillo, Kleid and Diamond spoke with Attorney Ziska, who advocated the position of her client. Attorney Ziska, on behalf of Lawrence and Judith Schlager, provided an overview of the applicant s request. Zoning Administrator Castro provided Staff s comments. Motion was made by Council Member Diamond that Variance # be granted and find, in support thereof, that all of the criteria applicable to this application as set forth in Section (a), items 1 through 7 have been met. Motion died for lack of a second. Motion was made by Council Member Pucillo and seconded by Council President Pro Tem Wildrick, to approve deferral of Variance # to the May 9, 2012, Town Council meeting. On roll call, the motion carried unanimously. f. SITE PLAN REVIEWS # WITH SPECIAL EXCEPTION AND VARIANCE The application of Alan and Linda Landis; relative to property commonly known as 184 Bradley Place, PH South (aka Unit 501); described as Condominium Parcel No. PH South, PARC REGENT, a Condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 5162, Page 1756 of the Public Records of Palm Beach County, Florida; located in the R-D(2) Zoning District. The applicant requests a site plan review to allow five (5) retractable awnings totaling 711 square feet over the terrace on the fifth floor of a five story building. Special Exceptions are requested to allow the proposed awnings above the 3 rd floor of the building; and a variance is requested to allow the awnings with a street side yard setback to be between feet and 47 feet in lieu of the 55 foot minimum required for multi-family use in the R-D(2) Zoning District. [Attorney: Maura A. Ziska] [ARCOM Recommendation: Implementation of the proposed variance will not cause negative architectural impacts. Carried 7-0.] The following ex-parte communications were declared: Council President Rosow and Council Members Pucillo, Kleid, and Diamond spoke with Attorney Ziska, who advocated the position of her client. Attorney Ziska, on behalf of Alan and Linda Landis, provided an overview of the applicant s request. Zoning Administrator Castro provided Staff s comments TC Mtg. / Page 7 of 14

32 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, Motion was made by Council Member Diamond and seconded by Council Member Kleid, that Site Plan Review # 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, and that the special exception related to Site Plan Review # 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 variance related to Site Plan Review # be granted and find, in support thereof, that all of the criteria applicable to this application as set forth in Section (a), items 1 through 7 have been met. All of the above approvals are subject to the applicant submitting documentation from the condominium association supporting the project. On roll call, the motion carried unanimously. (Clerk s Note: At this time, the Town Council returned to Item IX.C.2.c.) g. SITE PLAN REVIEW # WITH VARIANCE The application of Keith Spina; relative to property commonly known as 218 Royal Palm Way; described as Lot 37, Block E, Revised Map of Royal Park Addition to Palm Beach, Florida, according to the map or plat thereof as recorded in Plat Book 4, Page 1, of the Public Records of Palm Beach County, Florida; located in the C- OPI Zoning District. The applicant requests a site plan review to construct a 21 sq. ft. addition to an existing elevator equipment room located on the first at the southwest corner of the building. A variance is requested to allow lot coverage for the elevator equipment room to be % in lieu of % existing and 25% maximum allowed for a 3-story building in the C-OPI Zoning District. [Owner s Representative: Keith Spina] [ARCOM Recommendation: Implementation of the proposed variance will not cause negative architectural impacts. Carried 7-0.] There was no ex-parte communication declared by the Town Council. Architect Spina, Glidden, Spina, & Partners, on behalf of 218 Royal Palm Way, provided an overview of the request. Director of Planning, Zoning, and Building Page provided Staff s comments. Motion was made by Council Member Diamond and seconded by Council Member Pucillo, that Site Plan Review # 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 TC Mtg. / Page 8 of 14

33 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, 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, and that the variance related to Site Plan Review # be granted and find, in support thereof, that all of the criteria applicable to this application as set forth in Section (a), items 1 through 7 have been met. On roll call, the motion carried unanimously. h. SPECIAL EXCEPTION # WITH VARIANCE The application of Il Papiro; relative to property commonly known as 347 Worth Avenue; described as lengthy legal description on file; located in the C-WA Zoning District. The applicant requests a special exception to modify the arcade by placing a sign for IL PAPIRO on the arcade within the C-WA Zoning District and a variance to allow the sign to be located higher than the first floor elevation of the building which is not permitted by code. [Attorney: Maura A. Ziska] The following ex-parte communications were declared: Council President Rosow, Council President Pro Tem Wildrick, and Council Members Pucillo, Kleid, and Diamond spoke with Attorney Ziska, who advocated the position of her client. Council President Rosow and Council President Pro Tem Wildrick spoke with Scott Lesee, General Manager of the Everglades Club. Attorney Ziska, on behalf of the Everglades Club and tenant Il Papiro, provided an overview of the applicant s request. Zoning Administrator Castro provided Staff s comments. Motion was made by Council Member Diamond and seconded by Council Member Pucillo, 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 variance related to Special Exception # be granted and find, in support thereof, that all of the criteria applicable to this application as set forth in Section (a), items 1 through 7 have been met, subject to the condition that the height of the lettering on the signage not exceed 10 inches. On roll call, the motion carried unanimously. i. SPECIAL EXCEPTION # WITH VARIANCES The application of Pizza Al Fresco, LLC; relative to property commonly known as 8-14 Via Mizner; described as Condominium Units No C-106S, C-107S, C-108S and C-109S of Via Mizner South, a Condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 7069, Page 203 of the Public Records of Palm Beach County, Florida; located in the C-WA Zoning District. The applicant requests a TC Mtg. / Page 9 of 14

34 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, special exception to modify existing Special Exception No to allow the existing restaurant, which is a special exception use, to add 40 additional outside restaurants seats for Pizza Al Fresco Restaurant within the Via Mizner west courtyard. Variances are also requested to increase outdoor seating by 40 seats over and above the inside capacity, which is not permitted by the outdoor seating conditions in the code and to eliminate the 14 required offstreet parking spaces for the 40 additional outside seats. [Attorney: William W. Atterbury III] The following ex-parte communications were declared: Mayor Coniglio, Council President Rosow, and Council Members Pucillo, Kleid, and Diamond spoke with Attorney Atterbury, who advocated the position of his client. Attorney Atterbury, on behalf of Pizza Al Fresco, LLC, requested a deferral to the May 9, 2012, Town Council meeting. Town Clerk Owens administered the oath to those who had not already been sworn in and would be providing testimony. Code Enforcement and Parking Manager Houston stated that there had been code violations at the restaurant. Rob Walton, Lead Code Enforcement Officer, added that these citations included: seating, bicycle parking, noise complaints regarding the construction of the hood, outside speakers, and music. Architect Mark Marsh, stated that he has worked with the Fire Marshal and the Building Department to address some of the seating issues. Motion was made by Council President Pro Tem Wildrick and seconded by Council Member Diamond, to approve deferral of Special Exception # with Variances to the May 9, 2012, Council meeting. On roll call, the motion carried 3-2, with Council President Rosow and Council Member Kleid dissenting. Code Enforcement was directed to monitor the restaurant weekly to ensure that it is complying with all requisite code requirements. D. Other 1. Site Plan Review No with Special Exceptions and Variances- Reconsideration of the Conditions of Approval for Publix Supermarket TC Mtg. / Page 10 of 14

35 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, located at 135 Bradley Place Related to the Delivery Schedule and Trash Compactor Use. Code Enforcement and Parking Manager Houston stated that there have been no complaints. Mayor Coniglio and the Town Council congratulated the corporation and Nick Abusi, Manager of Publix Supermarket, for his willingness to work with the residents. (Clerk s Note: At 11:15 a.m., the Town Council recessed for a Special Town Council meeting. At 2:02 p.m., the Town Council reconvened.) 2. Planning and Zoning Commission Royal Poinciana Way Overlay Recommendations. Mayor Coniglio recused herself, left the dais, and provided a Conflict of Interest Form 8B to Town Clerk Owens. Town Clerk Owens administered the oath to those who had not already been sworn in and would be providing testimony. Director of Planning, Zoning, and Building Page provided a summary of the Planning and Zoning Commission s recommendations. Leslie Evans, 135 Seminole Avenue, spoke in favor of the Royal Poinciana Way Overlay recommendations. Attorney Frank Schnidman, 8201 Peters Road, Suite 100, Plantation, Florida, on behalf of the Neighbors Association of Palm Beach, spoke about changes in the Comprehensive Plan and addressed the Calvin Giordano Report. John Grosskopf, General Manager of Palm Beach Towers, 44 Cocoanut Row, entered a letter into the record from Boies, Schiller & Flexner, LLP regarding issues of concern relative to the Royal Poinciana Overlay District. Attorney Paul D Arelli, 8201 Peters Road, Suite 100, Plantation, also representing the Neighbors Association of Palm Beach, spoke about the Comprehensive Plan and the Calvin Giordano Report. Bobbie Lindsay, 212 Caribbean Road, spoke in opposition of the Royal Poinciana Way Overlay recommendations TC Mtg. / Page 11 of 14

36 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, William Cooley, 8 Windsor Court, spoke in opposition of the Royal Poinciana Way Overlay recommendation sand changing the Comprehensive Plan. Audrey Bender, 250 Bradley Place, spoke in opposition of the Royal Poinciana Way Overlay recommendations. Penny Townsend, 310 Via Linda, spoke in opposition of the Royal Poinciana Way Overlay recommendations and changing the Comprehensive Plan. Rachel Lorentzen, 216 Garden Road, spoke in opposition of the Royal Poinciana Way Overlay recommendations. Frank Lynch, Breton, Lynch, Eubanks & Suarez-Murias, 1209 N. Olive Avenue, West Palm Beach, on behalf of the Testa Family, spoke in support of the Royal Poinciana Way Overlay recommendations. Lori Waltrop, 2560 S. Ocean Blvd., spoke in opposition of the Royal Poinciana Way Overlay recommendations. Alexander Ives, Executive Director of the Preservation Foundation of Palm Beach, spoke in opposition of the Royal Poinciana Way Overlay recommendations. Town Clerk Owens administered the oath to those who had not already been sworn in and would be providing testimony. Allen Wyett, 1145 N. Lake Way, spoke regarding zoning changes relative to the Royal Poinciana Way Overlay recommendations. Patti Sans, President of the Greater South County Road Association, spoke in opposition of the Royal Poinciana Way Overlay recommendations. Beatrice Guthrie, 140 El Mirasol, spoke in opposition of the Royal Poinciana Way Overlay recommendations. David Barton, 216 Jamaica Lane, spoke regarding Publix Supermarket, underground parking problems, and in opposition of the Royal Poinciana Way Overlay recommendations. Peggy Moore, 220 El Bravo Way, spoke in opposition of the Royal Poinciana Way Overlay recommendations TC Mtg. / Page 12 of 14

37 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, Ned Barnes, on behalf of the Palm Beach Civic Association, spoke in support of modification to the Royal Poinciana Way Overlay recommendations. Susan Markin, 1450 N. Lake Way, spoke in opposition of the Royal Poinciana Way Overlay recommendations. Louis Pryor, 227 Brazilian Avenue, spoke in support of change and possibly modifying the Planning and Zoning Commission s recommendations. Jere Zenko, 232 Tangier Avenue, spoke regarding placing a hedge around the gas station and suggested that the Planning and Zoning Commission put a three-year time limit on the issue. Dudley Moore, 220 El Bravo Way, spoke in opposition of the Royal Poinciana Way Overlay recommendations and suggested that a compromise be provided that the Town could accept. Joanne Warshaver, 223 Seminole Avenue, spoke in favor of Council President Rosow s suggestion to create an ad hoc committee to review the issue. Motion was made by Council Member Diamond and seconded by Council President Pro Tem Wildrick to reject the Planning and Zoning Commission s Recommendations. On roll call, the motion carried 4-1, with Council Member Kleid dissenting. By consensus, the Town Council approved the creation of an ad hoc committee to build a consensus on what can be done to encourage improvements to properties in the Royal Poinciana Way Area. There will be a total of 7 members comprised of: Council Member Pucillo (who will serve as the Chair), the Chair of the Planning & Zoning Commission, and one appointee from each of the Council Members. Motion was made by Council President Pro Tem Wildrick and seconded by Council Member Kleid, to defer Testa s application to allow time for the ad hoc committee to review the issue and prepare recommendations for Council review in November Probable ordinance consideration would follow by February On roll call, the motion carried 4-1, with Council Member Diamond dissenting. Applicant Tom Testa and his attorney consented to the deferral as described above TC Mtg. / Page 13 of 14

38 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, X. ANY OTHER MATTERS - None XI. ADJOURNMENT There being no further business, the April 11, 2012, regular Town Council meeting was adjourned at 4:58 p.m. APPROVED: David A. Rosow Town Council President Date ATTEST: Susan A. Owens, MMC Town Clerk Date TC Mtg. / Page 14 of 14

39 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent Agenda Agenda Title MINUTES: APRIL 11, 2012 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING CLOSED DOOR SESSION Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the Special Town Council Meeting Held on April 11, 2012

40 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, I. CALL TO ORDER AND ROLL CALL The Special Town Council meeting was called to order at 11:20 a.m. on Wednesday, April 11, 2012, in the Town Council Chambers. On roll call, all of the elected officials were found to be present. II. APPROVAL OF AGENDA Motion was made by Council Member Diamond and seconded by Council Member Kleid, to approve the Agenda, as printed. On roll call, the motion carried unanimously. III. 332 SOUTH COUNTY ROAD, LLC VS TOWN OF PALM BEACH IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA, CASE NO CA002343XXXXMBAY F.S (8) Allows the Mayor, Town Council, and the Town Manager to Meet in a Closed-Door Attorney/Client Session for the Purpose of Discussing Strategy Related to Litigation. Town Council President Rosow announced the following: a.) The Attorney/Client Closed-Door Session b.) The estimated time is thirty minutes c.) The names of the persons attending: Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, President Pro Tem William J. Diamond, Town Council Member Richard M. Kleid, Town Council Member Michael J. Pucillo, Town Council Member John C. Randolph, Town Attorney Rebecca Mercier Vargas Peter B. Elwell, Town Manager Ley and Marsaa, Court Reporters

41 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 11, At 11:21 a.m., the persons attending the meeting (listed above) relocated from the Town Hall Council Chambers to the immediately adjacent conference room. IV. RECONVENE SPECIAL TOWN COUNCIL MEETING IN THE TOWN HALL COUNCIL CHAMBERS A.) Call to Order The Special Town Council meeting was reconvened at 12:05 p.m., in the Town Council Chambers. B.) Town Council President to Announce the Termination of the Attorney/Client Session Town Council President Rosow announced the termination of the Attorney/Client Session. He stated that the Town Council met with its Attorney and received advice, with respect to this litigation, and provided him with direction. V. ANY OTHER MATTERS - None VI. ADJOURNMENT There being no further business, the Special Town Council Meeting of Wednesday, April 11, 2012, was adjourned at 12:06 p.m. APPROVED: David A. Rosow Town Council President ATTEST: Susan A. Owens, MMC Town Clerk Date STC Mtg. (TPB vs 332 S. County Rd.) / Page 2 of 2

42 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent Agenda Agenda Title MINUTES: APRIL 12, 2012 APPROVAL OF THE MINUTES OF THE LONG-TERM FINANCIAL PLAN MEETING Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the Special Town Council Meeting Held on April 12, 2012

43 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON THURSDAY, APRIL 12, I. CALL TO ORDER AND ROLL CALL The Special Town Council Meeting was called to order at 9:30 a.m. on Thursday, April 12, 2012, in the Town Council Chambers. On roll call, all of the elected officials were found to be present, with the exception of Council President Pro Tem Wildrick, who was absent. II. PLEDGE OF ALLEGIANCE Council President Rosow led the Pledge of Allegiance. III. APPROVAL OF AGENDA Motion was made by Council Member Diamond and seconded by Council Member Kleid to approve the Agenda, as printed. On roll call, the motion carried 4-0, with Council President Pro Tem Wildrick absent. IV LONG TERM FINANCIAL PLAN [Peter B. Elwell, Town Manager and Jane Struder, Director of Finance] Town Manager Elwell presented the Town of Palm Beach Long Term Financial Plan for Fiscal Years , which consisted of the following: FY12 Budget Status Reserve Status General Fund Revenue Trends General Fund Expenditure Trends General Fund Forecast Recreation Enterprise Fund Other Funds Town Manager Elwell stated that the Legal Services line item was the only line item significantly over budget. Risk Fund reserves could be used towards surplus funds. The Recreation Department also has surplus funds; however, the department has many needs for those funds.

44 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON THURSDAY, APRIL 12, Town Manager Elwell also recommended that the Town not use the Equipment Replacement or Health Insurance reserves either. There are some surplus funds in the General Fund. A partial amount can be transferred to the Coastal Protection Program; but, in order to fully fund the program, additional revenue would be required. Town Manager Elwell recommended borrowing funds from ourselves to fund major projects in the short-term, and then pursue outside bonds and/or other financing mechanisms. The Town could seek bonds every seven years. The Town can go out sooner, and he would suggest so if the rates are good; however, there are tax consequences to do so. Council President Rosow reminded everyone that borrowing money is not free. Mayor Coniglio asked about the lower estimate for building permit revenue since the development review items on the agenda have been increasing. Town Manager Elwell responded that the Town needs to be conservative in this area. The Town cannot depend on building permit revenue since the Town has no control over the number of permits applied for. He added that they are also being conservative with the estimated interest rates. Director of Recreation and Special Projects Boodheshwar stated that there was a minor loss in recreation revenue due to the road closures from the force main pipe replacements construction. V. ANY OTHER MATTERS None VI. ADJOURNMENT There being no further business, the April 12, 2012, Special Town Council meeting was adjourned at 10:48 a.m. ATTEST: Susan A. Owens, MMC Town Clerk Date APPROVED: David A. Rosow Town Council President STC Mtg.-LTFP / Page 2 of 2

45 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent Agenda Agenda Title MINUTES: APRIL 24, 2012 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the Special Town Council Meeting Held on April 24, 2012

46 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 24, I. CALL TO ORDER AND ROLL CALL The Special Town Council Meeting was called to order at 9:30 a.m. on Tuesday, April 24, 2012, in the Town Council Chambers. On roll call, all of the elected officials were found to be present, with the exception of Mayor Coniglio and Council Member Kleid. II. PLEDGE OF ALLEGIANCE Council President Rosow led the Pledge of Allegiance. III. APPROVAL OF AGENDA Motion was made by Council Member Diamond and seconded by Council Member Pucillo to approve the Agenda. On roll call, the motion carried 4-0, with Council Member Kleid absent. IV. SECOND READING OF ORDINANCE NO An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 82 Of The Town Code Of Ordinances Relating To Personnel, At Article II, Employee Benefits, Division 2, Retirement System, Amending Subdivision I, In General, By Amending Section 82-51, General, As Amended By Ordinance No , Adopted March 13, 2012; By Amending Section 82-52, Definitions; By Amending Section 82-54, Credited Service; Loss Of Credited Service; Reinstatement Of Credited Service; By Amending Section 82-56, Benefit Groups; By Amending Section 82-59, Transfer Of Service Between Town Plans; By Amending Section 82-63, Amount Of Post-Retirement Redetermination Of Pensions; By Amending Section 82-65, Allowance Of Interest; Rates Of Interest; By Amending Section 82-66, Refund Of Member's Accumulated Contributions; By Amending Section 82-69, Administrative Expenses; By Amending Section 82-70, Assignments Prohibited; By Amending Section 82-72, Rollover Distributions; By Amending Section 82-73, Method Of Making Payments; Amending Subdivision II, Reserve Accounts, By Amending Section 82-80, Reserve For Member Contributions; By Amending Section 82-83, Reserve For Undistributed Investment Income; By Deleting Section 82-85, Plans And Assets Segregated; By Deleting Section 82-86, Chapters 175 And 185, Florida Statutes; Amending

47 MINUTES OF THE SPECIAL TOWN COUNCIL MEETINGHELD ON TUESDAY, APRIL 24, Subdivision III, Firefighters, By Deleting Section 82-90, Firefighter Board Of Trustees; By Deleting Section 82-91, Term Of Office; Oath Of Office; Vacancy; By Deleting Section 82-92, Officers, Administrative Services; By Deleting Section 82-93, Investment Limitations; By Amending Section 82-94, Retirement Age And Service Conditions; By Amending Section 82-95, Amount Of Pension; By Amending Section 82-96, Optional Forms Of Payment Of A Pension; By Deleting Section 82-97, Supplemental Pension Distributions; By Amending Section 82-98, Chapter Share Accounts; By Amending Section 82-99, Deferred Retirement Option Program; By Amending Section , Disability Retirement; By Amending Section , Continuation Subject To Re- Examination; Return To Employment; Effect Of Gainful Employment; By Amending Section , Death After Retirement; Automatic Survivor Pension To Minor Children And/Or Surviving Spouse; By Amending Section , Death While An Employee Of The Town; Automatic Survivor Pension To Minor Children And/Or Spouse; By Amending Section , Elective Survivor Pension; Amending Subdivision IV, Police Officers, By Deleting Section , Police Officer Board Of Trustees; By Deleting Section , Term Of Office; Oath Of Office; Vacancy; By Deleting Section , Officers, Administrative Services; By Deleting Section , Investment Limitations; By Amending Section , Retirement Age And Service Conditions; By Amending Section , Amount Of Pension; By Amending Section , Optional Forms Of Payment Of A Pension; By Deleting Section , Supplemental Pension Distributions; By Amending Section , Deferred Retirement Option Program; By Amending Section , Disability Retirement; By Amending Section , Continuation Subject To Re-Examination; Return To Employment; Effect Of Gainful Employment; By Amending Section , Death After Retirement; Automatic Survivor Pension To Minor Children And/Or Surviving Spouse; By Amending Section , Death While An Employee Of The Town; Automatic Survivor Pension To Minor Children And/Or Spouse; By Amending Section , Elective Survivor Pension; Amending Subdivision V, General Employees And Lifeguards, By Deleting Section , General Employee Board Of Trustees; By Deleting Section , Term Of Office; Oath Of Office; Vacancy; By Deleting Section , Officers, Administrative Services; By Amending Section , Retirement Age And Service Conditions; By Amending Section , Amount Of Pension; By Amending Section , Optional Forms Of Payment Of A Pension; By Deleting Section , Supplemental Pension Distributions; By Amending Section , Deferred Retirement Option Program; By Amending Section , Disability Retirement; By Amending Section , Death After Retirement; Automatic Survivor Pension To Minor Children And/Or Surviving Spouse; By Amending Section , Death While An Employee Of The Town; Automatic Survivor Pension To Minor Children And/Or Spouse; Amending Section , Elective Survivor Pension; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. [Peter B. Elwell, Town Manager] STC Mtg. / Page 2 of 3

48 MINUTES OF THE SPECIAL TOWN COUNCIL MEETINGHELD ON TUESDAY, APRIL 24, Motion was made by Council Member Diamond and seconded by Council Member Pucillo, to adopt Ordinance No , on second and final reading. On roll call, the motion carried 4-0, with Council Member Kleid absent. V. ANY OTHER MATTERS None VI. ADJOURNMENT There being no further business, the April 24, 2012, special Town Council meeting was adjourned at 9:06 a.m. APPROVED: David A. Rosow Town Council President ATTEST: Susan A. Owens, MMC Town Clerk Date STC Mtg. / Page 3 of 3

49 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent Agenda Agenda Title Approval of Major Matters Considered by the Architectural Commission at its Meeting of April 25, Presenter John Page, Director of Planning, Zoning, and Building Supporting Documents Memorandum dated April 27, 2012, from John S. Page, Director of Planning, Zoning and Building Minutes of the Architectural Commission Meeting of April 25, 2012

50 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: Mayor and Town Council Peter B. Elwell, Town Manager From: John S. Page, Director of Planning, Zoning & Building Re: Approval of the Architectural Commission Meeting Minutes of April 25, 2012 Date: April 27, 2012 STAFF RECOMMENDATION Staff recommends that the Town Council approve the major items that were approved by ARCOM at the regularly scheduled meeting of April 25, 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 April 25, 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:cmd

51 MINUTES ARCHITECTURAL COMMISSION IN THE TOWN COUNCIL CHAMBERS 2 ND FLOOR, TOWN HALL 360 SOUTH COUNTY ROAD, PALM BEACH WEDNESDAY, APRIL 25, 2012, 9:00 a.m. 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 or may obtain an audio recording of the meeting by contacting Cindy Delp, Secretary to the Architectural Commission at (561) As a point of reference, you will find the recording times listed on these minutes at the beginning of each item. I. CALL TO ORDER (8:59:22 a.m.) Chairman Vila called the meeting to order at 9:00 a.m. II. ROLL CALL (8:59:27 a.m.) Robert J. Vila, Chairman Nikita Zukov, Vice Chairman Kenn Karakul, Member Ann L. Vanneck, Member Henry Homes III, Member Richard Sammons, Member Peter I. C. Knowles II, Member Martin D. Gruss, Alternate Member Alexander C. Ives, Alternate Member Dr. Martin Phillips, Alternate Member PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT ABSENT (unexcused) ABSENT (unexcused) PRESENT Staff members present: John C. Randolph, Town Attorney, John S. Page, Director of Planning, Zoning & Building, John Lindgren, Planning Administrator and Cynthia Delp, Secretary to the Architectural Commission. Let the record show that a court reporter, Jill Felicetti, was present. She was hired by Attorney James Brindell relative to the project for 445 Antigua Lane. III. PLEDGE OF ALLEGIANCE: (8:59:53 a.m.) 1

52 IV. APPROVAL OF THE MINUTES FROM THE MARCH 28, 2012 MEETING: (9:00:11 a.m.) MOTION BY MRS. VANNECK FOR APPROVAL OF THE MINUTES. MOTION SECONDED BY MR. HOMES. MOTION CARRIED UNANIMOUSLY. V. APPROVAL OF THE AGENDA : (9:01:00 a.m.) MOTION BY MRS. VANNECK FOR APPROVAL OF THE AGENDA. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. Mr. Vila stated that there has been a request to move B La Puerta Way, an application for time extension, to the front of the agenda. MOTION BY MRS. VANNECK TO MOVE B , 200 LA PUERTA WAY TO THE FRONT OF THE AGENDA. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. VI. ADMINISTRATION OF THE OATH TO PERSONS WHO WISH TO TESTIFY: (9:01:01 a.m.) Mrs. Delp administered the oath at this time and as necessary throughout the meeting. VII. OTHER BUSINESS: (9:01:07 a.m.) None VIII. PROJECT REVIEW (9:01:13 a.m.) B Time extension Address: 200 La Puerta Way Applicant: J.B. & Carrie Murray Architect: The Pandula Architects. Inc. (original); MP Design & Architecture (new architect) Project Description: Time extension for previously approved project, including demolition of existing residence, new British Colonial style residence, and landscape/hardscape. Call for disclosure of ex parte communication: No disclosures ARCHITECTURAL PRESENTATION BY: Michael Perry, MP Design & Architecture Mr. Perry explained that there have been no changes to the project since the original approval. This is the second time extension requested. MOTION BY MR. ZUKOV FOR APPROVAL OF THE TIME EXTENSION. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. 2

53 A. MAJOR PROJECTS - OLD BUSINESS (9:04:35 a.m.) B Windows and exterior improvements Address: 1 North Breakers Row Applicant: The Breakers Palm Beach Inc. Architect: Tercilla Courtemanche Associates Project Description: Window replacement and exterior improvements Please note that at the January meeting, there was a motion for approval of the project as presented, except for the color variation which will be deferred to next month. At the February meeting, the project was deferred to March, at the applicant s request. At the March meeting, the project was deferred to the April meeting at the applicant s request. Call for disclosure of ex parte communication: No disclosures ARCHITECTURAL PRESENTATION BY: Rene Tercilla, Tercilla Courtemanche Architects Mr. Tercilla explained that after a thorough exploration of the various tones of yellow for the building, a very light yellow tone was selected. He passed color samples of the original yellow vs. the proposed lighter yellow. The yellow color will be applied to the balconies and on the banding in the middle. The bottom of the building will be done in a beige, while the building above that, (floors 2-6), will be painted in a lighter color (cream). Mr. Tercilla stated that this is a prototype for the other four buildings. MOTION BY MR. HOMES FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. KNOWLES. MOTION CARRIED 6-1, WITH MRS. VANNECK OPPOSED. B Addition, Landscape/Hardscape Address: 273 Tangier Avenue Applicant: Judith and Ronald Berk Architect: Jerome Baumoehl, AIA Project Description: Partial renovation of existing perimeter walls, removal of entire roof structure to accommodate the construction of a new second floor. Pool, hardscape and landscape Please note that after hearing the project at the February meeting, it was deferred to the March meeting for re-study. At the March meeting, the project was deferred to the April meeting. Call for disclosure of ex parte communication: Disclosures by all members present ARCHITECTURAL PRESENTATION BY: Jerome Baumoehl, AIA COMMENTS BY: Tristan Harstan, Interior Designer LANDSCAPE PRESENTATION BY: Frank Meroney, Environment Design Group COMMENTS BY APPLICANT S ATTORNEY: Maura Ziska, Attorney 3

54 Mr. Baumoehl stated that the project has been significantly revised based upon the comments from the last two meetings. Some of those changes include: Simplified the design; lowered the railing; lowered the massing of the windows; eliminated front pedestrian gates; and changed the pre-cast panels. Mr. Meroney discussed the revisions to the landscape and hardscape, especially at the front of the house, eliminating the proposed pedestrian gates and substituting landscaping in that location. Ficus hedging will be removed and replaced with Clusia hedge. In the rear, lower level trees have been introduced beneath the Royals. At the master bedroom, additional shrubs have been added. Staff noted that the crushed rock areas on the sides cannot be counted as landscaped open space; grass or mulch must be used in these areas. Under commission comments, while some members were very pleased with the revisions, others still had serious concerns regarding the design. Comments expressed included: A pre-cast parapet overhangs the building; porch in rear cantilevers over the building; does not see this treatment as an improvement of the existing house; calling attention to Plan CA-4, concern with what the neighbors will see the east and west elevations; ARCOM is to judge the architecture keep our standards; this is not successful; the architect has made quite an effort to address previous criticisms, but the design still has a fundamental problem with a second story addition which is set back and pops up out of the base of the house; he is faced with keeping the bottom of the building and then CCR-ing, i.e., taking a slice here and there, until he meets the CCR, and that, to me, is not architecture; some of the elements work; the owners would like a second floor, but because of the code restrictions, this is the best solution; the front was my problem before, and he s worked so hard on it, and this is what the people want. MOTION BY MR. ZUKOV FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. KNOWLES. MOTION FAILED, 3-4, WITH MRS. VANNECK, AND MESSRS. HOMES, SAMMONS AND VILA OPPOSED. Additional commission comments: Problem with perspective on all four elevations it s much better from the street, but we are responsible to protect the neighborhood; the issue is not the pop up it is that the second floor has no relation to the first floor; no amount of detailing will fix the initial plan choice; it is insulting to owner and architect to use the term pop up ; where are the constructive ideas to fix this?; from a general aesthetic standpoint, it is fine and fits into the neighborhood; if this is being turned down the third time, the commission should be very specific as to what they want the architect and the owners to do or this is not fair to the owners; this is the best solution to add a second floor; we are not here to design it for him. Tristan Harstan, the Interior Designer, expressed his frustration with the code limitations and requested concrete feedback from the commission. In continuing discussion, Mr. Baumoehl reviewed the various design options that were attempted for this project. Ms. Ziska added that a design option to turn second floor flat 4

55 roofs into terraces created setback problems. The applicant, after having met with staff several times, believes they would not be successful in obtaining variances for this project. MOTION BY MRS. VANNECK FOR DEFERRAL (TO THE MAY MEETING). MOTION SECONDED BY MR. HOMES. MOTION CARRIED 6-1, WITH MR. ZUKOV OPPOSED. B Demolition and New Residence Address: 1191 N. Ocean Way Applicant: Valley Property Management LLC Architect: Dailey Janssen Architects, P.A. Project Description: Demolition of existing two-story residence and hardscape. Construction of new two-story Island Colonial residence with 5,352 square feet, pool, hardscape and landscape. Building, roof and trim: white Please note that after hearing this project at the March meeting, there was a motion for approval of the demolition with the typical conditions for sodding and irrigating. There was a second motion for deferral of the architecture to the April meeting. Call for disclosure of ex parte communication: Disclosures by all members ARCHITECTURAL PRESENTATION BY: Roger Janssen, Dailey Janssen Architects LANDSCAPE PRESENTATION BY: Stephanie Portus, Krent-Wieland Design Mr. Janssen and Ms. Portus reviewed the changes made to the plans since the last meeting which include, but are not limited to: lowered the peak of the roof; eliminated the chimney; changed the 1 dormer on each side of the attic space to 3 dormers; decreased height of water feature wall; and, changed Royals to Coconut Palms. Mr. Lindgren expressed staff s concern regarding the multiple dormers in the attic space, as the attic cannot be habitable space. He encouraged the commission, with any motion for approval, to require a restrictive covenant, an attic agreement, relative to the use of that space. Mr. Janssen assured the commission that they were only there to provide light into the storage space. Commission members took issue with the 3 dormers on each side of the attic space, preferring the original single dormer design, and the height of the garage. Concerns were also expressed relative to the landscape/hardscape: planting in a wind tunnel; planting in a utility easement; pool is overscaled; and, Clusia is too short. Mr. Page clarified that the Town allows planting in easements on a case by case basis, but only with an easement agreement. 5

56 MOTION BY MR. KARAKUL APPROVING THE ARCHITECTURE AS PRESENTED, WITH THE SINGLE DORMER, THE ATTIC PROVISION (AGREEMENT), AND THE ROOF LINE ADJUSTMENT; AND, TO DEFER THE LANDSCAPE FOR FURTHER STUDY. MOTION SECONDED BY MR. SAMMONS. John C. Dotterer, representing Jeffrey Cole, the neighbor to the east, noted that at the last meeting, several conditions were listed which were agreed to by the applicant. It should be noted, for the record, that Mr. Dotterer asked that those conditions be included in any approval. While there was some discussion about many of the conditions having already been incorporated into the revised plans, the conditions, themselves, were not formally added to the motion. MOTION CARRIED UNANIMOUSLY. Let the record show that there was a short recess at 10:15 a.m. The meeting reconvened at 10:23 a.m. Prior to proceeding with additional project review, Mr. Vila reminded the members to be helpful, courteous and respectful to the applicants and their representatives. B Addition *ARCOM TO MAKE RECOMMENDATION RELATIVE TO VARIANCE(S)* Address: 270 Kawama Lane Applicant: L. Frank Chopin, Esquire for Robert Nederlander Architect: Jerome Baumoehl Project Description: Removal of the existing gable roof entrance and the addition of a new flat roof covered entry. Extend existing covered front porch approximately 22 feet across with pre-cast columns with coquina finish. Fascia and all other finishes to match existing. Variance requested for lot coverage. At the March meeting, there was a motion that implementation of the proposed variance will not cause negative architectural impact to the subject property. There was a second motion for deferral of the project to the April meeting. Call for disclosure of ex parte communication: Disclosures by Mr. Zukov and Dr. Phillips. ARCHITECTURAL PRESENTATION BY: Jerome Baumoehl Mr. Baumoehl presented revised plans pursuant to comments made at the last meeting including a simplified column design, with column spacing unchanged. It was noted that the project includes a change to the shutters. Mr. Sammons took issue with the column details, and Mr. Baumoehl agreed to make those adjustments. 6

57 MOTION BY MR. ZUKOV FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. B New Residence Address: 109 Jungle Road Applicant: Casa PB, LLC Architect: Bridges, Marsh & Associates Project Description: Construct new residence in a contemporary Regency style. Building Color: Chamois; Roof Color: Vermont Grey; Trim Color: Chamois At the March meeting, the project was deferred to the April meeting at the request of the applicant s architect. Call for disclosure of ex parte communication: Disclosures by several members ARCHITECTURAL PRESENTATION BY: Mark Marsh, Bridges Marsh & Associates LANDSCAPE PRESENTATION BY: Mario Nievera, Nievera Williams Design Mark Marsh presented the plans for this approximately 8,000 sq. ft. new residence which has been designed to accommodate the owner s extensive contemporary art collection. He stated that the style of the home is more Deco than contemporary Regency. It is a symmetrical, single story residence with accentuated volume. The house has hip roofs and one flat roofed area. The mechanical equipment and generator will be placed at the end of the north wing. Materials include French limestone, a Ludowici clay tile roof, bronze tinted Tischler windows, and a bronze front door in a geometric pattern with glass surround and a front pediment. Mr. Nievera presented the landscape/hardscape in accordance with the submitted plans and noted that much of the existing Ficus will be removed. Commission members were quite pleased with the presentation and the project as designed. It was noted, however, that the (sliding) driveway gate design details were missing from the presentation. Mr. Lindgren remarked that the project was noticed as a new residence without any mention of landscape/hardscape. As such, the applicant will have to come back as a new major project for the landscape/hardscape. MOTION BY MR. ZUKOV FOR APPROVAL OF THE ARCHITECTURE AS PRESENTED, WITH THE PROVISO THAT THE APPLICANT RETURNS WITH FINAL LANDSCAPE AND GATE DESIGN. MOTION SECONDED BY MR. SAMMONS. MOTION CARRIED UNANIMOUSLY. 7

58 B Demolition and New Residence Address: 268 Jamaica Lane Applicant: William Whitehouse, Personal Representative of the Estate of Margaret Whitehouse Architect: Roger Janssen of Dailey Janssen Architects Project Description: Demolition of existing one story single family residence, pool, and spa. Proposed new two-story single family residence with 4393 air-conditioned square feet with pool, spa, landscape and hardscape. Building Color: White; Roof color: Gray/green; Trim color: White. At the March meeting, there was a motion for approval of the demolition. There was a second motion for deferral of the project to the April meeting. Call for disclosure of ex parte communication: Disclosures by several members ARCHITECTURAL PRESENTATION BY: Roger Janssen, Dailey Janssen Architects LANDSCAPE PRESENTATION BY: Dustin Mizell, Environment Design Group Mr. Janssen and Mr. Mizell outlined the changes made to the plans in response to comments made at the March meeting. Mr. Lindgren read a letter into the record from neighbor, David Barton, wherein he objected to the proposed design as too massive, maxing out the site. Commission comments: Preference to have more of the garage covered; while the design is improved, it is unfortunate that the lot is maxed out; make some accommodation in height by making the floor structure thinner between the first and second floor. MOTION BY MR. ZUKOV FOR APPROVAL AS PRESENTED, WITH BLOCKING THE GARAGE DOOR AS PROPOSED. MOTION SECONDED BY MR. HOMES. MOTION CARRIED UNANIMOUSLY. B Walls and gates Address: 1255 South Ocean Boulevard Applicant: Thomas Peterffy Architect: Smith and Moore Architects, Inc./Daniel Kahan Project Description: New privacy walls and vehicle gates. This design was presented for informal review in September At the March meeting, the project was not heard, but was deferred to the April meeting at the request of the applicant. Call for disclosure of ex parte communication: Disclosures by several members ARCHITECTURAL PRESENTATION BY: Daniel Kahan, Smith and Moore Architects 8

59 Mr. Kahan clarified that zoning issues relative to the plat of the Blossom Estates prevented the walls and gates from having formal approval in September Since that time, the necessary amendment to the subdivision agreement was approved by the Town Council, and so, the matter returned today for formal approval. The proposal includes a 6 ft. high privacy wall with cast stone cap, and bronze vehicle gates, with a verdigris finish, at the north end of the property. Gas lanterns hang from the gate piers. Commission comments pointed out that the various gates all have differing designs. It was recommended that the yard trash gate, shown as wood, be treated differently, and Mr. Kahan pledged to paint it to match the wall. Other suggestions for change were made, but the following motion was made and passed. MOTION BY MR. HOMES FOR APPROVAL AS PRESENTED, WITH THE GATE PAINTED. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. Please see the next project, also for the address of 1255 S. Ocean Boulevard. B. MAJOR PROJECTS - NEW BUSINESS (11:19:10 a.m.) B Revisions to previously approved residence Address: 1255 South Ocean Boulevard Applicant: Thomas Peterffy Architect: Daniel Kahan, Smith and Moore Architects, Inc. Project Description: Revisions to the previously approved new two-story residence. Landscape and hardscape revisions will also be presented. Please note that the project was presented to, and approved unanimously by ARCOM at the September 2011 meeting under Case #B Call for disclosure of ex parte communication: Disclosures by several members ARCHITECTURAL PRESENTATION BY: Daniel Kahan, Smith and Moore Architects LANDSCAPE PRESENTATION BY: Jorge Sanchez, Sanchez and Maddux Mr. Kahan presented a revised design for this project, a traditional Italian villa, which effectively reduces the size of the home by approximately 20% (12,000 sq. ft. reduced to 9800 sq. ft.). Basically, the owners would like less square footage interiorly to gain more landscaped area. It should be noted that a model was presented, and Mr. Kahan clarified that the boardwalks shown in the model were not being presented for approval today, though they are being explored for future approval. Mr. Sanchez stated that the only change to the landscape/hardscape is that the existing Banyan tree will remain in its existing location, rather than being moved as originally planned. The commission was pleased with the placement of the house, and the preservation of open spaces. 9

60 MOTION BY MR. ZUKOV FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. B Gate Address: 300 Dunbar Road Applicant: Dean O Hare Architect: Jim Lucas, ACI Architectural Consultants, Inc. Project Description: Addition of gate arms to existing gate posts and wall. Gate arms to be 20-0" in length and will be dark green to match the decorative aluminum used on the front door and main gate of the residence. Call for disclosure of ex parte communication: Disclosures by Mr. Sammons and Dr. Phillips. ARCHITECTURAL PRESENTATION BY: Roger Hansrote, ACI Mr. Hansrote presented two operable gates at the existing front privacy wall to match the existing pedestrian gate design. Under commission comments, the commission took issue with the width of the gates, the gate rollers, the design of the gates, and the fact that when the gates are in the open position, they will be seen way above and behind the existing balustrade. MOTION BY MR. KARAKUL FOR DEFERRAL (TO THE MAY MEETING) FOR RE-STUDY. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. B Additions *ARCOM TO MAKE RECOMMENDATION RELATIVE TO VARIANCE* Address: 50 Middle Road Applicant: Joseph M. Pizza Architect: Roger P. Janssen, Dailey Janssen Architects, P.A. Project Description: (1) Replace existing 432 sf awning structure with enclosed a/c structure on existing footprint; (2) construct a new 28 sf enclosed storage closet; (3) Construct a new 48 sf unenclosed covered side porch. Variance for cubic content ratio requested Call for disclosure of ex parte communication: Disclosures by several members VARIANCE PRESENTATION BY: Attorney Peter Broberg ARCHITECTURAL PRESENTATION BY: Roger Janssen, Dailey Janssen Architects LANDSCAPE PRESENTATION BY: Frank Meroney, Environment Design Group 10

61 Prior to the presentation, Dr. Phillips noted that for safety reasons, Palm Beach homes should be required to display house numbers, as it is often difficult to find a particular address. Mr. Broberg discussed the variance issues relative to the project. Mr. Janssen noted that all of the work is to the rear of the property. He and Mr. Meroney presented the project in accordance with the submitted plans, and as described above. Mr. Meroney stated that all of the existing landscape will remain, and some of the existing hardscape areas will be reshuffled to accommodate the changes. MOTION BY MR. ZUKOV THAT IMPLEMENTATION OF THE PROPOSED VARIANCE WILL NOT CAUSE NEGATIVE ARCHITECTURAL IMPACT TO THE SUBJECT PROPERTY. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. MOTION BY MR. HOMES FOR APPROVAL AS PRESENTED, WITH TWO CORRECTIONS TO THE COLUMN(S) AND RAILING. MOTION SECONDED BY MR. SAMMONS. MOTION CARRIED UNANIMOUSLY. B Landscape/Hardscape Address: 445 Antigua Lane Applicant: 416 Brazilian Avenue LLC Architect: Parker-Yannette Design Group Inc. Project Description: Resurface a portion of existing cul-de-sac and install landscaped island Call for disclosure of ex parte communication: Disclosures by all members ATTORNEY FOR THE APPLICANT: M. Timothy Hanlon ARCHITECTURAL PRESENTATION BY: Roger Janssen, Dailey Janssen Architects P LANDSCAPE PRESENTATION BY: Chuck Yannette, Parker-Yannette Design Group I OTHER PERSONS WHO TESTIFIED: Paul Brazil, Director of Public Works, Suzanne Frisbie, Property Owner, Anne and Bill Metzger, neighbors, and Eugene Pandula, architect. Attorney Hanlon introduced this project as a modification of the existing landscape plan for the new home at 445 Antigua Lane. He noted that Antigua Lane is a unique, private street; that the parcel to be landscaped in this application is a portion of the fee simple lot owned by the Frisbies at 445 Antigua Lane; that the parcel to be landscaped is subject to an easement created by the plat, giving the right of ingress/egress to the other residents of Antigua Lane; that the parcel to be landscaped is owned 100% by the Frisbies, subject only to the easement; that 100% of the decision making and costs for improvement and maintenance is the responsibility of the Frisbies; that according to the Fire Marshal, there are no fire safety issues presented by this application; that an asphalt driveway is not 11

62 appropriate for an R-A zoned property; that the Frisbies have tried to reach consensus with the neighbors; that the Frisbies offer to execute and record an agreement to maintain the proposed landscaped area for perpetuity; that there is precedence for the proposal; and; that the proposal meets ARCOM code requirements. Mr. Hanlon read a letter of support, dated April 16, 2012, into the record from the representative of Miles Nadal, the property owner of Lot 6 on Antigua Lane. Chuck Yannette presented the proposal to replace the existing asphalt with a clay brick driveway with coral stone border, with an island in the middle. Four Coconut Palms and accent plants are proposed for the island. Roger Janssen, project architect, stressed the importance of the paving and landscaped island as an arrival to this residence, a proposal which had always been intended as part of the project. Mr. Lindgren read several s and letters into the record: 1. A letter received 4/17/2012 from Mr. and Mrs. Metzger, 433 Antigua Lane, objecting to the project; 2. A letter dated 4/15/2012 from Thomas Pournaras, 409 Antigua, objecting to the project; 3. A letter received 4/20/12 from Hope Gropper, 417 Antigua Lane, objecting to the project; 4. dated 4/20/12 from Morgan Wheelock, Landscape Architect, objecting to the project; and 5. A letter from the Garden Club of Palm Beach indicating that the Garden Club does not endorse the project. Paul Brazil, Director of Public Works, testified that Public Works has concerns relative to the proposal. He recommended that a removal agreement be required with regard to any repairs which might need to be done to the sanitary sewer lateral in that area, such that the owner is responsible for removing the paving/landscaping to allow the repairs and then is also responsible to replace the paving and landscaping after the repairs are complete. He requested a second agreement such that if any of his equipment picking up garbage and yard trash reasonably damage the paving or landscape when traveling across it, the Town is held harmless for the repairs. Mr. Hanlon interjected that all of those conditions are acceptable to the Frisbies. Mr. Randolph cautioned the members not to become entwined in the legal matters relative to this project, as those matters were researched prior to today s meeting. He encouraged the members to review the project according to the ARCOM ordinance, and noted that the property owner has the right to do what they want to their property as long as they do not violate the ingress/egress easement. Attorney James Crowley, with Gunster Yoakley, addressing the commission on behalf of the other property owners on Antigua Lane, made several points, some of which follow: He disagreed with Mr. Randolph s opinion relative to the easement; maintained that the Frisbies, (when the house was approved), stated they would abandon the cul de sac improvements, making this proposal a surprise to the neighbors; maintained that the proposal affects easement rights and violates the plat; maintained that the island makes that area of the street unavailable to other residents; maintained that a variance should be 12

63 required; stated that the proposal violates Section 106 of the code which prevents obstructions from being placed in a private street; stated that the proposal may subject other Antigua Lane property owners to liability; and maintained that the proposal does not meet ARCOM s criteria for approval. Eugene Pandula, architect, provided his objections to the project as an expert witness. He stated that this proposal extends the 445 Antigua property to the east; that this project does not contribute positively to the street; and, that ARCOM would set a dangerous precedent to approve this project, because other property owners might want to extend their own individual paving patterns out into the common street, an action that would be contrary to the fabric of the neighborhood. Anne Metzger, 277 Esplanade Way, offered remarks on behalf of she and her husband, the Groppers, and Mr. and Mrs. Pournaras. She stated that Antigua Lane is being threatened; that paving half of a cul de sac is unpleasing and divisive; that the Frisbies, as a neighborly gesture, should repave Antigua Lane with fresh asphalt when the construction is complete; that the proposal creates a problem with neighbors; and that the project should be denied. Bill Metzger, 277 Esplanade Way, offered in kind comments with those made by his wife. Alan Stopek, Efflorescence, Landscape Architect, maintained that the proposal is contrary to the grace and charm of Antigua Lane; that it is too dissimilar; that it will cause confusion; that it runs counter to the balance of the road; and, that approving it sets a dangerous precedent. Attorney Crowley called attention to ARCOM criteria #4, #6, and #7. Mrs. Frisbie, the property owner, showed examples of other Palm Beach homes which she and her husband have built and/or remodeled to make her point that none of them were overdone or insensitive to the neighborhood. She maintained that it would be unfair to require a property owner of an R-A zoned property to have an asphalt driveway. MOTION BY MR. ZUKOV FOR DEFERRAL. MOTION DIED FOR LACK OF A SECOND. Mr. Vila asked the members to consider the aesthetics of the proposal at hand a half circle paved in one material and the other half left in asphalt, together with an odd-shaped planting bed. Commission comments: The addition of an island is a unifying element to the street; dividing the circle creates disunity and discord; two issues the paving (questionable) and the island (fine); the island is a wonderful addition to the end of a cul de sac; island planting is fine with the exception of the Agaves; the brick pavers are discordant; the island makes sense; dividing the circle is offensive; there is historic use of asphalt in the town; opposed to bifurcation of the circle; the uniformity of the lane is important; a full circle with additional greenspace would enhance everyone s property. 13

64 Mr. Hanlon reported that he has discussed the matter with the Frisbies. They have agreed to withdraw the paver portion of the application, if the commission will consider just the landscaped island for approval today. The Frisbies also agree to execute a recordable agreement to maintain the landscaping for perpetuity. MOTION BY MRS. VANNECK FOR APPROVAL OF THE PLANTING CIRCLE ON THE PROPERTY OF THE FRISBIES, AS PRESENTED, WITH THE EXCEPTION OF THE AGAVES. MOTION SECONDED BY MR. ZUKOV. MOTION AMENDED TO INCLUDE THE PROVISION FOR THE HOLD HARMLESS, AND WITH THE PROVISO THAT THE TOWN HAS FINAL APPROVAL OF THE LOCATION OF THE ISLAND IN CONSIDERATION OF TRAFFIC CIRCULATION. MOTION RE-STATED BY MRS. VANNECK FOR APPROVAL WITH THE STIPULATION THAT THE TOWN BE ALLOWED TO LOCATE THE CIRCLE THE ISLAND; THAT THE PAVERS ARE DENIED; THAT THE OWNER OF 445 ANTIGUA LANE IS RESPONSIBLE FOR MAINTAINING THE ISLAND IN PERPETUITY, AND THAT THEY HOLD THE TOWN HARMLESS FOR ACCIDENTAL WHATEVER, AND THAT THEY HAVE TO REMOVE THE ISLAND TO ALLOW THE TOWN TO SERVICE THE SEWER SANITARY SITUATION. MOTION SECONDED BY MR. ZUKOV. MOTION CARRIED UNANIMOUSLY. At this point, Mr. Vila called for a one hour lunch break, but commission members elected to dispense with the lunch break and move forward with the agenda. B New Residence *ARCOM TO MAKE RECOMMENDATION RELATIVE TO VARIANCE* Address: 657 Island Drive Applicant: 657 Island Drive Trust - Maura Ziska, Trustee Architect: Smith and Moore Architects, Inc., Peter Papadopoulos & Daniel Kahan Project Description: New two-story residence. Final landscape, hardscape and swimming pool. Variance for lot coverage requested. Call for disclosure of ex parte communication: Disclosures by several members Let the record show that Mr. Karakul declared a conflict with regard to this project as he is the property owner. Dr. Phillips will be voting in his stead. VARIANCE PRESENTATION BY: Attorney Maura Ziska ARCHITECTURAL PRESENTATION BY: Peter Papadopoulos & Daniel Kahan, Smith and Moore Architects LANDSCAPE PRESENTATION BY: Keith Williams, Nievera Williams Design 14

65 Ms. Ziska discussed the variance requested for lot coverage, and stated that no neighbor objections have been received for this project. Mr. Papadopoulos and Mr. Kahan presented a Contemporary, symmetrical, one-story home with a two-story guest wing, and two side-loaded garages on either side of the house, with the rear of the house opening up completely to the western vista. There is an intention to make the house as green as possible, with low profile solar panels, green roof areas, and geo-thermal a/c systems. The view of the front of the home is obscured by very tall layered hedges. There is a 52 ft. long pool along the lakefront. Keith Willliams presented the landscape/hardscape in accordance with the submitted plans. He stated that the landscape design is very simple and clean a tailored look. MOTION BY MR. ZUKOV THAT IMPLEMENTATION OF THE PROPOSED VARIANCE WILL NOT CAUSE NEGATIVE ARCHITECTURAL IMPACT TO THE SUBJECT PROPERTY. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. Mr. Lindgren stated that two letters were received in support of the project. MOTION BY MR. HOMES FOR APPROVAL AS PRESENTED. MOTION SECONDED BY DR. PHILLIPS. MOTION CARRIED UNANIMOUSLY. B Addition Address: 148 Peruvian Avenue Applicant: Marc and Elise Lefkowitz Architect: Smith and Moore Architects Inc., Peter Papadopoulos Project Description: New two-story addition to existing one-story Bermuda styled home Please be advised that the architect has requested deferral to the May meeting. MOTION BY MRS. VANNECK FOR DEFERRAL TO THE MAY MEETING. MOTION SECONDED BY MR. HOMES. MOTION CARRIED UNANIMOUSLY. B Gates Address: 754 S. County Road Applicant: Bruce & Robbi Toll Designer: Best Metal Work Inc. Project Description: Gates to be installed 25 feet back from street across both driveways Call for disclosure of ex parte communication: Disclosures by several members ARCHITECTURAL PRESENTATION BY: Bruce Toll, Property Owner 15

66 Mr. Toll indicated that the gates are necessary for security reasons. There will be two black gates, one main gate and one service gate, situated 25 ft. back from the street. The cantilevered gates will roll behind existing landscape material. The property owner was asked to have the gates powder coated rather than painted. MOTION BY MRS. VANNECK FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. HOMES. MOTION CARRIED UNANIMOUSLY. C. MINOR PROJECTS - OLD BUSINESS (1:36:20 a.m.) A Awning and signage Address: 238 Worth Avenue Applicant: Burton Handelsman, Property Owner, for MacKenzie-Childs (Store Manager: Renee Bakarian) Architect: Jason P. Drobot, R.A. Project Description: Addition of a fabric awning and signage After hearing the project at the March meeting, the project was deferred to the April meeting. Please note that the architect has requested deferral to the May meeting. MOTION BY MRS. VANNECK FOR DEFERRAL TO THE MAY MEETING. MOTION SECONDED BY MR. HOMES. MOTION CARRIED UNANIMOUSLY. D. MINOR PROJECTS - NEW BUSINESS: A Landscape/Hardscape Address: 210 Ocean Terrace Applicant: Joe Mcdevitt Architect: Environment Design Group Project Description: Demolition and replanting of existing landscape...demolition and new construction of existing driveway and pool patio...addition of new 12 ft. x 12 ft. gazebo in rear yard. Call for disclosure of ex parte communication: Disclosures by several members LANDSCAPE PRESENTATION BY: Frank Meroney, Environment Design Group Mr. Meroney explained that the property owner has requested a reconfiguration of the existing front driveway to allow for less hardscape and more landscape. In the rear, the deck around the pool will be re-addressed and a new gazebo, with overhang, will be introduced. Other design elements include replacing diseased Ficus on the sides of the property with Clusia, introduction of lattice panels to be planted, a tiled bench and urns. Landscape material will be re-worked in the front and rear per the submitted plans, including relocation of existing trees and installation of new landscape material. 16

67 It was noted that the planting plan shows hedges and a fence in an easement which will require an easement agreement. Let the record show that Mr. Zukov left the meeting at 2:00 p.m. MOTION BY MRS. VANNECK FOR APPROVAL AS PRESENTED, WITH THE CAVEAT THAT YOU HAVE TO HOLD THE TOWN HARMLESS FOR THE PLANTING IN THE EASEMENT. MOTION SECONDED BY MESSRS. SAMMONS AND KARAKUL SIMULTANEOUSLY. MOTION CARRIED UNANIMOUSLY. A Awnings Address: 1090 North Lake Way Applicant: 1090 N. Lake Way LLC Architect: Thomas M. Kirchhoff, AIA, P.A. Project Description: New retractable awnings at cabana and main house Call for disclosure of ex parte communication: Disclosure by Mr. Sammons ARCHITECTURAL PRESENTATION BY: Thomas M. Kirchhoff Mr. Kirchhoff requested approval for 3 new retractable white awnings, integrated into the structure, on the main house and on the newly approved cabana. MOTION BY MR. SAMMONS FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. A Landscape Address: 276 Jamaica Lane Applicant: Strathy (as listed on application) Architect: Efflorescence, Alan Stopek Project Description: A revisit of hedge condition from July 27, 2011 meeting Mr. Lindgren offered some history relative to this project, since neither Mr. Stopek nor the property owners had arrived. When the garage was approved in July of 2011, there was a condition that the applicant promised to keep the hedges intact near the garage and at the property line. The hedges were Ficus hedges and were in good shape in July of Later, however, White Fly took its toll on the hedges and they were removed, thereby violating the ARCOM condition. The project architect was contacted to resolve the issue. He contacted the owners, but the matter dragged on and on with no resolution. Mr. Lindgren consulted with Code Enforcement relative to this issue. The owners hired a landscape professional, who has been unable to procure 12 ft. tall landscape material to 17

68 replace that which was removed. Mr. Lindgren would not staff approve a different landscape material at a different height which brought us to today s hearing. MOTION BY MRS. VANNECK TO MOVE THIS ITEM TO THE END OF THE AGENDA, WAITING FOR THE APPLICANTS TO ARRIVE. MOTION SECONDED BY MR. SAMMONS. MOTION CARRIED UNANIMOUSLY. Call for disclosure of ex parte communication: Disclosures by several members Mr. Lindgren read a letter into the record from a neighbor, Cynthia Amling, 277 Jamaica Lane, in support of the proposed project. LANDSCAPE PRESENTATION BY: Alan Stopek, Efflorescence Mr. Stopek provided additional history relative to this situation. He explained that since he has been unable to find 12 ft. landscape material, the applicant is proposing Ficus hedges, properly treated, at a height of 6-7 feet. The property owner, Mrs. Strathy, testified that they were in Canada and were unaware of the problem with the hedge, and further, did not intentionally try to destroy the hedge. MOTION BY MR. KARAKUL TO ALLOW A HEDGE AT 6-7 FEET, BUT ENCOURAGING 7 FEET, AND TO ENCOURAGE THE HEDGE TO GROW TO GET BACK TO COMPLY WITH WHAT WAS DETERMINED BEFORE. MOTION SECONDED BY MR. SAMMONS. MOTION CARRIED UNANIMOUSLY. IX. COMMUNICATIONS FROM CITIZENS (3 MINUTE LIMIT PLEASE): None X. COMMENTS OF THE ARCHITECTURAL COMMISSION AND DIRECTOR OF PLANNING, ZONING AND BUILDING DEPARTMENT: (1:58:55 a.m.) Mr. Page advised the members about a new ordinance (effective April 2, 2012) approved by the Palm Beach County Commission relative to lobbyist identification, and distributed copies of the ordinance to them. Mr. Page provided minimal information about the intent of the ordinance, a definition of the term lobbyist and the need for certain documentation associated with lobbyists. Mr. Page indicated that Mr. Randolph will have an orientation session with the members in the near future to discuss this further. Let the record show that at this point, Project A was taken up again as all parties were present. See above for a full account. 18

69 XI. ADJOURNMENT: MOTION BY DR. PHILLIPS TO ADJOURN THE MEETING AT 2:43 P.M. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. The next meeting of the Architectural Commission will be held on Wednesday, May 23, 2012 at 9:00 a.m. in the Town Council Chambers, 2 nd floor, Town Hall, 360 S. County Road, Palm Beach, Florida. Respectfully submitted, Robert J. Vila, Chairman ARCHITECTURAL COMMISSION cmd 19

70 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 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 a Resolution Supporting a Florida Inland Navigation District Waterways Assistance Program Grant Application. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 25, 2012, from H. Paul Brazil, P.E., Director of Public Works Resolution No Attachment E-6 - FIND Resolution ATM Proposal

71 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Florida Inland Navigation District Grant Application Resolution No Date: April 25, 2012 STAFF RECOMMENDATION Town staff recommends that the Town Council approve Resolution No , authorizing the Mayor to sign a resolution supporting the Town s grant application for funding assistance for the engineering, design, and permitting tasks associated with a Lake Worth Lagoon dredging project. GENERAL INFORMATION On April 10, 2012, Town Council approved the Town staff recommendation to submit a funding application, for Lake Worth Lagoon dredging, through the Florida Inland Navigation District s (FIND) Waterways Assistance Program (WAP). On April 24, 2012, Town staff received a letter from FIND indicating both receipt and review of the Town s initial application. In order to complete the application, a Town Council resolution is required as a commitment for the engineering, design, and permitting effort. The resolution must be provided on or before June 1, 2012, for further consideration of the application by FIND. Resolution No is attached which authorizes the Mayor to sign a FIND form resolution supporting submittal of the grant application. If Town Council elects not to approve Resolution No , Town staff will notify FIND that we are withdrawing our application. Please note that the FIND reimbursement period begins on October 1. Grant assistance will only apply to work completed after this date. The anticipated engineering, design, and permitting costs are approximately $80,000. The maximum reimbursement to the Town for this effort is 50%, or approximately $40,000. Based upon the engineering, design, and permitting process in late 2012 and early 2013, a new WAP application can be submitted to FIND in March 2013 for construction funding participation. The earliest that construction can occur with FIND participation is after October 1, Due to physical surveys yet to be performed, the quantity of sediment to be removed has not been determined. The disposal of material will strongly influence the overall cost of the project. The location of the disposed material is to be determined during the design and permitting.

72 PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. FUNDING/FISCAL IMPACT Staff will include $80,000 for this effort in the Pay-as-You-Go Capital Improvement Program for FY13 to advance the anticipated cost of engineering, design, and permitting. If FIND approves a grant to the Town, the maximum reimbursement is expected to be $40,000. Please note that the amount of the grant will be determined by action of the FIND board of commissioners at their June 2012 meeting. TOWN ATTORNEY REVIEW Town Attorney has reviewed both the Town resolution and FIND resolution and approved both as to legal form and sufficiency. cc: Shore Protection Board Jane Struder, Director of Finance Robert Weber, Coastal Coordinator

73 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A RESOLUTION SUPPORTING A FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM GRANT APPLICATION. * * * * * WHEREAS, the Town is considering engineering, design, and permitting for a Lake Worth Lagoon dredging project; and WHEREAS, the Town has identified the Florida Inland Navigation District (FIND) Waterways Assistance Program for possible funding assistance; and WHEREAS, the Town must include in the funding application a FIND resolution supporting the grant application. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNT, FLORIDA, as follows: Section 1: Section 2: The foregoing recitals are hereby ratified and confirmed. The Town hereby authorizes the Mayor to execute the attached FIND resolution supporting the grant application. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of May Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, MMC, Town Clerk Michael J. Pucillo, Town Council Member

74 ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE 2012 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE Town of Palm Beach is interested in carrying out the following described project for the enjoyment of the citizenry of Town of Palm Beach and the State of Florida: Project Title Lake Worth Lagoon Dredging Project Engineering, Design, and Permitting Total Estimated Cost: $80,000 Brief Description of Project: Engineering, design, and permitting in the development of a construction project to provide marked and dedicated access to approximately 1,000 acres of the Lake Worth Lagoon Estuary. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the Town of Palm Beach that the project described above be authorized, AND, be it further resolved that said Town of Palm Beach make application to the Florida Inland Navigation District in the amount of 50.00% of the actual cost of the project in behalf of said Town of Palm Beach AND, be it further resolved by the Town of Palm Beach that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project Form No (Effective date , Rev )

75 and that the project will be operated and maintained at the expense of said Town of Palm Beach for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Town of Palm Beach Town Council at a legal meeting held on this 8 th day of May Susan A. Owens, MMC, Town Clerk Gail L. Coniglio, Mayor Form No (Effective date , Rev ) (2) Form No (Effective date , Rev )

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81 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 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 a Contract to Applied Technology & Management, Inc. for the Permit Required and Townwide 2012 Annual Physical Monitoring, for the Amount of $113,036, and Establishing a Project Budget of $120,000. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 26, 2012, from H. Paul Brazil, P.E., Director of Public Works Resolution No

82 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Award Contract for Physical Monitoring Resolution No Date: April 26, 2012 STAFF RECOMMENDATION Staff recommends that Town Council approve Resolution No awarding a contract to Applied Technology & Management, Inc. (ATM) for $113,036 and establishing a project budget of $120,000 to complete the State of Florida Department of Environmental Protection (FDEP) permit required and Town-wide annual physical monitoring. GENERAL INFORMATION Physical monitoring of the Town s beaches is essential for coastal management. Physical monitoring provides engineers and regulators the necessary information to track the performance of previously constructed coastal projects and to design permittable storm protection and erosion control projects in the future. The physical monitoring procedure includes surveying both above the water (topographic) and below the water (bathymetric). Each year, the Town performs surveys starting from a given point on land with a known horizontal position and vertical elevation established by the FDEP. Horizontal and vertical data is collected from this given point, perpendicular to shore, out to a specific depth offshore. Using the data, a cross section of each beach profile can be drawn which follows the movement of sand within the profile. The Town is required to provide FDEP with engineering reports for the monitoring of our engineered beaches (Mid-Town and Phipps Ocean Park) within 90 days following completion of the beach profile surveys. The scope of work prepared by both ATM and Sea Diversified, Inc. (SDI) is sufficient to complete the Town s permit obligations for both the field work and the reporting. For the past five (5) annual events, the Town has tasked an engineering consultant to provide a Town-wide analysis of the beach profiles, comparing the newly collected data with the previously collected data. A report is provided to the Town which includes all the Town s beach profiles. This Sediment Budget report assists the Town with keeping track of the sand

83 currently within the coastal system of the Town limits. In order to accomplish this task, surveys are to be conducted Town-wide, beyond the scope of the existing permitting requirements. FUNDING/FISCAL IMPACT ATM s proposal for 2012 physical monitoring tasks, including three (3) engineering reports, totals $113,036. The cost proposal for the 2012 services matches the cost for the same tasks from the 2011 services. Permit required turbidity monitoring is no longer required, and the overall cost of the effort has been reduced. The FY 2012 SPB recommended and Town Council approved Coastal Management Program budget includes sufficient funds for this work. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW This proposed resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachment cc: Jane Struder, Director of Finance Robert Weber, Coastal Coordinator Lynda Venne, Purchasing Agent

84 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO APPLIED TECHNOLOGY & MANAGEMENT, INC. FOR THE PERMIT REQUIRED AND TOWNWIDE 2012 ANNUAL PHYSICAL MONITORING, FOR THE AMOUNT OF $113,036, AND ESTABLISHING A PROJECT BUDGET OF $120,000. * * * * * BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1: The Town of Palm Beach contract for Annual Physical Monitoring Services is hereby awarded to Applied Technology & Management, Inc. for $113,036, and a budget of $120,000 is hereby established for this project. Section 2: The Town Manager is hereby authorized and directed to execute a contract on behalf of the Town of Palm Beach for the Annual Physical Monitoring Services contract with Applied Technology & Management, Inc. Section 3: The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the completion of the 2012 Annual Physical Monitoring Services contract to satisfy Town obligations to the State of Florida Department of Environmental Protection.

85 PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of May Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, MMC, Town Clerk Michael J. Pucillo, Town Council Member Res. No Page 2

86 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 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 a Contract to Kimley-Horn and Associates, Inc. in the Amount of $33,725 for Groundwater Monitoring, Establishing a Monitoring Phase Budget of $38,000 for Said Groundwater Monitoring, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Project. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 17, 2012, from H. Paul Brazil, P.E., Director of Public Works Resolution No

87 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Award Contract for Groundwater Monitoring for the A-39 Pump Station Soil Remediation Resolution No DATE: April 17, 2012 STAFF RECOMMENDATION Staff recommends that Town Council approve Resolution No authorizing the award of the groundwater monitoring contract for A-39 Pump Station Remediation to Kimley-Horn and Associates, Inc. (KH) in the amount of $33,725 and establishing a monitoring phase budget of $38,000. GENERAL INFORMATION On November 8, 2011, Town Council approved Resolution No , awarding Hendry Corporation the task of remediating the contaminated soil adjacent to Pump Station A-39, located at Phipps Ocean Park. The work was successfully completed by February of The project will now transition to the site natural attenuation monitoring phase. During this phase, the monitoring will determine if the contaminated groundwater concentrations are decreasing due to the soil remediation effort. The groundwater at this location will be monitored by sampling eight monitoring wells over the next year. The information obtained will allow FDEP to determine what remediation measures, if any, are necessary to address any groundwater contamination. After a year of monitoring, if the groundwater contamination levels decrease then the FDEP will state no further work is necessary. However, if the levels increase then a new assessment will be necessary to once again identify the source. The cost will be dependent on the level of remediation necessary. We cannot estimate a budget at this time. FUNDING/FISCAL IMPACT This task and the project as a whole is being fully funded by the Risk Fund Reserve for Catastrophic Exposures/Emergencies. The Town may be successful in recouping a portion of this claim. Pursuant to the Town s financial policy pertaining to the use of the referenced Risk Fund

88 Reserve, the Town Manager hereby advises the Town Council of the necessity to draw on the Risk Reserve as all, or a large portion of the cost is an uninsured claim. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW This proposed resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachment cc: Thomas Bradford, Deputy Town Manager Jane Struder, Director of Finance James M. Bowser, P.E., Town Engineer Jeffrey Sanon, P.E., Project Engineer Douglas Terry, Water Resources Division Manager Karen Temme, Risk Manager Lynda Venne, Purchasing Agent

89 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $33,725 FOR GROUNDWATER MONITORING, ESTABLISHING A MONITORING PHASE BUDGET OF $38,000 FOR SAID GROUNDWATER MONITORING, AND AUTHORIZING THE TOWN MANAGER TO TAKE ACTIONS NECESSARY TO COMPLETE SAID PROJECT. * * * * * BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1. The Groundwater Monitoring contract is hereby awarded to Kimley-Horn and Associates, Inc. for their proposal amount of $33,725, with a monitoring phase budget of $38,000. Section 2. The Town Manager is hereby authorized and directed to execute a purchase order on behalf of the Town of Palm Beach for groundwater monitoring with Kimley-Horn and Associates, Inc. Section 3. The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the completion of the monitoring phase for A-39 Pump Station Soil Remediation. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of May Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, MMC, Town Clerk Michael J. Pucillo, Town Council Member

90 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 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 a Contract to Marina Utilities in the Amount of $124,600 for the Fire Line Replacement for the Australian and Brazilian Docks, Establishing a Construction Phase Budget of $137,000 for Said Services, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 20, 2012, from H. Paul Brazil, P.E., Director of Public Works Resolution No Bid Tab Sheets

91 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Award Construction Contract for Fire Line Replacement for Australian and Brazilian Dock Bid Resolution No DATE: April 20, 2012 STAFF RECOMMENDATION Town staff recommends that Town Council approve Resolution No authorizing the Town Manager to enter into a construction contract with Marina Utilities in the amount of $124,600 for Fire Line Replacement for the Australian and Brazilian Docks, and establishing a construction phase budget of $137,000. GENERAL INFORMATION The existing fire lines at the Brazilian and Australian Docks were installed in 1993 and 1997 respectively. The Town has had to make several repairs to the steel fire line due to the harsh saltwater environment and the daily submergence of line. It is now necessary to replace these lines to assure proper fire protection. At the request of the Recreation Department, Public Works solicited bids for the replacement of the existing fire line. Bids were received by the Town s Purchasing Department from three vendors on April 18, A copy of the bid tabulation sheet is attached. FUNDING/FISCAL IMPACT Funding will be from Recreation Enterprise Fund s Contingency Account. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and award is recommended to the lowest responsive responsible bidder, Marina Utilities, in the amount of $124,600 for the alternate bid for the HDPE Fire Line.

92 TOWN ATTORNEY REVIEW This proposed resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachments cc: Jay Boodheswar, Director of Recreation James M. Bowser, P.E., Town Engineer Michael Roach, P.E., Project Engineer

93 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO MARINA UTILITIES IN THE AMOUNT OF $124,600 FOR THE FIRE LINE REPLACEMENT FOR THE AUSTRALIAN AND BRAZILIAN DOCKS, ESTABLISHING A CONSTRUCTION PHASE BUDGET OF $137,000 FOR SAID SERVICES, AND AUTHORIZING THE TOWN MANAGER TO TAKE ACTIONS NECESSARY TO COMPLETE SAID IMPROVEMENTS * * * * * BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1. The Town of Palm Beach Fire Line Replacement for the Australian and Brazilian Docks contract is hereby awarded to Marina Utilities for their proposal amount of $124,600, with a total construction phase budget of $137,000. Section 2. The Town Manager is hereby authorized and directed to execute a purchase order on behalf of the Town of Palm Beach Fire Line Replacement for the Australian and Brazilian Docks construction services with Marina Utilities. Section 3. The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the completion of the Fire Line Replacement for the Australian and Brazilian Docks. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of May Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, MMC, Town Clerk Michael J. Pucillo, Town Council Member

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97 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 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 a Contract to Johnson-Davis, Inc., in the Amount of $539,875 for the Gravity Sanitary Sewer and Stormwater Corrugated Pipe Replacement, Establishing a Construction Phase Budget of $594,000 for Said Services, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 17, 2012, from H. Paul Brazil, P.E., Director of Public Works Resolution No Bid Tab Sheets

98 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P. E., Director of Public Works Award Construction Contract for Gravity Sanitary Sewer and Stormwater Corrugated Pipe Replacement Resolution No DATE: April 17, 2012 STAFF RECOMMENDATION Town staff recommends that Town Council approve Resolution No authorizing the Town Manager to enter into an agreement for construction services with Johnson-Davis, Inc. in the amount of $539,875 for Gravity Sanitary Sewer and Stormwater Corrugated Pipe Replacement, and establishing a construction phase budget of $594,000. GENERAL INFORMATION The Gravity Sanitary Sewer Replacement and the Stormwater Corrugated Pipe Replacement projects are part of the Accelerated Capital Improvement Program to replace aging and the declining infrastructure. The Town s consultants reviewed tapes and locations for both sanitary gravity sewer and stormwater corrugated metal pipe identified by Town staff as having multiple pipe failures. The Town s engineering consultant firm, C3TS, prepared plans and specifications to make improvements to Gravity Sanitary Sewer lines identified needing repair. The Stormwater Corrugated Pipe replacement Plans and specifications for this project was prepared by the consultant Mock Roos and Associates. The Consultants identified to staff those failing pipes to be replaced (dig up) and the pipes that could be lined. The Gravity Sanitary Sewer and Stormwater Corrugated Pipe Replacement projects were combined due to similarities in construction repair methods. Staff is requesting authorization of the replacement (dig up) scope of work at this meeting. It is staff s intention to present the lining construction scope of work at a later date. This work will be done by a different type of contractor. Johnson-Davis, Inc, the low bid contractor will be working to replace the identified gravity sanitary sewer and/or stormwater corrugated pipes on S. County Road, Sunset Avenue, Island Road, Island Drive, Hibiscus Avenue, Lake Way, East Woods Road and in the easement between Australian and Brazilian Avenues. A copy of the bid tabulation sheet is attached. Significant traffic impacts are anticipated in the immediate work area. Detours will be

99 established and adjacent residents will be notified. Because these are isolated repairs, the duration of work at each location will be relatively short. Pavement restoration will meet the Town s new criteria. FUNDING/FISCAL IMPACT Funding for this project is fully contained within the Accelerated Capital Improvement Program. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and recommend award to the lowest responsive responsible bidder, Johnson-Davis, Inc. TOWN ATTORNEY REVIEW This proposed resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachments cc: Eric Brown, P.E., Assistant Director of Public Works/Operations James Bowser, P.E., Town Engineer Douglas Terry, Water Resources Division Manager Mike Roach, P.E., Project Engineer

100 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO JOHNSON-DAVIS, INC, IN THE AMOUNT OF $539,875 FOR THE GRAVITY SANITARY SEWER AND STORMWATER CORRUGATED PIPE REPLACEMENT, ESTABLISHING A CONSTUCTION PHASE BUDGET OF $594,000 FOR SAID SERVICES, AND AUTHORIZING THE TOWN MANAGER TO TAKE ACTIONS NECESSARY TO COMPLETE SAID IMPROVEMENTS * * * * * BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1. The Town of Palm Beach Gravity Sanitary Sewer and Stormwater Corrugated Pipe Replacement contract is hereby awarded to Johnson-Davis, Inc for their proposal amount of $539,875, with a construction phase budget of $594,000. Section 2. The Town Manager is hereby authorized and directed to execute a purchase order on behalf of the Town of Palm Beach for the Gravity Sanitary Sewer and Stormwater Corrugated Pipe Replacement services with Johnson-Davis, Inc. Section 3. The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the implementation of these construction phase services in conjunction with the Accelerated Capital Improvement Program PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of May Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, MMC, Town Clerk Michael J. Pucillo, Town Council Member

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104 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 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 a Contract to Mock Roos and Associates, Inc., in the Amount of $13,762 for the Stormwater Corrugated Pipe Replacement Engineering and Inspection Services, Establishing a Budget of $15,150 for Said Services, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 20, 2012, from H. Paul Brazil, P.E., Director of Public Works Resolution No

105 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Award Contract for Stormwater Corrugated Pipe Replacement Engineering and Inspection Services Resolution No DATE: April 20, 2012 STAFF RECOMMENDATION Staff recommends that Town Council approve Resolution No awarding a construction phase services contract in the amount of $13,762 to Mock Roos and Associates, Inc. (Mock Roos) for Engineering services associated with the Stormwater Corrugated Pipe Replacement Project, and establishing an engineering and inspection service budget of $15,150. GENERAL INFORMATION The Stormwater Corrugated Pipe Replacement Project within the Accelerated Capital Improvement Program has two phases of work. The first phase consists of replacement of existing pipe. The second phase will consist of lining of other existing pipe sections. The second phase of work will be presented at a future meeting. The bids for the Stormwater Corrugated Pipe replacement (Dig up) have been received and a companion item to award a construction contract to Johnson-Davis, Inc. is also on the May 8 Council agenda. Mock Roos will provide construction phase services including construction observation, progress reports, technical support for shop drawings, submittal reviews, RFI s, final inspection, punchlist preparation, review of pay requests, and record drawings. FUNDING/FISCAL IMPACT Funding for this project is included in the Accelerated Capital Improvement Program. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended.

106 TOWN ATTORNEY REVIEW This proposed resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachment Cc: Eric Brown, P.E., Assistant Director of Public Works James Bowser, P.E., Town Engineer Douglas Terry, Water Resources Division Manager Michael Roach, P.E., Project Engineer

107 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO MOCK ROOS AND ASSOCIATES, INC., IN THE AMOUNT OF $13,762 FOR THE STORMWATER CORRUGATED PIPE REPLACEMENT ENGINEERING AND INSPECTION SERVICES, ESTABLISHING A BUDGET OF $15,150 FOR SAID SERVICES, AND AUTHORIZING THE TOWN MANAGER TO TAKE ACTIONS NECESSARY TO COMPLETE SAID IMPROVEMENTS * * * * * BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1. The Town of Palm Beach Stormwater Corrugated Pipe replacement Engineering and Inspection Services contract is hereby awarded to Mock Roos and Associates, Inc. for their proposal amount of $13,762, with a construction engineering and inspection service phase budget of $15,150. Section 2. The Town Manager is hereby authorized and directed to execute a purchase order on behalf of the Town of Palm Beach for Stormwater Corrugated Pipe Replacement Engineering and Inspection services with Mock Roos. Section 3. The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate these services for the Stormwater Corrugated Pipe Replacement Project. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of May Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, MMC, Town Clerk Michael J. Pucillo, Town Council Member

108 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 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 a Contract to Corzo, Castella, Carballo, Thompson and Salman, in the Amount of $14, for Gravity Sanitary Sewer Replacement Engineering and Inspection Services, Establishing a Budget of $15,625 for Said Services, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 17, 2012, from H. Paul Brazil, P.E., Director of Public Works Resolution No

109 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Award Contract for Gravity Sanitary Sewer Replacement Engineering and Inspection Services Resolution No DATE: April 17, 2012 STAFF RECOMMENDATION Staff recommends that Town Council approve Resolution No awarding a construction phase services contract in the amount of $14, to Corzo, Castella, Carballo, Thompson and Salman (C3TS), for engineering services associated with the Gravity Sanitary Sewer Replacement Project, and establishing an engineering service budget of $15,625. GENERAL INFORMATION The Gravity Sanitary Sewer Pipe Replacement Project within the Accelerated Capital Improvement Program had two scopes of work- Replacement of existing pipe (Dig up) and Lining of existing pipe. The bids for the Gravity Sanitary Sewer Pipe replacement (Dig up) have recently been received and a companion item to award a construction contract to Johnson-Davis, Inc., is on the May 8 Council agenda. C3TS will provide construction phase services including construction observation, progress reports, technical support for shop drawings, submittal reviews, RFI s, final inspection, punchlist preparation, review of pay requests, and record drawings. The lining of additional Gravity Sanitary Sewer pipe will be bid later this year. FUNDING/FISCAL IMPACT Funding for this project is included in the Accelerated Capital Improvement Program. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended.

110 TOWN ATTORNEY REVIEW This proposed resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachment cc: Eric Brown, P.E., Assistant Director of Public Works/Operations James Bowser, P.E., Town Engineer Douglas Terry, Water Resources Division Manager Mike Roach, P.E., Project Engineer

111 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO CORZO, CASTELLA, CARBALLO, THOMPSON AND SALMAN, IN THE AMOUNT OF $14, FOR GRAVITY SANITARY SEWER REPLACEMENT ENGINEERING AND INSPECTION SERVICES, ESTABLISHING A BUDGET OF $15,625 FOR SAID SERVICES, AND AUTHORIZING THE TOWN MANAGER TO TAKE ACTIONS NECESSARY TO COMPLETE SAID IMPROVEMENTS * * * * * BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1. The Town of Palm Beach Gravity Sanitary Sewer Replacement Engineering and Inspection Services contract is hereby awarded to Corzo, Castella, Carballo, Thompson and Salman C3TS for their proposal amount of $14,206.92, with a total construction phase services budget of $15,625. Section 2. The Town Manager is hereby authorized and directed to execute a purchase order on behalf of the Town of Palm Beach for Gravity Sanitary Sewer Replacement Engineering and Inspection services with C3TS. Section 3. The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate these services for the Gravity Sanitary Sewer Replacement Project. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of May Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, MMC, Town Clerk Michael J. Pucillo, Town Council Member

112 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 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 a Contract to Corzo, Castella, Carballo, Thompson and Salman, in the Amount of $54,500 for the Ejector Station Force Main and Air Line Replacement Project, Establishing a Design and Bid Phase Budget of $60,000 for Said Improvements, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 20, 2012, from H. Paul Brazil, P.E., Director of Public Works Resolution No

113 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Award of Contract for Design Services Ejector Station Force Main and Air Line Replacement Resolution No Date: April 20, 2012 STAFF RECOMMENDATION Staff recommends that Town Council approve Resolution No authorizing the award of the Ejector Stations Force Main and Air Line Replacement Design Services contract in the amount of $54,500 to Corzo, Castella, Carballo, Thompson and Salman (C3TS), and establishing a design and bid phase budget of $60,000. GENERAL INFORMATION Contained within the current Accelerated Capital Improvement Program is the design and construction of upgrades to the Town s twenty one (21) multi-family ejector pump stations. The work will consist of designs for concrete pump station cans to replace the existing metal cans and replacement pumps for all ejector stations. This work was awarded to C3TS by Resolution No on January 10, These stations discharge to the A-7 and A-39 pump stations that will be improved as separate projects. Town staff has determined that the air pressure lines and the return force mains to 18 of the ejector stations need to be replaced. The age and condition of these mains warrant their replacement. This work should be done concurrently with the ejector station upgrades. Funds to replace these air lines and force mains are available in the Town s Pay-As-You-Go Capital Improvement Fund. We have negotiated a design and construction documents contract with C3TS in the amount of $54,500. Staff also recommends a project contingency of $5,500 resulting in a total estimated design phase budget of $60,000. FUNDING/FISCAL IMPACT The design phase of this project is anticipated to be $60,000. The construction phase of this project is anticipated to be on the order of $800,000. Funding for this Capital Improvement Project is available within the Pay-As-You-Go Capital Improvement Fund.

114 PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW This proposed resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachment cc: Eric B. Brown, P.E., Assistant Director of Public Works James M. Bowser, P.E., Town Engineer Charles R. Langley, P.E., Senior Project Engineer Douglas Terry, Water Resources Division Manager

115 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO CORZO, CASTELLA, CARBALLO, THOMPSON AND SALMAN, IN THE AMOUNT OF $54,500 FOR THE EJECTOR STATION FORCE MAIN AND AIR LINE REPLACEMENT PROJECT, ESTABLISHING A DESIGN AND BID PHASE BUDGET OF $60,000 FOR SAID IMPROVEMENTS, AND AUTHORIZING THE TOWN MANAGER TO TAKE ACTIONS NECESSARY TO COMPLETE SAID IMPROVEMENTS * * * * * BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1. The Ejector Stations Force Main and Air Line Replacement contract is hereby awarded to Corzo, Castella, Carballo, Thompson and Salman (C3TS) for their proposal amount of $54,500, with a total design and bid phase budget of $60,000. Funding is from the Town s Pay-As-You-Go Capital Improvement Fund. Section 2. The Town Manager is hereby authorized and directed to execute a purchase order on behalf of the Town of Palm Beach for design and construction document services with C3TS. Section 3. The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the completion of the design and construction documents, and bid phase services for the Ejector Stations Force Main and Air Line Replacement project. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of May Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, MMC, Town Clerk Michael J. Pucillo, Town Council Member

116 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Resolutions Agenda Title RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending Exhibit B (Sketch & Legal Description) of Town Council Resolution No So as to Fully Delineate the Entirety of the Parcels to Be Assessed Within the Via Fontana Underground Utilities Assessment Area; Providing for the Mailing of this Resolution; and Providing an Effective Date. Presenter Thomas G. Bradford, Deputy Town Manager Supporting Documents Memorandum dated April 24, 2012, from Thomas G. Bradford, Deputy Town Manager Resolution No Attachment 1 - Legal Description Attachment 1 - Sketch

117 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: Mayor and Town Council Peter B. Elwell, Town Manager From: Thomas G. Bradford, Deputy Town Manager Re: A Resolution to Correct the Sketch and Legal Description for the Via Fontana Underground Project Assessment Area Resolution No Date: April 24, 2012 STAFF RECOMMENDATION Staff recommends that the Town Council adopt Resolution No Adoption of this resolution corrects the sketch and legal description associated with the Via Fontana Underground Project Area adopted by Resolution No at the Town Council meeting on December 13, The Property Appraiser s office has requested more specificity in the sketch and associated legal description. GENERAL INFORMATION At the Town Council meeting on December 13, 2011, a public hearing to adopt a proposed resolution of intent to create an assessment program for the Via Fontana Underground Project Area for conversion of overhead utility service to underground service was held and Resolution No was adopted. Resolution No included exhibits that provided the required proof of publication of the notice of the Town s intent to assess for the proposed improvements and the referenced sketch and legal description. Subsequently, the Property Appraiser s office contacted the Town to request additional specificity in the sketch and legal description. The Property Appraiser s office has requested that the beachfront parcels located on the east side of South Ocean Boulevard associated with each of the four parent parcels within the Via Fontana assessment area be included in both the sketch and legal description. Town staff has no objection to this request, but it requires a resolution amending the previously approved sketch and legal description for the Via Fontana assessment area. Accordingly, Resolution has been prepared to address the request of the Property Appraiser s office. FUNDING/FISCAL IMPACT There are no direct expenditures that the Town incurs by making this proposed change.

118 TOWN ATTORNEY REVIEW This Resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachment cc: H. Paul Brazil, Director of Public Works Jane Struder, Director of Finance Danny Brannon, P.E., Brannon and Gillespie John C. Randolph, Town Attorney Heather Encinosa, Esq. n:\town manager\tgb\agenda items\2012\backup memo res no xx-2012 correct sketch and legal description for via fontana ug tcm.doc

119 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING EXHIBIT B (SKETCH & LEGAL DESCRIPTION) OF TOWN COUNCIL RESOLUTION NO SO AS TO FULLY DELINEATE THE ENTIRETY OF THE PARCELS TO BE ASSESSED WITHIN THE VIA FONTANA UNDERGROUND UTILITIES ASSESSMENT AREA; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Palm Beach, Florida (the "Town"), contemplated the imposition of a non-ad valorem assessment for the provision of certain capital improvements and related services within the Via Fontana Underground Utilities Assessment Area at a duly noticed public hearing on December 13, 2011; and WHEREAS, after consideration of public comments at the public hearing on December 13, 2011, the Town Council unanimously adopted Resolution No setting forth its intention to create an assessment program for the Via Fontana Underground Project Area for conversion of overhead utility service to underground service; and WHEREAS, Resolution No included an Exhibit B which consisted of a sketch and legal description of the proposed Via Fontana Underground Utilities Assessment Area; and WHEREAS, the Property Appraiser s office has requested that the Town amend the referenced sketch and legal description so as to provide for the entirety of the parcels to be assessed to include those portions of each affected parcel east of South Ocean Boulevard. 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. Exhibit B of Resolution No is hereby amended to include the revised sketch and legal description for the Via Fontana Underground Utilities Assessment Area, attached hereto as Attachment 1, to include the entirety of the affected parcels, including that portion of said parcels located seaward of South Ocean Boulevard. Section 3. Upon adoption, the Town Manager, or his designee, is hereby directed to send a copy of this Resolution by United States Certified Mail to the Florida Department of Revenue, the Palm Beach County Tax Collector, and the Palm Beach County Property Appraiser. Resolution No

120 . Section 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 8 th day of May Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, President Pro Tem William J. Diamond, Town Council Member ATTEST: Susan A. Owens, MMC, Town Clerk Richard M. Kleid, Town Council Member Michael J. Pucillo, Town Council Member Resolution No

121 ATTACHMENT 1

122 ATTACHMENT 1

123 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 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 a Contract to Tetra Tech, Inc. for Permit Required Annual 2012 Post-Construction Phipps Ocean Park Biological Monitoring Services for thetown of Palm Beach, in the Amount of $47, and Establishing a Project Budget of $53,000. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Tetra Tech, Inc. for Mid-Town Project Mitigation and Monitoring Plan Services for the Town of Palm Beach, in the Amount of $73, and Establishing a Project Budget of $85,000. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 26, 2012, from H. Paul Brazil, P.E., Director of Public Works Resolution No Resolution No

124 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Award Contract for Phipps Ocean Park Post-Construction Biological Monitoring Resolution No Award Contract for Mid-Town Project Mitigation and Monitoring Plan Resolution No Date: April 26, 2012 STAFF RECOMMENDATION Staff requests that Town Council approve the Shore Protection Board (SPB) recommendation and authorize the Town Manager to enter into a contract to Tetra Tech, Inc. (Tetra Tech) for $47, and establish a project budget of $53,000 to complete the State of Florida Department of Environmental Protection (FDEP) permit required annual 2012 post-construction Phipps Ocean Park biological monitoring, and a contract to Tetra Tech for $73, and establish a project budget of $85,000 to conduct Mid-Town Project Mitigation and Monitoring Plan permitting services. GENERAL INFORMATION Biological monitoring of the Town s beach projects is a regulatory permit obligation. Staff has obtained proposals for monitoring that is necessary for two of our ongoing projects. PHIPPS OCEAN PARK/REACH 7 PERMIT REQUIREMENT The dune construction project completed in 2011 in Reaches 7 and 8 (permitted under the Phipps Ocean Park project), requires post-construction biological monitoring to be performed 12 months post construction. We have received a time and materials, not to exceed proposal for $47, for this effort. This is consistent with our anticipated cost for this effort. MID-TOWN As the Town prepares to begin the permitting process for the next Mid-Town beach renourishment project, Town staff has been working with FDEP staff to address environmental concerns associated with the previous Mid-Town projects in 2003 and Tetra Tech has conducted fieldwork and analyzed the results through a Unified Mitigation Assessment Method (UMAM) assessment to quantify secondary impacts. These quantified impacts will be initially discussed by Town staff, FDEP staff, and the Tetra Tech/Coastal Eco-Group team on May 2,

125 2012. Town staff expects to have one (1) or two (2) follow-up meetings to continue the compensatory mitigation discussion. Once the meetings have been held, and the regulatory agencies complete and submit formal declarations of appropriate mitigation, Town staff expects that a permit application will need to be prepared and submitted to both FDEP and the U.S. Army Corps of Engineers (USACE). Tetra Tech s proposal, includes a time-and-materials not-to-exceed fee in the amount of $73,736.74, which is expected to cover the costs of getting the State and Federal permits in place to satisfy compensatory mitigation requirements associated with the 2003 and 2006 projects. Due to the expected Town staff participation at FDEP in Tallahassee, a project budget of $85,000 is recommended. FUNDING/FISCAL IMPACT Sufficient funds exist in the Coastal Management Fund to complete these biological monitoring services. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW This proposed resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachments cc: Jane Struder, Director of Finance Robert Weber, Coastal Coordinator Lynda Venne, Purchasing Agent

126 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO TETRA TECH, INC. FOR PERMIT REQUIRED ANNUAL 2012 POST-CONSTRUCTION PHIPPS OCEAN PARK BIOLOGICAL MONITORING SERVICES FOR THE TOWN OF PALM BEACH, IN THE AMOUNT OF $47, AND ESTABLISHING A PROJECT BUDGET OF $53,000. * * * * * * BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1: The Town of Palm Beach contract for permit required annual 2012 post-construction Phipps Ocean Park biological monitoring services is hereby awarded to Tetra Tech, Inc. for the bid amount of $47,407.30, and establishing a not to exceed budget of $53,000. Section 2: The Town Manager is hereby authorized and directed to execute said contract on behalf of the Town of Palm Beach for permit required annual 2012 post-construction Phipps Ocean Park biological monitoring services with Tetra Tech, Inc. Section 3: The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the completion of the permit required annual 2012 postconstruction Phipps Ocean Park biological monitoring. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of May Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, MMC, Town Clerk Michael J. Pucillo, Town Council Member

127 RESOLUTION NO A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO TETRA TECH, INC. FOR MID-TOWN PROJECT MITIGATION AND MONITORING PLAN SERVICES FOR THE TOWN OF PALM BEACH, IN THE AMOUNT OF $73, AND ESTABLISHING A PROJECT BUDGET OF $85,000. * * * * * * BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1: The Town of Palm Beach contract for Mid-Town Project Mitigation and Monitoring Plan services is hereby awarded to Tetra Tech, Inc. for the bid amount of $73,736.74, and establishing a not to exceed budget of $85,000. Section 2: The Town Manager is hereby authorized and directed to execute said contract on behalf of the Town of Palm Beach for Mid-Town Project Mitigation and Monitoring Plan services with Tetra Tech, Inc. Section 3: The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the completion of the Mid-Town Project Mitigation and Monitoring Plan. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 8th day of May Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, MMC,Town Clerk Michael J. Pucillo, Town Council Member

128 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent - Other Agenda Title Public Works Committee Meeting of March 6, Presenter Michael J. Pucillo, Town Council Member Supporting Documents Report of Public Works Committee Meeting Held on March 6, 2012

129 REPORT OF THE PUBLIC WORKS COMMITTEE HELD ON TUESDAY, MARCH 6, I. CALL TO ORDER AND ROLL CALL The Public Works Committee meeting was called to order on Tuesday, March 6, 2012, at 1:00 p.m., in the Town Council Chambers. On roll call, Chairman Pucillo and Committee Member Kleid were present. II. APPROVAL OF AGENDA The following changes were made to the Agenda: ADDITION: Update regarding the upcoming Sewer Force Main Project. Motion was made by Committee Member Kleid and seconded by Chairman Pucillo to approve the Agenda, as amended. On roll call, the motion carried unanimously. III. PUBLIC COMMENT None IV. MERRAIN ROAD INTERSECTION IMPROVEMENT Director of Public Works Brazil provided an overview of the issues regarding the intersection, and the proposed project. Motion was made by Committee Member Kleid and seconded by Chairman Pucillo to approve the Merrain Road Intersection Improvement Project. On roll call, the motion carried unanimously. Chairman Pucillo added that there was a similar situation on Miraflores Drive. By consensus, Staff was directed to look into the situation at Miraflores Drive, and to work with the residents on a possible solution. V. RIGHT-OF-WAY MANUAL UPDATE

130 REPORT OF THE PUBLIC WORKS COMMITTEE MEETING HELD ON TUESDAY, MARCH 6, Director of Public Works Brazil provided an overview of Staff s recommended amendments to the Right-of-Way Manual. Director of Public Works Brazil provided an overview of Staff s recommendations for the following Right-of-Way Manual-related items: hiring a temporary seasonal employee to assist with right-of-way inspections, and utility company inspector requirements for significant projects. Chris Cannino, Senior Engineer, Florida Public Utilities, spoke regarding cost differentials for property owners choosing to hook up to gas versus electric. Motion was made by Committee Member Kleid and seconded by Chairman Pucillo to amend Staff s recommendations as listed below, and to approve the Right-of-Way Manual, and related items, as amended. On roll call, the motion carried unanimously. VI. 1. The pavement restoration requirements with respect to milling and resurfacing of roadway cuts shall be expanded as set forth in staff s recommendation, with the exception that residential sanitary sewer lateral projects that do not include major renovation or redevelopment of the property will be excluded and will only be required to meet current pavement restoration requirements; 2. The right of way permit fee schedule shall be revised as recommended by Staff in Alternative 3, and metered parking fees shall be increased to $40 per day and $880 per month for each affected space; 3. The Committee considered but took no action on Staff s recommendation to establish a $1,000 per day fee for any work that exceeds the time allowed in the applicable permit; 4. The Committee approved the hiring of a temporary seasonal employee to assist with right-of-way inspections during the summer 2012 peak construction season; and 5. The Committee approved a requirement that utility companies performing any significant utility projects must hire an outside project inspector who will report to the Town and oversee the work for compliance with all plans, specifications, and applicable Town regulations. ACCELERATED CAPITAL IMPROVEMENT PROGRAM Item Added to the Agenda: Sewer Force Main Project Update Director of Public Works Brazil provided an update on the Sewer Force Main Project and the accompanying road closures. A. Pump Station S-2 Inline Booster Station Project PWC Mtg. / Page 2 of 4

131 REPORT OF THE PUBLIC WORKS COMMITTEE MEETING HELD ON TUESDAY, MARCH 6, Ted Cooney, 495 N. Lake Way, Chairman Landmarks Preservation Commission, spoke regarding the aesthetics of the S-2 Inline Booster Station. Motion was made by Committee Member Kleid and seconded by Chairman Pucillo to approve Staffs recommendations for the Pump Station S-2 Inline Booster Station Project. On roll call, the motion carried unanimously. Clerk s Note: The above item was considered and acted upon simultaneously with the below item. B. A-5 and A-6 Pump Station Improvements See above action. C. Street Light Replacement Program Ted Cooney, 495 N. Lake Way, Chairman Landmarks Preservation Commission, spoke regarding the aesthetics of the aluminum street light poles and supported making them the standard within the Town. He provided historical photos of street lights within the Town to the Committee. He also expressed concerns over the height and brightness of some of the street lights. Motion was made by Chairman Pucillo and seconded by Committee Member Kleid to approve Staff s recommendations for the Street Light Replacement Program, with the exception that the Town would offer to replace old cement poles with new ones provided that the property owners pay 100% of the incremental costs, over the cost of the approved streetlights, and that at least 80% of the property owners along that street approve of the cement replacements. Any leftover poles will be used along the stretch of North County Road from Wells Road to Sunset Avenue. On roll call, the motion carried unanimously. VII. TRANSITION TO A NEW TOWN ENGINEER Motion was made by Committee Member Kleid and seconded by Chairman Pucillo to approve Staff s recommendations for a Town Engineer Transition Plan. On roll call, the motion carried unanimously. VIII. YARD TRASH LANDFILL PERMITTING AND OPERATIONS Director of Public Works Brazil gave an informational presentation regarding upcoming issues with yard trash landfill permitting and operations. IX. EAST CENTRAL REGIONAL WATER RECLAMATION FACILITY SOLIDS HANDLING IMPROVEMENTS PWC Mtg. / Page 3 of 4

132 REPORT OF THE PUBLIC WORKS COMMITTEE MEETING HELD ON TUESDAY, MARCH 6, Director of Public Works Brazil gave an informational presentation regarding upcoming issues with the East Central Regional Water Reclamation Facility solids handling improvements. X. ANY OTHER MATTERS None XI. ADJOURNMENT There being no further business, the Public Works Committee Meeting of Tuesday, March 6, 2012, was adjourned at 2:56 p.m. APPROVED: Michael J. Pucillo Chairman PWC Mtg. / Page 4 of 4

133 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent - Other Agenda Title Reject All Bids for Construction of Mid-Town Beach Public Restrooms Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 23, 2012, from H. Paul Brazil, P.E., Director of Public Works

134 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Reject All Bids for Construction of Mid-Town Beach Public Restrooms Date: April 23, 2012 STAFF RECOMMENDATION Mayor Coniglio and Town Staff recommend that Town Council reject all bids related to Bid No for the construction of the Mid-Town Beach Restrooms. GENERAL INFORMATION At the December 13, 2011, Town Council meeting, the Town Council authorized staff to retain architect Mark Marsh to prepare detailed design documents for the proposed restrooms at Mid- Town Beach and to proceed with the bidding process. Town Council s action included the condition that 100% of the estimated $175,000 cost be paid with donations. The work includes interior renovations to the existing Mid-Town Beach lifeguard building in order to provide public restroom facilities without expanding or changing the footprint of the existing structure. The only exterior addition will be the new ADA access ramp on the north side of the existing structure. Mr. Marsh prepared the design plans, and on April 25, 2012, the bid opening was held. The lowest responsible bid was received from Cityworks Construction, LLC in the amount of $223, With design fees, permitting, contract administration and project contingency, a project budget of $293, is needed. The structure of the bid request does not allow Staff to negotiate with the low bidder in an effort to reduce the project cost. The only option is to reject all bids and to work with Mr. Marsh to see what project elements can be deleted in an effort to bring the cost down. We will also discuss the project with the bidders to try to understand why the bids are higher than the project cost estimate. After revising the project design documents, we will re-bid this project. Completion of the project is still anticipated prior to Thanksgiving. FUNDING/FISCAL IMPACT There is no cost associated with rejecting these bids. Mayor Coniglio is working toward raising the additional private donations necessary for funding the construction of this project.

135 PURCHASING REVIEW This item has been reviewed by the Purchasing Division, which agrees with the recommendation to reject all bids. cc: Kirk Blouin, Director of Public Safety Jane Struder, Director of Finance Eric B. Brown, P.E., Assistant Director of Public Works James M. Bowser, P.E., Town Engineer Brodie Atwater, Assistant Fire Rescue Chief Jeffrey Sanon, P.E., Project Engineer Douglas Terry, Water Resources Division Manager Lynda Venne, Purchasing Agent Spencer Wilson, Information Systems Manager

136 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent - Other Agenda Title Permitting for Sand Transfer Plant Phase II (Extension of Pipeline). Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated May 1, 2012, from H. Paul Brazil, P.E., Director of Public Works

137 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Sand Transfer Plant Phase II Permitting Date: May 1, 2012 STAFF RECOMMENDATION Town staff recommends that the Town change the permitting method for Phase II of the Sand Transfer Plant Project. The Town will withdraw (without prejudice) our pending Joint Coastal Permit (JCP) application and the continued permitting effort will be pursued through the Beach Management Agreement (BMA) currently being developed by the Florida Department of Environmental Protection (FDEP) in conjunction with the U.S. Army Corps of Engineers (USACE) and various other local, state, and federal stakeholders. GENERAL INFORMATION Phase II of the Sand Transfer Plant improvements consists of creating a second discharge approximately 3,500 feet south of the south jetty. The purpose of the project is to better restore the littoral drift by depositing sand south of the inlet s influence and beyond the shadow of the south jetty. The Town is currently pursuing a JCP from the State and Federal Governments for the pipeline extension and second discharge. This is the traditional permitting method. The FDEP is currently facilitating an alternative approach to the traditional permitting process, with the goal of executing a BMA for the area from Lake Worth Inlet to Boynton Inlet. This inlet to inlet, or littoral cell, approach is intended to identify, define, and permit all projects within that cell. This comprehensive approach would look at the system as a whole and consider the effect of the entire program on this segment of shoreline. The sand transfer plant is recognized by all parties involved to be a fundamental component of a long term maintenance program for the Town s shoreline. Town and FDEP staff feel that the BMA is the appropriate permitting method for this project and may expedite the project as well. The Shore Protection Board also discussed the possibility of extending the permitted disposal area that the ACOE has available to place sand from inlet dredging projects. The goal would be to place sand on the dry beach further south into Reach 2 similar to the dune construction

138 projects that Town has completed in other areas. Staff will develop possible alternatives and present them for consideration when more details are available. Board/Commision Recommendation The Shore Protection Board unanimously recommended approval of this change in permitting method. FUNDING/FISCAL IMPACT Sufficient funds exist in the current authorization for the Phase II permitting. cc: Shore Protection Board Robert Weber, Coastal Coordinator

139 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent - Other Agenda Title Authorization to Advertise and Test for Firefigher Positions to Create a Pool of Qualified Applicants. Presenter Kirk Blouin, Director of Public Safety Supporting Documents Memorandum Dated April 27, 2012, from Kirk W. Blouin, Director of Public Safety

140 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: Mayor and Town Council Peter B. Elwell, Town Manager From: Kirk W. Blouin, Director of Public Safety Re: Authorization to Advertise and Test for Firefighter Positions Date: April 27, 2012 STAFF RECOMMENDATION Staff recommends the Town Council authorize the Town Manager to approve advertising for the recruitment of firefighters to create a pool of qualified applicants. GENERAL INFORMATION The Palm Beach Fire Rescue Department has an authorized sworn staff level of 69. Due to various cost saving measures, the sworn staff level of the department has recently been reduced by ten (10) from a high of 79 sworn members. Although additional staff reduction is possible, the department also anticipates additional vacancies due to retirements and other separations. There will come a time, probably later this year, when the Town will need to hire new firefighters to maintain a minimum required complement and ensure adequate protection for the community. Therefore, we are requesting Town Council authorization at this time to commence recruitment and establish a hiring list for future use, as needed. FUNDING/FISCAL IMPACT There is no funding impact. Funding for the recruitment process and for the required positions is included in the adopted FY 2012 Budget. KWB:bh cc: Kennie Wells, Acting Director of Human Resources

141 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent - Other Agenda Title Authorization to Hire for Equipment Operator II/Sanitation Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 20, 2012, from H. Paul Brazil, P.E., Director of Public Works

142 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Authorization to Recruit for Equipment Operator II/Sanitation DATE: April 20, 2012 STAFF RECOMMENDATION Staff recommends that the Town Council authorize the Town Manager to recruit for and fill the vacancy for the position of Equipment Operator II/Sanitation as indicated below, with no net increase in the Public Works Department staff. GENERAL INFORMATION The Equipment Operator II position is vacant due to the retirement of the incumbent. This position is responsible for driving and operating one of our residential 20 yard packers to collect garbage on one of the routes. This position is essential to maintaining the current level of sanitation service to the residents and businesses. With the approval of the Town Council, the Town staff will recruit for and fill this position with an internal Town candidate. Based on that internal promotion, other vacancies in the underlying positions will occur and those will similarly be filled in accordance with this authorization. FUNDING/FISCAL IMPACT This vacant position is funded within the FY2012 Public Works Department operating budget. Cc: Kennie Wells, Acting Director of Human Resources Eric B. Brown, P.E., Assistant Director of Public Works Tony Higgins, Sanitation Supervisor

143 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent - Other Agenda Title Authorization to Hire Parks Laborer Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 20, 2012, from H. Paul Brazil, P.E., Director of Public Works

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145 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent - Other Agenda Title Consideration of Approval of a Petition Request for a Special Non-Ad Valorem Assessment Area for the Proposed Peruvian Avenue 400 Block Streetscape Project. Presenter Thomas G. Bradford, Deputy Town Manager Supporting Documents Memorandum dated April 24, 2012, from Thomas G. Bradford, Deputy Town Manager

146 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager Thomas G. Bradford, Deputy Town Manager Consideration of Approval of a Petition Request for an Assessment Area for the Proposed Peruvian Avenue 400 Block Streetscape Project Date: April 24, 2012 STAFF RECOMMENDATION Staff recommends that the Town Council give approval to proceeding with a special non-ad valorem assessment project for the proposed Peruvian Avenue 400 Block Streetscape Project. 81.3% of the benefitting property owners have signed the petition granting their approval of the project and the special assessment process as was used for the Worth Avenue Improvement Project. Additional approvals are in route. This exceeds the Town Council adopted 80% requirement. This process results in the requestors of the service paying for 100% of the cost of improvements based on the benefits received from the constructed design elements. GENERAL INFORMATION As you know, from time to time, property owners approach the staff on the subject of converting overhead utility lines to underground service, upgrading to decorative streetlights, beautification projects or streetscape projects using the special non-ad valorem assessment process spelled out in F.S This streetscape project request was spearheaded by Mrs. Deb Beard, a resident of the 400 block of Peruvian Avenue, with the able assistance of Bill Feldkamp who volunteered to assist Mrs. Beard. This assessment project pertains to all properties in the 400 block of Peruvian Avenue, the lake block. 81.3% of the property owners have affirmatively signed the Town petition format previously approved by the Town Council. There are 139 properties in the project area and to date, 113 have affirmatively signed the petition. Current Town Council policy requires not less than 80% of the property owners to approve of special assessments to undertake improvements. The petition was received by me on April 23, then reviewed and confirmed. The design elements that have been proposed in the conceptual plan discussed between the benefitting property owners includes reducing lanes and/or lane width as allowed by FDOT standards, adding landscaping, with pedestrian shade trees and palm trees, new wider sidewalks,

147 irrigation and decorative streetlights all with the intent of improving the space shared by all to provide neighborhood definition and traffic calming techniques that will protect and enhance the quality of life for the primary users of the shared space. With wider sidewalks and shade the pedestrian will once again be a focal point in this neighborhood instead of the current focus on vehicle accommodation. If approved to go forward by the Town Council, design activities will commence after selection of the design professionals and Town Council approval of the professional services agreement. Representatives of the various properties in the neighborhood will provide input to the project designers along with Town staff to address property owner desires and concerns during the design and construction process. The approval process is recommended to be review and approval by ARCOM, with final approval by the Town Council. The estimated order of magnitude cost of the work is a not to exceed figure of $1.3 million and includes a 25% contingency. Construction is estimated to begin on or about May 1, 2013 and be completed by December 1, Once all of the costs are finalized they will be used to begin the assessment process beginning no later than December of the year of construction completion for placement of the project cost on the property tax bills of the benefitting property owners the following November. The first assessment is estimated to appear on the property tax bills issued as early as November 1, 2013, but in no event later than November 1, FUNDING/FISCAL IMPACT There is no net cost to the Town by virtue of this request since it is intended to be an assessment project. cc: H. Paul Brazil, Director of Public Works John Page, Director of Planning, Zoning and Building Jane Struder, Director of Finance Chuck Langley, Senior Projects Manager Deb Beard Bill Feldkamp n:\town manager\tgb\agenda items\2012\request for assessment area for the proposed peruvian avenue 400 block streetscape project tcm.doc

148 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Consent - Other Agenda Title Authoriziation for a Town Contribution of $10,000 to the City of West Palm Beach for the Fireworks Display at the City's Fourth on Flagler Event. Presenter Peter B. Elwell, Town Manager Supporting Documents Memorandum dated April 27, 2012, from Peter Elwell, Town Manager dated April 25, 2012, from Rhonda Barona, City of West Palm Beach Proposal from the City of West Palm Beach

149 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Mayor and Town Council From: Peter B. Elwell, Town Manager Re: Request by the City of West Palm Beach for Town Sponsorship of the City s Fourth on Flagler Event Date: April 27, 2012 STAFF RECOMMENDATION Staff recommends that the Town Council authorize the expenditure of $10,000 from the General Fund Contingency for the Town to become an official sponsor of the City of West Palm Beach s Fourth on Flagler July 4 th Celebration. GENERAL INFORMATION Attached is an dated May 25, 2012, from Rhonda Barona, Recreation Manager for the City of West Palm Beach, requesting that the Town become an official sponsor of the Fourth on Flagler event. The attachment to Ms. Barona s identifies the publicity activities through which the Town s sponsorship would be announced and identifies other benefits of sponsorship. The Town has previously sponsored this event, including last year for $10,000. Since many Palm Beach residents enjoy the Fourth on Flagler fireworks, we believe this Town sponsorship is fair, provides a public benefits, and is good intergovernmental relations. Therefore, staff recommends Town Council approval of this request. FUNDING/FISCAL IMPACT If Town sponsorship of the Fourth on Flagler event is approved by Town Council, the $10,000 cost for this sponsorship would be expended from the General Fund Contingency Account. PBE:cek Attachments cc: Jane Struder, Director of Finance

150 History: 1 attachment Fourth on Flagler Sponsorship RBarona to: pelwell This message has been forwarded. 04/25/ :39 AM Town PB Proposal.doc Good morning! The City of West Palm Beach is planning the upcoming 4th on Flagler and would once again like to have the Town of Palm Beach involved. The day's activities will center around the theme of This 4th is Made for You and Me! Celebrating Great Moments and Places in America! We will be highlighting events and places such as the landing on the moon, Mount Rushmore, the Statue of Liberty and many more. I have attached a proposal below. Should this meet your approval, I will complete an agreement and forward it to you. (See attached file: Town PB Proposal.doc) Thank you. I look forward to hearing from you. Rhonda Barona City of West Palm Beach Department of Parks and Recreation Recreation Manager P.O. Box Clematis Street. West Palm Beach, Fl office fax rbarona@wpb.org

151 The Capital City of the Palm Beaches 2012 FOURTH ON FLAGLER PROPOSAL The proposed details are outlined below for your review. Should this meet your approval, I will complete an agreement and forward it to you. In return for a sponsorship fee of $10,000, the City of West Palm Beach will provide: * Logo inclusion in select print ads in the Palm Beach Post * Name inclusion in pre-recorded radio spots * Logo inclusion in TV spots ( station yet to be confirmed) * Website inclusion * Right to one 8 banner (supplied by Town of Palm Beach) to be hung on site * VIP package including parking pass and VIP Hospitality Area tickets * Right to pre and post event promotions with City s prior approval * Stage announcements throughout the event * Town of Palm Beach mentioned in all press releases, media advisories and fact sheets An Equal Opportunity Employer

152 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Board/Commission Annual Report Agenda Title Code Enforcement Board Annual Report. [Timothy Hoffman, Chair and John Page, Director of Planning Zoning, and Building Director] Presenter Kirk Blouin, Director of Public Safety Supporting Documents Memorandum dated April 27, 2012, from Kirk W. Blouin, Director of Public Safety List of Properties with Current CEB Fines

153 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager Kirk W. Blouin, Director of Public Safety Annual Report Code Enforcement Board Date: April 27, 2012 STAFF RECOMMENDATION Staff recommends that the Town Council hear the presentation of the Annual Report for 2011 by Timothy Hoffman, Chairman of the Code Enforcement Board. GENERAL INFORMATION The following information is a summary of the activities of the Code Enforcement Board for the past year. Timothy Hoffman, the Chairman is prepared to address the Town Council with additional comments regarding the Code Enforcement Board and answer any questions. The Code Enforcement Board currently has 9 members (7 regular members and 2 alternates). Timothy Hoffman was re-elected as Chairman at the April 2012 meeting and Harris S. Fried was re-elected as Vice Chairman. The remaining regular members are Joel P. Koeppel, Larry Ochstein, Madelyn Greenberg, Cynthia Van Buren and James M. Ballentine, Jr. The two alternates are W. Anthony Dowell and Scotch Peloso. From May 2011 through April 2012, the Code Enforcement Board heard 181 new code violation cases, 25 fine consideration cases, 10 requests for fine reductions and 2 foreclosure hearings. During this same period of time, the Town of Palm Beach collected $430, in fines ordered by the Code Enforcement Board and $17,300 in Code Enforcement administrative fees. As of April 30, 2012, there are 10 properties in daily running fine which total $1,982,500 and 47 properties with non-running fines totaling $270, Liens in favor of the Town have been filed against all of these property owners. At the present time, the Code Enforcement staff is comprised of 1 civilian manager who also manages the parking enforcement function of the police department, a parking/code enforcement specialist and 2 full time code enforcement officers. The addition of the second full time position was the result of an approval by Town Council in April 2012 to convert the 3 part time code enforcement officer positions approved in the FY 11 budget to one full time position in

154 Information for Town Council Meeting: 5/08/12 April 27, 2012 Page 2 addition to the lead code enforcement officer. Code enforcement staff handled 1,898 complaints from May 1, 2011 through April 30, 2012 of which 630 were self-initiated by the code enforcement officers. There were 2,341 inspections completed, 770 code violation warnings and 740 notice of violations issued. Staff also wrote 37 Right of Way violations for construction parking incidents. Attached is a list of all properties with current outstanding code enforcement fines. Attachment KWB/rh

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158 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Regular Agenda - Old Business Agenda Title Temple Emanu-El Parking and Nearby Residents. Presenter Kirk Blouin, Director of Public Safety Supporting Documents Memorandum dated April 30, 2012, from Kirk W. Blouin, Director of Public Safety

159 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: Mayor and Town Council Peter B. Elwell, Town Manager From: Major Richard F. Howe Re: Temple Emanu-El Parking and Nearby Residents Date: April 30, 2012 STAFF RECOMMENDATION Staff recommends the Town Council support the recommendations listed below in order to improve and/or resolve parking related issues. These recommendations include changes to parking designations, enforcement on North County Road during Temple services and on religious holidays, modification of traffic flow on Seminole Avenue to include making the street one-way during special events and the addition of a cross walk on North County Road. GENERAL INFORMATION In recent months, some residents of Seminole Avenue have expressed concerns regarding the expansion, construction and parking uses at Temple Emanu-El. Town Council subsequently directed staff to survey the parking issues, meet with the parties involved, and report back with recommendations on how the parking issues can be resolved or improved. The recommendations were developed with input from Public Works staff, residents of Seminole Avenue, and Temple Emanu-El staff and members. Staff attended meetings held on April 16 and 19 at Temple Emanu-El, observed traffic flow and parking during Temple services, and conducted interviews with Temple members and area residents. The Temple meetings were held for the purpose of providing information on the plans for the recently obtained property west of the Temple and to have an open discussion on issues of concern raised by the neighbors on Seminole Avenue. In addition to the above, valet company representatives and Town Council members were in attendance. Parking will always be an issue in a community with limited and finite parking space and a varied number of user groups vying for those limited parking spaces. While these recommendations address many of the needs and concerns of the users, it is by no means expected to satisfy all parties, but rather to create a compromise both sides can live with and achieve improvement from the past circumstances during Temple services and events. As is common practice with all houses of worship in Palm Beach, consideration will be given in designated timed parking during regular scheduled services, holidays, weddings, funerals and special events.

160 Temple Emmau-El Parking April 30, 2012 Page Two Additionally, in order to ease parking issues during services and events held at Temple Emanu- El located at 190 North County Road, staff recommends the following: Temple Operations Open lines of communications with neighbors. Notify residents 2 weeks prior to all valet and special events. Compliance with all Town Codes and Ordinances. Compliance with all PB&Z requirements. Park employee vehicles off street in private lots. Arrange bus pick up/drop off on No. County directly in front of 190 South County. Bus permits required which regulate permissible activity. Educate membership on available parking locations, prohibited parking areas including RPP spaces and use of valet services. Valet Operations Park cars first in available private lots, then Park on County Road, utilizing legal spaces first, then pre-designated yellow curbs. Leave Seminole Avenue spaces for Temple members to self-park. Only accept cars when a valet is available to move the car to a parking area. Park valet service employee vehicles off street in private lots. Dress out of sight Keep noise to minimum Designate area for valets during service. Seminole Avenue Traffic Flow Convert Seminole Avenue to one-way eastbound when valet parking. This would allow one staging lane and one travel lane for residents. Signs placed at direction of police officer. Require one (1) police officer on Special Assignment Overtime, at Temple expense, for traffic Seminole Avenue and North County when valets in use. This was common practice years ago. Seminole Avenue Parking Leave Resident Permit Parking (RPP) as is on north side and west end/south side. Leave 2 hour parking as is on south side. 2 hour spaces should be available for Temple members to self-park. Temple Off-street parking Designate or assign additional spaces for handicap use as needed. Utilize SW corner spaces for valet cars (6) Always fill with self- parking first.

161 Temple Emmau-El Parking April 30, 2012 Page Three North County Road Parking Create additional parking spaces on North County Road (working with Public Works staff to determine the number and location in conjunction with a full review of all houses of worship.) Spaces may be limited to specific days and hours available. For example, NO PARKING, except FRI/SAT & Holidays. Create cross walk at intersection of Oleander/Root Trail and North County for east/west crossing. FUNDING/FISCAL IMPACT Public Works staff estimates costs for signs, crosswalk, pedestrian sign and miscellaneous items to be $2,500. SPECIAL CONSIDERATIONS Most of the recommendations require changes in personal driving habits, the conduct of valet service operations, education of Temple members and staff on the parking available for their use, and acceptance on the part of the residents that the Temple will have an impact on their street at intermittent times. An improved line of communication and a willingness to compromise are fundamental for all parties to appreciate the varying aspects of the parking issues and for these resolutions to be successful. Actions to be taken by Town staff include designating additional parking on County Road, requiring a police officer(s) at certain times, changing Seminole Avenue to one-way at certain times, adding a cross walk, and ensuring all laws, rules and ordinances are enforced fairly and equitably. KWB:rh cc: Thomas Bradford, Deputy Town Manager Paul Brazil, Director of Public Works Daniel Szarszewski, Deputy Chief of Police Raychel Houston, Code & Parking Enforcement Manager

162 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Regular Agenda - Old Business Agenda Title Escalating Fines for Repeat Parking Violation Offenders. Presenter Thomas G. Bradford, Deputy Town Manager Supporting Documents Memorandum dated April 24, 2012, from Thomas G. Bradford, Deputy Town Manager

163 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager Thomas G. Bradford, Deputy Town Manager Escalating Parking Fines Date: April 24, 2012 STAFF RECOMMENDATION Staff recommends that the Town Council review this report and provide direction to staff. Staff does not recommend pursuit of escalating parking fines at this time for reasons explained below. GENERAL INFORMATION At your meeting on April 10, 2012, it was requested that staff bring back all pertinent data for Town Council consideration on the subject of escalating parking fines for repeat parking code violators and this work product is in response to that request. Before we engaged in an analysis of this parking fine concept we had to ask - is the concept of escalating parking fines a legally enforceable tool to use in an attempt to realize higher levels of compliance with adopted parking requirements? According to the Town Attorney, yes, the escalating parking fine concept is legal. Since the concept is new to the Town it can become law by way of adoption of a Town ordinance setting forth the steps at which parking fines would increase, the amount of those increased parking fines and the length of time within which one is counting the number of parking citations issued. In the future, parking fine escalated rates can be amended by resolution, if stated as such in the initiating ordinance. There are three points to remember when considering the escalating parking fines concept, as follows: 1) Parking fines are tracked by vehicle license plate, not by the driver of the vehicle. So, the first ticket received by one authorized driver of a vehicle may not be the first one received for the vehicle being driven by a particular driver on any given day. 2) Escalated parking fines for repeat offenders cannot be set up on a rolling 12 month time period, or any other preferred time period. The program can only be set up with a beginning date and an end date during which a vehicle owner must pay parking fines of a fixed amount based on the amount of tickets received during the time

164 period. So, for example, purchased software would start tracking parking tickets issued to a specific vehicle license plate beginning on say October 1 of each year and would keep count through September 30 of the following year. On October 1 of the following year the slate is wiped clean and the tracking starts all over again. The rolling time period concept interjects a level of complexity that reduces the probability of ticket accuracy. In addition, it is easier for citizens to keep track of tickets received when there is a concrete beginning and end date. 3) Sworn police officers will not be able to write a ticket at an escalated rate because they do not have access to the software tracking tickets issued per vehicle license plate. Only PEOs have the hand-held enforcement tool called AutoCite that will contain the access to software that tracks tickets issued. However, this is not critical because sworn officers only wrote 5% of all non-moving violations so far this fiscal year. But when a sworn officer does write a non-moving violation the vehicle owner still receives a ticket, it s just not at the escalated rate. It is issued at the standard rate. The table below graphically displays staff s recommended step rate structure if the Town Council chooses to implement escalating parking fines. Proposed Escalated Parking Fine Rate Structure Steps (# of tickets received) (1) Escalated Parking Fines (2) 1-4 $50/$60 (current fine regardless of # issued) 5-9 $60/$ $70/$ $80/$90 Key: (1) For 12 months beginning on October 1 of each year through September 30 of the following year. (2)The lower parking fine to the left side of the back slash in each step is the commercial parking fine and the higher fines to the right of the back slash is the residential parking fine. Based on tickets issued during the 12 months ending 03/31/12, the above rate structure would generate $6, annually, assuming the historical 85% collection rate. The cost to realize this revenue entails software acquisition requiring an investment of $10,000 and $1,000 for annual software maintenance. The rate of return on the investment and payback period would be as shown in the text box appearing below at the top of the next page.

165 FUNDING/FISCAL fine rate IMPACT structure. Estimated First Year Return on Investment ROI = (Gain from Investment Cost of Investment) = ($6,503 - $11,000) = -$4,497 = or -41% -.41 = - 41% Cost of Investment $11,000 $11,000 1 o o $6,503 = 1 year of estimated Town net increase in parking fines from escalated rates for repeat offenders. $11,000 = 1st year of estimated Town expenditures to purchase and operate software for escalated parking Estimated Five-Year Average Annual Rate of Return on Investment ROI = (Gain from Investment Cost of Investment) = ($32,515 - $15,000) = $17,515 = 1.17 or 117% 117 = 23.4% Cost of Investment $15,000 $15,000 5 o $32,515 =5 years of estimated Town net increase in parking fines from escalated rates for repeat offenders. ($6,503 x 5 = $32,515) o $15,000 = 5 years of estimated Town expenditures to purchase and operate software for escalated parking fine rate structure Estimated Payback Period $6,503 = $542 est. avg. mo. escalated parking fine revenue. $11,000 = 20.3 months = Estimated Payback Period 12 $542 o $6,503 = 1 year of estimated Town net escalated parking fine revenues. o $11,000= 1st year of estimated Town expenditures to purchase and operate software for escalated parking fine rate structure. Staff does not recommend implementing the escalating parking fine concept at this time for the following reasons: 1) The public has not yet become accustomed to the recent parking fine increase of $50 for violations in commercial areas and $60 for violations in residential areas. We think it is too soon to add escalating fines to the parking enforcement tool box. 2) Four business organizations will likely be opposed. 3) Individual merchants and commercial property owners will likely be opposed. 4) The motoring public will likely be opposed, regardless of residency. 5) An estimated $542 per month of new revenue hardly seems worth the anticipated response this will engender at this time. Staff recommends that this concept not be considered until after the initial impact of the new $50/$60 parking fine has passed, perhaps in a couple of years. cc: Kirk Blouin, Director of Public Safety H. Paul Brazil, Director of Public Works Jane Struder, Director of Finance Dan Szarszewski, Deputy Chief of Police Rick Howe, Major, Police Department Amy Wood, Accounting Supervisor Raychel Houston, Manager, Code Compliance and Parking Jim Palmer, Systems Analyst, Information Systems John C. Randolph, Town Attorney n:\town manager\tgb\agenda items\2012\escalating parking fines.doc

166 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Regular Agenda - New Business Agenda Title Approve Donation of a Water Fountain with Dog Bar on Lake Trail Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 20, 2012, from H. Paul Brazil, P.E., Director of Public Works Photograph of Fountain

167 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Approve Donation of a Water Fountain with Dog Bar on Lake Trail DATE: April 20, 2012 STAFF RECOMMENDATION Staff recommends that the Town Council approve and accept the donation for a new water fountain with dog bar on Lake Trail. GENERAL INFORMATION A Town resident has offered to donate a MDF Model 3800 SM water fountain with dog bar to be located on the bike trail. A photograph of the proposed fountain is attached. If the Town Council approves of the concept, the Public Works Department will research and determine a proper location for the fountain, near the intersection of Country Club Road and North Lake Way. Staff will receive the fountain, coordinate the installation of the concrete support pad, arrange for the connection of the water supply from the City of West Palm Beach and insure the proper installation of the fountain. Staff will also work with the donor on the purchasing and installation of a commemorative plaque to be displayed. The plaque will be consistent with other plaques on fountains that have been donated. All costs associated with the purchase and installation of the fountain will be from private donation. The project is estimated to cost approximately $15,000. FUNDING/FISCAL IMPACT The donation and future maintenance endowment will cover the costs to be incurred as a result of this project. Attachment cc: Jane Struder, Director of Finance Eric Brown, P.E., Assistant Director of Public Works Brett Madison, Facilities Division Manager Lynda Venne, Purchasing Agent

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169 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Regular Agenda - New Business Agenda Title Request for Extended Work Hours During Construction of Pump Station S-2 Inline Booster Station. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 25, 2012, from H. Paul Brazil, P.E., Director of Public Works Letter dated April 25, 2012, from Wharton-Smith

170 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Authorization to Extend Work Hours at Pump Station S-2 Inline Booster Station Date: April 25, 2012 STAFF RECOMMENDATION Town staff recommends that Town Council grant a limited waiver to Section of the Town of Palm Beach Code of Ordinances Hours for Construction Work for extended work hours to Wharton-Smith, Inc. in connection with the Pump Station S-2 Inline Booster Pump Station project. GENERAL INFORMATION Wharton-Smith, Inc. (WS) is the contractor constructing improvements to Pump Station S-2 in Bradley Park. The first official day of work was April 30, WS has requested in writing that they be allowed to work outside of customary construction hours. We will be converting the existing S-2 pump station into an inline booster station along with major upgrades to the electrical, mechanical, and control systems, all within the building. There will be some work on piping modifications on the exterior of the building on the north and east sides. We will be connecting the recently constructed subaqueous force main to the existing 24 inch force main, installing a new meter vault and replacing a portion of the E-6 pump station force main. Some of the above ground work and work within the S-2 pump station will require that the contractor perform construction activities during low flow times so the pump station may be taken off line and flow routed around the station. Low flows occur during late evening and early morning hours outside of the customary construction work hours of 8:00 a.m. to 6:00 p.m. The pump station would be out of service for no longer than 6 hours at a time. Town staff is requesting that Town Council allow staff to permit limited night time work on this project. The contractor has agreed to submit written waiver requests to the Town Manager s Office and Public Works at least 72 hours prior to any events. This is the same system used to complete the Worth Avenue project. Town staff has contacted the management of the adjacent condominiums and described our anticipated construction schedule. We have not received any objections or concerns. Attachment cc: Eric Brown, P.E., Assistant Director of Public Works James M. Bowser, P.E., Town Engineer Charles R. Langley, P.E., Senior Project Engineer Douglas Terry, Water Resources Division Manager

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172 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Regular Agenda - New Business Agenda Title Florida Power and Light Request for Full Road Closure at 111 Seaview Avenue Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 20, 2012, from H. Paul Brazil, P.E., Director of Public Works FPL Request Dated

173 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Florida Power and Light Request for Full Road Closure at 111 Seaview Avenue Date: April 20, 2012 STAFF RECOMMENDATION Staff recommends that the Town Council review the request from Florida Power and Light (FPL) for a full road closure at 111 Seaview Avenue and provide any direction deemed necessary. Additionally, staff requests that the Town Council provide direction concerning temporary road closures requested by utility companies doing service work in the Town. The Town Council may wish to consider having this type of work approved and monitored through the right-of-way process and have the more substantial utility work (similar to the Florida Public Utilities gas main replacement project) and any requests from private residents for road closures be brought to the Town Council for discussion and approval. GENERAL INFORMATION The Town Council recently directed that all requests for full road closures be brought before them so that the impacts to the community could be discussed publicly. The severity of the impacts associated with this type of work was brought to light with the recent closure of North Ocean Boulevard to allow a private firm to install landscaping on a private site. Staff will bring this type of request to the Town Council regardless of time of year (both during season and during the summer construction months). All Town public works projects are brought to the Town Council for authorization and the impacts to traffic will be emphasized in the back up. FPL has requested a one day full road closure (several hours) to underground the power lines at the rear of 111 Seaview Avenue. The closure is requested to coincide with redevelopment of the lot. A crane with outriggers will be needed. Staff has reviewed the right-of-way permit application and believes that it will not be possible to allow traffic through the area for the time that the outriggers are extended given the width of the road. FPL will be present at the May Town Council meeting to explain this request.

174 SPECIAL CONSIDERATIONS The majority of the Town s residential streets are very narrow. Trucks designed to lift poles will typically be equipped with outriggers for stabilization. This includes any overhead utility and the Town s public works equipment as well. Short term but complete road closures by utility companies happen on a regular basis throughout Town and are controlled by the right-of-way permit process or emergency situations. FPL s current request has brought to light the fact that under the recently adopted policy many similar requests will be brought to the Town Council for approval of routine service and repair work. In the past, utility work that has not impacted the broader community did not require Council approval. By requiring Town Council approval on this type of project, delays of several weeks may occur. Therefore, staff suggests the policy be modified to require all full closures of major roads require Town Council approval, but we revert to the prior policy of staff approvals for full closures of smaller side streets. Attachment cc: Eric B. Brown, P.E., Assistant Director of Public Works James M. Bowser, P.E., Town Engineer Allen Powery, Public Works Inspector Jorge I. Sanchez, FPL

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176 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Regular Agenda - New Business Agenda Title Request for Road Closures for Public Works Projects. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 25, 2012, from H. Paul Brazil, P.E., Director of Public Works

177 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: From: Re: Mayor and Town Council Peter B. Elwell, Town Manager H. Paul Brazil, P.E., Director of Public Works Town Council Approval of Roadway Closures for Public Works Projects Date: April 25, 2012 STAFF RECOMMENDATION Town staff recommends that Town Council authorize the closure of North Lake Way for maintenance work at the Town s E-1 and E-2 Sewer Pumping Stations, for completion of the North Lake Way and Laurian Lane Infrastructure Improvement project, and to allow the closure of Cocoanut Row for water main work and milling / resurfacing at Pendleton Avenue / Lane. Additionally, staff requests direction concerning Town Council approval of future repair and maintenance projects that require temporary road closures. GENERAL INFORMATION Pump Stations E-1 and E-2 are both situated within the North Lake Way right-of-way and routinely require the closure of one lane for routine maintenance by Town staff. Both pump stations require a thorough cleaning prior to having the concrete structure patched and coated to reduce future deterioration from hydrogen sulfides in the wastewater. This cleaning by an outside contractor will require closure of the entire width of North Lake Way due to the size of the equipment involved and for the safety of both the contractor s personnel and the public. This work will require two to three days at each site. The Public Works Department proposes to detour traffic from North Lake Way between Manana Lane and Mediterranean Road to North Ocean Boulevard for the maintenance of the E-1 Sewer Pumping Station between the hours of 8:00 a.m. and 5:00 p.m. for two or three days in late May Traffic will be routed to North Ocean Boulevard for both north and southbound vehicles. The Public Works Department also proposes to detour traffic from North Lake Way between Nightingale Trail and Mockingbird Trail to North Ocean Way for maintenance of the E-2 Sewer Pumping Station between the hours of 8:00 a.m. and 5:00 p.m. for two or three days in May Traffic will be routed to North Ocean Way for both north and southbound vehicles. On the North Lake Way and Laurian Lane Infrastructure Improvement Project, the Town s contractor, Whiting Turner Contracting Company will be completing punch list items and final striping. Work is anticipated to last 4 weeks. Laurian Lane will have periodic road closures during the hours of 8 a.m. to 6 p.m. between North Ocean Boulevard and North Lake Way. The road closure will occur at each manhole. The contractor will be applying coatings to the sanitary sewer manholes. Unless a manhole being worked on is at a resident s driveway, the residents will have full access to their driveways. After 6 p.m. each day, the roadway will be re-opened. Town staff and the contractor will be coordinating with residents when the manhole coating operation is immediately adjacent to a resident s driveway, to allow them to move their vehicles away from the construction activity.

178 Whiting Turner s work also includes the installation of a drainage catch basin, storm pipe and curbing at the northeast corner of Garden Road and North Lake Way. For safety of the residents and the contractor, North Lake Way will be closed to through traffic between Garden Road and Laurian Lane. North Lake Way will be open to local traffic to allow residents access to their driveways. Finally, the contractor will have to make two temporary 1 day closures at Laurian Lane and the alley south of Eden Road on North Lake Way to install drainage check valves. South bound traffic on North Lake Way will be detoured to North Ocean Boulevard at Via Marila. North bound traffic on North Lake Way will be detoured to North Ocean Boulevard at Eden Road. On the Pendleton Avenue / Lane project, the City of West Palm Beach needs to make minor adjustments to the water mains in the intersection on Cocoanut Row. This work will take approximately four hours. After this work is done, the Town s contractor will schedule the milling and resurfacing of this intersection. Cocoanut Row will need to be closed for four to six hours to complete this work. SPECIAL CONSIDERATIONS Town Council recently requested that Town staff bring to Town Council a request for approval for any Town, utility or private project that closed roadways so that the roadway closure can be reviewed with them prior to the issuance of any Right of Way permits. Staff would like to have discretion to close roadways for Town projects for periods of one week or less without Town Council review. Due to changing field conditions on Town projects, or maintenance of Town infrastructure, it is sometimes difficult to be able to predict if a road will need to be closed or when it will happen. Having to return to Town Council for approvals to close roadways for routine maintenance and minor repair of the Town s sanitary sewerage pump stations and mains which often require roadway closures that may last 15 minutes to a day would cause projects to be delayed and costs to increase. We suggest that any roadway closure of one week or more would be brought to Town Council for review. cc: Eric Brown, P.E., Assistant Director of Public Works James M. Bowser, P.E., Town Engineer Doug Terry, Water Resources Division Manager Allen Powery, Right of Way Inspector Jeff Sanon, P.E., Project Engineer Mike Roach, P.E., Project Engineer

179 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Regular Agenda - New Business Agenda Title Proposed Taxi Cab Permit Moratorium. Presenter John C. Randolph, Town Attorney Supporting Documents Memorandum dated April 26, 2012, from John Randolph, Town Attorney Ordinance No Ordinance No

180 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: Mayor and Town Council Peter B. Elwell, Town Manager From: John C. Randolph, Town Attorney Re: Moratorium on Issuance of Taxicab Permits Date: April 26, 2012 STAFF RECOMMENDATION Staff recommends that the Town Council impose a moratorium on the issuance of any further taxicab permits under emergency Ordinance Number GENERAL INFORMATION The Mayor and Town Council will recall that the Town's ordinance relating to vehicles for hire, taxicabs and limousines, was amended by the adoption of Ordinance No on October 11, 2011 so as to allow for the issuance of 25 taxicab permits in addition to the 50 limousine permits previously allowed under Chapter 130, said permits to be issued on a lottery basis and to be used only from the hours from 6:00 p.m. to 6:00 a.m. the following day and for travel only in commercially zoned districts within the Town. Subsequent to the adoption of ordinance No , Town staff recommended that staff explore alternative methods relating to the regulation of taxicabs within the Town, including the concept of franchising, and also indicated that staff was not in a position to issue taxicab permits in a timely manner as provided in Ordinance No so as to allow for the operation of taxicabs in the commercial areas during the 2012 season. It was, therefore, determined by the Town's Police Department that for public safety purposes taxicabs should be allowed to operate in the commercial areas of the Town subject to their meeting certain conditions and regulations on a temporary basis so as to provide for the operation of taxicabs on a limited basis for period of time not to exceed six months from the date of the adoption of the ordinance. That emergency ordinance, Ordinance Number , was adopted on February 16, Pursuant to the provisions of that temporary ordinance and during the abatement of Ordinance No , there was no limitation imposed on the number of taxicab permits which would be issued, even though the number contemplated under Ordinance No was a maximum of 25. To date, 35 temporary taxicab permits have been issued pursuant to Ordinance No This number has exceeded the number contemplated and exceeds the number of permits necessary to accommodate the problems identified by the Police department as existing within the commercial areas of the Town in the late evening and early morning hours. Indeed, the issuance of any additional permits on a temporary basis is likely

181 to cause further congestion in the commercial areas and be contrary to the interests of the public health, safety and welfare of the residents and visitors to the Town. It is, therefore, recommended that the Town Council impose a moratorium on the issuance of any additional taxicab permits under the terms of Ordinance No above and beyond the number of permits already issued as of the date of the Council meeting or any applications filed prior thereto. It is further recommended that the moratorium be in effect throughout the six month period addressed in emergency Ordinance No , which is effective until October 1, 2012, or until abatement of Ordinance No is rescinded by the Town Council or a new ordinance adopted. Attachments p:\docs\13156\00008\doc\1cy5287.doc

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197 TOWN OF PALM BEACH Town Council Meeting on: May 8, 2012 Section of Agenda Regular Agenda - New Business Agenda Title Determination Regarding Eligibility to Receive Deferred Retirement Option Project (DROP) Benefits from the Police Officers' Pension Fund While Serving as a Civilian Employee. Presenter John C. Randolph, Town Attorney Supporting Documents Memorandum dated May 3, 2012, from John Randolph, Town Attorney Memorandum dated May 3, 2012, from Jim Linn

198 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2012 To: Via: Mayor and Town Council Peter B. Elwell, Town Manager From: John C. Randolph, Town Attorney Re: Fred Hess Eligibility for Deferred Retirement Option Program (DROP) Date: May 3, 2012 STAFF RECOMMENDATION Staff recommends that the Mayor and Town Council allow former Police Captain Fred Hess to remain in the DROP Program. GENERAL INFORMATION On July 14, 2011, Police Captain Fred Hess, then a member of the Public Safety Retirement System, elected to retire and participate in the Town's DROP Program in accordance with Section of the Town's Code. His participation in the DROP Program became effective October 1, Subsequently, Captain Hess transferred to a civilian position within the Police Department. As a result of his transfer, a question was raised at the Police Officers Retirement Board of Trustees as to whether it is proper for Mr. Hess to be receiving DROP compensation from the Police Officers Retirement Fund while he is employed in a civilian capacity. There were differing opinions in regard to this matter expressed by the attorney for the Police Officers Retirement System (who opined that Mr. Hess was not eligible to continue receiving DROP payments) and the Plan Administrator (who opined that Mr. Hess was eligible to continue receiving DROP payments). On February 10, 2012, the Police Officers Retirement Board of Trustees voted to refer the question of the interpretation and application of the Town's Code to the Town Council." Prior to submitting this matter for Town Council consideration, I asked for an opinion from attorney and pension expert Jim Linn. Mr. Linn has reviewed the facts and the law related to this matter and has concluded that Fred Hess is allowed to receive the DROP benefits he earned during his years as a Town police officer, even as he now continues his service to the Town in a civilian capacity. A copy of Mr. Linn's memo is attached.

199 FUNDING/FISCAL IMPACT There is no cost to the Town as a result of the recommended interpretation of the Code. The Police Officers Pension Fund owes Mr. Hess the retirement benefits he has earned, whether those benefits are paid to him as a pension or as contributions to his DROP account. JCR:sm cc: Fred Hess, Training and Community Relations Coordinator William Hanes, Pension Administrator Jane Struder, Director of Finance Kennie Wells, Acting Director of Human Resources

200 REPLY TO: TALLAHASSEE MEMORANDUM TO: FROM: John C. Randolph, Town Attorney Town of Palm Beach Jim Linn DATE: May 3, 2012 RE: Pension Plan DROP Issue Employee Who Entered DROP Under the Police Pension Plan and Transferred to a Civilian Position While in DROP This responds to your request for an opinion concerning a Town employee who entered the deferred retirement option program ( DROP ) while employed as a police officer, and subsequently transferred to a civilian position while participating in the DROP. As I understand the facts, the employee entered the DROP on October 1, 2011 pursuant to section of the Town Code. Section (a) states: In general the deferred retirement option program..is a program under which an eligible member of the retirement system may elect to retire, participate, and become a retirant of the retirement system, deferring receipt of retirement benefits while continuing employment with the town. Section sets forth the conditions of DROP eligibility and provisions of DROP participation. This section makes clear that a DROP participant is a retirant of the retirement system. Prior to entering the DROP a member must submit a written election to retire, a written election to participate in the DROP, and an irrevocable "resignation from service to the town." It is my understanding that in this case the employee satisfied all conditions for participation in the DROP, and completed all the required paperwork. The only question is whether, by transferring BRADENTON rd Avenue West Suite 670 Bradenton, FL (941) Fax: (941) JACKSONVILLE 245 Riverside Avenue Suite 150 Jacksonville, FL (904) Fax: (904) TALLAHASSEE 315 South Calhoun Street Suite 830 Tallahassee, FL (850) Fax: (850) WEST PALM BEACH 515 North Flagler Drive Suite 1500 West Palm Beach, FL (561) Fax: (561)