MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON APRIL 14, 2009

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2 C. Tanner Rose, Jr. 4 E. James Ryan Patrick Segraves 8 Michael Spaziani 9 0 C. Presentations by Applicants for the Recreation Advisory Commission. The following applicants provided presentations to the Town Council: 4 June Bakalar Dan McDonnell 8 Pam McIver Michael Spaziani ~~ 4 : Timothy O'Hara - not present (advised in advance) President Pro Tem Coniglio thanked all of the applicants for applying. She outlined what criteria she would use for deciding upon appointees. Council Member Diamond stated that he will not vote for any member who indicated they will file any Conflicts of Interest. He indicated that he 8 will ask for a motion to eliminate all conflicts of interest at every meeting until it is passed. 9 Council Member Wildrick thanked everyone who applied and was impressed with all of the 0 applicants. Council President Rosow also thanked everyone. IV. COMMENTS OF MAYOR JACK McDONALD There were none. V. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER 4 Council Member Diamond commented regarding Conflicts ofinterests relative to the Boards/Commissions/Committees. VI. COMMUNICATIONS FROM CITIZENS - MINUTE LIMIT PLEASE (Another opportunity for communications from citizens will be offered immediately after the lunch break.) I 4/4/09 TC MTG

3 Eric Gilbertson, Chilean Avenue, commented regarding Mayor McDonald, and offered his congratulations for staying with the tide. He also commented regarding the Town's high taxes. 4 President Pro Tern Coniglio suggested that Mr. Gilbertson address Palm Beach County regarding his issue with the high taxes. VII. APPROVAL OF AGENDA 8 President Pro Tem Coniglio pulled Item VIILH.l., Resolution No. -09, and Item VIII.I., 9 Business Tax Fees from the Consent Agenda. 0 Council Member Diamond pulled Item VIILH.., Resolution No. -09, from the Consent Agenda. 4 President Rosow noted that the above items would be heard under the Regular Agenda, Items XLB..,, and 4, consecutively. Motion made by Council Member Kleid, seconded by Council Member Diamond to 8 approve the Agenda as amended. On roll call, the motion carried unanimously. VIII. CONSENT AGENDA President Pro Tern Coniglio pulled Item VIILH.l., Resolution No. -09, and Item VIILLl, Business Tax Fees from the Consent Agenda. Council Member Diamond pulled Item VIILH.., Resolution No. -09, from the Consent Agenda. President Rosow noted that the above items would be heard under the Regular Agenda, Items XLB.l,, and 4, consecutively. Motion made by Council Member Kleid, seconded by Council Member Diamond, to approve the Consent Agenda as amended. On roll call, the motion carried unanimously. A. MINUTES: MARCH 0,09 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING B. MINUTES: MARCH 0,09 I 4/4/09 TC MTG

4 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING C. MINUTES: MARCH,09 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING D. MINUTES: MARCH, 09 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING E. MINUTES: MARCH, 09 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING F. MINUTES: MARCH, 09 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING G. APPROVAL OF MAJOR MATTERS CONSIDERED BY THE ARCHITECTURAL COMMISSION AT ITS MEETING ON MARCH, 09. H. RESOLUTIONS 4. RESOLUTION NO. -09 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Donations Policy.[Sarah E. Hannah, Assistant Town Manager] Item VIII.H.l., Resolution No. -09 was moved to the Regular Agenda. 8 44/4/09 TC MTG

5 . RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving An Employee Suggestion Award Program.[Sarah E. Hannah, Assistant Town Manager]. RESOLUTION NO. -09 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Supporting a Dedicated Funding Source for Commuter Rail Services.[Thomas G. Bradford, Deputy Town Manager] 4 Item VIII.H.., Resolution -09 was moved to the Regular Agenda. 4. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Cancelling the Contract with Great Lakes Dredge & Dock Company, LLC., for the Reach 8 Beach Restoration Project.[H. Paul Brazil, Director of Public Works] RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Purchase Order to Chaz Equipment, for E-ll Sanitary Sewer Pumping Station Replacement for the Town of Palm Beach.[H. Paul Brazil, Director of Public Works]. RESOLUTION NO A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to General GMC Truck, Inc. for -/ Cubic-yard Diesel Dump Truck. H. Paul Brazil, Director ofpublic Works]. 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 ofpublic Works] I. Other. Approval to Continue Current Schedule of Business Tax Fees.[John S. Page, Director of Planning, Zoning, and Building] Item VIII..., Approval to continue Current Schedule of Business Tax Fees, was moved to the regular Agenda. 4/4/09 TC MTG

6 Rescheduling of the December Town Council Meetings to December and December, 09.[Peter B. Elwell, Town Manager]. Acceptance of Comcast 09 Rate Filings and Proposed Rate Order.[Thomas G. Bradford, Deputy Town Manager] 4. Authorization for T-Mobile to Proceed with Application for Cell Site at Central Fire-Rescue Station.[Thomas G. Bradford, Deputy Town Manager]. Approval of Form for Requests for Undergrounding Priorities.[Thomas G. Bradford, Deputy Town Manager]. Approval to Consider Zoning Ordinance Nos. -09, -09, and 8-09 Before :00 p.m. at the April, 09, May, 09, and June 0, 09, Town Council Meetings. [John S. Page, Director of Planning, Zoning, and Building]. Approval to Grant a Utility Easement to the City of West Palm Beach for the Par Golf Course Water Main. [H. Paul Brazil, Director of Public Works] 8. Authorization for Staff to Negotiate Interlocal Agreements with Palm Beach County for Shared Funding and Management of Town Shoreline Protection Projects. [H. Paul Brazil, Director of Public Works] 9. Code Enforcement Board Appointments.[Richard F. Howe, Acting Police Chief] 0. Approval of Modified Plan for Off-Site Town Council Meetings and Board/Commission Meetings During Town Hall Renovation.[Sarah E. Hannah, Assistant Town Manager] IX. BOARD/COMMISSION ANNUAL REPORT \4/4/09 TC MTG

7 A. Architectural Commission. [Morgan Wheelock, Chair and John S. Page, Director of Planning, Zoning, and Building] ARCOM Chainnan Morgan Wheelock presented the annual report to the Town Council. 4 President Pro Tem Coniglio announced that Mr. Wheelock has served admirably on the ARCOM Commission. She added that she was concerned, however, with the Landmarks procedures along with ARCOM criteria and how it affects property owner's rights. 8 9 Mr. Wheelock addressed the issues of conflicts of interests. He added that he has donated 0 over $0,000 in billable hours to the Town. He also stated that he had been singled out as being unethical in the past year with regard to excessive conflicts of interest. He acknowledged he had five conflicts last year, but he indicated that ARCOM reviews over 0 cases each year. That would be a % excess rate. 4 X. COMMITTEE REPORTS A. Finance and Taxation Committee Meeting of March,09. 8 [Robert N. Wildrick, Town Council Member] Council Member Wildrick presented the Committee Report. He indicated two of the goals of the Committee are to not increase the millage rate, with no increase in dollars spent in the budget and no decreases in service. He announced the seven town citizens who were appointed as Town 4 Advisors to assist with suggestions and review of the Town budget. He has received positive feedback and cooperation from the advisors and the staff. Each person will report to the Finance and Taxation Committee at the next meeting on Monday, April, 09 at 0:00a.m Motion made by Council President Pro Tern Coniglio, seconded by Council Member Kleid, to accept the Finance and Taxation Committee Report. On roll call, the motion carried 4-0, with Council Member Wildrick absent during the vote. XI. REGULAR AGENDA A. Old Business. Conflict of Interest Regulations and Code of Conduct for ElectionsJJohn C. Randolph, Town Attorney] I 4/4/09 TC MTG

8 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON APRIL 4, Town Attorney Randolph described a proposed policy regarding conflicts of interest as a cap as outlined in his memo which was submitted into the record. He asked the Council to decide if they want to have a certain number of conflicts, in order for board members to know in advance how many they are permitted. There is a difference between conflicts of interest and a person on a Board presenting their own interests in front of that particular board. There is a State Statute that prohibits that type of conduct. He added that the Town Manager checked with several other communities regarding what they do with Conflicts of Interest. Other municipalities do not allow members to make presentations to their own boards. He outlined three alternatives for a revised Ordinance. Steve Brown, 84 Bradley Place, Chairman of the Civic Association, stated that he is opposed to having zero conflicts. There is the difference in serving and abusing the position. One approach is to declare future conflicts which may be impossible. This also would eliminate attracting valuable members ofthe Town to the various Boards and Commissions. President Pro Tem Coniglio thanked Mr. Brown for serving on the Investment Advisory Committee (lac) and asked him if he would reapply to the lac. Because of the Conflicts of Interest he indicated that was a primary reason in his decision to not apply. People in the investment world most likely would always have conflicts. Council Member Diamond stressed that the conflict would be that people are making money from their position on Town Boards. He asked Mr. Brown his opinion. Mr. Brown gave the example of President Pro Tem Coniglio owning a restaurant and recusing herself. Not all conflicts are monetary. Council Member Wildrick indicated that there is a difference between the electorate and appointed officials. He indicated that this discussion was about the Boards and Commissions. Council President Rosow indicated that he does not want to change election laws. Boards and Commissions are at-will appointments. President Pro Tem Coniglio stated that the State Ethics Commission was present at a recent meeting and clarified that a violation would occur if it inures to benefit a personal gain. She asked Mr. Brown if he feels that the Town appointees have complied. He responded yes. His opinion was that this was about perceptions and was a soft issue. Council Member Wildrick indicated that some of the applicants indicated they would not have conflicts. He gave his opinion that Chairman Wheelock has knowingly violated the Conflict of Interest Ordinance. He feels that he should be removed. He feels that there should be zero conflicts. He disagrees with those that state there would not be good applicants. More comments from the public: Jere Zenko, Tangier Ave., stated there is a difference between having a conflict and having an interest for something. She stated that Mr. Wheelock used his position as head of ARCOM to advocate for a client. 8 I 4409 TC MTG

9 Irvin Dugan, # Four Arts Plaza, admires the desire to prevent undue conflicts and should allow recusal for conflicts of interest. When there are perceptions, it should focus on actual policies as the behavior the Town should seek. He felt it discouraged good people from serving. Council Member Wildrick indicated that the reason they are discussing the issues is that the potential for impropriety is there and more needs to be done to prevent it from occurring. William Strawbridge, Atlantic Ave., ARCOM Commissioner, stated that there is a burden on other commissioners when a co-commissioner has a client coming before the ARCOM Board for a decision. John Ripley, Preservation Foundation stated perception is less important than proper government. He stated that there are requirements for architects on ARCOM and it is a tough situation. Council President Pro Tern Coniglio highlighted how many applicants there were for the three commissions this morning. She asked Mr. Ripley ifhe thought that many applicants would also apply for ARCOM. He responded that they need people with expertise on that particular board. Council Member Diamond asked if there should be differentiation between an applicant who knowingly has employees and represents clients on the Board he serves. He mentioned that he worked with Mr. Wheelock and feels he is a man ofintegrity. Council President Pro Tem Coniglio indicated that the Town Ordinance requires that Architects be on the ARCOM Commission. Member Diamond asked Mr. Ripley if he knew ifthere were more than two registered architects in Town, and if perhaps other people would apply. Mr. Ripley suggested looking at the broader scope. Council Member Kleid asked Mr. Ripley if he knew of architects that wanted to apply. Mr. Ripley responded that he knew ofa few. ARCOM requires two Florida registered architects to serve on the Board. Council Member Kleid asked why that requirement was in place. Town Attorney Randolph responded that since the projects were in the state offlorida, they would need to have Florida knowledge. Mr. Bill Strawbridge added that it is difficult to find architects on the island, but they also need GOOD architects. He suggested that ARCOM hire a consultant rather than have a Town staff person on the commission. Jere Zenko stressed that she liked Mr. Strawbridge's comment about being placed in an awkward situation when forced to vote. Council Member Kleid stated that the Town has created an ogre here. There has not been a significant problem in the Town. There is a terrific group of people serving for no pay on the various committees. The Town needs qualified people who understand the Town. He has personal experience where architects have pointed out problems in projects that would not have been noticed by other laymen board members. He is opposed to changing the Code but would consider reducing the number of allowable conflicts. There is also a Code of Conduct already in place for current conflicts. 9 I 4/4/09 TC MTG

10 Mayor McDonald provided a history of why non-resident architects were on the Board and stressed that it is important to have their expertise on the Boards. 4 Council Member Diamond disagreed and said there cannot be two masters. The same people who have served year after year and make money because of their position need to be stopped. He stated that he does not understand how the Town can tolerate legalized conflicts of interests. Mayor McDonald explained why the commissions allowed non-resident architects. This 8 was due to the fact that there were not any Town residents that applied in the past. He also cited 9 the advantage of having Town knowledge in relation to issues that affect the Town. Local 0 expertise is extremely important. President Pro Tern Coniglio agreed with the Mayor about the residents serving and it is important. Perception will be a nebulous charge. With regard to hiring a consultant, she is opposed 4 to hiring any in this difficult economic time. Motion made by President Pro Tern Coniglio, seconded by Council Member Kleid to have additional safeguards: have each commissioner, board member and Council Member 8 sign an ethics pledge; each person that has identified a conflict of interest leave the Council Chambers during the discussion; that the penalty for lack of declared conflict and a willful violation of a non disclosed conflict would void the Board/Commission decision; there should be automatic dismissal for conflicts of five or more. Council President Rosow indicated that Mr. Strawbridge made an excellent point regarding 4 the awkwardness of co-commissioners having to vote against a board member's project. As to Investment Advisory Boards, unless the person owns the fund or manages the bank, there are not conflicts. The Florida architect requirement was self-imposed by the Town. Council President Rosow corrected the Mayor because the two Town architects moved off the island and the code 8 was modified to allow them to stay on the Commission as non-residents. He suggested eliminating 9 the requirement of being a Florida Registered Architect. The Town could hire a consultant at the 0 architect's expense if an architect is not available on the board. Council President Rosow asked Council President Pro Tern Coniglio why it is so important to have a vote. There are a limited number ofpeople willing to serve at no cost to the Town. She feels that ARCOM works. It is a rare occasion that she speaks but she was told that the Ethics Commission opinion allowed her to not 4 recuse herself, but she did anyway, and the nightclub issue had been on the books since 9. Council President Pro Tern Coniglio asked to change her motion. 8 Council Member Wildrick disagreed with the Motion and said there should be an automatic 9 rule and not discussed before Town Council every time there are five or more conflicts Motion made by Council President Pro Tern Coniglio, seconded by Council Member 4 Kleid made motion to have an ethics pledge, requirement to leave chambers upon declaring a 4 conflict, penalty for lack of declaration of a conflict, willful violation the decision would be 44 voided, with an automatic removal from the board or commission with excess of 4 conflicts. 4 On roll call, the motion was defeated -. 4 Council President Rosow No 0 I 4/4/09 TC MTG

11 Council President Pro Tem Coniglio Yes Council Member Diamond No Council Member Kleid Yes 4 Council Member Wildrick No There was a five minute break to research the Town Code regarding Florida State 8 registered architects. President Rosow announced that the ARCOM and the Landmarks 9 Ordinances do state that they must be registered in the State offlorida. 0 Motion made by Council Member Diamond to eliminate the State requirement for Florida registered architects from ARCOM and Landmarks. 4 Council Member Diamond did not understand how to get through ARCOM from the building department. The building department should be responsible for construction being architecturally sound. ARCOM is an aesthetic review. President Pro Tern Coniglio indicated that in their review of plans, and the responsibility of the design is up to an architect. Landmarks 8 Commission is a local requirement. Mark Marsh, an architect, stated that a local registered architect needed to understand the documents and the peculiar architecture ofpalm Beach, which makes the Town unique. William Cooley, 8 Windsor Court, gave the example about a Florida architect on the 4 Florida/Georgia who would have no idea ofwhat Palm Beach architecture is. Council Member Diamond's motion died for lack of a second. 8 Council President Rosow read the City ofpalm Beach Gardens conflict ofinterest policy 9 for purposes ofdiscussion. 0 Motion made by Council Member Diamond, seconded by Council Member Wildrick to approve zero conflicts of interests allowed. Mayor McDonald felt the motion was too extreme. 4 On roll call, the motion was defeated 4-. Council President Rosow No Council President Pro Tem Coniglio No 8 Council Member Diamond Yes 9 Council Member Kleid No 40 Council Member Wildrick No 4 4 Motion made by Council President Rosow, seconded by Council Member Wildrick to 4 approve to allow three new conflicts per calendar year and you are out, and a carry over 44 conflict is not a new conflict. I 4/4/09 TC MTG

12 Discussion continued, and Member Keid wanted to set a period of time on the change to the Ordinance. Council President Rosow indicated that it should be effective immediately. Council Member Kleid asked if it is months from the new Ordinance (June) or is it per calendar year. 4 Council President Rosow said it should run on a calendar year and proposed from January to January as a clarification and would be in effect from June, when the new Ordinance should be on second reading. On roll call, motion passed 4- with Council Member Diamond dissenting. *******Lunch recess****** Council Member Diamond made a motion to vote ARCOM Chairman Morgan Wheelock off of the ARCOM Board due to having excessive Conflicts of Interest. Mr. Morgan Wheelock, Chairman of ARCOM, announced that he was happy to have 4 served the Town for over 9 years. For the past years his name has been disparaged by the Council Members and others in the community. He tendered his resignation from ARCOM effective immediately. 8 Council Member Diamond withdrew his motion. President Pro Tem Coniglio inquired if it was a violation of the Sunshine Law to be permitted to meet with Mr. Cooley as an advisor to the Public Works Department to study their budget. Town Attorney Randolph advised her that nothing precluded her from speaking one on one to anyone in the Town, only with other Board/Council members. The members appointed by 4 Wildrick are not Committee members, but simply Town advisors.. Review of Feral Cat Management Program.[Sarah E. Hannah, Assistant Town ManagerlTIME CERTAIN: :00 P.M. 8 This item had been deferred from the February 0, 09, Town Council Meeting. 9 0 Sarah Hannah, Assistant Town Manager, provided a summary ofthe two issues regarding the Ordinance Section 0-9: the maintaining and feeding of the cats, and the second is the authorized program for the Town for the feeding, trapping and neutering of the cats. Palm Beach CATS 4 originally withdrew from the program and then last night withdrew and decided to continue to feed through the end of the fiscal year. Council President Rosow indicated that several months ago, a Board Member resigned and was not permitted to remain on that Board. Only individuals from Palm Beach Cats and Island Cats were the parties that were encouraged in the last few months to 8 work out their differences. I 4/4/09 TC MTG

13 Council President Rosow suggested to defer for one hour to allow further discussion among the two groups to meet in the back conference room to try to come to a reasonable conclusion. 4 Otherwise, the motion would be: Motion made by Council President Rosow after passing the gavel to Council President Pro Tem Coniglio, that feeding of cats shall only be done by owners of private 8 property or their own staff. No third party feeding would be permitted. There will be 9 trapping cages provided by the Town and the cat will be removed to Palm Beach County 0 Animal Control. President Pro Tem Coniglio indicated that this was a time certain item and residents came out to speak on the issue and should be heard. Council Member Kleid agreed with Council 4 President Pro Tern Coniglio and said that they should return the duties back to the County to enforce. Council Member Diamond read the Island Cats brochure and was impressed with them. He would like to settle this issue today. Council Member Wildrick said the citizens should be allowed to speak. 8 Judy Goodman, 0 Seabreeze Ave., representing PB Cats. The Council deferred from February to April the issue of feeding the cats on the island. Both groups have met and are at an impasse. She noted that Island Cats is still suing PB Cats, the Town, and Palm Beach County. She noted that PB Cats has done everything that the Town has required of them. Code Enforcement is not enforcing the Code with regard to Island Cats illegally feeding the cats. 4 David Levitt, 40 Via Manana, representing Island Cats, indicated that mediation failed due to the takeover of the TNR Ordinance. He claimed that PB CATs refused to release public records regarding the microchip data on the cats, Mr. Levitt yielded the rest of his time to his 8 attorney, Terry Waterson. Mr. Waterson indicated they have been feeding the cats. In the absence 9 of a feral cat ordinance, that allows licensure, there is a county ordinance that will take effect. Mr. 0 Diamond asked how vital that information was, and informed them that Island Cats has been feeding the cats without the information. Council President Rosow indicated that there is an Ordinance and they have violated it by 4 feeding cats. He passed the gavel to Coniglio. Motion made by Council President Rosow, seconded by Council Member Wildrick, to allow only the owners of property or their staff are permitted to feed cats. The Town will 8 purchase traps to have the county pick them up and take them off the island Council Member Wildrick stated that he is disappointed in the two groups and that they could not work it out. The Town is also being sued by Island Cats and wasting Town monies. 4 Member Diamond stated that the motion does not achieve anything. Council Member Kleid said 4 this is one way to proceed but may not be the best way to proceed. He suggested going back to the 44 County Ordinance. It would relieve the Town of the cat business and all of the problems associated 4 with it. 4 I 4/4/09 TC MTG

14 Town Manager Elwell asked Code Enforcement which alternative could be better enforced and relying on the County Ordinance to be the regulatory authority and the Town could handle the basic nuisances. He noted that Option from the meeting back up would be helpful. Option is for the Town to continue to designate a feeder. Mayor McDonald asked the Town Manager what the process was before this Ordinance was adopted. Mr. Elwell responded that in 0, there were no designated feeders or trappers. PB Cats came forward and proposed the trapping program. Council President Pro Tern Coniglio said the ordinance could go back to everyone feeding cats. The goal was to tap and neuter the cats to stop the growth. She proposed a third option. PB Cats will take on program until the end of September. At that time - come back in September and bring the issue back to the Council. Council Member Wildrick asked if the County is involved and if they find a feral cat and feed it, are they in violation, and they would be. Council Member Diamond agreed with Council president Pro Tem Coniglio and he did not want to see cats running all over town. Mr. Levitt responded to Council Member Diamond's comments by stating that PB Cats is only spending $0 a month in cat food and Island Cats spends over $000 a month in food. His primary concern is for the cats. He stated that he would take over the cats right now without the records. Assistant Town Manager Hannah was asked her opinion if PB Cats has done the job they were asked to do. She responded they had not to the extent an ideal program would. Council President Rosow repeated his motion to create new ordinance to only allow private property owners, or their property and staff - no third parties are to feed the cats. The Town would provide traps to trap the cats and call Palm Beach County to remove them. Motion died for lack of a second. Council Member Kleid then made a motion to enforce current Ordinance but revise it to state that the authorized feeders be registered with the county and get the Town out of it. Town Manger Elwell indicated that this option would create more bureaucracy. There should be an obligation to neuter and there is with the County Ordinance. The County would not choose one feeder but anyone who applies for and obtains permits. Council Member Wildrick stated that he dislikes creating additional bureaucracy and did not want county involvement. Mayor McDonald asked Mr. Cooley if he had anything to offer since he had helped to mediate the two groups. William Cooley, 8 Windsor Court, noted that when the County picks up the cats, they kill them. He would prefer to see that Town keep control ofthe program. Motion seconded by Council Member Pro Tern Coniglio. On roll call, the motion was defeated -. Council President Rosow Council President Pro Tern Coniglio Council Member Diamond Council Member Kleid No Yes No Yes 4 I 4/4/09 TC MTG

15 Council Member Wildrick No 4 Motion by Council Member Diamond to have Island Cats be the designated feeder. Motion died for lack of a second. More discussion ensued and Island Cats was asked to become the designated feeder on a 8 trial basis, with the condition that they remove the Town from its lawsuit within 4 hours. Mr. 9 Levitt and Mr. Waterson indicated they would need to contact their Board Members for a vote on 0 that. The item was deferred for 4 hours for them to make a decision. Motion by Council Member Diamond, seconded by Council president Pro Tem Coniglio, to allow Island Cats on a temporary basis of three months, to become the 4 designated feeder of the Town of Palm Beach, they will drop the Town from the lawsuit with prejudice, and they have 4 hours to make a decision and report back to the Town Council tomorrow. On roll call, the motion passed 4- with Council Member Kleid dissenting. 8 B. New Business. Consideration of Scheduling an Attorney/Client Session Regarding Town of Palm Beach, Florida 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, 0 South County Road, Palm Beach, Florida. Attorney/Client Session Attendees: Mayor Jack McDonald; Town Council Members David A. Rosow, Gail Coniglio, William J. Diamond, Richard M. Kleid, and Robert N. Wildrick; 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] Motion made by Council Member Kleid, seconded by Council Member Diamond, to schedule an Attorney/Client Session for immediately following the Town Council meeting. On roll call, the motion carried unanimously.. Proposed Donation of 40 Park Avenue to be Maintained by Town as Open Greenspace. [Peter B. Elwell, Town Manager] 4 Town Manager Elwell announced that the attorney for the donor was present in the audience. Mr. Elwell described that the 40 Park Avenue property was a problem property in Town and was frequently in and out of code enforcement proceedings. Mr. Davis' client 8 obtained the property and would like to donate it to the Town and tum it into a park. He 9 stipulated that he wanted a plaque donated recognizing the donor's wife. Town Manager I 44/09 TC MTG

16 Elwell outlined the expenses that needed to be covered. Estimated costs were $,000 to over $00,000.00, and he suggested taking that from the general fund. There was also an outstanding code enforcement fine of $40-0,000 that would be abated and forgiven. The 4 total cost to the Town was $40,000, but the property was appraised at over two million. Town Manager Elwell felt that this would be a win/win for the entire Town. Motion made by Council President Pro Tern Coniglio and seconded by Council 8 Member Wildrick to accept the donation and authorize expenditure of $00,000 from 9 the general fund contingency for costs related to transaction, demolition and 0 landscaping. On roll call, the motion carried unanimously.. City of Riviera Beach Proposal for Intracoastal Waterway Dredging. rh. Paul Brazil, Director of Public Works] TIME CERTAIN: :00 P.M. 4 Dawn Pardo, Chairwoman of the City Commission from the City of Riviera Beach presented a Power Point to the Town Council to propose dredging the intracoastal for a redevelopment plan. Representatives from Rybovitch Yacht Company were also available for 8 comments. Motion to approve proposal with the condition that any beach quality sand be placed on the beaches in the Town of Palm Beach made by Council President Pro Tern Coniglio, and seconded by Council Member Diamond. Upon roll call motion carried unanimously Proposed Worth Avenue Association Event on May 9, 09.[Peter B. Elwell, Town Manager] 8 Town Manager Elwell presented the item and said the Worth Avenue Association was 9 planning a special event on May 9th. Currently, there would be a technical violation for a 0 hour time frame. However, given the Town Council's previous direction regarding the economy and being more helpful to business community, staff recommended conditions of approval. Town Manager Elwell added that those six conditions are now policy that would apply to similar proposals in the future. 4 Motion made by Council Member Kleid, seconded by Council President Pro Tern Coniglio, to approve of the May 9, 09 event with the conditions. On roll call, the motion carried unanimously. 8 9 A second motion was suggested by Town Manager Elwell to approve those 40 conditions for future events. Motion made by Council Member Diamond, seconded by 4 Council President Pro Tern Coniglio. On roll call, the motion carried unanimously. 4 4 I 4/4/09 TC MTG

17 . Proposed Worth Avenue Improvement Project.[Thomas G. Bradford, Deputy Town Manager] a. Review of Proposed Project Management Timeline, Budget, Professional Services, and Interim Financing. 4 Thomas Bradford, Deputy Town Manager, outlined the timeline of the project. The current plan is to have the preliminary assessments done in July 09; the final assessments for the first year of assessments would be in September 8, 09. The group would go to market bonds 8 (permanent financing) in March 0. Anticipated construction bid award would also be in March 9 0. The construction would commence in May 0 and would allow a six month window for 0 that to happen. Deputy Town Manager Bradford recommended Town Council approve Ordinance No. lo- B 09. He suggested working with Mr. Clark Bennett, to issue an RFP to obtain bank offers and 4 report back the Council with the results at the May meeting. He detailed a bond anticipation note as the most practical way to proceed, but did cite some of the risks. Council President Pro Tern Coniglio asked where Mr. Harvey Oyer was today and believed 8 that Worth Ave needs to be re-energized. She expressed that she was not comfortable with the pre paid soft costs and asked what the dollar cost of risk would be. Deputy Town Manager Bradford responded that the Pre-construction cost was $.4 million. Council Member Wildrick echoed Gail's concerns and was supportive ofthe project. The Town should not be put on the hook for $. million. He suggested that the principals co-sign the loans. Council Member Kleid asked for clarification on soft costs. He suggested speaking with Mr. Oyer the following day before making 4 a decision. Council President Rosow said he needed Mr. Oyer to be specific: the landlords needed to 8 be responsible for any of the soft cost that the town incurs and funds, in the event the project does 9 not go forward, up until the time of permanent finance. 0 The item was deferred until the following day. b. ORDINANCE NO An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Providing for an Amendment to the Town's Capital Fund Budget Adopted for the Fiscal Year Commencing October, 08, Providing an Effective Date. 4 OrdinancelO-09 was read by Town Attorney Randolph as printed above. 8 4/4/09 TC MTG

18 I Motion to accept first reading of Ordinance 0-09 made by President Pro Tem Coniglio and seconded by Council Member Diamond. On roll call, the motion carried unanimously. 4. Request by AT&T to Place Fiber Optic Cabinets in the Town Right-of-Way.[H. Paul Brazil, Director ofpublic Works] 8 Motion made by Council member Diamond, seconded by Council Member Kleid, to 9 approve the request by AT&T as long as they screen the cabinets with a hedge. On roll call, 0 the motion carried unanimously. II. Parking 4 a. Report on Two Hour Parking Trial Period on Worth Avenue and Request to Provide Two Hour Parking on Hammon Avenue. [Richard F. Howe, Acting Police Chief] Acting Police Chief Rick Howe, indicated that last June the Town Council increased 8 parking on Worth Ave. to hours. The parking revenue has decreased but was proposing a month trial basis on Hammon Avenue at the request of the Colony Hotel to hours also. Council Member Wildrick asked about the need for Hammon Ave. additional parking. Acting Chief Howe responded that The Colony had requested the spaces for lunch customers, which typically takes more than an hour. He added that the colony does have valet parking as well. 4 Motion made by Council Member Diamond and seconded by Council president Pro Tem Coniglio to allow two hour parking for a six month trial period. Acting Police chief Howe is to inform the Colony that the two hour spaces are not for valet or employee parking. 8 On roll call, the motion carried unanimously 9 0 b. Two Hour Free Parking Spaces at Phipps Ocean Park. [Jay Boodheshwar, Director of Recreation] Mr. Jay Boodheshwar, Director ofrecreation, requested an additional parking spaces at 4 Phipps Ocean Park for the morning hours only when the most tennis players attend the facility. Their staff had been receiving complaints regarding the south lot, the cost and inconvenience of the location ofthe parking kiosks. Staff recommends the spaces are first come first serve for hour parking until noon. 8 84/4/09 TC MTG

19 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON APRIL 4,09 Motion to approve made by President Pro Tern Coniglio seconded by Council Member Kleid. Upon roll call, motion carried unanimously Code Enforcement Board Recommendation for Foreclosure Action- Caribbean Road.[Richard F. Howe, Acting Police Chief] Acting Police Chief Richard Howe informed the Town Council that the property owner has given the home back to the bank, and the amount owed the Town in code violations was 8 $,0.00. The Code Enforcement Board recommended foreclosure action. 9 0 Motion made by Council Member Kleid, seconded by Council Member Diamond to begin foreclosure proceedings. On roll call, the motion carried unanimously. 9. Request for Authorization to Fill an Upcoming Staff Vacancy.[Jane Stroder, Director of Finance] 4 Motion made by Council Member Wildrick, seconded by Council Member Diamond, to approve the request for authorization to fill an upcoming staff vacancy. On roll call, the 8 motion carried unanimously. 0. Planning and Zoning Commission Appointments.[John S. Page, Director of Planning, Zoning, and Building] Council President Rosow announced that James Ryan was promoted to a Regular Member 4 and Michael Spaziani was appointed an Alternate Member.. Recreation Advisory Appointments,[Jay Boodheshwar, Director of Recreation] 8 Council President Rosow announced that Timothy O'Hara and Daniel McDonnell were 9 appointed as regular Members; Pamela McIver and June Bakalar were appointed as Alternate 0 Members.. RESOLUTION NO. -09 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Donations Policy,[Sarah E. Hannah, Assistant Town Manager] 4 4/409 TC MTG

20 President Pro Tern Coniglio felt that this Resolution was extreme. Mayor McDonald asked if you were a member of a group that was donating funds if you needed to disclose that. Council Member Kleid said the idea was a good one but the resolution was too broad. He cited the Par golf course as an example where many members donated. He thinks it was directed to non-town sponsored events. Council President Rosow thought this was a stupid policy. Town Manager Elwell indicated that it was the Town Council that requested that a resolution be drafted and brought back to the Town Council for a vote. Item VII!.H.l., Resolution No. -09 was pulled from the Consent Agenda.. Approval to Continue Current Schedule of Business Tax Fees.[John S. Page, Director of Planning, Zoning, and Building] Motion made by Council President Pro Tern Coniglio to approve a % increase. Motion died for lack of a second. Motion made by Council Member Diamond, seconded by Council Member Wildrick to accept staff recommendations. On roll call, the motion passed 4- with Council President Pro Tern Coniglio dissenting. Item VIII..., Approval to continue Current Schedule of Business Tax Fees, was pulled from the Consent Agenda. 4. RESOLUTION NO. -09 A Resolution ofthe Town Council ofthe Town ofpalm Beach. Palm Beach County, Florida, Supporting a Dedicated Funding Source for Commuter Rail Services.[Thomas G. Bradford, Deputy Town Manager] Council Member Diamond said this was a feel good resolution that does nothing for the Town. Town Attorney Randolph read Resolution No. -09 by title, as printed above. Motion made by President Pro Tern Coniglio, seconded by Council Member Kleid. On roll call, the motion was defeated -. Council President Rosow Council President Pro Tern Coniglio Council Member Diamond Council Member Kleid Council Member Wildrick No Yes No Yes No Item VIII. H.., Resolution -09 was pulled from the Consent Agenda. I4/4/09 TC MTG

21 XII. ORDINANCE A. Second Reading None B. First Reading. ORDINANCE NO. -09 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter, Administration, Article III, Officers and Employees, Division, Generally, to Include a New Section -4, Titled Prohibited Conduct after Termination of Employment or Office with the Town, So as to Prohibit Employees or Elected Officials from Personally Representing Another Person or Entity for Compensation Before the Town for a Period of Two Years Following Termination of Employment or Elected Office with the Town; Providing for Penalties; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. [John C. Randolph, Town Attorneyl 4 Town Attorney Randolph read the Ordinance by title, as printed above. 8 Mayor McDonald stated that there needs to be more definition of what the word "lobbying" 9 is, and what "staff contact" meant. President Pro Tern Coniglio agreed with the Mayor. Town 0 Manager Elwell indicated it was meant for elected officials and former employees. Council Member Diamond added that in city government there is prohibition for employees, but felt this should pertain to Town Council Members also. The language regarding speaking to town staff is in question. The staff doesn't make decisions- it is the Town Council that makes the decision. Council 4 Member Kleid said by using the term "discretionary" allows people to obtain permits and other regular business, but crossing into lobbying is another matter. It was discussed that the Town Attorney would change the Ordinance to reflect that contact with staff would be permitted and the second reading would occur at the May Town Council meeting. 8 Motion made by Council Member Diamond, seconded by Council Member Wildrick to approve Ordinance No On roll call, the motion carried unanimously.. ORDINANCE NO An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending Chapter 8 of the Town Code of Ordinances at Chapter 4, Environment; Article V, Noise; Section 4-8, So as to Include Additional Prohibitions on Machinery During the Period Beginning November and Ending January of the Following Year; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. [John C. Randolph, Town AttorneylDeferred from the March 0, 09, Town Council Meeting. 4/4/09 TC MTG

22 Town Attorney Randolph read the Ordinance by title, as printed above. John Page, Director of Planning and Zoning, indicated that there are approximately demolitions per year with - per year occurring during season. President Pro Tem Coniglio requested the prohibitive dates be December th - February th, Brian McIver, 9 Island Drive, spoke as a resident between two previous demolitions. He 8 stated that it was very disruptive and can go on for weeks. Furniture becomes dusty, and it is noisy. 9 The gutting of a building is more destructive than a total demolition. He urged the Town Council 0 to consider what demolition means. He suggested that November-February was reasonable and did not feel that the machinery regulation was clear enough. Discussion continued among the Town Council Members whether to use a percentage of 4 building destruction. Council President Rosow did not want any demolition, exterior or interior, during the banned time. Council President Rosow suggested prohibition of all demolitions from December th -February th unless interior demolition and removal took less than days. Raise the fine to $000 for violations. 8 Town Attorney re-read the Ordinance with the new language for first reading. Motion made by Council Member Kleid, seconded by Council Member Diamond to approve Ordinance No with the added language. On roll call, the motion carried unanimously. 4. ORDINANCE NO An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending Chapter 8 of the Code of Ordinances Relating to the Retirement System; Amending Section 8-98 to Amend Subsection (c) Paragraph Providing for Member Choice Between System Investment Method and Self-directed Investment Method after Vesting in Share Account Benefit; Amending Section 8-98(d) Paragraph to Delete the Language Providing for No Interest on Withdrawals Before September 0 to Conform to the Practice; Amending Section 8-99 by Changing Subsections (a) and (d) Providing for Member Choice Between System Investment Method and Self-directed Investment Method for Drop Accounts; Amending Section 8-99(d)() to Allow Drop Assets to Stay in Plan after Firefighter Termination of Employment; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. [William J. Hanes, Pension Administrator] Town Attorney Randolph read Ordinance No by title, as printed above. 8 9 William Hanes, Pension Administrator presented the Ordinance and explained the purpose 0 of the requested pension plan change. Council Member Wildrick asked that if the plan failed, or had losses, would the Town be liable to make up the difference in the self-directed plans. Mr. Hanes responded that the Town would not. I 4409 TC MTG

23 Motion made by Council President Pro Tern Coniglio, seconded by Council Member Diamond to adopt Ordinance No On roll call, the motion carried unanimously. 4 XIII. ANY OTHER MATTERS There were none. XIV. ADJOURNMENT 8 There being no further business, the April 4, 09, Regular Town Council Meeting was 9 adjourned at : p.m. 0 4 ATTEST: ~::P 8 Town Clerk /4/09 TC MTG APPROVED: ~f)!k- DavId A. Rosow Town Council President