NovusAGENDA

TENTATIVE:

SUBJECT TO

REVISION

TOWN OF PALM BEACH

Town Council Meeting

TOWN HALL
COUNCIL CHAMBERS - SECOND FLOOR
360 SOUTH COUNTY ROAD

AGENDA

June 13, 2023
9:30 AM

Welcome


	For information regarding this agenda and the procedures for public participation at Town Council Meetings, please refer to the end of this agenda.


	I.	CALL TO ORDER AND ROLL CALL


		Danielle H. Moore, Mayor Margaret A. Zeidman, President Bobbie Lindsay, President Pro Tem Julie Araskog Ted Cooney Lew Crampton


	II.	INVOCATION AND PLEDGE OF ALLEGIANCE


	III.	MODIFICATIONS TO THE AGENDA


	IV.	APPROVAL OF AGENDA


	V.	RECOGNITIONS


		A.	Recognition of Nicholas Coniglio for his service on the Recreation Advisory Commission from April 2016 to April 2023
			Danielle H. Moore, Mayor


	VI.	PRESENTATIONS


		A.	Presentation by Palm Beach County Commission on Ethics
			Gina Levesque, Intake and Compliance Manager


	VII.	COMMENTS OF MAYOR DANIELLE H. MOORE


	VIII.	COMMENTS OF TOWN COUNCIL MEMBERS


	IX.	COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE


	X.	APPROVAL OF CONSENT AGENDA (SEE NOTE 5)


		A.	MINUTES


			1.	Town Council Meeting Minutes Pat Gayle-Gordon, Deputy Town Clerk a. May 9, 2023, Town Council Meeting Minutes b. May 10, 2023, Town Council Meeting Development Review Minutes

			2.	Approval of Major Matters Considered by the Architectural Review Commission at its Meeting of May 24, 2023.
				Wayne Bergman, Director of Planning, Zoning and Building


		B.	RESOLUTIONS


			1.	RESOLUTION NO. 049-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order to Mock Roos Consulting Engineers for Town-wide Stormwater Pump Station Condition Assessment in the amount not to exceed $100,000.
				Dean Mealy, Procurement and Contract Manager
			2.	RESOLUTION NO. 064-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order in the amount of $64,350 to Kimley-Horn and Associates, Inc. for Construction Phase Services for the A-39 Wastewater Pump Station Structural Repairs.
				Dean Mealy, Procurement and Contract Manager
			3.	RESOLUTION NO. 065-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, awarding ITB No. 2023-29, Parking Lot Expansion at Par 3 to R & D Paving in the Amount of $129,203.60 and Establishing a Project Budget of $142,123.
				Dean Mealy, Procurement and Contract Manager
			4.	RESOLUTION NO. 066-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding ITB No. 2023-40, Sanitary Sewer Repairs at Multiple Locations to Johnson Davis in the Amount of $240,000 and Establishing a Project Budget of $276,000.
				Dean Mealy, Procurement and Contract Manager
			5.	RESOLUTION NO. 067-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, awarding a purchase order to Kimley-Horn and Associates, Inc. in the amount of $175,100 for a Town-wide Wastewater Pump Station Condition Assessment.
				Dean Mealy, Procurement and Contract Manager
			6.	RESOLUTION NO. 068-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, approving retro-active authorization for issuance of purchase orders to Duval Ford for three F-150 vehicles in the amount of $99,652.56.
				Dean Mealy, Procurement and Contract Manager
			7.	RESOLUTION NO. 069-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding RFP No. 2023-36, Emergency Food Services to TooJays and GRL Investment Group LLC.
				Dean Mealy, Procurement and Contract Manager
			8.	RESOLUTION NO. 070-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, awarding ITB No. 2023-28, Seaview Tennis Courts Resurface and Fence Replacement Project to Professional Tennis Court Services in the amount of $326,375.18 and Establishing a project budget in the amount of $375,331.
				Dean Mealy, Procurement and Contract Manager
			9.	RESOLUTION NO. 071-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order to Insight Public Sector for Phase 2 of the Town's computer and storage infrastructure in the amount of $90,570.
				Dean Mealy, Procurement and Contract Manager
			10.	RESOLUTION NO. 072-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Purchase Order to Business Information Systems, DBA BIS Digital for Town Council Audio Video Technology in the Amount of $202,203 and Establishing a Five-Year Award in the amount of $261,556.80.
				Dean Mealy, Procurement and Contract Manager
			11.	RESOLUTION NO. 074-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding ITB No. 2023-26, AC Replacement Project to Pilar Services Inc. for Par 3 Clubhouse in the Amount of $79,050 and Establishing a Project Budget of $86,955 and to Florida Mechanical LLC for Town Hall and Central Fire in the amount of $110,760 and Establishing a Project Budget in the amount of $121,769.
				Dean Mealy, Procurement and Contract Manager
			12.	RESOLUTION NO. 075-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding ITB No. 2023-41, A-39 Wastewater Pump Station Structural Repairs to Murray Logan Construction, LLC in the Amount of $490,628 and Establishing a Project Budget in the Amount of $563,500.
				Dean Mealy, Procurement and Contract Manager
			13.	RESOLUTION NO. 076-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, awarding a Purchase Order to Asset Works for Fueling Station Hardware and Software in the Amount of $73,652.88 and Establishing a Project Budget in the Amount of $80,000.
				Dean Mealy, Procurement and Contract Manager


		C.	OTHER


			1.	Donation Acceptance from Palm Beach Police and Fire Foundation
				Darrel Donatto, Fire Rescue Chief
			2.	Request to Hold Preservation Foundation of Palm Beach Event in Bradley Park
				Carolyn Stone, Deputy Town Manager - Business Enterprise and Culture


	XI.	BOARD/COMMISSION ANNUAL REPORT


		A.	Annual Report of the Code Enforcement Board
			Bram Majtlis, Chair


	XII.	COMMITTEE REPORTS


		A.	Report of the Ordinances, Rules and Standards Committee meeting held on May 23, 2023
			Julie Araskog, Chair


	XIII.	REGULAR AGENDA


		A.	Matters Pulled From Consent Agenda: If needed


		B.	Old Business


			1.	Town-wide Undergrounding Project H. Paul Brazil, P.E., Director of Public Works a. Review of Project and Dashboard, Summary of Project Status b. Review of Right-of-Way Impacts from Ongoing Construction

			2.	Code Enforcement Board Referral -Trevini Restaurant and Palm Beach Parking Valet Violations
				Nicholas Caristo, Chief of Police
			3.	Consideration of Approval of Modified Four Arts Agreement Regarding Lake Trail Right-of-Way
				John C. Randolph, Town Attorney
			4.	Phipps Ocean Park Budget Estimate Update TIME CERTAIN: 11:00 AM
				Carolyn Stone, Deputy Town Manager- Business Enterprise and Culture


		C.	New Business


			1.	Code Enforcement Board Referral - Bricktops Restaurant and Declarations of Use Review
				Nicholas Caristo, Chief of Police
			2.	Proposed Addition of a Louvered Pergola to the Mandel Recreation Center
				Mark Bresnahan, Director of Recreation


	XIV.	ORDINANCES


		A.	Second Reading


			1.	Proposed Ordinance to Amend Section 106.48 of the Town Code, Relative to Unlawful Solicitation from Public Streets or Sidewalks ORDINANCE NO. 007-2023 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Repealing Section 106.48, Titled "Unlawful To Solicit from Public Streets or Sidewalks", Providing for Severability, Providing for Repeal of Ordinances in Conflict, for Codification, Providing an Effective Date.
				John C. Randolph, Town Attorney


		B.	First Reading


			1.	Proposed Ordinance to Amend Chapter 106 of the Town Code Relative to Prohibiting Persons from Standing in the Public Rights of Way, Roadways or Public Sidewalks for any Purpose which Interrupts the Normal Flow of Vehicular or Pedestrian Traffic ORDINANCE NO. 013-2023 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending Chapter 106, Streets, Sidewalks and Other Public Places At Article II, Streets To Create A New Section 106-48 Prohibiting Persons From Standing In The Portion of, Public Rights of Way, Roadways or Public Sidewalks of The Town For Any Purpose Which Is Intended to or Actually Interrupts The Normal Flow of Vehicular or Pedestrian Traffic or For The Purpose of Inviting or Enticing A Person To Enter A Commercial Establishment Adjacent To Said Right of Way, Street or Sidewalk; Providing For Severability; Providing For Repeal of Ordinances In Conflict; Providing For Codification; Providing For An Effective Date.
				John C. Randolph, Town Attorney
			2.	Proposed Ordinance to Amend the FY23 Budget ORDINANCE NO. 014-2023 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Providing for an Amendment to the Town's Budgets Adopted for the Fiscal Year Commencing October 1, 2022, and Providing an Effective Date.
				Bob Miracle, Deputy Town Manager - Finance and Administration
			3.	Proposed Ordinance to Amend Chapter 114 of the Town Code Relative to Local Business Tax ORDINANCE NO. 015-2023: An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 114 Taxation, Article II, Local Business Tax, at Section 114-43 Schedule, so as to Amend the Fees Delineated for Each Business, Profession or Occupation; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date.
				Wayne Bergman, Director of Planning, Zoning and Building


	XV.	ANY OTHER MATTERS


	XVI.	ADJOURNMENT

PLEASE TAKE NOTE:

Note 1:	Please submit written comments/materials to council@townofpalmbeach.com or in person to the Town Clerk's Office, located at Town Hall, 360 South County Road. No written materials received after 3:30 p.m. on the Wednesday immediately prior to a monthly Town Council meeting will be included in the back-up binders distributed to the Mayor and Town Council in preparation for that meeting. Written materials received after 3:30 p.m. on Wednesday 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.
Note 2:	The progress of this meeting may be monitored by visiting the Town's website (townofpalmbeach.com) and clicking on "Meeting Audio" in the left column. If you have questions regarding that feature, please contact the Office of Information Technology (561) 227-6315. The audio recording of the meeting will appear within 24 hours after the conclusion of the meeting.
Note 3:	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.
Note 4:	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 838-5410 or through the Florida Relay Service by dialing 1-800-955-8770 for voice callers or 1-800-955-8771 for TDD callers, at least two (2) working days before this meeting.
Note 5:	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.
Note 6:	All back-up material for the items listed on the agenda are posted to the Town's website and emailed to all Stay Informed subscribers on the Friday before the Town Council meeting. To access the back-up materials and/or subscribe to the Stay Informed list, please visit the Town's website (townofpalmbeach.com).

PROCEDURES FOR PUBLIC PARTICIPATION

Citizens desiring to address the Town Council should proceed toward the public microphones when the applicable agenda item is being considered to enable the Town Council President to acknowledge you.

PUBLIC HEARINGS:	Any citizen is entitled to be heard on an official agenda item under the section entitled "Public Hearings," subject to the three minute limitation.

COMMUNICATIONS FROM CITIZENS:	Any citizen is entitled to be heard concerning any matter under the section entitled "Communications from Citizens," subject to the three minute limitation. The public also has the opportunity to speak to any item listed on the agenda, including the consent agenda, at the time the agenda item comes up for discussion.

OTHER AGENDA ITEMS:	Any citizen is entitled to be heard on any official agenda item when the Town Council calls for public comments, subject to the three minute limitation.

Town Council Meetings are public business meetings and, as such, the Town Council retains the right to limit discussion on any issue.