TENTATIVE:

SUBJECT TO

REVISION 

TOWN OF PALM BEACH
Town Manager's Office

Town Council Meeting

TOWN HALL
COUNCIL CHAMBERS - SECOND FLOOR
360 SOUTH COUNTY ROAD

AGENDA

September 10, 2019

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

Gail L. Coniglio, Mayor

Danielle H. Moore, President

Margaret A. Zeidman, President Pro Tem

Julie Araskog

Lew Crampton

Bobbie Lindsay

II.INVOCATION AND PLEDGE OF ALLEGIANCE
III.MODIFICATIONS TO THE AGENDA
IV.APPROVAL OF AGENDA
V.PRESENTATIONS
A.

Presentation on Royal Poinciana Playhouse

Alexandra Patterson, Up Markets
VI.COMMENTS OF MAYOR GAIL L. CONIGLIO
VII.COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER
VIII.COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE
IX.APPROVAL OF CONSENT AGENDA (SEE NOTE 5)
A.MINUTES
1.

Town Council Meeting Minutes

Kathleen Dominguez, Town Clerk

 

a. July 11, 2019, Town Council Meeting Minutes (amended)

b. August 14, 2019, Town Council Meeting Minutes

c. August 14, 2019, Development Review Town Council Meeting Minutes

2.

Approval of Major Matters Considered by the Architectural Review Commission at its Meeting of August 28, 2019.

Josh Martin, Director of Planning, Zoning and Building
B.RESOLUTIONS
1.

RESOLUTION NO. 80-2019 A Resolution Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Approving Proposed Fixed Costs For Property, Liability, Workers’ Compensation, Automobile And Ancillary Coverages For FY2020 In The Amount Of $877,113 And Variable Costs In The Amount Of $1,647,500; Approving A Non-Exclusive Insurance Broker Services Agreement With Relation Insurance Service Of Florida, Inc. “Relation”, In The Amount Of $35,000; Approving A Non-Exclusive Insurance Broker Services Agreement With Arthur J. Gallagher Risk Management Services, Inc., “AJG,” In The Amount Of $10,000; Approving A Third Party Administration Services Agreement With Preferred Governmental Claim Solution “PGCS” In The Amount Of $26,400; Conditioning All Matters Contained Herein Subject To Approval Of The Fiscal Year 2020 Budget; And Authorizing The Town Manager To Execute The Non-Exclusive Insurance Broker Services Agreements With Relation, AJG And PGCS On Behalf Of The Town.

Danielle Olson, Director of Human Resources
2.

RESOLUTION NO. 81-2019 A Resolution of The Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approves the Award of GSA Contract No. GS-07F-0031W to Millennium Products Inc. in the Amount of $93,520 From the Equipment Replacement Fund, Contingent Upon Budget Approval for the Replacement of Five License Plate Readers and Chalking System in the Five Parking Enforcement Vehicles.

Dean Mealy, Purchasing Manager
3.

RESOLUTION NO. 82-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Removal of the Sole Source Designation for Johnson Controls, Incorporated Approved By Resolution No. 61-2014.

Dean Mealy, Purchasing Manager
4.

RESOLUTION NO. 83-2019  A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida Approving the Award of Bid No. 2019-30 for Plan, Review and Inspection Services to the Following Firms; C.A.P. Government Inc., Diversified Building Department Management, Evans-Hughes Code Inspections, Inc., GFA International, Inc., Hy-Byrd Inspections, Inc. and M.T. Causley, LLC in the Annual Amount of $240,000, Contingent Upon Budget Approval and a Five-Year Award of $1,200,000.

Dean Mealy, Purchasing Manager
5.

RESOLUTION NO. 84-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving Purchase Orders to Palm Beach County for Maintenance and Repair of the Fire Rescue Fleet Apparatus in an Amount Not-to-Exceed $126,000, Contingent Upon Budget Approval.

Dean Mealy, Purchasing Manager
6.

RESOLUTION NO. 86-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Award of RFP No. 2019-24, Historic Site Survey Services to Environmental Services, Inc. in the Amount $93,528, and a Total Project Budget of $107,528.

Dean Mealy, Purchasing Manager
7.

RESOLUTION NO. 88-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order to SHI International Corporation, Utilizing the State of Florida Contract No. 43230000-15-02 for Microsoft Office Software and Operating Systems Licensing in an Amount Not-to-Exceed  $107,250 Contingent upon Budget Approval.

Dean Mealy, Purchasing Manager
8.

RESOLUTION NO. 89-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order to Superion, LLC for Annual Purchase of Software Maintenance in an Amount Not To Exceed  $114,500, To Support Police Operational Requirements, Contingent upon Budget Approval.

Dean Mealy, Purchasing Manager
9.

RESOLUTION NO. 90-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order to Tyler Technologies, Inc., for Software Support and Licensing in an Not-to-Exceed $89,000, Contingent Upon Budget Approval.

Dean Mealy, Purchasing Manager
10.

RESOLUTION NO. 92-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Award of  Invitation to Bid No. 2019-26, Temporary Staffing Services for the Department of Business Development and Operations to  Spur Employment, Inc. as the Primary Vendor and AP Recruiters, and Associates as the Secondary Vendor  in the Annual Contract Amount of $428,000, Contingent Upon Budget Approval and a Five-Year Proposed Contract Valued at $2,247,000 Based on Vendor Performance and Contingent Upon Budget Approval. 

Dean Mealy, Purchasing Manager
11.

RESOLUTION NO. 93-2019  A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Extension of Bid No.  2017-22, Street Sweeping and Bike Trail Sweeping to All American Sweeping, Inc. in the Amount of $93,000 and a Three-Year Proposed  Contract in the Amount of $279,000 Contingent upon Budget Approval.

Dean Mealy, Purchasing Manager
12.

RESOLUTION NO. 94-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving Authorization to Extend the Award of Contract 2018-45, for Disaster Debris First Pass, Cut and Toss to Arbor Tree and Land, Inc. for Services Post-Storm or Hurricane During the Initial Seventy-two Hour Post Event.

Dean Mealy, Purchasing Manager
13.

RESOLUTION NO. 95-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order to Regions Security Services in the Amount of $40,000, Contingent upon Budget Approval.

Dean Mealy, Purchasing Manager
14.

RESOLUTION NO. 96-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving  the Extension of Contract No. 90-2016 for Painting Services to Sun Art Painting in the Amount of $25,000, Contingent upon Budget Approval.

Dean Mealy, Purchasing Manager
15.

RESOLUTION NO. 97-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving  the Extension of Bid No.  2017-12, Worth Avenue Living Wall Maintenance to GSKY Plant Systems, Inc., in the Amount of $31,000, and a Three-Year Proposed Contract  Amount of $93,000, Contingent upon Budget Approval.

Dean Mealy, Purchasing Manager
16.

RESOLUTION NO. 98-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Extension of Contract No. 117-2015 for Carpentry Services to Nulite Sliding Doors and Window in the Amount of $100,000, Contingent upon Budget Approval.

Dean Mealy, Purchasing Manager
17.

RESOLUTION NO. 99-2019  A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving  the Extension of Contract No. 2016-27 for Roof Inspections to Knoph and Associates, Inc., in the Amount of $20,000, Contingent upon Budget Approval.

Dean Mealy, Purchasing Manager
18.

RESOLUTION NO. 100-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing an Extension of Six Contracts with Batallan Enterprises, Inc. dba Property Works for Contract 2015-23, Grounds Maintenance, 2017-23, Hedge Trimming, 2014-02, Landscape Maintenance, 2014-02, Peruvian Ave Maintenance, 84-2014, Mulch Application and 2014-38, Landscape Fertilization and Pest Control for a Period of Sixty Days in the Total Amount of $40,000 While the New Bid Is Vetted for Background Checks and Vendor Responsibility, Contingent Upon Budget Approval.

Dean Mealy, Purchasing Manager
19.

RESOLUTION NO. 101-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving Authorizsation to Extend Contract 2016-05, and 2016-03 for Disaster Debris Post-Storm or Hurricane to DRC Emergency Services, LLC.,  Phillips and Jordan and Rostan Solutions, LLC., for Fiscal Year 2020.

Dean Mealy, Purchasing Manager
20.

RESOLUTION NO. 102-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Final Extension of Bid No. 2015-06, Maintenance of Beds at Royal Palm Way and Southern Blvd. and the Circular Beds on Royal Poinciana Way to Batallan Enterprises, dba,  Property Works in the Amount of $35,000, Contingent Upon Budget Approval.

Dean Mealy, Purchasing Manager
21.

RESOLUTION NO. 103-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Piggyback of the Osceola County Contract No. RFP 16-4469-TP, for Town-Wide Security Surveillance Equipment, Maintenance and Installation to Miller Electric Company, dba, Site Secure in the Amount of $80,000, Contingent Upon Budget Approval.

Dean Mealy, Purchasing Manager
22.

RESOLUTION  NO. 109-2019  A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Termination of Bid No. 2019-08 to C&W Pipeline for the Worth Avenue Infrastructure Improvements and  Award to Johnson-Davis, Inc. to Complete the Project For a Proposed Budget of $1,221,995 and a Total Project Budget of $1,405,294.

Dean Mealy, Purchasing Manager
23.

RESOLUTION NO. 111-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida Designating Town Depositories for Fiscal Year 2020 Pursuant to Section 2-517 of the Town Code of Ordinances and Designating Parties to Sign Checks or Warrants on Behalf of the Town Pursuant to Section 2-36 of the Town Code of Ordinances.

Jane Le Clainche, Director of Finance
24.

RESOLUTION NO. 113-2019  A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Funding Policy for the Town of Palm Beach Retirement System; Providing an Effective Date.

Jane Le Clainche, Director of Finance
C.OTHER
1.

Health Insurance Rates for Plan Year 2020

Danielle Olson, Director of Human Resources
X.COMMITTEE REPORTS
A.

Report of the Ordinances, Rules and Standards Committee Meeting Held on July 8, 2019
Julie Araskog, Chair

 

1.     RESOLUTION NO. 68-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order for Engineering Services to Kimley-Horn and Associates, Inc. (KHA) for the Study and Development of a Truck Traffic Regulation Plan in the Amount of $39,864 to be Funded From the General Fund Contingency.

H. Paul Brazil, P.E., Director of Public Works

B.Report of the Public Works Committee Meeting Held on August 15, 2019
Bobbie Lindsay, Chair
XI.REGULAR AGENDA
A.Old Business
1.

Town-wide Undergrounding Project:

 

a. Review of Project and Dashboard, Summary of Project Status

    Steven Stern, Project Manager

 

b.  Phase 1 North Easement Abandonment

    Patricia Strayer, P.E., Town Engineer

2.

Coastal Update:

H. Paul Brazil, P.E., Director of Public Works

 

a. RESOLUTION NO. 104-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving State Grant of Florida Department of Environmental Protection Contract No. 20PB8, Between the State of Florida Department of Environmental Protection and the Town of Palm Beach Under the Florida Beach Management Funding Assistance Program, Specifically Reimbursement for Lake Worth Inlet Management Plan Implementation in the Amount of $591,500, and Authorizing the Mayor to Execute Same on Behalf of the Town.

 

b. RESOLUTION NO. 105-2019  A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving State Grant of Florida Department of Environmental Protection Contract No. 20PB3, Between the State of Florida Department of Environmental Protection and The Town of Palm Beach Under The Florida Beach Management Funding Assistance Program, Specifically Monitoring Reimbursement for the 2015 Mid-Town Beach Nourishment Project, in the Amount of $34,398, and Authorizing the Mayor to Execute Same on Behalf of The Town.

 

c. RESOLUTION NO. 106-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving State Grant of Florida Department of Environmental Protection Contract No. 20PB5, Between the State of Florida Department of Environmental Protection and the Town of Palm Beach Under the Florida Beach Management Funding Assistance Program, Specifically Monitoring Reimbursement for the 2016 Phipps Ocean Park Beach Nourishment Project, in the Amount of $28,470, and Authorizing the Mayor to Execute Same on Behalf of the Town.

 

d. RESOLUTION NO. 107-2019 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Payment in the Not-to-Exceed Amount of $100,000 to the U.S. Army Corps of Engineers Jacksonville District, for Administrative and Engineering Services to Include the Phipps Ocean Park Beach Nourishment Project as an Option for Construction with the Mid-Town Federal Shore Protection Project.

 

e. RESOLUTION NO. 110-2019  A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Contract Increase in Regard to Awarded Bid No. 2016-28 to Coston Marine Services, Inc., in the Amount of $262,310 to Remove Additional Rock and Sediment for the Construction of the Lake Worth Lagoon Waterway Access Maintenance Dredging; Increasing the Contract Amount from $1,329,310.50 to $1,591,610.50 and Establishing a New Construction Phase Budget of $1,671,000, Including Contingency, Contingent Upon Town Council Acceptance and Receipt of Donations to Fully Fund this Project and the Respective Construction Administration Services.

3.

Town Marina Project Update

H. Paul Brazil, P.E., Director of Public Works
B.New Business
1.Proposed 2020 Town Council Meeting Schedule
Kirk W. Blouin, Town Manager
2.Proposed Town Sponsorship of Business Association Special Event on December 8, 2019, to be Hosted by the Worth Avenue Association. 
Kathleen Dominguez, Town Clerk
3.RESOLUTION NO. 112-2019  A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Adopting an Amendment to the Town of Palm Beach Retirement System Investment Policy Statement; Providing for Repeal of Conflicting Resolutions; and Providing an Effective Date. 
Jane Le Clainche, Director of Finance
C.Matters Pulled From Consent Agenda: If needed
XII.ORDINANCES
A.Second Reading
1.

ORDINANCE NO. 27-2019 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending Chapter 106, Streets Sidewalks and Other Places; at Section 106-18 Application Fee/Privilege Fee at Item (a) to Make the Fee be in Accordance with the Fee Schedule as Adopted by Town Council Resolution, and at Section 106-122, Adoption of Resolution, to Delete the Need for Filing a Certified Copy of the Resolution in the Public Records of the County; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.

H. Paul Brazil, P.E., Director of Public Works
2.

ORDINANCE NO. 31-2019 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Charter at Section 5.01, General Elections, to Provide the Municipal Election Date Concurrent with a Statewide or Countywide Election, and Amending the Town Code of Ordinances at Chapter 34, Elections, to Provide a New Article IV, Municipal Election Date And Election Qualifying Period for Years When the Town Holds its Municipal Elections Concurrently With Presidential Preference Primary Elections; Providing For A Run-Off Election if Necessary; Providing For Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date.

Kathleen Dominguez, Town Clerk
3.

ORDINANCE NO. 32-2019 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Charter at Section 3.01, Town Council: Composition, Modifying the Date of the Election of the President and President Pro Tem; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date.

Kathleen Dominguez, Town Clerk
4.

ORDINANCE NO. 35-2019  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 82-54, Credited Service; Loss Of Credited Service; Reinstatement Of Credited Service; Amending Section 82-57, Board Of Trustees; Administrative Duties; Investment Of Retirement System Assets; Amending Subdivision II, Reserve Accounts, By Amending Section 82-80, Member Contributions; Amending Subdivision III, Firefighters, By Amending Section 82-94, Retirement Age And Service Conditions For Firefighters; Section 82-96, Optional Forms Of Payment Of A Pension For Firefighters; Section 82-99, Deferred Retirement Option Program; Section 82-101, Duty Disability Special Provisions; And Section 82-106, Duty Disability Special Provisions; Amending Subdivision IV, Police Officers, By Amending Section 82-114, Retirement Age And Service Conditions For Police Officers; Section 82-116, Optional Forms Of Payment Of A Pension For Police Officers; Section 82-121, Duty Disability Special Provisions; And Section 82-126, Duty Death Special Provisions; Amending Subdivision V, General Employees And Lifeguards; By Amending Section 82-136, Optional Forms Of Payment Of A Pension For Benefit Group General And Benefit Group Lifeguard; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.

Danielle Olson, Director of Human Resources
5.

ORDINANCE NO. 36-2019 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending Chapter 6 of the Town Code of Ordinances, Alcoholic Beverages, At Section 6-9, Relating to the Prohibition of Consumption of Alcoholic Beverages in Public Places, At Subsection (3) So as to Provide An Additional Exception Providing That Patrons of Seaview Park May Consume on the Seaview Park Property, Alcoholic Beverages That are Served in Conjunction With Facility Rentals in Seaview Park With the Approval of the Town Manager; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date.

Carolyn Stone, Director of Business Development and Operations
B.First Reading
1.

EMERGENCY ORDINANCE NO. 37-2019 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Rescinding Ordinance No. 24-2019 Titled Prohibition Of Polystyrene Containers And Single Use Carry Out Plastic Bags; Providing For Severability; Providing For Codification; Providing An Effective Date.

Jay Boodheshwar, Deputy Town Manager
XIII.ANY OTHER MATTERS
XIV.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 12:00 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 12:00 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.
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.