NovusAGENDA

TENTATIVE:

SUBJECT TO

REVISION

TOWN OF PALM BEACH

Town Council Meeting

TOWN HALL
COUNCIL CHAMBERS - SECOND FLOOR
360 SOUTH COUNTY ROAD

AGENDA

March 14, 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.	PRESENTATIONS


		A.	Presentation by Raphael Clemente, Executive Director, West Palm Beach Downtown Development Authority


	VI.	BOARD AND COMMISSIONS PRESENTATIONS AND APPOINTMENTS


		A.	Presentations by the Applicants and Appointments to the Architectural Commission
			Pat Gayle-Gordon, Deputy Town Clerk
		B.	Presentations by the Applicants and Appointments to the Landmarks Preservation Commission
			Pat Gayle-Gordon, Deputy Town Clerk
		C.	Presentations by the Applicants and Appointments to the Retirement Board of Trustees
			Pat Gayle-Gordon, Deputy Town Clerk


	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. February 14, 2023, Town Council Meeting Minutes b. February 15, 2023, Town Council Development Review Meeting Minutes

			2.	Approval of Major Matters Considered by the Architectural Review Commission at its Meeting of February 22, 2023
				Wayne Bergman, Director of Planning, Zoning and Building


		B.	RESOLUTIONS


			1.	RESOLUTION NO. 017-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Award of ITB No. 2023-17 and Awarding a Purchase Order to Lite Maintenance Inc. for Seaview Tennis Court Lights and Light Poles in the Amount of $151,904.79 and Establishing a Project Budget of $167,000.
				Dean Mealy, Procurement and Contract Manager
			2.	RESOLUTION NO. 018-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Award of RFP No. 2023-10 and Approving a Purchase Order for Invasive Plant Removal Phipps Ocean Park to Earth Balance Corporation in the Amount of $99,500 and Establishing a Project Budget of $109,450.
				Dean Mealy, Procurement and Contract Manager
			3.	RESOLUTION NO. 019-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Award of a Change Order to Kimley-Horn and Associates, Inc. in the amount of $16,900 for Construction Phase Services for the A-7 Pump Station.
				Dean Mealy, Procurement and Contract Manager
			4.	RESOLUTION NO. 020-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Designation of Integrated Fire and Security Solutions for Access Control to Town Facilities as a Single Source Provider and Award a Purchase Order to Complete the Retrofit to the Police Department Building and Central Fire in the Amount of $88,295.32 and Establishing a Project Budget in the Amount of $97,195.
				Dean Mealy, Procurement and Contract Manager
			5.	RESOLUTION NO. 021-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order to Kimley-Horn and Associates, Inc. to provide professional engineering services related to the improvements of the D-2 Stormwater Pump Station Outfall in the amount of $46,370 and Establishing a project budget in the amount of $50,000.
				Dean Mealy, Procurement and Contract Manager
			6.	RESOLUTION NO. 022-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Award of ITB No. 2023-16, and Awarding a Purchase Order for the A-4 Wastewater Pump Station Improvements to Hinterland Group, Inc. in the amount of $658,000 and Establishing a project budget in the amount of $756,700.
				Dean Mealy, Procurement and Contract Manager
			7.	RESOLUTION NO. 023-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Change Order to Chen Moore and Associates for the Phipps Ocean Park Lifeguard Building Renovation in the Amount of $55,240 for a Total Purchase Order Amount of $125,098.
				Dean Mealy, Procurement and Contract Manager
			8.	RESOLUTION NO. 024-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Award of a Retroactive Change Order to TLC Diversified, Inc. in the Amount of $12,426.34 for the A-7 Pump Station Improvement Project.
				Dean Mealy, Procurement and Contract Manager


		C.	OTHER


			1.	Request by the City of West Palm Beach for Town Sponsorship in the Amount of $12,000 for the City's 4th on Flagler Event
				Kirk Blouin, Town Manager
			2.	Agreement Regarding Dedication of Right-of-Way between the Society of the Four Arts, Inc. and the Town of Palm Beach
				John C. Randolph, Town Attorney


	XI.	BOARD/COMMISSION ANNUAL REPORT


		A.	Annual Report of the Landmarks Preservation Commission
			Sue Patterson, Chair


	XII.	COMMITTEE REPORTS


		A.	Report of the Business and Administrative Committee Meeting Held on Thursday, March 2, 2023
			Lew Crampton, Chair


	XIII.	REGULAR AGENDA


		A.	Matters Pulled From Consent Agenda: If needed


		B.	Old Business


			1.	Town-wide Undergrounding Project - Review of Project and Dashboard, Summary of Project Status
				H. Paul Brazil, P.E., Director of Public Works
			2.	Discussion Regarding Code Enforcement Liens against 226 and 287 Pendleton Avenue
				John C. Randolph, Town Attorney
			3.	Update on Proposed Mooring Field by Riviera Beach
				H. Paul Brazil, P.E., Director of Public Works
			4.	RESOLUTION NO. 025-2023 A Resolution of The Town Council of The Town of Palm Beach, Palm Beach County, Florida, Approving A Change Order to Kimley-Horn and Associates Inc. in the Amount of $574,700 for the Water Feasibility Study, Post Study Support Services Proposal, Lake Worth Beach Distribution Improvement Route Study and Impact Analysis.
				Dean Mealy, Procurement and Contract Manager


		C.	New Business


			1.	Discussion Regarding Town Council Summer Meeting Schedule
				Margaret A. Zeidman, Town Council President / John C. Randolph, Town Attorney
			2.	Request by the Rehabilitation Center for Children and Adults for Waiver of Limitation of Two Events per Twelve-Month Period for Charitable Solicitation Permits
				Margaret A. Zeidman, Town Council President
			3.	Discussion Regarding Limiting Scooters, Electric Bikes and Other Such Devices on Sidewalks
				Nicholas Caristo, Chief of Police
			4.	Review of a Stop Work Order Due to the Three-Strike Rule at 209 Phipps Plaza
				Wayne Bergman, Director of Planning, Zoning and Building


	XIV.	ORDINANCES


		A.	Second Reading


			1.	Proposed Ordinance to Amend Chapter 134 of the Town Code Relative to On-Street Parking Permits ORDINANCE NO. 004-2023 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 134-Zoning, Article X. On-Street Parking Permits, Division 2., Residential Districts at Section 134-2291. Findings; Section 134-2292. Definitions; Section 134-2296. Issuance of Special Parking Permits Upon Application; Section 134-2298. Unlawful Acts and Section 134-2302. Revocation of Decal/Permit. Also Amending Division 3., Residential Districts Adjacent to Commercial Districts at Section 134-2327. Issuance; Section 134-2334. Unlawful Acts; And Section 134-2336; All Providing That Visitor/Service Permits May Not Be Abused, Providing A Definition of Abuse; And Providing for Revocation of Decal/Permit by Chief of Police for Violations; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date.
				Nicholas Caristo, Chief of Police
			2.	Proposed Ordinance to Amend Chapter 134 of the Town Code Relative to Sleeping in Public Places ORDINANCE NO. 005-2023 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida Amending Chapter 70 Offenses, Section 70-9, Titled Sleeping, Camping in Public Places; Sleeping in Vehicle; Sitting or Lying Down Upon Publicly Owned Rights-of-Way; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date.
				Nicholas Caristo, Chief of Police


		B.	First Reading


			1.	Proposed Ordinance to Amend the Town's Budgets ORDINANCE NO. 001-2023 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.
				Robert Miracle, Deputy Town Manager, Finance & Administration
			2.	Proposed Ordinance to Amend Chapter 70 of the Town Code Relative to the Use of Public Fountains and Public Urination ORDINANCE NO. 006-2023 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida Amending Chapter 70 Offenses Of The Town Code Of Ordinances By Adding A New Section 70-6, Prohibited Use Of Public Fountains, Hose Bibs, Sinks, And Showers And A New Section 70-7, Prohibition On Public Urination And Defecation; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.
				Nicholas Caristo, Chief of Police


	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.