NovusAGENDA

TENTATIVE:

SUBJECT TO

REVISION

TOWN OF PALM BEACH

Town Council Meeting

TOWN HALL
COUNCIL CHAMBERS - SECOND FLOOR
360 SOUTH COUNTY ROAD

AGENDA

April 3, 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
Julie Araskog

Ted Cooney

Lew Crampton

Bobbie Lindsay

Margaret A. Zeidman


	II.	INVOCATION AND PLEDGE OF ALLEGIANCE


	III.	MODIFICATIONS TO THE AGENDA


	IV.	APPROVAL OF AGENDA


	V.	SWEARING IN OF ELECTED OFFICIALS


		A.	The Honorable Judge Lisa Small 1. Mayor Danielle H. Moore 2. Julie Araskog 3. Edward A. Cooney (Mayor Becomes Presiding Officer)


	VI.	ORGANIZATIONAL ITEMS


		A.	Election of Town Council President Pursuant to Section 3.01 of the Town Charter (Town Council President Becomes Presiding Officer)

		B.	Election of Town Council President Pro Tem Pursuant to Section 3.01 of the Town Charter


	VII.	RECOGNITIONS


		A.	Recognition of Kim Coleman for her service on the Landmarks Preservation Commission from March 2018 to March 2023
			Danielle H. Moore, Mayor
		B.	Recognition of Pat Segraves for his Service on the Landmarks Preservation Commission from March 2017 to March 2023
			Danielle H. Moore, Mayor
		C.	Recognition of Alfred "Skip" Aldridge for his Service on the Strategic Planning Board from December 2021 to March 2023
			Danielle H. Moore, Mayor
		D.	Recognition of Elizabeth Dowdle for her Service on the Strategic Planning Board from December 2021 to March 2023
			Danielle H. Moore, Mayor
		E.	Recognition of Kristen Kelly-Fisher for her Service on the Strategic Planning Board from December 2021 to March 2023
			Danielle H. Moore, Mayor
		F.	Recognition of Nicki McDonald for her Service on the Strategic Planning Board from December 2021 to March 2023
			Danielle H. Moore, Mayor
		G.	Recognition of Peter McKelvy for his Service on the Strategic Planning Board from December 2021 to March 2023
			Danielle H. Moore, Mayor
		H.	Recognition of Katherine Ostberg for her Service on the Strategic Planning Board from December 2021 to March 2023
			Danielle H. Moore, Mayor
		I.	Recognition of Michael Pucillo for his Service on the Strategic Planning Board from December 2021 to March 2023
			Danielle H. Moore, Mayor
		J.	Recognition of Michael Reiter for his Service on the Strategic Planning Board from December 2021 to March 2023
			Danielle H. Moore, Mayor


	VIII.	PRESENTATIONS


		A.	i. Presentation by Trainnovations on the Strategic Planning Board's activities and recommendations ii. Minutes of the March 3, 2023, Strategic Planning Board Meeting TIME CERTAIN: 10:30 AM
			Trina Pulliam, Trainnovations


	IX.	BOARD AND COMMISSIONS PRESENTATIONS AND APPOINTMENTS


		A.	Presentations by the Applicants and Appointments to the Code Enforcement Board
			Pat Gayle-Gordon, Deputy Town Clerk
		B.	Presentations by the Applicants and Appointments to the Recreation Advisory Commission
			Pat Gayle-Gordon, Deputy Town Clerk


	X.	COMMENTS OF MAYOR DANIELLE H. MOORE


	XI.	COMMENTS OF TOWN COUNCIL MEMBERS


	XII.	COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE


	XIII.	APPROVAL OF CONSENT AGENDA (SEE NOTE 5)


		A.	MINUTES


			1.	Town Council Meeting Minutes Pat Gayle-Gordon, Deputy Town Clerk a. March 14, 2023, Town Council Meeting Minutes b. March 15, 2023, Town Council Development Review Meeting Minutes

			2.	Approval of Major Matters Considered by the Architectural Review Commission at its Meeting of March 29, 2023
				Wayne Bergman, Director of Planning, Zoning and Building


		B.	RESOLUTIONS


			1.	RESOLUTION NO. 026-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding Construction Phase Services for the E-6 Pumpstation Improvements to Kimley-Horn and Associates, Inc. in the amount of $95,500 and establishing a project budget of $105,000.
				Dean Mealy, Procurement and Contract Manager
			2.	RESOLUTION NO. 028-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Award of ITB No. 2023-14, D-12 Stormwater Pumpstation Improvements to Murray Logan Construction, LLC in the Amount of $947,680 and Establishing a Project Budget of $1,089,832
				Dean Mealy, Procurement and Contract Manager
			3.	RESOLUTION NO. 030-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving Site Civil Review Assistance for Planning, Zoning, and Building to Kimley-Horn and Associates, Inc. in the Amount of $65,000, Chen Moore and Associates in the Amount of $65,000 and Mock-Roos in the Amount of $65,000.
				Dean Mealy, Procurement and Contract Manager
			4.	RESOLUTION NO. 031-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving a Purchase Order to Bridges, Marsh & Associates in the Amount of $390,000 and Establishing a Project Budget in the Amount of $470,000 for the design of a Linear Park along the landward side of the new replacement Bulkhead for Midtown Beach.
				Dean Mealy, Procurement and Contract Manager
			5.	RESOLUTION NO. 032-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Award of ITB No. 2023-25 for the E-6 Pumpstation Improvements and Approving a Construction Contract to Hinterland Group, Inc. in the Amount of $1,134,000 and Establishing a Project Budget in the Amount of $1,304,000.
				Dean Mealy, Procurement and Contract Manager
			6.	RESOLUTION NO. 033-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding Construction Phase Services for D-8 and E-5 Pumpstations to Mock-Roos in the Amount of $199,145 and Establishing a Project Budget of $229,016.
				Dean Mealy, Procurement and Contract Manager
			7.	RESOLUTION NO. 034-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Award of ITB No. 2023-18 for the Rehabilitation of D-8 Stormwater Pumpstation and the E-5 Wastewater Pumpstation to Murray Logan Construction, LLC in the Amount of $2,064,680 and Establishing a Project Budget of $2,374,382.
				Dean Mealy, Procurement and Contract Manager


	XIV.	BOARD/COMMISSION ANNUAL REPORT


		A.	Annual Report of the Architectural Commission
			Jeffery W. Smith, Chair


	XV.	COMMITTEE REPORTS


		A.	Report of the Finance and Taxation Committee Meeting Held on Thursday, March 16, 2023 TIME CERTAIN: 2:30 PM
			Margaret A. Zeidman, Chair


	XVI.	PUBLIC HEARINGS


		A.	RESOLUTION NO. 035-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Vacating and Abandoning an Existing Public Utility Easement Within the Property Commonly Known as 125 Seagate Road, in the Town of Palm Beach, Florida.
			H. Paul Brazil, P.E., Director of Public Works
		B.	RESOLUTION NO. 036-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Vacating and Abandoning an Existing Public Utility Easement Within the Property Commonly Known as 1287 North Ocean Way, in the Town of Palm Beach, Florida.
			H. Paul Brazil, P.E., Director of Public Works


	XVII.	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 and Review of Current Construction Impacts
				H. Paul Brazil, P.E., Director of Public Works
			2.	Update on Florida Department of Transportation (FDOT) Projects within the Town of Palm Beach
				H. Paul Brazil, P.E., Director of Public Works
			3.	Discussion and Decision Regarding Removal of Sargassum from the North end Beach RESOLUTION NO. 027-2023 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Award of ITB No. 2023-15 for Beach Maintenance Services to BeachKeeper, Inc. in the amount of $82,160, Establishing a Project Budget of $200,000 and Establishing a Five-year award based on Satisfactory Performance and Budget Authorization in the Amount of $1,000,000.
				Dean Mealy, Procurement and Contract Manager
			4.	ZON-22-107 (COA-22-037) 2185 S OCEAN BLVD—PHIPPS PARK (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, the Town of Palm Beach, has filed an application requesting Town Council review and approval for modifications to a previously approved Special Exception with Site Plan Review for modifications to an existing 20.6-acre Municipally Owned and Operated Park and Recreation Center (Phipps Ocean Park) specifically to include the addition of two pickleball courts and the renovation and alteration of an existing lifeguard station into the approved site plan including variances to reduce setback requirements and to exceed the maximum building height in the R-B zoning district and variances to reduce the minimum required Ocean Bulkhead Line setback requirement for new structures. Landmarks Preservation Commission will perform design review of the application. [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impacts to the subject property. Carried 7-0.] [The Landmarks Preservation Commission approved this project as presented at the March 22, 2023, meeting. Carried 7-0.]
				Wayne Bergman, Director of Planning, Zoning and Building
			5.	Phipps Plaza Park Donation
				H. Paul Brazil, P.E., Director of Public Works


		C.	New Business


			1.	Commercial Motion Picture Application
				Kirk W. Blouin, Town Manager
			2.	RESOLUTION NO. 039-2023 A Resolution of the Town Council of the Town of Palm Beach, Florida, Opposing and Urging the Florida Legislature not to Adopt House Bill 1317 and Companion Senate Bill 1346, which would Preempt the Town's Authority to Enforce Major Provisions of its Historic Preservation Ordinance and Undermine Protections for Locally Designated Historic Buildings and Structures; Adding This Matter to the Town's List of Legislative Priorities for the 2023 Florida Legislative Session; and Directing the Town Clerk to Transmit This Resolution to the Bill Sponsors, the Speaker Of the House and President of the Senate, and the Palm Beach County Delegation.
				Wayne Bergman, Director of Planning, Zoning and Building


	XVIII.	ORDINANCES


		A.	Second 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


	XIX.	ANY OTHER MATTERS


		A.	Discussion of Noise Ordinance After Certain Hours on Private Property
			Margaret A. Zeidman, Town Council President


	XX.	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.