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2011-05-10 ACTION REPORT Town Council TOWN OF PALM BEACH o p Town Clerk's Office 4 0 4 r SUMMARY OF ACTIONS TAKEN AT THE TOWN COUNCIL MEETING HELD ON TUESDAY,MAY 10, 2011 I. CALL TO ORDER AND ROLL CALL II. INVOCATION AND PLEDGE OF ALLEGIANCE III. PRESENTATIONS A. Legislative Summary Presented by Representative Pat Rooney. B. Recognition of Bill Bone for Service as Chairman of the Centennial Commission. C. A Proclamation of the Mayor of the Town of Palm Beach in Honor of the Palm Beach Centennial. D. Recognition of Henry P. Jamison, IV,Recreation Advisory Commission, From April 2004 Through April 2011. E. Recognition of Danielle Moore, Recreation Advisory Commission,From May 2005 Through April 2011. F. Scholarship Provided by The Palm Beach Civic Association and The Citizens' Association of Palm Beach. [Ned Barnes, Palm Beach Civic Association and Rita Taca, The Citizens' Association of Palm Beach] IV. COMMENTS OF MAYOR GAIL L. CONIGLIO V. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER VI. COMMUNICATIONS FROM CITIZENS VII. APPROVAL OF AGENDA ACTION: ITEM NO.VIII.I.3,RESOLUTION NO. 51-11,WAS PULLED 1 May 10,2011,TC Actions FROM CONSENT AND HEARD AS ITEM NO.X.B.7. VIII. CONSENT AGENDA ACTION: APPROVED AS AMENDED (RESOL UTION NO. 51-I1 WAS PULLED). A. MINUTES: APRIL 6, 2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING-LONG TERM FINANCIAL PLAN B. MINUTES: APRIL 12,2011 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING C. MINUTES: APRIL 12,2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING CLOSED-DOOR SESSION-PRESERVE PALM BEACH PAC VS TOWN OF PALM BEACH D. MINUTES: APRIL 13,2011 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING E. MINUTES: APRIL 19,2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING-PLANTING OF SEA OATS AT PHIPPS OCEAN PARK F. MINUTES: APRIL 21, 2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING-IAFF IMPASSE HEARING G. MINUTES: MAY 2,2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING CLOSED-DOOR SESSION-TOWN OF PALM BEACH VS USA H. APPROVAL OF MAJOR MATTERS CONSIDERED BY THE ARCHITECTURAL COMMISSION AT ITS MEETING ON APRIL 27, 2011. I. RESOLUTIONS 1. RESOLUTION NO. 38-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Purchase of Five (5)Vehicles in the Total Amount of$135,610 as Previously Considered and Approved by the Town 2 May 10,2011,TC Actions Council During the FY2011 Budget Process and Included in the Town's Equipment Replacement Program. [Kirk W. Blouin, Police Chief and Acting Fire-Rescue Chief) 2. RESOLUTION NO. 48-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding Contracts for$32,799 to Community Asphalt Corporation, and for $184,823 to Florida Highway Products, Inc., for the Annual Roadway Paving and Resurfacing, Establishing a Total Budget of $261,108 for Said Improvements, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. [H. Paul Brazil, Director of Public Works] 3. O. 54 11 n nosesu4ion of the T..w.. Couneil of the TTewn of 11W.m B wa,4, YW/"Beaeh County, Flefida, Awxdiffg- a Eentraet to " ne CanstFuetion,Ine., in the Ameent rer , athi E&jaViz_,&^b a Ganstftietien Phase Budge $ no-k knot 1.1.E -.m%-%---md Roadway Resteration on NGAh La-zi Way and Tangier-Avenue. [Z. iii:?Dom% Diraet,.f of Publie W,.fks] PULLED J. OTHER 1. Authorization to Extend Display Time Frame for Centennial Street Signs. [Jay Boodheshwar,Director of Recreation] 2. Authorization to Fill Vacant Records Information Systems Position Due to Retirement. [Kirk W. Blouin, Police Chief and Acting Fire-Rescue Chief] 3. Authorization to Fill Vacant Crime Scene Evidence Unit(CSEU) Position Due to Retirement. [Kirk W. Blouin, Police Chief and Acting Fire-Rescue Chief) 4. Authorization to Continue Membership and to Pay Dues to the Florida League of Cities. [Jane Struder,Director of Finance] IX. BOARD/COMMISSION ANNUAL REPORT A. Code Enforcement Board. [Timothy Hoffman, Chair and Kirk W. Blouin, Police Chief and Acting Fire-Rescue Chief) ACTION: NONE X. REGULAR AGENDA A. Old Business 3 May 10,2011,TC Actions 1. Update Regarding Alternatives for Mid-Town Public Beach and Clarke Avenue Public Beach. TIME CERTAIN: 10:00 A.M. a. Clarke Avenue Parking Waiver from Florida Department of Environmental Protection(FDEP). [James Green, Esq.] ACTION: COUNCIL CONSENSUS WAS TO TAKE NO FURTHER ACTION AT THIS TIME. b. RESOLUTION NO. 50-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida,Awarding a Contract to Kimley-Horn and Associates, Inc., for Design Services in the Amount of $9,600 and Establishing a Design Budget of$11,000 for Establishing Parking on South County Road Between Clarke Avenue and Barton Avenue. [H. Paul Brazil, Director of Public Works] ACTION: NONE C. Mid-Town Restroom Alternative. [H. Paul Brazil, Director of Public Works] ACTION: COUNCIL APPROVED THE RE-ALLOCATION OF PUBLC BEACH PARKING SPACES AS FOLLOWS: 4 ON SEASPRAY AVE,4 ON SEABREEZE AVE,4 ON SEAVIEW AVE,4 ON THE 100 BLOCK OF CLARKE AVE, 5 ON THE 200 BLOCK OF CLARKE AVE,AND 4 ON BARTON AVE. THE PRECISE LOCATION OF THESE SPOTS WILL BE AT THE DISCRETION OF STAFF. THE TOWN WILL ALSO PROCEED WITH A BATHROOM STUDY, TO BE CONDUCTED AT PRIVATE EXPENSE AND TO INCLUDE MAINTENANCE THEREOF. THIS STUDY WILL INCLUDE THE OPTIONS OF BUILDING A NEW RESTROOM FACILITY AND OF CONVERTING THE EXISTING ONE. THE TOWN WILL GET A REFINED COST ESTIMATE FOR THE STUDY AND WILL OBTAIN THE FUNDING BEFORE PROCEEDING. THE TOWN MANAGER WILL PROVIDE THE COUNCIL WITH ADDITIONAL INFORMATION ON HOW MUCH THE TOWN WILL NEED TO PAY BACK TO THE STATE IF THE 4 May 10,2011,TC Actions PARKING/RESTROOM REQUIREMENTS CANNOT BE SATISFIED. d. Other ACTION: NONE B. New Business 1. Review of Palm Beach County Environmental Enhancement Projects in Lake Worth Lagoon In and Near the Town of Palm Beach. [H. Paul Brazil, Director of Public Works] TIME CERTAIN: 11:00 A.M. a. Proposed Dredging Under Ibis Isle Bridge. [H. Paul Brazil, Director of Public Works] ACTION: TOWN WILL CONTINUE WORKING TO OBTAIN PERMITS FOR THIS WORK AND WILL OVERSEE COMPLETION OF THE WORK IF THE RESIDENTS' DONATION IS SUFFICIENT TO COVER THE COST OF THE DREDGING. b. Ibis Isle Restoration Project. [Rob Robbins, Palm Beach County Department of Environmental Resources Management] C. Grassy Flats Restoration Project. [Rob Robbins, Palm Beach County Department of Environmental Resources Management] d. Everglades Island Inshore Artificial Reef. [Rob Robbins, Palm Beach County Department of Environmental Resources Management] e. South Cove Natural Area. [Rob Robbins, Palm Beach County Department of Environmental Resources Management] ACTION: COUNCIL CONSENSUS WAS TO NOT PAY FOR ANY ENGINEERING STUDIES ON THESE COUNTY PROJECTS,AND TO WITHOLD APPROVAL OF THE COUNTY'S GRASSY FLATS RESTORATION PROJECT UNTIL THE IMPACTS OF THE IBIS ISLE PROJECT CAN BE CONFIRMED. 2. Worth Avenue Improvement Project Design Element Amendments Recommended by the Worth Avenue Improvement Project Review Committee (Hybrid Committee). 5 May 10,2011,TC Actions [Thomas G. Bradford, Deputy Town Manager] a. Review and Approval of Proposed Design Element Amendments. ACTION: APPROVED ALL COMMITTEE RECOMMENDATIONS EXCEPT FOR ITEM F., THE HIBISCUS FOUNTAIN. COUNCIL APPROVED A MODIFICATION TO THIS RECOMMENDATION WHICH REMOVED THE SOD INLAY FROM THE PLANS,AND REPLACED THE CURRENT FOUNTAIN BASES WITH RAISED BASES TO PROVIDE FOR SEATING. b. Sunsetting of Worth Avenue Improvement Project Review Committee. ACTION: NONE (TOWN COUNCIL SUNSETTED THE COMMITTEE AT THE MAY 11,2011 TOWN COUNCIL MEETING.) 3. Consideration of Offers to Purchase 110 Angler Avenue. [John C. Randolph, Town Attorney] ACTION: APPROVED THE OPTION TO PURCHASE AGREEMENT 4. Appointment of Kirk W. Blouin as Director of Public Safety and Other Actions Regarding the Town's Management Plan. [Peter B. Elwell, Town Manager] ACTION: APPROVED 5. Accelerated Capital Improvement Program Update. [H. Paul Brazil, Director of Public Works] a. Presentation of Online Information Regarding the Accelerated Capital Improvement Program. b. Request for Extended Work Hours for Installation of Subaqueous Force Main Under Lake Worth. ACTION: APPROVED 6. Commencement of Preliminary Steps Necessary for Implementation of Modified Town Pension Plans. [Jane Struder, Director of Finance] ACTION: APPROVED 7. RESOLUTION NO. 51-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding 6 May 10,2011,TC Actions a Contract to Foster Marine Construction, Inc., in the Amount of $1,292,960 and Establishing a Construction Phase Budget of $1,422,256 for Installation of Utility Improvements and Roadway Restoration on North Lake Way and Tangier Avenue. [H. Paul Brazil, Director of Public Works] ACTION: APPROVED XI. ORDINANCES A. Second Reading 1. ORDINANCE NO. 15-11 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; Expanding the Schedule for Apartments to Include Rental Dwellings; Amending Section 114-80 Relating to Exemption for Churches to Amend the Exemption to Apply to Houses of Worship; Amending Article IV, Telecommunications Services Public Service Tax by Deleting Sections 114-121 Through 114-126 and Providing That Telecommunication Services Public Service Tax Shall Be in Accordance with Chapter 202, Florida Statutes, the Communications Services Tax Simplification Law; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. [John S. Page, Director of Planning,Zoning, and Building] ACTION: ADOPTED B. First Reading None XII. ANY OTHER MATTERS XIII. ADJOURNMENT 7 May 10,2011,TC Actions