Loading...
2011-08-09 BACKUP Town Council h. x � TOWN OF PALM BEACH Town Manager's Office TENTATIVE: SUBJECT T REVISION TOWN COUNCIL MEETING TOWN HALL COUNCIL CHAMBERS-SECOND FLOOR 360 SOUTH COUNTY ROAD AGENDA TUESDAY,AUGUST 9, 2011 9:30 A.M. For information regarding procedures for monitoring or participating in Town Council meetings,please refer to the end of this agenda. L CALL TO ORDER AND ROLL CALL Mayor Gail L. Conigho David A. Rosow, Town Council President Robert N. Wildrick, President Pro Tem William J. Diamond, Town Council Member Richard M. Kleid, Town Council Member Michael J. Pucillo, Town Council Member IL INVOCATION AND PLEDGE OF ALLEGIANCE III. PRESENTATIONS None IV. COMMENTS OF MAYOR GAIL L. CONIGLIO V. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER Post Office Box 2029 •360 South County Road •Palm Beach,FL 33480 Telephone(561)838-5410 •Facsimile(561)838-5411 E-mail:townmana�4er L)townotbalmbeach.com •Website:www.townof-oalmbeach.com August 9,2011,Town Council Meeting 1 VI. COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE (Another opportunity for communications from citizens will be offered immediately after the lunch break.) VII. APPROVAL OF AGENDA VIII. CONSENT AGENDA A. MINUTES: JULY 12, 2011 Page 13 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING B. MINUTES: JULY 12, 2011 Page 27 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING, CLOSED-DOOR SESSION-TOWN OF PALM BEACH V UNITED STATES OF AMERICA C. MINUTES: JULY 13, 2011 Page 30 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING D. APPROVAL OF MAJOR MATTERS CONSIDERED BY THE Page 42 ARCHITECTURAL COMMISSION AT ITS MEETING ON JULY 27, 2011. E. RESOLUTIONS 1. RESOLUTION NO. 86-11 A Resolution of the Town Council of Page 55 the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Academy Design& Technical Services, Inc., for Temporary Technical Skilled Labor. [H. Paul Brazil, Director of Public Works] 2. RESOLUTION NO. 89-11 A Resolution of the Town Council of Page 60 the Town of Palm Beach, Palm Beach County, Florida, Amending the General Fund-Fund Balance Policy; Providing an Effective Date. [Jane Struder, Director of Finance] August 9,2011,Town Council Meeting 2 2 3. RESOLUTION NO. 90-11 A Resolution of the Town Council of Page 71 the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Town Manager to Execute a Right of Entry Agreement Between the Town of Palm Beach and the City of West Palm Beach. [H. Paul Brazil, Director of Public Works] 4. RESOLUTION NO. 91-11 A Resolution of the Town Council of Page 85 the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Purchase of Automatic Transport Ventilators from Mercury Medical per Bid No. 2011-26. [Kirk W. Blouin, Director of Public Safety] 5. RESOLUTION NO. 92-11 A Resolution of the Town Council of Page 89 the Town of Palm Beach, Palm Beach County, Florida, Awarding Agreements Between the Town of Palm Beach and Ashbritt, Inc., Omni Pinnacle LLC, and D&J Enterprises, Inc. for Disaster Debris Removal and Disposal Services, and Authorizing the Town Manager to Execute the Same on Behalf of the Town. [H. Paul Brazil, Director of Public Works] 6. RESOLUTION NO. 93-11 A Resolution of the Town Council of Page 94 the Town of Palm Beach, Palm Beach County, Florida, Awarding a Purchase Order to Peninsular Electric Distribution for Eaton Electrical Switchgear in the Amount of$257,276 for the D-15 (D- 6 and D-7)Pump Station Project. [H. Paul Brazil, Director of Public Works] 7. RESOLUTION NO. 96-11 A Resolution Of The Town Council Of Page 99 The Town Of Palm Beach, Palm Beach County, Florida(The "Town"), Approving The Form And Authorizing The Execution And Delivery Of A Line Of Credit Agreement; Authorizing And Approving The Issuance Of A Note By The Town In Connection With Said Line Of Credit Agreement Relative To The Financing Of Burying Certain Utility Cables Within The Town, Certain Streetscape Improvements And Related Capital Projects; Authorizing The Proper Officials Of The Town To Do All Other Things Deemed Necessary Or Advisable In Connection With The Line Of Credit Agreement And Said Revenue Note; And Providing For An Effective Date. [Thomas G. Bradford, Deputy Town Manager] August 9,2011,Town Council Meeting 3 3 8. RESOLUTION NO. 97-11 A Resolution of the Town Council of Page 137 the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Academy Design and Technical Services, for the Provision of Contractual Labor Services, Bid No 2009-22; Authorizing the Town Manager to Take Further Action Necessary to Effectuate the Contract. [Jay Boodheshwar, Director of Recreation and Special Projects] F. CONSENT-OTHER 1. Approval of Selection Committee's Ranking of Firms to Provide Page 143 Underground Utilities Engineering Services. [Thomas G. Bradford, Deputy Town Manager] 2. Approval of Selection Committee's Ranking of Firms to Provide Page 147 Contractual Golf Instruction Services. [Jay Boodheshwar, Director of Recreation and Special Projects] 3. Authorization for Change Order for Kent Security Services at Page 151 Town Docks. [Jay Boodheshwar, Director of Recreation and Special Projects] 4. Authorization to Fill Vacancies in Public Works. Page 154 [H. Paul Brazil, Director of Public Works] 5. Authorization to Fill Vacant Development Permit Coordinator Page 156 Position. [John S. Page, Director of Planning, Zoning, and Building] IX. COMMITTEE REPORTS A. Ordinances, Rules, and Standards Committee Meeting of July 13, 2011. Page 161 [William J. Diamond, Town Council Member] X. REGULAR AGENDA A. Old Business 1. Parking Matters a. Merchants' Recommendations for Worth Avenue. Page 168 TIME CERTAIN: 10:30 A.M. August 9,2011,Town Council Meeting 4 4 b. RESOLUTION NO. 63-11 A Resolution of the Town Page 170 Council of the Town of Palm Beach, Palm Beach County, Florida, Increasing Fines for Parking, Providing an Effective Date. [Jane Struder, Director of Finance] 2. Coastal Matters a. State Funding Assistance for Reaches 3 and 4 (Mid-Town). Page 176 i. Restroom Alternatives [H. Paul Brazil, Director of Public Works] ii. Recognition of Eligibility of Breakers Hotel Property [Peter B. Elwell, Town Manager] iii. "Pay Back the State" Option [Peter B. Elwell, Town Manager] b. RESOLUTION NO. 61-11 A Resolution of the Town Page 206 Council of the Town of Palm Beach, Palm Beach County, Florida, Approving State Grant Renewal of FDEP Contract No. 11PB3, Between the State of Florida Department of Environmental Protection and the Town of Palm Beach under the Bureau of Beaches and Coastal Systems Florida Beach Management Funding Assistance Program for the South End Palm Beach Restoration, Reach 8, and Authorizing the Town Council President to Execute Same on Behalf of the Town. [H. Paul Brazil, Director of Public Works] C. Mid-Town Dune Vegetation and Public Accesses. Page 237 [H. Paul Brazil, Director of Public Works] 3. Staff Recommendation to Further Defer the Sanitary Sewer Force Page 240 Main Replacement Project for In Depth Review by the Public Works Committee and Future Consideration by the Town Council. [Peter B. Elwell, Town Manager] August 9,2011,Town Council Meeting 5 5 4. Australian Pine Matters a. Landmarks Preservation Commission Recommendation to Page 243 Amend the Town's Mandatory Australian Pine Removal Requirement by January 1, 2012, to Closely Match Palm Beach County's Less Onerous Removal Requirements. [John S. Page, Director of Planning, Zoning, and Building] b. Australian Pines on Wells Road. Page 248 [Robert N. Wildrick, President Pro Tem] B. New Business 1. Consideration of Scheduling an Attorney/Client Session Regarding Town of Palm Beach. Florida vs United States of America, Civil Action No. 09-64 L, in the United States Court of Federal Claims, to Discuss this Matter to Begin Immediately Following this Regular Town Council Meeting in the Town Council Chambers, 360 South County Road, Palm Beach, Florida. Attorney/Client Session Attendees: Mayor Gail L. Coniglio; Town Council Members David A. Rosow, Robert N. Wildrick, William J. Diamond, Richard M. Kleid, Michael J. Pucillo; Town Manager Peter B. Elwell; Attorney Jerry Stouck(Via Telephone); Attorney John C. Randolph; and Court Reporter from Ley & Marsaa Court Reporters, Inc. [John C. Randolph, Town Attorney] 2. Planning, Zoning, and Building Department Internal Audit Report. Page 250 [Robert N. Wildrick, President Pro Tem] TIME CERTAIN: 10:00 A.M. 3. Flagler Memorial Bridge Lighting. Page 267 [H. Paul Brazil, Director of Public Works] 4. Request by Palm Beach Island Cats for Town Funding in the Page 274 Amount of$120,000 for FY2012. [Thomas G. Bradford, Deputy Town Manager] 5. Worth Avenue Association's Request for Permission to Hold Page 280 "Fashion's Night Out" Commercial District Event in Hibiscus Plaza. [Thomas G. Bradford, Deputy Town Manager] TIME CERTAIN: 10:45 A.M. August 9,2011,Town Council Meeting 6 6 6. Commercial Motion Picture Permit Application Submitted by Page 287 Flashfire Productions, LLC. [Susan A. Owens, Town Clerk] 7. Code Enforcement Board Recommendation for Foreclosure Action Page 303 Re: 2300 South Ocean Boulevard. [Kirk W. Blouin, Director of Public Safety] 8. Evaluation of Town Manager Peter B. Elwell's Performance Page 332 During 2010-2011. [Peter B. Elwell, Town Manager] 9. Adoption of 2011-2012 Goals and Objectives for Town Manager Page 335 Peter Elwell. [Peter B. Elwell, Town Manager] XI. ORDINANCES A. Second Reading None B. First Reading 1. ORDINANCE NO. 16-11 An Ordinance Of The Town Council Of Page 340 The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 2 Administration, Article IV Boards And Commissions, Division 2 Planning And Zoning Commission, Section 2-328 Relating To Removal Provisions, Absences, Conflicts Of Interest At Subparagraph (a); Amending Article V Code Enforcement, Division 2 Code Enforcement Board, Section 2-402 Relating To Terms, Removal Provisions, Absences, Conflicts Of Interest At Subparagraph (b); Amending Article VI Finance, Division 6 Investment Advisory Committee, Section 2-567 Subparagraph (b) Relating To Removal Provisions, Absences; Amending Article X Shore Protection Board, Section 2-636 Subparagraph (b) Relating To Removal Provisions; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. [Thomas G. Bradford, Deputy Town Manager] 2. ORDINANCE NO. 17-11 An Ordinance Of The Town Council Page 350 Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 38, Emergency Services; Article II, Alarm Systems; At Section 38-31 Relating To Purpose; At Section 38-32 Relating To Definition Of August 9,2011,Town Council Meeting 7 7 False Alarm; And At Section 38-34 Relating To Enforcement; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. [Thomas G. Bradford, Deputy Town Manager] 3. ORDINANCE NO. 18-11 An Ordinance Of The Town Council Of Page 353 The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 46, Fire Prevention And Protection, Article III, Fire Prevention Code, At Section 46-69, Ordering Correction Of Hazards; Compliance Required; Appeal; Section 46-71, Owner Responsibility For Vacant Premises; Section 46-74, Open Burning; And 46-75, Exit Doors And Means Of Egress; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. [Thomas G. Bradford, Deputy Town Manager] 4. ORDINANCE NO. 19-11 An Ordinance Of The Town Council Of Page 357 The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 54 Historical Preservation, Article II Landmarks Preservation Commission, Section 54-38 Relating To Removal Provisions, Absences, Conflicts Of Interest, Subparagraph (a); Amending Section 54-39 Relating To Officers, Rules Of Procedure For Commission, To Eliminate The Position Of Secretary; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. [Thomas G. Bradford, Deputy Town Manager] 5. ORDINANCE NO. 20-11 An Ordinance Of The Town Council Of Page 360 The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 2, Administration; Article V, Code Enforcement; Division 3, Procedure; At Section 2-439 Relating To The Citation Fine Schedule To Include Violations Of Section 46-71,Owner Responsibility For Vacant Premises; Section 46-74, Open Burning, And Section 46-75, Exit Doors And Means Of Egress As Class III Violations Of The Town Code Of Ordinances; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. [Thomas G. Bradford, Deputy Town Manager] August 9,2011,Town Council Meeting 8 8 6. ORDINANCE NO. 21-11 An Ordinance of the Town Council of Page 363 the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 78, Peddlers and Solicitors, Article III, Charitable Solicitations, Division 2, Permit, by Adding Section 78-81, Evidence of Engaging in Charitable Solicitation; Amending Section 78-106, Permit Form, Duration, So as to Provide That There May Be Four Events During a Twelve Month Period of a Permit; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. [Susan A. Owens, Town Clerk] 7. ORDINANCE NO. 22-11 An Ordinance of the Town Council of Page 369 the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 70, Relating to Offenses by Rescinding Sections 70-6, 70-7, and 70-9; Amending Chapter 106, Relating to Streets, Sidewalks, and Other Public Places, at Article VI, Parades, Sections 106-192 and 106-219, So as to Delete All References to the Regulation of Firearms; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. [John C. Randolph, Town Attorney] XII. ANY OTHER MATTERS XIIL ADJOURNMENT August 9,2011,Town Council Meeting 9 9 PLEASE TAKE NOTE • No written materials received after 5:00 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 5:00 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. • The progress of this meeting may be monitored by visiting the Town's website (www.townof-oalmbeach.com)and selecting"Your Government"and then selecting"Live Meeting Audio". If you have questions regarding that feature,please contact the Office of Information Systems(561)227-6315. The audio recording of the meeting will appear within 24 hours after the conclusion of the meeting under"Agendas,Minutes,and Audio." • 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. • 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. • 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. • A summary of the actions taken at Town Council meetings can be viewed on the Town's website after 5 p.m.on the Friday following the Town Council meeting. 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. 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. August 9,2011,Town Council Meeting 10 10 Town of Palm Beach 813111 Meeting Schedule Tue 08/09/201109:30 AM Town Council Meeting Council Chambers Wed 08/10/201109:30 AM Town Council Meeting - Development Review Council Chambers Thu 08/11/201109:00 AM Police Officers Board of Trustees Council Chambers Thu 08/11/2011 01:00 PM RFP No. 2011-19 Plan Administration, Investment& Record Council Chambers Keeping Services for 401(A) DC Plan Fri 08/121201109:00 AM General Employee Retirement Board Council Chambers Thu 08/18/2011 02:00 PM Code Enforcement Board Meeting Council Chambers Fri 08/1912011 09:00 AM Firefighters Board of Trustees Meeting Council Chambers Wed 08/24/2011 09:00 AM Architectural Commission Council Chambers Mon 08/29/201102:00 PM Investment Advisory Committee Meeting Council Chambers Mon 09/05/2011 04:00 AM LABOR DAY TOWN HALL CLOSED Wed 09/07/2011 09:00 AM Recreation Advisory Commission Meeting Council Chambers Mon 09/12/2011 05:01 PM Special Town Council Meeting-First Public Hearing on FY12 Council Chambers Budget Tue 09/13/2011 09:30 AM Town Council Meeting Council Chambers 11 Wed 09/141201109:30 AM Town Council Meeting- Development Review Council Chambers Thu 09115/201102:00 PM Code Enforcement Board Meeting Council Chambers Tue 09/20/201109:30 AM Planning &Zoning Commission Meeting Council Chambers Wed 09/21/201105:01 PM Special Town Council Meeting re: Second Public Hearing on Council Chambers FY12 budget 12 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Consent Agenda Agenda Title MINUTES: JULY12, 2011 Approval of the Minutes of the Regular Town Council Meeting [Susan A. Owens, MMC, Town Clerk] Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the Regular Town Council Meeting of July 12, 2011 13 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12, 2011 1 I. CALL TO ORDER AND ROLL CALL 2 3 The Regular Town Council meeting was called to order on Tuesday, July 12, 2011 at 4 9:30 a.m. in the Town Council Chambers. On roll call, all of the elected officials were 5 found to be present. 6 7 II. INVOCATION AND PLEDGE OF ALLEGIANCE 8 9 Town Clerk Owens gave the invocation. Council President Rosow led the Pledge of 10 Allegiance. 11 12 III. PRESENTATIONS—None 13 14 IV. COMMENTS OF MAYOR GAIL L. CONIGLIO 15 16 Mayor Coniglio requested that the Town Council direct staff to investigate further the 17 movement of the Stambaugh Cottage from the Palm Beach Country Club to Phipps Park. 18 19 Council concurred, and Town Manager Elwell stated that staff will come back at a future 20 meeting with their findings. 21 22 Mayor Coniglio reported that Palm Beach County is again raising their millage rate, 23 although they promised to continue to look for savings and possible reductions. 24 25 V. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER 26 27 Council Member Diamond requested that a discussion of funding for Island Cats be 28 placed on the next agenda. 29 30 Council President Rosow reported that he had received a letter from the Tax Collector 31 requesting the Town's support for maintaining the Office of the Tax Collector as a 32 Constitutional Office. He stated that he was in favor of removing the Constitutional 33 Officer status of the Tax Collector, Sheriff, and Supervisor of Elections, and placing them 34 under the oversight of Palm Beach County. 14 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 Council President Pro Tern Wildrick agreed, with the exception of the Supervisor of 2 Elections. Council Member Pucillo stated that he also felt that the Supervisor of 3 Elections should remain a Constitutional Office. Council Member Kleid stated that we 4 should listen to all arguments regarding this issue. No action was taken. 5 6 VI. COMMUNICATIONS FROM CITIZENS 7 8 Suzanne Jones, Spring Flowers Boutique, spoke in opposition of increasing the parking 9 placard and parking ticket fees, and problems with Worth Avenue employees parking in 10 customer spaces. 11 12 Council Member Kleid requested that the issue of Zone Parking be brought before the 13 Ordinances, Rules, and Standards Committee for further consideration. In the interim, 14 Council requested that the Worth Avenue Association and the other business associations 15 create a task force to design a Parking Management Plan for their respective areas. 16 17 Sherry Frankel, President of the Worth Avenue Association, spoke regarding the Worth 18 Avenue Association's efforts to curb the problem of Worth Avenue employees parking in 19 customer spaces, and in opposition to increasing the parking ticket fee. 20 21 John Maus, Maus & Hoffman and member of the Worth Avenue Association, spoke 22 regarding the Worth Avenue Association's efforts to curb the problem of Worth Avenue 23 employees parking in customer spaces, and in opposition to increasing the parking ticket 24 fee. 25 26 Laurel Baker, Executive Director of the Palm Beach Chamber of Commerce, spoke 27 regarding options to address the parking problems. 28 29 Gregg Beletsky, Manager of Ralph Lauren and member of the Worth Avenue 30 Association, spoke in opposition of increasing the parking ticket fee. 31 32 John Archer, Royal Poinciana Way Association, spoke in opposition of increasing the 33 parking ticket fee. 34 35 Patti Sans, Greater South County Road Association, spoke in opposition of increasing the 36 parking ticket fee. 37 38 VII. APPROVAL OF AGENDA 39 40 The following changes were made to the agenda: 41 42 PULLED FROM CONSENT: Item VIII.F.2, Resolution No. 70-11, was pulled from 43 the Consent Agenda to be heard with Item X.B.6, Resolution No. 67-11. 44 45 PULLED FROM CONSENT: Item VIII.F.9, Resolution No. 80-11, was pulled from 46 the Consent Agenda to be heard as Item XII.1 under Any Other Matters. 07-12-11 TC Mtg./Page 2 of 13 15 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 ADDITION: A report from the Airport Noise Committee was added as Item XII.2. 2 under Any Other Matters. 3 4 Motion was made by Council Member Diamond and seconded by Council Member Kleid 5 to approve the Agenda, as amended. On roll call, the motion carried unanimously. 6 7 VIII. CONSENT AGENDA 8 9 Motion was made by Council Member Kleid and seconded by Council Member Diamond 10 to approve the Consent Agenda, as amended. On roll call, the motion carried 11 unanimously. 12 13 Clerk's Note: Resolution No. 70-11 was pulled to be heard with Resolution No. 67-11, and 14 Resolution No. 80-11 was pulled to be heard under Any Other Matters. 15 16 A. MINUTES: JUNE 13, 2011 17 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL 18 MEETING-PROPOSED FY12 BUDGET 19 20 B. MINUTES: JUNE 14, 2011 21 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING 22 23 C. MINUTES: JUNE 14, 2011 24 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL 25 MEETING-CLOSED-DOOR SESSION-PRESERVE PALM BEACH PAC 26 27 D. MINUTES: JUNE 15, 2011 28 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING 29 30 E. APPROVAL OF MAJOR MATTERS CONSIDERED BY THE 31 ARCHITECTURAL COMMISSION AT ITS MEETING ON 32 JUNE 22, 2011. 33 34 F. RESOLUTIONS 35 36 1. RESOLUTION NO. 68-11 A Resolution of the Town Council of the 37 Town of Palm Beach, Palm Beach County, Florida, Awarding a Purchase 38 Order to Mock Roos & Associates, Inc., for D-15 (D-6 and D-7) Pump 39 Station Improvements Project Construction Phase Engineering Services in 40 an Hourly Not to Exceed Amount of $280,642, Establishing a Budget of 41 $308,000 for Said Services, and Authorizing the Town Manager to Take 42 Actions Necessary to Complete Said Services. 43 [H. Paul Brazil, Director of Public Works] 44 45 2. RESOLUTION NO. 70-11 — Was pulled from Consent to be heard with 46 Resolution No. 67-11. 07-12-11 TC Mtg./Page 3 of 13 16 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 3. RESOLUTION NO. 72-11 A Resolution of the Town Council of the 2 Town of Palm Beach, Palm Beach County, Florida, Awarding a Purchase 3 Order to Kimley-Horn and Associates, Inc., for the North Lake Way, 4 Tangier Avenue, Laurian Lane, and Pendleton Avenue/Pendleton Lane 5 Construction Inspection Services for $108,166.67, Establishing a Budget 6 of $120,000 for Said Services, and Authorizing the Town Manager to 7 Take Actions Necessary to Complete Said Services. 8 [H. Paul Brazil, Director of Public Works] 9 10 4. RESOLUTION NO. 73-11 A Resolution of the Town Council of the 11 Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract 12 to Tetra Tech EC, Inc., For Permit Required Environmental Monitoring, 13 Including Coral Transplant Efficacy Monitoring, Mid-Town Project 14 Secondary Influence Assessment, and Monitoring Program Revision 15 Regulatory Agency Coordination, for the Amount of $60,202.37, and 16 Establishing a Budget of $70,000. [H. Paul Brazil, Director of Public 17 Works] 18 19 5. Disaster Debris Services. 20 [H. Paul Brazil, Director of Public Works] 21 22 a. RESOLUTION NO. 74-11 A Resolution of the Town Council of 23 the Town of Palm Beach, Palm Beach County, Florida, Awarding 24 a Contract to O'Brien's Response Management, Inc., and True 25 North Emergency Management LLC, for Disaster Debris 26 Monitoring and Authorizing the Town Manager to Execute the 27 Same on Behalf of the Town. 28 29 b. RESOLUTION NO. 76-11 A Resolution of the Town Council of 30 the Town of Palm Beach, Palm Beach County, Florida, Awarding 31 a Contract to Rio-Bak Corporation, Scott Lewis' Gardening & 32 Trimming, Inc., and Ceres Environmental Services, Inc., for 33 Disaster Debris Services-First Pass, Cut, and Toss and Authorizing 34 the Town Manager to Execute the Same on Behalf of the Town. 35 36 C. RESOLUTION NO. 84-11 A Resolution of the Town Council of 37 the Town of Palm Beach, Palm Beach County, Florida, 38 Authorizing the Town Manager to Enter into Contract Extensions 39 with Storm Reconstruction Services, Inc. (SRS) and TFR 40 Enterprises, Inc., for Debris Management, Removal, Reduction, 41 and Disposal. [H. Paul Brazil, Director of Public Works] 42 43 6. RESOLUTION NO. 75-11 A Resolution of the Town Council of the 44 Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract 45 to the Signal Group, in the Amount of $1,467,280 and Establishing a 46 Construction Phase Budget of $1,615,000 for the Street Light 07-12-11 TC Mtg./Page 4 of 13 17 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 Improvement Project Construction Phase. 2 [H. Paul Brazil, Director of Public Works] 3 4 7. RESOLUTION NO. 77-11 A Resolution of the Town Council of the 5 Town of Palm Beach, Palm Beach County, Florida, Revising Funding 6 Account Information for Awarding a Contract to D.S. Eakins Construction 7 Corporation, in the Amount of $885,683 and Establishing a Construction 8 Phase Budget of $974,251 for Installation of Utility Improvements and 9 Roadway Restoration on Pendleton Avenue and Pendleton Lane. 10 [H. Paul Brazil, Director of Public Works] 11 12 8. RESOLUTION NO. 79-11 A Resolution of the Town Council of the 13 Town of Palm Beach, Palm Beach County, Florida, Awarding a Purchase 14 Order for Procurement and Delivery of One International Durastar Cab 15 and Chassis from Navistar in the Amount of $54,629 and Establishing an 16 Overall Budget of$57,716. [H. Paul Brazil, Director of Public Works] 17 18 9. RESOLUTION NO. 80-11 — Was pulled from Consent to be heard under 19 Any Other Matters. 20 21 10. RESOLUTION NO. 83-11 A Resolution of the Town Council of the 22 Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract 23 to Mock Roos & Associates, Inc., for Construction Inspection Services for 24 the A-39 to A-7 Force Main Replacement Project for a "Not to Exceed" 25 Amount of $101,265, Establishing a Budget of $111,400 for Said 26 Services, and Authorizing the Town Manager to Take Actions Necessary 27 to Complete Said Services. [H. Paul Brazil, Director of Public Works] 28 29 11. RESOLUTION NO. 85-11 A Resolution of the Town Council of the 30 Town of Palm Beach, Palm Beach County, Florida, Awarding a Purchase 31 Order to Mock Roos and Associates, Inc., for the Street Lighting 32 Improvements Construction Inspection Services for $24,913, Establishing 33 a Budget of $27,500 for Said Services, and Authorizing the Town 34 Manager to Take Actions Necessary to Complete Said Services. 35 [H. Paul Brazil, Director of Public Works] 36 37 G. OTHER 38 39 1. Approval of Payment Under Town's Supplemental Life Insurance 40 Program. [Danielle Olson, Director of Human Resources] 41 42 2. Consent for Distribution of Justice Assistance Grant (JAG) Funds. [Kirk 43 W. Blouin, Director of Public Safety] 44 45 3. Authorization to Fill Vacant Training/Community Relations Position. 46 [Kirk W. Blouin, Director of Public Safety] 07-12-11 TC Mtg./Page 5 of 13 18 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 4. Appointment of Selection Committee for Construction Manager at Risk 2 Contractor for Sanitary Sewer Pump Stations. [Kirk W. Blouin, Director 3 of Public Safety] 4 5 5. Appointments to the Building Board of Adjustments and Appeals. [John 6 Page, Director of Planning, Zoning, and Building] 7 8 IX. PUBLIC HEARING 9 10 A. RESOLUTION NO. 78-11 A Resolution of the Town Council of the Town of 11 Palm Beach, Palm Beach County, Florida, Vacating and Abandoning Existing 12 Drainage and Utility Easements and Dedicating New Drainage Easements Within 13 Property Commonly Known as 445 Antigua Lane, Town of Palm Beach, Florida. 14 [Kirk W. Blouin, Director of Public Safety] 15 16 Motion was made by Council Member Diamond and seconded by Council Member Pucillo 17 to approve Resolution No. 78-11, subject to the condition that the property owner shall pay 18 all fees related to the implementation of the abandonment including, but not limited to, 19 recording fees. On roll call, the motion carried unanimously. 20 21 X. REGULAR AGENDA 22 23 A. Old Business 24 25 1. RESOLUTION NO. 69-11 A Resolution of the Town Council of the 26 Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract 27 to Coston Marine Services, Inc., in the Amount of$24,324, Establishing a 28 Construction Phase Budget of $25,500 for the Ibis Island Bridge 29 Maintenance Dredging Project and Providing Funding in the Amount of 30 $16,000 from the Town's General Fund Contingency Account. [H. Paul 31 Brazil, Director of Public Works] 32 33 Motion was made by Council Member Diamond and seconded by Council Member Kleid 34 to approve Resolution No. 69-11. On roll call, the motion carried unanimously. 35 36 B. New Business 37 38 1. Consideration of Scheduling an Attorney/Client Session Regarding Town 39 of Palm Beach, Florida vs United States of America, Civil Action No. 09- 40 64 L, in the United States Court of Federal Claims, to Discuss this Matter 41 to Begin Immediately Following this Regular Town Council Meeting in 42 the Town Council Chambers, 360 South County Road, Palm Beach, 43 Florida. Attorney/Client Session Attendees: Mayor Gail L. Coniglio; 44 Town Council Members David A. Rosow, Robert N. Wildrick, William J. 45 Diamond, Richard M. Kleid, Michael J. Pucillo; Town Manager Peter B. 46 Elwell; Attorney Jerry Stouck (Via Telephone); Attorney John C. 07-12-11 TC Mtg./Page 6 of 13 19 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 Randolph; and Court Reporter from Ley & Marsaa Court Reporters, Inc. 2 [John C. Randolph, Town Attorney] 3 4 Motion was made by Council Member Diamond and seconded by Council Member Pucillo 5 to approve scheduling of the Attorney/Client Session Regarding Town of Palm Beach, 6 Florida vs United States of America. On roll call, the motion carried unanimously. 7 8 2. Request for Formal Town Opposition to Proposed Extension of State Road 9 7. [Myron Uman, Water Catchment Area Advisory Committee] 10 11 Myron Uman and Jim Harvey of the Water Catchment Area Advisory Committee 12 provided a summary of the proposed project and their concerns. 13 14 Council President Rosow asked how the Town can find out what the water levels of 15 Grassy Flats are, and how they relate historically. The committee members stated that 16 they would put it on their website, and include a historical background. 17 18 Mayor Coniglio reported that she had been successful in bringing together the 19 Department of Environmental Protection, the South Florida Water Management District, 20 and the Water Catchment Area Advisory Committee to schedule a meeting so that criteria 21 for best practices could be established amongst all the agencies, as opposed to the Town 22 waiting for someone else to hold our destiny. 23 24 Council President Pro Tern Wildrick requested that the Council consider requesting that 25 the Water Catchment Area Advisory Committee develop a plan for increasing the supply- 26 side of our water supply, and come back in 90 days with an outline of that plan, and what 27 we can do to help. Mr. Uman replied that the Committee is a volunteer organization, and 28 suggested that the Town send a letter to the City of West Palm Beach's Utility 29 Department. Council President Pro Tern Wildrick asked what the best way to get the ball 30 rolling was. Jim Harvey suggested that it might be better if the Town send the letter to 31 the Mayor of West Palm Beach instead. 32 33 Motion was made by Council Member Pucillo and seconded by Council President Pro Tem 34 Wildrick to approve declaration of the Town's support for the Water Catchment Area 35 Advisory Committee's efforts; to direct staff to work cooperatively with the Committee; to 36 authorize Mayor Coniglio to submit to the Mayor of West Palm Beach a letter of 37 opposition to the proposed extension of State Road 7, as currently designed-this letter is to 38 include the following verbiage: "The proposed extension of State Road 7 from Okeechobee 39 Boulevard to North Lake Boulevard poses an unacceptable threat to the water supply that 40 serves the Town of Palm Beach, and therefore we oppose such an extension." On roll call, 41 the motion carried unanimously. 42 43 Council President Rosow suggested that this issue go before the Water Committee next 44 month. 45 46 Council President Rosow requested that Mayor Coniglio invite Sal Faso, President of the 07-12-11 TC Mtg./Page 7 of 13 20 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 North County Neighborhood Coalition, to her next County Budget Taskforce meeting. 2 Council President Rosow also invited Mr. Faso to the Town's next Water Committee 3 meeting. 4 5 Mr. Harvey stated that there is a long-range plan for increasing water storage capacity in 6 South Florida, the Comprehensive Everglades Restoration Plan. Its focus is building 7 reservoirs through various techniques. 8 9 Clerk's Note: Item X.B.7. was taken out of order and heard here. 10 11 3. Palm Beach County Environmental Projects. [Dan Bates, Director, 12 Environmental Enhancement and Restoration Division, Department of 13 Environmental Resources Management, Palm Beach County] 14 15 Dan Bates, Director, Environmental Enhancement and Restoration Division, Department 16 of Environmental Resources Management, Palm Beach County, provided a summary of 17 the proposed projects. 18 19 a. Proposed Sinking of Barge at Everglades Island Artificial Reef. 20 21 Motion was made by Council Member Diamond and seconded by Council President Pro 22 Tem Wildrick to oppose the proposed sinking of a barge at Everglades Island Artificial 23 Reef. On roll call, the motion carried unanimously. 24 25 b. Proposed Installation of Mooring Buoys at Nearshore Reefs. 26 27 Motion was made by Council President Pro Tem Wildrick and seconded by Council 28 Member Diamond to oppose the proposed installation of mooring buoys along the 29 Breakers' Buoy Field. On roll call, the motion carried 4-1, with Council Member Pucillo 30 dissenting. 31 32 Motion was made by Council Member Diamond and seconded by Council President Pro 33 Tem Wildrick to oppose the proposed installation of mooring buoys between north of 34 Reach 102 and south of Reach 106. On roll call, the motion carried 3-2, with Council 35 President Rosow and Council Member Pucillo dissenting. 36 37 After further discussion, Council President Rosow passed the gavel to Council President 38 Pro Tem Wildrick to make a motion. Motion was made by Council President Rosow and 39 seconded by Council Member Pucillo to instead support the installation of only six mooring 40 buoys between north of Reach 102 and south of Reach 106. On roll call, the motion carried 41 unanimously. 42 43 Council President Pro Tem Wildrick requested that the Director of Public Safety work 44 with the Fish and Wildlife Conservation Commission to monitor the installation of 45 private buoys, and to remove those that are installed without permits. 07-12-11 TC Mtg./Page 8 of 13 21 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 Council President Rosow requested that staff work with the County to find a way to free 2 up the water flow in the dead areas. 3 4 Council President Rosow requested that staff look into getting the bridge debris from the 5 two bridges that will be torn down soon, so that we can use them for mitigation and as 6 free material for future renourishment programs. 7 8 Clerk's Note: The Council recessed for lunch at 12:29 p.m. The Council reconvened at 1:38 9 p.m., at which time all of the elected officials were found to be present. 10 11 4. Request by Royal Poinciana Way Association for the Town to Display the 12 Holiday Tree in its Original Location in the Median of Royal Poinciana 13 Way. [John Pierce Archer, President, Royal Poinciana Way] 14 15 John Pierce Archer, President, Royal Poinciana Way Association, provided a summary of 16 the Association's request. 17 18 Motion was made by Council Member Diamond and seconded by Council Member Kleid 19 to deny the request to relocate the holiday tree, and to maintain its location in Bradley 20 Park. On roll call, the motion carried 4-1, with Council President Rosow dissenting. 21 22 In reference to previous litigation regarding religious displays, Council President Rosow 23 requested that Town Attorney Randolph review whether any of the stipulations between 24 the parties can be revised. 25 26 5. Request to Temporarily Close Eastbound Royal Poinciana Way for Water 27 Main Installation. [H. Paul Brazil, Director of Public Works] 28 29 Motion was made by Council Member Kleid and seconded by Council Member Diamond 30 to approve the request to temporarily close eastbound Royal Poinciana Way. After further 31 discussion, the motion was amended by Council Member Kleid and seconded by Council 32 President Pro Tem Wildrick to require that the closure may only be done on a Sunday, 33 Monday, or Tuesday. On roll call, the amended motion carried 4-1, with Council Member 34 Pucillo dissenting. 35 36 6. RESOLUTION NO. 67-11 A Resolution of the Town Council of the 37 Town of Palm Beach, Palm Beach County, Florida, Awarding a 38 Construction Manager At-Risk Contract with Burkhardt Construction, 39 Inc., for A-39 to A-7 Force Main Replacement Project (Task 1) for a Not 40 to Exceed Amount of$11,456,907.30. [H. Paul Brazil, Director of Public 41 Works] 42 43 After considerable discussion, the item was deferred to the August 9, 2011 Town Council 44 meeting, with the caveats that this be the first item under Old Business, and that staff bring 45 back the following items for Council consideration: a proposal for completion of the 46 project over one summer, a proposal for completion of the project over two summers, and 07-12-11 TC Mtg./Page 9 of 13 22 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 updated value engineered estimates of total project costs. 2 3 Council Member Diamond requested that staff put a line-by-line cost estimate of the 4 project on the website. 5 6 Council President Rosow requested that staff look into increasing the warranties from one 7 year to two years. 8 9 Council President Pro Tern Wildrick requested that staff provide further information on 10 the decision to no longer utilize Lake Worth's system. 11 12 Council consensus was that the Town not use Burkhardt for the provision of additional 13 management and audit services; they instead wanted to see an independent third party 14 oversee the work. 15 16 RESOLUTION NO. 70-11 A Resolution of the Town Council of the 17 Town of Palm Beach, Palm Beach County, Florida, Amending the Pre- 18 Construction Services Agreement with Burkhardt Construction, Inc., by 19 Increasing the Amount by $28,820 and Establishing a Pre-Construction 20 Phase Budget of $38,870 for Construction Manager at Risk Services for 21 the A-39 to A-42 Force Main Replacement Project(Task 2). 22 [H. Paul Brazil, Director of Public Works] — Was pulled from Consent to 23 be heard with above resolution. 24 25 Based upon the previous discussion, this item was deferred, along with Resolution No. 67, 26 to the August 9, 2011 Town Council meeting. 27 28 7. Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended 29 September 30, 2010. [Edward Holt and N. Ronald Bennett of Nowlen, 30 Holt, and Miner, P.A.] 31 32 Edward Holt and Ronald Bennett,representing Nowlen, Holt, and Miner, P.A.,provided 33 a summary of the report. 34 35 Motion was made by Council Member Kleid and seconded by Council Member Diamond 36 to amend the reference of "City" Council on the bottom of page 143 to "Town" Council, 37 and to accept the report, as amended. On roll call, the motion carried unanimously. 38 39 Council President Pro Tern Wildrick requested that the auditors determine if there are any 40 specific areas which the internal auditors should focus on. 41 42 Clerk's Note: The above item was taken out of order and heard directly following Item X.B.2. 43 44 8. FYI Budget Update. [Jane Struder, Director of Finance] 07-12-11 TC Mtg./Page 10 of 13 23 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 a. RESOLUTION NO. 59-11 A Resolution of the Town Council of 2 the Town of Palm Beach, Palm Beach County, Florida, Amending 3 the Emergency Medical Fee Schedule, Providing an Effective 4 Date. 5 6 Motion was made by Council Member Diamond and seconded by Council Member Kleid 7 to approve Resolution No. 59-11. On roll call, the motion carried unanimously. 8 9 b. RESOLUTION NO. 63-11 A Resolution of the Town Council of 10 the Town of Palm Beach, Palm Beach County, Florida, Increasing 11 Fines for Parking, Providing an Effective Date. 12 13 Motion was made by Council Member Pucillo and seconded by Council Member Diamond 14 to defer Resolution No. 63-11 to the August 9, 2011 Town Council meeting to allow the 15 business associations time to not only review the rates, but to also come up with a creative 16 solution to the parking issues within the business areas. On roll call, the motion carried 4- 17 1, with Council President Rosow dissenting. 18 19 C. RESOLUTION NO. 65-11 A Resolution of the Town Council of 20 the Town of Palm Beach, Palm Beach County, Florida, Increasing 21 the Parking Permit Fee, Annual Parking Permit Fee, and 22 Visitor/Service Permit Fee Providing an Effective. 23 24 Motion was made by Council Member Diamond and seconded by Council Member Kleid 25 to approve Resolution No. 65-11. On roll call, the motion carried unanimously. 26 27 d. RESOLUTION NO. 66-11 A Resolution of the Town Council of 28 the Town of Palm Beach, Palm Beach County, Florida, Increasing 29 the Parking Placard Fee, Providing an Effective Date. 30 31 Motion was made by Council Member Diamond and seconded by Council Member Kleid 32 to approve Resolution No. 66-11. On roll call, the motion carried unanimously. 33 34 e. RESOLUTION NO. 88-11 A Resolution of the Town Council of 35 the Town of Palm Beach, Palm Beach County, Florida, Amending 36 Recreation Department Fees for Fiscal Year 2012 and Granting 37 Authority to the Director of Recreation to Modify Daily Play Fees 38 for the Par 3 Golf Course, When Necessary, to Maximize Revenue 39 During Underused Times. 40 41 Motion was made by Council Member Diamond and seconded by Council Member Pucillo 42 to approve Resolution No. 88-11. On roll call, the motion carried unanimously. 43 44 f. RESOLUTION NO. 81-11 A Resolution of the Town Council of 45 the Town of Palm Beach, Palm Beach County, Florida, Approving 46 a Proposed Operating Millage Rate of 3.2512 for the Tentative 07-12-11 TC Mtg./Page 11 of 13 24 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 Fiscal Year 2012 Budget; Approving the Computed Rolled-back 2 Millage Rate of 3.2606 to Be Provided to the Property Appraiser in 3 Accordance with F.S. 200.065; Establishing the Date, Time, and 4 Place for the First and Final Budget Hearings to Consider the 5 Proposed Millage Rates and Tentative Fiscal Year 2012 Budget 6 and Directing the Town Manager to Transmit this Information to 7 the Property Appraiser of Palm Beach County in Accordance with 8 the Requirements of F.S. 200.065. 9 10 Motion was made by Council Member Diamond and seconded by Council Member Kleid 11 to approve Resolution No. 81-11. On roll call, the motion carried unanimously. 12 13 g. RESOLUTION NO. 50-11 A Resolution of the Town Council of 14 the Town of Palm Beach, Palm Beach County, Florida, Relating to 15 the Worth Avenue Improvement Project; Establishing the 16 Estimated Assessed Cost Again the Properties that will be 17 Benefitted Thereby; Directing the Town Manager to Prepare an 18 Updated Assessment Roll; Establishing a Public Hearing to 19 Consider Reimposition of the Improvement and Maintenance 20 Assessments and Their Collection; Directing the Provision of 21 Notice; and Providing for an Effective Date. [Thomas G. 22 Bradford, Deputy Town Manager] 23 24 Motion was made by Council Member Diamond and seconded by Council Member Kleid 25 to approve Resolution No. 50-11. On roll call, the motion carried unanimously. 26 27 h. RESOLUTION NO. 71-11 A Resolution of the Town Council of 28 the Town of Palm Beach, Palm Beach County, Florida, 29 Establishing the Non-ad Valorem Assessment Rates for 30 Commercial Solid Waste Collection; Providing an Effective Date. 31 [H. Paul Brazil, Director of Public Works] 32 33 Motion was made by Council Member Diamond and seconded by Council Member Kleid 34 to approve Resolution No. 71-11. On roll call, the motion carried unanimously. 35 36 9. Discussion Regarding Australian Pines on Wells Road. [David A. Rosow, 37 Town Council President] 38 39 Council consensus was to direct staff to move forward with seeking legislative relief for the 40 preservation, and replacement when necessary, of the Australian Pines on Wells Road. 41 42 10. Consideration of Zoning Ordinance Nos. 1-11, 2-11, 3-11, and 4-11 Prior 43 to 5:00 p.m. at the July 13, 2011, Town Council Meeting. [John Page, 44 Director of Planning, Zoning, and Building] 45 46 Motion was made by Council Member Pucillo and seconded by Council Member Kleid to 07-12-11 TC Mtg./Page 12 of 13 25 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12,2011 1 approve consideration of the above referenced zoning ordinances prior to 5:00 p.m. at the 2 July 13, 2011 Town Council meeting. On roll call, the motion carried unanimously. 3 4 XI. ORDINANCES 5 6 A. Second Reading—None 7 8 B. First Reading—None 9 10 XII. ANY OTHER MATTERS 11 12 1. RESOLUTION NO. 80-11 A Resolution of the Town Council of the Town of 13 Palm Beach, Palm Beach County, Florida, Approving the Annual Funding 14 Application to the Florida Department of Environmental Protection, Beach 15 Erosion Control Program. [H. Paul Brazil, Director of Public Works] — Was 16 pulled from Consent. 17 18 Motion was made by Council Member Diamond and seconded by Council Member Kleid 19 to approve Resolution No. 80-11. On roll call, the motion carried unanimously. 20 21 2. Report of the Airport Noise Committee. [Council Member Kleid] 22 23 Council Member Kleid reported that there have been discussions on sunsetting the 24 Airport Noise Committee. He stated that he felt the Committee was still needed, and that 25 he was seeking the support of the Council in opposing the sunsetting of this Committee. 26 27 Motion was made by Council Member Kleid and seconded by Council Member Diamond 28 to oppose the sunsetting of the Airport Noise Committee. On consensus, the motion carried 29 unanimously. 30 31 XIII. ADJOURNMENT 32 33 There being no further business, the Regular Town Council Meeting of Tuesday, July 12, 34 2011 was adjourned at 4:15 p.m. 35 36 APPROVED: 37 38 39 40 David A. Rosow 41 ATTEST: Town Council President 42 43 44 45 Susan A. Owens, MMC 46 Town Clerk 07-12-11 TC Mtg./Page 13 of 13 26 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Consent Agenda Agenda Title MINUTES: JULY12, 2011 Approval of the Minutes of the Special Town Council Meeting-Closed Door Session [Susan A. Owens, MMC, Town Clerk] Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the Special Town Council Meeting-Closed Door Session of July 12, 2011 27 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON TUESDAY,JULY 12, 2011 1 I. CALL TO ORDER AND ROLL CALL 2 3 The Special Town Council meeting was called to order at 4:16 p.m. on Tuesday, July 12, 4 2011, in the Town Council Chambers. On roll call, Mayor Coniglio was absent, and all 5 of the remaining elected officials were found to be present. 6 7 II. APPROVAL OF AGENDA 8 9 Motion was made by Council President Pro Tem Wildrick and seconded by Council 10 Member Kleid to approve the Agenda as printed. On roll call, the motion carried 11 unanimously. 12 13 III. TOWN OF PALM BEACH VS THE UNITED STATES OF AMERICA, CIVIC 14 ACTION NO. 09-64 L, IN THE UNITED STATES COURT OF FEDERAL 15 CLAIMS 16 17 F.S. 286.011(8) Allows the Mayor, Town Council, and the Town Manager to Meet in a 18 Closed-Door Attorney/Client Session for the Purpose of Discussing Strategy Related to 19 Litigation. 20 21 Town Council President Rosow announced the following: 22 23 a.) The Attorney/Client Closed-Door Session 24 b.) The estimated time is thirty minutes 25 c.) The names of the persons attending: 26 David A. Rosow, Town Council President 27 Robert N. Wildrick, Town Council President Pro Tern 28 William J. Diamond, Town Council Member 29 Richard M. Kleid, Town Council Member 30 Michael J. Pucillo, Town Council Member 31 Jerry Stouck, Attorney (Via Telephone) 32 John C. Randolph, Town Attorney 33 Peter B. Elwell, Town Manager 34 Ley and Marsaa, Court Reporters 28 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING(TPB v. USA) HELD ON TUESDAY,JULY 12,2011 1 At 4:18 p.m., the persons attending the meeting (listed above) relocated from the Town 2 Hall Council Chambers to the immediately adjacent conference room. 3 4 IV. RECONVENE SPECIAL TOWN COUNCIL MEETING IN THE TOWN HALL 5 COUNCIL CHAMBERS 6 7 A.) Call to Order 8 9 The Special Town Council meeting was reconvened at 4:46 p.m., in the Town Council 10 Chambers. 11 12 B.) Town Council President to Announce the Termination of the Attorney/Client 13 Session. 14 15 Council President Rosow announced the termination of the Attorney/Client Session. He 16 stated that the Town Council listened to a report from its Attorney, John Randolph, 17 regarding its litigation against the United States of America, and provided him with 18 instructions on how to proceed in regards to this litigation. 19 20 V. ANY OTHER MATTERS—None 21 22 VI. ADJOURNMENT 23 24 There being no further business, the Special Town Council Meeting of Tuesday, July 12, 25 2011 was adjourned at 4:47 p.m. 26 27 APPROVED: 28 29 30 31 32 David A. Rosow 33 Town Council President 34 35 ATTEST: 36 37 38 39 40 Susan A. Owens, MMC 41 Town Clerk 07-12-11 STC Mtg.(TPB v. USA)/Page 2 of 2 29 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Consent Agenda Agenda Title MINUTES: JULY 13, 2011 Approval of the Minutes of the Regular Town Council Meeting [Susan A. Owens, MMC, Town Clerk] Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the Regular Town Council Meeting of July 13, 2011 30 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,JULY 13, 2011 1 I. CALL TO ORDER AND ROLL CALL 2 3 The Regular Town Council meeting was called to order on Wednesday, July 13, 2011, at 4 9:30 a.m., in the Town Council Chambers. On roll call, all of the elected officials were 5 found to be present. 6 7 8 II. INVOCATION AND PLEDGE OF ALLEGIANCE 9 10 Town Clerk Owens gave the invocation. Council President Rosow led the Pledge of 11 Allegiance. 12 13 III. COMMENTS OF MAYOR GAIL L. CONIGLIO 14 15 None 16 17 IV. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER 18 19 None 20 21 V. COMMUNICATIONS FROM CITIZENS 22 23 None 24 25 VI. APPROVAL OF AGENDA 26 27 The following changes were made to the Agenda: 28 29 DEFERRED: Item VIII.C.l.a., Special Exception#14-2011 with Variances 30 31 DEFERRED: Item VIII.C.2.b., Variance#11-2011 32 33 31 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,JULY 13,2011 1 Motion was made by Council Member Diamond and seconded by Council Member Kleid 2 to approve the Agenda, as amended. On roll call, the motion carried unanimously. 3 4 VII. ORDINANCES 5 6 A. Second Reading 7 8 1. ORDINANCE NO. 1-11 An Ordinance Of The Town Council Of the 9 Town Of Palm Beach, Palm Beach County, Florida, Amending The Text 10 Of The Future Land Use Element Of The Town Of Palm Beach 11 Comprehensive Plan As Last Amended On August 11, 2010,With The 12 Adoption Of Ordinance No. 3-10, By Amending The Data & Analysis 13 The Future Land Use Element And Amending Policy 2.3.1 As It 14 Addresses Square Footage Thresholds For Town-Serving Businesses; 15 Providing For Severability; Repealing All Ordinances Or Part Of 16 Ordinances In Conflict Hereof; Providing For Codification; And Providing 17 an Effective Date. [John Page, Director of Planning, Zoning, and 18 Buildin 19 20 Town Attorney Randolph read Ordinance No. 1-11 by title, as printed above. 21 22 Motion was made by Council Member Diamond and seconded by Council Member Kleid 23 to adopt Ordinance No. 1-11. On roll call, the motion carried unanimously. 24 25 2. ORDINANCE NO. 2-11 An Ordinance Of The Town Council Of The 26 Town Of Palm Beach, Palm Beach County Florida, Amending Chapter 27 134, Zoning, At Section 134-2 By Amending The Definition Of Town- 28 Serving By Increasing The Square Foot Threshold In Certain Commercial 29 Zoning Districts; Section 134-229 By Exempting Hotel, Motel and 30 Timeshare Uses And The C-OPI Zoning District From The Town-Serving 31 Requirements; Sections 134-1107, 134-1109, 134-1157, 134-1259, 134- 32 1302 And 134-1304 By Increasing The Town-Serving Square Foot 33 Threshold And Changing The Term Occupational License To Business 34 Tax Receipt In The C-TS, C-WA And C-B Zoning Districts; Section 134- 35 1259 By Changing The Term Occupational License To Business Tax 36 Receipt In The C-PC Zoning District; Providing For Severability-- 37 Providing For Repeal Of Ordinances In Conflict; Providing For 38 Codification; Providing For An Effective Date. [John Page, Director of 39 Planning, Zoning, and Building 40 41 Town Attorney Randolph read Ordinance No. 2-11 by title, as printed above. 42 43 Motion was made by Council Member Diamond and seconded by Council Member Kleid 44 to adopt Ordinance No. 2-11. On roll call, the motion carried unanimously. 45 46 07-13-11 TC Mtg./Page 2 of 11 32 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,JULY 13,2011 1 3. ORDINANCE NO. 3-11 An Ordinance Of The Town Council Of The 2 Town Of Palm Beach, Palm Beach County, Florida, Amending The Text 3 Of The Future Land Use Element Of The Town Of Palm Beach 4 Comprehensive Plan As Last Amended On August 11, 2010 With The 5 Adoption Of Ordinance No. 3-10, By Amending The Data & Analysis 6 The Future Land Use Element And Amending Policy 7.3 As It Addresses 7 Rebuildinz Structures Located Seaward Of The Coastal Construction 8 Control Line (CCCL), And Permittinz Nonconforminz Building And 9 Structures To Be Rebuilt Provided Certain Conditions Are Met; Providinz 10 For Severability; Repealing All Ordinances Or Parts Of Ordinances In 11 Conflict Hereof; Providinz For Codification; And Providinz For An 12 Effective Date. [John Pale, Director of Planninz, Zoninz, and Building_1 13 14 Town Attorney Randolph read Ordinance No. 3-11 by title, as printed above. 15 16 Motion was made by Council Member Diamond and seconded by Council Member Kleid 17 to adopt Ordinance No. 3-11. On roll call, the motion carried unanimously. 18 19 20 4. ORDINANCE NO. 4-11 An Ordinance of the Town Council of the Town 21 of Palm Beach, Palm Beach County, Florida, Amending Chapter 134, 22 Zoning, At Sections 134-419 and 134-420 By Amending the Provisions 23 To Clarify the Regulations for Raising A Nonconforming Building To 24 Meet the Minimum Flood Elevation Requirements and Allow A 25 Nonconforming Building or Structure To Be Rebuilt Within A Defined 26 Time Limit If Unintentionally Damaged Or Destroyed y Act of 27 Terrorism Or War, Or By Fire Or Act Of God Or Nature; Providing For 28 Severability; Providing For Repeal Of Ordinances In Conflict; Providing 29 For Codification; Providing For An Effective Date. [John Pale, Director 30 of Plannin¢, Zonin¢, and Building] 31 32 Town Attorney Randolph read Ordinance No. 4-11 by title, as printed above. 33 34 Motion was made by Council Member Diamond and seconded by Council Member Kleid 35 to adopt Ordinance No. 4-11. On roll call, the motion carried unanimously. 36 37 B. First Reading - None 38 39 VIII. DEVELOPMENT REVIEWS 40 41 Town Clerk Owens administered the oath to all those who would be providing testimony. 42 43 A. Appeals - None 44 45 B. Time Extensions &Waivers - None 46 07-13-11 TC Mtg./Page 3 of 11 33 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,JULY 13,2011 1 C. Variances, Special Exceptions, and Site Plan Reviews 2 3 1. Old Business 4 5 a. SPECIAL Ti Y!''Ti PT-WN #14 2011 WITH VARIANCES—The 6 7 r1., known aq 7�n N,,,.th Oeean Bo"u'e�a-fd-; deseribed as 8 'Tl, li t stuff C 1 >� r; tl, Site �r�"c-�ni°i.—a7�7�r"" rc-ccnrisTeq_u°i�-crap_ eciccr��rcc_per9i�Ezcrraicc 10 � - ' I I house O the west Side of the Club fir.. fid build fiew 12 ' 13 be 5,581 feet. The f 11,,wfflr- Vafiaflees afee 14 :secaa mar-the flew c-asecmze-Fshouse .,z feet cu-^vr-c4c 16 17 136.86 lieu the 120 a - al ,a ,�,.e��ee—a��zo a�� svo�e� 18 A r�ney. M Z4ska4 r A RGO r De'. 19 pied 7 0.1 zefert'e,a f of the T„re 15, 2011 rr,,w r,,,,reil me� Reqti:�z. ear^ ,-xust 10-� Town 21 c-ouneil Meetiircrzette-f Pated june 29, 2011, ffoaf, Mau-fa n 22 Zis SeeenBe€effal ec r Deferred to 23 the August 10, 2011 Town Council meeting. 24 25 2. New Business 26 27 a. SITE PLAN REVIEW #7-2011 WITH VARIANCES The 28 application of 1200 South Ocean Boulevard, LLC; relative to 29 property commonly known as 947 No. Ocean Blvd.; described as 30 lengthy legal description on file; located in the R-A Zoning 31 District. The applicant is proposing to construct a new two-story 32 residence containing 17,370 square feet on two lots on the Atlantic 33 Ocean. The project will also include a basement(non-habitable) of 34 7,171 square feet and a below grade tennis loggia of 888 square 35 feet. There will be a generator with a capacity of over 100kw in 36 the basement. The applicant is requesting a point of measurement 37 variance, a building height variance, and a front yard setback 38 variance. The applicant is requesting a point of measurement of 22 39 feet NGVD in lieu of the maximum 17.4 feet NGVD allowed; a 40 building height of 24.10' in lieu of the 22.75 feet allowed; a front 41 setback of 119.83 feet at the closest point to the front lot line in 42 lieu of the 152.67 feet minimum allowed. [Attorney: Jacqueline S. 43 Miller, Esq.] [ARCOM Recommendation: Implementation of the 44 variances, as modified, will not cause negative architectural 45 impacts to the subject property. Carried 6-1, Mr. Karakul 46 opposed.] 07-13-11 TC Mtg./Page 4 of 11 34 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,JULY 13,2011 1 The following ex-parte communications were declared: Council Member Pucillo spoke 2 with Attorney Miller, who advocated the position of her client. Council Members Kleid 3 and Diamond, Council President Rosow, Mayor Coniglio, and Council President Pro 4 Tern Wildrick each spoke with Attorney Miller and her partner, Patricia Lebow, who 5 advocated the position of their client. 6 7 Attorney Miller, representing the owners of 1200 South Ocean Boulevard, LLC, for the 8 property at 947 South Ocean Boulevard, provided an overview of the applicant's request. 9 10 Director of Planning, Zoning, and Building Page provided staff's comments, noting that 11 staff recommended the Architectural Commission's (ARCOM's) eight conditions, which 12 were agreed upon by the owner and the neighbors. 13 14 Motion was made by Council Member Diamond and seconded by Council Member Kleid 15 that Site Plan Review #7-2011 with Variances be approved based upon the finding that the 16 approval of the site plan will not adversely affect the public interest and that the Council 17 certifies that the specific zoning requirements governing the individual use have been met 18 and that satisfactory provision and arrangement has been made concerning Section 134- 19 329, items 1 through 11; that the variances be granted and find, in support thereof, that all 20 of the criteria applicable to this application as set forth in Section 134-201(a), items 1 21 through 7 have been met; subject to the eight conditions listed in correspondence dated 22 July 6, 2011 from Jacqueline Miller, and that all construction vehicles park on the property 23 itself, not the street. On roll call, the motion carried unanimously. 24 25 b. VARIANCE #11 2011 The a991;..4io of David and S ,-., 26 277 • l�45 of O T u � A S14OR PPT 1100 TO D A T A 28 ae••0fE1i ... tO the Plat t efeOf aS feeOfde,l i1 Plat Book 20 29 of the Publ a Reeon4s of D.,l T2o.,..1-, (''.,,,,,t, F •,,rnzc` a-; locate in 30 - Pistfjet. The qpplie>eq sts yarjaneea--to 31 suet a-two 0— o . ,-Ah a 2-5 foot west Side .�af:d set>,aek 32 iii lie, Of the 12.5 feetfegifed; afid, afif-xle Of V O f� 33 de�xf:eti°--5-in lieti of the 100 deefees allowed. =�Maufa A. 34 Zitk6=Deferred to the August 10, 2011 Town Council meeting. 35 36 C. SPECIAL EXCEPTION #16-2011 The application of Escada 37 US Subco, LLC; relative to property commonly known as 222 38 Worth Avenue; described as Lots 17 and 18 Revised Map of Rom 39 Park Addition Plat Book 4, Pale 1; located in the C-WA Zoning 40 District. The applicant requests a Special Exception by a new 41 tenant of 222 Worth Avenue to continue to operate a clothing 42 store, the same business as the previous tenant. The store has 43 3,763 square feet on the first floor for retail use and 3,345 square 44 feet on the second floor for retail, office and shipping uses. The 45 total square footage is 7,108 square feet which is 5,108 square feet 46 in excess of the 2,000 square feet allowed as a matter of right 07-13-11 TC Mtg./Page 5 of 11 35 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,JULY 13,2011 1 without Special Exception, in the C-WA district. [Attorney 2 Raymond W. Rom 3 4 The following ex-pane communications were declared: Council Member Diamond 5 spoke with Attorney Royce, who advocated the position of his client. 6 7 Attorney Royce, on behalf of the applicant, Escada US Subco, LLC, provided an 8 overview of the applicant's request. 9 10 Director of Planning, Zoning, and Building Page provided staff's comments. 11 12 Motion was made by Council Member Diamond and seconded by Council Member Pucillo 13 that Special Exception #16-2011 shall be granted based upon the finding that such grant 14 will not adversely affect the public interest and that the applicable criteria set forth in 15 Section 134-229 of the Town Code have been met. On roll call, the motion carried 16 unanimously. 17 18 d. SPECIAL EXCEPTION #18-2011 WITH VARIANCE The 19 application of Worth Avenue Yachts, LLC; relative to property 20 commonly known as 150 Worth Avenue; described as lengthy 21 legal description on file; located in the C-WA Zoning District. The 22 applicant requests Special Exception approval for a commercial 23 office operation (boat sales and charter office business) containing 24 3,425 sq.ft. of gross leasable area which is over the 2,000 sq.ft. 25 limitation, which requires Town-serving approval. A Variance is 26 also requested for approval to allow this office use to be located on 27 the first floor which is not permitted by code in this zoning 28 district. [Attorney: James R. Brindell] 29 30 The following ex-parte communications were declared: Council Members Pucillo, Kleid, 31 and Diamond, Council President Pro Tern Wildrick, and Council President Rosow each 32 spoke with Attorney Brindell, who advocated the position of his client. 33 34 Attorney Brindell, on behalf of Worth Avenue Yachts, LLC, provided an overview of the 35 applicant's request. 36 37 Director of Planning, Zoning, and Building Page provided staff's comments. 38 39 Council Member Kleid requested that the applicant be required to dress up the windows 40 so that the business does not look like an office from the outside. 41 42 Motion was made by Council Member Diamond and seconded by President Pro Tem 43 Wildrick that Special Exception #18-2011 with Variance shall be granted based upon the 44 finding that such grant will not adversely affect the public interest and that the applicable 45 criteria set forth in Section 134-229 of the Town Code have been met; that the variance be 46 granted and find, in support thereof, that all of the criteria applicable to this application as 07-13-11 TC Mtg./Page 6 of 11 36 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,JULY 13,2011 1 set forth in Section 134-201(a), items 1 through 7 have been met; subject to the condition 2 that the windows be dressed so that the business does not look like an office from the 3 outside. On roll call, the motion carried unanimously. 4 5 e. SPECIAL EXCEPTION #19-2011 WITH SITE PLAN 6 REVIEW AND VARIANCE The application of The Society of 7 the Four Arts, Inc.; relative to property commonly known as 239 8 Cocoanut Road and adjacent Parking Lot, 439 Royal Palm Way, 9 Four Arts Plaza, 1 Four Arts Plaza, 2 Four Arts Plaza; described as 10 lengthy legal description on file; located in the R-B Zoning 11 District. A request for approval of a Special Exception for non- 12 profit cultural use (Section 134-890 (8) and Section 134-229). The 13 applicant, The Society of the Four Arts, Inc. ("Four Arts"), has 14 purchased the landmarked old Palm Beach Public School property 15 located at the southwest corner of Cocoanut Row and Seaview 16 Avenue. The applicant's request is that the Town Council grant a 17 Special Exception to allow the old school site to be used for a non- 18 profit cultural use and to modify the Four Arts' existing Special 19 Exception to include the newly acquired property into the Four 20 Arts campus, specifically proposed connection to the existing 21 Four Arts sculpture garden and the integration of the parkiniz lot 22 located west of the old school site into the site plan. The proposed 23 changes to the old school property include: (i) the demolition of a 24 noncontributing building on the south side of the property; (ii) 25 conversion of the old gymnatorium into a new 256 seat theater; 26 (iii) the construction of a new courtyard and reception area on the 27 north side of the building; (iv) the addition of a demonstration 28 kitchen and adult art, lecture, and other cultural activities within 29 the existing classrooms of the old school; and (v) the addition of a 30 visiting artists residence in the building to accommodate visiting 31 artists. Proposed improvements to the site include a new driveway 32 and drop-off along the south side of the old school building so that 33 vehicles can enter the site directly from Cocoanut Row. This 34 driveway will have a new courtyard connected to the existing Four 35 Arts sculpture garden to the south. The existing parking area on the 36 west side of the site will be improved with new landscaped areas, 37 new paving and new drainage. The existing emergency generator 38 enclosure will be enlarged for a new AC chiller and a new 80 KW 39 emergencygenerator. A request for approval of a Site Plan for the 40 proposed Fitz Eugene Dixon Education Building (Section 134- 41 329). The existing land marked Palm Beach Public School at the 42 southwest corner of Cocoanut Row and Seaview Avenue is 43 proposed to be converted into non-profit cultural center as part of 44 The Society of the Four Arts. The existing two story building will 45 remain except for the demolition of the stand alone 1950's addition 46 on the south side, which is not historic and not in keeping with the 07-13-11 TC Mtg./Page 7 of 11 37 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,JULY 13,2011 1 original 1920's architectural style. Improvements to the site 2 include the construction of a new courtyard and reception area on 3 the north side of the building and a new driveway and drop off 4 along the south side of the building so that vehicles can enter the 5 site directly from Cocoanut Row; Seaview Avenue is one-way 6 eastbound. This driveway will have a new courtyard connected to 7 the existing Four Arts sculpture garden to the south. The existing 8 parking area on the west side of the site will be improved with new 9 landscaped areas, new paving and new drainage. The existing 10 emergency generator enclosure will be enlarged for a new AC 11 chiller and a new 80 KW emergency generator. The building will 12 be entirely restored based upon the original 1920's style 13 architecture. New windows, doors, painting and other 14 improvements will be part of the exterior work. The interior will 15 include new elevators, new air conditioning system, new 16 restrooms, and new finishes throuzhout. The existing_gymnatorium 17 will be completely remodeled into a theater with 256 seats and 18 multipurpose room. The existing classroom and administrative area 19 will be remodeled into adult art, lecture, demonstration kitchen and 20 other cultural activity type of uses. There will be new 21 administrative offices and a visitimz artist residence. A request 22 for variance for applicant's proposed reduction in parking spaces 23 on the existimz Four Arts parkimz lot located to the west of the old 24 Palm Beach Public School building (Section 134-2175 (b) and 25 Section 134-201). Applicant proposes to reduce the number of 26 parking spaces from 45 to 35 in order to: (i) improve internal 27 circulation within the parking lot with the addition of a new lane 28 on the west side of the parking lot; (ii) accommodate a new 29 driveway and drop off along the south side of the buildimz so that 30 vehicles can enter the site directly from Cocoanut Row; (iii) 31 accommodate a new AC chiller unit and a new 80 KW emergency 32 generator to service the old Palm Beach Public School building; 33 and (iv) accommodate additional landscaping in the redesigned 34 parking lot. [Attorney: Harveyy. e 35 36 The following ex-pane communications were declared: Council Members Pucillo, 37 Diamond, and Kleid spoke with Attorney Oyer and Robert Moore, who advocated the 38 position of their client. Council Member Diamond further disclosed that he is a member 39 of the Society of the Four Arts. Council President Rosow and Mayor Coniglio spoke 40 with Attorney Oyer, Bob Moore, and Ervin Duggan, as well as received correspondence, 41 advocating the position of their client. 42 43 Town Clerk Owens administered the oath to additional individuals who would be 44 providing testimony. 45 07-13-11 TC Mtg./Page 8 of 11 38 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,JULY 13,2011 1 Attorney Oyer, on behalf of the Society of the Four Arts, provided an overview of the 2 applicant's request. 3 4 Architect Keith Spina, of Glidden, Spina & Partners, provided an overview of the site 5 plan. 6 7 Director of Planning, Zoning, and Building Page provided staff's comments. 8 9 Mr. Page indicated that a traffic circulation control plan could be incorporated into the 10 Declaration of Use Agreement, and that physical bodies would be required to direct 11 traffic for the larger events. 12 13 Council President Rosow noted that valet parking was used twice a year and that should 14 be included in the Declaration of Use Agreement. 15 16 Motion was made by Council Member Diamond and seconded by Council 17 Member Kleid that Special Exception #19-2011 with Site Plan Review 18 and Variance shall be granted based upon the finding that such grant will 19 not adversely affect the public interest and that the applicable criteria set 20 forth in Section 134-229 of the Town Code have been met, subject to the 21 following conditions: execution of declaration of use agreement, 22 including a restriction prohibiting simultaneous events in the auditorium 23 and the gymnatorium nor events that conflict with the public school 24 drop-off and pick-up times; execution of unity of title agreement; 25 qualified traffic control authority personnel will be required if more than 26 250 people are expected for events on the entire campus; reversal of the 27 traffic flow at the new access drive, unless the town's traffic consultant is 28 opposed; applicant will provide best efforts to bury the utility lines; 29 landscape to be installed along the north property line, adjacent to new 30 patio area; no valet, except for the current use twice a year; and, all 31 construction vehicles park on the property itself, not the street. On roll 32 call, the motion carried unanimously. 33 34 Motion was made by Council Member Diamond and seconded by Council Member Kleid 35 that the Site Plan be approved based on the finding that the approval of the site plan will 36 not adversely affect the public interest and that the Council certifies that the specific zoning 37 requirements governing the individual use have been met and that satisfactory provision 38 and arrangement has been made concerning Section 134-329, items 1 through 11. On roll 39 call, the motion carried unanimously. 40 41 Motion was made by Council Member Diamond and seconded by Council 42 Member Kleid that that the Variance be granted and find, in support 43 thereof, that all of the criteria applicable to this application as set forth in 44 Section 134-201(a), items 1 through 7 have been met. On roll call, the 45 motion carried unanimously. 46 07-13-11 TC Mtg./Page 9 of 11 39 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,JULY 13,2011 1 Clerk's Note: Mayor Coniglio left the meeting at 11:37 a.m. 2 3 4 f. SPECIAL EXCEPTION #17-2011 The application of Ritcon 5 Investments South, LLC; relative to property commonly known as 6 150 Worth Avenue; described as lengthy legal description on file; 7 located in the C-WA Zoning District. The applicant requests a 8 Special Exception to replace the existing Trevini restaurant in 9 Suite 234 on the second level of 150 Worth Avenue with a new 10 restaurant called Cha-Cha's which will occupy the same square 11 footage (5,243) and will have the same number of seats as was 12 previously pproved for Trevini (151, with 14 on the exterior of 13 the common area). The restaurant will provide background dinner 14 music, or entertainment, and may have dancing to live or recorded 15 music, but will not have floorshows. Special Exception request to 16 allow 14 of the 151 maximum seats to be allowed outside the 17 restaurant. [Attorney: James R. Brindell 18 19 The following ex-pane communications were declared: Council Members Pucillo, 20 Diamond, and Kleid, and Council President Rosow, each spoke with Attorney Brindell, 21 who advocated the position of his client. 22 23 Attorney Brindell, on behalf of the owner of Cha-Chas's, provided an 24 overview of the applicant's request. 25 26 Director of Planning, Zoning, and Building Page provided staff's 27 comments. 28 29 Attorney Neil Schiller, of Becker & Poliakoff, P.A., commented on 30 behalf of the residents of Winthrop House, who are in support of the 31 application. 32 33 Motion was made by Council Member Diamond and seconded by 34 President Pro Tem Wildrick that Special Exception #17-2011 shall be 35 granted based upon the finding that such grant will not adversely affect 36 the public interest and that the applicable criteria set forth in Section 37 134-229 of the Town Code have been met, subject to the following 38 conditions: there shall be a limit of 151 seats, of which 14 may be outside 39 seating; indoor and outdoor service shall cease at 11:00 p.m.; all garbage 40 and glass shall be stored inside the restaurant from 7:00 p.m. to 8:00 41 a.m.; the bar shall cease operations at 1:00 a.m.; the restaurant shall only 42 be allowed to operate as a night club and stay open until 3:00 a.m. on 43 New Year's Eve-if any complaints are filed by neighboring property 44 owners regarding this event, then the applicant will be required to come 45 back before the council to address any problematic issues; and, the 46 applicant shall come back before the council in one year to verify their 07-13-11 TC Mtg./Page 10 of 11 40 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,JULY 13,2011 1 compliance with these conditions and that there are no objections from 2 neighboring property owners. On roll call, the motion carried 3 unanimously. 4 5 D. Other - None 6 7 IX. ANY OTHER MATTERS - None 8 9 X. ADJOURNMENT 10 11 There being no further business, the July 13, 2011, Town Council meeting was adjourned 12 at 11:45 a.m. 13 14 APPROVED: 15 16 17 18 19 David A. Rosow 20 Town Council President 21 22 ATTEST: 23 24 25 26 27 Susan A. Owens, MMC 28 Town Clerk 07-13-11 TC Mtg./Page 11 of 11 41 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Consent Agenda Agenda Title Approval of Major Matters Considered by the Architectural Commission at its Meeting of July 27, 2011. Presenter John Page, Director of Planning, Zoning, and Building Supporting Documents Memorandum dated July 30, 2011 from John S. Page, Director of Planning, Zoning and Building Minutes of the Architectural Commission meeting of July 27, 2011 42 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: John S. Page, Director of Planning, Zoning & Building Re: Approval of the Architectural Commission Meeting Minutes of July 27, 2011 Date: July 30, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council approve the major items that were approved by ARCOM at the regularly scheduled meeting of July 27, 2011. BOARD OR COMMISSION RECOMMENDATION The Architectural Commission recommends that the Town Council approve the major items which were considered at the regularly scheduled meeting of July 27, 2011. GENERAL INFORMATION These minutes are submitted to the Town Council for approval pursuant to Chapter 18-177 of the Town of Palm Beach Code of Ordinances. Attachment JSP:cmd 43 MINUTES ARCHITECTURAL COMMISSION IN THE TOWN COUNCIL CHAMBERS 2ND FLOOR, TOWN HALL 360 SOUTH COUNTY ROAD, PALM BEACH WEDNESDAY, JULY 27, 2011, 9:00 a.m. Please be advised that in keeping with a recently reaffirmed directive from the Town Council, the minutes of all Town Boards and Commissions will be"abbreviated" in style. Persons interested in listening to the meeting, after the fact, may access the audio of that item via the Town's website at www.townofpalmbeach.com or may obtain an audio recording of the meeting by contacting Cindy Delp, Secretary to the Architectural Commission at (561) 227-6408. As a point of reference,you will find the recording times listed on these minutes at the beginning of each item. 1. CALL TO ORDER(8:59:05 a.m.) Chairman Smith called the meeting to order at 9:00 a.m. 11. ROLL CALL (8:59:27 a.m.) Jeffery W. Smith, Chairman PRESENT Robert J. Vila, Vice Chairman PRESENT Kenn Karakul, Member PRESENT Nikita Zukov, Member PRESENT Ann L. Vanneck, Member PRESENT Henry Homes III, Member PRESENT Alex Hufty Griswold, Member PRESENT Martin D. Gruss, Alternate Member PRESENT Peter L C. Knowles 11, Alternate Member PRESENT Alexander C. Ives, Alternate Member PRESENT Staff members present were John S. Page, Director of Planning, Zoning & Building, John Lindgren, Planning Administrator, and Cynthia Delp, Secretary to the Architectural Commission. 111. PLEDGE OF ALLEGIANCE (8:59:33 a.m.) IV. APPROVAL OF THE MINUTES FROM THE JUNE 22 2011 MEETING (8:59:49 a.m.) MOTION BY MRS. VANNECK FOR APPROVAL OF THE MINUTES. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. 1 44 V. APPROVAL OF THE AGENDA : (9:00:10 a.m.) Staff requested that item B-040-2011 be moved to the end of Major Projects-New Business. MOTION BY MR. KARAKUL FOR APPROVAL OF THE AGENDA AS REVISED. MOTION SECONDED BY MR. VILA. MOTION CARRIED UNANIMOUSLY. VI. ADMINISTRATION OF THE OATH TO PERSONS WHO WISH TO TESTIFY (9:00:44 a.m.) VII. OTHER BUSINESS: (9:01:03 a.m.) VIII. PROJECT REVIEW (9:01:09 a.m.) A. MAJOR PROJECTS - OLD BUSINESS B - 028 - 2011 Parking lot lighting Address: 2840 S. Ocean Boulevard Applicant: Royal Saxon Contractor: Sullivan Electric & Pump Inc. Project Description: Parking lot lighting changing from fluorescent light bulbs to metal halide and changing from 150 watts to 250 watts. The increase of lighting will help in security reasons. Please note that at the May meeting, after hearing this project, it was deferred to the June meeting. At the June meeting, after further presentation, the project was deferred to the July meeting. Call for disclosure of ex parte communication: No disclosures PRESENTATION BY: Gary SuIllivan of Sullivan Electric & Pump Inc. OTHERS WHO TESTIFIED: Marianne Beyl, unit owner at Royal Saxon Mr. Sullivan presented a revised presentation showing a different light fixture, a 175 watt metal halide fixture which is "dark sky compliant". Though there were some negative comments regarding the appearance of the proposed fixture, it was generally felt that this fixture more closely resembles the type of fixture that the residents prefer, and is a fixture that meets the requirements of our ordinance. MOTION BY MRS. VANNECK FOR APPROVAL AS PRESENTED, WITH THE CONDITION THAT THE FIXTURE IS A 175 WATT FIXTURE. MOTION SECONDED BY MR. ZUKOV. MOTION CARRIED UNANIMOUSLY. B - 034 - 2011 Demolition and New residence *ARCOM TO MAKE RECOMMENDATION RELATIVE TO VARIANCE(S)* Address: 760 North Ocean Boulevard Applicant: Palm Beach Country Club Architect: Youchak& Youchak, Inc. Project Description: Demolition of an existing two-story 1,500 sq. ft. house (a/k/a 851 North Lake Way) and replace with a new 5,581 sq. ft. two-story house with pool and landscaping. New 2 45 house roof. Cedar Shingle; Building Color: Sage; Trim Color: White/Sage. Demolition to commence after approval and issuance of permit Variance information: Applicant requests a front yard setback/building height plan setback variance and an angle of vision variance. Please note that at the May meeting, after hearing the project, there was a motion for approval to demolish the house with the caveat for sodding, and providing that all the required photographs are provided for the archives. There was a second motion for deferral to the June meeting advising the applicant to return with the landscape plan. At the June meeting, after hearing the project, there was a motion for deferral to the July meeting. Call for disclosure of ex parte communication: Disclosures by several members ARCHITECTURAL PRESENTATION BY: Thomas Youchak, Youchak & Youchak, Inc. LANDSCAPE PRESENTATION BY: Jeff Blakely, Landscape Architect Mr. Youchak presented revised plans showing a reduction in the size of the house from 5500 sq. ft. to 4600 sq. ft.; movement of the driveway 20 ft. to the North; addition of nine(9) High-Rise Live Oak trees,palm trees, and Ficus tree; entrance and line of sight improved to comply with code; garage moved 3 ft. to the East, garage reduced from 3 car bays to 2, and other changes as outlined. MOTION BY MR. ZUKOV THAT IMPLEMENTATION OF THE PROPOSED VARIANCES WILL NOT CAUSE NEGATIVE ARCHITECTURAL IMPACTS TO THE SUBJECT PROPERTY. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. MOTION BY MR. ZUKOV FOR APPROVAL OF THE PROJECT AS PRESENTED. MOTION SECONDED BY MR. HOMES. MOTION CARRIED UNANIMOUSLY. B - 045 -2011 New Residence Address: 228 Seabreeze Avenue Applicant: Roberto Haberfeld (Lemure Seabreeze LLC) Architect: Smith and Moore Architects, Inc. Daniel Kahan Project Description: New one-story residence, final landscape and hardscape; Roof Material: Flat white roof, Building Color: White Please note that at the June meeting, there was a motion for approval of the architecture, but deferral of the landscape to next month. PLEASE BE ADVISED THAT THE LANDSCAPE ARCHITECT HAS REQUESTED DEFERRAL TO THE AUGUST MEETING. MOTION BY MR. HOMES FOR DEFERRAL TO THE AUGUST MEETING. MOTION SECONDED BY MR. ZUKOV. MOTION CARRIED UNANIMOUSLY. 3 46 B - 040 -2011 Demolition and New Residence Address: 111 Seaview Avenue Applicant: Joseph Mimran Architect: MP Design&Architecture Inc. Project Description: Demolition of existing residence; New 2 story residence,pool, landscape and hardscape. Roof material: White flat; Building Color: White; Trim Color: Stone Teak At the June meeting, there was a motion for approval of the demolition(with the typical provisions for sodding and irrigating). There was also a motion for approval as presented, with the chimney wall raised and the stainless steel chimney reduced in size, and return next month with the landscaping and another material choice other than granite. Call for disclosure of ex parte communication: Disclosure by Messrs. Griswold and Zukov ARCHITECTURAL PRESENTATION BY: Michael Perry, MP Design& Architecture Inc. LANDSCAPE PRESENTATION BY: Keith Williams, Mario Nievera Design Mr. Williams presented a landscape plan revising the motor court and front plantings as outlined, and Mr. Perry presented a material change to white quartz rather than granite. MOTION BY MR. KARAKUL FOR APPROVAL OF THE REVISED PLANS. MOTION SECONDED BY MR. GRISWOLD. MOTION CARRIED UNANIMOUSLY. B. MAJOR PROJECTS -NEW BUSINESS: (9:15:57 a.m.) B - 042 -2011 Storefront changes Address: 150 Worth Avenue#115A Applicant: Worth Avenue Association LTD Architect: Keith Spina, GSP Project Description: Revise storefront elevation and interiors Call for disclosure of ex parte communication: Disclosures by several members ARCHITECTURAL PRESENTATION BY : John Glidden, GSP Mr. Glidden explained that this space, formerly occupied by La Coste, will be occupied by two tenants, both high end jewelry stores. This tenant, Hublot, will be located in the East half of the space, with a storefront including glazing, granite, brushed stainless steel frames, and polished stainless steel for the signage on the facade of the store only. MOTION BY MR. HOMES FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. ZUKOV. MOTION CARRIED UNANIMOUSLY. B - 046 -2011 Storefront changes Address: 150 Worth Avenue, Suite 115B Applicant: Worth Ave Association LTD Architect: Keith Spina, GSP Project Description: Revise storefront elevation and interiors 4 47 Call for disclosure of ex parte communication: Same disclosures as B-042-2011 ARCHITECTURAL PRESENTATION BY: John Glidden, GSP Mr. Glidden informed that this tenant, Panerai, will be located in the West half of the former La Coste space. Design elements include frosted Plexi glass signage, and a clear glass and brushed stainless steel panels. MOTION BY MR. HOMES FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. GRISWOLD. MOTION CARRIED UNANIMOUSLY. B - 047 -2011 Awning Address: 300 South Ocean Boulevard, Penthouse A Applicant: Mr. and Mrs. Andrew Hall Architect: Glen P. Harris, A.I.A. Project Description: Proposed new canvas awning over portion of existing East facing exterior patio Variance information: Site Plan Review, Special Exception,and variances for front yard setback,side yard setback, and a variance to install awning on the 6 1 floor of a building in a district that allows 5-story buildings by special exception Call for disclosure of ex parte communication: No disclosures ARCHITECTURAL PRESENTATION BY: Glen Harris, Architect Mr. Harris explained that this awning will be added at the penthouse level, facing the ocean, and located beside other existing awning structures. This awning will be white, approximately 30 ft. by 15 ft., with a fixed, straight edge. MOTION BY MR. KARAKUL FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. VILA. MOTION CARRIED UNANIMOUSLY. MOTION BY MR. ZUKOV THAT IMPLEMENTATION OF THE PROPOSED VARIANCE WILL NOT CAUSE NEGATIVE ARCHITECTURAL IMPACTS TO THE SUBJECT PROPERTY. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. B - 049 -2011 Pool House/Guest House Address: 70 Blossom Way Applicant: David and Tracy Markin Architect: Carlos Vilaca Contractor: Nick Bessenroth Project Description: New 1600 sq. ft. pool house/guest house Call for disclosure of ex parte communication: Disclosures by Messrs. Homes and Griswold 5 48 ARCHITECTURAL PRESENTATION BY: Carlos Vilaca, Anatolia Engineering Services Mr. Vilaca explained that the pool/guest house will match the existing residence as to color, materials, design details, etc., but will not be visible from the street. There were some negative comments regarding the number of pediments, and the scale of the structure. MOTION BY MR. HOMES FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED 5-2, WITH MRS. VANNECK AND MR. VILA OPPOSED. B - 050 -2011 Gates Address: 260 Dunbar Road Applicant: Ben and Elizabeth Gordon Architect: Smith and Moore Architects, Inc. Project Description: New Aluminum vehicle gates and pedestrian access gate Call for disclosure of ex parte communication: Disclosures by several members ARCHITECTURAL PRESENTATION BY : Daniel Kahan, Smith and Moore Architects Mr. Kahan presented the gates requested for safety and security: Two rolling vehicle gates: white with angled open lattice topping solid aluminum recessed panels, gate piers with cast stone finials; and, a pedestrian gate, lattice and solid aluminum, approximately 5 ft. in height. MOTION BY MR. KARAKUL FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. B - 051 -2011 Demolition Address: 127 Reef Road Applicant: Casa de Playa, LLC Architect: SKA Architect& Planner/Patrick W. Segraves, A.I.A. Project Description: Demolition of existing one-story residence Call for disclosure of ex parte communication: Disclosure by Mr. Homes ARCHITECTURAL PRESENTATION BY: Mindy Schwab for SKA Ms. Schwab provided the required demolition report for this 1950 house testifying that this home is in poor condition and is one of the more depressed properties on Reef Road. MOTION BY MR. VILA FOR APPROVAL OF THE DEMOLITION, WITH THE TYPICAL CAVEATS FOR SODDING AND IRRIGATING. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. 6 49 B - 053 -2011 Demolition and New Residence Address: 200 Ocean Terrace Applicant: Mr. and Mrs. Brock Milstein Architect: MP Design&Architecture, Inc. Project Description: Demolition of existing house. New 2 story residence,pool, landscape and hardscape. Roof Material: Cedar Shake; Building Color: Yellow; Trim Color: White; Shutter Color: Black Call for disclosure of ex parte communication: Disclosures by several members ARCHITECTURAL PRESENTATION BY: Michael Perry, MP Design& Architecture Inc. LANDSCAPE PRESENTATION BY: John Lang, Lang Design Group Mr. Perry noted that the proposed colors have changed (now White with blue shutters). He provided the demolition report for this 1950 house, and Mr. Lang outlined the landscape material which will remain on site. MOTION BY MRS. VANNECK FOR APPROVAL OF THE DEMOLITION WITH THE TYPICAL CAVEATS FOR SODDING AND IRRIGATING. MOTION SECONDED BY MR. ZUKOV. MOTION CARRIED UNANIMOUSLY. Mr. Perry described the new home for this corner lot, noting that it will have a symmetrical front facade, a cedar shake roof, curved driveway, a one story garage along North Ocean Way, and an L-shaped pool. After Mr. Lang's landscape presentation, concerns were expressed about the survivability of the proposed Ficus hedge in this location. As for the house, concerns were expressed about the windows and the balcony. MOTION BY MR. ZUKOV FOR APPROVAL AS PRESENTED, TOGETHER WITH A DEFERRAL OF THE FRONT ELEVATION AND LANDSCAPING AS DISCUSSED. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. B - 054 -2011 Final Landscape Address: 212 Caribbean Road Applicant: Douglas Buck and Bobbie Lindsey Architect: Hilda Gilchrist, ASLA Project Description: Final landscape approval Call for disclosure of ex parte communication: Disclosure by Mrs.Vanneck LANDSCAPE PRESENTATION BY: Hilda Gilchrist, Landscape Architect After the presentation, members expressed concern regarding the lack of verticality in the plantings proposed at the garage. MOTION BY MRS. VANNECK FOR APPROVAL AS PRESENTED, WITH INCLUSION OF BOUGAINVILLEA, OR SOMETHING TO GROW UP THE GARAGE WALL. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. 7 50 B - 048 -2011 New Residence Address: 240 Kawama Lane Applicant: Mr. and Mrs. Paul Efron Architect: Smith and Moore Architects Project Description: Construction of a two-story single family residence with cabana,pool, final landscape and hardscape Call for disclosure of ex parte communication: Disclosures by several members ARCHITECTURAL PRESENTATION BY: Peter Papadopoulos, Smith& Moore Architects LANDSCAPE PRESENTATION BY: Keith Williams, Mario Nievera Design Mr. Papadopoulos presented the design for a British Colonial family home with the house centered on the property, including a symmetrical front facade, curved driveway, side-loaded garage, lap pool running north and south, cabana, separate spa, and other details as outlined. Proposed colors are: creamy white base, white trim, and blue shutters. The roof is a flat concrete the in a shake style. The project includes a whimsical, folly-like pool cabana. Elements of the landscape/hardscape plan include a garden gate, a free form motor court, and a 12 ft. x 40 ft. pool on axis with the master bedroom, and other landscape/hardscape design elements as outlined. MOTION BY MR. KARAKUL FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. HOMES. MOTION CARRIED UNANIMOUSLY. Let the record show that there was a short recess at 10: 35 a.m. B - 052 -2011 Gate Address: 134 Chilean Avenue Applicant: Gustavo Mirabal Architect: Mario Nievera Project Description: Proposed new entry gate Call for disclosure of ex parte communication: No disclosures LANDSCAPE PRESENTATION BY: Keith Williams, Mario Nievera Designs Mr. Williams indicated that no variance is required for the driveway gate. It includes one wooden post painted white, a wooden sliding gate with a louvered top and paneled bottom, 9-10 ft. in width and 6 ft. in height. MOTION BY MR. KARAKUL FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. VILA. MOTION CARRIED UNANIMOUSLY. 8 51 C. MINOR PROJECTS - OLD BUSINESS: A - 010 - 2011 Addition Address: 725 North Lake Way Applicant: Howard Sosin Architect: Randolph Hansen: Interplan Inc. Project Description: Addition of copper canopies over exterior doors and BBQ area on first floor at interior yard; 39 sq. ft. addition to breakfast area Please note that at the June meeting, after hearing this project, there was a motion for deferral to the July meeting. Call for disclosure of ex parte communication: No disclosures ARCHITECTURAL PRESENTATION BY: Randolph Hansen, Interplan Inc. Mr. Hansen testified that the owner has removed his request for copper canopies since last month, in favor of extending 3 ft. for the breakfast area, and covering the existing outdoor kitchen with a hip roof, and other associated changes as outlined. MOTION BY MR. ZUKOV FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. VILA. MOTION CARRIED UNANIMOUSLY. D. MINOR PROJECTS -NEW BUSINESS: (10:50:39 a.m.) A - 015 -2011 Australian Pines Address: 3440 South Ocean Boulevard Applicant: Halcyon of Palm Beach Architect: Environment Design Group/Dustin Mizell Project Description: Application to preserve Australian Pines on site Call for disclosure of ex parte communication: No disclosures LANDSCAPE PRESENTATION BY: Dustin Mizell, Environment Design Group Mr. Mizell indicated that he was present to request exemption from the requirements of the Town ordinance requiring removal of Australian Pines by January 1, 2012 as the Australian Pines at this address are being used and managed as hedges, and those hedges serve a purpose. After the presentation, members commented that the Australian Pines at this site have been beautifully managed. MOTION BY MRS. VANNECK FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. Mr. Page discussed the issues related to the aforementioned ordinance related to Australian Pines, and reported that since Palm Beach County has alleviated its requirements with regard to Australian Pines, the Town is looking into adopting the same type of less stringent requirements. 9 52 A - 016 -2011 Landscaping Address: 1480 North Lake Way Applicant: Gregory L. Wilson Architect: Mario Nievera Project Description: Adding Coconuts and landscaping west of seawall Call for disclosure of ex parte communication: Disclosures by several members LANDSCAPE PRESENTATION BY: Mario Nievera, Mario Nievera Design Mr. Nievera presented additional Coconuts and Saw Palmetto to be added in the Southwest corner of the area west of the seawall at this property. Mr. Lindgren provided information as to the position of various regulatory agencies relative to this project. None of those agencies objected to the project,provided the planting is east of the mean high water line. It was noted that one telephone call was received from a neighbor objecting to the project. Members were not in favor of setting a precedent allowing an owner to plant on State property, essentially creating a fence. MOTION BY MR. HOMES TO DENY THE PROJECT. (PER THE SIGNED DENIAL FORM: ON THE BASIS THAT THE PROPOSED LANDSCAPING IS NOT IN HARMONY WITH THE PROPOSED DEVELOPMENTS ON LAND IN THE GENERAL AREA, WITH THE COMPREHENSIVE PLAN FOR THE TOWN,AND WITH ANY PRECISE PLANS ADOPTED PURSUANT TO THE COMPREHENSIVE PLAN; AND, THAT THE PROPOSED LANDSCAPING IS EXCESSIVELY DISSIMILAR IN RELATION TO ANY OTHER LANDSCAPING OR FOR WHICH A PERMIT HAS BEEN ISSUED OR TO ANY OTHER STRUCTURE INCLUDED IN THE SAME PERMIT APPLICATION WITH 200 FEET OF THE PROPOSED SITE, ETC.) MOTION SECONDED BY MR. ZUKOV. MOTION CARRIED UNANIMOUSLY. A - 017 -2011 Garage Address: 276 Jamaica Lane Applicant: Philip Strathy Architect: James C. Paine Jr. Project Description: Conversion of partially walled carport with awning into fully enclosed permanent one story single car garage structure Call for disclosure of ex parte communication: No disclosures ARCHITECTURAL PRESENTATION BY: James Paine, Architect Mr. Paine testified that the Town Council granted a setback variance for this project at their March meeting; and, that the materials of the structure will match those of the house. MOTION BY MR. HOMES FOR APPROVAL AS PRESENTED, WITH THE CONDITION THAT THE HEDGES BE RETAINED. MOTION SECONDED BY MR. VILA. MOTION CARRIED UNANIMOUSLY. 10 53 A - 018 -2011 Garage Bay Addition Address: 252 Seaspray Avenue Applicant: Mr. and Mrs. David McDermott Architect: Bridges Marsh& Associates Project Description: One story garage bay addition on North side of existing garage. New exterior stair to existing to be remodeled second story space above garage Call for disclosure of ex parte communication: No disclosures ARCHITECTURAL PRESENTATION BY: Mark Marsh, Bridges Marsh& Associates Mr. Marsh indicated that this project, as described above, will improve the function of the garage at this site. MOTION BY MR. KARAKUL FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MR. GRISWOLD. MOTION CARRIED UNANIMOUSLY. IX. COMMUNICATIONS FROM CITIZENS (3 MINUTE LIMIT PLEASE) (11:28:13 a.m.) X. COMMENTS OF THE ARCHITECTURAL COMMISSION AND DIRECTOR OF PLANNING ZONING AND BUILDING DEPARTMENT: (11:28:16 a.m.) Mr. Smith commented regarding the new Publix store which had been reviewed for several months by ARCOM. Having seen the progress to date, he noted that the scale of the project looks good, and he praised ARCOM for having done a good job with regard to this project. XI. ADJOURNMENT: (11:29:31 a.m.) MOTION BY MRS. VANNECK TO ADJOURN THE MEETING AT 11:36 A.M. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. The next meeting of the Architectural Commission will be held on Wednesday, August 24, 2011 at 9:00 a.m. in the Town Council Chambers, 2nd floor, Town Hall, 360 South County Road, Palm Beach, Florida. Respectfully submitted, Jeffery W. Smith, Chairman ARCHITECTURAL COMMISSION cmd 11 54 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Resolutions Agenda Title RESOLUTION NO. 86-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Academy Design & Technical Services, Inc., for Temporary Technical Skilled Labor. Presenter H. Paul Brazil, Director of Public Works Supporting Documents • Memorandum dated July 22, 2011, from H. Paul Brazil, Director of Public Works. • Resolution No. 86-11 • Bid Tab 55 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, Director of Public Works Re: Request for Temporary Technical Skilled Labor- Bid 2011-25 Resolution No.86-11 Date: July 22, 2011 STAFF RECOMMENDATION Staff recommends that Town Council approve Resolution No. 86-11 approving a contract with Academy Design & Technical Services, Inc. (ADT) for temporary technically-skilled labor. GENERAL INFORMATION The Public Works Department currently has two technically-skilled positions that are vacant. One is a mechanic in the Vehicle Maintenance Bureau and the other is a mechanic in the Water Resources Division. Based on past experience, it has been very difficult to recruit for either temporary or permanent personnel with the requisite skills and talents. A bid was issued to solicit vendors that are capable of recruiting and providing temporary employees of this type. The vendor will provide candidates after reviewing applicants from their job databases and from advertisements. Suitable candidates will be referred to the Town for interviews and final selection. Candidates will be screened in advance with drug testing and background checks prior to their employment with the Town. If the Town finds the temporary employee to be unsatisfactory, they can be replaced with another suitable candidate. If the vendor is unable to provide suitable candidates, or fail to be responsive or timely, then the Town reserves the right to terminate that vendor's contract and award a contract to the next lower bidder(s). Another benefit of using a vendor for these temporary technically-skilled positions is that they typically also provide the option of having the Town hire those temporary employees as permanent positions subject to the terms and conditions in the contract. In the meantime, we are able to carry just the amount of staffing we need, without incurring the cost of employee benefits for the temporary staff provided through ADT. FUNDING/FISCAL IMPACT Sufficient funds exist within the Public Works Department budget, with salaries of vacant positions providing an offset for cost of the temporary contract employees. 56 PURCHASING REVIEW This procurement has been reviewed and approved by the Purchasing Division of the Finance Department. Bid No. 2011-25 - Technical Skills Temporary Labor Services was issued and four (4) bids were received. Award is hereby recommended to Academy Design & Technical Services, Inc. as the lowest responsive responsible bidder. TOWN ATTORNEY REVIEW The proposed resolution has been reviewed by the Town Attorney and approved for legal form and sufficiency. Attachments cc: Eric Brown, Assistant Director of Public Works/Operations Douglas Terry, Water Resources Division Manager Larry Iverson, Services Division Manager Lynda Venne, Purchasing Agent 57 RESOLUTION NO. 86-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO ACADEMY DESIGN&TECHNICAL SERVICES, INC., FOR TEMPORARY TECHNICAL SKILLED LABOR. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The contract for temporary technical skilled labor services is hereby awarded to Academy Design and Technical Services Inc. Part-time Mechanic I services shall be provided at the rate of$11.61 per hour and Mechanic II(Water Resources) services shall be provided at the rate of$13.22 per hour. Section 2. The Town Manager is hereby authorized and directed to execute a contract with Academy Design and Technical Services Inc. Section 3. The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the implementation of this contract. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 9th day of August 2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid,Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member 58 BID TABULATION TECHNICAL SKILLS TEMPORARY SERVICES -BID NO.2011-25 Vendor: A&Associates, Inc. Academy Design&Technical Services, Inc. Moten Tate, Inc. T.J. Reliable Handyman, Inc. Address: 8144 Okeechobee Blvd.Ste B 1303 N.State Rd.7 390 N.Orange Ave. P.O.Box 1566 West Palm Beach, FL 33411 Margate, FL 33063 Orlando, FL 32801 Riverview, FL 33568 Telephone: 561-533-5303 954-973-7600 407-843-3277 727-248-0825 Fax: 561-533-3858 954-973-4890 407-843-3814 813-200-2020 Contact: Evelyn Looney Thomas Sholer Kenneth Moten Robert Lee Sanders Base Base Base Base Mark up Mark up Mark up Mark up Item Description Hourly ° Total Hourly ° Total Hourly ° Total Hourly ° Total Rate �0� Rate Rate Rate 1 Part Time Mechanic 1 $ 18.00 20% $ 21.60 $ 9.00 29% $11.61 $ 18.00 50% $27.00 $ 16.50 50% $24.75 2 Mechanic 11(Water Resources) $ 20.00 20% $ 24.00 $ 10.25 29% $13.22 $ 29.00 50% $43.50 $ 23.50 40% $32.90 Bid opening on June 29,2011 @ 2:00 PM Opened by:Adis Pedraza Witnessed by:loom Cmar Page 1 Bid No.2011-25-Technical Skills Temporary Services-Bid Tabulation TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Resolutions Agenda Title RESOLUTION NO. 89-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the General Fund - Fund Balance Policy; Providing an Effective Date. Presenter Jane Struder, Director of Finance Supporting Documents • Memorandum Dated July 27, 2011, from Jane Struder, Finance Director • Resolution No. 89-11 • Exhibit A 60 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Jane Struder, Finance Director Re: Resolution No.89-11 Modification of Financial Policy- General Fund - Fund Balance Date: July 27, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council approve Resolution No. 89-11 modifying the General Fund- Fund Balance policy. GENERAL INFORMATION The Town has adopted 18 financial policies. The establishment of specific reserve policies is an important part of prudent financial management and the practice is strongly recommended by the Government Finance Officers Association (GFOA) and the National Advisory Committee on State and Local Budgeting (NACSLB). Reserve policies reduce ambiguity and guide the creation, maintenance, and use of resources for financial stabilization purposes. Rating agencies recommend the adoption of such policies and their ratings reflect the presence of strong financial management and financial policies. We have received our AAA ratings in part because of our financial management and financial policies. Staff is proposing a modification of the General Fund - Fund Balance Policy. The Governmental Accounting Standards Board(GASB)issued Statement 54, Fund Balance Reporting and Governmental Fund Type Definitions. This Statement requires a hierarchy of fund balance classifications be created based primarily on the extent to which governments are bound by constraints on resources reported in the fund. GASB Statement 54 establishes the following classifications of fund balance: • Non-spendable Fund Balance • Restricted Fund Balance • Committed Fund Balance • Assigned Fund Balance • Unassigned Fund Balance The minimum level of Unassigned Fund Balance, formally known as Undesignated Fund Balance, will remain at 25% of General Fund operating expenditures in this policy. 61 The policy creates guidelines for the budgeting and appropriation of unrestricted fund balance, the spending order of fund balances, and the steps that will be taken if the unassigned fund balance drops below 25% of General Fund operating expenditures. The policy has been reviewed and approved by the Town's auditors, Nowlen, Holt and Miner, P.A. TOWN ATTORNEY REVIEW The Town Attorney has reviewed and approved Resolution No. 89-11 for legal form and sufficiency. Attachments cc: Department Directors Thomas G. Bradford, Deputy Town Manager 2 62 RESOLUTION NO. 89-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE GENERAL FUND - FUND BALANCE POLICY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town desires to establish a Fund Balance Policy consistent with the requirements of Governmental Accounting and Financial Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions; and WHEREAS, it is important to adopt financial policies to guide the creation, maintenance and use of resources for financial stabilization purposes and maintain current credit ratings; and WHEREAS, it is necessary to establish classifications of fund balances for the General Fund; and WHEREAS, it is important to establish a minimum level of unassigned fund balance; and WHEREAS, it is necessary to establish a method of budgeting unrestricted fund balances and the spending order of fund balances; and WHEREAS, it is now necessary to formally adopt the policy in order to memorialize the same. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby ratified and confirmed. Section 2. The attached financial policy pertaining to the Fund Balance — General Fund marked as Exhibit "A"; incorporated by reference as part of this Resolution is hereby adopted and the Town Manager and Finance Director of the Town are directed to do all things necessary to effectuate the financial policy and to report to the Town Council, or appropriate committee thereof, as may be needed relative to matters pertaining to the same, in order to preserve and enhance the financial interests of the Town of Palm Beach. Resolution No.89-11 l 63 Section 3. The effective date of the attached financial policy shall be applied beginning with the preparation of the Town's September 30, 2011 Comprehensive Annual Financial Report and adoption of the Town's Fiscal Year 2011-2012 Budget. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 9th day of August 2011. Gail Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Town Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member Resolution No.89-11 2 64 ��j OF PAi;ncyt, 9 ,k a' Financial Policies Exhibit Town of Palm Beach, Florida Subject Policy: General Fund - Fund Balance Approved: Purpose: The Town hereby establishes and will maintain Fund Balance, as defined herein, in accordance with Governmental Accounting and Financial Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. Fund Balance shall be composed of non-spendable, restricted, committed, assigned and unassigned amounts. A Fund Balance Policy is adopted to establish a level of funding that protects against unanticipated events that would adversely affect the financial condition of the Town and jeopardize the continuation of necessary public services. The policy also is established to secure and maintain investment-grade credit ratings, meet seasonal shortfalls in cash flow, and guard against revenue shortfalls. Fund balance information is used to identify the available resources for tax stabilization or enhance the financial position of the Town, in accordance with policies established by the Town Council. This Fund Balance Policy establishes: a) Fund balance policy for the general fund; b) Reservations of fund balance for the general fund; c) The method of budgeting the amount of estimated unrestricted fund balance available for appropriation during the annual budget adoption process (prior to the actual, audited fund balance being known); and d) Establish a spending order of fund balances. Fund Balance Policy: 1. Restricted Fund Balance - There is no restricted fund balance in the General Fund. Amounts that can be spent only for specific purposes stipulated by (a) external resource providers such as creditors (by debt covenants), grantors, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislation will be budgeted and reported in special revenue funds, capital project funds or debt service funds. 65 ��j OF PAi;ncyt, 9 ,k a' Financial Policies Exhibit 2. Committed Fund Balance - Commitment of fund balance may be made for such purposes including, but not limited to, a) major maintenance and repair projects; b) meeting future obligations resulting from a natural disaster; c) accumulating resources pursuant to stabilization arrangements; d) establishing reserves for disasters; and/or e) for setting aside amounts for specific projects or purposes. Commitment of fund balance may be made from time-to-time by ordinance or resolution of the Town Council. Commitments may be changed or lifted only by the Town Council taking the same formal action that imposed the constraint originally (ordinance or resolution). The use of committed fund balances will be considered in conjunction with the annual budget adoption process or by budget amendment approved by Ordinance of the Town Council during the fiscal year. 3. Assigned Fund Balance - Assignment of fund balance may be a) made for a specific purpose that is narrower than the general purposes of the government itself; and/or b) used to reflect the appropriation of a portion of existing unassigned fund balance to eliminate a projected deficit in the subsequent year's budget in an amount no greater than the projected excess of expected expenditures over expected revenues. Assigned fund balance shall reflect management's intended use of resources as set forth in the annual budget (and any amendments thereto). Assigned fund balance may or may not be appropriated for expenditure in the subsequent year depending on the timing of the project/reserve for which it was assigned. 4. Non-Spendable Fund Balance - Non-spendable fund balance is established to report items that are not expected to be converted to cash such as inventory and prepaid items; items not currently in cash form such as the long-term amount of loans and notes receivable; and, items legally or contractually required to be maintained intact. 5. Minimum Level of Unassigned Fund Balance - Unassigned fund balance is the residual classification for the general fund and represents fund balance that has not been restricted, committed or assigned to specific purposes within the general fund. The Town will maintain a minimum level of 25% of general fund operating expenditures. If after the annual audit, prior committed or assigned fund balance causes the unassigned fund balance to fall below 25% of general fund operating expenditures, the Town Manager will so advise the Town Council in order for 66 ��j OF PAi;ncyt, 9 ,k a' Financial Policies Exhibit necessary action to be taken to restore the unassigned fund balance to 25% of General Fund operating expenditures. The Town Manager will prepare and submit a plan to the Town Council, that may include expenditure reductions, revenue increases, use of non-recurring revenues, budget surpluses and excess resources in other funds to restore fund balance to the minimum level. The Town shall take action necessary to restore the unassigned fund balance to acceptable levels within two years. Reservations of Fund Balance (General Fund) Committed Fund Balance The Town Council hereby established the following committed fund balances in the General Fund: a) East Central Regional Wastewater Treatment Facility Debt Service - A reserve equal to the Town's portion of the future debt service on the 1993 loan for the improvements to the East Central Regional Wastewater Treatment Facility. The reserve will be adjusted annually to reflect the outstanding debt service. b) Compensated Absence Reserve - To fund the value of accrued compensated absences. The reserve includes accrued vacation, sick time and compensatory time and related payroll tax liability. The reserve will be adjusted annual during the year-end process and will be funded at a rate of 100% of the fiscal year end accrued balance. The Town Council will annually give consideration to appropriate funds from this reserve based upon estimated pay-outs of eligible accrued vacation, sick and compensatory time and the related payroll tax liability. Assigned Fund Balance The Town Council hereby establishes the following assignment of fund balance in the General Fund: a) Assignment to Subsequent Year's Budget - The subsequent year's budget fund balance is assigned by the Town management as set forth in the annual budget (and any amendments thereto) to appropriate a portion of existing unassigned fund balance to eliminate projected deficit in the subsequent year's budget in an amount no greater than the projected excess of expected expenditures over expected revenues. 67 ��j OF PAi;ncyt, 9 ,k a' Financial Policies Exhibit Budgeting 1. Appropriation of Unrestricted Fund Balance - The actual amount of unrestricted fund balance (total of committed fund balance assigned fund balance and unassigned fund balance) is not known until the completion of the annual audit which takes place within six months after the end of the fiscal year being audited. However, an estimate of unrestricted fund balance (also called estimated beginning fund balance) will be made and reported during the annual budget adoption process (June through September) which is prior to the end of the fiscal year, September 30th. 2. Estimated Beginning Fund Balance - In order to achieve the most accurate estimate possible, the Finance Department shall project both Sources of Funds (revenues, prior years unrestricted fund balances carried forward and other financing sources) and Uses of Funds (operating and non-operating expenditures), including accruals, for each governmental fund through September 30th of the current fiscal year. These projections will be shown for each fund in the proposed and final budget documents. The difference between the estimated actual sources of funds and estimated actual uses of funds is the calculated estimated beginning fund balance for the subsequent fiscal year. If planned for use in the subsequent fiscal year, committed and assigned fund balance may be included in the estimated beginning fund balance. 3. Estimated Ending Fund Balance - For the year being budgeted, a calculation of estimated ending fund balance shall be made. This calculation shall be the difference between the budgeted sources of funds and the budgeted uses of funds as described above. If after the annual audit, the actual general fund unassigned fund balance is greater than 25% of operating expenditures in the general fund, the excess may be used in one or a combination of the following ways: a) Left in the general fund to earn interest and roll forward into the subsequent year's beginning fund balance; b) Appropriated by the Town Council for a one-time expenditure or opportunity that does not increase recurring operating costs; or c) Temporary revenue shortfalls or unpredicted one-time expenditures due to a severe economic downturn or other major event(s) affecting the General Fund. 68 ��j OF PAi;ncyt, 9 ,k a' Financial Policies Exhibit Spending Order of Fund Balances: The Town will use excess unassigned fund balance first before spending any of the unassigned fund balance below 25%. Annual Review and Determination of Fund Balance Policy: Compliance with the provisions of this policy shall be reviewed as a part of the annual budget adoption process, and the estimated amounts of restricted, committed assigned, non-spendable and minimum level of unassigned fund balance shall be determined during this process. The Town Manager will report the preliminary status of fund balance in the annual budget. Responsibility: It will be the responsibility of the Town Manager and the Finance Director to implement this policy. Effective Date: This policy shall take effect immediately upon adoption and will be applied beginning with the preparation of the Town's September 30, 2011 Comprehensive Annual Financial Report and adoption of the Town's Fiscal Year 2011-2012 Budget. 69 ��j OF PAi;ncyt, 9 ,k a' Financial Policies Exhibit DEFINITIONS Fund Balance - As defined by the Governmental Accounting, Auditing and Financial Reporting of the Government Finance Officers Association, fund balance is "The difference between assets and liabilities reported in a governmental fund." Non-Spendable Fund Balance - Amounts that are (a) not in a spendable form or (b) legally or contractually required to be maintained intact. "Not in spendable form" includes items that are not expected to be converted to cash (such as inventories and prepaid amounts) and items such as long-term amount of loans and notes receivable, as well as property acquired for resale. The principal of a permanent fund is an example of an amount that is legally or contractually required to be maintained intact. Restricted Fund Balance - Amounts that can be spent only for specific purposes stipulated by (a) external resource providers such as creditors (by debt covenants), grantors, contributors, or laws or regulations or other governments; or (b) imposed by law through constitutional provisions or enabling legislation. Committed Fund Balance - Amounts that can be used only for the specific purposes determined by a formal action (ordinance or resolution) of the Town Council. Commitments may be changed of lifted only by the Town Council taking the same formal action (ordinance or resolution) that imposed the constraint originally. Resources accumulated pursuant to stabilization arrangements sometimes are reported in this category. Assigned Fund Balance - Includes spendable fund balance amounts established by management of the Town that are intended to be used for specific purposes that are neither considered restricted or committed. Unassigned Fund Balance - Unassigned fund balance is the residual classification for the general fund and represents fund balance that has not been assigned to other funds and that has not been restricted, committed or assigned to specific purposes within the general fund. Unassigned fund balance may also include negative balances for any governmental fund if expenditures exceed amounts restricted, committed, or assigned for those specific purposes. Unrestricted Fund Balance - The total of committed fund balance, assigned fund balance and unassigned fund balance. Reservations of Fund Balance - Reserves established by the Town Council or by Town Management. 70 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Resolutions Agenda Title RESOLUTION NO. 90-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Town Manager to Execute a Right of Entry Agreement Between the Town of Palm Beach and the City of West Palm Beach. Presenter H. Paul Brazil, Director of Public Works Supporting Documents • Memorandum dated July 22, 2011, from H. Paul Brazil, Director of Public Works. • Resolution No. 90-11 • Right of Entry Agreement 71 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, P.E., Director of Public Works Re: Right of Entry Agreement Resolution No.90-11 Date: July 22,2011 STAFF RECOMMENDATION Town staff recommends that Town Council authorize the Town Manager to execute a Right of Entry Agreement (Agreement) with the City of West Palm Beach to install monitoring devices and conduct monitoring activities on Town property at the Public Works Facility. GENERAL INFORMATION The City of West Palm Beach (City) wishes to create an Aquifer Storage and Recovery (ASR) Well at their water treatment plant at 1009 Banyan Boulevard. The Town of Palm Beach(Town) owns a Floridan Aquifer well located on Town of Palm Beach property at the Public Works Facility at 951 Old Okeechobee Road, West Palm Beach, FL, 33401. The Palm Beach County Health Department has required that the City monitor the Floridan Aquifer during testing of the City's ASR Well and the Town's site is the closest existing Floridan well. The City has requested a Right of Entry Agreement be executed between the City and the Town to allow installation of equipment and monitoring of same at the Public Works Facility location. The proposed agreement will have an initial five (5) year term with five 5-year extensions. The Town previously approved a Right of Entry Agreement with the South Florida Water Management District for this same well by Resolution No. 59-02. The Town's Risk Manager has reviewed and approved the City's Certificate of Insurance. FUNDING/FISCAL IMPACT There is no fiscal impact to the Town associated with this item. TOWN ATTORNEY REVIEW The resolution and agreement have been reviewed by the Town Attorney and approved for legal form and sufficiency. Attachments cc: Eric Brown, P.E., Assistant Director of Public Works James Bowser, P.E., Town Engineer Larry Iverson, Services Division Manager 72 RESOLUTION NO. 90-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE TOWN MANAGER TO EXECUTE A RIGHT OF ENTRY AGREEMENT BETWEEN THE TOWN OF PALM BEACH AND THE CITY OF WEST PALM BEACH. WHEREAS, the City of West Palm Beach(City) wishes to create an Aquifer Storage and Recovery Well; and WHEREAS, a Floridan Aquifer well is located on Town of Palm Beach property located at 951 Old Okeechobee Road, West Palm Beach; and WHEREAS, the City of West Palm Beach has requested a Right of Entry Agreement be executed between the City and the Town of Palm Beach to allow installation of equipment and monitoring of same at the location described above; and WHEREAS,the Palm Beach County Health Department has required that the City monitor the Floridan Aquifer during testing of the City's ASR Well and this is the closest well to allow monitoring. NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Town Manager is hereby authorized to execute the Right-of-Entry Agreement between the Town of Palm Beach and the City of West Palm Beach subject to the Town obtaining a satisfactory insurance certificate and to be provided by the City of West Palm Beach. 73 Section 2. The Right of Entry Agreement is attached to this resolution as Exhibit"A". PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 9th day of August 2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member Res.No.90-11 Page 2 74 Matter No: 10823 RIGHT OF ENTRY AGREEMENT FLORIDAN AQUIFER MONITORING WELL ACCESS AGREEMENT The Town of Palm Beach, a Florida municipality in the County of Palm Beach, ("Property Owner"), whose mailing address is 360 South County Road, Palm Beach, Florida, 33480, and the City of West Palm Beach ("City"), a Florida municipality, whose Water Treatment Plant address is 1009 Banyan Boulevard, hereby agree that City, its agents, contractors, employees and assigns, are hereby granted the right to enter upon that certain real property (the "Property") owned by Property Owner, located off of Charlotte Avenue behind the Town of Palm Beach offices at 951 Old Okeechobee Road, West Palm Beach, in Palm Beach County, Florida, legally described in Attachment A attached hereto and incorporated by reference, for the purposes described below. The location(s) of the equipment to be installed on the Property shall be mutually agreed upon by the parties hereto prior to the City exercising any of its rights under this Right of Entry Agreement. The Property Owner's Floridan aquifer monitoring well (the "well") is located on the Town of Palm Beach lot on Charlotte Avenue in West Palm Beach (see Attachment 8). Project Description I. Purpose: The City desires to enter into this Agreement to obtain water quality samples from the well to satisfy its permit requirements with the Florida Department of Environmental Protection for approved cycle testing of the City's Aquifer Storage and Recovery ("ASR") well. The purpose of the City's ASR well is to enhance the reliability of the City's potable water supply system of which the Town of Palm Beach is a customer. The City's ASR well is located at the City's Water Treatment Plant. This monitoring effort is intended as a long-term initiative. II. Activities: The City's activities on the Property will focus exclusively on obtaining water quality samples. All monitoring will be passive in nature and will be conducted in a manner so as to minimize disruption to normal facility operations. The major activities proposed at the Property consist of: (a) purge equipment installation at the well, and (b) sample collection at the well. It is agreed that the City shall incur all costs associated with installation, including, without limitation, equipment installation and any associated minor permit modification fees, and collection activities as described herein. The City shall also be responsible for the maintenance and operation of any and all equipment installed on the Property pursuant to this Right of Entry Agreement. a. Equipment Installation. The City desires to purge the well before obtaining the water quality samples. To facilitate the purging of the well, the City will procure and install a steel flange on the existing butterfly valve. A camlock quick connect and 4-inch hose will discharge purge water to the adjacent manhole which is part of the Property Owner's onsite stormwater system (see Attachment C). 75 b. Sample Collection. On a monthly basis, City staff, or an approved contractor or agent, will collect a groundwater sample from the well for analysis and reporting. Water quality samples from the well will be physically collected on-site and transported to the City's approved laboratory. To ensure a representative water quality sample from the well, it will be necessary to purge the well before obtaining the water quality sample. As a result, and to minimize any inconvenience, the City will notify the Town of Palm Beach Public Works Director or designee before sampling to assure proper facility protocols are met. Separate site visits may be scheduled to maintain, repair, retest, or upgrade the equipment as deemed necessary. Access to the Property will be coordinated in advance with the Town of Palm Beach Public Works Director or designee. The Property Owner and the City agree as follows: 1. The Property Owner hereby acknowledges that(i) any equipment placed on the Property by the City shall remain the property of the City, and (ii) all such equipment shall be removed from the Property before the termination of this Right of Entry Agreement. Termination shall occur upon either party giving notice of intent to terminate by providing notice in writing sixty (60) days prior to the date upon which either party wishes to terminate this Agreement. Termination may be with or without cause. 2. The City agrees that upon completion of the activities proposed in this Right of Entry Agreement, any portion of the Property which is damaged as a result of activities conducted by the City pursuant to this Right of Entry Agreement, will be returned to substantially the same condition that it was in on the date hereof. 3. Subject to the limitations of Section 768.28, Florida Statutes, the Constitution of the State of Florida and any and all other applicable Florida law, the City agrees to indemnify, save, defend and hold the Property Owner and its officers, employees, agents, and representatives, free and harmless from and against any and all losses, damages, settlements, costs, charges or other expenses or liabilities of every kind and character arising out of or relating to any and all claims for bodily injury, including death, in connection with or arising directly or indirectly out of the activities performed by the City pursuant to this Right of Entry Agreement. 4. The Property Owner shall allow all authorized representatives of the City, their vehicles and equipment, access to the Property on reasonable notice in order to implement and carry out the activities described herein. 5. This Right of Entry Agreement does not convey any property rights or equipment to the City nor any rights and privileges, other than those specified herein. 6. This Right of Entry Agreement may be modified only upon the mutual consent of both parties, submitted in writing. 7. Prior to any sale, transfer or conveyance of the Property, the City requests prior written notification so that alternative agreements or arrangements may be made, if necessary. 8. The original term of this Right of Entry Agreement shall run five (5) years from the date hereof. Provided this Right of Entry Agreement has not otherwise been terminated by either party, the 76 term of this Right of Entry Agreement shall automatically be extended for up to five (5) successive renewal terms of five (5) years each. All terms, conditions, covenants and provisions of this Right of Entry agreement shall apply during all renewal terms, if any. 9. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall run with the land and shall be binding upon Property Owner, all parties entitled to use or possession of the Easement Area by or through Property Owner, including lessees, and the successors and assigns of each of the aforementioned parties unless or until this Agreement is terminated as hereinabove provided. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. Witness our hands and seals this day of , 2011 TOWN OF PALM BEACH, a Florida Municipal Corporation By: Print Name: Peter B. Elwell Title: Town Manager CITY OF WEST PALM BEACH, a Florida Municipal Corporation By: Print Name: Geraldine Muoio Title: Mayor Attest: By: City Clerk Office of the City Attorney Approved as to form and legal sufficiency By: 77 ATTACHMENT A 78 ATTACHMENT A PROPERTY LOCATION: LOT 37, LESS THE SOUTH 7.9 FEET; LOT 20, LESS THE SOUTH 7.9 FEET;ALL LOTS 18, 19, 38 AND 39; LOT 40, LESS THE NORTH 0.6 FEET; LOT 17, LESS THE NORTH 0.6 FEET OF THE WEST 24.5 FEET AND LESS THE NORTH 13.8 FEET OF THE EAST 100.5 FEET,ALL IN JEFFERSON BLOCK OF SADLER'S BONNYVIEW ADDITION TO THE CITY OF WEST PALM BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 78 AND 79 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 79 ATTACHMENT B 80 ATTACHMENT B Id R3 4 r G f ` i 4 . a � �� OKEECHOBEE RC �I o-� s / !�^ .�� �: _ {i`f� ��'?F� �I - F - t: .i-[ x::.n:r ���,fL ,5 �w y�• tV +r�i -- K i 4 1141 wril eg . 5 OWN OF PALM BEACH PUBLIC A WORKS �'"-!� '` �A•C�,A � �' ' �,. � ,. _ � - iii r LH TA 1 - e'� 1. F x ` + £R J�1 3 f 7r r• '� Iril: r 7 1. �A WELL LOCATION MAP 81 ATTACHMENT C 82 ATTACHMENT C fAll 4 1 5r13 }Fx � a y ��M0, "�,� �r rry,.,lr' § ;fi ,� :,; 1 "� ? s 5�i s y a t�5,u� c t^Gi yyE•.�ar�s�k� :�'�sC,;x � a C J t r.F's +r' r� 3. -xi9'" ✓K"a�a�C �;Cr`� �` s rl yr�� a ���,=1d �3f�,� i) ,i s i f 1,�.? ' ;,. 1 y l,r BY �`-� a.r p ��`�� �`��„'�-;C`f r� ��` ,e�,�� >�^^'� ,rn'✓�� r5 �r"�Iy_ t-?L Lt aLf`'°''r ,+agv;,�yl'�?�'�t'�y �, � �' k k'`k`�" �`'*�� �1'°�h� }j�a�?„� f�t'r �" ✓' �` t s '� r` .�,:;�°�-4�tr/�F C v`y, ,+,-,+�� P ,..�,��' ,. �t xf't F� � f E' rl f r n £X 1 yF x�,�, �";.✓ ��k §6d''trT'��ir'��r S� �' ,wk, � i. �� .,;- �,�, -y �• �d ��,r-��' k�'�ta '�� ���t'`�tt i a„,�✓�v a fi`''r'.' `;,� r �,�' x �. w N9.i4 f, 1 Y, r a'Y • t i s x�y �L rs F W k{ p L t j 5 „4 Y r i� 1 � Y• e � EXISTING WELLHEAD AND ONSITE STORM MANHOLE 83 ATTACHMENT 5 f ! l A m e- - Drill 4,1 -r--P q " NPR tt Lf , t vi e- 6, be �a PROPOSED PURGE EQUIPMENT INSTALLATION 84 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Resolutions Agenda Title RESOLUTION NO. 91-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Purchase of Automatic Transport Ventilators From Mercury Medical Per Bid No. 2011-26. Presenter Kirk Blouin, Director of Public Safety Supporting Documents • Memorandum dated July 12, 2011, from Kirk Blouin, Director of Public Safety • Resolution No. 91-11 • Bid No. 2011-26 Tabulation Results 85 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Kirk Blouin, Director of Public Safety Re: Purchase of Automatic Transport Ventilators Bid No#2011-26 Resolution No. 91-11 Date: July 12, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council approve Bid No#2011-26 for the purchase of automatic transport ventilators, for Fire-Rescue. Staff recommends the contract be awarded to the lowest responsive and responsible bidder, Mercury Medical, in the amount of$29,983.12 for the items contained within. GENERAL INFORMATION The AutoVent 4000 is an emergency transport ventilation device. It automatically breathes for a patient who is in respiratory failure. It is oxygen powered. This device is replacing the current AutoVent 3000 which has reached its useful life expectancy. The new model also incorporates CPAP (Continuous Positive Airway Pressure) therapy thereby combining two pieces of equipment into one. The current CPAP devices will not be replaced. FUNDING/FISCAL IMPACT Bid#2011-26 Tabulation results are attached. The funds for this contract are included within Fire-Rescue's annual budget. PURCHASING REVIEW This procurement has been reviewed and approved by the Purchasing Division of the Finance Department and award is hereby recommended to Mercury Medical as the lowest responsive and responsible bidder. TOWN ATTORNEY REVIEW Resolution No. 91-11 has been reviewed by the Town Attorney and approved as to form and legal sufficiency. KB/bf cc: Jane Struder, Finance Director Lynda Venne, Purchasing Agent 86 RESOLUTION NO. 91-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE PURCHASE OF AUTOMATIC TRANSPORT VENTILATORS FROM MERCURY MEDICAL PER BID NO. 2011-26. WHEREAS,Staff recommends that the Town Council approve Bid No#2011-26 for the purchase of automatic transport ventilators,for Fire-Rescue,from Mercury Medical in the amount of$29,983.12. NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: The Town Manager is hereby authorized and directed to execute a order on behalf of the Town of Palm Beach for Automatic Transport Ventilators per sealed bid#2011-26 from Mercury Medical in the amount of$29,983.12. Section 2: The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the purchase of said automatic transport ventilators per bid#2011-26. PASSED AND ADOPTED in regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 9th day of August, 2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member Resolution No.91-11 Page 1 of 1 87 BID TABULATION AUTOMATIC TRANSPORT VENTILATORS-BID NO. 2011-26 Midwest Medical Supply Vendor: Bound Tree Medical, LLC Henry Schein Inc. Mercury Medical Co., LLC Address: 5000 Turtle Crossing Blvd. PO Box 3227 11300 49th Street North 13400 Lakefront Drive Dublin,OH 43016 Irmo,SC 29063 Clearwater,FL 33762 Earth City,MO 63045 Telephone: 800-533-0523 800-845-3550 800-835-6633 888-540-3232 Fax: 800-257-5713 800-533-4793 800-990-6375 800-545-0065 Contact: Heather Legg Jesse A.Garringer George Howe JoAnn Rudd Item Description Qty Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Mfgr P/N L761 CPAP-Allied AutoVent 1 4000 with Air Mix Mode 8 EA $ 4,080.68 $32,645.44 $ 3,934.00 $31,472.00 $ 3,705.39 $ 29,643.12 $ 4,260.52 $ 34,084.16 and CPAP 2 Mfgr 00 CPA P(6/box)P/N U-Allied Ventilator Circuit 4 BOX $ 106.69 $ 426.76 $ 81.44 $ 325.76 $ 85.00 $ 34b.00 $ 105.34 $ 421.36 CPA TOTAL $33,072.20 $ 31,797.76 $ 29,983.12 $ 34,505.52 Bid opening on June 29,2011 @ 2:00 PM Opened by:Adis cPedraza Witnessed by:lo(rn Cmar TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Resolutions Agenda Title RESOLUTION NO. 92-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding Agreements Between the Town of Palm Beach and Ashbritt, Inc., Omni Pinnacle LLC, and D&J Enterprises, Inc., for Disaster Debris Removal and Disposal Services, and Authorizing the Town Manager to Execute the Same on Behalf of the Town. Presenter H. Paul Brazil, Director of Public Works Supporting Documents • Memorandum dated July 25, 2011, from H. Paul Brazil, Director of Public Works. • Resolution No. 92-11 • RFP 2011-13 Ranking Sheets 89 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, Director of Public Works Re: Ratification of Selection Committee Recommendations for Debris Removal Contractors Award Agreements for Disaster Debris Removal and Disposal Services Resolution No.92-11 Date: July 25, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council approve awarding agreements for debris removal and disposal services to Ashbritt,Inc.,Omni Pinnacle LLC,and D&J Enterprises per RFP 2011-13,and authorize the Town Manager to execute these agreements when approved by the Town Attorney. GENERAL INFORMATION Based on the expiration of the previous disaster debris removal contracts, Town staff advertised Request for Proposal 2011-13. In response, the Town received 14 proposals from prospective contractors. Evaluation criteria included consideration of the contractors' qualifications, technical capability,financial resources,line-item costs,and other factors relevant to their performance. The Selection Committee consisted of Director of Public Works Paul Brazil,Director of Recreation and Special Projects Jay Boodheshwar, Assistant Director of Public Works Eric Brown, Assistant Director of Finance Cheryl Somers, Services Division Manager Larry Iverson, and Assistant Purchasing Agent Adis Pedraza in an advisory role. The prospective contractors were short-listed to 6 companies to be brought in for oral presentations. On June 17, 2011, oral presentations were held with the top 6 Debris Removal contractors. The Selection Committee again ranked the contractors in numerical order in each of the categories, resulting in a final overall score. Upon ranking these contractors, the selection committee also decided to request additional information from them regarding any litigation, claims, payment disputes,etc. Those supplemental questionnaires were considered by the selection committee along with the reference checks. Dun&Bradstreet reports were obtained for the contractors as well,with no adverse information. Based on the supplemental information, the ranking of the top three contractors was affirmed. Entering into a debris management and removal services agreement with any of these contractors does not obligate the Town to authorize any work with the contractor, since the agreement is based on "standby" requirements to be used if needed. The proposed initial term of the agreements will be for one year, renewable annually with the option to renew for up to four(4) additional twelve (12)month periods unless cancelled in writing by either party per the contract terms and conditions. In a disaster event the contracts would typically be utilized in the numerical order of selection, subject to availability, workload, severity of damage, and other unique factors that might arise for each disaster event. 90 FUNDING/FISCAL IMPACT Fiscal impact is unknown at this time. If the services are not required during the year,no monies will be expended. If the Town is impacted by a tropical storm or hurricane, debris management and removal expenditures would be addressed in a future budget amendment. PURCHASING REVIEW This Council Item has been reviewed and approved by the Purchasing Division for award to Ashbritt, Inc., Omni Pinnacle LLC, and D&J Enterprises per RFP No. 2011-13 as recommended by the Selection Committee. TOWN ATTORNEY REVIEW The resolution has been reviewed and approved for legal form and sufficiency. Town Council authorization for the Town Manager to execute these contracts is recommended contingent upon review and approval by the Town Attorney for legal form and sufficiency of the proposed contracts. Attachments cc: Selection Committee Members Jane Struder, Finance Director Lynda Venne, Purchasing Agent 91 RESOLUTION NO.92-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,PALM BEACH COUNTY,FLORIDA,AWARDING AGREEMENTS BETWEEN THE TOWN OF PALM BEACH AND ASHBRITT, INC., OMNI PINNACLE LLC,AND D&J ENTERPRISES, INC. FOR DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES,AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SAME ON BEHALF OF THE TOWN. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. Agreements are hereby awarded to AshBritt,Inc.,Omni Pinnacle LLC,and D&J Enterprises,Inc. per RFP 2011-13. Section 2. The Town Manager is hereby authorized and directed to execute these agreements on behalf of the Town of Palm Beach for Disaster Debris Removal and Disposal Services. Section 3. The Town Manager,or his designee,is hereby authorized and directed to take such further actions as may be necessary to effectuate the implementation of these services. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 9th day of August 2011. Gail L.Coniglio,Mayor David A.Rosow,Town Council President Robert N.Wildrick,Council President Pro Tern William J.Diamond,Town Council Member ATTEST: Richard M. Kleid,Town Council Member Susan A.Owens, Town Clerk Michael J.Pucillo,Town Council Member 92 RFQ NO. 2011-13 DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES -Oral Presentations- SELECTION COMMITTEE RANKINGS Committee Member Boodheshwar Paul Brazil Eric Brown Larry Iverson Cheryl Somers Total tamanting Fkatir>Ig Ring Rating Ruing 12atin 1 AshBritt, Inc. 4.13 4.30 4.25 4.30 4.55 4.31 2 Omni Pinnacle LLC 4.00 3.50 3.75 4.55 4.55 4.07 3 DU Enterprises Inc. 3.70 3.80 4.30 4.50 4.00 4.06 4 TAG Grinding Services, Inc. 3.90 3.50 4.55 1 4.05 3.70 3.94 5 Rio-Bak Corporation 4.25 3.55 3.65 3.55 3.55 3.71 6 CrowderGulf Joint Venture, Inc. 3.30 2.55 3.30 2.95 3.75 3.17 Indicates Short List Firms W TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Resolutions Agenda Title RESOLUTION NO. 93-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Purchase Order to Peninsular Electric Distribution for Eaton Electrical Switchgear in the Amount of$257,276 for the D-15 (D-6 & D-7) Pump Station Project. Presenter H. Paul Brazil, Director of Public Works Supporting Documents • Memorandum dated July 28, 2011, from H. Paul Brazil, Director of Public Works. • Resolution No. 93-11 • Bid No. 2011-28 Bid Tab Sheet 94 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, P.E., Director of Public Works Re: D-15 (D-6 & D-7) Pump Station Improvements Authorization to Purchase Electrical Switchgear Resolution No. 93-11 Date: July 28, 2011 STAFF RECOMMENDATION Town staff recommends that Town Council approve Resolution No. 93-11 for the Town to award Bid 2001-18 to Peninsular Electric Distribution for the purchase of Eaton electrical switchgear for the D-15 (D-6 & D-7) Pump Stations in the amount of$257,276. GENERAL INFORMATION Town staff is recommending pre-purchase of long lead time materials for use on this project as this will save the Town sales tax monies and will also reduce the time for project completion. The Public Works Department has standardized on Eaton Corporation switchgear. At the March 8, 2011 Town Council meeting, Council reaffirmed standardizing the equipment at the D-15 (D-6 & D-7) Pump Station. The Town's Purchasing Manual under Section 6-2, Standardization, authorizes purchase of equipment that has been designated a "standardized" item based upon our past history of performance, their design and maintenance history. The Town has used standardized items on numerous equipment purchases in our storm water pump stations, our sanitary sewer stations and our collection systems. Over the past ten years the Town has renovated 6 storm water pump stations and 4 of them; D-2, D-8, D-9, and D-14, have Eaton's master control center(switch gear) and automatic transfer switches. Purchasing had solicited bids for the above referenced equipment. Two (2) bids were received and Peninsular Electric Distribution was the lowest bidder. FUNDING/FISCAL IMPACTS Sufficient funds were budgeted in 2010 A Bond Series for these purchases. 95 PURCHASING REVIEW Sealed bids were received from two (2) bidders. Award is recommended to the lowest responsive responsible bidder, Peninsular Electric Distribution. TOWN ATTORNEY REVIEW This resolution has been reviewed by the Town Attorney and approved for legal form and sufficiency. Attachments cc. Jane Struder, Director of Finance Michael Roach, P.E., Project Engineer Lynda Venne, Purchasing Agent 96 RESOLUTION NO. 93-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A PURCHASE ORDER TO PENINSULAR ELECTRIC DISTRIBUTION FOR EATON ELECTRICAL SWITCHGEAR IN THE AMOUNT OF $257,276 FOR THE D-15 (D-6 &D-7)PUMP STATION PROJECT. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1: The Town of Palm Beach purchase of an Eaton electrical switchgear is hereby awarded to Peninsular Electric Distribution based upon their bid dated July 20, 2011,in the amount of $257,276. Section 2: The Town Manager,or his designee,is hereby authorized and directed to execute a purchase order on behalf of the Town of Palm Beach for the electrical switchgear for the D-15 (D-6& D-7)Pump Station. Section 3. The Town Manager,or his designee,is hereby authorized and directed to take actions as may be necessary to effectuate the supply of the electrical switchgear for this project. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 9th day of August 2011. Gail L. Conigho, Mayor David A. Rosow, Town Council President Robert N.Wildrick,Council President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member 97 TABULATON OF PROPOSALS Opening:Wednesday July 20,2011 @ 2:00 p.m. Bid NO. 2011-28 Electrical Equipment for D-15(D-6 and D-7)Pump Station Peninsular Electric Distributors World Electric Supply Vendor: Address: 1301 Old Okeechobee Road 6780 White Drive West Palm Beach,FL 33401 West Palm Beach,FL 33449 Telephone: 561-832-1626 561-842-8228 Fax: 561-832-2108 561-842-8252 Contact: Langdon Scott Joseph Price Item Description Qty I Unit Unit Price Total Unit Price F Total 1 Motor Control Center 2 EA $ 71,706.00 $ 143,412.00 $ 74,500.00 $ 149,000.00 2 Service Entrance Automatic Transfer Switch 2 EA $ 44,740.00 $ 89,480.00 $ 44,945.00 $ 89,890.00 3 (Alternate)Motor Control with Integral 2 EA $ 8,810.00 $ 17,620.00 $ 8,860.00 $ 17,720.00 Disconnects 4 30KVA Three-Phase Transformer 2 EA $ 2,071.00 $ 4,142.00 $ 2,080.00 $ 4,160.00 5 Panel L-1 2 EA $ 751.00 $ 1,502.00 $ 754.00 $ 1,508.00 6 Break Glass Push Button Station 2 EA $ 260.00 $ 520.00 $ 260.00 $ 520.00 7 Freight 1 EA $ 600.00 $ 600.00 $ 600.00 $ 600.00 TOTAL $ 257,276.00 $ 263,398.00 Denotes a discrepancy with bid as submitted. Extension error. Unit price prevails Opened By: LyndwVevuAei Witnessed By: j&hvt Cwm w 00 00 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Resolutions Agenda Title RESOLUTION NO. 96-IIA Resolution Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida (The "Town"), Approving The Form And Authorizing The Execution And Delivery Of A Line Of Credit Agreement; Authorizing And Approving The Issuance Of A Note By The Town In Connection With Said Line Of Credit Agreement Relative To The Financing Of Burying Certain Utility Cables Within The Town, Certain Streetscape Improvements And Related Capital Projects; Authorizing The Proper Officials Of The Town To Do All Other Things Deemed Necessary Or Advisable In Connection With The Line Of Credit Agreement And Said Revenue Note; And Providing For An Effective Date. Presenter Thomas G. Bradford, Deputy Town Manager Supporting Documents • Memorandum dated July 29, 2011, from Thomas G. Bradford, Deputy Town Manager • Resolution No. 96-11 • Wells Fargo Committment Letter with Exhibit • Line of Credit Agreement with all Exhibits 99 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Thomas G. Bradford, Deputy Town Manager Re: Proposed Line of Credit to Provide Interim Financing for Underground Utility Conversion Projects, Streetscape and Related Projects Intended to be Ultimately Paid for with Special Non-Ad Valorem Assessments Resolution No. 96-11 Date: July 29, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council approve Resolution No. 96-11which approves a Line of Credit Agreement with Wells Fargo Bank for $2 million to finance the pre-construction and construction costs of underground utility conversion projects, streetscape projects and related projects intended to ultimately be paid for with special non- ad valorem assessments paid by benefitting property owners. GENERAL INFORMATION At the April Town Council meeting the Town Council approved staff's request for a $5 million LOC to provide interim financing for the above referenced project types. We reduced the amount to $2 million to reduce the fees associated with the LOC. The LOC and any rollover LOC's that may follow are essentially structured to be a Bond Anticipation Note (BAN). A BAN is a short-term interest-bearing security issued in anticipation of future bond issues. Knowing that the proceeds of a future bond issue will cover the anticipation note(s), the issuing bodies (Town) use the notes as short-term financing. Think of a BAN as a construction loan you might receive from your bank while you are constructing your home. Once the home's construction is finished and all costs that were drawn against the construction loan are tabulated, this dollar amount is rolled over into a mortgage and the construction loan is paid off at closing. A BAN does the same thing. A BAN is municipal bridge financing. The Town knows that it will either issue permanent financing using special assessment bonds or finance the costs internally if capacity exists and it makes good business sense to do so. Once each project is completed we may seek competitive bids for tax exempt permanent financing for each project, or group of projects, if they are completed at approximately the same time and the same payback periods are desired. The only exception to this will be if 100% of the 100 property owners wish to be assessed 100% of the funds owed by them in one year on their property tax bill or if internal financing is more attractive. Projects being planned at this time potentially funded by this and/or other interim financing are: ➢ Via Fontana Underground Conversion Project ➢ Everglades Island Underground Conversion Project ➢ Lakeview Towers 300 Block Dunbar Road Underground Conversion Project ➢ 400 Block Peruvian Avenue Streetscape Project ➢ 100 Block Peruvian Avenue Streetlight Upgrade Project When this LOC is concluded one year from now or before that if deemed prudent, I would like for the Town Council to consider switching to internal financing of special non-ad valorem projects. Bank fees will disappear, the Town will make money by adding basis points to its opportunity cost for financing these interim project costs and citizens will save money on their assessments. It appears to be a win-win situation that should be given strong consideration. FUNDING/FISCAL IMPACT The direct fiscal impact to the Town is estimated to be equal the amount of project costs charged to the LOC,plus the costs associated with the LOC, not to exceed$2 million. However, these costs will be offset 100% by non-ad valorem assessments to be levied against those properties benefitting from the improvements constructed. TOWN ATTORNEY REVIEW The Town's bond counsel prepared Resolution No. 96-11. The Line of Credit Agreement and Revolving Line of Credit Note were prepared by the bank bond counsel and have been reviewed by Town bond counsel. TGB/ab Attachment cc: John C. Randolph, Town Attorney H. Paul Brazil, Director of Public Works Jane Struder, Director of Finance Richard Miller, Esq., Edwards &Angell Mark David Adams, Esq.,Edwards & Angell N:TGB/Agenda Items/2011/LOC with Wells Fargo for UG and Other Projects Res.No.96-11080611 TCM 101 RESOLUTION NO. 96-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA (THE "TOWN"), APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LINE OF CREDIT AGREEMENT; AUTHORIZING AND APPROVING THE ISSUANCE OF A NOTE BY THE TOWN IN CONNECTION WITH SAID LINE OF CREDIT AGREEMENT RELATIVE TO THE FINANCING OF BURYING CERTAIN UTILITY CABLES WITHIN THE TOWN, CERTAIN STREETSCAPE IMPROVEMENTS AND RELATED CAPITAL PROJECTS; AUTHORIZING THE PROPER OFFICIALS OF THE TOWN TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE LINE OF CREDIT AGREEMENT AND SAID REVENUE NOTE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Palm Beach, Florida (the "Town"), pursuant to the provisions of the Florida Constitution; the Town Charter of the Town as amended and supplemented; Chapter 166, Florida Statutes, as amended and supplemented; and other applicable provisions of law (collectively, "Act") is authorized to borrow money, contract loans and issue bonds, notes or other obligations or evidences of indebtedness of any type or character to finance the undertaking of any capital or other project for purposes permitted under Florida law; and WHEREAS, for public safety and aesthetic reasons the Town has determined it is necessary to bury certain utility cables within the Town, make certain streetscape improvements and provide for related capital projects (collectively, the "Project"); and WHEREAS, Wells Fargo Bank, N.A. (the "Financial Institution") has agreed to provide a revolving line of credit to the Town in an amount of not exceeding $2,000,000 outstanding at any time (with total draws that may not exceed $10,000,000) to be used by the Town to finance a portion of the Project; and WHEREAS, the Financial Institution's commitment to provide a line of credit to the Town is conditioned upon the Town agreeing to secure its obligations under the Note (as defined herein) in the manner and to extent set forth in the Line of Credit Agreement (as defined herein); and WHEREAS, the Town deems it to be in its best interest to enter into a line of credit agreement with the Financial Institution, the form of which is attached hereto as Exhibit A (the "Line of Credit Agreement"), for the purpose of setting forth the terms and provisions by which the Financial Institution will permit the Town to make total drawings of $10,000,000; provided that the amount outstanding under the line of credit may not exceed $2,000,000 at any time; and 102 WHEREAS, the form of the Note, the terms and the rights, security and remedies of the holder of the Note shall be as prescribed in the Line of Credit Agreement. NOW, THEREFORE, BE IT RESOVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, AS FOLLOWS: SECTION 1. Definitions. Any term not otherwise defined in this Resolution shall have the meaning ascribed to such term in the Line of Credit Agreement. SECTION 2. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. Resolution Constitutes Contract. In consideration of the acceptance of the Note authorized to be issued hereunder and under the Line of Credit Agreement by those who shall hold the same from time to time, this Resolution shall be deemed to be and shall constitute a contract between the Town, and such Noteholder and the covenants and agreements herein set forth to be performed by said Town shall be for the equal benefit, protection and security of the respective Noteholders. SECTION 4. The Line of Credit Agreement. The Line of Credit Agreement, in substantially the form submitted to this meeting, be and the same is hereby approved. The Mayor or the Town Council President is hereby authorized and directed to execute, and the Town Clerk, or any Deputy Town Clerk to attest, the Line of Credit Agreement and to deliver the same to the Financial Institution substantially in the form presented to this meeting, but with such changes, insertions and omissions (upon advice of the Town Attorney and Bond Counsel) as shall be approved by the Mayor or Town Council President (such approval to be conclusively evidenced by the execution and delivery thereof), and the Town Clerk, or any Deputy Town Clerk is hereby authorized and directed to affix and attest the seal of the Town thereto. Additionally, the execution and delivery of the Line of Credit Agreement shall be subject to delivery by the Financial Institution of a truth-in-bonding statement and disclosure statement as required by Section 218.385 of the Florida Statutes. SECTION 5. Authorization of the Note. Subject and pursuant to the provisions of this Resolution and the Line of Credit Agreement, an obligation of the Town, to be known as "Town of Palm Beach, Revolving Line of Credit Note" (with such other designation as the Town shall deem appropriate at the time of execution and delivery thereof) (the "Note") is hereby authorized to be issued in aggregate principal amount of not exceeding TWO MILLION DOLLARS ($2,000,000) for the purpose of financing the Project, costs of issuance, capitalized interest and related non-use facility fees. SECTION 6. Designation of Note as Town's "Oualified Tax-Exempt Obligation." The Town does not expect to issue more than $10,000,000 in tax-exempt obligations during the calendar year ending December 31, 2011, and, therefore, the Town hereby Res.No.96-11 Page 2 of 6 103 designates the Note, as the Town's "qualified tax-exempt obligation," as such term is defined in Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended(the "Code"). SECTION 7. Description of the Note. The text of the Note shall be substantially in the form attached as Exhibit A to the Line of Credit Agreement, with such omissions, insertions and variations as may be necessary and desirable. The Note shall be in typewritten form and shall be dated the date of its delivery and bear interest from its date at the rate or rates set forth in the Note. All payments of principal of and interest on the Note shall be payable in any coin or currency of the United States of America which, at the time of payment, is legal tender for the payment of public and private debts and shall be made to the Noteholder thereof by check mailed to the Noteholder at the address designated in writing by the Noteholder for purposes of payment or by bank wire or bank transfer as such Noteholder may specify in writing to the Town or otherwise as the Town and such Noteholder may agree. SECTION 8. Execution of the Note. The Note shall be executed in the name of the Town by the manual or facsimile signature of the Mayor and the official seal shall be affixed thereto, or imprinted or reproduced thereon, and attested by the manual or facsimile signature of the Town Clerk. In case any one or more of the officers, who shall have signed or sealed the Note, shall cease to be such officer of the Town, as the case may be, before the Note so signed and sealed shall have been actually delivered, such Note may nevertheless be delivered as herein provided and may be issued as if the person who signed or sealed such Note had not ceased to hold such office. Any Note may be signed and sealed on behalf of the Town by such person who at the actual time of the execution of such Note shall hold the proper office, although at the date the Note shall actually be delivered, such person may not have held such office or may not have been so authorized. SECTION 9. Application of Note Proceeds. Proceeds of the Note shall be used for purposes of financing the Costs of the Project as described in the Line of Credit Agreement. SECTION 10. Tax Covenant. In order to maintain the exclusion from gross income for purposes of Federal income taxation of interest on the Note, the Town shall comply with each requirement of the Code necessary to maintain the exclusion of interest on the Note from gross income for Federal income tax purposes. In furtherance of the covenant contained in the preceding sentence, the Town agrees to continually comply with the provisions of the Tax Certificate to be executed by the Town, at the time the Note is issued, as such certificate may be amended from time to time, as a source of guidance for achieving compliance with the Code (herein referred to as the "Tax Certificate"). The Town shall make any and all payments required to be made to the United States Department of the Treasury in connection with the Note pursuant to Section 148(f) of the Code from amounts on deposit in the funds and accounts established under this Resolution and available therefor. Res.No.96-11 Page 3 of 6 104 Notwithstanding any other provision of this Resolution to the contrary, so long as necessary in order to maintain the exclusion from gross income of interest on the Note for Federal income tax purposes, the covenants contained in this Section shall survive the payment of the Note and the interest thereon, including any payment or defeasance thereof. The Town shall not use or permit the use of any of the proceeds of the Note, or any other funds of the Town, directly or indirectly, to acquire any securities, obligations or other investment property, and shall not take or permit to be taken any other action or actions, which would cause any Note to be an "arbitrage bond" as defined in Section 148 of the Code. SECTION 11. Covenant To Budget And Appropriate/Pledge of Proceeds of Refunding Bonds. The Town covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from non-ad valorem revenues lawfully available, amounts sufficient to pay the principal of and interest on the Note when due, whether at maturity or by mandatory sinking fund redemption, all in accordance with the provisions of this Resolution and the Line of Credit Agreement. Such covenant and agreement on the part of the Town to budget and appropriate such amounts of non-ad valorem revenues shall be cumulative to the extent not paid, and shall continue until such non-ad valorem revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the Town, the Town does not covenant to maintain any services or programs, now provided or maintained by the Town, which generate non-ad valorem revenues. Additionally, to the extent that the Town issues debt obligations ("Refunding Bonds") specifically to refund the Note, the Town shall duly and punctually apply proceeds of any Refunding Bonds to the payment of outstanding principal of and interest on the Note. The Town hereby grants the Financial Institution a lien on and pledge of proceeds of the Refunding Bonds. The Note and the Line of Credit Agreement shall not be or constitute general obligations or indebtedness of the Town within the meaning of the Constitution of Florida, but shall be payable from and secured solely by the covenant of the Town to budget and appropriate non-ad valorem revenues, and from a lien on and pledge of the proceeds of the Refunding Bonds, in the manner and to the extent provided in the Line of Credit Agreement and in the Note. No Noteholder shall ever have the right to compel the exercise of the ad valorem taxing power of the Town or taxation in any form on any real or personal property to pay the Note or the interest thereon. The Noteholder shall have no lien upon any real or tangible personal property of the Town. SECTION 12. Modification or Amendment. No modification or amendment of this Resolution or of any resolution amendatory thereof or supplemental thereto, may be made without the consent in writing of the Financial Institution. SECTION 13. Additional Authorization. That the Mayor, the Town Clerk, and any other proper official of the Town, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments, including a rate cap, if deemed cost effective by the Mayor upon advice of the Town's Finance Director, and to do and cause to be Res.No.96-11 Page 4 of 6 105 done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Line of Credit Agreement. SECTION 14. Remedies of Noteholder. Should the Town default in its obligations created by this Resolution or the Line of Credit Agreement the Financial Institution, may, in addition to any remedy set forth in this Resolution, or the Line of Credit Agreement, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted and contained in this Resolution or the Line of Credit Agreement, and may enforce and compel the performance of all duties required by this Resolution, the Line of Credit Agreement, or by any applicable statutes to be performed by the Town or by any officer thereof. SECTION 15. Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of this Resolution. SECTION 16. Effective Date. This Resolution shall take effect upon its passage in the manner provided by law. Res.No.96-11 Page 5 of 6 106 PASSED AND ADOPTED in a regular session on this 91h day of August 2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Town Council President Pro-Tem William J. Diamond, Town Council Member Richard M. Kleid, ATTEST: Town Council Member Susan A. Owens Michael J. Pucillo, Town Clerk Town Council Member Res.No.96-11 Page 6 of 6 107 Government&Institutional Banki Lng Somh Avenaie,'/Lh F ,i West Rdm Bew-h.F1,32401 1 1m July 28, 2011 Mr, Peter Elwell Town Manager Town of Palm Beach 360 South County Road, 2nd Floor Palm Beach, FL 33480 Dear Mr. Elwell: Wells Fargo Bank, National Association (the "Bank") is pleased to submit the Commitment described below to the Town of Palm Beach, Florida (the "Town") subject to the following terms and conditions: Borrower: Town of Palm Beach, Florida (the "Town") Amount: $2,000,000 Facility[Term: Revolving Line of Credit. Bank's commitment to tend shall terminate 364 days from closing. This facility shall be repayable in monthly payments of accrued interest only untii the maturity date when ail remaining principal and interest shall be due. Interest shall accrue based on a 30 day month a 360 day year basis. The Town may request an extension in writing at any time, but no more than 60 days prior to the expiration date of the Line of Credit. The Bank will respond in writing within 45 days of receipt of a written request. The Bank's determination to accept or reject any such request shall be within the Bank's sole and absolute discretion. The failure of the Bank to respond to a request shall be deemed a denial of a request. The terms of each extension will be determined by mutual agreement after such analysis and due diligence as the Bank may require. Draws: The Town may borrow, repay and re-borrow principal under this facility provided no event of default has occurred and all of the following conditions are met: 1) The total amount of outstandings pursuant to this facility at any given time shall be not exceed $2,000,000, 2) The total of all draws may not exceed $10,000,000. 'nogether we'll go far st xTown of Pahn Heach C13A 7-201 I.doe Wdk Fargo Bxlx,L6. 2) The Town continues to maintain a depository relationship with the Bank. Purpose- To provide interim financing for the Town Underground utility line project (including the relocation and burying of utility cable, making related streetscape improvements and other related capital projects) in anticipation of the issuance of bonds or other debt. Security: The Facility will be secured by the first net bond or other debt proceeds issued for the project and a Covenant to Budget and Appropriate from all Legally Available Non-Ad Valorem Revenues. (the "Pledged Revenues"). Interest Rate: Bank-Qualified Variable Rate: One-Month LIBOR plus 100 basis points, adjusted monthly. As of July 20, 2011, the rate would have been 1.19%. LIBOR is that rate as shown on the Telerate System, page 3750. The rate will be based on LIBOR two business days prior to the first draw. LIBOR will be reset monthly on the first day of the month based on LIBOR two business days prior to the first day of the month which rate will apply to outstanding balances and draws made during the month. Unused Fee: 25 basis points on any undrawn amount of the Line payable quarterly. Prepayment: The loan may be prepaid at any time without penalty. Conditions 1. The Town, by official action, shall approve entering into this commitment and the loan facility described herein; it shall cause any borrowing under this facility to be designated as a "Qualified Tax-Exempt Obligation" pursuant to Section 265(b)(3)(B) Internal Revenue Code of 1986, as amended. Should subsequent but currently unforeseen events cause any borrowing under this facility to be determined to not be a "qualified obligation" pursuant to Section 265(b) (3)(B), Internal Revenue Code of 1986, as amended, the Bank shall adjust the interest rate on any outstanding hereunder so that it shall receive the same after tax yield equivalent contemplated as of the time of this commitment, 2. The interest rate on this Note shall be subject to adjustment as set forth below. If i) a "Determination of Taxability" (as defined below) shall occur or ii) state or federal tax laws or regulations are amended to cause the interest on the Note to be taxable, to be subject to a minimum tax or an alternative minimum tax or to otherwise decrease the after tax yield on the Note to the Bank (directly or indirectly, in whole or in part), then the interest on the Note shall be adjusted to cause the yield on the Note, after payment of any increase in tax, to equal what the yield on the Note would have been in the absence of such Determination of Taxability or change or amendment in tax laws or regulations. For purposes hereof, "Determination of Taxability" means the circumstance of the interest on the Note becoming includable for federal income tax purposes in the gross income of the Bank, regardless of whether caused by or within the control of the Issuer. A Determination of Taxability will be deemed to have occurred upon (i) the receipt by the Issuer or the Bank of an original or a copy of an Internal Revenue Service Technical xTown cif Pal in Beach CBA 7-201 1.doc 109 Advice Memorandum or Statutory Notice of Deficiency; (ii) the issuance of any public or private ruling of the Internal Revenue Service; or (iii) receipt by the Issuer or Bank of an opinion of counsel experienced in tax matters relating to municipal bonds, in each case to the effect that the interest on the Note is not excluded from in the gross income of the Bank for federal income tax purposes. The above adjustments shall be cumulative, but in no event shall the interest on the Note exceed the maximum permitted by law. The above adjustments to the interest rate on the Note shall be effective for all periods during which tax treatment of the interest on the Note by the Bank is the affected. Proper partial adjustment shall be made if the tax law change is effective after the first day of the Bank's tax year or if the interest on the Note does not accrue for the entire tax year of the Bank. Adjustments which create a circular calculation because the interest on the Note is affected by the calculation shall be carried out sequentially, increasing the interest on the Note accordingly in each successive calculation using as the new value the increase in the interest rate on the Note, until the change on the interest rate on the note caused by the next successive calculation of the adjustment is de minimis. 3. All legally available Non-Ad Valorem Revenues shall mean all revenues of the Town derived from any source whatsoever, other than Ad Valorem taxation on real and personal property, and legally available to make the loan repayments required under this proposal, but only after provision has been made by the Town for payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Town or which are legally mandated by applicable law. So long as there are legally available Non-Ad Valorem Revenues, the Town may not fail to budget and appropriate debt service in order to balance its budget. The foregoing covenant to budget and appropriate shall be deemed to require appropriation, in the manner set forth above, of Non-Ad Valorem Revenues ratably to pay the obligations hereunder and all other Additional Covenant Debt. The Issuer will not enter into any covenant to budget and appropriate from Non-Ad Valorem revenues which is in any manner prior or senior to its obligations hereunder. Additional Covenant Debt shall mean indebtedness of the Issuer heretofore or hereafter issued which contains a covenant by the Issuer to budget and appropriate from Non-Ad Valorem Revenues amount sufficient to pay the principal, interest and premium, if any, on such debt as same becomes due and payable, all in a form similar to the covenant described herein. 4. For each fiscal year during the term of the loan, and prior to the incurrence of Additional debt secured by a Covenant to Budget and Appropriate from all Legally Available Non-Ad Valorem Revenues, the average of the prior two years Legally Available Non Ad Valorem Revenues as defined above, must cover existing and projected maximum annual debt service on debt secured by and/or payable from such Revenues by at least 1 .5x, For purposes of calculating maximum annual debt service, variable rate debt shall be assumed to bear interest at the higher of 6% per annum or the actual interest rate borne by the loan for the month preceding the date of calculation. Moreover, the subject loan shall be assumed to be fully funded and amortizing over 5 years. 5. Loan, documents relating to this facility shall be prepared by counsel for the Bank. Closing will be conditioned upon receipt by the Bank of a standard opinion from Bank counsel as to the due authorization and enforceability of the documents and xT(m n oll'ahn Beach CBA 7-2011 doe 3 110 as to tax-exemption under state and federal law, and an opinion of the issuer's attorney as to litigation and other matters. The loan documents and such opinions shall be in form and content acceptable to the Bank. Documents must be available for review at least 5 business days prior to closing. The Bank Counsel will charge a fee of $10,000-00. All costs relating to the preparation of documents, including the Bank counsel fee, will be paid by the Town (whether or not the transaction closes). & On an ongoing basis, the Town agrees that it shall deliver to the Bank printed copies of, its Comprehensive Annual Financial Report when available, or within 270 days of each fiscal year end, whichever is sooner, a Current Year Operating Budget and Capital Improvement Plan within 60 days of its Fiscal Year End and any other such information as reasonably requested by Bank. Additionally, the Town shall annually provide an Anti-Dilution Certificate, (Exhibit A attached), certifying that it is in compliance with the required ratio as set forth in condition (4) above. Prior to closing the attached Exhibit A must be signed and returned to the Bank. 7. This Commitment shall remain in full force and effect through 3.00 p.m., local time, August 10, 2011, at which time, if not accepted by execution of the acceptance clause below and mailed to the Bank at its 450 S. Australian Ave., West Palm Beach Florida 33401 office to my attention, this Commitment shall expire and shall not be enforceable by either the Bank or the Town unless extended by the Bank in writing. Unless extended by the Bank in writing, this facility must close on or prior to August 31, 2011 after which this commitment shall expire. 8. If the Bank chooses to waive any covenant, paragraph, or provision of this Commitment, or if any covenant, paragraph, or provision of this Commitment is construed by a court of competent jurisdiction to be invalid, it shall not affect the applicability, validity or enforceability of the remaining covenants, paragraphs or provisions. 9. The preceding terms and conditions are not exhaustive. Any final documents will include other covenants, terms and closing conditions as are customarily required by the Bank for similar transactions including but not limited to a Cross Default with other debt, Default Rate of the higher of the Note Rate + 3% or Prime + 3%, Events of Default, Acceleration upon Default and waiver of jury trial, most favored nation provision, such that more restrictive covenants, ratios and tests, and greater remedies under the Obligor's other like secured debt instruments shall be automatically deemed incorporated, mutatis mutandis, into the loan documents, and prohibitions on the use of bond proceeds for leveraged or margined investments and on speculative derivative transactions, in each case without the prior written consent of the Bank. To the extent permitted by law the loan documents will include customary interest rate recapture ("clawback") language allowing the Bank to recover interest in excess of any maximum interest rate imposed by law. This Commitment Letter shall not survive closing. 10. To ensure current pricing the Town must maintain its primary depository and operating accounts and treasury services with the Bank. Should the Town discontinue their principal depository and treasury services relationship with the Bank, a review and change of the pricing may be required by the Bank. 11. The Town represents and agrees that all information provided to the Bank is correct and complete. No material adverse change may occur in the business condition, operations, or performance of the Town nor may any adverse circumstance be discovered as to, the xTown offlaim Beach C13A 7-201 1.doc 4 111 financial condition of the Town prior to closing, The Bank's obligations under this Commitment are conditioned on the fulfillment to the Bank's sole satisfaction of each term and condition referenced by this Commitment. No change may occur in any law, rule or regulation (or their interpretation or administration), that, in each case, may adversely affect the consummation of the transaction, to be determined in the Bank's sole discretion; 12. This Commitment supersedes all prior Commitments and proposals with respect to this transaction, whether written or oral, including any previous loan proposals made by the Bank or anyone acting within its authorization. No modification shall be valid unless in writing and signed by an authorized Officer of the Bank. This Commitment is not assignable and no entity other than the Town shall be entitled to rely on this Commitment. 13. The Bank will make the loan for its own account and not with the intent to distribute the loan or interests therein. However, the Bank may in the future enter into participation agreements or securitization transactions with respect to the loan. No transfer restrictions will apply to the loan. If requested, the Bank will deliver an appropriate investor letter at closing. Wells Fargo Bank, National Association appreciates the opportunity to submit this Commitment to you and looks forward to your favorable response. Should you have any questions, please do not hesitate to contact me at 561-650-2364. Best Regards, WELLS FARGO BANK, NATIONAL ASSOCIATION William Dane Sheldon Senior Vice President ACCEPTANCE The above Commitment is hereby accepted on the terms and conditions outlined therein by authority of the Governing Board of the Town: Closing Date: By: Date, Its: x,rov,n or pain,Beach C13A 7-2011-doc 5 112 EXHIBIT Town of Palm Beach 2010A and B Bonds Non-Self-Supporting Debt Coverage Test Maximum Annual Debt Current Outstanding Debt: Service 2010A Public Improvement 60,025,255 3,624,500 2010B Worth Avenue 14,359,288 866,500 4,491,000 Special Assessment Revenue-Worth Avenue 959,300 FY11 Collections (not included in Non Ad Valorem Revenue) Non-Ad Valorem Revenues $20,572,603 FY2011 Budget Bond Covenants w/Worth Avenue Debt 2010A Maximum Debt Service 3,624,500 2010B Worth Avenue 866,500 Total Debt Service 4,491,000 2 times Maximum Debt Service shall be x2 Less Than Total Non Ad Valorem Revenue $8,982,000 $5,795,302 Remaining Potential Debt Service Non-Self Supporting Debt 2010A Maximum Debt Service 3,624,500 Worth Avenue Maximum Debt Service 866,500 Capital Lease Payments-FY2011 0 --------------------- Total Non-Self Supporting Debt 4,491,000 Non Ad Valorem Revenues must be greater x2 than 2 times Non-Self-Supporting Debt $8,982,000 $5,795,302 Remaining Potential Debt Service Non-Self-Supporting Debt Limit 50%of Non-Ad Valorem Revenues $10,286,302 Bond Covenants w/o Worth Avenue Debt 2010A Maximum Debt Service 3,624,500 2010B Worth Avenue 0 Total Debt Service 3,624,500 2 times Maximum Debt Service shall be x2 Less Than Total Non Ad Valorem Revenue $7,249,000 $6,661,802 Remaining Potential Debt Service Non-Self Supporting Debt 2010A Maximum Debt Service 3,624,500 Worth Avenue Maximum Debt Service 0 Capital Lease Payments-FY2011 0 --------------------- Total Non-Self Supporting Debt 3,624,500 Non Ad Valorem Revenues must be greater x2 than 2 times Non-Self-Supporting Debt $7,249,000 $6,661,802 Remaining Potential Debt Service Non-Self-Supporting Debt Limit 10,286,302 113 LINE OF CREDIT AGREEMENT This Line of Credit Agreement is made and entered into this 15th day of August,2011,by and between the Town of Palm Beach, Florida, a municipal corporation in the State of Florida, and its successors and assigns (the "Town"), and Wells Fargo Bank, N.A., a national banking association, and its successors and assigns (the "Bank"). WHEREAS, on August , 2011, the Town adopted Resolution No. (the "Resolution"),authorizing a revolving line of credit loan(the"Line of Credit")with the Bank in the principal amount not to exceed $2,000,000, for the purpose of providing interim financing of burying certain utility cables within the Town,certain streetscape improvements and related capital projects in anticipation of the issuance of bonds or other debt (collectively, the"Project"); and WHEREAS, the Town hereby determines that it is desirable and in the best interest of the Town to enter into this Agreement whereby the Town will have access to the Line of Credit, the principal amount outstanding on which shall not exceed $2,000,000, to be used to pay the costs of the Project; and WHEREAS, the obligation of the Town to repay draws made on the Line of Credit shall be evidenced by the delivery by the Town of its Revolving Line of Credit Note, Series 2011 in the principal amount of$2,000,000 (the "Note"); and WHEREAS,the Note shall be issued pursuant to the terms and provisions of the Resolution and this Agreement; and WHEREAS,the execution and delivery of this Agreement by the Town have been authorized by the Resolution. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby and in consideration for the mutual covenants hereinafter contained, DO HEREBY AGREE as follows: SECTION 1. DEFINITIONS. As used herein, unless the context otherwise requires: "Act"means,as applicable,Article VIII,Section 2 of the Constitution of the State of Florida, Chapter 166, Florida Statutes, the Charter of the Town, and other applicable provisions of law. "Agreement"means this Line of Credit Agreement between the Town and the Bank, as the same may be amended, modified or supplemented from time to time. "Annual Budget" means the annual budget prepared by the Town for each Fiscal Year in accordance with Section 10 below and in accordance with the laws of the State of Florida. RM:8042231:3 1 114 "Bank"means Wells Fargo Bank,N.A.,the initial purchaser of the Note, and its successors and assigns. "Business Day" means any day which is not a Saturday, Sunday or day on which banking institutions in Palm Beach County, Florida are authorized to be closed. "Clerk" means the Town Clerk or any Deputy Town Clerk. "Costs of the Project"means with respect to the Project, all items of cost authorized by the Act, including the costs of issuance of the Note, capitalized interest and related non-use fees. "Dated Date" means the date of issuance of the Note. "Default Rate"means the greater of(a)three hundred basis points(3.00%)in excess of the rate otherwise borne by the Note or(b) three hundred basis points (3.00%) in excess of the Prime Rate. "Event of Default" means any of the events described in Section 15(A) hereof. "Draw Period"means the period beginning on the date of issuance of the Note, and ending on July 31, 2012. "Fiscal Year" means the period commencing on October 1 of each year and ending on the succeeding September 30,or such other consecutive 12-monthperiod as maybe hereafter designated as the fiscal year of the Town pursuant to general law. "Governing Body" means the Town Council of the Town, or its successor in function. "LIBOR" means the London Interbank Offered Rate as posted by the British Bankers Association as shown on the Telerate System, page 3750, for U.S. dollar deposits of a stated maturity. "Maturity Date" means August 14, 2012. "Mayor"means the Mayor of the Town or,in the Mayor's absence,the Vice-Mayor,or such other persons as may be duly authorized to act on the Mayor's behalf. "Non-Ad Valorem Revenues" means all revenues of the Town derived from any source whatsoever, other than ad valorem taxation on real and personal property, which are legally available for payment by the Town of debt service on the Note,after the payment of the principal of and interest on any other obligations of the Town hereafter issued which have a prior pledge on any source of the Non-Ad Valorem Revenues,and Project Grant Moneys,but only after provision has been made by the Town for payment of services and programs which are for essential public purposes affecting RM:8042231:3 2 115 the health, welfare and safety of the inhabitants of the Town, or which are legally mandated by applicable law;provided,however,that for the purposes of the coverage and additional bonds tests set forth in Section 12 hereof,"Non-Ad Valorem Revenues"shall mean all revenues of the Town derived from any source whatever, other than ad valorem taxation on real and personal property, which are legally available for payment by the Town of Non-Self-Supporting Debt, excluding Project Grant Moneys,non-ad valorem special assessments which are exclusively pledged to the payment of Special Assessment Obligations and Direct Payments. The foregoing notwithstanding in the event any bonds of the Town are additionally secured by non-ad valorem special assessments and if debt service on such bonds is not permitted to be directly offset pursuant to Section 12 hereof by the amount of non-ad valorem special assessments collected during the prior Fiscal Year, the Town may treat such non-ad valorem special assessments as "Non-Ad Valorem Revenues" for purposes of the coverage and additional bonds tests set forth in Section 12 hereof. "Note" means the Town's Revolving Line of Credit Note, authorized to be issued by the Town and outstanding from time to time in the aggregate principal amount not to exceed$2,000,000, the form of which is attached as Exhibit "A" hereto. "Noteholder"or"Holder"means the registered owner(or its authorized representative)of the Note. "Prime Rate"means the rate quoted from time to time as the Bank as its"prime rate"(which may not be the lowest or best interest rate offered to customers of the Bank),or in the event the Bank ceases to quote a"prime rate, " "prime rate" shall mean the rate quoted in the Wall Street Journal from time to time as the"prime rate," or, if the Wall Street Journal ceases publication or ceases to quote a "prime rate," such alternate interest rate as shall, in the reasonable opinion of the Bank, approximate such rate. "Project"means the burying of certain utility cables within the Town,the making of certain streetscape improvements and related capital projects, and costs related thereto. "Refunding Bonds" means obligations specifically issued to refund the Note. "Resolution" means Resolution No. , adopted by the Governing Body on August 9, 2011, authorizing the Town enter into this Agreement and issue the Note. "State" means the State of Florida. "Town" means the Town of Palm Beach, Florida, a municipal corporation in the State. SECTION 2. ISSUANCE OF NOTE. Subject and pursuant to the provisions of the Resolution,a note to be known as"Town of Palm Beach,Florida,Revolving Line of Credit Note"is hereby authorized to be issued and outstanding from time to time in an aggregate principal amount not to exceed Two Million Dollars($2,000,000.00)for the purpose of financing Costs of the Project. RM:8042231:3 3 116 The Town agrees not to use the proceeds of the Note for any other purpose without the written approval of the Bank. The Town shall not use the proceeds of the Note for leveraged or margined investments, or on speculative derivative transactions. The Bank agrees to make advances on the Note from time to time, but only upon compliance by the Town with the provisions hereof. SECTION 3. DESCRIPTION OF NOTE. The Note shall be issued in one(1)typewritten certificate,shall be dated the Dated Date and shall mature on the Maturity Date. Draws will be permitted to be made on the Note from time to time during the Draw Period,but or more than$2,000,000 in principal amount may be outstanding at any time. The Note shall bear interest at the variable rate equal to LIBOR plus one hundred basis points (1.00%), adjusted monthly as provided in the Note. Accrued interest on the Note shall be payable,based on the amount drawn by the Town from time to time pursuant to this Line of Credit Agreement,on December 1,2011,March 1,2012,June 1,2012 and on the Maturity Date. Principal of the Note shall be due and payable at maturity.Interest on the Note shall be paid in arrears and will be calculated on the basis of a 365/366 day year for the actual number of days elapsed.Details of the Note, shall be as provided in the form of Note attached as Exhibit"A"hereto. The Note shall be in registered form,contain substantially the same terms and conditions as set forth in Exhibit"A"hereto, shall be payable in lawful money of the United States of America, and the principal thereof, interest thereon and any other payments thereunder shall be payable by check, wire, draft or bank transfer to the Holder at such address as may be provided in writing by such Holder to the Clerk. So long as the Note shall remain outstanding,the Town shall maintain and keep books for the registration and transfer of the Note. The Note may be assigned as provided in the form of Note attached as Exhibit"A" hereto. SECTION 4. EXECUTION OF NOTE. The Note shall be executed in the name of the Town by the manual signature of the Mayor,the seal of the Town shall be imprinted,reproduced or lithographed on the Note, and the Note shall be attested to by the manual signature of the Clerk. If any officer whose signature appears on the Note ceases to hold office before the delivery of such Note,such signature shall nevertheless be valid and sufficient for all purposes.In addition,the Note may bear the signature of, or may be signed by, such persons as at the actual time of execution of such Note shall be the proper officers to sign the Note although at the date of the Note or the date of delivery thereof such persons may not have been such officers. SECTION 5. NOTE MUTILATED,DESTROYED,STOLEN OR LOST. If the Note is mutilated, destroyed, stolen or lost, the Town may, in its discretion (i) deliver a duplicate replacement Note, or(ii)pay a Note that has matured or is about to mature.A mutilated Note shall be surrendered to and canceled by the Clerk or its duly authorized agent. The Holder must furnish the Town or its agent proof of ownership of any destroyed, stolen or lost Note; post satisfactory indemnity;comply with any reasonable conditions the Town or its agent may prescribe;and pay the Town's or its agent's reasonable expenses. RM:8042231:3 4 117 Any such duplicate Note shall constitute an original contractual obligation on the part of the Town whether or not the destroyed, stolen, or lost Note be at any time found by anyone, and such duplicate Note shall be entitled to equal and proportionate benefits and rights as to lien on, and source of and security for payment from,the funds pledged to the payment of the Note so mutilated, destroyed, stolen or lost. SECTION 6. PROVISIONS FOR REDEMPTION. The Note may be prepaid in whole or in part at any time prior to maturity without premium or penalty in the manner provided in the form of Note attached as Exhibit "A" hereto. The Note shall be prepaid within ten (10) days of the issuance of Refunding Bonds, out of the proceeds thereof. SECTION 7. COVENANT TO BUDGET AND APPROPRIATE.The Town covenants and agrees to appropriate in its Annual Budget,by amendment,if necessary,from Non-Ad Valorem Revenues in each Fiscal Year, amounts sufficient to pay the principal of, redemption price, if applicable, and interest on the Note in such Fiscal Year, until the Note is paid in full. So long as there are Non-Ad Valorem Revenues, the Town may not fail to budget and appropriate the debt service on the Note in order to balance its budget. The foregoing covenant shall be deemed to require appropriation, in the manner set forth above, of Non-Ad Valorem Revenues ratably to pay the obligations of the Town hereunder and under the Note and all other debt of the Town which contains a covenant by the Town to budget and appropriate from Non-Ad Valorem Revenues an amount sufficient to pay the principal, interest and premium, if any, on such debt ("Additional Covenant Debt"). Such covenant and agreement on the part of the Town to budget and appropriate such amounts of Non-Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until Non-Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the Town,the Town does not covenant to maintain any services or programs, now provided or maintained by the Town,which generate Non-Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of such Non-Ad Valorem Revenues,nor,except as provided in Section 12 hereof,does it preclude the Town from pledging in the future a particular source or sources of Non-Ad Valorem Revenues. Such covenant to budget and appropriate Non-Ad Valorem Revenues is subject in all respects to the payment of obligations heretofore or hereafter (but only to the extent permitted by Section 12 hereof) entered into, including but not limited to the payment of debt service on bonds and other debt instruments. However, the covenant to budget and appropriate in its Annual Budget for the purposes and in the manner stated herein shall have the effect of making available in the manner described herein Non-Ad Valorem Revenues and placing on the Town a positive duty to budget and appropriate, by amendment if necessary, amounts sufficient to meet its obligations hereunder. SECTION 8. PAYMENT FROM PROCEEDS OF REFUNDING BONDS. The Town shall duly and punctually apply the proceeds of any Refunding Bonds to the payment of the RM:8042231:3 5 118 outstanding principal of and interest on the Note. The Town hereby grants the Bank a lien on and pledge of such proceeds. SECTION 9. NOTE NOT TO BE GENERAL INDEBTEDNESS OF THE TOWN. The Note shall not be or constitute a general obligation or indebtedness of the Town within the meaning of the Constitution of Florida,but shall be payable from and secured solely by the covenant of the Town to budget and appropriate Non-Ad Valorem Revenues,and from a lien on and pledge of the proceeds of the Refunding Bonds, in the manner and to the extent herein and in the Note provided. No Holder shall ever have the right to compel the exercise of the ad valorem taxing power of the Town or taxation in any form on any real or personal property to pay the Note or the interest thereon. The Holder shall have no lien upon any real or tangible personal property of the Town. SECTION 10. OPERATING BUDGET;FINANCIAL STATEMENTS. Before the first day of each Fiscal Year the Governing Body shall prepare, approve and adopt in the manner prescribed by law, a detailed Annual Budget. Such Annual Budget shall provide for revenues sufficient to comply with the Town's obligations hereunder, including any unsatisfied obligations from prior Fiscal Years. The Town shall annually provide to the Bank printed copies of(a) the Town's Comprehensive Annual Financial Report,including audited financial statements,within 270 days of the end of each Fiscal Year,and(b)a current year operating budget and capital improvement plan,within sixty(60) days of the beginning of each Fiscal Year. The Town will also provide the Bank any other financial information that it shall reasonably request. SECTION 11. PROCEDURE FOR MAKING DRAWS ON THE NOTE. (a) Draw Limitations. The total principal amount outstanding on the Note shall never exceed$2,000,000.Draws on the Note shall be made no more frequently than once a month. (b) Conditions to Draws. Prior to each draw on the Note, the Town shall provide Bank with a Draw Certificate in the form attached hereto as Exhibit"C", including any required attachments or exhibits. (c) Repayment of Draws. Each draw shall be repaid no later than the Maturity Date. (d) Reborrowing. The Town shall be permitted to reborrow amounts that have been drawn and repaid,so long as an Event of Default has not occurred and be continuing,so long as the total of all draws made under the Note does not exceed $10,000,000; provided, however,that after the cumulative draws hereunder equal$2,000,000,no further draws shall be made by the Town,unless the Town has on or prior to the date of such draw received an opinion of bond counsel to the effect that taking into account the fact that the cumulative draws will exceed $2,000,000 (but not exceed $10,000,000) will not in and of itself adversely affect the exclusion of interest on the Note from gross income for federal income tax purposes or the status of the Note as a"qualified tax-exempt obligation"for purposes of Section 265(b)(3)(B) on the Internal Revenue Code of 1986, as amended. RM:8042231:3 6 119 (e) Honor of Draw Request and Disbursement. The Bank will review each draw request to satisfy itself that the proceeds of the draw will be used for a purpose permitted hereunder. Assuming that to be the case, the Bank will honor each draw request no later than the next succeeding Business Day if the draw request is received by 1:00 p.m., local time, or by the second succeeding Business Day, if the draw request is received after 1:00 p.m. SECTION 12. NON-SELF-SUPPORTING DEBT COVERAGE/ADDITIONAL OBLIGATIONS. The Town covenants that in each Fiscal Year of the Town, while the Note is outstanding, the total Non-Self-Supporting Debt due for the Fiscal Year of the Town shall not exceed 50%of Non-Ad Valorem Revenues of the Town. In addition,the Town covenants and agrees that it will not issue any indebtedness or incur any indebtedness payable from or supported by a pledge of the Non- Ad Valorem Revenues unless the Town can show that following the issuance of or incurrence of such additional indebtedness, (i)the total amount of Non-Ad Valorem Revenues(based on the most recent Fiscal Year)will be greater than 2.00 times the Maximum Debt Service, and(ii) the total amount of Non-Ad Valorem Revenues in each Fiscal Year in which the Note is outstanding(based on reasonable projections of the Town) will be greater than 2.00 times the Non-Self-Supporting Debt in each such Fiscal Year. For purposes of the test described in the foregoing sentence Non-Ad Valorem Revenues shall not include Project Grant Moneys, non-ad valorem special assessments which are exclusively pledged to the payment of Special Assessment Obligations and Direct Payments. Additionally, for purposes of meeting the tests set forth in this subparagraph, "debt service"shall be deemed to include costs due and owing under any reserve account credit facility in effect with respect to any bonds of the Town, and debt service on any bonds of the Town that are eligible for Direct Payments will be calculated net of expected Direct Payments. In the event any bonds of the Town are additionally secured by non-ad valorem special assessments, debt service shall be calculated net of the amount of such non-ad valorem special assessments collected during the prior Fiscal Year provided that at least 90% of the non-ad valorem special assessments imposed in the prior Fiscal Year are collected. The foregoing notwithstanding in the event any bonds of the Town are additionally secured by non-ad valorem special assessments and if debt service on such bonds is not permitted to be directly offset by the amount of non-ad valorem special assessments collected during the prior Fiscal Year as provided by the immediately preceding sentence, the Town may treat such non-ad valorem special assessments as Non-Ad Valorem Revenues for purposes of the foregoing coverage and additional bonds test. In addition to the foregoing, if the Town's ad valorem revenues in any Fiscal Year do not equal at least 100% of the Cost of Essential Expenditures in that Fiscal Year, then for purposes of the above test the amount by which the Cost of Essential Expenditures exceeds the Town's ad valorem revenues shall be subtracted from Non- Ad Valorem Revenues. Capitalized terms used in this Section 12,if not otherwise defined, shall have the following meanings: Cost of Essential Expenditures"means the cost of expenditures necessary for the conducting of the public safety and general governmental operations of the Town, as shown in the Town's audited financial statements. RM:8042231:3 7 120 "Direct Payments"means any direct payments, grants or other subsidies received from the federal government or the State of Florida relative to debt service on any specific series of bonds of the Town. "Maximum Debt Service"shall mean, at any time,the maximum amount required in the then current or any future fiscal year to pay (i) all Non-Self Supporting Debt, and (ii)the proposed indebtedness of the Town(A)which will be payable from Non-Ad Valorem Revenues,or(B)for which the Non-Ad Valorem Revenues will be pledged. In calculating Maximum Debt Service, interest payments on any bonds of the Town which are eligible to receive Direct Payments shall be calculated net of expected receipt of such Direct Payments. In the event any bonds of the Town are additionally secured by non-ad valorem special assessments, for purposes of calculating Maximum Debt Service, debt service payments shall be calculated net of the amount of such non-ad valorem special assessments collected during the prior Fiscal Year provided that at least 90% of the non-ad valorem special assessments imposed in the prior Fiscal Year are collected. In the case of bonds bearing interest at a variable rate("Variable Rate Bonds")interest on such Variable Rate Bonds shall be assumed to be the greater of(A)one hundred ten percent(110%)of the average interest rate on such Variable Rate Bonds during the twenty-four months ending with the month preceding the date of calculation or such shorter period that such Variable Rate Bonds shall have been outstanding,and(B)the actual rate of interest on such Variable Rate Bonds on the date of calculation;provided that if a series of Variable Rate Bonds had not been outstanding prior to the date of calculation,the amount set forth in clause(A)above shall be calculated as though said Variable Rate Bonds had been outstanding for the twenty-four month period by using (i) one hundred ten percent (110%) of the average of the Securities Industry and Financial Markets Association(SIFMA)Municipal Swap Index for the twenty-four months ending with the month preceding the date of calculation,and(ii)if the Variable Rate Bonds are bonds the interest of which is includible in the gross income of the holders thereof for federal income tax purposes, l-month LIBOR. "Non-Self-Supporting Debt"shall mean debt service on debt obligations of the Town other than debt obligations relating to an enterprise fund or general obligation bonds of the Town or Special Assessment Obligations. In the event any bonds of the Town are additionally secured by non-ad valorem special assessments, debt service shall be calculated net of the amount of non-ad valorem special assessments collected during the prior fiscal year provided that at least 90% of the non-ad valorem special assessments imposed in the prior fiscal year are collected. Additionally, interest payments on Non-Self Supporting Debt shall be calculated net of expected receipt of Direct Payments. "Project Grant Moneys"shall include any Federal,State,County or other grant moneys relating to the Project that are legally available to pay principal and/or interest on bonds of the Town,but shall not include Direct Payments. "Special Assessment Obligations"shall mean indebtedness payable solely from and secured by non-ad valorem special assessments,but shall not include any indebtedness that is secured in whole or in part by the Town's covenant to budget and appropriate from Non-Ad Valorem Revenues. RM:8042231:3 8 121 Prior to closing, the Town shall evidence compliance with this covenant by providing the Bank with a completed Covenant Compliance Certificate in the form of Exhibit"B"attached hereto. SECTION 13. AUTO-DEBIT. At all times while this Agreement is in effect, loan payments from the Town shall be set up on auto debit,which will automatically transfer payments of interest on the Note from a pre-designated account of the Town maintained at the Bank to the Bank on each date when payment of interest on the Note is due. SECTION 14. MODIFICATION, AMENDMENT OR SUPPLEMENT. This Agreement may only be modified, amended or supplemented by an instrument in writing executed by the parties hereto. Notwithstanding the foregoing, if the Town in the future,with respect to any Additional Covenant Debt, agrees to more restrictive covenants, ratios, tests or remedies than provided herein, such more restrictive covenants, ratios, tests or remedies shall automatically be deemed incorporated herein mutatis mutandi. SECTION 15. EVENTS OF DEFAULT; REMEDIES. A. Events of Default. Any one or more of the following events shall be an"Event of Default": (i) The Town shall fail to pay the principal of or interest on the Note when due; (ii) The Town shall fail to pay the principal of or interest on any other loan or obligation for the repayment of money when due; (iii) The Town shall (a) admit in writing its inability to pay its debts generally as they become due, (b) file (or have filed against it and not dismissed within 90 days) a petition in bankruptcy or take advantage of any insolvency act, (c)make an assignment for the general benefit of creditors,(d)consent to the appointment of a receiver for itself or for the whole or any substantial part of its property, or (e)be adjudicated a bankrupt; (iv) The Town shall default in the due and punctual performance of any of its covenants, conditions, agreements and provisions contained herein or in the Note, not otherwise addressed in this Section, and such default shall continue for thirty(3 0)days after written notice specifying such default and requiring the same to be remedied shall have been given to the Town by the Holder of the Note;provided that such default shall not be an Event of Default if the Town within such 30 day period commences and carries out with due diligence to completion within ninety (90) days such action as is necessary to cure the same. B. Remedies on Default. If an Event of Default shall have occurred and be continuing, the Holder may proceed to protect and enforce its rights hereunder by a suit, action or special proceeding in equity or at law,by mandamus or otherwise,either for the specific performance of any covenant or agreement contained herein or for enforcement of any proper legal or equitable remedy RM:8042231:3 9 122 as such Holder shall deem most effectual to protect and enforce the rights aforesaid. In addition, while an Event of Default shall have occurred and be continuing,the Bank shall not be obligated to fund draws on the Note. While an Event of Default shall have occurred and be continuing the Note shall bear interest at the Default Rate. No remedy herein conferred upon or reserved to the Holder is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. No delay or omission of a Holder to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver of any such Event of Default, or an acquiescence therein; and every power and remedy given by this article may be exercised from time to time, and as often as may be deemed expeditious by a Holder. SECTION 16. GENERAL AUTHORITY. The Mayor and the members of the Governing Body and the officers,attorneys and other agents or employees of the Town are hereby authorized to do all acts and things required of them by the Resolution and this Agreement, or desirable or consistent with the requirements thereof and hereof,for the full punctual and complete performance of all the terms, covenants and agreements contained herein, in this Agreement or in the Note, including the execution of any documents or instruments relating to payment of the Note, and each member, employee, attorney and officer of the Town is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated under the Resolution and hereunder. SECTION 17. CLOSING COSTS; NON-USE FEE. The Town shall be responsible for paying all fees and costs in connection with the issuance of the Note, including,but not limited to, the fees and costs of the Bank's counsel of$10,000. The Town shall also pay the Bank a monthly non-use fee equal to the result obtained by subtracting from $2,000,000 the amount drawn and outstanding on the Note on the first day of each month,multiplying the resulting number by twenty five basis points (0.25%) and dividing by twelve (12). For example, if on October 1, 2011, $1,000,000 was drawn and outstanding on the Note,the Town would owe the Bank a non-use fee for that month equal to ($2,000,000 - $1,000,000) x 0.0025 / 12, which is $208.33. Such non-use fee shall be paid quarterly in arrears on each date that interest on the Note is due. SECTION 18. EXTENSION OF AVAILABILITY OF LINE OF CREDIT.By written request of the Town delivered to the Bank no more than sixty(60) days prior to the Maturity Date, the Bank and the Town may agree to extend this Agreement for an additional successive period or periods, each period not to exceed one(1)year. The Bank shall respond in writing within forty(45) days of receipt of a written request as to its willingness to agree to an extension. The Bank's determination to accept or reject any such request shall be at the Bank's sole and absolute discretion. The failure of the Bank to respond shall be deemed a denial of the request. The terms and conditions of any extension shall be determined by mutual agreement after such analysis and due diligence as RM:8042231:3 10 123 the Bank may require. SECTION 19. SAVINGS CLAUSE. If any section,paragraph,sentence,clause or phrase of this Agreement shall, for any reason,be held to be invalid or unenforceable, such decision shall not affect the validity of the remaining sections, paragraphs, sentences, clauses or phrase of this Agreement. SECTION 20. CONTROLLING LAW; OFFICIALS OF TOWN NOT LIABLE. All covenants, stipulations, obligations and agreements of the Town contained in the Resolution, this Agreement and the Note shall be covenants,stipulations,obligations and agreements of the Town to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. No covenant, stipulation, obligation or agreement contained in the Resolution, this Agreement or the Note shall be a covenant, stipulation, obligation or agreement of any present or future member,agent,officer or employee of the Town or the Governing Body of the Town in his or her individual capacity,and neither the members or officers of the Governing Body of the Town nor any official executing the Note shall be liable personally on the Note or shall be subject to any personal liability or accountability by reason of the issuance or the execution of the Note by the Town or such members thereof. SECTION 21. NO THIRD-PARTY BENEFICIARIES. Except as herein otherwise expressly provided,nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person,firm or corporation other than the parties hereto and a subsequent holder of the Note issued hereunder, any right, remedy or claim, legal or equitable,under or by reason of this Agreement or any provision hereof, this Agreement and all its provisions being intended to be and being for the sole and exclusive benefit of the Town and the Bank and their respective successors and assigns hereunder and under the Note. SECTION 22. DEPOSITORY RELATIONSHIP WITH BANK. So long as the Bank maintains its status as a qualified Public Depository under Chapter 280,Florida Statutes,the Town shall maintain its primary depository relationship,operating accounts and treasury services with the Bank while the Note is outstanding. Should the Town discontinue its primary depository relationship,operating accounts and treasury services with the Bank,the Bank shall have the right to increase the interest rate on the Note in such amount as the Bank deems appropriate. SECTION 23. SEVERABILITY. If any section,subsection,sentence,clause or provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected by such invalidity. SECTION 24. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement,and,in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. RM:8042231:3 11 124 SECTION 25. WAIVER OF JURY TRIAL. THE TOWN AND THE BANK IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CONTROVERSY OR CLAIM BETWEEN THEM,WHETHER ARISING IN CONTRACT, TORT OR BY STATUTE, THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT, THE NOTE OR THE RESOLUTION. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE TOWN AND THE BANK TO ENTER INTO THIS AGREEMENT. SECTION 26. EFFECTIVE DATE. This Agreement shall take effect immediately upon its execution by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and delivered by their respective duly authorized officers as of the day and year first above written. TOWN OF PALM BEACH, FLORIDA By: Mayor (SEAL) ATTEST: By: Clerk of the Town of Palm Beach, Florida WELLS FARGO BANK,N.A. By: Dane Sheldon, Senior Vice President RM:8042231:3 12 125 EXHIBIT "A" FORM OF NOTE RM:8042231:3 126 REGISTERED REGISTERED No. R- 1 Not to exceed $2,000,000.00 UNITED STATES OF AMERICA STATE OF FLORIDA TOWN OF PALM BEACH REVOLVING LINE OF CREDIT NOTE Interest Rate: Maturity Date: Dated Date: Variable, as set August 14, 2012 August 15, 2011 forth below REGISTERED OWNER: WELLS FARGO BANK,N. A. MAXIMUM PRINCIPAL AMOUNT: TWO MILLION DOLLARS ($2,000,000) KNOW ALL MEN BY THESE PRESENTS, that the Town of Palm Beach, Florida, a municipal corporation of the State of Florida (hereinafter called the "Town") for value received, hereby promises to pay to the Registered Owner identified above, or to registered assigns or legal representatives, but solely from the revenues hereinafter mentioned, on the dates hereinafter provided,the Principal Amount identified above, and to pay,solely from such revenues,interest on the Principal Amount remaining unpaid from time to time, at the interest rate per annum set forth herein(the"Note Rate"),until the entire Principal Amount has been repaid.Principal of and interest on this Note will be paid by bank wire, check, draft or bank transfer delivered to the Registered Owner hereof at such address as may be provided in writing by the Registered Owner to the Town no later than the close of business on the fifth Business Day(as defined in the hereinafter described Resolution), next preceding each interest payment date(the "Record Date"). This Note shall bear interest at a variable rate equal to one month LIBOR, plus 100 basis points(1.00%)adjusted on the first day of each month to the rate computed two(2)Business Days prior to the first day of each month. LIBOR is defined in the Line of Credit Agreement (as hereinafter defined) to mean the London Interbank Offered Rate as posted by the British Bankers Association as shown on the Telerate System, page 3750, for U.S. dollar deposits of a stated maturity. Interest on this Note shall be calculated on the basis of a 365/366 day year for the actual number of days elapsed. Payments of accrued interest hereon,based on the amount drawn by the Town from time to time pursuant to the Line of Credit Agreement between the Town and Wells Fargo Bank,N.A. (the "Bank") dated August 15, 2011 (the "Line of Credit Agreement"), will be payable in arrears on RM:8043243:2 1 127 December 1, 2011, March 1, 2012, June 1, 2012 and on the Maturity Date. Payments of principal will be due on the Maturity Date,based on the amount drawn hereon and repaid by the Town from time to time. Each date when principal and/or interest on this Note is due is a "Payment Date." If any Payment Date is not a Business Day,the payment otherwise due on such Payment Date shall be due on the preceding Business Day. Upon the occurrence of an Event of Default (as defined in the Line of Credit Agreement) until such Event of Default has been cured this Note shall bear interest at the greater of(a) three hundred basis points(3.00%)in excess of the rate otherwise borne by this Note or(b)three hundred basis points (3.00%) in excess of the Prime Rate, but in no event to exceed the maximum rate permitted by law. Also, upon the occurrence of an Event of Default, the Holder may declare the entire outstanding balance due hereon to be immediately due and payable, and in any such acceleration the Town shall also be obligated to pay all costs of collection and enforcement thereof, including such fees as may be incurred on appeal or incurred in any bankruptcy or insolvency proceeding. This Note is issued in the aggregate principal amount not to exceed $2,000,000 to pay the Costs of the Project(as defined in the Line of Credit Agreement),pursuant to the authority of and in full compliance with the Constitution and laws of the State of Florida,including particularly Article VIII, Section 2 of the Constitution of the State of Florida,Chapter 166,Florida Statutes,the Charter of the Town(collectively,the"Act"), and Resolution No. ,adopted by the Town Council of the Town on August 9, 2011 (the"Resolution"). This Note and the interest hereon are secured by the Town's covenant to budget and appropriate in each Fiscal Year from its Non-Ad Valorem Revenues, sufficient moneys to pay the debt service on the Note,until this Note has been paid in full. This Note is further secured by a lien on and pledge of the proceeds of Refunding Bonds issued by the Town.Reference is hereby made to the Line of Credit Agreement for the provisions,among others,relating to the terms and security for the Note, the custody and application of the proceeds of the Note, the rights and remedies of the Registered Owner of the Note and the limitations thereon, and the extent of and limitations on the Town's rights, duties and obligations, to all of which provisions the Registered Owner hereof for himself and his successors in interest assents by acceptance of this Note. All terms used herein in capitalized form, unless otherwise defined herein, shall have the meanings ascribed thereto in the Line of Credit Agreement. If(i) a Determination of Taxability (as defined below) shall occur, (ii) state or federal tax laws or regulations are amended to cause the interest on the Note to be taxable, to be subject to a minimum tax or an alternative minimum tax or to otherwise decrease the after tax yield on the Note to the Registered Owner(directly or indirectly,in whole or in part)or(iii)the Note ceases to be or is determined not to be a"qualified tax-exempt obligation"under Section 265(b)(3)(B)of the Internal RM:8043243:2 2 128 Revenue Code of 1986,as amended, then the interest rate on the Note shall be adjusted to cause the yield on the Note to the Registered Owner after payment of any increase in tax, to equal what the yield on the Note would have been in the absence of such Determination of Taxability, change or amendment in tax laws or regulations or the Note ceasing to be a"qualified tax-exempt obligation." As used herein, "Determination of Taxability"means the circumstance of the interest on the Note becoming includable for federal income tax purposes in the gross income of the Registered Owner, regardless of whether caused by or within the control of the Town. A Determination of Taxability will be deemed to have occurred upon (i) the receipt by the Town or the Registered Owner of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency; (ii) the issuance of any public or private ruling of the Internal Revenue Service; or(iii)receipt by the Registered Owner or the Bank of an opinion of counsel experienced in tax matters relating to municipal bonds,in each case to the effect that the interest on this Note is not excluded from the gross income of the Registered Owner for federal income tax purposes. No such decree or action shall be considered final for the purposes of this paragraph unless the Town has been given written notice thereof and, if it is so desired by the Town and is legally permissible,the Town has been afforded the opportunity to contest the same,at its own expense,either directly or in the name of the Registered Owner and until the conclusion of any appellate review, if sought. The above adjustments shall be cumulative. The above adjustments to the interest rate on the Note shall be effective for all periods during which the tax treatment of the interest on the Note by the Registered Owner is affected. Proper partial adjustment shall be made if the tax law change is effective after the first day of the Registered Owner's tax year or if the interest on the Note does not accrue for the entire tax year of the Registered Owner. Adjustments which create a circular calculation because the interest rate on the Note is affected by the calculation shall be carried out sequentially,increasing the interest rate on the Note accordingly in each successive calculation using as the new value the increase in the interest rate on the Note,until the change in the interest rate on the Note caused by the next successive calculation of the adjustment is de minimis. In no event shall the interest rate payable on this Note exceed the maximum rate permitted by law.Notwithstanding the foregoing,if the Registered Owner receives less interest during any period than it would be entitled to receive hereunder but for the applicability of a maximum legal rate of interest,during any subsequent period in which the rate of interest to which the Registered Owner is otherwise entitled is less than such maximum rate of interest, the Registered Owner shall instead receive interest at a rate equal to the maximum legal rate of interest until the Registered Owner has received, in the aggregate, the amount of interest due the Registered Owner hereunder. THIS NOTE SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE TOWN, OR A DEBT OR PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING OF ANY CONSTITUTIONAL, LEGISLATIVE OR CHARTER PROVISION OR LIMITATION, AND IT IS EXPRESSLY AGREED BY THE REGISTERED OWNER OF THIS NOTE THAT SUCH REGISTERED OWNER SHALL NEVER RM:8043243:2 3 129 HAVE THE RIGHT, DIRECTLY OR INDIRECTLY, TO REQUIRE OR COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE TOWN OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE OF FLORIDA OR TAXATION IN ANY FORM ON ANY REAL OR PERSONAL PROPERTY FOR THE PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THIS NOTE OR FOR THE PAYMENT OF ANY OTHER AMOUNTS PROVIDED FOR IN THE LINE OF CREDIT AGREEMENT. This Note shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of the State of Florida, subject to the provisions for registration of transfer contained herein and in the Line of Credit Agreement. The principal amount of this Note may be prepaid, in whole or in part at any time without premium or penalty.Amounts repaid may be reborrowed,but only in accordance with the terms of the Line of Credit Agreement. This Note may be assigned by the owner of this Note, or any assignee or successor-in- interest thereto. Such assignment shall only be effective, and the Town obligated to pay such assignee, upon delivery to the Clerk at the address set forth below of a written instrument or instruments of assignment in the form provided herein, duly executed by the owner of this Note or by his attorney-in-fact or legal representative, containing written instructions as to the details of assignment of this Note, along with the social security number or federal employer identification number of such assignee. In all cases of an assignment of this Note the Town shall at the earliest practical time enter the change of ownership in the registration books; provided, however, the written notice of assignment must be received by the Clerk no later than the close of business on the fifth Business Day prior to a Payment Date in order to carry the right to receive the interest and principal payment due on such Payment Date. The Town may conclusively rely on the authenticity of any Form of Assignment delivered to it in accordance with this paragraph and accompanied by the original of the Note to which it relates. Any payment or notice required to be given to the Registered Owner hereunder shall be given to the Registered Owner at 1950 West Hillsboro Boulevard,Deerfield Beach,Florida 33442, Attention: Government and Institutional Banking, or such other address or addresses as the Registered Owner shall provide the Town in writing.In the event of an assignment of this Note,any payment or notice required to be given to the Registered Owner hereunder shall be given to the Registered Owner at the address or addresses shown on the Form of Assignment hereto, or such other address or addresses as the Registered Owner shall provide the Town in writing Any notice required to be given to the Town hereunder shall be given to the Clerk at 360 South County Road, Palm Beach, Florida 33480 or such other address or addresses as the Town shall provide the Registered Owner in writing It is hereby certified and recited that all acts, conditions and things required to exist, to happen,and to be performed precedent to and in the issuance of this Note exist,have happened and RM:8043243:2 4 130 have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable hereto, and that the issuance of the Note does not violate any constitutional or statutory limitation or provision. IN WITNESS WHEREOF, the Town of Palm Beach,Florida has issued this Note and has caused the same to be executed by the manual signature of the Mayor and attested by the manual signature of the Clerk and its corporate seal or a facsimile thereof to be affixed or reproduced hereon, all as of the day of August, 2011. TOWN OF PALM BEACH, FLORIDA (SEAL) Mayor ATTEST: Town Clerk RM:8043243:2 5 131 FORM OF ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Note in the books kept by the City for the registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature of this assignment must correspond with SOCIAL SECURITY NUMBER OR the name as it appears upon the FEDERAL IDENTIFICATION NUMBER within Note in every particular, OF ASSIGNEE or any change whatever. [Form of Abbreviations] The following abbreviations, when used in the inscription on the face of the within Note, shall be construed as though they were written out in full according to the applicable laws or regulations. TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN- as joint tenants with the right of survivorship and not as tenants in common UNIFORM TRANS MIN ACT - Custodian for (Cust.) (Minor)under Uniform Transfers to Minors Act of (State). Additional abbreviations may also be used though not in the above list. Name and address of assignee for payment and notice purposes Notice: Payment: Date: Assignee: By: Title: RM:8043243:2 6 132 EXHIBIT "B" COVENANT COMPLIANCE CERTIFICATE RM:8042231:3 133 Town of Palm Beach 2010A and B Bonds Non-Self-Supporting Debt Coverage Test Maximum Annual Debt Current Outstanding Debt: Service 2010A Public Improvement 60,025,255 3,624,500 2010B Worth Avenue 14,359,288 866,500 4,491,000 Special Assessment Revenue-Worth Avenue 959,300 FY11 Collections (not included in Non Ad Valorem Revenue) Non-Ad Valorem Revenues $20,572,603 FY2011 Budget Bond Covenants w/Worth Avenue Debt 2010A Maximum Debt Service 3,624,500 2010B Worth Avenue 866,500 Total Debt Service 4,491,000 2 times Maximum Debt Service shall be x2 Less Than Total Non Ad Valorem Revenue $8,982,000 $5,795,302 Remaining Potential Debt Service Non-Self Supporting Debt 2010A Maximum Debt Service 3,624,500 Worth Avenue Maximum Debt Service 866,500 Capital Lease Payments-FY2011 0 --------------------- Total Non-Self Supporting Debt 4,491,000 Non Ad Valorem Revenues must be greater x2 than 2 times Non-Self-Supporting Debt $8,982,000 $5,795,302 Remaining Potential Debt Service Non-Self-Supporting Debt Limit 50%of Non-Ad Valorem Revenues $10,286,302 Bond Covenants w/o Worth Avenue Debt 2010A Maximum Debt Service 3,624,500 2010B Worth Avenue 0 Total Debt Service 3,624,500 2 times Maximum Debt Service shall be x2 Less Than Total Non Ad Valorem Revenue $7,249,000 $6,661,802 Remaining Potential Debt Service Non-Self Supporting Debt 2010A Maximum Debt Service 3,624,500 Worth Avenue Maximum Debt Service 0 Capital Lease Payments-FY2011 0 --------------------- Total Non-Self Supporting Debt 3,624,500 Non Ad Valorem Revenues must be greater x2 than 2 times Non-Self-Supporting Debt $7,249,000 $6,661,802 Remaining Potential Debt Service Non-Self-Supporting Debt Limit 10,286,302 134 EXHIBIT "C" FORM OF DRAW CERTIFICATE RM:8042231:3 135 DRAW CERTIFICATE DRAW NO. The undersigned officer of the Town of Palm Beach, Florida (the "Town") DOES HEREBY CERTIFY THAT: 1. This certificate is being provided to Wells Fargo Bank, N. A. (the "Bank") in accordance with Section 11(b) of that certain Line of Credit Agreement dated August 15, 2011 between the Town and the Bank (the "Agreement"), in order to permit the Town to make a draw on its Note in favor of the Bank dated August 15, 2011 (the "Note"). 2. The Town hereby requests a draw on the Note in the amount of $ . The proceeds of the draw will be used to pay for Costs of the Project, as defined in the Agreement and as more specifically itemized below: 3. After such draw, the total principal amount of$ will be outstanding and available to be drawn on the Note. 4. No Event of Default shall have occurred and is continuing under the Agreement. 8. As of the date of this certificate, the undersigned is the duly appointed, qualified and serving of the Town, and as such is authorized to execute this certificate on behalf of the Town. WITNESS my hand this day of , 201. TOWN OF PALM BEACH, FLORIDA By: Name: Title: RM:8046324:1 1 136 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Resolutions Agenda Title RESOLUTION NO. 97-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Academy Design and Technical Services, Inc. for the Provision of Contractual Labor Services, Bid No. 2009-22; Authorizing the Town Manager to Take Further Action Necessary to Effectuate the Contract. Presenter Jay Boodheshwar, Director of Recreation Supporting Documents Memorandum Dated, July 29, 2011, from Jay Boodheshwar, Director of Recreation and Special Projects • Resolution No. 97-11 • Bid Tabulation 137 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Jay Boodheshwar, Director of Recreation and Special Projects Re: Authorization to Enter Agreement for Contractual Labor Services Resolution No. 97-11 Date: July 29, 2011 STAFF RECOMMENDATION Staff recommends that Town Council adopt Resolution No. 97-11, authorizing the Town Manager to enter into an agreement with Academy Design and Technical Services, Inc. for the provision of contractual labor services. GENERAL INFORMATION At the September 10, 2009, Town Council meeting, Adil Business Systems, Inc. was awarded a contract for the provision of contractual labor services, primarily at the Par 3 Golf Course, but with the ability to utilize these services in other Town operations. Unexpectedly, Adil has exercised their right to terminate the agreement, effective August 27, 2011. Soon after learning that Adil would be cancelling their agreement; the Purchasing Division approached the second lowest responsive, responsible bidder, Academy Design and Technical Services, Inc. (ADTS)to offer them the opportunity to provide this service. ADTS has agreed to provide said services starting on August 28, 2011. The multiplier for Adil Business Systems, Inc. was 19.89% and ADTS put in an original quote of a 25% multiplier. ADTS has requested an increase of I% over their quoted rate of 25%, for a total of 26%. Bid No. 2009-16, from which this contract derives, allows for increases that conform to the CPI index for all urban consumers in the Miami- Ft. Lauderdale area for annual increases from June to June. The Purchasing Division has confirmed that the referenced index from June 2010 through June 2011 has increased by 3.6%; therefore ADTS's request for a 1% increase is reasonable. The "multiplier" is the additional percentage of a laborer's pay rate that the Town will pay for Academy Design and Technical Services, Inc. providing labor services. Actual pay rates (before the multiplier) will range from Florida's current minimum wage up to $18 per hour, depending on the work being performed, and the skill/experience level of the personnel requested. For example, if a pay rate of$9/hr is established for a laborer provided by the contract, the actual amount paid by the Town to ADTS for this individual will be $11.34/hr(which includes the 26% multiplier.) 138 It would be advantageous to continue using labor services from a third party provider instead of hiring additional Town employees for several reasons. These include greater flexibility in scheduling, cost savings from benefits, and cost savings associated with staff turnover. By continuing to use this approach to provide the necessary labor needs for the golf course, the Town is expected to save over$30,000 annually for the same amount of labor hours that would be required of Town employed personnel. The contractual labor services are primarily used at the Par 3 Golf Course, but other Town operations will have access to this pool of labor if necessary. FUNDING/FISCAL IMPACT Funding for the contractual labor services are fully funded in the current FY2011 and proposed FY2012 Golf Course budgets. The anticipated FY2012 expenditure for these is $170,000. PURCHASING REVIEW This procurement has been reviewed and approved by the Purchasing Division of the Finance Department. TOWN ATTORNEY REVIEW This a standard resolution in a form previously approved by the Town Attorney for legal form and sufficiency. Attachments cc: Jane Struder, Director of Finance John C. Randolph, Town Attorney Lynda Venne, Purchasing Agent Tony Chateauvert, Golf Manager Tim Campbell, Superintendent 139 RESOLUTION NO. 97-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO ACADEMY DESIGN AND TECHNICAL SERVICES, INC. FOR THE PROVISION OF CONTRACTUAL LABOR SERVICES, BID NO. 2009-22; AUTHORIZING THE TOWN MANAGER TO TAKE FURTHER ACTION NECESSARY TO EFFECTUATE THE CONTRACT. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Town of Palm Beach, Bid No. 2009-22, for the provision of contractual labor services is hereby awarded to Academy Design and Technical Services, Inc. with pay rate multiplier of 26%. Section 2. The Town Manager is hereby authorized to execute a contract on behalf of the Town of Palm Beach for the provision of contractual labor services with Academy Design and Technical Services, Inc. Section 3. The Town Manager, or his designee, is hereby authorized and directed to take such further legal actions as may be necessary to effectuate the provision of contractual labor services to the Town of Palm Beach. Resolution No.97-11 Page I of 2 140 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 9th day of August 2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Town Council President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member Resolution No.97-11 Page 2 of 2 141 BID TABULATION TEMPORARY LABOR SERVICES -BID NO.2009-22 Professional Academy Atrium The Butler Precision Staffing- Design and Alliance Personnel, Group of So. 'Express Stafflink dba Staffing Inc. ABTS, Inc.dba Randcol,LLC WPS Technical Adil Business Professional Inc.dba Florida,LLC Employment Famoso Inc. GL Staffing Link Staffing dba Accurate Able Body dba Randcol Workplace Vendor: Services Inc. Systems, Inc. Staffing, Inc. Transhire dba Nextaff Professionals dba Manpower Services Services Placement Labor Staffing Solutions 11211 2501 So 2001 Palm 7481 W. 2240 Palm Prosperity 777 So. 1303 N.St. Ocean Dr. 188 E. Beach Lakes Oakland Pk. Beach Lakes Farms Rd.Ste 1959 10th 1800 Bering, Flagler Dr.Ste 3040 Gulf to 3500 N.SR 7 3044 S.Trl. Address: Rd.7 Ste.521 Hampton Way Blvd.#300 Blvd.Ste 307 Blvd. C210 Ave,Unit 8 Ste 800 80OW Bay Blvd. Ste 207 Ste B Palm Beach Lauderdale Margate, FL Hollywod, FL Jupiter, FL W.Palm Bch. Lauderhill. FL W.Palm Bch. Gardens, FL Lake Worth, Houston,Tx W.Palm Bch. Clearwater, FL Lakes, FL Lake Worth, 33063 33019 33458 FL 33409 33319 FL 33408 33410 FL 33461 77057 FL 33401 33759 33319 FL 33463 Telephone: 954-973-7600 954-925-3073 561-745-2968 561-253-0400 954-733-0777 561-471-8285 561-694-2902 561-452-8287 713-784-4400 561-712-0307 727-724-2600 954-497-9900 561-434-7878 Fax: 954-973-4890 800-821-0887 561-745-2964 561-253-0401 954-733-0444 561-471-5927 888-473-6912 561-547-0310 713-784-2769 561-712-0472 727-771-9632 954-497-1894 561-434-7890 Bu try A. R.M is ae es—us Cohn Contact: Thomas Sholar Lori Mendoza Sheryl Stuart Scott Rasbach Butler Vorse Sanchez Ike Steele Ron Carryl Dave Gerstner McDonald Jana Thoemke Item Description Multiplier Multiplier Multiplier Multiplier Multiplier Multiplier Multiplier Multiplier Multiplier Multiplier Multiplier Multiplier Multiplier M (Percent of 1 mark up) 1.25 1.1989 1.44 1.279 1.3375 1.45 1.478 1.27 1.42 1.39 1.32 1.35 1.27 25% 19.89% 27.9% 33.75% 45% 27% 42% 39% 35% 27% 'No signature on Bidder Information and Certification Bid opened on Wednesday,August 19,2009 @ 2:00 PM Opened by 4dis Pedraza Witnessed by lo(n Cmar N Page 1 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Consent- Other Agenda Title Approval of Selection Committee's Ranking of Firms to Provide Underground Utilities Engineering Services. Presenter Thomas G. Bradford, Deputy Town Manager Supporting Documents • Memorandum dated July 27, 2011, from Thomas G. Bradford, Deputy Town Manager • Selection Committee Rankings 143 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Thomas G. Bradford, Deputy Town Manager Re: Ratification of Selection Committee Recommendation for RFQ No. 2011-16— Underground Utilities Engineering and Project Management Consultant Date: July 27, 2011 STAFF RECOMMENDATION Town staff recommends that Town Council approve the ranking of the selection committee for underground utilities engineering and project management work contemplated to begin shortly. GENERAL INFORMATION The Town is in need of professional services for underground utilities engineering and project management work. This work is contemplated to fall within the requirements of Florida's Competitive Consultant's Negotiations Act (CCNA) requiring a formal selection process in compliance with Florida law. Accordingly, staff issued an RFQ to solicit qualifications from interested firms in spring 2011, short listed the responses and conducted interviews of the four finalist firms on July 6. A copy of the Selection Committee rankings is attached. The top two firms are Brannon & Gillespie, LLC and Keshavarz & Associates Inc. The Selection Committee members felt it was important to contract with two firms thereby increasing the Town's ability to provide a timely response to any neighborhood request to convert overhead utilities to underground service that may be approved by the Town Council. These two firms tied for the top rating. If the selection rankings are approved negotiation of a professional services agreement with each will be attempted. If negotiations are unsuccessful with either firm, we will move on to negotiate with the next highest ranked firm. All proposed professional services agreements will be subject to the prior approval of the Town Council before usage by staff. The potential scope of work to be performed includes: 1) Project liaison services 2) Cost estimating 3) Development of easement configurations 4) Utilities (electric, CATV, telecommunications) design service for conversion to underground 144 5) Bid documents preparation 6) Contractor evaluation services 7) Construction management services 8) Development of project as-builts 9) Surveying and/or surveying service coordination 10)Other work as may mutually be agreed upon Specific utility undergrounding projects anticipated are as follows: 1) Via Fontana/Seagrape Circle 2) Everglades Island 3) Lakeview Towers Condominium/ 300 Block Dunbar Road, south side 4) Other neighborhood special assessment underground projects 5) Town projects requiring incidental underground conversion of overhead utilities. Town Council policy requires all proposed neighborhood underground utility projects contemplated to use special non-ad valorem assessments for payment of project costs to demonstrate 80% property owner support by submittal of a signed petition prepared by staff indicating such support. FUNDING/FISCAL IMPACT All work under the two proposed professional service agreements, with the exception of a Town project having an element to convert overhead utility facilities to underground service that are funded with General, Capital Improvement or Recreation Enterprise funds, will be paid for using special non-ad valorem assessments charged to the benefitting property owners. Bridge financing to fund each project until term out is currently proposed to be provided through a Town Council approved Line of Credit. Upon term out, each project will be financed with a tax exempt bank loan or bond with the successful financial institution selected by way of a competitive process. PURCHASING REVIEW The Purchasing Division has prepared the Selection Committee Rankings information provided and also prepared the RFQ documents. Attachments cc: H. Paul Brazil, Director of Public Works Jane Struder, Director of Finance Chuck Langley, P.E., Senior Project Engineer Tim Wright, Chief Electrical Inspector N:TGB/201 t/Agenda Items/Backup Memo for UG Utilities Engineering and Project Management Consultant RFQ No.2011-16. 145 RFQ NO. 2011-16 UNDERGROUND UTILITIES ENGINEERING AND PROJECT MANAGEMENT CONSULTANT Oral Interviews SELECTION COMMITTEE RANKINGS Committee Member Tom Bradford Paul Brazil Chuck Tim Wright pa Total Langley Cann Rating Rafing Ring Rating Rating 1 Brannon & Gillespie, LLC. 5.00 3.20 5.00 4.70 4.48 1 Keshavarz &Associates, Inc. 5.00 4.40 4.30 4.20 4.48 3 PowerServices, Inc. 4.40 2.60 4.00 4.50 3.88 4 Clark & McCarthy Engineers, P.A. 4.50 2.80 3.20 3.40 3.48 Indicates Short List Firms TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Consent- Other Agenda Title Approval of Selection Committee's Ranking of Firms to Provide Contractual Golf Instruction Services. Presenter Jay Boodheshwar, Director of Recreation Supporting Documents Memorandum Dated July 27, 2011, from Jay Boodheshwar, Director of Recreation and Special Projects Final Ranking for RFP 2011-24 147 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Jay Boodheshwar, Director of Recreation and Special Projects Re: Contractual Golf Instruction Services RFP No. 2011-24 Date: July 27, 2011 STAFF RECOMMENDATION Staff recommends the Town Council (1) approve the Selection Committee's ranking of golf instruction service providers responding to the Town's request for proposals, with Money, Golf and Fitness, Inc. (Scott Munroe)being the highest ranked proposer, and(2) authorize staff negotiations with the ranked firms in the order of their ranking by the Selection Committee. GENERAL INFORMATION To fill the need for a year-round contractual golf instruction program at the Par 3 Golf Course, staff prepared an RFP and advertised the same on May 22, 2011. The submittal deadline was June 23, 2011. A Selection Committee was created consisting of Jay Boodheshwar, Director of Recreation & Special Projects, Tony Chateauvert, Golf Manager, Jane Struder, Director of Finance, Karen Temme, Risk Manager, and Stephen Hall, Recreation Commission. The Selection Committee met on June 30, 2011, to review the submittals and prepare a short list for interviews. Oral interviews were held on July 19 and 25. Attached are the Selection Committee's final rankings. The Selection Committee ranked the firm Money, Golf and Fitness, Inc. as the highest based on their submittal in response to the RFP. The specific areas that were evaluated included qualifications/credentials, approach to service delivery, workload, and compensation proposal. Negotiations with this firm will include, but are not limited to, services, staffing, hours of operation, and compensation. Should these negotiations be unsuccessful staff will proceed to the second highest ranked firm and so on until we are able to reach agreement. We plan to complete these negotiations during August and to have a resolution awarding this contract on the agenda for Town Council consideration on September 13, 2011. 148 FUNDING/FISCAL IMPACT The proposal submitted by Money, Golf and Fitness, Inc. is expected to result in approximately $50,000 of annual revenue for the Par 3 Golf Course. PURCHASING REVIEW This procurement has been reviewed and approved by the Purchasing Division of the Finance Department and contract negotiations are hereby recommended with Money, Golf and Fitness, Inc. as recommended by the Selection Committee. cc: Lynda Venne, Purchasing Agent Adis Pedraza, Assistant Purchasing Agent Selection Committee Members 149 RFQ NO. 2011-24 CONTRACTUAL GOLF INSTRUCTION SERVICES Oral Interviews SELECTION COMMITTEE RATINGS Committee Member Boodh Jay Tony shwar Ch teauvert Steve Hall Jane Struder Karen Temme Total Company Rating Rating Rating Rating Rating Rating 1 Kellie Stenzel Golf Incorporated 4.30 3.65 4.23 4.35 4.30 4.17 2 Money, Golf and Fitness, Inc. 4.33 4.20 4.68 4.55 4.55 4.46 3 Neil Michael Jonges/Brian Varsey 3.73 4.20 3.80 3.70 4.40 3.97 Proposed Partnership 4 Robert Tomich 2.95 2.95 2.25 2.65 2.65 2.69 5 Ross Cash Golf Inc. 3.65 4.90 3.70 3.40 4.05 3.94 0 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Consent- Other Agenda Title Change Order for Private Security Services at the Town Docks. Presenter Jay Boodheshwar, Director of Recreation Supporting Documents Memorandum Dated July 27, 2011, from Jay Boodheshwar, Director of Recreation and Special Projects 151 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Jay Boodheshwar, Director of Recreation and Special Projects Re: Change Order for Private Security Services at the Town Docks Date: July 27, 2011 STAFF RECOMMENDATION Staff recommends that Town Council approve an increase to PO 110180 in the amount of$ 11,502 for additional security services at the Palm Beach Town Docks in Fiscal Year 2011. This will increase the total for this contract from $48,951 to $60,453. GENERAL INFORMATION On August 10, 2010, Town Council approved Resolution No. 94-10, authorizing the Town Manager to enter into an agreement with Kent Security Services, Inc. for the provision of overnight armed security services at the Palm Beach Town Docks. Staff originally budgeted for evening security services from 7:00 pm to 6:00 am seven days a week from October to May and from 7:00 pm to 4:00 am from June through October. Subsequent to the implementation of these services last fall, the Dockmaster resigned from his position, which resulted in staff scheduling challenges. Previous to the Dockmaster's departure, the Assistant Dockmaster position was eliminated in July 2010. Although an Assistant Recreation Director was reassigned to manage the Docks in an interim capacity, staff was faced with a scheduling challenge until the Dockmaster position was recently filled. At the time of the Dockmaster's departure, it was determined that it would be more financially advantageous to bring in the security guards two hours earlier at 5:00 pm to provide gap coverage due to the necessary rescheduling of the part-time dock attendants to provide proper supervision during normal operating hours. The hourly rate for the security service is less than that of the docks staff hourly rate, so it was financially better to utilize their services in lieu of expending overtime for Town staff. The change in the schedule for the security services will result in over expenditure of the original contract amount previously approved by Town Council. Therefore, approval of the requested change order is necessary. 152 FUNDING/FISCAL IMPACT There is sufficient funding within the Docks budget to cover the additional$11,502 expenditure required to provide adequate security and supervision at the Town Docks for the remainder of the fiscal year. PURCHASING REVIEW This change order request has been reviewed and approved by the Purchasing Division of the Finance Department. Town Council approval is recommended. cc: Lynda Venne, Purchasing Agent Alan Brown, Assistant Recreation Director Kenneth Kooyenga, Dockmaster 153 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of Agend Consent- Other Agenda Title Request to Fill Vacancies in Public Works. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated July 22, 2011, from H. Paul Brazil, Director of Public Works. 154 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, Director of Public Works Re: Requests to Fill Vacancies in Public Works Date: July 22, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council authorize the Town Manager to fill the vacancies as indicated below,with no net gain to the Public Works staff. GENERAL INFORMATION The majority of the personnel actions within the Public Works Department that were authorized by the Town Council for FY2011 have been accomplished, and the corresponding internal promotions and position deletions have already been completed. The only exception is the recruitment for a Mechanic position in the Water Resources Division,for which no internal applications were received. It is requested that this position be recruited for externally since there are no internal candidates. In addition,there are two positions in the Trash Bureau that have become vacant and need to be filled. These positions became vacant due to the recent passing of one of our Equipment Operator I's and the resignation of a Laborer I. This unit has been reduced to minimum staffing and our resources are being strained, especially this time of year when the Trash Bureau's workload is heaviest. With the approval of the Town Council,the Town staff will recruit for and fill these positions. In a related matter,the award of a contract for temporary technically-skilled labor is also on this month's agenda and will allow for flexibility in hiring temporary personnel in the short-term. Another benefit will be the identification of qualified personnel for permanent recruitment of positions such as the mechanics or other skilled positions, now and in the future. FUNDINGNISCAL IMPACT The funding for these positions was included in the Public Works Department FY2011 and FY2012 operating budgets. Attachment HPB:nb cc. Danielle Olson, Director of Human Resources Eric Brown,Assistant Director of Public Works Larry Iverson, Services Division Manager Doug Terry, WRD Division Manager 155 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Consent- Other Agenda Title Authorization to Fill Vacant Development Permit Coordinator Position. Presenter John Page, Director of Planning, Zoning, and Building Supporting Documents • Memorandum dated July 21, 2011, from John Page • PZB Customer Traffic Count January - June, 2011 • Monthly Permit Activity October 1, 2008-June 30, 2011 156 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: John Page, Planning, Zoning & Building Director Re: Full-Time Personnel Request Replacement/Development Review Coordinator Date: July 21, 2011 STAFF RECOMMENDATION Staff recommends that one full-time person be hired in the Planning, Zoning & Building Department(front office permit intake area) in order to provide timely, professional assistance to the general public. This is a replacement, not a new, position. GENERAL INFORMATION Each business day, the Department welcomes property owners and their representatives, contractors, design professionals, attorneys, etc. Front office intake personnel manage that traffic flow, playing a vital role to daily operations. The volume of customers visiting each day (regularly exceeding 100 per day in recent months)requires three full-time staff members to serve the public in timely fashion. Back-ups occur and wait-times increase when staffing is curtailed for any reason. Together, the front office staff members complete the following tasks each day: reception; telephone answering/directing; customer assistance; permit application intake; document collection; fee collection; scanning; laserfiche; inspection scheduling; computerized data entry; records assistance; daily financial reconciliation; permit issuance; etc. The resignation of Development Review Coordinator Karrie Dulac (last day on the job 7/22/11) creates a critical staffing gap. The Department would like to refill this front office position with a new employee with the same job title. FUNDING/FISCAL IMPACT Funds have been included in the existing and future fiscal year budget for this position. This request replaces a newly vacated position, as opposed to establishing a new job. The Department continues to deal with an increasing workload. In June, 959 permit applications were processed, representing the highest number since October of 2008 (1,074). 157 CONCLUSION Work activity and permit revenue are tracking upward. This position is currently funded. The recently completed Internal Audit of PZB operations points to the fact that more segregation of duties is needed. All of these variables support the need to fill this staff vacancy. Given our continual quest to provide excellent customer service, coupled with a lean staffing structure and increasing activity levels, I respectfully request that you authorize the staff addition as herein outlined. Attachments cc: Danielle Olson Jane Struder 158 PLANNING ZONING & BUILDING CUSTOMER TRAFFIC COUNT JANUARY THROUGH JUNE 2010 AND 2011 2010 MONTH NUMBER OF WORK NUMBER OF CUSTOMERS AVERAGE NUMBER DAYS/MO. CUSTOMERS/DAY JANUARY 19 1151 60.58 FEBRUARY 19 1105 58.16 MARCH 23 1542 67.05 APRIL 22 1591 72.32 MAY 20 1821 91.05 JUNE 21 1964 93.53 2011 MONTH NUMBER OF WORK NUMBER OF CUSTOMERS AVERAGE NUMBER DAYS/MO. CUSTOMERS/DAY JANUARY 19 1293 68.06 FEBRUARY 19 1321 69.53 MARCH 23 1686 73.31 APRIL 21 1673 79.67 MAY 21 2084 99.24 JUNE 22 2600 118.19 MONTHLY PERMIT ACTIVITY 10/1/2008-6/30/2011 1200 i 3 i 1000 j I I 800 AP FY 2011 E FY 2010 600 a �� . � �,�.. v a FY 2009 o a � w FY 2008 400 200 1 _ I i of ; 1 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP rn 0 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Committee Reports Agenda Title Ordinances, Rules, & Standards Committee Meeting of July 13, 2011. [William J. Diamond, Council Member] Presenter William Diamond, Town Council Member Supporting Documents Report of the Ordinances, Rules, and Standards Committee Meeting of July 13, 2011 161 REPORT OF THE ORDINANCES, RULES, AND STANDARDS COMMITTEE HELD ON WEDNESDAY,JULY 13, 2011 1 I. CALL TO ORDER AND ROLL CALL 2 3 The Ordinances, Rules, and Standards Committee meeting was called to order on 4 Wednesday, July 13, 2011, at 2:00 p.m., in the Town Council Chambers. On roll call, 5 Chairman Diamond and Committee Member Pucillo were present. 6 7 II. APPROVAL OF AGENDA 8 9 The following changes were made to the Agenda: 10 11 TEMPORARILY DEFERRED: Item IV.A.I., Proposed Amendments to Chapter 130, 12 Vehicles for Hire (Limousines and Taxicabs), was temporarily deferred until Town 13 Attorney Randolph arrived. 14 15 Motion was made by Committee Member Pucillo and seconded by Chairman Diamond to 16 approve the Agenda, as amended. On roll call, the motion carried unanimously. 17 18 III. PUBLIC COMMENT - None 19 20 Clerk's Note: Item IV.B.I., was heard here. 21 22 IV. REGULAR AGENDA 23 24 A. Old Business 25 26 1. Proposed Amendments to Chapter 130, Vehicles for Hire (Limousines and 27 Taxicabs) [John C. Randolph, Town Attorney] 28 29 Town Attorney Randolph provided an overview of the proposed amendments. 30 31 Committee Member Pucillo indicated that the intent was to limit the operation of taxis 32 from 6:00 p.m. to 6:00 a.m., and to commercial areas only. 162 REPORT OF THE ORDINANCES, RULES,AND STANDARDS COMMITTEE HELD ON WEDNESDAY,JULY 13,2011 1 Captain Fred Hess, Police Department, commented that there is no problem with taxicabs 2 circulating and parking in any areas other than commercial districts. He added that too 3 many taxicabs could create traffic flow problems while circulating and taking up parking 4 spaces. 5 6 Scott Solombrino, CEO of Dav El of Palm Beach which operates out of the Breakers 7 Hotel, spoke in support of allowing current permit holders to provide taxi service 24 8 hours a day, and suggested that the taxi permits be proportionally distributed to only the 9 four companies that are already licensed. 10 11 Jack Campagnuolo, Park Limousine Service, commented that there are only two or three 12 restaurants that are open late, and that most of the taxicab companies are providing 13 service for locals and hotel patrons by picking up and dropping them off, and then 14 waiting for a call back. 15 16 John Critchett, owner of Palm Beach Tours and Transportation, spoke in support of 17 having taxi stands again. He commented that in the definition of prearranged charters, 18 anything with 30 minutes of advanced notice would be allowed to come in regardless of a 19 permit. He added that if the company has a contract, then a permit is also not needed. 20 21 Town Attorney Randolph said that what Mr. Critchett is saying is that the language might 22 be too broad in the definition for a prearranged charter. Town Attorney Randolph 23 suggested that the portion of the proposed definition in Section 130-131 of prearranged 24 charters, "and other businesses that provide vehicle for hire services by contract", be 25 removed. 26 27 Chairman Diamond recommended that the proposed ordinance confine the number of 28 metered taxis to 25, that they only be allowed in the commercial districts, and that they 29 are only allowed to operate during the hours of 6:00 p.m. to 6:00 a.m. 30 31 Committee Member Pucillo added that the portion of the proposed definition in Section 32 130-131 of prearranged charters reading, "and other businesses that provide vehicle for 33 hire services by contract", should be removed. 34 35 Motion was made by Committee Member Pucillo and seconded by Chairman Diamond to 36 approve the proposed amendments, with that portion of the proposed definition in Section 37 130-131 of prearranged charters reading, "and other businesses that provide vehicle for 38 hire services by contract", being removed, and adding an additional provision that limits 39 metered taxicabs to commercial areas only. On roll call, the motion carried unanimously. 40 41 B. New Business 42 43 1. Green Market as Requested by the Worth Avenue Merchant's Association 44 and Proposed Ordinance Amendment to Allow Outdoor Sales in 45 Conjunction with a Community-Wide Event Approved by the Town 7-13-11 ORS Mtg./Page 2 of 6 163 REPORT OF THE ORDINANCES, RULES,AND STANDARDS COMMITTEE HELD ON WEDNESDAY,JULY 13,2011 1 Council. [Sherry Frankel, President, Worth Avenue Merchant's 2 Association and Harry Welsh, Advertising Group, LLCI 3 4 Deputy Town Manager Bradford clarified that, in the backup, it should not have stated 5 that the green market vendor was the chosen vendor of the Worth Avenue Association. 6 The property upon which the Green Market is proposed (Apollo Parking Lot) is owned by 7 the Peruvian Avenue Corporation. The Green Market vendor has been chosen by the 8 Peruvian Avenue Corporation and is supported by the Worth Avenue Association. Mr. 9 Bradford said that he spoke to their attorney today and he was authorized to make the 10 following statement: The Peruvian Avenue Corporation supports the proposed green 11 market proposal of Harry Welsh, subject to the final terms and conditions to be worked 12 out if the concept is approved by the Town Council. Mr. Bradford added that it is not a 13 program being offered by the Worth Avenue Association, however, they support it and 14 have written to Mr. Diamond and the other members of the Town Council. 15 16 Responding to Chairman Diamond, Mr. Bradford stated that the property owners on 17 Worth Avenue are also the owners of the Peruvian Avenue Corporation, along with Burt 18 Handelsman, who is the primary property owner of that group. 19 20 Harry Welsh, 235 Sunrise Avenue, provided a presentation of the green market proposal. 21 He indicated that the proposed program would be in operation from October through May 22 on Sundays from 10:00 a.m. to 3:00 p.m., in the east end of the Apollo Parking Lot and 23 fees would be $40.00 a week for all businesses in Palm Beach. He responded to Chairman 24 Diamond that the purpose of the Market was to increase business in Town on Sundays. 25 26 Chairman Diamond requested that Sherry Frankel, President of Worth Avenue 27 Association, ask for the opinions of the local restaurants regarding the green market. 28 29 Code Enforcement Manager Raychel Houston noted that Ordinance 42-90 states that 30 outside display of food or produce, covered or uncovered is not allowed and that it would 31 require an ordinance change. Ms. Houston indicated that fees for tent permits would also 32 be required. 33 34 Town Attorney Randolph provided information relative to amending the ordinance. He 35 indicated that the criteria regarding when and where to allow a market was necessary, to 36 treat everyone who comes in for an application the same, and to avoid language that says 37 "based upon the approval of the Town Council". He noted that the current ordinance does 38 not allow outside displays and sales, or outside display of fruits and vegetables. He asked 39 if the Town wanted to allow exceptions for a green market and more specifically the type 40 of ordinance to be presented. 41 42 Mr. Bradford suggested that the ordinance indicate that the Town may permit temporary 43 outdoor sales if requested in conjunction with a community wide event or series of 44 community wide events approved upon application to the Town Council. 45 7-13-11 ORS Mtg./Page 3 of 6 164 REPORT OF THE ORDINANCES, RULES,AND STANDARDS COMMITTEE HELD ON WEDNESDAY,JULY 13,2011 1 Assistant Planning, Zoning, and Building Director Close stated that there are many items 2 that would need to be addressed in determining what would go into the definition of a 3 community wide event. 4 5 Ms. Houston indicated that it could say "except for this type of situation", and the outside 6 sales mentioned by Town Attorney Randolph could be made a part of someone's business 7 tax receipt. 8 9 Mr. Bradford said that the Town should charge something to the green market in fairness 10 to the local business owners who pay for a business tax receipt. Ms. Houston asked if 11 someone already had a business tax receipt, should another one be required. 12 13 Committee Member Pucillo noted that a few months ago, the Town Council expressed 14 displeasure for the concept of a green market. This is a big undertaking, and input would 15 need to be solicited from the Planning and Zoning Commission, the Fire Marshal, and 16 various other departments to look at this carefully. 17 18 Committee Member Pucillo recommended that the Planning and Zoning Commission, 19 and the Chamber of Commerce provide input. He would like for the Planning and 20 Zoning Commission to come back with an ordinance that amends the existing ordinances 21 prohibiting green markets, that allows them in certain specific places with certain 22 conditions, and that places an appropriate fee on them. 23 24 Chairman Diamond indicated that the Committee likes the concept, and requested that it 25 be placed on the August agenda, with as much backup as possible. 26 27 Mr. Bradford commented that he would work with the Town Clerk to ensure that there is 28 a good summary. The summary of the discussion is as follows: 29 30 ORS is favorable to the Green Market concept, in certain locations in Town, with certain 31 conditions and if appropriate fees are charged to the Green Market vendors. Ordinances 32 will need to be amended to allow the concept and most have been identified. ORS wants 33 to receive the input of the Planning and Zoning Commission and the Chamber of 34 Commerce prior to any final action being taken in this regard. If the Town Council 35 approves the ORS recommendation, based on our understanding of ORS intent, staff will 36 assemble a work group to identify all ordinance changes required, identify fees 37 recommended to be paid by Green Market vendors, and locations for allowing such 38 activities. All items will be presented to the Planning and Zoning Commission at their 39 September meeting. Staff will solicit the input of the Chamber of Commerce and provide 40 it and the recommendations of the Planning and Zoning Commission to the full Town 41 Council upon completion of the work effort. 42 43 Clerk's Note: Item IV.A.1., was heard here. 44 45 7-13-11 ORS Mtg./Page 4 of 6 165 REPORT OF THE ORDINANCES, RULES,AND STANDARDS COMMITTEE HELD ON WEDNESDAY,JULY 13,2011 1 2. Proposed Ordinance Amending Chapter 42, Environment, at Section 42- 2 230, Lawn Maintenance Equipment Noise to Clarify Existing Exemption 3 for Golf Course Lawn Maintenance Equipment.[Thomas G. Bradford, 4 Deputy Town Manager 5 6 Deputy Town Manager Bradford stated that there was some uncertainty as to whether or 7 not golf course lawn maintenance equipment is under the domain of this ordinance, and 8 therefore limits the noise and times of operation. He was asked to amend the ordinance 9 to clarify the issue. 10 11 Chairman Diamond, Committee Member Pucillo, and Town Attorney Randolph 12 discussed changing the language to indicate that golf course lawn maintenance equipment 13 would need to operate at an earlier time. Committee Member Pucillo indicated that the 14 15 change would be that the use of golf course maintenance equipment within the Town is 16 not restricted within the hours outlined. 17 18 Motion was made by Committee Member Pucillo and seconded by Chairman Diamond to 19 approve the proposed amendments. On roll call, the motion carried unanimously. 20 21 3. Proposed Ordinance Amending Chapter 78 by Increasing the Maximum 22 Number of Charitable Solicitation Permits Per Entity on an Annual Basis 23 and Specifying Evidence of Charitable Solicitation Activity.[Susan 24 Owens, Town Clerk 25 26 Town Clerk Owens presented a summary of the requested amendment. She stated that 27 this amendment would increase the maximum number of Charitable Solicitation events 28 per 12 month period from two to four. She noted that some of the major charities were 29 requesting more than two events a year and that it would also bring in additional revenue. 30 31 Mr. Bradford stated that some of the charities are holding their two events, and are 32 holding additional events anyway. 33 34 Responding to Chairman Diamond, Rob Walton, Lead Code Enforcement Officer, 35 indicated that every year there are numerous charities that they have to chase after to 36 obtain permits. 37 38 Chairman Diamond suggested that it might be better to just make it legal. 39 40 Committee Member Pucillo noted that part of the reason behind this is that the events are 41 going on anyway, and the Town wants to ensure they are permitted and that the 42 appropriate fee is obtained. The other option is to enforce the two event limit. 43 44 45 7-13-11 ORS Mtg./Page 5 of 6 166 REPORT OF THE ORDINANCES, RULES,AND STANDARDS COMMITTEE HELD ON WEDNESDAY,JULY 13,2011 1 Code Enforcement Manager Houston noted that adding the proposed definition for 2 evidence of engaging in charitable solicitations would make it easier to enforce these 3 events. 4 5 Motion was made by Chairman Diamond and seconded by Committee Member Pucillo to 6 approve the proposed amendments. On roll call, the motion carried unanimously. 7 8 V. ANY OTHER MATTERS—None 9 10 VI. ADJOURNMENT 11 12 There being no further business, the Ordinances, Rules, and Standards Committee 13 Meeting of Wednesday, July 13, 2011 was adjourned at 3:25 p.m. 14 15 APPROVED: 16 17 18 19 20 William J. Diamond 21 Chairman 7-13-11 ORS Mtg./Page 6 of 6 167 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - Old Business Agenda Title Merchants' Recommendations for Worth Avenue. Presenter Thomas G. Bradford, Deputy Town Manager Supporting Documents Letter dated August 2, 2011, from Harvey E. Oyer, III 168 SHUTTS BOWEN LLP HARVEY E.OYER,III E-MAIL ADDRESS: Member Florida Bar hoyer @shutts.com (561)650-8517 Direct Telephone (561)822-5522 Direct Facsimile August 2, 2011 Honorable Gail Coniglio Mayor, Town of Palm Beach Town Hall 360 South County Road Palm Beach, FL 33480 Re: Parking Fines Dear Mayor Coniglio: I have been asked to represent the Worth Avenue Association with respect to the current discussion surrounding the proposed increase in parking fines. On behalf of the Worth Avenue Association, I request an opportunity to appear before the Town Council at its August 2011 meeting to propose an outline of an alternative solution to the parking issues that are adversely affecting the Town and the Worth Avenue merchants. My hope is that we can reach a resolution that addresses the concerns raised by both the Town and the merchants and one that will provide a fair, long term solution. If this request to address the Town Council is acceptable to you and your colleagues, please have your staff advise me what time you would like my presentation to occur. Thank you for your time and consideration. Sincerely, ----S S BOWEN LLP ar E. O er, III HEO/j s cc: SherryFrankel, President Worth Avenue Association, Inc. WPBDOCS 7949327 1 1100 CityPlace Tower, 525 Okeechobee Boulevard,West Palm Beach,Florida 33401 • ph 561.835.8500• #x561.650.8530 •www.shuttKwm MIAMI PORT LAUDERDALE WFS"T PALM BFACIf ()RLANDO TAMPA TAL1,AI[ASSLF. AMSIF.RDAM TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - Old Business Agenda Title RESOLUTION NO. 63-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Increasing Fines for Parking, Providing an Effective Date. Presenter Jane Struder, Director of Finance Supporting Documents • Memorandum Dated August 3, 2011, from Jane Struder, Finance Director • Resolution No. 63-11 170 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Jane Struder, Finance Director Re: Resolution Adopting Parking Ticket Fines Resolution No.63-11 Date: August 3, 2011 STAFF RECOMMENDATION Staff is requesting the Town Council approve Resolution No. 63-11, increasing parking ticket fines. GENERAL INFORMATION Fine increases for parking tickets were included in the FY 12 proposed budget and presented at the June 13, 2011, Special Town Council meeting. The Town Council gave tentative approval of the increase at the Special Town Council meeting. Staff presented the resolution to adopt the new fines at the July 13, 2011 Town Council meeting. Members of the business community objected to the proposed increase and the Town Council deferred the matter to the August 9, 2011, Town Council meeting to give the Worth Avenue merchants time to develop a parking proposal for their area. The attached Resolution contains the original staff proposal to increase parking ticket fines from $35 to $60 for most types of parking tickets. Parking tickets were last increased in 2007. The increase is estimated to generate $268,000 in additional revenue. If the fine remains at$35 in commercial areas but is increased to $60 in residential and beach areas, then $110,000 in additional revenue is projected. In addition, we have been notified by Palm Beach County that they plan to terminate the agreement between the County and the Town for parking enforcement and monitoring at Kreusler Park. The FY12 budget included $55,000 in revenue from Palm Beach County for services at Kreusler Park that will need to be removed. Based on the actions and other considerations presented at the August 9, 2011, Town Council meeting, staff will present a plan prior to the September 12, 2011 public hearing to cover any shortfall that may arise from a possible change to the parking ticket fines, the loss of Kreusler Park revenue and any other matters that may arise prior to the adoption of the FY 12 budget. 171 TOWN ATTORNEY REVIEW Resolution No. 63-11 has been reviewed and approved for legal form and sufficiency. FUNDING/FISCAL IMPACT The additional revenue from the proposed fine increase is estimated to be $268,000. Attachment cc: Thomas G. Bradford, Deputy Town Manager Department Directors 172 RESOLUTION NO. 63-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, INCREASING FINES FOR PARKING, PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town has determined that the fines for parking tickets should be increased. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, AS FOLLOWS: Section 1. The foregoing recitals are hereby ratified and confirmed. Section 2. This Resolution is hereby adopted to include the fines indicated below: Type of Fee/Fine/Penalty Amount Overtime Parking as referenced in Section 118-92(a)(1) $35.00 $60.00 Parking on wrong side of street as referenced in Section 118-92(a)(2) $35.00 $60.00 Parking at yellow curb as referenced in Section 118-92(a)(3) $5.00 $60.00 Blocking driveway as referenced in Section 118-92(a)(4) $35.00 $60.00 Parking on sidewalk as referenced in Section 118-92(a)(5) $35.00 $60.00 Trespassing by vehicle as referenced in Section 118-92(a)(6) $5.00 $60.00 No Parking(designated hours) as referenced in Section 118-92(a)(7) $35.00 $60.00 Parking too close to fire hydrant as referenced in Section 118-92 $40.00 (a)($) $65.00 Expired Meter as referenced in Section 118-92(a)(17) $5.00 $60.00 No parking anytime as referenced in Section 118-92(a)(9) $5.00 $60.00 Double parking as referenced in Section 118-92(a)(10) $35.00 $60.00 Obstructing traffic as referenced in Section 118-92(a)(11) $5.00 $60.00 Parking in loading zone as referenced in Section 118-92(a)(12) $5-99 Resolution No. 63-11 Page 1 of 3 173 $60.00 Residential parking as referenced in Section 118-92(a)(13) $5.00 $60.00 Vehicle parked across lines designating parking space as referenced X5-00 in Section 118-92(a)(14) $60.00 Vehicle parked in wrong direction on one-way street as referenced in $35.00 Section 118-92(a)(15) $60.00 Parking at curbs designated in red as referenced in Section 118-92 X5-99 (a)(16) $60.00 Official parking only as referenced in Section 118-92(a)(18) $35.09 $60.00 Parking in crosswalk as referenced in Section 118-92(a)(19) $35.09 $60.00 Parking in passenger loading zone as referenced in Section 118-92 X5.99 (a)(20) $60.00 Overtime parking in a designated parking zone (in addition to any X5-09 other parking regulation violation noted at the time of fine issuance) $60.00 as referenced in Section 118-92(a)(21) All other parking violations as prescribed by appropriate state statue $35.00 or other Town ordinance as referenced in Section 118-92(b) $60.00 Failure to pay penalties for violations of sections 118-91 and 118-92 $20.00 within seven days from the time of issuance of the violation shall result in an additional delinquency penalty to the violator as referenced in Section 118-93 Failure to pay penalties and delinquency assessments for violations of $20.00 sections 118-91 and 118-92 and in accordance with section 118-93 within 60 days of issuance of the parking violation shall result in a service charge to the violator per citation in addition to the cost of the violation and delinquent penalty as referenced in Section 118-94 Failure to pay penalties and delinquency assessments for violations of $25.00 sections 118-91 and 118-92 and in accordance with section 118-93 within 90 days of issuance of the parking violation shall result in an additional service charge to the violator per citation in addition to the cost of the violation of the original delinquent penalty and service charge as referenced in Section 118-94 Fee for removal of an immobilizing device as referenced in Section $350.00 118-95 (2) Failure to pay parking overtime penalty within the time provided in $10.00 section 118-133 (7 days) shall result in an additional delinquency penalty to the violator as referenced in Section 118-127(b) Resolution No. 63-11 Page 2 of 3 174 Failure to pay penalties and delinquency assessments for violations of $20.00 section 118-127 and in accordance with section 118-133 within 60 days of issuance of the parking violation shall result in a service charge to the violator per citation in addition to the cost of the violation and delinquent penalty as referenced in Section 118-128 (a) Failure to pay penalties and delinquency assessments for violations of $25.00 section 118-127 and in accordance with section 118-133 within 90 days of issuance of the parking violation shall result in an additional service charge to the violator per citation in addition to the cost of the violation,the original delinquent penalty and service charge as referenced in Section 118-128 (b) Section 3. This Resolution shall become effective as of October 1,2011. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 9th day of August,2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Town Council President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid,Town Council Member Susan A. Owens,Town Clerk Michael J. Pucillo,Town Council Member Resolution No. 63-11 Page 3 of 3 175 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - Old Business Agenda Title Mid-Town Beach Restroom Alternatives Presenter H. Paul Brazil, Director of Public Works Supporting Documents • Memorandum dated July 26, 2011, from H. Paul Brazil, Director of Public Works. • Feasibility Study -Bridges, Marsh& Associates • FDEP Letter to Mayor dated July 15, 2011 176 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 TO: Mayor and Town Council VIA: Peter B. Elwell, Town Manager FROM: H. Paul Brazil, Director of Public Works RE: Mid-Town Beach Restroom Alternatives DATE: July 26, 2011 STAFF RECOMMENDATION Staff requests that Town Council review alternatives for public amenities (both restroom and parking) and to provide any direction deemed necessary. GENERAL INFORMATION MID-TOWN RESTROOM ALTERNATIVES Bridges, Marsh, & Associates, Inc. conducted a feasibility study for locating public restrooms at Mid-Town Municipal Beach. The report is attached to this memorandum in its entirety. Two options were evaluated, including: Alternative "A": This alternative consists of remodeling the existing Ocean Rescue building at Chilean Avenue and South Ocean Boulevard. The existing hedges between the sidewalk and the building would be removed to accommodate a ramp that will meet the Americans with Disabilities Act (ADA) requirements. The ladies' room would have two stalls(one ADA)and the men's room would have two urinals and one stall (ADA). Ocean Rescue will be able to maintain office space but it will be approximately one third the size of their existing space. We anticipate having to provide storage for this work group at another Town facility. One distinct advantage of this alternative is that there is no visual change to the area with the exception of the new ramp along the sidewalk. The engineer's estimate for this alternative is approximately $175,000 and does not include an owner's contingency. Additionally, we have not been able to fully investigate retrofitting the existing structure with a self cleaning system,but will do so if this alternative is selected. 177 Alternative `B": The second alternative consists of constructing a new building at the northern end of midtown beach (north of Royal Palm Way). This would provide the same number of fixtures as the first alternative and would be designed to meet ADA requirements. One distinct disadvantage of this alternative is that there is a visual change to the area. The proposed location adjacent to an existing hedge line minimizes the impact but cannot eliminate it. An advantage of a new structure is that it will be easier to fit with a self cleaning system. The engineer's estimate for this alternative is approximately $200,000 and does not include an owner's contingency. We have not been able to fully investigate outfitting the structure with a self cleaning system,but will do so if this alternative is selected. SPECIAL CONSIDERATIONS Should Town Council authorize constructing one of the restroom alternatives, Town staff would need to negotiate with FDEP staff for the timing of eliminating the Clarke Public Beach parking without violating the terms of the 06PB4 agreement. The Florida Department of Environmental Protection(FDEP),receives annual funding requests from local sponsors for State cost sharing under their Beach Management Funding Assistance (BMFA) Program.The Town submitted the FY 2012 request,following Town Council approval,on July 13, 2011. Florida Legislature annually approves funding to support State cost sharing participation through the FDEP BMFA program, allowing up to 50% cost sharing on the non-Federal portion of coastal projects. Despite applicability to the State's Strategic Beach Management Plan, there are no guarantees that Town coastal projects will receive state funding until a grant agreement contract is in place. In addition to the planned nourishments in Mid-Town, State cost sharing participation is often applied to the non-Federal cost of projects constructed in response to a hurricane. FEMA cost sharing is maximized at 75%total project cost;therefore,State cost sharing would be applied to the remaining non-Federal 25% of the total project cost. Even though the recent economic state has influenced Florida Legislature to reduce funding for the FDEP BMFA program, history has shown that an influx of State funding for coastal management projects often occurs following significant natural disasters. 178 SHORELINE ELIGIBILITY The percentage of participation is calculated using guidelines contained in the Florida Administrative Code, 6213-36. The percent eligible calculation of State funding participation, previously agreed to by FDEP and the Town,has been 72.36, so 36.18%of total project cost was reimbursed by the State for activities related to the 2006 Mid-Town Beach Nourishment Project. Through an extensive review of the applicable Florida Administrative Code language,coupled with a detailed site evaluation of public accessibility, we have determined that the Town should be eligible for State funding assistance on approximately 85% of this shoreline. In other words the existing conditions in Reaches 3 and 4 warrant a State funding participation equal to approximately 85%eligibility,or approximately 42.5% of total project cost. This increase is subject to FDEP staff review and field confirmation. The revised calculation includes each public parking space with 1/4-mile of a public beach access point,the Breakers property publicly accessible shoreline through public lodging,corrections to the public right-of-way widths, and the widths of Clarke Beach and Mid-Town Municipal Beach. The 2006 FDEP grant agreement with the Town referenced the distribution of 43 public parking spaces in Reach 3 between Wells Road(9 spaces),Dunbar Road(11 spaces),Atlantic Avenue(23 spaces), and Sunset Avenue (0 spaces). Reach 3 The 43 spaces in Reach 3 were likely referenced as existing conditions at the time the agreement was being negotiated. A reevaluation of the Florida Administrative Code has suggested that proper distribution of the 43 public parking spaces with respect to the 1/4-mile distance from the beach accesses improves the calculation of shoreline eligibility. With the existing parking on North County Road, there are many spaces which are located within 1/4-mile distance from more than one of the referenced beach accesses of Wells Road,Dunbar Road,or Atlantic Avenue. For instance,Dunbar Road is located approximately 400 feet from Wells Road and approximately 300 feet from Atlantic Avenue. As long as Wells Road has at least 8 spaces and Atlantic Avenue has 6 spaces, Dunbar Road does not need any to bridge the gap of shoreline eligibility. Because each public parking space provides cost sharing eligibility shore parallel both north and south, having 11 spaces applicable to Dunbar Road does not maximize cost sharing; therefore, by applying these same spaces to either Wells Road(heading north)or Atlantic Avenue(heading south), shoreline eligibility is stretched to get the most cost sharing out of each parking space by eliminating overlap. The parking on the 100 block of Sunset Avenue is not open to the public; therefore, the 06PB4 agreement recognizes 0 parking spaces for the Sunset Avenue public beach access. There are eight (8) public parking spaces located on the east side of North County Road, immediately north of Sunset Avenue, within 1/4-mile walking distance from the Sunset Avenue beach access. By 179 including these 8 spaces in the calculation, coupled with the corrected width of the access (48 feet, rather than 45 feet in FDEP's 06PB4 calculation),the shoreline eligibility for the Mid-Town project is effectively increased by nearly 850 feet. Reach 4 The Breakers property was not included in the 06PB4 agreement. The Florida Administrative Code considers public lodging as publicly accessible and the shoreline length of the property is to be included as eligible for State cost sharing. While much of the Breakers shoreline was included in the State's cost sharing calculation, through the parking at Clarke Avenue Public Park,this section of shoreline could have been included without the need for public parking. 25 public parking spaces within 1/4-mile of Clarke Avenue Public Park(Clarke Beach)are currently required within the Town's 06PB4 agreement with FDEP. In addition,98 public parking spaces are currently required within 1/4-mile of the Town's Mid-Town Municipal Beach. Current public parking for Mid-Town Municipal Beach far surpasses the 98 space requirement. The Town's Local Government Funding Request, submitted to FDEP in July 2011, requested a correction to the State's funding participation percentage to include the Breakers property as a public lodging establishment within the Mid-Town project area. This correction will be applied to future grant agreements pertaining to the Mid-Town project area. The addition of a restroom facility at Mid-Town Municipal Beach would increase the shoreline eligibility within the Mid-Town project area from approximately 85%to more than 94%. The only section of beach within the Mid-Town project area ineligible for State cost sharing participation would be approximately 850 feet north of the Breakers' property, outside of the current reach from the Sunset Avenue secondary access. This 850-foot section could become eligible should the Town reallocate 16 parking spaces on Sunset Avenue from permit only to public parking. The addition of the 16 parking spaces on Sunset Avenue would maximize State participation for the Mid-Town project at 100% eligible or 50% cost sharing. CLARKE PUBLIC BEACH PARKING Prior to the first Mid-Town restoration (early 1990's)until recently changed to permit only(except for specific spaces signed for public use), 25 spaces on Clarke Avenue were available to the public during weekdays only. The parking spaces were utilized for State cost sharing participation. In order for the parking spaces to comply with FDEP policy and the 06PB4 agreement, parking is to be available on an"equal basis"for the same hours that the beach is open(7 days per week, Sam to 6pm). 180 Following a notice of noncompliance from FDEP, staff brought the Clarke Avenue parking matter before Council in May 2009. Since that initial meeting, Town Council has further considered and acted upon this matter on June 9, 2009,July 13, 2010,August 10, 2010,February 3, 2011, and May 10, 2011. Restrooms were brought up as a potential solution to eliminate the public parking at Clarke Public Beach. At the May 2011 Town Council meeting,Council decided to temporarily split up the parking spaces onto Clarke and the adjacent residential streets and reevaluate the situation following completion of a restroom feasibility study. The existing parking conditions, based upon direction from the Town Council on May 10,2011, and approval by the Town Manager on May 12,2011,the distribution and assignment of the 2-hour publicly accessible spaces for the Clarke Public Beach are as follows: five(5)on 100-block Seaview Avenue,four(4)on 100-block Seaspray Avenue,four(4) 100-block Seabreeze Avenue,four(4)200-block Clarke Avenue,four(4) 100-block Clarke Avenue, and four(4) 100-block Barton Avenue. The residents on Clarke Avenue and the 100 blocks of Barton Avenue and the"Sea Streets"continue to be concerned about the impacts to their neighborhood from the use of these public parking spaces. Residents have reported that use of Clarke Public Beach has increased after the parking rates at Mid- Town beach were raised to $5.00 per hour last year. Staff has identified four alternatives for Town Council consideration with respect to the public parking spaces associated with Clarke Public Beach: 1. No Further Change - Leave the parking as currently configured. The 25 parking space obligation is required for period of 10 years since the last amended agreement (to be complete December 2019). Result No additional cost to the Town. 2. Install Restrooms at Mid-Town Municipal Beach. This would increase the reach of eligibility to State funding participation from 1/4 mile to 1/2 mile in either shore parallel direction. This would increase grant eligibility for future projects to approximately 94%. This includes the elimination of all parking spaces at Clarke Public Beach. Result Initial Cost: • Alternative"A"(Existing Lifeguard Facility),Estimated Cost$200,000 with contingency. • Alternative `B" (New Facility near Royal Palm Way), Estimated Cost $225,000 with contingency. Future Savings: Based on SPB Current 10-Year Plan,in excess of$2.6 Million from 181 the most recent Mid-Town grant agreement(06PB4). [Pending Florida Legislature] 3. Return payment of $373,000 to FDEP for State funding participation received from previous projects. This would reduce grant eligibility for future projects to approximately 69.6%. This includes an elimination of all parking spaces at Clarke Public Beach without the addition of restrooms. Result Initial Cost: $373,000 Future Cost: Based on SPB Current 10-Year Plan,in excess of$300,000 from the most recent Mid-Town grant agreement(06PB4). 4. Contest 25 space requirement and request settlement to adjust to 7 spaces. No bathrooms. This should keep the cost sharing percentages the same as existing conditions with the correction of classifying the Breakers shoreline as eligible due to 6213-36.002 (12), public lodging establishment. Result Unknown. Because the existing grant agreement has expired,FDEP staff has clearly informed Town staff that no amendments or changes can be made to this agreement. Any negotiated agreement would need to be performed through a settlement. Legal fees cannot be estimated at this time. On July 20,2011,the Town received a letter from FDEP Deputy Secretary Jeff Littlejohn. The letter (attached)expressed support for installation of public restrooms at Mid-Town Municipal Beach to both increase State funding eligibility and to satisfy the Town's current obligation for "certain parking spaces that are already designated as public" (ie. Clarke Public Beach). FUNDING/FISCAL IMPACT Restroom design/permitting/construction costs were not considered in the Shore Protection Board's recommended FY 2012 coastal budget or 10-year plan. The Town's General Coastal Fund does not have funding appropriated for the restroom. RW Attachments cc: Shore Protection Board James M. Bowser, P.E., Town Engineer Robert Weber, Coastal Coordinator Lynda Venne, Purchasing Agent 182 co 00 . g .: wall, FL z co� A T .. .. , JR, 0 00 1r:� cn LL rp- Jo aL4 a r u N ... RIDGES MARSH M CI:AT ES TOWN OF PALM BEACH PUBLIC BATHROOM FACILITY FEASIBILITY STUDY: Introduction: The Town of Palm Beach (Town) has been asked to review options for locating new bathroom facilities at the public beach area. This study will address two options: A. Remodeling the existing Town Lifeguard building at Chilean and South Ocean Blvd. to accommodate bathroom facilities. B. Construct a free standing new building at the intersection of Royal Palm Way and South Ocean Blvd. to accommodate bathroom facilities. Both sites are east of South Ocean Blvd. and are east of the Coastal Construction Control Line (CCCL) established by the Department of Environmental Protection (DEP) Exhibit 1. 1 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 184 RILGES"� MARSH A CIA`E 4LT'EIRJUAr1� NE /1 FACILI / rl ✓ v r 1� r r E , it y v fir✓ ,� �, ri�� >}^ / '��f� � � o t �t4: �� �f� �` ALTE3A ,. FAC � E i-S 00, � � EXHIBIT 1- AERIAL SITE PLAN 2 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 185 ASSOCI,ATES ALTERNATE `A': Existing Photographs: f {l r'r✓9� r /rr rrr 'dr��lr��� ✓ � r /rI�r�/��� rrr"li��'��t��351 f a r a Y r r ;����� r✓ f�fi I�W t�4�E 11�i('�'W�F����Iq�iy Wt���� rr „ //r ✓r rrr 4J�a 9 t/ rrr �f f ml '�rd s � " 3 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 186 RIDGES, I ARSH & ASSOCI,ATES D.E.P. Impacts: DEP is not likely to object to the bathroom facilities. However, the proposed northern ramp (concrete)may be a cause of concern for DEP due to the seaward extent of new construction and if significant excavation is required. Provided that all excavated material associated with the project may be accommodated in the immediate area as fill (i.e. no net excavation). Excavation/fill requirements and the existing seawall design must be confirmed and, notwithstanding these issues, I believe DEP permitting may still be a challenge. Allow 5 months from date the CCCL permit application submittal to obtain the DEP final order. Note that all variances, special exceptions, or other special Town Council approvals, if required, must be granted prior to the submittal of the CCCL permit application Utility Services Impact: Water service will reconnect to the existing service. Sanitary Sewer service is currently provided by grinder station G-9. 4 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 187 BRIDGES� MARSH Preliminary Plans See SK-1 5 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 188 BRIDGES MARSH ASSDCIATES,INC CRA EI®t®AEC91T8C13 Al, asz joss .;: es:,bw _____ ____ _ _I�NEw sLaPEO ncs�rneLE anuama> I I I —___ „z.H�sosw�K II ____J----------------------- __-_ — WEST ELEVATION iDIN D➢Pull BuCB s-o s-o BBACH BATBRODNS FLORIDA RAM[ DOWN . r HEA a CH LIFEGUAR S noon - ---- _-----_ :_ �'� C° OFFICE ®,evem�oe .y� z MEN'S R o ]JAN. LAD S I — ao L - rJ ——__ AMP DGWN--------------- zs RAMP DOWN —o.00 s—o ,�z novco occcrnaic ,�e scvEO necESSissc aeua 5-0 EXISTING 5 SIDEWALK EXISTING 5 SIDEWALK EXISTING 5 SIDEWALK SOUTH OCEAN BLVD ° ®® PROPOSED FLOOR PLAN — ALTERNATE A (�) p ®® NORTH SHEET LEGEND .....I IX—El N'T�T TA, L EO....... REMaNEMary o SK-1 BRIDGES MARSH A CI:'ATE 5 Improvement Costs ALTERNATE A-RENOVATION OF EXISTING LIFE GUARD STATION AT CHILEAN AND SOUTH OCEAN BOULEVARD ORDER OF MAGNITUDE BUDGET COST ESTIMATE SUMMARY Item 1_ Contractors General Requirements 42,713 2 Alterations and Additions Construction Work 96,127 138,840 3 Estimating Conti ngencyAllowance 5.00% 6,942 145,781 4 Contractor's OHP 12.00% 17,494 163,275 5 Owner's Construction Conti ngencyAllowance n.i.c. 0 163,275 6 Professional Fees and Expenses 8.00% 13,062 $176,337 Note Costs involved in removal and relcation of Life Guard Accomodation excluded rounded to 7/21/19 ESTIMATE TOTAL $175.000 6 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 190 BRIDGES"; ARS A tI TE Item GENERAL REQUIREMENTS quantity unit unit rate $ PRICE AND PAYMENT PROCEDURES ALLOWANCES 1 Conti ngencyAllowance See Summary 0 ADMINISTRATIVE REQUIREMENTS 2 Permit Fee By Owner 0 3 Impact Fee-By Owner n/a 0 4 Performance and Payment Bonds n/a 0 5 Insurance-Builders Risk ±0.50% of Subtotal 1,000 6 Insurance-Public Liability ±1.25% of Subtotal 2,250 7 Overheads and Profit See Summary 0 8 Chief Project Manaqer n/a 0 9 Project Manaqer - 10% part time 5 mths. 1,031 5,156 10 Supervisor-50%part time 5 mths. 3,781 18,906 11 Site Clerk n/a 0 12 Estimator n/a 0 13 General Purpose...Laborer __.n/a 0 _.14 Construction Photographs/Video n/a 0 15 Progress Schedules and Reports n/a 0 1.6 Network Analysis...Schedules n/a 0 QUALITY_REQUIREMENTS 17 ,Mockups _ n/a 0 18 Testinq and Inspection Services... n/a 0 19 Testing Laboratories Service n/a 0 TEMPORARY FACILITIES AND CONTROLS Temporary Utilities 20 Installation and Maintenance of Temporary E lectri city LS 500 21 Temporary Electricity 5 mths. 100.00 500 22 Temporary Fire Protection 5 mths. 50.00 250 23 Temporary Liqhtinq 5 _mths. 100.00 500 24 Temporary Telephone 5 mths. 400.00 2,000 25 Temporary Water_ 5 _mths. 100.00 500 Construction Facilities 26 Field Offices and Sheds n/a 0 27 IFirstAid 5 mths. 100.00 500 28 Sanitary Facilities n/a 0 Construction Aids 29 ConstructionScaffoldinq_ n/a _ ' 0 30 Construction Crane n/a 0 31 Miscellaneous Construction Aids 5 mths. 250.00 1,250 Vehicular and other Access and Parking 32 Parki nq Areas/Monthly charges 5 mths. 150,00 750 33 Temporary_Roads. n/a 0 34 Traffic Control n/a 0 35 Phasing n/a 0 36 Staging Area __.LS 1,500 37 Worker Transport n/a 0 carried forward $35,563 2. 7 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 191 BRIDGES� MARSH Item TEMPORARY FACILITIES AND CONTROLS (cont'd ) brought forward $35,563 quantity unit unit rate Temporary Barriers and Enclosures_ 1 Barriers 5 mths. 150.00 750 2.. Dust Controls 5 mths. 150.00 750 3 Fences 5 mths. 250.00 1,250 4 Protective Walkways n/a 0 5_ Weather Protection LS 1,000 6 Tree and Plant Protection n/a 0 7 Watching/Security _n/a 0 Temporary Controls 8 Pollution Control n/a 0 Project Identification 9 Project Siqn LS 500 Preparation 10 Construction layout n/a 0 11 Field Engineering n/a 0 12 Protection of adjacent Construction n/a 0 13 Surveying n/a _.0 14 Small tools 5 mths. 100.00 500 Cleaning 15 Final Cleaning LS 500 _.16 Progress.Cleaning 5 mths. 50,00 300 17 Dumpster_(2 only) LS 1,000 18 Site Maintenance 5 mths 100.00 600 Closeout Submittals 19 Final Site Survey.... _n/a 0 FACILITY OPERATION__ Commissioning__ 20 Testinq,adjusting and balancing_ By Subcontractors 0 21 As builts, manuals etc. By Subcontractors 0 To Summary $42,713 3. 8 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 192 BRIDGES"; ARS A CI TE Item Demolitions quantity unit unit rate $ 1 Clear/prepare/mobilize site ready for demolition LS 500 Planting and Irrigation 2 Plantinq 4,000 3 Irrigation 1,000 Take out or work as necessary to the following and remove from site 4 Internal partitions LS 500 5 Staircases 2 Ea. 500.00 1,000 6 Sanitary Fixtures LS 1,000 7 Doors and frames 5 Ea. 100.00 500 Concrete 8 Ramp and landings 416 SF 20.00 8,320 9 Broom finish 416 SF 2.00 832 10 Ramp wall ,footings and finish 154 LF 75.00 11,550 Metals 11 Ramp handrail to wall on brackets 190 LF 50.00 9,500 Doors and Windows 12 External door,frame and hardware 2 Ea. 1,500.00 3,000 13 Internal ditto 5 Ea. 1,000.00 5,000 14 Ameliatorywork to eight existing windows LS 1,000 Finishes 15 Internal partitions_with finishes 720 SF 7.50 5,400 16 Floor finish to bathrooms_ 580 SF _ 3.00 1.,740 17 Touch up/.redecorate building externally LS 2,000 18 Clean and repaint ceilings 580_ SF 2,00 1,160 carried forward $58,002 4. 9 NNIFAMENNERNEREM 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 193 BRIDGES� MARSH brought forward $58,002 quantity unit unit rate Bathroom Accessories 9 WC Compartment 6'wide,with one door 2 Ea. 1,500.00 3,000 2 Urinal division 1 Ea. 400.00 400 3 Toilet roll holder 4 Ea. 75.00 300 4.. Handicap...grab rails 4 Ea. 150.00 .........600 5 Paper towel dispenser/disposer 3 Ea. 300.00 900 6 Sanitary napkin dispenser 1 _Ea 250.00 .........250 7 Soap dispenser wall mounted 5 Ea. 100.00 500 8 Mirrors 5 Ea. 200.00 1,000 9 Shower curtain and rail 1 Ea. 100.00 100 Mechanical Plumbing, including hooking up fixtures to existing services 10 WC 4 Ea. '.. 1,750.00 7,000 99 Wall hung wash basin 4 Ea. 1,500.00 6,000 _.12. Urinal 2 Ea. .....1,250..00 .2.,500 13 New shower head 1 Ea. 250.00 250 14 Hook up costs LS 2,000 Ventilation 15 Ventilation installation LS 2,500 Electrical 16 Electrical installation, liqhtfixtures etc 800 SF 10.00 8,000 17 Buildert's Work in connection with M& E 10.00% 28,250.00 2,825 To Summary $96,127 10 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 194 BRIDGES MARSH & M CI:A`T E S Pros: - Utilizing an existing building structure - Visibly no additional modification to existing building - More central to public beach access area - Available existing utility services - Modest improvement costs Cons: - Relocating Lifeguard facilities—impact to current operation - Long ramp approach due to low existing floor elevation—impact to dune profile - Not the best utilization of space requires longer footprint than freestanding new building - Removal of existing foundation planting on west side of existing building adjacent to the street 11 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 195 BRIDGES";-:MARSH & A (SCI TES ALTERNATE `B': Existing Photographs: !` � � I�S���)tiF��7�ari,�rr� �rll✓� l✓ l /l )off.�Z�,��43`��3a y r� ,✓j/a�i/ , ` �'����s��F ���r�l���l�f r✓„ ill /!i� ���,�l ll�✓s'rfa /r � i r stytjrl j r, /�(i j i� w n`� r���`- f fa t{ri/)rrf ii ✓i r tF' ��J �✓.li d��tra �fr'3y /3i. , �� r r7t/ �``'f9 r tcu?f>�l/!1t Sftt ,'S;✓� 6a� 1 y r rt�Y} r? �`✓i��rl�jf{.�'zF�a.`i'�,afJ sF f�,r-`,rr rs �'r✓/ 'I �TF�'a'�i'a✓ir s'� a� �c�U)rf i��s"l F S F"/�'v✓c' l�alro' ✓✓r 'rs ��r/ ✓c'' ',r;1r s a� ����,4�21�����I>3���rt r pp a f ✓ 1 �f Y t� 12 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 196 .IDLES, I ARSH & ASSOCI,ATES D.E.P. Impacts DEP may render a favorable recommendation for this alternative, based on the seaward siting of the proposed bathrooms, in comparison to existing structures (cabanas and a pool) north of the proposed site. Allow 5 months from date the CCCL permit application submittal to obtain the DEP final order. Note that all variances, special exceptions, or other special Town Council approvals, if required, must be granted prior to the submittal of the CCCL permit application. Utility Services Impact: A 6" watermain exists on Ocean Blvd. which can be tapped for a water service. The service line should be a minimum of F. Sanitary sewer service would need to be achieved through the use of a low pressure grinder station and forcemain connection to the existing 20" PVC forcemain in Ocean Boulevard. 13 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 197 BRIDGES� MARSH Preliminary Plans: See SK-2 14 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 198 M RSH.INC'1'8CB.ss joss yaw EAST ELEVATION BEACH ACCESS EXISTING SEAWALL / ir+aA$%%Aurvoov `NEW fi SIDEWALK 101N OF PALM®,ICH Aarv.Ery srvao BPAC9 BA'INRWNS DIN *E—EELE SLIDING DECORATIVE DOORS PALM BEACH FLORIDA WEST ELEVATION PLOOR P]AN n ®,EVATION — ttro e1waEL me eooE LMEN, MEN EXISTING LANDSCAPING TO REMAIN Aorva.ow� o L ZNEW 10'SIDEWALK? AwM-L—Ela.,�.E 1 _a JAN. ol- NORTH ELEVATION cLAV eAaaEL Eiu_aooE `EXISTING S SIDEWALK °nu�uowo SOUTH OCEAN BLVD p ®� ALUMrvVMLOU�EA.<a PROPOSED FLOOR PLAN — ALTERNATE B ��9•_�•_o• NORTH SOUTH ELEVATION SHEET LEGEND ry,E111-ao ory 1a REMaryEMAry n'o rvo�AE=rvEww000•A,�rva SK-2 ASSOCI,ATES Improvement Costs: ALTERNATE B -NEW FREESTANDING BUILDING AT ROYAL PALM WAYAND SOUTH OCEAN BOULEVARD ORDER OF MAGNITUDE BUDGET COST ESTIMATE SUMMARY Item $ 1 Contractor's General Requirements 35,000 2 New Construction Work 119,739 154,739 3 Estimatinq Conti ngencvAllowance 5.00% 7,737 162,476 4 Contractor's OHP 12.00% 19,497 181,973 s Owner's Construction ContingencV Allowance n.i.c. 0 181,973 6 Professional Fees and Expenses 9.00% 16,378 $198,351 rounded to 7/21/11 ESTIMATE TOTAL $200.000 1 15 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 200 BRIDGES MARSH A CI:'ATE Item TEMPORARY FACILITIES AND CONTROLS (cont'd ) brought forward $29,500 quantity unit unit rate Temporary Barriers and Enclosures 1 Barriers 4 mths. 150.00 600 2 "Dust Controls 4 mths. 150.00 600 3 Fences 4 mths. 250.00 1,000 4 Protective Walkways n/a 0 5 Weather Protection n/a 0 6 Tree and Plant Protection n/a 0 7 Watchinq/Security _n/a 0 Temporary Controls 8 Pollution Control n/a 0 Project Identification 9 Project Sign _LS 500 Preparation 10 Construction layout n/a 0 11 Field Engjneerinq.. _.n/a 0 12 Protection of adjacent Construction n/a 0 13 Surveying n/a 0 14 Small tools 4 mths. 100.00 400 Cleaning 15 Final Cleaninq LS 500 16 Progress Cleaninq 4 mths. 50.00 300 17 Dumpster_(2 only) LS 1,000 18 Site Maintenance 4 mths 100.00 600 Closeout Submittals 19 Final Site Survey 0 FACILITY OPERATION Commissioning 20 Testing,adjustinq and balancing By Subcontractors 0 21 As builts, manuals etc. By Subcontractors 0 To Summary $35,000 3. 16 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 201 BRIDGES"; ARS A CI TE Item Demolitions quantity unit unit rate $ 1 Clear/prepare/mobilize site ready for demolition LS 500 Planting and Irrigation 2 Planting 2,500 3 Irrigation 1,000 Concrete 4 Pilinq Mobilization LS 2,500 5 Pilinq LS 10,000 6 Slab on grade assembly 468 SF 10.00 4,680 7 Grade beams 11 CY 500.00 5,500 8 Sidewalk 80 SF 7.50 600 9 Broom finish 548 SF 2.00 1,096 Masonry 10 '.6" Masonrywall internal 279 SF 7.50 2,093 11 '.8" Masonrywall, external, reinforced 880 SF 10.00 8,800 Doors and Windows 12 External grille door,8'wide overall,sliding,two leaves,frame and hardware 1 Ea. 5,000.00 5,000 _.13. Window,4'..x2' 2 _Ea. ..500.00 ...1..,000 14 Louvre panel, 3'x 6' 2 Ea. 750.00 1,500 Carpentry 15 Roof trusses 588 SF 5.00 2,940 16 Vanity top 4'wide,with one bowl aperture 1 Ea. 500.00 500 17 Ditto, 5' 1 Ea. 750.00 750 Roofing 18 Roof assembly, barrel tile 676 SF 17.50 11,830 19 Eaves assembly 98 LF 20.00 1,960 carried forward $64,749 4 17 NNIFAMENNERNEREM 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 202 BRIDGES"; ARS A CI TE brought forward $64,749 Finishes quantity unit unit rate 1 Internal partitions with finishes 108 SF 10.00 1,080 2 Floor finish to bathrooms 408 SF 3.00 1,224 3.. Wall finishes internally 1,296 SF 2.50 2,000 4 Ceilinq finishes 408 SF 5.00 2,040 5 External stucco and painting 792 SF 5.00 3,960 6 Stucco band 88 LF 5.00 440 Bathroom Accessories 7 WC Compartment 8'wide,with two doors 1 Ea. 1,500.00 1,500 8 Ditto, 12'wide 1 ! Ea. 2,000.00 2,000 9 WC division 7' long 1 Ea. 500.00 500 10 Urinal division 2 Ea. 400.00 800 11 Toilet roll holder 3 Ea. 75.00 225 12 Handicap grab rails 4 Ea. 150.00 600 13 Paper towel dispenser/disposer 2 Ea. 300.00 600 14 Sanitary napkin dispenser 1 Ea 250.00 250 15 Soap dispenser wall mounted 4 Ea. 100.00 400 16 Mirrors 4 Ea. 200.00 800 Plumbing,. including hooking up fixtures to existing services 11 WC 3 Ea. 1,750.00 5,250 12 Wall hunq wash basin 2 Ea. 1,500.00 3,000 13 VanitYditto 2 Ea. 1,000.00 2,000 14 Urinal 2 Ea. 1,250.00 2,500 Hook up costs, includinq sewage pump/grinderetc LS 16,000 Ventilation 15 Ventilation installation LS 2,000 Electrical 16 Electrical installation, light fixtures etc 408 SF 10.00 4,080 17 Buildert's Work in connection with M& E ! 5.00% 34,830.00 1,742 To Summary $119,739 18 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 203 BRIDGES MARSH & M CI:1A`T E S Pros: - New systems and structure - Isolated on beach area— allows existing Lifeguard facility to remain unchanged. - Less impact to existing dune profile Cons: - Creates an elevated structure along beachfront area. - More remote for serving public beach access area - More adjacent to existing residential neighborhoods - Reduces existing open green space - Higher improvement costs 19 18 Via Mizner Palm Beach, Florida 33480 561-832-1533 204 taoN of Environmental ProLcction -Of F R 3900 cooaaarroanvo�;Iila Bo3atl wird Talkjhasscc, Horidi 323`1°9,3t�t-1t:} ,. )trly 15, 2011 The Honorable Gail Coanil;lioa, Nlayoar. "f`cavvn of Palm Beach 360 Stromlo County Road Palrn Beach, Florida 3348 fear Nilavcar Coniglioa: Please accept this letter expressing the Florida Delmrtnaent of Environmental Protection's (1 EP) support for the installation of public restro_aoanas at ,klicl-Town Municipal Beach. The addition of such a facility will improve eligibility and provide the opportunity° for the To xvii of Pahn Beach to receive increased state coast sharing, through the DEP°s Beach Nlanagernent Funding Assistance Program (Pro gran-i)"adi-ninisterecl through the Department's Bureau of Beaches and Coastal Svstenas. Currently,public access at Mid-Town Beach is identified as a "secondary access" under DEP's rules. By adding,public restroatanas, the Micl-'fora Municipal Beach will qualify as a "primary access" and, consequently, iinproave eligibility for Program fundin};. The addition of restroorns; will allow the Town to reallocate certain parking spaces that are alreadN,, designated as public to be used for tlae To wn"s eligibility calculation. If you have any questions regarding this matter, Please feel free to contact me or lvlr N-liclaaael Barnett, P,I ., Chief of DEP's Bureau of Beaches and Coastal Systems, at ( 5fl)488-7808. "Icerel Y. Jeff .ittlejohn, P.E. Del uh,Secretary for Regmiatory Programs cc: '-liclaaael Barnett, Bureau of Beaches and Coastal Systems, D P Peter Elivell,Town of Palm Beach Paul Brazil,wl"trwn of Palm Beach Rob Weber,To wn of Palrn Beach rt. JUL 2 0 2011 205 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - Old Business Agenda Title RESOLUTION NO. 61-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving State Grant Renewal of FDEP Contract No. I IPB3, Between the State of Florida Department of Environmental Protection and the Town of Palm Beach Under the Bureau of Beaches and Coastal Systems Florida Beach Management Funding Assistance Program for the South End Palm Beach Restoration, Reach 8, and Authorizing the Town Council President to Execute Same on Behalf of the Town. Presenter H. Paul Brazil, Director of Public Works Supporting Documents • Memorandum dated July 26, 2011, from H. Paul Brazil, Director of Public Works. • Resolution No. 61-11 • Contract IIPB3 206 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 TO: Mayor and Town Council FROM: Peter B. Elwell, Town Manager RE: State Grant Renewal - Reach 8 Resolution No.61-11 DATE: July 26, 2011 STAFF RECOMMENDATION Staff recommends that Town Council approve Resolution No.61-11,authorizing the Town Council President to sign Florida Department of Environmental Protection (FDEP) agreement I IPB3 for State cost sharing participation with the South End Palm Beach Restoration Project. GENERAL INFORMATION FDEP grant agreement 07PB6, South End Palm Beach Restoration, Reach 8, expired on June 30, 2011. FDEP agreement I IPB3 is to replace 07PB6. Since the 07PB6 grant was executed and amended, the project has been revised and is currently in the permitting process with the State and Federal regulatory agencies. The funding of eligible project items(design and permitting),within FDEP contract number 07PB6,have been exhausted from the original design effort. The design and permitting scope of the revised project,currently underway, has been approved by FDEP staff and was included within the new grant agreement language. The Reach 8 beach restoration original design, corresponding with grant agreement 07PB6, had a State cost sharing participation of 40.84%, or 20.42% of the non-Federal total project cost. Permit issuance of the original design was publicly petitioned. Results from the ensuing administrative hearing determined that the Reach 8 beach restoration original design would not be permitted. A redesign of the original project was performed following Shore Protection Board (SPB) recommendation and Town Council approval. Revisions were made based on the concerns raised by the petitioners during the administrative hearing in 2009, Judge Meale's Recommended Order, and former FDEP Secretary Michael Sole's Final Order. In addition,the sand placement design was extended to the south to accommodate concerns from condominiums located at the south end of Reach 8. The revisions made to the project limits, by removing a public beach portion from the project(Lake Worth Municipal Beach) and including private beaches into the project limits (south end of Reach 8),has reduced the State's cost sharing participation from 40.84%to 24.47%. A State cost sharing participation of 24.47% equates to 12.24% of the non-Federal project cost. Staff informed the SPB on April 28,2010,that coastal related business would be performed directly with the Town Council during the summer months, until the next SPB meeting is conducted on September 29,2011. Although this item has not been presented to the SPB,the board has supported the advancement of the design/permitting work. The SPB members have been copied on this memorandum. 207 FUNDING/FISCAL IMPACT The revised project, designed to significantly minimize adverse environmental impacts, has a reduced estimated overall construction cost due to the reduction of anticipated mitigation which may be required. This reduction was taken under consideration by FDEP during a recent Statewide reversion process of grant funds performed by FDEP staff. The overall reduction of funds, approximately$770,000, will not negatively impact the Town's anticipated reimbursement should the project be constructed. With a 20.42% State cost share, consistent with the previous agreement, the grant amount of $4,800,000 would have provided State cost sharing participation for a total project amount which exceeds $23.5 million. The estimated project cost(including permitting, construction, mitigation, physical and environmental pre- and post-construction monitoring)for the South End Palm Beach Restoration project, is considerably less than $20 million. Since the permitting process is not complete,and the projects proposed impacts have not been evaluated by FDEP staff,the total project cost was rounded to $20 million for the purposes of maximizing the amount of State funding to remain allocated for the South End Palm Beach Restoration. Using the revised State participation ratio, the State intends to retain $2,448,000 for the design/permitting/construction/mitigation/monitoring of the project. The difference of$2,352,000 will likely be provided back into the FDEP Beach Management Funding Assistance program and utilized for another State eligible project. Once the 11PB3 grant is executed,Town staff will attempt to retain some of the $2,352,000 remaining funds for an southern section of the next Reach 7 nourishment project, located currently within the northern section of Reach 8. This section was included within the original 07PB6 grant agreement. Funding for the construction/mitigation/monitoring of this project has not been approved by the Shore Protection Board or been approved by Town Council. The design/permitting of this project has been funded through previous Town Council authorizations. Staff will return to the SPB and Town Council for specific recommendation and authorization for construction after permitting is complete. TOWN ATTORNEY REVIEW The resolution for this item is a standard form that has been previously reviewed and approved by the Town Attorney. In addition the Town Attorney has reviewed the DEP contract and approved it for legal form and sufficiency. Attachments cc: Shore Protection Board James M. Bowser, P.E., Town Engineer Robert Weber, Coastal Coordinator 208 RESOLUTION NO. 61-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING STATE GRANT RENEWAL OF FDEP CONTRACT NO. I IPB3,BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE TOWN OF PALM BEACH UNDER THE BUREAU OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM FOR THE SOUTH END PALM BEACH RESTORATION,REACH 8, AND AUTHORIZING THE TOWN COUNCIL PRESIDENT TO EXECUTE SAME ON BEHALF OF THE TOWN. WHEREAS,the Town of Palm Beach(Town)and the Florida Department of Environmental Protection (FDEP), have worked cooperatively by executing cost-sharing agreements related to implementing the Town's Comprehensive Coastal Management Plan; and WHEREAS,the FDEP has agreed to a 12.24%cost-share on eligible project elements related to design, permitting, construction, physical monitoring, and biological monitoring of a restored Reach 8, including a mitigation reef. NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The foregoing recitals are hereby ratified and confirmed. Section 2. The Town Council hereby authorizes the State of Florida Department of Environmental Protection (FDEP) Contract No. I IPB3 in the manner and form attached. Section 3. The Town Council President is hereby authorized to execute FDEP Contract No. I IPB3 on behalf of the Town. Section 4. Three (3) certified copies of this Resolution shall be provided to the FDEP, at 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399-3000, Mail Station 300, in accompaniment with the three (3) executed originals, within five (5) working days following completion of the Town Council President's signature. 209 PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 9th day of August 2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member Resolution No.61-11 Page 2 210 DEP AGREEMENT No: 11 P133 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR SOUTH END PALM BEACH RESTORATION THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and the TOWN OF PALM BEACH, whose address is P.O. Box 2029, Palm Beach, Florida 33480, a local government, (hereinafter referred to as the "LOCAL SPONSOR"), for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program; and, WHEREAS, pursuant to 628-36.005(1)(d), Florida Administrative Code, the LOCAL SPONSOR has resolved to support, serve as local sponsor, has the ability to perform the tasks associated with, and has demonstrated a financial commitment to the beach erosion control project as described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the SOUTH END PALM BEACH RESTORATION, (hereafter referred to as the PROJECT), as defined in Attachment A, Grant Work Plan, attached hereto and made a part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract' and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient"and "Local Sponsor"are used interchangeably. 2. This Agreement shall begin on the last date executed and end on March 31, 2013. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by (lie Department beginning on or after June 30, 2010, may be eligible for reimbursement by the DEPARTMENT, provided that the PROJECT is approved by the Department. If work identified in the approved Grant Work Plan is completed prior to time allowed in this Agreement, this Agreement may be terminated by formal amendment. 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 4. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and subject to the release of finds appropriated to the DEPARTMENT. DEP Agreement No. 11 P133, Page 1 of 9 211 6. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of design, construction, and monitoring for a beach restoration project using an upland sand source. The design plan consists of a Northern Segment and a Southern Segment with a gap at the Lake Worth Municipal Pier. Sand will be placed in the critically- eroded Northern Segment from R125 to R127 + I00 feet. Restoration will continue in the Southern Segment from R128 + 954 feet to R134 + 235 feet. Only a portion of the Southern Segment is designated critically eroded from R133 + 599 feet to R134 + 235 feet. The life of the PROJECT is defined as ten(10)years commencing upon execution of this Agreement and re-initiated upon execution of subsequent amendments to this Agreement for additional funding. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. 7. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as specified in Table I below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Approval of the Scope of Work for each task will be in the form of an approved amendment to this Agreement. The DEPARTMENT may require at least ten percent (10%) of the total cost share for a specified task be forfeited for failure to obtain prior approval,through an executed amendment, from the DEPARTMENT for a specified task. 8. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Task# Eligible Project Tasks Estimated Project Costs Federal DEP Local Total 2,0 Design and Permitting 2.1 Engineering Services $51,408 $368,592 $420,000 3.0 Construction 3.1 Beach Restoration $1,836,000 $13,164,000 $15,000,000 3.2 Mitigation Reef $306,000 $2,194,000 $2,500,000 4.0 Monitoring 4.1 Biological Monitoring $183,600 $1,316,400 $1,500,000 4.2 Physical Monitoring $24,480 $175,520 $200,000 4.3 Environmental Monitoring $46,512 $333,488 L $380,000 TOTAL PROJECT COSTS $2,448,000 $17,552,000 1 $20,000,000 Prior written approval from the DEPARTMENT'S Project Manager shall be required for changes within approved deliverable budget categories up to 10% of the total deliverable budget amount. The DEPARTMENT'S Grant Manager will transmit a copy of the written approval and revised budget to the DEPARTMENT Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10%will require a formal change order to the Agreement. 9. The DEPARTMENT has determined that 24.47 percent of the PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of$2,448,000 for this PROJECT or up to 12.24 percent of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed that for portions of the PROJECT which are located within lands owned and managed by the DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the DEPARTMENT. DEP Agreement No. 11 PB3, Page 2 of 9 212 10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible project tasks that exceed the estimated project costs for that task shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shown in Table I above, shall be provided through formal amendment to this Agreement. 11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B, Funding Eligibility, attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement and re-initiated upon execution of subsequent amendments to this Agreement for additional funding. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces where maintenance is discontinued. All parking must be clearly signed or otherwise designated as public beach access parking. 13. In consideration for the satisfactory completion of the eligible work, identified in Attachment A and approved by the DEPARTMENT, performed by the LOCAL SPONSOR under the terms of this Agreement,the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C, Contract Payment Requirements, attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5FP-uide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment D, Request For Payment, PARTS I — III, attached hereto and made a part hereof. These forms are to be submitted upon completion of the deliverables. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. The final payment will not be processed until the match requirement has been met. In cases where no reimbursement is sought for a given quarter, all applicable portions of Part III of Attachment D, Project Progress Report must still be completed and submitted. 14. The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt of each request for reimbursement to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the reimbursement request,the DEPARTMENT shall disburse the finds due to the LOCAL SPONSOR less ten (10) percent, which shall be retained on account. The cumulative amount retained for each eligible Task Scope of Work shall be disbursed to the LOCAL SPONSOR upon notification to the DEPARTMENT with an executed notice of completion Attachment E and after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement, all applicable DEPARTMENT permits and the applicable scope of work for said task. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to this Agreement pursuant to State and Federal guidelines DEP Agreement No. I IPB3, Page 3 of 9 213 (including cost allocation guidelines), as appropriate. When requested, the LOCAL SPONSOR must provide the information described in this paragraph within thirty (30) days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 15. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT'S Project Manager on a quarterly basis, Attachment D, Part III, Project Progress Report, as updates to the project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period in which the project is underway. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31. Schedules may be required to be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. The timely submittal of these quarterly reports will result in points for the ranking of future projects under the Beach Management Funding Assistance Program. 16. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment E, Project Completion Certification. A final PROJECT certification inspection shall be made by the DEPARMENT within sixty(60)days after the PROJECT is certified complete by the LOCAL SPONSOR. 17. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. 18. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation", and any rules promulgated there from,are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 19. The LOCAL SPONSOR'S Project Manager for all matters is Robert Weber, Phone: 561/838-5440. The DEPARTMENT'S Project Manager for all technical matters is Benjamin R. Buda, III, Phone: 8501922- 7721 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711. The LOCAL SPONSOR will be notified in writing of any changes to the DEPARTMENT'S Project Manager information. All matters shall be directed to the appropriate persons for action or disposition. 20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 21. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10)days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. 22. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. DEP Agreement No. 11 P13 3, Page 4 of 9 214 23. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR DEPARTMENT Robert Weber Dena Van Land ingham, Grants Program Coastal Coordinator Administrator P.O. Box 2029 Department of Environmental Protection Palm Beach, Florida 33480 Bureau of Beaches and Coastal Systems 561/838-5440 3900 Commonwealth Blvd., MS 300 rweber @townofpalmbeach.com Tallahassee, Florida 32399-3000 (850)922-7711 Dena.vanlandingham @dep.state.fl.us Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a)of Article I of the State Constitution and Section 119.07(1)(a),Florida.Statutes. 25. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for Eve years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment F(Special Audit Requirements), attached hereto and made a pail hereof. Exhibit I to Attachment F summarizes the fielding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment F. A revised copy of Exhibit I must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the Department's Grant Program Administrator at 850/922-7711, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment F, Exhibit I when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section_.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination"(form number DFS-A2-NS)that call be found under the "Links/Forms" section appearing at the following website: http s� //ap..s.ftdfs.com/fsaa The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. DEP Agreement No. 11 PB3, Page 5 of 9 215 C. In addition, the LOCAL SPONSOR agrees to complete and submit the Attachment G, Certification of Applicability to Single Audit Act Reporting, attached hereto and made a part hereof, within four (4) months following the end of the LOCAL SPONSOR'S fiscal year. Attachment I should be submitted to the DEPARTMENT's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000. The Grants Development and Review Manager is available to answer any questions at (850) 245-2361. 27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using fiends provided by this Agreement for the purposes of lobbying the Legislature,the judicial branch or a state agency. 28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the perfatnance of services required. 29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 31. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 32. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 33, This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 34. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. DEP Agreement No. 11 PB3, Page 6 of 9 216 B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the Florida Department of Management Services may not submit a bid oil a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services,Office of Supplier Diversity at(850)487-0915. 35. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The payment terms of subcontracts (other than construction and the purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten(10)days after execution. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, F.S. B. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. 36. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor for construction task and provide a tabulation list from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed scope of work. 37. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. The DEPARTMENT shall have no liability except as specifically provided in this Agreement. 38. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. DEP Agreement No. 11 PB3, Page 7 of 9 217 39. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the Project Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the LOCAL SPONSOR'S cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of a change in Project Manager, modification of deliverable due dates when such change does not involve an extension, and modifying the Project Work Plan when such modifications would not involve a decrease/increase in cost or an extension of the performance period of this Agreement. 40. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 41. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control project, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control project prior to entering each individual property to conduct such activities. 42. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven(7)days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting,or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 43. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No. 11 PB3, Page 8 of 9 218 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. TOWN OF PALM BEACH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Title: Town Council President Secretary or designee Date: Date: FEID No. 59-6000402 Department ofEnviromnental Prot ction Grant Program Administrator APPROVED as to form and legality: Grantee's Attorney Department of Enviro ental Protection (if necessary) Attorney *If someone other than the Town Council President signs this Agreement, a resolution, statement or other dacumentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreeInent. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description(include number of pages) Attachment A Grant Work Plan (3 pages) Attachment B Funding Eligibility(1 page) Attachment C Contract Payment Requirements (I page) Attachment D Request For Payment, Parts I - 111 (3 pages) Attachment E Project Completion Certification(I page) Attachment F Special Audit Requirements(S pages) Attachment G Certification of Applicability to Single Audit Act Reporting(3 Pages) DEP Agreement No. I I PB3, Page 9 of 9 219 ATTACHMENT A GRANT WORK PLAN Project Title: South End Palm Beach Restoration. Project Location: The PROJECT includes 1.67 miles of shoreline within the Town of Palm Beach in Palm Beach County, Florida. It is located between DEP reference monuments 8125 to 8127+100 feet and 8129+954 feet to 8134+235 feet. Project background: The PROJECT was modified from a previous design to lessen the impacts to nearshore hardbottom. Subsequent storm events caused additional erosion to the project area. Funding assistance was requested from the Federal Emergency Management Agency (FEMA). In 2009, FEMA funding was approved to mitigate for storm-induced erosion. Restoration is planned to provide a long- term solution to storm-induced beach erosion events. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, for all applicable DEPARTMENT permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the DEPARTMENT'S Regional Coastal Monitoring Data Plan and Geographic Information Systems Data Plan, unless otherwise specified in the approved Scope of Work (bercin after referred to as SOW) for an eligible PROJECT item. These plans may be found at littp:l l)yww.dep.state.fl.us/beac{ies/. 'Three (3) originals and one (1) electronic copy of all written reports developed tinder this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. Project Description: The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. 2.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Performance standard. All deliverables, reports, and truonitoring results will be circulated to the Department for review and comment. When comments are received froth the Department affirming that the deliverable is acceptable, payment will be authorized. 2.1 Engineering Services Deliverable A: Project design template and Equilibrium Toe of Fill (ETOF) analysis report provided by Coastal Systems International. Total cost $31,954 (DEP cost$3,915). Due date July,2011, Deliverable B: Submittal of JCP Application, including permit sketches, pre-application meetings, and nearshore hardbottom boundary determination provided by Coastal Systems International. Total cost$42,050(DEP cost$5,147). Due date July, 2011. DEP Agreement No. 11 P63, Attachment A, Page I of 3 220 Deliverable C: Permit processing tasks including responses to request for additional information (RAI), environmental agency consultation, and stakeholder coordination performed by Coastal Systems International. Payments will be processed upon submittal of RAI response(s), agency consultation reports, and/or stakeholder meeting summaries. Total cost$172,476(DEP cost $21,111). Due date December,2012. Deliverable D: Meetings and coordination provided by Coastal Systems International between the Town of Palm Beach, regulatory staff and other groups or individuals as required in support of the performance of this contract. Payments will be processed upon submittal of a letter report detailing a summary of the meeting, a list of participants, and the date, time, and location of the meeting. Total cost$20,994(DEP cost$2,570). Due date December,2012, Deliverable E: Direct eligible expenses including but not limited to plotting, blueprinting, Xerox copies, report production,digital media, and expenses for travel,mileage, fuel,and equipment. Total cost$12,240(DEP cost$1,498). Due date December,2012. Deliverable F: Future engineering services allocation. Scopes of work added under this task must be approved by Bureau staff. No portion of these funds may be expended until an amendment is executed per contract terms. Total cost$140,256(DEP cost$17,167). Due date March, 2013. 3.0 Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area and North and South causeways. Eligible costs include mobilization,demobilization, construction observation or inspection services, beach fill,tilling and scarp removal, erosion control structures, dune stabilization measures, mitigation, and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. Performance Standard: Work products(Deliverables)must meet acceptance standards of the engineer, building code inspector,Joint Coastal Permit,or a combination of these, as required,to assure all project-related construction is completed to desired specifications. 3.1 Beach Restoration Deliverable A: Future beach nourishment allocation. Scopes of work added under this task must be approved by Bureau staff. No portion of these fiends may be expended until an amendment is executer/per contract terms. Total cost$15,000,000 (DEP cost$1,836,000). Due date December,2012. DEP Agreement No. 11 PB3, Attachment A,Page 2 of 3 221 3.2 Mitigation Reef Deliverable A: Future mitigation reef allocation. Scopes of work added under this task must be approved by Bureau staff. No portion of these funds may be expended until an amendment is executed per contract terms. Total cost$2,500,000(DEP cost$306,000). Due date December, 2012. 4.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner that will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. Performance standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized. 4.1 Biological Monitoring Deliverable A: Future biological monitoring allocation. Scopes of work added under this task must be approved by Bureau staff. No portion of these funds maybe expended until all amendment is executed per contract terms. Total cost$1,500,000(DEP cost$183,600). Due date March,2013. 4.2 Physical Monitoring Deliverable A: Future physical monitoring allocation. Scopes of work added under this task must be approved by Bureau staff. No portion of these funds may be expended until an amendment is executed per contract terms. Total cost$200,000 (DEP cost$24,480). Due date March,2013. 4.3 Environmental Monitoring Deliverable A: Future environmental monitoring allocation. Scopes of work added under this task must be approved by Bureau staff. No portion of iltese funds ntay be expended until an anlentlntettt is executed per contract terms. Total cost$380,000 (DEP cost$46,512). Due date March,2013. Deliverable due dates in the Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The due dates do not necessarily correspond with permit compliance reporting requirements. All Tasks are Contractual Services DEP Agreement No. 11 PB3, Attachment A, Page 3 of 3 222 ATTACHMENT B FUNDING ELIGIBILITY SOUTH END PALM BEACH RESTORATION Project Boundary: Northern Segment: R125 to R127+ 100'(Designated critically eroded) Southern Segment: R128+954'to R 134 +235'(Designated critically eroded froth 8133 +599'through R134+235') Approximate Shoreline Length: Northern Segment: 2,155 Feet Southern Segment: 6,650 Feet Total: 8,805 Feet Public Access Parking Spaces Lake Worth Municipal Park and Kreusler Park' 100+ 'Primary access Areas determined to be publicly accessible: R125 to 1000 feet south of R130 2 2 The Northern Segment is critically eroded and within public access limits of 2,640 feet from the northern boundary of Kreusler Park. The Northern Segment is included as eligible shoreline length. The Southern Segment is not critically eroded within the public access limits of 2,640 feet from the southern boundary of Lake Worth Municipal Park. The critically eroded portion in the Southern Segment cannot be reached from any primary or secondary beach access. The Southern Segment is not included as eligible shoreline length. Total eligible shoreline length: 2,155 Feet Total project shoreline length: 8,805 Feet Percent eligible for State funding: 24.47 % DEP Agreement No. 11 P133,Attachment B, Page 1 of 1 223 ATTACHMENT C Contract Payment Requirements Florida Department w[Financial Swnv/cem'Reference Guide for State Expenditures(January Z005) Cost Reimbursement ComAmc1r Invoices for cost reimbursement contracts n000i be supported by an itemized listing of expenditures by category (salary, buvol^ expenses, etc.) Supporting documentation must be provided for each amount for which roinmhoocnneot in being tluimucd indicating that the [tonu has been paid. Check uuuobcxs may be provided in lieu of copies of actual checks. Each piece of documentation should o|eur|v rdDmot the dates of service. Only czpond|h|rso for om(ugwdoo in the approved contract budget should bereimbursed. Cnot,oc1a between state agencies, and or contracts between universities may nohouii n|{ocontivc documentation to xuhmtuu1(ato the ,cimubomsnncw< ocguuu< that may be in the {bou of Florida Accounting lnfbnomudion Rnsoonno (FLAIR) reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: (\) 8u|oriuv: /\ payroll register or similar documentation should be submitted. The payroll register should show 8n)oo salary obnrgcn^ OriuAo boomUto` other deductions and not pay. If an individual for wbooz reimbursement is being oiu[umed is paid by the hour, u document reflecting the bmucy worked tinuso the rate of pay will be acceptable. (2) Fringe Benefits: Fringe BuoobN should be supported by invoices mhon/{og the uo/owu1 paid on behalf ufthe employee (e.g., insurance premiums paid). If the 000iruot opcoifiom|1v states that fringe benefits will be booed on u specified ncncon1uBe rather than the ucNun\ cost of fringe boouDtm, then the calculation for the fringe benefits amount must bmshown. Exception: Governmental mubdom are not required to provide check umumhoo or copies of checks for fringe benefits. (3) Travel: Roiuubucmco/eod for travel must he in u000,douoe with Section 112.061, Florida S<n1uioa, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Koimohurmonxen1 will he nmadu based on paid invoices/receipts. IFnounxpeodoh|o property is purchased using State funds, the contract mbom|d include n provision for the transfer of the property to the State when services are terminated. DuounucnUm<imu must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative [ode, regarding the requirements for contracts that |nck^io services and that provide fbr the contractor to pnruhum* tangible personal property omdefined in Section 273.02, Florida Statutes, for subsequent transfer tothe State. (J) In-house charges: Charges which may be of an io1cmmal uutun: (e.g., postage, copies, etc.) may be reimbursed on x usage log that shows the units times the rate being charged. The rates must bc reasonable. (6) Indirect costs: If the onnbnci specifies that indirect costs will be paid based on u specified rote, then the calculation should bmshown. The Florida Department of Financial Services, Reference Cjuide to State Expenditures (January, 2005)can be found at the following web address: . DEP Agreement No. 1|PB3, Attachment C" Page l of 224 ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT--PART I PAYMENT SUMMARY Name of Project: SOUTH END PALM BEACH RESTORATION LOCAL SPONSOR: TOWN OF PALM BEACH DEP Agreement Number: I IPB3 Billing Number: Billing Period: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total *if applicable Cost Summary: State Funds Obligated $ Local Funds Obligated $ Less Advance Pay $ Less Advance Pay $ Less Previous Payment $ Less Previous Credits $ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retainage(10%) $ Local Funds Remaining $ State Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 11 P133, Attachment D,Page 1 of 3 225 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT—PART H REIMBURSEMENT DETAIL Name of Project: Billing# Billing Period: DEP AGREEMENT NUMBER Invoice Adjustments(To be completed by DEP: Local Sponsor: Reasons for changes noted below) Date OF Amount Paid Eligible Total Amount Approved Item# Invoice# Project SOW/1310 n (S) Vendor Name Check or Debit# Eligible for State Changes per BRCS Changes per BBCS Eligible Cost INVOICE Vendor(1) Item(F) Share(4) Project Manager (6,6) Accountant (6,6) (b) 1 2 3 4 5 6 7 8 9 10 Totals for all items on page: Item# Notes and invoice adjustment explanations per item#(6) Certification: I certify that the purchases noted above were used in accomplishing the project;and that invoices,check vouchers,copies of checks,and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request Name/Signature of Project Administrator Date Name/Signature of Project Financial Officer Date Form Instructions: (1)Local Sponsor:enter exact amount of check or debit. (2)Local Sponsor:enter the subtask ID#from the Eligible Project Item table of the DEP Grant. (3)Scopes of work and bids that have been approved for DEP cost share may be assigned a tracking identifier number.Local Sponsor.Insert this tracking number when applicable. (4)Local Sponsor:insert only the amount of vender payment that is assumed to be eligible for DEP cost share. (5)Local Sponsor:DEP Project Managers and accountants will make necessary corrections or adjustments within the terms of the agreement and in accordance with state rule. 6 DEP staff:Enter the total amount of line item increase or decrease:if the adjustment is a decrease,preceed the amount with the"-" minus sign. N N O) DEP Agreement No. 11 PB3,Attachment D, Page 2 of 3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT—PART III PROJECT PROGRESS REPORT Name of Project: SOUTH END PALM BEACH RESTORATION LOCAL SPONSOR: TOWN OF PALM BEACH DEP Agreement Number: 1 IPB3 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s)regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 2.0 DESIGN AND PERMITTING 3.0 CONSTRUCTION 4.0 MONITORING DEP Agreement No. I 1 P133, Attachment D,Page 3 of 3 227 ATTACHMENT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: SOUTH END PALM BEACH RESTORATION LOCAL SPONSOR: TOWN OF PALM BEACH DEP Agreement Number: 11 PB3 *I hereby certify that the above mentioned project task has been completed in accordance with the Project Agreement, including any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused finds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60)days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. I 1 P133, Attachment E, Page 1 of 1 228 ATTACHMENT F SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection ('which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referrer/to as the "Contractor", Grantee"or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215,97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined it] OMB Circular A-133,as revised. I. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will ineet the requirements of this part, 2. In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-1.33,as revised, 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htt :N 12.46.245.173/efda/efda.litnil. DEP Agreement No. I I PB3,Attachment FF, Page I of 5 229 PARTILSTATEFUNDED This part isapplicable if the recipient iswnonstate entity as defined by Section 2&5.97(2)(in),Florida Statutes. |. In the event that the recipient expends u total amount nf state financial assistance equal mmrin excess w[ $500,8O0io any fiscal year of such recipient,the recipient muszhovomStateoinAleorpmjeot-upuoiDcxuJitGnrwwch fiscal year in accordance with Section 215.97, Florida Statutes; applicable nxics of the Department of Financial Services;and Chapters |O.550(local governmental entities)url0658(nonprofit and for-profit oqgxmio4ionv)'Rules of the Auditor General. DXlllBlT l to this /\Uuc6mcnt indicates state Ouuoulu| noo|u(muco awarded through the Department of Environmental Pou(ed[om hy this Agreement. In determining the mtu(x Oauoo[u| uouimtau,e expended in its fiscal year, the recipient uhuU consider all nommoe of state Dnuno|u| assistance, including state financial assistance received from the Department of Environmental Protection, other state ngeuci*x, and other monotatu entities. State fluancial assistance does not include Federal direct or pass-through awards and resources received by oonnotote entity for Federal program matching requirements. 2. In connection with the audit requirements addressed bu Part l[ paragraph l; the recipient shall ensure that the audit complies with the requirements of Section 215.07(7)' Florida Statutes. This includes oohmiuoioo of Omaoo[m| reporting package as defined by Section 215.97(2), Florida S\o{n1es. and Chapters 18.558 (boou| &u*unmon1u| entities) or 10.650 (nonprofit and for-profit organizations), Rm|m of the Auditor General. 3. lf the recipient expends less than$500,00Oimstate financial assistance lu its fiscal year, oo audit conducted in accordance with the provisions o[Section 2|5.97, Florida Statutes, is not required. \m the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects tnhave an audit conducted in accordance with the provisions nf Section 2\5.Y7` Florida Statutes, the cost of the audit must bu paid from the non-state entity's me000eo (i.e., the cost ofsuch an audit must be paid from the recipient's resources obtained from other than State entities). 4. For io[hnnuiiun regarding the Florida Catalog of State yiu000io| Am*ixNucc (CS9&)` u recipient should ucooxm the Florida Single Audit /\ut v,ebx{te located N for assistance. In aJJiLiuo to the above wohvhcu' the following nohoi{cx may be accessed for information: Legislature's Wnbyde N , State of Florida's wuboi1e at ht , Department ufFinancial Services' YVn6wi1cm and the Auditor General's YYobo|tcmN . PART III: OT0[ER AUDIT REQUIREMENTS (NOTE: This part would 6e used mxpcoify any additional mxdk requirements imposed 6v the State awarding entity that are solely a inatter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). yox,xunt to Section 215.97(8), Florida Statutes, State agencies may conduct or arrangefi)r andits ofStatefinancial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency mm/ orruoguJbrfinuing thefull cost ofsocA additional audits) PART IV: REPORT SUBMISSION I Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART [ of this Attachment shall be uu6noiUod, when required by Section .328 (d), o&48 Circular A-133,as revised,by or on behalf of the recipient directl to each ofthe following: DDP Agreement No. ||9B]` /\VuckmcoiF` Page 2of5 230 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at htt :/�vveester.ccnstis. ovg /fac/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), OMB Circular A-133,as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor,to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 3. Copies of financial reporting packages required by PANT It of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following. A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Doom 401,Claude Pepper Building 1 I 1 West Madison Street Tallahassee, Florida 32399-1.450 DEP Agreement No. 1 I P133, Attachment F, Page 3 of 5 231 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,or Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. DEP Agreement No. 11 P133,Attachment F, Page 4 of 5 232 EXHIBIT—1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal aenc Number CFDA Title Funding Amount Categoa State Resources Awarded to the Recipient Pursuant to this A gregiment Consist of the Following Matching Resources for Federal Pro g ms: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A greement Consist of the Followina,Resources Subject to Section 215.97,F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original Ecosystem Management and 2007-2008 37.003 Beach Management Funding $2,448,000 140126 Agreement Restoration Trust Fund, Assistance Program GAA Line Item# 1834 Total Award $2,448,000 For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [http://12.46.245.173/cfda/efda.htm]] and/or the Florida Catalog of State Financial Assistance(CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. I I PB3, Attachment F, Page 5 of 5 =1 ATTACHMENT G CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Local Sponsor's Name: Local Sponsor Fiscal Year Period: FROM: TO: Total State Financial Assistance Expended during Local Sponsor's most recently completed Fiscal Year: Total Federal Financial Assistance Expended during Local Sponsor's most recently completed Fiscal Year: DEP Agreement No. 11PB3, Attachment G,Page 1 of 3 234 INSTRUCTIONS FOR COMPLETING THE ATTACHMENT Local Sponsor Fiscal Year Period: FROM: Month/Year TO: Month/Year NOTE: THIS SHOULD BE THE LOCAL SPONSOR'S FISCAL YEAR FROM (MONTH/YEAR) TO (MONTH/YEAR). Total State Financial Assistance Expended during Local Sponsor's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE EXPENDED FROM ALL STATE AGENCIES,NOT JUST DEP. Total Federal Financial Assistance Expended during Local Sponsor's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP. The Certification should be signed by your Chief Financial Officer. Please print the name and include the title and date of the signature. DEP Agreement No. 11 PB3, Attachment G, Page 2 of 3 235 CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING FREQUENTLY ASKED QUESTIONS 1. Question: Do I complete and return this form when I return my signed Agreement/Amendment? Answer: No, this form is to be completed and signed by your Chief Financial Officer and returned 4 months after the end of your fiscal year. 2. Question: Can I fax the form to you? Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411. 3. Question: How can I submit the form if our audit is not completed by the due date of this letter? Answer: You should be able to complete the form from the information in your accounting system. This is just to let our Office of the Inspector General know which entities they should be getting an audit from. If you are under the threshold you do not have to submit a copy of your audit, only the Certification form. 4. Question: Do you only want what we received from DEP? Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended ,towards all state or federal grants that you receive. You should list those that are specific to DEP on the form. 5. Question: Do I have to submit the completed form and a copy of my audit? Answer: No, you do not have to submit your audit unless you are over the threshold of $500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is fine. You must submit a paper copy of your audit, we cannot receive it electronically. 6. Question: Our CAFR will not be ready before your due date and we don't have the information necessary to complete the certification. Can we get an extension? Answer: Yes, just send us an Email letting us know when you will have your CAFR completed and we will place the Email with your letter in our file so that you don't get a 2"' notice. 7. Question: Can I submit my Certification Form or CAFR electronically? Answer: Yes, you can submit them by Email to Debbie.skclton((�dep.state.fl.us DEP Agreement No. I I PB3, Attaclu-nem G, Page 3 of 3 236 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - Old Business Agenda Title Mid-Town Dune Vegetation and Public Accesses. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated July 19, 2011, from H. Paul Brazil, Director of Public Works. 237 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 TO: Mayor and Town Council VIA: Peter B. Elwell, Town Manager FROM: H. Paul Brazil, Director of Public Works RE: Mid-Town Dune Vegetation and Public Accesses DATE: July 19, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council approve the Mid-Town dune vegetation and public access improvements, including the removal of non-native and invasive vegetation, planting of native vegetation,and creation of three(3)additional beach access points,establishing a budget of$40,000 utilizing a portion of the remaining 2010-2011 Dune Restoration project contingency fund, and authorize the Town Manager to execute a contract(s) to have said services completed. GENERAL INFORMATION The Town placed approximately 52,000 cubic yards of sand at Mid-Town Beach between December 2010 and January 2011. While this project continues to provide storm protection and recreation benefits beyond the pre-project conditions (December 2010), staff identified additional improvements for consideration. These improvements were presented to the Shore Protection Board (SPB) in January 2011. The SPB unanimously approved this recommendation. DUNE VEGETATION The dune that runs along the Mid-Town Municipal Beach was reconstructed in 1995 with the first large scale beach project at Mid-Town. This dune has received little maintenance over the years and both non-native and invasive plants have overtaken much of the planted native vegetation. As part of the Worth Avenue improvements, the Florida Department of Environmental Protection(FDEP) permit for the Clock Tower required that the non-native vegetation be removed from the dune between Peruvian Avenue and Hammon Avenue. In compliance with FDEP,the exotic plants were removed by the end of the 2010 calendar year. During the exotic removal for the Worth Avenue permit,Town staff,along with FDEP staff,looked at the condition of the remainder of the dune. Invasive plants are smothering the native vegetation in many areas. Native plants, with their root systems,provide stability to the dune. Most invasive plants do not have the same root systems, often growing on top of the sand. 238 It is recommended that the non-native and invasive plants be removed from the Mid-Town Municipal Beach and the Clarke Avenue Beach and be replaced with approximately 6500 native plants. Annual maintenance costs are likely to be less than $5,000 each year and these efforts can be included in future fiscal years coastal budgets. PUBLIC ACCESSES Per FDEP, access points through an established dune system can be sited no closer than 150 feet apart. The designated beach access points at Mid-Town Municipal Beach are located at the east end of Brazilian Avenue, Chilean Avenue, and Gulfstream Road. On average, these access points are approximately 1,000 feet apart. The large distance between access points has lead to the public going over the retaining wall and trampling the existing dune vegetation. This situation has occurred at more than a dozen locations along the 2,700 ft. section of dune. The Town should consider establishing additional access points to reduce the disturbance to existing vegetation.Staff recommends that new access points be established in the vicinity of the eastern ends of Royal Palm Way, Australian Avenue, and Worth Avenue. To provide uniformity with the existing three (3) Mid-Town access points, the new access points would include a six-foot wide opening in the decorative wall and a wooden platform leading to a short set of stairs. FDEP has expressed support for this effort and we anticipate the issuance of a field permit. With the work taking place west of the dune's seaward edge of vegetation, Town staff expects that the work can be completed during sea turtle nesting season. FUNDING/FISCAL IMPACT Staff recommends establishing an overall project budget of$40,000.These funds would come from a portion of the remaining dune project contingency. Of the $250,000 project contingency, approximately$187,000 remains. Town staff explained to the SPB in January 2011,that the funds would come from any unspent dune project contingency and if the funds were not available, this effort would not proceed. Town staff waited until all billings were received prior to advancing this request to Town Council. The $40,000 cost estimate for this project is based on an estimated $10,000 per access and an additional $10,000 for the dune vegetation work. RW cc. Shore Protection Board Jane Struder, Director of Finance Robert Weber, Coastal Coordinator 239 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - Old Business Agenda Title Staff Recommendation to Further Defer the Sanitary Sewer Force Main Replacement Project for In Depth Review by the Public Works Committee and Future Consideration by the Town Council. Presenter Peter B. Elwell, Town Manager Supporting Documents Memorandum dated August 4, 2011, from Peter B. Elwell, Town Manager 240 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 TO: Mayor and Town Council FROM: Peter B. Elwell, Town Manager RE: Staff Recommendation to Further Defer the Sanitary Sewer Force Main Replacement Project for In Depth Review by the Public Works Committee and Future Consideration by the Town Council DATE: August 4, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council defer further consideration of the above referenced project at this time and refer this matter to the Town Council's Public Works Committee. That will allow staff to complete value engineering that is already well underway and to address a variety of other issues related to this project. It also will allow us to examine broader aspects of the Town's capital improvement program to determine whether any"bigger picture"actions should be considered when this project is further reviewed by the Town's elected officials(e.g.when is CM-at-Risk in the Town's best interests and when is it better to use traditional low bid contracting?). The results of staff's efforts will be presented to the Public Works Committee for in depth review by the Committee members with participation of other elected officials(if they desire),staff,Town Attorney,consultants,contractors,and the general public. The Public Works Committee's recommendation(s) will, of course,be subject to consideration and action by the full Town Council. GENERAL INFORMATION Staff presented the sanitary force main replacement project at the July 12 Town Council meeting. Staff had not resolved all issues with the project and was in the midst of value engineering and negotiations with the selected construction manager. Several issues were identified by staff and other questions were raised by elected officials and residents. Staff is still working with the construction manager to resolve these and other issues. Recently, the design engineer for this project also has raised certain questions and concerns that require further review. I believe that it is important for me to have the opportunity to delve into the broad variety of pending issues. While the technical matters will need to be addressed by others,it is my responsibility as Town Manager to ensure that we are managing the program effectively and following all applicable procedures, to take any necessary corrective action(s)that are within my authority, and to recommend to Town Council policy actions that I believe are in the Town's best interests. Due to the scope and complexity of this matter, I am not able to fulfill that responsibility in time for the August 9 Town Council meeting. 241 At the Public Works Committee meeting, we will address, at minimum, the following: • history of the project • use of CM-at-Risk vs. traditional low bid contracting • results of value engineering • compliance with all applicable laws,policies, and procedures • corrective actions,if any,regarding past decisions/actions on this project • alternatives for how to proceed forward with this project • alternatives for how to proceed forward with the capital improvement program There is sufficient time for us to conduct this thorough review,address these matters at the Public Works Committee level and then with the full Town Council, and still be able to break ground on this project in April 2012. I envision the Public Works Committee's recommendations will be addressed by the full Town Council at either the September 13 or October 11 Town Council meeting. That will leave a minimum of 6 months for the necessary actions to be taken to commence construction and that is enough time whether we proceed with CM-at-Risk,traditional low bid with a prequalification process,or some other method of contracting. PBE: c: H.Paul Brazil, Director of Public Works Jane Struder,Director of Finance John C. Randolph, Town Attorney 242 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - Old Business Agenda Title Landmarks Preservation Commission Recommendation to Amend the Town's Mandatory Australian Pine Removal Requirement by January 1, 2012, to Closely Match Palm Beach County's Less Onerous Removal Requirements. Presenter John Page, Director of Planning, Zoning, and Building Supporting Documents • Memorandum dated July 26, 2011, from John Page • Section 66-311 of Town of Palm Beach Code of Ordinances 243 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell,Town Manager From: John Page, Planning, Zoning&Building Director Re: Australian Pines: Local Ordinance Amendment Date: July 26,2011 STAFF RECOMMENDATIONS It is requested that the Town Council consider a recommendation from the Landmarks Preservation Commission amending the Palm Beach Code of Ordinances (Chapter 66) to closely mirror County requirements regarding removal of Australian Pines. BOARD OR COMMISSION RECOMMENDATION Chapter 66 of the Palm Beach Code of Ordinances identifies Australian Pine trees (scientific name Casuarinas spp.) as a prohibited plant species that must be removed no later than January 1, 2012. Local Code does offer some relief from removal. An exemption can be granted to any property owner by either the Architectural or the Landmarks Preservation Commission, subject to certain conditions (attached). The exemption language specifically cites "Wells Road" and"Pine Walk" as a qualified exemption. The local Code requirement to remove Australian Pines was last amended in 2003. It was modeled after a similar County requirement. Town staff recently learned that the County(in 2008) softened its removal requirement via a Code amendment that requires removal only when 1)Australian Pines are located within 500 feet of County-designated"Natural Areas", or 2) upon newly developed/redeveloped sites. The Palm Beach Code remained unchanged, meaning the local removal requirement is more onerous than the County regulation. Amending the local Code to closely mirror the County's would save many property owners from the fast-approaching removal requirement, and would also negate the need for residents to submit a processing fee and apply for authorization to keep their existing Australian Pines. It was moved by William Cooley and seconded by Dudley Moore to recommend that the Town Council amend its Code of Ordinances to reflect County Australian Pine removal requirements.The Commission unanimously approved this motion. This recommendation"piggy-backs"on the May Landmarks Preservation Commission recommendation that the Town pursue legislative authorization from the State of Florida to designate Wells Road as a scenic vista which would allow not only the perpetuation of trees, but authorization to replace them if they should become diseased or otherwise damaged/destroyed. The Council directed staff to pursue that action during their regular monthly meeting of July 12,2011. cc: Landmarks Preservation Commission Paul Brazil,Public Works Director John Lindgren,Planning Administrator John C. Randolph,Town Attorney Attachment 244 ARTICLE IV. VEGETATION* Page 7 of 13 (3) Cultivated and other landscape areas. Irrigation systems, either manual or automatic, may be used for the cultivated landscape areas. (g) Antitranspirants. In order to reduce water loss through leaves during installation, a ntitra nspi rants shall be used on all permitted landscape installation projects. (h) Use of organic mulches. When appropriate, a minimum of two inches of organic mulch shall be placed over all newly installed tree, shrub and ground cover planting areas. (Code 1982, § 11.5-10; Ord. No. 25-02, § 1, 11-12-02; Ord. No. 22-10, § 1, 7-13-10) Cross references: Water generally, § 122-31 et seq. Secs. 66-287--66-310. Reserved. DIVISION 5. REGULATIONS Subdivision I. In General Sec. 66-311. Prohibited plants. (a) Prohibited species. The following plants have been shown to be pestilent exotic species and shall not be installed as landscape material, and shall be removed from property as part of development and redevelopment activity and prior to the issuance of a permit for said development and redevelopment activity or pursuant to the schedule and terms specified in subsection (c) of this section: (1) Australian pine (Casuarina spp.). (2) Brazilian pepper(Schinus terebinthefolius). (3) Punk or paper tree (Meleleuca quinquenervia). (4) Old-world climbing fern (Lygodium microphyllum). (5) Air potato vine (Dioscorea bulbifera). (6) Carrotwood (Cupaniopsis anacardiodies). (7) Earleaf acacia (Acacia auriculiformis). (8) Schefflera (Schefflera actinophylla) (9) Kudzu (Pueraria montana var. lobata). (b) Exemptions. An exemption or partial exemption from the prohibition of and removal requirements of Australian pines may be granted by the architectural commission or landmarks commission, as applicable, if the following conditions apply: (1) The Australian pine is used and maintained as a hedge. Failure to maintain the hedge will result in a code violation and removal of the hedge will be required. (2) The hedge or screen is located in an area where salt tolerant vegetation is required and where a viable aesthetic or organic option is not practical. (3) The Australian pine is not of the "sucker"type variety (Casuarina glauca). 245 http://Iibrary4.municode.com/default-test/DocView/11397/1/123/127 7/21/2011 ARTICLE IV. VEGETATION* Page 8 of 13 (4) The Australian pine is not directly adjacent to shoreline areas. (5) The Australian pine is maintained as part of the character of a landmarked district or vista such as the areas known as "Pine Walk" and "Wells Road." (c) Future removal requirements. In addition to the removal requirements set forth in section (a) above, a property owner shall remove or cause to be removed or eradicated the prohibited invasive non-native vegetation listed in paragraph (a) above by January 1 of the year specified in the following table: TABLE INSET: COMMON NAME SCIENTIFIC NAME YEAR Old-World Climbing Fern Lygodium microphyllum 2004 Air Potato Vine Dioscorea bulbifera Melaleuca, Punk Tree Melaleuca quinquenervia 2006 Brazilian Pepper Schinus terebinthifolius 2008 Carrotwood Cupaniopsis anacardiodies Earleaf Acacia Acacia auriculiformis 2010 Schefflera Scheftlera actinophylla 2006 Australian Pine Casuarina spp. 2012 Kudzu Pueraria montana var. lobata 2008 Upon removal of the prohibited and invasive non-native vegetation specified under this section, the property owner shall maintain the property free of such prohibited invasive non-native vegetation. (d) Protection of natural area and incentives. The county has recognized the Palm Beach Island Sanctuaries (R43 T43 S34; R43 T44 S03/10/15) located within the town as a natural area containing high quality ecosystems that are worthy of protection. The town hereby adopts for purposes of the protection of said natural area and for purposes of the regulation of the buffer area around said natural area those sections of the County Code known as the "Palm Beach County Countywide Prohibited Invasive Non-Native Vegetation Removal Ordinance" relating to the protection and regulation of these areas. Additionally, the town adopts the incentive program offered by the county as incorporated within the "Palm Beach County Countywide Prohibited Invasive Non-Native Vegetation Removal Ordinance." (e) Enforcement. Violations of this section shall be: (1) Failure of a property owner to remove or eradicate prohibited invasive non-native vegetation in accordance with subsections (a) and (c) of this section. (2) Failure of a property owner to maintain nonexempt properties free of prohibited invasive non-native vegetation in accordance with subsection (c) of this section. The following are procedures which are to be followed for compliance and enforcement of this section. (1) Inspection of a parcel to determine the possible location of prohibited invasive non-native vegetation. (2) Preparation and provision of a notice informing the parcel owner of prohibited invasive non-native vegetation on the parcel and instructions for the removal or eradication of the vegetation and a timeframe provided for compliance. A follow up inspection is conducted. 246 http://library4.municode.com/default-test/DocView/11397/1/123/127 7/21/2011 ARTICLE IV. VEGETATION* Page 9 of 13 (3) In the event there is a failure to comply by the property owner after notice as prescribed, the failure to comply will be noticed for hearing before the town's code enforcement board. (Code 1982, § 11.5-16; Ord. No. 19-03, § 1, 12-9-03) Sec. 66-312. Protected plants. The following shall constitute protected plants within the town: (1) Historic and specimen trees. Specimen trees are afforded special status and protection in the town, as per sections 126-56--126-58. (2) Endangered and threatened plants. Plants identified as endangered or threatened, according to the Florida Natural Areas Inventory, Florida Game and Fresh Water Fish Commission "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida," or a comparable list approved by the town's planning, zoning and building department, shall be identified on the required landscaping plan. (3) Protection. Removal of designated historic and specimen trees, and vegetational species identified as endangered or threatened, shall be prohibited. (4) Exceptions. a. Permission for removal of historic or specimen trees may be obtained from the town council or from the town manager if the tree constitutes a danger to public health, safety or welfare, or otherwise requires immediate removal. b. When relocation is unavoidable, identified endangered or threatened species may be transplanted to an undeveloped portion of the site, or to an approved off-site location where preservation can be ensured. (5) Management plan. When historic or specimen trees or endangered or threatened plants are identified, a management plan shall be presented to the architectural commission, or landmarks commission, as applicable. The management plan shall include: a. Methods to ensure preservation of the species, including buffer areas when appropriate. b. Methods to ensure protection of species while construction activity is taking place on property. (Code 1982, § 11.5-22) Secs. 66-313--66-335. Reserved. Subdivision II. Dunes Sec. 66-336. Vegetation restoration. (a) Findings. 247 http://library4.municode.com/default-test/DocView/11397/1/123/127 7/21/2011 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - Old Business Agenda Title Australian Pines on Wells Road. Presenter Robert N. Wildrick, President Pro Tern Supporting Documents Memorandum dated July 12, 2011, for President Pro Tern Wildrick 248 TOWN OF PALM BEACH Office of the Mayor and Town Council MEMORANDUM To: Peter B. Elwell, Town Manager From: Robert N. Wildrick, President Pro Tem Subject: Australian Pines on Wells Road Date: July 12, 2011 Please place on the agenda for the August 9 Town Council meeting the subject of Australian Pines on Wells Road. I am particularly interested in the facts regarding how long they will take to grow, who grows them, the cost to grow, and how much the process will cost the Town to obtain State approval for planting and retaining them. Post Office Box 2029 •360 South County Road•Palm Beach,FL 33480 Telephone(561) 838-5414 Facsimile(561)838-5411 E-mail: council(i�townofpalmbeach.com Website:www.townofpalmbeach.com 249 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Planning, Zoning, and Building Internal Audit Report. Presenter Robert N. Wildrick, President Pro Tern Supporting Documents • Crowe Horwath Planning, Zoning, and Building Department Internal Audit 250 Crowe TM TOWN OF PALM BEACH PLANNING ZONING AND BUILDING DEPARTMENT For the Period Ended December 31 , 2010 June 2011 Distribution: Crowe Internal Audit Audit Committee Team: Deborah Garringer Michael Ciminero Kavita Misra Corinne Ahrend N EXECUTIVE SUMMARY Page EXECUTIVESUMMARY.............................................................................................................................................. 3 PROCEURESPERFORMED ....................................................................................................................................... 7 OBSERVATIONS AND RECOMMENDATIONS.......................................................................................................... 11 N N 2 EXECUTIVE SUMMARY Background and Objective Crowe Horwath LLP ("Crowe" or "we") performed an internal audit on the Town of Palm Beach's Planning Zoning and Building Department ("Building Department" or "Department") as of December 2010. The overall objective was to review controls over the Department's accounting functions and documented processes, specifically related to the Department's revenues. We reviewed policies and procedures, interviewed Department personnel, and performed testing on certain sampled items related to processing of receipts, building permits, business taxes, and inspections. The objective of the internal audit was to evaluate and test the design and effectiveness of internal controls for documentation that procedures implemented ensure compliance with local and state laws. Procedures to be evaluated include the following: • Procedures implemented to issue building permits and perform inspections in accordance with Florida's Building Code and Town Ordinances. • Procedures implemented to monitor Customer Service Response. • Procedures implemented to administer the Business Tax Receipt Licensing Program. Scope The specific procedures performed were based on the concepts of selective testing. Although our testing was performed in some areas without exception, we can provide no assurance that exceptions would have been detected had procedures been changed or expanded. It should also be recognized that internal controls are designed to provide reasonable, but not absolute, assurance that errors and irregularities will not occur, and that procedures are performed in accordance with management's intentions. There are inherent limitations that should be recognized considering the potential effectiveness of any system of internal controls. In the performance of most control procedures, errors can result from misunderstanding of instructions, mistakes on judgment, carelessness and other factors. Internal control procedures can be circumvented intentionally by management with respect to the execution and recording of transactions, or with respect to the estimates and judgments requirement in processing of data. Controls may become ineffective due to newly identified business or technology exposures. Further, the projection of any evaluation of internal control to future periods is subject to the risk that the procedures may become inadequate because of changes in conditions, and that the degree of compliance with procedures may deteriorate. Summary of Results: Overall, the Department has appropriate internal control measures in place to ensure that the Department is operating as intended; however, we did note some areas where improvements, if implemented, could strengthen the overall internal control framework. N W 3 EXECUTIVE SUMMARY Below is a summary of Crowe's audit procedures where we noted areas of improvement. We also listed the corresponding opportunity for improvement, summary, and risk rating. The detail for this table can be found on page 11 of this report: Audit Procedure Opportunity for Improvement Audit Finding Risk Rating Building Permits and Inspections 1 Monitoring of Open or Expired Permits Building Permits and Inspections 2 Incomplete Permit File Documentation Cash Receipts 3 Recording of Cash Transactions LOW RISK Business Tax Receipts 4 Segregation of Duties Related to Business Tax Receipts HIGH RISK Building Permits and Inspections 5 Lack of information and Formal Monitoring of Building Permit Status During our audit we noted that three years ago Code Enforcement was part of the Planning, Zoning, and Building Department. In 2008, the Code Enforcement branch was transferred to the Police Department. The Building Department continues to use Code Enforcement for assistance on customer complaints, unpaid Business Tax receipts, and other enforcement. N P 4 EXECUTIVE SUMMARY Rating Risk Risks are evaluated based on its "significance"to management's strategy and its "likelihood" to occur. This will result in a risk profile of the highest risks to the organization as presented below: m a 11 HIGH MODERATE LOW N .�i EXECUTIVE SUMMARY The Crowe Horwath Risk Model 5M Definition of Risk Business risk is an event,action,or failure to act that may adversely affect an organization's ability to achieve its business objectives and successfully implement its strategies.Below is a graphic profile of Crowe's Risk Model,which identifies various types of risk: External Risks _ Regulatory/Legal Strategic Risks Investor Relations Leadership p Competitor Alignment Financial Markets Planning Catd5tr0 hIC LOSS Sovereigp/Political Communication Busyness Model Information Risks `1 Product/Service Pricing S Integrity Risks Performance Measurement; O erations Bud Fraud et&Plannin p ��``"`�� � g g � ,a���t� �; Authority Limit Accounting Information �� " Unauthorized Use Financial Reporting Reputation Access Availability Operations Risks Risk Customer Price Human Resources Liquidity Credit Product Development Supply Chain Business Interruption Compliance Performance N r PROCEDURES PERFORMED PROCEDURES RESULTS Procedures implemented to issue building permits and perform inspections in accordance with Florida's Building Code and Town Ordinances 1. Through interviews with Management and review of documented policies and procedures, document the procedures over issuing building permits and performing inspections. Document the process through Interviewed management and documented results. We noted a lack of preparation of a flow chart. Specifically focus on the internal controls over each of the process, documenting reconciliation procedures,see Opportunity for Improvement 1. the individuals involved,documentation related to review and approval,etc. a. Review the procedure and determine whether appropriate internal controls are implemented to Reviewed and documented internal controls, see Opportunity for ensure that building permits are issued based on the Building Code and Town Ordinances. Improvement 1. Documented, the building permit software (a module of the Eden i. Document the type of reviews and sign-offs are included in the process. system)has built in approvals for each of the permit stage(s). No issues noted. ii. Specifically document how the Department ensures that all permit and Eden has built in approvals for each of the permit stage(s). No issues inspection activity is properly included in the system. noted. iii. Document how information included on the website (correlates with the Documented. Contractors may acquire access to Eden on-line system to information in Eden. schedule payments and inspections. 2. Choose a random sample of 50 permits from calendar year 2010 from the Eden System. Sample selected. a. For each permit, document whether appropriate documentation was submitted by the Crowe selected and tested fifty(50)permits. We observed instances of requestor and reviewed by the Department. Determine whether the documented procedure where the documentation did not conform to the existing policies and was adhered to and document differences. procedures,see Opportunity for Improvement 2. b. For each sample permit, document whether proper inspections were performed, documented, Crowe selected and tested fifty(50)permits. and approved. See Opportunity for Improvement 2. C. In the testing spreadsheet, document specifics of the permit related to date, type of work For the fifty(50)permits selected and tested, Crowe included the details performed. of type of permit,application date,approval date,and permit number. d. Determine whether the appropriate fees were collected by the Department, based on the type No issues noted. of work performed. Crowe selected and tested fifty (50) permits. We observed instances e. Determine whether the Department completed the proper application sufficiency checklist. where the documentation did not confirm to the existing policies and rocedures,see Opportunity for Improvement 2. f. Perform an analysis of permits to determine the length of time from submission of permit Crowe was unable to perform the analysis based on the information application to permit issuance. available from the Department,See Opportunity for Improvement 5 N v 7 PROCEDURES PERFORMED PROCEDURES RESULTS Procedures implemented to issue building permits and perform inspections in accordance with Florida's Building Code and Town Ordinances continued g. Testing should be performed based on the Department's documented procedures below. • All requirements and documentation, as outlined in the"Activity Check List"on the "Permit Actions"form(within the action line)is completed and/or attached. • There are no open or expired permits(e.g. not final)on a property since October 6, Crowe selected and tested fifty(50)permits. Crowe noted the following 2008 (institution of the new permit system). This provision may be waived exceptions during testing: under emergency circumstances as determined by the building official. • A permit application for a job that has a General Contractor (GC) must have the For twelve(12)of the fifty(50)sample items tested we noted GC's signature on Page 1 and the Master Permit # in order to process the there were open or expired permits on the property at the permit application time a new permit was issued, see Opportunity for • A permit must be submitted by a GC if there exist a number of smaller recently- Improvement 2 issued permits, which indicate that a GC may be necessary (check with Building Official to see if a GC is needed) For six(6)of the fifty(50)sample items tested,we noted that • The permit application must be submitted by the GC on the job (may not be not all the required schedules on page 2 of the application were completed,see Opportunity for Improvement 2 submitted by a 2nd GC, (cert= CBC, CGC, CEC, etc, or description of work indicates that a GC is required);(can't have 2 GCs on a job). This requirement may be waived by the building official under unusual circumstances. For one (1) of the fifty (50) sample items tested, noted • All applicable schedules are completed on Page 2 of the permit application. that the related plans could not be located during g t testing, The permit application must include a recorded, notarized Notice Of see Opportunity for Improvement 2 • Commencement,for work equal to or greater than$2,500, or A/C replacement • For one (1) of the fifty (50) sample items tested, we noted work equal to or greater than$7,500. Plans must be black-line,signed and sealed. that a new permit was issued when there was a hold on the • property for a returned check related to an earlier permit, see • All revised plans must be bubbled with a new revision date on each applicable Opportunity for Improvement 2 page. • Plans must be within the size limit in accordance with Department policy For two(2)of the fifty(50)sample items tested,we noted that • Permit application must be complete,signed and notarized as required. the permit fees were not paid on date of permit application, • All fees on the parcel owing to the Town must be paid. (If not, Town must issue see Opportunity for Improvement 2 letter explaining why permit cannot be accepted). • Permit must be for a validated address • All permit fees are due upon permit application submission. 3. Choose a random sample of 20 inspections from calendar year 2010 from the Eden System. Sample selected. No issues noted. a. Determine if inspections occur within 24 hours of the request in Eden. Crowe selected and tested twenty(20)inspections. No issues noted. b. For each inspection, document whether appropriate documentation was submitted by the requestor and reviewed by the Department. Determine whether the documented procedure Crowe selected and tested twenty(20)inspections. No issues noted. was adhered to and document differences. C. For each sample inspection, document whether the inspections were performed, Crowe selected and tested twenty(20)inspections. No issues noted. documented,and marked as pass/fail within the Eden system. d. For any re-inspection fees assessed for several (3 or more)"failed" inspections, determine if Crowe selected and tested twenty(20)inspections. No issues noted. those fees were collected in a timely manner($75). N 00 8 PROCEDURES PERFORMED PROCEDURES RESULTS Procedures implemented to handle and record cash receipts 1. Through interviews with Management and review of documented policies and procedures, document the Reviewed and documented internal controls see Opportunity for procedures over the handling of cash. Improvement 3. a. Document all requirements for the Department to handle cash and determine who handles Documented.The Department's permit branch handles cash, records in records,and reconciles cash transactions. Eden and reconciles on a daily basis. see Opportunity for Improvement 3. b. Review the procedure and determine whether appropriate internal controls are implemented Reviewed and documented internal controls see Opportunity for to ensure that cash received is handled appropriately,tracked,and reconciled. Improvement 3. C. Document how pre-numbered receipts are used, if at all. Documented. Eden receipts are issued upon collection of payment, the receipts are pre-numbered, no issues noted. 2. Document what type of documentation, reviews and sign-offs are included in the process and whether they Sample selected. No issues noted. are sufficient. Obtain reports tracking the Business Tax Receipt Licensing for the period of January 1, 2010 through December 31,2010. d. Choose a sample of 30 transactions from calendar year 2010. (Samples from other testing Crowe selected and tested thirty(30)cash receipts. No issues noted. may be used.) e. For each incident, document whether the cash received was handled in compliance with any Crowe selected and tested thirty(30)cash receipts. No issues noted. documented policies and procedures. f. Determine and document whether each amount of cash received agrees to amounts Crowe selected and tested thirty(30)cash receipts. No issues noted. included on supporting documentation. Identification and Reporting of Ethics Violations in Accordance with Town Policies 1. Through interviews with Management and review of documented policies and procedures, document the Reviewed documented policies and procedures. No issues noted. procedures over identifying and reporting ethics concerns in accordance with Town policies. a. Review the procedure and determine whether appropriate internal controls are implemented to ensure that requirements in this area are monitored, followed up on, and in compliance Reviewed documented policies and procedures. No issues noted. with Town and County policies. Documented. The Department follows the Town's polices and b. Document if there are processes in place by the Department to monitor the personal use of procedures and Management and the Department has a policy in place any Town vehicles, in compliance with Town ordinances. to ensure all vehicles are used for Town purposes only. No issues noted. i. Document which employees have access to Town vehicles and whether internal Documented. The Department follows the Town's polices and controls are in place to determine when, and if, vehicles are used for purposes procedures and Management and the Department has a policy in place other than Town business. to ensure all vehicles are used for Town purposes only. No issues noted. Documented.The Department reminds the staff informally at every staff C. In compliance with Town ordinance, determine whether the Department has a process in meeting and formally around the holidays not to accept any place for employee reporting of payments from residents, or related to payments from any monies/gifts. Furthermore all staff is required to report any monies outside entities. Obtain reports from the Human Resource Department related to reporting of received for additional work performed to the Town on an annual basis. monies and/or gifts received by Department employees. Crowe reviewed reports provided by the Human Resource department. No issues noted. 9 PROCEDURES PERFORMED PROCEDURES RESULTS Identification and Reporting of Ethics Violations in Accordance with Town Policies,continued Documented. The Department reminds the staff informally at every staff i. Determine whether the Department is aware of any employees receiving funds or meeting and formally around the holidays not to accept any monies/gifts. payments by outside entities,or Town residents. Furthermore, all staff is required to report any monies received for additional work performed to the Town on an annual basis. No issues noted. Procedures implemented to administer the Business Tax Receipt Licensing Program 1. Through interviews with Management and review of documented policies and procedures, document Reviewed and documented internal controls see Opportunity for the procedures over the administration of the Business Tax Receipt Licensing Program. Document Improvement 4. the process through preparation of a flow chart. a. Review the procedure and determine whether appropriate internal controls are implemented to ensure that the fees related to the program are appropriately levied and collected, as Reviewed and documented internal controls. No issues noted. required by Town Ordinance 9-07. b. As part of the interview, document how the Department ensures that all businesses that fall Documented. Both the Department and the Police Department's Code within the requirements of the Ordinance, are appropriately levied a Business Tax. Enforcement branch ensure that all businesses have paid the proper Business Tax Receipt. No issues noted. 2. Document what type of documentation, reviews and sign-offs are included in the process and whether they are sufficient. Obtain reports tracking the Business Tax Receipt Licensing for the period of Documented and tested. No issues noted. January 1,2010 through December 31,2010. a. Choose a sample of 50 Business Tax Receipts collected during calendar year 2010 to verify Sample selected. No issues noted the amounts collected were in compliance with Town Ordinance. i. For each receipt, document whether the receipt collected was in compliance with Crowe selected and tested fifty (50) business tax receipts. No issues the Town Ordinance. noted. ii. Document the type of documentation available to support the Tax Receipt. Based Crowe selected and tested fifty (50) business tax receipts. No issues on specific requirements, prepare a testing worksheet that encompasses all noted. requirements. iii. For any late payments,document whether fines were assessed. Crowe selected and tested fifty (50) business tax receipts. No issues noted. b. Choose a sample of 40 businesses that fall under the Business Tax Receipt ordinance to Sample selected. No issues noted. verify amounts were collected. i. For each business, document whether the Business Tax Receipt was collected Crowe selected and tested forty (40) business tax receipts. No issues during 2010. noted. ii. If the Business Tax Receipt was collected after September 2010 ensure a late fee Crowe selected and tested forty (40) business tax receipts. No issues was assessed and collected. noted. iii. If the Business Tax Receipt was not collected during 2010 ensure follow-up is Crowe selected and tested forty (40) business tax receipts. No issues being conducted by Code Enforcement to collect the delinquent tax. noted. N O O 10 OBSERVATIONS AND RECCOMENDATIONS Overall, the Planning, Zoning, and Building Department has adequate internal control measures in place to ensure that the Planning, Zoning, and Building Department is operating as intended. However, the following observations were noted during our audit procedures: 1. OPPORTUNITY FOR IMPROVEMENT 1 — Monitoring of Open or Expired Permits: Per our discussions with Planning, Zoning, Building (PZB) personnel, there is no reconciliation performed on the merging of, long outstanding (open), or expired permits. In most cases, old and outstanding permits relate to permits requested for non-permanent items, such as tents. A process for a periodic reconciliation or review related to old and outstanding permits could help the Town prevent an increasing list of outstanding permits within their system by allowing the Department to timely address the issues creating the old and outstanding permits. Recommendation: We recommend the Department generate a report from the Town's Eden system permitting module on a quarterly basis and review the open and/or expired permits. During this review process, the Department should reconcile the open and/or expired permits to the know issue(s) preventing the permit from being closed. This reconciliation could help ensure that the proper review processes are in place and additional information can be obtained on older/expired permits that should be closed or mapped to newer permits. Additionally, the Department should determine if they have the legal ability to require a contractor to close a permit. Management Response /Action Plan: The Town currently has approximately 1,500 permits and permit applications which are in expired status from 10/1/2008 to 6/30/2011. These represent 8.2% of all permit applications processed for this time period (18,190), and consist of permits which contractors have not pursued or completed, as evidenced by a passed final inspection. The Department instituted a new procedure in April of this year. This procedure requires that expired permits must be reactivated, and all open or reactivated permits must be resolved in one of the following 3 ways before a new permit can be issued for a property: 1. Become a sub-permit of the new permit. 2. Receive a passed, final inspection. 3. Receive written permission from the Building Official to remain unattached to the new permit (used in situations where two contractors in unrelated professions are working on the same property). To date, this policy has resulted in the resolution of open permits on every property for which a new permit was issued since its implementation. 11 OBSERVATIONS AND RECCOMENDATIONS The Department will be conducting quarterly reviews of open permits to ensure that its procedures are being followed, and that permits are being finaled in accordance with the procedures. Individual(s) Responsible: John S. Page, Director of Planning, Zoning & Building Due Date: On-going (Quarterly)for reconciliation of open or expired permits On-going for resolving open or expired permits 2. OPPORTUNITY FOR IMPROVEMENT 2 — Incomplete Permit File Documentation: During Crowe's testing of fifty (50) building permit files, we identified the following file documentation exceptions for items required by the Department's Permit Administrative Guidelines. The following issues related to twenty-two of the fifty permits tested. • For seven (7) sample items tested, we noted that required documentation was incomplete or not included in the permit file: • For one (1) permit, there was no documentation of the contractor's worker's compensation insurance coverage. • For one (1) permit, there was no Notice of Commencement (NOC) attached to the permit. We noted there was another master permit related to this property which had a NOC attached that covered this master permit; however, the documentation was not attached to this permit number in the Eden System. • For one (1) permit, the permit was entered into the Eden System as a residential permit; however, the permit should have been entered as new commercial construction. • For one (1) permit tested, the NOC was not completed in the file. • For two (2) permits tested, the certification table not completed and there was no checkmark in the box pointing to the Notice of Commencement (NOC). We did note that the NOC was completed and in the file. • For one (1) of the seven (7) sample items tested, Page 2 of the permit application was not completed. • For twelve (12) permits tested, we noted open or expired permits on the property at the time a new permit was issued. • For six (6) permits tested, we noted that not all the required schedules on page 2 of the application were completed. • For one (1) permit tested, we noted that the related plans could not be located during testing. • For one (1) permit tested, we noted that a new permit was issued when there was a hold on the property for a returned check related to an earlier permit application. • For two (2) permits tested, we noted that the permit fees were not paid on the date of permit application. We also noted that while the Department has created an Application Sufficiency Checklist within the Eden System. The checklist, however, has not been updated for the most recent policies. Additionally, this checklist is currently used as a reminder feature instead of a control document that should be completed and retained with the file. N N 12 OBSERVATIONS AND RECCOMENDATIONS Recommendation: We recommend the Department follow the current policy, "Conditions For Issuing a Permit" included in the Permitting Administrative Guidelines. To ensure the Department Policies are followed and completed by each user, the Department should determine the feasibility of utilizing the Checklist as a control document, rather than a reminder feature. Meaning, the Checklist should be completed as part of the process to ensure that permits are processed consistently and are included as part of the supporting documentation for each permit. Management Response /Action Plan: • The Permitting Guidelines Manual is being modified to reflect recent policy changes. • The Activity Checklist for each Action in Eden is being modified to reflect current requirements. • A quarterly review of a sample of 50 permits will be conducted using a new checklist being developed, which includes items contained in the auditor's review, as well as additional items (e.g. field verification of completed inspections). This review will help maintain consistency in permit processing, and will identify additional training requirements and needed modifications to the permitting guidelines manual. • The permit application has been changed to include a checkbox next to each requirement that must be met in order for the permit application to be accepted. These boxes must be checked by the intake person at time of permit submission. Applications will not be accepted unless all required fields on the application are completed and all required documentation is received. Full completion of the application and having all required documentation at time of submission will be reinforced with the contractors at the Department's quarterly contractor meetings. Individual(s) Responsible: John S. Page, Director of Planning, Zoning & Building Due Date: Completed - Modifications to Application July 31, 2011 - Modifications to Manual and Checklists On-going (Quarterly)for Permit Processing Review 3. OPPORTUNITY FOR IMPROVEMENT 3 — Recording of Cash Transactions: LOW RISK Per our discussion with PZB personnel and our observations during our permit testing procedures, we determined that cash and check receipts were not recorded in the same manner. We noted that when permit fees are paid in cash, revenue is recorded at the point of sale and recognized in the Building Department Permitting system as earned. This practice is inconsistent with the practice for recording receipts received in the form of a check, which included recording an amount as deferred until the permit is issued. Per discussion with PZB personnel, we noted that this was the agreed upon process and Eden would not allow cash to be recorded as N W 13 OBSERVATIONS AND RECCOMENDATIONS deferred revenue. Upon our inquiry PZB personnel discussed the situation with the Town personnel and devised a new procedure for accepting cash payments for permits as follows: In May 2011 PZB will "set up some new codes in the Eden' cashiering system which allows us to accept the payments on the day they are received, and enter them into the cashiering system using the new code. PZB will then take that receipt and post it to the applicant's Eden PM Customer account which satisfies the bill due and places any balance on account. (Posting into Eden is how the amounts paid hit the GL accounts). At the end of the day, we enter offsetting amounts into the cashiering code to return the balance to -0-." Recommendation: We recommend the Department implement the new procedure as stated above to ensure that all amounts received are recorded consistently, whether received in the form of cash or check. Management Response /Action Plan: The procedure referenced above, which allows acceptance of cash payments on the day they are received, was developed by the Staff, approved by the Internal Auditor, and implemented while the Internal Auditor was conducting the audit. Individual(s) Responsible: John S. Page, Director of Planning, Zoning & Building Due Date: Completed 4. OPPORTUNITY FOR IMPROVEMENT 4—Segregation of Duties Related to Business Tax Receipts: HIGH RISK We observed that the Development Review Specialist is currently performing the following conflicting duties: preparing invoices for tax receipts, receiving cash payments, preparing the deposit, and performing reconciliations between Eden and other manually prepared reports. This is a segregation of duties issue because a material error could occur and not be prevented or detected in a timely manner. Additionally, there is little to no oversight of the process and no documented review of the procedures performed. Recommendation: The Department, to the extent possible should evaluate the ability to segregate these conflicting duties and implement adequate supervision and documented review procedures. The review could consist of a periodic random sample based on average activity. A new hire was added to the Department in April 2011 which should allow some opportunity to implement these recommendations. Management Response /Action Plan: The Department brought this issue to the Internal Auditor's attention on the initial visit, along with possible solutions, and asked the Auditor's assistance in addressing this issue. The Department's concern was that it had one employee assigned to the BTR 14 OBSERVATIONS AND RECCOMENDATIONS program, who was also charged with providing secretarial support to the Planning & Zoning Commission and the Zoning Administrator, as well as providing permit intake coverage when required. One possible solution is to have all BTR payments submitted to an outside institution, which enables the billing functions to be separated from the receipting functions. The Auditor indicated that this would be an acceptable procedure. The Department is exploring this option to identify the associated process and costs, and consulting with a neighboring community who uses this procedure within the Eden software system. The staff believes this to be viable alternative, although recent legislation (which transfers state responsibilities to local governments in collecting proof of state certification prior to issuance of renewals) may present a problem logistically and will need to be resolved. In the meantime, as soon as the staff is at full complement, the Department will begin dividing duties within the BTR program. The distribution of duties will occur in such a way as to separate the functions of billing for Business Tax Receipts and renewals from the issuance of licenses. The Department also will be conducting quarterly reviews of a random sample of 20 activities, to ensure that proper processing of licenses and payments continues to occur. Individual(s) Responsible: John S. Page, Director of Planning, Zoning & Building Due Date: On-going (Quarterly) - Review of BTR activities October 1, 2011 — Re-assignment of BTR receipting duties April 1, 2012 — Implementation of 3rd-party collection of BTR payments (if adopted) 5. OPPORTUNITY FOR IMPROVEMENT 5 — Lack of information and Formal Monitoring of Building Permit Status: During the performance of our procedures, we attempted to perform an analysis of the length of time involved to issue building permits, based on information available. However, we learned that due to the way in which information was recorded and maintained in the Eden system, the analysis would not provide accurate information without a detailed and time consuming review. Based on discussions with management, the information provided included the total time that the permit was with the Department and not the total time the Department took to process the permit. For instance, in certain situations, the processing of the permit could require additional information from the contractor. However, the report in Eden would not reflect that the permit was sent back to the contractor, therefore, skewing the information on the "Route Summary Report". During May 2011, the Department began to institute a new process with the help of the Eden Software vendor. N 15 OBSERVATIONS AND RECCOMENDATIONS Recommendation: The Department should continue to work to implement the new process to ensure that accurate permit processing information is available at all time. This information will assist the Department in monitoring and tracking processing times, as well as determining if there are issues with particular permit applications, through regular review of the "Route Summary Report" in Eden. Management Response /Action Plan: Although the staff has always been able to determine processing times fairly accurately, using permit volume, submission dates, time of year and amount of staff, we recognize the importance of using quantifiable data to enable contractors to schedule and perform work. The reports generated by the new software system reflect total elapsed time for processing a permit, but do not accurately reflect the time a permit application is reviewed in-house (an application might be reviewed and returned to a contractor, and may not be resubmitted for a month, for example). In March of this year, the staff developed and implemented a new process which uses software capability to stop the clock on a permit application that has been returned for additional information, and restarts it when the application is resubmitted. This was the first step in determining how long a permit is in-house for review. We are using the new clock feature to develop a report that will show total elapsed and in-house review times for permit processing. When the report has been formulated, and data is identified and captured, we will be able to accurately reflect our processing times at any point in time for any given period, enabling us to more accurately determine resource needs, notify contractors of processing times for their planning purposes, and help regulate distribution of duties in-house. Individual(s) Responsible: John S. Page, Director of Planning, Zoning & Building Due Date: October 1, 2011 N 16 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Lighting Request from City of West Palm Beach for Flagler Memorial Bridge. Presenter H. Paul Brazil, Director of Public Works Supporting Documents • Memorandum dated July 25, 2011, from H. Paul Brazil, Director of Public Works. • Attachment 1 - Bridge Lighting Pole • Attachment 2 Bascule Lighting Pole • Letter from City of West Palm Beach dated May 26, 2011 267 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 TO: Mayor and Town Council FROM: Peter B. Elwell, Town Manager RE: Flagler Memorial Bridge Accent and Bridge Lighting DATE: July 25, 2011 STAFF RECOMMENDATION Staff recommends that Town Council review the details for the proposed Flagler Memorial Bridge accent and bridge lighting and indicate if they are willing to accept the operation and maintenance of bridge accent lighting. Further, if the Town wants the Florida Department of Transportation (FDOT)to install decorative street lighting on the bridge,the Town must indicate a willingness to accept the operation and maintenance of said lighting,otherwise,FDOT would install their standard cobra head lighting. GENERAL INFORMATION PCL Civil Constructors (PCL), the designibuild contractor for the Flagler Memorial Bridge, continues to work on finalizing the bridge plans. One element to be decided is the type of lighting (street lighting and accent lighting) to put on the bridge. STREET LIGHTING The Town has indicated a willingness to accept the maintenance responsibility of decorative lighting (operation and maintenance of the existing poles and fixtures is performed by the Town), conditioned upon the Town's acceptance of the style of decorative lighting. FDOT's contractor has proposed a light and pole (Attachment 1) similar to the lighting on the Royal Park Bridge. One variation, in order to not have poles on the bascule span, would be to have four light fixtures with a tear drop fixture on the four corners of the bascule span, similar to the fixtures now on Royal Poinciana Way (Attachment 2). Town staff is recommending that Town Council approve these lighting fixtures and to agree in concept to execute a Highway Lighting and Maintenance Agreement for the bridge lighting. This document would be prepared and presented to Town Council at a future meeting. Town Council has already given a conceptual approval to execute a landscape maintenance agreement for items on Royal Poinciana Way. The operation and maintenance of street lighting on State roadways in Palm Beach is performed by the Town. In the current fiscal year, FDOT pays the Town on average $190 for each street light. Electricity costs range from$30 to$50 a fixture per year. With a replacement value for a decorative pole and fixture of approximately $7500 per pole and an estimated 25 year life, the cost for decorative pole and fixture replacement is $300 per year, less $190 a year from FDOT, results in a 268 net cost to the Town of$110 per pole per year. There are an estimated 84 light poles on the Town's side of the bridge, so the net annual cost to the Town is $9,240. ACCENT LIGHTING During the design development phase,Town representatives on the aesthetics committee agreed that accent lighting would be a nice feature to have on the bridge. While this is preferable, the decision to accept the operation and maintenance responsibility rests with Town Council. When this was relayed to FDOT and City of West Palm Beach representatives, City Administrator Ed Mitchell wrote a letter to Town Manager Elwell requesting that the Town agree to share in the costs to operate and maintain the system. A copy of Mr. Mitchell's letter is attached. PCL has proposed two types of decorative lighting, either a metal halide fixture or a LED fixture. Both fixtures will provide a similar white light on the bridge. A review of the LED fixture is continuing to determine whether it will hold up in a saltwater environment. The annual cost for an estimated 57 accent light fixtures is estimated at$5,000/year for LED and$4,900 for metal halide, which includes both electricity and fixture replacement. The only other expected cost would be replacement of the service wire. This is estimated at an additional$1,500 a year for a total estimated average annual cost for the decorative lighting to the Town of$6,500. (Note:The Town would only maintain the lighting that would be east of the Bascule span.) It should be noted that the City would like to see a multicolored accent lighting system capable of changing colors to suit a season or holiday. PCL is not proposing this system. The City has indicated that if the Town did not participate in the accent lighting, they would consider assuming responsibility for the entire bridge. In this case, they may pursue the multicolored lighting. FUNDING/FISCAL IMPACT The estimated annual cost to operate, maintain and replace (as needed) 84 roadway lighting poles and fixtures on the Flagler Memorial Bridge is$25,200,less FDOT reimbursement of$ 15,960 for a net annual cost to the Town of $ 9,240. The estimated annual cost to the Town to operate, maintain and replace (as needed) 57 bridge accent lights is $ 6,500. Attachments cc: Jane Struder, Finance Director Eric Brown, P.E., Assistant Director of Public Works James M. Bowser, P.E., Town Engineer Steve Kartrude, Electrical Supervisor 269 ATTACHMENT 1 WSW- VrMAW PAW c�rAe PANEL LAYOUT FOR TYPE;111 DIERIOU•71ON It/awl 9yofm7WS h SttiF tpzat V MMAr .W-Al NrDI GiSf AGYTIS PArd7 � l�O.�F . 11'" � •. ,uuyd'dar,�' W��;. GiSJ All8d1d11� 1 ROW A'(J)SIWEZ Mc PAdi'r U I.i�SY wr,9ta'&wycks SIEEt r mss lonof n.wisYa J • l a.Al,�V Cf illd+A'Af1�hfJP - • I f�"f BAS l�"IAil J��rb'X 9'l!N'C HY rA{,E. •% . dFE'f$tU'4fY;, l�xr arnr rux�sfs� lxslx�in�fr -l�Er(ASr,�1�I '.,' rAS�if.,U,p hvr s 'k ' i,�Y�7.uy lust' ' (70Haplial shy PFAA;CRRka' Ia^a'htlst QAtd� �'@FAW A'EC�i7Cd1JRYS i rl asp coax 0Ir7�av e a f(7P Q(7fHUL�"lJfrEALt ZZ,awplY J�' r0.cd'raC SPY a err. JWN Bf(dd o w1f r Ru�Y S v wai r-z J/!- ONP rRR"(frEsr9cf AR71h", r�0"fRCdfr�`A'/Rl'1D�(Ftr�B'G4°PL 6UAb'Ar+ REv@"DJ wzio ovAiWO IFA�! AM P,1(i'T lld•X IRW PANT'.4'lM df MY • - dotacrr-flAS$C�ltA' PAMEENER DE'I'All. RIS 11Aw"m 0 Ar r!?4'1E010 Acapi r r/4' Imc R'-O' ACUf fU9!PikN fL Nf39Y ra rX-rranip ixw 1 A ga O 1RIN Alt tG1S�iY+ AV(ifs,errs' off.• Pr J/$-CxrAQalGil gw v w ' 1rAllhtSL' ' . ywr. e'i�(1/dJva:Jrr�ArflUlt'�rs,vra�,c€rr `�`• BAS•. r'P�r�cs>"A[rrurriiuA(torjtra.iss'f�?.�Sru� �k 1xe�r :- P�:u�:PAP1r ra�rPAev�s�,v�l�r.�ruvs I u�s trtn Br omys Azar- ASSN GfArX # A s5 G CCY,4rrP N 0•stuwEd WN arm hw E, 'A17 Wrr as elydwom+E sn o rxYl YY7 r4r i; 6UM SRO PMM Ml-;W lAf, I1°P291r AV hat r0 —�- mu(8Ar; mr ',A ACrWWffcA 1/f"-r's1 OW SW �xYftlFZ714N " rmaiDsmsrOkk77SJ sx AW act Mf �, - AS�3R7P6tT is r/r'cx�(nrart�sl rw bql AfCIECIX31:° f ALld4Yl1 j C'biTAA0 CtX s� � - IlhP.7f J lf1'at x6,M(10,faTPr a=Awl J/r'fTMIKOT GrJr lrCA3rB�AGt£f .L'C17gV B-8 rbv asxxrArxrvJ a Prrr�r��1r�r�EAxArrAr . • UMINAM, per: rl'kClA x /its f'11X A1G�l l�`Alf dASI-rditJ� • ✓� � •• �'p''ACYfsslAxaP &KC l(RAVS OV J/k'fNax rlrsgr. E d Q `° Yft 100 B�IEG%�YCi (/rLK{lfa StJ'APAPIJ r l/#'X 1'JtD1 rD „ti ALt'Q49;L?1AlE A J/r', ,cam srxr(r Al x E ar�aprAaf ArX xJ/$'rhr ArAphf' �xrC4h7f SECTIO _A— rc ArEQ x w 1}flAl f(UlI fA7lT�C7� J/rP'rxkxxul EDENIIFICATION 'AG DETAIL ccr.+rarr�ra lsc Fa�A xsaae SCKJ-15,rrww His IW,Q htxE NU - SECTION $-B xr..£ : LIGHT STANOARD MEETS 150 MPH WND LC d as k`*PRELIMINARY DESIGN (7WYA'" t� ATTACHMENT 2 LONG BEACH Series WL30W30 Roadway & Traffic Signal Posts rye-ra (Clamshell Style Bases) Selection Guide WLC88/2 CR-14 WL30W30 CR-13 WLC72/1 CR-14 PRF/LTD PRF A-3 A-3 BAC19 AT23 L FAB BACD7.1/2 [-13 Part# 36A4 page# A-1 I I I I I � I LB33 I � C-10 _ I — I I — I I AT23 L FAB I I [-13 I I I I # I I � I I I I I I I I I I I I I I I BAC 19 BACD8.1/2 36A4 A-1 I P 7g i f y ., ;.e�.. ,.,.^y.t�...a. •� ,,..a<�.-. j 3�±S6..'-s;k-Z-'�i'"�,;�e- =}..._s._ �."'� -f',( � .� � -��it x"'a�F��r-s"1"f7F"' � a =;r Crt"aa !- '�i'� Y 3' Fpr Spee(f3ca11ooYth ;inq olhe[par{S,See fFi e_> tS�fs a i3z;hehlnd rQ es t1 !:, aT�s n_s Top Nml�j:l"rs Ltd�r±y. , ; 9 &Pendantfrl 1 � � 1•RF�Est op G,1o;sarrn5;;�1s_ ��( lF�s Stgnag,Q-{�}?v��G� §�Bry(R) ,For�ofhe�tumlr7aue ; E�� ,;^#"f `y i�,:.,.�� T<-and At7Yl ahotce -.r. ii$f.Sltjlg CxlamSheti S2Y32S-f:' :r f § f:'s„as�;?� d:.�Y� �1IC? T Streeta�n " ;'>the f sirC,�1 cvr�slS of;a shaffµnth an Igfe 1��;Q;?Gh4114pse'(a�ate�1hA bpse sha1tFta R e�orotWe,�yvo-pteee[x<ase,„�f5tc�r�`asler�.s , 201��;W t2t��idb�rg Auslin,':TX 7675?5; togee(`argVl7d 1eSg posh For 5t5aff pions ante[tSrS�(,(� 5BitgpecificativnEfOti�ias�$pdGl�page of tfiis,SeTechpr5 guide (512j 97.7 8444 F 12):477 4522": Office of the City Administrator ne P.O. Box 3366 rt ' 401 Clematis Street (33401) City West Palm each, FL 33402 fyft t Telephone: 561-822-1400 Fax. 561-822-1424 We4 'Palm 'Ve"h ``The Capital City of the Palm }beaches" May 26, 2011 Mr. Peter Elwell Town Manager Town of Palm Beach P. 0. Box 2029 Palm Beach-FL 33480-2029 Dear Mr. El As you ar aware, over the last couple of years, appointees for both the City of rest Palm Beach and the Town of Palm Beach participated in a committee established by FDOT that looked at the proposed aesthetic elements of the replacement Flagler Memorial Bridge. The inclusion of accent lighting was one of the design elements that both the City's and the Town's appointees agreed would be an enhancement to the bridge. At the time of the committee's discussions it was referenced that the maintenance cost for the accent lighting, as well as for the over deck lighting, would be shared by the City and the Town. As discussed recently, the Florida Department of Transportation (FDOT) has asked the City of Nest Palm Beach to commit to funding the maintenance of the proposed accent lighting to be provided on the replacement Flagler Memorial Bridge. It is our understanding that the Town of Palm Beach may not be willing to cover a share of the maintenance cost for the proposed accent lighting. This letter is to request the Town of Palm Beach to reconsider its position and to agree to share the accent light maintenance cost with the City of merest Palm Beach. The City feels that highlighting the aesthetics of the bridge via accent lighting is an important element of the project and complements both the communities of the Town of Palm Leach and the City of West Palm Beach. As you are aware, the City of Vest Palm Beach is currently covering the entire cost of the maintenance of the accent lighting for the Royal Park Bridge, and we feel it would be fair if the Town decided to share the accent lighting maintenance expenses for the Flagler Memorial Bridge. "An Equal Opportunity Employer" 272 Town of Palm Beach Peter Elwell, Town Manager Page 2 We urge your strong consideration to this request, Please feel free to contact Urban Designer Ana Maria Aponte @ 561-822-1439. Yours truly, Ed Mitchell, City Administrator C: Jonatham Brambley, Engineering Services Director Charles Wu, Planning & Zoning Director Ana Maria Aponte, Urban Designer Alex Hansen, Senior Planner "An Equal Opportunity Employer" 273 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Request by Palm Beach Island Cats for Town Funding in the Amount of$120,000 for FY2012. Presenter Thomas G. Bradford, Deputy Town Manager Supporting Documents • Memorandum dated July 27, 2011, from Thomas G. Bradford, Deputy Town Manager • Email dated July 2, 2011, from David Leavitt, Palm Beach Island Cats • TPB Historical Feral Cat Expenditures • Memorandum dated July 27, 2011, from Kirk W. Blouin, Director of Public Safety 274 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Thomas G. Bradford, Deputy Town Manager Re: Consideration of Palm Beach Island Cats, Inc. Request for Town Funding of a portion of its Feral Cat Care Program Operational Expenses in FY 2012 Date: July 27, 2011 STAFF RECOMMENDATION Staff recommends Town Council provide staff with direction relative to the attached request for funding from David Leavitt on behalf of Palm Beach Island Cats and its Palm Beach Feral Cat Care Program. GENERAL INFORMATION The Town received the attached request for an FY 2012 budget appropriation from David Leavitt on July 2 requesting $120,000, which is estimated to be 50% of Mr. Leavitt's projected 2012 annual operating program cost in Palm Beach. These funds would be devoted to trapping, spaying,revaccinating and responding to resident calls. Also attached is a spreadsheet from the Finance Department showing the Town's historical expenditures for care of feral cats. The Police Department was requested to report on its observations of Palm Beach Island Cats operations and their report is attached. Palm Beach Island Cats is currently working to convert a number of its feeding stations to registered colonies with Palm Beach County Animal Care and Control. FUNDING/FISCAL IMPACT The request, as submitted, will impact the FY 2012 budget by $120,000. Alternatively, the Town Council could authorize a General Fund Contingency allocation just prior to the close of the 2011 fiscal year or at the beginning of fiscal 2012. Either way the balanced FY 2012 budget would not be impacted if done in this manner. cc: Kirk Blouin, Director of Public Safety Dan Szarszewski, Deputy Chief of Police Jane Struder, Director of Finance 275 �y otor B BweH to: Thomas G. Bradford 07/12/201106:01 PM From: Peter B Elwell/PalmBeach Thomas G. Bradford/Pa lmBeach @PalmBeach t IK-A,ory: This message has been forwarded. -----Forwarded by Peter B Elwell/PalmBeach on 07/12/2011 06:01 PM----- From: "david ►eavitt"<d►►eavitt @verizon.net> To: <pelwel►@townofpa►mbeach.com> Cate: 07/02/201103:54 PM Subject: for Town Manager Elwell and Council Dear Mr. Elwell and Town Council, Palm Beach Island Cats (PBIC) has provided animal control services for the Town's homeless cats for over two years now. Our field operations continue to provide stellar service to our residents. We continue to trap, neuter, vaccinate, feed, respond to phone calls and give veterinary care to the sick and injured. Our program has been needed more than ever for the last year because of the increased number of feral and pet cats that are being brought to the Island and dumped. This is tough work. Our job is made particularly challenging because of the small percentage of self centered, imperial, abusive residents we must try to placate (one of many troubled individuals we have dealt with recently punched one of our colony caretakers in the head with no provocation, while he was quietly patting one of his cats). Remember that PBIC addresses citizen concerns daily, taking this responsibility off the shoulders of Town staff. Rats and mice have always been a concern on this barrier island. Cats keep the rodent population under control. The age old practice of using cats for rodent control is being embraced by large corporations and municipal governments. Enclosed are articles on cats successfully controlling rodents at Disney Parks and by the Los Angeles Police Department that illustrate this. There can be no question they work. And if you think there are no rats in Palm Beach please let me show you the holes they gnawed in my second floor screens, trying to get in my house. After we relocated 4 feral cats to my property, the rat problems ceased. And years ago at my parents' house on East Inlet Dr., a rat appear out of the toilet, which led to a good bit of excitement. Last season PBIC made fundraising advances thanks to our friends' support. We raised $135,000 at a Spring cocktail party. The fact of the matter is that $80,000 of that came from the same three PBIC Board members who kept us operating when the money ran out last year; the Giangrandes, Masons and Leavitts. After two years of depending on these individuals, we can not expect them to contribute at this level again in 2012. Despite all our cost cutting measures, the annual cost to operate this necessary program is projected to be $240,000 for 2012. It is my fervent hope that one day we can be self supporting, but it has proven to be impossible for a new organization in this economy. We respectfully ask that a $120,000 animal control line item for our program be added to next year's Town budget. 276 We will cover food and feeding while your portion would go toward trapping, spaying, revaccinating and responding to resident calls. I believe all of you realize that our work is required in Palm Beach. It is clearly needed to maintain public health, safety and welfare; the primary responsibility of municipal government. We understand you are doing everything possible to cut Town expenses just as we have for this program, but sadly during these troubled financial times, PBIC needs Town help to continue to provide this necessary service to our residents. Safeguarding the health of the cats safeguards our residents' health and controls rodents. Sincerely, David Leavitt President, Palm Beach Island Cats Inc. 277 Feral Cat Expenditures Expenditures Revenue* 2011 $ 27,000 2010 $ 25,000 2009 $ 75,000 2008 $ 75,000 2007 $ 125,000 2006 $ 120,056 2005 $ 80,000 2004 $ 104,802 $ 90,895 2003 $ 32,871 $ 59,824 *Revenue from donations 278 TOWN OF PALM BEACH Information for Town Manager To: Thomas G. Bradford, Deputy Town Manager From: Kirk W. Blouin, Director of Public Safety Re: Palm Beach Island Cats Date: July 27, 2011 The police department has not had any reported complaints over the past 12 months, in reference to feeding activities conducted by Palm Beach Island Cats (PBIC). This is a great improvement from previous years. Palm Beach Island Cats is required to abide by the county ordinance for maintaining feral cat colonies. See Section 4-8(b) (7) (c) of the Palm Beach County Code of Ordinances. Part of this requirement is to register each colony with County Animal Care and Control. PB Animal Care and Control has 16 registered colonies to PBIC in the Town of Palm Beach. PCE Manager Houston received the list of feeding stations from PBIC. There are 67 locations listed for current feeding stations. Deputy Chief Szarszewski contacted Winifred Barber, member of PBIC to discuss this discrepancy of feeding stations compared to colonies. Ms. Barber said it was cost prohibitive to list each feeding station as a colony, and that Animal Care and Control allows them to group several feeding stations by geographic area and list it as a colony. We are in the process of verifying with staff at Animal Care and Control, that PBIC has satisfied the registration requirement by listing numerous feeding stations in one colony. Deputy Chief Szarszewski also spoke with Leslie Moss who is on the Board of Directors for PBIC. Ms. Moss will list the feeding stations that are associated with each registered colony. He also told Ms. Moss that the list of feeding stations did not provide us with adequate data. Several of the locations are listed by street name only, with no numeric address. This information is too generalized for Code Enforcement and the Police Department for us to monitor their activity. She will provide us with a better description of the feeding stations. Sgt. JoAnn Holloway of Animal Care and Control informed the police department on July 26, 2011, that Palm Beach Island Cats would have to register each feeding station as a colony or reduce the number of feeding stations, but at this time they are not in compliance with the county ordinance. KWB/nt 279 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Worth Avenue Association's Request for Permission to Hold "Fashion's Night Out" Commercial District Event in Hibiscus Plaza. Presenter Thomas G. Bradford, Deputy Town Manager Supporting Documents • Memorandum dated July 29, 2011, from Thomas G. Bradford, Deputy Town Manager • WAA Request to Use Hibiscus Plaza • Fashion Night Out Flyer 280 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Thomas G. Bradford, Deputy Town Manager Re: Proposed Worth Avenue Association Fashion's Night Out Event Date: July 29, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council provide direction to staff in regard to the Worth Avenue Association (WAA) proposal to conduct a Fashion's Night Out event on September 8, 2011. GENERAL INFORMATION At the Town Council meeting in April 2009, the Town Council approved the following policy as a prerequisite to considering promotional events sponsored by one of the Town's business associations for application to those instances where the proposed event would result in technical,but minor, violations of the Town Code: 1. The event must be sponsored by the Palm Beach Chamber of Commerce, the Royal Poinciana Way Business Association, the Greater South County Road Association, or the Worth Avenue Association. 2. The event must not involve the blocking of any public streets or sidewalks. 3. The event must be no longer than 4 hours duration. 4. The event organizers must coordinate their plans with the Police and Fire-Rescue Departments and must adhere to any conditions established by those two departments for protection of public safety. 5. The event organizers must coordinate their plans with the Public Works Department and must adhere to any conditions established by that department for the protection of property and infrastructure. 6. Each proposed event will be considered on its own merits and will be allowed only if approved by a majority vote of the Town Council. The WAA proposes to sponsor a one evening only Fashion's Night Out event on September 8 from 6:00 PM to 8:00 PM. Fashion's Night Out is designed "to celebrate fashion, restore consumer confidence and boost the fashion industry economy." It is an international event that was conducted last year in 16 countries. WAA has received approval as an official Fashion's Night Out event location. 281 WAA is requesting to use Hibiscus Plaza, closing it off so that the southernmost portion is not accessible to any vehicular traffic. Two luxury automobiles will be placed on display in the vehicle travel lanes and one or two musical acts will be provided for entertainment. Police, Fire- Rescue and Public Works have reviewed the plan and have no major concerns. WAA has submitted proof of insurance, but they will need to provide the Town with a certificate of insurance in advance of the event indicating the Town has been named as an additional insured on that policy for the WAA use of the Hibiscus Plaza for the Fashion's Night Out event since this is technically Town property. This is not anticipated to be a problem. You may recall that Hibiscus Plaza was designed for just this sort of proposed use. In addition, it was staff's recommendation to ORS that we not amend the Special Event Permit regulations to allow the general public to use Hibiscus Plaza since, in part, everything one sees there today is being paid for by the benefitting property owners in the Worth Avenue Commercial District. In the future the Town Council may want to adopt an ordinance that limits all requests for use of Hibiscus Plaza to the Town, the WAA and any other commercial entity based within the Worth Avenue Commercial District. Attached is additional information provided by WAA explaining the Fashion's Night Out event. TGB/ab cc: Department Directors Karen Temme, Risk Manager Sherry Frankel, President,WAA Robin Miller, Administrator, WAA N:TGB/Agenda Items/2011/Proposed Worth Avenue Association Fashion's Night Out 080911 TCM r 282 Wordi Avenue Association FASHION'S NIGHT OUT SEPT 8F 2011 - 6PM TO 8PM REQUEST: The Worth Avenue Association is requesting that the Town Council approve closure to auto traffic in both directions on Hibiscus Avenue (the Hibiscus Piazza) between Worth Avenue and the entry to Apollo Parking Lot for the following special event: FASHION'S NIGHT OUT CONCEPT AND BACKGROUND: From Manhattan to Milan, Atlanta to Australia, the after-hours shopping extravaganza, Fashion's Night Out is back for the third year in a row — and this year, Worth Avenue has joined the global celebration of the love for fashion. The event will take place on Thursday, September 8th from 6pm to 8pm. Fashion's Night Out (FNO) is an unprecedented global initiative which was created to celebrate fashion, restore consumer confidence and boost the fashion industry's economy. First conceptualized by Anna Wintour, this worldwide event represents a collaboration between Vogue and the Council of Fashion Designers of America. Starting in New York only in 2009, the event was enormously popular and expanded to 16 countries by 2010 and is expected to be bigger and better than ever in 2011. CONFIRMED MERCHANT PARTICIPATION: Among those who have been approved to participate and have paid a fee ($250) to FNO for this event are: Neiman Marcus Saks 5th Avenue Emilio Pucci Chanel Ralph Lauren Frank Cassi Beauty Tiffany & Co. St. John Boutique Gucci Michael Kors A.R.T. Fine Jewelry Giorgio Armani Alex and Ani Betteridge Jewelers Hamilton Jewelers Bottega Veneta Calypso St. Barth Jimmy Choo Juicy Couture MaxMara Rangoni Firenze Shoes Tory Burch Valentino And MORE.... As an official registrant, the merchants will be listed on the national FNO website (which launches on August 15th) and will be included in promotional materials for FNO and PR/media releases on a national scale, as well as all social media linked to the FNO event. The FNO logo, which is internationally recognized, will be made available to each of the participating stores to 283 identify them. This will be achieved by the placement of the official logo "Fashion's Night Out — September 8, 2011" on a tasteful, clear, vinyl cling to be displayed on the windows of the stores who have paid the appropriate fee. The cost of these clings has been borne by the Worth Avenue Association. The Association requests that this cling be permitted to be displayed during the 5 days prior to (and ending the day of) the event. The PR firm of Shamin Abas PR has been instrumental in organizing the Worth Avenue merchants and will be publicizing the event and celebrations using all of their contacts and media outlets, social media, etc. Each of the participating merchants will host their own in-store promotions and entertainment, with an emphasis on creativity. WORTH AVENUE ASSOCIATION PARTICIPATION: To capitalize on this already globally recognized event and attract an appealing demographic of potential customers, the Worth Avenue Association has applied for and received approval as an official FNO event location, which includes all public areas of the Avenue. The Association will be placing many resources into making this event a success. To that end, the Association requests that the Town Council allow the Hibiscus Piazza to be used as an entertainment venue for the event. Proposed entertainment includes musical acts during the two hours by one or two celebrity musical impersonators, and/or DJ, as well as the placement of two luxury autos from Palm Beach Motor Cars in each travel lane of the Piazza for the enjoyment of pedestrians and shoppers. There will be no food or drinks served, nor exhibition or sales of merchandise on public right of ways. This will be restricted to private property. GIVEAWAYS AND PROMOTIONS: The Worth Avenue Association has funded $1,000 to be used for a Worth Avenue shopping spree by one lucky visitor who will register to win a "Worth Avenue" gift card on the Worth Avenue facebook page, authored and maintained by Shamin Abas, PR. "Staycations" have been donated by participating hotels to promote the event as well. Hotels confirmed for participation to date are: The Omphoy, The Colony, The Brazilian Court, The Ritz Carlton and The Four Seasons. The Worth Avenue Association thanks you for your kind consideration. 284 ATTACHMENTS: 1. The official Fashion's Night Out logo "Save the Date" announcement with participants who have registered as of 7/15/11. 2. Certificate of Liability Insurance which has been procured by the Worth Avenue Association in accordance with FNO organizer requirements for participation. We are happy to include the Town of Palm Beach to this certificate if it is deemed to be important. 285 SEPT*NIffs 0 8 6PMm8PM . Pw,4 A.B. LEVY A.R.T. FINE JEWELRY & ART ALEX & AN BEUERIDGE BO EGA V HETA CALYPSO ST. BARTH (HAHEL FRANK (ASSI BEAUTY GUCCI HAMILTON JEWELERS JIMMY CHOO JUI(Y COUTURE MAXMARA HEIMAH MARCUS RALPH LAUREN RANGONI FIRENZE SHOES SAKS FIFTH AVENUE ST. JOHN BOUTIQUE For more info,please contact Laurie Zuckerman at Shamin Abasfublic Relations 561.366.1226 or Laurie@ShaminAbasPR.com TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title COMMERCIAL MOTION PICTURE PERMIT APPLICATION FLASHFIRE PRODUCTIONS, LLC [Susan A. Owens, MMC, Town Clerk] Presenter Susan A. Owens, Town Clerk Supporting Documents • Memorandum dated July 25, 2011, from Susan A. Owens, Town Clerk • Commercial Motion Picture Making Code Requirements • Flashfire Productions, LLC Application • Flashfire Productions, LLC Application-Staff Comments 287 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Susan A. Owens, MMC, Town Clerk/Jane Struder, Director of Finance Re: Application for Permit for Commercial Motion Picture Making—Flashfire Productions, LLC Date: July 25, 2011 STAFF RECOMMENDATION Staff is recommending approval of those portions of the filming that comply with the Town Code, and is seeking Council direction regarding the non-conforming elements. GENERAL INFORMATION On July 20, 2011, Flashfire Productions, LLC filed an application to film a commercial motion picture in the Town of Palm Beach. Pursuant to Section 22-151(a), any person desiring to use the public streets or sidewalks, the public rights-of-way, or other public properties within the Town for the purposes of commercial motion picture making shall be required to first obtain a permit for that activity from the Town Council. The Town Code requirements for issuance of a Commercial Motion Picture Permit are attached. All applicable departments have reviewed the application and have provided their comments in more detail, as attached. The applicant has worked with staff to address many of the Town's concerns regarding its Code requirements and prohibitions; however, the following items are still outstanding: • Section 22-153(4)—Time Schedule. One proposed scene may be shot after midnight. • Section 22-153(6)—Limitation to commercial districts. Several portions of the motion picture are proposed to be shot within residential zoning districts. • Section 22-153(8)—Prohibition on narrow streets (defined as less than 30 feet in width of paved right-of-way). There is a proposed driving scene along Indian Road, which is only 24 feet in width. The applicant has provided an executed Hold Harmless Agreement, a Certificate of Insurance naming the Town as additional insured, and the required $1,000.00 application fee. The applicant understands that,pursuant to Section 22-153(3), the applicant shall deposit with the Town an amount determined by the Town Manager and approved by the Town Council, to compensate the Town for any extraordinary services required by the Town for purposes of carrying on the activity to be conducted pursuant to the terms of the permit. The applicant has 288 expressed the desire to utilize Town of Palm Beach Fire Rescue personnel and apparatus, estimates for which are included in the Fire Department's comments. FUNDING/FISCAL IMPACT The applicant shall be required to compensate the Town for any extraordinary services required by the Town for purposes of carrying on the activity to be conducted pursuant to the terms of the permit. Attachments SAO cc: Thomas G. Bradford, Deputy Town Manager John C. Randolph, Town Attorney Kirk W. Blouin, Director of Public Safety Darrel Donatto, Deputy Fire Chief John Page, Director of Planning, Zoning, and Building Paul Castro, Zoning Administrator Jane Struder, Director of Finance H. Paul Brazil, Director of Public Works Raychel Houston, Parking Code Enforcement Manager Rob Walton, Lead Code Enforcement Officer Karen Temme, Risk Manager 289 AR'I"tCLE IV. COMMERCIAL MOTION F)ICTURE MAKP--,1'G Flaue I ot'3 ARTICLE IV. COMMERCIAL MOTION PICTURE MAKING DIVISION 1. GENERALLY Sec. 22-126. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial motion picture making includes video production of any nature. Cross references: Definitions generally, § 1-2. Sec. 22-127. Penalty for violations. Any person found guilty of violating the terms of this article shall be subject to section 1-14. A citation for violation of this article shall not preclude the town from seeking other relief such as injunctive or declaratory relief to enforce the provisions of this article. (Code 1982, § 10-424) Secs. 22-128--22-150. Reserved. DIVISION 2. PERMIT Sec. 22-151. Required; application fee. (a) Any person desiring to use the public streets or sidewalks, the public rights-of-way, or other public properties within the town for the purposes of commercial motion picture making shall be required to first obtain a permit for that activity from the town council. This permit is not intended to preclude legitimate video production of news events. (b) The application for permit shall be accompanied by a $1,000.00 nonrefundable permit fee payable to the town for the administrative processing of the permit application. In addition to the $1,000.00 application fee, there will be a filming fee of$800.00 per day for each day of filming. (Code 1982, § 10-421) Sec. 22-152. Application. 290 lit ip://l I bmry4ml Un I code.coiii/clefault-test/],,)ocVie\\f/113971/1/6(,)/64'?Iiilitc=eoiiiiiiez-cial:coiii,.. 51/9/101 1 ARTICLE IV. COMMERCIAL MOTION PICTURE MAKING lla-oe 2 of All applications for permits referenced in section 22-151 shall be filed with the town clerk at least 30 days and not more than 45 days prior to the date or dates upon which the applicant wishes to conduct the activity. Complete applications must be filed with the town clerk no less than 20 days prior to the town council meeting at which the application is to be considered. The application shall contain the following information: (1) The name and address of the person applying for the permit. (2) The number of personnel required by the applicant to conduct the activities for which the permit is sought, (3) The date, time and places during which the proposed activity is to be conducted and a description of the specific activities. This information shall describe the specific public property sought to be utilized, the specific times of day during which the properties are requested to be utilized, and the specific activity which is to be conducted upon the property, (4) The name, address and telephone number of the specific person who is to be responsible for all of the activities to be conducted pursuant to the terms of the permit. (Code 1982, § 10-422) Sec. 22-153. Prerequisites to issuance. Prior to a permit's being granted under this division, the following shall be provided to the town by the applicant: (1) Hold harmless agreement. The applicant shall execute a hold harmless agreement in favor of the town saving, defending and holding harmless the town, its agents, employees and representatives, from any clairn arising as a result of the activities of the applicant, his agents, representatives or employees, within the town. This agreement shall be executed by an individual and/or entity capable financially and otherwise of honoring the terms thereof, and the agreement shall be in a manner and form acceptable to the town and deemed to provide the protection necessary to the town as intended by this section. (2) Certificate of insurance. The applicant shall provide a certificate of insurance naming the town as a named insured under the insurance policy for an amount not less than $10,000,000,00. When an aircraft is to be involved in any filming, the insurance policy shall be for an amount not less than $100,000,000.00, and when any watercraft is to be involved in any filming, the insurance policy shall be for an amount not less than $25,000,000.00. The town council may increase the minimum amount of insurance specified herein upon the recommendation of the town manager or his designee. (3) Deposit for services. The applicant shall deposit with the town an amount determined by the town manager and approved by the town council, to compensate the town for any extraordinary services required by the town for purposes of carrying on the activity to be conducted pursuant to the terms of the permit. (4) Time schedule, In no event shall any of the activities to be conducted pursuant to the terms of the permit be conducted between the hours of 8:00 a.m. and 10:00 a.m., and 4:00 p.m. and 6:00 p.m. Dates and times during which filming shall be allowed shall be subject to the approval of the town manager. 291 htti).,//Ilbr,iry4.munico(le.coiii/det'iluit-test/Doc\/iew I 1-')97/i.i'60i"64'?Iiilite--,coiiiiiierclal;coilI... 5/9/201 1 ARTICLE IV. COMMERCIAL MOTION I­'IC"TURE_ MAKING I"agc 3 43 (5) Deference to normal flow patterns. At no time shall the public streets, sidewalks or rights-of-way of the town be blocked or impeded to restrict or inhibit the normal flow of pedestrian or vehicular traffic, (6) Limitation to commercial districts. The activities permitted by this section are restricted to the commercially zoned districts within the town and shall not be permitted within the residentially zoned districts. (7) Prohibition during season. The activities permitted by this section shall take place only from April 16 through November 14 of any year. In no event shall commercial motion picture making take place from November 15 through April 15 of any year. (8) Prohibition on narrow streets. In no event shall any of the activities to be conducted pursuant to the terms of a permit be conducted on any street, road or thoroughfare that is less than 30 feet in width of paved right-of-way. (9) Prohibition in or adjacent to governmental buildings. In no event shall any of the activities to be conducted pursuant to the terms of a permit be conducted in any governmental building of the town or on the sidewalks or rights-of-way abutting any such building. (10) Maximum number of days per month. In no event shall commercial motion picture making be permitted to be conducted within the town for a period of more than seven days in any one month during the period of time that is allowed for that activity as specified by the terms of this section. It is the intention of this subsection that the seven-day period is the maximum number of days allowed for motion picture making during any one month within the town. In other words, if one applicant has already received a permit to conduct motion picture making activities within the town for a period of seven days during any one month, no other permits shall be granted to that applicant or any other applicant for motion picture making activities during that particular month. For purposes of this section, applications shalt be considered by the town council in the priority of the earliest filed application. (Code 1982, § 10-423) Secs. 22-154--22-250, Reserved. 292 littl):,',ilit)rai-y4.iiiutiico(,Ic.coili/(It.,,r,,itilt-tcst/`DocViewl'I 13 97/1/60,164.1 hi I i te=comm erci alco rn... 5/9/2011 APPLICATION FOR PERIIMIT FOR CONNIERCIAL. LOTION PICTURE\-LAKING 1. NA\-IE,ADDRESS, AND PHONE NU1vMER OF PERSON,FIRM OR CORPORATION APPLYING FOR THE PERMIT: NAME: Flashfire Productions, LLC _ ADDRESS: 800 Distributors Row, Suite 204 PHONE N'L>-IBER: Harahan, LA 70123 NUTX4BER OF PERSONNEL AND NUMBER AND TYPE OF VEHICLES AND SPECIFIC FILMING EQUIPMENT NNTUCH WILL BE INVOLVED IN THE CONDUCT OF THE FILi\IING ACTIVITIES FOR EACH PROPOSED LOCATION. (USE SEPARATE SHEET IF NECESSARY) A. Driving Scenes: Worth Avenue, County Road, Ocean Boulevard B. 101 N.County Road C. 219 Indian Road D. Mar-a-Lago (SEE ATTACHED SHEET FOR DETAILS OF ALL LOCATIONS). 3. DATE, TIlvIE AND PLACE FOR EACH PROPOSED LOCATION. (USE SEPARATE SHEET IF NECESSARY) DATE: August 19-31 & September 19-31, 2011, not to exceed 7 days in 1 month. TIME: Times according to Town ordinances, with one possible addition. SPECIFIC LOCATIONS: Driving scenes along Worth Avenue, N and S County Road, N and S Ocean Boulevard. 101 N County Road (corner of Royal Poinciana Way). 219 Indian Road. Mar-a-Lago. (SEE ATTACHED SHEET). 4 DESCRIBE THE SPECIFIC PROPOSED FILMNG ACMTTY FOR EACH LOCATION W111CII PUBLIC PROPERTY IS REQUESTED TO UTILIZE. (USE SEPARATE SHEET IF NECESSARY) (SEE ATTACHED SHEET). �. NAME,ADDRESS, AND TELEPHONTE NU%'IBER OF THE PERSON W110 MLL BE N CI IARGE OF THE FIL\-ING ACTIVITY. NAME: Mr. Stratton Leopold aDDRES 1 800 Distributors Row, Suite 204, Harahan, LA 70123 PHONE NUMBER: 504-571-9202 293 6. BY TH! SIMANG (AMHS CONVWIIONS� Filtning is ,illowed fj'(.')in ApQ 16 Tni lJovem1wr bemccn the hours of 10 AIM to PM iind 6 PM m MdAght, 11 -11wFu will be no bloc]"I"'C or nupediment of 11w pwmc sir OM sid"als m rwhis-of of th� which would I-esaa-ict or it-Olihn ffrc norm"21 flour, of pedcs[runi ol, velocuhr jAn"g k m aMmvd on wo, myed, nxidmw tw ImmWMM Ou Hum My 00100 in HL 11v film is mm6cwd to 11w commcwhMy zonal (M ins MAK Ic Town md 001 not be pi�nnitied within Hw res0enuM zmml IM60Y Ming k tow pumRVI m =� b0d±g 4 Ow Mui (I I Ithn Howh or mi tho ,,adm milks or riglas-of-%v�o- �ihnitiqg', my such hwMIng, ---------- Fine 4p," Ssac m to mid subsjihcd Ibc]'orc me,.r ;doom Nblic,on O '; 6v DA'J'F()F'J'C)WN COUNCI L MFF'-IING' W]IFN 1IFRM11' I SSUANCF. WAS Al j]']I(MMIM I'Lcvhc My connnission 1"'XPOSI SFAI AMUMM STAN A,OWAS DATF tY 4t 91 SS!O IN#D D I-q'413V4 0 EXPJRES Novem rI8,2o13 CONDI FMNS' -d Thruwtary PLtk .................. ----—-------- 294 Town of Palm Beach Motion Picture Filming Application Flashfire Productions, LLC July 20, 2011 SUPPLEMENTARY PRODUCTION INFORMATION A. Traveling scenes along roadways in the Town Worth Avenue: Drive at normal speed westward from Ocean Boulevard toward the Lake. During one such drive, the car stops at County Road and the passenger actor exits the car and enters a waiting taxicab. County Road and Ocean Boulevard, North and South: Drive at normal traffic speed as driver actor describes the beauty and grandeur of Palm Beach to the passenger actor. In one scene, the car stops at the cul-de-sac at the north end of North Ocean Boulevard at Inlet Drive, the passenger actor exits and walks out onto the dock, surveys the vista, and returns to re-enter the car and it drives away. In another night scene, an actor drives alone in the car to the same spot at North Ocean Boulevard and Inlet Drive, exits the car and walks back toward Indian Road. In one daytime scene the car passes by 219 Indian Road without stopping. These traveling scenes include a maximum of three vehicles and seven personnel, as follows: Two actors are in the car, a driver and passenger. The car is connected to a vehicle with five crew personnel and camera and sound equipment. An additional car follows the actor's car. Traveling scenes will be scheduled for approximately three days total during both the August and September shooting periods, in order to secure the most favorable weather conditions to portray the beauty of Palm Beach, abundant landscaping and the Florida ocean. Specific schedules will be provided in advance, with sufficient time for Town personnel to prepare. B. 101 N. County Road (NE corner at Royal Poinciana Way) Ten crew personnel and camera and sound equipment are positioned at the east end of the wide grassy median. One actor drives the car to the intersection, parks and exits the car, and enters the small white building on the NE corner. C. 219 Indian Road All activity and personnel are on the property, away from view of the neighbors and the street(with one possible exception, described parenthetically below). Six actors and approximately fifteen crew personnel, together with camera and sound equipment, are 295 Town of Palm Beach Page 2. Motion Picture Filming Application Flashfire Productions, LLC July 20,2011 positioned in the back yard, on the north edge of the property, near the water. A barge is stationed offshore with lighting equipment and five additional crew personnel. During one scene, one actor approaches the house from the water side and enters the house through a side door. During another scene, the camera is positioned inside the garage as the garage door opens and a car drives out. In a later scene, the same car returns and enters the garage and the garage door closes (as a possible exception in this scene, the camera may be placed in the front yard of the house, however still positioned entirely on the property). D. Mar-a-Lago The scene is a Charity Gala for the benefit of the Palm Beach Community. Management of two non-profit organizations involved in the Town's Centennial activities, The Palm Beach Centennial Commission and the Palm Beach Film Institute, have expressed willingness to participate in the organization and fulfillment of a real-life fundraising event as part of the filming activity. Ten actors, approximately two hundred extras, and approximately twenty crew personnel, together with camera, sound and lighting equipment are involved in the various Mar-a-Lago scenes. Exterior scenes include the arrival of guests entering the main entrance, gathering around the pool and on the west lawn. All other scenes will be in the main buildings. In one scene, the auction activity of the Charity Gala is disrupted by special effects fog and sound effects. A fire rescue vehicle, a fire engine and approximately three police cars enter the grounds through the service entrance on Southern Boulevard. On the west lawn, three men rush to escape from the main building and they step over the retaining wall into Lake Worth. The service area of Mar-a-Lago will be used as the general staging area for cast and crew equipment and vehicles. Abundant space exists for these provisions, details of which will be provided in advance. All equipment and filmed scenes will be restricted to the Mar-a- Lago grounds and will be hidden from view of the surrounding neighborhood. General Notes: All scenes with be filmed according to the Town ordinances, with one possible additional request: At the Indian Road location, one night scene may extend past midnight. Final decisions on scheduling will be made subject to weather availability and schedules will be provided with sufficient lead time for all departments of the Town to prepare. The two principal priorities of the production are: Safety during production activities and presenting a positive image of the Palm Beach community. 296 Of A PA,441 onk'14 IV T° 0 ea �' r HOLD HARMLESS AGEIZ EME T �1 0!-N- _ aap-ccs to be responsible Isar their own salety and a oyes Lo iracicrI7raify. protect. cicfcn�I, reimburse and hold tllc Town of 1'alraa l3cracl� atr�d its Officers- aa0crats, crtalslta)`ccs, cicctecl officials, aaracl r-cl�r°escr taati es, li-cc mid harmless f'roill and ,,ainst any and all claims. losses. eXPCIISeS, SUitS, Costs- fiFICS alld dailtE:0eS (HICILIClir1w1 4rttt_rrlic" ti es) or liabilities cal'c crr" kraal and character aarisirt�, caalf t�l"car rclaatir -, to an)" and all claims Cor° lrcaclilt ir�jtar r, including death in connection with car arisim directiv or indirectly out of the actin itics that \\ill he performed (ltrri110 t1�ac tiIIIC l)cr-i0 01'At,h trst 1111. 11LIll I eCCIIIl-�cr- 201 lt0 iiltta as maaarjalr` a t ria r l icttu-e w i t h i i I tlac yl°own of l'aIIII Beaac[I. - � S ill rarrtaarc - — Print Name I)at-: ZT 'File foam-,01n1�1 instrtrra1crat was subscribed and (inla sworn to I-aelore me by the above maned. this C201 '"elaV cif L -201 I, by Si -o P. yal erscrnaall)" known to nac or who has produced r'r ,� t ,. as identification, in the I"own cal. Palm Beach Sand the State ca ` Honda Notary l3trl-alic h+"lV Commission l,Xl)ia-cs: O- _-. SUSAN OWENS m MY COMMISSION 9 t1A 9413",10 EXPIRES:November aa,2913 Bwdad rrxru 1aoWy Pub ur.da,m tors 297 : ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)7/19/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT DeWitt Stern Group, Inc. & Eustis Insurance&Benefits NAME:CHRISTINA BORN PHONE FAX 801 North Brand Blvd., Suite 650 110 Veterans Memorial (A/C, No. EXT)818-623-5434 (A/C, No):818-623-5475 Glendale, CA 91609 Blvd.,Suite 200 E-MAIL Christina Born (818) 623-5434 Metairie LA 70005-4913 ADDRESS:CBORN DEWITTSTERN.COM r INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Fireman's Fund Insurance Company INSURER B: Flashfire Productions, LLC INSURER C: 800 Distributors Row#204 INSURER D: Harahan, LA 70123 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YY MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A ®COMMERICAL GENERAL LIABILITY XXC80466719 4/25/2011 4/25/2012 DAMAGES TO RENTED $ 100,000 PREMISES(Ea occurrence) ❑CLAIMS MADE® OCCURRENCE MED EXP(Any one person) $ 10,000 ❑ PERSONAL&ADV INJURY $1,000,000 ❑ GENERAL AGGREGATE $2,000,000 PRODUCTS—COMP/OP AGG $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ®POLICY ❑PROJECT ❑LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ❑ANY AUTO XXC80466719 4/25/2011 4/25/2012 (Ea accident) $1,000,000 BODILY INJURY $ ❑ ALL OWNED AUTOS *MPT07110339 (Per person) ❑ SCHEDULED AUTOS Phys.Damage: BODILY INJURY $ Incl.in Misc. (Per accident) ® HIRED AUTOS Equipment Limit PROPERTY DAMAGE $ Ded: 10%of loss (Per accident) ® NON-OWNED AUTOS With$2,500 min $ and$7,500 max. ® 'NON-OWNED PHYSICAL DAMAGE $ ®UMBRELLA LIAB ®OCCUR EACH OCCURRENCE $24,000,000 XAU14832455 8/22/2011 9/30/2011 A ❑ EXCESS LIAB ❑CLAIMS-MADE AGGREGATE $24,000,000 DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION WC STATUTORY OTHER AND EMPLOYERS'LIABILITY Y/N XWC80994147 5/24/2011 5/24/2012 ® LIMITS ❑ A ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICER/ EXCL E.L.EACH ACCIDENT $1,000,000 ® MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE—EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATION E.L.DISEASE—POLICY LIMIT $1,000,000 below. OTHER PROPS/SETS/WARDROBE MPT07110339 5/24/2011 5/24/2012 $2,000,000 $2,500 A THIRD PARTY PROPERTY DAMAGE $1,000,000 $2,500 MISC.EQUIPMENT $2,000,000 $2,500 DESCRIPTION OF OPERA TIONS/LOCATIONSNEHICLES/(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder is included as an Additional Insured and/or Loss Payee as their interest may appear but only as respects to claims arising out of the operations of the Named Insured in connection with the production entitled: "Parker" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE Town of Palm Beach 360 S. County Rd. THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Palm Beach, Florida 33480 Authorized � Attn: Town Clerk Representative ` ACCORD 25(2010/05) 298 F .—;I B To: Susan Owens/Palmeach@ B Palmeach, I Paul Castro/PalmBeach@PalmBeach, -= Flashfire Productions"Film Permit" 1 j m=, John Page/PalmBeach-Friday 07/22/201103:10 PM Susan: PZB comments pertaining to the Permit for Commercial Motion Picture Making as identified above follow: There are four proposed filming locations identified on the permit. Those locations have been cross-checked with Section 22-153 of the Palm Beach Code of Ordinances. 1. Driving Scenes . Worth Avenue. Filming would be restricted to that portion of Worth Avenue zoned for commercial usage, being the east edge of Nieman Marcus/Esplenade in the 100 block,westerly to Cocoanut Row. The street cannot be impeded or inhibited. Any stopped vehicle(s)will require approval from the Police and Fire Rescue Departments. Count. Local Code allows filming in commercially zoned districts and prohibits same in residentially zoned districts. Filming on County Road,therefore,is limited to commercial neighborhoods only (Oleander Avenue south to Via Bethesda,and Seaview Avenue south to Worth Avenue). The street cannot be impeded or inhibited. Any stopped vehicle(s)will require approval from the Police and Fire Rescue Departments. Ocean Boulevard. The only section of Ocean Boulevard zoned for commercial use is the property zoned as 2875 South Ocean Boulevard(and a small sliver of property opposite on the west side of the street) immediately north of the Lake Worth Bridge at the Town's south end. All other stretches are zoned residentially within which motion picture filming is prohibited. 2. 101 N. Count. This location is zoned for commercial use,yet adjacent property to the north and east is zoned residentially. As such,filming is allowed,yet care should be taken to see that filming be contained to this property alone. The street cannot be impeded or inhibited. Any stopped vehicle(s)will require approval from the Police and Fire Rescue Departments. 3. 219 Indian Road. This property is zoned R-A. As such,commercial filming is prohibited. 4. Mar-a-Lago. This property is zoned both R-A and R-AA. As such,commercial filming is prohibited. The Club's Declaration of Use Agreement also stipulates that the property must abide by all ordinances "which are applicable to the zoning district affecting the Land." John Page Director,Planning,Zoning&Building Department Phone: 561-227-6405 e-mail: jpage @townofpalmbeach.com PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from Town of Palm Beach officials and employees regarding municipal business are open records available to the public and media upon request. Under Florida law e-mail addresses are public records. if you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. if you have received this message in error,please notify us immediately by replying to this message,and please delete it from your computer. Thankyou. 299 F� Metzger Movie Permit Application Roger Large : Susan Owens 07/22/2011 04:12 PM (c: Brodie Atwater,Kirk Blouin,Brian Fuller,Darrel Donatto Good day Susan, As per yours and Mr.Bradford's request today,please see the information below reference our meeting this morning on the Metzger Movie Permit Application. The application already states that "There will be no blockage or impediment to the public streets,sidewalks or rights-of-ways of the Town of Palm which would restrict or inhibit the normal flow ofpedestrian or vehicular trade." The application also states "In no event shall any of the activities to be conducted pursuant to the terms of a permit be conducted on any street, road or thoroughfare that is less than 30 feet in width ofpaved right-of-way." This is all good. The contract calls for 2 fire apparatus in the movie. The cost is listed below.Fire Rescue needs this request in advance.The reasons for this are to back-fill positions,change into reserve apparatus,etc.,so that we can cover the emergency responders that are on-duty and use 2 of our front line apparatus in the movie. If you have any questions,please feel free to contact me. Personnel(total 6 on 2 apparatus) $90 per firefighter X 6—$540 per hour Apparatus (total 2) $300 per apparatus X 2—$600 per 8 hours Respectfully, Don't train until you get it right,rather,train until you can not do it wrong! SAFETY#1-DO YOUR BEST-BE RESPECTFUL-HAVE FUN Roger Lane,Division Chief of Training and Safety Palm Beach Fire Rescue Office: (561)227-6493 Cell: (561)460-2177 Email:rlane @townofpalmbeach.com 300 Fw: Movie Permit Richard Hoiie o: Susan Owens 07/27/2011 08:59 AM Daniel Szarszewski Susan, The number of patrol cars we can make available will be limited due to our fleet size. We anticipate we could allow use of no more than 2 or 3 maximum. Maj Howe -----Forwarded by Richard Howe/PalmBeach on 07/27/201108:56 AM----- From: Richard Howe/PalmBeach To: Susan Owens/PalmBeach@PalmBeach C c: Daniel Szarszewski/PalmBeach@PalmBeach,Thomas G.Bradford/PalmBeach@PalmBeach,Raychel Houston/PalmBeach@PalmBeach Date: 07/26/2011 05:23 PM Subject: Fw:Movie Permit Susan, The police department would like to include the following conditions regarding the attached permit request for movie production in the Town of Palm Beach. • All security and traffic safety needs will be filled with Palm Beach Police officers according to the Special Assignment Overtime as provided in General Order II-88. • Street and sidewalk closures shall be coordinated with and approved by the police department staff to minimize the impact on the community. • Patrol cars may be utilized for filming. Cost of cars to be determined. • Authorization for operation of Town vehicles to be approved by appropriate Town staff to include Risk Manager. • Insurance and liability issues regarding use of Town vehicles and equipment to be reviewed by the appropriate Town staff for sufficiency. • Use of the Palm Beach Police Departments badge and patch to be determined. • Must obey all Town of Palm Beach laws,rules and ordinances unless otherwise waived by the appropriate Town staff or Town Council. If you have any further questions,please contact me. Regards, Major Rick Howe Major Richard Howe Palm Beach Police Department Law Enforcement Division 345 South County Road Palm Beach,FL 33480 561-227-6351 Office 561-227-6353 Direct 561-835-4600 Fax rhowe @palmbeachpolice.com -----Forwarded by Richard Howe/PalmBeach on 07/26/201104:50 PM----- 301 ;� Re: Movie Picture Permit 2, =--r Eric.Brown iu: Susan Owens 07/26/2011 10:00 AM �c: Paul Brazil Susan-just one clarification on Indian Road. The right-of-way is shown in the Town atlas as 35'wide. However, checking on Google Earth,the paved roadway width is only 20',so it does not meet the 30'requirement. Thanks-Eric Eric Brown Susan-I'll get Paul's input when he is back later this aft... 07/26/201109:3 6:3 9 AM From: Eric Brown/PalmBeach To: Susan Owens/PalmBeach@PalmBeach Cc: Paul Brazil/PalmBeach@PalmBeach Date: 07/26/2011 09:36 AM SUbJect: Re:Movie Picture Permit Susan-I'll get Paul's input when he is back later this afternoon. My only comment from reviewing this application is that the address at 219 Indian Road is in a residential zoned district which appears to be excluded from the conditions noted(commercial zoned districts only). Generally the right-of-way width is greater than 30'so that condition seems to be met OK on the north end residential streets. If the movie crews are setting up in the Royal Poinciana Way median at the east end,then obviously if there is any damage to the landscaping (although unlikely) it should be restored to original condition. Thanks-Eric Eric Brown,P.E. Assistant Director Public Works Department Town of Palm Beach 561-227-7025 Susan Owens Paul,Attached is an application for commercial motion... 07/25/2011 12:47:19 FPM From: Susan Owens/PalmBeach To: Paul Brazil/PalmBeach@PalmBeach C c: Eric Brown/PalmBeach@PalmBeach Date: 07/25/2011 12:47 PM SUbJect. Movie Picture Permit Paul, Attached is an application for commercial motion picture filming submitted to the Town,and a copy of the Code requirements for filming. I am putting together the agenda memo now;please review and provide any comments public works may have. Thank you, Susan A. Owens, MMC Town Clerk Town of Palm Beach 360 S. County Road Palm Beach,FL 33480 Office: (561) 838-5416/Fax: (561) 838-5417 302 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Code Enforcement Board Recommendation for Foreclosure Action - 2300 S. Ocean Blvd. Presenter Kirk Blouin, Director of Public Safety Supporting Documents • Memorandum dated July 25, 2011, from Kirk W. Blouin, Director of Public Safety • Notice of Code Violation - Exhibit A • Code Enforcement Board Order- 9-16-10 - Exhibit B • Code Enforcement Board Order- 10-21-10 - Exhibit C • Lien on Property - Exhibit D • Notice to Abate - Exhibit E • Correspondence from Default Law Group - Exhibit F • Publication Letter to Property Owner - Exhibit G • Repeat Notice of Code Violation - Exhibit H • Code Enforcement Board Order- 5-19-11-Exhibit I • Second Lien on Property - Exhibit J • Notice of Foreclosure Hearing - Exhibit K • Code Enforcement Board Order- 7-21-11 - Exhibit L • Fines Due - Exhibit M 303 TOWN OF PALM BEACH Information for Town Council Meeting on: august 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Kirk W. Blouin, Director of Public Safety Re: Code Enforcernent Board Authorization for F f reclosure Action rec Date: July 25, 2011 STAFF RECOMMENDA,riON Staff reconimends that Town Council proceed with foreclosure action in regard to the following Code Enforcement Board case: a Case No. CE 10-418, 2300 S. Occan Blvd., Gail Trinka CODE ENFORCEAMENT BOARD RECONIMENDA,riON The Code Enforcement Board, at its July 21, 2011 hearing, authorized foreclosure and recommended 'Fown COL.11161 proceed with a foreclosure action.. GENERAL INFORNIATION A violation letter dated August 25, 2010 was sent to the property owner citing a violation of Chapter 412, Section 42-86 of the Town of Patin Beach Code of Ordinances, grass exceeding 8 inches in height swininii ng pool water not maintained in a clean, sanitary condition. [Exhibit A] At the September 16, 2010 Code Enforcement Board Hearing, the Board found the property in non-compliance and granted the property owner until September 24, 2010 to bring the property into compliance. [Exhibit B] 'file property was not brOL1011t into compliance and on October 21, 2010, the Code Enforcement Board ordered the property owner to pay a Fine in the amount of S250.00 a day, retroactive to September 25, 2010, the (lay after the Code Enforcement Board order requiring compliance and continuing until compliance was achieved. [Exhibit C] A lien was filed against the property oil November 10, 2010 and recorded with the Palm Beach County Clerk of Court in Official Records Book 24188, Page 1032. A second corrective lien was filed against the property on December 16, 2010 to include the legal description of the 304 property which was omitted on the November 10, 2010 lien and recorded with the Palm Beach County Clerk of Court in Official Records Book 24263,Page 1477. [Exhibit D] On November 9, 2010, the Town of Palm Beach served a Notice to Abate and posted the property advising of the continued nuisance existing on the property and gave the property owner and the mortgage holder 15 days to rectify the violations or appeal the Town's decision to enter the property and abate the nuisance. [Exhibit E] Correspondence was received from legal counsel for the mortgage holder advising them not to enter the property to correct the violations due to the status of their foreclosure action. [Exhibit F] On January 3, 2011 the Town of Palm Beach Finance Department sent the property owner a certified letter informing her that as of January 31, 2011 there would be $32,150.00 in unpaid fines and fees if the property was not brought into compliance by that date. [Exhibit G] The property remained in violation and the Town cut the grass and cleaned the pool,bringing the property into compliance on January 7, 2011 and the daily fine of$250.00 ceased on that date with a total due of $26,000 in addition to $150.00 in Code Enforcement Board administrative costs. On May 9, 2011, a violation letter was sent to the property owner citing a repeat violation of Chapter 42, Section 42-86 of the Town of Palm Beach Code of Ordinances, swimming pool water not maintained in a clean, sanitary condition. [Exhibit H, Case# CE 11-548] At the May 19, 2011 Code Enforcement Board Hearing, the Board found the property in non- compliance of a repeat violation and granted the property owner until May 24, 2011 to bring the property into compliance. [Exhibit I] The property remains out of compliance and the Code Enforcement Board ordered a fine in the amount of$500.00 a day, commencing on May 25, 2011 and continuing until compliance is achieved. As of this date, that fine stands at $31,000 in addition to $150.00 in Code Enforcement Board administrative costs. Another lien was filed against the property on June 17, 2011 and recorded with the Palm Beach County Clerk of Court in Official Records Book 24583, Page 1474. [Exhibit J] On June 29, 2011, a Notice of Foreclosure Hearing was mailed via certified/regular mail to the property owner and was posted on the property, advising a foreclosure hearing would be held before the Code Enforcement Board on July 21, 2011 at 2:00 p.m. [Exhibit K] At the July 21, 2011 Code Enforcement Board Hearing, the Board voted to recommend foreclosure on the property as prescribed in Section 2-435 (b) of the Code. The Board Order of July 21, 2011 recommending the foreclosure action was mailed certified mail to the property owner and posted on the property as the current address of the property owner, Gail Trinka cannot be determined. A copy was also mailed to BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing, L.P. as the property is in a foreclosure status by the lender. [Exhibit L] 305 As of July 25, 2011, the total amount due to the Town is $57,300.00 and is continuing to accrue at$500.00 a day. [Exhibit M] TOWN ATTORNEY REVIEW The agenda item has been reviewed by the Town Attorney and approved as to form and legal sufficiency. Attachments KWB/rh 306 �.&oF P _�° ° ,•p��� TOWN OF PALM BEACH N J-6 POLICE DEPARTMENT -ism s A NATIONAL AND STATE ACCREDITED LAW ENFORCEMENT AGENCY POLICE EXHIBIT A August 25. 2010 Gail Trinka CERTIFIED/REGULAR MAIL 2300 S. Ocean Blvd. 7160 3820 3530 0902 5015 Palm Beach. FL 33480 NOTICE OF CODE VIOLATION AND HEARING 2300 S. Ocean Blvd., Palm Beach CAD#2010-214-079 Property Control Number: 50-43-43-03-11-000-0421 Dear Ms. Trinka, The re-inspection of your property found you have not complied with the Code Violation Warning dated August 3,2010 by cutting the grass which is overgrown and exceeding 8" in height and cleaning the swimming pool water which is not maintained in a clean, sanitary condition. Chapter 42. Section 42-86 of the Town of Palm Beach Code of Ordinances does not allow grass in excess of 8 inches in height or stagnant water or unsanitary conditions to exist and requires properties to be maintained in good condition. Please cut the grass and clean the pool to a sanitary condition by September 9,2010. Should compliance with the Town Ordinances not be met within this time frame,you are hereby notified there will be a public hearing before the Code Enforcement Board on September 16,2010 at 2:00 p.m. in the second floor Town Council Chambers at Town Hall,360 S. County Road, Palm Beach. Ifyou decide not to be present,the hearing will be held in your absence. If you are found in violation of the Town Code, the Code Enforcement Board has the power by law to levy fines up to Two Hundred Fitly ($250.00) Dollars a day against you and your property for every day any violation continues beyond the date set in the order for compliance. An administrative fee of One Hundred Fifty($150.00)Dollars for the cost of the hearing may be assessed to you should your case be heard. 307 345 South County Road • Palm peach. FL 334804443 •(561)227-7080 •Fax(561)835.4736 •www•.palmheachpulice.com Gail Trinka August 25,2010 Page 2 If you have any questions, please do not hesitate to call me at(561) 227-6423. Your immediate attention to this matter is appreciated. Sincerely, AobcrtWa4on Lead Code Enforcement Officer cc: Code Enforcement File Property File 345 South County Road 0 Palm Beath.FL 33480.4443 a(561)227-7080•Fax(361)835.4736• www.palmbcachpolicc.com �N OF Pq TOWN OF PALM BEACH POLICE DEPARTMENT Q A NATIONAL.AND STATE ACCREDITED LAW ENFORCEMENT AGENCY poucgj EXHIBIT B September 16, 2010 Gail Trinka CERTIFIED MAIL 2300 S.Ocean Blvd. 7160 3820 3530 0942 0308 Palm Beach. FL 33480 Re: Case# CE 10-418. 2300 S. Ocean Blvd., Gail Trinka Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances,grass not permitted to be greater than 8 inches in height and unsightly,unsafe or unsanitary conditions such as stagnant water not permitted The Code Enforcement Board heard testimony at the Code Enforcement Board Hearing held the 16'h day of September, 2010 and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT.CONCLUSIONS OF LAW and ORDER. FINDINGS OF FACT Violation of Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances does exist. CONCLUSIONS OF LAW Violation of Chapter 42.Section 42-86 of the Town of Palm Beach Code of Ordinances does exist. 34'South County Road • 1181m Beach.Fl.33480.4443 •(5611227-7080• Fax(561.8354736)• w•Ww•.palmbeachpolicc.i)aln Gail Trinka September 16,2010 Page 2 ORDER It is the order of this Board regarding Case # CE 10418 to find the violator in non-compliance, assess administrative costs in the amount of$150.00 and give them until September 24, 2010 to achieve compliance. Upon complying, it is the responsibility of the violator to notify the Town of Palm Beach Code Enforcement Office at(561)227-7080 to request a re-inspection of the property. Should compliance with Town Ordinances not be obtained as prescribed by the Board,let this Order serve as notice that a fine up to Two Hundred Fifty($250.00)Dollars a day may be considered and imposed by the Board at its next regularly scheduled hearing on October 21,2010. Failure to pay the above ordered administrative costs within ten(10)days will result in a lien being filed against your property. DONE ANJ ORDERED this 16'x'day of September, 2010 . � Timothy Hoffman Chairman, Code Enforcement Board cc: Case File Property File 343 South County Road • Palm Beach.FL 33480-4443 •(561)227-7080• Fax(561-8354736)• wwa.palmbeachpolice3cttm �N OF P,q TOWN OF PALM BEACH Qr o - •• POLICE DEPARTMENT °'�V b A NATIONAL AND STATE ACCREDITED LAW ENFORCEMENT AGENCY ppLICE EXHIBIT C October 21,2010 Gail Trinka CERTIFIED MAIL 2300 S. Ocean Blvd. 7160 3820 3530 0989 9913 Palm Beach, FL 33480 Re: Case# CE I0-418, 2300 S. Ocean Blvd Gail Trinka Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances,grass not permitted to be greater than 8 inches in height and unsightly,unsafe or unsanitary conditions such as stagnant water not permitted The Code Enforcement Board heard testimony at the Code Enforcement Board Hearing held the 21" day of October.2010 and based on the evidence,the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW and ORDER. FINDINGS OF FACT Violation of Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances continues to exist. CONCLUSIONS OF LAW Violation of Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances continues to exist. 3 45 South Count) Road • Palm Reach.Ft.33480.4443 •(561)227-7080. 1--ax(561-835.4736) •u� u.palmhLachpolico.��>ti� Gail Trinka October 21,2010 Page 2 ORDER IMPOSING LIEN h is the order of this Board regarding Case # CE 10418 to assess a daily fine in the amount of $250.00 a day,commencing on September 25, 20 10 and continuing until compliance is achieved. Upon complying, it is the responsibility of the violator to notify the Town of Palm Beach Code Enforcement Office at(561)227-7080 to request a re-inspection of the property. DOLE AND ORDERED this 21" day of October, 2010 Timothy Hoffman Chairman, Code Enforcement Board cc: Case File Property File .145 South County koad• palm Beach.FL 33480444.1 •(561)_2?-'.0110• Fax 1361.8354736)• w,e%%.palmhcachpolicc.d1M JONES FOSTER Hagler 0-met Tower.Suite 1 100 .I/athfig Addmc, JOHNSTON 50i south I'lagler l)rnr 114)%t Office Buy 3.175 &Ct, SrT'r Tip PA West Palm Beach.Florida:;.101 1\'c%t Paim Beach.Flunda 3310:-34-' 1 lJl� I Telephone Ohl)6559-3(W Attorneys and Counselors John C. Randolph, Esquire Direct Dial: 561-650-0458 Direct Fax: 561-650-0465 E-Mail: jandolph@jones-foster.com EXHIBIT D December 30, 2010 Raychel Houston Town of Palm Beach Post Office Box 2029 Palm Beach, Florida 33480 Re: Town of Palm Beach CEB Case #10-418 2300 South Ocean Boulevard Gail Trinka Our File No. 13156.4 Dear Raychel: Enclosed is the original corrected Code Enforcement Board Order, relating to the above referenced property, which was recorded in the public records of Palm Beach County, Florida, on December 16, 2010, in Official Record Book 24263, Page 1477. Please note the language on the second page indicating that this lien is being recorded to correct the lien recorded on 11/10/10 in ORB 24188, Page 1032, to include the legal description of the property which was omitted. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. c AJohn�C. Randolph JCR/ssm Enclosure cXi-•I�t.:: ;�`4��i_.-;Vc.I;Y: 313 roe mjortes fosIer.corn John Randolph,Esquire Jones,,Foster,Johnston 8 Stubbs, P.A. post 0tfice Box 3475,WPB,FL 33402-3475 WILL W O 5 �.� �t�U W N OF PALM BEACH �a'"" 0 16 = y x o o Q POLICE DEPARTMENT ��► siap 7 c c ~� + A NATIONAL AND STATE:ACCREDITED LAW ENFORCEMENT AGENCY POLICE 03 Co ,r J CORUCrIVE* MEN c3 l`1 iti r- O1 Legal Description: M f) PCN:50-43-44-11-03-000-1295 Palm Beach Estates M U S 10 FT OF LT 129& N 40 FT OF LT 130 LYG W OF& ADJ TO SR AIA WW& E n OF TOWN OF PALM BEACH BULKHEAD Ll M O October 21, 2010 0 M nl Gail Trinka CERTIFIED MAIL ? 2300 S. Ocean Blvd. 7160 3820 3530 0989 9913 y Palm Beach. FL 33480 zit Re: Case#CE 10-419, 2300 S. Ocean Blvd.,Gail Trinka rfl 1•� Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances,grass not permitted to be greater than 8 inches in height and unsightly,unsafe or unsanitary conditions such as stagnant water not permitted r:► a The Code Enforcement Board heard testimony at the Code Enforcement Board Hearing held the 21'` day of October,2010 and based on the evidence,the Code Enforcement Board enters the following �N FINDINGS OF FACT,CONCLUSIONS OF LAW and ORDER. �s FINDINGS OF FACT ,u L7 Violation of Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances continues to exist. CONCLUSIONS OF LAW Violation of Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances continues to exist. 345 South Couniy Road • Palm Much.FI.33480.4443 •(561)227-7080• Fax(S61-8354736)• %%%% -achr44ice ci m Gail Trinka October 21.20 10 Page 2 ORDER IMPOSING LIEN It is the order of this Board regarding Case # CE 10-418 to assess a daily fine in the amount of 5250.00 a day, commencing on September 25, 2010 and continuing until compliance is achieved. Upon complying, it is the responsibility of the violator to notify the Town of Palm Beach Code Enforcement Office at(561)227-7080 to request a re-inspection of the property. *THIS LIEN IS BEING RECORDED TO CORRECT THE LIEN RECORDED 11/10/10 IN ORB 24188, PAGE 1032, TO INCLUDE THE LEGAL DESCRIPTION OF THE PROPERTY WHICH WAS OMITTED. DOVE AND ORDERED this 21" day of October, 2010 l )mothy Hoffman Chairman, Code 1nforcement Board cc: Case File Property File CLERK'S CERTIFICATE STATE OF FLORIDA ) COU14TY OF PALM BEACH TOWN OF PALM BEACH ) 1,Joanna Cunningham,HEREBY CERTIFY THAT 1 am the duty qualified and acting Clerk of the Town of Palm Beach,Florida;that the above and foregoing Is a true and correct copy of a Document the original of which Is on file In the Office of the Town Clerk of the Town of Palm Beach, Ficrift- -�*WVfSfI 4 WHEREOF, I have hereunto s my hand and affixed 9;9. ddl ,lbr_m,the daF of . 20.L ,t 10 CU NING TOWN CLE 315 3,15 South!'oum%-h -ad • Palm Beach. I-L 33480-4443 • (561)227-7080 • f=ax 4561-6354736)• mm.palmheachpolice.com OF P'�• � wN e TOWN OF PALM BEACH o 4 s POLICE DEPARTMENT . S a0 A NATIONAL AND STATE ACCREDITED LAW ENFORCEMENT AGENCY PACE EXHIBIT E November 9,2010 Gail Trinka CERTIFIED/REGULAR MAIL/POSTED 2300 S. Ocean Blvd. 7160 3820 3530 1008 5220 Palm Beach, FL 33480 NOTICE TO ABATE 2300 S. Ocean Blvd., Palm Beach, FL 33480 Case#CE 10-418 Property Control Number: 50-03-43-03-11-000-0421 Legal Description: Palm Beach Estates S 50 Ft Of N 90 Ft Of Lt 130 Lyg W Of& Adj To SR AlA R/W & E Of Town of Palm Beach Bulkhead LI Dear Property Owner, You,as the owner of the above described property,are hereby notified that a nuisance exists on your property in violation of Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances. The violations are as follows: Violation # 1: Weeds and grass on the property have been allowed to grow to greater than eight inches in height above the ground in violation of Chapter 42,Section 42-86(3). Additionally,there is overgrown shrubbery on the property which is in violation of Chapter 42, Section 42-86(4). Violation # 2: The swimming pool water has been allowed to become stagnant in violation of Chapter 42, Section 42-86(15). You are hereby notified that you are ordered to rectify Violation#2 by cutting and maintaining the grass, removing all vegetative debris and trimming and maintaining the shrubbery, hedges and vegetation on your property no later than 5:00 p.m. on November 24,2010. You are further notified that you are ordered to rectify Violation# 1 by cleaning and maintaining the swimming pool to a sanitary and clear condition no later than 5:00 p.m. on November 24,2010. Should compliance not be met within the time frame stated above and the nuisances thereby abated, you are hereby notified that the Town, through its Town Manager, shall cause to be removed and abated the nuisances referred to in this notice. Costs associated with removing such violations and maintaining the property free from the above violations is estimated below. All costs will be at the sole expense of the property owner or occupant of the premises. 316 343 South County Road • Palm Beach.Ft.334804443 •(561)227-7080•Fax(561)8354736• www.palmbeachpolice.com Gail Trinka November 9, 2010 Page 2 Estimated Cost of Correction: Abatement of Violation# 1: $1500.00 Abatement of Violation#2: $1000.00 In the event that the owner or any person occupying the property objects to the proposed removal, suppression or abatement or levy of any assessment referenced herein,that person must present in writing to the Town Manager at the address set forth below: Town of Palm Beach Attention: Town Manager 360 S. County Road Palm Beach, FL 33480 his or her objections within ten(10)days of the date of mailing or posting of this notice and must request a hearing before the ToN%m Council, or the person shall have deemed to have consented thereto. In the event a hearing is requested before the Town Council, it shall be heard at the first regularly scheduled meeting of the Town Council following the request for the hearing. Upon hearing,the Town Council,in the exercise of its discretion,may approve,revise,modify or abandon the proposed action. In the event the owner or occupant of the property fails to comply and thereafter fails to pay the costs of abatement by the Town,the Town may levy a special assessment against the property for the cost of the abatement and lien the property pursuant to the provisions of Chapter 42,Section 42-94 of the Town of Palm Beach Code of Ordinances. If you have any questions,please do not hesitate to call the undersigned at(561)227-6386 or(56 1) 227-7080. Sincerely, li�a Rayche Houston Code Enforcement Unit cc: Code Enforcement File Property File knolk ,defaultlawtl.com 317 345 South County Road•Palm Beach.FL 334804443•(561)227.7080 •Fax(561)8354736•www.paimbeachpolice.com M X vo Code Enforcement Unit 360 S.County Road Palm Beach,FL 33480 or- v o.c m°D a M 'c �} Serial: 16211841 ZO ^ FILE—NUMBER: F08071768 DOC ID: M031017 � uuU l zo 00 -MU FLORIDA DEFAULT LAW GROUP,P.L. ATTORNEYS AT LAW 9119 CORPORATE LAKE DRIVE 3"FLOOR TAMPA,FLORIDA 33634 Please reply to: Telephone(8 13)2514766 Post Office Box 25018 Telefax(813)251-1541 Tampa,FL 33622-5018 November, 18,2010 DEPT FORECLOSURE BAC HOME LOANS SERVICING,L.P.FIK/A COUNTRYWIDE HOME LOANS SERVICING,L.P. 2900 N MADERA ROAD SIMI VALLEY,CA 93065 Re: Mortgagor., GAIL TRINKA Property Address: 1300 S OCEAN BOULEVARD,PALM BEACH,FL 33480 Our File No.: F08071768 Dear DEPT FORECLOSURE: Enclosed please fmd a copy of a Notice to Abate dated November 9,2010. The Palm Beach County Code Enforcement Unit mailed this notice regarding the above property.The subject property is still in foreclosure proceedings. Our records indicate that the mortgagor is still the owner of the premises and no judgment has been obtained against the property.Therefore,as U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE OF MASTR ADJUSTABLE RATE MORTGAGES TRUST 2007-3 is not the owner of the subject property,you are not responsible for these violations. However,if you wish to take action pursuant to the notification to cure the violations please let us know. Since U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE OF MASTR ADJUSTABLE RATE MORTGAGES TRUST 2007.3 is not the owner of the property,before taking any action we would have to obtain from the court an Order Allowing Entry Upon Land prior to curing the violations. Serial: 16211838 FILE_NUMBER: F08071768 DOC ID: M031017 319 t � By copy of this letter to Raychel Houston,Code Enforcement Officer,I am informing them that they should send all future correspondence to the mortgagor.If you have any questions,please do not hesitate to call me at(8 13)251.4766,ext.3377. Sincerely, Kristin Polk Enclosure cc: Raychel Houston,Code Enforcement Officer 320 pFpy,-6 t TOWN OF PALM BEACH EXHIBIT G January 3, 2011 Gail Trinka CERTIFIED MAIL 2300 S. Ocean Blvd. 7196 9008 9040 0034 8998 Palm Beach, FL 33480 Re: Case#CE 10-418, 2300 S. Ocean Blvd. Gail Trinka Dear Property Owner, The Town Council voted at their November 9, 2010 meeting to list the names of persons with overdue fines and fees owed to the Town in an advertisement in the Palm Beach Daily News. This correspondence is to inform you that you have $32,150.00 in unpaid fines and fees and unless they are paid prior to January 31, 2011, your name and the fine amount will be included in this list. Please be advised that this case has a daily running fine of $250.00 and the amount quoted above is what is due as of January 31, 2010. Checks should be made payable to the Town of Palm Beach and mailed to the Town of Palm Beach Finance Department, 360 S. County Road, Palm Beach, FL 33480. If you have any questions,please contact the Code Enforcement Unit at(561) 227.7080. Sincerely, Jane Struder Finance Director cc: Code Enforcement File Property File Post Office Box 2029 •360 South County Road • Palm Beach, Florida 33480 '(561)838-5400 321 OFD P ° �9 � TOWN OF PALM BEACH 4 o °� , POLICE DEPARTMENT a A NATIONAL AND STATE ACCREDITED LAW ENFORCEMENT AGENCY EXHIBIT H May 9,2011 Gail Trinka CERTIFIED/REGULAR MAIL 2300 S. Ocean Blvd. 7196 9008 9040 0242 8032 Palm Beach, FL 33480 REPEAT NOTICE OF CODE VIOLATION AND HEARING 2300 S.Ocean Blvd., Palm Beach Case#CE 11-548 Property Control Number: 504343-03-11-000-0421 Dear Ms. Trinka, A recent inspection of your property found the swimming pool water which is not maintained in a clean,sanitary condition. You were previously cited on August 25,2010 and found in violation by the Code Board on September 16,2010. Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances does not stagnant water or unsanitary conditions to exist and requires properties to be maintained in good condition. Please clean the pool to a sanitary condition by May 19,2011. You are hereby notified there will be a public hearing before the Code Enforcement Board on May 19,2011 at 2:00 p.m. in the second floor Town Council Chambers at Town Hall, 360 S. County Road, Palm Beach. Upon complying,it is your responsibility to notify the Town of Palm Beach Code Enforcement Office at(561)227-7080 to request a re-inspection of the property. Your case will be presented to the Code Enforcement Board even if the repeat violation has been corrected prior to the Board hearing. If you are found in violation of the Town Code, the Code Enforcement Board has the power by law to levy fines up to Five Hundred($500.00)Dollars a 322 345 South County Road•Palm beach.FL 33480.4443 •(561)227.7080• Fax(561)8354736• www.palmbeachpolice.com Gail Trinka May 9, 2011 Page 2 day against you and your property for every day any violation continues beyond the date set in the order for compliance. An administrative fee of One Hundred Fifty($150.00)Dollars for the cost of the hearing may be assessed to you should your case be heard. If you have any questions, please do not hesitate to call me at (561) 227-6425. Your immediate attention to this matter is appreciated. Sincerely, Robert Walton Lead Code Enforcement Officer cc: Code Enforcement File Property File 345 South County Road •Palm Beach.FL 33480-4443 *(561)227-7080• Fax(561)835-4736•%Vww.palmbeachpolice.com o�NoF «l_� TOWN OF PALM BEACH POLICE DEPARTMENT ANA-nf%UAI AAIn CTATC AdY-*CnrrCr%I A 12 Q111Vr%0f-C%ACArr A/-C►V-Y May 19,2011 EXHIBIT I BEFORE THE CODE ENFOKUEMENT 13L)ARU OF THE TOWN Or PALM BEACH ORDER FINDING REPEAT VIOLATION Gail Trinka CERTIFIED MAIL 2300 S. Ocean Blvd. 7196 9008 9040 0265 5599 Palm Beach,FL 33480 Re: Case# CE 11-548 2300 S. Ocean Blvd.,Gail T inka REPEAT Violation of Chapter 42, Section 42-86 of the Town of Palm Beach Code of Ordinances, stagnant water or unsanitary conditions not allowed The Code Enforcement Board heard testimony at the Code Enforcement Board Hearing held the 19`h day of May, 2011 and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW and ORDER. FINDINGS OF FACT 1. The homeowner was not present at the hearing but the property was posted in accordance with Florida State Statute 162.12, for a finding of proper notice. 2. The Town of Palm Beach Code Enforcement Officer testified and produced photographs of the repeat violation. CONCLUSIONS OF LAW 1. REPEAT Violation of Chapter 42, Section 42-86 of the Town of Palm Beach Code of Ordinances does exist. 324 345 South County Road•Palm(leach.FL 334804443 •(561)227-7080• Fax(361)8354736•www.palmbeachpolice.com Gail Trinka May 19,201 l Page 2 ORDER It is the order of this Board regarding Case CE 11-548 to find the violator in non-compliance,assess administrative costs in the amount of$150.00 and to give them until May 24, 2011 to achieve compliance. Upon complying, it is the responsibility of the violator to notify the Town of Palm Beach Code Enforcement Office at (561)227-7080 to request a re-inspection of the property. Should compliance with Town Ordinances not be obtained as prescribed by the Board,let this Order serve as notice that a fine of Five Hundred($500.00)Dollars a day will commence on May 25,2011 and continue until compliance is achieved. Failure to pay the above ordered administrative costs within ten(10)days will result in a lien being filed against your property.A certified copy of this Order may be recorded in the Public Records of Palm Beach County,Florida,and,once recorded,shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent,pursuant to Chapter 162, Florida Statutes for the original amount. DONE AND ORDERED this 19'h day of May, 2011 Timothy Hoffman Chairman,Code Enforcement Board cc: Case File Property File 325 345 South County Road•Palm Beach.FL 33484-4443 •(561)227.7084• Fax(561)8354736•www.palmbeachpolice.com Sharon R. Bock,CLERK & IMPTROLLER Pgs 1474 - 1475; (2pgs1 ECORD AND RETURN TO: EXHIBIT J ihn C.Randolph, Esquire roes, Foster,Johnston&Stubbs, P.A. 3st Office Box 3475,WPB, FL 33402-3475 FILL CALL#85 - U. egg TOWN OF PALM BEACH 4 M °- '��� POLICE DEPARTMENT * A NATIONAL AND STATE ACCREDITED LAW ENFORCEMENT AGENCY pQ�CE May l9,2011 LEGAL DESCRIPTION: PCN: 50-43-44-11-03-000-1295 PALM BEACH ESTATES S 10 FT OF LT 129& N 40 FT OF LT 130 LYG W OF&ADJ TO SR AlA R/W& E OF TOWN OF PALM BEACH BULKHEAD LI BEFORE THE CODE ENFORCEMENT BOARD OF THE TOWN OF PALM BEACH ORDER FINDING REPEAT VIOLATION Gail Trinka CERTIFIED MAIL 2300 S. Ocean Blvd. 7196 9008 9040 0265 5599 Palm Beach, FL 33480 Re: Case#CE 11-548. 2300 S. Ocean Blvd Gail Trinka REPEAT Violation of Chapter 42, Section 42-86 of the Town of Palm Beach Code of Ordinances, stagnant water or unsanitary conditions not allowed The Code Enforcement Board heard testimony at the Code Enforcement Board Hearing held the 19'h day of May, 2011 and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW and ORDER. FINDINGS OF FACT 1. The homeowner was not present at the hearing but the property was posted-in accordance- with Florida State Statute 162.12, for a finding of proper notice. 2. The Town of Palm Beach Code Enforcement Officer testified and produced photographs of the repeat violation. CONCLUSIONS OF LAW 326 1. REPEAT Violation of Chapter 42,Section 42-86 of the Town of Palm Beach Code of Gail Trinka May 19,2011 Page 2 ORDER It is the order of this Board regarding Case CE 11-548 to find the violator in non-compliance,assess administrative costs in the amount of$150.00 and to give them until May 24, 2011 to achieve compliance. Upon complying, it is the responsibility of the violator to notify the Town of Palm Beach Code Enforcement Office at(561)227-7080 to request a re-inspection of the property. Should compliance with Town Ordinances not be obtained as prescribed by the Board,let this Order serve as notice that a fine of Five Hundred($500.00)Dollars a day will commence on May 25,2011 and continue until compliance is achieved. Failure to pay the above ordered administrative costs within ten(10)days will result in a lien being filed against your pmperty.A certified copy of this Order may be recorded in the Public Records of Palm Beach County,Florida,and,once recorded,shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent,pursuant to Chapter 162,Florida Statutes for the original amount. DONE AND ORDERED this 19'h day of May,2011 Timoth y Hoffman =I d 1 ru dta ► Chairman,Code Enforcement Board tl4ss �l�nq�;Otaffebaw �ift dw11 r1p +r N01 Alb!Bid, cc: Case File R&ft NVAVMW4Wf ttl* 881- O if-_r Property File IN aW8WdFAW N4ft MINIMS 345 South County Road•Palm Beach.FL 334804443•(561)227.7080•Fax(561)835.4736•www.palmheachpolice.com327 o�N OF TOWN OF PALM BEACH POLICE DEPARTMENT '�• ���� y + A NATIONAL AND STATE ACCREDITED LAW ENFORCEMENT AGENCY Pwcp EXHIBIT K June 29,2011 Gail Trinka CERTIFIED/REGULAR MAIL 2300 S. Ocean Blvd. 7196 9008 9040 0326 7944 Palm Beach, FL 33480 NOTICE OF FORECLOSURE HEARING 2300 S. Ocean Blvd.,Palm Beach Case 8 CE 10418 and CE 11-548 Property Control Number: 504343-23-05-027-0300 Dear Property Owner, On September 16,2010,the Code Enforcement Board found you in violation of Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances, grass not permitted to be greater than 8 inches in height and unsightly,unsafe or unsanitary conditions such as stagnant water not permitted. You were given until September 24, 2010 to achieve compliance by cutting the grass and cleaning the swimming pool to a clear and sanitary condition.Compliance was not achieved and on October 21,2010 you were ordered to pay a fine in the amount of$250.00 a day,retroactive to September 25, 2010, the day after the Code Enforcement Board order requiring compliance and continuing until compliance was achieved. A lien was filed against the property on December 16, 2010. On November 9,2010,the Town of Palm Beach served a Notice to Abate and posted the property advising of the continued violations existing on your property and gave you 15 days to rectify the violations or appeal the Town's decision to enter the property and abate the nuisance.The property remained in violation and the Town cut the grass and cleaned the pool, bringing the property into compliance on January 7,2011. At that time,the fine which had accumulated in the amount of$26. 150.00 stopped as the property was now in compliance. On May 19,2011,the Code Enforcement Board found you in Violation ofChapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances as the pool was not being maintained in a clean, sanitary condition. This was a repeat violation of Chapter 42, Section 42-86 and you were given until May 24,2011 to come into compliance. The property remains out of compliance and the Cade Enforcement Board ordered a fine in the amount of$500.00 a day,commencing on May 25,2011 and continuing until compliance is achieved. As of this date, that fine stands at $I8, 150.00. A second lien was filed on the property on June 17, 2011. 345 South County Road• Palm Beach.FL 33480.4443 •(561)227-7080•Fax(561)8354736•www.palmbcachpolice.coA2$ Gail Trinka June 29,2011 Page 2 You are hereby formally notified that on July 21,2011 at 2:00 p.m.there will be a public hearing before the Code Enforcement Board in the second floor Town Council Chambers at Town Hall,360 S. County Road, Palm Beach to consider foreclosure action on the above referenced property. Should you decide not to be present,the hearing will be held in your absence. Chapter 2,Section 2- 435 of the Town of Palm Beach Code of Ordinances gives the Code Enforcement Board the authorization to initiate foreclosure proceedings for unpaid liens on property. If you have any questions or need additional information,please contact me at(561)227-6423. Sincerely, Robert 14-Z1..1 . alton Lead Code Enforcement Officer cc: Code Enforcement File Property File 345 South County Road• Palm Beach.Fl.33480-4443 •(561)227.7080•Fax(561)8354736•www.palmbcachpo1iCC.c0g29 OF P6 TOWN OF PALM BEACH o POLICE DEPARTMENT ' OW 4 G Po EXHIBIT* EXHIBIT L July 21, 2011 BEFORE THE CODE ENFORCEMENT BOARD OF THE TOWN OF PALM BEACH ORDER Gail Trinka CERTIFIED MAIL 2300 S. Ocean Blvd. 7196 9008 9040 0370 9260 Palm Beach, FL 33480 Re: Case # CE 10-418, 2300 S. Ocean Blvd Gail Trinka Violation of Chapter 42,Section 42-86 of the Town of Palm Beach Code of Ordinances,unsightly, unsafe or unsanitary conditions not permitted and stagnant water and grass in excess of 8"in height not allowed The Code Enforcement Board heard testimony at a foreclosure hearing before the Code Enforcement Board Hearing on the 21"day of July, 2011 and enters the following ORDER. ORDER It is the order of this Board regarding Case#CE 11-418 to recommend that Town Council proceed with foreclosure. DONE AN ORDERED this 21"day of July, 2011. Timothy Hoffman Chairman Code Enforcement Board cc: Case File Property File BAC Home Loans Servicing, L.P. F/K/A Country Wide Home Loan Servicing, L.P. 345 South County Road • Palm Beach,FL 33480-4443 •(561)227-7080• Fax(561)835-4736•www.paimbeachpolice.com� Code Enforcement Board Costs and fines as of 7/2612011 Np Dally Qiffent Date of Tent Amount Date Board CES Running Running Daft Noe or Date Z. cdmp0anc Running/Ron pald or Me CompOan Hameftead/iorecksua Date Lim Can a Name Address Order gale% 7Me Etna Sun Stopped a Runnng Tlne OWOM Reduction CornmeM. H7 Status Recorded Money Owed tatter Publish paper letter nomeste..M S2SO/daystan 912S/l0am IMaI due roved"..action by lender 11/10/2010 CE 10418 Gait Trinka 2300 S.Ocean Md. 10/21/20t0 $150.00 SZSO00 9/25/2010 1/712011 SOS 516.000.00 Slusttoll to notice t0 abate N in protrtst and 12116110 1/3/2011 Not Homesteaded:Lien Silo CEB cn 5/19/11:Sswcw sun pe ,M pmWe toatlo . CE 11.50 Gail Tnnka 2300 S.Oran Bfd. S/1912011 SSSO,00 Moo S/25/2013 712612011 62 531.000.00 531.15000 S12S/11 N pertEmt br bona 61U1201i Gard Total SS7 =## 1 EXHIBIT M W W Page 1 of 1 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Evaluation of Town Manager Peter B. Elwell's Performance During 2010-2011. Presenter Peter B. Elwell, Town Manager Supporting Documents • Memorandum dated August 4, 2011, from Peter B. Elwell, Town Manager • Performance Evaluation for Peter B. Elwell, Town Manager 332 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council From: Peter B. Elwell, Town Manager Re: Annual Evaluation of My Performance as Town Manager Date: August 4, 2011 Thank you for the candid feedback each of you provided during your evaluation of my performance for the past year. Overall, you have rated my performance positively and I am grateful for your continued confidence and support. I am equally grateful for your guidance regarding areas in which I can improve my performance in the future. A summary of your numeric scores is attached hereto for your information. If you have any questions or require any additional information prior to the August 9 Town Council meeting, please contact me at your convenience. PBE:cek Attachment C:AProgram Fi1es\Neevia.Com\Document Converter\temp\PDFConvert.9187.1.mte elwell evaluadon.wpd 333 TOWN OF PALM BEACH PERFORMANCE EVALUATION TOWN MANAGER PETER B. EL WELL 2010-2011 Rosow Wildrick Diamond Kleid Pucillo Average CATEGORY Management of Day-to-Day Operations 5 4 5 4 5 4.60 Communications with Council Members 5 5 5 5 5 5.00 Leadership of Staff 5 4 5 3 5 4.40 Citizen Relations 5 5 5 4 4 4.60 Intergovernmental Relations 4 4 5 4 5 4.40 Media Relations 5 5 5 4 4 4.60 Written Communications 5 5 5 5 5 5.00 Creativity 5 4 5 4 5 4.60 Financial Management 5 4 5 5 5 4.80 Annual Goals (1) - Reduce Expenditures 4 5 5 4 5 4.60 Annual Goals (2) - Purchasing Controls 5 4 5 4 4 4.40 Annual Goals (3) - Collective Bargaining 5 5 5 4 5 4.80 OVERALL PERFORMANCE 5 5 5 4 5 4.80 NS=Not Scored W W TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Adoption of 2011-2012 Goals and Objectives for Town Manager Peter Elwell. Presenter Peter B. Elwell, Town Manager Supporting Documents • Memorandum dated August 4, 2011, from Peter Elwell • Proposed Goals and Objectives for Town Manager Peter B. Elwell for 2011-2012 • Proposed Goal from Council President Rosow • Proposed Goal from Council Member Kleid 335 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council From: Peter B. Elwell, Town Manager Re: Adoption of Annual Performance Goals for Town Manager Date: August 4, 2011 STAFF RECOMMENDATION I recommend Town Council adopt performance goals and related specific objectives for measuring my performance during 2011-2012, as set forth on the attached document entitled "Proposed Goals and Objectives for Town Manager Peter B. Elwell for 2011-2012 for consideration at the Town Council Meeting on August 9, 2011." I also request Town Council direction regarding an additional goal suggested by Town Council President Rosow and an additional goal and related specific objectives suggested by Town Council Member Kleid. GENERAL INFORMATION Each year, the Town Council adopts a few specific performance goals to be rated along with general categories of performance when conducting my annual evaluation. These goals highlight particular management challenges or projects that will be high priorities for the Town during the year ahead. This year, I am proposing goals that address strengthening of Town ethics regulations, implementation of Town pension changes, and continued actions in restoring fiscal sustainability to our Town government. Council President Rosow has suggested an additional goal ("Improve employee morale with a more vigorous communication plan") and Council Member Kleid has suggested an additional goal ("Encourage Business Sustainability") with two related objectives. Copies of their proposed language are attached to this memorandum. PBE:cek Attachments C:AProgram Fi1es\Neevia.Com\Document Converter\temp\PDFConvert.9179.1.mte elwell goals and objectives.wpd 336 PROPOSED GOALS & OBJECTIVES FOR TOWN MANAGER PETER B. ELWELL FOR 2011-2012 FOR CONSIDERATION AT THE TOWN COUNCIL MEETING ON AUGUST 9, 2011 Goal 1: Strengthen Town Ethics Regulations and Integrate them with New County Ethics Regulations Objectives: 1. Obtain advisory opinions, as needed, from the Palm Beach County Commission on Ethics. 2. Modify Town regulations, as needed, to ensure consistency and avoid redundancy. 3. Strength Town processes for oversight and enforcement of applicable regulations. Goal 2: Implement Town Pension Reform Objectives: 1. Provide advice and assistance to Town Council as it considers and takes final action directing changes to the Town's employee pension systems. 2. Promptly and effectively implement final Town Council action regarding changes to the Town's employee pension systems. Goal 3: Complete Unfinished Items in the Process of Restoring Fiscal Sustainability to Town Government Objectives: 1. Provide advice and assistance to Town Council as it considers and takes action on the revised 10-year Coastal Protection Program and on the funding plan for that program. 2. Complete the analysis of operational staffing needs for the Fire-Rescue Department, take implementing actions that are within the Town Manager's administrative authority, and propose to Town Council any policy level actions necessary to complete this "right sizing" without reducing the level or quality of fire suppression services. 3. Continue to identify and address other opportunities to increase the cost effectiveness to Town government without reducing the level or quality of services provided to the community. 337 PROPOSED GOALS &OBJECTIVES FOR TOWN MANAGER PETER B.ELWELL FOR 2011-2012 FOR CONSIDERATION AT THE TOWN COUNCIL MEETING ON AUGUST 91, 2011 Goal 1: Strengthen Town Ethics Regulations and Integrate them with New County Ethics Regulations Objectives: 1. Obtain advisory opinions,as needed,from the Palm Beach County Commission on Ethics. 2. Modify Town regulations, as needed,to ensure consistency and avoid redundancy. 3. Strengthen Town processes for oversight and enforcement of applicable regulations. Goal 2: Implement Town Pension Reform Objectives: 1. Provide advice and assistance to Town Council as it considers and takes final action directing changes to the Town's employee pension systems. 2. Promptly and effectively implement final Town Council action regarding changes to the Town's employee pension systems. Goal 3: Complete Unfinished Items in the Process of Restoring Fiscal Sustainability to Town Government Objectives: 1. Provide advice and assistance to Town Council as it considers and takes action on the revised 10-year Coastal Protection Program and on the funding plan for that program. 2. Complete the analysis of operational staffing needs for the Fire-Rescue Department, take implementing actions that are within the Town Manager's administrative authority, and propose to Town Council any policy level actions necessary to complete this "right sizing"without reducing the level or quality of EMS services and without materially reducing the level or quality of fire suppression services. 3. Continue to identify and address other opportunities to increase the cost effectiveness of Town government without reducing the level or quality of services provided to the community. J� 4?e,1h- _ 338 2011-2012 ADDITIONAL GOAL ENCOURAGE BUSINESS SUSTAINABILITY Objectives 1. Identify and address opportunities to simplify/reduce regulations impacting business without eliminating necessary controls 2. Identify and address opportunities: a. to change the zoning code to foster a cooperative approach with business to enhance commercial districts b. to form public/private partnerships to improve areas of the Town such as the Royal Poinciana area c. to provide options for parking in the commercial areas 339 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Ordinances - First Reading Agenda Title ORDINANCE NO. 16-11 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 2 Administration, Article IV Boards And Commissions, Division 2 Planning And Zoning Commission, Section 2-328 Relating To Removal Provisions, Absences, Conflicts Of Interest At Subparagraph(a); Amending Article V Code Enforcement, Division 2 Code Enforcement Board, Section 2-402 Relating To Terms, Removal Provisions, Absences, Conflicts Of Interest At Subparagraph(b); Amending Article VI Finance, Division 6 Investment Advisory Committee, Section 2-567 Subparagraph(b) Relating To Removal Provisions, Absences; Amending Article X Shore Protection Board, Section 2-636 Subparagraph(b) Relating To Removal Provisions; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. ORDINANCE NO. 17-11 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 38, Emergency Services; Article II, Alarm Systems; At Section 38-31 Relating To Purpose; At Section 38-32 Relating To Definition Of False Alarm; And At Section 38-34 Relating To Enforcement; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. ORDINANCE NO. 18-11 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 46, Fire Prevention And Protection, Article III, Fire Prevention Code, At Section 46-69, Ordering Correction Of Hazards; Compliance Required; Appeal; Section 46-71, Owner Responsibility For Vacant Premises; Section 46-74, Open Burning; And 46-75, Exit Doors And Means Of Egress; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. ORDINANCE NO. 19-11 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 54 Historical Preservation, Article II Landmarks Preservation Commission, Section 54-38 Relating To Removal Provisions, Absences, Conflicts Of Interest, Subparagraph(a); Amending Section 54-39 Relating To Officers, Rules Of Procedure For Commission, To Eliminate The Position Of Secretary; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. ORDINANCE NO. 20-11 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 2, Administration; Article V, Code Enforcement; Division 3, Procedure; At Section 2-439 Relating To The Citation Fine Schedule To Include Violations Of Section 46-71,Owner 340 Responsibility For Vacant Premises; Section 46-74, Open Burning, And Section 46-75, Exit Doors And Means Of Egress As Class III Violations Of The Town Code Of Ordinances; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. Presenter Thomas G. Bradford, Deputy Town Manager Supporting Documents • Memorandum dated July 27, 2011, from Thomas G. Bradford, Deputy Town Manager • Ordinance No. 16-11 • Ordinance No. 17-11 • Ordinance No. 18-11 • Ordinance No. 19-11 • Ordinance No. 20-11 341 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Thomas G. Bradford, Deputy Town Manager Re: Review of Ordinances for First Reading Incorporating Ordinance, Rules and Standards (ORS) Committee Approved and Town Council Approved Code Changes Ordinances Nos. 16-11 —20-11 Date: July 27, 2011 STAFF RECOMMENDATION Staff recommends Town Council approve each of the ordinances delineated below on first reading. Each ordinance has been approved by the ORS Committee and by the Town Council in a follow-up ORS report to the Town Council. Most were conceptually approved at the Town Council monthly meeting in February 2011. Each ordinance change is being presented to the full Town Council in the ordinance format for the first time. GENERAL INFORMATION Early in 2009, the Town Council requested that the ORS Committee begin the process of reviewing the Town Code of Ordinances in a systematic fashion with regular reports to the Town Council. Thereafter, this office instructed all departments to conduct a review of those code provisions that they work with, or make any reference to their departments, for the purpose of recommending any Code changes to this office and ultimately to the ORS Committee. ORS meetings on this matter commenced that fall. There are a total of thirty-seven (37) chapters in the Town's Code of Ordinances. Each one has been reviewed by ORS, with the exception of Chapter 134, the Zoning Ordinance, which is not being reviewed because it receives fairly constant attention by the Town Council, the Planning and Zoning Commission and staff. Many of the other thirty-six chapters have not had a thorough review since 1998, when Ordinance No. 17- 98 adopted a new Code of Ordinances. There are two chapters (Chapter 18 and 66) remaining for ORS final review in accordance with the instructions of the ORS Committee. The work is estimated to be completed shortly and will be presented to ORS in the ordinance format. In the end, each 342 ordinance change approved by ORS is reported to the full Town Council. If the full Town Council approves, the ordinance change is presented for first reading at a Town Council meeting and is submitted in the redline format, meaning ordinance additions are underlined and ordinance deletions are shown as strikes. Six such ordinances are up for first reading consideration. Each ordinance number, a synopsis of its full title and the highlights of what is being changed appears below. ORDINANCE NO. 16-11 Amending Chapter 2 Administration (3 Strike Rule). See Exhibit A. This ordinance clarifies that automatic removal of a board member occurs for lack of attendance upon failure to attend three regularly scheduled meetings in a calendar year for the Planning and Zoning Commission, Code Enforcement Board and the Shore Protection Board, each of which meets more or less on a monthly basis. The ordinance does the same for the Investment Advisory Committee except that lack of attendance in this instance occurs over the course of a 12 month period since the Investment Advisory Committee meets quarterly. ORDINANCE NO. 17-11 Amending Chapter 38, Emergency Services. See Exhibit B. o Sec. 38-31: Clarifies that Town adopted standards and controls for emergency alarm systems requiring a police response also apply to alarms requiring a fire- rescue response. o Sec. 38-32: The definition of a false alarm is also updated to specify that false alarms apply to alarms requiring a fire-rescue response. o Sec. 38-34: Specifies that permit and service charges are a debt due to the Town and action may be commenced before the Code Enforcement Board or a court of competent jurisdiction. ORDINANCE NO. 18-11 Amending Chapter 46, Fire Prevention and Protection. See Exhibit C. o Sec. 46-69: Changes reference to the "currently adopted Florida Fire Prevention Code." o Sec. 46-71: Enumerates owner responsibilities for vacant premises. Violations are Class III pursuant to Town citation schedule. o Sec. 46-74: Re-names an open burning permit to a "bonfire permit;"allows Fire- Rescue Chief to delegate to a designee; establishes violations as Class III pursuant to Town citation schedule. o Sec. 46-75: References "currently adopted Florida Fire Prevention Code" and Life Safety Code (NFPA 101) relative to locking or blocking exits. Violations are Class III pursuant to Town citation schedule. Page 2 of 3 343 ORDINANCE NO. 19-11 Amending Chapter 54, Historical Preservation (3 Strike Rule for Landmarks Preservation Commission). See Exhibit D. This ordinance clarifies that automatic removal of a board member occurs for lack of attendance upon failure to attend three regularly scheduled meetings in a calendar year for the Landmarks Preservation Commission, which meets more or less on a monthly basis. ORDINANCE NO. 20-11 Amending Chapter 2, Administration. See Exhibit E. The amendments to Chapter 46 as referenced above require the adopted citation schedule within the Code of Ordinances to be amended so that the additional Class III violations created by the adoption of the Chapter 46 amendments are included therein. FUNDING/FISCAL IMPACT The cost of preparing the ordinances, advertising second reading and codifying the ordinances are known direct costs of ordinance adoption and are covered by the adopted operating budget of the Town for the current fiscal year. Any indirect costs associated with this process or the programs delineated in the ordinances are deemed to be de minimis. TOWN ATTORNEY REVIEW Each ordinance has been prepared by, or reviewed and approved by, the Town Attorney. cc: Department Directors John C. Randolph, Town Attorney Darryl Donatto, Deputy Chief, Fire-Rescue Veronica Close, Assistant Director of Planning, Zoning and Building Tim Pompos, Fire Marshall John Lindgren, Planning Administrator Raychel Houston, Code and Parking Enforcement Manager Rob Walton, Chief Code Compliance Officer Rob Weber, Coastal Management Coordinator N\TGB\201]\Agenda Items\ORS Ordinances for First Reading 080911 Page 3 of 3 344 EXHIBIT A ORDINANCE NO. 16-11 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 2 ADMINISTRATION, ARTICLE IV BOARDS AND COMMISSIONS, DIVISION 2 PLANNING AND ZONING COMMISSION, SECTION 2-328 RELATING TO REMOVAL PROVISIONS, ABSENCES, CONFLICTS OF INTEREST AT SUBPARAGRAPH (a); AMENDING ARTICLE V CODE ENFORCEMENT, DIVISION 2 CODE ENFORCEMENT BOARD, SECTION 2-402 RELATING TO TERMS, REMOVAL PROVISIONS, ABSENCES, CONFLICTS OF INTEREST AT SUBPARAGRAPH (b); AMENDING ARTICLE VI FINANCE, DIVISION 6 INVESTMENT ADVISORY COMMITTEE, SECTION 2-567 SUBPARAGRAPH (b) RELATING TO REMOVAL PROVISIONS, ABSENCES; AMENDING ARTICLE X SHORE PROTECTION BOARD, SECTION 2-636 SUBPARAGRAPH (b) RELATING TO REMOVAL PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 2, Administration; Article IV, Boards and Commissions; Division 2, Planning and Zoning Commission; Section 2-328; subparagraph (a), to read as follows: Sec. 2-328. Removal provisions; absences; conflicts of interest. "(a) All members of the planning and zoning commission, including alternates, serve at the pleasure of the town council and may be removed from the commission with or without cause. Members of the commission shall be automatically removed for lack of attendance. Lack of attendance is defined as failure to attend ;^F^ than hree regularly scheduled meetings in any one calendar year. Excused absences due to illness, a death in the family, religious holidays and requirements of legal process shall not constitute lack of attendance. 'tea^r f^r aR °hSeRGe tQ 345 Ga °�:G th8 AhGP-R-GP- W h., ,,nwn, seE The member shall notify the Town Manager's office in writing of the board member's intended absence at least seven (7) business days prior to the regularly scheduled meeting. Failure to do so, absent an emergency which prevents timely notice, will cause the absence to be unexcused.. Excused absences shall be entered into the minutes at the next regularly scheduled meeting of the commission after the absence. A member may petition the town council, in the event of extenuating circumstances, to excuse an absence otherwise not automatically excused pursuant to the provisions of this section." Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 2, Administration; Article V, Code Enforcement; Division 2, Code Enforcement Board; Section 2-402; subparagraph (b), to as follows: Sec. 2-402. Terms; removal provisions; absences; conflicts of interest. "(b) All members of the code enforcement board, including alternates, serve at the pleasure of the town council and may be removed from the board with or without cause. Members of the board shall be automatically removed for lack of attendance. Lack of attendance is defined as failure to attend m^F^ thaR two three regularly scheduled meetings in any one calendar year. Excused absences due to illness, a death in the family, religious holidays and requirements of legal process shall not constitute lack of attendance. ,T,--GFdeF fGF EIn abSeRGe to be eaethe abSeRGe to be U%XG ;Sed. The member shall notify the town manager's office in writing of the board member's intended absence at least seven (7) business days prior to the regularly scheduled meeting. Failure to do so, absent an emergency which prevents timely notice, will cause the absence to be unexcused. Excused absences shall be entered into the minutes at the next regularly scheduled meeting of the board after the absence. A member may petition the town council, in the event of extenuating circumstances, to excuse an absence otherwise not automatically excused pursuant to the provisions of this section." Ordinance No. 16-11 Page 2 of 5 346 Section 3. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 2, Administration; Article VI, Finance; Division 6, Investment Advisory Committee; Section 2-567; subparagraph (b), to as follows: Sec. 2-567. Investment advisory committee created; appointments; terms; qualifications; advisory function; requirements; officers; procedure. "(b) Removal provisions; absences. All members of the investment advisory committee serve at the pleasure of the town council and may be removed from the committee with or without cause. Members of the committee shall be automatically removed for lack of attendance. Lack of attendance shall be defined as a failure to attend ,T^r two scheduled meetings in any eRa?eaT8RdaF��twelve month period. Excused absence due to illness, a death in the family, religious holidays and requirements of legal process shall not constitute lack of attendance. IR GF d�Qr aR abSeRGe to ham, c� R;eR;b_F R; ict nE)}jfy �j rn--vrcr �--crrra'�.�c�rrc�o—v�e��� , crrry �„J fiRaRGG i e 1ReXG 1sed. The member shall notify the finance director in writing of the board member's intended absence at least seven U business days prior to the regularly scheduled meeting. Failure to do so, absent an emergency which prevents timely notice, will cause the absence to be unexcused. Excused absences shall be entered into the minutes of the next regularly scheduled meeting of the committee after the absence. A member may petition the town council, in the event of extenuating circumstances, to excuse an absence otherwise not automatically excused pursuant to the provisions of this section." Section 4. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 2, Administration; Article X, Shore Protection Board; Section 2- 636; subparagraph (b), to as follows: Sec. 2-636. Shore protection board created; appointments; terms; qualifications; advisory function; requirements; officers; procedure. "(b) Removal provisions. All members of the shore protection board serve at the pleasure of the town council and may be removed from the board with or without cause. Members of the board shall be automatically removed for lack of attendance. Lack of attendance shall be Ordinance No. 16-11 Page 3 of 5 347 defined as a failure to attend m^r^ +haR +w three regularly scheduled meetings in any one calendar year. Excused absence due to illness, a death in the family, religious holidays and requirements of legal process shall not constitute lack of attendance. ',T E)Fa^F f^r „r abSE?R"r.8+ce--rh^. eC° Via I^#^r Will Ga SE? +hl, abSE?Rn^ W h^ HRE?XGHsed. The member shall notify the town manager's office in writing of the board member's intended absence at least seven U business days prior to the regularly scheduled meeting. Failure to do so, absent an emergency which prevents timely notice, will cause the absence to be unexcused. Excused absences shall be entered into the minutes of the next regularly scheduled meeting of the board after the absence. A member may petition the town council, in the event of extenuating circumstances, to excuse an absence otherwise not automatically excused pursuant to the provisions of this Code." Section 5. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 6. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 7. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 8. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Ordinance No. 16-11 Page 4 of 5 348 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 9th day of August, 2011, and for second and final reading on this day of , 2011. Gail Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member N:\TGB\Misc\2009Wttorney\Town Code\19Z1187-ordinance chapter 2 re boards and commission absences.DOC Ordinance No. 16-11 Page 5 of 5 349 EXHIBIT B ORDINANCE NO. 17-11 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 38, EMERGENCY SERVICES; ARTICLE 11, ALARM SYSTEMS; AT SECTION 38-31 RELATING TO PURPOSE; AT SECTION 38-32 RELATING TO DEFINITION OF FALSE ALARM; AND AT SECTION 38-34 RELATING TO ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 38, Emergency Services; Article 11, Alarm Systems; Section 38-31, Purpose, to read as follows: "Sec. 38-31. Purpose. The purpose of this article is to establish standards and controls of the various types of intrusion, holdup, and other emergency signals from alarm systems that require police and/or fire rescue response or investigation or other emergency response from the town." Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 38, Emergency Services; Article 11, Alarm Systems; Section 38-32, Definitions, by amending the definition of false alarm, to read as follows: "False alarm means an alarm signal activated by subscriber negligence, or for any reason not of any emergency nature, or when activated due to a malfunction of any segment of the alarm system, and which necessitates response by the police and/or fire rescue department when, in fact, no emergency exists. " 350 Section 3. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 38, Emergency Services; Article II, Alarm Systems; Section 38-34, Enforcement, to read as follows: "Sec. 38-34. Enforcement. (a) The conviction or punishment of any person for a violation of the provisions of this article or for failing to secure a permit as required by this article shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction, nor shall payment of the fee prevent criminal prosecution for violation of any of the provisions of this article. All remedies shall be cumulative, and the use of one or more remedies by the town shall not bar the use of any other remedy for the purpose of enforcing the provisions of this article. (b) The amount of any permit or service charge shall be deemed a debt due the town. An action may be commenced before the Town of Palm Beach Code Enforcement Board or in the name of the town in any court of competent jurisdiction for the amount of any delinquent permit fee or service charge. All permit fees shall be deemed delinquent 30 days after they are due and payable." Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 5. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Ordinance No. 17-11 Page 2 of 3 351 Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 9th day of August, 2011, and for second and final reading on this day of , 2011. Gail Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member n:VgWmisc120091attorneyVown code117m9407-ordinance chapter 38 red.doc Ordinance No. 17-11 Page 3 of 3 352 EXHIBIT C ORDINANCE NO. 18-11 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 46, FIRE PREVENTION AND PROTECTION, ARTICLE III, FIRE PREVENTION CODE, AT SECTION 46-69, ORDERING CORRECTION OF HAZARDS; COMPLIANCE REQUIRED; APPEAL; SECTION 46-71, OWNER RESPONSIBILITY FOR VACANT PREMISES; SECTION 46-74, OPEN BURNING; AND 46-75, EXIT DOORS AND MEANS OF EGRESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 46, Fire Prevention and Protection; Article III, Fire Prevention Code; Section 46-69, to read as follows: "Sec. 46-69. Ordering correction of hazards; compliance required; appeal. (a) Whenever the chief of the fire-rescue department or his F8PF8GGRta#v&dejsignee shall find on any building or upon any premises, or in any public place, violations of the currently adopted Florida Fire Prevention Code, combustible or explosive material or dangerous accumulation or rubbish or unnecessary accumulation of wastepaper, boxes, shavings or other highly combustible materials especially liable to fire, and which are so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors, or windows liable to interfere with the operation of fire-rescue or the egress of occupants in case of fire, he shall order same to be removed or remedied. Such order shall be forthwith complied with by the owner or occupant of such place or building. If such remedy shall require an alteration of the structure of such buildings or place, the owner or occupant may appeal that order pursuant to this section to the board of adjustments and appeals. (b) The board of adjustments and appeals shall within 45 days review such order and file its decision thereon; and unless the order is revoked or modified, it shall remain in full force and be obeyed by such owner or occupant. The board of adjustments and appeals must find the Ord. 18-11 Page 1 of 4 353 EXHIBIT C appeal remedy equal to or greater than the code requirement. Further appeal would be to the town council." Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 46, Fire Prevention and Protection; Article III, Fire Prevention Code; Section 46-71, to read as follows: "Sec. 46-71. Owner responsible for vacant premises. The duties imposed upon occupants of buildings and premises by this article are imposed upon the owners of such buildings and premises when such buildings and premises are vacant. Every gerson owning or having charge or control of any vacant building or premises shall remove all combustible storage, waste, refuse and vegetation and shall lock, barricade or otherwise secure all windows, doors and other openings t0 prohibit entry by unauthorized persons. All fire protection systems shall be maintained and in service in vacant buildings. The fire-rescue chief, or his designee, may make an exception if the building has limited use of utilities or the construction is fire-resistant and void of any combustible materials. Violation of this section shall be subiect to the penalty for a Class III violation as set forth in Section 2-439 of the town code of ordinances„ Section 3. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 46, Fire Prevention and Protection; Article III, Fire Prevention Code; Section 46-74, to read as follows: "Sec. 46-74. Open burning. It shall be unlawful for any person to kindle a fire on any lot, street, alley, park or other public or private place, except in devices designed for heating and cooking such as fireplaces and stoves, without first obtaining a bonfire permit from the fire-rescue chief or his designee. All devices designed for outdoor use shall be operated no closer than five feet from any building or combustible material and shall not be operated on any balcony or roof. Violation of this section shall be subiect to the penalty for a Class I II violation as set forth in Section 2-439 of the town code of ordinances.,, Section 4. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 46, Fire Prevention and Protection; Article III, Fire Prevention Ord. 18-11 Page 2 of 4 354 EXHIBIT C Code; Section 46-75, to read as follows: "Sec. 46-75. Exit doors and means of egress. Any person, business or organization found guilty of violating those sections of the 7 I', .9-. currently adopted Florida Fire Prevention Code or the Life Safety Code ( FPA 101), relative to illegally locking exits or blocking means of egress, shall be W-VAR. G--d- GnfG FGGRgG t "„ �� subiect to the penalty for a Class III violation as set forth in Section 2-439 of the town code of ordinances." Section 5. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 6. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 7. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 8. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Ord. 18-11 Page 3 of 4 355 EXHIBIT C PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 9th day of August, 2011, and for second and final reading on this day of , 2011. Gail Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member n:Itgblmisc120111ors11ad2772-ordinance chapter 46_fire_prevention_red[2].docx Ord. 18-11 Page 4 of 4 356 EXHIBIT D ORDINANCE NO. 19-11 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 54 HISTORICAL PRESERVATION, ARTICLE II LANDMARKS PRESERVATION COMMISSION, SECTION 54-38 RELATING TO REMOVAL PROVISIONS, ABSENCES, CONFLICTS OF INTEREST, SUBPARAGRAPH (a); AMENDING SECTION 54-39 RELATING TO OFFICERS, RULES OF PROCEDURE FOR COMMISSION, TO ELIMINATE THE POSITION OF SECRETARY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 54, Historical Preservation; Article II, Landmarks Preservation Commission; Section 54-38; subparagraph (a), to read as follows: Sec. 54-38. Removal provisions; absences; conflicts of interest. "(a) All members of the commission, including alternates, serve at the pleasure of the town council and may be removed from the commission with or without cause. Members of the commission shall be automatically removed for lack of attendance, which is defined as failure to attend than we three regularly scheduled meetings in any one calendar year. Excused absences due to illness, a death in the family, religious holidays and requirements of legal process shall not constitute lack of attendance. in nrA�r f^r to 1'® A, +tea, eMkep +a, be The member shall notify the town mana ger's office in writing of the board member°s intended absence at least seven (7} business dais r�rior to the regularly scheduled meeting. Failure to do so, absent an emergency which grevents timer notice, will cause the absence to be unexcused. Excused absences shall be entered into the minutes at the next regularly scheduled meeting of the commission after the absence. A member may petition the town council, in the event of 357 extenuating circumstances, to excuse an absence otherwise not automatically excused pursuant to the provisions of this article." Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 54, Historical Preservation; Article II, Landmarks Preservation Commission; Section 54-39, to read as follows: "Sec. 54-39. Officers, rules of procedure for commission. The commission shall elect a chair; and a vice-chair &eG4:e�and may adopt rules for the conduct of its meetings. Four voting members of the commission shall constitute a quorum; however, the affirmative or negative vote of a majority of the entire membership of the commission shall be necessary for it to take action. In cases of emergency, if a quorum cannot be obtained, the chair, or vice-chair in his absence, and one other member of the commission may act to prevent an imminent or irreparable violation of the provision of this chapter." Section 3. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Ordinance No. 19-11 Page 2 of 3 358 Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 9th day of August, 2011, and for second and final reading on this day of , 2011. Gail Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member n:VgWmisc120111ors119z1250-ordinance section 54-38 landmarks commission removal provisions.doc Ordinance No. 19-11 Page 3 of 3 359 EXHIBIT E ORDINANCE NO. 20-11 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 2, ADMINISTRATION; ARTICLE V, CODE ENFORCEMENT; DIVISION 3, PROCEDURE; AT SECTION 2-439 RELATING TO THE CITATION FINE SCHEDULE TO INCLUDE VIOLATIONS OF SECTION 46- 71,OWNER RESPONSIBILITY FOR VACANT PREMISES; SECTION 46-74, OPEN BURNING, AND SECTION 46-75, EXIT DOORS AND MEANS OF EGRESS AS CLASS III VIOLATIONS OF THE TOWN CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 2, Administration; Article V, Code Enforcement; Division 3, Procedure; Section 2-439, Citation Fine Schedule, to include at the appropriate sequential location within the existing citation fine schedule, the table inset appearing below and to read as follows: "Sec. 2-439. Citation fine schedule. Upon receiving a citation pursuant to section 2-431, an alleged violator may elect to pay the civil penalty listed below or, in lieu thereof, may proceed to the code enforcement hearing as set forth in the provisions of section 2-429. The following fines shall be applicable to first and subsequent offenses as defined below. If the matter is referred to a code enforcement hearing, the fine imposed may be higher than prescribed in the schedule below as provided in subsection 2-430(a). Nothing in this section shall bar or preclude the town from requiring a mandatory code enforcement hearing. Class I violations: First offense . . . $75.00 Second offense . . . 125.00 360 Third offense . . . 250.00 Fourth and subsequent offense . . . 500.00 Class II violations: First offense . . . $125.00 Second offense . . . 250.00 Third offense . . . 400.00 Fourth and subsequent offense . . . 500.00 Class III violations: First offense . . . $250.00 Second and subsequent offense . . . 500.00 Class IV violations: . . . $500.00 TABLE INSET: Code Class Section Chapter 46 FIRE PEVENTION AND PROTECTION 46-71 111 46-74 111 46-75 111 Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 5. Repeal of Ordinances in Conflict. Ord. No.20-11 Page 2 of 3 361 All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 9th day of August, 2011, and for second and final reading on this day of , 2011. Gail Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member N:TGB/Misc/2011/ORS/Chap 2 Amend for Sec 46-75 Ord. No.20-11 Page 3 of 3 362 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Ordinances - First Reading Agenda Title ORDINANCE NO. 21-11 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 78, PEDDLERS AND SOLICITORS, ARTICLE III, CHARITABLE SOLICITATIONS, DIVISION 2, PERMIT, BY ADDING SECTION 78-81, EVIDENCE OF ENGAGING IN CHARITABLE SOLICITATION; AMENDING SECTION 78-106, PERMIT FORM, DURATION, SO AS TO PROVIDE THAT THERE MAY BE FOUR EVENTS DURING A TWELVE MONTH PERIOD OF A PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. [Susan A. Owens, MMC, Town Clerk] Presenter Susan A. Owens, Town Clerk Supporting Documents • Memorandum dated July 27, 2011, from Susan A. Owens, MMC, Town Clerk • Ordinance No. 21-11 363 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Susan A. Owens, MMC, Town Clerk Re: Revisions to Charitable Solicitations Code Ordinance No. 21-11 Date: July 27, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council approve Ordinance No. 21-11, amending the Town Code regarding Charitable Solicitations to add a provision for evidence of engaging in charitable solicitation, and increasing the allowable number of events per 12 month period from two to four. BOARD OR COMMISSION RECOMMENDATION This ordinance came before the Ordinances, Rules, and Standards Committee at their July 13, 2011 meeting, and was approved to come before the Council for consideration. GENERAL INFORMATION Section 78-101 of the Town Code of Ordinances requires that any person or agent of such person soliciting contributions for any charitable purpose or person within the town may not do so without a permit issued by the town clerk authorizing such solicitation. In regulating the provisions of this section, the Town has come to find that some charitable solicitations are being held without a valid permit. The Town Clerk's Office and Code Enforcement have worked closely to identify these events and enforce the applicable provisions of the Code. Adding the proposed provision for evidence of engaging in charitable solicitations will strengthen the Town's ability to enforce the Town's prohibition of charitable solicitations without a valid permit. Section 78-106 of the Town Code of Ordinances states that in no event shall the permits be valid for more than two events during the 12 month period from the date of issuance. Over the years, Town staff has received requests from charitable organizations to hold more than two events in a 12 month period. There have been no significant complaints regarding permitted events, and staff is recommending that organizations be allowed up to four events in a 12 month period. Additionally, due to the current limitation of two events, some organizations are holding additional events without a permit. Authorizing charitable organizations to hold more than two 364 events will allow the Town to regulate these additional events for the safety and welfare of the community. FUNDING/FISCAL IMPACT The Town anticipates that the increase in allowable permits per 12 month period will result in approximately ten to twenty additional permits per year, resulting in an estimated in a$4,600- $9,200 increase in revenues to the General Fund. TOWN ATTORNEY REVIEW This ordinance has been reviewed by the Town Attorney for legal form and sufficiency. Attachments SAO cc: Thomas G. Bradford, Deputy Town Manager John C. Randolph, Town Attorney Jane Struder, Director of Finance Kirk W. Blouin, Director of Public Safety Raychel Houston, Parking Code Enforcement Manager 365 ORDINANCE NO. 21-11 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 78, PEDDLERS AND SOLICITORS, ARTICLE III, CHARITABLE SOLICITATIONS, DIVISION 2, PERMIT, BY ADDING SECTION 78-81, EVIDENCE OF ENGAGING IN CHARITABLE SOLICITATION; AMENDING SECTION 78-106, PERMIT FORM, DURATION, SO AS TO PROVIDE THAT THERE MAY BE FOUR EVENTS DURING A TWELVE MONTH PERIOD OF A PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 78, Peddlers and Solicitors; Article III, Charitable Solicitations, to add Section 78-81, Evidence of engaging in charitable solicitation, to read as follows: Sec. 78-81. Evidence of engaqinq in charitable solicitation. A charitable solicitation permit shall be required to cover each and every solicitation of funds for charitable purposes, within the municipal limits of the Town of Palm Beach, advertised by sign, flyer, newspaper, magazine, e-mail, website or otherwise; any such sign, flyer, newspaper, magazine, e-mail, website or other advertisement shall be considered evidence of engaqinq in the solicitation of funds for charitable purposes. Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 78, Peddlers and Solicitors; Article III, Charitable Solicitations Section 78-106, Permit form, duration, to read as follows: Page 1 of 3 Ordinance No. 21-11 366 Sec. 78-106. Permit form, duration. Permits issued under this article shall bear the name and address of the person by whom the solicitation is to be made, the number of the permit, the date issued, the dates within which the permit holder may solicit, and a statement that the permit does not constitute an endorsement by the town or the town council of the purpose of, or the person conducting the solicitation. All permits shall be signed by the town clerk and shall be in effect for the time stated thereon, but in no event shall the permit be valid beyond 12 months from the date of issuance, and in no event shall the permits be valid for more than Mefour events during the 12 month period from the date of issuance. This limitation shall not apply to organizations which receive financial support from the town through its budgeting process. Section 3. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Page 2of3 Ordinance No. 21-11 367 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 9th day of August, 2011, and for second and final reading on this 13th day of September, 2011. Gail L. Coniglio, Mayor David A. Rosow, Council President Robert Wildrick, Council President Pro Tern William J. Diamond, Council Member Richard M. Kleid, Council Member Susan A. Owens, MMC, Town Clerk Michael J. Pucillo, Council Member Page 3of3 Ordinance No. 21-11 368 TOWN OF PALM BEACH Town Council Meeting on: August 9, 2011 Section of A eg nda Ordinances - First Reading Agenda Title ORDINANCE NO. 22-11An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 70, Relating to Offenses by Rescinding Sections 70-6, 70-7, and 70-9; Amending Chapter 106, Relating to Streets, Sidewalks, and Other Public Places, at Article VI, Parades, Sections 106-192 and 106-219, So as to Delete All References to the Regulation of Firearms; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. Presenter John C. Randolph, Town Attorney Supporting Documents • Memorandum dated July 21, 2011, from John C. Randolph • Ordinance No. 21-11 369 TOWN OF PALM BEACH Information for Town Council Meeting on: August 9, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: John C. Randolph, Town Attorney Re: Ordinance No. 22-11 Rescinding Regulations Relating to the Regulation of Firearms Date: July 21, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council adopt on first reading Ordinance No. 22-11, which ordinance rescinds Town regulations relating to the regulation of firearms. GENERAL INFORMATION The State of Florida during the 2011 Legislative session changed various laws relating to local regulation of firearms and ammunition. These laws strengthen the current State preemptions with regard to the regulation of firearms and provide civil penalties for governments, elected officials and employees who attempt to regulate firearms or ammunition in violation of the preemption. Chief Blouin has advised that his officers have been instructed not to use Town ordinances in regard to any firearm related incidents but, instead, to use State law. He further advised that to his knowledge the Town has never utilized the current ordinances for enforcement of these types of incidents. Based on the legislation we have prepared Ordinance No. 22-11, which ordinance rescinds those sections of the Town Code relating to the regulation of firearms so as to fully comply with State law. A copy of the Ordinance is attached. FUNDING/FISCAL IMPACT None. ATTACHMENTS Ordinance No. 22-11 p:\docs\13156\00008\doc\lb77369.doe 370 ORDINANCE NO. 22-11 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 70, RELATING TO OFFENSES, BY RESCINDING SECTIONS 70-6, 70-7 AND 70-9; AMENDING CHAPTER 106, RELATING TO STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, AT ARTICLE VI, PARADES, SECTIONS 106-192 AND 106-219, SO AS TO DELETE ALL REFERENCES TO THE REGULATION OF FIREARMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida legislature has passed House Bill 45, which bill strengthens the State of Florida preemption with regard to the regulation of firearms; and WHEREAS, as a result of said law it is necessary to amend the codes of the Town of Palm Beach relating to the use of firearms so as to rescind any regulation by the Town relating to firearms. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 70, Offenses, by rescinding Section 70-6 in its entirety. Q--. °7(1_ lA/ ra r ® amen ®®®ca�J 4a� elecnle�arsvax Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 70, Offenses, by rescinding Section 70-7 in its entirety. 371 Qua^ 7117 3 f H. a P96 1OR area' c11 HR@161".8—t rvI Silr9cl-11rvt >nrltF,lr tt�lc tve®nere Section 3. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 70, Offenses, by rescinding Section 70-9 in its entirety. Qa °7i1_0 m� gym®®mac �e ®ae ®®ram 9 a gInc s rvnllGt evI IRS OF aer ray sac Section 4. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 106, Streets, Sidewalks and Other Public Places; Article VI, Parades; Section 106-192, Public Conduct During Parades, to read as follows: "Sec. 106-192. Public conduct during parades. (a) Interference. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person in a parade. (b) Driving through parades. No driver of a vehicle shall drive between persons comprising a parade when such persons are in motion and are conspicuously designated as a parade. (c) Parking on parade route. The chief of police shall have the authority, when reasonably necessary to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The chief of police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. (d) Objects readily wielded as a weapon. (1) The carrying by any person of any object that might readily be wielded as a weapon is prohibited within 300 yards of any parade. Such objects shall include but not be limited to, any pole or stick or greater than three-quarters inch in diameter, object with sharpened edges or points, dirk, metallic knuckles, slingshot, billie, tGaF gas gUR, chemical weapon or Ordinance No.22-11 Page 2 of 5 372 device, sword, sword cane, #FeaR R—, or electric weapon or device. (2) The carrying or possession by any person of any object constructed of any object that standing alone would be in violation of this article is prohibited within 300 yards of any parade." Section 5. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 106, Streets, Sidewalks and Other Public Places; Article VI, Parades; Section 106-218, Regulation of Time, Place and Manner of Parade, to read as follows: "Sec. 106-218. Regulation of time, place and manner of parade. The following time, place, and manner regulations are to apply to all parades held within the town. (1) Parades shall take place within the parade routes designated herein and described in the exhibit on file in the office of the town clerk. (2) No animal-drawn or motorized vehicles shall be permitted within a parade. (3) Parades shall only be held between the hours of 9:00 a.m. and sunset, and only upon Sundays, or national holidays recognized by the federal government. (4) There shall be held within the town no more than one parade on any given day, with priority for any particular day to be granted to the first person to submit a completed application designating that day. (5) The maximum total duration of each parade and the assembly thereof shall be two hours. (6) Parades shall be no more than one-quarter mile in length from starting point to termination point. (7) The granting of a parade permit under this article shall not require the complete blockading of streets or intersections to Ordinance No.22-11 Page 3 of 5 373 vehicular traffic, and the town shall be empowered to apportion such streets and intersections for simultaneous use by parade participants and vehicular traffic. (8) The carrying or possession by any parade participant of any object that might readily be wielded as a weapon is prohibited within 300 yards of any parade. Such objects shall include, but not be limited to, any pole or stick of greater than three-quarter inch sharpened edge or point, dirk, metallic knuckles, slingshot, Billie, A , chemical weapon or device, sword, sword cane, #F or electric weapon or device. (9) The carrying or possession by any parade participant of any object constructed of any object that standing alone would be in violation of this article is prohibited within 300 yards of any parade. (10) Nothing herein shall preclude picketing or demonstrations on the public streets, sidewalks or parks of the town, which is otherwise permitted by state and federal law, so long as the picketing or demonstration otherwise complies with all town ordinances and the picketers or demonstrators are situated in a manner so as not to obstruct, impede, hinder or otherwise interfere with the orderly movement of pedestrian or vehicular traffic." Section 6. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 7. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Ordinance No.22-11 Page 4 of 5 374 Section 8. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 9. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 9th day of August, 2011, and for second and final reading on this day of , 2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Town Council President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan Owens, Town Clerk Michael J. Pucillo, Town Council Member p:\docs\13156\00008\doc\1 b72960.doc Ordinance No.22-11 Page 5 of 5 375 The Law Offices of BRETON, LYNCH, EUBANI S & SUAREZ-MURIAS, P.A. Peter L.Breton 1209 North Olive Avenue Francis X.J.Lynch www.blesiulaw.coin West Palm Beach,FL 33401-3515 John R.Eubanks,Jr. Sender's Direct Line: (561)721-4002 Phone: (561)721-4000 Marta M. Suarez-Murias E-Mail: jeubanks @blesmlaw.com Facsimile: (561)721-4001 Robert J. Sniffen- Of Counsel Ronald Witkowski—Of Counsel August 5, 2011 Via E-mail and U. S. Mail Honorable Gail Coni lio Mayor and g � Y j Town Council of Town of Palm Beach 360 South County Road Palm Beach, Florida 33480 Re: Amendment of 2006 FDEP Agreement to Reduce Public Parking on Clarice Avenue and "Sea" Streets Dear Mayor and Town Council: i i As you know,our office represents Pamela and Wayne Garrison(the"Garrisons")the owners j of that home located at the corner of Seaspray Avenue and South Ocean Boulevard . The Garrisons have been(and remain)strong supporters of the placement of public restrooms at Mid-Town Beach. Such facilities would: a) address public health concerns; b) obviate the need for public parking on Clarke Avenue or any of the "Sea" streets; and c) and increase the Town's shoreline eligibility determination, ultimately resulting in increased funding to the Town. At the same time,regardless of the whether the Town chooses to install public restrooms at Mid-Town Beach,` the Garrisons would urge that the Town take immediate action to negotiate a simple Amendment to the 2006 Agreement(Agreement No.: 06PB4 as Amended)with the Florida Department of Environmental Protection ("DEP") which would recognize the eligibility of the Breakers' shoreline,while at the same time reducing the number of required public parking spaces in the vicinity of the Clarke Avenue Beach from the present twenty-five (25) to the seven (7) required under the applicable codes. Such an Amendment would go a long way to addressing the concerns of the residents of Clarke Avenue and the"Sea"streets,and returning a sense of safety and community to their neighborhood. Arguably,the Town should pursue an Amendment of the 2006 Agreement,reducing parking and providing full credit for the Breakers' shoreline,even prior to addressing,much less finalizing,any decision regarding restrooms at Mid-Town Beach in order to avoid even the possibility of any decision by the Town Council regarding the restrooms adversely affecting negotiations with the DEP,which by way of correspondence dated July 15,2011 has expressed its"support for the installation of public restrooms at Mid-Town Beach." RECEIVED 2011 AUG 9 10;05 TM CLERK Mayor and Town Council August 5,2011 Page 2 Amendment to 2006 Agreement As set forth in further detail within my correspondence dated June 17,2011,a copy of which is attached hereto as Exhibit "A," clearly both the Town and the DEP miscalculated the required number of public parking spaces in the Clark Avenue neighborhood within the 2006 Agreement,and Exhibit B-1 thereto, by overlooking the eligibility of the Breakers' shoreline under the "public lodging" provisions of§62B-36.007(1)(b) of the Administrative Code.' With the eligibility of the Breakers' shoreline, the Town was only obligated to provide seven (7)parking spaces (not 25) in the vicinity of the Clarice Avenue beach, to extend the Town's eligibility north of the beach to the Breakers beachfront. As a result, it would seem that a simple, straight forward Amendment to the 2006 Agreement which recognizes the Breakers' shoreline eligibility and reduces the required parking in the Clarke Avenue vicinity would resolve a public controversy which has been ongoing unnecessarily for several years. Distinguishable Arguments i Unfortunately, in raising the potential for such an Amendment, Staff has run into various counter-arguments from the DEP which originally made it come to the preliminary conclusion that "the Town does currently have an obligation to maintain 25 public parking spaces for the Clarke beach access for a period of 10 years (until December 2019)." Clearly, neither the Town nor the residents of Clarke Avenue and the "Sea" streets can afford to allow the discord created by the present parking situation to continue for another eight (8) years. Fortunately, when examined closely, each of the arguments raised by the DEP are distinguishable. The primary argument raised by the DEP is that it will not allow the 2006 Agreement to be amended at this point because it has expired. To support its position,the DEP points to the language in the most recent 2009 Amendment which indicates that"[t]his Agreement shall begin on the last date executed and end on December 31,2010." Consequently,they claim that the 2006 Agreement, even as Amended, has expired and cannot be amended. This is not the case for several reasons. First, the 2006 Agreement, even after its expiration, can be re-opened, extended and amended"nunc pro-tunc"(literally"now for then")as if the terms were always included in the 2006 Agreement. Given that the terms of the 2006 Agreement are controlled by the parties, the parties are free to amend any term they desire, including, but not limited to, the expiration, extension, or reinstatement of the 2006 Agreement. i 'Not only has Staff now recognized this oversight,but in fact,as set forth within the Town Staff Recommendations for last month's Town Council meeting,Staff admits that the inclusion of the Breakers' property alone raises the eligibility determination for state funding participation from the DEP from 72.36%to 85%,thereby resulting in significant additional funds due the Town. Mayor and Town Council August 5, 2011 Page 3 Second, on its face, the Town's agreement to the provision of public beach access and parking has not expired. Within the 2006 Agreement, the Town agreed to provide "public beach access sites and public parking spaces,as identified in Attachment B ... for beach use throughout the j life of the Project." The life of the Project is in turn defined as ten (10) years from the date of the Agreement or any amendment. As such, regardless of whether any other terms of the 2006 Agreement have expired, clearly the issue of continued beach access and public parking has not. Consequently, the number of required public spaces contained within Attachment B-1 can still be re-negotiated during the"life of the Project."3 Third,it appears clear that the number of public parking spaces identified by the Town within Exhibit B-1 to the 2006 Agreement was the result of the"mutual mistake"by both the Town and the DEP due to the failure to include the Breakers'beachfront within the shoreline eligibility calculation. As such,the Town believed that it needed 25 parking spaces to maximize its eligibility,rather than only the 7 spaces needed to bridge the gap between Clarke Avenue beach and the Breakers'property. Under such instances of"mutual mistake" an agreement between the parties, such as the 2006 Agreement, may be modified or even rescinded. The other major argument raised against an Amendment,is that the parking spaces set forth in Exhibit"B"to the 2006 Agreement were somehow not a"mistake,"but merely represented prior existing conditions.' Such is not the case. Clearly Mid-Town Municipal Park has well in excess of 98 public parking spaces. Likewise,Clarke Avenue had approximately 34 spaces (not 25)at the time of the execution of the 2006 Agreement,and there were not then(or now)9 spaces in existence on Wells Circle as it is a private road.Instead,as shown more clearly in the Eligibility Determination (attached hereto as Exhibit"B"), clearly the number of parking spaces in Exhibit B-Iwere directly I utilized in the Town's calculations of shoreline eligibility under the 2006 Agreement, with the 25 spaces near Clarke Avenue used to extend the Town's eligibility to the North to include portions of the Breaker's shoreline which was already eligible. As such, once again, it appears the Town was mistaken in its calculation, thereby further supporting the need for an Amendment to the 2006 i Agreement. i Conclusion In the end,while the Garrisons continue to support the addition of public restrooms at Mid- Town Beach, at the same time it would seem to be in the best interest of the Town as well as the residents of Clarke Avenue and the"Sea"streets to immediately obtain a simple Amendment to the 3 The fact that the public access and parking issues have clearly not expired is further demonstrated by the "payback"provisions included within the 2006 Agreement which clearly the DEP would attempt to enforce if all public parking was removed. 'Much of the confusion regarding the calculation of the eligible shoreline and the basis for Exhibit"B"can be traced to the former Coastal Coordinator for the Town Sandra Tate is no longer with the Town. Mayor and Town Council August 5, 2011 Page 4 2006 Agreement with the FDEP which would recognize the inclusion of the Breakers' beachfront within the Town's shoreline eligibility calculation,and reduce the required number of public parking spaces in the Clarke Avenue Beach vicinity from the current twenty-five (25)to the appropriate seven(7)spaces,four(4)of which already exist on Barton Avenue and three(3)of which could be placed on the middle block of Clarke Avenue, which has traditionally always had public parking. This is especially true given that, as demonstrated, the arguments against such an Amendment do not withstand scrutiny. Very truly yours, i i 4.6R Eubanks, Jr. cc: Wayne and Pamela Garrison Peter Elwell, Town Manager John C. "Skip" Randolph, Esq., Town Attorney own Clerk I I I i i ii i i -v " XHI I The Law Offices of "TON, LYNCH, Eu-BANKs & SUAREZ° , P.A. Peter L.Breton 1209 North Olive Avenue Francis X.J.Lynch www.blesmlaw.com West Palm Beach, FL 33401-3515 John R.Eubanks,Jr. Sender's Direct Line: (561)721-4002 Phone: (561)721-4000 Marta M.Suarez-Murias E-Mail: jeubanks @blesmlaw.com Facsimile: (561)721-4001 Robert J.Sniffen- Of Counsel Ronald Witkowski—Of Counsel June 17, 2011 Via E-mail and U. S. Mail Honorable Gail Coniglio, Mayor and Town Council of Town of Palm Beach 360 South County Road Palm.Beach, Florida 33480 Re: Demand for Removal of Parking on "Sea" Streets Due to Errors in 2006 FDEP Agreement Dear Mayor and Town Council: As you know, our office represents Pamela and Wayne Garrison (the "Garrisons"). The Garrisons are the owners of that home located at 212 South Ocean Boulevard, at the corner of Seaspray Avenue and South Ocean Boulevard("Garrison Home"),as well as that beach front parcel directly to the East of their home ("Beach Parcel"), which is encumbered by a dedicated beach easement. The Garrisons have been (and remain) strong supporters of the placement of a public restroom at Mid-Town Beach, which would obviate the need for public parking on Clark Avenue, or any of the "Sea" streets, and return a sense of safety and community to their neighborhood. Nevertheless,the Town has argued that under its most recent agreement with the Florida Department of Environmental Protection("FDEP")it must provide twenty-five(25)parking spaces in the Clark Avenue neighborhood, and as such(over the objections of the Garrisons and others), has chosen a "share the pain"approach of placing parking spaces on each of the"Sea"streets,including four(4) spaces in front of the Garrison's Home. A thorough reading of the Town's most recent 2006 Agreement with FDEP(DEP Agreement No.: 06PB4 as Amended) including all of the Attachments thereto (collectively, the "2006 Agreement"),however, reveals several startling and glaring issues demonstrating that: A. The Town somehow overlooked a large amount of shoreline along the Breakers' property which should have been included in the funding eligibility percentage under the 2006 Agreement; B. At worst, the Town is only obligated to provide seven (7) or possibly eight (8) parking spaces (not 25!) in the vicinity of the Clark Beach access; and Mayor and Town Council June 17, 2011 Page 2 C. With the simple addition of restrooms at Midtown Beach there would not only be no need for any public parking on Clark Avenue and/or the "Sea" streets, but also the Town would be able to achieve virtually a 100%eligibility reimbursement under the 2006 Agreement. To add insult to injury, while the Town is willing to continue the disruption of the Clark Avenue and "Sea" streets neighborhood (under an incorrect calculation of parking spaces under the 2006 Agreement),by contrast it has chosen to blindly overlook its obligations under the 2006 Agreement to provide public parking on Wells Circle, Dunbar Road, and Atlantic Avenue, as well as refused to create public parking on Sunset Avenue which would provide the Town with significant additional funds. Failure to Include Breaker's Shoreline Eligibility Perhaps the most glaring mistake by the Town in dealing with the 2006 Agreement is the failure to include the Breakers' shoreline eligibility. Attachment"B"to the 2006 Agreement, and "B-1" to the Amendment to the 2006 Agreement (a copy of which is attached), establishes the purported"Areas determined to be publicly accessible." One would assume that Attachment`B-1" represents a well researched and thought out determination by the Town as to every possible foot of shoreline eligible for state reimbursement by the DER However,when matched up to a map of the "Mid-Town Nourishment Project Eligibility"(`Eligibility Map")(a copy of which is also attached) there is a noticeable gaping hole (893.2 to R94.9) in the Eligibility Map fronting the Breakers' property. Under 62B-36.007(1)(b) of the Administrative Code, "public lodging" establishments fronting the beach are eligible for project cost sharing. "Public lodging" is defined under 62B- 36:002(12)as"any public lodging establishment currently licensed by the Department of Business and Professional Regulation in the classification of"hotel","motel"and"resort condominium"with six or more unites and fronting directly on the sandy beach." Clearly, the Breakers meets this definition,yet on the Eligibility Map only a small portion the southernmost portion of the Beakers' beachfront is included in the Eligibility Map (approx R94.8 to R95), not because it is "public lodging," but (as discussed further below) because of the credit for the twenty-five (25) parking spaces agreed to by the Town to be placed on Clark Avenue. As a result, regardless of the issues surrounding the Clark Avenue and"Sea" streets parking, clearly the Town has a fiduciary duty to its taxpayers to go back to the FDEP and get full credit for the eligible Breakers' beachfront which would drastically change the eligibility percentage, and entitle the Town to significant additional funds under the 2006 Agreement. No Need for Public Parking on "Sea" Streets Once the inclusion of the Breakers' shoreline eligibility is understood,it becomes clear that there never was any need at all for twenty-five (25) parking spaces on Clark Avenue or the "Sea" streets under the 2006 Agreement. Instead, it is clear from the Eligibility Map that the Town only Mayor and Town Council June 17, 2011 Page 3 needed to cover a small stretch of shoreline of approximately 350-400 feet North of the Clark Avenue Beach to connect to the Breakers eligible beachfront. Given that under 62B-36.007(1)(c) secondary beach access sites are entitled to additional eligibility(in both directions)"at a rate of 52.8 linear feet per parking space provided,"only 7 to 8 parking spaces(not 25)would have been needed to connect Clark Avenue Beach to the Breakers'eligible beachfront(i.e.7 spaces x 52.8 feet=369.6 feet and 8 spaces x52.8 feet=422.4 feet). Furthermore, such 7 to 8 spaces already existed prior to the 2006 Agreement (i.e. 4 on the ocean block of Barton and 6 on the middle block of Clark Avenue) such that there was never any need to create additional public parking on Clark Avenue much less any of the"Sea" streets. i As a result, it appears clear that the entire saga for the last two years as to where to place public parking for Clark Avenue beach which pitted the neighbors of Clark Avenue and the"Sea" streets against each other could have (and should have) been avoided by the Town merely understanding the eligibility of the Breakers' shoreline and the need for only a few parking spaces to connect Clark Avenue beach to the Breakers' shoreline. Consequently, even if the Town refuses to put restrooms at Mid-Town Beach, the Town should recognize the above flaws, go back to providing a total of 7 or 8 parking spaces in the Clark Avenue area, and immediately remove those parking spaces on the "Sea" streets, including, but not limited to, the 4 in front of the Garrisons' home. While the FDEP may attempt to argue that the Town is"bound"to provide twenty-five(25) spaces under the 2006 Agreement, such is not the case as the FDEP has no right or authority whatsoever to require the Town to provide more public parking spaces than are required by the Code to obtain shoreline eligibility up to the Breakers'property,especially since under 62B-36.007(1)(d) "Eligible shoreline lengths cannot overlap." Advantages of Restroom at Mid-Town Beach In addition to the above revelations, a review of the Eligibility Map also clearly shows the advantage of placing restrooms at Mid-Town Beach. As the Town is aware, by placing restrooms at Mid-Town Beach it would become a"primary beach access"which would be entitled under 62B- 36.007(1)(a) to eligibility for the length of its shore line plus one half mile in either direction (as opposed to the one quarter mile it is presently restricted to). The additional one quarter mile in each direction would not only obviate the need for any public parking at all in the Clark Avenue area,but also would cover the small gap of ineligible beach at the southern end of the Eligibility Map. Furthermore, with the inclusion of the Breakers' frontage as well as the additional eligible shoreline gained from a public restroom at Mid-Town Beach (especially if combined with public parking on Sunset Avenue as discussed below) the Town close in on almost 100% eligibility for State funding, which would represent a huge savings to the Town. Providing public restrooms at Mid-Town Beach would also open the door to additional funds available from the County which has refused to fund projects at Mid-Town Beach in the past due to the lack of public restrooms. Once again, it would appear clear that the Town owes a fiduciary duty to its taxpayers to pursue such an option. Mayor and Town Council June 17,.2011 Page 4 Sunset Avenue Parkin With the inclusion of the Breakers'shoreline and the additional quarter mile in each direction provided by making Mid-Town Beach a"primary beach access"the only thing stopping the Town from reaching virtually 100% of shore line eligibility for reimbursement is one small gap North of Wells Road and a gap on either side of Sunset Avenue near the Sun& Surf condominium. At 52.8 feet per parking space the addition of as few as 4 or 5 public parking spaces on Sunset Avenue would provide sufficient eligibility to the north to link up to the eligible shoreline coming south from Atlantic Avenue,while also providing enough eligibility to the south of Sunset avenue to link up to the Breakers' eligible shoreline,thereby getting the Town ever closer to the goal of 100% eligible for State funding. Unlike Clark Avenue and the "Sea" streets which are purely single family residential streets, Sunset Avenue already consists of a mixture of commercial and high density (condominium) residential uses. As such the addition of 4 or 5 public parking spaces on Sunset Avenue would have no where near the impact as the present disbursement of public parking on Clark Avenue and the"Sea" streets. Unequal Treatment of Neighborhoods c Clearly, each of the above actions would not only bring the Town substantial additional revenues under the 2006 Agreement,but also alleviate the need for public parking on Clark Avenue and the"Sea"streets. To the extent that the Town refuses to take any action to address such glaring shortcomings under the 2006 Agreement, the residents of Clark Avenue and the "Sea Streets" (especially those with parking spaces in front of their homes like the Garrisons) will have a very good cause of action against the Town for selective enforcement and unequal treatment by the Town of their neighborhood under the 2006 Agreement when compared to the neighborhoods to the North. On its face,Attachment`B-1"of the 2006 Agreement establishes that 9 public parking spaces are to be placed on Wells Circle Road, 11 on Dunbar Road and 23 on Atlantic Avenue. Given that the Town Manager, Mr. Elwell has stated publicly that all of the spaces on the "Sea" streets must be located at the eastern most end of the street (rather than being disbursed along the street),you would expect to see all of the spaces on Wells Circle, Barton and Atlantic arranged in the same manner. Instead,a drive through these streets demonstrates that:a) there is only one public parking space on Atlantic in the 100 block, located at the far West end of the block; b)there are no clearly marked (as is required under sectionl 1 of the 2006 Agreement) public parking spaces on Dunbar Road;and c)Wells Circle is a private road,such that there are no spaces at all identified or available for public parking. Furthermore, as discussed above there are no public parking spaces on Sunset Avenue. As a result,outside of the Town being in flagrant violation of the 2006 Agreement, absent clearly identifying and moving all the above available spaces to the eastern most end of the above identified streets and adding parking on Sunset Avenue, the Town is unequally burdening those property owners at the far east end of Clark Avenue and the "Sea" streets when it has clearly established a different pattern of parking disbursement in the northern end of the Town under the same 2006 Agreement. Mayor and Town Council June 17, 2011 Page 5 Conclusion In the end,the Garrisons continue to support the addition of public restrooms at Mid- Town Beach.Not only would such a solution obviate the need for any public parking on their street but it would also provide the Town with substantial additional shoreline eligibility and funds under the 2006 Agreement. In the alternative, even if the Town balks at such a rational solution, clearly only 7 to 8 parking spaces should be required in the Clark Avenue neighborhood, which spaces already exist on Barton and the middle block of Clark Avenue, to comply with the 2006 Agreement. In either event, there is clearly no need for, and the Garrisons demand the immediate removal of, the 4 public parking spaces presently in front of their home. I Very truly yours, I o R. Eubanks, J . cc: Wayne and Pamela Garrison Peter Elwell, Town Manager John C. "Skip"Randolph, Esq., Town Attorney ATTACHMENT B-I FUNDING ELIGIBILITY MID-TOWN BEACH NOURISHMENT Project Boundary: R90.4 TO R101.4. Approximate Shoreline Length: L2,880 FEET Public Access Parking Spaces Wells Circle Road 9 .Dunbar Road 11 Atlantic Avenue 23 Sunset Avenue 0. Clark Avenue Public Park 25 Midtown.Municipal Park, 98 Areas determined to be publicly accessible: 890.5 to R92.7 R93 894.8 to R 1'00.5 Total eligible shoreline length 9,320 FEET Total project shoreline length: 12,880 FEET Percent eligible for State funding. 72.36 PERCENT I DEP Agreement No, 06PB4, Amendment No.1,Attachment B-1,Page 1 of 1 .�t� l4� U 17 f ss Yro E ,4y tti fi T i" F F c : i d MR 5? rl,� Y- t y� _r O} lm si,,AA, aSm'x'pta tlr w 37a gz 4 s �y �4 �''9"t t t rz tai ,,TT'� "• a _ - - L w� 'i t �.r5 S - .>• u :i� az.`'•.x;pzxgt s.. t^ },{� �}t":�l-i�7� •.: �i f{$1��� {tom °q(aa"SMa {� Al gYp E 's 'C" rY '" p tx4 w�7'`k t E f 1' Y-fi Will",fit'crssr�Sry �m'"^,v ¢ Se 3jic 7 (t T 7'F � kJ e� `,1` 'a.' "•^ G dh S4- 3 7 d ast - `'^ t bra a F�� , • c rtt i��}.c Yi�a' � E ab c.iJ1�l*A3e "ft "`7.v • y,zi,-+, y� £ ;[ 's`� 77c.�''f •�i "c , c� O�.Fr: ,,p7 i2tK-C 7K+7.,—i• $,r,.; "i.... f7 k r r t ...ap M. iax a 4 `-i F �F� Y i .`•' v7-3� s a t s r n .. ul T p.tat gp 9y la�''s_�4 S�a��yyi�. i�u}'. �✓s�i z:J .ty�ti!a{ �� '...' aMr ,t_ MR,_. 1 i w t .,...�-„mow.,..,,.•__.:s:.,� ._ - �9 T�>Fa” 73 : OR .W� P a � P. N'r 4`� f h i I X -Bi Mid-Town uri h nt Project 1 Eligibility Determination Mid•Tovn Nourishment Prod(1390A.R101.4) r _ ApproAmate Shore Line Length(Feed 12,880 P4blic Access Points Number of Bigible Shoreline Parking maces Length(Feet) Wells Circle 9 495 _.. -. Dunbar Road 11 607 + Afla ntlo Avenue 23 1,238 Sunset Avenue 0 45 Clark Awenue Publio Park 25 1,978 Mdtovn Wniapal Park 98 z Total Eligble,Shoreline length 9,320 Total Projed shoreline length 12,880 Percent Eli iblefor State Funding 7236% Old Eligibility o yt* tP i New Eligibility -o Legend a l:f t A ! 4' { x Mid-Town i Project PublicAccess t� k 33f I h . d 2,400 11200 0 2,400 41470 f MIMIEM_ Feet JAMES Ike GREEN, P.A. LAWYERS SUITE 1650, ESPERANTE' 222 LAKEVIEW AVENUE '.. WEST PALM BEACH, FLORIDA 33401 561.659.2029 ',.. JAMES K. GREEN FACSIMILE 561.655,1357 I August 8, 2011 By E-Mail to:jandolph d jones-foster,com John C. Randolph, Esq. Jones Foster Johnston& Stubbs 505 South Flagler Drive ..Suite 1100 West Palm Beach, FL 33402-3475 Re: Ordinances Prohibiting Commercial or Quasi-Commercial Film-Making or Movie Producing in the Town of Palm Beach Dear Skip: I represent Flashfire Productions, LLC ("Flashfire") which has applied for a permit to film a feature film next month on public roads in residential areas of the Town, and at a private residence in the Town and at Mar-A-Lago, both with the permission of the owners. Flashfire's proposed filming is an artistic endeavor by renowned filmmakers Stratton Leopold and Taylor Hackford who have been involved in many films as producer or director including the General's Daughter, La Bamba, Bound by Honor, An Officer and a Gentleman, Ray, and the Devil's Advocate. A literal reading of Town Ordinances Sections 134-839, 889, 944, 999, and 1054 suggests that this proposed filming would be banned. For the reasons set forth below, I respectfully urge the Town to declare a moratorium on enforcement of these ordinances for 90 days to allow further study of the constitutionality of these stale ordinances and, in the meantime, to allow the requested filming to proceed. II More than 20 years ago, before the current bans were enacted, you and your law firm correctly advised the Town: As you know, First Amendment rights are among the most closely guarded constitutional guarantees. Further,, liberty of speech and expression clearly encompasses motion pictures. Erzonik v, Jacksonville, 422 U.S. 205 (1975). While most cases involving films discuss the distribution, dissemination or exhibition of movies, these issues would become moot if production were not also protected. First Amendment protections generally encompass activities associated with the communication of ideas. . . Memorandum from Tim Monaghan to Skip Randolph dated November 10, 1988. A. Artistic film-making is neither "commercial" nor "quasi-commercial" speech under the First Amendment. As the United States Supreme Court stated in City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410 (1993): We begin with several propositions that already are settled or beyond serious dispute. It is clear, for example, that speech does not lose its First Amendment protection because money is spent to project it, as in a paid advertisement of one form or another. ...Speech likewise is protected even though it is carried in a form that is `sold' for profit, ... Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501 (1952) (motion pictures) . . . i Id. at 420 (citations omitted). While the Town might be able to ban or severely restrict commercial advertising in private residences because it is commercial speech and therefore entitled to a lesser degree of First Amendment protection, it cannot ban filming for artistic expression such as that proposed by Flashfire merely because the film will be sold on cable or distributed to movie theaters or other mediums because filming for artistic expression is entitled to full protection of the First Amendment. See discussion below. I B. The ban of filming on streets in residential zones is plainly unconstitutional. Under the First Amendment to the United States Constitution, Flashfire has a fundamental i right to engage in free expression on public streets, sidewalks and parks. United States v. Grace, 461 U.S. 171, 177 (1983) (stating that "`public places' historically associated with the free exercise of expressive activities, such as streets, sidewalks, and parks, are considered, without more, to be `public forums"'); Hague v. Comm. for Indus. Org., 307 U.S. 496, 515 (1939) (indicating that streets and parks "have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions");,Naturist Society, Inc. v. Fillyaw, 958 F.2d 1515, 1522 (11th Cir. 1992)(even a public beach is a public forum). The ban of filming on streets in residential zones is plainly unconstitutional. See Frisby v. Schultz, 487 U.S. 474, 480 (1988) (noting that "a public street does not lose its status as a traditional public forum simply because it runs through a residential neighborhood"). C. The ban of filming in private residences is unconstitutional where the owner consents to the filming. Flashfire wants to film at a private residence on Indian Road. It has submitted a letter from the owner consenting to the filming. While the Town can ban targeted residential picketing of a particular residence, Frisby, supra, it can do so only because of the "devastating effect of targeted picketing on the quiet enjoyment of the home," and noted that the target is "figuratively, and perhaps literally, trapped within the home ... with no ready means of avoiding the unwanted speech." Frisby, 487 U.S. at 486-87. Here, because the owners have consented to such filming, no such privacy concerns are at stake. !I Skip, you advised me that 25-30 years ago a film maker challenged the Town's then- prohibition against filming at the Flagler Museum, a residentially-zoned location, and a Florida state court judge upheld the Town's ban. While I have not seen that decision, I question its precedential value in federal court because First Amendment protections for artists and homeowners have expanded dramatically in the past 25 years. See, e.g., Celli v. City of St. Augustine, 214 F.Supp.2d 1255, 1258-59 (M.D. Fla. 2000); Bery v. City of New York, 97 F.3d 689, 696 (2d Cir.1996) ("[P]aintings, photographs, prints and sculptures . . . always communicate some idea or concept to those who view it, and as such are entitled to full First Amendment protection."); ETW Corp. v. Xreh Pub., Inc., 332 F.3d 915, 924 (6th Cir.2003) (holding that "[t]he protection of the First Amendment . . . includes pictures, films, photographs, paintings, drawings, engravings, prints, and sculptures"); Lederman v. Giuliani, 2001 WL 902591 (S.D. N.Y. 2001),judgment affd, 70 Fed, Appx. 39 (2d Cir. 2003) (artwork entitled to same protection as written material, citing Bery v. City of New York, 97 F.3d 689 (2d Cir. 1996)); Cernuda v. Heavey, 720 F. Stipp. 1544 (S.D. Fla. 1989) (government concedes artwork has First Amendment protection); Finley v. National Endowment for the Arts, 795 F. Supp. 1457 (C.D. Cal. 1992), affd, 100 F.3d 671 (9th Cir. 1996), rev'd on other grounds, 524 U.S. 569 (1998) ("Artistic expression ... is at the core of a democratic society's cultural and political vitality."). See also, City of Ladue v. Gilleo, 512 U.S. 43 (1994) (ordinance banning residential signs except for identification, security, or real estate signs unconstitutional). i D. Conclusion Because the "loss of First Amendment freedoms, even for minimal periods of time, unquestionably constitutes irreparable injury," Elrod v. Burns, 427 U.S. 347, 1373-74 (1976), I respectfully urge the Town to declare a moratorium on enforcement of these ordinances for 90 days to allow further study of the constitutionality of these stale ordinances and allow the requested filming to proceed. nc rely ames K. Green By Hand Delivery Mayor Gail Coniglio Honorable David A. Rosow Honorable William J. Diamond Honorable Richard M. Kleid Honorable Robert N. Wildrick Honorable Michael J. Pucillo c/o John C. Randolph, Esq. Jones Foster Johnston & Stubbs 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33402-3475 TUESDAY,AUGUST 9, 2011, TOWN COUNCIL MEETING "APPROVAL OF AGENDA" INFORMATION SHEET X. REGULAR AGENDA A. Old Business I Parking Matters a. Merchants' Recommendations for Worth Avenue. TIME CERTAIN: 10:30 A.M. Request for Deferral to the September 13, 2011, Town Council Meeting Per E-Mail Dated August 8, 2011, From Harvey Oyer, Shutts and Bowen. Rae 4 TIME CERTAIN B. New Business 2. Planning, Zoning, and Building Department Internal Audit Report. [Robert N. Wildrick, President Pro Tem] TIME CERTAIN: 10:00 A.M. Pae 6 5. Worth Avenue Association's Request for Permission to Hold "Fashion's Night Out" Commercial District Event in Hibiscus Plaza. [Thomas G. Bradford, Deputy Town Manager] TIME CERTAIN: 10:45 A.M. Pne 6 ARE THERE ANY OTHER CHANGES TO THE AGENDA?