2011-12-13 BACKUP Town Council ° 4 � 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,DECEMBER 13, 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
A. The Honorable Susan Bucher, Supervisor of Elections
B. Recognition of Town Employee of the Year and of the Palm Beach Civic
Association and The Citizens' Association of Palm Beach for Their
Sponsorship of This Award.
C. Presentations by Applicants for Shore Protection Board
(Three Minute Limit, Please.)
Post Office Box 2029-360 South County Road-Palm Beach,FL 33480
Telephone(561)838-5410-Facsimile(561)838-5411
E-mail:townmana2er(a�,townofpalmbeach.com-Website:www.townofpalmbeach.com
12/13/11,Town Council Meeting
1
IV. COMMENTS OF MAYOR GAIL L. CONIGLIO
V. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER
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: NOVEMBER 8. 2011 Page 10
APPROVAL OF THE MINUTES OF THE TOWN COUNCIL
MEETING
B. MINUTES: NOVEMBER 8. 2011 Page 25
APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL
MEETING-CLOSED-DOOR SESSION-2842 S. Ocean, LLC (Formerly
Captioned as STABFUND (USA) INC.)vs CSC PB LIMITED
PARTNERSHIP, et al
C. MINUTES: NOVEMBER 9. 2011 Page 28
APPROVAL OF THE MINUTES OF THE TOWN COUNCIL
MEETING
D. APPROVAL OF MAJOR MATTERS CONSIDERED BY THE Page 38
ARCHITECTURAL COMMISSION AT ITS MEETING ON
NOVEMBER 18, 2011.
E. RESOLUTIONS
1. RESOLUTION NO. 154-2011 A Resolution of the Town Council Page 51
of the Town of Palm Beach, Palm Beach County, Florida,
Establishing a Revised Design Phase Budget of$25,500 and
Authorizing an Increase to the Purchase Order in the Amount of
$3,500 for the Public Works Addition Design Services, an
Accelerated Capital Project for the Town of Palm Beach.
[H. Paul Brazil, Director of Public Works]
12/13/11,Town Council Meeting 2
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2. RESOLUTION NO. 157-2011 A Resolution of the Town Council Page 60
of the Town of Palm Beach, Palm Beach County, Florida,
Approving a Professional Service Agreement with Brannon &
Gillespie, LLC and Keshavarz& Associates, Inc. for Underground
Utilities Engineering and Project Management Services and
Authorizing the Town Manager to Execute the Professional
Service Agreements on Behalf of the Town.
[Thomas G. Bradford, Deputy Town Manager]
3. RESOLUTION NO. 160-2011 A Resolution of the Town Council Page 103
of the Town of Palm Beach, Palm Beach County, Florida,
Awarding a Contract Extension to Lopez Group, Inc., in the
Amount of$144,549 and Establishing a Budget of$148,884.
[H. Paul Brazil, Director of Public Works]
4. RESOLUTION NO. 166-2011 A Resolution of the Town Council Page 106
of the Town of Palm Beach, Palm Beach County, Florida,
Awarding a Contract to GSky Plant Systems Inc., in the Amount of
$25,760 and Establishing a Project Budget of$30,000 for the
Maintenance of the Living Wall on Worth Avenue.
[H. Paul Brazil, Director of Public Works]
F. OTHER
1. Approval of Standard Financial Statement Analysis for RFQ/RFP Page 124
Vendor Review Process. [Jane Struder, Director of Finance]
2. Authorization to Fill Trash Bureau Supervisor Position. Page 129
[H. Paul Brazil, Director of Public Works]
3. Rejection of All Bids for Public Works Building Addition. Page 131
[H. Paul Brazil, Director of Public Works]
IX. PUBLIC HEARING
A. RESOLUTION NO. 161-2011 A Resolution of the Town Council of the Page 133
Town of Palm Beach, Palm Beach County, Florida, Electing to Use the
Uniform Method of Levy, Collection and Enforcement of Non-Ad
Valorem Assessments Levied Within a Portion of the Incorporated Area
of the Town Constituting the Via Fontana Underground Utilities
Assessment Area; Stating the Need for Such Levy; Providing for the
Mailing of this Resolution; and Providing an Effective Date.
[Thomas G. Bradford, Deputy Town Manager]
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B. RESOLUTION NO. 162-2011 A Resolution of the Town Council of the Page 143
Town of Palm Beach, Palm Beach County, Florida, Providing for the
Removal of a Historic or Specimen Tree from a Property Located Within
the Town of Palm Beach; and Adding Newly Designated Historic or
Specimen Trees; Providing for the Recording of Said De-Designations and
Designations; and Providing That a Copy of this Resolution Be Recorded
in the Public Records of Palm Beach County, Florida.
[H. Paul Brazil, Director of Public Works]
X. BOARD/COMMISSION ANNUAL REPORT
A. Shore Protection Board. [E. Llwyd Ecclestone, Chair] Page 156
XI. REGULAR AGENDA
A. Old Business
None
B. New Business
1. Consideration of Scheduling an Attorney/Client Session Regarding
2842 S. Ocean. LLC (Formerly Captioned as STABFUND (USA)
INC.)vs CSC PB LIMITED PARTNERSHIP, et al Case No. 50
2011 CA 0183336XXX MB AB, in the Fifteenth Judicial Circuit
in and for Palm Beach County, Florida, 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 John C.
Randolph; and Court Reporter from Ley & Marsaa Court
Reporters, Inc. [John C. Randolph, Town Attorney]
2. Flagler Memorial Bridge Construction Update. Page 162
[Ryan Hamrick, P.E., Project Manager, PCL Civil Constructors,
Inc.]
TIME CERTAIN: 10:30 A.M.
3. Planned Trial Elimination of the Turnaround in the Median of
Royal Poinciana. [Robert N. Wildrick, President Pro Tem]
12/13/11,Town Council Meeting 4
4
4. RESOLUTION NO. 167-2011 A Resolution of the Town Council Page 164
of the Town of Palm Beach, Palm Beach County, Florida,
Authorizing Payment to the Municipal Public Safety
Communications Consortium (MPSCC) of Palm Beach County.
[Kirk W. Blouin, Director of Public Safety]
Page 172
5. Review of Suggestions Received During the Workshop on
November 9, 2011, to Increase Revenue and/or Improve Parking
Enforcement. [David A. Rosow, Town Council President]
6. Appointment of Town Manager Pursuant to Section 4.02(b) of the Page 175
Town Charter. [Peter B. Elwell, Town Manager]
7. Shore Protection Board Appointments. Page 177
[Peter B. Elwell, Town Manager]
XII. ORDINANCES
A. Second Reading
None
B. First Reading
1. ORDINANCE NO. 32-2011 An Ordinance of the Town Council of Page 182
the Town of Palm Beach, Palm Beach County, Florida, Amending
the Town Code of Ordinances at Chapter 42, Environment; Article
II, Conditions on Private Property; Division 3, Unsightly, Unsafe
or Unsanitary Conditions; at Section 42-86, Making it Unlawful
and Constituting a Nuisance for Any Person Owning Land with the
Town to Have or Permit Thereon Any Dead, Dying or Defoliated
Hedges or Trees Which Can Be Viewed from Public Works
Rights-of-way or Adjoining Properties; Providing for Severability;
Providing for Repeal or Ordinances in Conflict; Providing for
Codification; Providing an Effective Date.
[John C. Randolph, Town Attorney]
TIME CERTAIN: 11:00 A.M.
12/13/11,Town Council Meeting 5
5
2. ORDINANCE NO. 33-2011 An Ordinance of the Town Council of Page 205
the Town of Palm Beach, Palm Beach County, Florida, Amending
Chapter 46 of the Town of Palm Beach Code of Ordinances, Fire
Prevention and Protection, at Article III, Fire Prevention Code,
Section 46-66, Codes Adopted; Copies on File, by Adopting by
Reference Florida Administrative Code Chapter 69a-60, the
Florida Fire Prevention Code, with Local Amendments Including
NFPA 1, the Fire Code, Florida 2009 Edition, and NFPA 101, the
Life Safety Code, Florida 2009 Edition; Providing for Severability;
Repealing All Ordinances or Parts of Ordinances in Conflict
Herewith; Providing for Codification; and Providing for an
Effective Date. [Kirk W. Blouin, Director of Public Safety]
XIIL ANY OTHER MATTERS
XIV. ADJOURNMENT
12/13/11,Town Council Meeting 6
6
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.townofpalmbeach.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 sunimary 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.
12/13/11,Town Council Meeting 7
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Town of Palm Beach 1217/11
Meeting Schedule
Tue 12/13/2011 09:30 AM Town Council Meeting Council Chambers
Wed 12/14/2011 09:30 AM Town Council Meeting - Development Review Council Chambers
Thu 12/15/2011 09:00 AM Public Employees Relations Commission (PERC) Council Chambers
Thu 12/15/2011 02;00 PM Code Enforcement Board Meeting Council Chambers
Fri 12116/2011 09:00 AM Architectural Commission Meeting Council Chambers
Mon 12/19/2011 09:30 AM County Budget Task Force Meeting Council Chambers
Wed 12121/201109:30 AM Landmarks Preservation Commission Meeting Council Chambers
Fri 12/2312011 04:00 AM CHRISTMAS EVE (observed) TOWN HALL CLOSED
Mon 12/26/2011 04:00 AM CHRISTMAS (observed) TOWN HALL CLOSED
Fri 12130/2011 04:00 AM NEW YEAR'S EVE (Observed) TOWN HALL CLOSED
Mon 01/0212012 04:00 AM NEW YEAR'S DAY (Observed) TOWN HALL CLOSED
Tue 01103/2012 0&00 PM, Town Caucus Council Chambers
Wed 01/04/2012 09:00 AM Recreation Advisory Commission Meeting Council Chambers
Fri 0110612012 09:30 AM Special Town Council Meeting to Call the Election Council Chambers 8
Tue 01/10/2012 09:30 AM Town Council Meeting Council Chambers
Wed 01111/2012 09:30 AM Town Council Meeting-Development Review Matters Council Chambers
Thu 01/12/2012 01:00 PM Administrative and Personnel Committee Meeting Council Chambers
re: Jason Weeks
Mon 01/16/2012 04:00 AM MARTIN LUTHER KING, JR DAY TOWN HALL CLOSED
Tue 01/17/2012 09:30 AM Planning and Zoning Commission Meeting Council Chambers
Wed 01/18/2012 09:00 AM Landmarks Preservation Commission Meeting Council Chambers
Thu 01/19/2012 02:00 PM Code Enforcement Board Meeting Council Chambers
Wed 01/25/2012 09:00 AM Architectural Commission Meeting Council Chambers
Thu 01/26/2012 09:00 AM Shore Protection Board Meeting Council Chambers
Tue 02/07/2012 07:00 AM Town Election
9
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Consent Agenda
Agenda Title
TOWN COUNCIL MEETING MINUTES:
APPROVAL OF THE MINUTES OF THE NOVEMBER 8, 2011 REGULAR MEETING
Presenter
Susan A. Owens, Town Clerk
Supporting Documents
Minutes of the regular Town Council Meeting Held on November 8, 2011
10
MINUTES OF THE REGULAR TOWN COUNCIL MEETING
HELD ON TUESDAY, NOVEMBER 8, 2011
1 I. CALL TO ORDER AND ROLL CALL
2
3 The Regular Town Council meeting was called to order on Tuesday, November 8, 2011
4 at 9:30 a.m. in the Town Council Chambers. On roll call, all of the elected officials
5 were 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
13
14 A. Presentation by Applicants for the Architectural Commission.
15
16 The following applicants provided presentations to the Town Council:
17
18 Peter Knowles
19 Martin Phillips
20
21 IV. COMMENTS OF MAYOR GAIL L. CONIGLIO
22
23 Mayor Coniglio reported on the Maritime Museum/Peanut Island code enforcement
24 hearing. There were many parties that showed up to testify that there was increased
25 commercialization, both in restaurant use and helicopter tours. The Museum was found
26 to be in violation and given 30 days to comply, after which a fine of$500 per day will be
27 assessed. She stated that the Town will continue to remain vigilant in an effort to protect
28 the safety and quality of life for the residents. The southern end of Peanut Island should
29 be maintained as a passive park, and any intensity of use will not be tolerated.
30
31 V. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER
32
33 Council President Pro Tem Wildrick asked the Ordinances, Rules, and Standards
34 Committee (ORS) to review whether or not to reduce the required number of architects
11
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 on the Architectural Commission (ARCOM) and the Landmarks Preservation
2 Commission from two to one.
3
4 Council President Rosow indicated that he has asked ORS to re-review whether or not to
5 allow non-Florida certified architects to become members of ARCOM and the
6 Landmarks Preservation Commission.
7
8 Council President Rosow spoke regarding the Shore Protection Board meeting. There
9 were some discrepancies as to the reports that staff should look into.
10
11 Staff was directed to continue working with the consultants on the shore protection plans,
12 and to keep soliciting input.
13
14 VI. COMMUNICATIONS FROM CITIZENS
15
16 Florida House Representative Jeff Clemens, District 89, answered various questions from
17 the Council. He stated that state funding for important programs, including beach
18 protection, was cut last year due to deficits. He stated that he would keep fighting to
19 maintain funding for beaches.
20
21 Regarding redistricting, Mr. Clemens said that he understands the desire to have one
22 representative, but that the Town would be better represented by having two. He stated
23 that his staff was available to help anyone with issues and provided his cell number: 561-
24 779-7997.
25
26 Eric Gilbertson, 151 Chilean Avenue, spoke regarding Veteran's Day.
27
28 Bobbie Lindsay, 212 Caribbean Road, on behalf of the Garden Club, spoke regarding the
29 whitefly epidemic in Palm Beach and asked the Town to take a leadership role in
30 combating it.
31
32 Leslie Evans, 214 Brazilian Avenue, spoke regarding the building at 332 S. County Road,
33 which has been under construction for the past five years. He brought up various issues
34 regarding the time limits for construction.
35
36 Council requested that the ordinance setting time limits for construction be sent to ORS for
37 review.
38
39 Peyton Cole, 1193 N. Lake Way, expressed concerns regarding the historic street light
40 replacement plan.
41
42 Town Manager Elwell responded that no more poles are going to be removed until staff
43 and the Council have completed a full review of the project.
44
45 Bill Metzger, 277 Esplanade Way, announced that there would be a program celebrating
46 the conclusion of the Palm Beach Town Centennial at the Society of the Four Arts on
11-08-11 TC Mtg./Page 2 of 14
12
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 Thursday, December 15, 2011, at 3:30 p.m. He thanked the Council for sending the
2 movie ordinance to the Planning and Zoning Commission for review.
3
4 Laura Hanley, candidate for Palm Beach County Commission, District 1, introduced
5 herself.
6
7 VII. APPROVAL OF AGENDA
8
9 The following changes were made to the Agenda:
10
11 PULLED FROM CONSENT: Items VIII.E.4.a.-e., Provisional Waivers of Town Code,
12 to Allow Completion of Projects, was pulled from the Consent Agenda to be heard under
13 New Business as Items X.B.12.a-e.
14
15 ADDED: Item X.A.I.d., Resolution No. 123-2011, was added.
16
17 DEFERRED: Item X.A.3., Breakers Waiver, was deferred to the November 9, 2011
18 Council meeting.
19
20 WITHDRAWN: Item X.B.3., Waiver for Florida Public Utilities, was withdrawn.
21
22 Motion was made by Council Member Diamond and seconded by Council Member Kleid
23 to approve the Agenda, as amended. On roll call, the motion carried unanimously.
24
25 VIII. CONSENT AGENDA
26
27 Motion was made by Council Member Kleid and seconded by Council Member Diamond
28 to approve the Consent Agenda, as amended. On roll call, the motion carried
29 unanimously.
30
31 Clerk's Note: Items VIII.E.4.a.-e., were pulled to be heard under New Business.
32
33 A. MINUTES: OCTOBER 11, 2011
34 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING
35
36 B. MINUTES: OCTOBER 12, 2011
37 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING
38
39 C. APPROVAL OF MAJOR MATTERS CONSIDERED BY THE
40 ARCHITECTURAL COMMISSION AT ITS MEETING ON
41 OCTOBER 26, 2011
42
43 D. RESOLUTIONS
44
45 1. RESOLUTION NO. 99-2011 A Resolution of the Town Council of the
46 Town of Palm Beach, Palm Beach County, Florida, Approving an
11-08-11 TC Mtg./Page 3 of 14
13
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 Agreement by and Between the Palm Beach County Supervisor of
2 Elections and the Town of Palm Beach Relating to Vote Processing
3 Equipment Use and Election Services; Providing an Effective Date.
4 [Susan A. Owens, Town Clerk]
5
6 2. RESOLUTION NO. 117-2011 A Resolution of the Town Council of the
7 Town of Palm Beach, Palm Beach County, Florida, Approving a Golf
8 Instruction Services Agreement for the Town of Palm Beach Par 3 Golf
9 Course Between the Town of Palm Beach and Kellie Stenzel Golf, Inc.,
10 and Authorizing the Town Manager to Execute the Same on Behalf of the
11 Town.
12 [Jay Boodheshwar, Director of Recreation and Special Projects]
13
14 3. RESOLUTION NO. 128-2011 A Resolution of the Town Council of the
15 Town of Palm Beach, Palm Beach County, Florida, Authorizing the
16 Purchase of Three (3) Police Patrol Vehicles and Two (2) Police
17 Motorcycles as Previously Considered and Approved by the Town
18 Council During the FY2012 Budget Process and Included in the Town's
19 Equipment Replacement Program. [Kirk W. Blouin, Director of Public
20 Safety]
21
22 4. RESOLUTION NO. 132-2011 A Resolution of the Town Council of the
23 Town of Palm Beach, Palm Beach County, Florida, Approving the
24 Purchase of One Ford F-350 SD Pickup Truck, FSA Contract No. 11-19-
25 0907 in the Amount of $28,228.00, and Establishing a Budget of
26 $28,828.00.
27 [H. Paul Brazil, Director of Public Works]
28
29 5. RESOLUTION NO. 134-2011 A Resolution of the Town Council of the
30 Town of Palm Beach, Palm Beach County, Florida, Approving the
31 Purchase of One International Durastar Cab and Chassis Truck, FSA
32 Contract No. 11-19-0907 in the Amount of$57,073.00, and Establishing a
33 Project Budget of$58,000.00.
34 [H. Paul Brazil, Director of Public Works]
35
36 6. RESOLUTION NO. 135-2011 A Resolution of the Town Council of the
37 Town of Palm Beach, Palm Beach County, Florida, Approving the
38 Purchase of One 27 Cubic Yard Capacity, Dual Side Loading High
39 Compaction Recycling Body from Container Systems & Equipment Co.,
40 Inc. in the Amount of$64,505.00.
41 [H. Paul Brazil, Director of Public Works]
42
43 7. RESOLUTION NO. 137-2011 A Resolution of the Town Council of the
44 Town of Palm Beach, Palm Beach County, Florida, Approving the
45 Purchase of One Ford F-150 Pickup Truck, FSA Contract No. 11-19-0907
46 in the Amount of$15,504.00, and Establishing a Budget of$16,000.00.
11-08-11 TC Mtg./Page 4 of 14
14
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 [H. Paul Brazil, Director of Public Works]
2
3 8. RESOLUTION NO. 138-2011 A Resolution of the Town Council of the
4 Town of Palm Beach, Palm Beach County, Florida, Approving the
5 Purchase of Three (3) International Durastar Cab & Chassis Trucks on
6 FSA Contract No. 11-19-0907 in the Amount of $169,239.00 and
7 Establishing a Project Budget of$171,000.00. [H. Paul Brazil, Director of
8 Public Works]
9
10 9. RESOLUTION NO. 145-2011 A Resolution of the Town Council of the
11 Town of Palm Beach, Palm Beach County, Florida, Awarding a
12 Professional Services Task to Kimley-Horn and Associates, Inc., in the
13 Amount of $66,357.00 for Professional Engineering Services Associated
14 with Ground Water Monitoring at the Town's Vegetative Landfill Sites,
15 and Establishing a Project Budget of$70,000.00.
16 [H. Paul Brazil, Director of Public Works]
17
18 10. RESOLUTION NO. 146-2011 A Resolution of the Town Council of the
19 Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract
20 to Hendry Corporation in the Amount of $485,824.09 and Establishing a
21 Construction Phase Budget of $535,824.09 for Removal of Contaminated
22 Soils Within and Adjacent to the A-39 Pump Station.
23 [H. Paul Brazil, Director of Public Works]
24
25 11. RESOLUTION NO. 147-2011 A Resolution of the Town Council of the
26 Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract
27 in the Amount of$54,990.00 to Kimley-Horn and Associates, Inc., for A-
28 39 Pump Station Soil Remediation Field Observation and Sampling for the
29 Town of Palm Beach and Establishing a Budget of$60,500.00.
30 [H. Paul Brazil, Director of Public Works]
31
32 12. RESOLUTION NO. 149-2011 A Resolution of the Town Council of the
33 Town of Palm Beach, Palm Beach County, Florida, Awarding a Task for
34 Telemetry and Radio Consulting Services to Jacobs Engineering Group,
35 Inc., in the Amount of $44,440.00 and Establishing a Project Budget of
36 $50,000.00.
37 [H. Paul Brazil, Director of Public Works]
38
39 E. OTHER
40
41 1. Approval of the Public Works Committee Report for the Meeting on
42 September 12, 2011. [Michael J. Pucillo, Town Council Member]
43
44 2. Authorization for Staff to Proceed with the Assessment Process for the
45 Via Fontana Underground Utilities Project. [Thomas G. Bradford, Deputy
46 Town Manager]
11-08-11 TC Mtg./Page 5 of 14
15
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 3. Approval to Exercise Choice of Counsel for EEOC Claims. [Thomas G.
2 Bradford, Deputy Town Manager]
3
4 4. Provisional Waiver of Town Code of Ordinances, Section 42-199, to
5 Allow Completion of the Following Projects. - Pulled from Consent and
6 heard under New Business
7
8 a. North Lake Way and Laurian Lane Infrastructure Improvements.
9 [H. Paul Brazil, Director of Public Works] - Pulled from Consent
10 and heard under New Business
11
12 b. North Lake Way and Tangier Avenue Infrastructure
13 Improvements. [H. Paul Brazil, Director of Public Works] -
14 Pulled from Consent and heard under New Business
15
16 C. Pendleton Avenue/Lane Infrastructure Improvements.
17 [H. Paul Brazil, Director of Public Works] - Pulled from Consent
18 and heard under New Business
19
20 d. Street Lighting Improvements.
21 [H. Paul Brazil, Director of Public Works] - Pulled from Consent
22 and heard under New Business
23
24 e. Ibis Island Bridge Maintenance Dredging.
25 [H. Paul Brazil, Director of Public Works] - Pulled from Consent
26 and heard under New Business
27
28 5. Appointment to the Public Employees Relations Commission Per PERC
29 Ordinance Appendix "A" Section 1.003.
30 [Danielle Olson, Director of Human Resources]
31
32 6. Authorization to Renumber All 2011 Ordinances From 01-11 Through 28-
33 11 to 01-2011 Through 28-2011, and to Renumber the 2011 Resolutions
34 From 001-11 Through 144-11 to 001-2011 Through 144-2011 to
35 Distinguish Between the 1911 and 2011 Ordinances and Resolutions.
36 [Susan A. Owens, Town Clerk]
37
38 IX. BOARD/COMMISSION ANNUAL REPORT
39
40 A. Planning and Zoning Commission. [Alan Golboro, Chair, and John Page,
41 Director of Planning, Zoning, and Building]
42
43 Alan Golboro, Chairman of the Planning and Zoning Commission, presented a
44 summary of the Commission's Annual Report.
45
46 Clerk's Note: Item X B11., Architectural Commission Appointments, was heard at this time.
11-08-11 TC Mtg./Page 6 of 14
16
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 Clerk's Note: Item X B.7., Whitefly, was heard at this time.
2
3 Clerk's Note: Item X A.2., Mid-Town Beach Restrooms, was heard at this time.
4
5 Clerk's Note: The Council recessed for lunch at 12:53 p.m., and reconvened at 2:15 p.m. All
6 elected officials were found to be present at the time.
7
8 X. REGULAR AGENDA
9
10 A. Old Business
11
12 1. A39 to A7 Force Main Replacement Project.
13
14 a. RESOLUTION NO. 150-2011 A Resolution of the Town Council
15 of the Town of Palm Beach, Palm Beach County, Florida,
16 Awarding a Construction Manager At-Risk Contract with
17 Burkhardt Construction, Inc., for A-39 to A-7 Force Main
18 Replacement Project for a Not to Exceed Amount of$8,280,086.50
19 and Authorizing an Additional Sum of $20,000 for Engineering
20 Related Services.
21 [H. Paul Brazil, Director of Public Works]
22
23 Director of Public Works Brazil provided Staff's comments and an
24 overview of the project and the cost reductions made by Staff and
25 the consultants.
26
27 Motion was made by Council Member Pucillo and seconded by Council President Pro Tem
28 Wildrick to approve Resolution No. 150-2011. On roll call, the motion carried
29 unanimously.
30
31 b. RESOLUTION NO. 151-2011 A Resolution of the Town Council
32 of the Town of Palm Beach, Palm Beach County, Florida,
33 Amending Purchase Order Number 100656 to Mathews
34 Consulting, Inc., Increasing the Purchase Order Amount by
35 $10,908 for the A-39 to A-7 Force Main Replacement Project.
36 [H. Paul Brazil, Director of Public Works]
37
38 Motion was made by Council Member Kleid and seconded by Council Member Diamond
39 to approve Resolution No. 151-2011. On roll call, the motion carried unanimously.
40
41 C. RESOLUTION NO. 152-2011 A Resolution of the Town Council
42 of the Town of Palm Beach, Palm Beach County, Florida,
43 Authorizing the Issuance of a Purchase Order to Kimley-Horn and
44 Associates, Inc., for Accelerated Capital Improvement Program
45 (ACIP) Phasing Plan for $19,500.00, and Establishing a Budget of
46 $22,000.00. [H. Paul Brazil, Director of Public Works]
11-08-11 TC Mtg./Page 7 of 14
17
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 Motion was made by Council Member Diamond and seconded by Council Member Pucillo
2 to approve Resolution No. 152-2011. On roll call, the motion carried unanimously.
3
4 d. RESOLUTION NO. 123-2011 A Resolution of the Town Council
5 of the Town of Palm Beach, Palm Beach County, Florida,
6 Rescinding Resolution No. 83-11. -Item was added to Agenda
7
8 Motion was made by Council Member Pucillo and seconded by Council Member Diamond
9 to approve Resolution No. 123-2011. On roll call, the motion carried unanimously.
10
11 2. Further Consideration of Possibly Constructing Public Restrooms at Mid-
12 Town Beach. [Gail L. Coniglio, Mayor]
13
14 Mayor Coniglio provided an overview of the benefits of constructing
15 public restrooms at Mid-Town Beach.
16
17 Discussion ensued among the Council regarding possible future funding
18 from the state for other projects, restroom construction and maintenance
19 costs, sanitary concerns, beach usage, crime, intergovernmental
20 relationships, control over Town beaches, and regulations.
21
22 Attorney James Green, 222 Lakeview Avenue, West Palm Beach, stated
23 that the Leonard Lauder and David Koch families have committed to
24 donate $25,000 each for the construction of the restroom.
25
26 Karen Tell, 100 Royal Palm Way, spoke in opposition of public restrooms
27 on Mid-Town Beach. She read a letter written by Marlene Strauss, 101
28 Worth Avenue, who wrote in opposition to the bathrooms.
29
30 Laura Klein, 130 Seaspray Avenue, spoke in opposition to public
31 restrooms on the beach.
32
33 Anthony Falzarano, West Palm Beach, spoke in favor of public restrooms
34 on the beach.
35
36 Gerry Frank, 2784 S. Ocean Blvd., spoke in favor of public restrooms on
37 the beach.
38
39 Steve Greenwald, 128 Seaspray Avenue, noted the Florida statutes
40 regarding secondary beach access and parking spaces.
41
42 Motion was made by Council Member Pucillo and seconded by Council President Pro Tem
43 Wildrick to approve the construction of public restrooms at Mid-Town Beach, subject to
44 100% of construction costs being funded through community donations, which must be
45 received within 120 days. On roll call, the motion carried 3-2, with Council Member
46 Diamond and Council President Rosow dissenting.
11-08-11 TC Mtg./Page 8 of 14
18
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 COMMUNICATIONS FROM CITIZENS
2
3 Ned Barnes, Palm Beach Civic Association, spoke regarding the potential redistricting of
4 Peanut Island. He requested that the Town or the Mayor write a letter opposing the
5 redistricting.
6
7 Mayor Coniglio stated that she would write a letter on behalf of the Town and speak with
8 County Commissioner Priscilla Taylor about it.
9
10 3. Additional Review of Request for Waiver of Town Code of Ordinances
11 Section 42-198 and 42-199 for a Shore Protection Project at The Breakers.
12 [H. Paul Brazil, Director of Public Works]
13 Request for Deferral to the November 9, 2011, Town Council Meeting
14 Per Letter Dated November 2, 2011, From Paul N. Leone, President,
15 The Breakers. — Item was deferred to the November 9, 2011 Council
16 meeting.
17
18 B. New Business
19
20 1. Consideration of Scheduling an Attorney/Client Session Regarding 2842
21 S. Ocean, LLC (Formerly Captioned as STABFUND (USA) INC.) vs
22 CSC PB LIMITED PARTNERSHIP, et at Case No. 50 2011 CA
23 0183336XXX MB AB, in the Fifteenth Judicial Circuit in and for Palm
24 Beach County, Florida, to Discuss this Matter to Begin Immediately
25 Following this Regular Town Council Meeting in the Town Council
26 Chambers, 360 South County Road, Palm Beach, Florida. Attorney/Client
27 Session Attendees: Mayor Gail L. Coniglio, Town Council Members
28 David A. Rosow, Robert N. Wildrick, William J. Diamond, Richard M.
29 Kleid, Michael J. Pucillo; Town Manager Peter B. Elwell; Attorney John
30 C. Randolph; and Court Reporter from Ley & Marsaa Court Reporters,
31 Inc. [John C. Randolph, Town Attorney]
32
33 Motion was made by Council Member Diamond and seconded by Council Member Kleid
34 to approve the scheduling of an Attorney/Client Session regarding 2842 S. Ocean, LLC
35 (Formerly Captioned as STABFUND (USA) INC.) vs. CSC PB Limited Partnership, et al
36 Case No. 50 2011 CA 0183336XXX MB AB. On roll call, the motion carried unanimously.
37
38 2. Request for Waiver of Town Code of Ordinances, Section 42-198 and 42-
39 199, for Flagler Memorial Bridge Construction.
40 [Ryan Hamrick, P.E., Project Manager, PCL Civil Constructors, Inc.]
41
42 Director of Public Works Brazil provided Staff's comments.
43
44 Ryan Hamrick, Project Manager, PCL Civil Constructors, Inc., provided
45 an overview of PCL's request.
46
11-08-11 TC Mtg./Page 9 of 14
19
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 Discussion ensued among the Council regarding the traffic impacts,
2 scheduling, noise, working from the water versus the bridge, and work
3 being performed on Saturdays.
4
5 Ned Barnes, Palm Beach Civic Association, spoke regarding the
6 Transportation Committee's concern regarding Saturday work, lane
7 closures, and the hours of operation.
8
9 Motion was made by Council Member Diamond and seconded by Council President Pro
10 Tem Wildrick to approve the Request for Waiver of Town Code of Ordinances, Section 42-
11 198 and 42-199, for Flagler Memorial Bridge Construction, subject to the conditions that
12 weekday hours be limited to 8:00 a.m. - 6:00 p.m., but that quiet work may commence at
13 7:00 a.m. On roll call, the motion carried unanimously.
14
15 PCL was directed to come back to the December 13, 2011 Council meeting to provide more
16 details regarding the Saturday work, potential lane closures, and noise abatement.
17
18 3. Request for Waiver of Town Code of Ordinances, Section 42-198 and 42-
19 199, for Florida Public Utilities Upgrade.
20 [Christopher C. Canino, Senior Engineer, Florida Public Utilities] —
21 Request for Withdrawal per E-Mail Dated November 7, 2011, from
22 Christopher C. Canino, Senior Engineer, Florida Public Utilities. -
23 Item was withdrawn from the Agenda.
24
25 4. Interim Report Regarding Town Right of Way Manual Update.
26 [H. Paul Brazil, Director of Public Works]
27
28 Council consensus was to refer this item to the Public Works Committee for review at their
29 February meeting.
30
31 5. Proposal from Crowe Horwath for Internal Audit of Recreation
32 Department. [Robert N. Wildrick, President Pro Tem]
33
34 Council President Pro Tem Wildrick provided an update of Crowe
35 Horwath's audit, and his request for an audit of the Recreation
36 Department.
37
38 Motion was made by Council President Pro Tem Wildrick and seconded by Council
39 Member Diamond to approve the proposal from Crowe Horwath for an internal audit of
40 the Recreation Department. On roll call, the motion carried unanimously.
41
42 6. RESOLUTION NO. 153-2011 A Resolution of the Town Council of the
43 Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract
44 in the Amount of $228,877 to Coastal Technology Corporation, for
45 Advanced Design Services, Task 3, of the Phipps Ocean Park (Reach 7)
46 Beach Restoration and Stabilization Project, Establishing a Total Task
11-08-11 TC Mtg./Page 10 of 14
20
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 Budget of$240,000 for Said Services.
2 [H. Paul Brazil, Director of Public Works]
3
4 Motion was made by Council Member Kleid and seconded by Council Member Diamond
5 to approve Resolution No. 153-2011. On roll call, the motion carried unanimously.
6
7 7. Whitefly. [David A. Rosow, Town Council President]
8 TIME CERTAIN: 11 A.M.
9
10 Ann Vanneck, 217 West Indies Drive, expressed her concerns regarding
11 the effects of whiteflies and requested that the Council take action to
12 protect the Town from them.
13
14 Discussion ensued among the Council regarding possible solutions to
15 eradicate the whitefly epidemic.
16
17 Jorge Sanchez, 239 Southland Road, spoke regarding which plants are
18 most affected by the whiteflies.
19
20 Allen Wyett, 1145 North Lake Way, spoke in support of taking immediate
21 action regarding the whitefly issue.
22
23 Bobbie Lindsay, 212 Caribbean Road, suggested issuing a "How To"
24 article in the Palm Beach Daily News regarding treatment of infected
25 plants.
26
27 Attorney Randolph was instructed to chair a workshop, with all interested parties and with
28 the support of Public Works and Code Enforcement, to receive input on drafting an
29 emergency ordinance that will address the following issues: preventing the spread of the
30 whiteflies, removal of dead/dying plants, and enforcement techniques. The ordinance
31 requirements shall be mandatory. Council President Pro Tem Wildrick added that the
32 ordinance should include a sunset or review provision as well. In the interim, staff will
33 contact the State and County to determine if the Town can engage their services. The
34 emergency ordinance will be heard in one reading, at the December 13, 2011 Council
35 meeting.
36
37 Clerk's Note: Item X A.2., was heard at this time.
38
39 8. Proposed Settlement of Phipps Plaza Condominium Association vs Town
40 of Palm Beach. [John C. Randolph, Town Attorney]
41
42 Town Attorney Randolph provided an overview of the proposed
43 settlement.
44
45 Motion was made by Council Member Diamond and seconded by Council President Pro
46 Tem Wildrick to approve the proposed settlement of the Phipps Plaza Condominium
11-08-11 TC Mtg./Page 11 of 14
21
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 Association vs. Town of Palm Beach case. On roll call, the motion carried unanimously.
2
3 9. Annual Report on Unpaid Assessments and Fines and Authorization to
4 Write Off Certain Monies Deemed Uncollectible.
5 [Jane Struder, Director of Finance]
6
7 Director of Finance Struder provided an overview of the Annual Report.
8
9 Motion was made by Council Member Diamond and seconded by Council Member Pucillo
10 to authorize the write off of certain monies deemed uncollectible. On roll call, the motion
11 carried unanimously.
12
13 10. Lawsuit Being Filed by Several Municipalities vs. Palm Beach County
14 Regarding Inspector General Fees.
15 [John C. Randolph, Town Attorney]
16
17 Town Attorney Randolph provided an overview of the lawsuit, and its
18 status.
19
20 Discussion ensued among the Council regarding the pros and cons of
21 joining the lawsuit.
22
23 Council consensus was to not join in this lawsuit.
24
25 It. Architectural Commission Appointments.
26 [John S. Page, Director of Planning, Zoning, and Building]
27
28 Council President Rosow announced the following appointments to the
29 Architectural Commission (ARCOM):
30
31 Peter Knowles, as a full member
32 Martin Phillips, as an alternate member
33
34 Motion was made by Council Member Pucillo and seconded by Council Member Diamond
35 to approve the appointments of Peter Knowles as a full member, and Martin Phillips as an
36 alternate member. On roll call, the motion carried unanimously.
37
38 12. Provisional Waiver of Town Code of Ordinances, Section 42-199, to
39 Allow Completion of the Following Projects.
40
41 a. North Lake Way and Laurian Lane Infrastructure Improvements.
42 [H. Paul Brazil, Director of Public Works] —Item was pulled from
43 Consent Agenda
44
45 Motion was made by Council Member Diamond and seconded by Council Member Pucillo
46 to approve the North Lake Way and Laurian Lane Infrastructure Improvements. On roll
11-08-11 TC Mtg./Page 12 of 14
22
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 call, the motion carried unanimously.
2
3 b. North Lake Way and Tangier Avenue Infrastructure
4 Improvements. [H. Paul Brazil, Director of Public Works] —Item
5 was pulled from Consent Agenda
6
7 Motion was made by Council Member Diamond and seconded by Council Member Pucillo
8 to approve the North Lake Way and Tangier Avenue Infrastructure Improvements. On
9 roll call, the motion carried unanimously.
10
11 C. Pendleton Avenue/Lane Infrastructure Improvements.
12 [H. Paul Brazil, Director of Public Works] —Item was pulled from
13 Consent Agenda
14
15 Town Manager Elwell provided an overview of the Pendleton
16 Avenue/Lane Infrastructure Improvements and the homeowners'
17 requested revisions.
18
19 Motion was made by Council Member Diamond and seconded by Council Member Kleid
20 to conceptually approve the revised request to allow work through December 21, 2011 to
21 accommodate the homeowners' request for curbing, contingent upon the homeowners
22 paying for those improvements by November 14, 2011. If payment is not received by then,
23 then the original scope of work will be performed by December 9, 2011, pursuant to the
24 original request. On roll call, the motion carried unanimously.
25
26 d. Street Lighting Improvements.
27 [H. Paul Brazil, Director of Public Works] —Item was pulled from
28 Consent Agenda
29
30 Town Manager Elwell provided an overview of the street lighting
31 improvements.
32
33 Motion was made by Council Member Diamond and seconded by Council Member Kleid
34 to approve only the waiver for these Street Lighting Improvements. Town Manager Elwell
35 stated that further study on this issue is needed; and, that once the study is complete, staff
36 will bring the issue before the Public Works Committee for their recommendations. On
37 roll call, the motion carried unanimously.
38
39 e. Ibis Island Bridge Maintenance Dredging.
40 [H. Paul Brazil, Director of Public Works] —Item was pulled from
41 Consent Agenda
42
43 Motion was made by Council Member Diamond and seconded by Council Member Kleid
44 to approve the Ibis Island Bridge Maintenance Dredging. On roll call, the motion carried
45 unanimously.
46
11-08-11 TC Mtg./Page 13 of 14
23
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, NOVEMBER 8,2011
1 ORDINANCES
2
3 C. Second Reading
4
5 1. ORDINANCE NO. 28-11 An Ordinance of the Town Council of the Town
6 of Palm Beach, Palm Beach County, Florida, Providing for an
7 Amendment to the Town's Budgets Adopted for the Fiscal Year
8 Commencing October 1, 2010, Providing an Effective Date. [Jane
9 Struder, Director of Finance]
10
11 Motion was made by Council Member Diamond and seconded by Council Member Kleid
12 to adopt Ordinance No. 28-11, on second reading. On roll call, the motion carried
13 unanimously.
14
15 D. First Reading—None
16
17 XI. ANY OTHER MATTERS—None
18
19 XII. ADJOURNMENT
20
21 There being no further business, the November 8, 2011, regular Town Council meeting
22 was adjourned at 3:59 p.m.
23
24
25 APPROVED:
26
27
28
29
30 David A. Rosow
31 Town Council President
32
33 ATTEST:
34
35
36
37
38 Susan A. Owens, MMC
39 Town Clerk
11-08-11 TC Mtg./Page 14 of 14
24
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Consent Agenda
Agenda Title
TOWN COUNCIL MEETING MINUTES:
APPROVAL OF THE MINUTES OF THE NOVEMBER 8, 2011 SPECIAL MEETING-
CLOSED DOOR SESSION
Presenter
Susan A. Owens, Town Clerk
Supporting Documents
Minutes of the Special Town Council Meeting Held on November 8, 2011
25
MINUTES OF THE SPECIAL TOWN COUNCIL MEETING
HELD ON TUESDAY, NOVEMBER 8, 2011
1 I. CALL TO ORDER AND ROLL CALL
2
3 The Special Town Council meeting was called to order at 4:05 p.m. on Tuesday,
4 November 8, 2011, in the Town Council Chambers. On roll call, all of the elected
5 officials were found to be present.
6
7 II. APPROVAL OF AGENDA
8
9 Motion was made by Council Member Diamond and seconded by Council Member Kleid to
10 approve the Agenda. On roll call, the motion carried unanimously.
11
12 III. 2842 S. Ocean, LLC (Formerly Captioned as STABFUND (USA) INC.) vs CSC PB
13 LIMITED PARTNERSHIP, et al Case No. 50 2011 CA 0183336XXX MB AB, in the
14 Fifteenth Judicial Circuit in and for Palm Beach County, Florida
15
16 F.S. 286.011(8) allows the Mayor, Town Council, and the Town Manager to meet in a
17 Closed-Door Attorney/Client Session for the purpose of discussing strategy related to
18 litigation.
19
20 Town Council President Rosow announced the following:
21
22 a.) The Attorney/Client Closed-Door Session
23 b.) The estimated time is thirty minutes
24 c.) The names of the persons attending:
25 Gail L. Coniglio, Mayor
26 David A. Rosow, Town Council President
27 Robert N. Wildrick, Town Council President Pro Tem
28 William J. Diamond, Town Council Member
29 Richard M. Kleid, Town Council Member
30 Michael J. Pucillo, Town Council Member
31 John C. Randolph, Town Attorney
32 Peter B. Elwell, Town Manager
33 Ley and Marsaa, Court Reporters
26
MINUTES OF THE SPECIAL TOWN COUNCIL MEETING(2842 S.Ocean, LLC)
HELD ON TUESDAY, NOVEMBER 8,2011
1 At 4:06 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 4:29 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 Town Council President Rosow announced the termination of the Attorney/Client
16 Session. He stated that the Town Council met with its Attorney and received advice, with
17 respect to this litigation, and provided him with direction.
18
19 V. ANY OTHER MATTERS—None
20
21 VI. ADJOURNMENT
22
23 There being no further business, the Special Town Council Meeting of Tuesday,
24 November 8, 2011 was adjourned at 4:30 p.m.
25
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
11-08-11 STC Mtg.(2842 S.Ocean, LLC)/Page 2 of 2
27
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Consent Agenda
Agenda Title
TOWN COUNCIL MEETING MINUTES:
APPROVAL OF THE MINUTES OF THE NOVEMBER 9, 2011 REGULAR MEETING
Presenter
Susan A. Owens, Town Clerk
Supporting Documents
Minutes of the regular Town Council Meeting Held on November 9, 2011
28
MINUTES OF THE REGULAR TOWN COUNCIL MEETING
HELD ON WEDNESDAY, NOVEMBER 9, 2011
1 I. CALL TO ORDER AND ROLL CALL
2
3 The Regular Town Council meeting was called to order on Wednesday, November 9,
4 2011 at 9:30 a.m. in the Town Council Chambers. On roll call, all of the elected officials
5 were 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. COMMENTS OF MAYOR GAIL L. CONIGLIO —None
13
14 IV. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER
15
16 Town Manager Elwell announced that the informational meeting regarding the whitefly
17 emergency ordinance will be held in the Town Council Chambers on Monday, November
18 14, 2011, at 3:00 p.m.
19
20 V. COMMUNICATIONS FROM CITIZENS —None
21
22 VI. APPROVAL OF AGENDA
23
24 The following changes were made to the Agenda:
25
26 ADDED: Item VII.I., Review of Breakers Waiver, was added to the Agenda. Item was
27 deferred to this meeting from the November 8, 2011 Council meeting.
28
29 ADDED: Item VII.2., Review of Construction Activity at 332 South County Road, was
30 added to the agenda per Town Council's request at the November 8, 2011 Council
31 meeting.
29
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, NOVEMBER 9,2011
1 ADDED: Item VII.D.1., Discussion of Intent of Post Office's New Owner, was added to
2 the Agenda.
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 VII. DEVELOPMENT REVIEWS
8
9 1. Additional Review of Request for Waiver of Town Code of Ordinances Section
10 42-198 and 42-199 for a Shore Protection Project at the Breakers.
11 [H. Paul Brazil, Director of Public Works] —Item was added to the Agenda. It
12 was deferred from the November 8, 2011, Town Council Meeting.
13
14 Director of Public Works Brazil provided Staff's comments.
15
16 Paul Leone, President of the Breakers, provided an overview of the applicant's
17 request and committed to work with the neighbors to address any concerns they
18 may have, and to restore the road if needed.
19
20 Discussion ensued among the Council regarding how many trucks would be going
21 back and forth across the island, the relocation of the groins, and notification to
22 the neighbors.
23
24 Henry McIntosh, 124 Via Bethesda, expressed his concern that the vibration of
25 the heavy trucks could cause damage to his house, and said that he had not
26 received notice of the project.
27
28 Peter Broberg, Chancellor of Bethesda-by-the-Sea Church, expressed his concerns
29 about losing parking spaces on Via Bethesda and access to the Church, and also
30 stated that the Church did not receive notification of the project until last Friday
31 afternoon.
32
33 Further discussion ensued among the Council regarding possible stress cracks to
34 the homes on Via Bethesda as a result of the heavy truck traffic, using trucks
35 versus barges, and the consideration of using alternate routes.
36
37 Motion was made by Council Member Diamond to approve the waiver contingent upon a
38 photographic survey of Mr. McIntosh's home so that any damage could be remedied by the
39 Breakers. Motion died for lack of a second.
40
41 Motion was made by Council Member Pucillo and seconded by Council Member Kleid to
42 approve the request for Waiver of Town Code of Ordinances Section 42-198 and 42-199 for
43 a Shore Protection Project at the Breakers, subject to compliance with the submitted traffic
44 routing plan, and the condition that all staging of vehicles be done in West Palm Beach. It
45 was added to the motion, for the record, that the Barton Avenue route is not being
46 approved by the Council. On roll call, the motion carried unanimously.
11-09-11 TC Mtg./Page 2 of 9
30
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, NOVEMBER 9,2011
1 The Council further requested that the parties continue to work together, and try to work
2 out alternative plans.
3
4 2. Review of Construction Activities at 332 South County Road.
5 [John Page, Director of Planning, Zoning, and Building] —Item was added to
6 Agenda per Town Council's request at the November 8, 2011, Town Council
7 meeting.
8
9 Director of Planning, Zoning, and Building Page provided an overview of the
10 construction and permitting history of this property. He commented that he had
11 spoken with the owner over the phone about eight to twelve months ago and told
12 him that any repairs he makes that support multi-family usage are not allowed;
13 and, that if he went that route, he would do so at his own risk.
14
15 Parking/Code Enforcement Manager Houston provided an overview of the code
16 enforcement activities relative to the property.
17
18 Council consensus was to affirm the position that any repairs the owner makes will be done
19 at his own risk, and that he cannot come before Council for relief.
20
21 Council President Rosow requested that this issue and its history should be referred to the
22 Ordinances, Rules, and Standards Committee to determine what, if any, changes to
23 permitting procedures and prolonged improvements would be advisable. Council
24 consented.
25
26 Town Clerk Owens administered the oath to all those who would be providing testimony.
27
28 A. Appeals—None
29
30 B. Time Extensions & Waivers
31
32 1. Request for Waiver of Section 42-199, Hours of Construction Work, at
33 150 Worth Avenue, Suites 231-235, Per Letter Dated October 18, 2011,
34 from James R. Brindell.
35
36 The following ex-parte communications were declared: Council Members
37 Diamond and Kleid, Council President Rosow, Council President Pro Tern
38 Wildrick, and Mayor Coniglio spoke with Attorney Brindell, who
39 advocated the position of his client.
40
41 Director of Planning, Zoning, and Building Page provided Staff's
42 comments.
43
44 Attorney Brian Seymour, Gunster Law Firm, provided an overview of the
45 applicant's request.
46
11-09-11 TC Mtg./Page 3 of 9
31
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, NOVEMBER 9,2011
1 Motion was made by Council Member Diamond and seconded by Council Member Kleid
2 to approve the Request for Waiver of Section 42-199, Hours of Construction Work, at 150
3 Worth Avenue, Suites 231-235, subject to the conditions within the staff report. On roll
4 call, the motion carried unanimously.
5
6 2. Extension of Agreed Maximum Time Schedule for Completion of Work
7 Per Town Code 18-242.105.4.1.6, at 409 Antigua Lane, Per Letter Dated
8 October 6, 2011, from Jeffrey W. Sullivan.
9
10 The following ex-pane communications were declared: Council President
11 Pro Tern Wildrick and Council President Rosow spoke with the neighbor,
12 who expressed his opposition to the request. Council Member Diamond
13 spoke with the neighbor, Attorney Ziska, and the contractor, who each
14 expressed their positions. Mayor Coniglio and Council Members Kleid
15 and Pucillo spoke with and received correspondence from the neighbor,
16 who expressed his opposition to the request.
17
18 Attorney Ziska, on behalf of the owners, provided an overview of the
19 applicant's request. Jeffrey W. Sullivan, Project Contractor, provided the
20 status and completion schedule of the project.
21
22 Director of Planning, Zoning, and Building Page provided Staff's
23 comments.
24
25 Tom Pournaras, owner, stated the reasons why it has taken so long to
26 complete the work.
27
28 Motion was made by Council Member Diamond and seconded by Council President Pro
29 Tem Wildrick to approve the Extension of Agreed Maximum Time Schedule for
30 Completion of Work per Town Code 18-242.105.4.1.6, at 409 Antigua Lane, subject to the
31 general conditions for waivers, and the following:
32
33 0 Exterior work can be performed until December 1, 2011-if performing stucco work,
34 the owner shall start with the front of the house;
35 0 All exterior work can be resumed May 1, 2012;
36 0 All work must be completed by August 1, 2012;
37 • Quiet work may be performed during season;
38 0 All garbage removal and bringing in of equipment must be done in the rear alley;
39 0 If there are any code violations, then the job will be shut down; and
40 0 There will be a daily fine of$1,000 per day for each day construction is performed
41 after August 1, 2012.
42
43 On roll call, the motion carried unanimously.
44
45 C. Variances, Special Exceptions, and Site Plan Reviews
46
11-09-11 TC Mtg./Page 4 of 9
32
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, NOVEMBER 9,2011
1 1. Old Business
2
3 a. SPECIAL EXCEPTION #25-2011 Declaration of Use Agreement
4 for FEDCO Pharmacy, 2875 South Ocean Boulevard.
5 [Representative: Johnny Meier]
6 Deferred from the October 12, 2011, Town Council Meeting.
7
8 The following ex-parte communications were declared: Council
9 Member Kleid spoke with a member of the Palm Beach Citizen's
10 Association.
11
12 Zoning Administrator Castro provided Staff's comments.
13
14 Mike Patel, managing member of FEDCO Pharmacy, provided an
15 overview of the applicant's request. He stated that what
16 distinguished "high-end" chocolates and suntan lotions were their
17 price and sales consistent with other high-end retailers.
18
19 Motion was made by Council Member Kleid and seconded by Council Member Diamond
20 that Special Exception #25-2011 shall be granted based upon the finding that such grant
21 will not adversely affect the public interest and that the applicable criteria set forth in
22 Section 134-229 of the Town Code have been met, subject to the amended Declaration of
23 Use Agreement allowing the sale of high-end suntan lotions and chocolates. On roll call,
24 the motion carried unanimously.
25
26 2. New Business
27
28 a. SPECIAL EXCEPTION #31-2011 The application of Sabadell
29 United Bank, NA; relative to property commonly known as 180
30 Royal Palm Way; described as ROYAL PARK ADD LT 34 BLK
31 F; located in the C-TS Zoning District. The applicant requests a
32 Special Exception to use the first and third floors of the subject
33 building totaling 12,940 square foot as a bank (Sabadell United
34 Bank, NA). The subject tenant space was most recently used as a
35 Lydian Bank branch office with its customers and clients being
36 more than 50% town-persons in satisfaction of the requirements of
37 Section 134-299(12).
38 [Attorney: Peter S. Broberg]
39
40 There was no ex-parte communication declared by the Town
41 Council.
42
43 Town Staff had no comments.
44
45 Motion was made by Council Member Diamond and seconded by Council President Pro
46 Tem Wildrick that Special Exception#31-2011 shall be granted based upon the finding that
11-09-11 TC Mtg./Page 5 of 9
33
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, NOVEMBER 9,2011
1 such grant will not adversely affect the public interest and that the applicable criteria set
2 forth in Section 134-229 of the Town Code have been met. On roll call, the motion carried
3 unanimously.
4
5 b. SPECIAL EXCEPTION #32-2011 WITH SITE PLAN REVIEW
6 AND VARIANCE The application of Everglades Club, Inc.;
7 relative to property commonly known as 350 Worth Avenue;
8 described as lengthy legal description on file; located in the C-WA
9 Zoning District. The applicant requests a Special Exception with
10 Site Plan Modification to renovate the existing kitchen at the
11 Everglades Club and change the front fagade along Worth Avenue.
12 The plan includes raising the parapet and eliminating mechanical
13 equipment on the roof. A portion of the building will be
14 demolished and setback further from the street to provide more
15 room for loading and unloading. No additional square footage is
16 proposed. A variance is requested to allow renovation of the
17 existing kitchen to be phased over four years in lieu of the two year
18 maximum completion time required. [Attorney: Maura A. Ziska]
19
20 There was no ex-parte communication declared by the Town
21 Council.
22
23 Attorney Ziska, on behalf of The Everglades Club, Inc., provided
24 an overview of the applicant's request.
25
26 Town Staff had no comments.
27
28 Motion was made by Council Member Diamond and seconded by Council Member Kleid
29 that Special Exception #32-2011 shall be granted based upon the finding that such grant
30 will not adversely affect the public interest and that the applicable criteria set forth in
31 Section 134-229 of the Town Code have been met, that the site plan review related to
32 Special Exception #32-2011 be approved based upon the finding that the approval of the
33 site plan will not adversely affect the public interest and that the Council certifies that the
34 specific zoning requirements governing the individual use have been met and that
35 satisfactory provision and arrangement has been made concerning Section 134-329, items 1
36 through 11, and that the variances related to Special Exception #32-2011 be granted and
37 find, in support thereof, that all of the criteria applicable to this application as set forth in
38 Section 134-201(a), items 1 through 7 have been met. On roll call, the motion carried
39 unanimously.
40
41 C. SPECIAL EXCEPTION #33-2011 The application of The
42 Breakers Palm Beach, Inc.; relative to property commonly known
43 as 230 Sunrise Avenue, Suite A, Echo Restaurant; described as
44 lengthy legal description on file; located in the C-TS Zoning
45 District. The applicant requests a Special Exception to remove the
46 previous condition of approval which requires an annual Town-
11-09-11 TC Mtg./Page 6 of 9
34
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, NOVEMBER 9,2011
1 serving statement. [Attorney: James R. Brindell]
2
3 The following ex-parte communications were declared: Council
4 Members Diamond, Kleid, and Pucillo, Council President Pro Tern
5 Wildrick, Council President Rosow, and Mayor Coniglio spoke
6 with Attorney Brindell, who advocated the position of his client.
7
8 Zoning Administrator Castro provided Staff's comments.
9
10 Motion was made by Council Member Diamond and seconded by Council Member Kleid
11 that Special Exception #33-2011 shall be granted based upon the finding that such grant
12 will not adversely affect the public interest and that the applicable criteria set forth in
13 Section 134-229 of the Town Code have been met. On roll call, the motion carried
14 unanimously.
15
16 Council President Rosow added the following item at this time:
17
18 Council President Rosow sought the opinion of the Council in regards to
19 removing the annual submission requirement of town-serving documentation
20 from four long-standing businesses within the Town: Testa's, the Church Mouse,
21 Mildred Hoit, and C. Orrico.
22
23 Council consensus was that they would be favorably disposed to removing this requirement
24 for the aforementioned businesses, should they apply. Attorney Randolph reminded
25 Council that no final decisions should be made until the quasi-judicial process is completed.
26
27 d. SITE PLAN REVIEW #13-2011 WITH VARIANCES The
28 application of Richard Hirsch; relative to property commonly
29 known as 130 Sunrise Avenue, PH-1 West; described as SUN &
30 SURF ONE HUNDRED THIRTY COND UNIT PH 1W; located
31 in the R-C Zoning District. The applicant requests Site Plan
32 Review for a 203.4 square foot retractable awning. Variances are
33 requested to install a 203.4 square foot retractable awning with a
34 side yard setback of 19.37 feet in lieu of the 61.5 foot minimum
35 required and to install a retractable awning on the 61h floor of a
36 building in a district that allows 2-story buildings by right and a
37 height of 61.5 feet in lieu of the 23.5 foot maximum required.
38 [Attorney: Peter S. Broberg]
39 [ARCOM Recommendation: Implementation of the proposed
40 variances will not cause negative architectural impacts to the
41 subject property. Carried 7-0.]
42
43 There was no ex-parte communication declared by the Town
44 Council.
45
46 Attorney Broberg provided an overview of the applicant's request.
11-09-11 TC Mtg./Page 7 of 9
35
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, NOVEMBER 9,2011
1 Town Staff had no comments.
2
3 Motion was made by Council Member Diamond and seconded by Council Member Pucillo
4 that Site Plan Review #13-2011 be approved based upon the finding that the approval of
5 the site plan will not adversely affect the public interest and that the Council certifies that
6 the specific zoning requirements governing the individual use have been met and that
7 satisfactory provision and arrangement has been made concerning Section 134-329, items 1
8 through 11, and that the variances related to Site Plan Review #13-2011 be granted and
9 find, in support thereof, that all of the criteria applicable to this application as set forth in
10 Section 134-201(a), items 1 through 7 have been met. On roll call, the motion carried
11 unanimously.
12
13 e. SITE PLAN REVIEW #14-2011 WITH SPECIAL EXCEPTION
14 AND VARIANCES The application of Marilyn and John Keane;
15 relative to property commonly known as 425 Worth Avenue, PH-
16 B; described as lengthy legal description on file; located in the R-
17 D(2) Zoning District. The applicant requests Site Plan
18 Modification with variances to allow one (1) permanent awning
19 totaling 840.5 square feet over the terrace on the seventh floor of a
20 seven story building. Variances are requested to allow the awning
21 at a height of 63.25 feet in lieu of the 60 foot maximum allowed; to
22 allow the awning on the existing seventh floor penthouse of a
23 seven story building in lieu of the five story building maximum
24 allowed; and, to allow the awning with a street side yard setback of
25 21.7 feet in lieu of the 126 foot minimum required for multi-family
26 use in the R-D(2) Zoning District. [Attorney: Maura A. Ziska]
27 [ARCOM Recommendation: Implementation of the proposed
28 variances will not cause negative architectural impacts to the
29 subject property. Carried 7-0.]
30
31 There was no ex-parte communication declared by the Town
32 Council.
33
34 Attorney Ziska, on behalf of Marilyn and John Keane, provided an
35 overview of the applicant's request.
36
37 Zoning Administrator Castro provided Staff's comments.
38
39 Motion was made by Council Member Diamond and seconded by Council Member Pucillo
40 that Site Plan Review #14-2011 be approved based upon the finding that the approval of
41 the site plan will not adversely affect the public interest and that the Council certifies that
42 the specific zoning requirements governing the individual use have been met and that
43 satisfactory provision and arrangement has been made concerning Section 134-329, items 1
44 through 11, that the special exception related to Site Plan Review#14-2011 shall be granted
45 based upon the finding that such grant will not adversely affect the public interest and that
46 the applicable criteria set forth in Section 134-229 of the Town Code have been met, and
11-09-11 TC Mtg./Page 8 of 9
36
MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, NOVEMBER 9,2011
1 that the variances related to Site Plan Review #14-2011 be granted and find, in support
2 thereof, that all of the criteria applicable to this application as set forth in Section 134-
3 201(a), items 1 through 7 have been met. On roll call, the motion carried unanimously.
4
5 D. Other
6
7 1. Discussion of the intentions of the owner of the Post Office. — Item was
8 added to the Agenda
9
10 Council President Rosow called attention to the Site Plan Review #6-2011
11 with Special Exception and Variances Hearings held in April and May
12 2011 regarding the old post office.
13
14 He expressed concern that there was a "for lease" sign on the building.
15 Attorney Randolph confirmed that any lessees would need to come before
16 Council for approval. The original approval was only for the property
17 owner's business and charity uses.
18
19 Zoning Administrator Castro provided Staff's comments relative to the
20 building permit.
21
22 Council President Rosow stated that the "for lease" sign may not be up to
23 Code.
24
25 Council President Rosow asked Code Enforcement to see if the "for lease" sign on
26 this property meets code.
27
28 VIII. ANY OTHER MATTERS—None
29
30 IX. ADJOURNMENT
31
32 There being no further business, the November 9, 2011, Town Council meeting was
33 adjourned at 11:47 a.m.
34
35 APPROVED:
36
37
38
39
40 David A. Rosow
41 Town Council President
42 ATTEST:
43
44
45 Susan A. Owens, MMC
46 Town Clerk
11-09-11 TC Mtg./Page 9 of 9
37
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Consent Agenda
Agenda Title
Approval of Major Matters Considered by the Architectural Commission at its Meeting of
November 18, 2011.
Presenter
John Page, Director of Planning, Zoning, and Building
Supporting Documents
Memorandum dated November 28, 2011, from John S. Page, Director of Planning,
Zoning, and Building
Minutes of the Architectural Commission meeting of November 18, 2011
38
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 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 November 18, 2011
Date: November 28, 2011
STAFF RECOMMENDATION
Staff recommends that the Town Council approve the major items that were approved by
ARCOM at the regularly scheduled meeting of November 18, 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 November 18, 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
39
0
! 4
MINUTES
ARCHITECTURAL COMMISSION
IN THE TOWN COUNCIL CHAMBERS
2ND FLOOR, TOWN HALL
360 S. COUNTY ROAD, PALM BEACH, FL
FRIDAY, NOVEMBER 18, 2011, 9:00 a.m.
Please be advised that in keeping with a recent 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.
I. CALL TO ORDER:
Acting Chairman and Vice Chairman Robert Vila called the meeting to order at 9:00 a.m.
II. ROLL CALL:
Jeffery W. Smith, Chairman ABSENT (unexcused)
Robert J. Vila, Vice Chairman PRESENT
Kenn Karakul, Member PRESENT
Nikita Zukov, Member PRESENT
Ann L. Vanneck, Member PRESENT
Henry Homes III, Member PRESENT
Peter L C. Knowles II, Member PRESENT
Martin D. Gruss, Alternate Member PRESENT
Alexander C. Ives, Alternate Member PRESENT
Dr. Martin Phillips, Alternate Member PRESENT
Let the record show that Mr. Gruss was a voting member today.
Staff members present: John S. Page, Director of Planning, Zoning & Building, John Lindgren, Planning
Administrator, and Cynthia M. Delp, Secretary to the Architectural Commission. Town Attorney John C.
Randolph was absent.
III. PLEDGE OF ALLEGIANCE:
IV. ADMINISTRATION OF OATH OF OFFICE -DR. MARTIN PHILLIPS (9:0 :39 a.m.)
Mrs. Delp administered the Oath of Office to Dr. Martin Phillips.
1
40
V. APPROVAL OF THE MINUTES FROM THE OCTOBER 26, 2011 MEETING (9:02:38 a.m.)
MOTION BY MR. HOMES FOR APPROVAL OF THE MINUTES.
MOTION SECONDED BY MRS. VANNECK.
MOTION CARRIED UNANIMOUSLY.
VI. APPROVAL OF THE AGENDA : (9:03:09 a.m.)
MOTION BY MRS. VANNECK FOR APPROVAL OF THE AGENDA.
MOTION SECONDED BY MR. KARAKUL.
MOTION CARRIED UNANIMOUSLY.
VII. ADMINISTRATION OF THE OATH TO PERSONS WHO WISH TO TESTIFY(9:03:11 a.m.)
By Mrs. Delp
VIII. OTHER BUSINESS: (9:03:18 a.m.) None
IX. PROJECT REVIEW(9:03:20 a.m.)
A. MAJOR PROJECTS - OLD BUSINESS (9:03:24 a.m.)
B - 071 - 2011 Demolition/Construction New Residence
Address: 1071 North Ocean Boulevard
Applicant: 1071 North Ocean Boulevard Trust dated April 19, 2011, Maura Ziska, Trustee
Architect: Smith and Moore Architects, Inc.
Project Description: Demolition of an existing two-story residence and construction of a new
two-story residence and pool. Final hardscape and landscape.
Please note that at the October meeting, there was a motion for approval of the demolition of the
house at 1070 North Ocean Boulevard with the typical caveats for sodding and irrigating. After
hearing the new construction presentation, there was a motion for deferral to the November
meeting.
Call for disclosure of ex parte communication: Disclosures by Messrs. Homes and Vila
ATTORNEY FOR THE PROJECT: Maura Ziska
ARCHITECTURAL PRESENTATION BY: Harold Smith, Architect, Smith and Moore
Architects; Fred Bissinger, Design Architect
LANDSCAPE PRESENTATION BY: John Lang, Lang Design Group
Attorney Maura Ziska stated that the applicant had employed the services of a court reporter at
last month's meeting to allow the applicant to review and respond to the comments made at that
meeting. Today's presentation is in direct response to those comments. Architect Harold Smith
listed the changes made to the plans since the October meeting.
The commission was generally pleased with the architect's response to the commission's October
comments, but some members expressed concerns regarding: the use of barrel tiles on roofs of
this pitch; the commercial feel of the front fountain; the difference between the architecture of the
east and west facades; the appearance of the cupola; southeast elevation-elevations do not match
the plans and do not match the model; windows on second floor of east elevation still do not have
2
41
the character of the front of the house; consider a different roof material; and, finials out of place
and scale.
Mr. Lang presented the revised landscape/hardscape plans which he regarded as an appropriate
response to the commission's October comments. Despite the revisions presented, some
comments were as follows: Landscape/hardscape plans are not legible; no properties on the north
end have water features on the street; and, concern regarding height of basin of front fountain.
Mr. Gruss expressed his general displeasure with the proposal and presentation. Mrs. Vanneck,
because of an inconsistency in the plans, felt that the project had been rushed and was not ready
for presentation this month.
MOTION BY MRS. VANNECK FOR DEFERRAL TO THE DECEMBER MEETING.
MOTION SECONDED BY MR. ZUKOV.
MOTION CARRIED UNANIMOUSLY.
Please note that after Item B-076-2011 was called and the ex parte declarations were given, Ms.
Ziska asked that this project be re-considered.
MOTION BY MRS. VANNECK TO DEFER THIS PROTECT TO THE END OF THE
AGENDA.
MOTION SECONDED BY MR. HOMES.
MOTION CARRIED UNANIMOUSLY.
B - 074 -2011 Exterior Improvements
Address: 2560 S. Ocean Boulevard
Applicant: 2560 S. Ocean Boulevard Condominium Association Inc.
Architect: Douglas Root Architects Inc.
Project Description: Landscaping and exterior improvements to enhance the property's aesthetic
design, sense of arrival and curb appeal by adding architectural lobby design, replacing balcony
rails and making landscape improvements
Please note that at the October meeting, this project was not heard, but was deferred to the
November meeting.
Call for disclosure of ex parte communication: Disclosures by Mrs. Vanneck and Mr. Zukov
ARCHITECTURAL PRESENTATION BY: Douglas Root, Architect
LANDSCAPE PRESENTATION BY: Kelly Hults, Witkin Hults Design Group
Mr. Root explained the proposal's major components: the existing vertical picket railing will be
replaced with lightly tinted, transparent, glass railing with a silver frame (material undetermined);
a new porte cochere and portico are planned to emphasize a new entrance to the condominium and
provide a sheltered entrance; a 240 sq. ft. management office is planned adjacent to the lobby; and
landscape/hardscape improvements. Kelly Hults presented additional landscape material,pool
deck and cookout enhancements, and entrance piers and sign embellishments.
Under commission comments, concerns were expressed about the scale and design of the porte
cochere, the use of all of this glass being more like Miami Beach than Palm Beach, and the scale
of the landscape material against the building.
3
42
MOTION BY MR. HOMES FOR DEFERRAL.
MOTION FAILED FOR LACK OF SECOND, BUT THEN....
MOTION SECONDED BY MR. KARAKUL.
MOTION CARRIED 6-1, WITH MR. GRUSS OPPOSED.
B. MAJOR PROJECTS -NEW BUSINESS (10:05:55 a.m.)
B - 076 -2011 New Residence
Address: 202 Plantation Road
Applicant: Michael L. & Suzanne H. Ainslie
Architect: Dailey Janssen Architects, Roger Janssen
Project Description: Proposed new two-story residence with 5,356 air conditioned square feet
with pool, hardscape, landscape and site lighting on vacant lot at 202 Plantation Road
Call for disclosure of ex parte communication: Disclosures by several members
ARCHITECTURAL PRESENTATION BY: Roger Janssen, Dailey Janssen Architects
LANDSCAPE PRESENTATION BY: Keith Williams, Mario Nievera Design Inc.
Mr. Janssen presented the one and two-story residence for this corner lot, with a front facing
garage tucked into the side and set back from the front facade. The style is West Indies/Colonial
with white stucco, white cement the roof, white outlookers, solid mahogany front door with
sidelites, operable black green Colonial shutters, and white Chippendale railings. Mr. Williams
presented the submitted landscape plans noting that the existing Sapodilla and Adonidia Palms
will be retained. The driveway material, light colored pavers, will pave the two driveway
entrances. A long lap pool with spa is proposed.
MOTION BY MR. HOMES FOR APPROVAL AS PRESENTED, WITH THE
CONDITION THAT HIGHER LANDSCAPING BE ADDED TO THE RIGHT OF THE
FRONT DOOR.
MOTION SECONDED BY MR. KARAKUL.
MOTION CARRIED UNANIMOUSLY.
Ted Cooney, 495 North Lake Way, made a suggestion relative to pickets on the east site wall.
Let the record show that there was a short recess at 10:23. The meeting reconvened at 10:33 a.m.
B - 077 -2011 Landscaping
Address: 40 Cocoanut Row
Applicant: The Breakers Palm Beach
Architect: Jon E. Schmidt& Associates Inc.
Project Description: The Breakers recently purchased the property located at 40 Cocoanut Row
and desire to upgrade the landscaping to improve the aesthetic value for employees,patrons and
the public. The drive-thru area within the Limits of Work will create green space of
approximately 1,181 square feet with a landscape focal point. The proposed focal point adjacent
to the teller drive-thru area will utilize Bismarck Palms in combination with decorative understory
accents and plantings to improve the overall appearance of the property.
Call for disclosure of ex parte communication: Disclosure by Mr. Knowles
4
43
ARCHITECTURAL PRESENTATION BY: Jon Schmidt, Jon E. Schmidt &Associates Inc.
Mr. Schmidt explained that the four drive thru lanes will be reduced to one drive thru lane with a
central drop off court and some pavement improvements. The driveway entrance width has been
reduced from 40 ft. to 25 ft. The proposal will yield additional green space as stated above. Mr.
Schmidt reviewed the new landscaping for the site, indicating that some uplighting is also
proposed. The commission was very pleased with the project, and thanked the Breakers for
improving the property.
MOTION BY MRS. VANNECK FOR APPROVAL AS PRESENTED.
MOTION SECONDED BY MESSRS. ZUKOV AND KARAKUL SIMULTANEOUSLY.
MOTION CARRIED UNANIMOUSLY.
B - 078 -2011 Demolition and New Construction
*ARCOM TO MAKE RECOMMENDATION RELATIVE TO VARIANCE(S)*
Address: 221 Ocean Terrace
Applicant: Robert& Helen Ficalora
Architect: MP Design-Architecture Inc.
Project Description: Demolition of existing residence; New one and two story residence (similar
to previous approval)pool, landscape and hardscape. Variance requested for point of
measurement.
Call for disclosure of ex parte communication: Disclosures by several members
VARIANCE PRESENTATION BY: Attorney Maura Ziska
ARCHITECTURAL PRESENTATION BY: Michael Perry, MP Design-Architecture Inc.
LANDSCAPE PRESENTATION BY: Daryl McCann, Gregory Lombardi Design Inc.
Ms. Ziska testified that in 2009, a project for additions to this home, along with the required
variances had been approved. In December of 2010, that project for additions was approved
again. Because of financing issues, the owner has elected to abandon the project for additions in
favor of demolition and new construction. The new home will essentially be the same home that
is proposed for demolition, only with the additions (which had been previously approved) added
to the new house. The point of measurement variance is requested again because of a grade
change.
Michael Perry provided the demolition report for the existing residence, and Mr. McCann
reviewed the landscape materials which will remain through the demolition.
MOTION BY MRS. VANNECK FOR APPROVAL OF THE DEMOLITION, WITH THE
TYPICAL CAVEATS FOR SODDING AND IRRIGATING.
MOTION SECONDED SIMULTANEOUSLY BY MR. ZUKOV.
MOTION CARRIED UNANIMOUSLY.
Staff testified that no new letters of objection had been received relative to this project, other than
the letter which had been received in 2009 objecting to the variance request at that time.
5
44
Mrs. Vanneck asked for a review of the architecture, even though the architecture had been
previously approved by the commission. She commented that because the owner had not, in
2009, requested demolition, ARCOM approved the project even though there was some hesitation
to do so. Mrs. Vanneck felt that since the home is being demolished now, there is an opportunity
to present excellent architecture for the new home. Mr. Perry responded that this is the house that
the owners want.
MOTION BY MR. ZUKOV THAT IMPLEMENTATION OF THE PROPOSED
VARIANCE WILL NOT CAUSE NEGATIVE ARCHITECTURAL IMPACT TO THE
SUBJECT PROPERTY.
MOTION SECONDED BY MR. KARAKUL.
MOTION CARRIED 6-1, WITH MRS. VANNECK OPPOSED.
MOTION BY MR. ZUKOV FOR APPROVAL OF THE ARCHITECTURE AS
PRESENTED.
MOTION SECONDED BY MR. KARAKUL.
MOTION CARRIED 6-1, WITH MRS. VANNECK OPPOSED.
B - 079 - 2011 Demolition and New Residence; Guest house alterations
Address: 111 El Brillo Way
Applicant: Ryan Brant
Architect: Smith and Moore Architects Inc.
Project Description: Demolition of an existing two story residence. Construction of a new two-
story residence, hardscape and landscape. Alterations to an existing one-story guest house.
Call for disclosure of ex parte communication: Disclosures by several members
Let the record show that Mr. Karakul declared a voting conflict with regard to this project. (Mr.
Ives now voting.) Voting Conflict form on file.
ARCHITECTURAL PRESENTATION BY: Harold Smith, Smith and Moore Architects Inc.
LANDSCAPE PRESENTATION BY: Jeff Brophy, Land Design South
Mr. Smith provided the demolition report and Mr. Brophy stated that the landscaping will remain
except for Sabal Palms at a few places on site. Mrs. Vanneck questioned why the plans include
retaining Ficus which is in poor condition.
MOTION BY MRS. VANNECK FOR APPROVAL OF THE DEMOLITION WITH THE
TYPICAL CAVEATS FOR SODDING AND IRRIGATING,AND WITH THE
CONDITION TO REMOVE ALL FICUS THAT IS IN POOR CONDITION,AND TO
SEEK OTHER PLANT ALTERNATIVES FOR REPLACEMENT.
MOTION SECONDED BY MR. HOMES.
MOTION CARRIED UNANIMOUSLY.
Discussion continued relative to the white fly problem related to Ficus in the Town. Ted Cooney,
495 North Lake Way, speaking on behalf of the neighbor, ARCOM member, Kenn Karakul,
commented that Mr. Karakul would appreciate the maintenance of a buffer during demolition and
construction at this adjacent property. It was noted that the contractor can erect a temporary
buffer. Mr. Page advised that meetings are being held at the Town Council level relative to how
to handle the white fly problem.
6
45
Architect Harold Smith informed that the existing pool shell will be retained, as well as the small
guesthouse, which will be re-roofed and will have its windows and doors replaced. Mr. Smith
described the new house as having a two-story mass with one-story wings, with attempts to
achieve an Asian peaceful design that is very open to the outside. The front facing garage is
positioned 85 ft. from the street and will be screened. Some house features: Exterior skin of two
differing textures, heavier on the base; substantial second floor deck areas and balconies; broken
pitch roof with red concrete the roof with broom finish; mahogany trim; casement windows with
transom above on first floor;painted aluminum railings; and, island type shutters on second floor
front windows. Mr. Brophy continued with the landscape/hardscape: Additional clustered
Coconut Palms; light colored pavers with darker bands; much focus on the front of the house and
property; and, new pedestrian wrought iron and mahogany gate.
Under commission comments, there were comments, both pro and con. While some members
loved the design, others commented that the architecture was not in keeping with the rest of the
block; problem with roof style; rear landscaping inferior to front landscaping; and, lack of
cohesion with the architecture.
MOTION BY MR. HOMES FOR DEFERRAL TO THE DECEMBER MEETING.
MOTION SECONDED BY MRS. VANNECK.
MOTION CARRIED UNANIMOUSLY.
B - 080 -2011 Demolition
Address: 40 Blossom Way
Applicant: The 40 Blossom Way Trust, Maura Ziska Trustee
Architect: Smith and Moore Architects, Inc.
Architect: Smith and Moore Architects, Inc.
Project Description: Demolition of existing two-story residence,pool and shed
Call for disclosure of ex parte communication: No disclosures
ARCHITECTURAL/LANDSCAPE PRESENTATION BY: Harold Smith, Smith and Moore
Architects, Inc.
Mr. Smith presented that demolition report for the structure, and explained the landscape material
which will be retained in the course of the demolition, the large trees masses (front and rear) and
all perimeter landscaping.
MOTION BY MRS. VANNECK FOR APPROVAL OF THE DEMOLITION, WITH THE
TYPICAL CAVEATS FOR SODDING AND IRRIGATING,AND NOTING THAT
THERE CAN BE NO DEMOLITION UNTIL MARCH OF 2012.
MOTION SECONDED BY MR. HOMES.
MOTION CARRIED UNANIMOUSLY.
7
46
C. MINOR PROJECTS - OLD BUSINESS (11:27:46 a.m.)
A - 025 -2011 Awning & Signage
Address: 238 Worth Avenue
Applicant: Property Owner: Burton Handelsman for MacKenzie-Childs (Store Mgr: Renee
Bakarian)
Architect: Jason P. Drobot, R.A.
Project Description: Addition of a fabric awning and signage
Please note that after hearing this project, it was deferred to the November meeting.
Please note that the applicant has requested another deferral.
MOTION BY MRS. VANNECK FOR DEFERRAL TO THE DECEMBER MEETING.
MOTION SECONDED BY MR. HOMES.
MOTION CARRIED UNANIMOUSLY.
D. MINOR PROJECTS -NEW BUSINESS (11:28:26 a.m.)
A - 027 - 2011 Generator, Site work, Additions/Renovations
Address: 210 Ridgeview Drive
Applicant: Brian and Jane Hurley
Architect: David Lawrence
Project Description: Conversion of a section of the driveway to a walled garden; replacing all
windows and garage door; Adding a generator, sound enclosure and masonry screen walls;
expanding family room; adding a jacuzzi; adding a porch and French doors.
Call for disclosure of ex parte communication: No disclosures
ARCHITECTURAL PRESENTATION BY: David Lawrence, David Lawrence Architecture
LANDSCAPE PRESENTATION BY: Frank Marone, Environment Design Group
The walled garden will be located in front of the living room and will include a reflecting fountain
with black Mexican beach rock around it. In the rear, the pool exists,but a jacuzzi and small
sculpture will be added. New limestone paving and an accent band of black Mexican beach rock
will be placed around the pool, along with limestone coping. The generator with 3 wall-enclosure
will be placed on far northeast side of the property, and a/c units will be screened.
Under comments: Love the front, not the rear; too much paving in rear...perhaps add grass joints.
Mr. Lindgren noted that this is an existing home, so changes to the rear are outside of ARCOM's
purview.
MOTION BY MR. KARAKUL FOR APPROVAL AS PRESENTED.
MOTION SECONDED BY MR. HOMES.
MOTION CARRIED UNANIMOUSLY.
A - 029 -2011 Securi . Li.hts
Address: 271 La Puerta Way
Applicant: David and Stephanie Long
Contractor: Castillo Electric LLC
Project Description: Install security lights (4)
8
47
Call for disclosure of ex parte communication: No disclosures
PRESENTATION BY: Vincent Castillo, Electrical Contractor
Mr. Castillo explained that the proposal is to protect the home with motion sensitive security
downlighting, 75 watts/bulb and 150 watts/location.
The commission was concerned regarding light pollution, and the fact that all lights will go on if
motion is detected. A suggestion for 50 watt bulbs was made.
MOTION BY MR. HOMES FOR DEFERRAL (TO DECEMBER) WITH THE REQUEST
THAT THE LIGHTS BE SHIELDED TO CONTROL LIGHT POLLUTION AND THAT
THEIR OPERATION IS SEGREGATED SO THEY DO NOT ALL COME ON AT ONCE.
A photometric plan was recommended.
MOTION SECONDED BY MR. KARAKUL.
MOTION CARRIED 5-2, WITH MRS. VANNECK AND MR. GRUSS OPPOSED.
A - 030 - 2011 Awning
Address: 304 Atlantic Avenue, #4
Applicant: James M. Ireland
Architect: Bridges Marsh& Associates
Project Description: Installation of one retractable, rollout 10'x18' awning on the first floor and
one 6'8"x19' retractable, rollout awning on the second floor
Call for disclosure of ex parte communication: No disclosures
PRESENTATION BY: Attorney M. Timothy Hanlon and Mike Greene, Premier Awning
Mr. Greene explained that the color of the retractable awnings, with scalloped edge and banding,
will match the color of the exterior walls. It was noted that the homeowners association has
approved the project.
MOTION BY MR. GRUSS FOR APPROVAL AS PRESENTED.
MOTION SECONDED BY MR. HOMES.
MOTION CARRIED UNANIMOUSLY.
At this time, the project for 1071 North Ocean Boulevard was reconsidered.
MOTION BY MRS. VANNECK TO RECONSIDER B-071-2011.
MOTION SECONDED BY MR. HOMES.
MOTION CARRIED UNANIMOUSLY.
B - 071 - 2011 Demolition/Construction New Residence (Reconsidered)
Address: 1071 North Ocean Boulevard
Applicant: 1071 North Ocean Boulevard Trust dated April 19, 2011, Maura Ziska, Trustee
Architect: Smith and Moore Architects, Inc.
Project Description: Demolition of an existing two-story residence and construction of a new
two-story residence and pool. Final hardscape and landscape.
9
48
Attorney Ziska addressed the previous motion for deferral of this project. She clarified that the
model had not been updated, and there was no requirement to do so. The plans have been revised,
but inadvertently one of the plans from last month, was still included in the set. Ms. Ziska asked
that it be disregarded. As to the expressed wind load concern relative to the proposed roof tiles,
Ms. Ziska stated that the owner has been advised by a prominent roofing contractor that the roof
tiles can be used in this application, and the owner plans to proceed with the roof tiles as
presented. Robert Moore, former Building Official for the Town, stated that the contractor must
follow the manufacturer's specifications for the roof material. He advised that the owner accepts
the risk related to the roof tiles, if any, and noted that wind load should not be a concern of
ARCOM.
Mrs. Vanneck explained that this is a very large piece of property and a very large project with
many details, so the submitted documents should be correct. Mr. Zukov reiterated his request for
a full north and south elevation so the commission can make an informed decision.
He also maintained that the plan and the elevation do not agree. The architect, Mr. Smith,
testified that they had done the best that they could within a short time frame to revise the
drawings in full, but admitted that they had provided some sketches instead of full plans.
The property owners, Danielle and Vahan Gureghian addressed the commission stating: this is
their dream home and it is exactly what they want; "this is the best it's going to get"; they are not
willing to make many more changes; they had last month's meeting transcribed so that all of the
issues expressed could be addressed; and, they do not need any variances and believe they have
moved forward in good faith.
Mr. Vila called for comments and a new motion. Some members still were not in favor of aspects
of the design.
MOTION BY MR. HOMES FOR APPROVAL OF THE PROJECT SUBJECT TO
VERIFICATION OF ACCURACY ( OF THE DRAWINGS),AND NOTING THAT THE
APPROVAL INCLUDES THE LANDSCAPING.
MOTION SECONDED BY MR. KNOWLES.
MOTION CARRIED 4-3, WITH MR. ZUKOV, MRS. VANNECK AND MR. GRUSS
OPPOSED.
X. COMMUNICATIONS FROM CITIZENS (3 MINUTE LIMIT PLEASE) (12:2 :47 a.m.)None
XI. COMMENTS OF THE ARCHITECTURAL COMMISSION AND DIRECTOR OF PLANNING
ZONING AND BUILDING DEPARTMENT: (12:25:51 a.m.)
Mr. Karakul commented that ARCOM spends a good deal of time reviewing signage requests in detail.
As such, he questioned the appropriateness of the placement of large trailers with lighted flashing Click It
or Ticket signs at various Town locations. Mr. Page will look into this.
Mr. Knowles brought up the subject of the membership requirements for the architects who serve on
ARCOM.
Members asked staff to ensure that complete, correct, and legible presentations be submitted. Mrs.
Vanneck requested full landscape elevations. Mr. Lindgren stated that he will investigate making the
plans available online to the members, in a password protected system.
10
49
Dr. Phillips stated he was very pleased to become an ARCOM member.
XII. ADJOURNMENT:
MOTION BY MRS. VANNECK FOR ADJOURNMENT AT 12:52 P.M.
MOTION SECONDED BY MR. KARAKUL.
MOTION CARRIED UNANIMOUSLY.
The next meeting of the Architectural Commission will be held on Friday, December 16, 2011 at
9:00 a.m. in the Town Council Chambers, Town Hall, 2nd floor, 360 South County Road, Palm
Beach.
Respectfully submitted,
Robert J. Vila,Acting Chairman
ARCHITECTURAL COMMISSION
cmd
11
50
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Resolutions
Agenda Title
RESOLUTION NO. 154-2011 A Resolution of the Town Council of the Town of Palm
Beach, Palm Beach County, Florida, Establishing a Revised Design Phase Budget of
$25,500 and Authorizing an Increase to the Purchase Order in the Amount of$3,500 for the
Public Works Addition Design Services, an Accelerated Capital Project for the Town of
Palm Beach.
Presenter
H. Paul Brazil, Director of Public Works
Supporting Documents
Memorandum dated November 22, 2011, from H. Paul Brazil, Director of Public
Works.
• Resolution No. 154-2011
• Letter dated November 23, 2011, from Mark Marsh.
• Design Plans
• Additional Funding Breakdown
51
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
Via: Peter B. Elwell, Town Manager
From: H. Paul Brazil, P.E., Director of Public Works
Re: Public Works Building Addition for Water Resources Revised Contract Amount for
Design Services for Bridges, Marsh and Associates, Inc.
Resolution No. 154-2011
Date: November 22, 2011
STAFF RECOMMENDATION
Town staff recommends that Town Council approve Resolution No. 154-2011 approving an
increase to the purchase order in the amount of $3,500 for the Public Works building addition for
Water Resources design services provided by Bridges, Marsh & Associates, Inc. (Bridges &
Marsh).
GENERAL INFORMATION
On September 9, 2010, Town Council approved Resolution No. 87-10 awarding a contract for the
D-15 (D-6 & D-7) Pump Station Improvements design services. As a separate item but related to
the D-15 project, staff was asked by Town Council to create new work space at Public Works for
the Water Resources Division that previously worked from the S-1 building in Lakeside Park.
Since that time, staff solicited a proposal from Bridges & Marsh and awarded the design in
February, 2011. Public Works Staff and Bridges & Marsh evaluated the needs and space at Public
Works and plans were finalized with a concept of an elevated office space with work space below
in early May. The concept of the loft office space with work space below within the existing
vehicle maintenance bay allowed Public Works to maximize the usable space within Public Works'
limited footprint to match that previously provided at S-1. Public Works Staff and Purchasing
assembled a Request for Quote (RFQ) package that was sent out to vendors in June. Two bids were
received in mid-July and both exceeded the Town's purchasing thresholds for the Request For
Quote. The consultant was asked to develop a more detailed set of plans and specifications and
address any outstanding comments that were a result of the RFQ process hoping to attract more
bidders and reduce the cost. The plans and specifications were then re-bid under the Town's sealed
bid process in late August. Those sealed bids received in late September again exceeded the
proposed construction budget.
To reduce the cost of construction, the work space and office space for Water Resources will have
to be reduced significantly. Staff plans to use the same base footprint as above but eliminate the
loft, making both the work and office space at the same elevation. Staff will use alternative areas
for storage of Water Resources materials.
52
Staff requested Bridges & Marsh to submit a change order to redesign the work space and office
space at the same elevation, and delete the loft concept.
FUNDING/FISCAL IMPACTS
Funding for this increased design cost is fully contained within the 2010 A Bond series.
PURCHASING REVIEW
This item has been reviewed by the Purchasing Division and approved as recommended.
TOWN ATTORNEY REVIEW
This proposed resolution has 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
Douglas Terry, Water Resources Division Manager
Michael Roach, P.E., Project Engineer
53
RESOLUTION NO. 154-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
ESTABLISHING A REVISED DESIGN PHASE BUDGET OF
$25,500 AND AUTHORIZING AN INCREASE TO THE
PURCHASE ORDER IN THE AMOUNT OF $3,500 FOR THE
PUBLIC WORKS ADDITION DESIGN SERVICES, AN
ACCELERATED CAPITAL PROJECT FOR THE TOWN OF
PALM BEACH.
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 Public Works Addition design contract with Bridges,
Marsh, and Associates, Inc. is hereby increased by $3,500, and a revised design phase budget of$25,500
is hereby approved.
Section 2. The Town Manager, or his designee, is hereby authorized to process a contract change
order on behalf of the Town of Palm Beach for the above referenced project to effectuate the approved
changes to the scope of services and contract price.
PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm
Beach this 13th day of December 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
54
BRIDGES, MARSH & ASSOC.
23 November 2011
Mr. Mike Roach,P.E. '
Town of Pahn Beach
Public Works Dept.
951 Old Okeechobee Rd.
West Palm Beach,FL 33401
RE: RELOCATION OF WATER RESOURCES DEPARTMENT TO
PUBLIC WORKS DEPARTMENT
P.O.# 110693
Dear Mike,
Further to our discussions we are respectfully requesting additional compensation for Additional
Services on the above referenced project.
The original plans were put out to bid via a Town R.F.Q. (Request for Quote),back in June
2011. Quotes received by the Town had exceeded the$100,000 threshold set by the Town's
Purchasing manual.
The following represent the proposed revised scope to be undertaken by the Design Consultants:
A. Architectur4l Services:DESIGN/BID DOCUMENTS:
Revisions/alternates to contract documents—resulting from revised program input
Inclusion of fiill written specifications to supplement specifications defined on
construction documents.
Coordination with Staff and Consultants to confirm suggested modifications to
documents.
B. Structural Services:
..Revision to construction documents to address revised program
Alternate structural system options
BRIDGES,MARSH&Assoc.,INC.
chartered architects
EIGHTEEN VIA MIZNER • PAL-m BEACH,FLORIDA 33480 • 561 832 1533 • FAx:561 832 1520
DCB-x AR 0008738 NII%44AR0009030 GV41AR92276
• 55
C. Mechanical, Electrical and Plumbing Services:
Revision to Construction Documents to address revised program.
D. Assistance with permit review and issuance of building permit.
The above listed services have been provided and we are requesting that original contract figure
be increased by Three Thousand Five Hundred Dollars($3,500.00).
Thanking you for your cooperation in this matter.
You s. Yucerel ,
ark rsh, A
56
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Relocation of Water Resources Dept.
(Additional Services) TOTAL LINE
MEETINGS DESIGN HOURS RATE TOTALS
Architects:
Principal (MM) 3 3 $ 200 $ 600
CADD 16 16 $ 85 $ 1,360
Structural Engineer
Principal 2 2 $ 175 $ 350
Project Manager
CADD 7 7 $ 80 $ 560
M/E/P Engineer
Engineer 2 2 $ 150 $ 300
CADD Design 6 6 $ 65 $ 390
TOTALS $ 3,560
Say $ 3,500
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Resolutions
Agenda Title
RESOLUTION NO. 157-2011 A Resolution of the Town Council of the Town of Palm
Beach, Palm Beach County, Florida, Approving a Professional Service Agreement with
Brannon & Gillespie, LLC and Keshavarz & Associates, Inc. for Underground Utilities
Engineering and Project Management Services and Authorizing the Town Manager to
Execute the Professional Service Agreements on Behalf of the Town.
Presenter
Thomas G. Bradford, Deputy Town Manager
Supporting Documents
Memorandum dated November 18, 2011, from Thomas G. Bradford, Deputy Town
Manager
• Resolution No. 157-2011
• PSA Master Agreement UG Engineering and Project Management
60
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
Via: Peter B. Elwell, Town Manager
From: Thomas G. Bradford, Deputy Town Manager
Re: Approval of Professional Service Agreement for Underground Utilities Engineering
and
Project Management Services—RFQ No. 2011-16
Resolution No. 157-2011
Date: November 18, 2011
STAFF RECOMMENDATION
Staff recommends that Town Council adopt Resolution No. 157-2011, authorizing the Town
Manager to enter into professional service agreements with Brannon & Gillespie, LLC and
Keshavarz & Associates, Inc. to perform engineering and project management services for
proposed underground utilities conversion projects.
GENERAL INFORMATION
Brannon & Gillespie, LLC and Keshavarz & Associates, Inc. were recommended through the
Competitive Consultant's Negotiations Act (CCNA) selection process. The Town Council
accepted this recommendation and awarded the work to the aforementioned firms at the
August 9 Town Council meeting. At that time staff indicated it would return to the Town
Council seeking their approval of the final negotiated professional service agreements.
Contract preparation and negotiations with Brannon & Gillespie, LLC and Keshavarz &
Associates, Inc. have been completed. Accordingly, staff recommends that Resolution No.
157-2011 be approved. The proposed professional service agreement is attached to the
resolution as Exhibit A.
FUNDING/FISCAL IMPACT
Going forward, if this professional service agreement is approved, the cost of any underground
conversion project approved by the Town Council upon submittal of a petition of property
owners will be charged to the line of credit established for such projects or any internal financing
plan that may be established in lieu of the current external financing plan. For a construction
project projected to cost in excess of $100,000, the Town Council's prior approval of the
contract award is required.
61
Any Town initiated underground conversion work will likely be done in conjunction with a
capital project, such as burial of overhead utility lines servicing a stormwater pumping station.
Brannon & Gillespie, LLC and Keshavarz & Associates, Inc. can now be used for that type of
work and the cost and purchase order would be tied to the specific capital project account in such
a scenario.
Miscellaneous underground and related work typically occurs when neighborhoods are trying to
make a determination about going forward with a project to be paid for by the property owners.
This cost is charged to a separate account the Town established for facilitating neighborhood
underground conversion projects. Typically, this type of work entails the engineer providing an
opinion of cost for the property owners to gauge the financial impact of going forward.
Developing an opinion of cost is usually less than $2,000. This account has over $309,000
remaining. A purchase order issued to Brannon & Gillespie, LLC or Keshavarz & Associates,
Inc. in this scenario will likely be for an amount less than $25,000 and within the Town
Manager's contractual authority. This level of funding will accommodate a great deal of
miscellaneous neighborhood planning work and now that we have two qualified firms to use,
preliminary planning work should be able to be completed much faster.
PURCHASING REVIEW
This item has been reviewed and approved by the Purchasing Division of the Finance
Department for award to Brannon and Gillespie, LLC and to Keshavarz & Associates, Inc. per
RFQ No. 2011-16 as recommended by the Selection Committee.
TOWN ATTORNEY REVIEW
The Town Attorney has reviewed and approved the professional service agreement format to be
used by each firm. Resolution No. 157-2011 is a standard resolution in a form previously
approved by the Town Attorney for legal form and sufficiency.
Attachments
cc: H. Paul Brazil, Director of Public Works
Chuck Langley, Senior Engineer
Lynda Venne, Purchasing Agent
John C. Randolph, Town Attorney
n:Vgb\agenda ltems\201 Abackup memo for res no 157-2011 approving psa for ug engineering and project management services 121311 tcm.docx
62
RESOLUTION NO. 157-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING
A PROFESSIONAL SERVICE AGREEMENT WITH BRANNON &
GILLESPIE, LLC AND KESHAVARZ & ASSOCIATES, INC. FOR
UNDERGROUND UTILITIES ENGINEERING AND PROJECT
MANAGEMENT SERVICES AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE PROFESSIONAL SERVICE
AGREEMENTS 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. A non-exclusive professional underground utilities engineering and project
management services agreement for continuing services with Brannon & Gillespie, LLC and
Keshavarz & Associates, Inc., the master form for which is attached hereto as Exhibit A, is
hereby approved and the Town Manager is authorized to execute the same on behalf of the
Town.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of
Palm Beach assembled this 13th day of December,2011.
Gail L. Coniglio, Mayor David A. Rosow, Town Council President
Robert N. Wildrick, 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
63
EXHIBIT
NON-EXCLUSIVE PROFESSIONAL UNDERGROUND UTILITIES ENGINEERING AND
PROTECT MANAGEMENT SERVICES AGREEMENT FOR CONTINUING SERVICES
THIS AGREEMENT,entered into this day of 12011 by and
between THE TOWN OF PALM BEACH,a political subdivision of the State of Florida,
hereinafter referred to as the "TOWN",and (insert name of engineering firm here),a Florida
Corporation,hereinafter referred to as the "ENGINEER".
WITNESSETH
That the TOWN and the ENGINEER,in consideration of their mutual covenants,herein
agree with respect to the performance of underground utilities engineering services by the
ENGINEER and the payment for those services by the TOWN as set forth below and in
individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT"
under which future Purchase Orders will apply.
The ENGINEER shall provide the TOWN with underground utilities engineering
services and such other related services as defined in specific Purchase Orders for each project.
The ENGINEER shall provide or secure necessary professional surveyor services for the project
as set forth in each Purchase Order and shall provide professional surveying services to the
TOWN during the performance of the services to be rendered. The ENGINEER is retained by
the TOWN to perform these services under this non-exclusive continuing contract with the
TOWN.
SECTION 1 -PROJECT(S)
The project(s) anticipated deliverables shall be identified by the TOWN and
communicated to the ENGINEER. The ENGINEER services required shall be identified within a
proposed Scope of Services document to be prepared by the ENGINEER and approved by the
TOWN's representative. Each Purchase Order issued by the TOWN upon approval of the
proposed Scope of Services will be uniquely numbered and shall be subject to the TOWN's
adopted purchasing procedures.
1
Underground Utilities Engineering and Project Management Services Agreement December 2011
64
Services required of the ENGINEER for the project will be described in other
appropriate sections of this Agreement and quantified in individual Purchase Orders.
The categories of the Services that may be required are as follows:
A. Project liaison services
B. Cost estimating
C. Development of easement configurations
D. Utilities (electric, CATV,telecommunications) design service for conversion to
underground
E. Permit Applications
F. Bid Documents preparation
G. Contractor evaluation services
H. Project management services
I. Development of project as-builts
J. Surveying
K. Other work as mutually agreed upon
SECTION II -TOWN OBLIGATIONS
The TOWN agrees to provide the following material, data, or services as required in
connection with the work to be performed under this Agreement:
A. Provide the ENGINEER with available data, drawings, surveys,right-of-way
maps,reports,and other information in the possession of the TOWN that are pertinent
to the project and allowed to be shared.
B. The TOWN shall assist in making provisions for the ENGINEER to enter upon
public or private property as required for the ENGINEER to perform his services.
SECTION III - ALLOTMENT OF PROJECT WORKLOAD TO THE SELECTED
CONTINUING UNDERGROUND UTILITIES ENGINEERING AND PROJECT
MANAGEMENT SERVICE FIRM
The TOWN,through its designated representative, shall,in its sole discretion,assign
work to the Continuing Underground Utilities Engineering and Project Management Services
firm as appropriate. The"Master Agreement" in no way guarantees any future work.
ENGINEER shall have no right to appeal or challenge the TOWN'S decision regarding
distribution of work.
2
Underground Utilities Engineering and Project Management Services Agreement December 2011
65
SECTION IV- SCOPE OF SERVICES
The ENGINEER agrees to perform all necessary professional underground utilities
engineering and project management services in connection with the assigned project(s) as
required and as set forth in the following:
A. General
1. The ENGINEER will endeavor not to duplicate any previous work done
on any project. Before issuance of a Purchase Order and written
authorization to proceed,the ENGINEER shall consult with the TOWN to
clarify and define the TOWN's requirements and deliverables for the
project and review all available data. TOWN may request the
ENGINEER to prepare a written proposed Scope of Services as part of
this process.
2. The ENGINEER shall attend meetings with the TOWN and its
representatives,upon request. Meetings not included in the Purchase
Order shall be treated as additional services when such meetings are
related to approved Purchase Orders.
3. In order to accomplish the work described under this Agreement under
the time frames and conditions set forth in this Agreement,the
ENGINEER shall observe the following requirements:
a. The ENGINEER will complete his work on the project within
the time allowed by maintaining an adequate staff of registered
engineers,project managers, surveyors,, draftsmen,and other
employees as may be required on the work at all times.
Alternatively,the ENGINEER may contract for such services in
lieu of providing the same as employees of the ENGINEER.
b. The ENGINEER shall comply with all federal,state,and local
laws applicable to this project(s). The ENGINEER's work
product shall conform with all applicable federal, state and local
laws applicable to this project(s).
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Underground Utilities Engineering and Project Management Services Agreement December 2011
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C. The ENGINEER shall prepare or provide for all necessary
sketches, drawings,and survey documents as necessary for each
project.
d. The ENGINEER shall reply in a timely manner to the TOWN's
requests for additional information related to the ENGINEER's
work product. The ENGINEER shall cooperate fully with the
TOWN in order that all phases of the work may be properly
scheduled and coordinated.
e. The ENGINEER will contact all known utility companies having
installations in the vicinity of the proposed work and coordinate
locations of utilities,if necessary and included on the Purchase
Order. The ENGINEER shall provide the TOWN with all
obtained information relative to any required utility locations
and installations and shall show all known above and below
ground utilities on all survey work products.
f. The ENGINEER shall report project status to the TOWN'S
Representative upon request and hold all drawings,calculations
and related work open to the inspection of the TOWN'S
Representative or his authorized agent at any time,upon
reasonable request.
4. If sufficient funding has been provided for within the applicable Purchase
Order the ENGINEER shall furnish additional copies of reports,
drawings, sketches,and survey documents as required by the TOWN,but
may charge only for the actual cost of providing such copies where
outsourced and rates included in this Agreement or in the Purchase
Order do not apply. ENGINEER will submit request for reimbursement
in a format as directed by the TOWN's Representative. The ENGINEER
shall furnish to the TOWN the necessary number of sets of the drawings,
sketches, survey documents and other pertinent items as set forth in
individual Purchase Orders. The cost of these sets of documents are not
included in the basic compensation paid to the ENGINEER but will be
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Underground Utilities Engineering and Project Management Services Agreement December 2011
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paid as a direct expense. All created documents, survey notes,field
books,tracings, drawings, sketches,survey documents,and the like
including all items furnished to the ENGINEER by the TOWN pursuant
to this Agreement,are and shall remain the property of the TOWN,and
shall be delivered to the TOWN upon completion of the work if
requested. All items prepared by the ENGINEER shall be created,
maintained,updated,and provided in the format as specified by the
TOWN including but not limited to Print, CADD,PDF,EXCEL,etc.
Unless noted otherwise on the Purchase Order,AutoCAD,Excel,Word,
shall be understood to be standard formats for CAD,Spreadsheet,and
word documents.
5. The ENGINEER acknowledges that preparation of all applicable
drawings,sketches, survey documents,and written or oral responses to
all regulatory agencies' questions about the ENGINEER's work product,
are included within the scope of basic compensation in each particular
Purchase Order. Any additional work required by regulatory agencies
or entity which establish such regulations or need after the effective date
of the particular Purchase Order, shall be an additional service, and the
TOWN shall compensate the ENGINEER in accordance with Section VII -
"Additional Work," of this Agreement,and in accordance with the fee
schedule in an approved Purchase Order.
6. Compensation to the ENGINEER for basic services shall be in accordance
with each Purchase Order,as mutually agreed upon by the ENGINEER
and the TOWN. Schedule of current hourly billing rates are included in
"Exhibit A" incorporated herein by reference and attached hereto,and
will be included as part of each Purchase Order when approved.
ENGINEER shall provide a resource plan,time to complete,and other
information as needed relative to the Purchase Order to support the
TOWN's effective management of the TOWN's business.
SECTION V-TIME FOR COMPLETION
The time for completion of each project shall be defined in the Purchase Order.
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Underground Utilities Engineering and Project Management Services Agreement December 2011
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SECTION VI - COMPENSATION
The TOWN agrees to pay,and the ENGINEER agrees to accept,for services rendered
pursuant to this Agreement,fees in accordance with the following:
A. Professional Services Fee:
The basic compensation shall be agreed upon prior to issuance of each Purchase
Order and the work hours for each discipline and work schedule shall be
included in the Purchase Order. All hourly rates,fees and charges shall be in
accordance with the Schedule of Billing Rates,which is incorporated herein by
reference and attached hereto as Exhibit A,and is to be completed by the
ENGINEER and submitted to the TOWN upon execution of this Agreement. The
TOWN may accept or reject any resource,unit or rate contained therein prior to
Agreement execution and will attempt to negotiate any rejected resource,rate or
unit. Acceptance of the proposed Schedule of Billing Rates shall be in the
TOWN's sole discretion. ENGINEER may request an amendment to the
resources,units or rates contained within the Schedule of Billing Rates,but may
not do so any less often than annually following the execution of the Agreement
or the approval of a revised Schedule of Billing Rates by both parties.
B. Direct Payment for Additional Services:
The TOWN agrees to pay on a direct basis for services or goods provided by
others working in conjunction with the ENGINEER,as follows:
1. Printing and Reproduction. The TOWN shall make direct payment to the
ENGINEER for the cost of printing project plan sheets required for
project coordination. The maximum cost allowed per printed sheet
utilized for this purpose shall be set forth in the schedule of billing rates.
2. All travel expenses must be agreed to in advance by Purchase Order and
included therein. Travel is defined as a day trip or overnight stay(s)
outside the confines of Broward,Martin or Palm Beach counties.
3. Mileage reimbursement shall be made based upon the adopted IRS
mileage reimbursement rate allowed at the time of occurrence of the
mileage,but only for approved work related travel within the confines of
Broward,Martin and Palm Beach counties.
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4. Surveying and other work as mutually agreed upon.
SECTION VII -ADDITIONAL WORK
Additional work occurs when the TOWN requests changes after it has issued a Purchase
Order and notice-to-proceed. Additional work shall not commence until a Purchase Order for
the additional work has been formally issued by the TOWN's Representative,and the
additional work shall be performed in accordance with the fee schedule set forth in Exhibit"A".
SECTION VIII -PAYMENTS
The TOWN shall make monthly partial payments to the ENGINEER as provided for in
the Purchase Order. Unless otherwise stated in the Purchase Order,the ENGINEER shall
submit duly certified invoices to the TOWN's Representative for review monthly. Invoices shall
indicate the Purchase Order,and deliverables provided. The Purchase Order shall be divided
into units of deliverables which may include,but not be limited to,electronic files,reports,
findings, drawings,and drafts that must be received and accepted in writing by the TOWN's
Representative prior to payment.
SECTION IX- RIGHT OF DECISIONS
All services shall be performed by the ENGINEER to the satisfaction of the TOWN's
Representative who shall decide all questions, difficulties,and disputes of whatever nature
which may arise under or by reason of this Agreement,according to the prosecution and
fulfillment of the service hereunder,and the character,quality,amount and value thereof. The
TOWN's Representative's decision upon all claims,questions and disputes shall be final,
conclusive and binding.
Adjustments of compensation and contract time because of any major changes in the
work that might become necessary or be deemed desirable as the work progresses shall be
reviewed and approved by the TOWN's Representative prior to the ENGINEER beginning his
work on such changes.
SECTION X- OWNERSHIP AND REUSE OF DOCUMENTS
A. Ownership and Copyright:
Unless agreed otherwise, ownership and copyright of all reports,tracings,plans,
specifications,field books, survey information,maps,contract documents, data,
and other deliverables developed by the ENGINEER pursuant to this
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Agreement, shall be vested in the TOWN. Said materials shall be made available
by the ENGINEER at any time upon request of the TOWN.
B. Reuse of Documents:
All documents,including but not limited to reports, drawings and specifications,
prepared by the ENGINEER pursuant to this Agreement,are related to the
services described herein. They are not intended for reuse by the TOWN on any
other project. The TOWN's reuse of any document or drawing shall be at the
TOWN's own risk.
SECTION XI-NOTICES
Any notices,reports or other written communications from the ENGINEER to the
TOWN shall be considered delivered when posted by certified mail or delivered in person to
the TOWN's Representative. Any notices,reports or other communications from the TOWN to
the ENGINEER shall be considered delivered when posted by certified mail to the ENGINEER
at the last address left on file with the TOWN or delivered in person to said ENGINEER or his
authorized representative. Unless TOWN is subsequently notified otherwise,the ENGINEER's
address shall be as shown in this Agreement.
SECTION XII-TERMINATION
Either party may terminate this Master Agreement upon thirty (30) days written notice
to the other party,except that in the event the ENGINEER terminates this agreement, such
termination shall not be effective,absent the TOWN's consent,until the ENGINEER's
completion or partial completion,to the TOWN's satisfaction, of any Purchase Order in
progress.
SECTION XIII -AUDIT RIGHTS
The TOWN reserves the right to audit the records of the ENGINEER related to this
Agreement at any time during the prosecution of the work included herein and for a period of
three years after final payment is made.
SECTION XIV- SUBLETTING
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The ENGINEER shall not sublet,assign, or transfer any work under this Agreement
without the written consent of the TOWN. When applicable and upon receipt of such consent
in writing,the ENGINEER shall cause the names of the firms responsible for the major portions
of each separate specialty of the work to be inserted on the reports or other data,including a
description of their respective contribution to the work product.
SETION XV-WARRANTY
The ENGINEER warrants that he has not employed or retained any company or person
other than a bona fide employee working solely for the ENGINEER,to solicit or secure this
Agreement,and that he has not paid or agreed to pay any company or person other than a bona
fide employee working solely for the ENGINEER any fee,commission,percentage fee, gifts or
any other considerations,contingent upon or resulting from the award or making of this
Agreement. For the ENGINEER's breach of violation of this warranty,the TOWN shall have
the right to terminate this Agreement without liability.
SECTION XVI -DURATION OF AGREEMENT
The Master Agreement shall remain in full force and effect for a period of three years
after the date of, or until completion of all project phases of the then Work Orders in progress,
or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant
to Section XII. By mutual agreement of both parties,this Agreement may be extended for a
period of two additional years at the discretion of the TOWN.
SECTION XVII -INSURANCE
A.
The ENGINEER shall not commence work under this Agreement until all insurance required
under this Agreement has been obtained and such insurance has been approved by the TOWN.
All insurance policies shall be issued by companies authorized to do business under the laws of
the State of Florida. The ENGINEER shall furnish Certificates of Insurance to the TOWN'S
representative. The Certificates shall clearly indicate that the ENGINEER has obtained
insurance of the type, amount, and classification as required for strict compliance with this
Agreement and that no material change or cancellation of the insurance shall be provide
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immediate written notice to the TOWN'S representative. Compliance with the foregoing
requirements shall not relieve the ENGINEER of their liability and obligations under this
Agreement.
ENGINEER shall,at its sole expense,agree to maintain in full force and effect at all times during
the life of this Contract, insurance coverages, limits, including endorsements, as described
herein. The requirements contained herein, as well as TOWN'S review or acceptance of
insurance maintained by ENGINEER are not intended to and shall not in any manner limit or
qualify the liabilities and obligations assumed by ENGINEER under the contract.
The successful consultant(s) shall provide insurance coverage as follows:
1. Professional Liability - ENGINEER shall agree to maintain Professional Liability or
equivalent Errors & Omissions Liability at a limit of liability not less than$1,000,000 Per
Occurrence. When a self-insured retention (SIR) or deductible exceeds $25,000 the
TOWN reserves the right, but not the obligation, to review and request a copy of
ENGINEER'S most recent annual report or audited financial statement. For policies
written on a "Claims-Made" basis, ENGINEER warrants the Retroactive Date equals or
precedes the effective date of this contract (Certi cate of Insurance shall specify: Retro date-
Full prior acts coverage applies). In the event the policy is canceled, non-renewed,
switched to an Occurrence Form, retroactive date advanced; or any other event
triggering the right to purchase a Supplemental Extended Reporting Period (SERP)
during the life of this Contract, ENGINEER shall agree to purchase a SERP with a
minimum reporting period not less than three (3) years. ENGINEER shall agree this
coverage shall be provided on a primary basis. The Certificate of Insurance must
indicate whether coverage is written on an occurrence or claims-made basis and must
indicate the amount of any SIR or deductible.
2. Commercial General Liability, Automobile Liability And Workers' Compensation -
ENGINEER shall agree to maintain Commercial General Liability at a limit of liability
not less than$1,000,000 Each Occurrence.
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ENGINEER shall agree to maintain Business Automobile Liability at a limit of liability
not less than $1,000,000 Each Occurrence for all owned, non-owned and hired
automobiles. In the event ENGINEER does not own any automobiles,the Business Auto
Liability requirement shall be amended allowing ENGINEER to agree to maintain only
Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by
way of endorsement to the Commercial General Liability, or separate Business Auto
coverage form. ENGINEER shall agree this coverage shall be provided on a primary
basis. ENGINEER shall agree to maintain during the life of this Agreement, Workers'
Compensation Insurance and Employer's Liability in accordance with Florida Statute
Chapter 440 or an exemption letter from the State of Florida. ENGINEER shall agree
this coverage shall be provided on a primary basis.
3. Umbrella Or Excess Liability - If necessary, ENGINEER may satisfy the minimum
limits required above for either Commercial General Liability, Business Auto Liability,
or Employers Liability coverage under Umbrella or Excess Liability. The Umbrella or
Excess Liability shall have an Aggregate limit not less than the highest Each Occurrence
limit for either Commercial General Liability, Business Auto Liability, or Employers
Liability. The Town shall be specifically endorsed as an "Additional Insured" on the
Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or
Excess Liability provides coverage on a "Follow-Form" basis.
4. Additional Insured - ENGINEER shall agree to endorse the Town as an Additional
Insured to the Commercial General Liability. The Additional Insured endorsement shall
read "Town of Palm Beach, Including Police Department, all Officers, Employees,
Elected and Appointed Committees, and Commissions. ENGINEER shall agree the
Additional Insured endorsements provide coverage on a primary basis.
5. Waiver Of Subrogation - ENGINEER shall agree, by entering into this Contract, to a
Waiver of Subrogation for each required policy. When required by the insurer, or
should a policy condition not permit an Insured to enter into an pre-loss agreement to
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74
waive subrogation without an endorsement, then ENGINEER shall agree to notify the
insurer and request the policy be endorsed with a Waiver of Transfer of Rights of
Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement
shall not apply to any policy, in which a condition to the policy specifically prohibits
such an endorsement, or voids coverage should ENGINEER enter into such an
agreement on a pre-loss basis.
The ENGINEER shall provide original certificates of such coverage prior to engaging in any
activities under the contract. No work can be started until the certificates are submitted and
approved by the Town.
SECTION XVIII -INDEMNIFICATION
To the fullest extent allowed by law the ENGINEER shall protect, defend, reimburse,
indemnify and hold harmless the TOWN, and the TOWN's officers, agents, employees free and
harmless from and against any and all claims, losses, penalties, damages, settlements, costs,
charges, attorneys or other professional fees, or other expenses or liabilities of every kind and
character arising out of or relating to any and all claims, liens, demands, obligations, actions,
proceedings, cause or causes of action of every kind and character in connection with, or arising
directly or indirectly out of or related to this Contract and the Work performed hereunder.
Without limiting the generality of the foregoing, ENGINEER's indemnity shall include all
claims, damages, losses, or expense arising out of or related to personal injury, death, damages to
property, defects in materials or workmanship, actual or alleged infringement of any patent,
trademark, copyright, proprietary information, or applications of any thereof, or of any other
tangible or intangible personal or property right, or any actual or alleged violation of any
applicable statute, ordinance, administrative order, rule or regulation, or order of any court.
ENGINEER agrees to investigate, respond, adjust and provide a defense for, all and any such
claims, demands and actions at ENGINEER's sole expense and agrees to bear and remain liable
for all such other costs and expenses relating thereto, even if such claim is groundless, false or
fraudulent. Notwithstanding the foregoing, ENGINEER's indemnity shall not extend to liability
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for damages to persons or property to the extent such damage was caused by any act, omission,
or default of the TOWN, or by the TOWN's officers, agents and employees.
ENGINEER acknowledges and agrees that TOWN would not enter into a contract without this
indemnification of TOWN by ENGINEER, and that TOWN'S entering into a contract shall
constitute good and sufficient consideration for this indemnification. These provisions shall
survive the expiration or earlier termination of the Contract. Nothing in this Contract shall be
construed to affect in any way the TOWN'S rights, privileges, and immunities as set forth in
Florida Statutes 768.28.
SECTION XIX- SAFETY
In accordance with generally accepted practices,the ENGINEER shall report any
observed job site safety violations to the TOWN and to the Contractor's Representative.
Although the Engineer accepts this responsibility,it is acknowledged by the parties that the
Engineer does not have an expertise in job site safety.
SECTION XX-CONTRACTUAL AGREEMENT:
RFQ No 2011-16 - Underground Utilities - Engineering and Project Management
Consultant is included and incorporated herewith in its entirety as Exhibit B. The order of
contractual precedence will be this Agreement document, original Terms and Conditions, and
ENGINEER's response.
SECTION XXI-PUBLIC RECORDS:
Upon award recommendation or ten (10) days after opening, whichever occurs first,
proposals become "public records" and shall be subject to public disclosure consistent with
Chapter 119 Florida Statutes. Proposers must invoke the exemptions to disclosure provided by
law in the response to the RFQ, and must identify the data or other materials to be protected,
and must state the reasons why such exclusion from public disclosure is necessary. Document
files may be examined, during normal working hours.
SECTION XXII-NEWS RELEASES:
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The ENGINEER shall obtain the prior approval of the Town Manager's Office or the
prior approval of the office of the Director of Public Works of all news releases or other
publicity pertaining to Purchase orders for each project.
SECTION XXIII-FAMILIARITY WITH LAWS: The ENGINEER is assumed to be familiar
with all federal, state and local laws, ordinances, rules and regulations that may in any manner
affect the work. The failure to familiarize himself with applicable laws will in no way relieve
him from responsibility.
SECTION XXIV-PERMITS,TAXES, LICENSES: The ENGINEER shall at his own expense
obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local
ordinances, state and federal laws,rules and regulations applicable to business to be carried out
under the contract. Proposers, both corporate and individual must by fully licensed and
certified in the State of Florida at the time of this Agreement.
SECTION XXV- CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Venue for any
lawsuit brought by either party against the other party or otherwise arising out of this
Agreement shall be in Palm Beach County,Florida, or in the event of a federal jurisdiction,in
the United States District Court for the Southern District of Florida.
SECTION XXVI -ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the parties
hereto,and there are no other Agreements and understandings, oral or written,with reference
to the subject matter hereof that are not merged herein and superseded hereby. No alteration,
change, or modification of the terms of this Agreement shall be valid unless made in writing
and signed by both parties hereto.
SECTION XXVII- SEVERABILITY
In the event any provision, section or paragraph of this Agreement is determined by a
court of competent jurisdiction to be void,illegal, or unenforceable,the remaining portions not
found to be void,illegal, or unenforceable, shall remain in full force and effect.
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IN WITNESS WHEREOF the parties hereto have set their hand to and executed this
Agreement this day of 2011.
ENGINEER: TOWN:
Engineering Firm Name Town of Palm Beach
Street Address 360 South County Road
City,State,zip code Palm Beach,Florida 33480
By:
John C. Randolph,Esq.,Attorney
For Legal Form and Sufficiency
BY: BY:
Peter B. Elwell,Town Manager
Town of Palm Beach
Title:
(If not PRESIDENT,attach evidence of authority to sign.)
ATTEST:
Susan B. Owens,Town Clerk
Town of Palm Beach
WITNESS:
(Town Seal)
ENGINEER FIRM CERTIFICATE
I, of
(corporation), hereby certify that is a
of the firm and, is authorized to perform professional services in
the name, and on behalf of . I further certify that
the foregoing is consistent with the By-Laws of the said corporation, and has not been
modified or rescinded.
IN WITNESS WHEREOF, I have executed this certificate and have caused the corporate
seal of to be hereunder affixed on this day of
, 2011.
(Seal)
Clerk of the Corporation
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Underground Utilities Engineering and Project Management Services Agreement December 2011
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EXHIBIT
-SCHEDULE OF BILLING RATES
Office Resources: Unit: Rate:
(hour, mile, etc.) ($/Unit)
Principal in Charge Per Hour
Project Manager Per Hour
Senior Engineer Per Hour
Engineer Mechanical, Electrical, Plumbing) Per Hour
Sr. Designer Per Hour
Designer Mechanical, Electrical, Plumbing) Per Hour
Construction Administration Per Hour
CADD Operator Per Hour
Office Administrator Per Hour
Principal in Charge Per Hour
Project Manager Per Hour
Field Resources: Unit: Rate:
(hour, mile, etc.) ($/Unit)
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Equipment Resources: Unit: Rate:
(ea, hour, mile, etc.) ($/Unit)
Prints (24 x 36) B&W PER SHEET
CERTIFIED BY: Print Name
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Underground Utilities Engineering and Project Management Services Agreement December 2011
80
EXHIBIT B
TOWN OF PALM BEACH
IF
u
s
x
RFQ NO. 2011-16
REQUEST FOR QUALIFICATIONS
UNDERGROUND UTILITIES - ENGINEERING AND PROJECT
MANAGEMENT CONSULTANT
Purchasing Division
Finance Department
*TOWN OF PALM BEACH*951 OLD OKEECHOBEE ROAD*WEST PALM BEACH*FLORIDA*33401
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Underground Utilities Engineering and Project Management Services Agreement December 2011
81
EXHIBIT B
All TOWN OF PALM BEACH
RFQ NO 2011-16
--
Underground Utilities
Engineering and Project Management Consultant
TABLE OF CONTENTS
Sub*ect Page Number
Cover ...........................................................................................................................................|
Tableof Contents.........................................................................................................................2
Advertisement..............................................................................................................................3
Part 1. Proposal Guidelines -----------------------------------4
Part 11. Nature o[Services...........................................................................................................||
Part 111. Proposal Requirements --------------------------------.|2
Part IV. Evaluation of Proposals--------------------------------.|5
Proposal Signature Puvc ------------------------------------.]7
Proposer Qualifications-------------------------------------]8
References....................................................................................................................................|q
Work Place Certification............................................................................................2A
Proposed Subconsultants ------------------------------------.21
Evaluation Criteria ---------------------------------------.22
Underground lJ6h6es Engineering and Project Management Services Agreement December 2011
82
EXHIBIT B
TOWN OF PALM BEACH
Advertisement
RFQ NO 2011-16
Request for Qualifications
UNDERGROUND UTILITIES - ENGINEERING AND PROJECT
MANAGEMENT CONSULTANTS
Proposals for Underground Utilities - Engineering and Project Management Consultants
will be received by the Town of Palm Beach at the Office of the Purchasing Agent, 951 Old
Okeechobee Road, Suite D, West Palm Beach, Florida 33401, until 2:00 P.M. on April 20,
2011.
The Town of Palm Beach is seeking qualifications from professional Engineering and Project
Management Consultant (s) to provide ongoing consulting services on an "as needed" basis for
the undergrounding of utilities for the Town of Palm Beach. The contract resulting from this
RFQ will be for a three (3) year period with options to renew for up to two (2) additional annual
periods.
Time is of the essence and any proposal received after 2:00 p.m. on April 20, 2011 whether by
mail or otherwise, will be returned unopened. Proposers are responsible for insuring that their
proposal is received in the Purchasing Office by the deadline indicated.
An original and five (5) copies of the proposal shall be submitted in sealed envelopes/packages
addressed to Lynda S. Venne, Purchasing Agent, Town of Palm Beach, Florida, and marked
"RFQ NO. 2011-16 - Request for Qualifications for Underground Utilities - Enuineerins!
and Project Management Consultants. Consultants desiring a copy of the Request for
Qualifications (RFQ) may obtain such documents from the Town's website at
www.townofpalmbeach.com, (click "Doing Business," click "Sealed Bids / Request for
Proposals" and follow the instructions). For further information contact the Purchasing Office,
951 Old Okeechobee Road, Suite D, West Palm Beach, Florida 33401, Telephone (561) 838-
5406.
Lynda S. Venne, CPPB
Purchasing Agent
Dated: March 20, 2011
March 27, 2011
Published: Palm Beach Post
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83
EXHIBIT B
RFQ NO 2009- 18
Request for Qualifications
UNDERGROUND UTILITIES - ENGINEERING AND PROJECT
MANAGEMENT CONSULTANTS
PART I
PROPOSAL GUIDELINES
1. INTRODUCTION: The Town of Palm Beach ("TOWN") is seeking qualifications
from professional Engineering and Project Management Consultant (s) to provide ongoing
consulting services on an "as needed" basis for undergrounding of utilities for the Town of Palm
Beach. The intent of this "Request for Qualifications" is for the Town to potentially select one or
more Applicant Firm(s) capable of providing the Underground Utilities Engineering and Project
Management Consultant Services specified herein.
2. PROPOSAL SUBMITTAL AND WITHDRAWAL: The Town must receive all
proposals by 2:00 P.M. on April 20, 2011. The proposals shall be submitted at the following
address:
TOWN OF PALM BEACH
Purchasing Office
951 Old Okeechobee Road, Suite "D"
West Palm Beach, Florida 33401
To facilitate processing, please clearly mark the outside of the proposal package as follows:
RFQ NO 2011-16 - Request For Qualifications — Underground Utilities - Engineering and
Project Management Consultant Services. This package shall also include the Proposer's
return address.
It will be the sole responsibility of the Applicant Firm to have its Submittal Package delivered to
the Town on or before the above deadline. The Town cautions Proposers to assure actual
delivery of mailed or hand-delivered proposals directly to the Town's Purchasing Division at 951
Old Okeechobee Road, Suite "D", West Palm Beach, Florida prior to the deadline set for
receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by
calling (561) 838-5406, before proposal closing time. Any proposal received after the
established deadline will not be considered and will be returned unopened to the Proposer(s).
Proposers may withdraw their proposals by notifying the Town in writing at any time prior to the
deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable
offer, for a period of six (6) months. Once opened, proposals become a record of the Town and
will not be returned to the Proposer.
3. DEADLINE: Time is of the essence and any proposal received after 2:00 p.m. on April
20, 2011 whether by mail or otherwise, will be returned unopened. Proposers are responsible for
insuring that their proposal is stamped by Purchasing Office personnel by the deadline indicated.
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84
EXHIBIT B
4. NUMBER OF COPIES: Qualifications shall be submitted with original and 5 copies
on the forms furnished herewith and in the format as outlined in the Request for Qualification.
5. DEVELOPMENT COSTS: Neither the Town nor its representatives shall be liable for
any expenses incurred in connection with preparation of a response to this Request for
Qualifications. Proposers should prepare their proposals simply and economically, providing a
straightforward and concise description of the Proposer's ability to meet the requirements of the
RFQ.
6. CLARIFICATIONS: All Proposers are expected to carefully examine the proposal
documents. Any ambiguities or inconsistencies should be brought to the attention of the Town
Purchasing Agent through written communication no less than eight(8) days prior to the opening
of the proposals. The Purchasing Agent will receive written requests for clarification concerning
the meaning or interpretations of the RFQ, by facsimile at (561) 835-4688, until eight (8) days
prior to the submittal date. All contacts or requests for information regarding the Submittal
Package or this RFQ must be addressed to the Town's Purchasing Agent, Lynda S. Venne,
CPPB, by facsimile at (561) 835-4688. The Purchasing Division is located at 951 Old
Okeechobee Road, Suite "D", West Palm Beach, FL 33401.
Town personnel are authorized only to direct the attention of prospective Proposer to various
portions of the RFQ so that they may read and interpret such for themselves. No employee of
the Town is authorized to interpret any portion of this RFQ or give information as to the
requirements of the RFQ in addition to what is contained in the written RFQ document.
During the RFQ process, related contact with Town Staff by an Applicant Firm or its agent, other
than as part of the evaluation process or for clarification purposes, may be grounds for automatic
disqualification of that Applicant Firm. The Applicant Firm may only contact the Purchasing
Agent for the clarification of the selection process and regarding any aspects of the projects to be
used for the presentation as set forth above.
7. ADDENDUM: The Town may record its response to inquiries and any supplemental
instructions in the form of written addenda. The Town may provide written addenda up to seven
(7) calendar days before the date fixed for receiving the proposals. Any oral explanation given
before the RFQ opening will not be binding.
No oral change or interpretation of the provisions continued in this RFQ is valid. Written
addenda will be issued when changes, clarifications, or amendments to a RFQ document are
deemed necessary. The issuance of a written addendum is the only official method whereby
interpretation, clarification or additional information can be given.
8. CONTRACT AWARDS: The Town anticipates entering into an Agreement with the
Proposer(s) submitting the proposal(s)judged by the Town to be most advantageous.
The Town reserves the right to accept or reject any or all proposals, with or without cause, to
waive technicalities or to accept the proposal which, in its sole judgment, best serves the interest
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of the Town, or to award a contract to the next most qualified proposer if the successful proposer
does not execute a contract within sixty (60) days after the award of the proposal.
The Proposer understands that this RFQ does not constitute an offer or an Agreement with the
Proposer. An offer or Agreement shall not be deemed to exist and is not binding until proposals
are reviewed, accepted by appointed staff, the best proposer(s) has been identified, approved by
the appropriate level of authority within the Town and executed by all parties.
Any proposal may be withdrawn until the date and time set above for the submission of the
proposals. Any proposal not so withdrawn shall constitute an irrevocable offer for a period of
six (6) months to provide to the Town the services set forth in this Request for Qualifications.
9. CONTRACTUAL AGREEMENT: This RFQ shall be included and incorporated in the
final award. The order of contractual precedence will be the Contract or Agreement document,
original Terms and Conditions, and Proposer response. Any and all legal action necessary to
enforce the award will be held in Palm Beach County and the contractual obligations will be
interpreted according to the laws of Florida. Any additional contract or agreement requested
for consideration by the Proposer must be attached and enclosed as part of the proposal.
10. PUBLIC RECORDS: Upon award recommendation or ten (10) days after opening,
whichever occurs first, proposals become "public records" and shall be subject to public
disclosure consistent with Chapter 119 Florida Statutes. Proposers must invoke the exemptions
to disclosure provided by law in the response to the RFQ, and must identify the data or other
materials to be protected, and must state the reasons why such exclusion from public disclosure
is necessary. Document files may be examined, during normal working hours.
11. NEWS RELEASES: The Proposer shall obtain the prior approval of the Town
Manager's Office of all news releases or other publicity pertaining to this RFQ, the service, or
project to which it relates.
12. FAMILIARITY WITH LAWS: The consultant is assumed to be familiar with all
federal, state and local laws, ordinances, rules and regulations that may in any manner affect the
work. The failure to familiarize himself with applicable laws will in no way relieve him from
responsibility.
13. PERMITS, TAXES, LICENSES: The successful consultant (s) shall at his own
expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all
local ordinances, state and federal laws, rules and regulations applicable to business to be carried
out under the contract. Proposers, both corporate and individual must by fully licensed and
certified in the State of Florida at the time of RFQ submittal. The proposal of any Proposer that
is not fully licensed and certified shall be rejected.
14. INSURANCE: The CONSULTANT shall not commence work under this Agreement
until all insurance required under this Agreement has been obtained and such insurance has been
approved by the TOWN.
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All insurance policies shall be issued by companies authorized to do business under the laws of
the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the TOWN'S
representative. The Certificates shall clearly indicate that the CONSULTANT has obtained
insurance of the type, amount, and classification as required for strict compliance with this
Agreement and that no material change or cancellation of the insurance shall be provide
immediate written notice to the TOWN'S representative. Compliance with the foregoing
requirements shall not relieve the CONSULTANT of their liability and obligations under this
Agreement.
CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times
during the life of this Contract, insurance coverages, limits, including endorsements, as described
herein. The requirements contained herein, as well as TOWN'S review or acceptance of
insurance maintained by CONSULTANT are not intended to and shall not in any manner limit
or qualify the liabilities and obligations assumed by CONSULTANT under the contract.
The successful consultant (s) shall provide insurance coverage as follows:
14.1 Professional Liability-CONSULTANT shall agree to maintain Professional Liability or
equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per
Occurrence. When a self-insured retention (SIR) or deductible exceeds $25,000 the
TOWN reserves the right, but not the obligation, to review and request a copy of
CONSULTANT'S most recent annual report or audited financial statement. For policies
written on a "Claims-Made" basis, CONSULTANT warrants the Retroactive Date equals
or precedes the effective date of this contract (Certificate of Insurance shall species
Retro date- Full prior acts covera eap lies). In the event the policy is canceled, non-
renewed, switched to an Occurrence Form, retroactive date advanced; or any other event
triggering the right to purchase a Supplemental Extended Reporting Period (SERF)
during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a
minimum reporting period not less than three (3) years. CONSULTANT shall agree this
coverage shall be provided on a primary basis. The Certificate of Insurance must indicate
whether coverage is written on an occurrence or claims-made basis and must indicate the
amount of any SIR or deductible.
14.2. Commercial General Liability, Automobile Liability And Workers' Compensation -
CONSULTANT shall agree to maintain Commercial General Liability at a limit of
liability not less than $1,000,000 Each Occurrence.
Consultant shall agree to maintain Business Automobile Liability at a limit of liability not
less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles.
In the event Consultant does not own any automobiles, the Business Auto Liability
requirement shall be amended allowing Consultant to agree to maintain only Hired &
Non-Owned Auto Liability. This amended requirement may be satisfied by way of
endorsement to the Commercial General Liability, or separate Business Auto coverage
form. Consultant shall agree this coverage shall be provided on a primary basis.
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Consultant shall agree to maintain during the life of this Agreement, Workers'
Compensation Insurance and Employer's Liability in accordance with Florida Statute
Chapter 440 or an exemption letter from the State of Florida. Consultant shall agree this
coverage shall be provided on a primary basis.
14.3. Umbrella Or Excess Liability-If necessary, Consultant may satisfy the minimum limits
required above for either Commercial General Liability, Business Auto Liability, or
Employers Liability coverage under Umbrella or Excess Liability. The Umbrella or
Excess Liability shall have an Aggregate limit not less than the highest Each Occurrence
limit for either Commercial General Liability, Business Auto Liability, or Employers
Liability. The Town shall be specifically endorsed as an "Additional Insured" on the
Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or
Excess Liability provides coverage on a"Follow-Form"basis.
14.4 Additional Insured - Consultant shall agree to endorse the Town as an Additional
Insured to the Commercial General Liability. The Additional Insured endorsement shall
read "Town of Palm Beach, Including Police Department, all Officers, Employees,
Elected and Appointed Committees, and Commissions. Consultant shall agree the
Additional Insured endorsements provide coverage on a primary basis.
14.5 Waiver Of Subrogation - Consultant shall agree, by entering into this Contract, to a
Waiver of Subrogation for each required policy. When required by the insurer, or should
a policy condition not permit an Insured to enter into an pre-loss agreement to waive
subrogation without an endorsement, then Consultant shall agree to notify the insurer and
request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against
Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any
policy, in which a condition to the policy specifically prohibits such an endorsement, or
voids coverage should Consultant enter into such an agreement on a pre-loss basis.
The Consultant shall provide original certificates of such coverage prior to engaging in any
activities under the contract. No work can be started until the certificates are submitted and
approved by the Town.
15. INDEMNIFICATION: To the fullest extent allowed by law the Proposer shall protect,
defend, reimburse, indemnify and hold harmless the Town of Palm Beach, and the Town's
officers, agents, employees free and harmless from and against any and all claims, losses,
penalties, damages, settlements, costs, charges, attorneys or other professional fees, or other
expenses or liabilities of every kind and character arising out of or relating to any and all claims,
liens, demands, obligations, actions, proceedings, cause or causes of action of very kind and
character in connection with, or arising directly or indirectly out of or related to this Contract and
the Work performed hereunder. Without limiting the generality of the foregoing, Proposer's
Indemnity shall include all claims, damages, losses, or expense arising out of or related to
personal injury, death, damages to property, defects in materials or workmanship, actual or
alleged infringement of any patent, trademark, copyright,proprietary information, or applications
of any thereof, or of any other tangible or intangible personal or property right, or any actual or
alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or
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order of any court. Proposer agrees to investigate, respond, adjust and provide a defense for, all
and any such claims, demands and actions at Proposer's sole expense and agrees to bear and
remain liable for all such other costs and expenses relating thereto, even if such claim is
groundless, false or fraudulent. Notwithstanding the foregoing, Proposer's Indemnity shall not
extend to liability for damages to persons or property to the extent such damage was caused by
any act, omission, or default of the Town, or by the Town's officers, agents and employees.
Contractor acknowledges and agrees that TOWN would not enter into a contract without this
indemnification of TOWN by Contractor, and that TOWN'S entering into a contract shall
constitute good and sufficient consideration for this indemnification. These provisions shall
survive the expiration or earlier termination of the Contract. Nothing in this Contract shall be
construed to affect in any way the TOWN'S rights, privileges, and immunities as set forth in
Florida Statutes 768.28.
16. SELLING, TRANSFERRING OR ASSIGNING CONTRACT: No contract awarded
for the services in this proposal shall be sold, transferred or assigned without the prior written
approval of the Town.
17. INDEPENDENT CONTRACTOR: The successful consultant (s) shall be
considered an independent contractor. Professional services provided by the Consultant shall be
by employees of the Consultant and subject to supervision by the Consultant, and not as officers,
employees, or agents of the Town. Personnel policies, tax responsibilities, social security and
health insurance, employee benefits, purchasing policies and other similar administrative
procedures applicable to services rendered shall be those of the consultant(s).
18. ADDITION OR DELETION OF SERVICES: The Town reserves the right to add to
the services specified, or to delete any portion of the scope of services at anytime.
19. RECORDS: The Consultant (s) shall maintain during the term of the contract all books
of account, receipt invoices, reports and records in accordance with generally accepted
accounting practices. The Consultant (s) shall maintain and make available such records and
files for the duration of the contract and retain them for a period of three (3) years beyond the
last day of the contract term.
20. INVOICES: The Consultant may submit invoices at the completion and approval of
each task or for partial completion of each task on a pro rata basis. However, requests for
payment shall not be made more frequently than on a monthly basis. Each invoice shall designate
the nature of work performed and be accompanied by records fully detailing the amounts stated
on the invoice. Invoice payment shall be subject to the satisfactory completion and acceptance
of the work following verification by Town personnel. Invoices shall be paid by the Town
within thirty (30) days of receipt of the invoice, except for items questioned. The Town shall
notify the Consultant of any items questioned. The Consultant (s) shall prepare verification data
for the amount claimed and provide complete cooperation during such investigation of any areas
in the invoice subject to question.
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21. TERMINATION FOR CAUSE: If, through any cause, the Consultant (s) shall fail to
fulfill in a timely and proper manner, its obligations under the contract, or if the Consultant (s)
shall violate any of the provisions of the contract, the Town may upon written notice to the
Consultant (s) terminate the right of the Consultant(s) to proceed under the contract and may
hold the Consultant(s) liable for any damages caused to the Town by reason of such default and
termination. In the event of such termination, any completed services performed by the
Consultant (s) under the contract shall, at the option of the Town, become the Town's property
and the Consultant(s) shall be entitled to receive equitable compensation from any work
completed to the satisfaction of the Town. The Consultant (s), however, shall not thereby be
relived of liability to the Town for damages sustained by the Town by reason of any breach of
the contract by the Consultant(s), and the Town may withhold any payments to the
Consultants(s) for the purpose of setoff until such time as the amount of damages due the Town
from the Consultant(s) is determined. The Consultant(s) shall not be held liable for damages
solely for reasons of delay if the delay is due to causes beyond its control and without its fault or
negligence, but this shall not prevent the Town from terminating the contract because of such
delay.
22. TERMINATION FOR CONVENIENCE:The Town reserves the right, in the best
interest as determined by the Town, to cancel any contract by giving the Consultant (s) a fifteen
(15) day written notice.
23. PROPOSAL CONTENTS: All material submitted becomes the property of the Town
of Palm Beach. The Town has the right to use any or all ideas presented in any reply to this RFQ.
Selection or rejection of the proposal does not affect this right.
24. NON-DISCRIMINATION: There shall be no discrimination as to race, sex, color, age,
creed, national origin, or disability by the Consultant (s) in the operations conducted under the
contract.
25. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any 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 be awarded or perform work as
a contractor, supplier, subcontractor or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO (Currently $35,000) for a period of 36 months from the
date of being placed on the convicted vendor list.
26. CODE OF ETHICS: If any Proposer violates or is a party to a violation of the code of
ethics of the Town of Palm Beach, the Palm Beach County Commission on Ethics or the State of
Florida with respect to this proposal, such Proposer may be disqualified from performing the
work described in this proposal or from furnishing the goods or services for which the proposal
is submitted and shall be further disqualified from submitting any future proposals for work,
goods or services for the Town Of Palm Beach.
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| 27. 0C : Preference shall be given \o businesses with
Work Place programs. Whenever two or more proposals which are equal with
to
price, quality, and uorv/oo are r000/vo d by the TOWN for the procurement of commodities
or
contractual services, n proposal received from n business that completes the attached DF\Vform
certifying that i\ is aDF\V shall be given preference in the award process.
PART 11
NATURE OF SERVICES REQUIRED
&. PURPOSE AND SCOPE OF WORK
The Town of Palm Beach may engage op to three professional engineering and project
o1onogonoon1 consultants specializing in underground utilities on a continuing basis to perform
design engineering, construction observation, studies, and other professional engineering
services related\oundorgroundingutilities.
Anticipated work includes project liaison uorvioou with citizens within project area, oloo\od
officials and u\aff, oou\ estimating; oauoo1on1 configurations; oloobioaL [ATV and
\ol000u1o1unioa\ionu design services; bid document preparation; contractor evaluation services;
construction management services; provision of project oubuil\u; and related surveying and other
related work as mutually agreed upon in conjunction with proposed underground utilities
conversion projects.
2. WORK TO BE PERFORMED
The oa\ogociou of the Services that may bo required are as follow/u:
|. Project liaison services
2. Cost estimating
3. Development of easement configurations
4. Utilities (electric, [ATV, telecommunications) design service for conversion\o
underground
5. Bid Documents preparation
6. Contractor evaluation services
7. Construction management services
8. Development of project ou-buil\u
q. Sun/eying
|A. Other work ou mutually agreed upon
Specific utility undorgroundingprojects anticipated are as follow/u:
|. Via Fontana, Soogrnpo Circle
Underground Utilities Engineering undPr jecLManugecnen15enices/\greecnen1 December 2011
EXHIBIT B
2. Everglade Island
3. Other neighborhood special assessment underground projects
4. Town projects requiring underground conversion of utilities.
The Town may require other underground utility engineering services for related projects
necessary to continue to provide a high level of service to Town residents.
3. TOWN CONTRACT COORDINATOR
The Town Contract Coordinator for this project will be Thomas Bradford, Deputy Town
Manager, (561) 838-5440 or tradford@townofpalmbeach.com. After Notice to
Proceed/Purchase Order is issued, all communications and correspondence shall be directed to
Mr. Bradford at Town of Palm Beach, 360 South County Line Road, Palm Beach, FL 33480
with copies of the correspondence to the Purchasing Division at 951 Old Okeechobee Road,
Suite"D", West Palm Beach, FL 33401.
4. DESIGNATED PERSONNEL
The Applicant Firm shall designate the personnel to be assigned specifically to the performance
of this work. At the time of negotiation for entry into a formal contract, the Town shall have the
right to specify those key project personnel for whom the Applicant Firm shall not be allowed to
substitute other personnel without prior written permission of the Town.
PART III
PROPOSAL REQUIREMENTS
1. RULES FOR PROPOSALS
Proposer shall submit one (1) original and five (5) copies in a clear, concise format, on 8 1/2 " x
11" paper, in English. The proposal shall contain tabbed sets of the information required herein
to be considered for award. Omission of required data may be cause for disqualification. Any
other information thought to be relevant, but not applicable to the enumerated sections, should be
provided as an appendix to the proposal. If publications are supplied by a Proposer to respond to
a requirement, the response should include reference to the document number and page number.
Proposals not providing this reference will be considered to have no reference materials included
in the additional documents.
Proposals must be properly signed in ink by the owner/principal having the authority to bind the
Proposer to this agreement.
The proposal must name all persons or entities interested in the proposal as principals. The
proposal must declare that it is made without collusion with any other person or entity submitting
a proposal pursuant to this RFQ.
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2. ANTICIPATED SCHEDULE:
The schedule shown below is provided for general information purposes only. Specific dates
have been estimated and may vary as circumstances change.
Advertise for RFQ March 20, 2011
Submission Deadline, 2:00 P.M.: April 20, 2011
Short List Notification for Oral Interviews: May 2011
Oral Interviews: May 2011
Council Approval: June 2011
Award of Contract: July 2011
3. SUBMITTALS AND INSTRUCTIONS:
An original and five (5) copies of the proposal shall be submitted in sealed envelopes/packages
addressed to Lynda S. Venne, Purchasing Agent, Town of Palm Beach, Florida, and marked
"RFO NO. 2011-16 - Request for Qualifications for Undersround Utilities - Enuineerins!
and Project Manauement Consultant. Information to be submitted, collectively known as the
"Submittal Package," shall include the following:
3.1 Title Page: Show the "Request for Qualifications" project title, project number,
the name of the Applicant Firm, address, telephone number, name of contact
person and date. The Title Page shall also include a complete listing of all
companies, if any, that form the Applicant Firm team and their principals.
3.2 Table of Contents: Clearly identify the section, topic, and page number.
3.3 Transmittal Letter: This letter will summarize in a brief and concise manner the
Proposer understands of the work to be performed, the commitment to perform
the work within the anticipated time period, a statement why the firm believes
itself to be best qualified to perform the services, and a statement that the proposal
remains in effect for six (6) months. An authorized agent of the Proposer must
sign the Letter of Transmittal indicating the agent's title or authority.
3.4 Firm Composition, Qualifications and Background: The Submittal Package
shall include the name and type of firm or organization (corporation, partnership,
joint venture, etc.) that will serve as the Applicant Firm, and provide the name of
the single-entity responsible for the Project. The history, ownership, organization,
and background of the Applicant Firm shall be provided. If the Applicant Firm is
a joint venture, the required information shall be submitted for each member of
the joint venture firm Details of the organizational structure of the joint venture
shall be given. Include a general statement describing the types of services
offered by the firm, location of main and branch offices, number of years in
business and number of employees in each department and the location of the
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EXHIBIT B
office from which this work will be performed.
The Applicant Firm should provide examples of projects similar to those stated in
the scope of work completed by the firm on behalf of municipal clients. The firm
should demonstrate how it interacts with municipal clients and provides and
exchanges information relative to the requirements.
Provide a list of at least five (5) client references for which the Applicant firm
provides similar services to those outlined in this request for qualifications.
a. Name and address of client.
b. The nature of the firm's contract.
C. The owner's representative's name, addresses, and phone number.
d. Date contract started and ended.
e. Scope or nature of contract
f. Present status of the contract.
3.5 Staff Qualifications: Present the general and specified project related capability
of the staff and indicate the adequate depth and abilities of the organization which
it can draw upon as needed. This will include management, technical and support
staff. It is the intent of the Town to insist that those indicated as the Project
Team in this RFQ response actually execute the project. Applicant Firm
hereby acknowledges that its key assigned employees, along with subcontractors
and their key employees included in the RFQ, will be used as part of the basis for
selecting Applicant Firm teams. Therefore, changes to Applicant Firms, including
any sub-consultants and key employees, will not be allowed except as approved
by the Town.
Give a brief resume of key persons to be assigned to the project including, but not
limited to:
a. Name and title
b. Percentage of time to be assigned full time to this project.
C. Number of years with this firm
d. Number of years with other firms.
e. Experience detailing types of projects and what was the specific project
involvement.
£ Education
g. Active registration
h. Other experience and qualifications that is relevant to this project.
3.5 Project Organization Chart: A Project organization chart with the individuals
assigned to key project positions identified by name. Show the organization chart
as it relates to this project indicating key personnel and their relationship. Attach
evidence of licenses and certifications to perform the required services.
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3.6 Sub-Consultants: Provide names and experience of sub-consultants to be used
by the firm.
3.7 Insurance Capability: Provide a statement from the firm's Insurance Agency
confirming total insurance capability of the firm.
3.8 Approach to scope of services: The firm should present their approach to
accomplishing the strategies to be implemented in delivering the services outlined
in the scope of service for the project. Demonstrate experience with the Town of
Palm Beach and working knowledge of the Town operations.
3.9 Variations/Exceptions: Provide a list of services which are not included in the
firm's proposal to the required services as outlined in the Scope of Services along
with any exceptions or variations to any section of the proposal.
3.10 Legal: Describe the claims history of the Applicant Firm, including arbitrations,
lawsuits, and claims that are pending. Demonstrate compliance with the required
insurance coverage. Include financial information as noted on the Evaluation
Criteria form.
3.11 Drug Free Workplace form: Include Drug Free Workplace form.
PART IV
EVALUATION OF PROPOSALS
1. EVALUATION AND AWARD
The Town will select proposals deemed most qualified based on the submittal criteria. The
Selection Committee will rank those Proposers whose proposals are deemed most qualified.
The Town reserves the right to select the proposal which in the opinion and sole discretion of the
Town will be in the best interest of and/or most advantageous to the Town. The Town reserves
the right to waive any irregularities and technicalities and may at its discretion request re-
submittal of proposals.
2. SELECTION COMMITTEE - A Selection Committee, consisting of Town personnel,
will convene, review and discuss all proposals submitted. The Purchasing Agent will chair the
committee.
3. REVIEW OF PROPOSALS - The Selection Committee will use a point/percentage
formula during the review process to score proposals.
4. EVALUATION CRITERIA- The criteria and weights as shown herein shall be utilized
in the evaluation of the proposals. The evaluation criteria will be based on Qualifications and
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Experience, Quality of Services, Workload and Scheduling, Operational Information, Financial
Information and Past Performance. The Selection Committee will evaluate all responsive written
proposals to determine which proposals best meet the needs of the Town, based on the evaluation
criteria. It is expected that a contract will be executed between both parties for the services as
may be necessary.
6. SELECTION - Consultant (s) selection and award of contract shall be done in
accordance with the State of Florida CCNA and Town policies and procedures. The Selection
Committee will evaluate, rank all qualified proposers, and prepare a shortlist. Additionally the
Committee may receive presentations and recommend to the Town Council one or more firms
determined to be the most qualified to provide the consulting services required. The Town will
negotiate contract (s) with the top ranked firm (s), or succeeding ranked firms should
negotiations fail.
7. ORAL PRESENTATIONS - Upon completion of the evaluation of all written
proposals, the Selection Committee may recommend award to the Proposer(s) with the highest
score, or to invite those firms in the "Competitive Range" to give an oral presentation. Only
those firms with the highest rated scores in accordance with the stated criteria and their weights
will be invited to give oral presentations. The Evaluation Criteria may be changed for the oral
presentations evaluation phase. References and site visits (if completed) shall be included in the
final evaluation criteria, along with other criteria and weights as determined by the Selection
Committee. During the oral presentations, the Proposers should relate their discussion to the
revised evaluation criteria, which will include (but not be limited to) their approach to the
project. The proposed Project Manager shall be in attendance. Finalists will be informed as to
the revised criteria prior to their oral presentation.
8. FINAL SELECTION - The Selection Committee will submit the recommended award
to the highest ranked Proposers (with all Proposers in ranked order) to the Town Council for
final approval. The Town will select the firms that meet the best interests of the Town. The
Town shall be the sole judge of its own best interests, the proposals, and the resulting negotiated
agreement. The Town's decisions will be final. Upon Council authorization, contract
negotiations will be initiated with the top ranked firms. If those negotiations are unsuccessful,
the Town will formally terminate negotiations with that firm(s) and will commence contract
negotiations with the next ranked firm, etc. Upon successful contract negotiations with the
prevailing firms, the remaining firms will be notified that the process has been completed and
that they were not selected.
9. CONTRACT - The selected Proposer will be expected to enter into a formal agreement
at the time of contract award. The selected Proposer will also be expected to submit a scope of
services for the purpose of entering into a formal contract. Scope of services and pricing shall be
negotiated and decided prior to award of contract and become part of the contract document at
award.
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TOWN OF PALM BEACH
RFQ NO. 2011-16
REQUEST FOR QUALIFICATIONS
UNDERGROUND UTILITIES -ENGINEERING AND PROJECT MANAGEMENT
CONSULTANT
PROPOSAL PAGE
Acknowledgement is hereby made of the following Addenda received since issuance of this Request for proposals:
Addendum No. Dated: Addendum No. Dated:
Addendum No. Dated: Addendum No. Dated:
Addendum No. Dated: Addendum No. Dated:
The undersigned representative submits this proposal and certifies that they are an authorized
representative of the Proposer who may legally bind the Proposer:
SIGNATURE:
Name: Title: _
Printed
Company: Address:
Legally registered name
City: State: Zip:
Telephone No: Fax No:
Name of Contact Person:
Address:
Phone Number: Fax Number:
Failure to affix signature may result in disqualification of proposal.
34
Underground Utilities Engineering and Project Management Services Agreement December 2011
97
EXHIBIT B
RFQ NO 2011-16
REQUEST FOR QUALIFICATIONS
UNDERGROUND UTILITIES -ENGINEERING AND PROJECT MANAGEMENT
CONSULTANT
PROPOSER'S QUALIFICATIONS
The Proposer must complete the following information and submit with their proposal in order for the proposal to be
considered:
1. Legal Name and Address:
Name:
Address:
City, State,Zip: Phone/Fax:
2. Check One: Corporation( ) Partnership( ) Individual( )
3. If Corporation,state:
Date of Incorporation: State in which Incorporated:
4. If an out-of-state Corporation,currently authorized to do business in Florida,give date of such
authorization:
5. Name and Title of Principal Officers Date Elected:
6. The Vendor's length of time in business: years
7. The Vendor's length of time(continuous)in business as a service organization in Florida:
years
8. Provide a list of at least five current and pertinent commercial or government references that
the Proposer has supplied services as described herein, during the last twenty-four months.
9. All Proposers must disclose with their proposal the name of any officer, director or agent who is
also an employee of the TOWN. Further, all proposers must disclose the name of any Town
employee who owns, directly or indirectly, an interest of ten (10) percent or more in the bidder's
firm or any of its branches.
Name Percentage of Interest:
Note:Information requested herein and submitted by the Proposer will be analyzed by the Town of Palm Beach and
will be a factor considered in awarding any resulting contract.
35
Underground Utilities Engineering and Project Management Services Agreement December 2011
98
EXHIBIT B
RFQ NO 2011-16
REQUEST FOR QUALIFICATIONS
UNDERGROUND UTILITIES -ENGINEERING AND PROJECT MANAGEMENT
CONSULTANTLIST OF CURRENT & PERTINENT PROFESSIONAL REFERENCES
The following is a list of at least five (5) current and pertinent professional references that the
Town can contact in relation to Proposer's qualifications, financial stability, and experience.
Failure to furnish this information may be grounds for rejection of the proposal.
1. Name and Address of Firm,City,County,or Agency Scope of Work:
Date(s):
Amount:
Contact:
Telephone No:
For Town Use Only: Comments:
Reference Verified: Yes No
2. Name and Address of Firm,City,County,or Agency Scope of Work:
Date(s):
Amount:
Contact:
Telephone No:
For Town Use Only: Comments:
Reference Verified: Yes No
3. Name and Address of Firm,City,County,or Agency Scope of Work:
Date(s):
Amount:
Contact:
Telephone No:
For Town Use Only: Comments:
Reference Verified: Yes No
4. Name and Address of Firm,City,County,or Agency Scope of Work:
Date(s):
Amount:
Contact:
Telephone No:
For Town Use Only: Comments:
Reference Verified: Yes No
5.Name and Address of Firm,City,County,or Agency Scope of Work:
Date(s):
Amount:
Contact:
Telephone No;_
For Town Use Only: Comments
Reference Verified: Yes No
Company Name:
36
Underground Utilities Engineering and Project Management Services Agreement December 2011
99
EXHIBIT B
RFQ NO 2011-16
- REQUEST FOR QUALIFICATIONS
UNDERGROUND UTILITIES
ENGINEERING AND PROJECT MANAGEMENT CONSULTANT
DRUG-FREE WORK PLACE CERTIFICATION
Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and
service, are received by the Town of Palm Beach for the procurement of commodities or
contractual services, a bid/proposal received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process. In
order to have a drug-free workplace program,a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of controlled substances is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in number(1).
4. In the statement specified in number(1), notify the employees that as a condition for working on
the commodities or contractual services that are under bid, the employee will abide by the terms
of the statement and will notify the employer of any conviction on or plea of guilty or polo
contendre to any violation of Chapter 893, Florida Statutes or of any controlled substance law of
the United States or any singular state, for a violation occurring in the workplace no later than
five (5)days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee who is
so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of Section 287.087, Florida Statutes.
This Certification is submitted by the
(Individual's Name)
of
(Title/Position with Company/Vendor) (Name of Company/Vendor)
Who does hereby certify that said Company/Vendor has implemented a drug-free workplace program,which meets
the requirements of Section 287.087,Florida Statutes,which are identified in numbers(1)through(6)above.
Date Signature
37
Underground Utilities Engineering and Project Management Services Agreement December 2011
100
EXHIBIT B
�a RFQ NO 2011-16
REQUEST FOR QUALIFICATIONS
UNDERGROUND UTILITIES
ENGINEERING AND PROJECT MANAGEMENT CONSULTANT
LIST OF PROPOSED SUBCONSULTANTS
The undersigned Proposer hereby designates, as follows,all major subconsultants whom they propose to utilize for
the major areas of work for the project. The Proposer is further notified that all subconsultants shall be properly
licensed and shall be required to furnish the Town with a Certificate of Insurance in accordance with the contract
general conditions.(If no subconsultants are proposed,state"None"on first line below.)
Name and Address of Subconsultant S e of Work
1.
2.
3.
4.
5.
Signature and Date
Title/Company
38
Underground Utilities Engineering and Project Management Services Agreement December 2011
101
EXHIBIT B
RFQ No 2011-16
UNDERGROUND UTILITIES - ENGINEERING AND PROJECT
MANAGEMENT CONSULTANT
EVALUATION CRITERIA
Criteria Weight
Ex erienc ref°Firm/ Pest Performance
•Company Credentials 30%
•Current Projects
•Completed Commercial and/or Governmental Projects
•Schedule/Budget Compliance
•Understanding of the Town's needs
•Technical soundness of the proposal
•References
Experience bility of Personnel
•Organizational Chart 30%
•Management's Credentials
•Project Personnel Credentials
•High quality level of services to be provided to Town
Workload and Sch 15%
•Over-all workload of the company
•Project scheduling ability/timely completion of work
•Schedule will accommodate this project
•Applicability of the services offered
•Meeting the Town's operational requirements
Financial Inform tion
•Financial resources and capabilities information
•Financial Statement 10%
Other
•Overall completeness,clarity and quality of proposal 15%
•Location of firm
•Bonding and Insurance
•Disputes,Litigation and Resolution
39
Underground Utilities Engineering and Project Management Services Agreement December 2011
102
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Resolutions
Agenda Title
RESOLUTION NO. 160-2011 A Resolution of the Town Council of the Town of Palm
Beach, Palm Beach County, Florida, Awarding a Contract Extension to Lopez Group,Inc.,
in the Amount of$144,549 and Establishing a Budget of$148,884.
Presenter
H. Paul Brazil, Director of Public Works
Supporting Documents
• Memorandum dated December 1, 2011, from H. Paul Brazil, Director of Public Works
• Resolution No. 160-2011
103
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
TO: Mayor and Town Council
VIA: Peter Elwell, Town Manager
FROM: H. Paul Brazil, Director of Public Works
RE: Authorization to Extend Worth Avenue Maintenance Contract
Resolution No. 160-2011
DATE: December 1,2011
STAFF RECOMMENDATION
Staff recommends that Town Council approve Resolution No. 160-2011 to authorize the first twelve-month
extension of the Worth Avenue Maintenance contract with Lopez Group,Inc.,in the amount of $144,549.
A contingency is requested in the amount of 3% for a total budget of$148,884.
GENERAL INFORMATION
Lopez Group,Inc.was awarded the Worth Avenue maintenance contract,per RFP No.2011-03,as approved
last year on November 9, 2010 (Resolution No. 129-10). Lopez Group has performed satisfactorily. The
original contract was awarded in the amount of $128,041.04 for the base year. Based on additional items
required during the first year(for example,replanting of annual flower beds twice per year), the purchase
order amount was revised to$144,549 and a contingency in the amount of 3%for a total budget of$148,884.
The contractor will be paid for actual work completed. The contract provides for the option of(4)twelve-
month renewals with all original terms and conditions.
FUNDING/FISCAL IMPACT
Sufficient funds are available in the Worth Avenue Commercial District Maintenance Program assessment
to complete this work.
PURCHASING REVIEW
This item has been reviewed by the Purchasing Division and approved as recommended.
TOWN ATTORNEY REVIEW
This proposed resolution has been reviewed and approved by the Town Attorney for legal form and
sufficiency.
Attachment
cc: Thomas Bradford, Deputy Town Manager
Eric Brown, P.E., Assistant Director of Public Works
Ed Armstrong, Parks/Streets Supervisor
104
RESOLUTION NO. 160-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A
CONTRACT EXTENSION TO LOPEZ GROUP,INC.,IN THE AMOUNT
OF$144,549 AND ESTABLISHING A BUDGET OF$148,884.
Y Y Y Y Y
WHEREAS,a contract was awarded on November 9, 2010,to Lopez Group,Inc.,to provide maintenance
services on Worth Avenue; and
WHEREAS,Lopez Group,Inc., has provided acceptable service under that contract; and
WHEREAS,that contract allows for four(4)twelve-month extensions.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH,PALM BEACH COUNTY,FLORIDA, as follows:
Section 1. The first contract extension for maintenance services on Worth Avenue is hereby awarded to
Lopez Group, Inc. for the amount of $144,549 for a period of twelve months, beginning January 1, 2012 and
ending December 31,2012, and a budget of$148,884 is hereby established for this work.
Section 2. The Town Manager is hereby authorized and directed to execute this contract extension on
behalf of the Town of Palm Beach.
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 13th day of December 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
105
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Resolutions
Agenda Title
RESOLUTION NO. 166-2011 A Resolution of the Town Council of the Town of Palm
Beach, Palm Beach County, Florida, Awarding a Contract to GSky Plant Systems Inc., in
the Amount of$25,760, and Establishing a Project Budget of$30,000 for the Maintenance
of the Living Wall on Worth Avenue.
Presenter
H. Paul Brazil, Director of Public Works
Supporting Documents
• Memorandum dated December 2, 2011, from H. Paul Brazil, Director of Public Works
• Resolution No. 166-2011
• Proposal - Dated November 28, 2011 from GSky
• GSky Agreement
106
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
TO: Mayor and Town Council
VIA: Peter Elwell, Town Manager
FROM: H. Paul Brazil, Director of Public Works
RE: Award Contract for Worth Avenue Maintenance Agreement - Living Wall
Resolution No. 166-2011
DATE: December 2, 2011
STAFF RECOMMENDATION
Staff recommends that Town Council approve Resolution No. 166-2011 to award a maintenance
contract to GSky Plant Systems Inc. (GSky), in the amount of $25,760 and also to approve the
corresponding maintenance agreement.
GENERAL INFORMATION
A green"living"wall was constructed last year as part of the streetscape improvement project. This
wall was designed and constructed with GSky's participation due to their expertise in such
specialized systems. GSky has maintained the wall during the first year after construction, and this
was paid by Burkhardt Construction during that initial construction warranty period. That initial
period ended on November 7, 2011, and a short-term purchase order is currently in place to have
GSky continue that necessary maintenance.
A maintenance agreement has been prepared and has been reviewed by Town staff(including the
Town Attorney and Risk Manager). That proposed maintenance agreement is attached and with
Town Council approval,will be executed by the Town Manager. The vendor(GSky)is responsible
for the normal, routine maintenance necessary to keep the wall in an acceptable and satisfactory
condition and appearance. This includes a plant replacement guarantee,with the exceptions made
for catastrophic or extreme conditions or actions beyond the control of the vendor. In the event that
emergency services are required as described in the agreement, additional funds will need to be
provided. Town staff recommends that the maintenance contract budget be established not-to-
exceed$30,000 and will advise the Town Council of any conditions requiring additional resources.
Please note that staff is recommending that this be a"sole source"purchase. The Living Wall is a
unique landscaping element and represents a significant investment by The Garden Club of Palm
Beach. It is very sensitive and proper maintenance is essential to its survival. Very few of these
systems exist and even fewer companies are qualified to maintain them. GSky specializes in design,
installation, and maintenance of these walls. They have performed well in all aspects of these
services and staff recommends that we continue to work with this firm.
107
FUNDINGNISCAL IMPACT
The assessment associated with the Worth Avenue Commercial District Maintenance Program is
sufficient to fund the proposed work. The Garden Club of Palm Beach has generously donated
$10,000 per year for 5 years toward the maintenance of the wall.
PURCHASING REVIEW
This item has been reviewed by the Purchasing Division and approved as recommended.
TOWN ATTORNEY REVIEW
This proposed resolution has been reviewed and approved by the Town Attorney for legal form and
sufficiency.
Attachments
cc: Heather Henry, President, The Garden Club of Palm Beach
Thomas Bradford, Deputy Town Manager
Eric Brown, P.E., Assistant Director of Public Works
Ed Armstrong, Parks/Streets Supervisor
108
RESOLUTION NO. 166-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AWARDING A CONTRACT TO GSKY PLANT SYSTEMS
INC., IN THE AMOUNT OF $25,760, AND ESTABLISHING A
PROJECT BUDGET OF $30,000 FOR THE MAINTENANCE
OF THE LIVING WALL ON WORTH AVENUE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM
BEACH COUNTY, FLORIDA, as follows:
Section 1. The maintenance services contract is hereby awarded to GSky Plant Systems,
Inc., for the amount of$25,760 to provide maintenance for the Living Wall on Worth Avenue.
A project budget of$30,000 is established.
Section 2. The Town Manager is hereby authorized and directed to execute a contract on
behalf of the Town of Palm Beach for maintenance services with GSky Plant Systems, 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 completion of the maintenance
services contract for the Living Wall.
109
PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm
Beach this 13th day of December 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
Resolution No. 166-2011 Page 2
110
Eric Brown, P.E. November 28, 2011
Assistant Director
Public Works Department
Town of Palm Beach, Florida
Dear Eric,
I am writing to update our maintenance proposal for the Worth Avenue green wall in the
Town of Palm Beach. GSky is obviously pleased to have been chosen to do the wall, and
we remain committed to keeping the wall in a condition the Town can be proud of.
Previously I sent along a draft copy of our proposed maintenance contract for the coming
year which you have modified and will send back. Our first year Agreement was part of
the over-all building contract which included a year of maintenance paid up as part of the
original price. That contract was with Burkhardt Construction and the amount of the
maintenance part of the contract was$15,432 for the year plus the use,provided by
Burkhardt Construction, of a lift for twice monthly wall maintenance. The lift cost,
reimbursed by Burkhardt,was approximately$400 per month. Thus, the yearly
maintenance cost was $20,232 (a monthly cost of$1,686).
Our normal maintenance agreements call for bi-monthly maintenance service. For various
reasons this past year, we found ourselves at the wall nearly weekly for several months
due to weather, pests, and the need to communicate with several groups in the Town. The
result was we exceeded our budgets for maintenance and plant replacements. The wall
generates a lot of interest and extra monitoring time for obvious reasons, although we do
view that as positive.
Our proposed cost for the coming yearly contract is $25,760 (or, $2,146.66 per month).
There are increases for lift rental(United Rental rents a boom lift for$450 per day while
we found a contractor with"one" lift who is a little less than half the price but availability
is an issue);plant replacement/fertilizer/pesticides; and most important, contractor time at
the wall. In the latter case,based upon our experience this year, we believe for much of
the time there is a need to make at least a weekly visit to the wall.
This represents an increase over last year primarily due to the added time and effort
required because of the number and variety of plants in the wall, the changes and
extremes in the weather that requires constant monitoring, and the visibility of the wall in
the Town which requires more communication.
Green Your World
601-318 Homer St,Vancouver,BC V6B 2V2
TEL:+1-888-708-GSKY FAX:+1-604-357-1315 www.gsky.com info @gsky.com
111
g ""I
sky
Our cost proposal is attached, and the percentages for each cost category are:
Maintenance 63.3%
Plant Replacements 21.4%
Lift Rental &Usage 12.5%
Insurance/Monitoring 2.8%
Not included in the costs above but included in the attached cost proposal is a provision
for emergency service. This is service that may be required if there becomes the need to
provide protection to the wall due to extreme conditions (e.g. freezing temperatures,very
high wind conditions, etc.). Instead of trying to estimate and account for such
unforeseeable events and charging the Town whether or not the events occur, GSky
proposes that these services will be agreed to prior to an event,performed, and billed
separately on an agreed to schedule. There were two such events last year due to the
extreme cold. The attached cost proposal outlines these costs and conditions.
Eric, as Chairman of GSky Plant Systems, Inc. and as a resident of Palm Beach County, I
take extra pride in the wall on Worth Avenue. I remain available as always to meet,
answer questions, and provide the very best service that you expect. I look forward to
discussing the new Agreement,and to having the wall create the same excitement that it
did last year.
Hal Thorne, Chairman& CEO
GSky Plant Systems, Inc.
Green Your World
601-318 Homer St,Vancouver,BC V6B 2V2
TEL:+1-888-708-GSKY FAX:+1-604-357-1315 www.gsky.com info @gsky.com
112
Town of Palm Beach Worth Avenue Wall Maintenance Cost Proposal
MAINTENANCE
Twice monthly on the wall $ 16,300
3 men 7 hours per visit
Plant care,pruning,cleaning;
Replacement of dead/unsightly
plants;irrigation system
maintenance;fertilizer application
Approx 540 total hours(has been
more)
Weekly check of water&Fertilizer
1 man,1.5 hours
Fertilizer/pesticide application
asneeded
Special applications usually done
topical by spray
LIFT RENTAL
Twice monthly for a day $ 5,500
Rate normally about$200 per day,
can be as high as$450 per day
24 times plus a couple of special
occasions
PLANT REPLACEMENTS
Dusty Miller $ 770
All others(15%attrition) $ 2,450
ADMINISTRATION
Insurance $ 500
Monitoring $ 240
TOTAL $ 25,760
ADDITIONAL
Extreme situations,freeze,etc.
Gsky provides the labor to replant
plants,town provides the plants
Emergency:To prevent loss due to
anticipated extreme dangers,Gsky
with Towns approval will cover wall,
3 men 3 hours at$35/hr plus lift cost
and take down 3 men for 1.5 hours
at$35/hr plus lift cost
113
GSky Maintenance Agreement
This Agreement dated this th day of 120 is made,
BETWEEN
Town of Palm Beach
360 S. County Road
Palm Beach, Florida 33480 ("Customer")
AND
GSky Plant Systems Inc.
601-318 Homer St.
Vancouver, BC, V613 2V2 ("GSky")
The Customer and GSky agree to the following terms and conditions regarding
the maintenance, replacement and related services (collectively "Services") of
the following green "living" wall:
Service Address:
150 Worth Avenue, Park Easement
1. GSKY'S RESPONSIBILITIES
GSky will provide Services, as needed, consisting of:
A) Plant Health Inspection and Maintenance
i) Trim and clean foliage as necessary;
ii) Provide replacement of dead and unsightly plants subject to the
conditions set out in Section 5 (Plant Replacement Guarantee) of this
Agreement;
iii) Apply an Integrated Pest and Disease Management Program, which
will inspect for foliar pests and take preventative measures to attempt
to prevent as necessary and as noted below;
iv) The implementations of control measures for pest and disease
management shall be in strict compliance with all Federal, State, and
Local regulations:
114
(1) All implementation shall be performed by a state licensed
pesticide applicator.
(2) A copy of the license of such applicator shall be placed on
file with GSky and is available upon request.
(3) MSDS sheets of all products used for pest control shall be
placed on file GSky and is available upon request.
v) inspect growth medium for erosion and for signs of break-down
on surface of the green wall and repair or replace as necessary.
B) Irrigation and Drainage Inspection and Maintenance:
i) Inspect moisture levels and adjust the irrigation system
as necessary;
ii) Deliver fertilizer as required through the irrigation system;
iii) Inspect and test all components and zones in the irrigation system
monthly; adjust, repair or clean heads, valves, emitters, filters, timers,
sensors and control systems for small leaks, and other minor repairs
and adjustments with labor and parts supplied by GSky; includes
control and monitoring via phone line for remote operation via vendor-
installed equipment and software.
iv) Clean and keep tidy hard surfaces after each maintenance
operation; and
B) Reporting and Communication:
i) Provide the Customer a Maintenance Checklist, and upon conclusion
of each visit provide results on the completed checklist for owner
review.
ii) Meet onsite with Customer to review conditions, and suggestions for
improvement each year on two occasions (post-season, and pre-
season), typically late spring and summer.
2. THE CUSTOMER'S RESPONSIBILITIES
To maintain the health and appearance of plants, the Customer will:
a. Provide GSky with water of adequate pressure and flow to be delivered
via the installed irrigation system;
115
b. Provide GSky access to the irrigation system controls to effectively
monitor and make changes and adjustments to the timing and scheduling
of water being delivered to the plants;
c. Provide GSky unrestricted access during normal working hours to the
plants in the living wall and to the location where the control box for
irrigation is located;
3. LIFT AND I OR LADDER SCHEDULING AND AVAILABILITY
a. GSky will provide a boom lift or other appropriate lift to reach all areas of
the wall at the site so that GSky may maintain the Green Wall's plants,
irrigation system, pumps and envelope;
b. GSky will provide safety rope or lanyard tie-offs in or around the wall
where necessary when maintenance will be performed by ladder.
4. COSTS AND PAYMENT TERMS
a. Basic Service: the Customer agrees to compensate GSky for providing
Services described in the Agreement for the monthly rate of $2,146.67
USD ($25,760 per year).
b. The bill for service will be sent out the first of the month for the current
month, and is due within 21 days of the end of the month being billed.
c. Emergency Preventive Measures: If there becomes the need to provide
protection to the wall due to extreme conditions (e.g. freezing
temperatures, very high wind conditions, etc.), GSky will contact and get
approval from the Customer for such services. Charges for such services
are outlined in Section 7 "Emergency Services".
5. PLANT REPLACEMENT GUARANTEE
a. GSky shall replace dead plants throughout the service period.
Replacements will be made based upon availability of plants and
weather conditions. G-Sky is responsible for planning and
scheduling plant replacements as much as possible in advance to
anticipate the necessary quantity, type and growing time to
minimize "bare spots" (plants missing or in poor condition).
b. Plants shall be replaced with those of comparable type and quality
as the original plant installation.
116
c. The cost of replaced plants shall be borne by GSky, except as
noted in Section 6. This includes the plant "dusty miller" which is an
annual.
6. WAIVER OF THE PLANT REPLACEMENT TERMS
GSky shall be released from the replacement terms as outlined in Section 5 in
the event of any of the circumstances listed below. Replacements shall be
made at a reasonable cost, which shall be presented to the Customer in
writing for approval prior to installation.
a. Catastrophes and extreme acts of Nature such as fire, extreme or
unseasonable temperature, explosion, flooding, major storm or wind
damage, etc.;
b. Vandalism or theft which shall be reported in writing to the Customer upon
discovery;
c. The Customer not fulfilling any of their responsibilities outlined in
Section 2 (The Customer's Responsibilities);
d. Over- and under-watering or other well-meaning care by any of
the Customer's employees or contractors;
e. Accidental or malicious damage by the Customer's employees,
cleaning crews, or other personnel to plants, or
f. Introduction of any phyto-toxic liquids or chemicals to foliage or soil,
such as cleaning solutions, chlorine, or other chemicals used in
maintenance or cleaning of any adjacent surfaces.
7. EMERGENCY SERVICES
a. Emergency services are those required above and beyond
regular scheduled maintenance services, due to events such as
tropical storms and hurricanes, severe weather, vandalism etc. G-
Sky and Customer shall inform each other of such required
services as soon as possible after such events. Emergency
services shall be agreed to by both parties prior to issuance of an
emergency task order by the Customer.
b. Should emergency services be required additional charges will
apply per the cost proposal. It is estimated, for example, if the wall
needs covering protection due to cold/freezing conditions that it will
take approximately 3 hours to install and half the time to remove;
117
$35/hour/person (up to three workers) for any work required. The
lift rental and any other necessary measures will be billed at cost
and agreed to between GSky and the Customer in advance. Any
amounts performed and due in emergency situations will be billed
when completed and are due net in 30 days.
c. Any other materials required for the emergency services visit
may be paid for and procured by the Customer at their option.
8. LIMITATIONS OF LIABILITY
The Customer and GSky waive claims against each other for consequential,
indirect, incidental, punitive and exemplary damages arising out of or relating to
GSky's Maintenance Agreement, including without limitation, any such damages
related to loss of profits, loss of business, loss of financing, loss of reputation or
insolvency. Further, GSky's duty to indemnify or reimburse Customer for any
claims, damages, losses, costs or expenses arising out of this Maintenance
Agreement shall be limited to the available proceeds of insurance coverage as
stated in the following Section 9.
9. INSURANCE
The Service Provider shall provide at it's own cost and expense during the life of
the contract, the following insurance coverages to the Town of Palm Beach (30)
thirty business days prior to the commencement of any work. All insurance
policies shall be issued by companies authorized to do business under the laws
of the State of Florida. The insurance shall be evidenced by certificates and/or
policies as determined by the Town of Palm Beach. It shall be an affirmative
obligation upon the Service Provider to advise the Town's Risk Manager at fax
no. 561-838-5497, e-mail risk @townofpalmbeach.com, 360 S. County Road,
Palm Beach, FI 33480 within 24 hours or the next business day of cancellation,
non-renewal or modification of any stipulated insurance and failure to do so shall
be construed to be a breach of this Agreement/contract. The Town of Palm
Beach reserves the right to require additional coverages and limits based upon
the particular service or change in service provided by the Service Provider.
Comprehensive General Liability Insurance coverage with limits of liability not
less than $1,000,000 Each Occurrencel$2,000,000 Aggregate. The Certificate
of Insurance shall indicate an Occurrence Basis only. Claims made policies will
not be accepted. The Town of Palm Beach shall be endorsed as an additional
insured under the General Liability coverage. The Service Provider's General
Liability coverage shall be primary and non-contributory.
118
Auto Liability coverage with limits not less than $500,000 Each Occurrence
Combined Single Limit each accident. The Certificate of Insurance shall indicate
coverage for Any Auto or Owned Autos/ Hired Autos/Non-Owned Autos.
Workers' Compensation coverage with statutory limits pursuant to Florida State
Statute 440 or an exemption letter from the State.
Employers Liability coverage with limits not less than $100,000 for each accident,
$100,000 disease (each employee) and $500,000 disease (policy limit).
Umbrella or Excess Liability is required up to the minimum limit of liability if the
limits of liability shown on the Certificate of Insurance under General Liability do
not meet the minimum limit of liability as required.
All required insurance policies shall provide a waiver of subrogation and rights of
recovery against the Town of Palm Beach, including its agents, officers, past and
present employees, elected officials and representatives, the insurance policy in
effect shall protect both parties and be primary and non-contributory for any and
all losses covered by the above described insurance. Insurers have no recourse
against the Town of Palm Beach for payment or assessments in any form on any
insurance policy.
The sub-contractor, Guardian Landscape, Inc. shall provide at it's own cost and
expense during the life of the contract, the following insurance coverages to the
Town of Palm Beach (30) thirty business days prior to the commencement of any
work. All insurance policies shall be issued by companies authorized to do
business under the laws of the State of Florida. The insurance shall be
evidenced by certificates and/or policies as determined by the Town of Palm
Beach. It shall be an affirmative obligation upon the Service Provider to advise
the Town's Risk Manager at fax no. 561-838-5497, e-mail
risk @townofpalmbeach.com, 360 S. County Road, Palm Beach, FI 33480 within
24 hours or the next business day of cancellation, non-renewal or modification of
any stipulated insurance and failure to do so shall be construed to be a breach of
this Agreement/contract. The Town of Palm Beach reserves the right to require
additional coverages and limits based upon the particular service or change in
service provided by the Service Provider.
Comprehensive General Liability Insurance coverage with limits of liability not
less than $300,000 Each Occurrence/$600,000 Aggregate. The Certificate of
Insurance shall indicate an Occurrence Basis only. Claims made policies will not
be accepted. The Town of Palm Beach shall be endorsed as an additional
insured under the General liability coverage. The Service Provider's General
Liability coverage shall be primary and non-contributory.
119
Auto Liability coverage with limits not less than $1,000,000 Each Occurrence
Combined Single Limit each accident. The Certificate of Insurance shall indicate
coverage for Any Auto or Owned Autos/ Hired Autos/Non-Owned Autos.
Workers' Compensation coverage with statutory limits pursuant to Florida State
Statute 440 or an exemption letter from the State.
Employers Liability coverage with limits not less than $100,000 for each accident,
$100,000 disease (each employee) and $500,000 disease (policy limit).
All required insurance policies shall provide a waiver of subrogation and rights of
recovery against the Town of Palm Beach, including its agents, officers, past and
present employees, elected officials and representatives, the insurance policy in
effect shall protect both parties and be primary and non-contributory for any and
all losses covered by the above described insurance. Insurers have no recourse
against the Town of Palm Beach for payment or assessments in any form on any
insurance policy.
10. INDEMNITY
To the fullest extent allowed by law the Contractor shall protect, defend,
reimburse, indemnify and hold harmless the Town of Palm Beach, and the
Town's officers, agents, employees free and harmless from and against any and
all claims, losses, penalties, damages, settlements, costs, charges, attorneys or
other professional fees, or other expenses or liabilities of every kind and
character arising out of or relating to any and all claims, liens, demands,
obligations, actions, proceedings, cause or causes of action of very kind and
character in connection with, or arising directly or indirectly out of or related to
this Contract and the Work performed hereunder. Without limiting the generality
of the foregoing, Contractor's Indemnity shall include all claims, damages,
losses, or expense arising out of or related to personal injury, death, damages to
property, defects in materials or workmanship, actual or alleged infringement of
any patent, trademark, copyright, proprietary information, or applications of any
thereof, or of any other tangible or intangible personal or property right, or any
actual or alleged violation of any applicable statute, ordinance, administrative
order, rule or regulation, or order of any court. Contractor agrees to investigate,
respond, adjust and provide a defense for, all and any such claims, demands and
actions at Contractor's sole expense and agrees to bear and remain liable for all
such other costs and expenses relating thereto, even if such claim is groundless,
false or fraudulent. Notwithstanding the foregoing, Contractor's Indemnity shall
not extend to liability for damages to persons or property to the extent such
damage was caused by any act, omission, or default of the Town, or by the
Town's officers, agents and employees.
Contractor acknowledges and agrees that TOWN would not enter into a contract
without this indemnification of TOWN by Contractor, and that TOWN'S entering
120
into a contract shall constitute good and sufficient consideration for this
indemnification. These provisions shall survive the expiration or earlier
termination of the Contract. Nothing in this Contract shall be construed to affect
in any way the TOWN'S rights, privileges, and immunities as set forth in Florida
Statute 768.28.
11. TERM AND TERMINATION
A) The Term of this Agreement will be one (1) year from the date of the
Agreement. This agreement will be renewable for up to four additional
one-year terms with mutual consent of both parties each year.
8) Material Breach: Either party shall be entitled to terminate this agreement
upon either party's material breach of this Maintenance Agreement, which
breach has not been cured within thirty (30) days of the non breaching
party giving written notice of such breach.
12. NOTICES
Any notice, request, demand or other communication by the terms hereof
required or permitted to be given by one party to another shall be given in
writing by email, fax or registered mail, postage prepaid, addressed to such
other party or delivered to such other party as follows:
If to GSky: If to the Customer:
601-318 Homer St, Name: Town Manager
Vancouver, BC V613 2V2 Contact: Mr. Peter Elwell
Phone: (888) 708-4759 Address: 360 S. County Road
Fax number: (888) 508-8005 Palm Beach, Florida 33480
Email address: Email address:
maintenance@gsky.com pelwe ll townof almbeach.com
Fax number: 561-838-5411
13. GENERAL
a. This Agreement constitutes the entire agreement between the parties with
respect to Services, and cannot be modified without the express written
consent of both parties.
b. Neither GSky nor the Customers have made any promise, representation, or
warranty, explicit or implied, not set forth in this Agreement.
c. GSky shall be entitled to subcontract or assign any obligations under this
Agreement for the purpose of ensuring timely and professional Services with
the Customer's prior written approval.
121
d. If any portion of this agreement is held by a Court of competent jurisdiction or
mutually agreed on authority, to be invalid, void, or unenforceable, the
remainder will nevertheless continue in full force without impairment or
invalidation.
e. This agreement shall be governed and interpreted by the laws of the State of
Florida applicable to such contracts entirely made and performed in said
jurisdiction and venue.
I HAVE READ FULLY THE ABOVE TERMS AND CONDITIONS AND
AGREE TO BE BOUND BY THEM.
In witness whereof, the parties to this contract have signed and executed
it as indicated.
Authorized Customer Rep Date
Name:
Position
GSky Plant Systems Inc. Date
Chad Sichello, President
122
Exhibit "A" to GSky's Maintenance Agreement
Maintenance Checklist
Maintenance C ec
Maintenance visit details
Project: in: - -
Date: out:
Every,V Comments e ianantlens( e•p ests found, '
yes/no moisture levels,dead plant count etc)
- - -:
pruned?
cleaned? _
ds removed7 ` z
ure check(t out wa
/pests/deficlenc
Irtilizer ad/missing plant count(a prx#i)?
tters/drains cleaned?checked and refille • ecessary7
yes/no Species and number replaced
---
nts replaced?
Monthly visit Comments/explanantions(i.e.irrigation problems, f
yes/no water pressures,photo description etc)
run jaiected?
Wat ed?
L
—operating water pressure checked?
Static water pressure checked?
Photos taken?
Biannual annual visit Comments/explanantions(i.e.State of water filter;
es no — _ pest control product applied) —
Controller battery changed?
Water filter replaced?
Preventative pest/disease control applied?
Winterization check(sensors,drain valves)
Further notes:
Receiving:
Technician name: Technician signature:
Received by: Receivers signature:
Fax this checklist to 1-888-508-8005 or email to reports @gsky.com
123
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Consent- Other
Agenda Title
Proposal for Review of Financial Statements Submitted through the RFP process by
the Proposers.
Presenter
Jane Struder, Director of Finance
Supporting Documents
• Memorandum Dated December 2, 2011, from Jane Struder, Finance Director
• Proposal from Nowlen, Holt& Miner, P.A.
124
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
Via: Peter B. Elwell, Town Manager
From: Jane Struder, Finance Director
Re: Proposal for Review of Financial Statements Submitted by RFP Proposers
Date: December 2, 2011
STAFF RECOMMENDATION
Staff recommends that the Town Council approve the process outlined below. If the Town
Council would prefer a more detailed analysis of the financial statement review process, this
item can be pulled from the consent agenda for consideration of the attached proposal from
Nowlen, Holt& Miner, P.A.
GENERAL INFORMATION
The Town Council has requested that staff review the process of evaluating the financial
statements submitted through the RFP process by the proposers. We obtained a quote from the
Town's auditing firm to assist the Town to develop the methodology and criteria to evaluate the
financial statements. A proposal from Nowlen, Holt& Miner, P.A. is attached for$5,000 -
$9,000 for this service.
Nowlen, Holt& Miner, P.A. was contracted to evaluate the financial statements of Burkhardt
Construction for the CM @Risk proposal for the Sanitary Sewer Force Main Replacement
Project. Their report was presented at the November 8, 2011, Town Council meeting.
In lieu of using the auditors to develop a standardized process, staff has used the Nowlen, Holt
and Miner report on Burkhardt Construction, Inc. as a guide and proposes the following two step
process:
Initial Selection Committee Review
• Require 2- 3 years of financial statements (audited or reviewed statements)in the RFP
from the proposers.
• Use the following financial ratios to compare the proposals:
• Current Ratio
• Revenues/Working Capital
• Debt/Net Worth
• % of Profit before Taxes/Tangible Net Worth
125
• % of Profit before Taxes/Total Assets
• These ratios will be compared with the other proposals as well as with Risk Management
Association (RMA) Financial Ratio Benchmarks for the specific industry and size
classification best matching the contractors.
• Each member of the selection committee will receive a report containing the results of
the analysis and will assign scores to the proposals.
Finalist Review
Once the finalists for the RFP are chosen by the Selection Committee, the ratios and RMA
benchmark data of the finalists will be compared. In addition, information supplied by the firms,
will be reviewed with the Florida Department of State, Division of Corporations to confirm the
firms' officers and review annual reports. A search for liens,judgements, and claims with the
Palm Beach County Clerk or the Clerk of the County in which the firm resides will be performed
and a Dun and Bradstreet report will be obtained for each of the finalists. The results of the
second round of review will be presented to the selection committee to use when they prepare
their final scoring. Any costs associated with the second step will be charged to the budget for
the project. Dun and Bradstreet reports costs $179 per report, or can be purchased in bundles for
a discounted price.
Large Projects
For large projects such as the recent CM @Risk project for sanitary sewer force main
replacement, a more detailed analysis may be required. A determination at that time may be
made by staff and/or the Town Council to hire an outside audit firm to review the financial
statements of the finalist for the project.
Staff is proposing the two step process because of the time it would take to perform both steps
on the entire set of initial proposals. Depending on the project, the Town routinely receives
between 4 and 12 proposals and has received up to 27 proposals for a RFP for selection
committee review.
FUNDINGNISCAL IMPACT
If the proposal from Nowlen, Holt and Miner is approved the cost ranges from$5,000 to $9,000
and will require an appropriation from General Fund Contingency.
Attachment
jls
126
NOWLEN, HOLT & NHNER, P.A.
EVERETT B.NOWLEN(7990.1984},CPA
ClIMMIM P=C A==A MS EDWARD T HOLT,CPA
VALLIAM B.MINER,CPA
ROBERT W.HENDRK JR. CPA
OFFICE PALM BEACH OFIE JANET R.ELKRICEVICH:CPA
215 IqFrH STREET,S=200
POST OFFICE BOX 347
WEST PALM BEACH,FLORIDA 33402-0347
TELEPHONE(561)659-3060
PAX(561)BS-Mg KATHLEEN A-MINER,CPA
TERRY L MORTON,JR.,CPA
WV/WXHNIICPA.COM N.RONALD BENNETT,CPA
J.MICHAEL STEVENS,CPA
ALEXIA G.VARGA,CPA
BRIAN J.BRESCIA,CFP-,CPA
KWA D.PETERSON,CPA
October 21, 2011 EDWARD T.HOLT,JR.,CPA
BELLE GLADE OFFICE
333 S.E.2nd STREET
POST OFFICE BOX=
Mr. Peter B. Elwell BELLE GLADE,FLOIRIDA3343"m
Town Mana TELEPHONE(581)00"612
ger FAX(561)006-6248
Town of Palm Beach, Florida
360 South County Road
Palm Beach, FL 33480
We are pleased to confirm our understanding of the nature and limitations of the services
we are to provide for the Town of Palm Beach, Florida(the "Town").
We will provide consulting services to assist the Town in developing and implementing a
methodology and criteria to evaluate the financial data of contractors submitting bids to
the Town in response to RFPs for construction services.
Our services will include but not be limited to:
• Meeting with Town personnel to modify the procedures performed in our agreed
upon procedures engagement to meet the Town's need for evaluating the
financial data of contractors.
• Reviewing the request for proposal process and making recommendations to
assist the Town in obtaining the data from the contractors necessary to perform
the procedures and in evaluating the proposals for financial status rankings.
• Provide the Town with templates and instructions for the procedures to be
performed.
• Provide assistance to the Town in performing the above procedures for the next
RFP for construction services.
AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS•FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS•CPAMERICA INTERNATIONAL
Our fee for these services will be based upon the hourly rates specified in our
engagement letter dated August 16, 2010, which are listed below.
Hourly
Title Rate
Partner $ 185
Manager $ 160
Supervisory Staff $ 140
Senior $ 125
Staff $ 110
Para-professional $ 65
We estimate that our fees for these services will range from $5,000 to $9,000. The fee
estimate is based on anticipated cooperation from your personnel and the assumption that
unexpected circumstances will not be encountered during the engagement.
The Town is responsible for making all management decisions and performing all
management functions, and for designating an individual with suitable skill, knowledge,
or experience to oversee any consulting services and other services we provide. The
Town is also responsible for evaluating the adequacy and results of the services
performed and accepting responsibility for such services.
We appreciate the opportunity to assist you and believe this letter accurately summarizes
the significant terms of our engagement. If you have any questions, please let us know. If
you agree with the terms of our engagement as described in this letter, please sign the
enclosed copy and return it to us.
Sincerely,
'" �,:. °
Nowlen, Holt & Miner, P.A.
------------------------------------------------------------------------------------------------------------
RESPONSE:
This letter correctly sets forth the understanding of the Town of Palm Beach, Florida.
By:
Title:
128
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of Agend
Consent- Other
Agenda Title
Authorization to Fill Vacant Trash Supervisor Position
Presenter
H. Paul Brazil, Director of Public Works
Supporting Documents
Memorandum dated November 30, 2011, from H. Paul Brazil, Director of Public Works
129
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
Via: Peter B. Elwell, Town Manager
From: H. Paul Brazil, Director of Public Works
Re: Authorization to Fill Vacancy- Trash Bureau Supervisor
Date: November 30, 2011
STAFF RECOMMENDATION
Staff recommends that the Town Council authorize the Town Manager to fill the vacancy for Trash
Bureau Supervisor as indicated below, with no net increase in Public Works staff.
GENERAL INFORMATION
The previous supervisor retired in August 2011, and this position is being filled by a temporary
acting supervisor. The Bureau consists of 18 employees responsible for all yard waste collections for
the Town. This supervisor is responsible for many administrative and supervisory duties associated
with those employees. These typically include daily employee work assignments, quality assurance
in ensuring crews complete all collection routes, maintaining daily documentation such as load
tickets, labor/payroll logs, managing vacation/sick time requests, compliance with bureau and
department policies and procedures, training, vehicle and equipment safety and accountability, and
all general field operations for this work group.
This position is critical to the efficient and effective accomplishment of the Trash Bureau's mission.
The supervisor is also responsible for managing temporary employees provided during the busy
summer season by external staffing agencies. With the approval of the Town Council, the Town staff
will recruit for and fill this position with an internal Town candidate. Based on that internal
promotion, other vacancies in the underlying positions will occur and those will similarly be filled to
provide for upward mobility for existing staff.
At some point it will be necessary to hire an external candidate to fill a vacancy at a lower position
(Equipment Operator) due to a lack of candidates (Laborer) to promote upward. We will address this
at a future Town Council meeting.
FUNDING/FISCAL IMPACT
The funding for this position is included in the Public Works Department FY2012 operating budget.
cc. Danielle Olson, Director of Human Resources
Eric Brown, Assistant Director of Public Works
130
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Consent- Other
Agenda Title
Reject All Bids for Public Works Building Addition for Water Resources.
Presenter
H. Paul Brazil, Director of Public Works
Supporting Documents
Memorandum dated November 22, 2011, from H. Paul Brazil, Director of Public Works
131
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
Via: Peter B. Elwell, Town Manager
From: H. Paul Brazil, P.E., Director of Public Works
Re: Reject All Bids for the Public Works Building Alteration
Water Resources Division Relocation
Date: November 22, 2011
STAFF RECOMMENDATION
Town staff recommends that Town Council reject all bids related to the Public Works Maintenance Building
Addition, Sealed Bid#2011-36.
GENERAL INFORMATION
In May 2011, staff and Purchasing solicited bids through the Request for Quote (RFQ) process. RFQ 50-
2011 "Relocation of Water Resources Office" was given to 10-12 vendors that were capable of doing this
scope of work. The Town received two quotes back, both of which exceeded the funding threshold allowed
by the RFQ. Staff was unable to reduce the construction costs to meet the funding threshold for the RFQ
without reducing scope significantly.
Staff requested Bridges and Marsh and Associates, the architect of record, to modify plans to address those
comments from the RFQ. Purchasing then re-bid the project under the sealed bid process, Bid No. 2011-36,
in late August. Those bids were received in late September and all bids far exceeded the proposed budget for
construction.
Staff is re-evaluating the needs of Water Resources and space available to store materials within the Public
Works facility and the Town to reduce the cost of construction. Staff plans to bring a significantly scaled
down project to Town Council for approval next year.
FUNDING/FISCAL IMPACTS
There is no financial impact with this item.
PURCHASING REVIEW
This item has been reviewed by the Purchasing Division and approved as recommended.
cc. Jane Struder, Director of Finance
Eric B. Brown, Assistant Director of Public Works
James M. Bowser, Town Engineer
Michael Roach, P.E., Project Engineer
Lynda Venne, Purchasing Agent
Douglas Terry, Water Resources Division Manager
132
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Public Hearings
Agenda Title
RESOLUTION NO. 161-2011 A Resolution of the Town Council of the Town of Palm
Beach, Palm Beach County, Florida, Electing to Use the Uniform Method of Levy,
Collection and Enforcement of Non-Ad Valorem Assessments Levied Within a Portion of
the Incorporated Area of the Town Constituting the Via Fontana Underground Utilities
Assessment Area; Stating the Need for Such Levy; Providing for the Mailing of this
Resolution; and Providing an Effective Date.
Presenter
Thomas G. Bradford, Deputy Town Manager
Supporting Documents
Memorandum dated November 18, 2011, from Thomas G. Bradford, Deputy Town
Manager
• Resolution No. 161-2011
• Exhibit A - Proof of Publication
• Exhibit B - Via Fontana UG Assessment Area Sketch
133
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
Via: Peter B. Elwell, Town Manager
From: Thomas G. Bradford, Deputy Town Manager
Re: Public Hearing to Adopt a Proposed Resolution of Intent to Create an Assessment
Program for the Via Fontana Underground Project Area for Conversion of Overhead
Utility Service to Underground Service
Resolution No. 161-2011
Date: November 18, 2011
STAFF RECOMMENDATION
Staff recommends that the Town Council consider all public comments at the public hearing on
December 13 and thereafter adopt Resolution No. 161-2011. Adoption of this resolution at this
time only preserves the Town's right to create the assessment area in time for the property tax
bills to be mailed on or about November 1, 2012. The Town Council may decide for any reason
not to proceed with the assessment area between now and September 11, 2012, and notify the
Property Appraiser and Tax Collector of such change of intent.
GENERAL INFORMATION
Based on information provided by staff for the Town Council meeting on November 8, the Town
Council gave staff the go ahead to conduct a public hearing on December 13 pursuant to F.S.
197.3632(3)(x) to consider adopting a resolution of intent to use the uniform method of
assessment for the proposed Via Fontana Underground Utilities Assessment Area. The uniform
method of assessment is the process used whereby the assessment appears on each benefitting
property owner's annual property tax bill. This is the same process used for the Town's Solid
Waste collection assessment and for the Worth Avenue project. It is the process approved by the
Town Council for underground assessment projects. If approved and ultimately implemented,
the proposal to form an assessment area will result in all costs of making the Via Fontana
improvements being borne by those properties benefitting from the improvements. To date, all
costs of the project have been charged to the $2 million Line of Credit approved by the Town
Council for this purpose. As of this writing, the Town's portion of the project is 95% complete
and about $200,000 has been spent to make the conversion, excluding interest and fees. FPL
work is to be finished by December 16. The final cost of the project along with the proposed
assessment methodology will be presented to the Town Council when considering the initial
assessment resolution at the July 10, 2012, Town Council meeting.
134
It is possible that one or more property owners will wish to pay their assessment in full prior to
commencement of the actual assessments. Even if all affected property owners in this instance
wish to finance the cost, incurring all of the time and cost of formal bank financing seems
questionable if the Town has the funds to set up an internal financing program that may reduce
costs and make the Town money. Staff will bring to the Town Council a report with
recommendations on or before the date of the initial assessment resolution for the Via Fontana
project advising of the feasibility of using internal financing rather than the current plan to use a
line of credit and long term bank financing.
The next step in this process is to consider the Via Fontana proposed resolution of intent. The
Town's notice appeared in the Palm Beach Daily News for four(4) consecutive weeks beginning
on November 15 and ending on December 6. At this juncture, the Town Council should conduct
the public hearing on proposed Resolution No. 161-2011 seeking comments from all interested
parties relative to the resolution and the payment and collection concept that it portends for the
affected properties in the proposed Via Fontana Assessment Area.
The order of business for the public hearing process can be as follows:
➢ Town Attorney reads the Resolution by Title
➢ Town Council Receives Public Comments
➢ Town Council deliberates, including asking staff and attorney any questions concerning
any issues they may have or that were raised by the public.
➢ Town Council entertains a motion to adopt or reject the Resolution.
If the Town Council decides later this year that it does not wish to proceed with the assessments
for any reason, the process is stopped, the Property Appraiser and Tax Collector are notified, and
an assessment does not appear on any tax bill.
If the Town Council approves this first step, the tentative process to bring this matter to fruition
hereafter will approximate the following:
➢ Between December 14 and the July 2012 Town Council meeting, staff submits a report
on the feasibility of using internal financing vs. the current plan to use a line of credit and
long term bank financing.
➢ July 10, 2012 - Adoption of the initial assessment resolution. All final costs of the project
will be provided and made public at this time.
➢ August 17, 2012 (on or about) — Mail notice to each affected property owner within the
proposed boundaries of the assessment area advising of the tentative assessment amount
and the date, time and place of adoption of the final resolution.
➢ September 11, 2012—Adoption of final assessment resolution.
135
FUNDING/FISCAL IMPACT
All expenditures to date have been charged to the $2 million Line of Credit previously approved
by the Town Council. Interest and fees will apply. As this is a special assessment project, all
costs will be borne by the benefitting property owners and not the property owners of the Town
as a whole.
TOWN ATTORNEY REVIEW
The Resolution of Intent was approved by Heather Encinosa, Esq. of the law firm Nabors, Giblin
& Nickerson in Tallahassee. Ms. Encinosa specializes in special assessment programs and the
law associated therewith. Ms. Encinosa was the author of Town Ordinance No. 12-07, which
updated assessment procedures for the Town in July 2007.
Attachment
cc: H. Paul Brazil, Director of Public Works
Jane Struder, Director of Finance
Danny Brannon, P.E., Brannon & Gillespie
John C. Randolph, Town Attorney
Heather Encinosa, Esq.
N:\TGB\Agenda 1tems\2011\Backup Memo on Proposed Via Fontana UG Assessment Area 121311 TCM
136
RESOLUTION NO. 161-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
ELECTING TO USE THE UNIFORM METHOD OF LEVY,
COLLECTION AND ENFORCEMENT OF NON-AD VALOREM
ASSESSMENTS LEVIED WITHIN A PORTION OF THE
INCORPORATED AREA OF THE TOWN CONSTITUTING
THE VIA FONTANA UNDERGROUND UTILITIES
ASSESSMENT AREA; STATING THE NEED FOR SUCH
LEVY; PROVIDING FOR THE MAILING OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Palm Beach, Florida (the "Town") is contemplating the
imposition of a non-ad valorem assessment for the provision of certain capital
improvements and related services within the Via Fontana Underground Utilities
Assessment Area; and
WHEREAS, the Town intends to use the uniform method for levying, collecting, and
enforcing non-ad valorem special assessments for the cost of certain local improvements
and related services to be provided within the Via Fontana Underground Utilities
Assessment Area, including, but not limited to, removal of overhead utility lines and
facilities, construction of underground utility lines and related facilities, landscaping, and
other utility and utility related improvements (collectively referred to herein as the "Via
Fontana Local Improvements"), as authorized by Section 197.3632, Florida Statutes, as
amended, because this method will allow such non-ad valorem assessments to be
collected annually commencing in November 2012, in the same manner as provided for ad
valorem taxes; and
WHEREAS, the Town held a duly advertised public hearing prior to the adoption of
this Resolution, proof of publication of such hearing being attached hereto as Exhibit A.
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. Commencing with the Fiscal Year beginning on October 1, 2012, and
with the tax bill mailed for such Fiscal Year and continuing until discontinued by the Town,
the Town intends to use the uniform method of levying, collecting, and enforcing non-ad
valorem assessments authorized in section 197.3632, Florida Statutes, as amended, and
Chapter 90 of the Town of Palm Beach Code of Ordinances, for levying, collecting, and
enforcing non-ad valorem assessments for the cost of providing the Via Fontana Local
Improvements and related services. The proposed non-ad valorem assessments shall be
levied within the incorporated area of the Town that constitutes the Via Fontana
137
Underground Utilities Assessment Area. A legal description of such properties subject to
the assessment is attached hereto as Exhibit B and incorporated by reference.
Section 3. The Town hereby determines that the levy of the assessments is
needed to fund the cost of the Via Fontana Local Improvements and related services for
the Via Fontana Underground Utilities Assessment Area.
Section 4. Upon adoption, the Town Clerk is hereby directed to send a copy of
this Resolution by United States certified mail to the Florida Department of Revenue, the
Palm Beach County Tax Collector, and the Palm Beach County Property Appraiser by
January 10, 2012.
Section 5. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach assembled this 13th day of December 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
n:Itgblmisc120111underground utilitieslresolution 161-2011 via fontana underground utilities.doc
Resolution No. 161-2011 2
138
EXHIBIT A
THE PALM BEACH DAILY NEWS
Published Dally from the third Sunday In September through
-the third Sunday In May;BI-weekly June through September.
Palm Beach,Palm Beach County,Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Undp Gainers who on oath says that she is
Advertisino Director of the Palm Beach Daily News,a dally and a b)-weekly newspaper published
Of Palm Beach In Palm Beach County, Florida;that the attached copy of advertisement,being a
Public Notice in the matter of Reference#6362016R was published In sold newspaper in the Issue of
November 5�+ 22^d 29=^and December 61^ 2011.
Advertl Dir for
Sworn to and subscribed before me this
Notary Public
GWAM A NOXIE
MYCOWASSON/00955
mar. kEXPRIM.Mamh 1.2014
139
EXHIBIT A
No. 6362016R
NOTICE BY THE TOWN OF
PALM BEACH OF INTENT TO
USE THE UNIFORM METHOD
ANpWING COLLECTING
ENFORCING NON K6
VALOREM ASSESSMENTS
Notice is hereby given to all owners of lands located
within the boundaries of the proposed Via Fontana
Underground Utilities Assessment Area within the
incorporated area of the Town of Palm Beach that the
Town of Palm Beach intends to use the uniform method
for levying, collecting, and enforcing non-ad valorem
assessments to be levied by the Town of Palm Beach
for certain local improvements and related services
to be provided within the Via Fontana Undorground
Utilities Assessment Area including, but not limited
to, removal of overhead utility lines and facilities
construction df underground utility lines and relog
facilities, landscaping, and other utility and uglily
related improvements (collectively referred to herein
as the'Via Fontana local Improvements')ccommencin
with the Fiscal Year beginning on October 1, 2012,
and continuing until discontinued by the Town.
The Town will consider the adoption of a resolution
electing to use the uniform method of levying collecting,and enforcing such assessments for the Via Fontana
Local Improvements as authorized by section 197.3632,
Florida Statutes, and Chapter 90 oT the Town Code,at
a public hearing to be held at 9:30 a.m. or as soon
thereafter as the matter is heard on December 13,
2011,at 360 South Count'y Road,Palm Beach,Florida.
Such resolution will state tFia need for the levy and will
contain a legal description of the boundaries of the real
Csubject of the levy. Copies of the proposed
farm of resolution,which contains the legal description
of the real property subject to the levy, are on file at
the Town Clerk s Office, located at 360 South County
Road,Palm Beach,Fl.All interested arsons are invited
to attend and be heard with regard to this manor.
In the event any person decides to appeal any decision
by the Town with respect to any matter relating to the
consideration of the resolution at the above-referenced
public hearingg, a record of the proceeding may be
needed and fn such event, such person may need to
ensure that a verbatim record of the public hearing is
made,which record includes the testimony and evidence
on which the appeal is to be based.In accordance with
the Americans-with Disabilities Act, persons needing a
special accommodation or an interpreter to participate
in this oceeding should contact the Town Clerk at
(56118§18-5416 at least two days prior to the date of
the hearing.
DATED this 151,day of November, 2011.
BY Order of
TOWN O FLORIDA
Dated this 1511 day,of November,2011
Town of Palm Beach
By: Peter B.EWI,Town Manager
Publish: Palm Beach Dai News
November 15,7011,November 22 2011,
November 29,2011,and December Z,2011
f 140
PROJECT
LAKE WORTH BOUNDARY
I I
I I I
I I I
I
I I
I
PROJECT I 126 125 1616
BOUNDARY 123 VIA
FONTANA I SEAGRAPE I SEAGRAPE SOUTH OCEAN
I CIRCLE I CIRCLE i BLVD.
I I I
PROJECT
BOUNDARY
I N �
> I
I I I 10 I /PROJECT
l o l l y I BOUNDARY
I ;! I Im l
IZI I I0I
> :u rn
I I I Iml
SOUTH OCEAN BLVD. — —
- - x
THIS IS NOT A SURVEY o0
SKETCH BETSY LINDSAY, INC. EA
SHEET DATE
SURVEYING AND MAPPING
1 OF 1 SCAM >'_ fool
799%8.W.JACK JMRS MVE BTUAW FLOWA 34897
VIA FONTANA PROJECT (MM-67M amm- AX
LICENSED BUENNE88 NO.8852
EXHIBIT B
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF LOTS 100 AND 101 OF THE PLAT OF
PALM BEACH ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 8, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND
GOVERNMENT LOT 1 IN SECTION 11, TOWNSHIP 44 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF THE PLAT OF CORLEY
BEACH ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 24, PAGE 227, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE N88 044'53"W ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF
272.20 FEET TO THE EAST SHORE OF LAKE WORTH; THENCE ALONG THE EAST
SHORE OF LAKE WORTH FOR THE FOLLOWING THREE (3) COURSES; (1)
N00'30'31"W, A DISTANCE OF 130.06 FEET; (2) N00°25'51"W, A DISTANCE OF 260.12
FEET; (3) N0 018'07"E, A DISTANCE OF 150.00 FEET TO AN INTERSECTION WITH A
LINE BEING 50.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES AND
PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT l; THENCE
S88 041'53"E ALONG SAID PARALLEL LINE, A DISTANCE OF 479.60 FEET TO AN
INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF SOUTH OCEAN
BOULEVARD; THENCE S02 042'58"W ALONG SAID WEST RIGHT OF WAY LINE, A
DISTANCE OF 150.05 FEET TO AN INTERSECTION WITH A LINE BEING 30.00 FEET
NORTHERLY OF, AS MEASURED AT RIGHT ANGLES AND PARALLEL WITH THE
NORTH LINE OF SAID LOT 100; THENCE N88 041'53"W ALONG SAID PARALLEL
LINE, A DISTANCE OF 175.05 FEET; THEN S02 042'58"W, A DISTANCE OF 260.08 FEET
TO AN INTERSECTION WITH THE NORTH LINE OF LOT 4 OF SAID PLAT OF CORLEY
BEACH ESTATES; THENCE N88 041'53"W ALONG SAID NORTH LINE, A DISTANCE
OF 10.25 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID LOT 4;
THENCE S01°18'07"W ALONG SAID WEST LINE, A DISTANCE OF 130.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 183,619 SQUARE FEET OR 4.22 ACRES, MORE OR LESS.
SAID PARCEL BEING SUBJECT TO ANY/ALL EASEMENTS, RESERVATIONS,
DEDICATIONS OR RESTRICTIONS.
142
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Public Hearings
Agenda Title
RESOLUTION NO. 162-2011 A Resolution of the Town Council of the Town of Palm
Beach, Palm Beach County, Florida, Providing for the Removal of a Historic or
SpecimenTree from Property Located Within the Town of Palm Beach; and Adding Newly
Designated Historic or Speciment Trees; Providing for the Recording of Said De-
Designations and Designations; and Providing that a Copy of this Resolution be Recorded in
the Public Records of Palm Beach County, Florida.
Presenter
H. Paul Brazil, Director of Public Works
Supporting Documents
Memorandum dated November 17, 2011, from H. Paul Brazil, Director of Public
Works.
• Resolution No. 162-2011
• Letter dated November 7, 2011, from Robert Haehle.
• Letter dated November 8, 2011, from Peter Elwell to property owner.
• Letter dated September 12, 2011, form Robert Haehle.
• Letter dated October 13, 2011, from Peter Elwell to property owner.
• Letter dated November 3, 2011, from Robert Haehle.
• Letter dated November 9, 2011, from Peter Elwell to property owner.
143
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
Via: Peter B. Ewell, Town Manager
From: H. Paul Brazil, Director of Public Works
Re: Historic/Specimen Tree Designations at 520 Island Drive and 175 Via Palma, and
De-designation at 8 Golfview Road
Resolution No. 162-2011
Date: November 17, 2011
STAFF RECOMMENDATION
Staff recommends that Town Council approve Resolution No. 162-2011 to authorize changes in
historic or specimen tree designations for the subject properties.
GENERAL INFORMATION
Robert Haehle, the Town's horticultural consultant, and the Town's Parks/Streets Supervisor, Ed
Armstrong, both viewed a Ponytail Palm (beaucarnea recurvata) located on the property at 520
Island Drive and concur that it is a worthy addition to the Town's historic/specimen tree list due to
it's impressive size and considerable beauty.
During the annual historic/specimen tree inspection done this year,Robert Haehle noticed that there
was a Purple Trumpet(tabebuia impetigimosa) on the property at 175 Via Palma which would be
a worthy addition to the historic/specimen tree list due to its rarity and good health.
On October 7, 2011, Ed Armstrong, the Town's parks/streets supervisor visited the property at 8
Golfview Road and saw that the Tree of Gold (tabebuia caribea) had blown over and despite the
good care it had received over the years, it was determined by the Town's horticultural consultant
and Mr. Armstrong that the tree could not be saved and was a hazard to any pedestrians in the area.
A letter dated November 8, 2011,was sent by Peter Elwell to the owner stating they were approved
to remove the tree as soon as possible.
The required notification letters were sent to the owners,per the ordinance requirement. Subject to
Town Council approval, the Ponytail Palm and the Purple Trumpet will be added to the Town's
historic/specimen tree list, and the Tree of Gold will be removed from the list. These changes will
be recorded in the official records of Palm Beach County.
144
TOWN ATTORNEY REVIEW
The attached resolution has been reviewed by the Town Attorney and approved for legal form and
sufficiency.
HPB:nb
Attachments
cc: John Page, Director of Planning, Zoning & Building
Eric B. Brown, Assistant Director of Public Works
Ed Armstrong, Parks/Streets Supervisor
Rob Walton, Chief Code Compliance Officer
Cindy Hoyt, President, Garden Club of Palm Beach
Ann Blades, Garden Club of Palm Beach
145
RESOLUTION NO. 162-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, PROVIDING
FOR THE REMOVAL OF A HISTORIC OR SPECIMEN TREE FROM
A PROPERTY LOCATED WITHIN THE TOWN OF PALM BEACH;
AND ADDING NEWLY DESIGNATED HISTORIC OR SPECIMEN
TREES; PROVIDING FOR THE RECORDING OF SAID DE-
DESIGNATIONS AND DESIGNATIONS; AND PROVIDING THAT
A COPY OF THIS RESOLUTION BE RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
WHEREAS, pursuant to Section 126-57 and Section 126-59 of the Town Code of Ordinances
relating to preservation of historic and specimen trees, procedures are outlined for the designation, de-
designation and annual inspection of certain trees as historic or specimen trees; and
WHEREAS,the Town Council of the Town of Palm Beach has undertaken the procedures required
to de-designate and designate trees located on a property within the Town as an historic or specimen tree;
and
WHEREAS,the Town Council of the Town of Palm Beach desires to record said de-designation and
designations in the public records of Palm Beach County, Florida,pursuant to the terms of said ordinance.
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.A tree previously recorded on Exhibit"A" attached to Resolution No.22-95 in the public
records of Palm Beach County,Florida,as ORB 8850,Pg. 863,designated as historic or specimen,shall be
REMOVED from the following described property:
PCN/Legal Description
50-43-43-26-02-000-0070 GOLF VIEW LTS 7&8
Location Count Common Name BotanicalName
8 GOLFVIEW RD 1 TREE OF GOLD TABEBUTA CARIBEA
146
Section 3. Trees designated as historic or specimen shall be ADDED to the following described
properties:
PCN/Legal Description
50-43-43-35-00-002-0180 35-43-43,ELY 256.85 FT OF WLY 713 FT OF SLY 165 FT OF
NLY 549.58 OF GOV LT 2 AS IN OR6978P1230
Location Count Common Name Botanical Name
175 VIA PALMA 1 PURPLE TRUMPET TABEBUTA IMPETIGIMOSA
PCN/Legal Description
50-43-43-27-03-000-0291 EVERGLADES ISLAND PL NO 3 S 50 FT OF LIS 29&29-A&ALL LIS 30
&30-A
Location Count Common Name Botanical Name
520 ISLAND DR. 1 PONYTAIL PALM BEAUCAMEA RECURVATA
PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town
of Palm Beach this 13"day of December 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. 162-2011 Page 2
147
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November 7, 2011
Ed Armstrong
Town of Palm Beach Public Works
951 Old Okeechobee Road
West Palm Beach, Fl. 33401
Tree of Gold at 8 Golfview Road
On 10/7/2011 Ed Armstrong visited 8 Golfview Road and saw that the Tree of
gold had blow over. He sent me photographs of the tree. The tree had rotted at the base
internally without any indication on the exterior bark that internal damage was occurring.
I noticed in recent years that the growth was less vigorous and that the tree should be
fertilized.
The tree should be de-designated immediately as it cannot be saved. The property
owners gave the tree good care for many years including cabling. I hate to lose a historic
tree but this tree should be removed as soon as possible to help with owner and pedestrian
traffic.
Robert Haehle
Landscape Consultant
4707 NW 49`h Drive
Tamarac, Fl. 33319-3644
148
�N OF Pq
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96 Cc
TOWN OF PALM BEACH
Office of the Town Manager
�r
November 8, 2011
Ms. Ellen Geyer
8 Golfview Road
Palm Beach,FL 33480
SUBJECT: Historic/Specimen Tree De-designation-Tree of Gold
Authorization for Emergency Removal
Dear Ms. Geyer:
This is to advise you that on October 7,2011,Ed Armstrong,Parks/Streets Supervisor,visited your
property and saw that the Tree of Gold (tabebuia caribea) had blown over. Robert Haehle, the
Town's Landscape Consultant,looked at the photographs that Mr.Armstrong had sent him and noted
that the tree had rotted at the base internally.
Mr. Haehle recommends that the tree be de-designated immediately as it cannot be saved and is a
possible hazard to pedestrians in the area(report attached). You have given the tree good care over
the years,and as much as we regret losing this historic tree,removing the tree immediately is the best
possible plan to keep everyone in the area safe. Therefore,in the interest of public safety,you are
hereby authorized to remove the Tree of Gold as soon as possible. Please be sure to contact the
Public Works Department to obtain a permit if removal of this tree will require use of the public
right-of-way.
The necessary resolution for de-designating this tree will be on the Town Council Agenda for the
December 13, 2011 meeting which you are invited to attend to discuss any concerns or opinions
regarding this action.
Should you have any questions, please do not hesitate to contact me at 561-838-5410, or Ed
Armstrong at 561-838-5440 prior to the date of the meeting.
Sincerely,
gz*q4
Peter B. Elwell
Town Manager
PBE:mks
Attachment
cc: H.Paul Brazil,Director of Public Works
Ed Armstrong,Parks/Streets Supervisor
Cindy Hoyt,President,Garden Club of Palm Beach
Post Office Box 2029.360 South County Road-Palm Beach,Florida 33480
Telephone(561)838-5410-Facsimile(561)838-5411
E-mail:townmanager @townofpalmbeach.com-Website: www.townofpalmbeach.com
9 Recycled Paper 149
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470; N W 49 Drive, amarac,j IoriJa 333 19-
.. ... . .. . . .. .. . . .. r}�ae��cC�hotrnai�.com
November 7, 2011
Ed Armstrong
Town of Palm Beach Public Works
951 Old Okeechobee Road
West Palm Beach,Fl. 33401
Tree of Gold at 8 Golfview Road
On 10/7/2011 Ed Armstrong visited 8 Golfview Road and saw that the Tree of
gold had blow over. He sent me photographs of the tree. The tree had rotted at the base
internally without any indication on the exterior bark that internal damage was occurring.
I noticed in recent years that the growth was less vigorous and that the tree should be
fertilized.
The tree should be de-designated immediately as it cannot be saved. The property
owners gave the tree good care for many years including cabling. I hate to lose a historic
tree but this tree should be removed as soon as possible to help with owner and pedestrian
traffic.
Robert Haehle
Landscape Consultant
4707 NW 49 h Drive
Tamarac, Fl. 33319-3644
150
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I-a n s c it + C o n s u l t.a n t 5754_7 3 5-ZOZZ.. . . ... . . . .. . . . . . . 1-kaCkIcCallotmail.com
September 12, 2011
Ed Armstrong
Town of Palm Beach Public Works
951 Old Okeechobee Road
West Palm Beach, Fl. 33401
Tabebuia Impetiginosa at 175 Via Palma
The Purple Trumpet Tree was removed from the historic tree list in 2004 and was
replaced at a later time. The new tree is in good health. I received a notification about
the tree from a gardener who wanted to know if it was dead. The tree goes dormant and
loses it leaves before it blooms in February and March. We visited the tree just before it
budded out and flowered.
I do not remember when the tree was replaced and did not see it until this year. I
would recommend adding the tree to the specimen tree list with the owner's permission.
Robert Haehle
Landscape Consultant
4707 NW 49h Drive
Tamarac,Fl. 33319-3644
P.O. # 110381
151
OF Pq��
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T® N "T PALM BEACH
Office of the'rown INN, alter
October 13, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jonathan Deitcher
1501 McGill College Ave., Ste. 2150
Montreal, Quebec
H3A 3M8, CANADA
Re: Historic/Specimen Tree Designation - Purple Trumpet
Dear Mr. Deitcher:
This is to inform you that during the Town's annual historic/specimen tree inspection this September,
the Town's horticultural consultant determined that a Purple Trumpet (Tabebuia Impetiginosa)
located on your property at 175 Via Palma,would be a worthy addition to the historic/specimen tree
list due to its rarity and good health (report attached).
Per the Town's Code of Ordinance No. 126-57,the necessary resolutions for designating the tree will
be on the Town Council Agenda for the December 13,2011, meeting. You are invited to attend that
"town Council meeting to raise any concerns or opinions you may have regarding the designation of
the Purple Trumpet tree. If the resolution passes, it will be recorded in the public records ol'Palm
Beach County.This recording ensures that purchasers ol'property on which historic/specimen trees
are located are made aware of this designation so that this significant heritage will be preserved.
If you.have any questions, please contact me tit 561-838-5410 or Ed Armstrong, Parks/Streets
Supervisor, at (561) 838-5440, prior to the December 13 the meeting.
Since I
eter B. Elwell
Town Manager
PBE:mks
Attachment -
cc: H.Paul Brazil,Director of Public Works -
Ed Armstrong,Parks/Streets Supervisor
Nancy Foyer,Office Manager
Historic Tree files
Post Office BOX 2029 • 36o South County Road Palm Beach, Florida 33480
'rcleplmone(561)838-,gel to Facsimile(1-61)838-5,1I1 152
(:mail:townmanagerCwto«nofpalmheach.com•Website: 7ati�.tn►vnnlj�xlmbeach.coln
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November 3, 2011
Ed Armstrong
Town of Palm Beach Public Works
951 Old Okeechobee Road
West Palm Beach, Fl. 33401
Ponytail Palm at 520 Island Road
On 11/3/20111 met with Ed Armstrong and we drove past the ponytail palm at
520 Island Road. The ponytail palm was in full bloom and spectacular. The ponytail is
of specimen quality and size. These plants can get quite large. The one at Fairchild
Tropical Garden has a base diameter of about 12 feet and a height of almost 40 feet.
I would love to add this tree to our specimen tree list. These plants move quite
easily if transplanting is necessary.
Robert Haehle
Landscape consultant
4707 NW 49`h Drive
Tamarac, Fl. 33319-3644
153
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,fit TOWN OF PALM BEACH
. ' F t fftice 0i the'Djwn Ewa iam,e
RETURN RECE11-1- REQUESTED
ti
Ms. Kaaaaila F. 1:eminr_Pton
20 Island Drive
Palm Beach, l°'1. 33490-4747
Re: Historic/Specimen 'Free Designation nation - Ponytail PaaIrn - 520 Island Drive
Dear Ms. l eraain ton:
This letter will confirm deal the 1 on,,tail Palm(heauc:artaca recurvata) located on after property at`20
Island Drive has been determined tea be a worthy addition to the'f'caa,n s Historic and Spec iraaen`free
list. This recommendation % aas made by the`l`crwn-s lacfrt.iculttrral consultant, l:obert I laelalc, and the
`i`cawn"s parks supervisor,r, Ed Armstrono. They were eery in-apressed with this trees sire and beartrty
(report attached).
Per tlae'1"own's Code of0rdinanc es`section 126-57, the necessary aary resolution liar desipaaa iraF=the tree
ee
Will be on the Town Council Aoencla for the December 13, ?(111, meetin�. You are invited to attend
thaat. Toxvn Cw`catrnc l mce tim, to caller aariv conar'aaents or coaac erns regaarclino this desiunation. Ifthe
resolution passes, it will be recorded in the public records of Palma Beach Count,. This recording
erasures that purchasers of property aria \%tiaich historic/specinaleaa trees are located are made aware of
this desi,!,riation so that this sigridic:am heritage will be preserved.
red.
It'vou have any c Laesticaa1s, please contact me at 8311-54101 or I'd ar rmstrotag at 8-38-55440.
Sincerelyr,
Deter B. Elwell
'1O n Manager
1'13F:naks
Ataachment
cc; IT Paid Brazil, Director ol`Pulalic ' 'carps
I'd ArraIstr011-1, Parl;s� treets Supervisor
Nancy Boyer, Office Maimoer
Historic 'free files
Post OffWv BOX J60 So Uth Cap€r1zt'V lets O P'11111 Bee W'lb, la`lt�tid t�3,�480
Telephone(,00 ;j8 :7 ac i'ri� ait7il {fir i1 i�°.i_tta 154
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�� .:_tint
November 3, 2011
Ed Armstrong
Town of Palm Beach Public Works
951 Old Okeechobee Road
West Palm Beach, Fl. 33401
Ponytail Palm at 520 Island Road
On 11/3/2011 I met with Ed Armstrong and we drove past the ponytail palm at
520 Island Road. The ponytail palm was in full bloom and spectacular. The ponytail is
of specimen quality and size. These plants can get quite large. The one at Fairchild
Tropical Garden has a base diameter of about 12 feet and a height of almost 40 feet.
I would love to add this tree to our specimen tree list. These plants move quite
easily if transplanting is necessary.
Robert Haehle
Landscape consultant
4707 NW 49'h Drive
Tamarac, Fl. 33319-3644
155
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of Agend
Board/Commission Annual Report
Agenda Title
Shore Protection Board Annual Report.
Presenter
H. Paul Brazil, Director of Public Works
Supporting Documents
Memorandum dated December 7, 2011, from Robert Weber, Coastal Coordinator, and
E. Llwyd Ecclestone, Shore Protection Board Chairperson
156
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
Via: Peter B. Elwell, Town Manager
From: Robert Weber, Coastal Coordinator
E. Llwyd Ecclestone, Shore Protection Board Chairperson
Re: Shore Protection Board Annual Report
Date: December 7, 2011
The Shore Protection Board (SPB) is comprised of seven (7) members appointed by the Town
Council for three-year terms. A chairperson and vice-chairperson are selected by the members.
The current SPB membership is as follows:
E. Llwyd Ecclestone Chairperson 12/2008 12/2011 1
Bobbie Lindsay-Buck Vice-chairperson 12/2008 12/2011 1
Kane Baker Regular Member 12/2009 12/2012 1
J. Patterson Cooper Regular Member 12/2009 12/2012 1
Gerald Frank Regular Member 12/2010 1 12/2013 1 2
Lee David Goldstein Regular Member 12/2010 1 12/2013 1 2
Lewis Katz Regular Member 12/2008 1 12/2011 1 1
The Board is required to meet a minimum four (4) times per year. The Board met five (5) times
in 2011. Meeting dates and attendance for 2011 were as follows:
� P t rri c rl ,..krt r r ��. ;/
s�{.r k i> ,<a- Yom{{{t `• =WK �1r is .oj
E. Llwyd Ecclestone 5 0 A A A A A
Bobbie Lindsay-Buck 5 0 A A A A A
Kane Baker 5 0 A A A A A
J. Patterson Cooper 5 0 A A A A A
Gerald Frank 5 0 A A A A A
Lee David Goldstein 5 0 A A A A A
Lewis Katz 4 1 A A A E A
A=Attended
E=Excused Absence
U=Unexcused Absence
157
Following Town Council's acceptance of the Shore Protection Board's November 2009 report
and recommendations, actions taken during the 2010 and 2011 calendar years have been to
implement the highest priority project actions and to further analyze projects labeled "Under
SPB Consideration."
Although the SPB was not directed by Town Council to evaluate program costs, the SPB
reviewed the November 2009 plan in 2011 to address the Town's coastal management needs in a
more cost effective manner.
A number of studies and reports have assisted the Board in determining the necessity of projects
labeled "Under SPB Consideration." With State and Federal project cost sharing uncertainties,
the SPB, through their spring meetings, developed a revised plan to provide a sustainable
program without relying on outside government financial assistance.
Town staff, on behalf of the SPB and at the request of the SPB, developed a report called "FY
2012 Proposed Coastal Management Program Budget & FY 2012-2021 10-year Forecast"(Plan
B), dated March 25, 2011. For planning purposes, individual projects of the report were
approved and revised by the SPB during two (2) April 2011 meetings. The first year of that plan
comprised the proposed FY 2012 budget which was recommended by the SPB and approved by
the Town Council.
In addition to the peer reviews performed during Plan B development by Applied Technology &
Management, Inc. (ATM), Coastal Systems International, Inc. (CSI), and Coastal Technology
Corporation (Coastal Tech), two (2) coalitions comprised of north and south end residents
funded an additional peer review by Erickson Consulting Engineers, Inc. (ECE). The evaluation
by ECE provided constructive criticism of the Town's recent coastal management activities, with
emphasis on the SPB's Plan B Coastal Management Plan. There are sections of the ECE report
in which Town staff finds both agreement and disagreement. Notable items of agreement
include:
• The Town's proposed alternatives should consider structural solutions that optimize the
performance of the Reach 7 beach nourishment project.
• Focus on storm protection based on return interval storms, rather than the frequency of
storms categorized in the Saffir-Simpson scale that is based on hurricane wind speeds.
• Evaluate short term shoreline responses with emphasis on the upper beach and nearshore
portion of the cross-section profile.
• The SPB needs to determine if the storm protection provided through the Town's coastal
management plan is adequate.
• The Town should continue to improve communication with the public regarding our
coastal management program.
The most significant item of agreement between ECE and Town staff is that emphasis must be
placed on how storm protection is evaluated.
158
Much of the disagreement is related to the real world application of professionally accepted
practices through an "adaptive management" approach vs. application of "textbook" design
concepts without regard for local environmental and fiscal constraints.
This report highlights the projects from within the SPB's revised plan for which construction has
been performed, studies have been completed, and permitting is underway.
2011 CONSTRUCTION PROJECTS COMPLETED
Lake Worth Inlet Maintenance Dredging. The Board has continuously recommended that Town
staff work with the Port of Palm Beach and U.S. Army Corps of Engineers to ensure that beach
compatible inlet dredged material is placed on the dry beaches of the Town. The January/
February 2011 inlet maintenance dredging project placed approximately 44,000 cubic yards on
the dry beach before the start of sea turtle nesting season on March 1, 2011. This work was
performed at no cost to the Town.
Mid-Town Partial Beach Nourishment. With project costs 75% reimbursed by FEMA, 52,000
cubic yards of high quality beach compatible sand was truck hauled to Reach 4, specifically
between Clarke Public Beach and Mid-Town Municipal Beach. This sand partially mitigated for
the sand losses caused by Tropical Storm Fay in 2008.
Phipps Ocean Park/Reach 7 Partial Beach Nourishment. With project costs 75% reimbursed by
FEMA, 46,000 cubic yards of high quality beach compatible sand was truck hauled to Reach 7.
This sand partially mitigated for the sand losses caused by Tropical Storm Fay in 2008.
Dune Restoration - Sloan's Curve and Reach 8. In early 2011, 10,000 cubic yards of sand was
placed above the mean high water line in Reach 7 north of Phipps Ocean Park, and 25,000 cubic
yards of sand was placed above the mean high water line in Reach 8 south of the Lake Worth
Pier. The two dune restoration projects were bid and constructed with the larger partial beach
nourishment projects at Mid-Town and Phipps Ocean Park/Reach 7.
2011 COMPLETED STUDIES
Coastal Structures Plan. Final report received by the consultant in March 2011. Results identify
priorities for groin activities, including both new construction and rehabilitation of existing
structures. New structures in Reach 4 and Reach 7 have been included in the revised SPB plan
to be permitted simultaneously with the next beach nourishment projects in those reaches.
North End Sand Search. Final report received by the consultant in August 2011. Results from
the sand search indicate that a sufficient volume of beach compatible sand exists that is suitable
for currently planned future beach nourishment projects in Mid-Town and Phipps Ocean
Park/Reach 7.
159
2011 PROJECTS IN PERMITTING
Sand Transfer Plant, Phase H. The permit application was submitted to the State and Federal
regulatory agencies in September 2011. The project includes a modification of the Sand
Transfer Plant, which proposes the installation of a second discharge located in the nearshore
area of Angler Avenue. Federal reimbursement is expected to cover at least a portion of the
anticipated construction cost.
For 2012, the Board recommends that Town staff increase efforts to achieve community
awareness and support, and continue addressing property owner sensitivities on this critical
shore protection priority.
South End Palm Beach Restoration (Reach 8). The Town has received one round of comments
from FDEP and two rounds from USAGE. The Town's consultant is currently preparing
appropriate responses. A further reduced project may be required by the regulatory agencies to
minimize offshore resource impacts. Additionally, the USACE is requiring additional studies
which will increase both the permitting cost and timeline. This project is not included in the
revised SPB plan. Repetitive dune restoration in Reach 8 south of the Lake Worth Pier may
need to be considered to replace this project. These matters will be addressed by the Shore
Protection Board at its meeting on January 26, 2012.
STUDIES UNDERWAY
South End Sand Search. Fieldwork (vibracore) activities were recently performed. Initial
fieldwork observations suggest that a limited volume of beach compatible sand may exist for
future beach nourishment projects. The purpose of the study is to locate sand to supplement the
volume of sand already identified within the North End Sand Search.
Mid-Town Project Secondary Impact Assessment. Fieldwork is being collected which will assist
in quantifying any influences determined to have been caused directly or indirectly from the
2003 and 2006 Mid-Town Beach Nourishment projects. FDEP, the Town, and the Town's
consultants will continue to work to determine a scientifically based and fiscally appropriate
mitigation and monitoring plan for the Mid-Town project area. The Town received an FDEP
permit modification for the Mid-Town Beach Nourishment to use scientifically based measures
to determine environmental impacts, rather than a 3:1 ratio of mitigation to impacts. This will
achieve an environmentally appropriate outcome at a significantly reduced cost to the Town.
Central Palm Beach County Comprehensive Erosion Control Project. This project is partially
funded by the Town through an interlocal agreement with Palm Beach County (PBC). PBC
ERM is managing the project. Consultant efforts were temporarily suspended while the PBC
Board of County Commissioners evaluated coastal alternatives suggested by the regulatory
agencies. Design and study efforts resumed in September 2011. The Environmental Impacts
Statement(EIS)report is expected in 2012.
160
2012 UPCOMING COASTAL MANAGEMENT ACTIVITIES
• North Ocean Boulevard Seawall Permitting
• Mid-Town Beach Nourishment Mitigation
• 2014 Mid-Town Interim Beach Nourishment Permitting
• 2013 Phipps Ocean Park/Reach 7 Beach Restoration & Stabilization Permitting
The SPB plans to meet 4 to 6 times during 2012.
The Board will continue to work with staff in making refinements to the coastal program through
adaptive management.
While the beaches have performed well over the past year, the Town must not become
complacent with respect to shoreline management. The Town has been fortunate to go another
year without being significantly impacted by a named storm. The generally stable current state
of the beaches would not be possible without the continued implementation of coastal projects
for both storm protection and erosion control.
cc: Shore Protection Board Members
H. Paul Brazil, P.E., Director of Public Works
161
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Regular Agenda - New Business
Agenda Title
Flagler Memorial Bridge Restoration
Update from PCL Civil Constructors, Inc.
Presenter
H. Paul Brazil, Director of Public Works
Supporting Documents
Memorandum dated December 5, 2011, from H. Paul Brazil, Director of Public Works.
162
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
TO: Mayor and Town Council
VIA: Peter Elwell, Town Manager
FROM: H. Paul Brazil, P.E., Director of Public Works
RE: Flagler Memorial Bridge Reconstruction
Update From PCL Civil Constructors, Inc
DATE: December 5,2011
STAFF RECOMMENDATION
Town staff recommends that Town Council receive a verbal update on the new Flagler Memorial Bridge
project. PCL will answer questions at that time.
GENERAL INFORMATION
The Florida Department of Transportation (FDOT) awarded a design-build contract to PCL Civil
Constructors, Inc. (PCL) on May 20, 2011, with a duration of 1,302 days. The ninety percent plans are
nearing completion. Work on the test piles has begun. Limited lane closures will occur to the southerly
east bound lane so the test pile work can be completed. These temporary closures are permitted under their
contract with FDOT.
PCL has yet to receive its environmental resource permit from the South Florida Water Management District
so the plan to create an access point to load their construction barges in West Palm Beach cannot be
constructed at this time,thus the need to impact the bridge. Closures are limited to 10:30 AM to 3 PM daily.
This will occur two or three times a week for the first three weeks in December.
Work beyond construction of the test piles is estimated to begin in January 2012. The first phases of work
will be limited to work in West Palm Beach and waterward of the Town's bulkhead within the Lake Worth
Lagoon. Work east of the bulkhead is scheduled for December 2012 to February 2013. The expected
completion date is December 12,2014. PCL will be returning to Town Council in January 2012 to request
extended work hours during the season.
cc: Kirk Blouin,Director of Public Safety
John Page, Director of Planning, Zoning, and Building
Eric B. Brown, P.E., Assistant Director of Public Works
James M. Bowser,P.E., Town Engineer
Charles R. Langley, P.E., Senior Project Engineer
Rob Walton, Code Enforcement
Ryan Hamrick, PCL Civil Constructors
Jim Hughes, P.E., FDOT
Keith Krieger, P.E., Kimley Horn and Associates
163
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Regular Agenda - New Business
Agenda Title
Resolution No. 167-2011 A Resolution of the Town Council of the Town of Palm Beach,
Palm Beach County, Florida, Authorizing Payment to the Municipal Public Safety
Communications Consortium(MPSCC) of Palm Beach County.
Presenter
Kirk Blouin, Director of Public Safety
Supporting Documents
• Memorandum dated December 2, 2011, by Kirk W. Blouin, Director of Public Safety
• Resolution No. 167-2011
• MPSCC Invoice dated November 4, 2011 - Exhibit A
• Resolution No. 20-11 dated April 12, 2011 - Exhibit B
164
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
Via: Peter B. Elwell, Town Manager
From: Kirk Blouin, Director of Public Safety
Re: Payment of Municipal Public Safety Communications Consortium (MPSCC) of
Palm Beach County, Inc. FY 2011/2012 Operating Costs
Resolution No. 167-2011
Date: December 2, 2011
STAFF RECOMMENDATION
Staff recommends the Mayor and Town Council approve payment to the Municipal Public
Safety Communications Consortium (MPSCC) of Palm Beach County, Inc. for FY 2011/2012
Operating Costs as detailed in Exhibit A. This item was previously considered and approved by
the Town Council during the FY12 budget process and is described in more detail below.
GENERAL INFORMATION
Overview: In 1999, the Town along with other municipalities embarked on a search for a new
radio system. With this came the creation of the Municipal Public Safety Communications
Consortium(MPSCC), in which the Town of Palm Beach is a charter member. The purpose of
the MPSCC is to provide a high performance radio network to support its members. Other
agencies currently included in the consortium are: City of Palm Beach Gardens, City of West
Palm Beach, Village of Atlantis, Town of Jupiter, Town of Juno Beach, and the Palm Beach
County School Board Police.
The Harris Open Sky digital radio system is the platform of choice agreed upon by the Municipal
Public Safety Communications Consortium(MPSCC). The Harris Open Sky radio system has
been used full-time by the Palm Beach Police Department and Fire-Rescue Department since
April 15, 2010, and September 15, 2011,respectively.
165
Payment to Municipal Public Safety Communications Consortium (MPSCC) of Palm
Beach County, Inc. for FY 2011/2012 Operating Costs
Resolution No. 167-2011
Page 2
The radio system was designed, by contract, for in-building coverage of 12 BD (building
density) and while it exceeds this coverage in many locations, it is not guaranteed to provide
additional coverage. It should be noted that the in-building coverage was determined many
years ago and was, at that time, considered standard density coverage. It is sufficient for most
areas with the exception of some of the larger buildings in town such as The Breakers and some
buildings in West Palm Beach. Options for improving in-building coverage are currently being
explored by all parties involved.
During the initial implementation of the radios for police officers in April 2010, a variety of
coverage, equipment and users issues were identified and addressed both internally through
training, and externally with Citation Communications, who is the contracted service provider. A
coverage deficiency that was identified in the area south of Sloan's Curve to the southern town
limit was addressed by installing a low profile/low power"Cell Site" in a strategic location in the
south end of town. This has enhanced coverage and improved Police Officer/Firefighter safety.
Because of delays in implementation, coverage and equipment issues, and Harris Corporation's
eagerness to correct any consortium member issues, in the summer of 2011,prior to Fire-Rescue
going live, the original Harris model 7200 radios were upgraded by Harris Corp, at no cost to the
town, with Harris model 7300 radios.
When the Fire-Rescue Department went live in September 2011, they too experienced some
equipment and user issues which continue to be addressed. In general, in-building coverage
remains the number one issue for Fire-Rescue personnel. In light of this fact, the Palm Beach
Fire-Rescue Department, as part of the initial radio system package, purchased additional
equipment known as a V-Tac which is designed to improve in-building coverage. V-Tacs were
installed in three fire-rescue engines and the Battalion Commander's SUV. Citation
Communications, with the help of Harris Corporation and Palm Beach Gardens Police
Department staff, continue to work on different antenna configurations to find the optimum set-
up for providing the best coverage.
Overall, the Open Sky Radio system built by Harris Corp, serviced by Citation Communications
and managed by the Town in conjunction with MPSCC partners is providing a reliable and
effective radio system for use by member agencies of the consortium including the Palm Beach
Police and Fire-Rescue Departments.
166
Payment to Municipal Public Safety Communications Consortium (MPSCC) of Palm
Beach County, Inc. for FY 2011/2012 Operating Costs
Resolution No. 167-2011
Page 3
FUNDING/FISCAL IMPACT
The Town's share of the FY 2011/2012 MPSCC Operating Cost is $72,228 or 16.55% of the
total FY 2011/2012 MPSCC Operational Cost Budget of$436,356. This is an increase from last
year's total operational cost of$333,466. The increase is due mainly to increases in
Infrastructure Maintenance fees ($50,000), Operations Coordinator Contract(Citation
Communication)fees ($25,000), and Attorney and Insurance fees ($26,000). Additionally, the
Town's percentage use increased from 11.97% to 16.55% due to the City of West Palm Beach's
reduction in radio count from 1,185 to 539.
The Police Department designated$42,000 in the FY 11/12 budget for MPSCC Operating Cost.
The Police Department is requesting a transfer of$30,228 from the General Fund Contingency.
SPECIAL CONSIDERATIONS
The Town of Palm Beach is a charter member of the MPSCC which oversees the entire Open
Sky, MA-Comm radio system and as a participating member is obligated to pay operating cost
based on each member's percentage of use multiplied by the "System Budget" as set forth in the
"Third Amendment to the Interlocal Agreement Establishing the Municipal Public Safety
Communications Consortium(MPSCC) of Palm Beach County" (attached as Exhibit`B") and
approved by Resolution No.20-2011 at the April 12, 2011, Town Council Meeting.
TOWN ATTORNEY REVIEW
Resolution No. 167-2011 has been reviewed and approved by the Town Attorney for legal form
and sufficiency.
Attachments
KWB:Isg
cc: Jane Struder, Director of Finance
167
RESOLUTION NO. 167-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AUTHORIZING PAYMENT TO THE MUNICIPAL PUBLIC
SAFETY COMMUNICATIONS CONSORTIUM (MPSCC) OF
PALM BEACH COUNTY.
BE IT RESOLVED BY TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM
BEACH COUNTY,FLORIDA, as follows:
That the Palm Beach Police Department is hereby authorized and directed to submit payment of
$72,228 to the Municipal Public Safety Communications Consortium(MPSCC) of Palm Beach County
as set forth in exhibit "A".
A copy of Invoice#2012-03 dated November 4,2011,is attached hereto as ExhibitA and is hereby
incorporated within this Resolution and made a part hereof.
PASSED AND ADOPTED IN A REGULAR, ADJOURNED SESSION OF THE TOWN
COUNCIL OF THE TOWN OF PALM BEACH THIS 13TH DAY OF DECEMBER,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. 167-2011 Page 1 of 1
168
EXHIBIT "A"
MUNICIPAL PUBLIC SAFETY COMMUNICATIONS
CONSORTIUM OF PALM BEACH COUNTY, INC.
n .
1 1P5 C A Florida jVor-for-Profit Corporation
on
Nla<araicila;al 1'ralalic Safety C. onimitinic4zt ono ('c)n-,or i€ m I:)ATI.: NC.lV]'Ni1i1 A =1a 201 1
101500 K Militaaf,�'Tf'ail Ili+°CHIC 1. 'a' 1011-03
Palaaa Beach C1 as•c ew,,I'l, 33-110
ATI£N: C olond Ernie Carr 170;1" 30 DAYS l°ItC�M MAT' OF 'vOTIC V1
TO "l"€awn of Palm Beach
345 S. County Road t
Palm Beach, l;l, 33480
DESCRIPTION TOTAL
FY 1-011/2012 OperadnIg.Costs $2,228.00
TOTAL $72,228.00
Make all checks paw able to: 'Municipal Public Safety Commullicallons Consortium, 111c. and mail to tl'ae
address above
169
" i %Pk'%
E)rzn't lbr Agc,-n'cV Cihaqgebad for App�-O;-�al On 'L
Budget Operational Costs for 2011/2012 Budget cycle e-mailed Apr,l,
Total %ofOverall
icrowave"
Agency Operating Cost M
Agency Proposed It of Radios 1 °%of Rat w/o Backhaul Communicaations 0&M Costs !Cost Distribution
!West Palm Beach 539 41A6W 161,018 1 $8,0001 169,0181 3833%j
17.92%1
1 �'
!Palm Beach Gardens 235 8L 6 S V, 1 $80001
70,203 , - 78,2031
"Town of Palm Beach 215 16.54%i 64,228 1 58,0001 72,2281 1655%1
City ofJupiter 242 18,62%1 72,294 $8,000�t 80,2941
�Attantis 37 2.85%1 11,053 i $8,000� 19,0531 437%
Juno 32 2.46%1 9,560 $8,000i 17,560, 4.02%1
1
;School Board 0 0.00% 0 $0; 0
Total 1,300 100%, $388,356 $48,000 $436,356 100.00%
---------------------
Operating and maintenance
—----------- ------ ------
Harris annual software license $95,000
Infrastructure Maintenance $IOUX
operations Coordinator/contract $100,000
Microwave Maintenance $4,350 ------
Leased Tower Site Agreements
Portofino South Tower(WPB) $6,780
--American Tower South(PBG) $31,365
— -----------------
System Communications -----------
'Attorney $13,000
------......
Consultant S18000
I Logging Recorder $0
...........
,Insurance $18,000
'Accounting Fees $1,800
----------------
`Corporation filing fees $61,
Total $388,3561-
.............
- -- -------------
Procurement Annual
*Agency/System Communications
Microwave Purchase Agreement S256,000i $48,000,
rL
\\PDVFILE\admin_bureau\adi,ninistration\carr004\Doctimeiits\t G Site-br-,iin\Files\7125E2F9-OF71-9278-ICI-7-39OC1E9833192\++MPSCC 20112012 draft budget w-formula(TAB ll),xlsx N-)
EXHIBIT "B"
RESOLUTION NO.20-11
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA,
APPROVING THE THIRD AMENDMENT TO THE
INTERLOCAL AGREEMENT ESTABLISHING THE
MUNICIPAL PUBLIC SAFETY COMMUNICATIONS
CONSORTIUM(MPSCC)OF PALM BEACH COUNTY AS SET
FORTH IN EXHIBIT"A"ATTACHED HERETO;PROVIDING
AN EFFECTIVE DATE; AUTHORIZING THE MAYOR SIGN
THE AGREEMENT AS REPRESENTATIVE OF THE TOWN OF
PALM BEACH.
BE IT RESOLVED BY TOWN COUNCIL OF THE TOWN OF PALM BEACH,PALM
BEACH COUNTY,FLORIDA,as follows:
Section 1. The Third Amendment to the Interlocal Agreement to Establish Municipal Public
Safety Communications Consortium of Palm Beach County attached hereto as
Exhibit"A"is hereby approved and the Mayor is authorized to sign the Agreement
on behalf of the Town.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in a regular,adjourned session of the Town Council of the Town
of Palm Beach assembled this 12th day of April,2011.
• ,►� ,�
oni iqt 1GIi� David A.Rosow,Council President
1 Ro it ra em
"a
,•1���,�.;,,!<,y,• ,.;.�M, illi .Di �oonn�d,iTo ember
A • ` �': `'s3 M.Kleid,Town 1 Member
usan A.Owens, own Clerk Michael .Pucillo,T&A Council Member
171
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Regular Agenda - New Business
Agenda Title
Review of Suggestions for Increasing Revenue Received During the Workshop November
9, 2011.
Presenter
David Rosow, Town Council President
Supporting Documents
Memorandum dated December 7, 2011, from Peter B. Elwell, Town Manager
172
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
From: Peter B. Elwell, Town Manager
Re: Follow Up to Revenue Parking Workshop
Date: December 7, 2011
GENERAL INFORMATION
Listed below are the ideas offered by the participants who addressed you during the November 9
Town Council Workshop regarding revenue sources and parking enforcement. Prioritization of
the items on this list will be discussed at the December 13 Town Council meeting.
REVENUEIDEAS
• Street fairs and festivals
• Green Market
• Increase Alarm System Fees
• Insist on share of Bed Tax from County
• Ask Legislature to authorize Town to impose local Bed Tax
• Ask Legislature to authorize Town or County to impose local Rental Car Surcharge
• Sell Peruvian Avenue Park
• Sell other Town owned property
• Offer Tax Increment Financing as an inducement to redevelopment
• Reduce residential garbage collection
• Reduce landscaping costs at Royal Palm Way and Royal Poinciana Way
• Create private foundation to support the Town's Coastal Management Program
PARKING ENFORCEMENT IDEAS
• Require certificate verifying employee parking before issuing annual Business Tax
Receipt
• Reduce time limit from 2 hours to 1 hour on Worth Avenue
• Make Town employees park in West Palm Beach and bring them to Palm Beach by
shuttle
• Offer a continuous public transportation loop (bus, trolley, van)
173
COMBINED REVENUE/PARKING IDEAS
• 15% of revenues from Apollo Lot in exchange for free parking on Worth Avenue and
Peruvian Avenue
• Redevelopment of Apollo Lot with parking garage, retail, residential, and offices
• Try valet parking on Worth Avenue again
• Expand permit parking to Peruvian Avenue
• Reduce fees for monthly parking permits
PBE:cek
174
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Regular Agenda - New Business
Agenda Title
Appointment of Town Manager.
Presenter
Peter B. Elwell, Town Manager
Supporting Documents
Memorandum dated December 8, 2011, from Peter B. Elwell, Town Manager
175
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
From: Peter B. Elwell, Town Manager
Re: Appointment of Town Manager Pursuant to Section 4.02(b) of the Town Charter
Date: December 8, 2011
STAFF RECOMMENDATION
Appointment of Peter B. Elwell to serve an additional one-year term as Town Manager from
December 13, 2011, through December 12, 2012.
GENERAL INFORMATION
Section 4.02(b) of the Town Charter requires the annual appointment of a Town Manager for a
one-year term. On December 14, 2010, the Town Council appointed me as Town Manager to
serve an eleventh one-year term which expires on December 13, 2011.
PBE:cek
176
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Regular Agenda - New Business
Agenda Title
Shore Protection Board Appointments.
Presenter
Peter B. Elwell, Town Manager
Supporting Documents
• Memorandum dated December 6, 2011, from Peter B. Elwell, Town Manager
• Ballot
• Roster of Shore Protection Board Members
• Attendance Record
177
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
From: Peter B. Elwell, Town Manager
Re: Shore Protection Board Appointments
Date: December 6,2010
STAFF RECOMMENDATION
• Staff recommends that the Town Council appoint a member to the Shore Protection Board to fill
Barbara(Bobbie) Lindsay Buck's vacant seating resulting from his term expiration.
• Staff recommends that the Town Council appoint a member to the Shore Protection Board to fill E.
Llwyd Ecclestone, Jr., vacant seating resulting from his term expiration.
• Staff recommends that the Town Council appoint a member to the Shore Protection Board to fill
Lewis Katz vacant seating resulting from his term expiration.
GENERAL INFORMATION
Mrs.Lindsay Buck has completed a three-year term as a member of the Shore Protection Board and is
eligible for reappointment. Mrs. Lindsay Buck has submitted a written verification of her interest in
continuing to serve.
Mr.Ecclestone has completed a three-year term as a member of the Shore Protection Board and is
eligible for reappointment. Mr. Ecclestone has submitted a written verification of his interest in
continuing to serve.
Mr.Katz has completed a three-year term as a member of the Shore Protection Board and is eligible for
reappointment. Mr. Katz has submitted a written verification of his interest in continuing to serve.
Pursuant to the news release notifying the public of the vacancies on the Shore Protection Board, one
other citizen submitted an Application for Service on the Shore Protection Board together with other
appropriate qualifying information.
Attachments
PBE/ab
cc: H. Paul Brazil, Director of Public Works
Robert Weber, Coastal Coordinator
n:�ibeVnemos\2011Vntc shore protection board appolntinents.doc
178
Ballot#1
BALLOT FOR APPOINTMENT OF MEMBERS
TO THE SHORE PROTECTION BOARD
Town Council Meeting on December 13, 2011
Positions to be filled: 3 Regular Members (Term to expire 12/10/2014)
(due to term expiration of Barbara Lindsay Buck)
(due to term expiration of E. Llwyd Ecclestone,Jr.)
(due to term expiration of Lewis Katz)
Please circle 3 names from the list of names appearing below.
Regular Members Applying for Re-appointment
(Listed alphabetically)
E. Llwyd Ecclestone, Jr. Completed 1 Term
Lewis Katz Completed 1 Term
Barbara (Bobbie) Lindsay Buck Completed 1 Term
Others Who Have Submitted Applications
Mary E. Rosoff
Signature of Town Council Member:
c:Airogram files'neevla.coniWoctanent con vertei-\temp�idfconvert.9861.].ballot 2011.docx
179
SHORE PROTECTION BOARD MEMBERS
Appointed Term Expires
E. Llwyd Ecclestone,Jr., Chair 12/2008 12/2011 (first term)
1555 Palm Beach Lakes Blvd.,#1100
West Palm Beach, FL 33401
(o) 561-686-2000
ele@ecclestone.com
Bobbie (Barbara) Lindsay Buck, Vice Chair 12/2008 12/2011 (first term)
212 Caribbean Road
Palm Beach, FL 33480
561-842-3954
lindsavbobbie @ 2mail.com
Gerald Frank 12/2008 12/2013 (second term)
2784 S. Ocean Blvd.
Palm Beach, FL 33480
561-588-8021
'e7 aunf @yahoo.coin
Kane K. Baker 12/2009 12/2012(first term)
1246 N. Lake Way
Palm Beach, FL 33480
561-881-7101
kanemary @comcast.net
J. Patterson Cooper 12/2009 12/2012(first term)
261 Sanford Avenue
Palm Beach, FL 33480
561-655-4177
if)attersoncooDer@2mail.com
Lewis Katz 12/2008 12/2011 (first term)
2275 South Ocean Blvd.,#308N
Palm Beach, FL 33480
561-351-3210
lewiskatz@bellsouth.net
Lee David Goldstein 12/2008 12/2013 (second term)
3120 South Ocean Blvd.,Apt. 1-103
Palm Beach, FL 33480
561-586-9500
ld�-yp2a @aol.com
n:Vhore protection board\2011bneinber last 201l.docx
180
TOWN OF PALM BEACH ATTENDANCE RECORD 2011
SHORE PROTECTION BOARD
MEMBERS T1/27/11 2/24/11 14/4/11 14/28/11 10/27/11 12/6/11
Ecclestone P P P P P P
Frank P P P P P P
Baker P P P P P P
Cooper P P P P P P
Goldstein P P P P P P
Katz P P P E P P
Lindsay-Buck P P P P P P
Legend: S=Special Meeting, P=Present, E-Excused, U=Unexcused, A=Absence pending classification as excused or unexcused
Allowed 2 unexcused absences per calendar year
TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Ordinances - First Reading
Agenda Title
ORDINANCE NO. 32-2011 An Ordinance of the Town Council of the Town of Palm
Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances At Chapter
42, Environment; Article II, Conditions On Private Property; Division 3, Unsightly, Unsafe
or Unsanitary Conditions; At Section 42-86, Making It Unlawful and Constituting A
Nuisance For Any Person Owning Land Within the Town to Have or Permit Thereon Any
Dead, Dying or Defoliated Hedges or Trees Which Can Be Viewed From Public Rights-of-
Way or Adjoining Properties; 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 November 30, 2011
• Ordinance No. 32-2011
• Town of Palm Beach Code of Ordinances, Chapter 42
• E-Mail dated December 8, 2011, from John C. Randolph, Town Attorney
• Alternate Ordinance Language
• Letters dated December 8, 2011, from Beverly Lowden
182
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
Via: Peter B. Elwell, Town Manager
From: John C. Randolph, Town Attorney
Re: Whitefly— Ordinance No. 32-2011
Date: November 30, 2011
STAFF RECOMMENDATION
Staff recommends that the Town Council adopt Ordinance No. 32-2011, a copy of which is
attached hereto, on first reading.
GENERAL INFORMATION
At the direction of the Mayor and Town Council, the Town Manager and Town Attorney
held a public meeting to receive public input and to hear expert testimony in regard to the
whitefly situation which has been described by many as an epidemic within the Town.
Whiteflies are small winged insects (there are 75 species) which typically feed on the
underside of leaves, most prominently ficus leaves, causing serious injury to host plants by
sucking nutrients from the plant causing defoliation and very often, weakening the plant so as
to cause its death. The whitefly can be found in 16 Florida counties, including Palm Beach.
The public meeting was well attended and informative. Subsequent to the public meeting
another meeting was held to entertain comments from experts who could not be in attendance
at the first public meeting. At both meetings we learned that most of the experts are in
agreement in regard to the severity of the problem and the manner in which to approach the
problem. Clearly, hedges in the Town have been badly damaged because of whitefly
(although much of the damage most readily observable results from wind damage caused by
recent nor'easters). Whitefly can be treated by professionals authorized to apply the
necessary chemicals, by less toxic methods which can be implemented by gardeners and
property owners, and biologically through the use of predatory insects. The biological option
is clearly a long term solution which will not address the present problem. Although
chemical treatments are effective, there are varied opinions on the appropriate manner of
treatments, the proper application, the number of treatments required per year, etc. Concerns
were stated that the whitefly may be building an immunity to certain treatments, that once
treated the pests can reinfest, and that the whitefly will never be totally eradicated. All
experts seemed to agree that to mandate chemical treatment of whitefly would be
problematic. It was suggested that the whitefly is a moving target, that the pests and
183
treatment will change from time to time, and that mandated treatment could lead to excessive
use of chemicals that could negatively impact the local environment, including the water
table.
The conclusion of most, if not all, of the experts providing input was that legislation
mandating treatment at certain intervals and at certain times of the year was not the answer.
Rather, the experts agreed that education of the public is the most desirable method to
attempt to remedy or alleviate this problem. Toward that end, several experts in attendance
agreed to help the Town with the education process. It is hoped that through this process
property owners will become more knowledgeable about this problem and will, on their own,
rather than through mandate, deal with the problem as it affects their own properties.
Suggestions made relating to bagging trimmings of ficus trees were discounted as being
impractical. The treatment of Town owned properties and rights-of-way in control of the
Town was encouraged.
Because of the almost unanimous recommendations that legislation regarding mandatory
treatment is not the most prudent or effective way for the Town to address this situation, it
was suggested that an emergency ordinance was not necessary. Most agreed that the most
appropriate regulatory approach to the problem would be to address it as we do other
nuisances, i.e., high grass and weeds, rank vegetational growth, conditions which provide
harborage for rats, mice, snakes or other vermin, etc. Indeed, it can be considered a nuisance
for properties within the Town to become unsightly to neighbors and the public as a result of
the presence of dead, dying or defoliated hedges or trees and it is clearly a nuisance to
maintain hedges or trees which become infested with pests such as whitefly.
It is suggested, therefore, that the Town's nuisance ordinance at Section 42-86, which now
contains a list of twenty prohibited nuisances, be amended to include an additional nuisance
to read as follows:
"(21) Dead, dying or defoliated hedges or trees which can be viewed from
public rights-of-way or adjoining property."
With the addition of this nuisance, the Town will have in place an enforcement mechanism
which will allow the Town to attack this problem through code enforcement(see Section 42-
40) or by way of a notice to abate (Section 42-91) which will allow the Town, if a property
owner is not cooperative, to abate the nuisance and bill the property owner and lien the
property if the bill remains unpaid. See Sections 42-40 through 42-97 attached.
Staff recommends the adoption, on first reading, of the attached Ordinance No. 32-2001 as
an initial step toward dealing with this problem, with education being the primary approach.
It is contemplated that an independent committee composed of representatives of the Garden
Club and other interested agencies, as well as experts, including faculty of the Palm Beach
County Cooperative Extension of the University of Florida, be established to coordinate
education of the public in regard to the whitefly epidemic and the appropriate approach to
treatment. The Town will stay engaged as an observer and participant but it will not be the
Town that will establish this committee nor will the Town direct or coordinate this group as a
2
184
formal Town committee. It will be a private committee established by persons interested in
addressing this problem.
ATTACHMENTS
Ordinance No. 32-2011
Town of Palm Beach Code of Ordinances, Chapter 42, Environment; Article II, Conditions
on Private Property
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3
185
ORDINANCE NO. 32-2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 42, ENVIRONMENT; ARTICLE II, CONDITIONS
ON PRIVATE PROPERTY; DIVISION 3, UNSIGHTLY,
UNSAFE OR UNSANITARY CONDITIONS; AT SECTION
42-86, MAKING IT UNLAWFUL AND CONSTITUTING A
NUISANCE FOR ANY PERSON OWNING LAND WITHIN
THE TOWN TO HAVE OR PERMIT THEREON ANY DEAD,
DYING OR DEFOLIATED HEDGES OR TREES WHICH
CAN BE VIEWED FROM PUBLIC RIGHTS-OF-WAY OR
ADJOINING PROPERTIES; 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 42, Environment; Article II, Conditions on Private Property;
Division 3, Unsightly, Unsafe or Unsanitary Conditions; Section 42-86, Prohibited, to
include a new item (21) to read as follows:
"Sec. 42-86. Prohibited.
It shall be unlawful and shall constitute a nuisance for any owner of
land within the town to have or permit thereon any:
(1) Conditions in violation of any of the provisions this chapter.
(2) Rank vegetational growth that exudes unpleasant or noxious
odors, high or rank vegetational growth that may conceal
pools of water, trash or filth, or any other deposits that may
be detrimental to health.
(3) Brush, weeds or grass that shall be greater than eight inches
in height above the ground.
(4) Dead or dying trees, stumps, roots or obnoxious growth.
186
(5) Sand, soil or other fill material used in connection with or
resulting from construction projects.
(6) Filth, garbage, trash or debris.
(7) Decayed or decaying buildings or structures, ruins of any
kind or buildings, docks, walls or other structures in a failing
or dangerous condition.
(8) Any condition which provides harborage for rats, mice,
snakes, or other vermin.
(9) Any building or other structure which is in such a dilapidated
condition that is unfit for human habitation, or kept in such an
unsanitary condition that it is a menace to the health of
people residing in the vicinity thereof, or presents a more
than ordinary dangerous fire hazard in the vicinity where it is
located.
(10) All unnecessary or unauthorized noises and annoying
vibrations, including animal noises.
(11) All disagreeable or obnoxious odors and stenches, as well
as the conditions, substances, or other causes which give
rise to the emission or generation of such odors and
stenches.
(12) The carcasses of animals or fowl not disposed of within a
reasonable time after death.
(13) The pollution of any public well or cistern, stream, lake,
canal, or body of water by sewage, dead animals,
commercial wastes, or other substances.
(14) Any building, structure, or other place or location where any
activity which is in violation of local, state, or federal law is
conducted, performed or maintained.
(15) Any accumulation of stagnant water permitted or maintained
on any lot or piece of ground.
(16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or
cinders, in unreasonable quantities.
(17) Any condition constituting a fire hazard.
Ordinance No.32-2011 Page 2 of 4
187
(18) Any worn-out, scrapped, partially dismantled, nonoperative,
unusable, or discarded materials or objects, such as
automobiles or parts thereof, building materials, machinery,
metal, wastepaper, rags, glassware, tinware, vehicles, boats
or parts thereof, or other items of junk. Failure of any vehicle,
or parts thereof, to have a valid license plate or other
registration certificate specifically attached to the vehicle or
part thereof, shall be prima facie evidence that such property
is worn out, scrapped, nonoperative, unusable or discarded.
(19) Failure of any person who has cleared land pursuant to a
land clearing permit to resod, replant or periodically sprinkle
the cleared area to prevent creation of windblown dust or
dirt.
(20) A seawall or bulkhead which falls into a state of disrepair or
ruin so as to allow erosion to land adjacent thereto.
(21) Dead, dying or defoliated hedges or trees which can be
viewed from public rights-of-way or adjoining property."
Section 2. 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 3. 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 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Ordinance No.32-2011 Page 3 of 4
188
Section 5. 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 day of , 2011,
and for second and final reading on this day of ,
2012.
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
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Ordinance No.32-2011 Page 4 of 4
189
ENVIRONMENT §42-38
ARTICLE I. IN GENERAL ARTICLE H. CONDITIONS ON PRIVATE
PROPERTY
Sec. 42-1. Purpose of chapter.
This chapter is adopted to: ' DIVISION 1. GENERALLY
(1) Promote the general welfare of the town; Sec. 42-36. Definitions.
(2) Prohibit the unreasonable disturbance of
its citizens and residents in the normal The following words, terms and phrases,when
use of the properties used as a place of used in this article, shall have the meanings
abode and a home; ascribed to them in this section, except where the
context clearly indicates a different meaning:
(3) Ensure a more orderly operation of places
of amusement within the town; Owner includes the person in control of or
(4) Prevent disturbances calculated to de- occupying any lot, parcel of land or premises in
stroy property valuations; and the town, or the agent, servant, representative or
employee of such person.
(5) Maintain the property values within the (Code 1982, § 12-16)
town. Cross reference--Definitions generally, § 1-2,
(Code 1982, § 12-1)
Sec. 42.37. General cleanliness of premises.
Sec. 42-2. Polluting Lake Worth. It shall be unlawful for the occupant,or if there
It shall be unlawful to place yard trash,house- be none, the owners, of any house, yard, stable,
hold garbage, offensive matter, dead animals, store,or lot of land to omit to keep the same clean,
fish, other offal, or refuse of any kind in Lake or to permit any offal or offensive matter of any
Worth. kind to accumulate or remain in or upon the
(Code 1982, § 9-5) premises.
(Code 1982, § 12-2)
Sec. 42.3. Polluting of public streets,rights-
of-way or public properties. Sec. 42-38. Obstructing, interfering with
It shall be unlawful to discard, place or throw drainage;water pollution gener.ally.
foodstuffs, seed, garbage or organic materials of
any kind onto the public streets, rights-of-way or It shall be unlawful for the owner or occupant
public properties of the town except in a manner of any real estate in the town to refuse or delay,
authorized by the town for feral cat feed pro- after notice from a duly authorized town,officer,to
grams. clean and keep in good condition any portion of a
(Ord„ No. 12-06, § 1, 10-10-06) ditch or drain in the town, that underlies a cross-
ing over such ditch or drain,maintained for use in
Sec. 42.4. Penalties. connection with the occupation of the property, or
to refuse to keep such crossing in good repair; or
Any person found to be in violation of this for any person to impair the drainage capacity of
article shall, upon conviction,be punished purse- any ditch or drain within. the town. limits; or to
ant to section 1-14 of the 'Ibwn's Code of Ordi- deposit in any public stream, spring, well or
nanees. Additionally, a violation of any provision fountain of the town any foul, unclean or poison-
enforcement article may
board.ay be referred to the town's code ous substance or any substance calculated to
e endanger the health of any person or animal
(Ord. No. 12-06, § 2, 10-10-08) Ong water at such stream, spring, well or
fountain.
Secs. 42-5-42-35. Reserved. (Code 1982, § 9-4)
5upp..No 8 CD42:5
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§42-39 PALM BEACH CODE
Sec. 42-39. Clotheslines to be inconspicu- to such grade as may be established by the town
ous. council and in such manner as the town council
may direct,
All clotheslines installed and located on pare- (Code 1982, § 12-3(a); Ord. No. 19-00, § 1, 8-8-00)
mises within the town shall be installed in loca-
tions that shall not be conspicuous from the Sec. 42-62. Provisions additional, supple-
public streets of the town, or conspicuous from mental.
adjoining properties. Clotheslines extending from
second or higher floors of buildings within the The provisions of this division shall be addi-
town are prohibited unless such clotheslines are tional and supplemental to any other remedies or
properly screened from the public streets of the procedures provided by this Code or otherwise by
town and properly screened from adjacent prop- law.
erty. All persons maintaining clotheslines in vio- (Code 1982, § 12-3(d); Ord. No, 19-00, § 1, 8-8-00)
lation of this section shall be deemed to be in Editor's note--Ord. No. 19-00, § 1, adopted August 8,
violation of this Code. 2000, amended the Code by repealing former §§ 42-62 and
(Code 1982 § 13-13) 42-63, and renumbering former § 42-64 as a new § 42-62.
Dormer § 42-62 pertained to resolution and notice of filling
and grading, and derived from the Code of 1982, § 12-3(b);
former§ 42-63 pertained to correction by town, and derived
Sec. 42-40. Code enforcement board reme. from the Code of 1982, § 12-3(c).
dies.
In addition to procedures set forth in this Secs. 42-63-42-85. Reserved.
article, violation of any of the provisions of this
article may be referred to the town's code enforce- DIVISION 3. UNSIGHTLY, UNSAFE OR
ment board. Penalties shall thereafter be defined UNSANITARY CONDITIONS*
as stated in the code enforcement board provi-
sions, sections 2-4€31 et seq. Sec. 42.86. Prohibited.
(Code 1982, § 12-23)
It shall be unlawful and shall constitute a
nuisance for any owner of land within the town to
Secs. 42-41-42-60. Reserved. have or permit thereon any:
(1) Conditions in violation of any of the pro-
DIVISION 2, LOWLAND AREAS visions this chapter,
(2) Rank vegetational growth that exudes
Sec. 42-61. Filling and grading—Authority unpleasant or noxious odors,high or rank
to order. vegetational growth that may conceal pools
of water, trash or filth, or any other de-
The town council shall have the power and posits that may be detrimental to health,
authority,if at any time it shall deem it necessary
or expedient for the preservation of the public (3) Brush,weeds or grass that shall be greater
health, or for other good reasons connected with than eight inches in height above the
the public welfare or the interest of the town and ground
the people thereof, that any lot, block, vacant (4) Dead or dying trees, stumps, roots or
lands, marsh, submerged or overflowed lands obnoxious growth,
lying and being within the corporate limits of the
town, or that may be lower than any street or *Editor's note—Ord, No. 19-00, § 2, adopted August 8,
adjoining lands,or the grade established therefor, 2000,amended the Code by repealing former div.3,§§42-86—
Should be filled in or ditched or drained, to direct 42-94, and adding a new div. 3, §§ 42-86---42-97, to read as
herein set out, Former div, 3 pertained to similar subject
the owner or owners of such lot, block, marsh or matter, and derived from the Code of 1982, §§ 9-6, 12-1.7(a)
submerged or overflowed lands to fill in the same and(b), 12-18-12-22,and 1341.
Supp No 8 CD42:6
191
ENVIRONMENT §42-86
(5) Sand, soil or other fill material used in
connection with or resulting from construc-
tion projects_
(6) Filth, garbage, trash or debris.
(7) Decayed or decaying buildings or struc-
tures, ruins of any kind or buildings,
docks, walls or other structures in a fail-
ing or dangerous condition..
(S) Any condition which provides harborage
for rats, mice, snakes, or other vermin,
(9) Any building or other structure which is
in such a dilapidated condition that is
unfit for human habitation, or kept in
such an unsanitary condition that it is a
menace to the health of people residing in
the vicinity thereof, or presents a more
than ordinary dangerous fire hazard in
the vicinity where it is located.
Supp.Na.8 CD42:6J
192
ENVIRONMENT § 42-87
(10) All unnecessary or unauthorized noises (20) A seawall or bulkhead which falls into a
and annoying vibrations, including ani- state of disrepair or ruin so as to allow
mal noises, erosion to land adjacent thereto.
(11) All disagreeable or obnoxious odors and (Ord.. No. 19-00, § 2, 8-8-00)
stenches, as well as the conditions, sub-
stances,or other causes which give rise to Sec. 42.87. Foundations, structural mem.
the emission or generation of such odors hears and exterior surfaces.
and stenches.
Foundations and structural members located
(12) The carcasses of animals or fowl not dis- upon any lot, parcel of land or premises in the
posed of within a reasonable time after town shall provide a safe, farm and substantial
death. base and support for the structure, and shall meet
the following conditions, in addition to those set
(13} The pollution of any public well or cistern, forth by the town's building code, chapter 18,
stream, lake, canal, or body of water by article IV of this Code.
sewage,dead animals,commercial wastes,
or other substances.. (1) No floor, ceiling, roof, beam or essential
(14) Any building, structure, or other place or horizontal component of a building shall
location where any activity which is in sag in excess of 3i/2 percent of its span.
violation of local, state, or federal law is (2) Exterior walls shall be reasonably free of
conducted, performed or maintained. cracks or holes through which weather
(15) Any accumulation of stagnant water per- elements can enter the building or struc-
mitted or maintained on any lot or piece of ture, and all exterior surfacing material
ground, shall be kept painted and in good repair.
(16) Dense smoke, noxious or lethal fumes, (3) Interior walls and ceilings shall be struc-
lethal gas, soot, or cinders, in unreason- turally sound..
able quantities.
(4) All windows and doors to the outside shall
(17) Any condition constituting a fire hazard, be constructed and maintained in such a
(18) Any worn-out,scrapped,partially disman- condition as to exclude weather elements
tled,nonoperative,unusable,or discarded or insects entering..
materials or objects, such as automobiles (5) The roof shall be constructed and main-
or parts thereof, building materials, ma- tained so as not to leak.
chinery, roetal, wastepaper, rags, glass-
ware, tinware, vehicles, boats or parts (6) Every inside and outside stair,every porch
thereof, or other items of junk. Failure of and appurtenance thereto shall be con-
any vehicle, or parts thereof, to have a structed so as to be safe to use and capa-
valid license plate or other registration ble of supporting the load that normal use
certificate specifically attached to the ve- may cause to be placed thereon, and in
hicle or part thereof, shall be prima facie conformance with the building code, and
evidence that such property is worn out, shall be kept in sound condition and good
scrapped, nonoperative, unusable or dis- repair.
carded. (7) Accessory buildings and other appurte-
(19) Failure of any person who has cleared nances such as swimming pools, tennis
land pursuant to a land clearing permit to courts,walls,gates and fences situated on
resod, replant or periodically sprinkle the the premises shall be kept in a safe and
cleared area to prevent creation of wind- good state of repair.
blown dust or dirt.. (Ord. No. 19-00, § 2, 8-8-00)
Supp,No 2 CD42:7
193
§42-88 PALM BEACH CODE
Sec. 42-88. Haphazard use of sprinkler sys- of any lot or parcel of land upon or in connection
tem. with such nuisance a written notice to remove,
suppress or abate the nuisance.
(a) It shall be unlawful and shall constitute a
nuisance for any owner of land within the town to The notice shall:
permit water sprinkler systems located on his (1) Describe the prohibited act, occurrence or
land to be sprayed onto the public street or condition, in sufficient detail to plainly
right-of-way upon which vehicular traffic is per- identify same,
mitted to travel.
(2) State the legal description of the property
(b) The owner and/or occupant of the premises on which the same exists or is main-
upon which a sprinkler system is located that is tained.
being allowed to be sprayed upon the public street
shall be the person determined to be responsible (3) State the estimated total cost which will
for the violation of this section, in the opinion of the town manager cover
the total cost of removing, suppressing or
(c) Any owner or occupant who shall violate abating same,
the terms of this section shall, upon conviction (4) The proportion of such cost proposed to be
thereof, be punished by fine as prescribed in borne by the town, if any.
section 1-14 but shall not be subject to imprison-
ment. (5) The proportion of such estimated amount
(Ord. No. 19-00, § 2, 8-8-00) which shall be borne by the owner or
occupant of the premises involved
Sec. 42.89. Handling of manure. (6) State that unless such prohibited act,
Any manure used in the town by any person for occurrence or condition has been effec-
fertilizer shall promptly be mined with soil and tively removed, suppressed or abated on
covered therewith so that flies shall not be at- or before the time stated in the notice, to
tracted thereto., be not less than 15 days after service of
(Ord. No.. 19-00, § 2, 8-8-00) the notice,the town will remove,suppress
or abate the same and assess the cost of so
doing, or such proportion thereof as it
Sec. 42-90. Vegetable or fruit displays un- may deem equitable and just, against the
der temporary cover prohibited. owner or occupant of the premises in-
It shall be unlawful to operate or cause to be volved,provided such assessment shall in
operated any vegetable or fruit display under any no event exceed the proportion of the
tent or temporary structure of any kind, whether estimated amount set forth in the afore-
covered or uncovered, within the town, mentioned notice to be borne by the owner
(Ord. No. 19-00, § 2, 8-8-00) or occupant of the premises involved;
(7) That such notice shall be served upon the
Sec. 42.91. Notice to abate; content. owner,occupant or person having the care
or custody of the particular property in-
Whenever it is made to appear to the town volved, if he or she be found upon the
manager, or the town manager's designee, after premises or within the town., In the event
investigation that a nuisance exists within the the owner, occupant or custodian cannot
town pursuant to the provisions of this chapter, be found within the town after reasonable
the town manager or the town manager's desig- and diligent inquiry, such notice shall be
nee shall forthwith prepare an estimate of the posted in a conspicuous place upon the
total cost of removing, suppressing or abating the premises and a copy thereof mailed by
nuisance and cause to be served upon the person certified mail, return receipt requested,
owning, occupying or having the care or custody and by regular mail, to the last known
5upp No. 2 CD42:8
194
ENVIRONMENT § 42-94
address of'such owner,occupant or person council shall,by resolution,fix,levy and impose a
having the care or custody of the land special assessment against the property involved
involved. in an amount not exceeding either the actual cost
(Ord. No.. 19-00, § 2, 8-8-00) of the work, or the estimated special assessment
stated in the notice,
Sec. 42-92. Hearing.
(b) The resolution shall specify the fallowing:
Any person owning or occupying the property (1) Description of the work performed.
removed or otherwise interested, who objects to
the proposed removal, suppression or abatement (2) Date of completion.
or levy of a special assessment under this
subchapter, must present in writing to the town (3) Total cost,
manager, his or her objections, within ten days of
the mailing or posting of the notice and must (4) The proportion of such cost to be financed
request a hearing before the town council, or the and defrayed by special assessment.
person shall have deemed to have consented (5) The unit or basis for distributing the
thereto. The hearing shall be on the first regu- amount to be specially assessed among
larly scheduled meeting following the request for the several parcels of property where more
the hearing. After the hearing, the town council, than one parcel is liable for assessment..
in the exercise of its discretion, may approve,
revise, modify or abandon the proposed action. (6) The fact that alien has been assessed by
(Ord. No. 19-00, § 2, 8-8-00) the town with a complete schedule or
breakdown of the specific amount of spe-
Sec. 4293. Abatement by town. cial assessment levied and imposed against
and upon each respective particular par-
If at the time specified in the notice as provided cel of property involved, showing in detail
in section 42-91, the nuisance has not been re- the description of the property, name of
moved, suppressed or abated, or in the event a owner and amount of assessment as sev-
hearing is held by the town council and the notice erally and respectively levied and im-
is upheld in whole or in part, the town manager posed.
shall cause to be removed, suppressed or abated
the nuisance referred to in the notice according to (7) That such liens shall bear interest at a
the terms set forth in the notice or,in the event of rate of eight percent per annum com-
a hearing, in the manner approved by the town pounded unless paid within 30 days after
council.. publication of such resolution..
(Ord. No. 19-00, § 2, 8-8-00) (8) That the town clerk shall forthwith have
prepared anal filed of record, the amount
Sec. 42»94. Levy of special assessment lien of such lien assessed against each parcel
against property. of property, the date of completion of such
(a) The town manager shall, as soon as prat- work and such other information as may
ticable and within 30 days after the completion of be deemed appropriate.
work as authorized in this subchapter, ascertain (9) That the town clerk shall cause the reso-
and determine the actual cost thereof and the lution to be published by posting, or pub-
respective portions to be borne by the town if any, lication in a newspaper, as required by
and the owners or occupants of the property law.
involved and,thereupon shall notify the owner or
occupant,in writing,of the amount required to be (10) That the town shall have, assert and
borne by the owner or occupant. In the event said possess a lien,superior to all other claims,
amount is not paid to the town within thirty days except taxes, against and upon the prop-
of the date of said notice in writing, the town erty as therein described for the respec-
Seipp. No 2 CD42:9
195
§42-94 PALM BEACH CODE
tive amounts of such special assessments Sec. 42-127. Breeding places enumerated.
as indicated above,together with interest
and costs of collection. Collections of water in which mosquitoes breed
or are likely to breed are those contained. in
(11) Commanding the town manager to en- ditches, ponds, pools, excavations, holes, depres-
force collection thereof, sions, open cesspools, fountains, cisterns, tanks,
(Ord. No. 19-00, § 2, 8-8-00) shallow wells,barrels,troughs,urns, cans,boxes,
bottles, tubs, buckets, defective house roof gut-
Sec. 42.95. Civil actions. ters, tanks or flush closets, or similar water
containers.
In addition to the other remedies and charges (Code 1982, § 9-33)
provided in this article, the town attorney is
authorized to file appropriate civil actions for a Sec. 42-128. Presence of larvae evidence of
temporary restraining order, temporary injunc- breeding.
tion,permanent injunction,or for damages,against The natural presence of mosquito larvae in
any person violating this article. standing or running water shall be evidence that
(Ord. No, 19-00, § 2, 8-8-00) mosquitoes are breeding there.
(Code 1982, § 9-34)
Sec. 42-96. Emergency action.
Nothing in this article shall be construed to Sec. 42-129. Failure to correct on notice;cor-
limit the town's authority to immediately abate rection by town.
any nuisance existing on public or private prop- If the person responsible for the condition of
erty should an emergency exist. premises on which mosquitoes breed or are likely
(Ord.. No. 19-00, § 2, 8-8-00) to breed fails or refuses to take necessary mea-
sures to prevent such breeding within three days
See. 42-97. Penalty. after notice in writing has been given him by the
code enforcement officer or other officer desig-
In addition to the penalties prescribed herein, nated by the town manager to enforce this article,
the violation of this article may, upon conviction, or within such longer time after such notice as
be punished pursuant to section 1-14 of the town's may be specified in the notice, the person respon-
Code of Ordinances. Additionally, a violation of sible shall be deemed guilty of a violation of this
any of the provisions of this article may be re- article; and for each day after the expiration of
ferred to the town's code enforcement board., the three days from the day on which such notice
(Ord. No. 19-00, § 2, 8-8-00) is given him, or for each day after the expiration
of the time specified in the notice, as the case may
be, that the person responsible fails or refuses to
Secs. 42-98-42.125. Reserved. make such measure, the person responsible shall
be deemed guilty of a separate violation of this
ARTICLE III. MOSQUITO CONTROL article; and in each such failure or refusal of the
person responsible, the enforcing officer is autho-
rized to take the necessary steps to prevent the
Sec. 42-126. Breeding places prohibited. breeding of mosquitoes, and all necessary costs
incurred by the enforcing officer for that purpose
It shall be unlawful for any person to have, shall be charged against the person responsible.
keep, maintain, cause or permit within the town (Cade 1982, § 9-35)
any collection of standing or flowing water in
which mosquitoes breed or are likely to breed, Sec. 42.130. Responsibility for compliance.
unless such collection of water is treated so as
effectually to prevent such breeding, For the purpose of this article, the person
(Code 1982, § 9-32) responsible for the condition of any premises is
5upp.No 2 CD42:10
196
Fw: Whitefly - Ordinance No. 32-2011 -ALTERNATE LANGUAGE ADDED
2 Peter B EWeH l ,_. Cheryl Kleen 12/08/2011 12:50 PM
Cheryl -
Please include this email and the attached document in the back-up materials for the 12/13 TC meeting.
Thanks,
Peter
----- Forwarded by Peter B Elwell/PalmBeach on 12/08/2011 12:50 PM-----
From: 'Randolph, John C."<jrandolph @jones-foster.com>
To: "PElwell @townofpalmbeach.com"<PElwell @townofpalmbeach.com>
Gate: 12/08/2011 11:44 AM
Subject: Whitefly-Ordinance No. 32-2011 -ALTERNATE LANGUAGE ADDED
Peter,
In the event, after consideration, the Council feels that it would be appropriate to include a reference to
whitefly in the ordinance, I am attaching hereto an alternative ordinance which incorporates language
which I had originally included, but deleted in the final version which I provided to Council. The Council
may feel that it is beneficial to include this reference to whitefly as may some of the entomologists that I
have spoken to in regard to this matter. They may also suggest other varieties of whitefly to address,
which varieties can be added at the meeting if the Council chooses to do so based upon input it receives
from the experts and from the public.
John C. Randolph
Attorney
Direct: 561-650-0458
Fax: 561-650-0465
jrandolph(o)iones-foster.com
Jones, Foster, Johnston &Stubbs, P.A.
Attorneys &Counselors
505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401
Telephone: 561-659-3000
Website
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by
us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the
Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s)
and may be privileged and confidential. If you are not the intended recipient, you received this in error. If
so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by
email and delete the original message.
1C28266-ordinance 32-2011 whitefly ALTERNATE LANGUAGE ADDED.DOC
197
ORDINANCE NO. 32-2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 42, ENVIRONMENT; ARTICLE II, CONDITIONS
ON PRIVATE PROPERTY; DIVISION 3, UNSIGHTLY,
UNSAFE OR UNSANITARY CONDITIONS; AT SECTION
42-86, MAKING IT UNLAWFUL AND CONSTITUTING A
NUISANCE FOR ANY PERSON OWNING LAND WITHIN
THE TOWN TO HAVE OR PERMIT THEREON ANY DEAD,
DYING OR DEFOLIATED HEDGES OR TREES WHICH
CAN BE VIEWED FROM PUBLIC RIGHTS-OF-WAY OR
ADJOINING PROPERTIES, OR HEDGES OR TREES
INFESTED WITH EXOTIC PESTS SUCH AS WHITEFLY;
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 42, Environment; Article II, Conditions on Private Property;
Division 3, Unsightly, Unsafe or Unsanitary Conditions; Section 42-86, Prohibited, to
include a new item (21) to read as follows:
"Sec. 42-86. Prohibited.
It shall be unlawful and shall constitute a nuisance for any owner of
land within the town to have or permit thereon any:
(1) Conditions in violation of any of the provisions this chapter.
(2) Rank vegetational growth that exudes unpleasant or noxious
odors, high or rank vegetational growth that may conceal
pools of water, trash or filth, or any other deposits that may
be detrimental to health.
(3) Brush, weeds or grass that shall be greater than eight inches
in height above the ground.
(4) Dead or dying trees, stumps, roots or obnoxious growth.
198
(5) Sand, soil or other fill material used in connection with or
resulting from construction projects.
(6) Filth, garbage, trash or debris.
(7) Decayed or decaying buildings or structures, ruins of any
kind or buildings, docks, walls or other structures in a failing
or dangerous condition.
(8) Any condition which provides harborage for rats, mice,
snakes, or other vermin.
(9) Any building or other structure which is in such a dilapidated
condition that is unfit for human habitation, or kept in such an
unsanitary condition that it is a menace to the health of
people residing in the vicinity thereof, or presents a more
than ordinary dangerous fire hazard in the vicinity where it is
located.
(10) All unnecessary or unauthorized noises and annoying
vibrations, including animal noises.
(11) All disagreeable or obnoxious odors and stenches, as well
as the conditions, substances, or other causes which give
rise to the emission or generation of such odors and
stenches.
(12) The carcasses of animals or fowl not disposed of within a
reasonable time after death.
(13) The pollution of any public well or cistern, stream, lake,
canal, or body of water by sewage, dead animals,
commercial wastes, or other substances.
(14) Any building, structure, or other place or location where any
activity which is in violation of local, state, or federal law is
conducted, performed or maintained.
(15) Any accumulation of stagnant water permitted or maintained
on any lot or piece of ground.
(16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or
cinders, in unreasonable quantities.
Ordinance No.32-2011 Page 2 of 4
199
(17) Any condition constituting a fire hazard.
(18) Any worn-out, scrapped, partially dismantled, nonoperative,
unusable, or discarded materials or objects, such as
automobiles or parts thereof, building materials, machinery,
metal, wastepaper, rags, glassware, tinware, vehicles, boats
or parts thereof, or other items of junk. Failure of any vehicle,
or parts thereof, to have a valid license plate or other
registration certificate specifically attached to the vehicle or
part thereof, shall be prima facie evidence that such property
is worn out, scrapped, nonoperative, unusable or discarded.
(19) Failure of any person who has cleared land pursuant to a
land clearing permit to resod, replant or periodically sprinkle
the cleared area to prevent creation of windblown dust or
dirt.
(20) A seawall or bulkhead which falls into a state of disrepair or
ruin so as to allow erosion to land adjacent thereto.
(21) Dead, dying or defoliated hedges or trees which can be
viewed from public rights-of-way or adjoining property, or
hedges or trees infested with exotic pests such as whitefly
[Singhiella simplex(Singh) (Hemiptera: Aleyrodidael)]."
Section 2. 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 3. 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.32-2011 Page 3 of 4
200
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 5. 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 day of , 2011,
and for second and final reading on this day of ,
2012.
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
p:\docs\13156\00008\doc\1 c28266.doc
Ordinance No.32-2011 Page 4 of 4
201
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TOWN OF PALM BEACH
Town Council Meeting on: December 13, 2011
Section of A eg nda
Ordinances - First Reading
Agenda Title
ORDINANCE NO. 33-2011 An Ordinance of the Town Council of the Town of Palm
Beach, Palm Beach County, Florida, Amending Chapter 46 of the Town of Palm Beach
Code of Ordinances, Fire Prevention and Protection, at Article III, Fire Prevention
Code, Section 46-66, Codes Adopted; Copies on File, by Adopting by Reference Florida
Administrative Code Chapter 69A-60; the Florida Fire Prevention Code, With Local
Amendments, Including NFPA 1, the Fire Code, Florida 2009 Edition, and NFPA 101, The
Life Safety Code, Florida 2009 Edition; Providing for Severability; Repealing All
Ordinances or Parts of Ordinances in Conflict Herewith; Providing for Codification; and
Providing for an Effective Date.
Presenter
Kirk Blouin, Director of Public Safety
Supporting Documents
• Memorandum dated December 1, 2011, from Kirk Blouin, Director of Public Safety
• Ordinance No. 33-2011
• NFPA Codes Adopted
205
TOWN OF PALM BEACH
Information for Town Council Meeting on: December 13, 2011
To: Mayor and Town Council
Via: Peter B. Elwell, Town Manager
From: Kirk Blouin, Public Safety Director
Re: Amendment to Chapter 46 of the Town Code of Ordinances relating
to Fire Prevention and Protection, Amending Article III, Fire Prevention Code,
Section 46-66, Codes Adopted, Copies on File
Ordinance No. 33-2011
Date: December 1, 2011
STAFF RECOMMENDATION
Fire Rescue Staff recommends a motion to approve the adoption of an ordinance enacting the
following codes effective upon approval January 10, 2012.
• Florida Administrative Code, Chapter 69A-60, the Florida Fire Prevention Code,
including:
• NFPA 1, the Fire Code, Florida 2009 Edition
• NFPA 101, the Life Safety Code, Florida 2009 Edition
GENERAL INFORMATION
It is necessary that the above Codes be adopted to maintain the three year cycle mandated by the
State of Florida in Chapter 633.0215 and 633.025, Florida Statutes, requiring local governments
to enforce statewide Florida Administrative Code Chapter 69A-60, the Florida Fire Prevention
Code, as adopted by the State of Florida Fire Marshal, with Local Amendments, as the minimum
Fire Safety Code, including NFPA 1, the Fire Code, Florida 2009 Edition and NFPA 101, the
Life Safety Code, Florida 2009 Edition. The amendment of Chapter 46 of the Town Code of
Ordinances relating to Fire Prevention and Protection at Article III, Fire Prevention Code,
Section 46-66, will give the Fire Rescue Department the necessary tools to enforce fire, life and
safety issues within the Town of Palm Beach limits. The last time the Town Council approved
the codes used by Fire Rescue for enforcement was November 12, 2008.
FUNDING/FISCAL IMPACT
The funding relating to the adoption of this code amendment is negligible and has already been
budgeted.
Attachments
206
ORDINANCE NO. 33-2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 46
OF THE TOWN OF PALM BEACH CODE OF ORDINANCES, FIRE
PREVENTION AND PROTECTION, AT ARTICLE III, FIRE PREVENTION
CODE, SECTION 46-66, CODES ADOPTED; COPIES ON FILE, BY
ADOPTING BY REFERENCE FLORIDA ADMINISTRATIVE CODE
CHAPTER 69A-60, THE FLORIDA FIRE PREVENTION CODE, WITH
LOCAL AMENDMENTS, INCLUDING NFPA 1, THE FIRE CODE,
FLORIDA 2009 EDITION, AND NFPA 101, THE LIFE SAFETY CODE,
FLORIDA 2009 EDITION; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 46 of the Town Code of Ordinances relating to Fire
Prevention and Protection is hereby amended at Article III, Fire Prevention Code,
Section 46-66, to read as follows:
"Sec. 46-66. Codes adopted; copies on file.
(a) There are hereby adopted by the Town, for the purpose of
prescribing regulations governing conditions hazardous to the health,
safety, welfare, life and property from fire or explosion, certain codes in
accordance with Florida State Statute 633.0215 and 633.025, the "Florida
Fire Prevention Code", as adopted by the State Fire Marshal in Chapter
69A-60, Florida Administrative Code, as may be amended, including
NFPA 1, the Fire Code, Florida 2009 Edition, and NFPA 101, the Life
Safety Code, Florida 2009 Edition, all of which are deemed adopted by
reference as fully as if set out at length herein as the minimum fire safety
code. If conflict exists between the codes, the more stringent shall be
applied at the discretion of the Director of Public Safety or his
representative.
(b) A copy of each of the above codes is on file with the Town
Clerk and the same are adopted and incorporated as fully as if set out at
length herein, and from the date on which this section shall take effect the
provisions thereof shall be controlling within the limits of the Town."
207
Section 2. Sections 46-67 through 46-144 of the Town Code are hereby
amended to incorporate the codes referenced in Section 1 above.
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.
Ordinance No.33-2011 Page 2 of 3
208
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 13th day of December, 2011, and for
second and final reading on this 10th day of January, 2012.
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
Ordinance No.33-2011 Page 3 of 3
209
69A-3.012 Standards of the National Fire Protection Association and Other Standards Adopted.
(1)Except as specifically modified by statute or by the State Fire Marshal's rules,the Florida specific edition of NFPA 101, the
Life Safety Code°, 2009 edition and the Florida specific edition of NFPA 1, the Fire Code,2009 edition, as adopted within Rule
Chapter 69A-60, F.A.C., entitled the "2010 edition of the Florida Fire Prevention Code," are hereby adopted and incorporated by
reference and are applicable to those buildings and structures specified in paragraphs (a) and (b) of subsection (1) of Section
633.022, F.S.In addition, the following standards, except as specifically modified in the rule chapters in Rule Title 69A, are hereby
adopted and incorporated by reference and shall take effect on the effective date of this rule, as a part of the uniform fire safety
standards adopted by rule by the State Fire Marshal and are applicable to those buildings and structures specified in paragraphs (a)
and(b)of subsection(1)of Section 633.022,F.S.:
NFPA 10-2007 edition, Standard for Portable Fire Extinguishers
NFPA 11-2005 edition, Standard for Low-,Medium-, and High-Expansion Foam
NFPA 12-2008 edition, Standard on Carbon Dioxide Extinguishing Systems
NFPA 12A-2009 edition, Standard on Halon 1301 Fire Extinguishing Systems
NFPA 13-2007 edition, Standard for the Installation of Sprinkler Systems
NFPA 13D-2007 edition, Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured
Homes
NFPA 13R-2007 edition, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and including Four
Stories in Height
NFPA 14-2007 edition, Standard for the Installation of Standpipe and Hose Systems
NFPA 15-2007 edition, Standard for Water Spray Fixed Systems for Fire Protection
NFPA 16-2007 edition, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems
NFPA 17-2009 edition, Standard for Dry Chemical Extinguishing Systems
NFPA 17A-2009 edition, Standard on Wet Chemical Extinguishing Systems
NFPA 20-2007 edition, Standard for the Installation of Stationary Pumps for Fire Protection
NFPA 22-2008 edition, Standard for Water Tanks for Private Fire Protection
NFPA 24-2007 edition, Standards for the Installation of Private Fire Service Mains and Their Appurtenances
NFPA 25-2008 edition, Standard for the Inspection,Testing, and Maintenance of Water-Based Fire Protection Systems
NFPA 30-2008 edition,Flammable and Combustible Liquids Code
NFPA 30A-2008 edition,Code for Motor Fuel Dispensing Facilities and Repair Garages
NFPA 30B-2007 edition,Code for the Manufacture and Storage of Aerosol Products
NFPA 31-2006 edition, Standard for the Installation of Oil Burning Equipment
NFPA 32-2007 edition, Standards for Drycleaning Plants
NFPA 33-2007 edition, Standard for Spray Application Using Flammable or Combustible Materials
NFPA 34-2007 edition, Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids
NFPA 35-2005 edition, Standard for the Manufacture of Organic Coatings
NFPA 36-2004 edition, Standard for Solvent Extraction Plants
NFPA 37-2006 edition, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines
NFPA 40-2007 edition, Standard for the Storage and Handling of Cellulose Nitrate Film
NFPA 45-2004 edition, Standard on Fire Protection for Laboratories Using Chemicals
NFPA 51-2007 edition, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied
Processes
NFPA 51A-2006 edition, Standard for Acetylene Cylinder Charging Plants
NFPA 51B-2009 edition, Standard for Fire Prevention During Welding, Cutting and Other Hot Work
NFPA 52-2006 edition,Vehicular Fuel Systems Code
NFPA 53-2011 edition,Recommended Practice on Materials,Equipment, and Systems Used in Oxygen-Enriched Atmospheres
NFPA 54-2009 edition,National Fuel Gas Code
NFPA 55-2005 edition, Standard for the Storage, Use, and Handling of Compressed Gasses and Cryogenic Fluids in Portable and
Stationary Containers,Cylinders and Tanks
NFPA 58-2008 edition,Liquefied Petroleum Gas Code
210
NFPA 59-2008 edition,Utility LP-Gas Plant Code
NFPA 59A-2009 edition, Standard for the Production, Storage and Handling of Liquefied Natural Gas(LNG)
NFPA 61-2008 edition, Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Products Facilities
NFPA 68-2007 edition, Standard on Explosion Protection by Deflagration Venting
NFPA 69-2008 edition, Standard on Explosion Prevention Systems
NFPA 70-2008 edition,National Electrical Code®
NFPA 72-2007 edition,National Fire Alarm Code®
NFPA 75-2009 edition, Standard for the Protection of information Technology Equipment
NFPA 80-2007 edition, Standard for Fire Doors and Other Opening Protectives
NFPA 80A-2007 edition,Recommended Practice for Protection of Buildings from Exterior Fire Exposures
NFPA 82-2004 edition, Standard on Incinerators and Waste and Linen Handling Systems and Equipment
NFPA 85-2007 edition,Boiler and Combustion Systems Hazards Code
NFPA 86-2007 edition, Standard for Ovens and Furnaces
NFPA 88A-2007 edition, Standard for Parking Structures
NFPA 90A-2009 edition, Standard for the Installation of Air-Conditioning and Ventilating Systems
NFPA 90B-2009 edition, Standard for the Installation of Warm Air Heating and Air-Conditioning Systems
NFPA 91-2004 edition, Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible Particulate
Solids
NFPA 92A-2009 edition, Standard for Smoke-Control Systems Utilizing Barriers and Pressure Differences
NFPA 9213-2009 edition, Standard for Smoke Management Systems in Malls,Atria, and Large Spaces
NFPA 96-2008 edition, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations. Section 10-2.3 of
NFPA 96 applies prospectively only. Existing installations are permitted to remain in place subject to the approval of the authority
having jurisdiction.
NFPA 99-2005 edition, Standard for Health Care Facilities
NFPA 9913-2010 edition, Standard for Hypobaric Facilities
NFPA IOIA-2007 edition,Guide on Alternative Approaches to Life Safety
NFPA 102-2006 edition, Standard for Grandstands,Folding and Telescoping Seating,Tents and Membrane Structures
NFPA 105-2007 edition, Standard for the Installation of Smoke Door Assemblies and Other Opening Protectives
NFPA 110-2005 edition, Standard for Emergency and Standby Power Systems
NFPA 111-2005 edition, Standard on Stored Electrical Energy Emergency and Standby Power Systems
NFPA 115-2008 edition, Standard for Laser Fire Protection
NFPA 120-2004 edition, Standard for Fire Prevention and Control in Coal Mines
NFPA 122-2004 edition, Standard for Fire Prevention and Control in Metal/Nonmetal Mining and Metal Mineral Processing
Facilities
NFPA 130-2010 edition, Standard for Fixed Guideway Transit and Passenger Rail Systems
NFPA 140-2008 edition, Standard on Motion Picture and Television Production Studio Soundstages, Approved Production
Facilities, and Production Locations
NFPA 150-2007 edition, Standard on Fire and Life Safety in Animal Housing Facilities
NFPA 160-2006 edition, Standard for Use of Flame Effects Before an Audience
NFPA 170-2006 edition, Standard for Fire Safety and Emergency Symbols
NFPA 204-2007 edition, Standard for Smoke and Heat Venting
NFPA 211-2006 edition, Standard for Chimneys,Fireplaces,Vents, and Solid Fuel Burning Appliances
NFPA 214-2011 edition, Standard on Water-Cooling Towers
NFPA 221-2009 edition, Standard for High Challenge Fire Walls,Fire Walls, and Fire Barrier Walls
NFPA 232-2007 edition, Standard for the Protection of Records
NFPA 241-2004 edition, Standard for Safeguarding Construction,Alteration and Demolition Operations
NFPA 251-2006 edition, Standard Methods of Tests of Fire Resistance of Building Construction and Materials
NFPA 252-2008 edition, Standard Methods of Fire Tests of Door Assemblies
NFPA 253-2006 edition, Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat
211
Energy Source
NFPA 255-2006 edition, Standard Method of Test of Surface Burning Characteristics of Building Materials
NFPA 256-2003 edition, Standard Methods of Fire Tests of Roof Coverings
NFPA 257-2007 edition, Standard on Fire Tests for Window and Glass Block Assemblies
NFPA 259-2008 edition, Standard Test Method for Potential Heat of Building Materials
NFPA 260-2009 edition, Standard Methods of Test and Classification System for Cigarette Ignition Resistance of Components of
Upholstered Furniture
NFPA 261-2009 edition, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material
Assemblies to Ignition by Smoldering Cigarettes
NFPA 265-2007 edition, Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile Coverings on
full Height Panels and Walls
NFPA 271-2004 edition, Standard Method of Test for Heat and Visible Smoke Release Rates for Materials and Products Using an
Oxygen Consumption Calorimeter
NFPA 286-2006 edition, Standard Methods of Fire Test for Evaluating Contribution of Wall and Ceiling Interior Finish to Room
Fire Growth
NFPA 288-2007 edition, Standard Methods of Fire Tests of Floor Fire Door Assemblies Installed Herizontally in Fire Resistance-
Rated Floor Systems
NFPA 291-2007 edition,Recommended Practice for Fire Flow Testing and Marking of Hydrants
NFPA 302-2004 edition,Fire Protection Standard for Pleasure and Commercial Motor Craft
NFPA 303-2006 edition,Fire Protection Standards for Marinas and Boatyards
NFPA 307-2006 edition, Standard for the Construction and Fire Protection of Marine Terminals,Piers, and Wharves
NFPA 312-2006 edition, Standard for Fire Protection of Vessels During Construction,Conversion,Repair, and Lay-Up
NFPA 318-2009 edition, Standard for the Protection of Semiconductor Fabrication Facilities
NFPA 326-2005 edition, Standard for the Safeguarding of Tanks and Containers for Entry,Cleaning,or Repair
NFPA 385-2007 edition, Standard for Tank Vehicles for Flammable and Combustible Liquids
NFPA 407-2007 edition, Standard for Aircraft Fuel Servicing
NFPA 409-2004 edition, Standard on Aircraft Hangars
NFPA 410-2004 edition, Standard on Aircraft Maintenance
NFPA 415-2008 edition, Standard on Airport Terminal Buildings,Fueling Ramp Drainage, and Loading Walkways
NFPA 418-2006 edition, Standard for Heliports
NFPA 430-2004 edition,Code for Storage of Liquid and Solid Oxidizers
NFPA 432-2002 edition,Code for Storage of Organic Peroxide Formulations
NFPA 434-2002 edition,Code for the Storage of Pesticides
NFPA 484-2009 edition, Standard for Combustible Metals
NFPA 490-2002 edition,Code for the Storage of Ammonium Nitrate
NFPA 495-2006 edition,Explosive Materials Code
NFPA 498-2006 edition, Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives
NFPA 501-2005 edition, Standard on Manufactured Housing
NFPA 501A-2005 edition, Standard for Firesafety Criteria for Manufactured Home Installations, Sites, and Communities
NFPA 502-2011 edition, Standard for Road Tunnels,Bridges, and Other Limited Access Highways
NFPA 505-2006 edition, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use,
Conversions,Maintenance, and Operation
NFPA 560-2007 edition, Standard for the Storage,Handling, and Use of Ethylene Oxide for Sterilization and Fumigation
NFPA 601-2005 edition, Standard for Security Services in Fire Loss Prevention
NFPA 654-2006 edition, Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and
Handling of Combustible Particulate Solids
NFPA 655-2007 edition, Standard for Prevention of Sulfur Fires and Explosions
NFPA 664-2007 edition, Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities
NFPA 701-2004 edition, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films
212
NFPA 703-2009 edition, Standard for Fire Retardant-Treated Wood and Fire-Retardant Coatings for Building Materials
NFPA 704-2007 edition, Standard System for the Identification of the Hazards of Materials for Emergency Response
NFPA 750-2006 edition, Standard on Water Mist Fire Protection Systems
NFPA 780-2011 edition, Standard for the Installation of Lightning Protection Systems
NFPA 820-2008 edition, Standard for Fire Protection in Wastewater Treatment and Collection Facilities
NFPA 850-2010 edition, Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current
Converter Stations
NFPA 909-2005 edition,Code for the Protection of Cultural Resources Properties—Museums,Libraries, and Places of Worship
NFPA 914-2007 edition,Code for Fire Protection of Historic Structures
NFPA 1122-2008 edition,Code for Model Rocketry
NFPA 1123-2006 edition,Code for Fireworks Display
NFPA 1124-2006 edition,Code for the Manufacture,Transportation, Storage, and Retail Sale of Fireworks and Pyrotechnic Articles
NFPA 1125-2007 edition,Code for the Manufacture of Model Rocket and High Power Rocket Motors
NFPA 1126-2006 edition, Standard for the Use of Pyrotechnics Before a Proximate Audience
NFPA 1127-2008 edition,Code for High Power Rocketry
NFPA 1142-2007 edition, Standard on Water Supplies for Suburban and Rural Fire Fighting
NFPA 1144-2008 edition, Standard for Reducing Structure Ignition Hazards from Wildland Fire
NFPA 1192-2008 edition, Standard on Recreational Vehicles
NFPA 1194-2008 edition, Standard for Recreational Vehicle Parks and Campgrounds
NFPA 1221-2010 edition, Standard for the Installation,Maintenance, and Use of Emergency Services Communications Systems
NFPA 1561-2008 edition, Standard on Emergency Services Incident Management System
NFPA 1600-2007 edition, Standard on Disaster/Emergency Management and Business Continuity Programs
NFPA 1962-2008 edition, Standard for the Inspection, Care, and Use of Fire Hose, Couplings, and Nozzles and the Service Testing
of Fire Hose
NFPA 1963-2003 edition, Standards for Fire Hose Connections
NFPA 2001-2008 edition, Standard on Clean Agent Fire Extinguishing Systems
The portions of 49 Code of Federal Regulations, Parts 100-177 which are referenced in Compressed Gas Association CGA C-1-
1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for
Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995,Compressed Gas Association CGA C-6.1-
1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association
CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders,
Second Edition, and which pertain to low pressure and high pressure cylinders.
The portions of 29 Code of Federal Regulations, Parts 1900-1910 which are referenced in Compressed Gas Association CGA C-1-
1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for
Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995,Compressed Gas Association CGA C-6.1-
1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association
CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders,
Second Edition, and which pertain to low pressure and high pressure cylinders.
Compressed Gas Association CGA C-1-1996,Methods for Hydrostatic Testing of Compressed Gas Cylinders.
Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition,
Reaffirmed 1995.
Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas
Cylinders.
Compressed Gas Association CGA C-6.3-1999, Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum
Compressed Gas Cylinders, Second Edition.
(2)All buildings, structures, establishments, facilities,equipment, or vehicular equipment over which the State Fire Marshal has
jurisdiction which are constructed, renovated, expanded, rehabilitated, or in any other way significantly altered on or after the
effective date of the adoption of the codes and standards adopted in subsection(1), above, shall conform to the requirements of the
codes, standards, recommended practices, and manuals contained therein, unless the structure, establishment, or facility has been
213
exempted from complying because the building, structure, establishment, facility, equipment, or vehicular equipment has been
granted an exemption from compliance by act of the Legislature.
(3)All buildings, structures, establishments, facilities,equipment, or vehicular equipment over which the State Fire Marshal has
jurisdiction which are in existence on or after the effective date of the adoption of the codes and standards adopted in subsection(1),
above, shall conform to the requirements of those codes and standards within a reasonable period of time. It is understood that the
correction of some fire safety violations will necessitate the employment of design professionals while other violations can be
expeditiously resolved. "Within a reasonable time"is defined as the amount of time it would normally take to correct a specific fire
code violation under the assumption that the property owner would begin to correct said violations upon receipt of an official
document from the enforcing agency.
(4)The codes and standards published by the National Fire Protection Association, including the Florida edition of NFPA 1 and
NFPA 101 as adopted in Rule Chapter 69A-60, F.A.C., may be obtained by writing to BNi, 1612 S. Clementine Street, Anaheim,
CA 92802. ANSI standards may be obtained from the American National Standards Institute, 25 West 43rd Street, 4th Floor, New
York, N.Y. 10036. ANSI/ASME standards may be obtained from the American Society of Mechanical Engineers, Three Park
Avenue, New York, N.Y. 10016-5990. ASTM standards may be obtained from the American Society for Testing and Materials, 100
Barr Harbor Drive,West Conshohocken, PA 19428-2959. UL standards may be obtained from Underwriters Laboratories,Inc., 333
Pfingston Road, Northbrook, IL 60062. All standards incorporated by reference in this rule are also available for public inspection
during regular business hours at the Division currently located on the third floor(Room 326)of the Atrium Building,325 John Knox
Road,Tallahassee,Florida.
(5) The Code of Federal Regulations and the Compressed Gas Association(CGA) documents incorporated by reference in this
rule are available for public inspection during regular business hours at the Division currently located on the third floor(Room 326)
of the Atrium Building,325 John Knox Road,Tallahassee,Florida.
(6)Notice required for structures with light-frame truss-type construction.
Purpose: The purpose of this rule is to require the placement of an identifying symbol on structures constructed with a light-frame
truss component in a manner sufficient to warn persons conducting fire control and other emergency operations of the existence of
light-frame truss-type construction in the structure.
(a)Definitions.
1. "Light-frame truss-type construction" means a type of construction whose primary structural elements are formed by a
system of repetitive wood or light gauge steel framing members.
2. "Approved symbol" means a Maltese Cross measuring 8 inches horizontally and 8 inches vertically, of a bright red reflective
color,designed in accordance with Figure 1.
(b) Any commercial, industrial, or any multiunit residential structure of three units or more which uses horizontal or vertical
light-frame truss-type construction in any portion shall be marked with an approved symbol. Townhouses are not multiunit
residential structures and therefore not subject to this rule. Each approved symbol shall include within the center circle one of the
following designations:
1. Structures with light-frame truss roofs shall be marked with the letter"R".
2. Structures with light-frame truss floor systems shall be marked with the letter"F".
3. Structures with light-frame truss floor and roof systems shall be marked with the letters"R/F".
(c)The approved symbol shall be placed within 24 inches to the left of the main entry door and:
1.Be permanently attached to the face of the structure on a contrasting background,or
2.Be mounted on a contrasting base material which is then permanently attached to the face of the structure.
(d)The distance above the grade, walking surface or the finished floor to the bottom of the symbol shall be not less than 4 feet
(48 in).
(e)The distance above the grade, walking surface or the finished floor to the top of the symbol shall be not more than 6 feet(72
in).
(7)In single tenant structures with multiple main entry doors, such as big box retail stores,department stores and grocery stores,
the authority having jurisdiction is authorized to require that other main entry doors of the structure be marked with an approved
symbol to carry out the purpose in subsection(6) above.
(8) In multiple tenant structures and covered malls with multiple main entry doors, the authority having jurisdiction is
authorized to require that other main entry doors be marked with an approved symbol to carry out the purpose in subsection (6)
214
above.In such structures, approved symbols shall be marked on one side only and spaced not closer than 100 feet or at each end of
the structure when such structure is less than 100 feet in length.
(9) The owner of each new structure required to comply with this section shall mark the structure with the approved symbol
prior to receiving a certificate of occupancy.
(10) The owner of each existing structure required to comply with this section shall mark the structure with the approved
symbol within 90 days of the effective date of this rule section.
(11) Where the owner of the structure and the authority having jurisdiction disagree as to the use of light-frame truss-type
construction within the structure, the owner shall be granted not more than 45 days to provide written verification from a licensed
engineer or licensed architect; otherwise the owner shall comply with the rule.
Figure 1:
Approved Symbol
Light-frame"Roof'only
Light-frame"Floor"only
215
RF
Light-frame"Floor&Roof'
Rulemaking Authority 633.01(1), 633.022, 633.0215, 633.027 FS. Law Implemented 633.01, 633.022, 633.0215, 633.027 FS. History—New 5-14-
86,Amended 2-12-87,4-8-90, 10-30-91,4-3-95, 11-27-01,Formerly 4A-3.012,Amended 8-7-05, 5-18-08, 12-31-08, 12-13-09, 12-31-11.
216
SCORING o RESULTS
Workshop - Item for 12/13 TC Meeting -
ANOMW� o ow-u
Peter B EW011 try: 12/09/201101:13 PM
c Dept. Directors, Susan Owens, Cheryl Kleen,Anne Boyles, Patricia
Gayle-Gordon
M&TC-
Listed below are all of the ideas offered by the participants who addressed you during the November 9
Town Council Workshop regarding revenue sources and parking enforcement. I have aggregated your
individual scores for each of these items and have listed them in prioritized order. The items with the
strongest consensus favoring the idea are listed first and the lowest priority ideas are listed at the bottom.
I also have listed in parentheses the number of"5"scores received by each item, so that within groups of
equal or similar aggregate scores you will be able to see items that are more strongly favored by one or
more individuals.
I look forward to further assisting you at the 12/13 TC meeting as you identify those items on which you
want highest priority follow-up by Town staff or others.
- Peter
REVENUE IDEAS
Insist on share of Bed Tax from County-4.6 (3)
Ask Legislature to authorize Town to impose local Bed Tax-3.6(3)
Increase Alarm System Fees-3.6(0)
Create private foundation to support the Town's Coastal Management Program-3.2 (2)
Ask Legislature to authorize Town or County to impose local Rental Car Surcharge-3.2 (1)
Offer Tax Increment Financing as an inducement to redevelopment-2.6 (0)
Sell other Town owned property- 1.6(0)
Green Market- 1.2 (0)
Reduce residential garbage collection- 1.2 (0)
Reduce landscaping costs at Royal Palm Way and Royal Poinciana Way- 1.2 (0)
Street Fairs and Festivals- 1.0(0)
Sell Peruvian Avenue Park-0.8(0)
PARKING ENFORCEMENT IDEAS
Require certificate verifying employee parking before issuing annual Business Tax Receipt-5.0(5)
Make Town employees park in West Palm Beach and bring them to Palm Beach by shuttle-2.2 (0)
Reduce time limit from 2 hours to 1 hour on Worth Avenue-2.0(0)
Offer a continuous public transportation loop(bus, trolley, van)-2.0(0)
COMBINED REVENUE/PARKING IDEAS
Redevelopment of Apollo Lot with parking garage, retail, residential, and offices-4.0(2)
15% of revenues from Apollo Lot in exchange for free parking on Worth Avenue and Peruvian Avenue-
3.4(2)
Expand permit parking to Peruvian Avenue-3.4 (1)
Try valet parking on Worth Avenue again-2.4(1)
Reduce fees for monthly parking permits-2.0 (0)
Closure of Royal Poinciana Way Median
s; Marsha Wilson
to:
council
11/22/201109:33 AM
Cc:
mayor
Hide Details
From: Marsha Wilson <marshatannerwilson @gmail.com>
To: council @townofpalmbeach.com
Cc: mayor @townofpalmbeach.com
History: This message has been forwarded.
Dear Members of the Town Council,
I am writing in opposition to the closing of the Royal Poinciana Way median. Royal Poinciana is a
major entry point onto the Island, and its current configuration maintains the traditional quality of the
town so valued by residents and visitors alike. The addition of only 39 parking spaces does not merit this
fundamental change in the town's character.
I urge that you not proceed with plans for the temporary closure.
Thank you for considering this point -of -view.
Marsha Tanner Wilson
350 Cocoanut Row
Apartment 2A
Fw: Royal Poinciana Median Closing
Cheryl Kleen 12/01/2011 09:41 AM
Sent to MTC
- - - -- Forwarded by Anne Boyles /Palm Beach on 12/01/2011 09:40 AM - - - --
From: Anne Boyles/Pa lmBeach
To:
Gate: 11/16/2011 10:31 AM
Subject: Royal Poinciana Median Closing
Barbara Callahan called to voice her strong opposition to closing the median on Royal Poinciana. She
said she thinks it is a terrible idea and will make it look like a parking lot
-
Royal Poinciana Way Median Closing
Cheryl Kleen 12/01/2011 09:40 AM
Sent to MTC
- - - -- Forwarded by Anne Boyles /Palm Beach on 12/01/2011 09:40 AM - - - --
From: Anne Boyles/Pa lmBeach
To:
Gate: 11/21/2011 12:22 PM
Subject: Royal Poinciana Way Median Closing
Joanie Goodman, 911 North Ocean Blvd., called to state her opposition to closing the median cut on
Royal Poinciana Way.
TUESDAY, DECEMBER 13, 2011, TOWN COUNCIL MEETING
"APPROVAL OF AGENDA" INFORMATION SHEET
XI. REGULAR AGENDA
B. New Business
7. Shore Protection Board Appointments.
[Peter B. Elwell, Town Manager]
Move to Consent Agenda Other, #4.
Page 5
TIME CERTAIN
XI. REGULAR AGENDA
B. New Business
2. Flagler Memorial Bridge Construction Update.
[Ryan Hamrick, P.E., Project Manager, PCL Civil Constructors, Inc.]
TIME CERTAIN: 10:30 A.M.
Page 4
XII. ORDINANCES
B. First Reading
1. ORDINANCE NO. 32 -2011 An Ordinance of the Town Council of the
Town of Palm Beach, Palm Beach County, Florida, Amending the Town
Code of Ordinances at Chapter 42, Environment; Article II, Conditions on
Private Property; Division 3, Unsightly, Unsafe or Unsanitary Conditions;
at Section 42 -86, Making it Unlawful and Constituting a Nuisance for Any
Person Owning Land with the Town to Have or Permit Thereon Any Dead,
Dying or Defoliated Hedges or Trees Which Can Be Viewed from Public
Works Rights -of -way or Adjoiiung Properties; Providing for Severability;
Providing for Repeal or Ordinances in Conflict; Providing for Codification;
Providing an Effective Date.
[John C. Randolph, Town Attorney]
TIME CERTAIN: 11:00 A.M.
PZ e 5
ARE THERE ANY OTHER C14ANGES TOT E AGENDA?
Follow -up to Revenue /Parking Workshop - Item for 12/13 TC
Meeting - SCORING RESULTS
Peter B Elwell to: 12/09/2011 01:13 PM
Cc: Dept. Directors, Susan Owens, Cheryl Kleen, Anne Boyles,
Patricia Gayle- Gordon
M &TC -
Listed below are all of the ideas offered by the participants who addressed you during the
November 9 Town Council Workshop regarding revenue sources and parking enforcement. I
have aggregated your individual scores for each of these items and have listed them in
prioritized order. The items with the strongest consensus favoring the idea are listed first
and the lowest priority ideas are listed at the bottom. I also have listed in parentheses the
number of "S" scores received by each item, so that within groups of equal or similar
aggregate scores you will be able to see items that are more strongly favored by one or
more individuals.
I look forward to further assisting you at the 12/13 TC meeting as you identify those items
on which you want highest priority follow -up by Town staff or others.
- Peter
REVENUE IDEAS
nsist o _share of Bed Tax from County - 4.6 (3)
Ask Le g isl re to authorize Town to impose local Bed Tax - 3.6 (3)
In ea a Alarm System Fees - 3.6 (0) — MS; d /01., •
...Create private foundation to support the Town's Coastal Management Program - 3.2 (2)
Ask Le la e to authorize Town or County to impose local Rental Car Surcharge - 3.2 (1)
Offer Tax Increment Financing as an inducement to redevelopment - 2.6 (0)
Sell other Town owned property - 1.6 (0)
Green Market - 1.2 (0)
Reduce residential garbage collection - 1.2 (0)
Reduce landscaping costs at Royal Palm Way and Royal Poinciana Way - 1.2 (0)
Street Fairs and Festivals - 1.0 (0)
Sell Peruvian Avenue Park - 0.8 (0)
PARKING ENFORCEMENT IDEAS
Require -ee ti icf ate verifying employee parking before issuing annual Business Tax Receipt -, ( ��
CAS/' 00
5.0 (5)
Make Town employees park in West Palm Beach and bring them to Palm Beach by shuttle -
2.2 (0)
Reduce time limit from 2 hours to 1 hour on Worth Avenue - 2.0 (0)
Offer a continuous public transportation loop (bus, trolley, van) - 2.0 (0)
COMBINED REVENUE /PARKING IDEAS
Red Zopment of Apollo with parking garage, retail, residential, and offices - 4.0 (2)
15% of revenues from Apollo Lot in exchange for free parking on Worth Avenue and
Peruvian Avenue - 3.4 (2)
Expaph permit parking to Peruvian Avenue - 3.4 (1)
Try valet parking on Worth Avenue again - 2.4 (1)
Reduce fees for monthly parking permits - 2.0 (0)