POLISCOPE

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PALM BEACH (PALM BEACH COUNTY) · LOCALDecisions publishedPartial coverage

Town Council

Tuesday, February 11, 2025 · Government meeting record

The 30-second read

Recorded outcome

Resolution No. 010-2025 Public Utility Easements

The Town Council approved a $34.5 million construction project for Phipps Ocean Park and passed new rules restricting fishing on town-owned bridges and docks. Council members also deferred a decision on installing athletic field lighting at the Mandel Recreation Center to allow for further community consultation.

Why it matters

Residents will see major construction activity at Phipps Ocean Park and must follow new fishing restrictions on town bridges and docks, while neighborhood groups will have more time to weigh in on proposed recreation field lighting.

What happens next

Next meeting: Tuesday, March 4, 2025.

An official outcome record - an action agenda or minutes - is published for this meeting.

Captured actions

3

Recorded outcomes

3

Source artifacts

1

What changed

Other key decisions

3 captured items have a publicly linked outcome.

Search all 3 meeting actions

Money

People and votes

Araskog

Present at this meeting

The reviewed record lists this person as present but does not attribute a motion, statement, or individual vote to them.

3 routine or incompletely attributed roll calls stay in the official record rather than overwhelming this summary.

Record text

No recording or transcript is held for this meeting.

I. 11. Ill. TOWN OF PALM BEACH Minutes of the Town Council Meeting Held on February 11, 2025 CALL TO ORDER AND ROLL CALL (1:14) The Town Council Meeting of February 11, 2025, was called to order at 9:30 a.m. On roll call, all elected officials were found to be present. INVOCATION AND PLEDGE OF ALLEGIANCE (1:51) Town Clerk Churney gave the invocation. Council President Lindsay led the Pledge of Allegiance. MODIFICATIONS TO THE AGENDA (2:28) The following modifications were made to the agenda: There were three certain items announced, which were: • Discussion on Traffic Mitigation at 2:30 p.m. • Resolution No. 007-2025 at 10:30 a.m. • Breakers Hotel Breakwaters Project at 11 :00 a.m. Item XIII.A.5. Discussion Regarding Paid Parking in the Area of County Road, between Wells Road and Royal Poinciana Way as it Relates to Places of Worship was removed from the agenda. Item XIII.A.5. Capital Grant and Operating Agreement Amendment/Resolution No. 021-2025 was added to the agenda. Item XI.II Annual Report of the Investment Advisory Committee was deferred to the March 4, 2025, meeting. Town Council Minutes 2-11-2025 1 of 26

IV. V. APPROVAL OF AGENDA (6:14) A motion was made by Council Member Cooney and seconded by Council Member Araskog to approve the amended agenda. The motion carried unanimously, 5-0. PRESENTATIONS (6:29) A. Annual Report of Palm Beach Island Cats (6:30) David Leavitt, Palm Beach Island Cats Mr. Leavitt reviewed his group's efforts to feed and care for the feral cats located on the island. Council Member Cooney thanked the Palm Beach Island Cats for their benevolent work in caring for the island cats. He asked Mr. Leavitt to let the town council know if there was anything they needed. Council Member Araskog also thanked the Palm Beach Island Cats for their work. This discussion lasted approximately 6 minutes. To listen, please click the link on the agenda topic above. VI. BOARD AND COMMISSION PRESENTATIONS AND APPOINTMENTS (13:39) VII. A. Presentations by the Applicants and Appointments to the Landmarks Preservation Commission (13:41) Please note: Council President Lindsay declared a conflict of interest for the item and left the dais during the discussion. The following presented their credentials to the Town Council and answered their questions: Marc Abramowitz, Jacqueline Albarran, Catherine Brooker, Daniel Clavijo, Alexander Ives, and Jane Lindsay- Scott. A motion was made by Council Member Cooney and seconded by Council Member Araskog to appoint Jacqueline Albarran, Alexander Ives, and Kim Coleman as regular members of the Landmarks Preservation Commission. The motion carried unanimously, 4-0. A motion was made by Council Member Cooney and seconded by Council President Pro Tern Crampton to appoint Jane Lindsay-Scott and Henry lttleson as alternate members of the Landmarks Preservation Commission. The motion carried unanimously, 4-0. This discussion lasted approximately 20 minutes. To listen, please click the link on the agenda topic above. COMMENTS OF MAYOR DANIELLE H. MOORE (34:37) Mayor Moore had no comments. Town Council Minutes 2-11-2025 2 of26

VIII. IX. COMMENTS OF TOWN COUNCIL MEMBERS (36:26) Council Member Araskog had no comments. Counc il Membe r Cooney thanked the Police Department for its presence during rush hour and for its work on a recent st in g to get criminals out of town. He also thanked the Public Works Department for its work to improve Royal Poinciana Way. Council Member Cooney was excited about the Nort h Fir e Station . Council Member Moran had no comments. Council President Pro Tern Crampton thanked Mr. Blouin, the Town Manager, and the staff for working to create an orderly process for reviewing traffic. Counc il President Lindsay invited Police Ch i ef Caristo to share some news. Chief Caristo stated that all lanes were open along the Okeechobee Corridor , and th is would create free-flow ing traffic. COMMUNICATIONS FROM CITIZENS - 3-MINUTE LIMIT. PLEASE (45:19) Jasmine Kordbacheh, 244 Sunset Avenue, spoke about the ongoing parking issue she is having on Sunset Avenue. Council Member Cooney acknowledged the parking issues in town. He empathized with Ms. Kordbacheh and assured her that the town staff was working on the parking and traffic i ssues in town . Town Manager Blouin cautioned the Town Council against speaking on the issue, as he had been informed that Ms. Kordbacheh had retained an attorney. Diane Buehler, Friends of Palm Beach, stated that her group was working with the Woods Hole Oceanographic organization. They had data on different oils that have washed ashore over the years. Ellen Howe, 2200 S. Ocean Blvd., notified the Town Council about the oil/tar that she had experienced on the beach. She also requested that a notice be sent to the public notifying the opening of the road when President Trump leaves the island. Jamie Crowley, an attorney for the White Elephant, thanked Paul Brazil for assisting the White Elephant in providing alternative solutions to early trash pickup. He said it was difficult for the residents to get their garbage out at night. Town Manager Blouin provided additional information about the initiative to try to get trash and debris picked up earlier in the morning. Mr. Brazil stated that ifthere were no objections, he would like to find another Town Council Minutes 2-11-2025 3 of 26

location for the White Elephant dumpster without impacting the neighbors or the neighborhood. Council Member Cooney did not like the idea of having a dumpster beside the road overnight. Council President Lindsay was willing to allow Mr. Brazil and Mr. Crowley to work together to find a resolution. Council Member Araskog was concerned with placing the trash out at night ; she preferred starting the pickup later in the morning, after the traffic. Mr. Crowley thanked the Town Council for opening the construction work hours . He addressed right - of-way permit limitations and encouraged the town council to think about when there was already equipment on the property, removing the equipment off the property may require a right-of-way permit. He suggested adding some flexibility in situations where the equipment can be quickly removed from a construction site . Colin Goldsmith, 2116 Bellcrest Court, Royal Palm Beach, Botanica, acknowledged two times that debris was left on the street during the holiday season . He suggested placing a statement that no debris should be left on the street when announcing holiday hours for landscapers. He appreciated the extended hours during the holidays. He believed the early landscape hours were working and appreciated the flexibility. Mr. Goldsmith also appreciated Mr. Crowley's suggestion regarding right-of-way permits. X. APPROVAL OF CONSENT AGENDA (1:06:53) A motion was made by Council Member Cooney and seconded by Council Member Araskog to approve the Consent Agenda, as amended. On roll call, the motion passed unanimously, 4-0 (Council Member Moran was not present during the vote). A. MINUTES 1. Town Council Meeting Minutes Kelly Churney, CMC, Town Clerk a. January 14, 2025, Town Council Meeting Minutes b. January 15, 2025, Town Council Development Review Meeting Minutes007-202 2. Approval of Major Matters Considered by the Architectural Review Commission at its Meeting of January 29, 2025. Wayne Bergman, Director of Planning, Zoning and Building B. RESOLUTIONS 1. RESOLUTION NO. 012-2025 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, awarding 1TB Town Council Minutes 2-11-2025 4 of 26

XI. No. 2024-29, Hardwood Tree Trimming for a one year term to Zimmerman Tree Service in the amount of the approved budget for Hardwood Trees and Royal Palm Trees for FY 25 in the amount of $402,800 with the option to renew for four consecutive years based on yearly budget approval for the specific line item of Hardwood Trees and Royal Palm Trees based on satisfactory performance and mutual agreement to extend. Dean Mealy, II Procurement and Contract Manager Clerk's note: This item was pulled from the consent agenda and was heard under XIII.A. 1. C. OTHER 1. Use of Right-of-Way During Season - 200 Bradley Place H. Paul Brazil, P.E., Director of Public Works 2. Proposed Road Closure North Ocean Boulevard at Palmo Way Beach Access H. Paul Brazil, P. E., Director of Public Works 3. Race of Hope Special Event Permit CarolynStone,DeputyTownManager-BusinessEnterprise& Culture BOARD/COMMISSION ANNUAL REPORT A. Annual Report of the Investment Advisory Committee Christopher Storkerson, Chair Clerk's note: This item was deferred to the March 4, 2025, meeting at the Approval of the Agenda, Item IV. B. Shore Protection Board 2024 Annual Report (1 :22:50) H. Paul Brazil, P.E., Director of Public Works Chair Melissa Ceriale reviewed the work of the Shore Protection Board in 2024. She introduced two ongoing issues: an easement with The Breakers and an easement needed from Lake Worth Beach. She thanked The Cit izens Association for the incredible work they are doing on the south end and with the Town of Lake Worth. Counc il Member Cooney thanked Chair Melissa Ceriale for being a strong leader on the board. A motion was made by Council Member Cooney and seconded by Council Member Araskog to accept the Shore Protection Board's annual report. The motion carried unanimously, 5-0. This discussion lasted approximately 8 minutes. To listen, please click the link on the agenda topic above. Town Council Minutes 2-11-2025 5 of 26

XII. XIII. PUBLIC HEARINGS (5:22:32) A. RESOLUTION NO. 010-2025 (5:22:35) A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Vacating and Abandoning Existing Public Utility Easements and Dedication of Public Utility Easements Within the Property Commonly Known as 599 South County Road, in the Town of Palm Beach, Florida. H. Paul Brazil, P.E ., Director of Public Works Mr. Brazil explained the oddly configured lot at 599 South County Road. Council Member Cooney asked about the fiscal impact. Mr. Brazil responded there was no fiscal impact on the town. A motion was made by Council President Pro Tern Crampton and seconded by Council Member Cooney to approve Resolution No. 010-2025. The motion carried unanimously, 5-0. This discussion lasted approximately 3 minutes. To listen, please click the link on the agenda topic above. REGULAR AGENDA A. Matters Pulled From Consent Agenda: If needed 1. RESOLUTION NO. 012-2025 (3:28:50) A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, awarding 1TB No. 2024-29, Hardwood Tree Trimming for a one-year term to Zimmerman Tree Service in the amount of the approved budget for Hardwood Trees and Royal Palm Trees for FY 25 in the amount of $402,800 with the option to renew for four consecutive years based on yearly budget approval for the specific line item of Hardwood Trees and Royal Palm Trees based on satisfactory performance and mutual agreement to extend. Dean Mealy, II Procurement and Contract Manager Council Member Araskog asked about the cost for one year. Mr. Brazil broke down the cost and explained what the money would be spent on. Counc il President Lindsay called for public comment . No one indicated a desire to speak. A motion was made by Council Member Araskog and seconded by Town Counc il Minutes 2-11-2025 6 of 26

Council Member Cooney to approve Resolution No. 012-2025. The motion was carried unanimously, 5-0. B. Old Business 1. Discussion on Traffic Mitigation (3:30:51) Town Council Minutes 2-11-2025 Kirk Blouin, Town Manager TIMECERTAIN2:30P.M. a. Draft Resolution to Change Construction Hours b. Draft Ordinance to Mandate the Use of Construction Management Agreements c. Draft Ordinance to Limit Number of Building Permits Town Attorney Blouin introduced the item and asked Mr. Bergman to review the items that he and his staff had worked on. Wayne Bergman, Director of Planning, Zoning, and Building, introduced a draft resolution for the change to construction hours. Council Member Araskog was not in favor of the 7:30 a.m. start time for construction hours. Council President Pro Tern Crampton acknowledged Council Member Araskog's position but thought he would favor the early start in order to assist with improving the traffic situation. Council Member Cooney agreed with Council President Pro Tern Crampton. He thought the hours could be adjusted if deemed necessary. Attorney O'Connor advised the council that the hours could be temporarily changed until the end of the season. Council Member Moran agreed and thought the hours should be moved to 7:30 a.m. or 8 a.m. She thought it would provide flexibility for the construction crews to adjust their hours. Mayor Moore said she received feedback that the earlier start would be preferable to working through dinner time. Council President Lindsay thought that the flexibility of the hours would be helpful to the construction crews, understanding that if complaints were received, the town council could pivot and make adjustments to the hours. Mr. Blouin brought up the possibility of neighbor's consent. He asked the Town Council if they thought neighbor consent should be voluntary. 7 of 26

Town Council Minutes 2-11-2025 Council Member Araskog stated she would support the request if there was a mandatory waiver. She thought an extra hour of quiet time needed to be added to the eight-hour workday. Messrs. Bergman and Blouin stated that the goal was not to restrict the working hours, it was to provide a wider window of flexibility for the hours. Council Member Moran asked about neighbor's consent. Mr. Blouin thought that the Town should not regulate the consent; however, it was good business on behalf of the contractor. Council President Pro Tern Crampton asked if the managing document could be written to allow for adjustments in site-specific cases to deal with situations that arise. Attorney O'Connor said this type of language could not be too discretionary on the building official or be too subjective in that more expanded hours would be inconsistent among the users. Council Member Cooney thought there could be an enforcement issue if the consent was instituted. Council Member Araskog stated she always called the contractor when there were issues with neighboring construction. She thought the contractors should provide their telephone numbers to the neighbors and that residents should be able to report issues. Council President Lindsay called for public comment. OJ Fairbanks, 138 Chilean Avenue, expressed opposition to the extended construction hours. He spoke about the three-year-old construction that had been happening around his home. He thought that the traffic situation had improved since the road opened when President Trump was in Washington, DC. Peter McKelvy, 1295 N Lake Way, agreed with Council Member Araskog. He objected to the early hours and did not believe that it improved the traffic situation. He thought that the traffic situation would be mitigated when President Trump spent more time in Washington, DC. Tim Benitz of Benitz Building and representing many construction companies that have been enforcing the expansion of construction hours; he was not in favor of the construction management agreements. He explained the concerns of the construction community. Mr. Blouin responded. Nicki McDonald, 234 Merrain Road, expressed her concern about extending the construction hours. She said that for those who live on the north end, most of the traffic is from construction and landscapers. Her concern was that this would be a temporary fix rather than a permanent solution to the problem. 8 of 26

Town Council Minutes 2-11-2025 Dan Swanson, Addison Development, thought that allowing workers an additional 30 minutes in the mornings and afternoons would help spread the traffic. Gary Pohrer, 1356 N. Ocean Blvd., thought that a 12-hour construction day would be helpful and would speed up construction projects. He also discussed an issue at the light heading south on S. County and Royal Poinciana Way. Rene Alonzo, with Alonzo and Associates, agreed with Mr. Pohrer's comments. He thought extending the hours would be beneficial. Council Member Araskog stated she could not support 11 or 12 hours of construction work. She thought the decision should be held for another month to see if President Trump visits only on the weekends. She thought deliveries should only occur between 1 O and 2. Council Member Moran supported the addition of a half-hour increment on the hours prior to and after the allowable hours. Mr. Blouin said that Palm Beach County is one of the biggest tourist destinations in the United States. He noted that Palm Beach County's growth is exploding, and traffic discussions will continue. He discussed measures that have been taken and will continue to be taken to relieve the burden of traffic and parking issues. Mr. McKelvy wondered if there was data to support that the adjustment of landscaping companies' hours has reduced traffic impacts. Mr. Blouin stated that the change to the landscape hours was not made by resolution; it was on a trial basis only. Billy Gilbane, 675 N Lake Way, noted that there was not a single reason for traffic; there were multiple reasons. He also stated that traffic was occurring in the C-TS district. He thought the traffic should be spread throughout the day. He mentioned that there were many ideas to be considered. Lawrence Kaplan, 2299 Ibis Isle Road, asked the Town Council to consider small, incremental changes, such as spreading the traffic out. Mayor Moore pointed out that the traffic in Palm Beach on Tuesdays between 2:30 and 4:30 p.m. would be heavy due to the Four Arts programming. Council Member Araskog suggested that people spread their residence staffing as well. Mr. Bergman introduced the idea of a construction management agreement. 9 of 26

Town Council Minutes 2-11-2025 Council Member Cooney thought this was a good idea in concept, but he thought the threshold may be too small. Mayor Moore agreed with Council Member Cooney. She also was worried about the threshold but thought there was a good solution. Mr. Blouin said the proposal was from 7:30 to 8:30 a.m. quiet time. Council Member Araskog thought the agreement should be based on square footage; she was not in favor of the monetary threshold. She recommended that staff come up with several options for the threshold. Council Member Moran thought that staff needed to iron out the threshold, with traffic and parking in mind. Council President Pro Tern Crampton stated that the construction management agreement was already being used in the town but agreed that the operators needed to provide input. Mr. Benitz thought the extended hours in place should be tested before any construction management agreement is implemented. He thought all construction sites were different, and the item needed lots of study. Billy Gilbane, 675 N Lake Way, encouraged the town council to ask staff to develop a list of requirements for a construction management agreement. He thought staff should be empowered to decide when an agreement would be appropriate. Todd Michael Glaser, 125 Via Del Lago, was concerned about shuttling employees, which would increase the subcontractor's cost. He suggested the council consider turning the roads into one-way traffic, north and south, during heavy traffic. Mr. Blouin stated that many of his ideas had been considered. Dan Swanson, Addison Development, was against the construction management agreement as he believed that prices would significantly increase. Mr. Brazil said there were already measures in place. He discussed that the vast majority of properties in town were too small to accommodate construction parking. He said the goal is to minimize traffic, which has been accomplished by confining the vehicles to the site. He said the very large projects generate a significant number of vehicles. Mr. Brazil stated many of the contractors were already shuttling their employees onto the island. Mr. Blouin suggested that he work with his staff to explore the larger construction sites and return to the town council with a proposal. 10 of 26

Town Council Minutes 2-11-2025 Council Member Araskog asked about the delivery hours. Mr. Brazil said deliveries are already controlled. Council President Pro Tern Crampton thought Mr. Gilbane's suggestion to develop a list of criteria for when a construction management agreement may be necessary was good. Council Member Cooney was supportive of delaying the issue. Council Member Moran agreed to delay the issue. Mr. Bergman stated that the third it em he was asked to consider was limiting the number of building permits based on the area of town. He said Attorney O'Connor has been w orking on this, and currently, there was nothing additional to report. Mr. Blouin stated that a staff-driven traffic forum would be held on February 18, 2025, at 10:00 a.m. Council Member Cooney thanked Mr. Blouin for his efforts to mitigate the traffic. This discussion lasted approximately 112 minutes. To listen, please click the link on the agenda topic above . RESOLUTION NO. 007-2025 (1 :08:08) A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Construction Management at Risk (CMAR) Contract GMP to Burkhardt Construction Inc. for the Phipps Ocean Park Improvements in the Amount of $30,248,457.86, Tennis Court Renovations in the amount of $391,953.17 (Town Responsibility), Lifeguard Renovations in the amount of $673,284 (Town Responsibility), Electrical Panel Replacement Allowance in the amount of $66,789 (Town Responsibility), approving a contingency in the amount of $3,108,048 and establishing an overall Project Budget of $34,518,546.03 and Approves a Waiver to Section 42- 196 through Section 42-199 of the Town Code of Ordinances to Allow for Extended Work Hours Saturday, and Night-Time Work Hours as Necessary, and Approved by Public Works and A Waiver to the Noise Ordinance for those Same Saturday and Night-Time Activities From Section 42-226 through Section 42-229 of the Town Code of Ordinances. Dean Mealy, II Procurement and Contract Manager Billy Gilbane, 675 North Lake Way, and on behalf of the Executive Committee of the Preservation Foundation, stated their support for the Phipps Ocean Park Guaranteed Maximum Price and the project. He stated that the GMP meets the goals of the renovation project. In addition, he thanked town staff for their support. 11 of 26

Council Member Moran asked about hours in the construction management ag ree ment. Mr. Brazil said that staff wanted to get to this point prior to Burkhardt committing to a sc hedule. If anything was required beyond what was allowed in the code, such a request would be presented to the town counc il for approval. Council Presid en t Pro Tern Crampton asked about the Town's contribut i on to the project, stating there would be some implications, but the project would be beneficial to the town. Mr. Brazil stated that the town's lifeguard building was a planned improvement that had been delayed so it could be included in the project. He said the town would only do the capital improvement projects that were already approved. Invasive removal will be paid for by the town. Council Member Araskog confirmed no changes to the contract . Mr. Brazil said the town would authorize the entry into the construction contract . Mr. Blouin said there were no addit ional financial or budgetary considerations related to the resolut ion being presented. Council Member Araskog wanted to ensure there was nothing in the CMAR contract that would change the capital grant ag reement. Mr. Brazil sa id there would be modificat ions to the capital grant agreement because of some of the deadlines included when it was originally drafted. Council Member Cooney expressed his appreciation to those who have worked on this project, which he stated would be very transformative. A motion was made by Council Member Moran and seconded by Council Member Coon ey to approve Resolution No. 007-2025. The mot ion carried unanimously, 5-0. This discussion lasted approximately 14 minutes. To listen, please click the link on the agenda topic above. Clerk's note: A short break was taken at 10: 51 a. m. and resumed at 10:59 a. m. 2. Undergrounding Project - Review of Project and Dashboard. Town Co un ci l Minutes 2-11-2025 Summary of Project Status Town-wide (5:25:37) H. Paul Brazil, P. E. , Director of Public Works Patric ia Strayer, Town Engineer, provided a brief update on the project status for the townwide undergrounding project. Counc il Member Cooney asked that the public be notified when the pole removals begi n. Also , he was on the east side of the Four Arts garden and there is a cable from one of the poles across from the public school. Ms . 12 of 26

Strayer said she would ensure that the cable was removed. This discussion lasted approximately 3 minutes. To listen , please click the link on the agenda topic above. 3. Mid-Town Beach Renourishment Update (5: 28:07) H. Paul Brazil, P. E., Director of Public Works Town Counc il agreed this item had been discussed earlier in the meeting as reflected under agenda item Xl.b. This discussion lasted approximately 1 minute. To listen, please click the link on the agenda topic above. 4. Discussion Regarding Paid Parking in the Area of County Road between Wells Road and Royal Poinciana Way as it relates to Places of Worship. Julie Araskog, Town Council Member Clerk's note: This item was removed from the agenda at the Approval of the Agenda, I tem IV. 5. Capital Grant and Operating Agreement Amendment (5:29:55) Carolyn Stone, Deputy Town Manager, Business Enterprise and Culture Ms. Stone explained the purpose of amendingthe date on the agreement. A motion was made by Council Member Cooney and seconded by Council President Pro Tern Crampton to approve Resolution No. 021- 2025. The motion carried unanimously, 5-0. This discussion lasted approximately 2 minutes. To listen, please click the link on the agenda topic above . C. New Business 1. Breakers Hotel Breakwaters Project (1 :30:56) TIME CERTAIN: 11:00A.M. Town Council Mi nutes 2-11-2025 Paul Leone, CEO, The Breakers Palm Beach Jamie Crowley, the attorney for The Breake rs of Palm Beach, stated he was accompanied byDebbie Madden, Hugh "Bill" Perry, and Paul Leone. Mr. Crowley provided an overview of the project and discussed issues that were built into the permit. He said the experts agree 13 of 26

Town Council Minutes 2-11-2025 this project should be good for Clark Beach. Hugh Perry, an attorney with Gunster, stated he had been working on easements with the Army Corp of Engineers for several years. He provided the chronological progression through the present. He discussed the definition of perpetual, which is continuing, forever, everlasting, and valid for all time. Mr. Perry questioned the town's position regarding easements. He urged the town council to work together and enforce its contract. He thought the filing of a declaratory action would be prudent. Council Member Araskog wondered if the staff should be responding if litigation may be a possibility. Town Attorney Joanne O'Connor responded that staff could speak on the Shore Protection Board report and the Mid-Town Beach Renourishment project. She advised everyone to stick to the facts of the issue. Mr. Brazil clarified there are three different projects. The breakwater project requires, within one year of completion, that the town grant an easement for the part of the breakwater that extends in front of Clark Avenue Beach. Second is the FCC project; now that MidTown is a federal project, if there is a hurricane with losses, the Army Corp of Engineers will rebuild the template, and all costs will be paid with federal funds. Mr . Brazil said there is a fifty-year agreement where the Town and the Corp will periodically do a project, and the town has cost-sharing . To offset some of the town costs, DEP also provides funding. He said the town is not soliciting the Corp to do a recovery project. As a partner, they reach out to all partners to see if losses were experienced during a storm. With regard to The Breakers project, the easement is necessary because of the potential negative impact of the structure, which is not a betterment of the town. He said if structures are constructed without adding sand to the system, those structures cause a negative down-drifting impact. Part of the design is based on the town placing sand. Mr. Brazil said the town has fought against the easements since the beginning. Patricia Strayer, Town Engineer, stated her long history with the Army Co rp of Engineers and explained her credentials . She provided a timeline based on her work with the Corp. Ms. Strayer said staff has done their best to overcome the requirement for perpetual easements . She discussed the guidance being sought by Jacksonville for implementing (WRDA) the Water Resources Development Act. She spoke about the chain of command that is necessary for the Corp to act on WRDA language . She said that if the town is lucky enough to get prompt guidance, the Corp could design the appropriate project to be done in 2026. Council Member Cooney indicated that he represented an island 14 of 26

Town Council Minutes 2-11-2025 full of residents, including The Breakers, and was committed to finding a joint solution. He further discussed the importance of federal funds to safeguard the island and protect the property. Council President Pro Tern Crampton agreed with Council Member Cooney. He felt that the materials presented without any prior time to review were not appropriate. He noted that the impact on The Breakers Beach could be managed by active measures taken onsite by The Breakers. On the town's side, millions of dollars are lost, and the rights and interests of upland property owners cannot be protected without those funds. He was unwilling to move forward on behalf of The Breakers at this time. Council Member Araskog agreed with her colleagues, she did not appreciate the aggression with which the town council was approached. She was also unhappy about receiving information at the meeting rather than before the meeting with enough time to review the documents. She said it was hard for her and the staff to digest the information before the meeting. She understood The Breakers' quandary. She thought the staff had tried very hard with the Army Corp of Engineers. Council Member Araskog thought it was incumbent upon the applicants to communicate with the Army Corp of Engineers. She said it would be a real problem if the town could not get sand on the beach. Council Member Moran agreed with her colleagues and said the funding is imperative to beach renourishment. She wondered if it would still be The Breakers' responsibility to repair the beaches to the south after placing the Breakwaters. Mr. Brazil said yes, that was one of the town's conditions with FDEP. Council Member Moran respects why The Breakers are not amenable to issuing the permanent easement. Ms. Strayer said the erosion control line (ECL) is between the water and The Breakers, anyone is allowed to be between the ECL and the water. She added that the ECL is a small area. Mayor Moore acknowledged that the town is trying. She said the perpetual easement is an issue. She thought if the residents understood how tenuous the system of protection of upland properties is, they would be upset. She said her goal is to keep sand on the beaches and to protect town residents. Council President Lindsay pointed out that she had been involved in shore protection since 2008. She said there was no sand transfer plant that worked and no dredging of the sand from the inlet to place on the shores. She thought that the Town of Palm Beach was the only municipality with a Beach Management Agreement and that took many years to develop. She said it remains very unclear what has been achieved on the WRDA bill. 15 of 26

Town Council Minutes 2-11-2025 She talked about the magnitude of the loss without the necessary easements. Council Member Cooney understood The Breakers' concern with the perpetual easement. He thought the Town and The Breakers needed to be partners to work on a solution. Council Member Araskog wanted staff to review The Breakers' presentation and provide an update. She also asked for an explanation of the easement, which Ms. Strayer responded to. Council President Pro Tern Crampton thought The Town and The Breakers should work together. However, if that does not work, the town still has to address Clark Beach. Mr. Crowley stated that The Breakers had not requested an easement. He indicated that they had been preparing for this discussion and thought it should be resolved with staff. Paul Leone, CEO of The Breakers, spoke about working together to keep the peace. Council President Lindsay stated that the town and The Breakers are partners. Everyone understands the fear that accompanies giving up a perpetual easement. She said the Midtown nourishment project is also of concern. Ms. Strayer said the biggest concern is getting to the next step soon enough to help the Midtown beach. She was not sure how to continue a parallel track. However, a resolution would be needed by June if the town wants to be placing sand on the beach in 2026. Council Member Moran asked about the high tide estimate in front of The Breakers. Ms. Strayer and Mr. Brazil responded. Council Member Cooney acknowledged the frustration of the Town Council. Council Member Araskog thought the presentation may have been misrepresented but she felt the tone was negative to the staff. Mayor Moore asked staff for the next steps. Ms. Strayer responded. Mr. Brazil said Ms. Strayer is working to salvage the recovery project which is going to require that Jacksonville get direction for interpreting WRDA. That would allow reuse of easements that used to be available for recovery projects. 16 of 26

This discussion lasted approximately 120 minutes. To listen, please click the link on the agenda topic above. 2. Marian Procession Special Event Permit (5:31 :39) Carolyn Stone, Deputy Town Manager, Business Enterprise and Culture Ms. Stone expla ined the request for a Marian Procession event. The applicant was available to explain the event. Council Member Cooney noted when the town had denied permits to other workers, and he asked Attorney O'Connor to provide legal guidance. Ms. Stone explained the regulations on special permits and the number allowed. Attorney O'Connor advised that the issue with events like this is the traditional areas open and available to the public. Council Member Moran pointed out a scrivener's error regarding the fees charged. She also asked if the charge for off-duty police officers would be added to the documents. Ms. Stone said yes. Mr. Blouin stated that the applicant had been cooperative and no additional challenges with the application were anticipated. Police Chief Nicholas Caristo stated that he recommended four officers to accommodate the event and that the event would not start until 6 p.m. A motion was made by Council Member Cooney and seconded by Council Member Araskog to grant the permit request for the Marian Procession Event. The motion was carried unanimously, 5-0. This discussion lasted approximately 9 minutes. To listen, please click the link on the agenda topic above. 3 . Consideration of Donation for Beautification Project for 200 and 300 Blocks of Peruvian Avenue (5:40:07) Town Council Minutes 2-11 -2025 H. Paul Brazil , P.E., Director of Public Works Mr. Brazil explained the request and the idea of doing a beautification project for the 200 and 300 blocks of Peruvian Avenue. He said several concerns were noted, which included loss of parking, potential impacts to drainage, impacts to loading zones, and visibility for security reasons. Upon discussing these with Mr. John David Corey, he suggested minimizing the scope of the work. He explained what the project would entail to provide the least possible impact and minimize project cost. 17 of 26

Council Member Cooney thought the project looked nice. He thanked John David Corey for his efforts. Council President Pro Tern Crampton agreed with Council Member Cooney. He thanked Mr. Corey for his efforts. Council Member Araskog thought the project was beautiful. She implored the Town to try to save the parking spot. Mayor Moore thought the project was nice. She wondered if the plant material was the best for the area. Council Member Cooney suggested sending the project to the Architectural Commission. Council Member Moran thanked Mr. Corey; she thought the project was very nice. She asked if any cameras would be affected. Mr. Brazil stated that if one was lost, staff would be creative in finding another solution. Council President Lindsay was thankful for the native plantings. She wondered if shade trees could be used . There was a consensus of the Town Council to allow staff to work on the proposal and present it to the Town Council before it moves to the Architectural Commission. This discussion lasted approximately 11 minutes. To listen, please click the link on the agenda topic above . 4. Intersection Safe Sight Visibility Triangle Waiver Request 284 Monterey Road. Palm Beach. Florida 33480 (5:51 :38) Town Council Minutes 2-11-2025 H . Paul Brazil , P.E. , Director of Public Works Mr. Braz il explained the request. He stated that the applicant asked that the sight visibility triangle be waived . He added thatthe public works staff did not support the approval of the waiver. Council Member Cooney stated he agreed with the Landmarks Preservation Commission's opinion on the wall. He acknowledged that the homeowner over-demolished the house and was reluctant to reward someone. However, he could not support deleting the wall, which is an original feature of the house . Mayor Moore asked if the wall was new. Mr. Brazil stated that the homeowner rehabilitated the historical wall without permission. Mayor Moore said that the owners were aware they were doing something 18 of 26

against what the town recommended. She was not supportive of the request. Council Member Moran thanked the Landmarks Preservation Commission and thought the wall was beautiful. However, the wall could adversely affect the public, and she thought it should be moved. Council President Lindsay agreed w ith Council Member Moran . Council Member Araskog agreed with Counc il Member Moran and Council President Lindsay. Council Member Cooney requested that the Landmarks Preservation Commission review the newly proposed layout of the wall since it was an original feature . Council President Lindsay called for public comment. No one indicated a desire to speak. A motion was made by Council Member Araskog and seconded by Council Member Moran to deny the request for 284 Monterey Road, with the condition that the Landmarks Preservation Commission review the relocation of the wall. Aimee Sunny, Preservation Foundation of Palm Beac h, clarified the Preservation Foundation 's comments about the wall. She said it is an existing historic feature on the property that exactly matches the architectural draw ings originally designed for it. The motion was carried 4-1, with Council Member Cooney dissenting. This discussion lasted approximately 12 minutes. To listen, please click the link on the agenda topic above. 5 . RESOLUTION NO. 016-2025 (6:03:54) A Reso l ution of the Town Counc il of the To wn of Palm Beach, Palm Beach County, Florida, Approving the Propos ed Des ig n Plan s for a P ark at Wells Road and Cresc e nt Drive at North C ounty Road and Accept a D onation to Construct the P ark P roject . The D on ation Amount is to be De te rmined at the Time of t he Fi nal B id. Town Council Minutes 2- 11-2025 H. P aul Brazil , P.E. , D ir ect o r of Pu bli c W o rks Mr. Brazil explained the request and provided details for consideration for conceptual approval. He stated that the project would go to the landmarks commission for approval and then be returned to the Town 19 of 26

Council for acceptance of the donation. Council Member Cooney thought the plan was lovely. He thanked the donor for their generosity. He wondered if the radius on the west curve could be adjusted for traffic calming. Jason Debrincat, Assistant Director of Public Works, stated that this was the conceptual first glance of the project. It will go to Landmarks in March. He noted that it would be brought back to the town council for further consideration and approval. Council President Lindsay asked about the tree, and Mr. Debrincat said there had been discussion about planting a Ficus aurora, a large shade tree. Council President Lindsay called for public comment. No one indicated a desire to speak. A motion was made by Council Member Araskog and seconded by Council Member Cooney to approve Resolution No. 016-2025 and to suggest the addition of native landscaping and shade trees where appropriate. The motion carried unanimously, 5-0. This discussion lasted approximately 7 minutes. To listen, please click the link on the agenda topic above. 6. Conceptual Approval of Proposed Seaview Park Athletic Field Lighting Project (6:10:38) Town Council Minutes 2-11-2025 Mark Bresnahan, Director of Recreation Mr. Bresnahan presented the request and provided details. He noted that today, there would be a concept approval , and this is a resident-driven initiative. Natalie Emerson , of 261 Nightingale Trail, and Kim Goodwin , of 201 Ocean Terrace, serve on the board of Friends of Recreation. They presented the proposal for field lighting for the Mandel Recreation Center. Ms. Goodwin provided information about funding for the lighting . She shared the proposals for the lighting. Council Member Cooney asked about the lights in the shorter lights. Ms. Emerson responded, and then Council Member Cooney asked Ms. Stone to weigh in on the request. 20 of 26

Town Council Minutes 2-11-2025 Ms. Stone spoke about recreation operations. She said the recreation program has been enhanced, and the town has expanded the youth athletic program. The games run into darkness. The goal would be to have some of the activities begin later in the day to help offset traffic volumes. Council Member Cooney stated that the recreation field looked much better. Ms. Stone thanked the staff and discussed its condition. Council Member Araskog confirmed that this was not the Town's application. Ms. Stone responded. Council Member Araskog wondered how many of the children using the field would be residents versus non-residents. Mr. Bresnahan stated that 57% of the children in the programs were residents. Council Member Araskog suggested that the request be deferred until Mr. Bresnahan could return with accurate numbers for the number of children who were residents. Council Member Araskog thought the neighbors around the recreation center should have had a chance to weigh in on the application. She indicated that the Architectural Commission was approached in 2007 for lighting, and they denied the application. Council President Pro Tern Crampton did not believe the item needed to be deferred; he understood this was conceptual, and comments would be invited at the Architectural Commission and future Town Council Meetings. Council Member Moran asked about the procedure for the application. She wondered if, if it was approved conceptually, the Town Council would have the ability to refuse the application. Mr. Blouin further stated that if this request was approved conceptually, it would move on to ARCOM for consideration. Attorney O'Connor said a variance would be needed. Council Member Moran asked Mr. Bresnahan if it was an intensification of use and confirmed that adults would not be using the field. Mr. Bresnahan said the field was heavily used two years ago, and its condition was poor. He said there is more play now, but the fields are in better condition. He also said they would like to see additional drainage on the front lawn so that when events are hosted, the grass will not take long to grow back in. Council Member Moran wondered if there were unintended consequences. Ms. Stone stated that any consequences could be controlled with policy. 21 of 26

Town Council Minutes 2-11-2025 Council President Lindsay thought that restrictions could be placed on the usage. She was concerned about light pollution in the area and thought that the residents should be noticed on the proposal. She wanted to know more about the lighting and how much it would illuminate the area. Mayor Moore thought that the younger residents deserved consideration. While she had concerns, she thought the new lighting technology would help with light pollution. She thought the surrounding neighbors should have the opportunity to weigh in on the application, and she thought the application should move to the design board. Council Member Cooney recommended that the Friends of Recreation proactively engage with the neighbors and present the project to them. Council Member Araskog thought the application should go to the Architectural Commission prior to their approval. She wondered if the Police Department had reviewed the application to see if it would be a distraction . She was concerned about parking and traffic . Council President Pro Tern Crampton noted that the concept was not law. He did not think that the request could be denied by the Town Council if they approved the concept. He thought the lights on the field might help to ameliorate the traffic . He also pointed out that 57% of kids playing on the field was better than town serving. He thought the application should be allowed to move forward through the process. Council Member Moran pointed out that the main question was whether the Town wanted the field lit. She wanted to make sure no adults or high school students would be using the facility . Council President Lindsay called for public comment. Brooke McKernan, 281 List Road, stated that her sons are playing on two different teams, which have 70% of children who are town residents. She also stated that the field is being used , and they have been asked to end their games because of lighting. She also said that in regard to the parking, most of the parents carpooled. Gary Pohrer, 1356 N. Ocean Blvd. , felt it was inappropriate to continue having conversations about Palm Beach and off Palm Beach. He did not think anyone should complain about the lights at the field. 22 of 26

Town Council Minutes 2- 11 -2025 Sara Maggio, 201 La Puerta Way, advocated for the proposed lighting. She said it was only a few hours a night during the winter months. Matthew Sm ith , 1237 N Ocean Way, spoke in support of the request. Michael Ainslie, 200 Arkona Court and Friends of Recreation spoke in favor of the request. Carolyn Pressly Ryan , 171 El Pueblo Way, spoke in favo r of t he request. Ann ie Io ri o, 131 Seaview Avenue , thought that a more deta iled presentation about the request should have been given before the concept was approved . Anne Pepper, 333 Seaspray Avenue , spoke in favor of the request but agreed that additional details were needed be fore a dec ision was made to approve the lighting. Natalie Emerson , 261 Night i ngale Tra il, provided additional details and sa id there was no intention to deceive anyone in the community . She stated that the Friends of Rec r eation respected the process and were willing to meet with anyone who w i shed to express their thoughts about the request. Council Presi dent Lindsay read some comme n ts from Peter McKelvy at 1295 N Lake Way. Council President Lindsay thought the group should meet with the neighbors and return with more details on the lighting being considered . Council Member Araskog stated that the town serv i ng number is re l ated to traffic and parking . A motion was made by Council President Pro Tern Crampton and seconded by Council Member Cooney to approve the item, allowing the project to be reviewed by the Architectural Commission, asking the Friends of Recreation to meet with the surrounding neighbors to discuss the project and to return to the Town Council with final proposals. The motion failed 2-3, with Council Members Araskog, Moran and Council President Lindsay dissenting. A motion was made by Council Member Araskog and seconded by Council President Pro Tern Crampton to defer the project to the meeting on March 4, 2025, with the Friends of Recreation 23 of 26

to meet with the neighbors to discuss the project and to return to the Town Council with more specifics on the programming for the field and who will be using it. The motion carried unanimously, 5-0. This discussion lasted approximately 90 minutes. To listen, please click the link on the agenda topic above. 7. Change of Designation to Seaview Park Municipal Lot (7:46:47) Mark Bresnahan, Director of Recreation Council President called for public comment. No one indicated a desire to speak. A motion was made by Council Member Cooney and seconded by Council Member Moran to approve the change of designation as presented. The motion carried unanimously, 5- 0. This discussion lasted approximately 1 minute. To listen, please click the link on the agenda topic above. 8. Town Manager - 2025 Performance Evaluation (7:47:43) Gillian Barth , Director of People and Culture A motion was made by Council Member Araskog and seconded by Council Member Cooney to accept the updated score for Town Manager Blouin's Performance Evaluation . The motion carried unanimously, 5-0. A motion was made by Council Member Araskog and seconded by Council President Lindsay to appoint Town Manager Blouin for one year. The motion carried unanimously, 5-0. This discussion lasted approximately 3 minutes. To listen, please click the link on the agenda topic above. 9 . Discussion on Possible Restriction on Fishing off of the Ibis Isle Bridge (7:50:49) Town Council Minutes 2-11-2025 Kirk Blouin , Town Manager Attorney O' Connor explained the request for restricting fishing off of the Ibis Isle Bri dge. She said Ordinance No. 003-2025 was drafted to address this and staff also updated the 24 of 26

XIV. ordinance governing docs to specifically include the marina docks. ORDINANCES A. First Reading 1. ORDINANCE NO. 003-2025 (7 : 50 :49) An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter Z4 - Parks And Recreation, By Amending Sec. 74-162. Regulation Of Fishing To Prohibit Fishing And Casting Of Nets Upon Certain Town-Owned Property Including Bridges And Docks And By Amending Sec. 74- 163. Fishing Prohibitions Concerning Public Docks To Prohibit Fishing From The Docks Owned By the Town At Lake Drive Park; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date . Nicholas Caristo, Chief of Police A motion was made by Council Member Cooney and seconded by Council President Pro Tern Crampton to approve Ordinance No. 003- 2025, with the following changes to be made Annie's Dock shall be removed from the listed locations. The motion carried unanimously, 5-0. Council President Lindsay pointed out that casting net fishing should not be allowed at Annie's Dock. Council Member Cooney stated he would amend his motion. A motion was made by Council Member Cooney and seconded by Council President Pro Tern Crampton to approve Ordinance No. 003- 2025, with the following changes to be made Annie's Dock shall be removed from the listed locations, and clarification is made for Annie's Dock to indicate fishing with poles is allowed, but casting net fishing is not. The motion carried unanimously, 5-0. This discussion lasted approximately 7 minutes. To listen, please click the link on the agenda topic above. XV. ANY OTHER MATTERS There were no other matters d i scussed at this t ime . Town Council Minutes 2-11-2025 25 of 26

XVI. ADJOURNMENT (7:57:42) ATTEST: A motion was made by Council Member Araskog and seconded by Council Member Cooney to adjourn the February 11, 2025, Town Council Meeting at 7:06 p.m. The motion was carried unanimously, 5-0. APPROVED: Bob Town Council Minutes 2- 11 -2025 26 of 26

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  • Agenda item XII.AResolutionsapproved - unanimous

    Resolution No. 010-2025 Public Utility Easements

  • Agenda item XIII.A.1Resolutionsapproved - unanimous

    Resolution No. 012-2025 Hardwood Tree Trimming

    $402,800 · Zimmerman Tree Service · Hardwood Tree Trimming contract

  • Agenda item XIII.B.1Resolutionsapproved - unanimous

    Resolution No. 007-2025 Phipps Ocean Park Improvements

    $34,518,546.03 · Burkhardt Construction Inc. · Project Budget

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