Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Minutes Wednesday, December 07, 2022 at 6:30 PM Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 Michael O’Rourke — Mayor Kimberly Glas-Castro — Vice-Mayor John Linden — Commissioner Roger Michaud — Commissioner Mary Beth Taylor — Commissioner John O. D’Agostino — Town Manager Thomas J. Baird, Esq. — Town Attorney Vivian Mendez, MMC — Town Clerk PLEASE TAKE NOTICE AND BE ADVISED, that if any interested person desires to appeal any decision of the Town Commission, with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such purpose, 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. Persons with disabilities requiring accommodations in order to participate in the meeting should contact the Town Clerk’s office by calling 881-3311 at least 48 hours in advance to request accommodations. CALL TO ORDER/ROLL CALL The Meeting was called to order at 6:38 P.M. PRESENT Mayor Michael O'Rourke Vice-Mayor Kimberly Glas-Castro Commissioner John Linden Commissioner Roger Michaud Commissioner Mary-Beth Taylor PLEDGE OF ALLEGIANCE Commissioner Linden led the Pledge of Allegiance. Regular Commission Meeting December 07, 2022 Page 1 SPECIAL PRESENTATION/REPORT: 1. Presentation on the Public Works Two-way Radio System Public Works Director Travieso presented to the Commission (see Exhibit "A"). Commissioner Linden asked questions regarding the contract and service for the two-way radio service. Public Works Director Travieso explained the 5-year contract, the cost to the Town, and alternatives that would have a greater cost. Commissioner Michaud asked questions regarding what was included in the $100,000 contract. Public Works Director Travieso explained what would be included was the warranty, parts and labor, repeater, antenna, the hand held units, and the base station. He explained that they have several spare units. The Commissioner thanked him for the presentation. 2. Little Free Library Presentation Library Director Judith Cooper presented to the Commission (see Exhibit "B"). Commissioner Taylor asked questions regarding the locations of the Little Free Library and books donations. Vice-Mayor Glas-Castro asked if they were planning to deter people from going to the Library. She asked if the structure was up to Code. She expressed concerned regarding the material placed inside the structure. Community Development Director Nadia DiTommaso explained the structures were up to Code. Commissioner Linden asked questions regarding the permits and donation approval process. Library Director Cooper explained the proposed process. Commissioner Taylor suggested locations around Town and expressed concerns with the materials being placed inside the box. Commissioner Linden agreed with a trial process. Commissioner Michaud asked how do people know about these Little Free Library. Library Director Cooper responded that they use social media and the Little Free Library website to get the message out. Mayor O’Rourke thanked Ms. Cooper and the Library Staff for their work towards “Read for the Record” and winning a second year in a row. PUBLIC COMMENT: This time is provided for addressing items that do not appear on the Agenda. Please complete a comment card and provide it to the Town Clerk so speakers may be announced. Please remember comments are limited to a TOTAL of three minutes.  • Judith Thomas commented about being a proud resident of Lake Park. She asked questions regarding the property that was sold by the Town. She expressed concerned about the property becoming a flipped property or Sober Home. CONSENT AGENDA: All matters listed under this item are considered routine and action will be taken by one motion. There will be no separate discussion of these items unless a Commissioner or person so requests, in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. Any person wishing to speak on an agenda item is asked to complete a public comment card located on either side of the Chambers and given to the Town Clerk. Cards must be submitted before the item is discussed. Motion made to approve the Consent Agenda by Commissioner Michaud, Seconded by Commissioner Linden. Voting Yea: Mayor O'Rourke, Vice-Mayor Glas-Castro, Commissioner Taylor. 3. October 8, 2022 Public Workshop on the Bert Bostrom Park Green Infrastructure (GI) Project 4. November 2, 2022 Regular Commission Meeting Minutes 5. November 16, 2022 Regular Commission Meeting Minutes 6. Annual Plan of Service for the Library 7. Resolution 84-12-22 of the Town Commission of the Town of Lake Park, Florida Authorizing and Directing the Mayor to Execute an Agreement with Advanced Plumbing Technologies, LLC, for Stormwater Pipe Rehabilitation and Other Related Services. 8. Resolution 85-12-22 Canceling the December 21, 2022 Regular Commission Meeting. 9. Resolution 87-12-22 Fiscal Year 2021/2022 Final Budget Adjustments PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: 10. ORDINANCE 14-2022 Home-Based Businesses”. Regular Commission Meeting December 07, 2022 Page 3  AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 78, ARTICLE V OF THE TOWN OF LAKE PARK’S CODE OF ORDINANCES BY REPEALING SECTION 78-151, ENTITLED “HOME OCCUPATIONS” AND REPLACING IT WITH A NEW SECTION 78-151 ENTITLED “HOME-BASED BUSINESSES”; PROVIDING FOR THE AMENDMENT OF TABLE 78-1 CONTAINED IN CHAPTER 78, ARTICLE III, SECTION 78-70 AND SECTION 78-78 OF THE TOWN OF LAKE PARK’S CODE OF ORDINANCES TO DELETE THE TERM HOME OCCUPATIONS AND REPLACING IT WITH THE TERM HOME-BASED BUSINESSES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager D'Agostino explained the item. Town Planner Karen Golonka explained the item (see Exhibit "C"). Vice-Mayor Glas-Castro asked how would Code Compliance enforce this Code. She explained that the Village of Palm Springs uses 20% of the use of the property as a home based business. She suggested the language be reviewed before the Ordinance appears on second reading. Town Planner Golonka stated that the Town Code uses 30% and suggested that Town stay consistent and use 30%. Commissioner Linden asked if the parking situation could be addressed, since parking on private property was limited. He asked if signs on vehicles would be allowed to be parked at the home. Town Planner Golonka stated that the Town Code does allow for vehicles with business signs to be parked on private property. Motion made to approve Ordinance 14-2022 and asked that staff review the language and further define how home-based businesses as secondary uses by Vice-Mayor Glas-Castro, Seconded by Commissioner Taylor. Voting Yea: Mayor O'Rourke, Commissioner Linden, Commissioner Michaud. Attorney Baird read the Ordinance by title only. PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: None NEW BUSINESS: 11. Resolution 86-12-22 of the Town Commission of the Town of Lake Park , Florida, authorizing and directing the Town Manager to execute an agreement with DocuSign, Inc., for annual support and usage. DocuSign is used to eliminate paper based processes by utilizing electronic workflow and electronic forms. Town Manager D'Agostino explained the item (see Exhibit "D"). Motion made to approve Resolution 86-12-22 by Commissioner Michaud, Seconded by Commissioner Linden. Voting Yea: Mayor O'Rourke, Vice-Mayor Glas-Castro, Commissioner Taylor. 12. Tennis and Pickleball Program Discussion. Town Manager D'Agostino explained the item (see Exhibit "E"). Special Events Director Franks explained the proposed plan to move forward with the program. Vice-Mayor Glas- Castro asked how would the program be monitored by staff. Special Events Director Franks stated that with the limited staff we could not monitor who was giving lessons versus playing a tennis game. Vice-Mayor Glas-Castro asked questions regarding registration of reservations. Special Events Director Franks explained that signage at the courts would instruct players on how to register to play and how to use the registration portal. Commissioner Taylor asked questions regarding priority and duration of play. Special Events Director Franks explained that open-play slots would be available using the portal. Commissioner Taylor expressed her concerns, but in general approved of the program. Commissioner Linden preferred a one-hour window for people to use the courts. Special Events Director Franks and Public Works Director Travieso responded to questions regarding park implementation and registration. They explained that Tyler Technology application would be used for registration and implementation over the next year or so. The courts would remain open until a Request for Proposal process awards a company to run the tennis and Pickleball courts. Commissioner Linden expressed concern with mixing the two sports and other specifications. Commissioner Michaud made suggestions for ease of transition of people playing on the courts. Vice-Mayor Glas- Castro suggested immediate play of Tennis in Lake Shore Park and Pickleball in Kelsey Park. She stressed that people want to get the courts open. Regular Commission Meeting December 07, 2022 Page 5  Public Comment: Christian Cassini, express concern with the program. He offered suggestions to have one contractor to run both programs. Deb Field expressed concern with the tennis and Pickleball program. She stated that it was wonderful to see the children playing on the new playground equipment in Kelsey Park. PUBLIC COMMENT: This time is provided for addressing items that do not appear on the Agenda. Please complete a comment card and provide it to the Town Clerk so speakers may be announced. Please remember comments are limited to a TOTAL of three minutes. None TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Baird wished everyone Happy Holidays. He reflected on Mayor O’Rourke tenure with the Town as a leader and promoter. He stated that it has been an honor and privilege to serve him. He thanked Mayor O’Rourke for his humor and charm. Town Manager D’Agostino asked for input regarding a proposed project in the Downtown area with a proposed train station and mixed use on 10th Street. He stated that Mayor O’Rourke was leaving the Town with a great legacy. He spoke of the projects that Mayor O’Rourke has worked to promote. He explained that the Commission was in transition and the check signatures need to be updated. He asked for consensus from the Commission to allow Commissioner/Mayor-Elect Roger Michaud, Vice-Mayor Glas-Castro and Commission Linden to be the three signatures on the bank accounts. The Commission came to consensus. A Resolution would come before the Commission in the future to adopt this action. He provided his comments (see Exhibit “F). He announced that Executive Assistant in the Assistant Town Manager/Human Resources Department Janet Miller would be leaving. He read the job description (see Exhibit “F”). He stated that Janet Miller was a staple staff member and would be sadly missed. She has performed many duties and does it with great humor. Vice-Mayor Glas-Castro asked that the proposed project be placed on a future agenda. Town Manager D’Agostino agreed to place the item on a future agenda. Mayor O’Rourke asked why Mayor-Elect Michaud has to wait to be sworn in when the position of Mayor would be vacant as of January 1, 2023. Town Clerk Mendez clarified the questions for the Commission. She explained that Commissioner Michaud’s resignation letter specifically states March 13, 2023 as the final date of service. No elected official may hold duel positions, therefore, the swearing in must take place after the election. Commissioner Taylor submitted her comments (see Exhibit “G”). She stated that the Holiday Tree Lighting was a wonderful event. Town Manager D’Agostino explained that the US1 crosswalk was controlled by the Florida Department of Transportation (FDOT). Commissioner Taylor asked if the Town could change the box on the corner of US1 and Park Avenue to allow additional time for pedestrians to cross the road. She asked how could the process be expedited with FDOT. Town Manager D’Agostino was not aware of how the Town could expedite a process that was not controlled by the Town. Commissioner Taylor expressed deep concern regarding the intersection and keeping children safe. Public Works Director Travieso explained that both jurisdictions would be working together and the Town would express concerns and make recommendations for safety. He stated that the FDOT was working on a significant project to improve safety throughout the corridor. He explained that there are many moving parts with different agencies to improve safety throughout US1. Commissioner Linden recapped several events that took place over the past few weeks and several more that would be taking place in the coming days. He explained how he met Mayor O’Rourke and how he was introduced to local government. He thanked Mayor O’Rourke for all of his input in helping him with his career in local government. Commissioner Michaud spoke of events they attended over the past few days. He was heartbroken for Executive Assistant Janet Perry and the loss of her father. He asked the Commission to consider requesting that the Boat Show begin in the Town of Lake Park instead of North Palm Beach. He announced that the Tree Lighting event was wonderful. He gave a brief history of how he met Regular Commission Meeting December 07, 2022 Page 7 Mayor O’Rourke and over a cup of coffee Mayor O’Rourke represented himself as a person who says what he means and means what he says. Vice-Mayor Glas-Castro thanked everyone for attending the legislative session. The Town was well represented. She explained that she attended the ULI Density Conference in Miami with the Village of Palm Springs. She stated that the Town of Lake Park staff has been working on density and other expansion projects throughout the Town. She stated that the Commission should thank staff for moving the Town forward, keeping up with emerging topics and being on the leading edge. We spoke of how she met Mayor O’Rourke and when they began working together. She spoke of how great an ambassador he has been for this Town. She spoke of their trips to Tallahassee. She stated that he will be missed. Commissioner Taylor stated that she will miss Mayor O’Rourke and was sad that he was leaving. Town Manager D’Agostino recapped when he began working for the Town. He spoke of all the crime fighting measures taken since he began working for the Town. He stated that these measures were possible because of the Commissioners worked together with staff. He stated that the Mayor’s legacy would be that he was the face of the Town and the progress during his tenure. He thanked the Mayor for what he had done, for the comradery he had built with staff and the residents. He stated that we all feel like we are working together with the Commission and residents to move the Town forward in a positive way. Mayor O’Rourke stated that the Holiday Lighting event was great. He congratulated Mayor-Elect Michaud and wished Ms. Patricia Leduc a Happy Anniversary. He reminded everyone of the December 21, 2022 Ribbon-Cutting Ceremony at 4:00 P.M. in Lake Shore Park. He wished everyone a Happy Holiday and Merry Christmas. He thanked staff. He stated that he loved working for the Town. He stated that the best thing about not being Mayor was that he could see all the great things that the Town has coming. He was very happy of the direction of the Town. He thanked the residents for loving this Town. He thanked Palm Beach County Sheriff’s Office Captain Gendreau for all the things he has done for the Town. He became emotional as he reflected on his individual experience with each staff member. He explained that during his entire tenure he had not stricken the gavel once. He adjourned his final meeting by striking the gavel. Everyone rose with applause. REQUEST FOR FUTURE AGENDA ITEMS: ADJOURNMENT: 10:02 P.M. FUTURE MEETING DATE: Next Scheduled Regular Commission Meeting will be held on January 4, 2023. Regular Commission Meeting December 07, 2022 Page 9  Item 1. Town of Lake Park Town Commission Agenda Request Form Meeting Date: December 7, 2022 Originating Department: Public Works Agenda Title: Presentation on the Public Works Two-way Radio System Approved by Town Manager: Bambi McKibbon-Turner Date: 12-01-22 Cost of Item: N/A Funding Source: N/A Finance N/A Account Number: Signature: Advertised: N/A Date: Newspaper: 1. Agenda Request Form (ARF) Attachments: 2. PowerPoint Presentation on the PW Two-Way Radio System 3.Agreement between the Town and LodeStar Tower (Resolution 51-08-22) Please initial one: Yes, I have notified everyone Not applicable in this case Summary Explanation/Background: The Town, through its Public Works Department (the “Department) provides public services and operates and maintains sanitation and stormwater utilities in addition to multiple publicly owned facilities, grounds and parks, supporting infrastructure and vehicle assets. In order to facilitate effective and efficient service delivery operations for residents and businesses, the Department requires and utilizes a Very-High Frequency-based (VHF) two-way radio system (the System). The System facilitates real-time communication between the various Public Works work teams in the field, Division Foreman and Department Managers to ensure efficient workforce asset utilization, equipment and work assignments, and emergency management operations. 4  Item 1. Furthermore, the Two-Way Radio System is the most widely-use system across both public and private organizations in the defense, emergency management, and public works sectors. At the request of the Town Commission, the Department has prepared a brief presentation (Attachment 2) on the history, uses, and benefits of the Department of Public Works’ Two-Way Radio System. Recommended Motion: There is no motion associated with this Agenda Item. For information and discussion purposes only. 5  Item 1. Presentation on the Two-Way Radio System in Use by the Department of Public Works Roberto Travieso Department of Public Works 6  Item 1. Background  Two-way Radio technology has been in use with the Town’s PD, FD, and PWD since at least 1982 (40+ years)  System relies on a combination of a repeater and an VHF antenna mounted at the highest possible height in the area of service for maximum range (~40 miles radius)  The Town transitioned from Motorola to Kenwood brand in 1992  Around 2003, PD and FD had been privatized, making PW the sole user of the technology in the Town 7  Item 1. Background (Cont.)  PW inherited all associated hardware/equipment and soon after, surplussed all extraneous equipment  Current repeater was last replaced in 2014 and the antenna was repaired in 2018  Public Works Dept (PWD) requires two-way radio communication to facilitate operations  Current primary system user in the field is the PW Sanitation Division 8  Item 1. Background (Cont.)  Town currently leases cell tower space on a communications tower, located at 630 Old Dixie Highway  Annual leasing cost for cell tower space is $12,413.00.  Current contract was renewed by the Town Commission on 8/24/2022 for a period of two (2) five-year terms (120 months) 9  Item 1. Current Inventory  Handheld: 22 EA  Truck-Mounted: 35 EA  Base Stations: 1 EA 10  Item 1. Limitations  Coverage area limited to ~40 miles: o To the North: Fort Pierce o To the South: City of Boynton Beach)  Equipment is nearing End of Life for Technical Support and Parts Availability  Most useful during emergency operations  Availability of other technologies, I.e. Cellphone, digital radio ($$$$), etc. 11  Item 1. How a Repeater Works 12  Item 1. Discussion/Questions 13  Item 2. Town of Lake Park Town Commission Agenda Request Form Meeting Date: December 7, 2022 Originating Department: Library Agenda Title: Little Free Library Presentation Approved by Town Manager: Bambi McKibon-Turner Date: 12-01-22 Cost of Item: $0.00 Funding Source: Account Number: Finance Signature: Advertised: Date: Newspaper: Town of Lake Park Application, Little Free Libraries Commission draft.pef, Procedures Regarding the Town of Lake Park, Sec 78-156, Stewards Guidelines and Responsibilities-LFL, Little Free Libraries Commission Attachments: draft.pptx Please initial one: Yes I have notified everyone JKC Not applicable in this case Summary Explanation/Background: Presentation of the Lake Park Little Free Library Program, to show how that it might be structured and what would be needed to start the program. Recommended Motion: No motion needed. This is a presentation only. 35 Item 2. 36  Item 2. This is from the user’s side, but what does it mean to have a Little Free Library on your property? 37  Item 2. A Little Free Library is a structure placed in areas accessible to the public and containing reading material and occasionally also used for collections like seed libraries and food pantries. Little Free Libraries that are registered to the Little Free Library organization can be located using a map on the organization’s website or through the Little Free Library app. The Little Free Library can be located on public or private property and requires a caretaker or Steward. 38  Item 2. Stewards are the individuals who have volunteered to take care of a Little Free Library. Many times the Stewards own the property on which the Little Free Library is located, but Stewards are also needed for Little Free Libraries located on public property. The Steward maintains the Little Free Library, ensuring that it is neat and in good condition as well as stocking and monitoring books placed in the Little Free Library. They remove inappropriate books and make sure there are enough, but not too many books, so that it is browseable. 39  Item 2. The red balloon is the only Little Free Library with a current charter in our town. 40  Item 2. 307 Fourth Street 214 Hawthorne Drive A service project by a homeschooler, it was taken This Little Free Library is a large mailbox. The down before a hurricane and hasn’t been current steward has been having problems with reinstalled. This does have a charter, but for some vandalism and mail being placed in the Little Free reason isn’t on the map. Library. 41  Item 2. • The Town chooses a design of Little Free Libraries and provides interested parties with the Little Free Library and a Charter. • The Little Free Libraries be purchased from Lake Worth Little Free Libraries. A new unfinished Little Free Library would cost $200. • The Town purchases the Charters from the Little Free Libraries organization in large batches for a discount. Batches of 20 signs will be $739.09 and that includes the $19.99 shipping charge. • The Town will remain the owner of all Little Free Libraries in this program. The Public Works Department will install the Little Free Library in the designated location, and provide maintenance and repair. 42 Item 2. 43 Item 2. 44 Item 2. 45 Item 2. 46 Item 2. 47  Item 10. Town of Lake Park Town Commission Agenda Request Form Meeting Date: December 7, 2022 Originating Department: Community Development 14-2022 ORDINANCE _______ AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 78, ARTICLE V OF THE TOWN OF LAKE PARK’S CODE OF ORDINANCES BY REPEALING SECTION 78-151, ENTITLED “HOME OCCUPATIONS” AND REPLACING IT WITH A NEW SECTION 78-151 ENTITLED “HOME- BASED BUSINESSES”; PROVIDING FOR THE AMENDMENT OF TABLE 78-1 CONTAINED IN CHAPTER 78, ARTICLE III, SECTION 78- 70 AND SECTION 78-78 OF THE TOWN OF LAKE PARK’S CODE OF ORDINANCES TO DELETE THE TERM HOME OCCUPATIONS AND REPLACING IT WITH THE TERM HOME-BASED BUSINESSES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Agenda Title: Approved by Town Manager: Date: 11-18-2022 Note additional item and cost: Legal ad ordinance review by Town Attorney, Cost of Item: $862.60 Funding Source: Acct. # 001-52-524-500-34910 - Digitally signed by Jeffrey P. Duvall 001-52-524- Jeffrey P. Duvall DN: cn=Jeffrey P. Duvall, o, ou, email=jduvall@lakeparkflorida.gov, c=US Account Number: 500-34910 Finance Signature: Date: 2022.11.15 09:22:48 -05'00' Advertised: Date: 10-28-2022 Newspaper: Palm Beach Post Attachments: Staff Report, Ordinance, Legal Ad Please initial one: Yes I have notified everyone KJG Not applicable in this case 238  Item 10. Summary Explanation/Background: The Town Commission will consider on first reading an ordinance amending the Town’s existing regulations for home occupations, to bring Town regulations into conformance with Florida statutes that were approved by the legislature in 2021. The proposed changes are detailed in the attached staff report. The Planning and Zoning Board held a Public Hearing on November 7 and voted unanimously to recommend approval of the ordinance to the Town Commission. Recommended Motion: I MOVE TO APPROVE THE ORDINANCE ON FIRST READING. 239  Item 10. TOWN OF LAKE PARK TOWN COMMISSION Public Hearing Meeting Date: December 7, 2022 STAFF REPORT Ordinance 240  Item 10. Background In 2021 the Florida Legislature adopted legislation affecting a local government’s ability to regulate home occupations. This is codified as FS section “559.955 Home-based businesses; local government restrictions”. (See Attachment A for statute) In summary, State law now prohibits local governments from regulating or restricting home-based businesses any different from other businesses in the local government’s jurisdiction, except as provided in the legislation. The legislation does include certain performance standards for neighborhood compatibility. Review of new ordinances adopted to address the legislation indicates that many communities are basically replacing their current language with that from the state statute itself. This includes West Palm Beach and Palm Beach Gardens. North Palm Beach has not yet amended its code. The Town’s ordinance, as proposed, would also basically utilize the state language, with minor additions to reflect Town ordinances. The current code section (Attachment C) would be repealed and replaced with the new text shown in Attachment B. The ordinance also contains amendments to two zoning districts to replace the term “home occupation” with “home-based business” for consistency with state statute. Analysis Major Differences between current code and proposed language The major differences between the Town’s existing regulations and those mandated by the state are listed below. Regulation Subject Town’s Current Code Proposed Code (per State Statute) Uses No retail sales, specific No prohibition on uses. uses listed as prohibited However residential character must be maintained. Restriction on Employees Must reside in home Resident + up to two non- residents Maximum area of 10 % No set limitation. However residence to be used must be secondary to the residential use 241  Item 10. Signage None, unless required by Per local code - state licensing law and Therefore, Town current maximum of 24 square restriction will carry inches forward. See attachment C for See attachment B for current Code proposed code Protections for the Neighborhood While the State clearly opened the door to a number of new types of home businesses, the legislation did include some safeguards for residential neighborhoods. This statutory language is shown below in blue italics. 1. Residential Appearance The following section of the statute can be broadly construed to protect residential neighborhood appearance, by requiring the following: “As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood.” “The home-based business may not conduct retail transactions at a structure other than the residential dwelling” This statutory language, included in the Town’s proposed ordinance will serve as a major safeguard, insuring the continuing appearance of a residential neighborhood. In addition to retail transactions, the Town has added service transactions as well. 2. Parking The Town’s ability to control the type of uses that are allowed depends to a large degree on parking. The legislation states, “… the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted.” Existing Town ordinances relating to parking in driveways and requiring hard surfaces for parking will serve to prohibit customers from parking on the grass. However, unless prohibited by Town Code or quantified, on-street parking would be enforced by making a determination that the volume of vehicles was exceeding what “would normally be expected at a similar residence where no business is conducted.” 242  Item 10. 3. Trucks The legislation states “Local governments may regulate the use of vehicles or trailers operated or parked at the business or on a street right-of-way, provided that such regulations are not more stringent than those for a residence where no business is conducted. ….. Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property. For purposes of this paragraph, the term heavy equipment means commercial, industrial, or agricultural vehicles, equipment, or machinery.” Therefore the Town will continue to enforce “Section 30-35 - Parking of commercial vehicles in residential districts” which dictates that: “Commercial vehicles in residential districts— Parking conditions. Commercial vehicles, with the exception of one taxicab, or high-capacity passenger van or work van, or standard vehicle with equipment or commercial signage as defined herein, shall not be parked, stored or left on any street, right-of-way, swale or alley or on any private property in any residential districts, except that commercial vehicles may be parked or stored in an enclosed garage on private property in a residence district when completely screened from public view.” 4. Nuisances such as noise, odors etc. The legislation allows the enforcement of local regulations in regards to noise, odors, etc. Sections 78-151 (C) 4. and 5. of the proposed code address this. (See attachment B. Overall Impact on Town Neighborhoods The above four sections in the statute provide the main tools to limit or prohibit certain uses that are not compatible with a residential neighborhood, and these have been included in the Town’s proposed ordinance. With the limitation on parking many of the uses that the Town currently prohibits would continue to be prohibited based on the parking volume they generate. Included for example would be uses such as restaurants and grocery stores, and high volume retail. Certain uses that are currently prohibited such as hair salons and barber shops could occur, with limited customers or appointment only. Retail uses such as a bakery or pick up orders deli might also occur. The requirement that business must be within the residence will eliminate uses that would negatively impact a neighborhood. The legislation does not supersede any current condominium declaration or any future declaration of condominium adopted pursuant to chapter 718. 243  Item 10. While it is not anticipated that there will be a large volume of requests for the new types of uses that will be allowable, the possibility that some businesses will not adhere to all the regulations exists and may require greater vigilance for code enforcement. While an impingement on home rule, the Town has no option but to comply with the State Statute. The proposed ordinance will accomplish that. The Town currently requires home businesses to have a business tax receipt from the Town, and this will continue. Legal Notice Legal Notice was provided via a display ad in the Palm Beach Post, which ran October 28, in accordance with state statute and the Town code for ordinances that change permitted uses in zoning districts. Planning and Zoning Board Recommendation The Planning and Zoning Board held a Public Hearing on November 7 and voted unanimously to recommend approval of the ordinance to the Town Commission. RECOMMENDED MOTION: I RECOMMEND APPROVAL OF THE ORDINANCE ON FIRST READING. Attachments: a. State Statute b. Proposed Amendments c.. Current Town Regulations 244  Item 11. Town of Lake Park Town Commission Agenda Request Form Meeting Date: 12/07/22 Originating Department: I.T. Resolution authorizing and directing the Town Manager to execute the renewal agreement with DocuSign for electronic workflow and Agenda Title: electronic forms. Approved by Town Manager: Bambi McKibbon-Turner Date: 12-01-22 Cost of Item: $13,691.33 Funding Source: Digitally signed by Jeffrey P. Duvall 001-51-512- Jeffrey P. Duvall DN: cn=Jeffrey P. Duvall, o, ou, email=jduvall@lakeparkflorida.gov, c=US Account Number: 110-49303 Finance Signature: Date: 2022.12.01 17:01:22 -05'00' Advertised: Date: Newspaper: Attachments: Resolution 86-12-22 Renewal Agreement Please initial one: P.M. Yes I have notified everyone Not applicable in this case Summary Explanation/Background: This item is seeking approval to renew the annual agreement with DocuSign. The Town Manager entered into an agreement with DocuSign in November 2021, to provide staff with the ability to sign forms electronically, using electronic workflow, in order to maximize efficiencies and productivity, and to eliminate paper forms. The amount of the initial agreement was $26,620.00 and included implementation services and usage for the first year. This renewal covers usage of DocuSign for 12/1/2022 – 11/30/2023. The Town Manager takes full responsibility for not seeking authorization to sign the agreement through 256  Item 11. resolution. Funding for DocuSign was appropriated, but approval to sign was not initiated as required. The agenda request form serves to correct this oversight. Recommended Motion: I move to adopt Resolution 86-12-22 _____________ 257  Item 11. RESOLUTION 86-12-22 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA AUTHORIZING AND DIRECTING THE TOWN MANAGER TO EXECUTE THE RENEWAL AGREEEMNT WITH DOCUSIGN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Lake Park, Florida ("Town") is a municipal corporation of the State of Florida with such power and authority as has been conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes and WHEREAS, the Town is empowered to enter into contractual arrangements with public agencies, private corporations or other persons; and WHEREAS, the Town Manager has presented to the Town Commission the renewal Agreement (“Agreement”) between DocuSign and the Town of Lake Park, a copy of which is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Town Commission has reviewed the provisions of the renewal Agreement and has determined that it is in the best interest of the Town to approve the renewal Agreement; and WHEREAS, Town Manager is recommending such approval. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA AS FOLLOWS Section 1. The whereas clauses are hereby incorporated herein. Section 2. The Town Commission hereby approves the renewal Agreement between DocuSign and the Town of Lake Park as set forth in Exhibit A and authorizes and directs the Town Manager to execute such Agreement. Section 3. This Resolution shall take effect immediately upon its adoption. 258 DocuSign Envelope ID: D847ED0D-27CA-4B88-8A7F-4ED4AFC5F59A Item 11. DocuSign, Inc. Offer Valid Through: Dec 1, 221 Main Street, Suite 1000 2022 San Francisco, CA 94105 Prepared By: Whitney Miller Quote Number: Q-00937164 ORDER FORM Address Information Bill To: Ship To: Town of Lake Park Town of Lake Park 535 Park Ave, 535 Park Ave, West Palm Beach, FL, 33403 West Palm Beach, FL, 33403 United States United States Billing Contact Name: Shipping Contact Name: Paul McGuinness Paul McGuinness Billing Email Address: Shipping Email Address: pmcguinness@lakeparkflorida.gov pmcguinness@lakeparkflorida.gov Billing Phone: Shipping Phone: +1.561.881.3303 +1.561.881.3303 Order Details Order Start Date: Dec 1, 2022 Payment Method: Check Order End Date: Nov 30, 2023 Payment Terms: Net 30 Billing Frequency: Annual Currency: USD Products Product Name Start Date End Date Quantity Net Price eSignature Enterprise Pro for Gov - Envelope Dec 1, 2022 Nov 30, 2023 2,000 $11,222.40 Enterprise Premier Support Dec 1, 2022 Nov 30, 2023 1 $2,468.93 Grand Total: $13,691.33 Product Details eSignature Envelope Allowance: 2,000 Overage/Usage Fees 259 DocuSign Envelope ID: D847ED0D-27CA-4B88-8A7F-4ED4AFC5F59A Item 11. eSignature Enterprise Pro for Gov - Env (Per Transaction): $9.40 Order Special Terms Terms & Conditions This Order Form is governed by the terms Master Services Agreement available online at: https://www.docusign.com/company/terms-and-conditions/msa and the applicable Service Schedule(s) and Attachments for the DocuSign Services described herein available online at https://www.docusign.com/company/terms-and-conditions/msa-service-schedules. Billing Information Prices shown above do not include any state and local taxes that may apply. Any such taxes are the responsibility of the Customer and will appear on the final Invoice. Is the contracting entity exempt from sales tax? Please select Yes or No: \tax1\ Yes If yes, please send the required tax exemption documents immediately to taxexempt@docusign.com. Invoices for this order will be emailed automatically from invoicing@docusign.com. Please make sure this email is on an approved setting or safe senders list so notifications do not go to a junk folder or caught in a spam filter. Purchase Order Information Is a Purchase Order (PO) required for the purchase or payment of the products on this Order Form? Please select Yes or No: \por1\ No If yes, please complete the following: PO Number: \po1\ PO Amount: $\pa1\ Page 2 of 3 260 DocuSign Envelope ID: D847ED0D-27CA-4B88-8A7F-4ED4AFC5F59A Item 11. By signing this Agreement, I certify that I am authorized to sign on behalf of the Customer and agree to the Terms and Conditions of this Order Form and any documents incorporated herein. Customer DocuSign, Inc. Signature: \si1\ Signature: \si3\ Name: \na1\ John D'Agostino Name: \na3\ Claire Geisse Job Title: \ti1\ Town Manager Job Title: \ti3\ Revenue Operations Sr Manager Date: \ds1\ November 23, 2022 Date: \ds3\ November 23, 2022 \ \in2\ Page 3 of 3 261  Item 12. Town of Lake Park Town Commission Agenda Request Form Meeting Date: October 5, 2022 Agenda Item No. Agenda Title: Next Steps for Tennis and Pickleball Programs [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [ ] OLD BUSINESS [ ] PUBLIC HEARING ORDINANCE ON _____ READING [X] NEW BUSINESS [ ] OTHER: Bambi McKibbon-Turner Approved by Town Manager _______________________ 12-01-22 Date: ________________ ___ Name/Title Originating Department: Costs: $ 0.00 Attachments: Funding Source: Special Events • 2020 RFP for Tennis Acct. # Center Management and [ ] Finance ________________ Maintenance Service All parties that have an interest Yes I have notified Advertised: in this agenda item must be everyone___ Date: _____________ notified of meeting date and or time. The following box must Not applicable in this case RCF Paper: ____________ [ ] Not Required be filled out to be on agenda. Please initial one. Summary Explanation/Background: At the September 21, 2022 Commission Meeting, the Town Commission voted to terminate the Agreement for Tennis Center Management and Maintenance Service with Elite Sports and Recreation Management and move forward with a new Request for Proposal (RFP). The previous RFP in 2020 (see attachment) was for a tennis program only. However, the bidders were also given the option to provide an alternate proposal identifying a secondary proposed sport as well as the number of courts that will be used. The secondary proposed sport requirements included the use of at least one tennis court and had to be played using a racquet and/or paddle, including, but not limited to: Badminton, Pickleball and Soft 262  Item 12. Tennis. As a requirement of the previous agreement with Elite Sports and Recreation Management, the Town resurfaced and restriped the courts located in Kelsey and Lake Shore Park. Currently we have two (2) tennis courts located in Kelsey Park (for the general public) as well as two (2) tennis courts and eight (8) pickleball courts located in Lake Shore Park. At this time, staff would like direction from the Town Commission on the structure of the new RFP. All courts can be restriped to either tennis and/or pickleball courts for a nominal fee. RFP Options: 1. Leave the tennis and pickleball courts in their current condition and find a provider that can offer both a tennis and pickleball program. This would leave us with two (2) tennis courts in Kelsey Park (for the general public) as well as two (2) tennis courts and eight (8) pickleball courts in Lake Shore Park. 2. Restripe one (1) of the pickleball courts in Lake Shore Park, revert it to a tennis court and find a provider that can offer both a tennis and pickleball program. This would leave us with two (2) tennis courts in Kelsey Park (for the general public) as well as three (3) tennis courts and four (4) pickleball courts in Lake Shore Park. 3. Restripe all of the pickleball courts in Lake Shore Park and revert them to tennis courts and find a provider that can offer a tennis program only. This would leave us with two (2) tennis courts in Kelsey Park (for the general public) as well as four (4) tennis courts in Lake Shore Park. No pickleball courts will remain with this option. Recommended Motion: At the Town Commissions discretion based on the information provided. 263  Item 12. NEXT STEPS: TENNIS AND PICKLEBALL PROGRAM 1. Restripe the 2 tennis courts located in Kelsey Park and turn them into 8 pickleball courts.  All pickleball courts will be located in Kelsey Park.  This will assist with the noise complaints from the 801 building and limit play to daylight hours. 2. Restripe the 8 pickleball courts located in Lake Shore Park and turn them into tennis courts.  This will give us a total of 4 tennis courts. All of which, will be located in Lake Shore Park.  We will not have enough tennis courts for tournament play. However, staff has discussed the possibility of partnering with the County and City of Palm Beach Gardens to host tennis and pickleball tournaments at the Tennis and Pickleball Center located at The Gardens North District Park. 3. The Town will publish a Request for Qualifications (RFQ) for qualified tennis and pickleball instructors to provide individual and group lessons.  The Town will choose which instructors will be allowed to provide lessons on the courts.  Each instructor will have to pay a fee to the Town to use the courts. We will have to determine if this will be a monthly fee or an hourly rate based on their usage.  Only those instructors that have been pre-qualified by the Town, will have the ability to teach tennis and pickleball lessons.  The contact information for each instructor will be provided on the Town’s website and posted at the tennis and pickleball courts along with instructions.  A customer satisfaction survey will be created by staff and provided to participants after each session. Town staff will use the survey to determine whether or not the instructors are providing adequate instruction. 4. We will not lock the gates to any Tennis or Pickleball Facility.  PBSO and staff will help patrol the area to make sure no damage occurs to the courts.  Staff has obtained a proposal to add additional surveillance cameras to all courts. The proposal includes the electrical work to power the cameras.  The Town will need to eventually hire a Parks Ranger to monitor both parks during normal operating hours. 5. The operating hours for the tennis courts will be from 6:30 am – 10:00 pm and the pickleball courts will be open from 6:30 am – 8:00 pm. 6. The operating hours for Kelsey Park and Lake Shore Park will remain open from 6:30 am – 10:00 pm. 7. We will set up an online system for players to reserve 50% of the available tennis courts (2 of 4) and 50% of the available pickleball courts (4 of 8) during specific dates/time periods.  We will send out a survey to all residents to determine what hours will be reserved for open play.  This is to be self-managed by the players with minimal intervention from Town Staff.  When a court is not reserved, the court remains available for open play until the date/time of the next reservation.  We should be able to do this with the recreation function of the software from Tyler Technologies. However, we may have to find a temporary solution first.  Reservations will be required two hours in advance.  PBSO will need access to account to verify the reservations. 264