Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Wednesday, June 07, 2023 at 6:30 PM Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 Roger Michaud — Commissioner Kimberly Glas-Castro — Vice-Mayor John Linden — Commissioner Mary Beth Taylor — Commissioner Judith Thomas — Commissioner John 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 6:30 P.M. PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner John Linden Commissioner Mary-Beth Taylor Commissioner Judith Thomas PLEDGE OF ALLEGIANCE Marty Davenport led the pledge. Regular Commission Meeting June 07, 2023 Page 1 SPECIAL PRESENTATION/REPORT: 1. Follow-Up Presentation Associated with the Findings and Recommendations Rising from the Comprehensive 2023 Stormwater Utility Rate Analysis. Public Works Director Roberto Travieso and Mr. Murray Hamilton, representing Raftelis Financial Consultants, Inc. presented to the Commission (see Exhibit "A"). Commissioner Linden stated that he supports a stormwater rate but that the rate proposed is unacceptable because it will create too much of a tax reserve. Commissioner Linden states he is not prepared at this time to approve having 2 million dollars in tax reserves. Public Works Director Travieso explained that there would not be a 2 million dollar tax reserve. Commissioner Linden stated that a lot of our resident are not affluent and it might be tough to come up with a few extra hundred dollars and he would like staff to come back with rates that are more reasonable and asked if we need the rates that are being proposed. Public Works Director Travieso stated there are sometimes unexpected expenses, such as an emergency expense that came up previously and that the proposed rate would take into account any possible emergency expenses that may arise. Commissioner Linden asked if the proposed rate takes into consideration the 600 units that Mr. Hamilton spoke about. Public Works Director Travieso stated the revenue from those units has been factored in. Commissioner Linden asked if staff would be opposed to re-evaluating the rate next year. Public Works Director Travieso stated that he does not believe the result would be any different and could potentially increase the rate by waiting. Commissioner Thomas thanked the presenters and asked if there was any way to make a reduction by half over the first year and spread that amount over the remaining years so as to reduce the shock factor for the public. Public Works Director Travieso spoke about the immediate needs in the first year and Mr. Hamilton explained that the proposal that is being made contains the lowest rate increase for fiscal year 2024 as opposed to the other two scenarios that were examined for proposal. Vice-Mayor Glas-Castro asked for the historical rate information in the next presentation. She stated that we cannot continue to defer maintenance. Mr. Hamilton explained that staff has that historical information and it will be made available to the Commission. Town Manager D'Agostino urged the Commission on the need for the improvements that are being proposed. Public Comment - Marty Davenport 232 Evergreen Drive commented on the proposed tax increases stating that the proposed increase is not reasonable.  2. Legislative Update by Senator Bobby Powell Senator Bobby Powell and State Representative Jervonte Edmonds presented to the Commission (see Exhibit "B"). Mayor Michaud thanked the Senator and State Representative for presenting before them this evening. Commissioner Linden spoke about a previous experience while visiting Congress in Tallahassee. Commissioner Thomas made comments regarding the same visit to Congress. She asked about the African-American museum and where it will be located. Senator Powell responded with a list of potential sites. Commissioner Taylor thanked the Senator. Vice-Mayor Glas-Castro thanked the Senator. 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. James Sullivan 348 Flagler Blvd, made comments regarding school shootings, NRA and skeet. 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 Vice-Mayor Glas-Castro, Seconded by Commissioner Linden. Voting Yea: Mayor Michaud, Commissioner Taylor. Commissioner Thomas was not in the room at the time of the vote. 3. May 6, 2023 Third Public Workshop Park Avenue Lane Reduction (Road Diet) Project Meeting Minutes 4. May 17, 2023 Regular Commission Meeting Minutes Regular Commission Meeting June 07, 2023 Page 3  5. May 18, 2023 Follow-up Community Meeting on the 2023 Storm Water Utility Rate Study Meeting Minutes 6. 2023 CRS Floodplain Management Annual Progress Report BOARD MEMBER NOMINATION: 7. Planning & Zoning Board Member Nomination Ms. Patricia Leduc Motion made to appoint Patricia Leduc to the Planning & Zoning Board by Mayor Michaud, Seconded by Vice-Mayor Glas-Castro. Voting Yea: Commissioner Linden, Commissioner Taylor, Commissioner Thomas. Ms. Patricia Leduc thanked the Commission for appointing her to the Board. 8. Library Board Nomination of Sue Rinaldi Motion made to appoint Sue Rinaldi to the Library Board by Commissioner Linden, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor. QUASI-JUDICIAL PUBLIC HEARING (RESOLUTION): None PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: None PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: None OLD BUSINESS: None NEW BUSINESS: 9. Discussion Item on Floodplain Management Regulation Changes and Seawall Permit Moratorium. Town Manager D’Agostino explained the moratorium to put construction on hold until regulations are developed in regards to the height of the sea walls. Community Development Department Director Nadia D’Tomasso added that the moratorium document would need to come back before the Commission and the regulations related to sea walls be developed.  Motion made to approve moving forward with the seawall permit moratorium by Vice-Mayor Glas-Castro, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Commissioner Linden, and Commissioner Taylor. 10. Overview of the Proposed Road Closure and Maintenance of Traffic Plan Associated with the Nautilus 220 Project. Public Works Director Travieso explained the item (see Exhibit "C") and Kast Construction Senior Project Manager Tony Costa provided further details. Vice-Mayor Glas-Castro asked about the temporary bridge having enough integrity to hold construction trucks. The Kast representative stated that yes, they will be able to handle those types of vehicles. The commission made comments in favor of the plan. 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. No Public Comment TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Baird had no comments. Town Manager D'Agostino provided his comments as exhibit "D". The Commission reached a consensus to hold a P3 Comprehensive Agreement Workshop on Wednesday June 21, 2023 at 6pm. Commissioner Linden thanked everyone who came to the ribbon cutting on Saturday at the Library and asked about the Juneteenth parade in Riviera Beach. Special Events Director Riunite Franks stated she would look into it seeing if the Town would be participating. Commissioner Thomas spoke about Mounts Botanical Garden and potential participation in a tree program to obtain trees for the town. She also thanked the town for all of their kindness during the passing of her aunt. Commissioner Taylor had no comments. Vice-Mayor Glas-Castro stated that there will be guidance coming on the using Financial Interest Form 6. Mayor Michaud spoke about the District 1 lunch and the use of Financial Interest Forms 1 and 6. He also reminded everyone about the Town bike ride during summer months. REQUEST FOR FUTURE AGENDA ITEMS: Regular Commission Meeting June 07, 2023 Page 5  Town of Lake Park Stormwater Utility The 2023 Rate Study Public Works Department June 7, 2023 1  Project Milestones • On January 18, 2023, the Town Commission engaged Raftelis to prepare a stormwater rate study • Town staff held a special workshop for residents and business owners on May 18, 2023 › A total of 3,687 Public notices (in three languages) were mailed two weeks prior to event; added to Town’s website in April 2023 › The agenda and presentation materials were made available on the Town’s website on May 17, 2023 › The presentation was also recorded for those who could not join the meeting in person 2  May 18th Workshop – Discussion Topics 1. Introductions 8. Summary of Current 2. Stormwater Utility Background Operations 3. Stormwater Utility Operations 9. Master Plan Funding 4. The Stormwater Utility Rate Requirements Analysis 10. Conclusions and 5. Principal Cost Drivers Recommendations 6. Study Objectives & Tasks 11. Q&A 7. Major Study Assumptions 12. Closing Comments 3  Executive Summary 4  Stormwater Utility – Background • Required to manage stormwater runoff › Improves quality of stormwater discharges by removing pollutants › Protects the environment and wildlife habitat › Protects public/private property from flood damage • Drainage system consists mostly of grassed swales for conveyance of runoff to catch basins and underground pipes/structures. • System discharges through 15 major outfalls to the Lake Worth Lagoon and the C‐17 Canal. 5  Stormwater Utility – Background (cont.) • Utility is permitted/regulated by Florida DEP. • Aging drainage infrastructure is failing at a faster rate. › An estimated 20% of the 10.6 miles of pipe infrastructure should be replaced immediately › Remaining pipe will need to replaced over the next 20 years 6  Stormwater Utility – Background (cont.) • Climate Change and Sea-level Rise › Climate change and environmental stressors pose a challenge to the drainage system’s capacity to handle storm events of both small and large magnitude. › NOAA: Land/Ocean temperatures Ft. Lauderdale Int’l Airport, April 2023 have increased an average of 0.14 degrees Fahrenheit per decade since 1880. – Predicts a 20-30% increase in extreme precipitation by 2050. 7  Stormwater Utility – Background (cont.) • Operates as a self-supporting enterprise fund with separate accounting from other Town departments and resources • Town has historically used operating reserves to cover actual expenses that exceeded the budgeted amounts while phasing in rate adjustments over time Historical Monthly Rates per Equivalent Stormwater Unit (ESU) Assessment Year Monthly Annual 2018-2019 $11.00 $132.00 2019-2020 $12.00 $144.00 2020-2021 $12.00 $144.00 2021-2022 $12.50 $150.00 8 2022-2023 $13.50 $162.00  The 2023 Stormwater Utility Rate Study  Stormwater Program Requirements • Total program needs through FY28 are estimated to exceed $18.6 million 10  Projected Revenues • Annual revenues estimated at $1.1 million per year › Most property owners take advantage of the 4% discount by paying early • Due to changes in land use, the overall ESU count has decreased in recent years • Town’s Stormwater Engineer provided a preliminary list of property developments that would add more than 600 new ESUs over study period. 11  Principal Cost Drivers • Current operating deficiency › FY23 operating expenses exceed current revenues by approximately $250,000 (24% of existing rates) • High costs, frequency and severity of mechanical repairs. Replacement of major components due to aging fleet. 12  Principal Cost Drivers (cont.) • Compensation and Recruitment: › Highly competitive labor market › Stormwater Technician II positions vacant 18+ months › Recommended changes to operating salaries and associated benefits • Competition: long lead times for materials, supplies, equipment and vehicles › Inflationary increases on all business expenditures 13  Principal Cost Drivers (cont.) • Increased infrastructure repairs and maintenance costs › Cure-in-place pipe / pipe replacements • Newly identified master plan improvement projects › Result of 20-year Needs Assessment, as required by State Law 14  Projected Operating Expenses 15  Capital Leases • Existing Street Sweeper lease of $55,000 ends in FY24 • Town staff provided a list of vehicle replacements with the following estimated lease payments: Proposed Vehicle Replacements Vehicle Name Year Replacement Lead Lease Acquired Year Time Payment [*] New Holland Skid Steer / Loader 2006 2024 2025 $75,000[**] Vac-Con Vacuum Truck 2009 2024 2026 $190,000 Tymco Street Sweeper 2020 2026 2026 $92,000 _____ [*] Lease term assumed to be 4-years at a 5.27% annual interest rate. [**] One time payment of approximately $75,000.00. 16  Recurring Capital Outlay • Town staff provided a list of minor capital outlay and equipment funding of under $100,000 per year to address the following system needs: › Asset Management › Quick View Camera › Replacement Generator › Stormwater & Grounds Maintenance › Stormwater Heavy Equipment Transport › Stormwater and Equipment Maintenance › Pump Station Monitoring and Maintenance 17  Summary of Current Operations (Excludes Master Plan Improvement Projects) 18  Master Plan Improvement Projects • Town prepared a master plan to address the system’s deficiencies that were identified in the 20-year Needs Assessment › The Needs Assessment was prepared as required by State Law • Project improvements necessary to address system rehabilitation and resiliency total more than $20 million › Reflects the estimated “present value” expenditures before considering future cost increases resulting from inflation 19  Master Plan Improvement Projects (cont.) • For the study period, we included an allowance of approximately $1.2 million per year (FY24-28) › Based on discussions with Town staff, no grant revenues have been assumed in the near-term – Future grant awards, if any, must be used for selected improvements and typically require a “match” of utility funds › Town has a hired full-time grant writer who will assist the utility with applying for future grants 20  Total Funding for Proposed Capital Needs 21  Adequacy of Existing Rates 22  Exclusions: What costs are not captured in the rate study results? • System expansion into areas that do not have service yet › Town staff will seek grant funding • Unknown capital maintenance and replacement needs › Town staff only able to inspect up to 10% of the system in any year – Major unforeseen failures may be likely • Funding for emergencies › Study recommendations begin moving the utility to provide some cash reserves to meet minimum operating needs › Proposed rates may do little to create a sustainable, reserve fund to address emergencies 23  Proposed Stormwater Rates Description FY24 FY25 FY26 FY27 FY28 Funds Total Program (Including Master Plan Improvements) Percent Rate Increase 89% 26% 26% 13% 9% Proposed Monthly Charge per ESU $25.52 $32.16 $40.52 $45.79 $49.91 (Current Fee $13.50) Proposed Annual Assessment per ESU (Current $306.24 $385.92 $486.24 $549.48 $598.92 Fee $162.00) Key Benefits • Phased-in approach • Under certain conditions, rates may be • Utility becomes self-sufficient after FY-28 adjusted based on grants revenue • Builds Reserves over time 24  Conclusions & Recommendations 1. The stormwater utility should operate as a self-supporting enterprise fund with separate accounting from other Town departments › Town has consistently used operating reserves to cover actual expenses, but those reserves have been depleted 2. Town Commission should consider adopting a reserve policy for the stormwater utility to provide working capital and to help address unforeseen contingencies › We recommend a target reserve balance of at least 90 days of annual expenditures 25  Conclusions & Recommendations (cont.) 3. Existing rates are not adequate to cover the current operations › Additional adjustments are also needed to adequately fund the Town’s master plan improvement projects 4. Town Commission should consider borrowing a portion of the capital improvements in order to phase in the proposed assessments over time › The maximum proposed monthly rate is $49.91 per ESU or $598.92 annually for each residential dwelling unit (FY-28) – A phase-in schedule is provided on Slide 37 5. This study should be updated within 5-years 26  Next Steps & Timeline • January-May 2023: Stormwater Rate Analysis • May 18, 2023: Follow-up Meeting on the Stormwater Rate Analysis • June 7, 2023: Presentation to Town Commission on findings and recommendations from Stormwater rate analysis (for discussion only) • July 28, 2023: Town submits maximum proposed Stormwater assessment rates to PB County (TRIM Notice) • August 2023: Fee Schedule Resolution presented for approval • August 18, 2023: TRIM Notices mailed to all taxpayers • September 2023: Town submits approved Stormwater assessment rates • November 1, 2023: Tax bill sent to all taxpayers 27  Questions & Comments 28  Appendix: May 18, 2023 Workshop Presentation 29  Town of Lake Park Stormwater Utility Follow-Up Meeting on the 2023 Stormwater Rate Study Public Works Department May 18, 2023 30 Please Scan to View this Presentation on your Device.  Follow-Up Meeting Agenda 1. Introductions 8. Summary of Current 2. Stormwater Utility Background Operations 3. Stormwater Utility Operations 9. Master Plan Funding 4. The Stormwater Utility Rate Requirements Analysis 10. Conclusions and 5. Principal Cost Drivers Recommendations 6. Study Objectives & Tasks 11. Q&A 7. Major Study Assumptions 12. Closing Comments 32  Project Team • Members of the Town Commission • John D’Agostino – Town Manager • Roberto Travieso – Public Works Director • Dwayne Bell – Operations Manager • Murray Hamilton – Vice President, Raftelis • John Wylie – Stormwater Infrastructure Foreman 33  Stormwater Utility – Background • Required to manage stormwater runoff › Improves quality of stormwater discharges by removing pollutants › Protects the environment and wildlife habitat › Protects public/private property from flood damage • Drainage system consists mostly of grassed swales for conveyance of runoff to catch basins and underground pipes/structures. • System discharges through 15 major outfalls to the Lake Worth Lagoon and the C‐17 Canal. 34  Stormwater Utility – Background (cont.) • Utility is permitted/regulated by Florida DEP. • Aging drainage infrastructure is failing at a faster rate. › An estimated 20% of the 10.6 miles of pipe infrastructure should be replaced immediately › Remaining pipe will need to replaced over the next 20 years 35 36  Stormwater Utility – Background (cont.) • Climate Change and Sea-level Rise › Climate change and environmental stressors pose a challenge to the drainage system’s capacity to handle storm events of both small and large magnitude. › NOAA: Land/Ocean temperatures Ft. Lauderdale Int’l Airport, April 2023 have increased an average of 0.14 degrees Fahrenheit per decade since 1880. – Predicts a 20-30% increase in extreme precipitation by 2050. 37  Stormwater Utility – Background (cont.) • Operates as a self-supporting enterprise fund with separate accounting from other Town departments and resources • Town has historically used operating reserves to cover actual expenses that exceeded the budgeted amounts while phasing in rate adjustments over time Historical Monthly Rates per Equivalent Stormwater Unit (ESU) Assessment Year Monthly Annual 2018-2019 $11.00 $132.00 2019-2020 $12.00 $144.00 2020-2021 $12.00 $144.00 2021-2022 $12.50 $150.00 38 2022-2023 $13.50 $162.00  Stormwater Utility – Background (cont.) • Authorized Staff: • Stormwater Maintenance Division is assigned four (4) full-time employees: › Supervisor › Stormwater Technician II (vacant 19 months) › Stormwater Technician II (vacant 7+ months) › Stormwater Technician I 39  Stormwater Utility – Background (cont.) • Assigned Equipment/Trucks: › Frequent out-of-service periods and operational disruptions › Recommended Service Life: 7 Years (Yrs.) Equipment Years in Service Years Past Service Life Street Sweeper (2020) 3 Yrs. N/A Vacuum Truck (2009) 14 Yrs. 7 Yrs. Backhoe (2008) 15 Yrs. 8 Yrs. Skid Steer Loader (2006) 17 Yrs. 10 Yrs. Farm Tractor (2006) 17 Yrs. 10 Yrs. Mower (2004) 19 Yrs. 12 Yrs. Average: 14 Yrs. 7 Yrs. 40  Stormwater Utility – Operations 41  Stormwater Utility – Operations (cont.) 42  The 2023 Stormwater Utility Rate Analysis  Stormwater Program Requirements • Total program needs through FY28 are estimated to exceed $18.6 million 44  Principal Cost Drivers • Current operating deficiency › FY23 operating expenses exceed current revenues by approximately $250,000 (24% of existing rates) • High costs, frequency and severity of mechanical repairs. Replacement of major components due to aging fleet. 45  Principal Cost Drivers (cont.) • Compensation and Recruitment: › Highly competitive labor market › Stormwater Technician II positions vacant 18+ months › Recommended changes to operating salaries and associated benefits • Competition: long lead times for materials, supplies, equipment and vehicles › Inflationary increases on all business expenditures 46  Principal Cost Drivers (cont.) • Increased infrastructure repairs and maintenance costs › Cure-in-place pipe / pipe replacements • Newly identified master plan improvement projects › Result of 20-year Needs Assessment, as required by State Law 47  Authorization • The stormwater utility has exhausted its reserve funds › Unappropriated reserve fund balance at the end of FY23 is estimated to be less than $100,000 • On January 18, 2023, the Town Commission engaged Raftelis to prepare a Stormwater Utility Rate Analysis 48  Study Objectives • Develop a funding strategy to pay for stormwater system operations, maintenance and capital repairs & upgrades › Emphasis on replacement of aging fleet and funding capital improvements to meet the drainage needs of the service area – Historically, stormwater rates were only established to recover operating expenses without any additional revenues for capital improvements • Estimate revenue requirements to be recovered from stormwater rates • Identify the need for future rate adjustments 49  Study Tasks • Prepare a financial forecast › Fiscal years 2023 through 2028 • Develop projections of: › Stormwater revenues › Operating expenses and capital lease payments › Capital improvement requirements & funding › Cash reserve requirements › Adequacy of revenues at existing rates 50  Discussion Topics Major Study Assumptions Revenues and Expenses Capital Leases and Minor Equipment Summary of Current Operations Evaluation of Master Plan Funding Requirements Conclusions & Recommendations 51  Stormwater Drainage Demographics • Over 10.65 miles of stormwater pipe • Serves approximately 3,000 properties or 6,600 equivalent stormwater units (ESUs) including all (developed) real property throughout the service area › Residential Properties – 1.0 ESU per dwelling unit › Non-residential Properties – ESU calculation for each property based on the impervious area of the property after considering applicable stormwater mitigation credits, if any – 1.0 ESU equals 5,202 square feet of impervious area 52  Projected Revenues • Annual revenues estimated at $1.1 million per year › Most property owners take advantage of the 4% discount by paying early • Due to changes in land use, the overall ESU count has decreased in recent years • Town’s Stormwater Engineer provided a preliminary list of property developments that would add more than 600 new ESUs over study period. 53  Projected Operating Expenses • Based on the adopted FY23 budget › Minor adjustments were also made to account for recent increases in utility costs and operating lease payments • (1) Additional Stormwater Technician II assumed to be hired in FY25 • Projections include a detailed plan to conduct operating repairs and maintenance over the study period › Significant investments in cure-in-place pipe / pipe replacements • Town plans to enter into an agreement to provide remote (SCADA) monitoring services for Lake Shore Drive Pump Station 54  Projected Operating Expenses (cont.) • Budgeted expenses beyond FY23 were increased based on estimated inflationary allowances as follows: › Labor: 15% (FY24); then 4% per year › Health & Liability Insurance: 15% per year › Fuel & Utilities: 5% per year › General Inflation: 3% per year 55  Capital Leases • Existing Street Sweeper lease of $55,000 ends in FY24 • Town staff provided a list of vehicle replacements with the following estimated lease payments: Proposed Vehicle Replacements Vehicle Name Year Replacement Lead Lease Acquired Year Time Payment [*] New Holland Skid Steer / Loader 2006 2024 2025 $75,000[**] Vac-Con Vacuum Truck 2009 2024 2026 $190,000 Tymco Street Sweeper 2020 2026 2026 $92,000 _____ [*] Lease term assumed to be 4-years at a 5.27% annual interest rate. [**] One time payment of approximately $75,000.00. 56  Recurring Capital Outlay • Town staff provided a list of minor capital outlay and equipment funding of under $100,000 per year to address the following system needs: › Asset Management › Quick View Camera › Replacement Generator › Stormwater & Grounds Maintenance › Stormwater Heavy Equipment Transport › Stormwater and Equipment Maintenance › Pump Station Monitoring and Maintenance 57  Projected Lease Payments & Capital Outlay 58  Summary of Current Operations (Excludes Master Plan Improvement Projects) 59  Master Plan Improvement Projects • Town prepared a master plan to address the system’s deficiencies that were identified in the 20-year Needs Assessment › The Needs Assessment was prepared as required by State Law • Project improvements necessary to address system rehabilitation and resiliency total more than $20 million › Reflects the estimated “present value” expenditures before considering future cost increases resulting from inflation 60  Master Plan Improvement Projects (cont.) • For the study period, we included an allowance of approximately $1.2 million per year (FY24-28) › Based on discussions with Town staff, no grant revenues have been assumed in the near-term – Future grant awards, if any, must be used for selected improvements and typically require a “match” of utility funds › Town has a hired full-time grant writer who will assist the utility with applying for future grants 61  Total Funding for Proposed Capital Needs 62  Financing Assumptions • Based on discussion with Town staff, we assumed the following borrowing terms: › 15 years at 5% annual interest cost – Included a 3% allowance for financing costs › Series 2024 Long-term Debt assumed issued Jan. 2024 – $2.4 million loan / $235,000 annual payment › Series 2027 Long-term Debt assumed issued Oct. 2026 – $0.5 million loan / $50,000 annual payment NOTE: Actual terms will be negotiated at the time the loan is issued. 63  Adequacy of Existing Rates 64  Exclusions: What costs are not captured in the rate study results? • System expansion into areas that do not have service yet › Town staff will seek grant funding • Unknown capital maintenance and replacement needs › Town staff only able to inspect up to 10% of the system in any year – Major unforeseen failures may be likely • Funding for emergencies › Study recommendations begin moving the utility to provide some cash reserves to meet minimum operating needs › Proposed rates may do little to create a sustainable, reserve fund to address emergencies 65  Proposed Stormwater Rates Description FY24 FY25 FY26 FY27 FY28 Funds Total Program (Including Master Plan Improvements) Percent Rate Increase 89% 26% 26% 13% 9% Proposed Monthly Charge per ESU $25.52 $32.16 $40.52 $45.79 $49.91 (Current Fee $13.50) Proposed Annual Assessment per ESU (Current $306.24 $385.92 $486.24 $549.48 $598.92 Fee $162.00) Key Benefits • Phased-in approach • Under certain conditions, rates may be • Utility becomes self-sufficient after FY-28 adjusted based on grants revenue • Builds Reserves over time 66  Summary of Program Requirements (FY28) 67  Conclusions & Recommendations 1. The stormwater utility should operate as a self-supporting enterprise fund with separate accounting from other Town departments › Town has consistently used operating reserves to cover actual expenses, but those reserves have been depleted 2. Town Commission should consider adopting a reserve policy for the stormwater utility to provide working capital and to help address unforeseen contingencies › We recommend a target reserve balance of at least 90 days of annual expenditures 68  Conclusions & Recommendations (cont.) 3. Existing rates are not adequate to cover the current operations › Additional adjustments are also needed to adequately fund the Town’s master plan improvement projects 4. Town Commission should consider borrowing a portion of the capital improvements in order to phase in the proposed assessments over time › The maximum proposed monthly rate is $49.91 per ESU or $598.92 annually for each residential dwelling unit (FY-28) – A phase-in schedule is provided on Slide 37 5. This study should be updated within 5-years 69  & 70  Next Steps & Timeline • January-May 2023: Stormwater Rate Analysis • May 18, 2023: Follow-up Meeting on the Stormwater Rate Analysis • June 7, 2023: Presentation to Town Commission on findings and recommendations from Stormwater rate analysis (for discussion only) • July 28, 2023: Town submits maximum proposed Stormwater assessment rates to PB County (TRIM Notice) • August 2023: Fee Schedule Resolution presented for approval • August 18, 2023: TRIM Notices mailed to all taxpayers • September 2023: Town submits approved Stormwater assessment rates • November 1, 2023: Tax bill sent to all taxpayers 71  Mitigating Stormwater Impacts • Implement Green Infrastructure on your property › Rain Gardens: Direct downspout stormwater runoff from roads into rain gardens prior to discharge into stormwater system › Rain Barrels: Collect rain for irrigation and other uses › Permeable pavers › Other strategies › Qualify for stormwater assessment credits 72  Connect with Us! • New Service Request Portal › Request Service › Report Issues (561) 657-3918 publicworks@lakeparkflorida.gov SCAN AND BOOKMARK ME! 73  A View From Tallahassee 2023 Legislative Review The Honorable Senator Bobby Powell Jr., AICP  The Florida Legislature HOUSE OF SENATE REPRESENTATIVES • 120 REPRESENTATIVES • 40 SENATORS • 35 DEMOCRATS • 12 DEMOCRATS • 84 REPUBLICANS • 28 REPUBLICANS • 1 VACANT SEAT - • UNLIMITED BILL SLOTS DISTRICT 24 • 7 BILL SLOTS  POWELL'S COMMITTEE ASSIGNMENTS • Appropriations Committee on Criminal and Civil Justice • Appropriations • Appropriations Committee on Transportation, Tourism, and Economic Development • Banking and Insurance • Criminal Justice • Environment and Natural Resources • Ethics and Elections • Select Committee on Resiliency • Joint Committee on Public Counsel Oversight • Joint Legislative Budget Commission  Senator Powell's Bills Introduced SB 286 Legal Instruments SB 430 Abandoned and Historic Cemeteries SB 678 Disposal of Property SB 836 Theft from Nonprofit Organizations SB 848 People of Iran SB 1606 Florida Museum of Black History SB 480 First-time Offender Plea Deal Pilot Program SB 632 Veterans’ Preference in Promotion SB 638 Juror Sanctions SB 808 Educator Certifications SB 878 Temporary Teacher Certifications SB 1222 Corporate Practice of Medicine SB 1462 Public Meetings/Commission on Public Safety in Urban and Inner-City Communities SB 1464 Commission on Public Safety in Urban and Inner-City Communities  Senator Powell's Bills Passed SB 430 Abandoned and Historic Cemeteries • The bill requires the Historic Cemeteries Program to research, identify, and record abandoned cemeteries, with an emphasis on abandoned African-American cemeteries. • When abandoned cemeteries are located, provide notification and guidance to relevant persons and assist with efforts to identify relatives and descendants, funeral directors, religious organizations, qualified nonprofit organizations, and property owners. • Assist constituents, descendant communities, state and federal agencies, local governments, and other stakeholders with inquiries relating to abandoned cemeteries.  Senator Powell's Bills Passed SB 482(amendment to SB1534) Pretrial Detention/Written threats) SB482 adds extortion and written threats to kill to the category of “dangerous crimes” for purposes of pre-trial detention. Dangerous crimes currently includes such offenses as kidnapping, murder, carjacking, and arson.  Senator Powell's Bills Passed SB 286 Legal Instruments Creates a definition in the online notarizations statute to clarify that “witness” as used in the act means the individual whose electronic signature is affixed to an electronic record. Clarifies the ability of a lender to obtain rental income from third party investors during foreclosure. Preserves the status of a superior liens in foreclosures.  Senator Powell's Bills Passed SB 678 Disposal of Property • This legislation amends Florida Statute 337.25 relating to disposal of property by the Department of Transportation. • SB678 provides that the use of public property for affordable housing qualifies as use for a public purpose in the context of the authorization of DOT to convey property without consideration to a governmental entity.  Senator Powell's Bills Passed SB 1606 Florida Museum of Black History • The bill creates the Florida Museum of Black History Task Force for the purpose of providing recommendations to the Department of State for the construction, operation, and administration of a Florida Museum of Black History. • The museum will be a multipurpose facility capable of generating self-sustaining revenues, with archival research and storage facilities, meeting rooms, full service banquet facilities, and a performing arts theatre. • The bill requires the Task Force to develop various plans of operation for the Black History Museum and to submit a report of its findings to the Governor and Legislature before July 1, 2024.  Senator Powell's Bills Passed SB 848 People of Iran SM848, is memorial which makes clear that the people of Florida stand with the People of Iran. And it urges Congress to take action in several ways: The United States is encouraged to stop all discussions on the Iran nuclear agreement, To continue to sanction members of the Islamic Republic of Iran and the Islamic Revolutionary Guard Corps, and, To continue to amplify the voices and the will of the people of Iran by maintaining Internet access so that Iranians may continue to expose the injustices of their daily lives.  Senator Powell's Bills Passed SB 838 Theft from Non-Profits SB 836 creates a new area of law reclassifying certain theft offenses of specified amounts from organizations qualified as charitable under s. 501(c) (3) of the Internal Revenue Code. If the funds, property, or item is valued at $50,000 or more, the offense would be classified as a felony in the first degree. If the value is $10,000 or more, but less than $50,000 the offense becomes a second degree felony. Anything valued at $300 or more, but less than $10,000 would face the offense of a third degree felony. Any individual convicted of stealing more than $1,000 from a qualified charitable organization will be required by the court to make restitution to the victim(s), as well as perform 500 hours of community service.  DISTRICT 24 APPROPRIATIONS • Cox Science Center and Aquarium Expansion- $5,000,000 • Palm Beach County - Lake Worth Lagoon Initiative- $2,861,804 • Regional Entrepreneurship Centers and Small Business Loan Fund - Broward County- $2,000,000 • YMCA of the Palm Beaches Community Center- $1,250,000 • 36th Street Bridge Rehabilitation Project West Palm Beach - $350,000 • Lake Park Septic to Sewer Conversion Project- $1,000,000 • Balanced Community Justice Project - $183,000 • Palm Springs EOC (Police Dept. Expansion/Hardening) - Palm Beach- $1,000,000 • Riviera Beach School Readiness Outreach Initiative - $218,000 • Riviera Beach Utility Special District Three Critical Lift Station Replacement- $1,000,000 • Financial Capabilities Counseling, Homeownership, and Residential Services -$1,000,000 • Addie Green Park Improvements – Town of Mangonia Park - $250,000 • Florida Atlantic University Max Planck Florida Scientific Fellows Program (MPFSFP) - $889,101 • Peanut Island Historic Restoration - Palm Beach County - $750,000 • Town of Mangonia Road Re-Paving Appropriations - $750,000 … AND MORE! APPROPRIATIONS FOR PALM BEACH COUNTY = $27,391,302  Major Session Issues  AFFORDABLE HOUSING: (SB 102) aimed at making housing more affordable for workers. The bill includes providing incentives for investments in affordable housing and encouraging mixed-use developments in commercial areas.  Major Session Issues  SCHOOL BOARDS: (HB477) Implements an eight year term limit on county school-board members.  Major Session Issues ELECTIONS: (SB 7050) places rd additional restrictions on 3 party voter-registration groups, eases campaign-finance reporting requirements and changes a “resign to run” law which helps clear the way for DeSantis to potentially run for president in 2024 without having to resign office.  Major Session Issues GUNS: (HB 543) does away with a decades-old licensing process and allows Floridians to carry guns without concealed-weapons licenses.  Major Session Issues IMMIGRATION: (SB 1718) steps up requirements on businesses to check the immigration status of workers, cracks down on people who bring undocumented immigrants into Florida and mandates that hospitals collect data about whether hospital patients are in the country legally.  Major Session Issues SCHOOL VOUCHERS: (HB 1) makes every student eligible for taxpayer-funded vouchers that can be used for private-school tuition and other expenses. The bill also ends income requirements in current voucher programs.  State of Florida 2023 Budget $117 Billion Dollars • $27.9 Billion - The Education Budget • $4.9 Billion - For the Department Of Environmental Protection • $3.7 Billion - For Hurricane Relief • $711 Million - For the Live Local Act • $400.7 Million - For Local Transportation Initiatives • $107.5 Million - For the Florida State Guard • $25 Million - For New College of Florida Operational Enhancement  Team Powell District Office: Tallahassee Office: 2715 N. Australian Ave. 404 South Monroe St. West Palm Beach, FL 33407 Tallahassee, FL 32399 Ph:(561)650-6880 Ph:(850)487-5030 Diane Andre, Esq. Malcolm Sommons II Michelle DeMarco (Tallahassee) Andre.Diane@flsenate.gov Demarco.Michelle@flsenate.gov Sommons.Malcolm@flsenate.gov Email: Powell.Bobby.Web@flsenate.gov Questions or Comments? Thank You!  EXHIBIT C Town of Lake Park Town Commission Agenda Request Form Meeting Date: June 7, 2023 Originating Department: Public Works Overview of the Proposed Road Closure and Maintenance of Agenda Title: Traffic Plan Associated with the Nautilus 220 Project. Approved by Town Manager: Bambi McKibbon-Turner, Acting Town Mgr.Date: Cost of Item: N/A Funding Source: N/A Finance N/A N/A Account Number: Signature: Advertised: N/A Date: N/A Newspaper: N/A 1. Agenda Request Form (ARF) Attachments: 2. Maps of Road Closure and Maintenance of Traffic Plan Please initial one: Yes, I have notified everyone Not applicable in this case Background\Summary Explanation: As part of their ongoing development activities for the Nautilus 220 project, Kast Contractors has submitted to the Town Public Works Department a Right-of-Way permit application along with its associated road closure map and maintenance of traffic (MOT) plan. This agenda item is intended to provide the Town Commission and other stakeholders with an overview of the plans associated with the contractor’s request. Proposed Schedule: 1. Phase 1 (noted in red area):  a. On Monday, June 05, 2023: Closure of Lake Shore Drive (both north and south bound lanes) on the east side of Nautilus 220 project site. b. This phase includes moving the project perimeter site fencing to the east edge of Lake Shore Drive (taking over Lake Shore Drive in its entirety) to facilitate on-going construction activities. c. With the fence relocation, the Marina parking/travel way will become a "one-way southbound only" road with southbound directional facing parking stalls. d. This will facilitate the installation of the stormwater manhole and remaining stormwater piping across Lake Shore Drive leading back to the project site. This closure condition will remain for the duration of the construction project. e. There will be south bound travel only through the adjacent Marina parking lot. (This will be "one-way south bound only".) f. The existing brick pedestrian promenade walkway will remain open to pedestrians and Marina patrons. 2. Phase 2 (noted in blue): a. On June 19, 2023: Close east bound lane of Cypress Drive (on north side of project site). b. Cypress Drive becomes a "one-way east bound" street utilizing the former westbound lane. c. This is necessary to facilitate the installation of underground FPL service lines running from US-1 to Lake Shore Drive. NOTE1: The Contractor is also investigating the possibility of installing at their expense a temporary bridge that would reopen the section of Lake Shore Drive that is currently closed. If the temporary bridge can be installed prior to the commencement of Phase 2, then the traffic pattern at Cypress Drive can be modified to remain west bound with east bound traffic utilizing the Date Palm Drive for east bound access to the Marina and adjacent condo buildings. NOTE 2: Additionally, if the temporary bridge is installed then at the completion of the FPL installation work the entire Cypress Drive will be closed for continued project utility work (except for access to the Dunkin Donuts location) NOTE 3: Temporary Bridge structural loads and installation methods are under review. Upon approval and acceptance KAST Construction will install and maintain the bridge at no cost to the Town. 3. Phase 3 (noted in black): a. On/About Mid-October 2023Phase 3 is a complete closure of Lake Shore Drive and the adjacent marina parking/travel lane. No north bound or south bound traffic along this corridor. b. The section of road and parking will remain closed for the duration of the construction project.  c. This will facilitate the completion of the off-site improvements along Lake Shore Drive and the marina parking and pedestrian walkway. Final Notes: • Kast Construction will submit Maintenance of Traffic Plan for all closure phases. • Kast Construction will submit engineering plans and engineer's opinion for temporary bridge installation. Recommended Motion: There is no motion associated with this Agenda item. For discussion only.  TOWN MANAGER COMMENTS EXHIBIT D TOWN COMMISSION MEETING Wednesday, June 7, 2023 COMMUNITY DEVELOPMENT Septic to Sewer Initiative for 42 properties in the Industrial Area – the next steps for the Septic to Sewer Initiative are moving forward and Engenuity is working with the individual properties to gather the necessary information for their survey and subsequent creation of plans. Park Avenue Downtown District (PADD) Expansion – Town Staff is working on expanding the downtown area further south along the east side of 10 th Street (between Evergreen Drive and Silver Beach Road). There has been significant interest from several property owners in this area to redevelop and create an entryway into the downtown from the south. Staff will be bringing forward a land use amendment, rezoning and some text amendments to the PADD in the coming months for Board and Commission consideration. 1100 2nd Court (the property we sold in November 2022) encountered issues with their original timetable, but intends on submitting their construction plans for their home reconstruction within the next couple of months, with completion sometime in later part 2024. The Town also agreed to assist with their outdoor storage in the backyard, which involved a beehive removal and pest control. These overall costs are forthcoming to the Town Commission since they exceed the Town Manager’s spending authority however, given their urgent nature, needed to move forward quickly. Final costs are anticipated to be ready sometime in July since the work is currently wrapping up. Brooklyn Cupcake on 10th Street received their final inspection yesterday (June 6, 2023). They are making some minor interior corrections and will announce their soft opening date very soon. Additional project updates will be provided at future meetings. Community Development Director, Nadia Di Tommaso, can be contacted at 561-881-3319 at any time with any questions related to ongoing construction projects. 1 HUMAN RESOURCES New Marina Director for the Lake Park Harbor Marina We are pleased to welcome to our staff Jason Tenney as our new Marina Director effective 5/22/2023. Mr. Tenney is a seasoned Marina Director with 18 years of professional marina management experience most recently at Loggerhead Marina in Lantana, Florida, where from November 2019 until March of this year he managed all aspects of marina management including staffing, budgeting, financial planning, facility maintenance, record keeping, and compliance with all local and state regulations. Prior to that, Mr. Tenney managed several marinas including Miami Beach Marina; The Club at Admirals Cove in Jupiter, Florida; and, Loblolly Marina in Hobe Sound, Florida. He has a Bachelor’s Degree from Florida Atlantic University and has a 100 ton Master US Coast Guard Captain’s License. Job Openings: The following positions are currently being advertised:  Irrigation Technician – Pay range $17.01 to $26.37 per hour. Deadline for receipt of applications is 5:00 p.m. on June 9, 2023  Sanitation Truck Operator I – Pay range $15.90 to $24.65 per hour. Deadline for receipt of applications is 5:00 p.m. on June 9, 2023  Stormwater Technician II – Pay range $18.21 to $28.22 per hour. Deadline for receipt of applications is 5:00 p.m. on June 9, 2023.  Sanitation Truck Operator II – Pay range $18.21 to $28.22 per hour. Deadline for receipt of applications is 5:00 p.m. on June 15, 2023  Senior Accountant – Salary range $49,638.40 to $76,939.52 per year. Deadline for receipt of applications is 5:00 p.m. on June 16, 2023 To view the complete job postings for the above positions or to download an employment application, please visit the Town’s official website at www.lakeparkflorida.gov. For additional information please contact the Town’s Human Resources Department at 561- 881-3300 Option 8. PUBLIC WORKS 1. On the evening of May 18, 2023, the Town hosted a Follow-Up Meeting to discuss the Stormwater Utility. During the meeting, Town Staff presented the findings and recommendations from the recent Rate Study, highlighted various initiatives the 2  Town is undertaking and proposing to improve the structural condition and effectiveness of the drainage system, its operational fleet, and more. A total of 3,687 invitations were sent in three languages to all Town properties regarding this event and though the event was not well-attended, the Town will continue to engage the public regarding this and other projects in an effort to work collaboratively to improve our community. 2. The Town will host a Follow-Up Meeting to discuss the Solid Waste or Sanitation Utility Rate Study. This event is scheduled for tomorrow, Thursday, June 8, 2023, from 6:00 p.m. to 8:00 p.m., in the Town Hall Commission Chambers. All stakeholders are invited to join us as we present information regarding the state of the sanitation utility and the findings and recommendations resulting from the study. Over 3,600 invitations to this event were sent to all Town properties. Additional information is available on our website or by contacting the Public Works Department at -561-881-3345 or publicworks@lakeparkflorida.gov. 3. Seeking Town Commission consensus to schedule a Special Call CRA Meeting on Wednesday, June 21, 2023, for the purpose of awarding a contract to construct a pocket park on 7th Street and for other matters. SPECIAL EVENTS Sunset Celebration Sunset Celebration will be held on Friday, June 30 from 6:00 p.m. – 9:00 p.m. at the Lake Park Harbor Marina. This month’s event will feature live entertainment from Prato Band! There will be a full bar, happy hour prices, and a variety of food and craft vendors. For more information, contact the Special Events Department at 561-840-0160. Centennial Photo Exhibit Stop by the Lake Park Public Library to view the Town’s historical photo exhibit in honor of Lake Park’s 100th anniversary. The exhibit will be on display until the end of the year. For more information, contact the Special Events Department at 561-840-0160. AUDIT REVIEW COMMITTEE The current audit services expire after the Fiscal Year 2022 audit is completed and the own is starting the process of procuring new audit service. As part of this process the Town Manager is requesting the Commission to identify one volunteer member of the Commission to be part of an audit committee to help select the next audit services contract vendor. 3 P3 COMPREHENSIVE AGREEMENT As we have reported to the Commission previously, staff has been working very hard with the Forest Development Team in order to bring forward the P3 Comprehensive Agreement to the Town Commission. I am seeking consensus to schedule a workshop on June 21, 2023, immediately prior to the Regular Commission meeting, for the purpose of having the Town Attorney present the P3 Comprehensive Agreement in a workshop setting so that any issues can be resolved prior to an actual vote on the agreement. 4