Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Wednesday, July 05, 2023 at 6:30 PM Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 Roger Michaud — Mayor Kimberly Glas-Castro — Vice-Mayor John Linden — Commissioner Mary Beth Taylor — Commissioner Judith Thomas — Commissioner Bambi McKibbon-Turner — HR Director/Assistant Town Manager Brett Langley, 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 7:12 P.M. PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner John Linden Commissioner Mary-Beth Taylor Commissioner Judith Thomas PLEDGE OF ALLEGIANCE Assistant Town Manager/Human Resources Director Bambi Turner led the pledge. SPECIAL PRESENTATION/REPORT: NONE Regular Commission Meeting July 05, 2023 Page 1 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. Bonnie Hammer expressed concerns regarding the Sanitation Department policy regarding green waste, costs comparisons for trash pickup and Federal composting regulations. Motion was made to add an agenda item under New Business for the Summer Bash Fundraiser Funding Request from the Special Call Community Redevelopment Agency agenda by Vice- Mayor Glas-Castro, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Commissioner Linden, Commissioner Taylor 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 to approve consent agenda items 1-3 made by Commissioner Thomas Second by Vice-Mayor Glas-Castro Voting Yea: Mayor Michaud, Commissioner Linden, Commissioner Taylor 1. June 21, 2023 Regular Commission Meeting Minutes 2. P3 Comprehensive Agreement Workshop Minutes 3. Resolution 45-07-23 Authorizing and Directing the Mayor to Execute an Agreement with Janice M. Riley, Inc., d/b/a The Paving Lady, for the Provision of Maintenance and Repair Services for Town Streets, Roads, and Facilities. PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: NONE PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: NONE NEW BUSINESS: 4. Resolution 46-07-23 Nautilus 220 Greenway Easement Execution Town Planner Anders Viane explained the item (Exhibit A). Commissioner Thomas asked who will be responsible for maintenance. Town Planner Viane stated that the developer will be responsible. Motion made to approve Resolution 46-07-23 by Commissioner Linden. Second by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Thomas 5. Setting the Current Year Proposed Millage Rate, and Restating the Date, Time, and Location for the First Public Budget Hearing Finance Director Jeffrey Duvall explained the item (Exhibit B). Vice-Mayor Glas-Castro asked what the tax valuation increase was this year. Finance Director Duvall stated it was 13.5%. Motion made to set the current year proposed maximum millage rate at 5.3474 mills and restating the First Public Hearing date to be Tuesday, September 5, 2023 at 6:30 P.M. located in the Commission Chamber, Town Hall by Vice-Mayor Glas-Castro. Second by Commissioner Linden. Discussion ensued. Vice-Mayor Glas-Castro stated that the maximum millage rate would need to be compared with services to determine if the millage rate is appropriate. Commissioner Taylor spoke about the solid waste fund and Finance Director Duvall provided clarification on the fund. Commissioner Taylor expressed a desire to reduce the rate by a small amount. Finance Director Duvall explained that those determinations could be made at the budget workshop meeting. Mayor Michaud asked about the $3000 loan. Finance Director Duvall stated that this was prior to his employment with the Town. Mayor Michaud agreed to bring this up at the budget workshop. Regular Commission Meeting July 05, 2023 Page 3  Commissioner Thomas asked to clarify that they are deciding the maximum millage rate and to state the date of the First Public Workshop on the budget. Finance Director Duvall stated that the date had been previously decided. Voting Yea: Mayor Michaud, Commissioner Taylor, Commissioner Thomas 6. Discuss Gravel Driveways Assistant Town Manager/Human Resources Director McKibbon-Turner explained the item. She stated that the Community Development Director has indicated that they are not moving forward with the code enforcement process of gravel driveways at this time. She asked if the Commission was receptive to having the Town Attorney bring forth an ordinance establishing a moratorium to allow staff the opportunity to put together an alternative. Vice-Mayor Glas- Castro stated she does not have an issue with gravel driveways, but there needs to be a distinction between the driveway and the front lawn. Mayor Michaud agreed. Commissioner Linden is in favor of a moratorium but is concerned with non-gravel driveways. Assistant Town Manager/Human Resources Director McKibbon-Turner clarified that the moratorium would only apply to gravel driveways. Mayor Michaud stated that the details would need to be discussed. He asked for a consensus on the moratorium. Commissioner Thomas clarified the language of the moratorium should be stated include “residential driveways”. Commissioner Taylor agreed with the inclusion of all driveways and she read some communications she had received from residents regarding their gravel driveways. Mayor Michaud asked for a consensus on the moratorium of code enforcement of driveways. Commissioner Thomas wanted to clarify that the moratorium would not include permits for new driveways or changes to driveways. Town Attorney Langley advised the Commission to allow for more time to research the details. Assistant Town Manager/Human Resources Director McKibbon-Turner stated that the Community Development Director has ceased issuance of violations until the language is developed by the Commission. Commissioner Taylor would like to see minimum standards set for existing gravel driveways. Commissioner Linden asked Town Attorney Langley for proper language that would not prevent someone from building or updating a driveway. Mayor Michaud stated the moratorium would only cover the enforcement of the code, not for new or updated driveways. Assistant Town Manager/Human Resources Director McKibbon-Turner agreed with this statement and the attorney clarified this to be correct. Mayor Michaud agreed that a timetable should be set.  Public Comment: James Sullivan commented on his experience with driveways and his preferred driveways. Commissioner Thomas expressed concern about the weeds that will grow as a result of an enforcement moratorium. She wants to be able to give staff direction for specific details. Assistant Town Manager/Human Resources Director McKibbon-Turner stated that the ordinance would need to come back before the Commission, allowing them the opportunity to discuss further. Commissioner Thomas re-stated the process of creating and approving the ordinance for her own clarification. Commissioner Taylor suggested a letter be sent to residents explaining the issue in the hopes that some residents will begin correcting their own driveway issues. Assistant Town Manager/Human Resources Director McKibbon-Turner agreed with this request and she confirmed that the moratorium would cover all residential driveways, not just gravel driveways. Conesus was reached on this item. 7. Summer Bash Fundraiser Funding Request. Assistant Town Manager/Human Resources Director McKibbon-Turner stated that this item is coming before the Commission due to State Statues prohibiting CRA funds being used for this type of event. Motion to approve this item made by Vice-Mayor Glas-Castro Second by Commissioner Linden Voting Yea: Mayor Michaud, Commissioner Thomas, Commissioner Taylor 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 Langley had no comments. Assistant Town Manager/HR Director McKibbon-Turner provided comments (Exhibit C). She reminded the Commission about the need for an upcoming P3 Comprehensive Agreement Meeting. The Commission agreed to hold the meeting on July 19, 2023 at 6pm directly prior to the Regular Commission Meeting. She was also seeking consensus for a Proclamation to declare Wednesday, July 19, 2023 as the 12th Annual KidsFit Jamathon. The Commission provided consensus for this item. Regular Commission Meeting July 05, 2023 Page 5 Assistant Town Manager/Human Resources Director McKibbon-Turner requested consensus for a Proclamation to declare August 2023 as Water Professionals Month. The Commission reached a consensus on this item as well. Commissioner Linden spoke about the Lake Park Innovation Center having their grand opening this Saturday from 10am to 12pm. Commissioner Taylor asked what the proper procedure was for requesting future agenda items. Assistant Town Manager/Human Resources Director McKibbon-Turner explained that an item would need to be requested during a Commission meeting for placement on a future agenda. Vice-Mayor Glas-Castro announced that this Friday is the Community bike ride at 6pm. She also asked if there were any details available for the chili cook-off. Special Events Director Riunite Franks advised that an invitation would be going out shortly. She stated that the Committee decided to have attendees serve as the judges for the cook-off. Mayor Michaud is looking forward to The Florida League of Cities Policy Committee Meeting. REQUEST FOR FUTURE AGENDA ITEMS: Commissioner Thomas requested to have a tree dedication in Blakely Park in December for a deceased neighbor. ADJOURNMENT: Motion to adjourn made by Commissioner Thomas Second by Vice-Mayor Glas-Castro Voting Yea: Mayor Michaud, Commissioner Linden, Commissioner Taylor Meeting adjourned 8:16 pm FUTURE MEETING DATE: Next Scheduled Regular Commission Meeting will be held on July 19, 2023  Town of Lake Park Town Commission Agenda Request Form Exhibit A Meeting Date: July 5, 2023 Agenda Item No. Agenda Title: Greenway Easement Execution [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [ ] OLD BUSINESS [ ] ORDINANCE [X] NEW BUSINESS – RESOLUTION [ ] OTHER John Digitally signed by John D'Agostino DN: cn=John D'Agostino, o=Town of Lake Park, ou=Town Manager, D'Agostino email=jdagostino@lakeparkflorida.go Approved by Town Manager _______________________ Date: ________________ v, c=US Date: 2023.06.22 15:21:54 -04'00' Anders Viane - Planner Name/Title Originating Department: Costs: $ Legal Review Attachments: Funding Source:  Greenway Easement Community Development Agreement Acct.  Resolution 97-12-19 [ ] Finance ________________  Resolution __-23 and Exhibits Yes I have notified everyone Advertised: All parties that have an interest in or Date: N/A this agenda item must be notified Not applicable in this case_AV Paper: of meeting date and time. The [ ] Not Required following box must be filled out to Please initial one. be on agenda. Summary Explanation/Background: This item is being brought forward to receive the Mayor’s signature to validate and execute the greenway easement agreement that was conditioned to be provided by Nautilus 220 as part of their original development order. Condition 13 of Resolution 97- 12-19 (attached for reference) required Nautilus 220 to dedicate publicly-accessible greenway easements to the Town of Lake Park; these easements were originally envisioned by the Federal Highway Mixed Use District Overlay and Mixed Use District zoning codes to provide dedicated pedestrian corridors offering shade, aesthetic beauty, and uniform pedestrian convenience throughout Federal Highway as it redevelops. The associated landscaping and sidewalk improvements have already been designed as part of the Nautilus 220 development and were approved with their site plan and subsequent amendments; the execution of the greenway easement agreement formalizes these improvements’ status as dedicated public pedestrian corridors. The easements are generally located along the east and west perimeters of the Nautilus property along Federal Highway and Lake Shore Drive; they are more specifically described under Exhibits A - C of the attached Greenway Easement Agreement document. Per the language of Condition 13 of Resolution 97-12-19, the Town Attorney has reviewed and approved the content of the greenway easement agreement. Staff recommends approval of this resolution, granting the Mayor authority to execute the agreement. Once approval is granted, the greenway easement will be conveyed to the Nautilus 220 team for recordation. A copy will be retained for Town records. Recommended Motion: I move to “APPROVE” Resolution __-23.  Exhibit B Town of Lake Park Town Commission Agenda Request Form Meeting Date: July 5, 2023 Agenda Item No. Agenda Title: Setting the Current Year Proposed Millage Rate, and Restating the Date, Time, and Location for the First Public Budget Hearing. [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [ ] OLD BUSINESS [ ] PUBLIC HEARING ORDINANCE ON FIRST READING [X] NEW BUSINESS [ ] OTHER: Digitally signed by John D'Agostino Approved by Town Manager John D'Agostino DN: cn=John D'Agostino, o=Town of Lake Park, _______________________ Date: _______________ ou=Town Manager, email=jdagostino@lakeparkflorida.gov, c=US Date: 2023.06.29 11:45:59 -04'00' Originating Department: Costs: $ 0.00 Attachments: Funding Source: Finance Department Acct. # Jeffrey P. Digitally signed by Jeffrey P. Duvall DN: cn=Jeffrey P. Duvall, o, ou, email=jduvall@lakeparkflorida.gov, Duvall [ ] Finance ________________ c=US Date: 2023.06.27 11:55:30 -04'00' All parties that have an interest Yes I have notified Advertised: everyone_______ in this agenda item must be Date: _____________ notified of meeting date and or Paper: ____________ time. The following box must Not applicable in this case JPD [X] Not Required be filled out to be on agenda. Please initial one. Summary Explanation/Background: Florida Statute requires each municipality to establish a “Current Year Proposed Operating Millage Rate”. This millage rate is the highest rate that could be enacted at the budget hearings without the municipality having to send a separate mailing to each resident. Florida Statute also requires each municipality to set by motion the date, time and place of the first public budget hearing. Recommended Motion: I move that we set the current proposed millage rate at 5.3474 mills, and that we are restating that the date, time and place for the first public budget hearing is set for September 5, 2023, at 6:30pm, here in the Town Commission Chambers.  Town of Lake Park Schedule of AdValorem Millage Rates ROLLED-BACK RATE MILLAGE RATE OF 5.2 CURRENT MILLAGE RATE 1,030,446,001 2023/24 Taxable Value 1,030,446,001 2023/24 Taxable Value 1,030,446,001 2023/24 Taxable Value 1,000 1000 1,000 4.7702 Millage 5.2000 Millage 5.3474 Millage 95.0% 95% 95.0% 4,669,662 5,090,403 5,234,697 (1,274,248) 1,274,248 CRA (1,340,807) 1,340,807 CRA (1,363,634) 1,363,634 CRA 3,395,414 3,395,414 General Fund 3,749,596 3,749,596 General Fund 3,871,063 3,871,063 General Fund MILLAGE RATE OF 4.9 MILLAGE RATE OF 5.3 1,030,446,001 2023/24 Taxable Value 1,030,446,001 2023/24 Taxable Value 1,000 1000 4.9000 Millage 5.3000 Millage 95.0% 95% 4,796,726 5,188,296 Decrease in Revenue (1,294,349) 1,294,349 CRA (1,356,293) 1,356,293 CRA 3,502,377 3,502,377 General Fund 3,832,003 3,832,003 General Fund Millage Rate General Fund CRA MILLAGE RATE OF 5 MILLAGE RATE OF 5.325 5.3474 - - 5.3250 18,459 3,469 1,030,446,001 2023/24 Taxable Value 1,030,446,001 2023/24 Taxable Value 5.3000 39,060 7,341 1,000 1000 5.2000 121,467 22,827 5.0000 Millage 5.3250 Millage 5.1000 203,873 38,313 95.0% 95% 5.0000 286,279 53,799 4,894,619 5,212,769 4.9000 368,686 69,285 (1,309,835) 1,309,835 CRA (1,360,165) 1,360,165 CRA 4.7702 475,649 89,386 3,584,784 3,584,784 General Fund 3,852,604 3,852,604 General Fund (Rolled Back Rate) MILLAGE RATE OF 5.1 1,030,446,001 2023/24 Taxable Value 1000 5.1000 Millage 95% 4,992,511 (1,325,321) 1,325,321 CRA 3,667,190 3,667,190 General Fund Exhibit C