Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Wednesday, November 01, 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 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 6:22 P.M. PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner John Linden Commissioner Mary-Beth Taylor Commissioner Judith Thomas PLEDGE OF ALLEGIANCE During the P3 Workshop Regular Commission Meeting November 01, 2023 Page 1 SPECIAL PRESENTATION/REPORT: 1. Presentation by Engenuity on the Final Survey, Design and Construction Plans Associated with the Septic to Sewer Project. Town Manager D'Agostino introduced the item and Adam Swaney of Engenuity Group presented to the Commission (see Exhibit "A"). Commissioner Linden asked about funding and who would be paying what. Mr. Swaney replied that they do not have an answer at this point. Commissioner Thomas asked about the anticipated start time for construction. Mr. Swaney replied that they would just need to get through the permit process which could be three to six months. Commissioner Thomas asked if the Town had looked at any additional grant funding. Town Manager D’Agostino replied that the only funding the Town has is the legislative appropriation of $750,000 but the Town will be looking for grant money. Vice-Mayor Glas-Castro asked if Seacoast will be providing any of the financing. Town Manager D’Agostino stated that Seacoast does not normally finance projects. 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 had no comments. Town Manager D’Agostino provided his comments via Exhibit B. The Town Commission reached consensus on behalf of constituent Ashley Bedford of Longwood Florida to send a letter to Senator Powell and Representative Evans, in support of Florida Senate Bill 172-Verification of Eligibility of Homestead Exemption. Commissioner Taylor spoke about the conference in St Augustine and how it was very informational and inspiring. Commissioner Linden spoke about Halloween being a successful time for the Free Little Library. He asked if any Commission Members plan on attending the Veteran’s Day Parade on Sunday. Vice-Mayor Glas-Castro and Mayor Michaud both confirmed they will be present alongside Commissioner Linden. Vice-Mayor Glas-Castro enjoyed the conference last week. Mayor Michaud spoke about the Halloween tradition of handing out candy in the Town and witnessed the Town coming together more and more. He also agreed that the conference was a good experience. The Mayor recognized the Vice-Mayor for receiving her Florida Redevelopment Association (FRA) designation. Commissioner Thomas spoke about a new business in Town, Dr. Joseph and Dr. Karina Taylor introduced themselves as owners, operators of Renewed Wellness, Chiropractic & Wellness Facility located at 330 Federal Highway which is their 2nd location. The grand opening will be on November 9th at noon. They are passionate about promoting health and affecting children’s lives. Commissioner Thomas spoke about Halloween and would like to see a costume contest in Town next year. She also spoke about the FRA conference and a couple who attended who had impacted her life. She stated that the conference was very informative. Commissioner Thomas wanted to state for the record that Mayor Michaud’s daughter had spoken very highly of her father. 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 Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Linden, Commissioner Taylor, Commissioner Thomas. 2. October 18, 2023 Regular Commission Meeting Minutes 3. Resolution 86-11-23 Authorizing the Mayor to Sign the Library’s Annual Plan of Service. 4. Resolution 89-11-23 Designating Funds Received by the Town from the Palm Beach County Discretionary Surtax Project Fund Budget for use as part of a Florida Commerce Community Development Block Grant Mitigation Program Associated with the Southern Outfall Stormwater Infrastructure Retrofit Project. 5. Resolution 88-11-23 Renaming Lake Shore Park Discussion Regular Commission Meeting November 01, 2023 Page 3 BOARD MEMBER NOMINATION: 6. Tree Board Membership Nomination Mr. Brady Drew thanked the Commission and provided a summary of the Tree Board’s accomplishments and voiced a desire for more projects. Motion made to appoint Brady Drew to the Tree Board by Commissioner Taylor, Seconded by Commissioner Linden. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Linden, Commissioner Taylor, Commissioner Thomas QUASI-JUDICIAL PUBLIC HEARING (RESOLUTION): 7. Resolution 87-11-23 Empire Landscape Site Plan Application Commissioner Linden had no Ex parte communication. Commissioner Taylor had no Ex Parte communication. Mayor Michaud had no Ex Parte communication. Vice-Mayor Glas-Castro had no Ex Parte communication. Commissioner Thomas had no Ex Parte communication. Town Attorney Baird swore in all witnesses. Town Planner Anders Viane provided a presentation (Exhibit C). Mr. Dustin Leserra, Executive Director of Empire Landscape spoke briefly to the Commission about the site plan. Commissioner Thomas asked what type of vehicles would be stored at the facility. Mr. Laserra advised that it would be trucks and trailers. Motion made to approve Resolution 87-11-23 by Commissioner Taylor, Seconded by Commissioner Linden. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Linden, Commissioner Taylor, Commissioner Thomas. PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: 8. Ordinance 10-2023 Parking Space Dimensional Amendments AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 78, ARTICLE V, SECTION 78-142, TO REDUCE THE PARKING DIMENSIONS FOR 90-DEGREE PARKING SPACES; PROVIDING FOR THE CREATION OF A NEW PARKING CATEGORY FOR COMPACT PARKING SPACES; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager D’Agostino explained the item. Town Planner Viane added additional information about the creation of a new compact car parking code. Commissioner Linden asked if this design was for surface or parking garages. Town Planner Viane explained it would be for both. Commissioner Linden expressed concern regarding the additional weight of compact vehicles being a detriment to the parking building. Commissioner Thomas asked about future site plan amendments to allow for these parking space changes. Town Planner Viane explained that this could possibly be done via building permit amendment. Commissioner Thomas is not totally comfortable with smaller parking spaces due to the current trend towards larger vehicles. Vice-Mayor Glas-Castro agrees with this and is concerned with the amount of spaces proposed. Commissioner Thomas asked what other municipalities percentages were for allowance of compact vehicle parking spaces. Town Planner Viane stated that approximately 20% would be the average allowance. Mayor Michaud agrees that 25% is too much of an allowance. Town Manager D’Agostino stated that this item will be adjusted and brought back to the Commission at a later date. PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: 9. Ordinance 09-2023 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING ARTICLES I, II, IV AND V OF CHAPTER 24, OF THE TOWN’S CODE OF ORDINANCES PERTAINING TO SOLID WASTE; PROVIDING FOR AMENDMENTS TO THE DEFINITIONS, GENERAL TEXT, AND CERTAIN PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Regular Commission Meeting November 01, 2023 Page 5  Town Manager D’Agostino explained the item which will result in usage and rate changes for smaller multi-unit properties in regards to solid waste. Mayor Michaud clarified that these properties would be able to reduce these costs by increasing recycling and/or reducing the size of the solid waste containers currently being used. Town Manager D’Agostino stated that this advisory information was sent to these property owners along with a letter and no responses were received. Commissioner Linden does not support this because it is a deterrent to the renter and he would like to see the item revised to consider the perspective of the resident. Public Works Director Roberto Travieso advised that this discussion has nothing to do with this Ordinance. Commissioner Thomas is ok with the Ordinance but would like to go on record to say “Our community as a whole, we need to start advocating ways that we can conserve and how we are disposing our debris and trash”. Motion made to approve Ordinance 09-2023 by Vice-Mayor Glas-Castro, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. Voting Nay: Commissioner Linden Town Attorney Baird read the Ordinance by title only. NEW BUSINESS: 10. Resolution 90-11-23 Proposed Partnership With Palm Beach Shores To Execute Its Lake Worth Inlet/Singer Island Channel Dredging Project. Town Manager D’Agostino introduced the Town of Palm Beach Shores Mayor Alan Fiers. Mayor Fiers presented to the Commission (see exhibit D). Vice-Mayor Glas-Castro asked what happens if the Governor doesn’t come through. Mayor Fiers stated that the project dies at that point. Vice-Mayor Glas-Castro asked if the project could be done in phases. Mayor Fiers stated that phased construction doesn’t make sense for this project due to costs. Vice-Mayor Glas-Castro asked how long the dredge material can be stored on Peanut Island. Mayor Fiers stated possibly 1 or 2 months. Town Manager D’Agostino stated that this project will benefit the Town because of future projects such as the  seawall that will need to be raised and the Town can utilize the fill material from this project for the seawall and low spots at the marina. Mayor Michaud asked about a separate area in the presentation (green area). Mayor Fiers explained that the fight to include the green area in the project would be too difficult due to various governmental entities involvement. Motion to approve Resolution 90-11-23 made by Commissioner Taylor. Seconded by Commissioner Linden Voting Aye: All REQUEST FOR FUTURE AGENDA ITEMS: Town Manager D’Agostino advised that there will be a future agenda item for the use of the 800 Park Avenue building. Commissioner Thomas asked about the status of the sidewalks. Public Works Director Travieso explained that this information had already been provided to the Town Manager. Commissioner Thomas and Mayor Michaud wished Public Works Director Travieso future success. Town Manager D’Agostino expressed gratitude for his contribution to the Town. Mayor Michaud advised that tax bills came out today. He also recognized a co-worker of his who is now an official resident of the Town. ADJOURNMENT: Meeting adjourned at 8:38pm FUTURE MEETING DATE: Next Scheduled Regular Commission Meeting will be held on November 15, 2023 Regular Commission Meeting November 01, 2023 Page 7  Exhibit A Town of Lake Park Commission Meeting November 1, 2023 OLD DIXIE SEPTIC TO SEWER PRESENTED BY: ENGENUITY GROUP INC 1280 N Congress Ave, Suite 101 West Palm Beach, FL 33409 T: 561-655-1151 Job#: 18187.27  SEACOAST UTILITY AUTHORITY (SUA)  The SUA Lift Station location for the industrial area finalized.  Preliminary design discussed and verbal approval by SUA.  Existing and proposed easements for entirety of the project have been identified.  CURRENT SITUATION  Septic tank locations and sanitary laterals have been provided on the final plans based on the best available information for each of the 42 properties.  An easement has been added for the future development of the 1306 Silver Beach Industrial property for connection to the proposed Lift Station.  SUA has expressed interest in replacing the asbestos cement watermain. COST SUMMARY: FINAL OPINION OF COST  SUMMARY/ RECOMMENDATION • Begin contacting property owners regarding easements now that plans are complete. • The project has now reached the permitting phase. Agencies requiring permitting for the project include Palm Beach County (PBC) Engineering, SUA, the PBC Health Department, and the Town of Lake Park.  NEXT STEPS  Complete the construction plans and begin the permitting phase of the project. COMPLETED  Engage a financial management consulting firm to discuss funding options for both private and public properties TOWN TO CONTINUE PURSUING  Continue to coordinate with Seacoast Utilities to monitor any utility changes, cost changes, and design needs ONGOING  Have a funding plan in place to ultimately bid out the project for construction ONGOING  ANY QUESTIONS? 561.655.1151 | 1280 N Congress Ave. #101, West Palm Beach, FL 33409 Exhibit B  Exhibit C . TOWN LAKE OF PARK PLANNING & ZONING BOARD STAFF REPORT MEETING DATE: November 1, 2023 APPLICATION: Empire Landscaping SUMMARY OF APPLICANT’S REQUEST: Empire Landscaping (“Property Owner” and “Applicant”) is requesting site plan approval for a one-story, 2,112 SF office/warehouse building. The proposed development is consistent with the Town of Lake Park’s adopted regulations for the CLIC-1 District. The Subject Property is located south of Watertower Road along 13th Street in the Town of Lake Park as denoted in the location map. It is comprised of the following parcel, which totals 0.33 acres:  Parcel 1 – PCN: 36434220000007400 BACKGROUND: Owner & Applicant(s): Empire Landscape Agent and Consultant: James Leserra, Empire Landscaping Location: 36434220000007400 (No Address) Net Acreage (total): 0.333 acres Legal Description: See survey enclosed in packet. Existing Zoning: CLIC-1 Future Land Use: Light Industrial and Commercial Figure 1: Aerial View of Site (image not to scale; for visual purposes only) 2  LAKE PARK ZONING MAP Subject Site Adjacent Zoning: North: CLIC-1 South: CLIC-1 East: CLIC-1 West: CLIC-1 3  LAKE PARK FUTURE LAND USE MAP Subject Site Adjacent Existing Land Use North: Commercial and Light Industrial South: Commercial and Light Industrial East: Commercial and Light Industrial West: Commercial and Light Industrial 4  PART I: SITE PLAN APPLICATION The site plan application for Empire Landscape has been reviewed by the Town’s consulting Engineers, Landscape Architect, Palm Beach County Fire Rescue, Seacoast Utility Authority, Palm Beach County Sheriff’s Office (PBSO) for Crime Prevention Through Environmental Design (CPTED), Lake Park Public Works Staff, and Lake Park Community Development Department Staff. Based on these reviews, the project substantially complies with our Land Development Regulations and Comprehensive Plan. **This project has been noticed by certified mail to property owners within 300 feet on 8/30/23 and advertised in the Palm Beach Post on Friday 9/1/23 ** SITE PLAN PROJECT DETAILS Comprehensive Plan: The proposal is consistent with the goals, objectives and policies of the Town’s Comprehensive Plan, including:  3.4.2 Objectives and Policies, Policy 1.5: The Town shall encourage development and redevelopment activities which will substantially increase the tax base while minimizing negative impacts on natural and historic resources, existing neighborhoods and development and adopted Levels of Service (LOS) standards. This development project activates a vacant parcel along 13th Street, bringing in a new business while not producing any harmful impacts to neighboring districts and adopted Levels of Service.  Future Land Use (FLU) Classification System 3.4.3: Lands and structures devoted to light industrial uses with pollutants controlled on site, warehouses, commercial, wholesale establishments, and limited small scale commercial uses that are supportive of workers in the area such as convenience stores and restaurants and that can be carried on unobtrusively, with a maximum F.A.R. of 2.0. The current proposal is consistent with the definitional requirement for lands in the Commercial and Light Industrial FLU designation and consistent with the required Floor Area Ratio (FAR) by providing an FAR of 0.14.  Future Land Use Element, Policy 5.2: The Town shall foster the redevelopment of declining neighborhoods, underutilized parcels, and areas that demonstrate substandard and/or slum and blight conditions. The proposed development will redevelop a currently underutilized (vacant) parcel per the requirements of the Comprehensive Plan. 5 Zoning: The proposed project is consistent with the requirements of the CLIC-1 Business District, including use, parking, building height, and building site area. The project also complies with the supplemental regulations of the general code, which will be further discussed as applicable in the sections below. Of note, this project is applying for two administrative waivers specific to sites under one acre. The first waiver is for the building setback to reduce the front yard setback from 25’ to 20’. This is allowable with the 20% reduction to setbacks that can be applied. The second requested waiver is for landscape buffer widths; instead of the standard 8’ landscape buffers, the applicant is proposing to utilize the 20% reduction allowance to provide 6’4” buffers instead. Both alternative proposals fall within the allowances of the administrative waivers for sites under one acre and staff supports their application to this project given the site’s inherent constraints. Architecture: The project is generally compliant with the Town’s standards for nonresidential architectural design detailed under Chapter 78, Article XII. The proposal meets the standards set forth for building articulation, material variation, and decorative features. Two outstanding elements pertaining to architecture that were not addressed during site plan review are ensuring secondary color percentages are no greater than 25% per wall and ensuring features of interest account for 60% of the front and side facades. These outstanding items are anticipated to be remedied prior to Town Commission scheduling, otherwise they will be conditioned on the approving Resolution. At the Planning and Zoning Board meeting, Chair Ahrens noted concerns with the architectural elevation plan, including identifying the material types on the elevation plan sheets, the type of roof and whether its fasteners would be visible, and the location of downspouts and gutters. Additionally, planning staff noted deficiencies in identifying the proposed paint color percentages and the proposed percentage of fenestration and other features of interest as defined under Section 78-336 (4) that were still not identified as compliant going into the P and Z meeting. As of the 10/18/23 revision to the architecture plans, all these concerns have been addressed with Planning staff satisfied with the additional paint percentage and façade detail percentages and the Building Official noting no concerns with the constructability of the proposed architectural elevations. Building Site: The total impervious area for the project is 9,398 SF and the pervious area is 2,990 SF. The development proposal consists of a one story 2,112 SF office warehouse building. This structure will serve as storage and the main offices for the Empire Landscaping company. 6 Traffic Concurrency: O’Rourke Engineering has reviewed the proposed traffic generated for this project as well as internal circulation within the site and recommended approval 8/28/23. Palm Beach County TPS approval for this project was issued on 7/5/23. Landscaping: The proposed landscaping plans have been deemed code compliant by the Town’s consulting Landscape Architect (JMorton) as of 8/28/23. At the Planning and Zoning Board meeting, Chair Ahrens noted concerns with a conflict between the lighting placement and landscaping. Subsequently, the applicant has modified their landscape placement to alleviate any possible conflict; the Town’s consulting Landscape Architect reviewed the revised design and approved 10/20/23. Paving, Grading and Drainage: The Town’s consulting Engineers reviewed and approved the civil plans for this proposal on 8/24/23. Likewise the Town Stormwater Division approved the project on 8/29/23. At the Planning and Zoning Board Meeting, Chair Ahrens noted concerns with proposed grades and ADA accessibility. To address these issues, the applicant has added notes clarifying that the pedestrian gate proposed along 13th Street will be accessible and vehicular gates are to remain open during business hours. The applicant also added additional grading information to their civil plans, which were reviewed again by the Town’s Civil reviewer and approved 10/20/23. Signage: Signage will be subject to permit review and approval pursuant to the sign code when permits are applied for. Water/Sewer: Seacoast Utility Authority reviewed these plans for compliance with their best practices and provided final approval on 8/24/23. Fire: PBC Fire Rescue reviewed the site plan and found it to be in compliance with PBC Fire Rescue best practices on 8/28/23. An additional round of fire review will be conducted during the building permit phase, which is standard procedure. PBSO: The Crime Prevention Through Environmental Design (CPTED) review was performed by D/S Adam Pozsonyi at the Palm Beach County Sheriff’s Office and the proposal was found to be complaint with best-practice principles for CPTED on 8/25/23. PART II: STAFF RECOMMENDATION Staff recommends APPROVAL of the Site Plan for Empire Landscaping. 7  Exhibit D Lake Worth Inlet Flood Shoal Dredging Project Phase 2A Singer Island Channel Early 1920’s 1940’s  PROJECT TIMELINE Date Component (3 months) January- March 2023 Development of Final Tech Specs/ Plans (5 months) April I -August 2023 Contractor Solicitation/ Selection/ Award (2 months) April I - May 2023 Pre-Construction Resource Monitoring (6 months) September 2023 - March 2024 Construction (Mob/Demob, dredge, dispose (2 weeks) - March 2024 Relocation of Channel Markers (2 months)-April - May 2024 Post Construction Resource Monitoring  QUESTIONS AND COMMENTS?