Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Wednesday, December 06, 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 — Asst. Town Manager/HR Director Thomas J. Baird, Esq. — Town Attorney Vivian Mendez, MMC — Town Clerk Laura Weidgans — Deputy 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 7:17 PM PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner John Linden Commissioner Mary-Beth Taylor Commissioner Judith Thomas PLEDGE OF ALLEGIANCE The Pledge was read in the previous meeting SPECIAL PRESENTATION/REPORT: 1. Proclamation Recognizing Riunite C. Franks Regular Commission Meeting December 06, 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. -Page Lewis 15371 67th Drive N Palm Beach Gardens spoke about having a great time at the Holiday Lights event and is grateful for all the events in town. -Jan Norris from Attic Fanatics Vintage spoke about concerns with closing the street for the Holiday Lights Event, but feels their parking lot is being cut off due to the closure. She also stated there was not enough publicity for the event. -Jason Ramos 748 Park Avenue spoke about improved communication with Town officials. He spoke about key factors for effective marketing and post marketing assessments. He asked the Commission about the road closure and how do we vote it out of this event. Mayor Michaud advised Mr. Ramos to direct questions to staff. Mr. Ramos also spoke about code compliance for food trucks. -James Sullivan 348 Flagler Blvd. spoke about the wonderful job on the Holiday Lights. He also spoke about the great job fixing the potholes and the job was done right. TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Baird distributed an article to the Commission about the Live Local Act. Assistant Town Manager/HR Director McKibbon-Turner provided comments (Exhibit A). She asked for consensus on the road closures for the Holiday Display. Vice-Mayor Glas-Castro asked if there had been Commission approval for the road closures to take place. Grant Writer/Chief Information Officer Merrell Angstreich stated that it was entirely a staff decision to close the roads. Consensus was reached by the Commission to discontinue the road closures effective immediately. The Commission had various reasons for not wanting to close the roads such as conflicts with The American’s with Disability Act (ADA) requirements and the negative impact the closure was having on local businesses. Commissioner Thomas stated for the record that she would like to see next year that Town Hall be decorated. Commissioner Linden likes the idea of keeping roads open and reducing speed. He said closing the road would be a detriment to the businesses in the area. Mayor Michaud asked Palm Beach Sheriff’s Office (PBSO) Captain Gendreau if reducing the speed limit can be done. Captain Gendreau stated that without a resolution, they would have no way of enforcing it. Mayor Michaud asked about a visual monitor that would say “slow down”. Captain Gendreau indicated that yes this could be done using the speed board that the town owns. Commissioner Linden asked if we could request another board from PBSO so that there would be boards for both east and west bound traffic. Captain Gendreau stated he could request it. Commissioner Thomas recommended placement of one of the boards at 6th street for west bound traffic. Commissioner Linden spoke about Santa being at Attic Fanatics every Friday and Saturday. Assistant Town Manager/HR Director McKibbon-Turner spoke about doing a better job with preserving the new time capsule using professional preservation services. She also suggested the Town consider alternate means of preserving the time capsule moving forward. Commissioner Linden suggested maybe not placing the time capsule in the ground. He also wanted to express gratitude towards Public Works and also to the Centennial Celebration Committee for doing a fantastic job. He went on to talk about Texas Roadhouse being built at lightning speed. Santa will be at Lake Park Elementary along with PBSO with horses and motorcycles. Mayor Michaud gave a special thanks to Commissioner Linden for playing Santa. Commissioner Thomas said she was at the Florida League of Cities last week and is honored that the Town allowed for that. She requested for there to be highlighters on the dais. Vice-Mayor Glas-Castro had no comments. Mayor Michaud shared that he attended the District 1 League of Cities lunch and it makes him appreciate this Commission and how we conduct business here. 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. Regular Commission Meeting December 06, 2023 Page 3 Motion made to approve the consent agenda by Commissioner Thomas, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Linden, Commissioner Taylor, Commissioner Thomas. 2. Resolution 93-12-23 of the Town Commission of the Town of Lake Park, Florida Authorizing and Directing the Mayor to Execute a Contract with J & J, Inc., DBA Eagle Painting, for Painting the Exterior of the Town Hall Building. 3. Resolution 94-12-23 of the Town Commission of the Town of Lake Park, Florida, Authorizing and Directing the Mayor to Execute a Contract with LaPorta Contracting, LLC, for Work and Services Associated with Structural Repair Work to the Town Hall’s Roof Truss Framing and Providing for an Effective Date. 4. Resolution 95-12-23 A Resolution of the Town Commission of the Town of Lake Park, Florida, amending the Town budget for fiscal year 2022-2023 as previously adopted by Resolution No. 67-09-22; Providing for severability; Providing for the repeal of laws in conflict; and providing for the effective date thereof. 5. November 15, 2023 Regular Commission Meeting Minutes 6. Resolution 96-12-23 of the Town Commission of the Town of Lake Park, Florida Authorizing and Directing the Mayor to Execute the Second Amendment to the Contract with Shenandoah General Construction, LLC, for the provision of stormwater infrastructure maintenance and repair services. BOARD MEMBER NOMINATION: NONE QUASI-JUDICIAL PUBLIC HEARING (RESOLUTION): NONE PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: NONE PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: NONE OLD BUSINESS: 7. Follow-up Discussion on Gravel Driveways in Residential Areas. Community Development Director Nadia DiTommaso explained that staff is seeking direction as to whether gravel driveways would be allowed in the Town. She provided information from neighboring municipalities, the Town’s consulting engineer and the Town Attorney. (Exhibit B)  and based on this information, recommends leaving the code in place and not allow gravel driveways. Mayor Michaud asked if other municipalities provide a time period for enforcement and if so, how much time is allowed. Community Development Director DiTommaso stated that the Commission would be able to set that timeframe for compliance. Town Attorney Baird stated that there had been a similar situation in the past along Northlake Blvd. and that those properties were given an extensive time-frame to come into compliance. Commissioner Taylor stated that she is aware of other municipalities that have gravel driveways. Commissioner Linden spoke about a resident reporting more than 60 homes with gravel driveways in their vicinity. He said that he does not think we should allow gravel driveways, but he would like to see changes made to the code to extend the amount of time they have to come into compliance. He would like the Commission to consider a matching grant to the homeowner in the next budget cycle. Mayor Michaud suggests allowing 1 year for residents to become compliant. Community Development Director DiTommaso advised that there is a grant that is available that can be utilized for updating driveways. Vice-Mayor Glas-Castro stated that the grant will only help a little and recommends allowing 2 years for residents to become compliant. Commissioner Thomas asked how long the code has been in effect and what brought this all about. Community Development Director DiTommaso advised that the code had been in existence for decades. She said that this issue came up as the code officers were inspecting certain properties and finding gravel driveways, they realized there are several more properties where this needed to be addressed. Commissioner Thomas stated that she doesn’t think the code needs to be changed, but wants to consider educating the community about what is required and believes we need to take an assessment of what is out there and allow time to come into compliance and to educate residents about the rising costs of materials over time. Mayor Michaud recommends a 2 year window with a year of inventory. PUBLIC COMMENT: Brandon Susich 729 Greenbriar Drive spoke about Florida Department of Transportation’s successful use of gravel for shoulders and roadways and how it would be strong enough for a residential driveway and believes gravel driveways can work both structurally and esthetically. 8. Parks Master Plan Projects Prioritization - Follow-up Discussion. Community Development Director DiTommaso provided a summary of the plan and a report of current progress (Exhibit C). She stated that it was collectively decided to prioritize the Regular Commission Meeting December 06, 2023 Page 5 Exhibit A  Exhibit B Town of Lake Park Town Commission Agenda Request Form Meeting Date: December 6, 2023 Agenda Item No. Agenda Title: Follow-up Discussion on Gravel Driveways in Residential Areas. [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [X] OLD BUSINESS [ ] st ORDINANCE ON 1 READING [ ] NEW BUSINESS [ ] OTHER: Digitally signed by Bambi McKibbon-Turner DN: cn=Bambi McKibbon-Turner, o=Town of Lake Park, Bambi McKibbon-Turner ou=Assistant Town Manager/Human Resources Director, email=bturner@lakeparkflorida.gov, c=US Approved by Town Manager _______________________ Date: ________________ Date: 2023.11.30 15:45:09 -05'00' Nadia Di Tommaso / Community Development Director Name/Title Originating Department: Costs: $ N/A at this time. Attachments: Funding Source: Town Acct. # Manager/Community Development [ ] Finance ________________ All parties that have an interest Yes I have notified Advertised: in this agenda item must be everyone_______ Date: _____________ notified of meeting date and or time. The following box must Not applicable in this case ND Paper: ____________ [X] Not Required be filled out to be on agenda. Please initial one. Summary Explanation/Background: At the July 5, 2023 meeting, the Town Commission discussed gravel driveways since several properties in Town with non-conforming gravel driveways were cited to bring their driveways into compliance with Town Code requirements. These properties have been granted extensions by Code Compliance on their pending code violations. Some of these property owners approached Commissioners with concerns. It was requested that Staff look into the possibility of allowing gravel driveways in single-family districts on a permanent basis to satisfy permanent, long-term driveway needs. The Town Planner researched the regulations in neighboring municipalities and provided the following: Palm Beach Gardens – Gravel is not allowed on a permanent long-term basis as a primary material, but may be allowed on a temporary basis under certain special circumstances. North Palm Beach – Gravel is generally not allowed as a primary material on a permanent long- term basis, but there is an opportunity to have the City’s Engineer review an application on a case-by-case basis. Riviera Beach – Gravel is not allowed as a primary material on a permanent long-term basis. Juno Beach – Gravel is generally not allowed as a primary material on a permanent long-term basis, but there is an opportunity to have the City’s Engineer review an application on a case-by- case basis. Jupiter – Gravel is not allowed as a primary material on a permanent long-term basis. Boca Raton – Gravel is not allowed as a primary material on a permanent long-term basis. Delray Beach – Gravel is generally not allowed as a primary material on a permanent long-term basis, but there is an opportunity to have the City’s Engineer review an application on a case-by- case basis. In light of the fact that some of the municipal codes that were researched allow for some discretion by the municipality’s Engineer, the Town reached out to our consulting Engineer, Adam Swaney with Engenuity. Mr. Swaney will also be present to answer any questions the Town Commission may have. Mr. Swaney provided the following determinations based on the Town’s existing Code regulations: (Existing) Town Code Section 78-142. Off-street parking and loading. (c) Off-street parking. (10) Construction and design of parking areas f. Paving standards. 1. Reviewed and approved by community development department. The proposed grading and construction of the off- street parking facilities shall be approved by the community development director. 2. Materials and methods. Unless otherwise provided in this subsection (c)(10)f, all vehicular use areas and specialized vehicular use areas shall be improved either with: i. A minimum of six-inch shellrock or limerock base with a one-inch hotplant mix asphaltic concrete surface; or ii. A base and surface material of equivalent durability. (added Staff emphasis: see below for Engineer’s determination for applicability/enforcement purposes) 3. Maintenance of paved vehicular use areas. All vehicular use areas or specialized vehicular use areas shall be maintained in good condition to prevent any hazards such as cracked asphalt or potholes.  Engineer Determination on “surface material of equivalent durability”: Commercial: Load bearing paver brick with proper thicknesses of base and sand bed. Concrete of sufficient thickness with reinforcement steel or fiber. 1-1/2 Asphalt with minimum 8” thick rock base if driven over by delivery trucks and garbage trucks. 1-1/2” Asphalt with minimum 6” thick asphalt base. Turf block might be acceptable in limited areas such as overflow parking. Residential: Stay with concrete, asphalt or paver brick. No gravel (gravel is not of equivalent maintenance or durability).  Crushed concrete serves the same purpose as rock base. Crushed concrete needs to be covered with asphalt, the thickness depends on the use. Crushed concrete may also serve as a base for paver brick.  Crushed asphalt cannot be contoured or graded as accurately as crushed concrete and is not recommended for any use requiring a nice finish. In addition, in consultation with the Town Attorney, some additional concerns were raised. Gravel presents aesthetic concerns in a community. Gravel driveways and dirt roads may be appropriate for rural areas, but not for an “urbanized” area. Allowing gravel driveways can depress property values, and will likely cause prospective purchasers to consider other areas. This could then make it very difficult to enforce any kind of code standards regarding the maintenance of gravel driveways. In addition, allowing gravel driveways would be a regressive action to the Town’s desire to become a more attractive community and to attract millennials, families, and others to it. Finally, the Town Attorney also provided some legal advice regarding the possibility of modifying our Town Ordinance to allow for gravel driveways instead of concrete, asphalt or paver brick, due to pending code compliance cases. This further included the following: “Given that there have been citations, this process is really in the hands of the Code Magistrate. (This is sort of a “separation of powers” situation). If the Commission wants to forbear on the enforcement of the town code because of property owners who are not in compliance, then the Commission must direct the Town Manager to direct his staff not to enforce the code. If the Commission wants those property owners who are currently violating the code to be relieved of the obligation of complying with the code, it will then need to decide to change the code and allow gravel driveways. Staff will then bring forward such an Ordinance. Such an approach seems counterproductive to code enforcement in general because going forward whenever someone is cited, they will know that they simply need to ask a commissioner to sponsor a change to the code so that they can become compliant. Recommended Motion: Discussion for possible direction on how to proceed. Staff, the Town’s consulting Engineer and Town Attorney recommend that the Code remain as-is and that gravel is not permitted as a permanent long-term driveway surface for residential areas.  Exhibit C Town of Lake Park Town Commission Agenda Request Form Meeting Date: December 6, 2023 Agenda Item No. Agenda Title: Parks Master Plan Projects Prioritization – Follow-up Discussion [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [ ] OLD BUSINESS [ ] ORDINANCE ON 1st READING [ ] NEW BUSINESS [ ] OTHER: Digitally signed by Bambi McKibbon-Turner Approved by Town Manager Bambi McKibbon-TurnerDate: ________________DN: cn=Bambi McKibbon-Turner, o=Town of Lake Park, ou=Assistant Town _______________________ Manager/Human Resources Director, email=bturner@lakeparkflorida.gov, c=US Date: 2023.11.29 14:22:22 -05'00' Nadia Di Tommaso / Community Development Director Name/Title Originating Department: Costs: N/A at this time Attachments: Funding Source:  Approved Parks Community Master Plan Acct. # Development [ ] Finance ________________ All parties that have an interest Yes I have notified Advertised: in this agenda item must be everyone____ND___ Date: _____________ notified of meeting date and or time. The following box must Not applicable in this case Paper: ____________ [X] Not Required be filled out to be on agenda. Please initial one. Summary Explanation/Background: The purpose of this agenda item is to provide the Commission with an update on the Parks Master Plan prioritization projects. On August 17, 2022 the Town Commission approved a Parks Master Plan for Kelsey and Lake Shore Parks pursuant to Resolution 48-08-22. Staff later discussed the various projects that are part of the master plan with the Commission on May 17, 2023 and Staff was asked to develop a prioritization schedule based on the plan’s recommendations, internal logistical and operational needs, and available funds. In follow-up to the Plan’s original approval, the children’s playground was completed in the park, along with the restriping of some of the courts to accommodate pickle-ball. Given the vast number of projects identified in the Parks Master Plan, it was always intended to implement the projects on phased basis and pursuant to available funds. Over the past few months and during the budget creation process for this fiscal year, Departmental staff members met several times to discuss the plan’s projects. The following prioritization list was developed in collaboration with the Town Manager, Assistant Town Manager, Special Events Director, Public Works Director, Grants Writer, Finance Director, Community Development Director and associated staff members (design plans are required in order to go out to bid – funds are not currently available to develop design plans): #1 (Entryway and Entertainment Space & Associated Landscaping/Trees – The Master Plan’s opinion of cost based on illustrative plan only = approx. $1.8M, plus landscaping/trees – items can be separated to lessen cost):  Gateway Plaza/Market/Event Space - $137,764  Amphitheatre Fill/Grading/Accent Paving/Sidewalks - $745,776  Band Shell & Stage - $750,000  Raised Great Lawn - $25,000  Evergreen House & Memorial Gardens (Refurbishment and Patio Enhancements already underway by PW) – Memorials = $75,500 #2 (Children’s Area & Associated Landscaping/Trees – The Master Plan’s opinion of cost based on illustrative plan only = approx. $151K, plus landscaping/trees – items can be separated to lessen cost):  Splash Pad - $151,000 #3 (Waterfront & Associated Landscaping/Trees – Plan August 2022 opinion of cost based on illustrative plan only = approx. $7.1M, plus landscaping/trees – items can be separated to lessen cost):  Beach (Fill, Stairs and Platform at stairs) - $591,000  Stepped Seawall - $3,153,500  Living Shoreline - $3,000,000  Fishing Deck - $315,400  Kayak Launch Structure - $20,000 #4 (Shade/Seating/Pavilions Structures & Associated Landscaping/Trees – Plan August 2022 opinion of cost based on illustrative plan only = approx. $680K, plus landscaping/trees – items can be separated to lessen cost):  Adult Swings - $45,000  Covered Seating Area - $135,000  Large (40’x40’) Picnic Pavilion - $135,000  Shade Sail ($60,000) & Parent’s Plaza/Medium Shade Structure - $130,000  Swinging Benches - $52,500 **Additional site furnishings are extra and estimated at $181,500** The current fiscal year budget does not provide for any direct fund allocations for any of the above references projects. The Town’s Grant Writer has provided the following information, as it relates to potential grant opportunities: Florida Small Cities Community Development Block Grant Program • One of the subcategories is Neighborhood Revitalization, which would apply to this purpose • The overview information specifically mentions Park Facilities • $13 million was available in the last funding round HUD Economic Development Initiative – Community Project Funding Grants • Last year $2,982,285,641 was available for a total of 1,616 grants Florida Recreation Development Assistance Program (FRDAP) • This opportunity has a $200,000 cap • A match is required; the match percentage increases based on the amount of funding requested (i.e, if we apply for a $200,000 grant, the project needs to be a minimum of $400,000, but smaller grants require a smaller percentage match) Florida Inland Navigation District (FIND) grant, which may be applicable due to the location of the sea wall and the provision of public access to the water. This opportunity has a 50/50 match requirement. The Town’s Finance Director is also looking into the possibility to bond several Town initiatives so that implementation can occur sooner rather than later. Please refer to page 25 of the Parks Master Plan for the approved Parks Master Plan. Also refer to pages 47 through 50 of the Parks Master Plan for the future opportunities that are also identified, along with the opinions of cost for the various projects (all costs listed are approximates and will need to be updated when a project is selected for implementation). Recommended Motion: For informational purposes only.