Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Minutes Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 February 07, 2024 at 6:30 PM ______________________________________________________________ Roger Michaud Mayor Kimberly Glas-Castro Vice-Mayor Mary Beth Taylor Commissioner Judith Thomas Commissioner Vacant 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 contract the Town Clerk’s office by calling 881-3311 at least 48 hours in advance to request accommodations. ______________________________________________________________ CALL TO ORDER/ROLL CALL 6:34 P.M. PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner Mary-Beth Taylor Commissioner Judith Thomas PLEDGE OF ALLEGIANCE Led by Mayor Michaud SPECIAL PRESENTATION/REPORT: NONE 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. -Mr. Michael Hensely introduced himself and explained that he was running for the position of Commissioner. TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Baird requested that Attorney Keith Davis be authorized to represent the Commission at the Special Call Commission Meeting of February 27, 2024 because he will be representing staff at that meeting. The Commission came to consensus to allow Attorney Davis to represent the Commission at the meeting. Town Manager D'Agostino presented his comments via Exhibit A. He asked the Commission to schedule an Accessory Dwelling Unit (ADU) Community Workshop for 6:00 P.M. on the dates indicated. The Commission came to consensus to hold the meeting on Wednesday, March 27, 2024 at 6:00 P.M. He stated that residents are requesting the Town loosen the boat regulations to allow one boat and trailer in front yard similar to allowance for commercial vehicles and asked if the Commission would be interested in allowing this. The Commission had various concerns with this request. Town Manager D’Agostino agreed to provide the Commission with a presentation that would include detailed restrictions and allowances. Community Development Director Nadia DiTommaso provided a breakdown of the current code allowances that allow for two recreational vehicles. Commissioner Thomas does not feel that it would look very good to have a boat and trailer parked in front of a residence. Commissioner Taylor feels that we cannot limit the new regulation to just boats, but would have to include all recreational vehicles. Commissioner Thomas asked about the trash receptacles in the bus stop areas and who was responsible for collecting the trash because it is getting out of hand. Town Manager D’Agostino stated he believes it is Public Work’s responsibility. She also expressed sadness that the tree she asked Public Works to plant in Blakely Park was damaged. She has asked that another tree, that she purchases, be planted. She was disappointed by the amount of shopping carts that are scattered around Town. Town Manager D'Agostino explained the ongoing struggles with the store management to collect the carts and the Town is scheduling nuisance hearings in March 2024. Commissioner Thomas stated that the Army Reserve Center could do a better job maintaining their property. Commissioner Taylor questioned the traffic enforcement on Park Avenue. Palm Beach County Sheriff’s Office (PBSO) Captain Thomas Gendreau explained that over 200 citations were issued last year on Park Avenue. Town Manager D'Agostino explained some possible implementation of various potential enforcement efforts that will be brought back before the Commission over the next few months. Vice-Mayor Glas-Castro felt that the Town did well in Tallahassee last week. Mayor Michaud agreed with that statement as well. 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. Commissioner Thomas asked that the meeting minutes be amended to reflect that the ground breaking ceremony was for the Roosevelt Full Service Center. Motion made to approve the Consent Agenda as amended by Commissioner Thomas, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. 1. January 17, 2024 Regular Commission Meeting Minutes PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: NONE PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: 2. Ordinance 01-2024 Amending Town Code Section 68-2 and 68-3 of Chapter 68 to Provide for Regulations Associated with Temporary Storage Containers.  AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 68, SECTIONS 68-2 AND 68-3. PERTAINING TO TEMPORARY STORAGE CONTAINERS; PROVIDING FOR SEVERABILITY; 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. Community Development Director DiTommaso explained the revisions in the Ordinance highlighted in blue (Exhibit B) and clarified the times during which vehicles could be parked on a swale. Commissioner Thomas asked about items stored under a car port other than vehicles. Community Development Director DiTommaso explained that if the items are visible and they were in place for more than 90 days then it would be a violation according to the language in the Ordinance. Commissioner Thomas asked for a definition of “junk” as stated in the Ordinance. Community Development Director DiTommaso stated there were subsections where the language was more specific. She stated they could use another term instead of junk if need be. Motion was made to approve Ordinance 01-2024 on second reading by Commissioner Thomas, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. Town Attorney Baird read the Ordinance by title only. NEW BUSINESS: 3. 1100 2nd Court - Property Updates Town Manager D’Agostino provided an update (Exhibit C). Community Development Director DiTommaso explained that their application is complete, the permit is in process and the review has been assigned. Commissioner Thomas asked Town Attorney Baird how far the Town can continue to make extensions without violating the original contract. Town Attorney Baird advised that there had been no deviation from the contract in regards to the terms of sale and the seller’s responsibilities. She asked if a bond of surety would be appropriate. Town Attorney Baird advised that there is no  surety on the contract. Commissioner Thomas asked if the property could be maintained during the construction process. Community Development Director DiTommaso advised that there is an open code case currently with several issues that they are aware of and plan to fix once they start construction. Commissioner Thomas asked when the 5 year clock would start running. Community Development Director DiTommaso stated the 5 year clock starts running once they are issued a certificate of occupancy. 4. Coastal Middle and High School Waiver Requests Town Manager D’Agostino provided a summary of the request. (Exhibit D). The Commission discussed. Motion made to waive all fees made by Commissioner Taylor, Seconded by Vice-Mayor Glas-Castro. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor. Voting Nay: Commissioner Thomas REQUEST FOR FUTURE AGENDA ITEMS: Commissioner Taylor would like an update on the property on 754 Park Avenue, next to the Gastropub. Vice-Mayor Glas-Castro requests a Proclamation for National Bicycle Month for March. ADJOURNMENT: Motion to adjourn made by Vice-Mayor Glas-Castro, Seconded by Commissioner Taylor. Meeting Adjourned 7:55 P.M. FUTURE MEETING DATE: Next Scheduled Regular Commission Meeting will be held on February 21, 2024. Exhibit A  ORDINANCE NO. 01-2024 Exhibit B AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 68, SECTIONS 68-2 AND 68-3. PERTAINING TO TEMPORARY STORAGE CONTAINERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Lake Park, Florida is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town Code established regulations pertaining to outdoor storage in residential districts and has codified these regulations in Chapter 68 of the Town’s Code of Ordinances; and WHEREAS, the Community Development Department recommends that the Town Commission amend Chapter 68 to provide for regulations associated with temporary storage containers; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA: Section 1. The whereas clauses are incorporated herein as the legislative findings of the Town Commission. Section 2. Chapter 68, Sec. 68-2, is hereby amended to include the term temporary storage containers within the definition of “outdoor storage” as follows: Sec. 68-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat means any vessel, with or without motor propulsion, designed for travel over water and for which a trailer is required for transportation over land. Construction equipment/materials means lumber, concrete blocks, pipe and other building materials, tractors, bulldozers, graders, portable cement mixers, tools and other similar equipment and/or materials. Element-sensitive means not designed and/or manufactured to withstand exposure to the elements without damage, i.e., outdoor storage. Ord. 01-2024 Page 2 of 5 Light van means any motor vehicle having a generally rectangular bulk which has a carrying capacity of one ton or less with or without an interior designed and used as temporary living quarters. Motor home and/or RV means a motorized vehicle designed and used as temporary living quarters, other than a light van. Outdoor storage means intentional placement of vehicles, trailers, temporary containers, or PODs on a property to be used for the temporary outdoor storage of debris, materials, equipment and/or other personal property, outside an enclosed of a residential or non-residential building for purposes other than decoration, ornamentation and/or proper disposal. Storage of materials, debris, garbage, personal property other than motor vehicles permitted herein, or junk within an open carport whether or not it is and/or storage beneath a tarpaulin or similar cover outside an enclosed building shall be considered outdoor storage. Pickup truck means any motor vehicle designed primarily for the transportation of property with a permanently attached open cargo or utility box not extending above the vehicle roofline and having a carrying capacity of one ton or less. Project/special-purpose vehicle means a vehicle having greater than nominal salvage value and/or which has been constructed for purposes other than regular transportation including, but not limited to, racing vehicles or vessels, dune buggies, swamp buggies, show vehicles, active restoration or repair projects, etc. Trailer means any assembly designed to be towed or hauled by a motor vehicle, including, but not limited to, open or enclosed cargo trailers with or without cargo, boat trailers and campers designed to be hauled within the cargo box of a pickup truck. (Ord. No. 8-1992, § I, 9-16-1992; Code 1978, § 30-2) Section 3. Chapter 68, Sec. 68-3, is hereby amended to add subsection (11), as follows: Sec. 68-3. Prohibited outdoor storage in residential zoning districts. Outdoor storage on a site zoned for single-family or duplex residences is subject to the following conditions and restrictions: (1) Automobiles, pickup trucks, light vans and/or motorcycles used for regular transportation shall be stored within an open carport, within an approved driveway and/or within a swale area adjacent to the site provided, however, the storage of any vehicles within the swale area shall be prohibited from dawn to dusk. All such vehicles, at all times, shall have affixed a valid license plate. (2) A motor home or RV, travel or camping trailer, boat/trailer combination, open or enclosed cargo trailer with or without cargo, project/special-purpose vehicle shall be stored to the rear of the front building line closest to the street and, if possible, set back from the side property lines a distance at least equivalent to the required side yard setback for the principal building. Provided, however, no such equipment Ord. 01-2024 Page 3 of 5 shall be stored between any building and an adjacent street, except as provided in subsection (2)c of this section. All such vehicles/trailers shall have affixed a current license plate and all boats shall have affixed a valid registration decal. a. Not more than one each of any two types of equipment set forth in this subsection shall be stored on such site. For purposes of this subsection, a boat/trailer or vehicle/trailer in combination shall be considered one type. b. A boat may not be stored outdoors, unless the boat is on a boat trailer. c. Such equipment shall be screened from adjacent properties on the side property line nearest the equipment by an obscuring fence or landscaping, which such screening shall be a minimum of six feet in height. On corner lots, when such equipment is stored between a building and an adjacent street, such equipment shall be screened on all sides visible from either adjacent street by an obscuring fence or landscaping, which such screening shall be six feet in height. Provided, however, no such equipment shall be stored within a required side yard setback between a building and an adjacent street. d. When stored on the site, such equipment shall not be used for living or sleeping quarters nor for any purpose other than that for which it has been constructed. Such equipment shall not have attached thereto any utility service connection lines, except as may periodically be required to maintain the equipment and its appliances, if any. (3) Outdoor storage of element-sensitive equipment/materials is prohibited. (4) Outdoor storage of construction equipment/materials, not required for on-site construction pursuant to a valid construction permit or for normal property maintenance, loose vehicle parts and other similar accumulations is prohibited. (5) Outdoor storage within a utility easement, drainage easement, alley right-of-way, street right-of-way or front yard area, except as provided herein, is prohibited. Notwithstanding the foregoing, outdoor storage of project/special purpose vehicles, cargo trailers (enclosed or open), boats and motor homes and/or RVs ("vehicles") shall be permitted in utility and drainage easements, subject to the following restrictions: a. Any such vehicle shall not have a gross vehicle weight in excess of 30,000 pounds. b. Any such vehicle must be placed at least seven feet from the rear property line. c. Such storage must not interfere with the rights of the easement holder to access and utilize the easement for the purposes intended by the easement. d. No structures may be erected within such easement. e. No vehicle may be stored directly over a culvert or other drainage infrastructure. Ord. 01-2024 Page 4 of 5 f. Any such vehicle must be relocated at the request of the easement holder or the town's director of public works or the director's designee. (6) Outdoor storage shall be limited to personal property owned or leased by the occupant-owner or occupant-lessee of the site. (7) Outdoor storage and the area of storage shall be maintained in a clean, neat and presentable manner. (8) Outdoor storage of play-sets, gyms, slides, swing sets and similar equipment is prohibited in the front yard in any residential zoning district. a. In the rear or side yards, play-sets, gyms, slides, swing sets and similar equipment shall be screened from abutting properties and adjacent streets by an obscuring fence, wall or hedge, wherever possible. b. Freestanding basketball backboards are exempt from this restriction as long as they are placed in the driveway. (9) Appliances and household furniture that are not designated for exterior use are prohibited in front yards, open front porches, and open carports. (10)Private swimming pools, to include in-ground or above-ground swimming pools, shall be prohibited in front yards. (11) Outdoor temporary storage containers or PODs or any similar type of container are prohibited unless a permit for the placement of such container has been received from the Town’s Community Development Department. Outdoor temporary storage containers shall only be permitted on residential properties or construction sites where they are located in an appropriate area and on a surface approved by the town pursuant to a building permit. Outdoor temporary storage containers shall only remain on the property at the approved location for the duration of the time when moving activities, or other active work on a residential property or construction site, is being pursued pursuant to the building permit, not to exceed 90 days. Extensions are not permitted. Off-site storage solutions are required for periods over 90 days. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Ord. 01-2024 Page 5 of 5 Section 5. Codification. The Sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed to "section", "article", or any other appropriate word. Section 6. Repeal of Laws in Conflict. All Ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall take effect immediately upon adoption by the Town Commission.  Town of Lake Park Town Commission Agenda Request Form Exhibit C Meeting Date: February 7, 2024 Agenda Item No. Agenda Title: 1100 2nd Court – Property Updates. [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [X] OLD BUSINESS [ ] ORDINANCE [ ] NEW BUSINESS [ ] OTHER Digitally signed by Bambi McKibbon-Turner DN: cn=Bambi McKibbon-Turner, o=Town of Lake Park, Bambi McKibbon-Turner Approved by Town Manager _______________________ Date: ________________ ou=Assistant Town Manager/Human Resources Director, email=bturner@lakeparkflorida.gov, c=US Date: 2024.01.30 12:02:05 -05'00' Nadia Di Tommaso / Community Development Director Name/Title Originating Department: Costs: Town Attorney Memo Attachments: Funding Source: Legal Î Town Attorney Community Memo Development Acct. # 108  Digitally signed by Barbara A. Gould DN: cn=Barbara A. Gould, o=Town of Lake [ ] Finance Barbara A. Gould ________________ Park, ou=Finance Dept, email=bgould@lakeparkflorida.gov, c=US Date: 2024.01.30 11:59:32 -05'00' 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 Paper: time. The following box must Not applicable in this case 1' [ X ] Not Required be filled out to be on agenda. Please initial one. Summary Explanation/Background: The Town acquired 1100 2nd Court through foreclosure in September 2021. In November 2022, the Town sold the property to the current owners, Natasha A. Quiza and Igor Jose O. De Almeida, through a formal solicitation process which resulted in the current owners being selected by the Town Commission pursuant to their purchase price and proposal to substantially reconstruct the home, but with the ability to keep the existing concrete block system. The sales contract stipulated the following conditions: Since November 2022, the Town met with the owners several times and as a courtesy, the Town Manager also granted a couple of extensions due to the owner’s difficulties with their consultants. The property owners were communicating monthly updates with Staff however, permit applications were not received in 2023. While Staff understands this is a result of their consultants not completing their required plans for a full permit application (Staff also verified this with their consultant), this has resulted in the property being left unattended for a much longer period than original anticipated. Consequently, Code Compliance cited the property (even though this was not our objective since a lien and fines would not eliminate the eyesore – the goal is reconstruction). One January 23, 2024, the Town Manager and Community Development Director met with the property owners. At this meeting, the Town was informed that the owner’s signed and sealed plans are ready and they anticipate being able to submit for permits very soon (they were simply waiting on some product approvals). We also discussed the 3D concrete printing technology however, after some follow-up with the 3D concrete printing contractor, it was confirmed by them that it would be best for the owners to move forward with their signed and sealed plans using traditional construction. This determination was based on the fact that they are able to maintain the concrete block system and do not require full demolition. While there is a significant cost savings with 3D concrete printing, since 1100 2nd Court does not need to fully demolish (demolition would run anywhere from $25K- $45K) and can keep the block walls (replacing them would cost $100K+), the 3D concrete printing contractor recommended they move forward with traditional construction given the circumstances. Consequently, the owners initiated a permit submittal through the CAP online portal on 01/29/2024. We are missing a few documents before being able to process the permit application, but the owners are moving forward in CAP at this point. The owners also expressed some difficulties in obtaining materials in a timely fashion, particularly windows/doors, since it seems there is a 6-8 month delay after order placement. They are exploring other companies who may be able to provide materials quicker. They anticipate the home will take 8-10 months to complete after construction is initiated. Staff will of course continue to stay on top of the construction progress and will expedite the permit review (once their submittal packet is complete) and processing. The owners indicated that they are fully funded for their construction and money is not an issue at this point. Due to work conflicts, the owners informed us in our January 23 meeting that they are unable to attend the Commission meeting on February 7, but their objective is to also move forward as quickly as possible since they are renting a home and did not anticipate to have these added expenses for this long. Their reconstructed one-story home at 1100 2nd Court is estimated to be approximately 60% larger than the existing footprint at approximately 3,200+/- SF under air once completed. In light of the delays, the Town Attorney also prepared a Memo for the Town Manager on January 26, 2024. A copy is enclosed. Recommended Motion: For discussion only.  Town of Lake Park Town Commission Agenda Request Form Exhibit D Meeting Date: February 7, 2024 Originating Department: Special Events Agenda Title: Coastal Middle and High School Waiver Requests Digitally signed by John D'Agostino John D'Agostino DN: cn=John D'Agostino, o=Town of Lake Park, ou=Town Manager, Approved by Town Manager: email=jdagostino@lakeparkflorida.gov, c=US Date: Date: 2024.01.26 16:53:39 -05'00' Cost of Item: $150.00 Funding Source: Special Events Department Budget Barbara A. Gould Digitally signed by Barbara A. Gould DN: cn=Barbara A. Gould, o=Town of Lake Park, ou=Finance Dept, Account Number: 600-14000 Finance Signature: email=bgould@lakeparkflorida.gov, c=US Date: 2024.01.24 15:05:18 -05'00' Advertised: Date: Newspaper: Attachments: Coastal Middle & High School Facility Rental Application Coastal Middle & High School Facility Rental Invoice Please initial one: X Yes I have notified everyone Not applicable in this case Summary Explanation/Background: On June 30, 2023 the Special Events Department received a Facility Rental Application from Coastal Middle and High School to rent the Mirror Ballroom for their prom on Thursday, April 25, 2024 from 6:00 pm – 11:00 pm. The owner of the school, Lisa Collum, has requested that the Town Commission waive the refundable security deposit and the staff fee. REQUESTED CATEGORY VALUE TOTAL (monetary or other) Facility Rental Refundable Security Deposit $500.00 $500.00 (Indirect Cost) Staff Fee $30.00 per hour $150.00 (Direct Cost) Recommended Motion: I move to waive the facility rental fees for Coastal Middle & High School Prom.