Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 Wednesday February 21, 2024 Immediately Following the Public, Private Partnership (P3) Workshop _____________________________________________________________________________ Roger Michaud __ Mayor Kimberly Glas Castro __ Vice Mayor Vacant __ Commissioner Mary Beth Taylor __ Commissioner Judith Thomas __ Commissioner John D’Agostino __ Town Manager Thomas J. Baird. __ 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 PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner Mary-Beth Taylor Commissioner Judith Thomas PLEDGE OF ALLEGIANCE The pledge was bypassed SPECIAL PRESENTATION/REPORT: 1. A presentation updating the Town Commission on the status of Quiet Zones for railroad crossings. This item was presented by Town Planner Anders Viane. (Exhibit A). He stated that staff recommends taking no action at this time, but it can be revisited at a later date. Commissioner Taylor stated she does not want to consider it. She wanted to keep the horn in place and has not received any complaints about the noise. Commissioner Thomas stated the same. Vice-Mayor Glas-Castro asked if North Palm had an interest. Town Planner Viane stated he woud have to review his materials to see if North Palm had expressed an interest. Vice-Mayor Glas-Castro stated she is not in favor of the alternate measure of closing business driveways. She has not received any complaints and does not support implementation of a quiet zone. The Commission agreed with staff’s recommendation to take no action at this time. 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. Frank Katz- 301 Lake Shore Drive Spoke about the lack of a noise ordinance and provided comments via Exhibit B. Rick Goodsell- Spoke about an alternate means of construction and recommended Renco USA in Jupiter Florida. Patricia Leduc- 409 2nd Street spoke about enjoying being able to watch the Commission meetings at home. She commented on the discussion at the last meeting regarding boats and boat trailors and believes the existing ordinance is good. She stated for the record that “A lot of us residents like it the way it is.” TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Baird spoke about the Public Private Partnership (P3), and that it is his role to ensure compliance with the legal process. He stated that the comprehensive agreement is a legal document and that he is responsible for the implementation of that document. He stated he was unaware there were discussions taking place with the Department of Environmental Protection (DEP). He feels that he has been left out of the process and cannot do his job if he is not in the loop. Town Manager D’Agostino provided comments via Exhibit C. In regards to the Community Greening Tree giveaway, the Commission was asked if they want to limit the giveaway to Lake Park residents only. The Commission agreed to make the trees available to residents only. Vice- Mayor Glas-Castro had concerns about the placement of the trees in swales. Town Manager D’Agostino stated the Town is proposing an educational pamphlet explaining what can be planted in a swale area. Commissioner Thomas provided comments and suggested there be a card to be distributed with the trees that would have information about the species and where to plant. Town Manager D’Agostino stated the cards would be included. Town Manager D’Agostino was seeking consensus about a conflict between the St. Patrick’s Day Parade in Palm Beach Shores and a planning workshop for the Library for Saturday March 16, 2024. Mayor Michaud stated he will attend the Library workshop. Commissioner Taylor will also attend the Library workshop. Vice-Mayor Glas-Castro and Commissioner Thomas will both be out of town. Consensus was reached on approving the following Proclamations: National Library Week April 7-13 2024 Water Conservation Month for April 2024 Water Reuse Week for May 19-25, 2024 Town Manager D’Agostino requested that the Commission vote to suspend Don Delaney's work on the P3 Project (Backup documentation within Exhibit C). Vice-Mayor Glas-Castro expressed concern about the exchange in emails and wants to make sure the Town’s interests are protected. She stated she doesn’t understand Mr. Delaney’s continued role and expressed concern about us all being on the same page as far as the release of the reverter clauses. She stated that she supports the suspension. Mayor Michaud asked about the recording of legal actions. Town Attorney Baird stated that if there is not clarity in the public records that some modification is made, there is a risk down the road because there is nothing in the recorded documents to support the modification. He went on to say that the General Counsel for the DEP and for the Governor’s Office and Trustees are entrusted for looking out for these public lands and does not believe that the trustees would delegate decisions of this magnitude to administrative staff. Mayor Michaud agrees and is concerned that the Town is not being represented at discussions. Mayor Michaud supports the suspension. Commissioner Thomas asked about consequence of limiting Mr. Delaney's activities. Town Attorney Baird advised there is a 90 days advance notice clause. He stated that the request for suspension has come about in part due to a concern that the work that is being done is not consistent with the compensation that Mr. Delaney is requesting. He stated that as the Town’s consultant, Mr. Delaney reports to the Town Manager and that the Town Manager is perfectly capable to request a pause of Mr. Delaney’s work and that Mr. Delaney would not be entitled to collect fees during the suspension period. Town Attorney Baird went on to say that he feels that the Town Manager and himself should participate with DEP to find out what the processes needs to be. Town Attorney Baird stated that Forest Development approached the Town to state that they do not know what they are getting for the invoices that Mr. Delaney is submitting to them and that some of those bills are upwards of $30,000 per month. Commissioner Thomas asked how the suspension would affect their timeline and does not want to delay the process. Town Attorney Baird suggests the suspension only be until the next Commission meeting allowing time to gather more information and does not feel that anything would be delayed. Mayor Michaud stated that this raises the question, since there would be no delay, then what exactly is the scope of Mr. Delaney’s work. Town Attorney Baird stated that the suspension period would be used to answer those questions. Commissioner Taylor agrees to the suspension. Consensus was reached to suspend Mr. Delaney’s work until the next regular Commission meeting. Town Manager D’Agostino stated that roles, responsibilities and just compensation of each individual will need to be clarified for future components of the project. Mayor Michaud stated that Thursday & Friday next week is the Safe Street Summit. He is unable to attend. Commissioner Taylor had no comments. Commissioner Thomas had no comments. Vice-Mayor Glas-Castro talked about the amendment on the Mobility Bill. Town Manager D’Agostino provided a response regarding only being one fee for Town projects with mobility. He stated that the County has no money to assist with the oval-about or any other roads and that will be worked out in an agreement between and County and the Town that is a part of the amendment in the legislation. Vice-Mayor Glas-Castro stated that Renco was a good developer to work with in the Town of Palm Springs. 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 by Vice-Mayor Glas-Castro, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. 2. February 7, 2024 Regular Commission Meeting Minutes 3. Resolution 10-02-24 Authorizing and Directing the Mayor to Execute an Amendment to the Grant Agreement Between the State of Florida, Department of State, Division of Historical Resources, and the Town of Lake Park for Town Hall Preservation Work Activities. BOARD MEMBER NOMINATION: NONE QUASI-JUDICIAL PUBLIC HEARING (RESOLUTION): NONE PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: 4. 02-2024 Chapter 28 Business Tax Receipt Rental Inspection Provisions AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 28, ARTICLE II, SECTION 28-32(m) PERTAINING TO APPLICATIONS FOR BUSINESS TAX RECEIPTS AND INSPECTIONS, PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Nadia DiTommaso explained the item. Commissioner Thomas asked "on the record", “what is meant by reasonable time?” Community Development Director DiTommaso stated that although the language is vague regarding the inspection time-frame, there is a requirement for the entire process to be competed in 30 days. Motion made by Vice-Mayor Glas-Castro, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. Town Attorney Baird read the ordinance by title. 5. 03-2024 Parking Code Amendment Ordinance AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 78, ARTICLE V, SECTION 78-142, TABLE 78- 142-1 TO REDUCE THE PARKING DIMENSIONS FOR 90-DEGREE PARKING SPACES; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Town Planner Viane explained the item. Motion made by Vice-Mayor Glas-Castro, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. Town Attorney Baird read the ordinance by title. PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: NONE OLD BUSINESS: 6. Resolution 11-02-24 Approving a Two-Year Amnesty Period for Gravel Driveways Town Manager D’Agostino stated that the Town understands the burden this will place on some residents to convert their driveways and that a grant will be made available to those residents that will pay for 50% of the costs on a first come, first serve basis. Community Development Director DiTommaso explained the requirements of the grant. She stated the properties must be owner occupied, they must obtain quotes from three contractors, they must match funds and for grants over $10,000, it would require Commission approval. PUBLIC COMMENT: Tom Holland 211 Park Avenue spoke about gravel driveways. He spoke about the difficulty obtaining three quotes as per the requirements of the grant. Community Development Director stated residents should submit documentation showing that they reached out to contractors that the attempt was made. Motion made to approve Resolution along with Exhibit A (List of addresses) by Vice- Mayor Glas-Castro, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. NEW BUSINESS: 7. Designation of a Voting Delegate and Alternate to the Palm Beach County League of Cities. Vice-Mayor Glas-Castro was nominated as the voting delegate. Mayor Michaud was nominated as the alternate. Motion made to approve delegate and alternate made by Commissioner Taylor, Seconded by Commissioner Thomas. Voting Aye, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. Voting Nay: Mayor Michaud. QUIET ZONES – AN OVERVIEW Presented by the Community Development Department 2/21/24 Anders Viane - Planner AGENDA  What are Quiet Zones?  How are Quiet Zones implemented?  Town Steps thus far  Potential Next Steps  Discussion and Direction of Staff WHAT ARE QUIET ZONES?  The Federal Rail Administration allows for local governments to implement quiet zones at railroad crossings.  All quiet zones are at least one-half mile in length and may contain all sequential crossings within that municipal jurisdiction.  Normally, a train will sound 2 long, 1 short, 1 long horn a half-mile in advance of any railroad crossing.  Through the installation of mitigating infrastructure, a municipality may suspend this procedure as a matter of routine, though engineers may still sound the horn at their discretion in emergencies. HOW ARE QUIET ZONES IMPLEMENTED?  The process for establishing quiet zones is generally as follows:  A local government must initiate the QZ process and maintain the installed mitigating infrastructure.  Local government must inventory existing crossing infrastructure to identify the current level of protection (All QZ improvements are locally funded, though in our case mitigating infrastructure has already been installed by Brightline for high-speed rail operation which can double as QZ infrastructure).  Calculating the Quiet Zone Risk Index (QZRI) based on existing infrastructure. We are here   Send a notice of intent to the FEC Railroad, FDOT, neighboring jurisdictions, and any other authority impacted or having jurisdiction in affected ROWs.  Assuming no challenges arise during the 60-day comment period for the NOI, the local government would then provide a Notice of Establishment. TOWN STEPS THUS FAR  Crossing inventory NORTHLAKE BOULEVARD STATUS Existing Infrastructure:  2 quad gates and lights  Constant warning timer  4 pedestrian gates (1 doubling as a road gate)  Power out indicator  Pedestrian warning bells. Required Infrastructure for QZ:  Signage indicating a quiet zone is in effect at that crossing.  2 exit gates (to prevent traffic driving the wrong way from entering the crossing) OR  Pursue Alternative Safety Measure (ASM) credits for existing medians, which would entail closing a driveway at a nearby nursery business.  Neither Palm Beach Gardens or Palm Beach County are pursuing QZs at this location at this time. NORTHLAKE BOULEVARD STATUS Stakeholder meetings will Exit Gate be required with the property owners and Exit Gate traffic engineers if a Driveway QZ is to be Closure pursued. PARK AVENUE STATUS Existing Infrastructure:  Four quad gates and lights  Constant warning timer  Power out indicator  Pedestrian warning bells Required Infrastructure for QZ:  Signage indicating a quiet zone is in effect at that crossing. SILVER BEACH ROAD STATUS Existing Infrastructure:  Four quad gates and lights  Constant warning timer  Power Out Indicator  Pedestrian warning Bells Riviera Beach is pursuing a QZ at this location. TOWN STEPS THUS FAR In order to be eligible for a quiet zone, the Quiet Zone Disk Index must be below the Risk Index With Horns. In our case, there is a 18,915.43 point deficiency that must be mitigated through either the 2 additional quadrant gates at NLB or through a median ASM with driveway closure(s). POTENTIAL QZ EXTENT North Park Avenue Northlake Blvd NEXT STEPS  The Town is now at a juncture where we are looking for direction from the Town Commission on how to proceed.  Given the outcome of our QZ risk index calculation, if the Town wishes to pursue QZ, we will either need to install exit gates at Northlake Boulevard or apply to the FRA for an alternative safety measure.  First, we will need to submit an NOI  Then we will need to provide detailed plans of the ASM to the FRA. Assuming the FRA finds the ASM adequate, they would approve it (there is no timeline for how long this may take)  Once approved, we would send out the notice of establishment (which would include a copy of the FRA ASM approval) BENEFITS AND LIABILITIES  Benefits – Quiet Zones Established. No routine horns at train crossings.  Liabilities – Exit gates would need to be installed at Northlake Boulevard if our ASM is not approved and these would likely become our O and M responsibility going forward. Exit gate design, materials, and install may range from $200K to $400k.  Liabilities – The Town would have to recertify the QZs every 3 years with ASMs and every 5 years with SSMs  Liabilities – The Town would be required to install and maintain quiet zone notice signage at crossings.  Liabilities – Given the infrastructure already in place, the elimination of the routine horn soundoff at crossings is a net reduction in safety redundancy, regardless of the mitigation process. DISCUSSION PERIOD Staff is inclined to recommend taking no action at this time. As of this time, we have received no complaints on train horns. The Park Avenue crossing is our only crossing that will be in close proximity to residences once ongoing development projects are completed. The development of midrise apartments at the intersection of Park and 10th should result in further noise buffering for the single family residential core to the east and the developments will generate more pedestrian and vehicle activity at the Park Avenue crossing. Safety redundancy may be beneficial to new residents becoming acclimated to the area. Additionally, the standard required hurricane-rated impact windows should significantly reduce noise for the new apartment residents. If train horns do become a nuisance over time, it can always be revisited at a later date. Please let us know if you have any questions!