Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 March 06, 2024 Immediately Following the Community Redevelopment Agency Meeting ______________________________________________________________________________ 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 7:49 P.M. PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner Mary-Beth Taylor Commissioner Judith Thomas PLEDGE OF ALLEGIANCE The pledge was recited during the CRA Board Meeting earlier this evening. SPECIAL PRESENTATION/REPORT: 1. Proclamation Declaring March 2024 as Florida Bicycle Month Valentina Facuse from Palm Beach Transportation Planning Agency accepted the proclamation. She thanked the Commission. 2. Proclaiming March as Let's Move Palm Beach County Mr. Wil Romelus representing Digital Vibes accepted the proclamation. Mr. Romelus thanked the Commission and encouraged everyone to move. 3. Proclamation Declaring the Week of April 7-13, 2024 as National Library Week 4. Proclamation Declaring the Month of April 2024 as Water Conservation Month 5. Proclamation Declaring the Week of May 19-25, 2024 as Water Reuse Week 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. Frank Katz expressed concern that Lake Shore Drive south end would be re-opened. He implored the Commission to keep the street closed. TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Baird had no comments. Town Manager D'Agostino provided his comments via Exhibit "A". Commissioner Thomas stated that the Safe Street Summit was held in Miami and was great. She thanked the Commission for allowing the donation of the tree in Blakely Park. She was glad to see all the growth in the Town. Commissioner Taylor hoped that those that get a tree during the Community Greening event will take good care of them. Vice-Mayor Glas-Castro had no comments. Mayor Michaud had no comments. 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 Commissioner Thomas, Seconded by Vice- Mayor Glas-Castro. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. 6. February 21, 2024 Public Private Partnership (P3) Workshop Minutes 7. February 21, 2024 Regular Commission Meeting Minutes 8. Resolution 12-03-24 Authorizing the Town Manager to sign a service agreement with Palm Beach County to allow the County to occupy space within the Library for the purpose of establishing a temporary Community Services Department Satellite Office. 9. Resolution 13-03-24 Second amendment to Interlocal Agreement R-2006-0512 between Palm Beach County and the City of Palm Beach Gardens, the Town of Jupiter, the Town of Mangonia Park, the Town of Lake Park, and the City of Riviera Beach creating the Bioscience Land Protection Advisory Board, Terminating said agreement retroactive to January 22, 2024. BOARD MEMBER NOMINATION: 10. Nomination of Henry Rios to the Library Board Nomination made to appoint Henry Rios to the Library Board by Mayor Michaud, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. 11. Nomination of Robert Shelton to the Library Board Nomination made to appoint Robert Shelton to the Library Board by Commissioner Taylor, Seconded by Vice-Mayor Glas-Castro. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. QUASI-JUDICIAL PUBLIC HEARING (RESOLUTION): NONE PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: NONE PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: 12. 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 LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  Motion made to approve Ordinance 02-2024 on second reading 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 only. 13. 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. Motion made to approve Ordinance 03-2024 on second reading 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 only. OLD BUSINESS: NONE NEW BUSINESS: 14. At its 2/21/2024 meeting, the Commission consented to the Town Manager's recommendation to pause all work activity associated with the SDI contract with the Town until the next Commission meeting. The purpose of this agenda item is to render a decision regarding any future work that SDI will perform on behalf of the Town. Town Manager D'Agostino explained the item (see Exhibit "B").  Mr. Don Delaney of SDI defended the statements made against him. He stated he does not concur with the Town Managers statements. He stated that there are accusations that are a part of the public record that he is not to be trusted, the he was receiving payment directly from Forest and that he had been working with another Town employee to secretly retain a CRA contract, all of which he says are not true and he feels he needs to be able to face his accuser and also feels that he and his staff have done a good job. Mr. Sam Bauer, Senior Vice-President of Development for Forest Development stated that they fully support the Town Manager and Commission in their decision, whatever it may be. Motion to terminate SDI’s contract with the Town of Lake Park according to section 4 of the original contract made by Commissioner Thomas, Seconded by Commissioner Taylor. Commissioner Thomas stated for the record that this doesn’t mean she is against SDI but wants clarity to move forward with development on this project. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas 15. Community Greening Tree Giveaway Waiver Requests Town Manager D'Agostino explained the item (see Exhibit "C"). Motion made to waive all fees by Vice-Mayor Glas-Castro, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas 16. Town Commission’s Acceptance of the Community Redevelopment Agency Annual Report for Fiscal Year 2022-2023. (Exhibit D) Motion to approve the Community Redevelopment Agency Annual Report for Fiscal Year 2022-2023 made by Vice-Mayor Glas-Castro, Seconded by Commissioner Taylor.  Town of Lake Park Town Commission Agenda Request Form Meeting Date: March 6, 2024 Agenda Item No. Agenda Title: Discussion Regarding the Termination of the Contract for Professional Consulting Services between Strategic Development Initiatives, Inc. and the Town of Lake Park [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [ ] OLD BUSINESS [ ] PUBLIC HEARING ORDINANCE ON FIRST READING [x] NEW BUSINESS [ ] OTHER: John Digitally signed by John D'Agostino DN: cn=John D'Agostino, o=Town of Lake Park, ou=Town Manager, Approved by Town Manager D'Agostino _______________________ Date: ________________ email=jdagostino@lakeparkflorida.gov, c=US Date: 2024.02.28 16:53:05 -05'00' ___ Name/Title: Originating Department: Costs: $ 0.00 Attachments: Funding Source: • SDI Contract and Town Manager Amendments Acct. # • Attachment of [ ] Finance ________________ Second Amendment (Focus of the Agenda Request Form) 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 be Not applicable in this case _ __ Paper: ____________ [x] Not Required filled out to be on agenda. Please initial one. Summary Explanation/Background: On October 7, 2020, the Town Commission approved by Resolution 52-10-20 the execution of the Contract for Professional Consulting Services between Strategic Development Initiatives, Incorporated (SDI) and the Town of Lake Park for the provision of professional consulting services to assist the Town in the development of the Lake Park Harbor Marina project as defined in Section 255.065(l) (i) Florida Statues with respect the implementation of a public-private partnership.The contract was amended on February 17, 2021, and again on June 2, 2021. Copies of the original contract document and the two amendments are attached for ease of reference. At the February 21, 2024, meeting, the Town Commission consented to the Town Manager's recommendation to pause all work activity associated with the SDI contract with the Town until the next Commission meeting. The purpose of this agenda item is to render a decision regarding any future work that SDI will perform on behalf of the Town. The Town Manager, the Town Attorney, Peter Baytarian, and Larry Zabik met to discuss the Second Amendment of the SDI Contract. Section 7 of the Second Amendment outlines Mr. Delaney's duties and responsibilities. The scope of work mirrors the duties and responsibilities of the staff relating to any development project undertaken by the Town, especially the Lake Park Harbor Marina expansion. As the Town Manager who manages the day-to-day operations of employees, there is nothing in the scope of services that cannot be performed by Town staff. Further, CAP will inspect the building, wiring, and plumbing during construction. Architects, Engineers, and Landscape traditionally perform plan review experts retained for such tasks through the CCNA process. The process is competitively bid, and at least two or three firms for each discipline are selected. The Community Development Department has sufficient resources to complete task 7 of Phase 3 (III). Therefore, the town manager, Peter Baytarian, and Larry Zabik have no objection to the recommendation of Terminating SDI's contract with the town. Furthermore, Termination without cause under Section 4 Termination and 4.1 allows the Town to terminate the contract with SDI. SDI is under a pause of duties and responsibilities and would recommend continuing the pause. Those portions of the original contract and the second have been highlighted. Recommended Motion: Move to terminate SDI's contract with the Town of Lake Park according to Section 4 of the original contract.  Town of Lake Park Town Commission Agenda Request Form Meeting Date: March 6, 2024 Originating Department: Special Events Agenda Title: Community Greening Tree Giveaway Waiver Requests Approved by Town Manager: Date: Cost of Item: $0.00 Funding Source: Account Number: Finance Signature: Advertised: Date: Newspaper: Attachments: Community Greening Tree Giveaway Special Event Permit Application Community Greening Special Event Permit Application Quote Community Greening Tree Giveaway Facility Rental Quote Please initial one: X Yes I have notified everyone Not applicable in this case Summary Explanation/Background: On February 13, 2024 the Special Events Department received notice that the Town has hired Community Greening to execute a free tree giveaway event for Town of Lake Park residents. The event is to take place at Kelsey Park on March 9, 2024 from 9:00 am – 11:00 am. There will be 150 trees available, comprised of 75 native (Simpson’s Stopper and Gumbo Limbo) and 75 fruit (Barbados Cherry, Soursop and Starfruit.) Residents will be able to take home up to two trees per household (one of which may be a fruit tree.) Community Greening would like the Town to sponsor the event as well as approve the following special waiver requests which cannot be granted administratively.  VALUE TOTAL REQUESTED CATEGORY (monetary or other) Special Event Permit Application Fee $50.00 $500.00 (Indirect Cost) Kelsey Park Refundable Security Deposit $1,500.00 $150.00 (Indirect Cost) Recommended Motion: I move to waive the fees for Community Greening.  ANNUAL REPORT FISCAL YEAR 2022-2023 TOWN OF LAKE PA RK C OM M U N ITY RE D EV ELOP ME N T AG E N CY  THE COMMUNITY REDEVELOPMENT AGENCY OF THE TOWN OF LAKE PARK, FLORIDA ANNUAL REPORT FOR THE FISCAL YEAR 2022-2023 The Town of Lake Park (the Town), formerly known as Kelsey City, has a rich and diverse cultural history dating back nearly a century. The Olmsted Brothers (renowned landscape architects and creators of such noteworthy projects as the National Mall and the White House grounds) laid out the incorporated Kelsey City in 1923. The Town is one of the earliest master- planned communities in South Florida and continues to retain its original characteristics. I n 1919, founder Harry Seymour Kelsey purchased 100,000 acres between Jupiter and Riviera Beach. Kelsey chose the scrub ridge for the site of Kelsey City (later renamed Lake Park). The Town maintains much of its original charm while simultaneously embracing the present and planning for the future. The Town will celebrate its Centennial Anniversary in 2023. CREATION AND EXPANSION OF THE TOWN OF LAKE PARK COMMUNITY REDEVELOPMENT AGENCY In 1996, the Town of Lake Park Community Redevelopment Agency (C.R.A.) was created by a vote of both the Town Commission and the Palm Beach County Board of County Commissioners. Its purpose was, and remains, to restore and maintain a sense of place and community through the revitalization of the physical and economic environment throughout the Lake Park Community Redevelopment Agency's designated areas. The 1996.C.R.A. board presented a plan that served as the framework for programming redevelopment activities and implementing specific projects designed to leverage public interest and private investment required for revitalization. Redevelopment is one of the best ways to instill new life into areas adversely impacted by social, physical, environmental, or economic decline. The targeted area receives focused attention and financial investment to reverse the negative trends caused by slums and blighted areas. The C.R.A.. creates jobs, restores a business climate, rehabilitates and increases business and housing opportunities for low- and -moderate-income residents and families. The latest C.R.A. Master Plan calls for expanding the C.R.A. target area. The new target area will include Bert Bostrom Park. The expanded area includes homes along Silver Beach Road from 10th Street to U.S. Highway 1. The 2  expansion area extends 10th Street north from Northern Drive to Northlake Boulevard, encompassing 10th Court and Prosperity Farms Road to Northlake Boulevard. The expansion area is under consideration by the County. The map illustrates the existing Lake Park C.R.A. and the proposed expansion areas. C.R.A. Master Plan Update and Future Focus In the last annual report, C.R.A.'s Board of Directors requested an update to the C.R.A. Master Plan. In preparation for The Town of Lake Park C.R.A. Master Plan update, and under the Town of Lake Park's Purchasing Ordinance, the C.R.A. solicited proposals from planning firms to update the C.R.A. Master Plan in an ongoing effort to foster redevelopment options and smart sustainable growth in the Town through an updated C.R.A. Master Plan. The implemented C.R.A. Master Plan was workshopped and approved in the last reporting period. The C.R.A. Master Plan is attached as an Appendix 3 and identifies the C.R.A. areas, along with goals and objectives for areas that essentially serve as our future focus areas. This report will also highlight initiatives and plans for future growth and development. A look at possible future initiatives will ensure attainable development initiatives for the C.R.A. RECENT GROWTH AND DEVELOPMENT 754 Park Avenue The Park Avenue project changed ownership when 754 Park Avenue Lake Park L.L.C. (represented by Michael Aram) purchased the 754 Park Avenue building (which was previously under renovation). To date, the property owner has not moved forward with the completion of the building. The property is under code violations from the Town , with a lien recorded against the property since the building permits for the renovations have expired and the property remains unfinished. This property remains underdeveloped with partial completion of a plan that may or may not move forward. The objective of the C.R.A. is to either get the new owner to complete construction with updated plans or sell the property to a developer to complete the development. Downtown Redevelopment Vision The C.R.A. includes Park Avenue, Lake Park's main downtown corridor. The viability of space in the downtown area, which we also refer to as the Park Avenue Downtown District (PADD), requires significant development of residential, mixed-use buildings with increased density to create live, work, and recreate options for a successful rebirth of the PADD (a vital component of a viable PADD district). Density development along 10th Street, both North and South of Park Avenue, is critical to the success of business development and business sustainability. The PADD benefited from a comprehensive plan amendment, allowing for increased densities within select downtown areas. The State of Florida accepted the Comprehensive Plan Amendment, and the Town Commission passed Land Development Regulations to increase intensities. Now that density is in place for development along 10th Street and the extension of the PADD areas along 10th Street north and south of Park Avenue, additional mixed-use development projects that will propose increased densities and intensities are able to move forward in the application and approval process. Businesses in the CRA PADD are struggling to attract customers from within the Lake Park boundaries. A significant reason for the lack of business from the local community evolves around housing costs. While Lake Park has historically had some of the lowest housing costs in the northern Palm Beach County area, the availability of disposable income remains out of reach for a majority of residents. Housing and Transportation costs for Lake Park residents, on average, constitute 52% of a family’s housing and 4 transportation income. The graph below illustrates the need to attract customers outside of Lake Park. The need for marketing plans and the ability of the C.R.A. to assist local businesses in implementing such plans is significant, as illustrated in the graph below. Over 4,500 residents in Lake Park commit between 54 to 66% of family income to housing and transportation expenses. With a population of just over 9,500 residents, almost half of the population in Lake Park cannot afford to have sufficient disposable income to support restaurants, cafés, and other businesses. In order to balance the affordable housing needs and provide for a new influx of residents in proximity to our CRA businesses so that they can further support them, additional density development in the downtown area is needed, along with affordable housing strategies such as accessory dwelling units. Such discussions will be on the horizon for the C.R.A Board of Directors and the Town Commission in 2023-2024. The need for density development in the PADD cannot be overstated. The C.R.A. continues to explore the possibility of events intended to increase interest in the businesses within the CRA downtown district (PADD). With additional living units expected to come online in the next three to five years, the occupancies necessary to 5 support both the existing and additional businesses will ensure the success of restaurants cafés, shops, and residential life in the newly expanded downtown areas of the C.R.A. While several variables impact redevelopment, such as the lack of control of land in the C.R.A., we must undertake creative ways to encourage development, redevelopment, and new investments in projects for the C.R.A. As of the writing of the C.R.A. report, staff estimates approximately 1,200 residential apartments are planned within the next one to five years. Additional dwelling units will allow more people to live in the downtown area and support local businesses. With increased density, structured parking will be necessary to accommodate the increase in density in the PADD area. Implementing some Lake Park Mobility Plan projects will also be essential to provide alternative transportation options, including developing a possible train station near the Park Avenue and 10th Street intersection. Ultimately, through the efforts of the Community Development Department and the Town Commission, density-related development regulations in the PADD will ensure the success of the businesses that call the Lake Park C.R.A. home. Finally, the updated C.R.A. Master Plan promotes mixed-use development and other redevelopment opportunities that have proven successful in the rebirth of downtown districts in communities the C.R.A. Executive Director has managed. Microbreweries Two microbreweries – Kelsey City Brewery (along Park Avenue) and Coastal Karma Brewing (along 10th Street, just north of Park Avenue) – are open in the C.R.A. Both are located within the newly established PADD. The expanded PADD along the 10th will create additional synergy among breweries and restaurants. With the development of new residential dwelling units (approximately 1,200), the recipe for further business development is within the borders of the C.R.A. C.R.A. Attractions for Millennials, Other Age Groups, and Out-of-state Residents The eclectic feel of downtown businesses, the presence of diverse art, the possibility of a performance art group and retail shops in the PADD, and the diverse restaurant mix will continue to attract people of all age groups and genres to the downtown. The C.R.A. envisions additional mixed-use developments that will bring people, other specialty food establishments, and other unique uses and retail businesses to the C.R.A. Oceana Coffee (and two additional partners) received a million-dollar financial incentive package tied to development at the corner of Northern Drive and 10th Street. Oceana will open a commercial roasting/canning/shipping/receiving facility with retail options and commercial food kitchens. For the canning component, Oceana Coffee has partnered with a canning company. They have partnered with a commercial kitchen partner to operate this project component and create opportunities for home-based businesses to grow their respective companies out of a commercial kitchen footprint. 6 Hopefully, such business development opportunities will arise in the future. C.R.A. will increase. The newly established businesses will want to be located in the C.R.A. and create unique food options not found anywhere else in northern Palm Beach County. Open-air cafés and unique restaurants will join the existing restaurants in the future. A new train station on 10th Street behind the existing Palm Beach County Fire Rescue building will provide additional mobility options in the planning and visioning stages of building a train station with residential units above. This extra mobility option aligns with the Town's discussions on the recently passed mobility plan and fee structure. This mobility plan proposes improvements intended to provide direct alternative transportation options to several areas within the C.R.A. Further, the mobility plan will serve as an added transportation connection (last mile) option to attract individuals of all ages to the .C.R.A. and connect the CRA PADD to the parks, marina, and waterfront district. A Marketing Plan The C.R.A.'s updated Master Plan currently serves as the Town's marketing plan for the C.R.A., including marketing-related goals and objectives. In addition, in the next reporting period, C.R.A. staff plans to develop a more in-depth marketing and branding campaign for the C.R.A. A marketing specialist position is intended for the F.Y. 23-24 budget to work with businesses in the C.R.A. to create specific marketing strategies for companies in the C.R.A. 2023-2024. Performing Arts Center The Kelsey Theater's long-range plan may include a performance Arts Center in the 700 block of Park Avenue. The C.R.A. development focus for the 700 block of Park Avenue will be to find a developer to redevelop the property under the new C.R.A. Master Plan. Several for-profit and not-for-profit groups in South Florida can manage a future performing arts center. Future C.R.A. staff will be responsible for searching for and securing a Black Box Theater location tenant. 796 10th Street Façade Improvements Brooklyn Cupcakes is an all-female, minority-owned company occupying a portion of the 796 10th Street property. The owners maintain their signature location consisting of a 500-square-foot business in Brooklyn, New York, and a mail-order business in partnership with Goldbelly. The C.R.A. financed a build-out and grease trap for the company and will contribute to a commercial kitchen exhaust hood if they expand their product offerings to include cooked food products on-site. The C.R.A. awarded $94,050 for the hood system amortized over five years, within which the business must remain in operation. The hood system project has yet to be initiated. We continue to encourage the business owner to expand their product offering beyond cupcakes, which will require the 7 commercial exhaust system to be financed by the C.R.A. and installed by the business owners, assuming they meet the obligations of the awarded grant funds. Brooklyn Cupcake will also help the neighboring Coastal Karma brewery and other businesses in the area by providing much-needed food once the hood system project is realized. In addition, the C.R.A. recently awarded $360,000 for façade/exterior property improvements to the property located at 796 10th Street. The expected façade/exterior property improvements will cost an estimated $1.2 million. A proposed 596-unit (market rate residential mixed-use project) will be considered directly across the Street from this location. C.R.A. With the upgrade to the façade/exterior of the property, we expect to see an expansion of the customer base for the property’s businesses over the next two years. The location desperately needs additional food establishments to support each other while the mixed-use development projects in the area are underway. 8