Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 September 04, 2024 6pm Roger Michaud __ Mayor Kimberly Glas Castro __ Vice Mayor Michael Hensley __ 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 6:01 P.M. PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner Mary-Beth Taylor Commissioner Judith Thomas Commissioner Michael Hensley Commission recessed into the Attorney-Client session at 6:03 P.M. Commissioner Taylor arrived at 6:05 P.M. PLEDGE OF ALLEGIANCE Town Planner Anders Viane led the Pledge. The Commission recessed the Regular Commission meeting at 6:03pm to go into a Private Attorney-Client Session. The Commission Reconvened the Regular Commission Meeting at 6:59 pm. SPECIAL PRESENTATION/REPORT: 1. Proclamation Declaring September 15 - October 15, 2024 as Hispanic Heritage Month. Vice-Mayor Glas-Castro presented the proclamation. A representative from the Latino Leadership Alliance spoke about the role of Latinos in Palm Beach County. Mayor Michaud invited the group to the upcoming Multicultural event in the Town. 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. -Brett McCullough- Spoke about environmental issues and concerns and is asking Lake Park to set an example. -Page Lewis – Spoke about running for the Palm Beach County School Board. CONSENT AGENDA: All matters listed under this item are considered routine and action will be taken by one motion. There will be no separate discussion of these items unless a Commissioner or person so requests, in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. Any person wishing to speak on an agenda item is asked to complete a public comment card located on either side of the Chambers and given to the Town Clerk. Cards must be submitted before the item is discussed. Motion made to approve the Consent Agenda by Vice-Mayor Glas-Castro, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas, and Commissioner Hensley. 2. August 7, 2024 Live Local Act Workshop Minutes. 3. August 7, 2021 Regular Commission Meeting Minutes. 4. August 21, 2024 Commission Budget Workshop Minutes. 5. August 21, 2024 Regular Commission Meeting Minutes. 6. Resolution 59-09-24 Authorizing And Directing The Town Manager To Sign A Restrictive Covenant Clause Required As Part Of The Project Close-out Of The Agreement Between The Town of Lake Park And The State of Florida Department Of Environmental Protection For The 2nd Street Resurfacing And Green Infrastructure Project. 7. Resolution 60-09-24 Authorizing The Mayor To Sign A Landscape Maintenance Memorandum OF Agreement (MMOA) Between The Town Of Lake Park (Town) And The Florida Department Of Transportation (FDOT) Pursuant To Exhibit "A". 8. Resolution 61-09-24 Authorizing The Mayor to Sign A Right-Of-Way Improvement And Maintenance And Maintenance Agreement Between The Town Of Lake Park And Nautilus 220 Condominiums Associates, Inc. Pursuant To Exhibit "A". 9. Resolution 62-09-24 Authorizing And Directing The Mayor To Execute A Grant Agreement Between The Town of Lake Park And The State Of Florida, Department Of State, Division Of Historical Resources (Division), For A Small Matching Grant For Design Services Related To Building Preservation And Compliance Improvements To Lake Park Town Hall. PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: NONE PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: 10. Ordinance 08-2024 Creating A New Section 30-6 Pertaining To The Operation Of Micromobility Devises, Golf Carts, Low Speed Vehicles And Motorized Scooters And Amending Chapter 30 Pertaining To High-Capacity Passenger Or Work Vans. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 30, ARTICLE I TO CREATE A NEW SECTION 30-6 PERTAINING TO THE OPERATION OF MICROMOBILITY DEVICES, GOLF CARTS, LOW SPEED VEHICLES, AND MOTORIZED SCOOTERS; PROVIDING FOR THE AMENDMENT OF CHAPTER 30, ARTICLE II SECTION 30-35 PERTAINING TO HIGH-CAPACITY PASSENGER OR WORK VANS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Town Planner Viane explained the item and explained the difference between a golf cart and a low speed vehicle. Vice-Mayor Glas-Castro asked if golf carts would need license plates. Town Planner Viane explained that golf carts would require a license plate as per State Law. Town Manager D'Agostino read the specific language regarding requirements for Low Speed Vehicles from the Florida State Statue into the record as follows: “It requires a windshield, a vehicle identification number, exterior mirrors- drivers side and interior rearview or passenger side, headlamps, parking brake, vehicle identification number, seatbelts for each seat, reflectors, license plate, tail lamps and stop lamps and front and rear turn signals.” Commissioner Thomas spoke about the specifics between low speed vehicles and golf carts and stated that the information on the brochure (Exhibit A) was clear. Town Planner Viane explained that the information Commissioner Thomas provided from the brochure was all correct. Palm Beach Sheriff’s Office Captain Thomas Gendreau stated that everything is spelled out in the brochure. Vice-Mayor Glas-Castro asked for clarification on the definition of a golf cart since the brochure only has a picture of a low speed vehicle. PBSO Captain Gendreau read the information from the statue for low speed vehicles. Town Manager D’Agostino stated the information regarding golf carts is on the brochure. PBSO Captain Gendreau explained that golf carts and low speed vehicles can be one and the same, but as true golf cart such as the ones used at a golf course don’t have the side mirrors, brake lights, etc. and these types of golf carts cannot be driven on the roads. He stated that other municipalities may have wider sidewalks that can accommodate a golf cart, but the Town of Lake Park does not. Commissioner Taylor asked if she could drive her golf cart around Town. Captain Gendreau stated that she could not unless she modified her golf cart to be a street legal low speed vehicle. Commissioner Hensley recapped the differences between golf carts and low speed vehicles for clarification. Town Attorney Baird read from the Town Ordinance and FSS 316.212 to respond to the questions. He clarified that if there is an eight foot wide sidewalk, a golf cart could ride on it. He also stated that FSS 316.2121 says that a street has to be designated by the Town in order for golf carts to be allowed to ride on it. He stated that this Ordinance could be amended to include a designation of streets in the Town where golf carts could operate, but that there are also statutory requirements that must be adhered to. Town Attorney Baird summarized that if you want golf carts on the sidewalks, the sidewalk must be eight feet wide and designated as multimodal and if you want them on the streets, the streets must be designated for such. Town Manager D’Agostino asked if the streets could be designated according to the speed limit. Town Attorney Baird stated that the streets would or would not be designated for use regardless of the speed limit as stated in statute. Mayor Michaud asked about tag and insurance requirements for golf carts if they are using the streets. Captain Gendreau did not have a definitive answer. Commissioner Thomas stated that she believes a vehicles that goes above 20 miles an hour is considered a low speed vehicle. Vice-Mayor Glas-Castro agreed with that and feels that we need to decide which specific streets need to be identified for golf carts and low speed vehicles. Town Planner Viane stated that the intention is to designate roads that are 25 miles per hour or less for golf cart use. Town Manager D’Agostino stated that this approach would be easier than designating specific streets. Mayor Michaud asked if insurance and tag would be required. Captain Gendreau stated that insurance and tag would not be a requirement for vehicles less than 20 miles per hour, but anything above 20 miles per hour would need a tag and insurance. The Commission asked for staff to further clarify the Ordinance and bring it back at a future date. Commissioner Thomas clarified the specific information that the Commission wants included in the Ordinance; Vehicles below 20 mph versus above 20 mph along with the tag and insurance requirements for both types of vehicles. Public Comment: -John Linden spoke about the requirements of low speed vehicles vs. golf carts and believes an easy solution would be to require plates and insurance for all vehicle types. He also stated that there was never a first reading of this Ordinance.  The Commission discussed how they wanted to proceed and the specific direction to staff. Public Works Director Jaime Morales stated that the Ordinance can only cover the Town roads, not State / County Roads. No motion made. The Commission would like to see this Ordinance clarified and brought back during a future meeting date to include a differentiation between the two types of vehicles. 11. Ordinance 09-2024 Establish New Regulations For The Use Of Parks. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 18, ARTICLE III ENTITLED “PARK REGULATIONS”; PROVIDING FOR THE AMENDMENT OF DIVISION 1 TO ESTABLISH NEW REGULATIONS FOR THE USE OF PARKS, INLCUDING HOURS OF OPERATION, A FEE SCHEDULE AND THE ENFORCEMENT OF THE REGULATIONS; PROVIDING FOR THE AMENDMENT OF DIVISION 2, ENTITILED “PERMIT FOR GROUP ACTIVITIES” PERTAINING TO SPECIAL PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Town Planner Viane explained that the Ordinance has been revised to address overnight sleeping and added an appeal process for trespassing. Public Comment: -John Linden – Spoke about the new regulations and wants to know why dogs and cats are not allowed in the parks. Town Manager D'Agostino explained that it was prohibited to have dogs on park property because the Marina was reserved for this purpose. Commissioner Taylor asked how the Town would enforce the large amount of dogs during events at the park. Town Manager D’Agostino started that it was not really enforceable. The Commission agreed that a dog park would be beneficial to the Town.  Motion made to approve Ordinance 09-2024 by Vice-Mayor Glas-Castro, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas, Commissioner Hensley Town Attorney read the Ordinance by title only. OLD BUSINESS: 12. Discussion By The Town Commission To Set A Date For Staff To Present The Comprehensive Plan And The Ordinance On Density In the Park Avenue Downtown District (PADD). Town Manager D’Agostino is requesting for the Commission to set a date for these items. The Commission tentatively agreed on Saturday October 19, 2024 and to push the Resiliency Workshop to November 2, 2024 and the date for the Eastside Density Workshop to be determined. Public Comment: Kelly Steele-encourages the Commission to schedule workshops in November so that seasonal residents will be present. NEW BUSINESS: 13. Resolution 63-09-24 Appointing A Representative To The Seacoast Utility Authority Board. Motion made to appoint the Interim Town Manager by Vice-Mayor Glas-Castro, Seconded by Commissioner Hensley. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas, Commissioner Hensley 14. PowerPoint Presentation Lion Fountain Finish Options Public Works Director Morales presented (Exhibit B). The Commission chose old stone with a budget not to exceed $13,650. 15. Discussion On Body Worn Cameras For The Code Compliance Officers. Community Development Director Nadia DiTommaso provided a summary (Exhibit C).  Mayor Michaud asked what would happen if one of the cameras breaks, would we have a backup camera for this purpose. Community Development Director DiTommaso explained that the cameras would need to be individualized to each staff member. Mayor Michaud also asked about turning cameras off when entering private property. Community Development Director DiTommaso explained that if a resident requests for a camera to be turned off while the code officer is on public property, then the officer would not be required to turn the camera off. Vice-Mayor Glas-Castro asked why staff is requesting the cameras. Community Development Director DiTommaso explained the request was made based on the Code Officer’s experiences in the field. Vice-Mayor Glas-Castro asked how this would help them do their jobs. Community Development Director DiTommaso stated that it helps with communication so that misconceptions are cleared. Vice-Mayor Glas-Castro asked what the return on investment would be. Community Development Director DiTommaso explained there would be no revenue, but there would be benefits to having them. Vice- Mayor Glas-Castro stated that the purpose is not clear. Community Development Director DiTommaso advised that it would be for clarifying interactions between the Code Officers and residents. Vice-Mayor Glas-Castro stated that the statute that covers body worn cameras applies to officers with arrest authority only and she suggests providing the Code Officers with better training instead of expending the funds for these cameras. Commissioner Hensley would prefer to fund de-escalation training as opposed to body cameras. Commissioner Thomas stated that the cameras would be invasive. And does not support it. Commissioner Taylor stated that she would not like being recorded and agrees with more sensitivity training instead. Public Comment: -John Linden - supports body worn cameras for the Town’s Code Officers. Mayor Michaud stated he is not in support of body worn cameras at this time. TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Baird requested an Attorney Client session for September 18, 2024 at 6pm. Town Manager D’Agostino provided comment via Exhibit D. Consensus was reached to approve a proclamation for Dr. Elisner “Pastor” Chevelon. Consensus was also reached to move the Commission Meeting on October 2, 2024 to October 9, 2024. Consensus was reached for a proclamation for Florida Climate Week. Commissioner Taylor had no comments. Commissioner Hensley asked for the status of 754 Park Ave. Commissioner Thomas asked if the Town is still under contracting with the landscaper who did the new landscaping on Park Ave from 7th-10th streets. Public Works Director Morales stated that we still are under contract and they have communicated that some areas are being damaged due to residents walking through landscaped areas. They will be addressing certain areas and replacing some items. Commissioner Thomas also asked about some diseased trees in the park. Public Works Director Morales stated that they have identified some plants in the pocket park and are working on a solution with the vendor. Vice-Mayor Glas-Castro spoke about the State’s plan for recreational opportunities. The Palm Beach County Board will take this up. Mayor Michaud announced the Community Forum on Code Enforcement went well and the next Forum is scheduled for October 15th. REQUEST FOR FUTURE AGENDA ITEMS: NONE ADJOURNMENT: 9:23 P.M. Motion made to adjourn by Commissioner Taylor, Seconded by Vice-Mayor Glas-Castro. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas, Commissioner Hensley FUTURE MEETING DATE: Next Scheduled Regular Commission Meeting will be held on September 18, 2024.  A low speed vehicle (LSV) is a vehicle with a top speed greater than 20 MPH, but not greater than 25 MPH. LSVs must be registered, titled and insured with personal injury protection (PIP) and property damage liability (PDL) insurance. Any person operating an LSV must have a valid driver license. LSVs may only be operated on streets where the posted speed limit is 35 MPH or less. LSVs must be equipped with the following safety equipment: Windshield Vehicle Identification Number (VIN) Seat belt for each Exterior mirrors designated seat Driver-side and interior rear-view or passenger side Reflex reflectors Headlamps Parking brake Tail lamps and stop lamps Front and rear turn signals For more information, visit flhsmv.gov/lowspeedvehicles Golf Carts Golf carts are defined in section 320.01(22), Florida Statutes, as “a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 MPH.” Golf carts may be operated on roadways that are designated for golf carts with a posted speed limit of 30 MPH or less. Beginning October 1, 2023, a person operating a golf cart on public roads or streets who is under 18 years of age must possess a valid learner’s driver license or valid driver license, and a person who is 18 years of age or older must possess a valid form of government-issued photographic identification. Converted Golf Carts Prior to titling and registering a converted golf cart, the vehicle must be inspected and assigned a VIN at a Motorist Services Regional Office. The converted golf cart must be street-legal before applying for title and registration. flhsmv.gov/locations Trailer the converted golf cart to a Motorist Services Regional Office and present the following documents and fees for an inspection, VIN assignment, title and registration: • Manufacturer’s Certificate of Origin or a bill of sale for the golf cart form HSMV 84490 (Statement of Builder) completed by customer and compliance examiner/inspector; • Form HSMV 86064 (Affidavit for Golf Cart Modified to a Low Speed Vehicle); • Original bill(s)s of sale or receipt(s) for all parts used to convert the golf cart; • Certified weight slip for the converted golf cart. • Form HSMSV 82040 (Application for Title); • Proof of Florida insurance (minimum $10,000 PDL and $10,000 PIP); • Sales tax or sales tax exemption information for all parts; • Identification - driver license, ID card or passport; and • Applicable fees, flhsmv.gov/fees - Inspection fee - Initial registration fee, if applicable - Plate fee - Title fee - Registration fee (varies by weight of vehicle) All-Terrain Vehicles Florida law, states that all-terrain vehicles (ATV) may only be operated on unpaved roadways where the posted speed limit is less than 35 MPH and only during daylight hours. Anyone under the age of 16 operating an ATV on public land must be under the supervision of an adult and must have proof of completion of a Department of Agriculture and Consumer Services (DACS) approved safety course. ATV operators and riders under the age of 16 must wear a USDOT approved safety helmet and eye protection. ATVs are titled, but not registered, and are not required to be insured with PIP and PDL coverage. (Sections 261.20, 316.2074 and 316.2123, Florida Statutes) flhsmv.gov/lowspeedvehicles Department of Public Works Fountain Finish Options Fountain 40-Type Finishing Options • In response to the Town Commission's request at the July 17, 2024, meeting, we are pleased to present the 40 finishing options available for the Large Lion Fountain.  Clarification • For clarification, the information provided to the Commission at the July 17, 2024, meeting requires correction: this unit does not include installation, the fountain pool, the water pump, or shipping costs.  Estimated Cost Summary Total Estimated Replacement Cost: $12,000 to $18,850 Parts: Labor: Fountain: $7,621.99 Total Estimated Labor Cost: Fountain Pool: $1,000 - $3,000  In-house: $0 Water Pump: $500 - $1,200  Contracted: $2,800 - $5,200 Piping and Fittings: $200 - $500 Miscellaneous Materials (concrete, sealants, etc.): $300 - $700 Shipping Costs: $200 - $600 Total Estimated Parts and Fountain Cost: $9,850 - $13,650  Conclusion Based on the Commission’s selection and directions, we will secure the necessary funds for the Town to purchase and install the fountain.  Town of Lake Park Town Commission Agenda Request Form Meeting Date: September 4, 2024 Agenda Item No. Agenda Title: DISCUSSION ON BODY WORN CAMERAS FOR THE CODE COMPLIANCE OFFICERS. [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [ ] OLD BUSINESS [ ] PUBLIC HEARING ORDINANCE [X] NEW BUSINESS [ ] OTHER: Digitally signed by John D'Agostino Approved by Town Manager John D'Agostino DN: cn=John D'Agostino, o=Town of Lake Park, _______________________ Date: ________________ ou=Town Manager, email=jdagostino@lakeparkflorida.gov, c=US Date: 2024.08.28 16:09:29 -04'00' Nadia Di Tommaso / Community Development Director Name/Title Originating Costs: $None at this Time Attachments: Department: Funding Source:  PBSO Digital Evidence Acct. # Policy on BWCs Community Development [ ] Finance ________________  City of Miami Beach BWCs Policy  City of Miami Beach BWCs Training/Guidelines Guide  Town of Lake Park DRAFT Policy  City of Doral Costs  Florida State Statute 119.071 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: Body Worn Cameras (BWCs) were previously requested by the Code Compliance Officers. Based on their feedback, the Code Compliance Officers are requesting BWCs in order to promote transparency by being able to provide an objective record of interactions between them and property owners/tenants/residents. In reviewing the feasibility of BWCs, two main factors were researched: (1) Standard policy provisions and costs (2) Experiences with other local governments utilizing BWCs Standard Policy Provisions and Costs Town Staff submitted public records requests with the Palm Beach County Sheriff’s Office (PBSO) and the City of Miami Beach (Miami Beach has been using BWCs since 2017) on their policy documents for BWCs. Enclosed are the documents received by both entities. They include:  PBSO Digital Evidence Policy on BWCs  City of Miami Beach BWCs Policy  City of Miami Beach BWCs Training/Guidelines Guide Town Staff started with PBSO since we contract with them for law enforcement. In order to find a more compatible example for code compliance, the Town’s Code Compliance Officers reached out to several Palm Beach County and South Florida municipalities to determine if their jurisdictions were utilizing BWCs. Only the City of Miami Beach responded in that their Code Compliance Officers have been utilizing BWCs since 2017. In light of this, our research utilizes the City of Miami Beach as our main example. The City of Miami Beach explained that it is the policy of their Department to utilize BWCs to document code compliance violations and related interactions with the public by recording evidence of actions, conditions and statements. In light of their policy, their employees have a legal right to capture and record footage during all official interactions. Their BWC is a portable electronic recording device that records audio and video. Their policy provides for maintenance, training, data retention and records request guidelines as well. More specifically, Each BWC is specifically assigned to one Officer and it cannot be shared or used by another Officer. A body camera recording, or a portion thereof, is confidential and exempt (FSS 119.071) from 119.07(1) and 24(a), Article I of the State Constitution (i.e. sharing or exchanging of information) if the recording (the following is directly from State Statute): a. Is taken within the interior of a private residence b. Is taken within the interior of a facility that offers health care, mental health care, or social services; or c. Is taken in a place that a reasonable person would expect to be private. Enclosed is a preliminary DRAFT policy that may be considered, and further reviewed and refined, by the Town if BWCs are desired and implemented. As it relates to costs, the Town’s Chief Information Technology Officer was able to receive the City of Doral’s latest costs for BWCs from their law enforcement department (enclosed). The per unit all-inclusive cost (including equipment, hardware and software) is approximately $4,000 per unit, for an annual cost of approximately $12,000. Experiences with other local governments utilizing BWCs As indicated herein, the BWCs local government (code compliance) experiences is limited. Based on our research, only The City of Miami Beach was able to offer their information and feedback in that their BWC program has been very effective and useful both to their Officers and to their residents. Conclusion In light of the above information and the enclosed documents, Town Staff is unable to affirm that a majority of code compliance departments in South Florida are utilizing BWCs. BWCs initiated with law enforcement and have, only recently, been considered by code compliance departments. With this being said, BWCs, based on our research, provide added protection and transparency to not only the Code Compliance Officers, but to the property owners and residents, as it relates to communications that transpire on code cases. They also improve accountability by Code Compliance Officers and can be used to review allegations of misconduct. In order for them to be effective however, a strong policy is needed, along with reliable equipment. On the flipside, while Florida State Statute protects certain categories from the share of information, the footage captured by BWCs is generally classified as a public record for the duration of time the established policy allows (State Statute indicates 90 days) therefore, the Commission would need to feel comfortable with this understanding based on our public records law. Based on the information provided herein, if the Town Commission is in favor of adding an additional transparency/accountability strategy for Code Compliance, understanding the costs and public records implications, BWCs should be considered. Recommended Motion: Discussion item only to determine whether the Commission is in favor of funding BWCs in the Fiscal Year 2024/25 Budget.