MINUTES

 TOWN OF LAKE PARK, FLORIDA

 TOWN COMMISSION MEETING

 April 3,2002

 TOWN COMMISSION CHAMBERS

 535 Park Avenue

 

The Town Commission for the Town of Lake Park, Florida met in Regular Session on Wednesday, April 3, 2022 at 7:33 p.m. in the Commission Chambers of Town Hall.

 

  • PRESENT WERE:    Mayor Castro
  • Vice Mayor Balius
  • Commissioner Garretson
  • Commissioner Longtin
  • Commissioner Otterson
  • ALSO PRESENT:    Jason Nunemaker, Town Manager
  • Betty Resch, Town Attorney
  • Bonnie L. Goralski, Town Clerk

    • Mayor Castro called the meeting to order and asked the clerk to call the roll. All members of the Commission were present.  All members of staff were present.  Vice Mayor Balius gave the invocation and Commissioner Longtin led the Pledge of Allegiance.

     

    Town Manager Nunemaker added to the agenda under Item 20, Resolution No. 15-2002 regarding disposal of surplus town-owned property..

     

      • MOTION: Vice Mayor Balius made a motion to approve the agenda as modified.  The motion was seconded by Commissioner Otterson and passed 5-0.

    • ELECTION OF VICE MAYOR

     

    Commissioner Garretson nominated Chuck Bailus for Vice Mayor.  There being no further nominations, the nominations were closed.

     

      • MOTION: Commissioner Garretson made a motion to elect Chuck Bailus Vice Mayor. The motion was seconded by Commissioner Otterson and passed 5-0.

    • PUBLIC AND OTHER COMMENT

     

    Brian Crowley, 2685 140th Avenue, spoke regarding PADD  - Park Avenue District.

    He represents the Florida Family Development Group.  He submitted an offer for the Kimmel property. He submitted a brief to the Commission. He asked the town not to advertise on the open market, or in the alternative, provide an outline on criteria.  A contract has been submitted to the Town Manager and Finance Director regarding this. Mayor Castro asked Town Manager Nunemaker for comments.  Jason said he reviewed the proposal and has a few issues, but would like to go ahead and advertise.

     

    PRESENTATIONS

     

    • 1.   Presentation by Bernie Gimbel, new owner of the building on the corner of 10th     Street and Park Avenue, to discuss proposed renovation of the building.

    • Mr. Gimbel discussed renovation of the corner of Park Avenue Pub and liquor store and the northwest corner and pawn shop.  He introduced Mr. Bob Curry, architect, who will show proposals of plans for the buildings.  He discussed his experience in Delray and his conceptual ideas. The Town Commission was impressed with the concept and proposals.

     

    • Proclamation to be read proclaiming the week of April 1-7 as �National Community Development Week� in Lake Park.
      • MOTION: Vice Mayor Balius moved that we proclaim the week of April 1-7 as �National Community Development Week� in Lake Park.  Commissioner Longtin seconded the motion for discussion.  After discussion, the motion passed 5-0.

    • Commissioner Longtin questioned the need for this Proclamation.  Mayor Castro explained the purpose of the CDBG grants and what they are used for. Town Manager Nunemaker expanded on his description.

     

    Betty Resch read the Proclamation in total.

     

    • Proclamation to be read proclaiming April, 2002 as �Arbor Month�.
      • MOTION: Commissioner Garretson moved that we proclaim April, 2002 as �Arbor Month�. The motion was seconded by Commissioner Longtin and passed 5-0.

    • Betty Resch read the Proclamation in total.

     

    • Proclamation to be read proclaiming the week of April 14--20, 2002 as �National Library Week�.
      • MOTION: Commissioner Garretson moved that we proclaim the week of April 14-20, 2002 as �National Library Week�.  The motion was seconded by Vice Mayor Balius and passed 5-0.
    • Proclamation to be read honoring Rose Schuyler for her contributions to the Friends of the Library.
      • MOTION: Vice Mayor Balius moved that we issue a Proclamation honoring Rose Schuyler for her contributions to the Friends of the Library.The motion was seconded by Commissioner Otterson and passed 5-0.

    • Mayor Castro read the Proclamation in total and presented it to Rose Schuyler.

     

    CONSENT AGENDA

     

      • Lease between the Town of Lake Park and Bonnie & Clydes Family Hair Salon.
      • Minutes of Town Canvassing Board Meeting of March 20, 2002.
      • Minutes of Feb. 20, 2002 Regular Commission Meeting.
      • Minutes of March 6, 2022 Regular Commission Meeting.
      • Minutes of Planning & Zoning Board for: Oct. 8, 2001; Nov. 5, 2001; Dec. 3, 2001 for receipt and filing.
      • Minutes of Dec. 3, 2001 Historic Preservation Meeting for receipt and filing.
      • Minutes of Oct. 1, 2001 Board of Adjustment Meeting for receipt and filing.
      • Community Development Monthly Report for Feb., 2002.
      • Resolution 13-2002 allowing the Town Manager to waive fees for use of Town facilities.

    • Commissioner Garretson has no problem with the minutes of No. 10 on the Consent Agenda.  He did not want to remove the item � he just wanted to comment on it.

     

    Commissioner Longtin asked to remove Items 6 and 14.

     

      • MOTION: Commissioner Garretson made a motion to approve Items 7-13 of the Consent Agenda.  The motion was seconded by Commissioner Otterson and passed 5-0.

    • Commissioner Longtin decided to abstain from comment on Item 6 of the Consent Agenda and apologized for removing that item.

     

    Item No. 6 of the Consent Agenda. 

      • MOTION: Commissioner Garretson moved to approve the lease between the Town of Lake Park and Bonnie & Clydes Family Hair Salon. The motion was seconded by Commissioner Longtin for discussion.  After discussion, the motion passed 4-1, with Commissioner Longtin voting nay.

    •  

     

    Commissioner Longtin questioned the provision for insurance in the lease, and said �2000" should be changed to �2001".  Commissioner Garretson accepted the modifications to the motion.

     

    Item No.14 of the Consent Agenda. Town Manager Nunemaker discussed the purpose for Resolution 13-02.  Concerning housekeeping, remove the Police Department items in favor of PBSO rates. Commissioner Longtin asked if the rates were changed.  She was informed in the negative � only the PBSO. The Town Manager he would still apprise the Town Commission of any waiver of fees.  Betty Resch said at the last meeting there was a request to address the issue of the Town Manager waiving fees.  Town Manager Nunemaker is to check if a permit is necessary to serve alcohol.  Commissioner Longtin questioned the perpetuity of Resolution No.13-02. Mayor Castro said he felt the Commission should approve the waiver of fees.  Betty Resch said it protects the Town Manager if the Town Commission approves the waiver.

     

      • MOTION: Commissioner Garretson moved to allow the Town Manager to waive fees for use of Town Facilities.  The motion was seconded by Commissioner Otterson .  The motion failed 2-3, with Commissioner Garretson and Commissioner Otterson voting aye, and Mayor Castro  Vice Mayor Balius and Commissioner Longtin voting nay.

    • A roll call vote was taken as follows:

     

              • Commissioner Garretson Yes
              • Commissioner Otterson  Yes
              • Vice Mayor Balius  No
              • Commissioner Longtin   No
              • Mayor Castro   No
      • MOTION: Commissioner Longtin moved to accept Resolution No. 13-2002 with the change to �Town Commission�.  The motion was seconded by Vice Mayor Balius and passed 5-0.

    • Betty Resch will revise the language of the resolution.

     

    PUBLIC HEARINGS

     

    None.

     

    ORDINANCES ON SECOND READING/FINAL ADOPTION

     

    • Ordinance No. 9-2002 amending the Future Land Use Map of the Town of Lake Park relative to the changes in zoning covered by Ordinance No. 8-2002.
      • MOTION: Vice Mayor Balius made a motion to adopt Ordinance No. 8-2002, amending the Future Land Use Map of the Town of Lake Park relative to the changes in zoning covered by Ordinance No. 8-2002.  The motion was seconded by Commissioner Otterson for discussion.

    • Mr. R. Goodsell, 410 9th Street, thanked the Commission and staff for sending a notice. He had a question regarding C-1 designation. Terry Virta said it is C-1 - not C1B. Mr. Goodsell asked about the drainage. Mayor Castro discussed raising the property to drain to the street and meet South Florida Water Management standards. He questioned the odors and noise. He is trusting the Town Commission to do what is in the best interests of the public.  Commissioner Longtin asked to table this ordinance so Mr. Goodsell can do further research. The Mayor shared her concerns.

     

      • MOTION: Commissioner Longtin made a motion to table this ordinance until the next meeting so that our citizens can have the time to research it. The motion was seconded by Vice Mayor Balius and passed 5-0.

    • Mr. Gibbons of 9th Street, did not receive a letter, but his neighbor told him of the meeting. He asked what could be constructed.  Mayor Castro said there is no building planned.  It is to rezone as the land is used on the west side of 10th Street to increase the property value.  Mr. Gibbons asked for permission to fence his property because his insurance is very high. Commissioner Longtin said only the back yard can be fenced - front yard fencing is not permitted. Mayor Castro said the back yard can be fenced for privacy.

     

    Suzanne Kiney, 919 Park Avene, said she had offered to buy those two lots on 10th Street for multi-family housing. Brian Crowley reiterated that he had offered to buy that property. Town Manager Nunemaker clarified that he had met with Mr. Crowley on the 10th Street property and that is what spurred the ordinance change.  Mr. Goodsell asked what would be an inconsistent use.  Town Manager Nunemaker said his concern was how the property would develop right now at this point in time. 

    • Ordinance No. 8-2002 rezoning a portion of S. 10th Street to a C-1 Commercial Zoning District.
      • MOTION: Commissioner Longtin made a motion to table Ordinance No.8-2002, rezoning a portion of S. 10th Street to a C-1 Commercial Zoning District, until April 17, 2002.  The motion was seconded by Commissioner Garretson and passed 5-0.

    • ORDINANCES ON FIRST READING

     

    • Ordinance No.11-2002 amending Chapter 10, Section 10-1 defining the billing rates.
      • MOTION: Commissioner Garretson made a motion to place ordinance no. 11-2002, amending Chapter 10, Section 10-1 defining the billing rates, on first reading.  The motion was seconded by Commissioner Otterson and passed 5-0.

    • Betty Resch read Ordinance No. 11-2002 by title only.

     

    • Ordinance No. 12-2002 providing a geographic exemption from the conditions of Chapter 15, Noise Control.
      • MOTION: Vice Mayor Balius made a motion to place Ordinance No. 12-2002, providing a geographic exemption from the conditions of Chapter 15,  Noise Control, on first reading.  The motion was seconded by Commissioner Otterson and passed 5-0.

    • Vice Mayor Balius thanked Town Manager Nunemaker for having this ordinance drafted and brought before the Commission.

     

    • Ordinance No. 13-2002 addressing al fresco dining within the Town.
      • MOTION: Commissioner Garretson made a motion to place Ordinance No. 13, 2002, addressing al fresco dining within the Town, on first reading.  The motion was seconded by Vice Mayor Balius for discussion.

    • Betty Resch explained that this was put before the Planning and Zoning Board concerning the use china and glass vs. disposable products.  Mayor Castro asked if the seating capacity will be increased.

     

    Commissioner Garretson amended his motion to include china/silver/glass. Vice Mayor Balius seconded the motion as amended. Mayor Castro felt it needs to address all outside dining - private and public. Commissioner Garretson withdrew his motion and Vice Mayor Balius withdrew his second. 

     

      • MOTION: Commissioner Garretson made a motion to table Ordinance No. 13, 2002 until the Commission�s second meeting in May for a more comprehensive study.  The motion was seconded by Commissioner Longtin and passed 5-0.

    • DISCUSSION AND POSSIBLE ACTION

     

    • Discussion of Town Surplus Auction. (Resolution No. 14-2002)
      • MOTION: Commissioner Otterson made a motion to adopt Resolution No. 14-2002 concerning Town Surplus Auction.  The motion was seconded by Commissioner Longtin and passed 5-0.

    • Because Resolution No. 15-2002 also dealt with the disposition of town-owned real property, that item was placed under this agenda item.

     

    Town Manager Nunemaker said it is always his preference to send you all the back-up on Friday so you will have it before the meeting, but there will be occasions that come up where this is not possible.

     

      • MOTION: Vice Mayor Balius made a motion to adopt Resolution No. 15-2002.
      • Commissioner Longtin seconded the motion for discussion. After discussion, Commissioner Longtin withdrew her second.  Thereafter, Commissioner Garretson seconded the motion to adopt Resolution No. 15-2002.  The motion passed 4-1, with Commissioner Longtin voting nay.

    • Commissioner Longtin would like to table this resolution.  Town Manager Nunemaker said this resolution would allow him to proceed according to the ordinance. He discussed the properties involved.  The resolution should reference the ordinance.

     

    Town Manager Nunemaker discussed how he was required to proceed with the sale of the property.  He would advertise in the Palm Beach Post and bring all offers to the Town Commission.

     

    •  Discussion and possible direction to staff to draft an ordinance regarding the elimination of the Code Compliance Board in favor of utilizing only the Special Master. 

    • There was discussion on eliminating the Special Master rather than the Code Board. Commissioner Otterson said he had attended the Code Board meetings and felt that the Board should be dissolved. Vice Mayor Balius does not agree with dissolution of the Code Board.

     

    Trudi Brown Clark, 509 Silver Palm Drive, an eight year resident, feels that Town Manager Nunemaker has begun to change the town for the better. She questioned the cost of a Special Master, and a citizen having to take off work in mid-day to attend a Special Master Hearing.   She believes the Code Compliance Board of peers is a better alternative. She strongly advocated keeping the Code Board.

     

    Mayor Castro said two attorneys are necessary for the Code Compliance Board � one representing the town and one representing the Board.  Commissioner Otterson felt the former Board was a kangaroo court. Vice Mayor Balius feels this Commission and Town manager will not allow that to happen again. 

     

    Bert Bostrom, 1451 Flagler Blvd., questioned the cost and people preferring to address peers.

     

    Town Manager Nunemaker will research this matter and bring the information to the Commission.

     

    •  Discussion of western area developments and status of moratorium

    • This specific item is a request by Dodi Glas representing DiVosta Properties for an exclusion from the moratorium as allowed by Ordinance No. 17-2002. There is a specific Section, 3(d), which allows for this exemption. If the Commission agrees to do this, they are allowing the developer to proceed with the development application. Mayor Castro said the staff should be working on the revision to the TND area.

     

    Dodie Glas, Urban Design Studio, said the information the Commission has in their packets represents three parcels on the east and west side of Congress Avenue. What the developers are planning for this area is a light industrial use . They want to do Class A industrial uses here. Class A has more architectural design consideration, more landscape consideration and parking considerations that typically were not part of industrial development.

     

    Commissioner Longtin asked if it would help if we lift the moratorium. Mayor Castro said they still have to rezone and go forward with the site plan.

     

      • MOTION: Commissioner Otterson made a motion to exempt DiVosta Properties from our moratorium.  The motion was seconded by Commissioner Longtin for discussion. After discussion, he motion passed 5-0.
    • Ballot to fill vacancy on the Education Advisory Board.

    • There were two vacancies on the Education Advisory Board � one for a full-time member and one for an alternate member.  The ballots were given to the Commission for their vote and returned to the Town Clerk to tally. The results are as follows:

     

          • Maysel Stewart Full member
          • Joseph Walldeck Alternate member

    • COMMENTS BY COMMISSION, TOWN MANAGER, AND TOWN ATTORNEY

     

    Mayor Castro asked about the sound system. Town Manager Nunemaker said they are in the process of rectifying the problem.  He asked about the status of Park Avenue Barbecue. Jason said that the request has been approved by Planning & Zoning and will come before  the Commission at the next meeting. He asked about Lowe�s.  Jason said we are working with them very diligently to move the project forward. He asked about street lighting.  Wants to be sure that it is in the budget for next year. Wants to phase in some lighting moving south-north.  Town Manager Nunemaker said they are working on that. Mayor Castro asked about the Recreation Program.  He got a call from the man who is providing the basketball program for the kids.  He will give the telephone number of this individual to Jason, who will contact him to offer our help.  Jason said he is locating Dale Dougherty to Lake Park Police Department. The Children�s Home Society will also be located there.

     

    Commissioner Garretson asked that we fast track Park Avenue Barbecue and move forward . Feels this is critical to the revitalization to Park Avenue.

     

    Commissioner Longtin said we should treat everyone the same in Lake Park � no special treatment for certain individuals. She asked if the Workshop on Palm each Fire/Rescue had been advertised. Town Manager Nunemaker said it will be.  She said she would back Mayor Castro on the website outsource.   She said she would like to get a copy of page two of Linda Justman�s letter � she received only page one. She asked what events were approved by the Town Commission.  Town Manager Nunemaker replied they are the 4th of July, the Easter Egg Hunt and the Tree Lighting.

     

    Vice Mayor Balius said his first concern is recreation.  He said the Vice Commander of the VFW Post gave Lake Park a $375 grant for a Lake Park student, who plays ball in Palm Beach Gardens, to attend baseball camp.  He had a letter of complaint about a Building Department staff member.  Town Manager Nunemaker said the first issue was resolved and the second matter is being looked  into.  Vice Mayor Balius said trees were removed on Second Street and now people are driving through.  He said the business owners are asking for something other than fencing in the laundramat.  Town Manager Nunemaker said we can handle that.

     

    Commissioner Otterson questioned the law suits.  Town Manager Nunemaker informed him that there will be mediation on Buena Vista on Monday.  Commissioner Otterson asked if we were able to help Ms. McBride financially with her Code problem.

     

    Vice Mayor Balius said we  going to have a Loyalty Day on the steps of Town Hall on April 27, 2022 at 10:30 a.m. He asked for approval of the Town Commission to do this. Permission was granted. Commissioner Otterson asked if we can place a �No Parking� sign by the fire bays.  He also asked if we are giving away the Police Department to the Children�s Home Society. Town Manager Nunemaker told him there was a nominal fee lease arrangement.

     

    Betty Resch said she was passing out the signed Settlement Agreement and a copy of the insurance documents on Palm Beach Pottery.

     

    Town Manager Nunemaker said we advertised for legal services in Sunday�s Post. The Commission needs to make a call on the issue of whether applicants need to have an office or firm organization in Palm Beach County.  Mayor Castro does agree they should be in Palm Beach County � north county primarily.  Town Manager Nunemaker feels the preference should be Palm Beach County.  Commissioner Longtin feels preference should be given to Palm Beach County applicants but that all should be included.

     

    Town Manager Nunemaker gave the Commission an update on the Marina.  Will schedule the ground breaking in the near future. We are having  the pre-construction conference this week. Tomorrow, the Marina Board will discuss slip configuration, ingress/egress, and boat ramp orientation.

     

    Commissioner Longtin asked when the ribbon cutting for the new Town Hall would take place.  Town Manager Nunemaker informed her it would be in May on a Saturday.

     

    There being no further business to come before the Commission, on motion of Commissioner Longtin , seconded by Commissioner Otterson , all present voting aye, the meeting adjourned at 10:00 p.m.