VILLAGE OF PALM SPRINGS VILLAGE COUNCIL MINUTES REGULAR MEETING, COUNCIL CHAMBERS, JANUARY 8, 2015

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1 VILLAGE OF PALM SPRINGS VILLAGE COUNCIL MINUTES REGULAR MEETING, COUNCIL CHAMBERS, JANUARY 8, 2015 CALL TO ORDER, ROLL CALL, INVOCATION, AND PLEDGE OF ALLEGIANCE Mayor Bev Smith called the regular meeting of the Village Council to order at 6:34 p.m. Present: Mayor Bev Smith, Vice Mayor Sergio Escalada, Mayor Pro Tem Doug Gunther, Council Member Joni Brinkman, Village Manager Richard Reade, Village Attorney Glen J. Torcivia, and Village Clerk Virginia M. Walton. Council Member Patti Waller was absent. Staff present: Public Safety Chief Tom Ceccarelli, as Sergeant at Arms, Land Development Director Kim Glas-Castro, Assistant Finance Director Mariana Ortega- Sanchez, Interim Public Service Director Bevin Beaudet and Leisure Services Director Bill Golson. Invocation was given by Village Manager Richard Reade, followed by the Pledge of Allegiance led by Vice Mayor Sergio Escalada. ADDITIONS, DELETIONS OR MODIFICATIONS, AND APPROVAL OF AGENDA Village Manager: add #6A Proclamation First Responder Appreciation Week Continue #8 to February 12, 2015 agenda A motion to accept the agenda as revised was made by Council Member Brinkman and seconded by Mayor Pro Tem Gunther. Motion carried 4 0. CONSENT AGENDA 1. Minutes of Local Planning Agency Meeting on December 11, 2014 Staff: Jane Worth, Deputy Village Clerk 2. Minutes of Regular Council Meeting on December 11, 2014 Staff: Jane Worth, Deputy Village Clerk 3. Approval of Addendum No. 23 to Task Order No. 1 Eckler Engineering Services Staff: Bevin Beaudet, Interim Public Service Director 4. Appointment to the Land Development Board Staff: Virginia Walton, Village Clerk A motion to approve the consent agenda as presented was made by Vice Mayor Escalada and seconded by Mayor Pro Tem Gunther. Motion carried 4 0.

2 ANNOUNCEMENTS AND PROCLAMATIONS 5. Certificate of Appreciation for Cumberland Farms Mayor Smith presented Steve Deeb, Area Sales Manager, and Neil Cohn, Store Manager for Cumberland Farms on 10 th Avenue and Kirk Road, with a Certificate of Appreciation for the Fundraising Event they sponsored in their store. Funds raised was $1, and was donated to the Palm Springs Youth Sports Programs. 6. Holiday Decorating Contest Winners Awards Mayor Smith and Interim Public Service Director Beaudet presented the fifteen winners from Lanier Drive, Henthorne Drive, Winged Foot Drive, Shady Lane Road, Dale Road, Santa Anna Drive and Pinehurst Road with a certificate and a $ check. An Honorary Award was presented to Kids College on 10 th Avenue for outstanding decorating at a commercial site. ADD: 6A. Mayor s Proclamation declaring Jan. 5 9, 2015 as First Responders Appreciation Week in Palm Springs Mayor Smith read the proclamation recognizing January 5 9, 2015 as First Responders Appreciation Week in Palm Springs and presented the proclamation to Police Chief Ceccarelli, along with the appreciation of the Council and residents of Palm Springs. PUBLIC COMMENT Anthony Feale, 417 Arabian Road asked for assistance with the traffic and road conditions in Lakewood Townhomes. Big trucks used the roads and there were badly repaired pot holes all over. Also, trucks and cars ran the stop sign on a regular basis and Mr. Feale felt there was not enough traffic officers in this area. Police Chief Ceccarelli stated he would look into the issues. Johnnie Tieche, 305 Winged Foot, commented that there were not as many holiday banners around the Village this year as in the past and also there were no colored lights at the main park intersections. Manager Reade responded that there were so many new areas added to the Village that the existing banners were more spread out to cover those new areas. Additional holiday banners would be in the new budget, as well as possibly other type banners for throughout the year. 2

3 PUBLIC HEARINGS 7. ORDINANCE NO (SECOND READING) AN ORDINANCE OF THE VILLAGE OF PALM SPRINGS, FLORIDA, ANNEXING TWENTY-FOUR PARCELS OF LAND, TOTALING ACRES, INDIVIDUALLY OWNED; LOCATED ON LAKEWOOD ROAD, PATIO COURT, BROADWAY STREET, DIAMOND ROAD, EVERGREEN LANE, AND DIAMOND LANE; AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; AND CONCURRENTLY AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE VILLAGE TO LOW DENSITY RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL, PURSUANT TO THE SMALL SCALE COMPREHENSIVE LAND USE AMENDMENT LAWS OF THE STATE OF FLORIDA, SAID LANDS TO BE CONCURRENTLY DESIGNATED WITHIN A LAND DEVELOPMENT RESIDENTIAL MULTI-FAMILY AND RESIDENTIAL SINGLE FAMILY, DISTRICT ON THE VILLAGE OF PALM SPRINGS OFFICIAL ZONING MAP, BEING MORE FULLY DESIGNATED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING DIRECTIONS TO THE VILLAGE CLERK; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Notice of public hearing was placed in the Lake Worth Herald on December 18 and December 25, Village Attorney Torcivia read the ordinance by title. There were no ex parte communications and no testimony. Mayor Smith stated this was a public hearing and asked for questions or comments. Manager Reade advised the Council that the number of units had been reduced from 107 to 24 after first reading; therefore, the ordinance was re-advertised and brought back in December for another first reading. Hearing no other comments, a motion to adopt on second reading was made by Council Member Brinkman and seconded by Mayor Pro Tem Gunther. A roll call vote was in favor of adoption 4 0. This item was continued to the February 12, 2015 agenda 8. ORDINANCE NO (SECOND READING) 9. ORDINANCE NO (SECOND READING) AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA, ADOPTING CHAPTER 10 BUILDINGS AND BUILDING REGULATIONS, ARTICLE I IN GENERAL, SECTION ABATEMENT OF UNSAFE BUILDINGS TO PROVIDE PROCEDURES TO ADDRESS UNSAFE BUILDINGS AND THEIR REPAIR AND/OR DEMOLITION; PROVIDING FOR DEFINITIONS, ENFORCEMENT, INSPECTIONS, NOTICE, HEARING, APPEAL, RECOVERY OF COSTS, AND OTHER MISCELLANEOUS 3

4 PROVISIONS; AMENDING SECTION CHAPTER ONE AMENDMENTS BY DELETING SECTION 116, UNSAFE STRUCTURES AND EQUIPMENT ; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Notice of public hearing was placed in the Lake Worth Herald on December 4, Village Attorney Torcivia read the ordinance by title. There were no ex parte communications and no testimony. Mayor Smith stated this was a public hearing and asked for questions or comments. Manager Reade advised the Council that this code amendment was a key component for the Village s economic redevelopment initiative. Hearing no other comments, a motion to adopt on second reading was made by Mayor Pro Tem Gunther and seconded by Vice Mayor Escalada. A roll call vote was in favor of adoption ORDINANCE NO (FIRST READING) AN ORDINANCE OF THE VILLAGE OF PALM SPRINGS, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE VILLAGE, PURSUANT TO THE SMALL SCALE COMPREHENSIVE LAND USE AMENDMENT LAWS OF THE STATE OF FLORIDA, FOR THIRTEEN (13) PARCELS CONSISTING OF LESS THAN 10 ACRES, INDIVIDUALLY OWNED, AND LOCATED ON LAKE WORTH ROAD, CHARLOTTE STREET, LAKEWOOD ROAD, BOATMAN STREET, PATIO COURT, 43 RD DRIVE SOUTH, CLINTON BOULEVARD AND 2 ND AVENUE NORTH, AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; TO MEDIUM DENSITY RESIDENTIAL AND COMMERCIAL, SAID LANDS TO BE CONCURRENTLY DESIGNATED WITHIN A LAND DEVELOPMENT RESIDENTIAL MULTI-FAMILY AND COMMERCIAL GENERAL ZONING DISTRICTS ON THE VILLAGE OF PALM SPRINGS OFFICIAL ZONING MAP, AND BEING MORE FULLY DESCRIBED IN EXHIBIT A ATTACHED HERETO; PROVIDING DIRECTIONS TO THE VILLAGE CLERK; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Manager Reade advised the Council that these properties within the 2 nd Avenue North annexation area are located on the north side of 2 nd Avenue North, west of the E- 4 Canal and within the Lake Worth Road / Military Trail annexation area generally located on the east side of Military Trail, from Clinton Road south to Cross Street, and along both sides of Lake Worth Road east of the existing Village boundaries. The properties total acres and are currently developed with commercial, single family and multi-family uses. The Land Development Board recommended approval at their December 9, 2014 meeting. Mayor Smith stated this was a public hearing and asked for questions or comments from the Council and then from the public. Hearing none, Village Attorney Torcivia read the ordinance by title. A motion to approve on first 4

5 reading was made by Council Member Brinkman and seconded by Vice Mayor Escalada. Motion carried ORDINANCE NO (FIRST READING) AN ORDINANCE OF THE VILLAGE OF PALM SPRINGS, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A NUNC PRO TUNC AGREEMENT WITH SUNSHINE CITY BBQ, INC., LESSEE AND OPERATOR OF A MOBILE FOOD TRAILER ON THE HOME DEPOT PROPERTY, LOCATED AT 4241 LAKE WORTH ROAD; PROVIDING FOR USE AND DEVELOPMENT REQUIREMENTS AND ALLOWANCES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Manager Reade advised the Council that this agreement is recommended to be approved to recognize the County-issued Special Permit for the hot dog cart operating in front of the Home Depot store on Lake Worth Road. The Agreement would provide for the continuation of the mobile food trailer for a twelve (12) year period with specified hours of operation, subject to continued authorization by the property owner to operate on the premises; and includes provisions for allowances and requirements for development that, in some cases, differ from Village code. Mayor Smith stated this was a public hearing and asked for questions or comments from the Council and then from the public. Shannon O Keefe thanked the Council for helping to keep their business in place. Hearing no further comments, Village Attorney read the ordinance by title. A motion to approve on first reading was made by Council Member Brinkman and seconded by Mayor Pro Tem Gunther. Motion carried RESOLUTION NO (ABANDONMENT) A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA, ABANDONING ALL RIGHT, TITLE, AND INTEREST IN AND TO AN UNIMPROVED TEN FOOT WIDE ROAD RIGHT-OF-WAY ALLEY GENERALLY ABUTTING A COMMERCIAL PROPERTY AT ND AVENUE NORTH, IN THE VILLAGE OF PALM SPRINGS, FLORIDA, AND WHICH IS EVIDENCED BY THE RECORD PLAT OF BELLE VUE PARK ADDITION PLAT, PLAT BOOK 13 AT PAGE 67, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND BEING MORE FULLY DESCRIBED IN EXHIBIT A ATTACHED HERETO; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS, PROVIDING FOR RECORDATION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Manager Reade advised the Council that the platted alley bisects the owner s property into two separate parcels and results in underutilization of commercial property 5

6 since the alley cannot be encumbered. Upon abandonment of the public interest, interest or title will transfer solely to the applicant. The value of the 10 foot alley has been appraised at $6,500. The Applicant has provided written confirmation from utility companies that there are no facilities within the alley, and they do not object to the abandonment. Additionally, the property owner at the eastern terminus of the alley has provided written confirmation that he does not object to the abandonment. Mayor Smith stated this was a public hearing and asked for questions or comments from the Council and then from the public. Filomena Manera, owner of the property, stated that once the two parcels were unified, the properties would be developed as a two-story office building and hopefully would be completed in less than the three years required. Hearing no further comments, Village Attorney Torcivia read the resolution by title. A motion to approve was made by Mayor Pro Tem Gunther and seconded by Vice Mayor Escalada. Motion carried RESOLUTION NO (SITE PLAN) A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA, (APPROVING/DENYING), WITH CONDITIONS, THE SITE PLAN (SPR15-01) SUBMITTED BY YVETTE LOUKA, TO CONVERT AN EXISTING 969 SQUARE FOOT RESIDENTIAL HOME INTO A PROFESSIONAL OFFICE BUILDING, FOR THE PROPERTY LOCATED AT TH AVENUE NORTH; AND ESTABLISHING AN EFFECTIVE DATE. Manager Reade advised the Council that, along with the site plan, the Applicant had requested setback and loading area variances, which the Land Development Board had approved at their meeting on December 9, Staff and Board recommended revisions to the site plan had eliminated further variances. The Applicant had complied with all 26 conditions of approval on this revised site plan. Mayor Smith stated this was a public hearing and asked for questions or comments from the Council and from the public. In response to questions from Council, the Applicant responded that the office building would be hers and the fences noted were existing fences. Hearing no further comments, Village Attorney Torcivia read the resolution by title. A motion to approve was made by Vice Mayor Escalada and seconded by Council Member Brinkman. Motion carried RESOLUTION NO (AGREEMENT) A RESOLUTION OF THE VILLAGE OF PALM SPRINGS, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN ALLEY MAINTENANCE AGREEMENT WITH CHONG FAMILY INVESTMENT, INC., OWNERS OF SHORES PLAZA, LOCATED AT 1946 SOUTH CONGRESS AVENUE; AND PROVIDING AN EFFECTIVE DATE. Manager Reade advised the Council that the service alley is depicted on the Plat 6

7 of Congress Heights (Plat Book 25, Page 192); and while it is not specifically dedicated to the public, public interest can be inferred. Staff found that the alley serves only Shores Plaza and serves no other public interest. This area is not of sufficient width to serve as a loading area / garbage collection area / circulation route, therefore, the alley is necessary for efficient operation of the commercial plaza. Chong Family Investments has agreed to make all of the necessary repairs and take on the maintenance of this alley. Once the agreement has been approved, the Village will remove the barricades presently in place for safety concerns. Mayor Smith stated this was a public hearing and asked for questions or comments from the Council and then from the public. Questions concerning future abandonment, split of property owners, and Lake Worth Drainage District concerns were discussed. Hearing no further questions, Village Attorney Torcivia read the resolution by title. A motion to approve was made by Council Member Brinkman and seconded by Mayor Pro Tem Gunther. Motion carried RESOLUTION NO A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA, ANNOUNCING QUALIFICATIONS AND THE QUALIFYING TIME FOR CANDIDATES FOR THE GENERAL ELECTION ON MARCH 10, 2015; DESIGNATING VOTING LOCATIONS; APPOINTING THE CANVASSING BOARD; ASSIGNING THE SUPERVISOR OF ELECTIONS TO HANDLE THE ABSENTEE BALLOTS; PROVIDING FOR A RUN-OFF ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Staff: Virginia Walton, Village Clerk Manager Reade advised the Council that Polling locations for the 19 Precincts within the Village will be consolidated into two (2) locations within the Village Complex - Village Hall and the Village Library. As a result of new requirements by the Supervisor of Elections, it was recommended that the Village s Canvassing Board include the Village Clerk, the Deputy Village Clerk and the Supervisor of Elections. Additionally, the Village Clerk would represent the Village at the Elections facilities in Riviera Beach on all occasions as required. Mayor Smith stated this was a public hearing and asked for questions or comments from the Council and then from the public. Hearing no comments, Village Attorney Torcivia read the resolution by title. A motion to approve was made by Vice Mayor Escalada and seconded by Mayor Pro Tem Gunther. Motion carried 4 0. ACTIONS AND REPORTS 16. Discussion of Business Tax Receipts for Outdoor Sales Land Development Director Glas-Castro stated that when this issue was first brought to the attention of Council last year, it was thought that only a handful of businesses were involved; however, a more in depth search was done and there are 7

8 quite a few more businesses. The businesses were not categorized or billed consistently, thus causing the problem. Staff was suggesting that for this year, the fees remain as is and refunds be issued to those businesses that were overcharged. Individual letters would go out explaining the new categories and new business tax rate; along with a plan to incrementally correct these tax rates over one or two years. Depending on the property, the increase might range from $115 to $1,500. After discussion, Council consensus was to approve Staff s suggestions. VILLAGE MANAGER COMMENTS 1. The Clean Up Project on Lakewood Road was scheduled for January 17 th, and was being spearheaded by a resident, Dawn Cox. Ms. Cox has also applied to become a member of the Land Development Advisory Board. 2. The Village will be closed for Martin Luther King Day on January 19 th. 3. Further information on the Stormwater Fee would be coming to Council soon. 4. The Village would be hosting a Palm Beach County League of Cities Meeting in July. 5. Welcome to Bevin Beaudet, who has been with the Village about a month now and was doing a great job. 6. January 21 8AM was the required Ethics Training at Palm Beach State College. VILLAGE COUNCIL COMMENTS Vice Mayor Escalada welcomed Mr. Beaudet and the knowledge that he could bring to the Department and the Village. Thanks to Staff for the great evening of the Decorating Contest Judging. In response to comments on the holiday banners, Vice Mayor Escalada commented that as we expanded by annexation, the Council was not expecting less service. If funds were needed, then Staff needed to ask Council. Council Member Brinkman stated that the annexation reports now being provided gave Council a chance to realize the increase in staff would be needed in the future. Regarding the banners, it was a good idea to expand their use to the new areas to make the residents feel welcome. Village Attorney Glen Torcivia encouraged all the Council to attend the Ethics Training and wished everyone a Happy New Year. Mayor Pro Tem Gunther also wished everyone a Happy New Year and commented that he was glad to see the holiday banners expanded and hoped to move forward with more new ones. He was ending a two week vacation for the holidays, wrapping up his third term on Council and looking forward to a 4 th. Mayor Smith thanked Staff for the Decorating Contest Judging night and the 8

9 Santa Ride. It was a lot of work but worth it when you see the kids and adults coming out. Happy New Year and she looked forward to the redevelopment plans for the future. Mayor Smith added she would run for Mayor again, enjoyed serving and felt the current Council worked well together. Mayor Smith also added she was glad to see the Hot Dog Stand would be staying at Home Depot. ADJOURNMENT Hearing no further business, Mayor Smith adjourned the meeting at 7:34 p.m. Respectfully submitted, Village Clerk Approved by Council Mayor 9