VILLAGE OF PALM SPRINGS VILLAGE COUNCIL MINUTES REGULAR MEETING, COUNCIL CHAMBERS, JULY 25, 2013

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1 VILLAGE OF PALM SPRINGS VILLAGE COUNCIL MINUTES REGULAR MEETING, COUNCIL CHAMBERS, JULY 25, 2013 CALL TO ORDER, ROLL CALL, INVOCATION, AND PLEDGE OF ALLEGIANCE Mayor Bev Smith called the regular meeting of the Village Council to order at 7:30 p.m. Present: Mayor Bev Smith, Vice Mayor Patti Waller, Council Member Doug Gunther, Council Member Joni Brinkman, Village Manager Karl E. Umberger, Village Attorney Glen J. Torcivia, and Village Clerk Virginia M. Walton. Mayor Pro Tem Sergio Escalada was absent. Staff present were Public Safety Capt. Robert Perez, as Sergeant at Arms, Land Development Planner Lauren McClellan, CFO Rebecca L. Morse, Public Service Director Bill Davis and Leisure Services Director Bill Golson. Invocation was given by Village Manager Karl E. Umberger, followed by the Pledge of Allegiance led by Council Member Brinkman. ADDITIONS, DELETIONS OR MODIFICATIONS, AND APPROVAL OF AGENDA A motion to accept the agenda as presented was made by Council Member Gunther and seconded by Council Member Brinkman. Motion carried 4 0. CONSENT AGENDA 1. Minutes of July 11, 2013 Regular Council Meeting Staff: Virginia Walton, Village Clerk 2. Police Department Forfeiture Fund expenditure in the amount of $3, to purchase and install a card access system for the police building. Staff: Chief Tom Ceccarelli, Public Safety Director A motion to approve the consent agenda as presented was made by Vice Mayor Waller and seconded by Council Member Gunther. Motion carried 4 0.

2 PUBLIC COMMENT Gary Ready, 3118 Meadow Road, wanted to take the opportunity of his last official meeting to thank Manager Umberger for everything he has done for Palm Springs and to wish him well in his retirement. PUBLIC HEARINGS 2. ORDINANCE NO (SECOND READING) AN ORDINANCE OF THE VILLAGE OF PALM SPRINGS, FLORIDA, ANNEXING A PARCEL OF LAND CONSISTING OF ACRES OWNED BY PERRY L. MASSIE TRUST/MASSIE FAMILY TRUST; LOCATED AT ND AVENUE NORTH; AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; AND CONCURRENTLY AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE VILLAGE TO COMMERCIAL, 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 COMMERCIAL GENERAL ZONING DISTRICT ON THE VILLAGE OF PALM SPRINGS OFFICIAL ZONING MAP; PROVIDING DIRECTIONS TO THE VILLAGE CLERK; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Staff: Bette Lowe, Land Development Director Notice of public hearing was placed in the Lake Worth Herald on July 4 and July 11, There were no ex parte communications disclosed. Village Attorney Torcivia read the ordinance by title. Mayor Smith asked if there was any presentation by Staff. Manager Umberger responded presentation had been given at first reading. Mayor Smith then stated this was a public hearing and asked for questions or comments from the Council and then from the public. Hearing no comments, a motion to adopt on second reading was made by Council Member Brinkman and seconded by Council Member Gunther. A roll call vote was in favor of adoption ORDINANCE NO (FIRST READING) AN ORDINANCE OF THE VILLAGE OF PALM SPRINGS, FLORIDA, ANNEXING A PARCEL OF LAND CONSISTING OF ACRES OWNED BY ALL AIR CONDITIONED SELF STORAGE INC.; LOCATED AT 2745 LAKE WORTH ROAD; AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; AND CONCURRENTLY AMENDING THE 2

3 COMPREHENSIVE LAND USE PLAN OF THE VILLAGE TO COMMERCIAL, 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 COMMERCIAL GENERAL ZONING DISTRICT ON THE VILLAGE OF PALM SPRINGS OFFICIAL ZONING MAP; PROVIDING DIRECTIONS TO THE VILLAGE CLERK; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Staff: Bette Lowe, Land Development Director Manager Umberger advised the Council that this property currently had a land use and zoning from Palm Beach County of Urban Infill. The Land Development Board had recommended approval of this request at their meeting on July 9, Palm Beach County has submitted a letter objecting to the proposed annexation as not meeting the standards of Chapter 171, Florida Statutes, in not being contiguous and promoting efficient provision of urban services. Mayor Smith asked for questions or comments from the Council. Council Member Brinkman asked Village Attorney Torcivia if the objection of County that the property was tip to tip rather than contiguous was correct. Village Attorney Torcivia stated the property was contiguous. When asked if this annexation was voluntary or involuntary, Manager Umberger responded it was involuntary, in part due to the inability of the County to deal with the homeless issues in that area. or comments from the public. Patricia Behn, representing Palm Beach County, produced a copy of the Palm Beach County Letter of Objection, as well as a letter from the Palm Beach Sheriff s Office. Mayor Smith stated Council had not been aware of the letter from the Sheriff s Office and would review prior to second reading. Mayor Smith thanked Ms. Behn for coming and for her comments, but the Council was not in agreement with those comments and would proceed with first reading. Hearing no further comments, Village Attorney Torcivia read the ordinance by title. A motion to adopt on first reading was made by Vice Mayor Waller and seconded by Council Member Brinkman. Motion carried ORDINANCE NO (FIRST READING) AN ORDINANCE OF THE VILLAGE OF PALM SPRINGS, FLORIDA, ANNEXING A PARCEL OF LAND CONSISTING OF.3114 ACRES OWNED BY TRAIL PROPERTIES, INC.; LOCATED AT 1616 SOUTH MILITARY TRAIL; AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED 3

4 HERETO; AND CONCURRENTLY AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE VILLAGE TO COMMERCIAL, 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 COMMERCIAL GENERAL ZONING DISTRICT ON THE VILLAGE OF PALM SPRINGS OFFICIAL ZONING MAP; PROVIDING DIRECTIONS TO THE VILLAGE CLERK; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Staff: Bette Lowe, Land Development Director Manager Umberger advised the Council that this property currently had a land use and zoning from Palm Beach County of Urban Infill. The Land Development Board had unanimously recommended denial of this request at their meeting on July 9, 2013, due to their opposition to the annexation agreement that went with the annexation. Public Safety and Utilities do not believe this annexation will have any adverse impact on services. Mayor Smith asked for questions or comments from the Council. Council wanted to know the reasons for denial by the Land Development Board. Manager Umberger stated that 1) any contiguous property would leave the door too wide open, and 2) the property behind this parcel was part of the agreement even though there were separate owners at present. Egress to the lots was an issue. Council Member Brinkman felt the agenda was out of order and the annexation agreement should have been prior to this ordinance. Council Member Brinkman added that she would be in favor of this annexation, but would not be in favor of the accompanying agreement. or comments from the public. Hearing no comments, Village Attorney Torcivia read the ordinance by title. A motion to adopt on first reading was made by Vice Mayor Waller and seconded by Council Member Gunther. Motion carried RESOLUTION NO (SITE PLAN/SPECIAL EXCEPTION USE) SPRINGS, FLORIDA, (APPROVING/DENYING), WITH CONDITIONS, THE SITE PLAN (SPR13-05) AND SPECIAL EXCEPTION USE (PSSE13-04) SUBMITTED BY KIDDIE HAVEN PRESCHOOL INC., FOR RENOVATION OF AN EXISTING 3,234 SQUARE FOOT BUILDING IN PHASE 1 AND AN ADDITIONAL 1,000 SQUARE FEET IN PHASE 2, TO BE LOCATED AT 2783 GULFSTREAM ROAD, ADJACENT OT THE EXISTING PRESCHOOL 4

5 LOCATED AT 1825 GULFSTREAM ROAD; AND ESTABLISHING AN EFFECTIVE DATE. Staff: Bette Lowe, Land Development Director Notice of public hearing was placed in the Lake Worth Herald on July 4, There were no ex parte communications disclosed. Manager Umberger advised the Council that the Land Development Board had recommended approval at their meeting on July 9, Mr. Pedro Tirado was sworn in to give testimony. Mr. Tirado stated that they had purchased the original property in 1999 to establish the daycare facility. By 2010, they had received approval to increase from 60 to 128 children and they were very successful with the facility. Their neighbor has offered them the opportunity to buy the house next door and expand their facility. In doing this plan, they would be able to increase the required square footage per child, including two baby rooms, and almost double the playground space. The new license would allow for a total of 208 children. Mayor Smith asked for questions or comments from Council. Questions were raised about whether public notices were mailed to neighboring properties, was there an interior square footage requirement, and questions about traffic. Village Planner McClellan responded that the interior square footage was 35 square feet per child and they met the requirement. Also, the Applicant had traffic approval. Mr. Tirado stated that there were approximately 60 children in three Pre-K classes now, which ran from 9 am to 12 noon. Half those children were picked up at noon and the rest stayed for after care. With the additional acreage, there would be less traffic concentrated in one area. Mayor Smith stated this was a public hearing and asked for comments from the public. Hearing none, Village Attorney Torcivia read the resolution by title. A motion to approve was made by Council Member Brinkman and seconded by Council Member Gunther. One additional question from Council was for the new daily traffic increase in trips. Village Planner McClellan responded it would be 32 in the AM and 33 in PM, but shifts were not calculated in. The calculations were based on the maximum of 208 children, which may or may not happen. Motion carried RESOLUTION NO (AGREEMENT) SPRINGS, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT WITH TRAIL PROPERTIES, INC., OWNER OF A PARCEL OF LAND, TOTALING ACRES, LOCATED AT

6 SOUTH MILITARY TRAIL, FOR VOLUNTARY ANNEXATION INTO THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Staff: Bette Lowe, Land Development Director Manager Umberger advised the Council that this agreement was in conjunction with the annexation ordinance. The agreement permits the property as it currently exists to be used for: any permitted use by right in the Commercial General land development district; motor vehicle sales and/or rental; indoor minor repair facilities; and/or outdoor overnight storage of inventory vehicles for a motor vehicle sales establishment. Additionally, if at any time the applicant acquires adjacent property or properties, this Agreement would allow them to combine it, through a unity of title with the subject property, and develop a larger project. This Agreement is proposed to run with the land and can be transferred to any successor or assign. At their meeting on July 9, 2013, the Land Development Board had unanimously voted to deny the request. It was felt the language of the agreement would allow circumventing the Village Land Development Code. Modifications to the agreement have been made after the Land Development Board Meeting so that only two parcels would be included in the agreement. Mayor Smith asked for questions or comments from Council. Council Member Brinkman stated she could not support an agreement that changes a land use which would normally go through special exception or variance process; and the Council had just adopted an ordinance allowing vehicle sales on a parcel, but having a size requirement. This does not meet that ordinance. Manager Umberger responded that if the parcel was already in the Village, then yes it would have to follow code; however, this parcel is not yet in the Village, but was the means to get to another parcel of 12 acres. This agreement would just allow the owners to recoup their costs until they can acquire the other site. Council Member Brinkman responded that the Applicant does not now own the 12 acres, but the neighbors will have to live with a car lot until then and there is no guarantee the owner of the 12 acre site wants to sell. or comments from the public. Hearing none, Village Attorney Torcivia read the resolution by title. A motion to approve was made by Vice Mayor Waller and seconded by Council Member Gunther. Motion carried 3 1, with Council Member Brinkman dissenting. 6

7 7. RESOLUTION NO (MILLAGE) SPRINGS, FLORIDA, TENTATIVELY ESTABLISHING A MILLAGE RATE FOR THE FISCAL YEAR; SETTING REQUIRED PUBLIC HEARINGS; AND PROVIDING AN EFFECTIVE DATE. Staff: Karl Umberger, Village Manager Manager Umberger advised the Council that the gross taxable value for the fiscal year is $625,947,068 which is an increase of $46,379,008 over fiscal year The rolled-back rate is calculated at $ per $1,000 of taxable value. The Village General Fund Budget is based on a proposed millage rate of $ per $1,000 of taxable value. The taxable value for debt service purposes is $628,117,440. The millage rate required to pay the general obligation debt for fiscal year is $ per $1,000 of taxable value. The combined millage rates for fiscal year ( operating debt) are less than the combined millage rates for fiscal year ( operating debt) by.0403 mills. The increase in operating millage is necessary to cover the increased cost of operations and a positive step towards the target unassigned fund balance of 20-25% of the next fiscal year budget. Mayor Smith asked for questions or comments from Council. Mayor Smith stated that this issue had been thoroughly discussed at the budget workshop and examples shown by CFO Morse were clear that a home in Palm Springs that in 2008 had paid $600 in taxes, now only paid $152. In 2008 the ad valorem contributions were at 40% of budget, but were now only 17%. It was clear that this tweak to the millage was necessary for survival of all Village services until the economy has time to recover more. or comments from the public. Hearing none, Village Attorney Torcivia read the resolution by title. A motion to approve was made by Council Member Brinkman and seconded by Vice Mayor Waller. Motion carried RESOLUTION NO (NON AD VALOREM) SPRINGS, FLORIDA, ADOPTING A PRELIMINARY NON-AD VALOREM ASSESSMENT ROLL FOR FISCAL YEAR , SO AS TO PROVIDE A UNIFORM METHOD FOR COLLECTING A NON-AD VALOREM ASSESSMENT FOR GARBAGE, TRASH AND RECYCLABLES COLLECTION 7

8 SERVICES AND RELATED SERVICES ON THE PALM BEACH COUNTY TAX NOTICES; AND PROVIDING AN EFFECTIVE DATE. Staff: Karl Umberger, Village Manager Manager Umberger advised the Council that the Council originally established the uniform method for collecting garbage, trash and recyclables services on the Palm Beach County Tax Notices by adoption of Resolution No in July This resolution included all parcels within the incorporated municipal boundaries of the Village of Palm Springs at that time, as well as including all parcels subsequently annexed into the Village. The Council has adopted a corresponding resolution each year in July setting rates for the upcoming fiscal year. The non ad valorem rates are calculated to coincide with rates established by Republic Services of Palm Beach and divided into code categories provided by the Palm Beach County Property Appraisers Office to Solid Waste Authority, who is providing the billing services for the Village. The rates for fiscal year will be the same as last year at: Single Family Homes $144.00; Multi-Family Homes $90.00; and Mobile Homes $ or comments from the Council and then from the public. Hearing none, Village Attorney Torcivia read the resolution by title. A motion to approve was made by Council Member Gunther and seconded by Council Member Brinkman. Motion carried 4 0. REGULAR AGENDA 9. RESOLUTION NO (AGREEMENT) SPRINGS, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AGREEMENT WITH THE TOWN OF LAKE CLARKE SHORES FOR PUBLIC SAFETY COMMUNICATION DISPATCH SERVICES FOR A FIVE-YEAR PERIOD; PURSUANT TO SECTION , FLORIDA STATUTES, ET SEQ.; AND PROVIDING FOR AN EFFECTIVE DATE. Staff: Chief Tom Ceccarelli, Public Safety Director Manager Umberger advised the Council that this would be a renewal for dispatch services, which the Village has been providing to Lake Clarke Shores for ten years. In return for these dispatch services for the five year period of the agreement, the Town of Lake Clarke Shores agrees to pay the Village $41, on October 1, 2013 for the first year, and on October 1 st 8

9 of each of the following years, plus an additional 3% or an annual adjustment by the Consumer Price Index, whichever is greater. or comments from the Council and then from the public. Hearing none, Village Attorney Torcivia read the resolution by title. A motion to approve was made by Council Member Brinkman and seconded by Council Member Gunther. Motion carried 4 0. VILLAGE COUNCIL COMMENTS Council Member Gunther commented that even though it was hot outside, he still went for his evening strolls and everything around the Village was looking good. The lighting project seems to be moving along. Director Golson responded they were ahead of schedule. Mayor Smith commented to Director Davis that she liked the sidewalk area over the blacktop near Frost Lake very much. The South side was better than the North side. Mayor Smith also acknowledged new Village Manager Richard Reade in attendance tonight. ADJOURNMENT Hearing no further business, Mayor Smith adjourned the meeting at 8:14 p.m. Respectfully submitted, Village Clerk Approved by Council Mayor 9