TOWN OF HAVERHILL TOWN COUNCIL REGULAR MEETING THURSDAY, MARCH: 28, 2024 6:00 P.M. OR IMMEDIATELY FOLLOWING THE LOCAL: PLANNING AGENCY MEETING OFFICIAL MINUTES  The regular monthly meeting of the Haverhill Town Council was held on Thursday, March 28,  2024, at the Town Hall, 4585 Charlotte Street, Haverhill, FL. Mayor Foy called the meeting to order at 6:28 p.m.  CALL TO ORDER ROLL CALL  Town Administrator Stevens called the roll and Council Members present were Mayor Jay G. Foy, Vice Mayor Lawrence Gordon, Council Member Ray Caranci, Council Member Teresa Johnson, and Council Member Dennis Withington. Town Staff present included Town Attorney John Foster, Town Administrator Tracey Stevens, and Town Engineer Todd McLeod. With a  quorum present int the Council Chambers, the meeting proceeded.  COMMENTS FROM THE PUBLIC  David London, 760 Palm Tree Lane, inquired as to why the street lights were out for an extended period oft time. Hei indicated that it was challenging navigating the sidewalks while the lights were out, especially in the areas where the County's sidewalks need to be repaired. He also mentioned that the parking along his street needs to be addressed, as it is challenging for folks with mobility issues to navigate the blocked sidewalks. He implored the Council to address parking when it reviews development applications sO this won't happen in future developments. REORGANIZATION AND SWEARING IN OF TOWN COUNCIL MEMBERS A. Swearing in of Council Members Ray Caranci & Dennis Withington Town Attorey Foster swore in newly re-elected Council Members Ray Caranci and Dennis  Withington.  B. Elect Mayor & Vice Mayor for the Ensuing Year  Council Member Withington nominated Jay Foy as Mayor for the ensuing year; seconded by  Council Member Caranci.  Mayor Foy called for any other nominations, and there were none. Mayor Foy called the vote and the motion carried 5-0.  Mayor Foy nominated Lawrence Gordon as Vice Mayor for the ensuing year; seconded by Council Member Johnson nominated Council Member Johnson as Vice Mayor for the ensuing Mayor Foy called the vote, which was 4-1 in favor of Vice Mayor Gordon, and 1-4 in favor of  Council Member Withington.  year. There was no second to the nomination.  Council Member. Johnson.    REGULARTOWN COUNCIL MEETING MINUTES OF MARCH 28, 2024  APPROVAL OFT THE AGENDA there were none.  Mayor Foy inquired if there were any additions, deletions, or modifications to the agenda, and Council Member Johnson moved to approve the agenda as submitted; seconded by Vice  Mayor Gordon. Motion carried 5-0. APPROVAL OF THE CONSENT. AGENDA Council Member Johnson. Motion carried 5-0. PROCLAMATIONS AND PRESENTATIONS There were no proclamations or presentations scheduled.  1. Approval of the Minutes of the February 22, 2024, Regular Meeting Council Member Caranci moved to approve the consent agenda as submitted; seconded by  COMMENTS FROM' THE PALM BEACH COUNTY SHERIFF'S OFFICE (PBSO) Deputy Maldonado reported on the statistics for the last 30 days which included fraud where the victim' 's debit card was intercepted in the mail and used out of the county; assisting West Palm Beach Police with a stolen vehicle recovery; a verbal disturbance between acquaintances in a commercial business parking lot; 111 traffic stops; and 701 business/residence checks. Council Member Johnson asked for clarification on an address, and Deputy Maldonado stated he  would get back to staff with the answer.  COMMENTS FROM PALM: BEACH COUNTY FIRE RESCUE  Acting District Fire Chief Craig Spiegelhalter reported on the statistics for the month of] February which included 14 medical calls, 3 motor vehicle accidents, 2 fire alarms, 2 assist/investigations for smoke in the area, and 11 hazardous situation with downed power lines, for at total of22 events. The average response time was 7.10. He distributed the Fire Department annual reports, and described other events and initiatives that the Fire Department has recently been involved with. He mentioned that District Chief Tracey Adams will be returning to duty next week. Town Administrator Stevens thanked Chief Spiegelhalter for the seamless transition and being  extremely helpful while Chief Adams was away. PUBLIC HEARINGS & ORDINANCE READINGS  2. First Reading and Transmittal of Ordinance No. 522: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF HAVERHILL, PALM BEACH COUNTY, FLORIDA, PURSUANT1 TO AN APPLICATION FOR VOLUNTARY ANNEXATION FILED WITH THE TOWN BY MERITAGE HOMES OF FLORIDA, INC., A FLORIDA CORPORATION, AS AGENT, ANNEAING WITHIN THE CORPORATE AREA OF THE TOWN OF HAVERHILL, FLORIDA, FIVE (5) PARCELS OF REAL PROPERTY COMPRISING A TOTAL OF 12.553 ACRES, SAID REAL PROPERTY BEING LOCATED IN UNINCORPORATED PALM BEACH COUNTY APPROXIMATELY 0.22 MILES NORTH OF SOUTHERN BOULEVARD, 0.91 MILES WEST OF MILITARY TRAIL, AND 2.30 MILES EAST OF THE FLORIDA TURNPIKE, AS MORE PARTICULARLY DESCRIBED HEREIN AND AS DEPICTED ON THE SURVEY AND MAP ATTACHED HERETO; DECLARING THAT THE VOLUNTARY ANNEXATION APPLICATION BEARS THE SIGNATURES OF THE OWNERS OF THE REAL PROPERTY TO BE ANNEXED HEREBY; FINDING THAT THE AREA TO BE ANNEXED IS CONTIGUOUS TO THE TOWN, REASONABLY COMPACT AND WILL NOT RESULT IN THE CREATION OF ANY ENCLAVES, AND IS IN ACCORDANCE WITH THE  Page 2of8    REGULAR TOWN COUNCIL MEETING MINUTES OF MARCH 28, 2024  VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; AMENDING APPENDIX A OF SECTION 1.02 OF ARTICLEIOF THE TOWN CHARTER BY REDEFINING THE CORPORATE LIMITS AND BOUNDARIES OF THE TOWN TO INCLUDE THE ANNEXED REAL PROPERTY IN THE TOWN'S OFFICIAL BOUNDARY MAP; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF STATE, THE PALM BEACH COUNTY CLERK OF COURT, THE COUNTY ADMINISTRATOR FOR PALM BEACH COUNTY AND OTHERS, AND PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING FOR CORRECTION OF SCRIVENER'S ERRORS, AND AN The Council dispensed with the reading of Ordinance No. 522 since the title was read earlier Town Attorney Foster stated that the recommendation from the Local Planning Agency is to postpone/continue this hearing to the date certain of April 25, 2024, at 6:00 p.m. at Haverhill Council Member Withington moved to postpone/continue this hearing to the date certain of April 25, 2024 at 6:00 p.m. at Haverhill Town Hall located at 4585 Charlotte Street, Haverhill, Florida; seconded by Vice Mayor Gordon. Motion carried 5-0.  EFFECTIVE DATE.  during the Local Planning Agency portion of the meeting.  Town Hall located at 4585 Charlotte Street, Haverhill, Florida.  REGULAR. AGENDA  3. Request from the Owners of 536 & 550 Tall Pines Rd for a Driveway Variation Town Engineer McLeod reported that the owners of 536 and 550 Tall Pines Road are proposing to construct as shared driveway which would require a driveway variation to eliminate the 5-foot side setback on the east side of536 Tall Pines and eliminate the 5-foot side setback on the west side of550 Tall Pines. He indicated that the 5-foot side driveway setback is intended to: minimize storm runoff from one lot from flowing directly onto the neighboring property by allowing a pervious space between adjacent driveways/1 lots. The side driveway setback also allows pervious areat to slow and reduce storm runoff from entering the Town's right-of-way and drainage systems. He stated that as the variation for a shared driveway would eliminate the pervious buffer, ift the Council decides to approve the variations, he recommends the following engineering a. The new: shared driveway shall be constructed from aj pervious pavement or paver system with underlying stone reservoir subbase to capture storm runoff and minimize runoff b. An engineering plan shall be submitted to the Town documenting the pervious pavement or paver system and the retained stormwater volume (retained runoff volume shall be a The submitted engineering plan shall include proposed grading and a driveway swale to Town Engineer McLeod stated that staff met with the applicants and they have requested to install a catch basin and trench drain, and pipe it to a retention system on their property, along with placing a culvert underneath the driveway. He stated he does not have an objection to that Town Administrator Stevens stated that the applicants started work on the shared driveway without aj permit, and staffinformed them that they would need a variation approved by the  Pursuant to Town Code Section 53-319()  conditions of approval:  entering the adjacent lot and Town right-of-way. minimum ofthe 5 year - 24-hour rainfall).  prevent runoff from directly "sheet flowing" into Tall Pines Road.  method.  Page 3of8    REGULARTOWN COUNCIL MEETING MINUTES OF MARCH 28, 2024  Council prior to continuing, and if approved, would need al building permit prior to continuing the work. She also mentioned that even though the current owners oft the property have no objection to sharing a driveway, future owners may not share that approach. She cautioned the Council The owners oft the two properties, Greta Moya of 536 Tall Pines Rd, and Patrick Aceti of 550T Tall Pines Rd, spoke to the Council. Mr. Aceti apologized for beginning the work without a permit and indicated that they did not realize a permit was needed for aj paver driveway. He mentioned the lack of drainage on Talll Pines Rd and stated that he addressed the drainage on his property. Ms. Moya stated the pavers would not be aj permanent fixture, sO they were unaware they needed a permit. She stated that since the pavers are not permanent, any potential new owner could remove them if they wish. She also stated that they could construct the driveway with pervious Mayor Foy stated he has major concerns about constructing driveways that touch. He stated he understands the request to construct a driveway on 550 Tall Pines Rd to access the covered storage area but asked for clarification as to the need to construct the driveway on 536' Tall Pines. Ms. Moya responded that they will be constructing aj pool, and she would like the pool servicing company to have access to the back of the lot from that side of the property. Mayor Foy asked about the distance from the side of the house to the side lot line, and stated it appears from looking at the survey a vehicle would not be able to access the back of the lot in that area. Council Member Caranci agrees with staff that the driveways should not abut each other due to potential drainage issues and issues with potential new owners. He prefers seeing a buffer Vice Mayor Gordon asked if this request was only for aesthetic purposes, or to save money. He mentioned that pool service companies usually don't have a need to drive onto the property. He stated that new owners would potentially have a large cost to remove pavers ift they didn't want to share a driveway with the neighbors. He stated he can't see that it's absolutely necessary to Town Administrator Stevens stated that the code provides that no more than 30 percent of the front yard is utilized for parking, SO that figure would need to be calculated in the engineered Council Member Johnson agrees that the major concern is when the property changes hands. She suggests that the owners work with staff to come up with a plan that may work for all involved. Mayor Foy stated he cannot find justification for approving a variation to construct a driveway in the setbacks on 536 Tall Pines Rd. Town Attorney Foster stated that the affirmative finding the Council needs to make is that the variation is not contrary to the intent of the chapter. The Council could approve, disapprove, or approve with conditions. He stated that if the driveway is shared, there needs to be an easement. Mayor Foy mentioned that there would also need to be a removal agreement between the two owners which could potentially be a problem if there is a Council Member Caranci stated that if the Council is going to consider approving with conditions, it may be more sustainable in the future if there is some sort of separation between the  about approving a shared driveway due toi future potential ramifications.  pavers as recommended by the Town Engineer.  between the two driveways such as al hedge.  construct aj paver driveway in that area.  drawings.  new owner.  Page 4of8    REGULAR TOWN COUNCIL MEETING MINUTES OF MARCH 28, 2024  two, such as 2.5 feet on each side, totaling 51 feet in the middle with some sort of separation such Mr. Aceti asked if they could lay down rock as opposed to pavers, and Town Attorey Foster stated that the area needs to be constructed of a material that is acceptable to the Town Engineer, Council Member Caranci mentioned that maintaining a healthy pervious area on the lot is Council Member Caranci moved to postpone this item to April 25, 2024 to give staff the opportunity to work with the applicants to address the Council's concerns: seconded by Town Administrator Stevens cautioned the property owners not to do any more work on the 4. Request from the Owners of 5311 Club Rd for a Driveway Variation Pursuant to Town Engineer McLeod stated that the property has an existing driveway on the North side of Club Road and the request is to widen the driveway to the property line to provide access to the rear oft the property where ai motor home is parked. He stated that an addition to the house juts out Town Administrator Stevens stated that the driveway was already constructed without a permit, and staff notified the owner that since it was constructed in the side setback, a variation would be Town Engineer McLeod stated that the portion of the driveway adjacent to the structure would Randy Salazar, the owner of 5311 Club Rd, stated that there was already an existing driveway, and they are trying to beautify the lot by installing pavers. He mentioned that hel has a tall transit van that is unable to go under the roofoverhang if he is not allowed to extend his driveway into the side setback. Without the variation, he will not be able to move his jet skis from the rear of the Mayor Foy asked if a permit was issued for the previous asphalt, and Town Administrator Town Administrator Stevens asked ifthe pavers would be going all the way to the fence which is on the property line, and Mr. Salazar confirmed. Town Administrator Stevens stated that the runoff may go onto the neighboring property if that is the case. Mayor Foy suggested curbing or Town Administrator Stevens stated that staff would need to see the survey to see if no more than 30 percent of the front yard will be utilized for parking in accordance with Town Code. Vice Mayor Gordon stated that the Council tries to work with owners sO they can enjoy their  as al hedge. The Council agreed.  and rock is generally not acceptable as it washes out into the street.  important for drainage purposes.  Council Member Withington. Motion carried 5-0.  property without a permit.  Town Code Section 53-319()  around 13 feet which reduces their area for the driveway.  needed from the Council prior to a building permit being issued.  need the variation.  property or park the van in the rear ofthe property.  Stevens was unsure.  ad design that would keep the runoff on the property.  property, while also making good decisions for the Town.  Page 5of8    REGULAR TOWN COUNCIL MEETING MINUTES OF MARCH 28, 2024  Mayor Foy stated that the Council needs to see an engineering plan SO they can make an informed decision. He would like to see conditions such as leaving the five feet as far back from the street as possible andj providing the protective barrier from the neighbor such as a curb or drain. Council Member Caranci moved to approve the request for variation conditioned upon limiting the area upon which the variation is granted to between the fence and the side of the house, and subject to the owner submitting an engineering plan addressing the protective barrier between the properties that is reviewed and approved by the Town Engineer upon submittal, and subject to legal review; seconded by Council Member 5. Request from D.R. Horton for a Bond Reduction for the Haverhill Courts Town Engineer McLeod: reported that D.R. Horton posted bond as required by Town Code: for the Haverhill Courts development and they have requested a bond reduction since most of the infrastructure work has been completed. D.R. Horton's Engineer, Civil Design, submitted an estimate of! how much work has been completed. Upon review, Town Engineer McLeod noticed that the individual sidewalks to the units need to be included in the estimate, and he Mayor Foy called for public comments. Brenan Lark of Civil Design stated that the developer is Vice Mayor Gordon moved to allow a bond reduction to $78,142 for the Haverhill Courts development; seconded by Council Member. Johnson. Motion carried 5-0. 6. Request from DISH Wireless to Lease Ground and Tower Space, and to Eliminate Town Administrator Stevens stated that the representative from DISH Wireless was ill and not able to attend the meeting, sO she is recommending that the Council postpone this item to the next Mayor Foy stated that he cannot recall why the Council had set the minimum height of 67 feet Council Member Withington moved to postpone this item to the meeting of April 25,2024: 7. Fifth Amendment to the New Cingular Wireless PCS, LLCT Tower Lease. Agreement Town Administrator Stevens stated that the representative from DISH Wireless was ill and not able to attend the meeting, sO she is recommending that the Council postpone this item to the next Council Member Johnson moved to postpone this item to the meeting of April 25, 2024; 8. Ratification of Expenditure of $350 from the Executive Department Advertising Line Item for an Advertisement in the Palm Beach County Caucus of Black Elected Mayor Foy noted that this is a procedural item to make it official on the record since this was  Withington. Motion carried 5-0.  Development  recommended changing the amount from $48,142to$ $78,142. willing to a reduction ofany amount that the Council chooses.  the Minimum Height Requirement  meeting.  and will ask staff at the next meeting.  seconded by Council Member Caranci. Motion carried 5-0.  meeting.  seconded by Council Member Withington. Motion carried 5-0.  Officials Scholarship Luncheon Pamphlet  approved at the last meeting without an item listed on the advertised agenda.  Page 6of8    REGULAR TOWN COUNCIL MEETING MINUTES OF MARCH 28, 2024  Vice Mayor Gordon moved to ratify the expenditure of $350 from the Executive Department advertising line item for an advertisement in the Palm Beach County Caucus of Black Elected Officials scholarship luncheon pamphlet; seconded by Council Member  Johnon. Motion carried 5-0. REPORTS 9. Town Attorney 10. Mayor  Town Attorney Foster had nothing to report.  Mayor Foy mentioned that the NPDES reports are due tomorrow, and the Town has already submitted its report. He mentioned that the NPDES annual training was held recently and the Town's representative, Karen Brandon, attended the training. Town Administrator Stevens stated that she attended thet training as well, along with staffr members Joe Petrick and Rodrick Jones. Mayor Foy reported that he attended the PBCLOC District II/III meeting and the major focus was the extension of the infrastructure surtax. He stated that even though the majority of municipalities submitted resolutions in favor of the extension, the County voted it down, as they want to present a transportation surtax package next year. He also noted that the School Board is going to present an infrastructure surtax package ofits own for the November ballot.  11. Town Administrator packages which included the following:  Town Administrator Stevens noted that her written monthly report was submitted in the Council  a. The County has applied for a CDBG grant to install basketball court lighting at Haverhill Park. Town Administrator Stevens will update the Council regarding b. Staff has noticed many cars parked on the grass and int the Town's swale areas along Charlotte & Concord which is causing damage, and staffi is requesting the ability to install "No Parking" signs along those areas, along with any other areas that are deemed necessary. There was Council consensus to do SO.  the grant application at a future date.  Mayor Foy thanked Town Administrator Stevens for following up on the street light outages in Council Member Withington inquired about the replacement of the racquetball courts in Haverhill Park, and Town. Administrator Stevens stated she will inquire with the County. Town Administrator Stevens reported that she asked' Town Engineer McLeod to provide aroad condition/grading report sO she can properly develop a capital improvements plan for road work. Council Member Caranci inquired about the status oft the traffic calming project, and Town Engineer McLeod stated that hei is working on scheduling aj pre-construction meeting with Wynn Mayor Foy stated he inquired with Town Administrator Stevens regarding the ARPA fund expenditures, and she reported back to him that the upcoming Tall Pines Rd drainage project  the Town. Most of the lights are now working.  & Sons.  would take up a large portion oft the funds that are left.  Page 7of8    REGULARTOWN COUNCIL MEETING MINUTES OF MARCH 28, 2024  12. Treasurer accepted by the Town Council.  The Treasurer's report for February 2024 was presented by Town Administrator Stevens and Council Member Johnson moved to receive and file the Treasurer's Report of February  2024: seconded by Council Member Caranci. Motion carried 5-0.  13. Committee Delegates  Vice Mayor Gordon reported that he and Council Member Johnson attended the Palm Beach County Caucus of Black Elected Officials Scholarship Luncheon which was a big success. He appreciates the Town's support for the scholarships. Council Member Johnson joined in thanking Council Member Johnson thanked Town Administrator Stevens for following up on the basketball court lighting in Haverhill Park, and noted the park is enjoyed by many in the Council Member Caranci asked about the Wellington area air control expansion and Council Member Johnson stated that the issue is regarding who regulates helicopters. Council Member Caranci noted that the airport noise has increased in Haverhill since the change was made. There was no unfinished business to come before the Council at this time. There was no new business to come before the Council at this time.  the Town.  community.  UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT 7:59 p.m. 2024. Approved:  There being no further business to come before the Town Council, the meeting was adjourned at Minutes prepared by Town Administrator Stevens and adopted by the Town Council on April 25,  )  B pg/foyMlayor  Tracey L. Stevens, Town Administrator  Page 8of8    SIGN IN SHEET TOWN OF HAVERHILL Thursday, March 28, 2024  LOCAL PLANNING AGENCY & REGULAR TOWN COUNCIL MEETING  6:00pm ADDRESS  NAME  EMAIL  Sean boib)e Ruh fongeni  TOH  kchahMtnw wrpre@yk L  Muipieli Mentage Fes uoelrhas Saca Mostesn 44553p8 Sa@voalaalpgwl  Jane Kezseny  4H9531D.1  Tonas MosTekivo 4553RAPRN bnolawPyacn  BanuSuympe $87775-Flakb  Utperpsker ON Kmeyuai@fc-s MALoesereA @ DBSUCRL stwhmaggeilye,  PRCR2 PBC wPB, FL3 31411 PBS0 3mhallesen j0980 TWA Cir   Aphew Aaowt Myn wechs S  bingn Zuk 14D0Leabees Bkbawl-lyna  928  TGLL Breok" ugpyually pur  W, T 537a1 bald  LL  I1  Kim Cob  5311 ClweD Kmicskegoplcon  Rondky Scora 531 ClbR  LL  '1  PBCFR  cSpeplepic-ge  760 Bhlkn Lonl4 Dhoadan  BE    SIGN IN SHEET TOWN OF HAVERHILL Thursday, March 28, 2024  LOCAL PLANNING AGENCY & REGULAR TOWN COUNCIL MEETING  6:00pm ADDRESS 2035 VISCA Pkwy 1551 N. Pladus  NAME  EMAIL  DoUG MURPAY SgsNiclols  CEST PALM BENZH FC Dw.KiRyewbf.con  raaleiladplenh  ARICE Mal 550 TAl-Es  Tedd Maled  (5C PE Lakes WB  fSnctyen  Melisa-mqciala 2035 VistaPuoy mimlhwefswicem