Regular Commission Meeting (2025-02-05)

February 05, 2025 Page 1 Lake Park Town Commission, Florida Regular Commission Meeting Minutes Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 Wednesday February 05, 2025 6:30 pm ______________________________________________________________________________ Roger Michaud __ Mayor Kimberly Glas-Castro __ Vice Mayor Michael Hensley __ Commissioner Mary Beth Taylor __ Commissioner Judith Thomas __ Commissioner Richard J. Reade __ 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 6:33 P.M. PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner Mary-Beth Taylor Commissioner Judith Thomas Commissioner Michael Hensley PLEDGE OF ALLEGIANCE Chief Rowley led the Pledge

February 05, 2025 Page 2 SPECIAL PRESENTATION/REPORT: -Palm Beach County Fire Rescue District Chief William Rowley provided information about a staffing enhancement at station 68. Chief Rowley stated they will provide information at the next meeting that will include average response times. 1. Proclamation in Honor of Palm Beach County Sheriff's Office District 10 Commander Captain Thomas Gendreau. Mayor Michaud presented the proclamation to Captain Thomas Gendreau. Captain Gendreau thanked the Town. Major Matino introduced the new Captain Steve Thibodeau. Captain Thibodeau expects the transition to be smooth and spoke about his experience and history with the Town. 2. Presentation by the Palm Beach County Sheriff's Office (PBSO) Homeless Intervention Unit. PBSO Deputy Mackey presented to the Commission (Exhibit A). Commissioner Taylor asked about what medical treatment would be available for the homeless. Deputy Mackey spoke about an organizations that employ the mentally ill. He also spoke about getting assistance through Medicare/Medicaid, getting approved for food stamps and possibly using Medicaid/Medicare to pay for assisted living. Commissioner Hensley asked what resources are available through the schools for homeless families. Deputy Mackey spoke about programs for aftercare, laundry services and free meals for students that are available. Commissioner Thomas asked how the homeless children are counted. Deputy Mackey advised that each school has their own way of counting. Commissioner Thomas asked about chronically homeless individuals and how they could receive a day shower. Deputy Mackey stated there are shower trucks that bring a shower and a washing machine and that showers were also available through St. Anne’s and The Lord’s Place.

February 05, 2025 Page 3 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. -John Linden suggested that the Town include the Evergreen House in their Sunset Celebration advertisements. 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 to move items 11 and 12 from New Business to Consent made by Vice-Mayor Glas- Castro. Commissioner Taylor seconded the motion. Voting Aye: All Public Comment Item #7: John Linden made a suggestion to have more than one mandatory meeting for the public to attend. 3. January 15, 2025 Regular Commission Meeting Minutes. 4. Resolution 06-02-25 Authorizing and Directing The Mayor to Execute the Agreement between the Town of Lake Park and Porta Potty To Go for Sunset Celebration Portable Restroom Service 5. Request to Authorize the Town Manager to Approve the Repair of Sanitation Vehicle #51. 6. Nomination of Lera Bradford to the Library Board. 7. Town Grantmaking Program Application - Proposed Revisions 8. Request to Authorize the Town Manager to Approve the Purchase of the Stump Grinder Attachment for the New Holland Skid Steer. 9. Bridges at Lake Park Pop Up Family Event Request. 10. Lake Park Elementary Field Day Request.

February 05, 2025 Page 4 11. Approval of the Interlocal Agreement with Palm Beach County Regarding the Distribution Formula for the Six (6) Cent Local Option Fuel Tax (Requested by the Palm Beach County League of Cities). 12. Resolution 07-02-25 Adoption of the Palm Beach County 2024 Local Mitigation Strategy (LMS) Plan. Motion to approve the consent agenda made by Commissioner Thomas, Seconded by Commissioner Hensley. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas, Commissioner Hensley. QUASI-JUDICIAL PUBLIC HEARING (RESOLUTION): NONE PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: NONE PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: NONE OLD BUSINESS: NONE NEW BUSINESS: NONE TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Baird had no comments Town Manager Reade asked for Commission consensus for a Proclamation for “Let’s Move Palm Beach County”. He also stated to the Commission that there have been communications with Mr. Aram and that he will be at the next Community Redevelopment Agency (CRA) meeting in March. CRA Administrator Allison Justice stated she had received communication from Mr. Aram that he would not be available on the date, but would be present at the following meeting. Public Works Director Jaime Morales provided the Commission with an update on the Southern Outfall projects. He stated that they will be joining the engineer of record for an inspection to address some complaints about vibrations, noise and smell near 301 Lake Shore Drive. Town Manager Reade spoke about the budget process, Sunset Celebration, upcoming office closures and sanitation schedule.

February 05, 2025 Page 5 Commissioner Hensley thanked staff for taking care of issues this week and asked for an update on stop lights/school lights. Commissioner Thomas asked if there will be a make-up scheduled for the cancelled Martin Luther King (MLK) day celebration. Special Events Director Riunite Franks stated that all of the activities that were to take place, will now take place at the February Black History Month event, but the band will be different. Commissioner Thomas stated for the record that there was an individual who was questioning the cancelled MLK event and she had directed that person to contact Ms. Franks directly. Special Events Director Franks stated that she had spoken with the individual. Commissioner Taylor is looking forward to the next Sunset Celebration. Vice-Mayor Glas-Castro stated she was interested in the summer budget schedule. Public Works Director Morales advised the Commission that the State is scheduled to come and see the Southern Outfall projects on February 20th and would like to schedule a subsequent visit for the Commission. The Commission agreed to this and the visit will be scheduled once a date can be agreed upon. Mayor Michaud stated he is looking forward to the Safe Streets Summit this week. He also stated he will be hosting a spelling be here in the Mirror Ballroom on Friday the 7 th from 2:45pm to 5pm. ADJOURNMENT: Motion to adjourn made by Commission Taylor, Seconded by Vice-Mayor Glas-Castro. Voting Aye: All Meeting adjourned 7:52 p.m. FUTURE MEETING DATE: Next Scheduled Regular Commission Meeting will be held on February 19, 2025.

Town of Lake Park Homelessness PBSO DISTRICT 10 COMMUNITY POLICING Exhibit A

Who is classified as “Homeless?”  There are 4 Categories:  Literally Homeless  Imminent Risk of Homlessness  Homeless Under Other Federal Statutes  Fleeing/Attempting to Flee Domestic Violence

Category 1: Literally Homeless  Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:  Has a primary nighttime residence that is a public or private place not meant for human habitation; or  Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state and local government programs); or  Is exiting an institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.

Analysis  Homelessness is a very complex problem. There is seldom a single reason why a person, or a family, becomes homeless. A variety of problems increase a person’s risk for homelessness including unemployment, poor physical health, mental illness, disability, substance abuse, domestic violence or lack of affordable housing. Similar to causes for homelessness, the needs of persons experiencing homelessness also vary.  Homelessness due to it’s complexity is almost impossible to solve, however, we can take steps to reduce the number.

Field Interview Reports  In 2017 there were no less than 221 field interview reports (FIR) completed by PBSO on a total of 120 homeless subjects who frequent or reside in the Town of Lake Park.  In 2024 there were only 82 records of FIRs completed by PBSO on a total of 70 individuals who were listed as “at large” during a PBSO contact. These contacts ranged from consensual encounters, trespassing, County/Town ordinance violations, suspicious persons calls, investigations and arrests.

Point in Time Count  The Point-In-Time (PIT) Count is a count of sheltered and unsheltered people experiencing homelessness on a single night in January.  Unsheltered individuals are recorded homeless if they were surveyed during the 24 hour PIT count timeframe.  Two types of surveys were used for the PIT Count: Observed and Interviewed.  Observed : Any individual who declined an interviewed survey, and was determined by the surveyor to be “definitely” homeless.  Interviewed : Individuals who agreed to answer an array of questions about their current homeless situation.

Number of Homeless Individuals in PBC 1309 1510 1404 1855 2126 2018 2020 2022 2023 2024 Number of Homeless

Sheltered Count  546 Persons Sheltered  411 persons in Emergency Shelter  135 persons in Transitional Housing

Unsheltered Count  1,580 unsheltered individuals and families experiencing homelessness were counted during the 2024 PIT Count.  1222 Homeless interview surveys conducted.  358 Observation surveys were conducted. 1222 358 1580 I N TE R VI E W E D O B S E R VE D TO TAL UNSHELTERED PEOPLE Unsheltered People

2024 PIT Count 26% 74% 2024 PIT COUNT Sheltered Unsheltered  Sheltered – Individuals and families that reside in Emergency Shelter, Transitional Housing programs, or Safe Havens.  Unsheltered – Individuals and families that reside in a place not meant for habitation (i.e., abandoned building, vehicle, camp-site).  Total = 2,126

2024 PIT Count (con’t) 1030 878 1169 1580 480 526 686 546 2 0 2 0 2 0 2 2 2 0 2 3 2 0 2 4 CHART TITLE Unsheltered Sheltered 1510 1404 2126 1855

2024 PIT Count (con’t)  The highest number of unsheltered individuals and families were counted in District 7 with a count of 782. District 1 had an unsheltered count of 72. It should be noted, The Town of Lake Park is split between District 1 and 7 (Park Avenue and Watertower Road are the dividing lines)  That doesn’t necessarily mean the Town of Lake Park has a homeless problem.

2024 PIT Count (con’t) Zip Code 2023 2024 Difference 33403 - Lake Park 4 7 +3 33404 – Riviera Beach 141 236 +95 33407 – Mangonia Park/WPB 169 287 +118 33408 – North Palm Beach 0 1 +1 33410 – Palm Beach Gardens 3 2 -2

Initial Approach  Law Enforcement may approach a homeless person that has not engaged in any criminal violations and offer advice about services or any other assistance that is available to them through the Homeless Services Program of Palm Beach County. This is strictly voluntary and consent based.

Initial Approach  If the person is holding a sign indicating that they are homeless and requesting assistance, they may not be in any violation of a county ordinance or state law.  The courts have held that this is an expression of free speech and it is a protected right.

Landmark Case - Pottinger v. Miami (1992)  In 1988, the ACLU filed a suit against the City of Miami on behalf of all homeless persons living in the City. In 1992, after hearing extensive evidence, the federal district court found that “the City had a policy and practice of arresting homeless individuals for the purpose of driving them from public areas,” and that this policy and practice violated the rights of homeless people under the Constitution.

Pottinger v. Miami (1992)  The City appealed the ruling. After further proceedings, and while the case was on appeal, the City and the ACLU agreed to settle the case in 1998. The 1998 Settlement Agreement brought an end to the case by placing limits on the power of its police officers to arrest homeless individuals for committing certain “life-sustaining conduct” misdemeanors, and requiring police and other City officials to respect homeless people’s property rights.

Pottinger v. Miami (1992)  The Consent Decree was approved by the Federal District Court on October 1, 1998. It has the same binding legal effect as a judgment of the court. Esentially, it protects people who are homeless from being arrested for certain minor offenses that are very difficult if not impossible to avoid committing if you're homeless. It also prevents the City from seizing or destroying homeless people’s possessions unless they are clearly abandoned or present a clear-cut safety hazard.

Pottinger v. Miami (1992)  The Consent Decree was approved by the Federal District Court on October 1, 1998. It has the same binding legal effect as a judgment of the court. Esentially, it protects people who are homeless from being arrested for certain minor offenses that are very difficult if not impossible to avoid committing if you're homeless. It also prevents the City from seizing or destroying homeless people’s possessions unless they are clearly abandoned or present a clear-cut safety hazard.

Current Terms of Pottinger Consent Decree  Shelter must be offered in lieu of arrest for certain minor violations: Police officers who see a homeless person committing one of the following violations may not arrest that individual or threaten to arrest him or her unless they offer the individual shelter space for the night, and the individual refuses that offer. If there’s no shelter space or if there is and the individual takes it, the police cannot arrest the individual for these offenses:  Being in a public park after closing hours  Camping in a public park (so long as no tent is used)  Trespassing on public property (owned by the government, not by a private individual or business)  Loitering in restrooms  Living in a vehicle  Partially blocking the sidewalk (leaving enough room so others needn’t step out onto the street)  Anyone so placed in a shelter doesn’t have to stay at the shelter beyond one night and doesn't have to take part in any of its programs or services, though of course they may if they wish.

Current Terms of Pottinger Consent Decree  Shelter does not have to be offered in lieu of arrest for certain other minor violations, but there must be a warning: Police officers who see a homeless person committing one of the following violations may arrest or cite him or her even if there is no available shelter space for that person, but only if they first warn the individual and give him or her a chance to stop committing the violation:  Littering within 300 feet of a usable trash can  Fully blocking the sidewalk so that others have to walk out onto the street  Committing any minor offense (including those listed in a, above) in a way that poses an imminent threat of physical injury to the homeless person or others.

Current Terms of Pottinger Consent Decree  Shelter does not have to be offered in lieu of arrest for these violations, and no warning is required: Police officers who see a homeless person committing one of the following violations may arrest him or her even if there is no available shelter space for that individual, without any warning:  building a fire in a public park or putting up a tent or temporary structure in a park  committing lewd conduct (violating public nudity laws intentionally in plain view of other people)  not using an open public restroom within a quarter mile. A “public” restroom means a restroom in a government-owned building. If there is no such restroom within 1/4 mile, or if it’s closed, then the individual cannot be arrested for failing to use it unless he or she is offered shelter and refuse the offer.

Results of Pottinger v. Miami  The average cost of litigation settlements arising from Pottinger v. Miami to municipalities and governing bodies has been around $1.5 million dollars. - (Multi-Agency Homeless Task Force)

Lake Park Enforcement Options  Sec. 6-3. - Consumption and possession of alcoholic beverages in unlicensed establishments, public parking lots, public places and ways prohibited.  Sec. 16-3. - Unlawful to trespass or lodge on public lands.  Sec. 22-143 – Panhandling Prohibited  Sec. 24-8. - Littering on property owned by others prohibited.

Homeless Referrals  Palm Beach County does not offer homeless resources for non-residents of PBC.  The Senator Philip D. Lewis Center is located in Mangonia Park, it is the central access point for homeless services in Palm Beach County. It is not a homeless shelter but does have 60 beds for individuals experiencing homelessness.  The Homeless Resource Center 2 is located in unincorporated Lake Worth. HRC 2 is the partner facility for the Lewis center and only has a maximum of 74 beds at any given time.

Homeless Referrals  Both facilities offer 24-72 hours of temporary shelter (if available). The majority of beds are utilized for transitional housing which ranges from 30-90 days.  Waitlist for Transitional Housing: 600+ individuals  From these centrally located facilities, a universal intake and assessment process will be made available to Palm Beach County’s homeless adults and families on a 24-hour basis, 365 days per year.  Specific services to be provided to homeless guests at the Lewis Center (maximum of 96 on-site at any given time) include, but are not necessarily limited to: case management; counseling; meals; limited medical treatment; life skills training; job placement; interim housing; and permanent housing placement.

House Bill 1365  Effective October 1st, 2024:  Homeless individuals are prohibited from camping on city streets, sidewalks, and parks (This was already unlawful in most municipalities) — and instead placed in temporary shelters monitored by law enforcement agencies.  Homeless shelters will require occupants to not use drugs.  These shelters will also include substance abuse and mental health treatments.  When shelters are at max capacity it directs the Department of Children and Families to authorize temporary campsites that do the following:  Maintain sanitation, including access to clean and operable restrooms and running water.  Provide access to substance abuse and mental health treatment resources through coordination with the regional managing entity.  Prohibit illegal substance use and alcohol use on the property and enforce this prohibition.

What does that mean for the Town?  What the bill allows:  A county to designate property owned by the County or a municipality within the county’s boundaries for the purposes of public camping or sleeping. A property designated as such must be certified by the Department of Children and Families and meet certain minimum standards.  What the bill prohibits:  A County or Municipality from “authorizing or otherwise allowing” any person to regularly engage in public camping or sleeping on any public property, including (but not limited to):  Any public building or its grounds  Any public right-of-way under the jurisdiction of the county or municipality

Florida Association of Counties (FAC)  https://www.fl-counties.com/publiccamping/

Questions?

Corporal Joshua Gonzalez Community Policing Unit/Field Training Officer Town of Lake Park – District 10 Cell: (561) 901-8361 Desk: (561) 478-6247 Email: gonzalezjj@pbso.org ( <- Best way to reach me)