Regular Commission Meeting (2024-05-15)

Lake Park Town Commission, Florida Regular Commission Meeting Minutes Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 Wednesday May 15, 2024 at 6:30 pm ________________________________________________________________________________ Roger Michaud -Mayor Kimberly Glas Castro -Vice Mayor Michael Hensley -Commissioner Mary Beth Taylor -Commissioner Judith Thomas -Commissioner John D’Agostino -Town Manager Brett Lashley -Town Attorney Laura Weidgans -Deputy 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 6:31 pm PRESENT; Mayor Michaud Vice-Mayor Glas-Castro Commissioner Hensley Commissioner Taylor Commissioner Thomas PLEDGE OF ALLEGIANCE Led by Senator Bobby Powell.

SPECIAL PRESENTATION/REPORT: 1. Legislative Update by Senator Powell Senator Powell presented a Legislative update (Exhibit A) and notified the Commission that he will be stepping down from his position Effective November 2024. Mayor Michaud thanked the Senator for everything that he does. Vice Mayor Glas- Castro thanked the Senator for his time in the House and Senate and for supporting the Town. Commissioner Hensley thanked the Senator for everything he does for the Town. Town Manager D’Agostino stated that the Senator has been a champion for Lake Park and thanked him for all of his efforts over the years. Senator Powell thanked the Commission for their assistance with getting things done over the years. 2. Proclamation Declaring May 19, 2024, through May 25, 2024, as National Public Works Week in the Town of Lake Park, Florida Public Works Director Jaime Morales and Public Works staff received the proclamation. Public Works Director Morales credited his team and stated they deserve all of the credit. 3. Proclamation Declaring May 2024 as National Cities, Towns and Villages Month Town Manager D’Agostino stated that the Director of the National League of Cities will be in town Tuesday to receive the proclamation. 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. -Susan Ray, 301 Lake Shore Drive spoke about supporting Ordinance 06-2024 pertaining to the seawall. She also spoke about the town being in discussions with developers and feels the residents should be involved in that process. -Kelly Steele, 301 Lake Shore Drive spoke about developers and a communication she had with the Town Manager.

-John Leary, 501 Lake Shore Drive spoke about the seawall Ordinance. He proposes the Commission withdraw the Ordinance and pause the re-introduction of it to some point in the future. -Ralph Moscoso, 429 Greenbriar Drive spoke about performance and accountability of the Town Manager and requests he be put on administrative leave. He also spoke on the progress of sidewalk repairs in town. Mr. Moscoso provided comments via Exhibit B. -Chris Steel, 301 Lake Shore Drive spoke about interactions with the Town Manager and suggests he be placed on administrative leave. -Evelyn Harris Clark, 254 Greenbriar Drive spoke about the vendor agreements under consent. TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Lashley spoke about a suit against the Town and their office is reviewing for appropriate action and a memo to the Commission will be forthcoming. Town Manager D’Agostino provided comments via Exhibit C. He spoke about the Sunset Celebration and how it is funded via transfers in the budget. This was in response to a public comment questioning the funding of this item. Town Manager D’Agostino spoke about the Town receiving a block grant totaling $400,916.00 to potentially design a community center and an aquatic center at Bert Bostrom Park. Commissioner Taylor asked what date the workshop on the seawall Ordinance would be and she would like clarification if the item will be paused as was requested by a resident. Town Manager D’Agostino stated it would not be brought back until the Commission requested it. August 10th was discussed as a possible date for the seawall Ordinance discussion. The Commission deferred on selecting a date at this time. For density discussions, June 12 th was discussed. Commissioner Taylor stated that it’s important for letters to be issued to residents since all residents are affected by density. She advised the Commission that Joe Brockman from the Brew House has 3 bike racks to donate to the Town. She also stated that we need to name the new pocket park. Commissioner Hensley wanted clarification on discussion dates. Town Manager D’Agostino stated there will only be a density discussion with the Commission on June 12th and there needs

to be a new date selected for seawall workshop. He went on to say that this date should be on a Saturday and that each resident will receive sufficient notification. Commissioner Thomas thanked the Steele Family for the cleanup project in town. Commissioner Thomas spoke about the importance of integrity and stated that she has not met with anyone regarding density, redevelopment or anything of the like on Lake Shore drive. Vice-Mayor Glas-Castro stated that the Commission has not discussed zoning changes on the East side of Lake Shore Drive. She hopes that when the Commission does discuss this, it would be during a time that is not rushed because of a busy agenda on a Wednesday evening. She stated that it might be better to discuss the seawall Ordinance in the fall after residents return to the area. Vice-Mayor Glas-Castro spoke about the block grant and would like to have a Commission discussion for how to apply those funds. Mayor Michaud stated he is concerned about the resident’s distrust and clarified the Commission’s role in the Town and asked the residents to please reach out to the Commission or to staff to ask questions or provide information. 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. Commissioner Taylor asked for clarification on items 7 through 13. Town Manager D’Agostino explained that these contracts allow the Town to select a firm based on qualifications and there is no cost until the firm does the job and once they perform a job there is a set price. Public Works Director Jaime Morales explained these contracts will be awarded based on the estimated cost of the contract as needed. Motion made to accept the consent agenda made by Commissioner Taylor, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas, Commissioner Hensley.

4. May 1, 2024 Public, Private Partnership (P3) Workshop Minutes 5. May 1, 2024 Regular Commission Meeting Minutes 6. Resolution 26-05-24 Authorizing and Directing the Mayor to Execute a Construction Services Agreement Between the Town of Lake Park and Mangonia Construction Group, LLC for the W. Ilex Park Phase 2 Park Improvements. 7. Resolution 27-05-24 Authorizing and Directing the Town Mayor to Execute a Professional Services Agreement Between the Town of Lake Park and Baxter & Woodman, Inc. for the Provision of Continuing Professional Services on an As-needed Basis. 8. Resolution 28-05-24 Authorizing and Directing the Town Mayor to Execute a Professional Services Agreement between the Town of Lake Park and Calvin Giordano & Associates, Inc. for the Provision of Continuing Professional Services on an As-needed Basis. 9. Resolution 29-05-24 Authorizing and Directing the Town Mayor to Execute a Professional Services Agreement between the Town of Lake Park and The Engenuity Group for the provision of Continuing Professional Services on an As-needed Basis. 10. Resolution 30-05-24 Authorizing and Directing the Town Mayor to Execute a Professional Services Agreement Between the Town of Lake Park and Florida Technical Consultants, LLC for the Provision of Continuing Professional Services on an As-needed Basis. 11. Resolution 31-05-24 Authorizing and Directing the Town Mayor to Execute a Professional Services Agreement Between the Town of Lake Park and J Morton Planners for the provision of Continuing Professional Services on an As-needed Basis. 12. Resolution 32-05-24 Authorizing and Directing the Town Mayor to Execute a Professional Services Agreement Between the Town of Lake Park and Keshavarz & Associates, Inc. for the Provision of Continuing Professional Services on an As-needed Basis. 13. Resolution 33-05-24 Authorizing and Directing the Town Mayor to Execute a Professional Services Agreement Between the Town of Lake Park and Kimley-Horn and Associates, Inc. for the Provision of Continuing Professional Services on an As-needed Basis.

QUASI-JUDICIAL PUBLIC HEARING (RESOLUTION): NONE PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: 14. Ordinance 05-2024 Amending Chapter 54, Article I, Section 54-8 of the Town Code Pertaining to the Town's Local Amendments to Chapter One of the Florida Building Code. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 54, ARTICLE I, SECTION 54-8 OF THE TOWN CODE PERTAINING TO THE TOWN’S LOCAL AMENDMENTS TO CHAPTER ONE OF THE FLORIDA BUILDING CODE; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Motion made to approve Ordinance 05-2024 on second reading by Vice-Mayor Glas- Castro, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas, Commissioner Hensley. Town Attorney Lashley read the Ordinance by title only. NEW BUSINESS: 15. Resolution 22-04-24 Authorizing the Mayor to Execute the Ground Lease between the Town of Lake Park and FD P3 LP Boat Storage, LLC for the Boat Storage Component of the P3 Project for the Enhancement of the Lake Park Harbor Marina. Town Manager D’Agostino explained the item. Motion to approve Resolution 22-04-24 made by Commissioner Hensley, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas, Commissioner Hensley 16. Resolution 34-05-24 Authorizing the Mayor to Execute the Ground Lease between the Town of Lake Park and FD P3 LP Marina, LLC for the Public Marina Component of the P3 Project for the Enhancement of the Lake Park Harbor Marina.

Town Manager D’Agostino explained the item. Motion to approve Resolution 34-05-24 made by Commissioner Taylor, Seconded by Vice-Mayor Glas-Castro. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas, Commissioner Hensley 17. Resolution 35-05-24 Authorizing the Mayor to Execute the Ground Lease between the Town of Lake Park and FD P3 LP Restaurant, LLC for the Marina Restaurant Component of the P3 Project for the Enhancement of the Lake Park Harbor Marina. Town Manager D’Agostino explained the item. Motion to approve Resolution 35-05-24 made by Commissioner Thomas, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas, Commissioner Hensley. 18. Red, White & Blue Sunset Celebration Event Discussion Town Manager D’Agostino explained that this event will take place on Friday, June 28th from 6-9pm at Kelsey Park. Discussion ensued about the expenses and components of the event such as how many bathrooms would be needed, how many bounce houses would be sufficient and what type of snacks to provide. Special Events Director Riunite Franks agreed to look into some snack options for the kids. Commissioner Thomas suggested to invite “Let’s Move PBC” to the event. Mayor Michaud noted that during the event, there will be a Commissioner race on the obstacle course bounce house. REQUEST FOR FUTURE AGENDA ITEMS: Mayor Michaud stated that residents should be able to name the new pocket park through some sort of contest. Town Manager D’Agostino stated that there is an Ordinance that states the park would not be able to be named after any living person and to name the park after a deceased person would require a referendum. The Commission agreed to allow residents to submit name ideas with the stipulation that it cannot be named after any person.

2024 LEGISLATIVE SESSION REVIEW T H E H O N O R A B L E S E N A T O R B O B B Y P O W E L L J R . , A I C P Exhibit A

This bill provides an exem ption from public records requirem en ts for the person al iden tifyin g an d location of curren t coun ty attorn eys, assistan t coun ty attorn eys, deputy coun ty attorn eys, city attorn eys, deputy city attorn eys, an d assistan t city attorn eys. Person al In form ation relatin g to their spouses an d children is likewise exem pt. The specific person al in form ation m ade exem pt from public records disclosure requirem en ts in clude: • Hom e Address, telephon e n um bers, places of em ploym en t, photographs, an d dates of birth. • Nam es, hom e addresses, telephon e n um bers, photographs, places of em ploym en t, an d dates of birth of the spouse an d children . • Nam es an d location s of schools an d day care facilities by the children . S B 712 P u b lic Re c o rd s / C o u n t y At t o rn e ys a n d C it y At t o rn e ys Powell Bills Passed

Provides and clarifies procedures to resolve probate disputes regardin g property own ed by spouses in this state but acquired while the spouses lived in on e of the n in e com m un ity property states. Am en ds an d repeals various provision s of the Act, an d other related provision s of the Florida Probate Code, to: • Clarify existin g law by exem ptin g title disputes arisin g un der the Act from : The term “claim ” as defin ed in the Florida Probate Code. The bill en sures the availability of n ecessary in form ation about deceased in dividuals is con tain ed in the lan d records m ain tain ed by the Clerks of the Circuit Courts so that proper heirs can be iden tified in the chain of title, thereby protectin g the public in terest of certain ty in the own ership of real property. S B 10 6 4 W ills a n d Es t a t e s Powell Bills Passed

This bill would have required a person who is convicted of theft of m ore than $1,000 from an organ ization that he or she kn ows or has reason to believe is a n on profit organ ization . If the fun ds, assets, or property in volved in the theft is valued at: • $50,000 or m ore, the offen der com m its a first degree felon y. • $10,000 or m ore, but less than $50,000, the offen der com m its a secon d degree felon y. • $300 or m ore, but less than $10,000, the offen der com m its a third degree felon y. S B 73 2 Th e ft fro m No n p ro fit O rg a n iz a t io n s Bills In tr oduced-Stop p ed in th e House

Bill would have created the Youth Conflict Resolution an d Peer Mediation Pilot Program (pilot program ) The purpose of the pilot program is to reduce juven ile violen ce by equippin g studen ts with essen tial skills for peaceful con flict resolution by equippin g studen ts with essen tial skills for peaceful con flict resolution through the use of a con flict resolution curriculum selected by the Com m ission er of Education . S B 78 6 Yo u t h C o n flic t Re s o lu t io n a n d P e e r Me d ia t io n P ilo t P ro g ra m ills In tr oduced-Stop p ed in th e House

This bill would have maintained the existing proh ibition from receivin g Tem porary Cash Assistan ce (TCA) an d Supplem en tal Nutrition Assistan ce Program (SNAP) assistan ce for in dividuals with felon y drug traffickin g con viction s, but create an exem ption for victim s of h um an traffickin g. S B 776 Te m p o ra ry C a s h As s is t a n c e Elig ib ilit y Bills In tr oduced-Stop p ed in th e House

APPROPRIATIONS Palm Beach Shores - Dredgin g Project, $1,000,000 Westgate CRA Enhanced Street Lighting & Safety Initiative, $250,000 Oak Street Home II - Female Teen Delinquency Prevention Program $350,000 Roosevelt School Program Enhancements, $847,920 Palm Beach Atlantic University - LeMieux Center for Public Policy, $500,000 Catapult! Afterschool Youth Mentoring Center Students, $500,000 T3 - Teach, Touch the Trades, $358,750 Palm Springs Congress Avenue Sewer Force Main - Palm Beach County, $1,000,000 Mangonia Park Water Plant Expansion and Modernization, $750,000

APPROPRIATIONS Riviera Beach Design and Demolition of Existing Fire Station on Singer Island, $500,000 North Palm Beach Public Safety Resilien cy, $255,000 Palm Beach Zoo Safety & Security Upgrades, $110,000 West Palm Beach Fire Departm en t Con tam in an t Reduction Project, $116,000 Riviera Beach - Shore, Palm , Riviera Drive Pavem en t Restoration , $350,000 PBC Sh eriff's Office Substation , $500,000

APPROPRIATIONS Palm Beach State College - Rem odel of Studen t Library, $9,762,824 Region al En trepren eursh ip Cen ters an d Sm all Busin ess Loan Fun d, $2,000,000 Cox Scien ce Cen ter an d Aquarium Expan sion , $5,000,000 Pean ut Islan d Historic Restoration , $1,000,000 YMCA of th e Palm Beach es Com m un ity Cen ter, $500,000 Town of Lake Clarke Sh ores - Pin e Tree Lan e Bridge Replacem en t, $250,000 City of Belle Glade Sidewalk Replacem en t, $250,000 City of Green acres - Chickasaw Road Expan sion Project, $250,000 City of Palm Beach Gardens RCA Boulevard Roadway Improvements, $400,000 and more APPROPRIATIONS FOR PALM BEACH COUNTY over $30,000,000

HB 491 Employment • Lawmakers passed a bill that would loosen work restrictions on 16 and 17- year-old youths. For example, it would maintain a 30hour a week limit for the teens when school is in session but would allow parents or school superintendents to waive the limit. TEEN WORK ERSMajor Session Bills Passed

HB 1365 Unauthorized Camping and Public Sleeping HOMELESS: Lawmakers passed a controversial plan that would bar cities and counties from allowing homeless people to sleep at places such as public buildings and in rights of way. Local governments could designate sites for sleeping or camping if they meet certain standards. HOM ELESS Major Session Bills Passed

FLOOD DIS CLOS URE SB 484 Flood Disclosure in the Sale of Real Property • Requires the seller of residential real property to complete and provide a flood disclosure to a purchaser of residential real property at or before the time the sales contract is executed Major Session Bills Passed

SOCIA L MEDIA HB 3 Social Media Protection for Minors The bill will ban social media accounts for children under 14 and require parental permission for 15 and 16 year olds. It was slightly watered down from a proposal DeSantis vetoed a week before the annual legislative session ended Major Session Bills Passed

SB 280 VACATION RENTALS Lawmakers passed a bill regulating short-term vacation rental platforms like Airbnb and Vrbo which prempts regulation to the state while local governments could have registration programs. The bill says that the maximum overnight occupancy of a vacation rental cannot exceed two persons per bedroom, plus an additional two persons in one common area, or more than two persons per bedrooms if at least 50 square feet per person, plus an additional two persons in one common area, whichever is greater. VA CA TION RENTA LSMajor Session Bills Passed

Team Powell Distr ict Office: 2715 N. Australian Avenue West Palm Beach , FL 33407 Ph on e: (561)650-6880 Tallah assee Office: 404 South Mon roe Street Tallah assee, FL 32399 Ph on e: (850)487-5024 Em a il: powell.bobby@flsenate.gov Legislative Inter n Diane Andr e, Esq. andre.diane@flsenate.govdemarco.michelle@flsenate.govsommons.malcolm@flsenate.gov Junior at Florida State University Baelin War then Senior at Florida A&M University Chief Legislative Aide Sabr ina Vidaillet Legislative AideLegislative Aide Legislative Inter n Michelle DeMar coMalcolm Sommons II

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QUESTIONS OR COMMENTS? T H A N K Y O U !

I ‘m here to discuss a matter of great importance to our town: the performance and accountability of our town manager. Over recent months, we have seen a series of troubling actions that call into question the suitability of this individual to continue in their role. I urge you to consider relief for cause for the following reasons: First, the town commission has been repeatedly put on the spot due to incomplete or misleading information. Our town manager has briefed you based on half-truths, omitting significant key points. This not only undermines your ability to make informed decisions but also erodes public trust in our governance. During a recent civility and decorum meeting, the town manager failed to mention a critical third point. If it weren’t for public outrage and the intervention of our own attorney, who suggested removing this point entirely, it would have passed unnoticed. Such omissions are unacceptable and demonstrate a severe lack of transparency and responsibility. Additionally, during the last meeting on seawalls, the recommendation was to pass the motion on its first reading without notifying the residents. Thanks to the efforts of myself and a few others who took the initiative to inform the community, this issue was brought to light. If not for this intervention, the recommendation would likely have passed without the residents' knowledge or input. In that same meeting, the town manager accepted responsibility and mentioned that someone would be suspended. Yet, to date, no suspension has occurred, raising further questions about accountability. Another concern is the issue of sidewalk repairs. After I posted a video highlighting the state of our sidewalks, the town promptly produced and posted a work schedule for repairs. However, despite this schedule, no work has been done on Bayberry or Cypress Drive. Are any of you verifying the progress, or are you simply taking someone's word for it? This lack of follow-through is concerning and indicative of poor management. Lastly, let's address the town’s budget. How many of you have thoroughly reviewed the budget before voting on it? Do you know how much money was allocated to special events like the Sunset Celebration for FY24? I do – it was zero dollars. Yet, the Sunset Celebration continues. This discrepancy suggests that funds are being diverted without proper authorization or transparency. Can you account for where this money is coming from? This mismanagement of funds is yet another reason why we need to reconsider our town manager's position. In summary, the town manager's repeated failures in communication, transparency, accountability, and financial management provide ample reasons for relief for cause. It Exhibit B

would be a failure on your part not to discuss this issue, especially given the number of concerned citizens present here today demanding action. Thank you for your time and consideration.

Exhibit C