Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 Wednesday March 20, 2024 at 6:30 pm ______________________________________________________________________________ Roger Michaud __ Mayor Kimberly Glas Castro __ Vice Mayor Vacant __ Commissioner Mary Beth Taylor __ Commissioner Judith Thomas __ Commissioner John D’Agostino __ Town Manager Brett Lashley __ 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 6:30 P.M. PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner Mary-Beth Taylor Commissioner Judith Thomas PLEDGE OF ALLEGIANCE Mr. John Linden SPECIAL PRESENTATION/REPORT: NONE 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. James Sullivan- 348 Flagler Boulevard spoke about residents having 2nd houses on lots creating a parking issue. TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Attorney Brett Lashley had no comments. Town Manager D'Agostino provided his comments via Exhibit "A". Commissioner Thomas thanked staff for their efforts with the shopping cart issue that the Town has with the two large big box stores. She congratulated Commissioner-Elect Michael Hensley. Commissioner Taylor had no comments. Vice-Mayor Glas-Castro reminded everyone of the bike tour on Saturday, March 23, which will begin at Town Hall. Mayor Michaud congratulated Commissioner-Elect Michael Hensley. He thanked all the candidates that ran for the position. He stated that the Great American Clean-up will take place in early May. 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 made to approve the Consent Agenda by Commissioner Taylor, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. 1. February 27, 2024 Special Call Commission Meeting Minutes 2. March 6, 2024 Regular Commission Meeting Minutes 3. Request for authorization for the Town Manager to encumber and expend budgeted streets and roads funding and accept a proposal from The Paving Lady to complete the 2024 sidewalk repairs. 4. Resolution 15-03-24 Authorizing the Mayor to execute an agreement between the Town of Lake Park and Foster Marine Contractors, Inc. for the stormwater construction work associated with the Southern Outfall Pipe Replacement Project. BOARD MEMBER NOMINATION: 5. Nomination of Jon Buechele to the Planning & Zoning Board Nomination made by Commissioner Taylor to appoint Jon Buechele to the Planning & Zoning Board as a regular member, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: 6. Ordinance 04-2024 Amending Article II, Division 2, by Creating a New Section Entitled Civility and Decorum. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING ARTICLE II, TOWN COMMISSION”, DIVISION 2 “MEETINGS” TO PROVIDE FOR CREATION OF A NEW CODE SECTION 2-54 ENTITLED “CIVILITY AND DECORUM”; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager D'Agostino explained the item (see Exhibit "B"). Commissioner Taylor expressed her concerns with the Ordinance and how she was treated in the past during meetings. She raised concerns over the public not being able to have their voices heard. Town Manager D’Agostino explained the process by which the public could have an issue placed on an agenda so that there could be discussion and debate as opposed to public comment which does not allow for debate. Vice-Mayor Glas-Castro agreed that the civility code should apply to staff and Commission members as well as the public. Commissioner Thomas feels that it is the Mayor’s place to determine what may be rude, but does not want to be restrictive of free speech. Mayor Michaud stated that there are times when intervention is necessary in order to stay on topic. He stated that in no way would this ordinance prevent someone from speaking. Ralph Moscoso- 429 Greenbriar Drive expressed concern regarding the Ordinance. He feels that the public should be able to express themselves and believes that this Ordinance is tyranny. John Linden- 568 N. Redwood Drive expressed concern regarding the Ordinance. He feels that the Ordinance is a violation of the first amendment. He would like the Town to use existing guidelines instead of this Ordinance. Vice-Mayor Glas-Castro requested that at second reading, staff provide a list of other municipalities that have a civility clause as she feels this is standard for most towns. Town Manager D’Agostino stated that the Ordinance is not designed to prevent public comment of any kind. He stated that the Ordinance is related to conduct. Melissa Susich- 729 Greenbriar Drive stated that she does not want the Town to take away their voices. Branden- 729 Greenbriar stated he does not want to feel attacked when making public comments and feels that the Ordinance would throttle down opinions and comments. James Sullivan- 348 Flagler Boulevard spoke about a previous meeting where it got unruly and he did not like it. Motion made to approve Ordinance 04-2024 on first reading by Vice-Mayor Glas- Castro with some consideration for some amendments that the guidelines for decorum also be applicable to the Commission and advisory board members. Seconded by Commissioner Thomas. Town Manager D’Agostino suggested adding a clause to make it clear that the Ordinance would not prevent anyone from speaking. Commissioner Thomas requested for staff to clarify certain aspects of the Ordinance that are vague such as “threatening Behavior”. She feels that people are entitled to their feelings as long as they do not Exhibit A  Exhibit B Town of Lake Park Town Commission Agenda Request Form Meeting Date: March 20, 2024 Agenda Item No. Agenda Title: Ordinance Establishing Civility and Decorum. [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [ ] OLD BUSINESS [X] PUBLIC HEARING ORDINANCE ON FIRST READING [ ] NEW BUSINESS [ ] OTHER: John Digitally signed by John D'Agostino DN: cn=John D'Agostino, o=Town of Lake Approved by Town Manager _______________________ Date: _______________ Park, ou=Town Manager, D'Agostino email=jdagostino@lakeparkflorida.gov, c=US Date: 2024.03.11 15:54:20 -04'00' Vivian Mendez, Town Clerk, MMC _______________________________ Title Originating Department: Costs: $ 0.00 Attachments: Ordinance Funding Source: Town Clerk Acct. # [ ] Finance ________________ Yes I have notified All parties that have an interest Advertised: in this agenda item must be everyone_______ Date: _____________ notified of meeting date and or Paper: ____________ time. The following box must Not applicable in this case VM [X] Not Required be filled out to be on agenda. Please initial one. Summary Explanation/Background: Over the past few year’s board members, staff and the Commission have been subjected to inappropriate and untrue remarks regarding their character in public meetings. As a result of this behavior, staff believe it is appropriate to adopt the following Ordinance providing rules governing the decorum to be observed by all person attending public meetings. Recommended Motion: I move to adopt Ordinance _________________ on first reading.