Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 Wednesday August 07, 2024 7:20 P.M. Immediately Following the Live Local Act Workshop Roger Michaud __ Mayor Kimberly Glas Castro __ Vice Mayor Michael Hensley __ Commissioner Mary Beth Taylor __ Commissioner Judith Thomas __ Commissioner John D’Agostino __ 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 7:20 P.M. PLEDGE OF ALLEGIANCE The Pledge was bypassed. COMMISSION RECESSED THE COMMISSION MEETING AND WENT INTO AN EXECUTIVE SESSION. The Town Commission for the Town of Lake Park will have an Executive Session pursuant to Florida Statute 447.605(1) in the Town Hall Mirror Ballroom. Those in attendance shall be: Mayor Roger D. Michaud; Vice-Mayor Kimberly Glas-Castro; Commissioners Michael Hensley; Mary Beth Taylor; and Judith Thomas; also in attendance will be Town Manager John D’Agostino; Assistant Town Manager/Human Resources Director Bambi McKibbon- Turner, Town Attorney Thomas Baird, Finance Director Jeffrey DaSilva and Assistant Finance Director Barbara Gould for the purposes to discuss collective bargaining of the Federation of Public Employees, A Division of National Federation of Public and Private Employees (AFL- CIO). AFTER THE EXECUTIVE SESSION THE COMMISSION RECONVENED THE COMMISSION MEETING. The Commission recessed the Regular Commission Meeting at 7:21 P.M. and went into an Executive Session. The meeting reconvened at 7:49 pm. SPECIAL PRESENTATION/REPORT: 1. Fourth quarterly public progress report on the P3 project. Larry Zabik and Peter Bayterian provided a P3 update presentation (Exhibit A). Commissioner Thomas asked for an update regarding the non-public use parcels. Town Attorney Baird explained that the last he knew was that Freedom Boat Club was on the property and would remain until action was taken with the reverter clause. Mr. Zabik explained that they would provide the Town Attorney with the information they received earlier today. He stated that the State was proposing modifications to the reverter language as opposed to releasing it. He agreed to have all of the information provided to the Town Attorney. Town Manager D’Agostino explained the purpose of today’s meeting was to get an understanding of the language for the appraisal and understand the concerns raised by Larry and Peter. Vice-Mayor Glas-Castro stated that the Town Attorney should be in the lead on this project and included on all meetings moving forward. Attorney Baird explained the process for going before the Governor and Cabinet. 2. Proclamation in honor of Palm Beach County Sheriff's Office Deputy Adam Pozsonyi. Mayor Michaud presented the proclamation. Sergeant Adam Pozsonyi thanked the Commission and residents of the Town for 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.  • Varissa Bass introduced herself as a candidate for the Port of Palm Beach Commission. • Farrell Tiller expressed support for the Bert Bostrom Park aquatic center. • Rafael Moscoso has lost confidence in the Town Manager and asked for his immediate removal. • Michael Steinberger provided his comments via Exhibit B. • Amanda Avery concerned with the new code rewrite process and the town budget. • John Linden suggested the immediate removal of the Town Manager. TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Baird explained that the Town needs a representative at the September 6th Mediation on 2nd Court property case. The session will be virtual. He stated that after Mediation, an Attorney-Client Session was necessary to discuss the case. He suggested that it take place before a Commission Meeting. Motion to appoint Mayor Roger Michaud as the Town’s representative during mediation made by Vice-Mayor Glas-Castro. Commissioner Taylor seconded the motion. Voting Aye: All Attorney Baird suggested budgeting additional funds to cover the cost of the litigation cases. He updated the Commission on the salvage yard case. Motion to authorize the Town Attorney to file suit against the salvage yard made by Vice-Mayor Glas-Castro. Commissioner Thomas seconded the motion. Voting Aye: All Motion to schedule and publicly notice an Attorney-Client Session for a meeting to be determined made by Vice-Mayor Glas-Castro. Commissioner Taylor seconded the motion. Voting Aye: All. Town Manager D’Agostino provided comments via Exhibit C. The Commission came to consensus to provide a Centennial Celebration proclamation at the same time as the time capsule and naming of the Centennial Memorial Park. Town Manager D’Agostino explained the $1.2 million shortfall in the proposed 2024/2025 budget. Commissioner Thomas recapped that earlier in the evening they heard that the reverter clause had not been finalized, yet the Town was expecting the funds to be received. Attorney Baird explained that there were two separate actions taking place. First was the payment of the $1.2 million which was part of the Comprehensive Agreement. The developer does not need to make the payment unless he is satisfied regarding the status of the reverter clause. The second issue was vested rights, which was also known as bundle investment rights. He explained that as developers get approvals, permits, and make changes based on those approvals, they begin to acquire vested rights. Ultimately being entitled to those approvals. He believes that this is the reason the Vice-Mayor suggested pausing the process because they will have the right to build based on all the approvals they receive. Commissioner Thomas explained that the funds were earmarked to the budget and if the Town does not receive those funds, then what happens. Attorney Baird reiterated that if the developer felt that they would receive the restrictions modified, they could take the risk and pay the $1.2 million. If the developer does not receive the modification to the reverter clause, then they would not be able to build the project anticipated. There was also another component, which was that the State would establish, through the appraisal process, a value that they were entitled to receive in order to proceed with the modification. He explained that the Marina has a restriction that it could only be used as public and boat ramp purpose. So, if the property would be used for something other than that, the State says you need to pay us for that use that is not public and boat ramp. So, the restaurant portion is within the deed restricted parcels, then the State would look at the restaurant and appraise the value of having a restaurant. The public would be entitled to a share of that value. The State wants to be assured that the public would not be displaced or reduced. Another issue encountered was that the Freedom Boat Club is a private business running out of the public Marina. This may need to be modified in the agreement. He explained that he has had conversations with General Council regarding this project and they have expressed concern with how Freedom Boat Club operates out of the Marina. They have suggested that the uses be modified before the Town is represented before the Governor and Cabinet. Town Manager D’Agostino stated that the Town needs to resolve the issue soon and he would address it with Mr. Baytarian. Town Manager D’Agostino commented on the repeated concerns raised by the public requesting for his immediate departure. He stated that he has worked for the Town for the past nine (9) years, has balanced 10 municipal budgets, and has never balanced the budget alone. He has a team of employees; the Commission and the public are part of that process. He said that he takes his job very seriously and would not do anything to harm the Town. He stated that the succession in staff has been in place. He felt the need to defend himself and his reputation as Town Manager. He will remain in place until his last day, which is September 22nd. Commissioner Taylor wants to be sure that the Town finds money to support kids to participate in the aquatic center. Commissioner Hensley requested a copy of the Town Manager’s contract to review the separation clause. Commissioner Thomas requested that the aquatic center be pushed to another meeting when the new Town Manager is onboard. It was explained that the acceptance of the Grant funds for the aquatic center must be approved by September 6, 2024, or the Town will lose those funds. Discussion ensued about the delay in bringing the item before the Commission and the urgency of the item now before the Commission. The design of the aquatic center would be a public process with public engagement, workshops, and a request for proposal process. The Commission asked that the presentation be brought back at the next meeting. Motion to move the aquatic center item to August 21, 2024, made by Commissioner Taylor. Seconded by Commissioner Thomas. Voting Aye: All Vice-Mayor Glas-Castro stated that the sunset celebration was good. She expressed concern that too much has been allocated for the Town Code rewrite. She asked about the spending freeze for request for proposals. She asked why there were so many sanitation collection issues. Public Works Director Jaime Morales explained that due to staff shortage they have been unable to keep up with demand. Mayor Michaud has received complaints that the new Centennial Memorial Park gazebo was being used as a camping ground by the public. He recapped the discussion regarding the aquatic center. 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. 3. July 17, 2024 Regular Commission Meeting Minutes. 4. Resolution 53-08-24 of the Town Commission of the Town of Lake Park, Florida Authorizing and Directing the Execution of an Agreement between the Town of Lake Park and LaPorta Contracting, Inc., for Construction Services required for Replacement of the Lake Park Library Roof. Motion made to approve Consent Agenda made by Commissioner Hensley. Seconded by Commissioner Thomas. Voting Aye: All. PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: 5. (Continued to August 21, 2024) - ORDINANCE 07-2024 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 22, ARTICLE III, SECTIONS 22-101 THROUGH 22-113 ENTITLED “STREET AND MOBILE VENDORS”; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to continue Ordinance 07-2024 to August 21, 2024 made by Commissioner Thomas. Commissioner Hensley seconded the motion. Voting Aye: All. 6. (Continued to August 21, 2024) - ORDINANCE 08-2024 - AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 30, ARTICLE I TO CREATE A NEW SECTION 30-6 PERTAINING TO THE OPERATION OF MICROMOBILITY DEVICES, GOLF CARTS, LOW SPEED VEHICLES, AND MOTORIZED SCOOTERS; PROVIDING FOR THE AMENDMENT OF CHAPTER 30, ARTICLE II SECTION 30-35 PERTAINING TO HIGH-CAPACITY PASSENGER OR WORK VANS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to continue Ordinance 07-2024 to August 21, 2024 made by Commissioner Thomas. Commissioner Hensley seconded the motion. Voting Aye: All.  7. (Continued to August 21, 2024) - Ordinance 09-2024 - AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 18, ARTICLE III ENTITLED “PARK REGULATIONS”; PROVIDING FOR THE AMENDMENT OF DIVISION 1 TO ESTABLISH NEW REGULATIONS FOR THE USE OF PARKS, INCLUDING HOURS OF OPERATION, A FEE SCHEDULE AND THE ENFORCEMENT OF THE REGULATIONS; PROVIDING FOR THE AMENDMENT OF DIVISION 2, ENTITLED “PERMIT FOR GROUP ACTIVITIES” PERTAINING TO SPECIAL PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to continue Ordinance 07-2024 to August 21, 2024 made by Commissioner Thomas. Commissioner Hensley seconded the motion. Voting Aye: All. NEW BUSINESS: 8. 2024 Florida League of Cities Annual Conference Voting Delegate. Motion to have Vice-Mayor Glass-Castro be the Voting Delegate at the Florida League of Cities Annual Conference made by Commissioner Thomas. Seconded by Commissioner Taylor. Voting Aye: All. 9. Aquatic/Community Center in Bert Bostrom Park. This item was moved to the August 21, 2024 agenda. 10. Resolution 54-08-24 Update to the Master Fee Schedule. Motion to approve Resolution 54-08-24 made by Vice-Mayor Glas-Castro. Seconded by Commissioner Taylor. Voting Aye: All. REQUEST FOR FUTURE AGENDA ITEMS: Vice-Mayor Glas-Castro requested a Spanish Heritage Proclamation for the second meeting in September. ADJOURNMENT: Motion to adjourn made by Commissioner Thomas. Seconded by Commissioner Taylor. Voting Aye: All Lake Park Harbor Marina P3 Quarterly Update FOREST DEVELOPMENT AUGUST 7, 2024 OVERVIEW – KEY ACTIVITIES • Hotel, Boat Storage, Restaurant, and Marina Leases are approved. • PUD to be reviewed by Planning and Zoning. • State of Florida reverter appraisal pending. • Marina resiliency planning underway. • Annotated Exhibit B – Updated. • Gantt Chart – Updated.  Hotel Lease Approved 1/03/24. Boat Storage, Public Marina & Marina Restaurant Approved 5/15/24. Letter sent State on 12/21/23. Approval in process as of 8/07/24. Planning & Was submitted on 12/18/23. Zoning prd. Resubmittal pending for final staff 8/17/24. review -- September/October. Pending PUD Approval August/September. Submitted on 5/29/24 & 6/26/24. Pending 3rd submittal by end of August. PZB September/October. Town Commission November. Submitted on 5/29/24 & 6/26/24. Pending 3rd submittal by end of August. PZB September/October. Town Commission November.  Pending PUD Approval First Permit DEP applied for Response Subitted Response to comments 8/01/24. Submitted 8/05/24 Was submitted on 5/29/24, and again on 6/26/24. Pending 3rd submittal by end of August. PZB September/October. Town Commission November. UPCOMING KEY EVENTS • Town of Lake Park Planning & Zoning Hearing – September/October 2024 • Town of Lake Park Commission PUD Review and Approval – November 2024. • Questions & Answers  Town Commission Meeting August 7, 2024 Testimony on Recommend Budget Extension Process Michael Steinhauer, OTR, MPH, FAOTA Good evening, Mayor and members of the Town Commission. My name is Michael Steinhauer, and I reside at 435 Greenbriar Drive. My comments will be civil and respectful of decorum I appear today because there is a Town of Lake Park budget preparation process that needs re- thinking this year. It seems to me that when any Executive Director, or a CEO, or an Administrator, or even a CFO are about to exit their organization, that serious consideration must be afforded, to minimally adjust the process of the preparation of the following year’s budget, so that those who will be mostly responsible for its application can take ownership, be accountable, and respond to the organization’s constituents in the 1 subsequent year when the budget is applied. It can’t be “business as usual” in the circumstance when the leader steps down, and he or she, immediately after submitting the following year’s budget, leaves the organization without a full, detailed, and accountable review of the work product. The budget process here leaves very little room, very few days, for a careful appraisal of the work submitted. I empathize with you good people on the dais. Even you, especially with newer commissioner members, must admit that the complexity of the town budget can be overwhelming, and that both you elected officials, and we residents, the people paying for the budget decisions, need more time to absorb, understand, create 2 priorities, and feel comfortable with these important decisions. So, I therefore request a simple extension of the budget process so that key staff serving the town next year, and the town’s stakeholders, have some breathing room to work together and get it right. There is just enough uncertainty about the Town Manager’s judgement, potentially tainted by self-interest or special interests, at the tail end of his tenure here, to pause a few weeks and be sure that line items are critically evaluated without exiting bias. Too much is at stake to do anything less. And the good will created by a budget review extension, will go a long way in sending a message to taxpaying residents, that the culture of its elected leaders know when it’s time to do the right, smart thing. 3 I would fail to understand why a prudent budget process extension would cause harm. Please approve this recommendation. Good evening. Thank you. 4