Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 September 17, 2025 Immediately Following the Special Called Community Redevelopment Agency Meeting Roger Michaud __ Mayor Michael Hensley __ Vice Mayor John Linden __ Commissioner Michael O’Rourke __ Commissioner Judith Thomas __ Commissioner Richard J. Reade __ 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 6:41 P.M. PRESENT Mayor Roger Michaud Vice Mayor Michael Hensley Commissioner Judith Thomas arrived at 6:49 P.M. Commissioner John Linden Commissioner Michael O'Rourke PLEDGE OF ALLEGIANCE The pledge was conducted during the Special Called CRA Meeting. Final Public Budget Hearing September 17, 2025 Page 1 APPROVAL OF AGENDA: Town Manager Reade announced that earlier today agenda number 8 (Employee Benefits [Health Insurance - Florida Municipal Insurance Trust (FMIT) United Health Care, Dental Insurance - CIGNA, Vision Insurance - Human, Basic Life and Accidental Death & Dismemberment, Supplemental Life, Short Term Disability & Long-Term Disability -The Harford] - Fiscal Year 2026 was added to the agenda. Commissioner O'Rourke asked that agenda item number 8 be taken before agenda item number 5 under New Business. Motion to approve and reorganize the agenda made by Commissioner O'Rourke, Seconded by Commissioner Linden. Voting Yea: Mayor Michaud, Vice Mayor Hensley, Commissioner Thomas, Commissioner Linden, Commissioner O'Rourke 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. - Dr. Jason Jewell expressed concern regarding traffic safety. He referenced an email he sent to staff. He asked that traffic safety be placed on an upcoming agenda. - Jesse Vanatta representing Freedom Boat Club spoke of all the sponsorship and partnership opportunities with the Town over the years. - Kelly Steele spoke positively about Freedom Boat Club. She announced the Community Clean Up taking place on Saturday, October 18, 2025 from 9-11 a.m. The Great American Clean Up is taking place on the same day. Palm Beach County Sheriff’s Office Major Matino announced that Captain Steven Thibodeau has been reassigned to District 3 and his last day in Lake Park would be September 27th. He introduced Captain Terra Sanford as the new commander starting September 27th. Captain Sanford gave her brief professional history. Captain Thibodeau thanked the Commission for their support Final Public Budget Hearing September 17, 2025 Page 2 throughout the past few months. Commissioner O’Rourke thanked the Captain and shared several stories of how his impact was made in the short amount of time he has been in Lake Park. He wished Captain Thibodeau well and welcomed Captain Sanford. Commissioner Thomas thanked Captain Thibodeau for all he has done for the Town. She stood up to address and honor Captain Sanford as the first female woman of color that would serve Lake Park. Commissioner Linden thanked Captain Thibodeau for all he has done for the Town. Vice Mayor Hensley congratulated Captain Thibodeau and welcomed Captain Sanford. 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 approve the Consent Agenda made by Vice Mayor Hensley, Seconded by Commissioner O'Rourke. Voting Yea: Mayor Michaud, Vice Mayor Hensley, Commissioner Thomas, Commissioner Linden, Commissioner O'Rourke 1. Commission Budget Workshop Minutes - August 28, 2025 2. Regular Commission Meeting Minutes - September 3, 2025 3. Resolution 66-09-25 – Amendment (Renewal) – Law Enforcement Service Agreement – Palm Beach County Sheriff’s Office – FY 2026 - $4,061,845 4. Resolution 67-09-25 - Amendment Number 1 (Renewal) - Marina Landscape Maintenance Services Agreement - Chris Wayne & Associates, Inc. - $43,810. PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: NONE PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: NONE Final Public Budget Hearing September 17, 2025 Page 3 NEW BUSINESS: 8. Resolution 72-09-25 - Employee Benefits [Health Insurance - Florida Municipal Insurance Trust (FMIT) United Health Care, Dental Insurance - CIGNA, Vision Insurance - Human, Basic Life and Accidental Death & Dismemberment, Supplemental Life, Short Term Disability & Long-Term Disability - The Hartford] – Fiscal Year 2026 Town Manager Reade explained the item (see Exhibit A). He introduced Athena Erchard representing Gehring Group who explained the details of the medical plan and rates. Town Manager Reade explained that the one change was to the medical plan where it would be a co-pay plan instead of the very high deductible plan. Motion to approve Resolution 72-09-25 made by Vice Mayor Hensley, Seconded by Commissioner Linden. Voting Yea: Mayor Michaud, Vice Mayor Hensley, Commissioner Thomas, Commissioner Linden, Commissioner O'Rourke 5. Request to Waive Conflict of Interest - Certificate of Appropriateness (COA) Petition to Demolish 918 Park Avenue (The Adler) - Locally Designated Historic Building (Proposed Kelsey on Park Project) - REG Architects. Town Planner Karen Golonka explained the item (see Exhibit B). Commissioner O'Rourke asked for clarification regarding the conflict. Town Planner Golonka explained that they are one of several Professional Consultants working for the Town. They wanted to make the Town aware that they are representing 918 Park Avenue, which was a project moving forward through the Town’s process. The Commission discussed their options to of waiving the conflict of interest and terminating the Professional Services contract with REG due to this conflict. Mr. Manuel Ayala, Vice President of Operations addressed the Commission and explained that REG has been representing The Adler developers. He stated that the Town has another Professional Consulting firm for this project. The Commission expressed their concerns with the project and were against granting the waiver. Town staff provided clarification as it related to the conflict and requested direction. Community Development Director Nadia DiTommaso explained that the Town has been exploring other firms to Final Public Budget Hearing September 17, 2025 Page 4  represent the Town for this particular application. Town Manager Reade clarified that when this project began REG was representing the developer and was not under Professional Contract with the Town. Since then, REG began a Professional Contract with the Town, which has led to this waiver request. Attorney Lashley requested time to review the termination clause in the contract. He asked the Commission to stick to the agenda item. Commissioner Thomas felt she did not have enough information to vote. Mr. Ayala explained that if the Town did not grant the waiver then he would report that back to his team and his team would need to make a determination on whether to continue working with The Adler or the Town. They could not work for both. Commissioner Thomas expressed her discomfort with how this discussion has evolved. She explained that REG has used the information they gained by working for the Town and used it for their client The Adler. Attorney Lashley recapped that it sounds like there was a four to one vote to not grant the waiver. He stated that REG could then decide if they want to terminate the contract with the Town for Professional Services or drop their client. Motion to deny the waiver of conflict made by Commissioner O’Rourke; Seconded by Commissioner Linden. Commissioner O’Rourke felt that the conflict does not relate to something that this firm has done with regards to this Town. The firm was familiar with the property because they have worked before on this property. He felt that losing that familiarity with the building, as an engineering firm would be a loss of valuable information. Commissioner Thomas had no credibility with the firm. Vice Mayor Hensley felt that the Town was taken advantage of. Voting Yea: Commissioner Linden, Commissioner Thomas, Vice Mayor Hensley, Mayor Michaud. Voting Nay: Commissioner O’Rourke 6. Resolution 68-09-25 - Town Grant Award - Community Beautification Improvement Fund (CBIF) - 339 Evergreen Drive - $13,000 (Driveway Replacement). Final Public Budget Hearing September 17, 2025 Page 5  Community Development Director Nadia DiTommaso explained the item. Commissioner O'Rourke asked where in the budget these funds reside. Finance Director Barbara Gould explained that there is a Beautification Fund that the Town Commission has set aside specifically for this purpose. Motion to approve Resolution 68-09-25 made by Commissioner Linden, Seconded by Vice Mayor Hensley. Commissioner Thomas was very glad to see this applicant before the Commission. She asked how much would be left in that budget after this was awarded. Finance Director Gould would provide that figure. Town Manager Reade stated that there were plenty of funds in that account. Voting Yea: Mayor Michaud, Vice Mayor Hensley, Commissioner Thomas, Commissioner Linden, Commissioner O'Rourke. Ms. Shelly Travelstead, applicant- introduced herself and explained their family asset. The Commission thanked Ms. Travelstead for reaching out to the Town. 7. Resolution 69-09-25 - Reschedule Town Commission Regular Meetings - October 2025 (2nd & 4th Wednesday of Month). Town Manager Reade explained the item. Motion to approve Resolution 69-09-25 made by Commissioner O'Rourke, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Vice Mayor Hensley, Commissioner Thomas, Commissioner Linden, Commissioner O'Rourke. Vice Mayor Hensley announced that he would not be available on October 22nd. Town Clerk Mendez announced the dates of the October meetings as October 8 and October 22nd. Commissioner O’Rourke asked if there were many agenda items on October 22nd. Town Clerk Mendez explained that there was a presentation by Ellyn Bogdanoff and a site plan expected that evening. TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Attorney Brett Lashley announced the filing of a complaint again 1100 2nd Court. Final Public Budget Hearing September 17, 2025 Page 6 Town Manager Reade thanked Attorney Lashley for all his assistance in the past few weeks. He congratulated Captain Thibodeau for all he has done for the Town. He explained the Lobbyist presentation scheduled for October 22nd. They are already working on their legislative agenda because the committee meetings are starting in October. He announced the possible scheduling of workshops in October or November for SB180 and P3 PUD Site Plan. The Town Attorney has put together an amendment to the P3 Comprehensive Agreement. All the permits are on hold under further notice. He announced the Multicultural Festival on Saturday, September 20th and Sunset Celebration on Friday, September 26th. He announced a Public Records and Sunshine Law training-taking place on Friday, September 19 in the Commission Chamber. The Commission approved the three proclamations - Voter Education Week; Friends of the Library; and Vote Early Day. He wished Nadia DiTommaso a happy birthday. He thanked Public Works Director Jaime Morales for coming up with a safe alternative for entering the building during Commission meetings. Public Works Director Morales explained that a temporary ramp would be installed at the north entrance doors. Commissioner O'Rourke had no comments. Commissioner Thomas had no comments. Commissioner Linden thanked everyone involved with making the Commission Chamber safer during a meeting. He stated that residents are getting frustrated that no one was responding to residents request either by email or at a Commission Meeting. He suggested that someone should be responding. Town Manager Reade explained that staff would be reaching out to residents in the future. He explained that the resident who spoke earlier this evening sent the email to the wrong address and the Town Clerk forwarded the email to the correct staff members. The resident received responses from the Captain, Public Works and Community Development. Vice Mayor Hensley stated that he does reply, but does not use reply all. He apologized that he would be late to tomorrow’s meeting. Mayor Michaud shared his Town issued cell phone at 561-718-8989 or email him at rmichaud@lakeparkflorida.gov. He wished his mother a happy birthday. REQUEST FOR FUTURE AGENDA ITEMS: NONE Final Public Budget Hearing September 17, 2025 Page 7  Town of Lake Park Town Commission Agenda Request Form Meeting Date: September 17, 2025 Originating Department: Human Resources Resolution 72-09-25 - Employee Benefits [Health Insurance - Florida Municipal Insurance Trust (FMIT) United Health Care, Dental Insurance - CIGNA, Vision Insurance - Human, Basic Life and Accidental Death & Dismemberment, Supplemental Life, Short Term Disability & Long- Agenda Title: Term Disability - The Hartford] - FY 2026 Agenda Category (i.e., Consent, New Business, etc.): ___________________________________________________________________________________ Approved by Town Manager: Date: Cost of Item: $821,780.00 Funding Source: Various Various as funded in FY Account Number: 2026 budget Finance Signature: Barbara A. Gould Advertised: Date: Newspaper: Attachments: Resolution; Exhibit A Please initial one: Yes I have notified everyone Not applicable in this case Summary Explanation/Background: The HR Department has identified a need, along with the Town’s Employee Benefits Consultant, Gehring Group/Risk Strategies, to review and renew the Town’s employee benefits for Fiscal Year 2026. Recently, the Town Manager had requested the HR Department and the Gehring Group to review the cost of benefits paid by our employees and to identify options to choose a health plan to that was more functional and cost efficient for our staff. As a result, the Gehring Group issued a Request for Proposals (RFP’s) to the insurance marketplace for medical insurance coverage, and a number of options were received (See Attached). Medical Insurance: The current provider of the Town’s employee medical insurance is Florida Municipal Insurance Trust (FMIT) United HealthCare Choice Plus HSA Plan 8, which is due for renewal on October 1, 2025 for Fiscal year 2026. Although the renewal from Florida Municipal Insurance Trust (FMIT) United HealthCare generated an 8.2% (or $53,250) annual increase to the Town for the upcoming 2025-2026 plan year, the Town requested the Gehring Group to determine if a more affordable (employees’ out of pocket costs) plan would be available. As a result, the Gehring Group issued a Request for Proposal (RFP) for medical insurance and received the following proposals: Florida Blue - excess of 100% premium increase, Cigna - 11.7% premium increase and Curative - 3.5% premium increase. Additionally, the Florida Municipal Insurance Trust (FMIT) provided an alternate plan option to our current plan with a 15.1% increase, which would provide a plan that is based on co-pays rather than an extremely high deductible plan. Note: The Curative plan, although competitively priced with an attractive plan design, is new to the Palm Beach County and Florida marketplace. However, at this time there is not enough information to move our health benefit to this provider at this time and potentially risk the need for immediate insurance for our staff. However, we will continue to review this option and communicate with organizations that have made the move to this provider to determine if it is a viable option during our next renewal period. Based upon the evaluation provided by Gehring Group, the Gehring Group recommends that the Town obtain employee medical insurance through the Florida Municipal Insurance Trust (FMIT) United Healthcare Choice Plus Plan 14 for Fiscal Year 2026. Dental Insurance: The Town’s current dental program is offered through Cigna and there is no proposed change in this provider and/or the cost to the Town and/or the staff. Employees can visit a contracted provider and utilize up to an annual benefit maximum of $1,500-$1,800 per person as well as the flexibility to access non- contracted providers. The Cigna program will continue to the current benefit structure as well as provide child orthodontia coverage up to age 19. Vision: The Town’s current vision program is offered through Human and there is no proposed change in this provider and/or the cost to the Town and/or the staff. Members enrolled in the vision plan receive an exam and lenses every 12 months and frames every 24 months. The frame allowance at a contracted provider’s office or retail outlet is up to $130 with an additional 20% off the remaining balance. Contact lenses are also covered in network up to a $130 allowance. Life and Disability: The Town’s current basic life and accidental death & dismemberment benefits are provided through The Hartford and there is no proposed change in the provider and/or the cost to the Town and/or the staff. Employees receive a benefit of 1x annual salary up to $50,000. Employee Assistance Program: Due to low employee utilization and in an effort to save funding, the Town will discontinue its stand-alone employee assistance program (EAP) as of October 1, 2025. The Town will move to offer this important service to our staff through our Life and Disability carrier - The Hartford – which provides three (3) face to face visits per year per occurrence. Additionally, the Town will be able to offer this service through our medical insurance program, which will offer an additional three (3) face-to-face visits. Recommendation Summary: Funding to support the proposed increase in medical insurance as well as the Town’s other employee benefits, is included within the proposed FY 2026 Budget. The proposed Employee Benefits have been recommended by the Gehring Group and reviewed by the Town’s Human Resource Manager and the Finance Director. Additionally, the Town has notified the Town’s representatives with the Federation of Public Employees – National Federation of Public and Private Employees (AFL-CIO) (union) and there is support to move to a health plan that provides co-pay options rather than a high deductible plan option. The Town has worked with each of the proposed employee benefit providers and we have received good customer service and a good product. Recommended Motion: I move to approve proposed Resolution 72-09-25 - Employee Benefits [Health Insurance - Florida Municipal Insurance Trust (FMIT) United Health Care, Dental Insurance - CIGNA, Vision Insurance - Human, Basic Life and Accidental Death & Dismemberment, Supplemental Life, Short Term Disability & Long-Term Disability - The Hartford] for FY 2026; and authorize the Mayor to execute the agreement with each proposed insurance provider.  STAFF REPORT: COMMUNITY DEVELOPMENT DEPARTMENT REQUEST BY REG ARCHITECTS FOR THE TOWN COMMISSION TO WAIVE A CONFLICT OF INTEREST Request Rick Gonzalez is requesting a waiver from the Town Commission on behalf of REG Architects and himself to continue to represent The Adler (developer for Kelsey on Park) in connection with its petition for a certificate of appropriateness (COA) to demolish the locally designated historic building at 918 Park Avenue. Please see Attachment 1 for his request. The Adler has submitted a new petition to in essence demolish the 918 building, and as such Mr. Gonzalez would continue to advocate for his client, including at the Historic Preservation Board (HPB)) Hearing and any actions beyond. REG currently has a continuing service contract with the Town, and as such a conflict of interest is created if the firm continues to serve both the Town and The Adler. Under terms of the contract, in order to represent a client doing business with the Town the REG must ask the Town Commission to waive any conflict of interest with the Town created by representing The Adler. The Town Commission may grant or deny the waiver. If the waiver is granted REG can continue to represent and advocate for The Adler, as well as continue under contract with the Town. If the waiver is not granted REG cannot continue to represent both the Town and The Adler. In that instance REG would have to end its contractual association with either the Adler or the Town. If REG decides to end its contractual relationship with The Adler on the petition new supporting documentation will be required from The Adler for their historic preservation board application in order for Staff to be able to process that application (which is concurrently on hold pending the outcome of this conflict waiver request). Current contract the Town The Town has continuing services contracts with various consultants to provide expertise in specific areas needed from time to time. The current firms were selected through an RFP process in 2023. Among the requested specialties was Architecture with experience in historic preservation. Three firms were selected: REG Architects, Engenuity (with REG as the architectural sub-consultant) and Kimley-Horn (with Tim Hullihan as the architectural sub-consultant). Within the executed contracts, the standard language as set out in Section 13. CONFLICTS reads: “The Town recognizes and aknowledges that the Consultant is engaged in a business which provides consulting services to multiples clients including other governmental entities. Further, the Town recognizes and acknowleges that the Consultant may presently, or may in the future, represent clients who are or may be soing business in or with the Town. The Town agrees that the Consultant may perform services for clients who are or may have matters before the Town Commission, provided Consultant discloses any and all clients it represents who may have any matters which are now or may reasonably be expeccted to come before the Town Commission for its considerarion and, provided further, that the Town Commission waives the actural or potential conflict of interest created by the Consultant’s representation of the other client.” This information was communicated to the Adler in an August letter to their attorney, contained in attachment 3. Background: REG and Town As stated above, REG was selected for a continuing services contract regarding architecture with historic preservation experience, and a contract signed in December 2023. REG was also identified by Engenuity as their sub-consultant for architecture in their contract with the Town. REG has previously done work for the Town including the Town Hall interior renovations and reviews of certificates of appropriateness. At the time the continuing services contracts were signed in 2023 REG was already working for The Adler. While REG did not formally disclose this during the selection process, staff was aware. In August 2023, The Adler had submitted a request for de-designation that included a report from REG. Mr. Gonzalez had also represented his client at the October 2, 2023 Historic Preservation Board meeting, advocating that the 918 building had no historical value and should be demolished. Evidence was presented by Community Development staff that in 2017 when REG was under contract with the Town to review a request to renovate the 918 building, Mr. Gonzalez concluded “Overall, the existing building retains a moderate degree of historic integrity of location, setting, materials, design, proportion, massing, feeling, and association” Both the 2017 and 2023 reports described the exact same changes that had occurred to the building over time. However, what was summarized as “minor changes” when the consultant for the Town, became “significant changes” in the 2023 report for The Adler. (See attachment # 23 for verbiage comparison) Mr. Gonzalez’s explanation of this inconsistency due to not having read the master file in 2017 is questionable. The Adler filed an appeal petition before the Town Commission, which was denied. Mr. Gonzalez and REG continued to represent them. A new application for a certificate of appropriateness proposing demolition of the structure has recently been submitted. Now that REG is under a continuing services contract with the Town, the request for a waiver is required and the conflict must be waived in order for the application to proceed. Factors for Town Commission to Consider in Decision The purpose of the waiver clause From time to time a consultant under contract with the Town may be hired by a private sector applicant with a project before the Town. This may result in a potential conflict of interest, depending on the nature of the work. The waiver clause requires that when this occurs, the consultant must receive the Town Commission’s approval to represent both parties. For example, Kimley-Horn provided engineering consulting services for the Kelsey on Park Project. Subsequently, the Town desired to hire the planning branch of the firm to prepare a planning study on the PADD. The Town Attorney determined there was no need for Kimley-Horn to request a waiver, as the engineering contract for the Kelsey on Park project was completed and Kimley Horn was no longer doing work for the project, nor was the Town contracting with Kimley-Horn for engineering, but for planning for the PADD. What should be considered in a waiver request? In representing the Adler, Mr. Gonzalez has taken a position that is clearly adverse to the Town’s position and interest, due to not only the report, but also his advocacy at the hearings. The Adler has refiled its petition to in essence demolish the 918 building, and Mr. Gonzalez desires to continue to advocate for his client, including at the Historic Preservation Board Hearing and any actions beyond. As he is under contract with the Town this presents a conflict of interest. The question is, should the conflict be waived. Some of the questions that the Commission may consider are:  Is there a potential or actual conflict of interest?  Is the representation of the Adler’s interests directly adverse to the Town’s position?  Is there is a significant risk that the REG’s ability to consider, recommend or carry out an appropriate course of action for the Town would be materially limited by the loyalties to the other client?  If REG continues to represent The Adler, will theTown lose its confidence in hiring REG for other work? The Town Commission may feel uncomfortable that a firm they have under contract is arguing against the Town’s position to preserve the building. Further, the change in opinions in 2017 and 2023 based on his client at the time may be concerning. If so, the Commission may choose not to waive the conflict. The Commission may feel that the Firm should not be penalized for zealously representing a client, as they would expect the same. They may have confidence that whatever the outcome of this, REG will represent the Town’s interest or provide an unbiased opinion on future COA reviews. If so, the Commission may choose to waive the conflict. As stated at the beginning of the report, if the waiver is granted REG can continue to represent and advocate for The Adler. If the waiver is not granted REG cannot continue to represent both the Town and The Adler in its request to demolish the historic building at 918 Park Ave. The firm would need to either end its continuing contract with the Town (and as the architectural sub-consultant under Engenuity) and proceed to represent the Adler, or end its relationship with the Adler and continue to represent the Town. Should REG decide to end its contract with The Adler, The Adler must resubmit a new application with a new architect of record and a new report so that the application can be processed. Attach1: Letter from REG Attach 2: Comparison of Report Summaries REG Attach 3: Letter from Attorney Baird to Attorney Nason