Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Minutes Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 Wesnesday March 04, 2026 6:30pm Roger Michaud __ Mayor Michael Hensley __ Vice Mayor John Linden __ Commissioner Michael O'Rourke __ 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 6:36 P.M. PRESENT Mayor Roger Michaud Vice Mayor Michael Hensley arrived at 7:27 P.M. Commissioner Judith Thomas Commissioner John Linden Commissioner Michael O'Rourke PLEDGE OF ALLEGIANCE Mayor Michaud led the Pledge of Allegiance. Regular Commission Meeting March 04, 2026 Page 1 APPROVAL OF AGENDA: Motion to approve the agenda made by Commissioner O'Rourke, Seconded by Commissioner Linden. Voting Yea: Mayor Michaud, Commissioner Thomas, Commissioner Linden, Commissioner O'Rourke. SPECIAL PRESENTATION/REPORT: 1. Proclamation - Let’s Move Palm Beach County - March 2026. Mayor Michaud presented the Digital Vibez representative with the proclamation. The representative thanked the Commission for the proclamation and explained the program and the challenge. 2. Presentation, Discussion & Direction - Evergreen House Preservation Project – Baker Design Build (30% Plans). Public Works Director Jaime Morales presented to the Commission (Exhibit A). Mayor Michaud asked if there would be a change in the layout. Public Works Director Morales explained that the only interior changes were access modifications for American’s with Disabilities Act (ADA) requirements. He also spoke about the preservation methods they will use to protect the floor and ceiling during the modification process. He went on to state that the project is fully funded with a grant and the Town’s matching funds. Mayor Michaud asked about the ownership status of the contents of the Evergreen House. Public Works Director Morales explained that an inventory had been completed and there would need to be a conversation with the Historical Society to determine ownership of the items. He stated that they would be putting together a usage agreement for use of the Evergreen House. Commissioner Thomas asked how long the project would take. Public Works Director Morales stated it would be four months from start of construction to completion. Commissioner O’Rourke thanked Commissioner Linden for his work with the Historical Society and getting this project moving forward. Regular Commission Meeting March 04, 2026 Page 2 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. -Michael Steinhauer provided comments via Exhibit B. -Larry Zabik with Zabik and Associates stated the following: “Since the beginning of the Nautilus 220 project in Lake Park I have worked with Peter Baytarian as the Project Manager including the work at the Marina. I’m here to address the barge lease. In the summer of 2020 we entered into an agreement with the town to lease slips in the Marina. The slip leases specifically allowed us to dock a barge and the Town represented that the barge could be docked there and was used as our sales facility. The original agreement included a termination clause that either party could terminate in sixty days after which under the agreement the marina facility had to be restored to its original condition except that fixed floating docks would be installed in slips D55 to D57. To complicate matters, that restoration requirement was omitted in subsequent annual leases. While the barge was in the Marina, all rent was paid timely and the working relationship between us and the Town was professional and collaborative. In 2025, the Town notified us that the Florida Department of Environmental Protection (FDEP) determined the barge violated the DEP’s rules and the sales barge had to be removed. We removed the barge in October 2025 without complaining. The barge was never supposed to be in the Marina. Months later, we received a letter from the Town’s attorney demanding that we pay rent for the slips that were not occupied after the barge had already been removed and further, that we underwrite $850,000 of improvements to the Marina which are not specified in any agreement, without providing any details or specifications and without any reference to the Town’s legal basis for the demands. We are willing to work to restore the Marina or pay the Town the value the monetary equivalent of that restoration work. We have communicated as such, but from what we can see, the Town’s only response is we didn’t make that offer soon enough. We have requested a face-to-face meeting with the Town and its counsel, with this contractor and with a mediator if that would be helpful. We have not received a response to that request yet. We understand that at the last meeting the Town Commission directed the attorney to initiate litigation. The Town has its attorneys, Forest has their attorneys. But anyone who’s litigated something that runs for years, at the end of the day Regular Commission Meeting March 04, 2026 Page 3 no one wins. We are encouraging the Commission to require a meeting as we have requested, mediation will be mandatory in any set of litigation so before any other action is taken, we are requesting that we do this meeting. Everyone can put their cards on the table. We can come to an acceptable resolution so that we can move forward and I appreciate your time this evening.” -Peter Baytarian, Developer of Nautilus 220 and the Town’s selected P3 partner for the marina redevelopment project stated the following: “As you know Nautilus 220 is the largest economic engine the Town has seen in decades. I know each of you personally, and you all have my cell phone number. I’m in Lake Park every day. I’m here tonight to set the record straight. Our company was selected through a competitive public p3 process. The Commission voted unanimously in our favor. The Town was represented by its Town Attorney and a third party consultant. The selection and approvals occurred during multiple fully noticed public hearings. There was no back room deal. The process was transparent, legal and deliberate. The suggestion that the Sunshine Law was violated is simply wrong. After selection we spent nearly two years negotiating a comprehensive development agreement. Both sides invested approximately $500,000 each in legal fees and professional fees to finalize a binding contract. The agreement was executed and ratified by the prior Commission. The message now being sent to the development community is troubling. Is a contract not a contract in Lake Park? Is that the message you want to send to future developers or anyone else who wants to contract with the Town? For more than three years we worked in good faith to implement the project. It advanced the Town’s vision and long term planning objectives. The marina redevelopment was publicly discussed, displayed on the Town’s website and represented to residents as the part of the Town’s future. Everything remained on track until February 2025. Meetings were slowed, communication stalled and progress stopped. Most critically, the Town cancelled a scheduled meeting with the Governor and Cabinet to remove the deed restriction required under the contract. Without the removal, the project cannot proceed. The Town also withdrew the DEP and Army Corps permit application previously approved by the former administration. Importantly, had the DEP permit not been withdrawn, the project would have proceeded and delivered significant economic benefits to the Town. The project would have generated an immediate $1.2 million payment, $300,000 in annual lease payments and approximately a million dollars a year in additional tax revenue. However, Regular Commission Meeting March 04, 2026 Page 4 these benefits never came to pass due to the Town’s recent actions. Actions that were intentional and not inherited. Despite this we remained ready to deliver…” (Time limit expired). -Mary Beth Taylor provided comments via Exhibit C. 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 Commissioner Linden, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Commissioner Thomas, Commissioner Linden. Commissioner O’Rourke was not present during the vote. 3. Regular Commission Meeting Minutes - February 18, 2026 4. Resolution 15-03-26 - Amendment #1 - Subrecipient Grant Agreement (No. MT130) - Community Development Block Grant Mitigation Program (CDBG-MIT) - Florida Department of Commerce - Southern Outfall Initiative Stormwater Improvement Projects 5. Resolution 16-03-26 - Cancel Regular Commission Meeting - March 18, 2026 and Reschedule Meeting to March 25, 2026 PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: NONE PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: NONE NEW BUSINESS: 6. Presentation, Discussion & Direction - US Highway 1 Median Landscaping Plan (Silver Beach Road to Palmetto Drive) - Florida Department of Transportation (FDOT). Public Works Director Morales provided an overview of the item (Exhibit D). Regular Commission Meeting March 04, 2026 Page 5  Consultant Cotleur & Hearing representatives Damaris Williams and Aaron Wilbur presented to the Commission (Exhibit E). Commissioner O’Rourke spoke in favor of the landscaping but that it will restrict traffic access at certain points, which he feels, may create safer traffic scenarios. Commissioner Thomas asked for a three-tiered breakdown of possible maintenance costs. She also requested that this plan stay consistent with agreements regarding the car dealership (Earl Stewart) that the Town had made previously. Public Works Director Morales explained that staff had conversations with Mr. Stewart and it was agreed that they would not be using Lake Shore Drive. Commissioner Thomas stated that trucks that are traveling south may have issues making a U-turn at Palmetto Drive to head back north towards Earl Stewart. Public Works Director Morales explained that any trucks needing to access that area will not be able to do so via a U-turn. They would have to come from the south headed north. Commissioner Thomas also spoke about complaints received about trucks parked along Jasmine Drive to the west. Public Works Director stated that he would speak with staff about having code enforcement perform an inspection of that situation. -Vice Mayor Hensley arrived at 7:27 P.M. Commissioner O’Rourke also mentioned another car dealership that may present similar issues. Mayor Michaud spoke in favor of being presented with the three-tier maintenance cost report along with the types of trees that may be used. Mr. Wilbur discussed a few examples of possible trees and their maintenance levels. Vice Mayor Hensley also spoke in favor of the three-tiered cost report. Commissioner Thomas stated that oak trees may present a problem due to their root structure. Public Comment: -Brady Drew spoke in favor of the landscaping and new tree planting. -Mary Beth Taylor provided comments via Exhibit F. Motion to approve the project but to have Florida Department of Transportation (FDOT) present to us a maintenance plan in three levels made by Commissioner O’Rourke. Commissioner Thomas asked if it is common for other communities to cover the cost of maintenance. The FDOT representative stated that it is common and that if the Town Regular Commission Meeting March 04, 2026 Page 6  chooses not to cover the maintenance, they would not install landscaping, only grass. Modified motion to adopt the plan FDOT has established for the medians on US 1 in Lake Park and the Town agrees that after the establishment period to establish a maintenance program for those improvements with a proposal for three levels of maintenance costs made by Commissioner O'Rourke, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Vice Mayor Hensley, Commissioner Thomas, Commissioner Linden, Commissioner O'Rourke. TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Baird referred to his memo (Exhibit G) and stated that the quasi-judicial process is separate and different from this process. Town Attorney Baird provided an update on the Sunshine Law complaint and that the plaintiff has agreed to remove Mayor Michaud, Commissioner O’Rourke and Commissioner Linden’s names from the complaint with the condition that the Town agree to early mediation. Town Attorney Baird stated that he is seeking a motion to mediate the case. Motion to mediate the case made by Vice Mayor Hensley. Seconded by Commissioner Linden. Town Attorney Baird clarified that this is the Sunshine lawsuit brought by Mr. Perhacs. Voting Aye; Mayor Michaud, Vice Mayor Hensley, Commissioner Linden, Commissioner Thomas. Voting Nay; Commissioner O’Rourke. Town Manager Reade announced the following; the grant making application process is now open. The Lake Park Historical Society has moved into the library and using a study room. The library will have free tax preparation assistance available on Saturdays from 10am to 2pm. Tour de Lake Park on March 14th meet at Town Hall at 1:45pm, ride begins at 2pm. Sunset Celebration on March 27th from 6pm-9pm. Community Workshop for the Kelsey Park Splash Pad from 10am to 1pm on March 28. Town Manager Reade asked for consensus for an ethics awareness month proclamation. The Commission approved this proclamation. Finally, he announced that the Commission had previously approved the purchase of a sanitation vehicle through TD Bank. The resolution was approved but named a different bank. The Commission unanimously provided the Town Manager with direction to move forward with the financing for the Public Works Sanitation Regular Commission Meeting March 04, 2026 Page 7 vehicle from TD Equipment Finance Inc. as approved during the February 4, 2026 meeting and in advance of approving the revised resolution for TD Equipment Finance Inc. during the next Commission Meeting. -Commissioner Linden spoke about the Historic Society move to the Library. He also spoke about meeting Amanda Kelsey. -Commissioner O’Rourke spoke about the Southern Outfall project item on the consent agenda. He commended Grant Writer/Chief Public Information Officer Merrell Angstreich for securing an additional $1.7 million in grant funding. Public Works Director Morales explained that Capital Projects Manager John Wille had secured the additional grant funds, plus additional time for completion of the project. -Commissioner Thomas welcomed Grant Writer/Chief Public Information Officer Angstreich back from an extended leave. -Vice Mayor Hensley announced “Bingo with the Vice Mayor” at 5pm on Saturday, March 7th. -Mayor Michaud announced the Kelsey Cup being held at the Pickleball courts on March 7th at 8am. He thanked resident Terron Mercer for putting the tournament together. He also encouraged all residents to vote on Election Day, Tuesday March 10th. ADJOURNMENT: Motion to adjourn made by Commissioner Thomas, Seconded by Vice Mayor Hensley. Voting Aye: All. Meeting adjourned 8:15 P.M. FUTURE MEETING DATE: Next Scheduled Regular Commission Meeting will be held on March 25, 2026. Regular Commission Meeting March 04, 2026 Page 8 Exhibit A TOWN OF LAKE PARK Department of Public Works Evergreen House 30% Plan Proposal Demolition Plans Existing Floor Plans New Floor Plans Enlarge Bathroom Plans  Exhibit D Town of Lake Park Town Commission Agenda Request Form Meeting Date: January 21, 2026 Originating Department: Public Works Presentation, Discussion & Direction - US Highway 1 Median Landscaping Plan (Silver Beach Road to Palmetto Drive) - Florida Agenda Title: Department of Transportation (FDOT) Approved by Town Manager: Date: Cost of Item: $ 0.00 Funding Source: N/a Account Number: 001-408-597 N/a Finance Signature: Barbara A. Gould Advertised: Date: N/a Newspaper: Attachments: Florida Department of Transportation concept exhibits Please initial one: Yes, I have notified everyone. X Not applicable in this case Summary Explanation/Background: The Florida Department of Transportation (FDOT) has developed a concept landscape plan for the US Highway 1 corridor in Lake Park (from Silver Beach Road north to Palmetto Drive). The proposed plan includes three (3) landscaped median segments: Median 1, Median 2, and Median 3, and the FDOT would fund the initial installation of the proposed landscaping palette. The FDOT will present its landscaping plan concept to the Town Commission, along with information on the annual financial obligation the Town may be responsible for, depending on the Town Commission's direction. If the Town chooses to proceed with this beautification project (which will be similar to segments of the corridor within other neighboring communities), the Town would be required to enter into an interlocal agreement with the FDOT that would require the Town to assume full responsibility of all future landscape and irrigation operations and maintenance costs within this section of the US Highway 1 corridor [beginning approximately two (2) years after project completion upon expiration of the contractor's warranty period]. Proposed FDOT Landscaping Plan Options that are requested to be considered by the Town Commission: a) Median 1 - approximately 196 feet, focal median with the key landscaping species proposed to include Medjool Date Palm, Solitaire Palm, and ground-layer plantings (i.e., Muhly Grass, etc.) b) Median 2 - approximately 794 feet, primary corridor median with the key species proposed to include Live Oak and Crape Myrtle, various species of palm trees (i.e., Sabal Palm, Thatch Palm, Scheffer’s Palm, Montgomery Palm, Blue Latan, Solitaire Palm, etc.), and ground-layer plantings (i.e., Parsons Juniper, Horizontal Cocoplum, Green Island Ficus, Muhly Grass, Coontie Shrubs, Firebush, Variegated Schefflera, etc.) with accents (i.e., Song of India and Queen Emma Crinum Lily) c) Median 3 - approximately 823 feet, secondary corridor accent with key species proposed to include Crape Myrtle, Sabal Palm, Blue Latan, Solitaire Palm, Montgomery Palm, and European Fan Palm, and ground-layering plantings and low shrubs (i.e., Muhly Grass, etc.) The FDOT has estimated that the annual maintenance expenditures (at this time) to support the proposed landscaping plan may be $17,060 to $31,200 per year, depending on the direction of the Town Commission. Note: The FDOT’s estimated annual maintenance costs presented are planning-level, order-of-magnitude estimates prepared for budgeting and policy guidance purposes only. These estimates are based on the current concept layout and assumed maintenance activities, including irrigation operations and repairs, routine horticultural care, cyclical pruning, mulching and fertilization, plant replacement allowances, and inspection and documentation. Actual annual maintenance costs will be subject to final scope definition, the interlocal agreement maintenance performance requirements, site conditions, and prevailing market conditions at the time of procurement. Final costs will be established through competitive solicitation under the Town’s procurement. Damaris Williams, FDOT-Project Manager, and Aaron Wilbur, Landscape Architect, will be in attendance to provide a presentation on each of the two (2) proposed landscaping options for US Highway 1 within the Town of Lake Park. Recommendation: The Town Commission to consider, discuss and provide input/direction on the various Florida Department of Transportation (FDOT) US Highway 1 Median Landscaping Plan (Silver Beach Road to Palmetto Drive) and commit to fully funding all required future (annual) operational and maintenance costs associated with the selected landscaping plan (estimated at approximately $17,060 to $31,200 per year).  Exhibit E FDOT Standalone Landscape Project State Road (S.R.) 5 / US-1 from N. of Silver Beach Rd. to S. of Palmetto Dr. Lake Park, FL US-1 from Silver Beach Rd to Palmetto Dr Project Location: - The project is located within US-1 (SR 5) between Silver Beach Road and Palmetto Drive, within the state right of way. - Project Length – 0.2 Miles US-1 from Silver Beach Rd to Palmetto Dr Project Overview: - Project to follow roadway construction project FPID 438386-2. - Standalone Landscape Project programmed/funded to provide landscaping and irrigation within the proposed US-1 medians. - Landscape design to focus on providing trees, palms, shrubs, and groundcovers throughout the medians. Trees and Palms shall be included in shrub beds with sod maintenance strips provided. - Irrigation shall utilize pump station and well for water source/point of connection. New electric service will be provided. Irrigation components will follow Lake Park preferred components and brand names utilized throughout the Town. - Landscape and irrigation installation dependent on execution of Maintenance Memorandum of Agreement (MMOA). - The Landscape Design Concepts are provided on the following slides. US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Segment 1 (South) – Medians 1 & 2 Overview (Silver Beach Rd to Park Ave) A. Landscape Design with Shrubs and Groundcovers Silver Beach Rd Park Ave B. Landscape Design without Shrubs or Groundcovers Silver Beach Rd Park Ave US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Segment 1 (South) – Detailed A. South Median 1 US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Segment 1 (South) – Detailed A. South Median 2A US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Segment 1 (South) – Detailed A. South Median 2B US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Segment 2 (North) – Medians 1, 2, & 3 Overview (Park Ave to Palmetto Dr) A. Landscape Design with Shrubs and Groundcovers Park Ave Palmetto Dr B. Landscape Design without Shrubs or Groundcovers Park Ave Palmetto Dr US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Segment 2 (North) – Detailed A. North Median 1 US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Segment 2 (North) – Detailed A. North Median 2 US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Segment 2 (North) – Detailed A. North Median 3 US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Plant Palette US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Plant Palette US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Cost (Project Construction) US-1 from Silver Beach Rd to Palmetto Dr Design Concepts: Cost (Maintenance Estimate) US-1 from Silver Beach Rd to Palmetto Dr Next Steps: - As stated, the project requires maintenance commitments from Lake Park to move forward. - The Town of Lake Park will need to sign a maintenance commitment letter, confirming the intent to maintain. - FDOT and the consultant team will coordinate the design and species with the Town for final approval. - An MMOA (Maintenance Agreement) will be developed based on those design preferences and requests and provided for Town/Council execution. - If an MMOA is not executed, FDOT will move forward with Trees, Palms, and Sod only utilizing a standard drought tolerant roadway planting palette.  Thank You Questions or comments? Damaris Williams, PE FDOT Project Manager Damaris.Williams@dot.state.fl.us Aaron Wilbur, PLA Co-President I Project Manager awilbur@Cotleur-hearing.com