Town Council Regular Meeting

TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 Town of Loxahatchee Groves Town Council Meeting Minutes Tuesday, October 2, 2012 at 7:00 p.m. Loxahatchee Groves Water Control District, 101 West “D” Road Mayor David Browning (Seat 4) Town Manager Mark Kutney Vice Mayor Jim Rockett (Seat 2) Town Clerk Susan A. Eichhorn Councilman Tom Goltzené (Seat 5) Town Attorney Michael D. Cirullo, Jr. Councilman Ronald D. Jarriel (Seat 1) Councilman Ryan Liang (Seat 3) MINUTES 1. OPENING a. Call to Order & Roll Call Mayor Browning called the meeting to order at 7:00 p.m. Upon roll call, those present were Mayor David Browning, Vice Mayor Jim Rockett, and Council Members Tom Goltzené, Ronald Jarriel and Ryan Liang. Also present were: Manager Mark Kutney, Town Planning Consultant Jim Fleischmann, Town Attorney Michael D. Cirullo, Jr., and Town Clerk Susan Eichhorn. b. Pledge of Allegiance & Invocation – Mayor Browning c. Approval of Agenda Town Manager Kutney advised that a citizen had requested moving one item up further on the Agenda: Item 11.b.1. – Authorization to Request Attorney General Opinion on Section 604.50, Florida Statutes. Town Council Mtg.Minutes 10/02/2012 Page 1 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 Mayor Browning requested that the Item, 11.b.1. (Attorney request for AGO opinion) be moved to be heard under Item 9. Old Business. Motion: Vice Mayor Rockett moved approval of the Agenda, as amended. The motion was seconded by Councilman Liang. The motion passed 5/0. 2. CONSENT AGENDA a. Minutes for Approval: Minutes of the Town Council Meetings held on August 21, 2012, September 4, 2012, and September 8, 2012. b. Invoice from Goren, Cherof, Doody & Ezrol, P.A. Motion: Motion made by Vice Mayor Rockett, seconded by Councilman Jarriel to approve the Consent Agenda. The motion passed 5/0. 3. PRESENTATIONS a. Presentation of Donation to American Red Cross to be Accepted by Theo Dressler, American Red Cross Regional Senior Director of Emergency Services Mayor Browning presented the donation to Theo Dressler, the representative from the American Red Cross. Mr. Dressler expressed his thanks on behalf of the American Red Cross. 4. COMMITTEE REPORTS – None a. Reconsideration of Finance Advisory & Audit Committee(FAAC) Report & Approval of the June 2012 Financial Report, Submitted at September 4, 2012 Town Council Meeting – Mark Kutney Town Council Mtg.Minutes 10/02/2012 Page 2 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 Town Manager Kutney advised that the FAAC June 2012 Finance Report had been submitted and reviewed at the September 4, 2012, Town Council Meeting, however, a motion of approval had not been made. Motion: Motion made by Vice Mayor Rockett, seconded by Councilman Jarriel to approve the FAAC June 2012 Finance Report. The motion passed 5/0. 5. PUBLIC HEARINGS (Ordinances 2nd Reading)– None 6. ORDINANCES (1st Reading) – None 7. RESOLUTIONS (Resolution No. 2012-17 – Quasi-Judicial Hearing) a. Resolution No. 2012-17 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, APPROVING THE SIMON TRUST BOUNDARY PLAT, FOR LAND OWNED BY TRUST “A” U/W/O/ ALEXANDER ABRAHAM SIMON (AS TO 75% OF THE PROPERTY) AND TRUST “B” U/W/O ALEXANDER ABRAHAM SIMON (AS TO 25% OF THE PROPERTY), CONSISTING OF 96.73 ACRES MORE OR LESS, LOCATED AT THE NORTHWEST CORNER OF SOUTHERN BOULEVARD AND B ROAD, LOXAHATCHEE GROVES, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT “A” TO THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Town Attorney Cirullo read Resolution No. 2012-17 by title, as printed above, and then reviewed the procedures for the public hearing. At this time, attorney Cirullo administered the oath to everyone who intended to speak. Dennis Painter, A & B Engineering, Inc., on behalf of the applicant, presented the plat for approval by the Town Council, and requested that if it is approved tonight, it also be signed and Town Council Mtg.Minutes 10/02/2012 Page 3 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 executed tonight as well. Mr. Painter understood that the plat had been reviewed and met all requirements of the Town and State of Florida. Town Planning Consultant Jim Fleischmann indicated that Mr. Painter represented the property owners. The purpose of the plat was to split the Simon property into two parcels, to accommodate the sale of 75 acres to Palm Beach State College. The plat Resolution was advertised in the Palm Beach Post, consistent with Town requirements and members of the Town Development Review Committee (DRC) were sent a copy of the proposed plat and met on September 27, 2012. No comments were received, with the exception of the Loxahatchee Groves Water Control District (LGWCD), which stated that they could not sign the plat until their meeting next Monday, since it had to be considered a District agenda item. The Town of Loxahatchee Groves Planning & Zoning Board would not be reviewing plats, because of the specific technical nature of plat review. The plat had been reviewed by the Town consulting engineer and consulting surveyor and met all requirements. Staff recommended approval, subject to receiving notice of the appropriate authorization to sign the plat by the LGWCD Board of Directors. Mayor Browning requested any public comment. Nina Corning, 2834 “E” Rd.: Commented regarding the plat printed in the agenda, and that it was not clear enough for her to see whether there was room for a horse trail; suggested that more time was needed to be sure that none of the residents were opposed. Virginia Standish, 15410 North Rd.: Requested that the Town Council make sure that they have a list of all agencies that are required to sign off on this plat and that the Town Council has reviewed it and made sure that all approvals have been obtained from all required agencies. Town Planning Consultant Jim Fleischman noted that all agencies have a place on the plat where they have to sign, the Town’s consulting surveyor and consulting engineer had already signed, and the rest of the signatures were Town signatures, with the exception of the LGWCD. There were no further public comments. Motion: Vice Mayor Rockett made a motion to approve Resolution No. 2012-17. The motion was seconded by Councilman Jarriel. The motion passed 5/0. b. Resolution No. 2012-18 Town Council Mtg.Minutes 10/02/2012 Page 4 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, AUTHORIZING AND ESTABLISHING A FEE FOR PROCESSING BUSINESS TAX RECEIPT APPLICATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Town Manager Kutney introduced Resolution No. 2012-18, explaining that the proposed fee for Business Tax Receipt applications would offset the costs of the Town planning and zoning function in that regard. He noted that he would be coming back with more such fees in November related to zoning review. Town Attorney Cirullo read Resolution No. 2012-18 by title, as printed above. Motion: Councilman Jarriel made a motion to approve Resolution No. 2012-18; seconded by Vice Mayor Rockett. The motion passed 5/0. 8. ADMINISTRATIVE UPDATE – Town Manager Kutney a. Intergovernmental Coordination Committee (IGC) Meeting – report of meeting held on September 19, 2012. Town Manager Kutney provided an administrative report on the following: • Review of the Intergovernmental Coordination Committee (IGC) meeting on September 19, 2012; another IGC meeting was scheduled for October 10, 2012, at 2:00 p.m. Mr. Kutney provided a review of meeting. • Review of invoices from C & C Loader in the amount of $625.00 and WBI Contracting in the amount of approximately $2,000, for work during Tropical Storm Isaac. Mr. Kutney advised that he intended to honor the invoice from CC Loader, and that LGWCD Administrator Clete Saunier had requested that the invoice from WBI Contracting be paid by the Town. Mr. Kutney noted that he had not been consulted regarding the work done by WBI Contracting. Discussion took place regarding payment of the invoices. Town Council Mtg.Minutes 10/02/2012 Page 5 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 John Ryan, 3508 “A” Rd. commented regarding who was responsible for the payment of the invoices. Further discussion took place regarding the payment of invoices. Virginia Standish, 15041 North Rd.: Commented that, as a resident, she found it embarrassing that there was even discussion regarding not paying this contractor. This was a difficult, overwhelming situation. The man put his time and equipment into this job. This Town has wasted plenty of money on mistakes that cost far more than this invoice. John Choquette, 13472 Compton Rd.: Commented that he was one of the contractors who did some of the work there, and that there may have been some miscommunication, and that he wanted the contractor to be paid. Henry Noyes, 14345 Tripp Rd: Commented that he appreciated the Town’s reaction, coming out there during the storm. The water had been very near his front door; his new riding ring that he had spent $12,000 on was floating away. He appreciated the emergency response, but thought it needed to be done earlier, and hoped that any contractor who had stepped up and helped was paid. Vice Mayor Rockett made a motion to pay John Choquette for the full amount of $625, and for the Town Manager to request further information regarding the WBI Contracting invoice. The motion was seconded by Councilman Jarriel. The motion passed 5/0. Town Manager Kutney advised that further discussion relating to this matter would take place on October 10, at the Intergovernmental Coordination Committee (IGC) meeting. Town Manager Kutney continued with his administrative report: • Consideration and review of the duties of the Town Boards. He will come back with a proposed recommendation and policy at the November meeting as to how to move forward – after the discussion on the ULDC tonight he will have more of an idea as to what to bring forward. • Requested approval to have Town Attorney Cirullo represent the Town at the Special Magistrate hearing related to the matter with Seth Brier on “B” road Town Council Mtg.Minutes 10/02/2012 Page 6 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 After discussion, it was the consensus of the Town Council to approve representation by Town Attorney Cirullo, on behalf of the Town, relating to the Seth Brier matter. • Advised that he would be preparing concurrent RFPs for Town engineering services and for various contractors to do a number of assignments such as hedging, culvert repair, etc. Great care would be needed in crafting an RFP, since many of the Town roadways were private easements.. Town Attorney Cirullo reviewed the framework of District roads and Town roads. As the Town has developed, a network of non-district roads have been developed which provide public ways of access to different properties off the main roads. They have been designated as non-district roads. When the Town incorporated, it provided a list of these roads for public purposes to collect the gas tax. It appears that there needs to be a more formal process in place for continuing maintenance of all roads. • Provided information regarding engineering and costs related to culvert replacement on Tangerine Ave., Collecting Canal Rd., and 6th Court North. Calvin Giordono had put together a ballpark figure of $45-60,000 to do that work. • Advised that he had contacted Palm Beach County Commissioner Santamaria regarding Palm Beach County assistance regarding the flooding on Okeechobee Road. A county engineer would be reviewing the situation. Councilman Ron Jarriel commented regarding the flooding on Okeechobee Blvd., and encouraged residents to call Commissioner Santamaria, so that the process of cleaning out the canal in that location would be expedited. • Reported regarding Comprehensive Plan Amendments. The Department of Economic Opportunity did not have any problems with the amendments. It did not appear that there were any challenges so far. Public Comment: Arlene Ferris, 15695 Ferris Lane: Commented regarding flooding during Storm Isaac, and the rock repair work that had been done by the LGWCD on the road and then later had been dug out. Councilman Jarriel suggested that she come to the meeting Monday night at the LGWCD. She said that she just wanted the Town Council to be aware of what was going on. Town Council Mtg.Minutes 10/02/2012 Page 7 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 9. OLD BUSINESS - a. Authorization to Request Attorney General Opinion on section 604.50, Florida Statutes. Town Attorney Cirullo referred to his memorandum in the back-up material, and explained the history of Florida Statute 604.50 He requested consent from the Town Council to prepare a letter to ask for a Florida Attorney General opinion, which he would present at the next Town Council meeting. Before undertaking the effort to prepare the request, he wanted to bring this forward for Town Council discussion and direction. His request was that the Town Council authorize the submission of a request to the Florida Attorney General for an Opinion on the following question: DOES SECTION 604.50, FLORIDA STATUTES (2012), EXEMPT NONRESIDENTIAL FARM BUILDINGS, FARM FRENCES AND FARM SIGNS FROM LAND DEVELOPMENT REGULATIONS ADOPTED PURSUANT TO CHAPTER 163, FLORIDA STATUTES? Councilman Liang suggested the specific mention of corrals, cages, etc., and a definition of what is a structure, as well as clarification as to the scope of the Right to Farm Act, so that there would be a complete understanding of the Statute. Councilman Goltzené suggested that it would be simpler to exempt bona fide agriculture from the ULDC. Howard Voren, 1538 “E” Rd.: Commented regarding the request for an Attorney General Opinion; the pro-agriculture community; and receiving a reply that would not be specific enough or broad enough. John Ryan, 3508 “A” Rd.”: Commented regarding Best Management Practices and using those as a way to have some influence over what makes a good neighbor, both agriculture and residential. He suggested making an adjustment to the Best Management Practices. Bridgett Gesell, 2926 “C” Rd.: Commented that she has a farm, and all of her neighbors have farms also. She asked if taxpayer dollars should be used to ask if there was an exemption from Florida Statutes, and said that she could not see the point of wasting the money. Town Council Mtg.Minutes 10/02/2012 Page 8 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 Todd McLendon, 3481 “D” Rd.: Commented that it would be a waste of money to ask for an Attorney General Opinion, and that the Town is an agricultural community. Nina Corning. 2834 “E” Rd.: Commented that it was sad for an agricultural town to be questioning this on a constant basis, and that the ULDC should fit that In response to Councilman Jarriel, Town Attorney Cirullo estimated that the cost to obtain the Attorney General Opinion would be less than $1,000. Motion: Vice Mayor Rockett made a motion to direct Town Attorney Cirullo to move forward and request the Attorney General Opinion regarding Florida Statute 604.50. The motion was seconded by Councilman Liang. Councilman Liang commented that he wanted a clear answer, so that there were no questions or gray areas. The motion to direct Town Attorney Cirullo to request the Attorney General Opinion regarding Florida Statute 604.50 passed 3/2, with Councilman Goltzené and Councilman Jarriel opposed. ************A break at 9:05 p.m. The meeting was resumed at 9:10 p.m.************* 10. NEW BUSINESS a. Code Enforcement – Case #2020-191 – Town of Loxahatchee Groves, Florida (Petitioner) vs. Todd and Shire McLendon (Defendants) – Administrative Fine Town Manager Kutney reviewed the Code Enforcement Case, referring to the agenda report prepared by Code Enforcement Consultant Beverly Tew. He advised that Town Management agreed that the fine should be upheld in the amount of $3,172.50. He explained that management always attempted to get cost recovery on code enforcement matters, and did not believe the fine amount should be removed. After discussion, Councilman Goltzené made a motion to waive the fine assessed to Todd McLendon in the amount of $3,172.50. The motion was seconded by Councilman Liang. Town Council Mtg.Minutes 10/02/2012 Page 9 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 Todd McLendon, 3481 “D” Rd: commented regarding the code enforcement case, the costs he had incurred, and that the ULDC needs to be fixed. Howard Voren,1538 “E” Rd.: Commented that a complete breakdown of the billable hours was needed, and that Mr. McLendon had spent time preparing a defense before the Special Magistrate and then one of the complaints had been dropped. He requested that the Town Council give the Town Manager direction. John Ryan, 3508 A Rd.: Commented that he had monitored this issue over the years, and thinks that some of the discussion tonight had been focused on setbacks, but the main underlying problem was that aviaries do not have Best Management Practices in Florida. In Florida, aviaries are controlled by the Florida Fish and Wildlife Commission, not the Department of Agriculture. In response to Councilman Goltzené as to whether the invoice was segregated as to how much was spent on the setback issue, Code Enforcement Consultant Beverly Tew replied that when the complaint came in, all three of the issues were addressed. The $3,000 was relative to all of it. The motion to dismiss the fine in the amount of $3,172.50 passed 3/2, with Vice Mayor Rockett and Councilman Jarriel opposed. At this time, Mayor Browning announced that it had come to his attention that some residents present that had an issue with Compton Road, and he requested that Councilman Jarriel provide information. Councilman Jarriel stated the problem with Compton Road was a drainage problem; he stated that he believed that when the drainage ditch hooks up to one of the canals, and supplied drainage for as many residents as Compton Road did, that the Town should clean it out. He requested that Contractor Harold Murphy address the subject. Harold Murphy, 13245 Compton Rd.: Commented that the road and the drainage ditch belonged to the Town and that when we paved the road we had to give that property up to the Town. The residents on the west end of Compton have water in their backyards, and there are health concerns. We do not know where the blockage is. We asked Mr. Choquette to give us a price to clear the area to get it straightened out. It needs the Town Council attention right away. Joe Hosford, 13244 Compton Rd.: Commented that he has lived on the road for many years, and there had never been a drainage problem like this. The water was knee deep in his backyard. He Town Council Mtg.Minutes 10/02/2012 Page 10 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 noted that he was on the south side and his property drained into the canals, and if they were not cleaned, the whole south side was flooded. . John Choquette, 13472 Compton Rd.: Commented that he had looked at the drainage issue in that area, and could not determine where the blockage was. Town Manager Kutney advised that Mr. Underwood had done some research and found that the roads were deeded to the LGWCD. Since this was not an agenda item, he did not have any documents available to review tonight, however, he would do some additional research, and investigate the problem in that area. In response to Vice Mayor Rockett regarding the criteria necessary for direction to move forward immediately to address this issue, Town Attorney Cirullo responded that there was a process allowing an exception requiring a 4/5 vote of the Town Council that it would not be in the Town’s best interest to obtain quotes. The Town Council could also make a finding in a motion that this was an emergency, and then authorize the Town Manager to move forward. There would need to be sufficient facts to authorize repairs as an emergency situation. There would be some due diligence required, even though the amount was less than $25,000. Vice Mayor Rockett made a motion to choose that part of the exception to the Town’s procurement code, and authorize the Town Manager to move forward. Councilman Jarriel seconded the motion. Town Attorney Cirullo asked if, as part of that motion, if there was anything that the Town would need from the LGWCD, it could be conveyed to them tomorrow and that it be discussed Monday night at the LGWCD Board of Supervisors meeting. Vice Mayor Rockett amended the motion to include that language. Town Attorney Cirullo stated that staff would then interpret that motion is that the Town Council granted the authority to implement the motion , which is – if the District requires any prior consent, the Town Manager can sign it. Mayor Browning stated that we could do a fix now, and a long term solution later. Town Attorney Cirullo responded that the Town Council was only authorizing the fix today. He wanted to make sure we are clear. The long term solution was not part of what we are doing tonight – just fix it now. The most important thing is that if there is anything that the LGWCD needs to do that they do it on Monday night, and that is part of your motion. He understood the Town Council Mtg.Minutes 10/02/2012 Page 11 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 direction was to fix the issue we have now; to unplug something and get it flowing. Whatever comes from that as far as a long term solution, was something that would have to be brought back to the Town Council. Joe Hosford, 13244 Compton Rd.: Commented regarding the culverts on Compton Road. John Ryan: 3508 “A” Rd.: Commented regarding ownership of the roads and drainage responsibilities. The motion made by Vice Mayor Rockett, seconded by Councilman Jarriel passed 5/0. b. Unified Land Development Code (ULDC) Review 1. Ordinance No. 2010-002 – Moratorium On Applications For Pain Management Clinic. 2. ULDC Article 87 – Native Tree Preservation, Soil Stabilization and Invasive Exotic Removal. 3. ULDC Article 170 – Special Exception Uses; Special Exception Uses Analysis; Special Exception Recommendations. 4. ULDC Article 75 – Nonconforming Uses, Structures and Plots. 5. Flood Plain Management Zoning – FEMA Model and Palm Beach County Ordinance No. 2004-013. Town Manger Kutney reviewed the issues regarding the ULDC. He advised that it was necessary to come up with a format and a plan of action as to how to approach the review of the ULDC. Councilman Jarriel suggested creating a new committee. Town Attorney Cirullo advised that the Town Council would need to formally establish a new committee. Councilman Goltzené, Councilman Liang, and Mayor Browning agreed that a committee should be established. Town Council Mtg.Minutes 10/02/2012 Page 12 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 Town Attorney Cirullo advised that a Resolution would be brought back to the Town Council, providing a time frame and direction for a new committee. Mayor Browning stated that he would like to get some input from the community and find out what the hot issues are, and tackle them first. Public Comments: Virginia Standish, 15410 North Rd.: Thanked the Town Council for recognizing that the ULDC needs to be reviewed; the possibility of a lawsuit The reason this mini-committee is so necessary is that because you wittingly or unwittingly are headed for a lawsuit – the ULDC was so necessary for the Town to resolve issue; requested that the new committee specifically address the equestrian commercial definition; wants to make sure Florida Statute 163.3163 is the acknowledgement of continuous sustainable agricultural land - make sure that is in ULDC. Nina Corning, 2834 “E” Rd.: Commented regarding equestrian use, and that the committee should have people from all the various eclectic groups of people in Loxahatchee Groves. Howard Voren, 1538 “E” Rd.: Commented that a committee with too many people would never get anything done, and care should be taken in who is on the committee. After further discussion, it was the consensus of the Town Council to direct Town Attorney Cirullo to return at the next Town Council meeting with a Resolution establishing a ULDC Review Committee. c. Discussion Related to Hyde Park Road Hedging – Councilman Jarriel Councilman Jarriel addressed the hedging issues on Hyde Park Road, and requested approval of $374.50 as payment to the LGWCD for hedging done on Hyde Park Road. The costs were for equipment use only He suggested that a temporary interlocal agreement be made with LGWCD for hedging, until an RFP was in place for that purpose. He expressed concern regarding emergency vehicles and garbage vehicles being able to use the roads. . Motion: Councilman Jarriel made a motion, seconded by Councilman Liang, to pay the LGWCD $374.50 for hedging Hyde Park Road. Town Manager Kutney expressed concern about procurement issues, and doing things without an RFP on a piece meal basis; the Management Company did not feel this was proper. Town Council Mtg.Minutes 10/02/2012 Page 13 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 Mayor Browning commented that early on, before Hurricane season, Mr. Kutney had been asked to contact Florida Power & Light (FP & L). Mr. Kutney replied that he would check on that. Councilman Jarriel related some concerns of residents regarding trash pick-up on Hyde Park Road, and hedging on non-District roads. He noted that he was meeting with someone tomorrow who would provide information regarding contractors who do hedging Vice Mayor Rockett stated that there is a complex relationship between the LGWCD and the Town, and that as he understood it the Town was precluded from asking LGWCD to do hedging because it was not in their Interlocal Agreement (ILA). He discussed some specifics of an RFP and noted that the LGWCD would need to be very accurate in how they identified the District and non-District costs. Howard Voren, 1538 “E” Rd.: Commented regarding his experience with Florida Power & Light (FP & L), and that the Town should be able to do something to kill the trees that were causing the problem. Town Attorney Cirullo stated that a comment had been made regarding a purchasing threshold, and this amount of money for this project, given the time and distance from the last hedging, he believed it was reasonable to interpret it as a stand alone purchase, and not bundled with previous work. The motion to pay the LGWCD $374.50 for hedging Hyde Park Road passed 3/2, with Councilman Goltzené and Vice Mayor Rockett opposing. Councilman Liang commented that this was the last time we approve something without following procedures. Mayor Browning agreed, commenting that we do not let people think we are going to take care of them without the proper procedure being followed. 11. CLOSING COMMENTS a. Public Town Council Mtg.Minutes 10/02/2012 Page 14 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 Howard Voren, 1538 “E” Rd.: Reminded everyone that they voted to send a letter for an Attorney General Opinion and never came to an opinion as to the basis of that letter. Town Attorney Cirullo replied that the question was stated in his memorandum, and that he would provide information to include all of the issues discussed. The question would be seen in its entirety at the November Town Council meeting, and could be changed at the November Town Council meeting, if so desired. b. Town Attorney 1. Authorization to Request Attorney General Opinion on section 604.50, Florida Statutes. [This item was moved to Old Business, Item 9.a.] 2. Request to Schedule Attorney-Client Closed Door Meeting, pursuant to Section 286.011(8), Florida Statutes, to Discuss Day v. Town of Loxahatchee Groves, United States District Court, Southern District of Florida, Case No. 12-80947-Civ- Middlebrooks/Brannon. Town Attorney Cirullo requested scheduling an attorney-client closed door meeting to discuss strategies regarding Day v. Town of Loxahatchee Groves, United States District Court, Southern District of Florida, Case No. 12-80947-Civ-Middlebrooks/Brannon. The case has been moved to Federal Court because of some claims regarding civil rights issues. He noted that the attorney- client closed door meeting would open in the public and close in the public, and the strategy discussion would be behind closed doors, with Town Attorney Cirullo, Attorney for Loxahatchee Groves Michael T. Burke, Mayor Browning, all Council Members, and Town Manager Kutney. 3. Update Regarding Town-District Matters. Town Attorney Cirullo stated that it was suggested that prior to October 16, 2012, Town Council Workshop meeting, it was suggested that he bring forth issues that would be discussed at that workshop. He noted that he had included a memorandum in the back-up material for tonight’s meeting that he had issued in May, 2012, as a follow up to the January, 2012, workshop that had taken place regarding this issue. The memorandum included the steps and the issues that needed Town Council Mtg.Minutes 10/02/2012 Page 15 of 16  TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 2, 2012 to be addressed in the event of dissolution of the LGWCD and transforming it into a dependent district. c. Town Council Members Councilman Rockett: Thanked everyone for coming. Councilman Goltzené: Thanked everyone for coming. Councilman Jarriel: Thanked everyone for coming. Vice Mayor Rockett: Thanked everyone for coming. Mayor Browning: Thanked everyone for coming. 12. ADJOURNMENT There being no further business, the Town Council Meeting of October 2, 2012, was adjourned At 11:20 p.m. ___________________________ __________________________ Susan Eichhorn David Browning Town Clerk Mayor (SEAL) These minutes were approved by the Town Council on Tuesday, November 20, 2012 Town Council Mtg.Minutes 10/02/2012 Page 16 of 16