Town Council Regular Meeting

TOWN COUNCIL MINUTES, TUESDAY, OCTOBER 6, 2015 Page 1 of 10 TOW>\. of LOXAHATCHEE GROVES Town of Loxahatchee Groves Town Council Meeting Tuesday, October 6, 2015 - 7:00p.m. to 10:30 p.m. (Times established by Resolution No. 2014-08 ... commencing at 7:00p.m., and ending no later than 10:30 p.m., which can be extended by motiou of the Council.) TOWN HALL 155 F Road, Loxahatchee Groves, Florida 334 70 Mayor David Browning (Seat 4) Town Manager Will iam F. Underwood, II Vice-Mayor Ronald D. Jarriel (Seat I) Town Clerk, Vacant Councilman Tom Goltzene (Seat 5) Town Planning Consu ltant Ji m Fleischmann Counci lman Ryan Liang (Seat 3) Town Attorney Michael D. Cirullo, Jr. Counci lman Jim Rockett (Seat 2) MINUTES 1. OPENING a. Call to Order & Roll Call Mayor Browning called the meeting to order at 7:00 pm. Present were Mayor Dav id Browning, Vi ce Mayor Ronald D. Jarriel, and Councilmen Tom Go ltzene, and Rya n Liang. Councilman Jim Rockett was absent from the meeti ng. Also present were Town Manager William F. Underwood, II , Town Attorney Mi chae l D. Ciru llo, Jr., and Perla D Underwood, Act ing Town Clerk b. Pledge of Allegiance & Invocation - Mayor Browning c. Approva l of Agenda MOTION: Councilman Go ltzene made a motion to approve the Agenda. The motion was seconded by Vice Mayor Jarriel. The motion passed 4/0. 10/06/2015  TOWN COUNCIL MINUTES, TUESDAY, OCTOBER 6, 2015 Page 2 of 10 2. CONSENT AGENDA a. In voice from Goren, Cherof, Doody & Ezrol, P.A. b. Minutes: April21 , 2015 c. Minutes: August 18, 2015 d. Minutes: September I, 2015 e. Minutes September 15, 201 5 f. Approval of Water Utilities Connection Only - Jumas Properties, LLC - 1559 1 40th Street North MOTION: Vice Mayor Jarriel requested that Item 2.f be removed from the Consent Agenda, and added as Item IO.c. Follow ing discuss ion Councilman Liang made a moti on to approve the Consent Age nda. The motion was Seconded by Councilman Goltzene. The motion passed, 4/0. 3. PUBLIC COMMENTS Marge Herzog - A Road Announced upcoming program at the Landowners Association Meeting and invited all to attend. Dennis Lipp - North Road Voiced di spleasure on attempt to discredit management by Councilman Rockett. Reva Harris - 16 1st Terrace North Related her concerns about certain property owners blocking her abil ity to access her property on West A Road. Frank Schiola - Marcella Boulevard Complained about the lac k of an American Flag at the Town Hall , and pointed out that the Town of Loxa hatchee Groves is the onl y municipality in Palm Beach Co unty that does not have a flag. Vice Mayor Jarriel advised that this matter is be ing addressed by the Town Manage r. Councilman Jim Rockett entered the meeting at 7:07 PM BiII Louda - E Road Announced that he would be leav ing the Town Council meeting before discussion begins on management services. Tim Harts-Wood - Timberlane Place Expressed his disappointment that Council continues to question management' s contract even though it recently renewed the services contract. 10/06/2015  TOWN COUNCIL MINUTES, TUESDAY, OCTOBER 6, 2015 Page 3 of 10 4. PRESENTATIONS - NONE 5. COMMITTEE REPORTS -NONE 6. ORDINANCES 7. RESOLUTIONS a. Resolution No. 2015- 32- Muncipal Election 2016 & SOE Agreement A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, CONFIRMING THE DATE, TIME AND PLACE TO QUALIFY AND FILE FOR THE OFFICE OF TOWN COUNCIL MEMBER FOR SEATS TWO (2) AND FOUR (4), ADOPTED THROUGH ORDINANCE 2015-04, PRIOR TO THE MUNICIPAL GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 15, 2016, PURSUANT TO THE TOWN CHARTER AND CHAPTERS 97- 106, FLORIDA STATUTES; THE ELECTION FILING PERIOD OPENS PROMPTLY AT 12:00 NOON ON NOVEMBER 3, 2015 AND CLOSES PROMPTLY AT 12:00 NOON ON NOVEMBER 10, 2015; SETTING FILING FEES; AUTHORIZING THE TOWN CLERK TO APPOINT ELECTION BOARDS FOR ELECTION PRECINCT 6094; AUTHORIZING THE SUPERVISOR OF ELECTIONS TO CONDUCT THE TOWN ELECTION AND APPROVING THE AGREEMENT BETWEEN THE TOWN AND THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS FOR ELECTION SERVICES; PROVIDING FOR CANVASSING AND CERTIFYING RESULTS OF THE ELECTION; AUTHORIZING THE TOWN CLERK OR DESIGNEE TO HANDLE CERTAIN ELECTION MATTERS; PROVIDING FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. Town Attorney Cirullo explained the new language in Resolution with respect to the Pres idential Preference Primary by hi ghlighting changes from prior year reso lutions as follows: • Earl y voting will be included and Town will not be opting out as a result of the Presidential Preference. • Those earl y voting locations will be established by PBC Supervisor of Elections. • PBC Canvass ing Board will serve as the Town 's Canvassing Board, as they are required by law to canvass state and federal elections. • Town will not be required to attend the audit, or be in attendance at SOE facility on the night of the election. • Town Clerk to attend the logistics test. Following a lengthy discussion with respect to the early voting process, and the role of the Town' s Canvassing Board, Councilman Liang Moved, and Seconded by Vice Mayor Jarriel to adopt Resolution No. 2015-32 as read. The vote on the motion was unanimous, 510. 10/06/2015  TOWN COUNCIL MINUTES, TUESDAY, OCTOBER 6, 2015 Page 4 of 10 b. Resolution No. 2015-33- Quit Claim Deed - Re: South BRoad A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, ACCEPTING THE QUIT CLAIM DEED FROM THE LOXAHATCHEE GROVES WATER CONTROL DISTRICT FOR A PORTION OF SOUTH "B" ROAD AS DESCRIBED HEREIN; PROVIDING AUTHORIZATION FOR THE RECORDING OF THE QUIT C LAIM DEED AND TO TAKE ALL ACTION NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; AND PROVIDING FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. Councilman Go ltzene announced that he would not be participating and voting on thi s matter as he has a business relationship with the developers of this project. Councilman Liang Moved, and Seconded by Vice Mayor Jarriel to adopt Reso lution No. 201 5-33 as read. Jo Siciliano - BRoad Requested that the Town Council consider reducing the road width to 18 feet as that would prov ide ample space for the necessary swale as the current canal maintenance easement, canal and road are currentl y 75 feet rather than the 60 foot easement ori ginally granted the LG WCD. The vote on the motion to adopt Reso lution No. 20 15-33 was unan imously adopted,4/0 with Councilman Goltzene abstaining from voting on this matter. c. Resolution No. 2015-34 - Opposin g GL Homes Land Use Change A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, OPPOSING GL HOMES' REQUEST FOR A LAND USE CHANGE TO ITS 4,900 ACRE PARCEL OF LAND LOCATED WEST OF THE ACREAGE; PROVIDING FOR DISTRlBUTION OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. Town Manager advised Town Council on the topic that was considered at the recent meeting held at Village of Royal Palm Beach with respect to GL Homes Land Use Change, and the Resolution proposed was presented for consideration. Motion: Vice Mayor Jarriel Moved, and Seconded by Councilman Go ltzene to adopt the Resolution. During discuss ion, Mayor Browning advised the size of thi s development would expansion of the area 's road systems. Denni s Lipp - North Road Requested that copies of the Reso lution also be send to Mr. Lorenzo DeGamo, Palm Beach County Planni ng Agency, as there will be two hearings before the Palm Beach County Planning & Zoning Board. He also pointed out that Jupiter and Tequesta are work ing 10/06/2015  TOWN COUNCIL MINUTES, TUESDAY, OCTOBER 6, 2015 Page 5 of 10 together to make US I through their Towns two lanes, and feels the Town should use this as a model in an attempt to keep Okeechobee Boulevard within the Town limits a two lane road. BiII Louda - E Road Volunteered to personally deliver a copy of the Reso lution to Commissioner McKinley at their upcoming meeting on October 14. The vote on the motion was unanimous, 5/0. 8. MANAGER'S REPORT - Town Manager Underwood a. Agenda Item Report (AIR) - Updates on various acti vities and issues concern ing the Town. Town Manager Underwood advised the Town Council that the Town Attorney's extension expires on August 15, 201 5, and requested Town Council direction on extend ing the Town Attorney services at this time. Councilman Go ltzene expressed hi s des ire to keep the Town's lega l counse l, Goren Cherof Doody & Ezrol. He asked the Town Attorney about his willingness to stay on as the Town's Attorney. Upon question from Mayor Browning, Town Attorney Cirullo advised that the firm will remain unt il such time as the Town se lects new representation. With respect to his fi rm's reconsideration to stay, he advised that he will need to take it back to the firm for their decision. Counci lman Liang would like to see the extension through the end of the year. Motion: Councilman Go ltzene Moved, and Seconded by Vice Mayor Jarriel to have the Town's counsel continue to perform lega l fun ctio ns until the Town selects new legal representation. The vote on the motion was passed unan imously, 5/0. With respect to Goren Cherof Doody and Ezrol continuing their services to the Town, Mayor Browning stated that it would be necessary to as k the finn their pos ition to reconsider staying, and would request the Co uncil encourage them to remain as the Town's legal representati ves. Motion: Councilman Goltzene Moved to ask GCD&E to continue to perform the legal fun ction on behalf of the Town. Councilman Liang Seconded the motion. Town Manager Underwood suggested that if the fi rm resc inds their letter of resignation, then staff can contact proposers advising that the Town is withdraw ing its Request for Letters of Interest for municipal legal services. Town Manager also detailed the following activities since the last meeting: • Town Clerk Virginia Walton begins on October 13. He advised that Ms. Walton is the current City Clerk at the Village of Palm Springs. 10/06/2015  TOWN COUNCIL MINUTES, TUESDAY, OCTOBER 6, 2015 Page 6 of 10 • Prepared a letter to PBC Commiss ioner McKinley with respect to calming dev ises on Folsom Road. • Office of Inspector General has included Loxahatchee Groves m its 2016 Fiscal Audit Plan. • Loxahatchee Groves is one of two municipalities in Palm Beach County with the lowest millage rates for the upcoming year. • Addressed both the PILOT and Contribution for the D Road improvements with Ms. Simmons, representing Big Dog. • Waiting the final surveys on 61h court north and met with Red Clover Nursery and they express support in favor to meet trail requirements if necessary. • Simmon & White is still working with cost differential and plan with respect to MINTO contribution for the traffic lights. • Working Group on the RV Trai lers - New Horse season Underwood advised that the working group has come up with positive suggestions on how to handle the matter, and Attorney suggested the matter can be addressed adopting a zoning in progress on this matter. Motion: Counci lman Liang Moved, Seconded by Councilman Rockett to adopt a zoning in progress that will get steps in place, and propose changes in ULDG going into the futu re. Attorney Cirullo to provide a resolution to include the rules formu lated by the Town Manager and the working group for town counci l consideration for RV and camping trai lers used during the horse season at the next meeting. Vice Mayor Jarri el stated that thi s wou ld only be a temporary fi x, and time frame will be prov ided by the Town Co unciI. Frank Schiola - Marcell a Boulevard Explained that th is is a hot topic throughout the town. Is aga inst doing something without the abili ty of the public to attend the Manager' s meeting with the working group . Vice Mayor Jarri el adv ised that the Manager reached out to res idents for input in an attempt to bring forward a so lution for Co uncil consideration. Councilman Go ltzene agreed with Vice Mayor Jarriel, but pointed out that the deplorable cond itions that many folks that work in Town live in throughout the community year around that have nothing to do with the equestrian season. Keith Harris - C Road 10/06/2015  TOWN COUNCIL MINUTES, TUESDAY, OCTOBER 6, 2015 Page 7 of 10 Any town action starts with a single step . Manager took steps to li sten to a small group on their views. Expressed his thanks to Vice Mayor Jarriel on this thoughts, and is confident that those against wiII have the opportunity to share their opin ions. Jo Siciliano - BRoad Felt that this policy would allow the generate revenues, and ident ify those not m compliance. Councilman Liang expressed his concern that the meetings of the Manager and residents should have been publically noticed. Mayor Browning explained that the Town Co uncil's comm ittees are different than getting a group that has no power, no authority, and comes together only to prov ide the Manager with input. The vote on the motion to authorize the Town Attorney to draft a Reso luti on for consideration passed, 5/0. • Advi sed that culvert has failed under west C Road at Timberlane Place, and met with the residents, and LGWCD Administrator Yohe. Will wi ll work with the LGWCD to come up with a solution to this matter. Councilman Go ltzene asked if the Town wou ld consider limiting the number of meetings for November and December. Requested that a Town Council meet ing calendar be placed on the next Agenda for di scussion and action. • RFP for public works services for mowing, hedging, grading, watering etc. Provided to OIG for comment and engineers fo r comments and the Town Attorney. • Property Apprai ser reduced the va lue of $1.5 mill ion through Value Adj ustment Board with a tota l impact of$2 100.00 9. OLD BUSINESS- NONE 10. NEW BUSINESS a. Approval of ILA for Temporary Emergency Maintenance Services Agreement with LGWCD - Emergency watering, hedging, signage replaceme nt, and repair of Town Roads. Motion: Vi ce Mayor Jarriel Moved, and Seconded by Co uncil man Liang to approve the ILA for Temporary Emergency Maintenance Services. The vote on the motion passed, 4/ 1. Counci lman Goltzene voted no on the motion. b. Approva l of ILA for Temporary Grading and Repa ir Services and Supply of Base Rock 10/06/2015  TOWN COUNCIL MINUTES, TUESDAY, OCTOBER 6, 2015 Page 8 of 10 and Asphalt Material for Town Roads with LGWCD Town Manager Underwood advised that cost per mile remains same, but road material expenses wi ll increase. Motion: Vice Mayor Moved, and Seconded by Councilman Liang to approve the ILA for temporary grading and repair services, and supply of base rock and asphalt materials for Town Roads The vote on the motion passed, 5/0. c. Approva l of Water Utilities Connection Only - Jumas Properties, LLC 1559 1 40 111 Street North Town Manager adv ised that Jumas Prope11ies is requesting a water connection across no11h road at his expense. Motion: Counci lman Liang Moved, and Seconded by Vice Mayor Jarriel to approve the connection as requested. The vote passed, 5/0. 11. COUNCIL REPORTS Vice Mayor Ron Jarriel - 1. Discussion Relative to Draft Referend um Ballot Language - Town Charter Revision for Debt Vice Mayor Jarriel advi sed that he would like to see a Referendum Ballot question be included in the March election that would allow the Town to borrow money for road improvements. Councilman Rockett would like Town residents to reta in the right to vote on each matter (identify the item). He wou ld not li ke to see that right taken from the citi zens. a Councilm an Liang agreed that spec ific projects must be identifi ed for consideration by the Town's citizen s. Councilman Goltzene feels that a properly written referendum giv ing Town Council power to borrow a limited amount and structured on how it wi ll be paid should be considered . Attorney Cirull o would recommend not making a decision tonight. Advised that pledged reenue borrowing does not need to go through referendum . John Ryan - A Road Advised about state requirements on Genera l Obligation bonds. Mayor Browning expressed his belief that improvements should be a joint effort on the 10/06/2015  TOWN COUNCIL MINUTES, TUESDAY, OCTOBER 6, 2015 Page 9 of 10 part of the Town and res idents alike. People on roads should vote for improvements or not, and the Town will supplement the expenditure. Counci l was advised that the deadline for ball ot question is December 15, 201 5. Motion: Vice Mayor Jarriel requested that the Attorney draft an ordinance for consideration simil ar to the ballot language that was approved last year for the next meeting. Co uncilman Go ltzene Seconded the motion. The vote on the motion failed, 2/3 with Mayor Browning, and Councilmen Liang and Rockett voting against. Councilman Rockett requested Town Manager provide a management report outlinin g what steps Town can take with respect to debt. Councilman Goltzene excused himself from the Town Council meeting at 10:00 PM. 2. Di scussion and Direction Relating to Intergovernmental Committee IGC Vice Mayor Jarriel requested direction from Town Council to reconvene the IGC meetings. Motion: Vice Mayor Jarriel Moved, and Seconded by Co uncilman Rockett to reconvene at the directi on of the Town Counci l. The vote on the motion was 4/0. Councilman Jim Rockett - I. Discussion Relative to Town Management Contract Rev iew - Duties and Responsibility Co unciIman Rockett raised the fol lowing items relating to the Management Services Contract: • Recommended Town Manager evaluation be done each May to include a Financi al Report (audit report), and Manager to prov ide an administrative report as well. • Would like all competitively bids for services to be rev iewed by Financial Committee and Attorney prior to approva l by Town Council. • Would li ke Manager to prepare an Punch list within 24 hours foll owing a Town Council meeting for submission to Town Council. Following a lengthy di scussion, the Town Counci l generally agreed to schedule a meeting for January to discuss and make necessary changes to the Town Management Services Agreement, and requested the Town Manager to provide recommendations on changes to the existing contract. 2. Di scussion of Reimbursement of Waste Pro Fine Assessment 10/06/2015  TOWN COUNCIL MINUTES, TUESDAY, OCTOBER 6, 2015 Page 10 of 10 Councilman Rockett provided a brief review of the report he previously provided Town Council with respect to reimbursements of fines to Waste Pro Fines by management. Following discuss ion by Town Council, no action was taken on the matter. 12. CLOSING COMMENTS a. Public b. Town Attorney c. Town Council Members 13. ADJOURNMENT The next regular Town Council Meeting is tentatively scheduled for October 20, 201 5. There being no further busi ness to come before the Town Council , Mayor Browning adj ourned the meeting at I 0:30 PM. ~iJI2»~ Mayor Dav id Browning Q These minllles were adopted at _ j/- 3 -ct_O /_.6_- mee1ing of Town Council. 10/06/2015