Town Council Regular Meeting

Town of Loxahatchee Groves Water Control District/Town Council Meeting Tuesday, January 15, 2019 - 7:00 p.m. Town Hall, 155 F Road Loxahatchee Groves, Florida 33470 MINUTES 1. OPENING a. Call to Order & Roll Call Mayor Browning called the meeting to order at 7:00 pm. Present were Mayor David Browning, Vice Mayor Todd McLendon, Council Members David DeMarois, Phillis Maniglia, and Anita Kane. Also present were Town Manager William Underwood, Town Attorney Michael Cirullo, and Acting Town Clerk Perla Underwood. 2. ORDER OF BUSINESS a. Additions, Deletions or Modification, and Approval of Agenda Council Member Anita Kane requested that Item 12.d.3 be moved to 10.a. Council Member Phillis Maniglia requested that 12.b.7 be removed. Motion: a motion was made by Vice Mayor McLendon, and seconded by Council Member Kane to modify the Agenda was requested. Motion passed, 5/0. 3. PUBLIC COMMENTS Ken Johnson, Collecting Canal Road, discussed the concerns about fires within the community, and would like the Town to address how it may be able to curb fires. Marge Herzog, A Road, announced that the Landowners Association would be hosting the Meting the Candidates forum on February 28, 2019, at 7:00 pm at the Palm West Presbyterian Church. Ron Jarriel, 2300 161st Terrace North, advised the Council about his concerns about increase in theft, and trash not being picked up. Robert Shorr, 1742 E Road, expressed his views on trash that was cleaned up on S. B Road, the Budget Amendment for consideration, and the RETGAC Committee funding. 4. PRESENTATIONS a. Monthly Status Report – Municipal Technologies LLC – Steven Murray Council Member Kane requested that the inclusion of the Greyson expenses included as part of the Status Report. Steven Murray provided the Town Council with a review of work that included the completion of the email migration, quotes on computer replacements, and working with Municode on migration. Additional he advised that is not currently working the GIS . Upon question, Mr. Murray advised that the email migration was included in the current budget with total costs of $1300. Additionally, he explained computer replacements were budgeted in the current FY2019 Budget. Council Member Maniglia inquired about the software system, and was advised that Blackbaud is looking at the software in an attempt to determine what is causing the errors. With respect to the approval of the Greyson Industries licensing and equipment purchase included as part of the Consent Agenda as Resolution No. 2019-DD03, Mr. Murray advised that purchases relative system security for both the Town and the District. He provided the Council with a brief overview of the level of service to be included as part of this licensing and equipment purchase. Council Member Maniglia advised that while she feels that upgrade is needed, she also is concerned about costs. b. Monthly Status Report – Geoffrey B. Sluggett & Associates – Geoffrey Sluggett Mary McNicholas provided the Town Council with a Summary of Roads and Drainge, Equestrian/Multi-use Trails, and Pilot project for Water Resiliency Planning that was modified by the Town Council at their December 18, 2018 Special Meeting. McNicolas advised that she has received input from the Town’s engineers, Keshavarz & Associates, the Town’s traffic engineer, Simmons and White, and Town’s Planning Consultant, Land Research Management regarding those projects identified by the Town Council. The Council reviewed the several proposed road and drainage projects along with associated costs for the following road segments: • D Road from Southern Blvd. north to Collecting Canal Road • D Road from Collecting Canal Road to Okeechobee Boulevard • North B Road (Okeechobee Blvd. north to North Road) • Collecting Canal Road - Conceptual Design and costs only Following a review of estimated expenses, Council DeMarois questioned if what would happen if the matching funds pledged provided by the Town was used for emergencies. Town Manager Underwood advised that the matching funds will be reserved specifically for the approved project, but in the event of an emergency, the Town would be able to Page 2 of 14  security the needed funding by borrowing using the Bond funding that was approved by the voters several years ago for road improvements. Council Member DeMarois stated that he feels these road improvements identified should be postponed until another year as he feels the Town currently does not have sufficient resources to both pledge matching funds, and deal with a potential hurricane this year. Council Member Kane and Maniglia both expressing their priority that North B Road should be considered the first priority, and South D Road as second priority for road improvements requests to the State. Motion: a motion was made by Council Member Maniglia, and seconded by Council Member Kane setting North B Road as the top priority, and South D Road as a secondary priority. Motion passed, 5/0. With respect to the Equestrian/Multi-Use Trails, McNicholas advised that the Council has directed that submitting grant applications as well as adding the previously designed Signalization of two horse crossings at Okeechobee Blvd. and B and F Roads. McNicholas advised that numerous grants have been identified and are still looking for the previous grant submitted by the Town. Additionally, the cost estimates of $27,246 for each horse crossing were provided. Upon question from Town Council, Town Manager advised that Underwood Management did produce the grant that was submitted to the State, however, he has never seen the grant nor does he have a copy. Ron Jarriel, 2800 161st Terrace North, advised that the Town did not pay for the grant work, but was paid for by Underwood Management. Vice Mayor McLendon asked if the previous grant included a trail on North A Road. Town Manager Underwood advised that North A Road was included in the previous grant submission. Council Member Maniglia advised that if Underwood has not located the grant by Friday, that McNicholas should contact the State in order to get a copy of the submitted grant. It was generally agreed to contact RETGAC member Nina Corning as she would have a copy of the grant submission. Motion: a motion was made by Vice Mayor McLendon, and seconded by Council Member Kane to approve the recommendation to submit funding requests for the two horse crossings, and ensure that Sluggett & Associates begin applying for grant funding for trails. With respect to Water Resiliency Planning, McNicholas advised that she had meeting last week with the Town Manager, and Public Works Direct, along with the Town’s Engineers, and Planning Consultant in order to determine water quality needs, and it determined to go forward with a “Pilot Project for Water Resiliency Planning” with a recommended budget of $500,000. McNicholas advised that the Groves Town Center was identified for this pilot program because of its 1650 linear foot property adjacent to Collecting Canal, and would like to Page 3 of 14  construct the pilot project within the landscape buffer/trail adjacent to Collecting Canal using the western 800 feet comprising 5.5 acres of land for this project. Town Council generally agreed to incorporate this project as part of the funding requests to the State. 5. WATER CONTROL DISTRICT BUSINESS FOR THIS PORTION OF THE AGENDA THE TOWN COUNCIL WILL SERVE AS THE LOXAHATCHEE GROVES WATER CONTROL DISTRICT BOARD OF SUPERVISORS, A DEPENDENT DISTRICT OF THE TOWN OF LOXAHATCHEE GROVES. a. CONSENT AGENDA Council Member Kane requested Item 5.a.1 pulled from the Consent Agenda. Council Member Maniglia requested Item 5.a.3 pulled from the Consent Agenda. 2. Resolution No. 2019-DD02 Amending the Schedule for Regular Board of Supervisors Meetings for FY 2019 RESOLUTION NO. 2019-DD02 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE LOXAHATCHEE GROVES WATER CONTROL DISTRICT, FLORIDA, AMENDING A SCHEDULE FOR THE REGULAR BOARD OF SUPERVISORS MEETING DATES FOR FISCAL YEAR 2018—2019; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Motion: a motion was made by Council Member Kane, and seconded by Council Member McLendon to removed Items 5.a.1 and 5.a.3 as requested from Consent Agenda, and approve Item 5.a.2. Motion passed, 5/0. 1. Resolution No. 2019-DD01 Authorizing Purchase of a John Deere Tractor RESOLUTION NO. 2019-DD01 A RESOLUTION OF THE LOXAHATCHEE GROVES WATER CONTROL DISTRICT, A DEPENDENT DISTRICT OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, AUTHORIZING THE PURCHASE OF A JOHN DEERE TRACTOR FROM EVERGLADES FARM EQUIPMENT (EFE, INC.). THROUGH THE FLORIDA SHERIFFS ASSOCIATION 2018-2019 CONTRACT FSA18-VEH16.0 FOR VEHICLES AND EQUIPMENT; AUTHORIZING THE EXECUTION OF ALL DOCUMENTATION FOR THE PURCHASE OF THE TRACTOR; PROVIDING FOR AN EFFECTIVE DATE. Upon question from Council Member DeMarois, staff advised that the purchase was made under the State’s Sheriff Association Contract to purchase the equipment. Page 4 of 14 Public Work Director Larry Peters advised for the need for the tractor to box blade the Town Roads, and the purchase included front end loader attachment that can be used to spread rock on the roads as well. Council Member Maniglia advised that she is against purchasing a grader, and feel that the Town should sale the Long Arm Tractor, and would like to bid this equipment. Council Member Kane expressed her position on the District equipment. Ron Jarriel, 2800 161st Terrace North, provided the Town Council with other local vendors that can provide equipment at a lesser amount to include a water truck. He also recommended the Town should lease the equipment needed rather than doing an outright purchase. He further advised that he would not recommend John Deere for any purchase as they do not provide good service. John Ryan, 3508 A Road, spoke in favor, and provided examples of why the Town should not get rid of the Long Arm Tractor. Motion: a motion was made by Vice Mayor McLendon to approve Resolution No. 2018- DD01 for the John Deere Tractor. Vice Mayor McLendon withdrew his motion for lack of a second. 3. Resolution No. 2019-DD03 Authorizing Purchase of Equipment and Licensing from Greyson Technologies to implement a multi-tiered security approach for protection of desktops, infrastructure and web activity RESOLUTION NO. 2019-DD03 A RESOLUTION OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, AUTHOIRZING THE PURCHASE OF EQUPMENT AND LICENSING FROM GREYSON TECHNOLOGIES TO IMPLEMENT A MULTI-TIERED SECURITY APPROACH FOR PROTECTION OF DESKTOPS, INFRASTRUCTURE AND WEB ACTIVITY; AUTHORIZING THE EXECUTION OF ALL DOCUMENTATION FOR THE PURCHASE OF THE EQUIPMENT AND LICENSING; PROVIDING FOR AN EFFECTIVE DATE Vice Mayor McLendon advised that he does not see the need for IT services. He also suggested that the total cost be reduced by one half. Council Member DeMarois requested that Security needs should only for Town Hall equipment and web activity, and should exclude security protection for the equipment and infrastructure at the Water Control District. Motion: a motion was made by Vice Mayor McLendon, and seconded by Council Member DeMarois to adopt Resolution No. 2019-DD03, and reduce the total costs of $16,656.26 in half, and implementation to be done for Town Hall equipment and web activity. Motion passed, 5/0. End of Water Control District Business…………. Page 5 of 14 TOWN COUNCIL AGENDA ITEMS 6. COMMITTEE REPORTS – FAAC Report – Ken Johnson, Vice Chair Ken Johnson provided the Town Council report on the FAAC meeting that looked at the positions needed and costs associated with the Town moving from a contract services contract to hiring of its own Town employees. He advised that the Committee reviewed several pay plans from several Florida municipalities. The Committee was provided with the functions that currently are used within the Town by Underwood Management in an attempt to determine how many employees are needed as well as the positions that will be to be filled. Mr. Johnson reviewed the information provided to the Town identifying the nine positions for consideration along with the Midpoint wages determined based on the pay plans reviewed from other municipalities. He highlighted the column entitled Midpoint w/Benefits @ 40% that reflect total costs of approximately $733,599.04. Mr. Johnson also reported that the FAAC is looking at the ability for the Town to contract out some services currently provided. He also suggested the Town consider using volunteers for secretarial services, receptionist services, and Agenda preparation and distribution. Additionally, he advised that crossing training of all employees will need to be a priority as well has the need for a Human Resources employee to handle personnel. Council Member Maniglia asked if the FAAC could review insurance coverage costs. 7. CONSENT AGENDA The Town Council general agreed to pull items 7.a, 7.b, 7d, 7i, and 7k Motion: a motion was made by Vice Mayor Todd McLendon, and seconded by Council Member Kane to approve the following Consent Agenda items 7.c, 7.e, 7.f, 7.g, 7.h, 7.j c. GOREN, CHEROF, DOODY & EZROL, P.A. Invoices December 2018 f. Resolution No. 2019-03 Supporting Palm Beach State College Legislative Request RESOLUTION NO. 2019-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, SUPPORTING THE REQUEST BY PALM BEACH STATE COLLEGE TO THE FLORIDA LEGISLATURE FOR $16.7 MILLION IN FUNDING FOR ITS PROPOSED DENTAL AND MEDICAL SERVICES TECHNOLOGY BUILDING AT ITS LOXAHATCHEE GROVES CAMPUS; URGING THE FLORIDA LEGISLATURE AND GOVERNOR TO APPROVE THIS REQUEST; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. g. Resolution No. 2019-04 Celebrating 50 Years of Home Rule in Florida RESOLUTION NO. 2019-04 Page 6 of 14  RESOLUTION OF TOWN OF LOXAHATCHEE GROVES, FLORIDA, HONORING FIFTY YEARS OF MUNICIPAL HOME RULE IN THE FLORIDA CONSTITUTION AND COMMITTING TO AN EDUCATIONAL INITIATIVE TO HELP FLORIDIANS UNDERSTAND THIS BENEFICIAL RIGHT. h. Resolution No. 2019-05 Approving Work Authorization with Land Research Management – RETGAC RESOLUTION NO. 2019-05 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, AUTHORIZING AND APPROVING THE TOWN PLANNER’S WORK SCOPE IN RELATION TO THE TOWN’S RETGAC COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. j. Approval Confirming Authority for Town Attorney to permit dismissal of Harris lawsuit with each party bearing their own attorney’s fees and costs. At 9:30 p.m., the Town Attorney recommended the Town Council move Item 8.a., to ensure that the quasi judicial hearing relative to Dustin Ertle property on Bryan Road was held as advertised, and followed by Public Comments to ensure the public can speak as meeting will adjourn at 10:30 p.m., and be continued on Wednesday, January 16, 2019. Motion: a motion was made by Council Member Kane, and seconded by Council Member Maniglia to reorder the agenda to move Item 8.a. Public Hearing – quasi judicial, and Item 13.a, Public Comments as recommended by Attorney Cirullo. 8. PUBLIC HEARINGS – quasi judicial a. Request for Appeal of Administrative Ruling – Re: Residential Enterprise ULDC Section 08-020(G) – Dustin Ertle, 13313 and 13387 Bryan Road At 10:35 p.m., the Town Council recessed the meeting at 10:30 p.m., until 6:00 p.m., January 16, 2019 7. CONSENT AGENDA CONTINUED a. Minutes: December 4, 2018 Town Council Workshop Meeting b. Minutes: December 4, 2018 Town Council Regular Meeting Motion: a motion was by Vice Mayor McLendon, and seconded by Council Member Maniglia to approve the December 4 Workshop Meeting Minutes with a correct on Page 1 to reflect the Town Attorney was not present at the meeting, and a correction to the Regular Meeting Minutes to page 4 correcting “No action was taken on motion” to “Motion passed, 4/0, and on page 14 correcting Motion passed, 4/1” to “3/1”. Motion passed, 5/0. d. Resolution No. 2019-01 Adopting a Budget Amendment for Fiscal Year 2019 Page 7 of 14  RESOLUTION NO. 2019-01 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, ADOPTING A BUDGET AMENDMENT FOR THE TOWN’S BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. Motion: a motion was made by Council Member Kane, and seconded by Council Member Maniglia to approve Resolution No. 2019-01 as amended reducing IT costs by approximately 50%. Motion passed, 5/0. e. Resolution No. 2019-02 Amending Town Council Meeting Dates RESOLUTION NO. 2019-02 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, AMENDING A SCHEDULE FOR THE REGULAR TOWN COUNCIL MEETING DATES FOR FISCAL YEAR 2018- 2019; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Motion: a motion was made by Vice Mayor McLendon, and seconded by Council Member Kane to approve Resolution No. 2018-02 amending the Town Council Meeting scheduled for 2018-2019. Motion passed, 5/0 i. Resolution No. 2019-06 Approving Proposal to provide accounting review related to LGWCD OGEM Loan Disbursements and other Necessary Accounting Procedures for FY2018 RESOLUTION NO. 2019-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, APPROVING A PROPOSAL FROM RICHARD E. HARTLEY, CPA, TO PROVIDE AN ACCOUNTING REVIEW RELATED TO THE DISTRICT OGEM LOAN DISBURSEMENTS AND OTHER NECESSARY ACCOUNTING PROCEDURES FOR THE FISCAL YEAR 2018; AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF LOXAHATCHEE GROVES AND RICHARD HARTLEY, CPA; AND PROVIDING FOR AN EFFECTIVE DATE. Motion: a motion was made by Vice Mayor McLendon, and seconded by Council Member Kane to approve Resolution No. 2019-06 as presented. Motion passed, 5/0. j. Resolution No. 2019-07 Implementing 125 Plan for Employee Health Insurance RESOLUTION NO. 2019-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, IMPLEMENTING A SECTION Page 8 of 14  125 PLAN FOR HEALTH AND MEDICAL INSURANCE PREMIUMS, FLEXIBLE SPENDING ACCOUNTS (FSA), HEALTH REIMBURSEMENT ACCOUNTS (HRA), RETIREMENT HEALTH SAVINGS (RHS), AND SUPPLEMENTAL INSURANCES FOR TOWN EMPLOYEES; APPROVING AN ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF LOXAHATCHEE GROVES AND JAG ENTERPRISES, LLC, D/B/A BENEFITS WORKSHOP, FOR BENEFITS ADMINISTRATIVE SERVICES, AND AUTHORIZING THE EXECUTION THEREOF; CONFIRMING RELATED EMPLOYEE BENEFIT OPTIONS AND RATIFYING INSURANCE RENEWALS; PROVIDING FOR AN EFFECTIVE DATE Chris Gehring, representing Gehring Group advised the Town Council that Resolution 2018-07 was implementing the 125 Plan for Health and Medical Insurance premiums, flexible spending accounts, health reimbursement accounts, retirement health savings and supplemental insurance for Town employees that was presented at the last Town Council meeting in December. He reminded the Council that his company had looks at plans in the market, and the renewal of the existing policies of the LGWCD were recommended as based on the costs. Upon question from Council Member Maniglia, Gehring advised that part time employees are not eligible. Upon question from Council Member DeMarois, Gehring advised that Underwood Management Services Group, the Town’s management services provided is not included in the Town’s program. Upon question from Council Member Maniglia, Gehring advised that carriers are prohibited from targeting individuals with preexisting medical conditions, and are also prohibited from inquiring about smoking. Motion: a motion as made by Vice Mayor McLendon, and seconded by Council Member Maniglia to approve Resolution No. 2019-07. Motion passed, 5/0. End of Consent Agenda…………….. MOTION SECOND VOTE 9. PUBLIC HEARINGS a. First Reading of Ordinance No. 2019-01 Codifying the Loxahatchee Groves Water Control District Special Acts as Ordinances of the Town. ORDINANCE 2019-01 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, CODIFYING THE LOXAHATCHEE Page 9 of 14  GROVES WATER CONTROL DISTRICT SPECIAL ACTS AS ORDINANCES OF THE TOWN OF LOXAHATCHEE GROVES PURSUANT TO CHAPTER 2018-245, LAWS OF FLORIDA; AMENDING THE LANGUAGE FROM THE SPECIAL ACTS TO CONFORM TO THE PROVISIONS OF CHAPTER 2018-245 AND TO THE DISTRICT NOW BEING A DEPENDENT DISTRICT OF THE TOWN OF LOXAHATCHEE GROVES, AS REFLECTED ON EXHIBIT “A” HERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Motion: a motion was made by Vice Mayor McLendon, and seconded by Council Member DeMarois to adopt Ordinance No. 2018-01 on first reading. Motion passed, 5/0 12.d.3 Discussion and Direction potential separation of Town Management Contract and direct hire of a new Town Manager. Council Member Kane advised that she would like the Town Council to consider exercising the 120 day option to terminate the contract with Underwood Management Services Group. She advised that after reviewing the proposals submitted by Head Hunters, she advised overall the process will take between 60 to 120 days to complete, and she cannot justify expensing $30,000 for these services. Council Member Kane advised that she has identified a Town Manager for hire, and she took the lead, and has been negotiating with this individual for many weeks. She advised that the Council must vote to hire the individual prior to her naming the individual tonight. She informed the Council, the individual is a current Town Manager, and feels this will serve the community. She explained that if this is agreeable then the Council would remove Town Manager Underwood within 60 days, or at such time that the new Manager can begin work, but that Underwood Management employees would continue to serve through the balance of the four months ending around May 18. Council Member DeMarois stated that he did not think this was fair as it was not advertised, and he does not feel comfortable hiring a Town Manager without even knowing the person’s name. Council Member Maniglia advised that landowners and residents are not happy. Vice Mayor McLendon advised that he is concerned as he did not hear a plan for new employees. Council Member Kane advised that the new Manager will be able to hire new staff during that two (2) month period ending in May that Underwood’s employees will remain working at the Town. Member Kane also advised that the individual will be able to assemble and recruit his team immediately if the Council approves this action. Page 10 of 14  Motion: a motion was made by Council Member Kane, and seconded by Council Member Maniglia to approve the termination of Management Services Contract by providing the 120 day notice as required. Motion failed, 3/2. Mayor Browning, and Council Member DeMarois voted no. Mayor Browning asked the Attorney what action would be needed to reconsider the previous action. Attorney Cirullo advised that only the prevailing parties can bring the item about for reconsideration. Motion: a motion was made by Mayor David Browning to reconsider the motion to terminate the Management Services Contract with Underwood. Council Member Maniglia seconded the motion. Motion passed, 4/1. Council Member DeMarois voted no. Council Member Kane requested the consensus of Town Council of support before the selected individual’s name could be revealed. All elected official stated their support of the candidate that was selected by Member Kane. Council Member DeMarois stated his opposition, and advised that the selection should be made after the election by the new sitting Town Council. Council Member Maniglia advised that she had reached out to Candidate Danowski, and another candidate here tonight, and she reported that Candidate Danowski advised she did not object, and Maniglia believes that Candidate Shorr will not have a problem with the selection as well. Council Member Kane announced that the candidate she has met for the position is Jamie Titcomb, Ocean Ridge Town Manager. Virginia Standish, North Road, expressed disappoint on the process taken, and advised the Town had hired a P.R. guy with limited Manager experience. Ron Jarriel, 161st Terrace North, provided his support for the selection. Marge Herzog, A Road, expressed her approval and reminded that the audience that Mr. Titscomb worked with Town’s the Incorporation Committee. Motion: a motion was made by Anita Kane to hire Mr. Titcomb as the new Town Manager subject to legal and council review. Vice Mayor McLendon seconded the motion. Motion passed, 4/1. Council Member DeMarois voted no. Council Member Kane requested that Town Attorney Cirullo prepare the termination notice to Underwood Management for receipt by the end of the week, and review the Employment Contract to be provided by Mr. Titscomb, so that the Town can schedule a meeting as soon as practical. Town Attorney advised that the Town can schedule a Special Meeting on Tuesday, January 29, 2019 as that will provide sufficient time to post the meeting date, and ensure receipt of the necessary documents for Council review and approval. Page 11 of 14  Motion: a motion was made by Council Member Kane, and seconded by Council Member Maniglia to schedule a Special Meeting on Tuesday, January 29, 2019 to include the following Agenda items: • Approving Employment Agreement with new Town Manager • Transition of Town Manager, William Underwood • Discussion and Direction Relative to sources of funds relating to Legislative Appropriations. Motion passed, 5/0. 10. NEW BUSINESS a. Review of Responses to Letter of Interest for Recruitment Advisor, and Consultant Services for Town Manager position Motion: a motion was made by Council Member Maniglia, and seconded by Council Member Kane to pull from Agenda as a result of the direct hire of a new Town Manager. Motion passed, 5/0. b. Discussion and Direction Relative to Updating Personnel Manual Motion: a motion was made by Council Member Maniglia, and seconded by Council Member Kane to pull from Agenda as this time for input to be provided by new Town Manager. Motion passed, 5/0. 11. MANAGER’S REPORT – a. Receive and File PBC Sheriff’s Office Monthly Report b. Receive and File PBC Fire Rescue Monthly Report Reports accepted by the Town Council. c. File and Receive Solid Waste Report Relative to Purchase of additional 96 gallon standardized solid waste containers for inventory, and method of charging for new and/or replacement containers not initially on assessment rolls. 12. COUNCIL REPORTS a. Vice Mayor McLendon 1. Update on opening trails Motion: a motion was made by Vice Mayor McLendon, and seconded by Council Member Maniglia to have staff tag and them remove all gates and obstructions from Town property. Motion passed, 5/0. 2. Update on law enforcement Council reviewed the FDLE letter of response regarding requirements for law enforcement services. Page 12 of 14  Council Member DeMarois questioned if the Town referendum should fail would the Town be required to contract with Sheriff or other City for law enforcement services. Mayor Browning expressed his concern relative to loss of state funding, and requested Town Attorney to reach out to the Department of Revenue on requirements relative to receipt of such funds by the Town in the event that law enforcement was discontinued. Ron Jarriel, 2800 161st Terrace North, advised that removing gates wrong, and questioned the continued attack about Palm Beach County Sheriff was not necessary. Motion: a motion was made by Vice Mayor McLendon, and seconded by Council Member Kane to have the Town Attorney contact the Department of Revenue as requested. Motion passed, 4/1. Council Member DeMarois voted no. 3. Discussion and direction on amending policy to establish cut-off date for adding items to regular council meeting agendas b. Council Member Maniglia 1. BTR’s- procedure of charging residents and landowners 2. How does Underwood Mgmt’s Code Enforcement Officer keep track of daily activities, photos, and correspondence, etc? What is the process that initiates contact from Underwood Mgmt’s CEO 3. Waste Pro – Questions regarding honoring previous dumpster contracts dated prior to the franchise with landowners and residents. How many cans did we get large & small, how many were damaged, what was the total cost of delivery cleaning and dispersing them to the public? Invoices please. How many damaged and not damage do we have in the LGWCD yard. Why is the CEO the one to check if there is more than one resident on the property if Larry is the one delivering cans. 4. Update from T Mgr regarding direction from council to speak to MJC regarding removing the roller and water truck charges from the agreement, if they are not providing the services. 5. Update on Grader, water truck & roller info for LGWCD 6. Barbwire installed along community trail system 7. Town Hall closed on Monday instead of Fridays c. Council Member DeMarois 1. Discussion and Direction Relative to Resolution No. 2018-21 RV Pilot Program 2. Discussion and Direction Relative to FAR d. Council Member Kane 1. Discussion and Direction Relative to Fireworks Policy 2. Discussion Relative to Vegetation Debris removal inconsistencies (Waste Pro Representative invited) 3. Discussion and Direction potential separation of Town Management Contract and Page 13 of 14  direct hire of a new Town Manager 13. CLOSING COMMENTS a. Public b. Town Attorney c. Town Council Members 14. ADJOURNMENT The next regular Town Council Meeting is tentatively scheduled for February 19, 2019 Comment Cards: Anyone from the public wishing to address the Town Council, it is requested that you complete a Comment Card before speaking. Please fill out completely with your full name and address so that your comments can be entered correctly in the minutes, and give to the Town Clerk. During the agenda item portion of the meeting, you may only address the item on the agenda being discussed at the time of your comment. During public comments, you may address any item you desire. Please remember that there is a three (3) minute time limit on all public comment. Any person who decides to appeal any decision of the Council with respect to any matter considered at this meeting 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 included testimony and evidence upon which the appeal is to be based. Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk’s Office (561-793-2418), at least 48 hours in advance to request such accommodation. Page 14 of 14