Town Council Regular Meeting

Town of Loxahatchee Groves Water Control District/Town Council Meeting Tuesday, March 19, 2019 - 7:00 p.m. to 10:30 p.m. Town Hall, 155 F Road Loxahatchee Groves, Florida 33470 Mayor David Browning (Seat 4) Town Manager James Titcomb Vice Mayor Todd McLendon (Seat 2) Town Attorney Michael D. Cirullo, Jr. Council Member Dave DeMarois (Seat 5) Asst. Town Manager Francine Ramaglia Council Member Phillis Maniglia (Seat 1) Town Clerk Lakisha Burch Member Anita Kane (Seat 3) AGENDA 1. OPENING a. Call to Order & Roll Call b. Pledge of Allegiance & Invocation – Mayor Browning MOTION SECOND VOTE c. Presentation of Canvassing Board Certification of March 2019 Town of Loxahatchee Groves Candidates (will be provided as Addendum prior to Meeting) MOTION SECOND VOTE d. Oath of Office for New Council Members MOTION SECOND VOTE Clerk Note: Appointment of Mayor and Vice Mayor will be conducted during the April 2, 2019 Town Council Meeting. (Pursuant to the Town Charter, Section 2(2)(a)). ***** Short Recess: Cake will be served after the swearing in ceremony ***** Council Member David DeMarois (Seat 5) Town Manager James Titcomb Council Member Phillis Maniglia (Seat 1) Town Attorney Michael Cirullo, Jr Council Member _____________ (Seat 2) Asst. Town Manager Francine Ramaglia Council Member ______________(Seat 3) Town Clerk Lakisha Burch Council Member ______________(Seat 4) 2. ORDER OF BUSINESS a. Additions, Deletions or Modification, and Approval of Agenda MOTION SECOND VOTE 3. PUBLIC COMMENTS 4. PRESENTATIONS a. Monthly Status Report – Municipal Technologies LLC – Steven Murray b. Monthly Status Report – Geoffrey B. Sluggett & Associates – Geoffrey Sluggett 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 1. Approval of Resolution No. 2019-DD04 Relative to Purchase of Tractor RESOLUTION NO. 2019-DD04 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. MOTION SECOND VOTE  2. Approval of Resolution No. 2019-DD05 Relative to Grader Lease RESOLUTION NO. 2019-DD05 A RESOLUTION OF THE LOXAHATCHEE GROVES WATER CONTROL DISTRICT, A DEPENDENT DISTRICT OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, AMENDING RESOLUTION 2018-DD25 TO CONFIRM THE REVISED LEASE-PURCHASE TERMS AND THE UPDATED MASTER LEASE AGREEMENT AND AMENDMENT FOR A JOHN DEERE 620G MOTOR GRADER; AUTHORIZING THE EXECUTION OF ALL DOCUMENTATION FOR THE LEASE-PURCHASE OF THE GRADER; PROVIDING FOR AN EFFECTIVE DATE. MOTION SECOND VOTE 3. Approval of Warrant No. 2019-02 Authorizing Reimbursement to Town for District Expenditures. MOTION SECOND VOTE End of Water Control District Business…………. TOWN COUNCIL AGENDA ITEMS 6. COMMITTEE REPORTS – None 7. CONSENT AGENDA (Public Comment will be permitted on consent agenda items prior to Council vote) a. Minutes: January 15, 2019 Town Council Meeting Part 1 and Part 2 b. Minutes: January 29, 2019 Town Council Special Meeting c. Minutes: February 5, 2019 Town Council Meeting d. GOREN, CHEROF, DOODY & EZROL, P.A. Invoices for February 2019 e. Committee Appointment Reminder due April 2, 2019 MOTION SECOND VOTE End of Consent Agenda…………….. 8. PUBLIC HEARINGS a. Final Reading of Ordinance No. 2018-03 Article 87 ORDINANCE NO. 2018-03 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, RELATING TO THE TOWN’S UNIFIED LAND DEVELOPMENT CODE; REPEALING EXISTING PART III, ENTITLED “SUPPLEMENTAL REGULATIONS,” ARTICLE 87 ENTITLED “NATIVE TREE PRESERVATION, SOIL STABILIZATIONAND INVASIVE EXOTIC  REMOVAL” IN ITS ENTIRETY; REPLACING REPEALED ARTICLE 87 WITH PART III, ENTITLED “SUPPLEMENTAL REGULATIONS,” ARTICLE 87 ENTITLED “NATIVE TREE PRESERVATION AND INVASIVE EXOTIC REMOVAL” IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Postpone to a Date Certain) MOTION SECOND VOTE b. Final Reading of Ordinance No. 2019-01 Codifying Water Control District Special Acts ORDINANCE NO. 2019-01 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, CODIFYING THE LOXAHATCHEE 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 SECOND VOTE 9. OLD BUSINESS a. Discussion Relative to Sunset Provision of RV Pilot Program MOTION SECOND VOTE 10. NEW BUSINESS – a. First Reading Ordinance No. 2019-02 Relating to Law Enforcement ORDINANCE 2019-02 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, PROVIDING THAT IN THE EVENT THERE IS NO CONTRACT FOR LAW ENFORCEMENT SERVICES IN EFFECT BETWEEN THE TOWN AND THE PALM BEACH COUNTY SHERIFF’S OFFICE (“PBSO”) OR AN ADJOINING MUNICIPALITY, THE LAW ENFORCEMENT SERVICES IN THE TOWN WILL BE THE STANDARD LAW ENFORCEMENT SERVICES PROVIDED BY THE PBSO; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION SECOND VOTE b. Discussion Relative to Attorney General Response - Law Enforcement Services MOTION SECOND VOTE b. Approval of Resolution No. 2019-13 Designating ICMA as Town’s Retirement Plan - Deferred Compensation 457 Program for Town Manager RESOLUTION NO. 2019-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, DESIGNATING THE ICMA RETIREMENT CORPORATION AS THE TOWN'S RETIREMENT PLAN ADMINISTRATOR AND PROVIDING OTHER MATTER RELATED TO THE PLAN; DIRECTING THE TOWN CLERK TO FORWARD SAID RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE AND OTHER PURPOSES. MOTION SECOND VOTE c. Resolution No. 2019-14 Amending Vantage Care Retirement Health Savings for Town Manager RESOLUTION NO. 2019-14 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, AMENDING THE TOWN'S VANTAGE CARE RETIREMENT HEALTH SAVINGS (RHS) PLAN AND PROVIDING FOR RELATED MATTERS; DIRECTING THE TOWN CLERK TO SAID RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE AND OTHER PURPOSES. MOTION SECOND VOTE d. Resolution No. 2019-15 Amending Retirement Plan to permit Loans - Deferred Compensation 457 Loan Plan for Town Manager RESOLUTION NO. 2019-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, AMENDING A RETIREMENT PLAN TO PERMIT LOANS, PROVIDING THAT THE PLAN ASSETS BE HELD IN TRUST, WITH THE TOWN ACTING AS TRUSTEE; DIRECTING THE TOWN CLERK TO FORWARD SAID RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE AND OTHER PURPOSES. MOTION SECOND VOTE  e. Approval of Resolution No. 2019-16 FY2019 Budget Amendment #2 RESOLUTION NO. 2019-16 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 SECOND VOTE g. Approval of Resolution No. 2019-17 Ratifying Rock Material Expenditures providers RESOLUTION NO. 2019–17 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, RATIFYING THE PURCHASE OF ROAD ROCK FROM PALM BEACH AGGREGATES, LLC., IN AN AMOUNT OF $_30,189.79, AS SHOWN ON THE ATTACHED COMPOSITE EXHIBIT “A” AND AUTHORIZING THE PAYMENT FOR SUCH; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION SECOND VOTE h. Approval of Resolution No. 2019–18 Approving Selection of Road Material Providers RESOLUTION NO. 2019-18 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, AUTHORIZING THE PURCHASE OF BASE ROCK FROM PALM BEACH AGGREGATES, LLC AND D.S. EAKINS CONSTRUCTION CORPORATION; FINDING IT NOT TO BE IN THE BEST INTEREST OF THE TOWN TO PROCURE BASE ROCK THROUGH COMPETITIVE BIDDING; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 11. MANAGER’S REPORT – a. Receive and File PBC Sheriff’s Office Monthly Report MOTION SECOND VOTE b. Update on OGEM Loan Reconciliation MOTION SECOND VOTE c. Discussion and Direction Relative to Code Enforcement Moratorium MOTION SECOND VOTE  12. COUNCIL REPORTS 13. CLOSING COMMENTS a. Public b. Town Attorney c. Town Council Members 14. ADJOURNMENT The next regular Town Council Meeting is tentatively scheduled for April 2, 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.