Town Council Regular Meeting




       TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL COMMUNITY OPEN DISCUSSION WORKSHOP MEETING MINUTES TOWN HALL COUNCIL CHAMBERS – 155 F. Road, Loxahatchee Groves, FL 33470 Tuesday, July 2, 2024 CALL TO ORDER: Mayor Kane called the meeting to order at 6:02 p.m. ROLL CALL: Mayor Anita Kane, Vice Mayor Margaret Herzog, Councilmember Laura Danowski, Councilmember Phillis Maniglia, Councilmember Robert Shorr (Present via Zoom), Town Manager Francine Ramaglia, Town Attorney Glen Torcivia, Public Works Director Richard Gallant, Public Works Superintendent Craig Lower, Project Coordinator Jeff Kurtz, Town’s Financial Consultant Chris Wallace (of Munilytics), Town’s Planning Consultant Kaitlyn Forbes (of Complete Cities) and Town Clerk Valerie Oakes were present. OPEN DISCUSSION: Jane Harding mentioned the canal ditches between her home and the neighbor’s home and asked whose responsibility it would be to repair her fence as the trees on her neighbor’s yard, with the last rain and hard wind, have fallen into her yard and breaking her fence. Town Attorney Torcivia stated it would be a dispute between neighbors and that the town does not get involved in that kind of dispute. Mayor Kane asked if she had a good relationship with her neighbor. Ms. Harding stated she doesn’t know them and mentioned when she lived in Delray and this issue would happen, if it was on their side and it fell over on my side, it was their problem and in other places if it fell in her yard, it was her problem and asked someone to shed some light. Town Attorney Torcivia stated that it is always a debate and that he could not give her legal advice but stated that usually if it’s on your side you can trim it and if it is on their side, it is their problem. He continued stating she needs to talk to her neighbor about the tree. Ms. Harding stated she wanted to start someone where this is the third or fourth year of what to do. She then mentioned the RVs and how she understood other people’s sides where it is bad for them and then lots of people say it isn’t bad, but the right people are the ones showing up and doing the right things. 


       Town Council Regular Meeting Minutes July 2, 2024 She asked that we start somewhere if Council wants three spots and that’s what you agree on and you have the intention of using them. She said you cannot punish those that follow the rules and there must be middle ground. She asked everyone to make it easy, especially for those following the rules and help those being tortured by the ones who are not following the rules. This leaves her in limbo every year and she does not know what to do and she is a rule follower so therefore she ends up doing nothing because she did not know the rule properly and then it ends up hurting her. She stated she sees people that are doing things that are beyond her and having her lumped with them is just atrocious so start somewhere and somewhere simple. She mentioned we are nowhere, and we are in the third year doing this and she has celebrities that come to her farm, and they do not want to identify who they are. Robert Austen reiterated what Ms. Harding stated he warned everyone about bringing the RVs here for year-round camping for six months to six months. He stated he mentioned this three years ago that it was not going to work and if it is going to be tailored for people like her, who are following the rules, he has no problem with it, but when there are people who are in RVs and move to a different spot every six months in Loxahatchee who do not live here, like on Collecting Canal Road, it is a problem. He stated they currently have about 30- 40 living in RVs right now. With the addition of two cars, it would be 60 to 80 cars running down Collection Canal Road and unfortunately, she gets lumped in with them who are not following the rules because Code Enforcement does not enforce anything. Mr. Austen mentioned a landscaping business where it seems to be single-family residential property and how they are moving in offices and have a double wide being put up. He mentioned Twisted Spurs, down Collecting Canal, has three travel trailers that they have placed skirting around which seems like they are not planning on going anywhere. He stated old crappy travel trailers are scurrying around because they put an 80s single wide in the back where they have painted it to match their barns. He mentioned a lady that spoke last week who spent $1.4 million on her house and another down the street that spent $1.2 million on their farm who is living next to the apartment building on top of the barn who he feels would not have been built in West Palm Beach or Royal Palm. He mentioned we are missing something with our legal team because the County or state should be able to do something regardless of homestead because you can see the 12-unit apartment building on top of the barn plus four travel trailers on his property and with traffic on Hyde Park, it is atrocious. Mr. Austen stated this guy is ignoring Council and this is the problem with the RV discussion because so many people ignore this town because they feel they can get away with it. Councilmember Maniglia asked the Town Manager about the current RV Ordinance stating it must be roadworthy and tagged and is it enforceable now. Town Manager Ramaglia stated yes if they can see the RV from the street. She continued stating you must be able to see the RV, it must be visual from the street or there has to be a complaint about it, with pictures, and they are able to get onto the property and have someone to testify. She mentioned with regards to the RV ordinance and the reason it requires a registration is so people would voluntarily provide this information, but they are not. Town of Loxahatchee Groves Page 2 


       Town Council Regular Meeting Minutes July 2, 2024 Councilmember Maniglia stated it seems as though other towns are very strict in their rules to where you see something one day, it gets a violation, and it is gone. She mentioned she does not understand why we are not able to do that with several of the most egregious code offenders in our town. She mentioned that it seems nothing is happening, and it is frustrating for the Council and the residents that are living next to it. Town Manager Ramaglia stated it is very frustrating for the staff as well. She continued by stating that they have received a citation written by the Town Attorney’s office which means we can go every day to give them a citation in the hope that when they get enough of them, they will come in and comply. Town Council discussion ensued. The Town Manager ended by stating a decision that needs to be made concerning the threshold, at which time they wish to do foreclosure, including that the Town does not have 30 employees, mentioned by Councilmember Maniglia, but only the two part-time code enforcement officers. Town Attorney Torcivia answered by stating Code Enforcement has lots of pros and cons and that people in the state of Florida have lots of rights. He mentioned you cannot go on their property without their permission or a warrant and taking pictures of the violation. He mentioned that the legislative took one tool away concerning anonymous complaints which means a person must put their name on the record stating they are complaining about their neighbor and the nature of the complaint. He reiterated the statement made by the Town Manager concerning staffing and how the cities that are more efficient in Code Enforcement have more staff. Mr. Torcivia stated that no matter how much you site people, all you are doing is fining them and the only time one would collect is the selling of their property, because a lien has been placed on the property or foreclosure as the Town Manager stated. He mentioned Council has the final decision to say yes foreclose on a property and at what amount is fining enough. Mayor Kane questioned where we stand on this topic, and can it be placed on the next agenda. She also asked for the most egregious individuals. Town Manager stated the document was handed out at the last meeting and will be available for the quarterly report. Town Attorney reminded the Council that they cannot foreclose on homestead properties due to Florida laws. The Council advised the Town Attorney to call around and find some tool available as every city has similar issues. Councilmember Danowski asked about the 20-year rule of a fine not dealt with it will go away. Town Attorney stated it is somewhat fiction; however, it is like a judgment and stated you can refile your judgement/lien in the 19th year so that it can continue to exist. The Town Manager stated in a previous career; they had an agreement with the Mortgage companies because the companies do not like the mortgage property to have such fines. The Council agreed to learn more. ADJOURNMENT: Mayor Kane adjourned the community meeting at 6:24 p.m. Town of Loxahatchee Groves Page 3 


       Town Council Regular Meeting Minutes July 2, 2024 TOWN OF LOXAHATCHEE GROVES, FLORIDA ATTEST: Mayor Anita Kane, Seat 3 Town Clerk Vice Mayor Margaret Herzog, Seat 5 Councilmember Phillis Maniglia, Seat 1 Councilmember Laura Danowski, Seat 2 Councilmember Robert Shorr, Seat 4 Town of Loxahatchee Groves Page 4 Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL REGULAR MEETING MEETING MINUTES TOWN HALL COUNCIL CHAMBERS – 155 F. Road, Loxahatchee Groves, FL 33470 Tuesday, July 2, 2024 TOWN COUNCIL AGENDA ITEMS CALL TO ORDER Mayor Kane called the meeting to order at 6:31 p.m. PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE: Mayor Kane led the Pledge of Allegiance followed by a moment of silence. ROLL CALL Mayor Anita Kane, Vice Mayor Margaret Herzog, Councilmember Laura Danowski, Councilmember Phillis Maniglia, Councilmember Robert Shorr (Present via Zoom), Town Manager Francine Ramaglia, Town Attorney Glen Torcivia, Public Works Director Richard Gallant, Public Works Superintendent Craig Lower, Project Coordinator Jeff Kurtz, Town’s Financial Consultant Chris Wallace (of Munilytics), Town’s Planning Consultant Kaitlyn Forbes (of Complete Cities) and Town Clerk Valerie Oakes were present. ADDITIONS, DELETIONS AND MODIFICATIONS Mayor Kane called for any additions, deletions, modifications or approval of the agenda. Town Clerk Oakes requested to pull item no. 8 off the Consent Agenda. Vice Mayor Herzog requested to pull item no. 4 off the Consent Agenda. MOTION: COUNCILMEMBER MANIGLIA/COUNCILMEMBER DANOWSKI MOVED TO APPROVE THE AGENDA AS Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B Town Council Regular Meeting Minutes July 2, 2024 MODIFIED. MOTION PASSED UNANIMOUSLY (5-0). COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS No public comments received. PRESENTATIONS 1. Legislative Update by Palm Beach County Commissioner Sara Baxter Commissioner Sara Baxter (Commissioner for District 6) and Kasey Denny (Legislative Affairs Director) presented the Legislative Update. Mayor Kane thanked them for their presentation. 2. Presentation on Volunteer Opportunities within the Junior Achievement of the Palm Beaches & Treasure Coast by Katelyn Bates, Director of 3DE and Volunteer Engagement Katelyn Bates (Director of Volunteer and Program Operations with Junior Achievement of the Palm Beaches & Treasure Coast) presented the Junior Achievements and Volunteer Opportunities and recognized Councilmember Danowski. 3. Presentation on the My Government Online "MGO" Program by Gina Lawrence-Halpern, Software Specialist Gina Halpern (Software Specialist) presented the My Government Online “MGO” software. CONSENT AGENDA MOTION: COUNCILMEMBER MANIGLIA/COUNCILMEMBER DANOWSKI MOVED TO APPROVE THE CONSENT AGENDA WITH ITEM NO. 8 TO BE DISCUSSED AFTER ITEM NO 9. MOTION PASSED UNANIMOUSLY (5-0). 4. Approval on Resolution No. 2024-46: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH THE SOUTH CENTRAL PLANNING AND DEVELOPMENT COMMISSION FOR THE SCPDC SOFTWARE LICENSE AND SERVICE AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE. Agenda item no. 4 was pulled off the Consent Agenda for further discussion. Note of a Scribner’s Error for Authorization. Should state “Authorizing the Manager”. Public comment received from Cassie Suchy. Town Council discussion ensued. Town of Loxahatchee Groves Page 2 Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B Town Council Regular Meeting Minutes July 2, 2024 MOTION: COUNCILMEMBER MANIGLIA/COUNCILMEMBER HERZOG MOVED TO APPROVE RESOLUTION 2024-46. MOTION PASSED UNANIMOUSLY (5-0). 5. Approval on Resolution No. 2024-42: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, APPROVING THE PARTICIPATION AGREEMENT TO INTERLOCAL AGREEMENT WITH THE SCHOOL DISTRICT OF PALM BEACH COUNTY, PALM BEACH COUNTY, AND MUNICIPALITIES IN PALM BEACH COUNTY FOR COORDINATED PLANNING; AND PROVIDING FOR AN EFFECTIVE DATE. APPROVED ON CONSENT. 6. Approval on Resolution No. 2024-48: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH COMPLETE CITIES PLANNING GROUP FOR LONG RANGE PLANNING AND DEVELOPEMNT REVIEW SERVICES; AUTHORIZING THE MAYOR TO EXECUTE NECESSARY DOCUMENTS IN FORMS ACCEPTABLE TO THE TOWN MANAGER AND TOWN ATTORNEY TO IMPLEMENT THE INTENT OF THIS RESOLUTION; AUTHORIZING THE TOWN MANAGER AND THE TOWN ATTORNEY TO TAKE SUCH ACTIONS AS ARE NECESSARY TO IMPLEMENT THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. APPROVED ON CONSENT. 7. Approval on Resolution No. 2024-21 Corrected: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, APPROVING A SCHEDULE FOR THE REGULAR AND WORKSHOP TOWN COUNCIL MEETINGS DATES FOR APRIL TO DECEMBER 2024; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. APPROVED ON CONSENT. 8. Approval on Resolution No. 2024-20: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, ADOPTING REVISIONS TO THE TOWN COUNCIL RULES OF ORDER AND PROCEDURE; PROVIDING FOR SEVERABILITY, CONFLICT, AND AN EFFECTIVE DATE. Agenda item no. 8 was pulled off the Consent Agenda for further discussion. Town Clerk Oakes read a statement into the record. MOTION: COUNCILMEMBER DANOWSKI/COUNCILMEMBER MANGILIA MOVED TO APPROVE RESOLUTION NO. 2024-20 WITH NEW LANGUAGE. MOTION PASSED UNANIMOUSLY (5- 0). Town of Loxahatchee Groves Page 3 Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B Town Council Regular Meeting Minutes July 2, 2024 9. Approval to Modify the Agreement with Southeast Guardrails Highway Attenuators, LLC APPROVED ON CONSENT. REGULAR AGENDA 10. Overview of FY24-25 Budget Project Coordinator Jeff Kurtz presented an Overview of the FY24-25 Budget. Town’s Financial Consultant Chris Wallace (of Munilytics) presented more information for the Overview of the FY24-25 Budget. Public comment received from Cassie Suchy and Manish Sood. Town Council discussion ensued. RECESSED TOWN COUNCIL MEETING & CALLED TO ORDER DEPENDENT WATER CONTROL DISTRICT AT 8:01 P.M. 11. Approval on Resolution No. 2024-DD04: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE LOXAHATCHEE GROVES WATER CONTROL DISTRICT, A DEPENDENT DISTRICT OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, RELATING TO THE PROVISION OF DISTRICT SERVICES, INCLUDING WATER CONTROL MAINTENANCE AND REPAIR OF DRAINAGE AND ROADWAYS WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE DISTRICT; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR DISTRICT SPECIAL ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Town Clerk Oakes read the title of Resolution No. 2024-DD04 into the record. There were no public comments. Town Council discussion ensued. Vice Mayor Herzog moved to approve Resolution 2024-DD4 with a rate of $ 280.00. There was not a second. MOTION: COUNCILMEMBER MANIGLIA/COUNCILMEMBER SHORR MOVED TO APPROVE RESOLUTION 2024-DD04 WITH A RATE OF $200.00. MOTION PASSED (3-2 with MAYOR KANE & VICE MAYOR HERZOG DISSENTING). RECONVENED TOWN COUNCIL MEETING AT 8:04 P.M. Town of Loxahatchee Groves Page 4 Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B Town Council Regular Meeting Minutes July 2, 2024 MOTION: COUNCILMEMBER MANIGLIA/VICE MAYOR HERZOG MOVED TO RECONSIDER TO APPROVE RESOLUTION NO. 2024-DD04. MOTION PASSED UNANIMOUSLY (5-0). MOTION: COUNCILMEMBER MANIGLIA/ VICE MAYOR HERZOG MOVED TO APPROVE RESOLUTION NO. 2024-DD04 WITH A RATE OF $250.00. MOTION PASSED (3-2 with COUNCILMEMBER SHORR & COUNCILMEMBER DANOWSKI DISSENTING). RECONVENED TOWN COUNCIL MEETING AT 8:18 P.M. 12. Approval on Resolution No. 2024-43: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, RELATING TO THE PROVISION OF RESIDENTIAL SOLID WASTE COLLECTION SERVICES AND FACILITIES AND PROGRAMS ("SOLID WASTE COLLECTION SERVICES") IN THE TOWN OF LOXAHATCHEE GROVES, FLORIDA; PROVIDING FOR PURPOSE AND DEFINITIONS; PROVIDING FOR LEGISLATIVE DETERMINATIONS; ESTABLISHING THE ESTIMATED RATE FOR THE SOLID WASTE COLLECTION SERVICES ASSESSMENT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. Town Clerk Oakes read the title of Resolution No. 2024-43 into the record. There were no public comments. Town Council discussion ensued. MOTION: COUNCILMEMBER MANIGLIA/VICE MAYOR HERZOG MOVED TO APPROVE RESOLUTION NO. 2024-43 WITH A $450.00 PER UNIT RATE. MOTION PASSED (3-2 with COUNCILMEMBER SHORR & COUNCILMEMBER DANOWSKI DISSENTING). RECESSED TOWN COUNCIL MEETING & CALLED TO ORDER DEPENDENT WATER CONTROL DISTRICT AT 8:17 P.M. 13. Approval on Resolution No. 2024-44: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA ADOPTING A PROPOSED OPERATING MILLAGE RATE OF 3.000 FOR GENERAL OPERATING BUDGET PURPOSES FOR FISCAL YEAR 2024/2025; RECOGNIZING THE ROLLED BACK MILLAGE RATE FOR FISCAL YEAR 2024/2025; APPROVING AND AUTHORIZING TRANSMITTAL OF THE FORM DR-420 TO THE PROPERTY APPRAISER; PROVIDING FOR THE ESTABLISHMENT OF AND SETTING FORTH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE FISCAL YEAR 2024/2025 PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING Town of Loxahatchee Groves Page 5 Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B Town Council Regular Meeting Minutes July 2, 2024 FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read the title of Resolution No. 2024-44 into the record with new language of millage rate of 4.000. There were no public comments. Town Council discussion ensued. MOTION: COUNCILMEMBER MANIGLIA/VICE MAYOR HERZOG MOVED TO APPROVE RESOLUTION NO. 2024-44 WITH A MILLAGE RATE OF 4.000. MOTION PASSED (4-1 with COUNCILMEMBER DANOWSKI DISSENTING). 14. Discussion on Town Council's Participation on Government Committees/Voting Delegates and Approval on Resolution No. 2024-47: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA NOMINATING A TOWN COUNCILMEMBER FOR AND SUPPORTING HIS/HER APPOINTMENT AS THE FLORIDA LEAGUE OF CITIES VOTING DELEGATE; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read the title of Resolution No. 2024-47 into the record. There were no public comments. Town Council discussion ensued. MOTION: COUNCILMEMBER DANOWSKI/COUNCILMEMBER MANIGLIA MOVED TO APPROVE RESOLUTION NO. 2024-47 NOMINATING ANITA KANE AND ALTERNATE MARG HERZOG. MOTION PASSED UNANIMOUSLY (5-0). PUBLIC HEARING 15. Consideration of Ordinance No. 2024-06 on Second Reading: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA ADOPTING CHAPTER 2 “ADMINISTRATION”, ARTICLE VII “TOWN ADVISORY BOARDS” TO PROVIDE FOR APPLICABILITY, COMPOSITION, QUORUM, ELIGIBILITY, QUALIFICATIONS, APPOINTMENT, TERMS, REMOVAL, VACANCIES, OFFICERS, COMPENSATION, AND PROCEDURES REGARDING TOWN ADVISORY BOARDS; REORGANIZATION AND REVISIONS TO CHAPTER 34 PLANNING AND DEVELOPMENT TO ENSURE COMPLIANCE WITH NEW TOWN ADVISORY BOARD ARTICLE AND FOR OTHER PURPOSES; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Town Clerk Oakes read the title of Ordinance No. 2024-06 into the record. There were no public comments. Town Council discussion ensued. Town of Loxahatchee Groves Page 6 Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B Town Council Regular Meeting Minutes July 2, 2024 MOTION: COUNCILMEMBER MANIGLIA/COUNCILMEMBER SHORR MOVED TO APPROVE ORDINANCE NO. 2024-06 ON SECOND READING. MOTION PASSED UNANIMOUSLY (5-0). 16. Consideration of Ordinance No. 2024-04 on Second Reading: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA AMENDING THE UNIFIED LAND DEVELOPMENT CODE SECTION 10-015, DEFINITIONS TO AMEND THE DEFINITION OF ESSENTIAL SERVICES AND SECTION 20-015, RESIDENTIAL ZONING DISTRICTS, PERMITTED USES TO CLARIFY THE SPECIAL EXCEPTION CATEGORY FOR ESSENTIAL SERVICES, AND TO ADD DEBRIS MANAGEMENT SITES AS A SEPARATE ESSENTIAL SERVICE USE, SUBJECT TO SPECIFIC APPROVAL CRITERIA; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Town Clerk Oakes read the title of Ordinance No. 2024-04 into the record. Public comment received from Manish Sood. Town Council discussion ensued. Councilmember Maniglia moved to not approve Ordinance No. 2024-04 on second reading. There was not a second. MOTION: COUNCILMEMBER DANOWSKI/COUNCILMEMBER SHORR MOVED TO APPROVE ORDINANCE NO. 2024-04 ON SECOND READING. MOTION FAILED. (2-3 with MAYOR KANE, VICE MAYOR HERZOG & COUNCILMEMBER MANIGLIA DISSENTING). 17. Approval on Resolution No. 2024-45: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, APPROVING THE COMPREHENSIVE PLAN EVALUATION AND APPRAISAL AMENDMENTS 2024 DATA AND ANALYSIS; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read the title of Resolution No. 2024-45 into the record. Public comment received from Mr. Levine and received an email from Katie Edwards. Town Council discussion ensued. MOTION: COUNCILMEMBER MANIGLIA/COUNCILMEMBER DANOWSKI MOVED TO APPROVE RESOLUTION NO. 2024-45. MOTION PASSED UNANIMOUSLY (5-0). 18. Approval of Ordinance No. 2024-01 on Second Reading: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, ADOPTING THE COMPREHENSIVE PLAN EVALUATION AND APPRAISAL AMENDMENTS 2024 GOALS, OBJECTIVES AND POLICIES DOCUMENT, INCLUDING THE FOLLOWING GOALS, OBJECTIVES AND POLICIES Town of Loxahatchee Groves Page 7 Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B Town Council Regular Meeting Minutes July 2, 2024 AMENDMENTS TO THE LOXAHATCHEE GROVES COMPREHENSIVE PLAN: ADDITION OF INTRODUCTION AND PROPERTY RIGHTS ELEMENTS; DELETION OF THE PUBLIC SCHOOL FACILITIES ELEMENT; AND AMENDMENTS TO THE FUTURE LAND USE, TRANSPORTATION, INFRASTRUCTURE, CONSERVATION, RECREATION AND OPEN SPACE, HOUSING, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENTS ELEMENTS. AMENDMENTS ARE MADE TO INCORPORATE REVISIONS REQUIRED BY THE TOWN'S PERIODIC EVALUATION AND APPRAISAL REPORT; PROVIDING FOR SUBMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Oakes read the title of Ordination No. 2024-01 into the record. Public comment received via email from Katie Edwards. Town Council discussion ensued. MOTION: COUNCILMEMBER MANIGLIA/COUNCILMEMBER DANOWSKI MOVED TO APPROVE ORDINANCE NO. 2024-01 ON SECOND READING. MOTION PASSED UNANIMOUSLY (5-0). DISCUSSION 19. Discussion on Recreational Vehicle Ordinance Kaitlyn Forbes, (of Complete Cities) provided an overview of the Recreational Vehicle Ordinance. Public comment received from Robert Austen, Manish Sood, and Marianne Miles. Town Council discussion ensued By consensus, the Town Council directed staff to move forward with this item changing the language as discussed, to be placed on a future agenda. 20. Discussion on Adopting a Policy for Reimbursement of Attorney's Fees Town Attorney Glen Torcivia provided an overview on Adopting a Policy for Reimbursement of Attorney’s Fees. Public comment received from Marianne Miles and Cassie Suchy. Town Council discussion ensued. Councilmember Shorr moved to approve a policy change. There was not a second. No further action taken. 21. Updates, Items of Interest and Future Agenda Items Town of Loxahatchee Groves Page 8 Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B Town Council Regular Meeting Minutes July 2, 2024 Town Manager Ramaglia provided an overview of the Updates, Items of Interest and Future Agenda. Public comment received from Cassie Suchy. MOTION: COUNCILMEMBER MANIGLIA/COUNCILMEMBER SHORR MOVED TO EXTEND THE MEETING AT 10:33 P.M. MOTION PASSED UNANIMOUSLY (5-0). By consensus, the Town Council directed staff to move forward with creating an Ex- Parté Policy. TOWN STAFF COMMENTS Town Manager stated the engineers have been working like “Gang Busters” trying to find some ways to provide some exemptions and to do some expediting permitting processes. She had them ask outside engineers that they work with to compare our codes with the state law, FEMA, and to the surrounding areas codes as there are limited changes that can be made due to health safety and the welfare to comply with C-51. They are looking at maybe there being a certain amount of fill that can be placed on the property and have an exemption as long as somebody goes out and does a quick inspection. She also discussed that on the 16th they would go over some things that could affect what is in code enforcement. If the town wishes to stop code enforcement on the Food and Drug Administration (FDA), we will also stop building permits because you cannot be permitted without an FDA. She explained she did not make this rule, in some cases it is the state and in others it is South Florida Water Management. She mentioned the properties that are over 10 acres or more go through more arduous processes than what we put them through. The way we try to simplify things is to be like other codes that are out there and there is a balance between how we manage drainage. If we allowed flood prone materials on certain agriculture structures, buildings, and properties that may increase the burden on the town in terms of providing drainage, which is ok because we are doing the Florida study. Also, they are putting code specific statements on how existing drainages must be taken into consideration before any design or improvements on an existing property is done. For example, if there is a ditch, Richard is trying to go back and identify ditches that need to be cleaned out so they can work properly. She continued stating that we are trying to come up with some real-life hanging fruit to make the process better, faster, and cheaper understanding and it will not change what is in the code enforcement. She mentioned they would do extra research and talk about it on the 16th and reminded Council they have 20 items the following day that will be placed on magistrate; not all are FDA confirmed 20 items. She mentioned they are trying to do the zoning review up front. This means Kaitlyn will look at it and try to catch stuff before it hits the engineers. The second thing is trying to make sure the engineers look at the existing properties around and if they are already FDA or if they already have a pond so that can be written into the code to make it easier to comply. She mentioned that everyone was given a hard copy of the HR manual, and the electronic copy will be sent out. The attorneys reviewed it a half dozen times, and we sat down with Glenn a couple of weeks ago to change two things, but of course, they can be changed back like paying for jury duty as a civic duty. We encourage people to do their civic duty, and the second thing is bereavement leave with out-of- Town of Loxahatchee Groves Page 9 Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B Town Council Regular Meeting Minutes July 2, 2024 state losses and given up to five days. There will be individual one-on-one meetings scheduled when time permits. Town Attorney had no report. Public Works Director had no report. Town Clerk mentioned the annual backpack giveaway will be August 3rd from 9 – 11, which is a Saturday and more information to come, and we will advertise that on our website. She continued stating the Clerk’s office is working on an electronic signature policy that will be on the August agenda; giving an example of a Councilmember Shorr not being here but all resolutions, ordinances, minutes, any other pertinent documents that he would need to sign can be done electronically or anyone else that is not here. She added we are trying to look for ways to create a more efficient process and get our documents executed so they can be stored away. TOWN COUNCILMEMBER COMMENTS Councilmember Laura Danowski expressed how thrilled she was to be honored by the ladies who attended Junior Achievement as she wasn’t sure what to expect when she went in for her first adventure from four different classrooms with third and fourth graders. She spoke about being the Mayor and what that entails and she spoke about being a Horseman and she brought horseshoes, horse teeth, and horse food which was compressed alfalfa cubes. She stated that as several kids came up to look at the items, they asked was its marijuana, but she explained it wasn’t. She stated it was a big wow, and she will keep doing Junior Achievement for as long as she can and thanked the ladies. Councilmember Phillis Maniglia asked everyone to follow up on the FDA as it is super important, and she feels that staff have kicked it into high gear mentioning we don’t usually get things back in a 30-day turnaround, but this will be back, and she feels it will be great changes for the town. She stated she would like to see proactive code enforcement enacted at the next meeting and get it on the agenda because that is what the folks of this town want, and it gives them the tools to get it done. Councilmember Robert Shorr mentioned he graduated from Western Chambers leadership class which is a six-month program once a month on Tuesdays. He mentioned it is a long day as he is not used to those days since he has been semi-retired for a while. It is great exposure between the arts, the hospitals and the End-of-Course (EOC) in schools where every week there is a different theme run by Mary Lou at the Western Chambers. As it relates to FDAs’, he asked could Council give direction that says if you’re not in the fine status or still in progress, can we tell magistrate to give these people an automatic extension of another 60 days. Town Manager Ramaglia explained we do this naturally as to why it takes six months including any continuances. They can see the note put in the email to all if somebody already doesn’t have something now where they can tell the magistrate what the status is. The only times that we have kicked somebody into a fine on an FDA is when they are not responding. Councilmember Robert Shorr continued by stating it is usually 30 days at a time and if there is anything we can do for those people that are coming for a status hearing that are caught up but are Town of Loxahatchee Groves Page 10 Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B Town Council Regular Meeting Minutes July 2, 2024 waiting on their engineer because they are busy, but he knows magistrate doesn’t like to hear that as they want to see something in writing. He stated she is doing a great job for those who hasn’t had a chance to watch those meetings, but he feels as Council we are recognizing an issue and we are going to try to address it but if we are in the process, why couldn’t we give direction to just extend all to 90 days unless they are at the point of no return or they want to keep going. He called for a consensus. By consensus, the Town Council directed staff to look at magistrate cases and make the decision as to what can or cannot be continued. Vice Mayor Marg Herzog stated she was conflicted on the Planned Unit Development (PUD) vote that was done last time. She agreed to it, but still didn’t feel comfortable because there were so many conflicting things and now, she is asking that the discussion be brought back for another reconsideration. Town Manager Ramaglia stated she was not at the meeting but if given the direction that you want to talk about it again we can, but the understanding she has was that the existing PUD language is not a universal application but only applicable to properties with Frontage on Southern Boulevard, but there is only one development that falls within the PUD and it happens to be Groves at Town Center because it is a Municipal Land Use (MLU). There is a provision for possible commercial PUD on Southern Boulevard if there are 10 acres or more. With a PUD, there is no availability for a residential PUD and having 50 acres doesn’t mean you get a PUD. You would have to come through the process, like everything else in our land use and zoning, and go through approvals. She continued by saying they cannot prevent people from putting in a request for a land use change or from putting in a request for a zoning text amendment with the understanding that does not mean a yes. After the Council’s recommendation, it must make approval of Quasi-Judicial issues and most often a site plan. Vice Mayor Marge Herzog stated she has researched the PUD inside and out and researched online and looked at the descriptions and it mentioned that you had to have a certain size in order to even be considered a PUD. She then asked to see clarification as to what PUD Ordinance states. MOTION: COUNCILMEMBER SHORR /COUNCILMEMBER MANIGLIA MOVED TO EXTEND THE MEETING AT 11:05 P.M. MOTION PASSED UNANIMOUSLY (5-0). Vice Mayor Marge Herzog mentioned the state college has a 300-foot conservation area and they are cutting paths all through the area and taking down trees and wanting to know who could go take a look at it. Public Works Director Richard Gallant stated this was done by the forestry due to the brush fire. He mentioned they drove through the fence with their bulldozers and created fire trails because it was on fire a couple weeks ago. Vice Mayor Marge Herzog asked if there was a representative attending the Western Communities Council and who was going to those meetings. She mentioned either her or the Mayor used to Town of Loxahatchee Groves Page 11 Docusign Envelope ID: 445F1082-E73F-4C80-996D-A30826FBEF3B Town Council Regular Meeting Minutes July 2, 2024 attend, at that time she was given the green light to go by Mayor Kane to be the representative. She asked how many have been to the leadership program mentioned by Councilmember Shorr and how it is a fabulous program stating she participated when they first initiated it when chambers were in this building, and it was just a little trailer before the building was built. She recommended all to attend. Mayor Anita Kane mentioned it has come to her attention that we do not charge a surcharge or a fee for using a credit card adding we lose money, and it is now legal to do that and is recommending that we implement a policy where we charge and at least get back the courtesy fee and inquired does it need a vote or consensus. Town Manager Ramaglia mentioned we could implement it on the new fee schedule. Mayor Anita Kane stated looking forward to budgeting, asking staff to determine how much all of the meetings cost. Looking at making budget cuts, we might want to look at or know does the Finance Advisory and Audit Committee (FAAC) meeting needs seven members on it or does it just need Valerie (Town Clerk), Town Manager, Jeff (Project Coordinator) or Chris (Town’s Financial Consultant) or does it really need five people. She mentioned she is looking at the budget and looking at people, time, and job workload. She wants to look at the budget to see where they can shave off some cost different meetings. ADJOURNMENT There being no further business before the Council, meeting adjourned at 11:15 PM. TOWN OF LOXAHATCHEE GROVES, FLORIDA ATTEST: Mayor Anita Kane, Seat 3 Town Clerk Vice Mayor Margaret Herzog, Seat 5 Councilmember Phillis Maniglia, Seat 1 Councilmember Laura Danowski, Seat 2 Councilmember Robert Shorr, Seat 4 Town of Loxahatchee Groves Page 12