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Town Council Regular Meeting

Regular Meeting

Loxahatchee Groves, FL · October 1, 2024

AgendaPacketMinutes

Minutes

TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL COMMUNITY OPEN DISCUSSION WORKSHOP TOWN HALL COUNCIL CHAMBERS — 155 F. Road, Loxahatchee Groves, FL 33470 Tuesday, October 1, 2024 CALLED TO ORDER Maxor Anita Kane called the meeting to order at 6:00 p.m. ROLL CALL Mayor Anita Kane, Vice Mayor Margaret Herzog, Councilmember Phillis Maniglia (arrived at 6:16 p.m.), Councilmember Laura Danowski, Councilmember Robert Shorr, Town Manager Francine Ramaglia, Town Attorney Glen Torcivia, Public Works Directors Richard Gallant, Project Coordinator Jeff Kurtz, and Town Clerk Valerie Oakes present. COMMENTS FROM THE PUBLIC Mayor Kane opened the floor for community discussion on non—agenda items. Mary McNicholas began by expressing her gratitude to Public Works Director Gallant, the public works staff, and the Town Administration for their efforts in mowing, cleaning, and maintaining the banks of the Folsom Road canal. She remarked that it was the best it had ever looked, and as a result, residents can now enjoy the surrounding wildlife. She also requested that the cleanup efforts continue to address trash in the area. Regarding Costal and the vegetation cleanup, she expressed her appreciation for the timely and thorough removal of vegetative debris and other materials. Cassie Suchy began by bringing several code enforcement cases to the Town Council's attention, referring to an email she had previously sent to town staff seeking clarification on specific cases. She expressed concern about the approach to code enforcement, noting that while there seems to be proactive enforcement for smaller issues, larger and more obvious violations often go unaddressed or await complaints before any action is taken. She questioned why Town Staff can submit some complaints proactively but not all and suggested that the town review Town Cauncil Workshop Meeting Minutes October 1, 2024 what code enforcement offlcers are allowed to report. Ms. Suchy also mentioned an email she sent to the Town Council and staff regarding a resident's code enforcement violation involving a fence. After reading the ordinance and noticing trees overhanging the fence, she took pictures and sent them to the town. However, she did not believe the situation constituted a violation based on the relevant code sections she reviewed. She requested that the Council and staff consider discussing the role and responsibilities of code enforcement officers in a future agenda item. While she commended the quality ofthe cases handled during special magistrate hearings, she maintained concerns about proactive enforcement efforts and reiterated her belief that the fence issue was a civil matter between two neighbors. Town Manager Ramaglia stated that it's important to note that the council is not supposed to intervene in code cases. While we can listen to comments and take them into consideration, issues like the civil dispute between two property owners remain between those owners. In this particular case, a complaint was made, and we clarified that it was a civil matter between the two parties. One ofthe property owners ultimately removed their trees. We try to avoid getting involved in such disputes, but as you know, many property owners bring these issues to us, and we do our best to remind them that they are civil matters. There are also some longstanding complaints in the system, many of which date back to when we had a code officer from an outside company. At that time, citations were issued for issues like overgrown grass. However, the approach to code enforcement has since evolved, focusing on more significant concerns. The Council has directed staff to be proactive about life, health, and safety issues, and we strive to prioritize those areas. Additionally, we are methodically reviewing site plan amendments and development order requirements to ensure compliance. For example, we're checking that newly planted trees remain intact for at least a year and verifying adherence to other conditions approved by the council. As for recreational vehicles (RVs), we are proactive by sending out a mailer to residents explaining RV regulations. We've also created a detailed FAQ for our website and redesigned the necessary forms. Later tonight, we'll discuss upcoming open houses where we hope to increase community engagement and provide clarity on these rules. One moming will be dedicated entirely to building and code- related questions to address residents' concems directly. We recognize there's always room for improvement and are committed to continuous progress. For instance, tonight's agenda includes solutions that could reduce the number of code violations, particularly those related to FDAs and unpermitted activities. By refining how we process FDAs, we hope to resolve many issues more efficiently. Another item on tonight's agenda involves nuisance abatement assessments and voluntary assessments for urgent repairs. These initiatives are particularly relevant to smaller subdivision neighborhoods with properties under five acres. Many of these properties have drainage systems reliant on ditches, SWEs, and road slopes, which require significant attention. These measures will help us better support property owners while addressing these long—standing challenges. Mayor Kane asked if there were any additional public comment cards received for the Community Discussion Workshop. Town Clerk Oakes advised that at that time, no further Town ofLoxahatchee Groves Page 2 Town Cauncil Workshop Meeting Minutes October I, 2024 public comments had been received, subsequently concluding the Commission Discussion Workshop meeting. ADJOURNMENT Mayor Kane adjoumed the community meeting at 6:12 p.m. TOWN OF LOXAHATCHEE GROVES, FLORIDA ATTEST: ._ _ R Mayor Amta Kane Seat 3 Town Clerk 7/ // r%/ f § N r /; argaret Herzog, Seat 5 Counc1l e ber Phillis Mam eat 1 Counc1lmember Robert Shorr Seat 4 Town ofLoxahatchee Groves Page 3

Agenda

TOWN OF LOXAHATCHEE GROVES TOWN HALL COUNCIL CHAMBERS TOWN COUNCIL REGULAR MEETING AGENDA OCTOBER 01, 2024 – 6:00 PM Community Open Discussion Meeting Precedes Meeting from 6:00-6:30 PM (on Non-Agenda Items) Anita Kane, Mayor (Seat 3) Phillis Maniglia, Councilmember (Seat 1) Laura Danowski, Councilmember (Seat 2) Robert Shorr, Councilmember (Seat 4) Marge Herzog, Vice Mayor(Seat 5) Administration Town Manager, Francine L. Ramaglia Town Attorney, Torcivia, Donlon, Goddeau, & Rubin, P.E, Town Clerk, Valerie Oakes Public Works Director, Richard Gallant Civility: Being "civil" is not a restraint on the First Amendment right to speak out, but it is more than just being polite. Civility is stating your opinions and beliefs, without degrading someone else in the process. Civility requires a person to respect other people's opinions and beliefs even if he or she strongly disagrees. It is finding a common ground for dialogue with others. It is being patient, graceful, and having a strong character. That is why we say "Character Counts" in Town of Loxahatchee. Civility is practiced at all Town meetings. Special Needs: In accordance with the provisions of the American with Disabilities Act (ADA), persons in need of a special accommodation to participate in this proceeding shall within three business days prior to any proceeding, contact the Town Clerk’s Office, 155 F Road, Loxahatchee Groves, Florida, (561) 793-2418. Quasi-Judicial Hearings: Some of the matters on the agenda may be "quasi-judicial" in nature. Town Council Members are required to disclose all ex-parte communications regarding these items and are subject to voir dire (a preliminary examination of a witness or a juror by a judge or council) by any affected party regarding those communications. All witnesses testifying will be "sworn" prior to their testimony. However, the public is permitted to comment, without being sworn. Unsworn comment will be given its appropriate weight by the Town Council. Appeal of Decision: If a person decides to appeal any decision made by the Town Council with respect to any matter considered at this meeting, he or she will need a record of the proceeding, and for that purpose, may need to ensure that a verbatim record of the proceeding is made, which record includes any testimony and evidence upon which the appeal will be based. Consent Calendar: Those matters included under the Consent Calendar are typically self-explanatory, non controversial, and are not expected to require review or discussion. All items will be enacted by a single motion. If discussion on an item is desired, any Town Council Member, without a motion, may "pull" or remove the item to be considered separately. If any item is quasi-judicial, it may be removed from the Consent Calendar to be heard separately, by a Town Council Member, or by any member of the public desiring it to be heard, without a motion. Town of Loxahatchee Groves October 01, 2024 Town Council Regular Meeting Page No. 2 TOWN COUNCIL AGENDA ITEMS CALL TO ORDER PLEDGE OF ALLEGIANCE MOMENT OF SILENCE ROLL CALL ADDITIONS, DELETIONS AND MODIFICATIONS COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS Public Comments for all meetings may be received by email, or in writing to the Town Clerk’s Office until 12:00 PM day of the meeting. Comments will be “received and filed” to be acknowledged as part of the official public record of the meeting. Town Council meetings are livestreamed and close-captioned for the general public via our website, instructions are posted there. CONSENT AGENDA 1. Approval of Resolution No. 2024-76: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, RATIFYING EXPENDITURES IN EXCESS OF $25,000, AS SHOWN ON THE ATTACHED COMPOSITE EXHIBIT “A” AND AUTHORIZING THE PAYMENT FOR SUCH; AND PROVIDING FOR AN EFFECTIVE DATE. 2. Receive & File: Vendor Payments in FY 2024 between $10,000 and $25,000 PRESENTATIONS 3. Presentation on Resilient Florida Project Work Plan Status and Update REGULAR AGENDA 4. Consideration of Approval on Resolution No. 2024-74: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA AUTHORIZING THE FIFTH AMENDMENT TO SOLID WASTE AND RECYCLING COLLECTION SERVICES AGREEMENT WITH COASTAL WASTE & RECYCLING OF PALM BEACH COUNTY, LLC; PROVIDING FOR AN EFFECTIVE DATE. DISCUSSION 5. Discussion of Proposed Culvert Ordinance (Revised) Town of Loxahatchee Groves October 01, 2024 Town Council Regular Meeting Page No. 3 6. Discussion on Town Council Priorities:  Review of the Legislative Calendar  Review of Agenda Item Schedules (forthcoming)  Review of Annual Special Events & Approval of Resolution No. 2024-67: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, RECOGNIZING CERTAIN DATES SUPPORTING LOCAL GOVERNMENT AND APPROVING ANNUAL SPONSORSHIPS AND EVENTS; AND PROVIDING FOR AN EFFECTIVE DATE.  Review Annual Proclamations & Approval of Resolution No. 2024-68: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, APPROVING THE DESIGNATION OF CERTAIN DAYS, WEEKS, AND MONTHS FOR ANNUAL PROCLAMATIONS TO BE ISSUED BY THE TOWN COUNCIL; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE  Review of the Florida City Government Week Schedule & Approval of Resolution No. 2024-75: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, PALM BEACH COUNTY, FLORIDA, RECOGNIZING FLORIDA CITY GOVERNMENT WEEK, OCTOBER 21 THROUGH 27, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. Discussion on Roadway, Drainage and Emergency Management PUBLIC HEARING 8. Approval of Ordinance No. 2024-11 on Second Reading: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, ADOPTING THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN CONSISTENT WITH CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. Town of Loxahatchee Groves October 01, 2024 Town Council Regular Meeting Page No. 4 9. Approval of Ordinance No. 2024-12 on Second Reading: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, AMENDING CHAPTER 2 “ADMINISTRATION”, ARTICLE II “TOWN COUNCIL” BY ADDING A NEW SECTION 2-20 “ELECTION QUALIFYING” OF THE LOXAHATCHEE GROVES CODE PROVIDING FOR THE CANDIDATE QUALIFYING PERIOD; AND PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION AND AN EFFECTIVE DATE. 10. Approval of Ordinance No. 2024-13 on Second Reading: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, CALLING FOR A REFERENDUM OF THE QUALIFIED ELECTORS OF THE TOWN OF LOXAHATCHEE GROVES TO BE HELD ON MARCH 11, 2025 AS TO WHETHER THE TOWN OF LOXAHATCHEE GROVES CHARTER SHALL BE AMENDED IN THE FOLLOWING RESPECT: AMEND PARAGRAPH (5) OF SECTION 7 “ELECTIONS” OF THE CHARTER FOR THE PALM BEACH COUNTY CANVASSING BOARD TO BE THE TOWN CANVASSING BOARD FOR ALL UNIFORM MUNICIPAL ELECTIONS FOR THE TOWN; PROVIDING FOR NOTICE AND ADVERTISING OF THE REFERENDUM; PROVIDING FOR REFERENDUM CANVASSING; AND PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. 11. Approval of Ordinance No. 2024-14 on First Reading: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, AMENDING SECTION 130-035 “ADEQUACY OF DRAINAGE FACILITIES,” OF ARTICLE 130 “CONCURRENCY REVIEWS” of Part V “Development Review Procedures and Requirements,” OF THE UNIFIED LAND DEVELOPMENT CODE TO UPDATE STANDARDS FOR DRAINAGE SYSTEMS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. QUASI-JUDICIAL PUBLIC HEARING None. TOWN STAFF COMMENTS Town Manager Town Attorney Public Works Director Town Clerk Town of Loxahatchee Groves October 01, 2024 Town Council Regular Meeting Page No. 5 TOWN COUNCILMEMBER COMMENTS Phillis Maniglia (Seat 1) Laura Danowski (Seat 2) Robert Shorr (Seat 4) Vice Mayor Marge Herzog (Seat 3) Mayor Anita Kane (Seat 3) ADJOURNMENT 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.

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