Town Council Special Meeting

TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL MINUTES OF WORKSHOP/SPECIAL MEETING DECEMBER 15, 2020 Meeting audio available in Town Clerk's Office CALL TO ORDER Mayor El-Ramey called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Mayor El-Ramey led the Pledge of Allegiance. MOMENT OF SILENCE Mayor El-Ramey led a prayer. ROLL CALL Mayor Lisa El-Ramey, Vice Mayor Marge Herzog, Councilmembers Laura Danowski, Phillis Maniglia and Robert Shorr, Town Manager James Titcomb, Assistant Town Manager Francine Ramaglia, Town Attorney James Brako, Public Works Director Larry Peters, Town Planning Consultant James Fleishmann and Town Clerk Lakisha Burch. ADDITIONS/DELETIONS/MODIFICATIONS TO THE AGENDA Councilmember Maniglia asked about adding the topic of the Attorney General's Opinion regarding the Palm Beach County Sheriffs Office. Town Staff responded that topic could be added to her comments. Councilmember Shorr asked that items 1 and 3 be pulled from the Consent Agenda for discussion. Motion was made by Councilmember Danowski seconded by Councilmember Shorr to approve the modification to the agenda; it was voted as follows: Ayes: Mayor El-Ramey, Vice Mayor Herzog, Councilmembers Danowski, Maniglia and Shorr. Motion passed unanimously. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS There were public comments made by the following: Mary McNicholas and Virginia Standish. CONSENT AGENDA 1. Approval of Interlocal Agreement with Palm Beach County for Municipal CARES Reimbursement Program.  f t Town ofLoxahatchee Groves December 15, 2020 Town Council Workshop/Special Meeting Minutes Page No.2 Motion was made by Councilmember Danowski seconded by Councilmember Maniglia to approve the Consent Agenda; it was voted as follows: Ayes: Mayor El-Ramey, Vice Mayor Herzog, Councilmembers Danowski, Maniglia and Shorr. Motion passed unanimously. 2. Appraisal and Agreement to Auction/Sell the "Thing-a-Madigger" for bid. PULLED FROM CONSENT AGENDA Councilmember Shorr commented about the Water District five (5) year plan regarding can. He stated that all the work was being done by the Thing-a-Madigger, he feels that the Town should keep the equipment. Councilmember Danowski stated that the Water District had staff (7 workers and 3 office people) was against, she continued to comment that we are currently understaffed- send to auction. Town Manager Titcomb responded to the matter asked by Councilmember Danowski. Vice Mayor Herzog stated she agrees with Councilmember Danowski that the Town doesn 't have staff and we need to contract out. She also asked was there clarification if this machine was purchased under a grant. Town Manager Titcomb responded to her concerns. Councilmember Danowski also responded to her question. Councilmember Maniglia commended that she feels that it was not the correct equipment for the canals and the Water District is dependent of the Town. Mayor El-Ramey stated that the make-up in Public Works currently is different than previously what was the Water District- canal maintenance. There was public comment made by the following: Todd Mclendon and Town Clerk Burch read into record public comment by Marianne Miles. Motion was made by Councilmember Shorr seconded by Vice Mayor Herzog to approve to have the Thing-a-Madigger appraised; it was voted as follows: Ayes: Mayor El-Ramey, Vice Mayor Herzog, Councilmembers Danowski, Maniglia and Shorr. Motion passed unanimously. 3. Approval of Resolution No. 2020-26 regarding Budget Amendment. PULLED FROM CONSENT AGENDA Councilmember Shorr asked about the administrative charge regarding the Water District. Assistant Town Manager Ramaglia responded to his question. He then expressed that he doesn't feel that District's fund should be supplementing Town Hall as much. Mayor El-Ramey asked what the mindset behind the payroll is. She also asked about what is constituted as the administrative fee. Assistant Town Manager Ramaglia responded to the Mayor. Ms. Ramaglia also stated that she would send Town Council her spreadsheet. There was discussion among the Town Council and Town Staff. Councilmember Danowski asked are the professional services. Ms. Ramaglia responded that they are various services for 20 for 16 are legal services and IO are for professional services for the lobbyist. But stated that it is budgeted. Councilmember Danowski asked what was 200, Ms. Ramaglia responded it was the management company.  ( Town ofLoxahatchee Groves December 15, 2020 Town Council Workshop/Special Meeting Minutes Page No.3 Councilmember Maniglia asked about the additional charge for law enforcement. Ms. Ramaglia responded. She also stated that she would like for FAAC to receive a monthly financial report. Motion was made by Councilmember Shorr seconded by Councilmember Maniglia to approve Resolution No. 2020-26 regarding Budget Amendment; it was voted as follows: Ayes: Mayor El-Ramey, Vice Mayor Herzog, Councilmembers Danowski, Maniglia and Shorr. PRESENTATION 4. Presentation of Town Manager evaluation process by Lara Donlon ofTorcivia, Dolan & Goddeau P.A. Lora Dolan of Torcivia, Dolan & Goddeau P.A. attorney for the Town of Loxahatchee Groves presented the item to the Town Council regarding the evaluation process of the Town Manager. She explained the process and asked that all comments be kept professional. Mayor El-Ramey stated that she felt the evaluation was very generic, she went to explain that according to his contract he is supposed to be evaluated on specific things. Councilmember Maniglia asked for a more essay form. She continued to state that she feels that Mr. Titcomb came in a hostile environment and feels that the numbering was insulting and that it should be more essay form. Councilmember Danowski announced that she was the member that did not rate him on the item of his interactions with staff because of not being able to communicate with staff. Vice Mayor Herzog stated that the ones she didn't understand she asked Mr. Titcomb and they both worked through it. There was consensus by Town Council to modify the evaluation form for the Town Manager. Town Manager Titcomb stated that a workshop should be had on the items and goals of the Town Manager. Vice Mayor also stated that due to the financial situation that the Town is in that a raise is not given to the Town Manager. Councilmember Maniglia expressed her thoughts on giving the Town Manager a raise or bonus. She stated that she appreciated and thanked Mr. Titcomb for his hard work and he is worth his weight in gold. She stated she feels that the Town is doing him a great injustice of not awarding him some way financially. Town Manager Titcomb expressed his thanks, thanked Councilmember Maniglia for her kind words and thanked senior staff. Vice Mayor Herzog explained her comment regarding Mr. Titcomb' s raise.  Town ofLoxahatchee Groves December 15, 2020 Town Council Workshop/Special Meeting Minutes Page No.4 Motion was made by Councilmember Shorr seconded by Councilmember Danowski to receive and file the Town Manager's evaluation form and summary; it was voted as follows: Ayes: Mayor El-Ramey, Vice Mayor Herzog, Councilmember Danowski, Maniglia and Shorr. Motion passed unanimously. 5. Presentation of Update of Groves Town Center by Town Planning Consultant James Fleishmann and Town Engineer Randy Wertepny from Keshavarz and Associates. James Fleishmann, Town Planning Consultant, Randy Wertepny, Town Engineer, Matthew Barnes and Gabriele Fault, Landscaper and representative of Groves Town Center presented the item to the Town Council regarding the following: Uses: The approved Groves Town Center Conceptual Master Plan is attached. Larger copies of the Conceptual Master Plan are available at Town Hall. Uses approved for Pod A include Wawa gas/convenience store; Chase Bank; and Aldi grocery. Since the approval, Chase Bank has withdrawn from the project. Aldi is under construction and nearing a Certificate of Occupancy. Wawa has an approved infrastructure permit but has not submitted a building permit application. Site Clearing: There have been some questions regarding clearing of the property without any mitigation to date. Attached are two aerial photos; one taken in 2019 prior to any clearing and a second taken in 2020 showing areas cleared to date. Councilmember Danowski asked about the canal bank-she asked what has the applicant done to compensated for the devastation that was done to the canal bank. Mr. Fleishmann stated that as far as he knows there has not been any compensation and that he was not aware of damage to the canal. Councilmember Danowski stated that iftime permits a ride should be taken along Collecting Canal, B and C. Councilmember Maniglia asked has all the trees on the slope been removed. Mr. Fleishmann gave a response. Mr. Peter, Director of Public Works also responded to Councilmember Maniglia question. Mayor El-Ramey asked when did Town Council approve the lake that is showing on the screen. Mr. Wertepny responded. Mayor El-Ramey stated that Town Council did not approve this lake that is being presented. There was discussion among Mayor El-Ramey and Town Staff and Mr. Barnes. There was discussion among the Town Council and Town Staff and Groves Town Center representatives regarding trees and retention pond. There were public comments made by the following: Todd McLendon, Katie Lakeman and Jo Siciliano. There was consensus by Town Council to bring back an updated plan and different design. Town Attorney will go and research the legality (conditions of approval) of the pond. Councilmember Maniglia stated that she believes that a plan will come forth that can be approved by Town Council in the future. She also asked Mr. Wertepny what was being done today in front of Big Dog. Mr. Wertepny responded.  ( Town ofLoxahatchee Groves December 15, 2020 Town Council Workshop/Special Meeting Minutes PageNo.5 REGULAR AGENDA 6. Approval of Residential Community Vegetative Waste Annual Collection Service Policy. Assistant Town Manager Francine Ramaglia presented item to the Town Council regarding community plies and gave a recap of the presentation that was given by Mr. Casagrande at the November 3rd agenda. Councilmember Maniglia commended regarding the contract with Coastal Recycling and Waste. Ms. Ramaglia responded to her comment. Councilmember Shorr stated he agrees with the policy, but no resident should be denied having a community pile. He also stated that he agrees people should be aware of what they sign up for but does not agree with not having community piles for the convenience of Coastal. Ms. Ramaglia stated that there may need to be some changes on the form and what is a good time frame to get the forms back to Town Hall. Councilmember Danowski asked about the if there is not full cooperation with all residents agreeing to the community pile. Ms. Ramaglia responded. There continued to be discussion among Town Council and Ms. Ramaglia. There was consensus by Town Council to implement a written policy regarding community piles with changes that have been discussed. PUBLIC HEARING 7. Approval of Second Reading of Ordinance No. 2020-08 Nuisance Abatement. Town Attorney Brako presented and read Ordinance No. 2020-08 Nuisance Abatement into the record. Councilmember Maniglia asked a question regarding the mower, where is the line drawn for the Town and a contractor doing the work. Councilmember Danowski commented on Councilmember Maniglia' s question. Town Manager Titcomb also responded to Councilmember Maniglia question. There continued to be discussion among Town Council and Town Staff. There was decision among Town Council and Town Staff regarding Ordinance No. 2020-08. Motion was made by Councilmember Maniglia seconded by Vice Mayor Herzog to continue Ordinance No. 2020-08 to the January 19 th Town Council Workshop/Special Meeting with corrections that was discussed by Town Council; it was voted as follows: Ayes: Mayor El­ Ramey, Vice Mayor Herzog, Councilmembers Danowski, Maniglia and Shorr. Motion passed unanimously. The last item was postponed to due an emergency of Mr. Peters not being available. TOWN COUNCILMEMBERS COMMENTS Phillis Maniglia, Councilmember (Seat 1) • Attorney General Opinion regarding Palm Beach County Sherriff Town ofLoxahatchee Groves December 15, 2020 Town Council Workshop/Special Meeting Minutes PageNo.6 o Town Attorney Barnes gave an update on the on the Attorney General Opinion There was discussion among the Town Council and Town Staff. There was public comment by Todd McLendon. Motion was made by Councilmember Maniglia seconded by Councilmember Danowski for the Town Attorney to move forward with getting the Attorney General's Opinion regarding Palm Beach County Sherriff providing law enforcement; it was voted as follows: Ayes: Mayor El-Ramey, Vice Mayor Herzog, Councilmembers Danowski, Maniglia and Shorr. Motion passed unanimously. • Wished everyone a Happy Holiday Laura Danowski, Councilmember (Seat 2) • Thanked Town Staff • Wished residents peace and health Lisa El-Ramey, Mayor (Seat 3) • Parks Department will be putting in an access point on trail • Food for Food Drive • Wished everyone a Happy Holidays • Coffee with a Cop • Mentioned the upcoming committee meetings Robert Shorr, Councilmember (Seat 4) • Happy Holidays Marge Herzog, Vice Mayor (Seat 5) • Stated the Town has made a lot of progress • Wished everyone a Happy Holidays TOWN STAFF COMMENTS Town Manager • Streaming of the committee meetings • Wished everyone a Happy Holidays • Thanked all of Town Staff • The item in the back of agenda will be presented at the next meeting Town Attorney Public Works No comment. Town Clerk Thanked all Town Council members for their support and participation in the first annual Food Drive. Town ofLoxahatchee Groves r December 15, 2020 Town Council Workshop/Special Meeting Minutes Page No. 7 ADJOURNMENT There being no further business meeting was adjourned at l 0: 12 p.m. TOWN OF LOXAHATCHEE GROVES, FLORIDA - - - __...--- ~ ~ APPROVED AS TO LEGAL FORM: Office of Town Attorney