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Town Council Special Meeting

Special Meeting

Loxahatchee Groves, FL · July 6, 2021

AgendaPacketMinutes

Minutes

TOWN OF LOXAHATCHEE GROVES TOWN HALL COUNCIL CHAMBERS TOWN COUNCIL WORKSHOP/SPECIAL MEETING July 6, 2021 CALL TO ORDER Mayor Shorr called the meeting to order at 7:05 p.m. PLEDGE OF ALLEGIANCE Mayor Shorr led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Shorr led a prayer. ROLL CALL Mayor Robert Shorr, Vice Mayor Laura Danowski, Counc ilmembers Phillis Maniglia, Marianne Miles and Margaret Herzog, Town Manager James Titcomb, Assistant Town Manager Francine Ramag lia, Town Attorney Elizabeth Lenihan, Esq., Public Works Director Larry Peters, and Town C lerk Lakisha Burch. ADDITIONS, DELETIONS AND MODIFICATIONS Counci l member Maniglia asked that item number IO Discuss ion of Road Abandonment be rescheduled to a later date. Vice Mayor Danowski asked could item number 11 be taken o ut of the Dependent Water Control District agenda and placed unde r the regular agenda. Town C lerk Burch responded by stating that item number 11 is under the Town Council agenda, it is only item number 9 that w ill need to be discussed under the Dependent Water Contro l District. Vice Mayor Danows ki gave thanks for the clarification. Motion was made by Councilmember Maniglia seconded by Mavor Shorr to reschedule item number IO Discussion of Road Abandonment to a later date; it was voted as follows : Ayes: Mayor Shorr, Vice Mavor Danows ki, Cou ncilmembers Herzog, Maniglia, and Miles. Motion passed unanimously. Town ofLoxahatchee Groves July 6, 2021 Town Council Regular Meeting Minutes Page No.2 COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS There was no public comment. CONSENT AGENDA I. Approval of Resolution No. 2021-31 appointment of Janet Eick as a regular member of the Finance Audit and Advisory Committee (FAAC). 2. Approval of Resolution No. 2021-34 Regularly Scheduled First Meeting Date in September 2021. 3. Approval of Resolution No. 2021-35 Entering into Building and Code Enforcement Piggyback agreements. Motion was made by Councilmember Maniglia seconded by Councilmember Herzog to approve the Consent Agenda; it was voted as follows: Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmembers Herzog, Maniglia, and Miles. Motion passed unanimously. PUBLIC HEARING 4. Approval of Resolution No. 2021-30 the Culver's Restaurant Site plan for land owned by BW Solar Sportsystems, Inc., consisting of 1.39 acres more or less, located on the north side of Southern Boulevard east of "B" Road Loxahatchee Groves, Florida, legally described in Exhibit "A" to this Resolution; providing for severability; providing for conflicts; and providing for an effective date. (Quasi-Judicial) Town Attorney Lenihan sworn in all witness regarding the Culver's Restaurant and asked Council to state for the record if any of them have had an ex-parte communication regarding item number 4. Town Council responded that they had not had any ex-parte communication regarding this item. Tyler Parker, Engineer for record for the proposed Culver's Restaurant that will be located in the Grove Town Center between C and D Road. She then gave a brief history of Culver's Restaurant. She presented a PowerPoint presentation to Town Council. Councilmember Maniglia stated that she wasn't aware of this being a drive thru. She also asked what type of food would be sold (is it all frozen) are they fresh and she believes that they are missing out on a huge demographics by not selling breakfast. Ms. Parker responded by stating that all the food is fresh, and custards. Councilmember Maniglia also explained why she asked the question of did this restaurant serve alcohol because she is concerned that with added commercial on Southern Blvd. that the cost for the Palm Beach Sheriff department will increase for the Town. She also asked Ms. Parker does she feel her client would contribute or provide their own security. Ms. Parker stated that Culver's will have camaras and security. Councilmember Maniglia also asked what were their hours of business 9 Town Clerk Burch responded 10:00 p.m. Councilmember Herzog asked is the service like Sonic and is there seat down. Vice Mayor Danowski asked if their drive thru or pull over/waiting space able to accommodate trailers (landscape trailers and vehicles (pool trailers). Ms. Parker responded that they are not designed for that, they are the standard parking lot according to the Town's code, but she believes that they could park in two parking spaces for their trailer. Vice Mayor Danowski Town of Loxahatchee Groves July 6, 202 I Town Council Regular Meeting Minutes PageNo.3 responded that she just wanted them not to have a jam with people who are driving those trailers because of the demographic and the people who work in this area. Ms. Parker responded her concerns are noted. Councilmember Maniglia asked when the plan is to break ground. Ms. Parker responded that they are currently working on finalizing the master infrastructure to support this phase (all users in POD B). But as soon as they get those permits in place. Mayor Shorr asked about the bridge across Collecting Canal. Ms. Parker stated that the design of the bridge is in review as of right now. Mr. Fleischmann stated that an extension was given on the construction of the bridge. Ms. Parker responded. Councilmember Herzog asked what the construction material is being used for this bridge. Ms. Parker responded that it is a prefabricated bridge made out of a concrete deck (which was coordinated with the staff at the Village of Wellington) with a roughen surface to provide traction for the horses, the bridge will contact just west of C Road. Councilmember Miles asked was the WAWA still continuing to come through. Ms. Parker responded, yes, it is in building permitting. Mr. Fleischmann, Planning Consultant for the Town, responded that there is a Culver's in Jupiter, and it is different from the normal fast-food restaurants because they serve complete full dinners. He also stated that the reason that Culver's is not open for breakfast is due to it being a condition of the traffic study, that they are not open during morning rush hours (peak hours). Mayor Shorr asked traffic study for what, just that POD? Mr. Fleischmann responded that the original traffic study was done for Groves Town Center PUD which include all the approved uses and it has a maximum daily trip generation uses for a.m. and p.m. peak hours and some of the trip generation is getting relatively close to the original approved amount, and one of the conditions of approval was that it does not open before 9:00 o •clock. Councilmember Maniglia asked the Town Attorney could this be changed as the new Council? Mr. Fleischmann stated that the overall trip generation for Groves Town Center (90 acres) was approved by Palm Beach County under their TPS Ordinance. If a phase come in where those approve trips are going to be exceeded, then a new traffic study has to be done, costs and improvements generated by those excess trips will have to be paid by the developer. There is a maximum number of trips right now that the developer is trying not to exceed, and Palm Beach County will not allow with a new traffic study being done. Councilmember Maniglia stated that she doesn't understand how they can mandate hours of a restaurant in our Town. Mr. Fleischmann responded because that is the authority that they have under the County wide traffic performance standards ordinance and that original traffic study was not done that long ago and took in consideration the expansion of Southern Blvd. Town Attorney Lenihan, stated that the answer is no at this point. She stated that there is a traffic study, and the developer has chosen to stay within the bounds of the traffic study that they are required to stay until they want to do extra work, they have to manage those trips, and to manage those trips they have limited the business to certain hours. That is how they have decided to manage it, and if Culver's has accepted as a tenn of their condition to come in, that is between them and the developer. Vice Mayor Danowski asked that if the vacant spot between the dental office and Culver's tum into a breakfast facility, would it be up to the developer to decide if they want or not want it because of the overage of potential trips. Town Attorney Lenihan responded, yes. Vice Mayor Town ofLoxahatchee Groves July 6, 2021 Town Council Regular Meeting J\Iinutes Page No.4 Danowski asked that the decision lies solely up to the developer. Town Attorney Lenihan responded, yes. Town Manager Titcomb responded that they have allocated those trips across multiple pods and properties so he believes they could renegotiate who get what allocation based on use. Councilmember Herzog asked is there a projection that any place within this development be of higher-class facility because as of right now there is no place to hold a function. Mr. Fleischmann responded that the balance of the properties that front on Southern Blvd. could be used in the future for another restaurant site, there are other places where restaurants can go. Councilmember Miles asked are any of the other Culver's restaurants service breakfast. Ms. Parker responded, no. There was further discussion between the Town Council and Ms. Parker. Mr. Fleischman gave an update on the proposed Culver's Restaurant Site Plan. Mr. Fleischmann informed the Town Council that staff finds the proposed Culver's Restaurant Site Plan consistent with the Town's Comprehensive Plan and land development regulations. Councilmember Maniglia asked that there are two waivers for the ULDC, what is the glare. Mr. Fleischmann responded that those are standard waivers that was granted in the original PUD ordinance that just is included as a matter of fact. Council member Maniglia asked was these waivers done for the entire POD, Mr. Fleischmann responded the waiver was done for the entire Grove Town Center (90) acres. Vice Mayor Danowski stated that it states request the waiver, doesn't mean that it is automatically given. Mr. Fleischmann responded, yes, that is actually correct. Councilmember Maniglia asked are we trying to incorporate some contribution to security, are they willing to contribute due to the cost of the Sheriff may go up. Mr. Fleischmann responded that issue hasn't been addressed with Grove Town Center. Mr. Fleischmann stated that is something that could be discussed. There was public comment made by Todd Mclendon. Motion was made by Councilmember Maniglia seconded by Councilmember Herzog to approve Resolution No. 2021-30 subject to the Site Plan dated September 18, 2020, and Conditions ofApproval included therein, as recommended by PZB and Staff; it was voted as follows: Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmembers Herzog, Maniglia, and Miles. Motion passed unanimously. 5. Approval of Ordinance No. 2021-06 amending Article 10 definitions, abbreviations and construction of terms, Section 10-15 definitions of its Unified Land Development Code to revise the definition of height: providing for conflict, severability, codification, and an effective date. Town Attorney Lenihan read Ordinance No. 2021-06 amending Article 10 definitions, abbreviations and construction of terms, Section 10-15 definitions of its Unified Land Development Code to revise the definition of height: providing for conflict, severability, codification, and an effective date into the record. Motion was made by Councilmember Maniglia seconded by Vice Mayor Danowski to approve Ordinance No. 2021-06 on first reading amending Article 10 definition, abbreviations and construction of terms, Section 10-15 definitions of its Unified Land Development Code to revise the definition of Height; providing for conflict, severability, codification, and an effective date; it was voted as follows; Ayes: Mayor Shorr, Vice Town ofLoxahatchee Groves July 6,202 I Town Council Regular Meeting Afinutes !'age No.5 Mayor Danowski, Councilmembers Herzog, Maniglia, and Miles, Motion passed unanimously. 6. Approval of Ordinance No, 2021-05 amending Article 1, in General, and Article lll, Collection of Waste Franchises and Registration of Contractors authorized, of Charter 38, Solid Waste, Loxahatchee Groves Code; providing for conflict; providing for severability; providing for codification; and providing an effective date. Town Attorney Lenihan read Ordinance No. 2021-05 amending Article 1, in General, and Article III, Collection of Waste Franchises and Registration of Contractors authorized, of Chapter 38, Solid Waste, Loxahatchee Groves Code; providing for conflict; providing for severability; providing for codification; and providing an effective date into the record. Town Clerk Burch stated that she received two public comments via email and asked Town Council would it be received and filed. Motion was made by Mayor Shorr seconded by Councilmember Maniglia to receive and file public comments that was sent via email to Town Clerk Burch; it was voted as follows: Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmembers Herzog, Maniglia, and Miles. Motion passed unanimously. Town Attorney Lenihan reviewed and updated the Town Council on the changes of the ordinance. Councilmember Maniglia stated what she was getting calls about regarding this ordinance was that the Sheriff can't just step on your property without, why should the Town, she thinks that was the problem because health and safety was not added to this, now it coincides with nuisance abatement ordinance. Mayor Shorr asked if its health and safety, we are not the health and safety police or are we, do we fall under Palm Beach County Health Department. Town Attorney Lenihan responded that it is not a Health Department, health, and safety issue it is the public health and safety welfare which is one of the police powers oflocal government, so you do have that authority that's part of your code enforcement and nuisance abatement procedures and codes that is why you do those things because it's in the public health safety and welfare. Mayor Shorr stated that this goes through the code enforcement process. Town Attorney Lenihan responded. Vice Mayor Danowski asked could this be taken back to the beginning and asked a question who decides who has too much trash. Town Attorney Lenihan responded. There was continued conversation between Town Council and Town Attorney Lenihan. Councilmember Maniglia asked is Coastal willing to educate on this matter. Town Attorney Lenihan responded, yes. Councilmember Miles stated that this will give the Town teeth. There were public comments made by Katie Lakeman, Robert Miller, and Cassie Suchy. Mayor Shorr stated that in this type of situation people run askew with something that is not true, it is a process to communicating with the property owner. Try to get people to try to clean up themselves. Thanked the people who bought it up. Definitely clean up the language. Councilmember Herzog asked about page 268 section referring to the Town Manager, doesn't tell her anything, she suggested it should be a person that is contracted for the Town of Town ofLoxahatchee Groves July 6, 2021 Town Council Regular Meeting Minutes Page No.6 Loxahatchee Groves. Town Manager responded it is referring to what Town Manager means as a narrative. Town Attorney Lenihan also responded. Councilmember Herzog also asked about the numbering when removing content. Motion was made by Councilmember Maniglia seconded by Vice Mayor Danowski to approve Ordinance No. 2021-05 amending Article 12 in General, and Article III, Collection of Waste Franchises and Registration of Contractors authorized, of Charter 38, Solid Waste, Loxahatchee Groves Code; providing for conflict; providing for severability; providing for codification; and providing an effective date and with changes given to the Town Attorney; it was voted as follows: Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmembers Herzog, Maniglia and Miles. Motion passed unanimously. REGULAR AGENDA 7. Approval of Resolution No. 2021-32 establishing the Town's preliminary non-ad valorem assessment rate for Solid Waste Collection and Recycling Services for the fiscal year beginning October I, 2021, proposed at $450/unit for residential curbside service which is the same rate as for FY 2021, the current year. Town Manager Titcomb presented the item to Town Council. He stated that these are resolutions, at the moment we are going through a ministerial exercise to confirm solid waste collection rates. The proposed rate of $450 per unit is set at the same rate as the same rate as in FY 2020-2021. He explained once these are set, it is the maximum, only can reduce. Councilmember Maniglia stated that she would like to consider that we need to pay close attention to our recycling in the next year. Not sure it is all getting collected and it is something we supposed to be getting a credit and maybe we should be doing on our own, where people bring their own. Mayor Shorr stated he feels we should emphasize the two-compartment truck. It just makes sense. Motion was made by Councilmember Maniglia seconded by Councilmember Herzog to approve Resolution No. 2021-32 establishing the Town's preliminary non-ad valorem assessment rate for Solid Waste Collection and Recycling Services for the fiscal year beginning October 1, 2021, proposed at $450/unit for residential curbside service; it was voted as follows: Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmembers Herzog, Maniglia, and Miles. Motion passed unanimously. 8. Approval of Resolution No. 2021-33 establishing the Town's preliminary ad valorem millage rate of 3 mills for Truth-in-Millage ("TRIM") purposes for the fiscal year beginning October I; 2021, proposed at 3 mills which is the same rate as for FY 2021, the current year. Town Manager Titcomb presented the item to Town Council and stating it is for Truth-in­ Millage (TRIM) at 3 mills. Tonight, is to set the maximum rate. Motion was made by Maniglia seconded by Councilmember Herzog to approve Resolution No. 2021-33 establishing the Town's preliminarv ad valorem millage rate of 3 mills for Truth-in-Millage ("TRIM") purposes for the fiscal year for the fiscal year beginning October 1, 2021, proposed at 3 mills; it was voted as follows: Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmembers Herzog, Maniglia, and Miles. Motion passed unanimously. Town ofLoxahatchee Groves July 6, 2021 Town Council Regular Meeting Minutes PageNo.7 Councilmember Maniglia stated that we need to stay on course to continuing paving roads. Motion was made by Councilmember Maniglia seconded by Mayor Shorr to recess the Regular Town Council Meeting at 8:16 p.m.; it was voted as follows: Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmembers Herzog, Maniglia, and Miles. Motion passed unanimously. The Town Council will sit as the Board of Supervisors for the Loxahatchee Groves Water Control Dependent District for item 9. 9. Approval of Resolution No. 2021- DD03 establishing the district's preliminary Road & Drainage non-ad valorem assessment rate for the fiscal year beginning October I, 2021, proposed at $200/unit which is the same rate as for FY 2021, the current year. Board of Supervisor Chairperson Danowski called the Loxahatchee Groves Water Control Dependent District to order at 8: 16 p.m. Town Manager Titcomb presented the item. There was public comment made by Todd Mclendon. Councilmember Maniglia asked are these the properties at the corner of Southern Blvd. and Crestwood, she asked the Town Attorney can they be assessed. Town Attorney Lenihan responded let her look into this. District Chair Danowski asked if the 200.00 dollars assessment fee could be explained what the assessment is for. Town Attorney Lenihan responded by stating that it is stated in the resolution then went to name them but all for roadway and drainage improvements and maintenance. District Chair Danowski asked should this 200.00 an acre assessment be assigned uniformly across our town or should there be another assessment be assigned to properties that have zero access to town roads. Town Attorney Lenihan responded it is up to the Board to decide how they want to access, but this is being carried forward as an approved method of assessment. District Chair Danowski stated that there is precedent in the state of Florida where a uniform assessment was applied universally and properties that do not have access to town roads a case was bought forward and was found in their favor that their assessment was being assigned improperly. Town Attorney Lenihan responded that this assessment is more than about roads and we would have to look at all properties, and we would look into it. There was further discussion among District Chair Danowski and Town Attorney Lenihan. Board of Supervisor Member Herzog stated that she thought it was a rule or regulation that you could not have a land lock piece of property so how are they assessing property that you have no ingress/egress. Town Attorney Lenihan responded that you cannot have a land lock piece of property, but you can have property that does not have direct access to a road it could be accessing a road through an easement, but they would have to have physical ingress/egress from their property but not necessary to a road. Town Manager Titcomb also responded to Board of Supervisor Member Herzog concern. There was discussion among the Board of Supervisors. Motion was made by Board of Supervisor Member Shorr seconded by Board of Supervisor Member Maniglia to approval Resolution No. 2021-DD03 establishing the district's preliminary Road & Drainage non-ad valorem assessment rate for the fiscal year beginning October 1, 2021, proposed at$ 200/unit; it was voted as follows: Ayes: Town ofLoxahatchee Groves July 6, 202 I Town Council Regular Meeting 1\1/in utes Page No.8 Board of Supervisor Chairperson Danowski, Board of Supervisor Treasurer Herzog, Board of Supervisor Members Maniglia, Miles and Shorr. Motion passed unanimously. Motion was made by Board of Supervisor Member Shorr seconded by Board of Supervisor Member Maniglia to adjourn the Loxahatchee Groves Water Control Dependent District Meeting at 8:30 p.m.; it was voted as follows: Ayes : Board of Supervisor Chairperson Danowski, Board of Supervisor Treasurer Herzog, Board of Supervisor Members Maniglia, Miles and Shorr. Motion passed unanimously. Mayor Shorr reconvenes the Town Council meeting at 8:30 p.m. 10. Discussion of Road Abandonment Memo. PULLED FROM THE AGENDA AND RESHEDULED TO A LATER DATE 11. Pav ing Estimates for Minor Roads: a. 22 nd Road North $3 8,62 1 b. Flamingo Road $24,637 c. Los Angeles Drive $24,63 7 d. Paradise Trail $24,520 e. Raymond Drive $51 ,205 f. San Diego Drive $37,460 Town Manager T itcomb presented the item by stating that he was reporting on behalfof Mr. Peters in his absence and that at the June 20, 2021 , the Town Council requested that staff prepare a cost estimate for six (6) mino r road segments, to include, Raymond Drive, Los Angeles Drive, Sand Diego Drive, 22nd Road North, Flamingo Road, a nd P aradise T rail. He stated that Mr. Peters used various quotes and metrics fro m other projects were d oing and conversati on with vario us providers of these serv ices and has provided working estimates o f those roads' segment, where this may be he lpful to Town Council is during budgeting. Mr. T itcomb stated that sta ff requests that T own Counc il provide direction as to which road segments maybe improved and a timeframe fo r each, and funding will be addressed as part of the budget process. H e also stated that fro m pages 333 to 338. (L isted be low) Cost Estimate for Paving of Minor Roads: 22 nd Rd N. off C Rd- 0.244 MOT- 2men @ $20.00/hr. x 8hrs.= $ 320 .00* Placeme nt of Base rock Material provided and de livered by PB Agg. FOOT# 11 @ $ 10.50 /ton x 645.0 tons= $6,772.50 Equipment Grader to Distribute a nd B uild Crown (IKS) $ 175 .00* Town ofLoxahatchee Groves July 6, 2021 To1,,vn Council Regular A.feeling Afinutes PageNo.9 Water Truck to Water Material Prior to Rolling (!KS) $ 218,00* Roller to Compact Roadway (Rental) $ 732.00* Sub-Total Materials $8,217.50 Man Hours (!KS) Grader Operator $ 300.00* Water Truck Operator/Roller Operator $ 300.00* Sub-Total Man Hours $ 600,00 Paving With 2" Type S-1 or 12.5 Asphalt Mobilize & MOT $ 2,000,00* Tack@ $.45/sq yd. x 2,147 sq yd,= $ 966.15 Pave @$12.50/sq yd, x 2,147 sq yd.= $26,837.50 Paving Sub-Total $29,803,65 Project Grand Total $38,621.15 Note: There is currently adequate drainage on the North side of 22 nd Dr N, in order to provide drainage for the crowned roadway, however one I0"x20 ft. long HDPE drain will need to be replaced. (*) All costs associated with the asterisk's can be shared equally amongst the residents of Flamingo, Paradise and 22 nd Rd N. if all roads are done in conjunction, Cost Estimate for Paving of Minor Roads: Flamingo Dr- 0.151 miles MOT- 2men@ $20,00/hr. x 8hrs.= $ 320,00* Placement of Base rock Material provided and delivered by PB Agg, FDOT # 11 @ $10.50 /ton x 322.0 tons= $3,381.00 Eguipment Grader to Distribute and Build Crown (!KS) $ 175.00* Water Truck to Water Material Prior to Rolling (!KS) $ 218.00* Roller to Compact Roadway (Rental) $ 732.00* Town ofLoxahatchee Groves July 6, 2021 Town Council Regular Meeting Minutes Page No.JO Sub-Total Materials $4,826.00 Man Hours (!KS) Grader Operator $ 300.00* Water Truck Operator/Roller Operator $ 300.00* Sub-Total Man Hours $ 600.00 Paving With 2" Type S-1 or 12.5 Asphalt Mobilize & MOT $ 2,000.00* Tack @ $.45/sq yd. x 1,329 sq yd.= $ 598.05 Pave@$12.50/sq yd. x 1,329 sq yd.= $16,612.50 Paving Sub-Total $19,210.55 Project Grand Total $24,636.55 Note: There is currently adequate drainage on Flamingo Dr. in order to provide drainage for the crowned roadway. (*) All costs associated with the asterisk's can be shared equally amongst the residents of Flamingo, Paradise and 22 nd Rd N. if all roads are done in conjunction. Cost Estimate for Paving of Minor Roads: Los Angeles Dr 0.214 miles MOT- 2men@ $20.00/hr. x 8hrs.= $ 320.00 Placement of Base rock Material provided and delivered by PB Agg. FOOT #11@ $10.50 /ton x 430.0 tons= $ 4,515.00 Equipment Grader to Distribute and Build Crown (!KS) $ 175.00 Water Truck to Water Material Prior to Rolling (!KS) $ 218.00 Roller to Compact Roadway (Rental) $ 732.00 Sub-Total Materials $5,960.00 Man Hours ([KS) Town of'Loxahatchee Groves July 6, 2021 Town Council Regular Meeting Minutes Page No.I I Grader Operator $ 300.00 Water Truck Operator/Roller Operator $ 300.00 Sub-Total Man Hours $ 600.00 Paving With 2" Type S-1 or 12.5 Asphalt Mobilize & MOT $2,000.00 Tack@ $.45/sq yd. x 1,883 sq yd.= $ 847.35 Pave @ $ I 2.50/sq yd. x 1,883 sq yd.= $23,537.50 Paving Sub-Total $26,384.85 Project Grand Total $32,944.85 Note: There is not currently adequate drainage on either side of Los Angeles Drive in order to provide drainage for the crowned roadway. Drainage swales and Driveway culverts will be required for proper drainage of Los Angeles Dr. Cost Estimate for Paving of Minor Roads: Paradise Trail- 0.150 MOT- 2men@ $20.00/hr. x 8hrs.= $ 320.00* Placement of Base rock Material provided and delivered by PB Agg. FOOT #11@ $10.50 /ton x 322.0 tons= $ 3,381.00 Equipment Grader to Distribute and Build Crown (!KS) $ 175.00* Water Truck to Water Material Prior to Rolling (lKS) $ 218.00* Roller to Compact Roadway (Rental) $ 732.00* Sub-Total Materials $4,826.00 Man Hours (!KS) Grader Operator $ 300.00* Water Truck Operator/Roller Operator $ 300.00* Town ofLoxahatchee Groves July 6, 2021 Town Council Regular Meeting Minutes Page No.12 Sub-Total Man Hours $ 600.00 Paving With 2" Type S-1 or 12.5 Asphalt Mobilize & MOT $ 2,000.00* Tack@ $.45/sq yd. x 1,320 sq yd.= $ 594.00 Pave @$12.50/sq yd. x 1,320 sq yd.= $16,500.00 Paving Sub-Total $19 094.00 Project Grand Total $24,520.00 Note: There is currently adequate drainage on Flamingo Dr. in order to provide drainage for the crowned roadway. (*) All costs associated with the asterisk's can be shared equally amongst the residents of Flamingo, Paradise and 22 nd Rd N. if all roads are done in conjunction. Cost Estimate for Paving of Minor Roads: Raymond Dr.- 0.327 miles MOT- 2men@ $20.00/hr. x 8hrs.= $ 320.00 Placement of Base rock Material provided and delivered by PB Agg. FOOT# 11 @ $11.15 /ton x 860.0 tons= $9,890.00 Equipment Grader to Distribute and Build Crown (!KS) $ 175.00 Water Truck to Water Material Prior to Rolling (!KS) $ 218.00 Roller to Compact Roadway (Rental) $ 732.00 Sub-Total Materials $ 11,335.00 Man Hours ([KS) Grader Operator $ 300.00 Water Truck Operator/Roller Operator $ 300.00 Town a/Loxahatchee Groves July 6, 2021 Town Council Regular ,Heeling Minutes Page No.13 Sub-Total Man Hours $ 600.00 Paving With 2" Type S-1 or 12.5 Asphalt Mobilize & MOT $2,000.00 Tack@ $.45/sq yd. x 2,878 sq yd.= $1,295.10 Pave@ $12.50/sq yd. x 2,878sq yd.= $35,975.00 Paving Sub-Total $39,270.10 Project Grand Total $51,205.10 Note: There is currently adequate drainage on each side of Raymond Dr. in order to provide drainage for the crowned roadway. Cost Estimate for Paving of Minor Roads: San Diego Dr 0.214 miles MOT- 2men@ $20.00/hr. x 8hrs.= $ 320.00 Placement of Base rock Material provided and delivered by PB Agg. FDOT # 11 @ $ I 0.50 /ton x 860.0 tons= $9,030.00 Eguipment Grader to Distribute and Build Crown (!KS) $ 175.00 Water Truck to Water Material Prior to Rolling (!KS) $ 218.00 Roller to Compact Roadway (Rental) $ 732.00 Sub-Total Materials $10,475.00 Man Hours (!KS} Grader Operator $ 300.00 Water Truck Operator/Roller Operator $ 300.00 Sub-Total Man Hours $ 600.00 Paving With 2"" Type S-1 or 12.5 Asphalt Mobilize & MOT $2,000.00 Town ofLoxahatchee Groves July 6, 2021 Town Council Regular Meeting Minutes Page No./4 Tack @ $.45/sq yd. x 1,883 sq yd.= $ 847.35 Pave @$12.50/sq yd. x 1,883 sq yd.= $23,537.50 Paving Sub-Total $26,384.85 Project Grand Total $37,459.85 Note: There is currently adequate drainage on each side of San Diego Drive in order to provide drainage for the crowned roadway. Town Attorney Lenihan stated that as an alternate that Town Council can take these for informational purposes and can have these further discussions as is to time and priorities as we bring forward the budget and road prioritization or can wait until we get hard quotes from vendors that Mr. Peters ran out of time getting for this meeting. There are a lot of different things that can be done with this. Councilmember Maniglia stated that she suggests for Town Council discussion that they are still roads on the plate getting done and perhaps this can be done on the FY 22/23 year. Mayor Shorr commented that it was told to Asst. Town Manager Ramaglia to look into different options for assessing based on per acreage, per residential unit, traffic. Then he continued to give an example. Looking forward to developing a program that works. Councilmember Miles stated that it depends on how many people live on the road they may decide to just get together and pave the road. There was a request to Town Attorney Lenihan to bring back a resolution to Town Council with more details. Mayor Shorr asked Town Attorney Lenihan would this resolution be done within the next two weeks, Town Attorney Lenihan responded, no and gave an explanation. Captain Turner presented an update to the Town Council regarding the Palm Beach County Sheriff Office (PBCSO). There was discussion among the Town Council and Captain Turner and Town Manager. TOWN COUNCILMEMBER COMMENTS Phillis Maniglia (Seat 1) • Update on 143 rd Road • Removable of Roads on the Gas Tax • Chili Cook-off (formalize) Laura Danowski (Seat 2) • Comer of North E & North North Road • South D Road • Back to School Backpack (can get clear backpacks from Amazon) Toivn ofloxahatchee Groves July 6, 2021 To1rvn Council Regular Afeeting Afinutes Page No.15 Marianne Miles (Seat 3) • Being a good neighbor • Blasting on Facebook (will not take part) • Great time at Chili Cook-Off Marge Herzog (Seat 5) • Adopt-A-Road • Church on "E" Road • Equestrian Trail continues east of Fire Station. Mayor Robert Shorr (Seat 4) • Participating in Chili Cook-Off and Clean-Up • Tractor • Trail There was consensus to have a resolution bought back for approval naming the trail by the Fire Station after Ron Jarriel. TOWN STAFF COMMENTS Town Manager • Spoke about FLC Annual Conference (August 12-14, 2021) • Webinar on Ethics (July 14"') • Vacation Assistant Town Manager • No Comment Town Attorney • Spoke about making both meetings Regular Meetings. There was a consensus by Town Council to have 1'' and 3,d Tuesdays Regular Meetings with Community Resident Workshops starting an hour before. Public Works Director • No comment Town Clerk • Back to School Backpack Drive By (July 31 st from 9:00 a.m. to Noon) ADJOURNMENT There being no further business meeting was adjourned at 9:31 p.m. Town ofLoxahatchee Groves July 6, 202 1 Town Council Regular Meeling MinuLes Page No.16 TOWN OF LOXAHATCHEE GROVES, FLORID Ro arianne Miles, Council Member ~~ Margare erzog, O r n n ~

Agenda

TOWN OF LOXAHATCHEE GROVES TOWN HALL COUNCIL CHAMBERS TOWN COUNCIL REGULAR MEETING Community Discussion Meeting 6:00-6:55 PM (Non-Agenda Items Workshop) AGENDA JULY 6, 2021 - 7:00 - 10:30 P.M. Robert Shorr, Mayor (Seat 4) Phillis Maniglia, Councilmember (Seat 1) Laura Danowski, Vice Mayor (Seat 2) Marianne Miles, Councilmember (Seat 3) Marge Herzog, Councilmember (Seat 4) Administration Town Manager, James S. Titcomb Assistant Town Manager, Francine L. Ramaglia Town Attorney, Elizabeth Lenihan, Esq. Town Clerk, Lakisha Q. Burch Public Works Director, Larry A. Peters, P.E. 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 July 6, 2021 Town Council Regular Meeting Agenda 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 6:00 PM day of the meeting. Comments received will be “received and filed” to be acknowledged as part of the official public record for the meeting. The Town Council meeting will be live-streamed and close- captioned for the general public via our website, instructions are posted there. CONSENT AGENDA 1. Approval of Resolution No. 2021-31 appointment of Janet Eick as a regular member of the Finance Audit and Advisory Committee (FAAC). 2. Approval of Resolution No. 2021-34 Regularly Scheduled First Meeting Date in September 2021. 3. Approval of Resolution No. 2021-35 Entering into Building and Code Enforcement Piggyback agreements. PUBLIC HEARING 4. Approval of Resolution No. 2021-30 the Culver’s Restaurant Site plan for land owned by BW Solar Sportsystems, Inc., consisting of 1.39 acres more or less, located on the north side of Southern Boulevard east of “B” Road Loxahatchee Groves, Florida, legally described in Exhibit “A” to this Resolution; providing for severability; providing for conflicts; and providing for an effective date. (Quasi-Judicial) 5. Approval of Ordinance No. 2021-06 amending Article 10 definitions, abbreviations and construction of terms, Section 10-15 definitions of its Unified Land Development Code to revise the definition of height: providing for conflict, severability, codification, and an effective date. 6. Approval of Ordinance No. 2021-05 amending Article 1, in General, and Article III, Collection of Waste Franchises and Registration of Contractors authorized, of Charter 38, Solid Waste, Loxahatchee Groves Code; providing for conflict; providing for severability; providing for codification; and providing an effective date. REGULAR AGENDA Town of Loxahatchee Groves July 6, 2021 Town Council Regular Meeting Agenda Page No.3 7. Approval of Resolution No. 2021-32 establishing the Town’s preliminary non-ad valorem assessment rate for Solid Waste Collection and Recycling Services for the fiscal year beginning October 1, 2021, proposed at $450/unit for residential curbside service which is the same rate as for FY 2021, the current year. 8. Approval of Resolution No. 2021-33 establishing the Town’s preliminary ad valorem millage rate of 3 mills for Truth-in-Millage (“TRIM”) purposes for the fiscal year beginning October 1, 2021, proposed at 3 mills which is the same rate as for FY 2021, the current year. The Town Council will sit as the Board of Supervisors for the Loxahatchee Groves Water Control Dependent District for item 9. 9. Approval of Resolution No. 2021- DD03 establishing the district’s preliminary Road & Drainage non-ad valorem assessment rate for the fiscal year beginning October 1, 2021, proposed at $200/unit which is the same rate as for FY 2021, the current year. 10. Discussion of Road Abandonment Memo. 11. Paving Estimates for Minor Roads: a. 22nd Road North $38,621 b. Flamingo Road $24,637 c. Los Angeles Drive $24,637 d. Paradise Trail $24,520 e. Raymond Drive $51,205 f. San Diego Drive $37,460 TOWN COUNCILMEMBER COMMENTS Phillis Maniglia (Seat 1) Laura Danowski (Seat 2) Marianne Miles (Seat 3) Marge Herzog (Seat 5) Mayor Robert Shorr (Seat 4) TOWN STAFF COMMENTS Town Manager Assistant Town Manager Town Attorney Public Works Director Town Clerk ADJOURNMENT Comment Cards: Note public comment rules are modified during the COVID-19 pandemic, see above. Town of Loxahatchee Groves July 6, 2021 Town Council Regular Meeting Agenda Page No.4 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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