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Town Council Workshop/Regular Meeting

Regular Meeting

Loxahatchee Groves, FL · June 7, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL COMMUNITY OPEN DISCUSSION WORKSHOP JUNE 7, 2022 1\lleeting audio available in Town Clerk's Office CALL TO ORDER Mayor Shorr called meeting to order at 6:02 p.m. ROLL CALL Mayor Robert Shorr, Vice Mayor Laura Danowski, and Counci l Member Marianne Miles. Town Manager James T itcomb, Town Attorney E lizabeth Lenihan, Esq., Assistant Town Manage r Francine L. Ramaglia, Public Works Director Larry Peters, Assistant Public Works Director, Mario Matos, Planning Consultant, Jim Fleishman and Absent: Town C lerk Lakisha Burch. COMMENTS FROM THE PUBLIC There were public comments from Manny Hernandez, Cass ie Suchy, Daniel Z immer Manny Hernandez • Right to Farm Act Counci lmember Maniglia asked Mr. Hernandez what the issue is. Mr. Hernandez said that there are a number of issues; as staff are a lways say ing things about agriculture that they do not understand; he said his particular situation is e lectrical service. He said for many years he has been going through FPL to handle situations. Counci lmember Manig lia inquired what was the resolution. Mayor Shorr commented that it is a personal conve rsation , and it is none of Councilmember Maniglia ' s bus iness. He advised Mr. Hernandez to keep that conversation persona l. Mr. Hernandez adv ised that it boils down to staff not being up to date. Councilmember Maniglia asked Mr. Hernandez if he spo ke w ith the Town Manager or the Assistant Town Manager. Mr. Hernandez advised he did not have to go that far; he got together with staff of the district and po inted out ce11ain things to them; it became clear that they jus t mi sunderstood what was a llowed to be done. Councilmember Maniglia commented good, great, and thank you. Town ofLoxahatchee Groves June 7, 2022 Town Council Community Workshop Meeting Minutes Page No.2 Cassie Suchy • Land between Ag and the Shell Gas Station • Utility boxes/ B Road o Mayor Shorr commented on the splice boxes and transformers. He asked Mr. Peters what can be done about this. Mr. Peters advised that he was not aware of it; he will check on it. o Vice Mayor Danowski advised Mr. Peters that there are splice boxes along the easement ofE Road between Okeechobee Boulevard and Collecting Canal. Mayor Shorr inquired if they are buried. Vice Mayor Danowski advised that she can see the top of one as she drives past it, and she saw the other one when it was installed. There was discussion among Town Council. o Mayor Shorr inquired on the final elevation. Assistant Public Works Director Mario Matos responded that the boxes were marked with cones; he said that they are probably an inch or two below the new level. Mayor Shorr commented if the Grader Operator does not know that they are there it is not going to be a good situation. Councilmember Miles inquired if the boxes are hooked up. Mr. Matos responded that the boxes are on the low side of the road; they barely dig their blade on that side; there is a chance that the boxes will be ok. He said they can work with the company to figure something out to mark the places where they are located. o Councilmember Maniglia asked Mr. Matos if the company would be willing to pay for some road covering. Vice Mayor Danowski commented that they would still have to access it. Mr. Matos commented he does not think that they are done therefore they are not covered. There was discussion among Town Council. Dan Zimmer • Update on Groves Town Center o Mr. Zimmer advised that the equestrian trail it is not marked off as closed as there is a lot of earth moving being done by H & J Construction. Mayor Shorr inquired on the black silk fencing. Mr. Zimmer advised that he took the trail as far as he could go; he said that you cannot go through. He noted that Council previously requested for signage to be placed on B and C Roads. Mayor Shorr asked why signage is not up and whether Mr. Zimmer will put the signage up. Mr. Zimmer responded he was not putting the signage up; he has people for that sort of thing. Mayor Shorr asked for staff to put signage up as a courtesy for the people to let them know if they head that way, they will hit a dead end. Mr. Zimmer sent best wishes to Town Manager Titcomb. Chris Marreo • Boones New Owner o Mr. Marreo advised that he has been helping Ken Yeeves get the plaza cleaned up. Town Manager Titcomb reminded everyone to use their microphone when speaking. Town ofLoxahatchee Groves June 7, 2022 Town Council Community Workshop Meeting Minutes PageNo.3 Alexis Puszowicz • Closure/Blockage off 43 rd Rd North o Town Manager Titcomb advised that it is a jurisdictional issue with Indian Trail District and explained why. Ms. Puszowicz inquired if Indian Trial District budgets and pays for that. Mr. Titcomb responded yes. Paul Coleman Mr. Coleman thanked Town Manager Titcomb for being a wealth of information and a very good resource; he said that he is sad to see him go. • Water levels o Mr. Coleman inquired on the water table timeframe and process. Assistant Public Works Director Mario Matos explained the process when preparing for a stonn and advised why so much water is being held. He said that they cannot control the canal water levels from the North; secondly having to pay for falling water from the C- 51 Canal when getting enough rain. He advised that the levels are below 17 feet and pumped at I 6 feet. Mayor Shorr asked if the two numbers are I 6 and 17. Mr. Matos responded yes. He said if we go below the levels, half of the canals will be too low; and mentioned that levels are lowered to 15 feet before a storm. He said they are trying to keep certain levels and allow drainage. He mentioned this is the first complaint received after the storm. He said they can allow some drainage between rain whenever there is a problem. Mayor Shorr inquired on the policy for dropping levels. Mr. Matos explained how the levels are determined. o Vice Mayor Danowski inquired on the coordination between the Town, South Florida Water Management District (SFWMD) and Special Districts for water control. Mr. Peters responded this is what he has been trying to explain to everyone in the community; that there is coordination for a controlled discharge. He said that water cannot just be dumped into the canals; we are mandated to control the discharge. Vice Mayor Danowski commented that she is on board with having to abide by that system. She asked Mr. Peters if there is day-to-day dialog with the SFWMD and asked whether coordination is done only when a storm is approaching. Mr. Peters responded there is no day-to-day coordination. o Councilmember Miles asked Mr. Peters if the system could be split and inquired if there is a mechanism that can be installed on the North end to slow down the water and what the cost is. Councilmembers Maniglia and Herzog both commented weirs. o Assistant Town Manager Ramaglia advised Town Council that Mr. Hernandez has another comment. Mayor Shorr said that Mr. Hernandez can make it during public comment at the regular meeting. o Mr. Peters responded yes to Councilmember Miles question. He mentioned that the last Capital Improvement Plan had weirs to be installed in all 7 canals North of Okeechobee Boulevard; however, it was not approved, and it did not go forward. He said we will try again this budget period. Mayor Shorr inquired if it was the $300k. Mr. Peters said he believes this was the figure. Councilmember Herzog inquired what happened that it did not get done. Assistant Town Manager Rarnaglia said that there was only $700k that year the weirs were placed in the plan, and we did not have the funding to pay for them; now that we have the American Rescue Plan Act (ARPA) funds this would be an eligible allocation. Town ofLoxahatchee Groves June 7, 2022 Town Council Community Workshop Meeting Minutes Page No.4 There was discussion between Town Council and Mr. Peters. ADJOURNMENT There being no further business the workshop was adjourned at 6:29 p.m. TOWN OF LOXAHATCHEE GROVES, ATTEST: ~ C-le-rk_ _ __ Vice Mayor Laura Danowski -· 7-:/// . . I { 1/ ·:::-~ /~~c" / 'f/4?~ Councilm m ~ Marge Herzog --- , 'L/4 TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL REGULAR MEETING JUNE 7, 2022 ,Heeling audio available in Town Clerk 's Office CALL TO ORDER Mayor Shorr called meeting to order at 6:32 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 , Councilmembers Phillis Maniglia, Margaret Herzog, Marianne Miles and, Town Manager James Titcomb, Assistant Town Manager Franc ine L. Ramaglia, Town Attorney Elizabeth Lenihan, Esq., Public Works Director Larry Peters, Assistant Public Works Director Mario Matos and Absent: Town Clerk Lakisha Burch. ADDITIONS, DELETIONS AND MODIFICATIONS Vice Mayor Danowski requested that Counci l consider if the Town Attorney has something that she needs to discuss that is important before Co uncil that it comes before item #5 under Discuss ion & Action. Mayor ShorT asked if there is a title for the item to be discussed. Town Attorney Lenihan responded it is an amendment to the Town Manager contract. Mayor Shorr inquired if thi s item would be made Sa. Town Attorney Lenihan said that it wou ld be a new item 5; she wanted it to be clear. Mayor Shorr sa id he wo uld like to do a proclamation before public comments. To"vn Attorney adv ised it would be a proclamation, presentation, and a short recess. Town ofLoxahatchee Groves June 7, 2022 Town Council Regular lvleeting Page No.2 Mayor Shorr clarified that he would like to do a proclamation, presentation, and short recess for the outgoing Town Manager. Councilmember Maniglia said she would like to pull item #4 for discussion. Mayor Shorr said that when we get to consent that is when you pull it. Town Council made a consensus to make changes as is. Mayor Shorr read the proclamation into the record and presented the proclamation to Town Manager Titcomb. Town Manager Titcomb asked who wrote all that stuff; secondly, he is supposed to be the guy behind the camera. He said that it has been a pleasure and honor. Eryn Russell Ambassador with the Florida League of Cities located m Tallahassee, Florida provided background on the league, and she advised that the League is the voice for Florida's 411 cities, towns, and villages since 1922. She mentioned that they are excited to celebrate I00 years this year. She stated the goals of the league; thanked the Town for being an active member. She said that it is an honor to be here tonight to recognize and honor Town Manager Titcomb of Loxahatchee Groves. She read the plaque and presented it to Town Manager Titcomb and thanked Mr. Titcomb for his reasonable service. Mayor Shorr called for Town Council recess at 6:44 p.m. Motion was made by Councilmember Maniglia, seconded by Mayor Shorr for recess. Voting is as follows Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmembers Maniglia, Miles, and Herzog. Motion passed unanimously. Mayor Shorr reconvened the Town Council meeting at 6:59 p.m. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS There was public comment made by Manny Hernandez, Cassie Suchy, and Paul Coleman. Mayor Shorr advised Mr. Hernandez to send an email to Town Manager Titcomb regarding the water control comment. Town Manager Titcomb advised Mr. Hernandez he has two more days to reach him as his last day is Thursday; he recommends Mr. Hernandez reach out to Larry Peters Director of Public Works. He advised that he would like to invite the Palm Beach Sheriffs Office (PBSO) representative to make a few comments and provide highlights as Captain Turner has a competing meeting today. Lieutenant Robert Demarzo for PBSO Districts 15, 17, and 18 thanked Council for having him tonight and reported the numbers for the month of May. Councilmember Maniglia asked Mr. Peters ifhe received a call from PBSO or the Town Manager regarding the car compromising the E Road berrn on the North side. Town ofLoxaha1chee Groves June 7, 2022 Town Council Regular Meeling Page No.3 Mr. Peters responded yes; he received a texted pic ture. Councilmember Maniglia sa id she hopes that Mr. Peters reaches out to management while he is on, therefore, they can come to make sure that there is no danger to the public. Mr. Peters responded no problem. Vice Mayor Danowski asked Lieutenant Demarzo w hethe r a paved or dirt road enhances o r decreases crime. She mentioned some of the comments from residents. Lieutenant Demarzo said that he does not have any background to say; in his experience crime occurs in every type of community; he cannot say fo r sure, and he does not know if the re is a statistic for that. CONSENT AGENDA I. Approval of Meeting Minutes. a. February I, 2022 , Town Council Community Res ident Worksho p Meeting 2. Approval of Resolution No. 2022-23 authorizing the purchase and financing of grader. 3. Approval of Resolution No. 2022-24 authorizing the extending/amending of the T own's emergency Line o f Credit w ith Bank United not to exceed $500,000 through June 7, 2025 . 4. Approval of Resolution No. 2022-25 authoriz ing the expenditures w ith CG P Agency, LLC in the Town' s best interest as follows: ratifying total purchases and payments for CGP Agency, LLC in the amount of $55,000 and establi shing work authorization/task orde r process for additional work not to exceed $ _ _ _ _ in total through September 30, 2022. ITEM PULLED FOR DISCUSSION. Councilmember Manig lia sa id she would like to pull item #4 for di scuss ion. Vice Mayor Danowski said that she would like to pull item #4 for discussion a lso. Motion was made by Councilmember Maniglia, seconded by Vice Mayor Danowski to approve items #1 - #3. Voting is as follows Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmember Miles, Herzog, and Maniglia. Motion passed unanimouslv. Town Manager Titcomb noted that there are twenty-three pages o f line-item services to the Town fo r item #4. Counc ilmember Maniglia comme nted that she did not vote aye to a soc ial media service and not this particular one. • $25k Budget/ $43K bill • Inquired on invoice/overages Town ofLoxahatchee Groves June 7, 2022 Town Council Regular Meeting Page No.4 Town Manager Titcomb said the twenty-three pages before Council represent the invoices for the work that is under this time span. He mentioned how reports and invoices are done. • Factors that creep in • Explained what is being done to address this Councilmember Maniglia inquired who wrote the twelve-page agreement. Town Attorney Lenihan responded she did. Councilmember Maniglia inquired why their attorney had not written it and the Town Attorney argue it. Town Attorney Lenihan responded it easier for us and explained why. There was discussion between Town Council, Town Attorney, and the Assistant Town Manager. Councilmember Maniglia said that she would like to table this item until she has had time to digest this. There was public comment made by Todd McClendon. Vice Mayor Danowski inquired how much has been paid on this. Assistant Town Manager Ramaglia responded $43,090.00 Town Manager Titcomb commented this is inclusive of all this stuff. Vice Mayor Danowski said she supports Councilmember Maniglia's cap of $25k and commented let's put the simple things on push media and use the design firm for important things. • The Town's need for some sort of social media presence. • CGP's Agency Rates • Code Red Councilmember Miles commented that she agrees with Councilmember Maniglia and Vice Mayor Danowski. • Cost • The $25k Budget. o She commented that she is stuck on giving them more work for just to be burnt a second time; either we can table it to look at this further or squash it. Council member Herzog commented that she kind of agrees with everyone. • $55K cap • Monitoring and cautioning the company Mayor Shorr inquired about Blackbaud monitoring. Assistant Town Manager Ramaglia explained what the issue was and noted it was flagged. Town ofLoxahatchee Groves June 7, 2022 Town Council Regular l'v!eeting PageNo.5 There was discussion between Town Council, Assistant Town Manager Ramaglia, and Town Manager Titcomb. Town Attorney Lenihan noted the resolutions before Council; Resolution No. 2022-25 to approve expenditures and Resolution No. 2022-26 approving the draft contract. She said if Council wants to hold off on that part to approve it as is or decrease the amount that part is a little more flexible. If Council does not approve a contract tonight to move forward to cover this fiscal year that has a dollar amount with a threshold in it; she is alerting Council that the invoices being approved tonight retroactively or ratified through the month of April; services have been provided for the month of May; Council would need to advise how they would like to handle announcements. She said we would be back before Council for another adjustment at some point to approve the period of time now through or until action is taken on a contract. Vice Mayor Danowski thanked the Town Attorney for advising Council that something will be coming through for the month of May. She mentioned she has no intention ofapproving Resolution No. 2022-26 as it would be prudent for each Councilmember to detennine what they would like and advise how much they would like to have spent on a media company to be brought back for discussion. Councilmember Maniglia • Cost for Coffee with the Mayor/other event costs • Time to review invoice • Request for Proposal (RFP)/cost for RFP Councilmember Herzog inquired who monitors what goes out. Town Manager Titcomb responded that most of the work is directed by the Town Clerk's Office in response to things that need to be produced, created, put into production, and placed on the Town's various media sources. Motion made by Councilmember Maniglia, second by Councilmember Herzog to bring Resolution No, 2022-25 back to the next meeting in order for the Council to digest this bill therefore Council could have more scope of work. Town Attorney Lenihan advised that a motion is not needed. She reiterated that Council just wants staff to revise and update the resolution with the last invoice and bring it back. There was discussion among Town Council to have the item brought back at the second meeting in July. Mayor Shorr said Council needs to take some action therefore it shows up in the minutes. Town Attorney Lenihan advised that Council has given staff direction to bring it back after the final invoice. Vice Mayor Danowski asked if this includes Resolution No. 2022-26. Councilmember Maniglia responded no; this is for Resolution No. 2022-25. Town ofLoxahatchee Groves June 7, 2022 Town Council Regular Meeting Page No.6 Mayor Shorr commented that staff will bring back a final encumbered amount. There was consensus to have Resolution No. 2022-25 brought back before Council with the final invoice amount. DISCUSSION & ACTION 5. Approval of Resolution No. 2022-26 draft contract for COP Agency. Councilmember Maniglia said that ifwe are going to hire a social media company perhaps, we should take a Request for Proposal (RFP). She inquired about the expense of an RFP. Assistant Town Manager Ramaglia responded it is not significant. Town Manager Titcomb reiterated Vice Mayor Danowski's comment that each Councilmember should consider the scale and scope of what communication looks like; therefore, it can be built into the RFP if Council goes in that direction. Councilmember Maniglia • Code Red and Road Closures Vice Mayor Danowski commented she is not sure she wants to go out for an RFP or RFQ because we already have the relationship with the agency and explained why. Councilmember Miles said that Council needs to put what is important to us and tell the agency what we would like for them to do. Town Manager Titcomb said this item will come back with those considerations; an invitation will be sent to the agency to come in and have a dialog with the Council on the scope of work and parameters. There was discussion between the Town Council, Town Manager Titcomb, and Town Attorney Lenihan regarding the Council review of invoices, scope of work, Family Fun Day event, and bringing the item back for the second meeting in July. Assistant Town Manager Ramaglia advised there is a public comment for item #4. Mayor Shorr advised that public comment is closed. Town Manager Titcomb asked for clarification as to Council consensus; he reiterated to put the agency on hold until the issues are worked out; except for the Family Fun Day event and have them come back with the revisional comments for the second meeting in July. Councilmember Herzog said we need to know what the agency has in the queue to be worked on. There was consensus by Town Council to place the agency on hold until the issues are worked out, except for the Family Day event. Town ofLoxahatchee Groves June 7, 2022 Tmrn Council Regular Meeting Page No. 7 Sa. Appointing Francine Ramaglia as Acting Town Manager until Town Manager has bee n appointed by Town Council. ADD NEW TITLE: AMENDMENT TO TOWN MANAGER AGREEMENT. Lara Do nlo n of Torcivia, Donlon, Goddeau & Rubin , P.A. stated that the Town Manager agreement does not provide a provis io n for a payo ut of Paid Time Off (PTO) w hen someone has been employed for less than 5 years. She me ntioned that it was discussed that th ere is a more global PTO issue that w ill be broug ht back before Counc il at a later meeting to discuss. With respect to his agreement, she mentioned that Council had an interest in providing a payo ut of accrued and unused PTO ; she mentioned an avenue to accompli sh that wo uld be to amend the agreement. She said Town Manager Titcomb has made that request; therefore, it is a bus iness deci sion of the Council to do so. She noted there are 384 PTO hours accrued and unused. She would like to bring it to Council 's attention and provide feedback either to dec ide to whether to act o r not. Mayor Shorr summarized the contract before Council. He advised if the public wo uld like to comment they can fill o ut a public comment to speak as this item was added. There was discuss io n between Mayor Shorr and Ms. Donlon , Esq. regarding the $23,080.80 calculation. There was public comment made by Todd McClendon. Vice Mayor Danowski commented that Town Manager Titcomb has certainly earned it; however, if it is not in the co ntract a deal is a deal. She mentioned agreeing w ith Mr. McClendon 's comment; she is willing to negotiate thi s if Mr. Titcomb wo uld stay on until we find and hire a Town Manager and explained why. Mayor Shorr inquired if employees are allowed to carry over 40 ho urs according to the current employee manual. Attorney Lenihan responded yes. Ms. Donlo n, Esq., respo nded if employees leave after five years, they are actually paid out up to 80 ho urs; if they have been here fi ve years; they are a llowed to carry over fro m o ne fi scal year to the next 40 ho urs. Mayor Shorr commented if an employee has been here less tha n fi ve years, they do n ot get anything. Ms. Donlo n, Esq. said yes, that is the present way the handbook is drafted. Mayo r Sho rr commented wow. Councilmember Maniglia commented thi s PTO has accrued to such a hig h number of ho urs due to Covid in 2020 w hen o ur Town Manager did have the authority. She asked M s. D onlo n to run through the background. Ms. Donlon, Esq . advised that the new policy manual was implemented and approved o n January 7, 2020; shortl y thereafter Covid hit, and the emergency powers of the Town Manager went into effect. S he advised that it was her understanding that it was difficult for staff to take time off; and many were working here o r working re mote ly to get things done ; to that end Mr. Town ofLoxahatchee Groves June 7, 2022 Town Council Regular Meeting Page No.8 Titcomb through his emergency powers of being able to modify policy and flexible work schedules allowed employees to carry over more PTO essentially all their bank over to the next fiscal year. She said going forward we continued into the emergency through late June 2021 and due to as she understands it the lack of ability for employees to take time accrued caused the further carry over from 2021 until now. She mentioned the separate issue will bring back at separate meeting; the amount of the accruals is higher than what is listed in the policy. Councilmember Maniglia commented in 2021 Covid was lifted. Ms. Donlon, Esq., said yes, in late June 2021. Councilmember Maniglia commented that there were no special powers. She asked Ms. Donlon what the verbiage was. Ms. Donlon explained the emergency authority Mr. Titcomb had when the emergency resolutions were in place and what he could do under that authority. She thinks that the practical challenge was for staff to take the time off between June and the beginning of the fiscal year. Councilmember Maniglia noted that Ms. Donlon advised her what the legality was earlier prior to the meeting. She commented again Mr. Titcomb rolled over PTO from June 2021 until now; however, Mr. Titcomb did not have a special power. Ms. Donlon said that there was no authority to do it; neither did it come before Council to her knowledge from 2021 until now. Mr. Titcomb explained that there were three different periods of time and stated them. He said as it was mentioned by the previous speakers there is a global PTO policy issue that affects most of the staff and the Town. He said that he has a difference of opinion with the attorneys about the statement itself earmarked for 5 years in a 3-year contract because it is not an achievable condition; however, that is a different argument. This instrument before Council is to put the Town Manager on the same playing field as all the other senior management and folks and he explained the reason this occurred and what it means. Councilmember Miles said she is assuming this is not only for Mr. Titcomb as there has been mention of staff members; this would be for two budget issues in 2020 and 2021; in which amounts have been accruing. Mr. Titcomb noted that all the accrued PTO time by staff is in the budget and encumbered in the books and the audits. This is not about coming up with the money, it is a liability to the Town. Councilmember Miles asked Ms. Donlon to provide the total figure and employees that have PTO remaining. Ms. Donlon responded there are six (6) employees presently employed who are impacted by the PTO calculations and carryover; the total amount identified in the 2020 fiscal year and 2020 financials is around $83K booked as compensated absences. Councilmember Miles asked Ms. Donlon if $83,089k rings a bell. Ms. Donlon said that would be correct. Town of Loxahatchee Groves June 7, 2022 Town Council Regular J\lfeeting Page No. 9 The re was d iscuss ion between Town Counc il, Lara Donlon, Esq., Town Manage r Titcomb, and Ass istant Town Manager Ramaglia o n hours accrue d fo r staff, line ite ms. liabil it ies, and the Town Managers' contract. Councilme mber Herzog commented she wo uld like to see that Mr. T itcom b does no t lose ho urs; she thinks he should be compensated. Motion was made bv Mayor Shorr, seconded by Vice Mayor Danowski not approve the am endment to the employee contract, Voting is as follows Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmember Miles, Nays : Councilm embers Herzog, and Maniglia. M otion passed 3-2. 6. A ppo inting Francine Ramagli a as Acting Town Manage r until Town Manager has been appo inted by Town Counc il. CHANGE TITLE FOR ITEM: RESOLUTION NO. 2022-27 EMPLOYMENT AGREEMENT FOR INTERIM TOWN MANAGER. Ms. Donlon note d at the meeting on May 3, 2022, Town Counc il directed staff a nd the Town Attorney to negotiate an agreeme nt w ith the Ass istant Town Manager and prepare an agr eement for Interim T own Manager serv ices. She mentioned in the te rms of the agreement Council w ill see the addressed matters in Ms. Rama lg ia ' s 20 I 8 employment letter and how it wo uld be going forward. She mentioned the extens ive discussions w ith Ms. Ramaglia and advised that she would try to share the information to get Counc il 's input. She noted the basic terms of the agreem ent and po inted out the changes m ade to the draft in the agenda backup based upon fu rther disc ussio n w ith Ms. Ramaglia; and noted that Ms. Ramaglia did not have time to rev iew the fina l draft prior to the agenda. Town A ttorney Lenihan me ntioned the revised draft on the dais for Counc il. She apo logized fo r not placing it in co lor fo r Counc il to see the highlighted portions in gray that are not easily seen. Ms. Donlon, Esq. , noted on page two (2) in section CS that a m odi fication was made for Ms. Ramaglia to receive her PTO if she did leave before or w ithin 5 years; add itionally, on page three (3) of the co ntract that payout of the PTO and ba lances carried over to be paid within 15- 30 days of the te rm commenc ing; bas ically she requested w ithin 15 days of the end of the term n o later September 30th ; the other mod ificatio n is on page two (2) section C3, she note d the origina l lump sum 40 hours be paid on her anniversary da te and req uested for it to be moved to October I st so that during the time of budget meetings and hearings she wo uld no t lose the 40 hours w h en the carry-over past kick in. V ice Mayor Danowski commented that she has read this a couple of times a nd still does not understand it. She asked Ms. Donlon to he lp her unde rstand the last bullet item and stated the verbiage. Ms. Donlon Esq. advised w hen the fi rst draft was provided w ith the backup it was for the payout of Ms . Ra maglia 380 hours that wou ld be paid w ithin 30 days of her beginn ing as inter im. she Town ofLoxahatchee Groves June 7. 2022 Town Council Regular Meeting Page No.llJ mentioned that issue no longer exists, if the parties agree to make the PTO payment within 15 days of her term of Interim Town Manager ending or by September 30 th • There was discussion between Town Council, Ms. Donlon, Esq., and Ms. Ramaglia. Motion was made by Councilmember Maniglia, seconded by Councilmember Herzog to approve Resolution No. 2022-27 with the changes in section CS that were provided to Council. Voting is as follows Ayes: Councilmember Maniglia, Miles, Herzog Nays: Mayor Shorr and Vice Mayor Danowski. Motion passed (3-2). 7. Discussion of Easement (Multi-Use Trail/Roadway Drainage & Utility) Protocols. Mayor Shorr noted he requested this item to come before Council. Town Attorney Lenihan mentioned on June I st, 2021, Town Council had a discussion on easements and proposed protocols for obtaining easements. She noted Council approved the Drainage Easement and Multi-Use Trail Easement Agreement forms. This item is before Council for discussion to determine how to move forward with received easements and a plan for the Town. There was public comment made by Cassie Suchy and Paul Coleman. Councilmember Maniglia • Easements/open gates on the Westside of the canal and sidewalk o Let us start with the all-purpose trail and those would be the property owners to approach. Councilmember Maniglia requested the Town Attorney forward her the forms to review. Councilmember Miles • Maintenance easements • ATV riding in swells • FPL Right-of-way o If residents of Loxahatchee Groves have a question or concern; please do not email or text another resident of Loxahatchee Groves; come in and see Town staff or contact Council if there is an issue. • Remove lobbyist verbiage from item #5 and she explained why. Vice Mayor Danowski • Soliciting easements Mayor Shorr • Paving Plan approved Easements should not come before Council for approval; there is no need for it. Town Attorney Lenihan advised that it is the Town's Code. Town Manager Titcomb said it Town ofLoxahatchee Groves June 7, 2022 Town Council Regular l'v!eeting Page No.I I would have to be modified. Town Attorney Lenihan said she can reference the citation when she sends out the easement forms and explained why. Councilmember Maniglia mentioned her request for Stephanie Mitrione with FPL to attend the meeting. Town Manager Titcomb responded she was unable to attend and noted the email sent with brief updates. Councilmember Maniglia requested Mr. Titcomb reach out again to have Ms. Mitrione attend the next meeting to provide an update. There was discussion between Town Council, Larry Peters, Public Works Director, Town Attorney Lenihan, Town Manager Titcomb, and Assistant Public Works Director regarding opening gates, and maintenance easements; have staff identify properties and the owners to come in and ask questions on the road and pavement plans. There was consensus to set up a meeting to have the public come in to ask questions about road and pavement plans, Motion was made by Councilmember Maniglia, seconded by Councilmember Herzog to extend the meeting, Voting is as follows Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmembers Maniglia, Miles, and Herzog, Motion passed unanimously. 8. Discussion of Recreational Vehicles Application Pursuant to Ordinance No. 2020-07. Attorney Lenihan noted in the packet before Council is the ordinance adopted in 2020 and the resulting policy and application documentation. Yesterday at the Agenda Review meeting a question came up about the storage verse use of RV; in the Ag reg zoning district, there is a provision and mentioned the provision. There was public comment by Cassie Suchy. Councilmember Maniglia asked Town Attorney Lenihan if she spoke to anyone regarding this. Town Attorney Lenihan stated she had not spoken with anyone from the Palm Beach County Ethics Commission; she spoke with another attorney at the firm; and they looked at the situation and the Town. Councilmember Maniglia • RVs on properties/monitoring Town Attorney Lenihan explained what is allowed and noted the sections. There was discussion between Town Council, the Town Attorney, Jim Fleischmann, Planner Town Manager Titcomb on affidavits. Town ofLoxahatchee Groves June 7, 2022 Town Council Regular Meeting Page No.12 Assistant Town Manager Ramaglia advised we will clarify the site plan and identify the hookups; noted the affidavit has a section for perjury. Councilmember Maniglia said that Palm Beach County needs to be notified in order to collect their 13% tax. Vice Mayor Danowski • Inquired on the incentives for complying with this. Mayor Shorr commented you get Code Enforcement that is the incentive. Town Attorney Lenihan noted that there is a $50 permit fee. There was discussion between Town Council and staff on deposits and adding clarifying language between personal RVs, removing the verbiage free access, and add by appointment. 9. Discussion of Town Manager Recruitment Candidate Selection for Interview. Attorney Lenihan mentioned that there were two applicants who claimed Veteran preference; one has not submitted the form; she noted they have 5 days to do so. Councilmember Herzog inquired about Lynn Latimore's application submitted two minutes after the dead Iine. There was a Council consensus to accept Lynne Ladner's application. Motion was made by Vice Mayor Danowski, seconded by Councilmember Maniglia to extend the time. Voting is as follows Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmembers Maniglia, Miles, and Herzog. Motion passed unanimously. Councilmember Herzog • Francine Ramaglia: she could not find anyone as qualified as her. Councilmember Miles • Mark Kutney • Francine Ramaglia. Vice Mayor Danowski • Timothy Day • Patrick Jordan Councilmember Maniglia • Francine Ramaglia • Lynne Ladner Town of Loxahatchee Groves June 7, 202 2 Town Council Regular Meeting Page No.13 Mayor Shorr • Francine Ramaglia • Mark Kutney Town Attorney Lenihan noted the next steps in the process and advised that interviews are scheduled for June 21 st at 6 p.m. Town Council Regular meeting. She mentioned that Larry Tibbs and Chandler Williamson have claimed veterans' preference, and there will be up to four questions. TOWN STAFF COMMENTS Town Manager • Property Appraiser preliminary evaluation o County average for all cities 13.67% increase. o Loxahatchee Groves is 11.4 7% nd • 2 Workshop- Okeechobee Boulevard Overlay June I I th from IO a.m. to 12 p.m. Councilmember Miles requested a copy of the sign-in sheet for the meeting. Mr. Titcomb commented how hard the staff work in this town and said that they are great people. Town Attorney Thanked Mr. Titcomb for his warm welcome, conversations, and collaborations. • Planning and Zoning Board appointments • Litigation updates Assistant Town Manager It has been a pleasure working with Mr. Titcomb and thanked Council for their support. She looks forward to the interview. • Easement Project • ARPA Funds • Happy about RV program Public Works Director Thanked Mr. Titcomb for his guidance and encouragement. Town Clerk TOWN COUNCILMEMBER COMMENTS Marge Herzog (Seat 5) Wished Mr. Titcomb luck and success in his future endeavors Thanked Mr. Peters for the work being done on A Road. • Flooding Phillis Maniglia (Seat I) • Protocols for calling Costa! Town ofLoxahatchee Groves June 7, 2022 Town Council Regular lvfeeting Page No.14 Assistant Town Manager Ramaglia mentioned that she has spoken with Coastal, and it has not been updated yet. She mentioned Mr. Grande would like to meet with Council. • Hurricane Clean up • Green products for paving • 43'd Closure • Okeechobee Overlay She thanks the job Mr. Titcomb took on is something not everyone could do; he took it on with grace and poise. She commented we were open to forms of corruption because we are a new Town; and she appreciates his years ofleadership to transition us and keep us moving forward. Laura Danowski (Seat 2) Thanked Mr. Peters and Mr. Matos for a good job on the storm management, canals, and water. She thanked Mr. Titcomb for making government fun, relevant, applicable, and understandable; for guiding us through an ugly period of neglect and mismanagement that was handed to you. Mr. Titcomb commented it was a team effort. Marianne Miles (3) • Water and-Canals • Coastal Vegetation • Right-Hand Tum coming out of Publix • Stop Signs on South Band San Diego Mr. Titcomb commented we would have to do some more tire digging on this. She appreciates Mr. Titcomb for his grace with the Council and the residents. It has been a pleasure sitting in the hot seat with him. Motion was made by Mayor Shorr, seconded by Councilmember Maniglia to extend the meeting. Voting is as follows Ayes: Mayor Shorr, Vice Mayor Danowski, Councilmembers Maniglia, Miles, and Herzog. Motion passed unanimously. Mayor Robert Shorr (Seat 4) • Hiring Freeze He inquired about the number of open positions. Ms. Ramalinga advised there is a position in Finance and two (2) in Public Works. Mayor Shorr inquired about the open position in the Town Clerk's Office. Ms. Ramaglia said that the lady hired has been advised that she is hired on a temporary basis with no commitment to a long-term job. • Culverts Town Attorney Lenihan advised it was sent over to Alexksander Boksner, Esq. to review. She mentioned that Mr. Boksner has a couple of questions, and she explained the load. • North Road Trail veto He thanked Mr. Titcomb for setting the bar for Town Manager and he appreciates everything he has done; we have got a lot of great things done. Town ofLoxahatchee Groves June 7, 2022 Town Co uncil Regular i\lfeeting Page No.15 ADJOURNMENT There being no further business the workshop was adjourned at 11 :08 p.m. TOWN OF LOXAHATCHEE GROVES, FLORIDA ATTEST: ice Mayor La ra Danowski n~u ~ Counc i 1-derMarg ~ ( '-... - ~ ==-- ~ ==---.:.__::__~ ~'!-===-- - -

Agenda

TOWN OF LOXAHATCHEE GROVES TOWN HALL COUNCIL CHAMBERS TOWN COUNCIL REGULAR MEETING Community Open Discussion Meeting 6:00-6:30 PM (Non-Agenda Items Workshop) AGENDA JUNE 7, 2022 – 6:30 - 9:30 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 5) 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 June 7, 2022 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 6:00 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 live- streamed and close-captioned for the general public via our website, instructions are posted there. CONSENT AGENDA 1. Approval of Meeting Minutes. a. February 1, 2022, Town Council Community Resident Workshop Meeting 2. Approval of Resolution No. 2022-23 authorizing the purchase and financing of grader. 3. Approval of Resolution No. 2022-24 authorizing the extending/amending of the Town’s emergency Line of Credit with Bank United not to exceed $500,000 through June 7, 2025. 4. Approval of Resolution No. 2022-25 authorizing the expenditures with CGP Agency, LLC in the Town’s best interest as follows: ratifying total purchases and payments for CGP Agency, LLC in the amount of $55,000 and establishing work authorization/task order process for additional work not to exceed $ _________ in total through September 30, 2022. DISCUSSION & ACTION 5. Approval of Resolution No. 2022-26 appointing Francine Ramaglia as Acting Town Manager until Town Manager has been appointed by Town Council. 6. Discussion of Easement (Multi-Use Trail/Roadway Drainage & Utility) Protocols. 7. Discussion of Recreational Vehicles Application Pursuant to Ordinance No. 2020-07. 8. Discussion of Town Manager Recruitment Candidate Selection for Interview. Town of Loxahatchee Groves June 7, 2022 Town Council Regular Meeting Page No.3 TOWN STAFF COMMENTS Town Manager Town Attorney Assistant Town Manager Public Works Director Town Clerk TOWN COUNCILMEMBER COMMENTS Marge Herzog (Seat 5) Phillis Maniglia (Seat 1) Marianne Miles (Seat 3) Laura Danowski (Seat 2) Mayor Robert Shorr (Seat 4) 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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