Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, February 25, 2014 7:00 PM Village Hall Village Council Bob Margolis, Mayor John Greene, Vice Mayor Matt Willhite, Councilman Howard K. Coates Jr., Councilman Anne Gerwig, Councilwoman Village Council Action Summary - Final February 25, 2014 1. CALL TO ORDER Mayor Margolis called the meeting to order at 7:00 p.m. Councilman Greene was not yet in attendance. 2. PLEDGE OF ALLEGIANCE Mayor Margolis led the Pledge of Allegiance. 3. INVOCATION Pastor Larry Meyer, LifeChurch.TV, Wellington, delivered the Invocation. 4. APPROVAL OF AGENDA Mr. Schofield presented the agenda recommending approval noting the following change(s): 1) add Legislative Update - Ramba Consulting Group to Presentations and Proclamations as item 5B; 2) move Regular Agenda item 8E – Authorization to Award a Contract for the Design-Build and Construction of the Wellington Community Center and Tennis Facility to item 8B. A motion was made by Vice Mayor Coates, seconded by Councilwoman Gerwig, and unanimously passed (4-0), approving the Agenda as amended. Councilman Greene was not present at time of vote. 5. PRESENTATIONS AND PROCLAMATIONS A. 14-157 PROCLAMATION DESIGNATING APRIL 5TH THROUGH APRIL 12TH, 2014 AS WELLINGTON GARDEN WEEK A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA DESIGNATING APRIL 5TH THROUGH APRIL 12TH, 2014 AS “WELLINGTON GARDEN WEEK” IN THE VILLAGE OF WELLINGTON Council presented the Proclamation to the members of the Wellington Garden Club. B. LEGISLATIVE UPDATE - RAMBA CONSULTING GROUP Mr. David Ramba and Ms. Erin Deady presented a legislative update. 6. CONSENT AGENDA Mr. Schofield presented the Consent Agenda recommending approval. A motion was made by Vice Mayor Coates, seconded by Councilwoman Gerwig, and unanimously passed (4-0) approving the Consent Agenda. Councilman Greene was not present at time of vote Village of Wellington Page 1 Village Council Action Summary - Final February 25, 2014 A. 14-156 APPROVAL OF MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF JANUARY 14, 2014 This item was approved on Consent. B. 13-0332 AUTHORIZATION TO UTILIZE A STATE OF FLORIDA CONTRACT WITH W.W. GRAINGER, INC. FOR THE PURCHASE OF FACILITIES MAINTENANCE, REPAIRS AND OPERATIONS (MRO) EQUIPMENT This item was approved on Consent. C. 14-140 AUTHORIZATION TO UTILIZE A NATIONAL JOINT POWERS ALLIANCE (NJPA) CONTRACT AS A BASIS FOR PRICING FOR THE LEASE OF VIRTUAL STORAGE EQUIPMENT This item was approved on Consent. D. 14-15 AUTHORIZATION TO AWARD A CONTRACT FOR SUPPLY AND DELIVERY OF CORRUGATED ALUMINUM PIPE This item was approved on Consent. E. 14-16 AUTHORIZATION TO AWARD A CONTRACT TO INSTALL REMOTE TELEMETRY UNITS AT PALM BEACH POINT BLVD, 120TH AVE AND GREENVIEW SHORES BLVD This item was approved on Consent. F. 14-59 AUTHORIZATION TO AWARD A CONTRACT FOR THE PURCHASE AND DELIVERY OF COMPOSTING TOILETS TO BE INSTALLED AT THE WELLINGTON ENVIRONMENTAL PRESERVE This item was approved on Consent. G. 14-97 AUTHORIZATION TO UTILIZE AN EXISTING SCHOOL DISTRICT OF PALM BEACH COUNTY CONTRACT TO AWARD TWO SEPARATE HVAC PROJECTS This item was approved on Consent. H. 14-131 RESOLUTION NO. R2014-11 (STRIBLING ROAD RIGHT-OF-WAY RESTRICTIVE COVENANT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, ACCEPTING AND APPROVING A DECLARATION OF RESTRICTIVE COVENANT BETWEEN THE VILLAGE OF WELLINGTON AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESTRICTING GROUNDWATER ACTIVITIES IN THE STRIBLING WAY ROAD RIGHT-OF-WAY ADJACENT TO OAKMONT ESTATES DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. Village of Wellington Page 2 Village Council Action Summary - Final February 25, 2014 I. 14-133 RESOLUTION NO. AC2014-01 (ACME IMPROVEMENT DISTRICT WATER CONTROL PLAN) A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ACME IMPROVEMENT DISTRICT PROPOSING THE CONSIDERATION OF AMENDMENTS TO THE WATER CONTROL PLAN FOR THE ACME IMPROVEMENT DISTGRICT; DIRECTING THAT THE PROPOSED AMENDMENTS TO THE WATER CONTROL PLAN BE SUBMITTED TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR REVIEW; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. 7. PUBLIC HEARINGS A. 13-0413 ORDINANCE NO. 2013-12 (VILLAGE HALL COMPREHENSIVE PLAN AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING THE FUTURE LAND USE MAP IN THE VILLAGE OF WELLINGTON COMPREHENSIVE PLAN CHANGING THE FUTURE LAND USE DESIGNATION OF CERTAIN PARCEL KNOWN AS VILLAGE HALL, TOTALING 5.11 ACRES, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF FOREST HILL BOULEVARD AND WELLINGTON TRACE, AS MORE SPECIFICALLY DESCRIBED HEREIN, FROM RESIDENTIAL E (5.01 DU/AC - 8.0 DU/AC) TO INSTITUTIONAL/PUBLIC FACILITIES/UTILITIES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Cohen administered the oath to those people who indicated they would be speaking on this item. Council disclosed their ex-parte communication. Mr. Stillings presented the item. A motion was made by Councilwoman Gerwig, seconded by Vice Mayor Coates, and unanimously passed (4-0) to approve Ordinance No. 2013-12 (Village Hall Comprehensive Plan Amendment) as presented. Councilman Greene was not present at time of vote. B. 13-0438 RESOLUTION NO. R2013-50 (WELLINGTON PUD MASTER PLAN AMENDMENT (TOWN CENTER AND VILLAGE HALL) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE WELLINGTON PLANNED UNIT DEVELOPMENT MASTER PLAN BY CHANGING THE USE DESIGNATION OF CERTAIN PROPERTY, APPROXIMATELY 5.11 ACRES, LOCATED AT 12300 FOREST HILL BOULEVARD (POD 6A), KNOWN AS VILLAGE HALL TO CIVIC; TO CHANGE THE USE DESIGNATION Village of Wellington Page 3 Village Council Action Summary - Final February 25, 2014 OF CERTAIN PROPERTY, APPROXIMATELY 10.64 ACRES, LOCATED AT 12100 FOREST HILL BOULEVARD (POD 74), KNOWN AS TOWN CENTER TO OPEN SPACE/RECREATION; AND TO ADD AN ACCESS POINT AT THE INTERSECTION OF WELLINGTON TRACE AND FOREST HILL BOULEVARD (IN BETWEEN PODS 6A AND 74); PROVIDING A CONFLICTS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. This item was heard in conjunction with item 7A. A motion was made by Councilwoman Gerwig, seconded by Vice Mayor Coates, and unanimously passed (4-0) to approve Resolution No. R2013-50 (Wellington PUD Master Plan Amendment, Town Center and Village Hall) as presented. Councilman Greene was not present at time of vote. C. 14-144 ORDINANCE NO. 2014-05 (AMENDMENT TO VILLAGE CODE OF ORDINANCES DESIGNATING THE VILLAGE SEAL) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL RELATING TO THE VILLAGE SEAL, AMENDING SECTION 2-1 OF THE CODE OF ORDINANCES ENTITLED VILLAGE SEAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Cohen presented the item. A motion was made by Vice Mayor Coates, seconded by Councilman Willhite, and unanimously passed (4-0) to approve Ordinance No. 2014-05 (Amendment to Village Code of Ordinances Designating the Village Seal), version two. Councilman Greene was not present at time of vote. D. 14-158 ORDINANCE NO. 2014-18 PURCHASING AND PROCUREMENT POLICY AND PROCEDURE MANUAL FOR THE VILLAGE OF WELLINGTON) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL REPEALING SECTION 2-335 OF CHAPTER 2, ARTICLE VII OF WELLINGTON’S CODE OF ORDINANCES RELATING TO BID PROTESTS; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. Ms. Cohen presented the item. Councilman Greene joined the meeting prior to the Public Hearing. A motion was made by Councilwoman Gerwig, seconded by Vice Mayor Coates, and unanimously passed (5-0) to approve Ordinance No. 2014-18 (Purchasing and Procurement Policy and Procedure Manual for the Village of Wellington) as presented on First Reading. 8. REGULAR AGENDA Village of Wellington Page 4 Village Council Action Summary - Final February 25, 2014 A. 14-108 RESOLUTION NO. R2014-12 (ADOPTION OF PURCHASING AND PROCUREMENT POLICY AND PROCEDURES MANUAL FOR THE VILLAGE OF WELLINGTON) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL REPEALING RESOLUTIONS 98-41, 99-106, 2004-60, 2005-20 AND 2009-91 RELATING TO PURCHASING, CONTRACTS AND PROPERTY MANAGEMENT POLICIES, AND ADOPTING A REVISED PURCHASING AND PROCUREMENT POLICY AND PROCEDURES MANUAL FOR THE VILLAGE OF WELLINGTON; PROVIDING A REPEALER CLAUSE; PROVIDING A CONFLICTS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Cohen presented the item. A motion was made by Vice Mayor Coates, seconded by Councilwoman Gerwig, and unanimously passed (5-0) to approve Resolution No. R2014-12 (Adoption of Purchasing and Procurement Policy and Procedures Manual for the Village of Wellington) as amended by Ms. Cohen. E. 14-163 AUTHORIZATION TO AWARD A CONTRACT FOR THE DESIGN-BUILD AND CONSTRUCTION OF THE WELLINGTON COMMUNITY CENTER AND TENNIS FACILITY Mr. Schofield introduced the agenda item. Mr. Barnes presented the item. A motion was made by Councilman Willhite, seconded by Councilman Greene, and passed (3-1), with Vice Mayor Coates dissenting, to move forward and authorize awarding a contract to the Pirtle Group for the design-build and construction of the Wellington Community Center and Tennis Facility. B. 14-119 AUTHORIZATION FOR VILLAGE STAFF TO FORMALLY POLL THE PROPERTY OWNERS IN THE SECTION OF SADDLE TRAIL SOUTH OF GREENBRIAR BOULEVARD TO DETERMINE THE LEVEL OF SUPPORT FOR A NEIGHBORHOOD PROJECT WHICH GENERALLY INCLUDES PAVING ROADS, CONSTRUCTING A BRIDLE TRAIL AND INSTALLING DRINKING WATER DISTRIBUTION PIPING WITHIN THE EXISTING ROAD RIGHTS-OF-WAY Mr. Schofield introduced the agenda item. Mr. Riebe presented the item. A motion was made by Councilman Willhite, seconded by Vice Mayor Coates, and unanimously passed (5-0) to authorize Village staff to formally poll the property owners in the section of Saddle Trail south of Greenbriar Boulevard to determine the level of support for a neighborhood project which generally includes paving roads, constructing a bridle trail and installing drinking water distribution piping within the existing road rights-of-way. C. 14-85 AMERICAN PUBLIC WORK ASSOCIATION (APWA) SELF-ASSESSMENT OF THE VILLAGE OF WELLINGTON'S Village of Wellington Page 5 Village Council Action Summary - Final February 25, 2014 PUBLIC WORKS DEPARTMENT Mr. Schofield introduced the agenda item. Mr. Fleury explained the item. A motion was made by Councilwoman Gerwig, seconded by Councilman Greene, and passed (4-1), with Councilman Willhite dissenting, to approve American Public Work Association (APWA) Self-Assessment of the Village of Wellington's Public Works Department. D. 14-87 COUNCIL DIRECTION FOR THE PARKS & RECREATION DEPARTMENT TO SEEK RE-ACCREDITATION FROM THE COMMISSION FOR ACCREDITATION OF PARKS AND RECREATION AGENCIES (CAPRA) Mr. Schofield introduced the agenda item. Mr. DeLaney explained the item. A motion was made by Councilman Greene, seconded by Vice Mayor Coates, and passed (3-1), with Councilman Willhite dissenting, approving the Parks & Recreation Department to seek Re-Accreditation from the Commission for Accreditation of Parks and Recreation Agencies (CAPRA). Councilwoman Gerwig was not in attendance for the vote. 9. PUBLIC FORUM 10. ATTORNEY'S REPORT Ms. Cohen presented the following report: 1. She reported on a property on White Pine Drive whose files title $161,090.47; Property Appraisal evaluation is $280,840 while Zillow is up to $641,907. The loan amount is $357,000 with a small outstanding judgment of $51.65. She noted there is equity on the property and asked for authorization to move forward with a foreclosure on the liens. Council consensus was given to Ms. Cohen to move forward 2. She reported there was a similar situation involving Marina Funding and Polo West. Liens were certified by Magistrate and the amounts owed are $5,249.72, $69,161.96, $22,778.37 and $13,752.88. She asked for authorization to proceed. Council consensus was given to Ms. Cohen to move forward. 11. MANAGER'S REPORTS Mr. Schofield presented the following report: 1. The next regular Wellington Council Meeting is scheduled for Tuesday, March 11, 2014, at 7:00 p.m. in the Council Chambers. He indicated Wellington’s Municipal Election would be held that same day and the polling places would be open from 7:00 am to 7:00 pm. He stated Council on occasion had changed the start time of the Council Meeting to 7:30 pm to allow the polls to close. Council consensus was given to start the meeting at 7:30 pm. 2. He stated a Town Hall Meeting to discuss congregate living facilities was scheduled for Tuesday, March 4th, at 6:30 pm at the Wellington Community Center. 3. He indicated he sent Council an Administrative Transmittal discussing the assignment of Village vehicles. He stated, under certain circumstances, it was his intention that Council people be treated as employees in cases where there is a definable public benefit. He said it was cheaper for the Village to allow Village of Wellington Page 6 Village Council Action Summary - Final February 25, 2014 Village vehicles to be used for travel, under the same circumstances they would be used for any other employee not assigned a Village car. He believed this was within his administrative authority, and he was just informing Council on what he was doing. 12. COUNCIL REPORTS Vice Mayor Coates presented the following report: 1. He asked for clarification with regard to the motion made on the WCC/Tennis Facilities. Mr. Schofield stated that his direction from Council was to negotiate a best and final price that would come back to Council for adoption and ratification, as they could not enter into a contract without doing so. Ms. Cohen confirmed it was a motion to negotiate a contract. Mr. Schofield thought Council would see it back at their next meeting. 2. He then raised questions about what the next stage would be, whether the contract would come back at the next meeting, and requested that staff be prepared to present a timeline of the project. Councilman Willhite presented the following report: 1. He suggested issuing Ms. Cohen a blanket approval on proceeding with any property that owes money to the Village or is bank owned. He said whether the violations have been corrected or not, if the fine has not been paid, he has asked for the fine to be put towards the property, so the owners do not get further improvements approved until the fine is cleared up. 2. Councilman Willhite referred to the transmittal from Mr. Schofield on hedge height. He said they have been discussing this issue for over two years. He noted that their ordinance stated six feet, but he did not care if a hedge was six or eight feet, as long as it was maintained. Mr. Schofield stated staff would bring this back if that was Council’s wish. 3. He stated Mr. Schofield had a question in his weekly report about Council’s consensus to move forward with the Charter Review Committee. He suggested each Council person appoint a member to represent them, and then the members could select their Chair. His thinking was the committee would come back to Council in a year and it would go on the ballot in two years, should they make suggestions and Council approves the Charter revisions brought forward. 4. He indicated the Legislative Action Days were coming up and suggested they utilize the agenda and Mr. Ramba to their benefit while in Tallahassee. 5. Councilman Willhite mentioned he met with a gentleman from Canada who is doing a research paper and building a memorial from a piece of steel from the World Trade Center. He said this individual sent an e-mail to everyone on Council. He indicated the gentleman would be doing different things in Wellington and putting together a documentary. 6. He announced that two prominent residents of their community just passed away: Leonard McGarity, who was involved in a tragic airplane crash and Carlos Gracida, who was involved in a polo accident. He wanted to recognize them and encouraged everyone to keep the families in their thoughts and prayers. Councilman Greene presented the following report: 1. He echoed the comments made by Councilman Willhite. He felt that the loss of Carlos Gracida was tragic for the polo community and the Gracida family. He stated he was truly one of the greats of the sport and they may never see another like him play on the fields in Wellington. He sent his thoughts and prayers to the family and entire polo community. Village of Wellington Page 7 Village Council Action Summary - Final February 25, 2014 Mayor Margolis presented the following report: 1. Mayor Margolis asked for clarification on when people have very high fines and a special Magistrate fines them. He said even if the people clear up the property, there is a fine certification that the people agree to pay it and never do. He thought that fell into the same category Council had discussed before, to move forward to try to get some funds back. Ms. Cohen stated if the people have an unpaid fine, Council could make a business decision to move forward and foreclose on that lien if it is not a homesteaded property; however, it would be done on a case-by-case basis because they need to look at the amount. Mayor Margolis asked what recourse the Village had when the Magistrate fines the people, and they agree to the fine certification and do not pay it. Ms. Cohen stated the fine certified by the Magistrate accrues over a period of time until the violation is corrected. She said that at that point, they have a fixed fine amount; however, in most instances, it may not pay to actually file a foreclosure action. 2. Mayor Margolis indicated they agreed to disagree tonight on the tennis facility. He apologized if he lost his temper, but he is very positive and passionate about Parks & Recreation and providing activities for the young and old. He commended the Rosners for their work, as he sat on the other side of the fence and understands it could be very frustrating. He looked forward to the negotiation process and bringing it back on March 11th. He said residents were opposed to Olympia Park because it was too far away, but he thought they would be presently surprised with the outcome. Note: Councilwoman Gerwig did not provide a report as she left the meeting shortly before Council Comments. 13. ADJOURNMENT NOTICE Village of Wellington Page 8