Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, October 28, 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 October 28, 2014 1. CALL TO ORDER Mayor Margolis called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Girl Scout Troop #20178 led the Pledge of Allegiance. 3. INVOCATION Russ Hopkinson Host Team Pastor, LifeChurc.tv., delivered the Invocation. 4. APPROVAL OF AGENDA Mr. Schofield presented the agenda recommending approval with the following changes: (1) Withdraw Consent Agenda Item 6E: Authorization to Renew Existing Agreement for Lobbying Services. This item will be brought back at the November 11, 2014 Council Meeting. (2) Add to the Agenda as Item 8C: Discussion and Direction on the Resolution to Support Staying in Treasure Coast Regional Planning Council. (3) Minor Corrections to the September 9, 2014 Minutes on the Consent Agenda. A motion was made by Vice Mayor Coates, seconded by Councilman Willhite, and unanimously passed (5-0) approving the Agenda as amended. 5. PRESENTATIONS AND PROCLAMATIONS A. 14-859 PRESENTATION BY NOAH NORWITCH OF DONATION TO VILLAGE OF WELLINGTON PARKS AND RECREATION DEPARTMENT Noah Norwitch addressed the Council explaining how he has donated his birthday gifts to different charities in past years. This year he was donating $3,334 to the Village to be used for those children who could not afford to participate in sports. Council was moved by the donation made by Noah. They each expressed their personal sentiments of how proud and thankful they were to him. Councilman Willhite requested that a video be given to Noah's father who could not attend the Council meeting, and that the money should be earmarked for those children who could not afford to participate in the Village's sports programs. PUBLIC COMMENTS There were no public comments at this time. Village of Wellington Page 1 Village Council Action Summary - Final October 28, 2014 6. CONSENT AGENDA Mr. Schofield presented the Consent Agenda recommending approval as amended. There were no public comments on the Consent Agenda. A motion was made by Councilman Coates, seconded by Vice Mayor Greene, and unanimously passed (5-0) approving the Consent Agenda as presented. A. 14-845 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF SEPTEMBER 9, 2014 This item was approved on Consent as amended. B. 13-0387 RESOLUTION NO. R2014-64 (INTERLOCAL SERVICE AGREEMENT BETWEEN LAKE WORTH DRAINAGE DISTRICT, ACME IMPROVEMENT DISTRICT AND THE VILLAGE OF WELLINGTON) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A SERVICE AGREEMENT BETWEEN LAKE WORTH DRAINAGE DISTRICT, ACME IMPROVEMENT DISTRICT AND THE VILLAGE OF WELLINGTON; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. C. 14-757 AUTHORIZATION TO AWARD A CONTRACT TO PROVIDE PRIMARY AND URGENT CARE SERVICES TO VILLAGE EMPLOYEES AND DEPENDENTS This item was approved on Consent. D. 14-758 RESOLUTION NO. R2014-62 (EMPLOYEE HEALTH INSURANCE) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING THE MANAGER TO (1) EXECUTE A MINIMUM PREMIUM AGREEMENT WITH CIGNA HEALTHCARE TO PROVIDE HEALTH INSURANCE TO ELIGIBLE EMPLOYEES, DEPENDENTS AND RETIREES; (2) RENEW EXISTING AGREEMENTS WITH CIGNA GROUP BENEFITS FOR LIFE, SHORT TERM AND LONG TERM DISABILITY; (3) CONTINUE WITH SELF FUNDED DENTAL INSURANCE UTILIZING DENTAL DECISIONS TO MANAGE THE PLAN; AND (4) APPROVE HRA FUNDING FOR EACH ELIGIBLE EMPLOYEE; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. E. 14-755 AUTHORIZATION TO RENEW AN EXISTING AGREEMENT FOR Village of Wellington Page 2 Village Council Action Summary - Final October 28, 2014 LOBBYING SERVICES This item was postponed to the November 11, 2014 Council Meeting. F. 14-571 AUTHORIZATION TO UTILIZE A NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE (IPA) CONTRACT AS A BASIS FOR PRICING FOR THE LEASE OF NEW BACKUP DISASTER RECOVERY INFRASTRUCTURE EQUIPMENT This item was approved on Consent. G. 14-786 AUTHORIZATION TO AWARD A CONTRACT FOR THE SUPPLY AND DELIVERY OF ANTI-SCALENT TO AMERICAN WATER CHEMICALS, INC This item was approved on Consent. H. 14-827 AUTHORIZATION TO UTILIZE FLORIDA SHERIFF’S ASSOCIATION AND U.S. GENERAL SERVICES ADMINISTRATION CONTRACTS FOR THE PURCHASE AND DELIVERY OF EQUIPMENT This item was approved on Consent. 7. PUBLIC HEARINGS A. 14-737 ORDINANCE NO. 2014-31 (REVISIONS TO CHAPTER 71, RENTAL DWELLING UNIT LICENSE) AN ORDINANCE OF WELLINGTON FLORIDA’S COUNCIL, RELATING TO LICENSING AND REGULATION OF RESIDENTIAL RENTAL UNITS; AMENDING THE CODE OF ORDINANCES OF WELLINGTON, FLORIDA CHAPTER 71 “RENTAL DWELLING UNIT LICENSES,” TO PROVIDE FOR THE MANDATORY LICENSING AND INSPECTION OF SINGLE FAMILY RESIDENTIAL UNITS HELD OUT FOR LEASE OR RENT AND PROVIDING RULES AND REGULATIONS PERTAINING TO SUCH LICENSES AND INSPECTIONS; WAIVING THE LICENSE FEE FOR OWNERS REGISTERING TWO (2) OR LESS UNITS; AMENDING SECTION 71-33 SUSPENSION OR REVOCATION OF LICENSE REQUIRING AN OWNER TO SUBMIT A MANAGEMENT PLAN AND INSTITUTING A REINSTATEMENT FEE AND PROVIDING PENALTIES FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE CHAPTER; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the Agenda item. Ms. Rodriguez read the ordinance by title. Mr. Stillings presented the staff report. Council discussed this item raising concerns that it might not solve any Village of Wellington Page 3 Village Council Action Summary - Final October 28, 2014 problems, whether initial fees should be charged, re-inspection and fees; BTRs, and whether the changes relating to the single family homes should be applied to the multifamily homes as well. Public Hearing A motion was made by Councilman Willhite, seconded by Vice Mayor Greene, and unanimously passed (5-0) to open the Public Hearing. 1. Christopher Gillette, 17069 Gulf Pine Circle. Mr. Gillette identified himself as the Chairman of the Village's Tree Board; however, he said that he was not speaking in that capacity, but on behalf of his tenants. He further advised Council that he owned 12 houses, 11 of which he rented out. Mr. Gillette spoke against the Ordinance because he believed that it did not solve any real problems with regards to bad landlords and tenants. he was concerned for his tenants who need affordable housing noting that he would have to pass this fee on to them. He also felt real changes could be made that segregated punishing the landlord and the tenant apart from each other that would accomplish the objective of keeping the houses in the neighborhoods looking great. 2. Dana Gillette, 17069 Gulf Pine Circle. Mrs. Gillette said that she agreed with the Village's goal of having a nice looking community. She said that they work hard to make that the case, and hoped everyone else would do so as well. She felt that the current codes strives to do that and is the proper avenue to achieve that. She said that there were some things that the owner could control versus the tenant. She thought that as the landlord they can only nag the tenant about problems, but the Village can actually issue a violation. There being no further public comments a motion was made by Councilman Coates, seconded by Councilman Willhite, and unanimously passed (5-0) to close the Public Hearing. An amended motion was made by Councilman Coates, seconded by Mayor Margolis and passed (4-1) with Councilwoman Gerwig dissenting, approving Ordinance No. 2014-31 on First Reading with the following changes: (1) landlords will pay only the fee for the BTRs and no license or inspection fee shall be charged; however, if a re-inspection is required; there will be a fee of $50.00; and (2) the ordinance for the multifamily rental licensing will be amended to mirror the requirements for the single family dwellings. Council requested that between first and second reading that Mr. and Mrs. Gillette meet with staff to further discuss this. They also asked that staff reach out to the other landlords regarding this ordinance. 8. REGULAR AGENDA A. 14-771 RESOLUTION NO. R2014-60 (SPECIAL USE PERMIT USPA INTERNATIONAL CUP POLO TOURNAMENT 2014) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A SPECIAL USE PERMIT FOR THE USPA INTERNATIONAL CUP POLO TOURNAMENT 2014 EVENT Village of Wellington Page 4 Village Council Action Summary - Final October 28, 2014 UTILIZING OUTDOOR AMPLIFIED MUSIC TO BE HELD AT 13444 SOUTHFIELDS ROAD; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Gerwig recused herself from this item and left the Council Chambers at this point. Mr. Stillings presented the staff report. A motion was made by Vice Mayor Greene, seconded by Councilman Coates, and unanimously passed (4-0) approving Resolution No. R2014-60 as presented. Councilman Willhite requested that staff try and work with the applicant to come up with a solution for the ingresses and egresses. B. 14-840 RESOLUTION NO. R2014-63 (SPECIAL USE PERMIT FOR THE SMOKE INN WELLINGTON CIGAR LOUNGE) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A SPECIAL USE PERMIT FOR BURN ANOTHER ONE, LLC D/B/A SMOKE INN WELLINGTON CIGAR LOUNGE OUTDOOR EVENTS UTILIZING AMPLIFIED MUSIC LOCATED AT 11924 FOREST HILL BOULEVARD, SUITE 7; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Councilwoman Gerwig said that she had spoken to someone in the Shopping Center who raised concerns about the parking. Mr. Michael Welss, applicant, explained how they have worked with the landlord to address any parking issues. He asked if they could put out the signs for their event four days prior to the event rather than the two -day requirement. Mr. Schofield indicated that staff would not support that. Council did not approve Mr. Welss' request. A motion was made by Councilman Coates, seconded by Councilman Willhite, and unanimously passed (5-0) approving Resolution No. R2014-63 as presented. C. 14-900 DISCUSSION AND DIRECTION ON THE RESOLUTION TO SUPPORT STAYING IN THE TREASURE COAST REGIONAL PLANNING COUNCIL Mr. Schofield introduced the agenda item. Councilman Willhite explained that this supported the Florida League of Cities in a position by sending a letter strongly objecting to the Palm Beach County Board of County Commissioners' actions to move Palm Beach County from the Treasurer Coast Regional Planning Council to the South Florida Regional Planning Council. Mr. Schofield said that staff recommended that Council support the League of Cities position, and indicated that he had a resolution prepared if Council wanted to take action on it. Village of Wellington Page 5 Village Council Action Summary - Final October 28, 2014 A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, and unanimously passed (5-0) approving Resolution No. R2014-66 as presented. 9. PUBLIC FORUM 1. Bart Novack, 15670 Cedar Grove Lane, Wellington. Mr. Novack addressed Council on several different issues. He advised Council that there is a corporation in BInks Preserve who has bought 15 homes which they are renting out. Second, he did not see the purchase price for the bids received for K-Park on the website. Third, he had a conversation with someone who was publishing a newspaper who said that Wellington would go bankrupt without the equestrians. Mr. Novack disagreed with that because there are 60,000 residents who support the Village. Fourth, with regard to the proposed Binks project, Mr. Novack said that he would object to the traffic studies as well as the turn over the bridge because he felt was a disaster waiting to happen. With regard to the purchase price for the K-Park bids, Mr. Schofield advised Mr. Novack that they were on the Village's website. He asked Mr. Novack to meet with him the next day to review that as well as other issues. 2. Beverly Ruddock, 12053 Sunset Point Court, Wellington. Ms. Ruddock addressed Scott's Place stating that she heard from the Operations Manager that the Village was going to replace the artificial grass with black rubber. She indicated that several parents had contacted Bruce Wagner voicing their objection to that. She asked if there was any way that could not be approved. Mayor Margolis advised Ms. Ruddock that was not on the agenda, and asked that she meet with Mr. Schofield regarding that. Mr. Schofield advised Ms. Ruddock that Ms. Callovi would schedule a meeting for her. 10. ATTORNEY'S REPORT Ms. Cohen: No Report 11. MANAGER'S REPORTS Mr. Schofield presented the following report: 1. The next Regular Council Meeting will be held on Tuesday, November 11, 2014 in Council Chambers. 2. Village offices will be open for business on that day which is Veterans Day. 3. Wellington and the Chris Reyka Memorial American Legion Post #390 will honor all current and former members of the Armed Forces at the Veterans Day ceremony on Tuesday, November 11th. The activities begin with a parade starting at 8:15 a.m. 4. Village staff will conduct a meeting with the residents of the Saddle Trail Park South neighborhood on Monday, November 3, 2014 from 6:00 p.m. to 9:00 p.m. at the Community Center to discuss the neighborhood road paving projects. This is the first of the two public meetings; it will go to committees as well. 5. Council will hold a workshop on Wednesday, November 5th to discuss horse manure and independent contractors. 6. Wellington High School's Annual Homecoming Parade will be held on Friday, November 7, 2014 starting at the Landings Middle School at 5:20 p.m. Village of Wellington Page 6 Village Council Action Summary - Final October 28, 2014 12. COUNCIL REPORTS Councilwoman Gerwig presented the following report: 1. She reminded everyone to vote on Tuesday, November 4, 2014. She noted that Early Voting was also available. 2. She reported that the Literacy event was poorly attended because it had to be moved inside because of the rain. Vice Mayor Greene presented the following report: 1. He recognized Noah Norwitch and his family for his kind actions. He noted that he had never seen a young man more polished and confident, and he was proud of his generosity and the shining example he set for everyone in the community. Vice Mayor Greene asked the reporters from the Palm Beach Post and the Town Crier to publish a good story highlighting this young man. 2. With regard to K-Park, he asked if they could start scheduling presentations after each member of Council has met with staff. He did not know if direction was needed from Council to schedule those presentations. Mayor Margolis thought the first step would be for the item to be placed on an agenda for Council to decide if they wanted to sell the property. He said if Council made the decision to sell, then he thought the next step would be to schedule the presentations. Mr. Schofield indicated that the item was scheduled for the November 11th Agenda. Vice Mayor Greene said his understanding was that a decision was not going to be made whether or not to sell the property until after they have heard the presentations. Mr. Schofield explained that the bid process would be that after Council has received all of the information they would then individually evaluate the proposals, and would then meet to decide whether to short list or to interview everyone. He said that, at that point, interviews would be scheduled. He recommended that Council use the same basic interview format as was previously done where one day is set aside for the interviews. If Council decided to interview all six proposers, he recommended that they would each be given 20 minutes to make a presentations and 20 minutes for questions and answers. Mayor Margolis questioned whether the Council first had to decide to sell the property. He questioned why they would interview anyone if Council made the decision not to sell the property. Mr. Schofield said that Council would not actually make the decision to sell the property until they reached the point of going to a contract. He explained that if Council did not want to sell the property, they would have to make that decision on November 11th. Vice Mayor Greene thought the reason the RFP had been revised so that it was not that tedious because Council had decided that people would present a conceptual plan. He said the proposers would present their conceptual plan not only to Council, but to the community, and if they did not like the plan, Council could decide to hold on to the property. He thought it was in their best interest for the community for everyone to hear the presentations, it would not be open for public discussion at that time, and Council could then short list it and then put it on for public debate and discussion. Village of Wellington Page 7 Village Council Action Summary - Final October 28, 2014 Mr. Schofield explained that a lot of that discussion had to occur on November 11th as Council had to decide if they liked any of the proposals and if they wanted to move forward in the process. He said Council would also have to decide if they wanted to short list or interview all six proposers. He said that they would then have to set up the interview process which would be conducted in the Agenda Review Room, it would be recorded and would be made available to the public. Mr. Schofield added that Council would also have to decide on November 11th if they wanted public comment periods which he believed they did; however, they should be held at a meeting other than a regularly scheduled Council meeting. 2. Vice Mayor Greene said he might not be able to participate in the workshop scheduled for November 5th as he has a conflict. 3. He referred to an email notifying them that the Mayor's term with the Florida Municipal Pension Trust was expiring on the 31st. He asked if Council needed to nominate someone. Ms. Cohen said that the email that was received indicated that the nomination was required by the Council. She noted that some draft documents were provided, but she believed they had another meeting before the deadline. A motion was made by Vice Mayor Greene, seconded by Councilman Willhite, nominating Mayor Margolis to continue serving on the Florida Municipal Pension Trust. Mayor Margolis accepted the nomination. The motion was voted on and was unanimously passed (5-0). Councilman Willhite presented the following report: 1. He requested that the photographs that are taken at Council Meetings are posted on the Village's website and that are easily accessible to the public. Mr. Schofield said that the Village has a photo archive and the pictures will be placed on the Village's website. 2. Councilman Willhite invited everyone to Wellington's Veterans Day Ceremony. He thought that it was a great thing for a community to recognize their veterans from both future and past generations. He hoped that more of the young people would attend since it is a Teacher Workshop. He requested that staff send a notice to all of the Wellington principals requesting that they offer some type of community service hours if the students attend the ceremony and get confirmation from staff that they attended the event. 3. He was happy that Wellington would be holding their Homecoming Parade which he thought provided the hometown feeling. 4. With regard to public comments on K-Park, Councilman Willhite said that he wanted to hear public comments; however, he was not looking for a debate to occur between the public and the applicants. He thought that the public could sit and listen to a presentation, but could not participate in the discussion. He indicated that the public could provide their comments when it is placed on a regular agenda. Councilwoman Gerwig noted the problem with the interviews being broadcast was because that would allow the other presenters to watch the other interviews. Vice Mayor Greene said that it would be recorded and rebroadcast later for the public. Village of Wellington Page 8 Village Council Action Summary - Final October 28, 2014 Mr. Barnes explained that assuming they go to a traditional selection process which is what they were anticipated to have, those individual presentations are closed meetings for only the staff and Selection Committee that are participating in that process and the individual presenters. Neither the other presenters nor the public would be in the room. As was previously done, the presentations will be recorded and they can be broadcast at a later time. Mr. Barnes indicated that there can be other public participation meetings, but reiterated that the actual selection process meetings are closed until such time as a decision has been made by the Selection Committee. Councilman Willhite thought that the Council should interview all six applicants and then short list them to three for a final decision especially since the Selection Committee deemed them all responsive bidders. He concurred with Mr. Schofield's recommendation that they allow the 20 minute presentation and 20 minute question and answer. 5. He noted that the Village will be holding an Employee Service Awards on December 16th which he fully supported. He said that since the 1% raise became such an issue, he requested to have a spread sheet of the employees showing the percentage of the raise that they were granted. He noted that many of the employees did not receive the 1% increase. Mr. Schofield said that he would provide the spreadsheet showing the increases the next day. 6. He asked that everyone vote on November 4th. He was also happy to see that Wellington was an early voting site. Councilman Coates presented the following report: 1. He again recognized Noah Norwitch and indicated that he wanted to do something special for him. First, he said that he wanted to do a segment on Channel 18 where Noah is recognized and that it runs for the public to see. Secondly, he felt that this was a selfless act that deserves recognition into the future and recommended a "Noah Norwitch Humanitarian Award" and that Noah would be the inaugural recipient. He wanted that award to be granted annually and restricted to children 18 years and younger recognizing them for an extraordinary action. He asked Mr. Schofield to provide some guidance as to what the award will actually be called. 2. He met with Tony Fransetta and they visited with the people at the Elderly Housing Development & Operations Corporation (EHDOC) who are involved with senior housing. He said that what was presented to him and after seeing one of their properties, he thought it merited the Village having a workshop where perhaps EHDOC and other companies that do this type of senior housing projects are given the opportunity to make a presentation to Council. 3. He referred to an email sent out several weeks ago by Vice Mayor Greene in response to a resident's concern about the Green Market, and asked if that issue had been worked out. Mr. Schofield noted that had been included in the Weekly Issues Report, but explained that staff met with the vendor and the operator of the Green Market and that issue had been resolved the next day. 4. Councilman Coates said that he spoke with one of the students at Wellington High School who voiced their concern that the Village was not supporting the Homecoming Parade because it required overtime for staff because it was being held on Friday. He said that he assumed that was incorrect information. Mr. Schofield said that was bad information. Councilman Coates said that even though it was on a Friday, it was one of those things where the Village has to support their community schools. Village of Wellington Page 9 Village Council Action Summary - Final October 28, 2014 5. He indicated that Veterans Day is a special day to him and he regretted that he would have to miss it because he will be in Trial on November 10th and 11th. He indicated that he would be in attendance at the Council Meeting on November 11th. 6. Regarding K-Park, he concurred that Council should interview all six proposers. He said that he still reserved the right as a Councilmember to make the decision to do nothing. He felt by shortlisting them, he believed they were indicating that they were prepared to do something and he didn't know that was necessarily the case. 7. Councilman Coates said that he has been a strong believer of not interfering with personnel decisions of the Village Manager. He thought it was the Village Manger's discretion to decide who on staff receives merit raises. He thought that having Council involved in that on an individual employee basis intruded in the discretion of the Village Manager. Councilman Coates said that Council does not have the level of contact with the employees as the supervisors or Manager has and he defers to their discretion when it comes to those decisions. Mayor Margolis presented the following report: 1. He said that during the 9/11 ceremony there was a first responder who was in a wheelchair. He explained that he received a phone call from his wife that he had to undergo serious surgery. He asked that all of their prayers and thoughts be with him. Mayor Margolis indicated that he had not received a follow-up phone call which concerned him. Councilman Willhite advised Mayor Margolis that the gentleman was home and was very ill, and was attending many doctors appointments. Mayor Margolis said that the family was hoping that the gentleman could attend his daughter's wedding in April. He thanked Councilman Willhite for the update. With regard to K-Park, Ms. Cohen said that even though the bids were posted and were no longer exempt from public disclosure the cone of silence was still in effect. She explained that the cone of silence says that none of the proposers or the agents can discuss anything about the proposal with the Selection Committee or any staff other than the Purchasing Department,. She said that any communications that need to occur concerning any of the proposals should go through Mr. De La Vega until a Notice of Intent to Award has been posted. 13. ADJOURNMENT There being no further business to come before Council, the meeting was adjourned. Village of Wellington Page 10