Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, February 24, 2014 3:00 PM Village Hall Village Council Workshop Bob Margolis, Mayor John Greene, Vice Mayor Matt Willhite, Councilman Howard K. Coates Jr., Councilman Anne Gerwig, Councilwoman Village Council Workshop Action Summary - Final February 24, 2014 1. CALL TO ORDER Mayor Margolis called the meeting to order at 3:00 pm. 2. REVIEW OF COUNCIL AGENDA Mr. Schofield presented the Agenda for the February 25th Council Meeting for discussion and review. Mr. Schofield asked if Council wanted Mr. Ramba to be present at the Council Meeting tomorrow. Mayor Margolis asked that Mr. Ramba attend, as he had some questions regarding the legislative agenda. 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 Mr. Schofield presented the item. There were no changes recommended. B. 14-156 APPROVAL OF MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF JANUARY 14, 2014 Mr. Schofield presented the item. Mayor Margolis noted a scrivener’s error on page 25 of 660, next to the last sentence. Jeff’s World International should be Just World International. C. 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 Mr. Schofield presented the item. Mr. Barnes provided details and answered Council’s questions. Vice Mayor Coates questioned what was budgeted for this contract in 2014, as it was $43,000 in 2013. Mr. Barnes believed approximately $40,000 was budgeted, about the same as last year. D. 14-140 AUTHORIZATION TO UTILIZE A NATIONAL JOINT POWERS ALLIANCE (NJPA) CONTRACT AS A BASIS FOR PRICING FOR THE LEASE OF VIRTUAL STORAGE EQUIPMENT Mr. Schofield presented the item. Mr. Silliman explained the negotiated contract pricing and answered Council’s questions regarding virtual storage. There were no changes recommended. E. 14-15 AUTHORIZATION TO AWARD A CONTRACT FOR SUPPLY AND DELIVERY OF CORRUGATED ALUMINUM PIPE Village of Wellington Page 1 Village Council Workshop Action Summary - Final February 24, 2014 Mr. Schofield presented the item. Vice Mayor Coates indicated he would like the Fiscal Impact sentence to include the 2013 number and the anticipated 2014 budget number, for a reference point. Mr. Schofield stated they could put the actual line item from the budget in Fiscal Impact. F. 14-16 AUTHORIZATION TO AWARD A CONTRACT TO INSTALL REMOTE TELEMETRY UNITS AT PALM BEACH POINT BLVD, 120TH AVE AND GREENVIEW SHORES BLVD Mr. Schofield presented the item. There were no changes recommended. G. 14-59 AUTHORIZATION TO AWARD A CONTRACT FOR THE PURCHASE AND DELIVERY OF COMPOSTING TOILETS TO BE INSTALLED AT THE WELLINGTON ENVIRONMENTAL PRESERVE Mr. Schofield presented the item. Mr. Barnes answered Council’s questions. There were no changes recommended. H. 14-97 AUTHORIZATION TO UTILIZE AN EXISTING SCHOOL DISTRICT OF PALM BEACH COUNTY CONTRACT TO AWARD TWO SEPARATE HVAC PROJECTS Mr. Schofield presented the item. Mr. Barnes explained the item and answered Council’s questions. There were no changes recommended. I. 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. Mr. Schofield presented the item. Mr. Riebe answered Council’s questions. There were no changes recommended. J. 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. Village of Wellington Page 2 Village Council Workshop Action Summary - Final February 24, 2014 Mr. Schofield presented the item. Councilman Willhite asked if Acme agenda items could be listed separately on the Agenda. Mr. Schofield indicated staff could do that so it is apparent when they are dealing with Acme or an Acme connection. Vice Mayor Coates indicated there was a typo in the word “district” in the Resolution. Mr. Schofield stated it would be corrected. K. 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 presented the item and stated it was the second reading. Mayor Margolis confirmed with Ms. Cohen this item was not quasi-judicial, as it was marked "yes". There were no changes recommended. L. 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 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. Mr. Schofield presented the item. Mayor Margolis indicated this item was quasi-judicial. There were no changes recommended. Village of Wellington Page 3 Village Council Workshop Action Summary - Final February 24, 2014 M. 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 presented the item. Mayor Margolis confirmed with Ms. Cohen this item was a public hearing, as it was marked “no”. Councilman Willhite asked if the copyright symbol could be put on the trees in the seal. Ms. Cohen did not know if that could be put in the artwork, but she would check. Councilwoman Gerwig stated the “E” was too narrow and narrower than the “L”, and wondered if it could be fixed. Council also noticed the “W” was bigger. Mr. Schofield stated it could all be proportionately scaled. N. 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 presented the item. Ms. Cohen explained the item. Mr. Bill Cea, with Becker & Poliakoff and former Assistant City Attorney of Winter Haven, reviewed his suggested redlined changes. He stated his practice concentrated on public procurement and construction law, and he had written a number of purchasing manuals for counties and municipalities throughout the State of Florida. Vice Mayor Coates questioned the Selection Committee process for the lobbyist and asked if Council complied by notifying the Inspector General. Ms. Cohen said they complied, but it was exempt from the competitive selection process. She indicated there had been a couple of situations where they processed exempt solicitations but basically treated them as competitive solicitations. She thought Council needed to discuss how to process the exempt solicitations in the future, so people applying did not think it was competitive when it was not. Vice Mayor Coates asked Ms. Cohen if she could present something to Council tomorrow addressing the piggyback process versus the RFP process. Councilwoman Gerwig thought they needed to consider the cost of Village of Wellington Page 4 Village Council Workshop Action Summary - Final February 24, 2014 piggybacking versus preparing an RFP. Mr. Cea explained why some agencies wanted to have piggybacking as an option. Mayor Margolis indicated the Inspector General’s office had a presentation on piggybacking on-line and asked Ms. Cohen to reference that for tomorrow as his concern was how piggyback contracts get misused. He realized RFPs were expensive, but he thought using piggybacks left out more of the competition and kept the local municipality from looking at the competition. He also asked Ms. Cohen if she could have a presentation for Council tomorrow. Ms. Cohen suggested a pilot project for six months or a year to compare the costs and pros and cons associated with piggybacking versus the RFP process. Vice Mayor Coates thought he would be more comfortable if the decision or the authorization to use a piggyback contract was outlined in the manual and included levels of approval to limit abuse. Ms. Cohen indicated they could draft some broad language that would address his concern and direct staff to make comparisons when recommending contracts. Vice Mayor Coates thought they should question the process by which they determined it would be more efficient to use a piggyback contract in any given circumstance. Ms. Cohen indicated they could add language highlighting the due diligence staff should go through before recommending a piggyback. She believed that would address his concern as well as allow the public to be confident with the process. Councilwoman Gerwig thought better wording would be “Wellington staff is directed to consider the piggyback option.” Vice Mayor Coates felt protest filing fees should be reimbursed when bid protests were successful, because the Village would be requiring a company, resident or contractor to pay a fee to inform the Village it is doing something wrong. He said he would feel better if it was a bond that would be returned if the protest was successful. Councilwoman Gerwig agreed. Vice Mayor Coates was hesitant to change the Village’s local preference policy, because it had been in place for five years without any protests or issues. He said, in the policy, they specifically addressed the subcontractor issue to incentivize outside contractors to still utilize local talent and employees to do work. In addition, they wanted to give local businesses the ability to meet any piggyback price, because of the potential abuse piggybacks could be subject to, and give them the opportunity to meet larger contracts. Ms. Cohen indicated that concept could be included in the piggyback portion of the manual. She stated the subcontractor aspect would be a policy decision. She thought some comments from staff might have led them to remove that portion from the manual. Mr. Schofield indicated there was a heated discussion in front of this Council not long ago on a commodities purchase, as they qualified for local preference because a subcontractor had an office in Wellington and the vendor itself was headquartered in Martin County. Vice Mayor Coates stated he was opposed to the suggested changes to the local preference policy, because he thought it would change the policy from what it has been the past five years. He felt they needed to come prepared tomorrow to talk about instances where the existing policy had been a problem. Ed De La Vega indicated there were sixteen instances where a contract was determined or awarded because of their local preference policy and only two instances where subcontractor utilization played a role, totaling Village of Wellington Page 5 Village Council Workshop Action Summary - Final February 24, 2014 $3.2 million in the past five years. He said as far as piggybacking was concerned, there were six instances where it played a role, totaling $129,000 in the past five years. Ms. Cohen explained Mr. Cea was saying Council could achieve the same purpose for utilizing local subcontractors by creating a separate policy without creating the potential for abuse that exists and including that provision in the local preference policy which goes to the prime contractor and not the subcontractors. Vice Mayor Coates was concerned because this was a long document they were being asked to pass in total. He said they spent an entire meeting discussing and considering local preference before they passed it, and they were now being asked to change it in the context of 100 pages. He stated he would ask tomorrow, if they were seriously talking about changing their local preference policy as a part of a rewrite and edit of the purchasing manual, that they put it off for another day so it gets separate consideration. Whether it was used a lot or not was not his point, as Council was providing the residents and local businesses the opportunity to be competitive if they chose to do so. He said they have had that benefit for five years and he would be opposed to taking it away. Ms. Cohen thought the Village would not be taking that benefit away if they created a separate provision requiring a certain amount of local subcontractors to be used, as it would achieve the same goal. Councilwoman Gerwig did not agree. She thought requiring them and giving them added bonus points were two different things. She believed there would be certain projects where local vendors would never be used. She stated she was looking at it similar to Vice Mayor Coates in that bonus points should be given, so contractors would not be precluded from doing the work. Ms. Cohen stated she could give Council some alternate language that would add that back in, and they could discuss whether they wanted to keep it the way it currently is or change it and break it out. Vice Mayor Coates stated he was for integrating it into one document. Vice Mayor Coates was not opposed to inserting a penalty provision into the contract for any primary contractor who did not utilize the local subcontractor as required, because his primary goal was to benefit local employees and businesses, and he did not want that to be circumvented. Mayor Margolis stated if the subcontractor was just being used to get the contract and not being used to do the work, that was a concern of his as well. Vice Mayor Coates asked if the tennis issue could be heard first tomorrow, because the people were there to discuss it at their last meeting and he did not want to make them wait until the end of this meeting. Mayor Margolis thought Council would agree, but they would have to vote on it tomorrow night. Ms. Cohen thought she would give Council a clean version tomorrow night with the redlined items they discussed tonight, and they could either adopt those redlines or suggest revisions. O. 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 Village of Wellington Page 6 Village Council Workshop Action Summary - Final February 24, 2014 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. Refer to item N - ORDINANCE NO. 2014-18 PURCHASING AND PROCUREMENT POLICY AND PROCEDURE MANUAL FOR THE VILLAGE OF WELLINGTON). P. 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 presented the item. Mr. Riebe explained the item and answered Council’s questions. Ms. Cohen reviewed with Council the law that governed her analysis, as she did not see any merits to the arguments raised. Vice Mayor Coates did not want to set a precedent of requiring a 2/3’s threshold approval prior to Council deciding to take any action on neighborhoods. Ms. Cohen thought historically they had done it that way, and they probably needed to create an actual policy and decide how they wanted to approach these types of endeavors. Vice Mayor Coates was not concerned about the number. He thought they would want a supermajority with these types of changes, but his concern was what point in the process would they actually require proof of the 2/3’s compliance within the community. Mr. Schofield stated he would place the cost analysis from Mr. Rosner’s proposal on the Council members’ desks. Mayor Margolis indicated he had asked Mr. Barnes for an analysis on whether this was feasible or not. Mr. Schofield stated they would place that on their desks as well. Q. 14-85 AMERICAN PUBLIC WORK ASSOCIATION (APWA) SELF-ASSESSMENT OF THE VILLAGE OF WELLINGTON'S PUBLIC WORKS DEPARTMENT Mr. Schofield presented the item. There were no changes recommended. R. 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 presented the item. There were no changes recommended. Village of Wellington Page 7 Village Council Workshop Action Summary - Final February 24, 2014 S. 14-163 AUTHORIZATION TO AWARD A CONTRACT FOR THE DESIGN-BUILD AND CONSTRUCTION OF THE WELLINGTON COMMUNITY CENTER AND TENNIS FACILITY Mr. Schofield presented the item. Mayor Margolis indicated there would be a request tomorrow to hear this item first. 3. WORKSHOP 4. ATTORNEY'S COMMENTS Ms. Cohen stated tomorrow night she would bring up the Polo West and White Pine area violations as they had been to the Special Magistrate, and she would be asking for Council’s authority to move forward with the foreclosures. 5. MANAGER COMMENTS 6. COUNCIL COMMENTS Village of Wellington Page 8