Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, April 27, 2015 3:00 PM Village Hall Village Council Workshop Bob Margolis, Mayor John Greene, Vice Mayor Matt Willhite, Councilman Anne Gerwig, Councilwoman John T. McGovern, Councilman Village Council Workshop Action Summary - Final April 27, 2015 1. CALL TO ORDER Mayor Margolis called the meeting to order at 3:00 p.m. Council Members present: Bob Margolis, Mayor; Matt Willhite, Councilman, Anne Gerwig, Councilwoman, John T. McGovern, Councilman. John Greene, Vice Mayor was not in attendance. Ms. Cohen introduced Mr. David Kim, the new Assistant Village Attorney. Mr. Kim provided a brief description of his background and expertise. Councilman Willhite recommended reviewing the Charter since it did not address having two attorneys was not noted in the Wellington Charter. He recommended that staff review the Charter and add clarifications as needed. Ms. Cohen stated that the Charter would be reviewed. 2. REVIEW OF COUNCIL AGENDA Mr. Schofield presented the Agenda for the April 28th, Council Meeting for discussion and review. Mr. Schofield suggested moving Public Forum agenda item 9A Speaker from Loggerhead Marinelife to the beginning of the agenda. Council consensus was to move the item to Presentations and Proclamations agenda item 5B. A. 15-285 PRESENTATION OF A RESOLUTION TO HOWARD K. COATES, JR. FROM THE WESTERN COMMUNITIES COUNCIL, INC. IN APPRECIATION OF HIS SERVICE Mr. Schofield presented the item and provided background information. There were no changes recommended B. 15-219 AUTHORIZATION TO RENEW THE EXISTING ANNUAL AUDITING SERVICES CONTRACT Mr. Schofield presented the item. This item is the Authorization to renew the existing annual auditing services contract with Grau and Associates in the amount of $74,500 for the audit of fiscal year 2015. There were no changes recommended C. 15-257 AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR SUPPORT AND MAINTENANCE OF THE VILLAGE’S INTERACTIVE VOICE RESPONSE (IVR) SYSTEM Mr. Schofield presented the item. Mr. Silliman stated this item was being brought forward due a promotional offer to discount the support and maintenance agreement price if the Village Village of Wellington Page 1 Village Council Workshop Action Summary - Final April 27, 2015 agrees to renew their agreement in advance of the expiration date There were no changes recommended. D. 14-1031 AUTHORIZATION TO RENEW A CONTRACT FOR THE SUPPLY AND DELIVERY OF TROPHIES, PLAQUES AND MEDALS Mr. Schofield presented the item. This item is the authorization to renew a contract with Visual Images for the supply and delivery of trophies, plaques and medals in the amount of approximately $30,000 annually. He indicated that the current vendor was providing the best price and was a local vendor. There were no changes recommended. E. 15-227 AUTHORIZATION TO AWARD A CONTRACT FOR THE BOOSTER STATION #1 DRIVEWAY/CULVERT REPLACEMENT PROJECT Mr. Schofield presented the authorization to renew the contract with Visual Images for the supply and delivery of trophies, plaques and medals in the amount of approximately $30,000 annually. He stated that the item was considered a sealed bid, low bid and the bidder was a local firm with the lowest price. In response to Councilman Willhite’s questions, Mr. Riebe explained that the project was critical especially during hurricanes because the site was used for debris disposal and to facilitate the trucks to enter and exit the area. Furthermore, the booster station is critical in providing drinking water and fire protection to the Village residents. Councilman Willhite asked if it would be beneficial to the Village to obtain the property that was adjacent to the day care center instead of expending the cost of the replacement project. Councilman Willhite asked Mr. Schofield to research the cost of the adjacent property and to provide the information to Council at the following night’s Council meeting. F. 15-302 RESOLUTION NO. R2015-32 (GRANT OF UTILITY AND ACCESS EASEMENTS TO PALM BEACH COUNTY FOR THE WELLINGTON TENNIS CENTER) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL GRANTING UTILITY AND ACCESS EASEMENTS TO PALM BEACH COUNTY FOR THE WELLINGTON TENNIS CENTER; AND PROVIDING AN EFFECTIVE DATE. G. 15-303 RESOLUTION NO. R2015-34 (GRANT OF UTILITY EASEMENT TO FLORIDA POWER AND LIGHT COMPANY FOR THE WELLINGTON TENNIS CENTER) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL GRANTING A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT COMPANY FOR THE WELLINGTON TENNIS CENTER; AND Village of Wellington Page 2 Village Council Workshop Action Summary - Final April 27, 2015 PROVIDING AN EFFECTIVE DATE. Mr. Schofield presented the approval of Resolution No. R2015-32 authorizing the Grant of Easements between the Village of Wellington and Palm Beach County and the approval of Resolution No. R2015-34 authorizing the Grant of Easement between the Village of Wellington and Florida Power and Light. Council questioned what impact the delay of the Tennis Center opening would have on the completion of the Community Center. IMr. Riebe indicated that the the builder was still committed to adhering to the completion date of the Community Center by May 27. There were no changes recommended. H. 15-309 ABANDONMENT OF A PORTION OF A LIMITED ACCESS EASEMENT ALONG GREENBRIAR BOULEVARD FOR REAR PROPERTY ACCESS FOR 14451 EQUESTRIAN WAY Mr. Schofield suggested that this item be moved to Regular Agenda. Council consensus was to move the item to Regular Agenda as item 8C. I. 15-290 RESOLUTION NO. R2015-30 (SPECIAL MAGISTRATES APPOINTMENTS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING THE APPOINTMENT OF SPECIAL MAGISTRATES TO HEAR AND DECIDE CODE ENFORCEMENT CASES PURSUANT TO SECTION 2-203 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced Resolution No. R2015-30 appointing two Special Magistrates, Rafael E. Suarez-Rivas and Kevin Michael Wagner to a two-year term beginning June 1, 2015 and ending June 1, 2017. Ms. Cohen stated that there is no formal process to check the efficiency, practice, effectiveness and ranking of each magistrate. She said that as a practical matter, she and Mr. Koch discuss and review issues related to the special magistrate on a regular basis. Ms. Cohen explained that the item does not require competitive solicitation and recapped the process that was used in the past to fill the Special Magistrate appointment. She added that the Selection Committee scored each applicant based on certain criteria and on an individual basis as requested by Council. In response to Council comments, Ms. Cohen responded to questions regarding the administration/coordination of special magistrates. Councilman McGovern asked if there had been any communications with Mr. Wagner since his ranking two years ago. Ms. Cohen stated that Mr. Wagner’s credentials were verified Mayor Margolis asked if the three Special Magistrates would be enough, and Village of Wellington Page 3 Village Council Workshop Action Summary - Final April 27, 2015 thought they may want to limit the number of Special Magistrates in the future. He then asked staff to research the number of Special Magistrates other municipalities have and provide the information to Council for further discussion. Councilman McGovern suggested postponing the item until Council received additional information. Mr. Schofield suggested keeping Mr. Suarez-Rivas and removing Mr. Doney from the rotation list and work with three Special Magistrates on a short term basis. Councilman McGovern believed that additional communication with Mr. Wagner was needed prior to his serving as a Special Magistrate for the Village. Mayor Margolis agreed with postponing the item until additional information was obtained. Councilman McGovern agreed with Ms. Cohen and added that when the item was brought back to Council, they would need to decide if Mr. Wagner was to be appointed; the number of Special Magistrates; and the rotations desired. Councilman Willhite requested that the item be moved to the Regular Agenda with an amended resolution to appoint Mr. Suarez-Rivas to a two year term. Mr. Schofield suggested that they amend Section 2 and maintain the item as is but eliminate Mr. Wagner’s name. Councilwoman Gerwig requested that the item be moved to Regular Agenda for Council discussion. Council consensus was to move the item to the Regular Agenda Item 8D. J. 15-296 ORDINANCE NO. 2015-06 (WELLINGTON MUNICIPAL ELECTION 2016) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL MOVING THE DATE FOR THE MUNICIPAL ELECTION TO BE HELD CONCURRENT WITH THE PRESIDENTIAL PREFERENCE PRIMARY; AMENDING THE CANDIDATE QUALIFYING PERIOD; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield presented the approval of Ordinance No. 2015-06 moving the dates for the qualifying period and the date for Wellington’s 2016 Municipal Election. In response to questions from the Council, Ms. Cohen stated that the deadline to submit ballot language to the Supervisor of Election was December 11th, the Charter Review Task Force will review the ballot language at their meeting in June and then they will present to the Council for consideration. She said that Council will review and make a determination if the amendments presented should be brought forward to the voters and add any additional amendments that the Council would like considered. In regards to the hiring of a special attorney to review the ballot language once it is approved by Council, she Village of Wellington Page 4 Village Council Workshop Action Summary - Final April 27, 2015 stated that she would research the attorney expertise that was needed for this purpose. K. 15-304 RESOLUTION NO. R2015-33 (RIGHT-OF-WAY ACQUISTION FOR THE SOUTHSHORE PHASE III ROAD IMPROVEMENT PROJECT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AN AGREEMENT FOR THE PURCHASE OF CERTAIN REAL PROPERTY FOR THE SOUTH SHORE PHASE III ROAD IMPROVEMENT PROJECT; AUTHORIZING THE MAYOR OR VICE MAYOR AND THE VILLAGE CLERK TO EXECUTE ALL DOCUMENTS INCIDENT TO CLOSING; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield presented the two related items on the South Shore Phase III Road Project. • Approval of an agreement with Windsome Farms Limited, Inc. to purchase right-of-way for the South Shore Phase III Road Improvement Project in the amount of $180,000, plus closing costs and attorney fees not to exceed $7,500. • Authorization to award a contract to Rosso Site Development, Inc., for the South Shore Phase III Road Improvement Project in the amount of $1,882,298.54. Mr. Riebe said that if the item was approved by Council the following night, construction would commence within the next three weeks and the project would be completed by Thanksgiving 2015. There were no changes recommended. L. 15-228 AUTHORIZATION TO AWARD A CONTRACT FOR THE SOUTH SHORE PHASE III ROAD IMPROVEMENT PROJECT Mr. Schofield presented the approval of the abandonment of a portion of the Limited Access Easement along Greenbriar Boulevard. In response to Council’s question Mr. Schofield recapped staff’s position of the abandonment: • Not to release the Limited Access Easement. • Recommendation was to deny approval of the request. Mr. Schofield stated that if Council approved the request, staff’s recommendations were: • Access to use the access area for limited purposes; to empty the manure bin on a once a week basis. • Require a paved apron be installed running across the swale on to the property in order to protect the swale. Mr. Riebe said that he agreed with Mr. Schofield and recommended denying the request, but would be comfortable with the additional conditions: • Install a pull in type of gate that would prohibit anyone from backing up from Greenbriar Boulevard into the property. • Access would be provided by pulling into the property and exiting the property would only be allowed by turning around within the property. Village of Wellington Page 5 Village Council Workshop Action Summary - Final April 27, 2015 • The gate would need to be offset in order for the rear portion of any truck that enters does not hang over into the travel lane of Greenbriar Boulevard when the gate was idle waiting for access through the gate. Mr. Schofield stated that a set of conditions and recommendation would be provided if Council was considering approving the request. Mayor Margolis asked if the item was approved was staff setting precedence. In response to Council’s question, Mr. Riebe stated that precedence was never set on items that request to vacate limited access easements. Every fact and evidence must be reviewed individually in order to make a determination and this request was the use of the driveway. Mr. Schofield explained that there were several locations in Wellington that had similar situations and as staff identifies the locations, they will take care of each situation on a case by case basis. There were no changes recommended. M. 15-297 REQUEST ON BEHALF OF LOGGERHEAD MARINELIFE CENTER TO SPEAK DURING THE PUBLIC FORUM This item was moved to Presentations and Proclamations Agenda Item 5B At this point in the meeting Mr. Schofield requested permission from Council to add an additional item to the agenda as Regular Agenda item 8C 15-317 DISCUSSION OF A CODE COMPLIANCE FINE REDUCTION FOR 1580 WYNDCLIFF DRIVE Mr. Schofield introduced the item and requested that it be added to the Regular Agenda for discussion. In response to Council questions, Mr. Koch responded that staff cost was included in the settlement amount, the violations have been corrected since 2003, the case dates back to 2002, and the property owner is claiming a hardship 3. WORKSHOP A. 15-217 COUNCIL RULES AND PROCEDURES Mr. Schofield introduced the item. Mayor Margolis requested this item be placed on a Council Workshop but it is his understanding that Vice Mayor Greene would not be available to attend Agenda Review meetings during the summer. He asked Mr. Schofield to confirm. Mayor Margolis asked Council if they wanted the item to be placed on a Regular Agenda so that all Councilmembers could be in attendance. Councilwoman Gerwig suggested that the item could be added to the upcoming Visioning Session. Village of Wellington Page 6 Village Council Workshop Action Summary - Final April 27, 2015 Mr. Schofield stated that he had not received confirmation from all the councilmembers regarding the date of the Visioning Session. He also reminded Council that he was waiting for their answers to the draft questions for the K Park Town Hall meeting. 1. Five things that you would like to see changed in Wellington within the next five years 2. What are the three most important things that you want to accomplish during your term in office 3. What would you change in Wellington today 4. How do we make a good thing better in Wellington At this point, Mayor Margolis recapped the following from the Palm Beach County Rules of Procedure. • Meeting Procedures • Presentation Format • Rules of Debate • Decorum • Motion to Reconsider • Call the Question • Relevancy • Lobbyist • General Provision • Commissioner Attendance by Telephone Council consensus was to place on a future agenda for further discussion. 4. ATTORNEY'S COMMENTS None 5. MANAGER COMMENTS None 6. COUNCIL COMMENTS Mayor Margolis asked when the lobbyist would be providing Council with a presentation. Mr. Schofield said that this was their last week of the legislative session the session may be extended. He indicated the following were current items of interest: 1. Sober Homes 2. Growth Management Fees 3. Burt Harris Act language change 7. ADJOURN Village of Wellington Page 7