Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, May 11, 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 May 11, 2015 1. CALL TO ORDER Mayor Margolis called the meeting to order at 3:00 p.m. 2. REVIEW OF COUNCIL AGENDA Mr. Schofield presented the Agenda for the May 12th, Council Meeting for discussion and review. Regular agenda item 8A Resolution No. R2015-37 Village of Wellington Town Center Plat was moved to Presentations and Proclamations agenda as item 5B. Review of a Fine Reduction Request for 1227 Essex Drive was added as Regular agenda item 8C. A. 15-316 PROCLAMATION RECOGNIZING THE LAKE WORTH DRAINAGE DISTRICT ON ITS CENTENNIAL ANNIVERSARY Mr. Schofield introduced the Proclamation recognizing the Lake Worth Drainage District on it Centennial Anniversary item. There were no changes recommended. B. 15-348 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF APRIL 14, 2015 Mr. Schofield introduced the Approval of the Minutes of the Regular Wellington Council Meeting of April 14, 2015. There were no changes recommended. C. 15-312 RESOLUTION NO. R2015-35 (WINDSOME ESTATES PLAT) A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ACCEPTING AND APPROVING THE WINDSOME ESTATES PLAT FOR A 41.664 ACRE PARCEL LYING IN A PORTION OF SECTION 28, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA. Mr. Schofield introduced the item. This item is for the Approval of Resolution No. R2015-35 accepting and approving the Windsome Estates Plat. Mr. Barthelemy, Staff Engineer, responded to Council questions regarding lot size, property ownership, and the required process should the applicant desire to change the acreage size in the future. There were no changes recommended. D. 15-221 AUTHORIZATION FOR PROPOSED DRAINAGE IMPROVEMENTS FOR THE 12th FAIRWAY AND THE EASTWOOD & YARMOUTH/FOLKESTONE COMMUNITIES Mr. Schofield presented this item. This item is the Authorization for the Village of Wellington Page 1 Village Council Workshop Action Summary - Final May 11, 2015 proposed drainage improvements for the 12th Fairway, Eastwood Community, Yarmouth and Folkestone Community at an estimated cost of $245,500 from the Surface Water Management System Rehabilitation and Swale Maintenance FY2015 capital budgets. There were no changes recommended. E. 15-313 AUTHORIZATION FOR PROPOSED BIRKDALE LANDSCAPE PROJECT Mr. Schofield presented the item. This item is the Authorization for the proposed Birkdale Project at an estimated cost of $73,000. Mr. Schofield responded to questions regarding the approval threshold of $25,000 and noted that there is an annual evaluation and ranking of roadway projects. There were no changes recommended F. 15-229 AUTHORIZATION TO AWARD A CONTRACT FOR LANDSCAPING AT THE WATER TREATMENT FACILITY Mr. Schofield presented the item. This item is the Authorization to award a contract to Next Era Landscaping for landscaping at the Water Treatment facility in the amount of $86,336.90. Mr. Schofield explained that this contract was a sealed bid low bid item and the project was included in the current budget. There were no changes recommended. G. 15-321 AUTHORIZATION TO UTILIZE A NATIONAL JOINT POWERS ALLIANCE (NJPA) CONTRACT, AS A BASIS FOR PRICING, FOR AN UPGRADE OF THE EXISTING TELEPHONE SYSTEM AT THE LAKE WELLINGTON PROFESSIONAL CENTER (LWPC) Mr. Schofield introduced the Authorization to utilize NJPA contract #040 314-MBS, with Mitel Technologies, Inc., as a basis for pricing, to upgrade the existing phone system at the LWPC, at a cost of $38,569.20. Mr. Silliman explained that the current system was an antiquated system with ongoing failures and was not compatible with the current system at Village Hall. He said the voicemail and transfer features were a necessity for the level of service promised to the LWPC occupants. Ms. Quickel explained that included in the monthly lease charges, tenants’ pay a communication charge included in their monthly charge that varies depending on the specific service(s) and or features they request. Councilman Willhite stated that staff needed to review the long term plan for Lake Wellington Professional Centre. Ms. Quickel explained that the monthly reports were actual month to date reports and not an overall budget. She offered to meet with Councilman Willhite to review the budget. She explained that the upgrade would decrease Village of Wellington Page 2 Village Council Workshop Action Summary - Final May 11, 2015 the monthly cost by $250 with a five year maintenance lease and provide reliable system for the tenants. Vice Mayor Greene requested a current copy of their Profit and Loss statements for LWPC. Ms. Quickel stated that she would provide Council with the statements and the auditor’s report. Council consensus was to move the item to the May 26, 2015 agenda. H. 14-855 RESOLUTION NO. R2015-36 (AUTHORIZATION TO AWARD A CONTRACT FOR THE MANAGEMENT AND MAINTENANCE OF THE TENNIS FACILITY) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING THE TENNIS CENTER MANAGEMENT AND MAINTENANCE AGREEMENT BETWEEN WELLINGTON AND CHEATHAM, INC.; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the Approval of Resolution No. R2015-36 authorizing the approval to award a contract to Cheatham Inc. for the management and maintenance of the Tennis Facility. He stated that Mr. Cheatham was willing to extend his contract for one year under the existing terms and conditions. Mr. Barnes explained that the Village of Wellington would be outfitting the building which would include carpeting, wall systems and counter space. Mr. Cheatham would supply all the merchandise, equipment, machines, hooks to hang merchandise and other items that he normally provides. Mr. Cheatham will continue to handle all the vending equipment at the new facility. Mr. Schofield stated he wanted to have 6 months of data available prior to Council making their final decision whether to create a new RFP, enter into a new contract with Mr. Cheatham or have the Village of Wellington provide the services in house. I. 15-301 RESOLUTION NO. R2015-38 (FRANCHISE AGREEMENT BETWEEN WELLINGTON AND WASTE MANAGEMENT, INC. OF FLORIDA FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICES) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A FRANCHISE AGREEMENT BETWEEN WELLINGTON AND WASTE MANAGEMENT, INC. OF FLORIDA TO PROVIDE SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICES AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the Approval of Resolution No. R2015-38 authorizing an Exclusive Franchise Agreement with Waste Management Inc. of Florida (“Waste Management”) for the collection of the solid waste and recyclable materials in the amount of approximately $5,009,000 annually (i.e., approximately $3,224,000 for residential services and $1,785,000 for commercial services), excluding franchise fees. Village of Wellington Page 3 Village Council Workshop Action Summary - Final May 11, 2015 Mr. De La Vega stated that the biggest change to the contract was that the contract with the new rates would become effective on June 1st instead of October 1st resulting in a savings to the Village. Additionally Mr. De La Vega pointed out an error on page 196; total amount listed was $5,009,000 annually. The correct residential amount was $3,159,000 instead of $3,224,000 and the commercial amount was $1,850,000 which matches the table on the following page (197) of the agenda. He added that the total amount of the savings remained the same. Mr. De La Vega explained that Waste Management would handle all the hauling including bulk service and will be purchasing new grapple trucks for this purpose. He said the C & G grapple trucks will not be available until October 1, 2016, in the interim they will be using diesel grapple trucks. Council consensus was to move the item to Regular Agenda 8D. J. 15-284 ORDINANCE NO. 2015-02 (ZONING TEXT AMENDMENT OF WELLINGTON’S LAND DEVELOPMENT REGULATIONS ELIMINATING THE OUTDOOR ACTIVITY AREA REQUIREMENT FOR ADULT DAY CARES IN SECTION 6.4.4.34) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING SECTION 6.4.4.34.e.iii OF THE WELLINGTON LAND DEVELOPMENT REGULATIONS RELATED TO THE OUTDOOR ACTIVITY AREA REQUIREMENTS FOR ADULT DAY CARE FACILITIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield presented the Approval of Ordinance No. 2015-02, Zoning Text Amendment of Wellington’s Land Development Regulations (LDRs) eliminating the outdoor activity area requirement for adult day care centers (2nd reading). Mr. Schofield said that if it was the desire of Council, staff could add a minimum outdoor space requirement to the ordinance separate from any existing facility. He suggested the minimum requirement be set at 30 square feet per person with a minimum of a thousand square feet. Ms. Cohen stated that if a minimum requirement is placed in the code then they would not be able to vary from that requirement. Mr. Stillings suggested that the Council could include a release clause in the ordinance that deviation from the minimum requirements would require Council approval. Mr. Schofield summarized the recommended modifications: • The minimum would be 1000 square feet or 30 square feet per person; whichever is greater • Upon justification by the Applicant, the Council has the ability to reduce the minimum outdoor requirement Village of Wellington Page 4 Village Council Workshop Action Summary - Final May 11, 2015 K. 15-286 RESOLUTION NO. R2015-16 (HOME AWAY FROM HOME DOA) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING AN AMENDED AND RESTATED DEVELOPMENT ORDER AMENDMENT (PETITION NUMBER 2014-26 DOA 4) FOR CERTAIN PROPERTY KNOWN AS HOME AWAY FROM HOME, LOCATED IN THE SOUTHEAST CORNER OF BINKS FOREST DRIVE AND BENT CREEK ROAD ON PROFESSIONAL WAY, AS MORE SPECIFICALLY DESCRIBED HEREIN; AMENDING THE DAY CARE CENTER CONDITIONAL USE (RESOLUTION NO. R2008-117) BY INCREASING THE ALLOWED CHILDREN FROM 171 TO 299 AND AMENDING CONDITIONS OF APPROVAL; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mr. Schofield introduced the Approval of Resolution No. R2015-16, a Development Order Amendment (Petition No. 2014-26 DOA 4) to increase the Day Care Center allowed children from 171 to 299, add Lot 4 with a Proposed 5,643 square foot building and Amend Conditions of Approval. Mr. Basehart presented the item and provided background information and the history: • Conditional use was approved for the facility in 2008 • Park was approved in 2004 or 2005 • Home Away from Home purchased lots 1, 2 and 3 • Day care center has a capacity of 171 students • Lot 4 was purchased to provide for expansion with an increase in student capacity to 299 and the building structure would increase to 14,261 square feet. Mr. Basehart stated that the proposed resolution includes 11 conditions of approval but the most meaningful requirement was the condition to add a connection to Binks Forest Drive from Professional Way together with a right turn lane in order to reduce the increased traffic on Bent Creek Drive. Mr. Basehart noted that an additional condition of approval was the requirement to have one staff person in the pickup/drop off area during the two peak periods; three hours in the morning and three hours in the afternoon. There were no changes recommended. L. 15-305 RESOLUTION NO. R2015-37 (VILLAGE OF WELLNGTON TOWN CENTER PLAT) A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ACCEPTING AND APPROVING THE VILLAGE OF WELLINGTON TOWN CENTER PLAT OF A 24.56 ACRE TRACT OF LAND LYING IN PORTIONS OF SECTION 10, 11 AND 15, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA. Mr. Schofield introduced the Approval of Resolution No. R2015-37 Accepting and Approving the Village of Wellington Town Center Plat. Village of Wellington Page 5 Village Council Workshop Action Summary - Final May 11, 2015 Mr. Barnes explained that the Wellington Professional Centre and their tenants will benefit from the change of address because of the clarity of the new address. The plat will also address the naming of the roadway. The Wellington Professional Centre will be the only property address affected by the approval of the plat. The Wellington Community Center address will remain the same. There were no changes recommended. M. 15-352 DISCUSSION OF THE VILLAGE MANAGER’S EMPLOYMENT AGREEMENT Mayor Margolis stated that he requested that the subject of Mr. Schofield’s employment contract, which expires in February 2016, be placed on the agenda for discussion. He said that the Manager’s contract needed to be addressed at this time because there would be four council seats up for Election in March 2016 and it would be unfair to leave this decision up to a potentially new council. Mayor Margolis indicated he would be recommending that they: • Renegotiate Mr. Schofield’s contract; or • Extend contract for an additional year and allow the new Council to determine how they would like to proceed. Mr. Schofield explained that under his contract there were three options: • Notify him prior to September 1st, if Council did not intend to renew his contract. • Take no action by September 1st, then his contract would renew for an additional year with the current terms and conditions and his last day would be February 14, 2017. • Give notice of intent to renegotiate contract. Mayor Margolis stated that his recommendation was to renegotiate Mr. Schofield’s contract and if Council did not support that option, then he would recommend renewing Mr. Schofield’s contract for an additional year. Councilwoman Gerwig stated that Council had until September 1st to make the decision. Mr. Schofield clarified that Council would have until the last Council meeting in August 2015 to make a decision. Councilwoman Gerwig asked Mr. Schofield if he was amenable to renegotiating his contract. He responded that he was amenable. Vice Mayor Greene requested additional information in preparation for the renegotiation process: • Comparable contracts for city managers from other municipalities. • Levels of service provided by city managers from other municipalities. • City manager responsibilities. • Current market indicators for city managers. Councilman Willhite stated that there were several issues that needed to be considered before Mr. Schofield’s contract could be renewed: • Revisions to state requirements Village of Wellington Page 6 Village Council Workshop Action Summary - Final May 11, 2015 • City manager comparisons from 5 neighboring cities or equally sized municipalities • Contract terms • Residency requirements • Input from Council regarding the negotiations Councilman Willhite stated that he was hearing that there were really only two options: • Enter into negotiations; or • Take no action and let the contract expire. Mayor Margolis reiterated that if no action was taken, Mr. Schofield’s contract would automatically renew for one additional year. Ms. Cohen stated that Mr. Schofield’s contract automatically renews on an annual basis, unless Council notifies him by September 1st that they do not wish to renew. Mr. Schofield stated that his contract was currently grandfathered in and remains valid but once the contract is renegotiated the severance provision would drop from 52 weeks to 20 weeks. Vice Mayor Greene said that it seemed that Council was saying that Council needed to exercise the option of not renewing the contract that expires February 14, 2016 and instead commence the renegotiation process. Ms. Cohen stated that written notice could be provided to Mr. Schofield that Council would like to renegotiate the contract which was different than terminating the contract. Ms. Cohen stated that if notice is provided prior to September 1st that the Council desires to renegotiate the terms of the contract that would suffice. Vice Mayor Greene asked if they could include in the letter to Mr. Schofield indicating Council’s desire to renegotiate, that if all parties involved do not come to a mutually agreed upon terms then the contract would expire on February 14, 2016. Ms. Cohen said that contract provides that the Council give notice of intent to renegotiate or intent to terminate the agreement by September 1st. Councilman McGovern stated that the notice of intent to renegotiate was the only requirement needed by September 1st and if those negotiations were unsuccessful, then the contract would automatically terminate pursuant to the contract terms. Councilman McGovern said that he was not comfortable making a decision without the benefit of additional time and the comparative data that was requested by Council. Council consensus was to leave the item on the agenda for discussion and to direct staff to compile the comparative data requested. N. 15-357 COUNCIL REVIEW OF A FINE REDUCTION REQUEST FOR 1277 ESSEX DRIVE. Mr. Schofield presented this item requesting Council’s review of a fine Village of Wellington Page 7 Village Council Workshop Action Summary - Final May 11, 2015 reduction request for 1277 Essex Drive. Mr. Schofield provided the following background information: • Home was in foreclosure with a deadline date of May 14, 2015 • New buyer has agreed to correct all of the violations • Current owner offered to pay a maximum amount of $3000 • If the buyer does not purchase, the home will go into bankruptcy Mr. Schofield’s recommendation was to accept the amount that the current owner was able to pay and close the case. Mr. Koch explained that the violation fees started accruing since 2012 and to date, only minor landscaping work was done. The roof and the driveway were the major issues and they have not been corrected. There were no changes recommended. 3. WORKSHOP A. 15-353 STRAZZULLA PROPERTY Mr. Schofield stated that this property had been discussed as part of last year’s visioning session. He indicated the Strazzula property is approximately 3,000 acre and is located immediately south of the Village with about 1,500 of those acres being in the Acme Improvement District. He said that was all in unincorporated Palm Beach County and the balance was in the Lake Worth Drainage District. Mr. Schofield explained the property could provide the Village three opportunities: 1) flood relief; 2) water supply, which would involve a water harvesting project of pumping the rainfall during the rainy season into Strazzulla and releasing it during the dry season; and 3) water quality improvement, which would be long term and the most expensive. He stated each of these goals also met the objectives of the South Florida Water Management District (SFWMD), which was important because they actually owned the property. Mr. Schofield indicated the SFWMD was currently talking to the U.S. Fish and Wildlife Service about swapping the 3,000 acre property valued at roughly $2.5 million for a snail farm on the other side of the conversation area that is about 1,500 acres and valued at $1.3 million. He stated it was fairly complex and suggested the Village hire Dexter Lehtinen who is experienced in both federal and state environmental regulations. Mr. Schofield explained Strazzula is currently: a wetland mosaic, a mix of wetlands and uplands. He said they took a preliminarily look at it via the Section 24 model, where the water is pumped in and run through a series of water bodies and, in turn, flows back out into Wellington by gravity. He explained this would give the Village a significant amount of water quality improvement, as it would provide for phosphorous uptake. Mr. Schofield indicated they were at the point of deciding if this was even financially feasible. He stated it was a construction process that could be in excess of $20 million, so they wanted to do the engineering and environmental Village of Wellington Page 8 Village Council Workshop Action Summary - Final May 11, 2015 work before making any commitments. He said they were looking to hire Dexter Lehtinen to do the regulatory work, Ed Weinberg to do the biological work, and the Lucido planning firm to do some of the graphics. Mr. Schofield mentioned the SFWMD has had the swapping of land on their Board Agenda twice in the last three months. He stated staff has been to the SFWMD twice and he was going to attend another meeting on Thursday to discuss this property. Mr. Schofield indicated the stormwater treatment areas were built next to the Village and $400 billion of federal money had gone into them. He stated the SFWMD was cleaning up the areas, but the Village did not benefit from that. He said the agreement with the SFWMD and the Environmental Protection Agency was for the Village to put water into the West Palm Beach Canal at an average daily load of 50 parts per billion phosphorous or less. He explained 50 parts per billion was an average, as there are days when the Village goes well over that and days when they put in no water. He stated the Village has been able to go from over 200 parts per billion phosphorous down to 50, but it cost roughly $40 million to do that. Councilwoman Gerwig asked what the cost was to the Village. Mr. Schofield stated the Village paid a fair amount. He explained the Village received about $20 million from the SFWMD when they did Section 24, but the Village stopped pumping water into the Everglades. He stated most of the canal projects happening north of Pierson Road are designed to take water from the south part of the Village, Basin B, and run it north to the West Palm Beach canal. He said they have been able to reduce the phosphorous content going into state waters by pumping Basin B water into Basin A, where it mixes and gets some dilution. Mayor Margolis asked what prompted SFWMD to put this property on their radar. Mr. Schofield stated the Village started asking about it two years ago when staff was looking at what to do to meet the new numeric water quality standards. He indicated the environmental standard was 10 parts per billion in phosphorous if they were pumping into the Everglades noting that no place meets that. He explained the new standard is dependent, either 49 parts per billion total maximum day or 10, but they have not been told which one it is going to be. He said if they discharge into Lake Worth or into the Everglades National Park, the standard could be 10. He noted the Village had to meet 49 parts per billion at their discharge point, which is the West Palm Beach canal. Mayor Margolis asked if the Village was the only municipality to follow those instructions. Mr. Schofield indicated the Village was the only municipality under a settlement agreement to do that. Mr. Schofield indicated the Village only fails water quality testing on the days the Village physically takes water out of the West Palm Beach canal and puts it into their water. He said that water was dirtier than anything the Villages gives to them. Councilwoman Gerwig indicated the difficulty was that the state actually intervened and wanted to change the standards the federal government wanted to impose. She believed the SFWMD and the Village were in the same situation, because neither of them could meet the standards. Mr. Schofield stated the SFWMD and Department of Environmental Protection Village of Wellington Page 9 Village Council Workshop Action Summary - Final May 11, 2015 (DEP) were on the Village’s side. He said the state intervened but the DEP is responsible for implementing that federal standard. He mentioned the federal government was taking a new tactic, and because of the negotiated agreement, they were trying to redefine waters of the United States. Mr. Schofield thought if the Village had to meet a maximum daily phosphorous load of 49 or lower, there were only two ways to do it: use a marsh treatment or a chemical treatment. He said the chemical would kill everything on the bottom of the pond. He indicated he was not looking for a solution to kill every living plant and fish in Wellington’s lakes and canals. He stated they could do it with “alum” or they could do it with a plant nutrient uptake. He said Section 24 works very well and have used that as a model to do this. However, he did not know if they could get enough nutrient uptake to make it worthwhile. Mr. Schofield believed Council needed to start taking a serious look at this and understand if they decided to take this path, there will be a $20 to $25 million expenditure at some point to make the 3,000-3,500 acres function. He indicated they would have to make sure the perimeter levies are there, rebuild a pump station and do some vegetation. Mayor Margolis asked what would happen if the Village did not do this. Mr. Schofield stated they would have to deal with water quality one way or another. Councilwoman Gerwig thought the other problem was they could get water supplied in other manners, but they could not get rid of it. She stated the Everglades bordered the Village, which is why they were having difficulty and being told to stop pumping. She thought they all agreed and hoped that funding for this project would be available through outside sources. Mr. Schofield stated there would probably be some external funding. He said the Lake Worth Drainage District was certainly interested in participating, because about 1,500 acres were located there. Councilman McGovern asked what interested the federal government and SFWMD to delay the decision. Mr. Schofield did not think they were particularly interested in delaying it. He said staff started talking to them a number of months ago. He indicated he and Mr. O’Dell have had a number of meetings with Temperince Morgan at the SFWMD. He stated when they first asked about Strazzulla, they did not say anything other than they had an idea and asked what the SFWMD thought about it, since it was their property. He indicated they had been working a very long time with the Fish and Wildlife Service on this land swap. He said his problem with it is that the Fish and Wildlife Service at one point had a management contract on the Strazzulla property and the SFWMD cancelled it, because the Fish and Wildlife Service did not have any money to maintain it. He stated the property had a progressively heavy infestation of old world climbing fern, willow and melaleuca and there was not enough water flow in it. He said the current management plan states they are going to manage the hydroperiod with only the rainfall. However, the Fish and Wildlife Service already knows that does not work and has not worked for the entire Arthur R. Marshall Wildlife Refuge, which sits right next to it. Mr. O’Dell indicated the Fish and Wildlife Service has about a $2.5 million operating budget of which $143,000 was actually budgeted towards capital improvement to maintain the 143,000 acres, which was basically all the money Village of Wellington Page 10 Village Council Workshop Action Summary - Final May 11, 2015 they had for capital improvement. He said they were looking at the types of infestations that would occur by not maintaining it. He thought the white bumps were probably cypress, but he wanted Council to pay attention to the lime green areas, which are the exotics. Mr. O’Dell stated he was asking for a biologist to come in because he has been challenged when he has talked about things like this. He understood when looking across the levy or the Arthur R. Marshall Refuge, they continue to see willow, which is an exotic. He asked, if Fish and Wildlife says they will only take in 10 parts per billion water, where the Village was going to find the water to rehydrate to cut down on the exotics when rain is 15 to 20. He asked them how they were going to gain access to this, and they responded that they did not know, but would talk to Wellington. Mr. O’Dell explained these 3,300 acres of land was given to the federal government through a land swamp; however there was no management plan for it, other than using it for hog and deer hunting. Mr. Schofield stated the Village actually went to Fish and Wildlife and started talking about it, because from Wellington’s perspective it did not matter if they worked with SFWMD or the Department of Interior as long as they were willing to have a conversation. He said from those conversations, the Village was told that Fish and Wildlife is working on this deal and will talk to the Village when they are done. He indicated he received a five page letter from the Department of Interior telling the Village why it was not entitled to have a copy of the boundary survey. He did not know if this project would work, but he thought it will as the Section 24 model certainly indicates it will. However, they needed to do more work before he could recommend for this Council to enter into a project that would to take twenty years and cost $20 million. Councilman McGovern asked what the chances were that these folks would let Wellington do this project. Mr. Schofield thought the chances were pretty good. He stated they had a workshop, and Mr. O’Dell and Mr. Jim Harvey have been working far more closely with them. He indicated they have talked to the governing board members of the SFWMD and to the environmental folks around the Village. He said it is a good project, but they have to know if it will even work before they take the step or stop the deal from going through. Councilman McGovern asked if the Village would be given time to do that. Mr. Schofield believed they would. Mayor Margolis indicated staff was looking to do due diligence work. Mr. Schofield stated that was correct. He said he did not want to put something on the agenda for $40,000 or $45,000 without having a conversation with Council. He stated he would have Mr. O’Dell and Mr. Harvey make time available to update Council. Mayor Margolis asked if Mr. Schofield was looking for direction from Council. Mr. Schofield said he was not looking for direction at this time, but he just wanted them to know he would be at the SFWMD on Thursday telling them that the Village has an idea for a project that will meet every goal the SFWMD has outlined. In addition, the Village believes they have funding for the project through a variety of sources. But know no matter what the Village does, it will be better than leaving the property alone and letting it become overgrown. Vice Mayor Greene understood staff wanted to amend the budget for $45,000 to do some due diligence, and questioned whether they were repeating any Village of Wellington Page 11 Village Council Workshop Action Summary - Final May 11, 2015 work that has been done. Mr. Schofield outlined what had and had not been done: they had submitted extensive public records requests, and they did have the LIDAR data, but the ground truthing for that has to be done; however, they still had to do the basic engineering, determine what size pumps they need, the cost estimates, and a good vegetation analysis. He noted probably half the money would go to Dexter Lehtinen’s office for the regulatory work. Regarding the passage of Amendment I in Florida, Vice Mayor Greene asked if there was money available through the state. Mr. Schofield indicated staff submitted a funding project for this, but it would be at least a year. However, he thought there are significant dollars available for the actual project itself. Vice Mayor Greene asked about Mr. Harvey’s involvement and requested an update on his work. Mr. Schofield indicated he told Council in writing that he was going to keep Mr. Harvey on staff at least through the end of the year. He explained that Mr. Harvey in the past brought the Village $18.5 million in funding for Section 24. He further explained that presently Mr. Harvey is working part-time. He said his involvement on this project has been dealing with the SFWMD, with 1,000 Friends of Florida, with Autobahn and a couple of other folks. Vice Mayor Greene asked that Mr. Schofield or Mr. Harvey give him a detailed report on what he has been doing and how much he has been paid. Mr. Schofield indicated he would have that information to Vice Mayor Greene by the end of next week. Vice Mayor Greene asked if Fish and Wildlife discussed the selling price of the land. Mr. Schofield stated the amount of $2.5 million was discussed. He thought one of the environmental groups suggested paying for the land with improvements to the site and then transferring the property once the improvements reach $2.5 million. Vice Mayor Greene asked if Fish and Wildlife wanted the land or if they were an entity that was responsible for it and it was just being transferred. Councilman McGovern asked what Fish and Wildlife’s interest was in making the land swap. Mr. Schofield stated there was a property or snail farm on the west of the conservation area. He explained the SFWMD needed that property for one of the stormwater treatment areas they were building to meet the comprehensive Everglades restoration requirements. He said the Fish and Wildlife Service already managed conservation area #1 to the east, which is the Arthur R. Marshall National Wildlife Preserve. He indicated this property sits immediately next to it and they are looking at it as a potential buffer. He stated this land swap would accommodate Fish and Wildlife to getting that buffer and the SFWMD would have land for the stormwater treatment area. However, the problem is that the Fish and Wildlife Service has no money. He said they were spending about a dollar an acre maintaining Arthur R. Marshall now and it was not working. In addition, they were not going to have any money to do the land swap. Councilman McGovern asked what the Village’s interest was, as they could just let the land swap occur and make an agreement with Fish and Wildlife. Mr. Schofield indicated there was no particular reason they could not do that, except Fish and Wildlife would not engage in conversation. Mr. O’Dell explained Fish and Wildlife’s delay has been that they do not own the land and do not have any interest in the land at this point in time. However, when or if they do, it would be another 18 months to 2 years before they figured out what they wanted to do. He noted Fish and Wildlife was currently soliciting input from the public as to what they could do with the property. Village of Wellington Page 12 Village Council Workshop Action Summary - Final May 11, 2015 Vice Mayor Greene understood the Village would have to spend $45,000 before they would even know if they wanted to participate in acquiring this land and then spend $20 to $25 million, but Fish and Wildlife has said they will buy it for $2.5 million or do a land swap. Mr. Schofield indicated the SFWMD property is worth $2.5 million and they will trade it for the Fish and Wildlife property, which is worth $1.3 million. He stated the Fish and Wildlife Services has said they will figure out where to get the other $1.2 million at some point in the future, but if they cannot it would be an even swap. Councilman McGovern thought if they had to do the deal, the Village would have to work with Fish and Wildlife because the SFWMD needed the property for the stormwater treatment plant. Mr. Schofield stated the Village did not have to do the deal indicating there were several ways to acquire the property, and the easiest was probably a straight out purchase. Mr. Schofield explained this project would involve federal regulations, as the settlement of the Comprehensive Everglades Restoration Program was part of a federal lawsuit. He reiterated that staff wanted to retain Dexter Lehtinen because he had previously been involved in that work and knows the rules better than anyone. Mr. Schofield did not know if the Village could or could not do this, but he knew they had to look at it, but it is a policy decision. He indicated the drainage issue and water supply are solvable, Strazzulla or not. He stated they will have a much harder time with water quality, because there are only two ways to deal with that - filter marsh treatment or chemical application. He said the chemical application is nearly as expensive as the property, but it is far more toxic to their water system. Vice Mayor Greene did not think that was an option. Mr. Schofield mentioned that the Central Palm Beach County reservoir system could be used for the water supply component. He stated the SFWMD has a plan to take water from the Lake Okeechobee L8 Basin down to Broward County and the Village could buy into that, but for every million gallons they buy it would be $4.5 million in capital costs and about $30,000 in annual operating costs. He said for $8 or $9 million they could buy all the water supply they needed from a different source, but they could not buy the water quality clean up. Vice Mayor Greene thought this should not only be an issue for the Village nor should they be the only entity to bear the cost, and they needed partners. Mr. Schofield agreed. He indicated staff submitted a grant under Amendment I to fund this, but it would be at least 24 months before anyone even thinks about funding. Vice Mayor Greene asked if any of the multiple public agencies involved in this potential transaction had the resources to provide any information. Mr. Schofield indicated they had the vegetative and some of the topography information, but the topography was done by aerial radar and had to be ground truthed to make it accurate. He said that still has to be done along with actually looking at structure sizes and estimating costs. Vice Mayor Greene asked if they had to do a full scale analysis of 3,000 acres. Village of Wellington Page 13 Village Council Workshop Action Summary - Final May 11, 2015 Mr. Schofield stated it was not going to be a design. Vice Mayor Greene thought if they were far from the design stage at this point, they did not need to hire a designer. Mr. Schofield stated they needed to hire a designer to provide ideas on how to get the water in and what channels to use. Vice Mayor Greene questioned the hiring of an engineer. He said that he was not opposed to doing it, but suggested all of Council be present for that decision. Vice Mayor Greene said he was not unhappy with the cost but wanted to make sure they were protecting the taxpayers’ dollar, because he was seeing design costs and expenditures that he could not justify at this point. Mr. Schofield stated all they were doing was proof of concept. He said it will probably cost close to $1 million when they do the design. Ms. Cohen explained it was like Section 24 where they had multiple meetings with the SFWMD, had public input, etc., so it was a huge undertaking. Vice Mayor Greene stated they were looking at a similar environmental site and asked if they had a lot of that information or know what is doable or not doable. Mr. Schofield said they had a good idea, but they were down to how much water can they put through the system, what is the vegetation, how much nutrient uptake are they going to get, and those questions require specific expertise that the Village does not have on staff. Mayor Margolis thought they needed to engage the other two Council members for another discussion on this. He suggested they see what happens on Thursday at the SFWMD and then put this item on the agenda for Council to discuss. Mr. Schofield clarified, if they do this, Council will get an agenda item on it. He stated he just wanted to give Council some background data and was not asking them to spend any money right now. Councilman McGovern thought the three Council members present could give Mr. Schofield the ability to represent the Village at the SFWMD meeting on Thursday. Mr. Schofield said that was all he was looking for at this point. Mayor Margolis thought Mr. Schofield had that direction, Councilman McGovern stated Council could discuss the expenditures when they come back as individual line items. Mr. Schofield said he was not sure they wanted to spend the $45,000 yet at all, and he was certainly not sure they wanted to spend $20 to $25 million. Mayor Margolis suggested Mr. Harvey make the presentation to Council. Mr. Schofield thought at this point Council needed to spend time with Mr. O’Dell and Mr. Harvey to get the background information. He said the two of them would present the agenda item at the Council Meeting Vice Mayor Greene stated he sees the big picture. He said he supports moving forward and showing interest in looking at this very seriously. He thought if everything lined up the right way, it would be a smart project; however, he reiterated that others besides Wellington needed to step up. Mr. Schofield indicated, depending on the project, it could be that only the Village of Wellington benefits from it. But if the Lake Worth Drainage District wants in, they will need to pick up the cost for any benefit they are going to get. Vice Mayor Greene asked about the 1,500 acres of the 3,000. Mr. Schofield agreed that was in their district, but it did not necessarily mean they would be part of the project. Village of Wellington Page 14 Village Council Workshop Action Summary - Final May 11, 2015 Mayor Margolis said the bigger question was where the phosphorous is coming from and who should be responsible. Vice Mayor Greene believed it was more farmers than fertilizer. Mayor Margolis thought most of it was coming from the equestrians. Mr. Schofield stated at some point they would had to deal with the phosphorous problem. 4. ATTORNEY'S COMMENTS None 5. MANAGER COMMENTS None 6. OLD BUSINESS None 7. COUNCIL COMMENTS None 8. ADJOURN There being no further business, the meeting was adjourned. Village of Wellington Page 15