Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, June 22, 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 June 22, 2015 1. CALL TO ORDER Mayor Margolis called the meeting to order at 3:00 p.m. Council Members present: Bob Margolis, Mayor, John Greene, Vice Mayor, Matt Willhite, Councilman, John T. McGovern, Councilman. Council Member not present: Anne Gerwig, Councilwoman. 2. REVIEW OF COUNCIL AGENDA Mr. Schofield presented the Agenda for the June 22nd Council Meeting for discussion and review. A. 15-467 PRESENTATION BY PALM BEACH COUNTY COMMISISONER MELISSA MCKINLAY, GLEN JERGENSEN, EXECUTIVE DIRECTOR, TOURISM DEVELOPMENT COUNCIL AND GEORGE LINLEY, EXECUTIVE DIRECTOR, PALM BEACH COUNTY SPORTS COMMISSION ILLUSTRATING THE ECONOMIC STUDY AND VALUE OF THE EQUESTRIAN INDUSTRY TO WELLINGTON AND THE COUNTY Mr. Schofield introduced the item. This item is a presentation by Palm Beach County Commissioner Melissa McKinlay, Glenn Jergensen, Palm Beach County Tourism Development Council and George Linley, Palm Beach County Sports Commission illustrating the economic study and value of equestrians to the Village and County. Mr. Schofield stated that after speaking to Commissioner McKinlay’s office the item may be removed and placed on a future agenda. Mayor Margolis said that he would like the presentation to include the impact and economic value of the equestrian industry to the Village of Wellington. There were no changes recommended B. 15-472 PRESENTATION OF THE PALM BEACH COUNTY SHERIFF’S OFFICE DISTRICT 8 WELLINGTON SEMI-ANNUAL REPORT Mr. Schofield introduced this item. This item is a presentation of the Palm Beach County Sheriff’s Office District 8 Wellington Semi-Annual Report by Captain Jay Hart. There were no changes recommended. C. 15-447 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF MAY 26, 2015 Mr. Schofield introduced the approval of the Minutes of the Regular Wellington Council Meeting of May 26, 2015. There were no changes recommended. Village of Wellington Page 1 Village Council Workshop Action Summary - Final June 22, 2015 D. 15-327 AUTHORIZATION TO RENEW A CONTRACT WITH SCOTTY’S SPORT SHOP FOR THE PURCHASE AND DELIVERY OF SPORTS UNIFORMS Mr. Schofield introduced this item. This item is for the authorization to renew a contract with Scotty’s Sport Shop for the purchase and delivery of sports uniforms in the amount of approximately $52,000.00 annually. He stated that the vendor is a local business and offers the overall best price. In response to a general question regarding utilization of subcontractors, Mr. De La Vega explained that there is a provision in the Village’s local preference policy that the vendor must indicate that they will be utilizing over 50% local subcontractors. The vendor will then be given the same preference as if they owned a primary place of business within the local preference geographic area. Mr. Barnes added that if the primary contractor is the local vendor then, as a general practice, staff will not check the subcontractors. Mr. Schofield said that staff would revisit the policy and present recommendations to Council for consideration. There were no changes recommended. E. 15-452 AUTHORIZATION TO UTILIZE A FLORIDA SHERIFF’S ASSOCIATION CONTRACT, AS A BASIS FOR PRICING, FOR THE PURCHASE AND DELIVERY OF TWO (2) GLOBAL ELECTRIC MOTORS (GEM) LOW SPEED VEHICLES Mr. Schofield introduced the item. This item is for the authorization to utilize Florida Sheriff’s Association (FSA) contract #14-22-0904, as a basis for pricing, for the purchase and delivery of two (2) GEM low speed electric vehicles in the amount of $27,756.00. There were no changes recommended F. 15-465 AUTHORIZATION TO EXECUTE AN AMENDMENT TO AN EXISTING CONTRACT, TO ADD LANDSCAPE MAINTENANCE SERVICES AT THE NEW TENNIS FACILITY Mr. Schofield introduced the item. This item is the authorization to execute an amendment to an existing contract (#030-13/DZ), to add landscape maintenance services at the new tennis facility, with Black Forest Enterprises, Inc. DBA Gardenscapes of the Palm Beaches, in the amount of $26,544.00. There were no changes recommended. G. 15-85 APPROVAL OF TWO (2) SPEED HUMPS ALONG PRMROSE LANE ADJACENT TO PRIMROSE PARK Mr. Schofield introduced the item. This item is for the approval of two (2) speed humps along Primrose Lane adjacent to Primrose Park. Councilman Willhite asked if this item was considered a legislative matter that required Council approval. Mr. Riebe explained that Resolution No. R2007 – 36 Village of Wellington Page 2 Village Council Workshop Action Summary - Final June 22, 2015 which was adopted by Council requires that all speed humps be approved by Council. Councilman Willhite stated that the speed hump policy needed to be revisited. Mr. Schofield said that he took note of the request. Mr. Riebe stated that this request met the established criteria for the installation of the speed humps. He said that other speed deterrent techniques had been tried in this area and this was the last resort. Mr. Riebe said that in his opinion the speed humps would work effectively in this area because they would be located adjacent to a park and the speed humps would be spaced closely together, resulting in the need for the driver to slow down. Councilman Willhite was concerned about the traffic impact to adjacent roads due to drivers avoiding the area where the humps were being installed. He asked that a volume analysis to be done at Hollyhock to see if there was an increase in traffic after installing the speed humps. Mr. Riebe said that he would make sure that a traffic counter is installed and he will report the findings to Council. There were no changes recommended. H. 15-461 MONICA KALLAS, SHARPSHOOTER MARKETING GROUP: LABELING OF GENETICALLY MODIFIED ORGANISMS (GMOs) Mr. Schofield introduced this item. This item was submitted by Monica Kallas, SharpShooter Marketing Group, to speak for 15 minutes during the Public Forum on Genetically Modified Organisms (GMOs). Ms. Cohen explained that if a resolution was requested that item would have to come back at a later date as an agenda item. Vice Mayor Greene requested that staff not spend time researching this item until Council provides further direction. There were no changes recommended. 5. MANAGER COMMENTS None 4. ATTORNEY'S COMMENTS Ms. Cohen explained that a decision from the Circuit Court of the Fifteenth Judicial Circuit Appellate Division was received regarding Blue Cypress appeal Code Violation case. She said that it was affirmed finding one (1) violation instead of five (5) violations and the information would be provided to Council. Ms. Cohen stated that she will provide a copy of the response, the order, brief history and a summary of the case. On an unrelated matter, Mr. Schofield responded to Council’s question regarding the requirement for watering Big Blue and stated that they were in Village of Wellington Page 3 Village Council Workshop Action Summary - Final June 22, 2015 compliance with requirement for hydrating Big Blue. Councilman Willhite suggested that the Village consider installing a telemetry system for the hydration of the Big Blue. 7. COUNCIL COMMENTS None 6. OLD BUSINESS 3. WORKSHOP A. 15-315 "STANDING" FOR APPEALS FROM CODE INTERPRETATIONS This item is to request Council direction to either prepare and process an amendment to the Land Development Regulations to limit standing for appeals of code interpretations to owners of the property in question, persons/entities with a contract to purchase the property in question, or persons/entities seeking development order(s) on the property in question or to make no changes to the current provisions. Mr. Basehart explained that appeals “Standing” was a provision in Article 1, Chapter 12 of the Land Development Regulations which indicates who can ask for an interpretation of the code if they disagree with staff along with the opportunity to appeal. Mr. Basehart said that the item was before Council due to a suggestion from the Planning, Zoning and Appeals Board requested that an amendment be made to the code to alter the standing provisions. He explained that staff was seeking Council’s direction as to whether they wanted to proceed with an amendment to the code provision or not. He added that currently the Code provides that any property owner or person with a contract to purchase property or person under contract to obtain permits within the Village was allowed to ask for an interpretation of any provision of the code. If they were not in agreement with any portion, they were allowed to appeal. Mr. Basehart stated that during the 6 (six) years that he has been with the Village, there were 3 (three) or 4 (four) appeals but the current appeal was the only appeal coming from someone other than the property owner of the land in question. Mr. Basehart explained that in the Equestrian Village application, the attorney’s representing the opposition of that application made challenges to staff’s interpretation to 4 (four) different provisions of the code and felt that those provisions were not being properly interpreted. After the final approval of the project, they filed a request for an official interpretation. Mr. Basehart stated that he handled the interpretation and then they filed for an appeal. There was also a challenge by the property owner through Circuit Court, challenging their eligibility to file the appeal. The Village’s position that they were eligible was sustained and the appeal moved forward; PZAB found that all 4 (four) interpretations to be proper so they sustained staff’s interpretation. Village of Wellington Page 4 Village Council Workshop Action Summary - Final June 22, 2015 Ms. Cohen interjected and said that she didn’t think that the Court ruled on the issue of “Standing” but thought that the Court ruled on the filing of a motion for an emergency temporary injunction. There was a hearing and following the hearing, they declined to enter the injunction and permitted it to proceed through the appeal process. She said that she did not believe that there was an actual finding by the Court indicating that the Jacob’s had standing to make the appeal. Ms. Cohen explained that Mr. Rosenbaum filed an action for injunction and additionally filed a motion for a temporary injunction and set a hearing on the motion for the temporary injunction. The Court ultimately found that they did not meet the threshold to prove what was needed in order to obtain the temporary injunction. The Court denied the temporary injunction and then proceeded with the appeal which was scheduled within days of the determination on the injunction. She added that in the appeal of the interpretation of staff was upheld which was benefit to the property owner and therefore their lawsuit became moot. Ms. Cohen reiterated that there was never a judicial determination on whether the Jacob’s had a standing to ask for the interpretation that they requested. Ms. Cohen explained that Councilwoman Gerwig raised the issue because she heard that the County had had changed their policy and the language in regards to “Standing” with respect to who could ask for an interpretation. Mr. Basehart added that the change was: an appeal or written request for interpretation can be filed by any property owner, person with a contract to purchase or any person permitting a piece of property in the County and adds: relative to the property in question. He said the language states that you must be the property owner or the person under contract to purchase or doing work on the property in question in order to file an appeal. Mr. Basehart stated that the PZAB members felt that allowing any property owner in Wellington to challenge any provision to the code would lead to potentially a property owner(s) using the provision to harass another property owner and suggested that staff look at changing the code. The Village’s position historically has been that any provision to the code applies to several properties and not until this case there had never been an appeal filed. Mayor Margolis asked if the request came from the majority of the Board and if they passed a resolution indicating that this item is to be brought forward to Council. Ms. Cohen said that her recollection was that they wanted to take the position that they did not have to hear the matter because there was no standing to appeal and to request the interpretation. Her reading of the Court’s order at the time was that the court basically denied the injunction and therefore needed to go forward, there was nothing preventing the Village from complying with the code at that time. She added that she recalled a few people being in favor but was not sure if the majority were in favor. Mr. Basehart said that he recalled speaking to several of the board members after the meeting was over whom felt that the code should be changed but there was not a vote. Mayor Margolis asked staff to review the meeting minutes and listen to the Village of Wellington Page 5 Village Council Workshop Action Summary - Final June 22, 2015 recording in order to find out if the majority were in favor of making the change. Mr. Basehart explained that he was seeking Council direction on how to proceed with the request. Vice Mayor Greene stated that no further action was needed. Mr. Schofield explained that the item was a council request and Council could postpone this item until Councilwoman Gerwig was in attendance. Councilman Willhite stated that the provision was only challenged once in 20 (twenty) years and there were many other pressing issues. Mayor Margolis agreed with Councilman Willhite. Councilman McGovern said that the County’s provision was not clear and not and the manner in which the Village’s current code reads was sufficient. Council consensus was not to amend the Village’s Land Development Regulations to limit standing for appeals of code interpretations. 8. ADJOURN There being no further business, the meeting was adjourned. Village of Wellington Page 6