Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, August 10, 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 August 10, 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 August 11TH Council Meeting for discussion and review. A. 15-567 DIRECTION CONCERNING ADOPTION OF CIVIL RIGHTS ACT ORDINANCE Mr. Schofield introduced the item. This presentation was to provide direction concerning the adoption of Civil Rights Act Ordinance. He explained Judge Hoch would be providing a brief presentation and indicated that the ordinance was very similar to the ordinance that Palm Beach County had adopted. In reply to Council’s question regarding the current Village policies, Ms. Cohen explained that the current internal policies include Equal Employment and Anti-Harassment and the Village was subject to the Palm Beach County ordinance which created an Equal Opportunity and Fair Housing Board. She stated that after reviewing the ordinance and the definition of “employer” she understood that under state and federal law certain categories such as sexual preference, orientation, and gender identity expressions were not considered a protected class and the county ordinance therefore does not necessarily encompassed the many types of anti-discrimination statutes that exists under state and federal law. The ordinance would provide an avenue for addressing complaints that were related to those categories that currently may not be protected under state and federal law. She added that currently the Village does not discriminate between those classes. Ms. Cohen recommended that the Village opt out of the County’s ordinance, in order to reduce liabilities. If no action was taken by Council, the Palm Beach County ordinance would be applicable in the Village and was applicable ever since the Village’s incorporation. Ms. Cohen explained that the adoption of the ordinance was a policy decision for Council to make. In reply to Council’s question whether the Human Resources Director was the last person to have communication with the employee filing a law suit if the Village does not opt out of the ordinance, Ms. Cohen explained that an internal investigation would be started and the Village could hire an outside consultant in order to take the appropriate disciplinary course. Currently EEOC dealt with those types of complaints but there was gap regarding sexual discrimination with the federal and state law. She explained the additional remedies that the County’s ordinance would have. Council questioned whether Ms. Cohen had spoken with the other municipalities who have passed this ordinance or a similar one. Ms. Cohen said that she had not contacted the other municipalities but she had spoken to the Village’s HR attorneys and they concurred with her perspective. Councilman McGovern said that the ordinance that was being presented to Council was not to opt out but to have Council pass the ordinance as a Village wide policy since the current policy was an internal Village policy that only included Village employees. Ms. Cohen replied affirmatively and explained that Village of Wellington Page 1 Village Council Workshop Action Summary - Final August 10, 2015 the Village would be able to opt out for purposes of the Village’s municipal employees but the Village does not have the authority to opt out for purposes of employers in Palm Beach County and its entirety. Councilwoman Gerwig asked for the reason that the Village would need to know about someone’s sexual preference. Ms. Cohen said that discrimination could occur between employees and the Village’s policy prohibits that type of discrimination; however, the policy does not provide an additional remedy other than following the Village’s own internal investigation and disciplinary procedures whereas the County’s policy was broader. Councilman McGovern asked if the ordinance was a Village-wide act of inclusiveness. Ms. Cohen said that was correct noting that any employer or lodging establishment would be subject to the ordinance. Vice Mayor Greene said if the Village should not take part in the ordinance, they would fall under the same jurisdiction that the County currently has in place along with the remedies. Ms. Cohen replied affirmatively and stated that she was not sure why the Human Rights Council felt that the ordinance would provide added protection and felt that Judge Hoch would provide sufficient explanation at tomorrow’s meeting. Furthermore, Ms. Cohen said that her suggestion to Council was to limit the liability if possible. Vice Mayor Greene said that the Board would have the jurisdiction if the Village does not make the change. Ms. Cohen replied affirmatively. Vice Mayor Greene said that he did not understand the reason, the benefit and levels of protection for Council to take action to pass the ordinance since the Village was already covered from a County level. Ms. Cohen said that Vice Mayor Greene’s question was a valid question to ask of Judge Hoch. She said that one of her concerns was if a discrimination complaint was received and the person goes to the EEOC or to the state or federal court, the courts were bound by legal precedent but the members of the Board do not have legal training. Even though the person would have the right to appeal their decision, the appellant rights would not be as broad as the trial rights. Councilman Willhite stated that Council needed more information on the topic before providing direction. He asked for a comparison between the ordinance being brought forward and the Village’s existing policy along with Ms. Cohen’s comments on the pro’s and con’s. Ms. Cohen said that she would provide Council with the information requested. Council consensus was to limit Judge Hoch’s presentation to ten minutes. Mayor Margolis asked for the steps that an employee would take if they felt that they were being discriminated. Mr. Schofield explained that discrimination complaints were taken very seriously and when a complaint is received in the HR department, it is reviewed immediately. The majority of the times the complaint refers to a hostile work environment and does not meet the discrimination or harassment standards. However, if additional review was needed, the Village Attorney and or outside counsel were available. In response to Mayor Margolis’ question regarding another manner that an employee could file a discrimination complaint if they felt that the HR Department was only going to protect the Village, Ms. Cohen explained in the past, employees have filed EEOC complaints but her point of view was that Village of Wellington Page 2 Village Council Workshop Action Summary - Final August 10, 2015 employees needed to speak to their supervisor and the HR Department in order to try to remedy and resolve the complaints internally before going to EEOC if they felt that they have been discriminated upon. Councilman McGovern stated that the agenda item included a statement from the Delray Beach ordinance which stated that the employee would be able to contact the Florida Commission on Human Relations. Ms. Cohen said that she was not familiar with the agency and their jurisdiction but would research and provide additional information to Council. There were no changes recommended. B. 15-559 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF JUNE 23, 2015 AND JULY 14, 2015 Mr. Schofield introduced item. This was the approval of the Minutes of the Regular Wellington Council Meetings of June 23, 2015 and July 14, 2015. There were no changes recommended. C. 15-517 RESOLUTION NO. R2015-54 (INTERLOCAL AGREEMENT FOR THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO)) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN WELLINGTON AND THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE MPO TO INCLUDE A VOTING REPRESENTATIVE FOR THE VILLAGE OF PALM SPRINGS AND PERMANENT SEATS FOR THE CITY OF GREENACRES AND THE VILLAGE OF ROYAL PALM BEACH; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced this item. This item is for the approval of an Interlocal Agreement between Wellington and the Palm Beach Metropolitan Planning Organization (MPO) for the MPO to include a voting representative for the Village of Palm Springs and permanent seats for the City of Greenacres and the Village of Royal Palm Beach. There were no changes recommended. D. 15-536 RESOLUTION NO. R2015-52 (AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO SERVE AS LOCAL ADMINISTRATOR FOR HUD’S ENVIRONMENTAL REVIEW ONLINE SYSTEM) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO ASSUME THE RESPONSIBILITIES OF LOCAL ADMINISTRATOR FOR THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ENVIRONMENTAL REVIEW ONLINE SYSTEM; AND PROVIDING AN EFFECTIVE DATE. Village of Wellington Page 3 Village Council Workshop Action Summary - Final August 10, 2015 Mr. Schofield introduced this item. This item is for the approval of Resolution No. R2015-52 authorizing the Village Manager or designee to assume the responsibilities of local administrator for HUD’s environmental review online system and stated that his intention was to designate Mr. Poag, the Community Services Director, as the Local Administrator. There were no changes recommended. E. 15-535 RESOLUTION NO. R2015-51 (AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2014-2015) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE BUDGET FOR FISCAL YEAR 2014-2015 BY REALLOCATING MONIES FROM THE GOVERNMENTAL CAPITAL FUND TO THE GENERAL FUND FOR APPROVED CDBG PROJECT EXPENSES THROUGH SEPTEMBER 30, 2015; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. This item is for approval of Resolution No. R2015-51 amending the budget for Fiscal Year 2014-2015 by reallocating monies from the Governmental Capital Fund to the General Fund to fund the mended CDBG Annual Action Plan. In response to Mayor Margolis’ question regarding the amount of people that were assisted with the project, Mr. Fackrell explained that this provided assistance to five senior citizen households along with the expansion in assisting one non-senior citizen household that met the income limits. There were no changes recommended. F. 15-139 AUTHORIZATION TO AWARD CONTRACTS FOR ANNUAL ASPHALT MILLING, RESURFACING AND SEALCOATING VILLAGE-WIDE Mr. Schofield introduced the item. This item is for the authorization to award contracts for annual asphalt milling, resurfacing and sealcoating to multiple vendors. Vice Mayor Greene asked staff to explain the $7,000,000 for this item. Mr. Barnes explained that the budgeted or the 2015-2016 capital amount was not $7,000,000 but an amount that staff based the award on in order to list the items in their entirety for each job over a three year span which would assist staff in reviewing the amounts being bid by each contractor. The approval of the item was not for the expenditure but was only for the authorization of the contract and any contract over $25,000 would be brought to Council for approval. Councilman Willhite requested that this item be moved to the Regular Agenda. Council consensus was to move the item to the Regular Agenda. Mr. Schofield identified the agenda item as 8F. G. 15-325 AUTHORIZATION TO UTILIZE AN EXISTING CITY OF MIAMI Village of Wellington Page 4 Village Council Workshop Action Summary - Final August 10, 2015 CONTRACT, AS A BASIS FOR PRICING, WITH MUNICIPAL CODE CORPORATION, INC. (MCCI) FOR LASERFICHE DOCUMENT MANAGEMENT ANNUAL LICENSING, MAINTENANCE AND SUPPORT Mr. Schofield introduced the item. This item is for the authorization to utilize City of Miami contract # IFB 391322, as basis for pricing, with MCCI for Laserfische Document Management annual licensing, maintenance and support in the amount of $48,512.36. Mr. Silliman presented this item. He explained that the amount presented was a reduced pricing from subsequent years. Mayor Margolis asked if other entities were researched in order to obtain a better quality service product than Laserfiche at a reduced rate. Mr. Silliman said that he researched the service and felt that MCCI was providing very good service through the years and by using the City of Miami contract, rates were at a reduced price. He explained that there were many other alternatives to using Laserfische, and he would continue to research other options. Furthermore, he said that everyone including residents have been provided the capability to gain access to the Village’s site which was part of the open transparency policy. The quote provided included three (3) different levels of access. There were no changes recommended. H. 15-558 AUTHORIZATION TO UTILIZE A NATIONAL JOINT POWERS ALLIANCE (NJPA) CONTRACT AS A BASIS FOR PRICING FOR THE LEASE OF VIRTUAL STORAGE EQUIPMENT Mr. Schofield introduced this item. This item is for the authorization to utilize NJPA contract 100614 with CDW-G as a basis for pricing for the lease of IT storage equipment through VAR Resource, Inc. In response to Vice Mayor Greene’s question regarding cloud versus hard storage, Mr. Silliman explained that the contract was for hard storage and the value of purchasing the equipment was for a life issue free span of storage of five to six years before there would be a need to shift to a faster and newer product. Councilman Willhite asked where the hard storage was being stored. Mr. Silliman said that the server was on site and he was reviewing other sites to place the backup server within the municipality. He explained that he included on his three year list of items to be researched the need of moving the backup storage to co-locations and was in communication with Palm Beach County who would be building a site in the near future. The monthly fee for the storage would be $800 to $1500 and would include the physical space with a rack, security, power, AC and internet service. He explained what the present backup process entailed. If the need arose, additional servers, switches, routers and licenses would be additional Capital expenses. Ms. Quickel explained that the technology expenditures were included in the budget starting last year and the priority was the replacement of the control room in Council Chambers and Rooms 1E/1F, the cable franchise that expires the following year, the telephone upgrades and the storage backup system that Village of Wellington Page 5 Village Council Workshop Action Summary - Final August 10, 2015 Mr. Silliman was discussing which was on his listed three year plan. Councilwoman Gerwig asked if other municipalities were seeking the same types of options. Mr. Silliman said that all the municipalities were using and seeking the same options. He stated that the last time he spoke to Palm Beach County he asked for at least a quarter of a rack but their reply was that space would not be available until spring or summer of 2016. He stated that he was canvassing six other locations within eighty miles of Wellington and the next option would be Orlando or Jacksonville. Mayor Margolis requested that if there were additional budget funds located for storage backup that the item be added to a future agenda for discussion. Mr. Silliman stated that he would move the item higher on his priority list. Councilwoman Gerwig stated that she wanted to meet with Mr. Silliman in order to obtain information on the backup procedure and operations. There were no changes recommended. I. 15-490 RESOLUTIONS ADOPTING THE BUDGETS AND ASSESSMENT RATES FOR THE ACME IMPROVEMENT DISTRICT, WATER AND WASTE WATER UTILITIES, WELLINGTON SOLID WASTE COLLECTION AND LAKE WELLINGTON PROFESSIONAL CENTRE I. RESOLUTION NO. AC2015-11: (POSTPONED TO AUGUST 25, 2015) A RESOLUTION OF THE BOARD of Supervisors of THE Acme Improvement District adopting the District Budget and Non-ad Valorem Assessment Roll as Provided Herein; Levying of the Non-ad Valorem Assessments for the District and Appointing an Authorized Representative of the District for Certification of the District’s Non-ad Valorem Assessment Roll; and Providing an Effective Date. II. RESOLUTION NO. AC2015-12: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ACME IMPROVEMENT DISTRICT ADOPTING THE WATER AND WASTEWATER UTILITY BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016; AND PROVIDING AN EFFECTIVE DATE. III. RESOLUTION NO. R2015-55: A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING THE SOLID WASTE COLLECTION PROGRAM BUDGET AND NON-AD VALOREM ASSESSMENT ROLL AND LEVYING THE NON-AD VALOREM ASSESSMENTS FOR SOLID WASTE COLLECTION AND DISPOSAL WITHIN THE JURISDICTIONAL BOUNDARIES OF WELLINGTON; PROVIDING FOR RATES AND APPOINTING AN AUTHORIZED REPRESENTATIVE OF WELLINGTON TO CERTIFY THE SOLID WASTE COLLECTION NON-AD VALOREM ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. Village of Wellington Page 6 Village Council Workshop Action Summary - Final August 10, 2015 IV. RESOLUTION NO. R2015-56: A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING THE LAKE WELLINGTON PROFESSIONAL CENTRE BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced this item. This item is for the approval of Resolution numbers AC2015-11, AC2015-12, R2015-55 and R2015-56 as presented adopting the FY 2015/2016 budgets, assessment rates and appointing Mayor Bob Margolis as the official authorized representative to certify the non-ad valorem assessment rolls. Ms. Quickel presented this item and explained that Resolution No. AC2015 was postponed and would be placed on the August 25, 2015 agenda in order to provide sufficient notice to everyone involved. Staff would provide a presentation for items II, III and IV at tomorrow night’s meeting which would highlight the assessments for water and wastewater without an increase from the prior year and remained the same. The Solid Waste assessment decreased by $20 per unit and also included in the presentation would be the Lake Wellington Professional Centre’s overall budget which was entirely funded by their revenues. There were no changes recommended. J. 15-534 RESOLUTION NO. R2015-50 (FY 2015/2016 CDBG ANNUAL ACTION PLAN) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AND ADOPTING THE FY 2015/2016 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PLAN; AUTHORIZING THE VILLAGE MANAGER TO FORWARD THE FY 2015/2016 ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced this item. This item is for the approval of Resolution No. 2015-50 approving and adopting the FY 2015/2016 Annual Action Plan for the Community Development Block Grant (CDBG) program. Mayor Margolis questioned how the $50,329 for Planning and Administration would be used. Ms. Quickel stated that the amount was for Mr. Fackrell and one intern’s salary. There were no changes recommended. K. 15-516 RESOLUTION NO. R2015-53 (PALM BEACH COUNTY SHERIFF’S OFFICE VILLAGE OF WELLINGTON LAW ENFORCEMENT SERVICES PLAN FOR FY16) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING THE LAW ENFORCEMENT SERVICES PLAN FOR Village of Wellington Page 7 Village Council Workshop Action Summary - Final August 10, 2015 FISCAL YEAR 2015-16; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced this item and said that Captain Hart would be providing a presentation. This item is for the approval of the Palm Beach County Sheriff’s Office Village of Wellington Law Enforcement Services Plan for FY16. There were no changes recommended. L. 15-546 RESOLUTION NO. R2015-58 (PALM BEACH COUNTY SHERIFF’S OFFICE DISTRICT 8 WELLINGTON REQUEST FOR USE OF LAW ENFORCEMENT TRUST FUNDS (LETF) FOR THE PURCHASE OF A NARCOTICS DETECTION CANINE) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE PUBLIC SAFETY SUB-FUND BUDGET FOR FISCAL YEAR 2014/2015 BY COMMITTING MONIES FROM PRIOR YEAR REVENUES TO OPERATING AND CAPITAL EXPENSE FOR THE PURCHASE OF A NARCOTICS DETECTION CANINE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced this item. This item is for the approval of a request from the Palm Beach County Sheriff’s Office District 8 Wellington to utilize Law Enforcement Trust Funds (LETF) for the purchase of a narcotics detection canine and Budget Amendment #2015-060. Mr. Schofield explained that the dog would provide search and rescue services and would remain in Wellington with the canine qualified deputy. Councilman Willhite asked if LETF or funds from seizures was available to cover the increase of the Deputy Sheriff to K9 Deputy in the amount of $12,780.00. Ms. Quickel explained that those funds were not available for the operational expenditures but explained that PBSO submits requests for the use of the LETF funds to purchase radar detection devices and other items during the prior year. The funds were available upon their request and PBSO was aware of the amount of funds available since the Village was not in control of those funds. There were no changes recommended. M. 15-269 RESOLUTION NO. R2015-29 (PALM BEACH COUNTY SHERIFF’S OFFICE DISTRICT 8 WELLINGTON FY2015 BUDGET AND CONTRACT ADDENDUM) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE THE FIRST ADDENDUM TO THE LAW ENFORCEMENT SERVICES AGREEMENT WITH THE PALM BEACH COUNTY SHERIFF’S OFFICE FOR LAW ENFORCEMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced this item. This item is for the approval of Resolution No. 2015-29 for the Palm Beach County Sheriff’s Office District 8 Wellington Village of Wellington Page 8 Village Council Workshop Action Summary - Final August 10, 2015 FY2016 budget contract and addendum. Mr. Schofield stated that the proposal included an increase of 2% which reflected an increase of approximately $164,333.98 and includes the request to retrain a deputy as a K9 deputy with the increase of $12,780.00; four (4) crossing guards. The additional cost brings the total revised annual contract to $8,393,813.00. Councilman McGovern asked how much the cost was for the additional crossing guards. Ms. Quickel stated that she would obtain the information and provide to Council. Mr. Schofield explained that FDOT mandates the amount of crossing guards for each municipality. There were no changes recommended. N. 15-544 AUTHORIZATION TO (1) EXECUTE A CHANGE ORDER WITH PIRTLE CONSTRUCTION, INC. FOR STRUCTURAL CHANGES TO THE WELLINGTON COMMUNITY CENTER (WCC); (2) AMEND THE EXISTING WCC CONTRACT LANGUAGE BY ADDING FEDERAL GRANT PROVISIONS TO THE EXISTING AGREEMENT AND EXECUTING A SEPARATE CHANGE ORDER ADDING EXTERIOR WINDOWS AND DOORS TO PIRTLE’S CONTRACT; AND (3) APPROVAL OF RESOLUTION NO. R2015-59 (BUDGET AMENDMENT) TO COVER THE COST OF BOTH CHANGE ORDERS Mr. Schofield introduced this item. This item is for authorization to (1) execute a change order with Pirtle Construction, Inc. not to exceed $480,000, for structural changes to the WCC; (2) amend the existing WCC contract by adding federal grant provision language to the existing agreement and executing a separate change order in the amount of $333,984 to add exterior windows and doors to Pirtle’s contract and (3) approval of Resolution No. R2015-59 (Budget Amendment) to cover the cost of both change orders. At this point, Councilwoman Gerwig recused herself from the meeting. Mr. Barnes presented an overview of the item: • Change order with Pirtle Construction, Inc., in the amount not to exceed $480,000 • Execute the change order as soon as possible in order not to delay the project • Grant funding sources for the recovery of cost at the end of the project • 2012 Federal Grant provision to recover up to 75% of the amount of $333,984 ($250,488 in hazard mitigation funding grant) for impact resistant windows and other elements to the structure Mr. Barnes stated that the Village was one of the last projects to be funded from the grant cycle. Staff was advised that additional monies would be available and that they should review the scope of the projects and seek as many items that were not initially included on the application for submittal for additional funding. He said that staff was hopeful that the northwest lobby that was listed to contain rated glass with a store front design would qualify for the grant funding for the cost recovery amount of 75%. He added that if the Village of Wellington Page 9 Village Council Workshop Action Summary - Final August 10, 2015 additional grant monies were obtained, staff would return to Council to amend the grant agreement. Council discussed the renderings of the Wellington Community Center provided by staff looked different and asked which the final product was. Mr. Barnes said that the rendering dated July 2015 was the final version. Upon review, the contractor listened to Council’s requests and made changes to the stucco, symbols and logos. Vice Mayor Greene said that he did not see a water feature and if the plumbing would be initiated. Mr. Barnes stated that the water feature was not covered under the hazard mitigation grant but staff would continue to seek other avenues to cover the cost. In response to Councilman McGovern’s question regarding Councilwoman Gerwig being recused, Ms. Cohen explained that Councilwoman Gerwig was recused from anything related to the Wellington Community Center project but was able to vote on the overall budget. There were no changes recommended. O. 15-565 DISCUSSION OF THE VILLAGE MANAGER’S EMPLOYMENT AGREEMENT Mr. Schofield introduced this item. This item is for Council discussion of the Agreement between Wellington and the Village Manager. (At this point, Councilwoman Gerwig returned and joined the meeting). Ms. Cohen presented the following updates to Council: • Expiration date of the Village Manager’s contract was February 14, 2016 • Written notice for renegotiation or termination of the current agreement would be provided by written notice by September 1, 2015 • If written notice was not provided by September 1, 2015, the agreement would automatically be extended for an additional one (1) year under the existing terms Vice Mayor Greene recapped the procedure needed by Council: Council moves forward towards renegotiation before the contract expires and asked if Council was not able to successfully renegotiate, the contract expires without a renewal. Ms. Cohen confirmed Vice Mayor Greene’s statement. Councilwoman Gerwig stated that if Council does not want to renew the Village Manager’s contract for an additional year, notification would be provided by letter indicating Council’s decision and the letter would be provided to Mr. Schofield. Vice Mayor Greene stated that there were items in the existing contract that he would want modified and notification must be provided before September 1, 2015. Ms. Cohen said that the letter addressed to Mr. Schofield must come from the majority of Council and a person was needed to be designated as the point of contact that would handle the negotiations. Ms. Cohen reiterated that if no action was taken by September 1, 2015, the existing contract would automatically be extended for an additional year under the existing terms. Village of Wellington Page 10 Village Council Workshop Action Summary - Final August 10, 2015 Vice Mayor Greene stated that there were changes that occurred as per the Florida Statutes that would need to be adhered to. Ms. Cohen explained that the statute limited the amount of severance pay to 20 weeks and when entering into a contract at this point in time, the severance pay cannot exceed the statutory limitation. Mayor Margolis said that if Council’s decision was to “evergreen” the contract, the item would not have to appear on an agenda. Ms. Cohen agreed and said that the item was on tomorrow night’s agenda but Council was not obligated to take action. If Council’s decision was to allow the agreement to automatically renew, a notice of intent to renegotiate or permit to expire would not be needed. Vice Mayor Greene stated that he was supporting the renegotiation or the potential negotiation of a new contract. He felt that a notice should be sent to Mr. Schofield stating that the current terms of his contract would expire as of February 14, 2016 but after September 1, 2015, Council would negotiate or renegotiate a new contract. Mayor Margolis asked if there was a timeline for the negotiation. Ms. Cohen said that there was no timeline requirement for the completion of the negotiations but the negotiation would need to be completed before the expiration date of the existing contract. The point person handling the negotiation would need to have communications with the Village Manager and agree to a timeline for the renegotiation. Mr. Schofield stated that negotiations would need to be completed by February 9, 2016 which was the last Council meeting prior to the expiration date. Councilman Willhite asked if Council does not act by or before September 1, 2015 or the next Council meeting on August 25th would the contract continue through February 14, 2017. Mr. Schofield replied affirmatively. Councilman Willhite asked Ms. Cohen if she was able to draft correspondence with Council’s decision. Ms. Cohen said that she would draft the letter. Councilwoman Gerwig stated that the letter was not needed until Council voted and took action. Ms. Cohen agreed with Councilwoman Gerwig’s statement and said that she would be willing to advise Council on the negotiations since she represents Council and the entire Village without any conflicts. Councilman McGovern stated that if Council wanted an outside attorney to assist with the negotiations that would be possible. Ms. Cohen said that she didn’t envision needing that because Mr. Schofield was representing himself and Council was capable handling the negotiations. Mayor Margolis said that in case FRS, ICMA or insurance issues arise would the Finance or HR departments be available to assist. Ms. Cohen replied affirmatively and said that the HR attorney would also be available for consultation. There were no changes recommended. 3. WORKSHOP NONE Village of Wellington Page 11 Village Council Workshop Action Summary - Final August 10, 2015 4. ATTORNEY'S COMMENTS NONE 5. MANAGER COMMENTS Mr. Schofield presented the following updates: TENNIS CENTER For budgetary reasons, a decision for the Tennis Center was drawing near and Council’s direction was needed whether to do an RFP or go in-house. He explained that the RFP would be required during the months of October or November and discussions will be held during the budget hearings. Mayor Margolis asked Mr. Barnes to provide Council with an update on the status of the Tennis Center and to include opinions on the staffing levels. Councilman Willhite asked Mr. Barnes to include the number of courts that were being used and the services provided in the program’s entirety. Mr. Barnes said that he would include the utilization, memberships and a full program review and analysis to Council. Vice Mayor Greene asked for a similar analysis that was provided to Council the prior year. Mr. Barnes said that he would provide Council with the information. BINKS FOREST GOLF COURSE Councilman Willhite asked about the letter for Binks Golf Course. Mr. Barnes explained the letter of intent was executed by both parties and staff was trying to adhere to the time frame. They were currently working on drafting a purchase and sale agreement in order to set forth the letter of intent. He reiterated that no decisions would be made without Council’s direction. Councilman Willhite asked if staff would have a potential sale price available within two (2) weeks, and if so, would they be able to discuss it during the Capital Budget workshop. Mr. Barnes explained that there was a possibility that Mr. Paul would contact each council member individually for discussion regarding the sale price. He also noted that the appraisal that was commissioned earlier was at $3.6 million and pursuant to the letter of intent; staff was obtaining two other appraisals. Mr. Schofield explained that each appraiser was provided with the restrictive covenant that states that the property would only be used as a golf course without a referendum. Mr. Barnes stated that he would have staff reiterate the importance of the time constraint issue. JOINT MEETING OF THE COUNCIL AND CHARTER REVIEW TASK FORCE Mayor Margolis asked about the workshop with the Charter Review Task Force committee and Council. Ms. Cohen explained that Ms. Adorno was contacting Council to schedule the workshop for suggestions, changes or additional Village of Wellington Page 12 Village Council Workshop Action Summary - Final August 10, 2015 dates and to provide her with dates that would be a conflict to their schedule in order to schedule the workshop date. K-PARK Mr. Barnes said that three meetings have been held and there was one more scheduled that would be located at Village Hall. He said that he would not change any of the questions that he asked at past meetings in order to remain consistent. He added that after the last meeting, the results of all the meetings would be compiled and presented to Council for direction. Mayor Margolis said that Council would determine the following steps and determine if anything was going to be done with the property. Mr. Barnes replied affirmatively and explained that all the prior rejected applications were dead and no longer valid and all of the bid bonds were returned in order for staff to start with a clean slate. The only thing that remained active on the property was the lease to Alderman Farms. Councilwoman Gerwig stated that the intent was to move the meetings to different locations in order to provide different groups of residents to attend but some of the public had a misunderstanding and thought that by attending each meeting the items would move forward. Mayor Margolis said that several residents’ comments were: “staff has the information needed, so please make it happen”. Mr. Barnes said that he commended all the attendees because engagement was obtained but for the next project he would like to use the charrette process which would be more successful since it was used in the past and the residents feel more familiar with the dynamic process. As the meetings have transpired, staff were correlating the results and Council, staff and the residents would receive the final results after the last meeting via HOA’s, Village website and other social media tools. Mayor Margolis asked for resident voting via the website during the meeting. Mr. Barnes explained that the process could be done but his opinion was to use that procedure as another survey tool during the next step of the process similar to the Budget Challenge. Mayor Margolis agreed with the suggestion that Mr. Barnes provided. GRAND PRIX FARMS REPLAT Mayor Margolis said that there was a request for discussion to walk on an additional agenda items for the following night’s Council meeting. The item pertains to a ministerial plat approval in Grand Prix Village. Mr. Schofield explained that the item was for a plat in Grand Prix Village South and as he noted in his Weekly Report, the applicant had not met the time frame provided. Most of the issues and requirements have been met including the bond but the current issues that needed to be resolved related to the pavement with the round-about with the Fire Department. The two issues that needed to be resolved were: 1) south entrance turn around issue; and 2) confirmation of the surety amount needed to reflect the improvements made on the plans. Mr. Riebe and his staff have been working diligently and the issues seem to be resolvable and either he or Mr. Riebe would advise Council if everything was technically complete before the Council meeting. Village of Wellington Page 13 Village Council Workshop Action Summary - Final August 10, 2015 Councilwoman Gerwig indicated that she would approve adding the item to the agenda as long as the requirements were met before Council votes on the item. Councilman Willhite stated that everything needed to be completed before bringing it to Council. Councilwoman Gerwig stated that in the past, Council voted on items similar to the item and noted that the approval was contingent upon obtaining the POA documents reviewed by the attorney. Councilman Willhite said that he would agree with Councilwoman Gerwig but the applicant had a history and in the past Council requested that all the required documents be obtained before bringing the item to Council and he wanted to make sure that the same requirement applied to the applicant. Mayor Margolis stated that in 2012, Council did not allow a particular agenda item to be walked on because it was not complete. Councilwoman Gerwig said that the item that Mayor Margolis was referring to was on the agenda but staff suggested approving the item without the item being complete. Council’s direction was to wait until everything was completed and she wanted to remain consistent. Mr. Schofield presented the list of the pending items needed and the order to be received to Council: 1. Master Plan Amendment: Complete 2. Sub Division Plan Amendment: Incomplete; staff was waiting for confirmation from Palm Beach County Fire Rescue regarding the cul-de-sac 3. Preliminary Plat Amendment: Incomplete; staff was waiting for confirmation from Palm Beach County Fire Rescue 4. Signed Original Mylar: Staff was not going accept the signed Mylar until everything was technically compliant. 5. Land Development Permits: These permits come after the plat was received Mr. Schofield reiterated that if all the documents received were technically complete, he and Mr. Riebe would provide Council with the information. Ms. Cohen said that her department had reviewed the documents for legal sufficiency and they have signed off after making changes to the declaration documents. Councilman Willhite stated that the past the procedure was that if an item was not on the agenda before Tuesday the item would not be added to the agenda. Ms. Cohen explained that was the general procedure and policy but the procedure was not etched in stone and as long as the meeting was publically noticed, Council was able to add or delete items from the agenda. She noted that the item in question was not an item that needed to be advertised and could be added to the agenda as late as tomorrow night when Council approves the agenda. Vice Mayor Greene said he did not want to have a policy set where an applicant screams loud and bullies staff and all of a sudden they were placed in the front Village of Wellington Page 14 Village Council Workshop Action Summary - Final August 10, 2015 of the line. There were many other applicants waiting, following the process and the standards that have been put in place. He said that the applicant has been doing this for years and staff must follow the existing outlines regardless of who the applicant was. Vice Mayor Greene asked if this item had created issues where staff had to stop what they were working on to work on this plat. Mr. Riebe replied affirmatively and explained the exorbitant amount of time both he and his staff had spent on this. He said that there was always a battle and it seems that the same procedure was repeated every year. Vice Mayor Greene asked for the reason for the urgency. Mr. Riebe did not know, and said the applicant would need to provide that answer. Councilwoman Gerwig asked for the reason why the procedure was so complex if the applicant just wanted to create another lot in the sub division. Mr. Riebe said that the procedure was not complex but he was not sure why it was taking the applicant so long because he and his staff have reviewed all the documents in a timely manner but currently they were still receiving documents on the list that was provided to Council. The submittals of the engineering drawings have not been received and he was not able to sign off until all the documents were received. Mr. Riebe also explained that currently the round-about was a problem because of the size which changes the plat and site plan which leads to him having to be in constant communications with Palm Beach Fire Rescue and others in order to resolve the issues. He felt that the item did not have to be walked on the agenda; the applicant made a conscious decision not to fully fund the surety for 40th Street which took him ten (10) days to make that decision and the bottom line was there was resistance to provide the surety bond. He added that the letter included in the packet indicates the requirement for the surety bond to increase each time there was a new submittal for the 40th Street plats of which has not been done. Mr. Riebe stated that the applicant has a permitted set of plans but has not received a required certified cost estimate as stipulated in the letter of agreement that he agreed to in April of 2013. He explained that his responsibility as the Village Engineer was to protect the residents and the tax payers in the event of a default. Councilwoman Gerwig asked if all the requirements were received by tomorrow would the Village of Wellington be covered. Mr. Riebe replied affirmatively and reiterated that on July 21st he advised the applicant’s registered agent that staff would do everything they could to place the item on the August 11th agenda but only if all the requirements were provided as per the Village process and Code. Vice Mayor Greene asked if the procedure he was referring to was the same procedure for everyone. Mr. Riebe replied affirmatively. Vice Mayor Greene said that he didn’t have a problem if the applicant makes this a priority and provides everything that was needed. He felt that no additional time should be taken away from staff’s other functions to dedicate time to one application. Mr. Schofield explained that the plat application was not seen in its current form until July 21st or July 22nd and the conversation that he had with the applicant was that if they needed the plat to be placed on the August 11th agenda, staff would work with them. His agreed with Mr. Riebe that everything needed to be completed by July 28th which did not occur. He added that as of the day that the agenda was published, August 4th and the following day, the required documents had not been received and he noted a statement in the Village of Wellington Page 15 Village Council Workshop Action Summary - Final August 10, 2015 Weekly Issues Report that the requirements were not received and the item would be placed on the August 25th agenda. Mr. Schofield said that many things transpired after that date but he would make sure that Council would be advised if the item was or was not technically complete tomorrow night. Mr. Riebe added that the applicant had all the necessary comments in order to make the changes on Wednesday at 2:00 p.m. and this item does not have anything to do with the horse show. Councilman McGovern said that staff has bent over backwards to assist the applicant and that Council would know if everything was in order tomorrow night. Mr. Riebe replied affirmatively. Mr. Schofield stated that if the requirements were not in order, staff would also communicate that to Council. Mr. Schofield said that the direction that he gave the Planning Director and the Village Engineer was that the standard processing times for a plat would be published and there had to be a good reason for there to be anything outside of those time limitations. The standard processing time was between forty-five (45) and sixty (60) days. Councilman McGovern asked if the time limitation was consistent with other municipalities. Mr. Schofield replied that the time limit was faster than other municipalities. Councilwoman Gerwig explained that there was another developer that had the same situation because they did not understand the required criteria. The developers need to understand the plat rules and the same standard would need to be applied. She understood that the issue was frustrating and involved from both sides. Vice Mayor Greene stated that it was very important to him that staff needed to be consistent on following the Village’s process. Mr. Riebe explained that staff does not do anything or require more or than what was delineated in the Code. The biggest issues were with the Land Development Permits because of Basin B, storm water management and water quality. Having a residential property owner understand that was a requirement was unusual but that was the way the water system was set up in the Village. Mr. Schofield said if the plat was technically complete, he would advise Council at tomorrow night’s meeting. Mr. Schofield said that for budgetary reasons for 120th Street, staff was looking for Council direction on the 120th Street item on the unfunded list. This would be for permission to survey the residents or property owners and not to construct the road. Vice Mayor Greene asked for the amount of the expenditure. Mr. Schofield said that the cost would not be more than $9,000. Councilwoman Gerwig said that a bridle path should be included and staff should survey the residents and ask for the needed additional right of way since the road was included in the EOZD. Vice Mayor Greene said that after the survey was completed then staff and Council would look at different ways to reconfigure the road. Village of Wellington Page 16 Village Council Workshop Action Summary - Final August 10, 2015 Mr. Barnes said that the questions could be structured to include all the different options in the ballot. Vice Mayor Greene asked for the number of residents that would be affected. Mr. Barnes said that they would contact only the residents that were along the portion of 120th Street. Vice Mayor Green asked if any of the residents of the Isles at Wellington would be surveyed. Ms. Cohen said that they were not abutting property owners. Vice Mayor Greene pointed out that the homes in the Isles that border 120 would be impacted by some of the issues. Mr. Schofield stated that Council would have to make a decision about paving or not paving and due to the comments from the residents of the Isles at Wellington and not from the equestrians that live on 120th Street. Councilwoman Gerwig pointed out that Luis Escobar an equestrian was the first person who requested to pave 120th Street to her and not someone that lives in the Isles at Wellington community. Mr. Schofield said during the first survey, staff spoke to the property owners and they were generally in favor of paving the road but were not willing to dedicate the additional property for the bridle path. The limit of the right of way was along the area where the power lines were and the road was next to that area. He stated that the property owners would be asked again. Ms. Cohen said that the association may be willing to assist. Mr. Schofield said that the wall would have to be moved. Mr. Riebe said that each lot was individually owned. Vice Mayor Greene said that there could be a possibility that the twenty (20) property owners whose properties were along the wall would agree to have the wall moved and give up eight (8) feet because of all the issues. Mr. Riebe said that statement could be included in the petition and they could be asked if they would like to have the road paved or not paved. The next question would be if they would want a bridle path or were willing to pave the area and not have a bridle path. He added that after the responses were received staff would provide the feedback to Council in order to make a decision. Vice Mayor Greene wanted to expand the petition to the residents located in the Isles at Wellington that were directly affected. Ms. Cohen said that the residents of the Isles at Wellington would not need to have a ballot sent to them. Councilwoman Gerwig said that the Isles at Wellington would need to be contacted so that they would be aware of any changes. Mr. Barnes explained that staff was committed to advising the HOA, the residents and the representatives who met with staff of when the item would be discussed by Council at the Capital Improvement Workshop. Councilman Willhite suggested first asking the residents of the Isles about paving the road, and then secondly, would they be willing to work with the Village or the adjourning property owners to give up property. This would indicate if they would be willing to provide five or six feet in order to provide a bridle trail in order to make everybody happy. He added that a crossover would need to be made in order for them to have access. Vice Mayor Greene said that the Village could not request the property owners on 120th Street to be the only ones to give up land. Village of Wellington Page 17 Village Council Workshop Action Summary - Final August 10, 2015 Mr. Riebe said that the most important question in his mind was; If the majority of the affected property owners on 120th Street want the road paved. If the results were fifty (50) percent plus one (1) replied “yes” then staff would move to the next step. He believed the property values of the lots along 120th Street would increase after paving the road. Mr. Barnes stated that a comprehensive ballot that addresses all the concerns that Council discussed would be created. Mr. Schofield stated that the main option was to reconstruct the canal which would be $2.2 million. Mr. Riebe explained that reconstructing the entire canal would be approximately $4.4 million. Councilwoman Gerwig asked if that was to re-pipe the canal and pave over it. Mr. Riebe replied affirmatively. Mayor Margolis said that the project was part of the Capital Improvement Fund but reminded everyone that the project was not currently funded. Vice Mayor Greene said that the Village was going to pay $9,000 to survey the nine property owners that live along 120th Street. Mr. Riebe said that they would send out a certified letter which would not cost $9,000. Mr. Barnes said that the initial polling would be so that there was not a large amount of discussion of the CIP workshop without basis. Afterwards a more formal process would be followed. Mr. Schofield said that staff needed to be aware that the basic decision of the property owners within the EPA was a requirement. Mayor Margolis said that if more than 50 percent of the nine residents say no, then the project would not move forward. Councilman McGovern asked for the amount of properties the School District have. Mr. Schofield said that the School District has three (3) parcels. PARADE Ms. Gerwig asked if a parade was being planned for the national champion’s basketball team. Mr. Delaney that the Wellington All Star Intermediate Recreation All Stars participated in the Little League All Star tournament in California and won the National Championship for the United States; however, they lost in the World Series to Korea. He advised Council that the Wellington girls softball team (14 and under) also won a national title. He was proposing to have the boys’ team attend tomorrow’s council meeting and have the girl team attend on August 25th. He added that he wanted Council direction to have a joint parade on Saturday, August 22nd down Forest Hill Blvd and ending at a scheduled concert at the amphitheater. Council discussed the parade. Vice Mayor Green and Councilman Willhite indicated that date conflicted with their schedule. Mayor Margolis wanted it scheduled on a night when the food trucks were also scheduled. Councilman McGovern asked if there was another event scheduled for Saturday, August 29th or the following Saturday in September. Village of Wellington Page 18 Village Council Workshop Action Summary - Final August 10, 2015 Mr Delaney said that he would check the schedule for the upcoming events dates and report back to Council. He added that he would prefer the event to be held on a Saturday so it would not interfere with Friday night football. Councilman Willhite asked staff to try and recognize other young people especially for their academic success along with inviting the valedictorians and members of the student government school clubs. Mr. Barnes said that staff would reach out to the high schools especially the debate teams at Wellington High who were the National Champions. Mayor Margolis said that in the past Wellington had a student government committee. Mr. Barnes explained that the young people sometimes have busier schedules than them but staff would try to take a different approach to engage the teachers similar to the current Civics 101 program. 6. COUNCIL COMMENTS NONE 7. ADJOURN There being no further business to discuss, the meeting was adjourned. Village of Wellington Page 19