Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, September 21, 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 September 21, 2015 1. CALL TO ORDER Mayor Margolis called the meeting to order at 3:00 p.m. 2. REVIEW OF COUNCIL AGENDA Since Mr. Schofield was not in attendance, Mr. Barnes presented the agenda for review. A. 15-694 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF AUGUST 11, 2015 AND AUGUST 25, 2015 Mr. Barnes introduced the item. This item is for the approval of the Minutes of the Regular Wellington Council Meetings of August 111, 2015 and August 25, 2015. There were no changes recommended. B. 15-333 AUTHORIZATION TO AWARD A CONTRACT TO MULTIPLE VENDORS FOR THE PURCHASE AND DELIVERY OF FERTILIZERS, HERBICIDES, INSECTICIDES, FUNGICIDES AND OTHER SPECIALTY ITEMS Mr. Barnes introduced the item for the authorization to award a contract to multiple vendors for the purchase and delivery of fertilizers, herbicides, insecticides, fungicides and other specialty items in the amount of approximately $290,000 annually. Vice Mayor Green indicated that the item had a large amount of back up material. In the future if an agenda item consisted of a large amount of pages, copies of all the pages were not needed because Council was able to review the complete agenda and highlight pertinent information electronically. Councilman McGovern stated that the first few pages of the item would be sufficient. There were no changes recommended. C. 15-337 AUTHORIZATION TO RENEW THE CONTRACT TO PROVIDE GENERAL LIABILITY, PROPERTY, CASUALTY AND WORKERS’ COMPENSATION INSURANCE Mr. Barnes introduced the item for the authorization to renew the contract to provide general liability, property, casualty and workers’ compensation insurance with the Florida Municipal Insurance trust (Florida League of Cities) at an estimated new annual cost of $689,808. Mayor Margolis requested that the item be moved to Regular Agenda because he was a member of the Florida Municipal Pension Trust Board and would need to recuse himself. Mr. Barnes stated that the item would move to Regular Agenda Item 8C. Village of Wellington Page 1 Village Council Workshop Action Summary - Final September 21, 2015 D. 15-338 AUTHORIZATION OF DISPOSITION OF SURPLUS TANGIBLE PERSONAL PROPERTY Mr. Barnes introduced this item. This item is for the authorization to approve FY 2015 disposition of surplus tangible personal property and removal of assets per the Village’s new capitalization threshold. Mr. Barnes explained that the agenda item had three (3) categories. The first part was a list of items ready for disposition. Mayor Margolis said that he recalled discussion regarding some of the surplus items being donated to the City of Belle Glade. Mr. Barnes stated that the City of Belle Glade was indicating an interest in some of the surplus vehicles. He said that the method of disposition by donating to another governmental entity was allowed under the current policy. Vice Mayor Greene stated that after reviewing the surplus list he noticed several computers that were only one (1) year old. Mr. Barnes explained that the second portion of the agenda item included items that were being removed from the TPP list as a result of fixed assets threshold being increased from $1000 to $5000 as recommended by Grau and Associates. Mr. Barnes stated that the third list were items that were found to be previously disposed of or no longer in existence. Councilman Willhite stated that the term “Asset Retirement Date” sounded like the Village was no longer going to use all of the items listed. Council consensus was to direct staff to re-format the agenda item to reflect the three categories discussed so that the public has a better understanding of what was being requested. Council discussed the issue of donating to neighboring municipalities and determined that they would consider the requests on a case by case basis. E. 15-380 AUTHORIZATION TO RENEW AN EXISTING CONTRACT FOR ANNUAL LAB ANALYSES Mr. Barnes introduced the item. This item is for the authorization to renew an existing contract for annual lab analyses with Pace Analytical Services, Inc. There were no changes recommended. F. 15-384 AUTHORIZATION TO RENEW AN EXISTING CONTRACT FOR LANDSCAPE MAINTENANCE OF SECONDARY ROADWAYS VILLAGE-WIDE Mr. Barnes introduced the item. This item is for the authorization to renew an existing contract for landscape maintenance of secondary roadways village-wide. Mr. Barnes explained that the item was for the first renewal to an existing contract with Wellington Professional Lawn Care, Inc. Village of Wellington Page 2 Village Council Workshop Action Summary - Final September 21, 2015 Vice Mayor Greene asked if staff was satisfied with the level of service. Mr. De La Vega replied affirmatively and said that their bid was lower than the other bidders. There were no changes recommended. G. 15-662 AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH MOCK ROOS & ASSOCIATES, INC., TO EVALUATE ALTERNATIVES FOR MAINTAINING EXISTING CANAL RIGHTS-OF-WAY THROUGHOUT THE VILLAGE Mr. Barnes introduced the item. This item is for the authorization to enter into an agreement with Mock Roos & Associates, Inc., to evaluate alternatives for maintaining existing canal rights-of-way throughout the Village. Vice Mayor Greene asked to move the item from the Consent Agenda because he felt that internal resources were available to evaluate the options and he could not justify spending $55,000 for a consultant. Mr. Barnes stated that the item would move to Regular Agenda Item 8D. Councilwoman Gerwig said that she had worked with Mock Roos in the past and would advise Council on Thursday if she needed to recuse herself. H. 15-639 RESOLUTION NO. R2015-69 (ISLA VERDE OF WELLINGTON RESIDENTIAL REPLAT NO. 1) A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ACCEPTING AND APPROVING THE ISLA VERDE OF WELLINGTON RESIDENTIAL REPLAT NO. 1 LYING IN SECTIONS 6 AND 7, TOWNSHIP 44 SOUTH, RANGE 42 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA, BEING A REPLAT OF ISLA VERDE OF WELLINGTON RESIDENTIAL REPLAT, AS RECORDED IN PLAT BOOK 115, PAGES 69 THROUGH 73, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Mr. Barnes introduced this item. This item is for the approval of Resolution No. R2015-69 accepting and approving the Isla Verde of Wellington Residential Replat No. 1. Mr. Riebe stated that the changes were very minor and codifies what was approved in the plan; including maintenance easements, drainage easements, landscape buffers and other required items consistent the site plan that was approved by Council. There were no changes recommended. I. 15-540 SECOND PUBLIC HEARING ON THE FISCAL YEAR 2015/2016 PROPOSED MILLAGE RATE AND ANNUAL BUDGET FOR WELLINGTON Village of Wellington Page 3 Village Council Workshop Action Summary - Final September 21, 2015 I. RESOLUTION NO. R2015-74 (MILLAGE RATE) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING THE TAX LEVY AND MILLAGE RATE FOR WELLINGTON FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016; AND PROVIDING AN EFFECTIVE DATE. II. RESOLUTION NO. R2015-75 (WELLINGTON BUDGET) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING A BUDGET FOR THE VILLAGE OF WELLINGTON FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Barnes introduced this item. Ms. Wadleigh presented this item. This item is the second public hearing for the approval of Resolution numbers R2015-74 and R2015-75 for the proposed budget and ad valorem millage rate for fiscal year 2015/2016 budget. Mr. Barnes distributed a spreadsheet which incorporated priorities for the unfunded projects selected by three of the Councilmembers. Councilman Willhite said that he returned his spreadsheet the day of the meeting and indicated that he was in favor of funding the top twelve (12) projects. Councilwoman Gerwig said that she had already stated what her priorities and intentions which were to fund the top four projects. Mr. Barnes said that he would incorporate the additional Council priorities and provide an updated spreadsheet to Council prior to the Thursday meeting. Mr. Barnes summarized discussion and stated that while there would be further discussion on Thursday his understanding was that there would be follow up budget amendments during the fiscal for specific projects. J. 15-678 RESOLUTION NO. R2015-61 (GLOBAL DRESSAGE COMPLEX, AKA EQUESTRIAN VILLAGE PERMIT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A SEASONAL EQUESTRIAN USE PERMIT FOR THE GLOBAL DRESSAGE COMPLEX, AKA EQUESTRIAN VILLAGE, AT 13466 SOUTH SHORE BOULEVARD FOR AN EQUESTRIAN SHOW USE FROM NOVEMBER 1, 2015 TO APRIL 30, 2016; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced this item. This item is for the approval of Resolution No. 2015-61 for a Seasonal Equestrian Use Permit for Global Dressage Complex, AKA Equestrian Village, at 13466 South Shore Boulevard from November 1, Village of Wellington Page 4 Village Council Workshop Action Summary - Final September 21, 2015 2015 to April 30, 2016. Mr. Barnes explained that the applicant requested that the item be postponed to October 13th council meeting. K. 15-699 RESOLUTION NO. R2015-73 (ADOPTION OF POLICY FOR REIMBURSEMENT OF ATTORNEYS’ FEES AND COSTS INCIDENT TO ETHICS COMPLAINTS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING A POLICY FOR REIMBURSEMENT OF ATTORNEYS’ FEES AND COSTS INCURRED BY CITY OFFICIALS, ADVISORY BOARD MEMBERS AND EMPLOYEES IN SUCCESSFULLY DEFENDING ETHICS COMPLAINTS. Mr. Barnes introduced this item. This item is for the approval of Resolution No. 2015-73 adopting a reimbursement policy for Wellington’s public officials, advisory board members and employees incident to ethics complaints. Ms. Cohen presented the item and explained that the item was a policy for reimbursement of attorney’s fees and costs incident to ethics complaints. She stated that in conjunction with the renewal of the insurance policies she reviewed the exclusions in the two policies. The reimbursement policy from Preferred Government Insurance Trust (PGIT) for reimbursement seemed to be more restrictive than the FMIT policy. Currently the FMIT policy has reduced the coverage for these types of expenses and because of the change she felt that Council would want to review and possibly adopt a reimbursement policy. Vice Mayor Greene suggested that the items be rearranged because he wanted to discuss the FMIT item prior to discussing the Reimbursement Policy. At this point in the meeting, Mayor Margolis recused himself. Vice Mayor Greene asked if the line item indicated exactly what the policy would cover and if removed, would there be a $90,000 reduction in the premium. Mr. Rodney Lewis from the Gehring Group explained that the provision that Ms. Cohen referenced dealt with a small sublimit of the overall policy line item for public official’s liability and would not reduce the line item by $90,000. Mr. Gehring explained line item being discussed could not be removed because it was part of the overall package. Vice Mayor Greene asked if legal fees were included in the Village’s deductible. Mr. Lewis replied that it would be a 50% reimbursement with a $25,000 per occurrence limit and an annual $100,000 sublimit. Mr. Gehring stated that both PGIT and FMIT provide the legal expense coverage. The coverage from FMIT would provide 50% reimbursement up to $25,000 along with a maximum aggregate amount of $100,000. The coverage from PGIT would provide 100% coverage up to a maximum of $100,000, but they would want to appoint or pre-approve the attorney. Vice Mayor Greene asked if a gap policy was available. Ms. Cohen said that the reimbursement policy would provide for coverage above and beyond what was Village of Wellington Page 5 Village Council Workshop Action Summary - Final September 21, 2015 covered by the insurance policy. Ms. Cohen stated that the reimbursement policy was intended to be prospective and any prior claims would not be subject to the policy. Ms. Cohen indicated that with the FMIT coverage the person would be able to select their own attorney and with PGIT an attorney would be approved or appointed by the company. Mr. Barnes summarized that Staff’s recommendation was to move forward with the FMIT proposal notwithstanding the fact that the PGIT proposal was $16,000 less annually. Councilman Willhite said that if the policy was changed mid-year he wanted to be assured that they would receive written notice of any policy change. Mr. Gehring explained that the policy was a twelve (12) month agreed upon schedule of benefits and all changes have been documented. He stated that any changes would require written notice or that policy change would revert back to what it was during the prior year. At this point in the meeting, Mayor Margolis returned Mr. Barnes reiterated the following changes to the agenda: • Consent Agenda Item 6C would be changed to Regular Agenda Item 8A • Regular Agenda Item 8A would be changed to 8B • Regular Agenda Item 8B would be change to 8C • Consent Agenda Item 6G would be changed to 8D Council consensus was to rearrange the agenda items as summarized by Mr. Barnes At this point in the meeting discussion regarding R2015-73 (Adoption of Policy for Reimbursement of Attorney’s Fees and Costs Incident to Ethics Complaints) resumed. (Continuation of RESOLUTION NO. R2015-73 (ADOPTION OF POLICY FOR REIMBURSEMENT OF ATTORNEY’S FEES AND COSTS INCIDENT TO ETHICS CONMPLAINTS) Ms. Cohen reviewed the internal reimbursement policy. She stated that there is authority under common law to reimburse for ethics violations if it arises from the performance of Council duties or it has been found to serve a public purpose. The policy addresses the circumstances and the procedures to be followed in the event that elected officials are in a position of needing to use the policy. Ms. Cohen stated that policy requires that individuals first make a claim against the insurance policy and then any balance would be considered by the Council. L. 15-716 BINKS FOREST GOLF COURSE POTENTIAL ACQUISITION Mr. Barnes introduced this item. This item is for direction and discussion regarding the continuation of the evaluation of the acquisition of Binks Forest Village of Wellington Page 6 Village Council Workshop Action Summary - Final September 21, 2015 Golf Course, specifically the terms of a purchase and sale agreement as well as funding alternatives. Mr. Barnes said that direction was given at the last council meeting that staff continue their due diligence and evaluation of the acquisition of Binks Forest Golf Course. He explained that staff was currently in the process of completing and obtaining the Village’s own appraisals for the property. A draft purchase and sale agreement was available for Council’s discussion. He explained that the acquisition of the golf course was not a funded capital project and staff was seeking further direction from Council. He indicated that Mr. Paul and staff have discussed a number of different costs ranging from $3.6 million which was the current appraisal amount that Mr. Paul received to $1.5 or $1.75 million based on historic discussions related to what would be the required improvement capital costs. Council consensus was to direct staff to move forward with obtaining the Village appraisals, obtain feedback from the neighboring homeowners associations and evaluate funding mechanisms. 3. WORKSHOP None 4. ATTORNEY'S COMMENTS None 5. MANAGER COMMENTS None 6. COUNCIL COMMENTS Councilman Willhite and Vice Mayor Green stated that they expected the Wellington Green Market item to be on the current agenda. Mr. Barnes said that he thought that item would be on the October 13th agenda. Council consensus was to add discussion of the Wellington Green Market to the September 24, 2015 agenda. 7. ADJOURN There being no further business, the meeting was adjourned. Village of Wellington Page 7