Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, October 26, 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 October 26, 2015 1. CALL TO ORDER Mayor Margolis called the meeting to order at 3:00 p.m. Council Members present: Bob Margolis, Mayor, Matt Willhite, Councilman, Anne Gerwig, Councilwoman, and John T. McGovern, Councilman. John Greene, Vice Mayor was not in attendance. 2. REVIEW OF COUNCIL AGENDA Mr. Schofield presented the Agenda for the October 27TH Council Meeting for discussion and review. A. 15-755 RECOGNITION OF CHRISTINA COONEY FOR HER SILVER AND BRONZE MEDAL WINS AT THE SPECIAL OLYMPICS WORLD GAMES Mr. Schofield introduced the item. This presentation was to recognize Equestrian Christina Cooney for her Silver and Bronze medal wins at the 2015 Special Olympics World Games in Los Angeles. Mayor Margolis stated that he signed the Breast Cancer Awareness Month proclamation and instead of sending the proclamation out he wanted to present it to his wife the following night’s council meeting. Council consensus was to have Mayor Margolis present the Breast Cancer Awareness Month proclamation to his wife Linda Margolis at the following night’s council meeting. Mr. Schofield indicated that Palm Beach County’s School District Superintendent, Dr. Robert Avossa may be attending the council meeting as per communication received from Dr. Shoemaker earlier in the day. Mr. Schofield stated that he would have staff contact his office to confirm his attendance at the meeting. B. 15-788 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF SEPTEMBER 10, 2015 AND SEPTEMBER 24, 2015 Mr. Schofield introduced the item. This item was for the approval of the Minutes of the Regular Wellington Council Meetings of September 10, 2015 and September 24, 2015. There were no changes recommended. C. 15-733 AUTHORIZATION TO AWARD A CONTRACT FOR THE ROOF REPLACEMENT AT VARIOUS BUILDINGS Mr. Schofield introduced this item. This item is for the authorization to award a contract to Therma Seal Roof System, LLC for the Roof Replacement at Various Buildings in the amount of $368,000. Mr. Schofield indicated that the Lacrosse concession stand that was built in 2005 was a roof replacement but was in need of a repair project. Village of Wellington Page 1 Village Council Workshop Action Summary - Final October 26, 2015 Mr. Barnes stated that they have prepared a comprehensive plan scope of what needs to be done; however, some of the extent of the work that is necessary is not visible until the work has started. He said the roof for the Lacrosse Concession stand and possibly the Football roof may not have to be totally replaced. He noted that the portion of the Village Park Gym that is being redone was the only portion remaining that had not been redone as part of the new construction or part of the retrofit that was completed several years ago. Mr. Barnes added that all of the work was for the buildings at Village Park. There were no changes recommended D. 15-794 RESOLUTION NO. R2015-79 (PALM BEACH COUNTY SHERIFF’S OFFICE DISTRICT 8 WELLINGTON REQUEST FOR USE OF LAW ENFORCEMENT TRUST FUNDS (LETF) FOR THE PURCHASE OF TLO DATABASE ACCESS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE PUBLIC SAFETY SUB-FUND BUDGET FOR FISCAL YEAR 2015/2016 BY COMMITTING MONIES FROM PRIOR YEAR REVENUES TO OPERATING EXPENSE FOR THE PURCHASE OF TLO DATABASE ACCESS; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced this item. This item is for the approval of a request from the Palm Beach Sheriff’s Office District 8 Wellington for use of Law Enforcement Trust Funds (LETF) for the purchase of one (1) year access along with one (1) year of additional searches though the TLO database and associated Budget Amendment #2016-003. Mr. Schofield stated that PBSO currently has limited access to the database. He said that the next item was a request for LEFT for the Clear Online Data Base. He indicated the current item would assist in tracking more locational, financial and those types of things while the second one tracks social media information which is a tool are used in investigations. The total amount for both databases was less than $7,000 which was a minimal cost and the funds could be used only for law enforcement services. Councilman McGovern asked if the Sheriff had a County-side subscription to this. Mr. Schofield said that have a subscription; however, the access if fairly limited and is not generally distributed on a District basis. In response to a questioned raised by Councilman McGovern asking what the Village was actually purchasing, Mr. Schofield said that the Village was buying direct access for the Street Teams and Community Police. He further explained that this was basically a license for additional users. Councilman Govern also questioned whether other communities had to purchase this. Mr. Schofield was not sure about the other cities. He noted that it was more of an enhancement for the teams assigned to Wellington, and it was more of an expectation for Wellington to have it. Mayor Margolis asked if there was a discount to the price if the service was obtained for two (2) years instead of one (1) year. Mr. Schofield stated that the fee was for a straight license fee and was already being provided at a reduced price. The price is based on the size of the municipality. Village of Wellington Page 2 Village Council Workshop Action Summary - Final October 26, 2015 There were no changes recommended. E. 15-796 RESOLUTION NO. R2015-80 (PALM BEACH COUNTY SHERIFF’S OFFICE DISTRICT 8 WELLINGTON REQUEST FOR USE OF LAW ENFORCEMENT TRUST FUNDS (LETF) FOR THE PURCHASE OF CLEAR ONLINE DATABASE ACCESS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE PUBLIC SAFETY SUB-FUND BUDGET FOR FISCAL YEAR 2015/2016 BY COMMITTING MONIES FROM PRIOR YEAR REVENUES TO OPERATING EXPENSE FOR THE PURCHASE OF CLEAR ONLINE DATABASE ACCESS; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. This item is for the approval of a request from the Palm Beach County Sheriff’s Office District 8 Wellington for the use of Law Enforcement Trust Funds (LETF) for the purchase of one (1) year of CLEAR Online Database access and associated Budget Amendment #2016-004. Mr. Schofield explained that the item was for a different database from the prior item but was basically for the same concept and provided a way to search for license tags that have been loaded to the database and social media. There were no changes recommended. F. 15-754 RESOLUTION NO. R2015-78 (THE RIDGE EQUESTRIAN SPECIAL PERMIT 2015/2016) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AN EQUESTRIAN SPECIAL PERMIT FOR THE RIDGE AT WELLINGTON LOCATED AT 14415 AND 14535 PALM BEACH POINT BOULEVARD FOR EQUESTRIAN SHOWS FROM DECEMBER 12, 2015 TO MARCH 29, 2016; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. This item is for the approval of Resolution No. R2015-78 Equestrian Special Permit for The Ridge at Wellington to host Equestrian shows from December 12, 2015 to March 29, 2016 from 8:00 a.m. to 6:00 p.m. Mr. Basehart presented the item. He indicated that the current year was the third year that the applicant was before Council for approval. He explained that three years ago, Council changed Article V where these types of permits had to come before Council for approval. Mr. Basehart said that all the show time activity would be conducted during day time hours, thus no lights, no noise, no RVs, no vendors or seating at the events. Mr. Basehart explained that the staff recommended approval with the same conditions as in the past two (2) years. Councilwoman Gerwig asked the applicant had added any improvements since last year. Mr. Basehart said that the improvements were completed but were not related to the property and not show. He noted no complaints had been Village of Wellington Page 3 Village Council Workshop Action Summary - Final October 26, 2015 received regarding the shows. There were no changes recommended. G. 15-813 ORDINANCES APPROVING REFERENDUM QUESTIONS AMENDING THE VILLAGE CHARTER Mr. Schofield introduced the item. This item is for the adoption of Ordinances approving referendum questions amending the Village Charter. Ms. Cohen presented the item. She indicated that this was the first reading of the ordinance and the second reading would be in two weeks. Councilman McGovern stated that he had limited revisions that he felt would clarify the questions or ballot language. At this point in the meeting a handout was provided to Council and staff with his revisions. Councilman McGovern recapped each page of the handout. • The ballot summary on the first one was confusing as it stated “it also provides that the Vice Mayor would serve as Mayor until a new Mayor is election.” It was confusing to restate that because it already existed in the charter and was not a change. He thought that the question “Shall All Vacancies on the Village Council Be Filled the Same Way as the Mayor” was exactly what they mean. Ms. Cohen explained that the language of the ordinance would change slightly for that particular question. • Regarding Question #4 regarding the Equestrian Preserve Area. He it immediately talks about getting in and getting out of the Preserve and the number of votes required to do that when in fact they are putting in the EPA altogether. He said that they first need to recognize the Equestrian Preserve Area in the Charter and then the part about getting in and getting out should follow. The EPA would now be recognized in the Charter. • With regard to the question relating to the Village’s Canvassing Board, he said that they need to inform the voters that they are changing the Village’s Canvassing Board for an election. Mayor Margolis asked that the handout be made part of the record and made part of tomorrow night’s presentation. Ms. Cohen replied affirmatively and that extra copies would be provided at the meeting. Councilman McGovern said he had some questions about the phrasing on page 180, Section 1A. He found the Charter language was confusing as it included what was in and what was out which he felt should not be listed altogether. He thought the summary in the ballot question and summary were much clearer. Councilman McGovern said he was asking her to revise the charter language located on page 108, Section 1A. In response to Councilman McGovern’s question regarding the definition for transient and what the term is, Ms. Cohen explained the term is “transient occupancy” and is a defined term in the Code. She then read the definition of transient occupancy. Village of Wellington Page 4 Village Council Workshop Action Summary - Final October 26, 2015 (At this point in the meeting Councilman Willhite joined the meeting). In reply to Councilwoman Gerwig question regarding vacation rentals, Ms. Cohen provided a brief explanation of the State of Florida law in regards to vacation rentals in the Village and within the EZOD. She noted that they were not regulating vacation rentals, but were putting a zoning determination in the Charter. Councilwoman Gerwig asked for the purpose for having a Charter, zoning regulations and special uses. Ms. Cohen stated that the Charter could be indicative of what could be done as well as things that must be done. She said that the Charter was intended to be a general and broad document. The Comprehensive Plan was the community’s vision and the Land Development Regulations and Codes implement the community’s vision. Councilwoman Gerwig asked if the intention of this Charter question was to protect the EOZD from transient housing. Councilman Willhite stated that this was need for the protection of the area. He explained that due to the protection, the area was the economic engine for the Village; the area provided the Village’s green space; the area has kept the horses, paddocks, large farms and the horse industry in the Village. He questioned why they would not do everything possible to protect it. Councilwoman Gerwig stated that she did not support the item because her children are the most important thing to her and felt that the transient occupancy uses should be prohibited within a certain amount of feet of an elementary school. She felt that the transient occupancy uses could be added to the Zoning Codes but not to the Charter. Mayor Margolis raised the issue that RV parks had been discussed in the past, and RVs had been previously rented out for the season at the Littlewood Shows. He asked if they would not be allowed if this Charter Amendment passed. Mr. Basehart said that they don’t have an RV park and that applicant had been withdrawn. He outlined the requirements to have an RV Park in the EOZD. Ms. Cohen explained that the Code describes transient as occupancy for less than 30 days. She said it doesn’t appear that anything greater than 30 days would not be prohibited. Mr. Schofield explained that occupancy in an RV is not permitted anywhere in the Village, except for very rare circumstances, i.e, caretaker. Ms. Cohen felt if the intent was to exclude hotels, motels, etc., they should just exclude them rather than saying other similar transient occupancy. Mr. Schofield explained that staff was trying to regulate rooms for hire and the ordinance was indicative of that regulation. H. 15-682 ORDINANCE NO. 2015-04 (OFF STREET PARKING AND LOADING) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING ARTICLE 7, SITE DEVELOPMENT STANDARDS, CHAPTER 2, OFF-STREET PARKING AND LOADING OF THE LAND DEVELOPMENT REGULATIONS OF THE VILLAGE OF Village of Wellington Page 5 Village Council Workshop Action Summary - Final October 26, 2015 WELLINGTON; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced this item. This item is for the approval of a Zoning Text Amendment (ZTA) amending Article 7, Chapter 2, Off-street Parking and Loading of the Wellington Land Development Regulations (LDR). Mr. Basehart presented the item. He stated that the item was passed on first reading with suggested changes from Council. He then recapped the changes regarding: Residential Parking (additional parking space); parking spaces required for arena, auditorium, entertainment, theater, public assembly or stadium; and bicycle parking. Mr. Basehart recapped the changes made by staff based on Council’s suggestions and the State of Florida requirements for handicapped parking. Mr. Schofield provided additional information regarding handicapped parking based on the Village’s code requirements. There were no changes recommended. I. 15-695 ORDINANCE NO. 2015-08 (DRIVEWAY AND ACCESS REQUIREMENTS FOR PROPERTIES WITHIN SUBDIVISIONS CONSISTING OF INDIVIDUAL LOTS A MINIMUM OF ONE ACRE OR GREATER ZONING TEXT AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING SECTION 7.7.2.A.1 OF THE WELLINGTON LAND DEVELOPMENT REGULATIONS RELATED TO DRIVEWAYS AND ACCESS REQUIREMENTS TO PROVIDE FOR ADDITIONAL ACCESS WAYS FOR PROPERTIES WITHIN SUBDIVISIONS CONSISTING OF INDIVIDUAL LOTS A MINIMUM OF ONE ACRE OR GREATER; PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Schofield introduced this item. This item is for the approval and adoption on Second Reading Ordinance No. 2015-08 amending Section 7.7.2.A.1 of Wellington’s land Development Regulations (LDR) providing for additional access ways for properties within subdivisions consisting of individual lots a minimum of one acre or greater. Mr. Basehart presented the item. He explained that this ordinance started out as an amendment that would affect lots in the Aero Club that had free-standing accessory buildings. At the first reading, Council thought that there was also a common need for this on one acre lot or greater in other subdivisions. He pointed out that staff was instructed to modify it to apply to not only lots in the Aero Club, but to lots in any one acre or greater in subdivisions which was done. There were no changes recommended. J. 15-742 BINKS FOREST GOLF COURSE POTENTIAL ACQUISITION Village of Wellington Page 6 Village Council Workshop Action Summary - Final October 26, 2015 Mr. Schofield introduced this item. This item is for discussion and direction regarding the continuation of the evaluation of the acquisition of Binks Forest Golf Course, specifically the terms of a purchase and sale agreement as well as finding alternatives. Mr. Barnes presented the item. He explained that the agenda item included the original appraisal obtained from the owner along with the two additional appraisals obtained by staff. Also include was a copy of the Administrative Transmittal that was sent out the prior Thursday which contained the original analysis that was performed by the Finance and Parks and Recreation Department’s staff as well as an updated spreadsheet regarding a cost scenario. Mr. Barnes indicated that at the current time staff was prepared to discuss any of the options as well as to seek Council’s direction on how and if to proceed. He explained that the current owner has continued to work with staff in providing information requested as part of the Village’s initial due diligence and was committed to continue to do so if the Village elected to enter into a purchase and sale agreement with them. Mr. Barnes said that staff has a draft Purchase and Sale Agreement that had been prepared by Ms. Cohen that had also been reviewed by the owners. Mayor Margolis said that discussion would be provided at the Council meeting the following night. He then said that the Village’s budget had already been approved which did not call for any money to be allocated to this project. Mr. Barnes responded affirmatively. Councilman McGovern asked how much it would cost to bring the course up to a fully playable course for the residents. In response, Mr. Barnes said the number was projected to be about $750,000.00 which is the capital investment after acquisition to begin operation. There were no changes recommended. 3. WORKSHOP NONE 4. ATTORNEY'S COMMENTS NONE 5. MANAGER COMMENTS NONE 6. COUNCIL COMMENTS Mayor Margolis stated that he wanted to discuss the current procedure of which Council receives emails. He said that there was a large amount of spam emails that was coming through the network and each Councilmember was receiving up to two hundred per day. He indicated that he understood the reason why each councilmember receives emails sent to all the other councilmembers, and asked if it was a policy set by previous Councils. Mr. Schofield said that the direction regarding emails predated anyone Village of Wellington Page 7 Village Council Workshop Action Summary - Final October 26, 2015 currently on Council as well as himself. He explained it was done so that each Council member saw all incoming emails. He stated that the request to change the policy has been brought up several times in the past about eliminating it; however, they never had Council’s consensus to make that change. He explained that there were different options available but it would ultimately be Council’s preference. Mayor Margolis said he was not interested in seeing everyone’s emails and wanted to reduce the amount he received every day He asked if a consensus to do this was needed by Council or by them individually. He asked if he only needed to have IT show him his emails and then have the other Councilmembers to handle their own. Mr. Schofield said that individual Councilmembers can elect not to see that of the other members of Council. He said he would need direction from Council to change the current policy. Councilwoman Gerwig felt that if they disable that, then it would create a lot of PIRs. Mayor Margolis asked if each email was a public record or could they share them. Ms. Cohen recommended that if the requests were going to Council that they (a) advise the Clerk so that she could assist in handling that and tracking that; and (b) if someone was requesting that type of a public record and it exceeds what is normally not charged than they should be paying for the copies. Councilwoman Gerwig asked if it was correct that if requested for information, they would need to give it out. Ms. Cohen explained that if they were the custodian of that record of if they are able to provide a copy of something, they should do that; however, she reiterated their obligation to notify the Clerk of the request. She emphasized that the Clerk was responsible for tracking the public records requests, not the identity, and was the custodian of all the records in the Village. Mayor Margolis said that he sits on the Urban Administration of the Florida League of Cities decided that public records is a major issue and they will be bringing it forward to the State Legislature this year. Mr. Schofield explained that people requesting information are not required to complete any information at all, to give your identify or why you want the information. He said that if Mr. Basehart’s department gets a request, he is required by law and by the Village’s policy required to fill it. In addition, he has to send a copy of that request to the Clerk’s Office, and they keep a record of what is provided. Mr. Schofield said that the question was whether each Councilmember wanted to see each other’s emails. He suggested that if they don’t want to see them, they can collectively or individually choose not to see them. If that is elected to do, then staff will create a file that has Councils emails that they can look at if they choose to do so. 7. ADJOURN There being no further business to be discussed by Council, the meeting was adjourned. Village of Wellington Page 8