Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, February 8, 2016 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 February 8, 2016 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, Anne Gerwig, Councilwoman, and John T. McGovern, Councilman. Council Member Not in Attendance: Matt Willhite, Councilman. Mayor Margolis stated that he would be leaving at 3:30 since he had an appointment and Vice Mayor Greene would be presiding the meeting during his absence. Mayor Margolis requested to review the Public Hearing agenda items first. 2. REVIEW OF COUNCIL AGENDA Mr. Schofield presented the Agenda for the February 9th Council Meeting for discussion and review. Mayor Margolis requested to review the Public Hearing agenda items first. G. 15-940 ORDINANCE NO. 2016-02 (CHANGES TO CHAPTER 18 OF WELLINGTON CODE OF ORDINANCES) AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF WELLINGTON, FLORIDA RELATING TO BUILDING CODES AND THE ADOPTION OF THE FLORIDA BUILDING CODE 5th EDITION (2014) AS REQUIRED BY STATE STATUTE; ADOPTING A LOCAL ADMINISTRATION SECTION AS PROVIDED FOR IN THE STATE BUILDING CODE BASED UPON THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY MODEL AND BUILDING OFFICIALS ASSOCIATION OF FLORIDA MODEL; AMENDING SEC. 18.31 (1), (2) AND (3) REGARDING THE ADOPTION OF THE GROUP OF CODES KNOWN AS FLORIDA BUILDING CODE 5th EDITION (2014), INCLUDING THE: BUILDING, RESIDENTIAL, EXISTING BUILDING, ACCESSIBILITY, MECHANICAL, PLUMBING, FUEL GAS, ENERGY, NATIONAL ELECTRICAL CODE, THE FLORIDA FIRE PREVENTION CODE AS AMENDED BY PALM BEACH COUNTY, INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING AND READOPTING SEC. 18.32, WELLINGTON BUILDING CODE ADMINISTRATIVE CODE, IN ITS ENTIRETY; AMENDING SEC. 18.33 AMENDMENTS TO THE FLORIDA BUILDING CODE TO REFERENCE THE CHANGED SECTION REFERENCES OF THE STATE BUILDING CODE AND ADOPTING WINDSPEED MAPS; PROVIDING FOR CODIFICATION; PROVIDING AN ADOPTION DATE; AND, PROVIDING A CONFLICTS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. This item is for the approval of Ordinance Village of Wellington Page 1 Village Council Workshop Action Summary - Final February 8, 2016 No. 2016-02 adopting The Florida Building Code 5th Edition (2014) and amending the Administrative provisions of the Building Code. Staff recommends approval to repeal the current language contained within Chapter 18 Wellington Code of Ordinances in its entirety and insert the attached language currently titled “Amendments to the Florida Building Code 5th Edition (2014) Chapter 1 Administration”. Mr. Basehart presented the item explaining it was the adoption of the Florida Building Code 5th Edition and amending the Adminstrative provisions of the Building Code. In response to a question raised by Vice Mayor Greene whether Article 5 was included in this item, Mr. Basehart explained that Article 5 was not part of the current agenda item and explained the State of Florida's procedure was to adopt the State Building Code and afterwards the municipalities and the counties would have to adopt the codes which would include any local addendums. Mr. Schofield explained the Village was required by the State of Florida to adopt the Florida Building Code. The Land Development Regulations was the document that needed to be amended and par down to 1/3 of the volume size which currently being worked on. Article 5 was the first part and Council would receive a copy during the summer months. Furthermore, Mr. Schofield mentioned that the Village Land Development regulations that was adopted from Palm Beach County in 1999 was what staff was currently using and changes were needed in order to adjust to the Village's needs. Mr. Tomasik provided a brief overview of The Florida Building Code 5th Edition (2014) and explained that by amending the Code, changes would be made to statutes, state codes, flood provisions and other items. He explained that any amendments would be posted on the Department of Business and Professional Regulation (DBPR) website which was available to the general public. Ms. Gerwig asked if the changes to the parking standards was part of the same process. Mr. Basehart said the changes to the parking standards were part of the Zoning Code. Mr. Schofield clarified that the Land Development Regulations were all of the items that the Village use in Engineering, Utilities, and Planning and Zoning to regulate how new development takes place in Wellington. Those were the items that needed to be reduced from 1200 pages to approximately 400 pages. There were no changes recommended. H. 15-960 ORDINANCE NO. 2016-03 (BICYCLE AND PEDESTRIAN CIRCULATION PLAN AND COMPREHENSIVE PLAN) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL UPDATING THE WELLINGTON COMPREHENSIVE PLAN BY ADOPTING THE BICYCLE AND PEDESTRIAN CIRCULATION PLAN OF THE TRANSPORTATION ELEMENT AND MODIFYING PEDESTRIAN AND BICYCLE POLICIES 1.1.14 THROUGH 1.1.20; PROVIDING FOR CONFLICT AND SEVERABILITY; AUTHORIZING Village of Wellington Page 2 Village Council Workshop Action Summary - Final February 8, 2016 THE MANAGER TO UPDATE THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Schofield introduced the item. This item is for the approval of Ordnance No. 2016-03, a Comprehensive Plan amendment incorporating the Bicycle and Pedestrian Circulation Plan into the Village’s Comprehensive Plan as part of the Transportation element and modifying Pedestrian and Bicycle Policies 1.1.14 through 1.1.20. Mr. O’Dell presented the item. He explained he would provide Council with a presentation at the Council meeting. He indicated that connectivity was the main issue for the project. The multiuse pathways would include bicycles, pedestrians, joggers and horses on some of the sections that would be paved. There were no changes recommended. I1. 15-957 RESOLUTION NO. R2016-02 (GRAND PRIX FARMS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING THE MASTER PLAN AMENDMENT FOR [PETITION 14-66 (2014-028MPA3) GRAND PRIX FARMS PLANNED RESIDENTIAL DEVELOPMENT (PRD), LOTS 8, 9 AND 10, LOCATED SOUTH OF PIERSON ROAD AND WEST OF GENE MISCHE WAY, AND AS DESCRIBED MORE PARTICULARY HEREIN, TO ADD TWO (2) ACCESS POINTS CONNECTING LOTS 8, 9 AND 10 TO GENE MISCHE WAY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Schofield introduced this item. This item is for the approval of Resolution No. R2016-02 for the master plan amendments to allow two (2) access points between Lots 8, 9 and 10 of Grand Prix Farms PRD and Wellington CountryPlace PUD. Mr. Schofield recommended Council hearing the item with the following item C2 R2016-01 but vote on each item separately. He indicated that both master plans would need to be approved to allow the ingress and egress of the requested areas. Mr. Basehart presented the item. He explained that during the past two years Council approved the applicants Special Use Permits for the season. The current request would provide the same access points on a permanent basis with two conditions from Grand Prix Village and Grand Prix Village South. Councilwoman Gerwig stated there was a typographical error on page 221 “form” needed to be changed to “from” on line 78. Mr. Basehart said the correction would be made and would provided Council with the correction at the following night. Mr. Basehart said the applicant would provide Council with a presentation at the Council meeting and explained that any violations of the two conditions could result in the entire approval of the resolution having to be brought back to Council for revocation or re-approval. Mr. Schofield explained the only condition that would be problematic in the future was Condition number 1 Village of Wellington Page 3 Village Council Workshop Action Summary - Final February 8, 2016 because Condition number 2 must be completed before the permit was approved and provided to the applicant. There were no changes recommended. At this point Mr. Schofield explained that the RFP for the Tennis Center has been sent out and the bids were due on February 18, 2016. He indicated that a cone of silence procedure was underway and Council was not able to discuss the item, except with Mr. Barnes, Ms. Quickel and Mr. De La Vega. Mr. De La Vega was the point of contact and all replies regarding emails would come from him. At this point, Mayor Margolis excused himself and left the meeting due to a prior commitment. I2. 15-958 RESOLUTION NO. R2016-01 (WELLINGTON COUNTRYPLACE) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING THE MASTER PLAN AMENDMENT FOR [PETITION 14-133(2014-063MPA9)] WELLINGTON COUNTRYPLACE PLANNED UNIT DEVELOPMENT (PUD), LOCATED SOUTH OF PIERSON ROAD AND EAST OF GENE MISCHE WAY, AND AS DESCRIBED MORE PARTICULARY HEREIN, TO ADD TWO (2) ACCESS POINTS CONNECTING LOTS 8, 9 AND 10 TO GENE MISCHE WAY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Schofield introduced this item. This item is for the approval of Resolution No. R2016-01 for master plan amendments to allow two (2) access points between Lots 8, 9 and 10 of Grand Prix Farms PRD and Wellington CountryPlace PUD. This item was heard with the prior agenda item (C1. Resolution R2016-02). There were no changes recommended. J. 15-959 RESOLUTION NO. R2016-03 (MASTER PLAN AMENDMENT FOR PETITION 15-110 (2015-085MPA10) WELLINGTON COUNTRYPLACE PUD) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A MASTER PLAN AMENDMENT FOR PETITION 15-110 (2015-058MPA10) WELLINGTON COUNTYPLACE PLANNED UNIT DEVELOPMENT (PUD), LOCATED IN THE EASTERN HALF OF SECTION 20 AND ALL OF SECTION 21, EXCEPT FOR THE PORTION KNOWN AS MIDA FARMS, AND AS DESCRIBED MORE PARTICULARY HEREIN, TO ADD TWO (2) ACCESS POINTS ALONG THE NORTH SIDE OF LAKE WORTH ROAD EAST OF SOUTH SHORE BOULEVARD AND WEST OF THE C-6 CANAL TO PROVIDE ACCESS TO POD D; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR Village of Wellington Page 4 Village Council Workshop Action Summary - Final February 8, 2016 OTHER PURPOSES. Mr. Schofield introduced this item. This item is for the approval of Resolution No. R2016-03 for a master plan amendment to add two (2) access points along the north side of Lake Worth Road east of South Shore Boulevard and west of the C-6 Canal in order to provide access to Pod D. Councilwoman Gerwig said that she would have to recuse herself because her firm provided services to the site for Grand Champions Polo. At this time Councilwoman Gerwig left the room. Mr. Basehart presented the item. He explained that he was providing Council with a revised resolution because during the prior week staff met with the applicant because there was issues with condition number 4 but they have reached an agreement and staff’s recommendation changed slightly as indicated on the revised resolution. Vice Mayor Greene asked if the gates would be closed when no events were taking place. Councilman McGovern stated that he could not find a condition indicating that the gates needed to be closed. Mr. Basehart indicated for security purposes the gates should be closed and a separate condition could be added. Vice Mayor Greene asked Mr. Basehart to speak to the applicant and discuss the gate closure in order for the road to be used for the intended equestrian and polo use only. K. 15-1063 PUBLIC FORUM REQUEST - 211 PALM BEACH At this point, Councilwoman Gerwig joined the meeting. Mr. Schofield introduced this item. This item is for a presentation from 2-1-1 Palm Beach program. Council consensus was to move the item to the Presentation and Proclamations portion of the meeting. Mr. Schofield stated that he would amend the agenda. A. 15-1049 PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA RECOGNIZING CODY CLINE FOR HIS OUTSTANDING SWIMMING ACCOMPLISHMENTS Item was withdrawn from the agenda. B. 15-1048 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF JANUARY 12, 2016 Mr. Schofield introduced the item. This item is for the review and approval of the Minutes of the Regular Wellington Council Meeting of January 12, 2016. There were no changes recommended. C. 15-486 AUTHORIZATION TO CONTINUE UTILIZING A CITY OF BAYTOWN, TEXAS CONTRACT AS A BASIS FOR PRICING FOR UTILITY BILL PRINTING AND MAILING SERVICES Mr. Schofield introduced the item. This item is for the authorization to Village of Wellington Page 5 Village Council Workshop Action Summary - Final February 8, 2016 continue utilizing a City of Baytown, Texas contract with Dataprose, LLC, as a basis for pricing, to provide utility bill printing and mailing services, including postage, to the Village, in the amount of approximately $136,000 annually. Mr. De La Vega presented the item. In response to Councilman McGovern’s question regarding the difference in charges if the same vendor that the City of West Palm Beach was used, he explained that staff calculated that West Palm Beach pays $.04 with a total amount of $.10 per envelope which included folding, inserting, stuffing, and the mailing of the envelope. Councilwoman Gerwig mentioned in the past Seagull Industries for the Disabled handled mail services and asked if staff contacted them for a price quote. Mr. De La Vega stated that staff contacted the Florida Coop who surveyed several hundred municipalities in Dade, Broward and Palm Beach Counties for the best price quote. Vice Mayor Greene asked if the trend in the Village was moving towards paperless utility billing and on-line payments. Ms. Quickel stated that staff was moving towards expanding the paper-less billing and payments and currently the amount of residents using those services has increased. The mailing of utility bills has not been totally eliminated but staff encourages the residents to use the electronic versions on an ongoing basis. Councilman McGovern asked for the percentage of the residents that use the electronic versions. Ms. Quickel stated that she would obtain the information and provide to Council. Councilwoman Gerwig said that a type of incentive was needed so that more residents would go to the paperless version. There were no changes recommended. D. 15-617 AUTHORIZATION TO RENEW AN EXISTING CONTRACT WITH SOUTHWEST ENGINEERS FOR SUPPLY AND DELIVERY OF LIQUID DISPERSION POLYMER Mr. Schofield introduced this item. This item is for the authorization to renew an existing contract with Southwest Engineers for supply and delivery of liquid dispersion polymer in the amount of approximately $73,000.00 annually. Mr. Riebe presented the item. He indicated that the purchase of the polymer was not an optional purchase and was necessary to process biosolids for the end product which was sold and used for fertilizer. There were no changes recommended. E. 15-847 AUTHORIZATION TO CONTRACT WITH SOUTHERN AWNING, INC., FOR THE PURCHASE AND INSTALLATON OF A CANOPY AT THE AMPHITHEATER Mr. Schofield introduced this item. This item is for the authorization to contract with Southern Awning, Inc. for the purchase and installation of a canopy at the amphitheater in the amount of $31,305.00. Mr. Barnes presented the item. Both Councilwoman Gerwig and Councilman Village of Wellington Page 6 Village Council Workshop Action Summary - Final February 8, 2016 McGovern asked for the color of the canopy. Mr. Barnes stated that the color had not been selected but would be selected when staff obtains the samples once Council approves the purchase with the selected vendor. Mr. Schofield said that the selected color would need to blend in with the building’s color. In response to Councilwoman Gerwig's question regarding the purpose for purchasing the canopy, Mr. Barnes explained that the canopy would be used for shade and any type of weather protection. During day time operations the sun shines directly on the stage in the performers eyes and the main goal was to alleviate that situation. There were no changes recommended. F. 15-1014 AUTHORIZATION TO UTILIZE FLORIDA SHERIFFS ASSOCIATION AND STATE OF FLORIDA CONTRACTS FOR THE PURCHASE AND DELIVERY OF VEHICLES AND EQUIPMENT Mr. Schofield presented the item. This item is for the authorization to utilize Florida Sheriffs Association (FSA) contracts #15-23-0904 and #15-13-0904 and State of Florida contract #25100000-16-1, 070-700-11-1 and 21100000-16-1 as a basis for pricing for the purchase and delivery of vehicles and equipment in the total amount of $657,924.75 and authorization to dispose of surplus vehicles and equipment. There were no changes recommended. 3. WORKSHOP None. 4. ATTORNEY'S COMMENTS Ms. Cohen presented an update on Blue Cypress. She said there was an appeal to the PZAB and there was a petition involving Blue Cypress and Chukker Holdings regarding the road access and an omission that occurred on the application for the site plan. PZAB affirmed with staff that the petition was denied; the motion for re-hearing was denied. Furthermore, she indicated that the road was supposed to have been built by January 15th and they were provided with ample notice but the road has not been built. Mr. Riebe has had to call the bond; letter of credit and those funds have been transferred. During the past week staff received a letter for injunction for declaratory relief and a motion for an emergency temporary injunction. After the hearing held during the past Friday, the order has been received but the hearing went well and her belief was that the emergency injection would be denied. The court indicated that they would schedule a hearing regarding the regular injunction within the next few weeks and afterwards, her department would move forward with the litigation process. She recommended calling for a shade session during the current month after checking with Council’s and Mr. Riedi's calendars. Councilman McGovern asked if all of the issues would be discussed at the shade session. Ms. Cohen explained that the Circuit Court litigation and the Code Enforcement litigation cases would be discussed but possibly the Ridder and Palm Beach Polo cases would all need to be noticed. She indicated that a fairly large amount of time would be needed for the discussions. Village of Wellington Page 7 Village Council Workshop Action Summary - Final February 8, 2016 Vice Mayor Greene suggested having the shade session after the election since there was not a sense of urgency. Ms. Cohen said that she could wait until after the election but she would provide Council with a spreadsheet indicating all of the cases. In addition she would provide a summary including the litigation information. Vice Mayor Greene said that the spreadsheet would be sufficient information. Council consensus was to schedule the shade session after the election unless there was an emergency injunction serving the need for Council to discuss the issue during the shade session. Ms. Cohen said she was asking for Council’s authorization to move forward with filing an injunctive action on the soccer matches that were occurring every week. She indicated the only way to have the matches cease was by filing an action for injunctive relief as a solution but not emergency relief. Councilwoman Gerwig said the participants could apply for a special use permit in order to continue with the soccer matches. Ms. Cohen replied affirmatively. Mr. Schofield explained the way the code was written was that the property in question has a designation of open space recreation golf course and anything that was directly related to the golf course could move forward with a special use permit but the Village would have to review the permit request in order to move forward. Councilwoman Gerwig stated that participants were not able to request a special use permit because of having outstanding violations. Ms. Cohen replied affirmatively and said that there were outstanding code violations on the site and indicated that Polo West and the other area could be severed. 5. MANAGER COMMENTS Mr. Schofield stated he was requesting the opportunity to speak to each councilmember individually about HB 59, SB 304 Agri-Tourism General Bill, the Agri-Tourism Statute (F.S.570.96); HB105, HB1222 change in the roll back rate; and HB 7059 Preempts the local authority to set municipal election dates. Councilwoman Gerwig asked Mr. Schofield if the Village was pursuing legislation for Sober Homes. Mr. Schofield explained that he was aware that the State of Florida was continuing with pushing legislation but he was not aware of any pending federal legislation to delegate regulation of the housing element of Sober Homes to the state or local governments. Councilwoman Gerwig said that staff needed to look into pursuing the issue since Lois Frankel was working on the item. Vice Mayor Greene added that Congressman Ted Deutsch was working on the issue. Councilwoman Gerwig said that she wanted to know if there was any progress with the issue in order to make sure that the Village was not moving against the Federal acts and obtain ways that could serve the public in a better manner. Mr. Schofield said that he would be having the coffee event at 8:00 a.m. the following morning in room 1E/1F which was open to the public. The Chamber was hosting the event and explained that his intention was to have the event Village of Wellington Page 8 Village Council Workshop Action Summary - Final February 8, 2016 on a monthly basis. 6. COUNCIL COMMENTS None. 7. ADJOURN There being no further business, the meeting was adjourned. Village of Wellington Page 9