Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, May 23, 2016 4:30 PM Village Hall - Conference Rooms 1E & 1F Village Council Workshop Anne Gerwig, Mayor John T. McGovern, Vice Mayor Michael Drahos, Councilman Michael J. Napoleone, Councilman Tanya Siskind, Councilwoman Village Council Workshop Action Summary - Final May 23, 2016 1. CALL TO ORDER Council Members Present: Anne Gerwig, Mayor; John T. McGovern, Vice Mayor; Michael Drahos, Councilman; Michael Napoleone, Councilman; Tanya Siskind, Councilwoman. Mayor Gerwig called the meeting to order at 4:30 p.m. 2. REVIEW OF COUNCIL AGENDA Mr. Schofield presented the Agenda for the May 24, 2016 Council Meeting for discussion and review. A. 16-0124 PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA RECOGNIZING CODY CLINE FOR HIS OUTSTANDING SWIMMING ACCOMPLISHMENTS Mr. Schofield introduced the item. No changes were recommended by Council. B. 16-0159 PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA RECOGNIZING MEGHAN STRAND, AMBERLY RODRIGUEZ, KAYLA DELLAMO AND HAYLIE WILES ON BEING AWARDED THE GIRL SCOUT BRONZE AWARD Mr. Schofield introduced the item. No changes were recommended by Council. C. 16-0158 PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA PROCLAIMING JUNE 5, 2016 THROUGH JUNE 11, 2016 AS "NATIONAL GARDEN WEEK" IN THE VILLAGE OF WELLINGTON Mr. Schofield introduced the item. He indicated that a copy of the annual proclamation list would be provided to Council for their review. He asked them to advise staff of any proclamations they would like to add. Pursuant to a resident request, Mayor Gerwig asked if the Village Hall could be lit up to support certain causes or events. She thought that the Village could acknowledge Alzheimer's during the month of June by changing the color of the lights in the clock tower to purple. She suggested changing the color each month in order to observe different causes or events. Council's consensus was to support Mayor Gerwig's recommendation. Mr. Schofield said that staff will provide Council with a list of events and colors for the entire year. Mr. Barnes mentioned they also had the option of changing the color of the lights in the fountain located at the Patriot Memorial. Councilman Drahos indicated that comments have been made about the "Employee of the Month" board not being updated. He asked if staff could get back to recognizing employees on a monthly basis. Mr. Schofield explained that employees were being recognized on a monthly basis, but they have not Village of Wellington Page 1 Village Council Workshop Action Summary - Final May 23, 2016 been presented to Council. He indicated that Mr. Barnes will ensure employees are recognized and the Employee of the Month board is updated. Councilman Drahos said he thought that ongoing recognition would be good for employee morale. No changes were recommended by Council. Mr. Schofield introduced the next item. He stated this proclamation was to recognize Za'Kiara O'Neal on completing the Women of Tomorrow Mentor and Scholarship Program and for being the first recipient of a four-year scholarship through the Community Development Block Grant (CDBG). No changes were recommended by Council. D. 16-0136 PRESENTATION BY THE PALM BEACH COUNTY COMMISSION ON ETHICS Mr. Schofield indicated that Mr. Mark Bannon would be providing a presentation regarding the Palm Beach County Commission on Ethics. No changes were recommended by Council. E. 16-0160 MINUTES OF THE SPECIAL COUNCIL MEETING OF APRIL 13, 2016 AND THE REGULAR COUNCIL MEETING OF APRIL 26, 2016 Mr. Schofield introduced the item. Councilman Napoleone stated that he noted a few typos and would provide them to the Village Clerk. No changes were recommended by Council. F. 15-763 AUTHORIZATION TO AWARD CONTRACTS FOR DISASTER RECOVERY SERVICES Mr. Schofield introduced the item. Edward De La Vega, Purchasing Manager, indicated that the current agreements were set to expire in July 2016. He explained that the Request For Proposal (RFP) was released in March and five proposals were received. The Selection Committee scored and ranked each proposal and recommended DRC Emergency Services, as the primary awardee. He said that in the event DRC Emergency Services could not provide the services, the two secondary awardees would be Ashbritt, Inc. and TAG Grinding Services. He indicated that these standby contracts would only be activated by Wellington in the event of an emergency. Mr. De La Vega noted that the RFP met all of the newly adopted federal regulations, known as the "Super Circular," which will enable the Village to seek federal government reimbursement in the event of a disaster. Mr. De La Vega responded to questions from Council regarding ranking and scoring of the proposals as well as pricing. Mr. Jesse Wright, Operations Supervisor for Public Works, introduced himself and answered questions from Council regarding the vendors. Village of Wellington Page 2 Village Council Workshop Action Summary - Final May 23, 2016 Mayor Gerwig noted a typo at the bottom of page 45. Mr. Schofield provided background information regarding the federal government reimbursement procedures. No changes were recommended by Council. G. 15-1007 AUTHORIZATION TO RENEW THE EXISTING ANNUAL AUDITING SERVICES CONTRACT Mr. Schofield introduced the item. He stated this was for authorization to renew the existing annual auditing services contract with Grau and Associates. The original contract was for three years with two one year extensions. This is the final extension available and will need to be go out for a Request for Quotation (RFQ) next year if renewed. Staff recommends approval of the final year extension. Mayor Gerwig asked if the price changed from the original cost. Mr. De La Vega explained that the amount was increased to $76,000 from $74,500, as indicated in the initial proposal provided to the Village four years ago. No changes were recommended by Council. H. 15-1008 AUTHORIZATION TO AWARD A CONTRACT TO VISUAL IMAGES FOR THE PURCHASE AND DELIVERY OF TROPHIES, PLAQUES AND MEDALS Mr. Schofield introduced the item. He stated this was for authorization to award a contract to Visual Images for the purchase and delivery of trophies, plaques and medals, for all recreational sports village-wide, in the amount of approximately $27,000 annually. Jim Barnes, Assistant Village Manager, and Mr. De La Vega responded to Council's questions regarding the lack of bidders. No changes were recommended by Council. I. 15-770 AUTHORIZATION TO EXTEND A LEASE AGREEMENT BETWEEN ACME IMPROVEMENT DISTRICT AND J. ALDERMAN FARMS, INC. FOR THE K-PARK SITE Mr. Schofield introduced the item. He stated this was for the authorization to extend an existing lease agreement between the Acme Improvement District and J. Alderman Farms, Inc. for the K-Park site in the amount of $40,000 annually. He noted the $40,000 was income and offsets about $50,000 in annual maintenance costs incurred by the Village to mow the seventy acres. He indicated the property tax was paid by the lessee. Mr. Schofield and Mr. De La Vega responded to Council's questions and provided an explanation of the 120 day termination notice. They also noted the Village lowered the renewal price to be consistent with Palm Beach County. No changes were recommended by Council. J. 16-0006 RESOLUTION NO. R2016-31 (LAKEFIELD NORTH HOMEOWNER’S ASSOCIATION, INC. TRAFFIC AND PARKING CONTROL AGREEMENTS) Village of Wellington Page 3 Village Council Workshop Action Summary - Final May 23, 2016 A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AGREEMENTS FOR TRAFFIC CONTROL JURISDICTION AND PARKING ENFORCEMENT BETWEEN THE VILLAGE OF WELLINGTON AND THE LAKEFIELD NORTH HOMEOWNER’S ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. He stated that this was for the approval of Resolution No. R2016-31, approving standard traffic and parking control agreements for the Lakefield North Homeowner's Association, Inc. He explained that without these agreements, the Palm Beach Sheriff's Office would not be able to issue parking or speeding tickets within the subdivisions. Mr. Riebe indicated that this was a new agreement with the Lakefield North HOA and not a renewal of the old agreement. No changes were recommended by Council. K. 16-0148 ORDINANCE NO. 2016-07 (FLYING COW RANCH ANNEXATION) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, PROPOSING THE VOLUNTARY ANNEXATION (PETITION NUMBER 16-017/2016-007ANX) OF REAL PROPERTY COMPRISING OF 2.8 ACRES, MORE OR LESS, LOCATED WITHIN SECTION 24, TOWNSHIP 44 AND RANGE 40, APPROXIMATELY 4.5 MILES SOUTH OF SOUTHERN BOULEVARD IN PALM BEACH COUNTY, FLORIDA, KNOWN AS THE “FLYING COW RANCH,” MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE OF THE PROPERTY OWNER; AMENDING SECTION 11 OF THE VILLAGE CHARTER BY REDEFINING THE CORPORATE LIMITS OF THE VILLAGE OF WELLINGTON; DIRECTING THE VILLAGE MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS ANNEXATION; DIRECTING THE VILLAGE CLERK TO FILE A COPY OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT IN PALM BEACH COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY, AND THE FLORIDA DEPARTMENT OF STATE WITHIN SEVEN DAYS AFTER ADOPTION, IN ACCORDANCE WITH CHAPTER 171 OF THE FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. He stated that this item was for approval of Ordinance No. 2016-07, the voluntary annexation of a 2.8 acre vacant parcel into the municipal boundary of the Village of Wellington. Robert Basehart, Planning & Zoning, provided Council with an overview of the property. He indicated on page 222 of the Staff Report, under Site History, it should read: The 2.58 parcel was not part of the previous annexation, because Village of Wellington Page 4 Village Council Workshop Action Summary - Final May 23, 2016 the McCarthy's did not own it at the time. He explained that the property was acquired in 2005 and this request is to merge that parcel with the rest of their property. He noted the annexation met all of the statutory requirements and that the the request was approved by Palm Beach County. No changes were recommended by Council. L. 16-0041 ORDINANCE NO. 2016-12 (BED AND BREAKFAST ZONING TEXT AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING SECTION 6.4.4.20 OF THE WELLINGTON LAND DEVELOPMENT REGULATIONS RELATED TO BED AND BREAKFAST ESTABLISHMENTS; AMENDING SECTION 6.10.7.B.4 OF THE WELLINGTON LAND DEVELOPMENT REGULATIONS RELATED TO BED AND BREAKFAST ESTABLISHMENTS IN THE EQUESTRIAN OVERLAY ZONING DISTRICT; PROVIDING A CONFLICTS CAUSE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. He stated that this item is for the approval of Ordinance 2016-12, a zoning text amendment to Wellington's Land Development regulations pertaining to bed and breakfast facilities village-wide, including the Equestrian Overlay Zoning District (EOZD). Mr. Basehart stated that the proposed changes to the Code of Ordinances were submitted by a private party. He indicated that staff supports the changes proposed and recommends approval, even though they were denied by the Planning, Zoning, and Adjustment Board (PZAB). He went on to explain that special use permits for bed and breakfast facilities are currently granted annually by a staff person. One of the proposed changes is to make this a Development Review Committee (DRC) approval rather than an approval by a single staff person. Staff thought this would provide for a more comprehensive and thorough review of the applications. Another change being proposed for clarification is a provision to prohibit the creation of individual apartments or dwelling units within a bed and breakfast facility located in the Village. He explained that currently bed and breakfast facilities are allowed anywhere in the Village by special use permit. There is no acreage requirement outside of the EOZD, however, there is a requirement that any property used as a bed and breakfast facility must be on a collector or arterial road and have direct access to that roadway. He noted that it was impossible to locate a bed and breakfast facility in Wellington because of the Planned Unit Developments (PUD). Another change being proposed is to increase the number of rooms that can be rented in the EOZD, from the current limit of five to eight. With the changes being proposed, staff believes only six locations in Wellington would be eligible for a bed and breakfast facility. He said that they were proposing that the access requirement be changed, so rather than having direct access onto a collector or arterial road, the property would have to be within a quarter mile of a collector or arterial road. Councilman Napoleone said he understood that one change was to establish lot size minimums. He said that a minimum of two acres would be required anywhere, however, but the residential areas would be maxed out at five units and the EOZD could have up to eight units on the same size property. Mr. Village of Wellington Page 5 Village Council Workshop Action Summary - Final May 23, 2016 Basehart stated that was correct. He said currently there is no acreage minimum in the urban areas outside of the EOZD, so they would be establishing a two acre minimum. Councilman Drahos and Vice Mayor McGovern asked why they were treating the EOZD differently, eight units versus five units. Mr. Basehart indicated the properties are generally larger in the EOZD and the Equestrian Preserve Committee (EPC) recommended the areas outside the EOZD be limited to five bedrooms. Councilman Napoleone said that he thought the EPC wanted a five acre minimum for up to eight bedrooms. Mr. Basehart stated staff believes that they could get a 17,000 square foot house on a two acre lot. He thought two acres was certainly sufficient to accommodate up to eight guest rooms without having any impact on surrounding properties. Councilman Drahos stated that when he met with the applicant, she said eight rooms were needed in order to be profitable as the houses in the EOZD were more expensive. Vice Mayor McGovern said that he thought, in order to make any of this work, it would probably have to be that higher number inside or outside the EOZD. Mayor Gerwig stated this particular user was talking about a bed and breakfast facility as a business, but there may be people who want to just supplement their income. Councilman Napoleone thought there was a difference between converting your existing home to a bed and breakfast facility versus purchasing property with the sole purpose of making it a commercial venture. Vice Mayor McGovern asked if they were doing this for one particular individual who wants to have a business and needs the Village to make a variety of changes. He asked, if the next person comes along with a different business plan, are they going to look at all this again. Mayor Gerwig stated that was the concern. She said there a quite a few homes in the EOZD that have eight bedrooms. She stated, as far as perception, this was recommended because they will not necessarily think it is a commercial establishment when they see it. She said they were trying to keep in mind that these are neighborhoods, however, the Village has a need for temporary housing, especially during the season. She thinks this operator has seen an opportunity and staff has said this would be a good for the community. Vice Mayor McGovern noted that the Planning, Zoning, and Adjustment Board (PZAB) voted against this. Councilman Drahos expressed concern with parking. He said that f they were going to ten or twelve bedrooms, they would need twelve or fourteen parking spaces. Mayor Gerwig stated that it would be a parking lot and no longer a driveway. Council Napoleone said that staff would be there as well and driving a quarter mile into the neighborhood creating a lot more traffic. Mayor Gerwig said that she did not think there would be a lot of extra staff as the owners usually worked there. However, it would depend on the entire operation. She thought there were many ways this could or could not be an impact, which is why she wanted staff to explain why this is a need, as well as, have them address the expansion issue. Village of Wellington Page 6 Village Council Workshop Action Summary - Final May 23, 2016 Councilman Drahos stated he liked that there was nothing regulating size in Wellington. Mayor Gerwig said that she thought they did not allow anyone to rent out rooms in Wellington. Mr. Basehart stated that no one has applied to have a bed and breakfast facility, however, it is allowed in the Village Code (6.1.7.B4). Councilman Drahos thought this was an opportunity for them to add more structure to the code. Vice Mayor McGovern said that he understood that operating an Airbnb in Wellington is not permitted. Mr. Basehart stated that is correct as the operator would not have a special use permit. Councilman Drahos thought this process would allow review by the Development Review Committee (DRC) and eliminate the option of reviewing it every year. He asked if there could be language that states that the special use permit will be revoked if the bed and breakfast is in violation of any rules. Mr. Basehart indicated that Article 5 has a provision that may remove approval if anyone violates a condition of approval granted by the Village. Councilman Napoleone believed the DRC would give people some certainty year-to-year, knowing if they put the time and effort in to get approved, they would not have to come back every year looking for a special use permit to keep their bed and breakfast open. Mayor Gerwig asked about the history of the home in Meadow Wood that was renting out rooms. Mr. Basehart said that he was unsure of what happened in that situation. Mayor Gerwig stated she would do some research to find out how the Village ended the operation. Councilman Napoleone asked if the current collector road requirement was only for the EOZD, because it was not in Section 6.4.4.20 (revised pages 258 and 259). He said it was only in the new Section "C" for the EOZD (page 261). Mr. Basehart stated that requirement was for anywhere in the Village, but he would check the language. Councilman Napoleone asked why they were striking out Section K on page 261, which requires each bed and breakfast facility to be a quarter mile from another. Mr. Basehart stated that was the current requirement and part of this request is to remove that separation requirement. Vice Mayor McGovern asked why staff was recommending it. Mr. Basehart stated that staff believes the most probable location for bed and breakfast facilities would be near the venues and two or three of them within a quarter mile of each other would not be a bad thing as it would shorten the distance people had to travel. Vice Mayor McGovern thought that went back to Mayor Gerwig's point of having one next to another with all the parking and signage at each one. He believed that would change the concept. Councilman Napoleone wanted Section K to be in the main language and be applied everywhere, as the bed and breakfast facilities should be more than a quarter mile from each other no matter where they are. Mayor Gerwig stated she had a disagreement over that when they were talking about congregate living facilities. She thought it might have been okay for them to be closer because it was a good use in the neighborhood. Councilman Napoleone said that the neighbor who does not run a bed and breakfast would not like all the traffic. Village of Wellington Page 7 Village Council Workshop Action Summary - Final May 23, 2016 Mayor Gerwig stated she was having difficulty with the whole concept based on the boarding house issue that they had in the past. She said she has a lot of concerns about that happening to any neighborhood. Vice Mayor McGovern asked why staff was recommending the removal of the requirement that the owner/operator reside on the premises as he feels this is a concept of a bed and breakfast facility. Mr. Basehart stated the applicant originally wanted to remove the requirement entirely from the code, but they came to the conclusion that it could be an immediate family member. Vice Mayor McGovern asked how the Village would assess that on a regular basis. Mr. Basehart stated it would be assessed when the application comes in. Vice Mayor McGovern noted that the language says owner's family member and not immediate family member in Section G, page 259. He expressed his concern with removal of the requirement. Mayor Gerwig stated that the issue was that many people do not own their homes as they are owned by different agents. Vice Mayor McGovern thought that would not be covered as there would be no owner or owner's family member present. Councilman Drahos stated that he did not want a corporation to come in and purchase many bed and breakfast to start a business. Mr. Basehart stated that was the intent of requiring a family member. He said that staff had the option of leaving the provision as it is. Mayor Gerwig stated that she is still unclear as to how residents can currently rent out rooms temporarily as she has always been told this was not allowed. She said she would speak with Ms. Cohen after the meeting. Regarding language on page 259, newly proposed Section J states that "no meals other than breakfast shall be served to paying guests." Councilman Napoleone preferred the original language on page 260 which says that "meal service shall be limited to guests and shall include only breakfast and wine and cheese functions." He said the new language opens it up to meals to nonpaying guests which means they could operate a dinner service or catering business for people who do not live. Councilman Drahos asked why they were not addressing the length of time a guest can stay. Mr. Basehart stated it has never been a part of the bed and breakfast provisions and they have not seen a need. Vice Mayor McGovern stated that his concern was the many requests from this one particular individual who may operate a bed and breakfast. He wondered if staff had thought this through and decided that this was what the Village needs and whether or not this instead of thinking about what the requester wants. He thought Councilman Drahos had a good point with including a daily or weekly limit. Mayor Gerwig thought the applicant was very upstanding. However, she expressed concerns with changing the code. Councilman Napoleone said that he thought this would be a good opportunity for them to revisit the code and make some needed changes. However, he said that he did not want to make hasty changes because the applicant wants this done now. Mr. Schofield stated that he was unsure as to whether or not there were lot sizes as big as two acres outside of the EOZD. Councilman Drahos said he Village of Wellington Page 8 Village Council Workshop Action Summary - Final May 23, 2016 liked the acreage requirement because it limits the application pool. Mr. Schofield thought they might be looking at limiting a stay to 120 days given that the bed and breakfasts are most likely to occur in the Equestrian Preserve area and people may attend a show or a few shows or they may stay for the entire season. Mr. Schofield expressed his concern about the removal of the owner/operater requirement as this can be confirmed via the Property Appraiser. He said that there is no way to determine if the person designated to be onsite is a family member. Mr. Schofield believed the bed and breakfast facilities were a good idea. He suggested being more liberal about how they allow them, however, he did not want to create a series of micro-hotels. Mayor Gerwig stated that is what Council is trying to avoid. Vice Mayor McGovern thought they needed to think through the 120 nights because at that point they are not running a bed and breakfast facility but renting out rooms seasonally. Mr. Schofield suggested that they have the discussion at the Council Meeting tomorrow night for public input and postpone the first reading of the ordiance. Mayor Gerwig stated she would like the request to go back to the PZAB for consideration. She did not think it had been thought through enough and said that if the PZAB could reconsider it, they might be able to come up with some solutions. She agreed they should have the discussion tomorrow. Mayor Gerwig stated the applicant was definitely looking to start a business and suggested a limit om the number of bed and breakfast facilities. She said the Village has a need for temporary housing and noted that the horse show circuit is usually for a week. Councilwoman Siskind stated there was a definite need for this type of housing. She liked that the applicant was trying to comply and thought that they needed to rework some of the language so that this could be beneficial for the Village. Council consensus was to allow for public comment on the item at the following night's Council Meeting and have PZAB review the request once again. Mr. Schofield said that the item would be brought back in front of Council in July or August. Mayor Gerwig stated that she was disappointed that PZAB did not rework this request. Councilman Drahos thought with some direction from Council, PZAB would come up with some suggestions. Vice Mayor McGovern noted this would be going to a board comprised of different members. N. 16-0147 ORDINANCE NO. 2016-10 (REFERENDUM QUESTION NO. 1 AMENDING THE VILLAGE CHARTER RELATED TO THE FILLING OF COUNCIL VACANCIES) Village of Wellington Page 9 Village Council Workshop Action Summary - Final May 23, 2016 AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL PROPOSING AMENDMENTS TO SECTION 5 OF WELLINGTON’S CHARTER RELATING TO FILLING OF VACANCIES FOR MAYOR AND COUNCILMEMBERS BY AMENDING SECTION G, “VACANCIES; FORFEITURE OF OFFICE; SUSPENSION; FILLING OF VACANCIES” OF WELLINGTON’S CHARTER TO ELIMINATE THE POWER TO APPOINT TO FILL COUNCIL VACANCIES AND TO PROVIDE FOR SPECIAL ELECTION WHEN THE UNEXPIRED TERM IS 180 DAYS OR MORE; PROVIDING FOR SUBMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF WELLINGTON AT THE ELECTION TO BE HELD ON AUGUST 30, 2016; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR PUBLICATION; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield indicated the next four items were Charter amendments. Ms. Cohen explained that the original question, proposed by the Charter Review Task Force, was to fill appointments by special election and eliminate appointments. She stated that she provided alternate language for Council to consider (page 290), which addresses the concerns raised in the letter from the Supervisor of Elections (SOE). Special election lead times required by the SOE were discussed and Council thought it should be "not less than 75 days" based upon the letter. Ms. Cohen asked about combining 4A and 4B into one section of the Charter. Council consensus was to combine 4A and 4B and include the language "shall mayor and council member vacancies be filled by special election?" Ms. Cohen asked about the additional language "as soon thereafter as the SOE is available to conduct such special election" provided on page 290, lines 21-23. Council agreed to add the additional language. Ms. Cohen stated she would provide the revised format to Council the following night for their approval. Referring to Question No. 3, Mayor Gerwig stated she did not support the language in item "C" on page 290, because she did not think that was the intention of the Charter Review Task Force. O. 16-0163 ORDINANCE NO. 2016-11 (APPROVAL OF REFERENDUM QUESTION NO. 2 AMENDING THE VILLAGE CHARTER AND ADOPTION OF ORDINANCE NO. 2016-11 PROPOSING AMENDMENTS TO SECTION 5 OF WELLINGTON’S CHARTER) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL PROPOSING AMENDMENTS TO SECTION 5 OF WELLINGTON’S CHARTER RELATING TO TERM OF OFFICE BY AMENDING Village of Wellington Page 10 Village Council Workshop Action Summary - Final May 23, 2016 SECTION 5, SUBSECTION B, “TERM OF OFFICE” TO STATE THAT COUNCILMEMBERS MAY NOT BE ELECTED TO MORE THAN TWO CONSECUTIVE TERMS, INCLUDING THOSE TERMS PARTIALLY SERVED; PROVIDING FOR SUBMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF WELLINGTON AT THE ELECTION TO BE HELD ON AUGUST 30, 2016; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR PUBLICATION; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ms. Cohen stated Question No. 2 changes the wording for the term limits from "no mayor or council member shall 'serve' more than two consecutive terms" to "no mayor or council member shall be 'elected' to more than two full consecutive terms of office." Mayor Gerwig asked if the fee was per question or if all questions were included in a set fee. Ms. Callovi said she would contact the Supervisor of Elections to obtain that information and provide it to Council. After discussing the meaning of, as well as the pros and cons of, Question No. 2, Council consensus was to not include it on the ballot but to discuss it further at the Council Meeting the following night. P. 16-0164 ORDINANCE NO. 2016-13 (REFERENDUM QUESTION NO. 3 AMENDING THE VILLAGE CHARTER SECTION 5 RELATING TO ELIGIBILITY) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL PROPOSING AMENDMENTS TO SECTION 5 OF WELLINGTON’S CHARTER RELATING TO TERM OF OFFICE BY AMENDING SECTION 5, SUBSECTION B, “TERM OF OFFICE” BY ADDING A SUBSECTON 2 PROVIDING THAT COUNCILMEMBERS SHALL NOT BE ELIGIBLE TO FILL A VACANCY CREATED BY THEIR OWN RESIGNATION OR REMOVAL FROM OFFICE; PROVIDING FOR SUBMISSION TO THE ELECTORS OF WELLINGTON AT THE ELECTION TO BE HELD ON AUGUST 30, 2016; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR PUBLICATION; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ms. Cohen stated Question No. 3 was the revision that would say "no current or former mayor or council member shall be eligible to run in a special election to fill a vacancy created by their own resignation or removal from office." Mayor Gerwig asked if a irrevocable resign-to-run letter could trigger the seat being on the ballot. Ms. Cohen stated she would have to look into that question. After discussing different scenarios that could be effected by this question, Council consensus was to include Question No. 3 on the ballot. Village of Wellington Page 11 Village Council Workshop Action Summary - Final May 23, 2016 Q. 16-0165 ORDINANCE NO. 2016-14 (REFERENDUM QUESTION NO 4 AMENDING THE VILLAGE CHARTER RELATED TO FILLING OF VACANCIES AND ELIGIBILITY) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL PROPOSING AMENDMENTS TO SECTION 5 OF WELLINGTON’S CHARTER RELATING TO TERM OF OFFICE BY AMENDING SECTION 5, SUBSECTION G, “FILLING OF VACANCIES” BY ELIMINATING THE ABILITY OF COUNCIL TO APPOINT PERSON(S) TO FILL VACANCIES AND PROVIDING FOR SPECIAL ELECTION WHERE THE REMAINING UNEXPIRED TERM IS 180 DAYS OR MORE AND BY ADDING A NEW SUBSECTION (c) PROVIDING THAT A FORMER MAYOR OR COUNCILMEMBER IS INELIGIBLE TO RUN IN A SPECIAL ELECTION IF THEIR RESIGNATION OR REMOVAL FROM OFFICE CUASED THE NEED FOR SUCH SPECIAL ELECTION; PROVIDING FOR SUBMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF WELLINGTON AT THE ELECTION TO BE HELD ON AUGUST 30, 2016; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR PUBLICATION; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ms. Cohen introduced the item. Council decided that Question No. 4 was not needed. Regarding Question No. 3, Vice Mayor McGovern stated they would have saved $35,000 by having elected that seat during the election they just conducted versus conducting a special election 90 days later. Ms. Cohen thought he was wanting her to draft something that says the "irrevocable resignation triggers the requirement for a special election." Vice Mayor McGovern noted Question No. 1 had to pass for this to matter. Ms. Cohen thought they could potentially have a problem and wondered if this should be done in phases. She said that if they use Question No. 3 and Question No. 1 fails, they will have a provision in their Charter that says the irrevocable letter of resignation triggers the requirement for a special election, but they do not have a special election procedure for filling a vacancy. Regarding Question No. 1, Vice Mayor McGovern asked if they could add "but if the election is triggered by resignation pursuant to 99.012 said election shall occur during the already scheduled upcoming municipal election" to Section B on page 290, where they discussed the 75 and 180 days, without changing the summary or the question. Councilman Napoleone stated they would not need Question No. 3 at that point, if Question No. 1 passes. Ms. Cohen stated she was going to bring Council one question tomorrow with a revised ordinance title, combine paragraphs A & B, eliminating C and adding the language they just discussed. Council agreed. Village of Wellington Page 12 Village Council Workshop Action Summary - Final May 23, 2016 R. 16-0150 DISCUSSION AND DIRECTION RELATED TO A PROPOSED PUBLIC MEETING CONCERNING THE FLUORIDATION OF WELLINGTON’S DRINKING Mr. Schofield introduced the item. He stated this item is for discussion and direction related to bringing back the fluoridation of Wellington's drinking water. He indicated staff was recommending having an open public hearing on June 28th. Bill Riebe, Utilities, stated staff was looking for Council's direction on the meeting time and place to allow the proponents and opponents to have proper notice. He provided Council with a PowerPoint presentation that summarizes the issue and suggested that this information be accessible on the Village's website. He also provided Council with reading material from various organizations related to drinking water and fluoridation and stated they could find additional information on the Internet. Councilman Drahos asked if staff made a recommendation. Mr. Schofield stated staff would make a recommendation if Council asks for one. Mr. Riebe indicated the Village has fed fluoride into the drinking water successfully for many years without any incident. He stated staff does not oppose it, but they will do whatever Council directs them to do. Councilman Drahos asked if staff could provide a recommendation from an operational standpoint as to whether it was feasible. Mr. Riebe stated it was feasible. However, There will be a cost of approximately $350,000 to build back the facilities because they were demolished due to the prior Council's decision. Mr. Schofield stated that they would be upgrading the facilities even if the Village had continued fluoridating its drinking water. Mayor Gerwig said she wanted to read the minutes, because it was her understanding the prior Council's direction was to only discontinue adding the fluoridation to the drinking water and nothing else. Mr. Riebe explained the fluoridation process and the standards and regulations that apply. Councilman Drahos asked whether or not Council had to vote in favor of had to vote in favor of the $350,000 expense if they voted in favor or reinstituting fluoride. Mr. Riebe explained that staff would be bringing to Council in September a $12,000,000 water plant project. He stated they would like to incorporate that expense into the scope of work. He said if Council directs staff on June 28th to move forward with fluoridation, they could amend the task order with their engineer and design the facility including that as part of the bid. He stated that when they come back to award the construction contract, it will have already been included in the budget for the water plant. Mayor Gerwig stated that her concern was to make sure everyone knew the meeting for fluoridation was taking place, so they could weigh in on it. No changes were recommended by Council. S. 16-0167 COUNCIL APPOINTMENT OF BOARD AND COMMITTEE MEMBERS Village of Wellington Page 13 Village Council Workshop Action Summary - Final May 23, 2016 Mr. Schofield introduced the item. He stated that this item is for Council's selection of new appointments to the Architectural Review Board, Construction Board of Adjustment & Appeals, Education Committee, Equestrian Preserve Committee, Parks & Recreation Advisory Board, Planning, Zoning & Adjustment Board, Public Safety Committee, Senior Advisory Committee and Tree Board. Council announced their preliminary appointees: ARCHITECTURAL REVIEW BOARD Vice Mayor McGovern appointed Deidre Newton. Councilman Drahos appointed Roger Grave de Peralta. Mayor Gerwig appointed Kimberly Sundook. Councilman Napoleone and Councilwoman Siskind were undecided. Mayor Gerwig recommended Terrance Bailey and Mr. Kline. CONSTRUCTION BOARD Councilman Drahos, Councilwoman Siskind and Councilman Napoleone were undecided. Mayor Gerwig said she would contact Tripp Long to see if he was interested in serving. Vice Mayor McGovern appointed Terrance Bailey and indicated Mr. Tumin wanted to continue to serve. Mr. Schofield noted that Council had the he freedom reach out to anyone, as it was not necessary to select their appointments from the list of applicants provided by staff. Mayor Gerwig asked if Mr. Browning would be precluded from serving, because he works in the Village. Ms. Cohen said that f he or his company was involved in any projects, it would be a conflict. EDUCATION BOARD Mayor Gerwig appointed Ruthann Retterbush. Councilman Drahos appointed Francine Nelson. Vice Mayor McGovern appointed Marcia Hayden. Councilwoman Siskind appointed Shelly Albright. Councilman Napoleone said he may select Stephen Levin. Beth Gillespie, Donna Baxter and Monica Hart were discussed as possible appointees. EQUESTRIAN PRESERVE Councilman Drahos appointed Carol Cohen. Councilman Napoleone appointed Sergio Guerreiro. Vice Mayor McGovern and Councilwoman Siskind were undecided. Mayor Gerwig appointed Dr. Lund. PARKS AND RECREATION ADVISORY BOARD Mayor Gerwig said she was going to contact Dr. Falzone since he had not responded. Councilman Napoleone, Councilman Drahos and Councilwoman Siskind were undecided. Vice Mayor McGovern appointed Jason Weiss. Mayor Gerwig said Bill Flack would be a good member for any board. She also Village of Wellington Page 14 Village Council Workshop Action Summary - Final May 23, 2016 stated MaryJo Shockley would be great. PLANNING, ZONING AND ADJUSTMENT BOARD Councilman Drahos appointed Elizabeth Mariaca. Mayor Gerwig appointed Kenneth Kopp. Vice Mayor McGovern appointed Alan Shullman. Councilman Napoleone was undecided. Councilwoman Siskind appointed Jeffrey Robert. Councilman Drahos suggested appointing this committee first at tomorrow's Council Meeting. Council agreed. PUBLIC SAFETY Councilman Drahos appointed Ron Herman. Vice Mayor McGovern, Councilman Napoleone and Councilwoman Siskind were undecided. Mayor Gerwig was leaning towards Jacqueline Hutman. Mayor Gerwig indicated, for the record, they were not making any decisions today. She said this process was just to help with their discussion tomorrow night. Mr. Schofield stated their individual picks did not require Council ratification, so they could do that anytime. Mayor Gerwig stated Andrea Defonte, Angie Bernstein and Steven Rosenbaum would be great choices. SENIOR ADVISORY COMMITTEE Vice Mayor McGovern appointed Sharon Lascola. Councilman Napoleone appointed Jose Soto. Mayor Gerwig appointed Howard Trager. Councilman Drahos said that he was considering Veronica McCue. Councilwoman Siskind was undecided. Mr. Schofield stated the Council members could remove their individual appointments if need be, but it would take a Council vote to remove At-Large appointments. Mayor Gerwig stated Sam Nebb would be a good choice. TREE BOARD Councilman Napoleone appointed Stormi Bivin. Vice Mayor McGovern appointed William Gross. Councilwoman Siskind was undecided. Mayor Gerwig appointed Rich Casola. Councilman Drahos appointed Debbie Evans. Ms. Cohen suggested staff call Dr. Sandell since he had not replied. 3. WORKSHOP There were None. 4. ATTORNEY'S COMMENTS Village of Wellington Page 15 Village Council Workshop Action Summary - Final May 23, 2016 Ms. Cohen spoke about the lengthy special magistrate hearing this past Thursday involving the Ritter cases. She said that the Village prevailed in both cases, but she expected an appeal. Ms. Callovi indicated staff provided Council with the Boards and Committees survey responses. 5. MANAGER COMMENTS There were None. 6. COUNCIL COMMENTS There were None. 7. ADJOURN Village of Wellington Page 16