Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, July 11, 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 July 11, 2016 1. CALL TO ORDER Councilmembers present: Anne Gerwig, Mayor; John McGovern, Vice Mayor; Michael Drahos, Councilman; Michael Napoleone; Councilman; Tanya Siskind, Councilwoman. Mayor Gerwig led the Pledge of Allegiance. Mayor Gerwig called the meeting to order at 4:30 p.m. Laurie Cohen, VIllage Attorney, mentioned the need to schedule a second shade session. After Council discussion, the shade session was scheduled for 9:00 a.m. on Friday, July 15th. EMPLOYEE OF THE MONTH Mr. Schofield stated that the Employee of the Month would be recognized at this meeting. Tanya Quickel, Director of Administrative & Financial Services, introduced Marisol Pearson, Financial Analyst, as the Employee of the Month. 2. REVIEW OF COUNCIL AGENDA Paul Schofield, Village Manager, presented the agenda for discussion and review. A. 16-0193 PRESENTATION TO COUNCIL BY CHIEF DEPUTY PROPERTY APPRAISER DOROTHY JACKS Mr. Schofield presented the item. He said that a presentation will be provided by Chief Deputy Appraiser, Dorothy Jacks. Vice Mayor McGovern asked how this item came to be. Mr. Schofield responded that a request was made by the Palm Beach County Property Appraiser's Office. It was his understanding that the presentation is being presented to all municipalities. There were no changes recommended. B. 15-1010 AUTHORIZATION TO AWARD A CONTRACT TO SCOTTY’S SPORT SHOP, INC. FOR THE PURCHASE AND DELIVERY OF SPORTS UNIFORMS Mr. Schofield presented the item. This is an authorization to award a contract to Scotty’s Sport Shop, Inc. for the purchase and delivery of sports uniforms. He advised that this was a sealed bid/low bid with local preference. Mr. Schofield said that the policy excludes a company whose headquarters’ is outside of Wellington but having a local office in Wellington. A business having a local office in Wellington with the work being done by that office should be considered for local preference. Village of Wellington Page 1 Village Council Workshop Action Summary - Final July 11, 2016 Mayor Gerwig asked the Council to think about the possibility of allowing businesses to use local office space to promote professional offices in Wellington as they look at the policy. Vice Mayor McGovern asked how it would be determined if the work is being done by the local office. Mr. Schofield stated that the criteria will be presented to the Council if this is something they are interested in doing. Mayor Gerwig asked that the Local Preference Policy be distributed to the Council for their review. Jim Barnes, Assistant Village Manager, spoke about the western communities geographic boundary as it relates to local preference. Mr. Schofield stated that he will bring back discussion related to local preference. The Council will receive the existing Local Preference Policy and staff recommendation. Vice Mayor McGovern asked for further information on the agenda item. He also asked why other bids that were significantly less costly were deemed non-responsible. Ed De La Vega, Purchasing Manager, explained that the uniforms are for recreational sports. Five bids were received. Some of the bidders were deemed non-responsive for failure to provide pricing on each line item. One bidder was deemed non-responsible because of prior work history in 2011 with the Village. Scotty's and BSN were the two lowest responsive bidders. However, Scotty's was able to price match the low bid because they were within the 5%. Consequently, staff is recommending awarding the bid to Scotty's based upon local preference. Mayor Gerwig asked if there would be a Consultants' Competitive Negotiation Act (CCNA) conflict in the future as they look at local preference and price matching. Mr. De La Vega advised that there would be local preference but there would not be a match. The local preference policy is based upon a Request for Proposal (RFP) or a Request for Qualification (RFQ) which falls under CCNA. Vice Mayor McGovern asked about the situation with the non-responsive bidder that occurred in 2011. Mr. De La Vega advised that the language in the bid document says that a contractor who has failed to perform faithfully in any previous contract with Wellington will not be awarded a contract. The Village Attorney agrees that the non-responsible bidder should not be awarded the contract based upon the language in the document. There were no changes recommended. C. 15-1015 AUTHORIZATION TO RENEW AN EXISTING CONTRACT WITH WESTERN COMMUNITIES TRANSPORTATION, INC. FOR SENIOR TRANSPORTATION PROGRAM SERVICES Mr. Schofield presented the item. This item is authorization to renew an existing contract with Western Communities Transportation, Inc. for senior Village of Wellington Page 2 Village Council Workshop Action Summary - Final July 11, 2016 transportation program services. Mr. Schofield stated that staff recommends that they renew the existing contract. Vice Mayor McGovern asked if this is the first renewal. Mr. Schofield responded yes. Mayor Gerwig asked how much was spent. Mr. De La Vega stated that approximately $60,000 was spent. Mayor Gerwig asked how much of those funds were from Community Development Block Grant (CDBG) funds. Mr. De La Vega responded $15,000. Vice Mayor McGovern asked if the money allocated to the program has been increased. Mr. Schofield responded yes. There were no changes recommended. D. 16-0142 AUTHORIZATION TO AWARD A CONTRACT FOR THE BLUE CYPRESS SUBDIVISION IMPROVEMENTS; AND APPROVAL OF RESOLUTION NO. R2016-52 FOR A BUDGET AMENDMENT TO ALLOCATE THE FUNDS REQUIRED TO COMPLETE THE PROJECT Mr. Schofield presented the item. This item is for authorization to award a contract for the Blue Cypress Subdivision improvements and approval of Resolution No. R2016-52 for associated budget amendment to allocate funds to complete the project. Mr. Schofield advised that this is a project that the developer did not complete timely. The Village pulled the bond which was approximately $167,000. Mr. Barnes stated that the total Letter of Credit was in the amount of $254,000. Mr. Schofield stated that the balance of the monies will be pulled as well. The Village will be approximately $77,000 delinquent. Staff is recommending putting in the entire amount plus a contingency. He noted that this is a three year old cost estimate and the project was underestimated. Councilman Drahos asked for the reason for noncompliance. Mr. Schofield stated that the road was to be built but that had never occurred. The developer had exceeded their time and there was some litigation. Laurie Cohen, Village Attorney, stated that the developer filed an injunction to prevent the Village from pulling the Letter of Credit. She spoke about a settlement agreement and a circuit court action stating that the developer had 33 months to construct the road and advised that they did not construct it within that time period. Councilman Napoleone asked if there was an urgency in pulling the bond. Ms. Cohen explained that the road had to be constructed because it removed frontage and the time limit was a part of the settlement agreement. The property owner that was affected wanted the road built. Mr. Schofield stated that they were obligated to build the road once the bond was pulled. Vice Mayor McGovern asked for more information regarding the $318,000 improvement costs and the $344,000 for the budget amendment. Mr. Schofield responded that the $318,000 was the bid amount and there was a $25,000 contract administration cost. Vice Mayor McGovern asked if the Village could oversee the project. Mr. Village of Wellington Page 3 Village Council Workshop Action Summary - Final July 11, 2016 Schofield stated that Village staff could oversee the project. However, another project may be contracted out because there is not enough engineering staff to handle all construction projects currently underway. Mayor Gerwig asked how much contingency is built in. Mr. Barnes stated that $344,000 was presented but there was $25,000 in contingency built in for unforseen costs. Also included was $25,000 estimated for engineering costs. Mr. Schofield stated that there is contingency built into the contract amount. Construction administration costs was also built in. The project costs may be $318,000 if the amounts built in are not used. Mayor Gerwig mentioned that the cost estimates were incorrect. Mr. Schofield explained that the cost estimates were done in 2013. Consequently, they were low. Vice Mayor McGovern asked why this issue was not addressed beforehand being that staff knew that they were relying on cost estimates done in 2013 when the bond was pulled in 2015. Mr. Schofield said that staff did not suspect that the low bid would be $318,000. Councilman Drahos said that he was concerned with the Legal Department not being involved when code enforcement deals are being negotiated. He went on to say that a settlement agreement would have obligated the land owner to comply. Additionally, there would have been a remedy to go to court and ask that the terms of the settlement agreement be enforced. Ms. Cohen stated that the remedy was the Letter of Credit which was negotiated in 2012 or 2013. The settlement was that the road be built. A Letter of Credit was required to ensure that this occurred. At that time, a certified cost estimate was done. Mr. Schofield stated that the cost estimate may have been underestimated. Councilman Drahos asked if staff could go to the entity entitled to the road and ask if they would release the Village from the obligation of having the road built. Ms. Cohen advised that she has spoken to the property owner's attorney and they want the road built. Councilman Drahos asked if the prior Councilmembers weighed in on the decision to pull the bond. In response, Ms. Cohen stated that the Engineering Department makes the decision to pull the bond. Councilman Drahos stated that Council members should have the option of weighing in on this decision. Mayor Gerwig stated that the builder may have been able to construct the road for less being that they were already mobilized on the site. Mr. Schofield stated that a private sector putting this out for bid may have gotten a lower price. However, the Village have requirements for insurance and ensurity that a private entity may not require. He noted that once the bond was pulled, the work had to be done. Controls are now in place to ensure that bonds do not get pulled without checks and balances. Councilman Napoleone asked why the bond was pulled. Ms. Cohen stated that Village of Wellington Page 4 Village Council Workshop Action Summary - Final July 11, 2016 the 33 months had expired and the property owner wanted the road built. Mr. Schofield stated that the sitting Council at the time was aware of the process. However, it was not discussed at an open meeting. Ms. Cohen suggested that future agreements include period checks on the amount of insufficiency of the bond or Letter of Credit. If there has been a change, the party providing the Letter of Credit should be required to supplement it. Mr. Schofield advised that the Code of Ordinances would have to be revised. Ms. Cohen stated that parties could mutually agree to terms within a settlement agreement. Vice Mayor McGovern asked why the Village was a party to this matter. Ms. Cohen stated that a site plan was submitted and approved by the Development Review Committee (DRC). It was presented to the Planning, Zoning & Adjustment Board (PZAB). It was later discovered that there was material misrepresentation in the application. There was a hearing and the DRC revoked the approval of the site plan. A litigation was filed and as a part of the settlement, the parties agreed that they would schedule a hearing with PZAB and if PZAB found that there was in fact material misrepresentation and after the applicants appeals were exhausted, they would then construct the road. A 33 month time period was included to to provide ample opportunity to pursue their appellate remedies. They did appeal and did not prevail and was given notice that the 33 month time period was going to expire. The road was not constructed and the Letter of Credit was pulled. An injunction action was filed disputing the start time of the 33 months and the Village prevailed. It was Council consensus to pull this item from the Consent Agenda and place it on the Regular Agenda. Mr. Schofield stated this will become Item No. 8C on the Regular Agenda. E. 16-0258 AUTHORIZATION TO: 1) AWARD A SOLE SOURCE CONTRACT FOR THE PURCHASE AND DELIVERY OF A ROAD BASE RECONSTRUCTION SOLUTION FOR OUSLEY FARMS ROAD; AND 2) UTILIZE AN EXISTING ANNUAL ASPHALT MILLING AND RESURFACING CONTRACT TO FURNISH AND INSTALL ASPHALT SURFACE COURSE, IF REQUIRED Mr. Schofield presented this item. He said that staff has been looking into ways to make the base material and shell rock roads last longer. Staff contacted a company called LandLock Natural Paving Solutions who applies chemicals to shell rock roads. Staff would like to utilize this chemical as a solution for problem areas. Mayor Gerwig stated that this will cost approximately the same amount as milling to repair the base. In response, Mitch Fleury, Public Works Administration, stated that it would have cost $45,000 if they had to mill and resurface the roadway. It will cost $35,000 to reconstruct the base. He was told that the base material can be used as a driving surface without pavement. The roadway will not look aesthetically pleasing so it will be based and paved. Mayor Gerwig asked if there will be a bump where the paved road ends. Mr. Fleury stated that there will be a transition. Mayor Gerwig stated that she supports the asphalt but asked for the Village of Wellington Page 5 Village Council Workshop Action Summary - Final July 11, 2016 advantage. Mr. Schofield explained that there has been a problem with the asphalt cracking. He explained that after milling and overlaying, the base still has be reworked and stabilized. The cracking indicates a problem in the subsurface and this process will correct the issue. Vice Mayor McGovern asked when Council will know if this has worked. Mr. Fleury stated that it will take approximately eight to twelve months to see results. Mr. Fleury spoke about the pigmentation and paving of the roadway and said that there will be a testing lab on-site. There were no changes recommended. F. 16-0276 ORDINANCE NO. 2016-06 (CORRECTION OF SCRIVENER’S ERROR IN SECTION 2-292 “REMOVAL OF BOARD AND COMMITTEE MEMBERS” AN ORDINANCE OF THE VILLAGE OF WELLINGTON, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, 2-292 ENTITLED “REMOVAL OF BOARD AND COMMITTEE MEMBERS” TO CLARIFY THE NUMBER OF UNEXCUSED ABSENCES THAT COULD RESULT IN REMOVAL AND TO CORRECT THE LAST SENTENCE OF SUBSECTION (A); PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield presented the item. There were no changes recommended. G. 16-0184 RESOLUTION NO. R2016-41 (APPROVING AND ADOPTING THE FY 2016/2017 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AND ADOPTING THE FY 2016/2017 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND A RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN; AUTHORIZING THE VILLAGE MANAGER TO FORWARD THE FY 2016/2017 ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield presented the item. Vice Mayor McGovern asked about the CDBG line item in the amount of $48,902. Mr. Barnes stated that it is a portion of the staff costs that is allowed to be recovered through the grant. Councilman Drahos asked if the funds are discretionary and questioned why they are broken down. Mr. Schofield stated that the amounts that are Village of Wellington Page 6 Village Council Workshop Action Summary - Final July 11, 2016 discretionary have been identified as priorities. He explained that a bulk of the funds are allocated to housing rehab programs for seniors and are income tested and that 20% of the loan is forgiven every year. There were no changes recommended. H. 16-0272 RESOLUTIONS ADOPTING PRELIMINARY TRIM RATES FOR WELLINGTON, THE ACME IMPROVEMENT DISTRICT AND THE SADDLE TRAIL PARK SOUTH NEIGHBORHOOD IMPROVEMENT AREA AS FOLLOWS: A. RESOLUTION NO. R2016-48 (ADOPTING THE PRELIMINARY AD VALOREM MILLAGE RATE FOR WELLINGTON FOR TRUTH-IN-MILLAGE ("TRIM") PURPOSES WITHIN THE JURISDICTIONAL BOUNDARIES OF WELLINGTON) A RESOLUTION OF THE COUNCIL FOR THE VILLAGE OF WELLINGTON ADOPTING THE PRELIMINARY AD VALOREM MILLAGE RATE FOR WELLINGTON FOR TRUTH-IN-MILLAGE (“TRIM”) PURPOSES FOR THE VILLAGE’S FISCAL YEAR 2016-2017 BUDGET WITHIN THE JURISDICTIONAL BOUNDARIES OF WELLINGTON; AND PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. AC2016-49 (ADOPTING THE PRELIMINARY NON-AD VALOREM ASSESSMENT RATE FOR ACME IMPROVEMENT DISTRICT FOR TRIM PURPOSES) A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ACME IMPROVEMENT DISTRICT ADOPTING THE DISTRICT’S PRELIMINARY NON-AD VALOREM ASSESSMENT RATE FOR TRUTH-IN-MILLAGE (“TRIM”) PURPOSES; AND PROVIDING AN EFFECTIVE DATE. C. RESOLUTION NO. R2016-50 (ADOPTING THE PRELIMINARY NON-AD VALOREM ASSESSMENT RATES FOR SOLID WASTE COLLECTION AND RECYCLING SERVICES FOR TRIM PURPOSES A RESOLUTON OF THE COUNCIL FOR THE VILLAGE OF WELLINGTON ADOPTING THE PRELIMINARY NON-AD VALOREM ASSESSMENT RATES FOR SOLID WASTE COLLECTION AND RECYCLING SERVICE FOR TRUTH-IN-MILLAGE (“TRIM”) PURPOSES WITHIN THE JURISDICTIONAL BOUNDARIES OF WELLINGTON; AND PROVIDING AN EFFECTIVE DATE. D. RESOLUTION NO. R2016-51 (ADOPTING THE PRELIMINARY NON-AD VALOREM ASSESSMENT RATES FOR THE SADDLE TRAIL PARK SOUTH NEIGHBORHOOD IMPROVEMENT AREA Village of Wellington Page 7 Village Council Workshop Action Summary - Final July 11, 2016 FOR TRIM PURPOSES A RESOLUTON OF THE COUNCIL FOR THE VILLAGE OF WELLINGTON ADOPTING THE PRELIMINARY NON-AD VALOREM ASSESSMENT RATES FOR THE SADDLE TRAIL PARK SOUTH NEIGHBORHOOD IMPROVEMENT AREA FOR TRUTH-IN-MILLAGE (“TRIM”) PURPOSES WITHIN THE JURISDICTIONAL BOUNDARIES OF WELLINGTON; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield presented the item. Tanya Quickel, Director of Administrative & Financial Services, advised that there will be a presentation and the budget reviewed at tomorrow night's Council meeting. She noted that there has been great response to the Budget Challenge. Christine Wadleigh, Budget & Reporting DIrector, added that there have been 225 responses to the Budget Challenge. Mayor Gerwig stated that she did not suggest extended hours. She asked the reason for the additional hours included in the budget and suggested that the hours of operation be from 8:00 a.m. to 5:00 p.m. Monday through Friday. She advised that in speaking to the residents, they would like to see a 5 day work week. They did not say that they would like to pay for a 5 day work week plus extended hours. She asked how many hours per week does this compute to. Ms. Quickel responded that 53 hours are included in the budget. Vice Mayor McGovern stated that the residents are vocal about wanting a 5 day work week. He said that he does not believe that the residents meant that they want the Village to be open for 53 hours a week. Councilman Drahos asked the rationale for the proposed hours. Mr. Schofield stated that 3,000 residents are being serviced between the hours of 7:00 a.m. and 8:00 a.m. and 5:00 p.m. and 6:00 p.m. If the Village is not open between those hours, residents will not have the same access. Councilman Napoleone said that he feels the extended hours are more beneficial because business can be done before or after work. Mayor Gerwig stated that in doing business with the Village, she would rather have a 4 day work week rather than a 5 day work week. However, in talking to the residents, they would like to do business on Fridays. She continued to say that residents cannot have both a 5 day work week and extended hours. It has to be one or the other. Vice Mayor McGovern suggested one or 2 days of extended hours. Mr. Schofield stated that there are areas of the Village that he intends to remain on a 4 day work week such a the Pubic Works Department due to mobilization costs. Vice Mayor McGovern stated that the public wants access and efficiency and are more concerned about service functions done in Village Hall. Mr. Schofield stated that there have been discussions regarding a 5 day work week for a number of years. There was thought given to keeping those areas Village of Wellington Page 8 Village Council Workshop Action Summary - Final July 11, 2016 that are regularly used open such as the Customer Service Department. However, if the Village is going to be open for 5 days, every department has to be open for business. Mayor Gerwig stated that she believes that the Council would like to see hours of operation from 8:00 a.m. to 5:00 p.m. in Village Hall. However, because it benefits everyone to have extra time time, she suggested that schedules be determined by staff. Councilman Drahos asked for the amount budgeted for a 5 day work week and extended hours. Ms. Quickel stated that the current budget with the full extended hours is an additional $295,000. Mayor Gerwig asked for the cost if only 1 day of extended hours was proposed. Ms. Quickel responded that the cost for 1 day of extended hours would be approximately $200,000. She noted that this amount was not looked at specifically. Mr. Schofield stated that accurate numbers will be calculated during the budget process. I. 16-0281 PALM BEACH POLO PRESENTATION A request was received to remove this item from the agenda. 3. WORKSHOP There was none. 4. ATTORNEY'S COMMENTS There was none. 5. MANAGER COMMENTS Mr. Schofield announced that he would be out of the office on vacation for two weeks beginning on Friday, July 15th. 6. COUNCIL COMMENTS There was none. 7. ADJOURN Village of Wellington Page 9