Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, January 23, 2017 4:00 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 January 23, 2017 1. CALL TO ORDER Mayor Gerwig called the meeting to order at 4:00 P.M. Councilmembers present: Anne Gerwig, Mayor; John McGovern, Vice Mayor; Michael Napoleone, Councilman; Tanya Siskind, Councilwoman. Councilman Drahos was not present. Advisors to Council: Paul Schofield, Manager; Laurie Cohen, Esq., Attorney; Jim Barnes, Assistant Manager; Tanya Quickel, Director of Administration and Financial Services; Rachel R. Callovi, Clerk. 2. PLEDGE OF ALLEGIANCE Mayor Gerwig led the Pledge of Allegiance. 3. 17-0750 EMPLOYEE OF THE MONTH FOR THE MONTH OF JANUARY, 2017 – STEVE FARRIS This item was heard after Consent Agenda Item 6A - Minutes of the Regular Wellington Council Meetings of December 13, 2016 and January 10, 2017. 4. REVIEW OF COUNCIL AGENDA Mr. Schofield explained at the end of the Council Agenda Review meeting, staff would be discussing the revisions to the Code Compliance Fine Reduction Policy and would be seeking Council's direction. A. 17-0829 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF DECEMBER 13, 2016 AND JANUARY 10, 2017 Mr. Schofield introduced this item. This item is for Council approval of the Minutes of the Regular Wellington Council Meetings of December 13, 2016 and January 10, 2017. 17-0750 EMPLOYEE OF THE MONTH FOR THE MONTH OF JANUARY, 2017 – STEVE FARRIS At this point Ms. Quickel introduced the Employee of the Month of January, 2017, Steve Farris. She gave an overview of Mr. Farris history and service with the Village. Council extended their congratulations. Mr. Farris thanked Council and staff for assisting him throughout the years at Lake Wellington Professional Centre in providing customer satisfaction, courtesy and professionalism to all the tenants. He explained that both himself and his staff try very hard to bring the highest level of service to everyone. There were no changes recommended. B. 17-0624 AUTHORIZATION TO RENEW AN EXISTING CONTRACT WITH ZAMBELLI FIREWORKS MANUFACTURING CO. FOR THE ANNUAL JULY 4TH FIREWORKS DISPLAY Mr. Schofield introduced this item. This item is for the authorization to renew an existing contract with Zambelli Fireworks Manufacturing Co. for the annual Village of Wellington Page 1 Village Council Workshop Action Summary - Final January 23, 2017 July 4th fireworks display in the amount of $35,000. Vice Mayor McGovern stated that he heard comments that the Village's fireworks display was falling behind other communities. In response Mr. Schofield said Mr. Delaney would make sure additional fireworks would be added to the next show. He noted the contract would be sent out to bid in 2018. There were no changes recommended. C. 17-0667 AUTHORIZATION TO UTILIZE A CLAY COUNTY CONTRACT FOR THE PURCHASE, DELIVERY AND INSTALLATION OF PLAYGROUND EQUIPMENT, SURFACING AND A SHELTER FOR HAWTHORNE PARK Mr. Schofield introduced this item. This item is for the authorization to utilize Clay County contract #13/1408, with RFP Services, Inc. and Robertson Industries, Inc., as a basis for pricing to provide playground equipment, surfacing and a shelter for Hawthorne Park at a cost of $94,383.03. Mr. Schofield explained the request was for Phase Two of the Hawthorne Park project. Mr. De La Vega gave an overview of the project and explained; 1) REP Services would provide the play structure and the shelter; and 2) Robertson Industries, Inc. would provide the tot turf. Mayor Gerwig asked if the final products being used were similar to the materials located at Goldenrod Park. Mr. Barnes replied affirmatively. Mayor Gerwig asked if the ADA requirements were adhered to along the concrete sidewalks and pathways when traveling to the basketball court. Mr. Barnes said access was available to the play structure and ADA compliant transfer modules would be available within the entire park. Vice Mayor McGovern asked if the equipment being installed had a warranty and asked what the expected life was. Mr. Barnes stated the expected life of the equipment was based on how well the equipment was maintained, but the general warranty was for one year. He noted that several of the pieces of the the Village's existing equipment have been replaced by the local vendor over a span of three to five years depending on the maintenance being provided. He noted the general expected life span was 8 to 10 years and some of the equipment lasts even longer. He explained the expected life span of the safety surfacing was based on the regular and customary expected use and the Village's maintenance. Vice Mayor McGovern said the play station seemed smaller than the one that was currently located at Goldenrod Park. Mr. Barnes said he was not sure of the size but the play station was in accordance with the size specifications of the area in which it was to be installed. Mr. De La Vega noted the tot turf safety surfacing warranty was for 5 years. There were no changes recommended. D. 17-0766 AUTHORIZATION TO CONTINUE AN AGREEMENT FOR Village of Wellington Page 2 Village Council Workshop Action Summary - Final January 23, 2017 SUPPORT, MAINTENANCE, LICENSES AND RENTAL OF THE VILLAGE'S TIMEKEEPING AND PERFORMANCE REVIEW SYSTEM Mr. Schofield introduced this item. This item is for the authorization to continue an agreement for support, maintenance, license and rental of the Village's timekeeping and performance review system with Kronos Incorporated at a cost of approximately $35,500.00 for fiscal year 2017. In reply to Mayor Gerwig's question regarding what the Kronos system was used for, Mr. Schofield noted the system has been used for payroll timekeeping since 2014. He indicated that in 2016, the employee performance review module was added to the system. Vice Mayor McGovern asked if the annual $30,000 cost was a recurring cost. Mr. Schofield replied affirmatively, and explained the system was used to track all the Village's 300 plus employees. Vice Mayor McGovern asked if the time clock devices were located in multiple locations. Mr. Schofield explained there were time clocks at every building and in some of the buildings there were multiple time clocks. He stated that employees were able to handle their timekeeping by using a laptop or a computer if they do not have access to a time clock. There were no changes recommended. E. 17-0705 AUTHORIZATION TO AWARD A TASK ORDER FOR DESIGN FINALIZATION AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE 2017 WATER TREATMENT PLANT RENEWAL AND REPLACEMENT PROJECT Mr. Schofield introduced this item. This item is the authorization to approve a task order with Kimley Horn and Associates, Inc. in the amount of $1,025,850 for design finalization and construction phase services for the 2017 Water Treatment Plant Renewal and Replacement Project. Mr. Schofield explained the last analysis of the Utility System was done in 2008 and 2009 but currently staff was analyzing the operations of the water plants, lift stations, collection and distribution systems as well as reviewing the cost of the Capital Projects especially due to the increase in the cost of concrete. He indicated the service would serve as a design and evaluation of the Village's utility system. Ms. LaRocque said the project was to include redesigning the control room along with construction phase services for the Water Plant and noted the project would take approximately two years due to the complexity of the system. There were no changes recommended. F. 17-0802 AUTHORIZATION TO AWARD A TASK ORDER TO PROVIDE ENGINEERING SERVICES FOR THE WASTEWATER LIFT STATION EVALUATION Mr. Schofield introduced this item. This item is for the authorization to award a task order to Mock Roos and Associates, Inc. to provide engineering services Village of Wellington Page 3 Village Council Workshop Action Summary - Final January 23, 2017 for the Wastewater Lift Station Evaluation at a cost of $35,562.00. Mr. Schofield explained the project would serve to rehabilitate or replace existing sewage lift stations and staff anticipates improving nine lift stations each year. Mayor Gerwig explained she needed to recuse herself due to a conflict with Mock Roos and Associates. She then left the Conference Room. Mr. Schofield stated the agenda item would need to be removed from the Consent Agenda and moved to Regular Agenda as Item 8E. Ms. LaRocque explained that a preliminary design report was needed in order to obtain the scope of work and budget the tasks for the following years and to add to the capital budget improvement program for the maintenance and replacement needed. She indicated a complete rehabilitation of the stations would be provided. Vice Mayor McGovern asked when the last evaluation was done. Mr. Barnes said the last evaluation was done in 2009. He said moving forward, the first step of the task would provide a condition assessment of each of the lift stations in the Village. Ms. LaRocque added there were 110 lift stations in the Village. Councilman Napoleone asked if the evaluation would have to be done annually. Mr. Barnes replied affirmatively. Mr. Barnes indicated the scope of work would vary for each lift station. He explained some of the lift stations were recently updated but minor requirements were needed to bring them up to the required standards and the practice would take ongoing rehabilitation. Mr. Schofield indicated ongoing rehabilitation was the norm for the Village but in the past staff had not provided Council with an in-depth explanation of the work entailed. He noted that Ms. LaRocque's approach was very proactive in providing documentation to Council with the tasks involved for the rehabilitation of the lift stations. There were no changes recommended. G. 17-0826 AUTHORIZATION TO AWARD A TASK ORDER TO PROVIDE HYDROGEOLOGIC CONSULTING SERVICES FOR A RAW WATER SUPPLY AND WELLFIELD EVALUATION Mr. Schofield introduced this item. This item is for the authorization to approve a task order to Kimley-Horn and Associates, Inc. to provide hydrogeologic consulting services for a Raw Water Supply and Wellfield Evaluation ata cost of $38,324.00. Mayor Gerwig then rejoined the meeting. Mr. Schofield stated the Village has 18 water supply wells. The newest well was 12 years old and the oldest was 35 years old and the life spans were relatively long but require regular ongoing maintenance. He indicated the task order would provide recommendations of the needs for the well maintenance that Village of Wellington Page 4 Village Council Workshop Action Summary - Final January 23, 2017 were currently in service. Councilman Napoleone asked if all of the wells would be evaluated. Ms. LaRocque replied affirmatively and said that all the wells would be assessed. Vice Mayor McGovern asked if an annual ongoing evaluation would be provided. Ms. LaRocque explained an annual evaluation would be needed for the Village's water supply wells. She said the water plants serve as the heart of the utility systems and the wells serve as the blood. Mr. Schofield noted the annual evaluations have been occuring in the past to date. Mayor Gerwig asked for the procedure for the bid. Ms. LaRocque noted a bid was not needed because the task order was for consulting services and the cost was under $25,000. Mr. Barnes noted in the future when going out to CCNA Service, Council would note the new service added; Hydrogeologic Services, which was covered by the same firm but the Village would obtain the service from a separate consultant. There were no changes recommended. H. 17-0816 RESOLUTION NO. R2017-04 (INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL DESIGNATING THE VILLAGE OF WELLINGTON PARKS AND RECREATION ADVISORY BOARD AS THE VILLAGE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE; ESTABLISHING THE RESPONSIBILITIES AND DUTIES OF THE OVERSIGHT COMMITTEE; ESTABLISHING THE PROCEDURES FOR THE CONDUCT OF MEETINGS AND OPERATIONS; ESTABLISHING A SUNSET DATE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Schofield introduced this item. This item is for the approval of Resolution No. R2017-04 designating the Village of Wellington Parks and Recreation Advisory Board (PRAB) as the Village Infrastructure Surtax Citizen Oversight Committee; establishing the responsibilities and duties of the Oversight Committee; establishing the procedures for the conduct of meetings and operations; establishing a sunset date; providing an effective date; and other purposes as required by Palm Beach County Ordinance Bo. 2016-032. Mr. Schofield noted the current agenda item and the following Agenda Item (Resolution No. R2017-05) Establishing The Sales Surtax Fund Budget For Fiscal Year 2016/2017) were related to each other. Mayor Gerwig said she was leaning towards Planning, Zoning and Adjustment Board (PZAB) as being the Oversite Committee. Vice Mayor McGovern asked staff for the scope of work for the Oversite Committee. Ms. Quickel noted based on the projects selected by Council, the committee Village of Wellington Page 5 Village Council Workshop Action Summary - Final January 23, 2017 would meet frequently. The collection of the funds would happen in late March and afterwards staff would ask Council for the selection of projects to task for the Board. She felt the committee could meet monthly but would recommend a quarterly meeting and one to two projects would be provided to the committee during the year. Mr. Schofield explained in the past and throughout the years PRAB has reviewed capital projects and provided recommendations for approvals but PZAB has not, which was the reason staff was recommending PRAB as the Oversight Committee. Councilman Napoleone said he agreed with staff's selection of PRAB especially due to PZAB's heavy load and upcoming lengthy meetings. Councilwoman Siskind agreed with staff's selection of PRAB for the Oversight Committee. Mr. Barnes noted the additional task would be an addition to PRAB's current scope of work. Mayor Gerwig agreed to having the Oversight Committee be comprised of the Village of Wellington residents and said future Council's could change the members. Mr. Schofield said Council could change the members at anytime. There were no changes recommended. I. 17-0849 RESOLUTION NO. R2017-05 (ESTABLISHING THE SALES SURTAX FUND BUDGET FOR FISCAL YEAR 2016/2017) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ESTABLISHING THE SALES SURTAX FUND BUDGET FOR FISCAL YEAR 2016/2017 IN THE AMOUNT OF $2.47 MILLION; ALLOCATING THE FUNDS FOR REVENUE AND FUTURE PROJECT EXPENSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced this item. This item is for the approval of Resolution No. R2017-05 establishing the Sales Surtax Fund Budget for fiscal year 2016/2017 in the amount of $2.47 million; allocating the funds for revenue and future project expense; and providing an effective date. Mr. Schofield explained the agenda item was for Council's approval of the process to establish the budget fund and not to approve expenditures or revenues. There were no changes recommended. J. 17-0834 COUNCIL DIRECTION REGARDING THE APPOINTMENT OF A COMMUNITY MEMBER AND AN ALTERNATE TO THE CANVASSING BOARD Mr. Schofield introduced this item. This item is a request from staff for direction from Council regarding the appointment of a community member and an alternate to the Canvassing Board for the upcoming 2018 election. Village of Wellington Page 6 Village Council Workshop Action Summary - Final January 23, 2017 Ms. Cohen noted two members of Council could be running during the upcoming election on March 13, 2018. She said the Canvassing Board consists of the members of Council not running for re-election and the Village Clerk. She noted pursuant to the Charter, a community member and an alternate were needed to serve as a member of the Canvassing Board in order to have an odd number and the selection needed to be obtained a year in advance. Ms. Cohen stated the process was not specific in the Charter and she was looking for Council's direction regarding the process. Councilman Napoleone asked for the appointment deadline. Ms. Cohen said the deadline would be March 13, 2017. Mayor Gerwig asked for the process if one of the two Councilmember's does not run for office. Ms. Cohen indicated the community members would then not be used. She said the Village's expectation was if the community member was going to run for office, they should not be nominated for the Canvassing Board. Vice Mayor McGovern said Council could speak individually to different people in the community and felt that applications were not needed. Councilman Napoleone asked staff to provide Council with a memo indicating the Canvassing Board's functions and restrictions involved. Ms. Cohen said she would provide Council with a memo. Vice Mayor McGovern noted there were a number of judges and retired judges living in Wellington and said Council could ask them to volunteer for the appointment. Ms. Cohen replied affirmatively and said they could only serve as volunteers. She explained the Chief Judge said if there was a provision in the Charter mandating that a member of the judiciary court could be on the committee, he would not agree with the provision. Councilman Napoleone asked Ms. Cohen for disqualifying conditions. Ms. Cohen said the Charter does not include disqualifying conditions or residency requirements but she suggested Council to appoint Wellington residents. Council agreed that all of the nominees needed to be eligible to vote. There were no changes recommended. K. 17-0839 DISCUSSION OF THE VILLAGE ATTORNEY’S EMPLOYMENT AGREEMENT Mr. Schofield introduced this item. This item is for Council discussion of the agreement between Wellington and the Village Attorney. Mr. Schofield noted staff was asking Council to designate a member of Council to negotiate the terms of the Village Attorney's Employment Agreement. Mayor Gerwig said Vice Mayor McGovern handled the negotiation of Ms. Cohen's last agreement. Mayor Gerwig said the discussion to finalize who would negotiate Ms. Cohen's contract would be discussed at tomorrow night's Council meeting when all the Councilmembers were present. Village of Wellington Page 7 Village Council Workshop Action Summary - Final January 23, 2017 There were no changes recommended. 5. MANAGER COMMENTS Mr. Schofield stated he would like to have a moment of silence for Tom Hollihan. Council agreed to have a moment of silence. Mayor Gerwig thanked staff for the event celebrating his life. 4. ATTORNEY'S COMMENTS Ms. Cohen reminded Council about the Shade Session being held tomorrow at 6:00 P.M. for the Birkdale damages case regarding the dumping of debris on the site. Ms. Cohen noted she provided Council with a copy of the Order declining to award sanctions in the flooding case where the judge declined to award the sanctions to the Village which could be appealed and was asking for Council's direction. Councilman Napoleone said he was against appealing the court's decision. Vice Mayor McGovern said he was against appealing the court's decision. He said the documents needed to be kept close due to having a persuasive manner on a different judge under a different action. Mayor Gerwig said she was against appealing the court's decision. Mayor Gerwig reminded everyone the Acme Landowner's Meeting would be held after the Council meeting. 3. WORKSHOP A. 17-0292 CODE COMPLIANCE FINE REDUCTION POLICY Mr. Schofield introduced this item. This item is for the approval of the proposed code compliance fine reduction policy revision. Mr. Schofield introduced Mr. Steven Koch, Code Compliance Manager. Mr. Koch provided an overview of the Wellington Code Ordinance Section 2-199 and Florida Statute 162; 1) mechanism to provide fine reductions once compliance was achieved; and 2) in 2015 staff was directed to adopt Policy PD 2015-01 which limited the Code Compliance Manager's settlement authority to a maximum of 80% of the fine. Upon Council's request to revisit the policy, Mr. Koch stated staff reviewed the fine reduction policy and was recommending a full settlement authority be returned to the Code Compliance Manager. He noted staff would be using the 80% amount as a benchmark especially during the litigation process or a foreclosure situation. Village of Wellington Page 8 Village Council Workshop Action Summary - Final January 23, 2017 Ms. Cohen explained if a property was under bankruptcy, the Village would not be able to collect sums that were due on an outstanding lien. She said if the bankruptcy was discharged, the Village would be unable to recuperate the funds. With a foreclosure, Ms. Cohen noted, the procedure was different; a lis pendens and the Village's judgment for costs or liens could be foreclosured out depending on when the judgment was recorded. She explained if there was a party willingly wanting to purchase the property out of the foreclosure and resolve the issue, there could be room to negotiate the amount. Mr. Schofield explained the common issue was when the property was in foreclosure and there was a sale pending. In that case, staff was looking to provide; 1) new buyers willing to sign an agreement to handle all the repairs in a specific time period but if the repairs were not completed within that specified time, then the lien amount would revert back. Ms. Cohen indicated assuming the lien on a property that has not been foreclosed would enable the lien amount to revert to the initial amount. She referred to the recent case law from the Fourth District Court of Appeals indicating a clarification regarding the effect and the timing of the Lis Pendens and if the situation continues after the final judgment was entered. If the lien was recorded prior to the final judgment being issued, the Village would be foreclosed out, but if the lien was recorded afterwards and before the sale, the lien would survive. Mayor Gerwig asked who had the authority to settle the fines before 2015. Mr. Koch said he had the authority to potentially settle the agreement of the fines. He explained in the event a settlement cannot be reached between the Village an a respondent, the fine reduction request would be presented to a Special Magistrate. He noted that at times in order to assist in having a sale move forward, the fine reduction lien settlement was used to speed the process since the Special Magistrate meetings were held once a month. He noted that buyers have limited times in which they could postpone their closing. Mayor Gerwig asked Mr. Koch if he noticed a change since the reduction policy was changed. Mr. Koch said the change that he noticed was; 1) there were several sales that were lost and homes that were not sold because of the 80% reduction on the lien, especially on homes that have been in foreclosure for several years; 2) increase in the cases going before the Special Magistrate for reductions which draws out the sale of the property; and 3) at times, the Special Magistrate does not apply staff's recommendations and makes the fine amount higher. Mayor Gerwig said she never approved having certain cases come before Council. She stated staff was handling the cases very well and preventing public embarrassment for the home owners. She wanted to revert to having Mr. Koch, the Code Compliance Manager having the full settlement authority in regards to the fine requests. Mr. Schofield stated he wanted Mr. Koch to meet with all the councilmembers individually regarding staff's recommendation and afterwards hold a public meeting with discussion. Councilman Napoleone asked if the document handed out was the proposed Village of Wellington Page 9 Village Council Workshop Action Summary - Final January 23, 2017 policy. Ms. Cohen replied affirmatively. Councilman Napoleone requested the red line version in order to see the revisions made to the policy. Ms. Cohen said Mr. Koch would provide Council with the red line version of the document. Vice Mayor McGovern verified that the intention was to lower the fees or waive the entire amount and provide the authority to Mr. Koch and his department. Mr. Schofield stated 80% of the fine reduction was a favorable number. The purpose of having code enforcement was to have compliance and not punishment within the Village. He indicated that staff usually does not settle with the repeat offenders but were willing to assist the first time offenders or residents that have certain circumstances. Mayor Gerwig asked if currently there were major amounts of foreclosure properties in the Village. Mr. Koch said the foreclosures were far less than what the amount was in 2010 during the peak period. Vice Mayor McGovern agreed with Mayor Gerwig. In the past some of the discussions with the residents that came before Council were tense, unpleasant and uncomfortable but he felt that Council needed to vest Mr. Koch with the discretion to move forward with the revised policy. Council commended Mr. Koch and his staff for their professionalism and hard work. Ms. Cohen stated that one of the magistrates mentioned to her that the Village's Code Compliance Department's staff maintains a high level of professionalism and are very well prepared for each hearing. ATTORNEY'S COMMENTS The Attorney's Report was presented after the Manager's Comments and before the Workshop. MANAGER COMMENTS The Manager's Comments were presented before the Attorney's report and before the Workshop. 6. COUNCIL COMMENTS None 7. ADJOURN Village of Wellington Page 10