Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, February 27, 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 February 27, 2017 1. CALL TO ORDER Mayor Gerwig called the meeting to order at 4:02 P.M. Councilmembers present: Anne Gerwig, Mayor; John McGovern, Vice Mayor; Michael Drahos, Councilman; Michael Napoleone, Councilman; and Tanya Siskind, Councilwoman. Advisors to Council: Paul Schofield, Manager; Laurie Cohen, Esq., Attorney; Jim Barnes, Assistant Manager; Rachel R. Callovi, Village Clerk. 2. PLEDGE OF ALLEGIANCE Mayor Gerwig led the Pledge of Allegiance. 3. 17-0887 PRESENTATION OF THE FEBRUARY 2017 EMPLOYEE OF THE MONTH – DREW ROBINSON Mr. Schofield introduced this item. This item is a presentation of the February 2017 Employee of the Month Award to Drew Robinson, Utility Systems Mechanic. He then introduced Shannon LaRocque. Ms. LaRocque introduced Mr. Robinson, Utilities Systems Mechanic and Karla Berroteran, Plant Superintendent from the Water Plant. She provided an overview of Mr. Robinson's history and service with the Village. Council extended their congratulations. Mr. Robinson thanked Council, staff, Laurie Hand and Randy Rennekamp for nominating him for Employee of the Month. He said he had the best job especially since he was able to use his creative skills to handle projects that usually were done by sub-contractors in other municipalities. He indicated that he felt very comfortable working for the Village because it felt like home. Ms. LaRocque explained that Mr. Robinson came to the Village after working with the General Contractor, Wharton Smith that handled the Water Plant expansion project. In doing so, he obtained invaluable skills and knowledge which was has been a asset to the Village. There were no changes recommended 4. REVIEW OF COUNCIL AGENDA Mr. Schofield noted that Resolution AC2017-02 VIllage Royale Water and Wastewater Easements agenda item information was provided to Council. He explained that the easement was dedicated by plat, has the Mayor's signature but needed to be brought to Council for final ratification. He asked for Council's direction to add it to the agenda under the Consent agenda. Mr. Drahos said that he was not provided with ample time to review the information and needed staff to provide an overview. Ms. LaRocque explained that the project was located on Southern Boulevard Village of Wellington Page 1 Village Council Workshop Action Summary - Final February 27, 2017 and SR 441 and was a related group project consisting of 392 apartments and the plat in question would ultimately dedicate the easements to the utility for future maintenance. Mayor Gerwig noted that the project was not a Village project but the utilities were in the Village's service area. Vice Mayor McGovern asked Ms. LaRocque why she stated the project would dedicate the easements to the utility for future maintenance. Ms. LaRocque said the on-site utilities were owned by the Village and if any future maintenance was needed, the easement was available to be used. Mr. Schofield noted the utility service was in the Village's service area and the bills for water service would include a 25% surcharge for providing water service outside of the Village of Wellington. Mr. Drahos asked why the resolution was needed. Ms. Cohen stated that the resolution would serve as the acceptance of the easements and authorize the Mayor to move forward in signing the plat. Mr. Barnes noted that the plat included a signatory requirement for the Village and for Acme, and the signature was a requirement to sign off on the dedication for the water and sewer utility portion but not for the entire development. Ms. LaRocque added that the signatory requirement was one of the final steps required by the Village of Royal Palm Beach in order for the project to proceed. Councilman Drahos said that he would approve placing the item under the Consent Agenda as long as the notice requirements were satisfied for tomorrow night's agenda. Ms. Cohen explained that the notice requirement was satisfied by noticing the meeting in advance which would include additional items being added to the published agenda. Vice Mayor McGovern asked if one consent agenda vote would satisfy the requirement. Ms. Cohen explained that Council sits as both the Acme Board and the Wellington Council and only one vote would be needed. Mr. Schofield indicated that in the past, agenda items have been on the same agenda that pertained to Acme and to the Village of Wellington since Acme is a dependant special district. Council agreed to place the item on the Consent Agenda as Item D. A. 17-0949 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF FEBRUARY 14, 2017 Mr. Schofield introduced this item. This item is for Council's approval of the Minutes of the Regular Wellington Council Meeting of February 14, 2017. There were no changes recommended. B. 17-0609 AUTHORIZATION TO CONTINUE UTILIZING A FLORIDA SHERIFFS ASSOCIATION (FSA) CONTRACT FOR THE PURCHASE OF TIRES AND RELATED SERVICES Mr. Schofield introduced this item. This item is for the authorization to continue utilizing a Florida Sheriffs Association (FSA) contract as a basis for pricing, for the purchase of tires and related services in the amount of Village of Wellington Page 2 Village Council Workshop Action Summary - Final February 27, 2017 approximately $38,000 annually. Vice Mayor McGovern asked for the amount of vehicles in the Village's fleet. Mr. Barnes said he was not aware of the exact amount but would obtain the amount of all types vehicles that were part of the Village's fleet. Mayor Gerwig asked if the contract was a piggy-back contract. Mr. De La Vega indicated that the contract was a piggy-back off of the Florida Sheriff's Association contract. Vice Mayor McGovern asked if the related services referred to the installation, mounting and balancing of the tires. Mr. Schofield replied affirmatively and explained the related services include the balance stems, balance sensors and other services but Village staff handles the mounting and balancing of the tires. There were no changes recommended. C. 17-0706 AUTHORIZATION TO AWARD A TASK ORDER FOR DESIGN FINALIZATION AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE 2017 WASTEWATER TREATMENT PLANT RENEWAL AND REPLACEMENT PROJECT Mr. Schofield introduced this item. This item is for the authorization to approve a task order with Kimley-Horn and Associates, Inc. in the amount of $1,211,490 for design finalization and construction phase services for the 2017 Wastewater Treatment Plant Renewal and Replacement Project. Ms. LaRocque explained that the item would provided the final design and construction for the Village's only wastewater treatment plant which treats six million gallons a day and the work would be administered by Kimley-Horn and Associates, Inc. She said the project would include significant renewal and replacement work at the existing plant on Pierson Road which was originally constructed in 1983; the last expansion was made in 2012. She gave an overview of the scope of work needed: 1) rehabilitating the primary treatment systems; 2) rehabilitating the blower systems; 3) rehabilitating the odor control; 4) adding a new control room; 5) plant upgrades; and 6) constructing new digesting equipment. She indicated the digester/blower equipment was in the approved capital budget but has not been designed. She explained that the original project was designed by a different firm whose contract has since expired. The project was sent out to bid but due to numerous bidding questions, staff decided that it was in the Village's best interest, to cancel the project as originally bid. She explained that the current work order included: 1) Kimley-Horn and Associates, Inc. to become the successor engineer; 2) redesign the project; 3) provide a new digestion equipment project; 4) construction phase services; 5) full time project management; and 6) full time field inspector services. She said the project was valued at $13.2 million; $550,000 was for engineering services; $662,000 was for construction phase services and the project's time frame was two years. Vice Mayor McGovern asked for the cost of the prior engineer. Ms. LaRocque said the prior engineer's cost was $360,000. Ms. LaRocque noted the project would allow for Kimley-Horn and Associates, Inc. to: 1) complete the entire project; 2) manage the project during the two Village of Wellington Page 3 Village Council Workshop Action Summary - Final February 27, 2017 year construction period; and 3) provide full time construction and administration. She said the Village's inhouse staff do not have the qualifications needed to handle the project and said she felt very confident moving forward. Councilman Drahos asked why there was a change of engineers. Ms. LaRocque said the reasons were: 1) the project was put out to bid too early; 2) there was a large amount of change orders; and 3) a large amount of cost overruns. She explained after she noticed the issues, she gave her recommendation to pull the project to Mr. Barnes and Mr. Schofield. Additionally, she recommended as the project moved forward, to incorporate the other project that had not been designed and create one big package in order to possibly obtain a price reduction. Councilman Drahos asked for the services that were provided after the Village paid $360,000. Ms. LaRocque stated that 75% of the plans were provided to the Village, and felt that the amount was reasonable since the project was very large. She explained that a large amount of the existing plans would be reused by Kimley-Horn and Associates, Inc. but some would need to be redesigned. Ms. LaRocque stated $550,000 was for Kimley-Horn and Associates, Inc. to be the successor engineer and to design the additional things that were neccessary. Mr. Barnes explained that the prior consulting firm of NWH was retained by the prior utility director and the documents were permit level documents and were submitted but due to irreconcilable differences, staff terminated their contract and paid them for the work that they completed to date. The documents were bid out and the price was reasonable but after Ms. LaRocque came on board, she reviewed the documents and had questions regarding the documents and found additional scope items that were not included in the initial project. He noted that staff's recommendation at that time was to look at the project as one and obtain a new successor engineer. He said the State of Florida Statute states that calculations were needed in order to rerun and affix the seal on the documents and have the Village be the responsible party for the new documents since the Village does not have a contract with the previous engineer. Ms. LaRocque noted if the Village did not change engineers then two large projects would be taking place at the same time by two different contractors. In order to coordinate operations and ensure no down time, it would be very difficult having two contractors handling and trying to blend both projects. Vice Mayor McGovern asked if Ms. LaRocque felt that the cost would be reduced. She replied affirmatively and said only one project would be moving forward with one contractor and one project manager which would reduce the cost. Councilman Drahos asked Ms. LaRocque if she had experience working with Kimley-Horn and Associates, Inc. Ms. LaRoque said she had great deal of past experience and full confidence working with Kimley-Horn and Associates, Inc. Mr. Barnes said that Kimley-Horn and Associates, Inc. was one the Village's previous consultants and were currently working on the design for one of the Village of Wellington Page 4 Village Council Workshop Action Summary - Final February 27, 2017 Village's water plants. There were no changes recommended. D. 17-0871 ORDINANCE NO. 2016-16 (WINDING TRAILS COMPREHENSIVE PLAN AMENDMENT [CPA]) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A COMPREHENSIVE PLAN AMENDMENT [PETITION NUMBER 16-058(2016-021 CPA3)] TO AMEND THE FUTURE LAND USE MAP DESIGNATION FOR CERTAIN PROPERTY KNOWN AS WINDING TRAILS OF THE LANDINGS AT WELLINGTON PUD, TOTALING 65.45 ACRES, MORE OR LESS, LOCATED ON THE NORTH EAST CORNER OF AEROCLUB DRIVE AND GREENBRIAR BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN, FROM COMMERCIAL RECREATION TO RESIDENTIAL B (.1 DU/AC TO 1 DU/AC); TO EXTEND THE BOUNDARIES OF THE EQUESTRIAN PRESERVE AREA TO ENCOMPASS WINDING TRAILS OF THE LANDINGS AT WELLINGTON PUD; TO ADD THE PUBLIC AND PRIVATE BRIDLE TRAILS WITHIN WINDING TRAILS OF THE LANDINGS AT WELLINGTON PUD TO THE EQUESTRIAN TRAILS MASTER PLAN MAP AND THE EQUESTIAN CIRCULATION MAP WITHIN THE EQUESTRIAN PRESERVATION ELEMENT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. E. 17-0872 ORDINANCE NO. 2016-17 (EQUESTRIAN OVERLAY ZONING DISTRICT (EOZD) ZONING TEXT AMENDMENT (ZTA)) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING ARTICLE 6.10 OF THE WELLINGTON LAND DEVELOPMENT REGULATIONS BY CREATING SUBAREA F OF THE EQUESTRIAN OVERLAY ZONING DISTRICT; ESTABLISHING REGULATIONS FOR SUBAREA F OF THE EQUESTRIAN OVERLAY ZONING DISTRICT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. F. 17-0873 ORDINANCE NO. 2016-18 (WINDING TRAILS [FKA THE LANDINGS OF WELLINGTON PUD EXECUTIVE COURSE] REZONING) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A REZONING [PETITION NUMBER 16-059 (2016-022REZ)] FOR CERTAIN PROPERTY KNOWN AS WINDING TRAILS OF THE LANDINGS AT WELLINGTON PUD, TOTALING 65.45 ACRES, MORE OR LESS, LOCATED ON THE NORTHEAST CORNER OF AERO CLUB DRIVE AND GREENBRIAR BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; TO Village of Wellington Page 5 Village Council Workshop Action Summary - Final February 27, 2017 AMEND THE ZONING DESIGNATION FROM AGRICULTURAL RESIDENTAL/PLANNED UNIT DEVELOPMENT (AR/PUD) TO AGRICULTURAL RESIDENTIAL/PLANNED UNIT DEVELOPMENT/EQUESTRIAN OVERLAY ZONING DISTRICT (AR/PUD/EOZD); TO DESIGNATE WINDING TRAILS AS SUBAREA F OF THE EOZD; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. G. 17-0874 RESOLUTION NO. R2016-47 (THE LANDINGS AT WELLINGTON PUD MASTER PLAN AMENDMENT [MPA]) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A MASTER PLAN AMENDMENT [PETITION NUMBER 16-060 (2016-023 MPA 3)] AMENDING THE LANDINGS AT WELLINGTON PUD MASTER PLAN FOR CERTAIN PROPERTY KNOWN AS WINDING TRAILS (F.K.A. EXECUTIVE COURSE, AT THE LANDINGS AT WELLINGTON PUD), TOTALING 65.45 ACRES, MORE OR LESS, LOCATED ON THE NORTHEAST CORNER OF AEROCLUB DRIVE AND GREENBRIAR BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; TO DELINEATE WINDING TRAILS FROM POD “D” BY CREATING POD “D-1”; TO ALLOCATE 29 ACRES TO POD “D-1”; TO ALLOW NINE (9) DWELLING UNITS, NINE (9) BARNS WITH GROOMS QUARTERS AND A MAXIMUM OF 90 STALLS TO POD “D-1”; TO ADD THREE (3) ACCESS POINTS ALONG AERO CLUB DRIVE; TO ADD TWO (2) ACCESS POINTS ALONG GREENBRIAR BOULEVARD; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield explained that the four Public Hearing agenda items were related and Mr. Basehart and Ms. Ferraiolo would provide an overview of the agenda items. He noted that all of the conditions that Council requested during the prior Council meeting have been reviewed and the changes have been made. He directed Council to the addendum to the agenda that was provided for Council's consideration; Restrictive Covenant. Mayor Gerwig asked staff if the presentations for the four agenda items would be combined during the Agenda Review meeting and tomorrow night's, Council Meeting. Mr. Basehart replied affirmatively. Mr. Schofield noted the presentations of each agenda item would be combined but Council would have to vote separately on the four items. Ms. Cohen explained two of the agenda items were legislative and the other two were quasi judicial. The ex-parte disclosures and the swearing in of the witnesses could be handled at the beginning of the first agenda item, since staff was consolidating the four agenda items. Mr. Basehart provided an overview of the project: 1) comprehensive amendment portions of the project were transmitted to the State of Florida; 2) review was done by the State of Florida Department of Opportunity and the Village of Wellington Page 6 Village Council Workshop Action Summary - Final February 27, 2017 Treasure Coast Regional Planning Council; 3) letters of "No Issue" were received from both agencies; and 4) currently at the final hearing for the entire application. Mayor Gerwig asked if other parties have asked for time to speak other than the applicant. Ms. Cohen said that none of the other parties have requested time but her suggestion was that the prior parties were entitled to have the same time to speak as before since they made their request during the first hearing. Ms. Cohen said she would contact them to find out if they wanted time to speak. Mayor Gerwig said if any of the parties wanted to speak, she wanted to continue to use the same time schedule that was used at the prior hearing. Ms. Ferraiolo reviewed the changes made to the master plan amendment: 1) applicant changed the maximum stalls to 90 stalls for the entire project; 2) the zoning text amendment changed to 10 stalls per property; 3) the applicant supplied right turning and left turning analysis; 4) the driveways were widened from 24 feet to 32 feet for crossover reasons; 5) provided stabilized sub areas; 6) a stabilized sub area tractor turnaround was added to each property; 7) language was added to the conditions of approval; hours of delivery so that the deliveries would not coincide with the bus stop times; 8) restrictions from 7:00 A.M. to 9:00 A.M. and 2:00 P.M. to 4:00 P.M. and; 8) size of the trailers. Mr. Basehart said staff's suggestion was to modify the time restrictions. He stated after staff communicated with the private and public schools regarding their pick up and drop off times, the restrictions should be changed to 6:30 A.M. to 9:00 A.M. and 2:00 P.M. to 4:30 P.M. in order to capture all of the pick up and drop off times for all of the buses that use the road. Mayor Gerwig asked for the current delivery time restrictions. Ms. Ferraiolo said the time frames for equestrian deliveries with trucks over 40 feet were from 9:00 A.M. to sundown. Councilman Napoleone said the larger truck deliveries should be restricted to after 9:30 A.M. which was when Wellington Landing starts school because of the children crossing the street. He added in the afternoon, since the children leave school at 4:05 P.M. he agreed with the 4:30 P.M. restriction. Mr. Basehart suggested the restriction be from 6:30 A.M. to 9:30 A.M. Councilman Napoleone said that he would agree to that restriction. Ms. Ferraiolo asked if the 2:00 P.M. to 4:30 P.M. restriction in the afternoon was acceptable. Councilman Napoleone replied affirmatively. Ms. Ferraiolo continued her overview of the revisions to the Restrictive Covenant conditions.1) include the restrictions for the deliveries; 2) owner occupied residence; 3) four stalls that can only be rented to Lakefield South community residents; and 4) manure bin design to reduce or eliminate the attraction of flies. Councilman Napoleone asked where should the conditions that Ms. Ferraiolo was mentioning be placed in order to facilitate and make it easier for the Home Owners Association. Ms. Cohen said the conditions should be placed in the separate Restrictive Covenant but they were listed in the Declaration of Restrictive Covenant. The only way to amend the conditions in a separate covenant was to have all or the majority of the property owners agree to make the change. Village of Wellington Page 7 Village Council Workshop Action Summary - Final February 27, 2017 Vice Mayor McGovern asked Ms. Cohen if the the Restrictive Covenant lists 10 stalls per property. Ms. Cohen said the 10 stalls per property condition was not listed in the Restrictive Covenant. Vice Mayor McGovern said that the condition should be added. Ms. Ferraiolo said it was listed in the Declaration and the Master Plan Amendment. Ms. Cohen said it was part of the zoning text amendment. Mr. Schofield said the Village does not have the authority to enforce the Restrictive Covenants but the Village does have the authority to enforce what was part of the Master Plan conditions. Vice Mayor McGovern asked for the document that states the condition of 10 stalls per property. Ms. Ferraiolo said she would obtain the information and provide it to Council. Mayor Gerwig asked for the location of the bus stop that was a conflict. Ms. Ferraiolo said the bus stop was located at Take Off Place. She explained that she received a list of all the public school bus stops and staff would place pointers on a map and provide to Council before tomorrow night's Council meeting. She noted that the reply from Kings Academy was that the children stay on the west side of the road while waiting for their bus and do not cross the road. Mr. Basehart said that after speaking to PBSO, regarding the bus stops, patrols have been sent to the area in question to advise the children and the parents that they needed to stay on the Aero Club side of the road because there was a sidewalk there, until the bus arrives. Once the bus arrives, and displays the STOP signs, then the children were safe to cross the road and mount the bus. Vice Mayor McGovern said from the beginning of the project, Council's request was to restrict the hours the large trailers carrying horses would be traveling in the area. Mr. Basehart stated that when building a house it was very difficult to add construction limitations. Mr. Schofield suggested adding the condition; trucks over 30 feet could be limited and a schedule for deliveries using the large trucks could be added as conditions. Vice Mayor McGovern was concerned about the time frames that the large trucks would be traveling in the area. Mr. Schofield stated that the very large construction vehicles could be limited. Mr. Basehart explained that the Village Code prohibits construction activity before 7:00 A.M. Mr. Schofield stated that certain restrictions were applied to the construction at Binks. Councilman Drahos said he wanted to review those restrictions. Mr. Schofield said he would have staff provide the information to Council before tomorrow night's Council meeting. Mayor Gerwig asked if the key card gate condition was newly added. Ms. Ferraiolo said the key card gate condition was part of the original plan. Councilman Drahos said that it seemed that some of the gates were moved. Ms. Ferraiolo said the gates were moved in order to have a minimum of 40 feet away from the driveways. He asked if there was sufficient movement and space in order for the trucks not to stack up on Aero Club Drive while waiting for the gates to open. Ms. Ferraiolo said there would be room for any size truck except for a 73 foot truck. H. 17-0933 APPOINTMENT OF CANVASSING BOARD MEMBER AND AN Village of Wellington Page 8 Village Council Workshop Action Summary - Final February 27, 2017 ALTERNATE Mr. Schofield introduced this item. This item is for Council discussion and appointment of a community member and an alternate to the Village Canvassing Board. Ms. Cohen said the eligibility requirements and the duties of the Canvassing Board Members have been put in place but only one application was received; Dr. Veronica McCue. Vice Mayor McGovern said Dr. McCue was part of the Senior Advisory Committee. Mayor Gerwig asked if any of the Council members had reached out within the community for possible applicants. Vice Mayor McGovern, Councilman Drahos and Councilwoman Siskind indicated they would be getting in touch with people they had in mind to serve on the Canvassing Board. Ms. Cohen wanted to clarify a statement she made at the prior meeting. She believed that she said that the Canvassing Board met for the last election but after further review, she realized that the Board did not meet because she sent a memo to Council indicating when there was a Federal election, the County Canvassing Board serves as the certifying body. She explained that the Canvassing Board was not required to meet for the 2016 election and apologized for the mistake. Councilman Drahos asked if Council usually discourages people that were already serving on boards or committees to serve on another one and asked if that was the case for the Canvassing Board. Ms. Cohen said there was not a written policy but Council would need to make the decision to allow that. There were no changes recommended. 5. WORKSHOP None. 6. ATTORNEY'S COMMENTS Ms. Cohen provided updates on several enforcement cases that her department was currently working on: 1) the contempt and injunction motion on the enforcement case that was filed but was not finished would continue on March 24th at 1:30 P.M.; 2) the soccer injunction that was in place; they were obtaining all the documents in order to complete their SUP application; 3) Palm Beach Polo filed a voluntary dismissal of the appeal in the flooding case which concludes the litigation; 4) Circuit Court action was pending on the enforcement and the road bond case that was located in front of the Neil Hirsch property. She said an order to show cause or lack of prosecution order was issued because of the length of time it has remained dormant; and 6) soccer case. Councilman Drahos asked if the voluntary dismissal case regarding flooding was with or without prejudice. Ms. Cohen said the outcome was an appeal with Village of Wellington Page 9 Village Council Workshop Action Summary - Final February 27, 2017 prejudice. Ms. Cohen said currently there were seven fully briefed appeals pending and one appeal of which the answer brief needs to be filed and have the brief applied. Ms. Cohen advised Council that a request from Paragon Wireless was received asking to lease a parcel of property for cell tower purposes either on 150th Street and Ousley Farms Road or Greenbriar Boulevard and between Palm Beach Point and Ousley Farms Road and was asking Council's direction. Mayor Gerwig said that the height of the cell towers needed to be revised because once it was allowed the height could go higher. Ms. Cohen said the height could go 20% higher. Mayor Gerwig asked if the cell service would serve the residents of Wellington. Ms. Cohen said she did not have the information regarding the service of the cell provider. Councilman Drahos asked if the service would affect the residents that live in the Aero Club. Mr. Schofield said the service would not affect the service provided at the runway. Councilman Napoleone asked if the request was for one or two spaces. Ms. Cohen sad the request was two alternate properties but she believed they only needed one. Ms. Cohen stated that a RFP should be submitted for the service but that was not a legal requirement. Mayor Gerwig said that the problem in Wellington was the lack of cell service and asked if the areas in question were critical or not. Vice Mayor McGovern said he has heard complaints from residents that live near the other tower that their service was not very good. Mr. Schofield explained there was only one carrier on the tower, AT&T. Vice Mayor McGovern said that he was not sure if an additional tower would really assist the residents. Mr. Schofield explained that the higher the tower was, the better the coverage would be. He said the tower at the Market Place was not very high and due to the height limitation, restricts the ability to cover larger amounts of areas. He said the Village does need additional cell coverage in certain areas but he suggested putting the service out with an RFP and felt that the possibility of the Village owning and constructing the tower would be beneficial. He indicated that the tallest tower located in the Village was owned by the Village and located in the Water Treatment Plant and the space was leased. Ms. Cohen said Paragon Wireless provided the Village with a contract and she could provide copies for Council to review. Ms. Cohen said she was asking for Council's direction. Mayor Gerwig said that she wanted to research the issue and would contact Ms. Cohen afterwards with her decision. Village of Wellington Page 10 Village Council Workshop Action Summary - Final February 27, 2017 Vice Mayor McGovern said he wanted to speak to residents regarding the issue and do research to see if the tower at the Market Place was providing better service before he provides Ms. Cohen with his decision. Councilman Napoleone said the issue was not an urgent matter. 7. MANAGER COMMENTS Mr. Schofield referred Council to the 2017 Legislative Watch List. He explained that he was not going to go over all of the items on the list but there were several bills that he felt that Council needed to beware of and speak to the legislature next week while in Tallahassee. He said there were other items on the list where Council's direction would be beneficial. *HB 17 Local Regulation Preemption Staff's Recommendation: Oppose the bill. Council Discussion: Vice Mayor McGovern asked if the bill had a sponsor. Mr. Schofield said he had not seen one but as soon as one was placed he would advise Council. He suggested the Village should oppose the bill. Mayor Gerwig noted the bill was dangerous in nature. Vice Mayor McGovern said the issue was very broad which was a problem. Mayor Gerwig asked Ms. Cohen if research was done regarding the local preferences policies. Ms. Cohen said that the local preference policies were not viewed favorably in the law or by the Federal government. Mayor Gerwig noted in the past the Village worked with the Medical Arts Overlay to encourage certain types of businesses and that information would be beneficial for discussions next week in Tallahassee. Mr. Schofield explained that the Village has made different modifications regarding the business licenses. If a person works for a company and receives a 1099 they do not need an occupational license and applies to realtors and attorneys. Mayor Gerwig noted local government needs power and any additional information could be provided to Scott Dudley from the Florida League of Cities. *HB 31 Background Screening Staff's Recommendation: Support the bill. Council Discussion: None. Mr. Schofield explained that the Village would find some interest which differs Village of Wellington Page 11 Village Council Workshop Action Summary - Final February 27, 2017 from the League of Cities and explained the Village currently complies with the law. *SB 80 Public Records Staff's Recommendation: Support the bill. Council Discussion: None. *SB 86 Agricultural Land Classification and Assessment Staff's Recommendation: Monitor the bill. Council's Discussion: None. *SB 112 Flood Hazard Mitigation Staff's Recommendation: Support the bill. Council's Discussion: None. *HB 163 Public Records Staff's Recommendation: Support the bill. Council's Discussion: None. *SB 188 Vacation Rentals Staff's Recommendation: Oppose the bill. Council's Discussion: None. *SB 244 Criminal History Records in Application for Public Employment and Admission to Public Postsecondary Educational Institutions Staff's Recommendation: Monitor the bill. Council's Discussion: None. Mr. Schofield stated the Village was currently in compliance with the bill. *SB 246 Public Records Staff's Recommendation: Support the bill Council's Discussion: None. *HB 285 Onsite Sewage Treatment and Disposal System Inspection Staff's Recommendation: Monitor the bill. Council's Discussion: None. Village of Wellington Page 12 Village Council Workshop Action Summary - Final February 27, 2017 *SB 306 Ethics Staff's Recommendation: Oppose the bill until additional clarity was received. Council's Discussion: None. Mayor Gerwig asked Ms. Cohen if the bill matches the County's rule. Ms. Cohen said the bill does not match the County's rule but was an expansion of their rule. She said under the County's rule, the requirement was to have a special financial benefit but under SB 306 any benefit would be allowed. She explained in the past, there have been cases regarding Aero Club and Councilman Willhite was not prohibited from voting on the items even though he lived in the neighborhood, he did not have any special benefits that would be equal to the other property owners within the community and the group was large enough to result in a special benefit to him. She noted under the language of the bill that they were sponsoring, he would not have been able to participate in any of those votes which makes the requirements broader. Mr. Schofield noted that because of the expansion, he felt that Council could discuss it with the legislators. He explained that Council would be provided with a brochure that includes approximately 10 items to discuss with the legislators. Mayor Gerwig said that two councilmembers live in a community that borders Lake Worth Road, and asked if special treatment was made for Lake Worth Road would those two councilmember be removed from voting for the project. Ms. Cohen said she doubted that the two councilmembers would be removed and not allowed to vote for the project but the decision would depend on the specific actual language added to the proposed statute. She noted that she has not read the proposed specific language but felt that Lake Worth Road was a community road that the entire community uses. Ms. Cohen explained that the bill was from Senator Clemens who Council knows. At this point, Mr. Schofield continued with his overview. *SB 322 Public Records and Meetings/Unsolicited Proposals Staff's Recommendation: Support the bill. Council's Discussion: None. *HB 325 Fire Safety Staff's Recommendation: Support the bill. Council's Discussion: None. *SB 330 Local Business Taxes Staff's Recommendation: Oppose the bill because of preemption. Village of Wellington Page 13 Village Council Workshop Action Summary - Final February 27, 2017 Council's Discussion: None. *HB 331 Public Records Staff's Recommendation: Support the bill. Council's Discussion: None *SB 332 Public Private Partnership Staff's Recommendation: Support the bill. Council's Discussion: None. *HB 353 Local Government Participation in Florida Retirement System Staff's Recommendation: Monitor the bill. Council's Discussion: None. *HB 379 Underground Facilities Staff's Recommendation: Oppose the bill. Council's Discussion: None. *HB 389 Building Safety Staff's Recommendation: Support the bill. Council's Discussion: Mayor Gerwig stated that the bill notes certain buildings and asked if that would that include buildings that possibly have carbon monoxide. Mr. Schofield noted the bill included the replacement of the smoke detectors was done every 10 years but the smoke detectors were not apply to detect carbon monoxide. Councilman Napoleone said a generator could emit carbon monoxide and some people place them in the garage, patio, or next to windows. *HB 413 Water Oversight and Planning Staff's Recommendation: Monitor the bill Council's Discussion: None. *SB 418 Soldiers and Heros Monuments and Memorials Protection Act Staff's Recommendation: Support the bill Council's Discussion: None. *SB 420 Flood Insurance Village of Wellington Page 14 Village Council Workshop Action Summary - Final February 27, 2017 Staff's Recommendation: Support the bill. Council's Discussion: Mayor Gerwig noted that the flood maps were almost ready to be redone. Mr. Schofield said that Wellington went from not having any homes in the flood zone to currently having every single home in the flood zone. Currently the information on the flood maps would include information based on the Village's permits and the improvements done. *SB 422 Municipal Conversion of Independent Special Districts Staff's Recommendation: Monitor the bill Council's Discussion: None. *HB 425 Vacation Rentals Staff's Recommendation: Oppose the bill Council's Discussion: None. *SB 428 Local Government Participation in Florida Retirement System Staff's Recommendation: Monitor the bill Council's Discussion: None. *HB 443 Verification of Employment Eligibility Staff's Recommendation: Council's Discussion: None. Mr. Schofield noted that the League of Cities was opposing the bill on preemption but the Village was in compliance with the bill. *SB 446 Underground Facilities Staff's Recommendation: Support the bill Council's Discussion: None. *HB 467 Department of Agricultural and Consumer Services Staff's Recommendation: Monitor the bill Council's Discussion: None. *HB 479 Government Accountability Staff's Recommendation: Monitor the bill Village of Wellington Page 15 Village Council Workshop Action Summary - Final February 27, 2017 Council's Discussion: None. *HB 487 Local BusinessTaxes Staff's Recommendation: Oppose the bill Council's Discussion: None. Mr. Schofield said that the Village received $948,000 in BTR revenue for 2016 and if the legislator removes the local business taxes that would be funds that the Village would not receive. *HB 493 Enhanced Safety for School Crossings Staff's Recommendation: Monitor the bill. Council's Discussion: None. Mr. Schofield recommended monitoring the bill since the Village was in compliance. *HB 513 Law Enforcement Body Cameras Staff's Recommendation: Support the bill. Mr. Schofield explained that PBSO would have to be in compliance with the bill. Council's Discussion: Support the bill. Vice Mayor McGovern asked if the bill passes would the additional cost be passed to the Village. Mr. Schofield replied affirmatively and noted the cost would be listed on the next PBSO contract. He recommended supporting the bill. Vice Mayor McGovern said that the bill was one of the bills which Council could weigh in and provide significant support. Mayor Gerwig asked for the additional cost of the body cameras beforehand. Mr. Schofield stated that he would provide Council with the information. *HB 529 Soldiers and Heros Monuments and Memorials Protection Act Staff's Recommendation: Support the bill. Council's Discussion: None. Mr. Schofield said there were two monuments in the Village. Councilman Napoleone asked if any of the monuments or memorials located in the Village have been vandalized. Mr. Schofield said that they have been vandalized but staff takes care of the damage very quickly. He noted recently a size tag was placed on the roof of the Lake Wellington Professional Centre. Mayor Gerwig asked if it was a size tag similar to the ones added near the mall. Village of Wellington Page 16 Village Council Workshop Action Summary - Final February 27, 2017 Mr. Schofield said the size tag was an affiliated tag. *HB 541 - Vulnerable Road Users Staff's Recommendation: Monitor the bill. Council's Discussion: None. Mr. Schofield recommended monitoring the bill and if discussion arises, the bill should be supported. *HB 599 Public Works Projects Staff's Recommendation: Oppose the bill. Council's Discussion: None. Mr. Schofield indicated there was not a senate sponsorship and recommended opposing the bill on preemption. He explained the bill states that a condition was not allowed on contractors and he felt the bill was intended for wage rates and benefits but also has a provision that says if contractors do not do good work for the Village, when the contract terminates due to failure to preform, part of the Village's procedure was to have a couple of years transpire before that contractor is allowed to bid again. He said that the bill would prohibit the Village's procedure of not allowing the contractor to bid for a couple of years and noted that the League of Cities' was opposing the bill. * SB 614 Medical Marijuana Mr. Schofield suggested not discussing the bill because Councilman Napoleone asked for the results of all the precinct totals and the results showed that the bill passed overwhelmingly. Council's Discussion: Vice Mayor McGovern said the bill appears to have passed at every precinct in Wellington. Councilman Napoleone added that the bill passed by 72% in Wellington. * HB 629 Financial Assistance for Water and Wastewater Infrastructure Staff's Recommendation: Monitor the bill. Council's Discussion: None. Mr. Schofield recommended monitoring the bill but currently the bill was unfunded and does not have a Senate companion bill. *HB 659 Housing Discrimination Staff's Recommendation: Monitor the bill. Council's Discussion: None. Village of Wellington Page 17 Village Council Workshop Action Summary - Final February 27, 2017 Mr. Schofield recommended monitoring the bill and stated that there were four other related bills. *HB 663 Implementation of the Water and Conservation Constitutional Amendment Staff's Recommendation: Support the bill. Council's Discussion: None. Mr. Schofield said the bill needed to be supported because it would provide the minimum specified percentages of funding to be spent on Land Acquisition for water supply and water restoration. Currently, Village projects that the amendment could fund were: Western C-51 reservoir and; Strazzulla Marsh. He noted by applying funds to those types of projects would be positive for the Village. *HB 679 Craft Breweries Staff's Recommendation: Monitor the bill. Council's Discussion: None. *HB 687 Utilities Staff's Recommendation: Oppose the bill. Council's Discussion: Mr. Schofield said the bill prohibits the DOT and local government from regulating or prohibiting collocation of small wireless facilities in public right-of-way. He explained the Village would lose the ability to tell someone that they were not allowed to place a wireless facility on a pole and rights-of-way. He said the bill was intended for FPL to prohibit others from adding small wireless routers on their poles. Mayor Gerwig asked if the poles were the Village's or FPL's. Mr. Schofield noted that there were agreements that state that the Village must agree to what was added to FPL's poles, and the bill would change that policy. *HB 715 Special Assessment for Law Enforcement Services Staff's Recommendation: Monitor the bill. Council's Discussion: None. Mr. Schofield noted that the bill authorizes a levy special assessment to fund the costs of providing law enforcement services. He explained that the Village's law enforcement total was 1/9 of the total budget and when using the funds, the amount would need to be offset in the millage rate to cover. He indicated that it may be beneficial to move forward and separating the cost instead of including the costs in the general fund in order to clearly indicate the costs to the public. Village of Wellington Page 18 Village Council Workshop Action Summary - Final February 27, 2017 *HB 725 Automous Staff's Recommendation: None. Council's Discussion: None. Mr. Schofield said the bill was on the list because he was monitoring it. *HB 751 Stormwater Staff's Recommendation: Monitor the bill. Council's Discussion: Mr. Schofield said the bill prohibits the adoption, adding astringent standards and exempts certain standards. He said he was concerned with the bill due to the Village being one of the few municipalities that was under the comprehensive restoration plan/water quality act requirement. Vice Mayor McGovern suggested having the Village's lobbyist obtain access and speak with Florida Senator Clemens regarding the HB 751. Mr. Schofield noted that he has discussed the issue on several occasions with the lobbyist. Mayor Gerwig stated that the bill was regarding phosphates and fertilizers dure to the federal government requirements. Mr. Schofield noted that similar bills pop up on a regular basis. He noted that a memorandum of understanding between the Florida Department of Agriculture and Consumer Services and the Village would be provided to Council soon which indicates that the Village would enforce and adopt their best management practices which includes turn around times. He explained they were reviewing the Villages current standards which included some very specific standards in order to incorporate them. *HB 755 Aquifer Replenishment Staff's Recommendation: Monitor the bill. Council's Discussion: None. Mr. Schofield explained the bill was on the Florida League of Cities' watch list. *SB 776 Unlawful Acquisition of Utility Services Staff's Recommendation: Monitor the bill. Council's Discussion: None. *HB 813 Flood Insurance Staff's Recommendation: Support the bill. Council's Discussion: None. Village of Wellington Page 19 Village Council Workshop Action Summary - Final February 27, 2017 Mr. Schofield recommended supporting the bill together with SB 420. *SB 816 Central and Southern Florida Project for Flood Control and Other Purposes Staff's Recommendation: Support the bill. Council's Discussion: None. Mr. Schofield said he strongly supports the bill. He explained the bill include having the legislator to direct the SFWMD to take control of the discharges of the water of lake Okeechobee and take a leadership role. *SB 838 Tax on Commercial Real Property Staff's Recommendation: Monitor the bill. Council's Discussion: None. *SB 914 Public Meetings Staff's Recommendation: Support the bill. Council's Discussion: None. Mr. Schofield said the he needed to know Council's position regarding the bill and noted that his recommendation was to support the bill. *SB 940 Growth Management Staff's Recommendation: Support the bill. Council's Discussion: None. *SB974 Public Utility Environmental Remediation Costs Staff's Recommendation: Monitor the bill. Council's Discussion: None. Mr. Schofield noted that the bill would allow the Village to file a request with the Public Service Commission for a hearing for the recovery of remediation due to a problem with a utility. *SB 990 Municipal Election Dates Staff's Recommendation: Monitor the bill. Council's Discussion: Mr. Schofield asked for Council's direction and added that he did not have a recommendation to provide regarding the bill. Vice Mayor McGovern said the bill changed and currently states that the Village of Wellington Page 20 Village Council Workshop Action Summary - Final February 27, 2017 Supervisor of Elections could set the date for the election and be a county wide municipal election day. Mayor Gerwig said if the Village wanted to use the SOE's services, the municipality would have to comply with her date. Vice Mayor McGovern said the impact to the Village would be dealing with the calendar years when municipal elections could be held and emphasized that the bill was very different than the past bill. Mayor Gerwig said she would agree to Palm Beach County having the election in February as long as everyone was willing to pay the extra cost involved. At this point, Mr. Schofield continued with his overview. *SB 1004 Public Meetings and Public Records Staff's Recommendation: Monitor the bill. Council's Discussion: Mr. Schofield asked for Council's direction regarding the bill. Councilman Napoleone stated that two people could meet and not violate the Sunshine Law but three people could not. Ms. Cohen said two people could meet as long as long as no action or agreement to take action at a future date. Councilman Napoleone asked if certain issues could be discussed among the two people. Mr. Schofield replied affirmatively. Ms. Cohen said a house bill was sponsoring the bill and if passed would really change the Sunshine Law Rules. Mr. Schofield said there was not any language included in the bill allowing for a person to act as a liaison or a conduit of a board member. Vice Mayor McGovern asked for the League of Cities' position regarding the bill. Mr. Schofield explained the he could not remember what their position was but he would obtain the information and provide to Council. Mayor Gerwig said she was not in support of the bill. Ms. Cohen stated that the bill does not say that a board member could take action in between meetings; the bill states that board members could meet and discuss items that would otherwise constitute a Sunshine Law violation. Mayor Gerwig said that many cities put out an opinion piece that was publicly or privately but interaction violates the Sunshine Law Rules. Ms. Cohen said the law allows for exchange but not agreeing to take action of any sort. At this point, Mr. Schofield continued with his overview. *SB 1082 Implementation of the Water and Conservation Constitutional Amendment Staff's Recommendation: Support the bill. Village of Wellington Page 21 Village Council Workshop Action Summary - Final February 27, 2017 Council's Discussion: None. Mr. Schofield said the bill was the companion bill of HB 663. *HB 6003 Vacation Rentals Staff's Recommendation: Oppose the bill. Council's Discussion: None. Mr. Schofield noted that the bill regarding vacation rentals was already addressed earlier. *SB 7000 Florida Building Commission Staff's Recommendation: Support the bill. Council's Discussion: None. Mr. Schofield explained that the bill states that the commission must adopt the new version of the National Building Code which the Village does every 2 to 4 years. Vice Mayor McGovern asked for additional information regarding HB 7021 Public Integrity and Ethics Committee bill. Ms. Cohen said the bill requires a more detailed financial disclosure than what was currently required for reporting individuals. She noted that the individual would need to disclose their full net worth and include full details. Vice Mayor McGovern said he was unclear if HB 7021 and HB 7023 were similar or a companion bill listed on the revised list provided by Ms. Kelly. Mr. Schofield said that HB 7021 and HB 7023 were related to each other. HB 7023 refers to the registration of trust funds and the lobbyist component of HB 7021. 8. COUNCIL COMMENTS Mayor Gerwig said someone asked who controls the dropping off of children because they have seen parents dropping off children on Greenview Shores Boulevard in front of the high school. Mr. Schofield said that the issue needed to be reported to PBSO. He added that the school police monitor the roads surrounding the schools but do not enforce the drop off issues. Mr. Barnes said the dropping off in the area was a recurring problem that PBSO has been working with. Ms. Cohen said the solution was for the school to provide a drop off place. Mayor Gerwig said there were drop off locations but those areas would take longer for the driver. Mr. Schofield noted in reply to Council's question asked earlier regarding the amount of vehicles the Village has in its fleet, 156 vehicles which include all types of vehicles with license plates. He explained that staff would be providing him with a more detailed list which he would provide to Council as soon as he receives it. Village of Wellington Page 22 Village Council Workshop Action Summary - Final February 27, 2017 Vice Mayor McGovern said his question was leading to how many tires the Village replaces annually. Mr. Schofield said he would obtain the information and provide to Council. He explained the Village has many more vehicles than the 156 vehicles noted earlier that do not have license plates; mowers; gators; construction equipment and; cargo trailers. Mr. Schofield explained that Councilwoman Siskind asked him to review the no alcohol sales on Sunday until after noon time requirement in the Village. He stated that was implemented by Palm Beach County in 1996 and within the last 20 years, staff has tried to amend the requirement. He noted recently, the requirement was amended to permit certain establishments to stay open until 2:00 A.M. on most days and 3:00 A.M. on Sunday. The question that was raised was that one of the Publix stores asked what was required to allow them to sell beer and wine on Sunday before Noon in order to be competitive with the stores around them; particularly the store close to Binks. Mayor Gerwig said that the Village of Royal Palm Beach revoked their restriction. Vice Mayor McGovern asked if Palm Beach County changed their restriction. Mr. Schofield replied affirmatively and stated that the Village was one of the few municipalities that continues with the Sunday restriction. Vice Mayor McGovern asked staff to provide a list of the municipalities that currently have the restriction in place. Mr. Schofield said he would provide Council with the information. Councilwoman Siskind stated that the issue was brought to her attention by a Publix manager and a friend. She said she does not want to economically hurt the businesses in the Village because the residents were visiting the Publix stores in the nearby municipalities to purchase beer and wine. Mayor Gerwig said that she has heard the same complaint from the local businesses. Mr. Barnes said that many residents have sent letters regarding the issue. 9. ADJOURN Village of Wellington Page 23