Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, January 22, 2018 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 22, 2018 1. CALL TO ORDER Mayor Gerwig called the meeting to order at 4:00 p.m. Council Members Present: Anne Gerwig, Mayor; John McGovern, Vice Mayor; Michael Drahos, Councilman, Michael Napoleone, Councilman, and Tanya Siskind, Councilwoman. 2. PLEDGE OF ALLEGIANCE Mayor Gerwig led the Pledge of Allegiance. 3. 18-1798 EMPLOYEE OF THE MONTH FOR DECEMBER, 2017 - JOSEPH CRISAFULLE, JR. Mr. Schofield introduced the agenda item. This month's Employee of the Month was Joseph Crisafulle, Jr. Matt Mills, Chief Building Inspector, said that he was proud to present Joseph Crisafulle as Employee of the Month for the Month of December. He said that any time someone is needed to go above and beyond, Mr. Crisafulle is always there. He also noted that he is a reliable and model employee. Mr. Crisafulle expressed his thanks, and said that he does his best every day. He indicated that he works for great people who support staff with whatever is needed. Mr. Schofield said that Mr. Crisafulle is a great building inspector and employee. He said that he was one of the best building inspectors he has ever worked with. Mr. Schofield expressed his thanks to Mr. Crisafulle. Council extended their congratulations to Mr. Crisafulle. 4. REVIEW OF COUNCIL AGENDA Mr. Schofield presented the agenda for review. Village of Wellington Page 1 Village Council Workshop Action Summary - Final January 22, 2018 A. 18-1789 A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA RECOGNIZING VILLAGE RESIDENT, TERRI PRIORE ON BEING NAMED THE “ADULT VOLUNTEER OF THE YEAR” BY THE PALM BEACH COUNTY SCHOOL DISTRICT Mr. Schofield introduced the agenda item. This was a Proclamation recognizing Terri Priore on being named the “Adult Volunteer of the Year” by the Palm Beach County School District. At this point, Ms. Cindy Drake addressed Council regarding the Relay for Life event. She noted that she presented each Councilmember with a binder containing information regarding the event. Ms. Drake said she also gave each of them a "scratch off" which was an easy way to raise $100.00. She said that anyone who raised $100.00 before the end of January will receive a special shirt for the day of the event. She indicated that the theme for the event this year is "Boogie on Down with Wellington Hometown Heroes for a Blast from the Past for a Future Without Cancer." She said that Wellington will be doing the 1970's. Ms. Drake advised Council that each of them have been assigned a Village group, and encouraged them to contact their team captain to work together . She noted some of the events that the different staff groups are planning . She encouraged each of the groups to register friends, family and members of the group to register and to walk at various times; register survivors; identify and prepare for an on-site fundraiser; and decorate the tent in the 70's theme. She hoped that Mr. Barnes would be participating in the Relay event noting they are allowed only one entry. She advised Council to contact her if they had any questions. B. 18-1810 MINUTES OF THE REGULAR WELLINGTON VILLAGE COUNCIL MEETING OF NOVEMBER 14, 2017 Mr. Schofield introduced the agenda item. This is the approval of the Minutes of the Regular Wellington Village Council Meeting of November 14, 2017. He noted that he had received a correction from Councilman Napoleone which he passed on. Village of Wellington Page 2 Village Council Workshop Action Summary - Final January 22, 2018 C. 17-1518 AUTHORIZATION TO CONTINUE UTILIZING A CITY OF BAYTOWN, TEXAS CONTRACT AS A BASIS FOR PRICING FOR UTILITY BILL PRINTING AND MAILING SERVICES Mr. Schofield introduced the agenda item. This is the authorization to continue utilizing a City of Baytown, Texas contract with Dataprose, LLC, as a basis for pricing, to provide utility bill printing and mailing services to the Village in the amount of approximately $130,000.00 annually. He indicated that this was competitively bid and they are the cheapest people who can provide this service. Mayor Gerwig said they thought it was odd that this comes from Texas, but that is where the contract was initiated. Mr. De La Vega explained that this was the best price that could be found. He asked Council to keep in mind that of the $130,000, the Village spends about $100,000 of that in postage. He said that the Village checked on the postage and they found they are getting a very good postage from them at 37 cents as opposed to the cost of the 49 cent postage stamp. Mayor Gerwig asked if they could encourage people to go paperless and asked if there was an option for that. Mr. De La Vega said that they looked at previous years, and it looks like there has been a reduction in how many bills are going out because the costs have been going down . Mayor Gerwig asked if there were instructions on the website if someone wanted to go paperless. Ms. Quickel responded affirmatively. Mayor Gerwig noted that at one time the Village ran a promotion to encourage people to go paperless, and asked if that was something they could do again. Mr. Barnes noted that they had given out "Wellington Bucks" which gave a discount on future registrations and that type of thing. There were no changes recommended. Village of Wellington Page 3 Village Council Workshop Action Summary - Final January 22, 2018 D. 17-1591 AUTHORIZATION TO AWARD A CONTRACT FOR THE C-11 AND C-15 CANAL CULVERT CROSSING AND BRIDLE TRAIL IMPROVEMENTS Mr. Schofield introduced the agenda item. This is the authorization to award a contract to Centerline Utilities, Inc., for the C-11 and C-15 Canal Culvert Crossing and Bridle Trail Improvements in the amount of $786,652.43. He explained that this is the Brown Trail and its culverts. He said that he believed they were doing a crossing at Wellington Trace as well. Mr. Schofield indicated that this was a sealed bid/low bid project. He said he and staff spent a great deal of time discussing this . He said that the amount budgeted for the culverts and the trail is about $846,000 so they are below that amount. Mr. Schofield noted that Centerline is a Palm Beach County based company and they have worked with them over the years and staff has no reservations in working with them. Staff recommended the award. Mayor Gerwig asked what neighborhoods would this be connecting. In response, Mr. Schofield said that the horse trail is in Saddle Trail on both sides of Wellington Trace along Draft Horse and the C-15 canal. He said that the major part of this process is the culvert replacement under Wellington Trace. He further stated that the C-11 canal gets a culvert so that the trail can actually cross it. Mr. Schofield indicated that, as long as they are doing this, the Village has a contract to mobilize the culvert crossing at the C-15 which will be replaced. He said that they will get some cost savings in doing them both together. Councilman Drahos said that $200,000 is the grant and asked if the Village's cost was $786,000. Mr. Lundeen and Mr. Schofield said that was the total amount between the grant and the cost so it was $200,000 for the grant and then the Village's cost is $586,652.43. Mayor Gerwig asked about the material that will be used for the trail. Mr. Lundeen said that it will be stabilized and then grass on top of it. Mayor Gerwig asked if it would be irrigated. Mr. Lundeen said that it would not be irrigated. Mayor Gerwig asked who obtained the DEP grant for the Village. Ms. Quickel said that they use their grant consultant on this noting that the Village applies each year for different programs. She said that their land and water programs are some of their most successful programs. There were no changes recommended. Village of Wellington Page 4 Village Council Workshop Action Summary - Final January 22, 2018 E. 18-1814 RESOLUTION NO. R2018-04 (ERP AMEND OPERATING & CAPITAL) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE BUDGET FOR FISCAL YEAR 2018 BY REALLOCATING MONIES FROM THE GOVERNMENTAL AND UTILITY CAPITAL FUNDS TO THE GENERAL FUND FOR APPROVED ENTERPRISE RESOURCE PLANNING (ERP) PROJECT EXPENSES THROUGH SEPTEMBER 30, 2018; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This is the approval of Resolution No. R2018-04 to reallocate monies from the Governmental and Utility Capital Funds to the General Fund for approved Enterprise Resource Planning Project expenses. Ms. Quickel said they made some changes after reviewing it with the Village's auditor. She said that there is no new funding, but that they will only be realigning it into the proper categories for the different pieces of the project. She said that they reviewed that with the auditors as part of their annual audit. There were no changes recommended. Village of Wellington Page 5 Village Council Workshop Action Summary - Final January 22, 2018 F. 18-1804 RESOLUTION NO. R2018-07 (HOME RULE POWERS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL OPPOSING LEGISLATIVE EFFORTS TO IMPEDE THE CONSTITUTIONAL RIGHT FLORIDA’S CITIZENS HAVE ENJOYED FOR NEARLY 50 YEARS TO GOVERN THEMSELVES UNDER MUNICIPAL HOME RULE POWERS; OPPOSING THE LEGISLATURE’S PERSISTENT INTRUSION INTO LOCAL FINANCES, WHICH ARE NECESSARY TO PROVIDE FINANCIAL STABILITY AND ESSENTIAL SERVICES UNIQUELY REQUIRED BY MUNICIPAL RESIDENTS AND LOCAL BUSINESSES; DIRECTING CITY ADMINISTRATION TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE FLORIDA LEAGUE OF CITIES, THE PALM BEACH COUNTY LEGISLATIVE DELEGATION AND ANY OTHER INTERESTED PARTIES; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. He said that this was consideration of Resolution No. R2018-07 opposing legislative efforts to impede Florida’s citizens’ constitutional right to govern themselves under Municipal Home Rule powers; and opposing the legislature’s intrusion into local finances which are necessary to provide financial stability and essential services uniquely required by municipal residents and local businesses. He noted that the Village is doing this in conjunction with the Florida League of Cities. He stated that Home Rule is under significant attack in Tallahassee. This is a standard resolution forwarded to the Village by the League. Mayor Gerwig asked if they had done the Unity resolution. Mr. Schofield recalled that they had discussed it, but it was not done. She felt that the Home Rule resolution was important. There were no changes recommended. Village of Wellington Page 6 Village Council Workshop Action Summary - Final January 22, 2018 G. 18-1770 ORDINANCE NO. 2017-08 (VILLAGE GREEN CENTER COMPREHENSIVE PLAN AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A COMPREHENSIVE PLAN AMENDMENT [PETITION 17-043 (2017-029 CPA6)] TO AMEND THE CONDITIONS OF APPROVAL FOR THE COMMUNITY COMMERCIAL DESIGNATION AND AMENDING THE FUTURE LAND USE MAP NOTATION FOR CERTAIN PROPERTY KNOWN AS VILLAGE GREEN CENTER, TOTALING 15.89 ACRES, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF STATE ROAD 7 AND STRIBLING WAY/PIERSON ROAD, APPROXIMATELY ONE (1) MILE SOUTH OF FOREST HILL BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; AMENDING THE CONDITIONS OF APPROVAL TO ALLOW MEDICAL OFFICE WITHIN THE USE LIMITATIONS; TO REDUCE THE MAXIMUM ALLOWABLE SQUARE FOOTAGE FOR THE PROJECT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This is the approval of Ordinance No. 2017-08, a Comprehensive Plan Amendment to amend the site specific use limitations for the project as adopted in Ordinance No. 2013-04 to allow Medical Office as a permitted use and to reduce the overall allowable square footage for the Village Green Center project. Mr. Schofield said that this is the second reading and adoption of the Ordinance. He noted that it had been transmitted to the Department of Economic Opportunity. He further noted that there have been no changes on this since the transmittal. There were no changes recommended. Village of Wellington Page 7 Village Council Workshop Action Summary - Final January 22, 2018 H. 17-1670 ORDINANCE NO. 2017-15 (FLYING COW RANCH COMPREHENSIVE PLAN AMENDMENT) - POSTPONEMENT AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING THE WELLINGTON COMPREHENSIVE PLAN FUTURE LAND USE MAP [PETITION NUMBER 16 – 109 (2016 – 46 CPA)] BY CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM PALM BEACH COUNTY CONSERVATION (CON) TO WELLINGTON RESIDENTIAL “B” (.1 DU – 1.0 DU/AC) FOR THE RECENTLY ANNEXED 2.8 ACRE PARCEL (PARCEL 3 OF THE FLYING COW RANCH PUD); EXTENDING THE BOUNDARIES OF THE EQUESTRIAN PRESERVE AREA TO ENCOMPASS PARCEL 3; ADDING PUBLIC AND PRIVATE BRIDLE TRAILS TO THE EQUESTRIAN TRAILS MASTER PLAN MAP AND THE EQUESTIAN CIRCULATION MAP WITHIN THE EQUESTRIAN PRESERVATION ELEMENT FOR CERTAIN PROPERTY KNOWN AS FLYING COW RANCH PUD TOTALING 150 ACRES, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF FLYING COW RANCH ROAD AND 160TH TRAIL S, APPROXIMATELY 4 MILES SOUTH OF SOUTHERN BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. See comments under Item J. 17-1672. I. 17-1671 ORDINANCE NO. 2017-16 (FLYING COW RANCH ZONING TEXT AMENDMENT) - POSTPONEMENT AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL; APPROVING A ZONING TEXT AMENDMENT [PETITION NUMBER 16-110 (2016-47 ZTA)] TO AMEND THE VILLAGE OF WELLINGTON LAND DEVELOPMENT REGULATIONS ARTICLE 6, CHAPTER 10 BY CREATING SUBAREA G OF THE EQUESTRIAN OVERLAY ZONING DISTRICT AND ESTABLISH DEVELOPMENT REGULATIONS FOR SUBAREA G, HANGARS AND AIRPLANE LANDING STRIP WITHIN THE EOZD; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. See comments under Item J. 17-1672. Village of Wellington Page 8 Village Council Workshop Action Summary - Final January 22, 2018 J. 17-1672 ORDINANCE NO. 2017-17 (FLYING COW RANCH REZONING) - POSTPONEMENT AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A REZONING [PETITION NUMBER 16-115 (2016-49 REZ 1)] TO AMEND THE ZONING DESIGNATION FOR PARCEL 1 (98.64 ACRES MORE OR LESS) FROM PALM BEACH COUNTY AGRICULTURAL RESIDENTIAL TO WELLINGTON PLANNED UNIT DEVELOPMENT/EQUESTRIAN OVERLAY ZONING DISTRICT (PUD/EOZD), PARCEL 2 (49.15 ACRES MORE OR LESS) FROM WELLINGTON AGRICULTURAL RESIDENTIAL/EQUESTRIAN OVERLAY ZONING DISTRICT (AR/EOZD) TO PLANNED UNIT DEVELOPMENT/EQUESTRIAN OVERLAY ZONING DISTRICT (PUD/EOZD), PARCEL 3 (2.8 ACRES MORE OR LESS) FROM PALM BEACH COUNTY PRESERVATION/CONSERVATION (PC) TO WELLINGTON PLANNED UNIT DEVELOPMENT/EQUESTRIAN OVERLAY ZONING DISTRICT (PUD/EOZD) AND TO DESIGNATE PARCELS 1, 2 AND 3 AS SUBAREA G OF THE EOZD FOR CERTAIN PROPERTY KNOWN AS FLYING COW RANCH PUD TOTALING 150 ACRES, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF FLYING COW RANCH ROAD AND 160TH TRAIL S, APPROXIMATELY 4 MILES SOUTH OF SOUTHERN BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr.Schofield announced that the Village received a request in writing from the applicant to postpone these items which is an automatic grant. Vice Mayor McGovern asked when it was being postponed to. Mr. Schofield said that normally it would be done time certain; however, the applicant does not know when it will come back. He noted that it will have to be readvertised and it will all go back to the Planning, Zoning & Adjustment Board (PZAB). Councilman Drahos thought there will be alot of residents that want to speak on this item. Mr. Schofield said the ordinance was clear about the postponement. Ms. Cohen believed it was the decision of Council; however, Mr. Schofield noted that the Code has an automatic postponement. Ms. Cohen said that they already had a postponement as a matter of right. Ms. Cramer noted that they had a postponement by right for 30 days, but this is a postponement for an indefinite timeframe. Mr. Schofield said that the Village will be taking it out of the review process until they put it back in. Councilman Drahos did not think that this request for postponement was Village of Wellington Page 9 Village Council Workshop Action Summary - Final January 22, 2018 a matter of right since they already received their one postponement. Ms. Cohen said it was discretionary. Councilman Drahos asked what would happen if the Council ultimately decided that they will reject their request for postponement . Ms. Cohen said if that occurred, then the item would be heard. Councilman Drahos then asked what would happen if the applicant was not prepared. Ms. Cohen said that she assumed the applicant would be watching this meeting, and would be prepared either way. Mr. Schofield said that at this point, he would very strongly recommend that Council postpone these items. He stated that it was noted on the agenda that the items were being postponed. In addition, he said that he had responded to emails advising that the item was going to be postponed. He said he recalled it would be an automatic postponement because some parts of it had not cleared yet through PZAB. Vice Mayor McGovern thought the part about the airstrip was still remaining with PZAB. Ms. Cramer noted that the master plan was going to be postponed at PZAB as well. She said that once the master plan catches up with the other applications, they would come back to Council as a full set. She said that at this time, it was not known when they will be ready to go before PZAB. Mayor Gerwig said that the main concern was if it was made time certain, then the applicant does not have to advertise it again. She thought that this was almost like a withdrawal. Mr. Schofield said it was a step short of that. He said that what will happen in this case was that the applicant will pay advertising fees, have hearings, but they will not pay new application fees. Mr. Basehart pointed out that for the most part, Mr. Schofield was correct, but said the applicant never requested a postponement for the Comp Plan Amendment, the Rezoning, the text amendments and all of that as Council postponed those items so everything could be considered at once. He said that the applicant did request a 30-day postponement for the master plan because PZAB had postponed it. Ms. Cramer said that either way it is more than 30 days which is why it requires Council's action. Councilman Drahos asked if they have given any indication when or if ever they plan on bringing these applications forward. In response, Mr. Basehart said that they indicated in their request that they were postponing them because they had made or were making their application to the FAA and FDOT for the runway extension. He said that it was not known how long that will take. Vice Mayor McGovern asked who made the request for the extension. Village of Wellington Page 10 Village Council Workshop Action Summary - Final January 22, 2018 Mr. Schofield said that the request was made by the applicant which was included in Council's packet. Councilman Drahos said that he did not believe the Council ever had the opportunity to discuss conceptually their thoughts on this project. He asked if they were to do that tomorrow would they be compromising the applicant's due process rights or could it potentially be viewed as their being helpful to the applicant if they expressed their views. Ms. Cohen said if they were not going to proceed with the hearing, then she thought it does raise some issues if they discuss it as they would not be having a quasi-judicial hearing. Ms. Cohen suggested that if Council has views that they want to express to the applicant, that they meet with them individually. Vice Mayor McGovern said that there were parts of this that were still pending before PZAB. Mr. Schofield said that was correct. He said that he would go back and check the record, but he believed that Mr. Basehart was correct as he did not believe they had ever requested a Council level postponement. Mr. Basehart said that was true except for the master plan. Mayor Gerwig said that there is a group of residents who have hired Sharon Merchant who asked her how she felt about this because they have people who want to be there for the hearing. She said that she did not want to give her the impression that everyone had to be at the Council meeting here tomorrow night and then have it not be heard. She believed at this point, it would be disruptive for the residents who would like to speak because of the confusion as to whether or not it will be heard. She did not think it was in anyone's benefit at this point for Council to push forward and demand for it to be heard if the opposition was not ready to be heard as well as the applicant as they are still trying to work out some of the issues. Mayor Gerwig said that the applicant would bear the cost for re-advertising the items. Ms. Cohen agreed with the Manager that he has sent out emails indicating postponement which could raise an issue if the item was heard. Mr. Schofield said that they have asked for the master plan to be postponed and Council cannot consider the master plan as long as the Comprehensive Plan and Zoning Text are in conflict with the master plan. Ms. Cramer said that if it takes longer than the Village's Code and new Article 5 allows, then it would be automatically withdrawn or they would have to request to extend the time period. She said if it just sits and it Village of Wellington Page 11 Village Council Workshop Action Summary - Final January 22, 2018 looks like it is not going anywhere, the Village will withdraw it. Mr. Schofield noted that staff now does administrative withdrawals. Ms. Basehart explained that Article 5 states that if the applicant does not take any steps to move the application forward for three months, the Village can withdraw it. Ms. Cramer noted the applicant can also then pay a fee to keep it in the system. Mayor Gerwig personally felt that it would be unfair to almost everyone for them to force this hearing. Vice Mayor McGovern voiced his agreement especially since all the applications should ultimately be heard together. He said that PZAB should complete their work, and if the applicant can get FAA and FDOT to weigh in before Council hears this, then that will be beneficial since there are significant conflict issues regarding the runways. He felt, at least for the public, delaying these applications, was the right thing to do. There were no changes recommended. Village of Wellington Page 12 Village Council Workshop Action Summary - Final January 22, 2018 K. 18-1771 RESOLUTION NO. R2017-20 (VILLAGE GREEN CENTER DEVELOPMENT ORDER AMENDMENT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A DEVELOPMENT ORDER AMENDMENT [PETITION NUMBER 17-044 (2017-030 DOA 2)] FOR CERTAIN PROPERTY KNOWN AS VILLAGE GREEN CENTER, TOTALING 15.89 ACRES, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF STATE ROAD 7 AND STRIBLING WAY, APPROXIMATELY ONE (1) MILE SOUTH OF FOREST HILL BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; TO AMEND THE CONDITIONS OF APPROVAL OF THE DEVELOPMENT ORDER APPROVED BY RESOLUTION NO. R2013-15; TO ALLOW A FOURTH FAST FOOD RESTAURANT WITH DRIVE-THROUGH AS A CONDITIONAL USE; TO ALLOW MEDICAL OFFICE USE WITHIN BUILDING D AS A CONDITIONAL USE; TO REDUCE THE MAXIMUM ALLOWABLE SQUARE FOOTAGE FOR THE PROJECT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This is the approval of Resolution No. R2017-20, a Development Order Amendment to amend the conditions of approval set forth in Resolution No. R2013-15 to allow a maximum of four (4) fast food restaurants with drive-thrus, to allow medical office use within Building D and to reduce the overall square footage for the Village Green Center project. Mr. Basehart said Village Green has a two-story office building approved that had not yet been built. He said that when it was approved, it could not have any medical because of the traffic concurrency limitations. He noted that medical generates more traffic than general office. He said that the last outparcel has come in as a Starbucks which is part of the amendment. Mr. Basehart said that they have made traffic adjustments, reduced the ultimate square footage of the entire center to make up for some traffic credits, and they now have obtained County traffic approval to make that office building all medical. Mayor Gerwig asked if the applicant reduced the square footage of the medical building. Mr. Basehart explained that the total square footage of the entire site was reduced. Mayor Gerwig asked where the reduction had come from. Ms. Cramer noted that the reduction had come from all over the site. Mr. Basehart said that they were not really giving anything up. He said that there had been a limitation on the total number of square feet; however, they had not used all of it. He said that the office building was approved for 137,214 square feet which will be reduced to 110,930 square feet. He indicated that there was an overall condition on the site Village of Wellington Page 13 Village Council Workshop Action Summary - Final January 22, 2018 that said the total office space could not exceed 182,952 square feet which was being reduced to 146,207 square feet. He indicated that what they are reducing was the size of the already approved office building so it can be medical. Mr. Basehart said that the rest of it was that they just underbuilt some of their other square footage. Ms. Cramer advised Council that she would provide them with the breakdown that shows the original square footage as opposed to what was actually built. Councilman Napoleone referred to page 284, and asked why number 9 says there is currently no breakfast at Building I (Buffalo Wild Wings), and asked why that was currently a condition. In response, Mr. Basehart said it was included because it affects traffic generation at peak hours. Councilman Napoleone said that they are being prohibited from serving breakfast which is something they currently do not do. Mr. Schofield said that it was conditioned for future use to be prohibited. Ms. Cramer pointed out that Buffalo Wild Wings does not have a drive through so the sit down option for breakfast is different than for a drive through which was why that condition was added for future use. Vice Mayor McGovern said that #11 says no new building permits, and he asked if that was included for Starbucks, medical office and for all of them. Mr. Basehart responded affirmatively. He said that the County does that with their traffic approval. He said that you are required to provide your build-out date and you only have to analyze your traffic up to and including that date because every year you need to add "anticipated background" traffic from all the projects and traditional growth of traffic on the road. He said that you do the analysis out to a certain point and then they establish that as the buildout date. Councilman Napoleone asked if they were going to have dual left turn lanes. Mr. Basehart responded affirmatively. He said that under current traffic rules, they were not building the turn lanes and it was not known when it will be done. Councilman Napoleone said that they are giving the Village 26% of the cost to do it and the Village pays the other 74% and will then build it. Mr. Basehart added that it could also include other contributors. Village of Wellington Page 14 Village Council Workshop Action Summary - Final January 22, 2018 L. 18-1787 RESOLUTION NO. R2018-05 (GRAND CHAMPIONS POLO CLUB’S WINTER / SPRING POLO SEASON 2018 SEASONAL PERMIT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A SEASONAL PERMIT FOR GRAND CHAMPIONS POLO CLUB’S WINTER/SPRING POLO SEASON 2018, LOCATED AT 13444 SOUTHFIELDS ROAD FOR POLO EVENTS USE FROM FEBRUARY 1, 2018 THROUGH MAY 29, 2018; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This is the approval of Resolution No. R2018-05 for a Seasonal Permit for Grand Champions Polo Club’s Winter/Spring Polo Season 2018, located at 13444 Southfields Road from February 1, 2018 through May 29, 2018. Mr. Basehart said that this was a seasonal permit that Council granted last year. He explained that under the new Article 5 provisions, if there are no issues or changes for repeat permits, they can be approved administratively. However, the ordinance included a provision that for existing permits, the very first renewal after adoption would still have to come before Council. He said this permit was for 18 events over 108 event days and was essentially the same as last year. He said they would have 5 large tents, 20 small vendor tents and the same 27 Conditions of Approval as last year. Councilman Napoleone asked if the Village had any compliance issues last year. Mr. Basehart responded that there had been no issues. Mayor Gerwig asked if there were any complaints from the public about the events. Mr. Basehart said there were no complaints. Mayor Gerwig said that since this permit has gone through its repeat approval, then it will not have to come back to Council. Mr. Basehart said it will not come back unless Council specifically says that in the approval that it has to come back before them. Mayor Gerwig asked if there was a trigger that would make the permit have to come back to Council for approval. Mr. Basehart said it would come back if there was evidence that they have not fully complied with conditions or there were legitimate complaints about the operation. If that was the case, Mr. Basehart said then staff would decline to approve the permit administratively noting that Article 5 provides that appeals go to the Board that granted the original approval which would be the Council. Councilman Napoleone said if there were complaints from the event this year, then staff can still decide to issue the permit without coming to Council. Mr. Basehart said that was correct. Councilman Napoleone Village of Wellington Page 15 Village Council Workshop Action Summary - Final January 22, 2018 then said that perhaps they should think about the permit having to come back before them even if there are no changes, but there are complaints. Mayor Gerwig said that she felt they were leaving that up to staff for that to be a trigger. She felt if the impact of the permit changed, then she would expect that to be a trigger for staff to consider. Mr. Schofield said that if they have noise complaints, traffic backing up, violations of conditions, and those types of things, then that would trigger the permit coming back to Council. He said they will let Council see those complaints that would rise to the Council level beforehand. Mr. Basehart said that Grand Champions Polo has been traditionally good permittees. There were no changes recommended. Village of Wellington Page 16 Village Council Workshop Action Summary - Final January 22, 2018 M. 18-1836 ORDINANCE NO. 2018-04 (CHANGES TO CHAPTER 18 OF WELLINGTON CODE OF ORDINANCES) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL RELATING TO BUILDING CODES AND THE ADOPTION OF THE FLORIDA BUILDING CODE 6th EDITION (2017) AS REQUIRED BY STATE STATUTE; ADOPTING A LOCAL ADMINISTRATION SECTION AS PROVIDED FOR IN THE STATE BUILDING CODE BASED UPON THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY MODEL AND BUILDING OFFICIALS ASSOCIATION OF FLORIDA MODEL; AMENDING SEC. 18.31 (1), (2) AND (3) REGARDING THE ADOPTION OF THE GROUP OF CODES KNOWN AS FLORIDA BUILDING CODE 6th EDITION (2017), INCLUDING THE: BUILDING, RESIDENTIAL, EXISTING BUILDING, ACCESSIBILITY, MECHANICAL, PLUMBING, FUEL GAS, ENERGY, NATIONAL ELECTRICAL CODE, THE FLORIDA FIRE PREVENTION CODE AS AMENDED BY PALM BEACH COUNTY, INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING AND READOPTING SEC. 18.32, WELLINGTON BUILDING CODE ADMINISTRATIVE CODE, IN ITS ENTIRETY; AMENDING SEC. 18.33 AMENDMENTS TO THE FLORIDA BUILDING CODE TO REFERENCE THE CHANGED SECTION REFERENCES OF THE STATE BUILDING CODE AND ADOPTING WINDSPEED MAPS; PROVIDING FOR CODIFICATION; PROVIDING AN ADOPTION DATE; AND, PROVIDING A CONFLICTS CLAUSE; PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This is the second reading and adoption of Ordinance No. 2018-04 which adopts The Florida Building Code 6th Edition (2017). He said that nothing has changed since this was last presented to Council on First Reading. He noted that the Village is required to adopt the Building Code, and if they do not, it still goes into effect. Mr. Schofield said that there are some changes to the administration section that make it work better for Wellington; but pointed out that the Village does not have the ability to change any of the substantive parts of the Code relating to electrical, mechanical, plumbing, roofing, and structural. Mayor Gerwig said that she found out about one particular change that had been made which makes sense which is the windows size. Mr. Tomasik said he was pleased with that change as it makes it easier for the Village to enforce it. He explained that the State relaxed a little bit on the requirements of the egress. Mr. Tomasik further explained that when you are replacing windows, you are now able to install the same type of window that you had before even though it reduces the egress from the sleeping areas. Mr. Schofield added that if you change your standard size window, and go out to a storm-rated window which have larger and Village of Wellington Page 17 Village Council Workshop Action Summary - Final January 22, 2018 sturdier frames and the areas that emergency workers can get in and out is smaller is a change to the actual Building Code. Mayor Gerwig felt that this was fixing something that made no sense. Mr. Tomasik agreed with Mayor Gerwig and said that the original code allowed a reduction of 5% when they switched conventional windows to impact windows. Mr. Schofield said that was in the actual Building Code and not the section that the Village was changing. Mr. Schofield said there was alot of social media comments about the cost of the Village's building permits. He said the Village has raised the cost of building permits because it is a service that they provide to someone. He explained that their Building Department does not make money, but it should pay for itself. He said that if you are getting a permit, the cost to process the permit is a part of it. Mr. Schofield said that they looked at the social media posts which he had Mr. Tomasik look into and they contacted the resident. He explained that there was a mistake made in part of the fee and that fee has already been refunded. He said that it was for a fence and there should not have been a plan review fee associated with it. Councilman Drahos asked how much was the actual increase for the building permit fee. Mr. Tomasik said that the medium building permit fee became $150.00. For this particular situation, since the Building Code does not regulate a fence with the exception of fences that are pool barriers, they should not do a plan review for those fences because there is nothing to review He said that they do inspect them for compliance with the zoning regulation type of fence and setbacks; however, they do not do a building review of fences. Mr. Tomasik said that fee was accidentally charged, and when they saw that on social media, he contacted the contractor, explained the mistake, and offered him a refund which was accepted. Vice Mayor McGovern asked if other people had been charged that fee in the timeframe from when they made the change to now. Mr. Tomasik responded affirmatively. Mayor Gerwig felt that they should also be correcting the others. Mr. Schofield said that they were, but there was a broader thing going on with that as well. He said that once they identified that problem, he asked Jacek to go back and look at the Village's minimum permit fees noting that that there are some things that require permits. Mr. Schofield said that the Village does not charge a fee for hot water heaters. Mr. Tomasik said that they have eliminated permit fees for them and they charge the absolute minimum review fee which is only when water heaters are changed from gas to electric. Mr. Schofield said if they are changing out electric to electric, then only a fax has to be sent Village of Wellington Page 18 Village Council Workshop Action Summary - Final January 22, 2018 in and the Village then goes and inspects it. He said that one thing that he asked Mr. Tomasik to initiate was to take a look at every type of permit that the Village reviews noting that they would then probably come back to Council for a change to the Code. He felt that even on the small items, he believed the permit fees should not exceed 20% of the cost of the work. As an example, he said if you are doing an electrical change out that requires a permit and the electrician is charging $500.00 to do it, he did not think they should be looking at a $150.00 building fee and a plan review fee that takes it to $250.00. He said that they will be coming back to Council for things like that which sets the maximum at 20%. Mr. Schofield said if people will call the Village instead of putting it on social media, they will take care of it. Councilman Drahos said that he was happy they were doing the review, but he thought some of it involves public safety. He said that a fence that is not properly installed can become a projectile during a hurricane . Councilman Drahos said that he understands the need for a permit and specialized inspection, but he did not want to go too far and start limiting their review in order to save costs. In response, Mr. Tomasik explained that there are Code sections that apply to Miami/Dade that regulate fences that are exposed to windloads and other things, but that portion of the Code only applied from Deerfield Beach to the South which is Miami/Dade. He said that Palm Beach County is in a location where fences are not regulated by the Building Code with only pool barriers being regulated as a life safety issue. He said that they do review and apply the review fee to the pool barrier fences. Mr. Schofield said for the other fences, they are only looking to see what they are and that they have proper posts and that sort of thing. Mr. Basehart added that there are zoning requirements including the type of fence that can be installed as well as the height of the fences. Mr. Tomasik reiterated that fences are inspected even if they are not pool barriers for zoning requirements, i.e., type of fence, height, location and that they are placed within the property boundaries. Councilman Drahos asked if they were doing an audit on what type of work requires a review fee. Mr. Tomasik said that they eliminated the building plan review fee on the fences. He said that if you apply for a building permit on a fence, you will receive a zoning review for zoning regulations, but it will have no building plan review which means there is no review related to the Florida Building Code. Mr. Schofield reiterated that there is no standard in the Building Code for fences other than pool barriers. Vice Mayor McGovern said that when they standardized and amended fees, at that point in time, it was represented to Council that the basic jist Village of Wellington Page 19 Village Council Workshop Action Summary - Final January 22, 2018 of it was that they were making sure the fee was what it cost the Village to do the review. Mr. Schofield said that was correct. Vice Mayor McGovern then said, then in this regard, there should be no need for an adjustment. Mr. Schofield said that was true for the most part; however, he wanted Mr. Tomasik to look at that because they are doing certain things and he wanted to know what is being done. Vice Mayor McGovern thought there may be a life safety reason to do a $200 review to a $500.00 repair maybe that is just how it has to be. Mayor Gerwig said that may be the case, but in this case, there is no Code to apply to the fence. Vice Mayor McGovern said that he was not talking about the fence, but in general. Mr. Schofield presented an example where the $250.00 would be charged for something that could be a $500.00 contract. He said if someone is having a generator put in and the contractor is coming in and putting in an automatic switchover, that would get a full review fee because several things have to happen. He said that they have to ensure the switch works, that it prevents power from going back into FPL's grid, and there is a life safety issue. He explained that if someone is having fascia repaired on the house generally speaking they will not be required to get a permit; however, if they start pulling off the roof and do the entire thing, the Village wants to see that. Vice Mayor McGovern believed that is what they had done with the last amendment to this. He said that the question on the misapplied fee was what scale has this been misapplied. Mr. Tomasik said that there probably are not many. Vice Mayor McGovern asked if it had been misapplied other than for fences. Mr Tomasik said that to the best of his knowledge that had not been done. Mr. Schofield said that as a Manager he is not perfect nor is his staff, but when they make mistakes, they will go look at them and find out what they can do to make sure they never make them again. He said that was why he asked Jacek to do the review on all of the types of things that have relatively small values, what they are doing with them, how they are looking at them, and which ones they are. Vice Mayor McGovern asked if the Village could reimburse the fee for anyone who was improperly charged from the the time the fee structure was amended. Mr. Tomasik said they could do that. Mayor Gerwig said that this person complained on social media where they could have mentioned something to Mr. Tomasik at the time which is the better way. She said if something seems exorbitant to someone they should speak up at that time and question why they are being charged such a high fee. She wanted to have more interaction with the public Village of Wellington Page 20 Village Council Workshop Action Summary - Final January 22, 2018 when something seems odd as they could have caught the problem. Mr. Tomasik said if that had been done, they would have responded immediately. Mr. Schofield said that several Council members called him about it, but he had already seen it and spoken to Jacek. He said as a general rule, he does not respond on social media. He reiterated that when they need to fix something, they will look and fix it and he wanted Council and their residents to know that they are doing that. There were no changes recommended. Village of Wellington Page 21 Village Council Workshop Action Summary - Final January 22, 2018 N. 18-1779 RESOLUTION NO. R2018-03 (GREENBRIAR PARK IMPROVEMENTS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE SALES SURTAX CAPITAL FUND BUDGETS FOR FISCAL YEAR 2018 BY TRANSFERRING MONIES FROM THE SOUTH SHORE COMMUNITY PARK RENOVATIONS TO THE GREENBRIAR PARK IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This is the approval of Resolution No. R2018-03 to transfer $2,500,000 from South Shore Community Park Renovations to Greenbriar Park Improvements. He explained that this is a project that was not originally in the capital budget, and will take a number of years to build. Mr. Schofield explained that they have to move some money in to fund the project. He said that Ms. Quickel will explain it as the accounting became a little more complex than what was originally discussed. He said that there was some funding that had not been spent from last year's budget that they were going to roll into this, but because of the logistics of how the capital projects worked and then the number of years over which projects are funded, it was more complex. Mayor Gerwig said currently two volley ball courts are located there, but they were just showing one. She asked if they were losing one of them . Mr. Schofield said they would not lose any of the courts. He added that they originally thought that they were going to put in some additional volley ball courts, but by the time they started dealing with the stormwater retention for the plan at buildout, there was not room to do that, and still get four multiuse fields. He noted that the fields are sized for LaCrosse which is the biggest field they use. Ms. Quickel explained that the budget that was approved for 2017/2018 did not include this park. She said when they did the surtax funding, they used the carryforward money that Mr. Schofield referred to. She said that they started collecting the surtax money on January 1, 2017, collected it for nine months through September 30, 2017 noting this was new revenue that was voted in by the voters. Ms. Quickel said that approximately $2.4 million was carried forward and added to their annual estimate that they received which they believe is around $3.5 million, so they had a total amount to be budgeted for approximately $6 million. She said that the big part to redo was the old Boys and Girls Club which they are now calling South Shore Park and there were a few smaller projects like that which were all included in the budget. She pointed out that when Hurricane Irma occurred that area of the Dog Park became the lay down for debris area. She noted that there was also a desire for more field space. Ms. Quickel said that they looked at this park and applied for another grant for it, but that was more for passive activity. She said that Village of Wellington Page 22 Village Council Workshop Action Summary - Final January 22, 2018 when they did that, they were asked to come forward with this plan so they need to reappropriate the funds. She noted that this park was in Council's Capital Plan for next year, 2018-2019, so this budget amendment only transfers some $2.5 million from existing surtax fund into this project. She noted that Council did not award this project as part of this year's budget. The Boys & Girls Club project and this one will run parallel to each other in phases. Vice Mayor McGovern asked what exactly was this changing. In response, Ms. Quickel explained that since it was not awarded, the project first has to be budgeted, and this is the official budgeting for this project. Vice Mayor McGovern asked if they were taking anything away or were they just changing the timeline. Ms. Quickel noted that they were just changing the timeline. Vice Mayor McGovern asked what was the current timeline. Ms. Quickel explained that each of the parks is around $4 million to $5 million which was why the Dog Park was scheduled for 2018/2019 so they will need the surtax dollars from next year to finish both parks so it will run into next year. Ms. Quickel said that from a work perspective, the Village would have a hard time getting them both done in this fiscal year which was why they were phased. Mayor Gerwig noted that the fields at South Shore Park are actually usable so it is not as dire. She said that this was actually adding four multipurpose fields. Ms. Quickel said that they just moved up a project and they will run that parallel path. Councilman Drahos asked if the Boys & Girls Club project (South Shore Park) will be completed in 2018. Mr. Schofield said that he doubted very much that it would be finished this year. Mr. Barnes added that it would not be completed in the calendar year 2018. Councilman Drahos inquired about the gymnasium part of that project. Mr. Barnes noted that was a future phase of the project. He said that the actual field work was a multi phase project. He said that the intent was to get as much done on South Shore initially, but once the Greenbriar site was brought into the mix and the demand for the field space, it then made sense to go forward with both parks as phased projects. Vice Mayor McGovern asked what was Phase 1 for each project. Mr. Barnes said that they are going through the selection of design consultants this week, and he did not think it was best for them to determine that at this time until they sat down with a detailed design and figure out the best way to phase and construct them. Vice Mayor McGovern asked if they were talking about phasing Greenbriar or South Shore or both. Mr. Schofield said that they were both always phased. The South Shore Park will stay on its phasing. The problem with the Village of Wellington Page 23 Village Council Workshop Action Summary - Final January 22, 2018 Greenbriar Park is that by the time they are done, they are $5 million into this noting they have $2.4 million to put into it. So, they will do a couple of fields and some parking up front and then they will expand the rest of it out. Mr. Schofield said that he wanted the residents and the Council to be clear that the Village has never constructed one of their parks in a single phase. He said that they will need to remove the muck from the Greenbriar Park to bring it up to standard. Mr. Schofield said that the priorities will be the baseball fields and then the gymnasium will be in a separate phase because it is expensive. Although, he pointed out that they also cannot delay it too long because they have more demands on their current gymnasiums than they can meet. He said that the fields at South Shore will move very quickly, but the Greenbriar Park will happen a little more slowly. He noted that until he sees the numbers come back from the consultant, he believed that they will see two fields and some parking up front. He said that they will set it up for lighting, but it will not be in the first phase because it can run about $800,000 per field. Mayor Gerwig pointed out that there were issues with the lighting because of the runway. Mr. Schofield noted that they had talked to a lighting consultant who actually lives in the Aero Club, and he believed that he had something, but until the Village sees it, they do not know. Councilman Napoleone believed the residents wanted to know when they could expect to use the new fields, particularly the fields at the Dog Park area since South Shore already has usable fields. Mr. Barnes said that the residents could expect to be able to use the fields at the Dog Park in 2019. Mr. Schofield explained the process to begin and noted that they would be under construction for about 12 months. He said that they are seeing these fields usable in 2019 and not in 2020/2021 because of what Council asked staff to do. With regard to the Greenbriar Park area, Councilman Napoleone said they were called stormwater retention areas and asked if they were unprogrammed areas that people can use. Mr. Schofield said that they are low area that cannot be used in the summer, but can be used in the winter. He noted that they are elevated about one foot to one and half feet above the watertable. He said that they put stormwater in there which they have to have. Councilman Napoleone said that his request was to have some open unprogrammed space somewhere in the Village, and was hoping it would be here, but he understood that. With regard to programmable fields, Mr. Barnes said that there is a need for the different programs. He said that when they talk about open play, they are still fields. When you talk about just greenspace, they are talking about areas that do not remotely resemble fields. He said that if Village of Wellington Page 24 Village Council Workshop Action Summary - Final January 22, 2018 something looks like a field even if it is not programmed, open play turns into programmed space. Mayor Gerwig referred to the Village's tree nursery that is located at the Greenbriar site, and asked where the trees would be moved to. In response, Mr. Barnes said that the Public Works Department is looking at using them at different sites around the Village including Stribling and SR7 where they are proposing a landscape buffer along the K-Park property. Mayor Gerwig spoke about the history of buying trees and keeping them there which the Village found to be cost effective. She asked if any other municipality purchases and stores trees as a normal practice. Mr. Barnes said that municipalities and public agencies have moved away from having nurseries although he believed some cities still do, but most of the large scale public agency nurseries have gone by the wayside. He explained that it is more cost effective to get them installed or purchased by a vendor or purchase because of the warranty that comes with the trees. Mayor Gerwig thought it was brilliant when they did the tree nursery; however, she did not believe it was the best use of the property. Mr. Barnes reiterated that the Village will be using the trees. Mayor Gerwig said that she had met with Larry Kemp on behalf of the Rotary Club and they have a rotarian project of doing a tree for every rotarian in the group. She said that there are about 50 members of the Wellington Rotary Club, and they wanted to know how to partner with the Village for their tree project. Mayor Gerwig liked the idea of them providing the trees for South Shore Park because she thought about 50 trees would be required there. She said that the Club wanted to have some recognition for what they have done, i.e., plaque. She indicated that they want to pay for the trees and plant them, but in the process, she thought it made more sense to do it in one particular place. Mayor Gerwig said that Mr. Kemp will take that idea back for discussion with his group. Mayor Gerwig asked Council how they felt about her idea for the trees. Council voiced their support of Mayor Gerwig's idea. Councilman Drahos asked if the Village was going to tear down the present Boys & Girls Club building, and what will be there until the gymnasium is built. Mr. Barnes pointed out that this is a completely conceptual plan that has to be vetted with the design professions. He said that the ultimate plan envisions the building being demolished. He did not know how that worked into the phasing. Mr. Schofield noted that the long term plan for that building is to take it down noting that they have already had parts taken off. He said that at one point, they were actually strapping that tower back. He said that it is an old building that is long past its service life. Mr. Schofield indicated that the Public Works and Parks Department stores things like seasonal decorations, and some Village of Wellington Page 25 Village Council Workshop Action Summary - Final January 22, 2018 records are stored there as they are eliminating that need through scanning. Mr. Schofield said that you cannot convert that building into a gymnasium as it is long past the Village's ability to do anything with it. He reiterated that in the long term, the building was going to come down, but he did not believe it would still be there in three years. Mr. Schofield said that staff will be talking to Council about the expansion of Public Works to meet their needs for the next 20 years, and then the relocation of the Sheriff's sub-station which are all part and parcel of this. He said that the capital plan is a large part of moving machinery and things have to be done in a sequence. He said that until the Public Works portion is done, the building stays. He said that when they are doing the capital budget and directions this year, they will hear more about that because they are about to get into a very intense period of construction as they get into dealing with parks, roads and all the things they are looking at. Mr. Schofield said that Council could expect the capital budget to be a significant part of their decision and policy making for at least the next three years. There were no changes recommended. O. 18-1790 RESOLUTION NO. R2018-06 (TEMPORARY EASEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND VILLAGE OF WELLINGTON) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING THE MAYOR OR VICE MAYOR AND THE VILLAGE CLERK TO EXECUTE THE TEMPORARY EASEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF THE SR80 AND FOREST HILL BOULEVARD INTERSECTION IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This is the approval of Resolution No. R2018-06 authorizing the Mayor or Vice Mayor and Village Clerk to execute a Temporary Easement. He noted that this is required as part of the SR80 improvements. He directed staff to look at page 333 as it showed the best depiction of what is happening. Mr. Lundeen said that the red line indicated where the new gravity wall will be placed, and the blue line is the actual limits of the temporary construction easement required by DOT to do the construction in that area. There were no changes recommended. Village of Wellington Page 26 Village Council Workshop Action Summary - Final January 22, 2018 P. 18-1821 MODIFICATION TO DEED RESTRICTIONS TEMPLE B’NAI JACOBS Mr. Schofield introduced the agenda item. He said that this is the modification to deed restrictions with Temple B'Nai Jacob. He said that the Temple has asked for a relatively minor change. He explained that when the Village sold the property to the Temple, a restriction was placed on it that said it could only be a temple, daycare and things normally associated with it. He said that the Temple has not been able to get the funds to build the facility and they would like to sell it to another religious institution that would also have a day care. Mr. Schofield said that the Temple is proposing a change in the language, changing Temple to House of Worship. Ms. Cohen added that she thought it was important to not prefer one religion over another so it made sense to make the change. Vice Mayor McGovern said this property is currently up for sale and he has received numerous calls from residents expressing concern over the deed restrictions and how it will be sold and what it could be used for . He said that he has had numerous discussions with the Manager about that. He asked what was the exact intended purpose for the change as it applies to the Temple's ability to sell the property. In response, Ms . Cohen said that it was her understanding that there is possibly a contract, or at least a desire, to purchase the property by the Presbyterian Church . Mayor Gerwig noted that they are now called Christ Community Church. Ms. Cohen said this change would permit that sale to occur. She said that her concern was that if the designation was not changed then it appears that the Village is preferring one religion over another. She felt that it should have been more generic when it was originally written so she did not think the change was bad. Ms. Cohen said that it does not allow anything in the world to be built there as it has to be a religious and educational institution. Vice Mayor McGovern asked what was the original date of the covenant . Mr. Schofield explained that when the Orange Point PUD was done, it was one of the properties that the County received and then it came to the Village on incorporation. Mayor Gerwig said that the property was originally designated for civic use and it was sold February 16, 2010 to Temple B'Nai Jacob. Mr. Schofield said that was correct noting that under the Village's Zoning Code, one of the permissible uses for civic sites is a house of worship . He said that a Comprehensive Plan Amendment would have to be done in order to build homes or businesses which is entirely discretionary on Council's part. Village of Wellington Page 27 Village Council Workshop Action Summary - Final January 22, 2018 Vice Mayor McGovern said that he wanted to see the original covenant . Ms. Cohen read the language which was included in the entire covenant in the original. She then referred to page 2 which showed the change to the language which says instead of "synagogue", it is being changed to a "place of worship and preschool for religious purposes." Vice Mayor McGovern asked if a place of worship was presently defined under the Village's Code. Ms. Cohen and Mr. Schofield indicated that they would have to go back and look at the Code. Mr. Schofield noted that houses of workship would be governed by the federal regulation that was passed in 1999 which says what the Village can and cannot do with them. Councilman Drahos asked if a house of worship would be required with the same setbacks and things of that nature. Mr.Schofield said none of that changes. Vice Mayor McGovern wanted to ensure that they were not replacing one ambiguity with another and wanted to be sure that they were selecting a term that was clear. Mr. Schofield said that Section 26 is the Supplemental Regulations that deals with churches and places of worship. He said that he will have clarification for tomorrow night's meeting. Note: Later in the meeting, Ms. Cohen provided the definition Council was seeking for place of worship. She read that a church or place of worship means a premise or site used primarily or exclusively for religious worship and related religious services or established place of worship, retreat site, camp, convent, seminary or similar facilities owned or operated by a tax exempt religious group for religious activities. Village of Wellington Page 28 Village Council Workshop Action Summary - Final January 22, 2018 Q. 18-1813 APPROVAL OF AMENDMENT TO VILLAGE ATTORNEY’S CONTRACT Mr. Schofield introduced the agenda item. This is the approval of the amendment to Village Attorney’s Contract. He explained that there is an ambiguity in Ms. Cohen's contract about longevity pay. He said that it was always the intent that she would be able to collect that based on her being a five-year employee. He said that the auditors said that there was some vagueness in the contract about that, so this corrects that. Mayor Gerwig said that she recalled the discussion by the Council at the time because it was part of the contract negotiations, and she believed Council all agreed on that portion of it. She asked if it was correct that this puts their stated agreement into a written document so the auditors are satisfied so they are aware of the obligation. Ms. Cohen said that was correct. ACME ANNUAL LANDOWNERS MEETING Mr. Schofield said that the Acme Annual Landowners meeting wll be held after the Regular Council meeting is adjourned. He said that it is an opportunity for the landowners to come in and talk to the Board of Supervisors (Council). He said that one of the things that they need to do is select a Chairman and generally, they select a Vice Chair as well. It has been the Village's practice that the Chairperson is the Mayor and the Vice Chairperson is the Vice Mayor. Mr. Schofield said that Laurie Cohen is the Attorney, he is the District Administrator and Tanya Quickel is the Treasurer. Mr. Schofield explained that Acme is an entirely dependent distrct. The Board is the Council and they take no action on budgets that are not advertised. He said Acme's budget is adopted in August and is like the other assessments, i.e., utility rates and solid waste assessments. He said that at this time, no operational changes were being made to the Acme Improvement District other than select the Chairperson. 5. WORKSHOP 6. ATTORNEY'S COMMENTS Ms. Cohen said she would provide an update on the Robert Friedman fees at the Council meeting. Village of Wellington Page 29 Village Council Workshop Action Summary - Final January 22, 2018 7. MANAGER COMMENTS No comments. 8. COUNCIL COMMENTS Mayor Gerwig said that she wanted Council to call a Shade Session on the Ritter decision. She said she wanted them to discuss it which they cannot do at an open meeting. Ms. Cohen said that she would schedule a Shade Session. She advised that they should reserve any comment relating to that. 9. ADJOURN There being no further business to be discussed by Council, the meeting was adjourned at 5:30 p.m. Village of Wellington Page 30