Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary Monday, February 24, 2020 4:00 PM Village Hall - Conference Rooms 1E & 1F Village Council Workshop Anne Gerwig, Mayor Michael J. Napoleone, Vice Mayor John T. McGovern, Councilman Michael Drahos, Councilman Tanya Siskind, Councilwoman Village Council Workshop Action Summary February 24, 2020 1. CALL TO ORDER In Mayor Gerwig's absence, Vice Mayor Napoleone called the meeting to order at 4:00 p.m. Council Members in Attendance: Michael Napoleone, Vice Mayor; John McGovern, Councilman; and Tanya Siskind, Councilwoman. Council Members Not in Attendance: Anne Gerwig, Mayor and Michael Drahos, Councilman. 2. PLEDGE OF ALLEGIANCE Vice Mayor Napoleone led the Pledge of Allegiance. 3. 20-3613 EMPLOYEE OF THE MONTH FOR DECEMBER 2019 – TAMI DRAKE Mr. Schofield introduced the agenda item. This was the presentation and recognition of the Employee of the Month for December 2019, Tami Drake. Mr. Matt Estes, Parks Operations Supervisor, announced that Tami Drake was nominated as the Village's December Employee of the Month. He stated that Tami joined the Village in 2001 as a part-time Recreation Specialist. She was later promoted to the position of Administrative Assistant and then Senior Administrative Assistant in Public Works Administration. Mr. Estes noted that Tami has worked hard to keep the Aquatics and Sports Facilities Departments and his staff running smoothly. He stated that she is a vital part of the Department, assisting with everything from scheduling to purchasing. He further stated that she is always willing to go the extra mile to lend a helping hand to other employees, and responding to questions. He said that Tami is focused, dependable and always willing to lend a hand in any way she can. Mr. Estes said that he really appreciates the work she does for his department. He stated that it was for these reasons and more why Tami Drake was named the December Employee of the Month. Ms. Drake expressed her thanks for the recognition. Mr. Schofield and Council extended their congratulations to Ms. Drake. 5. REVIEW OF COUNCIL AGENDA Mr. Schofield presented the agenda for the February 25, 2020 Council Meeting for review. Village of Wellington Page 1 Village Council Workshop Action Summary February 24, 2020 Mr. Schofield requested that the Discussion on the Founders Plaque be moved from the Regular Agenda to Presentations and Proclamations. He explained that a request was received from the Wellington Community Foundation to discuss Hometown Heroes which he felt would tie in with this item. This item would become 6A. A. 20-3578 PRESENTATION AND RECOGNITION OF TEXTING YOUR LIFE AWAY ESSAY CONTEST WINNERS Mr. Schofield introduced the agenda item. This was the presentation and recognition of the Texting Your Life Away Essay Contest winners from Palm Beach Central and Wellington High Schools. B. 20-3623 PRESENTATION AND DISCUSSION OF AUDIT RESULTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2019 Mr. Schofield introduced the agenda item. This was the presentation and discussion of audit results for the fiscal year ended September 30, 2019. C. 20-3586 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF JANUARY 13, 2020 AND JANUARY 28, 2020 AND MINUTES OF THE ACME LANDOWNERS MEETING OF JANUARY 28, 2020 Mr. Schofield introduced the agenda item. This was Council approval of the Minutes of the Regular Wellington Council Meetings of January 13, 2020 and January 28, 2020 and Minutes of the Acme Landowners Meeting of January 28, 2020. He advised Council that Ms. Addie would be happy to make any changes. D. 20-3622 FLORIDA BICYCLE MONTH PROCLAMATION – MARCH 2020 Mr. Schofield introduced the agenda item. This was a proclamation declaring March 2020 as Florida Bicycle Month in the Village of Wellington. E. 17-1617 AUTHORIZATION TO: 1) AWARD A CONSTRUCTION CONTRACT FOR THE TELEMETRY SYSTEM UPGRADE PHASE II PROJECT; 2) AWARD A TASK ORDER TO PROVIDE CONSTRUCTION PHASE ENGINEERING SERVICES; 3) AWARD A CONTRACT TO PROVIDE TELEMETRY EQUIPMENT; AND 4) APPROVAL OF RESOLUTION NO. R2020-01 AMENDING THE UTILITY FUND CAPITAL BUDGET FOR FISCAL YEAR 2019-2020 BY ALLOCATING FUND BALANCE FOR UTILITY TELEMETRY SYSTEM UPGRADE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This was authorization to: 1) Award a construction contract to MCIS, Inc., for the Telemetry System Upgrade Phase II Project in the amount of $1,437,770.92, including a Village of Wellington Page 2 Village Council Workshop Action Summary February 24, 2020 contingency of $200,000: 2) Award a task order to Hillers Electrical Engineering, Inc., to provide construction phase engineering services for the project, in the amount of $50,001.00; 3) Award a contract to ABB, Inc., in the amount of $526,251.00 for telemetry equipment; and 4) Approval of Resolution No. R2020-01 amending the Utility Fund Capital Budget for Fiscal Year 2019-2020 by allocating fund balance for Utility Telemetry System Upgrade; and providing an effective date. Ms. Shannon LaRocque, Utilities Director, advised Council that this agenda item had four elements: (1) award a contract to MCIS for $1,437,770.92, which includes a $200,000 contingency; (2) award a work order to Hillers Electrical for $50,000 to assist the Village's staff oversee the construction; (3) a direct purchase with ABB, Inc. for $526,251 for telemetry equipment; and (4) a budget amendment. Ms. LaRocque explained that this was the replacement of the Village's entire remote telemetry system. She showed a map showing the locations noting that there were 294. She further explained that they allow the Water Plant and Wastewater Plant to communicate with all of the Village's remote facilities including the lift stations, wells, booster stations, stormwater pump stations and the reuse pump stations. Ms. LaRocque advised that they have been trying since 2017 to replace the system as it is 15 years old and desperately needs to be replaced. She said that when they first started trying to do this, FP&L said that the Village could no longer locate on their poles so they had to regroup and redesign. She said this resulted in the budget amendment because they had to put in 33 additional poles, which was not originally anticipated. Ms. LaRocque said that when the project is completed, the Village would no longer be occupying any of FP&L's poles. Ms. LaRocque said that there is no public access as this is a secure and encrypted system, which is important for the utility system. She said that MCIS will be the contractor that installs all of the equipment and the equipment that they will be purchasing from ABB. She said that the company will be removing all of the existing ones, replacing them and installing the new poles and will utilize some solar panels as a test case . She noted that this was a priority project of the utility and she was confident it would have come under budget if FP&L had allowed them the use of their poles. F. 19-3409 AUTHORIZATION TO APPROVE A TASK ORDER TO HAZEN AND SAWYER, P.C. TO PROVIDE ENGINEERING SERVICES FOR THE WATER RECLAMATION FACILITY GENERATOR MODIFICATIONS DESIGN Mr. Schofield introduced the agenda item. This was authorization to approve a task order to Hazen and Sawyer, P.C. to provide engineering Village of Wellington Page 3 Village Council Workshop Action Summary February 24, 2020 services for the Water Reclamation Facility Generator Modifications Design at a cost of $112,864.00. Ms. LaRocque said that this was a work order to Hazen and Sawyer for $112,864.00. She noted that there were two generators at the Water Reclamation Facility that can provide 100% emergency power to the plant for four days. She said that one generator is at its useful life noting it was built in 1996 and is considered a small generator. She pointed out that in 2009 they installed a 2 megawatt generator which is very large. Ms. LaRocque said that they decided to do a feasibility study that looked at eliminating the smaller generator and putting the entire plant on the larger one. She said that they determined that there is adequate space to do that, and that they would save about $440,000. She said that it was their recommendation to go from two generators to one and to also increase the amount of fuel they have on site from four days to seven days. She said that this was the design and the project construction cost is about $1.5 million. Mr. Schofield added that this is budgeted, and is something they had planned on doing for years. G. 19-3414 AUTHORIZATION TO CONTINUE UTILIZING A SOUTHEAST FLORIDA COOPERATIVE CONTRACT, AS A BASIS FOR PRICING, FOR PURCHASE AND DELIVERY OF GASOLINE AND DIESEL FUEL Mr. Schofield introduced the agenda item. This was authorization to continue utilizing a Southeast Florida Cooperative Contract with Port Consolidated, Inc., as a basis for pricing, for the purchase and delivery of gasoline and diesel fuel for $353,350.00 annually. Mr. De La Vega, General Services Director, said that this is where the Village buys their fuel from, which is based on whatever the price of fuel is that day plus a markup. He explained that the markup for unleaded and diesel fuel is the same, but it increased slightly from .6 cents to 1 1/2 cents in the new contract. Mr. De La Vega said the increase is a difference of $2,300 annually. He said that to ensure they had the best pricing, they reached out to others and found that there are 39 agencies included in the contract, including West Palm Beach and the School District so the Village benefits from all of the bulk purchases to get the low markup price. Vice Mayor Napoleone said that this was the best pricing and we want to continue for two more years. Mr. De La Vega said that the contract was renewed and they wanted to renew it for two more years. He said that even though the markup has increased, it is still the best they can do, and they have the buying power from 39 other municipalities. Mr. De La Vega said that if Wellington tried to do this on their own they would not be anywhere near this price. Village of Wellington Page 4 Village Council Workshop Action Summary February 24, 2020 Vice Mayor Napoleone asked what was the Village's total fuel expense. Mr. De La Vega said that they spent $350,000 for 145,000 to 245,000 gallons, which was about $2.47 a gallon. H. 19-3497 AUTHORIZATION TO CONTINUE UTILIZING A SOUTHEAST FLORIDA COOPERATIVE CONTRACT FOR THE PURCHASE AND DELIVERY OF SWIMMING POOL CHEMICALS Mr. Schofield introduced the agenda item. This was authorization to continue utilizing a Southeast Florida Cooperative contract with Commercial Energy Specialists (CES), for the purchase and delivery of swimming pool chemicals for $38,000 annually. Mr. Eric Juckett, Director, Parks & Recreation, explained that the Village uses this contract for swimming pool chemicals. He said that it is within a few thousand dollars of last year's contract. Vice Mayor Napoleone said that it was $650 dollars more this year than last year. In response, Mr. Schofield explained that last year, they budgeted $33,000 and this year they were budgeting $38,000 noting the $5,000 difference. Mr. Juckett added that the difference was in case additional funds were needed. He said that he did not foresee that, but it would provide them with an additional pallet if they needed it. He said such things like the amount of rain, the number of users, how hot it is, and other such factors would cause the increase, but he did not foresee the Village having to use the extra money. I. 19-3520 AUTHORIZATION TO UTILIZE A CITY OF POMPANO BEACH CONTRACT, AS A BASIS FOR PRICING, FOR REPAIRS AND CALIBRATION OF FLOW METERS AND RELATED DEVICES Mr. Schofield introduced the agenda item. This was authorization to utilize a City of Pompano Beach contract with P.C. Controls, Inc., as a basis for pricing, for repairs and calibration of flow meters and related devices, in an amount not to exceed $75,000.00 annually. Ms. LaRocque explained that this was a piggyback contract with the City of Pompano Beach to repair the calibrations to all of the instrumentation for the Water and Wastewater facilities. She noted that they have over 200 instruments that they use to ensure regulatory compliance as well as protection of the existing equipment. She said that this contract is an increase of $15,000 over last year, which is their attempt to get every instrument done this year. Ms. LaRocque noted that the funds were budgeted. J. 19-3524 AUTHORIZATION TO 1) AWARD GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT NUMBER TWO (2) FOR THE CONSTRUCTION Village of Wellington Page 5 Village Council Workshop Action Summary February 24, 2020 MANAGER AT RISK (CMAR) CONTRACT OF THE WATER TREATMENT PLANT WAREHOUSE, GENERATOR STORAGE, FIELD SERVICES BUILDING MODIFICATIONS, AND MISCELLANEOUS ARCHITECTURAL, SECURITY AND SITE IMPROVEMENTS; AND 2) AWARD A TASK ORDER TO PROVIDE BIDDING AND CONSTRUCTION ADMINISTRATIVE SERVICES FOR THE WATER TREATMENT PLANT WAREHOUSE, GENERATOR STORAGE, FIELD SERVICES BUILDING MODIFICATIONS AND MISCELLANEOUS ARCHITECTURAL, SECURITY AND SITE IMPROVEMENTS Mr. Schofield introduced the agenda item. This was authorization to 1) Award Guaranteed Maximum Price (GMP) Amendment Number Two (2) for the Construction Manager at Risk (CMAR) contract with Wharton Smith, Inc. for the construction of the Water Treatment Plant warehouse, generator storage, field services building modifications, and miscellaneous architectural, security and site improvements at a price of $1,595,422.00; and 2) Award a task order to Colome and Associates, Inc. to provide bidding and construction administrative services for the Water Treatment Plant warehouse, generator storage, field services building modifications, and miscellaneous architectural, security and site improvements, in the amount of $25,401.10. Ms. LaRocque explained that this project is in the Village's approved capital projects, and utilizes the Construction Manager at Risk form of contracting. She outlined the responsibilities of the Construction Manager. She explained that they guarantee a fixed price not to exceed a specified amount and any savings goes back to the Village. Ms. LaRocque said that the Council had approved the first GMP which was for the purchase of the generator pavilion material. She noted that this is a three-phase project due to site constraints. She said that the first phase was construction of the generator pavilion, second phase was construction of the new warehouse and field services facility and the third phase was the renovation to the existing space for utility administration, engineering and the GIS staff. Ms. LaRocque said that this GMP Two will allow for site work, stormwater and paving and foundation preparation for the generator pavilion. She said that this is at about $1.5 million. She noted that it also included a significant relocation of the existing plant 24 inch raw water main which would take the plant off line completely for about 12 hours. Ms. LaRocque noted that cost was about $250,000. Mr. LaRocque pointed out that the GMP Two was an estimate because the plans were not final at this stage, but they need to move it forward . She explained that once it is bid, they will rectify the numbers and will do all the necessary cost allocations to ensure that these numbers are true and accurate. She said that with a CMAR contract, all the bids are an open book unlike a standard bid project that they would do. Ms. Village of Wellington Page 6 Village Council Workshop Action Summary February 24, 2020 LaRocque said that the Village does not get to see the bids, but in this case, the manager will present all bids to the Village and they get to evaluate them. She noted that this is budgeted. She added that it is the second phase and she anticipated that the third and final phase will come back to Council in May. Vice Mayor Napoleone asked what the timeline for the project was. Ms. LaRocque said that they hoped to start construction in mid-March on the first phase, and they hope to have the project completed within a year . She noted that overall it is about a $6 million project. Mr. Schofield explained that GMPs are contracts that have a guaranteed maximum price. He said that under no circumstances would the Village pay more than the GMP. K. 20-3538 AUTHORIZATION TO AWARD A CONTRACT FOR THE REPAIRS AND INSPECTION OF PUMPS AT STATION NO. 6 Mr. Schofield introduced the agenda item. This was the authorization to award a contract to MWI Pumps for the repairs and inspection of Pump Station 6, at a cost of $44,548.00. Mr. Tom Lundeen, Village Engineer, explained that Pump Station 6 is located next to the C-51 canal. He said that the contractor, MWI Pumps, will come in, take the pumps out, and rebuild them and then come in and reinstall them. He pointed out that the total cost was $44,548.00. Vice Mayor Napoleone asked if this was part of the Village's pump station overhaul and repair project. Mr. Lundeen said that they systemically went through every one of the pump stations and this was just the next one on the list. Mr. Schofield added that this was the normal repair and replacement. He said that there are other municipalities throughout the state that made regional headlines for not having kept up with their maintenance and not being able to do it. He said that the Village maintains them so that they are operable. He pointed out that the timing for doing this now is important because it needs to be done before they get into the rainy season. Mr. Schofield said that they want those pumps done, back and reinstalled before June 1st. L. 20-3569 AUTHORIZATION TO AWARD A CONTRACT FOR THE PURCHASE AND DELIVERY OF RAPID FLASHING BEACONS Mr. Schofield introduced the agenda item. This was authorization to award a contract to K & K Systems, Inc. for the Purchase and Delivery of Rapid Flashing Beacons, for $48,651.60. Village of Wellington Page 7 Village Council Workshop Action Summary February 24, 2020 Mr. Lundeen explained that the low bid was received from K&K Systems in the amount of $48,651.60. He explained that they were purchasing 16 rectangular rapid flashing beacons for the Village's bridle trail systems where they cross the roads. He explained that this provides better-advanced warning. Mr. Lundeen noted that this had been before the Equestrian Preserve Committee and they recommended approval of it. Mr. Schofield reminded Council that a year or so ago, there was an accident that occurred that they did not see any way to prevent it. He said that they decided at that point to go through and put additional beacons at each of the crossings so there were multiple warning points for drivers at the crossings. Councilman McGovern asked staff to explain what drivers would see at these crossings. Mr. Lundeen explained that they were already installed on Pierson Road where the accident occurred. Mr. Schofield added that they would provide the visuals for Council. He said that what they presently have is just a sign and a flashing light above it, but the new ones would have beacons around it and would be much more visible. Vice Mayor Napoleone asked what their distance from the crossing was . Mr. Lundeen said that they are 100 feet from each side of the road. He said that they have the yellow flashing lights at the crossing and then there are the beacons 100 feet from the crossing. He explained that when the rider comes up and hits the button, it triggers all of them. Councilwoman Siskind said these were to enhance what was currently at the crossings and there are no new locations. Mr. Lundeen said that was correct and noted that they will work in the future to expand them to all of the bridle crossings, but he wanted to get those that are used quite often. Mr. Schofield pointed out that this provides an earlier warning and gets the drivers looking sooner. M. 20-3570 AUTHORIZATION TO UTILIZE AN EAST CENTRAL REGIONAL WASTEWATER TREATMENT FACILITY CONTRACT, AS A BASIS FOR PRICING, FOR PERIMETER FENCING AT THE TENNIS CENTER Mr. Schofield introduced the agenda item. This was authorization to utilize East Central Regional Wastewater Treatment Facility unit price contract No. 15090.003, as a basis for pricing, with Martin Fence Co., for perimeter fencing at the Tennis Center in the amount of $37,304.00. Mr. Barnes, Assistant Village Manager, explained that the existing Tennis Center is bordered on two sides by the VillageWalk community. He said Village of Wellington Page 8 Village Council Workshop Action Summary February 24, 2020 that this provides perimeter fencing along those two property lines. He noted that the other two property lines are bordered either by Lyons Road or the Lake Worth Drainage District canal right-of-way, so they won't be fencing those property lines. He said that they would provide additional perimeter security to both the tennis side as well as areas they have discussed during the original construction of the facility with the people at VillageWalk. Mr. Barnes said that, based on the attendance at the Tennis Center, everyone feels better with the added security. Councilman McGovern asked Mr. Barnes what he meant that everyone was feeling better. Mr. Barnes explained that they want to ensure that the Tennis Center does not negatively impact the adjacent residents . Councilman McGovern asked if that was currently happening. In response, Mr. Barnes said that their understanding was that, based on the attendance, those residents are concerned that there are opportunities for people who should not be there to go into their community throughout the day. Mr. Schofield added that they have traffic back and forth between both places. He said that the Village originally intended to put the fencing in, but they had not done so because they had an elevated berm with landscaping there. However, in talking to the HOA, they advised that they have people coming back and forth into their community, so this is the last piece. Councilman McGovern asked if there was a specific event that occurred, which necessitated the fencing. Mr. Schofield did not believe there was a specific event, but a general belief on the community’s part that they were seeing more traffic across the berm. Vice Mayor Napoleone asked if this fencing was for the benefit of the VillageWalk community to keep people from the Tennis Center out of their neighborhood. Mr. Schofield responded affirmatively. Vice Mayor Napoleone asked if staff had discussed sharing the cost of the fencing with them. Mr. Schofield said that this was something they had discussed early on in the process with VillageWalk as they had expressed that concern; however, the Village thought they should wait and see if there were problems there. Vice Mayor Napoleone asked what the height of the fence was. Mr. Barnes said that it is the standard 6-foot chain-linked fence. Councilman McGovern questioned how a standard 6-foot fence would solve the problem. Mr. Barnes said that most people would not scale a 6-foot fence as opposed to just crossing the property lines. He said if people are climbing the fence, the staff at the Tennis Center or people at VillageWalk will notice that. Village of Wellington Page 9 Village Council Workshop Action Summary February 24, 2020 Vice Mayor Napoleone asked if the Village had fenced in other communities to protect the neighborhoods from people going in who should not be there. Mr. Barnes said that what usually ends up happening is that the last person puts up the fence. He said that in this case, the Village was the last project as VillageWalk was already fully developed when the Tennis Center was constructed. Mr. Schofield said that in most cases, the Village fences its parks and facilities during construction. He said that when they were looking at this, it had a berm and landscaping that is used by people who would not normally be going over berms and into community, but it has since become an issue. He reiterated that normally the Village's facilities are fenced around every park. Vice Mayor Napoleone asked if the Village was now going to put in landscaping around the fence. Mr. Schofield said that there is existing landscaping that they will not be moving. Councilman McGovern asked what side the fence was being put in. Mr. Barnes said that the code requires that the fence be installed on the Village's side and landscaping be on the outside of the fencing . Councilman McGovern asked if the landscaping there was put in by VillageWalk. Mr. Barnes said the Village put the landscaping there at the time of construction. Councilman McGovern said that both Mr. Schofield and Mr. Barnes have not identified a critical mass, but have both said that they found that this must be done. Mr. Schofield pointed out that he said that there is a feeling on the part of Village Walk that the foot traffic is getting heavier . He said that he does not know whether that is a critical mass as it has not been his experience, but it is just a conversation with them. Mr. Schofield said that the Lake Worth Drainage District easements are not fenced and won't stop people from coming in, but it will stop people coming off of Village property onto their property. Vice Mayor Napoleone said that he could not imagine people playing tennis and then wandering off into the community. Mr. Schofield said that there are a relatively few number of people who attempt to use it to get in and out as opposed to gates and things like that. Councilman McGovern said that this was between the nearest tennis court and the fence and is separated by a retention pond or large field . Mr. Schofield noted that it was a dry retention pond. He said that he would speculate that was where most of the traffic was coming from. Mr. Schofield said that there is a community behind Village Park and the traffic they get over the fence is to and from their subdivision. Vice Mayor Napoleone said that it looks like the fence ends at Lyons Village of Wellington Page 10 Village Council Workshop Action Summary February 24, 2020 Road, and asked if it joins another fence or could you just walk around it . Mr. Schofield said that you can walk around it on either side. Vice Mayor Napoleone said that he could not understand why they were installing the fence. Vice Mayor Napoleone and Councilman Drahos felt that they should withdraw this from the agenda until the Mayor and Councilman Drahos were present. Mr. Schofield said they would withdraw it and bring it back when there is better data. Councilman McGovern said that he would be happy to personally talk to the people at VillageWalk about this so that he could better understand how that can solve the problem. Mr. Schofield said he would arrange that. N. 20-3626 RATIFICATION OF EXPENDITURES FOR REPAIRS TO THE RUNNING TRACK AT OLYMPIA PARK Mr. Schofield introduced the agenda item. This was ratification of expenditures for repairs to the running track at Olympia Park, with Papico Construction, Inc., for $145,673.00. Mr. Schofield explained that some time ago, Council awarded a contract to resurface the running track as it had some bubbles in it. He further explained that was done, but they had not paid the contract. He said that the surface was pulled off and resurfaced, but that did not work and the track was not usable. Mr. Schofield indicated that they went back to the contractor who did the work who has been a good contractor for the Village as well as for the School Board. Mr. Schofield said that they entered into an agreement for another $29,000 where they would go back and completely tear it out and put in a complete replacement. He said that the agreement was that the company would pay for additional materials, but not the labor. He said that they entered into that contract, but there was a problem with the owner of the company and they were not able to complete the work, have not been returning phone calls and they have now involved attorneys with that. Mr. Schofield said that because of the limited amount of time to get this done, he entered into an emergency agreement with Papico in the amount of $145,673 to do that track repair and it is either complete or near being completed, and they needed to get it done prior to the track season. Mr. Schofield said that he was back before Council for their ratification of the contract. He pointed out that they did not pay for the original purchase price, but did pay the $ 29,000 for the new materials, which they are in the process of trying to recover. Councilman McGovern asked if they were trying to collect the $29,000. Ms. Cohen said that they were also trying to collect their damages . Councilman McGovern asked where they stood with the $29,000. Ms. Cohen said that they made a claim against the company's insurance Village of Wellington Page 11 Village Council Workshop Action Summary February 24, 2020 policy; however, the company denied the claim, so they asked Rob Friedman to look at it and he has written them a letter. She said that she has been in communication with their attorney. Ms. Cohen said that she provided them with documentation and she was waiting to hear back. She said that if the response is that they do not intend to make it whole, then the Village would file a lawsuit. Councilman McGovern asked why they had denied the claim. Ms. Cohen said that they denied coverage claiming that it was not covered under the policy because there was no damage to other property or damage that their policy would cover. She said that she believed that coverage exists. Councilman McGovern said the company has not responded to the Village. Mr. Schofield explained that there was a medical problem with the person who founded it, the second person running it decided to leave with whatever cash they had and they were unable to get it back. Mr. Schofield added that, in the 12 years he has been the Village Manager, this is only the second time he resorted to an emergency expenditure. He said that the reason that he did this was because they did not have a Council meeting where he could get approval when it became evident that they were not going to respond. Councilman McGovern asked if there was a potential safety issue there . He said that he was glad that Mr. Schofield did this and was happy to ratify it. He said that regarding recouping the Village's money, the individual just absconded with the Village's money. Ms. Cohen said that they would also be talking with PBSO, but he wanted to speak with their lawyer before they took that route. Councilman McGovern asked if the attorneys knew that was the next step. Ms. Cohen said that they were still reviewing it as she had only just provided the documentation to them late last week. She said if it comes back that they were not willing to make the Village whole, then they would pursue every avenue possible including making the claim for theft with PBSO, the claim against their insurance, and potentially a lawsuit. Councilman McGovern said that he understood the timeline as to how long this takes, but he believed there was some urgency regarding contacting PBSO. Mr. Schofield indicated that the Village already filed the initial report, and they want the Village to follow everything. Mr. De La Vega said that PBSO has actually contacted them and finally got in touch with the owner, who had the medical situation, and basically referred PBSO to his son who was running the company, but is no longer with them. He said that they are trying that angle as well, but the attorney is now involved, so the communication is directly with the attorney. Ms. Village of Wellington Page 12 Village Council Workshop Action Summary February 24, 2020 Cohen said that the attorney represents the company and not the individuals. Mr. De La Vega said that the School District is out for bids now and are now cancelling all contracts with All American. He said that fortunately for them, they did not get burned, they went out during track season where they did not get any work done, so they should have another company on board over the next couple of months. Vice Mayor Napoleone asked Ms. Cohen if it was her intention to use Robert Friedman if they have to pursue something. Ms. Cohen explained that it was for the insurance aspect of it as he is just reviewing the contract on an hourly basis and he drafted a letter to the insurance company. She thought it was the most economical way to recoup their money. She said that if that fails, then they would pursue their other option. Councilman McGovern said that he did not think the insurance claim was exclusive to criminal complaint. Ms. Cohen said that was already being pursued but they were holding off on filing a lawsuit until they get a little better traction on whether the company was going to make good for the money and if they can get some participation from the insurer. Vice Mayor Napoleone asked if the track was complete. Mr. Barnes said that it was not completed yet as they expected another 12 days of work. He said that they were supposed to put the actual surface on Friday and Saturday, but could not do so because of the weather. Mr. De La Vega said that the middle school track season does not start until the first week in April. O. 20-3590 1) APPROVAL OF RESOLUTION NO. R2020-05 TO ENTER INTO A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARMTENT OF TRANSPORTATION FOR AERO CLUB DRIVE PATHWAY IMPROVEMENTS; AND 2) APPROVAL OF RESOLUTION NO. R2020-06 AMENDING THE FISCAL YEAR 2019-2020 GAS TAX CAPITAL FUND BUDGET FOR FLORIDA DEPARTMENT OF TRANSPORTATION LAP GRANT FUNDS AWARDED FOR AERO CLUB DRIVE PATHWAY WIDENING; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This was: 1) Approval of Resolution No. R2020-05 to enter into a Local Agency Program Agreement with the Florida Department of Transportation for Aero Club Drive Pathway Improvements; and 2) Approval of Resolution No. 2020-06 amending the fiscal year 2019-2020 Gas Tax Capital Fund Budget for Florida Department of Transportation LAP Grant funds awarded for Aero Club Drive Pathway Widening; and providing an effective date. Village of Wellington Page 13 Village Council Workshop Action Summary February 24, 2020 Mr. Michael O'Dell, Assistant Director, Planning, Zoning & Building, explained that they had been proposing to do pathways along Aero Club Drive and were able to work with the FDOT and TPA on this project to widen the pathways and keep the grant active. At this point, Mr. Ryan Harding showed a PowerPoint presentation on the project. He reiterated that this project is to widen the pathways along Aero Club Drive. He showed a slide of the circulation plan that was approved in 2016. He noted that one of the projects had been to add a bicycle lane along Aero Club Drive. Mr. Harding said that FDOT and TPA have agreed to shift that to widen the pathways into Aero Club Drive. Mr. Schofield said that when they initially called for the removal of almost every Washingtonian along that roadway, it incited a lot of public outcry . He said that they looked at the project to see what the alternatives were . He said that widening the pathway does have them removing around 10% of those trees, but most will stay in place and there is landscaping to replace them. He said that it does provide for the additional pathway. Mr. Schofield said that one of the things that they will be bringing to Council in the next month is the proposal for the use of golf carts. He said that the total expenditure for the pathways is $8.5 million with about $2 million in grant funds. He indicated that he believed there were other grant funds available. Mr. Schofield noted that they couldn’t apply for them until they are further along, but he believed they would be able to obtain grants to offset a good deal of this. Mr. Schofield said that there are about $1.2 million in grants in Phase 1, $1.2 in Village funds; and Phase 2 has an additional $4 million in funding. He said that all of the pathways they need to do to get people from their neighborhoods to the schools, parks and shopping center equates to over $8 million over a five-year period. Vice Mayor Napoleone said that the Village decided against doing the dedicated bicycle lanes on Aero Club and instead will widen the multi-use pathways from 8 to 10 feet. Mr. Schofield said that was correct. He said Aero Club is due for resurfacing in the next couple of years, and explained that when they come back, they will not stripe them as wide as FDOT, but the roadway surface will be widened, lanes will be narrowed, which will leave about 4 feet for bicycles to use. He said that by doing that, it will effectively have the bicycle path in two years. He said that this plan does not require them to remove Washingtonians. Mr. O'Dell added that currently there is no buffer at all but it is a yellow line and grass, so the bicycles have nowhere to go. He said that this idea will provide them with a place to travel. Mr. Schofield said that part of the problem with the original plan was the Village of Wellington Page 14 Village Council Workshop Action Summary February 24, 2020 cost to meet the grant standard was exorbitant. He said that they took a $400,000 resurfacing project and turned it into a $2.5 million construction project. He explained that this provides them with the same type of thing, but they get to meet the appropriate paving standards and they don't have to meet the standards for the FDOT. He said that it did not make sense to him to spend an additional $800,000 to get $800,000 in grants and the neighborhoods on every side of that roadway were up in arms about the removal of the trees. Councilwoman Siskind asked if they will be able to relocate the trees that they will be removing. Mr. Schofield responded that they would not be able to relocate them, but there will be additional landscaping. He then asked Mr. O’Dell if they had been to the neighborhoods with the landscaping plans. Mr. O'Dell said that they had. He said that they had heard favorable comments to landscaping which are more friendly to the FP&L and provides some color. He said that the phasing plan that was just presented to Council was now identified on the map that they had shown. He said that the program will be between 3 and 5 years depending on how they apply for the grant. Mr. O’Dell said that the program that they are now applying for shows them as moving forward to the C-2 canal and Horseshoe Trace as well as Greenbriar which is the next one and then the area shown in yelllow on the slide would be the next program they looked out. He said that they have applied for those funds and they are in the process of applying for grants now. Mr. Schofield said that the estimated cost for this phase is $872,000 noting that $645,000 will come from FDOT and $227,000 from the Village. Mr. O'Dell then showed an area of the cross section that they were proposing there with the widening of the pathways. He said that, as directed by Council, they are looking at the bicycle/pathway master plan and retooling it a little bit moving towards improving pathways. Mr. O'Dell showed the primary location of the trees that would be removed for clear site distance. Mr. Schofield said that they are on a schedule. He said that they did the first pathway at Wellington Landings and there is a schedule for the remainder of these. P. 20-3593 RESOLUTION NO. R2020-09 (DROWNING PREVENTION COALITION “BUCKS” CERTIFICATE PROGRAM) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AND AUTHORIZING THE MAYOR AND CLERK TO Village of Wellington Page 15 Village Council Workshop Action Summary February 24, 2020 EXECUTE AN INTERLOCAL AGREEMENT WITH THE DROWNING PREVENTION COALITION OF PALM BEACH COUNTY TO PROVIDE FOR VOUCHERS FOR FREE SWIMMING LESSONS UNDER THE “BUCK” PROGRAM FOR FISCAL YEAR 2019-2020; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This was the approval of the FY20 Drowning Prevention Coalition “Bucks” Program. Mr. Eric Juckett, Director, Parks & Recreation, explained that this is a County-funded program, which the Village is a part of. He said that the program has an income requirement and that the child does not know how to swim. Once those requirements are met, a $50 voucher is issued and the parents are responsible for the other $10.00. He said the County reimburses the Village for everyone who uses the buck. Vice Mayor Napoleone noted the increase in the number of users. Mr. Juckett said that it had, and noted that Theodore Etter, who is the new Aquatics Supervisor, has done a very good job. Q. 20-3606 RESOLUTION NO. R2020-08 (AUTHORIZING THE FILING OF A FLORIDA BOATING IMPROVEMENT GRANT FOR THE TOWN CENTER DOCKS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM FOR THE TOWN CENTER DOCKS PROJECT AND PROVIDING FOR ACCEPTANCE OF THE TERMS AND CONDITIONS THEREOF; PROVIDING THE REQUIRED CERTIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This was the approval of Resolution No. R2020-08 authorizing the Village of Wellington to file a grant application with the Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program for the Town Center Docks Project. Mr. O'Dell explained that these were the floating docks for the pontoon boats. He noted that there were three docks: one is for the existing Rowers Club, which they will be utilizing where a new gangway will be built; and there will be two additional boat docks, one for the pontoon boats and another longer one near the Mayfair end that will be used for pontoon boats as well as kayaks and those things as well. He said that they are looking to utilize different floating vessels and have put in an application for $200,000 which he thought looked fairly good. Village of Wellington Page 16 Village Council Workshop Action Summary February 24, 2020 Mr. Schofield said that this is authorization to apply and they think they have a good chance of doing this. He said that normally they would do these docks right now; however, if they do the work they cannot get grant money for work they have already done. Councilman McGovern asked when staff expected to hear on this. Ms. Quickel said they expected to hear in June and then they can start construction in late August or early September. Vice Mayor Napoleone asked what the timeline was for the boardwalk. Mr. O'Dell said that it was scheduled to be completed by the end of April . He said that there would be a period of time where the boardwalk would be completed; however, the docks would be waiting on the grant application. Mr. Schofield said that they were putting one dock in. Mr. O'Dell said the one at the Rowers facility will go in. R. 20-3607 RESOLUTION NO. R2020-07 (WELLINGTON GREEN, A MUPD/PUD, REPLAT NO. 4) A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ACCEPTING AND APPROVING THE WELLINGTON GREEN, A MUPD/PUD, RE-PLAT NO. 4 BEING A REPLAT OF A PORTION OF WELLINGTON GREEN, A MUPD/PUD, A REPLAT OF A PORTION OF PARCEL 1, PLAT BOOK 112, PAGES 126 THROUGH 129 INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND ALL OF WELLINGTON GREEN, A MUPD/PUD, REPLAT NO. 2, PLAT BOOK 112, PAGES 173 THROUGH 176 INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 13, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA. Mr. Schofield introduced the agenda item. This was the approval of Resolution No. R2020-07 accepting and approving the Wellington Green, a MUPD/PUD, Replat No. 4. Mr. Tom Lundeen explained that the Wellington Green Development wants to develop 43.76 acres of their site into a Congregate Living Facility. He said that they will be constructing eight (8) one-story villas, two (2) six-story CLF buildings, five (5) three-story garden flat buildings, one (1) four-story CLF building, a 2-story commons building and clubhouse/leasing office building. He explained that this plat adjusts all of the current easements and also defines the Water Management tract. Mr. Schofield added that no new development was being approved as the CLF and all of the units were part of the original development order in 1998. Village of Wellington Page 17 Village Council Workshop Action Summary February 24, 2020 S. 20-3599 ORDINANCE NO. 2020-03 (AMENDMENT TO CHAPTER 2, ARTICLE VI, SECTION 2-328(B) ENTITLED CREATION; QUALIFICATIONS FOR SERVING ON WELLINGTON’S CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS) AN ORDINANCE OF THE VILLAGE OF WELLINGTON, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, SECTION 2-328(B) OF WELLINGTON’S CODE OF ORDINANCES ENTITLED “CREATION; QUALIFICATIONS” TO CLARIFY THE QUALIFICATIONS REQUIRED TO SERVE AS A MEMBER OF THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Scofield introduced the agenda item. This was approval of Ordinance No. 2020-03 amending Chapter 2, Article VI, Section 2-328(B) entitled Creation; Qualifications for serving on Wellington’s Construction Board of Adjustment and Appeals. Ms. Cohen explained that this was the second reading of the ordinance . She noted that the changes that Council had requested were made prior to the first reading. She said nothing had changed since first reading. T. 20-3587 ORDINANCE NO. 2020-04 (ALCOHOLIC BEVERAGES HOURS OF SALES) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING CHAPTER 6, SECTION 6-2, “ALCOHOLIC BEVERAGES, HOURS OF SALE” OF THE VILLAGE’S CODE OF ORDINANCES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This was approval of the proposed Ordinance amending Chapter 6, Section 6-2 (Alcoholic Beverages, Hours of Sale) of the Wellington Code of Ordinances for all businesses that sell alcoholic beverages to remove antiquated restrictions, simplify the regulations and provide for equal treatment of licensed businesses. Mr. Schofield explained that this ordinance allows the Village to be consistent with surrounding communities regarding the hours of sale on Sundays for alcoholic beverages. He said that the County ordinance says that you can sell anything any where any time 365 days of the year. He noted that the County’s ordinances does not allow for the sale of those items between 5:00 a.m. to 7:00 a.m., so the Village’s ordinance is still more restrictive. Village of Wellington Page 18 Village Council Workshop Action Summary February 24, 2020 Councilwoman Siskind questioned why the Village had not previously taken this action. Mr. Schofield said that it was a carryover from the old days with the blue laws where you could not buy alcohol at all on Sundays. He said that they have changed that in stages and it is time to come into compliance. He said that Wellington residents should not have to go to another city to purchase these items during that time. Councilman McGovern said the County had since amended their ordinance, but the Village kept it the same. Mr. Barnes said that the Village occasionally gets calls from stores asking why stores in Royal Palm Beach can sell alcoholic beverages on Sunday mornings. He said that these questions usually come up during big weekends, i.e., super bowl, but they will comply. Ms. Cohen asked if anyone was notifying the retailers. Mr. Schofield was certain that they were following this. U. 20-3589 ORDINANCE NO. 2020-05 (AMENDMENT TO ARTICLE III, CHAPTER 58, SECTION 58-69 ENTITLED ISSUANCE OF RECEIPT) AN ORDINANCE OF THE VILLAGE OF WELLINGTON, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, SECTION 58-69 OF WELLINGTON’S CODE OF ORDINANCES, TITLED “ISSUANCE OF RECEIPT,” TO ELIMINATE THE REQUIREMENT THAT THE RECEIPT BE SIGNED BY A VILLAGE OFFICIAL; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This was approval of Ordinance No. 2020-05 amending Article III, Chapter 58, Section 58-69 entitled Issuance of Receipt. Mr. Schofield said that this changes the ordinance so that a receipt does not have to be signed by the Building Official. Vice Mayor Napoleone asked if there was an issue that came up that prompted this. Mr. Schofield explained if the Building Official is not here, no one could sign the receipt for money. Mr. Stillings further explained that this came up as a result of the ERP program. He said that there are multiple staff people who are handling it now where previously it was one person. He said that the system tracks who is signing off on it versus having it handwritten on receipt. Councilman McGovern said that if he were hearing this as a resident for the first time, he would assume that some degree of oversight would be lost. Mr. Stillings explained that it is now integrated into the system versus Village of Wellington Page 19 Village Council Workshop Action Summary February 24, 2020 paper. Councilman McGovern asked if staff, auditors, etc. would still be able to track it. Mr. Schofield explained that the audit trail is still there. He said that as they have tracked how they interacted with the residents over the last several years, the number of people who come into the building have declined by 50% and they expected that to continue. . V. 20-3591 ORDINANCE NO. 2020-06 (AMENDMENT TO CHAPTER 33, ARTICLE II, DIVISION 3 “PARKS AND RECREATIONAL FACILITIES IMPACT FEE,” SECTION 33-151 ENTITLED “IMPOSITION”) AN ORDINANCE OF THE VILLAGE OF WELLINGTON, FLORIDA, AMENDING CHAPTER 33, ARTICLE II, DIVISION 3 “PARKS AND RECREATIONAL FACILITIES IMPACT FEE,” SECTION 33-151 OF WELLINGTON’S CODE OF ORDINANCES TITLED “IMPOSITION” TO LINK THE AVERAGE NUMBER OF PERSONS PER DWELLING UNIT TO THE MOST RECENT CENSUS DATA FOR WELLINGTON; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. This was approval of Ordinance No. 2020-06 amending Chapter 33, Article II, Division 3, Section 33-151 entitled Imposition. Mr. Schofield explained that the Village’s Parks & Recreation Impact fees are based on an average household occupancy of 2.96 persons per unit and he believed they were going to 3.01. He said that they were picking up .102 residents per households. He said that they still have 25,000 units to build, so he believed that this made it consistent with their people population. Mr. Stillings added that it also allows them to go with the latest number versus bringing it back to the Council each time it changes. Vice Mayor Napoleone said they were tying it in with the census. Mr. Stillings said that was correct. Mr. Schofield added that the number that they have used was developed in 1996, so it was time to update it. Mr. Barnes said that this change allows them to update it based on whatever the latest number is. W. 20-3632 DISCUSSION OF FOUNDERS PLAQUE Mr. Schofield noted that the Founders Plaque item had been previously discussed during his request to move it to Presentations and Percolations as item 6A. 6. WORKSHOP Village of Wellington Page 20 Village Council Workshop Action Summary February 24, 2020 None 7. ATTORNEY'S COMMENTS Ms. Cohen indicated that she had sent Council copies of the lawsuits that had been filed by Lapi noting that she did not believe there was any merit to any of them. She said they are being defended by insurance defense, Jeff Hoffman. 8. MANAGER COMMENTS Mr. Schofield reported on the following: 1. Civics 101 was moved to the Wellington Community Center. 2. Regarding horse manure, Mr. Schofield said that they have known for some time that a land application would be ending noting that notification was received from U.S. Sugar who would like to end that process within the next year or so. He indicated that he would provide that to Council so they can go through it. Mr. Schofield said they have been preparing for that, but it is a long discussion and it will be referred back to the Equestrian Committee. Vice Mayor Napoleone asked if that was a topic for the Directions Workshop. Mr. Schofield said that it would be. He said that he has a list of recommended topics for that workshop that they can review. 9. COUNCIL COMMENTS None 10. ADJOURN There being no further business to be discussed by Council, the meeting was adjourned at 5:10 p.m. Village of Wellington Page 21