Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, April 13, 2020 4:00 PM Village Hall - Conference Rooms 1E & 1F Village Council Workshop Anne Gerwig, Mayor Tanya Siskind, Vice Mayor John T. McGovern, Councilman Michael Drahos, Councilman Michael Napoleone, Councilman Village Council Workshop Action Summary - Final April 13, 2020 1. CALL TO ORDER Mayor Gerwig called the meeting to order at 4:00 p.m. via communications media technology. Council Members present remotely: Anne Gerwig, Mayor; Michael Napoleone, Vice Mayor; John McGovern, Councilman; Michael Drahos, Councilman; and Tanya Siskind, Councilwoman. 2. PLEDGE OF ALLEGIANCE Mayor Gerwig led the Pledge of Allegiance. 3. REVIEW OF COUNCIL AGENDA Mr. Schofield introduced the agenda for the April 14, 2020 Regular Council Meeting for review. He recommeded that the item on the Regular Agenda, be split into two different items. One of the items would be to the award the task order to Kaufman Lynn Construction and the other would be to award the task order to Kimley Horn. Ms. Cohen also mentioned that item, Resolution No. R2020-13 (Pines of Wellington, Tract “C” Replat) on the Consent Agenda needs to be moved to the Regular Agenda. She said this was because it needs to be approved subject to the confirming of the recordation of the government documents. Mayor Gerwig asked if H would then become 8C. Mr. Schofield replied yes. 4. WORKSHOP A. 20-3673 APPOINTMENT OF VICE MAYOR Mayor Gerwig asked if there was any discussion on the Appointment of Vice Mayor. There was none. B. 20-3756 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF FEBRUARY 25, 2020 AND MARCH 10, 2020 Mr. Schofield introduced the item. Village of Wellington Page 1 Village Council Workshop Action Summary - Final April 13, 2020 Mayor Gerwig asked if the Council could review those and if there are any changes to let Ms. Addie know. C. 19-3500 AUTHORIZATION TO CONTINUE UTILIZING A SOUTHEAST FLORIDA COOPERATIVE CONTRACT FOR THE PURCHASE AND DELIVERY OF SODIUM HYDROXIDE Mr. Schofield introduced the item. Mr. De La Vega explained that this is an annual contract. He stated that the Village utilizes the Southeast Florida Cooperative and there are 15 different agencies that participate in this bid. The bid is approximately for 500,000 gallons of sodium hydroxide, so there is a very competitive rate. He said that the Village only uses about 30,000-40,000 gallons, but getting a rate based on 500,000 gallons. He said the price went down $.40 per gallon for full truck load deliveries. He said this is the first renewal of three available renewals that are available under the Co-op bid. D. 19-3501 AUTHORIZATION TO RENEW EXISTING CONTRACTS FOR DISASTER DEBRIS RECOVERY SERVICES Mr. Schofield introduced the item. He explained that this would be a primary renewal with TAG Grinding Services and a secondary with DRC Emergency Services. He said that there would be no price increase with this renewal. Mayor Gerwig asked if TAG was the most responsive and the one with best performance in the past. Mr. Schofield reminded the Council that when they needed services in the past, their primary vendor indicated that they would not fulfill their contract and the secondary would start and later was not able to because of over commitment. The Village was able to find TAG and they did an exceptional job and they have been happy with TAG’s performance. The others that they checked references with were also very happy with TAG’s performance. Mayor Gerwig asked if there were three vendors in the past. Mr. De La Vega stated that there had been three in the past, but when the primary was not able to fulfill their contract, they took it down to two. He mentioned that in addition to these two firms, they Village of Wellington Page 2 Village Council Workshop Action Summary - Final April 13, 2020 have the ability to utilize Solid Waste Authority, Palm Beach County’s vendor. Solid Waste Authority is one of four firms of Palm Beach County that is available for the Village to utilize. The price that the Village has with TAG and DRC is significantly lower than any of the four firms that is available to us with Palm Beach County. E. 20-3647 AUTHORIZATION TO AWARD A CONTRACT FOR THE PURCHASE AND DELIVERY OF A TERMINAL TRACTOR/SPOTTER TRUCK Mr. Schofield introduced the item. He explained that this is an award to the low bidder for the purchase and delivery of a terminal tractor/spotter truck in the amount of $104,703.90. Councilman McGovern asked if it was the only bidder. Mr. De La Vega stated that it was the only bidder. He said that he did some research on pricing to make sure that the price we received was competitive. He said that he was able to find four comparable vehicles ranging from 2018 to 2020 models with prices ranging from $115,000 to $125,000. This one that they are looking at is a 2020 at $104,000, so they feel very comfortable with that bid. Mayor Gerwig asked if he could describe what a terminal tractor/spotter truck is. Ms. LaRocque explained that it is a vehicle that is used at the water reclamation facility to relocate the dry trailer loads of biosolids around the plant. Councilman McGovern asked if they disposed of the prior one. Mr. De La Vega stated that they have not disposed of it and they are actually still using it. They are waiting for this new one to come in so they can put the current one up on the GovDeals website. They are still using the current one until the new one comes in. Mayor Gerwig asked if they expect to get something for the current tractor on the open market. Mr. De La Vega said that they absolutely expect it. F. 20-3658 AUTHORIZATION TO AWARD A CONTRACT FOR THE RECONDITIONING OF THE TRASH RAKE AT PUMP STATION 4 Mr. Schofield introduced the item. He said that this was an Village of Wellington Page 3 Village Council Workshop Action Summary - Final April 13, 2020 authorization to award a contract to Hydro Components Systems LLC for the reconditioning of the trash rake at Pump Station 4 in the amount of $67,715.00. He said that these are the mechanical rates of when the pumps are running, they pull vegetation and debris out so that the pumps are not clogged. It removes the need to have people out manning the pumps. Mr. De La Vega explained that there are no bids as this is the equipment manufacturer and the service representatives so it is exempt from purchasing requirements. Since it is over $25,000, Council approval is required. Councilman McGovern asked if this has been done before. Mr. De La Vega said it is not the first one they have done. Councilman McGovern asked if the price is around the same as it has been before. Mr. De La Vega said that it was or very close. G. 20-3659 AUTHORIZATION TO UTILIZE A FLORIDA SHERIFFS ASSOCIATION CONTRACT FOR THE PURCHASE AND DELIVERY OF TWO PORTABLE EMERGENCY POWER GENERATORS Mr. Schofield introduced the item. He stated that it is the authorization to utilize Florida Sheriffs Association (FSA) contract #18-VEH16.0, as a basis for pricing, for the purchase and delivery of two (2) portable emergency power generators, from Tradewinds Power Corp., in the amount of $166,534.00. Mr. De La Vega explained that it is for two generators for approximately $83,000 each purchasing through the Florida Sheriffs Association contract. He said that typically it is the best price they can find. He said that the MSRP on the generator is $92,900 and they were able to get it for $72,020 plus some options, bringing the price to $83,000 per generator. He also mentioned that even with the options, it is still less than the MSRP, so they feel good about the price. Vice Mayor Napoleone asked if we currently had ten generators and would this bring it up to twelve or are either of these replacements. Ms. LaRocque said that it would bring it up to twelve generators for Village of Wellington Page 4 Village Council Workshop Action Summary - Final April 13, 2020 the existing 18 wells. Vice Mayor Napoleone asked how long they have been operating on just ten generators and what is the need to go from ten to twelve. Ms. LaRocque explained that it is for emergency power in the event of storms. It is a matter of resiliency. She said that at any time they could lose power to one of the wells and not be able to provide well water to the water treatment plant. It is their goal to have an emergency generator at every well. Councilman McGovern asked the shelf life of these generators. Ms. LaRocque stated that they last at least ten years provided, they are maintained adequately. Mayor Gerwig stated that the water supply needs have increased over the years so it would be a problem to have that many wells down. H. 20-3660 AUTHORIZATION TO AWARD A CONTRACT FOR GREENBRIAR BOULEVARD/C-4 CANAL CULVERT REPLACEMENT Mr. Schofield introduced the item. Mr. Lundeen explained that the scope of the project includes replacing an existing corrugated metal pipe that is underneath Greenbriar Boulevard, within the C-4 Canal right of way. They plan on changing the pipe out as it is a choke point that is causing some back up of the water. They will be replacing the 48” pipe with a 72” reinforced concrete pipe. He said that the project also includes switching out a section of a 12” water main where the crossing is at as well as the associated roadway improvements. He stated that staff recommends awarding that contract to Ferreira Construction Southern Division Co., Inc. for the Greenbriar Boulevard/C-4 Canal Culvert Replacement in the amount of $537,239.66. Mayor Gerwig asked if a portion of it would be coming out of the ACME budget. Mr. Barnes said that a portion of it would be coming out of the ACME budget. He said that this was not one of the areas that was originally identified. It is a low spot that over time has gotten worse. He said that he is not sure if the funding is 100% ACME. Village of Wellington Page 5 Village Council Workshop Action Summary - Final April 13, 2020 Ms. Quickel stated that it will be all ACME funding. Mr. Schofield stated that they will not normally see them do culvert replacements there, but Greenbriar is the first road north of the C-23 Canal. The C-23 Canal is the canal along Pearson Road that takes most of the water from the Equestrian Preserve and sends it north. In most of the canals, they do not have a culvert crossing at this point . This one is a choke point and makes things flow better. South of the C-23, the water levels get higher, and this allows them to push the water and keep the elevation as low as they can. Mayor Gerwig asked if going from a 48” corrugated metal pipe to a 72” reinforced concrete pipe will carry a greater amount of water. Mr. Schofield stated that it should more than double its ability to flow water. Councilman McGovern asked if the Village has prior experience with Ferreira Construction Southern Division and if they have checked their references. Mr. Lundeen stated that they had experience. He said they are the ones that built the pedestrian bridge at Flying Cow Ranch and they did a great job. Vice Mayor Napoleone asked if they have any roadway capital improvement projects in the pipeline that they may want to consider moving up while people are not driving around as much. He said that if it is in the budget, they might as well do it now so that it minimizes the impact on the residents. Mr. Schofield said that he would take a look at that. He said he would have an answer for him the next night. Mayor Gerwig mentioned that being in a drought phase makes things easier to keep moving with the water. I. 20-3743 RESOLUTION NO. R2020-13 (PINES OF WELLINGTON, TRACT “C” REPLAT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ACCEPTING AND APPROVING THE PINES OF WELLINGTON, TRACT “C” REPLAT BEING A REPLAT OF TRACT “C”, THE PINES OF Village of Wellington Page 6 Village Council Workshop Action Summary - Final April 13, 2020 WELLINGTON, P.U.D. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 37, PAGES 8 THROUGH 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA LOCATED IN SECTION 3, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA Mr. Schofield introduced the item. He explained that it is the approval of Resolution No. R2020-13 accepting and approving the Pines of Wellington, Tract "C" Re-plat. He said that this is the original Wellington Mall. Mayor Gerwig stated this is the item that is being moved to the regular agenda. Mr. Schofield stated the owner of the property is looking to plat because he wants to sell the Boston Market building, which is a single parcel, and he cannot convey that without it being platted. He said that the reason it needs to go to the regular agenda is because they need to record the conveyance and restrictions and the Village has not received confirmation of that. It needs to be approved as “subject to.” He said that plats are generally ministerial and if they do not do the plat here, he could still sell the building/condominium. He stated that he had asked if this could create issues with redevelopment down the road because this is a parcel that they have identified as where they would like to see redevelopment on. The answer was that it could make it more difficult. He said that right now they have a buyer that would like to make it a fast, casual restaurant. Councilman McGovern asked how many lots are there now and how they are changing the division. Mr. Schofield explained that there are no lots there now. He said the bank is an out parcel, not a part of this. He said that the main building, the two office buildings and the two restaurants are all part of a single lot. This re-plat would establish one lot for each building. Councilman Napoleone asked if the owner wanted to sell parcel C4. Mr. Schofield stated that was correct. This is the Boston Market parcel. Councilman McGovern asked if by doing this, he could sell off each of these parcels individually. Village of Wellington Page 7 Village Council Workshop Action Summary - Final April 13, 2020 Mr. Schofield stated that was correct. Mayor Gerwig said that it is still dependent on providing all the documents of any other redevelopment, such as site plans. She said that if he wanted to sell each particular component by itself, it was all still dependent on providing the uses on each parcel. Ms. Cohen stated that the documents show the shared parking. She said that they would need to have a site plan approval in order to sell those other pieces. Mayor Gerwig asked if the Village considers this a step in the right direction in the terms of long term development. Mr. Schofield stated that it can be a step in the right direction, could be a mis-step. He said that if all the parcels become separately owned, it becomes more difficult if they have a unified redevelopment plan. The only thing that works is that the accesses are shared and most of the parking is shared. He said that no parcel will work alone, except for parcel C5. This is the one of the parcels that they have looked at for redevelopment and have come up with a few different scenarios is perhaps one of the most challenging sites they have in terms of location and general layout. He said that staff is recommending approval. He did say that there are some challenges with this site because two out of the three entrances off Forest Hill are wholly or partially owned by the bank site. Those are easements and the bank controls them. Councilman Drahos asked if this is ministerial in nature or does the Village have criteria they could be viewing that could cause them to potentially deny this. Ms. Cohen explained that this is a development order and it could be a quasi-judicial matter. She said that when you have something like this and the requirements are set forth per the code and the requirements are followed by the applicant and they reach each and every one of the elements, then it is essentially a ministerial act at that point to approve it. She said that if you were to find that it did not meet the elements of the code, then the applicant would have to come forward with the proof that it did. Staff has reviewed this at great length and has concluded that it does meet all the requirements to the Village code. Village of Wellington Page 8 Village Council Workshop Action Summary - Final April 13, 2020 Mayor Gerwig stated that they have met all the other requirements except for the documents that they are waiting on. Ms. Cohen stated that the documents have been sent in for recording, but they just do not have confirmation at this moment that they will be recorded. As soon as we get the information, they can send the plat in to be recorded. Mayor Gerwig asked if the Court is doing any recording. Ms. Cohen stated that they were, but it is taking a little longer. J. 20-3749 RESOLUTION NO. R2020-14 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FLORIDA FOREST SERVICE URBAN AND COMMUNITY FORESTRY GRANT AGREEMENT AND RESOLUTION R2020-15 BUDGET AMENDMENT TO ALLOCATE SAID GRANT RESOLUTION NO. R2020-14: A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN URBAN AND COMMUNITY FORESTRY GRANT AGREEMENT 26865 WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES , FLORIDA FOREST SERVICE; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. R2020-15: AMENDING THE FISCAL YEAR 2019-2020 BUDGET FOR THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FLORIDA FOREST SERVICE URBAN AND COMMUNITY FORESTRY GRANT FUNDS AWARDED FOR THE COMPLETION OF THE TREE INVENTORY AND MANAGEMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. He explained that they are requests for approval of Resolution No. R2020-14 authorizing the Mayor to execute an Agreement between Wellington and the Florida Department of Agriculture and Consumer Services and Resolution No. R2020-15 for a Budget Amendment to allocate the $25,000 in grant monies to the landscaping maintenance operations budget. He explained that R2020-14 is a resolution of Wellington, Florida’s Council approving and authorizing the Mayor to execute an Urban and Forestry Grant Agreement 26865 with the Florida Department of Agriculture and Consumer Services, Florida Forest Service; and providing an effective date. Resolution No. R2020-15 is amending the Fiscal year 2019-2020 Budget for the Florida Department of Agriculture and Consumer Services, Florida Forest Service Urban Village of Wellington Page 9 Village Council Workshop Action Summary - Final April 13, 2020 and Community Forestry Grant funds awarded for the Completion of the Tree Inventory and Management Plan; and providing an effective date. Mr. Barnes stated this is a follow up on grants that the Village has pursued before related to the tree canopy and the Tree Management Plan; one would be out of the Planning and Zoning Department and one out of the Public Works Department. This is just part of the process for the grant awards. Mayor Gerwig thanked them for pursuing these grants and said they really do have value to the community. K. 20-3754 RATIFICATION AND APPROVAL OF RESOLUTION NO. R2020-12, EMERGENCY PROCEDURES FOR REMOTE ATTENDANCE AT PUBLIC MEETINGS A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING EMERGENCY PROCEDURES FOR REMOTE ATTENDANCE AT PUBLIC MEETINGS BY COUNCIL, WELLINGTON BOARDS AND COMMITTEES, STAFF AND THE PUBLIC; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. He stated that it is ratification of Resolution R2020-12, Emergency Procedures for Remote Attendance at Public Meetings. It is a resolution of Wellington, Florida’s Council adopting emergency procedures for remote attendance at public meetings by Council, Wellington Boards and Committees, Staff and the Public; and providing an effective date. Ms. Cohen informed the Council of the Attorney’s General’s opinion that in order for there to be a meeting, a quorum has to be physically present. Due to the current conditions with the Coronavirus and the need to stay at home, the Governor issued an order suspending that requirement. This resolution essentially sets forth the procedures for conducting those meetings until this crisis is over. This is just a ratification of the procedures. She said that the public does have to have the ability to participate remotely. Councilman Napoleone asked how the public is able to participate in a meeting with this platform. Mayor Gerwig stated that for this meeting, there is not necessarily public input, but with the meeting the next evening, there would be. Village of Wellington Page 10 Village Council Workshop Action Summary - Final April 13, 2020 Ms. Cohen stated that under the Open Meetings Act, the public has to have the ability to participate in an item prior to the final vote. She said that as long as the Village has allowed them to participate prior to the vote, then the requirements have been fulfilled. Ms. Quickel informed the Council that they have set up a direct call in line with a number that has been included in all the media notices and information about the meeting. She mentioned that they have also prepared an online form that is available on the website where people can preregister and/or submit their comments or inquiries. These go directly to the Village Clerk and can be read into the record or they have instructions to call in. They can also participate as they are just watching the meeting. She said that they do not anticipate them participating through Zoom. They ask that the public utilizes the online form, direct call in number or email the Clerk directly. Councilman Napoleone asked if they can view the meeting as they are on Zoom. Ms. Quickel stated that they could. Ms. Cohen asked if they would be able to watch live as they normally do on Channel 18. Ms. Quickel stated that would not be happening live. She said that they will put it on the channel the following day. Councilman Napoleone asked if he got online the next day, would he be able to view the meeting that was happening now. Ms. Quickel stated that was correct. Mayor Gerwig asked if they would have to download the application to watch the meeting or would they be able to click on a link on the website to be able to watch it. Ms. Quickel stated that they would be able to go to the website to click the link to join the Zoom meeting. Councilman McGovern asked if they could go online and view the meeting streaming on the website. Ms. Quickel stated they would not see it streaming, but they could Village of Wellington Page 11 Village Council Workshop Action Summary - Final April 13, 2020 join the meeting by going directly to the Zoom meeting. If they want to make a comment, they can directly call in, use the online form or email the Village Clerk. Mayor Gerwig asked how they were addressing the ADA issues. Ms. Quickel stated that this meeting will be recorded and is visible. The closed captioning will be provided when they upload it to Channel 18. Ms. Cohen mentioned that on the notice, it states if someone needs assistance, they can contact the Village and they will provide them with a reasonable accommodation. Councilman McGovern asked if it was the intention to have all Village meetings this way. Mr. Schofield stated that the Emergency Order provides that all non-sunshine meetings are suspended until further notice. He said that unless the meeting is required for one reason or another, they are suspended for the duration. Mayor Gerwig mentioned that staff has done a good job organizing the Zoom meetings. L. 19-3410 AUTHORIZATION TO (1) AWARD A TASK ORDER FOR THE CONSTRUCTION OF THE WELLINGTON HIGH SCHOOL SPORTS COMPLEX; (2) AWARD A TASK ORDER FOR THE CONSTRUCTION OF THE RUNNING TRACK AT WELLINGTON HIGH SCHOOL; (3) AWARD A TASK ORDER TO PROVIDE CONSTRUCTION ADMINISTRATION SERVICES DURING THE PROJECT; AND (4) APPROVAL OF A BUDGET AMENDMENT TO REASSIGN CAPITAL PROJECT BALANCES AND ASSIGN GENERAL FUND BALANCE RESOLUTION NO. R2020-16: A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE SALES SURTAX AND GOVERNMENTAL FUND CAPITALS BUDGET FOR FISCAL YEAR 2018-2019 BY REASSIGNING CAPITAL PROJECT BUDGETS AND ALLOCATING GENERAL FUND BALANCE FOR THE WCHS SPORTS COMPLEX PROJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. He explained that it is was an authorization to (1) award a task order to Kaufman Lynn Construction, Inc. for the construction of the Wellington High School Sports Complex, in the amount of $12,212,904; and to (2) award a task order to Kaufman Village of Wellington Page 12 Village Council Workshop Action Summary - Final April 13, 2020 Lynn, Construction Inc. for the construction of the running track at Wellington High School, at a cost of $200,509. Mr. Lundeen explained that this item is where they are splitting it into two different agenda items. He said that the first item has to do specifically with the contract with Kaufman Lynn Construction including the award for the entire high school athletic facility project that had started over a year ago. He stated that there was another portion of this that was actually School District work that in discussions, that the School District staff and Village staff both agreed it was in the best interest to do that project at the same time as the facility project. This school district project is actually the renovation of the existing running track. He said that this was not in the Village’s original scope of work. It does have the available funding to handle that project. He said that the School District provided the scope and that has been turned over to the Village’s Construction Manager. He said they have provided a guaranteed maximum price for that component. He explained that that School District will be funding and paying for. The School District will just be utilizing the Village’s CMAR project and contract as the vehicle to deliver it. He said that this will happen at the same time and be constructed by the same contractor, thereby minimizing and reducing any potential for conflicts between the different contractors and trades working on the projects at the same time. Mr. Lundeen explained that the scope of work for the project remains as had been scoped and developed as discussed previously. It is the renovation of the existing turf of the existing stadium field and the construction of four synthetic turf fields for use by the School District and the Village in the northwest corner of the property. This necessitated the relocation of the tennis courts to the new location, located between the baseball field and the softball field on the southwest corner of the property. He said they are constructing three outdoor basketball courts for use primarily by the Village for the basketball recreation and travel programs. There will be associated building improvements for the Village’s use including a concession stand, restroom building and a maintenance building to house any equipment that will be required for maintenance and operations of the athletic facilities by Village staff or contracted staff. He said that additionally, there is a circulation modification that is around the basketball courts that the School District constructed in conjunction with the Village to improve the student drop off by parents to the rear of the project and would be eliminating the student drop off that currently exists at the front of the project. Mr. Lundeen stated that the School District’s portion that is funded currently, and is included in the authorization, includes the renovation of the existing track. Subject to District funding, they have advised that they Village of Wellington Page 13 Village Council Workshop Action Summary - Final April 13, 2020 have funding for the renovation, which is actually a complete replacement of the press box structure that is behind the bleachers. He said that the School District staff has not finalized their review and he is hoping that it will be coming soon so that they can ensure that this all happens the same time as the facility is under construction. Mr. Lundeen stated that with the scope of the contract, it includes awarding the task order to Kaufman Lynn Construction in the amount of $12,212,904, which includes a contingency of approximately $250,000 for the sports field complex and the portion of the School District ’s contract, which is just the track for now, is a cost of $200,509. Mayor Gerwig said that she has heard the most about the bathrooms that the public utilizes and asked if they were part of this project and if not, could they encourage the School District to upgrade them. Mr. Barnes stated that has been an issue that has been discussed at the Education Committee meetings on a regular basis and the Chair has been very vocal and he is sure that the School District staff knows about the need for renovation of those restroom facilities in addition to other renovations. This project does not address anything on the interior of the school. With the press box construction, there will be additional restroom facilities, but they will be on the exterior of the area. Mayor Gerwig asked if it was by the basketball area. Mr. Barnes stated that was correct. Mayor Gerwig asked if they were doing the ballfield restrooms. Mr. Barnes confirmed that they were not doing those at this time. He said that it did not include anything on the football field restrooms and that those are in rough shape. He said that the interior school restroom and locker room facilities were also in rough shape. He said that he thought there were restroom facilities proposed. He said that he thought Ms . Hayden, Mr. Dolan and Ms. Anders at last Education Committee/Public Safety Committee joint meeting referenced that those are on the books and forthcoming, however, they are starting with the projects that are involving HVAC improvements to the school before they get to the restrooms. He said that operationally, the School District does not anticipate using the restrooms during the day. He said that their initial direction is to have better control of the student’s use of the outdoor facilities during the day by not having those restrooms available for use . He said that it may change once they see the building built and the great facilities that will be there. Village of Wellington Page 14 Village Council Workshop Action Summary - Final April 13, 2020 Mayor Gerwig stated that it probably creates another monitoring issue for them, so she can understand that reasoning. She asked if the concession stand would be available for their use for the sports providers. Mr. Barnes said that it would be available. He said that is how they designed the construction to where it is available for usage by the Village’s providers and set up to where it can accommodate two separate and distinct groups concurrently. They have designed it to where they can have product and inventory in the building and not have to move it out every time a different provider comes in. Mayor Gerwig asked if the school will be able to use that concession stand with their after school sports play that is team related. Mr. Barnes stated that by agreement, they can, but operationally he is not sure how they would do that. He said that being how different sports are organized, it is not consistent to the way the Village’s providers handle it, in the way that there is always a set group of people working concessions. Vice Mayor Napoleone asked if the concession stand that is being built would have restrooms in it. Mr. Barnes stated that was correct. Mr. Schofield stated that he thought they were going to be doing more work on the restrooms. Mayor Gerwig stated that she is encouraging the school in that area because it does not put the best foot forward. She said that she hears a lot about Boca Raton parents coming and complaining about the bathrooms. Mr. Barnes stated that it was a standard thing. He said that his biggest concern every football season was the Palm Beach Central High School and Wellington Community High School football game. He said one reason is that at either location there is only one set of restrooms and secondarily because of the condition they are in. Councilwoman Siskind asked if they were still scheduled to begin on May 4, 2020 considering the pandemic or if it would be set back. Mr. Schofield explained that the Governor has deemed construction Village of Wellington Page 15 Village Council Workshop Action Summary - Final April 13, 2020 projects as essential and is doing whatever he can do to encourage construction. He said because of that, this project is moving forward and will plan to be on schedule. Vice Mayor Napoleone stated that the home game of August 21, 2020 might be one that is moved. Mr. Barnes stated that at this point, Mr. Lundeen and his team have coordinated closely with Mr. Romano, the Assistant Principal at the high school, and public utilities. He stated that while nothing is definitive, everyone is under the impression that the kids will not be returning to school before the end of the school year. May 4, 2020 seems like an ideal start date as it will not impact any activities at school and the tentative date of August 14, 2020 as the finish date of Phase One, which includes the track and the field, allows the school and teams to acclimate themselves to the facility for at least a week before the first game. He said that this is why it was important to work with the School District to convince them it was in their best interest to finish the track at this time. Mayor Gerwig stated that she was all for accelerating this. She said that this is the type of thing that they like to take advantage of with the fact that the school is closed and they can get in there. She asked if there would be an impact to the food distribution at Wellington High. Mr. Barnes stated that it is happening at the school and they do not see that it would change any time soon. He said that they are having the food distribution in the bus loop area and that the construction would not affect the circulation. Mayor Gerwig stated that according to the plans, there is a major redesign at the entry at the bus loop and she is disagreeing that it will not have any affect. Mr. Barnes stated that the contractor has indicated to the Village that the entry way is the last part of the project that they will be working on. He said the initial phase of the project is to complete the stadium field track and tennis courts. That portion of the access will be done last because they do not want construction traffic through there. They will be accessing the south side of the property. Vice Mayor Napoleone asked if the meal pick up program stops at the end of the school year or does it continue through the summer. Mr. Barnes stated that he does not have any information on that, but he can check. Village of Wellington Page 16 Village Council Workshop Action Summary - Final April 13, 2020 Mayor Gerwig stated that for the second part of the item, she needed to recuse herself. She said that her firm, Alan Gerwig and Associates, Inc ., works with a sub-contractor that is involved in this task order. She said it was Smith Engineering Consultants who are doing the lighting on the plans. Due to this, she was recusing herself and having no involvement in the discussion on this part of the project. Vice Mayor Napoleone started the discussion on the second part of the item. Mr. Barnes explained that this was to award a task order to Kimley Horn and Associates, Inc. to provide construction administration services during the project. They are the selected design consultant for the project. They have assembled a team of all the consulting disciplines to affect complete design of the project. There is a component called Construction Administration in the process. They would like to award a task order to Kimley Horn and Associates in the amount of $385,015. He said that it covers all the different disciplines, architectural, civil, electrical, etc., and they will be together with the Village staff and regulatory personnel inspecting the project, providing periodic construction observation and attend progress meetings with the team . This scope of services is only for the services for which the Village is responsible. He said that this does not include the scope of services that the School District is providing. Vice Mayor Napoleone asked what he meant by the school’s scope of services. Mr. Barnes stated it would be the track right now and in the future, their hope is that the School District will move quickly enough to provide the Village with the authorization and funding commitment to commence on the press box reconstruction. He said that they do have funding for it. 5. ATTORNEY'S COMMENTS Ms. Cohen stated that she had a couple items. She said that they should have received a letter from Mr. Kino, representing Palm Beach Point, referring to the Lake Worth Right of Way Extension. She said that they are requesting that Council authorize Village staff to meet with them and their attorney to talk about the abandonment of that right of way. She said she is requesting that the Council authorize for them to do that. She asked if she could get that authorization today. Mayor Gerwig asked if there was some value in their participation in Village of Wellington Page 17 Village Council Workshop Action Summary - Final April 13, 2020 this. Ms. Cohen stated that she did not feel that it would hurt to sit down and have a conversation with them. She feels that it may be beneficial to hear what they have to say and listen to their ideas. She said that if they have something of value to propose, then she would bring that back to the Council to consider. Councilman McGovern stated that it is very important that Ms. Cohen’s presence adds the municipality to the discussion. He said that it could potentially avoid the Village from getting sued if they could get them to work this out. Ms. Cohen stated that it would definitely start by sitting down and having a conversation with them. She said that she would also ask Mr. Schofield and Mr. Barnes to join her in those conversations. Councilman McGovern asked who would be involved in the conversation. Ms. Cohen stated that initially it would be a conversation with Mr. Kino, but she envisions reaching out to the attorney for the property owners in including them for additional discussions. She said that without their participation, she does not know if there is much to talk about. Vice Mayor Napoleone stated he thought that was a good idea. Ms. Cohen stated that if there was consensus, then she would try to set something up with them the next day. Mayor Gerwig stated that there was a consensus. Councilwoman Siskind stated that she thought it was a good first step. Ms. Cohen said that the next issue is that the Village’s consultant has concluded that Palm Beach Polo has substantially complied with the obligations under the restoration plan for the four and half acres. She said that it was the subject for the code enforcement hearing for the 130 code violations and also the subject of the foreclosure action that is currently pending. She mentioned that the current outstanding fine is in excess of $6.2 million. She said that Mr. Koch has been given Village of Wellington Page 18 Village Council Workshop Action Summary - Final April 13, 2020 authority negotiate settlement of outstanding fines once the violations come into compliance. She explained that his authority is up to 80%, but in the past, the Council has made it clear that they do not want him to exercise that authority when they are looking at matters that are in litigation. She said that this matter is one that is in litigation . She asked that given this is now in compliance, they expect Palm Beach Polo to seek a fine reduction. She said that she would like some guidance from the Council to give to Mr. Koch in respect to what kind of fine reduction you would be in favor of recommending to the Special Magistrate. She said that the Special Magistrate has the final say regarding fine reduction. Councilman McGovern said that fine reductions used to come to Council and asked how the Special Magistrate got brought into that. Ms. Cohen informed the Council that there was a time that the decisions were made on the staff level, then the prior Council was interested in having some input in the amount of those fine reductions. She said that certain cases were brought to Council. She mentioned that sometimes the rationale of why violations occur can sometimes be pretty personal, so after several of these requests were brought to Council, the desire of Council was that they give back a certain amount of discretion to Mr. Koch and that is when they adopted the policy that gave him the ability to reduce a fine up to 80%. She said there is no entitlement of a fine reduction, but there is the ability to ask for one under the State Statute and under the Village Code. She said that he has that ability, but the Council has expressed that they do not want him to utilize that discretion on matters that are in litigation. Councilman McGovern asked if the Council’s recommendation on fine reductions only went back to the Special Magistrate as a recommendation. Ms. Cohen stated that was correct. She explained that according to Statute, the Council does not have the authority to authorize fine reductions, only to recommend the Village’s position. She said that it is ultimately the Special Magistrate who decides on a reduction, if any. Councilman McGovern asked if the Village has received an official request for this yet. Village of Wellington Page 19 Village Council Workshop Action Summary - Final April 13, 2020 Ms. Cohen stated that they have not, but they anticipate it. Vice Mayor Napoleone asked what the true dollar amount of violation fines is. Ms. Cohen stated that the fine stopped accruing when they submitted the restoration plan. She said at this point, it is a fixed amount of $6,263,395.54. Mayor Gerwig stated that the Village would still get its cost on top of that. Ms. Cohen stated that attorney’s fees for special magistrate hearings cannot be considered cost, but other types of fees and costs can . She said that this is a case that they have had many appeals, all of which have been affirmed except for one. She said that this case dates back to 2014. Councilman Drahos asked if they have had shade sessions on this specific matter and why are they discussing this matter now if they could just discuss it in a shade session. He said that it seems that part of the decision now would reveal the litigation strategy. Ms. Cohen stated that it would not because this is for the fines that are related to the 130 code violations. She said that there is no pending litigation, per se on the code violations. She said that the litigation does have to do with the foreclosure action and this fine reduction has nothing to do with that. Councilman McGovern asked if someone should come in and ask for a fine reduction, do they have to agree to pay the 20% or do they suggest what the fine should be. Ms. Cohen stated that they suggest what the fine should be, but the Code Manager only has the authority to waive up to 80% of the fine. If they want to get a further reduction, they can make that case to the Magistrate. Councilman McGovern asked if they should be even addressing the fine amount since it has already been appealed. Ms. Cohen stated that there is no question that the amount is fixed. The Magistrate could reduce the amount. Village of Wellington Page 20 Village Council Workshop Action Summary - Final April 13, 2020 Mayor Gerwig asked Ms. Cohen to confirm what she is looking for from the Council. Ms. Cohen stated she is looking for direction from the Council whether there is any desire for Mr. Koch to exercise his discretion and offer a fine reduction if it is requested on this matter. Vice Mayor Napoleone suggested they wait until they get the request for the fine reduction before they discuss what they would do. He said that he thought the cost of time and effort ensuring that the violations were in compliance over the countless years and numerous appeals should be included and factored in the Village ’s baseline cost. Ms. Cohen stated that she thought so as well. Vice Mayor Napoleone asked if they could have a shade meeting on this to discuss. Ms. Cohen stated that she did not believe they could have a shade meeting on this because it is not considered pending litigation. Councilman Drahos stated that if they determine a fine reduction for this, then it would affect the foreclosure case. He said that since that case is one in litigation, it seems that they should be able to have a shade session. Councilman McGovern stated that they have to be inextricably bound. Ms. Cohen stated that in her opinion, they are not. She said that the foreclosure can happen irrespective of the lien amount. Mayor Gerwig stated that because they have not requested the fine reduction, she is not sure where they can go with that at this point . She said that if they do make an offer, then they could discuss that again. Ms. Cohen said that was not 100% true. If they go to the Special Magistrate, and the Magistrate declines to reduce it or they do not get to the amount that they are requesting, then they could appeal, as they have done with the prior request they brought before the magistrate. Village of Wellington Page 21 Village Council Workshop Action Summary - Final April 13, 2020 Councilman McGovern asked if that meant they were appealing a fine that they have already appealed. Ms. Cohen stated that was correct. She said they would be appealing the reduction, which they have a right to request pursuant to the Village Code and the State Statute. Councilman McGovern stated that they haven’t even made the request nor made the offer to pay the 20% that they would essentially require from any homeowner. Ms. Cohen stated that was correct, but they anticipate it as they have asked for the form. They expect it to come in and she was just looking to the Council for some guidance. Councilman McGovern asked if she thought they were going to offer the $1.25 million. Ms. Cohen stated she would be shocked if they did. Councilman Drahos stated that he would like to see the offer before they make a move forward in any regard. Vice Mayor Napoleone said that if the offer is received, he would like to know if they can go into a shade session to discuss for all the reasons they have discussed. Mayor Gerwig thanked staff for working on a resolution. 6. MANAGER COMMENTS Mayor Gerwig asked for an update on the COVID-19 situation with the Village facilities. She said that she has heard from some residents that they are happy they are still receiving services from the Village. Mr. Schofield stated that all Village services are open with the exception of the Parks and Recreation programs. He said that they have started virtual recreation programming and senior virtual programs. As far as anything else, they can still get any other Village service. Although they cannot come into the lobby, they can still get the services, such as building permits and inspections. He said that there is a lot of conversation on social media about the Village of Wellington Page 22 Village Council Workshop Action Summary - Final April 13, 2020 Code Enforcement Officers being out in the community. He said that the officers are not writing citations at this time. They are gathering information for the residents to know, such as to see what businesses are still open, confirming which restaurants are curbside pickup and/or delivery, and looking for items that are problematic, not if your garbage can is out. He said that the public works, utilities and wastewater people are out making sure that everything is working. He said that they are trying to accelerate projects where they can. He mentioned that if someone needs help with something, to please call and they will see what they can do. He said that if the residents need to go out and do the things they need to do, to please be careful. He said that to make sure they socially distance. Palm Beach County has an Order that is strongly recommending the use of face masks in public places. He said that they are not seeing a lot of requests for help now, but they are seeing requests for information on what to do if they have lost their job and cannot pay their utility bill. He said that if they need help, please call the Village as they will work with them. He said that with the Council, they are trying to meet any request that should arise. He said that they want the residents to be careful and they want them to call the Village for the services that they need. Mayor Gerwig asked if there is a declared a drought cycle or any water restriction changes. Mr. Schofield stated that they are in a declared drought condition and are about seven to eight inches short of rainfall for the year. He said that the projection is that there will not be any until at least June . As far as the drought restrictions, the South Florida Water Management District has issued a district wide order limiting irrigation of not more than one inch a week. He said that you can water a few days a week and cannot water during the day. He said that if you are not abiding by that, they are not writing notices for that right now, just verbal warnings. This does not mean that the Water District will not require that. He said that it is noticeable with our canals and lakes that the water level is down. If it does go down low enough, it does create problems with the well fields. He said that Ms. LaRocque and her staff are monitoring that very closely. Mr. Schofield stated that another area they are monitoring is the hospitals. He said that they check in with them regularly. He said that the hospitals have capacity and no one is over capacity. He said that the County is expecting that we have not hit the peak surge Village of Wellington Page 23 Village Council Workshop Action Summary - Final April 13, 2020 yet, but it is coming. They expect that Wellington has an adequate supply of beds and there is emergency overflow at the fairgrounds should it be needed. Mayor Gerwig stated that she had heard people were leaving Palm Beach County to go to Martin County to play golf. She that is the kind of thing that they should be avoiding with the spread of the virus . She asked if there are any restrictions of leaving Palm Beach County to play golf and if the County has addressed that. Mr. Schofield stated that the County has a non-essential travel rule, but at the moment, they are not arresting people for that. He did mention that Martin County has closed their golf courses to non-Martin County residents. Mayor Gerwig asked about the County’s Order on face masks. She stated that the face masks do not protect the person, they protect the person they are talking to. She said that many countries have made that a priority and now some local cities have made that mandatory. She asked if that is something that Wellington would do. Mr. Schofield stated that he has looked at that. He said that he has issued that order for the staff to wear them when they are out in public. He has recommended that everyone wears the mask. He said that as of now, the only municipality that has a “must” order is Delray Beach. He said that he just strongly recommends wearing the masks and practicing social distancing. Mr. Schofield mentioned that in reference to drought conditions, Mr. Koch emailed him the South Florida Water Management District Order. He said that most of the District is under a two day a week watering restriction. He said that Wellington and western communities are not. He said that he had nothing else for the evening. 7. COUNCIL COMMENTS There were no Council comments. 8. ADJOURN There being no further business to be discussed by Council, the meeting was adjourned at 5:30 p.m. Village of Wellington Page 24