Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, June 22, 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 June 22, 2020 1. CALL TO ORDER Mayor Gerwig called the meeting to order at 4:00 p.m. Council Members in Attendance: Anne Gerwig, Mayor; Tanya Siskind, Vice Mayor; John McGovern, Councilman; Michael Drahos, Councilman and Michael Napoleone, Councilman. 2. PLEDGE OF ALLEGIANCE Mayor Gerwig led the Pledge of Allegiance. 3. REVIEW OF COUNCIL AGENDA Mr. Schofield introduced the agenda for the June 23, 2020, Regular Council Meeting for review. A. 20-3864 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF MAY 26, 2020 Mr. Schofield introduced the item. He said that this is for the Council Approval of the Minutes of the Regular Wellington Council Meeting of May 26, 2020. He said that if the Council had any changes or corrections to get that to Ms. Addie to take care of that. B. 19-3517 AUTHORIZATION TO CONTINUE UTILIZING AN EXISTING AGREEMENT WITH KRONOS SAASHR, INC. FOR SUPPORT, MAINTENANCE, LICENSES AND RENTAL OF THE VILLAGE’S TIMEKEEPING AND PERFORMANCE REVIEW SYSTEM Mr. Schofield introduced the item. He said that this is the Authorization to Continue Utilizing An Existing Agreement with Kronos Saashr, Inc. for Support, Maintenance, Licenses and Rental of the Village's Timekeeping and Performance Review Systems, at a cost of approximately $43,074 For Fiscal Year 2021. They are asking for a 4% increase, and there is an annual increase provided for in the contract. This will bring the contract to $44,796. Mayor Gerwig stated that this is a system that they are already committed to so there is no real variable. She said that it works well and there is no reason to go out and look for anyone else. C. 20-3777 AUTHORIZATION To: 1) AWARD A CONTRACT FOR GREENBRIAR BOULEVARD/OUSLEY FARMS ROAD ROADWAY IMPROVEMENTS, AND 2) APPROVAL OF RESOLUTION NO. R2020-23 AMENDING THE Village of Wellington Page 1 Village Council Workshop Action Summary - Final June 22, 2020 GAS TAX CAPITAL FUND BUDGET FOR FISCAL YEAR 2019-2020 BY REASSIGNING CAPITAL PROJECT BUDGETS TO THE GREENBRIAR BOULEVARD/OUSLEY FARMS ROAD ROADWAY IMPROVEMENTS PROJECT, AND PROVIDING AN EFFECTIVE DATE Mr. Schofield introduced the item. He said that this is the Authorization to: 1) Award a Contract to D.S. Eakins Construction Corporation for the Greenbriar Boulevard/Ousley Farms Road Roadway Improvements in the amount of $622,143.59, and 2) Approval of Resolution No. R2020-23 Amending the Gas Tax Capital Fund Budget for Fiscal Year 2019-2020 by Reassigning Capital Project Budgets to the Greenbriar Boulevard/Ousley Farms Road Roadway Improvements Project; and Providing an Effective Date. He said that this was a sealed bid/low bid and they used the Local Preference Policy. He said that this means if a local business if within five percent of the local bid they are provided the opportunity to match or beat. D.S. Eakins chose to do that and came in $500 lower than the original low bid. He said that this would be for the construction of the roundabout and staff will take this out of the Gas Tax. He mentioned that this was not budgeted this year, which is why they will see the budget transfer that goes with this item. Mayor Gerwig asked if the emails that had been coming in were referring to this project. Mr. Schofield stated that the emails that were coming in were in reference to landscaping that was to be completed at some of the roundabouts. He said that the vegetation that has been planted at the roundabouts that have been around longer look much better than what has been planted at the newer roundabouts. He said that they are going to take a look at that and generally try to provide good landscaping at all of the roundabouts. He said that the only exception is the one that is on Paddock. He said that for some reason they cannot seem to get anything to grow consistently on that one. Mayor Gerwig stated that the juniper that was put in is doing quite well and is looking much better. Mr. Schofield said that Mr. Barnes will be reaching out to that resident to go over the landscaping plans. Mr. Barnes stated that the other comment on this project was related to the circulation to be able to use the pathway crossing the roadway twice. He said that he believes it is just a function of the design in that the design considers the overall circulation whether it be pedestrian pathway or vehicular. They feel the design is better for vehicular circulation, considering everything involved with the double pathway, it is still an Village of Wellington Page 2 Village Council Workshop Action Summary - Final June 22, 2020 improvement from the current condition. Mayor Gerwig asked where the horse crossing was on the plan. She asked if it was near the flasher indicator. Mr. Reinsvold explained that it was in the bottom right hand corner of the project plans where it says existing beacon flasher to remain. He said that they will tie in the pedestrian crossing with the horse crossing. He said it would be a midblock crossing, similar to the Palm Beach Point crossing where there will be a button for the pedestrians and a button for the equestrian crossing. Mayor Gerwig stated that with the roundabouts, there are different landscaping issues they need to take into consideration. Councilman Napoleone asked how long the project will take from start to finish. Mr. Reinsvold stated that they anticipated it to be a 120 day substantial and a 150 day final project. Councilman McGovern asked if they could pull the item for the next meeting because this would be a budget that was not previously planned. He said that he thinks that this is something residents will want to hear about and there should be a presentation on this. He said that he is all for this project, but he believes it should not be on the Consent Agenda. Mayor Gerwig stated that the cost was not the issue for her, but the issue of the change in travel. She said that a presentation would be a good idea for the public. Mr. Schofield stated that this item will be moved to the Regular Agenda as Item 8A. Mayor Gerwig asked when construction would start if they approved it at the next meeting. Mr. Reinsvold stated that it would be about 30 days to get the contract together and another 15 to 20 days after that to start construction. Mayor Gerwig asked if that would make construction right in the middle of horse season. Mr. Reinsvold stated that it would be right before it. Village of Wellington Page 3 Village Council Workshop Action Summary - Final June 22, 2020 Mr. Barnes stated that it would be done by Thanksgiving. Mr. Schofield stated that it would hit the early part of equestrian season, but not the peak of the season. D. 20-3779 AUTHORIZATION TO CONTINUE UTILIZING REVENUE GENERATING CONTRACTS WITH FOOD INVASION, GOURMET FOOD TRUCK EXPO, CALVARY CHURCH AND WESTWAY TOWING, INC. / PRIORITY TOWING, INC. Mr. Schofield introduced the item. He said that this is the Authorization to Continue Utilizing Revenue Generating Contracts with Food Invasion, Gourmet Food Truck Expo, Calvary Church and Westway Towing/Priority Towing, Inc. He explained that Food Invasion and Gourmet Food Truck Expo alternate weeks when they utilize the food trucks and they do anticipate getting back to using them at some point. He said that it typically generates more than $25,000 so they want to renew. He said that the Calvary Church contract is a rental from the Village. Their rentals generate about $2,700 a month. Westway Towing is who the Village uses for towing and they refund the Village $67 per tow and the Village is wanting to add Priority Towing in as the new contract. This would ensure that there are enough tow vehicles and a sufficient type to handle the Village's needs. Mayor Gerwig asked if it would go to Westway Towing first and then go to Priority if needed or is it a tradeoff. Mr. Barnes explained that Priority Towing actually took over Westway Towing, so it would be the same operation. Mayor Gerwig asked when did the Village competitively bid this last. Mr. De La Vega stated that it was three years ago with two, one-year annual renewals. He said that this would be the first renewal. Mayor Gerwig asked if everything was going well with them. Mr. De La Vega said that as far as he knew, it was. E. 20-3816 AUTHORIZATION TO UTILIZE A CLAY COUNTY CONTRACT FOR THE BRAMPTON COVE PARK RENOVATION PROJECT Mr. Schofield introduced the item. He said that this was the Authorization to 1) Utilize a Clay County Contract With Robertson Industries, Inc., as a basis for pricing, to Furnish, Deliver and Install Safety Surfacing at Brampton Cove Park in the amount of approximately $53,878.50; and 2) Utilize a Clay County Contract with REP Services, Inc., as a basis for Village of Wellington Page 4 Village Council Workshop Action Summary - Final June 22, 2020 pricing, for the Replacement of Playground Equipment at Brampton Cove Park in the amount of approximately $126,640.50. The total cost of the Project is $180,419.00. There was originally $200,000 budgeted for it. Mayor Gerwig asked if there was any grant money being used for this. Ms. Quickel stated that there was not. Councilman Napoleone asked what was at the park right now and what they were replacing. Mr. Barnes stated that right now there is a playground with full swing set equipment, safety surfacing, an existing pavillion/gazebo area, walkway that goes around the entire park and associated site furnishings - benches, trash cans, bike rack, landscaping, etc. He said that it is located on Lake Greenview. Mayor Gerwig asked if this was the one that they added an observation deck to. Mr. Barnes said no. He said that the observation deck projects have been done at Dorchester Park and Essex Park. He said that they are intentionally not putting one at this park until they have had enough time to see if the existing observation decks at the other parks to be in service to see if they want to continue to do it. Mayor Gerwig asked if this was a rotation on doing the parks. Mr. Barnes stated that was correct. He said that this was actually the first park they did 20 years ago when they were doing the Park Renewal Program. Mayor Gerwig mentioned that it looked like the park was pretty accessible as there were many walkways already. Mr. Barnes said that this park services two neighborhoods: Greenview Shores I and Wiltshire Village. Councilman McGovern mentioned that these parks have been very successful and he feels that it is a good thing. Councilman Napoleone asked if the covered structure will be over the playground equipment or another part of the park. Mr. Barnes stated that there is an existing pavilion and there is nothing Village of Wellington Page 5 Village Council Workshop Action Summary - Final June 22, 2020 proposed to go over the playground at this time. They are just replacing the existing playground equipment that was installed over 20 years ago. Mayor Gerwig asked if this one has the rubberized surface. Mr. Barnes stated that was correct. He said that all of their park locations have that safety surfacing, with the exception of one park location in Village Park. Mayor Gerwig asked how that original surfacing has held up since it is an older park. Mr. Barnes stated that it has had repairs and a couple of replacements put in, but this will be a complete removal and installation. He said that the newer surfacing is holding up better. He said that the best part of this type of surfacing is that it is easily repaired and colors are easily blended. F. 20-3832 AUTHORIZATION TO EXECUTE A LEASE AGREEMENT BETWEEN ACME IMPROVEMENT DISTRICT AND J. ALDERMAN FARMS, INC. FOR THE K-PARK SITE Mr. Schofield introduced the item. He said that this is the Authorization to Execute a Lease Agreement between Acme Improvement District and J. Alderman Farms, Inc. for the K-Park Site in the amount of $40,000 Annually. Mr. De La Vega explained that this is the lease at K-Park with Alderman Farms. He said that the contract is set to expire on June 30, 2020, so this would take effect on July 1, 2020. They are requesting $40,000, no change with what they have been charging. He said that in addition, they provide the property taxes on the property, which account for $16,500. He said that in actuality, the total benefit to the Village is $56,500 and this would be for one year. This will allow the Village to renew and provides a 120 day cancellation clause, allowing them to finish up any type of growing season. Mayor Gerwig asked what the tax burden would be if it was not a leased property. Mr. Schofield explained that if the Village is not leasing it, the Village does not pay tax on property that they are not leasing. Councilman McGovern asked if the Council does nothing at the meeting, what would happen. Mr. De La Vega said that the contract would expire. Village of Wellington Page 6 Village Council Workshop Action Summary - Final June 22, 2020 Councilman McGovern asked if there were any month to month provisions. Mayor Gerwig said that it goes by the crop. Ms. Cohen mentioned that if there is a continuation of the lease, without the benefit of a contact, it renews for the same term previously enjoyed. Councilman McGovern asked if there was a term in this contract. Ms. Cohen said that she believed it was a year. She said that if they did nothing and allowed it to continue, there is an argument to be made that it could continue for a year. Mayor Gerwig stated that she had been in touch with Steve Baswar regarding the ideas that they have. She said that the ideas are interesting, but would take a lot of planning. She said that even if this continues on for another year, it would not interfere with what they are proposing next. She said that she told him that if the Village decided to do something different, they would have to go to competitive bid. Mr. De La Vega stated that this one is actually exempt from competitive bid, but that would probably be the route they took anyway. Mayor Gerwig said that the idea behind that is that it would provide a public benefit and this one does not provide a public benefit. Ms. Cohen reminded them that they are not required to go out for bid to lease their own property, but they can choose to do that. Mayor Gerwig stated that in speaking with him, she got the idea that he would like to partner with the Village. Councilman McGovern asked if the lease goes away, does the Right of First Refusal term go away as well. Ms. Cohen stated that it did. She said that once the lease expires on its' own terms, all of the terms expire except for those that are expressly stated, continue after the term of the lease. She said that if they do nothing and allow him to stay on the property, it would not renew all of the terms of the lease, but it would potentially renew the "term" of the lease. Councilman McGovern asked if it would re-trigger the 120 day provision as well. Village of Wellington Page 7 Village Council Workshop Action Summary - Final June 22, 2020 Ms. Cohen said that she would have to look at that. She said that she does not know if there would be and that there would not be any binding terms. She said she would do research between this meeting and the next meeting and let Council know what the law is with respect to a renewal without the benefit of the written contract. Councilman Napoleone asked if they decided to renew the lease, after a year could they terminate it. Ms. Cohen stated that after a year it would automatically terminate by its own terms. Councilman Napoleone mentioned that this only locks them in for a year, if they want to go that far. He said as long as they give them notice prior to the growing season, they could terminate it sooner. Mr. Schofield stated that there are a couple of growing seasons during the year. He said that the termination provision gives him the right to harvest the crop that is currently planted. The Village is only obligated to let him harvest whatever is already in the ground. Mr. Barnes informed the Council that they did have a discussion with Mr. Baswar about the prospects of the potential project. For an example, timing-wise, to execute this type of a project with an agreement by September, it would allow a planting in March 2021, it would produce a harvest/picking by March of 2022. He said that if they were to make a decision that would not allow a planting in March 2021, then they would have to plant in November 2021, they would not be able to harvest until March 2023. He said these are the variables they are talking about. The scenario that he is talking about is a "You pick them" like they have in Clermont. He said that Mr. Baswar anticipates a five year break even time frame. Mr. Baswar estimates, based on the infrastructure investment that he would have to make (approximately estimated at $2 million) that he would would be ideally looking for a ten year time frame commitment for that kind of endeavor. Mayor Gerwig stated that she thinks this kind of thing would be such a benefit. She said that she thinks that the Village may want to take on partnering with him to take on some of the costs of the infrastructure costs. She said that it is a benefit to the community for that element and for others at that site. She said that they could possibly wrap the entire Green Market up at that one site. She stated that this is definitely a benefit to the community and they should really look into it, whereas the current item is just a farm, which is great, but not benefiting the Village of Wellington Page 8 Village Council Workshop Action Summary - Final June 22, 2020 community. Mr. Barnes stated that Mr. Baswar mentioned that approximately 20 acres would be utilized for this project in production. He said that the balance of the site would be the infrastructure for the site amenities (building & parking). Councilman McGovern stated that he believes that he and the rest of the Council would like to explore this option. He asked if they want to explore the option, do they or do they not renew the lease. He said that he is concerned about some of the terms in the lease. He said that they really need to review this between now and the next meeting and decide if they want to renew or pull this from the agenda. Mr. Barnes stated that he will certainly rely on Ms. Cohen for the contractual items, but in looking at the agreement, he feels that they should go ahead and approve the agreement because it affords them all the benefits of cancellation in advance of expiration of the contract. He said that if they do not approve the contract at the next meeting, he does not feel that they are going to be able to work through the details to execute an agreement for an official September date so that he can plant in March 2021. In approving the lease, it keeps the property from having no use, keeps revenue coming in for the portion of that term and it allows the Village to exercise the 120 day notification agreement in the event they make it before the one year has expired. Councilman Napoleone stated that he agreed because he knows there are a lot of details to work out of the new use that they do not know about. He said that if they give up this lease to nothing, then they will have nothing on the property until they figure something out with a whole new concept. He said that it is better that they approve the lease now, knowing they can get out of it with the notice provision, while they work on the details. Councilman McGovern asked if they felt they could do that and potentially make the March 2021 planting date. Mr. Barnes stated that he does not feel that a planting date of March 2021 is realistic and that they are probably looking at the later time. He said that in the event that they can come to an agreement before they get to a concrete date in September, knowing they can still make a commitment and utilize the 120 day notification, then you can have the two things going on concurrently. He said that if they do not execute, they will have nothing going on with the property and it sits longer as an empty property. Village of Wellington Page 9 Village Council Workshop Action Summary - Final June 22, 2020 Ms. Cohen pointed out the holding over provision on page 124 of the contract. She explained that it suggests that the terms say there must be a tenancy at sufferance and the terms in the lease would otherwise apply. She said that she will take a look at the Right of First Refusal provision and will be prepared to discuss that at the next meeting. Councilman Napoleone asked what section of the lease that was in. Councilman McGovern stated that it was in Section L6. He said that Section L6 is the holding over and Section B is the Right of First Refusal. Mayor Gerwig said that Section K covers the termination for convenience. Councilman McGovern stated that pending those answers, he is fine with renewing the lease depending on what they hear from Ms. Cohen. G. 20-3846 RESOLUTION NO. R2020-24 (PALM BEACH TRANSPORTATION PLANNING AGENCY – TRANSPORTATION ALTERNATIVES GRANT APPLICATION) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE PALM BEACH TRANSPORTATION PLANNING AGENCY FOR A TRANSPORTATION ALTERNATIVES GRANT REQUESTING $446,524 TO CONSTRUCT A MULTI-PURPOSE PATHWAY ALONG THE EAST SIDE OF THE C-2 CANAL FROM BENT CREEK ROAD TO GREENVIEW SHORES BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. He said that this is the Approval of Resolution No. R2020-24, Authorizing the Village Manager or his Designee to Submit a Grant Application to the Palm Beach Transportation Planning Agency (TPA) Requesting Funds in the amount of $446,524 to Construct a Multi-Purpose Pathway along the East Side of the C-2 Canal from Bent Creek Road to Greenview Shores Boulevard. He mentioned that it is a 70/30 split grant with Florida Department of Transportation (FDOT). He said that he is not sure they will get this one or not, but they are close enough in the rankings to make it worthwhile. He said that this was a pathway that was identified when they were out looking for pathways to schools. He said that since this would run along the canal and in people's backyards, part of the project would include a barrier, street furniture and landscaping along the right of way, adjacent to the houses so they are not putting people into other's backyards. Mayer Gerwig asked what he is referring to when he says "barrier." Village of Wellington Page 10 Village Council Workshop Action Summary - Final June 22, 2020 Mr. Schofield said that it would be fencing. Mr. O'Dell stated that most of the properties already have some form of fencing. He said they thought that they would just add on to whatever fencing they had, but looking at landscaping more than anything. He said that they heard more from the public regarding the visual barrier. Councilman Napoleone asked if they had house by house input of the homes that back up to the canal. Mr. O'Dell stated that they only had one house that backed up to the canal that was opposing it. He said that all of the other houses that were opposing it were related to Horseshoe Trace. Councilman Napoleone said that he feels they need to contact those whose backyard backs up to this specifically and get their opinion before they start paving. He said that he is not sure they really need this pathway, but knows at this time it is just to see if they can get the grant money in case they want to do it. He said that he does not want to hold up potential grant money, but is not sure that this a great idea. Councilman McGovern asked if this is the path that goes from Greenview Shores canal straight to Bent Creek. Mr. O'Dell stated that was correct. Mayor Gerwig mentioned that it is on property that the Village owns, but it is adjacent to their backyards. She said that this one did not have a lot of push back like the interior one did. Councilman McGovern said that this is the better of the two. Mr. O'Dell said that when they were having discussions on this project, people were in favor of this project. Beyond the one resident who voiced his opposition, there has been more in support of this portion of the project. Councilman McGovern said that as Councilman Napoleone said, they should try for the grant and then they can cross that bridge once they receive it. Mayor Gerwig mentioned that it is almost already a pathway as people are already walking along it as it is a dirt pathway. Village of Wellington Page 11 Village Council Workshop Action Summary - Final June 22, 2020 Mr. Barnes said that it would be an improvement of what is already being used. Councilman Napoleone said that it would be an invitation to use it more once they paved it. Mr. Barnes stated that it will have no vehicular access, only golf carts. H. 20-3847 RESOLUTION NO. R2020-25 (PALM BEACH TRANSPORTATION PLANNING AGENCY - LOCAL INITIATIVES GRANT APPLICATION) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE PALM BEACH TRANSPORTATION PLANNING AGENCY FOR A LOCAL INITIATIVES GRANT REQUESTING $1,378,861 TO CONSTRUCT BICYCLE LANES AND INTERSECTION IMPROVEMENTS ON GREENBRIAR BOULEVARD FROM AERO CLUB DRIVE TO GREENVIEW SHORES BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. He said that this is the Approval of Resolution No. R2020-25, Authorizing the Village Manager or His Designee to Submit a Grant Application to the Palm Beach Transportation Planning Agency (TPA) Requesting Funds in the amount of $1,378,861 to Construct Bicycle Lanes and Intersection Improvements on Greenbriar Boulevard from Aero Club Drive to Greenview Shores Boulevard. He said that this will fix the drainage problems and elevation problems. It will provide pathways in that section of the roadway. He said that this is a 50/50 grant. Mr. Schofield mentioned that they have applied for this grant in the past and then turned it down because the construction costs were too high. This has since been redesigned and the cost of the project was reduced by nearly a million dollars. He said that they are looking at approximately $1.3 million funded by grant and $1.2 million funded by Village funds. He said that with this one, they believe they will score high enough and be successful in getting this project. Mayor Gerwig asked if this had to time in with the roundabout. Mr. O'Dell stated that unfortunately if they do the roundabout this year, the money for this project is actually five years out. Mr. Schofield stated that when they do the roundabout, they will take into account these upcoming pathways. Mr. O'Dell said that they spoke with FDOT about it going in initially, but when Council wanted to move forward, they pulled it out and FDOT was ok with that. The roundabout project is going to be separate from the Village of Wellington Page 12 Village Council Workshop Action Summary - Final June 22, 2020 pathways project. Mayor Gerwig mentioned that the roundabout is being done for a level of safety. It is to slow everyone down and make for a better flow of traffic. She asked if this particular project addresses drainage. Mr. O'Dell stated that it does. It is generally a re-build of the roadway. Councilman McGovern stated that it was a yes for this too if they get approved. Mayor Gerwig stated that the Village has a hard time qualifying for the transportation grants, so when they can, they take them. I. 20-3854 APPROVAL OF RESOLUTION NO. R2020-26 TO ENTER INTO A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BIG BLUE TRACE FROM SOUTH SHORE BOULEVARD TO WELLINGTON TRACE PROJECT AND PROVIDING AN EFFECTIVE DATE Mr. Schofield introduced the item. He said that this is the Approval of Resolution No. R2020-26 to enter into a Local Agency Program Agreement with the Florida Department of Transportation for the Big Blue Trace from South Shore Blvd. to Wellington Trace Project and Providing an Effective Date. He said that the total estimated cost for this project is $831,489, of that FDOT will be providing $572,767 and the Village will be contributing $258,722. This project provides a twelve foot pathway for over 1.3 miles as part of our Pathway Plan. He said that this grant has been approved and they are ready to move forward. Mayor Gerwig mentioned that this particular project is a sort of test site for the Village. She said that the Village is looking at ways to make multi-purpose paths. Mr. Barnes stated that was correct. Councilman Napoleone asked if they had already re-done this before in the same place. Councilman McGovern stated he thought they just did the other side. Mr. Schofield stated that they had re-surfaced the other side a few years ago. Mr. Barnes mentioned that it was on the north side of Wellington Trace. This particular project will be on the south side. He said that if you have spent any time on any of these pathways, for a number of reasons, even if Village of Wellington Page 13 Village Council Workshop Action Summary - Final June 22, 2020 they have redone them in the past couple of years, show the wear and tear pretty quickly. This portion was not re-done in the past few years. In some cases, there may be areas of where they fog sealed it to put an extra layer of coating on it. Mayor Gerwig said that she believes they did some intersection work in that area, possibly a culvert three or four years ago. Mr. Barnes said that the most recent work that has been done in that portion of Big Blue was the turn lane improvements. As a result of that, there was some swale work that was re-done, but nothing was done on the pathways. The major work was done north of Wellington Trace and that was complete roadwork and drainage work on both sides of the road, including the fencing that was installed on the elementary school side. Mayor Gerwig stated that it has solved that drainage problem that they had seen for years. Mr. Barnes said that they will address the comment that came in via email as far as spending and paying attention to Big Blue on the north side of Wellington Trace. He said that assuming this pilot program works with the pathways, they are going to look into the expansion of other areas. Councilman McGovern asked if the last significant project that was done on Big Blue was done on the north side of Wellington Trace. Mr. Barnes stated that was correct. He said that is what the emailer referred to as "necessary infrastructure" as opposed to beautification. He said that he will respond in more detail. Councilman McGovern said that this is certainly not a beautification project. Mr. Barnes said that it was not, but they are looking at the landscaping that was put in on a temporary basis and will get back to him once they figure out what modifications they will be doing and decide on the complete streetscape package. Councilman Napoleone asked when the start date would be and how long would it take to complete. Mr. Reinsvold mentioned that this portion of the project is the LAP agreement and will not have to be bid. This is a 30 day process, then go Village of Wellington Page 14 Village Council Workshop Action Summary - Final June 22, 2020 to contract so about 120 days from now they could start construction. Councilman McGovern commented that it could start in November and be done by March of next year. Mayor Gerwig asked about the kids and the people already using the pathway. Mr. Reinsvold stated that they could do the project in sections or they could direct them to the other side of the road. Mayor Gerwig commented that they would then have to cross the road again. J. 20-3865 APPROVAL OF THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF WELLINGTON AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR FUNDING, CONSTRUCTION OF THE RUNNING TRACK AND MAINTENANCE OF CAPITAL IMPROVEMENTS FOR A SPORT COMPLEX AT THE WELLINGTON COMMUNITY HIGH SCHOOL Mr. Schofield introduced the item. He said that this is the Approval of the First Amendment to the Interlocal Agreement between the Village of Wellington and the School Board of Palm Beach County for Funding, Construction of the Running Track and Maintenance of Capital Improvements for a Sport Complex at the Wellington Community High School. He stated that the School District had funded the repair and replacement of the running track that is within the boundaries of the contract that they have for the sports stadium. Both parties agree that it is a good idea to have a single contractor responsible, so this amends it. This amends the contract to allow our contractor to build it, the school district pays and it outlines some of the maintenance responsibilities. Mr. Barnes stated that the scope of the work has already been approved and the school district was part of that process. He said that this just formalizes it and approves the interlocal amendment of the school district being allowed to pay the invoices when the Village receives them. He said that they also included in that amendment a clarification that should the parties that started the project not be around, everyone knows the scope of their long term maintenance responsibilities. Councilman McGovern asked if this was exactly what was wanted. Mr. Barnes stated that was correct. He said that this clarifies the responsibilities and the scheduling time frame has the field being completed in the fall, by the time school opens. In order to ensure that there are no issues with utilizing the field, the track work will be Village of Wellington Page 15 Village Council Workshop Action Summary - Final June 22, 2020 completed, but the surfacing will not happen until at least around Thanksgiving when school is out. Until then, the asphalt track will be out and can be used by the kids. Mayor Gerwig asked who is responsible for the maintenance on the track. Mr. Barnes said that it remains the school district's responsibility. He said that this is a pass through to ensure that there are not different contractors on the job. He said that this is something that the School District and the Village agree on to make things easier. K. 20-3866 ORDINANCE NO. 2020-09 (CODE OF ORDINANCES AMENDMENT TO MODIFY THE PARKING CITATION PROGRAM TO FACILITATE THE IMPLEMENTATION OF THE TRAFFIC AND CRIMINAL SOFTWARE (TraCS)) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING CHAPTER 62 “TRAFFIC AND VEHICLES”, ARTICLE IV “PENALTIES”, SECTIONS 62-37 “PENALTIES”, 62-38 “LATE FEE”, AND 62-39 “ADMINISTRATIVE APPEAL” OF WELLINGTON’S CODE OF ORDINANCES TO MODIFY THE PARKING CITATION PROGRAM TO FACILITATE THE IMPLEMENTATION OF THE TRAFFIC AND CRIMINAL SOFTWARE (TraCS); PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. He stated that this is the Approval of Ordinance No. 2020-09 to Modify the Parking Citation Program to Facilitate the Implementation of the Traffic and Criminal Software (TraCS). This is amending the code so that PBSO deputies can write the tickets in their cars and then they go directly to the County Clerk. The other difference is there will be an additional $10.00 charge to the court. The court is requiring this fee to process the tickets. He mentioned that this is the second reading and there have been no changes from the first reading. He said that they believe it is important they do this so that when there are non-Wellington deputies here, they can write the tickets. It also moves us away from paper and more to electronic. The recommendation for approval has not changed since the first reading. Vice Mayor Siskind asked if the fee is reimbursed to the Village after collection. Mr. Stillings stated that they have a higher collection rate and so when they collect, they will reimburse that back to the Village on a regular basis. Village of Wellington Page 16 Village Council Workshop Action Summary - Final June 22, 2020 Mayor Gerwig asked if it was correct that the County Clerk received the $10.00 charge and the Village gets the regular fine. Mr. Stillings stated that was correct. Councilman McGovern asked if conversion to this program is being asked of all PBSO contract municipalities. Mr. Stillings stated that was correct, but mentioned that several have declined because they do not believe that there are a significant enough amount of tickets being issued to warrant the change. He said that the majority of the municipalities have changed and the Village is one of the four that they are waiting on to make these code amendments. Councilman McGovern asked what were the other three municipalities. Mr. Stillings stated that they were Lake Park and Mangonia Park. He said that Wellington is actually one of three municipalities that they are waiting on. Mayor Gerwig asked what municipalities declined. Mr. Stillings said it was Royal Palm Beach, Loxahatchee Groves and Westlake. Mayor Gerwig asked what they thought the actual difference in the amount of money would account for. She asked how much do they actually use this. Mr. Stillings informed the Council that the Village actually writes about 300 tickets a year. On the average, about 60% of those are written by PBSO. He said that one advantage is that it goes directly to the County Clerk, so they are responsible for the collection. Another advantage is that the information goes to the State, so they know if you have three or more tickets, you cannot get your registration issued. This would ensure more compliance. The other advantage is just the database information, which would help identify how many, where they are being written and find differences between code tickets and PBSO ticket issuance. Mayor Gerwig stated that there was no public input on this at the last meeting, so they will see if anyone comes out at this meeting. Councilman McGovern asked if they have received any comments since then. Village of Wellington Page 17 Village Council Workshop Action Summary - Final June 22, 2020 Mr. Stillings said that they had not. Mr. Schofield mentioned that he would like to add an item to the agenda. He said that it is the Authorization to Issue a Purchase Order to Zambelli Fireworks. He said that they have $45,000 budgeted for the fireworks and that is if they did them in their normal fashion. He said that this year, because of COVID-19, they have to change significantly the way they will do the fireworks. He said that they are proposing a "drive-in fireworks" display with two locations. He mentioned that having that second location will add about $5,000 to the cost of the fireworks. He said that because this is over his threshold, he needed to bring it to Council for approval. He said that fireworks will come off of at Village Park and the other at the 10-acre park at the Wellington Green Mall. He said that he would like to add this to the Consent Agenda. Councilman McGovern asked if they were not going to use either of the schools. Mr. Barnes stated that they did an exhaustive search from all available properties in the Village. From the school's point of view, no pyrotechnic devices/effects are permitted on property due to it being a high risk. He said that their desire to find a more centrally located to expand the viewing area from people's homes. These two areas allow them to utilize up to five inch shells whereas before they could only utilize only three or four. There will not be any utilization of parking at the Wellington Mall, but there will be parking at the Park site. This area will allow those in the vicinity of the mall area to view the fireworks and even further out from there. The vendors are saying that with that size shell, they will be able to go 300 to 500 feet up in the air, which should be able to be viewed within a mile to a mile and half radius, depending on weather conditions. Councilman McGovern asked what was used last year. Mr. Barnes stated they used three to four inch shells. Councilman Napoleone asked Mr. Barnes to describe the traffic and parking circulation plan. Mr. Barnes explained that they would allow people to park at Village Park, at the Mall Park or in your driveway and you should be able to look in the air to see the fireworks. He said that the parking at Village Park still will not be as open as it is in the normal years because they have had to move their shoot location off from the storage area to a back portion of the parking lot area due to the size of the shells. He said that when they put the information out to the public, they will be stressing that social Village of Wellington Page 18 Village Council Workshop Action Summary - Final June 22, 2020 distancing should be observed and to please stay in their cars. No tents or grills will be allowed. He said that if someone was to show up with people in the back of the bed of a truck, social distancing among others will still have to be observed. He said that they will not forbid anyone to get out and stay by their vehicles, but they will ask that there be no gathering of groups. They do not want this to turn into a "block party" type of thing. He said that PBSO will be onsite to help direct traffic and help with safety measures. Councilman Napoleone asked what the practicality of a family of four watching fireworks from the inside of their car. Mr. Barnes stated that is the best they can do. Mayor Gerwig mentioned that they could put their chairs in front of their car, but no gathering of people. Councilman McGovern asked what time do they expect the fireworks to start. Mr. Barnes said that it will start at 9:15 p.m. as they do every year. Councilman McGovern asked what time will they open the gates at Village Park. Mr. Barnes stated that they do not envision it opening before 8:00 p.m. The park will be closed during the day and then allow people to come in around 8:00 p.m. Councilman McGovern asked if the mall will be closed. Mr. Barnes said that at this time, the mall has been closing at 7:00 p.m. The mall management has been in support of this and supportive in helping the Village out. The management will be encouraging the mall food court to stay open during this time and encouraged the restaurants surrounding the mall to stay open later. Mayor Gerwig stated that if they timed it right, they could sit outside at one of the restaurants and watch the fireworks. She said that she really feels that it is important to continue this tradition, if they can. They are going to need compliance from people. Mr. Barnes said that as long as everyone applies some common sense and safety, it will go well. Village of Wellington Page 19 Village Council Workshop Action Summary - Final June 22, 2020 Councilman Napoleone asked if it will be the same show on both sides. Mr. Barnes stated that it would be. They will be run concurrently and at this point, the only thing they are working out is the best way to have the music compliment the show. He said that they are working with communications to set up something so you can have it streaming for those 20 minutes on the website. Councilman McGovern asked if there is a radio station. Mr. Barnes stated that there is a radio station, but he believes there is a FCC limitation on the Village doing anything but the spoken word. They are still researching that. Mayor Gerwig instructed that the information be on the website so that people know how to find the music. Councilman McGovern stated that he is sure it will be on their social media as well. He asked Mr. Schofield if he wanted this item placed on the Consent Agenda. Mr. Schofield replied that he would like it to be, if that is possible. Ms. Cohen stated that it was possible. She said that they can always add an item to the agenda as long as the meeting has been properly noticed. Mayor Gerwig stated that this event does make the Village more vulnerable for many people to show up. She asked if the Village is the only municipality in Palm Beach County that is having live fireworks. Mr. Barnes stated that the Village is not the only one. He said that West Palm Beach has publicized that they will be having fireworks in two undisclosed locations that they are broadcasting on Channel 25. Councilman Napoleone asked if anyone else is having live fireworks where people can show up. Mr. Barnes stated that he is sure that with 39 municipalities, someone is having them. Mr. Schofield stated that for the municipalities around us, the Village is the only one doing them. Other surrounding communities are putting it off and doing them later in the year. Mayor Gerwig stated that they used to do them at the lake behind the Village of Wellington Page 20 Village Council Workshop Action Summary - Final June 22, 2020 Village Hall and asked if that had been considered. Mr. Barnes stated that it could have been done, but the cost would have increased because you would have needed a barge placed in the middle of the lake. He said that they are actually getting a nice partnership with Zambelli in that they are getting two shows for only $5,000 extra. Councilman McGovern asked what the parking capacity was at the mall. Mr. Barnes stated that he did not know at the moment, but they could find that out. Councilman McGovern asked if they would be able to see the fireworks from both sides of the mall. Mr. Barnes stated that he believed so. He said that even with the different elevations, the fireworks will be going up to 500 feet in the air and there should be no reason why they could not see them. Mayor Gerwig stated that she thinks this is great. Mr. Barnes stated that these will be higher than they have had in Village Park in the prior years. 4. WORKSHOP None. 5. ATTORNEY'S COMMENTS Ms. Cohen stated that the Special Magistrate did reduce the fine in the 130 violations case and she will be calling a Shade Session to discuss the impact that it has on the foreclosure matter. Councilman McGovern said that they would have to discuss any other decisions they have to make relative to that. Ms. Cohen stated that was correct. Mayor Gerwig asked what the additional costs were that she was to report to them. Ms. Cohen said that in looking at the Statute and the Village Code, the cost associated with the 130 violations were all internal and could not really be charged against them. Village of Wellington Page 21 Village Council Workshop Action Summary - Final June 22, 2020 Councilman McGovern asked if she could not come up with any single dollar of cost. Ms. Cohen stated that they did come up with some costs, but it is costs that Code is permitted to charge. There were no other real cost they could add to that for the code case. For the ancillary cases, those are different and the fees/attorney fees could not be recovered. Councilman Napoleone asked what the Special Magistrate reduced the dollar amount to and from. Ms. Cohen stated that she did not have the order with her, but it was from the $6.2 million to $1.2 million plus approximately $570 in costs. She said that she will be calling a Shade Session as she thinks they do have some post hearing motions that they need to discuss. 6. MANAGER COMMENTS Mr. Schofield stated that he had nothing to report. 7. COUNCIL COMMENTS There were no Council reports. 8. ADJOURN There being no further business to be discussed by Council, the meeting adjourned at 5:04 pm. Village of Wellington Page 22