Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, March 22, 2021 4:00 PM Village Hall - Council Chambers Village Council Workshop Anne Gerwig, Mayor John T. McGovern, Vice Mayor Michael Drahos, Councilman Michael Napoleone, Councilman Tanya Siskind, Councilwoman Village Council Workshop Action Summary - Final March 22, 2021 1. CALL TO ORDER Mayor Gerwig called the meeting to order at 4:00 p.m. Council Members in Attendance: Anne Gerwig, Mayor; John McGovern, Councilman; Michael Napoleone, Councilman and Michael Drahos, Councilman. Council Members Absent: Tanya Siskind, Vice Mayor. 2. PLEDGE OF ALLEGIANCE Mayor Gerwig led the Pledge of Allegiance. 3. REVIEW OF COUNCIL AGENDA Mr. Barnes introduced the agenda for the March 23, 2021, Regular Council Meeting for review. A. 20-4340 RECOGNITION OF WELLINGTON REGIONAL MEDICAL CENTER AND PALMS WEST HOSPITAL FRONT LINE WORKERS Mr. Barnes introduced the item. He said that this is the Proclamation Recognizing Wellington Regional Medical Center and Palms West Hospital Front Line Workers for their service to Wellington and surrounding communities. He said that representatives from both hospitals will be there for the recognition. B. 20-4341 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF MARCH 9, 2021 Mr. Barnes introduced the item. He said that this is the Council approval of the Minutes of the Regular Wellington Council Meeting of March 9, 2021. He said that if Council has any changes to provide that to staff. C. 20-4164 AUTHORIZATION TO UTILIZE A SOURCEWELL CONTRACT AS A BASIS FOR PRICING FOR THE PURCHASE OF MICROSOFT SOFTWARE, LICENSES AND MAINTENANCE Mr. Barnes introduced the item. He said that this is the Authorization to Award a Three Year Contract to CDW Government, Inc. (CDW-G) in the amount of $128,417.95 per year, for the purchase of Microsoft Licensing and Maintenance. Mr. De La Vega explained that this is our annual Microsoft software licensing and maintenance contract that was set to expire March 31, 2021. Mr. Silliman and his team negotiated with Microsoft to get the proposed price and they are seeking authorization to enter into a three Village of Wellington Page 1 Village Council Workshop Action Summary - Final March 22, 2021 year agreement for a total cost $385,253.85. He said that last year's expenditures were $114,000, so it would be about a $14,000 increase that could mostly be attributed to cyber security and licensing changes. Mayor Gerwig asked if could get it any longer and cut the price of it. Mr. Silliman stated that staff did try that, but the Microsoft agreement is only for three years. He said that with this, they lock in the pricing for the next three years. The increase is mostly due to cyber security and they were able to change out some licensing that they offered, specifically for emails. Mayor Gerwig stated that the Village has a tough system now, but figures with how the times are now, that is what we are stuck with. Mr. Silliman said that unfortunately with all the daily news of all the cyber attacks, heists, etc., this is the way it is going forward. Staff is trying to keep everyone safe, secure and not in the news. D. 20-4165 AUTHORIZATION TO CONTINUE UTILIZING A SOUTHEAST FLORIDA COOPERATIVE CONTRACT FOR THE PURCHASE AND DELIVERY OF SODIUM HYDROXIDE Mr. Barnes introduced the item. He said that this is the Authorization to continue utilizing a Southeast Florida Cooperative Contract with Allied Universal Corporation, as a basis for pricing, for the Purchase and Delivery of Sodium Hydroxide in the amount of approximately $85,000 annually. Ms. LaRocque explained that this is a cooperative that is used by 15 agencies for sodium hydroxide, which they use at the water plant and the wastewater plant. She said that annual maximum is $85,000 and there is a $.10 reduction in this price for the contract renewal. This is one of our critical chemicals. E. 20-4167 AUTHORIZATION TO NEGOTIATE A CONTRACT FOR THE CONSTRUCTION OF TOWN CENTER PHASE II Mr. Barnes introduced the item. He said that this is the Authorization to Negotiate a Contract with Kaufman Lynn Construction, Inc., for the construction of Town Center Phase II. Mr. De La Vega explained that they released a RFQ on January 3, 2021 seeking Construction Manager At Risk firms interested in doing the work for the Town Center Phase II Project. He said that on February 3, 2021, they received proposals from five different firms. The selection committee met, scored and short-listed the top three firms, which were in Village of Wellington Page 2 Village Council Workshop Action Summary - Final March 22, 2021 order: Burkhardt Construction, Kaufman Lynn Construction and Weitz Company. He said that they scheduled interviews and presentations with each of the firms. On March 4, 2021, they held those presentations. They re-scored and re-ranked and the committee is recommending negotiating a contract with the highest ranked proposer, Kaufman Lynn Construction. He mentioned that Kaufman Lynn is the current contractor at the Wellington High School and they are the ones doing the fields. He said that the project over there is slated to be completed ahead of schedule and on budget. He said that this item is just the negotiation. Once they are able to negotiate a contract, they will bring it back to Council for approval of an award. Mayor Gerwig stated that it was good that the Village already has a relationship with them and that the CMAR requires a lot more coordination. Mr. Barnes stated that was correct. F. 20-4242 AUTHORIZATION TO AWARD A CONTRACT FOR THE WELLINGTON TRACE/C-3 CANAL CULVERT REPLACEMENT PROJECT Mr. Barnes introduced the item. He said that this is the Authorization to Award a Contract for the Wellington Trace/C-3 Canal Culvert Replacement Project to DBF Construction, LLC. in the amount of $348,470.60. Mr. De La Vega mentioned that Mr. Reinsvold has a brief Powerpoint to present. He explained that this was a sealed bid/ low bid. DBF Construction was the low bidder at $348,470.60. He said they were just recently awarded the C24 Project and their references were excellent. Their references were from Plantation, Lantana, Pompano Beach, and Oakland Park. Mr. Reinsvold presented the Powerpoint. He discussed the location of the proposed project and reviewed the scope of the project. He gave an overview of the layout of the project. Mr. Reinsvold said that it is a simple project, but is part of the Acme Improvement District R & R Ten Year Plan. He discussed the benefits of the project and the cost estimate. The cost estimate includes a $53,111.60 contingency. Regarding the construction, pending Council approval at the next meeting on March 23, 2021, they could finalize a contract on April 16, 2021 and begin construction on May 3, 2021 with substantial completion date of August 2, 2021. Mayor Gerwig stated that this is the exact site that a resident has requested for traffic calming to be installed. She said that we are doing a $350,000 project right where they have asked us to do a traffic calming Village of Wellington Page 3 Village Council Workshop Action Summary - Final March 22, 2021 and asked if there was anything about this project that staff should re-think. Mr. Barnes stated that when staff looked at this project before as a possible location for a roundabout to be done at the same time as the culvert replacement, they determined that the location would not really address the issue per se that the resident is bringing up regarding speeding. Mayor Gerwig said that she does not feel that roundabouts make that much difference in this situation either, but suggested a raised table. Mr. Reinsvold stated that they are looking at options right now in that area. He said that they currently have the speed indicators out and he has pulled the data off of those that day. He said that there is a certain speeding issue coming from the west side, not so much coming eastbound. It is coming in from the equestrian area into Town. Mr. Barnes stated that the interesting thing is that the speed is actually faster coming from the east in terms of the posted speed. He said that what slows people down coming from the east is the traffic signal, so unless they are "gunning it" right after the signal it is slower. He said that you can look at speed tables or speed humps from the past. What they have found in the past is the noise that comes from those traffic control measures with adjacent residential makes it a trade off and they get complaints then about noise. Mayor Gerwig stated that it is pretty loud when a trailer comes over it because it changes the elevation. Councilman Napoleone said that they will have a lot of trailers at this spot because of what is coming through there. Mayor Gerwig asked how much of an elevated speed they were finding through there. Mr. Reinsvold stated that on the westbound side, the area where "horse country" comes into the neighborhood, it was about 37 miles per hour, which was the 85th percentile. Coming from the eastbound side into the neighborhood, it was about 32 miles per hour. Mr. Barnes asked what the posted speed is coming out of the equestrian area. Mr. Reinsvold stated that it is 35 mph down to 25 mph. Village of Wellington Page 4 Village Council Workshop Action Summary - Final March 22, 2021 Mr. Barnes commented that it is only 2 miles over the speed limit they are just exiting. Mayor Gerwig said that she thought it was 30 mph in that area. Mr. Reinsvold stated that it is 35 mph, if he is not mistaken. Mayor Gerwig suggested lowering that limit in that area. She said that the Village has to figure something out if we are doing a culvert in that exact area with this situation. She suggested possibly using a paver section with something over it, where you do feel a different texture. Councilman Napoleone asked if that would slow anyone down. Mayor Gerwig said that she did not know, but she has a lot of compassion for the resident considering she has experienced the same thing. Councilman Napoleone suggested that if they go for visual deterrents, they could get the same from the flashing signs that says you are speeding. Mr. Reinsvold stated that the first option was to put the high visibility flashing lights. He said what they have not done is check the speed after the lights. He said that they would have to set up a traffic study to get a data point after the flashing lights to see if that is affecting traffic or not. He said that they do not know at this point. Councilman Drahos asked where they were specifically testing the speed. Mr. Barnes stated that out that way there is a new sign that is flashing red and blue. It flashes if you are going over speed. He said that it is picking up speeds at the sign. It just is not known how that affects traffic afterwards. Councilman McGovern stated that would be an important thing to know. He asked where the sign is. Mr. Reinsvold stated it is in the canal right of way. Councilman Drahos stated that one would think that it would have some deterring effect, but a resident is still complaining. Village of Wellington Page 5 Village Council Workshop Action Summary - Final March 22, 2021 Mayor Gerwig stated that they are begging for a solution. She said that if they are doing this large construction project, they should take a look at how to remedy this. Mr. Reinsvold stated that they do not believe that the roundabout is the greatest idea. They have seen the raised tables on Paddock and it is noisy, people run over them fast and once they get used to them they are not really a deterrent. He said that he would like to see what is going on with the speeds after the flashing lights to make a determination of what they should do moving forward. He said that they can present that at a later date. Councilman McGovern asked if Mr. Reinsvold was telling them that the flashing light was having a desired effect of having people down to 37 mph from a posted speed of 35 mph. Mr. Reinsvold replied correct. Councilman McGovern stated that there is nothing there that is going to provide a solution for the homeowners in that stretch, if they are dissatisfied with the speed limit as it is. We have gotten them down on the speed limit and the only thing left is to lower the speed limit as your only option. Mr. Reinsvold stated that the sign is actually altering the driver that they are coming into a 25 mph zone. The part we do not know is how fast they are going after that sign and whether they slow down to the 25 or stay consistent. Councilman McGovern stated that he feels we should test that before we get to this project and see where we are after they go through there. Mayor Gerwig asked if they have looked into chicanes without a roundabout, as a visual jog in the road. Mr. Reinsvold stated that he had not, but he knows there is not enough right of way to do anything more than a slight "S" Turn. He said that he does not think it would help. Mr. Barnes stated that there is not a lot of room with the lanes there in either direction. He said that the other issue is that these limits were forced, instead of having the 85th percentile data demonstrate the appropriate speed in that area to be 25 mph. He said that this is what happens when you force correct speeds in an area, it does not justify it. Village of Wellington Page 6 Village Council Workshop Action Summary - Final March 22, 2021 Mayor Gerwig stated that she thought there was a 30 mph speed limit in the Equestrian Preserve area. Mr. Reinsvold stated that there are areas in the preserve that are 30, 35 and 25 mph. Mayor Gerwig stated that she did not mean to get them off track, but she could not help but think that if we are to do something there, now would be the time to address that issue as well. Mr. Barnes stated that we have time to look at what the final pavement section looks like, but they should understand that the only pavement that will be impacted will be within the limits of this culvert right a way crossing. If there were any improvements that would be east or west of it, it would not necessarily even be tied to the project. He said that they can certainly look within the limits of the project to see if there is anything that they can propose there. Mr. Reinsvold stated that it is a 20 foot section that would be affected. G. 20-4271 AUTHORIZATION TO PURCHASE GOODS AND SERVICES FOR THE GREENBRIAR PARK PROJECT Mr. Barnes introduced the item. He said that this is the Authorization to Purchase Goods and Services, from various vendors for the Greenbriar Park Project at a cost of approximately $86,094. Mr. De La Vega reminded Council that in October 2020, they approved a resolution authorizing the Mayor to enter into an agreement with Florida Department of Environmental Protection for a grant of $50,000 for this project. He explained that they have decided instead of bidding out this project, they used different methods of procurement for each one of the components of the project. This is including new volleyball courts, soccer fields, picnic facilities and landscaping. All the different components equal the $86,094, which they feel is a very good price. He said that they believe they would easily be over $100,000 had they used their existing Village of Wellington contracts. Staff thinks this was the best avenue for getting the best price. He said that they are seeking to receive authorization for the $86,094, of which $50,000 is covered by a grant. He presented a slide that indicated the location of the proposed volleyball courts and other proposed items. Councilman McGovern stated the Village getting all of that for $36,000 and getting the grant is tremendous. Mayor Gerwig asked if it was correct that the fields were not lit. Village of Wellington Page 7 Village Council Workshop Action Summary - Final March 22, 2021 Mr. Barnes stated that was correct. Mayor Gerwig asked if we were proposing to light them. Mr. Barnes stated that we were not. Councilman Drahos asked what the open play field will be used for. Mr. De La Vega stated that it would be used for unmanaged open play. Mr. Barnes stated that it could be used as a gathering place, playing frisbee or to have a picnic. It would be unmanaged use. Mayor Gerwig asked if the trees will be removed. Mr. Wagner informed the Council that the trees will remain. Mayor Gerwig asked if staff has noticed a problem with kids driving through there and drifting on that dirt road in that park. Mr. Wagner stated he has not. H. 20-4339 AUTHORIZATION TO EXECUTE A CHANGE ORDER FOR THE PAINTING OF THE ODOR CONTROL PIPING AND TOWERS AT THE WASTEWATER TREATMENT PLANT Mr. Barnes introduced the item. He said that this is the Authorization to Execute a Change Order with Wharton Smith LLC. for the painting of the Odor Control Piping and Towers at the Water Reclamation Facility in the amount of $171,512.00. Ms. LaRocque presented a picture of what is proposed to be painted. She explained that this is a contract change order for Wharton Smith LLC. She said that they are the contractors for the Village's replacement and renewal project and they are getting very close to the end of the project. She stated that they are hoping to be finalizing the project in June or July. Ms. LaRocque said that the painting of the odor control systems and the associated duct work were not in the contract. These are all fiberglass structures and they are very large. She presented another picture of the duct work where the fiberglass is starting to delaminate. She said that once that happens, it is very costly to repair or replace. She mentioned that now is the time to paint these facilities and extend the life another 10 to 15 years. Ms. LaRocque indicated that staff received a good price from the painter that is already on site for $171,512. She said that this is work that they were going to do on another project, but she felt that it was more appropriate to do it now, given the level of deterioration staff is seeing on the fiberglass. She said Village of Wellington Page 8 Village Council Workshop Action Summary - Final March 22, 2021 that she recommends approval of the change order. Councilman Napoleone asked if it is just painting or something else to be done to the fiberglass. Ms. LaRocque said that they will clean it and take off the loose painting. She said that they call it "painting", but it is really industrial coating application. It is a very aggressive atmosphere from the hydrogen sulfide. The entire facility will have been coated at the end of this contract, which starts them off at ground 0 for another 10 years. Councilman McGovern mentioned that this is more than just standard painting. Ms. LaRocque said that is correct and that it is industrial coating. She said that any coating product is as good as the surface preparation and the material. She said that this is at least three to four months of work to do all of this. It is a significant amount of work. Mayor Gerwig asked if we do not do it, will we see more deterioration. Ms. LaRocque said that she is worried about critical failures that will cause us to spend a lot more money to replace the fiberglass. I. 20-4338 RESOLUTION NO. R2021-12 (TUTTLE ROYALE DEDICATIONS OF EASEMENTS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING THE MAYOR, CLERK AND UTILITIES DIRECTOR TO ACCEPT THE DEDICATIONS OF EASEMENTS ON THE PLAT FOR TUTTLE ROYALE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. He said that this is the Authorization for the Mayor, Clerk and Utilities Director to accept the Dedications of Easements on the Plat for the Tuttle Royale Development. Ms. LaRocque explained that Tuttle Royale is not in the Village municipal service area, but it is in the utility service area. She said that they provide water and wastewater to this area. It is a very large and intensive project. This agenda item gives her the authority to sign the plat to accept the dedications for water and sewer facilities. She presented a Powerpoint that exhibits the current master plan of the project. She said that they have been working on this for as long as she has been here, but feels that they are very close to pulling the trigger. She mentioned that Pod #1 has 392 multi-family units. Overall, this project has over 1,531 multi-family units, 100 single family homes, 426,000 square feet of commercial space and 87,000 square feet of school space. It is a very Village of Wellington Page 9 Village Council Workshop Action Summary - Final March 22, 2021 large project for the utility and they are trying to get out ahead of it from an improvement standpoint. They have broken ground on Ericka Boulevard. The traffic light is at 441 and Ericka Boulevard goes all the way through, past Lowes and across from Home Depot, where there will be a lighted intersection. She said that is really the trigger for the rest of the development and the developer is very anxious to move forward. She mentioned that she has two development agreements that she will be bringing to Council in the next couple of months for reservation of capacity fees, almost to the tune of $6 million of purchase capacity. This plat is the next step for the developer to then go on to Royal Palm Beach to get his plat approved to allow them to give approval to issue his permits. From a utility standpoint, they are ready to issue some permits, we are entering into developer agreements once they bring them to Council, and starting to receive capacity fees. Mayor Gerwig asked if both Wellington and Royal Palm Beach have to sign the plat. Ms. LaRocque stated that Royal Palm Beach will be approving the plat and Wellington only accepts the dedications of the easements. Councilman Drahos asked how many apartment units will there be in total. Ms. LaRocque stated that it was 1,531 apartments. J. 20-4337 RESOLUTION NO. R2021-13 (PINE TREE WATER CONTROL DISTRICT CONFLICT RESOLUTION) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL INVOKING THE CONFLICT RESOLUTION PROCEDURES SET FORTH IN CHAPTER 164, FLORIDA STATUTES PRIOR TO INITIATING COURT PROCEEDINGS, IN AN EFFORT TO RESOLVE A DISPUTE WITH PINE TREE WATER CONTROL DISTRICT RELATING TO NON-AD VALOREM ASSESSMENTS AND MAINTENANCE TAXES LEVIED AGAINST WELLINGTON-OWNED PROPERTY LOCATED WITHIN THE PINE TREE WATER CONTROL DISTRICT BOUNDARIES; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. He said that this is the Approval of Resolution No. R2021-13 invoking the Conflict Resolution Procedures set forth in Chapter 164 of the Florida Statutes to attempt to resolve a dispute with Pine Tree Water Control District relating to Non-ad Valorem Assessments and Maintenance Taxes. Ms. Cohen reminded the Council that we have been being assessed by the Pine Tree Water Control District for special assessments for the Village of Wellington Page 10 Village Council Workshop Action Summary - Final March 22, 2021 years 2017-2020. We have sent a demand letter to require them to no longer assess us. She said that this resolution is necessary in order to begin the process of having a conversation with their board and the Village Council to try to resolve the dispute. There are statutory requirements that follow this, which will be initiated once the resolution is adopted. She said that they are asking for the Council to adopt the resolution and then they can begin the statutory process for attempting to resolve the disputes. Councilman McGovern asked if we still have had no contact from them. Ms. Cohen stated there has been no contact from them. Mayor Gerwig said that this is how we move forward. Councilman McGovern asked how they will receive this versus how they got the letter that Ms. Cohen sent. Ms. Cohen stated that they will send a certified letter to all of the addresses that we have, including the PO Box of their official address as well as the President with a copy to their Counsel. She said that he came in as the litigation attorney during the litigation regarding the roadways. She said that she believes since that time, he has become their district attorney. Councilman McGovern asked if we will be contacting their board members at their homes. Ms. Cohen stated that they would be contacted by certified mail. It will go to the PO Box which is listed as their official address and the address of the registered agent. Mayor Gerwig asked if since they are a governmental agency, they are required to do this with the Village. Ms. Cohen stated yes. She said that they are required to participate by the statutes. K. 20-4269 ORDINANCE NO. 2021-06 WELLINGTON GREEN CPA AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING AN AMENDMENT TO THE FUTURE LAND USE MAP (FLUM) OF WELLINGTON’S COMPREHENSIVE PLAN, (PETITION NUMBER 2020-0001-CPA), TO MODIFY THE LAND USE DESIGNATION FOR TRACT W-5 (CONSERVATION), TOTALING 17.62 ACRES, MORE OR LESS, AND THE LAND USE DESIGNATION FOR Village of Wellington Page 11 Village Council Workshop Action Summary - Final March 22, 2021 POD B (RESIDENTIAL F), TOTALING 25.96 ACRES, MORE OR LESS, TO REGIONAL COMMERCIAL/LARGE SCALE MIXED USE (RC/LSMU); TO DELETE THE MAP NOTATION FOR PROPERTIES DESIGNATED LSMU; TO DELETE THE SITE SPECIFIC TABLE THAT INDICATES THE MINIMUM AND MAXIMUM ACREAGE THRESHOLDS FOR EACH USE TYPE FOR THE SUBJECT SITE, KNOWN AS WELLINGTON GREEN, TOTALING 456.30 ACRES, MORE OR LESS, LOCATED ON THE SOUTHWEST CORNER OF STATE ROAD 7 AND FOREST HILL BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the next two items. He said that the first is the Approval of Ordinance No. 2021-06, a Comprehensive Plan Amendment (CPA) and then the next item would be Approval of Ordinance No. 2021-07, a Development Order Amendment (DOA). Mr. Stillings mentioned that they would like to present both of these items in the same presentation. He explained that they are two privately initiated applications by Wellington Green Property Owners Association. He mentioned that the Association will also have a presentation after staff's presentation. He presented a Powerpoint that indicated where the site was located. He explained that the first item is the Comprehensive Plan Amendment and it has three parts. 1) Amend the FLUM to illustrate Wellington Green as LSMU with Tract W-5 and Pod B; 2) Delete site specific land use table for Wellington Green LSMU that indicates the minimum/maximum acreage thresholds for uses; and 3) Delete LSMU (general) map notation. The second item is for the DOA Rezoning that includes two parts. 1) Delete all (original) site specific conditions of approval as part of the rezoning adopted by Palm Beach County and 2) Amend zoning map to illustrate the PUD and MUPD for the overall Wellington Green project. He said that they would go into much more detail on the specifics of the request at the next meeting as well as their recommendations. Councilman McGovern stated that it would be more helpful if they did a little of that at this meeting. He said that they have all met with him and went over to totality of the votes. He asked Mr. Stillings to explain exactly what the significance is of the two items and what they are doing. Mr. Stillings said that starting with the Comprehensive Plan amendment, the first will be amending the land use parcels for Tract W-5 and Pod B. Currently, Tract W-5 has a Conservation land use on it and Pod B has a Residential F land use on it. What they have found in their research is that those land uses may not have been applied appropriately by the Village. Village of Wellington Page 12 Village Council Workshop Action Summary - Final March 22, 2021 Councilman McGovern asked what part of the Village and by what action of the Village. Mr. Stillings stated that it just appeared on the map and then in subsequent years, we just adopted that map change with no ordinance specifically modifying the land use for those parcels. Councilman McGovern asked what he meant by adopted it. Mr. Stillings said that in adopting an ordinance for other land use changes, we referenced the entire land use map. In doing that, it reflected this. Councilman McGovern asked if this is why it requires a vote versus just changing it back. Mr. Stillings said yes. He said unfortunately, because we have memorialized it over the course of many years, the only way we can correct the issue or restore it to what it should be is through the public process. Mayor Gerwig stated that there was not a legislative action that changed that map. She asked if that was what he was saying. Mr. Stillings stated that there was no specific legislative change. The property owner did not request it and the property owner was not notified, but in our adoption of the map by the Village over the course of time and on multiple occasions. Councilman McGovern said he would like to know when those multiple occasions occurred. He said he would like to see those times when we adopted this changed map. Mr. Stillings stated that in their packet, there is a list of every land use change and every Comprehensive Plan amendment since its' inception. Ms. Cohen stated that it was page 533 in their packet. Mr. Stillings said that 2004 is around when it first appeared. He mentioned that prior to 2011, the management rules effectively limited the number of amendments a community could make, which was two rounds per year. Every land use amendment would have been lumped into one of those rounds. So, in 2004, there would have been an 04-1 and 04-2. Somewhere in the communication with DCA, in the 04-1 round, is when the Residential F appeared on the map. Sub Village of Wellington Page 13 Village Council Workshop Action Summary - Final March 22, 2021 Sequentially, in one of the 2006 rounds, both the Residential F and the Conservation appeared on the map. There is no specific ordinance that was adopted for these particular properties. Councilman Napoleone asked if that meant there was no Council intent to change the designation on these maps, they just got changed and then adopted as changed. Mr. Stillings stated that was correct. Councilman Napoleone said that they continually got adopted as changed and now they have to go back and undo it by Council vote to make it consistent with the entire footprint. Mr. Stillings stated that was correct. He said that when it came before Council in 2019, it came forward as a Comprehensive Plan change for a portion of W5 and that is when he challenged whether or not he needed to even do that. That is how they ended up here. Mayor Gerwig asked when he challenged whether or not he needed to do that, was that when the historical study done. Mr. Stillings said yes and not only did they find there was a Land Use Map issue, but they have these conditions that were tied to the Wellington Green approval at the Land Use level and at the Zoning level. Mayor Gerwig asked why that was improper. Mr. Stillings stated that it was not improper. It is that the Master Plan has been amended multiple times since its' inception and these conditions have not been updated along with the amendments to the Master Plan. He said that staff recommends eliminating the conditions on the zoning and focus on the conditions on the Master Plan. Mayor Gerwig asked if changing the future land use or the land use on the Comprehensive Plan does not take away the Conservation Easement. Mr. Stillings stated that it does not affect the easement as the easement is with South Florida Water Management District and is identified on the Master Plan as "Wetlands Buffer" which would not change without a subsequent consideration for a Master Plan change by the Council. Councilman Napoleone stated that there are five wetland buffers on the map. He asked if this is the only one that has a Conservation designation Village of Wellington Page 14 Village Council Workshop Action Summary - Final March 22, 2021 attached to it. Mr. Stillings stated that was correct. Councilman Napoleone said that they cannot do anything to them, regardless of what they do without coming to Council and getting a vote. Councilman McGovern asked if they were to do anything on any of the five wetland buffers, they would have to come to Council. He asked why does it matter if the conservation portion is there or not there. Mr. Stillings said that you could not consider a change to the Master Plan to anything but the wetland buffer with a Conservation land use on it. You would be considering something that was inconsistent with the land use. He said that has to be modified first for any future considerations. Councilman McGovern asked why it had to be done first instead of right at that time. Mr. Stillings stated that the land use is an ordinance requiring two readings and the Master Plan is a resolution only requiring one reading. The Comp Plan would need to be considered first and then the Master Plan would be considered. The Master Plan would not be effective until the 31 day appeal period would expire. He said that you could not take action until the second reading of the Land use consideration. Mayor Gerwig asked if we have any knowledge of why the other four areas were not designated with this one. Mr. Stillings said that there has been some debate on perhaps it is because they are smaller. He said that without understanding if there was an intentional change or having a specific ordinance making that change, they question whether they all should have been designated conservation. Olympia has several conservation areas within its development that are only identified on the master plan, not the land use as they are listed as one overall land use for the entire development. Mayor Gerwig stated that this does seem to be an anomaly. Mr. Stillings said that not to suggest it should not be designated, but in the way it appears on the map, if they feel it should be designated that way, then the Village should first restore it and then with the property owner's consent or initiation, return it back. Councilman McGovern asked if in 15 years, no one has ever brought this Village of Wellington Page 15 Village Council Workshop Action Summary - Final March 22, 2021 up. Mr. Stillings said that the property owner could speak for himself, but he does not feel that they paid that close of attention because it was not a property they were actively pursuing for any interest, other than their commitment to the Conservation easement with the District. He said that it was not until Brefrank looked to develop a portion of W5 and W3, that they were made knowledgeable that they would need a map amendment. Upon some of their research is where they realized it was a little deeper than that. Councilman McGovern asked if they grant them the change as what was recommended, does it entitle the Wellington Green Association or Brefrank to do anything at all. Mr. Stillings stated no it would not. The only thing it would do is afford them the ability to ask Council for the Master Plan modification to a portion of W5. He said that otherwise it does not give them any additional entitlements, does not approve a development and does not change anything on the ground. The LSMU land use was intended to be a mixed use land use, providing for multiple uses, almost as an overlay land use. Mayor Gerwig stated that all these properties should have been in that, the same way we are not doing anything that changes Pod B. She said that they are not considering doing anything to change Pod B as that is still Residential F, but it will still be part of that LSMU for the whole site. Mr. Stillings stated that was correct. He said that the number of units for that pod have been approved through the Master Plan. Councilman Napoleone asked if at one time the area in the rectangle with the notch taken out of it, was at one time all LSMU until someone made a change to these two areas, which should not have been done. He said that making that change does not give any rights or take away any rights, it is just a map change that should not have been done initially. He said that putting it all as LSMU, everything that is preserve stays preserve and everything developed stays developed and if you want to change anything, they have to come back to Council for a vote. Mr. Stillings stated that was correct. Councilman Napoleone asked if there would be any reason why they would be doing this change independent of an application asking us to actually develop something. He wanted to know why this would not wait Village of Wellington Page 16 Village Council Workshop Action Summary - Final March 22, 2021 until a landowner had an application to do something on the property versus doing it now to make this change and they may or may not come back with an application to develop any of this property. Mr. Stillings stated that up until recently they did have an application for the portion of W5 as a multi-family development. In the last week, they requested that the application be put on hold. He said that it was companion to this request, although, you would not take that portion into consideration until the second reading for adoption of the land use and zoning changes. Mayor Gerwig stated that they will get into it more from him, staff and the applicant at the next meeting. Mr. Stillings stated they do have more background in the presentation on the build up to where we are today. Councilman Napoleone stated that odds are they may do this twice. He said that at the next meeting they may go into a map change without any accompanying request to develop it and then at some point down the road they may have this hearing again because a developer may want to start taking out trees or build something. They will have the same arguments as to why they should preserve the trees. Councilman Drahos stated they will not move forward unless they change it and that is an option they need to consider. Councilman Napoleone stated that they are not making a change, they are fixing an error. They are putting it back to the way it was always supposed to be and always had been before someone made a change on a map and got picked up and carried along the years. Councilman McGovern asked for an explanation about the conditions. Mr. Stillings explained that the overall project of Wellington Green was a development of regional impact and as a part of that, there were various levels of conditions. The development of regional impact went through a review process involving Treasure Coast Regional Council and included Palm Beach County, FDOT, FDEP and every state agency that is involved in development. Each one of these agencies had regional conditions that were required and then there was the land use, zoning and the Master Plan. There were basically four layers of development approvals. The land use simply had the minimum and maximum uses, so it was the threshold for the uses. That chart with the minimum and maximum acreage was repeated in the zoning approval and again in the Village of Wellington Page 17 Village Council Workshop Action Summary - Final March 22, 2021 Master Plan approval. In the zoning, the developmental order had all of the local conditions from the Palm Beach County decisions in the cases of signage requirements, sidewalks and any of the local project details. When the Village was incorporated, after a few years, all the regional conditions were satisfied and they were left with just the local conditions. In the Master Plan, they have amended all the local conditions over a number of years, but have not amended the zoning conditions to be consistent. He said that instead of working backwards to clean those up, it was recommended to just stick with the Master Plan as the regulating document. He mentioned that there was a comparison provided in the packet of documents that was given to Council on page 531. It shows the comparison between the condition numbering within the zoning and the condition numbering within the Master Plan. He said that anywhere it says it has been deleted, that was a regional condition that was satisfied. All the conditions of the project still remain intact. He said that by deleting from the zoning, they eliminate unnecessary redundancy. He said that they work from the Master Plan. He said that because the Master Plan mirrors all the other layers, it does not change any of the entitlements. It does not increase, decrease or modify what can or cannot be on the project site. It was seen as a clean up to see what has been on the Master Plan. Mayor Gerwig asked why it is better to be on the Master Plan instead of the Zoning and not the other way around. Mr. Stillings stated that is generally what they try to achieve because the Master Plan is the document they mostly focus on. He said that even the map notation that they are recommending be deleted says where the uses will be on the site will be detailed within the Master Plan. Mayor Gerwig stated that even the zoning refers to the Master Plan. Mr. Stillings said yes. Councilman McGovern asked why is redundancy here a bad thing. Mr. Stillings stated that he was not suggesting it is bad. He just said that in his opinion, it is a better practice to focus on the Master Plan. Mayor Gerwig stated that the documents are showing the Council columns of the Zoning Conditions and the current conditions from the Master Plan. She asked what happens when they conflict. She asked which one overrules the other. Mr. Stillings stated that they do not necessarily conflict. He pointed out Village of Wellington Page 18 Village Council Workshop Action Summary - Final March 22, 2021 that there is a section that says "Amended, yes". This section shows it has been amended on through the Master Plan and not under the zoning conditions. Mayor Gerwig stated that in column A2-A3, the Master Plan got amended to what A3 stands for and the zoning never was. She said that seems as if it would be a conflict. Mr. Stillings stated that it is inconsistent, but not necessarily a conflict. He said that it may have refined the condition even further, but not put it in conflict with the zoning condition. Councilman McGovern asked if making this change entitles no entity to do anything whatsoever. Mr. Stillings stated that it does not approve any development or any use of the parcels within Wellington Green in any different way than they currently are or as represented on the Master Plan. Councilman McGovern asked if they could clear land, remove trees or do anything with this change. Mr. Stillings said that with this change they could not. L. 20-4270 ORDINANCE NO. 2021-07 (WELLINGTON GREEN DOA) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A DEVELOPMENT ORDER AMENDMENT (PETITION NUMBER 2020-0001-DOA) TO MODIFY THE OFFICIAL ZONING MAP OF WELLINGTON FOR CERTAIN PROPERTIES, KNOWN AS WELLINGTON GREEN, TOTALING 456.30 ACRES, MORE OR LESS, LOCATED ON THE SOUTHWEST CORNER OF STATE ROAD 7 AND FOREST HILL BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN, TO ILLUSTRATE THE ONE (1) PLANNED UNIT DEVELOPMENT (PUD) AND SEVEN (7) MULTIPLE USE PLANNED DEVELOPMENTS (MUPD) AS ESTABLISHED; TO DELETE ALL CONDITIONS OF APPROVAL THAT WERE ORIGINALLY ADOPTED AS PART OF THE REZONING BY PALM BEACH COUNTY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. This item was discussed as a part of the previous item. 4. WORKSHOP A. 20-4328 SR-7 CORRIDOR - MALL AT WELLINGTON GREEN ANALYSIS - Village of Wellington Page 19 Village Council Workshop Action Summary - Final March 22, 2021 PHASE 1 Mr. Barnes introduced the item. He said that this is the Discussion of The Treasure Coast Regional Planning Council (TCRPC) Completion of Phase 1 of a 3 Phase Report for the SR-7 Corridor - Mall at Wellington Green Analysis - Entitled Existing Conditions. He said that Mr. Dana Little, Urban Design Director, Treasure Coast Regional Planning Council (TCRPC) was present to provide a brief presentation. Mr. Little gave his presentation where he discussed the history of when they started with the study of the Village in 2019 with the goal to create a market study to understand where Wellington is in their region and how to leverage some of their best assets. He mentioned that they entered into the interlocal agreement in July 2020 and conducted market oriented interviews in October 2020 and November 2020. The draft market study was submitted in January 2021 and the final was submitted after staff review in February 2021. He explained the three phases. Phase 1 was completing the due diligence, document review, market-oriented stakeholder interviews, demographic and economic profile and the real estate market conditions. In Phase 2, they will be doing community and staff-oriented stakeholder interviews, market/development potentials, recommended implementation strategies and site-specific design concepts. He said that in the beginning, they were not sure and still really are not sure how the economy is going to do in order to go forward. The idea is that at the end of each phase, if there is not a degree of certainty that they could move forward, then they would pause the project. He said that they have had a number of projects pause because of the pandemic. In Phase 3, they will do the economic impact analysis, revise and refine conceptual designs and recommendations, and draft and final reports and review. Mr. Little discussed the highlights from Phase 1. He discussed the population in comparison to a handful of surrounding communities within Palm Beach County. The next items discussed were housing and retail sales. Councilman Drahos asked how much of the retail sales category include items purchased through internet sales, such as Amazon. Mr. Little stated that this category of retail was just including the ground retail. Councilman Drahos asked if the "going outside of Wellington" meant to other brick and mortar stores outside of Wellington. Mr. Little said that was correct as that was his understanding. He said that they could get a confirmation of that once his colleagues join the meeting by Zoom. He introduced Tom Moriarty and Tom Lavash who Village of Wellington Page 20 Village Council Workshop Action Summary - Final March 22, 2021 were participating in the meeting via Zoom. Mr. Lavash explained that the number represented just sales in brick and mortar stores. He said that internet sales would be completely separate. He mentioned that with the topic of population, if Wellington continues to grow at the sustained pace of 1% per year, that would translate into 14,000 new residents over the next 20 years. Mr. Little stated that the next highlight category in Phase 1 was employment. He said that the Village's share of County-wide jobs has increased. He explained the table of employment types and trends. Mr. Lavash mentioned that the rate of growth in that table is 5%, which is an extraordinary rate of growth. Mr. Little discussed the jobs to population ratio in comparison to the rest of the County. The next highlight was medical office. He said that there has been a negative net absorption in the medical office buildings, which surprised them. Councilman Drahos asked if that included Joe DiMaggio Children's Hospital. Mr. Little stated that these were standalone buildings. Mayor Gerwig suggested that it was the Palomino Park building that was listed. Mr. Little said that these were ones that went back to the 1980's and those that were older had the lowest amount of absorption. Mayor Gerwig mentioned that some of the buildings started out medical and are not anymore and vice versa. Mr. Lavash mentioned that 3/4 of the medical buildings listed actually had medical tenants. Mayor Gerwig asked if they could find that Joe DiMaggio site on the list because that is a significant site and that would make a significant difference. Mr. Lavash stated that if it was a building that had hospital beds, then it would not be in the list. Mayor Gerwig stated that it did not and had been built in the last couple Village of Wellington Page 21 Village Council Workshop Action Summary - Final March 22, 2021 of years. Mr. Lavash said he would check with their source, Co-Star, which is a national database of commercial property information. He said that they will be sure to add that. Councilman Drahos mentioned that the Alzheimer's Research Building is a medical building that was also just built a couple years ago and is not on the list. Councilman McGovern mentioned that the Cleveland Clinic is not included as well. Mr. Lavash stated that it could be a result of Co-Star not having the information due to the owner of the properties not turning in that information to them. Mr. Little said that they will go back over it with staff to make sure they have included all properties that apply. Mayor Gerwig said that she would guess that if that information was represented correctly, then the readings in red would not be there. Mr. Lavash said that they typically would include all new properties and all those that are soon to be entitled. Mayor Gerwig stated that we really have seen growth in that market from our perspective and seems to be taking over retail spaces. Mr. Little stated that we really need to get correct numbers on what is actually happening. He moved on to the next highlight from Phase 1, which is Lodging. He discussed the annual occupancy levels and monthly marketing performance of the area hotels. The next highlights of Phase 1 are Developments and Comparables. He said that although some of it is hard to hear, it needs to be heard. He said that Wellington has some amazing opportunities to change things into something else. Mr. Moriarty stated that something that came up in the interviews was that Wellington needed more "things to do." This would include recreational, entertainment, and community places for gatherings. These all reinforce the notion for a more urban place. He said that another thing they heard is that there are a number of nice restaurants here in Wellington and if you live here, most likely you have been to all of them. They want more choices and options. Village of Wellington Page 22 Village Council Workshop Action Summary - Final March 22, 2021 Mr. Little stated that none of this is a critique, it is just that they were pointing out that there is no "downtown." He mentioned that they are hoping to get through Phase 2 by the end of August. He said that then he will be coming back to the Council with what some of the market potentials are, implementation strategies and the design concepts. B. 20-4329 UPDATE ON ILLEGAL MANURE DUMPING Mr. Barnes introduced the item. He said that this was an Update on Illegal Manure Dumping. He said that Mr. O'Dell and Captain Silva would be giving an update on some of the issues they are trying to address pro-actively. Captain Silva introduced Agent Warner who works in the Village, District 8. He is part of the Street Crimes Unit. He continued on to explain that there had been a shift in dynamics in the hauling of manure and disposal in February. The US Sugar site stopped receiving the manure. He said that there was also a dumping on 190th and 60th Street, on the border of unincorporated West Palm Beach and West Palm Beach in which there was an investigation. He said that those two issues prompted them to call a meeting. They got together with Mike O'Dell, Ryan Harding, their law enforcement counterparts in Loxahatchee Groves and the Village's code enforcement. They talked about what could be going wrong and what potentially could go wrong. Agent Warner explained that they had to analyze if it was a rapid problem or just something that happened to occur. He said that with the dumping in West Palm Beach, it was near a canal. There was concern with water contamination and contamination of the food that was growing around there. He said that they performed surveillance in which they did not interrupt any business by stopping every truck. Agent Warner stated that they did surveillance on 110 trucks to see what was the percentage of compliance. He said that he was happy to say that everyone was in compliance according to State statutes. He informed Council that there was once instance where a hauler dumped on private property at the request of the landowner for their own agricultural needs. He said that incident was up to the particular municipality whether they wanted to prohibit that. Mayor Gerwig asked whose ordinance was violated. Agent Warner stated that it was the County's. The dumping was in unincorporated Loxahatchee, or the Acreage. He said that they have identified that this is not a widespread problem. Mayor Gerwig asked where it was going. Village of Wellington Page 23 Village Council Workshop Action Summary - Final March 22, 2021 Agent Warner stated that the vast majority of it is going to Almira, which is between Wellington and Belle Glade. He said that it is an approved dumping site. He mentioned that a lot went to the Solid Waste Authority located on Jog Road. Mayor Gerwig asked what happens when it is dumped in Almira. Mr. O'Dell stated that they have a composting permit from the State of Florida. This process will continue through the month of March. Captain Silva mentioned that there are still four sites, according to the Village of Wellington permitting. He said that they will continue doing the surveillance to ensure compliance. He said that they will be reporting to the proper entities if there are violations. Councilman McGovern asked if there was any trend in the 11 citations. Agent Warner stated that a lot of the violations they found were not major errors. Some did not have the proper stickers and they were not actually citations. Mr. O'Dell stated that he feels that the reason we are not seeing a lot of issues is because we have a lot of eyes on the properties. He said that they did a lot to get the word out quickly. 5. ATTORNEY'S COMMENTS None. 6. MANAGER COMMENTS None. 7. COUNCIL COMMENTS None. 8. ADJOURN There being no further business to discuss with Council, the meeting adjourned at 6:17 pm. Village of Wellington Page 24