Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, December 10, 2013 7:00 PM Village Hall Village Council Bob Margolis, Mayor Howard K. Coates Jr., Vice Mayor Matt Willhite, Councilman Anne Gerwig, Councilwoman John Greene, Councilman Village Council Action Summary - Final December 10, 2013 1. CALL TO ORDER Mayor Margolis called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Members of the Wellington Landings Middle School Championship Girls Softball Team led the Pledge of Allegiance. 3. INVOCATION Rev. Rainer Richter, St. Peter's United Methodist Church, delivered the Invocation. 4. APPROVAL OF AGENDA Mr. Schofield recommended approval of the Agenda with the following changes: (1) Move Consent item 6F: Resolution No. R2013-28 (Southfields Parcel B-D Easement Vacation Abandonment) to the Regular Agenda as item 8D as requested by a Councilmember; and (2) when they reached items 8B and 8C, he would be recommending that those items be postponed and they seek additional opinions from the Attorney General and an attorney specializing in election law. Vice Mayor Coates requested to reserve his right to hear 8B and 8C as one item if they were heard. Mayor Margolis and Councilman Greene left the dais during the discussion of VIce Mayor Coates' request to hear items 8B and 8C as one item. A motion was made by Vice Mayor Coates, seconded by Councilman Willhite, and unanimously passed (3-0) approving the agenda with the following amendments: (1) Move Consent item 6F: Resolution No. R2013-28 (Southfields Parcel B-D Easement Vacation Abandonment) to the Regular Agenda as item 8D; and (2) Items 8B and 8C would be heard as one item. 5. PRESENTATIONS AND PROCLAMATIONS A. 13-0436 PROCLAMATION RECOGNIZING THE WELLINGTON LANDINGS MIDDLE SCHOOL GIRLS SOFTBALL TEAM FOR THEIR PALM BEACH COUNTY MIDDLE SCHOOL SOFTBALL CHAMPIONSHIP WIN Mr. Schofield introduced the agenda item. Ms. Rodriguez read the Proclamation. Members of the Village Council presented the coaches and members of the Wellington Landings Middle School Girls Softball Team with proclamations recognizing them on their championship win. 6. CONSENT AGENDA Village of Wellington Page 1 Village Council Action Summary - Final December 10, 2013 A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, and unanimously passed (5-0) to open the Public Comment. There being no public comments, a motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, and unanimously passed (5-0) to close the Public Comment. Mr. Schofield presented the Consent Agenda recommending approval as amended. A motion was made by Councilman Willhite, sesconded by Vice Mayor Coates, and unanimously passed (5-0) approving the Consent Agenda as amended. 13-0427 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF OCTOBER 8, 2013, OCTOBER 22, 2013 AND OCTOBER 24, 2013 (CONTINUATION OF OCTOBER 22, 2013 MEETING) Approved on Consent B. 13-0311 RENEWAL OF A CONTRACT WITH PROCESS CONTROL CONSULTANTS, INC. FOR MAINTENANCE AND MODIFICATION OF COMPUTERIZED PROCESS CONTROL SYSTEMS FOR THE UTILITY DEPARTMENT Approved on Consent. C. 13-0326 TROPOS SOLE SOURCE MAINTENANCE AND SUPPORT AGREEMENT Approved on Consent. D. 13-0329 AGREEMENT FOR THE PURCHASE OF WATER METERS AND COMPONENTS Approved on Consent. E. 13-0429 AUTHORIZATION TO ISSUE A TASK ORDER FOR PROFESSIONAL SERVICES TO UPDATE THE CONTOUR MAPS FOR WELLINGTON Approved on Consent. G. 13-0376 LAND DONATION OF TRACT “A” OF THE CASA NELLA FORESTA SUBDIVISION (REPLAT NO. 1) Approved on Consent. H. 13-0434 RESOLUTION NO. R2013-80 (LOCAL BILL CORRECTING SCRIVENER’S ERROR IN LEGAL DESCRIPTION OF 2012-256, LAWS OF FLORIDA) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL SUPPORTING A LOCAL BILL CORRECTING SCRIVENER’S Village of Wellington Page 2 Village Council Action Summary - Final December 10, 2013 ERRORS IN THE LEGAL DESCRIPTION IN 2012-256, LAWS OF FLORIDA WHICH TRANSFERRED JURISDICTION OF CERTAIN LANDS REFERRED TO AS THE WELLINGTON MEDICAL ARTS DISTRICT; REQUESTING THE SUPPORT OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION IN PASSING THE BILL; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. AC2013-08: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ACME IMPROVEMENT DISTRICT NOTICING ITS INTENT TO SUBMIT A LOCAL BILL CORRECTING SCRIVENER’S ERRORS IN THE LEGAL DESCRIPTION IN 2012-256, LAWS OF FLORIDA WHICH TRANSFERRED JURISDICTION OF CERTAIN LANDS REFERRED TO AS THE WELLINGTON MEDICAL ARTS DISTRICT; AUTHORIZING THE DISTRICT ADMINISTRATOR AND ATTORNEY FOR THE DISTRICT TO DO ALL THINGS NECESSARY TO PRESENT THE LEGISLATION TO THE LOCAL DELEGATION AND THE LEGISLATION; AUTHORIZING THE PRESIDENT AND SECRETARY TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO SUPPORT THE PROPOSED LEGISLATION; REQUESTING THE SUPPORT OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION IN PASSING THE PROPOSED LOCAL BILL; AND PROVIDING AN EFFECTIVE DATE Both resolutions were approved on Consent. PUBLIC HEARINGS A. 13-0416 INTENT TO CONTINUE USING THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR WELLINGTON, FLORIDA AND ACME IMPROVEMENT DISTRICT (a) RESOLUTION NO. R2013-79: A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL EXPRESSING THE INTENT OF WELLINGTON TO CONTINUE TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS AS AUTHORIZED AND PERMITTED BY SECTION 197.3632, FLORIDA STATUTES; EXPRESSING THE NEED FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS AND SETTING FORTH THE LEGAL DESCRIPTION OF THE REAL PROPERTY WITHIN THE WELLINGTON’S JURISDICTIONAL BOUNDARIES THAT MAY OR SHALL BE SUBJECT TO THE LEVY OF WELLINGTON NON-AD VALOREM ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. (b) RESOLUTION NO. AC2013-07: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ACME IMPROVEMENT DISTRICT EXPRESSING THE INTENT OF THE DISTRICT TO CONTINUE TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS AS AUTHORIZED AND PERMITTED BY SECTION 197.3632, FLORIDA STATUTES; EXPRESSING THE NEED FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS Village of Wellington Page 3 Village Council Action Summary - Final December 10, 2013 AND SETTING FORTH THE LEGAL DESCRIPTION OF THE REAL PROPERTY WITHIN THE DISTRICT’S JURISDICTIONAL BOUNDARIES THAT MAY OR SHALL BE SUBJECT TO THE LEVY OF DISTRICT NON-AD VALOREM ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda items. Ms. Rodriguez read the resolutions by title. Mr. Schofield noted that the resolutions would require separate motions. A motion was made by Councilman Willhite, seconded by Vice Mayor Coates, and unanimously passed (5-0) to open the Public Hearing. There being no public comments, a motion was made by Councilman Willhite, seconded by Vice Mayor Coates, and unanimously passed (5-0) to close the Public Hearing. (a) RESOLUTION NO. R2013-79: A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL EXPRESSING THE INTENT OF WELLINGTON TO CONTINUE TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS AS AUTHORIZED AND PERMITTED BY SECTION 197.3632, FLORIDA STATUTES; EXPRESSING THE NEED FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS AND SETTING FORTH THE LEGAL DESCRIPTION OF THE REAL PROPERTY WITHIN THE WELLINGTON’S JURISDICTIONAL BOUNDARIES THAT MAY OR SHALL BE SUBJECT TO THE LEVY OF WELLINGTON NON-AD VALOREM ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, and unanimously passed (5-0) approving Resolution No. R2013-79 as presented. b) RESOLUTION NO. AC2013-07: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ACME IMPROVEMENT DISTRICT EXPRESSING THE INTENT OF THE DISTRICT TO CONTINUE TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS AS AUTHORIZED AND PERMITTED BY SECTION 197.3632, FLORIDA STATUTES; EXPRESSING THE NEED FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS AND SETTING FORTH THE LEGAL DESCRIPTION OF THE REAL PROPERTY WITHIN THE DISTRICT’S JURISDICTIONAL BOUNDARIES THAT MAY OR SHALL BE SUBJECT TO THE LEVY OF DISTRICT NON-AD VALOREM ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, and unanimously passed (5-0) approving Resolution No. AC2013-07 as presented. Village of Wellington Page 4 Village Council Action Summary - Final December 10, 2013 8. REGULAR AGENDA A. 13-0435 DIRECTION ON THE ACQUISITION OF THE LAKE WELLINGTON PROFESSIONAL CENTER LOCATED AT 12230 FOREST HILL BOULEVARD Mr. Schofield introduced the agenda item. A motion was made by Councilman Willhite, seconded by Councilman Greene, and unanimously passed (5-0) directing staff to move forward with acquiring the parcel of property known as "The Wellington Professional Center", to negotiate the contract with an attempt to close by the end of December 31, 2013, and reserve the right to hold a special meeting of the Village Council to discuss any further contract negotiations that may be needed in order to proceed with the acquistion of the property. Mr. Schofield will work with Ms. Adler to coordinate Council's schedules for a special meeting. B. 13-0372 REQUEST FOR PAYMENT OF LEGAL FEES INCURRED BY MAYOR ROBERT MARGOLIS RELATING TO ELECTION PROTEST C. 13-0432 REQUEST FOR PAYMENT OF LEGAL FEES INCURRED BY COUNCILMAN JOHN GREENE RELATING TO ELECTION PROTEST Both item 8B and 8C were heard together. Mr. Schofield introduced the agenda item. Mayor Margolis and Councilman Greene recused themselves and left the dais. A motion was made by Councilwoman Gerwig requesting an opinion from the Attorney General and the State Ethics Committee prior to any decision being made on the request for the payment of legal fees incurred by Mayor Margolis and Councilman Greene. The motion died for a lack of a second. A motion was made by Councilman Willhite, seconded by Vice Mayor Coates, and passed (2-1) with Councilwoman Gerwig dissenting, that under the supervision of Wellington's Legal Department an opinion will be obtained from a private election attorney as well as an opinion from the Attorney General's Office regarding the Village's ability to reimburse fees for legal representation for Mayor Margolis and Councilman Greene prior to any decision being made by Council. F. 13-0313 RESOLUTION NO. R2013-28 (SOUTHFIELDS PARCEL B-D EASEMENT VACATION/ABANDONMENT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AND BOARD OF SUPERVISORS OF ACME IMPROVEMENT DISTRICT VACATING 7,466 SQUARE FEET (0.17 ACRE) OF A 12-FOOT WIDE UTILITY EASEMENT BETWEEN PARCELS B AND D WITHIN POD C OF THE WELLINGTON COUNTRY PLACE PLANNED UNIT Village of Wellington Page 5 Village Council Action Summary - Final December 10, 2013 DEVELOPMENT (13056 PIERSON ROAD); AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the resolution by title. A motion was made by Vice Mayor Coates, seconded by Councilwoman Gerwig, and unanimously passed (5-0) aproving Resolution No. R2013-28 as presented. 9. PUBLIC FORUM 10. ATTORNEY'S REPORT Ms. Cohen presented several items: (1) She asked for Council's consideration to extend the Horse Park LOI and exclusive agreement from December 16, 2013 to the first Regular Meeting in January. A motion was made by Vice Mayor Coates, seconded by Councilman Willhite, and unanimously passed (5-0) approving the extension of the Horse Park LOI and exclusive agreement to the first Regular Council meeting in January. (2) Council had discussed at Agenda Review meetings and workshops that the Council would act as the Selection Committee for the Lobbying Services solication; however, staff never received any formal direction. A motion was made by Vice Mayor Coates, seconded by Councilman Willhite, and unanimously passed (5-0) that the Village Council will serve as the Selection Committee for the Lobbyiing Services solicitation. (3) Council had previously discussed the Wellington Historical Society. She wanted to clarify that it was never intended for it to be a Village-run Board, and she wanted to receive confirmation from Council. Council agreed that they did not want it to be a Village-run board and it would operate similar to the Wellington Garden Club. They requested that a contact person or staff liaison be assigned to it. Mr. Schofield indicated that the staff liaision would most likely be someone from the Community Services Dept. 11. MANAGER'S REPORTS Mr. Schofield presented the following report: 1. The next regularly scheduled Council meeting was scheduled for Tuesday, January 14, 2014 at 7:00 p.m. in the Council Chambers. 2. The dedication of the Village Park Gymnasium will be held on Saturday, December 14th at 8:30 a.m. The ceremony will be held outside the entrance leading to the gym. 3. The Amphitheatre schedule is posted on the Village's web site. 4. He wished everyone a Happy Holiday and a Happy, Healthy and Safe New Year. 5. He announced that this was Mr. Bonde's last Council meeting as he was retiring. Mr. Schofield noted that he and Mr. Bonde have worked together at the Village for 10 years and have been friends much longer than that. He will Village of Wellington Page 6 Village Council Action Summary - Final December 10, 2013 be greatly missed. 12. COUNCIL REPORTS Councilwoman Gerwig presented the following report: 1. She expressed her thanks to Mr. Bonde for his work throughout the years. 2. The Holiday parade was a great event. 3. She wished everyone a good holiday. Vice Mayor Coates presented the following report: 1. He spoke of the parade and thanked everyone who participated,notably the Central Palm Beach County Chamber and the sister communities. He noted that the tree lighting was a good event as well. 2. He extended best wishes to Mr. Bonde on his retirement and praised him for his work. 3. He wished everyone Happy Holidays. Councilman Greene presented the following report: 1. Councilman Greene extended his thanks to Mr. Bonde, praised his work and congratulated him on his reitrement. Councilman Willhite presented the following report: 1. Councilman Willhite expressed his thanks to Mr. Bonde for his work for the Village. 2. He thanked the Central Palm Beach County Chamber for putting on a great parade. He noted that he enjoyed the time change. 3. He invited everyone to come to the Employee Awards Banquet where he believed Mr. Bonde would be recognized. 4. He attended the MPO meeting who reiterated their support for their top agenda priorities with the extension of 441 being one of them. He indicated that the Secretary of the Department of Transportion was there who heard their comments and concerns. He hoped that the Western Communities confirmed their support at their meeting and they move forward. 5. As they discuss the plans for the Wellington Community Center, he thought it might be beneficial to move the rowers to the area behind the Lake Wellington Professioonal Center if the Village purchased that property. 6. Councilman Willhite asked for clarification on Mr Harvey's resignation. He also asked if Mr. Harvey resigned whether Mr. Dickinson's work would also be ending since he was a subcontractor of Mr. Harvey. Mr. Schofield announced that Mr. Harvey gave his 30 days notice and his last effective day is December 30, 2013. With regard to Mr. Dickinson, Mr. Schofield said that his work would also cease which was why it was important for Council to meet on the solicitation of lobbying services. 7. He raised the issue whether people coming to the podium to speak were obligated to announce that they are lobbyists. Mr. Schofield said that he could not answer that question at this time, and Mr. Rogers has been appointed as the Village's Ethics Officer and she would be researching that. 8. He wished everyone a safe and happy holidays and happy and safe New Year. Mayor Margolis presented the following report: 1. Mayor Margolis praised Mr. Bonde for his knowledge, truthfulness and forthrightness. He congratulated him on his retirement and on his daughter's recent marriage. 2. He indicated that he had questioned the water meter contract at the Agenda Village of Wellington Page 7 Village Council Action Summary - Final December 10, 2013 Review meeting. He stated that he had Ms. Adler make a copy of an article he researched "Questioned Raised About Single Vendor for Water Meters" from the City of Saraota which is the piggyback contract that the Village uses in purchasing that. He said that he would share that with Council and asked them to read it at their convenience. 3. He praised the Central Palm Beach County Chamber and Dennis Witkowski for his work on the parade. 4. He thanked staff for all of their hard work. He looked forward to working with Council and having Visioning Sessions in the coming year. 4. Mayor Margolis wished everyone a healthy and happy holiday. 13. ADJOURNMENT NOTICE Village of Wellington Page 8