Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, January 28, 2014 7:00 PM Village Hall Village Council Bob Margolis, Mayor John Greene, Vice Mayor Matt Willhite, Councilman Howard K. Coates Jr., Councilman Anne Gerwig, Councilwoman Village Council Action Summary - Final January 28, 2014 1. CALL TO ORDER Mayor Margolis called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Cub Scout Pack #125 led the Pledge of Allegiance. 3. INVOCATION Pastor Danny Sapp, The Pentecostals of the Palm Beaches, Wellington Ward, delivered the Invocation. At this time, Brad Stockwell, Committee Chair for Cub Scout Pack #129 sponsored by St. Peters United Methodist Mens Group, along with other leaders and members of the Pack, challenged the Mayor to participate in the Akela Division of the Pinewood Derby. Mayor Margolis accepted the challenge. The Troop also challenged Captain Jay Hart, Palm Beach County Sheriff's Office as well as Chief Mike Arena, Palm Beach County Fire Rescue to participate in the Derby. Captain Hart and Chief Arena also accepted the challenge. 4. APPROVAL OF AGENDA Mr. Schofield presented the agenda for approval noting one request: Move Regular Agenda item 8A: Resolution No. R2014-09 (Elimination of Fluoridation of Wellington's Public Drinking Water to item 8D because of the anticipated length of that discussion. A motion was made by Councilman Willhite, seconded by Councilman Greene, and unanimously passed (5-0) approving the Agenda as presented. 5. PRESENTATIONS AND PROCLAMATIONS A. 13-0441 PRESENTATION BY REPRESENTATIVE MARK PAFFORD OF THE UPCOMING LEGISLATIVE SESSION Mr. Schofield introduced the agenda item. Representative Mark Pafford gave a presentation to Council regarding the upcoming Legislative Session. B. 14-32 PRESENTATION BY THE SCHOOL BOARD OF PALM BEACH COUNTY AND WELLINGTON PUBLIC SCHOOL PRINCIPALS HONORING COUNCIL AND THE EDUCATION COMMITTEE FOR THEIR COMMITMENT TO EDUCATION Mr. Schofield presented the agenda item. Members of the School Board and Wellington Principals presented a plaque to the Village Council in appreciation for reinstituting the Educational Grant Program. They also presented a plaque to Wellington's Education Committee Village of Wellington Page 1 Village Council Action Summary - Final January 28, 2014 also as a token of their appreciation for their work on the grants. C. 13-0450 PALM BEACH COUNTY SHERIFF’S OFFICE DISTRICT 8 FY13 ANNUAL REPORT PRESENTATION Mr. Schofield introduced the Agenda item. Captain Jay Hart presented the Annual Report for Palm Beach County Sheriff's Office District 8. 6. CONSENT AGENDA Mr. Schofield presented the Consent Agenda recommending approval as presented. A motion was made by Councilwoman Gerwig, seconded by Councilman Greene, and unanimously passed (5-0) approving the Consent Agenda as presented. A. 13-0315 AUTHORIZATION TO AWARD CONTRACTS TO VARIOUS VENDORS FOR SUPPLY, DELIVERY, AND INSTALLATION OF LANDSCAPE MATERIALS This item was approved on Consent. B. 13-0337 AUTHORIZATION TO RENEW CONTRACTS FOR MOTOR AND PUMP REPAIR SERVICES This item was approved on Consent. C. 13-0448 AUTHORIZATION TO UTILIZE EXISTING CONTRACTS FOR VARIOUS PUBLIC WORKS PROJECTS This item was approved on Consent. D. 14-04 RESOLUTION NO. R2014-06 (DROWNING PREVENTION COALITION “BUCKS” CERTIFICATE PROGRAM) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE DROWNING PREVENTION COALITION OF PALM BEACH COUNTY TO PROVIDE FOR VOUCHERS FOR FREE SWIMMING LESSONS UNDER THE “BUCK” PROGRAM FOR FISCAL YEAR 2013-2014; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. 7. PUBLIC HEARINGS A. 14-73 ORDINANCE NO. 2014-02 (RETAIL SALE OF DOGS AND CATS/PROHIBITION OF PUPPY AND KITTEN MILLS) Village of Wellington Page 2 Village Council Action Summary - Final January 28, 2014 AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES BY CREATING A NEW SECTION 14-2, ENTITLED “RETAIL SALE OF DOGS AND CATS/PROHIBITION OF PUPPY AND KITTEN MILLS”; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item noting that this was the second reading of the ordinance. Ms. Rodriguez read the ordinance by title. Ms. Laurie Cohen presented the item and noted the changes that were made from the First Reading. A motion was made by Councilman Greene, seconded by Councilwoman Gerwig, and unanimously passed (5-0) approving Ordinance No. 2014-02 on second reading as revised. B. 13-0437 ORDINANCE NO. 2013-12 (VILLAGE HALL COMPREHENSIVE PLAN AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING THE FUTURE LAND USE MAP IN THE VILLAGE OF WELLINGTON COMPREHENSIVE PLAN CHANGING THE FUTURE LAND USE DESIGNATION OF CERTAIN PARCEL KNOWN AS VILLAGE HALL, TOTALING 5.11 ACRES, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF FOREST HILL BOULEVARD AND WELLINGTON TRACE, AS MORE SPECIFICALLY DESCRIBED HEREIN, FROM RESIDENTIAL E (5.01 DU/AC – 8.0 DU/AC) TO INSTITUTIONAL/PUBLIC FACILITIES/UTILITIES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the ordinance by title. Mr. Stillings presented the item. A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, and unanimously passed (5-0) approving Ordinance No. 2013-12 on First Reading as presented. C. 14-56 ORDINANCE NO. 2014-01 (UPDATED TRAVEL AND TRAINING REIMBURSEMENT POLICY AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING CHAPTER 2 “ADMINISTRATION” DIVISION 3 “REIMBURSEMENT FOR TRAVEL AND TRAINING” OF THE CODE OF ORDINANCES OF THE VILLAGE OF WELLINGTON; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield presented the agenda item. Ms. Rodriguez read the ordinance by Village of Wellington Page 3 Village Council Action Summary - Final January 28, 2014 title. Mr. Schofield explained the item. A motion was made by Councilwoman Gerwig, seconded by Vice Mayor Coates, and unanimously passed (5-0) approving Ordinance No. 2014-01 on Second Reading as amended. 8. REGULAR AGENDA A. 13-0443 AUTHORIZATION TO AWARD A CONTRACT FOR LOBBYING SERVICES Mr. Schofield introduced the agenda item. Ms. Cohen presented this item outlining the changes. A motion was made by Councilwoman Gerwig, seconded by Councilman Greene, authorizing the award of contract for Lobbying Services to Ramba Consulting Group with the understanding the contract will be through Ramba Law Group, which provides the insurance coverage on the vehicle and airplanes, and clause from specific motor vehicles to "all modes of transportation"; and that the Washington Lobbyist was excluded from carrying any of the requirements for Florida insurance. B. 14-29 REQUEST FOR PAYMENT OF LEGAL EXPENSES INCURRED BY MAYOR BOB MARGOLIS RELATING TO ETHICS COMPLAINTS Mr. Schofield introduced the agenda item. Ms. Cohen presented the item. Mayor Margolis had recused himself from this item and had left the dais. A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig and unanimously passed (4-0) to approve reimbursement for Mayor Margolis' ethics complaints in the amount of $20,835.69. C. 14-30 REQUEST FOR PAYMENT OF LEGAL EXPENSES INCURRED BY COUNCILMAN JOHN GREENE RELATING TO ETHICS COMPLAINTS Mr. Schofield introduced the agenda item. Councilwoman Cohen presented the item. A motion was made by Councilman Willhite, seconded by Vice Mayor Coates, and unanimously passed (4-0) to approve reimbursement to Councilman Greene's attorney in the amount of $1,304.43 D. 14-48 RESOLUTION NO. R2014-09 ELIMINATING FLUORIDATION OF WELLINGTON’S PUBLIC DRINKING WATER SUPPLY AND REMOVING EXISTING FLUORIDATION FACILITIES A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ELIMINATING FLUORIDATION OF WELLINGTON’S PUBLIC DRINKING WATER SUPPLY AND REMOVING FLUORIDATION FACILTIES; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Mr. Riebe presented. Village of Wellington Page 4 Village Council Action Summary - Final January 28, 2014 A motion was made by Councilman Willhite, seconded by Vice Mayor Coates, and passed (3-2), with Mayor Margolis and Councilwoman Gerwig dissenting, to support Resolution No. R2014-09 Eliminating Fluoridation of Wellington’s Public Drinking Water Supply and Removing Existing Fluoridation Facilities. 9. PUBLIC FORUM 10. ATTORNEY'S REPORT Ms. Cohen presented the following report: 1. She announced that Mr. Riedi and Mr. Lehtinen left Tew Cardenas and formed their own firm. She said that they have requested that the Village execute a Stipulation for Substitution of Counsel to transfer the files that Mr. Riedi was handling at Tew Cardenas over the new law firm. Council consensus was to take the action requested by Mr. Riedi. 2. Ms. Cohen explained two lawsuits that had been filed by Palm Beach Polo: (1) Claim for damages related to removal of the debris that was illegally dumped at the Birkdale site which will be defended by the FLOC as it relates to damages; and (2) Request for Easement by Necessity where Palm Beach Polo is seeking both a statutory and common law stays of necessity claiming that their North Course is landlocked. Ms. Cohen noted that she will defend the Village in this lawsuit. 11. MANAGER'S REPORTS Mr. Schofield presented the following report: 1. The next Regular Council meeting is scheduled for Tuesday, February 11, 2014 at 7:00 p.m. in the Council Chambers. 2. He would be attending the Florida Association of Special Districts meeting at the end of the week; and next week he would be attending the Florida City and County Managers Association Winter Meeting. Mr. Barnes will be the Acting Administrator. 12. COUNCIL REPORTS Councilwoman Gerwig presented the following report: 1. She requested that Representative Pafford and Senator Abruzzo be invited to provide a legislative update at the close of the legislative session. Vice Mayor Coates presented the following report: 1. He expressed his thanks to Representative Pafford for his presentation since he had failed to do so earlier in the meeting. 2. He noted that he had previously stated that he did not want to see emails from the other Councilmembers and had requested that the IT Department make that change; however, he was still receiving them. Mr. Schofield will have IT reset his emails. Councilman Willhite presented the following report: 1. He noted that he sits on the MPO board and they are looking at long range plans and funding for the County's transportation. He requested that Council provide him with a list of projects they would like to see on the list. He noted that an urban interchange is planned for Forest Hill Blvd and 441 which he would not like to see. Mr. Schofield recommended that Council provide him Village of Wellington Page 5 Village Council Action Summary - Final January 28, 2014 with their lists and he will incorporate them into one list. Councilman Willhite said that he will ask the Executive Director to send a memo on this that will be distributed to Council. 2. He asked Mr. Schofield for a status update on the Bridle paths on Pierson Road. Mr. Schofield indicated that he will send that out in an Administrative Transmittal. 3. He suggested that Council convene a Charter Review Ad Hoc Committee whereby each Councilmember would appoint one member. He indicated his appointee would be Ken Adams who was the original Chair of the Charter Review Committee. Council consensus was for Mr. Schofield to begin working on the formation of that Committee. Councilman Greene presented the following report: 1. He reported that he was independently trying to assemble a group of equestrian experts to look at the Village Charter and Master Plan from the equestrian side to bring people together from both sides, with the interest of promoting and protecting the equestrian lifestyle; however, he supported forming a Charter Review Committee. 2. He spoke about the Canvassing Board noting that he believed Council had the authority to establish a policy that would ensure election results were audited prior to certification. He asked if staff could research it and find out if that could be done since it is contracted out. 3. Councilman Greene indicated it was a long night as they had covered a number of broad topics and issues important to the community. He knew many people in Wellington felt other items may have been neglected, because Council had been focused on one or two main issues. He stated the people were part of this process and saw the different debates and outcomes, so he believed they were being well represented. He thought the professionalism came together tonight, as the issues were discussed in a way the people of this community deserved. He thanked his colleagues on Council for that. Mayor Margolis presented the following report: 1. Mayor Margolis stated that he spent this past weekend reviewing every agenda regarding code enforcement since 2006 to see what happened to repeat violators. He found that a number of people continually asked for continuances, and some were from one to five years ago. In addition, when the fine certification was done, these same people did not pay their fines. He indicated he was having staff research what happened when the violators did not pay their fines, and he wondered if the fines continued to accrue. 13. ADJOURNMENT NOTICE Village of Wellington Page 6