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Village Council

Regular Meeting

Wellington, FL · September 23, 2014

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Minutes

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, September 23, 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 September 23, 2014 1. CALL TO ORDER Mayor Margolis called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Margolis led the Pledge of Allegiance. 3. INVOCATION Deacon Al Payne, St. Therese de Lisieux, delivered the Invocation. 4. APPROVAL OF AGENDA Mr. Schofield presented the Agenda recommending approval with one amendment: Move Consent item 6B (Valiente Plat) and to the Regular Agenda. He noted that there were people in the audience for that item who did not anticipate it was to be heard, and asked Council if they could hear it immediately after the Consent Agenda. A motion was made by Councilman Coates, seconded by Vice Mayor Greene, and unanimously passed (5-0) approving the Agenda as amended. 5. PRESENTATIONS AND PROCLAMATIONS There were no Presentations or Proclamations. 6. CONSENT AGENDA Mr. Schofield presented the Consent Agenda recommending approval as amended. A motion was made by Councilman Coates, seconded by Vice Mayor Greene, and unanimously passed (5-0) approving the Consent Agenda as amended. A. 14-708 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF AUGUST 12, 2014 This item was approved on Consent. C. 14-410 AUTHORIZATION TO RENEW AN EXISTING CONTRACT FOR ANNUAL LAB ANALYSES This item was approved on Consent. D. 14-440 AUTHORIZATION TO RENEW EXISTING CONTRACTS FOR WATER AND WASTEWATER ENGINEERING AND WATER DISTRIBUTION, WASTEWATER COLLECTION AND PAVING, GRADING AND DRAINAGE ENGINEERING This item was approved on Consent. Village of Wellington Page 1 Village Council Action Summary - Final September 23, 2014 E. 14-581 AUTHORIZATION TO AWARD A CONTRACT FOR PROPANE BI-FUEL CONVERSION SYSTEMS This item was approved on Consent. F. 14-583 AUTHORIZATION TO AWARD A CONTRACT FOR THE WATER TREATMENT PLANT FILTER ENCLOSURE PROJECT This item was approved on Consent. G. 14-622 AUTHORIZATION TO CONTINUE USING AN EXISTING SOUTHEAST FLORIDA COOPERATIVE GROUP CONTRACT WITH LHOIST NORTH AMERICA FOR THE PURCHASE OF QUICKLIME This item was approved on Consent. REGULAR AGENDA ITEM - PREVIOUSLY CONSENT AGENDA ITEM A. 14-593 RESOLUTION NO. R2014-53 (VALIENTE POLO PLAT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, ACCEPTING AND APPROVING THE VALIENTE POLO PLAT FOR A 139.434 ACRE PARCEL LYING IN SECTION 34, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA, BEING A REPLAT OF LOTS 6 THROUGH 16 OF BLOCK A, LOTS 1 THROUGH 8 AND LOTS 16 THROUGH 25 OF BLOCK D, THE WEST 60 FEET OF TRACT A AND A PORTION OF THE WEST 60 FEET OF TRACT B, WELLINGON PRESERVE, AS RECORDED IN PLAT BOOK 100, PAGES 180 THROUGH 186 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 34, TOWNSHIP 44 SOUTH, RANGE 41 EAST. Mr. Schofield introduced the agenda item. Councilman Coates recused himself because one of his partners represents one of the parties and signed the plat. He left the Council Chambers at this point. Mr. Riebe presented the staff report and addressed Council questions. At the point where the discussion on this item went beyond the approval of the plat, Councilwoman Gerwig announced that she would have to recuse herself because her company worked on the gate. She left the Council Chambers at this point. A motion was made by Vice Mayor Greene, seconded by Councilman Willhite, and unanimously passed (3-0) approving Resolution No. R2014-53 as presented. 7. PUBLIC HEARINGS Village of Wellington Page 2 Village Council Action Summary - Final September 23, 2014 A. 14-711 SECOND PUBLIC HEARING ON THE FISCAL YEAR 2014/2015 PROPOSED MILLAGE RATE AND ANNUAL BUDGET FOR WELLINGTON I. RESOLUTION NO. R2014-56 (MILLAGE RATE) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING THE TAX LEVY AND MILLAGE RATE FOR WELLINGTON FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; AND PROVIDING AN EFFECTIVE DATE. II. RESOLUTION NO. R2014-57 (WELLINGTON BUDGET) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING A BUDGET FOR THE VILLAGE OF WELLINGTON FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. He noted that there were two resolutions to be approved (a) millage and (b) budget and a separate motion would be needed for each. Ms. Rodriguez read the resolutions by title. Ms. Quickel presented the agenda item. Ms. Wadleigh was also available to address Council questions. Public Hearing A motion was made by Councilman Willhite, seconded by Councilman Coates, and unanimously passed (5-0) to open the Public Hearing. 1. Mark Hilton. Mr. Hilton requested that Council look at adding an additional person to the Community Services' staff noting that there is presently only one Neighborhood Advocate in the department. There being no further public comments, a motion was made by Vice Mayor Greene, seconded by Councilman Coates, and unanimously passed (5-0) to close the Public Hearing. Resolution No. R2014-57 (Budget) A motion was made by Vice Mayor Greene, seconded by Councilwoman Gerwig, approving Resolution No. R2014-57, approving the budget as amended with a reduction to the Legal Department's budget to reflect an increase of 10% which includes the 2% CPI and 1% merit for the Village Attorney, 8%, which includes the 2% CPI and 1% merit for the Assistant Village Attorney, and the Paralegal will receive the standard 2% CPI and 1% merit. Councilman Coates indicated that he supported the motion, but wanted the record to reflect that he still opposed the 4 day work week. Councilman Willhite voiced his agreement with Councilman Coates. Village of Wellington Page 3 Village Council Action Summary - Final September 23, 2014 Resolution No. R2014-56 (Millage) A motion was made by Councilwoman Gerwig, seconded by Vice Mayor Greene, and unanimously passed (5-0) approving Resolution No. R2014-56 with a millage rate of 2.45 mills. The motion was voted on and was unanimously passed (5-0). Ms. Quickel read the mandatory statement into the record regarding the proposed millage rate. B. 14-655 ORDINANCE NO. 2014-30 (FISCAL YEAR 2014/2015 CAPITAL IMPROVEMENTS ELEMENT UPDATE) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, UPDATING THE WELLINGTON COMPREHENSIVE PLAN BY INCORPORATING THE ANNUAL REVIEW AND REVISIONS TO THE CAPITAL IMPROVEMENTS ELEMENT TO REFLECT THE 2014/2015 THROUGH 2019/2020 FIVE YEAR CAPITAL IMPROVEMENT PLAN FOR LEVEL OF SERVICE PROJECTS; AND UPDATING THE SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE; PROVIDING FOR CONFLICT AND SEVERABILITY; AUTHORIZING THE MANAGER TO UPDATE THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the ordinance by title. Mr. Stillings presented the staff report. Councilwoman Gerwig was not in the Council Chambers at the time this agenda item was heard. Public Hearing A motion was made by Councilman Willhite, seconded by Councilman Coates, and unanimously passed (4-0) to open the Public Hearing. There being no public comments, a motion was made by Councilman Willhite, seconded by Councilman Coates, and unanimously passed (4-0) to close the Public Hearing. A motion was made by Councilman Coates, seconded by Councilman Willhite, and unanimously passed (4-0) approving Ordinance No. 2014-15 on Second Reading as presented. C. 14-657 ORDINANCE NO. 2014-20 (ISLA VERDE COMPREHENSIVE PLAN AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING THE SITE SPECIFIC MIXED USE FUTURE LAND USE Village of Wellington Page 4 Village Council Action Summary - Final September 23, 2014 MAP DESIGNATION (PETITION NUMBER 2013-64 CPA 2) FOR CERTAIN PROPERTY KNOWN AS ISLA VERDE OF WELLINGTON, TOTALING 53.57 ACRES, MORE OR LESS, LOCATED ON THE EAST SIDE OF STATE ROAD 7 AND APPROXIMATELY 1/2 MILE NORTH OF FOREST HILL BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; TO INCREASE THE ALLOWED RESIDENTIAL UNITS FROM 230 TO 350 DWELLING UNITS, UPDATE THE FUTURE LAND USE MAP DESIGNATION TO THE CURRENT MIXED USE (TYPE 1) DESIGNATION AND DESIGNATE THE MAXIMUM DEVELOPMENT THRESHOLD; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the ordinance by title. Council disclosed their Ex-Parte communications. Ms. Cohen administered the Oath to those people who indicated they would be presenting testimony. Mr. Stillings presented a joint staff report for the Comprehensive Plan Amendment and the Rezoning petitions. Mr. Al Malefatto said that he would not give a presentation at this time, but would give one when the Master Plan is presented. Public Hearing A motion was made by Councilman Willhite, seconded by Vice Mayor Greene, 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 Greene and unanimously passed (5-0) to close the public hearing. A motion was made by Vice Mayor Greene, seconded by Councilman Coates, and unanimously passed (5-0) approving Ordinance No. 2014-20 on Second Reading as presented. D. 14-658 ORDINANCE NO. 2014-21 (ISLA VERDE REZONING) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A REZONING (PETITION NUMBER 2013-64 REZ 2) FOR CERTAIN PROPERTY KNOWN AS ISLA VERDE OF WELLINGTON, TOTALING 53.57 ACRES, MORE OR LESS, LOCATED ON THE EAST SIDE OF STATE ROAD 7 AND APPROXIMATELY 1/2 MILE NORTH OF FOREST HILL BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; FROM MULTIPLE USE PLANNED DEVELOPMENT (MUPD) TO MIXED USE PLANNED DEVELOPMENT DISTRICT (MXPD); PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the ordinance Village of Wellington Page 5 Village Council Action Summary - Final September 23, 2014 by title. Council disclosed their Ex-Parte communications. Ms. Cohen administered the Oath to those people who indicated they would be presenting testimony. Mr. Stillings had given a joint staff report when the Comprehensive Plan was presented. Public Hearing A motion was made by Councilman Willhite, seconded by Councilman Coates,a and unanimously passed (5-0) to open the Public Hearing. There being no public comments, a motion was made by Councilman Willhite, seconded by Councilman Coates, and unanimously passed (5-0) to close the Public Hearing. A motion was made by Councilman Coates, seconded by Councilman Willhite, and unanimously passed (5-0) approving Ordinance No. 2014-21 on First Reading as presented. Councilman Willhite questioned why Council had received two recommendations: (1) PZAB; and (2) staff. He asked if that was going to be the normal practice. In response, Mr. Schofield explained that the recommendation from PZAB is the formal recommendation which Council will always receive. On the occasion where staff disagrees with the Board's recommendation, staff will provide Council with their recommendation as well. E. 14-679 ORDINANCE NO. 2014-06 (ARTICLE 6 AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE VILLAGE OF WELLINGTON BY REPEALING ARTICLE 6, CHAPTER 12, TEMPORARY SUSPENSION OF THE PROHIBITION OF THE USE OF TENTS AS STALLS WITHIN CERTAIN AREAS OF THE EQUESTRIAN OVERLAY ZONING DISTRICT; AMENDING ARTICLE 6, CHAPTER 10, SECTION 6.10.9.D “USE OF TENTS AS TEMPORARY STALLS” TO INCLUDE PROVISIONS FOR NATURAL DISASTERS; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER CLAUSE AND PROVIDIING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the ordinance by title. Mr. Stillings presented the staff report. Council discussed this and requested several changes be made to the ordinance: (1) Section 2:D:3a: add lightning as a possible disaster; (2) Section 2D:3f: delete line 25 and revise to read: The temporary tent shall not be allowed more stalls or more square footage than the permanent stable that was deemed uninhabitable."; and (3) Section 2D:3g: add language at the end of sentence: "or upon final inspection. Public Hearing Village of Wellington Page 6 Village Council Action Summary - Final September 23, 2014 A motion was made by Councilman Willhite, seconded by Councilman 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 Councilman Coates to close the Public Hearing. A motion was made by Councilman Willhite, seconded by Councilman Coates approving Ordinance No. 2014-06 as presented on Second Reading with the following amendments:(1) Section 2:D:3a: add lightning as a possible disaster; (2) Section 2D:3f: delete line 25 and revise to read: The temporary tent shall not be allowed more stalls or more square footage than the permanent stable that was deemed uninhabitable."; and (3) Section 2D:3g: add language at the end of sentence: "or upon final inspection. F. 14-680 ORDINANCE NO. 2014-25 (REASONABLE ACCOMMODATION POLICY) AN ORDINANCE OF THE VILLAGE OF WELLINGTON, FLORIDA, AMENDING ARTICLE V OF WELLINGTON’S LAND DEVELOPMENT REGULATIONS BY ADDING CHAPTER 13 “REASONABLE ACCOMMODATION”, SETTING FORTH A PROCEDURE FOR PERSONS WITH DISABILITIES TO REQUEST ACCOMMODATIONS TO VILLAGE OF WELLINGTON RULES, POLICIES, AND PROCEDURES AND ESTABLISHING AN APPEAL PROCESS; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the ordinance by title. Ms Cohen presented the staff report. Public Hearing A motion was made by Councilman Willhite, seconded by Councilman 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 Councilman Coates, and unanimously passed (5-0) to close the Public Hearing. A motion was made by Councilman Coates, seconded by Councilman Willhite approving Ordinance No. 2014-25 on First Reading as presented. Councilman Willhite requested that between first and second reading that Ms. Cohen look at a similar ordinance that Delray Beach has, and to insure that they are comfortable addressing any issues or problems this could create in the State of Florida. Ms. Cohen indicated that she could provide Council with additional background. The motion was voted on and was unanimously passed (5-0). Village of Wellington Page 7 Village Council Action Summary - Final September 23, 2014 8. REGULAR AGENDA B. 14-378 RESOLUTION NO. R2014-31 (PALM BEACH COUNTY SHERIFF’S OFFICE VILLAGE OF WELLINGTON LAW ENFORCEMENT SERVICES PLAN FOR FY15) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING THE LAW ENFORCEMENT SERVICES PLAN FOR FISCAL YEAR 2014-15; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Captain Hart presented the Palm Beach County Sheriff's Office Village of Wellington Law Enforcement Services Plan. A motion was made by Councilman Willhite, seconded by Vice Mayor Greene, and unanimously passed (5-0) approving Resolution No. R2014-31 as presented. C. 14-572 RESOLUTION NO. R2014-45 (PALM BEACH COUNTY SHERIFF’S OFFICE FY2015 BUDGET AND CONTRACT ADDENDUM) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE THE THIRD ADDENDUM TO THE LAW ENFORCEMENT SERVICES AGREEMENT WITH THE PALM BEACH COUNTY SHERIFF’S OFFICE FOR LAW ENFORCEMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Mr. Schofield presented the staff report. A motion was made by Councilman Willhite, seconded by Councilman Coates, and unanimously passed (5-0) approving Resolution No. R2014-45 as presented. D. 14-724 REVIEW AND DISCUSSION OF PERFORMANCE EVALUATIONS A. REVIEW AND DISCUSSION OF PERFORMANCE EVALUATION FOR VILLAGE ATTORNEY. B. REVIEW AND DISCUSSION OF PERFORMANCE EVALUATION FOR VILLAGE MANAGER. Mr. Schofield introduced the agenda item. Mayor Margolis explained that this was an evaluation for the Village Attorney and Village Manager who report directly to Council, and that each member of Council submitted their evaluations. He felt that each Councilmembers perception of the performance of the two employees was correct and unique to Village of Wellington Page 8 Village Council Action Summary - Final September 23, 2014 each of them. Mayor Margolis announced that he would not be sharing his review publicly because they are public record that everyone has the opportunity to view. He did indicate that his evaluation had included opportunity areas that he wanted to work on with Mr. Schofieldl and vice versa. It was his hope that his view of how they should handle the evaluations was shared by his fellow Council members. He pointed out that the evaluations were being done in compliance with the contracts and that Council consensus was that they should be done by second reading of the budget. Councilwoman Gerwig thought that this was the time for conversation amongst the Council members; she thought the discussions were invaluable. She pointed out that there were some comments made by some Councilmembers that she didn't understand and asked if it was appropriate to ask for clarification. Mayor Margolis said that he did not want to question another Council member’s evaluation because they are their own opinions, but she was free to do that. Councilman Willhite felt that the performance evaluations were contractual obligation. He said that a documented evaluation form was brought forward, and that Councilman Coates had suggested they do the evaluations at the last meeting of the fiscal year. He said Council can't set a roadmap for their two employees if they don't identify objectives and goals and areas of improvement. He noted that he submitted his evaluations which are part of the public record. Councilman Willhite said that he was not aware the item was on the agenda until it was published. Councilman Willhite said that Mayor Margolis had indicated he had put it on because he felt that was what the process should be. He had enough respect and conversations with Ms. Cohen and Mr. Schofield so nothing was a secret. Mayor Margolis indicated that he had put placed the item on the agenda because he did not want to discuss it during Council comments and then have the public say they were not given an opportunity to comment. Vice Mayor Greene said he had private conversations with Ms. Cohen and Mr. Schofield and he thought it was clear what his feelings were. He felt it was inappropriate to speak with the Post about his evaluations prior to his speaking with the employees. Councilman Coates felt Council was required to do an evaluation on Ms. Cohen and Mr. Schofield, and thought the public was entitled to know where they stand as a Council with respect to the two employees. He then went on to publicly evaluate Ms. Cohen and Mr. Schofield. With regard to Mr. Schofield he found him to be an outstanding manager who helped to navigate the Village during difficult economic times. He praised him for the Village’s good financial condition; and recognized his insight and diligence in developing budgets. Councilman Coates found Mr. Schofield to always be available to him. On the constructive side, he said he noticed that Mr. Schofield’s opinion has been muted and lost, and he would like him to improve upon that. He said the he would like to receive Mr. Schofield’s complete and unfiltered opinion even if it is one that Council might not want to hear. With regard to goals, he said that Mr. Schofield should continue in the same direction to keep the Village lean and as efficient as possible, and to work on improving his communication with members of Council. Councilman Coates pointed out that Mr. Schofield has done a good job improving the Village’s infrastructure and that he should Village of Wellington Page 9 Village Council Action Summary - Final September 23, 2014 continue doing that. Overall, Councilman Coates found Mr. Schofield to be an excellent Manager who has done a good job over the past six years, and encouraged him to keep up the good work. Councilman Coates then presented his evaluation of Ms. Cohen. He said that he had tremendous respect for her and that she has done a good job transitioning from the private sector as a litigator to coming in and mastering what he considers a general counsel type position. He explained that a litigator is exposed to many different substantive areas which is why she was able to quickly get up to speed. Councilman Coates said that when Ms. Cohen was hired, it was known that on the municipal law side she had not really done that type of law in her private practice. He felt her job knowledge was great and that she has done a good job over the past 18 months to get up to speed on the municipal area. He said she was forthright if she did not know the answer to a Council question. He did not believe that anyone on Council expected her to know all of the answers to all the questions; however, they do expect her to tell them she doesn’t know something rather than for her to give the incorrect information. He praised her for doing a good job in building the Legal Department. He felt they are at the place where he envisioned the development of that department with one attorney, an assistant attorney and a paralegal and he did not anticipate much growth beyond that. Overall, Councilman Coates said that Ms. Cohen has done a good job over the past 18 months, her communication to Council has been good, there is still room for improvement on the municipal side, but she is on the right track. He felt that the Village is in very capable hands with their in-house legal services, and thanked her for the job she has done. Councilwoman Gerwig complimented Vice Mayor Greene on the form that he had developed. She noted that she has a weekly meeting with Mr. Schofield and said that she would like to have a weekly meeting with Ms. Cohen as well which she felt would be very valuable to her. She did not feel that she gets enough information from Ms. Cohen even though Council does receive the updates on the litigation. She said that she felt that everyone should have access to the Manager, and she was concerned when she saw in other reviews that others don’t feel that way. She voiced her appreciation of both Ms. Cohen and Mr. Schofield. She concurred with Councilman Coates that she would like to have their real opinion and input on issues even if they don’t think Council wants to hear it. She stated that she did not have a problem with the evaluations being public. She thought it was fine for the residents to read the evaluations and she welcomed their input. Mayor Margolis reiterated that his evaluations are public, they are his perception and things he needs to work on with Ms. Cohen and Mr. Schofield. He indicated that he was happy that the Council made the decision a number of years ago to make Mr. Schofield the Village Manager. Public Comment Vice Mayor Greene read the following card into the record: 1. Anita Nebb. Ms. Nebb's comments supported Mr. Schofield. The following people spoke: 1. Bart Novack. Mr. Novack questioned whether the Village's Attorney could Village of Wellington Page 10 Village Council Action Summary - Final September 23, 2014 demand a retraction and apology from the Palm Beach Post regarding the erroneous information they printed. 2. Morley Alperstein. Mr. Alperstein spoke in support of Mr. Schofield. 3. Laurene Capone. Ms. Capone spoke in support of Mr. Schofield. 9. PUBLIC FORUM 1. Mr. Tony Fransetta. Mr. Fransetta spoke about the need for Senior Housing and that the previous Council was going to donate land for it. He thought part of K-Park could be dedicated for senior housing. He said he would be available to speak to Council members regarding this. 2. Bart Novack. Mr. Novack did not support selling K-Park and thought a section could be saved for senior housing. He also questioned if the Village could recoup some of the legal fees for some of the litigation. 10. ATTORNEY'S REPORT Ms. Cohen presented the following report: 1. She thanked Council for the evaluations which she found helpful. She was aware that there are some areas that she needed to work on, and she will apply herself to do those things over the next year. She knew it was a difficult decision for Council to make because they are stewards of public funds, but she thanked them for approving the increase in compensation for her and the Assistant Village Attorney. 2. She stated that Palm Beach Polo sued the Village of Wellington for access over the Birkdale site to the North Course. The Village initially filed a motion to dismiss and entered into an agreed order. Palm Beach Polo amended their complaint and the Village filed a Motion to Dismiss the amended complaint. A hearing was scheduled for Friday, September 26th; however, for reasons unknown, the Court cancelled all of the hearings for that date. Ms. Cohen pointed out that Mr. Zink is Palm Beach Polo's representative and her office will be coordinating with his office to reschedule the hearing. 3. Ms. Cohen wished all of the Jewish residents and Mayor Margolis a Happy New Year. 11. MANAGER'S REPORTS Mr. Schofield presented the following report: 1. The next Regular Council Meeting is scheduled for Tuesday, October 14, 2014 at 7:00 p.m. here in the Council Chambers. 2. The Village's Offices will be open for business on Columbus Day, October 13, 2014. 12. COUNCIL REPORTS Councilwoman. Gerwig presented the following report; 1. Councilwoman Gerwig reported that she had attended the Mayors' Literacy Luncheon sponsored by the Literacy Coalition. She noted that this year's book was "Bunny Cakes." She said that she owned a bunny and would like to do some reading at Scott's Place and bring her bunny with her. She welcomed everyone to come out and participate. 2. Although she could not attend the Rotary's World Peace celebration because she was out of town, she was glad that the Village was represented by Village of Wellington Page 11 Village Council Action Summary - Final September 23, 2014 members of Council. She felt that it was a very meaningful ceremony at this time because of what is happening around the world. 3. She noted that her daughter would be celebrating Rosh Hashanah and wished everyone a Happy New Year and Happy Rosh Hashanah. Vice Mayor Greene presented the following report: 1. With regard to the significance of the Peace Pole ceremony, Vice Mayor Greene noted the tragedy that is going on around the world and the lives of the men and women who are making the ultimate sacrifice. 2. He stated that this ended the fiscal year in the Village of Wellington and thanked all of the Village employees who are out working hard every day for the residents of the community. 3. He advised Mr. Fransetta that he will meet with him on the senior housing issue noting that they have previously spoken about aging in place. 4. He noted that the tennis project was underway as he noticed land clearing had begun at the site. 5. VIce Mayor Greene met with Bob Behrens who presented a Scavenger Hunt that is intended to raise money for scholarships and other causes. He encouraged the Council members to meet with him as well. Councilman Willhite presented the following report: 1. Councilman Willhite asked if something could be put together advising everyone of the status of the flood maps. Mr. Schofield said that there is a public comment period that the Village is getting ready to advertise and there will be a series of public meetings. He asked Councilman Willhite if he was willing to do the Public Service Announcement (PSA) on that. Councilman Willhite said that he would be happy to do the PSA, but pointed out that not only do the public comment aspects have to be done, but all considerations have to be implemented before anyone would be imposed with any type of increase. 2. He said Council has been very supportive of the Keely Spinelli Grant. He said that staff indicated that future grant funding would be recommended and that additional guidelines should be established. He asked to see where staff feels additional guidelines are needed. He noted the growth that has occurred in the schools, but he was concerned that they would not be able to meet that expectation next year because some of the gains were astronomical. He wanted to know what was being done to garnish the best results. Mr. Schofield said that Council had a Safe Neighborhoods Workshop scheduled for October 13th and since this is administered from that office, he would insure that Mr. Poag addresses that during the workshop. 3. Councilman Willhite wished all of the Jewish residents a Happy New Year and Rosh Hashanah. 4. He reported that because of bad weather, the 9/11 ceremony was moved to the Community Center. He felt it was a great event which was well attended and the speaker was phenomenal. 5. He thanked staff for their work with the World Peace event that had been held the past Sunday. 6. He voiced his appreciation for the fiscal staff and the conclusion of another Village of Wellington Page 12 Village Council Action Summary - Final September 23, 2014 fiscal year and bring forward another good budget. He hoped that it will be another fruitful year for Wellington. Vice Mayor Coates presented the following report: 1. Vice Mayor Coates wished Mayor Margolis and the members of the Jewish community a Happy Year. 2. He extended special thanks to Tanya Quickel and her staff because he also felt that the budget presentation was exceptionally well done. He felt that the communication of the budget as well as its presentation was a cut above what had been done in past years. 3, He advised staff what the term "Willy Nilly" meant and that when he uses it he means something was done in a haphazard manner. Mayor Margolis presented the following report: 1. He wished a Happy New Year to everyone in the Jewish community. 2. He compared attending a Council meeting to a hockey game where some people come to watch a fight. He commend his fellow Council members noting that there was no more fighting. He felt that they handled the evaluations in a professional manner. He referred to a comment made by the Vice Mayor several months ago about changing the subject and moving on to what is important in the Village. He felt they should focus on things like the report from Captain Hart about the low crime in the Village, that PBSO is doing a good job, and the dollars that are used to increase reading skills because of the Spinelli Grant. He believed that the only way to stop the rumors is to make believe that they don't exist. He said in his heart he believes that if someone calls him, talks to him or gives him an opinion, if he values their opinion, it hits home and is important to him. However, if they are just using the Council and the environment just to throw out some nasty rumors or inuendos, it was just noise to him. Mayor Margolis thought that there would be a number of people to put in their public comment cards regarding their performance evaluations for the Village Attorney and Village Manager; however, they were not there because Council did not give them an opportunity to do that. He said that he didn't get any negative comments about having Chris McLean come here although other Council members had during their election campaign, but he wished they could continue to do that because they have come a long way. He said that Council will continue to have disagreements, but commended them for doing an excellent job that evening noting that they are no longer playing hockey and are changing. 13. ADJOURNMENT There being no further business to come before Council, the meeting was adjourned at 10:10 p.m. Village of Wellington Page 13

Agenda

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Meeting Agenda Tuesday, September 23, 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 Meeting Agenda September 23, 2014 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION Deacon Al Payne, St. Therese de Lisieux catholic Church, Wellington 4. APPROVAL OF AGENDA 5. PRESENTATIONS AND PROCLAMATIONS 6. CONSENT AGENDA A. 14-708 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF AUGUST 12, 2014 Approval of the Minutes of the Regular Wellington Council Meeting of August 12, 2014. B. 14-593 RESOLUTION NO. R2014-53 (VALIENTE POLO PLAT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, ACCEPTING AND APPROVING THE VALIENTE POLO PLAT FOR A 139.434 ACRE PARCEL LYING IN SECTION 34, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA, BEING A REPLAT OF LOTS 6 THROUGH 16 OF BLOCK A, LOTS 1 THROUGH 8 AND LOTS 16 THROUGH 25 OF BLOCK D, THE WEST 60 FEET OF TRACT A AND A PORTION OF THE WEST 60 FEET OF TRACT B, WELLINGON PRESERVE, AS RECORDED IN PLAT BOOK 100, PAGES 180 THROUGH 186 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 34, TOWNSHIP 44 SOUTH, RANGE 41 EAST. Approval of Resolution No. R2014-53 accepting and approving the Valiente Polo Plat. C. 14-410 AUTHORIZATION TO RENEW AN EXISTING CONTRACT FOR ANNUAL LAB ANALYSES Authorization to renew an existing contract for Annual Lab Analyses with Pace Analytical Services, Inc. for approximately $45,000. D. 14-440 AUTHORIZATION TO RENEW EXISTING CONTRACTS FOR WATER AND WASTEWATER ENGINEERING AND WATER DISTRIBUTION, WASTEWATER COLLECTION AND PAVING, GRADING AND DRAINAGE ENGINEERING Authorization to renew existing contracts for water and wastewater engineering and water distribution, wastewater collection and paving, grading and drainage engineering with multiple vendors. Village of Wellington Page 2 Printed on 9/16/2014 Village Council Meeting Agenda September 23, 2014 E. 14-581 AUTHORIZATION TO AWARD A CONTRACT FOR PROPANE BI-FUEL CONVERSION SYSTEMS Authorization to award a contract to EuroAmerican Engineering, LLC, for the purchase, delivery and installation of Propane Bi-fuel Conversion Systems. F. 14-583 AUTHORIZATION TO AWARD A CONTRACT FOR THE WATER TREATMENT PLANT FILTER ENCLOSURE PROJECT Authorization to award a contract to Close Construction, LLC for the construction of a filter enclosure at the Water Treatment Plant in the amount of $304,280.86. G. 14-622 AUTHORIZATION TO CONTINUE USING AN EXISTING SOUTHEAST FLORIDA COOPERATIVE GROUP CONTRACT WITH LHOIST NORTH AMERICA FOR THE PURCHASE OF QUICKLIME Authorization to continue using an existing Southeast Florida Cooperative Group contract with Lhoist North America for the purchase of quicklime. 7. PUBLIC HEARINGS A. 14-711 SECOND PUBLIC HEARING ON THE FISCAL YEAR 2014/2015 PROPOSED MILLAGE RATE AND ANNUAL BUDGET FOR WELLINGTON I. RESOLUTION NO. R2014-56 (MILLAGE RATE) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING THE TAX LEVY AND MILLAGE RATE FOR WELLINGTON FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; AND PROVIDING AN EFFECTIVE DATE. II. RESOLUTION NO. R2014-57 (WELLINGTON BUDGET) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING A BUDGET FOR THE VILLAGE OF WELLINGTON FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; AND PROVIDING FOR AN EFFECTIVE DATE. Approval of the proposed fiscal year 2014/2015 millage rate, operating and capital budget including balances brought forward. This is the second public hearing on the proposed budget and the corresponding ad valorem millage rate in accordance with the Wellington Charter and F.S. Chapter 200.065. Village of Wellington Page 3 Printed on 9/16/2014 Village Council Meeting Agenda September 23, 2014 B. 14-655 ORDINANCE NO. 2014-30 (FISCAL YEAR 2014/2015 CAPITAL IMPROVEMENTS ELEMENT UPDATE) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, UPDATING THE WELLINGTON COMPREHENSIVE PLAN BY INCORPORATING THE ANNUAL REVIEW AND REVISIONS TO THE CAPITAL IMPROVEMENTS ELEMENT TO REFLECT THE 2014/2015 THROUGH 2019/2020 FIVE YEAR CAPITAL IMPROVEMENT PLAN FOR LEVEL OF SERVICE PROJECTS; AND UPDATING THE SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE; PROVIDING FOR CONFLICT AND SEVERABILITY; AUTHORIZING THE MANAGER TO UPDATE THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Approval of Ordinance No. 2014-15 revising the Capital Improvement Element (CIE) Schedule for Level of Service Improvements for Fiscal Years 2014/2015 to 2019/2020 (Table CIE 1) and the School District of Palm Beach County Capital Improvement Schedule (Table CIE 2) located in the Capital Improvement Element of Wellington's Comprehensive Plan. C. 14-657 ORDINANCE NO. 2014-20 (ISLA VERDE COMPREHENSIVE PLAN AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING THE SITE SPECIFIC MIXED USE FUTURE LAND USE MAP DESIGNATION (PETITION NUMBER 2013-64 CPA 2) FOR CERTAIN PROPERTY KNOWN AS ISLA VERDE OF WELLINGTON, TOTALING 53.57 ACRES, MORE OR LESS, LOCATED ON THE EAST SIDE OF STATE ROAD 7 AND APPROXIMATELY 1/2 MILE NORTH OF FOREST HILL BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; TO INCREASE THE ALLOWED RESIDENTIAL UNITS FROM 230 TO 350 DWELLING UNITS, UPDATE THE FUTURE LAND USE MAP DESIGNATION TO THE CURRENT MIXED USE (TYPE 1) DESIGNATION AND DESIGNATE THE MAXIMUM DEVELOPMENT THRESHOLD; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Approval of a Comprehensive Plan Amendment to increase the allowed residential units from 230 to 350 dwelling units, update the future land use map (FLUM) designation to the current Mixed Use Type 1 designation and designate the maximum development threshold. Village of Wellington Page 4 Printed on 9/16/2014 Village Council Meeting Agenda September 23, 2014 D. 14-658 ORDINANCE NO. 2014-21 (ISLA VERDE REZONING) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A REZONING (PETITION NUMBER 2013-64 REZ 2) FOR CERTAIN PROPERTY KNOWN AS ISLA VERDE OF WELLINGTON, TOTALING 53.57 ACRES, MORE OR LESS, LOCATED ON THE EAST SIDE OF STATE ROAD 7 AND APPROXIMATELY 1/2 MILE NORTH OF FOREST HILL BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; FROM MULTIPLE USE PLANNED DEVELOPMENT (MUPD) TO MIXED USE PLANNED DEVELOPMENT DISTRICT (MXPD); PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Approval of Ordinance No. 2014-21, a Rezoning from Multiple Use Planned Development (MUPD) to Mixed Use Planned Development District (MXPD). E. 14-679 ORDINANCE NO. 2014-06 (ARTICLE 6 AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE VILLAGE OF WELLINGTON BY REPEALING ARTICLE 6, CHAPTER 12, TEMPORARY SUSPENSION OF THE PROHIBITION OF THE USE OF TENTS AS STALLS WITHIN CERTAIN AREAS OF THE EQUESTRIAN OVERLAY ZONING DISTRICT; AMENDING ARTICLE 6, CHAPTER 10, SECTION 6.10.9.D “USE OF TENTS AS TEMPORARY STALLS” TO INCLUDE PROVISIONS FOR NATURAL DISASTERS; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER CLAUSE AND PROVIDIING AN EFFECTIVE DATE. Approval on second reading of Ordinance No. 2014-06 repealing Chapter 12 of Article 6 “Temporary Suspension of the Prohibition of the Use of Tents as Stalls within Certain Areas of the Equestrian Overlay Zoning District” and amending Article 6, Chapter 10, Section 6.10.9.D “Use of Tents as Temporary Stalls”. F. 14-680 ORDINANCE NO. 2014-25 (REASONABLE ACCOMMODATION POLICY) AN ORDINANCE OF THE VILLAGE OF WELLINGTON, FLORIDA, AMENDING ARTICLE V OF WELLINGTON’S LAND DEVELOPMENT REGULATIONS BY ADDING CHAPTER 13 “REASONABLE ACCOMMODATION”, SETTING FORTH A PROCEDURE FOR PERSONS WITH DISABILITIES TO REQUEST ACCOMMODATIONS TO VILLAGE OF WELLINGTON RULES, POLICIES, AND PROCEDURES AND ESTABLISHING AN APPEAL PROCESS; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Approval of the Reasonable Accommodation Ordinance No. 2014-25. Village of Wellington Page 5 Printed on 9/16/2014 Village Council Meeting Agenda September 23, 2014 8. REGULAR AGENDA A. 14-378 RESOLUTION NO. R2014-31 (PALM BEACH COUNTY SHERIFF’S OFFICE VILLAGE OF WELLINGTON LAW ENFORCEMENT SERVICES PLAN FOR FY15) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING THE LAW ENFORCEMENT SERVICES PLAN FOR FISCAL YEAR 2014-15; AND PROVIDING AN EFFECTIVE DATE. Approval of the Palm Beach County Sheriff’s Office Village of Wellington Law Enforcement Services Plan for FY15. B. 14-572 RESOLUTION NO. R2014-45 (PALM BEACH COUNTY SHERIFF’S OFFICE FY2015 BUDGET AND CONTRACT ADDENDUM) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE THE THIRD ADDENDUM TO THE LAW ENFORCEMENT SERVICES AGREEMENT WITH THE PALM BEACH COUNTY SHERIFF’S OFFICE FOR LAW ENFORCEMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. Approval of Resolution No. R2014-45 for the Palm Beach County Sheriff’s Office FY2015 budget and contract addendum. C. 14-724 REVIEW AND DISCUSSION OF PERFORMANCE EVALUATIONS A. REVIEW AND DISCUSSION OF PERFORMANCE EVALUATION FOR VILLAGE ATTORNEY. B. REVIEW AND DISCUSSION OF PERFORMANCE EVALUATION FOR VILLAGE MANAGER. Review and discussion of annual performance evaluations for the Village Attorney and Village Manager. 9. PUBLIC FORUM 10. ATTORNEY'S REPORT 11. MANAGER'S REPORTS 12. COUNCIL REPORTS 13. ADJOURNMENT Village of Wellington Page 6 Printed on 9/16/2014 Village Council Meeting Agenda September 23, 2014 NOTICE If a person decides to appeal any decision made by the Village Council with respect to any matter considered at this meeting, you will need a record of the proceedings, and you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (The above notice is required by State Law. Anyone desiring a verbatim transcript shall have the responsibility, at his own cost, to arrange for the transcript). Pursuant to the provision of the Americans With Disabilities Act: any person requiring special accommodations to participate in these meetings, because of a disability or physical impairment, should contact the Village Manager’s Office (561) 791-4000 at least five calendar days prior to the Hearing. Village of Wellington Page 7 Printed on 9/16/2014

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