Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, December 9, 2014 7:00 PM Village Hall Village Council Bob Margolis, Mayor John Greene, Vice Mayor Matt Willhite, Councilman Anne Gerwig, Councilwoman John T. McGovern, Councilman Village Council Action Summary - Final December 9, 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 Mary Beth Rosenbrough, Congregation Young Women Advisor, The Church of Jesus Christ of Latter-day Saints, Wellington Ward, delivered the Invocation. 4. APPROVAL OF AGENDA Mr Schofield presented the agenda recommending approval as presented. A motion was made by Councilman Coates seconded by Vice Mayor Greene, and unanimously passed (5-0) approving the Agenda as presented. 5. PRESENTATIONS AND PROCLAMATIONS There were no presentations and proclamations. 6. CONSENT AGENDA Mr. Schofield presented the Consent Agenda recommending approval as presented. A motion was made by Vice Mayor Greene, seconded by Councilman Coates, and unanimously passed (5-0) approving the Agenda as presented. A. 14-985 MINUTES OF THE OCTOBER 28, 2014 REGULAR WELLINGTON COUNCIL MEETING This item was approved on Consent. B. 14-828 AUTHORIZATION TO AWARD A CONTRACT FOR THE REPLACEMENT OF ELECTRICAL EQUIPMENT AT VILLAGE PARK This item was approved on Consent. C. 14-889 AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH TELE-WORKS, INC. (TWI), TO PROVIDE THE VILLAGE WITH AN AUTOMATED ELECTRONIC PAYMENT SOLUTION This item was approved on Consent. D. 14-964 RESOLUTION NO. R2014-74 (WELLINGTON SENIORS CLUB AGREEMENT) Village of Wellington Page 1 Village Council Action Summary - Final December 9, 2014 A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A CONTRACT FOR SENIOR CITIZENS SERVICES BETWEEN WELLINGTON AND THE WELLINGTON SENIORS CLUB, INC.; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. E. 14-967 RESOLUTION NO. R2014-77 (AMENDMENT NO. 8 TO THE NSP AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF WELLINGTON) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AMENDMENT NO. 8 TO THE AGREEMENT WITH PALM BEACH COUNTY FOR THE PURPOSES OF RECEIVING A GRANT UNDER PROVISIONS OF THE NEIGHBORHOOD STABILIZATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. F. 14-973 AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY (FPL) FOR INSTALLATION OF LED LIGHT FIXTURES IN THE FOLKESTONE/YARMOUTH COMMUNITY This item was approved on Consent. 7. PUBLIC HEARINGS A. 14-912 ORDINANCE 2014-31 (REVISIONS TO CHAPTER 71, RENTAL DWELLING UNIT LICENSE) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL RELATING TO LICENSING AND REGULATION OF RESIDENTIAL RENTAL UNITS; AMENDING THE CODE OF ORDINANCES OF WELLINGTON, FLORIDA CHAPTER 71 “RENTAL DWELLING UNIT LICENSES”, TO PROVIDE FOR THE MANDATORY LICENSING AND INSPECTION OF SINGLE FAMILY RESIDENTIAL UNITS HELD OUT FOR LEASE OR RENT AND PROVIDING RULES AND REGULATIONS PERTAINING TO SUCH LICENSES AND INSPECTIONS; ELIMINATING THE LICENSE AND INSPECTION FEES; REQUIRING A $50.00 REINSPECTION FEE; AMENDING SECTION 71-33 SUSPENSION OR REVOCATION OF LICENSE REQUIRING AN OWNER TO SUBMIT A MANAGEMENT PLAN AND INSTITUTING A REINSTATEMENT FEE AND PROVIDING PENALTIES FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE CHAPTER; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the ordinance Village of Wellington Page 2 Village Council Action Summary - Final December 9, 2014 by title. Mr. Koch presented the staff report. Public Hearing A motion was made by Councilman Coates, 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 Coates, seconded by Vice Mayor Greene, and unanimously passed (5-0) to close the Public Hearing. A motion was made by Councilman Coates, seconded by Vice Mayor Greene, and passed (4-1) with Councilwoman Gerwig dissenting, approving Ordinance No. 2014-31 as presented on Second Reading. B. 14-944 RESOLUTION NO. R2014-70 (RIDGE SPECIAL USE PERMIT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AN EQUESTRIAN SPECIAL USE PERMIT FOR THE RIDGE AT WELLINGTON LOCATED AT 14415 AND 14535 PALM BEACH POINT BOULEVARD FOR EQUESTRIAN SHOWS FROM DECEMBER 10, 2014 TO APRIL 15, 2015, INCLUDING A TEMPORARY STABLING TENT CONTAINING 60 STALLS; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the ordinance by title. Ms. Cohen administered the oath to those people who indicated they would be speaking on this item. Council disclosed their ex-parte communications. Mr. Stillings presented the staff report. Public Hearing A motion was made by Councilman Coates, seconded by Vice Mayor Greene, and unanimously passed (5-0) to open the Public Hearing. Vice Mayor Greene read the following comment card into the record. 1. Carolyn Tribble. Ms. Tribble's comments supported this event. There being no further public comments, a motion was made by Councilman Coates, seconded by Vice Mayor Greene, and unanimously passed (5-0) to close the Public Hearing. A motion was made by Councilman Coates, seconded by Vice Mayor Greene, and unanimously passed (5-0) approving Resolution No. R2014-70 as presented. Village of Wellington Page 3 Village Council Action Summary - Final December 9, 2014 C. 14-970 RESOLUTION NO. R2014-75 (EQUESTRIAN VILLAGE SEASONAL EQUESTRIAN USE PERMIT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A SEASONAL EQUESTRIAN USE PERMIT FOR THE GLOBAL DRESSAGE COMPLEX, AKA EQUESTRIAN VILLAGE, AT 13466 SOUTH SHORE BOULEVARD FOR AN EQUESTRIAN SHOW USE FROM DECEMBER 10, 2014 TO APRIL 30, 2015; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the resolution by title. Ms. Cohen administered the oath to those people who indicated they would be speaking on this item. Council disclosed their ex-parte communicaitons. Mr. Stillings presented the staff report. Public Hearing A motion was made by Councilman Coates, 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 Coates, seconded by Vice Mayor Greene, and unanimously passed (5-0) to close the Public Hearing. A motion was made by Councilman Coates, seconded by Vice Mayor Greene, and unanimously passed (5-0) approving Resolution No. R2014-75 as presented. D. 14-992 RESOLUTION NO. R2014-76 (PBIEC SEASONAL EQUESTRIAN SPU) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A SEASONAL EQUESTRIAN USE PERMIT FOR THE PALM BEACH INTERNATIONAL EQUESTRIAN CENTER (PBIEC) AT 14440 PIERSON ROAD FOR AN EQUESTRIAN SHOW USE FROM DECEMBER 10, 2014 TO APRIL 30, 2015, INCLUDING TWO (2) TEMPORARY ACCESSES TO LOTS IN GRAND PRIX FARMS AND TEMPORARY PARKING ON THE WEST SIDE GENE MISCHE WAY; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the resolution by title. Ms. Cohen administered the oath to those people who indicated they would be speaking on this item. Council disclosed their ex-parte communications. Village of Wellington Page 4 Village Council Action Summary - Final December 9, 2014 Mr. Stillings presented the staff report. Staff recommended amending the resolution to approve the access request, but deny the parking request. Mr. Sexton made a presentation on behalf of the applicant. Public Hearing A motion was made by Councilman Willhite, seconded by Councilman Coates, and unanimously passed (5-0) to open the Public Hearing. At this time, Ms. Cohen administered the oath to Ms. Victoria McCullough who indicated she had not been sworn in. 1. Ms. McCullough, 1365 Santa Barbara Drive and 13801 40th St., Wellington. Ms. McCullough spoke in support of Resolution R2014-76. There being no further 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 passed (4-1) with Councilman Willhite dissenting, approving Resolution R2014-76 as presented Mayor Margolis indicated that since Councilman Coates had to recuse himself on items E and F, there was a request to move item G before item E. A motion was made by Vice Mayor Greene, seconded by Councilwoman Gerwig, and unanimously passed (5-0) to amend the agenda by placing item G before item E. G. 14-942 INTENT TO CONTINUE USING THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR WELLINGTON, FLORIDA AND ACME IMPROVEMENT DISTRICT (a) RESOLUTION NO. R2014-71: 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 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. AC2014-09: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ACME IMPROVEMENT DISTRICT EXPRESSING THE INTENT OF THE DISTRICT TO CONTINUE TO Village of Wellington Page 5 Village Council Action Summary - Final December 9, 2014 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. Mr. Schofield introduced the agenda item. Ms. Rodriguez read resolution titles. Public Hearing A motion was made by Councilman Coates, 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 Coates, 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 Resolution No. R2014-71 as presented. Resolution No. AC2014-09 A motion was made by Vice Mayor Greene, seconded by Councilman Coates, and unanimously passed (5-0) approving Resolution No. AC2014-09 as presented. At this time, Councilman Coates thanked Council for advancing Regular item 8G since he was recusing himself from the next two items, E and F. He wished everyone happy holidays. Councilman Coates announced that the basis for his recusal was that his law firm represents a property owner within the affected properties, and the interest exceeds greater than 1%. Based on a Commission on Ethics Advisory Opinion, it was recommended that he recuse himself with respect to any matters pertaining to this particular issue being heard for items E and F. E. 14-941 RESOLUTION NO. R2014-37 (WELLINGTON COUNTRYPLACE PUD MASTER PLAN AMENDMENT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING THE MASTER PLAN AMENDMENT FOR (PETITION 2014-016 MPA6) WELLINGTON COUNTRYPLACE PLANNED UNIT DEVELOPMENT (PUD), LOCATED IN THE EASTERN HALF OF SECTION 20 AND ALL OF SECTION 21, EXCEPT FOR THE PORTION KNOWN AS MIDA FARMS, AND AS DESCRIBED MORE PARTICULARY HEREIN, TO ADD ONE (1) ACCESS POINT AT THE SOUTHWEST CORNER OF THE PUD CONNECTING GENE MISCHE WAY TO 40TH STREET; TO ADD ONE (1) ACCESS POINT Village of Wellington Page 6 Village Council Action Summary - Final December 9, 2014 FOR POD F, PHASE VII AT THE APPROXIMATE LOCATION OF PALM BEACH POINT BOULEVARD; TO ADD ONE (1) ACCESS POINT IN THE LOCATION OF THE FUTURE 40TH STREET/LAKE WORTH ROAD ALIGNMENT; TO TRANSFER 18 DWELLING UNITS FROM POD F, PHASE VI TO POD F, PHASE VII; REALIGN AN INTERIOR ROADWAY WITHIN POD F, PHASES VI AND VII; TO MODIFY CONDITION #8 OF RESOLUTION NO. R2011-73; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the resolution by title. Ms. Cohen administered the oath to those people who indicated they would be speaking on this item. Council disclosed their ex-parte communications. Mr. Stillings presented staff report. Ms. Jana Lhota, Holland & Knight, 515 East Las Olas, Ft. Lauderdale. Ms. Lhota spoke on behalf of Ms. Victor McCullough, an interested party. She explained that her client and the applicant had reached a resolution that afternoon. Mr. Rosenbaum, Ms. Yacques and Mr. Sexton presented on behalf of the applicant. Mr. Gregory S. Kino, Ciklin, Lubitz, Martens & O'Connell. Mr. Kino represented South Road Wellington LP which was Mr. Hildebrand's private equestrian facility. He spoke about how the proposed amendments impacted his client's property. A motion was made by Vice Mayor Greene, seconded by Mayor Margolis, but died (2-2) with Councilwoman Gerwig and Councilman Willhite dissenting to extend the meeting past 11:00pm. A motion was made by Councilwoman Gerwig, seconded by Vice Mayor Greene, and unanimously approved (4-0) to extend the meeting to 11:30pm. Public Hearing A motion was made by Vice Mayor Greene, seconded by Councilwoman Gerwig, and unanimously passed (4-0) to open Public Hearing. 1. Ms. Nona Garson, 14415 Palm Beach Point Blvd., Wellington. Ms. Garson spoke in opposition of the resolution. 2. Mr. George Ambrosio, 14415 Palm Beach Point Blvd., Wellington. Mr. Ambrosio spoke in opposition of the resolution. Vice Mayor Greene read the following card into the record: 1. Carolyn Tribble. Ms. Tribble's comments opposed this item. Village of Wellington Page 7 Village Council Action Summary - Final December 9, 2014 There being no further comments, a motion was made by Vice Mayor Greene, seconded by Councilwoman Gerwig and unanimously passed (4-0) to close the Public Hearing. A motion was made by Vice Mayor Greene, seconded by Mayor Margolis, and passed (3-1) with Councilwoman Gerwig dissenting, approving Resolution No. 2014-37 with the changes as articulated by staff A motion was made by Vice Mayor Greene, seconded by Mayor Margolis, but died (2-2) with Councilwoman Gerwig and Councilman Willhite dissenting to extend the meeting time 11:30pm. Mayor Margolis passed the gavel to Vice Mayor Greene. A motion was made by Mayor Margolis, seconded by Vice Mayor Greene, and unanimously passed (5-0) to extend the meeting past 11:45 p.m. . F. 14-686 RESOLUTION NO. R2014-36 (SITE PLAN POD F, PHASES V, VI AND VII OF WELLINGTON COUNTRYPLACE) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING THE SITE PLAN FOR PETITION 2014-027SP2, POD F SITE PLAN, OF THE WELLINGTON COUNTRYPLACE PLANNED UNIT DEVELOPMENT (PUD), LOCATED ON THE SOUTH SIDE OF PIERSON ROAD AND EAST SIDE OF GENE MISCHE WAY; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item and explained that the site plan had to include the realignment of the road. Ms. Rodriguez read the resolution by title. Ms. Cohen administered the oath to all of those people who indicated they would be providing testimony, comments or have completed comment cards on this matter. Council disclosed their ex-parte communications. Tim Stillings presented the staff report. . A motion was made Councilwoman Gerwig, seconded by Vice Mayor Greene, and was passed (3-1) with Councilman Willhite dissenting to continue the Council meeting until its completion. Public Hearing 1. Mr. Kino. Mr. Kino spoke on behalf of South Road LLP. He wanted to ensure that it was made clear that nothing would be happening with the site plan that would preclude a proper alignment additional paths or whatever is to be discussed with the Village Engineer and coming to a consensus on what is best for the community. Village of Wellington Page 8 Village Council Action Summary - Final December 9, 2014 There being no further public comments, a motion was made by Vice Mayor Greene, seconded by Council, and unanimously passed (4-0) to close the Public Hearing. An amended motion was made by Councilwoman Gerwig, seconded by Councilman Willhite, and unanimously passed (4-0) approving Resolution No. R2914-36 with the conditions as presented by staff, amending Condition #5: add 40th Street/Lake Worth alignment; Condition #8: add: Vehicle and horse trailer parking is prohibited on private roads, and to ensure that the 25 feet that is designated as a bridle/maintenance easement also includes a multiuse path, and that it is understood that the cross access between E and F is a turn and not an access. 8. REGULAR AGENDA There were no items on the Regular Agenda. 9. PUBLIC FORUM There were no public comments. 10. ATTORNEY'S REPORT Ms. Cohen presented the following report: 1. Ms. Cohen addressed an injunction on the Polo West case that was filed on Friday; the motion for temporary injunction will be filed tomorrow if not already filed earlier in the afternoon provided that the affidavits have been gathered. 2. She addressed the differing opinions the Village of Wellington and the Palm Beach Post had on the presentations on the K-park proposals and whether that portion of the proposals are exempt under chapter 286. 3. Ms. Cohen addressed a question by Councilwoman Gerwig referring to the Palm Beach County Code Provision that led to the appeal of the staff interpretation that came from the Jacobs Appeal. 4. Ms. Cohen addressed earlier questions pertaining to golf carts and whether an engineering report was required 11. MANAGER'S REPORTS Mr. Schofield had no report. 12. COUNCIL REPORTS Councilwoman Gerwig presented the following report. 1. She wished everyone a great holiday. She directed the public to access the Village's website for a list of activities. Vice Mayor Greene presented the following report. 1. Vice Mayor Greene requested clarification on the direction Council gave to the Legal Department regarding litigation being sent to Claudio Riedi’s law firm. 2. Vice Mayor Greene stated that he would like to see the processes from applications, building permits, and unity of titles addressed. He said he Village of Wellington Page 9 Village Council Action Summary - Final December 9, 2014 wanted to be involved as he would like to learn more on the processes. 3. Vice Mayor Greene requested a cost analysis concerning the new tennis facilities. 4. He wished everyone a happy and safe holiday and he would see everyone in the New Year. Councilman Willhite presented the following report. 1. Councilman Willhite asked if the Village was compliant with its public records. 2. Councilman Willhite discussed the State Road 7 extension and the delay of the project. 3. He asked about the upcoming meeting with the lobbyist as the legislative session is fast approaching. 4. Councilman Willhite expressed concern with the consistency of the decision making process amongst the Council. He stated that if the Council wanted decisions to be inclusive of all of Council, then they needed to be consistent with that position. 5. Councilman WIllhite wished everyone a happy holiday and New Year. Mayor Margolis presented the following report. 1.Mayor Margolis wished everyone a happy holiday and a happy and safe New Year. 2.He stated how proud he was of the Village Council in their handling of some contentious items that have come before them. 13. ADJOURNMENT There being no further business to come before the Village Council, the meeting was adjourned, Village of Wellington Page 10