Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, January 27, 2015 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 January 27, 2015 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. Brad Stockwell, Committee Chair for Cub Scout Pack 125, introduced Blake Levy, Cub Scout Master and Cub Scout Pack 125. He invited the leaders of the community, Mayor Margolis and members of the Council, Battalion Chief Mike Arena and members of PB Fire Rescue, Captain Jay Hart (Lt. Shaivitz stood in for Captain Hart) and members of Palm Beach County Sheriff's Office to participate in their annual Pinewood Derby on February 28th at St. Peter's United Methodist Church. He announced that they also invited Principal, Michella Levy of Binks Forest Elementary School and the Reverend Rainer Richter, St. Peter's to participate as well. 3. INVOCATION Councilwoman Gerwig delivered the Invocation in place of Pastor Peter Bartuska, Wellington Presbyterian Church, who was scheduled to deliver the Invocation, but was unable to attend the meeting. 4. APPROVAL OF AGENDA Mr. Schofield presented the agenda recommending approval with the following changes: (1) Regular item 8B has been removed from the agenda as staff was waiting for additional information; (2) there was a request to reorder the agenda so that item 8C (Appointment of Council Member) will be item 8A; and (3) add a brief presentation by PBSO on their new Traffic Radar System. A motion was made by Vice Mayor Greene, seconded by Councilman Willhite and unanimously passed (4-0) approving the agenda as amended. 5. PRESENTATIONS AND PROCLAMATIONS A. 15-24 PROCLAMATION RECOGNIZING HOWARD K. COATES FOR HIS DEDICATED SERVICE AND CONTRIBUTION TO THE RESIDENTS OF THE VILLAGE OF WELLINGTON Mr. Schofield introduced the agenda item. Ms. Rodriguez read the Proclamation. Councilman Coates expressed his appreciation to Council for the Proclamation and thanked the residents, staff and Council for their support throughout the years. Council each expressed their words of appreciation to Councilman Coates for his service on Council and to the Village. Council presented Mr. Coates with the Proclamation. Village of Wellington Page 1 Village Council Action Summary - Final January 27, 2015 B. PRESENTATION BY PBSO ON THEIR NEW RADAR SYSTEM Mr. Schofield introduced the Agenda item. Lt. Shaivitz gave a presentation on PBSO's new radar systems. He explained that one of their top complaints is traffic, speeding, distracted driving, etc. He showed one of the older laser radars which he said were starting to fail. He showed the new radar guns which are smaller, lighter and more accurate. He encouraged everyone to slow down, wear their seat belts and observe the traffic laws. He personally thanked the Council, Village Manager and staff to providing them with this updated equipment. 6. CONSENT AGENDA Mr. Schofield presented the Consent Agenda recommending adoption as presented. There were no public comments on the Consent Agenda. Councilman Willhite asked Mr. Schofield if Mr. Barnes was able to verify his question regarding the Project Graduation signs at Wellington HIgh School. Mr. Schofield said that the signs were good. A motion was made by Councilwoman Gerwig, seconded by Councilman Willhite, and unanimously passed (4-0) approving the Consent Agenda as presented. A. 15-27 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF NOVEMBER 25, 2014 This item was approved on Consent. B. 14-851 AUTHORIZATION TO RENEW EXISTING DEBRIS MANAGEMENT CONTRACTS This item was approved on Consent. C. 15-3 AUTHORIZATION TO UTILIZE MULTIPLE CONTRACTS, AS A BASIS FOR PRICING, FOR THE PURCHASE AND DELIVERY OF VEHICLES AND EQUIPMENT This item was approved on Consent. D. 14-955 CERTIFICATES OF CORRECTION FOR NON-AD VALOREM ASSESSMENTS This item was approved on Consent. E. 15-5 WELLINGTON HIGH SCHOOL AND PALM BEACH CENTRAL HIGH SCHOOL PROJECT GRADUATION SPONSORSHIP This item was approved on Consent. Village of Wellington Page 2 Village Council Action Summary - Final January 27, 2015 9. PUBLIC COMMENTS At this point, Mayor Margolis asked if there was anyone who wanted to speak at this time. Mr. Schofield added that it would be on any non-agenda item. There were no public comments at this time. 7. PUBLIC HEARINGS A. 15-33 ORDINANCE NO. 2015-03 (AMENDMENT TO CHAPTER 3 OF THE CODE OF ORDINANCES ENTITLED SPECIAL ASSESSMENT TO CREATE A NEW SECTION 3-9 ENTITLED “PREPAYMENT OF SPECIAL ASSESSMENTS”) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING CHAPTER 3 SPECIAL ASSESSMENT OF THE CODE OF ORDINANCES TO CREATE A NEW SECTION 3-9 TITLED “PREPAYMENT OF SPECIAL ASSESSMENTS” TO PROVIDE THAT THE VILLAGE COUNCIL MAY, IN ITS DISCRETION, BY ENABLING RESOLUTION(S), PROVIDE FOR RESTRICTIONS OR LIMITATIONS ON, INCLUDING A PROHIBITION OF, THE PREPAYMENT OF SPECIAL ASSESSMENTS LEVIED BY THE VILLAGE; PROVIDING AUTHORITY TO CODIFY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the Agenda item. Ms. Rodriguez read the ordinance by title. Ms. Cohen presented the agenda item. Public Hearing A motion was made by Vice Mayor Greene, seconded by Councilman Willhite, and unanimously passed (4-0) to open the Public Hearing. 1. Meryl Cannon, 2552 Appaloosa, Wellington. Ms. Cannon found the ordinance confusing. She posed questions regarding the ability of the Village to allow prepayment of any liens because she thought that it was prohibited by State and Federal law. Staff addressed Ms. Cannon's questions; however, Mayor Margolis advised Ms. Cannon to meet with the Village's CFO and attorney if her questions had not been answered. There being no further public 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 Councilwoman Gerwig, seconded by Councilman Willhite, and unanimously passed (4-0) approving Ordinance No. 2015-03 on First Reading as presented. Village of Wellington Page 3 Village Council Action Summary - Final January 27, 2015 8. REGULAR AGENDA A. 15-39 COUNCIL APPOINTMENT OF COUNCILMEMBER TO FILL THE VACANCY CREATED BY THE APPOINTMENT OF COUNCILMAN COATES TO THE CIRCUIT COURT Mr. Schofield introduced the agenda item. Council ranked the applicants for the vacancy created by Councilman Coates. After the ranking, they gave their ballots to Ms. Rodriguez who tallied them and presented the top rankings. Mayor Margolis asked that Ms. Rodriguez and Mr. Schofield to present the final scores. He also asked Ms. Rodriguez to read each Council person's scores. Ms. Rodriguez read the following: Mayor Margolis: Carol Coleman - 3 Ellie Halperin - 1 Matthew Kurit - 5 John McGovern - 2 Ernie Zimmerman - 4 Vice Mayor Greene: John McGovern - 5 Councilman Willhite John McGovern - 5 Councilwoman Gerwig Michael Drahos - 5 Ellie Halperin - 1 Randall Laurich - 4 John McGovern - 2 Michael Posner - 3 The total number of points: Carol Coleman - 3 Ellie Halperin - 2 Michael Drahos - 5 Matthew Kurit - 5 Randall Laurich - 4 John McGovern - 14 Michael Posner - 3 Ernie Zimmerman - 4 With a final ordinal ranking of: John McGovern 1 Michael Drahos 2 Matthew Kurit 3 Ernie Zimmerman 4 Michael Posner 5 Village of Wellington Page 4 Village Council Action Summary - Final January 27, 2015 A motion was made to appoint Michael Drahos. The motion died for a lack of a second. A motion was made by Vice Mayor Greene, seconded by Councilwoman Gerwig, and unanimously passed (4-0) appointing John McGovern to Seat #3. B. 15-31 DIRECTION ON THE SALE AND DEVELOPMENT OF REAL PROPERTY AT K-PARK Mr. Schofield introduced the agenda item. Ms. Gerwig announced that she was advised by the Commission on Ethics that she was conflicted on this item and would be required to recuse herself. At this point, Councilwoman Gerwig left the Council Chambers. Mayor Margolis announced that each of the applicants would be given fifteen minutes to make a presentation. In addition, each member of the public who submitted a comment card would be given three minutes to present their comments. Mr. Barnes advised Council that the order of the presentations would be the same order that was utilized at the final Selection Committee meeting. The following proposers presnted their proposals for K-Park: 1. Wellington Gardens 2. Stiles Corporation 3. DiVosta 4. Bainbridge-Brefrank 5. Pugliese-ReInvent America 6. Lennar After the conclusion of the presentations, Council took public comments. Approximately 43 people spoke on the item, and 22 cards were read into the record. These cards are on file with the Village Cler. Council then discussed the sale and development of K-Park. Vice Mayor Greene wanted to keep the discussion open and allow the public to speak with their neighbors. He did not want a decision of this magnitude to be made by ony three Councilmembers, and wanted to postpone making any decision until the full complement of Council could participate. Councilman Willhite spoke of the other projects that had previously been proposed for this site and that the front five acres were always planned to have a commercial component. He pointed out that although not all of Council was voting on this, they had all voted on the rating process that was to be followed by the Selection Committee. He supported conducting town meetings if that was the desire of Council, but he did not believe they would have 100% consensus because they could never make everyone happy. Mayor Margolis said that he had always supported a park at that location, and his desire was to keep K-Park as a park in perpetuity. A motion was made by Mayor Margolis, seconded by Councilman Willhite, and Village of Wellington Page 5 Village Council Action Summary - Final January 27, 2015 passed 2-1 with Vice Mayor Greene dissenting that K-Park will remain a park. 15-21 REQUEST FOR PAYMENT OF LEGAL EXPENSES INCURRED BY MAYOR BOB MARGOLIS RELATING TO ETHICS COMPLAINTS This item was removed from the Agenda. 9. PUBLIC FORUM 10. ATTORNEY'S REPORT Ms. Cohen presented the following report: 1. Ms. Cohen extended her congratulations to Mr. McGovern on his appointment to Council. 2. She reminded Council that a Charter Review Task Force meeting was scheduled for Monday, February 2nd at 4:00. She said that a meeting had been scheduled for January 27th; however, that was cancelled. Ms. Cohen explained that the Task Force wanted to have more meetings between now and March so that they could get to the Public Forum to gather their input. 3. Ms. Cohen reported that she had distributed a memo to Council notifying them that Ms. Rogers, Assistant Village Attorney, would be leaving her position with the Village as her husband accepted a position that will require them to move. She spoke highly of Ms. Rogers noting that she will be missed and hard to replace. Ms. Cohen announced that they will be advertising for the Assistant Village Attorney position. 11. MANAGER'S REPORTS Mr. Schofield presented the following report: 1. The next Regular Council Meeting is scheduled for Tuesday, February 10, 2015 at 7:00 p.m. in the Council Chambers. 2. Representative Pafford will be hold a Town Hall Meeting on Thursday, January 27, 2015 starting at 6:00 p.m. in the Village's Council Chambers. 3. Staff was seeking direction on whether Council wanted to reconsider the similar sized provision in the RFP for Solid Waste Services. Mr. Barnes explained that the proposed RFP as drafted has two components: (1) the proposer must have at least five years of current experience collecting garbage at curbside pursuant to qualifying residential contracts; and (2) the proposer must currently be providing collection service under at least 3 qualifying residential contracts. The five/three ratio mirrored the provision in the Village's RFP that the Village was currently operating under. Council had previously discussed this at the Agenda Review. The issue was whether to reduce those requirements to allow a company who did not fall under that criteria but who services a zone that has 74,000 units or residential pickups which is larger than the Village. Council discussed what ratio would the Village have to go to in order to allow that company to participate, and if their experience was only limited to Florida. Mr. Barnes indicated that the requirements would have to be changed to one/one in order to allow this company to participate. Mayor Margolis and Councilwoman Gerwig indicated that they would not support reducing the requirements that low. Village of Wellington Page 6 Village Council Action Summary - Final January 27, 2015 After discussion, Council consensus was to revise the requirements to three/two and that the proposer could have experience anywhere in the world. 12. COUNCIL REPORTS Councilwoman Gerwig presented the following report: 1. Councilwoman Gerwig announced that the Village was participating in "Let's Move" which was sponsored by Bainbridge and Palm Health Care, and that she was participating as well. She indicated that the event ends on January 31st. 2. She welcomed the newly-appointed Council member, John McGovern Vice Mayor Greene presented the following report: 1. He congratulated John McGovern on his appointment to the Council. He also thanked everyone who participated in the process. Councilwoman Gerwig added that Council was very impressed with Gloria Kelly. She hoped they could do all they could to get her involved in activities. Vice Mayor Greene agreed adding that he believed she represented a facet of the community that was missing. He thought they should engage young people in the process and get them interested in government. He hoped that everyone who was part of the appointment process would remain engaged and continue to find a way to be involved in the Village. 2. With regard to K-Park, he explained that his lack of support for the motion was not because he thought they should sell K-Park, but he wanted to ensure that they continue to have the discussion regarding that property.. He felt that it was a disservice to the six proposers who spent a considerable amount of time and money developing their proposals by just closing the door on them. He said that this was the public's opportunity to participate. He supports that Council did not make a motion to sell K-Park to the Selection Committee's number one choice. He also thanked staff for the amount of time and work that went into this process. He thought Council made the right decision by not moving forward in negotiating a sale of K-Park at this time. Councilman Willhite presented the following report: 1. He requested that the Senior Housing presentation that was scheduled to have been presented to Council several months ago, be placed as a presentation item on a Council Agenda. 2. Councilman Willhite pointed out that the Village previously had a Youth Council. He thought that the Student Government at the high schools could participate and be part of this process. He said that he was also impressed with Gloria Kelly and suggested starting a Youth Advisory Committee similar to the Senior Advisory Committee which might be missing element.. 3. He pointed out that Wellington had been voted the 6th most boring city in the State of Florida. Councilman Wilhite said many of the residents supported having activities that would make Wellington more exciting; however, that would also bring in traffic and crime. 3. Councilman Willhite applauded all of the applicants who were part of the process. He congratulated newly-appointed Councilmember John McGovern. He did not know any process or scoring that would make everyone happy. Councilman Willhite believed there was no second only a first and he hoped people understood that. He hoped they understood that there would be opportunities to sit on Council in the future because there were always Village of Wellington Page 7 Village Council Action Summary - Final January 27, 2015 elections, and encouraged them to stay involved in the community. Mayor Margolis presented the following report. 1. He congratulated Mr. McGovern on his appointment to Council. He stated that he had talked to some of the applicants who voiced their disappointment in the process where some councilmembers only ranked one person. They felt by doing that, it may have changed the person who actually was appointed. 13. ADJOURNMENT NOTICE Village of Wellington Page 8