Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, April 28, 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 April 28, 2015 1. CALL TO ORDER Mayor Margolis called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Judge Howard Coates led the Pledge of Allegiance. 3. INVOCATION Deacon Al Payne, St. Therese de Lisieux, Wellington, delivered the Invocation. 4. APPROVAL OF AGENDA Mr. Schofield introduced the agenda item. He recommended approval with the following changes: (1) Move Consent Item 7G: Abandonment of a Portion of a Limited Access Easement Along Greenbriar Boulevard for Rear Property Access for 14451 Equestrian Way to the Regular Agenda as Item 8C. (2) Make a minor amendment to R2015-30 (Special Magistrates Appointments) so that it only reappoints Mr. Rivas, and the new appointment would come back to Council. He requested that it remain on Consent. (3) Add "Council Consideration of Code Compliance Lien Reduction for 1580 Wyndcliff Drive" to the Regular Agenda as Item 8E. (4) The request the presentation by Loggerhead Marinelife Center be moved from the end of the Agenda to Presentations. Councilwoman Gerwig requested that the Special Magistrate item be moved to the Regular Agenda for discussion. Council agreed to moving that item to the Regular Agenda. Mr. Schofield noted that it would become item 8D. A motion was made by Councilman Willhite, seconded by Councilman McGovern, and unanimously passed (5-0) approving the Agenda as amended. 5. PRESENTATIONS AND PROCLAMATIONS A. 15-285 PRESENTATION OF A RESOLUTION TO HOWARD K. COATES, JR. FROM THE WESTERN COMMUNITIES COUNCIL, INC. IN APPRECIATION OF HIS SERVICE Mr. Schofield introduced the agenda item. Ms. Rodriguez announced that Ms. Michelle Damone, Chair, Western Communities Council (WCC), would be presenting the resolution to Judge Coates. Ms. Michelle Damone stated that she was before Council to recognize Judge Coates for present a resolution to Judge Coates recognizing him for his work and service on the WCC. She read the resolution that had been approved by WCC. Ms. Damone thanked the Council for allowing Judge Coates to serve as a representative on the WCC when he sat as a Councilmember for Wellington. She noted that Greenacres representative on the Western Communities Council was also present. Village of Wellington Page 1 Village Council Action Summary - Final April 28, 2015 Ms. Damone presented the resolution to Judge Coates. Judge Coates thanked the WCC for the recognition. He also thanked Ms. Damone for the leadership and guidance she had provided to him when she sat as the Chair prior to him. He expressed his gratitude to the Council for giving him the opportunity to represent the Village on the WCC. He invited everyone to attend his Investiture on May 8th at 4:00 p.m. at the Central County Courthouse. Council each expressed their thanks to Judge Coates for his service to the WCC; they looked forward to attending his Investiture. A. 15-297 REQUEST ON BEHALF OF LOGGERHEAD MARINELIFE CENTER TO SPEAK DURING THE PUBLIC FORUM Mr. Didi Spencer Embalo, a student at Northwood University, addressed Council on behalf of the Loggerhead Marinelife Center. He also introduced Mario, a young boy who was a recent winner of a contest sponsored by the Marinelife Center. Mr. Embalo spoke of Loggerhead's history and how it was started. He said that they believed that the sea turtles best hope for long term survival was to educate children about the need for conservation and preservation. He noted stated Northwood University's association with the Marinelife Center, and that about three weeks ago, they held a contest and Mario was named the winner. The prize was to name the next patient at Loggerhead. Mario told Council that he decided to name the turtle "Snapper." Mr. Embalo said that Mario will have access to see "Snapper." He said that Loggerhead does a tremendous job for the community. He thanked Council for the opportunity to speak to them. Council invited Mario to sit up on the dais with them. 6. CONSENT AGENDA Mr. Schofield presented the Consent Agenda recommending approval as amended. A motion was made by Councilman Willhite, seconded by Councilman McGovern, and unanimously passed (5-0) approving the Consent Agenda as amended. There were no public comments on the Consent Agenda. A. 15-219 AUTHORIZATION TO RENEW THE EXISTING ANNUAL AUDITING SERVICES CONTRACT This item was passed on Consent. B. 15-257 AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR SUPPORT AND MAINTENANCE OF THE VILLAGE’S INTERACTIVE VOICE RESPONSE (IVR) SYSTEM This item was passed on Consent. C. 14-1031 AUTHORIZATION TO RENEW A CONTRACT FOR THE SUPPLY Village of Wellington Page 2 Village Council Action Summary - Final April 28, 2015 AND DELIVERY OF TROPHIES, PLAQUES AND MEDALS This item was passed on Consent. D. 15-227 AUTHORIZATION TO AWARD A CONTRACT FOR THE BOOSTER STATION #1 DRIVEWAY/CULVERT REPLACEMENT PROJECT This item was passed on Consent. E. 15-302 RESOLUTION NO. R2015-32 (GRANT OF UTILITY AND ACCESS EASEMENTS TO PALM BEACH COUNTY FOR THE WELLINGTON TENNIS CENTER) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL GRANTING UTILITY AND ACCESS EASEMENTS TO PALM BEACH COUNTY FOR THE WELLINGTON TENNIS CENTER; AND PROVIDING AN EFFECTIVE DATE. This item was passed on Consent. F. 15-303 RESOLUTION NO. R2015-34 (GRANT OF UTILITY EASEMENT TO FLORIDA POWER AND LIGHT COMPANY FOR THE WELLINGTON TENNIS CENTER) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL GRANTING A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT COMPANY FOR THE WELLINGTON TENNIS CENTER; AND PROVIDING AN EFFECTIVE DATE. This item was passed on Consent. 9. PUBLIC FORUM At this time, the public was given the opportunity to speak on any non-agenda items. 1. Mr. Marrell Jerkins. 14274 Laurel Trail (Saddle Trail Park South). Mr. Jerkins said that he was representing 39 of the 65 landowners who could not be in attendance. He said the owners want their votes to be reconsidered, and requested that Council make a motion to reconsider the resolution they had approved regarding the Saddle Trail South project. 2. Dr. Margaret Biggs, 14858 Equestrian Way. Dr. Biggs asked for Council's reconsideration of the resolution that was passed regarding the Saddle Trail South Improvement project since 60% of the owners were against paving. 3. Bart Novack, 15670 Cedar Grove Lane. Mr. Novack addressed the following issues: (1) there is a Bobcat or Coyote running loose near Binks School and action needed to be taken; (2) questioned how the budget could be reduced from $125 million to $75 million yet the Village is able to provide the same level of services; (3) officials should file paperwork only to the State and local agencies should obtain copies from them; quarterly reports should be filed even if nothing has to be declared; and (4) there needs to be a one-mile radius from schools where drug and/or alcohol rehabilitation facilities can be located. Village of Wellington Page 3 Village Council Action Summary - Final April 28, 2015 7. PUBLIC HEARINGS A. 15-296 ORDINANCE NO. 2015-06 (WELLINGTON MUNICIPAL ELECTION 2016) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL MOVING THE DATE FOR THE MUNICIPAL ELECTION TO BE HELD CONCURRENT WITH THE PRESIDENTIAL PREFERENCE PRIMARY; AMENDING THE CANDIDATE QUALIFYING PERIOD; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item noting that this was the second reading and adoption. This ordinance brings the Village's municipal election date into compliance with the State Statute signed by the Governor. Ms. Rodriguez read the ordinance by title. Public Hearing A motion was made by Councilwoman Gerwig, seconded by Councilman Willhite, and unanimously passed (5-0) to open the Public Hearing. There being no public comments, a motion was made by Councilman McGovern, seconded by Councilman Willhite, and unanimously passed (5-0) to close the public hearing. A motion was made by Councilwoman Gerwig, seconded by Councilman Willhite, and unanimously passed (5-0) approving Ordinance No. 2015-06 on Second Reading as presented. 8. REGULAR AGENDA A. 15-304 RESOLUTION NO. R2015-33 (RIGHT-OF-WAY ACQUISTION FOR THE SOUTHSHORE PHASE III ROAD IMPROVEMENT PROJECT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AN AGREEMENT FOR THE PURCHASE OF CERTAIN REAL PROPERTY FOR THE SOUTH SHORE PHASE III ROAD IMPROVEMENT PROJECT; AUTHORIZING THE MAYOR OR VICE MAYOR AND THE VILLAGE CLERK TO EXECUTE ALL DOCUMENTS INCIDENT TO CLOSING; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Rodriguez read the resolution by title. Mr. Riebe presented the staff report explaining that this item was to purchase the right-of-way that is needed to complete the South Shore Phase III Road Improvement Project. The cost of purchasing the property is $180,000, plus closing costs and attorney fees. He said that an appraisal was done and the property was appraised at $110,000/acre. Village of Wellington Page 4 Village Council Action Summary - Final April 28, 2015 Mr. Riebe addressed Council's questions regarding the relocation of the bridle trails, direction of water, width of lanes, concerns about not installing bicycle lanes, landowners dedicating land, cost of roadway project and why it was needed. A motion was made by Vice Mayor Greene, seconded by Councilman McGovern, and unanimously passed (5-0) approving Resolution No. R2015-33 as presented. B. 15-228 AUTHORIZATION TO AWARD A CONTRACT FOR THE SOUTH SHORE PHASE III ROAD IMPROVEMENT PROJECT Mr. Schofield introduced the agenda item. Mr. Riebe presented the staff report explaining that this was a road improvement project for South Shore. He pointed out that the section of the roadway between Indian Mound Road and 50th Street needed to be rebuilt and this work will correct it. Mr. Schofield pointed out that this was a sealed bid/low bid from a Palm Beach County company; however, the local preference did not come into play because it was the lowest bid. A motion was made by Vice Mayor Greene, seconded by Councilman Willhite, and unanimously passed (5-0) authorizing the award of the contract to Rosso Site Development, Inc., for the South Shore Phase III Road Improvement Project in the amount of $1,882,298.54. C. 15-309 ABANDONMENT OF A PORTION OF A LIMITED ACCESS EASEMENT ALONG GREENBRIAR BOULEVARD FOR REAR PROPERTY ACCESS FOR 14451 EQUESTRIAN WAY Mr. Schofield introduced the agenda item. Mr. Riebe presented the staff report. He highlighted the property, showed the site plan including the access point that was in question, explained the history of the site and the original permitting. He stated that staff was recommending denial for the following reasons: (1) conflicts with adopted policies at time of subdivision and current policies; (2) adversely impacts traffic and public safety especially since vehicles must either back in or back out of property and vehicles must stop in the through lane in order to open the gate; (3) located interior to a horizontal curve with limited site distance; and (4) allowing for the access point may set precedent.for additional access points along control access roadways within limited access easements further adversely impacting the roadway. Mr. Schofield said that he and Mr. Riebe had discussed this, and they had some recommendations for conditions if Council voted to approve the item. He noted that this was a policy decision by Council. The recommended conditions were: (1) the driveway apron would need to be paved; (2) the pathway would have to be reinforced; (3) this would be used once per week only to empty the manure bin; and (4) If the conditions were violated, the Village would remove the access. Mr. Riebe requested that an additional request be added: the gate would need to be offset so that there would be no backing in or out of the right-of-way. Mr. Richard Pinsky, representing the property owners, Jose Marois and Linda Village of Wellington Page 5 Village Council Action Summary - Final April 28, 2015 Evans, who were present, addressed Council. He said that they were not asking for special treatment but asked that Council consider the special and unique circumstances of the property. He spoke of the history of the property, the platting and permitting and what had been afforded to the previous owners. He spoke of how the owners had tried to comply,and the problems that they encountered. Mr. Pinsky said that they were fine with what had been laid out by Mr. Riebe, and agreed to the once per week removal of the manure during non-peak traffic times, the gate would be open which will open inward so there would be no reason to back in or out, and asked that during non-season the manure bin would be cleaned out only two times per month. He said that he understood Council's sensitivity about setting precedents, but he believed these particular circumstances were unique to warrant approval. Mr. Riebe addressed Council's concerns regarding enforcement, meeting current BMP standards and bringing non-conforming structures up to code, cost for improvements by owner, safety issues, liability to the Village, redesign of property, and setting a precedent. A motion was made by Councilman McGovern, seconded by Councilwoman Gerwig, and unanimously passed (5-0) to allow the limited abandonment with the conditions discussed by Council: (1) the driveway apron would need to be paved; (2) the pathway would have to be reinforced; (3) this would be used one (1) time per week only to empty the manure bin during season; and two (2) times per month off-season; (3) the manure bin will be brought to code; (4) the gate would need to be offset so there would be no backing in or out; (5) one violation would result in the removal of the access; and (6) an indemnification clause will be included. D. 15-290 RESOLUTION NO. R2015-30 (SPECIAL MAGISTRATES APPOINTMENTS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING THE APPOINTMENT OF SPECIAL MAGISTRATES TO HEAR AND DECIDE CODE ENFORCEMENT CASES PURSUANT TO SECTION 2-203 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. He announced that Council had been provided with the amended resolution that only reappoints Mr. Suarez-Rivas, and the new appointment will be brought back to Council when it has been further vetted. Ms. Rodriguez read the resolution by title. Mr. Koch presented the staff report explaining that the contracts for two of the four magistrates were about to expire. He stated that Mr. Doney indicated he was not seeking reappointment while Mr. Rivas expressed his desire to serve again. Staff recommended Mr. Rivas is reappointed to a second two-year term. Per Council's direction at the Agenda Review, staff will compile information from other jurisdictions concerning their Magistrate appointment process, their number of magistrates, and will advise Mr. Wagner that his appointment is on hold. Council had a lengthy discussion om the appointment of the magistrate, the following points were discussed: procedures outlined in AT and Resolution that the Village had not followed; to proceed with following that process and Village of Wellington Page 6 Village Council Action Summary - Final April 28, 2015 publish notice, number of special magistrates in other communities, oversight of special magistrate, previous ranking process, staff members to review applications; reappointment of Mr. Suarez-Rivas. and revising current policy. Public Comments Mr. Bart Novack. Mr. Novack thought that the Village should give others an opportunity to sit as Special Magistrates, and that if the Village did not follow its process, it needed to be corrected. A motion was made by Councilman Willhite, seconded by Vice Mayor Greene, reappointing Mr. Suarez-Rivas, and directing the Village Attorney to revise the current policy for special magistrates to include Council's recommendations and bring it back to Council for their review. E. 15-317 DISCUSSION OF A CODE COMPLIANCE FINE REDUCTION FOR 1580 WYNDCLIFF DRIVE Mr. Schofield introduced the agenda item. He explained that the staff recommendation was below the threshold they are permitted to approve. He said that the violations for this property date back 12-13 years which had been corrected at that time, but the owner never settled the costs. He further stated that the property is currently subject to a foreclosure as well as other legal issues. Staff felt that the $1,759 is appropriate to keep the owner in their home and avoid foreclosure proceedings. Councilman Willhite said he supported this since the violations had previously been resolved and the owner became compliant. He asked that staff work to find if there are cases similar to this and bring them forward. Councilwoman Gerwig wanted to see the Council's revise the 80% policy because she felt that something like this could have been addressed by the Code Enforcement Manager. A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, and unanimously passed (5-0) approving the reduction of the code compliance fines for 1580 Wyndcliff Drive to $1,759.00 as recommended by staff. 9. PUBLIC FORUM 1. Bart Novack, 15670 Cedar Grove Lane. Mr. Novack thought that people are entitled to have privacy on their property, and should not have to give up their land. With regard to the Saddle Trail Park South Road improvement project, he thought it should be reconsidered since 60% of the owners now don't support it. Mr. Novack thought that Special Magistrates do not have to assess the maximum fines. 2. BJ Kattel, 12197 Sunset Point Circle. Mr. Kattel said that he is a native of Nepal, and has been a resident of the Village for over 17 years. He spoke of the recent earthquake and the devastation it has caused to that country. He requested that the Council prepare a statement recognizing the disaster and damage to that country which he felt would provide some soothing relief to the Nepalese people living in Wellington whose families were affected by the earthquake. Mr. Schofield asked Mr. Kattel to speak with Mr. Barnes about his request. Village of Wellington Page 7 Village Council Action Summary - Final April 28, 2015 Vice Mayor Greene read the following card into the record: 1. Margaret Newman-Biggs. Ms. Biggs asked Council to make a motion to reconsider the vote taken on Resolution No. R2015-27 at the April 14, 2015 meeting on the Saddle Trail Park South assessments. 10. ATTORNEY'S REPORT No Report. 11. MANAGER'S REPORTS Mr. Schofield presented the following report: 1. The next Regular Wellington Council meeting is scheduled for Tuesday, May 12, 2015 in the Council Chambers at 7:00 p.m. 2. The Council meeting scheduled for September 8th conflicts with the County's budget hearing and needs to be changed. He noted that the Village cannot have their budget hearing on the same day as either the County, scheduled for September 8th or the School District, scheduled for September 9th. Staff recommended that the Council meeting be changed to Thursday, September 10th. The Council had already changed the September 22nd meeting to Thursday, September 24th because the 22nd date conflicts with Yom Kiippur. Council consensus was to change the Council meeting date from Tuesday, September 8th to Thursday, September 10th. 12. COUNCIL REPORTS Councilwoman Gerwig presented the following report: 1. Councilwoman Gerwig reported that she had participated in the Village's Great American Clean-Up Event. She noted that many residents had also helped with the clean-up. She complimented Code Enforcement and Neighborhood Services for their efforts in improving the appearance of the neighborhood. 2. She acknowledged Stan Kilbas, owner of Wheels of Wellington for his participation in the Village's bicycle assistance program. Vice Mayor Greene presented the following report: 1. He offered his prayers and sympathy to the families both in Nepal and those living here who are suffering from the loss and devastation resulting from the recent earthquake. He supported the Village showing support for those families who have been impacted by this tragedy. 2. Vice Mayor Greene reported that he had recently attended a Volunteer Luncheon for the Palm Beach County Sheriff's Office at the Palm Beach County Convention Center. He noted that Deputy Poratz was recognized for his contributions to the volunteer program: Citizens on Patrol in District 8. He said that it was a significant recognition among his peers, and he was happy to be there representing the Village and showing their support for him. 3. Vice Mayor Greene said that the Village has committed to participate in the 2016 Heart Walk noting that they have been working with the Village's Human Resources Department. He encouraged everyone to be involved either by walking or contributing. He said that the CEO of Wellington Regional Medical Village of Wellington Page 8 Village Council Action Summary - Final April 28, 2015 Center has taken a very active role in this noting that health care is one of Wellington's significant industries. He said in the past, the Village tried to support these types of causes in ways beside financial contributions. In an effort to bring awareness to the community for this event, he said that he wanted to request putting an insert in the utility bills. Councilwoman Gerwig questioned taking such action because there are so many other good causes. She said that she thought it would be better if they individually fundraised and participated rather than setting a precedent of doing this. Vice Mayor Greene thought the Village had set such a precedent when they supported the Chamber's request to include inserts in the utility bills supporting the equestrian activities. He said they not only included the insert, but they used staff time and resources and made a monetary contribution. He said that Council did not have to make a decision at this point, but he only brought it up for consideration. Councilman Willhite presented the following report: 1. He thanked the staff and Village for their participation in Earth Day. 2. He asked about the status of a previous request regarding drawings or an idea about a Senior Development or Senior Center. Mr. Schofield responded that they were in process, but were not yet completed. He said that he would have an answer the next day regarding the anticipated completion date. 3. Councilman Willhite reported that he had spoken that morning to the future leaders of the country at the Kings Academy. He noted how anxious they were to hear about politics, and he was inspired by the desire of these young people to be so involved. Councilman Wilhite noted that the students were making efforts to do a voter registration. 4. He reminded everyone that there will be a SR80 public meeting hosted by the Department of Transportation on May 8tth at 6:00 p.m. at Loxahatchee Groves Town Hall. He said that this project will directly affect the Village because it is the potential widening from Forest Hill Blvd. to Lion Country Safari. 5. He announced that he and Mr. Schofield had the opportunity to visit the new tennis center. He said he has asked when they would start working on the Community Center. He also wanted to verify that the seniors are meeting at the gym and everything is going smoothly for them there. Mr. Schofield responded affirmatively. He said that they have already starting removing things from the interior of the Community Center, and the salvageable vegetation was starting to be removed this week. It is anticipated demolition will start in June. 6. Councilman Willhite thought that the Village should draft a letter with the Mayor's signature to Mr. Jornayvas congratulating him and his team on winning the U.S. Polo Open. 7. Councilman Willhite invited everyone to the League of Cities Annual Installation Gala at the Kravis Center on May 20th where they will be installing a new Board of Directions. He noted that this will be his final term serving on the Board. 8. He wished all Mother's a Happy Mother's Day. Councilman McGovern presented the following report: Village of Wellington Page 9 Village Council Action Summary - Final April 28, 2015 1. He sent his prayers and condolences to the people of Nepal who were going through a tremendous natural disaster and time of great hardship. 2. He reminded everyone that the first of the K-Park meetings will be held on June 2nd in the Council Chambers at 7:00 pm. He said that it is important for the Village to receive input from the people and businesses of Wellington. 3. Councilman McGovern asked Ms. Cohen when was the last opportunity for residents to attend the Charter Review Task Force's meeting. Ms. Cohen said that the Charter Review Task Force will be meeting on Monday, May 4th at 4:00 p.m., and at 6:30 p.m., they will be hosting a joint meeting with the Equestrian Preserve Committee. She indicated that there was also a meeting scheduled for June. Councilman McGovern encouraged everyone to be involved in that process, as it is one that can change and impact the future of the Village. Mayor Margolis presented the following report: 1. He stated that he attended the Relay for Life event the past Saturday which he said was both heartfelt and well attended. He recognized the Wellington Chamber for their support of the event. Mayor Margolis announced that he had committed the Village to have a team in next year's event. 2. He requested that a discussion about the Village Manager's contract be placed on the next agenda for discussion. He noted that although the contract expires in February, it contains a clause that states if the Council does not take any action with the contract, it will automatically renew for one year. 3. He wished everyone a Happy Mother's Day. 13. ADJOURNMENT There being no further business to come before the Village Council, the meeting was adjourned. Village of Wellington Page 10