Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, May 12, 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 May 12, 2015 1. CALL TO ORDER Mayor Margolis called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Boy Scout Troop 125 led the Pledge of Allegiance. 3. INVOCATION Joel Kearns, Elders Quorum First Counselor, Wellington Ward of the Church of Jesus Christ of Latter-day Saints delivered the Invocation. 4. APPROVAL OF AGENDA Mr. Schofield presented the agenda for approving recommending approval with the following changes: 1.Move Regular Item 8A: Resolution No.. R2015-37 (Village of Wellington Town Center Plat) to Presentations and Proclamations as Agenda item 5B. 2. Add to the Regular Agenda "Council Review of a Fine Reduction Request for 1277 Essex Drive as item 8C. 3.Withdraw Consent Agenda item 6F: Authorization to Utilize a National Joint Powers Alliance (NJPA) Contract as a Basis for Pricing For An Update of the Existing Telephone System at the Lake Wellington Professional Center. 4.Move Consent item 6H: Resolution No. R2015-38 (Franchise Agreement between Wellington and Waste Management, Inc. of Florida for Solid Waste and Recyclable Materials Collection Services) to the Regular Agenda as item 8D. A motion was made by Councilwoman Gerwig, seconded by Councilman McGovern, and unanimously passed (5-0) approving the Agenda as amended. 5. PRESENTATIONS AND PROCLAMATIONS A. 15-316 PROCLAMATION RECOGNIZING THE LAKE WORTH DRAINAGE DISTRICT ON ITS CENTENNIAL ANNIVERSARY Mr. Schofield introduced the agenda item. Ms. Rodriguez read the Proclamation. Mr. Bob Brown, Executive Director, Lake Worth Drainage District, thanked the Council for the Proclamation recognizing the District on its Centennial Anniversary. He invited Council to attend their Centennial Anniversary celebration on June 17th. Council presented Mr. Brown with the Proclamation recognizing Lake Worth Drainage District on its Centennial Anniversary. A. 15-305 RESOLUTION NO. R2015-37 (VILLAGE OF WELLNGTON TOWN CENTER PLAT) Village of Wellington Page 1 Village Council Action Summary - Final May 12, 2015 A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ACCEPTING AND APPROVING THE VILLAGE OF WELLINGTON TOWN CENTER PLAT OF A 24.56 ACRE TRACT OF LAND LYING IN PORTIONS OF SECTION 10, 11 AND 15, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA. (THIS ITEM WAS PREVIOUSLY REGULAR AGENDA ITEM 8A AND WAS MOVED TO PRESENTATIONS). Mr. Schofield introduced the agenda item. Mr. Adams thanked Council for the recognition. He requested that the road be named "Ken Adams Way." Council each expressed their words of gratitude and recognition for the work that Mr. Adams has done and continues to do. A motion was made by Councilman Willhite, seconded by Vice Mayor Greene, and unanimously passed (5-0) approving Resolution No. R2015-37 and amending the plat renaming the roadway "Ken Adams Way". 6. CONSENT AGENDA Mr. Schofield introduced the Consent Agenda recommending approval as amended. The floor was opened up for public comments on the Consent Agenda. Mr. Tom Wenham. Mr. Wenham spoke on Consent Agenda Item #6B relating to the proposed Birkdale Landscape project. He expressed his thanks for this work and for freshening up the older parts of Wellington. He also thanked staff for the work that was being done on Wellington Trace and Birkdale Drive. A motion was made by Vice Mayor Greene, seconded by Councilman McGovern, and unanimously passed (5-0) approving the Consent Agenda as amended. A. 15-348 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF APRIL 14, 2015 This item was approved on Consent. B. 15-312 RESOLUTION NO. R2015-35 (WINDSOME ESTATES PLAT) A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ACCEPTING AND APPROVING THE WINDSOME ESTATES PLAT FOR A 41.664 ACRE PARCEL LYING IN A PORTION OF SECTION 28, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA. This item was approved on Consent. C. 15-221 AUTHORIZATION FOR PROPOSED DRAINAGE IMPROVEMENTS FOR THE 12th FAIRWAY AND THE EASTWOOD & Village of Wellington Page 2 Village Council Action Summary - Final May 12, 2015 YARMOUTH/FOLKESTONE COMMUNITIES This item was approved on Consent. D. 15-313 AUTHORIZATION FOR PROPOSED BIRKDALE LANDSCAPE PROJECT This item was approved on Consent. E. 15-229 AUTHORIZATION TO AWARD A CONTRACT FOR LANDSCAPING AT THE WATER TREATMENT FACILITY This item was approved on Consent. G. 14-855 RESOLUTION NO. R2015-36 (AUTHORIZATION TO AWARD A CONTRACT FOR THE MANAGEMENT AND MAINTENANCE OF THE TENNIS FACILITY) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING THE TENNIS CENTER MANAGEMENT AND MAINTENANCE AGREEMENT BETWEEN WELLINGTON AND CHEATHAM, INC.; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. F. 15-321 AUTHORIZATION TO UTILIZE A NATIONAL JOINT POWERS ALLIANCE (NJPA) CONTRACT, AS A BASIS FOR PRICING, FOR AN UPGRADE OF THE EXISTING TELEPHONE SYSTEM AT THE LAKE WELLINGTON PROFESSIONAL CENTER (LWPC) This item was withdrawn from the Agenda. 7. PUBLIC HEARINGS A. 15-284 ORDINANCE NO. 2015-02 (ZONING TEXT AMENDMENT OF WELLINGTON’S LAND DEVELOPMENT REGULATIONS ELIMINATING THE OUTDOOR ACTIVITY AREA REQUIREMENT FOR ADULT DAY CARES IN SECTION 6.4.4.34) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING SECTION 6.4.4.34.e.iii OF THE WELLINGTON LAND DEVELOPMENT REGULATIONS RELATED TO THE OUTDOOR ACTIVITY AREA REQUIREMENTS FOR ADULT DAY CARE FACILITIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. He explained that Council was presented with an amended ordinance per their discussions at the Agenda Review Meeting with the following amendment: add 1,000 square feet minimum requirement or 30 square feet per person which ever provides a Village of Wellington Page 3 Village Council Action Summary - Final May 12, 2015 larger areas as well as a waiver from those requirements if there is unusual circumstances. Mr. Stillings presented the staff report. Besides the amendments that were explained by Mr. Schofield, he noted that those changes were moved to a different section to better group that area of the code. Council also pointed out that staff needed to be consistent if they were going to use words and numbers. It appeared that in some instances words were crossed out while in other places the words were left in. Public Hearing A motion was made by Councilwoman Gerwig, 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 Vice Mayor Greene, seconded by Councilwoman Gerwig, and unanimously passed (5-0) to close the public hearing. A motion was made by Councilwoman Gerwig, seconded by Vice Mayor Greene, and unanimously passed (5-0) approving Ordinance No. 2015-02 on Second Reading with the amendments as presented by staff, and that staff correct any inconsistencies between using words and numbers throughout the ordinance. B. 15-286 RESOLUTION NO. R2015-16 (HOME AWAY FROM HOME DOA) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING AN AMENDED AND RESTATED DEVELOPMENT ORDER AMENDMENT (PETITION NUMBER 2014-26 DOA 4) FOR CERTAIN PROPERTY KNOWN AS HOME AWAY FROM HOME, LOCATED IN THE SOUTHEAST CORNER OF BINKS FOREST DRIVE AND BENT CREEK ROAD ON PROFESSIONAL WAY, AS MORE SPECIFICALLY DESCRIBED HEREIN; AMENDING THE DAY CARE CENTER CONDITIONAL USE (RESOLUTION NO. R2008-117) BY INCREASING THE ALLOWED CHILDREN FROM 171 TO 299 AND AMENDING CONDITIONS OF APPROVAL; 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. Since this item is quasi-judicial, Ms. Cohen administered the oath to all those who indicated they would be speaking on it. Ex-Parte Communications Each member of Council disclosed any ex-parte communications they may had relating to this item. Mr. Bob Basehart presented the staff report. Ms. Andrea Troutman, the Village's Traffic Consultant, addressed traffic concerns. Mr. Bill Riebe Village of Wellington Page 4 Village Council Action Summary - Final May 12, 2015 addressed the concern regarding the limited access easement. Ms. Michelle Hoyland, Land Design South, Agent for the applicant presented the requested conditional use to Council. Ms. Larissa Silva, owner, Home Away From Home also addressed Council. 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 Councilwoman Gerwig, and unanimously passed (5-0) to close the Public Hearing. A motion was made by Councilman Willhite approving Resolution No. R2015-16 with the following amendments: (1) Condition #5: define the Circulation Plan that was provided by Land Design South is followed; (2) Condition #6: define that there will be a staff member during the peak hours in the morning from 7:30 a.m. to 9:00 a.m. and the hour in the afternoon will be defined by staff and the applicant relating to their busiest peak hour; and (3) the corrections to the square footage changing the original approval from 8,418 square feet to 9,043 square feet which includes the 425 square feet (5% increase in floor area permitted by Code); and the 5,643 now being requested will bring the total square footage to 14,686 square feet. Vice Mayor Greene said he would second the motion if Councilman Willhite was willing to amend his motion to include that the Village Engineer shall process an abandonment of the limited access easement opening along Binks Forest Drive for Village Council final approval at the May 26th meeting on the Consent Agenda. Councilman Willhite agreed to the amendment. The amended motion was voted on and was unanimously passed (5-0). 8. REGULAR AGENDA B. 15-352 DISCUSSION OF THE VILLAGE MANAGER’S EMPLOYMENT AGREEMENT Mr. Schofield introduced the agenda item. Mayor Margolis led the discussion. Council discussed the item. Consensus was that they would pospone making any decision at this time, and would discuss it again in the July timeframe and make a decision regarding the Village Manager's contract at that time. In the meantime, staff will provide to Council comparison of other Manager's contracts, and cost for the items included in the contract as directed at the Agenda Review Meeting. 9. PUBLIC FORUM At this time, the members of Boy Scout Troop 125 asked questions of Council in order to receive their government merit badge. Village of Wellington Page 5 Village Council Action Summary - Final May 12, 2015 C. 15-357 COUNCIL REVIEW OF A FINE REDUCTION REQUEST FOR 1277 ESSEX DRIVE. Mr. Schofield introduced the agenda item. Mr. Koch presented the staff report. He distributed copies of the lender agreement, the contract as well as the signed stipulation agreement. He noted that the seller had requested that they complete the work in 140 days rather than 90 days which staff accepted. The agreement will be presented to the Special Magistrate. A motion was made by Vice Mayor Greene, seconded by Councilman McGovern, and unanimously passed (5-0) approving the Code Fine Reduction settlement of $3,000 as recommended by staff for 1277 Essex Drive. D. 15-301 RESOLUTION NO. R2015-38 (FRANCHISE AGREEMENT BETWEEN WELLINGTON AND WASTE MANAGEMENT, INC. OF FLORIDA FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICES) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A FRANCHISE AGREEMENT BETWEEN WELLINGTON AND WASTE MANAGEMENT, INC. OF FLORIDA TO PROVIDE SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICES AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the Agenda item. Ms. Rodriguez read the resolution by title. Mr. De La Vega presented the staff report. A motion was made by Councilman McGovern, seconded by Vice Mayor Greene, and unanimously passed (5-0) approving Resolution No. R2015-38 as presented. 10. ATTORNEY'S REPORT Ms. Cohen: No Report. 11. MANAGER'S REPORTS Mr. Schofield presented the following report: • The next Regular Council meeting will be held on Tuesday, May 26, 2015 at 7:00 p.m. here in the Council Chambers. • He announced that the Agenda Review for the May 26th meeting was scheduled for Monday, May 25th which is Memorial Day. He said direction was needed from Council whether they wanted the meeting rescheduled. Council consensus was not to reschedule the meeting. Council indicated they would meet individually with staff members if they had questions on any Village of Wellington Page 6 Village Council Action Summary - Final May 12, 2015 agenda items. • Wellington high schools will be holding their annual Project Graduation events at Village Park. Palm Beach Central High School will hold their event on Wednesday, May 20th and Wellington High School’s event will be held on Thursday, May 21st. • The Memorial Day Parade and Ceremony will be held on Monday, May 25th beginning at 8:15 a.m. in the Village Hall Parking lot with the ceremony immediately following at 8:30 a.m. at the Veterans Memorial. • The first of a series of K-Park Town Hall meetings is scheduled for Tuesday, June 2nd at 7:00 p.m. in the Council Chambers. The other meetings that are scheduled are: July 21st at Polo Park Middle School, August 4th at Wellington Landings Middle School, and September 18th in the Council Chambers. 12. COUNCIL REPORTS Councilwoman Gerwig presented the following report: • With regard to the K-Park meetings, Councilwoman Gerwig asked what measures the Village was taking to notify the residents of the meetings. Mr. Schofield stated that the Village will be advertising the information on the website, the social media accounts, community signs, and will be contacting the Homeowners Associations. There will be an HOA newsletter going out. • Councilwoman Gerwig stated that she noticed the Village’s social media presence, and thought the new approach was working out very well since residents were finding out information there instead of contacting her. • Councilwoman Gerwig said that she had attended Judge Coates’ investiture which was a very nice ceremony. • She stated that the Memorial Day parade is a very somber one, but praised the Village for coming together and presenting it in such an honorable way. Councilwoman Gerwig thanked Councilman Willhite for his participation in the Honor Flights and for his service to the country. Vice Mayor Greene presented the following report: • Vice Mayor Greene reported that there had been another serious traffic accident at Stribling and Pierson Road the other evening. Considering the number of accidents that have occurred there, he believed that something needed to be done there until a formal decision is reached on what traffic calming device is located there. Mr. Schofield advised Council that staff has completed a design for a round-about as well as one for a traffic signal. He said staff is looking at funding to get that accomplished this year before they get into next year’s budget. Mr. Schofield committed to present those designs to Council the first week in June, with costs and some suggestions for funding. • He noted that Mr. Kattell, a native of Nepal spoke at the last Council meeting regarding the recent earthquake. He said that he learned that there was another earthquake in that area that day. Vice Mayor Greene said that there was discussion for the Village to do something to recognize the devastation in that area. Mr. Barnes said that staff has spoken with Mr. Kattell and he was reviewing the Proclamation/Resolution that the Village was putting together which would Village of Wellington Page 7 Village Council Action Summary - Final May 12, 2015 bring attention to that area and identify some local points of contact for humanitarian aid. He said that will be presented at the next Village Council meeting. • He said that he was very proud of his daughter who will be graduating from high school on May 20th. Vice Mayor Greene's daughter will be attending the University of North Florida in the summer. • Vice Mayor Greene recognized Tim Stillings, the Village’s Planning Director, who will be leaving the Village. He praised him for doing an admirable job in his position as well as his service to t he community. He thanked him for always maintaining a professional demeanor and wished his luck in his new role in Delray Beach. • Vice Mayor Greene announced that he would be attending the Memorial Day Parade, and hoped everyone will be able to attend it. • He congratulated Mr. George Linley, Executive Director, Palm Beach County Sports Commission for the write-up on him in the Palm Beach Post. Vice Mayor Greene said that Mr. Linley has been a great partner for Wellington trying to attract different sports activities noting that his efforts have brought in thousands of people to Wellington. • He asked for the status on the Wellington Community Foundation. Ms. Cohen explained that they are getting close to what is needed from the IRS on the reclassification of the 501c3. • Vice Mayor Greene asked if the Spring Barbecue on May 28th from 12:00 to 1:30 p.m. was an employee event. Mr. Schofield explained that the Spring Barbecue is an employee event. He further explained that normally one such event was held each year; however, Council requested that a second event be held. He hoped everyone will attend. • Vice Mayor Greene said that he liked some of the things on the social media LinkedIn. He noted that there were some interesting things, particularly for graduates. He said that there was an interesting story “If I was 22” as well as some interesting stories talking about people, where they are today, and the successes in their career. He thought it would be inspirational for all the graduates. He extended his congratulations to all of the graduates on their success and wished them good luck. Councilman Willhite presented the following report: • Councilman Willhite announced that he had appointed Linda Haunert to the Tree Board. • He welcomed everyone to the Village’s Memorial Day parade and ceremony. • Councilman Willhite said that there is a Veterans Open House on June 4th at the Village Park Gym. This open house provides veterans with information relative to services, contacts, and other pertinent information as well as fellowship with other veterans. He thought it was a great thing that the American Legion was doing by continuing to look out and assist veterans. • With the closing of the Wellington Community Center, Councilman Willhite asked if all activities would be held at the Village Park Gym. Mr. Schofield said that almost all activities will be held at the Gym. He said that if anyone has a question as to where their activity is being held, they should call the Village who can provide that information. Village of Wellington Page 8 Village Council Action Summary - Final May 12, 2015 • He said that the Rotary Club will be holding a “shredding” fundraiser on Saturday, May 16, 2015 in the Village Hall Parking lot. • Councilman Willhite asked Mr. Schofield for the status on the site plan and other information regarding a senior development. Mr. Schofield apologized for the delay explaining that he thought that work was farther than it was, and noted that they will be sending some of that out. He stated that they will be looking at some different options: single family homes; zero lot lines, garden apartments, patio homes and one other with densities that run from as low as 5 units/acre to a high of about 12 units/acre. Councilman Willhite felt that this is a serious issue that needs to be worked on, and come to fruition. Councilman McGovern presented the following report: • Councilman McGovern thanked the Boy Scouts for attending the meeting. He thought their questions were well-written, and he hoped they got something out of seeing the process. He encouraged more students from the Village’s high schools and community organizations to attend the meetings because he believed it could have a great impact for them to learn about government at such a young age. • He said that since his appointment to Council, there has been a lot of discussion about K-Park. He reiterated that there was going to be four town hall meetings where the Village will be taking input from the residents to provide guidance as well as what they would like to see happen at that site. He hoped that everyone who had attended the meeting in January will attend the scheduled meetings. Councilman McGovern said the input is important so that Council can get as much information as possible regarding what people want not only for K Park, but for the future of the Village. • He announced that he and his family will attend the Memorial Day Parade and Ceremony. • He extended his congratulations to the graduates. • Councilman McGovern expressed his thanks to Mr. Stillings and wished him the best of luck in Delray Beach. Mayor Margolis presented the following report: •Mayor Margolis reported that he was contacted by the Chair of the Public Safety Committee that they have several vacancies. He said the Chairperson advised him that because of those vacancies they were unable to hold their last meeting because they did not have a quorum. Ms. Rodriguez advised Council that staff would get that information out to them the next day. Mayor Margolis requested that Ms. Rodriguez also look at the Senior Advisory Committee as he believed there were also some vacancies on that committee. • He reported that he was asked to prepare an “Attendee” list for Memorial Day. He asked Council to provide names to Kathy Adler of any people they would like to attend the Memorial Day Ceremony. He also asked Councilman Willhite to take the lead on running the Memorial Day event, and to meet with staff to determine the agenda. He expressed his thanks to Councilman Willhite for his service to the country. Village of Wellington Page 9 Village Council Action Summary - Final May 12, 2015 13. ADJOURNMENT NOTICE Village of Wellington Page 10