Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, August 25, 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 August 25, 2015 1. CALL TO ORDER Mayor Margolis called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Margolis called upon several young children from the audience to lead the Pledge of Allegiance. 3. INVOCATION Rev. Mark Caldwell, St. Peter's United Methodist Church, Wellington delivered the Invocation. 4. APPROVAL OF AGENDA Mr. Schofield presented the agenda recommending approval. A motion was made by Councilwoman Gerwig, seconded by Mayor Margolis, and unanimously passed (5-0) approving the agenda as presented. 5. PRESENTATIONS AND PROCLAMATIONS A. 15-622 PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA RECOGNIZING WELLINGTON WILD '01 BECOMING THE 14B USSSA ROAD TO ORLANDO WORLD SERIES CHAMPIONS AND FOR THEIR OUTSTANDING PLAY IN THE USSSA WORLD SERIES Mr. Schofield introduced the Agenda item. Ms. Rodriguez read the Proclamation. Coach Matt Estes spoke about the accomplishments of his team. Each Councilmember extended their congratulations and praised the team for their accomplishments. Council presented the Proclamations to the Coaches and members of the team. 6. CONSENT AGENDA Mr.. Schofield introduced the Consent Agenda recommending approval as presented. A motion was made by Councilwoman Gerwig, seconded by Councilman McGovern, and unanimously passed (5-0) approving the Consent Agenda as presented. Public Comments on the Consent Agenda Mr. Houston Meigs spoke in opposition to Consent Agenda 6J: Supplemental Village of Wellington Page 1 Village Council Action Summary - Final August 25, 2015 Local Agency Program Agreement with the Florida Department of Transporation for the Flying Cow Road Greenway Project. He opposed the shelter being placed on Flying Cow Road which he said was against the resolution that had approved that project. A. 15-488 AUTHORIZATION TO CONTINUE UTILIZING REVENUE GENERATING CONTRACTS FOR CHEER AND DANCE, SWIMMING, TUMBLE TOTS, TAEKWONDO AND WELLINGTON SOCCER This item was approved on Consent. B. 15-336 AUTHORIZATION TO CONTINUE UTILIZING CONTRACTS TO PROVIDE ATHLETIC TEAM OFFICIATING SERVICES This item was approved on Consent. C. 15-377 AUTHORIZATION TO RENEW AN EXISTING AGREEMENT TO PROVIDE AQUATIC VEGETATION CONTROL TO CANALS AND LAKES VILLAGE-WIDE This item was approved on Consent. D. 15-502 AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH ROBERTSON RECREATIONAL SURFACES, INC., TO SUPPLY AND INSTALL SYNTHETIC AND POURED IN PLACE SURFACING AT SCOTT’S PLACE PLAYGROUND, UTILIZING A CLAY COUNTY CONTRACT, AND A VILLAGE COUNCIL AWARDED CONTRACT, AS A BASIS FOR PRICING This item was approved on Consent. E. 15-340 AUTHORIZATION TO AWARD A SOLE SOURCE CONTRACT FOR THE PURCHASE OF BADGER WATER METERS AND COMPONENTS This item was approved on Consent. F. 15-335 AUTHORIZATION TO UTILIZE A PALM BEACH COUNTY CONTRACT, AS A BASIS FOR PRICING, WITH ALLIED UNIVERSAL CORPORATION, FOR THE PURCHASE AND DELIVERY OF SODIUM HYPOCHLORITE This item was approved on Consent. G. 15-586 RESOLUTION NO. R2015-63 (ZACARA FARM PLAT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ACCEPTING AND APPROVING THE ZACARA FARM PLAT FOR A 102.8067 ACRE PARCEL LYING IN SECTION 34, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA. Village of Wellington Page 2 Village Council Action Summary - Final August 25, 2015 This item was approved on Consent. H. 15-608 RESOLUTION NO. R2015-67 (VILLAGE GREEN CENTER REPLAT) A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ACCEPTING AND APPROVING THE VILLAGE GREEN CENTER REPLAT LYING IN SECTION 13, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA, BEING A REPLAT OF VILLAGE GREEN CENTER, AS RECORDED IN PLAT BOOK 115, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. This item was approved on Consent. I. 15-601 RESOLUTION NO. R2015-68 (ABANDONMENT OF A PORTION OF THE LIMITED ACCESS EASEMENT ALONG SOUTHFIELDS ROAD) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ABANDONING A PORTION OF THE LIMITED ACCESS EASEMENT ALONG SOUTHFIELDS ROAD; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. J. 15-602 SUPPLEMENTAL LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE FLYING COW ROAD GREENWAY PROJECT This item was approved on Consent. K. 15-590 RESOLUTION NO. R2015-64 (ANNUAL LISTING OF PROCLAMATIONS) A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL AUTHORIZING THE MAYOR TO EXECUTE CERTAIN PROCLAMATIONS FOR FISCAL YEAR 2015/2016; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. L. 15-594 RESOLUTION NO. R2015-65 (REGULAR COUNCIL MEETING SCHEDULE) A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ADOPTING A SCHEDULE FOR REGULAR COUNCIL MEETINGS FOR 2015/2016; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. M. 15-597 CERTIFICATES OF CORRECTION FOR NON-AD VALOREM Village of Wellington Page 3 Village Council Action Summary - Final August 25, 2015 ASSESSMENTS This item was approved on Consent. 7. PUBLIC HEARINGS A. 15-569 RESOLUTION NO. AC2015-11 (ADOPTING THE BUDGET AND ASSESSMENT RATE FOR THE ACME IMPROVEMENT DISTRICT) A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ACME IMPROVEMENT DISTRICT ADOPTING THE DISTRICT BUDGET AND NON-AD VALOREM ASSESSMENT ROLL AS PROVIDED HEREIN; LEVYING OF THE NON-AD VALOREM ASSESSMENTS FOR THE DISTRICT AND APPOINTING AN AUTHORIZED REPRESENTATIVE OF THE DISTRICT FOR CERTIFICATION OF THE DISTRICT’S NON-AD VALOREM ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the agenda item. Ms. Quickel presented the staff report. Public Hearing A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, 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 Councilwoman Gerwig, seconded by Vice Mayor Greene, and unanimously passed (5-0) approving Resolution No. AC2015-11 as presented. 8. REGULAR AGENDA A. 15-379 AUTHORIZATION TO RENEW AN EXISTING AGREEMENT FOR LOBBYING SERVICES Mr. Schofield introduced the agenda item. A motion was made by Councilman Willhite seconded by Vice Mayor Greene and unanimously passed (5-0) authorizing the renewal of an existing agreement for Lobbying Services. B. 15-378 AUTHORIZATION TO RENEW THE CONTRACT WITH BLACK FOREST ENTERPRISES, INC.(DBA GARDENSCAPES OF THE PALM BEACHES) FOR LANDSCAPE MAINTENANCE SERVICES OF ALL PARKS VILLAGE-WIDE Mr. Schofield introduced the agenda item. Village of Wellington Page 4 Village Council Action Summary - Final August 25, 2015 A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, and unanimoulsy passed (5-0) authorizing the renewal of the cojtract with Black Forest Enterprises. 9. PUBLIC FORUM There were no public comments. 10. ATTORNEY'S REPORT Ms. Cohen presented the following report: • She advise Council that the Petition for Writ of Certiorari filed by Palm Beach Polo Holdings, Inc. against the Village of Wellington was denied by the court today. She reminded Council that was a situation during a replat where the Village staff noticed that there had been a material omission or misrepresentation in the site plan amendment. She said that staff recommended that it be decertified, and there was a hearing before the Planning, Zoning & Adjustment Board. After hearing all of the evidence, the Board decertified it and remanded it to the Development Review Committee (DRC). Rather than going to DRC to reprocess the site plan amendment, Palm Beach Holdings filed the Petition for Writ of Certiorari, and the decision that was made was in favor of the Village. Councilwoman Gerwig asked if they would be able to file it in Circuit Court or was this the end of the road. In response, Ms. Cohen said that this was a petition to the Appellate Division of the Circuit Court. Because it was a per curiam affirmed, it would be inappropriate for them to file any appeal from this order. Vice Mayor Greene asked if the Village was pulling the bond or did they have a time certain condition to build that road. Ms. Cohen indicated that she believed Mr. Riebe will advise them that their deadline for building a road is December 31st. She indicated there is a bond, and if the road is not built timely, then she was sure Mr. Riebe would take the necessary steps. Vice Mayor Greene thought when they did the replat that strip of land that was in question was not platted, and asked if there was anything that was coming back. Ms. Cohen stated that the applicant had gone forward after that with a second amended site plan and a replat which was recorded, and they have taken actions in furtherance of that. She said that the Village contended and raised to the court that those actions essentially mooted the case; however, the Court wanted to have the briefing done, and they have now issued the order. Councilman Willhite recalled that it was brought back and Council was shown where the correct location of a roadway would be, and asked if they were contesting that it should not be there. Ms. Cohen said that they had amended it to be correct, but she believed there was a road that still had to be built. Councilman Willhite said that they had showed it at one time, and would not construct it until this happened. Since the Village prevailed, they can now move forward with the plat they have and build that road by December 31st or the Village will pull the bond and construct the additional roadway with that bond. Ms. Cohen said that was correct and it restores the direct access to the Chukker Holdings property. Village of Wellington Page 5 Village Council Action Summary - Final August 25, 2015 Mayor Margolis said that this misrepresentation case came out of the Planning, Zoning & Adjustment Board. Ms. Cohen responded affirmatively noting that it was held by them out of an agreement of the parties. They then appealed the PZAB decision to the Circuit Court and filed a Petition for a Writ of Certiorari. Mayor Margolis asked how much bond money the Village had. Ms. Cohen said that she did not know, but Vice Mayor Greene thought it was in the neighborhood of $450,000. Mayor Margolis asked Ms. Cohen to find out how much it cost the Village to defend the Planning, Zoning & Adjustment Board. Ms. Cohen said that she would obtain that information. Mayor Margolis asked if Mr. Riedi defended the Village at the Planning and Zoning meeting. Ms. Cohen believed that Mr. Doney represented the Village and presented testimony as well as a number of people testified on behalf of the Village. 11. MANAGER'S REPORTS Mr. Schofield presented the following report: • The next Regular Council meeting will be held on Thursday, September 10th at 7:00 p.m. in the Council Chambers. He said it was changed from Tuesday to Thursday to avoid a conflict with either the School Board or the County noting that the Village cannot hold their budget hearings on the same day as either the County or the School Board. • Other important meetings in September are: Monday, September 1st at 5:00 p.m. Capital Improvements Workshop for the unfunded projects. Monday, September 1st at 6:00 p.m. Charter Review Workshop Monday, September 8th at 7:00 p.m. K-Park Town Hall Meeting at Village Hall • There will be a parade honoring the Wellington Little League Intermediate All Star Team and the Wellington Wild 01 Girls Softball Team on their national titles which will be held on Saturday, August 29th. The parade will start at 7:30 p.m. at Village Hall and will end with a ceremony at the Amphitheatre. A Billy Joel Tribute Concert will follow the ceremony at 8:00 p.m. • Village Offices will be closed on Monday, September 7th in honor of Labor Day. • Village Park, Community Park, Wellington Green Park, Scott’s Place and Tiger Shark Cove playgrounds will be open from 8 am to 5 pm on Labor Day. The ballfields at Olympia Park and Tiger Shark Cove will be closed. • The 9/11 ceremony will take place on Friday, September 11th at 6:00 p.m. at the Patriot Memorial. 12. COUNCIL REPORTS Councilwoman Gerwig presented the following report: • She reported that she will be attending Parents Weekend at UCF, and she would be unable to attend the fundraiser event “Putting for Patients.” She hoped that the rest of Council will be able to attend. She also reported that she would also not be able to attend the CAFCI’s event. • She said she spoke with the Mayor of Apopka at the League of Cities event. He told her about Wellington’s baseball team as they had played at Apopka’s fields at the Regional event. The Mayor praised Wellington’s team for their sportsmanship and was impressed with them. • Councilwoman Gerwig asked Ms. Cohen to advise her about the Sunshine Law as it impacts their conversations outside of the public meeting relating to Village of Wellington Page 6 Village Council Action Summary - Final August 25, 2015 the contracts for the Manager and Attorney. Ms. Cohen recommended that Council not discuss those contracts because even know they would not be voting on the evaluations, the evaluation could lead to a vote for or against retaining either the Manager or the Attorney. It would be inappropriate for them to discuss that outside of Sunshine. Vice Mayor Greene presented the following report: • He recognized and congratulated the Wellington Wild 01 team for representing the Village so well. He also thanked the families of the girls for their support. Councilman Willhite presented the following report: • He thanked the Sheriff Deputies and Crossing Guards for their work during the first week of school. • He asked if the Village Attorney’s evaluation was tied to the budget or prior to the renewal of her contract. Ms. Cohen stated that she believed her evaluation was tied to her performance noting that her contract expires in March. She said that it is generally done in conjunction with the budget process because if there was going to be any change in compensation or benefits; it would have to be done at that time. Councilman Willhite believed that would be the most relevant time to do it in the event there were any changes in salary. • Councilman Willhite encouraged the residents to continue to participate in the Village’s Budget Challenge which can be found on the website. •He said he was excited about having the parade recognizing the boys and girls teams noting they have never really had such an event. He hoped to see everyone come out and help recognize these kids. • He recognized the Village’s Parks and Recreation Department for their FFEA Sunsational Awards for 2015. He said that the Village has so many things going on, and he wanted to see their programs being recognized. • Councilman Willhite said that the County’s ordinance no longer allowed the firefighters to collect donations for Muscular Dystrophy on street corners as they have done in the past over the Labor Day weekend. He said that the firefighters have been able to work something out with the Publix Corporate Office who will allow them to collect donations in front of every Publix in Palm Beach County over that weekend. He voiced his appreciation to Publix Corporation for allowing them to collect the funds in front of their stores. Councilman McGovern presented the following report: • He thanked the principals and teachers for their efforts during the first week and a half of school. He also thanked them for all that they do for the kids. • Councilman McGovern hoped that there will be a huge neighborhood turnout on Saturday for the parade to as they recognize the Little League Intermediate Team and the Wellington Wild 01 team. • He wished everyone a safe Labor Day • He wished a belated Happy Birthday to Mr. Schofield. Mayor Margolis presented the following report: • With regard to appointing someone to negotiate Mr. Schofield’s contract, he asked Council to consider some things and not make that appointment that night. He explained that he had the opportunity to do some research over the last couple of days and looked at how other municipalities handled negotiating Village of Wellington Page 7 Village Council Action Summary - Final August 25, 2015 the manager’s contract which he said he will share with Council through staff. Mayor Margolis said that he has been involved in negotiating three Village Manager contracts which is difficult yet rewarding. He explained some of the different ways that other municipalities negotiate their manager’s contract, i.e., negotiating it at a Council meeting, selecting two Council members working individually, Council-appointed panel. He said that he was not advocating for any of these other methods nor was he saying the Village’s process was incorrect, but he only thought perhaps there was another way that the Council could or should be look at negotiating Mr. Schofield’s contract. Mayor Margolis said after his initial research, he found that the method used by the Village is the minority. He asked that this be placed as an agenda item on September 10th at which time they will have a chance to further discuss this, and then decide on the method they should use to negotiate the contract. Councilwoman Gerwig asked how the two-Council member method would function. Mayor Margolis explained that there would be two Councilmembers. Councilmember A would sit down and negotiate a contract with the Manager; and Councilmember B would do the same thing, but not at the same time. Ms. Cohen raised concerns about the two-Council method because she felt that it would place the Manager in an odd position of trying not to be a facilitator for discussions that have occurred between one Councilmember and the other. She said that it would be something that would have to be done very carefully. Mayor Margolis said that he also found an option of having the City Attorney negotiate the contract with the Village Manager and then the Attorney would make the presentation to Council. He said he was not trying to reinvent the wheel, but reiterated that there are other options that Council might want to consider instead of just appointing a point person to negotiate the contract. Mayor Margolis asked that they look at the information, and if they decide that they want to appoint one person, then they should select that person at the next Council meeting and start moving forward. Ms. Cohen asked Mayor Margolis if he wanted her to conduct research on the process followed by other municipalities. Mayor Margolis responded affirmatively. He suggested that Lynn Tipton from the Florida League of Cities may be a good person for Ms. Cohen to contact. • He stated that he and his wife would be celebrating their 42nd wedding anniversary the next day, and he wished her a Happy Anniversary. 13. ADJOURNMENT Village of Wellington Page 8