Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, October 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 October 27, 2015 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 Ronda Nevera, LifeChurch.tv, Wellington, delivered the invocation. 4. APPROVAL OF AGENDA Mr. Schofield presented the agenda recommending approval as amended: 1) Add to Presentations and Proclamations as item 5B - Presentation and Proclamation Recognizing October 2015 as National Breast Cancer Awareness Month and October 16th as National Mammography Day in the Village of Wellington; and 2) Add to Presentations and Proclamations as item 5C – Presentation by Dr. Avossa, Superintendent of the School District of Palm Beach County. A motion was made by Councilman McGovern, seconded by Councilman Willhite, and unanimously passed (5-0), to approve the Agenda as amended. 5. PRESENTATIONS AND PROCLAMATIONS A. 15-755 RECOGNITION OF CHRISTINA COONEY FOR HER SILVER AND BRONZE MEDAL WINS AT THE SPECIAL OLYMPICS WORLD GAMES Mr. Schofield introduced the item. Ms. Rodriguez read the Proclamation. Ms. Ruth Menor from Vinceremos thanked the Wellington community for their support. She spoke about Ms. Cooney's background and her accomoplisments at the Special Olympics World Games. Council presented the proclamation to Ms. Cooney. B. PRESENTATION AND PROCLAMATION RECOGNIZING OCTOBER 2015 AS NATIONAL BREAST CANCER AWARENESS MONTH AND OCTOBER 16TH AS NATIONAL MAMMOGRAPHY DAY IN THE VILLAGE OF WELLINGTON Mr. Schofield introduced the item. Ms. Rodriguez read the proclamation. Mayor Margolis spoke about his wife's fight with breast cancer. Mrs. Linda Margolis accepted the Proclamation on behalf of the women who did not survive their fight with breast cancer and those who are still fighting. Village of Wellington Page 1 Village Council Action Summary - Final October 27, 2015 C. PRESENTATION BY DR. AVOSSA, SUPERINTENDENT OF THE Mr. Schofield introduced the item. He indicated Dr. Matthew Shoemaker, Area Superintendent, and Dr. Robert Avossa, Superintendent of the School District of Palm Beach County, were in attendance. Dr. Avossa addressed Council and thanked them for their investments in the public schools. He spoke about his background and his plans for the future. Public Comments 1. Bobby Munden. Mr. Munden spoke about some of the issues with the Wellington schools. 6. CONSENT AGENDA Mr. Schofield presented the agenda recommending approval as presented. A motion was made by Councilwoman Gerwig, seconded by Councilman McGovern, and unanimously passed (5-0), approving the Agenda as presented. A. 15-788 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF SEPTEMBER 10, 2015 AND SEPTEMBER 24, 2015 This item was approved on Consent. B. 15-733 AUTHORIZATION TO AWARD A CONTRACT FOR THE ROOF REPLACEMENT AT VARIOUS BUILDINGS This item was approved on Consent. C. 15-794 RESOLUTION NO. R2015-79 (PALM BEACH COUNTY SHERIFF’S OFFICE DISTRICT 8 WELLINGTON REQUEST FOR USE OF LAW ENFORCEMENT TRUST FUNDS (LETF) FOR THE PURCHASE OF TLO DATABASE ACCESS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE PUBLIC SAFETY SUB-FUND BUDGET FOR FISCAL YEAR 2015/2016 BY COMMITTING MONIES FROM PRIOR YEAR REVENUES TO OPERATING EXPENSE FOR THE PURCHASE OF TLO DATABASE ACCESS; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. D. 15-796 RESOLUTION NO. R2015-80 (PALM BEACH COUNTY SHERIFF’S OFFICE DISTRICT 8 WELLINGTON REQUEST FOR USE OF LAW ENFORCEMENT TRUST FUNDS (LETF) FOR THE PURCHASE OF CLEAR ONLINE DATABASE ACCESS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL Village of Wellington Page 2 Village Council Action Summary - Final October 27, 2015 AMENDING THE PUBLIC SAFETY SUB-FUND BUDGET FOR FISCAL YEAR 2015/2016 BY COMMITTING MONIES FROM PRIOR YEAR REVENUES TO OPERATING EXPENSE FOR THE PURCHASE OF CLEAR ONLINE DATABASE ACCESS; AND PROVIDING AN EFFECTIVE DATE. This item was approved on Consent. Mr. Schofield presented the agenda recommending approval as presented. A motion was made by Councilwoman Gerwig, seconded by Councilman McGovern, and unanimously passed (5-0), approving the Agenda as presented. 7. PUBLIC HEARINGS A. 15-754 RESOLUTION NO. R2015-78 (THE RIDGE EQUESTRIAN SPECIAL PERMIT 2015/2016) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AN EQUESTRIAN SPECIAL PERMIT FOR THE RIDGE AT WELLINGTON LOCATED AT 14415 AND 14535 PALM BEACH POINT BOULEVARD FOR EQUESTRIAN SHOWS FROM DECEMBER 12, 2015 TO MARCH 29, 2016; AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. Ms. Rodriguez read the resolution by title. At this point, Ms. Cohen swore in those individuals who would be providing testimony concerning this matter. Ex-Parte Communications Council each disclosed that they had no Ex-Parte Communications relative to this item. Mr. Basehart presented the agenda item. Public Hearing A motion was made by Councilman McGovern, seconded by Councilwoman Gerwig, 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 Councilman McGovern, and unanimously passed (5-0) to close the Public Hearing. A motion was made by Vice Mayor Greene, seconded by Councilwoman Gerwig, and unanimously passed (5-0) to approve Resolution No. R2015-78 as presented. B. 15-813 ORDINANCES APPROVING REFERENDUM QUESTIONS AMENDING THE VILLAGE CHARTER Village of Wellington Page 3 Village Council Action Summary - Final October 27, 2015 Mr. Schofield presented the item. Ms. Cohen indicated the Ordinances would require Public Hearings. She thought Council could combine them into one hearing and then do a separate motion for each Ordinance. She then presented each ordinance for discussion. 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 Councilwoman Gerwig, seconded by Vice Mayor Greene, and unanimously passed (5-0) to close the Public Hearing. Ordinance No. 2015-15 A motion was made by Vice Mayor Greene, seconded by Councilman McGovern, and passed (3-2) with Mayor Margolis and Councilman Willhite dissenting, to approve Ordinance No. 2015-15 as presented on First Reading. Ordinance No. 2015-16 A motion was made by Councilman Willhite, seconded by Vice Mayor Greene, and unanimously passed (5-0) to approve Ordinance No. 2015-16, protecting the Equestrian Preserve Area as presented on First Reading. Ordinance No. 2016-17 A motion was made by Councilman Willhite, seconded by Councilman McGovern, and unanimously passed (5-0) to approve Ordinance No. 2016-17, the Canvassing Board as presented on First Reading. Ordinance No. 2015-18 A motion was made by Councilman Willhite, seconded by Vice Mayor Greene, and unanimously passed (5-0) to approve Ordinance No. 2015-18 as presented on First Reading. C. 15-682 ORDINANCE NO. 2015-04 (OFF STREET PARKING AND LOADING) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING ARTICLE 7, SITE DEVELOPMENT STANDARDS, CHAPTER 2, OFF-STREET PARKING AND LOADING OF THE LAND DEVELOPMENT REGULATIONS OF THE VILLAGE OF WELLINGTON; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Mr. Schofield introduced the item. Ms. Rodriguez read the Ordinance by title Mr. Basehart presented the staff report. A motion was made by Councilman McGovern, 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 McGovern, seconded by Vice Mayor Greene, and unanimously passed (5-0) to close the Public Hearing. Village of Wellington Page 4 Village Council Action Summary - Final October 27, 2015 A motion was made by Vice Mayor Greene, seconded by Councilwoman Gerwig, and unanimously passed (5-0) to approve Ordinance No. 2015-04 as presented on Second Reading. D. 15-695 ORDINANCE NO. 2015-08 (DRIVEWAY AND ACCESS REQUIREMENTS FOR PROPERTIES WITHIN SUBDIVISIONS CONSISTING OF INDIVIDUAL LOTS A MINIMUM OF ONE ACRE OR GREATER ZONING TEXT AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING SECTION 7.7.2.A.1 OF THE WELLINGTON LAND DEVELOPMENT REGULATIONS RELATED TO DRIVEWAYS AND ACCESS REQUIREMENTS TO PROVIDE FOR ADDITIONAL ACCESS WAYS FOR PROPERTIES WITHIN SUBDIVISIONS CONSISTING OF INDIVIDUAL LOTS A MINIMUM OF ONE ACRE OR GREATER; PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Schofield introduced the item. Mr. Basehart presented the staff report. He noted that the ordinance was amended after the first reading changing it to include properties within subdivisions consisting of individual lots a minimum of one acre or greater. Public Hearing A motion was made by Vice Mayor Greene, seconded by Councilwoman Gerwig, 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 Councilman McGovern, and unanimously passed (5-0) to close the Public Hearing. A motion was made by Vice Mayor Greene, seconded by Councilman Willhite, and unanimously passed (5-0) to approve Ordinance No. 2015-08 (Driveway and Access Requirements for Properties Within Subdivisions Consisting of Individual Lots a Minimum of One Acre or Greater Zoning Text Amendment). 8. REGULAR AGENDA A. 15-742 BINKS FOREST GOLF COURSE POTENTIAL ACQUISITION Mr. Schofield introduced the item. Mr. Barnes presented the staff report. Public Comments 1. Bobby Munden. Mr. Munden spoke against the acquisition of the Binks Village of Wellington Page 5 Village Council Action Summary - Final October 27, 2015 Forest Golf Club. 2. Rocky Oden. Mr. Oden is a resident of the Brindlewood subdivision which is adjacent to the golf club and supported the aqcquistion. 3. Vince Weber. Mr. Weber did not support the Village acquiring the golf course. 4. Morley Alperstein. Mr. Alperstein supported the acquisition of the golf course. Vice Mayor Greene read the following cards into the record: 1. Jeff McDonadl. Mr. McDonald supported the Village purchasing the golf course. 2. Sharon Lascola. Ms. Lacola opposed the Village purchasing the golf course. Council discussed the possible acquisition of the Binks Forest Golf Clulb. Council did not believe that this was the appropriate time to purchase the golf course particularly since it was still a viable course. 9. PUBLIC FORUM 1. Mary Jaffe. Ms. Jaffe spoke against the multipurpose sidewalks at the Aero Club. 10. ATTORNEY'S REPORT Ms. Cohen presented the following report: • She stated in the code enforcement case regarding Palm Beach Polo, where an asphalt road was to be built in the Big Blue Preserve, the Magistrate did find in favor of the Village. She understood there would be an appeal by the respondent, but it had not yet occurred. • She indicated another code enforcement case involved a resident claiming exemption under Florida Statue 604.50. She said there were three separate violations and only one involved a nonresidential farm building, farm fence or farm sign. She stated the Magistrate unfortunately ruled against the Village on this issue, but she thought she would appeal that opinion to the Circuit Court. • She stated she sent a memo to Council regarding the case Palm Beach Polo had filed against the Village. She said it was about access over the Birkdale site, claiming a prescriptive easement and a way of necessity. She indicated the case has been set for trial sometime during the trial docket running from February 8th through March 11th. She stated calendar call was on January 22nd and at that time the court will decide what specific days it will be set for. However, there was a caveat. If the Village is number three, and if number one or two do not settle, they will be rolled to the next docket. 11. MANAGER'S REPORTS Mr.Schofield presented the following report: • The next Regular Council meeting will be held on Tuesday, November 10, 2015 at 7:00 PM in the Council Chambers. • Village offices will be open for business on Veteran’s Day, Wednesday, November 11th. • The annual Veterans Day Parade and Ceremony are scheduled for Wednesday, November 11th. The parade will begin at 8:15 AM at Village Hall and proceed to the Veterans Memorial for the ceremony at 8:30 AM. • Donations for the annual Hometown Holiday Food Drive are being accepted Village of Wellington Page 6 Village Council Action Summary - Final October 27, 2015 through November 18th and can be dropped off here at the Municipal Complex, Village Park, Lake Wellington Professional Centre and Palm Beach County Sheriff’s substation • The November 24th Council Meeting has been listed as an optional meeting. If Council elects not to meet, it would not impact anything pending before them. Council was concerned the pre and post meetings would have heavy agendas. Mr. Schofield indicated he would provide Council with the agendas for their November and December meetings. He said he was not scheduling the November 24th meeting right now, but Council would have an opportunity at their November 10th meeting to request it if need be. 12. COUNCIL REPORTS Councilwoman Gerwig presented the following report: • She reported that she had attended the meeting for Relay for Life Wellington. She hoped Council would support and participate in this event. She stated the event was being held in April to support all types of cancers. She mentioned she and Gloria Kelly were serving on the committee. •She said a resident asked her to talk about the climate compact and the interaction they have with sustainable design. She said she would like to have a presentation and invite the residents to hear the process. Mayor Margolis indicated she had the support of Council. Vice Mayor Greene presented the following report: • He mentioned after Council’s budget vote on Aero Club, a broker at one of his sales meetings spoke specifically that sidewalks in neighborhoods typically increase the value. He believed based on his knowledge of being a realtor, sidewalks would be an asset to the community and would certainly benefit the neighborhood. • He indicated Douglas Elliman has taken over the lease at Palm Beach Polo. He said their broker, Don Langdon, has invited Council and senior staff to attend a grand opening on November 12th from 5:30 PM to 7:30 PM. Councilman Willhite presented the following report: • He agreed with Councilwoman Gerwig’s comments about taking a proactive approach to issues. He said he has asked on many occasions to put a program in place, such as West Palm where they offer cost savings, environmental savings, water saver issues to see how they could evaluate and lessen the cost of their street lights, building lights to reduce their costs and help their environment. • He noted that he saw that the Village selected a Green Market operator. He asked if they were going to be up and running. Mr. Schofield stated they would be up and running. • He recognized that Commissioner McKinley, District Commissioner, had been in attendance at the meeting. • He appreciated staff working diligently and organizing their upcoming Veteran’s Day event. He spoke about the Honor Flight he had just taken. He said it is things like that where organizations are so great to help their residents of Palm Beach County and the veterans of their community and country who served them so diligently and gave so much. •Councilman Willhite appreciated Councilwoman Gerwig for attending the MPO meeting. He said State Road 7 was still a priority and he was glad it was still moving forward. He stated he still has a lot of questions about it. Village of Wellington Page 7 Village Council Action Summary - Final October 27, 2015 •He recognized the Rotary Club of Wellington for delivering a dictionary to all third grade students in Wellington. He stated the Rotary does that at no cost and he thought it was great thing that they do. • He stated their Fall Festival needed to be reviewed because there were eight times more people then there than expected. Mr. Schofield stated they had as many people at the Fall Festival as they had at the 4th of July Festival. He said they were not prepared for 10,000 people, but they will be prepared next year. • He was glad to see that Mayor Margolis and staff were out at the Aero Club this last Friday to talk to the Aero Club residents. He said the Village Engineer sent out a letter explaining what is happening in relation to sidewalks. He stated he has always talked about safety, and he was always going to revert to the safety aspects. He wondered if the issue was that someone was against a sidewalk, because he thought a sidewalk would always lend value to whatever is around it, whether it is connectability, exercise, health, safety, or is it against the idea of location, size, how the process has gone. He said he as well as staff was open to discuss this. He stated at the end of the day, these amenities are being offered on Village property, at Village expense, for all Village residents, because it is not a private community. Councilman McGovern presented the following report: • He thought the Fall Festival was an overwhelming success; however, he said they definitely needed to plan for the amount of people next year. • He stated their Cocker Spaniel very much enjoyed her first Howl at the Moon. He said it was a very nice event and he was happy to see everyone at the Dog Park which is another great amenity. • He said Scott’s Place Park was closed for a while for the redo of the turf and the various ground there. He encouraged everyone to go see the new redo there, as it is top-notch and much improved. • He mentioned Howard Trager was retiring as head of the Wellington Seniors Club and his service to that group over a long period of time should be commended. • He stated it was great to see the superintendent there this week as well as their schoo lboard member Marcia Andrews at the last meeting. He hoped they would continue to have a regular dialogue with this board on their new projects and initiatives, because he thinks that the quality of their schools at every level is one of the things that truly defines the Village and defines the success of the children who live here. • He looked forward to seeing everyone at the Veterans Day event. Mayor Margolis presented the following report: • He indicated they received an Administrative Transmittal on October 22nd regarding a maximum code compliance fine increase. He said Council had previously discussed such an ordinance; however, it did not pass on Second Reading. He indicated he was raising this issue because staff is seeking direction with regards to a workshop to bring up this subject again. He indicated other communities were looking at this issue as well referring to an article relative to this concerning Palm Beach Gardens. He requested that they discuss this at a Council workshop and if this Council decided that a workshop is not necessary, then he would like to put this on a future agenda. He felt they really needed to revisit this again, especially since other municipalities like theirs are thinking it is an issue. 13. ADJOURNMENT There being no further business to come before the Village Council, the Village of Wellington Page 8 Village Council Action Summary - Final October 27, 2015 meeting was adjourned. NOTICE Village of Wellington Page 9