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Village Council

Regular Meeting

Wellington, FL · May 11, 2021

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Minutes

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, May 11, 2021 7:00 PM Village Hall - Council Chambers Village Council Anne Gerwig, Mayor John T. McGovern, Vice Mayor Michael Drahos, Councilman Michael Napoleone, Councilman Tanya Siskind, Councilwoman Village Council Action Summary - Final May 11, 2021 1. CALL TO ORDER Mayor Gerwig called the meeting to order at 7:00 p.m. Council Members present: Anne Gerwig, Mayor; John T. McGovern, Vice Mayor; Michael Drahos, Councilman; Michael Napoleone, Councilman and Tanya Siskind, Councilwoman. Advisors to the Council: Jim Barnes, Manager; Laurie Cohen, Attorney; Tanya Quickel, Deputy Village Manager; Ed De La Vega, Assistant Village Manager; and Chevelle D. Addie, Village Clerk. 2. PLEDGE OF ALLEGIANCE Former Mayor Robert Margolis led the Pledge of Allegiance. 3. INVOCATION Deacon Pete Del Valle, St. Therese de Lisieux Catholic Church, delivered the invocation. 4. APPROVAL OF AGENDA Mr. Barnes indicated staff recommended approval of the Agenda as amended. 1. Remove Consent Item 6F, [Resolution No. R2021-23 (Code Compliance Fine Reduction for 2740 Danforth Terrace)], from the Agenda. 2. Move Consent Item 6G, [Resolution No. R2021-25 (Franchise Agreement between Wellington and FCC Environmental Services Florida, LLC. for Solid Waste and Recyclable Materials Collection Services)], to the Regular Agenda as Item 8A. 3. Change Item 8A, [Resolution No. R2021-26 (Preliminary Trim Rates for Wellington Solid Waste Collection and Recycling Assessment)], to Item 8B. Mayor Gerwig pointed out the new proclamations that are being added. A motion was made by Vice Mayor McGovern, seconded by Councilwoman Siskind, and unanimously passed (5-0), to approve the Agenda as amended. Village of Wellington Page 1 Village Council Action Summary - Final May 11, 2021 5. PRESENTATIONS AND PROCLAMATIONS There were no Presentations and Proclamations. 6. CONSENT AGENDA Mr. Barnes stated there were no comment cards on the Consent Agenda. Mr. Barnes indicated staff recommended approval of the Consent Agenda as amended. A motion was made by Councilman Napoleone, seconded by Vice Mayor McGovern, and unanimously passed (5-0), to approve the Consent Agenda as amended. A. 21-4436 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF APRIL 27, 2021 This item approved on Consent. B. 21-4438 A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA PROCLAIMING MAY 2021 AS "ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH" IN THE VILLAGE OF WELLINGTON This item approved on Consent. C. 21-4439 A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA PROCLAIMING MAY 20, 2021 AS "FLORIDA EMANCIPATION DAY" IN THE VILLAGE OF WELLINGTON This item approved on Consent. D. 20-4149 AUTHORIZATION TO AWARD CONTRACTS FOR ANNUAL PATHWAY AND MINOR CONSTRUCTION This item approved on Consent. E. 20-4251 AUTHORIZATION TO AWARD A CONTINUING CONTRACT FOR CONSTRUCTION MANAGER AT RISK SERVICES TO WHARTON-SMITH, INC. This item approved on Consent. F. 21-4397 RESOLUTION NO. R2021-23 (CODE COMPLIANCE FINE REDUCTION FOR 2740 DANFORTH TERRACE) Village of Wellington Page 2 Village Council Action Summary - Final May 11, 2021 A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL COMPROMISING LIENS ASSOCIATED WITH CODE COMPLIANCE ACTIONS NOH-17-0586 and NOH-17-3668, 2740 DANFORTH TERRACE, PURSUANT TO SECTION 2-199 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. This item removed from the agenda. G. THIS ITEM MOVED TO REGULAR AGENDA AS ITEM 8A. 7. PUBLIC HEARINGS A. 21-4399 ORDINANCE NO. 2021-01 (REPEALING THE EQUESTRIAN PRESERVATION ELEMENT AND REPLACING WITH THE EQUESTRIAN PRESERVE ELEMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE WELLINGTON COMPREHENSIVE PLAN, MORE SPECIFICALLY, TO REPEAL THE EQUESTRIAN PRESERVATION ELEMENT AND REPLACE WITH THE EQUESTRIAN PRESERVE ELEMENT, INCLUDING MAPS, IN ITS ENTIRETY, AS CONTAINED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. Ms. Addie read the Ordinance by title. Mr. Stillings presented this item and submitted the staff report and file into the record. He answered Council's questions. Public Hearing A motion was made by Councilman Napoleone, seconded Councilman Drahos, and unanimously passed (5-0) to open the public hearing. Public Comment: 1. Jane Cleveland, Chair of EPC, provided an overview of EPC’s discussions of the Comprehensive Plan. She stated the committee members are all riders with horses and they have farms with the exception of a few members. She discussed the horse shows and road winding. Ms. Cleveland said Wellington is facing competition from Ocala. She said this is a comprehensive plan with a twenty-year view. Village of Wellington Page 3 Village Council Action Summary - Final May 11, 2021 2. Michael Whitlow stated he is concerned that the reason of widening the roads is for more commercial in the Equestrian Preserve Area and he thinks this is a bad idea. He said the issue is South Shore and Pierson roads. Mr. Whitlow felt it would be helpful if Gene Mische Way were connected to Gracida. He asked Council not to change something that has worked for so long. He stated the Village is facing competition from Ocala. 3. Jeffrey Robbert referenced the version of the Equestrian Preserve Element that EPC and PZAB approved. He commented about the widening of the road. 4. Victoria McCullough stated everything in the EPA needs to be balanced. She said the Village should figure out how to keep the beauty that Wellington has. She indicated Wellington is unique and there are not many equestrian preserve areas in the state. She mentioned that there is great healthcare and great schools here. Ms. McCullough stated Gracida must be improved and another entry into the EPA would be great. She asked Council to look at what the comprehensive plan is and to think about it differently. 5. Haakon Gangnes asked what is the intent of the objective of the Equestrian Preserve Area. He commented regarding the nuisance language and said the purpose was to decide what commercial uses would be allowed there. He referenced the widening of the roads. There being no further public comments, a motion was made by Councilman Napoleone, seconded by Councilman Drahos, and unanimously passed (5-0) to close the public hearing. A motion was made by Vice Mayor McGovern, seconded by Councilman Napoleone, and unanimously passed (5-0) to approve Ordinance No. 2021-01 (Repealing the Equestrian Preservation Element and Replacing with the Equestrian Preserve Element) with changes made by Council for the removal of the nuisance language from Policy 1.1.3 and changes to Policy 2.2.1 and Policy 2.2.2. B. 21-4398 ORDINANCE NO. 2021-03 (REPEALING THE TRANSPORTATION ELEMENT AND REPLACING WITH THE MOBILITY ELEMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE WELLINGTON COMPREHENSIVE PLAN, MORE Village of Wellington Page 4 Village Council Action Summary - Final May 11, 2021 SPECIFICALLY, TO REPEAL THE TRANSPORTATION ELEMENT AND REPLACE WITH THE MOBILITY ELEMENT, IN ITS ENTIRETY, AS CONTAINED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. Ms. Addie read the Ordinance by title. Public Hearing A motion was made by Vice Mayor McGovern, seconded by Councilman Napoleone, and unanimously passed (5-0) to open the public hearing. There being no public comments, a motion was made by Councilman Napoleone, seconded by Councilwoman Siskind, and unanimously passed (5-0) to close the public hearing. A motion was made by Vice Mayor McGovern, seconded by Councilman Napoleone, and unanimously passed (5-0) to approve Ordinance No. 2021-03 (Repealing the Transportation Element and Replacing with the Mobility Element) with the deletion of Policy 2.2.2. 8. REGULAR AGENDA A. 20-4246 RESOLUTION NO. R2021-25 (FRANCHISE AGREEMENT BETWEEN WELLINGTON AND FCC ENVIRONMENTAL SERVICES FLORIDA, LLC. FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICES) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A FRANCHISE AGREEMENT BETWEEN WELLINGTON AND FCC ENVIRONMENTAL SERVICES FLORIDA, LLC, FOR THE PROVISION OF SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICES AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. This item formerly Consent Item 6G. Mr. Barnes introduced the item. Mr. De La Vega presented this item. Village of Wellington Page 5 Village Council Action Summary - Final May 11, 2021 Mr. Joseph Sandora, Local Manager with FCC Environmental Services Florida, LLC., Mr. Dan Brazil, Vice President of Collection Operations/FCC and Mr. Charles Merkley, Director of Operations/FCC provided a brief overview of the company and discussed their operations in Florida. Staff and the FCC representatives responded to Council's questions. A motion was made by Councilman Drahos, seconded by Councilwoman Siskind, and unanimously passed (5-0) to approve Resolution No. R2021-25 (Franchise Agreement between Wellington and FCC Environmental Services Florida, LLC. for Solid Waste and Recyclable Materials Collection Services). B. 21-4425 RESOLUTION NO. R2021-26 (PRELIMINARY TRIM RATES FOR WELLINGTON SOLID WASTE COLLECTION AND RECYCLING ASSESSMENT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING THE PRELIMINARY NON-AD VALOREM ASSESSMENT RATES FOR SOLID WASTE COLLECTION AND RECYCLING SERVICE FOR TRUTH-IN-MILLAGE (“TRIM”) PURPOSES WITHIN THE JURISDICTIONAL BOUNDARIES OF WELLINGTON; AND PROVIDING AN EFFECTIVE DATE. This item formerly Item 8A. Mr. Barnes introduced the item. Ms. Addie read the Resolution by title. Ms. Quickel presented this item. No comment cards were received from the public. A motion was made by Vice Mayor McGovern, seconded by Councilwoman Siskind, and unanimously passed (5-0) to approve Resolution No. R2021-26 (Preliminary Trim Rates for Wellington Solid Waste Collection and Recycling Assessment). 9. PUBLIC FORUM Mr. Barnes indicated there were no public comment cards received. Village of Wellington Page 6 Village Council Action Summary - Final May 11, 2021 10. ATTORNEY'S REPORT MS. COHEN: Ms. Cohen presented the following report: Ms. Cohen stated, in the Montemayor vs. Village of Wellington lawsuit, the Village prevailed on a Motion to Dismiss. The case was dismissed against Wellington with prejudice. The claims against other defendants remain. 11. MANAGER'S REPORT MR. BARNES: Mr. Barnes presented the following report: The Next Regular Council Meeting will be held on Tuesday, May 25, 2021, at 7:00 P.M. Village Offices will be closed on Monday, May 31, 2021, in observance of Memorial Day. He reminded the Council of the June 4, 2021 ribbon cutting to be held at 9:00 a.m. for the Water Reclamation Facility. The Flavors 2021 event will be held on May 20, 2021. The Village held the second dose administration of the Pfizer vaccine at Village Park today. Mayor Gerwig asked if the Village has information out that informs people about how and where to obtain their second shot. Mr. Barnes stated the county and commercially available sites have the information. Vice Mayor McGovern stated the second shot for those who received the first dose at Temple Beth Torah would be this Sunday. He said that there may be extra doses of the vaccine and persons may be able to receive their second shot there. 12. COUNCIL REPORTS VICE MAYOR MCGOVERN: Vice Mayor McGovern presented the following report: Vice Mayor McGovern referenced last month’s COVID case numbers in Wellington. He said the Village would continue to look for opportunities to bring the vaccine to Wellington. He encourage everyone to get the Village of Wellington Page 7 Village Council Action Summary - Final May 11, 2021 vaccine. Vice Mayor McGovern asked about the registration numbers for summer camp. Mr. Barnes stated there is reduced capacity this year and the younger age groups are close to being full. However, there is some capacity still available. He said the information is on the website and social media. Mr. Barnes said staff has also emailed previous registrants from years past. Vice Mayor McGovern appointed Maureen Parkes to the Tree Board. COUNCILWOMAN SISKIND: Councilwoman Siskind presented the following report: Councilwoman Siskind waived comments. COUNCILMAN NAPOLEONE: Councilman Napoleone presented the following report: Councilman Napoleone congratulated staff on the return of the concert series. He said staff did a nice job. The concert was socially distant and was a good event. He said food trucks would resume next Thursday . Councilman Napoleone said everyone should be vigilant, wear their masks, obtain vaccinations, be safe and smart. COUNCILMAN DRAHOS: Councilman Drahos presented the following report: Councilman Drahos stated he is glad the Village is offering vaccines to the residents as safely and effectively as possible. He said this is good work. MAYOR GERWIG: Mayor Gerwig presented the following report: Mayor Gerwig recognized Mrs. Addie, Village Clerk and Ms. Avery, Assistant Village Clerk in honor of Municipal Clerks’ week. She stated the Village also recognized teachers, nurses, police officers this week. Mayor Gerwig appointed Bob Kruger to the Senior Advisory Board. She said she would provide his contact information. 13. ADJOURNMENT Village of Wellington Page 8 Village Council Action Summary - Final May 11, 2021 There being no further business to come before the Village Council, the meeting was adjourned at approximately 8:51 P.M. Village of Wellington Page 9

Agenda

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Meeting Agenda Tuesday, May 11, 2021 7:00 PM Village Hall - Council Chambers Village Council Anne Gerwig, Mayor John T. McGovern, Vice Mayor Michael Drahos, Councilman Michael Napoleone, Councilman Tanya Siskind, Councilwoman Village Council Meeting Agenda May 11, 2021 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION Deacon Pete Del Valle of St. Therese de Lisieux Catholic Church 4. APPROVAL OF AGENDA 5. PRESENTATIONS AND PROCLAMATIONS 6. CONSENT AGENDA A. 21-4436 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF APRIL 27, 2021 Council approval of the Minutes of the Regular Wellington Council Meeting of April 27, 2021. B. 21-4438 A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA PROCLAIMING MAY 2021 AS "ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH" IN THE VILLAGE OF WELLINGTON Proclamation proclaiming May 2021 as “Asian American and Pacific Islander Heritage Month” in the Village of Wellington. C. 21-4439 A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA PROCLAIMING MAY 20, 2021 AS "FLORIDA EMANCIPATION DAY" IN THE VILLAGE OF WELLINGTON Proclamation proclaiming May 20, 2021 as "Florida Emancipation Day" in the Village of Wellington. D. 20-4149 AUTHORIZATION TO AWARD CONTRACTS FOR ANNUAL PATHWAY AND MINOR CONSTRUCTION Authorization to award contracts for Annual Pathway and Minor Construction for Public Works, Engineering, and Utility projects. E. 20-4251 AUTHORIZATION TO AWARD A CONTINUING CONTRACT FOR CONSTRUCTION MANAGER AT RISK SERVICES TO WHARTON-SMITH, INC. Authorization to award a continuing contract for Construction Manager at Risk (CMAR) Services to Wharton-Smith, Inc. Village of Wellington Page 2 Village Council Meeting Agenda May 11, 2021 F. 21-4397 RESOLUTION NO. R2021-23 (CODE COMPLIANCE FINE REDUCTION FOR 2740 DANFORTH TERRACE) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL COMPROMISING LIENS ASSOCIATED WITH CODE COMPLIANCE ACTIONS NOH-17-0586 and NOH-17-3668, 2740 DANFORTH TERRACE, PURSUANT TO SECTION 2-199 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Request for reduction of liens submitted by Florida Financial Holdings, Inc. to settle liens associated with code compliance actions NOH-17-0586 and NOH-17-3668, 2740 Danforth Terrace, for a total amount of $1,500.00. G. 20-4246 RESOLUTION NO. R2021-25 (FRANCHISE AGREEMENT BETWEEN WELLINGTON AND FCC ENVIRONMENTAL SERVICES FLORIDA, LLC. FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICES) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A FRANCHISE AGREEMENT BETWEEN WELLINGTON AND FCC ENVIRONMENTAL SERVICES FLORIDA, LLC, FOR THE PROVISION OF SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICES AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Authorization to execute an Exclusive Franchise Agreement (Agreement) between Wellington and FCC Environmental Services Florida LLC. (FCC) for the collection of the solid waste and recyclable materials generated by the Village’s residents and businesses, in an amount of approximately $7,236,000 annually (i.e., approximately $5,021,000 for residential services and approximately $2,215,000 for commercial services), excluding franchise fees (i.e., the Contractor shall pay the Village a franchise fee equal to five (5) percent of the Contractor’s gross billings (excluding billings for disposal costs) for any services provided pursuant to the Agreement). Village of Wellington Page 3 Village Council Meeting Agenda May 11, 2021 7. PUBLIC HEARINGS A. 21-4399 ORDINANCE NO. 2021-01 (REPEALING THE EQUESTRIAN PRESERVATION ELEMENT AND REPLACING WITH THE EQUESTRIAN PRESERVE ELEMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE WELLINGTON COMPREHENSIVE PLAN, MORE SPECIFICALLY, TO REPEAL THE EQUESTRIAN PRESERVATION ELEMENT AND REPLACE WITH THE EQUESTRIAN PRESERVE ELEMENT, INCLUDING MAPS, IN ITS ENTIRETY, AS CONTAINED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Approval of Ordinance No. 2021-01, a Comprehensive Plan Text Amendment (CPTA) to repeal the Equestrian Preservation Element and replace with the Equestrian Preserve Element of Wellington’s Comprehensive Plan. B. 21-4398 ORDINANCE NO. 2021-03 (REPEALING THE TRANSPORTATION ELEMENT AND REPLACING WITH THE MOBILITY ELEMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE WELLINGTON COMPREHENSIVE PLAN, MORE SPECIFICALLY, TO REPEAL THE TRANSPORTATION ELEMENT AND REPLACE WITH THE MOBILITY ELEMENT, IN ITS ENTIRETY, AS CONTAINED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Approval of Ordinance No. 2021-03, a Comprehensive Plan Text Amendment (CPTA) to repeal the Transportation Element and replace with the Mobility Element of Wellington’s Comprehensive Plan. 8. REGULAR AGENDA A. 21-4425 RESOLUTION NO. R2021-26 (PRELIMINARY TRIM RATES FOR WELLINGTON SOLID WASTE COLLECTION AND RECYCLING ASSESSMENT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING THE PRELIMINARY NON-AD VALOREM ASSESSMENT RATES FOR SOLID WASTE COLLECTION AND RECYCLING SERVICE FOR TRUTH-IN-MILLAGE (“TRIM”) PURPOSES WITHIN THE JURISDICTIONAL BOUNDARIES OF WELLINGTON; AND PROVIDING AN EFFECTIVE DATE. PENDING - Approval of Resolution No. R2021-26 setting the preliminary FY 2022 TRIM rates for solid waste collection and recycling proposed at $190/unit for curbside service and $141/unit for containerized service. Village of Wellington Page 4 Village Council Meeting Agenda May 11, 2021 9. PUBLIC FORUM 10. ATTORNEY'S REPORT 11. MANAGER'S REPORT 12. COUNCIL REPORTS 13. ADJOURNMENT NOTICE If a person decides to appeal any decision made by the Village Council with respect to any matter considered at this meeting, you will need a record of the proceedings, and you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (The above notice is required by State Law. Anyone desiring a verbatim transcript shall have the responsibility, at his own cost, to arrange for the transcript). Pursuant to the provision of the Americans With Disabilities Act: any person requiring special accommodations to participate in these meetings, because of a disability or physical impairment, should contact the Village Manager’s Office (561) 791-4000 at least five calendar days prior to the Hearing. Village of Wellington Page 5

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