Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, September 13, 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 September 13, 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 Troop 208 performed a flag ceremony and led the Pledge of Allegiance. 3. INVOCATION Deacon Al Payne, 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 6B, Authorization to Negotiate Contracts with Multiple Firms for: 1) Water and Wastewater Treatment Engineering; 2) Utility General Civil, Water Distribution and Storage, and Wastewater Collection Engineering; 3) Civil Engineering; 4) Traffic Engineering; and Related Consulting Services, to the Regular Agenda as Item 8A. 2) Remove Consent Item 6D, Authorization to Renew A Contract to Provide Property and Casualty Insurance Services, to the Regular Agenda as Item 8B. 3) Add Resolution No. R2021-57 (Pine Tree Pre-Suit Resolution) to the Regular Agenda as Item 8C. A motion was made by Councilman Drahos, seconded by Vice Mayor McGovern, and unanimously passed (5-0), to approve the Agenda as amended. 5. PRESENTATIONS AND PROCLAMATIONS There were no Presentations and Proclamations. Village of Wellington Page 1 Village Council Action Summary - Final September 13, 2021 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 Councilwoman Siskind, and unanimously passed (5-0), to approve the Consent Agenda as amended. A. 20-4241 AUTHORIZATION TO EXECUTE A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR THE WATER TREATMENT PLANT (WTP) WELL VARIABLE FREQUENCY DRIVE (VFD) RETROFIT PROJECT This item approved on Consent. B. THIS ITEM MOVED TO THE REGULAR AGENDA AS ITEM 8A C. 21-4414 AUTHORIZATION TO AWARD A CONTRACT FOR THE PURCHASE AND DELIVERY OF RAPID FLASHING BEACONS AND DUAL BEACON FLASHERS This item approved on Consent. D. THIS ITEM MOVED TO THE REGULAR AGENDA AS ITEM 8B E. 21-4418 AUTHORIZATION TO AWARD A SOLE SOURCE CONTRACT TO BADGER METER, INC. FOR THE PURCHASE OF BADGER METERS AND COMPONENTS This item approved on Consent. F. 21-4493 AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF HIGH MAST LIGHTS ALONG THE SR7 CORRIDOR This item approved on Consent. G. 21-4521 AUTHORIZATION TO CONTINUE UTILIZING A CONSULTANT TO PROVIDE GIS SUPPORT, DEVELOPMENT AND INTEGRATION This item approved on Consent. Village of Wellington Page 2 Village Council Action Summary - Final September 13, 2021 H. 21-4592 AUTHORIZATION TO AWARD A CONTRACT TO PAYLE, INC. DBA VISUAL IMAGES FOR THE PURCHASE AND DELIVERY OF TROPHIES, PLAQUES, AND MEDALS This item approved on Consent. I. 21-4588 RESOLUTION NO. R2021-45 (ANNUAL LISTING OF PROCLAMATIONS) A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL AUTHORIZING THE MAYOR TO EXECUTE CERTAIN PROCLAMATIONS FOR FISCAL YEAR 2021/2022; AND PROVIDING AN EFFECTIVE DATE. This item approved on Consent. J. 21-4589 RESOLUTION NO. R2021-46 (REGULAR COUNCIL MEETING SCHEDULE) A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ADOPTING A SCHEDULE FOR REGULAR COUNCIL MEETINGS FOR 2021/2022; AND PROVIDING AN EFFECTIVE DATE. This item approved on Consent. K. 21-4624 RESOLUTION NO. R2021-50 (LIEN REDUCTION POLICY) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A LIEN REDUCTION POLICY TO DELEGATE CERTAIN APPROVAL LEVELS TO STAFF; AND PROVIDING AN EFFECTIVE DATE. This item approved on Consent. L. 21-4627 RESOLUTION NO. AC2021-12 (0.03-ACRE PARK PARCEL SURPLUS - GREENVIEW SHORES NO.2 OF WELLINGTON – FARMINGTON CIRCLE) A RESOLUTION OF THE BOARD OF SUPERVISORS OF ACME IMPROVEMENT DISTRICT, FLORIDA, APPROVING THE SURPLUS AND SUBDIVISION OF AN ACME PARCEL TOTALING 0.03 ACRES (PCN 73414409020000200), MORE SPECIFICALLY DESCRIBED HEREIN, AND AUTHORIZING THE PRESIDENT AND BOARD SECRETARY TO EXECUTE QUIT CLAIM DEEDS BETWEEN ACME IMPROVEMENT DISTRICT AND THE ADJACENT PROPERTY OWNERS, GREGORY BALICKI AND CHRISTINE BALICKI OF 1678 FARMINGTON CIRCLE AND NICHOLAS CAMPO AND NICHOLE CAMPO OF 1684 FARMINGTON CIRCLE AND PROVIDING AN Village of Wellington Page 3 Village Council Action Summary - Final September 13, 2021 EFFECTIVE DATE. This item approved on Consent. M. 21-4664 RESOLUTION NO. R2021-53 FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION’S FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT AND RESOLUTION NO. R2021-54 FOR A BUDGET AMENDMENT TO ALLOCATE THE GRANT RESOLUTION NO. R2021-53 (FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION’S FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL TO ENTER INTO AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE PURPOSE OF RECEIVING A GRANT UNDER PROVISIONS OF THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) FOR THE BRAMPTON COVE PARK PROJECT; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. R2021-54 (FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT FUNDS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE FISCAL YEAR 2020-2021 CAPITAL FUND BUDGET FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT FUNDS AWARDED FOR DEVELOPMENT OF THE BRAMPTON COVE PARK PROJECT; AND PROVIDING AN EFFECTIVE DATE. This item approved on Consent. N. 21-4665 RESOLUTION NO. R2021-55 FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION’S FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT AND RESOLUTION NO. R2021-56 FOR A BUDGET AMENDMENT TO ALLOCATE THE GRANT RESOLUTION NO. R2021-55 (FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION’S FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL TO ENTER INTO AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE PURPOSE OF Village of Wellington Page 4 Village Council Action Summary - Final September 13, 2021 RECEIVING A GRANT UNDER PROVISIONS OF THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) FOR THE MARGATE PARK PROJECT; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. R2021-56 (FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT FUNDS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE FISCAL YEAR 2020-2021 CAPITAL FUND BUDGET FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT FUNDS AWARDED FOR DEVELOPMENT OF THE MARGATE PARK PROJECT; AND PROVIDING AN EFFECTIVE DATE. This item approved on Consent. 7. PUBLIC HEARINGS A. 21-4431 FIRST PUBLIC HEARING FOR PROPOSED FISCAL YEAR 2021/2022 MILLAGE RATE, BUDGET AND ADOPTION OF THE FISCAL YEAR 2021/2022 CAPITAL IMPROVEMENT PLAN Mr. Barnes introduced the item. Ms. Quickel presented the item. Public Hearing A motion was made by Councilman Napoleone, seconded by Vice Mayor McGovern, and unanimously passed (5-0), to open the Public Hearing. Public Comment: 1. Johnny Meier stated that he is happy Ms. Quickel and her team figured out a way to not borrow money for the budget. He stated the Palm Beach Sheriff's Office (PBSO) substation is a necessity. 2. Bart Novak spoke regarding borrowing money and stated he opposes the proposed location of the pool. He stated the pool should be built on Village property. He inquired about tax revenues. There being no further public comments, a motion was made by Councilman Napoleone, seconded by Vice Mayor McGovern, and unanimously passed (5-0), to close the Public Hearing. Village of Wellington Page 5 Village Council Action Summary - Final September 13, 2021 A motion was made by Councilman Napoleone, seconded by Councilwoman Siskind, and unanimously passed (5-0) to approve the proposed FY 2022 millage rate, budget and adoption of the Capital Improvement Plan as revised on first public hearing. B. 21-4642 ORDINANCE NO. 2021-12 (ARTICLE 6 – ZONING DISTRICTS) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE WELLINGTON LAND DEVELOPMENT REGULATIONS, MORE SPECIFICALLY, A ZONING TEXT AMENDMENT TO MODIFY ARTICLE 6, FOR CONSISTENCY WITH THE UPDATES TO THE COMPREHENSIVE PLAN, 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 the item. Public Hearing A motion was made by Vice Mayor McGovern, seconded by Councilwoman Siskind, and unanimously passed (5-0) to open the public hearing. There being no public comments, a motion was made by Councilman Drahos, seconded by Councilwoman Siskind, and unanimously passed (5-0) to close the public hearing. A motion was made by Councilman Napoleone, seconded by Councilman Drahos, and unanimously passed (5-0) to approve Ordinance No. 2021-12 (Article 6 - Zoning Districts) as presented on second reading. C. 21-4632 ORDINANCE NO. 2021-11 (LWDD-LOTIS (0.35-ACRE) ANNEXATION) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING THE VOLUNTARY ANNEXATION (PETITION NUMBER 2021-0001-ANX) OF REAL PROPERTY TOTALING 0.35 ACRE, MORE OR LESS, KNOWN AS LAKE WORTH DRAINAGE DISTRICT 25-FOOT WIDE RIGHT-OF-WAY, LOCATED ON THE WEST SIDE OF STATE ROAD 7, APPROXIMATELY A HALF MILE NORTH OF THE FOREST Village of Wellington Page 6 Village Council Action Summary - Final September 13, 2021 HILL BOULEVARD AND STATE ROAD 7 INTERSECTION, IN PALM BEACH COUNTY, AS MORE SPECIFICALLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE OF THE PROPERTY OWNER; AMENDING SECTION 11 OF THE VILLAGE CHARTER BY REDEFINING THE CORPORATE LIMITS OF THE VILLAGE OF WELLINGTON; DIRECTING THE VILLAGE MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS ANNEXATION; DIRECTING THE VILLAGE CLERK TO FILE A COPY OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT IN PALM BEACH COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY, AND THE FLORIDA DEPARTMENT OF STATE WITHIN SEVEN DAYS AFTER ADOPTION, IN ACCORDANCE WITH CHAPTER 171 OF THE FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. He recommended that there be one concurrent staff and corresponding presentation since the items (Ordinance No. 2021-11, Ordinance No. 2021-15 and Ordinance No. 2021-16) are related; with a separate motion for each item. Ms. Addie read the Ordinances by title. At this time, Ms. Cohen administered the oath to those individuals who wished to speak on the Items. Council disclosed any ex-parte communications. Mr. Stillings presented the item. Public Hearing A motion was made by Councilman Napoleone, seconded by Councilwoman Siskind, and unanimously passed (5-0) to open the public hearing. There being no 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 Councilwoman Siskind, and unanimously passed (5-0) to approve Ordinance No. 2021-11 (LWDD-LOTIS (0.35-Acre) Annexation) as presented on second reading. Village of Wellington Page 7 Village Council Action Summary - Final September 13, 2021 D. 21-4633 ORDINANCE NO. 2021-15 (LWDD-LOTIS (0.35-ACRE) FUTURE LAND USE MAP AMENDMENT TO THE COMPREHENSIVE PLAN AMENDMENT (FLUM)) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING AN AMENDMENT TO THE FUTURE LAND USE MAP (FLUM) OF WELLINGTON’S COMPREHENSIVE PLAN, (PETITION NUMBER 2021-0001-CPA), TO MODIFY THE LAND USE DESIGNATION FROM PALM BEACH COUNTY LOW RESIDENTIAL TO MIXED USE (MU) FOR CERTAIN PROPERTY KNOWN AS LAKE WORTH DRAINAGE DISTRICT 25-FOOT WIDE RIGHT-OF-WAY, TOTALING 0.35-ACRE, MORE OR LESS, LOCATED ON THE WEST SIDE OF STATE ROAD 7, APPROXIMATELY A HALF MILE NORTH OF THE FOREST HILL BOULEVARD AND STATE ROAD 7 INTERSECTION, AS MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. He recommended that there be one concurrent staff and corresponding presentation since the items (Ordinance No. 2021-11, Ordinance No. 2021-15 and Ordinance No. 2021-16) are related; with a separate motion for each item. Ms. Addie read the Ordinances by title. At this time, Ms. Cohen administered the oath to those individuals who wished to speak on the Items. Council disclosed any ex-parte communications. Mr. Stillings presented the item. Public Hearing A motion was made by Councilman Napoleone, seconded by Councilwoman Siskind, and unanimously passed (5-0) to open the public hearing. There being no 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. 2021-15 (LWDD-LOTIS (0.35-Acre) Village of Wellington Page 8 Village Council Action Summary - Final September 13, 2021 Future Land Use Amendment to the Comprehensive Plan Amendment (FLUM)) as presented on first reading. E. 21-4634 ORDINANCE NO. 2021-16 (LWDD-LOTIS (0.35-ACRE) REZONING) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A REZONING (PETITION NUMBER 2021-0001-REZ) TO MODIFY THE OFFICIAL ZONING MAP OF WELLINGTON FROM PALM BEACH COUNTY AGRICULTURAL RESIDENTIAL TO MULTIPLE USE PLANNED DEVELOPMENT (MUPD) FOR CERTAIN PROPERTY KNOWN AS LAKE WORTH DRAINAGE DISTRICT 25-FOOT WIDE RIGHT-OF-WAY, TOTALING 0.35-ACRE, MORE OR LESS, LOCATED ON THE WEST SIDE OF STATE ROAD 7, APPROXIMATELY A HALF MILE NORTH OF THE FOREST HILL BOULEVARD AND STATE ROAD 7 INTERSECTION, AS MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. He recommended that there be one concurrent staff and corresponding presentation since the items (Ordinance No. 2021-11, Ordinance No. 2021-15 and Ordinance No. 2021-16) are related; with a separate motion for each item. Ms. Addie read the Ordinances by title. At this time, Ms. Cohen administered the oath to those individuals who wished to speak on the Items. Council disclosed any ex-parte communications. Mr. Stillings presented the item. Public Hearing A motion was made by Councilman Napoleone, seconded by Councilwoman Siskind, and unanimously passed (5-0) to open the public hearing. There being no 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 Councilwoman Siskind, and unanimously passed (5-0) to approve Ordinance No. 2021-16 (LWDD-LOTIS (0.35-Acre) Rezoning) as presented on first reading. Village of Wellington Page 9 Village Council Action Summary - Final September 13, 2021 F. 21-4631 ORDINANCE NO. 2021-17 (ADOPTING THE PRIVATE PROPERTY RIGHTS ELEMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING A PRIVATE PROPERTY RIGHTS 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. Mr. Stillings presented the item. Public Hearing A motion was made by Councilman Napoleone, seconded by Vice Mayor McGovern, 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 Councilwoman Siskind, seconded by Councilman Drahos, and unanimously passed (5-0) to approve Ordinance No. 2021-17 (Adopting the Private Property Rights Element) as presented on first reading. G. 21-4643 ORDINANCE NO. 2021-20 (SUBAREA F MAXIMUM STALL ALLOWED FOR UNIFIED LOTS) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE WELLINGTON LAND DEVELOPMENT REGULATIONS, MORE SPECIFICALLY, A ZONING TEXT AMENDMENT TO MODIFY SECTION 6.8.9.C, BARNS AND STABLES, TO MODIFY THE MAXIMUM STALLS ALLOWED FOR UNIFIED LOTS WITHIN SUBAREA F, 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. Village of Wellington Page 10 Village Council Action Summary - Final September 13, 2021 Mr. Stillings presented the item. Public Hearing A motion was made by Councilman Napoleone, seconded by Councilwoman Siskind, 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. Councilman Drahos stated his mind has not been changed and he has reservations to changing this. A motion was made by Councilman Napoleone, seconded by Councilwoman Siskind, and unanimously passed (4-1; Councilman Drahos dissenting) to approve Ordinance No. 2021-20 (Subarea F Maximum Stall Allowed for Unified Lots) as presented on first reading. 8. REGULAR AGENDA A. 21-4402 AUTHORIZATION TO NEGOTIATE CONTRACTS WITH MULTIPLE FIRMS FOR: 1) WATER AND WASTEWATER TREATMENT ENGINEERING; 2) UTILITY GENERAL CIVIL, WATER DISTRIBUTION AND STORAGE, AND WASTEWATER COLLECTION ENGINEERING; 3) CIVIL ENGINEERING; 4) TRAFFIC ENGINEERING; AND RELATED CONSULTING SERVICES This item was formerly Item 6B. Mayor Gerwig recused herself and left the dais. Mr. Barnes introduced the item. Mr. De La Vega presented the item. A motion was made by Councilman Napoleone, seconded by Councilwoman Siskind, and unanimously passed (4-0; with Mayor Gerwig recused) for Authorization to Negotiate Contracts with Multiple Firms for: 1) Water and Wastewater Treatment Engineering; 2) Utility General Civil, Water Distribution and Storage, and Wastewater Collection Engineering; 3) Civil Engineering; 4) Traffic Engineering; and Related Consulting Village of Wellington Page 11 Village Council Action Summary - Final September 13, 2021 Services as presented. B. 21-4415 AUTHORIZATION TO RENEW A CONTRACT TO PROVIDE PROPERTY AND CASUALTY INSURANCE SERVICES This item was formerly Item 6D. Mayor Gerwig recused herself and left the dais. Mr. Barnes introduced the item. Mr. De La Vega presented the item. Representatives from the Gehring Group were in attendance at the meeting. A motion was made by Councilman Napoleone, seconded by Councilwoman Siskind, and unanimously passed (4-0; with Mayor Gerwig recused) for Authorization to Renew a Contract to provide Property and Casualty Insurance Services). C. RESOLUTION NO. R2021-57 (PINE TREE PRE-SUIT RESOLUTION) This item added to the Agenda. Mayor Gerwig returned to the dais. Mr. Barnes introduced the item. Ms. Cohen presented the item and stated staff recommends approval of the Resolution. Mayor Gerwig asked about insurance coverage and fees to defend this. Ms. Cohen discussed public records violations and stated Chapter 119 contains a fee provision. In addition, Ms. Cohen indicated that the attorney for Pine Tree was also copied on the public records requests . Ms. Cohen stated there has been no response dating back to July. A motion was made by Councilman Napoleone, seconded by Councilman Drahos, and unanimously passed (5-0) to approve Resolution No. R2021-57 (Pine Tree Pre-Suit Resolution) as presented. 9. PUBLIC FORUM Village of Wellington Page 12 Village Council Action Summary - Final September 13, 2021 Mr. Barnes indicated there were no public comment cards received. 10. ATTORNEY'S REPORT MS. COHEN: Ms. Cohen presented the following report: Ms. Cohen stated in the pending assessment case, Pine Tree has placed the Village back on their assessment roll for next year and staff will need to include a claim against the Tax Collector. Ms. Cohen stated that Pine Tree had filed a motion for rehearing on the summary judgment in the roads case and provided an update. She stated she will inform Council if Pine Tree files an appeal. Vice Mayor McGovern stated otherwise the matter is concluded. Ms. Cohen stated that is correct. It is concluded in the Village's favor. Councilman Napoleone stated, for clarification, that the reason the Village will add the tax collector to the lawsuit as a defendant is to get complete relief in the lawsuit. Ms. Cohen explained the tax collector's legal position regarding the tax certificates. She summarized the actions that her team will take. 11. MANAGER'S REPORT MR. BARNES: Mr. Barnes presented the following report: The Next Regular Council Meeting will be held on Tuesday, September 28, 2021 at 7:00 p.m. He stated the Agenda Review will be held on Monday, September 27, 2021. 12. COUNCIL REPORTS COUNCILMAN NAPOLEONE: Councilman Napoleone presented the following report: Councilman Napoleone encouraged everyone to follow the school drop off/pick up rules and traffic patterns. In addition, he urged everyone to stay off of their cell phones in a school zone. He stated PBSO can write tickets for the cell phone use. Councilman Napoleone congratulated the Utility Department on winning the award for “Utility of the Future”. He commended Ms. Shannon LaRocque and her team for doing an excellent job and stated it has been Village of Wellington Page 13 Village Council Action Summary - Final September 13, 2021 money well spent on utilities. The projects have been proactive to keep the aging infrastructure updated and running smoothly. COUNCILMAN DRAHOS: Councilman Drahos presented the following report: Councilman Drahos commended staff on the 9/11 Ceremony and stated it was exceptionally well done. Councilman Drahos stated the Village’s COVID testing site is being very well run. He complimented staff for the site and discussed how the testing results are received. VICE MAYOR MCGOVERN: Vice Mayor McGovern presented the following report: Vice Mayor McGovern thanked everyone who came to the Village's 9/11 Remembrance Ceremony and commended the Palm Beach County Association of Fire Chiefs for their 9/11 Remembrance Ceremony. He stated both events were very moving and well attended. He stated on this 20th anniversary of 9/11, he was glad that everyone was able to come together and share that time. COUNCILWOMAN SISKIND: Councilwoman Siskind presented the following report: Councilwoman Siskind stated that Wellington's 9/11 Remembrance Ceremony was beautiful. She said the Palm Beach County Association of Fire Chiefs 9/11 ceremony was a fantastic event, very touching and uplifting. Councilwoman Siskind commended Ms. Shannon LaRocque and her team for the Utility of the Future award. She provided some information about the award indicating Wellington's Utility was selected as one of 39 utilities across the nation. MAYOR GERWIG: Mayor Gerwig presented the following report: Mayor Gerwig stated she heard that the 9/11 ceremony was very well done and thanked everyone. She was not able to attend due to not feeling well. She thanked Mr. Barnes for responding to Mr. Tansey’s Village of Wellington Page 14 Village Council Action Summary - Final September 13, 2021 email and apologized on behalf of the Village for the oversight. Mayor Gerwig commented about 9/11 last year when the Village could not meet as a community due to COVID. She asked that Mr. Tansey be made aware of when next year’s ceremony will be held. Mayor Gerwig inquired about school parking/traffic and stated this is at every school. She indicated the Village is trying to work with the schools to solve the problem. Mr. Barnes stated staff is in regular contact with each of the schools in Wellington. He said this is a county wide issue. Staff and the schools are reviewing solutions. Mr. Barnes stated the onsite security measures have changed at the schools. Mayor Gerwig asked about the additional communications poles, utilities poles and the design of the poles. Ms. Cohen stated that the design for some of the 5G poles is unable to comply with the ordinance because of the configuration of that technology. She stated Mr. Patrick Barthelemy would be able to better explain. Mr. Barnes commented on the Village's ordinance and stated the owners of the poles have fairly free rein regarding their poles. He stated that according to law, the Village has limited ability to restrict the location and require certain designs. Ms. Cohen stated she will speak with Mr. Barthelemy and the Village's consultant regarding design. Mayor Gerwig thanked everyone for covering for her at events due to her not feeling well and stated the next Council Meeting would be held in two weeks. 13. ADJOURNMENT There being no further business to come before the Village Council, the meeting was adjourned at approximately 8:36 P.M. Village of Wellington Page 15