Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, April 26, 2022 7:00 PM Village Hall - Council Chambers Village Council Anne Gerwig, Mayor Michael Drahos, Vice Mayor John T. McGovern, Councilman Michael Napoleone, Councilman Tanya Siskind, Councilwoman Village Council Action Summary - Final April 26, 2022 1. CALL TO ORDER Mayor Gerwig called the meeting to order at 7:00 p.m. Council Members present: Anne Gerwig, Mayor; Michael Drahos, Vice Mayor; John T. McGovern, Councilman; and Tanya Siskind, Councilwoman. Council Members absent: Michael Napoleone, Councilman. 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 Cub Scout Pack 125 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 presented. A motion was made by Councilman McGovern, seconded by Councilwoman Siskind, and unanimously passed (4-0), to approve the Agenda as presented. 5. PRESENTATIONS AND PROCLAMATIONS A. 22-5041 PACK 125 ANNUAL PINEWOOD DERBY TROPHY PRESENTATION Mr. Barnes introduced the item. Randy Wertepny stated they are proud to present the Pack 125 Hero’s Cup. This is a perpetual trophy to be awarded to the winners of the Annual Pinewood Derby. He provided an overview of the trophy and the previous and current winners. Members of the pack presented the trophy to the Village Council. Cub Scout Pack 125 thanked Council for their support. Village of Wellington Page 1 Village Council Action Summary - Final April 26, 2022 Council thanked the Cub Scout Pack 125 and stated they like having the event at the Amphitheater. B. 22-5043 RECOGNITION OF POLO PARK MIDDLE SCHOOL ROBOTICS TEAMS Mr. Barnes introduced the item. Mr. David Grad, a STEM/Digital Art and Design teacher for Polo Park Middle School, presented his students who won a regional championship. Students introduced their team members and gave an overview of their attendance at the qualifiers, the regional championship and awards. Mr. Grad spoke regarding the robotics program and the students’ efforts. He stated they won fifteen awards within the three teams. The Village Council commended and congratulated the students, parents and coaches/teachers. Council also presented certificates and pins to the students. 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 presented. A motion was made by Councilman McGovern, seconded by Councilwoman Siskind, and unanimously passed (4-0), to approve the Consent Agenda as presented. A. 21-4720 AUTHORIZATION TO UTILIZE A FLORIDA SHERIFFS ASSOCIATION (FSA) CONTRACT, AS A BASIS FOR PRICING, FOR THE PURCHASE AND DELIVERY OF TIRES AND RELATED SERVICES This item approved on Consent. B. 21-4887 AUTHORIZATION TO AWARD A CONTRACT FOR THE EXTERIOR PAINTING OF THE WELLINGTON COMMUNITY CENTER AND VILLAGE PARK GYMNASIUM This item approved on Consent. C. 22-4981 AUTHORIZATION TO DISPOSE OF SURPLUS TANGIBLE PERSONAL PROPERTY This item approved on Consent. Village of Wellington Page 2 Village Council Action Summary - Final April 26, 2022 D. 22-5017 AUTHORIZATION TO RENEW AN ANNUAL AUDITING SERVICES CONTRACT WITH GRAU AND ASSOCIATES This item approved on Consent. E. 22-5018 AUTHORIZATION TO CONTINUE UTILIZING INDEPENDENT CONTRACTOR AGREEMENTS WITH TENNIS PROFESSIONALS TO PROVIDE TENNIS INSTRUCTION This item approved on Consent. 7. PUBLIC HEARINGS A. 22-5078 ORDINANCE NO. 2022-15 (PROPOSING REFERENDUM QUESTION NO. 1 TO AMEND SECTION 6(B) OF WELLINGTON’S MUNICIPAL CHARTER RELATING TO TERM OF OFFICE FOR MAYOR AND COUNCILMEMBERS AND REMOVING UNNECESSARY LANAGUGE RELATING TO FILLING OF VACANCIES) AN ORDINANCE OF WELLINGTON’S COUNCIL PROPOSING REFERENDUM QUESITON NO. 1 TO AMEND SECTION 6(B) OF WELLINGTON’S MUNICIPAL CHARTER TO CLARIFY THAT A COUNCILMEMBER WHO HAS SERVED PART OR ALL OF THEIR TERM(S) MAY SERVE AS MAYOR, BUT NO MAYOR MAY THEREAFTER SERVE A CONSECUTIVE TERM AS A COUNCILMEMBER UNTIL AT LEAST ONE YEAR FOLLOWING THE DATE UPON WHICH THEY VACATE THEIR OFFICE, COUNTING TIME SERVED AS MAYOR PRIOR TO THE AUGUST 23, 2022 ELECTION TOWARD SUCH TERM LIMITS, ELIMINATING LANGUAGE MADE UNNECESSARY BY THE AMENDMENT AND REVISING SECTION (B) (1) TO REMOVE LANGUAGE RELATING TO APPOINTMENT TO FILL A VACANCY, PROVIDING FOR THE SUBMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF WELLINGTON AT THE PRIMARY ELECTION TO BE HELD ON AUGUST 23, 2022; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR PUBLICATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. Ms. Addie read the caption for Ordinance No. 2022-15. Ms. Cohen discussed the Ordinance and stated this will clarify term limits that are currently in the Charter. There is some ambiguity and this ordinance provides for that clarification. Village of Wellington Page 3 Village Council Action Summary - Final April 26, 2022 Mayor Gerwig commented regarding the Charter language about Council members and Mayor terms. She referenced the previous memo from the Village Attorney. Councilman McGovern spoke regarding the Charter and term limits. He expressed concern as it applies to the referendum question, title and summary. He said he felt it was cumbersome and unclear. As a result, he met with the Village Attorney to discuss the ordinance. Ms. Cohen handed out a revised ordinance with the changes to the question, title and ballot summary. Council discussed the revised ordinance language. Public Hearing A motion was made by Councilman McGovern, seconded by Councilwoman Siskind, and unanimously passed (4-0) to open the public hearing. There being no public comments, a motion was made by Vice Mayor Drahos, seconded by Councilwoman Siskind, and unanimously passed (4-0) to close the public hearing. A motion was made by Vice Mayor Drahos, seconded by Councilwoman Siskind, and passed (3-1; Mayor Gerwig dissenting) to approve Ordinance No. 2022-15 (Proposing Referendum Question No. 1 to Amend Section 6(B) of Wellington’s Municipal Charter Relating to Term of Office for Mayor and Councilmembers and Removing Unnecessary Language Relating to Filling of Vacancies) with changes as recommended by Councilman McGovern on second reading. B. 22-5077 ORDINANCE NO. 2022-14 (PROPOSING REFERENDUM QUESTION NO. 2 TO AMEND SECTION 9(G) OF WELLINGTON’S MUNICIPAL CHARTER RELATING TO WELLINGTON’S CANVASSING BOARD) AN ORDINANCE OF WELLINGTON’S COUNCIL PROPOSING AN AMENDMENT TO SECTION 9(G) OF WELLINGTON’S MUNICIPAL CHARTER TO PERMIT WELLINGTON TO DESIGNATE THE PALM BEACH COUNTY CANVASSING BOARD TO SERVE AS WELLINGTON’S CANVASSING BOARD DURING UNIFORM MUNICIPAL ELECTIONS, PROVIDING FOR THE SUBMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF Village of Wellington Page 4 Village Council Action Summary - Final April 26, 2022 WELLINGTON AT THE PRIMARY ELECTION TO BE HELD ON AUGUST 23, 2022; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR PUBLICATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. Ms. Addie read the caption for Ordinance No. 2022-14. Ms. Cohen discussed the Ordinance and stated she made the revisions as requested at the Agenda Review meeting. Mayor Gerwig spoke regarding a special election and the canvassing process. Councilman McGovern asked Ms. Cohen to explain the second sentence of the ballot summary. Public Hearing A motion was made by Councilman McGovern, seconded by Councilwoman Siskind, and unanimously passed (4-0) to open the public hearing. There being no public comments, a motion was made by Councilman McGovern, seconded by Councilwoman Siskind, and unanimously passed (4-0) to close the public hearing. A motion was made by Councilman McGovern, seconded by Councilwoman Siskind, and unanimously passed (4-0) to approve Ordinance No. 2022-14 (Proposing Referendum Question No. 2 to Amend Section 9(G) of Wellington’s Municipal Charter Relating to Wellington’s Canvassing Board) as amended on second reading. C. 22-5082 ORDINANCE NO. 2022-13 (SIGN CODE - ZONING TEXT AMENDMENT TO WELLINGTON’S LAND DEVELOPMENT REGULATIONS) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE WELLINGTON LAND DEVELOPMENT REGULATIONS BY REPEALING AND REPLACING ARTICLE 7, “SITE DEVELOPMENT STANDARDS,” CHAPTER 9, "SIGN REGULATIONS” TO ADDRESS CURRENT CASE LAW REQUIREMENTS AND TO ESTABLISH SPECIFIC STANDARDS AND REGULATIONS RELATED Village of Wellington Page 5 Village Council Action Summary - Final April 26, 2022 TO SIGNS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. Ms. Addie read the caption for Ordinance No. 2022-13. Mr. Stillings stated the last update was in 2020 as a part of the overall Land Development Regulations (LDR) update. The proposed update is needed to address recent court rulings regarding sign codes. The overall intent is to regulate location, size and number but not infringe on constitutional rights. He highlighted the changes and updates to the sign code. He also discussed the changes that were made since first reading. Mayor Gerwig inquired about the impact of the 25% overall window area language on the businesses that are already established. Mr. Stillings stated established businesses would be considered legal, nonconforming. He informed Council of a new appeal process that would be from the Architectural Review Board (ARB) to the Planning, Zoning and Adjustment Board (PZAB) instead of going to the court. Mayor Gerwig stated she does not support the change regarding the 25% overall window area. She likes the addition of the opacity language and the definitions for the area of signs. Councilman McGovern stated he likes the addition of the appeal process from ARB to the PZAB. He commented regarding the 25% overall window area. He inquired about murals. Mr. Stillings stated murals are not allowed as signage. However, a wall sign could be put up. Councilman McGovern referenced the changes. Mayor Gerwig asked which signs were changed. Mr. Stillings responded that temporary signs were changed. Councilman McGovern commented regarding vinyl covering and opacity. Mr. Stillings stated this was heard in March by the PZAB and they recommended approval by a vote of 5-1; with the recommendation of keeping the timeframe of 30 days for temporary signs prior to an election. Village of Wellington Page 6 Village Council Action Summary - Final April 26, 2022 Mayor Gerwig inquired if the PZAB saw the changes that were made regarding the 25% overall window area and maximum 50% of one window. Mr. Stillings replied no and said that PZAB approved the language that is in the ordinance attached to the agenda package and the staff changes were handed out separately. Public Hearing A motion was made by Councilman McGovern, seconded by Councilwoman Siskind, and unanimously passed (4-0) to open the public hearing. Public Comment: 1. Sarah Baxter spoke regarding the changes to signage. There being no further public comments, a motion was made by Vice Mayor Drahos, seconded by Councilwoman Siskind, and unanimously passed (4-0) to close the public hearing. Vice Mayor Drahos stated when the Village recognizes that there is an issue or even before something becomes an issue, it should be addressed. He said the critical part is that a business owner can seek a variance if necessary. He said he has confidence the ARB and PZAB will get the job done. Vice Mayor Drahos stated that the Council has to protect the aesthetic of the Village. Councilman McGovern thanked Mr. Stillings, Ms. Cohen and outside counsel for this extensive amount of work. He said it protects the Village legally and he agrees with the comments of the Vice Mayor. He commented regarding the appeal process from ARB to PZAB. Councilman McGovern recommended one change regarding the single color vinyl coverings. Councilwoman Siskind stated she supports this because a business can seek a variance and the current businesses are grandfathered in. She said she supports the change regarding the single color vinyl coverings. Mayor Gerwig stated she will not support this because it is an undue disadvantage to a new business. She said she supports the limitation on political signs and unlicensed marketing signs because these are what residents have complained to her about. A motion was made by Councilman McGovern, seconded by Village of Wellington Page 7 Village Council Action Summary - Final April 26, 2022 Vice Mayor Drahos, and passed (3-1; Mayor Gerwig dissenting) to approve Ordinance No. 2022-13 (Sign Code - Zoning Text Amendment to Wellington’s Land Development Regulations) as amended on second reading. 8. REGULAR AGENDA There were no Regular Agenda Items. 9. PUBLIC FORUM Mr. Barnes indicated there were no comment cards received. 10. ATTORNEY'S REPORT MS. COHEN: Ms. Cohen presented the following report: Ms. Cohen stated she had no report. 11. MANAGER'S REPORT MR. BARNES: Mr. Barnes presented the following report: The Next Regular Council Meeting will be held on Tuesday, May 10, 2022 at 7:00 p.m. The Community Services Department started its Mental Health Counseling Program yesterday. The program is group sessions with a licensed clinical Mental Health Provider who is experienced working with youth. The first group of participants will be students who attend the Boys & Girls Club. Their parents have consented and referrals were made by guidance counselors from their respective schools. The program will take place at the Community Services Building from 3:00 p.m. to 6:00 p.m., Monday through Thursday. All of our Wellington Schools have been informed and the Community Services Department has started receiving referrals. The funding is from the CARES ACT Youth Activities component. Mayor Gerwig asked if there is a limit as to how many students can be served. Mr. Barnes stated the limit is the afternoon hours and if they cannot be accommodated for a certain day, they can be scheduled for another day. The USTA Community Coaches Workshop will be held at the Tennis Facility on May 21, 2022. Village of Wellington Page 8 Village Council Action Summary - Final April 26, 2022 The Aero Club Drive Shoulder Widening/Landscaping Construction Project will begin on May 1, 2022. The Public Safety Committee and Education Committee will be holding a joint meeting on Wednesday, April 27, 2022 at 6:30 p.m. at the Wellington Community Center Grande Ballroom. Demand continues for the Village COVID-19 Testing Sites. The Village Hall site has seen the highest usage with over 550 tests conducted last week. Just a reminder that if there is a testing need, residents and the public are welcomed to visit one of the three pop-up testing site locations at either Village Hall, South Shore Blvd near Palm Beach International Academy, or the Wellington Green Park behind the Hampton Inn. Mayor Gerwig asked if all three sites are available for self-pay. Mr. Barnes stated they are available for self-pay. The GoWellington App has seen good usage over the past 2 weeks with over 100 requests entered and ¾ of those requests addressed in an average of 1.5 days. The Florida Association of Public Procurement Officials, Inc. (FAPPO) awarded Wellington’s Procurement Team the Award of Excellence in Public Procurement for 2022. The Village is one of 19 agencies that have earned this prestigious award. Mr. Barnes congratulated Melvin Corredor, Chief Plans Examiner/Building Division, who earned his Masters of Business Administration (MBA) from the University of Florida. Mr. Barnes suggested the Board and Committee appointments item be moved to the Council meeting in June. He stated the current board and committee members would continue to serve until that time. 12. COUNCIL REPORTS VICE MAYOR DRAHOS: Vice Mayor Drahos presented the following report: Vice Mayor Drahos commented regarding the Board and Committee openings and stated he meets with his appointees to discuss the role of the boards and committees. He encouraged anyone who is interested in serving to contact him. Village of Wellington Page 9 Village Council Action Summary - Final April 26, 2022 Vice Mayor Drahos mentioned the upcoming Visioning Sessions and stated if residents have any issues they would like for Council to address during the sessions to reach out to anyone on the Village Council. Mayor Gerwig informed Vice Mayor Drahos that she would not be reappointing Salvatore Van Casteren, Planning, Zoning and Adjustment Board and Samuel Falzone, Parks & Recreation Advisory Board, because she has others in mind for her appointments to those particular boards. She said they both have done a great job on those respective boards if he is interested in appointing them to other boards and committees. COUNCILMAN MCGOVERN: Councilman McGovern presented the following report: Councilman McGovern encouraged anyone who wants to serve on any board to apply. He stated each board and committee consists of seven members and have an important function on many issues throughout the community. Councilman McGovern stated there has been a return to community events. He said the Annual Egg Hunt, Great American Clean-Up and Earth/Arbor Day events were well run and well attended. Councilman McGovern congratulated the Boys & Girls Club on their Annual Gala held this past Friday night. He said it was exceptional. Councilman McGovern thanked Congresswoman Frankel and Councilwoman Siskind who joined him at the Boys & Girls Club on this past Wednesday. He said the three Boys & Girls Clubs in Congresswoman Frankel's district received a federal appropriation of more than half a million dollars to focus on training the children in robotics, drones and other cutting edge fields in the job market. He indicated that it was a wonderful presentation and the children were beyond thrilled. He said it is exciting that the Village will have this at the Wellington Boys & Girls Club. Councilman McGovern commended staff on the work they are doing on the tutoring program to prevent the summer slide. He said he has heard about it from school principals and the superintendent called and stated he appreciates this. COUNCILWOMAN SISKIND: Councilwoman Siskind presented the following report: Village of Wellington Page 10 Village Council Action Summary - Final April 26, 2022 Councilwoman Siskind stated all of her previous board and committee appointees would like to be re-appointed and she feels they are doing an excellent job. She inquired about the Affordable Housing Advisory Committee (AHAC) appointments. Ms. Cohen stated it is a much larger board compared to the Village's other boards and committees. There was brief Council discussion regarding the AHAC appointment process and criteria. MAYOR GERWIG: Mayor Gerwig presented the following report: Mayor Gerwig thanked everyone for covering for her last week at various events. She stated she was sick. Mayor Gerwig stated on Sunday she participated in the Hurdle Haul. She said she had a very nice walk with school board member Marcia Andrews and thanked the Chamber for their work. She commended Michelle Garvey, Ryan Hagopian and everyone on the team. Mayor Gerwig said they do an excellent job of putting the events together. She stated people who came from outside of the community to participate were impressed with Village Park. 13. ADJOURNMENT There being no further business to come before the Village Council, the meeting was adjourned at approximately 8:46 P.M. Village of Wellington Page 11