Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, January 10, 2023 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 January 10, 2023 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; 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 Mayor Gerwig led the Pledge of Allegiance. 3. INVOCATION Deacon Pete Del Valle, St. Therese de Lisieux Catholic Church, delivered the invocation. Mayor Gerwig called for a Moment of Silence for Former Mayor Tom Wenham who passed away recently. Mr. Barnes provided background information regarding Mr. Wenham. Councilman McGovern suggested a location be named after Former Mayor Wenham. 4. APPROVAL OF AGENDA Mr. Barnes indicated staff recommended approval of the Agenda as amended. 1. Add A Proclamation Recognizing the Formation of The Thurgood Marshall Masonic Lodge #121 in the Village of Wellington as Item 5C. A motion was made by Councilman McGovern, seconded by Councilwoman Siskind, and unanimously passed (5-0), to approve the Agenda as amended. 5. PRESENTATIONS AND PROCLAMATIONS A. 22-5670 PRESENTATION OF POLO PARK MIDDLE SCHOOL ROBOTICS TEAMS PROJECT Mr. Barnes introduced the item. Mr. David Grad, a STEM/Digital Art and Design teacher for Polo Park Village of Wellington Page 1 Village Council Action Summary - Final January 10, 2023 Middle School, presented his students and spoke regarding the robotics program and the students’ efforts. Students introduced their team members and gave an overview of their projects. The Village Council commended and congratulated the students, parents and coaches/teachers. B. 22-5677 A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA RECOGNIZING MICHAEL O’DELL ON HIS RETIREMENT AND DEDICATION TO THE VILLAGE OF WELLINGTON Mr. Barnes introduced this item. Ms. Addie read the proclamation. Council gave various comments, commended and congratulated Mr. O’Dell on his retirement. Mr. O’Dell thanked Council and his team and discussed his experience working for the Village of Wellington. Ms. Jane Cleveland, Chair of the Equestrian Preserve Committee (EPC), gave comments and commended Mr. O’Dell for his expertise and talent. C. A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON, FLORIDA RECOGNIZING THE FORMATION OF THE THURGOOD MARSHAL MASONIC LODGE #121 IN THE VILLAGE OF WELLINGTON (THIS ITEM ADDED TO THE AGENDA) This item added to the agenda. Mr. Barnes introduced this item. Ms. Addie read the proclamation. Council congratulated Thurgood Marshall Masonic Lodge #121 on receiving their charter and welcomed them to the Village. Representatives from the Thurgood Marshall Masonic Lodge #121 gave comments and thanked Council for the proclamation. 6. CONSENT AGENDA Mr. Barnes stated there was one comment card received for the Consent Agenda. Public Comment: Village of Wellington Page 2 Village Council Action Summary - Final January 10, 2023 1. Alexander Domb spoke regarding Item 6E and stated he emailed Council attachments this afternoon. 2. Bruce Tumin spoke regarding Item 6F. 3. Jack Brownson spoke regarding Item 6F and congratulated Mr. O’Dell on his retirement. Vice Mayor Drahos read the names into the record of those who did not wish to speak but supported the Blueways Master Plan (Item 6F). Councilman McGovern inquired about Item 6E regarding a fine reduction. Ms. Cohen responded to Councilman McGovern. She stated there will be an item on the agenda in February. Mr. Barnes indicated staff recommended approval of the Consent Agenda as amended. A motion was made by Vice Mayor Drahos, seconded by Councilman Napoleone, and unanimously passed (5-0), to approve the Consent Agenda as amended. PBSO Investigator Scott Poritz invited Council to the “A Day for Autism” event to be held on February 26, 2023 from 10:00 a.m. to 1:00 p.m. at Village Park. A. 22-5657 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF DECEMBER 13, 2022 This item approved on Consent. B. 22-5651 A PROCLAMATION OF WELLINGTON, FLORIDA’S COUNCIL PROCLAIMING JANUARY, 2023 AS “HUMAN TRAFFICKING AWARENESS MONTH” IN THE VILLAGE OF WELLINGTON This item approved on Consent. C. 22-5636 AUTHORIZATION TO AWARD A TASK ORDER TO KIMLEY-HORN AND ASSOCIATES, INC. TO PROVIDE ENGINEERING CONSULTING SERVICES FOR THE WATER TREATMENT PLANT (WTP) HIGH PRESSURE PUMP NINE (HPP9) PROJECT This item approved on Consent. D. 22-5658 AUTHORIZATION TO AWARD A TASK ORDER TO HAZEN & Village of Wellington Page 3 Village Council Action Summary - Final January 10, 2023 SAWYER P.C. TO PROVIDE ENGINEERING CONSULTING SERVICES FOR THE METER SYSTEM ASSESSMENT AND STRATEGIC PLAN PROJECT This item approved on Consent. E. 22-5669 AUTHORIZATION TO PROCEED WITH FORECLOSURE OF LIEN AGAINST PALM BEACH POLO, INC. ARISING FROM CODE COMPLIANCE CASE NO: 15-3902 (THE “DOG PARK CASE”) This item approved on Consent. F. 22-5525 RESOLUTION NO. R2022-66 (ADOPTION OF A BLUEWAYS MASTER PLAN) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, ADOPTING THE BLUEWAYS MASTER PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. This item approved on Consent. 7. PUBLIC HEARINGS A. 22-5663 CINDY DRIVE WELLINGTON PUD MASTER PLAN AMENDMENT A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, FOR A MASTER PLAN AMENDMENT (PETITION NUMBER 2022-0003-MPA) AMENDING THE WELLINGTON PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN FOR A CERTAIN PARCEL KNOWN AS PALM BEACH LITTLE RANCHES EAST OPEN SPACE AND RECREATION (A.K.A. 977 CINDY DRIVE), TOTALING 0.23-ACRE, MORE OR LESS, LOCATED APPROXIMATELY A HALF-MILE SOUTH OF ACME ROAD AND CINDY DRIVE INTERSECTION AT 977 CINDY DRIVE, AS MORE SPECIFICALLY DESCRIBED HEREIN; TO ADD ONE (1) DWELLING UNIT WITH SITE-SPECIFIC DEVELOPMENT STANDARDS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced this item. Ms. Addie read the Resolution by title. Ms. Cohen stated this item is Quasi-Judicial and swore in the individuals who wished to speak on this item. Council disclosed their ex parte communications. Mr. Stillings presented the item regarding the request for a Master Plan Amendment. Village of Wellington Page 4 Village Council Action Summary - Final January 10, 2023 Mr. Jonathan O'Boyle, representing the applicant, spoke regarding the request. Mr. Weiner, Applicant, spoke regarding his property and request. Ms. Tatiana Yacques, representing Palm Beach Little Ranches Property Owners’ Association and resident of the community, spoke regarding the request. Public Hearing A motion was made by Councilman Napoleone, seconded Vice Mayor Drahos, and unanimously passed (5-0) to open the public hearing. Public Comment: 1. Dr. Kristy Lund spoke regarding the property. 2. Jim Mantrozos submitted a comment card but chose not to speak. 3. Tatiana Yaques submitted a comment card but had already spoken as attorney for interested party. Vice Mayor Drahos read the names into the record of those who did not wish to speak but opposed the amendment to the Master Plan. There being no further public comments, a motion was made by Councilman McGovern seconded by Councilman Napoleone, and unanimously passed (5-0) to close the public hearing. Mr. Stillings provided clarification and a zoning confirmation letter provided to Mr. Weiner in 2006. There was discussion between Council, Mr. Stillings and Ms. Cohen. The applicant and interested party gave closings comments. The Village Council gave comments. A motion was made by Vice Mayor Drahos, seconded by Councilman McGovern, and unanimously passed (5-0) to approve Resolution No. R2022-64 (Denying the Cindy Drive Wellington PUD Master Plan Amendment). Village of Wellington Page 5 Village Council Action Summary - Final January 10, 2023 B. 22-5648 ORDINANCE NO. 2022-31 (PANTHER RUN ELEMENTARY ANNEXATION) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL; ANNEXING, PURSUANT TO A PETITION FOR VOLUNTARY ANNEXATION, REAL PROPERTY COMPRISING 20 ACRES LOCATED ON THE NORTH SIDE OF LAKE WORTH ROAD, APPROXIMATELY 0.66 MILE WEST OF STATE ROAD 7 IN PALM BEACH COUNTY, FLORIDA, KNOWN AS PANTHERS RUN ELEMENTARY SCHOOL; AS MORE PARTICULARLY 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 WELLINGTON; DIRECTING THE VILLAGE MANAGER TO DO ALL THINGS NECESSARY TO AFFECTUATE THIS ANNEXATION; DIRECTING THE WELLINGTON 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 SECTION 171.044, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. Ms. Addie read the Ordinance by title. Mr. Basehart presented the item and entered the files into the record. Public Hearing A motion was made by Councilman 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 McGovern, seconded by Councilwoman Siskind, and unanimously passed (5-0) to close the public hearing. A motion was made by Councilman McGovern, seconded by Councilwoman Siskind, and unanimously passed (5-0) to approve Ordinance No. 2022-31 (Panther Run Elementary Annexation) as presented on first reading. Village of Wellington Page 6 Village Council Action Summary - Final January 10, 2023 C. 22-5662 ORDINANCE NO. 2022-30 (CELL TOWER - ZONING TEXT AMENDMENT TO WELLINGTON’S LAND DEVELOPMENT REGULATIONS) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE WELLINGTON LAND DEVELOPMENT REGULATIONS, MORE SPECIFICALLY, A ZONING TEXT AMENDMENT TO MODIFY SECTION 6.2.2.G. TRANSPORTATION COMMUNICATIONS INFRASTRUCTURE, OF ARTICLE 6, TO PROVIDE STANDARDS FOR COMMERCIAL WIRELESS FACILITIES AND APPROVING A WIRELESS COMMUNICATION TOWER MAP WITH THE LOCATIONS OF PRELIMINARY APPROVED TOWERS AND APPROVED TOWERS WITHIN WELLINGTON, AS MORE SPECIFICALLY 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 stated this is second reading for a Zoning Text Amendment to the Land Development Regulations to streamline cell tower regulations. The Planning, Zoning and Adjustment Board (PZAB) recommended approval during their October 19, 2022 meeting. Mr. Stillings stated there have been no changes since first reading. Public Hearing A motion was made by Councilman Napoleone, seconded by Councilman 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 Councilman McGovern, seconded by Councilwoman Siskind, and unanimously passed (5-0) to approve Ordinance No. 2022-30 (Cell Tower - Zoning Text Amendment to Wellington’s Land Development Regulations) as presented on second reading. 8. REGULAR AGENDA Meeting went into Recess Village of Wellington Page 7 Village Council Action Summary - Final January 10, 2023 Meeting reconvened A. 22-5495 AUTHORIZATION TO AWARD A CONTRACT FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE CONSTRUCTION OF AN AQUATICS FACILITY Mr. Barnes introduced this item. Mayor Gerwig declared a Conflict of Interest, passed the gavel to Vice Mayor Drahos and left the dais. Mr. De La Vega presented the item. He provided an overview of the proposal and spoke regarding the scope of work. Councilwoman Siskind asked would there be a savings with splitting the scope regarding the pools. Vice Mayor Drahos inquired about why staff chose this particular company to perform the report. Mr. De La Vega briefly discussed the study and the firm that was chosen to conduct the study. Vice Mayor Drahos inquired about the timeframe to complete the report. Mr. De La Vega responded to Vice Mayor Drahos’ question. A motion was made by Councilman McGovern, seconded by Councilman Napoleone, and unanimously passed (4-0; with Mayor Gerwig recused) for Authorization to Award A Contract for Architectural and Engineering Services for the Construction of An Aquatics Facility. B. 22-5673 DISCUSSION LAKE WELLINGTON PROFESSIONAL CENTER Mr. Barnes introduced this item. Ms. Quickel presented the item. She provided an overview regarding the roof and phone system for the Lake Wellington Professional Center (LWPC). Councilman McGovern inquired about the purchase price of the facility. Ms. Quickel responded to the inquiry. Vice Mayor Drahos asked how many tenants are occupying the facility Village of Wellington Page 8 Village Council Action Summary - Final January 10, 2023 physically and virtually. Ms. Quickel responded to his inquiry. Public Comment: 1. Sara Baxter, Palm Beach County Commissioner/District 6, stated she was present on behalf of her district and spoke regarding the LWPC. 2. Gene Villa spoke regarding his insurance business at the LWPC and commented regarding a splash pad. 3. Linda Braswell spoke regarding her law business at the LWPC. She stated she has developed a Wellington practice. 4. Ronald J. Zeller spoke regarding his business at the LWPC. He is a virtual office user. 5. Diane Gutman, representing Wellington Cares, spoke regarding the impact of this decision on seniors. They utilize the LWPC to store supplies for seniors. 6. Marion Frank spoke regarding the LWPC and stated they are upset about the building being potentially torn down. 7. Paul Gerard spoke regarding the LWPC and suggested finding a partner. 8. Daryl Lyon spoke regarding the LWPC and read a statement into record. 9. Dermot MacMahon, real estate attorney, spoke regarding the LWPC and mentioned loss of clients and relocation. He referenced the Directions Workshop discussions. 10. Albert Maggio stated he is a virtual tenant at the LWPC and owns a small law firm. 11. Richard Tolbert spoke regarding the LWPC and a study. 12. Scott Sweigart on behalf of the Wellington Chamber of Commerce, spoke regarding the LWPC. He asked that Wellington continue to own and operate the LWPC. 13. Stuart Hack, Hack Tax & Accounting Services, spoke regarding the Village of Wellington Page 9 Village Council Action Summary - Final January 10, 2023 LWPC. 14. Brad Biggs, virtual tenant at the LWPC, referenced the comprehensive plan, FLUM, zoning and land use. 15. Jenny Gerard, who has a virtual office in the LWPC where she teaches meditation, asked Council to reconsider what the people want and need. 16. Dolores Bocian, Representative of Mayfair, stated they are concerned about security, noise, wall, environmental, air pollution, etc. 17. Christopher Levy spoke regarding businesses and tenants at the LWPC. 18. William Rosenberg has a corporate background and discussed multiplier effect regarding revenues. A motion was made by Councilman McGovern, seconded by Councilwoman Siskind, and passed (4-1; with Mayor Gerwig dissenting) to extend the meeting past 11:30 p.m. 19. Bruce Tumin discussed the LWPC and the tenants. 20. Vice Mayor Drahos read Johnny Meier’s comments into record. He was present but had to leave. 21. Vice Mayor Drahos read Scott Wash’s comments into record. He was present but had to leave. 22. Michael Menchise submitted a list of businesses that will be replaced and asked Council where the businesses will relocate. Mayor Gerwig read the list into record. 23. Judy Villa also submitted a list of businesses for the record. 24. Ivan Velasquez asked where the businesses will be relocated. Vice Mayor Drahos read the names into the record of those who did not wish to speak but were opposed. Mayor Gerwig asked if this item can be tabled until March 2023 because she is working on a plan. She asked for the support of the Council. There was Council discussion on the Mayor’s request. Village of Wellington Page 10 Village Council Action Summary - Final January 10, 2023 A motion was made by Councilman McGovern, seconded by Vice Mayor Drahos, and unanimously passed (5-0) to repay $1 million from the LWPC fund to the general fund and edit the letter so no letters are sent before March 15, 2023 and leases to end December 31, 2023. A motion was made by Councilman McGovern, seconded by Councilman Napoleone, and passed (4-1; with Mayor Gerwig dissenting) to extend the meeting past 11:45 p.m. C. 22-5672 DISCUSSION REGARDING LETTER OF INTEREST FOR WELLINGTON GREEN PARK Mr. Barnes introduced the item. Mayor Gerwig asked to table this item to the next Council meeting. Mr. De La Vega presented the item and stated two letters were drafted. He said staff is asking for direction. There was Council discussion regarding the letters and options. Public Comment: 1. Vice Mayor Drahos read Zenon Griffith Avery’s comment card into record. 2. Steve Traynor asked for time to conduct a presentation before Council from their committee on their strategy, “Project Lighthouse” for the Wellington Green Park site. He read a statement into record. Councilman McGovern suggested that a workshop be held. After discussion, it was Council Consensus to delay the Letters of Interest for one month. 9. PUBLIC FORUM There were no comments cards submitted for public forum. 10. ATTORNEY'S REPORT MS. COHEN: Ms. Cohen presented the following report: Ms. Cohen stated she had no report. Village of Wellington Page 11 Village Council Action Summary - Final January 10, 2023 11. MANAGER'S REPORT MR. BARNES: Mr. Barnes presented the following report: Next Council Meeting will be held on Tuesday, February 21, 2022 at 7:00 p.m. 12. COUNCIL REPORTS COUNCILWOMAN SISKIND: Councilwoman Siskind presented the following report: Councilwoman Siskind waived comment. COUNCILMAN MCGOVERN: Councilman McGovern presented the following report: Councilman McGovern waived comment. VICE MAYOR DRAHOS: Vice Mayor Drahos presented the following report: Vice Mayor Drahos waived comment. COUNCILMAN NAPOLEONE: Councilman Napoleone presented the following report: Councilman Napoleone waived comment. MAYOR GERWIG: Mayor Gerwig presented the following report: Mayor Gerwig waived comment. 13. ADJOURNMENT There being no further business to come before the Village Council, the meeting was adjourned at approximately 11:43 P.M. Village of Wellington Page 12