Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, June 13, 2023 7:00 PM Village Hall - Council Chambers Village Council Anne Gerwig, Mayor Michael Napoleone, Vice Mayor John T. McGovern, Councilman Michael Drahos, Councilman Tanya Siskind, Councilwoman Village Council Action Summary - Final June 13, 2023 1. CALL TO ORDER Mayor Gerwig called the meeting to order at 7:00 p.m. Council Members present: Anne Gerwig, Mayor; Michael Napoleone, Vice Mayor; John T. McGovern, Councilman; Michael Drahos, 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. 4. APPROVAL OF AGENDA Mr. Barnes indicated staff recommended approval of the Agenda as amended. 1. Add Recognizing Captain Rolando Silva on His Retirement and Dedication to the Palm Beach County Sheriff's Office District 8 Wellington to Presentations And Proclamations as Item 5A. 2. Move Consent Item 6F, Resolution No. R2023-28 (Appoint Members to Fill Vacancies on the Wellington Affordable Housing Advisory Committee), to the Regular Agenda as Item 8B. 3. Move Consent Item 6G, Code Compliance Lien Reduction for 14082 Wellington Trace, to the Regular Agenda as Item 8C. A motion was made by Vice Mayor Napoleone, seconded by Councilwoman Siskind, and unanimously passed (5-0), to approve the Agenda as amended. 5. PRESENTATIONS AND PROCLAMATIONS A. 23-5961 RECOGNIZING CAPTAIN ROLANDO SILVA ON THIS RETIREMENT AND DEDICATION TO THE PALM BEACH COUNTY SHERIFF'S OFFICE DISTRICT 8 WELLINGTON (THIS ITEM ADDED TO THE Village of Wellington Page 1 Village Council Action Summary - Final June 13, 2023 AGENDA) This Item added to the Agenda. Mr. Barnes introduced the item. Sheriff Ric Bradshaw thanked the Village Council, gave brief comments and presented a certificate to Mrs. Silva. In addition, he presented a certificate, plaque, and the Captain’s retired badge to Captain Silva. He thanked Captain Silva for all of his years of service. Major Eric Coleman highlighted Captain Silva’s accomplishments throughout his career; and presented the Legion of Merit to Captain Silva. Captain Silva stated he is grateful and thanked Sheriff Bradshaw, Major Coleman, Village Council and his wife. The Village Council commended Captain Silva for his service to the Village of Wellington. B. 23-5884 PALM BEACH COUNTY SHERIFF’S OFFICE DISTRICT 8 WELLINGTON FY22 ANNUAL REPORT PRESENTATION Mr. Barnes introduced the item. Captain Nichole Addazio of the Palm Beach County Sheriff’s Office (PBSO) introduced Major Coleman, Lieutenant Humphrey, Sergeant DeJoy, and Deputy Harper. She also acknowledged her analyst, Vivian Fernandez. She thanked Council for the opportunity and presented the District 8 Wellington FY 22 Annual Report. Council gave comments and asked various questions in regards to the report. Captain Nichole Addazio responded to Council's questions. Council extended thanks to Captain Nichole Addazio and her team and commended her for the comprehensive report. 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 Vice Mayor Napoleone, seconded by Councilwoman Siskind, and unanimously passed (5-0), to approve the Consent Agenda as amended. Village of Wellington Page 2 Village Council Action Summary - Final June 13, 2023 A. 23-5943 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF MAY 9, 2023 AND MAY 30, 2023 This item approved on Consent. B. 23-5728 AUTHORIZATION TO RENEW EXISTING CONTRACTS FOR PALM TREE PRUNING AND ROOT PRUNING This item approved on Consent. C. 23-5849 AUTHORIZATION TO AWARD A CONTRACT FOR THE LASER GRADE OF (21) WELLINGTON TENNIS COURTS This item approved on Consent. D. 23-5934 AUTHORIZATION TO AWARD A TASK ORDER TO PROVIDE ENGINEERING CONSULTING SERVICES FOR THE WELLINGTON ENVIRONMENTAL PRESERVE (SECTION 24) EXPANSION PROJECT This item approved on Consent. E. 23-5729 AUTHORIZATION TO RENEW AN EXISTING CONTRACT FOR INSURANCE BROKERAGE SERVICES This item approved on Consent. F. THIS ITEM MOVED TO THE REGULAR AGENDA AS ITEM 8B. G. THIS ITEM MOVED TO THE REGULAR AGENDA AS ITEM 8C. H. 23-5935 RESOLUTION NO. AC2023-01 (EASEMENT AGREEMENT) A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ACME IMPROVEMENT DISTRICT APPROVING EASEMENT AGREEMENT BETWEEN ACME IMPROVEMENT DISTRICT AND FAR NIENTE STABLES I, LLC AND WELLINGTON CYPRESS GOLF, LLC TO GRANT A NON-EXCLUSIVE, PERPETUAL EASEMENT ON, AND OVER, THAT CERTAIN PORTION OF C-6 CANAL; PROVIDING AN EFFECTIVE DATE. This item approved on Consent. 7. PUBLIC HEARINGS There were no Public Hearings. Village of Wellington Page 3 Village Council Action Summary - Final June 13, 2023 8. REGULAR AGENDA A. 23-5856 A. APPROVAL OF AMENDMENT NO. 3 TO COMPREHENSIVE AGREEMENT FOR THE DESIGN, DEVELOPMENT, CONSTRUCTION AND OPERATION OF WELLINGTON COMMUNITY PARK B. APPROVAL OF RESOLUTION NO. R2023-29 AUTHORIZING THE WELLINGTON COMMUNITY PARK BOND ISSUANCE RESOLUTION NO. R2023-29 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF WELLINGTON, FLORIDA (THE “VILLAGE”); AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT REVENUE BONDS IN ONE OR MORE SERIES FOR THE PURPOSE OF FINANCING THE COSTS OF (A) ACQUIRING, CONSTRUCTING AND INSTALLING CAPITAL AND NON-CAPITAL PROJECTS FOR THE BENEFIT OF THE VILLAGE, AND (B) REFUNDING PRIOR OBLIGATIONS ISSUED BY OR ON BEHALF OF THE VILLAGE, AND ALL OTHER COSTS NECESSARY OR INCIDENTAL THERETO; PROVIDING FOR THE TERMS AND PAYMENT OF SUCH BONDS; PROVIDING FOR THE RIGHTS, SECURITY AND REMEDIES OF THE HOLDERS THEREOF; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE ISSUANCE AND NEGOTIATED SALE OF THE VILLAGE’S TAXABLE PUBLIC IMPROVEMENT REVENUE BONDS, SERIES 2023 (THE “SERIES 2023 BONDS”), IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $34,000,000 FOR THE PURPOSE OF FINANCING THE SERIES 2023 PROJECT; DESCRIBING THE SERIES 2023 PROJECT; DETERMINING CERTAIN DETAILS OF THE SERIES 2023 BONDS; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF THE SERIES 2023 BONDS; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE SERIES 2023 BONDS TO THE UNDERWRITERS AND SETTING THE PARAMETERS BY WHICH THE MAYOR OR VILLAGE MANAGER SHALL BE AUTHORIZED TO EXECUTE AND DELIVER THE BOND PURCHASE AGREEMENT; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF THE SERIES 2023 BONDS AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT; APPOINTING A PAYING AGENT AND REGISTRAR; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT; PROVIDING FOR THE Village of Wellington Page 4 Village Council Action Summary - Final June 13, 2023 VILLAGE’S FINANCIAL ADVISOR TO MAKE RECOMMENDATIONS REGARDING CERTAIN DETAILS OF THE BONDS, WHETHER TO FUND A SERIES 2023 RESERVE SUBACCOUNT AND WHETHER TO OBTAIN A BOND INSURANCE POLICY AND/OR RESERVE ACCOUNT CREDIT FACILITY FOR THE SERIES 2023 BONDS, AND AUTHORIZING THE VILLAGE TO FOLLOW SUCH RECOMMENDATIONS; AUTHORIZING THE SERIES 2023 BONDS TO BE REGISTERED UNDER A BOOK-ENTRY ONLY SYSTEM OF REGISTRATION AND TO EXECUTE A BLANKET LETER OF REPRESENTATION WITH DTC; AUTHORIZING THE PROPER OFFICIALS OF THE VILLAGE TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2023 BONDS; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. Ms. Addie read the Resolution by title. Mr. Skip Miller, Bond Counsel/Greenspoon Marder, explained the bond resolution and referenced the exhibits to the bond resolution. He stated the Village’s underwriter and financial advisors were present in the audience. Council asked questions regarding Mr. Miller’s review of the agreement, bond resolution, and mitigation of risks. Mr. Miller responded to Council’s questions. Ms. Cohen explained the Backstop Funding Agreement. Ms. Quickel introduced the team members who were present in the audience: Steven W. Eaddy and Lourdes Reyes Abadin from Estrada Hinojosa; Skip Miller from Greenspoon Marder; Rex B. Kirby, President of Verdex Construction; S. Kaitlin Guerin, ESQ., Associate for Gunster Yoakley & Stewart P.A. (representing Wellington Athletics, LLC.); Matt Boles from RBC Financing; and Jim Arnold from The Sports Facility Advisors (available via Zoom). She stated the entire team has worked on this. Ms. Cohen reiterated that the whole team reviewed the documents and provided alot of input. A motion was made by Councilman Drahos, seconded by Vice Mayor Napoleone, and unanimously passed (5-0), to approve Amendment No. 3 to the Comprehensive Agreement for the Design, Development, Construction and Operation of Wellington Village of Wellington Page 5 Village Council Action Summary - Final June 13, 2023 Community Park. A motion was made by Councilman Drahos, seconded by Vice Mayor Napoleone, and unanimously passed (5-0), to approve Resolution No. R2023-29 (Authorizing The Wellington Community Park Bond Issuance). Mayor Gerwig recognized Mr. Jon Bostic, Founder and President of Wellington Athletics, LLC., his team and Adam Kerr from Kimley Horn & Associates who were present in the audience. Ms. Cohen recognized Ms. Guerin for all of her work and effort on the documents. B. 23-5909 RESOLUTION NO. R2023-28 (APPOINT MEMBERS TO FILL VACANCIES ON THE WELLINGTON AFFORDABLE HOUSING ADVISORY COMMITTEE VACANCIES) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPOINTING MEMBERS TO FILL VACANCIES ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE CONSISTENT WITH ORDINANCE NO. 2022-04 AND SECTION 420.9076, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE. This item was formally Consent Item 6F. Mr. Barnes introduced the item. Councilwoman Siskind declared a Conflict of Interest and left the dais. The Council held brief discussion regarding the applicants. A motion was made by Vice Mayor Napoleone, seconded by Councilman McGovern, and unanimously passed (4-0; Councilwoman Siskind recused), to approve the appointment of John Bowers and Diana Stevens as members of the Affordable Housing Advisory Committee. C. 23-5928 CODE COMPLIANCE LIEN REDUCTION FOR 14082 WELLINGTON TRACE This item was formally Consent Item 6G. Mr. Barnes introduced the item. Mr. Stillings presented this item and referenced the history of the code compliance actions and fines. Village of Wellington Page 6 Village Council Action Summary - Final June 13, 2023 Mayor Gerwig asked what the violations were and if the violations have been corrected. Mr. Stillings stated the corrections have been made to the property. Councilman Drahos asked how the liens accumulated to this amount. Mr. Stillings responded to the Village Council’s questions. Mr. Jean, Expanding Enterprises, LLC./Property Owner, spoke regarding the liens on the property, corrections that have been made to bring the property into compliance, and his loan for the property. There was discussion regarding the liens between the Village Council and Mr. Jean. Mr. Jean responded to Council’s questions. A motion was made by Vice Mayor Napoleone, seconded by Councilman Drahos, and unanimously passed (5-0), for the fine to be paid in eighteen (18) equal payments totaling $20,000 plus administrative costs beginning on July 1, 2023 for 14082 Wellington Trace. 9. PUBLIC FORUM There were no comment cards submitted for public forum. 10. ATTORNEY'S REPORT MS. COHEN: Ms. Cohen presented the following report: Ms. Cohen briefly provided an update on the Pine Tree cases. Ms. Cohen mentioned a pro se individual who filed two complaints against the Village. She spoke regarding hearings. Mayor Gerwig inquired about the 50-foot strip. Mr. Barnes stated the Village is waiting on Anderson Carr. 11. MANAGER'S REPORT MR. BARNES: Mr. Barnes presented the following report: Next Council Meeting will be held on Tuesday, July 11, 2023 at 7:00 p.m. Village of Wellington Page 7 Village Council Action Summary - Final June 13, 2023 The “Annual Redteenth, a celebration of Juneteenth” event will be held on Monday, June 19, 2023 from 4:00 p.m. to 8:00 p.m. at the Wellington Amphitheater; with free admission, musical acts, battle of the bands, dance groups, spoken word, food trucks, and much more. Regarding the Cyber Security arena, the IT staff has been busy staying on top of the issues regarding attacks and phishing. If there is uncertainty regarding an email, please reach out to IT staff to review the legitimacy of the email and/or attachment. Earlier today, PBSO District 8 team members were recognized at the 37th Annual Traffic Safety Awards for their achievements in Wellington this year regarding traffic safety and enforcement initiatives. The Village of Wellington Public Safety Committee’s regularly scheduled meeting will be held on Wednesday, June 14, 2023 at 6:30 p.m. in the Council Chambers. The Village received notice that Joan Gleason passed away and her service will be held in North Carolina. The Village received a reimbursement check from the Florida Communities Trust (FCT) for the Moncada property purchase. 12. COUNCIL REPORTS VICE MAYOR NAPOLEONE: Vice Mayor Napoleone presented the following report: Vice Mayor Napoleone thanked the Equestrian Preserve Committee (EPC) members and the public who attended and participated in the EPC meetings last week. Vice Mayor Napoleone stated the Village was a national finalist for the All-America City Award and gave comments regarding the trip to Denver and the presentation. Council gave comments regarding the event, what they shared and learned, and the funding for the trip to Denver. Mayor Gerwig asked that the donors, who aided in getting the team to Denver, be recognized. COUNCILMAN DRAHOS: Councilman Drahos presented the following report: Village of Wellington Page 8 Village Council Action Summary - Final June 13, 2023 Councilman Drahos inquired about the Big Blue Trace Landscaping Project town hall meetings. Mr. Barnes spoke regarding the upcoming meetings and the timeline for the project. COUNCILMAN MCGOVERN: Councilman McGovern presented the following report: Councilman McGovern stated he had no further comments. COUNCILWOMAN SISKIND: Councilwoman Siskind presented the following report: Councilwoman Siskind stated the kids were amazing at the All-America City Award event and thanked everyone who assisted with the trip to Denver. MAYOR GERWIG: Mayor Gerwig presented the following report: Mayor Gerwig recognized Alice Machiela on her retirement. Mayor Gerwig commented regarding short-term rentals. 13. ADJOURNMENT There being no further business to come before the Village Council, the meeting was adjourned at approximately 9:16 P.M. Village of Wellington Page 9