Village Council

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, February 13, 2024 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 February 13, 2024 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 Father Steven Thomas, Retired Rector of St. David’s in the Pines Episcopal 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 (5-0), to approve the Agenda as presented. 5. PRESENTATIONS AND PROCLAMATIONS A. 24-6336 PRESENTATION BY THE JEWISH WOMEN’S FEDERATION ON HUMAN TRAFFICKING AWARENESS Mr. Barnes introduced the item. Ms. Leslie Jay-Gould from the Jewish Women’s Federation did not attend the meeting. 6. CONSENT AGENDA Mr. Barnes stated there was one comment card on the Consent Agenda. Village of Wellington Page 1 Village Council Action Summary - Final February 13, 2024 Public Comment: 1. Jim Mantrozos spoke regarding Item 6I. Mr. Barnes indicated staff recommended approval of the Consent Agenda as presented. A motion was made by Vice Mayor Napoleone, seconded by Councilwoman Siskind, and unanimously passed (5-0), to approve the Consent Agenda as amended. A. 24-6315 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF JANUARY 16, 2024 AND MINUTES OF THE ACME LANDOWNERS MEETING OF JANUARY 16, 2024 This item approved on Consent. B. 23-6010 AUTHORIZATION TO AWARD A CONTRACT FOR ON-DEMAND RIDESHARE TRANSPORTATION SERVICES This item approved on Consent. C. 23-6173 AUTHORIZATION TO UTILIZE A SOURCEWELL CONTRACT, AS A BASIS FOR PRICING, WITH UNIFIRST CORPORATION FOR UNIFORMS AND RELATED PRODUCTS AND SERVICES This item approved on Consent. D. 23-6177 AUTHORIZATION TO AWARD A CONTRACT FOR THE C-9 CANAL AND RETENTION EXPANSION PROJECT This item approved on Consent. E. 24-6318 AUTHORIZATION TO UTILIZE A CITY OF BEVERLY HILLS AGREEMENT WITH E SOURCE COMPANIES, LLC, AS A BASIS FOR PRICING, FOR ADVANCED METERING INFRASTRUCTURE (AMI) PROCUREMENT, IMPLEMENTATION PLANNING, AND PROGRAM MANAGEMENT CONSULTING SERVICES This item approved on Consent. F. 24-6320 AUTHORIZATION TO REAPPOINT CODE COMPLIANCE SPECIAL MAGISTRATES: MICHAEL POSNER AND HOLLIE HAWN This item approved on Consent. G. 24-6337 AUTHORIZATION TO AMEND AN EXISTING PURCHASE ORDER FOR THE LICENSE PLATE READER (LPR) UPGRADE This item approved on Consent. Village of Wellington Page 2 Village Council Action Summary - Final February 13, 2024 H. 24-6342 RATIFICATION OF EMERGENCY PURCHASE ORDERS ISSUED FOR THE WATER TREATMENT PLANT POWER FAILURE This item approved on Consent. I. 24-6340 RESOLUTION NO. AC2024-01 (SOLID WASTE AUTHORITY BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP GRANT FOR THE VILLAGE OF WELLINGTON OLD LITTLE RANCHES BRIDGE DEMOLITION PROJECT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY FOR THE PURPOSE OF RECEIVING A GRANT UNDER PROVISIONS OF THE BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP GRANT PROGRAM FOR THE VILLAGE OF WELLINGTON OLD LITTLE RANCHES BRIDGE DEMOLITION PROJECT; AND PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. AC2024-02 (BUDGET AMENDMENT FOR SOLID WASTE AUTHORITY BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP GRANT AND PROJECT COSTS FOR THE VILLAGE OF WELLINGTON OLD LITTLE RANCHES BRIDGE DEMOLITION PROJECT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE FISCAL YEAR 2023-2024 GOVERNMENTAL CAPITAL FUND BUDGET FOR SOLID WASTE AUTHORITY BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP GRANT AWARDED FOR THE VILLAGE OF WELLINGTON OLD LITTLE RANCHES BRIDGE DEMOLITION PROJECT; AND PROVIDING AN EFFECTIVE DATE. This item approved on Consent. J. 24-6345 RESOLUTION NO. R2024-09 (FOR USDA FOREST SERVICE URBAN AND COMMUNITY FORESTRY INFLATION REDUCTION ACT PROGRAM GRANT FOR THE WELLINGTON ENVIRONMENTAL PRESERVE EXPANSION PROJECT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL RATIFYING THE DEPUTY VILLAGE MANAGER’S EXECUTION OF A SUB-AWARD AGREEMENT WITH THE NATIONAL ARBOR DAY FOUNDATION FOR THE PURPOSE OF RECEIVING A GRANT UNDER PROVISIONS OF THE USDA FOREST SERVICE URBAN AND COMMUNITY FORESTRY PROGRAM FOR THE WELLINGTON ENVIRONMENTAL PRESERVE EXPANSION PROJECT; AND Village of Wellington Page 3 Village Council Action Summary - Final February 13, 2024 PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. R2024-10 (BUDGET AMENDMENT FOR THE USDA FOREST SERVICE URBAN AND COMMUNITY FORESTRY PROGRAM GRANT FOR THE WELLINGTON ENVIRONMENTAL PRESERVE EXPANSION PROJECT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE FISCAL YEAR 2023-2024 GOVERNMENTAL CAPITAL FUND BUDGET FOR THE USDA FOREST SERVICE URBAN AND COMMUNITY FORESTRY PROGRAM GRANT AWARDED FOR THE VILLAGE OF WELLINGTON ENVIRONMENTAL PRESERVE EXPANSION PROJECT; AND PROVIDING AN EFFECTIVE DATE. This item approved on Consent. K. THIS ITEM MOVED TO THE REGULAR AGENDA AS ITEM 8C 7. PUBLIC HEARINGS A. 24-6339 ORDINANCE NO. 2023-13 (VACATION RENTALS ZONING TEXT AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, MODIFYING ARTICLE 6 OF THE LAND DEVELOPMENT REGULATIONS RELATED TO VACATION RENTALS BY AMENDING VACATION RENTALS IN TABLE 6.2-1: USE REGULATIONS SCHEDULE AS A SPECIAL USE; AMENDING SEC. 6.2.2.A BY AMENDING SUPPLEMENTARY REGULATIONS FOR VACATION RENTALS; CREATING SUSPENSION AND REVOCATION PROVISIONS, AND ESTABLISHING A SPECIAL USE PERMIT REQUIREMENT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item and stated there are individuals who have requested additional time to speak on this item. Ms. Addie read the Ordinance by title. Mr. Stillings presented this item. Council asked questions regarding the ordinance. Mr. Stillings and Mr. Barnes provided answers to Council’s questions. Public Hearing Village of Wellington Page 4 Village Council Action Summary - Final February 13, 2024 A motion was made by Vice Mayor Napoleone, seconded by Councilman Drahos, and unanimously passed (5-0) to open the public hearing. Public Comment: 1. Alina Armas spoke regarding revisions to Ordinance No. 2023-13. 2. Carole Hoydick read a statement into record regarding revisions to Ordinance No. 2023-13. 3. Anibal Munoz spoke regarding revisions to Ordinance No. 2023-13. 4. Tiffany Pawlyk stated she owns an Airbnb and spoke regarding revisions to Ordinance No. 2023-13. Vice Mayor Napoleone read comment cards into record from Lois Weinstein and Verlene Pitts who did not wish speak. There being no further public comments, a motion was made by Vice Mayor Napoleone, seconded by Councilwoman Siskind, and unanimously passed (5-0) to close the public hearing. There was further discussion between the Village Council, Mr. Barnes, Ms. Cohen and Mr. Stillings regarding the language, effective date or March 1, 2024, duration, sleeping room, revocation section, and language regarding response times. A motion was made by Vice Mayor Napoleone, seconded by Councilman Drahos, and unanimously passed (5-0) to approve Ordinance No. 2023-13 (Vacation Rentals Zoning Text Amendment) as amended on second reading. B. 24-6314 ORDINANCE NO. 2023-17 (SOUTHERN BOULEVARD ANNEXATION) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL ANNEXING, PURSUANT TO A PETITION FOR INVOLUNTARY ANNEXATION, CERTAIN REAL PROPERTY COMPRISED OF 257.9+/- ACRES LOCATED ON THE NORTH SIDE OF STATE ROAD 80 ADJACENT TO THE WESTERN BOUNDARY OF THE TOWN OF LOXAHATCHEE GROVES AND EXTENDING WESTERLY APPROXIMATELY 0.65 MILES, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING SECTION 11 OF THE VILLAGE CHARTER BY REDEFINING THE CORPORATE LIMITS Village of Wellington Page 5 Village Council Action Summary - Final February 13, 2024 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 SECTION 171.044, FLORIDA STATUTES; APPROVING A BALLOT SUMMARY AND BALLOT QUESTION FOR THE ELECTORS WITHIN THE PROPOSED ANNEXATION AREA; PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced this item. Ms. Addie read the Ordinance by title. Mr. Basehart presented this item. Mr. Barnes, Ms. Cohen and Mr. Basehart responded to the Village Council's questions. Public Hearing A motion was made by Vice Mayor Napoleone, seconded by Councilman McGovern, and unanimously passed (5-0) to open the public hearing. Public Comment: There were multiple public comments regarding the annexation. Vice Mayor Napoleone read the names of those who did not wish to speak who into record. There being no further public comments, a motion was made by Vice Mayor Napoleone, seconded by Councilman McGovern, and unanimously passed (5-0) to close the public hearing. A motion was made by Vice Mayor Napoleone, seconded by Councilman McGovern, and unanimously passed (5-0) to approve Ordinance No. 2023-17 (Southern B o ulevar d Annexation) on second reading. C. 24-6352 ORDINANCE NO. 2024-03 (DESIGNATING THE PALM BEACH COUNTY CANVASSING BOARD AS THE VILLAGE CANVASSING Village of Wellington Page 6 Village Council Action Summary - Final February 13, 2024 BOARD FOR THE MARCH 19, 2024 WELLINGTON MUNICIPAL ELECTION) AN ORDINANCE OF WELLINGTON’S COUNCIL DESIGNATING THE PALM BEACH COUNTY CANVASSING BOARD TO SERVE AS THE VILLAGE CANVASSING BOARD FOR THE MARCH 19, 2024 WELLINGTON MUNICIPAL ELECTION AND ANY REQUIRED RUNOFF ELECTION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced this item. Ms. Addie read the Ordinance by title. Ms. Cohen presented this item. Public Hearing A motion was made by Vice Mayor 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 Vice Mayor Napoleone, seconded by Councilman McGovern, 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. 2024-03 (Designating the Palm Beach County Canvassing Board as the Village Canvassing Board for the March 19, 2024 Wellington Municipal Election) as presented on first reading. 8. REGULAR AGENDA A. 24-6353 APPROVAL OF SETTLEMENT AGREEMENT WITH BREFRANK, INC Mr. Barnes introduced this item. Ms. Cohen reviewed the settlement agreement with the Village Council. Public Comment: 1. Mark Offerman spoke regarding the settlement offer. The Village Council provided comments regarding the settlement offer. Village of Wellington Page 7 Village Council Action Summary - Final February 13, 2024 A motion was made by Vice Mayor Napoleone, seconded by Councilman McGovern, and passed (4-1; Mayor Gerwig dissenting) to approve the Settlement Agreement with Brefrank, Inc. B. 23-6269 DIRECTION ON THE SALE AND DEVELOPMENT OF THE K-PARK SITE Mr. Barnes presented this item. He stated Related Companies was present in the audience. Councilman McGovern asked if there were any changes to the Ward plan. Mr. Barnes stated he is seeking direction from Council to continue to negotiate. Public Comment: 1. Jim Mantrozos spoke regarding K-Park. 2. Mark Offerman spoke regarding K-Park. Jordan Bargas from Related Companies spoke their proposal for K-Park. He introduced Kevin Ryan, from Related, and stated he worked in the mixed use division. He discussed their concept for K-Park. The Village Council provided comments regarding K-Park. A motion was made by Councilman McGovern, seconded by Councilman Drahos, and passed (3-2; Mayor Gerwig and Vice Mayor Napoleone both dissenting) to direct the staff to negotiate with Related, Inc. C. 24-6350 RESOLUTION NO. 2024-11 (FORM 6 DISCLOSURES) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS OF SECTION 112.144(1)(d), FLORIDA STATUTES THAT REQUIRE MUNICIPAL ELECTED OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE FORMS IS UNCONSTITUTIONAL AND INVALID, AND PROVIDING FOR AN EFFECTIVE DATE. This Item formerly Item 6K. Village of Wellington Page 8 Village Council Action Summary - Final February 13, 2024 Mr. Barnes introduced this item. Ms. Cohen presented the item. The Village Council provided brief comments regarding the lawsuit. A motion was made by Councilman McGovern, seconded by Vice Mayor Napoleone, and unanimously passed (5-0) to continue the meeting to 11:15 p.m. A motion was made by Councilman Drahos, seconded by Councilman McGovern, and passed (3-2; Mayor Gerwig and Vice Mayor Napoleone both dissenting) to join the lawsuit regarding Form 6 disclosures. 9. PUBLIC FORUM A. 24-6356 PUBLIC FORUM REQUESTS – ALINA ARMAS AND CAROLE HOYDICK The Public Forum requests made by Alina Armas and Carole Hoydick were completed during Item 7A. Public Comment: 1. Chris George spoke regarding Councilwoman Siskind. 2. Mark Offerman spoke regarding Form 6 and transparency. A motion was made by Councilman McGovern, seconded by Vice Mayor Napoleone, and unanimously passed (4-0) to continue the meeting to 11:25 p.m. 10. ATTORNEY'S REPORT MS. COHEN: Ms. Bausch presented the following report: Ms. Cohen stated she had no report. 11. MANAGER'S REPORT Village of Wellington Page 9 Village Council Action Summary - Final February 13, 2024 MR. BARNES: Mr. Barnes presented the following report: The Village Council Meeting for the Compatibility Determination will be held on March 5, 2024 at 7:00 pm. The next Regular Council Meeting will be held on March 12, 2024 at 7:00 pm. Village Offices will be closed on February 19, 2024 in observance of President's Day. 12. COUNCIL REPORTS COUNCILMAN MCGOVERN: Councilman McGovern presented the following report: Councilman McGovern asked Mr. Barnes to set a meeting to discuss the holiday closure schedule with him. Councilman McGovern spoke regarding his removal of Jane Cleveland from the Equestrian Preserve Committee (EPC) and his appointment of Judith Sloan to the EPC. Mayor Gerwig stated if she had known that there was a violation regarding committee members/interested parties she would have said something. COUNCILMAN DRAHOS: Councilman Drahos presented the following report: Councilman Drahos expressed concerns regarding what was said during public comments. VICE MAYOR NAPOLEONE: Vice Mayor Napoleone presented the following report: Vice Mayor Napoleone expressed concerns regarding what was said during public comments. MAYOR GERWIG: Mayor Gerwig presented the following report: Mayor Gerwig stated the map needs to be corrected regarding the Brefrank Settlement. 13. ADJOURNMENT There being no further business to come before the Village Council, the Village of Wellington Page 10 Village Council Action Summary - Final February 13, 2024 meeting was adjourned at approximately 11:25 P.M. Village of Wellington Page 11