Village Council Workshop
Regular MeetingWellington, FL · January 12, 2015
Minutes
Village of Wellington
12300 Forest Hill Blvd
Wellington, FL 33414
Action Summary - Final
Monday, January 12, 2015
3:00 PM
Village Hall
Village Council Workshop
Bob Margolis, Mayor
John Greene, Vice Mayor
Matt Willhite, Councilman
Howard K. Coates Jr., Councilman
Anne Gerwig, Councilwoman
Village Council Workshop Action Summary - Final January 12, 2015
1. CALL TO ORDER
Mayor Margolis called the meeting to order at 3:00 p.m. Councilman Coates
was absent from this meeting.
2. REVIEW OF COUNCIL AGENDA
Mr. Schofield presented the Agenda for the January 13th Council Meeting for
discussion and review.
A. 14-1051 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING
OF NOVEMBER 11, 2014
Mr. Schofield presented the item. There were no changes recommended.
B. 14-974 AUTHORIZATION TO AWARD AN ANNUAL CANAL BANK AND
LAND CLEARING CONTRACT TO MULTIPLE VENDORS
Mr. Schofield presented the item. He explained several vendors were needed
to clear the canals over the next 36 to 48 months.
Council discussed hold harmless agreements regarding the easements, set
back requirements, and rights-of-way as well as accessibility and maintenance
of the canals.
C. 14-829 AUTHORIZATION TO AWARD A CONTRACT FOR THE WATER
MAIN REPLACEMENT PROJECT IN THE BLOCK ISLAND
NEIGHBORHOOD
Mr. Schofield presented the item. He explained the bidding process and how
this project was about 1.7% over budget. He stated Mr. Riebe’s office
recommended a time reduction and eliminating the upsized sleeves to meet
the budget.
Vice Mayor Greene asked if projects of this dollar amount were normally pulled
from the Consent agenda. Councilman Willhite indicated he and Councilman
Coates have had the opinion that the public should be able to speak on
projects once they break a certain dollar threshold. However, comments could
now be made on Consent. Vice Mayor Greene was fine with leaving this item
on Consent, since the public has the ability to speak on the issue.
D. 14-1026 RESOLUTION NO. R2015-10 (GRANT OF UTILITY EASEMENT TO
PALM BEACH COUNTY THROUGH OLYMPIA PARK)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
GRANTING A UTILITY EASEMENT TO PALM BEACH COUNTY
THROUGH OLYMPIA PARK; AND PROVIDING AN EFFECTIVE
DATE.
Mr. Schofield presented the item. He explained the granting of the easement
would allow a service line through Olympia Park to serve the Charter School.
Mr. Riebe stated the water main was put in Olympia Park when it was
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Village Council Workshop Action Summary - Final January 12, 2015
developed. However, a utility easement was never done. When the Charter
School came in they needed to connect, so they extended the water main.
Councilman Willhite asked if this was a joint partnership with the County. Mr.
Barnes indicated it was a partnership with the school district and Wellington,
but not Palm Beach County.
E. 14-887 RESOLUTION NO. R2014-67 (REVISED UNIFIED PALM BEACH
COUNTY LOCAL MITIGATION STRATEGY PLAN)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
AUTHORIZING APPROVAL AND ADOPTION OF THE REVISED
UNIFIED PALM BEACH COUNTY LOCAL MITIGATION STRATEGY
PLAN AS REQUIRED BY THE DISASTER MITIGATION ACT OF
2000; AND PROVIDING AN EFFECTIVE DATE.
Mr. Schofield presented the item. He explained, as part of the Federal
Emergency Management Regulations, every local government is required to
have a Local Mitigation Strategy (LMS) and the Village has theirs with Palm
Beach County. He stated Palm Beach County has updated their LMS, which
keeps the Village compliant and consistent as well as allows for applying and
receiving both pre and post disaster mitigation funding.
There were no changes recommended.
F. 14-1028 A. RESOLUTION NO. AC2015-01 (FOURTH AMENDMENT TO THE
ORIGINAL TRI-PARTY AGREEMENT BETWEEN ACME
IMPROVEMENT DISTRICT, THE BOYS AND GIRLS CLUBS OF
PALM BEACH COUNTY, INC., VILLAGE OF WELLINGTON AND
PALM BEACH COUNTY)
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
ACME IMPROVEMENT DISTRICT, FLORIDA, APPROVING A
REVISION REQUESTED BY PALM BEACH COUNTY AND
APPROVAL BY THE BOYS AND GIRLS CLUB OF PALM BEACH
COUNTY TO THE FOURTH AMENDMENT TO THE AGREEMENT
BETWEEN ACME IMPROVEMENT DISTRICT, THE BOYS AND
GIRLS CLUBS OF PALM BEACH COUNTY, INC., VILLAGE OF
WELLINGTON AND PALM BEACH COUNTY FOR FUNDING OF
THE WELLINGTON FACILITY CONSTRUCTION AND
AUTHORIZING THE PRESIDENT AND BOARD SECRETARY TO
EXECUTE THE AMENDMENT; AND PROVIDING AN EFFECTIVE
DATE.
B. RESOLUTION NO. RESOLUTION NO. R2015-11 (FOURTH
AMENDMENT TO THE ORIGINAL TRI-PARTY AGREEMENT
BETWEEN ACME IMPROVEMENT DISTRICT, BOYS AND GIRLS
CLUBS OF PALM BEACH COUNTY, INC., VILLAGE OF
WELLINGTON AND PALM BEACH COUNTY)
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Village Council Workshop Action Summary - Final January 12, 2015
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING REVISION REQUESTED BY PALM BEACH COUNTY
AND APPROVAL BY THE BOYS AND GIRLS CLUBS OF PALM
BEACH COUNTY TO THE FOURTH AMENDMENT TO THE
AGREEMENT BETWEEN ACME IMPROVEMENT DISTRICT, BOYS
AND GIRLS CLUBS OF PALM BEACH COUNTY, INC., VILLAGE OF
WELLINGTON, AND PALM BEACH COUNTY FOR FUNDING OF
THE WELLINGTON FACILITY CONSTRUCTION AND
AUTHORIZING THE MAYOR AND CLERK TO EXECUTE THE
AMENDMENT; AND PROVIDING AN EFFECTIVE DATE.
Mr. Schofield presented the item. He indicated this amendment took care of
the deficiencies the county noticed and allowed them to release the last
$60,000 in construction costs. Mr. Barnes explained this amount was just left
over retainage and it would be the last amendment.
Councilman Willhite asked if one resolution was for the loan and the other for
the land. Mr. Barnes explained the agreement was with Acme and Wellington,
and it was determined that they needed one from each entity in order to be
compliant.
Councilwoman Gerwig asked if there was any problem with Council sitting for
Acme and the Village at the same time. Mr. Schofield indicated Acme was a
dependent district and they were not required to have separate meetings.
G. 14-980 RESOLUTION NO. R2015-02 (INTERLOCAL AGREEMENT WITH
PALM BEACH COUNTY TO PROVIDE ACCESS TO THE COUNTY'S
CONSTRUCTION CONTRACTOR ENROLLMENT PROGRAM
DATABASE)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING AND AUTHORIZING THE MAYOR AND CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY TO UTILIZE THE COUNTY’S CONSTRUCTION
CONTRACTOR INFORMATION AS PART OF THE CONTRACTOR
ENROLLMENT PROGRAM; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Schofield presented the item. Mr. Schofield explained the Village entered
into this agreement on one previous occasion and then there was a problem
with one of the Florida Statutes that would not allow us to get reimbursement
for contractor registrations. Those items have been resolved to the
satisfaction of the county. So this allows contractors to register in one place
and gives us access to their insurance and their contractor licensing and
streamlines the process. We will still collect the registration fee that is
required for us to get our contractor reimbursements.
There were no changes recommended.
H. 14-1018 RESOLUTION NO. R2015-07 (VOTE PROCESSING EQUIPMENT
USE AND ELECTION SERVICES AGREEMENT WITH THE PALM
BEACH COUNTY SUPERVISOR OF ELECTIONS)
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Village Council Workshop Action Summary - Final January 12, 2015
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING AND AUTHORIZING THE MAYOR AND CLERK TO
EXECUTE AN AGREEMENT FOR VOTE PROCESSING
EQUIPMENT USE AND ELECTION SERVICES WITH THE PALM
BEACH COUNTY SUPERVISOR OF ELECTIONS, AND PROVIDING
AN EFFECTIVE DATE.
Mr. Schofield presented the item.
Councilwoman Gerwig did not understand the purpose of this resolution in a
non-election year. Ms. Rodriguez explained there had been instances where
they had not on the off year entered into an agreement with the Supervisor of
Elections. However, this was brought forward so they would have an active
agreement with the Supervisor of Elections in case of a special election. She
said it was an annual agreement with the Supervisor of Elections and they will
bring forward a new agreement for the 2016 cycle in December of this year.
There were no changes recommended.
I. 14-1008 ORDINANCE NO. 2014-27 (SECTION 5.1.13 SUSPENSION OF
DEVELOPMENT REVIEW PROCEEDINGS)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL
AMENDING ARTICLE 5 DEVELOPMENT REVIEW PROCEEDINGS,
SECTION 5.1.13 SUSPENSION OF DEVELOPMENT REVIEW
PROCEEDINGS OF THE LAND DEVELOPMENT REGULATIONS OF
THE VILLAGE OF WELLINGTON; TO AUTHORIZE THE
SUSPENSION OF THE PROCESSING AND/OR CONSIDERATION
OF DEVELOPMENT PERMIT(S) AND/OR USE APPROVAL
APPLICATIONS FOR PROPERTIES WITH OPEN CODE
ENFORCEMENT CASES AND/OR OUTSTANDING CODE
ENFORCEMENT LIENS AND/OR FINES; PROVIDING A
CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND
PROVIDING AN EFFECTIVE DATE.
Mr. Schofield presented the item. He indicated this was the second reading
and there were no changes since the first reading.
There were no changes recommended.
J. 14-808 ORDINANCE NO. 2014-26 (EQUESTRIAN BRIDLE PATH MAP CPA)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL,
AMENDING THE WELLINGTON COMPREHENSIVE PLAN BY
ADOPTING THE BRIDLE TRAIL MAP IN THE EQUESTRIAN
ELEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY;
AUTHORIZING THE MANAGER TO UPDATE THE
COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE.
Mr. Schofield presented the item. He explained they would like to include the
bridle path map in the comprehensive plan. He said the map has been around
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Village Council Workshop Action Summary - Final January 12, 2015
for a long time, but it has never been included in the plan.
Mr. O’Dell indicated the map depicted the trails currently in use. He said they
were working on mapping the difference between the private versus public
trails. Mr. O’Dell stated he was trying to convey the original map approved by
the Equestrian Preserve Committee (EPC) in 2010. He said he wanted to get
this map adopted by Council, even though they were currently moving forward
with reviewing the overall trail plan and some changes would be made to it.
Mr. Schofield explained the map showed what the entire bridle trail system
should look like upon completion, as it did not exist anywhere. He said
without that basic document, the Village has no way of telling private property
owners that the trail is needed as part of their development approval and that a
bridle path easement is required. He stated the map was not designed to show
Council where every bridle is located. He noted the comprehensive plan was a
visionary document and not an actual construction document.
Mr. Schofield and Mr. O’Dell addressed Council questions regarding the bridle
trail map, purpose for inclusion in Comprehensive Plan, public vs. private
trails, equestrian forum, trail improvements since 2010, obstacles preventing
the expansion of the trails, funding for the trails, additional improvements,
timeline for the improvements, right of way acquisition and consultant scope
and fees.
K. 14-814 ORDINANCE NO. 2014-28 (AMENDMENT OF CHAPTER 5.7
“SEASONAL EQUESTRIAN USES” OF THE LAND DEVELOPMENT
REGULATIONS)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL
AMENDING CHAPTER 5.7 SEASONAL EQUESTRIAN USES OF
THE LAND DEVELOPMENT REGULATIONS OF THE VILLAGE OF
WELLINGTON; TO ESTABLISH DEFINITIONS FOR VARIOUS
EQUESTRIAN USES AND COMPETITIONS; REVISING THE
GENERAL STANDARDS FOR PERMIT ISSUANCE; MODIFYING
THE PERMITTED LOCATIONS FOR EQUESTRIAN SHOWS AND
COMPETITIONS AND TEMPORARY ANCILLARY EQUESTRIAN
USES; MODIFYING THE THRESHOLDS FOR SEASONAL
EQUESTRIAN USE PERMITS; PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
Mr. Schofield introduced the item. He explained this started out as a request
from the boards and committees to change what types of seasonal permits
that come to Council.
Mr. Stillings noted that Ms. Rodriguez was distributing new copies of the
ordinance to Council as the ordinance in their package was the correct final
product, but Legistar had taken some of the strike-throughs and underlines
and accepted it as having been approved.
Mr. Stillings stated the intent was to address all of the equestrian competitions,
as the current seasonal equestrian use section only addressed horse shows.
He said the Village wanted to be clear in what they were permitting. He
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Village Council Workshop Action Summary - Final January 12, 2015
indicated there was a desire in the equestrian community to allow low impact
equestrian events that have historically taken place within the equestrian
community to continue without a permit. He said they also updated some of
the definitions as well as addressed permitted locations. Currently, the same
section only allows equestrian permits within the EOZD and they wanted to
address the equestrian activities outside the EOZD, but that would only be
within the property designated as commercial recreation on the land use map.
Mr. Stillings addressed Council questions regarding equestrian uses outside
the EOZD, the Equestrian Committee involvement in developing the ordinance,
maximum entries per show, definition of polo, point at which complaints are
brought to Council, definition of event oriented entertainment, Planning
Director designee, difference was between IIA and IIB permit, and thresholds to
differentiate between shows with low impact and shows with greater impact
that would require Council approval.
Mayor Margolis recommended they table this ordinance/agenda item until after
the forum.
Councilwoman Gerwig pointed out that the small shows had to hire
consultants to prepare the documents for the special use permits, because the
Village has made it that kind of process to protect the neighbors and the
community.
Vice Mayor Greene stated he was in favor of putting together a document that
would allow these venues to continue their operation, but he did not want to
have something ambiguous where they would have to rely on someone at the
staff level to make a determination or interpret the intent.
Councilwoman Gerwig said the point Mr. Stillings keeps bringing up is if the
event is impacting the neighbors, none of this comes into play. The applicant
will have to go to Council for a special use permit because they are impacting
their neighbors and it is a problem that has to go to the next level, maybe not
Council. It might go from a Type I to a Type II, but at some point the Village
has a process for the small shows that are learning as well as a commercial
arena designation. These events are happening in neighborhoods, but are not
necessarily a problem for the neighborhoods.
Vice Mayor Greene stated he liked the intent the ordinance was trying to
accomplish. Councilwoman Gerwig thought it might be jumping the gun. Vice
Mayor Greene stated they would have more discussion tomorrow night and get
some direction.
L. 14-1007 RESOLUTION NO. R2015-04 (AMENDMENT TO THE FY2014/2015
ANNUAL ACTION PLAN FOR THE CDBG PROGRAM)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING AND ADOPTING AN AMENDMENT TO THE FY
2014/2015 ANNUAL ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM; AUTHORIZING THE
VILLAGE MANAGER TO FORWARD THE AMENDMENT TO THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE.
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Village Council Workshop Action Summary - Final January 12, 2015
Mr. Schofield introduced the item and provided a brief explanation of the
resolution.
Mr. Poag stated the annual plan amendment needed to be adopted in order for
the Village to expend CDBG funds. He said some past programs have been
analyzed for effectiveness and it was determined that the Village has
experienced some challenges and difficulty in the meeting the CDBG
guidelines to carry out those programs. He explained the Village will be
expending the funds allocated in order to remain in compliance. He stated
they looked at different strategies that would be more effective in expending
those funds. He said the location of Wellington presented somewhat of a
challenge in designing programs and creative ways to expend CDBG funds.
He indicated HUD reminded them that the H stood for housing. Therefore, they
increased some of the housing amounts for the rehabilitation program and
opened it up to seniors as well as all residents who met the income criteria
within the Village. Mr. Poag stated they also looked at conducting the
mitigation of foreclosure prevention programs in addition to the fair housing
component to ensure compliance with that particular portion under the CDBG
guidelines. He said for each recipient the Village contracts with to carry out
these additional activities, HUD is very specific in their recipient agreement in
outlining the budget and establishing benchmarks for the expenditure of funds
as well as establishing benchmarks and criteria to meet CDBG guidelines.
Mr. Poag responded to Council questions regarding CDBG guidelines,
Professional Opportunities Programs for Students, Urban League, Housing
Partnership, housing rehabilitation program and partnership with the Boys and
Girls Club.
M. 14-913 RESOLUTION NO. R2015-01 (SPECIAL USE PERMIT FOR THE ST.
RITA CATHOLIC CHURCH PARISH FESTIVAL)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING A SPECIAL USE PERMIT FOR ST. RITA CATHOLIC
CHURCH PARISH FESTIVAL UTILIZING AMPLIFIED MUSIC
LOCATED AT 13645 PADDOCK DRIVE; AND PROVIDING AN
EFFECTIVE DATE.
Mr. Schofield introduced the item.
Mr. Stillings explained this was a special permit for St. Rita's four day festival
to be held between March 5th and March 8th. He said it was before Council
because they plan to have outdoor amplified music.
Vice Mayor Greene asked about the land clearing at St. Theresa’s Catholic
Church. Mr. Stillings said he would have to look into that.
There were no changes recommended.
N. 14-1021 RESOLUTION NO. R2015-08 (SPECIAL USE PERMIT FOR THE
JUST WORLD INTERNATIONAL FUNDRAISING EVENT)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING AND AUTHORIZING A SPECIAL USE PERMIT FOR
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Village Council Workshop Action Summary - Final January 12, 2015
THE JUST WORLD INTERNATIONAL FUNDRAISING EVENT
UTILIZING OUTDOOR AMPLIFIED MUSIC TO BE HELD AT 3206
AND 3224 OLDE HAMPTON DRIVE; AND PROVIDING AN
EFFECTIVE DATE.
Mr. Schofield introduced the item.
Mr. Stillings indicated this was a special permit for Just World International’s
annual fundraising event to be held on January 16th at Grand Prix Farms.
There were no changes recommended.
O. 14-1014 A. RESOLUTION NO. R2015-05 (REQUEST FOR SUPPORT OF
OBJECTION TO THE POSTPONEMENT OF THE CONSTRUCTION
OF THE STATE ROAD 7 EXTENSION (60TH TO NORTHLAKE)
PROJECT
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
EXPRESSING ITS’ OBJECTION TO THE POSTPONEMENT OF THE
CONSTRUCTION OF THE STATE ROAD 7 EXTENSION PROJECT
(60TH TO NORTHLAKE) TO FISCAL YEAR 2020 AND
REQUESTING THAT THE STATE ROAD 7 SEGMENT FROM 60TH
TO NORTHLAKE BE CONSTRUCTED IN FISCAL YEAR 2016; AND
PROVIDING AN EFFECTIVE DATE.
B. RESOLUTION NO. R2015-06 (REQUEST FOR MONETARY
SUPPORT FROM THE WESTERN COMMUNITIES COUNCIL, INC.
TO ADVANCE SUPPORT OF THE SR7 EXTENSION PROJECT
THROUGH THE HIRING OF A LOBBYIST)
RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING AND AUTHORIZING MONETARY SUPPORT FOR THE
WESTERN COMMUNITIES COUNCIL, INC. TO ADVANCE
SUPPORT OF THE STATE ROAD 7 EXTENSION PROJECT (60TH
TO NORTHLAKE) THROUGH THE HIRING OF A LOBBYIST; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Schofield introduced the items. He indicated the second resolution was a
request for $10,000.
Mayor Margolis hoped Councilman Coates could provide Council with more
information tomorrow night since this was generated from the Western
Communities Council.
There were no changes recommended.
P. 15-9 COUNCIL DIRECTION REGARDING THE PROCEDURE FOR
APPOINTMENT OF COUNCILMEMBER TO FILL THE VACANCY
CREATED BY THE APPOINTMENT OF COUNCILMAN COATES TO
THE CIRCUIT COURT
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Village Council Workshop Action Summary - Final January 12, 2015
Ms. Cohen responded to Council’s questions regarding the procedure to
establish a process or policy for Council vacancies, the timeframe of
Councilman Coates’ resignation and public input on selecting a candidate.
She stated Councilman Coates could participate in deciding on the process but
could not participate in choosing a candidate.
Councilman Willhite and Vice Mayor Greene thought it would be better if
Councilman Coates could resign or accept sooner rather than later so that
Council could move forward in filling his vacancy. They indicated they would
address this with Councilman Coates tomorrow night.
Ms. Cohen indicated their present Charter stated the appointment was to be
made by the Council. Mayor Margolis asked if they could get some feedback
by tomorrow night from the other municipalities on their processes. Ms.
Cohen stated they could reach out to the other municipalities and that she
already had the policy used by Royal Palm.
Mayor Margolis stated he was concerned about the possibility of a formal or
informal acceptance by Councilman Coates of the judicial position offered to
him, as the K-Park negotiations were going to be held tomorrow. Ms. Cohen
stated she would contact Councilman Coates for his current status and ask for
a response in writing.
Mayor Margolis stated he was comfortable with the process they used before,
as it was user friendly. He said he was not comfortable with the procedure
used to fill his seat because of the interview process. He suggested attaching
questions to the application for the candidates to complete, so that Council
would have a better understanding of each candidate.
Councilwoman Gerwig wanted as much public input as possible and
suggested asking staff to do an on-line poll of the candidates for the residents.
Councilman Willhite expressed he did not the like interview process. He
thought the process they used last time worked well. However, he felt they
needed to inform the candidates of their appointment process.
Mayor Margolis felt the appointment of Councilman Coates to the Village
Council went very smoothly. Ms. Rodriguez explained how the process went
at that time.
Councilman Willhite asked if the 30 days allotted to fill the vacancy ended
when the candidate was appointed, sworn in, sitting on the dais. Ms. Cohen
stated she would have to look at the Charter again. She also indicated she
would review the Royal Palm situation where they had a split vote as well as
what happened in Boynton Beach.
Ms. Rodriguez and Ms. Cohen pointed out that Council needed to provide
direction on their appointment process tomorrow night to allow for sufficient
time in choosing a candidate.
Q.. 15-6 PRESENTATION BY YOUNG PROFESSIONALS OF WELLINGTON
Mr. Schofield stated they postponed the Young Professional items on the
Public forum and it will not come back to Council until perhaps the first
meeting in February. Ms. Cohen stated Council’s Selection Committee meeting
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Village Council Workshop Action Summary - Final January 12, 2015
was being held prior to the Council Meeting, and this individual(s) wanted to
speak at the time Council voted on the contract for K-Park.
3. WORKSHOP
A. 15-4 COUNCIL DISCUSSION OF AN ISSUE INVOLVING A CODE
COMPLIANCE ACTION AGAINST THE WELLINGTON DOWNS
HOMEOWNERS ASSOCIATION
Mr. Schofield explained that a property in the Wellington Downs community
had been in foreclosure for some time and had multiple liens. He stated the
Home Owner’s Association (HOA) had a lien which they foreclosed and now
has acquired some title to the property. He said it was not a clear title,
because the bank with the mortgage still has a pending foreclosure action. He
indicated there were several ongoing code violations. He stated once the HOA
acquired the property, they cleaned up the driveway and appearance problems.
However, they do not have the money to fix the roof. He said the HOA was
scheduled to see the special magistrate. Mr. Schofield suggested they deviate
from the policy to give the HOA the opportunity to continue to maintain the
appearance and fix the roof when they get the money. He thought it would be
pointless for the Village to put a lien on the property as well while it was going
through the foreclosure process.
Mr. Koch and Ms. Cohen responded to Council’s questions regarding the
property, fines, liens, costs, magistrate process and the HOA.
Vice Mayor Greene suggested they continue with the normal course of action
and not deviate from policy. Mayor Margolis agreed.
4. ATTORNEY'S COMMENTS
Ms. Cohen advised Council that the Village received a lawsuit from Lappy
West, the property next to Public Works. She stated there was a home and a
barn on that five acre property, but they demolished the home that was
required as a residence. She said the code enforcement case is scheduled to
go before the magistrate on Thursday. She indicated Lappy West filed a
motion to stay the code enforcement, but the Village did not agree to stay it.
She said they also filed a lawsuit and an emergency motion for temporary
injunction. Ms. Cohen does not believe their complaint or the issue rises to
the level of an emergency. She also does not believe it will be heard by the
court prior to the code enforcement case.
5. MANAGER COMMENTS
6. COUNCIL COMMENTS
Mayor Margolis indicated he had a brief conversation with Mr. Schofield
regarding the phone calls he received about cars being parked all along
Pierson Road over the weekend. He said he would talk about this tomorrow
night, because he wanted one of venue’s representatives in attendance. He
asked if the venue could be contacted for their solution. Mr. Schofield stated
he spoke with the Sheriff’s department and the permit deputies were at the
site, but he does not know why the parking issue was not addressed at that
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Village Council Workshop Action Summary - Final January 12, 2015
time. Mayor Margolis wanted to be proactive so the issue could be alleviated
before it happened every week and ended up in the code enforcement process.
Mr. Schofield indicated Palm Beach International Equestrian Center (PBIEC)
was having an egress problem when the shows let out. He stated a PBIEC
representative approached the Village about possibly opening up Public Works
and PBSO at the time the shows were ending. He said they have allowed that
in the past when there has been a deputy there to monitor the traffic.
Councilman Willhite did not want PBIEC’s traffic issue to negatively affect the
operations of the Village. He indicated he has talked to Mr. Schofield about the
possibility of selling the Public Works property to PBIEC to solve their current
and future traffic concerns.
7. ADJOURN
There being no further business to discuss, the meeting was adjourned.
Village of Wellington Page 11
Agenda
Village of Wellington
12300 Forest Hill Blvd
Wellington, FL 33414
Meeting Agenda
Monday, January 12, 2015
3:00 PM
Village Hall
Village Council Workshop
Bob Margolis, Mayor
John Greene, Vice Mayor
Matt Willhite, Councilman
Howard K. Coates Jr., Councilman
Anne Gerwig, Councilwoman
Village Council Workshop Meeting Agenda January 12, 2015
1. CALL TO ORDER
2. REVIEW OF COUNCIL AGENDA
A. 14-1051 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF
NOVEMBER 11, 2014
Approval of the Minutes of the Regular Wellington Council meeting of November 11, 2014.
B. 14-974 AUTHORIZATION TO AWARD AN ANNUAL CANAL BANK AND LAND
CLEARING CONTRACT TO MULTIPLE VENDORS
Authorization to award an annual canal bank and land clearing contract to multiple vendors.
C. 14-829 AUTHORIZATION TO AWARD A CONTRACT FOR THE WATER MAIN
REPLACEMENT PROJECT IN THE BLOCK ISLAND
NEIGHBORHOOD
Authorization to award a contract in the amount of $1,405,000 to B & B Underground Contractors, Inc.
for the water main replacement project in the Block Island neighborhood.
D. 14-1026 RESOLUTION NO. R2015-10 (GRANT OF UTILITY EASEMENT TO
PALM BEACH COUNTY THROUGH OLYMPIA PARK)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
GRANTING A UTILITY EASEMENT TO PALM BEACH COUNTY
THROUGH OLYMPIA PARK; AND PROVIDING AN EFFECTIVE
DATE.
Approval of Resolution No. R2015-10 authorizing the Grant of Easement between the Village of
Wellington and Palm Beach County.
E. 14-887 RESOLUTION NO. R2014-67 (REVISED UNIFIED PALM BEACH
COUNTY LOCAL MITIGATION STRATEGY PLAN)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
AUTHORIZING APPROVAL AND ADOPTION OF THE REVISED
UNIFIED PALM BEACH COUNTY LOCAL MITIGATION STRATEGY
PLAN AS REQUIRED BY THE DISASTER MITIGATION ACT OF 2000;
AND PROVIDING AN EFFECTIVE DATE.
Authorization and approval to adopt the revised unified Palm Beach County Local Mitigation Strategy
(LMS) Plan.
Village of Wellington Page 2 Printed on 1/7/2015
Village Council Workshop Meeting Agenda January 12, 2015
F. 14-1028 A. RESOLUTION NO. AC2015-01 (FOURTH AMENDMENT TO THE
ORIGINAL TRI-PARTY AGREEMENT BETWEEN ACME
IMPROVEMENT DISTRICT, THE BOYS AND GIRLS CLUBS OF
PALM BEACH COUNTY, INC., VILLAGE OF WELLINGTON AND
PALM BEACH COUNTY)
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ACME
IMPROVEMENT DISTRICT, FLORIDA, APPROVING A REVISION
REQUESTED BY PALM BEACH COUNTY AND APPROVAL BY THE
BOYS AND GIRLS CLUB OF PALM BEACH COUNTY TO THE
FOURTH AMENDMENT TO THE AGREEMENT BETWEEN ACME
IMPROVEMENT DISTRICT, THE BOYS AND GIRLS CLUBS OF PALM
BEACH COUNTY, INC., VILLAGE OF WELLINGTON AND PALM
BEACH COUNTY FOR FUNDING OF THE WELLINGTON FACILITY
CONSTRUCTION AND AUTHORIZING THE PRESIDENT AND BOARD
SECRETARY TO EXECUTE THE AMENDMENT; AND PROVIDING AN
EFFECTIVE DATE.
B. RESOLUTION NO. RESOLUTION NO. R2015-11 (FOURTH
AMENDMENT TO THE ORIGINAL TRI-PARTY AGREEMENT
BETWEEN ACME IMPROVEMENT DISTRICT, BOYS AND GIRLS
CLUBS OF PALM BEACH COUNTY, INC., VILLAGE OF WELLINGTON
AND PALM BEACH COUNTY)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING REVISION REQUESTED BY PALM BEACH COUNTY
AND APPROVAL BY THE BOYS AND GIRLS CLUBS OF PALM
BEACH COUNTY TO THE FOURTH AMENDMENT TO THE
AGREEMENT BETWEEN ACME IMPROVEMENT DISTRICT, BOYS
AND GIRLS CLUBS OF PALM BEACH COUNTY, INC., VILLAGE OF
WELLINGTON, AND PALM BEACH COUNTY FOR FUNDING OF THE
WELLINGTON FACILITY CONSTRUCTION AND AUTHORIZING THE
MAYOR AND CLERK TO EXECUTE THE AMENDMENT; AND
PROVIDING AN EFFECTIVE DATE.
Approval of the Fourth Amendment to the original Tri-Party Agreement amending the agreement to
include a revised Project Description, Conceptual Site Plan and Cost Estimate.
Village of Wellington Page 3 Printed on 1/7/2015
Village Council Workshop Meeting Agenda January 12, 2015
G. 14-980 RESOLUTION NO. R2015-02 (INTERLOCAL AGREEMENT WITH
PALM BEACH COUNTY TO PROVIDE ACCESS TO THE COUNTY'S
CONSTRUCTION CONTRACTOR ENROLLMENT PROGRAM
DATABASE)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING AND AUTHORIZING THE MAYOR AND CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY TO UTILIZE THE COUNTY’S CONSTRUCTION
CONTRACTOR INFORMATION AS PART OF THE CONTRACTOR
ENROLLMENT PROGRAM; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
Approval of Resolution No. R2015-02 for the Interlocal Agreement with Palm Beach County to provide
access to the County's Construction Contractor Enrollment Program database.
N. 14-1008 ORDINANCE NO. 2014-27 (SECTION 5.1.13 SUSPENSION OF
DEVELOPMENT REVIEW PROCEEDINGS)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL
AMENDING ARTICLE 5 DEVELOPMENT REVIEW PROCEEDINGS,
SECTION 5.1.13 SUSPENSION OF DEVELOPMENT REVIEW
PROCEEDINGS OF THE LAND DEVELOPMENT REGULATIONS OF
THE VILLAGE OF WELLINGTON; TO AUTHORIZE THE
SUSPENSION OF THE PROCESSING AND/OR CONSIDERATION OF
DEVELOPMENT PERMIT(S) AND/OR USE APPROVAL
APPLICATIONS FOR PROPERTIES WITH OPEN CODE
ENFORCEMENT CASES AND/OR OUTSTANDING CODE
ENFORCEMENT LIENS AND/OR FINES; PROVIDING A CONFLICTS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING
AN EFFECTIVE DATE.
Approve Ordinance 2014-27 on second reading.
L. 14-808 ORDINANCE NO. 2014-26 (EQUESTRIAN BRIDLE PATH MAP CPA)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL,
AMENDING THE WELLINGTON COMPREHENSIVE PLAN BY
ADOPTING THE BRIDLE TRAIL MAP IN THE EQUESTRIAN
ELEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY;
AUTHORIZING THE MANAGER TO UPDATE THE COMPREHENSIVE
PLAN; AND PROVIDING AN EFFECTIVE DATE.
Approval of Ordinance No. 2014-26 comprehensive plan map amendment adopting a bridle trail map in
the equestrian element.
Village of Wellington Page 4 Printed on 1/7/2015
Village Council Workshop Meeting Agenda January 12, 2015
M. 14-814 ORDINANCE NO. 2014-28 (AMENDMENT OF CHAPTER 5.7
“SEASONAL EQUESTRIAN USES” OF THE LAND DEVELOPMENT
REGULATIONS)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL
AMENDING CHAPTER 5.7 SEASONAL EQUESTRIAN USES OF THE
LAND DEVELOPMENT REGULATIONS OF THE VILLAGE OF
WELLINGTON; TO ESTABLISH DEFINITIONS FOR VARIOUS
EQUESTRIAN USES AND COMPETITIONS; REVISING THE
GENERAL STANDARDS FOR PERMIT ISSUANCE; MODIFYING THE
PERMITTED LOCATIONS FOR EQUESTRIAN SHOWS AND
COMPETITIONS AND TEMPORARY ANCILLARY EQUESTRIAN
USES; MODIFYING THE THRESHOLDS FOR SEASONAL
EQUESTRIAN USE PERMITS; PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
Approval of Ordinance No. 2014-28 on first reading.
H. 14-1007 RESOLUTION NO. R2015-04 (AMENDMENT TO THE FY2014/2015
ANNUAL ACTION PLAN FOR THE CDBG PROGRAM)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING AND ADOPTING AN AMENDMENT TO THE FY
2014/2015 ANNUAL ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM; AUTHORIZING THE
VILLAGE MANAGER TO FORWARD THE AMENDMENT TO THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE.
Approval and adoption of Resolution No. R2015-04, an amendment to the Village of Wellington’s FY
2014/2015 CDBG Annual Action Plan.
J. 14-913 RESOLUTION NO. R2015-01 (SPECIAL USE PERMIT FOR THE ST.
RITA CATHOLIC CHURCH PARISH FESTIVAL)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING A SPECIAL USE PERMIT FOR ST. RITA CATHOLIC
CHURCH PARISH FESTIVAL UTILIZING AMPLIFIED MUSIC
LOCATED AT 13645 PADDOCK DRIVE; AND PROVIDING AN
EFFECTIVE DATE.
Approval of Resolution No. R2015-01 Special Use Permit for the St. Rita Catholic Church Parish
Festival for events utilizing outdoor amplified music to be held at 13645 Paddock Drive.
Village of Wellington Page 5 Printed on 1/7/2015
Village Council Workshop Meeting Agenda January 12, 2015
K. 14-1021 RESOLUTION NO. R2015-08 (SPECIAL USE PERMIT FOR THE JUST
WORLD INTERNATIONAL FUNDRAISING EVENT)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
APPROVING AND AUTHORIZING A SPECIAL USE PERMIT FOR THE
JUST WORLD INTERNATIONAL FUNDRAISING EVENT UTILIZING
OUTDOOR AMPLIFIED MUSIC TO BE HELD AT 3206 AND 3224
OLDE HAMPTON DRIVE; AND PROVIDING AN EFFECTIVE DATE.
Approval of Resolution No. R2015-08 Special Use Permit for the Just World International Fundraising
Event at 3206 and 3224 Olde Hampton Drive.
O. 14-1014 A. RESOLUTION NO. R2015-05 (REQUEST FOR SUPPORT OF
OBJECTION TO THE POSTPONEMENT OF THE CONSTRUCTION
OF THE STATE ROAD 7 EXTENSION (60TH TO NORTHLAKE)
PROJECT
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
EXPRESSING ITS’ OBJECTION TO THE POSTPONEMENT OF THE
CONSTRUCTION OF THE STATE ROAD 7 EXTENSION PROJECT
(60TH TO NORTHLAKE) TO FISCAL YEAR 2020 AND REQUESTING
THAT THE STATE ROAD 7 SEGMENT FROM 60TH TO NORTHLAKE
BE CONSTRUCTED IN FISCAL YEAR 2016; AND PROVIDING AN
EFFECTIVE DATE.
B. RESOLUTION NO. R2015-06 (REQUEST FOR MONETARY
SUPPORT FROM THE WESTERN COMMUNITIES COUNCIL, INC. TO
ADVANCE SUPPORT OF THE SR7 EXTENSION PROJECT
THROUGH THE HIRING OF A LOBBYIST)
RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING
AND AUTHORIZING MONETARY SUPPORT FOR THE WESTERN
COMMUNITIES COUNCIL, INC. TO ADVANCE SUPPORT OF THE
STATE ROAD 7 EXTENSION PROJECT (60TH TO NORTHLAKE)
THROUGH THE HIRING OF A LOBBYIST; AND PROVIDING AN
EFFECTIVE DATE.
Consideration and approval of a request for support of the objection to the postponement of the
construction of the State Road 7 Extension project (60th to Northlake) to fiscal year 2020 and request
that the State Road 7 segment from 60th to Northlake be constructed in fiscal year 2016.
Approval and authorization of monetary support for the Western Communities Council, Inc. to advance
support of the SR7 Extension Project (60th to Northlake) through the hiring of a lobbyist.
3. WORKSHOP
A. 15-4 COUNCIL DISCUSSION OF AN ISSUE INVOLVING A CODE
COMPLIANCE ACTION AGAINST THE WELLINGTON DOWNS
HOMEOWNERS ASSOCIATION
Workshop discussion of current Code Compliance action.
Village of Wellington Page 6 Printed on 1/7/2015
Village Council Workshop Meeting Agenda January 12, 2015
4. ATTORNEY'S COMMENTS
5. MANAGER COMMENTS
6. COUNCIL COMMENTS
7. ADJOURN
Village of Wellington Page 7 Printed on 1/7/2015
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