Village Council Workshop
Regular MeetingWellington, FL · March 26, 2018
Minutes
Village of Wellington
12300 Forest Hill Blvd
Wellington, FL 33414
Action Summary - Final
Monday, March 26, 2018
4:00 PM
Village Hall - Conference Rooms 1E & 1F
Village Council Workshop
Anne Gerwig, Mayor
John T. McGovern, Vice Mayor
Michael Drahos, Councilman
Michael J. Napoleone, Councilman
Tanya Siskind, Councilwoman
Village Council Workshop Action Summary - Final March 26, 2018
1. CALL TO ORDER
Mayor Gerwig called the meeting to order at 4:00 p.m.
Council Members Present: Anne Gerwig, Mayor; John McGovern, Vice Mayor;
Michael Drahos, Councilman; Michael Napoleone, Councilman; and Tanya
Siskind, Councilwoman.
2. PLEDGE OF ALLEGIANCE
Mayor Gerwig led the Pledge of Allegiance.
3. 18-1955 EMPLOYEE OF THE MONTH FOR FEBRUARY, 2018 – CARRA
TAGGART
Mr. Schofield announced that this was the presentation of the Employee
of the Month Award for the month of February. He called upon Mr.
DeLaney, Director, Parks & Recreation, to introduce the Employee of the
Month Award for Carra Taggart. Mr. DeLaney asked Mr. Ryan Hagopian
to speak on Ms. Taggart's being awarded the Employee of the Month.
Mr. Hagopian stated that Ms. Carra Taggart was named the Village's
Employee of the Month for February. He stated that Ms.Taggart started
with the Village in 2014 as a summer camp counselor, and since that
time, was promoted to a Recreation Assistant, Full Time Customer
Service Representative and recently to Senior Customer Service
Representative. Mr. Hagopian praised Ms. Taggart for her work at the
Front Desk, particularly for her diligence, time management, and great
customer service skills. He said that he was happy to have her in the
Recreation Department working for the Village.
Council expressed their thanks to Ms. Taggart for her work.
4. REVIEW OF COUNCIL AGENDA
Prior to Mr. Schofield presenting the agenda, Ms. Cohen introduced Rachel
Bausch, the Village's new Assistant Village Attorney. Ms. Cohen stated that
both Ms. Bausch's family and her husband's family have been Wellington
residents for a long time. She also noted that Ms. Bausch's husband is a
math teacher at Wellington High School, her mother runs the preschool at
Temple Beth Torah, her mother-in-law was a kindergarten teacher here for
many years, and her father is a local attorney. Ms. Cohen said that Ms.
Bausch also has a Master's Degree in Social Work, had previously Clerked
for a Fourth District Judge, and also came from a very good Broward litigation
firm, Tripp Scott. Ms. Cohen said that they were excited to have her on board
and wanted Council to meet her.
Council welcomed Ms. Bausch. Ms. Bausch said that she was excited to be
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here.
At this point, Mr. Schofield presented the agenda for the March 27, 2018
Regular Wellington Council Meeting for review.
A. 18-1933 PROCLAMATION RECOGNIZING WELLINGTON COMMUNITY HIGH
SCHOOL PRINCIPAL MARIO CROCETTI FOR HIS YEARS OF
SERVICE
Mr. Schofield introduced the agenda item. This was a proclamation
recognizing Wellington Community High School Principal Mario Crocetti,
who recently retired, for his many years of service.
B. 18-1959 A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON,
FLORIDA RECOGNIZING AND CONGRATULATING THE LOCAL
WINNERS OF THE AMERICAN WATERWORKS ASSOCIATION’S
“DROP SAVERS” WATER CONSERVATION POSTER CONTEST
Mr. Schofield introduced the agenda item. This was a presentation of
proclamations being awarded to the local winners of the American
Waterworks Association’s “Drop Savers” Water Conservation Poster
Contest.
Ms. LaRocque explained that last year was the Village's first participation
in Drop Savers which resulted in one of the students placing third in the
State. She said that last year they only had one school and 42 students
participate; however, this year four schools and 195 students
participated. She said that she was proud of her staff who worked very
hard along with the teachers to ensure there was good participation. Ms.
LaRocque said the posters were judged by an internal judging panel, and
they will be recognizing eight students. She noted that they will have the
posters on display and all of their teachers and principals will be in
attendance. Ms. LaRocque said that they will have some gift bags and
certificates for the winners. She said that they had not received any
results back from the State to see if any of the students placed, and if any
placed, they will be brought back.
C. 18-1949 PALM BEACH COUNTY FIRE RESCUE ANNUAL REPORT
PRESENTATION
Mr. Schofield introduced the agenda item. He stated that District Chief
William Rowley of Palm Beach County Fire Rescue Battalion 2 will
present the Annual Report for the Village of Wellington for the period of
October 1, 2016 through September 30, 2017. Mayor Gerwig asked if
this was presented to the Public Safety Committee. Mr. Barnes noted
that Chief Rowley, along with Lt. Shaivitz, PBSO, sit on the Village's
Public Safety Committee. He explained that the reports that are
presented to Council are not presented separately since Fire Rescue is
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part of the Committee.
D. 18-1974 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF
JANUARY 8, 2018
Mr. Schofield introduced the agenda item. This was the approval of the
Minutes of the Regular Wellington Council Meeting of January 8, 2018.
He said that Ms. Nubin would be happy to make any changes or
corrections.
At this point, Mr. Barnes noted that the Water Conservation Proclamation
was on the Consent Agenda as Item B which was also a utility item. Mr.
Schofield said it could remain on the Consent Agenda. Ms. LaRocque
said that besides the Drop Savers proclamation, they were also
recognizing Water Conservation Month. Mr. Schofield explained that
these types of proclamations are approved as part of the annual list and
will be included on next year's annual list.
E. 18-1960 A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON,
FLORIDA PROCLAIMING APRIL 2018 AS “WATER CONSERVATION
MONTH” IN THE VILLAGE OF WELLINGTON
Mr. Schofield introduced the agenda item. This item was discussed
during the Minutes item.
Mayor Gerwig asked if anything was being done internally to promote
water conservation. In response, Ms. LaRocque said that the Village has
four very specific ways to approach water conservation: (1) educational
programs; (2) the rate structure is devised to promote water
conservation; (3) new technologies to help save water; and (4) reuse.
Mayor Gerwig suggested that when they do this in the future that they
identify who the big users of water are, i.e., showers, watering lawns,
wells, etc.
F. 18-1881 AUTHORIZATION TO UTILIZE A PALM BEACH COUNTY CONTRACT
WITH WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO., INC.,
FOR THE PIERSON ROAD ROADWAY IMPROVEMENTS
Mr. Schofield introduced the agenda item. This was the authorization to
utilize Palm Beach County contract #R2017-055 with Wynn & Sons
Environmental Construction Co., Inc., as a basis for pricing, for the
Pierson Road roadway improvements in an amount not to exceed
$29,920.00. He explained this was a project to improve the clear zone
between Southfields and Santa Barbara. He noted that it is not in the
area that would be reconstructed as any part of the intersection changes
at Pierson and South Shore.
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Mr. Lundeen explained that they will be putting in an FDOT type spillover
curb along the edge of the road because the roadway slopes toward the
canal. He explained that the curb will shorten up the clear zone area from
20 feet to 4 feet and then the fencing and the bridle trail will be outside of
the clear zone area which will make it a much safer area.
G. 18-1926 AUTHORIZATION TO UTILIZE A CLAY COUNTY CONTRACT TO
FURNISH, DELIVER AND INSTALL SAFETY SURFACING AT
VARIOUS PARKS VILLAGE-WIDE AND APPROVAL OF
RESOLUTION NO. R2018-16 AMENDING THE CAPITAL & GENERAL
FUND BUDGET TO PROVIDE FUNDING.
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING
THE CAPITAL AND GENERAL FUND BUDGET FOR FISCAL YEAR
2018 BY TRANSFERRING MONIES FROM NEIGHBORHOOD PARKS
CAPITAL PROJECTS TO OPERATING EXPENSE FOR
NEIGHBORHOOD PARKS RESURFACING; AND PROVIDING AN
EFFECTIVE DATE.
Mr. Schofield introduced the agenda item. This is the authorization to
utilize a Clay County contract with Robertson Industries, Inc., as a basis
for pricing, to furnish, deliver and install safety surfacing at various parks
in the amount of approximately $240,871.09 and approval of Resolution
No. R2018-16 that amends the capital and general fund budget to
provide funding. He said that whenever Council sees a resolution
transferring money it means that there is a budget issue. He explained
that in this case, the money was originally budgeted in capital projects;
but since it did the meet the capital budgets test, it was being moved to
the operating budget. Ms. Quickel said that this is not new money, but it
was just shifting funds from capital to the major maintenance category.
Mayor Gerwig asked what was the lifespan of the rubberized surface .
Mr. Barnes explained that the lifespan varies depending on use. He said
that there is a considerable amount of work that will be done at Tiger
Shark Cove, which had been redone in 2012, as it gets much more use
than other neighborhood parks. He said that it is not a new project, but
one which repairs existing surfaces. He said that the project had been
envisioned to happen and be a bigger project in capital, but it is an
operating type of project.
Vice Mayor McGovern asked Mr. Barnes to walk Council through what
was happening at Village Park. In response, Mr. Barnes said that there
are areas within the existing playgrounds that don't have safety surfacing,
but an existing sand and mulch area so the entire playground area is
being converted to the safety surfacing. He said that now all of the parks
will have the safety surfacing. He noted that those parks are located at
the pavilion and roller hockey area. He pointed out that only the surfacing
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was being changed and the equipment was not changing.
Ms. Quickel explained that this was a sales surtax funded project that had
been included in the budget.
Mayor Gerwig said that she was aware of a product that was not poured
but was rubberized. Mr. Barnes explained that there is loose material
that is not as favorable, i.e., actual tiles which is the same concept as
carpet. He said that they have gone through all of the options available,
and have found that the poured in place performs the best for the Village
locations.
Mayor Gerwig asked how long the parks will be out of service while the
work is being done. In response, Mr. Barnes said he did not have a
timeframe, but said that the park at Village Park will take longer since in
some parts it is a brand new installation, but he was not sure about the
work at Tiger Shark Cove. He said that it will take them out of use
because they don't want any activity until the surface cures.
H. 18-1944 RESOLUTION NO. R2018-15 (MODIFICATION TO EXISTING SPEED
HUMP POLICY)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL
REPEALING RESOLUTION NO. R2007-36 OF THE VILLAGE
COUNCIL OF THE VILLAGE OF WELLINGTON, FLORIDA AND
ADOPTING A NEW POLICY FOR THE INSTALLATION OF SPEED
HUMPS WITHIN THE VILLAGE OF WELLINGTON; AND PROVIDING
AN EFFECTIVE DATE.
Mr. Schofield introduced the agenda item. This was Council approval of
Resolution No. R2018-15 which was the modification of the existing
speed hump policy. He explained that when reviewing the policy, Mr .
Lundeen suggested changes dealing predominantly with private roads.
Mr. Lundeen stated that he had received several phone calls from private
subdivisions that have long stretch of roadways particularly in the
Equestrian Area who want to install speed humps. He said that in looking
at the Village's policy, the communities have to jump through hoops in
order to install the speed humps on private roads. He said that in talking
to Mr. Barnes and Mr. Schofield, they decided to let the communities
take charge of their roads. Mr. Lundeen said that it was the homeowners
associations who were calling him.
Mr. Schofield added that the homeowners associations own and
maintain the roads, and this provides them with more flexibility. He said
that the Village was not looking to maintain the roads but only that the
communities maintain traffic standards and that emergency vehicles can
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cross them without any problems. Mr. Lundeen said that they will issue
an engineering permit which is $50.00 which is reviewed by the Sheriff's
Department and Fire Rescue, and if no one has any issues and if it is
designed and sealed by a professional engineer, it is approved.
Councilman Napoleone said that it saves the associations the burden of
having to come to Council for the work on the private roads. Mr. Lundeen
said that was correct. He noted that requirements for public roadways
have not changed.
Vice Mayor McGovern asked Mr. Lundeen to review the changes that
were made from the existing policy. He asked if there was a redlined
version of the policy. Mr. Lundeen explained that they had only changed
the title from the public streets and right-of-ways; items 1-9 stayed the
same; the private development/private street right-of-ways was new
information. Mr. Barnes directed Council to page 119, and noted that
the lower portion of the page starting with private developments /private
streets is the new portion, and everything preceding that remained
exactly the same. Mayor Gerwig said that number 5 needed to be fixed.
Mr. Barnes said that 1-8 as opposed to 1-9 is the same as what is
currently in place today.
Mayor Gerwig asked if they would have to prove the vote of the residents,
and then asked how this worked. In response, Mr. Schofield pointed out
that capital maintenance and homeowners associations generally do not
require a vote of the homeowners, but only a vote of the board. He said
that the Village would take the Board's word that had been done.
Mr. Barnes said that the intent of the Village's review of this was if the
road was private and is controlled, maintained and owned and there is
an outside engineer who is taking responsibility for meeting the required
standards, then they will rely on that engineer's certification that those
standards are being met. He said that they would review it as they would
other permit applications, but they would not get overly involved in the
process.
Mr. Lundeen explained that there are details in the engineering standards
for speed humps. Mr. Barnes said that they have to meet the specific
criteria.
Vice Mayor McGovern said that the criteria on page 121 could stay for
public and private. Mr. Barnes said that if a new project was coming in,
they would have to meet those requirements as well. The costs would be
borne by a private entity.
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Vice Mayor McGovern asked if the Village's engineer would still be
signing off on the design criteria. Mr. Barnes said that the Village
engineer would be reviewing it, but the private engineer would be
responsible for certifying it.
I. 18-1793 RESOLUTION NO. R2018-14 (COUNCIL PROCEDURES)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL REVISING
THE RULES OF PROCEDURES FOR ALL OFFICIAL MEETINGS OF
COUNCIL TO EXPRESSLY APPLY THE PROCEDURES TO ALL
BOARDS AND COMMITTEES, PROHIBIT REMOTE ATTENDANCE
FOR QUASI-JUDICIAL HEARINGS, ADDRESS PUBLIC COMMENT
FOR CONSENT ITEMS, INCLUDE AN ADDITIONAL TIME FOR
PUBLIC FORUM, STREAMLINE PARLIAMENTARY RULES AND
REORDER THE INVOCATION AND PLEDGE OF ALLEGIANCE; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Schofield introduced the agenda item. This was the adoption of
Resolution No. R2018-14 approving the revised Council Procedures.
Ms. Cohen said that in October 2017, Council was provided with some
proposed revisions to the Council Procedures. She noted that at that
time, Council had asked staff to prepare a redlined version for them .
She said that the clean version is from page 129 through 139 followed by
the redlined version which shows the changes. She said that in some
cases, it looks like a large portion was eliminated, but those sections
were actually cut, pasted and rearranged in different areas. Ms. Cohen
said that there were several things in the procedures that should be
highlighted. She said that in the proposed changes, it was made clear
that the procedures also applies to all of the boards and committees .
She said that, although there has always been a policy of doing that, it
was not expressly written. She said that in addition, it identifies the
different types of meetings as was done before, it talks about remote
attendance by Council members and clarifies that for quasi-judicial
matters, remote attendance is not permitted. She said that the reason
for that is that it would be difficult for someone to judge evidence and
credibility remotely particularly if there were documents that were being
distributed at the hearing, and if they were participating by telephone and
could not judge the credibility of the witnesses.
With regard to the telephonic appearance, Mayor Gerwig said that it still
allows for a quorum to be present and allows for a vote of those present.
Ms. Cohen said that everything is the same, it only clarifies that you can't
appear remotely for a quasi-judicial hearing.
Councilman Napoleone referred to the last sentence of the top paragraph
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on page 145, and said that the word "remotely" needed to be inserted
before the word "participate" as it presently says "No Councilmember
shall be permitted to participate, deliberate or vote on any quasi-judicial
matter before the Council".
Councilman Napoleone said that they have to switch the order of the
Invocation and the Pledge. Ms. Cohen said that in the order of the
meeting, the Invocation would come before the Pledge of Allegiance as
is done in most communities.
Ms. Cohen said that the document also adds a second public comment
period which they have been doing although it wasn't set forth in the
current procedures. Ms Cohen directed Council to page 151, and said
that it simplifies the whole rules and procedures. She said that the prior
procedures indicated that the meetings would be governed by Robert's
Rules of Order. However, in this proposed version, Robert's Rules of
Order only serves as a guide and lays out the basic types of motions that
may come up, i.e., point of order, motion to reconsider, etc. She said
that Robert's Rules of Order is really intended for large assemblies, and
is not a practical tool for small boards and committees. Ms. Cohen said
that in practice they don't use elements of it. She further indicated that
many communities have simplified their procedures or done away with
Robert's Rules altogether noting that there are some publications that
use simplified versions. She said that previously Council had been
provided with what the County uses which is a little more involved than
this. She said that the reason she preferred this was because it lays out
the primary tools that are used by this Council and all of their boards as
well as says if there is a question you can turn to Robert's Rules for
guidance but it doesn't mandate that is what governs the meetings. Ms.
Cohen said that it allows them to dispense with the rules by a super
majority vote.
Ms. Cohen said that those are the primary changes as they go through
the redlined version noting that there is alot of crossing out because
much of the information was moved and reorganized to earlier portions of
the documents. Ms. Cohen said that Council was also provided with
prior versions of the procedures. Ms. Cohen reiterated that the only major
difference was the simplification of the procedural rules with respect to
the motions, points of order and things like that.
Vice Mayor McGovern pointed out that they eliminated most of the
motions with the exception of two or three. Ms. Cohen said those that
were included are what the Council typically uses. She said that, to the
extent there is an issue that isn't governed by those few motions, they
could then turn to Robert's Rules. Ms. Cohen said that she did not see
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any tools used by Council that aren't set forth in this proposed draft.
Mayor Gerwig said that previously they did not necessarily apply these
rules to other boards and committees. Ms. Cohen said that they were
applied to boards and committee by practice, but it was not expressly
written that they applied to all boards and committees but these
procedures do that.
Ms. Cohen said this laid out the presiding officer, right of participation,
preservation of order, point of order, motion to reconsider, motion to
postpone, motion to close, debate or call the question. She believed that
this was sufficient for what the Council does on a regular basis.
Vice Mayor McGovern asked if Ms. Cohen patterned this after other
municipalities. Ms. Cohen said that they looked at Destin as well as a
number of municipalities. She said that they also looked at some of the
publications from the Center for Government at the University of North
Carolina where a professor published a handbook for small boards and
essentially simplified everything. Vice Mayor McGovern asked if Ms.
Cohen looked at other local municipalities in writing these procedures.
Ms. Cohen said that they looked at Palm Beach County and other
municipalities noting that she could provide Council with copies of their
procedures.
Councilman Napoleone referred to page 149 that talks about a person
seeking interested party status. He said it says that they shall request it
as early as possible but not later than two business days before the
commencement of the Council's hearings. He said with the meetings
starting at 7:00 p.m. on Tuesday, he asked what would be the latest
someone could request interested party status. Ms. Cohen said it would
be no later than Friday at 5:00 p.m.
Mayor Gerwig referred to page 154 and said that the section that states
that any Councilmember desiring to speak shall first be recognized by
the presiding officer was struck through. She asked what that was
replaced with and how do they maintain the order where decorum isn't
automatic. Ms. Cohen said that the presiding officer is the Mayor and
every member has a right to speak and debate and shall be recognized
by the presiding officer. She said that it is there, but is in a different
place.
With regard to the interested party section, Councilman Drahos said that
as he read that section they were defining interested parties as anyone
who was formally intervened in the matter which means anybody. Ms.
Cohen explained that when it comes to Comprehensive Plans and
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Amendments, the Florida Statutes and Florida case law gives broad
standing to people to challenge those matters. She said that the Village
is in the process of revising their Code and one of the last pieces to be
done will be the definitional section. She said they have not defined
interested party in this section since it will be defined in the Code. Ms.
Cohen further stated that the definition will have a broader meaning for
Comprehensive Plan Amendments than it does for any other type of
development order. She said that primarily an interested party is going
to be someone who either has an interest in the property or has a
contract to purchase the property. Mayor Gerwig noted that it would be
for something like a site plan or rezoning, but that would not be the case
for a Comp Plan. In the case of a Comp Plan, Ms. Cohen said it would
be much broader under the Florida Statutes and the Florida case law
interpreting those provisions.
Councilman Drahos asked if there was specific Florida case law that
defines an interested person in the Comp Plan context. Ms. Cohen
responded affirmatively pointing out that it was broader and anyone who
may be affected by the Comprehensive Plan Amendment would have
standing to bring a challenge.
Councilman Drahos asked what was the timeframe for when they would
have the definitions. Mr. Schofield said the way the Code is currently
written for a challenge to the Comprehensive Plan, any resident of
Wellington would have standing to challenge a Comp Plan Amendment
because it applies to the Village in its entirety. Councilman Drahos said
he didn't know if he necessarily agreed with that. In response, Ms.
Cohen said she would provide him with some case law which might help
him with that particular aspect. She said that with respect to the other
ones, she believed their definition will indicate that you have to have an
interest in the property or be a contract purchaser of the property or be
directly affected by the development order which will be defined in the
Code. Mr. Schofield said that it would depend on the application
because there are some zoning applications where they are required by
Statute and the Village's Code to notify everyone who lives within 500
feet of a border of the project. He said that if they were amending an
entire zoning district, anyone who is in that Zoning District whether it be
the person who initiated it or any other person would have standing to
comment on that.
Councilman Drahos said that he wanted to be very clear as to how they
were defining it. Ms. Cohen said that she understood exactly what his
concern was and that they have been mindful of that in talking about this
issue of interested parties, but said that she would provide a Statute
defining it under 163 and then also some case law defining it specifically
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to Comp Plan Amendments.
Councilman Napoleone said that the way that this is written it says "any
entity that has formally intervened in the matter" and then it is defined as
an interested party. He said that he thought the definition of interested
party capitalized in this term is defined by the sentence that proceeds it
as it doesn't say to go back and look at the Code definition or a statutory
definition unless it is somewhere else in these rules. He said if they want
interested party to mean something other than what is contained in this
paragraph, then they needed to reference people to "as defined in
Village Code or by Statute." He said that when they change the
definition, there needs to be somewhere that people can refer to in order
to find out what that means. Councilman Napoleone said if he believed
he formally intervened, and believed he was an interested party, then he
would not go look at some other Code because the document itself tells
him he is an interested party. He said that they have to be sure that gets
tied back to the Statute and the Code. Ms. Cohen said that currently they
don't have a definition and won't have one until that last piece is put into
place after all the other provisions of the Code are revised.
Vice Mayor McGovern said that he wasn't clear why they were doing this
at this time. Mayor Gerwig said that it was something that Council has
been looking at since 2012. Vice Mayor McGovern recalled that, but it
seemed to him that at least in the last two years, he didn't remember
having a problem with how a meeting was being conducted so he didn't
know if this was all necessary.
Mayor Gerwig said that might be true and she agreed with that, but the
problem was that the previous procedures weren't followed exactly and if
Robert's Rules of Order is invoked as the master standard, then they are
opening up Pandora's Box for procedures that can be tricky.
Ms. Cohen said it looked like there were more changes than there
actually were. She said that what they largely see is reordering and
tightening up some of the language, but there are not alot of
substantiative changes. She thought that some of the things were
important to do like to clarify that it applies to all boards and committees,
to clarify that you can't participate remotely for quasi-judicial hearings and
the rest of it are things that have been asked for by various
Councilmembers over the time that she has been here. She said the
revised document is a good tighter draft, but was largely the same with
the exception of the Robert's Rules issue.
Mayor Gerwig said that if anyone wanted to delay this, they could always
workshop it. Ms. Cohen noted that she had previously workshopped it,
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then Council asked for a redlined version and she received no other
feedback other than they wanted a redlined version.
Vice Mayor McGovern thought that with the redlined version they were
coming back to the workshop but this might be enough.
Mayor Gerwig said that she would review this again prior to the Council
meeting, and if anyone wanted to pull it, they can do that and postpone it.
Councilman Napoleone asked if this would take effect immediately upon
passage. Ms. Cohen responded affirmatively.
Mayor Gerwig thought it was beneficial to clear up the telephone
appearing during quasi-judicial hearings.
Mayor Gerwig pointed out that there is a timeframe listed for
quas-judicial hearings, and asked if there was one for non-quasi-judicial
hearings. Ms. Cohen said that there had never been a time limit on those
types of matters either under the old procedures or under this procedure.
She said if Council wanted to add a specific timeframe, she could do
that. Mr. Schofield suggested if Council wanted to apply a time limit that
they apply the same 20 minutes as under quasi-judicial hearings although
they very rarely have applicants who go that long.
Vice Mayor McGovern thought Mayor Gerwig was talking about when
they did the ordinance for Medical Marijuana, Conversion Therapy, and
other such ordinances where there were applicants and other people, but
those are very few and far between.
Mayor Gerwig said she was thinking of the Bed and Breakfast Ordinance
where they were changing the Comp Plan that wasn't quasi-judicial, but
thought that perhaps it might be okay not to include time limits, but
perhaps they may want to include it if they were rewriting the procedures.
Ms. Cohen said that the Vice Mayor was correct that those other
ordinances were legislative and she did not believe they limited the
presentations. Vice Mayor McGovern noted that they had set time limits
to keep that moving. Councilman Napoleone said there were no
applicants. Vice Mayor McGovern agreed but said there were interested
parties who were each given an equal amount of time. Ms. Cohen said if
the parties requested additional time in writing, they would have been
given it. Councilwoman Siskind said that was addressed in D, 137 -
Public Participation. Ms. Cohen said that was included in Extended
Participation. Councilwoman Siskind thought they could apply the same
requirements of 15 minutes. Ms. Cohen said that was the way they have
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always handled it, but if they want to apply the 20 minute, 15 minute, etc.
limitation to non-quasi-judicial applications then they could do that.
Vice Mayor McGovern thought what Ms. Cohen suggested seems fair
and what they did, but he was not sure about the person having to
request it 7 days in advance which would be in advance of the agenda
coming out.
Mr. Schofield said that agendas are normally published on Tuesdays
about 5:00 p.m. for the meeting the following Tuesday although there
have been times, depending on what is on them, where they have come
out as late as Thursday or Friday.
Councilman Drahos thought they should keep it consistent and keep it
two business days. Councilman Napoleone added that he would include
for clarification by way of example for a 7:00 p.m Tuesday Council
meeting, the deadline is 5:00 p.m. on Friday. Mr. Schofield preferred
that they keep the deadline at 5:00 p.m. because after 5:00 p.m. he could
not guarantee there would be a staff member here to receive the request.
Councilman Napoleone said that you could also say by close of business
day two days before the meeting.
Mayor Gerwig said they can review it and discuss it tomorrow. Ms.
Cohen said that they can schedule it for a workshop if Council wants to
do that.
Mayor Gerwig felt that Ms. Cohen has done a good job putting in writing
what the Village's practice is now as well as reordering the Pledge and
Invocation.
J. 18-1954 PRESENTATION OF AUDIT RESULTS FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 2017
Mr. Schofield presented the agenda item. This was the presentation and
discussion of audit results for the fiscal year ending September 30, 2017.
He noted that Raquel McIntosh, Grau and Associates, will be in
attendance to present the audit. Mr. Schofield said that Council will see
that the Village has a very clean audit and is in good financial position.
K. 18-1956 PUBLIC FORUM REQUEST – A PRESENTATION BY RICHARD
COSOLA, REQUESTING COUNCIL'S CONSIDERATION TO
RE-ESTABLISH THE VILLAGE’S BEAUTIFUL WELLINGTON GRANT
PROGRAM
Mr. Schofield introduced the agenda item. This was a request from
Richard Cosola to give a presentation requesting Council’s
consideration to re-establish the Village’s Beautiful Wellington Grant
Village of Wellington Page 13
Village Council Workshop Action Summary - Final March 26, 2018
Program.
Mayor Gerwig asked if Mr. Cosola was concerned that the grants are not
being opened to everyone. Mr. Barnes believed that Mr. Cosola wanted
to re-establish some of the older type grants from the past that focused
on aesthetic improvements whether it was related to landscaping, tree
removal/replacement and that type of thing. He said that in many cases,
alot of the old Beautiful Wellington grants went to beautifying entrance
ways as well for associations. Mr. Barnes said in the past, they also had
individuals who had applied for tree removal/replacement.
Vice Mayor McGovern asked who on staff has met with Mr. Cosola in
advance of this. Mr. Barnes said that they have not met with him in
advance and noted that he is a member of the Village's Tree Board. Mr.
Schofield reiterated that Mr. Cosola is a member of the Tree Board who
had asked to come here representing the Tree Board; however, they did
not get a vote to do that, so he is coming here as a private citizen which
is all he knows. He said that he has talked to the Committee Liaison,
looked at the minutes as well as the questions; however, Mr. Schofield
was not sure what Mr. Cosola will be asking Council.
Mayor Gerwig said that Mr. Cosola hasn't contacted her and he is her
appointment on the Tree Board. She said that she knows that replacing
invasive trees and shrubs can be costly noting that some are required to
be removed if they are on the invasive list.
Mr. Barnes said that if they are existing in many cases, the Village has
not gone back and retroactively asked them to be removed. However, if
it is a new project or improvement on a portion of the project has an
impact on the exotics and are on the removal list, then they would be
required to be removed.
Mayor Gerwig recalled the Magistrate requiring some people to remove
a significant portion of Florida Holly and things like that in the right -of-way
or easements in the back of their properties. Mr. Barnes said they could
check and confirm that. He reiterated that the Village was not going out
and citing people for exotic removal until there is a project there or
another requirement. Mr. Barnes noted that you can't go in and replace
new and exotic vegetation.
At this point, Mr. Schofield welcomed Chief Deputy Sheriff Michael
Gaugher who was in the audience.
5. WORKSHOP
None.
Village of Wellington Page 14
Village Council Workshop Action Summary - Final March 26, 2018
6. ATTORNEY'S COMMENTS
Ms. Cohen said that she filed a lawsuit on Friday against Palm Beach
Polo for the soccer violation. She said that she was waiting for the
summons and it would then be served.
7. MANAGER COMMENTS
None.
8. COUNCIL COMMENTS
None.
9. ADJOURN
There being no further business to come before the Village Council, the
meeting was adjourned at 5:10 p.m.
Village of Wellington Page 15
Agenda
Village of Wellington
12300 Forest Hill Blvd
Wellington, FL 33414
Meeting Agenda
Monday, March 26, 2018
4:00 PM
Village Hall - Conference Rooms 1E & 1F
Village Council Workshop
Anne Gerwig, Mayor
John T. McGovern, Vice Mayor
Michael Drahos, Councilman
Michael J. Napoleone, Councilman
Tanya Siskind, Councilwoman
Village Council Workshop Meeting Agenda March 26, 2018
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. 18-1955 EMPLOYEE OF THE MONTH FOR FEBRUARY, 2018 – CARRA
TAGGART
Recognition of the Employee of the Month for February, 2018, Carra Taggart.
4. REVIEW OF COUNCIL AGENDA
A. 18-1933 PROCLAMATION RECOGNIZING WELLINGTON COMMUNITY HIGH
SCHOOL PRINCIPAL MARIO CROCETTI FOR HIS YEARS OF SERVICE
Proclamation in recognition of Wellington Community High School Principal Mario Crocetti for his many
years of service.
B. 18-1959 A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON,
FLORIDA RECOGNIZING AND CONGRATULATING THE LOCAL
WINNERS OF THE AMERICAN WATERWORKS ASSOCIATION’S
“DROP SAVERS” WATER CONSERVATION POSTER CONTEST
Presentation of Proclamations to the local winners of the American Waterworks Association’s “Drop
Savers” Water Conservation Poster Contest.
C. 18-1949 PALM BEACH COUNTY FIRE RESCUE ANNUAL REPORT
PRESENTATION
District Chief William Rowley of Palm Beach County Fire Rescue Battalion 2 will present the Village of
Wellington Annual Report for the period of October 1, 2016 through September 30, 2017.
D. 18-1974 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF
JANUARY 8, 2018
Council approval of the Minutes of the Regular Wellington Council Meeting of January 8, 2018.
E. 18-1960 A PROCLAMATION OF THE VILLAGE COUNCIL OF WELLINGTON,
FLORIDA PROCLAIMING APRIL 2018 AS “WATER CONSERVATION
MONTH” IN THE VILLAGE OF WELLINGTON
Presentation of Proclamation to the Village of Wellington Utility Department.
F. 18-1881 AUTHORIZATION TO UTILIZE A PALM BEACH COUNTY CONTRACT
WITH WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO., INC.,
FOR THE PIERSON ROAD ROADWAY IMPROVEMENTS
Authorization to utilize Palm Beach County contract #R2017-055 with Wynn & Sons Environmental
Construction Co., Inc., as a basis for pricing, for the Pierson Road roadway improvements in an amount
not to exceed $29,920.00.
Village of Wellington Page 2
Village Council Workshop Meeting Agenda March 26, 2018
G. 18-1926 AUTHORIZATION TO UTILIZE A CLAY COUNTY CONTRACT TO
FURNISH, DELIVER AND INSTALL SAFETY SURFACING AT VARIOUS
PARKS VILLAGE-WIDE AND APPROVAL OF RESOLUTION NO.
R2018-16 AMENDING THE CAPITAL & GENERAL FUND BUDGET TO
PROVIDE FUNDING.
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING
THE CAPITAL AND GENERAL FUND BUDGET FOR FISCAL YEAR
2018 BY TRANSFERRING MONIES FROM NEIGHBORHOOD PARKS
CAPITAL PROJECTS TO OPERATING EXPENSE FOR
NEIGHBORHOOD PARKS RESURFACING; AND PROVIDING AN
EFFECTIVE DATE.
Authorization to utilize a Clay County contract with Robertson Industries, Inc., as a basis for pricing, to
furnish, deliver and install safety surfacing at various parks in the amount of approximately $240,871.09
and approval of Resolution No. R2018-16.
H. 18-1944 RESOLUTION NO. R2018-15 (MODIFICATION TO EXISTING SPEED
HUMP POLICY)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL REPEALING
RESOLUTION NO. R2007-36 OF THE VILLAGE COUNCIL OF THE
VILLAGE OF WELLINGTON, FLORIDA AND ADOPTING A NEW POLICY
FOR THE INSTALLATION OF SPEED HUMPS WITHIN THE VILLAGE OF
WELLINGTON; AND PROVIDING AN EFFECTIVE DATE.
Council approval of Resolution No. R2018-15, as presented, repealing the speed hump policy adopted in
Resolution No. R2007-36 and adopting a new policy to include language applicable to public and private
roads within the Village of Wellington.
I. 18-1793 RESOLUTION NO. R2018-14 (COUNCIL PROCEDURES)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL REVISING
THE RULES OF PROCEDURES FOR ALL OFFICIAL MEETINGS OF
COUNCIL TO EXPRESSLY APPLY THE PROCEDURES TO ALL
BOARDS AND COMMITTEES, PROHIBIT REMOTE ATTENDANCE FOR
QUASI-JUDICIAL HEARINGS, ADDRESS PUBLIC COMMENT FOR
CONSENT ITEMS, INCLUDE AN ADDITIONAL TIME FOR PUBLIC
FORUM, STREAMLINE PARLIAMENTARY RULES AND REORDER THE
INVOCATION AND PLEDGE OF ALLEGIANCE; AND PROVIDING AN
EFFECTIVE DATE.
Adoption of Resolution No. R2018-14 approving the revised Council Procedures.
J. 18-1954 PRESENTATION OF AUDIT RESULTS FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2017
Presentation and discussion of audit results for the fiscal year ending September 30, 2017.
Village of Wellington Page 3
Village Council Workshop Meeting Agenda March 26, 2018
K. 18-1956 PUBLIC FORUM REQUEST – A PRESENTATION BY RICHARD
COSOLA, REQUESTING COUNCIL'S CONSIDERATION TO
RE-ESTABLISH THE VILLAGE’S BEAUTIFUL WELLINGTON GRANT
PROGRAM
Request from Richard Cosola to give a presentation requesting Council’s consideration to re-establish the
Village’s Beautiful Wellington Grant Program.
5. WORKSHOP
6. ATTORNEY'S COMMENTS
7. MANAGER COMMENTS
8. COUNCIL COMMENTS
9. ADJOURN
Village of Wellington Page 4
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