Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Monday, May 8, 2023 4:00 PM Village Hall - Council Chambers Village Council Workshop Anne Gerwig, Mayor Michael Napoleone, Vice Mayor John T. McGovern, Councilman Michael Drahos, Councilman Tanya Siskind, Councilwoman While this is a public meeting, there will be no opportunity for public comment at this workshop. This workshop will be Iive streamed, recorded and posted to the Village website for viewing. Village Council Workshop Action Summary - Final May 8, 2023 1. CALL TO ORDER Mayor Gerwig called the meeting to order at 4:03 p.m. Council Members in Attendance: Anne Gerwig, Mayor; Michael Napoleone, Vice Mayor; John McGovern, Councilman, Michael Drahos, Councilman, and Tanya Siskind, Councilwoman. 2. PLEDGE OF ALLEGIANCE Mayor Gerwig led the Pledge of Allegiance. 3. REVIEW OF COUNCIL AGENDA Mr. Barnes introduced the agenda for the May 9, 2023 Regular Council Meeting for review. A. 23-5891 SENATOR LORI BERMAN: LEGISLATIVE SESSION UPDATE Mr. Barnes introduced the item. He stated that this was the Senator Lori Berman: Legislative Session Update. He stated that she will be present to present. B. 23-5873 PROCLAMATION RECOGNIZING LIEUTENANT ELI SHAIVITZ FOR HIS YEARS OF SERVICE WITH THE PALM BEACH COUNTY SHERIFF’S OFFICE DISTRICT 8 WELLINGTON Mr. Barnes introduced the item. He stated that this was the Proclamation Recognizing Lieutenant Eli Shaivitz for His Years of Service with the Palm Beach County Sheriff's Office District 8 Wellington. C. 23-5863 RECOGNITION OF PALM BEACH CENTRAL HIGH SCHOOL AND WELLINGTON COMMUNITY HIGH SCHOOL STUDENTS FOR THEIR DANCE MARATHON FUNDRAISING EFFORTS Mr. Barnes introduced the item. He stated that this was the Recognition of Palm Beach Central High School and Wellington Community High School Students for Their Dance Marathon Fundraising Efforts. He mentioned that due to changes in the organization in the State, both schools will now be raising funds for Nicholas Children's Hospital starting next year. Mr. Barnes noted that team members from the Wellington Athletics Project will be present to present. He said that he would like to have this item heard before the Public Hearing items. This item will not be moved from the Regular Agenda at tomorrow night's meeting. Mayor Gerwig commented that it can be done before the Consent Village of Wellington Page 1 Village Council Workshop Action Summary - Final May 8, 2023 Agenda. Mr. Barnes responded to Mayor Gerwig's comment. Mayor Gerwig asked what is the Wellington Athletics Agenda Item number. Mr. Barnes responded that it is Agenda Item 8A. D. 23-5887 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF APRIL 11, 2023 Mr. Barnes introduced the item. He stated that this was the Council approval of the Minutes of the Regular Wellington Council Meeting of April 11, 2023. He asked Council to provide comments, if any, to the Clerk's Office. E. 22-5396 AUTHORIZATION TO UTILIZE MULTIPLE CONTRACTS FOR THE PURCHASE OF INFORMATION TECHNOLOGY SYSTEMS EQUIPMENT Mr. Barnes introduced the item. He stated that this was the Authorization to Utilize Multiple Contracts for the Purchase of Information Technology Systems Equipment. Mr. De La Vega explained the item. Mayor Gerwig asked if services overlap the product or supply. Mr. De La Vega answered a question from Mayor Gerwig. Councilwoman Siskind commented that it is a budgeted item. Mayor Gerwig commented on the seamless safety to the Village. F. 22-5544 AUTHORIZATION TO UTILIZE A SOUTHEAST FLORIDA COOPERATIVE CONTRACT FOR THE PURCHASE AND DELIVERY OF SWIMMING POOL CHEMICALS Mr. Barnes introduced the item. He stated that this was the Authorization to Utilize Southeast Florida Cooperative Contract for the Purchase and Delivery of Swimming Pool Chemicals. Mr. De La Vega explained the item. He noted that the City of Sunrise was the lead agency for this bid. Mayor Gerwig commented on staff checking to see if there was anything else available. G. 22-5549 AUTHORIZATION TO UTILIZE A SOUTHEAST FLORIDA Village of Wellington Page 2 Village Council Workshop Action Summary - Final May 8, 2023 COOPERATIVE CONTRACT WITH MULTIPLE VENDORS FOR THE PURCHASE AND DELIVERY OF SODIUM HYDROXIDE Mr. Barnes introduced the item. He stated that this was the Authorization to Utilize a Southeast Florida Cooperative Contract with Multiple Vendors for the Purchase and Delivery of Sodium Hydroxide. Mr. De La Vega explained the item. He mentioned the three vendors awarded the contract. Councilwoman Siskind asked why no price is listed under the truckload. Mr. De La Vega answered a question from Councilwoman Siskind. Mayor Gerwig commented on having a back-up. Councilman McGovern commented on the sizable difference. H. 22-5604 AUTHORIZATION TO EXECUTE A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR VILLAGE PARK FIELD 22 RENOVATIONS Mr. Barnes introduced the item. He stated that this was the Authorization to Execute A Guaranteed Maximum Price (GMP) Amendment for Village Park Field 22 Renovations. Mr. De La Vega explained the item. Mayor Gerwig asked if this is only a quarter of the quad. Mr. Barnes answered a question from Mayor Gerwig. Mayor Gerwig asked about the rehab of more than one field at a time. Mr. De La Vega answered a question from Mayor Gerwig. Mayor Gerwig asked if green is included for this field. Mr. Barnes answered a question from Mayor Gerwig. Councilman McGovern asked when were the other two fields last done and how are the fields being chosen. Mr. Barnes answered a question from Councilman McGovern. Mayor Gerwig commented on the field play. Mr. Barnes responded to comments from Mayor Gerwig. Village of Wellington Page 3 Village Council Workshop Action Summary - Final May 8, 2023 Councilman McGovern asked Mr. Barnes if the plan is to do one field a year. Mr. Barnes answered a question from Councilman McGovern. I. 23-5875 RESOLUTION NO. R2023-22 (OUTSIDE LEGAL FEES AND COSTS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE FISCAL YEAR 2022/2023 GENERAL FUND LEGAL DEPARTMENT OPERATING BUDGET TO ALLOCATE UNASSIGNED FUND BALANCE OF $80,000 FOR ADDITIONAL OUTSIDE LEGAL SERVICES AND RELATED EXPENSES; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. He stated that this was Resolution No. R2023-22 (Outside Legal Fees and Costs). Ms. Cohen explained the item. Mayor Gerwig asked if funding had been transferred over this year. Ms. Cohen answered a question from Mayor Gerwig. She noted the foreclosure case. Councilman McGovern inquired about the case. Ms. Cohen responded to Councilman McGovern's inquiry. Vice Mayor Napoleone commented on the bond posted. Councilman McGovern asked about reimbursement of legal fees. Ms. Cohen said that the fees are roughly $70,000. She mentioned the Shade Session for PR Raintree and Long Stables scheduled after Agenda Review. She said that a lot of this is successfully coming to a conclusion. Mayor Gerwig inquired if Legal is anticipating increasing the amount in the budget. Ms. Cohen responded to Mayor Gerwig's inquiry. Councilman Drahos commented on the fees and cost. He said that he does not think that this is a typical deviation, the key part is that Legal has been successful. There were comments about Legal expenses and the type of specialty Village of Wellington Page 4 Village Council Workshop Action Summary - Final May 8, 2023 case matters that require outside experts. Ms. Cohen responded to comments made by Council. Mr. Barnes advised that he would like to discuss the Regular Agenda Item 8A A.) Amendment No. 2 To Comprehensive Agreement for the Design, Development, Construction and Operation of Wellington Community Park. B.) Authorization of Bond Counsel Engagement for Wellington Community Park Project before moving to the Public Agenda. He noted that there will be no change to the agenda, just for today's Agenda Review. J. 23-5877 RESOLUTION NO. R2023-23 (PRELIMINARY TRIM RATES FOR WELLINGTON SOLID WASTE COLLECTION AND RECYCLING ASSESSMENT) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING THE PRELIMINARY NON-AD VALOREM ASSESSMENT RATES FOR SOLID WASTE COLLECTION AND RECYCLING SERVICE FOR TRUTH-IN-MILLAGE (“TRIM”) PURPOSES WITHIN THE JURISDICTIONAL BOUNDARIES OF WELLINGTON; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the items. He stated that this was Resolution No. R2023-23 (Preliminary TRIM Rates for Wellington Solid Waste Collection and Recycling Assessment). Ms. Quickel explained the item. Mayor Gerwig asked if the fund use balance was utilized last year. Ms. Quickel answered a question from Mayor Gerwig. Vice Mayor Napoleone asked how much was pulled from the fund. Ms. Quickel answered a question from Vice Mayor Napoleone. Councilman McGovern asked how much is in the fund now. Ms. Quickel said that there is about $1.4 million currently in the fund per the September 30, 2022 audit. She said that the contract amount is roughly $5.4 million. Mayor Gerwig commented on the garbage cans. She asked if there had been an increase in requests for replacement cans. Ms. Quickel and Mr. Barnes responded to a question from Mayor Gerwig. Village of Wellington Page 5 Village Council Workshop Action Summary - Final May 8, 2023 Councilman McGovern commented on purchasing a different design of garbage cans. Mayor Gerwig commented that she does not like that the specifications do not cover the types of can that the Village has purchased. Mr. Barnes responded to a comment from Mayor Gerwig. Councilman Drahos asked if any stats are kept on the old vendor and the new vendor to determine how many cans have been replaced. Mr. Barnes and Ms. Quickel responded to a question to Councilman Drahos. Councilman McGovern inquired on the 5% contract increase. Ms. Quickel responded to Councilman McGovern's inquiry. Vice Mayor Napoleone commented that this was discussed when the Village changed vendors. Mayor Gerwig commented that this was the best deal the Village could get. Ms. Quickel further explained the item. She noted that assessment rates will be adopted at the required Public Hearing in August. If adopted these rates will be submitted to the Solid Waste Authority and finalized at the June Council meeting. K. 23-5845 ORDINANCE NO. 2023-11 (MUNICIPAL ELECTION DATE) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL MOVING THE DATE FOR THE MUNICIPAL ELECTION TO BE HELD CONCURRENT WITH THE PRESIDENTIAL PREFERENCE PRIMARY; AMENDING THE CANDIDATE QUALIFYING PERIOD; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. He stated that this was Ordinance No. 2023-11 (Municipal Election Date). Ms. Cohen explained the item. She noted that the election date would be March 19, 2024 and the qualifying period would start at 12 p.m. noon on November 7th through November 21st, 2023 until 12 p.m. noon. Mayor Gerwig asked how were the qualifying dates established. Village of Wellington Page 6 Village Council Workshop Action Summary - Final May 8, 2023 Ms. Addie answered a question from Mayor Gerwig. There was discussion and comments regarding the qualifying dates. There was consensus by Council to move the qualifying dates. L. 23-5862 ORDINANCE NO. 2023-10 (RESTAURANT OUTDOOR DINING AREAS - ZONING TEXT AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING WELLINGTON’S LAND DEVELOPMENT REGULATIONS, MORE SPECIFICALLY, A ZONING TEXT AMENDMENT (PETITION 2023-0001-ZTA) TO MODIFY THE SUPPLEMENTARY STANDARDS FOR RESTAURANTS IN ARTICLE 6, SECTION 6.2.2.B.17, TO PROVIDE STANDARDS FOR OUTDOOR DINING AREAS, AND TO ALLOW DOGS WITHIN DESIGNATED RESTAURANT OUTDOOR AREAS WITH APPROVAL OF A SPECIAL USE PERMIT, AS MORE SPECIFICALLY CONTAINED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. He stated that this was Ordinance No. 2023-10 (Restaurant Outdoor Dinning Areas-Zoning Text Amendment) Mr. Stillings explained the item. He mentioned that there will be a full presentation at tomorrow night's meeting. Mayor Gerwig inquired about the amendment in the folder. Ms. Addie responded to Mayor Gerwig's inquiry. M. 23-5865 ORDINANCE NO. 2023-08 (MONCADA COMPREHENSIVE PLAN AMENDMENT (CPA)) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AN AMENDMENT TO THE FUTURE LAND USE MAP (FLUM) OF WELLINGTON’S COMPREHENSIVE PLAN (PETITION NUMBER 2023-0001-CPA), TO MODIFY THE LAND USE DESIGNATION FOR CERTAIN PROPERTY KNOWN AS MONCADA FROM PALM BEACH COUNTY RURAL RESIDENTIAL 10 (RR/10) TO WELLINGTON’S CONSERVATION LAND USE DESIGNATION, TOTALING 45 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF FLYING COW ROAD, APPROXIMATELY 3.35 MILES SOUTH OF SOUTHERN BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN Village of Wellington Page 7 Village Council Workshop Action Summary - Final May 8, 2023 EFFECTIVE DATE. Mr. Barnes introduced the item. He stated that this was Ordinance No. 2023-08 (Moncada Comprehensive Plan Amendment (CPA)). Mr. Stillings explained the Item. He noted that there have been no changes since First Reading. He mentioned that there would be a full presentation at tomorrow night's meeting. N. 23-5866 ORDINANCE NO. 2023-09 (MONCADA REZONING) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A REZONING (PETITION NUMBER 2023-0001-REZ) TO MODIFY THE OFFICIAL ZONING MAP OF WELLINGTON FOR CERTAIN PROPERTY KNOWN AS MONCADA FROM PALM BEACH COUNTY AGRICULTURE RESIDENTIAL (AR) TO WELLINGTON COMMUNITY FACILITIES (CF), TOTALING 45 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF FLYING COW ROAD, APPROXIMATELY 3.35 MILES SOUTH OF SOUTHERN BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. This item was discussed with the previous item. O. 23-5892 A. AMENDMENT NO. 2 TO COMPREHENSIVE AGREEMENT FOR THE DESIGN, DEVELOPMENT, CONSTRUCTION AND OPERATION OF WELLINGTON COMMUNITY PARK B. AUTHORIZATION OF BOND COUNSEL ENGAGEMENT FOR WELLINGTON COMMUNITY PARK PROJECT Mr. Barnes introduced the item. He stated that this was A). Amendment No. 2 to Comprehensive Agreement for the Design, Development, Construction and Operation of Wellington Community Park. B). Authorization of Bond Counsel Engagement for Wellington Community Park Project. Ms. Quickel explained the item. She noted the changes in the revised draft of Amendment No. 2 that was provided to Council. Ms. Cohen clarified that the Agenda packet states Article 7 but the changes were actually made in Article 11. Ms. Quickel further explained the item. Councilman McGovern inquired about Article 16.2. Ms. Quickel and Ms. Cohen responded to Councilman McGovern's Village of Wellington Page 8 Village Council Workshop Action Summary - Final May 8, 2023 inquiry. Mayor Gerwig asked when is the debt service paid. Ms. Quickel answered a question from Mayor Gerwig. Mayor Gerwig asked if the Village is moving forward with a different Bond Counsel. She asked Ms. Quickel to explain for the record. Ms. Quickel noted that Mark Raymond, Esq. withdrew as counsel on April 28, 2023. She said that staff recommends Morris G. "Skip" Miller of Greenspoon Marder LLP as the new Bond Counsel. She mentioned that he has reviewed all the documentation. He is present to speak to Council. Ms. Cohen stated that the revision in Chapter 11 was requested by Mr. Miller. He wanted to make sure that the Village saw the actual construction contract and has the opportunity to approve it. She said that he wants the Village to be included in the change order process to ensure that the price of construction does not escalate beyond what the Village has bargained. Ms. Quickel noted that it was not just Bond Counsel but the entire Finance Team. There was discussion regarding oversight, the contract, and the change order process. Mayor Gerwig commented that she still has questions regarding impact and traffic off of South Shore during the Equestrian Season. She asked if there are any traffic reports. Mr. Barnes answered a question from Mayor Gerwig. Councilman Drahos asked if Mr. Miller will be present at the Village Council meeting. Ms. Quickel answered a question from Councilman Drahos. Councilman Drahos requested Mr. Miller to introduce himself and discuss his qualifications. Mr. Miller introduced himself and provided background on his qualifications. He said that they are thrilled to work with the Village of Wellington. Mayor Gerwig disclosed that she and Mr. Miller serve on the Housing Village of Wellington Page 9 Village Council Workshop Action Summary - Final May 8, 2023 Leadership Council. There was discussion and questions regarding Mr. Miller's qualifications and his representation of other communities with similar projects and the Village project. Councilwoman Siskind inquired why Mr. Raymond withdrew. Mr. Barnes answered a question from Councilwoman Siskind. There was discussion regarding Mr. Raymond's withdrawal and project financing. Kaitlin Guerin, Esq. of Gunster Law representing Wellington Athletics answered questions from Council. She noted that the site plan application has been submitted to the Village. Councilman Drahos commented on Mr. Raymond's resignation as Counsel. He said that he wants Mr. Miller to have the same freedom that Mr. Raymond had. He encouraged Mr. Miller to raise concerns and be Counsel for the Village and not be a yes man. Mr. Miller and Ms. Guerin responded to comments made by Councilman Drahos. Councilman McGovern asked if an agreement was discussed with Mr. Raymond. Ms. Guerin answered a question from Councilman McGovern. There was discussion regarding Mr. Bostic's capital contribution, risk of loss and the project phases. Councilman McGovern inquired about the Village usage in Phase I. Mr. De La Vega responded to Councilman McGovern's inquiry. Mayor Gerwig inquired on the use times for the Village. Ms. Guerin and Mr. De La Vega responded to Mayor Gerwig's inquiry. There were comments and discussion regarding the Village use and the Palm Beach County Sports Commission usage. Councilman Drahos asked what is the added cost for multi-use fields. Mr. Barnes and Mr. De La Vega answered a question from Village of Wellington Page 10 Village Council Workshop Action Summary - Final May 8, 2023 Councilman Drahos. Councilman McGovern inquired about the open play component. Mr. Barnes responded to Councilman McGovern's inquiry. Vice Mayor Napoleone asked about future open play components. Mr. Barnes answered a question from Vice Mayor Napoleone. Vice Mayor Napoleone asked if the Village can do anything with the agreement with Wellington Athletics to setup a trigger for the obligation to create those facilities. Councilman Drahos commented that he likes that idea. Mr. Barnes responded to comments and questions from Council. Ms. Guerin advised that Mr. Bostic is trying to make this work with what he has. He is fully committed to making this come together. She said that he has softball coaches, players and programming that want to be in Wellington. She advised that the multi-use field and open play is part of his vision for the community. Mayor Gerwig commented about the difficulty of the location. Councilwoman Siskind asked if a traffic study had been done for the area. Ms. Guerin advised that the study had been submitted with the site plan application. She noted that Adam Kerr, Transportation Engineer, Kimley Horn & Associates will be present tomorrow to speak about traffic. There were comments and discussion regarding deed restrictions for the property and the option to sale the property. Ms. Guerin responded to comments from Council. Mr. De La Vega explained the next steps. He said that staff would come back before Council in June to present the Bond Resolution for approval; this would be the last approval. Councilman McGovern inquired on the last approval. Mr. De La Vega responded to Councilman McGovern's inquiry. Village of Wellington Page 11 Village Council Workshop Action Summary - Final May 8, 2023 Mayor Gerwig commented on the program presentation. Mr. Barnes and Ms. Quickel responded to a comment made by Mayor Gerwig. Vice Mayor Napoleone commented that there have been multiple meetings regarding this project. P. 23-5858 AUTHORIZATION TO ENTER INTO MASTER MARKETING AGREEMENT WITH ARCADIA INFRASTRUCTURE I, LLC Mr. Barnes introduced the item. He stated that this was the Authorization to Enter Into Master Marketing Agreement with Arcadia Infrastructure I, LLC. He noted that this item was presented at the last meeting with questions and a representative was present to speak on behalf of Verizon. He said that Anthony Lepore CityScape Consultant is present to address questions and concerns that arose at the meeting. He mentioned that Mr. Stillings and the team have spoken and presented items in discussion with Arcadia that can be addressed today. He noted that Mr. Lepore will be present via Zoom at tomorrow night's meeting. Mr. Stillings noted that Sam Johnston with Arcadia is present if Council would like to hear from him. Mayor Gerwig asked Mr. Stillings to cover the revisions. Mr. Stillings noted the revision made in Subsection 2 which is the new sub-section 2.D with an opt-out clause. He explained the item. Ms. Cohen advised that the revision was raised as a concern at the last meeting. She noted that Council was provided the back and forth in all the negotiations. She would like for Mr. Lepore to talk about the agreement itself and the important changes that were made and the benefit to this type of structure. Mr. Lepore noted that he started working on the first draft with Ms. Cohen in January and seven redlines were done. He said that the goal was to get an agreement that protected the Village, facilitated the deployment, services, and bring in added revenue. He advised that this agreement shifts the administrative burden away from the Village and places it on Arcadia. Mayor Gerwig commented that this is very unique. Ms. Cohen advised that Mr. Lepore is an licensed attorney in the State of Florida but his company is based out of Washington D.C. She said that he does this type of work. Village of Wellington Page 12 Village Council Workshop Action Summary - Final May 8, 2023 Mr. Lepore discussed the goal and level of protection for the Village. He noted that all approvals will have to come before Council to approve the design, location and what is going on the sites and what it will look like. He noted that a revenue share and audit rights provision was placed in the agreement to allow the Village to audit sub-leases to ensure that the Village is getting its fair share of the percentages. Councilman Drahos commented that this is good. He asked what qualified as a proposal. Mr. Lepore answered a question from Councilman Drahos. Ms. Cohen mentioned the objection received from Verizon and their tower builder. Mr. Lepore said that the Village is prohibited from doing this deal with Verizon. Vice Mayor Napoleone asked for Mr. Lepore to explain why the Village cannot do business with Verizon. Mr. Lepore and Ms. Cohen responded to a question from Vice Mayor Napoleone. There was discussion regarding the two tower recommendation, whether similar agreements have been negotiated with other municipalities, and Verizon's eight tower option. Mr. Lepore answered questions from Council. Ms. Cohen asked Mr. Lepore to speak about his experience with Coral Springs. Mr. Lepore discussed his experience with Coral Springs and Coconut Creek. Ms. Cohen advised that those communities are asking Mr. Lepore's company to do for them what Arcadia is asking the Village to do. Councilman Drahos commented that he sees this in the reverse; he sees that other municipalities will jump on and copycat the Village; which could mean that Arcadia will have a better deal somewhere else and may neglect the Village. Mr. Lepore responded to comments made by Councilman Drahos. Village of Wellington Page 13 Village Council Workshop Action Summary - Final May 8, 2023 Councilman Drahos asked if this is the best deal that Wellington can negotiate. Mr. Lepore answered a question from Councilman Drahos. There was discussion regarding the negotiations. Councilman McGovern inquired on the back and forth negotiations. Ms. Cohen responded to Councilman McGovern's inquiry. Councilman McGovern asked Mr. Lepore what is the goal. Mayor Gerwig commented that service is the goal. Mr. Lepore answered a question from Councilman McGovern. There was discussion regarding the goal for the Village and Mr. Lepore's original desire for the agreement. Mr. Barnes noted that nothing precludes Verizon from working with Arcadia to affect those sites. Councilman McGovern asked if Verizon's counsel asked for anytime to speak at tomorrow night's meeting. Ms. Cohen answered a question from Councilman McGovern. Mr. Stillings noted that an inquiry came in for a tower to be placed on a private piece of property south of Gracida which is represented by a different tower development group working with Verizon. There were comments regarding private properties. Councilman Drahos thanked Mr. Lepore for his expertise. He said that it has been a big benefit for Wellington. Ms. Cohen mentioned that Mr. Lepore worked on the Village's Small Cell Ordinance several years ago. He will be available via Zoom tomorrow night. Q. 23-5857 PRESENTATION BY THE NORTH LONDON COLLEGIATE SCHOOL Mr. Barnes introduced the item. He stated that this was the Presentation by the North London Collegiate School. He noted that no offers have been submitted at this time since representatives are trying to meet with Council individually. He mentioned that representative Luis E. Garcia de Brigard, Founder and Managing Village of Wellington Page 14 Village Council Workshop Action Summary - Final May 8, 2023 Partner of Appian Education Ventures will appear via Zoom. He noted that Mr. Garcia de Brigard will confirm whether Bernardo Fort -Brescia, FAIA, Principal/Arquitectonica will present. Councilman Drahos asked if Mr. Garcia de Brigard will present from London. He asked can the item be moved up on the Agenda. Mr. Barnes responded to questions from Councilman Drahos. There were comments by Council regarding moving the item up. Mr. Barnes responded to comments from Council. R. 23-5870 DISCUSSION AND DIRECTION REGARDING AN UNSOLICITED PROPOSAL RECEIVED FROM PROJECT LIGHTHOUSE Mr. Barnes introduced the item. He stated that this was Discussion and Direction Regarding an Unsolicited Proposal Received from Project Lighthouse. He noted the 90-days granted by Council at the February Council meeting. He mentioned that an unsolicited proposal had been submitted pursuant to State Statutes for the site. Mayor Gerwig inquired when the proposal came in. Mr. Barnes responded to Mayor Gerwig's inquiry. He noted that the proposal was transmitted to Council by Danielle Zembrzuski in Purchasing. He said that Ms. Cohen is in the process of reviewing the proposal. Ms. Cohen advised that the proposal has been reviewed. Mr. De La Vega said that representatives from Project Lighthouse will present at tomorrow night's meeting. Mr. Barnes said that representatives will present their basis for the proposal. Staff will be able to provide the basis for the review and answer any comments and questions. He said that the representatives have had the opportunity to meet with most of Council. Councilwoman Siskind commented on not having a one on one meeting. Vice Mayor Napoleone commented about his meeting being canceled. Councilman McGovern asked Ms. Cohen if her review will be done by tomorrow. Ms. Cohen answered a question from Councilman McGovern. Village of Wellington Page 15 Village Council Workshop Action Summary - Final May 8, 2023 Councilman Drahos asked what kind of presentation is Council getting. Mr. Barnes answered a question from Councilman Drahos. Councilman McGovern commented on the residential component in the proposal. He asked about the number of units. Mr. De La Vega answered a question from Councilman McGovern. There were comments and discussion regarding the residential component. Councilman McGovern asked Ms. Cohen if she looked at the legal structure and form of the requested ground lease and a contingency that the performing arts center be built first and continuously operate. Ms. Cohen advised that nothing in the proposal speaks to that. She said that no proposed agreement had been submitted. This should be in a comprehensive agreement if Council decides to move forward. She advised that there are a number of questions; how the funding would be secured, who is funding the shortfall in the operation of the performing arts center, and what happens if there is a bankruptcy. She said that there are a lot of questions Council should be thinking about as part of Council's review. Councilman Drahos commented on the legal validity of the project. There was discussion regarding leasing land and the legal structure. 4. WORKSHOP None. 5. ATTORNEY'S COMMENTS Ms. Cohen noted the Shade Session scheduled after Agenda Review. 6. MANAGER COMMENTS Mr. Barnes provided an update on the Farrell West and Wellington North and South Projects. He mentioned that the projects are commencing the process off season. Councilman McGovern commented that the Farrell West project is not in the equestrian area. Village of Wellington Page 16 Village Council Workshop Action Summary - Final May 8, 2023 Mr. Barnes responded to a comment made by Councilman McGovern. He discussed allowing virtual comments for those not in the area during the process. He said that Village procedures specifically address this. However, in some cases, the Village has to consider whether or not to allow. Mayor Gerwig inquired if this is Quasi-Judicial. Ms. Cohen responded to Mayor Gerwig's inquiry. There were comments and discussion about allowing virtual comments. Mr. Barnes and Ms. Cohen responded to comments and questions from Council. Vice Mayor Napoleone inquired about comments made to the committees. Mr. Stillings responded to Vice Mayor Napoleone's inquiry. Ms. Cohen advised that there are a number of things in Council procedures that should be updated. She said that Council should look at the procedures to see what should be updated and what staff can do to make them better. Councilman McGovern commented that the Village has the technology to allow virtual comments. He said that it would be a mistake if the Village does not allow as many people as possible to comment on these massive proposals. Councilwoman Siskind commented if this is allowed she would want both parties and interested parties to agree and state that they would agree not to challenge if virtual comments are allowed. Mr. Stillings explained the interested party process. There were comments by Council regarding the interested party process. Ms. Cohen advised that staff is comfortable leaving the process the way it has been done. Mr. Stillings noted that the public will have four opportunities to speak. Councilman McGovern asked what is the time frame between the Village of Wellington Page 17 Village Council Workshop Action Summary - Final May 8, 2023 opportunities. Mr. Stillings answered a question from Councilman McGovern. Councilman McGovern asked if staff comments have been given to the applicant. Mr. Stillings answered a question from Councilman McGovern. Mayor Gerwig asked if the applicant had sufficiently answered staff questions. Mr. Stillings answered a question from Mayor Gerwig. Vice Mayor Napoleone commented that changing the procedures is a timing problem for the June meeting. Mr. Barnes responded to a comment from Vice Mayor Napoleone. Councilman Drahos commented that the Village should not change how it has been doing business. Mayor Gerwig commented that she is not in favor of changing. Mr. Barnes mentioned a unsolicited offer for K-Park. He noted that it is the same plan that was talked about in 2011. He said that this is something that Council will need to look at, at least to discuss. He mentioned the provision in the offer that requires a determination by the end of the month. He said that he is seeking consensus from Council to request that the proposer extend the timeframe to allow staff to discuss the concept to the offer. Mayor Gerwig commented on the process for K-Park and the public purpose. There was discussion regarding the appraisal and offer for K-Park. There was consensus by Council for staff to speak with the attorney and client to discuss the proposal further. 7. COUNCIL COMMENTS Mayor Gerwig said that delinquent taxes have been paid for the two properties near the buffer off Southern Boulevard near the properties that border Binks Forest Elementary and Wellington National. She provided photocopies of the properties to Council. She said that the properties are owned by CorePoint and wanted to make Council aware. Village of Wellington Page 18 Village Council Workshop Action Summary - Final May 8, 2023 Ms. Cohen explained the next steps after the taxes have been paid. She mentioned contacting one the owners of CorePoint to find out if they would be interested in the sale of the property. She advised that CorePoint is requesting a proposal for fair market value. Councilman Drahos asked who paid the taxes. Ms. Cohen and Mr. Barnes responded to a question from Councilman Drahos. There was discussion regarding the properties adjacent to the buffer owned by the Acme Improvement District. Ms. Cohen advised that the Village did receive a deed from CorePoint turning over a lot of properties. However, these particular parcels were not included in the deed. She said that CorePoint will not consider an offer without an established fair market value of the properties. Councilman Drahos asked how much does it cost for an appraisal. Ms. Cohen and Mr. Barnes responded to a question from Councilman Drahos. Councilman Drahos asked Mayor Gerwig if she is asking Council to proceed with the appraisal. Mayor Gerwig said that the Village does not have a policy on this. She does not want the properties to go to a tax deed sale. Ms. Cohen advised that Council can authorize Legal to move forward with an appraisal at tomorrow night's meeting if Council wants. This would be the next step. Vice Mayor Napolone thanked Mayor Gerwig for bringing this to Council's attention. 8. ADJOURN There being no further business to discuss with Council, the meeting adjourned at 6:40 p.m. Village of Wellington Page 19