Village Council Workshop

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary - Final Tuesday, June 6, 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 June 6, 2023 1. CALL TO ORDER Mayor Gerwig called the meeting to order at 4:02 p.m. Council Members in Attendance: Anne Gerwig, Mayor; John McGovern, Councilman; and Tanya Siskind, Councilwoman. Council Members Absent: Michael Napoleone, Vice Mayor and Michael Drahos, Councilman. 2. PLEDGE OF ALLEGIANCE Mayor Gerwig led the Pledge of Allegiance. 3. REVIEW OF COUNCIL AGENDA Mr. Barnes introduced the agenda for the June 13, 2023 Regular Council Meeting for review. He advised that Agenda Item 3J A.) Approval of Amendment No. 3 To Comprehensive Agreement for Design, Development, Construction and Operation of Wellington Community Park B.) Approval of Resolution No. R2023-09 Authorizing The Wellington Community Park Bond Issuance will be heard first during Agenda Review. A. 23-5884 PALM BEACH COUNTY SHERIFF’S OFFICE DISTRICT 8 WELLINGTON FY22 ANNUAL REPORT PRESENTATION Mr. Barnes introduced the item. He stated that this was the Palm Beach County Sheriff's Office District 8 Wellington FY22 Annual Report. He noted the request received from Sheriff Ric Bradshaw and Teri Barbera, Bureau Director/Public Information Officer, to be added to the Agenda to recognize Captain Silva. Councilman McGovern asked if the Sheriff and Capitan Silva will be present. Mr. Barnes answered a question from Councilman McGovern. B. 23-5943 MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF MAY 9, 2023 AND MAY 30, 2023 Mr. Barnes introduced the item. He stated that this was the Council approval of the Minutes of the Regular Wellington Council Meetings of May 9, 2023 and May 30, 2023. He asked Council to provide comments, if any, to the Clerk's Office. C. 23-5728 AUTHORIZATION TO RENEW EXISTING CONTRACTS FOR PALM Village of Wellington Page 1 Village Council Workshop Action Summary - Final June 6, 2023 TREE PRUNING AND ROOT PRUNING Mr. Barnes introduced the item. He stated that this was the Authorization to Renew Existing Contracts for Palm Tree Pruning and Root Pruning. Mr. De La Vega explained the item. He noted that this is a three-year contract that was bid back in 2020 with the same vendors. He mentioned that Duffy's requested a 6% increase. Mayor Gerwig asked if the Village can utilize either vendor if one is not available. Mr. De La Vega answered a question from Mayor Gerwig. Mayor Gerwig and Councilman McGovern asked if there were any issues with service. Mr. De La Vega answered a question from Mayor Gerwig and Councilman McGovern. D. 23-5849 AUTHORIZATION TO AWARD A CONTRACT FOR THE LASER GRADE OF (21) WELLINGTON TENNIS COURTS Mr. Barnes introduced the item. He stated that this was the Authorization to Award a Contract for the Laser Grade of (21) Wellington Tennis Courts. Mr. De La Vega explained the item. He noted that this was a sealed bid, low bid. Councilman McGovern asked if these are the new tennis courts. Mr. De La Vega answered a question from Councilman McGovern. Mayor Gerwig inquired about the laser grading. Mr. Barnes responded to Mayor Gerwig's inquiry. Mr. De La Vega further explained the item. There was discussion regarding Fast Dry Courts, Inc. Councilman McGovern commented on Mr. Gills induction into the State Hall of Fame. Mr. Gill discussed how clay tennis courts are built. Village of Wellington Page 2 Village Council Workshop Action Summary - Final June 6, 2023 Mayor Gerwig asked how long is the process. Mr. Gill answered a question from Mayor Gerwig. Councilman McGovern asked how long will the courts last. Mr. Gill answered a question from Councilman McGovern. Councilwoman Siskind commented on the tennis court lines. E. 23-5934 AUTHORIZATION TO AWARD A TASK ORDER TO PROVIDE ENGINEERING CONSULTING SERVICES FOR THE WELLINGTON ENVIRONMENTAL PRESERVE (SECTION 24) EXPANSION PROJECT Mr. Barnes introduced the item. He stated that this was the Authorization to Provide Engineering Consulting Services for the Wellington Environmental Preserve (Section 24) Expansion Project. Mr. Reinsvold explained the item. He presented a PowerPoint Presentation, Environmental Preserve Expansion Project Request for Engineering Services. He mentioned that Garry Gruber, P.E., Senior Vice President, Mock Roos & Associates, is present this evening. Mayor Gerwig commented on the Conceptual Site Plan. She asked about the benefits to the environment. Mr. Gruber responded to comments from Council. He said that he is very vested in this project as he was the Project Manager in 2009 and 2011 for the design and construction. He discussed the benefits. Mayor Gerwig asked how it would look. Mr. Gruber answered a question from Mayor Gerwig. Mayor Gerwig asked about the pavillion. Mr. Reinsvold and Mr. Gruber responded to a question from Mayor Gerwig. Councilwoman Siskind asked Ms. Quickel if the Botanical Garden is part of the grant. Ms. Quickel answered a question from Councilwoman Siskind. There were comments by Council regarding the Botanical Garden. Village of Wellington Page 3 Village Council Workshop Action Summary - Final June 6, 2023 F. 23-5729 AUTHORIZATION TO RENEW AN EXISTING CONTRACT FOR INSURANCE BROKERAGE SERVICES Mr. Barnes introduced the item. He stated that this was the Authorization to Renew an Existing Contract for Insurance Brokerage Services. Mr. De La Vega explained the item. He noted that this is the last available renewal through July 31, 2024. Mayor Gerwig asked whether being on the Florida Municipal Insurance Trust Board (FMIT) was relevant to this conversation. Ms. Cohen responded no. Mr. De La Vega continued to explain the item. He said that the Village does not pay the Gehring Group directly, the insurance company providers do, based on the percentage of premiums. Mayor Gerwig commented that this is the best manner to get the services. Mr. De La Vega responded to Mayor Gerwig's comment. Ms. Cohen advised that the Gehring Group advises the Village on various insurance provisions in contracts. Councilman McGovern commented on this being the final renewal. Mr. De La Vega responded to Councilman McGovern's comment. He said that the contract will go out for Request For Proposal (RFP) next year. G. 23-5909 RESOLUTION NO. R2023-28 (APPOINT MEMBERS TO FILL VACANCIES ON THE WELLINGTON AFFORDABLE HOUSING ADVISORY COMMITTEE VACANCIES) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPOINTING MEMBERS TO FILL VACANCIES ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE CONSISTENT WITH ORDINANCE NO. 2022-04 AND SECTION 420.9076, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. He stated that this was the Resolution No. R2023-28 (Appoint Members to Fill Vacancies on The Wellington Affordable Housing Advisory Committee). He mentioned that Mr. Stillings is present to answer questions. He said that there are two vacancies Village of Wellington Page 4 Village Council Workshop Action Summary - Final June 6, 2023 and two applicants that have applied. Mayor Gerwig asked about the applicants' expertise. There were comments by Council regarding the applicants' expertise. Ms. Cohen advised that Councilwoman Siskind will recuse herself as she serves on the Affordable Housing Advisory Committee (AHAC). Councilman McGovern commented that Councilwoman Siskind is the Council designee for the committee. Ms. Cohen advised that if Councilwoman Siskind is voting to select a member for the board, to which she is a member, she thinks that it is a conflict. It is her recommendation that Councilwoman Siskind recuse herself. Councilwoman Siskind recused herself, and stepped away from the dais. There were comments and discussion regarding Mr. Bowers' expertise. Mr. Stillings responded to comments made by Council. Councilwoman Siskind returned to the dais. H. 23-5928 CODE COMPLIANCE LIEN REDUCTION FOR 14082 WELLINGTON TRACE Mr. Barnes introduced the item. He stated that this was the Code Compliance Lien Reduction for 14082 Wellington Trace. Mr. Stillings explained the item. He noted that this requires Council action as the purchaser had requested to come before Council to request a lower amount. He noted that the 20% recommended settlement was offered for the lien. Councilman McGovern asked if the property was purchased with a lien. Mr. Stillings answered a question from Councilman McGovern. Councilman McGovern inquired if the property was knowingly purchased with the lien on the property. Mr. Stillings responded to Councilman McGovern's inquiry. Ms. Cohen said that the purchaser statement states that the purchaser is new and inexperienced at this. The purchaser did not know that there Village of Wellington Page 5 Village Council Workshop Action Summary - Final June 6, 2023 was an outstanding lien. Mayor Gerwig asked if this would have been in the closing documents. Ms. Cohen answered a question from Mayor Gerwig. There was discussion regarding the item being pulled from the Consent Agenda. Ms. Cohen advised that the Appoint Members to Fill Vacancies item would need to be pulled from the Consent Agenda as well. There was discussion regarding the lien, the purchase amount and notifying the purchaser to come before Council at the next meeting on June 13, 2023. I. 23-5935 RESOLUTION NO. AC2023-01 (EASEMENT AGREEMENT) A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ACME IMPROVEMENT DISTRICT APPROVING EASEMENT AGREEMENT BETWEEN ACME IMPROVEMENT DISTRICT AND FAR NIENTE STABLES I, LLC AND WELLINGTON CYPRESS GOLF, LLC TO GRANT A NON-EXCLUSIVE, PERPETUAL EASEMENT ON, AND OVER, THAT CERTAIN PORTION OF C-6 CANAL; PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. He stated that this was the Resolution No. AC2023-01 (Easement Agreement). He said that this is an Acme Improvement District Easement for access over the C-6 Canal. Mr. Reinsvold explained the item. He discussed and showed the Location Map for the Grant of Easement. Mayor Gerwig asked if there is a land bridge crossing the C-6 Canal. Mr. Reinsvold answered a question from Mayor Gerwig. Ms. Cohen advised that the easement only allows access over the canal. It does not allow any access to property that is not within Village control. Councilman McGovern asked Ms. Cohen to repeat what she said. Ms. Cohen said that the easement only allows access over the Village Canal. The Village is not able to authorize access to property not within its control. The Property Owner Associations (POA) would have to grant permission for access onto Hurlingham Drive. Village of Wellington Page 6 Village Council Workshop Action Summary - Final June 6, 2023 Councilman McGovern asked if the POA had agreed to allow access. Ms. Cohen answered a question from Councilman McGovern. There was discussion regarding the easement access. Mr. Barnes said that the easement is part of the permit application. He said that part of the property is controlled by Far Niente and the other part is controlled by Cypress Golf. Mayor Gerwig commented about the bridge crossing. Councilman McGovern inquired about the crossing location. Mr. Reinsvold answered a question from Councilman McGovern. Mr. Barnes noted that no work had been authorized on Hurlingham Drive. There was discussion regarding the work being done and access. J. 23-5856 A. APPROVAL OF AMENDMENT NO. 3 TO COMPREHENSIVE AGREEMENT FOR THE DESIGN, DEVELOPMENT, CONSTRUCTION AND OPERATION OF WELLINGTON COMMUNITY PARK B. APPROVAL OF RESOLUTION NO. R2023-29 AUTHORIZING THE WELLINGTON COMMUNITY PARK BOND ISSUANCE RESOLUTION NO. R2023-29 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF WELLINGTON, FLORIDA (THE “VILLAGE”); AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT REVENUE BONDS IN ONE OR MORE SERIES FOR THE PURPOSE OF FINANCING THE COSTS OF (A) ACQUIRING, CONSTRUCTING AND INSTALLING CAPITAL AND NON-CAPITAL PROJECTS FOR THE BENEFIT OF THE VILLAGE, AND (B) REFUNDING PRIOR OBLIGATIONS ISSUED BY OR ON BEHALF OF THE VILLAGE, AND ALL OTHER COSTS NECESSARY OR INCIDENTAL THERETO; PROVIDING FOR THE TERMS AND PAYMENT OF SUCH BONDS; PROVIDING FOR THE RIGHTS, SECURITY AND REMEDIES OF THE HOLDERS THEREOF; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE ISSUANCE AND NEGOTIATED SALE OF THE VILLAGE’S TAXABLE PUBLIC IMPROVEMENT REVENUE BONDS, SERIES 2023 (THE “SERIES 2023 BONDS”), IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $34,000,000 FOR THE PURPOSE OF Village of Wellington Page 7 Village Council Workshop Action Summary - Final June 6, 2023 FINANCING THE SERIES 2023 PROJECT; DESCRIBING THE SERIES 2023 PROJECT; DETERMINING CERTAIN DETAILS OF THE SERIES 2023 BONDS; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF THE SERIES 2023 BONDS; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE SERIES 2023 BONDS TO THE UNDERWRITERS AND SETTING THE PARAMETERS BY WHICH THE MAYOR OR VILLAGE MANAGER SHALL BE AUTHORIZED TO EXECUTE AND DELIVER THE BOND PURCHASE AGREEMENT; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF THE SERIES 2023 BONDS AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT; APPOINTING A PAYING AGENT AND REGISTRAR; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT; PROVIDING FOR THE VILLAGE’S FINANCIAL ADVISOR TO MAKE RECOMMENDATIONS REGARDING CERTAIN DETAILS OF THE BONDS, WHETHER TO FUND A SERIES 2023 RESERVE SUBACCOUNT AND WHETHER TO OBTAIN A BOND INSURANCE POLICY AND/OR RESERVE ACCOUNT CREDIT FACILITY FOR THE SERIES 2023 BONDS, AND AUTHORIZING THE VILLAGE TO FOLLOW SUCH RECOMMENDATIONS; AUTHORIZING THE SERIES 2023 BONDS TO BE REGISTERED UNDER A BOOK-ENTRY ONLY SYSTEM OF REGISTRATION AND TO EXECUTE A BLANKET LETER OF REPRESENTATION WITH DTC; AUTHORIZING THE PROPER OFFICIALS OF THE VILLAGE TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2023 BONDS; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mr. Barnes introduced the item. He stated that this was the A). Approval of Amendment No. 3 To Comprehensive Agreement for Design, Development, Construction and Operation of Wellington Community Park; B). Approval of Resolution No. R2023-09 Authorizing The Wellington Community Park Bond Issuance. He noted that members of Mr. Bostic's team are present via Zoom. Ms. Quickel explained the item. She noted that a copy of Amendment No. 3 was provided to Council. She mentioned the purpose for the amendment. Councilman McGovern asked why Wellington Athletics would not be an obligated person. Village of Wellington Page 8 Village Council Workshop Action Summary - Final June 6, 2023 Mr. Miller answered a question from Councilman McGovern. He explained what an obligated person is and what had to be included in the offering document. He said that staff and Bond Counsel did not think that it was appropriate for Wellington Athletics to be included in the offering document and explained why. Mayor Gerwig commented that the Village would not be getting the same bond rate. Mr. Miller responded to a comment made by Mayor Gerwig. Mayor Gerwig commented that this is what makes it a marketable bond. Ms. Quickel discussed the continuing disclosures and responsibilities of OFMB. Mayor Gerwig inquired if there will be a lease agreement. Ms. Cohen advised that the Village is not entering into a lease with Wellington Athletics, the Village is doing a license with them. Acme Improvement District is leasing the property to the Village, the Village is granting a license to Wellington Athletics for the purposes of the Comprehensive agreement. Mayor Gerwig commented on licensing. Mr. Miller discussed the not to exceed license fee. Ms. Cohen advised that this has been reviewed by the Counsel for Wellington Athletics as well as the entire Finance Team and all the parties are in agreement as to the forms presented before Council. Councilman McGovern asked if the series of questions and concerns from the last meeting have been addressed. Ms. Quickel answered a question from Councilman McGovern. Councilman McGovern inquired about the funding agreement. Ms. Cohen responded to Councilman McGovern's inquiry. There was discussion and comments regarding the funding agreement, the right of enforcement and payments. Ms. Quickel explained part B. Approval of Resolution No. R2023-29 Village of Wellington Page 9 Village Council Workshop Action Summary - Final June 6, 2023 Authorizing the Wellington Community Park Bond Issuance. Mr. Miller discussed the resolution, primary documents, Preliminary Official Statement that is used for to market the bond and the Disclosure Dissemination Agent Agreement. He noted that he will be at the meeting to answer any questions. Councilman McGovern asked if there was anything of concern in this transaction that had been inserted that was not already in process. Mr. Miller answered a question from Councilman McGovern. Mayor Gerwig asked about the enforcement. Mr. Miller answered a question from Mayor Gerwig. Mr. Barnes noted the previous provision that allowed Wellington Athletics the option to back away after the Bond issuance process. He said that this provision has been eliminated. Ms. Guerin commented on the terms of financing, the not to exceed licensing fee and the original intent. Councilman McGovern commented that the Village is trying to make this as safe and secure as possible. Mr. Miller responded to comments made by Council. Councilman McGovern commented on the series of concerns from the previous Bond Counsel. He said that he wants Mr. Miller to ensure that he does not have any concerns regarding the Bond at this moment. Mr. Miller responded to comments made by Councilman McGovern. There was discussion regarding the project, Mr. Bostic's partners and the risk. Ms. Quickel said that staff anticipates sending Council the finalized version prior to the meeting. 4. WORKSHOP None. 5. ATTORNEY'S COMMENTS Village of Wellington Page 10 Village Council Workshop Action Summary - Final June 6, 2023 Ms. Cohen advised that the lien release for the 130 violations case has been recorded and fully funded. The Village is waiting for Palm Beach Polo to file the initial brief in the appeal of the foreclosure judgment. Councilman McGovern did the Letter of Interest (LOI) go out. Mr. De La Vega said that the letter would go out tomorrow. He said that Council will receive a email with a copy of the letter. He noted that the Village will be in the cone of silence. If anyone reaches out to the Council regarding the LOI, they will need to be directed to Danielle Zembruzski in the Purchasing Department. Mayor Gerwig thanked Mr. De La Vega for the reminder. 6. MANAGER COMMENTS None. 7. COUNCIL COMMENTS Mayor Gerwig mentioned that Council will sit as the Selection Committee for the Audit. She asked Ms. Quickel if someone from the Office of Financial Management and Budget (OFMB) Team or Finance can sit with her to go through the documents. Ms. Quickel answered a question from Mayor Gerwig. Councilman McGovern asked when the Selection Committee meeting would be held. Ms. Quickel and Ms. Cohen advised that the meeting will be held at 5:00 p.m. on Tuesday, June 13, 2023. Ms. Cohen advised that she would not be attending the meeting, unless there is some reason, the Council wants her to be there. Council is sitting as the Selection Committee and this process is run by the Purchasing Department. Councilman McGovern commented on Ms. Cohen not attending. Ms. Cohen responded to Councilman McGovern's comment. Mayor Gerwig asked Mr. Barnes if he received information about the golf cart incident. Mr. Barnes answered a question from Mayor Gerwig. Village of Wellington Page 11 Village Council Workshop Action Summary - Final June 6, 2023 Mayor Gerwig commented about the changes to State Law regarding golf carts. She asked when will provisions be made to the Village Code. Ms. Cohen answered a question from Mayor Gerwig. Mayor Gerwig commented about having a provision in place. Councilman McGovern commented that this gives the Palm Beach County Sheriff's Office an enforcement mechanism. 8. ADJOURN There being no further business to discuss with Council, the meeting adjourned at 5:11 p.m. Village of Wellington Page 12