Council Meeting Agen.. - Wellington

REGULAR MEETING OF THE 

WELLINGTON VILLAGE COUNCIL 

Bob Margolis, Mayor 

Howard K. Coates, Jr., Vice Mayor 

Matt Willhite, Councilman 

Anne Gerwig, Councilwoman 

John Greene, Councilman 

Wellington City Hall 

12300 Forest Hill Boulevard 

Wellington, Florida 

TUESDAY, JUNE 26, 2012 

7:00 PM 

1. CALL TO ORDER 

2. PLEDGE OF ALLEGIANCE 

3. INVOCATION 

Rabbi Stephen Pinsky, Temple Beth Torah, Wellington 

4. APPROVAL OF AGENDA 

5. PRESENTATIONS AND PROCLAMATIONS 

A. PRESENTATION OF A CERTIFICATE OF COMPLETION TO COUNCILWOMAN GERWIG 

FOR COMPLETION OF THE 2011 ADVANCED INSTITUTE FOR ELECTED MUNICIPAL 

OFFICIALS TRAINING 

Presentation of a Certificate of Completion to Councilwoman Gerwig for completion of the 

2011 Advanced Institute for Elected Municipal Officials Training. 

B. PALM BEACH COUNTY SHERIFF'S OFFICE DISTRICT 8 SEMI-ANNUAL REPORT 

Captain Jay Hart will present the Palm Beach County Sheriff's Office District 8 Semi-Annual 

Report to Council.

Wellington Council Meeting June 26, 2012 Page 2 of 278 

6. CONSENT AGENDA 

A. AUTHORIZATION TO UTILIZE A PALM BEACH COUNTY SCHOOL DISTRICT 

CONTRACT FOR THE PURCHASE AND DELIVERY OF IRRIGATION SUPPLIES 

Authorization to utilize a Palm Beach County School District contract as a basis for pricing 

for the purchase and delivery of irrigation supplies. 

B. RESOLUTION NO. R2012-39 (VILLAGE GREEN CENTER PLAT) 

A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ACCEPTING AND 

APPROVING THE VILLAGE GREEN CENTER PLAT FOR A 15.899 ACRE PARCEL 

LYING IN SECTION 13, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF 

WELLINGTON, PALM BEACH COUNTY, FLORIDA, BEING A REPLAT OF TRACTS “C- 

1” AND “C-2”, LANIER PROPERTY, AS RECORDED IN PLAT BOOK 108, PAGES 75 – 

91, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 

Approval of Resolution R2012-39 accepting and approving the Village Green Center Plat. 

C. MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF APRIL 24, 2012 

Approval of the Regular Wellington Council Meeting of April 24, 2012. 

7. PUBLIC HEARINGS 

A. RESOLUTION NO. R2012-11 (PALOMINO EXECUTIVE PARK MASTER PLAN 

AMENDMENT) 

A RESOLUTION OF THE COUNCIL OF WELLINGTON, FLORIDA APPROVING THE 

MASTER PLAN AMENDMENT FOR PETITION NUMBER 2011- 40 MPA 2, ALSO KNOWN 

AS PALOMINO EXECUTIVE PARK, A PARCEL OF LAND, TOTALING 12.15 ACRES, 

MORE OR LESS, LOCATED APPROXIMATELY ONE MILE NORTH OF LAKE WORTH 

ROAD ON THE WEST SIDE OF STATE ROAD 7, AS MORE SPECIFICALLY DESCRIBED 

HEREIN, TO ALLOW 112,400 SQUARE FEET OF PROFESSIONAL / MEDICAL OFFICE 

WITH A MAXIMUM 112,400 SQUARE FEET OF MEDICAL OFFICE; PROVIDING A 

CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN 

EFFECTIVE DATE. 

Approval of Resolution No. R2012-11 Master Plan Amendment (2011-40 MPA 2) to change 

the approved uses from 110,000 square feet of professional/medical office to a maximum 

112,400 square feet of professional/medical office. 

B. ORDINANCE NO. 2012-12 (WELLINGTON'S BEST MANAGEMENT PRACTICES (BMP) 

PHASE III) 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING ARTICLE V, 

“STORMWATER QUALITY MANAGEMENT”, OF CHAPTER 30 “ENVIRONMENT” OF 

WELLINGTON’S CODE OF ORDINANCE, TO PROVIDE ENHANCED STANDARDS FOR 

BEST MANAGEMENT PRACTICES FOR LIVESTOCK WASTE; PROVIDING 

DEFINITIONS, ENHANCING THE BEST MANAGEMENT PRACTICES PROGRAM FOR


APPLICATION AND STORAGE OF FERTILIZER; PROVIDING FOR ENFORCEMENT; 

AND PROVIDING AN EFFECTIVE DATE. 

Adoption following second reading of Ordinance No. 2012-12 amending Wellington's Best 

Management Practices (BMP's) for Livestock Waste and Fertilizer Management. 

C. ORDINANCE NO. 2012-014 (LOCAL BUSINESS TAX RECEIPT AMENDMENT) 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING ARTICLE III 

“LOCAL BUSINESS TAX RECEIPT”; REPEALING AND REPLACING THE 

OCCUPATIONAL LICENSE CLASSIFICATION AND RATE SCHEDULE EXEMPTING 

PROFESSIONALS AND BROKERS, AND PROFESSIONALS EMPLOYED BY A LOCAL 

BUSINESS, AS DEFINED, FROM THE LOCAL BUSINESS TAX RECEIPT 

REQUIREMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; 

PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING AN EFFECTIVE DATE; 

AND FOR OTHER PURPOSES. 

Consideration and approval on first reading of Ordinance No. 2012-014 Local Business Tax 

Receipt Amendment. 

D. ORDINANCE NO. 2012-016 (CIVIL AVIATION OPERATIONS) 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL PERTAINING TO THE CODE 

OF ORDINANCES ADOPTING CHAPTER 63 “CIVIL AVIATION” TO REGULATE THE 

CIVIL AVIATION OPERATIONS AND USES AT AIRPARKS AND AIRFIELDS WITHIN 

THE VILLAGE OF WELLINGTON; PROVIDING FOR APPLICABILITY AND CONFLICTS; 

PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR 

ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE. 

Staff is requesting the First Reading of Ordinance No. 2012-016 Civil Aviation Operations 

be postponed until the August 28, 2012 Council meeting. This Ordinance was already 

advertised for the June 26, 2012 Council meeting, therefore, a motion is required to 

postpone the item until the August 28, 2012 meeting. 

8. REGULAR AGENDA 

A. ORDINANCE NO. 2012-015 (MEDIAN SOLICITATION) 

AN ORDINANCE OF WELLINGTON, FLORIDA'S COUNCIL AMENDING CHAPTER 54 

"STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" BY ADOPTING ARTICLE V 

"MEDIANS" SECTION 54-100 "STOPPING AND STANDING ON MEDIANS" 

REGULATING STANDING AND STOPPING ON MEDIANS; CREATING EXCEPTIONS; 

AND PROVIDING FOR PENALTIES; PROVIDING FOR THE REPEAL OF ORDINANCES 

IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND INTERPRETATION; 

PROVIDING FOR AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. 

Consideration and approval following first reading of Ordinance 2012-015 with direction to 

schedule second reading and public hearing for July 10, 2012.


B. AGREEMENT FOR LEGAL SERVICES WITH TEW CARDENAS LLP FOR THE REVIEW 

OF STATUS OF DEVELOPMENT APPLICATIONS AND TO ADVISE COUNCIL WITH 

RESPECT TO AVAILABLE OPTIONS RELATIVE TO PROJECTS 

Authority to execute a retainer agreement with Tew Cardenas LLP for representation related 

to Equestrian Village, Wellington Country Place PUD and development issues and 

authorization of initial funding in the amount of $250,000.00. 

9. PUBLIC FORUM 

10. ATTORNEY’S REPORT 

11. MANAGER’S REPORT & UPDATES 

12. COUNCIL REPORTS 

13. ADJOURNMENT 

NOTICE 

If a person decides to appeal any decision made by the Village Council with respect to any matter considered at this meeting, you will need 

a record of the proceedings, and you may need to ensure that a verbatim record of the proceedings is made, which record includes the 

testimony and evidence upon which the appeal is to be based. (The above notice is required by State Law. Anyone desiring a verbatim 

transcript shall have the responsibility, at his own cost, to arrange for the transcript). 

Pursuant to the provision of the Americans With Disabilities Act: any person requiring special accommodations to participate in these 

meetings, because of a disability or physical impairment, should contact the Village Manager’s Office (561) 791-4000 at least five calendar 

days prior to the Hearing.


5. A 


AGENDA ITEM SUMMARY 

AGENDA ITEM NAME: PRESENTATION OF A CERTIFICATE OF COMPLETION TO 

COUNCILWOMAN GERWIG FOR COMPLETION OF THE 2011 ADVANCED INSTITUTE FOR 

ELECTED MUNICIPAL OFFICIALS TRAINING 

ACTION REQUESTED: Discussion Approval 

BUDGET AMENDMENT 

REQUIRED: Yes No See Below 

PUBLIC HEARING: Yes No QUASI-JUDICIAL 

FIRST READING 

SECOND READING 

REQUEST: Presentation of a Certificate of Completion to Councilwoman Gerwig for completion of 

the 2011 Advanced Institute for Elected Municipal Officials Training. 

EXPLANATION: Created in 1993, The Florida League of Cities Advanced Institute for Elected 

Municipal Officials is a continuation of the Institute for Elected Municipal Officials (IEMO). The 

Advanced program is reserved for participants and graduates of the IEMO or those elected officials 

who have completed one or more terms in office. 

Councilwoman Gerwig attended this training on April 27 th and 28 th in Lake Mary, Florida and is being 

awarded with a Certificate of Completion. 

LEGAL SUFFICIENCY: Yes 

FISCAL IMPACT: N/A 

VILLAGE GOAL: Protecting our Investment 

RECOMMENDATION: Presentation of a Certificate of Completion to Councilwoman Gerwig for 

completion of the 2011 Advanced Institute for Elected Municipal Officials Training.

Wellington Council Meeting June 26, 2012 Page 6 of 278




5. B 



AGENDA ITEM NAME: PALM BEACH COUNTY SHERIFF'S OFFICE DISTRICT 8 SEMI-ANNUAL 

REPORT 





FIRST READING 


REQUEST: Captain Jay Hart will present the Palm Beach County Sheriff's Office District 8 Semi- 

Annual Report to Council. 

EXPLANATION: In accordance with Wellington’s Law Enforcement Services Contract with the 

Palm Beach County Sheriff’s Office, Captain Jay Hart will be presenting the District 8 Wellington 

Semi-Annual Report (attached) to Council. 

This report is linked to the Law Enforcement Services Plan and is performance based. The report 

will allow Council and Wellington residents to review performance goals, accomplishments to date, 

crime rates and trends, clearance rates, community policing efforts, traffic and calls for service for 

the period of October 2011 through March 2012. 



VILLAGE GOAL: Protecting our Investment 

RECOMMENDATION: Captain Jay Hart will present the Palm Beach County Sheriff's Office District 

8 Semi-Annual Report to Council.


‣DISTRICT 8 WELLINGTON 

‣FY 12 Semi-Annual Report



FY 12 

Accomplishments 

October 1, 2011 – March 31, 2012 

‣ Juvenile Arrest & Monitoring 

‣ Crime Prevention – Property Crime 

‣ Public Preservation 

‣ Traffic Safety



Crime Prevention 

Juvenile Arrest & Monitoring 

Performance Goal: Ensure that juveniles on probation 

residing in Wellington comply with 

conditions of probation 

Result: 

Twenty (20) juvenile VOP arrests made; 

Overall, juvenile arrests declined 14% FY 12 

vs FY 11



Juvenile 

Arrest & Monitoring 

Juvenile Courts encourage rehabilitation 

Common Conditions include: 

Curfew 

Mandatory School Attendance 

Obey Parents 

Remain drug free 

If successful, charges possibly dismissed 

When violations are detected, the youth is arrested 

and returned to the court to receive a more severe sanction.



Crime Prevention 

Property Crime 

Performance Goal: Have less than 1,000 property crimes 

reported in FY 12. 

Result: 

(404) Property crimes have been reported 

from 10/1/11 – 3/31/12. 

‣ (33) Burglary arrests were made in FY 12 

‣ (8) Vandalisms arrests were made in FY 12 

‣ Vehicle burglary is 24% below average 

‣ 13% Decline in Vandalism vs. FY 11 

‣ Overall Property Crime is 17% below average



Property Crime Trends 

Wellington Property Crime Trends 

# of Incidents 

280 

240 

200 

160 

120 

80 

40 

0 

FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 

Res. Burg. 116 131 198 162 92 139 

Veh. Burg. 257 142 222 191 140 139 

Vandalism 215 162 141 126 126 109 

1st Six Months of Fiscal Year



Public Preservation 

Performance Goal: Reduce criminal mischief burglary, and 

trespassing at Wellington Parks 

Anticipated Results: Criminal mischief, burglaries, and 

trespasses at Village parks will be 

prevented 

‣ (12) Burglaries in Village Parks 10/1/11 – 3/31/12 

‣ (5) Vandalism cases in Village Parks 10/1/11 – 3/31/12 

‣ (9) Trespass arrests in Village Parks 10/1/11 – 3/31/12 

‣ (444) Business/Residence Checks per month in Village 

Parks



Traffic Issues 

Performance Goal: Achieve a crash rate of 2.2 or less 

crashes per 100 Village Residents 

Result: The crash rate is 2.5 

crashes per 100 residents 

‣ Issued 2,873 traffic citations 

‣ Conducted 3,806 Traffic Stops



Traffic Issues 

Wellington Traffic Crashes 

Wellington Traffic Stops & Citations 

900 

8000 

# of Crashes 

600 

300 

729 710 

644 

677 

709 730 

6000 

4000 

2000 

0 

FY 09 FY 10 FY 11 FY 12 

0 

FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 

Traffic Stops 3858 4647 4255 3806 

Tickets 4104 5147 3381 2873 

1st Six Months of Fiscal Year 

1st Six Months of Fiscal Year 

‣ District 8 averages (700) crashes during the 1 st six months of the fiscal year. 

The number of crashes in FY 12 is slightly above average.



Calls for Service 

Crime vs. Non-Crime CFS 

FY 12 Oct. - March 

Crime 

6% 

Non-Crime 

94%




By Location



Wellington 

Case Numbers by Type 

FY 12 Wellington Case #'s by Type 

Drug 

3% 

Violent 

1% 

Property 

20% 

Non - Crime 

55% 

Domestic 

12% 

Other Crime 

9%



Wellington Arrests 

FY 12 Arrests 

Felony vs. Misdemeanor 

15% 

85% 

Felony 

Misdemeanor 

‣ 649 Arrests made 

‣ The most common arrest is for 

retail theft (shoplifting)



Wellington Arrests by Type 

FY 12 Arrests by Type 

Sex Offense, 1 

Robbery , 1 

Warrants, 87 

Burglary , 33 

Stolen Vehicle,6 

Assault & Battery, 

12 

Homicide, 0 

Drug , 104 

Retail Theft, 154 

Domestic Battery 

, 62 

DUI , 37 

Other , 77 

Arson , 0



Wellington Calls for Service 

& Case # Comparison 

Wellington Calls for Service Trend 

**Self Generated Calls Excluded** 

WellingtonCase#Trends 

10500 


60000 

45000 

55654 

55259 55076 55010 55560 56508 56508 

34503 35163 33453 

34672 34478 34044 34072 

#ofCases 

10000 

9500 

9000 

9867 

9684 

9015 

9094 

9372 

9025 

30000 

FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13* 

8500 

FY08 FY09 FY10 FY11 FY12 FY13 

Fiscal Year 


Population 

*FY 13basedonstatisticalprojections* 

Case#'s 

*FY 12andFY13projectedbasedonstatisticalanalyis* 

analysis* 

** Wellington averages 34,572 Calls for Service per year 

** Wellington averages 9,624Case #’s per year 

(FY 07 – FY 11, 5 yr avg. of actual data).



City Comparison 

2011 Crime Rate Comparison 

2011 Clearance Rate Comparison 

Crime Rate 

2.3 2.7 

Jupiter 


3.6 4.0 

PBG 

Cities 

PB County 

5.4 

Boynton Beach 

6.2 

Delray Bch 

Clearance Rate 

40 

30 

20 

10 

0 

32 


28.4 

PBG 

23.2 22.6 

Jupiter 

Cities 

Boynton 

Beach 

20.2 

PB County 

15.2 

Del Bch 

‣ Wellington has the highest clearance rate of cities in Palm 

Beach County with a population greater than 40,000 

‣ Wellington has one of the lowest crime rates in Palm Beach 

County.




250 

200 

202 

2011RobberyComparison 

1600 

1200 

1366 

2011BurglaryComparision 

150 

100 

123 

800 

709 

592 

537 511 

50 

51 

32 

23 

400 

0 

Delray Beach 

Boynton 

Beach 

Jupiter 

Palm Beach 

Gardens 


0 

Boynton 

Beach 

Delray Beach Palm Beach 

Gardens 

Jupiter 


‣ Wellington had less burglaries and less robberies than similar 

cities in Palm Beach County




Sworn Positions per 1,000 Residents 

City Population 

Officers per 1,000 res. 

3.00 

2.00 

1.00 

0.00 

1.07 

2.00 

2.39 2.41 2.50 

# of Residents 

90000 

60000 

30000 

0 

48452 

55156 56508 60831 

68217 

City 

City




LE as % of Budget 

60% 

40% 

20% 

0% 

-20% 

LE Services as a % of City Budget 

10% 15% 23% 26% 28% 

Dollars in Thousands 

$30,000 

$20,000 

$10,000 

$0 

Dollar Amount for LE Services 

21969 22729 

17976 

7578 

26937 

City 

City 

Wellington pays less for law enforcement 

services than similarly situated cities!



Where are we now? 

‣ Crime Rate: 2.7 

‣ Crash Rate: 2.5 

‣ Clearance Rate: 32.0 

‣ Citizen Satisfaction: 

‣ Response Times: 

4.88 (5.0 Scale) 

4.8 minutes per high 

priority call



Future Plans 

‣ Property Crimes 

‣ Traffic Safety 

‣ Robbery Reduction



Questions


6. A 



AGENDA ITEM NAME: AUTHORIZATION TO UTILIZE A PALM BEACH COUNTY SCHOOL 

DISTRICT CONTRACT FOR THE PURCHASE AND DELIVERY OF IRRIGATION SUPPLIES 





FIRST READING 


REQUEST: Authorization to utilize a Palm Beach County School District contract as a basis for 

pricing for the purchase and delivery of irrigation supplies. 

EXPLANATION: The Public Works Department currently utilizes a Southeast Florida Co-Op 

contract for purchase and delivery of irrigation materials and supplies which expires on July 1, 2012. 

In an effort to achieve the best pricing, staff contacted Palm Beach County, Martin County and the 

Palm Beach County School District. The Palm Beach County contract has a limited number of 

manufacturer items and the Martin County contract is limited in expenditure amounts and therefore 

neither contract adequately provides for the needs of the department. 

The Palm Beach County School District contract #11C-63K was awarded to multiple vendors and 

provides percentage discounts of up to 80% off the manufacturer’s list prices, thus providing better 

pricing than the Southeast Florida Co-Op. The initial term of the contract is for two (2) years 

through July 9, 2013 with a provision for three (3) additional one (1) year renewals. Staff is 

requesting authorization to utilize the Palm Beach County School District contract. Each of the 

vendors listed below were awarded specific items and the department will continue to evaluate each 

vendor’s pricing to ensure the best price available for the items required. 

Contract Description Awardees Local Vendor Status 

Ferguson Enterprises 

Not Local 

Irrigation HD Supply Waterworks, Ltd. Not Local 

Supplies John Deere Landscapes Not Local 

Professional Supply 

Palm Beach County 

LEGAL SUFFICIENCY: Yes


FISCAL IMPACT: Funds have been allocated in the FY 2012 Public Works Operating Budget to 

cover these expenditures. A total of $80,500 was spent in FY 2011. 

VILLAGE GOAL: Responsive Government 

RECOMMENDATION: Authorization to utilize a Palm Beach County School District contract as a 

basis for pricing for the purchase and delivery of irrigation supplies.













School District of Palm Beach County Fl 


Bid 11C-63K 

School District of Palm Beach County FL 

Solicitation No. 11C-63K 

Term Contract Irrigation Equipment & Supplies 

RESPONSES ARE DUE PRIOR TO: 

May 9, 2011 2:00:00 PM EDT 

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: 

www.bidsync.com 

May 9, 2011 2:33:16 PM EDT p. 1



Bid 11C-63K 

Bid 11C-63K 


Bid Number 

Bid Title 

11C-63K 


Bid Start Date 

Bid End Date 

Question & Answer 

End Date 

Apr 13, 2011 4:28:58 PM EDT 

May 9, 2011 2:00:00 PM EDT 

Apr 29, 2011 5:00:00 PM EDT 

Bid Contact 

Jan Butts 

Purchasing Agent 

Purchasing 

561-434-8306 

janet.butts@palmbeach.k12.fl.us 

Contract Duration 

Contract Renewal 

Prices Good for 

2 years 

3 annual renewals 

See Term of Contract 

Standard Disclaimer 

Bid Comments 

All responses must be submitted electronically on www.Bidsync.com by registering 

with Bidsync 

THIS IS A NO FEE INVITATION TO BID 

***PREPARATION AND SUBMISSION: Do not embed documents or links within your 

response. The upload process to BidSync converts your document into PDF format 

rendering all embedded links useless. If you require assistance with document 

upload, please contact BidSync at 1-800-990-9339 ext. 1. *** 

Added on Apr 28, 2011: 

ADDENDUM 1: 

This addendum modifies this Invitation to Bid as follows: 

Add Document: 

11C-63K Bid Summary Document-REVISED 4.27.11 

Delete Document: 

11C-63K Bid Summary Document 

. 

Changes made on Apr 28, 2011 12:13:59 PM EDT 

New Documents 

11C-63K Bid Summary Document-REVISED 4.27.11.xls 

11C-63K Addendum 1.pdf 

Removed Documents 

11C-63K Bid Summary Document.xls 

Item Response Form 

Item 

11C-63K--01-01 - .: SUNMIT PRICING ON 11C-63K BID SUMMARY DOCUMENT 

May 9, 2011 2:33:16 PM EDT p. 2



Bid 11C-63K 

Quantity 

1 each 

Prices are not requested for this item. 

Delivery Location School District of Palm Beach County Fl 

SDPBC - Maintenance & Plant Operations 

3300 Summit Blvd 

West Palm Beach FL 33406 

Qty 1 

Description 

. 

May 9, 2011 2:33:16 PM EDT p. 3



Bid 11C-63K 

Vendor Name: 

Vendor Mailing Address: 

THE SCHOOL DISTRICT OF PALM BEACH COUNTY 

PURCHASING DEPARTMENT 

3300 Forest Hill Boulevard, Suite A-323 

West Palm Beach, FL 33406-5813 

INVITATION TO BID 

Bidder Acknowledgement 

Area Code / Telephone Number: 

Toll-Free Telephone Number: 

Fax Number: 

Vendor E-Mail Address: 

Vendor Web Address: 

FEID No. or SS #: 

Delivery 

calendar days after receipt of order: 

ANTI-COLLUSION 

By electronically submitting your bid, the bidder certifies that they have not divulged, 

discussed or compared their bid with other bidders and have not colluded with any other 

bidder or parties to a bid whatever. No premiums, rebates or gratuities permitted either 

with, prior to, or after any delivery of material. Any such violation will result in the 

cancellation and/or return of materials (as applicable) and the removal from the bid lists 

for the School District of Palm Beach County, Florida and I hereby certify that I have read 

and understand the requirements of this Invitation to Bid and that I am duly authorized to 

execute this offer document and any contract(s) and/or other transaction by award of 

this bid. 

Name of Company Representative Submitting Bid : 

Title of Company Representative Submitting Bid: 

Date: 

May 9, 2011 2:33:16 PM EDT 

p.



Bid 11C-63K 

May 9, 2011 2:33:16 PM EDT 

p.



Bid 11C-63K 

11C-63K - SPECIAL CONDITIONS 

. SCOPE: The purpose and intent of this nitation to Bid is to secure prices and estalish a 

Term Contract for the Purchase of Irrigation Equipment and Supplies, as specified 

herein. 

B. DELIVERY: Prices id shall e FB destination to School District of Palm Beach County, 

Facilities Serices, 3300 Summit Bouleard, est Palm Beach, Florida 3306 and to arious 

School District locations throuhout Palm Beach County as stated on purchase order. ll 

delieries made to schools and departments shall reuire inside delivery unless otherise 

specified. ormal stocitems shall e deliered ithin to 2usiness days after receipt of 

purchase ordernotification. ll non-stocitems must e deliered ithin seen usiness 

days. 

C. AWARD: Contract ill e aarded to the loest id for each item ith a unit price from a 

responsie, responsile idder unless a State of Florida or District certified Minority omen 

Business Enterprise M BEid price does not eceed the loest idders price y an 

amount reater than 0,000 or , hicheer is less. n instances here the certified 

M BEs price difference is reater than 0,000 or , the loest responsie, responsile 

idder ill e aarded the contract and the oals shall e deemed aied. 

tems in roups as mared, ill e aarded y roup. roup is defined as an item ith 

seeral parts laeled , B, C ith a total for the roup.Therefore, it is necessary for a idder 

to id on eery item in the particular roup for hich the idder sumits a id in order to hae 

a id considered. t is also reuired that the idders carefully consider each item, and mae 

sure that each one meets the specifications as indicated. n the eent that one item does not 

meet such specifications the entire roup id ill e disualified. 

For items reuestin a Sinle Fied Percentae Discount off Catalo or Manufacturers 

Price ist, idder shall proide percentae discount indicated in all spaces proided on Bid 

Summary Document and discount shall e uaranteed for the term of this contract. The 

District ill accept a discount of 0 . These items ill e aarded to the responsie, 

responsile idder offerin the hihest percentae discount. 

The Purchasin Department or their desinee reseres the riht to use the net loest 

idders, or for Percentae Discount tems the idder offerin the net hihest percentae 

discount, in the eent the oriinal aardee of the id cannot fulfill their contract, suect to the 

terms and conditions of M BE aards as proided herein. Pricin and percentae 

discounts must remain the same as oriinally id and must remain firm for the duration of the 

contract. 

The reuirements to ualify for the M BE are to e certified either y the State of Florida or 

the School District of Palm Beach County. The District does not reconie any other 

certifications. f you hae raduated from the certification of the District it neates State 

Certification. raduation as descried in Board Policy 6.13from the District M BE 

Certification Proram shall oid certification y the State of Florida, if a endor has eceeded 

2 million annually in sales to the School District for the preious three year period. 

For District certification o to http: .palmeachschools.orM BE esite and complete 

the M BE certification application. 

May 9, 2011 2:33:16 PM EDT p. 6



Bid 11C-63K 

D. TERM OF CONTRACT: The term of this contract shall e for to years from the date of 

aard, and may e reneale for three additional one-year periods y mutual areement 

eteen the School District and the aardee. f considerin reneal, the District, throuh 

the Purchasin Department, ill reuest a letter of intent to rene from the aardee prior to 

the end of the current contract period. The contract ill e etended 90 days eyond the 

contract epiration date, if needed. The aardee arees to this condition y sinin their 

id. The aardee ill e notified y the Purchasin Department hen the recommendation 

has een acted upon. ll prices shall e firm for the term of this contract. 

E. PLACING AN OFFER: ll offers must e sumitted electronically to BidSync.com. Per 

the District reuest, BidSync ill not allo offers to e sumitted after the closin date and 

time. ard copy ids ill not e accepted. 

Please note that offers cannot e sumitted until all attachments hae een opened y the 

idder some reuirin completionon .idsync.com. llo plenty of time to complete 

your offer. 

f necessary, an addendum ill e distriuted y BidSync to all ho are non y the 

Purchasin Department to hae receied a complete set of proposal documents. 

F. BID QUESTIONS: ll uestions related to this id must e sumitted throuh BidSync 

and must e receied no later than April 29, 2011, at 5:00PM EST. 

. POSTING OF BID RECOMMENDATION / TABULATIONS: Bid recommendations and 

taulations ill e posted electronically ith BidSync and at the Fulton olland Educational 

Serices Center Purchasin Department for reie y interested parties, at 3300 Forest 

ill Bouleard, Third Floor, - in Suite -323 est Palm Beach, F, on May 23, 2011, at 

3:00 p.m., EST, and ill remain posted for a period of 2 hours. f the id taulation ith 

recommended aards is not posted y said date and time, otice of Delay of Postin 

ill e posted to inform all idders of the ne postin date and time. 

ny person adersely affected y the decision or intended decision, as defined in School 

Board Policy 6.1 a, must file a notice of protest, in ritin, ithin 2 hours after the 

postin of the notice of decision or intended decision. Saturdays, Sundays and State 

olidays shall e ecluded in the computation of the 2-hour time period. The formal 

ritten protest must e filed ithin 10 days after the date the notice of protest is filed. The 

formal ritten protest shall state ith particularity the facts and la upon hich the protest 

is ased. Failure to file a notice of protest or to file a formal ritten protest ithin the time 

prescried in section 120. 3, Florida Statutes, shall constitute a aier of proceedins 

under chapter 120, Florida Statutes. 

. M/WBE GOAL: The oal Settin Committee has not estalished a id preference for 

participationutiliation of Minority omens Business Enterprises. 

The Board stronly encouraes the use of Minority oman oned usiness enterprises for 

participation as partners, oint-enturers, prime contractor, su-contractors, and in contractin 

opportunities. nuiries reardin listins of District and State Certified Minority, omen and 

Disadantaed Contractors can e made to the Palm Beach County School Districts ffice 

of Diersity in Business Practices, 3300 Forest ill Bouleard, Suite -106, est Palm 

Beach, F 3306, or phone 613-0. 

May 9, 2011 2:33:16 PM EDT 

p.



Bid 11C-63K 

. QUANTITIES: uantities set forth in this nitation to Bid are estimates ased on anticipated 

usae. They are suect to chane increasedecreasein order to meet the needs of the 

School District of Palm Beach County. The idder arees that the pricesoffered shall e 

maintained irrespectie of the uality actually purchased. 

. BALANCE OF LINE: The alance of lineshall include products that are not reuested in 

this nitation to Bid, ut are ithin the scope of products aailale from the aardee. The 

School District reseres the riht to add these products to the aarded items. dditions shall 

e sumitted as they occur. Deletions and discontinued items shall e reported y id 

aarded endors as they occur. 

K. DISCONTINUED PRODUCTS: f, durin the contract period, products are discontinued, 

the successful idder of such items ill send the School District Purchasin Department 

ritten notification of those items alon ith the replacement product information and 

pricin. reasonale price must e sumitted for the replacement product. n the eent 

that a replacement items price is determined to e unreasonaly hih, the reuested item 

may not e considered for addition to the contract. 

. CATALOG: For those items reuestin a catalo and or manufacturers price list discount, 

idders shall furnish with this bid as an electronic attachment, or within three days upon 

request, one copy of their current catalo ith prices or a price list if no catalo is aailale. 

Paper hard copy catalos or electronic copy of either catalo or manufacturer price list may 

e sumitted ia SPS, courier serices or hand deliered to the School District of Palm 

Beach County, Purchasin Department, 3300 Forest ill Bouleard, est Palm Beach, F 

3306-13, ttn: an Butts, Purchasin ent. 

pon aard of id, successful idders ill e adised in ritin of the addresses and 

numer of catalos to e supplied to the arious schools and departments. ll successful 

idders must deliver this same current catalo to the arious Palm Beach County schools 

and departments upon reuest at no cost to the School District. 

Internet-based or CD-ROM catalogs and price lists are encouraged in lieu of hard 

copies. 

FAILURE TO FURNISH CATALOGS/PRICE LISTS AS REQUIRED MAY RESULT IN 

DISQUALIFICATION OF BID SUBMITTED. 

FOR CATALOG DISCOUNT ITEMS, ALL INVOICES SUBMITTED MUST INCLUDE 

CATALOG LIST PRICE OR PRICE FROM MANUFACTURER’S PRICE LIST, THE 

PERCENTAGE DISCOUNT SUBMITTED WITH THIS BID AND THE EXTENDED TOTAL 

FOR EACH ITEM (CATALOG LIST PRICE OR PRICE FROM MANUFACTURER’S PRICE 

LIST MINUS THE DISCOUNT). 

M. EQUIVALENTS/ACCEPTABLE EQUALS: ther than specified items offered may reuire 

complete descriptie technical literature mared to indicate detailed conformance ith 

specifications. Bidders must e ale to proide this literature alon ith a sample of item id 

ithin three days of telephone reuest or id shall e disualified. 

. FAILURE TO DELIVER: Failure to delier as specified and at id price ill authorie the 

School District to purchase these items on the open maret. n all such purchases, the 

May 9, 2011 2:33:16 PM EDT 

p.



Bid 11C-63K 

endor failin to meet the id reuirements ill e chared the additional cost. Further, the 

Purchasin Department may recommend to the School Board that the endor failin to 

delier as specified e remoed as a future idder on all ids for a period of up to three 

years. 

. WARRANTY: The successful idder shall uarantee their product to e free of defects and 

ormanship for a period of one year from date material is receied and accepted y the 

School District. ny defectie material noted durin the arranty period shall e replaced y 

the successful idder at no additional cost to the School District. 

P. AREA REPRESENTATIVE: Bidder should indicate on the attached rea epresentatie 

Document the name, address, phone numer and email address, if aailale, of the endor 

representaties ho ill mae periodic scheduled isits to the schools and departments and 

ill e aailale, upon reuest, to resole illin and deliery prolems. 

. VARIANCES: State any ariances to the id specifications on the attached ariance 

Document. f none are indicated, hoeer sliht, it ill e assumed materials andor 

serices id are identical to those specified. efer to the ariance Document. 

. INSURANCE REQUIREMENTS: Proof of the folloin insurance ill e furnished y the 

aarded idders to the School District of Palm Beach County y Certificate of nsurance. 

riinal copies of Certificates of nsurance meetin the specific reuired proision specified 

ithin this contractareement shall e forarded to the School District of Palm Beach 

Countys Purchasin Department, TT: an Butts, Purchasin ent, and approed prior to 

the start of any oror the possession of any school property. eneal certificates must e 

forarded to the same department prior to the policy reneal date. 

Thirty days ritten notice must e proided to the School District of Palm Beach County ia 

certified mail in the eent of cancellation. The notice must e sent to the Purchasin 

Department. 

The aarded idders shall proide complete copies of any insurance policy for reuired 

coerae ithin seen days of the date of reuest y the Purchasin Department ut in any 

respect at least 30 days prior to the commencement of any term. For all contracts ith an 

amount of 00,000 or more the actual SCE PC must e included ith the 

Certificate of nsurance. 

1. WORKERS' COMPENSATION: Bidders must comply ith FSS 0, orers 

Compensation and Employeesiaility nsurance ith minimum statutory limits. 

2. COMMERCIAL GENERAL LIABILITY: arded idders shall procure and maintain, 

for the life of this contractareement, Commercial eneral iaility nsurance. This 

policy shall proide coerae for death, odily inury, personal inury, products and 

completed operations liaility and property damae that could arise directly or 

indirectly from the performance of this areement. t must e an occurrence form 

policy. THE SCHOOL DISTRICT OF PALM BEACH COUNTY SHALL BE NAMED 

AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL 

GENERAL LIABILITY INSURANCE. 

May 9, 2011 2:33:16 PM EDT p. 9



Bid 11C-63K 

The minimum limits of coerae shall e 1,000,000 per occurrence, Comined, 

Sinle imit for Bodily nury iaility and Property Damae iaility. 

3. BUSINESS AUTOMOBILE LIABILITY: arded idders shall procure and maintain, 

for the life of the contractareement, Business utomoile iaility nsurance. THE 

SCHOOL DISTRICT OF PALM BEACH COUNTY SHALL BE NAMED AS AN 

ADDITIONAL INSURED ON THE CERTIFICATE FOR BUSINESS AUTOMOBILE 

LIABILITY INSURANCE. 

The minimum limits of coerae shall e 1,000,000 per occurrence, Comined Sinle 

imit for Bodily nury iaility and Property Damae iaility. This coerae shall e 

an ny utoform policy. The insurance must e an occurrence form policy. 

n the eent the contractor does not on any ehicles, e ill accept hired and nononed 

coerae in the amounts listed aoe. n addition, e ill reuire an affidait 

sined y the contractor indicatin the folloin: 

Company amedoes not on any ehicles. n the eent 

e acuire any ehicles throuhout the term of this contractareement, 

Company amearees to purchase ny utocoerae as of 

the date of acuisition. 

S. INFORMATION: ny uestions y the prospectie idders concernin this nitation to Bid 

should e sumitted on BidSync at .BidSync.com. an Butts, Purchasin ent, is 

authoried only to direct prospectie idders to arious portions of the id so they may 

read and interpret such for themseles. either Jan Butts, nor any employee of the 

District is authoried to interpret any portion of the id or ie information as to the 

reuirements of the id in addition to that contained in the ritten id document. 

nterpretations of the id or additional information as to its reuirements, here necessary, 

ill e communicated to idders y an electronic addendum. 

T. PAYMENT / PAYMENT TERMS: Payment ill e made after the oodsserices from the 

aarded endor hae een receiedcompletedinspected and found to comply ith aard 

specifications, free of damae or defectand a properly illed inoice is receied and 

processed in the ccountin Serices Department. copy of the oriinal inoice is to e 

proided to the District official ho has reuested the supplies. 

The Districts payment terms are net 30 dayshoeer, the District ill accept terms for 

early payment. See Early Payment Terms Document. 

Payment will not be processed until the following occurs: 

1. The complete and satisfactory receipt of all items ordered. ll pricin in accordance 

ith the id. 

2. The receipt of a properly illed inoice in the ccountin Serices Department. 

Invoices to the School Board MUST include the following to permit verification of 

prices and expedite payment to vendors: 

1. ame and ddress of endor 

2. niue noice umer 

May 9, 2011 2:33:16 PM EDT p. 10



Bid 11C-63K 

3. Date of Shipment 

. ine tem Total or Etended Price 

. Purchase order numer 

6. f item purchased is a Catalo Discount tem, then inoice must itemie Catalog List 

Price or Manufacturer’s Price List, the discount percentage submitted with this 

bid and the extended total for each item (Catalog list price minus the discount). 

7. Invoices for awarded Line Items shall be itemized by line item on the invoice per 

pricing submitted on Bid Summary Document. 

Invoice copy and/or packing slip must be presented at time of delivery. Original 

Invoice must be sent to Accounting Services with a copy to the District 

representative who requested supplies. Failure to timely submit invoices(s) to 

Accounting Services as set forth above may significantly delay processing and 

payment of the invoice. 

The School Board will not process invoices submitted more than 120 Days after the 

date the goods or services were delivered without prior approval from the 

Accounting Services Department. 

Vendor waives claims for payment of goods and/or services on invoice(s) not 

received by the Accounting Services Department within 120 Days of the delivery. 

Prior approval by Accounting Services is required if invoicing will extend past 120 

days. 

The above terms and conditions are agreed to by submitting an offer on this bid. 

. INCORRECT PRICING/INVOICES: ny pricin on inoices that is incorrect or freiht 

chares that ere not included on the oriinal Purchase rder, must e rouht to the 

attention of the Purchasin ent and corrected prior to the shipmentsof oods or 

initiation of serices. dditional costs that ere not rouht to the Districts attention and 

did not receie ritten approal ia a Chane rder issued y the Purchasin ent ill 

not e honored. 

. CHANGE ORDERS: ny additionsto the Scope of or or to a Purchase rder as a 

result of the id aard that adds additional costs must e rouht to the School Districts 

attention and approed y the Purchasin Department prior to commencement of 

additional or, shipment of oods or the addition of unauthoried freiht chares. nce 

approed, a Chane rder ill e issued to include the additional costs and or may 

commence andor shipment of oods can ein. dditional costs that ere not rouht to 

the districts attention and did not result in a Chane rder approed y the Purchasin 

ent ill not e honored. 

. DISTRICT PURCHASING CARD: The School District has authoried the use of a 

Purchasin Card ith isa throuh the Ban of merica to epedite small dollar purchases 

for materials, supplies, and other items needed for daily operations. endors may e 

presented these credit cards y authoried School District personnel for the aoe 

mentioned purchases. Each cardholders authoriation limit may not eceed 1,000 daily 

per endor effectie uly 1, 2006 ith the eception of trael. Purchase orders are 

stronly discouraed for purchasin materials, and supplies under 1,000. 

May 9, 2011 2:33:16 PM EDT p. 11



Bid 11C-63K 

11C-63K INSTRUCTIONS TO BIDDERS 

The eneral Conditions for Bids, nstructions to Bidders, Special Conditions, Specifications, 

ddenda, andor any other pertinent documents form a part of the nitation to Bid, and y 

reference are made a part thereof. 

1. PURPOSE: t is the purpose and intent of this initation to secure ids for itemsandor 

serices as listed herein for The School Board of Palm Beach County, Florida hereinafter 

referred to as the Board, the corporate ody politic that oerns, operates, controls, and 

superises the School District of Palm Beach County, Florida hereinafter referred to as 

District. 

2. ANTI-COLLUSION: By electronically sumittin a id, the idder certifies that it has not 

diuled, discussed or compared its id ith other idders and has not colluded ith any 

other idder or parties to a id hatsoeer. o premiums, reates or ratuities are 

permitted either ith, prior to, or after any deliery of materials. ny such iolation ill 

result in the cancellation andor return of materials as applicaleand the remoal of the 

idder from all id lists for the School Board of Palm Beach County, Florida. 

3. ANTI-DISCRIMINATION: 

a. The idder certifies that they are in compliance ith the non-discrimination clause 

contained in Section 202, Eecutie rder 1126, as amended y Eecutie rder 

113 relatie to eual employment opportunity for all persons ithout reard to 

race, color, reliion, se or national oriin. The proisions of the D ct of 1990 

pertainin to employment shall also e applicale. 

. The idder shall not discriminate on the asis of race, ender, ender identity or 

epression, reliion, national oriin, ethnicity, seual orientation, ae or disaility in 

the solicitation, selection, hirin, or treatment of su-contractors, endors, suppliers, 

or commercial customers. Bidder shall proide eual opportunity for su-contractors 

to participate in all of its pulic sector and priate sector su-contractin 

opportunities, proided that nothin contained in this clause shall prohiit or limit 

otherise laful efforts to remedy the effects of maretplace discrimination that has 

occurred or is occurrin in the maretplace, such as those specified in the Palm 

Beach County School Board Policy 6.13. Bidder understands and arees that 

iolation of this clause is a material reach of the contract and may result in contract 

determination, dearment, or other sanctions. 

. BIDS: Bids ill e receied electronically throuh a secure mailoat BidSync, nc. until 

the date and time as indicated in this id document. Bids ill e opened pulicly at the 

School District of Palm Beach County, Purchasin Department, 3300 Forest ill 

Bouleard, Suite -323, est Palm Beach, F 3306-13, and all idders and eneral 

pulic are inited to attend. t is the sole responsiility of the idder to ensure its id 

reaches BidSync on or efore the closin date and hour as indicated in this id document. 

. CONTRACT: The sumission of your id constitutes a firm offer y the idder. pon 

acceptance y the Board, the Purchasin Department ill issue a notice of aard and 

purchase ordersfor any supplies, euipment andor serices as a result of this id. The 

nitation to Bid and the correspondin purchase ordersill constitute the complete 

areement eteen the successful idder and the Board. nless otherise stipulated in 

May 9, 2011 2:33:16 PM EDT p. 12



Bid 11C-63K 

the id documents or areed to in ritin y oth parties, no other contract documents 

shall e issued or accepted. 

6. WITHDRAWAL: hen a idder ishes to ithdra a id, a ritten reuest shall e 

sumitted to the Director of Purchasin and the reuest ill e reieed for consideration. 

n no case shall a idder e ranted a release from a id more than one time in a to-year 

period. idder may not ithdra a id after the final call for ids at a desinated time of 

openin. 

. DEFAULT: n case of default y the idder, the Board may procure the articles or 

serices from other sources and hold the idder responsile for any ecess costs incurred 

therey. 

. FUNDING OUT/ CANCELLATION OR TERMINATION WITH OR WITHOUT CAUSE: 

. ith Cause: n the eent any of the proisions of the Contract are iolated y the 

idder, the Superintendent or desinee shall ie ritten notice to the idder statin the 

deficiencies and unless the deficiencies are corrected ithin ten days, recommendation 

ill e made to the Board or its desinee for immediate cancellation. pon cancellation 

hereunder the Board may pursue any and all leal remedies as proided herein and y 

la. n the eent that it is suseuently determined that a cancellation under this 

pararaph as incorrect, the termination shall e conerted to a termination for 

conenience pursuant to the net pararaph. 

B. ithout Cause: The Board or its desinee reseres the riht to terminate any 

contract resultin from this nitation to Bid at any time and for no reason hatsoeer, 

upon iin 30 days prior ritten notice to the idder. f the Contract should e 

terminated for conenience as proided herein, the Board shall e relieed of all 

oliations under said Contract. The Board or its desinee shall only e reuired to pay 

to the successful idder that amount of the Contract actually performed to the date of 

termination. 

C. Fundin ut: Florida School as prohiit the Board or its desinee from creatin 

oliations on anticipation of udeted reenues from one fiscal year to another ithout 

year-to-year etension proisions in the contracts. 

t is necessary that fiscal fundin out proisions e included in all ids in hich the terms 

are for periods of loner than one year. 

Therefore, the folloin fundin out proisions are an interal part of this nitation to Bid 

and must e areed to y all idders: 

The Board or its desinee may, durin the contract period, terminate or discontinue the 

items coered in this id for lac of appropriated funds upon the same terms and 

conditions. 

Such prior ritten notice ill state: 

1. That the lac of appropriated funds is the reason for termination, and 

2. Board arees not to replace the euipment or serices ein terminated 

ith euipment and serices ith functions similar to those performed y 

May 9, 2011 2:33:16 PM EDT p. 13



Bid 11C-63K 

the euipment coered in this id from another endor in the succeedin 

fundin period. 

“This written notification will thereafter release the School Board of Palm Beach 

County, Florida of all further obligations in any way related to such equipment 

covered herein”. 

9. BIDDERS RESPONSIBILITY: Before sumittin its id, each idder is reuired to 

carefully eamine the nitation to Bid deliery schedule, id prices and etensions, 

insurance reuirements, licensin reuirements, id closin date and time and to 

completely familiarie itself ith all of the terms and conditions that are contained ithin 

the nitation to Bid. Failure to do so on the part of the idder ill in no ay reliee it of 

any of the oliations and responsiilities hich are a part of the nitation to Bid. 

Bidder arrants y irtue of iddin that prices shall remain firm for a period of ninety 90 

days from the date of aard y the Board or time stated in special conditions. 

10. AWARDS: n the est interest of the District, the Purchasin Department reseres the 

riht to reect any and all ids and to aie any minor irreularity in ids receiedto 

accept any item or roup of items unless ualified y idder to acuire additional 

uantities at prices uoted on the nitation to Bid unless additional uantities are not 

acceptale, in hich case the id sheets must e noted BD S F SPECFED 

TT . ll aards made as a result of this id shall conform to applicale 

Florida Statutes. 

11. TE ESSC SFD CT: ll aarded idders ho are permitted access on 

school rounds hen students are present, ho may hae direct contact ith any student 

of the District, or ho may hae access to or control of school funds must e finerprinted 

and acround checed. arded idder arees to undero a acround chec and 

finerprintin if heshe is an indiidual ho meets any of the aoe conditions and to 

reuire that all indiiduals in the oraniation ho meet any of the conditions to sumit to a 

eel 2 FDE acround checand FBscreenin, includin finerprintin y the School 

Districts Police Department, at the sole cost of arded idder. The report of the results 

ill e immediately transmitted to the School Districts Police Department, hich shall e 

the sole determiner of clearance. arded idder shall not ein proidin serices 

contemplated y the nitation to Bid until arded idder receies notice of clearance y 

the School District and is issued School District ades. Compliance reuirin all aarded 

idders to reister as a isitor efore enterin school property and proper display of 

School District ades ill e strictly enforced. either the Board, nor its memers, 

officers, employees, or aents, shall e liale under any leal theory for any ind of claim 

hatsoeer for the reection of arded idder or discontinuation of arded idders 

sericeson the asis of these compliance oliations. arded idder arees that 

neither the arded idder, nor any employee, aent or representatie of the arded 

idder ho has een conicted or ho is currently under inestiation for a crime 

delineated in section 3.0, Florida Statutes, ill e employed in the performance of the 

contract. 

12. DISQUALIFYING CRIMES: The bidder certifies by submission of this bid, that neither it 

nor its principals is presently debarred, suspended, proposed for debarment, declared 

ineligible or voluntarily excluded from participation in this transaction by the State of 

Florida or Federal Government. Further, bidder certifies that it has divulged, in its bid 

May 9, 2011 2:33:16 PM EDT 

p. 1



Bid 11C-63K 

response, information regarding any of these actions or proposed actions with other 

governmental agencies. 

person or affiliate ho has een placed on the conicted endor list folloin a 

coniction for a pulic entity crime may not sumit a id to proide any oods or serices 

to a pulic entity, may not sumit a id to contract ith a pulic entity for the construction 

or repair of a pulic uildin or pulic or, may not sumit ids on leases of real property 

to a pulic entity, may not e aarded or perform or as a contractor, supplier, 

sucontractor, or consultant under a contract ith any pulic entity, and may not transact 

usiness ith any pulic entity in ecess of the threshold amount proided in Section 

2.01, Florida Statutes, for CTE T for a period of 36 months from the date 

of ein placed on the conicted endor list. 

The idderscertifies y sumission of this id, that neither it nor its principals are 

presently dearred, suspended, proposed for dearment, declared ineliile, or oluntarily 

ecluded from participation in this transaction y any State or Federal departmentaency. 

The aarded idder or any sucontractor shall not employ any persons ith multiple 

felonies and or crimes aainst children. The aarded idder must proide documented 

proof of efforts to comply ith this reuirement. The ner may declare any noncompliance 

or lac of dilient effort y the aarded idder to comply as a reach of 

contract and immediately terminate the serices of the aarded idder. 

13. ADVERTISING: n sumittin a id, idder arees not to use the results therefrom as a 

part of any commercial adertisin ithout prior approal of the District. 

1. LOBBYING: Bidders are herey adised that they are not to loy ith any district 

personnel or oard memers related to or inoled ith this id until the administrations 

recommendation for aard has een posted ith BidSync, nc. and at the Fulton olland 

Educational Serices Center, Purchasin Department area. ll oral or ritten inuiries 

must e directed throuh the Purchasin Department. 

oyin is defined as any action taen y an indiidual, firm, association, oint enture, 

partnership, syndicate, corporation, and all other roups ho see to influence the 

oernmental decision of a oard memer or district personnel after adertisement and 

prior to the posted recommendation on the aard of the Contract. 

ny idder or any indiiduals that loy on ehalf of idder durin the time specified ill 

result in reection disualification of said id. 

1. DISPUTES: n case of any dout or difference of opinion as to the items to e furnished 

hereunder, the decision of the Board shall e final and indin on oth parties. 

May 9, 2011 2:33:16 PM EDT 

p. 1



Bid 11C-63K 

16. LEGAL REQUIREMENTS: Federal, state, county, and local las, ordinances, rules, and 

reulations that in any manner affect the items coered herein apply. Specifically, 

iddersis to adhere to School Board Policies 3.12 and 3.13, pursuant to the folloin, 

ith respect to any criminal arrests and conictions, and is on notice thereto that any 

employees inoled in any Chapter 3, Florida Statutes offenses are precluded from 

continuin to oron the proect and must e replaced. Failure to comply may result in 

the immediate termination of the aarded idders contract at the sole discretion of the 

District. ac of nolede y the idder ill in no ay e a cause for relief from 

responsiility. 

1. TAXES: The School District of Palm Beach County, is eempt from any taes imposed 

y the State andor Federal oernment. State Sales TaEemption Certificate o. - 

013923C-1 and Federal Ecise Ta o. 9-6003 appears on each purchase 

order. This eemption does not apply to purchase of tanile personal property made y 

contractors ho use the tanile personal property in the performance of contracts for the 

improements of School District-oned real property as defined in Chapter 192, Florida 

Statutes. 

1. ASSIGNMENT: The successful idder shall not su-contract, assin, transfer, coney, 

sulet, or otherise dispose of the contract, or of any or all of its rihts, title, or interest 

therein, or its poer to eecute such contract to any person, firm, or corporation ithout 

prior ritten consent of the Board. 

19. SUBCONTRACTING: f an aarded idder intends to sucontract any portion of the 

Contract for any reason, the name and address of the sucontractin firm must e 

sumitted alon ith the idders id or prior to use for approal. o sucontractin ill 

tae place prior to id-aarded idder furnishin this information and receiin ritten 

approal from the District. 

The Purchasin Department reseres the riht to reect a sucontractor ho preiously 

failed in the proper performance of a contract or failed to delier on-time contracts of a 

similar nature, or ho, the District has determined in its sole discretion, is not in the 

position to perform the contract due to the sucontractors sie, eperience, or resources. 

The District reseres the riht to inspect all facilities of any sucontractor in order to mae 

determination as to the foreoin. The sucontractor ill e eually responsile for 

meetin all reuirements specified in the nitation to Bid. 

20. DEBARMENT: The Board shall hae the authority to dear a person corporation for 

cause for consideration or aard of future contracts. The dearment shall e for a period 

commensurate ith the seriousness of the causes, enerally not to eceed three 3 

years. hen the offense is illful or latant, a loner term of dearment may e imposed, 

up to an indefinite period. 

21. REQUIREMENTS FOR PERSONNEL ENTERING DISTRICT PROPERTY: Possession 

of firearms ill not e tolerated in or near school uildinsnor ill iolations of Federal 

and State las and any applicale Board policy reardin Dru Free orplace e 

tolerated. iolations ill e suect to the immediate termination proision heretofore 

stated in Pararaph 16, eal euirements. 

May 9, 2011 2:33:16 PM EDT p. 16



Bid 11C-63K 

Firearmmeans any eapon includin a starter un or antiue firearmhich ill, is 

desined to, or may readily e conerted to epel a proectile y the action of an 

eplosiethe frame or receier of any such eaponany destructie deiceor any 

machine un. 

o person ho has a firearm in their ehicle may par their ehicle on District property. 

Furthermore, no person may possess or rin a firearm on District property. 

f any employee of an independent contractor or su-contractor is found to hae rouht a 

firearm on District property, said employee must e terminated from the Board proect y 

the independent contractor or su-contractor. f the su-contractor fails to terminate said 

employee, the su-contractors areement ith the independent contractor for the Board 

proect shall e terminated. f the independent contractor fails to terminate said employee 

or fails to terminate the areement ith the su-contractor ho fails to terminate said 

employee, the independent contractors areement ith the Board shall e terminated. 

Bidders are adised that they are responsile to ensure that no employee, aent or 

representatie of their company ho has een conicted or ho is currently under 

inestiation for a crime aainst children in accordance ith section 3.0, Florida 

Statutes, ill enter onto any school site. 

22. PRODUCT RECALL: n the eent the aarded aarded idder receies notice that a 

product deliered y the aarded idder to the District has een recalled, seied or 

emaroed, andor has een determined to e misranded, adulterated, or found to e 

unfit for human consumption y a pacer, processor, sucontractor, retailer, manufacturer, 

or y any State or Federal reulatory aency, the aarded idder shall notify the Districts 

Bid Purchasin ent ithin to usiness days of receiin such notice. The Districts 

acceptance or failure to reect the affected product as non-conformin shall not in any ay 

impact, neate, or diminish the aarded idders duty to notify the Districts Purchasin 

ent that the affected product has een recalled, seied or emaroed, andor has een 

determined to e misranded, adulterated, or found to e unfit for human consumption. 

The form and content of such notice to the District shall include the name and description 

of the affected productthe approimate date the affected product as deliered to the 

Districtthe id numerand releant information relatin to the proper handlin of the 

affected product andor proper disposition of the affected product y the District, if 

necessary to protect the health, elfare, and safety of District students or employeesand 

any health haards non to the aarded idder hich may e caused or created y the 

affected product. The aarded idder shall, at the option of the Purchasin Department 

andor Purchasin ent, either reimurse the purchase price or proide an euialent 

replacement product at no additional cost to the District. nless it as asolutely 

necessary for the District to dispose of the affected product, the aarded idder shall e 

responsile for remoal andor replacement of the affected product ithin a reasonale 

time, as determined y the District, ithout causin sinificant inconenience to the 

District. 

May 9, 2011 2:33:16 PM EDT 

p. 1



Bid 11C-63K 

t the option of the District, the aarded endor may e reuired to reimurse storae 

andor handlin fees to e calculated from time of deliery and acceptance to actual 

remoal or disposal. The aarded endor ill ear all costs associated ith the remoal 

and proper disposal of the affected product. The failure to reimurse the purchase price 

and storae andor handlin fees or to remoe andor replace the affected product ith 

an euialent replacement ithin a reasonale time ithout sinificant inconenience to 

the District ill e considered a default. 

May 9, 2011 2:33:16 PM EDT 

p. 1



Bid 11C-63K 

11C-63K GENERAL CONDITIONS FOR BIDS 

1. USE OF OTHER CONTRACTS: The District reseres the riht to utilie any other District 

contract, any State of Florida Contract, any contract aarded y any other city or county 

oernmental aencies, any other school oard, any other community colleestate 

uniersity system cooperatie id areement, or to directly neotiatepurchase per School 

Board policy andor State Board ule 6-1.0126in lieu of any offer receied or aard 

made as a result of this id, if it is in the est interest to do so. The District also reseres the 

riht to separately id any sinle order or to purchase any item on this id if it is in its est 

interest to do so. 

2. JOINT-BIDDING, COOPERATIVE PURCHASING AGREEMENT: ll idders sumittin a 

response to this nitation to Bid aree that such response also constitutes a id to all State 

encies and Political Sudiisions of the State of Florida under the same conditions, for the 

same prices and for the same effectie period as this id, should the iddersdeem it in the 

est interest of their usiness to do so. 

This areement in no ay restricts or interferes ith any state aency or political sudiision 

of the State of Florida to reid any or all items. 

3. FAILURE TO DELIVER: Failure to delier as specified and at id price ill authorie the 

Board to purchase these items or serices from other sources and hold the idder 

responsile for any ecess costs incurred therey. Further, the Purchasin Department 

may recommend to the School Board that the endor failin to delier as specified e 

remoed as a future idder on all ids for a period of up to three years. 

. MINORITY BUSINESS PARTICIPATION: The School Board of Palm Beach County 

stronly encouraes the use of Minority oman oned usiness enterprises for 

participation as partners, oint-enturers, prime contractor, sucontractors, and in contractin 

opportunities. nuiries reardin listins of District and State Certified Minority and omen 

can e made to the School District of Palm Beach Countys ffice of Diersity in Business 

Practices, 3300 Forest ill Bouleard, Suite -106, est Palm Beach, F 3306, 613- 

0 or on our e site at http: .palmeachschools.orme. 

Bidders ho list minority sucontractors as participants in their ids ill complete the 

M BE SBCTCT PTCPT ETTE F TET FM 12and 

M BE SBCTCT PTCPT SMM FM 126. The summary 

FM 126ill e sumitted ith all reuests for payment. 

The District only reconies as acceptale for certification as minority oman usiness 

enterprises those firms, endors, and consultants that hae successfully completed the 

certification reuirements of the State of Florida ffice of Supplier Diersity or the School 

District of Palm Beach Countys ffice of Diersity in Business Practices. The letter or 

certificate ill only e deemed alid if the dates for certification hae not epired. ny 

pendin application ith the District or the State of Florida ffice of Supplier Diersity shall 

not e considered as certification of the endor main application for consideration as a 

M BE firm. 

May 9, 2011 2:33:16 PM EDT p. 19



Bid 11C-63K 

n order to receie consideration for M BE participation, the idder or firmsto e utilied 

y the idder must e certified y the District or the State of Florida at the time that the id is 

opened. 

The District does not currently y implication or direct means hae reciprocity ith any 

oernmental or non-oernmental entity, ith the eception of the State of Florida ffice of 

Supplier Diersity for the purpose of sharin andor acceptance of M BE endors, 

consultants, for certification. The District does not reconie any other certifications. 

raduation as descried in School Board of Palm Beach County Policy 6.13from the 

School District M BE Certification shall oid certification y the State of Florida. 

Certification shall e erified and point aard shall e determined y the ffice of Diersity 

in Business Practices. 

. CONTRACTOR BID REQUIREMENTS: s part of its id, idder shall proide to the 

District a list of all instances ithin the past ten years here a complaint as filed or pendin 

aainst idder in a leal or administratie proceedin allein that idder discriminated on 

the asis of race, ender, ender identity or epression, reliion, national oriin, ethnicity, 

seual orientation, ae, or disaility aainst its sucontractors, endors, suppliers, or 

commercial customers, and a description of the status or resolution of each such complaint, 

includin any remedial action taen. 

6. CONTRACT DISCLOSURE: pon the Districts reuest, and upon the filin of a complaint 

aainst aarded idder pursuant to Palm Beach County School Board Policy 6.1, 

aarded idder arees to proide the District, ithin sity calendar days, a truthful and 

complete list of the names of all sucontractors, endors, and suppliers that idder has used 

in the past fie years on any of its contracts that ere undertaen ithin the District releant 

eoraphic maret as defined in Palm Beach County School Board Policy 6.13, includin 

the total dollar amount paid y idder for each sucontract or supply contract. arded 

idder arees to fully cooperate in any inestiation conducted y the District pursuant to 

this Policy. Bidder understands and arees that iolation of this clause is a material reach 

of the Contract and may result in contract termination, dearment, and other sanctions. 

. INDEMNIFICATION / HOLD HARMLESS AGREEMENT: arded idders idders shall, 

in addition to any other oliation to indemnify The School Board of Palm Beach County, 

Florida and to the fullest etent permitted y la, protect, defend, indemnify and hold 

harmless the Board, its aents, officers, elected officials and employees from and aainst 

all claims, actions, liailities, losses includin economic losses, costs arisin out of any 

actual or alleed 

. odily inury, sicness, disease or death, or inury to or destruction of tanile 

property includin the loss of use resultin therefrom, or any other damae or loss 

arisin out of, or claimed to hae resulted in hole or in part from any actual or 

alleed act or omission of the contractor, sucontractor, anyone directly or indirectly 

employed y any of them, of anyone for hose acts any of them may e liale in the 

performance of the oror 

B. iolation of la, statute, ordinance, oernmental administration order, rule or 

reulation y contractor in the performance of the oror 

May 9, 2011 2:33:16 PM EDT p. 20



Bid 11C-63K 

C. liens, claims or actions made y the contractor or any sucontractor or other party 

performin the or. 

The indemnification oliations hereunder shall not e limited to any limitation on the 

amount, type of damaes, compensation or enefits payale y or for the contractor of 

any sucontractor under orers compensation acts disaility enefit acts, other 

employee enefit acts or any statutory ar. 

This article ill surie the termination of the Contract. 

. BRAND NAMES: se of a rand name, trade name, mae, model, manufacturer, or 

endor catalo numer in specifications is for the purpose of estalishin a rade or uality 

of material only. t is not the Districts intent to rule out other competition, therefore, the 

phrase CCEPTBE E is added. oeer, if a product other than that 

specified is id, it is the endors responsiility to sumit ith the id rochures, samples 

andor detailed specifications on items id. The District shall e the sole ude concernin 

the merits of id sumitted. 

Bidder shall indicate on the id form the manufacturers name and numer if iddin other 

than the specified rands, and shall indicate deiation from the specifications as 

listed. ther than specified items offered reuires complete descriptie technical literature 

mared to indicate details conformance ith specific CP TS PTET 

TS: Bidder arrants that there has een no iolation of copyrihts or patent rihts in 

manufacturin, producin or sellin the oods shipped or ordered as a result of this id. 

Seller arees to hold the purchaser harmless from any and all liaility, loss or epense 

occasioned y any such iolation. 

9. MANUFACTURER'S CERTIFICATION: The District reseres the riht to reuest from 

idders separate manufacturer certification of all statements made in the response to 

nitation to Bid. 

10. OCCUPATIONAL HEALTH AND SAFETY: Bidder, as a result of aard of the id, 

delierin any toic sustances item as defined in Code of Federal eulation Chapter 29, 

shall furnish to the Purchasin Department, a Material Safety Data Sheet MSDS. The 

material safety data sheet shall e proided ith initial shipment and shall e reised on a 

timely asis as appropriate. 

The MSDS must include the folloin information: 

. The chemical name and the common name of the toic sustance. 

B. The haards or other riss in the use of the toic sustance, includin: 

1The potential for fire, eplosion, corrosiely and reactiity 

2The non acute and chronic health effects of riss from eposure, includin the 

medical conditions hich are enerally reconied as ein araated y 

eposure to the toic sustanceand 

3The primary routes of entry and symptoms of oereposure. 

C. The proper precautions, handlin practices, necessary personal protectie 

euipment, and other safety precautions in the use of or eposure to the toic 

sustances includin appropriate emerency treatment in case of oereposure. 

May 9, 2011 2:33:16 PM EDT p. 21



Bid 11C-63K 

D. The emerency procedure for spills, fire, disposal and first aid. 

E. description in lay terms of the non specific potential health riss posed y the 

toic sustance intended to alert any person readin this information. 

F. The year and month, if aailale, that the information as compiled and the name, 

address and emerency telephone numer of the manufacturer responsile for 

preparin the information. 

ny uestions reardin this reuirement should e directed to: Department of aor and 

Employment Security, Bureau of ndustrial Safety and ealth, Toic aste nformation 

Center, 21 Eecutie Center Circle est, Tallahassee, F 32301-01, Telephone 1- 

00-36-3. 

11. OSHA: The idder arrants that the productserices supplied to the School District of 

Palm Beach County shall conform in all respects to the standards set forth in the 

ccupational Safety and ealth ct 190, as amended, and the failure to comply ith this 

condition ill e considered as a reach of contract. 

12. PRICES QUOTED: Deduct trade discounts and uote firm net prices. ie oth unit price 

and etend total. Prices must e stated in units of uantity specified in id specifications. 

n case of discrepancy in computin the amount of the id, the T PCE uoted ill 

oern. ll prices FB destination, freiht prepaid unless otherise stated in special 

conditions. Discounts for prompt payment: ard, if made, ill e in accordance ith 

terms and conditions stated herein. Each item must e id separately and no attempt is to 

e made to tie any item or items in ith any other item or items. Cash or uantity discounts 

offered ill not e a consideration in determination of aard of ids. f a idder offers a 

discount, it is understood that a minimum of 30 days ill e reuired for payment, and the 

discount time ill e computed from the date of satisfactory deliery at place of acceptance 

and receipt of correct inoice at the office specified. 

13. CONDITIONS AND PACKAGING: t is understood and areed that any item offered or 

shipped as a result of this id shall e ne current production model at the time of the id. 

ll containers shall e suitale for storae or shipment, and all prices shall include standard 

commercial pacain. 

1. UNDERWRITERS' LABORATORIES: nless otherise stipulated in the id, all 

manufactured items and faricated assemlies shall e listed or re-eamination testin 

here such has een estalished y for the items offered and furnished. 

1. DELIVERY: nless actual date of deliery is specified, sho numer of days reuired to 

mae deliery after receipt of purchase order in space proided. Deliery time may 

ecome a asis for main an aard See Special Conditions. Deliery shall e ithin the 

normal orin hours of the user, Monday throuh Friday, ecludin holidays unless 

otherise specified on the purchase order. 

16. QUALITY: The items id must e ne and eual to or eceed specifications. The 

manufacturers standard uarantee shall apply. Durin the uarantee period the successful 

idder must repair andor replace the unit ithout cost to the District ith the understandin 

that all replacements shall carry the same uarantee as the oriinal euipment. The 

successful idder shall mae any such repairs andor replacements immediately upon 

receiin notice from the District. 

May 9, 2011 2:33:16 PM EDT p. 22



Bid 11C-63K 

1. SAMPLES, DEMONSTRATIONS AND TESTING: 

. Samples of items, hen reuired, must e furnished free of epense and if not 

destroyed, ill upon reuest, e returned at the idders epense. euest for the 

return of the samples must e indicated on his or her id. Each indiidual sample 

must e laeled ith idders name, id numer and item numer. Failure of idder 

to either delier reuired samples or to clearly identify samples as indicated may e 

reason for reection of the id. nless otherise indicated, samples should e 

deliered to the Purchasin Department, School District of Palm Beach County. 

B. hen reuired, the District may reuest full demonstrations of any units id prior to 

the aard of any contract. 

C. tems may e tested for compliance ith specifications under the direction of the 

Florida Department of riculture and Consumer Serices, or an independent testin 

laoratory. Bidders shall assume full responsiility for payment for any and all 

chares for testin and analysis of any materials offered or deliered that do not 

conform to the minimum reuired specifications. Bidders disposition of all items 

deliered in this cateory must e at no epense to the District. 

1. INSPECTION AND ACCEPTANCE OF GOODS: The aarded idder shall e responsile 

for deliery of items in ood condition at point destination. Bidder shall file ith the carrier 

all claims for reaae, imperfections, and other losses, hich ill e deducted from 

inoices. The District ill note, for the enefit of successful idder, hen pacaes are not 

receied in ood condition. n the eent the material andor serices supplied to the District 

is found to e defectie or does not conform to specifications, the District reseres the riht 

to cancel the order upon ritten notice to the seller and return the product to seller at the 

seller's expense. 

19. LIABILITY, INSURANCE, LICENSES, AND PERMITS: here idders are reuired to 

enter or o onto District property to delier materials or perform or or serices as a result 

of id aard, the idder ill assume the full duty oliation and epense of otainin all 

necessary licenses, permits and insurance. Bidder shall e liale for any damae or loss to 

the District incurred y idder, idders employees, licensees of the idder or aent or any 

person the idder has desinated in completion of his or her contract as a result of the id 

further idder shall e liale for all actiities of idder occasioned y performance of the 

Contract. ot ithstandin the foreoin, the liaility herein shall e limited to ten million 

dollars 10,000,000and the idder reconies that and coenants that it has receied 

consideration for indemnification proided herein. 

20. SPECIFICATIONS: ny omissions of detail specifications stated herein that ould render 

the materialsserice from use as specified ill not reliee the idder from responsiility. 

21. BID BONDS AND PERFORMANCE BONDS: Bid onds, hen reuired, shall e 

sumitted ith the id in the amount specified in Special Conditions. Bid onds ill e 

returned to unsuccessful idders. fter aard of contract, the District ill notify the 

successful idder to sumit a performance ond in the amount specified in Special 

Conditions. pon receipt of the performance ond, the id ond ill e returned to the 

successful idder. 

May 9, 2011 2:33:16 PM EDT p. 23



Bid 11C-63K 

22. QUANTITIES: The uantities shon are estimates of the uantity of items epected to e 

purchased durin the term of aard. ctual uantities purchased may often eceed or e 

less than uantities shon. rders ill e placed as needed y indiidual locations durin 

the contract period. The idder arees that the prices offered shall e maintained 

irrespectie of the uantity actually purchased. 

23. ORDERING PROCEDURE: 

Specific tems: fter approal of Contract aard y the Board, a letter of contract 

acceptance ill e issued to each successful idder acnoledin hich oods or serices 

hae een aarded. Separate purchase orders ill e issued ased on specific items at 

firm, fied prices listed in the id. 

Percent Discount Catalo Bids: Separate purchase orders ill e issued ith pricin ased 

on catalo andor price lists. 

No item may be shipped or service performed that is not listed on the purchase order. 

2. POSTING OF BID AND SPECIFICATIONS: nitation to Bid ith specifications ill e 

posted for reie y interested parties at BidSync.com and at the Fulton olland 

Educational Serices Center, Purchasin Department, 3300 Forest ill Bouleard, Third 

Floor, - in Suite -323, est Palm Beach, F 3306, on the date of id electronic 

mailin and ill remain posted for a period of 2 hours. Failure to file a specification protest 

ithin the time prescried in section 120.3, Florida Statutes, ill constitute a aier of 

proceedins under Chapter 120, Florida Statutes, and applicale Board rules, reulations 

and policies. 

2. BID PROTEST: f a idder ishes to protest a id, they must do so in strict accordance ith 

the procedures outlined in section 120.3, Florida Statutes, the nitation to Bid, and 

School Board Policy 6.1. 

ny person ho files an action protestin id specifications, a decision or intended decision 

pertainin to this id pursuant to section 120.3, Florida Statutes shall post ith the 

Purchasin Department, at the time of filin the formal ritten protest, a ond secured y an 

acceptale surety company in Florida payale to The School Board of Palm Beach County, 

Florida in an amount eual to one percent 1 of the total estimated contract alue, ut not 

less than 00.00 nor more than ,000.00. Bond shall e conditioned upon the payment of 

all costs that may e aduded aainst the protester in the administratie hearin in hich 

the action is rouht and in any suseuent appellate court proceedin. n lieu of a ond, a 

cashiers chec, certified anchec, ancertified company checor money order ill e 

acceptale form of security. f, after completion of the administratie hearin process and 

any appellate court proceedins, the District preails, it shall recoer all costs and chares 

included in the final order of udment, includin chares y the Diision of dministratie 

earins. pon payment of such costs and chares y the protester, the protest security 

shall e returned. 

26. TIE BID: ccordin to FS 2.0, tie id preference shall e aarded to endors ith Dru 

Free or Place prorams. heneer to or more are eual ith reard to price, uality, 

and serice, a id receied from a usiness that certifies that it has implemented a Dru Free 

May 9, 2011 2:33:16 PM EDT 

p. 2



Bid 11C-63K 

or Place proram shall e ien preference in the aard process. n the eent oth 

endors hae a Dru Free or Place preference shall e aarded to the endor ho is 

certified in the folloin order: as a M BE certified ith the School District, as a SBE 

certified ith the School District. f oth endors meet all three reuirements, accordin to 

standard purchasin practice, the Director or Manaer of Purchasin ill flip a coin to rea 

the tie. endors company name closest to the letter ill alays e assined heads in 

the coin toss. 

2. INTERPRETATIONS: either BidSync nor any employee of the District is authoried to 

interpret any portion of the nitation to Bid or ie information as to the reuirements of the 

id in addition to that contained in the ritten id document. nterpretations of the id or 

additional information as to its reuirements, here necessary, shall e communicated to 

idders y ritten addendum. 

2. SPECIAL CONDITIONS: f any conflict eists eteen any of the Special Conditions 

andor the Specifications and either the eneral Conditions for Bids or the nstructions to 

Bidders, the Special Conditions andor Specifications shall oern. 

May 9, 2011 2:33:16 PM EDT 

p. 2



Bid 11C-63K 

Item 1. 

Valve Boxes with Lid 

11C-63K BID SUMMARY DOCUMENT 

VENDOR NAME: 

This document will need to be downloaded, filled out and then uploaded with your bid. The bidder should complete only those 

areas shaded in yellow. If you need assistance or are having technical difficulties with uploading the document, please contact 

BidSync Vendor Support at 1-800-990-9339 ext 1. 

DESCRIPTION 

Estimated 

Quantity 

Unit 

price 

(EACH) 

a. 10ound mete or acceptale eual 12 0.00 

b. 12ectanular mete or acceptale eual 300 

Total Item 1 (a & b Inclusive) 

0.00 

0.00 

Item 2. 

Unit 

Estimated 

price 

Quantity 

(EACH) 

Total 

a. Clear PC Cement uart Container 20 0.00 

b. ray PC Cement uart Container 20 0.00 

c. Purple Primer -- uart Container 0 0.00 

d. Clear Cleaner -- uart Container 20 0.00 

e. Blue lue 20 0.00 

Total Item 2 (a - e Inclusive) 

RAINBIRD TURF IRRIGATION EQUIPMENT 

Unit 

Item 3. Mechanical Controllers: ESP LX Series 

Estimated 

Quantity 

price 

(EACH) Total 

a. 6 Station 1 0.00 

b. Station 2 0.00 

c. 12 Station 1 0.00 

d. 16 Station 3 0.00 

e. 20 Station 1 0.00 

f. 2 Station 0.00 

Mechanical Controllers: ESP MC Series 

g. each 12 Station 0.00 

h. 2 each 16 Station 2 0.00 

i. 6 each 2 Station 6 0.00 

j. each 32 Station 0.00 

k. 12 each 0 Station 12 0.00 

Total Item 3 (a-k Inclusive) 0.00 

HUNTER IRRIGATION PRODUCTS 

Unit 

price 

Item 4 Sprinler eads 

Estimated 

Quantity 

(PER 

CASE) Total 

a. -20 20 per caseinch 0 0.00 

b. -20 Purple Top 20 per caseinch 00 0.00 

c. -2 20 per case 160 0.00 

d. -2 Purple Top 20 per case 160 0.00 

e. -0 20 per case 0 0.00 

f. -0 Purple Top 20 per case 0 0.00 

g. P 20 per case 160 0.00 

h. P Purple Top 20 per case 160 0.00 

i. PP 2 per case 00 0.00 

j. PP Purple Top 2 per case 00 0.00 

Total Item 4 (a-j Inclusive) 0.00 

Total 

0.00 

May 9, 2011 2:33:16 PM EDT p. 26



Bid 11C-63K 

are Turf Sprinler eaddustale Electrical ith ale in head 

Item 5 unter Part 9E3P per case 0 0.00 

Item 6 are dustale ith Chec unter - Part T2S per case 0 0.00 

Unit 

price 

Item 7 

TORO 570 SERIES SPRINKLER HEADS 

Estimated 

Quantity 

(PER 

CASE) Total 

a. Pop p 0 per case 320 0.00 

b. Pop p, Purple Tops for eclaimed ater 0 per case 320 0.00 

Total Item (a-b Inclusive) 0.00 

MANUAL VALVES 

Unit 

Item 8 rritrol 100 Series 2 Electric ales 

Estimated 

Quantity 

price 

(EACH) Total 

a. 1 0 0.00 

b. 1 12 0 0.00 

c. 2 0 0.00 

d. 3 100 0.00 

Total Item (a-d Inclusive) 0.00 

Item 9 

Item 10 

Item 11 

Item 12 

Item 13 

Item 14 

Item 15 

Item 16 

Item 17 

CATALOG DISCOUNTS 

DESCRIPTION 

ainird olf EuipmentTools - 

ainird Drip rriation Euipmentccessories - 

ainird Miscellaneous Tools and ccessories - 

ainird epair Parts - 

Toro esidentialCommercial hole oods 

Toro are Turf hole oods 

Toro are Turf Parts - 

Toro 900 Series - are Turf-esidentialCommercial 

Toro mpact eads, uic Couplins and Keys 

Catalog 

Number 

Catalog 

or Price 

List Date 

Percentage 

Discount from 

Manufacturer's 

Price List 

Item 18 

Item 19 

Item 20 

Item 21 

Item 22 

Item 23 

FLINT AND WALLING PUMPS 

et Pumps - S ES 

Toro are Turf hole oods, SEF PM 

Toro are Turf hole oods, ST T CETF 

Sump Pumps - 

Pressure Tans and Miscellaneous ccessories 

Pump epair Parts - 

Catalog 

Number 

Catalog 

or Price 

List Date 

Percentage 

Discount from 


Price List 

Item 24 

Item 25 

Item 26 

Item 27 

GOULDS PUMPS 

Centrifual Pumps, Self Primin - S ES 

Centrifual Pumps, Straiht Centrifual- S ES 

Pressure Tans and Miscellaneous ccessories 

Pump epair Parts - 

Catalog 

Number 

Catalog 

or Price 

List Date 

Percentage 

Discount from 


Price List 

May 9, 2011 2:33:16 PM EDT 

p. 2



Bid 11C-63K 

Item 28 

HUNTER IRRIGATION PRODUCTS 

uic-Coupler-Electric emote Brass ales Brass Siels 

Catalog 

Number 

Catalog 

or Price 

List Date 

Percentage 

Discount from 


Price List 

Item 29 

Sprinlers, Controllers Electric Plastic emote ales epair Parts 

Item 30 

Item 31 

Item 32 

K-RAIN PRODUCTS 

K-ain Sprinler eads 

K-ain Controllers, ales Pump Start elays 

K-ain Parts - 

Catalog 

Number 

Catalog 

or Price 

List Date 

Percentage 

Discount from 


Price List 

Item 33 

Item 34 

WELLXTROL PRESSURE TANKS 

Pressure Tans - S ES 

Fierlass Tans - S ES 

Catalog 

Number 

Catalog 

or Price 

List Date 

Percentage 

Discount from 


Price List 

Item 35 

Item 36 

Item 37 

Item 38 

Item 39 

Item 40 

Item 41 

PVC PRODUCTS 

PC FittinsSchedule 0. Miscellaneous fittins to include ut not e 

limited to Colonial or acceptale eual. educer Bushins, Couplins, 

Tees, Slip Caps, Elos, Threaded Caps, Male dapters, iser 

Etenders, Female dapters 

PC FittinsSchedule 0. Miscellaneous fittins to include ut not e 

limited to Colonial or acceptale eual. educer Bushins, Couplins, 

Tees, Slip Caps, Elos, Threaded Caps, Male dapters, iser 

Etenders, Female dapters 

PC Pipe Boe - Schedule 0: 12throuh 6, Colonial or acceptale 

eual 


eual 


eual 

PC Pipe in - Class 200, 2throuh 6, Colonial or acceptale 

eual 

PC Fittins - Schedule 0: 12throuh , Colonial or acceptale 

eual 

Catalog 

Number 

Catalog 

or Price 

List Date 

Percentage 

Discount from 


Price List 

Item 42 

Telescopic epair CouplinsSlip Fi MS Plastic - 12throuh 

May 9, 2011 2:33:16 PM EDT 

p. 2



Bid 11C-63K 

Item 43 

Item 44 

Item 45 

Item 46 

Item 47 

Item 48 

Item 49 

Item 50 

Item 51 

Item 52 

Item 53 

Item 54 

PUMP MATERIALS 

ru-loc: rooed Mechanical Fittins 2- 6Miscellaneous Fittins to 

include ut not e limited to educers, Tees, Elos, Flanes, 

Couplers, educin Couplers, ipples, nions 

ictaulic: rooed Mechanical Fittins 2- 6Miscellaneous Fittins to 



rinnell: rooed Mechanical Fittins 2- 6Miscellaneous Fittins to 



Pressure eulation and Sustainin ales 2- Series 

Manufacturers: Dorot, Bermad, mes 

Pump Pilot alesManufacturers: Dorot - Plasitc Blac BluePilot 

ales 

Pump Pilot alesManufacturers: Cla-ale - Brass Series 

epair Parts: ih Pressure ated 1 Poly Tuin, 1 Brass 

Fittins-Compression Thread 

Pump eadsepair Parts, ll mpellors, Shat Seals. Manufacturer: 

risold Brand 

Pump Motors: Centrifuul hp - 2 hp. Manufacturer: Baldor 

Pump Motors: Turine 10 hp - 2 hp. Manufacturer: .S. Motors 

Pump Flo Sensors: 12FPT 3 ire unction. Manufacturer: Flo- 

Tect 

Pump Seals: ll Manufacturers 

Catalog 

Number 

Catalog 

or Price 

List Date 

Percentage 

Discount from 


Price List 

Item 55 

GALVANIZED PRODUCTS 

alanied Fittins - Miscellaneous Fittins to include ut not e limited 

to Domestic or acceptale eual educer Bushins, Couplins, 

Elos, educin Couplins, Crosses, Tees 

Catalog 

Number 

Catalog 

or Price 

List Date 

Percentage 

Discount from 


Price List 

Item 56 

alanied Fittins - ipplies - ll S ES, Domestic or acceptale eual 

Item 57 

Item 58 

Item 59 

Item 60 

Item 61 

Item 62 

MANUAL VALVES 

ales, ateBrone 12throuh , Threaded Ends, ico T-113 or 

acceptale eual 

ales, BallBrass, Full Port. 12throuh 3ico T-0 or 


ales, BallPC - 12throuh 2Colonial or acceptale eual 

ales, BallPC- Tru-nion 2-12throuh , Colonial or acceptale 

eual 

ales, ChecPoppet Type, Brone, S E Strata Flo or 


ale epair Parts- S ES 

Catalog 

Number 

Catalog 

or Price 

List Date 

Percentage 

Discount from 


Price List 

May 9, 2011 2:33:16 PM EDT p. 29



Bid 11C-63K 

Item 63 

Item 64 

Item 65 

Item 66 

MISCELLANEOUS ITEMS 

uaes, Pressure-160 1-12, liuid filled ainird or acceptale 

eual 

uaes, acuum S ES 

Pump Protector ot Stop or acceptale eual 

ye Strainerscast iron, S ES 

Catalog 

Number 

Catalog 

or Price 

List Date 

Percentage 

Discount from 


Price List 

May 9, 2011 2:33:16 PM EDT p. 30



Bid 11C-63K 

Item 67 

Item 68 

Item 69 

BALANCE OF LINE 

HUNTER - BCE F E F TE MFCTE, TE T TEMS 

SPECFED 

RAINBIRD - BCE F E F TE MFCTE, TE T TEMS 

SPECFED 

IRRITROL- BCE F E F TE MFCTE, TE T TEMS 

SPECFED 

Percentage 

Discount from 

Catalog or 


Price List 

Item 70 

Item 71 

TORO - BCE F E F TE MFCTE, TE T TEMS SPECFED 

K-RAIN - BCE F E F TE MFCTE, TE T TEMS 

SPECFED 

May 9, 2011 2:33:16 PM EDT p. 31



Bid 11C-63K 

SCHOOL DISTRICT OF PALM BEACH COUNTY 


VARIANCES 

BID NAME / NUMBER: 

VENDOR NAME: 

if endor chooses not to participate in ariances Document, please acnolede y placin 

here: . 

VARIANCES: State any ariances, hoeer sliht, to the aoe specifications. f none are 

indicated, it ill e assumed materials andor serices id are identical to those specified. 

May 9, 2011 2:33:16 PM EDT p. 32



Bid 11C-63K 



EARLY PAYMENT TERMS 

BID NAME / NUMBER: 

VENDOR NAME: 

f endor chooses not to participate in Early Payment Terms, please acnolede y placin 

here: . 

EARLY PAYMENT: 

Specify terms and discount for early payment. 

Check which terms you will be willing to provide for the duration of this contract to the School 

District. (please choose one) 

 

 

0.5% 10 net 30 * 

0.75% 5 net 30 * 

pon receipt of inoice y the School District of Palm Beach County ccounts Payale Department. 

May 9, 2011 2:33:16 PM EDT p. 33



Bid 11C-63K 



AREA REPRESENTATIVE 

Please list the contact for this contract 

endor ame: 

rea epresentative: 

ddress: 

City ip Code: 

Telephone: 

Fa umber: 

Cell or etel: 

Emergency umber: 

Email ddress: 

May 9, 2011 2:33:16 PM EDT 

p. 3



Bid 11C-63K 



DEBARMENT CERTIFICATION 

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 

INELIGIBILITY AND VOLUNTARY EXCLUSION 

LOWER TIER COVERED TRANSACTIONS 

This certification is required by the regulations implementing Executive Order 12549, 

Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants’ responsibilities. 

The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 

4722-4733). Copies of the regulations may be obtained by contacting the Department of 

Agriculture agency with which this transaction originated. (Before Completing Certification, 

Read Instructions on Following Page) 

(1) The prospective lower tier participant certifies, by submission of this 

proposal, that neither it nor its principals is presently debarred suspended, 

proposed for debarment, declared ineligible, or voluntarily excluded from 

participation in this transaction by an Federal department or agency. 

(2) Where the prospective lower tier participant is unable to certify to any of the 

statements in this certification, such prospective participants shall attach an 

explanation to this proposal. 

Organization Name 

Solicitation Number or Project Name 

Name and Title of Authorized Representative 

Date 

May 9, 2011 2:33:16 PM EDT p. 35



Bid 11C-63K 

INSTRUCTION CERTIFICATIONS 

1. By electronic submission of this form the prospective lower tier participant is providing the 

certification set out on the reverse side in accordance with these instructions 

2. The certification in this clause is a material representation of fact upon reliance was placed 

when this transaction was entered into. f it is later determined that the prospective lower tier 

participant knowingly rendered an erroneous certification, in addition to other remedies available 

to the Federal overnment, the department or agency with which this transaction originated may 

pursue available remedies, including suspension andor debarment. 

3. The prospective lower tier participant shall provide immediate written notice to the person to 

which this proposal is submitted if at any time the prospective lower tier participant learns that its 

certification was erroneous when submitted or has become erroneous by reason of changed 

circumstances. 

. The terms covered transaction,debarred,suspended,ineligible,lower tier covered 

transaction,participant,person,primary covered transaction,principal,proposal, 

voluntarily ecluded,as used in this clause, have the meanings set out in the Definitions and 

Coverage section so rules implementing Eecutive rder 1259. ou may contact the person to 

which this proposal is submitted for assistance in obtaining a copy of those regulations. 

5. The prospective lower tier participant agrees by submitting this form that, should the proposed 

covered transaction be entered into, it shall not knowingly enter into any lower tier covered 

transaction with a person who is debarred, suspended, declared ineligible, or voluntarily ecluded 

from participation in this covered transaction, unless authoried by the department or agency with 

which this transaction originated. 

6. The prospective lower tier participant further agrees by submitting this form that it will include 

this clause titled, Certification egarding Debarment, Suspension, neligibility and oluntary 

Eclusion ower Tier Covered Transactions,without modification, in all lower tier covered 

transactions and in all solicitation for lower tier covered transactions. 

7. participant in a covered transaction may rely upon a certification of a prospective participant 

in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily 

ecluded from the covered transaction, unless it knows that the certification is erroneous. 

participant may decide the method and freuency by which is determines the eligibility of its 

principals. Each participant may, but is not reuired to, check the on-procurement ist. 

. othing contained in the foregoing shall be construed to reuire establishment of a system of 

records in order to render in good faith the certification reuired by this clause. The knowledge 

and information of a participant is not reuired to eceed that which is normally possessed by a 

prudent person in the ordinary course of business dealings. 

9. Ecept for transactions authoried under paragraph 5 of these instructions, if a participant in 

covered transaction knowingly enters into a lower tier covered transaction with a person which is 

suspended, debarred, ineligible, or voluntarily ecluded from participation in this transaction, in 

addition to other remedies available to the Federal overnment, the department or agency with 

which this transaction originated may pursue available remedies, including suspension andor 

debarment 

May 9, 2011 2:33:16 PM EDT p. 36



Bid 11C-63K 

THE SCHOOL DISTRICT OF PALM BEACH COUNTY 

Drug-Free Workplace Certification 

Preference must be given to vendors submitting a certification with their bidproposal certifying they have a 

drug-free workplace in accordance with Section 27.07, Florida Statutes. This reuirement affects all 

public entities of the State and becomes effective anuary 1, 1991. The special condition is as follows: 

IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. 

henever two or more bids which are eual with respect to price, uality, and service are received by the 

State or by any political subdivision for the procurement of commodities or contractual services, a bid 

received from a business that certifies that it has implemented a drug-free workplace program shall be given 

preference in the award process. Established procedures for processing tie bids will be followed if none of 

the tied vendors have a drug-free workplace program, a business shall: 

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, 

possession, or use of a controlled substance is prohibited in the workplace and specifying the actions 

that will be taken against employees for violations of such prohibition. 

2. nform employees about the dangers of drug abuse in the workplace, the businesss policy of 

maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 

assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 

3. ive each employee engaged in providing the commodities or contractual services that are under bid a 

copy of the statement specified in subsection 1. 

. n the statement specified in subsection 1, notify the employees that, as a condition of working on the 

commodities or contractual services that are under bid, the employee will abide by the terms of the 

statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any 

violation of chapter 93 or of any controlled substance law of the nited States or any state, for a 

violation occurring in the workplace no later than five 5days after such conviction. 

5. mpose a sanction on, or reuire the satisfactory participation in a drug abuse assistance or 

rehabilitation program if such is available in the employees community, by any employee who is so 

convicted. 

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this 

section. 

s the person authoried to sign the statement, certify that this firm complies fully with the above 

reuirements. 

EDS S TE 

DTE 

CMP ME 

Must be executed and returned with attached bid at time of bid opening to be considered. 

PBSD 050 ev. 2003 

- Purchasing Department 

May 9, 2011 2:33:16 PM EDT p. 37



Bid 11C-63K 



M T CETFCT FMT 

* Check here if : . Form must be submitted to BidSync.com. 

Minority Certification applications are available through the Minority Business Enterprise 

located at: 

ffice of Diversity in Business Practices 

School District of Palm Beach County 

3300 Forest ill Boulevard, Suite -106 

est Palm Beach, F 3306-571 

Phone: 5613-50 

http: www.palmbeach.k12.fl.usmwbe 

Are you a minority vendor certified by: Check if appropriate 

Palm Beach County School District 

State of Florida 

f yes, epiration date 

 

 

Minority Classification check one: 2-frican merican, 3-ispanic merican, 

-ative merican, 5-sian merican, 6-merican oman, 7-Physically 

mpaired, -ther 

f you are not a certified minority vendor and intend to sub-contract with a certified 

minority firms, please list the vendors and the estimated dollar value below: 

Vendor 

Estimated Dollar Value 

 

 

 

May 9, 2011 2:33:16 PM EDT 

p. 3



Bid 11C-63K 

TE SC DSTCT F PM BEC CT 

FFCE F D EST BS ESS PCTCES 

Letter of Intent 

Minority/Women Business Enterprise (M/WBE) Subcontractor Participation 

Form must be submitted to BidSync.com 

 

Check if not applicable 

BD FP F T or Proect ame 

BD FP F T or Proect 

ame of Bidder esponder 

The undersigned intends to perform work with the above proect as (check one) 

ndividual Partnership Corporation 

oint enture 

* If a joint venture, attach letterhead or other documentation proving relationship.) 

The undersigned intends to perform work with the above proect as (check one) 

Subcontractor Subconsultant Manufacturer Supplier 

The undersigned is: Certified with the School District of Palm Beach County M BE Coordinator 

 

The undersigned is (check only one in each applicable column): 

Certified with the State of Florida, Department of eneral Services 

Provisional 

Column 1 Column 2 Column 3 

frican merican ative merican Female Physically 

sian merican merican Female Male 

 

ispanic 

merican 

PARTICIPATION: The undersigned intends to perform the following work in connection with the above proect. 

Item # CONTRACT (Trade) Items (Description/Division) Amount 

May 9, 2011 2:33:16 PM EDT p. 39



Bid 11C-63K 

f the undersigned intends to sub-contract any portion of this subcontract to a non-certified M BE subcontractor, the amount 

of any such subcontract must be stated 

ame of M BE Subcontracting Firm 

ame and Position type or print 

PBSD 1525 ev. 262009 ffice of Diversity in Business Practices 

May 9, 2011 2:33:16 PM EDT 

p. 0



Bid 11C-63K 

School District of Palm Beach County 

Minority Women Business Enterprise (M/WBE) 

Subcontractor Participation Summary 

* Check here if : . Form must be submitted to bidsync.com. 

BD FP or Proect ame 

BD FP or Proect umber 

Total Bid Base and lternatives 

TO DIRECTOR OF PURCHASING DEPARTMENT 

The M BE Subcontractor firms listed below have agreed to participate in this BD FP or proect for the 

Contract Tradetems and the dollar amounts shown. etterson ntent (PBSD 1525) for each Subcontractor is 

areattached. 

Those Subcontractors represented to me as M BE Certified by the M BE Coordinator are noted. lso noted 

are those Subcontractors not presently certified but representing themselves as M BE ualified for certification. 

For those Subcontractors, an identification Statement is attached to their etter of ntent (PBSD 1525). 

CONTRACTOR 

CERTIFIED 

YES 

NO 

CONTRACT (TRADES) ITEMS 

AMOUNT 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total M BE Subcontractor Participation 

 

Percentage of Total Bid Base lternates 

Contracting Firm ame 

ame and Position type or print 

% 

SIGNATURE 

DATE 

PBSD 1526 E. 1012001 

- Purchasing Department 

May 9, 2011 2:33:16 PM EDT 

p. 1



Bid 11C-63K 

Question and Answers for Bid #11C-63K - Term Contract Irrigation 

Equipment & Supplies 

OVERALL BID QUESTIONS 

Question 1 

I am working on Bid # 11C-63K and on item#2 you are asking for prices on glue & cleaners: 

item #2 

Line a- 2 different items only one area for a price- need size & type of cement to quote. 

Line b- purple primer or clear cleaner-2 different items- need size & type-purple or clear to quote. 

Also on item 43 I am giving a discount for Victaulic specific- how do I designate that? (Submitted: Apr 25, 2011 

3:55:55 PM EDT) 

Answer 

- Please refer to Addendum 1 and Revised Bid Summary Document. (Answered: Apr 28, 2011 12:36:38 PM EDT) 

May 9, 2011 2:33:16 PM EDT 

p. 2


6. B 



AGENDA ITEM NAME: RESOLUTION NO. R2012-39 (VILLAGE GREEN CENTER PLAT) 

A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ACCEPTING AND APPROVING THE 

VILLAGE GREEN CENTER PLAT FOR A 15.899 ACRE PARCEL LYING IN SECTION 13, 

TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, 

FLORIDA, BEING A REPLAT OF TRACTS “C-1” AND “C-2”, LANIER PROPERTY, AS 

RECORDED IN PLAT BOOK 108, PAGES 75 – 91, PUBLIC RECORDS OF PALM BEACH 

COUNTY, FLORIDA. 





FIRST READING 


REQUEST: Approval of Resolution R2012-39 accepting and approving the Village Green 

Plat. 

Center 

EXPLANATION: This is a petition for the platting of a 15.899 acre parcel located at the northwest 

corner of the intersection of US441/SR7 and Stribling Way. A location map is provided as 

Attachment 1. The Petitioners and Owners of the property are W&W V, LLC. 

Council approved the Master Plan for the development on May 27, 2008 (Resolution 2008-58). The 

DRC approved the original Site Plan for the development on September 14, 2011, 2011. Since 

June 27, 2011, the Site Plan and Land Development Permit have been revised several times. 

Each iteration has complied with the approved Master Plan. The most recent version of the 

approved Site Plan is provided as Attachment 2. 

Necessary utility, drainage, road and access easements and dedications are included as part of the 

plat. 

This plat has been reviewed by a Licensed Land Surveyor, Engineering and PZAB for conformance 

with the approved Master and Site Plans, Wellington Land Development Regulations and applicable 

codes. Based upon this review, the plat is in conformance with these requirements and therefore is 

recommended for approval.





RECOMMENDATION: Approval of Resolution R2012-39 accepting and approving the Village 

Green Center Plat.


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

RESOLUTION NO. R2012-39 

A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL 

ACCEPTING AND APPROVING THE VILLAGE GREEN 

CENTER PLAT FOR A 15.899 ACRE PARCEL LYING IN 

SECTION 13, TOWNSHIP 44 SOUTH, RANGE 41 EAST, 

VILLAGE OF WELLINGTON, PALM BEACH COUNTY, 

FLORIDA, BEING A REPLAT OF TRACTS “C-1” AND “C-2”, 

LANIER PROPERTY, AS RECORDED IN PLAT BOOK 108, 

PAGES 75-91, PUBLIC RECORDS OF PALM BEACH COUNTY, 

FLORIDA. 

WHEREAS, the proposed Village Green Center Plat being a plat of a 15.899 

acre tract lying in Section 13, Township 44 South, Range 41 East, Village of Wellington, 

Palm Beach County, Florida, (Exhibit A – Village Green Center Location Map) has been 

reviewed and found to be consistent with the preliminary plat approval for Technical 

Compliance; and 

WHEREAS, all necessary dedications and fees have been supplied to the Village 

of Wellington; and 

WHEREAS, the Engineering Department recommends that Council accept and 

approve the proposed plat. 

NOW, THEREFORE, BE IT RESOLVED BY WELLINGTON, FLORIDA’S 

COUNCIL that: 

SECTION 1. The foregoing recitals are hereby affirmed and ratified as being true 

and correct. 

SECTION 2. The Wellington Council hereby accepts and approves the Village 

Green Center Plat, a copy of which is attached (Exhibit B – Village Green Center Plat), 

and hereby authorizes the Mayor and Clerk to execute the plat to be recorded, subject 

to and conditioned upon the requirements of Article 8 of Wellington’s Land Development 

Regulations. 

SECTION 3. Upon recordation of the plat, any prior plat encompassing this 

property or pre-existing subdivision of this property shall be automatically and 

simultaneously vacated and annulled. 

SECTION 4. This Resolution shall become effective immediately upon adoption. 

PASSED AND ADOPTED this ___ th day of ________, 2012.


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

ATTEST: 

By: ____________________________ 

Awilda Rodriguez, Wellington Clerk 

APPROVED AS TO FORM 

AND LEGAL SUFFICIENCY 

By:_____________________________ 

Jeffrey S. Kurtz, Attorney for Wellington 

WELLINGTON 

By: ______________________ 

Bob Margolis, Mayor


Attachment 1 – Village Green Center Location Map 

Village 

Green 

Center 

SR 7/ 

US 441 

Attachment 1 - Village Green Center 

Location Map 

Stribling Way


Attachment 2 - Village Green Center Site Plan 

Page 1 of 2


Attachment 2 - Village Green Center Site Plan 

Page 2 of 2


Exhibit A – Village Green Center Location Map 

Village 

Green 

Center 

SR 7/ 

US 441 

Exhibit A - Village Green Center 

Location Map 

Stribling Way


Exhibit B - Village Green Center Plat 

Page 1 of 3



Page 2 of 3



Page 3 of 3


Exhibit C- Village Green Center Site Plan 

Page 1 of 2


Exhibit C - Village Green Center Site Plan 

Page 2 of 2


Exhibit D - Surveyors Certificate 

PRM & Revisions 

Page 1 of 4




Page 2 of 4




Page 3 of 4




Page 4 of 4


Exhibit E - Village Green Center 

2011 Tax Receipt 

Page 1 of 2


Exhibit E - Village Green Center 

2011 Tax Receipt 

Page 2 of 2


Exhibit F - Village Green Center 

Technical Compliance Letter 

Page 1 of 4




Page 2 of 4




Page 3 of 4




Page 4 of 4


Exhibit G - Acknowledgement of Responsibility & Cash Bond 

Village Green Center 

Page1of3




Page 2 of 3




Page 3 of 3


Exhibit H - Surveyors Compliance with 

FL Statutes 177

Wellington Council Meeting June 26, 2012 Exhibit I - Declaration Page of 115 Covenants 

of 278 

and Restrictions - DRAFT












6. C 



AGENDA ITEM NAME: MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF 

APRIL 24, 2012 





FIRST READING 


REQUEST: Approval of the Regular Wellington Council Meeting of April 24, 2012. 

EXPLANATION: Attached for Council’s review and approval are the Minutes of the Regular 

Wellington Council Meeting of April 24, 2012. 




RECOMMENDATION: Approval of the Regular Wellington Council Meeting of April 24, 2012.


MINUTES 

REGULAR MEETING OF THE 

WELLINGTON COUNCIL 

Wellington City Hall 

12300 Forest Hill Blvd. 

Wellington, Florida 33414 

Tuesday, April 24, 2012 

7:00 p.m. 

Pursuant to the foregoing notice, a Regular Meeting of the Wellington Council was held on Tuesday, 

April 10, 2012 commencing at 7:00 p.m. at Wellington City Hall, 12300 Forest Hill Boulevard, 

Wellington, FL 33414. 

Council Members present: Bob Margolis, Mayor, Howard K. Coates, Jr., Vice Mayor, Matt Willhite, 

Councilman, Anne Gerwig, Councilwoman and John Greene, Councilman. 

Advisors to the Council: Paul Schofield, Manager, Jeffrey S. Kurtz, Esq., Attorney, Awilda Rodriguez, 

Clerk, John Bonde, Deputy Manager, Francine Ramaglia, Assistant Manager, and Jim Barnes, 

Director of Operations, 

1. CALL TO ORDER – Mayor Margolis called the meeting to order at 7:00 p.m. 

2. PLEDGE OF ALLEGIANCE – Ryan Greene led the Pledge of Allegiance. 

3. INVOCATION - Rev. Rainer Richter, St. Peter's United Methodist Church, Wellington, delivered 

the Invocation. 

At this time, Councilman Greene honored two special guests, his Mom and Dad, who were visiting 

from St. Louis. 

4. APPROVAL OF AGENDA 

Mr. Schofield presented the Agenda for approval recommending the following amendments: (1) move 

Consent item 6E: AC2012-03 (Access Easement Agreement for the Hunter's Chase subdivision) to 

the Regular Agenda as item 8G due to a conflict by a Councilmember; (2) move Consent item 6F: 

Resolution No. R2012-30 (Four Four One Partners Medical Arts District Annexation Agreement) to the 

Regular Agenda as item 8H; (3) several minor amendments to items on the Consent Agenda: Item 

6D: Authorization to Renew the Annual Pathway and Minor Construction Contract for various projects 

- page 100, change West Construction from a western communities company to Palm Beach County 

as their headquarters are located in Lake worth; and add to the list of proposed expenses on page 

102, a project for a sidewalk between Paddock Drive and Greenview Shores at an expected cost of 

$28,000; and (4) for Regular Agenda item 8E, the direction should be changed to: Establish 

Regulations Governing Civil Aviation Operations and not General Aviation operations. 

Mr. Schofield noted that there were two postponements being requested on the Public Hearings 

agenda; however motions to postpone would be required at the time the agenda items were read: 

Council request to postpone Public Hearing item 7B - Ordinance No. 2012-10 (Wellington Charter 

School Comprehensive Plan Amendment) to the May 8 th Regular Council Agenda; and a request was 

1


received from the applicant to postpone Public Hearing item 8C: Ordinance No. 2012-01 (Equestrian 

Village Comprehensive Plan Text Amendment) to the May 22 nd Regular Meeting. 

A motion was made by Vice Mayor Coates, seconded by Councilman Willhite, and 

unanimously passed (5-0) approving the Agenda with the following amendments: 1) Move 

Consent item 6E: AC2012-03 (Access Easement Agreement for the Hunter's Chase 

subdivision) to the Regular Agenda as item 8G due to a conflict by a Councilmember; (2) 

Move Consent item 6F: Resolution No. R2012-30 (Four Four One Partners Medical Arts District 

Annexation Agreement) to the Regular Agenda as item 8H; (3) several minor amendments to 

items on the Consent Agenda: Item 6D: Authorization to Renew the Annual Pathway and 

Minor Construction Contract for various projects - page 100, change West Construction from 

a western communities company to Palm Beach County as their headquarters are located in 

Lake worth; and add to the list of proposed expenses on page 102, a project for a sidewalk 

between Paddock Drive and Greenview shores at an expected cost of $28,000; and (4) Change 

Regular Agenda item 8E to read: Establish Regulations Governing Civil Aviation Operations 

from General Aviation Operations. 

5. PRESENTATIONS AND PROCLAMATIONS 

6. CONSENT AGENDA 

A. MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF FEBRUARY 28, 

2012, MARCH 13, 2012, AND MARCH 27, 2012 

B. AUTHORIZATION TO AWARD CONTRACTS FOR DEBRIS MANAGEMENT SERVICES 

C. AUTHORIZATION TO RENEW CONTRACTS FOR THE SUPPLY AND DELIVERY OF 

SHELLROCK 

D. AUTHORIZATION TO RENEW THE ANNUAL PATHWAY AND MINOR CONSTRUCTION 

CONTRACT FOR VARIOUS PROJECTS 

E. RESOLUTION AC2012-03 (ACCESS EASEMENT AGREEMENT FOR THE HUNTER'S 

CHASE SUBDIVISION): A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL, 

ACTING AS THE BOARD OF SUPERVISORS OF THE ACME IMPROVEMENT DISTRICT, 

GRANTING A NON-EXCLUSIVE, PERPETUAL EASEMENT TO SF LAND HOLDINGS, 

LLC, TO PERMIT PEDESTRIAN AND VEHICULAR ACCESS, INGRESS AND EGRESS 

TO, FROM AND OVER THE C-7 CANAL RIGHT-OF-WAY, LYING IN SECTION 15, 

TOWNSHIP 44 SOUTH, RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA; AND 

PROVIDING AN EFFECTIVE DATE. MOVED TO THE REGULAR AGENDA 

F. RESOLUTION R2012-30 (FOUR FOUR ONE PARTNERS MEDICAL ARTS DISTRICT 

ANNEXATION AGREEMENT): A RESOLUTION OF WELLINGTON, FLORIDA’S 

COUNCIL APPROVING THE AGREEMENT WITH FOUR FOUR ONE PARTNERS FOR 

ANNEXATION INTO THE WELLINGTON MEDICAL ARTS DISTRICT; AND PROVIDING 

AN EFFECTIVE DATE. MOVED TO THE REGULAR AGENDA. 

Mr. Schofield presented the Consent Agenda recommending approval as amended. 

A motion was made by Councilman Willhite, seconded by Vice Mayor Coates and unanimously 

passed (5-0) approving the Consent Agenda as amended. 

2


7. PUBLIC HEARINGS 

A. ORDINANCE NO. 2012-10 (WELLINGTON CHARTER SCHOOL COMPREHENSIVE 

PLAN AMENDMENT): AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL; TO 

AMEND CONDITIONS OF THE COMMUNITY COMMERCIAL FUTURE LAND USE MAP 

DESIGNATION FOR CERTAIN PROPERTY KNOWN AS WELLINGTON CHARTER 

SCHOOL (FKA WELLINGTON DESIGN CENTER), TOTALING 8.35 ACRES, MORE OR 

LESS, LOCATED APPROXIMATELY ONE MILE SOUTH OF FOREST HILL BOULEVARD 

ON THE EAST SIDE OF STATE ROAD 7, AS MORE SPECIFICALLY DESCRIBED 

HEREIN; AMENDING THE USE CONDITIONS TO ALLOW A 1,200 STUDENT GRADES 

K–8 PRIVATE SCHOOL TOTALING 75,000 SQUARE FEET AND 15,000 SQUARE FEET 

DAY CARE CENTER; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 

CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 

Mr. Schofield introduced the agenda item. He said that a motion was in order to postpone Ordinance 

No. 2012-10 to time certain, May 8, 2012. 

A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, and 

unanimously passed (5-0) postponing the hearing of Ordinance No. 2012-10 to a time certain 

date of the May 8, 2012 Regular Wellington Council meeting. 

B. RESOLUTION NO. R2012-26 (THE EQUESTRIAN CLUB PUD MASTER PLAN 

AMENDMENT): A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING 

A MASTER PLAN AMENDMENT FOR (PETITION NUMBER 2011-47 MPA 5) FOR 

CERTAIN PROPERTY KNOWN AS THE EQUESTRIAN CLUB PUD, CONSISTING OF 

APPROXIMATELY 149.79 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF 

120TH AVENUE AND ON THE NORTH SIDE OF LAKE WORTH ROAD, AS MORE 

SPECIFICALLY DESCRIBED HEREIN, TO REDESIGNATE A 5.1 ACRE PARCEL 

(TRACT J-1) FROM A COMMUNITY EQUESTRIAN WORKOUT AREA TO ONE SINGLE 

FAMILY DWELLING UNIT WITH EQUESTRIAN USES, INCREASING THE RESIDENTIAL 

UNITS FROM 148 DWELLING UNITS TO A TOTAL OF 149 DWELLING UNITS; 

PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND 

PROVIDING AN EFFECTIVE DATE. 

Mr. Schofield introduced the agenda item and read the resolution title. He announced that Mr. David 

Flinchum would be making the presentation. 

At this time, Vice Mayor Coates disclosed that he had to recuse himself from this matter. He then left 

the dais. 

Mr. Flinchum stated that this was a request by the Equestrian Club PUD for a master plan 

amendment. He noted that the applicant was Grand Prix Farms Inc.; the Agent was Julian Bryan and 

attending the meeting was John Metzger, McDonald Hopkins. He presented a PowerPoint 

presentation showing Equestrian Club Estates (in maroon on the left); the proposed Equestrian 

Village Dressage project (in blue at the northeast corner of Pierson and South Shore) and the item 

being presented was shown in yellow in the lower right which is the Equestrian Club PUD at the 

northwest corner of 120 th and Lake Worth Road. Mr. Flinchum explained that the applicant was 

requesting a master plan amendment to amend the approved use of a 5.1 acre parcel known as Tract 

J1 from a previously designated Community Equestrian Workout area to a single family lot with 

equestrian uses. He noted that this change would increase the Equestrian Club PUD by one unit 

3


bringing it to a total of 149 units. Mr. Flinchum showed Council an aerial prepared in color showing 

the area of the PUD that had been developed as 138 estate-sized properties on 1/3 acre lots. This 

area included a platted bridle trail around them and they were deep enough to accommodate a small 

stable, but none of the stables have been built. He noted that on the west side (yellow) were ten 

ranchette lots noting that tract J1 was marked with a white star. He informed Council that at the first 

Planning, Zoning and Adjustment Board meeting, staff received some inquiries from the residents and 

from people who asked for clarification after seeing the yellow signs. Mr. Flinchum stated that initially 

the Planning, Zoning & Adjustment Board heard this item at the April 4 th meeting, and two adjacent 

property owners who supported the project were in attendance at the meeting. He further stated that 

Wellington has received three letters from the internal HOA all supporting the project. Mr. Flinchum 

pointed out that the item was referred back to the Equestrian Preserve Committee for review at their 

April 11 th meeting and the project was unanimously supported (6-0). He noted that later that evening, 

the Planning, Zoning and Adjustment Board met and again unanimously approved the project by a 

vote of 6-0. Mr. Flinchum announced that Mr. John Metzger was the applicant’s attorney who would 

address Council. 

Councilman Willhite said that this particular neighborhood has always raised a question to the Village 

staff and Council as to what it is in this location. He said that he understood that at the inception and 

creation of the neighborhood, the Equestrian Overlay Zoning District had not yet been put in place; 

however, it is in that District and the expectation was that it would be equestrian oriented. He noted 

that there was a complete demarcation line between what he believed to be cluster housing and an 

open equestrian area. Councilman Willhite felt that this was an infringement on more open space in 

the Equestrian Overlay Zoning District and that this parcel and land was set aside because there was 

cluster housing in the eastern portion of the neighborhood. He said that when this development had 

previously been discussed, he said that he had made the argument that the bridle trails should be 

around each home who lived in this equestrian area so that they could connect to the amenities which 

was the open space designated for horses. He felt that this was more of an effort to add more 

housing/cluster housing into what was designated as open space for this development. Councilman 

Willhite said that because that is his feeling and because of its appearance, he would not be 

supporting the item. 

At this time, Mr. Kurtz announced that this was a Quasi-Judicial hearing explaining that those people 

who would be speaking on this issue had to be sworn in. In addition, he asked Council to disclose any 

ex-parte communications they had relative to this matter. 

Mr. Kurtz administered the oath to those people who indicated they would be speaking on this item. 

Ex-Parte Communications 

Mayor Margolis: 

Councilman Willhite: 

Councilwoman Gerwig: 

Councilman Greene: 

Disclosed that he had not spoken with any outside people. 

Disclosed that he had only spoken with staff during the Agenda Review. 

Disclosed that she had only spoken with staff during the Agenda 

Review. 

Disclosed that he had only spoken with staff during the Agenda Review. 

Mayor Margolis was of the opinion that this would remove some open space from the Village of 

Wellington, and asked if they would be setting a precedent by doing this. In response, Mr. Flinchum 

said that it would not set a precedent explaining that they would review these on a case-by-case 

basis. He further explained that in order to get approval, the project would have to be surplus space, 

staff would review the history and ensure that the internal HOAs are in support before it would even 

be brought to public hearings. 

4


Mr. John Metzger announced that he was present on behalf of the petitioner, Grand Prix Farms, Inc. 

He hoped that he could clarify some misunderstanding about this project and hopefully gain Council’s 

support because he felt that this was a very pro-equestrian change. He explained that contrary to 

Council belief, this area was not intended to be open space and the equestrian part of this 

development contrary and it would not be an encroachment of residential use into the ranchette 

section. Mr. Metzger further explained that this is intended to be an expansion of the equestrian use 

that is in the ranchette section and to take what is presently there to encourage the equestrian use in 

the community as opposed to the smaller lots to the east which are too small for any real equestrian 

use. He pointed out that the larger lots to the west were always intended to be the real equestrian 

uses. Mr. Metzger pointed out that Tract J1 was never intended to be open space. He said that there 

is a 17-acre equestrian use restriction that has been placed over the ranchette lots that has to always 

remain as open space for equestrian use which was different from the Tract J1. Mr. Metzger 

explained that Tract J1 was not within the equestrian use restriction which was along the back side of 

the development. He further explained that at one time this area was planned to be a polo field 

concept which didn’t work and was subsequently changed to the current concept which was more 

amenable to dressage and hunter jumper use with the 2.5 – 5.0 acre lot sizes. He said that the 

equestrian use restriction still existed there and wasn’t being modified or amended and would remain 

in place, but Tract J1 was originally envisioned as being a community recreation facility where they 

would built barns and stalls for rent. Mr. Metzger explained that over time what has occurred is that 

the residents in the ranchette section don’t want to stable their horses in a common community facility 

because of the horse’s value and instead want to keep them in their own stalls on site. Mr. Metzger 

said that none of the people in the ranchette ever wanted to use the community-type barn as was 

originally envisioned. He said that the reason they are requesting a single family dwelling unit is that 

when you build the large equestrian facility it typically has a residential component to it, but the intent 

was not to create a single family home that encroached the residential into the ranchette section, but 

to expand that section and build a large luxury stable facility. Mr. Metzger pointed out that Mr. Steve 

Elliot, the interest buyer, was in the audience and he could explain his intentions. He further noted 

that Mr. Elliot had previously been an owner of lot 3 in the ranchette section and built a dressage 

facility that presently exists; however, he then left the community and now wanted to return and have 

a larger lot. Mr. Metzger said that the problem with the community barn concept was that where it had 

been envisioned to be a rental facility for owners and guests, it was something that the residents of 

the community don’t want, and this arrangement is something that everyone has agreed to. He noted 

that also in attendance was a member of the Board of the residential property owners association who 

could answer questions about their support. Mr. Metzger reiterated that they were not losing any 

equestrian use, but instead would expand it and the only reason it had the additional density unit was 

so the residential component could be part of that facility. 

Councilman Greene said that originally this parcel was part of the Planned Unit Development that had 

been approved to be built ten years ago. Mr. Metzger responded affirmatively and said that the 

Planned Unite Development was still in place. Councilman Greene continued stating that the J1 

parcel was intended for the residents to use as open space where there would be stables. Mr. 

Metzger explained that the original development concept did not have this parcel, but it was the South 

40 Polo concept and that it was modified several years later because that concept didn’t work. He 

noted that the polo field was eliminated and was made where the equestrian restriction is which is the 

open space component; however, this parcel was never intended to be open space. Mr. Metzger 

said that this was always intended to be a facility for use by the ranchette lot section and the 

dedication was to the sub-association for the ranchette lots and not for the residential section. He 

explained that because there is a residential and equestrian part of the development, they did not 

want the equestrians to be dominated by the residential people and would get outvoted on things 138- 

10. Mr. Metzger said that there were two associations where the equestrian control their own fate as 

5


to use and architectural restrictions, and the residential has its own sub-association where they 

separately govern their use restrictions. He said that tract J1 was always part of the ranchette section 

and was to be used by the owners in that section; however, it was agreed that it was ever built; 

residents from the residential side could stable their horses there on a for-rent basis. Mr. Metzger 

said that what had occurred is that over the past 10 years, there are 100 stalls in the ranchette 

section; however, although there are ample stalls available for rent, no one from the residential 

section has ever wanted to rent a stall because they don’t have any horses. He said that no one was 

going to build another facility when there was no demand for any stalls. 

Councilman Greene asked if the 138 residents in the eastern portion of the Equestrian Club supported 

the conversion. Mr. Metzger responded affirmatively noting that several Town Hall meetings with the 

residents were held on site where the proposals were reviewed. He said that over several years, they 

worked out an arrangement to obtain their support noting that one of the board members was present 

to speak to that issue. Mr. Metzger said that they also provided letters of support from all of the 

associations. He pointed out that they have not had any objections to this throughout the process. 

Councilwoman Gerwig said that she wanted to hear staff say that this was not dedicated to the 

eastern portion. Mr. Flinchum said that Mr. Metzger’s history of the project was factual as he had had 

been involved since the inception of the project. He noted that he was involved when this came back 

before the Village the second time. Mr. Flinchum pointed out that the previous master plan showed 

the shared polo open area in the northwest portion of the development. Councilwoman Gerwig said 

that the residents would have the opportunity to rent barns if they were built in that area which was the 

extent of their expectation when they bought in that area. She asked if it was correct that there were 

no equestrians living in that area who are renting stalls in this area. Mr. Metzger said that was 

correct. 

Councilman Willhite asked if the expectation was that the homeowners to the east were to utilize the 

open polo fields. Mr. Flinchum said that the original master plan was shown to be an open polo field. 

Mr. Metzger stated that it was always intended to be a private polo field, but originally it was such that 

the lot lines did not go in the middle. He said that when people looked at it, they were astonished to 

see the price per acre which was doubled from everywhere else because it would have a 

proportionate ownership of the polo field as part of the club which became a marketing problem. He 

said that the polo concept didn’t work which is when it was switched to a dressage/hunter jumper 

concept and the lot lines were extended into what was originally the polo field so that the lots were 

larger and the price per acre was more in line with the rest of the market. Mr. Metzger reiterated that 

it was never an open space or intended to be used by the community as large as it was intended to be 

private. He noted that it was only the owners in the ranchette section (10 equestrian lots) that would 

have had any right to use the polo field. He noted that the residential area always had the right to 

utilize the bridle trails around the exterior property and the lots surrounding the trails were oversized 

from the other residential lots so that they could put a one or two stall barn in their yard; however, to 

date, no one has constructed such a barn in the residential side. 

Councilman Willhite asked where the owners of the residential lots that don’t abut the bridle trail would 

keep their horses. In response, Mr. Metzger said if the residents wanted to house their horses inside 

the community, they would have to go to one of the owners of the stables in the ranchette section and 

rent a stable. Councilman Willhite said that the developer, who he noted hadn’t made any 

improvements to this parcel of property, was to allow the owners to do something in an equestrian 

neighborhood, they would have to have a place to keep their horse and that parcel would have been 

the location to make the improvements to allow them the ability to do that. He said that perhaps it 

was a marketing tool to call it an equestrian development at the time; however, they did not make it 

available to all of the residential lots to really be an equestrian-related neighborhood. Councilman 

6


Willhite said that he considers this cluster housing because it is not an equestrian neighborhood if the 

people in the middle of the community can’t keep their horses anywhere. He said that his 

expectation was that this was to be an open space to be utilized by the people who lived in that area. 

Mr. Metzger said that what they were proposing was to have further additional availability of stables 

within the community. He noted that there were stables for rent within the community; however, no 

one in the community has expressed any desire to lease them. Councilman Willhite thought that if 

someone else moved into that community in the future, they would not be afforded that opportunity 

and would have to find a place to privately house their horse. He felt that this should have been an 

improved open space area and utilized by the neighborhood. Mr. Metzger reiterated that parcel was 

never approved for open space. Councilman Willhite then asked what was the underlying intent for 

the use of that property. Mr. Metzger pointed out that there was never any requirement that the 

developer do anything on this lot noting that it was envisioned to be an amenity for the owners in the 

ranchette section. He said that the developer agreed that if it was ever built, then the sub-association 

for the ranchette section, to the extent stables were available, would allow residents in the eastern 

section of the property to utilize it, but only upon payment, rent, membership or whatever concept was 

developed. 

Councilman Willhite believed that a barn was an open space amenity which provides the residents in 

the residential lots the ability to rent a stall to keep their horse in their own neighborhood. 

Councilman Greene requested to see a copy of the master plan from ten years ago because he 

recalled when the model homes/sales office were built that there was an area for the estate section on 

the eastern portion to have a place to have horses if they chose to keep this as an equestrian 

community. Mr. Metzger thought there might be some confusion as to the ability to put stables in the 

lots along the bridle trail along the border of the project as it was also intended that the residents 

could have a horse and utilize the trail. He noted that the resolution specifically stated that J1 was to 

be a community recreational facility for the sub-association, but to the extent that the stalls were 

available, that they would allow residents in the eastern part to use them upon rent or whatever the 

association would charge. Mr. Metzger said that it wasn’t supposed to be the primary way that a 

resident in the residential section could have a horse. 

Councilman Greene read a section from Resolution No. R2002-101, under Section 1, Paragraph 5: 

“Petitioner shall ensure that the equestrian facilities located on parcel J1 in the western portion of the 

project are available for use by the owners of property in the eastern portion of the project through 

membership, ownership, leasing or other methods.” He said that parcel J1 was dedicated for use by 

the residents in the eastern portion of the Equestrian Club. Mr. Metzger explained that it was 

dedicated to the association for the ranchette lots. 

Councilman Willhite compared living in this equestrian community to living in a neighborhood like the 

Aero Club where even though homes might not be on the runway, there is an available space for tiedowns. 

He said that when he looks at this area, the interior lots still have an available space to be 

involved in an equestrian community which is the J1 parcel. He felt that by allowing this, they would 

be removing a potential equestrian amenity to a future buyer of one of the internal lots in the eastern 

section. 

Councilwoman Gerwig said that she understood Mr. Metzger to say that the perimeter lots in the 

eastern portion were deeper and if someone wanted to get a horse, they could put a stable on their lot 

and ride it around the perimeter area. She said that she understood that the name Equestrian Club 

Estates is a problem; however, she pointed out that her house sits on a 1 ¼ acre lot in Paddock Park 

which also has an equestrian connotation; however, she is not allowed to have a horse. She felt that 

the name issue was one thing that was difficult to defend by the historical actions of the Council and 

7


the fact that there is no opposition for this change from the homeowners. She said if someone 

wanted to purchase a home in that neighborhood and they wanted a horse, they would not buy one of 

the interior lots and if they did, they would make arrangements to rent a stable in the western half. 

Councilwoman Gerwig said that there were other stables located in the western horse that lease out 

stalls. Mr. Metzger said that was correct. Councilwoman Gerwig said that the original concept was 

for Polo; however, that never occurred and it evolved into the smaller uses. She said that she could 

support this item based on the fact that it is still equestrian and even more so with this proposal as 

well as there has been no opposition to this. 

Councilman Greene referred to Item 6 which stated that “Parcel J1 shall be restricted for use as a 

community recreation facility accessible to the residents and guests of the Equestrian Club PUD only. 

Additionally petitioner shall provide a restrictive covenant that those portions of the ranchette lots that 

are encumbered by the equestrian use area restriction shown on the plat shall not contain any 

residences, barns, stables or other buildings…” He said that his interpretation was that parcel J1 was 

clearly dedicated for common use for the residents of Equestrian Club Estates. Mr. Metzger noted 

that was the equestrian use area. Mr. Kurtz said that was the center area and was not J1. He said 

that particular section refers to what used to be the polo field concept and they were going to keep the 

polo field relatively open and not encumber that with barns. He did not believe there was a prohibition 

with a barn on J1. 

Public Hearing 

A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig and unanimously 

passed (4-0) to open the Public Hearing. Vice Mayor Coates had recused himself and was out of the 

room. 

At this time, Mr. Kurtz administered the oath to those people who had not been sworn in. 

1. Mr. Bart Novack. Mr. Novack said if this area was supposed to be common property, he believed 

that the people deserved to be refunded the money because they paid a premium to have this lot. 

He then spoke about the equestrian meeting that was held the previous evening where he said 

the people were not being listened to. 

2. Mr. Steve Elliott, 2711 Twin Oaks Way. Mr. Elliott said that he was attempting to purchase lot J1 

for the development of an equestrian facility. He said that he had previously owned lot 3A which 

was only a 2.7 acre lot, but he needed a bigger lot. He said that they sold their lot and their hope 

was to build a similar equestrian facility on the larger lot. He said that he had an elevation plan 

with him and noted that it was typical of what was being built in that area. He said that he was 

available to answer Council’s questions. 

Councilman Greene asked Mr. Elliott what was his understanding of what the land was to be used for 

when he originally purchased the property in that area. In response, Mr. Elliott said that they 

purchased lot 3A and understood that J1 was an amenity of the ranchette portion and not the 

residential portion. He said that they did not know what would be placed on that lot except perhaps a 

barn that would be similar to the barns that they had on 3A. Councilman Greene asked Mr. Elliott if 

that lot was not available for him to purchase at that time. In response, Mr. Elliott said that it may 

have been available; however, that inquiry was not made as they thought that 3A was what they 

needed; however, it did not turn out to be large enough. 

Mr. Kurtz then administered the oath to Ms. Simonds who had not been sworn in. 

8


3. MaryAnn Simonds, 1750 12 th Fairway. Ms. Simonds stated that she works nationwide with 

developers and has done a number of surveys on eco-developments and turning defunct 

communities into lots that can sell. She said that there was a high demand for smaller cluster 

homes that have availability for stabling. Ms. Simonds said that some of the communities that do 

the best are master planned smaller lot communities with community barns. Although she 

empathized with the residents that currently live in that community, she concurred with Council 

about the importance of looking at future planning. She said that there appeared that some areas 

were not marketed properly when they were called equestrian and then were ultimately changed. 

Ms. Simonds said that for long term development, smaller lots catering to those people who are 

down-sizing from the ranches, but who still want community horses are desirable. She noted that 

cluster homes with community facilities were being built in several states. She supported keeping 

the open space for the eastern area as an equestrian option if that was what was marketed. 

4. Joe Marotta, 12239 Equine Lane. Mr. Marotta said that he is the Secretary and Treasurer of the 

Master Board of the Equestrian Club, and is also a resident of the eastern portion of the 

community. Mr. Marotta said that they supported all of Mr. Metzger’s statements. He said that the 

Association has been in very close contact with the residents on this matter noting that they have 

discussed the replatting of the J1 parcel to a ranchette lot. He said that this parcel has been 

sitting as an undeveloped lot in their community for almost ten years. Mr. Marotta said that from 

the Association’s perspective, who represent the residents of the community, believe that the 

agreement that they have reached with the Grand Prix Association is a fair one which they 

support, and they don’t want to continue having an empty lot. He said that this lot is just grass 

surrounded by a fence and to have a stable home built on this lot is very desirable from a property 

value perspective, it fits in with the other homes adjacent to it, and the residents have not 

expressed any interest in using this as an equestrian facility. Mr. Marotta said that they have 

discussed what they should do with this lot this since 2007. He said that the Association’s thinking 

is if they build a stable home they will be able to collect an assessment which the residents 

support and which is good for the overall community. He said that those assessments could be 

used for things that are needed in both sides of the neighborhood. 

Mayor Margolis referred to Mr. Marotta’s statement that the Association supports this project, and 

asked if there had been a formal vote taken by the residents or just from the Board of Directors. In 

response, Mr. Marotta said that in 2007 there was an attempt to get a majority of the residents to 

support this; however, they did not get the majority not because people said no, but because some 

were disinterested. He said that there were two attempts made in 2007 to get 2/3 of the community to 

vote and since there wasn’t enough, the Board at that time, voted on what to do with the lot. He said 

that there were residents in attendance at that meeting, and the majority of those residents agreed 

with the Board that the agreement should go forward. Mayor Margolis said that his understanding 

was that the Association had not taken a vote of the residents since 2007 and the votes prior to that 

didn’t result in a majority. He said that the recommendation they were moving forward with was not 

based on the general membership, but on the Board of Directors. Mr. Marotta said that it was based 

on the Board of Director’s approval in 2007, but there was no recent vote. He said that they have 

recently put out information as to what they wanted to do to every resident (148 homes), and he felt 

that if there was going to be opposition, it would have come forward. Mr. Marotta further stated that 

most residents feel that it is beneficial to build on this empty lot in order to collect an assessment, 

build a stable home and to have something that is compatible with the ranchette lots. 

Councilwoman Gerwig asked Mr. Marotta if there was any opposition to this in 2007. Mr. Marotta said 

that he was not on the Board at that time; however, his understanding from the President was that 

there was no opposition at that time. Councilwoman Gerwig said that there was no opposition at this 

time that Mr. Marrotta was aware of also noting that Wellington had received no opposition. Mr. 

9


Marotta said that they have received questions from residents. He said that the Village’s process was 

to send certified letters to all of the residents which raised awareness, and the entire community was 

shaded in the map which raised questions. Councilwoman Gerwig questioned whether the trails on 

the eastern half were being maintained by the HOA. Mr. Marotta responded affirmatively explaining 

that the bridle trail wraps around the entire community and is part of the common areas maintained by 

the HOA. 

5. Ryan Copple. Mr. Copple announced that he was the attorney for the Wellington Equestrian Club 

Master Association as well as the Community Association. He said that this has been an empty 

lot within the community’s PUD for the past ten years. He said that the community does not 

receive any benefit from it in its current form. He further stated that by allowing it to transform into 

what has been proposed, will allow the association to obtain an additional assessment. Mr. Copple 

said that there has been no interest expressed to use this as an equestrian facility. In addition, he 

said that to the best of his knowledge, there was no opposition to the proposal. He said that the 

Association’s Board sent letters to the residents of that community advising them of the meeting 

and what was being proposed as well as certified letters by the town, and there have been no 

opposition. Mr. Copple said that they would like the lot to be put to good use so that there is a 

benefit to the residents. He reiterated that the lot is empty at this point, and there could be 

something there to allow the private residents with the ability to rent out stables from the owner 

which he understood to be the case. He said that both the Master Board and the Residents’ 

Board were in support of this. Mr. Copple said that there were some concerns raised by Council 

that the interior homes wouldn’t have the ability to use the stabling or have the ability to house 

their horse somewhere. He said that with the ranchette lots having the ability to lease out stables 

like they currently do, that ability will be there. He further noted that any future purchasers in the 

community will have knowledge of the existing rules regulating the association and will know 

exactly what their rights are relative to horses. Mr. Copple said that someone could purchase a 

house on the exterior of the community and even an interior home would have the ability to utilize 

a ranchette stable. Based on the fact that the lot is lying vacant and there is no opposition to their 

knowledge, he requested that Council approve the measure. 

Councilman Greene said if the claim was that this was always to be part of the ranchette lots, he 

questioned why they would feel compelled to ask and notice the 138 residents on the eastern portion. 

In response, Mr. Copple said that everyone was noticed explaining that whenever someone gets a 

certified letter from the Village they will want to know what is going on so they wanted to put them on 

notice as to what was being proposed and what was happening in the community. He said that they 

did receive some questions when they received the certified letter. Councilman Greene asked if they 

were recent certified letters. Mr. Copple said that they went out approximately a month ago. 

Councilman Greene asked if staff received any opposition. In response, Mr. Flinchum said that staff 

only received calls asking for information, but no opposition. 

Councilman Willhite read the following card into the record: 

1. Linda Elie. Ms. Elie was opposed to the reduction of green space by a residence. 

At motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, and unanimously 

passed (4-0) to close the Public Hearing. Vice Mayor Coates had recused himself and was out of the 

office. 

Councilman Willhite referenced page 182 and read item #2 “the following uses are approved: (b) 5.1 

acre community equestrian work out area parcel J1.” He thought that was clear that it is a community 

parcel of property specifically identifying J1 to be utilized for the community. He said that although he 

10


understood and appreciated that the parcel was vacant, there hadn’t been any benefit to it. He felt 

that the onus was on the developer who created this and had the idea to use it as a community 

equestrian work out area to make improvements to that parcel and maintain it for the equestrian use 

of the residents. Councilman Willhite said that although the petitioner could say that wasn’t the use for 

that property, he felt that the information about its use was too compelling. He believed that these 

people had purchased in this community with an equestrian amenity, and he wasn’t going to support 

removing that. 

Councilwoman Gerwig asked staff who was the current owner of the property. Mr. Metzger explained 

that parcel J1 was still owned by the developer noting that it was dedicated on the plat, but it was 

never conveyed over to the sub-association. He said that the sub-association has disclaimed any 

interest, and every homeowner in the ranchette lot section has also disclaimed any interest in it. 

Councilwoman Gerwig said that since no one wants to maintain it, it has to be maintained by 

someone. She said that this is now becoming a maintenance issue for the HOA and they have no 

desire to do that. Mr. Metzger explained that the property was being sodded and mowed, but there is 

no nor was there ever an obligation of the developer or the sub-association to build any facility and if 

one was built, none of the residents want to spend the money to maintain it. Councilwoman Gerwig 

asked Mr. Metzger if it was possible to ride a horse on that property. Mr. Metzger said that it would 

not be possible because it is fenced and there was no facility there. With regard to the comment made 

that they would be taking something away from the residents, he felt that it would in fact be giving 

something back to them. He explained that part of the agreement with the Master Association is to 

make a contribution to them once this lot is developed as a private equestrian facility. 

A motion was made by Councilwoman Gerwig approving Resolution No. R2012-26 as 

presented. The motion died for a lack of a second. 

A motion was made by Councilman Willhite, seconded by Councilman Greene, and passed (3- 

1) with Councilwoman Gerwig dissenting to deny Resolution No. R012-26 as presented. Vice 

Mayor Coates had recused himself. 

C. ORDINANCE NO. 2012-01 (EQUESTRIAN VILLAGE COMPREHENSIVE PLAN TEXT 

AMENDMENT): AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, 

APPROVING COMPREHENSIVE PLAN TEXT AMENDMENTS PETITION NUMBER 2011- 

033 CPTA ALSO KNOWN AS EQUESTRIAN VILLAGE COMPREHENSIVE PLAN TEXT 

AMENDMENTS TO AMEND LAND USE ELEMENT POLICY 1.3.7 THAT LIMITS 

BUILDING HEIGHT TO 35 FEET OR LESS IN ALL LAND USE CATEGORIES, TO ADD 

AN EXCEPTION FOR HOTELS WITHIN THE EQUESTRIAN PRESERVE AREA WITH A 

COMMERCIAL RECREATION LAND USE DESIGNATION IN A PLANNED 

DEVELOPMENT, AMEND POLICY 1.3.14 COMMERCIAL RECREATION IN THE 

EQUESTRIAN PRESERVE AREA TO INCREASE MAXIMUM ALLOWED BUILDING 

COVERAGE FROM 10% TO 15% AND INCREASE MAXIMUM ALLOWED FLOOR AREA 

RATIO (FAR) FROM .10 TO .15 AND IN THE EQUESTRIAN ELEMENT TO AMEND 

OBJECTIVE 1.1.C TO PROVIDE FOR HOTEL, RESTAURANTS, RETAIL AND OFFICES 

WITHIN THE EQUESTRIAN PRESERVE AREA WITH A COMMERCIAL RECREATION 

LAND USE IN A PLANNED DEVELOPMENT PROVIDED THE HOTEL HAS DIRECT 

ACCESS TO AND LOCATED AT A ROAD INTERSECTION WITH AN ARTERIAL ROAD; 

PROVIDING A CONFLICTS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING 

A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. 

Mr. Schofield introduced the agenda item. He explained that there was a request from the applicant 

to exercise their first option under Wellington’s Land Development Regulation requesting a 30-day 

11


postponement to May 22 nd . Staff was requesting a time certain postponement to the Council meeting 

of May 22, 2012. 


unanimously passed (5-0) to postpone the hearing of Ordinance No. 2012-01 to the Council 

meeting of May 22, 2012. 

Mayor Margolis asked for confirmation that the petitioner had the right to only one postponement. In 

response, Mr. Schofield explained that the applicant is entitled to one postponement of 30 days; 

however, the hearing body, at their election, could grant additional postponements up to a total of six 

months which is totally discretionary on the part of the hearing body which would be Council. 

8. REGULAR AGENDA 

A. RESOLUTION NO. R2012-25 (ZACARRA FARM VACATION/ABANDONMENT): A 

RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, VACATING ANY AND ALL 

INGRESS / EGRESS ACCESS EASEMENT RIGHTS OF ALL PARTIES, INCLUDING THE 

VILLAGE OF WELLINGTON, WELLINGTON PRESERVE CORPORATION AND 

WELLINGTON TRAINING CLUB PROPERTY OWNERS’ ASSOCIATION, INC. (F/K/A 

WELLINGTON PRESERVE MASTER HOMEOWNERS’ ASSOCIATION, INC.) OVER AND 

ACROSS THAT PORTION OF WELLINGTON PRESERVE BOULEVARD 120 FOOT 

INGRESS / EGRESS EASEMENT AS SHOWN ON THE PLAT OF WELLINGTON 

PRESERVE (O.R.BOOK 100, PAGES 180 THROUGH 186, PALM BEACH COUNTY 

RECORDER), ADJACENT TO THE PLATTED LOTS DESCRIBED ON EXHIBIT “A” 

ATTACHED HERETO, EXCLUDING ANY UTILITY OR DRAINAGE EASEMENTS 

CREATED BY THE PLAT AS WELL AS ANY ASSOCIATED ACCESS RIGHTS TO USE 

SUCH UTILITY OR DRAINGAGE EASEMENTS AND PROVIDING AN EFFECTIVE DATE. 

Mr. Schofield introduced the agenda item and read the resolution title. Vice Mayor Coates announced 

that he had to recuse himself from this matter due to a conflict. Mr. Schofield said that this had 

originally been on the Consent Agenda, but was moved to the Regular Agenda so that the 

Councilmember could recuse himself. He further explained that this was a straight-forward 

abandonment to ingress and egress and staff recommended approval. 

Councilman Willhite asked if this took away the Village’s access ability. Mr. Schofield said that it did 

not. 

Councilwoman Gerwig asked if there were utility easements associated with this. In response, Mr. 

Kurtz stated that the utility easements remain in place and the ability was also in place for the utility 

providers to have access to them. 

A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig and 

unanimously passed (4-0) approving R2012-25 as presented. Vice Mayor Coates had recused 

himself and was out of the room. 

B. RESOLUTION NO. AC2012-04 (SECOND AMENDMENT TO THE ORIGINAL TRI-PARTY 

AGREEMENT BETWEEN WELLINGTON AND THE BOYS AND GIRLS CLUB OF PALM 

BEACH COUNTY): A RESOLUTION OF THE BOARD OF SUPERVISORS OF ACME 

IMPROVEMENT DISTRICT, FLORIDA, APPROVING A REVISION REQUESTED BY 

PALM BEACH COUNTY AND APPROVAL BY THE BOYS AND GIRLS CLUB OF PALM 

BEACH COUNTY TO THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN 

12


ACME IMPROVEMENT DISTRICT, PALM BEACH COUNTY AND THE BOYS AND GIRLS 

CLUB OF PALM BEACH COUNTY, INC FOR FUNDING OF THE WELLINGTON 

FACILITY CONSTRUCTION AND AUTHORIZING THE PRESIDENT AND BOARD 

SECRETARY TO EXECUTE THE AMENDMENT; AND PROVIDING AN EFFECTIVE 

DATE. 

Mr. Schofield introduced the agenda item, and read the resolution title. He announced that Mr. 

Barnes would be presenting this item. 

Mr. Barnes explained that this item was the second amendment to a Tri-Party agreement between the 

Boys & Girls Club, Acme/Wellington and Palm Beach County which is based on a funding agreement 

that was approved in 2008 between the three entities. He further explained that the Boys & Girls Club 

has been occupying the facility located at Wellington Community Park on South Shore Blvd. for a 

number of years and has had multiple lease renewals with the Village and Acme for the occupancy of 

that property. Several years ago, the Boys & Girls Club initiated a program to construct the new 

facility on that property. He said that at that time, they moved forward with the design process, and 

through the course of the final design and discussions with the Village staff, they looked at what part 

of that facility would be utilized for the new project. Mr. Barnes said that their final design eliminated 

field #6, and Wellington would have been left with the existing building and the five fields and the new 

facility. Prior to the completion of the final design, the Boys & Girls Club elected, in consultation with 

staff, to look at other potential Village properties that might better suit their programs. He said in 

looking at their current location and the majority of their customers, they were predominantly located 

in other portions of the Village. Mr. Barnes said that in 2011, there were 472 separate customers and 

approximately 65% were Wellington residents. In looking at their client base, it made sense to look at 

other possibilities prior to building another facility at its current location that would (1) afford them the 

ability to handle more clients, and (2) put them closer to their client base within the Village and 

possibly be able to jointly participate with the Village on certain types of programming and also with 

the Safe Neighborhoods staff. He said that at that time, they looked at several properties, one being 

the location on Royal Fern Drive and Forest Hill Blvd as well as the Little Blue Skate Park. Upon 

further discussions and design concepts, it appeared that the Little Blue facility was the more ideal 

location. The relocation to this property was discussed by the Boys & Girls Club with their Board as 

well as it being discussed with Council at that time. Mr. Barnes said that Council had been presented 

with the renewal of the lease for the new facility. He explained that there is a current lease that 

remains in place for the site at the Wellington Community Park as well as a new lease that was 

approved in 2010 for the lease at the former Little Blue Skate Park facility adjacent to the Water 

Treatment Plant. He said that once a new lease was entered into for the new facility, it necessitated a 

new agreement with the County and before Council was the second amendment to that agreement. 

Mr. Barnes said that over the course of the year, a new County agreement for funding came into 

being in 2008 at the original location and then in late 2009, they discussed the location at Little Blue 

with the Boys and Girls Club, and in early 2010, a new agreement was executed with the County for 

the new location and this is the second amendment to that. 

Councilman Willhite asked if Mr. Barnes could make available traffic counts since there were some 

questions as to what the traffic impact would be in the area in the new location. Mr. Barnes said that 

he could check with Mr. Riebe and the consultant that prepared the work for the Boys & Girls Club, 

and provide that information. 

Mayor Margolis thanked Mr. Barnes for the update explaining that he hadn’t served on Council when 

most of the approvals were made. He said that he looked at 2008 when the process was first 

initiated, and it just looked like it was an agreement with the County using the $600,000 bond money; 

however, he did not see the use of $700,000 of Village funds and loaning them money to build a 

13


building for them. He said that he heard as a resident, all of the different approval processes, and had 

some concerns about using Wellington funds for a private entity. Mayor Margolis said that having 

researched around the County; he did not see that this had previously been done elsewhere. 

Although he couldn’t argue the need for the Boys & Girls Club, his concern was using Village funds to 

fund a private facility. He said that he also had concerns that along the approval process, multiple 

approvals were made by certain members of the previous Council who sat on the Boys & Girls Club 

Board of Directors. Mayor Margolis said that whether or not those members were Board of Directors 

or not, he was against a policy of using public funds for a public entity regardless of it being wellneeded. 

He said that he understood the location change, but could argue the funding mechanism by 

the Village even though the Boys & Girls Club was going to pay the Village back over a ten-year 

period which came about later on in the process. He reiterated that previous Councils had approved 

this process so he was not going to not approve the second revision; however, the County is spending 

$600,000 while Wellington was spending much more for doing this. Mayor Margolis said that as a 

public policy decision, he said that he looked at the process and the project and he reiterated that he 

was against any public funds for a private entity. 

With regard to prior votes by members of the Council when they may have been members of the 

Board of Directors of the Boys & Girls Club, Mr. Kurtz said that there has been a long history with 

respect to this and he could not say off the top of his head who voted for what and whether or not 

there were recusals. He said that it was important to recognize that there was a time period prior to 

the adoption of the County-wide ethics ordinance where he would have been of the opinion that as a 

member of the Board of Directors of a non-profit organization where nothing was being gained by a 

member personally, there would have been nothing improper about the vote. Mr. Kurtz further 

explained that under the County’s Ethics ordinance, he thought that there was a problem and there 

were some opinions to that affect. He said that to the best of his recollection, the people who were in 

that position tried to adhere to that. Mr. Kurtz said that although he was not specifically aware of any, 

it could have been likely that someone made an error in the very busy as they were getting acclimated 

to the new County’s ethics ordinance. He said if they desired, they could go back and look at the 

record of the votes the various times that this came before Council. Mr. Kurtz pointed out that the 

ordinance only became effective on June 1 st of 2011. 

Vice Mayor Coates said that he was a member of the Council who was also a member of the Board of 

Directors of the local chapter of the Boys & Girls Club. He said that he asked every time when a vote 

came up if it was something that he needed to recuse himself on and the interpretation of the Village 

Attorney at the time was that as long as there was no personal benefit on the service on the nonprofit, 

then it would not be necessary to recuse yourself. Because of the changes with the 

Commission on Ethics and the rules there, he said that he actually resigned from the Board of 

Directors of the Boys & Girls Club so that there would be no appearance at all of any conflict partiality. 

He said that he took that extra step, from the standpoint of his vote, because his service on Council 

was more important than his service to the Boys & Girls Club. He wanted to ensure that any vote that 

he had taken did not create a conflict or require that he recuse himself. Vice Mayor Coates said that 

he was one of the councilmembers and he believed that Dr. Priore was the other councilmember. Mr. 

Kurtz noted that at some point, Dr. Priore also resigned from the Boys & Girls Club Board of Directors. 

Mayor Margolis said that he had the opportunity to look at the votes, and he was at the Agenda 

Review meeting where Vice Mayor Coates brought up the one instance. He said that he understood 

the ethics rules regarding anything that happened prior to June 1 st of last year, but there was a 

perception that even though someone doesn’t financially gain that people did things for their friends. 

Mayor Margolis said that if he was sitting on the Council, he would have recused himself or brought it 

out in the open which he felt wasn’t done on many occasions. Mayor Margolis said that he was not 

going to stop this from moving forward because previous Councils voted for it, but he would have 

14


done it in a more open environment and would have had much more discussion about using the 

taxpayers’ money to fund a private entity. He further stated that when he was previously on Council, 

they discussed this issue. He said that the Boys & Girls Club provide a great benefit and this Council 

has supported it by giving them $50,000 for the past 20 years. Mayor Margolis said that when the 

Boys & Girls Club first needed funds to build their new facility there was discussion about the Village 

supplying funds to do that, and previous Councils that he sat on decided not to use public funds as 

they didn’t feel it was in the best interest of the community to do that. He said that for his benefit since 

it was a number of years since he sat on Council, he had requested that Mr. Barnes review what has 

been going on with this project. Mayor Margolis said that he understood the ethics rules and the 

Village’s good graces of lending the funding to the Boys & Girls Club because their major benefactor 

pulled out and they needed the funds and a facility is needed for the children, but he would have done 

it in a more open agenda meeting. 

Mr. Kurtz said that he understood Mayor Margolis’ position was that he was not questioning the public 

purpose of the utilization of the monies just as he was not questioning the appropriateness of the 

County’s investment in the project, but what he was saying was that people should have made it more 

clear that they sat on the Board of Directors. He said that he would have to review the minutes to 

understand what the disclosures were. 

Mayor Margolis said that was part of his comment, but he knew the residents of Palm Beach County 

voted to float the bond where they were able to give the Boys & Girls Club $600,000. He said that 

residents never voted to give the $700,000 and additional funds or even to loan them money. Mayor 

Margolis said that he appreciated Mr. Barnes’ updates. He further stated that this has been bothering 

him for a long time and reiterated that he would not stop the process from moving forward as they 

needed the facility to be built, but again stated that he would have preferred it to have been a different 

process. 

Vice Mayor Coates said that he would not want to proceed under a cloud that has been created if a 

vote was taken by this Council or by him particularly on the advice that he did not need to recuse 

himself and have it subsequently determined that he should have recused himself. He said if that was 

the case, he wanted Council to reconfirm the decisions or reject the decisions that were made moving 

forward because he did not believe it was in anyone’s best interest to move forward with a project that 

carries with it some question whether or not it was legitimate because members of the voting Council 

were on the Board of Directors. He noted that he believed that Dr. Priore had also disclosed his 

involvement with the Boys & Girls Club. Vice Mayor Coates that he understood Mayor Margolis’ 

concern because he shared the same which is why he specifically asked about it; however, what he 

didn’t want to see happen was to have the project which he believed to be a good one proceed under 

a perception that it was passed improperly. He said that when comments are made that there were 

votes made by Board members who were on the board that shouldn’t have voted, it then creates a 

cloud. 

Mayor Margolis said that everyone has one vote, and if he was on Council before and this came 

before him and he didn’t support it while others did, it would have been 4-1. He said that he had two 

concerns with the use of public funds for a private entity and secondly with the Council voting who sat 

on Council although they had to error on the side of the Village Attorney who gave them guidance. 

He further stated that he would have taken that guidance and announced that he sat on the Board of 

Directors, and if there was a perception that he should recuse himself, he would have done so. Mayor 

Margolis said that he was not casting stones on the part of any of the Council people from going 

through this process, but he would have done it differently. 

15


Vice Mayor Coates said that he appreciated Mayor Margolis’ comments. He said that he is a member 

of the Rotary who come before Council for decisions and asked if they were going down the path of 

having to recuse themselves when anything comes before them with a non-profit that they are a 

member of or have some service to. He said that he only wants this to be clear because if they need 

to divest themselves of these interests in these non-profits than they should do it, but if they don’t then 

he felt that they have an obligation as Council members to vote on matters that affect the Village 

when they are brought before them although he said he didn’t know what the clear answer was. 

Mr. Kurtz said that membership of an organization does not mean that someone has to recuse 

themselves particularly if it is a non-profit. He said if a councilmember is a member of the Board of 

Directors of the non-profit under the County’s ordinance that is a recusal situation; however, he did 

not believe that it is under State laws. He said that now that the County’s ordinance has applied to 

Wellington for almost a year that is the time period in which the recusal should have taken place. Mr. 

Kurtz said if Mayor Margolis wanted them to go back and review the votes that had occurred and look 

at the minutes and make a determination as to whether or not there were disclosures, they could do 

that. Mayor Margolis said that he did not want to do that. 

Vice Mayor Coates said that he would want to determine whether or not the vote was proper. He said 

that he needed to clarify that prior to his resignation from the Boys & Girls Club; he served on the local 

board of that Club for Wellington which is different than the larger Board of Directors for the Boys & 

Girls Club of Palm Beach County Inc. who is actually the party to the contract. He said that 

theoretically, he did not serve on the real Board of Directors, but the Wellington chapter which he did 

not believe was a party to this contract. Mr. Kurtz said that perception-wise it might not make a 

difference, but he wanted to clarify that. 

Councilwoman Gerwig said that this happened prior to her being on Council, but she was paying 

attention as a resident and someone interested in local government. She said that since she has 

served on Council, there has never been any discussion of this kind that was not open and recorded 

and publicly noticed. She said that the implication that these votes happened without it being open 

was offensive to her. 

Mayor Margolis advised Councilwoman Gerwig that she misunderstood what he said. He said that 

when his said that the voting on this wasn’t openly done; he said that it had to do with people on 

Council saying they were on the Board of Directors. 

Councilwoman Gerwig said that since she has been a member of Council, there was discussion of the 

Board of Directors noting that she was not a member of the Board of Directors. She said that as far 

as she was aware of, every member of Council who was a member of the Board of Directors made 

that fact known. 

Mayor Margolis said that they would then have to go back and look at the tapes because he said that 

having been through a campaign and talking to hundreds of people, if not thousands of residents, this 

was a big issue for them. 

Councilwoman Gerwig said when she was new on Council, she had the same questions about giving 

the money to the Boys & Girls Club; however, Mr. Barnes came forward and explained the fundraising 

efforts. She said that Mr. Barnes advised Council that the Boys & Girls Club had never once had a 

problem with their obligations being met. She said that she understood that it was never a problem in 

Palm Beach County or in the State where the city puts out the money and a service is provided to the 

residents and it accomplishes a need which they all agreed on. Councilwoman Gerwig said that Mr. 

Barnes represented that there was never a default and their fundraising efforts are ahead of track and 

16


that they may not have to rely on Wellington for that $700,000 loan or the ten years it would take to 

repay it. She said that her understanding of this is that Wellington was providing contract 

administration on this project which is an obligation coming from them. Mr. Barnes indicated that was 

correct. He further explained that Wellington’s obligation with the Boys & Girls Club is to provide the 

construction administration throughout the course of the project and provide the consultant 

administration during the design phase and the balance of the agreement outlines the repayment in 

the event of a gap should the Boys & Girls Club elect to utilize the provision that allows the Village to 

fund the gap and they would repay it over ten years. 

Mayor Margolis questioned whether Wellington had ever done that for any other facility. Mr. Barnes 

said Wellington had not previously done this. He said that if it wasn’t for one person who will be 

funding the additional income there would be a deficit. 

Councilman Greene asked if there was currently a financial gap. In response, Mr. Barnes said that 

there currently was a gap which is estimated to be $1.6 million. 

Councilman Willhite said that he didn’t want to make any perception that anything was ever done and 

he wanted everyone to identify any memberships or organizations if they are going to vote on 

anything. He said that a year ago that was the precedent that was set when the Ethics Commission 

and Inspector General came into place. He said that as elected officials that is what they should be 

following. Councilman Willhite said that he was concerned about the gap money, but what gave him 

relief are the donations from the community, and that for the last 20 years, Wellington has given them 

$50,000 per year and once the facility is open and in place, that donation will cease. In the aspect of 

setting a precedent of this being done for private entity, he did not believe that to be the case with this 

because this was an organization that Wellington utilizes very heavily and it offsets a lot of the 

Village’s Parks & Recreation programs. He felt that it was very beneficial to the Village, and will offer 

new facilities and new amenities to more children. He further stated that the relocation of this will offer 

more facilities and that there will be new amenities constructed at the current Boys & Girls Club which 

may be a field for disabled children. Councilman Willhite said that he had concerns about the funding, 

but they were assured that the Boys & Girls Club will meet their needs through fundraising. Before 

this project started, he said that his concern was the impact of the traffic in that area. He said that 

what will remove some of his concerns was that this was originally the Skate Park and Basketball 

courts and it was a publicly used area that had traffic. He said that he understood Mayor Margolis’ 

concerns and he appreciated him bringing them up and was hopeful that anyone who did have any 

conflicts made those available and recused themselves. 

Mayor Margolis asked if this would be a County facility since County money was given for this project. 

Mr. Barnes said that in this case, this will be a Village-owned facility that the Boys & Girls Club will be 

utilizing under a lease agreement unlike the existing facility that is owned by the Boys & Girls Club 

and will be left for the Village to utilize after they vacate that area. 

Public Comments 

1. Tony Fransetta. Mr. Fransetta said that his perception was that Wellington did not have a 

problem with the Boys & Girls Club at its present location. He said that location is close to 

the equestrian area and he believed that some people wanted the Boys & Girls Club away 

from there. Mr. Fransetta felt that the Boys & Girls Club does sub-contracting for the 

Village’s Parks & Recreation, and he did not feel that the needs of the young people would 

not be met as Wellington has the capability to meet those needs. Mr. Fransetta felt that 

when there is 65% vs. 35% Wellington residents, they were taking the Village’s money to 

help non-residents which he did not support. He said that he has never seen an agreement 

17


about how the seniors could be helped. Mr. Fransetta believed that the original site is better 

than the proposed one. He said that his perception of this is very negative. Mr. Fransetta 

questioned what would stop the Boys and Girls Club from coming back and asking for 

money in the future. He said that he was not against the Boys & Girls Club, but he was 

against the money from retired taxpayers paying for things they don’t need to pay for. 

2. Bart Novack. Mr. Novack questioned why Wellington should be constructing this project 

when it is a private entity. He also questioned why Wellington gets involved with a private 

entity. He felt that since the County is giving $600,000 that would allow other communities to 

come into Wellington. 

3. Sam Nebb. Mr. Nebb said that he had spoken about this at the last meeting expressing 

concern as to why it was being moved and what would replace it at its present location. He 

said that they were talking about Village money being laid out and the gift of $700,000, and 

that the Village would be advancing $3.5 million from the taxpayers’ money. He questioned 

if the Boys & Girls Club hasn’t been able to collect more than $1.5 million in the years that 

they have been fundraising, if they would be able to pay back the $3.5 million. Mr. Nebb 

said that this is a gift, and he didn’t believe they could pay that money back. 

4. Mary O’Connor, Executive of the Boys & Girls Club, said that with regard to the terminology 

of the Board of Directors, the local boards are only advisory boards noting that their Board of 

Directors is the Boys & Girls Club of Palm Beach County who have the fiduciary 

responsibility and who set policy which the local boards do not do. In addition with regard to 

the fundraising efforts, Ms. O’Connor said that with the money from Palm Beach County and 

the Village of Wellington, the money that the Boys & Girls Club has already raised, and that 

from a local commitment from a very generous donor, the money is there so they will not be 

defaulting on $3.5 million. She pointed out that other municipalities have done things similar 

to this since people are under the impression that this hasn’t happened previously. Ms. 

O’Connor said that they are in a building in West Palm Beach that the City of West Palm 

Beach built completely with funds from that city and they have a 50-year lease there. In 

addition, other municipalities help them financially yearly. She felt that it was important to 

understand that the Boys & Girls Club raises the dollars every year with the help of the 

$50,000 from the Village of Wellington, but their budget is currently about $500,000 per year, 

and they anticipate it will be about $800,000 per year at the new Club which the Board does 

raise to support the kids in the community. She believed that this was the perfect 

public/private partnership which is a winning situation for everyone especially those children 

who would go home alone without the Club and would be at risk for dangerous behavior. 

Ms. O’Connor felt that their working together will work towards a better Wellington. She said 

that she was available to answer any questions. 

Councilman Willhite said that they have heard Mayor Margolis’ concerns and Council will bring 

any memberships or conflicts in the open in the future; however, he said that Mayor Margolis had 

noted that he did support this and would not stop it from moving forward. 

A motion was made by Councilman Willhite, seconded by Councilman Greene, approving 

Resolution No. AC2012-04 as presented. 

Vice Mayor Coates asked Mr. Barnes what would happen to the project if Council voted against 

the resolution. In response, Mr. Barnes said that they would have to build a project in an 

unrealistic timeframe since the Council has already approved the contract with MBR Construction 

and the current agreement with Palm Beach County requires them to complete the facility by 

October 2012. Vice Mayor Coates asked if a vote against this resolution would effectively kill the 

18


project. Mr. Kurtz explained that what they would be doing would be risking the $600,000 

contribution from the County. Vice Mayor Coates asked if Wellington would still be obligated to 

move forward with the contract. In response, Mr. Kurtz said that this agreement is not the entire 

funding for the project, but has to do with the $600,000 that the County is contributing in order to 

secure their funds, and an extension would be needed for the time for it to be built. He said that 

this particular vote is just the County money and whether or not they have to contribute. 

Vice Mayor Coates thought if the $600,000 was not available it would have a significant impact on 

viability of the project. He said that he was asking because he questioned whether they needed to 

go back and look at the previous votes, but if they were going to move forward and this vote could 

either make it move forward or stop it in its tracks, he viewed this as a confirmation one way or the 

other as to the previous votes. He said that he wanted to erase any doubt if this was approved 

that it was supported by the Council and that they were moving forward. Vice Mayor Coates said 

that if a vote against this resolution would eliminate the ability for the Boys & Girls Club to get the 

$600,000, and they voted to extend it, then it is a confirmation that the project is supported. 

Mr. Kurtz said that this was a two-step approach. If Council approved this, they were supporting 

the County’s contribution, and if they voted down in order to actually stop the project, Council 

would have to have a second vote to direct staff not to issue the notice to proceed which had not 

yet been issued although there is a contract that has been entered into. 

Councilwoman Gerwig asked if Council would have an obligation since that contract had already 

been signed with the contractor. Mr. Kurtz said if the Council decided not to move forward, there 

would be some obligations with respect to the contract, and there might be some issues with the 

Boys & Girls Club and he hoped they did not go in that direction. 

The motion was voted on and was unanimously passed (5-0). 

C. RESOLUTION AC2012-02 (RENEWAL OF THE LEASE AGREEMENT BETWEEN ACME 

DISTRICT, FLORIDA, APPROVING THE LEASE FOR PROPERTY LOCATED ON THE 

CORNER OF STATE ROAD 7 AND STRIBLING ROAD TO J. ALDERMAN FARMS, INC., 

FOR THE PURPOSE OF ORGANIC VEGETABLE FARMING AND AUTHORIZING THE 

PRESIDENT AND BOARD SECRETARY TO EXECUTE THE LEASE AGREEMENT; AND 


Mr. Schofield introduced the agenda item, and read the resolution title. He explained that this was a 

one-year extension of the lease to Alderman Farms. He said the Village receives about $51,000 per 

year on that lease and there is a 120 day termination clause noting that the RFP is out on K-Park 

property which was discussed. He said that based on the discussion at the Agenda Review, a 

workshop will be scheduled to discuss K-Park. 

Councilman Willhite said that he supported this when it first came before Council as he believed there 

was a huge financial benefit to Wellington as well as a community benefit by having organic 

vegetables that are sold to local merchants. 

A motion was made by Councilman Willhite, seconded by Vice Mayor Coates, and 

unanimously passed (5-0) approving Resolution No. AC2012-02 as presented. 

D. CONSIDERATION OF RESOLUTION R2012-29 AND DIRECTION ON THE 

APPOINTMENT OF SPECIAL MAGISTRATES: A RESOLUTION OF WELLINGTON, 

FLORIDA’S COUNCIL SETTING FORTH THE PROVISIONS FOR APPOINTMENT AND 

19


RETENTION OF SPECIAL MAGISTRATES IN ACCORDANCE WITH § 2-203 OF 

WELLINGTON’S CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 

APPOINTEES WILL BE SUBJECT TO ANY SUBSEQUENT ORDINANCE THAT IS 

PASSED REGARD TO TERM LIMITS. 

Mr. Schofield introduced the agenda item and read the resolution title. He announced that Mr. Kurtz 

would be doing the presentation. 

Mr. Kurtz said that the first question before Council was whether they wanted to reappoint Mr. Zangen 

and Mr. Posner. He said that it was his understanding from their previous discussion that he 

anticipated the direction to be that they would not make a decision on their reappointment at this point 

in time, but to solicit letters of interest. With respect to Resolution No. R2012-29, Mr. Kurtz said that 

when discussing the process for the selection of Special Magistrates: (a) Special Magistrates are to 

be appointed by Council to serve two year terms, and (b) Council may appoint as many as four (4) 

Special Magistrates to serve at any one time. He explained that item (c) would be rewritten to say 

that approximately 90 days prior to the expiration of the Special Magistrate’s term, staff shall advertise 

requesting letters of interest for qualified applicants to be appointed as Special Magistrates, 

publication and advertisement for the opening may be placed in or on the following: The Florida Bar, 

The Palm Beach Post, local newspapers, Village website and Channel 18. In addition, there would be 

a renumbered item (d): the public notice shall give prospective applicants at least 30 days from the 

initial date of the notice to submit letters of interest and resumes to the Village Clerk. Immediately 

after the time for submission has passed, the Village Clerk shall forward a copy of all letters of interest 

and resumes received to the Council for their review at the next available Council meeting. After the 

receipt of the applications, selection of the Special Magistrate shall be placed on the Council agenda 

for discussion and appointment. Mr. Kurtz said that because there are staggered terms for the 

Special Magistrates, the selection of the Special Magistrates would be held on an annual basis; 

however, letters of interest would be solicited prior to that selection being made. He said that as a 

corollary to this, the discussion was that there might be direction to his office to prepare an ordinance 

which would limit the total consecutive time period that any one Special Magistrate could serve to 

eight (8) years or four (4) two-year terms and that term limit provision would begin immediately with 

the implementation of the ordinance so that it would apply to any appointments that might be made 

this year. Mr. Kurtz said that direction was needed as to the length of gap that someone would have to 

sit out in order to be reappointed. He further stated that in the absence of further direction, the 

ordinance would come back to Council in a format that would say a Special Magistrate would have to 

sit out for one term or two years before they would be eligible to apply for appointment. 

Councilman Willhite said that his suggestion would be the same as Council in that you must sit out for 

one term or the next election or appointment cycle before an application could be submitted. Since 

Council makes appointments every year, Mr. Kurtz questioned whether it would be one year or the 

equivalent of one term which would be two years. Councilman Willhite was of the opinion that 

someone would have to sit out a full term or two years. 

Mr. Kurtz said that he would draft the ordinance in that way and if that was the direction of Council, he 

would suggest: (1) direction for staff to advertise and bring that back to Council noting that it might be 

a slight extension of the present Magistrates’ term because of the time delay and appointments would 

come back in the first or second meeting in June; and (2) adopt the revision to the resolution as it was 

read. 

Vice Mayor Coates said that Council had gone through this process not that long ago where an RFP 

was put out and there was a substantial response; however, it resulted in Council reappointing the 

same two individuals who had previously served. He said that he came from that process feeling that 

20


it was a waste of time for the applicants. Vice Mayor Coates felt that if they followed the process 

where the submission of letters is requested and then Council has to make a decision in June without 

any real basis not to be satisfied with the present Magistrates seeking reappointment, that they most 

likely would reappoint the same magistrates especially since there have been no objections or 

negative comments made against them. He said that he supported appointing Mr. Zangen and Mr. 

Posner at this point and imposing the term limits; however, he felt if Council was going to follow the 

process of requesting letters, something needed to be done to make it a real process so that 

someone would have a viable chance of being selected even though they were going up against a 

present magistrate. Vice Mayor Coates said that he was fine with what Council was proposing; 

however, he did not want it to be a waste of time for people submitting their applications which he felt 

was the case the last time this was done. 

Councilwoman Gerwig said that since there are staggered terms, there would still be two other 

magistrates to cover the meetings if the term for these magistrates expired and Council was 

considering other applicants. Mr. Kurtz explained that the Code Enforcement hearings are the third 

Thursday of the month and it is unlikely there would be a problem; however there could be a problem 

if for some reason the other magistrates who are appointed through 2013 were both unavailable for 

that meeting. 

Councilman Greene said if as Vice Mayor Coates had stated that Council moved forward and 

appointed Mr. Zangen and Mr. Posner at this meeting, they would then be term limited and it would 

provide future candidates with the opportunity to come in and be considered. 

Councilman Willhite said that he applauded Vice Mayor Coates’ efforts to bring this forward because 

for many years there was no dialogue on the special magistrates. He felt that it was phenomenal that 

Wellington received so many applications for this. Councilman Willhite supported moving forward and 

appointing Mr. Zangen and Mr. Posner knowing that in the future there will be available openings with 

term limits. Councilman Willhite supported bringing forth an ordinance implementing the term limits in 

the future. 

A motion was made by Vice Mayor Coates, reappointing Mr. Zangen and Mr. Posner subject to 

the condition that there also be an implementing ordinance that limits the term from this point 

forward for any special magistrate appointed to four, two-year terms or eight consecutive 

years after which they must sit out a minimum of one term or two years. 

Mr. Kurtz informed Council that they could not vote on a future ordinance, but staff could bring back 

an ordinance for Council consideration either at the second meeting in May or first meeting in June for 

the first reading. 

A motion was made by Vice Mayor Coates, seconded by Councilman Willhite and unanimously 

passed (5-0) reappointing Mr. Zangen and Mr. Posner as Special Magistrates subject to any 

subsequent ordinance passed with respect to term limits, and directing to staff to bring back 

an implementing ordinance that limits the Special Magistrate term from this point forward to 

four (4) two-year terms or eight consecutive years after which they must sit out a minimum of 

one term or two years. 

With respect to the resolution, Mr. Kurtz said that staff would bring back a companion resolution at the 

same time that they bring back the second reading of the ordinance. 

E. DIRECTION TO ESTABLISH REGULATION GOVERNING GENERAL AVIATION 

OPERATIONS WITHIN THE VILLAGE OF WELLINGTON 

21


Mr. Schofield introduced the agenda item. He explained that there has been a significant amount of 

correspondence on the operation of jet aircraft and the potential paving of the runway within Aero 

Club. Mr. Schofield further explained that the permits from South Florida Water Management District 

and the Village of Wellington to pave that runway were issued in October 2010 so they have some 

more months to run. He said that the discussion on whether or not to pave is over; however, the 

remaining issue was what the parameters are that Wellington wishes to establish for civic aviation 

operations within the Village. Mr. Schofield pointed out that civil aviation is a long-established 

community tradition and most people were aware of the Aero Club landing strip which is central to that 

development; however, there is also a second aviation strip in Wellington which is located on the west 

side of the McCarthy property west of Flying Cow Road. He further pointed out that there are 

significant differences in both of those runways as the McCarthy runway is about 1500 feet long and 

60 feet wide and is dirt while the Aero Club runway is 4000 feet long by 90 feet wide and has 

significant improvements to it. Mr. Schofield said that the important thing to remember was that these 

are both civil aviation facilities that are not intended for large aircraft. He further stated that Aero Club 

was the central development that is part of the Wellington Landings Planned Unit Development (PUD) 

and was developed as what is typically referred to as an “aero park.” He said that those parks are 

generally part of private residential communities, generally restrict commercial activities, and generally 

are limited to the use by residents and their guests. Mr. Schofield said that when you look at the 

declarations and covenants of the Aero Club, they include very specific limitations which provide 

some indication of what the intended limits were. He noted that those covenants: prohibit jet aircraft; 

prohibit landing and takeoff times to visual flight rules, limit the landing strip and tie-down to members 

as a private airport facility, and the uses of aircraft are limited to civil aircraft either owned or leased 

by the members. Mr. Schofield believed that was a clear indication of what the intent of the 

development was as it was approved in 1978. He said that staff’s recommendation was that Council 

consider adopting a set of regulations and ordinances that govern civil aviation-based ground 

operations and general aviation within the Village that: (1) establish that landing strips on residentiallyzoned 

property be limited to private non-commercial uses; (2) operating sound limits be established 

that recognize the residential character of both the underlying property and the surrounding 

neighborhoods; (3) those operational guidelines be established for both day and night operation that 

underscore the residential character of the immediate area and the rural nature of the areas to the 

south that also have an equestrian element; (4) restrictions are formally implemented that are 

embodied within the Aero Club covenants and restrictions which are take-offs and landings that are 

limited to visual flight rule conditions, no jet operations, no commercial operations and that it is limited 

to residents and guests - Mr. Schofield said that Council may want to think about that as he didn’t 

believe the McCarthy strip had the same limitation and whatever recommendations are made by 

Council should be applied equally to any airstrip in Wellington; and (5) additional restrictions being 

considered are based on aircraft weight and type that implement the intent of the original conditions 

and approval for the Aero Club. Mr. Schofield said that there would be some condition given to the 

noise and size of the aircraft as some aircrafts are noisier than others. He said that the restrictions 

within the covenants can be changed by a 2/3 vote of the association, and he thought it would be 

better to outline a set of regulations of the Council’s policy that were consistent with the existing 

regulations and consistent with what the then governing body intended when that development was 

approved. Mr. Schofield said that staff was recommending that Council provide them with direction to 

implement that set of governing ordinances. 

Councilman Greene said that those regulations could not be changed by the HOA. In response, Mr. 

Schofield said that they could only be changed by an amendment to the ordinance adopted by the 

Village Council. 

22


Councilman Greene asked if these regulations were consistent with the current HOA regulations. Mr. 

Schofield responded affirmatively explaining that they are either consistent with both the covenants 

and restrictions and with the original basis of approval. In addition, he stated that they were 

consistent with what is generally accepted as the operational parameters of residential air parks. 

Councilwoman Gerwig said that Mr. Schofield had described this as residential use; however, she 

said that her understanding of the McCarthy landing strip is that it allows skydiving. She asked if that 

would then be considered a commercial use. Councilwoman Gerwig felt that they should add some 

language that would allow limited and approved commercial uses, i.e., crop dusting, skydiving. She 

said that she didn’t want to prohibit the McCarthy strip from doing what it is presently being used for. 

Mr. Schofield said that a provision could be included in the ordinance stating that any existing use that 

was documented would be treated as a legal, non-conforming use and that upon the cessation of that 

use for a period of six months, it would not be allowed to be re-established. Mr. Kurtz added that use 

could be addressed through the ordinance process and it didn’t need to be decided at this time. 

Mr. Schofield said that he was seeking Council’s direction to proceed in bringing that ordinance back 

to them so that if the runway is eventually paved or not paved, there is no doubt what the Village 

intends to allow or not allow. In addition, it will allow the Council to address those concerns regarding 

jet aircraft operation, larger aircraft and those types of things so that there is an ordinance limitation 

on that which is enforceable noting that it is difficult for homeowners’ associations to enforce 

regulations. 

Vice Mayor Coates asked Mr. Schofield if he was anticipating that the same types of restrictions that 

are currently in the covenants such as the prohibition in aircraft, would be incorporated into 

Wellington’s ordinance. Mr. Schofield responded affirmatively. 

Vice Mayor Coates asked if Wellington’s ordinance could be more restrictive than what is included in 

the current covenants. He did not believe that Wellington could take away rights that were presently 

in existence; however, they could be more restrictive as with the non-conforming use requirement. 

Mr. Schofield responded affirmatively. 

Councilman Willhite expressed his disappointment that they had to look deep to find out there was 

already an application approved 21 months ago. He felt that bringing this forward and putting 

something in place was the best way to proceed. Councilman Willhite said that, in creating this 

ordinance, Council wanted staff to work with the homeowners association and with the owners of the 

McCarthy property to ensure that the ordinance that is brought forward won’t have opposition and that 

they have addressed all the concerns while still protecting the rights of the residents in the 

surrounding area as they will be impacted as well. Councilman Willhite said that his direction would be 

that staff move forward in crafting an ordinance, working with the homeowners associations, and that 

the documents be brought back so that an ordinance can be put in place that will have substance and 

can be enforced. 

Mr. Schofield said that in previous situations where Wellington was asking PBSO to enforce Village 

ordinances, unless otherwise specified, the violation is a misdemeanor and the person is punishable 

with 30 day imprisonment and not a $500 fine. He said that the reason that is included is that absent 

that, it cannot be enforced by Wellington’s law enforcement entity. 

Public Comments 

1. Sampson Nebb. Mr. Nebb stated that he is a resident of the Lakefield North community which is 

adjacent to Aero Club. He said that when he moved there, they were aware that there were 

23


airplanes landing and taking off some in the morning and some after dark which they were used to 

and expected. He felt it was a good idea to have the runway paved if that was what they choose to 

do. Mr. Nebb pointed out that in the 17 years that he has been a resident; there have been six 

airplane crashes within Aero Club and immediately around that area. He further noted that while 

no one was killed on the ground; pilots have been killed. He felt that the allowance of jet aircraft 

would endanger all of the surrounding areas. Mr. Nebb believed it was important to keep in mind 

that smaller jets could land on a 4000 foot runway He also raised concerns about the noise. Mr. 

Nebb said that he was happy that Wellington would be creating this ordinance. 

Mayor Margolis asked Mr. Schofield if he had direction from Council. Mr. Schofield said that he had 

heard the beginnings of a motion. 


unanimously passed (5-0) directing staff to move forward in creating an ordinance as outlined 

by Mr. Schofield, that staff work with the homeowners associations and the owners of the 

McCarthy property, and that the ordinance be brought back to Council that has substance and 

can be enforced. 

F. COUNCIL REVIEW OF THE REGULAR WELLINGTON COUNCIL MEETING SCHEDULE 

FOR FY 2011/2012 

Mr. Schofield introduced the agenda item. He noted that at this time Council had two meetings 

scheduled for July and one in August. He said that the August 28 th meeting was marked as an 

optional meeting since Council usually provides a vacation week. In addition, the Primary Election is 

scheduled for August 14 th and Conference Rooms 1E and 1F serve as a polling location. Mr. 

Schofield also noted that the September meetings had been changed to Wednesday, September 12 th 

and Wednesday, September 26 th so that they would not conflict with the budget hearings scheduled 

for Palm Beach County and the School Board noting that Wellington is legally not allowed to hold 

budget hearings on the same days as those entities. Mr. Schofield said that staff wanted to ensure 

that Council was comfortable with those days and wanted to maintain that schedule. 

Council discussed this and consensus was to move the optional summer meeting to July 24 th rather 

than August 28 th , and also to change the meeting time for the August 14 th meeting to 7:30 p.m. 

G. RESOLUTION AC2012-03 (ACCESS EASEMENT AGREEMENT FOR THE HUNTER'S 

CHASE SUBDIVISION): A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL, 

ACTING AS THE BOARD OF SUPERVISORS OF THE ACME IMPROVEMENT DISTRICT, 

GRANTING A NON-EXCLUSIVE, PERPETUAL EASEMENT TO SF LAND HOLDINGS, 

LLC, TO PERMIT PEDESTRIAN AND VEHICULAR ACCESS, INGRESS AND EGRESS 

TO, FROM AND OVER THE C-7 CANAL RIGHT-OF-WAY, LYING IN SECTION 15, 

TOWNSHIP 44 SOUTH, RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA; AND 


Mr. Schofield introduced the Agenda item. 

Councilwoman Gerwig announced that she had to recuse herself from this discussion as her firm was 

working on this project. At this time, Councilwoman Gerwig left the dais. 

Mr. Schofield announced that this item had been on the Consent Agenda, but was moved so that 

Councilwoman Gerwig could recuse herself. He then read the resolution title. He explained that this 

24


was a simple access agreement where Wellington was neither giving up rights nor taking them away. 

Mr. Riebe was present to address any questions. 

Mr. Kurtz explained that this was an easement over an existing roadway crossing Wellington’s canal. 

He said that the easement had never been formally granted and it created a title situation for those 

people who needed to get across the canal in order to get onto their property. 

A motion was made by Councilman Willhite, seconded by Vice Mayor Coates, and 

unanimously passed (4-0) approving Resolution No. AC2012-03 as presented. Councilwoman 

Gerwig had recused herself and was out of the room. 

H. RESOLUTION R2012-30 (FOUR FOUR ONE PARTNERS MEDICAL ARTS DISTRICT 

ANNEXATION AGREEMENT): A RESOLUTION OF WELLINGTON, FLORIDA’S 

COUNCIL APPROVING THE AGREEMENT WITH FOUR FOUR ONE PARTNERS FOR 

ANNEXATION INTO THE WELLINGTON MEDICAL ARTS DISTRICT; AND PROVIDING 

AN EFFECTIVE DATE. 

Mr. Schofield introduced the agenda item and read the resolution title. He announced that Mr. Stillings 

would present the agenda item. 

Mr. Stillings said that the Medical Arts District is one of Wellington’s key economic development 

initiatives designed to capitalize existing assets. He said that the Comprehensive Plan reads that “it is 

designed to create a new opportunity to attract new medical uses and create family sustaining 

employment opportunities in and around Wellington Regional Medical Center.” He further stated that 

the Medical Arts District is one of the eight economic development initiatives that were created as part 

of a community-wide effort. He explained that the District is located at the northwest corner of Forest 

Hill Blvd. and is approximately 210 acres. He said that the long term objectives are to create and 

establish a compact and integrated development pattern within the properties along SR7 and to 

generate economic development as well. Mr. Stillings explained that this initiative has been 

developing for many years and began in 2005 with the hospital being rezoned to medical/commercial 

and that much progress has been made since that time. He said that a great deal of support was 

received from the Business and Economic Development and Planning communities at the local and 

state local. He said that staff views their role as setting the stage for development within the District 

and actively pursuing those opportunities and working with the property owners to achieve that. Mr. 

Stillings showed a timeline showing the property owner consents they have received to begin some of 

the planning initiatives. He said that recently the Governor signed a bill transferring jurisdiction from 

the Lake Worth Drainage District to Acme Improvement District. He said that before Council was the 

annexation for Four Four One Partners. He said that this is two of the parcels within the annexation 

area noting that the other parcels are owned by Palm Beach County, Venra Development and 

Wellington Storage. Mr. Stillings showed a slide of the Four Four One Partners site which consists of 

36.4 acres. He said that there is still a good amount of work to do after the annexations are executed 

which will trigger the land use and zoning changes for the site. Mr. Stillings explained that the land 

use will be changed from its existing land use to medical commercial for all of the property with the 

exception of Wellington Regional which already has that designation and then a rezoning to medical 

arts planned development for all of the properties within the District. In addition, staff will be bringing 

forward an amendment to the District’s zoning to better fit the way that area has evolved since its 

initiative. There are also some amendments that are going before the County for the CRALLS to 

adjust some of the conditions that were applied as well as to reduce their overall traffic exception 

because of the changes of conditions along SR7 as well as to establish a unit of development within 

the District based upon the Acme designation. He said that the Medical Arts District is about 

25


supporting the local hospital and working with the health care industry to attract new enterprises and 

make Wellington a destination for wellness. 

Mayor Margolis asked if the Village had any concrete applicants that were ready to move into the 

Medical Arts District. He noted that he had met with an applicant the previous week and there 

appeared to be some concerns that various entities have given their commitment to move; however, 

they have pulled out, specifically LECOM and the Proton facility. With respect to LECOM, Mr. Stillings 

said that they have a long-term plan to be in the area and establish a partnership with Wellington 

Regional Medical Center. He further stated that they were in this area in February noting that the 

President and Provost had toured Wellington and were very impressed with the community. Mr. 

Stillings said that there are no firm commitments at this time other than their verbal commitments that 

they are very excited about being part of Wellington and are interested in what is being done with the 

District and Wellington’s approach to wellness. Mr. Bill Nemser, Principal Planner, stated that he had 

spoken with LECOM this week, and they plan on coming down every four to six weeks with the intent 

of establishing a permanent facility sometime probably during the summer. He said that they 

emphasized that this would not be an enormous amount of people, but would only be 100 students at 

their ultimate build-out. He said that even so, this is a significant presence because they are such a 

well-known school and because of the educational opportunities that they would bring. Mr. Stillings 

pointed out that LECOM does have a presence at Wellington Regional as they have approximately 40 

residents and interns presently training at the hospital. 

Mayor Margolis said that having been a pharmaceutical representative, he came in contact with many 

of their residents, and spoke with Dr. Ferretti on a number of occasions although not recently. He said 

that his understanding was that their commitment was to build a medical school here possibly in 

addition to a pharmacy and nursing school; however, Mr. Nemser was saying that they will only be 

bringing in about 100 students, and he thought that those plans may have to shrink down a little bit. 

Mayor Margolis said that he envisioned a big medical school campus like in Sarasota and in Erie, 

Pennsylvania, and since they were reducing that size, he questioned whether there would ever be a 

medical school. He said that although they have been visiting, they have not done anything concrete 

and have only given a verbal commitment. He wondered if it was only 100 students that would go into 

the residency program versus building a facility that could attract jobs and help with the foreclosure 

rate. Mr. Stillings said that as an organization, it is his understanding that LECOM moves slowly and 

doesn’t take on debt. In addition, there is an incremental amount of students that they can bring in 

and at this time, they are limited as to the rounds that they are able to get locally in terms of 

expanding that capacity. Mayor Margolis questioned whether they would only be bringing in third year 

students. Mr. Stillings said that LECOM was working with the certifying agencies to have the ability to 

provide distance learning. He believed if they could work through those issues that would help them in 

their ability to expand their facilities here. He pointed out that this is very long term. 

With regard to the Proton facility, Mayor Margolis asked if Wellington had received a verbal 

commitment for them to come in. In response, Mr. Stillings said that there was no commitment to 

Wellington except conversations staff has that they are very interested in Wellington. He said that 

they like what is being done in the District and are very supportive of the location and like the 

opportunities in the area. 

Mayor Margolis said that it was his understanding that Mr. Slater was looking to the Village to help 

him with some funding mechanisms. Mr. Stilling said that Wellington has not been asked directly, but 

staff has gone to the State on several occasions to discuss possible funding, but have not committed 

any Wellington funds to that effort. 

26


Councilman Willhite asked if they would be able to get something from LECOM to say that they were 

more interested than just visiting, i.e., within next five years, their campus could be located in 

Wellington. He thought that such a commitment could assist in some marketing aspects of this area. 

Mr. Nemser said that he had a letter that he could distribute to Council that was addressed to Mr. 

Schofield from LECOM, dated February 9, 2012. He read the letter which stated that they were 

excited to partner with Wellington that offers excellence in education, business, recreation, 

architectural design, etc., along with other many outstanding attributes while maintaining a high 

standard of living and a wholesome family environment. Mr. Nemser said that LECOM have indicated 

that they move slowly and they are not sure how quickly they will build up beyond the initial stage. 

With regard to getting a commitment from them, Mr. Nemser said that they are expected to come 

down the beginning of the summer and are looking at leasing space which he felt is an excellent start. 

Since Wellington was not offering anything at this point other than the concept, he was not in a 

position to ask them to commit. 

Mayor Margolis recommended that Mr. Nemser set up meetings between Council and LECOM when 

they visit during the summer. 


unanimously passed (5-0) approving Resolution No. 2012-34 as presented. 

9. PUBLIC FORUM 

1. Tony Fransetta. Mr. Fransetta said that he received a telephone call that morning that he wanted 

to make public that the Village Council was going to cut out the seniors’ lunches. He said that he 

told the person on the telephone that wasn’t true, but the situation was that an employee of the 

Village was using his credit card and this was going to deal with credit card purchases. He noted 

that about $5,474 was charged since January and named the various establishments and the 

specific amounts. Mr. Fransetta believed that such actions needed to be stopped and was upset to 

receive a call from a senior resident who was starting a political rumor. He felt that when such 

information is brought forward it should be made public, and not through a private telephone call. 

He said that he was confident that Village staff would address this issue and there has to be a firm 

Village policy for employees. 

2. John Shubin. Mr. Shubin said that he was speaking as a follow-up to his correspondence to 

Village’s administration and to Council of last week where they requested that certain Certificates 

of Occupancy and Certificates of Completion that were issued for the Equestrian Village be 

rescinded and/or revoked. He said that they believe that those certificates as well as the 

underlying permits for the project were issued in error, were contrary to Wellington’s Code and 

certain conditions and resolutions, and they wanted to determine if they had in fact been revoked. 

Mr. Shubin said that since January 3, 2012, when his clients filed a lawsuit challenging the 

propriety of the building permits issued for Equestrian Village, they have vehemently maintained 

that the permits were contrary to the Code, contrary to the Comprehensive Plan, and never should 

have been issued. He said that they wanted to continue to bring to Council’s attention what they 

believe were certain improprieties relating to those permits. Mr. Shubin said that the best 

evidence of why those permits should not have been issued was the letter from Mr. Basehart to 

Mr. Bellissimo dated March 20 th which was clear that Mr. Basehart based his administrative 

interpretation on descriptions that were given to him by Mr. Bellissimo, understandings, and oral 

representations which ultimately turned out not to be consistent with the as-built project. Mr. 

Shubin believed that Wellington’s attorney would at some point tell them what the law is in Florida. 

He explained that Florida’s law is very clear explaining that when a building permit or certificate is 

issued and is contrary to Wellington’s land development regulations or when it is issued based on 

27


a misrepresentation or a mistake as to the underlying facts as is in this case, it must be revoked. 

Mr. Shubin said that the law in Florida is also clear that when you have misrepresentations of fact, 

mistakes of fact or they were issued contrary to law, they could be revoked without liability to the 

Village or the underlying municipality. He said that their purpose was to follow up on this 

reiterating that they believe the Certificates of Occupancy should be revoked as well as the 

Certificates of Completion, and that the building permits and the land development permits that 

were issued for the Equestrian Village should also be revoked based on the misrepresentations of 

fact, based on the mistakes of fact and based on the fact that they are clearly contrary to the 

Code. He said that they understand that they are involved in litigation with the Village and were 

not there to improperly engage Council, but was there for an accounting of what has occurred with 

respect to these certificates and he requested that Council continue to look into this matter. 

With respect to the Certificates of Occupancy and Completions that were issued, Mr. Kurtz explained 

that Village staff has determined to revoke those certificates. He explained they were being revoked 

not necessarily for the reasons alluded to by Mr. Shubin and there has been no determination to 

revoke the underlying permits as suggested by Mr. Shubin. He said that with respect to the 

Certificates of Occupancy and Completion they were revoked on two bases: (1) the original land 

development permit that was issued by the Village contained a provision that until the replat on that 

property was completed, no Certificates of Occupancy would be issued; and (2) for some of the 

building there, there was a requirement that there be a landscape plan in place which was not yet in 

place and had not yet been applied for. He said that there was no landscape permit issued with 

respect to that. Mr. Kurtz said that in order to complete the development, there needs to be a 

landscape permit issued and then adherence to that permit. Mr. Kurtz said that they were revoked late 

that evening and the permit holders were notified of that and their plaqueing of their buildings will take 

place the next morning. 

3. Dr. Marcia Radosevich, 5121 Las Palmas Avenue. She expressed a concern that taxpayers’ 

money was being wasted on the FAU contract to create an equestrian master plan. She 

suggested that Council impose a hiatus on that contract so that they could conduct a critical 

review of the scientific validity of that study. Based upon the information that she was able to 

obtain, Dr. Radosevich said that she had serious questions about the scientific validity of their 

methodology pointing out that she is an expert in that area. She further stated that if the scientific 

validity was not present, all of the information that was collected was meaningless and misleading, 

and as a result, any money that was spent on that would be wasted money. Dr. Radosevich said 

that it was her understanding that it is a rather considerable contract. She said that she did not 

know how the contract was granted or if there were scientists who reviewed the methodology, but 

based on what she was able to hear at the Equestrian Master Plan meetings, she had serious 

reservations about the scientific of their work and, therefore, of the taxpayers’ money in that 

contract. She said if Wellington needed assistance to find scientists who could review this, she 

could direct them to a number of nationally-known academics who could review the methodology 

and provide a sense of whether or not it is valid. 

In response, Mr. Schofield explained that FAU was not retained to do the equestrian master plan 

which was being done in-house. He further explained that the only involvement that FAU has is a 

very limited survey of users of venues. He said that they were looking at those in three components: 

(1) spectators; (2) vendors and (3) competitors. Mr. Schofield further stated that the only thing being 

done by FAU is some basic data gathering as it relates to people who use the venues and they are 

not doing anything beyond that, and is limited to some students who are out asking questions with 

staff. Mr. Schofield stressed that they have not been involved nor is there any intention to retain them 

to do the equestrian master plan. 

28


Dr. Radosevich asked if their methodology for collecting this data been reviewed by credible social 

scientists. Mr. Schofield said that the questions have been reviewed. Dr. Radosevich asked who 

reviewed the questionnaires. In response, Mr. Schofield said that those were reviewed by the 

Planning and Social scientists staff at Florida Atlantic University. Mr. Schofield said that he would 

be happy to meet with Dr. Radosevich on this matter, and asked Mr. Basehart to make the 

necessary contacts so that they could meet with her. Dr. Radosevich asked what the cost of the 

FAU contract was. In response, Mr. Schofield said that the overall contract with Florida Atlantic 

University for planning studies that is broader based is $250,000 over three years. Ms. Ramaglia 

pointed out that the stellar amount of that was less than $20,000 and was also to facilitate small 

group discussions. Mr. Schofield pointed out that staff did not get authorization to do some parts 

of the contract, but would get all of that information for Dr. Radosevich. 

4. Bart Novack. Mr. Novack said that he attended the Equestrian Master Planning meeting the 

previous night and he felt that those questions that were asked had predetermined answers. He 

thought to have 400 people complete a survey who may or may not live in Wellington was bogus. 

He felt that they needed input from the real people and that there were ways to quickly reach 

them, i.e., e-mail, telephone, tax rolls. Mr. Novack said that people clearly spoke about how upset 

they were on the elements. He felt that a major overhaul was needed to develop better questions. 

10. ATTORNEY’S REPORT 

MR. KURTZ: Mr. Kurtz presented the following report: 

 

Mr. Kurtz reported that an Attorney/Client session was held on Monday, April 23 rd with respect 

to the Jacobs lawsuits and the McCullough lawsuits. With respect to both those matters, 

Council’s direction was to see if an early or expedited mediation could be engaged in. Mr. 

Kurtz said that he contacted the attorneys for the various parties regarding this. He stated that 

no confirmation had yet been received from Mr. Rosenbaum, Mr. Bellissimo’s attorney, 

regarding his client’s position; however, Mr. Shubin, representing the Jacobs, indicated that 

they would be willing to participate in the early mediation. He said that he had a favorable, 

although not a committal discussion with the attorneys for Ms. McCullough on the subject. In 

light of the anticipated mediation, Mr. Kurtz suggested that Council defer from contact with 

either Mr. Bellissimo or his representatives or the Jacobs or Ms. McCullough and their 

representative until the mediation effort was resolved. In addition, he also suggested that 

Council appoint Mr. Schofield as the representative if the mediation is scheduled. He said that 

the hope was for them to meet as quickly as possible, and if there was an opportunity to meet 

prior to the next Council meeting or shortly thereafter, he wanted to coordinate with the City’s 

representative in the scheduling of the mediation. Mr. Kurtz recommended that if Council had 

meetings planned with any of these parties that they defer those meetings until the litigation 

was resolved. 

Vice Mayor Coates asked Mr. Kurtz if he was suggesting that Mr. Schofield be the representative at 

the mediation. Mr. Kurtz responded affirmatively. Vice Mayor Coates was of the opinion that Mayor 

Margolis should be their representative because he thought that person needed to have binding 

authority. Mr. Kurtz explained that during the mediation, they would enter into an order indicating that 

because they are a governmental entity, they do not have the ability to send one person to bind them 

and they do not want to open the meeting up to Sunshine. He said that the result of mediations with 

municipalities is recommendations that will be brought back to Council for final approval. He felt to do 

a mediation other than that is next to impossible. 

29


Vice Mayor Coates was of the opinion that they should have one of the elected officials present at the 

mediation. He thought that the representative should be someone who was elected to Council. 

Councilman Willhite concurred with Vice Mayor Coates that an elected official should represent 

Wellington along with Mr. Schofield. Mayor Margolis also voiced his support of that suggestion. 

Councilman Greene thought that it might make sense to have Vice Mayor Coates be their 

representative since he is an attorney. Vice Mayor Coates pointed out that Council could only have 

one elected official there because of the Sunshine law. 

Mr. Kurtz pointed out that the difficulty that the elected official encounters as the representative is that 

they don’t have the ability to speak to other members of Council on the issue nor could they receive 

information from him as to what the other Councilmembers may be thinking on the issue. He said that 

is the problem of having an elected official be the sole representative during the mediation. 

Councilman Willhite said his suggestion was to have an elected official along with Mr. Schofield. 

Mr. Kurtz explained that even if the elected official is not the sole representation, it still presents the 

same problem explaining that if either he or Mr. Schofield is in a position that they would have talked 

to Council about the issues individually; there is the possibility of a Sunshine law violation if they were 

to communicate that to Council. He said that it was not his experience that elected officials participate 

in that role as the representative. Mr. Kurtz explained that the representative’s role along with him is 

they negotiate based on the direction that Council has given and then they would bring back a 

recommended settlement if a settlement is achieved. He reiterated that it was not a situation in which 

a decision would be made that would bind anyone at mediation, but it would be subject to Council 

approval. 

Councilman Greene asked if that would be more of a conflict explaining that Council meets 

individually with Mr. Schofield and Mr. Kurtz. Mr. Schofield explained that he could speak to Council 

as long as he doesn’t convey a request on how they might vote noting that Council may not speak to 

each other. As an example, Mr. Kurtz explained that the previous day they went into an 

Attorney/Client session and from those discussions both he and Mr. Schofield get a perception of 

where Council is on the issue and they follow that direction which is the basis of their negotiations. 

During the course of the negotiations, as things arise they will advise Council as to their status; 

however, ultimately, the decision comes back to Council as a whole and there is more ability for a 

staff member to act as the representative than the Council so that they would not be cast into the 

position of negotiating on behalf of the entire Council. 

Councilman Willhite asked Mr. Kurtz if these proceedings were open. Mr. Kurtz responded 

negatively. Councilman Willhite said that there would not be an opportunity for an elected official to sit 

in on the mediations. 

Mayor Margolis expressed his concern that the information that Mr. Kurtz would bring back to Council 

was based on the negotiations that Mr. Schofield would have with the other mediating party. Mr. 

Kurtz explained that it would be him, Mr. Schofield, a mediator and representatives of the other 

parties. Mayor Margolis said that wouldn’t give this Council a sense of exactly of what was going on 

at all times. He deferred to Vice Mayor Coates as their representative if he has the time noting that he 

would feel more comfortable with a member of the Council to be able to at least observe the 

proceedings. 

30


At this time, Mr. Shubin approached the Council and asked to be recognized. Mayor Margolis 

recognized Mr. Shubin to speak. Mr. Shubin explained to Council that there was a process that is 

routinely used and is embedded in the Florida Statutes and is called Florida Land Use and 

Environmental Dispute Resolution Act (FLUEDRA) which is a state-mandated process for mediation 

dealing with land use disputes. He said that he was not suggesting that this fell into FLUEDRA, but it 

is a process that has been used by municipalities for 20 years noting that he has participated in it. Mr. 

Shubin pointed out that this is a public process. He said that he would consult with his client, but 

noted that they would not have a problem participating in a public mediation along the lines of this 

type of process. He further stated that it is noticed so that there are no Sunshine Law issues and 

routinely council members from the municipality can attend. Mr. Shubin said that there were some 

issues when you get to a “break out” noting that in a typical mediation you try to break out with your 

client and in this situation, you don’t have the same amount of privacy as there is in a normal 

mediation. Mr. Shubin reiterated that this process has been used for 20 years with great results. He 

said that it was Council’s choice, and they would want to know the terms of the mediation noting that 

they agreed in principle to the terms of the mediation, but he would not have a problem 

recommending following FLUEDRA as a model. He said that there were cases on how this type of 

mediation is conducted. He said that the biggest difference is that this is open to the public as 

opposed to being a private mediation. 

Councilman Greene asked if the open session is where everyone could attend, and then the private 

session is where the individual parties are taken into a room with a mediator to discuss the settlement. 

Mr. Shubin said that they have FLUEDRA mediation where they have had news cameras, but usually 

there is an informal rule that although people are allowed to be involved in the caucusing that it is a 

public process. He said that from Wellington’s standpoint, it didn’t matter because the Village could 

not commit at that mediation, and all they could do is assemble the respective positions because 

everything that is done in terms of a settlement has to be done at a public meeting that is noticed. 

Mr. Kurtz said that Wellington could not mandate how the mediation can take place, but can only 

agree or disagree to participate in the process. He said if Council wants staff to explore the 

FLUEDRA mediation they could do, but they will not have mediation at this juncture if Mr.Bellissimo 

did not agree to it. He also said that if Council wants to discuss this with the other parties, it should not 

be discussed in an open forum without the other parties present. 

Councilwoman Gerwig said that she was uncomfortable and that Council has an attorney and has the 

opportunity to get his advice. She thought it was inappropriate to get advice from one of the attorneys 

for one of the parties. 

Mr. Schofield said that there are rules and procedures, and if they want to change them, they should 

formally make that note. 

Mr. Kurtz suggested that they try to work out a mediation, and then they will let Council determine at a 

later date who the representative should be. 

Councilman Greene said that for the record that since they have disclosed that they are trying to 

move toward mediation and have opened that up as an option for all the parties involved, that they will 

open up all types of mediation for those parties who are interested in pursuing that to resolve this. He 

said if it made sense for the Village to explore all the different types of mediation in order to do this, 

then he felt that should be done. Mr. Kurtz suggested that Council direct Mr. Kurtz to discuss the 

mediation format with the parties, but the primary direction was to get to a mediation. He said that he 

did not want to pre-determine or negotiate with one side as to how that mediation is going to occur. 

31


Mayor Margolis asked if Mr. Kurtz was recommending that if any meetings are scheduled to take 

place between interested parties that Council not attend. Mr. Kurtz suggested that the Council not 

meet on an individual basis with any of the parties so that they can facilitate those discussions and not 

open up five or six different discussions as to where settlement should be. 

Vice Mayor Coates asked if they anticipated that the mediation could occur prior to the next meeting 

reiterating that he felt very strongly that an elected official should be at the mediation. Mr. Kurtz said 

that it wouldn’t take place until after the next meeting which would May 8 th . He said that he was 

hoping to get the mediation accomplished by May 22 nd . He said there are a number of things that they 

have to negotiate: format, agree to mediator and other things of that nature pointing out that the goal 

was to do this as quickly and efficiently as possible. 

Mayor Margolis said that the Council’s opinion was that one of the options is to have a Council person 

present at the mediation. 

For the record, Councilwoman Gerwig said that she preferred that a council member not be present at 

the mediation understanding that it would be brought to Council. 

Mr. Kurtz said that his understanding was that he would report back at the next meeting as to whether 

or not they have been successful in negotiating the terms of the mediation and what the options are 

with respect to the representative at the meeting. 

At this time, Ms. Janna Lhota said that she wanted to make some comments with regard to her client 

and the mediation. She said that representation had been made by Mr. Kurtz in terms of their 

receptiveness to the mediation which she wanted to speak to. 

Council allowed Mr. Lhota to speak. 

Ms. Janna Lhota, Attorney with Holland & Knight, Counsel for Victoria McCullough. She said that she 

had a conversation earlier in the day with Mr. Kurtz and Mr. Theus and advised that she had to speak 

with her client. She said that they had a later conversation where she clearly expressed that they had 

serious concerns regarding a mediation, not one in part if all of the parties would effectively be at the 

table, not referring to the Village, but with respect to the time on their part noting that their hearing 

took place in October. She pointed out that lawsuits were filed in December which have been 

pending for quite some time and there is a great deal of uncertainty regarding her client’s property and 

the timeframe that would go into scheduling mediation and resolving all the issues, they were 

concerned that it was another delay tactic. 

11. MANAGER’S REPORT & UPDATES 

MR. SCHOFIELD: Mr. Schofield presented the following report: 

 

 

The next regular Council meeting was scheduled for May 8, 2012 at 7:00 p.m. in City Hall. 

A rededication ceremony for Tiger Shark Cove was scheduled for Saturday, May 5, 2012 at 

10:00 a.m. 

Wellington was now accepting applications for volunteers for their boards and committees. 

Applications and more information could be obtained on Wellington’s web site or by contacting 

the Clerk’s Office. 

The last Green Market event would be held on Saturday, April 28, 2012. 

32


12. COUNCIL REPORTS 

COUNCILMAN GREENE: No report. 

COUNCILMAN WILLHITE: Councilman Willhite presented the following report. 

Councilman Willhite wanted to see Wellington quickly move into mosquito abatement and 

control. Mr. Schofield said that mosquito control has started and will resume the following 

week. 

Councilman Willhite said that Wellington initiated the Art in Public Places program and some 

artwork was on display in the Second Floor gallery of Village Hall. He noted that the artwork 

will be displayed on a rotational basis. An Open House is scheduled for May 22 nd to have 

 

local artists come in. He noted that the art work can be purchased. 

He reported that he worked on the Lobbyist Registration Ordinance with the League of Cities 

noting that the ordinance is on line. He pointed out that the Village has an ordinance in place 

that doesn’t allow them to participate. Mr. Schofield announced that staff is working on an 

ordinance to rescind Wellington’s current ordinance which would then allow us to use Palm 

Beach County’s ordinance. 

Councilman Willhite said that the previous week there was a meeting of the U.S. Polo 

Association in Wellington. He stated that he supported Wellington’s efforts in doing what 

could be done to have them locate in Wellington. He said that he spoke with Congressman 

Deutsch who was willing to do whatever he could to help on the federal level. Councilman 

Willhite asked that staff draft a letter to send to U.S. Polo in this regard. Mr. Schofield said that 

staff would draft a letter for the Mayor’s signature indicating Council’s support for the U.S. 

Polo Association to locate in Wellington. Council supported this letter being written. 

Councilman Willhite announced that he would not be able to attend the opening of Tiger 

Shark Cove as he was going to be participating again in the Honor Flight accompanying 

World War II veterans to Washington, D.C. 

 

 

He asked Mr. Kurtz to include a check box on the Agenda summary to indicate if an item was 

quasi-judicial. Mr. Kurtz responded affirmatively. 

Councilman Willhite said there is a Wellington Community Foundation meeting scheduled and 

recommended that Vice Mayor Coates become the Chair. Mr. Kurtz explained that action 

needed to be taken at a Foundation meeting noting that one was scheduled for May 21 st . Mr. 

Schofield said that one could be scheduled sooner if that was the desire of Council. He noted 

that the Foundation meetings are usually scheduled at the end of the Agenda Review. He 

said that the next Agenda Review meeting was scheduled for May 7 th . Councilman Willhite 

said he would like the meeting scheduled for the earlier date noting that there are many 

issues that needed to be worked on. 

Councilwoman Gerwig: Councilwoman Gerwig presented the following report. 

She reported that she had attended the Earth Day celebration at the Amphitheatre which was 

well-attended. 

Councilwoman Gerwig reminded everyone about the acoustics in the room explaining that all 

whispers could be heard on Council. 

Vice Mayor Coates: Vice Mayor Coates presented the following report: 

He reported that he had attended the Western Communities Council meeting and the topic 

was the SR7 extension. He requested that, at the next meeting, staff make a presentation to 

Council on the status of SR7 and what they believed the impact to Wellington would be. 

33


Councilman Willhite suggested having this as a regular agenda item for the benefit of the 

residents. Mr. Schofield said that would be scheduled as a regular agenda item. 

With regard to the comment made about the mediation being a delay tactic, Vice Mayor 

Coates said that the Village has no interest in being involved in litigation. He felt that they were 

duty bound to get a matter into mediation before thousands of dollars were spent by 

taxpayers. 

Mayor Margolis: Mayor Margolis presented the following report: 

Mayor Margolis reported that he had attended a dog wash at the Dog Park over the past 

weekend which was a good event. 

He announced that the next day was Administrative Assistants’ Day and extended his 

appreciation to all of the assistants in the Village who do a good job. 

Mayor Margolis stated that there will be a gallery of photographs of previous members of 

Council. He commended staff for doing that and said that he had thought that should be done 

for a long time. 

13. ADJOURNMENT 

There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. 

Approved: 

___________________________ 


___________________________ 

Awilda Rodriguez, Clerk 

34


7. A 



AGENDA ITEM NAME: RESOLUTION NO. R2012-11 (PALOMINO EXECUTIVE PARK MASTER 

PLAN AMENDMENT) 

A RESOLUTION OF THE COUNCIL OF WELLINGTON, FLORIDA APPROVING THE MASTER 

PLAN AMENDMENT FOR PETITION NUMBER 2011- 40 MPA 2, ALSO KNOWN AS PALOMINO 

EXECUTIVE PARK, A PARCEL OF LAND, TOTALING 12.15 ACRES, MORE OR LESS, LOCATED 

APPROXIMATELY ONE MILE NORTH OF LAKE WORTH ROAD ON THE WEST SIDE OF STATE 

ROAD 7, AS MORE SPECIFICALLY DESCRIBED HEREIN, TO ALLOW 112,400 SQUARE FEET OF 

PROFESSIONAL / MEDICAL OFFICE WITH A MAXIMUM 112,400 SQUARE FEET OF MEDICAL 

OFFICE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND 





PUBLIC HEARING: Yes No QUASI-JUDICIAL: 

FIRST READING: 

SECOND READING: 

REQUEST: Approval of Resolution No. R2012-11 Master Plan Amendment (2011-40 MPA 2) to 

change the approved uses from 110,000 square feet of professional/medical office to a maximum 

112,400 square feet of professional/medical office. 

EXPLANATION: International Real Estate Acquisitions, LLC. and Palomino Executive Park POA, are 

seeking to increase the approved use from 110,000 square feet of professional/medical office to 

112,400 square feet of professional/medical office. Both the previously approved Comprehensive Plan 

Amendment and Master Plan Amendment have almost identical conditions that limit the approved 

uses. Council recently adopted Ordinance No. 2012-04 (Comprehensive Plan Amendment 2011-40 

CPA 2) on April 10, 2012 to change the approved use to allow the 112,400 square feet of 

professional/medical office. 

This Master Plan Amendment request is for an additional 2,400 square feet for the proposed 

expansion of Building 1 (Cyber Knife) to accommodate their radiation accelerator equipment. 

Staff is recommending a condition to install mast-arm signal at the Palomino Drive and State Road 7 

intersection. Staff is currently processing two (2) other petitions (Wellington Parc and Wellington 

Charter School) that will also impact this intersection. The Palm Beach County Traffic Division has


identified impacts with this development and other proposed developments that will warrant 

signalization at the intersection. 

The requirement for the Palomino Executive Park project to pay for the signalization was a condition 

previously approved by Council and required the Palomino Executive Park Property Owners 

Association to fund the cost of the signal and provide Palm Beach County Traffic Division with a 

surety bond. The Property Owners Association did not provide a surety bond to Palm Beach County 

Traffic Division as required by the condition and the condition inadvertently was released by the 

County Traffic Division. 

The County Traffic Division has requested Wellington to reinstate the signal condition. Staff is 

recommending the following condition of approval for the Property Owners Association: 

Resolution No. 2012 – 11 Condition No. 6 

“Prior to issuance of any building permit, the property owner’s association shall enter into a multi-party 

agreement with Wellington and Palm Beach County to permit, fund, install and have operational a 

mast-arm traffic signal at State Road 7 and Palomino Drive.” 

The Palomino Executive Park Property Owners Association will be required to fund its prorated share 

of the signal based on the project’s anticipated trips. The applicant (International Real Estate 

Acquisitions, LLC. / AKA Cyber Knife) along with all the other owners of the Palomino Executive Park 

will be required to pay their prorated share as was originally stated on the previously approved 

development order. Staff is aware the applicant’s (Cyber Knife) request for an additional 2,400 square 

feet is minimal, however if the Palomino Executive Park Property Owners Association (all owners) are 

not required to enter into a multi-party agreement to pay their share the signal will not be provided at 

this intersection. 

Staff notes the following: 

 

 

Palomino Executive Park Property Owners Association was originally required to fund the signal. 

The funding of the signal is anticipated to be shared by Palomino Executive Park Property Owners 

Association, Wellington Parc, Wellington Charter School and Palm Beach County. 

The signal will likely not be provided at this intersection if Palomino Executive Park Property 

Owners Association and these other pending developments are not required to enter into a multiparty 

agreement. 

 

A signal at the Palomino Drive and State Road 7 intersection will benefit this project, proposed 

nearby developments along with Versailles PUD and the existing unincorporated residential 

communities of Palm Beach County (Palm Beach Ranchettes, Talavera and Farmington Estates). 



VILLAGE GOAL: Responsive Government


RECOMMENDATION: Approval of Resolution No. R2012-11 Master Plan Amendment (2011-40 

MPA 2) to change the approved uses from 110,000 square feet of professional/medical office to a 

maximum 112,400 square feet of professional/medical office.


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

RESOLUTION NO. R2012 - 11 

A RESOLUTION OF THE COUNCIL OF WELLINGTON, FLORIDA, 

APPROVING THE MASTER PLAN AMENDMENT FOR PETITION 

NUMBER 2011- 40 MPA 2, ALSO KNOWN AS PALOMINO 

EXECUTIVE PARK, A PARCEL OF LAND, TOTALING 12.15 

ACRES, MORE OR LESS, LOCATED APPROXIMATELY ONE MILE 

NORTH OF LAKE WORTH ROAD ON THE WEST SIDE OF STATE 

ROAD 7, AS MORE SPECIFICALLY DESCRIBED HEREIN, TO 

ALLOW 112,400 SQUARE FEET OF PROFESSIONAL / MEDICAL 

OFFICE WITH A MAXIMUM OF 112,400 SQUARE FEET OF 

MEDICAL OFFICE; PROVIDING A CONFLICTS CLAUSE; 

PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN 


WHEREAS, the Council, as the governing body of Wellington, Florida, pursuant to the 

authority in Chapter 163 and Chapter 166, Florida Statutes, and the Land Development 

Regulations, as adopted by Wellington, is authorized and empowered to consider petitions 

related to zoning and land development orders; and 

WHEREAS, the notice and hearing requirements as provided in Article V of the Land 

Development Regulations, as adopted by Wellington, have been satisfied; and 

WHEREAS, the subject site was annexed into Wellington on February 10, 2004 by 

Ordinance 2003-037; and 

WHEREAS, the subject site is zoned Community Commercial District; and 

WHEREAS, the Council approved the Master Plan on April 25, 2006 by Resolution No. 

R2006-01; and 

WHEREAS, the Council approved a Development Order Amendment (Resolution No. 

R2008-110) to amend conditions of the approved master plan; and 

WHEREAS, the Master Plan Amendment was reviewed by the Planning, Zoning and 

Adjustment Board at a public hearing conducted on January 4, 2012; and 

WHEREAS, the Council has considered the evidence and testimony presented by the 

Petitioner and other interested parties and the recommendations of the various Wellington and 

Palm Beach County review agencies and staff; and 

WHEREAS, The Council has made the following findings of fact: 

1. The proposed Master Plan Amendment is consistent with the Comprehensive Plan. 

2. The subject request is consistent with the stated purposes and intent of the Code. 

3. The requested Master Plan Amendment is consistent with the surrounding land uses 

RESOLUTION NO. R2012-11 Page 1 of 6


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

and zoning districts. 

4. No adverse impacts to the natural environment are expected to occur as a result of 

an approval of the Master Plan Amendment request. 

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF WELLINGTON, 

FLORIDA that: 

SECTION 1. The Master Plan Amendment of Palomino Executive Park Property Owners 

Association and International Real Estate Acquisitions, LLC., Owners, and Cotleur & 

Hearing, Inc., Agent, is hereby approved for real property as described in Exhibit 1, subject 

to the conditions of approval contained herein, which are in addition to the general 

requirements otherwise provided by ordinance: 

SECTION 2. The subject site shall be subject to the following conditions of approval: 

1. This approval is based on a Master Plan entitled, “Palomino Executive Park” prepared 

by Environment Design Group Cotleur & Hearing. All development approved herein 

shall be consistent with the Master Plan (Exhibit 2) received by the Planning, Zoning 

and Building Department date stamped on October 8, 2008 December 1, 2011 

(Revision Date 11/28/11). (PLANNING) 

2. The following uses are approved: 

a. 110,000 112,400 square feet of professional/medical office space uses with a 

maximum of 110,000 112,400 square feet of medical office allowed. 

b. Accessory uses as permitted in the Office Commercial zoning district. 

(PLANNING) 

3. In order to comply with the mandatory Traffic Performance Standards, in place at the 

time of this approval, no building permits for the site shall be issued after December 31, 

2010 2015. A time extension for this condition may be approved by the County 

Engineer based upon an approved Traffic Study which complies with mandatory Traffic 

Performance Standards in place at the time of the request. (TRAFFIC) 

4. The County traffic concurrency approval is subject to the Project Aggregation Rules set 

forth in the Traffic Performance Standards Ordinance. (TRAFFIC) 

5. Prior to issuance of the first building permit, because the traffic analysis relied on the 

temporary General CRALLS in order to demonstrate compliance with TPS, the Property 

Owners Association shall pay a one-time mitigation fee of $1,404.00 (per Article 

12.B.2.D.4.a, $36 per net Project peak hour trip times 39 net trips on the affected link) 

within 60 days of development order amendment approval. (TRAFFIC) complied 

6. The Property Owners Association shall fund the cost of signal installation if warranted 

as determined by the County Engineer and FDOT at the Project Entrance/Palomino 

Drive and SR 7. Signalization shall be a mast arm structure installation. The cost of 

signalization shall also include all design costs and any required utility relocation and 



1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

right of way or easement acquisition. Certificates of Occupancies for the additional 

medical office square footage shall not be issued until the Property Owners Association 

provides to the Palm Beach County Traffic Division in an amount as determined by the 

Director of Traffic Division acceptable surety in the form of a cash bond, letter of credit, 

performance or surety bond, or escrow deposit agreement which shall be in an 

acceptable form as determined by the Village Attorney. (TRAFFIC) 

7. In order to be relieved from this requirement and to have the surety posted for the traffic 

signal at the Project Entrance/Palomino Drive and SR 7 returned, the Property Owners 

Association shall provide written notice to the Traffic Division stating that the final 

certificate of occupancy has been issued for this development and requires that a signal 

warrant study be conducted at the Project Entrance/Palomino Drive and SR 7, OR the 

Property Owners Association shall provide written documentation to the Traffic Division 

that the property has been sold and that a replacement surety has been provided to the 

Traffic Division by the new Property Owner. The Traffic Division shall have 24 months 

from receipt of the notice of final Certificate of Shell Completion on the building shells to 

either draw upon the surety to construct the traffic signal or release the surety. 

TRAFFIC) 

5. Prior to issuance of any building permit, the property owner’s association shall enter into 

a multi-party agreement with Wellington and Palm Beach County to permit, fund, install 

and have operational a mast-arm traffic signal at Palomino Drive and State Road 7. 

(PLANNING/TRAFFIC) 

6. If the traffic signal at Palomino Drive and State Road 7 is not installed the owner shall 

permit, fund, install and have operational the following roadway improvements as 

required by Wellington Engineer. 

a) a raised directional median opening at the Palomino Drive and State Road 7 

intersection; and 

b) the extension of the existing southbound U-turn lane at the directional median 

opening located approximately one-quarter mile south of Palomino Drive to a 

minimum length of 390 feet plus a 50 foot taper. (PLANNING/TRAFFIC) 

8. 7. Prior to March 31, 2009 July 1, 2012, the petitioner shall record in the public record a 

cross-access easement with the property to the south (Wellington Parc) in a manner 

and form approved by the Village Wellington Attorney. The location of the easement 

shall be as provided in Tract A Tract 4 of the Plat of Palomino Executive Park Plat (Plat 

Book 108, Pages 116 - 117) and be consistent with the existing improvements. This 

requirement may be deleted by the Village of Wellington subject to an amendment to 

the Development Order in accordance with the LDR and Florida Statutes. 

(PLANNING/VILLAGE ATTORNEY) 



1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

9. 8. The property owner to the south (Wellington Parc) shall will be entirely responsible for 

the cost of construction of the cross-access to the property to the south. The property 

owner to the south shall be required to and Palomino Executive Park Property Owners 

Association shall enter into an agreement to reimburse this petitioner for a proportional 

share of the cost of on-going maintenance obligations for the cross-access based on 

each project’s trip generation and their impact to the shared roadway 

improvements. The proportional share of the cost of construction and the share of the 

cost for on-going maintenance shall be determined by the Village Wellington Engineer. 

Furthermore, the property owner to the south shall be required to enter into an 

agreement whereby the Property Owners Association is reimbursed 27.0 percent (27%) 

of the cost of signal installation, should such signal be installed and the cost of 

installation be incurred by the Property Owners Association. (PLANNING/VILLAGE 

ATTORNEY/ENGINEERING) 

9. The additional 2,400 square feet shall be limited to the existing 12,400 square feet 

Medical Office Building on Lot 1 for medical use only. (PLANNING) 

SECTION 3: Should any section, paragraph, sentence, clause, or phrase of this 

Resolution conflict with any section, paragraph, clause or phrase of any prior Ordinance, 

Resolution, or municipal Code provision, then in that event the provisions of this Resolution 

shall prevail to the extent of such conflict. 

SECTION 4: Should any section, paragraph, sentence, clause, or phrase of this 

Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall 

not affect the validity of this Resolution as a whole or any portion or part thereof, other than the 

part so declared to be invalid. 

SECTION 5: This Resolution shall become effective immediately upon adoption. 

PASSED AND ADOPTED this _____ day of ___________________, 2012. 

ATTEST: 

WELLINGTON, FLORIDA 

BY: __________________________ BY: _______________________________ 

Awilda Rodriguez, Clerk 


APPROVED AS TO FORM AND 

LEGAL SUFFICIENCY 

BY: __________________________ 

Jeffrey S. Kurtz, Attorney 



1 

2 

3 

4 

5 

6 

7 

8 

Exhibit 1 

Legal Description 

TRACT 15 AND 16, BLOCK 26, PALM BEACH FARMS COMPANY PLAT NO. 3, 

ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGES 45 

THROUGH 54, LESS THAT PORTION DESCRIBED AS PARCEL 105 IN THE AGREED 

ORDER OF TAKING RECORDED IN O.R. BOOK 9629, PAGE 99, PUBLIC RECORDS OF 

PALM BEACH COUNTY, FLORIDA. 



Exhibit 2 

1 



STAFF REPORTT 

PLANNING & ZONING DIVISION 

I. PETITION DESCRIPTION 

Petition No.: 

Project Name: 

Owner/Petitioner: 

International Real Estate Acquisitions, LLC. 

2301 W. Woolbright Ave. 

Boynton Beach, FL 33426 

Agent: 

Request: 

Donaldson Hearing 

Cotleur & Hearing, Inc. 

1934 Commercee Lane, Suite 1 

Jupiter, FL 33458 

The petitioner is 

requestingg a Master Plan Amendment to change 

the approved uses to 112,400 square feet of professional/medical 

office 

with a maximum of 112,400 square feet of 

medical office 

and relocate/add 

d sidewalk. 

II. 

SITE DATA 

Existing Use: 

Parcel Size: 

Professional/Medical Officee 

12.15 

acres 

Existing Land Use: Office 

Commercial 

Existing 

Zoning District: 

Community Commercial 

Parcel Control No’s.: 

Master Plan Amendment: 2011-40 MPA 2 

Palomino Executive Park 

Palomino Executive Park POA 

C/O The Continental Groupp Inc. 

3461-B Fairlane 

Farms Road 

Wellington, FL 33414 

73-41-44-24-07-001-0000; 73-41-44-24-07-004-0000; 

73-41-44-24-07-005-0000; 73-41-44-24-07-023-0000; 

73-41-44-24-08-000-(1010 to 3150); 

73-41-44-24-09-000-(1000 to 2060) 

Page 1 of 16


Location: 

The subject property is located approximately one mile north of 

Lake Worth Road on the west side of State Road 7. Exhibit “A” is 

a Location Map and Exhibit “B” is the legal description. 

III. LAND USE AND ZONING 

EXISTING LAND USE, FUTURE LAND USE & ZONING 

Dir. Existing Land Use Future Land Use Zoning 

North Farmington Estates PBC LR 2 (Low Residential 

limited to 2 dwelling units/acre) 

RTS/SE (Residential 

Transitional 

Suburban/Special 

Exception) 

South Wellington Parc Mixed Use Multiple Use Planned 

Development (MUPD) 

East Palm Beach County PBC-Commercial PBC-Commercial 

West Versailles Preserve Residential “C” Planned Unit 

Development (PUD) 

IV. SITE HISTORY 

The parcel was annexed into Wellington on February 10, 2004 by Ordinance No. 2003- 

37. The Future Land Use designation of Office Commercial was adopted on March 7, 

2006 by Ordinance No. 2006-09. The Rezoning to Community Commercial was adopted 

on April 25, 2006 by Ordinance No. 2006-01. The Master Plan was approved on April 25, 

2006 by Resolution No. 2006-01 and a Development Order Amendment to amend 

conditions of the master plan was approved on January 13, 2009 by Resolution No. 

2008-110. The 12.15 acre property is currently developed with three buildings. 

The petitioner submitted a Comprehensive Plan Amendment (CPA) and Master Plan 

Amendment (MPA) application on October 26, 2011 to change the previously approved 

uses to add 2,400 square feet for a total of 112,400 square feet of professional/medical 

office with a maximum of 112,400 square feet of medical office and relocate/add 

sidewalk. 

V. DEVELOPMENT REVIEW COMMITTEE (DRC) 

The Comprehensive Plan Amendment (CPA) and Master Plan Amendment (MPA) 

applications were certified by the DRC on November 28, 2011 with conditions. 

VI. STAFF ANALYSIS 

The agent Donaldson Hearing of Cotleur & Hearing, Inc., on behalf of the owner, 

International Real Estate Acquisitions, LLC. and Palomino Executive Park POA, is 

requesting a Master Plan Amendment to amend the approved use from 110,000 square 

feet of professional/medical office to 112,400 square feet of professional/medical office 

and relocate/add sidewalk. Both the previously approved Comprehensive Plan 

Amendment and Master Plan Amendment have the same conditions of approval that 

currently limit the approved uses to 110,000 square feet of professional/medical office. 

Page 2 of 16


The proposed change is for 2,400 square feet of medical office to allow a proposed 

expansion to Building 1 (Cyber Knife) to accommodate their radiation accelerator 

equipment. The petitioner is proposing to expand the building on the east side, 

relocate/add sidewalk and remove a monument sign (Exhibit “C”). The more detailed Site 

Plan (Exhibit D) has been included in the staff report. With the increase in square footage 

this site will still remain consistent with Wellington’s Comprehensive Plan and Land 

Development Regulations (LDR). The site will remain as previously approved with only 

minor changes to the Building 1 footprint and overall site data. All applicable building 

heights, setbacks and parking requirements are consistent with the LDR. 

The Palm Beach County Traffic Division has reviewed the traffic impact analysis 

submitted for the proposed change in square footages for this property. Exhibit “E” is the 

Palm Beach County Traffic Division letter that identified impacts this development and 

two (2) other surrounding developments will warrant signalization at the Palomino Drive 

and State Road 7 intersection. The PBC Traffic Division provided conditions to mitigate 

site related impacts. The traffic impact analysis was also reviewed and accepted by 

Wellington’s Traffic Consultant for compliance with Traffic Performance Standards. 

Exhibit “F” is the Traffic Consultant letter with three (3) recommended conditions of 

approval which staff has incorporated into the master plan conditions. 

Staff is currently processing petitions for the two (2) other nearby developments indicated 

below that will also impact the intersection of Palomino Drive and State Road 7: 

 

 

Wellington Parc – Comprehensive Plan and Master Plan Amendment currently 

proposed for 158 multi-family rental units, 65,000 square feet of combined 

commercial/office and 3.72 acres of open space. 

Wellington Charter School (Wellington Design) – Comprehensive Plan and 

Development Order Amendment to allow a 1,200 student private school for grades 

K – 8 totaling 75,000 square feet. 

The requirement for Palomino Executive Park and Wellington Parc to pay their fair share 

of the signalization at the Palomino Drive and State Road 7 was a condition previously 

approved by Council. That requirement is still in place per conditions approved by 

Wellington for both projects and as noted above, applications have been submitted to 

intensify these two projects at the intersection. The original condition for signalization 

required the Palomino Executive Park project to fund the installation of a traffic signal if 

warranted within 24 months of the issuance of the last Certificate of Occupancy for the 

project. The funding of this signal should also have been previously bonded by Palomino 

Executive Park Property Owners Association. A warrant study was submitted by 

Palomino Executive POA to Palm Beach County Traffic Division in 2011 and the County 

inadvertently released this project from the signalization requirement. Apparently surety 

was also never submitted to the County as required by the previous condition of 

approval. 

Staff and Palm Beach County Traffic Division are recommending this project enter into an 

expanded multi-party agreement to be coordinated with Wellington and Palm Beach 

County to permit, fund, install and have operational a mast-arm traffic signal at Palomino 

Drive and State Road 7. This applicant (International Real Estate Acquisitions, LLC. / 

Page 3 of 16


AKA Cyber Knife) along with the other owners of the Palomino Executive Park (copetitioner) 

are anticipated to pay their prorated share of the proposed signal as was 

originally required on the previously approved condition. Staff is aware the applicant’s 

(Cyber Knife) request for an additional 2,400 square feet is minimal, however if the 

overall Palomino Executive Park Property Owners Association is not required to also 

enter into a multi-party agreement to pay their prorated share the signal will not be 

funded or provided at this intersection. The other adjacent projects (Wellington Parc and 

Wellington Charter School) will also have a similar condition of approval to enter into this 

multi-party agreement and pay their prorated share towards the mast-arm signal cost. 

Staff notes the following: 

Palomino Executive Park Property Owners Association was originally required to 

fund the signal. 

The funding of the signal is anticipated to be shared by Palomino Executive Park 

Property Owners Association, Wellington Parc, Wellington Charter School and Palm 

Beach County. 

The signal will likely not be provided at this intersection if Palomino Executive Park 

Property Owners Association and these other pending developments are not 

required to enter into a multi-party agreement. 

A signal at the Palomino Drive and State Road 7 intersection will benefit this project, 

proposed nearby developments along with Versailles PUD and the existing 

unincorporated residential communities of Palm Beach County (Palm Beach 

Ranchettes, Talavera and Farmington Estates). 

VII. PUBLIC NOTIFICATION / COMMENTS 

As required by the Land Development Regulations and Florida Statutes, public 

notifications were placed in the Palm Beach Post, mailings were set to property owners 

within 500 feet and the property was posted. All notices advised to the public that a public 

hearing on the proposed ordinance/resolution would take place. The dates of notices are 

set forth below. 

Planning, Zoning and Adjustment Board Meeting 

Comprehensive Plan Amendment and Master Plan Amendment: 

Mailings: December 15, 2011 

Newspaper: December 15, 2011 

Posted Signs: December 15, 2011 

Meeting Date: January 4, 2012 

Council Meeting 

Master Plan Amendment: 

Mailings: June 11, 2012 

Newspaper: June 11, 2012 

Posted Signs: June 11, 2012 

Meeting Date: June 26, 2012 

Page 4 of 16


As of May 14, 2012, Staff has received inquiries from the residents and nearby 

businesses in reference to providing a traffic signal at Palomino Drive and State Road 7. 

VIII. PLANNING, ZONING AND ADJUSTMENT BOARD 

At the January 4, 2012 PZAB meeting, the Board recommended approval (7-0) of the 

Comprehensive Plan Amendment (2011-40 CPA 2) and Master Plan Amendment (2011- 

40 MPA 2) but recommend to remove Condition No. 5 requiring the Palomino Executive 

Park Property Owners Association to enter into a multi-party agreement for the signal. 

Staff notes Condition of Approval 5 is only recommended for the Master Plan 

Amendment petition and not part of the Comprehensive Plan Amendment. It should also 

be noted when the PZAB considered this petition the proposed Wellington Charter 

School and Wellington Parc request were not anticipated to have an increased impact on 

the intersection. 

IX. COUNCIL 

Council adopted Ordinance No. 2012-04 (Comprehensive Plan Amendment 2011-40 

CPA 2) on April 10, 2012 to change the approved use to allow 112,400 square feet of 

professional/medical office with a maximum of 112,400 square feet allowed for medical 

office. The Master Plan Amendment petition is scheduled for June 26, 2012 Council 

meeting. 

X. STAFF RECOMMENDATION 

Based on the findings and consistency with Wellington’s Comprehensive Plan and Land 

Development Regulations, staff recommends approval of Resolution No. 2012 – 11 a 

Master Plan Amendment (2011-40 MPA 2) for the 12.15 acre parcel known as Palomino 

Executive Park, located approximately one mile north of Lake Worth Road on the west 

side of State Road 7, as legal described in Exhibit “B.” All development approved shall be 

consistent with the Palomino Executive Park Master Plan (Exhibit “C”) received by the 

Planning and Zoning Division on December 1, 2011 (Revision Date 11/28/11). Previous 

conditions of approval in Resolution No. R2006-01 (Petition No. 2003-24 MP1) and 

Resolution No. R2008-110 (Petition No. 2003-24 DOA 1) are hereby amended with the 

updated conditions of approval listed below: 

1. This approval is based on a Master Plan entitled, “Palomino Executive Park” prepared 

by Environment Design Group Cotleur & Hearing. All development approved herein 

shall be consistent with the Master Plan received by the Planning, Zoning and Building 

Department date stamped on October 8, 2008 December 1, 2011 (Revision Date 

11/28/11). (PLANNING) 

2. The following uses are approved: 

a. 110,000 112,400 square feet of professional/medical office space uses with 

a maximum of 110,000 112,400 square feet of medical office allowed. 

b. Accessory uses as permitted in the Office Commercial zoning district. 

(PLANNING) 

Page 5 of 16


3. In order to comply with the mandatory Traffic Performance Standards, in place at the 

time of this approval, no building permits for the site shall be issued after December 

31, 2010 2015. A time extension for this condition may be approved by the County 

Engineer based upon an approved Traffic Study which complies with mandatory 

Traffic Performance Standards in place at the time of the request. (TRAFFIC) 

4. The County traffic concurrency approval is subject to the Project Aggregation Rules 

set forth in the Traffic Performance Standards Ordinance. (TRAFFIC) 

5. Prior to issuance of the first building permit, because the traffic analysis relied on the 

temporary General CRALLS in order to demonstrate compliance with TPS, the 

Property Owners Association shall pay a one-time mitigation fee of $1,404.00 (per 

Article 12.B.2.D.4.a, $36 per net Project peak hour trip times 39 net trips on the 

affected link) within 60 days of development order amendment approval. (TRAFFIC) 

6. The Property Owners Association shall fund the cost of signal installation if warranted 

as determined by the County Engineer and FDOT at the Project Entrance/Palomino 

Drive and SR 7. Signalization shall be a mast arm structure installation. The cost of 

signalization shall also include all design costs and any required utility relocation and 

right of way or easement acquisition. Certificates of Occupancies for the additional 

medical office square footage shall not be issued until the Property Owners 

Association provides to the Palm Beach County Traffic Division in an amount as 

determined by the Director of Traffic Division acceptable surety in the form of a cash 

bond, letter of credit, performance or surety bond, or escrow deposit agreement which 

shall be in an acceptable form as determined by the Village Attorney. (TRAFFIC) 

7. In order to be relieved from this requirement and to have the surety posted for the 

traffic signal at the Project Entrance/Palomino Drive and SR 7 returned, the Property 

Owners Association shall provide written notice to the Traffic Division stating that the 

final certificate of occupancy has been issued for this development and requires that a 

signal warrant study be conducted at the Project Entrance/Palomino Drive and SR 7, 

OR the Property Owners Association shall provide written documentation to the Traffic 

Division that the property has been sold and that a replacement surety has been 

provided to the Traffic Division by the new Property Owner. The Traffic Division shall 

have 24 months from receipt of the notice of final Certificate of Shell Completion on 

the building shells to either draw upon the surety to construct the traffic signal or 

release the surety. TRAFFIC) 

5. Prior to issuance of any building permit, the property owner’s association shall enter 

into a multi-party agreement with Wellington and Palm Beach County to permit, fund, 

install and have operational a mast-arm traffic signal at Palomino Drive and State 

Road 7. (PLANNING/TRAFFIC) 

6. If the traffic signal at Palomino Drive and State Road 7 is not installed the owner shall 

permit, fund, install and have operational the following roadway improvements as 

required by Wellington Engineer. 

a) a raised directional median opening at the Palomino Drive and State Road 7 

intersection; and 

Page 6 of 16


b) the extension of the existing southbound U-turn lane at the directional median 

opening located approximately one-quarter mile south of Palomino Drive to a 

minimum length of 390 feet plus a 50 foot taper. (PLANNING/TRAFFIC) 

7. Prior to March 31, 2009 July 1, 2012, the petitioner shall record in the public record a 

cross-access easement with the property to the south (Wellington Parc) in a manner 

and form approved by the Village Wellington Attorney. The location of the easement 

shall be as provided in Tract A Tract 4 of the Plat of Palomino Executive Park Plat 

(Plat Book 108, Pages 116 - 117) and be consistent with the existing improvements. 

This requirement may be deleted by the Village of Wellington subject to an 

amendment to the Development Order in accordance with the LDR and Florida 

Statutes. (PLANNING/VILLAGE ATTORNEY) 

8. The property owner to the south (Wellington Parc) shall will be entirely responsible for 

the cost of construction of the cross-access to the property to the south. The property 

owner to the south shall be required to and Palomino Executive Park Property Owners 

Association shall enter into an agreement to reimburse this petitioner for a proportional 

share of the cost of on-going maintenance obligations for the cross-access based on 

each project’s trip generation and their impact to the shared roadway 

improvements. The proportional share of the cost of construction and the share of the 

cost for on-going maintenance shall be determined by the Village Wellington Engineer. 

Furthermore, the property owner to the south shall be required to enter into an 

agreement whereby the Property Owners Association is reimbursed 27.0 percent 

(27%) of the cost of signal installation, should such signal be installed and the cost of 

installation be incurred by the Property Owners Association. (PLANNING/VILLAGE 

ATTORNEY/ENGINEERING) 

9. The additional 2,400 square feet shall be limited to the existing 12,400 square feet 

Medical Office Building on Lot 1 for medical use only. (PLANNING) 

Page 7 of 16


List of Exhibits 

Exhibit “A” 

Exhibit “B” 

Exhibit “C” 

Exhibit “D” 

Exhibit “E” 

Exhibit “F” 

Location Map 


Proposed Master Plan 

Proposed Site Plan 

Palm Beach County Traffic Division Letter 

Wellington Traffic Consultant’s Letter 

Page 8 of 16



Exhibit “B” 


TRACT 15 AND 16, BLOCK 26, PALM BEACH FARMS COMPANY PLAT NO. 3, 

ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGES 

45 THROUGH 54, LESS THAT PORTION DESCRIBED AS PARCEL 105 IN THE AGREED 

ORDER OF TAKING RECORDED IN O.R. BOOK 9629, PAGE 99, PUBLIC RECORDS OF 

PALM BEACH COUNTY, FLORIDA. 

Page 10 of 16


Exhibit “C” Proposed Master Plan 

Page 11 of 16

Exhibit “D” 

Proposed Site Plan 


Proposed2,400SF 

Expansion 

Page 12 of 16


Exhibit “E” 

Palm Beach County Traffic Division Letter 

Page 13 of 16


Page 14 of 16


Exhibit “F” 

Traffic Consultant Letter 

Page 15 of 16


Page 16 of 16

4B 

 


4B THE PALM BEACH POST REAL NEWS STARTS HERE | MONDAY, JUNE 11, 2012 

Client Name: 

Advertiser: VILLAGE OF WELLINGTON 

Section/Page/Zone: Local/B004/Full Run 

Description: PALOMINO EXECUTIVE PARK 

Ad Number: 6756290R 

Insertion Number: 6756290R 

Size: 2 x 10 

Color Type: B&W 

Publication Date: 06/11/2012 

This E-Sheet(R) is provided as conclusive evidence that the ad appeared in the newspaper on the date and page indicated. You may not create derivative works or in any way exploit or re-purpose any content. 

SPECIAL TO THE PALM BEACH POST 

Steven McGee of New York (left), Ryan McDonald of Delray Beach and others see the body of a hammerhead shark in the surf 

near the 300 block of North Ocean Boulevard in Delray early Sunday. ‘It’s a pretty good-sized animal,’ a police officer said. 

Hammerhead washes up in Delray 

Nine-foot, 200- 

pound female had 

no wounds on body. 

By Emily Roach 

Palm Beach Post Staff Writer 

DELRAY BEACH — Lifeguards 

pulled a dead hammerhead 

shark from the 

surf early Sunday near the 

300 block of North Ocean 

Boulevard. 

Ryan McDonald, who 

Perman 

baffled by 

Rader bid 

Bennett 

continued from 1B 

to file, she would have automatically 

won re-election 

Friday and her name 

would not appear on any 

ballot this year. Most candidates 

welcome such a 

prospect, but it denies 

them a chance to get their 

name in front of voters and 

build their brand for future 

races. 

ESTHER GOMERMAN 

"Essie" 

Esther "Essie" Gomerman, 91, passed 

on June 9, 2012. Her joy for life, love 

for her family and friends as well as her 

spectacular smile will be missed by all 

who knew her. 

She is survived by two children, four 

grandchildren and four great grandchildren. 

She is now at peace with her 

beloved Murray smiling down on us. 

She will be laid to rest on Monday, 

June 11 at Eternal Life. In lieu of flowers 

please, plant a tree in Israel in her 

memory. Contact Jewish National Fund 

or www.jnf.org. 

To express condolences and/or make donations 

Visit PalmBeachPost.com/obituaries 

JOHN N. J. KELLY 

Of Boynton Beach, FL and Armonk, 

NY, beloved of Frances, Michael, Eileen 

Meisner, Mary Francis (RIP), John Jr., 

Karen Aliberti and ten grandchildren, 

passed on June 9, 2012. 

Interment in New York in August. 

Memorial Mass in Boynton Beach at a 

later date. 



lives in a condo about a 

block away, said he’s seen 

hammerheads when fishermen 

caught them, but 

never just churning in the 

surf. 

“I was just walking the 

beach and saw people 

standing around,” said Steven 

McGee, who was visiting 

from New York for a 

wedding. 

Delray Beach Police Officer 

Bob Harris said the 

shark, a female estimated 

“My daughter said, 

‘You’re not on the ballot. 

People might forget you,’” 

Enright said. 

So Jeannie Enright, a 

student at FAU, opened a 

write-in campaign to ensure 

that her mother’s 

name would appear by itself 

on the ballot. 

■ 

State Rep. Steve Perman, 

D-Boca Raton, was 

probably the bitterest man 

in Palm Beach County politics 

last week. He appeared 

to be cruising to easy reelection 

until former Democratic 

state Rep. Kevin 

Rader, who had been a 

candidate for two different 

state Senate seats this year, 

quit the tough District 27 

ARYSTINE E. PEERSON 

Arystine Elizabeth Peerson, 95 years 

old, of Palm Beach Shores passed away 

peacefully at her home on Friday, June 8, 

2012. Mrs. Peerson was born on August 

7, 1916, a daughter of the late Arthur N. 

and Ella Kennedy. She was a graduate of 

the Florida State College for Women and 

past president of Beta Sigma Phi; and 

was a member the Seasiders Club. In 

1955, Arystine and her husband Henry 

opened Peerson Audio where she 

worked until her retirement in 1976, 

at which time her son and husband 

continued operating the business. 

She and Henry enjoyed taking many 

Caribbean cruises together throughout 

their life. Arystine was preceded in death 

by her husband Henry; a sister Patricia J. 

Kennedy; a brother Norman A. Kennedy; 

and nephew Robert V. Kennedy. 

She is survived by her son Allen 

Peerson (Beverly Davis) of Jupiter, FL.; a 

granddaughter, Nicole Meza (Cosio); and 

two great grandchildren, Lauren Meza 

and Ricky Meza, Jr. Additional survivors 

include two nephews Morris Kennedy of 

Mt. Morris, NY and William Kennedy 

(Diane) of Pahokee, FL; and great nieces 

and nephews Gailyn Kennedy (Tim 

Barabe), Kevin Kennedy (Lisa), Chad 

Kennedy (Leslie), Greg Kennedy (Vicki), 

Kerry Des Rochers (Scott), Kirk Kennedy 

(Machell), and Katie Nelson (Justin). 

A Funeral Service will be held at 

11:00 AM on Tuesday, June 12, 2012 at 

Quattlebaum Funeral Home, 1201 South 

Olive Avenue, West Palm Beach, FL 

33401, with Bonnie-Sue Brown, CS, 

officiating. The family will receive friends 

at the funeral home on Tuesday from 

10:00 AM until the time of Service. The 

interment will take place at Hillcrest 

Memorial Park, West Palm Beach, FL. In 

lieu of flowers, contributions may be 

made in her memory to Hospice of Palm 

Beach County, 5300 East Avenue, West 

Palm Beach, FL 3407. 

QUATTLEBAUM FUNERAL HOME 

Family Owned and Operated 

(561) 832-5171 



at 9 feet long and at least 

200 pounds, would be 

disposed of by the beach 

cleanup crew. 

“It’s a pretty good-sized 

animal,” he said. 

The shark showed no 

signs of a wound — no gaffing 

cuts, no propeller slices, 

no leaders still attached. 

Harris said large marine 

animals wash ashore a few 

times a year, but biologists 

only come out for turtles 

Senate primary and decided 

to launch a primary 

challenge against Perman. 

“I’m confused, because 

I think I do a pretty 

good job,” Perman said at 

Thursday’s Democratic Executive 

Committee meeting. 

“Well, I’m not that 

confused. I think maybe 

my opponent is confused. 

He may be confused by the 

difference between ambition 

and accomplishment. 

He may be confused by the 

difference between ego 

and effectiveness.” 

■ 

Judicial candidates are 

barred from discussing issues 

that might come before 

them in court, so their 

campaigns often focus on 

FUNERAL NOTICES 

FIND A 

FUNERAL 

HOME 

Maps and driving directions 

are available to all local facilities. 

Click on Obituatries 

OBITUARIES ONLINE. 

Search for death notices by name, 

date, city or funeral home. 

PalmBeachPost.com 

Click on Obituaries 

Find bereavement support groups at 

PalmBeachPost.com 



DIANA M. TOCCI 

Age 55, of Jupiter FL, died Saturday, 

June 9, 2012, in Palm Beach Gardens. 

A Jupiter resident since 1992, coming 

from Bergen County, NJ. 

Survived by son; Andrew J., Michael 

C., Brian J., Zachary F., their father Dale 

F. Tocci and her many (adopted) sons. 

A celebration of her life will be held at 

a later date. 



FRANCIS A. WHIBBS, Sr. 

Francis A. Whibbs Sr., 94, devoted 

husband and father, passed away on June 

9, 2012 surrounded by his loving family 

under the care of Hospice. Francis was 

born in Buffalo, NY on February 28, 1918. 

Francis was a devout Catholic. He 

proudly served his country in the Army 

Air Corps during World War II. He was an 

executive at Cadillac for over 20 years 

followed by being a Cadillac dealer 

in suburban Chicago. Fran had many 

passions in his life. The most important 

were his family, his faith and his friends. 

He stayed active throughout his long life 

with his interest in boating, photography, 

music and model trains. Frannie will be 

remembered for his Irish sense of 

humour, the twinkle in his eyes and the 

mischief in his smile. 

Francis is survived by his loving wife of 

41 years, Dorothy H. Whibbs, his devoted 

children Patricia Cox, Susan Kaineg 

(Thomas), Francis Whibbs Jr. (Claudia), 

Christine Hauskins and stepson Richard 

Falk (DoAnn) and adoring grandchildren. 

Francis was pre-deceased by Jean H. 

Whibbs and Vincent J. Whibbs Sr. 

Services will be held at St. Paul of the 

Cross Catholic Church in Palm Beach 

Gardens on Tuesday, June 12 at 12:00 

noon. Francis will be laid to rest at Mount 

Calvary Cemetery in Buffalo, NY. 

In lieu of flowers, a donation can be 

made to Hospice of Palm Beach County 

or Catholic Charities. For directions 

and online condolences please visit 

www.taylor&modeen.com. 

Taylor & Modeen Funeral Home 

Family Owned & Operated 

Jupiter, FL. 



SUPPORT SERVICES 

Find bereavement support groups 

and whales, which are generally 

protected marine 

animals. 

Lifeguards put a rope 

around the shark to pull 

it from the waves so that 

could be taken away for 

disposal. 

The smell of decomposition 

already wafted over 

the beach as passersby 

watched the sun rise above 

the waves. 

emily_roach@pbpost.com 

“experience.” Retired Circuit 

Judge Edward Garrison, 

running for an open 

county court judgeship, 

touted his experience at 

a nonpartisan Voters Coalition 

meeting Thursday, 

then asked the audience to 

look for handouts from his 

opponent, attorney Jane 

Frances Sullivan, and 

“write ‘No,’ indicating no 

experience.” 

A few minutes later, Voters 

CoalitionPresident 

Bob Newmark reminded 

candidates in the room 

that “we do not want to 

hear from you about your 

opponent. Let your opponent 

speak for themself.” 

george_bennett@pbpost.com 

ADVERTISEMENT 

CONSULT THE LAWYER 

Brian LaBovick, Esq 

I noticed in the news that 

there was a transvaginal 

mesh recall. What should 

I do if I had one of these 

surgically implanted? 

Answer: About 75,000 women are 

given vaginal mesh implants, also 

called bladder slings, for pelvic 

organ prolapse repair each year. 

Women with defective mesh will 

suffer from severe complications, 

including erosion of the mesh into 

the vagina, reoccurring infection, 

unyielding pain, fistulas, vaginal 

scarring, and an inability to have 

intercourse due to severe pain. If 

you think you may have defective 

mesh harming you, the best thing 

to do is contact an attorney who 

understands the details of these 

cases and their varied statutes of 

limitations. It is critical that you 

compile all the medical documents 

you can find related to the surgery. 

On June 4, Ethicon, a subsidiary 

of Johnson & Johnson, announced 

the discontinuation of several 

transvaginal mesh products. This 

is not the only product believed to 

be defective, and many products 

are under investigation because 

defects are not device specific. 

Many companies are implanting 

questionably-safe mesh. We hope 

other companies follow Ethicon’s 

lead and discontinue their defective 

mesh sales. The high profitability 

of these devices makes recalls 

difficult, but human life is worth the 

effort. If you had a vaginal mesh 

patch or bladder sling implanted, it 

isimportanttoactquicklytoprotect 

your rights because you may be 

entitled to compensation. 

Formoreinformationonthisquestion, 

please visit: www.LaBovick.com. If 

you would like to Ask The Lawyer 

another question, please email it to 

AskTheLawyer@LaBovick.com. 

LaBovick Law Group 

5220 Hood Road, Suite 200 

Palm Beach Gardens, FL 33418 

561-743-0099 

6758790 

AREA DEATHS 

NO. 6756290R 

Palm Beach County 

Bunday, Michelle F., 

70, of Wellington, died Friday. 

Palms West Funeral 

Home and Crematory, Royal 

Palm Beach. 

Cajide, Armando, of 

Lake Worth, died Saturday. 

Mizell-Faville-Zern Funeral 

Home and Cremation 

Service, West Palm Beach. 

Service Tuesday. 

Charles, Dillon, 34, of 

Lake Worth, died Thursday. 

Tillman Funeral 

Home, West Palm Beach. 

Cozier, Alice M., 89, of 

West Palm Beach, died Friday. 

All County Funeral 

Home & Crematory, Lake 

Worth. 

Gomerman, Esther, of 

Delray Beach, died Saturday. 

Rubin Memorial Chapel, 

Boynton Beach. Graveside 

service today. 

Hayes, George O., 85, 

of West Palm Beach, died 

Tuesday. Palm Beach Memorial 

Park, Lantana. 

Herskowitz, Irwin H., 

of Lake Worth, died Sunday. 

Gutterman Warheit 

Memorial Chapel, Boca Raton. 

Leff, Phyllis, 69,ofDelray 

Beach, died Saturday. 

Beth Israel Memorial Chapel, 

Delray Beach. 

Panos, Demetra, 89, 

of Delray Beach, died Friday. 

Glick Family Funeral 

Home, Boca Raton. 

Ramos-Muniz, Heriberto, 

77,ofWestPalm 

Beach, died Thursday. Tillman 

Funeral Home, West 

Palm Beach. 

Shaw, James P., 76, of 

Boca Raton, died Thursday. 

Glick Family Funeral 

Home, Boca Raton. 

Wolfman, Marvin I., 

69, of Boca Raton, died 

Sunday. Beth Israel Memorial 

Chapel, Boynton 

Beach. Service today. 

Martin County 

Britt, Eleanor T., 94, 

of Stuart, died June 3. All 

County Funeral Home & 

Crematory, Stuart. 

St. Lucie County 

Laratonda, Mary, 55, of 

Fort Pierce, died Tuesday. 

Yates Funeral Home and 

Crematory, Port St. Lucie. 

Burial in Massachusetts. 

Vannasse, Walter J. 

“Sandy” III, 62, of Fort 

Pierce, died Wednesday. 

All County Funeral Home 

& Crematory, Stuart. Memorial 

service June 24. 

Wills, Marion Evelyn 

“Ebby,” 83, of Port St. Lucie, 

died Friday. All County 

Funeral Home & Crematory, 

Stuart. Memorial service 

Wednesday. 

OUR MEMORY OF TRIBUTE 

March 19, 1959 - June 11, 1995 

17 Years Ago... 

Itbrokeourheartstoloseyou, 

You did not go alone. 

Part of us went with you, 

the day God called you home. 

God gave us courage to face it 

and courage to meet the blow. 

What it meant for us to lose you 

no one will ever know. 

Parents: Lois & Zack, Brothers: Randy, Maurice & 

Vincent, Children: Nicole & Alfred, Grandchildren: Sakeena, 

Bobby Jr. & Keona, Jabari & The Entire Straghn Family 

VILLAGE OF WELLINGTON 

NOTICE OF PUBLIC HEARING 

MASTER PLAN AMENDMENT 

Wellington Council will hold a public hearing on the Master Plan 

Amendment for the property known as Palomino Executive Park. 

A RESOLUTION OF THE COUNCIL OF WELLINGTON, FLORIDA, 

APPROVING THE MASTER PLAN AMENDMENT FOR PETITION 

NUMBER 2011- 40 MPA 2, ALSO KNOWN AS PALOMINO 

EXECUTIVE PARK, A PARCEL OF LAND, TOTALING 12.15 ACRES, 

MORE OR LESS, LOCATED APPROXIMATELY ONE MILE NORTH 

OF LAKE WORTH ROAD ON THE WEST SIDE OF STATE ROAD 

7, AS MORE SPECIFICALLY DESCRIBED HEREIN, TO ALLOW 

112,400 SQUARE FEET OF PROFESSIONAL / MEDICAL OFFICE 

WITH A MAXIMUM OF 112,400 SQUARE FEET OF MEDICAL 

OFFICE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A 

SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 

Said public hearing will be held as follows: 

WELLINGTON COUNCIL 

Location: City Hall 

12300 Forest Hill Boulevard, Wellington, Florida 33414. 

Date: June 26, 2012 at 7:00 P.M. or as soon thereafter as may 

be heard in the orderly course of business. The hearing of 

the request may be continued from time to time as may be 

found necessary 

Planning, Zoning and Building Department 


Wellington, Florida, 33414 

(561) 791-4000 

Appeals: If a person decides to appeal any decision with respect to 

any matter considered at such hearing, he/she will need a 

record of the proceedings and for such purpose may need 

to ensure that a verbatim record of the proceedings is 

made which record includes the testimony and evidence 

upon which the appeal is to be based. All appeals must 

be filed in accordance with the applicable provisions of 

Wellington Land Development Regulations. 

Pursuant to the provisions of the Americans With Disabilities Act, 

any person requiring special accommodations to participate in this 

hearing, because of a disability or physical impairment, should 

contact the Wellington Manager’s Office at (561) 791-4000 at least 

five calendar days prior to the Hearing. 

All interested parties are invited to attend and be heard with respect 

to the proposed resolution. Copies of all documents pertaining to 

the proposed resolution is available in the Planning and Zoning 

Department at the address listed below and can be reviewed by the 

public Monday through Thursday between the hours of 8:00 a.m. 

and 6:00 p.m.. 

PUBLISH: The Palm Beach Post. June 11, 2012 

SUBSCRIBE 

561.820.4663 

ONLINE: 

PalmBeachPost.com/subscribe


7. B 



AGENDA ITEM NAME: ORDINANCE NO. 2012-12 (WELLINGTON'S BEST MANAGEMENT 

PRACTICES (BMP) PHASE III) 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING ARTICLE V, 

“STORMWATER QUALITY MANAGEMENT”, OF CHAPTER 30 “ENVIRONMENT” OF 

WELLINGTON’S CODE OF ORDINANCE, TO PROVIDE ENHANCED STANDARDS FOR BEST 

MANAGEMENT PRACTICES FOR LIVESTOCK WASTE; PROVIDING DEFINITIONS, 

ENHANCING THE BEST MANAGEMENT PRACTICES PROGRAM FOR APPLICATION AND 

STORAGE OF FERTILIZER; PROVIDING FOR ENFORCEMENT; AND PROVIDING AN 






FIRST READING 


REQUEST: Adoption following second reading of Ordinance No. 2012-12 amending Wellington's 

Best Management Practices (BMP's) for Livestock Waste and Fertilizer Management. 

EXPLANATION: Wellington’s Best Management Practices (BMP’s) have been adopted in phases. 

Phase I, adopted in 2000, implemented standards on the location, type and operation of manure 

bins, setbacks from storm water management systems, land application of animal wastes, and 

began regulating the disposal of manure. Those standards were instrumental in reducing the 

phosphorus loads in Wellington's internal waterways and in our discharges into regulated 

waterways. Phase II BMP's were adopted in 2004, addressed setbacks and construction and 

elevation of livestock waste bins. Phase III BMP's are the beginning steps toward meeting the 

federally mandated standards imposed under the Environmental Protection Agency's "Numeric 

Water Quality Standards" that have been adopted for Florida. 

The principal changes and additions to the current livestock waste BMP’s are referenced in the 

Florida Department of Agriculture and Customer Services (FDACS) Manual on Water 

Quality/Quantity Best Management Practices for Florida Equine Operations 2011 edition adopted in 

January 2012. This manual references state BMP’s which established the standards for water 

quality in 1999 with the passage of the Florida Watershed Restoration Act. These principal changes 

and additions include:


Livestock Waste Storage Areas - These areas will be required to be designed and constructed 

to be water-tight and covered, such that storm water (rain) will not be allowed to discharge 

from the area. 

Livestock waste storage facilities - Storage facilities shall also be 50 feet away from any turf 

grass drainage swale, 100 feet away from any public body of water, public or private drainage 

conveyances system with direct discharge into a public water body and any drainage inlet. 

A provision has been added to allow the Growth Management Director to establish alternate 

separation or setback requirements, when compliance with the code standard is not possible 

because of a property’s unusual circumstances or pre-existing conditions not within the control 

of the owner. 

Spreading of livestock waste - Spreading of untreated manure will not be allowed, however, 

land application (spreading) of composted livestock waste will be permitted. A permit 

application for composting mirrors that of the Florida Department of Environmental Protection, 

but with a focus on the farm owner in Wellington. 

Livestock waste hauling – The hauler will be required to maintain hauling records that: 

o Identify the waste source 

o Document the quantity collected from each individual source 

o Document the quantity deposited (in cubic yards) at an approved disposal site 

o Include signed load tickets or affidavits certifying the loads from both the source and 

disposal site owners. 

Disposal sites must be certified and meet specific requirements: 

o They must meet the requirements established by the Florida Department of 

Environmental Protection (DEP) pursuant to Florida Statute 403.707, Chapter 62-709 

o They must maintain records of waste material collected and agree that those records 

may be audited by Wellington for compliance with disposal standards. 

Finally, the BMP ordinance addresses the new County fertilizer provisions providing for: 

Fertilizer applications 

Fertilizer free zones 

Fertilizer content 

Fertilizer application rates 

Management of grass clippings 

Vegetative matter 

Exemptions 

Training 

Licensing of commercial applicators 

On April 11, 2012, the Equestrian Preserve Committee recommended unanimously (5-0 with one 

member declining to vote) to approve Ordinance No. 2012-12.


On May 2, 2012, the Planning Zoning Adjustment Board recommended unanimously (6-0) to 

approve Ordinance No. 2012-12. The postponement of the first reading of Ordinance 2012-12 to 

June 12, 2012 was approved on May 22, 2012. 

On June 12, 2012, Council recommended unanimously (5-0) to approve Ordinance No. 2012-12 on 

first reading. 



VILLAGE GOAL: Respecting the Environment 

RECOMMENDATION: Adoption following second reading of Ordinance No. 2012-12 amending 

Wellington's Best Management Practices (BMP's) for Livestock Waste and Fertilizer Management.


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

ORDINANCE 2012-12 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, 

AMENDING ARTICLE V, “STORMWATER QUALITY 

MANAGEMENT”, OF CHAPTER 30 “ENVIRONMENT” OF 

WELLINGTON’S CODE OF ORDINANCES, TO PROVIDE 

ENHANCED STANDARDS FOR BEST MANAGEMENT 

PRACTICES FOR LIVESTOCK WASTE; PROVIDING 

DEFINITIONS, ENHANCING THE BEST MANAGEMENT 

PRACTICES PROGRAM FOR APPLICATION AND STORAGE 

OF FERTILIZER; PROVIDING FOR ENFORCEMENT; AND 


WHEREAS, the Everglades ecological system is unique in the world and one of 

Florida’s great treasures; and 

WHEREAS, the Everglades ecological system not only contributes to South 

Florida’s water supply, flood control, and recreation, but serves as the habitat for 

diverse species of wildlife and plant life; and 

WHEREAS, the Everglades ecological system is endangered as a result of 

adverse changes in water quality and in the quantity, distribution, and timing of flows, 

and therefore, must be restored and protected; and 

WHEREAS, the Florida Legislature has responded to adverse changes in water 

quality and in quantity, distribution, and timing of flows that endanger the Everglades 

ecological system by enacting the Everglades Forever Act; and 

WHEREAS, the act authorized the Everglades Construction Project, which is by 

far the largest environmental cleanup and restoration program of this type ever 

undertaken; and 

WHEREAS, the implementation of the Everglades Forever Act is critical to the 

conservation and protection of natural resources and improvement of water quality in 

the Everglades Protection Area and the Everglades Agricultural Area; and 

WHEREAS, it has been determined that waters flowing into the Everglades 

Protection Area contain excessive levels of phosphorus and that a reduction in levels of 

phosphorus will benefit the ecology of the Everglades Protection Area, which includes 

the Arthur R. Marshall Loxahatchee National Wildlife Refuge; and 

WHEREAS, Wellington is a municipal corporation located adjacent to the Arthur 

R. Marshall Loxahatchee National Wildlife Refuge; and 

WHEREAS, Wellington discharges it’s stormwater into the C-51 canal. 

Stormwater is then typically routed through the Stormwater Treatment Area 1 East (STA 

- 1 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

1E), and then into the Arthur R. Marshall Loxahatchee National Wildlife Refuge, which 

ultimately discharges into the Everglades Protection Area; and 

WHEREAS, the State of Florida and Palm Beach County have promulgated 

recommendations/regulation providing Best Management Practices for application and 

use of fertilizer; and 

WHEREAS, it is the intent of Wellington to pursue comprehensive, aggressive, 

and innovative solutions to issues of water quality which face the Everglades 

ecosystem; and 

WHEREAS, “Best Management Practices” for livestock waste and fertilizer 

management are among the best available technology for achieving the interim water 

quality goals of the Everglades Program and a reasonable method of achieving interim 

total phosphorus discharge reductions; and 

WHEREAS, Wellington entered into a Joint Cooperation Agreement with the 

South Florida Water Management District on September 26, 2000 pursuant to which 

Wellington adopted and implemented regulatory measures aimed at lowering 

phosphorous discharge; and 

WHEREAS, those regulatory measures as implemented achieved significant 

total phosphorus discharge reductions; and 

WHEREAS, the previously adopted measures have had an effect on lowering the 

levels of phosphorous discharge; and 

WHEREAS, further measures are needed to continue to reduce the level of 

phosphorous discharge; and 

WHEREAS, Wellington and South Florida Water Management District did enter 

into a Memorandum of Understanding on or about June 30, 2003 relating to 

improvement of water resource management facilities in the Basin B area of Wellington; 

and 


into a Cooperative/Cost Share Agreement on or about September 11, 2003, for the 

implementation of Best Management Practices for livestock waste and fertilizer 

management to establish improved water resource management facilities in the Basin B 

area; and 


into Memorandum of Understanding No. CP040318 on or about February 10, 2004, 

concerning the funding of the Acme Basin B Discharge Project; and 

- 2 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

WHEREAS, pursuant to the agreements and memorandums of understanding 

with South Florida Water Management District, it is necessary and advantageous to 

Wellington to implement a revised third phase of Best Management Practices livestock 

waste and fertilizer management with enhanced regulations to further the goals of 

reducing phosphorous levels entering the Everglades; and 

WHEREAS, Wellington is engaged in the long-range planning for the equestrian 

community and is requiring the quantification of horse waste for the purpose of 

determining environmental impacts to Wellington and the surrounding region; and 

WHEREAS, Wellington proposes to monitor the amount of horse waste for a 

period of 5 years by requiring commercial and self-hauling reports. 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF WELLINGTON, 

FLORIDA, THAT: 

SECTION 1: Section 30-150, “Definitions” of Article V, “Stormwater Quality 

Management”, of Chapter 30, “Environment” of Wellington’s Code of Ordinances is 

hereby amended as follows: 

Section 30-150. - Definitions 

The following words, terms, and phrases, when used in this article, shall have the 

meanings ascribed to them in this section, except where the context indicates a 

different meaning: 

(a) Application or Apply: the actual physical deposition of fertilizer to turf or 

landscape plants in Wellington. 

(b) Applicator: any person who applies fertilizer on turf and/or landscape 

plants in Wellington. 

(c) Approved Disposal Site: a real property in which a state or county 

registration or permit has been issued for the disposal and/or processing of 

livestock waste, as amended from time to time, and/or a plot of land that is 

conducting bona fide agricultural activities in accordance with Section 

193.461,Florida Statutes(F.S). 

(d) Approved Test: a soil test from a governmental entity or commercial 

licensed laboratory that regularly performs soil testing and recommendations. 

(a) Basin A: Area north of Pierson Road, however includes Village of 

Wellington Wastewater Treatment Facility and Village Park property and the 

areas east of the C-8 Canal north of and including Versailles within the Acme 

Improvement District. ( 

b) Basin B: The area south of Pierson Road, excluding Basin A. 

- 3 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

(c)(e) Best Management Practices or "BMP": A practice, or combination of 

practices, based on research, field-testing, and expert review to be the most 

effective and practicable, including economic and technological considerations 

and means of achieving a desired result such as improving water quality in 

discharges to an acceptable level. 

(d)(f) Best Management Practices Livestock Waste (Fertilization) Management 

Plan (BMPLW(F)MP): A comprehensive waste management plan covering all 

aspects of managing livestock manure, urine, and bedding waste and/or all 

aspects of managing fertilizer storage and application developed to prevent the 

uncontrolled release of pollutants from these wastes. 

(g) Code Compliance Officer: any designated employee or contractor of 

Wellington whose duty is to enforce codes and ordinances enacted by 

Wellington. 

(h) Commercial Fertilizer Applicator (except as provided in section 

482.1562(9), F.S.,): any person or entity who applies fertilizer for payment or 

other consideration to property. 

(e)(i) Commercial Livestock Waste Hauler. person(s), firm(s), corporation(s), or 

other legal entity(ies) permitted by the village Wellington to provide livestock 

waste removal services for a fee within the village Wellington in accordance 

with terms and conditions established by this article. 

(f)(j) Common Livestock Waste Storage Area: a livestock waste storage area 

established for the temporary storage of livestock waste from off-site livestock 

boarding facilities. 

(g)k) Composting: the process by which biological decomposition of organic 

solid waste is carried out under controlled aerobic conditions, and which 

stabilizes the organic fraction into a material which can easily and safely be 

stored, handled, and used in an environmentally acceptable manner for a 

period of 30 to 90 days. 

(l) Cover: the placement of a lid, roof or protective covering over a livestock 

waste storage area so as to shield the livestock waste from rain / stormwater 

intake. 

(h)(m) District: The South Florida Water Management District. 

(a)(n) Drainage Basin A: a topographic region in which all water drains to a 

common area. Wellington was divided into two basins, A & B. Basin A was the 

Area north of Pierson Road, however including Village of Wellington 

Wastewater Treatment Facility, and Village Park property, and the areas north 

and east of the C-8 Canal north of and including Versailles, all within the Acme 

Improvement District. (b) Basin B: Was noted as an The area south of Pierson 

Road and, excluding all of Basin A as described herein. These two 

- 4 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

(i)(o) Everglades Protection Area: water conservation areas 2A, 2B, 3A, and 

3B, the Arthur R. Marshall Loxahatchee National Wildlife Refuge (Water 

Conservation Area 1), and the Everglades National Park. 

(p) Drainage Conveyance Systems: canals, detention/retention areas, grass 

swales, underground piping, drainage inlets, junction boxes, manholes are all 

components that store, collect, and convey rain/surface waters. Specifically 

above ground ports of entry or near surface components that store or collect 

rain/surface waters are herein referred to as drainage conveyance systems. 

(q) Fertilizing or Fertilization: the act of applying fertilizer to turf, specialized 

turf, or plants. 

(r) Fertilizer: any substance or mixture of substances that contains one or 

more recognized plant nutrients and promotes plant growth, or controls soil 

acidity or alkalinity, or provides other soil enrichment, or provides other 

corrective measures to the soil. 

(s) Institutional Applicator: any person other than a private, non-commercial 

or commercial applicator (unless such definitions also apply under the 

circumstances), that applies fertilizer for the purpose of maintaining turf and/or 

landscape plants. Institutional applicators shall include, but shall not be limited 

to, owners, managers, or employees of public lands, schools, parks, religious 

institutions, utilities, industrial or business sites and any residential properties 

maintained in condominium and/or common ownership. 

(j)(t) Livestock: all animals of the equine, bovine, or swine class. 

(k)(u) Livestock facility: property under single ownership or control where 

livestock are is raised, boarded, trained, or exhibited. 

(l)(v) Livestock Waste: A solid wastes composed of excreta of animals and 

residual materials that have been used for bedding, sanitary, or feeding 

purposes for such animals. For purposes of this article, livestock waste that has 

been properly composed composted shall not be considered livestock waste. 

(m)(w) Livestock Waste Self-Hauler: Property owner and/or authorized 

representative registered with the village Wellington to provide livestock waste 

removal services from their own property in accordance with the terms and 

conditions established by this article. 

(n)(x) Livestock Waste Storage Area: an area constructed of 

impermeable material such as concrete or asphalt; or an area containing with 

an impermeable cover; or a mechanical storage container that can be sealed, 

lifted, and transported. 

38 

(o)(y) 

Monitoring Wells: strategically located wells from which water 

- 5 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

samples are drawn for water quality analysis or measurement of ground water 

levels. 

(p)(z) Paddock: a fenced grassed area of ¼ acre or less used primarily for 

exercise and secondarily for feeding of livestock. 

(q)(aa) Pasture: a fenced, grassed area of approximately more than ¼ acre 

used primarily for exercise and secondarily for feeding of livestock. 

(bb) Prohibited Application Period: the time period during which a Flood Watch 

or Warning, a Tropical Storm Watch or Warning, or a Hurricane Watch or 

Warning is in effect for any portion of Palm Beach County, issued by the 

National Weather Service, or if heavy rain (2 inches or more within a 24 hour 

period is likely). 

(cc) Saturated Soil: a soil in which the voids are filled with water. Saturation 

soil does not require flow. For the purposes of this Ordinance, soils shall be 

considered saturated if standing water is present or the pressure of a person 

standing on the soil causes the release of free water. 

(dd) Slow Release, controlled release, timed release, slowly-available, or 

insoluble nitrogen: nitrogen in a form which delays its availability for plant 

uptake and use after application, or which extends its availability to the plant 

longer than a reference rapid of quick release product. 

(r)(ee) Soil Test: an analysis of a site soil sample by a qualified laboratory 

to determine fertilizer needs of the site, specifically phosphorus needs of the 

plants grown on the site. 

(s)(ff) Spreading: refers to human or mechanical means distribution of 

composted livestock waste. Animals on pasture shall not be considered 

spreading of livestock waste. Spreading of unprocessed livestock waste shall 

not be allowed. 

(t)(gg) Stormwater Treatment Areas or -"STAs": those water quality 

treatment and water storage areas know as Stormwater Treatment Area 1 East 

(STA 1E) as described and depicted in the district's conceptual design 

document of February 15, 1994, and any modifications thereto. 

(hh) Turf, Sod, or Lawn: an area of grass-covered soil held together by the 

roots of the grass. 

(ii) Urban Landscape: pervious areas on residential, commercial, industrial, 

institutional, highway rights-of-way, or other nonagricultural lands that are 

planted with turf or horticultural plants. For the purposes of this section, 

agriculture has the same meaning as provided in Section 570.02 of the Florida 

Statutes. 

SECTION 2: Section 30-151 “Purpose” of Article V, “Stormwater Quality 

- 6 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 



Section 30-151. - Purpose 

The purpose of these Best Management Practices (BMPs) for livestock waste and 

fertilizer management is to comply with Policy 1.2.121 and 13 of the Conservation 

Element of the Village Wellington’s Comprehensive Plan and to comply with the 

conditions of the Joint Cooperation Agreement between the village Wellington and 

the South Florida Water Management District which requires the village Wellington 

to implement a compliance-based pollution prevention program designed to reduce 

nutrient discharges, specifically phosphorus, from its surface water system into the 

Everglades Protection Area. The village Wellington is therefore implementing a 

best management practices (BMPs) program designed to reduce, abate, and 

prevent, directly and indirectly, phosphorus discharges to the surface water system 

within the Village of Wellington. 

SECTION 3: Section 30-152 “Applicability” of Article V, “Stormwater Quality 



Sec. 30-152. - Applicability. 

These standards shall apply to all property within the boundaries of the Village of 


SECTION 4: Section 30-153 “Best Management Practices for Livestock 

Waste” of Article V, “Stormwater Quality Management”, of Chapter 30, “Environment” of 

Wellington’s Code of Ordinances is hereby amended as follows: 

Sec. 30-153. - Best management practices for livestock waste. 

Livestock waste shall be placed, or stored in a livestock waste storage area or 

water tight container such as a roll-off or dumpster container which is associated 

with a permit issued by the Village of Wellington. Livestock waste shall not be 

placed, accepted, stored, or allowed to accumulate on any property in Wellington 

the village, except as provided herein. 

34 

35 

36 

37 

38 

39 

40 

41 

(a) 

Management of Livestock Waste. 

(1) Each livestock facility shall provide a storage area for livestock waste. 

(2) Livestock waste shall be placed, or stored in a livestock waste storage 

area that meets the following requirements: 

a. A livestock waste storage area shall be constructed with an 

impermeable floor with sidewalls constructed of concrete block, 

concrete or molded resin based plastic, or other approved 

impermeable material, on three sides. The storage area shall be 

- 7 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

designed and constructed to be water-tight with a cover which will not 

allow storm water discharge. The impermeable floor shall be 

impermeable and have a curb or rolled lip of asphalt or concrete not 

less than one inch in height or a slab pitched downward toward the 

rear wall of the storage area. (Minimum fall from front to rear of two 

inches).; and 

b. The livestock waste storage area shall be elevated to a minimum of 

six inches above the crown of road/access easement; or 12 inches 

below the residential finish floor whichever is greater; or and 

c. A building "permit" or a zoning compliance determination shall be 

obtained from the Village of Wellington planning, zoning and building 

department prior to constructing or altering a livestock waste storage 

area within village Wellington boundaries; or and 

d. The determination of the size of the livestock waste storage area is 

the responsibility of the property owner based upon the number of 

horses on the property and their daily generation of manure, urine 

and bedding material as well as intended frequency of removal for 

disposal. At no time shall livestock waste be allowed to accumulate 

beyond the threshold of the livestock waste storage area, outside of 

the confine of the livestock waste storage area; or and 

e. Roll-off and dumpster containers may be used as livestock waste 

storage areas subject to the following requirements: 

i. Roll-off and dumpster containers used as livestock waste storage 

areas shall be placed on a concrete or asphalt pad with at least a 

two inch curb around the entire storage area; and 

ii. Roll-off and dumpster containers used as livestock waste storage 

areas shall meet the same elevation requirements as in [(2) b]. 

iii. Roll-off and dumpster containers must be water tight at all times. 

(3) Those facilities All equestrian facilities shall with improperly stored 

livestock-waste and in existence as of September 26, 2000, shall have 

livestock waste removed from the facility as provided in this section. 

(b) Location of Waste Storage Facilities. 

(1) Livestock waste storage and roll-off and dumpster containers shall be 

located: 

a. At least five feet away from any adjacent structure roof overhang; 

b. At least 50 feet away from any (public) grassed drainage swale 

conveyance or drainage inlet; 

- 8 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

c. At least 100 feet away from any drainage port of entry, body of water, 

public or private storm drainage conveyance system which has direct 

discharge into any body of water not separated from the public 

conveyance); 

d. At least 150 100 feet away from a potable water supply well. 

e. Within reasonable proximity to the stable/ barn structure and in 

accordance with the minimum accessory use set back requirements. 

(2) Extenuating circumstances; if compliance with the setback regulations is 

not possible because of properties unusual circumstances, the property 

owner may submit an alternate method of compliance. Any alternate 

method of compliance must; 

a. Meet the intent of these provisions, 

b. Demonstrate the ability to mitigate water quality impacts 

c. Provide a secondary method of containment and 

d. Be supported by an engineering study. 

Mitigation measures such as berms, grading changes or secondary 

containment systems can be considered in addressing unique and 

unusual circumstances. If alternative measures are approved they must 

be installed and maintained in accordance with the approved 

specifications. 

Compliance with the setback shall be determined by the village planning, 

zoning and building department. 

(c) Livestock Waste Storage Area Maintenance. 

(1) The removal and transportation of livestock waste on commercial and 

private properties within village Wellington boundaries shall be done 

exclusively by either a registered commercial livestock waste hauler or a 

registered livestock waste self-hauler. 

(2) The commercial livestock waste hauler and livestock waste self-hauler 

shall be registered, as required annually with the village Wellington 

(environmental engineering/public works department). 

(3) Livestock waste shall be confined within the waste storage structure. 

(4) Livestock waste storage area(s) shall be continuously maintained so that 

no stormwater runoff rainfall or any types of liquids/materials are allowed 

to be released. 

(5) All Livestock waste storage areas, containers and pads shall be checked 

and inspected by a BMP Code Compliance Officer or Building Inspector 

- 9 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

annually periodically for cracks, crevices, and holes, and other damages. 

Repair shall be made as warranted to prevent spillage or discharge. 

done in a timely manner. Inspections will be done by a BMP Code 

Compliance Officer or Building Inspector. 

(6) Roll-off and dumpster containers that are used for storage of livestock 

waste shall be checked annually for cracks, crevices, holes and/or leaks. 

Any containers with holes, broken welds or improperly fitting lids shall be 

repaired or replaced immediately. 

(7) Concrete and asphalt pads used for storing roll-off and dumpster 

containers which store livestock waste shall be inspected annually for 

cracks, crevices, holes and/or leaks to prevent soil contamination. The 

two inch curb and/or rolled lip around the storage area shall be inspected 

annually. Inspections will be done by a BMP code compliance officer. 

(ed) Composting of Livestock Waste 

(1) The disposal of livestock waste on properties within Wellington must be 

accomplished by composting the waste or otherwise in accordance with 

a DEP permit. Composting of livestock waste is permitted under the 

following conditions within shall be prohibited within the village 

Wellington’s boundaries, except as provided herein: 

a. Where the composter has received a an approved permit from the 

Florida Department of Environmental Protection (DEP) pursuant to 

F.S. § 403.707, and in accordance with Rule Chapter 62-709, Florida 

Administrative Code. The approved DEP Form #62-701.900(10) shall 

be submitted to the village Wellington environmental services 

coordinator. A copy of any and all annual reports required to be filed 

with DEP shall be filed with Wellington annually. 

b. Where the composter proposes to spread compost within their 

property and is not required to obtain a permit from the DEP pursuant 

to F.S. § 403.707, and in accordance with Chapter 62-709, Florida 

Administrative Code, the composter shall prepare and submit a 

permit application to Wellington’s Engineer as described in this 

section. This application entitled: Registration and Annual Reporting 

for Composting shall be completed and reviewed based on the 

following standards. 

1. Property Information: 

a) The number of horses kept within the owner’s properties. 

b) The amount of livestock waste being generated monthly. 

c) The amount of composted waste being generated monthly. 

- 10 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

d) Site plan denoting area calculation of available lands i.e. 

landscape areas, pastures, etc. in which to apply composted 

manure. 

e) Setbacks from wells, drainage inlets and water bodies as 

referenced in Section 30-135 (b) 1. 

f) Soil and composted manure test sample results (UF-IFAS soil 

testing laboratories). 

2. Site plan of property to include: 

a) A description of all structures located on property including 

proposed size, location, use and setbacks (Section 6.10.6 - 

Development standards, (A) - minimum setbacks). 

b) Composting pad location and construction materials. 

c) Livestock waste storage facility location and construction 

materials section 30-135 (a) 2a. 

3. Narrative to include: (see Composting Frequently Asked 

Questions) 

a) A brief description of what the projects are designed to do. 

b) A description of how odor and vectors will be controlled. 

c) A description of the methods used to disinfect the solid waste 

processed, and the option that will be used to demonstrate 

that disinfection has been achieved. 

d) A description of how stormwater intrusion will be controlled 

and the type of cover to be provided in the storage structure. 

e) The operating parameters to be followed for managing the 

process. 

f) A description of how the facility will be closed. 

4. Application: 

a) Completed Application for Registration and Annual 

Composting. 

b) $25.00 non-refundable application fee made payable to 


c) Completed Annual Report for a Solid Waste Management 

Facility Producing Compost Made from Solid Waste (Part C). 

- 11 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

(de) Stable waste Compost Spreading Plan 

(1) The spreading of livestock waste shall be prohibited within the village 

Wellington’s boundaries, except as provided herein: 

a. A Village of Wellington The property owner must prepare a Best 

Management Practice Livestock Waste Management Plan 

(BMPLWMP) shall be prepared in accordance with village Wellington 

requirements and submitted to the village Wellington’s Engineer or 

designee, who will coordinate with all other departments 

environmental services coordinator for review and approval. 

Spreading of composted livestock waste is prohibited without an 

approved plan. All existing spreading plans shall be required to 

submit a new BMPLWMP by October 1, 2013 and all BMPLWMP’s 

shall be subject to an annual renewal at which time the property 

owner shall submit to Wellington an annual report on spreading 

activates. 

b. Livestock waste shall be composted before any spreading occurs. 

b. Best management practices program livestock waste management 

plans are available at the public works department. 

c. Best Management Practices program Livestock Waste Management 

Plans applications, which that have been approved by the village 

Wellington, shall be inspected by the environmental services 

coordinator reviewed annually to ensure practices are being followed 

as originally submitted and in accordance with the annual report. 

(f) Livestock Waste Hauling. 

(1) All commercial livestock waste haulers and/or livestock waste selfhaulers 

shall be permitted or and registered, as required, annually by the 

village by Wellington environmental engineering department. 

(2) Livestock waste may be moved from one livestock facility to another in 

the village Wellington only for.: 

a. The purpose of composting in an approved composting area; or 

b. Storage in a common livestock waste storage area. 

(3) All livestock facilities within the village Wellington boundaries shall 

remove livestock waste by either a commercial livestock waste hauler or 

a livestock waste self-hauler that is registered by the village Wellington. 

(4) Disposal of livestock waste must be within an approved disposal site 

which is registered to operate under Florida Administrative Code 

Chapter 62-709.320, additionally the disposal facility must provide 

copies of all current valid permits annually to Wellington and must agree 

- 12 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

to periodic audits and provide copies of all load tickets to Wellington 

which were obtained from the haulers. 

(5) Commercial livestock waste haulers will pay a permit fee to the village 

Wellington in the amount of $500.00 or as may be adjusted from time to 

time. Livestock waste self-haulers will not pay a fee. 

(6) Commercial livestock waste haulers and livestock waste self-haulers 

permits and registrations shall be subject to revocation for failure to 

abide by the terms of this article and the provisions set forth in Florida 

Administrative Code Chapter 62-709.320 

(7) Hauling reports shall be provided by commercial livestock waste haulers 

and livestock self-haulers to Wellington quarterly. Hauling records shall 

identify the waste source, quantity in cubic yards, and the waste disposal 

site with quantity deposited in cubic yards within an approved site. 

Hauling records shall include signed load tickets or affidavits certifying 

the loads from both the source and disposal site owners. Failure to 

provide quarterly hauling records may result in the loss of the haulers 

permit in Wellington. Wellington reserves the right to audit the hauling 

record and load tickets from the generating properties and disposal sites 

which have been approved as a disposal site as defined herein. 

SECTION 5 Section 30-154 “Best Management Practices for the Application 

and Storage of Fertilizer” of Article V, “Stormwater Quality Management”, of Chapter 30, 

“Environment” of Wellington’s Code of Ordinances is hereby amended as follows: 

Sec. 30-154. - Best management practices for the application and storage 

of fertilizer. 

(a) All fertilizers shall be stored in a dry storage area protected from rainfall and 

ponding. 

(b) No fertilizer containing in excess of two percent phosphate/phosphorus 

(P 2 O 5 ) per guaranteed analysis label (as defined by F.S. Ch. 576) shall be 

applied to turf grass, pastures, paddocks, or used in nurseries unless 

justified by a soil test. 

(c) Fertilizer containing in excess of two percent phosphate/phosphorus (P 2 O 5 ) 

per guaranteed analysis label shall not be applied within ten (10) five feet of 

the edge of water or within ten (10) five feet of a drainage facility. 

(d) All fertilizer shall be applied such that spreading of fertilizer on all 

impervious surfaces is minimized. 

(e) Liquid fertilizers containing in excess of two (2) percent 

phosphate/phosphorus (P 2 O 5 ) per guaranteed analysis label shall not be 

applied through an irrigation system within ten (10) feet of the edge of water 

or within ten (10) feet of a drainage facility. 

- 13 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

(f) Liquid fertilizers containing in excess of two percent phosphate/phosphorus 

(P 2 O 5 ) per guaranteed analysis label shall not be applied through high or 

medium mist application or directed spray application within ten (10) feet of 

the edge of water or within ten (10) feet of a drainage facility. 

(g) The village Wellington shall establish a public education program that is 

focused on the following: proper irrigation of landscaped areas; application 

rates of fertilizer; appropriate types of fertilizer for different plants; and 

proper use of organic fertilizers and soil amendments. 

(h) Timing of fertilizer applications. 

(1) No applicator shall apply fertilizers containing nitrogen and/or 

phosphorus to turf and/or landscape during the prohibited application 

period and within the fertilizer free zones as identified in Section 30- 

154(i) (1) below or to saturated soils. 

(2) Fertilizer containing nitrogen and/or phosphorus shall not be applied 

before seeding or sodding a site, and shall not be applied for the first 

thirty (30) days after seeding or sodding, except when hydro-seeding for 

temporary or permanent erosion control in an emergency situation 

(wildlife, etc.), or in accordance with the Stormwater Pollution Plan for 

that site. 

(i) Fertilizer free zones. 

(1) Fertilizer shall not be applied within ten (10) feet of any pond, stream, 

lake, canal, water body or wetland as defined by the Florida Department 

of Environmental Protection (Chapter 62-340), Florida Administrative 

Code or from the top of a headwall or lake bulkhead. Newly planted turf 

or landscape plants may be fertilized in its zone only for a sixty (60) day 

period beginning no sooner than thirty (30) days after planting if needed 

to allow the plants to become well established. Caution shall be used to 

prevent direct deposition of nutrients into the water. 

(j) Fertilizer content and application rates. 

(1) Fertilizers applied to turf within Wellington shall be formulated and 

applied in accordance with requirements and directions provided by Rule 

5E-1.003(2), Florida Administrative Code, Labeling Requirements for 

Urban Turf Fertilizers. Under Rule 5E-1.003(2), Florida Administrative 

Code, required application rate and frequency maximums, which vary by 

plant and turf types, are found on the labeled fertilizer bag or container. 

(2) Unless a soil or tissue deficiency has been verified by an approved test, 

nitrogen or phosphorus fertilizer shall not be applied to turf or landscape 

plants except as provided in section (1) above for turf, or in UF/IFAS 

recommendations for landscape plants, vegetable gardens, and fruit 

trees and shrubs. 

- 14 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

(3) Fertilizer used for sports turf at golf courses shall be applied in 

accordance with the recommendations in “Best Management Practice for 

the Enhancement of Environmental Quality of Florida Golf Courses”, 

published by the Florida Department of Environmental Protection, dated 

January 2007. Fertilizer used at parks or athletic fields shall be applied in 

accordance with Rule 5E-1.003(2), Florida Administrative Code. 

(k) Fertilizer Application Practices. 

(1) Spreader deflector shields shall be used when fertilizing via rotary 

(broadcast) spreaders. Deflectors must be positioned such that fertilizer 

granules are deflected away from all impervious surfaces, fertilizer-free 

zones and water bodies, including wetlands. Any fertilizer applied, 

spilled, or deposited, either intentionally or accidentally, on any 

impervious surface shall be immediately and completely removed to the 

greatest extent practicable. 

(2) Fertilizer released on an impervious surface must be immediately 

contained and either legally applied to turf or any other legal site, or 

returned to the original or other appropriate container 

(3) In no case shall fertilizer be washed, swept, or blown off impervious 

surfaces into stormwater drains, ditches, conveyances, or water bodies. 

Property owners and managers are encouraged to use an Integrated 

Pest Management (IPM) strategy as currently recommended by the 

University of Florida Cooperative Extension Service publications. 

(l) Management of grass clippings, vegetative matter. 

(1) In no case shall grass clippings, vegetative material and/or vegetative 

debris intentionally be washed , swept, or blown on to or into storm water 

drains, ditches, conveyances, water bodies, wetlands, sidewalks or 

roadways. Any material that is inadvertently deposited shall be 

immediately removed to the maximum extent practicable. 

(m) Exemptions. 

The provisions set forth above in this ordinance shall not apply to: 

(1) Bona fide farm operations as defined in the Florida Right-to-Farm Act, 

Section 823.14, Florida Statutes (F.S.). 

(2) Other properties not subject to or covered under the Florida Right-to- 

Farm Act that have pastures used for grazing livestock. 

(3) Any lands used for bona fide scientific research, including, but not limited 

to, research on the effects of fertilizer use on urban stormwater, water 

quality, agronomics, or horticulture. 

(n) Training 

- 15 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

(1) All Commercial and Institutional Applicators of Fertilizer within Wellington 

shall abide by and successfully complete the six hour training program in 

the “Florida-Friendly Best Management Practices for Protection of Water 

Resources by the Green Industries” offered by the Florida Department of 

Environmental Protection through the University of Florida/Palm Beach 

County Cooperative Extension Service “Florida Friendly Landscapes” 

program or approved equivalent program. 

(2) Non-commercial and non-institutional applicators not otherwise required 

to be certified, such as private citizens on their own residential property, 

are encouraged to follow the recommendations of the University of 

Florida/IFAS “Florida Friendly Landscape Program” and label 

instructions when applying fertilizer. 

(o) Licensing of commercial applicators. 

(1) All businesses applying fertilizer to turf of landscape plants (including, 

but not limited to, residential lawns, golf courses, commercial properties, 

multi-family, equestrian and condominium properties) must ensure that 

the business owner or his/her designee holds the appropriate “Florida- 

Friendly Best Management Practices for Protection of Water Resources 

by the Green Industries” training certificate prior to the business owner 

obtaining a Local Business Tax Certificate. Owners for any category of 

occupation which may apply any fertilizer to Turf and/or Landscape 

Plants shall provide proof of completion of the program to the Wellington. 

It is the responsibility of the business owner to maintain the “Florida- 

Friendly Best Management Practices for Protection of Water Resources 

by the Green Industries” certificate to receive their Business Tax Receipt 

annually. 

(2) After December 31, 2013, all commercial applicators of fertilizer within 

Wellington, shall have and carry in their possession at all times when 

applying fertilizer, evidence of certification by the Florida Department of 

Agriculture and Consumer Services as a Commercial Fertilizer 

Applicator per Rule 5E-14.117(18) Florida Administrative Code. 

(3) All businesses applying fertilizer to turf and/or landscape plants 

(including, but not limited to, residential lawns, golf courses, commercial 

properties multi-family, equestrian and condominium properties) must 

ensure that at least one (1) employee has an appropriate “Floridafriendly 

Best Management Practices for Protection of Water Resources 

by the Green Industries” training certificate prior to the business owner 

obtaining a Business Tax Receipt. Standard Business Tax Receipt 

(BTR) and transaction fees shall apply. 

SECTION 6 Section 30-155 “Commercial Fertilizer Applicators” of Article V, 

“Stormwater Quality Management”, of Chapter 30, “Environment” of Wellington’s Code 

of Ordinances is hereby amended as follows: 

- 16 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

Sec. 30-155. - Commercial fertilizer applicators. 

(a) Any person, firm, corporation, or other legal entity which provides 

fertilization services for a fee with a physical address within the village 

Wellington shall register with the village Wellington on the registration forms 

provided by the village. 

(b) Any person, firm, corporation, or other legal entity which provides 

fertilization services for a fee within the village and whose physical address 

is outside Wellington shall pay such an annual registration fee of $25.00 or 

as may be adjusted from time to time. This registration fee may, from time to 

time, be adjusted by resolution of the village Wellington cCouncil. 

(c) Commercial fertilizer registrations shall be subject to revocation for failure to 

abide by the terms and conditions established in this and other regulations 

of the village Wellington. 

Sec. 30-156. - Enforcement. 

Any owner, owner’s representative, tenant or person violating any provision of 

this part may be subject to enforcement as provided in Chapter 2 Article IV, 

Division 1 and 2 of the Wellington Codes of Ordinances. 

SECTION 7: Should any section paragraph, sentence, clause, or phrase of this 

Ordinance be declared by a court of competent jurisdiction to be invalid, such decision 

shall not affect the validity of this Ordinance as a whole or any portion or part thereof, 

other than the part to be declared invalid. 

SECTION 8: Should any section, paragraph, sentence, clause, or phrase of 

any prior Wellington ordinance, resolution, or municipal code provision, then in that 

event the provisions of this Ordinance shall prevail to the extent of such conflict. 

SECTION 9: This Ordinance shall take effect 90 days from date adopted by 

Wellington’s Council. 

- 17 -


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

PASSED this 12 th day of June upon first reading. 

PASSED AND ADOPTED this _____ day of __________________ 2012, on 

second and final reading. 

WELLINGTON 

FOR AGAINST 

BY:________________________________ _______ _______ 


________________________________ _______ _______ 


________________________________ _______ _______ 


________________________________ _______ _______ 


________________________________ _______ _______ 


ATTEST: 

BY: ______________________________ 




BY: ______________________________ 

Jeffrey S. Kurtz, Esq., Attorney for Wellington 

- 18 -


Best Management Practices for Livestock Waste and 

Fertilizer Management 

Re-Cap May 2012 

When we think of all the benefits of our equestrian amenities and the lifestyle we sometimes 

overlook the byproducts of this lifestyle. Horse waste is perhaps the most onerous byproduct of 

the equestrian lifestyle. Conservatively, Wellington’s equestrian community produces more than 

over 50,000 tons of horse manure annually. That’s enough manure to be spread one foot thick 

over 135 acres, little wonder that horse waste is viewed as a “Wellington problem”. If you add 

bedding material to the equation the waste amount could easily double. Still, the horse 

population in Wellington is only a portion of Palm Beach County's equestrian population. The 

County’s horse distribution extends from Jupiter to Boca Raton, from Greenacres to the 

Acreage and into the Glades. Regionally, improper disposal of horse waste affects water 

quality, which in turn affects the groundwater supply, all of which can and does generate real 

environmental impacts. 

So what is Wellington doing about its horse waste? 

Wellington has a long agricultural history. Prior to C. Oliver Wellington developing the Flying 

C.O.W. Ranch in the early 1950s, Wellington was home to a variety of cattle and farming 

operations. With the establishment of the Acme Improvement District, a series of canals and 

pump stations drained and irrigated what we know today as Wellington. In the early to 1970s, 

the urbanization of Wellington began in earnest. At about the same time the State and Federal 

regulatory climate began to recognize the impacts of development on the environment. A myriad 

of Federal, State and regional agencies began to develop regulations designed to control 

impacts of our surface waters and wetlands. 

1972 - The Florida legislature enacts Chapter 373 commonly known as the "Florida Model 

Water Resources Code". This act provided regulatory authority to the five Water Management 

Districts and to the Florida Department of Environmental Regulation to regulate discharges into 

Florida's waterways and impacts on wetlands. The basic framework for Wellington’s drainage 

and storm management system was permitted in 1978 under this act. 

1994 - The Florida legislature enacted the Everglades Forever Act (EFA) to serve and protect 

the natural resources of the Everglades Protection Area (EPA). In addition, the act required the 

reduction of the excessive levels of phosphorus that flow into the Everglades Protection Area. 

1998 - The South Florida Water Management District (SFWMD) and The U. S. Department of 

Environmental Protection (EPA) notify Wellington that phosphorous loads from discharges both 

into the Arthur R, Marshall Loxahatchee National Wildlife Preserve and into the West Palm 

Beach Canal exceed allowable limits. 

Page | 1


1999 - The Village entered into a cooperative agreement with the South Florida Water 

Management SFWMD and the EPA to perform water quality monitoring and to identify water 

quality problem areas. 

2000 - Although the extent and exact sources of the phosphorus issues within Wellington have 

not been determined, livestock waste and fertilizer application were identified as the primary 

contributors to phosphorus discharge into Wellington’s surface water system. 

2000 - Wellington adopted its initial Best Management Practices (BMP's) to reduce and prevent 

phosphorus discharges into the Village’s surface water system based on an overall average 

discharge rate. Additionally, the regulations addressed the storage and disposal of livestock 

waste. 

2004 - The BMP ordinance was updated to address setback requirement along with the 

construction of the livestock waste bin and a minimum floor elevation. 

2008 - Wellington completed the re-plumbing of the Basin “B” storm water drainage system. 

This was a $10 million effort that included: new storm pump stations, new storm drainage weirs, 

canal dredging and drainage sumps and most importantly removed discharges into the 

Loxahatchee National Wildlife Refuge and rerouted them north into the West Palm Beach 

Canal. 

2010 - Wellington completed the re-plumbing of its surface water management system along 

with the construction of the 365 acre Wellington Environmental Preserve at the Marjory 

Stoneman Douglas Everglades Habitat (WEP); also known as Section 24, at a cost of $16.5 

million. 

There has been nearly $40 million invested in improvements designed to reduce Wellington’s 

phosphorus levels from over 200 parts per billion (ppb) to an average of just under 50 ppb which 

meets our current permit requirements. 

2012 – Phase III of the BMP’s continues to be a “work in progress”. The proposed ordinance 

(2012–12) provides: additional definitions, language modifications or additions, and addresses 

the new County fertilizer provisions. 

Then additional definitions are: 

 

 

 

 

 

 

 

 

Approved Disposal Site 

Approved Test 

Code Compliance Officer 

Commercial Fertilizer Applicator 

Cover 

Fertilizer 

Fertilizing 

Fertilization 

 

 

 

 

 

 

Instructional Applicator 

Prohibited Application Period 

Slow Release 

Sod 

Turf 

Lawn 

Page | 2


Modification or additions to the proposed ordinance include: 

Livestock Waste Storage Areas - These areas will be required to be designed and constructed 

to be water-tight and covered, such that storm water (rain) will not be allowed to discharge from 

the area. 

Livestock waste storage facilities - Storage facilities shall also be 50 feet away from any turf 

grass drainage swale, 100 feet away from any public body of water, and public or private, 

drainage conveyance system with direct discharge into a public water body, and any drainage 

inlet. 

Growth Management Director - A provision has been added to allow the Growth Management 

Director to determine compliance with the separation or setback requirements, when the 

setback regulations are not possible because of a property’s unusual circumstances or existing 

structures. 

Spreading of livestock waste - Spreading will not be allowed, however, composted livestock 

waste will be allowed to be spread. A permit application for composting including a fee mirrors 

that of the Florida Department of Environmental Protection, but with a focus on the farm owner 

in Wellington. 

Livestock waste hauling – The hauler will be required to maintain hauling records that identify 

the waste source, documenting the quantity deposited in cubic yards within an approved 

disposal site. The hauling records must include signed load tickets or affidavits certifying the 

loads from both the source and disposal site owners. 

Disposal sites must be certified and meet specific requirements: 

They must meet the requirements established by the Florida Department of 

Environmental Protection (DEP) pursuant to Florida Statutes 403.707, Chapter 62-709. 

They must maintain records of waste material collected and agree that those records 

may be audited by Wellington for compliance with disposal standards 

Finally, the BMP ordinance addresses the new County fertilizer provisions providing for: 

 

 

 

 

 

Fertilizer applications 

Fertilizer free zones 

Fertilizer content 

Fertilizer application rates 

Management of grass clippings 

 

 

 

 

Vegetative matter 

Exemptions 

Training 

Licensing of commercial applicators 

For over 15 years Wellington has been engaged in developing and improving its "Best 

Management Practices", while at the same time improving storm water protection and 

enhancing water quality throughout the Village. 

Page | 3


It is important to understand that recent court actions resulting from litigation over the 

"Everglades Forever Act" is that the EPA has enacted Florida specific "Numeric Water Quality 

Standards" that have a key change to the regulation standard. Total phosphorus load 

measurement changes from an "AVERAGE" daily load to a "TOTAL MAXIMUM DAILY LOAD" 

(TMDL). Should the criteria ultimately stand, Wellington could be required to spend an additional 

30 to 40 million dollars to go from an "Average" standard to a "TMDL" standard. 

Horse Waste Disposal 

Varieties of physical disposal methods have been examined and some show future promises, 

while others such as bio-fuel productions await technological improvements. Some of the 

current technologies available for producing biofuels actually consume more energy during the 

production process than the biofuel generate itself. Chemical conversion of horse waste has 

environmental concerns, while inefficiencies of some processes hinder market acceptance. 

Conclusion 

Wellington continues to pursue a comprehensive program to address horse waste in our 

community. With the physical improvements in place, Wellington is looking to the private sector 

initiatives, and working with neighboring governments in a collaborative effort to educate and 

enforce regulations to curb illegal dumping. Finally, we will be undertaking an educational 

program to promote the legitimate licensed haulers and highlight proper disposal. Additionally, 

the list of licensed hauler will be made available to our residents so they can be sure to use 

haulers which are complying with our program and disposing of the horse waste at an approved 

disposal site. 

Page | 4


Application for Registration and 

Annual Report for Composting 

Checklist 

Please be sure to include all the documents along with application. Missing documents could 

delay approval. 

Completed Application for Registration and Annual Report for Composting 

$25.00 non‐refundable application fee made payable to Wellington 

Evidence of permission to operate a solid waste operating facility (including farms, 

ranchettes, ranches or small properties) at site (if applicable) 

Narrative to include: 

o A brief description of what the projects is designed to do. 

o A description of how odor and vectors will be controlled. 

o A description of the methods to be used to disinfect the solid waste processed, and 

the option that will be used to demonstrate that disinfection has been achieved. 

o A description of how stormwater will be controlled and the type of cover to be 

provided. 

o The operating parameters to be followed for managing the process. 

o A description of how the facility will be closed. 

Site plan of property to include (See Exhibit A: Compost Spreading Plan Example): 

o All structures located on property including size, location, use and setbacks. 

o Composting area including size and setbacks. 

o Composting pad construction material. 

o Denote all land areas in which compost materials will be applied. 

Completed Annual Report for a Solid Waste Management Facility Producing Compost 

Made from Solid Waste (If applicable) 

*The proposed Checklist and Application are being provided as companion documents to Ordinance 

2012‐12 Best Management Practices for Livestock Waste and Fertilizer Management. These 

documents are referenced in the proposed revisions of Section 30.153(d) and (e) of Wellington’s Code 

of Ordinances. 

12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 791-4000 • Fax (561) 791-4045 

www.wellingtonfl.gov


Application for Registration and 

Annual Reporting for Composting 

PART A – GENERAL INFORMATION 

1. Type of Application: New____ Renewal (due October 

1)____ 

Annual Report Submission____ 

2. Type of Facility: Manure Blending____ Vegetative, 

animal byproducts or manure compost____ 

3. Type of Waste Yard Trash____ Manure____ Animal Byproducts____ 

Processed: Pre‐Consumer Vegetative____ 

Vegetative (could/did come into contact with animal product/byproducts____ 

4. __________________________________________________________________________ F 

acility Name: ______________________________________________________________________ 

5. __________________________________________________________________________ R 

egistrant Name (or Permittee if Annual Report Only): ______________________________________ 

6. __________________________________________________________________________ A 

ddress: ___________________________________________________________________________ 

City: __________________________________ State:____________________ Zip: ______________ 

7. __________________________________________________________________________ M 

ailing Address (if different): ___________________________________________________________ 

City: __________________________________ State:____________________ Zip:______________ 

8. __________________________________________________________________________ F 

acility Property Control Number: ______________________________________________________ 

9. ___________________________________ Contact Person: Telephone Num 

PART B – ADDITIONAL INFORMATION REQUIRED FOR REGISTRATION APPLICATION 

10. __________________________________ Records will be kept at the facility? Yes No 

____ 

If no, please indicate where these records will be kept and made available upon Wellington’s 

request to review the records: ________________________________________________________ 

11. _________________________________________________________________________ D 

oes the registrant own the facility site? Yes____ No ____ 


www.wellingtonfl.gov 

1


Facility Name:_________________ 

Permit Number: ________________ 

If answered no, please attach evidence that the facility owner or operator has permission from 

the landowner to operate a solid waste organics recycling facility at this site. 

12. _________________________________________________________________________ L 

andowner (if different then applicant): _________________________________________________ 

Mailing Address: ___________________________________________________________________ 

City: __________________________________ State:____________________ Zip:______________ 

Landowner Contact Person: __________________________________________________________ 

Email Address: ______________________________ Telephone Number: ______________________ 

If the landowner is different from the applicant, please attach evidence that the facility owner or 

operator has permission from the landowner to operate a solid waste organics recycling facility at 

this site 

13. Has the organic recycling facility begun operations? Yes____ No ____ 

If this facility was operating in the previous fiscal year, the annual report in Part C must be 

completed. 

14. Provide the following information within a narrative and attach to this application: 

a. A brief description of what the projects is designed to do. 

b. A description of how odor and vectors will be controlled. 

c. A description of the methods to be used to disinfect the solid waste processed, and the option 

that will be used to demonstrate that disinfection has been achieved. 

d. A description of how stormwater will be controlled and the type of cover to be provided. 

e. The operating parameters to be followed for managing the process. 

f. A description of how the facility will be closed. 

g. The soil and compost manure test sample results. 

15. On a site plan of the property, include the following (See Exhibit A: Compost Spreading Plan 

Example): 

a. All structures located on property including size, location, use and setbacks. 

b. Composting area including size and setbacks. 

c. Composting pad construction material. 

d. Denote on the plan all land areas in which compost materials will be applied. 

16. Include a check or money order in the amount of $25.00 payable to Wellington for the nonrefundable 

annual registration fee. 

I affirm that I have read Section 30.153(d) and (e) of Wellington’s Code of Ordinances and shall comply 

with the requirements specified in those rules. I also affirm that the information provided in the 

2


Facility Name:_________________ 

Permit Number: ________________ 

application is true, accurate, and correct to the best of my knowledge. I have attached all documents 

and/or authorization that are required. 

____________________________________________________________________________________ 

Print Name and Title of Registrant or Authorized Agent 

____________________________________________________________________________________ 

Signature 

Date 

PART C – ANNUAL REPORT (See separate form) 

3


Facility Name:_________________ 

Permit Number: ________________ 

Please include application, all required documentation and a $25.00 annual registration fee and drop off 

or mail to: 



Wellington, FL 33414 

OFFICE USE ONLY: 

Processed by:_______________________________ Date:_______________________ 

Approved by:_______________________________ Date: _______________________ 

Permit Number:_____________________________ 

PART D – MAILING/DROP OFF INSTRUCTION 

$25.00 Non‐Refundable Fee: Cash____ Money Order____ Check____ Check Number___________ 

4



Part C: 

Annual Report for a Solid Waste 

Management Facility Producing 

Compost Made from Solid Waste 

OFFICE USE ONLY: 

Processed by:_____________Date:__________ Permit Number:_______________Approved By:_____________ 

1. __________________________________________________________________________ F 

acility Name: ______________________________________________________________________ 

2. __________________________________________________________________________ 

Registrant Name: ___________________________________________________________________ 

3. __________________________________________________________________________ A 

ddress: ___________________________________________________________________________ 

City: __________________________________ State:____________________ Zip: ______________ 

4. Mailing 

Address (if different):________________________________________________________ 

City: __________________________________ State:____________________ Zip:______________ 

5. __________________________________________________________________________ F 

acility Property Control Number: ______________________________________________________ 

6. ___________________________________ Contact Person: Telephone Num 

7. ___________________________________ Year covered by this report: 

8. ___________________________________ Total quantity in tons or cubic yards and type of 

waste on site at the beginning of the report year: 

Processed 

_____________________ 

Unprocessed 

_____________________ 

9. ___________________________________ Total quantity in tons or cubic yards and type of 

waste received during report year: 

Yard Trash 

_____________________ 

Manure 

_____________________ 

Other Solid Wastes _____________________ 

Sludge (in tons dry weight) _____________________ 

Other 

_____________________ 


www.wellingtonfl.gov


10. Total quantity in tons or cubic yards and type of 

waste processed into compost during report year 

Yard Trash 

Manure 

Other Solid Wastes 

Sludge (in tons dry weight) 

Other 

_____________________ 

_____________________ 

_____________________ 

_____________________ 

_____________________ 

11. Total quantity in tons or cubic yards and type of 

compost produced during report year. Identify type using classification codes specified in Rule 62‐ 

709.550, Florida Administrative Code (F.A.C). 

Type: 

______________________ 

______________________ 

______________________ 

Quantity: 

____________________ 

____________________ 

____________________ 

12. Total quantity in tons or cubic yards and type of compost removed from facility 

for use or disposal during reporting year. Identify type classification codes specified in Rule 62‐709‐ 

.550, F.A.C. If “used” is circled, include a general description of the market. 

Type: Quantity: (circle one) Market: 

______________________ ____________________ used/disposed of ____________________ 



13. _________________________________________________________________________ A 

verage number of horses on the property per month: 

January 

February 

March 

April 

May 

June 

_____________________ 

_____________________ 

_____________________ 

_____________________ 

_____________________ 

_____________________


July 

August 

September 

October 

November 

December 

_____________________ 

_____________________ 

____________________ 

_____________________ 

_____________________ 

_____________________ 

Note that the sum of items (8) plus (9) must equal the sum of items (10) and (12) 

Total of items (8) and (9):_______________ 

Total of items (10) and (12):________________ 

Person completing this form: _____________________________________________________________ 

Telephone Number: _____________________ Email Address: __________________________________ 

I affirm that I have read Section 30.153(d) and (e) of Wellington’s Code of Ordinances and shall comply 

with the requirement specified in those rules. I also affirm that the information provided in the 

application is true, accurate and correct to the best of my knowledge. 

____________________________________________________________________________________ 

Print Name and Title of Registrant or Authorized Agent 

____________________________________________________________________________________ 

Signature 

Date


Composting Frequently Asked 

Questions 

WHAT IS MANURE COMPOSTING? 

Composting may be defined as the controlled breakdown or degradation of organic material (vegetative 

matter) into a product known as humus. Composting is an excellent way of disposing and recycling horse 

manure. Composting manure decreases the volume of waste, makes handling waste easier, and will 

allow the compost to be spread on the owners property. The following sections describe the basic 

considerations for composting horse manure. 

BENEFITS OF MANURE COMPOSTING? 

In Wellington, horse owners and managers do not typically have access to crop or garden lands to use 

the manure. Therefore, composting offers a means of enhancing the material for on‐site use while also 

reducing its volume. While composting takes additional time and expense, it can have a number of 

advantages depending on the specific needs of the site . Composting of horse manure alone can take 

30 to 60 days, while manure with bedding may require as long as 6 months for complete composting. 

DOES A MANURE PILE CONSTITUTE COMPOSTING? 

No; Composting is a managed process that accelerates decomposition and conversion of organic matter 

to stable humus. Composting manure is an effective way to transform waste into a valuable resource for 

pastures, fields, and/or gardens. During the composting process, a large mass of “hungry” microbes 

break organic materials into smaller physical and chemical particles and build new organic molecules. 

Composting is both an art and a science. Good composting practice involves maintaining the optimal 

environmental conditions for microbial growth (water, air, organic matter or carbon, and nitrogen). 

Merely piling manure for some undetermined time is not composting! 

DOES COMPOSTING PROVIDE VALUE? 

Yes; Composting can reduce the total volume of manure and bedding generated on your property. 

Thorough composting will typically reduce the initial volume of material by 40 to 50 percent. Good 

composting can reduce the risk of manure effecting water quality through: 

• Reduction and elimination of microbial pathogens; 

• Reduction of ammonia‐N levels; 

• Reduction in water‐soluble phosphorus; 

• Reduction of water‐soluble organic matter (BOD); and 

• Reduction in total soluble salts. 

In a process called aerobic thermophilic composting, microbial activity creates heat that causes the pile 

to reach temperatures that can kill weed seeds and eliminate pathogens and parasites. Flies are reduced 

because breeding conditions are eliminated. Composting removes the odor and results in a valuable 

product that can be utilized to eliminate or reduce the need for chemical fertilizers. The finished 

compost is a valuable soil amendment, adding nutrients, organic material, and texture to the soil.


DOES COMPOSTING REQUIRE MANAGEMENT? 

The basic elements of composting involve maintaining adequate air (oxygen), temperature, and 

moisture necessary for microbes to flourish. Horse manure and bedding typically contains the correct 

ratio of carbon to nitrogen necessary for successful composting, although occasionally this may require 

adjustment. The decomposing manure and bedding in compost is a carbon and nitrogen “convertor” 

fueled by oxygen, high temperatures, and water. In order to function, a compost pile must have 

sufficient “breathing” spaces for the microbes and allow the carbon dioxide from their breakdown of 

organic matter to exit. Moisture is key to maintaining a habitat for large microbe populations. Another 

challenge is to ensure the proper proportions of the materials in the compost. The type and amount of 

bedding will substantially affect the ease and rate of composting. Less bedding in the compost results in 

a faster process and a higher quality final product. Different types of organic materials compost 

differently. You’ll need to customize the process to fit your specific combination of manure, bedding, 

and other organic materials. You can find the best mixture by developing a clear understanding of the 

process, accurately measuring materials, and going through some trial and error. 

HOW DO I DEAL WITH BEDDING MATERIAL? 

Typical bedding materials such as shavings and sawdust can create challenges for composting and the 

production of a quality finished product. Wood is composed of complex organic compounds rather than 

simple ones. A compound called lignin is an important component of wood because its chemical 

structure resists decomposition by many microbes that may flourish in a compost pile. In fact, only a 

small proportion of microbes (predominantly fungi) can completely decompose lignin to carbon dioxide 

and water. Therefore, the breakdown of woody material is slow even in the most active composting 

process. Too much woody bedding will result in a lower quality compost product with a high carbon and 

nitrogen (C:N) ratio that is less desirable for tilling into the soil. Adding nitrogen to reduce the initial C:N 

ratio is more cost‐effective than adding special microbe inoculants that are on the market and may be 

necessary in some cases. 

In the presence of oxygen, organic material degrades. Approximately two‐thirds of the compost piles’ 

initial volume should be free air space. Air space allows oxygen to move into the pile while allowing 

carbon dioxide and water vapor to leave. Horse manure combined with ample wood shavings or straw is 

porous and very permeable to gases because of varied particle size. Mixtures of manure and sawdust 

require a slightly higher degree of management to maintain adequate permeability in the compost bulk. 

If managed properly, however, sawdust will compost faster than coarser bedding materials. Too little air 

space reduces the oxygen available to the microorganisms while too much air space dries the pile out 

and prevents it from reaching temperatures high enough to compost effectively. 

Carbon and Nitrogen 

Horse manure alone will have close to the optimum proportions of carbon and nitrogen that compost 

microbes require. Carbon is the major component of organic matter (45‐55%) in manure and bedding. A 

long established “rule of thumb” suggests that a starting carbon‐to nitrogen ratio (C:N ratio) of 25 ‐ 35:1 

is optimal for composting. Horse manure may range from 25:1 to 50:1. However, with the addition of 

bedding, particularly that derived from wood, C:N ratios will be higher as the bedding contains much 

2


higher amounts of carbon. Given this reality, manure, hay, and bedding must be relatively fresh for 

optimal composting so that the microbe‐available carbon and nitrogen is high. Alternatively, when 

bedding such as sawdust, rice hulls, or shavings is used in high proportions, additional nitrogen might 

need to be added to enhance the decomposition of the woody material. This additional nitrogen might 

be supplied with fresh grass clippings, hay, or fertilizer. 

WHAT IS THE IDEAL TEMPERATURE FOR COMPOSTING? 

The highest quality compost is produced at internal compost pile temperatures ranging between 131‐ 

150°F (Rynk, 1992). The above factors of air and water have much to do with achieving these 

temperatures. At these elevated temperatures, microbial pathogens are destroyed and all but the most 

hardy weed seeds are killed. 

IS WATER REQUIRED FOR COMPOSTING? 

Yes; Water is required for good composting. Microorganisms grow best with a moisture content of 

around 50 ‐ 60 percent by weight of the compost pile (Rynk, 1992). If the compost feels like a freshly 

wrung out sponge, the pile most likely contains the proper amount of moisture. If water runs out of the 

pile or if you can squeeze water from a handful of compost, it is too wet. Too much water can reduce 

the supply of oxygen and allow offensive odors to develop. Closely monitor the moisture level, especially 

during hot, windy days when as much as 5 percent (water equivalent) of the pile’s total dry weight can 

be lost. Adding a little water regularly is much better than letting the pile get dusty and dry, then trying 

to rewet it back to the 50 percent range. 

SHOULD I DO SOME TESTING BEFORE I BUILD A COMPOST? 

Yes; Before you build a small or large compost pile, it might be good to do some additional “homework”. 

You may want to test your manure and bedding mixture to get an actual carbon and nitrogen value (see 

sample and testing section). Even if you choose to use the abovementioned rules of thumb for average 

C:N ratios, you may find that a direct determination of your mixture’s air space and initial water 

requirements will be helpful. The following method (from the University of Minnesota Extension Service) 

can assist the novice composter in “dialing in” the proper aeration. 

Five‐Gallon Bucket Test 

Materials needed: 

five‐gallon pail 

one‐gallon pail 

typical mix of materials to be added to the compost pile (manure, wood shavings, straw, etc.) 

 

 

Fill the five‐gallon pail one‐third full with a mixture of typical pre‐compost materials. Drop the 

pail 10 times from a height of six inches onto a concrete floor or solid surface to pack the 

material. Be careful not to spill any of the compost materials. 

Add more material to fill the five‐gallon pail two‐thirds full. Drop the pail 10 more times from a 

height of six inches. 

3


 

 

 

 

 

Fill the five‐gallon pail up to the top. Drop the pail 10 times from a height of six inches. Fill the 

five‐gallon pail to the top once again. 

Add water to the five‐gallon pail, keeping track of how much you can fit in before it overflows. 

If you can add 2‐1/2 to 3 gallons of water, you have adequate free air space. If not, you need to 

add more bulking material, such as straw, coarse wood chips, or shredded bark. 

If you can add more than 3 gallons of water, you have too much free air space. The particle size 

must be reduced by shredding or grinding the com post materials or by mixing finer materials 

into the compost. 

Retest new mix. 

DOES THE MANURE BEDDING MIX REQUIRE ADDITIONAL WATER? 

Yes; Optimal starting moisture for composting is between 50 and 60 percent. Fresh manure alone will be 

at the optimal moisture level for decomposition. However, the addition of varying amounts of dry 

bedding, even with urine, can reduce moisture substantially. Additionally, time spent in a storage area in 

the middle of the summer can reduce moisture even further. Composting in the wet summer season 

may require a cover to avoid over saturation. The following is a simple method to determine the 

moisture in your manure‐bedding mix. 

Using any reasonably accurate weighing device, weigh out a full 1 or 2 gallon bucket of the mix. Record 

this as the “fresh” or “wet” weight of the material. 

Depending on your preference‐tolerance level, select a means to dry this material. Obviously an oven is 

the best choice (but only the most dedicated will bake a manure cake!). The material could be placed 

near a hot water heater, in a greenhouse, or anywhere that will assure that the majority of the moisture 

will evaporate. Re‐weigh the material and record this as the dry weight. Calculate the moisture content 

on a dry weight basis: 

(Wet wt. – Dry wt) x 100 = Moisture % 

Dry wt 

WHAT COMPOST METHOD IS BEST FOR ME? 

If you talk to enough experienced composters, you may find that each one adheres to their own “best 

method”. Composting is both art and science, a balancing act so‐to‐speak. You will soon discover that 

the appropriate composting method is determined by the realities and size of your site, the number of 

horses, the type of equipment and labor you have available, the intended use of the final product, and 

many other factors specific to your needs or goals. The following section describes some basic 

composting methods that can be applied to any size project. You will find helpful tips on deciding the 

appropriate compost method or technology that fits the scale, available equipment, and costs specific to 

your site. 

Aerobic Thermophilic 

This is the composting method assumed and described by many technical resources and guides. The 

approach requires that oxygen availability is managed to provide optimal conditions for predominantly 

4


aerobic (oxygen requiring) microbes. The term thermophilic refers to a group of fungi and bacteria that 

are so active in breaking down organic matter, that they create significant quantities of heat. These 

microbes are capable of functioning in temperatures up to approximately 160‐165 degrees F. Their 

oxygen demand is quite high and thus this method requires your manure‐bedding mixture to have the 

optimal physical characteristics that promotes rapid infiltration of oxygen and rapid loss of carbon 

dioxide. 

Aerobic composting methods also require additional management to assure not only adequate oxygen 

levels, but exposure of all of the composting material to the thermophilic temperatures (>131 degrees 

F). Therefore additional aeration is often required. This method may utilize your back and shovel or 

garden fork, a front‐end loader, a specialized compost turner, or a system of manifolds, pipes, and 

blowers (active aeration or aerated static pile method). 

The numerous advantages of this method are: 

Most pathogens exposed to thermophilic temperatures for periods of 24 hours to weeks at a 

time are destroyed; 

Decomposition is rapid and volume reduction occurs quickly; 

And less time and space are required in comparison to slower methods. 

Excessive aeration can lead to large losses of nitrogen as ammonia gas and lower product quality. Piles 

must be built to an appropriate size that retains (insulates) heat, but not so well that temperatures rise 

so high as to allow for spontaneous combustion. Compost fires can occur when piles or windrows are 

too large (overly insulated), not aerated frequently, and when moisture levels decline below 35 percent. 

The aerobic thermophilic method is often the preferred method for producing a safe and valuable 

compost product capable of a wide range of uses. 

Anaerobic Composting 

Composting can also be accomplished without efforts to maintain aerobic conditions. In reality, even in 

an aerobic compost pile, there is a significant amount of anaerobic decomposition occurring. However, 

the major by‐products of completely anaerobic decomposition are different than those produced by 

aerobic composting. More methane (CH4) is formed than carbon dioxide (CO2) and ammonia levels 

(inorganic nitrogen) tend to increase in proportion to organic nitrogen forms. A wide range of other 

occasionally objectionable odors like hydrogen sulfide and other organic compounds are formed. 

Nonetheless, anaerobic composting may be attractive in certain situations. The advantages include less 

time, equipment, and associated costs than with maintaining aerobic conditions. Although the time 

required to complete anaerobic composting may be longer than the aerobic process. There will be less 

or no reduction of microbial pathogens, fly breeding, or parasite eggs, and there is a greater potential 

for odor generation. Space requirements will be greater due to longer composting time and the product 

may be less acceptable to certain users. For these and other reasons, anaerobic composting is not 

recommended. 

5


Vermicomposting 

This “passive” composting method adds earthworms, or more specifically manure worms, to a manurebedding 

mix. Horse manure has been a choice “food” for bait worm producers and the product derived 

from vermicomposting has advantages over “traditional” aerobic composts. 

Vermicomposting allows constant additions of fresh material to the pile or windrow. The process must 

remain largely aerobic and high temperatures must be avoided. Therefore, piles, windrows, or beds 

must be small enough to allow any accumulated microbial heat to be lost quickly to maintain a favorable 

habitat for worms. The worms best suited for this method are manure worms or red wigglers, naturally 

found in organic matter rather than soil. They reproduce quickly in large numbers and don’t mind being 

“crowded” as long as fresh food, moisture, and oxygen are adequate. 

The advantages of vermicomposting include: 

Minimal amounts of equipment are required; 

Aerobic conditions assure limited odors; 

Fresh manure can be added daily, weekly, or monthly; 

Volume reduction may be as high as aerobic thermophilic methods; and 

The final product has a higher fertilizer value and smaller particle size than typical composts, and 

is very acceptable for a wide number of uses. 

Unfortunately, pathogen reduction may be not as great or consistent, space requirements may be 

excessive, and compost piles or windrows may need to be covered or lined. Initially worms must be 

purchased. Worms can be quite intolerant of excessive moisture and even noise. Mass migrations out of 

compost piles occur and the worms are a favorite food of many below‐ and above‐ground predators. 

WHAT FACTORS SHOULD I CONSIDER BEFORE COMPOSTING? 

You should consider the following factors when determining whether composting is appropriate and 

what method and technology is right for you: 

Size ‐ There must be adequate space available to handle the anticipated volume of manure and bedding 

while providing equipment access and work space. You should consider accommodating an area large 

enough for active composting and temporary storage of final compost product. 

Permit Requirements ‐ If you have a large operation, you should check with your local enforcement 

agency (Florida Department of Environmental Protection) or planning department to confirm permit 

requirements for a compost operation. More than likely you will at least need to submit a manure 

management plan and keep minimal records (although current State regulations state that more than 

500 cubic yards of material on site at one time or more than 1000 cubic yards produced per year will 

trigger the need to obtain a permit for your composting operation) (CIWMB website). A larger stable will 

likely already have some type of operating permit that allows for composting as a manure management 

alternative. 

6


If not, be prepared to educate your local agency and demonstrate that you are aware of and will 

maintain strict management controls to protect the environment and the interests of your neighbors. 

California state composting regulations are contained 

For operations employing the aerated static pile method, installation of electrical service and equipment 

may require additional submissions and inspections. 

Site Requirements ‐ Your site must not only be sized appropriately, but the operating surface should 

allow year‐round access and minimize the risk of leaching into groundwater. Bare soil is not acceptable. 

Typically, crushed shell rock surface and concrete or asphalt pads may be required. The site or pad 

should be on flat ground or a very gentle slope and allow for uniform drainage. Runoff from the site 

should be contained or conveyed to a settling pond or vegetated filter strip. The site should be a 

minimum of 50 feet from surface water bodies or drainage inlet. The site should comply with all 

setbacks and not create “view shed” issues for neighbors and minimize complaints about odor and dust. 

Water Supply ‐ Access to water for moisture management and fire safety during the dry season is 

essential. Water quality should meet the minimum standards for crop irrigation. If you are unsure have 

your water source tested. Access to a water supply is critical when locating a compost site. 

HOW DO I DESIGN A COMPOSTING SYSTEM? 

There are several ways to design an on‐farm composting system and no single one is appropriate for all 

sizes and types of facilities. However, any system should consist of the following basic components: 

 

 

 

 

 

A staging or storage area for raw manure, away from water bodies and drainage inlets; 

A set of bins or free‐standing piles large enough to maintain elevated internal temperatures; 

A mechanism for turning the piles or moving the compost from bin to bin, such as hand labor for 

small operations or a front‐end loader for larger areas; or 

A designed active aeration scheme utilizing manifolds and blowers; and 

A water faucet or a pump/water tank combination, and a spray nozzle. 

Compost Bins 

For small operations, constructed compost bins may be the appropriate approach. A series of bins may 

be necessary for the one horse operation and can be scaled‐upwards (within reason) for operations with 

less than five horses. Size of the pile does matter. Bins 4' x 4' x 5' tall, constructed from 2" x 6" (treated) 

boards and heavy‐duty posts can be adequate; however, bin design and dimensions will vary with 

amount manure generated. Bins built on concrete or asphalt with a wooden floor with small spaces 

between boards that allow air to move from underneath the pile performs best. Each of these bins 

should easily hold 1.5 tons of horse manure. When aeration is needed, the material is moved from one 

bin to another. If your horse manure fills up more than six bins of this size or slightly larger, you may 

want to consider a windrow composting system. 

7


Windrows 

For larger operations, a windrow approach will be the most appropriate means to perform aerobic 

thermophilic composting. Generally, these windrows or piles should be no more than 4 to 6 feet in 

height and may be of any length that fits with the volume of material generated and the operational 

preferences of the owner/manager. Windrows and large piles require equipment capable of moving 

larger quantities of materials. Many stable operations will already have a front‐end loader. 

HOW DO I MANAGE THE COMPOST PROCESS? 

The critical operational requirements are related to aeration, moisture management, and process 

monitoring. 

Aeration 

If you choose to employ an aerated static pile system, you will likely need to refer to established 

engineering and design criteria. At worst, you may need to hire a mechanical engineer to properly size 

the system. This is critical to be assured that your active system distributes air evenly throughout the 

entire composting mass and does not introduce too little air (increased anaerobic locations) or excessive 

quantities of air while removing too much internal heat, or forcing ammonia from the pile. 

When utilizing the turned aerobic method, establish a desired turning frequency of 2 weeks, 3 weeks, or 

monthly. However, if your operation is large enough to require a permit, you will need to establish a 

turning frequency in accordance with established pathogen‐reduction procedures (Florida Department 

of Environmental Protection website). Consulting other folks’ “rules of thumbs” may get confusing. 

Remember that composting can often be very site specific. Be prepared to observe and adjust turning 

frequency as needed. Ultimately this requires time and cost, so you should strike a compromise 

between an optimal aeration frequency and the other tasks and labor required at your site. However, 

you should recognize that there may be times (e.g., following heavy rainfall) when you may need to 

aerate, regardless of your schedule. Supports should be buried for stability. 

Turning of compost, whether by back and shovel or mechanical loader, should be done in a manner that 

allows as much air to be introduced to the material as possible. Realize that you are also attempting to 

release trapped carbon dioxide and reduce compaction at the same time. Therefore, be certain to allow 

material to “fall” from your shovel or bucket to expose as much surface area as possible. With a loader, 

drop the material into the bin or new windrow from the maximum bucket height. With a shovel, give it a 

good toss. 

Moisture Management 

The moisture content of the manure and bedding might be adequate in the fresh state, so additional 

moisture might be unnecessary until the compost is moved or turned. However it may be necessary to 

add water to the material prior to loading it into a bin or building a pile or windrow. During the dry 

season, particularly mid‐ to late winter, have an ample water supply and pressure to “irrigate” the 

compost as it is turned or moved to another bin. Moisture content can drop as low as 25 percent within 

4 weeks of active thermophilic decomposition. To increase the moisture content of compost from 25 

8


percent to 55 percent, add about 20 to 30 gallons of water per 100 cubic feet of compost. For a system 

in which four bins (1,000 cubic feet each) require additional moisture, approximately 1,200 gallons of 

water may be needed every time the bins are turned. However, the actual amount of water needed will 

vary substantially depending on the kind of bedding used, the size of the particles in the bedding, and 

other site specific factors. 

Don’t try to add all the water at once. Instead, use a spray nozzle to deliver the water to the compost as 

each loader bucket is turned into the bin or new pile. It is easy to verify the proper moisture content. 

Grab a handful of compost that has been mixed well and squeeze the compost tightly in your fist. You 

should not be able to squeeze any free water droplets out of the compost, but it should leave your hand 

slightly wet. If you inadvertently get the compost too wet, don’t panic; just keep an eye on the compost 

temperatures in that bin and turn the compost if temperatures do not rise in a couple of days. If rank 

odors emanate from any of the bins, the moisture content is probably too high. Turning the compost will 

help drive off some moisture, while increasing oxygen and alleviating the problem. 

HOW DO I MONITOR COMPOST TEMPERATURE? 

Checking compost temperature is the easiest and quickest way to keep track of a composting system. 

Typically, fresh materials will heat up within 24 hours and within 2 to 3 days of correct construction 

internal temperatures may reach 155 degrees F. A simple long‐stemmed thermometer (or two) and 

some good record‐keeping skills are all that are needed. At a point perhaps two feet down from the top 

of your pile or bin, carefully insert the thermometer halfway into the side of the composting mass and 

allow the needle or digital display to stabilize. Record the date, time, bin or pile number, location within 

the bin (e.g., center, northwest corner, etc.) and temperature. Take Temperatures should be recorded 

from a number of locations within the compost pile temperatures at several locations to average out any 

odd readings. Sometimes a thermometer will be inserted directly into a cold or wet spot that is not 

visible from the outside and is not characteristic of the windrow or bin as a whole. 

When you are just getting started, measure temperatures at least daily for the first week after the 

compost pile or windrow is constructed. Then, if temperatures are in the thermophilic range (between 

131 degrees and 160 degrees F), the time between measurements may be increased. Twice‐weekly 

intervals are probably appropriate. Declining temperatures early in the composting period likely indicate 

declining oxygen levels, less than optimal moisture content, or in the worst case inadequate available 

nitrogen for the microbes. Temperatures immediately after turning and wetting may drop to near air 

temperature, but they should rebound markedly within 48 hours. The thermophilic stage of 

decomposition may last for 2 to 6 weeks depending on the starting C:N ratio. Manure containing the 

proper balance of shavings or sawdust tends to maintain thermophilic temperatures longer than 

manure alone or with low volumes of bedding, whereas manure with too much bedding can cause 

temperatures to drop. Keep the temperature data in a handy file to help document to your local 

enforcement agency and prospective buyers that weed seeds and pathogens will not be a problem in 

your compost. 

9


WHEN IS THAT COMPOST DONE? 

Typically, when utilizing the aerobic thermophilic composting method, temperature is a key indicator of 

progress towards finished compost. A standard rule of thumb suggests that compost is finished when 

there is only a 15 to 20 degree difference between internal pile temperature and the air temperature in 

the middle of the day. Generally, aerobic composting has three distinct phases: the active, high 

decomposition phase (thermophilic, 2 to 6 weeks); a slower decomposition phase, (mesophilic, 3 ‐ 12 

weeks) carried out by different microbes; and then a curing or finishing stage (4 ‐ 8 weeks), where subtle 

changes in the biology and chemistry of the compost occur. This last phase creates “mature” compost. 

Mature compost is that granular, dark brown, earth‐smelling material that we associate with potting soil 

or other “out‐of‐the‐bag” soil mixes. While there are commercial test kits and laboratory services 

available, common sense can also be your guide in determining if your compost is finished. 

SUMMARY 

You’ve made it through this lesson in composting. Should you wish to learn more, there are numerous 

articles, books and websites dedicated to composting. Below are some rules to consider and “live by” 

before and after you become a composter. 

If you manage a larger facility, be prepared to spend some time educating your staff about your 

goals for manure management with composting. 

Prepare your site to ensure the compost area drains well. Ponded water, especially around 

manure and compost, will cause odor and fly problems. A small box blade or the back of your 

loader will help keep the area smooth and well drained. 

Collect manure from the paddocks and stalls carefully. Try to keep mineral soil out of the 

manure, and keep track of how many wheelbarrow loads are delivered to your system every 

day. Try to limit the amount of woody bedding materials that end up mixed with manure. 

Trucking is the major cost in manure management. 

Try to ensure good drainage from any outdoor horse paddocks from which manure is collected. 

Muddy conditions give you soil‐laden manure, reducing the organic matter content per unit of 

compost. Instruct employees to keep garbage, plastics, carcasses, and animal health products 

(syringes, vials etc.) out of the compost piles. 

Make provisions for adding supplemental water when needed. Shaping the tops of the piles to 

capture irrigation or rainfall may be helpful. 

Monitor compost temperatures every few days initially and at least weekly. Temperature alone 

will not tell the full story, but it can be an indicator of success or of imminent problems. 

Keep the composting area clean and well maintained. If you have a boarding or training 

operation, a good image is vital to ensuring your clients’ cooperation and for compost marketing 

success. 

Use the finished product in your own farm properly – as soil amendments, landscape bed and 

gardening. 

Have laboratory analysis performed on compost samples from time to time. Knowing your 

product will reassure your composting methods is working. A routine analysis will include 

10


 

nitrogen, phosphorus, potassium, sulfur, and total salinity. Organic matter analysis adds 

significantly to the cost, but it will help you determine if manure‐harvesting methods are picking 

up too much mineral soil, which reduces compost quality. If interested in using compost as a 

bedding material, periodic analysis for pathogens is good insurance. 

Compost has a value; carefully consider what makes sense to and your facility. 

GLOSSARY 

aerobic – an organism or process requiring air (sic. oxygen) 

aeration – to expose or supply with air 

anaerobic – an organism or process that does not require oxygen 

bedding manure – a mix of manure and bedding material 

biofilter – a system that uses soil, organic materials, or living plants to trap unwanted gases, particulate 

matter or chemicals 

buffer – any structure, distance, or planting that shields or protects another from danger, loss, or 

contamination 

composted manure – manure that has gone through the composting process 

containment area – a basin or other landscape feature designed to contain leachate or runoff from 

compost or manure handling areas 

filter strip – typically an intentionally planted buffer area (grasses most often) that provides a trap for 

particulate matter and nutrients for runoff waters 

fresh manure – manure that has been excreted from the horse within the previous 48 hours 

grassed waterway – a vegetated drainage channel designed to safely carry water and trap sediment and 

nutrients 

leachate – water passing through and out of soil or manure that contains dissolved nutrients and 

organic matter from the material 

microbes – a microorganism (eg., bacteria, fungi, algae) 

micronutrient – an element or compound required in only small amounts by animals and plants 

11


pathogens – any disease‐causing organism 

pathogenic – disease‐producing 

riparian area – pertaining to the bank area adjacent to a creek, stream, or river 

stored manure – manure that has been removed from stalls or paddocks and piled in preparation for 

further processing or disposal. 

RCD – Resource Conservation District, a non‐profit community organization organized as a Special 

District under California law (Division 9,Public Resource Code) that provides technical assistance for 

protection and conservation of natural resources 

NRCS – National Resources Conservation Service, a branch of the United States Department of 

Agriculture (USDA) and formerly the Soil Conservation Service 

REFERENCES 

Land Application of Livestock and Poultry Manure (C.B. Hammond,. Segars, and C. Gould) 

University of Georgia Extension http://www.ces.uga.edu/pubcd/c826‐w.html Small Ranch Manual. 

Nevada Cooperative Extension 

Horse Manure Management. (J.G. Davis and A.M. Swinker). 1996. Colorado State University Cooperative 

Extension Horse Manure Management. Council of Bay Area RCDs. 2000 

Horse‐Keeping on Small Acreage: protecting Groundwater and Surface Water. (B. Lamb and M. Sullivan) 

1993. University of Rhode Island Cooperative Extension 

On‐Farm Composting Handbook. (Robert Rynk, ed.) 1992. Northeast Regional Agricultural Engineering 

Service Strategies for Livestock Manure Management. Washington State University and King County 

Cooperative Extension. 2002 

A Horse Owner’s Guide to Protecting Massachusetts Natural Resources. 2003. 

www.state.ma.us/dep/consumer/animal.htm 

Composting. Massachusetts Department of Environmental Protection. 2002 

Horse Keeping: A Guide to Land Management for Clean Water. Bay Area RCDs. Available from your RCD. 

Horse Manure Management. (R. James) Ohio State University Extension Fact Sheet (AGF‐ 

212‐03). 

12


Horse Manure Management‐Preventing a Solid Nitrogen Deficiency. (R. James) Ohio State University 

Extension. Factsheet AGF‐212‐95 http://ohioline.osu.edu/agf‐fact/0212.html 

Horse Stable Manure Management. (E. Wheeler and J Zajaczkowski) Penn state Cooperative Extension. 

2001 

Manure Management. Clemson University Cooperative Extension Service. 1994. 

Manure Management and Composting. Canadian Organic Growers. 1992 

Manure and Pasture Management for Recreational Horse Owners. University of Minnesota Extension 

Service. 2000. 

Spreading Manure on a Few Acres. University of Minnesota Extension Service. 2000. 

Managing Manure by Composting. University of Minnesota Extension Service. 2000. 

Manure Management for Horse Farms. (J. Gardner and R Wright). Ontario Ministry of Food and 

Agriculture. 1998 

Ohio Livestock Manure and Wastewater Management Guide. Ohio State University. 1992. Bulletin 604. 

Passively Aerated Bunker System for Composting Horse Manure. (D. Shaw). Alberta Agriculture, Food, 

and Environment. 2002 

13


7. C 



AGENDA ITEM NAME: ORDINANCE NO. 2012-014 (LOCAL BUSINESS TAX RECEIPT 

AMENDMENT) 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING ARTICLE III “LOCAL 

BUSINESS TAX RECEIPT”; REPEALING AND REPLACING THE OCCUPATIONAL LICENSE 

CLASSIFICATION AND RATE SCHEDULE EXEMPTING PROFESSIONALS AND BROKERS, 

AND PROFESSIONALS EMPLOYED BY A LOCAL BUSINESS, AS DEFINED, FROM THE LOCAL 

BUSINESS TAX RECEIPT REQUIREMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR 

CODIFICATION; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING AN 

EFFECTIVE DATE; AND FOR OTHER PURPOSES. 





FIRST READING 


REQUEST: Consideration and approval on first reading of Ordinance No. 2012-014 Local Business 

Tax Receipt Amendment. 

EXPLANATION: On May 31, 2011, the Governor approved HB311 relating to local business taxes. 

This bill, which took effect on July 1, 2011 and is retroactive to October 13, 2010, amended Florida 

Statute Ch. 205 related to local business taxes. HB311 further defines the term “individual 

contractor” and provides an exemption for individuals engaging in or managing a business as an 

employee from having to pay a separate individual local business tax. HB 311 also allows 

municipalities with Ordinances or Resolutions adopted prior to October 13, 2010 who are already 

collecting BTR’s from these individuals the option to continue to do so. In Wellington’s case, 

Ordinance 98-19, adopted in 1997, and codified as Chapter 58 of Wellington’s Code of Ordinances, 

allows for the collection of BTR’s from these types of individuals. Wellington continued to collect 

BTR’s from such individuals. 

House Bill (HB) 7125, approved by the Governor on April 6, 2012 and effective October 1, 2012, 

further amended Florida Statute Chapter 205 by adopting a new Section 205.067 Florida Statutes 

which specifically prohibits that BTR’s being collected from real estate brokers and sales associates 

who practice their professions as an employee of a business. Section 205.067 does not contain an 

opportunity for municipalities to be grandfathered in if they had a pre-existing BTR Ordinance.


The current version of Chapter 58, Article III, “Local Business Tax Receipt”, of the Village of 

Wellington’s Code of Ordinances and Exhibit A (Classification and Rate Schedule) of Ordinance 98- 

19, requires professionals such as doctors, attorneys, and real estate brokers, to apply for an 

individual local business tax receipt in addition to the business office through which they are 

employed. . 

This exemption does not apply to independent contractors, except those classified as brokers/sales 

associates under Chapter 475. Independent contractors, as defined in Florida Statutes 

440.02(15)(d)1.a. and b., are required to obtain a local business tax receipt to conduct business 

within the Village of Wellington. There are currently 472 BTR’s issued to professionals/brokers and 

individuals employed by a business within Wellington. More than 90% of these business tax 

receipts are $100.00 each. The estimated revenue in 2011 for professional/broker and individual 

BTR’s is $46,725.00. Ordinance 2012-014 amends the rate schedule and provides for the 

exemptions included in HB 311 and HB 7125. These BTR’s are administratively cumbersome and 

place an undue burden on businesses such as insurance and real estate brokers and professionals 

as it requires not only the business but also each employee of the business to pay an individual 

BTR. 

Staff is recommending elimination of the BTR collection on employees of professional and real 

estate businesses to simplify Wellington’s BTR program and support existing businesses as well as 

being consistent with Wellington’s economic development initiative. 


FISCAL IMPACT: Business tax receipt revenue will be reduced by approximately $47,000.00, 

based upon current collections, in addition to future revenue from individual business tax receipts for 

professionals/brokers for renewals and for new and/or expanding businesses. 


RECOMMENDATION: Consideration and approval on first reading of Ordinance No. 2012-014 

Local Business Tax Receipt Amendment.


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

ORDINANCE NO. 2012-014 

AN ORDINANCE OF WELLINGTON, FLORIDA’S 

COUNCIL, AMENDING ARTICLE III “LOCAL BUSINESS 

TAX RECEIPT”; REPEALING AND REPLACING THE 

OCCUPATIONAL LICENSE CLASSIFICATION AND 

RATE SCHEDULE EXEMPTING PROFESSIONALS AND 

BROKERS, AND PROFESSIONALS EMPLOYED BY A 

LOCAL BUSINESS, AS DEFINED, FROM THE LOCAL 

BUSINESS TAX RECEIPT REQUIREMENT; PROVIDING 

FOR SEVERABILITY; PROVIDING FOR CODIFICATION; 

PROVIDING FOR REPEAL OF LAWS IN CONFLICT; 

PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 

PURPOSES. 

WHEREAS, the Wellington may levy a local business tax pursuant to Chapter 

205, Florida Statutes, the “Local Business Taxes,” Chapter 166, Florida Statutes, the 

“Municipal Home Rule Powers Act,” Article VII, Section 9(a) and Article VIII, Section 

2(b), of the Florida Constitution, and the Village of Wellington Charter, as may be 

amended from time to time; and 

WHEREAS, the State of Florida passed House Bill 7125 (Exhibit B) relating to 

local business taxes; exempting an individual engaging in or managing a business as 

an employee and an individual licensed and operating as a broker associate or sales 

associate from local business taxes; specifying that an independent contractor is not an 

employee; and 

WHEREAS, Wellington adopted its local business tax receipt ordinance in 1997 

to provide guidelines and set the process for the implementation of the local business 

tax receipt program; and 

WHEREAS, Wellington desires to simplify its local business tax receipt program 

to support and retain existing businesses, to attract new businesses and to reduce the 

vacant commercial property inventory; and 

WHEREAS, the proposed amendment is supported by State Statutes and is a 

negligible reduction in current business tax revenue of approximately 5 percent; and 

WHEREAS, the proposed amendment is also consistent with Wellington’s 

economic development initiatives and its efforts to be responsive to the local business 

community; and 

WHEREAS, the Wellington Council, Florida has deemed it to be in the best 

interest and public welfare of the citizens of Wellington to adopt these provisions 

regarding local business taxes.


38 

39 

40 

41 

NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE 

VILLAGE OF WELLINGTON, FLORIDA that: 

SECTION 1. Chapter 58, “Taxation”, Article III, “Local Business Tax Receipt”, of 

the Village of Wellington Code of Ordinances is hereby amended as follows: 

42 

43 

Sec. 58.73. - 

professionals. 

Issuance of local business tax receipt to licensed 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 

63 

64 

65 

66 

67 

68 

69 

70 

71 

72 

No local business tax receipt shall be issued to a licensed professional or 

business office unless the professional possesses certificate from the State or 

applicable industry licensing board. Any licensed professional, either employed 

by a local business or an independent contractor, shall provide satisfactory 

evidence that the certificate(s) or license(s) referred to in this article are still in 

force and effect. 

Sec. 58-73.74 - Issuance of local business tax receipt to contractor. 

No local business tax receipt shall be issued to a contractor unless the contractor 

possesses a certificate from the state construction industry licensing board or a 

license from the Construction Industry Management Council of Palm Beach 

County. Before the issuance of the village, the applicant must produce 

satisfactory evidence that the certificate or license referred to in this article is still 

in force and effect. 

Sec. 58-74.75. – Local business tax receipt required for additional trades, 

business, etc. 

Any person engaged in two or more trades, vocations, businesses, or 

professions enumerated herein for which a local business tax receipt is required 

shall be required to pay a local business tax receipt for each separate line of 

trade, business, vocation, or profession. 

Sec. 58-76. – Exemptions for local business tax receipts. 

Beginning October 1, 2012, any individual who engages in or manages a 

business, profession, or occupation as an employee of another person is not 

required to apply for an exemption from a local business tax, pay a local 

business tax, or obtain a local business tax receipt. For the purposes of this 

section, an individual licensed and operating as a broker associate or sales 

associate is considered an employee. A principal or employer who is required to 

obtain a local business tax receipt may be required to provide licensing 

information for individuals exempt under this section in order to obtain a local 

business tax receipt. An individual acting in the capacity of an independent


73 

74 

75 

76 

77 

78 

79 

80 

81 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

contractor is not an employee and is required to obtain a local business tax 

receipt as provided in this article. 

Sec. 58-75.77. – Display of local business receipt. 

Each person holding a local business tax receipt under this article shall keep the 

receipt posted in a conspicuous place, and the receipt shall be shown to any 

officer of the Village demanding to see it. 

Sec. 58-76.78. – Classification and rate schedule. 

A local business tax classification and rate schedule is hereby adopted [by 

reference] and attached hereto as Exhibit A [of Ordinance No. 98-19 2012-014] 

Sec. 58-77.79---58-99. Reserved. 

SECTION 2. A local business tax receipt classification and rate schedule is 

hereby adopted and attached hereto as Exhibit “A”. This rate schedule reflects the 

exemption for individual professional/broker and individuals managing or working for a 

person/business and is effective October 1, 2012. Prior to October 1, 2012, all 

professionals/brokers are required to obtain a local business tax receipt as provided in 

this article. 

SECTION 3. Should any section, paragraph, sentence, clause, or phrase of this 


shall not affect the validity of the Ordinance as a whole or any portion thereof, other 

than the part to be declared invalid. 


Ordinance conflict with any section, paragraph, clause or phrase of any prior Village 

Ordinance, Resolution, or municipal Code provision, then in that event the provisions of 

this Ordinance shall prevail to the extent of such conflict. 

97 

98 

(THIS SECTION WAS INTENTIONALLY LEFT BLANK) 

99 

100 

101 

102 

103 

104


105 

106 

107 

108 

PASSED this _____day of ____________, 2012, on first reading. 

PASSED AND ADOPTED this _____ day of ____________, 2012, on second and final 

reading. 

VILLAGE OF WELLINGTON, FLORIDA 

109 

FOR 

AGAINST 

110 

111 

112 

113 

114 

115 

116 

117 

118 

119 

120 

BY: __________________________ ________ __________ 


__________________________ ________ __________ 


__________________________ ________ __________ 


__________________________ ________ __________ 


__________________________ ________ __________ 


121 

122 

123 

124 

125 

126 

127 

128 

129 

130 

ATTEST: 

BY:____________________________________ 

Awilda Rodriquez, Wellington Clerk 



BY:____________________________________ 

Jeffery Kurtz, Attorney for Wellington


EXHIBIT “A” 

VILLAGE OF WELLINGTON 

OCCUPATIONAL LICENSE LOCAL BUSINESS TAX RECEIPT 

CLASSIFICATION AND RATE SCHEDULE 

A. AGRICULTURE, FORESTRY, AND FISHING (01 TO 07) 

01 AGRICULTURAL PRODUCTION‐CROPS 

018 Ornamental Nursery Products $100.00 

Nursery $100.00 

(Additional fee required for vehicles used for service/delivery services) 

$100.00/vehicle 

07 AGRICULTURAL SERVICES 

074 Veterinary Services $100.00 

Veterinarian (Independent Contractor) $100.00 

Animal Hospital $100.00 

075 Animal Services (except Veterinary) $100.00 

Animal Grooming (Retail sales of pet supplies permitted under this license). $100.00 

Mobile Animal Grooming $100.00 

Dog trainer and/or Obedience $100.00 

School (dogs and other animals) $100.00 

Kennel (dogs and other animals) $100.00 

076 Farm Labor and Management Services (Offices) $100.00 

078 Landscape and Horticultural Services $100.00 

Landscape Consultant (Independent Contractor) $100.00 

Landscape Architect (Independent Contractor) $100.00 

Mobile Lawn and Garden Services $100.00 

(Additional fee required for vehicles used for lawn maintenance services) 


B. CONSTRUCTION (15 TO 17) 

15 GENERAL BUILDING CONTRACTORS 

152 Residential Building Construction $100.00 

153 Operative Builders $100.00 

154 Nonresidential Building Construction $100.00 

16 HEAVY CONSTRUCATION, EXCLUDING BUILDING $100.00 

17 SPECIAL TRADE CONTRACTORS 

171 Plumbing, Heating, A/C $100.00 

1


172 Painting and Paper Hanging $100.00 

173 Electrical Work $100.00 

174 Masonry, Stonework, & Plastering $100.00 

175 Carpentry and Floor work $100.00 

176 Roofing, Siding and Sheet Metal Work $100.00 

177 Concrete Work $100.00 

178 Water Well Drilling $100.00 

179 Misc. Special Trade Contractors $100.00 

1799 Mobile construction related services $100.00 

*All Construction trade contractors regulated by the Palm Beach County Licensing Board for Contractors or 

by the Florida State Construction Licensing Board will pay: 

1. $100.00 – with an established place of business in the Village of Wellington; or 

2. $2.00 Registration fee – with a place of business established outside the Village of Wellington and 

a “PALM BEACH COUNTYWIDE OCCUPATIONAL LICENSE”; or 

3. $75.00 ‐ All Construction related service NOT REQUIRING a State or County contractor’s 

license/certification. 

C. MANUFACURING (20 TO 39) 

ALL MAUFACTURING ESTABLISHMENTS WILL PAY A LICENSE FEE BASED ON THE NUMBER OF WORKERS: 

1 to 10 Employees 11+ Employees 

20 FOOD AND KINDRED PRODUCTS 

201 Meat Products $100.00 $200.00 

202 Dairy Products $100.00 $200.00 

Dairy $100.00 $200.00 

Ice Cream Manufacturer $100.00 $200.00 

203 Preserved Fruits/Vegetables $100.00 $200.00 

205 Bakery Products (Wholesale) $100.00 $200.00 

206 Sugar and Confectionery Products $100.00 $200.00 

208 Beverages $100.00 $200.00 

Bottling Works $100.00 $200.00 

209 Miscellaneous Food and Kindred Products $100.00 $200.00 

210 Ice Manufacturer $100.00 $200.00 

21 TOBACCO PRODUCTS $100.00 $200.00 

22 TEXTILE MILL PRODUCTS $100.00 $200.00 

2


23 APPAREL AND OTHER TEXTILE PRODUCTS 

Tailor/Dressmaker/Monogramming $100.00 $200.00 

24 LUMBER AND WOOD PRODUCTS 

243 Millwork, Plywood, and Structural Members $100.00 $200.00 

Cabinet Shop $100.00 $200.00 

245 Wood Buildings and Mobile Homes $100.00 $200.00 

25 FURNITURE AND FIXTURES 

251 Household Furniture Upholsterers $100.00 $200.00 

252 Office Furniture $100.00 $200.00 

259 Miscellaneous Furniture/Blinds/Shades Billboards $100.00 $200.00 

26 PAPER AND ALLIED PRODUCTS $100.00 $200.00 

27 PRINTING AND PUBLISHING 

271 Newspaper $100.00 $200.00 

272 Periodicals $100.00 $200.00 

273 Books $100.00 $200.00 

274 Miscellaneous Publishing $100.00 $200.00 

275 Commercial Printing $100.00 $200.00 

Blueprinting $100.00 $200.00 

276 Manifold Business Forms $100.00 $200.00 

279 Printing Trade Services $100.00 $200.00 

28 CHEMICALS AND ALLIED PRODUCTS $100.00 $200.00 

29 PETROLEUM AND COAL PRODUCTS $100.00 $200.00 

30 RUBBER MISC. PLASTIC PRODUCTS $100.00 $200.00 

31 LEATHER AND LEATHER PRODUCTS $100.00 $200.00 

32 STONE, CLAY AND GLASS PRODUCTS 

325 Structural Clay Products $100.00 $200.00 

326 Pottery and Related Products $100.00 $200.00 

327 Concrete, Gypsum, and Plaster Products $100.00 $200.00 

328 Cut Stone and Stone Products $100.00 $200.00 

33 PRIMARY METAL INDUSTRIES $100.00 $200.00 

3


34 FABRICATED METAL PRODUCTS 

341 Metal Cans and Shipping Containers $100.00 $200.00 

342 Cutlery, Handtools, and Hardware $100.00 $200.00 

343 Plumbing and Heating (except electric) $100.00 $200.00 

344 Fabricated Structural Metal Products $100.00 $200.00 

345 Screw Machine Products, Bolts, etc. $100.00 $200.00 

346 Metal Forging and Stampings $100.00 $200.00 

347 Metal Services (not elsewhere classified) $100.00 $200.00 

349 Misc. Fabricated Metal Products $100.00 $200.00 

35 INDUSTRIAL MACHINERY AND EQUIPMENT 

351 Engines and Turbines $100.00 $200.00 

352 Farm and Garden Machinery $100.00 $200.00 

353 Construction and Related Machinery $100.00 $200.00 

354 Metalworking Machinery $100.00 $200.00 

355 Special Industry Machinery $100.00 $200.00 

356 General Industrial Machinery $100.00 $200.00 

357 Computer and Office Equipment $100.00 $200.00 

358 Refrigeration and Service Machinery $100.00 $200.00 

359 Industrial Machinery (not elsewhere classified) $100.00 $200.00 

36 ELECTRONIC AND OTHER ELECTRIC EQUIPMENT 

361 Electric Distribution Equipment $100.00 $200.00 

362 Electrical Industrial Apparatus $100.00 $200.00 

363 Household Appliances $100.00 $200.00 

364 Electric Lighting and Wiring Equipment $100.00 $200.00 

365 Household Audio and Video Equipment $100.00 $200.00 

366 Communications Equipment $100.00 $200.00 

367 Electronic Components and Accessories $100.00 $200.00 

369 Miscellaneous Electrical Equipment and Supplies $100.00 $200.00 

Batteries, Built and Manufactured $100.00 $200.00 

37 TRANSPORATION EQUIPMENT 

371 Motor Vehicles and Equipment $100.00 $200.00 

372 Aircraft and Parts $100.00 $200.00 

373 Ship Building and Repairing $100.00 $200.00 

374 Railroad Equipment $100.00 $200.00 

375 Motorcycle, Bicycles and Parts $100.00 $200.00 

379 Miscellaneous Transportation Equipment $100.00 $200.00 

38 INSTRUMENTS AND RELATED PRODUCTS 

381 Search and Navigation Equipment $100.00 $200.00 

4


382 Measuring and Controlling Devices $100.00 $200.00 

384 Miscellaneous Instruments and Supplies $100.00 $200.00 

385 Ophthalmic Goods $100.00 $200.00 

386 Photographic Equipment and Supplies $100.00 $200.00 

387 Watches, Clocks, Watchcases & Parts $100.00 $200.00 

39 MISCELLANEOUS MANUFACTURING INDUSTRIES 

391 Jewelry, Silverware and Plated Ware $100.00 $200.00 

393 Musical Instruments $100.00 $200.00 

394 Toys and Sporting Goods $100.00 $200.00 

395 Pens, Pencils, Office and Art Supplies $100.00 $200.00 

396 Costume Jewelry and Notions $100.00 $200.00 

399 Miscellaneous Manufacturing $100.00 $200.00 

D. PUBLIC UTILITIES (48 TO 49) 

48 COMMUNICATIONS 

481 Telephone Communications $450.00 

482 Telegraph and Other Communications $450.00 

483 Radio and Television Broadcasting $450.00 

Broadcasting wire music $450.00 

484 Cable and other pay TV Services $450.00 

Office $450.00 

49 ELECTRIC, GAS, AND SANITARY SERVICES 

491 Electric Services $450.00 

492 Gas Production and Distribution $450.00 

493 Combination Utility Services $450.00 

494 Water Supply (other than Village) $450.00 

495 Sanitary Services (other than Village) $450.00 

Trash/Junk Hauling $450.00 

598 Bottled Gas Dealer $450.00 

5


E. WHOLESALE TRADE (50 TO 51) 

UNLESS A LICENSE FEE IS SPECIFICALLY LISTED BELOW, LICENSE FEES FOR BUSINESSES CLASSIFIED AS 

WHOLESALE OR RETAIL SHALL PAY LICENSE FEES BASED ON INVENTORY AT COST: 

1. Small Wholesale ‐ Business having a square footage of 2,100 square feet or less: $100.00 

2. Large Wholesale ‐ Business having a square footage exceeding 2,100 square feet: 

a. Up to $10,000.00 Inventory base license fee is: $100.00 

b. Each additional $1,000.00 in inventory, or fraction thereof: $ 6.00 

Under 2,100 SF Over 2,100 

SF and over 

$10,001.00 

in inventory 

50 WHOLESALE TRADE‐DURABLE GOODS 

501 Motor Vehicles, Parts and Supplies $100.00 $100.00 + 

5015 Motor Vehicle Parts (used) $100.00 $100.00 + 

502 Furniture and Home Furnishings $100.00 $100.00 + 

503 Lumber and Construction Materials $100.00 $100.00 + 

504 Professional and Commercial Equipment $100.00 $100.00 + 

505 Metals and Minerals (except petroleum) $100.00 $100.00 + 

506 Electrical Goods $100.00 $100.00 + 

507 Hardware, Plumbing and Heating Equipment $100.00 $100.00 + 

508 Machinery, Equipment and Supplies $100.00 $100.00 + 

509 Miscellaneous Durable Goods $100.00 $100.00 + 

Junk Yard $100.00 $100.00 + 

Mercantile Broker $100.00 $100.00 + 

51 WHOLESALE TRADE – NONDURABLE GOODS 

511 Paper and Paper Products $100.00 $100.00 + 

512 Drugs, Proprietaries and Sundries $100.00 $100.00 + 

513 Apparel, Piece Goods, and Notions $100.00 $100.00 + 

514 Groceries and Related Products $100.00 $100.00 + 

515 Farm‐Products Raw Materials $100.00 $100.00 + 

516 Chemicals and Allied Products $100.00 $100.00 + 

517 Petroleum and Petroleum Products $100.00 $100.00 + 

518 Beer, Wine, and Distilled Beverages $100.00 ‐‐‐‐‐‐‐‐‐‐‐‐ 

(no fee charged for alcohol inventory) 

519 Misc. Nondurable Goods $100.00 $100.00 + 

6


E. RETAIL TRADE (52 TO 58) 

UNLESS A LICENSE FEE IS SPECIFICALLY LISTED BELOW, LICENSE FEES FOR BUSINESSES CLASSIFIED AS 

WHOLESALE OR RETAIL SHALL PAY LICENSE FEES BASED ON INVENTORY AT COST: 

3. Small Wholesale ‐ Business having a square footage of 2,100 square feet or less: $100.00 

4. Large Wholesale ‐ Business having a square footage exceeding 2,100 square feet: 

a. Up to $10,000.00 Inventory base license fee is: $100.00 

b. Each additional $1,000.00 in inventory, or fraction thereof: $ 6.00 

Under 2,100 SF Over 2,100 

SF and over 

$10,001.00 

in inventory 

52 BUILDING MATERIALS AND GARDEN SUPPLIES 

521 Lumber and Other Building Materials $100.00 $100.00 + 

Paint, Glass and Wallpaper $100.00 $100.00 + 

525 Hardware Stores $100.00 $100.00 + 

526 Retail Nurseries and Garden Stores $100.00 $100.00 + 

527 Mobile Home Dealers $100.00 $100.00 + 

53 GENERAL MERCHANDISE STORES 

531 Department Stores $100.00 $100.00 + 

533 Variety Stores $100.00 $100.00 + 

539 Miscellaneous General Merchandising Stores $100.00 $100.00 + 

54 FOOD STORES 

541 Grocery Stores $100.00 $100.00 + 

542 Meat and Fish Markets $100.00 $100.00 + 

543 Fruit and Vegetable Markets $100.00 $100.00 + 

544 Candy, Nut and Confectionery Stores $100.00 $100.00 + 

545 Dairy Product Stores $100.00 $100.00 + 

546 Retail Bakeries $100.00 $100.00 + 

549 Miscellaneous Food Stores $100.00 $100.00 + 

55 AUTOMOTIVE DEALERS AND SERVICE STATIONS 

551 New and Used Car Dealers $100.00 $100.00 + 

552 Used Car Dealers $100.00 $100.00 + 

553 Auto and Home Supply Stores $100.00 $100.00 + 

554 Gasoline Services Stations $100.00 $100.00 + 

(Additional licenses required for repairs, towing 

and/or service vehicles and for retail sales other 

$100.00 per vehicle 

than automotive accessories.) 

7


555 Boat Dealers (additional Licenses required for repairs) $100.00 $100.00 + 

Boat Slips (dry or wet) and for retail $100.00 $100.00 + 

Sales other than Marine Accessories $100.00 $100.00 + 

556 Recreational Vehicle Dealers $100.00 $100.00 + 

557 Motorcycle Dealers $100.00 $100.00 + 

56 APPAREL AND ACCESSORY STORES 

561 Men’s and Boy’s Clothing Stores $100.00 $100.00 + 

562 Women’s Clothing Stores $100.00 $100.00 + 

563 Women’s Accessory and Specialty Stores $100.00 $100.00 + 

564 Children’s and Infant’s Wear Stores $100.00 $100.00 + 

565 Family Clothing Stores $100.00 $100.00 + 

566 Shoes Stores $100.00 $100.00 + 

569 Miscellaneous Apparel and Accessory Stores $100.00 $100.00 + 

57 FURNITURE AND HOME FUTNISHING STORES 

571 Furniture and Home Furnishings $100.00 $100.00 + 

572 Household Appliance Stores $100.00 $100.00 + 

573 Radio, Television and Computer Stores $100.00 $100.00 + 

58 MISCELLANEOUS RETAIL 

581 Drug Store $100.00 $100.00 + 

582 Liquor Stores (no fee charged for alcohol inventory) $100.00 ‐‐‐‐‐‐‐‐‐‐ 

583 Used Merchandise Stores $100.00 $100.00 + 

(This category includes, but is not limited to 

old gold dealers, antiques, consignment shops, 

secondhand goods dealers, pawnbroker. 

Additional license required 

if firearms are sold.) 

584 Miscellaneous Shopping Goods Stores $100.00 $100.00 + 

5841 Sporting Goods and Bicycle Shops $100.00 $100.00 + 

5842 Book Stores $100.00 $100.00 + 

5843 Stationary Stores $100.00 $100.00 + 

5844 Jewelry Store (additional license required for repair) $100.00 $100.00 + 

5845 Hobby, Toy and Game Shops $100.00 $100.00 + 

5846 Camera and Photographic Supply Store $100.00 $100.00 + 

5847 Gift Novelty and souvenir Shops $100.00 $100.00 + 

5848 Luggage and Leather Goods Stores $100.00 $100.00 + 

5849 Sewing, Needlework, and Piece Goods $100.00 $100.00 + 

586 Non‐store Retailers $100.00 $100.00 + 

Telemarketing $100.00 $100.00 + 

5861 Catalog and Mail Order Houses $100.00 $100.00 + 

5862 Merchandising Machine Operators $100.00 $100.00 + 

Machine Operator (each machine) $100.00 ‐‐‐‐‐‐‐‐‐‐‐ 

8


5863 Direct Selling Establishments $100.00 $100.00 + 

(All businesses to be licensed under 

this category must have police approval) 

Home Demonstrator $100.00 $100.00 + 

Street Vendors/Itinerant Merchants (Special Event) 

Hot Dog Vendors [with set location on private 

Property (Must provide written permission $100.00 $100.00 + 

from property owner)] 

Hot Dog Vendors [on Public Property (Must 

move every two hours and comply with all other $100.00 $100.00 + 

City Ordinances)] 

Ice Cream trucks (each) $100.00 $100.00 + 

Flower stands [for limited time (Must provide 

written permission property owner)] $100.00 $100.00 + 

Christmas Tree Lots (Special Event) 

589 Retail Stores (not elsewhere classified) $100.00 $100.00 + 

Auction Houses $100.00 $100.00 + 

State Licensed Auctioneer (required to conduct auctions) $100.00 $100.00 + 

Art Gallery $100.00 $100.00 + 

5892 Florists $100.00 $100.00 + 

5893 Tobacco Stores and stands (alone) $100.00 $100.00 + 

5894 News Dealers and Newsstands (alone) $100.00 $100.00 + 

5895 Optical Goods Stores $100.00 $100.00 + 

F. FOOD SERVICES (59) 

59 EATING AND DRINKING PLACES Base Fee 51+seats 

591 Eating and Drinking Places 

5912 Eating Places $100.00 $100.00 + $3.40/seat 

(Deli’s, take‐out only restaurants and other 

such food establishments fall into 

this rate schedule) 

(Additional licenses required for live 

Entertainment, amusement machines, etc.) 

5913 Drinking Places $100.00 $100.00 + $3.40/seat 

(Additional licenses required for live 

Entertainment, amusement machines, etc.) 

9


G. FINANCE, INSURANCE AND REAL ESTATE (60 TO 67) 

60 DEPOSITORY INSTITUTIONS 

601 Central Reserve Depositories $450.00 

602 Commercial Banks $450.00 

603 Savings Institutions $450.00 

6035 Federal Savings Institutions $450.00 

6036 Savings and Loan (other than Federal) $450.00 

606 Credit Unions $450.00 

609 Other Financial Related Services $450.00 

6091 Non‐deposit Trust Facilities $450.00 

Check cashing services $450.00 

Collection Agency $150.00 

61 NON‐DEPOSITORY INSTITUTIONS 

611 Federal/Federally Sponsored Credit Agencies $450.00 

614 Personal Credit Institutions $450.00 

Bail Bondsman (Independent Contractor) $450.00 

615 Business Credit Institutions $450.00 

6159 Discount Corporations $450.00 

616 Mortgage Bankers and Brokers (Independent Contractor) $450.00 

62 SECURITY AND COMMODITY BROKERS 

621 Security Brokers and Dealers (Independent Contractor) $450.00 

622 Commodity Contracts Brokers, Dealers (Independent Contractor) $450.00 

Bond Brokers (Independent Contractor) $450.00 

628 Security and Commodity Services $450.00 

Investment Consultant (Independent Contractor) $450.00 

63 INSURANCE CARRIERS 

Per agency or branch office 

631 Life Insurance $100.00 

632 Medical Service and Health Insurance $100.00 

633 Fire, Marine and Casualty Insurance $100.00 

635 Surety Insurance $100.00 

636 Title Insurance $100.00 

637 Pension, Health and Welfare Funds $100.00 

64 INSURANCE AGENTS, BROKERS, & SERVICES 

641 Insurance Agents, Brokers, and Services $100.00 

Insurance Agency $100.00 

Insurance salesperson (Independent Contractor) $ 25.00 

10


65 REAL ESTATE 

651 Real Estate Operators and Lessors $100.00 

653 Real Estate Agents and Managers(Independent Contractor ) $100.00 

Real Estate Appraiser, each $ 25.00 

Real Estate Broker, each $ 25.00 

Each Real Estate Salesperson $ 25.00 

Real Estate Sales and/or 

Management Office (In the event that $100.00 

A Real Estate company/office employs 5 or more 

Brokers and/or salespeople the company 

Can elect to pay a set fee of $100.00 in lieu of having 

Individual broker/salespeople secure a separate license) 

67 HOLDING AND OTHER INVESTMENT OFFICES 

671 Holding Offices $450.00 

672 Investment Offices $450.00 

Mutual Fund Dealer (Independent Contractor) $450.00 

H. RENTALS (70) 

70 HOTELS AND OTHER LODGING PLACES 

701 Hotels and Motels $100.00+$5.00/unit 

(This category also includes 

Bed and Breakfast) 

702 Rooming and Boarding Houses $100.00+$5.00/unit 

703 Camps and Recreational Vehicle Parks $100.00+$5.00/unit 

Trailer Camps 

$100.00+$5.00/unit 

I. SERVICES (72 TO 88) 

72 PERSONAL SERVICES 

721 Laundry, Cleaning and Garment Services $100.00 

7211 Power Laundry, Family and Commercial (see manufacturing) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 

7212 Garment Pressing and Cleaning Agents $100.00 

Drop Off Station $100.00 

7213 Linen Supply $100.00 

Linen and/or Uniform rental (only) $100.00 

7214 Coin‐operated Laundries and Cleaning $100.00 

7216 Dry cleaning Plants $100.00 

Mobile service $100.00 

11


7218 Industrial Launderers $100.00 

722 Photographic Studios [portrait (This category 

includes videotaping as well as still photography)] $100.00 

723 Beauty Shops $100.00 

724 Barber Shops (same as beauty shops) $100.00 

725 Shoe Repair and Shoe Shine Parlors $100.00 

726 Funeral Service and Crematories $100.00 

Undertakers and Funeral Parlor $100.00 

729 Miscellaneous Personal Services $100.00 

7291 Tax Return Preparation Services $100.00 

7299 Miscellaneous personal services (not elsewhere classified) $100.00 

Baby Sitting Agency $100.00 

Electrolysis $100.00 

Escort Service $1,000.00 

Dating/Matchmaking Service $1,000.00 

Masseur, each (Independent Contractor) $100.00 

Tattoo Parlor $1,000.00 

73 BUSINESS SERVICE 

731 Advertising 

7311 Advertising $100.00 

Temporary promotional event, 7 days $100.00 

or less; such as art show, craft shows, 

antique shows or any other such event 

put on for the purpose of promoting/ 

advertising a location, holiday, event, etc. 

7312 Outdoor Advertising Service $100.00 

Sign Companies $100.00 

Individual Sign Painters $100.00 

Bench Advertising $100.00 

7313 Radio, Television, Publisher $100.00 

Representative Solicitor Advertising $100.00 

733 Mailing, Reproduction, Stenographic $100.00 

Microfilming/Blueprinting $100.00 

7334 Photocopying and Duplicating Services $100.00 

7335 Commercial Photography (see photographer) $100.00 

7336 Commercial Art and Graphic Design $100.00 

7338 Secretarial and Court Reporting $100.00 

Secretarial Services $100.00 

Court Reporters, each (Independent Contractor) $100.00 

12


734 Service to Building 

7342 Disinfecting and Pest Control Service $100.00 

7349 Building Maintenance Services $100.00 

Janitorial $100.00 

Building Inspection Service $100.00 

735 Miscellaneous Equipment Rental/Leasing $100.00 

Rental Agency $100.00 

736 Personnel Supply Services $100.00 

7361 Employment Agencies $100.00 

737 Computer and Data Processing Services $100.00 

7371 Computer Programming Services $100.00 

7377 Computer Rental and Leasing $100.00 

7378 Computer Maintenance and Repair (see repair) $100.00 

738 Miscellaneous Business Service $100.00 

Answering Phone Service $100.00 

Appraiser (other than Real Estate) $100.00 

Repossession Agencies $100.00 

Business Consultant $100.00 

Financial Consultant $100.00 

Immigration/Naturalization Consultant $100.00 

Interior Decorator $100.00 

Manufacturers agent, each $100.00 

Market Analysis $100.00 

7381 Detective and armored car services $100.00 

7382 Security systems services $100.00 

7383 New Syndicate $100.00 

7384 Photo Finishing Labs $100.00 

(Photographer is additionally licensed) 

75 AUTO REPAIR, SERVICES AND PARKING 

751 Automotive Rentals (No drivers) $100.00 

7513 Truck Rental and Leasing $100.00 

7514 Passenger Car Rental $100.00 

7515 Passenger Car Leasing Office $100.00 

7519 Utility Trailer Rental $100.00 

752 Automobile Parking $100.00 

753 Automobile Repair Shops $100.00 

Repair/Machine Shops $100.00 

754 Automotive Services (except repair) $100.00 

Towing Services $100.00 

7542 Carwash $100.00 

13


76 MISCELLANEOUS REPAIR SERVICE $100.00 

762 Electrical Repair $100.00 

763 Watch, Clock and Jewelry Repair $100.00 

764 Re‐upholstery and Furniture Repair $100.00 

Art Restoration $100.00 

769 Miscellaneous Repair Shops $100.00 

Mobile Repair Services $100.00 

Locksmith $100.00 

Established place of business (fee same as repair shop) $100.00 

Mobile 


Tool sharpener $100.00 

Taxidermist $100.00 

Organ/Piano Tuner $100.00 

78 MOTION PICTURES 

781 Motion Picture Production & Services $100.00 

Motion Picture, Television Production Crews $100.00 

Filming in City 

$100.00/day 

782 Motion Picture Distribution and Services $400.00 

783 Motion Picture Theaters $400.00 

7832 Motion picture Theaters (excluding Drive‐ins) $400.00 

7833 Drive‐in Motion Picture Theaters $400.00 

784 Video Tape Rental (retail sales permitted under this $100.00 

classification without additional fees) 

79 AMUSEMENT AND RECREATION SERVICES 

791 Dance Studios (schools and halls) $150.00 

Dance Studio or Hall $150.00 

Dance (held by club) 

$ 50.00/dance 

Dance Teacher (independent only) $ 50.00 

792 Producers, Orchestras, Entertainers $200.00 

7922 Theatrical Producers and Services $200.00 

Entertainment Promoter and/or Sports $200.00 

Promoter/Agent $200.00 

7923 Entertainers/Entertainment Groups, $300.00 

Variety Shows, Exhibits, Magic Shows 

and all other such entertainments $300.00 

not held in licensed theater or connected 

with major carnival or circus 

793 Bowling Centers $300.00 

14


794 Commercial Sports $125.00 

7941 Sports Clubs, Managers, and Promoters $125.00 

7948 Racing (including track operation) $125.00 

Go‐cart Track $125.00 

795 Adult Entertainment $2,500.00 

799 Miscellaneous Amusement, Recreation Services undesignated 

7991 Physical Fitness Facilities $300.00 

7992 Public Golf Courses (not municipally owned) $400.00 

(Additional license required for 

restaurants, retail sales) 

Miniature, Carpet or Driving Range $150.00 

Golf Instructor (Professional)(Independent Contractor) $100.00 

7993 Coin‐operated Amusement Devices $250.00 

Machine operator $250.00 

Each machine $ 25.00 

(License not to exceed) $750.00 

7996 Amusement Parks (Applications processed through PB&Z) 

7997 Membership Sports and Recreation Clubs $300.00 

7999 Amusement and Recreation (not elsewhere classified) $100.00 

Boat Rental (pleasure) Sightseeing $100.00 

Boats for Hire (fishing) $100.00 

Cruising/Charter 

$ 75.00/each 

Paddle Boat 

$ 25.00/each 

Circuses/carnivals 

and/or Special Events (Applications processed through (PB&Z) 

Astrologer $300.00 

Fortunetellers $1,250.00 

Parades (Application processed through PB&Z) 

Pool Parlors (Billiard) 

$ 30.00/table 

Rinks/Ice or Roller Skating $300.00 

Rodeos Parks (Applications processed through PB&Z) 

Shooting gallery and/or firing range $150.00 

Pony Rides $100.00 

Amusement Riding Devices (Not part of circus, carnival or $ 25.00/each 

special event) 

Archery Range $100.00 

Bingo or Guest Games (Regulated by or ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 

permitted by a sponsoring charitable 

organization only) 

Music Conservatory/Studio $100.00 

Promotional Amusement and/or Exhibits 

$100.00/year 

for trade attraction put on for a short 

term by shopping centers and merchants, 

15


where no policing is necessary for fire, 

health, building, police, electrical 

or plumbing inspectors) i.e., art shows, 

bicycle races, band concerts, movie 

slides, boat and auto exhibitions, shows, 

exclusive of carnival or carnival rides. 

80 HEALTH SERVICES 

801 Offices/Clinics of Medical Doctors $100.00 

Physicians and all other professionals, each(Independent Contractor) $100.00 

802 Offices/Clinics of Dentists $100.00 

Dentist and all other professionals, each (Independent Contractor) $100.00 

803 Offices of Osteopathic Physicians $100.00 

Physicians and all other professionals, each (Independent Contractor) $100.00 

804 Offices of Other Health Practitioners $100.00 

Professionals such as those listed below 

but not limited to, each: 

Physical Therapists (Independent Contractors) $100.00 

Hypnotists $100.00 

Homeopathic Physician $100.00 

805 Nursing and Personal Care Facilities $100.00 

Nursing Homes $100.00 

806 Hospitals $250.00 

Outpatient Clinics $100.00 

807 Medical and Dental Laboratories $100.00 

808 Home Health Care Services $100.00 

809 Health and Allied Services NEC $100.00 

81 LEGAL SERVICES 

811 Law Offices $100.00 

Attorneys, each (Independent Contractor) $100.00 

Paralegal Office $100.00 

82 EDUCATIONAL SERVICES 

821 Elementary and Secondary Schools $100.00 

822 Colleges and Universities $100.00 

824 Vocational Schools $100.00 

829 Schools and Educational Services $100.00 

83 SOCIAL SERVICES 

832 Individual and Family Services $100.00 

16


Marriage/Family Consultant $100.00 

833 Job Training and Related Services $100.00 

835 Child Care Services (At Home) $100.00 

Day care Center $100.00 

836 Residential Care $100.00 

84 MUSEUMS, BOTANICAL, ZOOLOGICAL GARDENS $100.00 

841 Museums and Art Galleries $100.00 

842 Botanical and Zoological Gardens $100.00 

86 MEMBERSHIP ORGANIZATIONS 

861 Business Associations $100.00 

862 Professional Organizations $100.00 

863 Labor Organizations $100.00 

864 Civic and Social Associations $100.00 

865 Political Organizations $100.00 

87 ENGINEERING & MANAGEMENT SERVICES 

871 Engineering & Architectural Services $100.00 

8712 Engineering Services, Office $100.00 

Engineers, each (Independent Contractor) $100.00 

8713 Architectural Services, Office $100.00 

Architects, each (Independent Contractor) $100.00 

8714 Surveying Services, Office $100.00 

Land Surveyors, each (Independent Contractor) $100.00 

872 Accounting, Auditing & Bookkeeping, Office $100.00 

Accountants, Bookkeepers, Auditors, each (Independent Contractor) $100.00 

873 Research and Testing Services $100.00 

Laboratories $100.00 

874 Management and Public Relations $100.00 

8741 Management Services $100.00 

8742 Management Consulting Services $100.00 

8743 Public Relations Services $100.00 

8748 Business Consulting $100.00 

88 PRIVATE HOUSHOLDS/APARTMENTS ETC. SEE RENTALS 

Rental/Leasing 

89 LOCAL AND INTERURBAN PASSENGER TRANSIT 

891 Local and Suburban Transportation undesignated 

Ambulance Company $250.00 

Non‐emergency, handicap or other such $250.00 

17


Transportation services $100.00 

892 Taxicabs (including jitneys, limousines) 

‐First vehicle $100.00 

‐Each Additional vehicle $ 50.00 

‐License fee shall not exceed: $5,000.00 

893 Intercity and Rural Bus Transportation 

Terminal $250.00 

894 Bus Charter Service $100.00/bus 

897 Bus Terminal and Service Facilities $250.00 

898 Fuel Dealers $100.00 

Bottled Gas Dealer $100.00 

90 TRUCKING AND WAREHOUSING 

901 Trucking and Courier Services, Excluding Air 

(Messenger, courier, delivery service, etc.,) 


902 Public Warehousing and Storage 

‐Under 5,000 square feet $100.00 

‐Over 5,000 square feet but under 10,000 square feet $150.00 

‐Exceeding 10,000 square feet $250.00 

903 Trucking Terminal Facilities $250.00 

91 TRANSPORTATION SERVICES 

912 Passenger Transportation Arrangement 

4724 Travel Agencies and/or Ticket 

Booking Office $100.00 

4725 Tour Operators $100.00/bus 

913 Freight Transportation Arrangement 

Business office or per vehicle $100.00 

Express companies $250.00 

Import/Export Broker $100.00 

918 Miscellaneous Transportation Services 

4782 Packing and Crating (see manufacturing) $100.00 

Citrus Fruit Shipper $100.00 

92 HOME OCCUPATION $100.00 

99 NON‐CLASSIFIED ESTABLISHMENTS $100.00 

Any person engaged in any lawful business, 

Profession or occupation, wholly or in part 

Within the City, not mentioned or covered in 

This section, article or other City Ordinance, 

18


Shall pay an annual license of: 

Special events such as carnival, circuses, parades, rodeos, and Christmas tree lots are not required to obtain 

a local businesses tax receipt; however they are required to obtain a special use permit and pay all 

applicable fees through this alternative process. 

All Not‐for‐profit organizations are required to obtain a local business tax receipt. The zoning and 

administrative fees are collected on the initial application. Although not‐for‐profits do not pay a tax, they 

must complete the renewal of the tax receipt, at no charge, annually. 

19


CHAPTER 2011-78 

Committee Substitute for Committee Substitute for 

Committee Substitute for House Bill No. 311 

An act relating to local business taxes; amending s. 205.022, F.S.; defining 

the term “independent contractor”; creating s. 205.066, F.S.; exempting an 

individual engaging in or managing a business as an employee from 

requirements related to local business taxes; specifying that an individual 

licensed and operating as a broker associate or sales associate is an 

employee; specifying that an independent contractor is not an employee; 

prohibiting a local governing authority from holding an exempt employee 

liable for the failure of a principal or employer to comply with certain 

obligations related to a local business tax or requiring an exempt employee 

to take certain actions related to a local business tax; prohibiting a local 

governing authority from requiring a principal or employer to provide 

personal or contact information for exempt individuals in order to obtain a 

local business tax receipt; providing that the exemption does not apply to a 

business tax imposed on individual employees by a municipality or county 

pursuant to a resolution or ordinance adopted before October 13, 2010; 

amending s. 205.194, F.S.; deleting obsolete language; requiring a person 

applying for or renewing a local business tax receipt to engage in or 

manage a business or occupation regulated by the Florida Supreme Court 

or a state agency to exhibit certain documentation before such receipt may 

be issued; authorizing online renewals as a means of providing electronic 

certifications that meet such requirement; deleting a requirement that the 

Department of Business and Professional Regulation provide certain 

professional regulation information to local officials who issue business 

tax receipts; deleting a provision prohibiting a local official who issues 

business tax receipts from renewing a license under certain circumstances; 

providing for retroactive application; providing an effective date. 

Be It Enacted by the Legislature of the State of Florida: 

Section 1. 

read: 

Subsection (9) is added to section 205.022, Florida Statutes, to 

205.022 Definitions.—When used in this chapter, the following terms 

and phrases shall have the meanings ascribed to them in this section, except 

when the context clearly indicates a different meaning: 

(9) “Independent contractor” has the same meaning as provided in s. 

440.02(15)(d)1.a. and b. 

Section 2. 

Section 205.066, Florida Statutes, is created to read: 

205.066 Exemptions; employees.— 

1 

CODING: Words stricken are deletions; words underlined are additions.

Ch. 2011-78 LAWS OF FLORIDA Ch. 2011-78 


(1) An individual who engages in or manages a business, profession, or 

occupation as an employee of another person is not required to apply for an 

exemption from a local business tax, pay a local business tax, or obtain a local 

business tax receipt. For purposes of this section, an individual licensed and 

operating as a broker associate or sales associate under chapter 475 is an 

employee. An individual acting in the capacity of an independent contractor 

is not an employee. 

(2) An employee may not be held liable by any local governing authority 

for the failure of a principal or employer to apply for an exemption from a 

local business tax, pay a local business tax, or obtain a local business tax 

receipt. An individual exempt under this section may not be required by any 

local governing authority to apply for an exemption from a local business tax, 

otherwise prove his or her exempt status, or pay any tax or fee related to a 

local business tax. 

(3) A principal or employer who is required to obtain a local business tax 

receipt may not be required by a local governing authority to provide 

personal or contact information for individuals exempt under this section in 

order to obtain a local business tax receipt. 

(4) The exemption provided in this section does not apply to a business 

tax imposed on individual employees by a municipality or county pursuant to 

a resolution or ordinance adopted before October 13, 2010. Municipalities or 

counties that, before October 13, 2010, had a classification system that was in 

compliance with the requirements of this chapter and that actually resulted 

in individual employees paying a business tax may continue to impose such a 

tax in that manner. 

Section 3. 

Section 205.194, Florida Statutes, is amended to read: 

205.194 Prohibition of local business tax receipt without exhibition of 

state license or registration.— 

(1) Any person applying for or renewing a local business tax receipt for 

the period beginning October 1, 1985, to practice any profession or engage in 

or manage any business or occupation regulated by the Department of 

Business and Professional Regulation, the Florida Supreme Court, or any 

other state regulatory agency, including or any board or commission thereof, 

must exhibit an active state certificate, registration, or license, or proof of 

copy of the same, before such local receipt may be issued. Online renewals 

may provide for electronic certification by an applicant to meet this 

requirement. Thereafter, only persons applying for the first time for a 

receipt must exhibit such certification, registration, or license. 

(2) The Department of Business and Professional Regulation shall, by 

August 1 of each year, supply to the local official who issues local business tax 

receipts a current list of professions it regulates and information regarding 

those persons for whom receipts should not be renewed due to the 

suspension, revocation, or inactivation of such person’s state license, 

2 




certificate, or registration. The official who issues local business tax receipts 

shall not renew such license unless such person can exhibit an active state 

certificate, registration, or license. 

(2)(3) This section shall not apply to s. 489.113, s. 489.117, s. 489.119, s. 

489.131, s. 489.511, s. 489.513, s. 489.521, or s. 489.537. 

Section 4. This act shall take effect July 1, 2011, except that section 2 of 

this act shall operate retroactively to October 13, 2010. 

Approved by the Governor May 31, 2011. 

Filed in Office Secretary of State May 31, 2011. 

3 



CHAPTER 2012-102 

House Bill No. 7125 

An act relating to exemptions from local business taxes; creating s. 205.067, 

F.S.; specifying that an individual licensed and operating as a broker 

associate or sales associate is not required to apply for an exemption from a 

local business tax or take certain actions relating to a local business tax; 

prohibiting a local governing authority from holding such exempt 

individual liable for the failure of a principal or employer to comply 

with certain obligations related to a local business tax or from requiring 

the exempt individual to take certain actions related to a local business 

tax; prohibiting a local governing authority from requiring a principal or 

employer to provide personal or contact information for such exempt 

individuals in order to obtain a local business tax receipt; amending s. 

205.066, F.S.; conforming provisions; providing an effective date. 

Be It Enacted by the Legislature of the State of Florida: 

Section 1. 

Section 205.067, Florida Statutes, is created to read: 

205.067 Exemptions; broker associates and sales associates.— 

(1) An individual licensed and operating as a broker associate or sales 

associate under chapter 475 is not required to apply for an exemption from a 

local business tax, pay a local business tax, or obtain a local business tax 

receipt. 

(2) An individual exempt under this section may not be held liable by any 

local governing authority for the failure of a principal or employer to apply for 

an exemption from a local business tax, pay a local business tax, or obtain a 

local business tax receipt. An individual exempt under this section may not 

be required by any local governing authority to apply for an exemption from a 

local business tax, otherwise prove his or her exempt status, or pay any tax or 

fee related to a local business tax. 

(3) A principal or employer who is required to obtain a local business tax 

receipt may not be required by a local governing authority to provide 

personal or contact information for individuals exempt under this section in 

order to obtain a local business tax receipt. 

Section 2. 

to read: 

Subsection (1) of section 205.066, Florida Statutes, is amended 

205.066 Exemptions; employees.— 

(1) An individual who engages in or manages a business, profession, or 

occupation as an employee of another person is not required to apply for an 

exemption from a local business tax, pay a local business tax, or obtain a local 

business tax receipt. For purposes of this section, an individual licensed and 

1 




operating as a broker associate or sales associate under chapter 475 is an 

employee. An individual acting in the capacity of an independent contractor 

is not an employee. 

Section 3. This act shall take effect October 1, 2012. 

Approved by the Governor April 6, 2012. 

Filed in Office Secretary of State April 6, 2012. 

2 




7. D 



AGENDA ITEM NAME: ORDINANCE NO. 2012-016 (CIVIL AVIATION OPERATIONS) 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL PERTAINING TO THE CODE OF 

ORDINANCES ADOPTING CHAPTER 63 “CIVIL AVIATION” TO REGULATE THE CIVIL AVIATION 

OPERATIONS AND USES AT AIRPARKS AND AIRFIELDS WITHIN THE VILLAGE OF 

WELLINGTON; PROVIDING FOR APPLICABILITY AND CONFLICTS; PROVIDING FOR 

SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR ENFORCEMENT; AND 






FIRST READING 


REQUEST: Staff is requesting the First Reading of Ordinance No. 2012-016 Civil Aviation 

Operations be postponed until the August 28, 2012 Council meeting. This Ordinance was already 

advertised for the June 26, 2012 Council meeting, therefore, a motion is required to postpone the 

item until the August 28, 2012 meeting. 

EXPLANATION: Pursuant to Council direction, staff has developed Ordinance No. 2012-016 for 

consideration which proposes to regulate civil aviation operations in Wellington. The ordinance 

addresses the potential paving of the airfield at Aero Club and amends the code of ordinances to 

control civil aviation operations and uses to address the potential impacts on the health, safety, and 

well-being of the community. 


FISCAL IMPACT: No 


RECOMMENDATION: Staff is requesting the First Reading of Ordinance No. 2012-016 Civil 

Aviation Operations be postponed until the August 28, 2012 Council meeting. This Ordinance was 

already advertised for the June 26, 2012 Council meeting; therefore, a motion is required to 

postpone the item until the August 28, 2012 meeting.


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

ORDINANCE 2012-016 

AN ORDINANCE OF WELLINGTON, FLORIDA’S 

COUNCIL PERTAINING TO THE CODE OF ORDINANCES 

ADOPTING CHAPTER 63 “CIVIL AVIATION” TO 

REGULATE THE CIVIL AVIATION OPERATIONS AND 

USES AT AIRPARKS AND AIRFIELDS WITHIN THE 

VILLAGE OF WELLINGTON; PROVIDING FOR 

APPLICABILITY AND CONFLICTS; PROVIDING FOR 

SEVERABILITY; PROVIDING FOR CODIFICATION; 

PROVIDING FOR ENFORCEMENT; AND PROVIDING AN 


12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

WHEREAS, the Village of Wellington wishes to establish regulations for the use 

and operation of civil aviation and private airpark/airfield type facilities within its 

municipal boundaries; and 

WHEREAS, there are currently two private airparks or airfields within 

Wellington’s municipal boundaries; and 

WHEREAS, the Village Council of the Village of Wellington, Florida has deemed 

it to be in the best interest and public welfare of the citizens of the Village of Wellington 

to adopt provisions regarding private airparks or airfields within Wellington’s municipal 

boundaries 

WHEREAS, the use and operation of civil aviation aircraft may impact the health, 

safety and well-being of residents within and outside the airpark/airfield properties; and 

WHEREAS, the Village of Wellington recognizes that the Federal Aviation 

Authority (FAA) regulates the safe and effective standards for the operation of civil 

aviation and the utilization of airspace; and 

WHEREAS, the Village recognizes that the owners or property owner 

associations may impose additional restrictions on the use and operation of civil aviation 

aircraft and private airpark or airfield. 

NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE 

VILLAGE OF WELLINGTON, FLORIDA that: 

SECTION 1. Chapter 63, “Civil Aviation”, is here by adopted and made part of 

the Village of Wellington Code of Ordinances as follows: 

ARTICLE I. GENERAL 

Section 63-1. Application.


36 

37 

38 

39 

40 

41 

42 

This chapter applies throughout the jurisdictional limits of the village of 


Section 63-2. Federal Aviation Authority Regulations. 

This chapter is not intended to interfere, supersede, or conflict with any 

FAA rules or regulations. In the event of a conflict between this chapter and the 

FAA rules or regulations, the FAA shall prevail. 

Section 63-3 – 63.5. – Reserved. 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 

63 

64 

65 

66 

67 

ARTICLE II. DEFINITIONS 

Section 63-6. Definitions. 

The following words and phrases when used in this chapter shall apply 

unless the context clearly indicates or requires a different meaning. 

Civil aviation is one of two major categories of flying, representing all nonmilitary 

aviation, both private and commercial. 

Air rights are the right to use space above ground level. 

Airfields are ground facilities designed to accommodate landing and take 

operations of aircraft used by individual property owners, farm operators or 

commercial operations. 

Airpark is a planned development that includes an airfield with ancillary 

and support services. 

Aviation fuel is a specialized type of petroleum based fuel used to power 

aircraft. It is generally a higher quality than fuel used in less critical applications 

such as heating or road transportation and often contained additives to reduce 

the risk of icing or explosion due to high temperatures amongst other 

properties. 

Aircraft aerobatics is the performance of stunts while in flight in an aircraft. 

Federal Aviation Administration (FAA) is charged with regulating air 

commerce, promoting safety and implementation of programs and regulations 

which control aircraft noise and other environmental effects of civil aviation. 

Jet Airplane is an aircraft that utilizes a conventional jet engine as the means 

of propulsion.


68 

69 

70 

71 

72 

73 

74 

75 

76 

77 

78 

79 

80 

81 

82 

83 

Jet propulsion utilizes atmospheric oxygen to burn a fuel mixture which is 

compressed through a nozzle, thereby producing a rearward thrust of heated 

air and exhaust gases to power an aircraft without the use of a propeller. 

Nonconforming use is a use or activity that was lawful prior to the 

adoption, revision, or amendment of the code but that fails by reason of such 

adoption, revision, or amendment to conform to the present requirements of the 

code. 

Prolonged running is the running of an airplane engine for an excessively 

long duration and tediously protracted. 

Run-up is the revving of an aircraft engine for testing or maintenance 

purposes. 

Visual flight rule conditions are a set of regulations which allow a pilot 

operating an aircraft in weather conditions generally clear enough to allow the 

pilot to see where the aircraft is going without the use of instruments or 

mechanical means. 


84 

85 

86 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

97 

98 

99 

100 

101 

102 

ARTICLE III. CIVIL AVIATION OPERATIONS AND USES 

Section 63-11. Purpose. 

The following are minimum regulations to control the airparks and airfields within 

Wellington as well as the use and operation of civil aviation: 

a. No jet aircraft is permitted to operate, take-off, or land within the airparks or 

airfields in the Village of Wellington. 

b. The uses related to airparks or airfields shall be limited to those approved 

by the planned unit development and commercial uses customarily allowed 

on Planned Unit Development commercial tracts. 

c. No flight training, jump schools, or other aviation-oriented commercial 

activities shall be permitted. Any existing commercial use of the private 

airfield west of Flying Cow Road at the time of the adoption of this ordinance 

shall be considered grandfathered and non-conforming. Should the nonconforming 

use be discontinued for six months or longer, it will be 

considered terminated and shall not be reengaged.


103 

104 

105 

106 

107 

108 

109 

110 

111 

112 

113 

114 

115 

116 

117 

118 

119 

120 

121 

122 

123 

124 

125 

126 

127 

128 

129 

130 

131 

132 

133 

134 

135 

136 

137 

138 

139 

140 

d. All airparks or airfields shall be restricted to use by the owners of the airpark 

or airfields, residents, and their guests. 

e. Any sale of aviation fuel shall be restricted to those permitted to use the 

airport or airfield. 

f. Operations of the airparks or airfields shall be limited to visual flight rule 

conditions as regulated by the FAA and as amended from time to time. Any 

modifications to the airparks or airfields shall require approval by the Village 

Council. 

g. The operations shall limit noise in a manner that recognizes the residential 

character of the neighboring communities. The prolonged running of aircraft 

engines between the hours of 10:00 P.M. and 7:00 AM shall be prohibited. 

This includes ground testing or revving of an aircraft engine (“run-up”) not 

immediately connected to contemporaneous air operation. No person shall 

test or run-up an aircraft engine for maintenance purposes between the 

hours of 7:00 p.m. and 7:00 a.m. Where applicable, the provisions of 

Wellington’s noise ordinance shall apply to the use and operation of airparks 

and airfields. 

h. The following are exempt from these regulations: military aircraft and any 

government owned or operated aircraft involved in law enforcement, 

emergency, fire or rescue operations or any aircraft utilizing the airfields for 

safety purposes. 

i. Aircraft operations shall be limited to the airpark, airfield and the respective 

airspace as determined by FAA regulations. Aircraft training or aerobatics 

are prohibited within the boundaries of Wellington. 

j. Wellington shall not permit any future airparks, airfields, or landing strips 

within its municipal boundaries as a part of any development; unless 

additional land is annexed and it is demonstrated that the location does not 

conflict with the two existing facilities and does not impact the health and 

safety of Wellington residents. If airparks, airfields, or landing strips were to 

be considered they would also be subject to Supplementary Standards 

(Sec. 6.4.4.10 of LDR), which include both FAA & FDOT approvals. 


141


142 

143 

144 

145 

146 

147 

148 

149 

150 

151 

152 

153 

154 

155 



shall not affect the validity of the Ordinance as a whole or any portion thereof, other 

than the part to be declared invalid. 


Ordinance conflict with any section, paragraph, clause or phrase of any prior Village 

Ordinance, Resolution, or municipal Code provision, then in that event the provisions of 


SECTION 4. The provisions of this Ordinance shall become effective immediately 

upon adoption. 

PASSED this _____day of ____________, 2012, on first reading. 

PASSED AND ADOPTED this _____ day of ____________, 2012, on second and final 

reading. 

VILLAGE OF WELLINGTON, FLORIDA 

156 

FOR 

AGAINST 

157 

158 

159 

160 

161 

162 

163 

164 

165 

166 

167 

BY: __________________________ ________ __________ 


__________________________ ________ __________ 


__________________________ ________ __________ 


__________________________ ________ __________ 


__________________________ ________ __________ 


168 

169 

170 

171 

172 

173 

174 

175 

176 

177 

ATTEST: 

BY:____________________________________ 

Awilda Rodriquez, Wellington Clerk 



BY:____________________________________ 

Jeffery S. Kurtz, Esq., Attorney for Wellington



8. A 



AGENDA ITEM NAME: ORDINANCE NO. 2012-015 (MEDIAN SOLICITATION) 

AN ORDINANCE OF WELLINGTON, FLORIDA'S COUNCIL AMENDING CHAPTER 54 

"STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" BY ADOPTING ARTICLE V "MEDIANS" 

SECTION 54-100 "STOPPING AND STANDING ON MEDIANS" REGULATING STANDING AND 

STOPPING ON MEDIANS; CREATING EXCEPTIONS; AND PROVIDING FOR PENALTIES; 

PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR 

SEVERABILITY AND INTERPRETATION; PROVIDING FOR AUTHORITY TO CODIFY; AND 






FIRST READING 


REQUEST: Consideration and approval following first reading of Ordinance 2012-015 with direction 

to schedule second reading and public hearing for July 10, 2012. 

EXPLANATION: This ordinance will prohibit all standing or stopping within the medians of 

roadways other than for the purpose of crossing the street. As a result, no solicitation/advertising 

aimed at drivers will be allowed to occur within a median. 




RECOMMENDATION: Consideration and approval following first reading of Ordinance 2012-015 

with direction to schedule second reading and public hearing for July 10, 2012.


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

ORDINANCE NO. 2012-015 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL 

AMENDING CHAPTER 54 “STREETS, SIDEWALKS AND 

OTHER PUBLIC PLACES” BY ADOPTING ARTICLE V 

“MEDIANS” SECTION 54-100 “STOPPING AND STANDING 

ON MEDIANS” REGULATING STANDING AND STOPPING 

ON MEDIANS; CREATING EXCEPTIONS; AND PROVIDING 

FOR PENALTIES; PROVIDING FOR THE REPEAL OF 

ORDIANCES IN CONFLICT HEREWITH; PROVIDING FOR 

SEVERABILITY AND INTERPRETATION; PROVIDING FOR 

AUTHORITY TO CODIFY; AND PROVIDING AN 


WHEREAS, the Wellington Council, as the governing body of Wellington, Florida, 

pursuant to the authority in Chapter 166, Florida Statutes, is authorized and empowered 

to consider changes to its Code of Ordinances; and 

WHEREAS, stopping and standing on medians creates a serious safety threat to 

pedestrians and motorists by causing a distraction to motorists; and 

WHEREAS, Wellington has a significant interest in protecting the health, safety 

and welfare of those traveling upon the roadways or rights-of-way within the municipal 

boundaries of Wellington; and 

WHEREAS, Wellington recognizes its interest in preventing interferences with 

the orderly flow of motor vehicle traffic along its streets, roadways, highways and other 

public rights-of-way where motor vehicles travel; and 

WHEREAS, Wellington wishes to regulate pedestrian entry onto its medians in 

such a way as to narrowly tailor the regulation so as to serve its significant 

governmental objectives of the orderly flow of traffic and the safety of persons traveling 

along the streets, roadways, highways, and other public rights-of-way within Wellington, 

Florida, and to ensure that there exist alternate channels of communication; and 

WHEREAS, Wellington finds that the least restrictive way to protect the safety of 

the persons traveling on and along the public streets, as described above, is to prohibit 

all pedestrians from stopping and standing on medians except pedestrians who are 

crossing the street in accordance with applicable traffic and safety laws, regulations and 

ordinances; and 

WHEREAS, Wellington finds that it is in the public interest to address these 

safety and traffic flow concerns through amendments to its Code of Ordinances.


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

NOW, THEREFORE, BE IT RESOLVED BY WELLINGTON, FLORIDA’S 

COUNCIL that: 

SECTION 1. The above recitals are true and correct and by this reference are 

incorporated herein and made an integral part thereof. 

SECTION 2. The Code of Ordinances of Wellington, Florida is hereby amended 

by enacting Chapter 54 “Streets, Sidewalks and Other Public Places”, Article V 

“Medians”, Section 54-100 “Stopping and Standing on Medians” to read as follows: 

Sec. 54-100. STOPPING AND STANDING ON MEDIANS. 

(a) Findings. The purpose of this section is to regulate standing or stopping upon 

medians in a manner that is narrowly tailored to serve the Village’s significant 

interests in vehicular and pedestrian safety and the free flow of traffic. This 

section is intended to apply even handedly to all persons who desire to stand 

or stop upon medians, regardless of their message, if any. This section is 

also intended to leave open ample alternative channels of communication to 

engage in First Amendment protected activity. For example, this section does 

not prohibit a person from engaging in First Amendment protected activity on 

a public sidewalk not in a median. However, nothing contained in this section 

shall be construed to permit activities that are otherwise prohibited by 

applicable laws, regulations or ordinances. 

(b) Definition. For purposes of this section, the term “median” means any paved 

or unpaved area that separates vehicular traffic in this section. 

(c) Prohibition. It shall be unlawful for any person to stand or stop upon any 

median, except as otherwise provided in this section. 

(d) Exceptions. The prohibitions contained in this section shall not apply to the 

following: 

(1) Persons standing or stopping upon medians for the purpose of 

crossing the street in accordance with applicable traffic and safety 

laws, regulations and ordinances. Such persons standing or stopping 

upon medians shall cross the street as soon as possible in accordance 

with applicable traffic and safety laws, regulations and ordinances and 

shall not stand or stop upon the median any longer than necessary to 

legally cross the street. 

(2) Persons standing or stopping upon medians for the purpose of 

conducting government authorized construction, maintenance or 

similar activities or for law enforcement purposes. 

2


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

(e) Violations; penalties. Any person violating a provision of Section 54-100 may 

be issued a notice to appear by a law enforcement officer and punished by a 

fine not to exceed five hundred dollars ($500.00) or by imprisonment in the 

county jail for a term not to exceed sixty (60) days. 


Ordinance conflict with any section, paragraph, clause or phrase of any prior Wellington 

Ordinance, Resolution or Municipal Code provision, then in that event the provisions of 




shall not affect the validity of this Ordinance as a whole or any portion or part thereof, 

other than the part so declared to be invalid. 

SECTION 5. Specific authority is hereby granted to codify this Ordinance. 

SECTION 6. This Ordinance shall become effective immediately upon adoption 

of the Village Council of the Village of Wellington following second reading. 

PASSED this 26 th day of June, 2012. 

PASSED AND ADOPTED this _______ day of ______________________, 

2012 on second and final reading 

WELLINGTON 

FOR 

AGAINST 

By:_______________________________ ___________ __________ 


_______________________________ ___________ __________ 


_______________________________ ___________ __________ 


______________________________ ___________ __________ 


______________________________ ___________ __________ 


3


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

ATTEST: 

By: ____________________________ 


APPROVED AS TO FORM 

AND LEGAL SUFFICIENCY 

By:_____________________________ 

Jeffrey S. Kurtz, Attorney for Wellington 

WELLINGTON 

4


8. B 



AGENDA ITEM NAME: AGREEMENT FOR LEGAL SERVICES WITH TEW CARDENAS LLP FOR 

THE REVIEW OF STATUS OF DEVELOPMENT APPLICATIONS AND TO ADVISE COUNCIL 

WITH RESPECT TO AVAILABLE OPTIONS RELATIVE TO PROJECTS 





FIRST READING 


REQUEST: Authority to execute a retainer agreement with Tew Cardenas LLP for representation 

related to Equestrian Village, Wellington Country Place PUD and development issues and 

authorization of initial funding in the amount of $250,000.00. 

EXPLANATION: Council has asked for an independent analysis of the applications and processes 

by which approvals were granted to Equestrian Village and amendments were made to the Country 

Place PUD master plan. Claudio Reidi of the law firm Tew Cardenas LLP is proposed to provide 

those services as requested by Council. 

There are other resources that will have to be dedicated to this and other litigation. Preliminary 

staffing will call for a senior planning manager, a mid-level professional and administrative support 

to be assigned to a litigation unit. That unit will report directly to the Deputy Village Manager. 

Expenditures will be tracked weekly and reported to Council monthly. All purchasing policies and 

procedures will be strictly followed. While no budgetary impacts are expected in the current fiscal 

year, litigation of this type can be both protracted and costly. 


FISCAL IMPACT: Litigation expenses cannot be predicted with certainty. At this time we are 

recommending that funding be initially established at $ 250,000.00. Funds are available in the rate 

stabilization account so no projects will be impacted and this will not require an adjustment to the 

proposed millage rate for FY13.



RECOMMENDATION: Authority to execute a retainer agreement with Tew Cardenas LLP for 

representation related to Equestrian Village, Wellington Country Place PUD and development 

issues and authorization of initial funding in the amount of $250,000.00.

Council Meeting Agen.. - Wellington

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?