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HomeMy WebLinkAboutMinutes_Regular_04/14/2005MINUTES i VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, APRIL 14, 2005 I. CALL TO ORDER AND ROLL CALL -The meeting was called to order by Mayor Jim Humpage at 7:02 P.M. A roll call was taken by Gwen Carlisle, Village Clerk. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council Member Edward D. Resnik, Council Member Geraldine A. Genco, and Council Member Tom Paterno. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott Hawkins, Village Clerk Gwen Carlisle, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Paul Beresford thanked everyone for their kind words and prayers in the passing of his mother. He mentioned this afternoon Police Chief Steve Allison was rushed to the hospital, and asked that we keep him in our prayers. He gave the invocation. Council Member Paterno led the pledge of allegiance to the flag. III. PRESENTATIONS • 1. Annual Update by Mr. Lee Weberman, Martin County Commission Chairman, Commission District 3 Mr. Weberman thanked Council for inviting him to attend the Meeting. He indicated it has been a year since he was before Council, but noted that Council and Martin County Commission has always had a great relationship, and will continue to have this relationship. He reviewed the joint projects, by the Village and Martin County: ^ Tropic Vista Water Project -Essentially complete, waiting on Bacterial Tests (BT), and a couple of other tests before the start to supply the water. ^ Cove Point Terrace Water Project -Design and Permitting done, and getting ready to go out to bid. Western Corridor (Section 28) -Indicated the project was to be completed a couple of months ago, but because of the hurricanes it was still about two months before opening. He felt once the project was complete, it may get Martin County traffic off Tequesta roads. Tequesta Park - He mentioned when he first was elected to the Commission, he met with then Mayor Genco regarding Martin County contributing to the cost of operating Tequesta Park. He asked Council to consider if the two Park Staff's could show that Martin County would get some kind of benefit in level of service to the Park (usage), and some type of benefit to its residents, and the Comp Plan, Minutes -Village Council Regular Meeting 04/14/05 Page 2 he felt the Village may want to consider bringing that forward to the Commission, so the County could consider in helping to contribute with the Park maintenance. Turtle Creek Landscaping - He mentioned he has been asked to consider by some of the Turtle Creek residents if Martin County could assist in landscaping their entrance. He explained he was considering helping with the landscaping, because the traffic even though it goes through Tequesta to get to Turtle Creek, it would be a benefit to the Martin County residents. Council Member Resnik commented he has been interested in the traffic and traffic distribution, based on growth, in the Western area for the past ten years. He noted in 1996 when Section 28 was considered to be viable, and Martin County took it to court and cut down the 800 homes to about '/4 of that in the acreage, the threat became much less, but still involved a four year process of how to distribute the traffic, and get it off, as much as possible, off the community streets. He pointed out the area that he was referring to was Country Club Drive in Tequesta, and Little Club in Martin County, and the two arteries going to U.S. One. He stressed Section 28 will soon start to grow. He asked whether there was any concurrent plan for Martin County for road modifications and to the traffic flow to compensate an increase in the housing, and housing developments along the west. He stressed previously there were none. He indicated the Village at that time had proposed a consideration be given to extending County Line Road to the • end of Country Club Drive in Martin County to provide a third access route, going east, to U.S. One. He mentioned that did not pass at the time. He pointed out a traffic study done in 2003, by the Town of Jupiter specifically indicated at the juncture of Island Way and the Western Corridor, and the juncture of Loxahatchee River Road and Island Way, the combination of the two would produce an increase in traffic flow to 700 trips per day to be distributed somewhere through Martin County, either down Country Club Drive or in Little Club, or to the residents out west. He stressed that would be a very healthy increase. He asked whether the Commission would consider the possibility of looking at the growth in the Western Corridor vs. an alternate route toward U.S. One. He indicated instead of imposing the traffic on Country Club Drive and Little Club. Mr. Weberman felt that was concerning the Girl Scout camp road, which was the alternate road through Little Club. He noted he did not believe there would ever be consensus in Martin County, because the Little Club homeowners, and the Little Club Condominium owners will not agree. He noted the road would also go through Jonathan Dickinson State Park, and there could be extreme environmental issues. He felt the Little Club connector road would never happen, because they cannot reach a consensus. He indicated there was no doubt that what Jupiter was planning on the Western Corridor would produce more traffic in Jupiter and Indiantown Road. He questioned why would traffic flow towards Martin County, • when there was no gas stations, no shopping, etc. He suggested once they found out it was not a short cut to Martin County, would not use it. He suggested those 2 Minutes -Village Council Regular Meeting 04/14/05 Page 3 . going to Stuart should be encouraged to use Indiantown Road and U.S. One. He pointed out south county was very much landlocked, and no one wanted to build new bridges, or extend County Line Road to Tequesta. He stated Martin County would watch to see what was going on out there, and if needed the Commission will take action to remedy the situation. He noted he believed there would be more traffic going south from Martin County, then heading north to Martin County. Vice Mayor Watkins questioned whether the disagreement was still going on at this time. Mr. Weberman explained he conducts two or three town meetings every year in south county, and that they are still at contention with each one another, and probably would never come to a consensus. He felt it was a no win situation. Council Member Paterno noted the Town of Jupiter was trying to make an exit off I-95 directly onto the Western Corridor to serve Section 29 and Martin County. He felt that traffic would be pushed toward Tequesta, and suggested without opening another road the residents of Country Club Drive will be overburdened with traffic, as is the case with the Martin County traffic using Tequesta roads going into Turtle Creek. He suggested the Commission consider a second access point into Martin County for the Turtle Creek residents to relieve the traffic off Country Club Drive. He felt instead of landscaping the entrance, put money into a gate in Martin County. Mr. Weberman commented he did not feel Martin County would be a true destination on the Western Corridor to south Martin County. He noted if Council had a solution for relief for the Turtle Creek residents the • Commission may consider. Council Member Paterno suggested opening a gate on Island Way. He noted a study was completed two weeks ago and Turtle Creek constituents put 45% of the traffic on to Country Club Drive. Mr. Weberman noted concept sounds good at these meetings, but when it comes to the practical matter if a gated community was approached to open their gate, it usually does not happen very quickly. He noted everything should be looked at, and he did not want to close any options. Council Member Genco thanked Commissioner Weberman, and noted she hoped Council would direct the Parks and Recreation Staff to study how many Martin County people used Tequesta Park. She mentioned she would like the Village to take him up on the offer regarding Martin County residents use. She felt if the Commission was interested in landscaping the entrance to Turtle Creek, and since the Village owns a majority of the easement in front of Turtle Creek, she would really like to see some type of roundabout, which would also slow down traffic. She noted the Village would greatly appreciate any assistance in that aspect. Mr. Weberman noted Martin County money could only be used for Martin County projects, and the roadway was in Tequesta. He noted he was not opposed to opening up more doors, and if there was a consensus of the Tequesta Council, they could approach Martin County as a joint project. Council Member Genco felt there were more creative ways to approach the budget, and since it was the only access for those Martin County residents, she questioned whether the Commission • 3 Minutes -Village Council Regular Meeting 04/14/05 Page 4 • would consider looking at the matter. Mr. Weberman mentioned the Commission was always open to new possibilities. Mr. Weberman mentioned he was very serious about the water supply. He suggested if the Village could find other Martin County neighborhoods that wanted the water and sewer it would only benefit the Loxahatchee River, and the residents. 2. Village of Tequesta Comprehensive Annual Financial Report (Fiscal Year ending September 30, 2004) Mr. Jerry Chiocca, CPA, Village Auditor with Rachlin Cohen & Holtz, presented to Council the Village's Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2004. He noted the financial report was divided into four sections: 1) Introduction; 2) Auditors Report; 3) Statistical Section; and 4) Compliance Section. He reviewed the Introductory Letter, noting the audit was conducted in accordance with the accounting principles generally accepted in the United States established by the Governmental Accounting Standards Board. He presented the Report of Independent Certified Public Accountants, and explained the Management's Discussion and Analysis (MD&A) was a new requirement as of last year, which explains in layman's terms of what the financial information is about. He commented its use is to be more closely aligned with private companies of the SEC, and other commercial enterprises. He reviewed Page 16, Statement of i Net Assets, mentioning the total assets of the Village were approximately $37.2 million dollars; total liabilities of $15.5 million dollars; and net assets of $21.7 million dollars. He explained out of the $21 million, $10.5 million is a Capital Asset. He noted in the unrestricted the Village has $10 million dollars, of which $5 million is in the governmental activities, and $6 million is in the business type activities. He noted the Village was in a very sound financial position as of September 30, 2004, with the amount of unrestricted monies. He explained there was about $5 million dollars in unreserved fund balance, and $2 million was set aside for the new Village Hall. He commented he did not know of any city that was building their City Hall with cash. He noted the remaining $3 million dollars was about 33% of the Village's expenditures for the next year. He stated the Village exceeds what they believe to be a normal level, but certainly not excessive in his opinion. Mr. Chiocca reviewed Page 17, Statement of Activities, in which he indicated was a new format under the Governmental Accounting Standards Board; and page 22, Statement of Revenues, Expenses and Changes in Net Assets Proprietary Funds, the Water, Community Development and other Funds, noting the total operating revenues were $4.8 million dollars, and expenses were $4.5 million, showing an operating income at $314,000.00, indicated when it is reduced by other operating expenses, primary interest, transfers, etc., ending in a Change in net assets of $105,000.00. He stated the Village has positive cash flows from the Utility operations for the year. He reviewed Page 25, Statement of Changes in Fiduciary 4 Minutes -Village Council Regular Meeting 04/14/05 Page 5 Net Assets Fiduciary Funds for the Pension Trust Funds, noting the ending net assets for all pension funds was $2.8 million. Mr. Chiocca reviewed Page 57, Required Supplementary Information Budgetary Comparison Schedule General Fund, noting the dash on the bottom of the first two columns on the page indicate this is a balanced budget, which is required for State purposes. He indicated overall there was a positive variance in the fund balance of $554,000.00, which he pointed out was very commendable on the part of Council, and Staff. He reviewed the Compliance Section on Page 87. He noted in Paragraph 2, there were no matters involving the internal control over financial reporting for the Village and its operation that needed to be brought to Council's attention, or no material weaknesses or reportable conditions. He noted as to compliance, their test disclosed no instances of non-compliance that needed to be brought to Council's attention. He commented the final report on Page 89, was the Management Letter. He pointed out there was one typographic error under number 1, the sentence should stop after "internal controls have been implemented". He indicated the Village was in compliance with Section 218.4154 Florida Statutes regarding the investment of public funds, and that there were no recommendations to improve the Village's present financial management, accounting procedures and internal controls, and that during their audit there was nothing that came to their attention that said the Village was in violation of any laws, or regulations, or any illegal or improper expenditures, or had any other inaccuracies, or shortages. He stated the Village was not in any state of emergency as defined by F.S. He indicated in other tests there were no findings that identified deteriorating financial conditions. He stated the Village was in a strong healthy financial position. Vice Mayor Watkins mentioned for the public the Village Council, Village Manager and Staff had worked very hard with the tax dollars. She commended Ms. Forsythe, Village Finance Director, her Staff, the Village Manager, and all other Administration seeing that the Village is holding the line, and that Council Members were very mindful of what they are doing for the Village. She thanked the auditors, and everyone involved. Council Member Genco thanked Ms. Forsythe, and her Staff, and the new accounting system that was implemented this year, GABSY 34, which resulted in a lot of additional work for her and her Staff to change the accounting method. She stated for going through it the first time, and coming out with a perfect audit was extremely commendable. Council Member Resnik thanked the auditors and Ms. Forsythe and her Staff for all their hard work, and a great job. He indicated there were no minuses, and it was all position. Mayor Humpage thanked Mr. Chiocca, and Ms. Forsythe, noting after dark he stills Ms Forsythe working, and noted her time and efforts have not gone unnoticed. He indicated it was greatly appreciated and asked that she pass it along to her Staff. MOTION: Vice Mayor Watkins moved to accept the Comprehensive Annual Financial Report (CAFR); seconded by Council Member Resnik; motion passed 5-0. 5 Minutes -Village Council Regular Meeting 04/14/05 Page 6 • 2.1 Presentation and discussion/questions regarding Bond Refunding. (Action to be taken under New Business, Agenda Item 34, if needed). Mayor Humpage indicated this was for discussion, and Council did not need to take action, that this presentation was for the benefit of Council to see if they wanted to move forward or not. Ms. JoAnn Forsythe, Finance Director commented the Village's Bond Counsel, Mr. Mark Raymond, approached the Village and presented this option to review. She mentioned what this was, was the opportunity, if Council so chooses, to take advantage of refunding the Village's existing 1998 Water Revenue Bonds, and replacing it with another note. She noted the proposed note has an adjustable rate, but the Village would have an interest rate swap, that will result in the Village having a effectual fixed rate of 4.2%. She explained the advantages to the Village were: 1) if action was taken tonight, the Village could pull $310,000.00 out to use for another project that the Village could initiate; or 2) simply go ahead and reduce the annual debt service. She explained the interest rate swap, noting one negative was the Village could not pay back this loan early. She noted if the interest rates go above 4.2% (an arm of) Bank of America would pay the Village the difference to bring it down to 4.2%, but if the interest rates went below 4.2% the Village would pay Bank of America to reach the 4.2%. She noted the rate would always equal out to 4.2%. She suggested in the agreement the Village would include language, that if Bank of America • were to default on the interest rate swap, it automatically would result in the rate becoming a fixed rate at 4.2%. She noted Seacoast Utilities has a similar account, and they opened an account allowing Bank of America to put money in and take money out. She noted when the Village knows what the debt rate service and the 4.2% is, the Village will place the money into an account and each arm will take out and put in simultaneously. Mayor Humpage indicated it would consume some Staff time and Attorney time. He questioned whether Council was interested in moving forward with this at this time. Council Member Genco questioned what the overall yield would be to the Village. Ms. Forsythe commented the net present value at this time with the 4.2 % was $310,000.00 over 20 years. Mayor Humpage indicated about $15,000.00 a year basically. Ms. Forsythe noted Council may want to put certain perquisites out there saying that if the Village could make $300,000.00 move ahead with it, if not wait until it can. She stated Staff would need to come back with a Resolution for approval. Council Member Genco questioned if the interest rate was going to be calculated based on the monthly or daily criteria for the adjustable rate. Ms. Forsythe felt the Village would have the opportunity to make that decision. Mr. Mark Raymond, Bond Counsel, Moyle Flanigan Katz Raymond and Sheehan Attorneys noted he was the Village's Bond Counsel when the 6 Minutes -Village Council Regular Meeting 04/14/05 Page 7 • 1998 Water Revenue Bonds for $7.9 million dollars was issued to finance primarily the construction of the RO Treatment Plant. He indicated there was about $7 million dollars outstanding with those bonds today. He commented Bank of America was now offering an opportunity to refinance those bonds. He explained the $309,000.00, the way savings were traditionally measured for this type of transaction would be by telling your net present value. He noted the stream of savings is calculated and then it is converted into today's dollars. He mentioned the Village could keep their payments exactly the same, and walk away with a check for $310,000.00, or the Village could reduce its payments each year by an amount that has that same value to the Village. He indicated right now the gross savings was $479,000.00, a reduction of about $21,000.00 a year, but because that comes over a 23 year period, it is really on worth $310,000.00 right now. He indicated he has reviewed this transaction, and was very familiar with this, noting it is very common in the market place right now. He felt the only negative was the inability to refinance this loan, should interest rates go down. He noted the Village could pay it off, but it cannot be refinanced. He indicated the call period of time for the current note expires in 2008, and if the Village does nothing else, but sit on it, from 2008 to 2028 those bonds can be refinanced. He mentioned one of the most common standard is to compare the present value debt service savings to the principle amount of the debt that is being paid off. He indicated today a 3% savings was a well accepted target. He noted the . Village will save over 4% by refinancing. Council Member Genco asked what the adjustable rate was fixed to, or tied to. Mr. Raymond explained on a swap, the adjustable rate will be going out, with the same adjustable rate coming in, and then the Village will be left with the fixed rate. He noted the only thing that would be refinanced were the bonds that are not subject to the call protection, which expires in 2008. He noted what was being refinanced was about $6.8 million dollars of callable debt starting with the March 1, 2009 maturity, out through 2028. He pointed out the bonds that were maturing in 2006, 2007, and 2008 would stay on the books. He mentioned under current federal tax laws it is required to call the callable bonds on the first call date, which produces net present value debt service, in almost all situations. He indicated that the first call date was March 1, 2008. Council Member Genco questioned if there were other call dates to call in the entire outstanding bond issue early. Mr. Raymond explained the Village could not call in the 2008, but on March 1 2008 the entire bond issue will be called in for the 2009-2028 bonds. He indicated this would be an optional redemption and any, or all can be called in whenever, after March 1, 2008. Council Member Paterno asked whether the pay off was for the present bonds or the new loan. Mr. Raymond explained an escrow account will be set up to pay out the remaining bonds, until they were paid off in full. He noted the current loan could be paid off at anytime, but there are certain 7 Minutes -Village Council Regular Meeting 04/14/05 Page 8 • consequences associated with that. He mentioned if interest rates have gone up and it is paid off, the Village would receive a payment, but if interest rates have gone down, the Village will not realize a savings as a result of that the Village would have to make a payment. Council Member Paterno questioned what was the benefit to the Bank. Mr. Raymond noted the Bank is in the business to loan money, and it was out looking for business opportunities. Council Member Resnik asked if the interest rate was less than what the Village was currently paying. Mr. Raymond responded yes. Council Member Resnik questioned the risk to the Village. Mr. Raymond noted the realistic risk is that the Village would have lost an opportunity to refinance at some future date should interest rates go down. Vice Mayor Watkins questioned the mechanism to recapture the cost savings of $310,000. from the start of the loan. She questioned whether there would be some sort of reporting to the Finance Department with the Bank of America account. Ms. Forsythe noted it would be the Village bank account, and they would allow Bank of America to pay in and out. Vice Mayor Watkins asked the Village Manager if he was comfortable with this transaction, and if this was a reasonable thing to do. Village Manager Couzzo responded in the affirmative. He asked Council to consider if this was a good time in the market, or if they wanted to wait six months. He suggested if Council wanted to move forward, they could set a net value they would like to achieve. He noted if Council wanted • $300,000.00 as a minimum to move forward, Staff will try and achieve that and bring it back to Council at a Special Council Meeting along with a Resolution, and more information to make a final decision. Council Member Paterno pointed out the agreement the Village has with the Town of Jupiter will be ending in approximately two years. He mentioned that will save the Village approximately $750,000.00 per year. He asked in the future would the Village have extra money to pay down these bonds if Council decided to go that route, rather than getting into this now, the Village would get a bigger savings to pay off these bonds. Village Manager Couzzo indicated the Village will not realize the whole savings of $750,000.00, because the water will need to be made up on Tequesta's end. Council Member Genco felt it was approximately $350,000.00 in savings. Village Manager Couzzo suggested about $420,000.00 per year savings. He noted Council would have those opportunities in the future to pay off the debt. He mentioned Staff would be bringing the 10 year Financial Forecast Report for the Utility to Council in the next month. He felt the new report was going to be much more optimistic than the past report. He indicated the loan could be paid off, but it would not be able to be refinanced. Council Member Paterno felt there may be more options in the future for paying off bonds, if the Utility money was available. Village Manager Couzzo noted Council should see if the next few years the Capital Projects costs going down in the Village. Council Member Genco noted the first call date was 2008, 8 Minutes -Village Council Regular Meeting 04/14/05 Page 9 • and between now and 2008 the Village will be separating from Jupiter's water. She mentioned when this was looked at in the past the cost of operation and distribution was approximately $400,000.00, but the net profit would be about $300,000.00. She suggested taking the net profit of $300,000.00 and pay off the notes that were due in 2008. She felt it may put the Village in a better position, but she explained she was not certain. She suggested asking the Finance Director to run some numbers, and if someone could provide Council with a copy of the proposed contract for review. Mr. Raymond noted there would be fees, but all the fees would be netted out of the present value savings. Mayor Humpage mentioned Council did not need to make a decision tonight, but wanted to see if Council wanted to invest Staff time to see if the Village should move forward. Village Manager Couzzo indicated Council could direct Staff to continue to proceed with Mr. Raymond, Bank of America, and Finance personnel to bring this all together and bring to Council at the optimal time to maximize the opportunity. Council Member Genco commented that was part of the criteria, noting that this may be a good deal, but suggested the Village review their cash flow and savings, and maybe it would be better off for the Village to do the pre- refunding of the entire bond issue by escrowing the money that the Utility was saving from the situation in Jupiter. Mayor Humpage agreed that was a possibility. Village Manager Couzzo agreed there could be an annual savings of more than $300,000.00. He noted he wanted to bring them the opportunity for their review to see if they would be interested. Council Member Genco felt additional information was needed. Mayor Humpage agreed. Mayor Humpage asked if the net gain of the refinancing, would it be restricted for use of the Utility only. Mr. Raymond noted the upfront savings of $310,000.00 would not be restricted to the Utility System, but it would be restricted to Capital Expenditure for a governmental purpose. He indicated it would need to be identified to some degree in advance to make sure it qualifies for tax financing. Mr. Raymond noted Council should be very serious about moving forward, since this will take hours on his part, and will involve Staff and Attorney time to put this together. Mayor Humpage questioned what type of cost was the Village looking at for the preparation of this issue. Mr. Raymond noted he does not get paid, or Bank of America does not get paid if Council rejects the offer. Attorney Hawkins indicated he did not know the cost for his services. Mr. Raymond mentioned if the transaction was completed his fee was around $15,000.00 - $20,000.00. Village Manager Couzzo suggested the Village was very close to having the 10- • year Financial Forecast completed, and that it might answer some of the questions Council has. He commented this would be able to more 9 Minutes -Village Council Regular Meeting 04/14/05 Page 10 • accurately predict the situations, and whether there was a benefit to it. Mr. Raymond suggested he would contact Mr. Ori with the permission of Council. Village Manager Couzzo felt it was important to have Mr. Ori review the proposal. Attorney Hawkins noted if Council was interested in pursuing, they should give very clear direction. Mr. Raymond explained Seacoast Utility was recently in a similar situation, and they moved very quickly to secure the transaction. Council Member Genco indicated there was nothing wrong with the proposal, but there were alternatives that have not been considered. She noted Tequesta does not owe anything, and the Council likes keeping it that way. Village Manager Couzzo suggested bringing Mr. Ori and Mr. Raymond in together at the time of the Resolution goes before Council. Council Member Genco indicated the Village would be switching their bond issue for a note, so the Village still has the debt. She agreed that the Council should look at Mr. Ori's report, and take the time to review. She noted she could not commit to this tonight. Mr. Raymond indicated he did have concerns with having the extra money sitting around and not being able to use it. He noted he would like to speak with Mr. Ori first to understand the situation. Council Member Genco suggested Staff prepare a Resolution, however Council would not give an approval to move forward, until more information was provided. • Village Manager Couzzo explained that Mr. Ori was the rate consultant for the Village, noting he also worked on the 1998 bonds with Mr. Raymond. Vice Mayor Watkins asked if there was a level of comfort that after talking to Mr. Ori what he tells Council makes this still look favorable, can the Council at least give Mr. Raymond that much direction. Council Genco noted that a Special Meeting will be scheduled. Mayor Humpage indicated he would not have a problem with pulling a Special Meeting together, once Mr. Raymond had talked with Mr. Ori, and everyone felt this was a favorable thing to do. He indicated Council needed all the facts. Mr. Raymond summarized his direction: He was to call Mr. Ori tomorrow and discuss with him, then come back to the Manager, and he will get with Council to see if they would like to schedule a meeting. Council Member Genco asked that the Finance Director be incorporated into the situation. Village Manager Couzzo noted some of this would be based on the assumption that the Village may not renew the agreement with Jupiter. Mr. Raymond introduced Mr. Scott Harris, Bank of America. Mr. Harris noted one thing he kept on hearing was if the interest rates keet falling that the Village would have to make a payment. He commented if possibly in the future the rates were higher then the rate that was locked in, the Village could terminate the swap contract and receive a payment from Bank of America, and pay down the floating rate note as well. He indicated there would be that flexibility in • the contract. Village Manager Couzzo thanked Ms. Forsythe on all her hard work to pull this very complex concept together. 10 Minutes -Village Council Regular Meeting 04/14/05 Page 11 IV. APPROVAL OF AGENDA To speak before Council, all citizens are requested to submit their Comment Cards to the Village Clerk at this time for any agenda or non-agenda items. Comment Cards should include name, address, phone number, agenda item number and brief summary of topic to be discussed. Comment cards are available from the Village Clerk. MOTION: Vice Mayor Watkins moved to approve discussion of the agenda; seconded by Council Member Genco. Council Member Paterno asked that the agenda be reordered to move Item 35, Consideration for additional assistance for the Code Enforcement Officer, before Development Matters, Item 22, Atlantis Project, because there were citizens in the audience that was interested and he did not want them to wait until midnight to hear the discussion. Council Member Genco noted she was going to ask to postpone Item 35 until the next meeting when Police Chief Allison could be present. Council Member Paterno noted the Village Manager was going to report on the item for the Chief. Consensus of Council agreed to reorder Item 35, before Item 22. Council Member Paterno removed Items 11, 12, 15, 18 and 21 from the Consent Agenda. . Council Member Genco removed Items 7 and 8 from the Consent Agenda. Vice Mayor Watkins indicated she would have an item for Communications from Council Mayor Humpage asked that Item 21, Agreement regarding the Ground Lease with Global be deleted from the agenda; and Item 33, Discussion of Draft Council Policies and Procedures be postponed to the next Regular Council Meeting until the meeting minutes could be transcribed. Consensus of Council agreed to delete Item 21 and postpone Item 33 until the next Regular Council meeting. Mayor Humpage asked that under Any Other Matters he would like to talk about the new gate installed at Tequesta Drive and Country Club Drive; and the legal fees regarding JMZ, and the previously litigation the Village was involved in. Mayor Humpage noted Item 34, regarding the Bond Refunding would be deleted since Council had discussed this under Item 2.1 where they asked that additional information be provided to Council. Consensus of Council agreed. MOTION: Vice Mayor Watkins moved for Approval of the Agenda, as amended; seconded by Council Member Resnik; motion passed S-0. V. UNFINISHED BUSINESS 3. Update on Site Plan for the landscaping of Tequesta Drive and Old Dixie Highway Improvements approved at the March 10, 2005 Village Council 11 Minutes -Village Council Regular Meeting 04/14/05 Page 12 • Meeting, and Preliminary Design of the Linear Park along Old Dixie Highway. Mr. Gary Preston, Public Works Director noted the update shows the proposed changes from the last meeting, and amended budget. He indicated the amended budget shows the financial changes made by Palm Beach County (PBC), and the new request from Florida East Coast (FEC) Railroad on landscaping changes they would like to see in this project. Assistant Manager Robert Garlo presented the revised budget. He noted the original budgeted amount was $400,000.00, and Council's direction at the last meeting was to proceed with the landscaping improvements to the intersection at a cost of $200,000.00. He indicated the cost of the walls and mast arm signals were moved to a later date, possibly Phase II of the project. He noted the remaining $200,000.00 was set aside for a linear park/pathway to north along Old Dixie Highway. He commented shortly after the last Council meeting there was correspondence with Commissioner Marcus's Office to update them on the direction Council had taken. He mentioned the reply he got back from Commissioner Marcus was that she would still like the Village to be able to accomplish everything within the project. He indicated if the Village would revisit the original proposal that included the mast arms (traffic signals), the landscaping, and the $135,000.00 cost for the path, the County would be • willing to fund the additional $135,000.00. He noted that means Commissioner Marcus has now offered a total of $335, 000.00 toward the project. He mentioned the original $400,000.00 would cover the cost of the landscaping to the intersection, the cost of the signals, and the additional $135,000.00 to cover the cost of the pathway, and $63,000.00 available in the form of a thoroughfare beautification grant which would fund any landscaping improvements along the path. He indicated the revised budget would total approximately $600.000.00. He noted if Council was interested in proceeding with the revised plan, he could relay that back to Commissioner Marcus, and at the next regular Council meeting bring back a revised Interlocal Agreement to receive the additional funding. Mayor Humpage questioned whether the Village was matching the original $200,000.00 that was offered by the County. Assistant Manager Garlo responded yes. He questioned whether the additional $135,000.00 would have to be matched by the Village. Mr. Garlo indicated Commissioner Marcus was willing to fund the entire cost of the path, at no additional cost to the Village. Council Member Genco noted one reason for not doing the mast arms now was because the Village would have to wait 12-18 months to start the landscaping on the rest of the corridor. Assistant Manager Garlo agreed it would take an additional 12- 16 months to engineer and install the signals. He commented the process for the mast arms could begin, but Council would have funding to begin immediately with the linear park. Mayor Humpage noted the support 12 Minutes -Village Council Regular Meeting 04/14/05 Page 13 mechanisms for the mast arms were probably relatively generic. He pointed out mast arms have been installed in various locations throughout the County, and if may behoove the Village to ask PBC Engineering, or whoever was doing this, if the infrastructure was known, the slab that the mast arms go on, that there was no reason that the slab could not be installed. He felt there must be a cross arm somewhere in PBC that would be similar to this one, that has some type of engineering already done. He commented that may help the Village expedite the project. Assistant Manager Garlo noted there were also some engineering benefits to doing the entire project in this revised sequence. Ms. Connie Roy-Fisher, Landscape Architect, Roy-Fisher Associates presented the proposed plan for the linear park. She indicated the area was approximately a mile long, and felt it would be a great asset for the community, and would be used by the residents. She noted it was an area that was not broken up by traffic, so it would be a great place to jog and ride bikes. She stressed the plan was to keep it naturalistic, so that it did not become a burden for the Village to maintain. She noted there would be four kiosks that would be treated specially, and would present the opportunity to use the landmark features, and more landscaping. She proposed using butterfly plants, and kiosks to break up the path, and small berms to separate the pathway from the roadway. She commented the • pathway was moved back, as suggested by Council, with the addition of sabal palms along the pathway to provide shade. She proposed a 25 foot wide buffer, and noted FEC would prefer that the Village not plant scrub oaks. She indicated there were variety of other native plants that could be used for the buffer. She noted FEC would allow a fence in that area, if Council wanted to consider that. Vice Mayor Watkins thanked Commissioner Marcus for the money and interest in the project, and noted she knew Commissioner Marcus really wanted the mast arms included. She agreed with Council Member Genco that she would hate to wait on the installation of the mast arms before any thing was started. She noted at least the path will get started that would show the residents something was being done. She commented she may not be understanding the purpose of the benches, and kiosks. Ms. Roy- Fisher explained the kiosks were trellised areas with a bench, and the pathway passes through it. She indicated it was something that she was requested to design a few years ago as a landmark feature that could be used throughout Tequesta. She mentioned a couple of concepts that have been passed around for this park over the years, was having some interpretive signage talking about the railway and history. She noted that concept could be developed over a number of years, and that there was a lot of grant money associated with a • passive park like this that could be applied for. She suggested the envirorunental side could also be explored. Vice Mayor Watkins 13 Minutes -Village Council Regular Meeting 04/14/05 Page 14 • mentioned Planning and Zoning Advisory Board Member Cook's concern regarding the children straying from the pathway and playing on the railroad tracks. She felt if the benches were placed there it may encourage the children to stand around, or play in the area. She indicated on the flip side there were many residents in the nearby developments that would use the walk area, and kiosks may not be a bad idea. Council Member Paterno noted he favored pavers, instead of the asphalt. He mentioned the Village saved money on the paver sidewalk in front of Blair House, and questioned whether using pavers could save any money. Ms. Roy-Fisher pointed out for amulti-use path with bikers, joggers, etc, asphalt was probably the best material to use, and a lot less maintenance. She stated pavers were approximately $3.50 - $3.75 a square foot, and asphalt was $10.00 a square yard. Village Manager Couzzo noted using asphalt was a 3 to 1 savings over pavers. Ms. Roy-Fisher suggested pavers could be placed in the kiosk areas. Village Manager Couzzo noted there was a turnaround at the end, near County Line Road, that could be make more attractive. Ms. Roy-Fisher noted the pathway would have an 8 foot width. Council Member Genco felt the original design for the landscaping had a lot more vegetation, then the proposed plan. She questioned what else would be done, besides what was on the revised plan. Assistant Manager Garlo noted in order stay within $600,000.00 budget, he asked Ms. Roy- • Fisher to design a plan that would keep the project within budget. Council Member Genco indicated that more landscaping would be added in Phase II, along with the 25 foot buffer, the kiosks, and the butterfly plantings. Assistant Manager Garlo agreed. Vice Mayor Watkins if the proposal included the wall. Assistant Manager Garlo stated no. Council Member Resnik questioned what materials would be used for the 25 foot buffer to shield the children. Ms. Roy-Fisher noted the plantings would be placed three feet on center, 25 foot wide, planted with the intention it would grow into a dense 25 foot area of native plantings. Council Member Genco mentioned Board Member Cook asked that the native palmettos be retained in the area. Ms. Roy-Fisher indicated the palmettos would remain. Mayor Humpage felt the most expensive items were the four kiosks at $20,000.00 each. He noted the linear park was only a mile long, and that many kiosks may not be needed. He questioned whether the residents would need to rest that much, or if the proposal could be narrowed down to 2 kiosks. Village Manager Couzzo pointed out the kiosks were in Phase II. Ms. Roy-Fisher explained the purpose of this concept drawing was to get something on paper for Council feedback, and help in applying for grants, and so everyone can see ways to fund the project. Council Member Genco pointed out to complete the entire project as designed it would take another $200,000.00. Consensus of Council agreed to move forward with the revised proposal. Assistant Manager Garlo indicated he would pursue acquiring the Interlocal Agreement with the County for the additional • $135,000.00, and indicated to Commissioner Marcus the Village would be 14 Minutes -Village Council Regular Meeting 04/14/05 Page 15 • bringing the signals back into the project, and bring to Council at the next meeting by Resolution to fund the cost of engineering the signals. Village Manager Couzzo noted the engineering costs were approximately $15,000.00. He questioned whether the plant specifications were to go to bid for Phase I. Consensus of Council agreed. Council Member Resnik noted it was mentioned previously to look at engineering and installing the base of the mast arms. He questioned if the base was put in early, could the landscaping move forward around that area. Assistant Manager Garlo commented he would discuss the installation of the base for the mast arms with the engineering firm that would be designing the mast arms, to see if that would be a possibility. VI. CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Council Member Paterno removed Items 11, 12, 15, 18, and 21. Council Member Genco removed Items 7 and 8. MOTION: Council Member Resnik moved to approve the Consent Agenda, as amended; seconded by Vice Mayor Watkins; motion passed S-0. Therefore the following stems were approved on Consent Agenda. 4. Planning and Zoning Advisory Board Meeting Minutes January 26, 2005. 5. Planning and Zoning Advisory Board Meeting Minutes February 16, 2005. 6. Village Council Special Meeting Minutes March 28, 2005 9. Special Master Meeting Minutes January 27, 2005. 10. Special Master Meeting Minutes February 24, 2005 13. ITEM DELETED BY VILLAGE MANAGER 14 ITEM DELETED BY VILLAGE MANAGER 16. RESOLUTION 51-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO ALMEIDA INDUSTRIES, INC. OF FORT LAUDERDALE, FLORIDA IN THE AMOUNT OF $21,750.00 FOR THE REPAIR OF THE ROOF OF • BUILDING #4 AT THE TEQUESTA WATER TREATMENT PLANT 15 Minutes -Village Council Regular Meeting 04/14/05 Page 16 • AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. 17. Council appointment of a Special Master, on an as needed basis, for the Village of Tequesta. 19. Council consideration and ratification of the reappointment to the Planning and Zoning Advisory Board for Ms. Leslie Cook and Mr. Jeff Robbins for each member to serve a 3 year term. 20. Council consideration and ratification of the reappointment as the Stn Member to Public Safety Officer's Pension Board of Trustees for Mr. Edward Sabin to serve a 2 year term. END OF CONSENT AGENDA Mayor Humpage indicated at each meeting he would like the Attorney to read for the record the titles of the Resolutions approved on the Consent Agenda. ITEMS REMOVED FROM THE CONSENT AGENDA 7. Village Council Regular Meeting Minutes March 10, 2005. • Council Member Genco mentioned that Consent Agenda Items 4-10 were Meeting minutes, and that some the minutes were from January and February. She felt the Clerk was doing a great job, especially with the number of Special Meetings and Workshops. She suggested the Clerk could use some additional help with transcribing Minutes. She mentioned trying to remember what happened at the Meeting three months ago was very difficult. She asked Council to consider directing the Manager, when the Clerk cannot get them done, to get her help. She felt the Clerk deserves the help, and she should not be given the stress of having to get all these minutes done. She mentioned there were items on the agenda tonight, that it would have been nice to have the Planning and Zoning Advisory Board Minutes for. She noted Council was suppose to the have their recommendations before the items were considered. Mayor Humpage questioned if there was a reason to pull Item 7. Council Member Genco indicated she pulled this item to discuss this situation. She noted when she reviewed the March Meeting Minutes there was about eight items she was looking for a status on. She noted she still did not see the items on the agenda or the status on the items. Village Clerk Carlisle commented some Meeting Minutes were always going to be behind because they have to be approved by the respective Boards first. She noted for example the Pension Boards meet quarterly, and their minutes get approved quarterly, so Council would not see them for three or four months, and the January • 24, 2005 Council Workshop minutes were verbatim minutes. She agreed 16 Minutes -Village Council Regular Meeting 04/14/05 Page 17 • the Meeting Minutes were behind, and would be glad for any help. Council Member Genco indicated the Clerk has more work now, then any one has had, in the five years since she has been on Council. She felt the Clerk could use some help. Village Manager Couzzo explained early in the week he meet with Council Member Genco to review the matter, and he noted he concurred with her suggestions. He indicated he has spoke with the Clerk, and would look for opportunities to find a way to expedite the situation. Council Member Genco noted she was not going to bring up all her status items from March tonight. Council Member Resnik asked if the concept was if the minutes were expedited that Staff could then provide them in advance of the agenda. Council Member Genco suggested that could be done by email. Consensus of Council agreed they could be emailed as completed. MOTION: Council Member Genco moved to approve the Village Council Regular Meeting Minutes of March 10, 2005; seconded by Vice Mayor Watkins; motion passed S- 0. 8. Village Council Workshop Meeting Minutes, January 24, 2005. Council Member Genco indicated there were some typographic errors on Page 15, Last Paragraph, "Oxen Sirvane" should be "Sarbanne-Oxley"; . and Page 33, Last Paragraph, Line 9, 10 and 11 from the bottom of the page had duplication on the page, and asked that it be deleted. MOTION: Council Member Resnik moved to approve the Village Council Workshop Meeting Minutes of January 24, 2005; seconded by Vice Mayor Watkins; motion passed 5-0. Village Manager Couzzo noted if it was Council's desire, the minutes could be placed on legal form, with number lines. Council Member Genco noted Council does not have that many changes. Vice Mayor Watkins noted it would be more work. Mayor Humpage agreed. Consensus of Council agreed they did not want to add the additional work. 11. RESOLUTION 43-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROPRIATING $41,400.00 OF UNRESERVED FUND BALANCE IN GENERAL FUND #001, INCREASING THE 2004/2005 GENERAL FUND BUDGET, FIRE CONTROL, MACHINERY AND EQUIPMENT ACCOUNT # 001-192- 664.600 BY $32,900.00 AND INCREASING THE 2004/2005 GENERAL FUND BUDGET, FIRE CONTROL, BUILDING IMPROVEMENTS ACCOUNT #001-192-653.600 BY $8,500.00 AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE • VILLAGE. 17 Minutes -Village Council Regular Meeting 04/14/05 Page 18 . Attorney Hawkins read for the read the title of Resolution 43-04/05. MOTION: Council Member Genco moved to approve Resolution 43-04/05; seconded by Vice Mayor Watkins. Council Member Paterno indicated he supported the improvements, but asked Council to direct the Manager to look for some of the savings in the budget could be used to pay for some of the improvements, instead of having the entire amount appropriated. Village Manager Couzzo suggested a blend of funds, by using the savings with the department operational budget, in order to reduce the amount appropriated. Council Member Genco questioned whether the savings was from reallocating Staff. Village Manager Couzzo responded in the affirmative. Motion passed S-0. 12. RESOLUTION 44-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF WORK AUTHORIZATIONS IN THE AMOUNT OF $184,000.00 TO ARCADIS, REESE, MACON & ASSOCIATES FOR THE BUDGETED PROJECTS AS SHOWN IN THE ATTACHED EXHIBIT "A"" AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE • APPLICABLE WORK AUTHORIZATIONS ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 44-04/05. MOTION: Council Member Resnik moved to approve Resolution 44-04/05; seconded by Vice Mayor Watkins. Council Member Paterno asked for a presentation from Arcadis Reese Macon and Associates. Village Manager Couzzo introduced Mr. Bill Reese, and Mr. Tom Jenson. He noted additional information has been provided on the dais regarding this item. Council Member Paterno questioned the amount of the approval was being reduced from $184,000.00 to $163,000.00. Council Member Genco noted the General Engineering Services was being removed. Ms. JoAnn Forsythe, Finance Director indicated the last item, General Engineering Services was removed, because their was no specific projects that could be identified at the time. Council Member Genco noted the remaining items total $184,000.00. Mr. Bill Reese, Project Engineer, Arcadis Reese Macon and Associates indicated the correct cost was $184,000.00. Council Member Genco stressed when she realized the amount for General . Engineering Services had an open amount of $70,000.00; she was not 18 Minutes -Village Council Regular Meeting 04/14/05 Page 19 • comfortable with having the funds available without having a specified project. She indicated that $70,000.00 was being deleted from the Resolution. Village Manager Couzzo noted any project over $15,000.00 would need to come back to Council for approval. Council Member Genco agreed and felt it should not be included in the Resolution. She noted another thing she felt very strongly on was continuing to use the existing firms, without going out to bid. She explained the Village should get other bids, and it did not necessarily have to go through the Request for Proposal (RFP) process. She agreed the rates from Reese Macon were very competitive, but felt it should be compared on a project basis. Village Manager Couzzo noted Reese Macon fees were approximately 8%-10% of the construction costs. Mr. Reese mentioned it depends on the project. He noted on a very small project it could be higher than that, and on a reasonable size project it would be 5%-7% for design, and 4%-5% for services during construction. He mentioned there are studies that are done, the American Society of Civil Engineers which establishes the rates. He noted there are also some tables that show on a basis of percentage of construction what the normal fees are throughout the Country for projects. Council Member Genco suggested they could range 8%- 15%. Mr. Reese indicated they could go higher that, and some up them could go up to 20%. Council Member Genco explained the Village could have a project, and it could be designed • by Reese Macon, and without getting any other bids, Reese Macon ends up getting the contract. She felt the process should be a little more competitive, because she needs to be able to account to the residents, and be able to say this is fair, because the Village has checked somewhere else. Mr. Reese stated in the selection of certain types of professionals there is a process someone must go through to select a professional, and sometimes those projects are awarded on the basis of their qualifications, and then the prices are negotiated. Village Manager Couzzo pointed out the process Mr. Reese was speaking to was a State Statute, the Consultant Negotiating Act (CNA) which discusses a procedure for hiring consultants. Village Manager Couzzo agreed that on the some of the smaller projects the Village could go out in the market to more competitive pricing. Council Member Genco noted the items before Council tonight were smaller projects, in the $20,000.00 range. She indicated on the Consumptive Use Permit Renewal, she called a couple of people formally of the South Florida Water Management District (SFWMD) and asked what it would cost to renew the permit, and they quoted a price dramatically less then what the Village has been quoted. She noted that was a prime example, and suggested the Village could save the $15,000.00- $20,000.00 on the project. Mr. Reese explained his understanding of the process regarding the • Consumptive Use Permit Renewal. He noted the permit was going to be 19 Minutes -Village Council Regular Meeting 04/14/05 Page 20 for 20 years, not 10, and that the geographic area of Tequesta has always been different due to the saltwater intrusion concerns. He noted it was their job to try and bring in the project under budget, and that was why they did it on a lump sum cost basis instead of an hourly fee. He indicated he would agree if Council preferred the hourly rate. Council Member Genco agreed they had the qualifications, but noted in fairness to the residents that these were the type of things the Village should go out in the market. Mayor Humpage noted he is in a competitive business as an electrical contractor, and he bids against other people, and finds sometime his rate is a little higher, but feels the work is better. He cautioned Council that the Village does not go the other way and have someone bid, and they cannot perform the work because they were not equipped to handle the job. He pointed out Reese Macon has done an excellent job over the years. Council Member Resnik felt the parameters that are used to select a firm to do the work are based on history, qualifications, timeliness, and cost. He thanked them for their support to the Village over the past years. Council Member Paterno questioned the modeling cost. Mr. Reese indicated he did not know if the Village would actually incur any costs for modeling, and that was up the to SFWMD entirely. He indicated there were a lot of different hydro-geologic models that may be required. He noted the Village would not be asking for additional water out of the Aquifer, so he hoped they would not have to get into the modeling at all. • Council Member Paterno questioned what they were referring to regarding a part time person watching over the well drilling. Mr. Reese indicated the company would be there for the critical steps in drilling the well. He indicated he could provide that they consider the critical steps for Council if desired. He indicated the Village Manager has always asked if there was way Staff could be used to save costs on a project. He felt the deep well was not the place to use Staff, he felt there was risks in drilling the holes. Village Manager Couzzo noted for the public that the derrick for the well drilling was erected today at the site of the new Village Hall. He indicated the Village has secured over $600,000.00 in grants from the SFWMD for these types of projects. Assistant Village Manager Robert Garlo mentioned there would be a kick off ceremony on Monday, April 18, 2005 at 11:00 am. He noted the students from the Good Shepard School have gotten involved in a raffle to have one on the students stand on the platform to initiate the drilling. He noted the media would be involved and this would be good publicity for the Village. Village Manager Couzzo agreed with Council Member Genco that it is prudent to go the market occasionally and test it for comparative prices. He indicated Staff would do it more in these situations. Council Member Genco noted she would like the Village to do it for the Consumptive Use permit. Village Manager Couzzo agreed. • 20 Minutes -Village Council Regular Meeting 04/14/05 Page 21 • Council Member Genco felt it was needed so that there was a audit trail for these projects. MOTION: Council Member Genco moved to approve projects as outlined, and the budgeted amount as submitted, and Staff does the homework on the Consumptive Use Permit Renewal to have bids for the file, and if the competitive bid are better priced for the same service, then the Village moves forward with the competitive bid; seconded by Council Member Resnik. Council Member Genco indicated from now on the Village will have a policy as to how they are bidding. Motion passed 5-0. 15. RESOLUTION 53-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE 2004/2005 GENERAL FUND AND WATER FUND BUDGETS BY INCREASING REVENUES IN THE GENERAL FUND, INSURANCE REIMBURSEMENT ACCOUNT # 001-000-369.100 IN THE AMOUNT OF $55,355.62 AND IN THE WATER FUND, OTHER MISC REVENUE ACCOUNT # 401-000- 369.000 IN THE AMOUNT OF $38,189.39, AND INCREASING THE • FOLLOWING BUDGETED ACCOUNTS: IN THE GENERAL FUND, ACCOUNT # 001-230-546.303, BUILDING REPAIR AND MAINTENANCE IN THE AMOUNT OF $6,764.72 AND ACCOUNT # 001-230-546.306 GENERAL MAINTENANCE IN THE AMOUNT OF $48,590.90 AND 1N THE WATER FUND, ACCOUNT # 401-242- 546.303, BUILDING REPAIR AMD MAINTENANCE IN THE AMOUNT OF $35,527.10 AND ACCOUNT #401-242-546.342, WATER SYSTEM MAINTENANCE IN THE AMOUNT OF $2,662.29. Attorney Hawkins read for the record the title of Resolution 53-04/05. MOTION: Vice Mayor Watkins moved to approve Resolution 53-04/05; seconded by Council Member Resnik. Mayor Humpage indicated this was the reimbursement of insurance monies, noting the money was being split into two accounts. Council Member Paterno noted the next agenda item was for $21,000.00 for a roof repair to the Water Treatment Facility. He questioned if there would be anyway to cut the appropriation back and fund it within the operating budget. Ms. JoAnn Forsythe, Finance Director noted this reimbursement was for damage sustained during the hurricanes, and this was money they were giving us to make the repairs. She indicated the Village received $93,000.00 and the specified locations were where the money would be • used. Village Manager Couzzo felt the monies coming in and the monies 21 Minutes -Village Council Regular Meeting 04/14/05 Page 22 . budgeted would wash out. Council Member Paterno suggested there could be possibilities the same as with the Fire Department, of some savings that could be utilized, so the insurance money did not have to be spent. Ms. Forsythe noted this was money over and above what was budgeted that was paid for building repairs. Village Manager Couzzo noted the best way time to look for savings would be in May when the Finance Department will bring to Council the mid-year Budget Adjustments. Ms. Forsythe indicated the Finance Department has sent out to the departments the budget worksheets for mid-year adjustments. Village Manager Couzzo recommended Council make the appropriation for the insurance reimbursement. He noted he would take a look at the budget and use the funds accordingly. Mayor Humpage noted the money was being appropriated to two different funds, but indicated this did not mean that the Village had to spend it all. Council Member Genco explained the money would increase the revenues. Motion passed 5-0. 18. Council consideration and approval for the Parks and Recreation to offer a Movie in the Park on Saturday, April 23, 2005 from 7:00 P.M. - 10:00 P.M. at Constitution Park (399 Seabrook Road) MOTION: Council Member Resnik moved to approve the Movie in the Park; seconded by Vice Mayor Watkins. Council Member Paterno mentioned the community to the north of the Park had previously voiced concerns about nighttime activities in the Park. He questioned whether anyone had polled the neighborhood regarding this event. Mr. Greg Corbitt, Director of Parks and Recreation mentioned during the discussions regarding Constitution Park the residents concerns at the time were the lighting, and nighttime activities. He informed them at the time the Park would not be open at night, except on special occasions, once or twice a year, where there would be nighttime activities. He indicated this movie in the Park was a passive type of event. Council Member Paterno questioned whether the Village was supplying the food. Mr. Corbitt indicated there would be vendors selling their food. Council Member Paterno questioned who would set the charges for the food prices, and if Staff was aware of what they would be charging. Mr. Corbitt responded the vendors would basically set their own prices, noting he had met with them, and the prices were addressed. Council Member Paterno asked whether this would be the time to discuss resident and non-resident fees. Mayor Humpage indicated that discussion should be another time. Mr. Corbitt mentioned he had changed the date of the movie in the Park to May 7, instead of Apri123`d, due to conflict with the production company. Mayor Humpage suggested Staff touch base with the Tequesta Gardens • residents. 22 Minutes -Village Council Regular Meeting 04/14/05 Page 23 • Motion passed S-0. z~E6~Gi~-nFiprvvca~t6 e-Xcccr ° +L,o A..roo,Y,o,~,+ DoR~r.a;,~,.t rr..,,.,.a T o END OF ITEMS REMOVED FROM CONSENT AGENDA Mayor Humpage recessed the Meeting at 9: SO P.M. and reconvened the Meeting at 1 D: 00 P. M. VII. COMMUNICATIONS FROM CITIZENS Mayor Humpage read for the record the names of people who submitted Comment Cards regarding the erection of the fence on Country Club Drive, but did not wish to address Council: Ms. Linda Pearson, Yacht Club Place Ms. Roxanne Harvey, Yacht Club Place Mr. Bill Scoville, Yacht Club Place Mr. Bob Brett resident of Yacht Club Place submitted a petition (Letter of Support) to Council regarding their support of the Village Council in their action in erecting a fence near the South Gate of Tequesta Country Club. He noted the petition had over 50 signatures. He thanked Council for the fence. Mr. Dana Anderson resident of Yacht Club Place asked whether Council could place discussion of the fence/gate on the next Council Meeting agenda. Mayor Humpage noted the item would be brought up under Any Other Matters, later in the agenda this evening. Mr. Russell Von Frank resident of Dover Road and former Council Member commented he appreciated the Auditors comments regarding the Village's financial position. He thanked Ms. JoAnn Forsythe, Finance Director for finding $1 million dollars that was in anon-interest bearing account, and moving it into an interest bearing account for a savings of over $100,000.00 in the past year or so. He thanked the Village Manager and Staff for the all the savings, and especially Chief Weinand on the securing contracts that saved the Village over $1.8 million dollars a year, and the agreement with the other municipalities on the Bridge closing that will also save $100,000.00. He noted the amount of revenues that come in yearly on the communications tower leases, and the water service agreements. He noted the telephone calls he had received on the Atlantis project were mostly negative. Mr. William Beeche resident of Country Club Drive submitted a petition with 15 signatures to Council regarding the potentially dangerous situation to the 23 Minutes -Village Council Regular Meeting 04/14/05 Page 24 • homeowners along Country Club Drive due to the traffic exceeding the speed limit in front of their homes. He asked that the Village take measures to enforce the speed limit. He asked Council to restrict the access from Country Club Drive to the entrance of Turtle Creek, which lies within Martin County, and to consider reopening the old entrance to Turtle Creek to reduce the excessive and dangerous traffic on Country Club Drive. He mentioned he could get more signatures if needed from the people east of the Turtle Creek entrance on Country Club Drive. VIII. STANDING REPORTS VILLAGE ATTORNEY Attorney Hawkins mentioned the Johnson and the Siegel cases have been essentially resolved per Council direction. He indicated a new Siegel matter, Motion to Dismiss has been filed, and is pending. The foreclosure matter, the Motion to Substitute Parties is pending, and has not been addressed. He noted the Counsel for the bankrupt petitioner, Ms. Siegel has objected to the Village moving forward at this point. Attorney Hawkins indicated he has been in communications regularly with the Property Manager on the tenancy lease, Village of Tequesta Administrative Offices. He commented a report has been received this week, but he has not seen the document, and will be delivered to him tomorrow regarding the remediation that occurred in the administrative offices. Village Manager Couzzo indicated all three suites were addressed. He mentioned he and Attorney Hawkins spoke regarding the fees, and he has recommended that any and all fees incurred by his firm, in the pursuit of this matter, and if the Village incurs any cost to pass it along to the property owner. Consensus of Council agreed. VILLAGE MANAGER Village Manager Couzzo noted in regards to the petition for Turtle Creek that Staff was taking a look at different approaches to address the issue. He commented there will be a proposal from Staff coming to Council in the future addressing the permit charges for the trucks. He indicated the Police have and will continue to do traffic counts in the area. He mentioned traffic enforcement has been accelerated in the area, and he understands the residents concerns. IX. COMMUNICATIONS FROM COUNCIL VICE MAYOR WATKINS Vice Mayor Watkins noted last week the Village had a luncheon to honor the volunteers on the Village's Boards and Committees. She mentioned if there were any volunteers present this evening who could not attend the luncheon, she extended her sincere gratitude to all volunteer members, and thanked them for their service to the Village. • 24 Minutes -Village Council Regular Meeting 04/14/05 Page 25 • Vice Mayor Watkins mentioned she attended an Education Meeting of the Jupiter Tequesta Chamber of Commerce, and one of the things they presented was an interesting summer program for ages, 8-14 year olds. She felt was an interesting concept for a summer camp type situation, where it was actually held on the college campus with a variety of different classes. She noted there was a brochure on the back table if anyone was interested. COUNCIL MEMBER GENCO Loxahatchee Coordinating Council -Reported that the South Florida Water Management District (SFWMD) was doing its final water allocation and reservation. She mentioned she and a number of environmentalists had grievous concerns about what they are intending on doing. She noted they will be increasing the capacity of the upstream area, which will blow out our inlet, and be very detrimental to estuary environment; and the Inlet District will be dredging part of the River all the way up to the gate, which will improve the boaters mobility. She indicated the next meeting will be at 2:00 P.M., April 25, 2005. She mentioned public participation is encouraged. She indicated there will be two more meetings of the Coordinating Council before the SFWMD adopts this water flow regulation, and unless more people attend and voice there concerns it going to get passed. She explained a lot of this has to do with Mecca Farms and Vavrous Property, which were originally designated as surface water retention areas. She noted that was one of the reasons the environmentalists were fighting the Scripps project. • COUNCIL MEMBER PATERNO Intergovernmental Meeting -Mentioned he attended the Meeting, and found it very informative. He indicated the Town of Jupiter was presenting information about how they were going to handle traffic on Indiantown Road, and that they are using Land Use to help with their traffic problems by not allowing certain things to be developed in certain areas, and at the same time reserving a lot of green space area to set aside. He suggested Council may want to consider Land Use issues. Council Member Paterno announced he visited the Water Plant for the first time, and was very impressed with the cleanliness, and suggested everyone should go back and visit the site. Country Club Drive -commented he had been contacted from citizens who live on Country Club Drive. He mentioned a study was done a few weeks ago and 45% of the people, either go out the north or south side, are residents of Turtle Creek. He commented 88% of the people who get tickets on Country Club Drive are non-residents. He felt it was a safety issue that the Village needs to be concerned about. He suggested he would like to set a goal to reduce traffic by 30% on Country Club Drive, as a whole. • 25 Minutes -Village Council Regular Meeting 04/14/05 Page 26 • Russell Street Residents -noted he had received calls from residents on Russell Street. He explained the cul-de-sac is within the municipal limits of Tequesta, but the first four or five houses are in unincorporated Palm Beach County. He indicated that the Tequesta residents could have a problem with a neighbor and they cannot do anything about it. He indicated he would like to see this areas annexed. He mentioned these areas that receive Tequesta water, by contract, are suppose to voluntary annex into the city within 30 days. He felt it would help with other issues, such as code enforcement, etc. He asked whether he would have any support on these issues. Mayor Humpage pointed out he would have support for this issue. He mentioned Mr. Jack Horniman, Village consultant, has made several presentations to different people. He felt the greatest stumbling block was Village's ordinance. He suggested maybe the need to grandfather, and give people the proper amount of time to commit to the ordinances. He questioned how quick would someone not bound by the Village's ordinances move into the Village. He felt the Village was always looking to annex areas. He suggested Council may want to come up with an approach to bring these people into the Village. Traffic Issue on Country Club Drive -suggested he would like to address it at the next Council meeting, and come up with solution for these residents. Mayor Humpage felt everybody on Council agrees with Council Member Paterno on the traffic issue. He indicated he would hope by the next Council Meeting that Staff could bring a resolution to Council proposing a change in the permit fees for heavy equipment that travel that roadway. He noted Police was working on the • traffic enforcement. Council Member Genco indicated she would like to look at doing the roundabout. Mayor Humpage agreed something needed to be done, and noted that intersection was a difficult because of its construction. He indicated everyone would look into it. Village Manager Couzzo mentioned Staff was looking at all the options. COUNCIL MEMBER RESNIK Council Member Resnik noted two things were on the Consent Agenda regarding the Special Master Meetings. He felt enforcement was improving in the Village, especially with the parking of boats, and trucks, littering, and unleashed dogs. He hoped that was an indication that Code Enforcement was taking a more aggressive approach. Country Club Drive -Mentioned he has lived on Country Drive for 27 years, and has suffered with 30 mph traffic, and raising four children in the 1980's, no stop signs, and no trees. He mentioned he has always been very vocal out there in trying to get the speed limit reduced. He noted the speed was eventually reduced to 25 mph, and did put an entrance into the Tequesta Country Club Drive portion from Martin County to splitting it. He explained a rumble strip was installed, and after a month the residents inside the Country Club objected to harshly they had to pull it out. He mentioned the area went through every type of traffic calming • device possible, to help slow down traffic. He pointed out done of those devices 26 Minutes -Village Council Regular Meeting 04/14/05 Page 27 were accepted by Council. He explained every type of device was suggested and rejected by Council. He noted the fire and police at times had objections because their trucks would have to go through the devices. He indicated the County and the State rejected all options. He stressed the Police was monitoring the speed situation now. He suggested two options for reducing the traffic on Country Club Drive: 1) open up County Line Road; or 2) open a second gate at Turtle Creek onto Martin County portion of Country Club Drive. He mentioned the same issue is still pending, as it has been for the last few years. He pointed out Commissioner Weberman this evening reiterated Martin County would not consider the issue because of the Little Club owners. Council Member Resnik noted he has a file that goes back to 1994 regarding these same issues. He felt the Village has done something over the last few years to reduce the traffic, and speed. He quoted some statistics regarding the usage for the roadway. He felt there were more speeders now than years ago. He commented the petitions were great, and that it showed people wanted to have the traffic controlled. He stressed they are going to build in Section 28, and traffic will increase in Tequesta. He hoped something could be done to get the trucks off the road, and a gate open at Turtle Creek to Martin County. Village Manager Couzzo commented he had received two phone calls: 1) Attorney Ed Geddis, with Geddis, Weiss and Helfinan who has been Counsel for the Village for the past five years has informed him he is moving on to the firm of Greenburg Taurig; and 2) Mr. Michael Flattery, Engineer with CH2MHi11 after 26 • years with Gee & Jenson has announced he is now moving on to the firm of Oliver Glidden. Vice Mayor Watkins thanked Mr. Flattery for his service to the Village and wished him good luck. [During Approval of the Agenda Item 35 was moved ahead of Agenda Item 22] 35. Consideration of providing additional assistance to the Code Enforcement Officer. Village Manager Couzzo indicated he was filling in for Chief Allison who was not able to attend the meeting due to illness. He mentioned what Staff was trying to do was in some way enhance the Code Enforcement effort. He commented that after the hurricanes there were a number of problems, and felt there are still problems. He noted Staff has taken a more aggressive approach, but felt there were savings in the existing operating General Fund budget that would not require an appropriation, just a realignment of funds in the Police Department. He suggested hiring a civilian to assist the existing Code EnforcementlPolice Officer, to write citations and educate the people on the codes, and for compliance. Council Member Genco mentioned recently the Village has had the issue with Mr. Zuccarelli and parking some trucks. She noted there was a similar issue about a month ago with the old Chinese restaurant and trucks being parked there. She commented action was taken immediately with the Chinese restaurant, but • felt there may be a problem with taking acting against Mr. Zuccarelli. She noted 27 Minutes -Village Council Regular Meeting 04/14/05 Page 28 one situation was handled by Community Development; the other was handled by a Code Enforcement/Police Officer. She felt that Code Enforcement really has to do with zoning issues, and enforcement of the zoning laws. She commented a uniformed Police Officer giving a violation may look more official, but that it really does not help in understanding and implementing the Village codes. She suggested instead of putting someone in the Police Department, she would like to see someone placed in the code department to do the enforcement. She explained they could also help the Special Master with those meetings. She felt everyone could work together on educating, understanding, and implementing the code better. Village Manager Couzzo indicated that was another option for Council to consider. He mentioned code enforcement was previously with Community Development, but in the past year Staff felt it would be more effective to get compliance if it went back to Police. He explained his office overlooks the Chinese restaurant and he sees the trailers every day, so he asked Mr. Newell, Community Development Director, to talk with Dr. Tarplee to remove the trailers. Council Member Genco indicated Dr. Tarplee was sent a letter ofnon-compliance from Community Development. Mr. Jeff Newell, Community Development Director, explained the letter he sent was to the owner of the U-Haul trailers to remove the trailers by a certain date. Council Member Genco suggested taking a spare police car and using it as a Code Enforcement vehicle, and have a uniform that looks like a police officer, and have them do the code enforcement, and work • with the people to do the zoning interpretation and code. Village Manager Couzzo noted there is a code enforcement truck that has Code Enforcement clearly written on the side of the vehicle. Council Member Genco noted she has never seen it. Mayor Humpage indicated he has seen the vehicle. Village Manager Couzzo mentioned what he was proposing was a blend of the two concepts, by having a civilian incorporated with the Police, so that the Police Officer could focus more on Public Safety. He felt people had a tendency to comply if approached by a Police Officer. He noted the civilian would go out and do a lot of the leg work in the field, and be competent in the code, and then address the problem areas. Council Member Paterno questioned who the civilian would report to. Village Manager Couzzo recommended the Police Officer/Code Enforcement Officer would supervise the civilian. Council Member Genco indicated the Code Enforcement Officer does not seem familiar with the zoning code. Mayor Humpage felt it has to be a mix, and suggested letting the department heads, Police Chief Allison and Mr. Newell work together to come up with what works best for them. Council Member Paterno indicated the Village could save money by hiring a civilian. Council Member Genco noted she just wanted these people to be trained thoroughly in the Village code. She indicated she did not envision a Police Officer as that being a focus for their job. Council Member Paterno pointed out if the person works for Police, they will come under the Police retirement plan. Village Manager Couzzo indicated the position will be for a civilian and fall under the General Employee's retirement plan. Mr. Newell • noted there were two parts to code enforcement: 1) the field work, which 28 Minutes -Village Council Regular Meeting 04/14/05 Page 29 • someone is actually out in the field writing citations, etc., and 2) the office work, keeping the paper, knowing the codes, investigating for compliance to get the effectiveness out in the field. Mayor Humpage felt with a civilian it would certainly save the Village money. Council Member Resnik noted years ago it was handled by a police officer, then the function was moved to Community Development, and the Code Enforcement officer got no respect, so the Village went back to a police officer. He felt the Manager, the Police Chief and the Community Development Director should get together and come up with the best solution. Village Manager Couzzo indicated he would like a consensus from Council to utilize the use of existing funds out of the budget to pay for a civilian. He suggested 30 hours a week at $15.00 an hour. He noted there were adequate funds to cover the rest of the year. Mayor Humpage noted if this works, it can be budgeted for afull-time position next year. Village Manager Couzzo indicated it was the intent to hire a contract employee throughout the year, so the benefit structure will be different, and if Staff decides they do not want to go that way, then they would not be obligated. Council Member Genco questioned whether it could be a part time employee instead of a contractual employee. Village Manager Couzzo suggested it may be more beneficial to have a contract, than to have them as part-time employees. He commented the benefit structures were different. Council Member Genco agreed, as long as the job was properly posted. • Consensus of Council agreed to move forward with a civilian to help with the code enforcement, and use the existing funds for the remainder of the year. X. DEVELOPMENT MATTERS 22. Atlantis Project -Request to appear before Council for relief from the existing Village of Tequesta Code as they relate to the development of Atlantis. Mayor Humpage commented for the record, Council has received and reviewed Staff comments on the latest concept as proposed in C-2. He noted he found Staff's review to be accurate. He mentioned the applicant's presentation this evening would be a limited discussion granted as a courtesy of the Village Council. He mentioned nothing binding can occur this evening, and Council will give no direction or recommendations. He indicated at a later date, if necessary, Council will address this matter if an appropriate application/petition or other petition seeking Council action is filed. He indicated this was also to provide for citizen input. He noted the applicant would be limited to 10 minutes in their presentation. Mr. Jeff Newell, Director of Community Development, introduced Mr. Bill Burckart, representing the developer. Mr. Burckart thanked Council for their time, and noted the applicant understands that is not an approval, and that this will 29 Minutes -Village Council Regular Meeting 04/14/05 Page 30 be for information only. He mentioned what the developer was bringing forth was a new development, knowing they have not spoken with anyone on Council or have not submitted an application, other than talking with staff. He commented the proposed project would be a mixed-use project, which consists of a scrub jay preserve, 108 high-end condo units, and an exclusive health and wellness spa. He noted the project replaces an abandoned used car lot, and an overgrown property on the northeast entrance to the Village, and an area to the east of the project has 6, 8, 10, and 11-story buildings. He mentioned the developer was asked by staff to come in and make this presentation, looking for Council direction that they can proceed. He pointed out the applicant was ready to make a formal application. He noted the developer would be requesting relief of existing codes. He requested the following: 1) Allow a height of 8 stories and 84 feet, instead of what is currently allowed by code; 2) allow the architectural features to be part of the roof, so that it is not a straight flat roof; and 3) allow the density to be calculated on the entire 6 acres, as opposed to the 80% currently allowed. He pointed out the first floor elevation will start on top of the two parking garage decks that will be underground. He described how a resident would enjoy the project and its amenities, and the benefits it will bring to the Village. He commented there will be a doorman, a cascading waterfall, and lush landscaping, marble floors, artwork, and an aquarium in the lobby. In the parking facility there are private garages with storage space. He indicated there will be two outside pool areas, golf, and a preserve area with scrub jays on the property. • Mr. Burckart introduced the project team: Mr. Nick Mastranoni, developer and owner of Allied Capital; Mr. Ed Oliver, Architect, Oliver Glidden; Troy Holloway, Landscape Architect with Gentile, Holloway and O'Mahoney; Mr. Terry Lewis, Attorney, and Mr. Jeff Irvani, Engineer. Mr. Oliver thanked Council for the opportunity to present plans of what he felt would be a quality project for Tequesta. He distributed a booklet of drawings depicting the project. He noted their firm had the distinct pleasure of having Mr. Mike Flattery join the firm. He pointed out the Oliver Glidden firm has been in practice over 30 years. He explained this was asix-acre project located on the west side just north of Publix on U.S. Highway One. He reviewed an aerial view of the site. He noted the projects on the Island that range from 8-11 stories in height. Mayor Humpage asked the applicant to state their specific request that has brought them before Council. Mr. Oliver noted there would be two 8-story buildings over a 2-story parking garage which would be submerged below natural grade. He mentioned the site elevations range from 26-29 feet, down to 16 feet. He reviewed the issues before Council this evening: 1) allow 8 stories within the 84 feet, so the height of the building does not really increase; and 2) allow the gross acreage to be used to calculate the density. He noted there was approximately 1.35 acres of the total site, as required, that is dedicated to scrub jays, and over 43% open space for the site. He requested additionally: 3) to allow the building height to be measured from the average grade of the property, at the first floor level. He explained those were the three text amendments the developer was requesting in the C-2 district. • He noted the application would be coming in to the C-2 district as a Planned 30 Minutes -Village Council Regular Meeting 04/14/05 Page 31 • Commercial Development (PCD) because they would be offering a spa that would be open to the public, such as what was done with Casa Del Sol. He mentioned the last request was for: 4) allow the architectural theme to include three distinctive towers that go above the 84 feet in height. He noted the current design would provide something other than a flat roof. He referred to the handouts distributed to Council, noting from a height standpoint one consideration was always life safety, and accessibility by the Fire Department for those people needing their services. He explained, he felt Chief Weinand could work with the proposed height, and that there was complete access all around the property. He mentioned 1/3 of the roof area was comprised of the three tower elements. Mr. Oliver noted the developer desires to come back before Council in a formal session by submitting an application for this project as proposed. Mayor Humpage indicated he read the Staff report from Community Development and essentially he agreed with the report. He commented Council would need to entertain a code change in C-2, and until a formal application was made, he felt it was not Council's position to move forward at all in any direction. Mr. Oliver informed Council to expect a formal application to be submitted to Community Development with the requested text changes. He indicated the team would be available any time after the meeting if Council had questions. Mayor Humpage commented there are zoning ordinances in place, and what they were asking was . to change the Village codes. He mentioned when the property was purchased the zoning was as it exists today. Council Member Paterno stressed the code was what it was, and that the Village liked its code. Mayor Humpage thanked them for the presentation. 23. A) ORDINANCE 596 -FIRST READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE VILLAGE OF TEQUESTA, FLORIDA IN ACCORDANCE WITH CHAPTER 163, FLORIDA STATUTES "THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", AS AMENDED, AND CHAPTERS 9J-5 AND 9J-11, FLORIDA ADMINISTRATIVE CODE, ADOPTING A SMALL SCALE DEVELOPMENT AMENDMENT TO THE FUTURE LAND USE MAP 1N THE AREA DESIGNATED; APPLYING A COMMERCIAL LAND USE CLASSIFICATION TO A PORTION OF REAL PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE NORTH OF CANAL COURT, CONTAINING APPROXIMATELY 1.33 ACRES; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY; PROVIDING REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 1) the Racchio vacant parcel located on the northeast corner of US Hwy 1 • and Harbor Rd North 31 Minutes -Village Council Regular Meeting 04/14/05 Page 32 • 2) Baldino's Restaurant located on the southeast corner of US Hwy 1 and Harbor Rd North 3) Phoenix Health and Wellness Center located at the northeast corner or US Hwy 1 and Canal Ct. 4) The approximate 20 foot wide alley running along the eastern section of all three of the above mentioned properties. Attorney Hawkins read for the record the title of Ordinance 596. MOTION: Council Member Genco moved to approve First Reading of Ordinance 596, seconded by Vice Mayor Watkins. Mayor Humpage opened the public hearing. Council Member Genco noted these properties were annexed three or four meetings ago. Mr. Jeff Newell, Community Development Director, reviewed the properties: 1) Phoenix Health Center, 2) Baldino's; 3) the vacant undeveloped lot to the north of Baldino's, and 4) a portion of the alley behind those properties. Council Member Genco questioned whether the Comp Plan has to be amended for those properties. Mr. Newell nodded in the affirmative. He noted this was the final phase of the annexation process. Village Manager Couzzo noted if it was a small scale amendment it could be made more than twice a year. Mr. Newell explained a small scale amendment was less than 10 acres. He commented this • property was 1.33 acres. Mayor Humpage asked for Public comments. There being no comments from the public, Mayor Humpage closed the public hearing. Motion passed 5-0. B) ORDINANCE 597 -FIRST READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE VILLAGE, AT ARTICLE V OF CHAPTER 78 OF TEQUESTA CODE OF ORDINANCES, ESTABLISHMENT OF DISTRICTS AND OFFICAL ZONING MAP, BY AMENDING THE ZONING MAP TO APPLY A ZONING DESIGNATION OF C-2 COMMUNITY COMMERCIAL TO A PORTION OF REAL PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE, NORTH OF CANAL COURT CONTAINING APPROXIMATELY 1.33 ACRES; PROVIDING FOR REVISION OF THE VILLAGE ZONING MAP; PROVIDING FOR A LEGAL DESCRIPTION OF THE PROPERTY; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. 1) the Racchio vacant parcel located on the northeast corner of US Hwy 1 • and Harbor Rd North 32 Minutes -Village Council Regular Meeting 04/14/05 Page 33 • 2) Baldino's Restaurant located on the southeast corner of US Hwy 1 and Harbor Rd North 3) Phoenix Health and Wellness Center located at the northeast corner or US Hwy 1 and Canal Ct. 4) The approximate 20 foot wide alley running along the eastern section of all three of the above mentioned properties. Attorney Hawkins read for the record the title of Ordinance 597. Mayor Humpage opened the public hearing. MOTION: Council Member Genco moved to approve First Reading of Ordinance 597; seconded by Vice Mayor Watkins. There being no Council comments and no public comments, Mayor Humpage closed the public hearing. Motion passed S-0. 24. Council consideration and approval for Special Exception Use for Village Hall, applicant Village of Tequesta. Located at 357 Tequesta Drive. Mr. Jeff Newell, Director of Community Development, explained the special • exception use that was before Council pertains to the C-1 Neighborhood Commercial District as the dominant zoning district, where governmental buildings are a special exception. He noted the applicant, the Village of Tequesta, was actually expanding an existing special exception use which requires Council approval due to the activity of the Public Safety Building. He noted an issue Staff had to deal with was Village Green Park to meet the Comprehensive Plan element requirements, Section 78-363 Village Code of Ordinances. He noted the park area covers exactly one acre, will be preserved, with no encroachment except for a small stage area on the south end of the building, which is permitted, and is in agreement with the Comp Plan, as well as the Recreation Openspace for Park (ROP) use. He mentioned the site is in compliance, and this has been afour-year project for the Village. He indicated he spoke with Ms. Connie Fisher, Roy- Fisher Associates, and she was not ready with a conceptual landscape plan for the site at this time. He indicated when it was ready, he would take it to Planning and zoning Advisory Board, and then bring it to Council. MOTION: Vice Mayor Watkins moved to approve for discussion the site plan for Village Hall; seconded by Council Member Genco. Mayor Humpage noted his primary concern was the Park, and that has been addressed by repositioning the building. He commented the only thing on this item that the Council was addressing was the Special exception. Council Member • 33 Minutes -Village Council Regular Meeting 04/14/05 Page 34 • Genco questioned whether the Village was following the Special exception hearing process. Mr. Newell responded in the affirmative. Motion passed S-0. 25. Council consideration and approval for a Site Plan Review for Village Hall, applicant Village of Tequesta. Located at 357 Tequesta Drive. Mr. Jeff Newell, Director of Community Development, asked for Council direction to move forward and record the Unity of Title for the property. He indicated the Unity of Title was a requirement for the site plan. He mentioned the parcel that Public Safety Building sits on and the parcel the new Village Hall will sit on will be joined to make one property. Council Member Genco commented all special exceptions have to have a Unity of Title. She questioned whether the Unity of Title would affect the designation of the Park. Mr. Newell indicated the Park was protected by the Comp Plan, and the Unity of Title does not change the designation. Council Member Paterno questioned whether there were any negatives to the Unity of Title. Attorney Hawkins indicated the Unity of Title was a requirement of the Village code. MOTION: Council Member Genco moved to approve pursuing the Unity of Title; seconded by Vice Mayor Watkins; motion passed S-0. • Mr. Newell reviewed the proposed site plan. IIe commented everyone has worked together to come up with awell-planned site. I-1e indicated the site has been maximized, as far as the parking required. He mentioned there was an existing variance fir parking granted to the Public Safety Building. He stressed through the proposed configuration. Staff was able to reduce the variance by 14 spaces. fle explained the actual parking requirement for the entire site was 123 spaces, but the variance that was in effect now has been reduced 39 spaces to 14, to allow for 98 spaces. He mentioned the other issues as far as open space requirements, egress/ingress, meet the requirements of the code. Mr. Newell indicated the screening on the east side of the site (Blair House), showed a wall on the plan. He indicated he has spoken with Mr. Flatery on this item. Mr. Mike flattery, Project IJngineer, CH2MHill, noted the wall as screening will reduce the noise, and screen. their property from. the site. Council Member Genco questioned the screening for the chiu-ch, on the north side of the property. 1VIr. Flattery noted currently the vinyl chain link fencing will continue to the back, up through the west and on the north. Council Member Genco asked if the wall was at the request of I31air I-louse. Mr. E~lattcry noted during fhe conversations, they asked and questioned what would be the best element to place there, and the wall was suggested.. Council Member Genco suggested. the difference in the cost of the ~~,-a11 and vinyl fencing would be more. She noted the wall could cost up to $200,000.00. Mr. Flattery agreed it would he more costly for the wall. He • indicated the wall would be precast and set in place on the site, such as what is used along the interstate, but not as massive in height. Council Member Genco 34 Minutes -Village Council Regular Meeting 04/14/05 Page 35 • questioned whether the east wall. would go all. the way across the parking lot, or stop at the park. Mr. Flattery noted the wall was stopping at the cul-de-sac, and that there was no need to bring it all the way. Council Member Uenco questioned whether the cost of the wall was included in the cost of the Village Hall project. Mr. Flattery noted the $2 million cost was estimated. over two years ago, and now with a similar project being built it would be approximately $234.00 per square foot. He indicated the $2 million number would now be $2.3 million to $2.4 million.. Council. Member Genco suggested it would be more than that because they were just talking about the building without the fence, etc. He noted. on the Boynton Beach project they have a wall and it was very similar. Council. Member Genco asked if the $2.4 million would include landscaping and the existing sidewalk., to which Mr. Flattery responded that did include landscaping around the building, and the perimeter landscaping. Council Member Genco commented she noticed the existing asphalt sidewalk through the park was not being utilized. Mr. Flattery explained it was an old overlay, and it would be replaced with grass, a.nd park enhancements would be a separate project, which would. require addi Tonal funding. None of the proposed enhancements in the Village Green park were being addressed tonight. Council Member Genco commented she did not think percolation would be a problem, and that the two parapets on the eastern elevation were a tremendous ~unount of architectural feature that served no public or aesthetic purpose. Mr. Flattery explained the towers were actually mechanical and electrical rooms and two were needed because there was a split system. I:)iscussion ensued on this matter. Council Member Genco suggested combining the two into one tower in the center to save money. Mayor Humpage disagreed because of the minimum clearances needed for room sizes required by code. Mr. Flattery indicated the savings would be minimal-it was hard to take out of the whole equation-and neighbors would then. be looking at a flat parapet. Barrel file had been. used to make it aesthetically pleasing to the neighbors. Also, the natural light into the staff break room would be lost if there was only one tower. Council Member Genco expressed her opinion that it was extremely expensive to do something that aesthetic that did not have a public pur}x~se. Mr. :Flattery responded it did have a functionality purpose. Council Member Genco commented. it could have been done like the public safety building, with one parapet, which would. have saved money, and she was surprised by Mr. Flattery's comments because they were so different than when the public safety building was done. Council Member Genco commented on the southern elevation that was supposed to be a staging area and there were two columns and 22 feet, and a stage needed to be between 30 and 40 feet with no columns, and what was needed was a cantilevered roof line and something about 15 feet wide and 30 feet hng, and only the center part of the stage needed to be covered. Further discussion of having only one parapet ensued, with Council Member Uenco suggesting how the rooms could be rearranged. Mr. Flattery indicated there would not be much. difference in cost. Vice Mayor Watkins asked • if there was insulation. that would block. the sound. of the air conditioner compressor. Mr. Flattery explained how the room would. be lined with sound 35 Minutes -Village Council Regular Meeting 04/14/05 Page 36 • absorbing material. Vice Mayor Watkins commented she was okay with the two mechanical rooms. Mayor Humpage stated. he was okay. Counc] Member Paterno asked the difference in cost of vinyl fencing versus a concrete wall. Mr. Flattery responded the vinyl fencing cost was approximately $2U per linear foot as compared to $75/$80 per linear foot for a concrete wall. The difference in sound being transmitted to the other side of the fence was vinyl would provide no sound benefits while the concrete wall. being 6 feet high would stop the sound coming over. 'rhe wall. was a precast panel which came by truck which were slid in between posts and. a nice cap went on top. The sound would be bounced back, similar to the effect of the sound barriers along I-95. Using footexs and blocks would cost a lot more. 'There would be ten feet of grass between. the parking lot edge and. the wall. There would also be landscaping, which would. help with the sound.. The number of feet from the edge of curb to the fence was discussed. It was clarified that the fence had to be set 5 feet in from the property line on the east side because of the utility easement and another 5 feet on the west side. Mr. Flattery indicated he had discussed with staff having the Village maintain the 5 feet outside the wall, and. that was enough room to get the lawn mower in. Mayor Humpage commented the Village wanted to be a good neighbor. Council Member Genco requested further discussion of the stage area, stating she had talked to quite a few people involved in theater and concerts, and all of them • said a stage needed to be about 30 feet wide. With the proposed design the posts or pillars would block. the view of some people, and was not long enough. Council Member Genco asked if it would. be possible to have a cantilevered roof or build up the base. To open it up more, Council Member Genco suggested extending the concrete patio. Mr. Flattery indicated to cantilever the roof to cover the stage area would increase construction. costs, and two columns could be used knowing the stage performances would be intermittent and. daily use would. probably be for a quiet area. The actual footage of the stage was discussed, and determined to be 22' x 24' with 15' depth. Council Member Genco commented she was asking because theater groups had asked to use the stage, but it seemed that nothing could be done. Council. Member Genco advised the Planning anal Toning Board had raised some issues on security, and asked what had been done to address secuuty issues for the interior of the building, and what had been done to address having computers, etc., in the Council Chambers. Mr. Flattery responded the dais in the Council Chambers would be wired at each. station to accoXnmodate any computer system. and the wiring would go back to the audio-visual room where all the equipment would. be located.. Only the conduit system cost was included in the $2.4 million.. Council Member Genco asked if it would be possible to have in-desk computer screens at each. station, to which Mr. Flattery responded that was what was being proposed and they were working closely with the electronics folks to present a • package for abuilt-in system, and that was not priced in. Only the pre-wiring was 36 Minutes -Village Council Regular Meeting 04/14/05 Page 37 included in this cost. Mr. Paterno suggested when something was done that it • would be better for each of the Council Members to use a laptop rather than purchasing computers that would quickly become obsolete, and desk space would not have to be cut out to accommodate computers. Mr. Flattery described the location for the conduit raceway, which would provide connections for whatever computer technology became available. Security of the receptionist area and the finance department was discussed. Mr. Flattery indicated there would be card access control at key points and input from staff would be needed. It would be secured at the main desk. This was an open reception desk, and there had been a question whether it could be closed. There were lockout points going into certain locations. 'There would be a securit~~ button. There would be a camera system, with boxes in convenient locations so that when it was added onto it would go aver to dispatch. There would be a drop box, one way. Mr. Flattery commented the floor plan was very efficient, with not many hallways, and it was a good layout. Council Member Paterno noted some places in the documents the square footage was stated as 16,000 and it was only 10,000. NIr. Newell commented 16,000 had been. stated in the traffic impact study. Council Member Genco asked if staff could go; the Village Manager indicated he had told them they could leave. Mayor Humpage asked Chief Weinand if he was good with the plan. Chief Weinand stated it met all codes. Vice Mayor Watkins . commented she thought there had been a lot of input on this over all. these years and staff hopefully had done an excellent job just like the police anal fire dial, and she was ready to move forward.. Council Member Paterno asked if the conference room off the Manager's office into the hallway was to be all glass. Mr. F attery advised that was an R-rated corridor, a means of egress from the building, anal rated glass could be looked at but it would come with a cost. Village Manager Couzzo commented that could be looked. at as an alternate. Council Member Cienco commented the Council had wanted ail office that Council Members could use. "I'he Village Manager explained there was a space dedicated fc~r that, not specifically an office, and there were other spaces available. Also, the Council Chambers did not have fixed seating, so it could. be more multi-dimensional. The Village Manager commented if any of the Council Members had tllollghtS along the way regarding some of the technological aspects, there was a Lot of time to incorporate those. There would be lobby screens in case of overflow or just if someone wanted to sit out in the lobby during a meeting. Village Manager Couzzo requested the Council share any thoughts so that theix ideas could be incorporated. MOTION: I%ice 1LSayor K'atkiszs made a mot~~n to ap~~rove the site plan for Tillage Hall, located at 3S ? Tequesta D~~ive. Councilmember Resnik seconded the motion, titi~hich carried by unanimous S-0 vote. • 37 Minutes -Village Council Regular Meeting 04/14/05 Page 38 • XI. NEW BUSINESS 26. ORDINANCE 599- FIRST READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, REPEALING ORDINANCE 583, OF THE VILLAGE CODE OF ORDINANCES IN ITS ENTIRETY; ADOPTING A NEW CHAPTER 22, IN ITS ENTIRETY AS COMMUNITY DEVELOPMENT; AMENDING DIVISION 2, PLANNING AND ZONING ADVISORY BOARD; AND AMENDING DIVISION 3, SUPPLEMENTAL CRITERIA AND PROCEDURAL RULES, SECTION 22-82; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES 1N CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Attorney 1=lawkins read Ordinance 599 on first reading by title only. Village Manager Couzzo explained. this had been requested. by Council Member Genco. Council Member Genco advised she had discussed this s~-ith a couple of the Planning and "I:.oning Advisory Board incmbers who were happy that language had. been. added that they had control over Division 3. • MOTION: CourzciZ Member Resnik nzacle a motion to place Ozdinance 599 on .fj°st reading by title only. Council .Member Gerzco ,seconded the motive, which carried by unanimottis ~-D vote. 27. RESOLUTION 52-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A LICENSE AGREEMENT WITH NEXTEL SOUTH CORP, A GEORGIA CORPORATION DB/A NEXTEL COMMUNICATIONS, OF MAITLAND FL, AND THE VILLAGE OF TEQUESTA, TO GRANT AN EXCLUSIVE RIGHT TO USE APPROXIMATELY 468 SQUARE FEET OF GROUND SPACE ON A PORTION OF REAL PROPERTY OWNED BY THE VILLAGE OF TEQUESTA, LOCATED AT 901 N. OLD DIXIE HIGHWAY, TEQUESTA, FLORIDA. Attorney Hawkins read Resolution _52-04/05 by title only. MOTION: Council Member Resnik triode a motion to a)~pz°ove Resvlzztion 52- 0~/~5; Council tLfenzber Genco seconded the motion. During discussion of the motion, Council lLlember• Paterno requested efforts fie made to get free phones, f rr• public works per•soenel. Village l~~anager Cozr~zo indicated he would make every effort; however., there had been some issues with that in I)crde County, and it c~ruld compromise the value of'the rent or the plzoeer and service. Motive carried • by uncmimorzs ~-0 vote. 38 Minutes -Village Council Regular Meeting 04/14/05 Page 39 • 28. Council consideration of the Police Department's participation in a public school program -Stop Bully Now Program. Village Manager Couzzo reported he had spoken with Chief Allison about this. Previously the Village had a DARE program, and members of the Council had requested interaction with the students in the school system residing in Tequesta to assist them. Chief Allison had met with Chief Kelley in the school system and they had agreed upon this program. Mayor Humpage commented he had read somewhere there was money in the budget. Village Manager Couzzo reported it would consist of 5 one-hour sessions, which would not be a budget breaker. MOTION: Council Member Genco made a motion to approve participation of the Police Department in a public school program -Stop Bully Now Program. Council Member Resnik seconded the motion, which carried by unanimous 5-0 vote. 29. Council consideration and discussion of an Attorney/Client (closed-door) session for upcoming Union Contracts Negotiations. Village Manager Couzzo reported he was getting ready to begin contract negotiations with both Fraternal Order of Police and Communications Workers of America and asked if the Council desired to enter into a strategic planning session • prior to the start of those negotiations. He noted if Council desired not to have a session, he could proceed with negotiations, as he has done in previous years, and prior to final approval bring rt to Council m a private session. Council Member Genco asked if the Manager would send copies of the current contracts to Council for input. Village Manager Couzzo agreed. Vice Mayor Watkins noted the Village Manager has always done a great job over the years, as long as she has been involved in it. Village Manager Couzzo indicated the contracts to not expire until September 30, 2005. He indicated there will be an attorney client session prior to October 1, 2005. He mentioned other municipalities have a labor attorney that goes in and negotiates with the unions. He noted the Village has tried to minimize the legal expenses by negotiating the contracts, and have them deal directly with the Village Manager. Mayor Humpage requested copies of the contracts, and that each Council Member could give the Manager their copies. No action taken at this time. 30. FEMA Status Update Assistant Village Manager indicated this was placed on the agenda so residents could hear the update and report. He noted no one was left to hear the report and suggested postponing the item to the next meeting. MOTION: Council Member Genco moved to table Item 30 to the next meeting; seconded by Vice Mayor Watkins; motion passed S-0. 39 Minutes -Village Council Regular Meeting 04/14/05 Page 40 31. A) RESOLUTION 54-04/05, A RESOLUTION OF THE VILLAGE • COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROPRIATING ADDITIONAL FUND BALANCE FROM GENERAL FUND #001 AND INCREASING THE AMOUNT BUDGETED IN ACCOUNT #001-210-549.995 HURRICANE FRANCES EXPENSE BY $97,195.54 FOR ADDITIONAL EXPENDITURES INCURRED FOR HURRICANE RELATED DEBRIS REMOVAL. Attorney Hawkins read for the record the title of Resolution 54-04/05. Mr. Gary Preston, Director of Public Works noted the Village has spent $220,000.00 to date for the clean up of the Village after the hurricanes. Assistant Village Manager indicated that amount has been approved for reimbursement, but the Village has received about 75% of the cost at this time. He mentioned the Village was one of ten, out of 110 people to complete the entire FEMA report. MOTION: Council Member Genco moved to approve Resolution 54-04/05; seconded by Vice Mayor Watkins; motion passed S-0. B) Council approval for the payment of the Waste Management, Inc./Nichols Sanitation invoices in the amount of $267,195.54 for the • debris cleanup of the Village of Tequesta after Hurricane Frances and Hurricane Jeanne. MOTION: Vice Mayor Watkins moved to approve the payment of $267,195.54 to Waste Management; seconded by Council Member Genco; motion passed 5-0. 32. TABLED TO 05/12/05 Council appointments to Various Governmental Agencies. MOTION: Council Member Resnik moved to postpone Item 32 to May 12, 1005 Regular Council Meeting; seconded by Vice Mayor Watkins; motion passed 5-0. 33. TABLED TO 05/12/05 Discussion of the Draft Council Policies and Procedures. MOTION: Council Member Resnik moved to table Item 33; seconded by Vice Mayor Watkins; motion passed 5-0. ., ~...,,.. ~..,.. .,b~. ~.~~ • 40 Minutes -Village Council Regular Meeting 04/14/05 Page 41 • XII. ANY OTHER MATTERS Mayor Humpage suggested placing the gate/fence on the next agenda for discussion. He noted there were a couple of people dissatisfied. He felt maybe through some type of discussion, if there was some way that the Village could avoid possible litigation on the issue. He noted if nothing was done, the Village may have to defend it whether the Village likes it or not. He felt it could help in some type of resolution. Council Member Genco stated she did not see what kind of resolve there could be, noting it was not a legal road. She wondered if getting it more exposure, that it may put the Village in a worst position. Mayor Humpage noted he was contacted by both gentleman and was given a package. Council Member Genco, and Vice Mayor Watkins indicated they had been contacted also. Vice Mayor Watkins felt it was a courtesy that the Council should extend to them. Mayor Humpage suggested the attorney should be prepared at the meeting. He mentioned to the gentlemen that he would bring up to Council, and if it was Council's desire then it was a go. Council Member Paterno indicated there were previous open meetings addressing this issue that they could have attended. Council Member Genco noted she had spoke with them on the phone, and told them she did not want to have a meeting with them. Council Member Resnik questioned how it would be placed on the agenda. Mayor Humpage noted it could be put on as an item for discussion. Council Member Genco suggested placing it on the agenda as a presentation. Consensus of Council agreed to place on the next agenda as a presentation, with no action to be taken at that time. Village Manager Couzzo questioned how many to notify. Council Member Genco suggested the entire street. Consensus of Council agreed to the 7 effected property owners. Mayor Humpage noted the lawsuit with JMZ that the Village was awarded attorney fees. He explained a month or so ago he saw a memo that was generated to Council on the collection on the fees. He asked Mr. Zuccarelli in a good faith move, and put this thing to bed. He indicated today a check in the amount of $29,650.00 was presented to the Village from Mr. Zuccarelli. He noted the amount was correct except the Village was entitled to interest in addition to the amount. Vice Mayor Watkins stated accept the check. Council Member Resnik agreed with the Vice Mayor. Council Member Genco indicated the interest would be only a couple hundred dollars. Mayor Humpage stressed it would be a couple thousand dollars in interest. Attorney Hawkins indicated approximately $3,000.00. Mayor Humpage noted if Council agreed this check would be final payment, and Staff could execute a satisfaction of lien. MOTION: Vice Mayor Watkins moved to approve to accept the tendered funds in full satisfaction of the amount due under the judgment; seconded by • Council Member Resnik; motion passed S-0. 41 Minutes -Village Council Regular Meeting 04/14/05 Page 42 • Council Member Paterno asked as a policy that anyone who owes the Village Money, the Village would not issue any permits. He noted at a meeting last week in Juno, other cities were doing it as a policy. Mayor Humpage stated the Village has to be careful, because if there is a lien against an individual, but it may not be against the company. Village Manager Couzzo noted Staff would have to develop an integrated tracking system that would track the liens, with the permits. They would need to be linked. He indicated Staff could bring Council a policy position on the budget and Council could take a look at. Consensus of Council agreed. Council Member Paterno asked if on the next agenda regarding the Parks participation fees. He felt the Stake Park fee of $5.00 was cheap, and suggested the use of non-resident fees. Council Member Genco noted that was one comment she heard a lot also was the residents were using out services and not living in the Village. Mayor Humpage suggested Mr. Corbitt give Council a breakdown on the fees. Council Member Resnik noted if you take away the non-residents there may be a drop in attendance in the programs. Council Member Genco the non-residents receive the benefits of our maintenance, landscaping, and lot of other things. She noted they were not paying for the infrastructure. Council Member Resnik indicated he would like to see the names and addresses. Consensus of Council agreed to place on an upcoming agenda. S XIII. ADJOURNMENT MOTION: Council Member Genco moved for adjournment of the Meeting; seconded by Council Member Resnik; motion passed S-0. The Meeting was adjourned at 12:32 A.M. wen Carlisle, Village Clerk • 42