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HomeMy WebLinkAboutMinutes_Regular_12/05/2002n ~J VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES DECEMBER 5, 2002 I. Call to Order and Roll Call The Tequesta Village Council held a regular meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, December 5, 2002. The meeting was called to order at 7:00 p.m. by Mayor Geraldine A. Genco. A roll call was taken by Betty Laur, Acting Village Clerk. Councilmembers present were: Mayor Geraldine A. Genco, Vice Mayor Joseph N. Capretta, Councilmember Basil E. Dalack, Councilmember Russell von Frank, and Councilmember Edward D. Resnik. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney John C. • Randolph, Acting Village Clerk Betty Laur, and Department Heads. II. Invocation and Pledge of Allegiance Mayor Genco expressed her gratitude to each resident for their time and interest, and asked that as each looked back on the year to be thankful they had experienced another year and find good memories that no one could ever take from them; and look forward to the new year to improve, demonstrate their love to their family and fellow human beings, share wonderful moments, and give thanks to God. Mayor Genco led the pledge of allegiance to the flag. III. Approval of Agenda The Village Manager requested addition under Any Other Matters of discussion regarding the Cypress Drive Drainage Improvement problem and recent correspondence from Northern Palm Beach County Improvement District. MOTION: Councilmember Resnik made a motion to approve the Agenda as amended. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. • IV. Public IIearing Recycled Paper Village Council Meeting Minutes December 5, 2002 Page 2 ----------------------- Ordinance No. 577-Second and Final Reading-An Ordinance of the Village of Tequesta, Florida, Amending the Adopted Village Comprehensive Plan, pursuant to Chapters 163, Florida Statutes, and Chapters 9J-5 and 9J-11, Florida Administrative Code, Amending Tezt within the Public School Facilities Element (PSFE) according to an Interlocal Agreement Between the Village, Palm Beach County and Palm Beach County School District; providing for codification, severability, and effective date, and for other purposes Mayor Genco read Ordinance No. 577 by caption and declared the public hearing open. Community Development Director Jeffery C. Newell announced this was the second and final action on this comprehensive plan amendment. There were no comments from the public or from the Village Council. MOTION: Councilmember von Frank made a motion to approve Ordinance No. 577 on second • and final reading. Councilmember Resnik seconded the motion, which carried by unanimous 5-0 vote. V. Presentations and Proclamations A. Resolution No. 14-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, recognizing Village Resident Wade Griest for his many contributions to the community and to the Village government. Vice Mayor Capretta read Resolution No. 14-02/03 by caption. Mr. Griest expressed his thanks for this honor, and commented that this was a two-way street-that the Village had been very kind to him, especially during his recent illness, and that he did not know who was responsible for this award but whoever it was he was glad they did it. B. Presentation by the South Florida Water Management District (SFWMD) regarding the proposed minimum flows and levels criteria for the northwest fork of the Loxahatchee River Mayor Geraldine A. Genco explained that originally this item had been scheduled • as a presentation by South Florida Water Management District of minimum flow requirements for the Loxahatchee River; responding to a Resolution written by the Village several months ago in opposition to their proposed requirements. • Village Council Meeting Minutes December 5, 2002 Page g ----------------------- However, since that time, the water management district, Mayor Genco, and a number of others had had a lot of dialog and had met to resolve their differences. Participating in the discussions had been Vice Chairman of the SFMWD Governing Board, Len Lindahl, and a number of chief staff from the water management district. Asa result of that meeting plus other public input to the District, the District had made an addendum to the minimum flow requirements so that in the future when people went to get permits and as land became available, SFWNID would take favorable action for preservation of the river. The District would be developing, over the next 20 years and particularly over the next three years, some very comprehensive surface water management plans involving developing a drainage basin to give the river more fresh water, in order to maintain the river in a condition more like it had been 10-20 years ago. SFWMD had developed very extensive language, which was a restoration plan designed to deliver and protect the water supply to the river and to revise the minimum flow as necessary to accomplish those goals. Mayor Genco stated she believed what SFWMD now brought before the Village Council as a draft should cause the Village to send a letter of support in view of these changes to the minimum flow documents. Leonard Lindahl, Vice Chairman, South Florida Water Management Governing Board, commented that he was one of nine members of that Board, that he had lived in this area over 30 years, and that Mayor Genco had correctly characterized the level of effort that she as the Village's representative and the SFWNID staff had made as they worked through the issues articulated in various forms regarding the minimum flow levels of the river. The whole effort had involved commitment on the part of the agency, citizens, and elected officials to be engaged in the debate and to be a part of a process which resulted in a better document than any one person could have created. Mr. Lindahl advised that SFWNID had been interested in the Village's resolution, and he had been interested in debating the issue since he needed to balance policy, science, and special interests in the things that were SFWMD's obligation in apolicy-making capacity. The Village Council was also in that capacity. Mr. Lindahl commented it had been refreshing and informative and a labor of love to deal with concerned individuals. Mr. Lindahl advised that restoration and the fresh waters would be developed as set forth in the Northern Palm Beach Comprehensive Water Management Plan. Mr. Lindahl described the process that had made this happen. Mr. Lindahl announced that the District next Wednesday and Thursday at their Governing Board meeting would be considering acquisition of the Cypress Creek area, and he expected the acquisition to consist of 4,000 to 5,000 acres which • would provide water flows to the river. Interested parties must recognize the commitment and work together to make it happen. Mr. Lindahl explained that everyone had gone through the process to make sure the right agreement was Village Council Meeting Minutes December 5, 2002 Page 4 ----------------------- reached. Mr. Lindahl personally thanked the Village Council for their interest and the Mayor for her involvement, and commented that they could move forward together rather than on opposite sides. Mayor Genco commented that now there was a road map to guide people working with water resources so that they would understand the intent and the goal, and the agreement was now very clear as to the interpretation which would help preserve the residents' way of life along the river. Mayor Genco commented that SFWMD had gone out of their way to work on this matter. MOTION: Councilmember von Frank made a motion to place an item on the next Village Council meeting agenda to write a letter or Resolution from the Village Council in support of the minimum flow requirements. Councilmember Dalack seconded the motion, which carried by unanimous 5- 0vote. Mr. Lindahl provided a copy of the water district's management plan and minimum flow documents to the Village Council. V. Consent Agenda MOTION: Councilmember von Frank made a motion to approve the Consent Agenda as submitted. Councilmember Resnik seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved: A. Village Council Regular Meeting Minutes of November 14, 2002. B. Board of Adjustment Public Hearing Meeting Minutes of October 28, 2002. C. Community Appearance Board Meeting Minutes of November 6, 2002. D. Resolution No.15-02/03-A Resolution of the Village Council ofthe Village of Tequesta, Florida, approving a water service agreement between Riverside Oaks, LLC and the Village of Tequesta Utilities Department, and authorizing the Village Manager to execute the applicable agreement on behalf of the Village. E. Endorse Village Manager's approval of hydrogen peroxide chemical and equipment supply renewal for Water Utility with Vulcan Performance Village Council Meeting Minutes December 5, 2002 Page 5 ----------------------- Chemicals [as per the Village Charter Section 3.03 (9)]. VII. Communications from Citizens Howard Morton requested consideration of his suggestion for installing uniform, attractive mailboxes along Tequesta Drive at Village expense, possibly in banks of two in order to reduce the number of postal stops and to decrease the ruts by the side of the road. Mr. Morton advised there were less than sixty mailboxes on Tequesta Drive, and if the cost to the Village was $100 each it would not be too costly, and would be an attractive addition. Mayor Genco requested staff check with the post office to see if that would be possible and then advise on the next step the Village Council might want to take. Village Manager Couzzo responded that initially the Village Attorney would need to advise of the federal, state, and local implications. Mayor Genco commented this would need to be voluntary by the homeowners, and that the mail carriers were getting later each day bringing the mail. Vice Mayor Capretta described a neighborhood to the south where mailboxes were placed in • clusters of 4 or 6 and the residents had to walk to the mailbox location to get their mail, so he thought it would be legal in the sense that the post office would cooperate. The Vice Mayor expressed his opinion this was a good suggestion because it would speed up deliveries, but stated that it would need to be voluntary. The Village Manager commented he thought the post office would be agreeable, and advised that staffwould look at an incentive program for cost sharing with the residents. VIII. Development Matters A. Site Plan Review for a proposed move of Independent Community Bank's time and temperature sign from 307 Tequesta Drive to 250 Tequesta Drive. Community Development Director Jeffery C. Newell introduced the new Planner for the Village, Carol Lux. Mr. Newell announced that Wachovia Bank had merged with First Union, and had vacated the bank quarters at 250 Tequesta Drive. Independent Community Bank would be moving into that space. Mr. Newell reported that the Community Appearance Board had approved the colors and the placement of the Time and Temperature sign, which was to be moved to their new location. Resident Vi Laamanen expressed concern that having the sign at a busier corner could create a traffic hazard. Mayor Genco expressed her opinion that it would hopefully slow • people down. The visibility and location of the proposed sign was discussed. Mr. Newell explained it would be placed on the southeast corner, set back 10 feet from the property line and the reader part would face east-west with the leading edge ofthe Village Council Meeting Minutes December 5, 2002 Page 6 ----------------------- sign north-south. It was explained that this was the same location where this sign had formerly been for many years. Members of the audience who had requested clarification of the proposed location indicated their questions had been answered. Mr. Newell provided a picture showing where the sign had been on this property in the past. MOTION: Councilmember Resnik made a motion to approve the Site Plan Review for a proposed move of Independent Community Bank's time and temperature sign from 307 Tequesta Drive to 250 Tequesta Drive. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. B. Discuss the possibilities of a text amendment to the "Motor Vehicle Dealers Definition" section of the Code of Ordinances, including a modification to the "Declaration of Use" restrictions that are placed on the property "Tequesta • Motor Cars." Community Development Director Jeffery C. Newell explained that William Burckart, Broker, would address concerns regarding language in the ordinance concerning the C-2 zoning district and in the definition of motor vehicle dealers. Mr. Newell advised that the Village Council was not required to take any action tonight, and that should the Village Council give direction for any changes there was a text amendment process that must be followed, which would include a quasi judicial hearing. Mr. Newell explained that the present definition only allowed used or previously owned vehicles as an accessory use and did not allow astand-alone dealership for previously owned vehicles. Mr. Newell reported that the definition in the Florida statutes for passenger vehicles included automobiles, trucks and vans or SUV's and that watercraft was not included. Motor homes were only defined as passenger vehicles if they were RV's which operated under their own power. Mr. Newell indicated there were no limits on sizes of which he was aware, and that watercraft were not included. Ordinance 516, approved in 1996, had amended a section, subsection f. Mr. Newell explained that before that time it had been hand in hand with the text of a motor vehicle dealership, and that had changed in 1996, but the definition of motor vehicle dealers had remained the same. The reason the definition in the Village's code had remained the same was the ordinance did not change the definition. Mr. Newell read the original text, and the 1996 amendment which was what was in effect at the present time. Mr. Newell stressed that the definition of a motor vehicle dealership did not • change-that the primary business must be new vehicles, and used vehicles were only an accessory use to new vehicles, and that in this type of business one must operate in a closed building. It was questioned whether there was a conflict between Ordinance • Village Council Meeting Minutes December 5, 2002 Page ~ ----------------------- 516 and the Village's current code, to which the Village Attorney responded there was no conflict, but the wording had been made more restrictive, requiring that it be indoors. Councilmember Resnik questioned whether there would be a conflict if the Village had an ordinance that omitted a bunch of language from a previous ordinance and reduced it to a very clear, concise statement, and took out language that parroted the definition in the code. The Village Attorney responded there was not a conflict. Mayor Genco pointed out that on page 22 of the code and on page 18 of the Ordinance, both sections were labeled "f' which was confusing, but the old "f' was deleted and now replaced by the new "f', and now the Village's code was more restrictive than the State statute. Mr. Newell advised that the C-2 residential district was covered in a different section of the code, which set forth how one would operate if one was in that kind of business. Councilmember Dalack questioned if Mr. Burckart was a proponent for a change and what goal he wanted to accomplish. Mr. Newell responded that he was looking to change the motor vehicle dealership definition and suggesting two sentences be eliminated. Mr. Newell explained by • eliminating that language astand-alone used or previously owned dealership would be allowed. Village Attorney Randolph explained the procedural aspect, that there were two ways to amend the code; that the Village Council could decide to make an amendment and staff could deal with it, or an applicant could file an application to amend the code to achieve a specific purpose. In either case, proper advertising must be done and then a decision must be made whether to adopt an amendment or not. The Village Attorney cautioned the Village Council not to make any decision tonight, just to listen. Vice Mayor Capretta commented that the Village Council was not being asked to make a decision tonight, that Mr. Burckart would have to go through a process, and the Village Council would listen and staff would get involved. Councilmember Dalack commented that the appropriate thing would be to have the proponent of a change go through the process and after that process was finished with staff participating, then to come before the Village Council as a proposed potential amendment to the code. The Village Manager explained that Mr. Burckart had requested to have an informal discussion with the Village Council before going through a formal application process, but if the Village Council wished to go through the full application process first, that could be done. Mayor Genco stated the Village had to go through the process and she would discuss later with Mr. Newell the specific wording that the Village Council would have to address should this come back before them. Vice Mayor Capretta commented that in 1996 there were a lot of discussions about allowing a dealership, and that building and facility had gone through a series of uses and the business had had a difficult time finding their mission. • Vice Mayor Capretta commented that Mr. Burckart was here only to explain what he was trying to accomplish, that he would go through the process, work with staff, and then come back before the Village Council. Vice Mayor Capretta commented Village Council Meeting Minutes December 5, 2002 Page 8 ----------------------- that the Village Council had struggled for years over what to do with that building, and they did not want a service facility and there had been concerns about oil leaking. William Burckart, representing the owners of Tequesta Motor Cars, commented that Vice Mayor Capretta remembered the history. Mr. Burckart explained that in 1996 they asked to allow a new and/or used vehicle dealership, and it had been approved by the Village Council to allow astand-alone used vehicle dealership. Mr. Burckart explained that staffhad not followed through with the requested amendment and a number of things had never happened. Mr. Burckart advised that vehicles were defined under the recreational vehicle section as including boats and all touring vehicles, and there were three definitions in the code relating to motor vehicles. Mr. Burckart indicated the declaration of use agreement became an issue, that they had assumed that recreational vehicles included the whole gamut, that the statement of use should have been recorded in 1989 but was not recorded until 2000, that a letter from Scott D. Ladd described a minor scriveners' error, and that the definition should have been amended in 1996 but had been missed. Mayor Genco advised that with Mr. • Burckart's proposed use now the Village Council did have to address changes to the existing code, and the Village Attorney had described how that was to be done. Mr. Burckart asked if the three defimtions applied here, to which Village Attorney Randolph responded there may be some different interpretations Councilmember Dalack questioned what Mr. Burckart would like to be able to do, to which the response was to sell recreational vehicles and also boats, which they believed were allowed under the definition of recreational vehicles. Mr. Burckart explained he had come here because staff wanted him to, but he did not believe he needed to be here. Mr. Burckart explained that sales were only handled in an enclosed facility; and that display was allowed outside but when writing a contract one must be inside. Village Attorney Randolph stated he disagreed, that Mr. Burckart's client wanted to sell boats, and that he had indicated that property did not allow it. Village Attorney indicated Mr. Burckart could file an application. Councilmember Dalack commented that Mr. Burckart wanted to sell boats and therefore he proposed that a nutshell agreement be provided. Mr. Burckart commented that he had not thought this required another application to change new and or used definitions, but staff said he should; that Tom Bradford had brought this up 3-4 years ago and Scott Ladd had said that it needed to be changed, but it had not been done, he assumed because Mr. Ladd left the Village. Mr. Burckart commented that he felt they had already done this when they paid $2,000 to amend the ordinance. Discussion ensued. Councilmember Resnik asked where in the code was the definition of motor vehicles which included boats. The Village Attorney advised that was in the definition of RV's and boats to prohibit • parking in certain areas if not shielded from view. Mayor Genco commented there was no other way than a request for amendment to let the Village Council decide whether to change the code. Vice Mayor Capretta commented that Mr. Burckart • Village Council Meeting Minutes December 5, Zoo2 Page 9 ----------------------- thought he could sell RV's and boats, and did not need to be here; however, Mr. Newell and Attorney Randolph disagreed, and if the Village Council wanted him to sell them they could make the language more clear. Since the Village Attorney said the code did not allow it, then the only way the Village Council could allow it was to change the code, and Mr. Burckart could make application to change it, then the Village Council could decide the issue. Vice Mayor Capretta. stated one could argue that the language needed to be changed either way so it would be clear. Mayor Genco commented that the same definition was needed in all sections of the code, that she appreciated Mr. Burckart's position in the community and he represented a lot of business operations, for which the Village was grateful, but she saw no choice other than to proceed with an amendment to be sure everything was in conformance. Vice Mayor Capretta commented it was an issue throughout the Country Club about parking RV's and boats so they would not be visible andan option was just not to allow them, or existing ones might be grandfathered in for existing owners and once the property was sold to a new owner it would not be allowed. Mayor Genco • commented everyone agreed with Mr. Capretta, and asked if there was a way to do this that would not be costly to Mr. Burckart. Village Attorney Randolph advised that if the Village Council felt a zoning code amendment should be made to allow sale of boats and RV's they could just direct staff to do that, but if it was really not something they saw a need for they could put the onus on the applicant. Councilmember Resnik asked how there could be different definitions for motor vehicles in the code in different sections. Councilmember Dalack responded that one definition was in the context of what Mr. Capretta had discussed about shielding from view; another was in the context of sales of products, and in each context you could have a different meaning. Mayor Genco commented the Village Council needed to address the issue in the sales area. If the Village Council wished to, they could direct staffto come in, in commercial sales of motor vehicles in the area where Mr. Burckart was doing business; if the Village Council did not wish staff to do that, then they could just tell Mr. Burckart they did not want to, then he could come back and make an application. Vice Mayor Capretta asked if the Village Council knew enough to make that decision. The Village Manager commented that if the Village Council desired, staff could look at the issue, discuss with Mr. Burckart items such as gas tanks and servicing, and bring an update to the Council at their January meeting. The Mayor suggested the Council could look at it at the same time if they thought it was feasible, since she believed Mr. Burckart wanted to proceed as soon as possible. Mark Divo, the boat dealer, advised there would be no servicing, no oil, no fuel, and no repairs, and that 99.9% of the boats would be new. Mr. Burckart noted that Mr. • Divo would be the tenant and that he owned InterMarine across the road, and carved only top of the line $80,000-$88,000 boats. Mayor Genco commented the Village Council wanted something to work in that spot worse than Mr. Burckart did and that • Village Council Meeting Minutes December 5, 2002 Page 10 ----------------------- they wanted a successful business there. Consensus of the Village Council was to have Community Development go ahead and work on the issue and come back on the next agenda. Mr. Burckart questioned the timing, to which Village Manager Couzzo responded that the Village Council wanted staff to look at the issue within the confines of doing it thoroughly. Village Attorney Randolph advised that if the applicant wished to be in control of the timing that he needed to file an application for amendment of the zoning code and that was an option of the applicant if they felt things were not moving fast enough. Mr. Burckart asked if it would be possible for the applicant to only pay for the advertising as opposed to the whole fee since they did this once before. Village Attorney Randolph advised that was not a choice. Mayor Genco indicated that the Village must follow procedure. IX. New Business A. Discuss the process for selection of architects/engineers to design a new Village • Hall. Village Manager Michael R. Couzzo, Jr. explained that previously it had been discussed at a Village Council meeting that the Village Council desired to move ahead with design of a new Village Hall, and that had been approved in this fiscal year's budget. Mr. Couzzo reported that previously it had been the intent of the Village Council to have Song & Associates present a rendering to be compared to a design provided by Gee & Jenson. The Village Attorney had advised that was not in compliance, that the process with Song & Associates should be continued with a redesign or Village Council could direct staff to go back out for proposals as per State statute. Mr. Couzzo asked what direction the Council would like staffto take in moving forward only for architecturaUengineering design of a Village Hall. Councilmember Resnik expressed his opinion the Village should go to an RFP, take its time, and evaluate the responses carefully. Councilmember Dalack asked if any fees would have to be paid, to which Mr. Couzzo responded only the cost of advertising and staff time to do analyses, and no fees would need to be paid to any proposed architects. MOTION: Councilmember Resnik made a motion to move on to RFP for architecturaVengineering design of a Village Hall. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. • Jim Humpage, 561 Dover Road, commented an RFP was a good idea, but recommended that some parameters be set as to spaces, footprint, and architecture. Village Council Meeting Minutes December 5, 2002 Page ~i ----------------------- The Village Manager responded that staffhad looked at their needs, that the goals as he saw them were that the architecture would be in harmony with the Public Safety facility, that the size at present was under 10,000 square feet, estimated construction cost was under $2 million, and the integrity of the Village Green property was to remain as much as possible as it was today. Mr. Couzzo reported there had been discussion by some firms suggesting that this time the RFP should be for design build instead of design bid, so that value engineering could be done and the builder would work with the architect. On the Public Safety building value engineering had been done on the job as work progressed. Mr. Couzzo advised that the Village was in the process of accepting a proposal from architectural engineering firm to change the exterior elevation of the Recreation Center and a grant was being applied for to cover the cost. Vice Mayor Capretta indicated the Village Hall should be compatible with the public safety design and asked who owned that design. Mr. Couzzo advised the design could be used if mirrored somewhat, but the hard specs and prints could not be copied. The Village Manager advised that aone-story building would be more appropriate than two stories, and with a one story-building no elevator or extra restrooms would be needed ,which would reduce costs, so that would probably be added to the RFP. X. Any Other Matters Village Manager Couzzo had requested addition of discussion regarding the Cypress Drive drainage project, and advised the Village Council that he wished to bring them an update. Mr. Couzzo explained that there was a joint agreement between Palm Beach County, Jupiter, and the Village, coordinated by Northern Palm Beach County Improvement District. Mr. Couzzo explained that Tequesta's portion of the project was the property located on the east side of South Cypress in Tequesta, east to U. S. One, which included the building in which the Village Administration was housed, the JMZ property, and Bank ofAmerica--everything on the south side of Tequesta Drive. The drainage in that entire area was to be enhanced and improved, with a huge exfiltration system to be placed on FEC railroad property. The Village Manager explained that the Village Council had already approved $231,000 for this project, and at that time Main Street and the southwest parcel of the JMZ property was not on the tax rolls; however, they were now on the tax rolls. The $231,000 had been an estimate prior to bid, and when bids were received the amount was 20% higher. The impact to the Village would be an additional $113,000, and $40,000 could be taken offfor the southwest parcel, leaving a difference of approximately $70,000. Northern was the coordinator for the three entities and they were now asking Tequesta to contribute additional funds. Mr. Couzzo • explained it had been impossible to get this item on tonight's agenda, and there would be a public hearing at Jupiter on December 10. A fax had been received from Northern at 4:20 p.m. that day. Northern had scheduled a closing with FEC prior to the last day of the year, • Village Council Meeting Minutes December 5, 2002 Page 12 ----------------------- and Mr. Couzzo had advised them to get an extension on their closing; however, they were concerned. The Village if it chose not to continue in the joint effort could authorize purchase of those properties and could sell the property. The properties were currently leased by FEC to the property owners. Mayor Genco commented the Village could buy the property and do their own drainage system. Mr. Couzzo agreed, and stated the problem was in Jupiter, but it was a regional issue and the FEC properties were in all three jurisdictions-Palm Beach County, Jupiter, and Tequesta. Northern would buy the property and Tequesta would only purchase the portion within Tequesta. It was recommended that the commercial property owners come to the public hearing at Jupiter. Mayor Genco pointed out that the drainage for the JMZ area could be extended over 20 years. Vice Mayor Capretta reported he and others had walked the FEC property previously and had come upon a family with three children living in cardboard boxes in the ditch. Vice Mayor Capretta indicated buying the property was a good idea. Mr. Couzzo indicated he did not have a price, and noted if Tequesta dropped out of the project it would go under. Councilmember Dalack commented Tequesta could not drop out with $231,000 already invested. The Village Manager recommended that • the Village continue on in the project and get the project done. Village Attorney Randolph advised that the Village was being asked for an additional $113,000. Mayor Genco indicated that $60,000 could be left on assessment and the balance paid. Mr. Couzzo advised that Tequesta's amount was $113,858.35 which included 15% contingency and ifat the end ofthis project FEC properties became the property of the Village they could sell that property back to the adjacent property owners or lease it back to the adjacent property owners. Councilmember Resnik stated he was in favor of going forward but since it impacted the Village and property owners he thought going forward should be delayed until after the public hearing on December 10. Vice Mayor Capretta advised that the Council must proceed tonight. Village Attorney Randolph confirmed that the Village Council must proceed tonight or Northern's closing was in jeopardy. Mayor Genco noted that the public hearing would not change the outcome. The Village Attorney advised that it was a requirement that they have a public hearing and they had to know that all entities wanted to go forward and all they were asking for was to approve the full amount. Mr. Couzzo indicated he had spoken with Mr. Zuccarelli and he had seemed okay with the assessment spread over 20 years. MOTION: Councilmember von Frank made a motion to authorize the Village Manager to send the additional sum of $113,858.35 for the project of development of Cypress Drive #36. Motion was seconded by Vice Mayor Capretta. Added to the motion was to eztract the southwest portion and possibly main street and have that assessed. The Village Manager advised that there were sufficient reserves in the Stormwater Utility which • presently had unencumbered reserves of $203,000. Motion carried by unanimous 5-0 vote. • Village Council Meeting Minutes December 5, 2002 Page i3 ----------------------- XI. Adjournment MOTION• Councilmember von Frank moved that the meeting be adjourned Councilmember Resnik seconded the motion, which carried by unanimous S-0 votes The motion was therefore passed and adopted and the meeting was adjourned at 8: SO p. m. Respectfully submitted, ~~ U Betty Laur Acting Village Clerk • DATE APPROVED: •