The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 04_01/10/2006 NIINUTES VILLAGE UF TEQUESTA gEGUI,AR VILLAGE COUNCIL MEETING TAURSDAY, NOVEMBER 17, 2005 I. CALL TO ORDER AND ROLL CALL -The meeting was called to order by Mayor Jim I�iumpage at 7:Q5 P.M. A roll ca11 was taken by Village Clerk Gwen Carlisle. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council Member Geraldine A. Genco, and Councii 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 Mayor Humpage mentioned the Village of Tequesta. lost Council Member Ed Resnik this past week. He felt Council Member Resnik always held the best interest of the Village in all his decisions. He mentianed a number of Years ago when he encouraged Council Member Resnik to run for Council and he did, the Village took another step for�rvard. He cammented throughout the Colonel's life he choose to help and serve his fellow men, 3U years with the Marines it let to even more charitable a�ts and service to the Village• He noted during his memorial service it was obvious to all he was a mari of character and kiriduess. He felt Council Member Resnik would be missed by many, but never forgotten. He asked that everyone stand for a moment of silence. Council Member Genco gave the invocattion and dedicated it to Council Member Resnik. She mentioned Council Member Resnik constant comment was Simper filde�is, which �s a way of Iife, and a way of heart, and it means that you are dedicated to making a difference by service to your fellow man, and bonded by this purpose to your Marine colleagues. It means doing things faithful1Y to the best of your ability because you care about the mission, because you believe it will serve a greater g� � d to actions not justwo ds�She stated we without difficulty or sacn , can be grateful to those that have dedicated themselves to this motto, and the service for the good of Country, and service to our sma11 Village. She commented she would like everyone to take that thought and whenever we think about b�ing somebody's cazetaker or guardia� remembering his legacy. Council Member Genco led the Pledge of Allegiance to the flag. III, PRESENTATIONS AND PROCLAMATIONS 1. Presentation regazding Jupiter Inlet Natural Area, - Ms. Faye Winters, Federal Burea.0 of Land Management MINUTES - Village Council Regular Meeting 11/17/OS Page 2 Ms. Winters thankea Council for having her this eveningn he ded in �th� distributed a handaut that sununarized the uiformatio p packets. She indicated she was out of the regionai office in 3ackson, Ms that covers eleven southeastern states. She me at�� t �g �� b� �m 1Vlanagement (FBL1V� got the Jupiter Inlet N Q f the land �„ detailing the Coast Guard in 1996. She reviewed the ren shrin o�ented when the FBLM the natural are� and the history of ttie property first eame to 3upiter and Tequesta. they were looking for a full-time Partner that could help them with theu mission. She indicated Pa1m Beach County has been a real active partner in their mission. She introduced Mr. Frank C3rif�'iths, with Palm Beach County Department of Environmental Resources �� e �� that FBLM has done at the Jupiter Inlet Natura1 Area s�re project with PBC and other entities, such as the South Florida Water Manageme�t District (SFWNID}, the Village of Tequesta and the Town of Ju�iter. Ms. Winters noted the FBLM did a plan in 1997 that is a d tiine tcy ' point. She commen�ed it was time to update the plan, an and get some public use facilities there. She mentioned the first goals for ths FBLM when they got the tract were to restore habitat for I8 special status sPec She pointed aut at this point theY are ready to open the area. up for public use, so ro sed a plan ta bring in the public use facilities. She reviewed the � they p Pa proposed plan, and noted the series of trails that were planned, and one new ��g atea,located inside the Coast Gvard commun�cations site. She mentioned they have put a 10 caz parking area, and a hardened trail that would come through the scrub down: to the wetlands, and have a platform for people to view the wetland. She indicated there would also be an inteipretive trail around the perimeter, and on the south side in Jupiter there would be another hardened trail• She noted another thing theY are t�b to do was remove the heavy fuels (trees) that were damaged durinS the hurricane. She mentioned they lost about 95% of the sand pine in the natural area. Attorney Hawkins arrived at 7:17 P.M. Ms. Winters mentioned the plan was to continue �with o�Pa�� beas��°for the eradiate the exohc plant species, and use the area as 3upiter High School environmental research and field studies academY, and Loxahatchee River Historica1 Society. Mayor Humpage eommented this area could always use the open green space area, and felt this was a great thix�g. He remembered fishing for Snook down by the Coast Guatd area years ago, and appreciated them getting this open to the general publia Council Member Patern ono�ted C w�� ana �eP� ents of FBLM ta help move this proces� a1ong s Tequesta. could enjoy this property He felt this area has been under utilized, and is an asset that has been overlooked, or maybe the public thought they could not use it. He noted it is good that the public is allowed to go on the property He 2 � �� i MINUTES • Village Council Regular ].Vleeting 11/17/OS Page. 3 � asked if there was anything that the ViYlage could do to be a part of it. Ms. Winters mentioned this was the kick off for the comment period, which is open to Deeember 31, 2005. She indicated this was to introduce the draft plan, and if there were a need for additional meetings in the process they would be willing to come back. She ment�oned there is a public meeting tomorrow afternoon from 3:00 P.M. to 6:00 P.M. at the Jupiter Community Center, followed by a public workshop at 7:00 P.M. Council Member Geneo asked whether they were looking for information from the pubiic on other uses for the area, such as watkways or educational. Ms. Winters� commented they have put out a draft plan, but they are interested in the public's ideas, suggestions and comments. Council Member Genco asked when the official opening would be of the area. Ms. Winters eommented the area is already open to the public, but noted there are no public use facilities that promote the use. She ment�oned once they get th� pazking area open it could be more widely used. Council Member Genco asked if Ms. Winters coutd let Council know when the parking area was compieted, so that we could . announce it in the Village newsletter. Ms. Winters stated tlus is just the begin�ing, and would like to communicate with Council and the Village Manager as the process goes along. (Public Comment) Mr. Pat Welsh, resident of Palm Beach Gardens noted there were a lat of seniors that piay tennis there in the moming, and the baihroom facilities are always locked. He asked if the bathroom facilities could be opened when the Park is . opened. Ms. Winters indicated the Town of Jupiter is responsible for the restroom facilities. Mr. Welsh suggested moving the trail on the northern end of the parking lot into the park for safety reasons. Council Member Paterno asked whether the FBLM would give land to Tequ�sta, as they did with Jupiter, and incorpora.te something new within the 56 acres to show the public it is within the Village of Tequesta. Ms. Winters noted there are options and they will take suggestions. She mentioned they call it Jupiter Inlet to give it a geographical sense. Council Member Paterno suggested something like a Tequesta Preserve. Mr. Welsh asked if there were oppvrtunities for the public to fish the areas. Mayor Humpage noted that suggestion would be something to take to the Jupiter meeting tomorrow. Mr. �d Oliver commented the rope swing in the area where the boats nestle up against the eastern side of the 56 a.cre tract; he asked was there any way to allow the public to come and enjay tbe area. He noted the public has been using it for decades, and he did not want anyone to Iose sight that it is on the anlet and there are fishing opportuniries there. He agreed on the north end there is not much pazking, and looked like a traffic concern. He indicated the Town of Jupiter has dedicated and focused their attention on a Riverwalk on the south side of the Inlet; he suggested there might be an opportunity for a counterpoint on the northern side of the inlet to somehow be compatible with the Riverwalk component. 3 MINUTES - Village Council Regular Meeting 11/17/05 Page 4 Mayor Humpage saggested the Clerk provide Ms. Winters with a transcription of the tninutes so those comments could be brought forward. 2. Proclamation declaring the Month of November, 2005 as National Hospice/Palliative Care Month" in the Village of Tequesta. Mayor Humpage commented Hospice was also invalved. with Council Member Resnik, and they did a great job for him and his famiZY• He mentianed the Village is very pleased to ha.ve this proclamation. Mayor Humpage declared the Month of Novernber 2005 as National Hospice/Palliative Care IVlonth in the Village of Tequesta. Iy, AP'PROVAL OF AGENDA � MOTI4N Vice Mayor Watkins moved to approve the agenda as amended; seconded by Council Member Genco. Council Member Genco removed Item 10, Resolution 19-OSf06, regarding the . appropriation of EOC upgrades, and asked that t�e Jupiter Elementary School Preservation be added under Any Other Matters. Council Member Paterno asked if the agenda could be reordered to take Item 20, Resolution 28-OS/06 regarding the SFWMD grant for the well be moved forward. Mayor Humpage suggested Item 20 follow Item 5 under Unfinished Business. Vice Mayor Watkins indicated she would also like to make comments under Any Other Matters on the Jupiter Elementary School Preservation issue. Motion passed4-0, including the addition under Any Other Matters, and reordering Item 20 immediately after Item S. V, UNFINISHED BUSINESS � 3, a) Discussion and considera.tion of Award�g o� 1 �� g �� Electric,. of Stuart, Florida, in regard to rep Tequesta Park. Mr. Robert Garlo, Assistant Village Manager commented tlus was a proposal to ha,ve Arlington Electrical repair the lights in Tequesta Park• He mentioned this is damage that goes back three hurricanes to Hurricane Frances. He indicated FEMA has $95,000.00 in funds available to the Village to do the work. He mentioned �e� proposal is to have the ballfield lights repairedII lo w aro� �� eL cover) and the tennis courts and the security p He indicated the cost overrun tha.t would need to be appropriated, which the Village could ga back to FEMA and possibiy get the $18,19Q.04. Mayor Humpage �oted the second greatest outcry was to restore the tennis courts. He commented the JTAA is also anxious to get started• He felt the way to do this was to let them do the work, instead of ha.ving them in and out many times to do . 4 ��S - Village Council Regular MeetinS 11/17lOS Page 5 the work. He commented he would be in favor of pursuing this and making a supplemen�tal request to FEMA for reimbursernent of reserves funds. Vice Mayor watkins agreed, and noted everyone was asking when the park was going tO be back in use. 5he felt the Village defuutely�need�e e� �� $��p p� �° �5 Member Genco asked xf th� V�llage had alre Y g was to appropriate the additional $18, 190.U0. Assistant Village Manager Garlo agreed, and noted the $95,OOO.UO was in an account with the Depat�ent of C Affairs and just waiting for the Village to request the funds. Council Member Geneo mentionec� Council had already had a discussion regar �g �S item; and already had allocated ttiose funds e�revenues budgeted fo was the � indicated the only thing that does not ha additional $18,190.00. Assistant Manager �lta e d Manager �o�o no ed the request to FEMA for the addirional funds• V g money should be appropriat Genco iud�cated then Staff coutd offse e it�wh n the received. Council Member Village receives the money. . b) RESOLUTION 29-OS/06 - A RE50LUTI�� M EACH COUNCIL OF THE VII..LAGE OF Q COUNTY, FLORIDA, AMENDING THE 2005/2Q06 GEN�RAL FUND #001 BUDGET $95,b11 BY APPROPRIA'TINE`T ADD�T�ONAL FUND BALANCE AND INCREASING REVENUES AND EXPENDITURES TO PAY FOR THE R�P� �� HU�C� F�NC� LIGHTING SYSTEMS ASSOC AS FOLLOWS: REVENUES: � Reimburse FENiA Account # 001-000-369.1 6 $ g 4 ' S53 Reimburse Florida DCA Account # 001 000-369.10 � 95,611 18 190 Appropriated Fund Balance 11$ 3,801 EXPENDITURES: 113 801 R&M — Tequesta Park Account #001-23Q-54 �____� Attorney Hawkins read for the record the title of Resolution 29-US/06. MOTIpN: Vice Mayor Watkins moved to approve Resolution 29-OS/06; seconded by Council Member Genco; motion passed 4-0. 4, RESOLUTIOI�I 22-OS/06 — A RESOLUTION OF P�� BEACH COUNCII. OF THE V�LAGE OF TEQLTESTA, COUNTY, FLORIDA, TO W �p T�T�R� �� FOR �[URRICANE DE1MAGE D ALL RESIDENTIAL AND COMMEKCIAI' PROPERTIES WI"1'HIN THE VILLAGE OF TEQUESTA; THIS SHALL �-SO INCLUDE T'HE WAIVING OF PERMITS AND ASSOCIATED FEES BY THE FIRE � 5 MINUTES - Village Council Regulaz Meeting 11/17/OS Page 6 RESCUE DEPARTMENT FOR MINOR COMMERCIAL�B� v� REPATRS FOR H[URRICANE D�AGE DUE TO WII.MA; AND TO EXEMPT CONTRACTORS THAT TE UESTA OCCUPATIONAL LICENSE WITH THE VII�L�GE OF Q TO ALLOW THEM TO PERFORM � E� 005 O THE PERIOD COMMBNCING ON OCTO , l, 2006. Attorney Hawkins read for the reeord the title of Resolution 22-OS/06. MOTION Vice Mayor Watkins moved to approve Resolution 22-OS/06; seconded by Councrl Member Paterno. e indicated he did not lilce the resolution language• He felt the Mayor Humpag ��. He mentioned when he braught it Village was waiving the fees, not the pe up at the Iast meeting, his intent "�'as to waiv e Haz�� b Director�of CommunitY so inspecttons could be made. Ms. Cathenn were minor repairs, and that the Development mentioned the key was that they pernoits were being waived along with the f �ence and�minor roof repairs d�nOg code those minor repairs, such as replac�ng � rson must notify the Vtllage require a per�t far the work. 5he mentioned the pe of work, and a list of ali the people, an� �e type of the wo�k, and Staff is naaking le that � the name of the owner. She indicated at this time ther �� l�e will have taken advantage of the no permit requi�'�• She po be doing spot checks on them. Village Manager Couzzo indicated although the permit and fees are being waived they still �� Florida Buildi�g �e i� 1�� s codes. Ms. Harding agreed, and mentioned all work must be in compliance with local and state codes. Council Member Paterno commented everyone must re Cp�� D� opment in the same spot or they may be redoing rt when the Department does their check. Ms. Harding e�e H ding, the new Communitiy Council Member Genco introduced Ms. Cath Development Director from Islamorada, Fl. , Motion passed 4-0: 5, Discussion to extend the waiver for constructio ate re airs from�Hum��e Sunday until November 3U, 2005 to accammod P Wilma, previously waived at the October 31, 2005 Special Council Meeting. Ms. Catherine Hazding, Director of CommunitY Development noted this was discussed at the October 31, 2005 Meeting, and explained it was to be placed on this agenda to see if the Village wanted to continue to waive those permits, especially to waive the work on Sunday b �' MINUTES - Village Council Regulaz Meeting 11/17/OS � Page 7 Ma or Humpage Poin�ed out he had not seen a lot of work me enc r p�'S o y He ment�oned under the code the Village does allow g one was takinS g�day, Viee Mayor Watkins stresW d� a V� �s rt�d �d that a lot of the advantage of the situation. She felt it ri' to do for the work could be accomplished, she commented it was the nP,ht t�g �volve two Village. Village Manager Couzzo pointed out it would only Sunday 's. Council l�iember Genco explained this would �� want d to ��ksgiving day. Council Mem b er Pa� te rn o as k e d w h e t h e r C o u n consider not having wQrk done on "ThanksSivinS Day. Consensus of Council agreed to extend the wai�ver for construction work on S��.y'S through November 30, 2005 with the exception to not allow work on Thanksgiving Day. Due to Mr. Ori running 1ate, .Item 20 witl be taken up after Communications from � Councit. �, STANDIN ATTORNEY VILLA lo ized for being late to the meeting. Attomey Hawkins apo g _ Siegel Case - He indicated he had provided a writiten report regazdw g tt n activity in Qctobe�'• He mentioned su �e � 11 � e of T questa obtained a he recerve d a r u l i n g t h i s W e e k t h a t � s�y Judgment in the sole remainin:$ Siegel Case, and t hat means a motion for rehearing for an appeal. He stated the odds are the V illage will get a judgment entered, and the case would be o a Q� �ae remaim ng o conclusion. He indicated ��a�� ould take uP a� aPPe�• He stated it file a motion for rehearing, . was a significant rulinS• VILLAGE MANAGER _ New Village Ha11 — He mentioned the new Village Ha11 ��S te construction, and that he and Fire Chief o�ed up�. H��eY �'"e the other day and the footers were bein8 making process. �I. CONSENT AGENDA- All items listed under Consent Agenda are considered routine and te�eunlessea by one motion. There wi11 be uests,� n whi�h event the ite will be removed Yillage Councii Member sa r q from the Consent Agenda and considered in its normal sequence on the Agenda. Council Member Genco removed Item 10. 7 NZINUTES - Village Council Regular Meeting 11>l7/OS Page 8 MOTION: Vice Mayor A'atkins moved to approve the Consent Agenda, as amended; seconded by Council Member Puterno; motion passed 4-0. 7'herefore the following items were. approved on the Consent Agenda: , 6. Village Council Regulaz Meeting Minutes 4ctober 11, 2005. 7. Village Council Budget Workshop Meeting Minutes August 9, 2005. g: RESOLUTION 27-QS/06 � A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF ��TT�A� �SE ORDER COUNTY, FLORIDA AWARDING A TO NATI4NAL w T OF $15�,000 00 F4R I THE E PURC�SE�OF� IN THE AMdUN WiTH MATERIAL FOR WATER SYSTEM MAIN"TENANCE, FUNDING COMING FROM Bi3DGETED ACCOUN'T #401-243- 546.342 HAVIl�IG A B.ALANCE OR $35,000.00, WITH PRICING BEING PIGGY BAGKED ON 'FHE JACKS4NVILLE ENERGY ALLIANCE BID► (JEA) ON FILE YN V� � TO OFFICE, AND AUTHORIZING THE EXECUTE ON BEHALF OF THE VILLAGE. � 9. Council consideration to decl�re as surplus various items, including vehicles for the Village of Tequesta, and to allow for an auction of the items. Il. RESOLUTION 23-OS/U6 = A RESOLUTIOE �A �� B�A H COUNCIL OF THE VII.LA�E OF TEQU S, COUNTY, FL4RIDA, APPROVING OF THE PURCHASE AND INSTALLATION OF AUDIOVISUAL EQUIPMENT, FOR TI-� EMERGENCY OPERA`TIONS CENTER 4� T � L � O � T E OF FACILITY AT 357 TEQUESTA DRIVE, $21,619.14 FROM AUDIO VISUAL SOLUTIONS, OF HOI�LYWOOD, FLORIDA, TO BE PAID OUT OF ACCOUNT #OQ1-192.664.60U, HAVING A FY 2005/2006 BUDGET ALLOCATION OF $24,400.00 FOR THIS PROJECT, AND AUTHORIZING "THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE DOCtJMENTS ON BEHALF OF THE VILLAGE. ll.l RESOLUTION 34-OS/06 — A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE 4F TEQUE �DITIONAL g F A UND COUNTY, FLORIDA, APPROPRIATIN BALANCE OF: $61,606.87 FROM THE GENERAL FUND #401; $159,225.OU FROM CAPITAL IMPROVEMENT FUND #301; $394,030.28 FROM CAPITAL PROJECTS FIJND #303; $542,906.76 FROM WATER UTILITY FUND #4�01 AND $50,244.84 FROM 8 MINLTTES - Village Council Regulaz Meeting 11i17i05 Page 9 STORMWATER UTILITY FUNI�� #�� IN IN,� ATTACHED gtJDG�TS OF ACCOUNTS DE "SCHEDLTLE A" WHICH BE CO LETION OF PURCHASE RESOLUTIOI�T; TO FUND THE ORDERS THAT WERE APPROVEDG �/30 OOSAND EXPECT COMPLETED IN BUDGET YEAR �IN TO BE COMPLETED IN BUDGET YEAR 9{30/2006. 11.2 RESOLUTIOl`3 31-OS/06� — A RESOLUTI�� A �M EACH COUNCIL OF THE VII.LAGE OF T�Q COUNTY, 'FL4RIDA, APPROP �'��G PROJECT FUND #30 gALANCE OF $14,183.60 FRO ANp INCREASING THE 2005/2006 62.631 � ��OJE�D �D BUDGET, ACCOUNT #303-331 � CONSTRUCTIC?N OF VILLA(�E HALL• . END OF CONSENT AGENDA ITEMS REMOVED FROM THE CONSENT AG�NDA TO THE REGULAR AGENDA 10. RESOLUTION 19-OS/06 — A RESOLUTION �A PT�M BEACH COUNCIL OF THE VILLAGE OF TEQ�S � COUNTY, FLORIDA �PPROP INC��ING , I , HE D005/20 6 . BALANC� IN GENERAL FUND G�g,AI; FUND BUDGET, FIRE CO�t`TKOL, MA!��ERY .AND EQUIPNIENT ACCOLJNT #001-192-664.640 BY $24,400.00, AND AUTHORIZING THE VILLAGE MAN FG� R,� �LAGE. � APPLICA.BLE DOCLTMENTS ON BEHAL Cowncil Member Genco mentioned she pulled this item, ��5 �e V llage increases the General Fund budget by $24,4Q0.00, and lt a er. She inted 1Vlanager to execute the document on behalf of the Village Manag Pa out under Item lI, the spending of the funds, $21,619.00, and��eII iffe�in $2,800.00; she asked if the Resolution should say something Manager Couzzo suggested that Item 11, should have been pulled ��V°� b t Member Genco mention e d I tem 1 1 w a s the contra.ct and it needed app Item 10 was to appropriate the fimds, and did not need to have the contract executed. She suggested the language in Item IO should be taken out of the Resolution regarding executing the documents at $24,400.00. Village Manager Cauzzo expiained Item 10 was an accountinS issue, and Item 11 spends the money. Council Member Genco suggested deieting the remainder of the languaSe in Item 10 regarding executing the document, because thE Village Manager was already authorized to da that in Item 11. S t�e rtems be aabeled a} and b)ls an appropnation and then spending of money, tha 9 �� MINUTES - Village Council Regular Meeting 11/17/OS Page 10 orne Hawkins read for the record the title of Resolution 19-OS/06. Att Y rove Resolution 19-OS/06, as Mp��prl; Council Member Ge mo o P� ed 4-0• amended; seconde� by Viee May �I. CpMMUrTICATIQNS FROM CITIZENS _ lvir. Dick Wilson resident o� Leeward Circle than�Ced Mayor Humpage the notice for pickup of vegetation for his dialogic message regarding SWA) before Hurricane Wx�a• He noted the Solid Was� Authof Tequesta, did not come out to pick up the trassh, so �e ��ly helped including Staff and Mayor Humpage came out and p� h� a problem rid the Village of the vegetation• re�elW �e ontract• � ' with SWA, �d asked Council to Village Manager Couzzo noted that was the bea�tY of the Village to be able to collect the debris before the �n� � wo k� wll�s�on nice to have the resources and facilities to do the � of 8 felt if the SWA workers did their work W °� � � hours they could go home. H� ��t ��cated h� sPok� `'�� streets of Tequesta. M emen� WA and he felt they were coming to people at Waste Manag an understanding• . Mr. Wilson noted a house burnt down °n �r'�'`�d o fire h t dran ton early 1998; the fire rescue came out and there was n Y the street. He mentioned the closee indi ted what W� �� CTub Drive two streets down• H became a large fire and destruction af the eo�� k� on Village Manager and the Assistant Vil ag ut in on it since the beginninS of t�'e yeaz' and ��iy that accomplished. Leewazd Circle. He thanked the Village far getting _ p� guzz Woodwell, resident River Drive an�� o f�� g�� mentioned concerns on the recent He ec �ented for over 50 years in the Country Club communitY• electric carts have been a way of life. He indicated there is access from the public roads to the golf courseis children t have �sbeha ed mentioned what has h�pPened recently and taken their parents carts and given�fe we e out �n tbe go �cart, explained after the hurricane he �d �S liceman stoPP� �� to save on gas and get ice, and a P° hceman was not informed them it was illegal. He commented the Po � �ked the very nice, and he made them feel like criminals> So theY P cart. He noted then he saw a golf cart p assing by a police car and they just waved, and on Halloween night there were dozens of golf carts 10 ��S - Village Council Regular Meeti�g 11/17/OS page 11 ested either the message is taking children around the area. He sugg not out, but there are ways to correct this by having th Z��°,e b,�g following certain g�d�lines. He felt the responsible ci nalized for this. He noted if there was a complete s�huaW� �d , � down from up north would not property owners coming he also felt that if they were not allowed it would lower the property values, and make it a less desirabte neighborhood. Ma or Humpage noted he understantis Mr• Woodwell's c � be Y mentioned it is a hot button issue. He inci�cated discussions and hopefully a workshop in the near future regazd�ng ttus . issue. He mentioned the Village is tryin8 to educate people at this point, but when they get into more detail Council plan� to have pubiic � meetings and have public input. Police Chief Steve Allison clarified the State Sta.tute does�pr� �t He use of golf carts on roads that are not designated for mentioned that same statute makes it very clear o�d have t�o 1�e d ne be taken to authorize the use• He noted a eY and �� signs. He and Council would then : need to app o � le in the mentioned because of the complaints received by some pe p Country Club the police had no choice but to enforce the �a lice written. He commented the enfoe �me ubl c. Henoted when they department has chosen is to ed:uca F of the statute, and see a golf cart on the road they hand them a copy advise them their action `is against th �e are the polhce will intent at this goint to eite people, y or the police will take detain them and have the parents pickW em i P s. t h e m h o me, but the golf cart will staY - Ms. Dottie Campbeil, resident of Eastwinds Circle asked Council for help for the Busch Wildlife San�tu�S'• �he noted since 7anuary l, 2005 212 tiving animals from Tequesta have been taken � by �e Busch Wildlife facility. She mention�ed� � n t�n �W� d She Village m September asking for he1p, indicated the average cost to take ��es e was��d �e °� $° g � O for a sma 1 1 a n i m a 1• S h e p o m t e d o u t i f just for Tequesta the cost of care would be $53 S h�m� o Council to consider increasing their contribution, or taking �eu discretionary monies to help. Council Member Genco indicated ear, and ha.ve increased their Council is in their new budget y contributions. She indicated she w�� o ed Council each Y az' discretionary funds. Village Manager ested that it discusses their contributions to organiz.ations, and sugg come back as an agenda item in I3ecembe o He expi�ined he has not seen the letter Ms. C a m p b e l l w a s re f e m n g 11 MINUTES - Village Council Regular Meeting 11/17/OS page 12 Consensus of Council agreed to place it on the December Meeting agenda. Ms. Campbell suggested a donation of $10,000.00 would be $47 per animal. IX. COMMITNICATIONS FROM COUNCIL VICE MAYOR WATKINS � Condolences to Council Member Resnik's family - She wanted to send her �ondolences and mentioned one of her highlights was getting to knaw Colonel Resnik, and working with him• She noted he was a great man, and devoted to his communitY, as well as, his counhy and his family. She commented he will be missed, and was a treasure to the community. Boat Issue — She mentioned she had received several calls regazding the regulations for boats. She commented for the people �that were calling, she wanted them to have some level of comfort Council had not forgotten the issue, that it would be taken up, and it would not be without pub�ic knowledge or input. COUNCIL MENIBER PATERNO Council Member Resnik- He mentioned how deeply he felt the void of him not knowing that he would not be there the next time, ne�ct day, next meeting. He noted he would be deeply missed by him. Hurricane �Vilma — He mentioned the Staff did a great job in taking care of the residents; cleaning up the Village, and getting everything together, including the prep work, the Mayor's hard work to push ahead and get everything done. He felt everyone pulled together and made a bad situation disappear within ri'�'o weeks. He felt everyone who works for the Village deserves a round of applause. 2p. RESOLUTION 28-OS/06 — A RESOLUTION OF THE VII,LAGE COUNCIL OF THE VLLLAGE OF TEQUESTA, PALM BEACH � COUNTY, FLORIDA ACCEPTING AN AL`FERNATIVE WATER SUPPL'� (AWS) GRANT FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR THE AM�UNT OF $484,000.00 FOR RO WELL #4 AND ASSOCIATED PIPELINEE �AAPPL�ICABLE THE VILLAGE MANAGER TO EXECUT PROPOSAL ON BEHALF OF THE VII�LAGE. Village Manager Couzzo mentianed three or four months ago the Staff reviewed with Council the possibility of seeking the grant for Alternative Water Supply (AWS) from the South �'lorida Water Management District 12 MINU'I'ES - Village Council Regular MeetinS l 1f17/OS Page 13 (SFWMD). He commented the grant would enable the Village to install a 4�' Reverse Osmosis (RQ) Well and piping system. He noted in the past year the Village has just completed RO Weli #3, and the associated piping• He commented this year the second train would be installed at the R4 facility. He stated Mr. Russell White, and Arcadis Reese MacAn helped in securing the grant. He .commented the Villag� w� t��ntract with the rated highlY agai�, and the SFWMD has agre Village and award $484,004.00 in grant revenue to move ahead with this project. He �oted vvhat was before Council this evening was consideration to accept the gra��, �d budget for the remaining amount for engineerinS design, and the constructi.on. Villa�,e Manager Couzzo introduced Mr. Rob�Ori� th� y�� forecastlto R.ate Analyst. He indicated Iast year the Villag project rates, based on upcoming pro3e�cts• He mentioned then opportunities like this one come along that were np o��I P �bout ll the Manager Couzzo poixrted out he was be very timeframe, because the fmal submitt�l was due August l, 2006. He noted . if the Yillage got moving right now it woul.d be an ambitious program. He felt this was a very important issue for the Viliage to address at this time. Mr. Rob Ori, Public Resources Management (PR�, the Village's Utility Rate Consultant thanked Council for moving this item up on the agenda. He mentianed the RO Well #4 which is a very expensive project cou]d range from $ i million to $1.5 million dollars: He noted the nice thing is the grant for $484,000.00, which is a substantial amount of dollars.for this project. He indicated if he eould get other e r t e�cts�at�$•6 �yn He dollar, and still not affect the Villag recommended the Village do the project, since it needed the project anyway. He sta.ted the Village has th ana s �e e dollars v would n d�to noted it would be tight financ�ally, shifted. He commented one option would be the Village issuing some short-term debt, 10-yeaz bank Ioan, to fund the whole project, in case something happened and the Village had the need to fund everything• He indieated he was very haPpY t° s� t�a� �e Village has the leveraging capability in the system to pay that debt and not raise the water rates except the normal indexing, and absorb the whole project. He sta.ted the Village could move forward with the project from Reserves, �and if needed, a fall back position, the Village could issue bonds through a local bank, at a low rate, and very low timefrune. Village Manager Couzzo noted this was the thu'd yeaz that the Village had been fortunate enough to be rated in the top ranking, and be given a grant from SFWMD. He explained SFWMD was pleased with the Village's efforts to reduce its dependency on shailow wells, and go towazd the deep wells. 13 �: 1ViINUTES - Village Council Regular Meeting 11/17i05 page 14 was trying io get Village Manager Couzzo pointed out the SFWMD ncies off the Surifi+c,a1 wells and the Village has don� ��ve � a leader in South Florida nlakin$ the movemen Po becoming direetion. - Mr. Tom 7enson, Engineer, Arcadis Reese Mac� n�e reg 5� �he reiterated he wanted everyone to be aware �f ��S �d explained the project. He explained the SFWMD g� P t funds. Village Village was very fortunate to secure $484,000 in S� Ivlanager Couzzo noted one thing tha.t miP,k�t help with the timeframe is since the people are cun'ently drilling the well for ��ve same i tim e e and that they ha�e negotiated with the well dnlle t�ot. Mr. Russell White, money, and not have to go aut to bid the P��d be$75��• �ouncil Public Services Manager stated t�e cost savin� Member Genco noted the document showed ro��t�t1e welg of the Member Paterno asked if Counc� �would p vst. Mr• Jenson commented project, and asked what the pip g about $304,000, stating thai the well will be �I� a� ree o bl�d d own facility, and the pipeluae would have to come Bridge Road, undez Old Dixie Higl�way, and tie into a line at Tequesta Drive: Village Manager Co►�O explaine the con�ict under Old Dixie �iighway would be an issue. Mr• Jenson l�ointed out for Well #3 they ran a main underneath Tequesta Drive, and stubbed out for future expansion down Bridge Road. e inted out the funding �'�'o�d not come fram the Ad Mayor Hwnpag Po Valorem t�.xes, that it would come from the Utility rice the w�r Council Member Genco commented t�e �r�o�ba� o�� be deducted on the keeps going up, and it is not something ineome tax. She felt it would be be�er �O � not do tha because i ms the Mayor Humpage in d i c a t e d t h e V i ll a g e c o u l Utility and a separate fund• Council Membe t�e c do no g t deduc t� i • and it comes ou t o f t h e re s i d e n t s p o c k e t, b Y She indicated if it costs the residents �� the in rease er th �ast pockets. Council Member Paterno commen o He mentioned couple of years was only a small index 1/o or 2/o, a��ly the problem he sees potentially is if the VWe�geo Sdb� �e� Vilage � they drop buying 3upiter s water, and o� to be trght. Council Member need the water. He pointed out it is g g Genco stressed when Council discussed ��s t on; Council�v�'as �Qi ��t and they told the consultants to do an� aCo�Cl� Would be provided with time if they were to get the g� �fonnation and be able ta make an educated d o i��e a d s on. She not have enou g h u i fo r m a t i o n th i s e v e n m g e � 1 � � d understood when the Village add��a �n�p g�� t �ey were the new train, that ti�e Village w . 14 � Iv1INUTES - Village Council Regular Mee�g 11/17/05 page 1 S buyuig from Jupiter. 5he stated she also understood �t� �oned ttiat is than enough water to service aur custe mer� � �� ,� Council what Council was told. Mayor Humpag � 1 �� tio replace tlze Member Genco noted the Village had ��Y F t funds, and digs the 1 She felt if the Village gets the � Jupiter supp y ��e well, which means the Well, SFWMD maY �ist �e Villag � ease. She the train and everythi g Village would ha le e have the cnstomers. asked does the Vil ag i in was associated with the project. Village Manager Couzzo stated the p p g e wouid have the customers, Council Member Genco � s k� l f t h� V i ll ��at�ly $3 million dollars. because the well and the train would be apP RO Well 3 Mr. Jenson stated what Council Member Genc e�� Village was and breaking away from 3upiter was correct. H plannuig on ne� year to put out to bid the expansion of �e Vill�age oes the second train• Council Member Genco commented e noted the can not process it. Mayar Humpag not have the train they the e�sting train. He pointed out if Village can proc�ss the water by using � to Pz�ess the the Village has the third well, and using t11e e��g well water, the train coutd shift from well to � the wells fai ed, th� llage would offset the Jupiter water, and if one Well. He commented may have to buy water, because �here was no backup it on line, just by if the Village has the four� Well they could bring G�ging a valve. Mr. Jenson stated the Village has a back up welane�wh �� Psanupplying the Viltage has two R� wells. He mentione Co��il Member Genco enough aapacit3' ta Provide water for one� �' f water per train, but the noted she understoo� it took 1.5 million g � of pottable Village has on1Y 1.2 millian gallons or 1.25 milliQn g � 12 MGD, water after processing it. Mr. Jenson pointed out the trains lant is sized for three trains, 1.2 MGD each, ultimate 3.6 MGD. and the p Council Member Genco noted she o� de o�f the buil 3�n would require one vf the �S t l� k ed at building the facihty,.�� commented years ago when they W � t rovisions were they some eoncerns that if they built the buildinS P oing to put into the building for the infiasi�u s�� e pip g n twork g pipi.ng networ k). He no te d t h e y m a d e p r o v y: s i o within t he building in order to supply an additional train, knowi�� t for an addirionat tzain they would have to exp 4 g MGD f � MI' 1J � n noted an addition to to u l t i m a t e l y b e c o m e a C o u n c i l M e m b e r the building wo�d be n�ded to house t he 4�' t�• sed. Mr• 3ensan st�d no it would Genco asked whether it would be eXP° Co�� Member Genco added if not be e�posed, it would be in a building• t�ie Village built the extra train, the �lillage would also have to add on �e existing building. M�• �enson agreed. 15 MINUTES - Village Council Regular Meeting 11/17/OS Page 16 Council Member Genco asked who would be using this additional �'�'ater• Mr. Jenson stated the Village was hying ta caPture the grant funds now to construet the well that the Village was anticipati.ng conslructing itn the future. Village Manager Couzzo explained the Village is going to have to replace the water when the Village lases the Jupiter supply in 2007. Council Member Genco felt Well #3 was supposed to supply the water. Viilage Manager Couzzo noted when the ad.ditional train is put on it will supply 1.2 MGD's, and the Village presently purchases 1.35 MGD from Jupiter. He indicated the Village uses the 1.3 MGD's at this time. Council Member Genco noted when the Village originally went into the agreement . they were not using the full arnount. Council Member Paterno asked what the maximum use was on a particulaz day. Mr. White indicated araund Plant S roducecurrently. Member Paterno asked how much can the W P Mr. White stated without Jupiter 3.2 1VIGD. Council Member Pateino noted the new well replaces the difference. He asked what amount did the consumption go up each yeaz. Village Manager Gouzzo noted that was a hard to stay, because the Village has added a considerable new customer base, Tropic Vista, and Cove Point. Vice Mayor Watkins mentioned she understood Council M�mber Genco's question; does the Village have a need for the extra water.. She commented the Village may not need it today, but they wili need it in the next few years. Mz�. Bill Reese, Principal, Arcadis Reese Macon and Associates indicated � wha.t he has heazd this evening is completely correct; he reiterated Well 3 neazly replaces what the Village was buying from Jupiter 1.2 MGD versus 1.35MGD. He mentioned the Plant capacity has several elements to it, a filter plant that has a rated capacity of 2•7 MGD. He commented as a practical matter it is not a new plant, and to represent that it would do 2.7 MGD, it really can not get 2.7 MGD effectively. He explained one train is 1.2MGD, which brings the capacity to 3.9 MGD, the second txain would take the Viilage higher, but the Village would be taking off Jupiter, so the net effect, saying the plant can do 2.2 or 2.3 MGD, that puts the Village at 4.8 MGD. He noted the Village has seen a m�imum day in 2U04 at 3.9 MGD and then add the 1.3 MGD on top of that• He stated it is fair to say tha.t the second train will cover the present needs of the Village, but was not fair to say it would cover more than the Village's needs. He commented if the Village has any growth� at some point the third train would need to be added. Mr. Jenson pointed out the Village was currently working an the Consumption Use Permit and the 14 year use projections. Mr. Reese felt the Village would use the well, because it would rotate inta the sequence. Mayor Humpage stated the Village could have to do it a11, the well and the train. Mr. Reese stated the water quality that comes from the filter plant is not the same as it is from the membrane plant. 16 I�ZINLTTIES - Village Council Regular Meeting 11/17/OS Page 17 Mr. Reese felt the Village would need the extra train to blend the products if new regulations come into effect down the road. Vice Mayor Watkins asked if they had any Ievel of comfort this project was doable in the timeframe. Mr• Reese indicated it was doable, but cautioned Council there is always an element of uncertainly and risk when drilling a well. Village Manager Couzzo explained he read through the agreement and there may be some leverage in negotiating an extension under some circumstances. Mt. Reese agreed there is a provision in the agreement to an extension under same circwnstances, but noted they are very serious about the deadline. Council Member Genco nated because the Village would actually have more raw water at our disposal that we can process withaut another train; she asked is there a requirement from SFVVNIlID that the Village would be able to process the water, or sunply that we drill to water that we have available. Mr. Reese indicated he had not seen that ut the agreement, and he was nat aware of any SFWMD criteria He mentioned the District was going to encourage everyone to do that, because that was the whole goint of the alternative water supply was to put wells in the ground that altow anyone to withdraw from the deeper aquifer and take the strain off the surifical. Council Member Genco asked if Council utilized the Reserves that we now have in the water utility does it mean that the Village would not be able to refund the bonds eazlier. Mr. Ori agx'eed the bonds could not be refunded. Council Member Genca indicated the Village coutd keep the debt the ssme way it is. Mr. Ori indicated he did not recommend that the bonds be refunded. Council Member Genco felt the Council may be leaning towards refunding the bonds if the Village continued to build up the Reserves. She noted it did not make sense to build up the reserves and not do something with the money. Mr. 4ri stated that ls �°rrect, a�d �'�'�ti the Village has been doing witth the reserves what he can see is putting it � , back into the system through cash funding capitat projects, and building the eq�tity up. He comrnented that is a positive thing. Council Member Genco pointed out she is not in favor of incu.rring debt. She menrioned everything that the Village has done up until now, including keeping the ad valorem as high as it is has been to not incur debt and not increase ta�ces, and she would not be in favor of taking money to spend money the Village does not have. NI�'. Ori stated he felt the Village does have the money to spend on this project. Council Member Genco noted the philosophy of Council was to not to incur debt, and to eventually lower the Village's ad valorem tax. Council Member Paterno noted this was from the water utility side, and not directly affected by the acl vatorem tax. He commented if this would better the water for the residents; since the Viila�e wvuld need to do the well in the next 3-5 years; and the price will go up and to ha�e no debt; he 17 �' � i - MINUTES - Village Council Regular Meetmg 11/17/OS �: page 18 � ` would be in favot of doing the project. Council Member Patemo sta.te communities that � water was like gold, and the Village Was ° water} i aft�r the h��anes. He had water the whole time (g�� q�lt3' u t �he plate and rtunity far the Village to steP P � "�,ell stressed it is an oPP� .�er ahead. He supported dri11ing move Tequesta. one step of the immediately by JanuarS'� a�d for Mr. Reese to start the engiiieering • e within 45 days. Ivir• Reese explained there was a Pernut�g p i p e 1 m d the design eould exercise to go through t h at he c a n n o t c o n t r o l, h e a g� e uesridned how long fox be done in the 45 d ays. Co u n c il I v i e mber PaternW u1d be permitting un de r � ��ng. Mr. Jenson noted the County S� Reese noted at and the were typically 45 to 60 day • er Couzzo the roadway y �nitting• Village Manag least a couple of months for I� et the contract for commented simultaneously the Villag i� on danather govemment the well construction, and try to p$�3' contract for the piping• mber Genco asked where was the money go�g to come from• Council Me ` ,�,ou1d have to come fram Village Manag� Couzzo noted the money Reserves. Council Member Genco asked a�t u e�en t a�'e �� and if it would be enough to meet the tw �9 now. Mr. Ori sta.ted yes, the Village would be able to meet a11 the e r uirements. Council Member Paterno pointed out this Pra3�� caverag. �l e �.� �d how much money does the Village is going tQ 1�e go�g on for a y S �� if the excess as he reG�s accumulate on the revenue side. Mr• 4ri e of $300,000 -$400,000. Council I�rlember P�° r '"� �� e would ha�e another $300,d00 to $400,000 explained in a year the Viliag e Manager Gou�zo indicated this built up to pay far this praject• Villag �ess other project would need to � ho e fully reimb�ursed by September: He arrangements aze made, Pe t�ds, or do asked does the Council want t adan �� eas d He � it would be �ey �,vant to wait 3 to 4 ye� �ould haP1�n CO�OII Member Genco paid for by Reserves, but anything p�i stated asked if the Village has $1,000,U00. in reserves to spend• Mr• yes. er noted there aze variables in a project like this, such as not Village Manag etc. Vice Mayor be able to secure the "�'ell d��e �n�o �d be f the Village does Watkins commented a worst do not get the grant funds• She not make the timeframe and they ro eet mentioned this waul� a�so force the Village to take care of this P J down the road. Council Member Paterno called the question. Mayor HumP�e commented the Village was looking to ha�e �° dO �S � or 5 years down the road anyw'aY. � 18 i � MINUTES - Village Council Regular Mee�8 page 19 mber Genco stated the Village has $1 million�� $1 �2 mill on. § Counc�l Me t funds . that is a1m would be receiving �� e much more than that• She noted She felt tlus should not eost the Villag or Watkins Vill e could afford that, but asked for no de��i �Ma� � � � �e Village has been b 8 sta.ted it is a good thin8 er Couzzo eed no debt. Village ��technicallY Council Member Pa�O � t money, the Villag pointed out by accepting this � ro ec and commftted to things o through with the p] � eering design fees, committed ta g� ch are the en�in techtv.cally nat yet on the agenda, whi ction costs• Council Member Genco asked �f the V�� and the constru could do the projeCt for $1'/2 million dollars or less. v� es it should come in around $1 million —$1' nded in Couzzo stated Y� Couzzc� respo Vice NlaYor Vi�atkins stated �n the timeframe; N1�• affutnative. ravided with a � Council Member Genco asked if Council was going to be p in the future on the projected needs and service am.a. study or update art of the Co�sumptive Village Manager Couzzo stated tt�t WO�d be P cil Member Genco indicated she would lik Counc'l that Use Permit. Coun information sometime in the near future. Mr• R� �� a po�ibility during the ConsumPrive Use permit prOCes t for this well, now you have that SFWMD could say they gave us a g� . e train• He stated they could gitve less water on the Surifical and put in th Wells. Council Member Genco statea it �°�d make us move to the deeper double the cost of doing the Well to $3 million dollars.v h�e v��e �e Village would be in debt. Mr• Reese felt theY �'�'ouZd gi to do that, but the possibility is still out there• Village Manager Couzzo tive Use permitting PLO�� s could be noted durinS the ConsumP factored into the Pe�� d it will save the Village some money. unci� Member Paterno asked with the extra water eo Co�o m�t on d CO - in the other direction toward Jupiter. Village �t��ect with Jupiter, so the V illage is gaing to develop an emergency ' the event the Village has a failwre� or Jupiter has a failure� �ey CO�d go � R�se indicated it is physically possible, with both directions• M�'' but they w4�1d probably not want to buy water engineering and money, from Tequesta• orne Hawkins rea�1 for the record the title of Resolution 28-OS/06. Att Y ' e M or Watkins moved to approv� Resolution 28-OS/06; seconded by MO`TI_ON; Vic a1' Council Member Paterno; motion passed 4-0. Couzzo nated he wanted to extend the Village's thanks V illage Manager t money. to the SFWMD for the gran 19 MINUTES - Village Council Regular Meeting 11/17/OS Page 20 Council Member Paterna thanked Mr. Russell White, Public Services Manager for securing #he grant money of $484,000 and doing a great job. X. DEVEL4PMENT MATTERS 12. a) Conceptual Presentation for the Atlantis project, located at 740 North U. S. Highway One. b) Quasi judicial Public Hearing for Special Exceptions. A11ied Capital & Development known as Roya1 Tequesta located at 740 N. U.S. Highway One to a11ow a Planned Commercial Development in the C-2 Community Commercial District. Mayor Humpage suggested taking Items I2a and 12b together as quasi- judicial items. Attorney Hawkins swore in 6 people. Ms. Catherine Hazding, Director of Community Development noted the applicant Allied Capital and Development was applying and appearing before Council to request a review and is seeking approva� for a Planned Commercial Development (PCD) within the C-2 Commercial District. She indicated a PCD is a special exception use within the C-2 Gommercial District, as stated. in Section 78-251 of the Village code af ordinances. She mentioned a Special Exception use is allowed under Section 78-177d(3). She indicated the Special Exception was approved by the Planning and Zoning Advisory Board by a 4-0 vote at their July 7, 2005 Meeting. Nir, Terry Lewis, Attorney, Lewis Longnnan and Walke�', and representing the applicant introduced his team, Ms. Sherie Pavlick Mr. Ed Oliver, and Mr. George Gentile. Mr. Levvis clarified Council has before them two items. He mentioned the Village code obligates the applicant to come farward to ask for a special exception, with a coneeptual plan. He felt it made sense to describe the conceptual plan, and then go through the eriteria in the code, Seetion 78-362 and 78-363. Mr. Lewis noted the only comments he has aze preliminary to NIr. Gentile's presentation. He mentioned Royal Tequesta has been working with the Village contint�ally since July 2004: He explained the amended application that is before Council this evening has been deemed complete by Staff since 3une 2005. In addition, he mentioned the current request before Council is for a 5 story, mixed use development with a 74 foot elevation, and 79 condominium units and commercial space. Mr. Lewis reiterated the Planning and Zoning $oard reviewed the request in Ju1y 2005, and made a unanimous recommendation for approval. He explained after fiuther discussions with Staff the project has been mudified and naw reflects the 5 stories. He pointed out this was a 6 stary structure when it came before the P&Z Boazd otherwise the project is unchanged. He 20 i . MINUTES - Village Council Regular Meeting 11/17/OS page 21 mentioned procedurally all the mailings and published o�i 1 ed ru�th H� required for the quasi judicial public hEanng had b� p indicated the application the applicant filed with the V�llage dnes address each of the seven criteria is Section 78-362, and the 12 criteria in Se�tion 78-363. Mr. George Gentile, Project Planner, President, �n�� me he O'Mahoney Assaciates and representing the apgl would Iike to extend lus condolences �o�n � l��° �o �� n � Resnilc. He notsd Council Member Res before his son went into the military. � ��ed his son is now in his thu'd tour in IraB• He ind��t� Council Member Resnik was a big inspirativn for his son. 1VIr. Gentile mentioned he would go though the conceptual site plan, but noted the actual site plan would havea o o m� S�ial Exception use. review at�d comments, should Council pp 1� to the P&Z He commented the applicant had. Provid� �s c°nceptual p Board, and as stated in theu minutes, they thought the plan looked good. He explained the prol�eriY �s ab°ut 6.�r � devel pmen He noted tb► p an wluch allows the PCD for the conun is for 7,500 square feet of commercial on the bottom floor, with 2levels of undemeath the building with aPProximately 194 parking spaces. paz rovided two amenitY areas for the residents He stressed the applicant has p to use. � He reviewed the conceptuat plan, noting the project entry is off U.S. Highway One, because it is bound on all sides with developed properties• He mentioned the Casa Del Sol project is to the north, which is three storY residential townhomes, and commercial property He commented the Atlantis project has a loop access road around tha en�t�o�� provides access for emergency vehicles i ll� as providing a large scrub of the praject site. He mentioned the app � jay habitant preserve area in the southwest portiou o ��P �rt3' �n substantial buffers on both sid�es U S �e g H � �� .e �so between the parking azea an incorporating a lot of wat�r into the project, a water feature at the entry ways and water features at the access points for the residents, so that there will be a continuation of that theme throughout the entire project. e of 20.6%, which is well below the Mr. Gentile r�viewed the lot coverag n S ��t is allowable lot coverage for the C-2 District; the � be e �� y aze allowable is 20%, and this project is at 55%, mainly preserving a lot of the area for habitant, a�e ire si e, and alo g U amount of green _ and buffer areas aroun One. 21 3 � . �VIINLITES - Village Council Regular Meeting 11i17/OS page 22 . ; arlcing for , guests . NLt. Gentile noted they have also provided additional p ,` and 30 spaces for the commercial site, atid although only 158 parkin8 = s were �irecl, theY aze Providing 194 spaces. He mentioned the 1 space � hard to come into campliance .v�nth the applicant has worked very liG �.�� is regulations of the C-2 Distrie � 2004 o r quest that now meets the C-2 building from its �t�ai phas roximately 54 feet to the height regulations. He commented they are at app flat rtion of the raaf from the grade of t1�is project; and are at the �� f�t P° int of the architectural: roof elements, which meet the height at the mean po - p licant has warked height requirements in the C-2 Distriet. He not� h i� P � creas � g � , very diligently redueing the dens'e aiready has in the code to make what _ the requirements that the Villag they tliink is a fantastic project for the Village of Tequesta, as well as � derstandin8 the Village wanted them to meet the .code�in 0 k l�d . un development regulations and to come together and m e i Gentile mentioned he was goinS to move on the PCI} request untess there were questions on the conceptual presentation. Council Member Genco asked if they had an elevation at�U� S�. On �ld g Gentile commented it was northeast. Counc'1 Member Genco asked for an is on an angle fa��ng �e 1�� at the building on U.S. �astern elevation i€ someone was standing One.1Vlr• Gentile indicated the applicant did�� a Q��d d have an east completed at this time. Mayor Humpage Po it was not in color. He elevation in tlie packet. Mr: Gentile agreed, noting also notec� all four elevations were included in the pa�lcage. He commented being a conceptual review he knew they would be coming inted out the elevations were provided. in llxl7 back to Council• He 1�0 and the bigger size plans• Co�C� Me�ber Genco clarified she was �ovking for the archite��turai elevations. e was the existing grade. Mr• Vice Mayar Watkins asked if the grad e is at U.S. One then gces upwazd to Gentile eommented the property g� the back of the property Vice Mayor Wa� noted her poi�t be�g� �ey e to make room for the praject. Mr. were not adding to the existing g� e �� ng �� `,�,� a Gentile sta.ted they were using the existing � so it will be concern, so they were going below grac�e with �e par'king under the building, total1Y covered on the north, south and west sides. He mentioned they �vere leaving the grade where it is, and that there are approxunately 30 p arking spaces that are on grade ancl visible for the commercial space, but the rest of would be hidden. He commented the resident parking would be screened which is a requirement in the PGD regulations. I � + 22 l MINUTES - Village Council Regulaz Meeting 11/17/OS Page 23 Council Member Genco asked the percentage of commercial versus residential use far the building. Mr. Gentile explained they have 7,500 square feet of commercial and if you look at it based on the lot coverage area, which is the footprint of the liuildin8 because they are units, it would. be approximately 14%. Council Member Genco clarified 14% of the footprint. Council Member Paterno indicated he sa.w a number of 275,000. He asked what the applicant was counting as the 7,500 square feet for cammerciai space. Mr. Gentile pointed out it is in the front area of the building. " Mr. Ed Oliver, Project Architect, Oliver Glidden Spina. and Partners and representing Roya1 Tequesta pointed out an the plan, on one corner they 1�ave two levels tha.t are available for commercial use; one is at the main lobby level of about 3,900 sc�uare feet, and below that is another identical level. He mentioned the way it is set up on the plan is that they have the abitity to have the resident's traffic monitored at one point, but still have the 30 spa�ces out front with direct public access to th� commercial space. Council Member Paterno clarified that the commerciai levels were 3,900 square feet, and another 3,300 square feet was beiow the grade. Mr. Oliver responded in the affumative, noting there was a change in grade going from a very Iow e�evatian at the street to a very high eievation at the back corner of the property. He stated the Iower elevation was accessible from the pazking spaces and the sidewalk. Council Member Genco commented half of it is below natural ground, and 1�alf of it is above na.tural gtound. Mr. Oliver pointed out someone would enter at mid level, and go down a bit, or up a bit. Council Member Genca asked if it was Iike a split- level. Mr. pliver agreed. Council Member Genco asked if the project was 1'/2 stories above natural ground. Mr. Oliver sta.ted someone would enter at mid level in between two levels. He stated they were not altering the grade, but it was not 1'/2 stories. He noted this was a conceptual plan, and that this site would still have to come in for final plans and design. Council Member Paterno questioned the total square feet of the entire building. Mr. Oliver stated abaut 157,000 square feet of air conditioned space, not counting the slab azeas of the balconies, and does not include the underground parking, wluch was typically not a requirement for floor area ratios calculations. He noted about 157,000 square feet, which included all five levels of each of the two towers, along with the lobby space that connects in beri'veen the two towers: Council Ntember Genco asked if any of the residential would be at or below ground• Mr• Oliver noted a11 residential areas were above grade, and the only azea that was partly submerged was the commercial area. Council Member Genco asked what type of commercial use the applicant was proposing. 23 MINUTES - Village Council Regular Meeting 11/17/45 Page 24 Mr. Gentile stated at this time they do not have it leased, but indicated they have had interest from a health club, a fitness center, and some retail. �Ie noted it woutd depend on what they get at the time of the project. Council Member Genco asked if they allowed for enough pazking spaces for whatever use that might go in• Mr• Gentile feit they had ample parking for the commercial use. Council Member Genco asked if they ha.ve a unity of title for both pieces. Mr, I,,ewis stated as far as he knew, yes. He indicated. he was nat their rea1 estate lawyer, but so far as he knew, yes they do. Council Member Genco _ noted the last time she looked _ they did not have it. Mr. Lewis stated he would confum that for Council Member Genco. Council Member Genco indicated that would be the next thing they have to do for the next review. She asked what they felt would be the benefit to the Village by having . these residential units. She asked how many residential units were proposed. Mr. Gentile stated there are 79 residential units. F�e commented the allowable : residential density was 86 based on the code. He felt the residential component was a benefit to the Village for a numbe'r of reasons. He stated as a Planner the residential components adjacent to the property make it compatible with the residential use of that area; there is r other cammercial space, within the corridor of U.S. One, tha.t these residents will provide another user for those commercial azeas, rather than bringing in more competition; and it would bring in more users within walking distance of the commercial areas• IVI�'• Oliver stated tllls vacant piece of property was not generating any tax revenue or water usage. He commented it �vas an apportunitY to develop this piece of praperty and that it is a good location relative ta their neighbars to the south, and Casa Del Sol project to the north. Mr. Gentile felt tbe design comgliments that azea of the Village very nicely, and the market response for the sale of - residential property in a Viilage like Tequesta is very strong. He noted the Viliage has an excellent reputation in terms of a place to live in a c o m m u n i t y, a nd that the y think it will be a benefit to the people that live in Tequesta. Council Member Genco asked what the applicant purposes for the interior ceiling heights for floors 2, 3 and 4. Mr. Oliver stated the ceiling heights will be 9 feet, the bottom floor will be higher to accommodate the lobby and the recreation rooms and the top floor will also be higher. Council Member Paterno asked what the residential square footage would be on the total residential space. Mr. Geritile indicated it was 4% or 5°fo. Vice Mayor Watkins asked if the commercial component was going to be open to the public. Mr. Gentile stated it would be open to the�ptub�i�n �oned � when the site plan comes back that could be someth�ng under the Special Exception use. Council Member Paterno asked if the averall height was going to be within the code at 74 foot. Mr. Gent�le stated that was correct. 24 MINUTES - Village Council Regulaz Meeting 11l17/OS Page 25 Council Member Paterno asked about the underground residentiaT storage units, and if that would be considered an a� �� M mber Patemo�fel that it would not be considered a baseme it was a basement and that it could reduce the height by 15 feet. Mr. Oliver explained the pro,ject has fwo parking levels; the upper pazking level has a 15-foot height because after speaking with Fire Cluef Weinand they felt it would be adYanta�eous to have the room to bring in emergency response vehicles, not fue trucks, into tha.t level. He commented the parking gardge is a garage as opposed to a basement, when you are talking about habitable space the garage has people in it, but they are not living there. He stated a , storage unit for a r�sident living in the building, much like a mechanical equipment rocsrn, is consi de r e d a use t h a t i s i n cid ental and necessary to the : functioning of the building, but it is not a habitable space. He felt they are not gaining extra height because they are putting their stora�e units in the basement; it is simply to accommodate the residents. Council Member Paterno noted that his interpretation is that it is a basement. Mr. Oliver pc>inted out it is sort of like a garage in Flaz�ida where you stare things. He � commented up north we ha.ve basements down here we have gazages. He stated if push came to shave .and they had ��l�nat �e �� of they would. He commented tha.t certau�ly their residents nor does it practically affect the height of the building. Mr. Oliver noted the actual roof height fr.o He nd cat d the archit tural property is 54 feet to the top of the roof. elements are not ha.bitable and are not enclosed, and represent less than 25% of the total surface azeas of both building tooftops. He cpmmented they are measuring 70 feet to the mid po �hitectural feature s where they as opposed to a flat roof vv�thout any azc could increase the overall height of the building where it comes up to the ?0 feet, an extra. 1G feet. He indicated that was not their desire to da that, but it is their desire to add the architectural. features.beeause they felt it adds to the Bermuda flavor o� �e � o for the developmen concept. compatible with what they are tsying to d one from 6 stories He noted as Mr. I.ewis commented the applicant has g to 5 stories in order to mai.ntain comPliance with the Village codes. _ Council Member Genco commented some condominiums have restaurants and fitness centers as closed memberships Sh S� ed it would be open to space would be open to the pubhc. Mr. Ohve the public. He clarified � the requirements of the special exception requires that the applicant demonstrate that they maintain that as public access. He noted the commereial space is totally p oted the resbdents mayebe able to freely accessibie from U.S. One. He n also enjoy the space, but the resident's only spaces would ha.ve to be access�d intemally. 25 MINUTES - Village Council Regular Meeting 11/17/OS page 26 Council Member Paterno asked everyone was goin8 to be charged the same rates if they were outside members versus inside membersi �ow, everyone woula be treated the sazne• M�• Gentile stated he di but that would be something that they can look a� a � � P� r but t process. Mr. Oliver noted they do nat have a te a pears a fitness center would be one of th� compatible us�els.v b i� He P noted the site wo u l d b e open t o p u b l i c o n a f i r s t c o m e �� once noted he co u l d no t sa.y what someane will do with a ma�keting p they lease the space: He felt it would not be� S C�� M mber Paterno the space and by to lock uP alZ the members P �e $I,OOQ, and outside clarified he was talking if they charged inside peop person charged $5,400. Mr. Lewis stated he supposed someone could do tha,t, Uut there was no law against it. Council Member Genco felt it would not be cansidered a public commercial are� if they did that• Council Member G�nco asked if the entire area inclu ��S �� he area would be under a Condominium Assoclation. Mr truly did nat know. He felt it would be a contorted kind nf �g i� �ey took th� commercial out. Council Member Genco indicated s�h� P°� af any reason why they could not have a commercial propertY a condo. Mr• Lewis stat�d he felt they can, that there was no legal baz of that. Council Member Genco noted the oniy onSoi�g issue for the Village would be the commercial area. Mr. Lewis agreed. Council Member Genco commented under Pl� bse�ction 2 c �e Development (PCD) which is Article 8, Section 78 255 su permitted building height is 4 stories, or 50 feet. She felt that was a conflict with a 5-story building. Mr• Lewis stated the former Co� � S Deve lopm e n t D i r e c t o r e x p t a i n e d t h at the SQ feet is an error, actually the 70-foot height. Council Member Geneo stated 78- 3 5 3, i f t here is a conflict it would be whatever was sta.ted in this se�ta��er �� She noted that is a problem because according to the b�la� Ca�cil does not have discretion to give more than a 4-story D elo ment Member Genco stated unfortunately the Community P department added that and it is not in the book. Mr. Lewis stated the CommunitS' Development Director is no longer with the Village that wrote that piece. Council Member Genco S fr m Munic'pa1 Code, and � Development Director did �'"� P�t t lt should be, and not what the because she changed it to what she though � codebook has. She pointed out the codebook says one thing, and they are Mr. Gentile expla.ined the C-2 loolcing for something that it does not say ro He stated if you go to District is the widerl3'ing district for this p pertY• m the section, it allows for a height of 70 feet, 5 stories. He felt that is e underlying district criteria. 26 � , - Vill e Council Regular Meeting 11/17/05 � MINUTES � � Page 27 ember Genco noted under the �-2 District it refe� Gent le Council M provisivns of Arti�� g� �d so the chart does no se o�look at,.because that _ indicated the chart is what the applicant is suppo o mEnt regulatiQns for the C-2 District. He noted �e �' i s � t h e s i t e d e v e l p specifically indicates the code. Counci l Mem b e r G e II � t �� e�cist �' says if t here is a c o n fl i c t w i t h a t h e r re g u lations; �. between t he s p e c i a l p l a n n e d commerciat development re g u lations l b e � Article, and Gene r a l Z onin g a n d 5 u b d i v i sion and o t her aPP S he ordinance proyisions� the special regulations in ArticZe 8, shall apP Y• Council needed to consider in looking at the entire felt this was something le of weeks ago when project. She noted this is where Council was a coup were trying to decide whether or not to �� e conc ptual � oin and proceed everything, or if Council was g g�' . with � ro ect. She stated Council has a choice of proceeding � review on this p j ories or changing it to 5 stories. Council Member Pa��° ��o� 4 st d v�rith Council Member Genco. He felt the pC �S � if � � o for a PCD. Mr. Le � supercede the C-2, if they were g� but noted if you read someone was to read the code they could get there, � d�.�itian tn pCD, it says that the allowable the permitted building heigh in the PCD should be the same as building heights for the buildings provided before in C-2 zor►ing. cil Member Paterno commented uniess tb.ere is a confl�i�Ct�� Coun conflict, it just says rt shal poi.nted out it does not saY however, at the provided in C-2 zoning, and than it goes on to say, discretion of the �llage Council, building heights may be increased to a n�iimum of 4 stories or SQ feet. He stated that� � C� �� s state� Member Paterno ag�eed, and stated there is a there is a conflict, but the first time he enco �� a�= �� Newell about it, he pulled the ad°pt� ord that it is a scrivener's error that has never bee �a f p�� S oder Genco questianed which ordinan e o� �G��d �carrectly, and as it 11tir. Lewis indicated the languag $ . reads it makes absolutely no sense. Council�M � f � e � �o s 70 and 50 feet were consistent. Mr• I.ev�s qu 4 stories feet, Council has the discretion to increase the height to 50 feet, tha,t does not make sense. ' Member Genco indicated the codeb°°k W�s �opted, and replaced Council ordinanae before t�at. She agreed there is �nythtng that was resolved by no doubt there is an inconsistency in the code �i C��? �� P��l what prevails. Mr• Gentile noted the orduiance Member Genco S l�� ,�s codified into the codebook. comment�d Council approved the xe-codification of the code• Mr• Gentile noted Council did not readopt the ordinance. 27 MIl�TUTES - Village Council Regular Meeting 11/17/OS Page 28 Council Member Genco pointed out they do not have to, because everything is null and void before that. She explained anything that is adopted is replaced by the code when Council adopted the recodification ordinance. Mr. Gentile sta.ted when someone does a resolution and there is an error and the text is different elsewhere, you go back to the adoption ordinance that the Council adopted. Mr. Gentile stated an ordinance was adopted that Council had the discretion ta go f staries, 86 feet. He felt the recodification does not rewrite the code, that it was a scrivener's error in. the text. Council Member Genco indicated if the code was recadified after the ordinance was made, this code is the one that would prevail. She commented this code was adopted along with the Florida Building and Zoning code: • Mayor Humpage cbmmented Mr. Gentile feels that there was an error � made of how it was written• He nated Council signed Qrdinance 390 in September 19$9, and it has the heights of 5 stories, 70 feet. Council Member Genco indicated it references a lot of things in the same ordinance that aze no longer the same numbers• Mr• Lewis noted unless . there is specific repeal of an ordinance or amendment to that ordinance, the ordinance should stand. Council Member Genco indicated the Village no longer has an Article 16. Mr. Lewis stated the Village does have an ordinance that specifically speaks to the height of the staries, and that it � has not been repealed or amended since 1989. Attorney Hawkins indicated the way it is framed, he understands Council Member Genco's point, but Yhe Village has an internat inconsistency that does not make sense, but the Village atso has a variance with the schedule. He noted they also have the mandatory use of the word "sha11" and when he would argue statutory construction the word "sha11" means that it "sha11" govern. He commented when the code says that it sha11 be the same limitations as G2 that is a mandatory statement by the fiamer that it shall be. He stated tb:ere is an inconsistency, as Council Member Genco pointed out, but the schedule says 70 feet, and there is mandatory language used ta refer back to C-2, which is the underlying zoning- He sta.ted there is language about the conflict, he understands that, but he interprets statutes everyda.y and the presence of that term "sha11" is important. He noted he is mindful of Ordinance 390, which talks about 70 feet, but he is not specifically aware of where that was �epealed. He indicated he has not seen a document to indicate that. Council Member Genco stressed that she was under the assumptian that Council adopted the code that is in the current black book, and that Council repealed all the prior ordinances that were adopted. She noted it would only make sense to her, that when the Village is trying to look at the ordinance and reference the sections it is talking about that they do not exist anymore. She commented if you are going to Section 7, it does not match with the Section 7 in the black book anymore, and does not match with subsection a. 28 MIN[TTES - Village Council Regular Meeting 11/17/05 } Page 29 � : She indicated none of it matches so it is obvious that ordinaitce was repealed when this was adopted. Mr• Lewis stated he disagreed with that• Council Member Genco commented when you do an addendum, you red line and black line and add in, you do not reference the code with hav�g the same numbering and the same Articl�s. Mr. ou do not r� it a statute fairly standard rule, statutory construchon, that y ePe� by implication. He commented there is no repeal of that ordinance. He explained the applicant has spent six months abiding by that, and taking the direction on just that point. Mayor Humpage noted when he goes back and reviews the otten from Planning ana Zoning Boazd and communications hE has g /70 feet. He felt Community Development Staff' it is all the same, 5 story Council should look at the way the Village has directed these people. He stated the Village has been directing these people for a year on 5 stories/74 feet and naw the coin is being flipped on them. Council Member Genco felt that it was verY imPort�t to bring up. She noted the building height was at 70 feet, but the top of their parai�et was at 84 feet. Mr. Gentile agreed that goes higher, he noted the height is measured to the mid point of a sloped roof structure. Mayor HumP�ge agreed �e P�pe� on the rear elevatian roofline exceeds the 7� �e b�� g height�d��ted th� code excludes those in the ca1culatYVns o Council Member Paternu noted at the �e ��t was correct. Nir. discretion to do any height they choose. He asked if Gentile agreed, and indicated he was just tcyin$ to explain what the code says. Mr. I.ewis stated if the applic�nt eomplies with the code, they are entitled to a 70-foot height. He commented how Council intends to interpret that feature of the btulding is in the eYe af the beholder. Mayor Humpage noted he was surprised the largest section of the building on both sides is for the elevator. Mr. Oliver stated the life safety code requires that in a building this high, that Stairs go to th� roof. He stated in every jurisdiction that he has ever practiced in for quite sometime, things such as elevator penthouses, which the override far the elevator stair towers above the roof for those purposes, things such as paraPets a�'e unilaterally not included typically in building height. He noted one thing is these architectural elements are not solid, they are open; � but if they were solid you would go half way up the slqpe for the mid point. Mayor Humpage commented the elevations from U.S. One run from 16 '/Z to 17 feet to the center of the road, and then it goes from 17 feet to' 3Q feet in some areas. He asked if that was the natura.� slope of the land. Mr• Oliver clarified the elevation is at 15.4 at the driveway, and the northeast carner of the property is 14.5 at the edge of the pavemeso e f et a�t the existing topograp hy goes fr o m t h e l o w p o m t u p t o 3 0 southwest corner of the property. 29 MTNtITES - Village Council Regulaz Meeting 11/17/OS , ';! Page 30 Mr. Oliver mentioned the first floor lobby level was at elevation 26.0 feet. He stated from the code the way the building height is measured is from e surrounding the building. He stated they believe they the average grad that Council would see more than satisf3' that. He indicated he would hope i exception the benefit of this project moving forwazd under � SP�� roval approval, so that theY can come back in for the formal site ptan app with the details. Mayor Humpage coxnmented one of the things under the special exception is that they should be eompatible with surroundmg area- He stated if this project has the topography it has that he did not feel there were in the same ballpazk. He noted this project is going to be 30 feet higher than Casa Del Sol, and as high a� the St Jude Cross. Mr. Oliver stated they would be quite a bit further away from the road. He noted when he was the azchitect and analyzing the Casa Del Sol site, they studied a taller building, but they had a Mobile gas station in front of the project, and the development team decided not to do that. He stated they decided from a market standl�oint on that location to build a 3-story townhouse, with the commercial to the frant of the residential. Mr. Olivex comrnented on this particulaz project the�amo� o n g � space t h at t hey are a b l e t o p r o v i d e b o t h l a n d s c a p e d as P e � is e n h a n eed b y the abili t y to take aci�'antage af the Village's portion of the code that allows them to go wi�h Councii approval up to that 5�' floor not to exceed 70 feet. He noted less than 25°l0 of the roof plan area of the building is represented by these tower elements. Hs felt that was a real plus. He stated if the Council came back and said just do not do it when they come in for the site plan they would not, but they think it is a better project, and it dc�es not ge t t hem an y t h i n g if it is eliminated. He felt it helped add some t h i ng to t he a r c h i t ectural character of the building. He stated these are comments that theY want to hear. se and intent of the Council Member Paterno read from the code the purpo ue commercial PCD. He asked how the Village was going to have a uniq oriented focus on this project. IVIr. Gentile eommented it is unique that it is a mixed use, with a commercial component and residential units• He noted that Section also indicates and establishes a living environment in the PCD as well. He felt the applicant has accomplished that to make the ProJect successful and unique by having a commercial component that is integrated in with the residential units• He felt they were meeting the intent of the PCD ordinance. He mentioned he spent a week of his time when the Viliage was going through the Charette meetings. He stated he knows what the intent was to provide the ability to have a mix of uses, not only just on one site, but mixeds d n��component into the area ""as a district. He felt bruiguig the re benefit to the ather commercial entities that already exist. 30 MINUTES - Village Council Regular Meeting 11/17/45 , Page 31 He noted they brought a commercial �ntity into this to provide a mixed use, which is unique itseif, because it is actually integrated into the building. He indicated the Village does not have it anywhere else on that comdor. He felt they meet the intent and the past historY of Tequesta. He suggested they have missed on a lot of areas in the StudY area, from Tequesta Drive, north to County Line Road by not integrating mixed-us�s, putting commercial inside or with residents above it, Council Member' pa�erno commEnted thits PCD is within the C-2 Community, and the Purpos� of the C-2 is "this District will serve the community at large and provide a mixture of convenient goods and services that offer a greater variety of use then permitted at a . neighborhood level: ' He asked how the applicant was providing services in this commercial area, and building. Mr. Gentile indicated he did not know what wotild be going into the commercial space, and there may be some uses in there that would bring services to those residents and to the surrounding residents in the area. Council Member Paterno pointed out the applicant was proposing less_ than 4% of the property for commercial that will be serving the public at large. He felt the intent of the PCD was ta establish a unique opportunitS' that a�so serves the public, the whole Village. He stated �ha.t is the intent of the commercial distriet, which is a subset. Mr. Gentile commented tb.e G2 District also permits a PCD, which is the way residential comes into that mix. He stated that is the only way a developer can put residential in a C 2 District. Council Niember Paterno stated that is correct, but felt the percentages could be switched around to make it 96% eommercial and 4% residential. Mr. Gentiie agreed that could be done by a deveioper, if he felt that was the market for tb.at area. He noted by putting in more commercial the Village would have more impact with tr�a �erVi IagealreadY has a og commercia1 azeas along U.S. One. He of shopping centers that have a tremendous amount of vacant space. Council Member Paterno asked Mr. Gentile his opinion on the intent of the commercial district. Mr. Gentile stated the intent of the commercial district is to provide commercial services to that area. He felt the Village in the past set that district up to a11ow for a mix, because they knew it had to be fle�ble enough for the Village to handle whatever mazket comes along for that area. He noted that was bas e alWe the i wh an�d� � g� s t u d y az e a. H e c o m m e n t e d t h e V i l l a g . concessions on traff'ic, and other issues with the Department of Community Affairs (DCA) based on that flexibility. Council Member Paterno commented o�1 Mr. Oliver's earlier comments on the Casa Del SoI project and that they built a 3 stary building behind the commercial, and that they thought that was in the best interest of the Village at that time. _ 31 Iv1iNUTES - Village Gouncil Regular Meeting 11/17/OS Page 32 Mr. Oliver stated from a planning and azchitectural standpoint the reasons that the Village has a Planned Commercial District (P az and Residential District (PRD) is to be able to vote differen iece of planning solutions to the properties. He indicated this parricular p prapert} has very narrow frontage. He felt if the pieces that have the commercial pxoperties closest to the raad, are the more succ�ssful ones. He stated if the commercial goes deep, the Person in�the °ery back corner generally has a tough time. He noted this is very much true in any city. He Stated i�n the analysis of Casa Del Sol, a different project, a diffe�ent time, and different client, the developer had analYz�d �� Project and felt the mast appropriate response to his site was a 3-story townhouse project. He stated this deveZoper after a great length of time, and a Iot of analysis feels that this �roject can be most successful, by insertinS the residential component. He stated it would not be Possible to put all this comme�ex� and have way back away fiom U.S. One. He stated the aPplicant is askiug for a special exception, so that theY can co�e back to Council in detail to � do the site plan very soon. He noted they do not think that it is inagpropriately placed. Mr- Oliver stated if Council does not want the towers. they would take them off. He stated tlieY az� �quesririg Council's approval to move forwazd. He indicated the Prol�rt3' ��n vacant for quite some time doing no one any good from an ownershiP standgoint or a ta.�c stand�oint. � Vice Mayor Watkins stated she knows the applicant has been working on this project for a very long time, and she has tried her best to go through the code, and the backup materials that were provided• She stated she has lived in the Village for 28 yeazs, and understands bow it is really a great place to live. She commented the residents here aze very praud of it, and t�iey have chasen to live here. Vice Mayor Watkins felt Tequesta would never support major cammercial, and that the Village does not have the population that can support it. 5he stated a week does not go by that someone asks t hat a Tazge t, or w h a. t e v e r c o m e t o t he Vitl a ge. She felt no big store like that is viable here �'rom the impact. on them fmancially, so she suggested it was important that the Village have enough businesses and professional offices here to support the residents and their immediate needs. She reiterated she personally liked the reside h�mPon � m� She sta.ted she'would never want to see a 12-story p j units. She sta.ted she did want to see a commercial: component that is going to be open to the public, so she supports thaz. She felt Council needed to look at the Village as a whole, and this was going to be at the north end, and not central to downtown, and also next to another residential project; she felt this would be gaod for the Village and the people who Iive there are going to frequent the shops arou�d �em, and that she personallY supported it. 32 MINUTES - Village Council Regular Meeting 11/17/OS page 33 Council Member Paterno passed azound some pictures he took from the Villag,e Manager's office of the elevations from his office. He mentioned he noticed the church steeple _ and how high it is, so that everyone, � including the Council will xealize how faz this project will stick up in the j horizon. He reviewed. the pictures, and indicated he had concerns fdr the residents that would be moving into Casa DeT Sol, that this building would be aver them approximately 30 feet. He felt in the wintertime they would never see the sun. He suggested Cotuxcil needed to look at the general compatibiliry wit� the adjacent properties, and other properties in the District. He commented there are na other residential properties such as tlus on their site, not even close. He noted it was approximately 60% higher then the residential next door, that was at SO feet. Council Member . Genco commented she understood that the Casa Del SoI property next door was pretty much sold out. She asked what were those peopie told when they bou$ht the units would be their neighbor. She asked if they were told there would be a 5 story buildin8 ne� door, or wcre they even asked. Ex Parte Communications: . Cauncil Member Genco indicated she did not have any disclosures. Council Member Paterno indicated he had not spoken with anyone. Vice Mayor Watkins commented she had not spoken with any o� the current representatives, but had conversations with the original group of representatives Mr. Burkhart, Mr• Mash'oann�, Mr• Ed Oliver, and a fourth gentteman that she could not remember his name. She stated the conversations were regarding a proposed drawing of the concept of the Atlantis project at that time. She stated she was Mayor at the time and encouraged them to work with the Communit3' Development Department and the process. Attorney Hawkins indicated that would �ave been back in Fa11 2004 if she spoke with l,Vfr. Burkhart, and that it was a text amendment application. Mayor Humpage indicated he visited the site and spoke to Mr. Lewis one time on the telephone regarding his take on the praject, and he told Mr. Lewis if they stick with the code he would not have a problem. Mr. Lewis stated in respanse to Council Member Paternds question, for the record, what Council has before them is a completed Staff report that was prepared by the Staff of the Village; it methodically goes through all the criteria that applies to a PCD development. He stated the only question that was raised in that report was as to the definition of a gazage versus a basemen� He noted the issue of compatibility with the neighborhood, the issue of traffic, and the issua of the compatibility of the uses proposed with what sutrounds them, was questioned in the positive by the Village 33 MINU�S - Village Council Regular' Meetmg 11/17/OS page 34 e mentioned that is a part of the evidence of � of the S� H re resented was the g� Council Membe�' Paterno Stated a11 they P sition. ` building, and the hekght of the back area, and that S�t Newell s report, oes tbrougb. � �, �v�ris stated he believed if e ery o� of the criteria. C9uncil Member he goes point by point through Genco asked if that was the application that was withdrdwn. Mr. Lewis . s stated it was not, it wa� amended �� s was the�a P C at�i° reduced from 6 stories to 5 stories. He �ndr Bo �� J�y Z005. �: that was b e fore Planning and Z��g Advisory lica.tion was for t he S p�i� Council Member Genco �sn� 1 t� a Council Member Genco p�� Exception. Mr• Lew�s �SP° that it should not have out she did not know why it went t d She fel tthis should have been the gone to the planning and Zoiung Boar Ie told that hought first step in the Pro��ss. She asked wha.t we�re the P�� , `,�,ere told, at Casa Del Sol. Mr. Gentile stated he resent that bought there, but some of the property o�e� w� P the applicant was present for the PCD IVir. Gentile stated �s evening l and that they review. He noted they will come back with the site p�, resent for the conGeptual• Attorney Hawkins men�ior�ed this �s were only p ro ect. 1VIr• the first time tfiat Council has been together to talk abotrt the p j Gentile reviewed the criteria the applicant was to meet for the PCD under uired for apprtoval• He Section 78-3b2, and Section 7$'�6�� ch is req distributed to the Clerk aculitional inform�O��° t�� h included his presentation this evenu�g � � Gentile indicated there are 7 items under See a��'� Bo d ac a� Staff after review and prior to Planning a� eed that they met all the intent of those II o noted the Council ps the � use, and compatibility. Council Member Ge one that has to give comments noi anather Board. Mr• Gentile stated h�e �anning professional opinion as to how the app needed to give his p meets those, and then Council needs tv re � S o �� e ��e ��ey applicant prepared over a number of mon � licant exc,eeds the are compatible with all those issues. He noted the oP� 1 �� e C-2 paz�ig requirements of the project, and that t1�ey p Y District regulations, with the height, and other items that a11ow t�iis use t° take place. Mr. Gentile reviewed the criteria under SectiollnSive � an�g °�e applicant is in comPhance with the �°mprehe P ess and egress in the proposed project will nos pr �d�y project; �e ��' He mentioned they p� hindrance to traffi� flow, and fire safety- lete rimeter circulation road for fire rescue to get to every put a comp Pe other condominiums in point on this building• He noted there aze not many the north end that have a complete circulation road around the site. { � 34 MINLITES - Village Council Regular Meeting 11/17/OS Page 35 screened and buffered the ; He noted the refuse was done internally; they , area, and have ample landscaping, and over 80°/a of the pazking is totally i screened from the pubtic. He stated the signs will met the criteria, but ;; he stated theY would meet those since they are not on 1he pl�n, �ements,.and requirements. He stated they meet or exceed all the Yaz'd req aze in general compatibility. (Public Comments} 'The Village Attorney swore in 2 additional l�oPle. Mr. Russell von Frank, resident of Dover Road� d��er��O� � Member, ano � h�'has �ken with a lot of peop e about this project, and Board ment�. it �� e �ode, no everyon� said if it has to be, make sure to keep � changes or adjustments. H!e indicated one exception the people down at Waterway, espeeially one gentleznan who owns, and does a lot of buying and selling of condo's to make a profit He not � res g�� b y m re Von F r a n l c to k e e p h i s e y e s o p e n b e c a u� e t h e Y praperties. He mentianec� he presented to Council a while back pictures, and now he brought larger scale drawings to show Council regarding how commercialized it is now, and what it would ��k ei commented another building, ancl what could happen in the future. H roached this gentleman and theY Wo�d like to buy developer app Waterway, a� a purchase cost of a 1 /Z million a unit• Mr• Von Frank staterl the gentleman had also been talking wi� �e PeOp�e �O� where Publix is leaviug, and that is in the works. He stated he wanted Council to know of the potential development in the works. Mr. Neal Jagoda, and Ms. Nicole Jagoda, residents of Jupiter Inlet Way, Tequesta and the brokers involved with the Casa Del Sol project. Ms. Jagoda. indicated they have been telling and keeping ths residents abreast of the proposed Atlantis praject, and that the 12 stories did not get aPProved, and that something could be approved up ta 5 staries per the code. She indicated the residents did not seem to have an issue with that, and that they seemed positive that theY "'�outd ha°e another residential community near them. Mr. Jagoda. thanked Mr. Oliver fo uld be a�lus, and did at Casa D �cil Mem Patemo's erns� bu�that it would be un.derstood C positive thing for the area. Council Member Paterno asked if there was a determination regarding the e stated if this project $oes forwazd then it storage area. Mayor Humpag roval. He stated Council would have to be reviewed under the site plan app ` looking at whether to grant the special exception this evening. 35 MINUTES - Village Council Regular Meeting 11/17/OS Page 36 Attorney Hawkins stated if Council has a comment about the storage issue in terms of the interpreta.tion of the code; he suggested they put it on the table. He noted Council is adci�'essing � ned t come fundamentally what the developer mtends. H back for final site plan approval, but he is concerned about the fact that Council is looking at a conceptual which is the premise for the request for special exceprion. He stated they are relying upon that concept. Council Member Paterno asked if the special exception was passed Council could be locked into that cancept. Mr• Gentile stated the applieant would take the storage out of the building at this point that it is not a critical part to the project; he stated it was a benefit to the residents. He felt that would be something that would be discussecl at the site plan approval, but they would be glad to eliminate the storage from that area. Mr• Lewis stated to leave a record, he would stimulate, ha�i�� owledge that concept is in the design, if Council chase at site plan review to take it out, to say t1� is not compliant with code, he would not azgue that condition. He stated Council could condition the site plan approval on.that, and he does not think he would have any grounds to object. Mr. Oliver stated what he would like to do is leave the storage, si�ce they are at a canceptual level, but if it turns out that Council tells them t4 take it out, or that they can not have them that he would nat want to give that up right now because that is something that is imPortant to the residents because it is like a garage and their area to store things• He apologized to IVIr. Gentile for giving him the vvrong di�'�tion on the storage units. Mr• Lewis noted the Village has a definition in the code af accessory uses• He sta.ted it is typical that storage is an accessory use within a garage. He felt the definition was not absolute about that, but there is . flexibility to interpret it that way. He stated he agreed with Mr• Oliver, but he would ncrt raise a legal bar at the hearing on the site plan, and tell them that it was his opinion that Council could not take out the storage, at that time. Attorney Hawkins commented if Cauncil approves this request, at site plan approval council could still have serious questions about this plan. He stated Council is wondering what the apPlicant's position is going to be if they are asking for some material changes. He commented the code is frankly unclear. He mentioned he was sympathetic to Council's questions. Ivir, Lewis commented in the abstract he could not give Mr. Hawkins 100% comfort on this, but if there is a public, health, safety or welfare reason far Council demanding a condition of change at the site plan, if there is a comp plan or land development regulation that they feei just is not met, with the site plan they have the authority to direct that that be removed or modified in some way from the site plan. He stressed that is the black letter law, and he would not argue about it, since that is not the kind of Iawyer he is. 36 ! MINUTES - Village Council Regular Meeting 11/17/OS Page 37 IVir. Lewis in:dicated he could nQt �ell them actually what he would say until he hears what the Council may want to do. Mr. Lewis commented he toid Gouncil IVlember Paterno mentioned the issue o€ how they would treat e He noted that was a relativeiy easy one, that if the storage in the garag • it out, they would accept the the site plan were conditioned on them taking condition, and take it out. He stated that is as clear and definite as he can be. Mayar HumpaSe asked if he voted no, would he have to give a reason. Mr. Lewis responded in the affirmative. Mayor Humpage stated if he was going to vote no, he was �oing to use #he criteria under Section 78-363, Item 10 General Compatibility with the adjacent properties, and other properties in the area. He stated when he look�d at the applicants etevations, the mean section/middle of the roof a�d� be center of ther � the residents would see a spire that is 14 feet abo and knowing they do not read a11 the little stipulations, they see the building with the elevation ehange in the land. He stated the elevations here are a concern him• He �ndicated he wauld not want a flat top building> but l� feet to the top of the spire is still 14 feet to the top_ of the spire, and if they are nat going to count el�vator rooms or shafts� �� lays out to the letter of the law. He stated the residents do not have the lettex of the law, and are common sense peoPle and just want a nice building that does not stick up. He cammented he takes exception to these elevations. He stated he does not want a flat roof, and does not want this building coming out of the ground in Tequesta like a voleano. Mr. 4liver commented he felt it would then be incumbent upon them, when they come back for this, should they obtain approval for ttus tonight to come back to this Council with sufficient graphics and thought given to their comments. He commented what they have be�e what project component of the presentation to Council to sho looks like. He stated he hears the comments and understa.nds them. Attorney Hawkins asked if the applicant was taking into account the Mayor's comment with regard ta revising their plan to address his concerns. Mr. Oliver responded in the affiimative. Mayor Humpage commented he would like to hee �S P��e 1 d ues� and C o 1 a M�e�mber work they have done, bu Paterno has some issues with the storage. He commented he has a problem with the height. Nir. Oliver stated the benefit �o h for the�first time in a bnng before Council the conceptua1 appraval group session, what those concerns are. He felt it was incumbent upon him as part of the design team, to come back to Council with sufficient information to where they understand and react to their concerns, and show more of what the project is going to took like. Council Member Paterno stated he also had the same concern about height, in reference to the surrounding properties. 37 MINL7TES - Village Council Regular Meeting 11/17/OS Page 38 Mayor Humpage stated there is no action needed on Item 12a, the conceptuai review.. He sta.ted the Council is now at Item 12b, the quasi- judicial hearing for the Special Exception. Council Member Genco questioned whether Council has made their comments, under (f). Attorney Hawkins noted Council has not made their comments. Council Member Genco indicated she did not have an _ issue with the parapets, but believes the code allows an exceprion for them. She stated she does have an issue wi#h the fact that she is not surE a 5 story building conforms with the criteria that is spelled out, as mentioned earlier, because it is her belief that ttie Village super al� �� and o S rdinances what is cunrently in the code, and that �s. She felt she has to were repealed on the Vill�ge Council adopting follow the code whether she likes the development, or whether she does not like the development. She mentioned she felt the development is well thought out, and that a residentiaUcommercial combination wauld suit that site very well. She stated she did not think it would meet It�m 7 under 78- 362 criteria. She asked the Village �lerk to take a look through the minutes, because she b�elieves that Couaeil repealed them at some point and time, when Mr. Newell was here, and :when the Council adopted it. She stressed if she �ould get clarification on that she might change her mi.nd. She stated right now she is going to follow what the� code states. Council Member Paterno iudicated he wouid agree with Council Member Genco on °her items, and it . could potentially be a good thing for the Village. He suggested there should be some changes, that it does not meet Item 10 or Item 11. He commented at the same time he is not sure it meets the purpose of C-2 area. He noted it is suppose to be a unique place, and at the same time it reminds him of a hotel with domes, and his conceptual ideas aze a little bit different for the Villag�. He stated he is going to do what is in the best in.terest of everyone, the Village, and the future of Tequesta. Vice Mayor Watkins felt it was unfortunate that it is not clear as far as height, but that it is in the site schedule requirements is it 5 stories/'70 feet, She noted that would need to be researched. She commented she is very appreciative of the fact that the appli�e code. She t that alot o wo k . bring this in to what they beheve is had been done on the part of the applicant, and caneessions were made, and they have the commercial component. 5he feit it would be an asset to the Village. Mayar Humpage stat e d Council ma y have another option. He felt Council Member Genco brings up a valid point and it seems to be a major concern. He commented a lot of work has done into this project, and there aze only four Council Members oa Council, so the applicant will need a 3-1 vote. 38 I �; MINUTES - Village Council Regulaz Meeting 11/17lOS Page 39 Mayor Humpage stated however, another option to consider is to defer until Council cotild have clarification on a couple of questions. He nate�i if the applicaut goes for a vate, and the vote goes negativa, they have to wait a year. Mr. Lewis indicated that is why he was standing back up to say that he would rather than having the necessity to go through the appellate process; he felt the applicant could not tolerate another year af this. Mr, Lewis pointed out in his mind it is far mo�e preferable to defer this and at least get clarification of the code. He commented he was certainly willing to. do that until the next Village Councii Meeting t4 trY and make sense of this code. Mayor Humpage asked if it �vas his understanding that if Council defers this, that the applicant understands basicallY if`theY move on to site plan review; Wbere Council is at and the issues they have based on the project itself. He felt the Vivage needed to get to the bottom of what Council Member Genco brings forwarcl, and get clazification. Village iVlanager Couzzo indicated Staff` and L�ga1 Cotmsel woul ate,� the V llage clarify. Mayor Humpage commented speaking af appe may end up spending more money. Mr• Lewis stated h� ��O e�� e°sted that since they have spent the last six months. Mayor Humpag ugg these issues need to be ironed out regazding the code, and come back an the agenda in December. • � Ivir. Lewis commented the only addition ttu�t he would G�nco '��S correct, be to suggest at an ear1Y Pomt, �t if Council Member and it rules that way that he hoped Council would consider an amendment to the code, to conect what is there so they could move forwazd. Council Member Genco agreed that is an option ta consider, and that is one of the reasons the Village was consi�dering a moratorium. Mayor Humpage clarified the Zoning-in-Process. Council Member Genco agreed, and she apologized that she had not read every paragraPh in t�e code sections until the item was to come before Council for a vote. She commented she was surprised that the Attorney's did nat put that on the ta.ble and research it, and clarify it. �vlr. Lewis noted he could � aware of what was the e�, and that he did read it ail, and he was complete y that he was sorry he was not persuasive enough to convince Gouncil. He stated he is exactly satisfied that he is right with his interPretation of the law. Council Member Genco stated she did not feel 140% either. Mr. Lewis commented he was certainly willing to defer this item for a month, to try and straighten this out. Mayor Humpage asked if it would be the applicants desire to defer this for a month. Attorney Hawkins stated Council needed to make a motion, and have a second. He suggested there be a motion to defer, for the apglicant to take into account all the issues that have been raised this evening and for the Staff to review the issue Council Member Genco had raised regarding the code, and that they defer to a time certain. 39 MINLJTES - Village Council Regular Meeting 11/17/OS � Page 40 Council Member Genco asked whether Council wanted to defer to the next Meetutg. Viltage Manager Couzzo clarified to the December Meeting. MOTION: Vice Mayor Watkins moved to defer this item to the December 8, 2005 Regular Council Meeting with the applicant taking into account all the issues that have been raised this evening, and for Sta,f�`'to review the issue Council Member Genco had raised regarding the code; seconded by Counci111�fember Genco; motion passed 4-0. Village Manager Couzzo asked that the Regulaz Village Council Meeting be moved since the Village Attorney may be out of town. Attorney Hawkins stated he would be in 3acksanville on December 15�'. Vil�lag�e Clerk Carlisl�e indica.ted the next Regulaz Council Meetmg woul December $. Attorney� Hawkins noted he would be able to attend the meeting on December 8 . The meeting was recessed at 10: SS.pm and recorcvened at 11: 00 pm. 13. Quasi: judicial Public Hearing for Spec ia1 Exceptions, "Members Only" Ciub, located at 1 Main Stree# Building 3 Floor. Village Attomey Hawkins swore in 2 peopie• Ex-Parte Communications - None . Ms. Catherine Harding, Director of Community Development mentioned JMZ Properties have �made an application for a Members Onty Private Club, located on the 3 floor of 1 Main Street building. She indicated the 1 Main Street building is located within the M�ed Use Zoning District, and the proposed private club is a Special Exception Use wittun the Village's Mixed Use District. She comm 4to �e � 1 c� use Advisory Board recammended approval 5 I� at it's October 6, 2045 meeting. Mr. Craig O'Callahan representing the applicant mentioned the space was approximately 2,000 square feet, and unoccupied at this time. He indicated they were seeking a special exception approval to have a classy lounge, for members only. Council Member Genco asked if the applicant was planning on applyinS for a liquor permit and if there wauld be live music there. Mr. O'Callahan responded they would be applying for a liquor license, but would probably not have live music. Council�Member Genco asked whether there would be no cards or gambling or adult entertain. Mr• O'Callahan stated there would not be any of those. Village Manager Couzzo indicated those questions were asked at the Planning and Zoning Board meeting, that Mr• Horniman at his request asked those questions regarding Adult entertainment, gambling, and other types of parties. He stated that is Part of the official record. 40 MIAiUTES - Village Council Regular Meeting 11/r'1/OS Page 41 Council Member Genco felt the biggest issue was the parking for that azea. She noted it was terrible at this point. Mr. O'Callahan stated there was ample pazking there now, and at, night the Banlc of America will be closed: He stated it is a shazed pazking lot. Mayor Humpage asked if they had a shared pazking agreement. Mr. O' Callahan responded in the a.ffirrnativ�. Council Member Genco asked if the club would be open during the day. Mr. O'Callahan inciicated the club would be open during the day, and felt the pa�king would be ample. He �ated the building was designed to handle the parking. Council M�ember Q�enco pointed out the building was designed for an apartment, not for a club, which means more people. She asked if that information was submitted. Mayor Humpage indicateti it was in the P&Z Board remarks. Cauncil Member Genco commented the applicant has to do a parking calculat�on of the occupancy versvs the use. Mr. O'Ca.11ahan felt th�y had submitted with th�ir paeket of materials. Council Member Genco nated the anly thing that Council received was the Planning and Zoning Board Minutes, and there were a lot of things stated but there were no affirmations one way or the: other in the minutes. Mr. O'Callahan indicated the architeet that designed this proposed space was the same architect that designed the entire building, and the a3ctual deveiopment there. He inclicated he would have to get that in€ormatian. He felt the parking would handle the amaunt of people that � were going to be in the 7Vlembers Club. Vice Mayor Watkins painted out the parking da.ta under Tab 13. Mayor Humpage indicated the site data - was included in the backup materials. Council Member Genco stated this information was from the original apPlication, and does not address this use. She noted the applicant would ha.ve to aznend it when he changed the use. Council Member Paterno indicated they got a special exception originally for this, for the pazking, so they would have to come back to Council if they changed the use from the original layout. �illage Manager Couzzo agreed there should be a parking calculation on the new use. He felt the data; was important for Council to consider and suggested: 1) Council could table the item for future consideration; or 2} if Council made an affirmative condition that upon that Stat� review the parking data was � compliant. Council Member Genco asked if all the space was rented with the exception of the apaztment. Mr. O'Callahan stated he did not know. Council Member Genco stated that would be other auswer Council would need to have. Mr. O' Callahan noted JMZ owns the apartment. Council Member Genco agreed it was Mr. Zuearrelli that owned the space. Council Member Paterno questioned the parking of the trailer trucks on the property agaiu• Village Manager Couzzo felt that was a separate issue. 41 IvITNLTTES - Village Council Regulaz Meeting 11/17/OS ; ; Page 42 Council Member Paterno stated it was the same owner, and noted they ha,ve asked him to move them before and t�ey 1e consid �er� H V illage since they are not complying� should Counc Manager Couzzo indicated Council �� t�ue. H page commen t s, a n d t h e n h e c o u l d r� P ��cil Member Genco noted that stated the only issue is the parking• there is an Urgent �Care, which was not included in the calculations. She felt the pazking needed to be redone. Council Member Genco felt there would also have to be some conditions on the exception on the gambling, and adult entertainment, hours of o p��,hQn, and ttie parking issue. Co�ncil Member Paterno asked how the membership was going to work. Mr. O'Callahan indicated he did not know. He stated he has membership clubs azound the world. Council Member Paterno asked how c�i:d they work. Mr. O'CaIlahan stated each one work differently, that it depended on the area, the clie��e� on indicated he was seeking approval first before they �set any stip the club. Council Member Pa#erno noted that may be of interest to any of the stipulations that Council may want ta place on the special exception. Viltage Manager Couzzo mentioned there were a number of issues that Cauncil had raised, and suggested tabling this item to get the answers to the questions. M4TION: Vice Mayor Watkins moved to table Item 13, SP sub'ec�to�hem b ingt g Members Only Club to December Regular Cvuncil Meetmg, .1 back the answers to Council comments and concerns; seconded by Council Member Genco; motion passed to table the item 4-0. 14: Quasi judicial Public Hearing for Variance from the Village of Tequesta's Code of Ordinance, which does not allow intoxicating beverages to be sold for consumption on the premises withi�t I,OdO feet of a chureh, school, or youth center — Applicant: Grassy Flats Restauran�, located at 157 U.S. Highway One. Attorney Hawkins swore in 4 people. Ex-parte communications — None Ms. Catherine Harding, Director of CommunrtY Deveiopment mentianed the Glassy Flats restaurant, located on U. S. Highway One in the Teqeusta 5hoppes, was previousiy Estey's Caf�. She urdicated Mr• Michae1 Vaccaro is now applying to receive a variance fi'om the Viliage of Tequesta's Coiie of ardinanees that does not a11ow alcoholic beverages to be sold within 1,000 feet of a church or schooL 42 MINU'I'ES - Village Council Regulaz Meeting 11/17/OS Page 43 Mr. Michael Vaccaro the applicant stated he has submitted a11 his paperwork, and indicated he needs to serve alcohol in this location, because he is trying to keep prices low, which would be more profitable for him. He stated it is not going ta be a late night restaurant that they would shut down the bar by 10:30 p.m. to get peoPle out by 11:00 p.m. at the latest, and Frida.y may stay open to 10:30 p.m. and have the people out by 11:30 p.m. He stated this would be a restaurant with full liquor. He requested Counoil's permission for the variance. Couneil Member Paterno asked if it was a resta.urant or a baz. Mr. Vac�ra stated it is a restauraut servin8 full liquor, not a baz. He noted by law he has to serve 51% food in order to keep his license. Vice Mayor Watkins stated the �rrevious resta.urant served alcohol ther�• She wished him well with the restaurant. (Public Comments) Ms. Dottie Campbell, resident of Eastwinds Cir�1e noted she has know Mr. Vacarra for 20 years, and that he was ori�inally the deli manager at Pinder's. She noted he then went on to have the best sandwich shop on Cypress Drive. She stated the Village needs a restaurant that he would bring to it a family oriented because the family would like what he serves. She felt if anyone could make a good of it there it would be him. She nated the restaurant at the end of the plaza when it first ogened, grandywirie Dawns, that had a full liquor license and that would be closer to the church then his establishment. She asked Cauncil to pass the variance. MOTION: Council Member Paterno moved to grant the v� mo dated October 12, Restaurant, including Stafj`'recommendations as shotivn on the m 2045; seconded by Council Member Genco; motion passed 4-D. 15. Quasi judicial Public Hearing for Variance from the Village of Tequesta's Code of Ordinance, which does not allow intoxicating beverages to be sold for consumpt�on on the premises within 1;000 feet of a church, school, or youth center — Applicant: Gallery Crrille, located at 383 Tequesta Drive. Attorney Hawkins sware in 5 people. Ex parte Communications — None Ms. Catherine Harding, Director o€ Community Development mentioned the Gallery C'rrille Restaurant, located at 383 Tequesta Drive, in the Gallery Square North, and being represented by Mr• Bruce Nierman is now applying to receive a variance from the Village of Tequesta's Code of 43 MINUTES - Village Council Regular Meeting 11{17/OS Page 44 orditnances that does not allow alcohalic beverages to be sold within 1,000 feet of a church, school or youth center. Mr. Phillipe Jeck, representing the applicant mentioned if Council had any questions he was available to answer them. Council Membex Paterno stated he wanted to make sure it was going to stay as a restaurant and not end up as a bar. Village Manager Couzzo verified they were only be servirrg beer and wine, aud it was not a full Iiquor bar. Mr. Nierman responded in the af�irmative. (Public Comment) Ms. Dottie Campbell, resident of Eastwinds Circle indicated she was the landlady at Gallery Square North and there have been 3 previous restaurant operations in this location that hav� alI served. 1�eer and wine. " She €elt it was a continuation of the sales for beer and wine. She asked Council to approve the variance. Ms. Cerise Goldberg, Properly Manager for Gallery Square North asked if the conditions that Staff recommended be read for the record. Mayor Humpage read far the recard the Staff recommendations. Village Manager Couzzo asked what the hours of operation would be. Mr. Nierman commented he was not sure what the hours of operation would be, and that it would be dinnertime but not real lat�. Mr. Jeck noted the hours of operation were stated in the code. MO�,�,TION: Vice Mayor Watkins moved to grant the variance for Gallery Grille Restaurant, including Staff recommendations; seconded by Council Member Genco; motion passed 4-0. NEW BUSiNE5S 16. RESOLUTION 18-OS/06 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BIU PROP4SAL TO SHEEHAN TURF CARE, INC., OF TEQUESTA, FL4RIDA, IN THE AMOUNT OF $25,080 FOR TEQUESTA PARK FROM BUDGETED ACCOUNT #001-230.546.306 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the titie of Resoiution 18-OS/06. Mr. Greg Corbitt, Director of Parks and Recreation indicated this was an award of contract to Sheehan Turf Care to take caze of the Bermuda Grass 44 MINUTES - Village Council Regulaz Meeting 11/17/OS Page 45 portion at Teyue�ta Park. Mayor Humpage asked if this was in the budget. Mr. Corbitt responded in the �rmative. MQ�TI_ON: Council Member Genco moved to approve Resolution 18-OSI06; secorrded by Vice �Llayor Watkins; mvtion passed 4-� 17. RESOLUTION 20-45106 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAG� OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A CONTRACT FROM DON REID F(JRD, OF MAIT�.AND, FLORIDA, FOR ONE FORD CROWN . VICTORIA PpLICE CAR PER TI� FLORIDA SHERIFFS ASSOCIATION BID AWARD 04-12-0823 IN TI-�E AMOUNT OF $20,730.04, HAVING A FY 2005/2006 GENERAL FUND POLICE DEPARTMENT BUDGET ALLOCATION 4F $24,000.00 ACCOUNT . #001 175 664.602 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE TI� APPLICABLE CONTRACT ON BEHALF OF THE ' VII.,LAGE. Attorney Hawkins read into the record the titte of Resotution 20-OS/06. Police Chief Steve Atlison mentioned he was requesting approval to expend the budgeted funds for one patrol car. He indicated it was being piggy-backed off the Sherif� s Association Bid Award. He stated ttus was a rollover bid, so the Village was actually purchasing the caz at last years price. He nated this vehicle will be replacing a 1999 Ford, and that caz will be surplused when this caz comes in. MO_ TION: Council Member Genco moved to approve Resolution 20-OS/06; seconded by Vice Mayor Watkins. Couneil Member Paterno asked what was meant by ADM specifications. Chief Allison commented it does not have the specifications a police car would have, since this is an administrative vehicle and would be assigned to the Detective division. He mentioned in the rotation plan for replacement this vehicle is projected to last 9 years. Council Member Genco mentioned she noticed the Village was getting rid of some other surplus vehicles, and indicated that was good to get rid of the �nsurance, etc. Motion passed 4-0. l8, RESOLUTION 24-05106 - A RESOLUTION OF THE VII.LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARD�NG A CONTRACT TO ARCADIS G&M, INC. A FLORIDA CORPORATION FOR ENGINEERING SERVICES WITH TERMS OF THE CONTRACT SPECIFIED iN THE 45 MINUTES - Village Council Regulaz Meeting 11/17/OS Page 46 . PROPOSAL SUBMITTED BY ARCADIS �CORPORA'TED B � ATTACHED HERETO AS EXHIBIT "A" AN� i REFERENCE AS PART OF THIS RESOLUTION. Attorney k-iawkins read far the record the title af Resolution 24-05/06. Ms. 7oAnn Forsythe, Director of Finanee and Chair of the Negotiating Committee mentioned the Negotiatian Committee m�t on two separate occasions anc! negotiated th� contract and fees that were before Council. M OTION Vice ,�layvr Watkins moved to approve Resolution 24-OS/06; seconded by Council Member Genco. (See vote at end of this item) Council Member Genco asked if this was the Engineering services contract for the Water Utility. Ms. Forysthe indicated this contract was for General Engineering Services for the entire Village. Village Manager Couzza indicated for all Utilities, including Stormwater. Council Member Genco asked if this was replacing the contract that had . expired. Village Manager Couxzo mentioned tlieir contiract has be�n � e'�� for 20 years, and this contract will replace it. He commente h�e Ne o atians gone through and complied with the Consultants Compe g Act (CCNA). Coun�il Member Paterno questioned Section 6, regazding the Subconsultants language• He noted if they use sub-consultants the conl�ct stated the Village would have to pay for them. He asked if they do hire sub-consultants that the Village will be chazged 10%. He asked if this was correct. He noted the last time Councii spoke about that they asked that it not be in the contract. Viilage N1anaSer Couzzo asked in what instance do they see, other then possibly the Village gen�t�g i� �� n� would be necessary. Mr. Bill Reese, Principal, Arcaclis Reese Macon and Associates stated vvithin the framewark of their submittal the normal designs they would do; � which would include structural, and eiectrical subcantractors that would be named in a document. He felt the subconsultants would be included in �e �ump surn fee, unless it was specifically requested otherwise. Village Mana�er Couzzo suggested changing the language to "specifically directed by the Village Manager or his designee". Mr• Reese stated there are normal subs that they always used in a project. Vil�age�M ��' Couzzo a.greed such as services for a surveyor, typograP a. Reese noted they have people for example that could do electrical design in house, but that they have always used a specific subcontractor• Council Member Paterno asked if the subconteactor was cheaper. Mr• Rees� responded in the affirmative. 46 MINUTES • Village Council Regular Meetin$11/17/OS Page 4'7 . Council Member Paterno suggested adding "as long as the work is authorized by the Village Manager". Council Member Genco suggested striking: "if the Village requests the consultant use certain subconsultants, etc.". Mayor Humpage suggested starting the Paragr�P� �� "The Village may request the consultant to certain subconsultants for specific, etc.". Consensus of Council agreed to start the p�h v�th "The Yillage", � eta Council Member "Paterno asked how much higher were the fees in this contxact versus the old one. Mayor Humpage noted they still are the lowest, tha.t the Village's ra.tes were better before the Village went to the CCNA process. He stated after negotiatin.g with the same company the rates came out higher than before. Council Member Paterno indica.ted he understannds the law, and the CCNA pracess, but that he does not n ��Iy agree with it, because the Village had a better deal before, and still with the same company. He stated it is costirig the Village almost 30% more, and felt the cards were sfiacked against the Village in tlus instance. Vice Mayor Watkins noted it was at Councils request to go through the CCNA prucess, Mation passed 4-0. 19. a) Status Report on Public Assistance for . expenses associated with Hurricane Wilma. Mr. Robert Garlo, Assistant Village Manager mentioned the Village has sabmitted. applications for public asaistance, which has been appraved for Hurricane Wilma. He indicated Staff had a kick off meeting with FEMA and the State yestErda.y. He commented Staff had a good experience last year, and anticipates it being better this year as far as the speed and gettin.g throu�h this. He explained the Village would get 75% from FEMA, 12 %Z°/a from the State of Florida, and the Village's required 12'�2%. He noted except for two ehanges the Village would receive 100% for the first 72 hour period on debris remvval and overtime. He indicated Sta.ff has come up with some very preliminary estunates in some of the categories, particulazly the damage to infrastructure, buiidings, some urigation systems, and some pazk damage. He commented as far as the estimates they are probably high, most likely the actual cost will be less. He indicated these are the estimates they received eazly on after the storm. He pointed out the Village was very close to fuushing up the debris removal, and already in the process of having our project funding apProved. He indicated the overtime was very close to the numbers. b) RESOLUTION 25-QS/06 — A RESOLUTIt�s AF P�� BEACH COUNCIL OF THE VILLAGE OF TEQUE , COUNTY, FLORIDA, AMENDING THE 2005/2006 GENERAL FL7ND #001 BUDGET $408,000 BY APPROPRIATING ADDITIONAL FUND 47 MINUT'ES - Village Council Regulaz Meeting 11/17/OS Page 48 BALANCE AND iNCREASING REVENUES AND EXPENDITURES TO PAY FOR COSTS ASSOCiATED WI'TH HURRICANE WILMA AS FOLLOWS: REVENtJES: Reimburse FEMA Account.# 001-000-369.104 $306,000 REimburse Florida DCA Account # 001-000-369.106 51 000 $357,000 Appropr�ated Furid Balance 51000 408 000 EXPENDITURES: Res — Contingency #001-99Q-599.902 408 000. Ms. JoAnn Forsythe, Director of Finance indicated approving this Resolution will increase the General Fund budget by $4U8,000.00, and there wiIl be$357,000 coming in from FEMA and the Department of Community Development (DCA). She noted this would require the Village to appropriate additional fund batance of $51,000.00. Council Member Genco questioned whether it took 7 months far the Village to receive the monies last yeaz from FEMA. Village Manager Couzzo noted it had. come in faster than that, and that it probably taak 7 months to get tfie entire amount. Councii Member Paterno asked what the estimated time was this year to receive the monies. Assistant Manager Garlo stated it would depend to some extend on the project. He indicated $57,000.00 would distinguish a sma11 project from a large project. He explained large projects require that the work actually b� done at the time that the monies aze received, so it is driven by the work. He noted the Village was just now receiving money from Hurricane Frances for the Tequesta lights. He felt the sma11 projects would probably have the money within 90 da.ys, and tha.t would be anything under $57,000.00. Council Member Geneo noted she was really impressed with the Waste . 11�anagement, even though at first the Village had a few issues. She mentioned the Village was cieaned up before mast areas were. Mayor Humpage agreed. Assistant Manager Garlo noted he and Mr. Gary Preston, Director of Public VVorks met with the debris specialist today that is running it for the County, and the number that they are being told is very good according to what they are telling is the cost. Council Member Paterno indicated they did some calcutations today, ana they shoutd be probably $ l OQ,400.00 under the $255,0OO.OU estimated amount based on the 15,000 cubic feet of debris. Assistant Manager Garlo stated the Village's estimate to FEMA today was about 9,500 cubic yazds, at $17.00 a cubic yard. Village Manager Couzzo commented the Village would stay close to $100,000.00 on the debris side. 48 MIl�TUTES - Village Council ReguJ.ar Meeting 11/17/OS Page 49 Attorney Hawkins read for the record the title of Resolution 25-OS/06. MOT�ON: Vice Mayor Watkins moved to approve Resolution 25-OS/06; secQnded by Council Member Genco; motion passed 4-0. c) RESOLUTION 26-05/46 — A RESOLUTI A �� EACH ' COUNCIL OF THE VILLAGE OF TEQ COUNTY, FL�RIDA, AMENDING BY o APPROPRIATING . UTII,ITY FiJND #401 BUDGET $68,00 ADDITIONAL FUND BALANCE AND INCREASING �'VBNUES A1�TD EXPEND� WII.MA AS F4LLOWS: OSTS ASSOCIATED WITH HURRI REVENUES: Reimburse FEMA Account# 401-000-369.1U4 $51,000 Reimburse Fidrida DCA Account# 401-400-369.106 8.500 $59,500 Appropriated Fund Balance 8.500 68 000 EXPENDITURES: 68 000 Res — Contingency #401-990-599.90 �—.�-- Attorney Hawkins read for the record the title of Resolution 26-OS/06. MUTION: Vice Mayvr Watkins moved ta approve Resolution 26-OS/06; seconded by Couneil Member Genco; motion passed 4-0. Item 20 was moved before Item 12. 21. Council consideration for the Village of Tequesta. to complete a Compensation and Classification Study for Village employees. Mr. Robert �'rarlo, Assistant Village Manager mentioned he was asked by Council to look into a Classification and Compensation Study for the Viliage. He indicated one had not bsen done in sometime. He e�lained �e was familiar with Nlunicipal Solutions and the Letter of Engagement, because they had done work locally ��S ��ed bylfoOe�amp �e exactly the product the Village would be one they completed for the Town of Jupiter Island. He pointed out this would be a complete organizational anatysis looking at the existing job deseriptions and classifications and determining whethe�' theY a�'e properly classified, reviewing the current work of those classifications, and making sure they are Fair Labor Standards Act (FLSA) and Americans with Disa.bilities Act (ADA) compliant. 49 i �_ MINUTES - Village Council Regular Meeting 11/17/OS Page 50 Assistant Village Manager Crarlo commented at the same time putting a value on the work, and then looking in tlie marketplace to see where that places. Mr. Colin Baenziger, representing Municipal Solutions mentioned he was present to answer any questions Council may have. Council Member Genco asked when they thought they would camplete the study. Mr. Baenziger commented the original intent was to have a preliminary report by the middle of December. He noted at this point it would now have to be moved back to �anuazy 1, 2006. He indicated they were still on target for the Februaiy 1 U target date. Councii Member Genco noted she r�ad the one from Jupiter Island, and thought it was well done. Vice Mayor Watkins agreed, and felt it was the right thi.ng for the Village to do. Council Member Paterno pointed out there was a handout distributed with a correction an the pricing, that it went from $125.00 to $ l 15.00 per hour. He stressed Assistant Manager Garlo has offered to do whatever he can do to compile the infornzation to keep the hours down to a minimum to tr�' a n d s a. v e t h e V i ll a g e s o m e m o n e y. .Mr. Baenziger commented they appreciate it, and anyttunS that the Staff can do helps them. M4TION: Vice Mayor Watkins moved to aPProv1 Soluti nsr second d Counc 1 Compensation and Classification 5tudy by Muntcipa � Member Genco; motion passed 4-0. 22. Reschedule the Council Workshop regarding Council's Goals and Objectives ta November 29, 2005 at 9:00 A.M. in the Tequesta. Recreation Center, 399 Seabrook Raad. Consensus of Council agreed to the Council Workshop on November 29, 2005. Ms. Gwen Carlisle, Village Clerk indicated the Village Attorney was not scheduled for this workshop. Consensus of Couneil agreed he did not need to be present. 23, Council consideration to have a scheduled Joint Workshop on January 12, 2006 at 2:00 P.M. at the Tequesta. Recrea.tion Center, 39� Seabrook Road, with Gommissioner Marcus, Martin County Commissioners and Jupiter Town Council. Ms. Gwen Carlisle, Village Clerk indicated that Commissioner Mazcus's office would like to know what the Council wanted to discuss on the agenda. She commented they were asking the Village Clerk to draft the agenda, and she asked if Council wanted to discuss the issues regazding traffic, the Westem Corridor and Island Way. Council Member Genco asked that the en€orcement oe �ked if the c and aerl hadedbeo�n the agenda. Mayor Humpag resolved out there. SO MINUTES - Village Council Regular Meeting 11/17/OS Page 51 Council M�mber Genco commented they adopted one, and the other was still under consideration. Mayor Humpage suggested talking about the sewer, the water, and expansion of the pazcels that abut the Village. Council Member Paterno noted a developer just went for a change and put 16 homes where the wa11 is on Island Way. He commented they want to add more homes, 16 on regulaz lots. Mayor Humpage asked if they wanted to address density/ developmental matters. Village Clerk Cazlisle asked if this was all related to the Western Comdor/Island Way. Council Member � Genca suggested' the density and traffic issues that abut the Village or affects the Village. Village �lerk Carlisle indicated she had spoke with Jupiter and they asked that their Jupiter Area. Study, and how it affects everyone else be placed on the agenda. Council Member Genco clarified her suggestion regazding code enforcement. She felt Patm Eteach County and Martin County have azeas, adjacent to Tequesta that are �ot being enforced by their code peopie. She indieated she wouid like to address that a1so. XTI. . ANY OTHER MATTERS Ju�piter Elementary School Historia Buildin� - Council Member Genco mentioned Council had received a email from Dr. Monroe Benia,m, Schaol Board of Patm Beach County, District 1 regarding Jupiter Elementary School preservation. She pointed out the old part `of the school building is . historic, and she can not believe that they may #ear it down. She felt by them redoing it, it could be utiiized again. Mayor H�mpage indicated it was going�to cost $4 million dollars. Vice Mayor Watkins commented she went and spoke at the Construction Oversight Review Committee meeting this morning, `and the facilities coordinator stated they had never used the verbiage that they were going to demtilish the building. She stated what he said was two proposals were on the table: I) to totally renovate it, at $7 million plus; and 2) do nothing with the old building, but build a new building adjacent to it. She commented at the meeting if they leave the old building stand idle, that eventually it would be demolished because it would deeay. She felt it was a building worth saving. She stated this would be on the School Boazd's agenda November 22, 2005, in which she would nat be able to attend. Mayor Humpage noted there was also a meeting on November 17, 200�. Vice Iviayor Watkins mentianed Mr. Rood spoke at the meeting regazding the buildi.ng. She noted the building � was built in 1926, and felt it was structurally sound. She commented the people from Jupiter made a very good point to keep that building with its historical valu�. Council Member Genco suggested sending a letter of support from the Mayor that the Village supports the restoration and preservation of the building. Consensus of Council agreed. 51 MINUTES - Village Council Regular Meeting 11/17/OS Page 52 Joint Meetin with Plannin and Zonin Advi Boazd — Council Member Paterno felt it might be helpful to have a joint meeting to discuss what they can do to better help the Council. Village Manager Couzzo suggested placing this item on the Dec �h r s�� o done. Mayor Humpage noted there were two Wo p Council's oals and Village Manager Couzzo commented. the u�coming S objectives workshop would be November 29, 2005, and possibly one on boats, and golf carts. Couticil Member Genco suggested the workshap regarding boats cduld be done jointly with Pla.nning and Zoning Advisory Board. Mayor Humpage noted Council also has issues with golf carts. Village Man�ger Couzzo suggested doing the boats and golf carts as one workshop. Council Member Genco felt it would be bettei' to do those two issues sepazately, but suggested doing them jointly in approaching the subject with the Planning and Zoning Board. Council Member Paterno indicated if Council does a workshop with P&Z Board would the public have input. Mayor Humpage noted a workshop usuallY does not a11ow public comment, but in a situation like this they probably need to be brought into the loop. Council Member Patemo asked if P&Z should do their part, and move it on to Council. Vice Mayor Waticins mentioned the issue was the Board_ is wanting to know how this is going to be structured, ara they suppose to elect a � committee, or does everyone show up. She suggested giving some thought of how this is going to happen. Council Member Paterno suggested Cpuncil discuss it ahead of time. Vice Mayor Watkins felt at the workshop Couneil needs to organize. Mayor Humpage suggested Council and P&Z. Boazd first, so that everyone is vn the same page Vice Mayor Watkins _ indicated it would not be the tim.e to � i Pheli ��to show up and workshop. Cotuicil Meml�er Genco agr Y listen that would be good. Council Member Paterno indicated if it was just going to be Cou�cil and PB�Z Boazd the golf � �� ot ha e a He felt that would be the same type rrf d � P subcommittee. Ma�or Humpage pointed out with the Solf earts it may not be conjecture, it is going to be the law. Council Member Genco noted the golf cart issue is entirely different issue, because one side of the community is a.ffected more than the other, and will have to be dealt with differently. Mayor Humpage noted the State Statute 316 would need to be dealt with. Cotuicil Member Paterno noted he could be more educated on the issue of golf earts a1so. Consensus of Council agr�ed to do a joint meeting with Planning and Zoning Advisory Boazd to discuss the boa�e Comm��ty Devel pment public input. Mayor Humpage suggest d Director and the Police Chief attend. Council Member Genco asked if the meeting could be held during the �Y• �onsensus of Council agreed to hold it dwring the day. 52 MINUTES - Village Council Re�ular Meeting 11/17/OS Page 53 XIII. ADJOUtiNMENT MOTiQN: Yice Mayor Watkins moved to adjourn the meeting; seconded by Council Member Paterno; motion passed 4-0. T'herefore the meeting was actjourned at I2:00 noon. Gwen Carlisle Village Clerk 53