HomeMy WebLinkAboutDocumentation_Regular_Tab 08_09/13/2007MINUTES
VILLAGE OF TEQUESTA
REGULAR VILLAGE COUNCIL MEETING
TEQUESTA VILLAGE HALL
THURSDAY, JULY 12, 2007
I. Call to Order and Roil Call
Mayor Jim Humpage called the meeting to order at 7:23 p.m. immediately following the Local
Planning Agency meeting. Village Clerk Lori McWilliams took a roll call. Present were: Mayor
Jim Humpage, Vice Mayor Pat Watkins, Council Member Dan Amero, Council Member Tom
Paterno, and Council Member Calvin Turnquest. Also in attendance were: Village Attorney
Scott Hawkins, Village Manager Michael R. Couzzo, Jr., Village Clerk Lori McWilliams, and
Department Heads.
II. Invocation and Pledge of Allegiance
Vice-Mayor Watkins gave the invocation and led the Pledge of Allegiance to the Flag.
III. Approval of Agenda
MOTION: Vice-Mayor Watkins moved to approve the agenda; Council Member Amero
seconded.
• Vice-Mayor Watkins noted she had an item to address under Any Other Matters.
• Council Member Paterno advised he had an item to address under Any Other Matters.
• Mayor Humpage noted items 2 and 3 on the Consent Agenda have removed from the
agenda.
Motion carried unanimously 5-0.
IV. Standing Reports
Village Attorney
Attorney Hawkins reported continued negotiations during the month of June regarding the
Jupiter /Tequesta interconnect agreement. He explained there was a Code Enforcement issue
that required the attendance of his office; review of the Utility Ordinance in which he had
conferred with an attorney from Tallahassee to assist in the review of the information and would
be addressed at the August meeting. He noted a few issues regarding the Dalack litigation were
reviewed; miscellaneous public records law legislative updates; and review of workshop and
Council materials.
Council Member Amero asked where Council stood in the Dalack issue to which Mr. Hawkins
responded an appeal had been taken against Judge Middlebrook's judgment, which was in favor
of Tequesta - he found the oath to be constitutional. The appeal was taken to the 11 ~' Circuit
Minutes -Village Council Regular Meeting 7/12/07
Page 2
IV. Standing Reports (Con't)
Court of Appeals; the 11th Circuit Court of Appeals assigned a panel out of Atlanta, which
affirmed the judgment, thus affirming Tequesta's position. He explained Mr. Dalack then
requested the entire 1 lth Circuit Court of Appeals bench review the matter in its entirety; a ruling
had not yet been made.
Village Manager
Village Manager Michael Couzzo reported the following:
• Stated staff put together a preliminary report on the Citizen Survey responses and a
complete report would be forthcoming next week; he thanked Ms. McWilliams and Ms.
Reid for completing the project and achieving a 20% turnout.
• The Village was notified by the South Florida Water Management District of the
modified water restrictions as result of recent rains. The restrictions have gone to a
modified phase 2; you can water your lawn and landscape two days a week for four hours
on the odd and even days and all other restrictions have been lifted. He stated they
continue to be in contact to determine what other implications this might have on the
Village.
• He would hold another negotiating session with representatives from Waste Management
and found the first meeting to be constructive. He explained the negotiations were for
commercial and residential garbage pickup and recycling throughout the community, and
stated the contract would expire in September.
• He met with representatives from the "Computers for Kids" program and they were
thrilled with the Village's willingness to donate used computers and have assured they
would put the computers to good use for elementary children who otherwise would not
have access to computers.
• He mentioned a coordinated effort between the Police Department and Public Works had
identified areas throughout the Village that were in need of improvements to roadway
traffic markings.
V. Presentations /Proclamations
1. Cost Presentation by Steve Palmquist regarding paying interest on employee
contributions per Gabriel, Roeder & Smith Company calculations proposal
Ms. Catherine Harding explained the General Employee Pension Board asked Mr. Palmquist to
prepare a survey on paying interest on employee contributions and to make the presentation to
Council.
Mr. Steve Palmquist of Gabriel, Roeder & Smith, the Actuary for the General Employee and
Public Safety Pension Boards explained most governmental pension plans allowed some sort of
interest to be credited on the contibutions employees made to their pension plans. Currently, he
noted employees contributed 5% of their salaries to the fund and if an employee left the Village
prior to being vested, they would receive a refund of their own contribution without interest.
Minutes -Village Council Regular Meeting 7/12/07
Page 3
V. Presentations /Proclamations (Con't)
He advised the Pension Board proposed the Village Council approve 3% interest paid on
employee contributions and in his experience was a modest proposal. He stated in their
calculations the present values of all the extra payouts that would be made, the interest paid to
terminating employees who would leave before vesting, the present value would be about $1600
with the annual converted to the Village of $100 per year. He stated when divided by the annual
payroll of the employees, it would equal 1 /100th of 1 % of payroll.
Vice-Mayor Watkins asked if this was normal business and Mr. Palmquist stated it was typical in
the public sector for interest to be credited to employee contributions. He explained, if approved,
an amendment to the Ordinance would have to be presented for first reading and prior to second
reading, an Actuarial Impact Statement would be filed with the State, which was largely
completed with the January report that was done and presented to the Board.
Council Member Amero asked how many employees this affected and Mr. Palmquist responded
25. Council Member Amero clarified the Village withheld 5% of the employees pay and it only
comes out to $100 and Mr. Palmquist explained the employee contributed 5% of their pay to the
Pension Fund. He explained the proposal was if an employee left before being vested, the
Village would credit 3% interest on their 5% contribution; it would be treated like a savings
account.
Mayor Humpage commented this was approximately $30 on $1000 in interest and clarified this
was standard practice to which Mr. Palmquist concurred. Council Member Amero stated it was
common practice in government, but not universal and said some governmental agencies bought
into it -others did not.
Council Member Paterno stated he would like to see the report and noted it did not sound like a
bad thing. Additionally, he asked what was common in the whole world -private. Mr.
Palmquist stated in the private sector, except for the mega corporations, there were not many
defined benefit pension plans.
Village Clerk McWilliams explained the proposed Ordinance would be placed on the August
agenda which would include the report.
Mr. Palmquist reiterated the total financial impact on the present value of all future expected
payouts was only about $1600; and converted to an annual cost was roughly $100 to the Village
per year.
VI. Consent Agenda
MOTION: Vice-Mayor Watkins moved to approve the Consent Agenda as amended with the
removal of Items 2 and 3; Council Member Amero seconded the motion; motion unanimously
carried S-0; therefore the following items were approved on the Consent Agenda.
Minutes -Village Council Regular Meeting 7/12/07
Page 4
VI. Consent Agenda (Con't)
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4. Village Council Workshop Minutes May 29, 2007
END OF CONSENT AGENDA
VII. Communications from Citizens
• Ms. Dottie Campbell, of 30 Eastwinds Circle and House Mother of the 50th Golden
Tribute Committee, received a phone call from Finance telling her the committee still had
$379 and asked permission to give the remaining Tribute books to the Chamber of
Commerce, Board of Realtors, and to leave some at front desk of the Village Hall and the
Community Recreation Center. Consensus of Council agreed.
• Ms. Kit Legato, 9 Bayview Court, stated she and her husband have lived in the Village
since the 1980's. She recently went shopping at Northlake Boulevard and picked up a
flyer requesting donations for soldiers and explained this was a program of "Americans
supporting Americans". She explained the program in detail and noted the Village of
North Palm Beach passed a Resolution supporting the program and asked the Village to
pass a Resolution as well. Consensus of Council agreed and the Mayor said staff would
get in touch with her to assist with the organization of the project.
• Mr. Russell Von Frank, 489 Dover Road, stated it was disconcerting to go around the
Village and see ordinances were not being observed. He referred to a lot on Country Club
Drive that was two feet overgrown and a house with a swimming pool and no fence. He
commented on the building on the Northeast corner of Dixie Highway and Village
Boulevard that had yet to be completed and was dilapidated. He stated the Village sold its
liens on 498 Dover Road and nothing had been done; the property had been in violation of
several codes. He suggested the Code Enforcement Department be removed from
Building and placed back in the Police Department.
• Ms. Bethany Humpage, 562 N. Dover Road, spoke in appreciation of the 50th Anniversary
Committee, who worked hand-in-hand with the Village employees and how Village
departments went above and beyond to make the event a memorable occasion. She noted
Michael Couzzo, Debra Telfrin, Lori McWilliams, Robbie Russo, Malou Kuper, Jody
Forsythe and Greg Corbitt deserve special kudos for their work and assistance and found it
a joy to work with devoted and selfless individuals. She finds it reprehensible that there
were people currently and previously serving on Council who do
Minutes -Village Council Regular Meeting 7/12/07
Page 5
VII. Communications from Citizens (Con't)
everything possible to demean, humiliate, and demoralize the Village. She reminded
Council that the employees of the Village had families, financial obligations and problems
just like everyone else and did not need to drive down Tequesta Drive in the morning
dreading coming to work due to the climate they would encounter. She stated this was a
wonderful Village of the people and for the people.
• Ms. Dottie Campbell, 30 Eastwinds Circle, a resident since June 1970, has attended
meetings since 1971, served three years on Council, one year as Mayor and served on
about every committee within the community as well as a Village poll worker. She stated
the integrity and honor of the Village was of great importance to her and recently read and
enjoyed Council Member Paterno's profile in Smoke Signals; then she re-read the
transcript of the June 14, 2007 meeting of Council Member Paterno's comments
(distributed a copy). She stated it was one thing to read the transcript; however another to
hear his voice -the tone, pitch, volume, inflection and visual body language and
presentation that was exhibited. She said until this meeting she never properly gauged the
recklessness. She stated the claims to be in possession of information, implications of
improprieties, allegations and words of astonishment and disaster involve the entire
Village; and remind her of the Senate Hearing involving Joe McCarthy.
VIII. Communications from Council
• Council Member Turnquest offered his congratulations to Sgt. Pike on his graduation
from the Academy. He referred to the Manager's Report and requested a summary from
department heads in lieu of whole reports. He felt if Council dabbled in the affairs of the
department heads then they were acting as Commissioners rather than Council Members.
Mayor Humpage stated he liked the statistics and preferred an overview from the
Manager. Council Member Amero agreed and liked the feedback and did not feel
Council was micromanaging; suggested it not be as detailed. Mr. Couzzo, the Village
Manager suggested condensing it into a summary report for the first couple of times as
guideposts to see how Council liked the format and Council Members Amero and
Turnquest agreed.
Council Member Turnquest asked if Council would continue with the application
requesting relief from the water restrictions in light of the modifications and Mayor
Humpage noted that would be discussed later on the agenda.
• Council Member Paterno noted he appreciated Ms. Campbell's comments and respected
her opinion and would take her comments into consideration.
• Vice-Mayor Watkins echoed Council Member Turnquest's comments regarding Sgt.
Pike's achievements and would like to know when employees were recognized.
• Mayor Humpage shared a card from the Riccardi family at 271 River Drive who made a
card thanking the Village and the committee for the SOt" Anniversary party.
Minutes -Village Council Regular Meeting 7/12/07
Page 6
IX. New Business
5. Council Authorization to seek an exemption from the South Florida Water
Management District for water restrictions (Tabled from the 6/14/07 Council
Meeting)
Mr. Couzzo, Village Manager explained the South Florida Water Management District
(SFWMD) had amended its water restrictions and the Village was now in amended Phase Two.
He noted he had a call into the SFWMD and needed a more specific position from them as it
related to the exact percentage restriction and how it would relate to the Village. He felt the
Village would fall into a percentage that would remove the Village from the surcharge; thus
making it more complex as staff would have to immediately do a meter read so the surcharge
would stop, otherwise the surcharge would have to remain for another month. He hoped to have
more information tomorrow.
Council Member Paterno asked how far we were into the billing cycle and Mr. Couzzo stated
approximately one week. Council Member Paterno asked if Council would waive this for a
month rather than send staff out to do a reading or wait until the end of the month. Mr. Couzzo
recommended deferring the issue pending a recommendation from the attorney since it was set
out according to Ordinance. He stated the Ordinance stipulated the surcharge was triggered by a
restriction required and if the restriction was lifted then the Ordinance would take the trigger in a
different direction and eliminate the ability to private surcharge.
Attorney Hawkins agreed the Ordinance used mandatory language and did not give Council the
power to opt out of the Ordinance; however Council could write a new ordinance and there was a
mandatory curtailment that there was a surcharge in place.
Council Member Paterno asked if the Village would have to send staff out to do a re-read of the
meters and Mr. Hawkins did not know the logistics. Council Member Paterno asked if it
occurred at the end of the week or at the end of the month and Mr. Hawkins explained it would
occur as soon as there was certainty from the SFWMD. Vice-Mayor Watkins suggested Council
leave it up to the Manager that as soon as he received word from the SFWMD that it had
dropped below 15% then he could send staff out to re-read the meters and Mr. Hawkins agreed it
could be done in that manner and did not believe Council needed to take additional action.
Mr. Couzzo did not believe this would take an extended period of time and suggested Council
table the item.
MOTION: Council Member Paterno moved to table authorization seeking an exemption;
seconded by Council Member Amero; motion carried unanimously 5-0.
Minutes -Village Council Regular Meeting 7/12/07
Page 7
IX. New Business (Con't)
6. Resolution 57-06/07, a Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, approving the purchase of one (1) rescue
vehicle (ambulance), in the amount of $193,090.74, from American LaFrance,
LLC, of Sanford, FL, through a piggyback purchase from St. Johns County Bid
#07-67 for ambulances, and authorizing the Village Manager to execute the
applicable contracts on behalf of the Village
Mayor Humpage read Resolution 57-06/07 into the record.
Fire Chief Weinand explained this was continued discussion from the August 15, 2006 workshop
on when to purchase the ambulance. Mr. Couzzo, Village Manager, reviewed several options
such as rebuilding the ten year old vehicle. He stated the real question was when the best time to
purchase a new ambulance was. It was still operational, however as it gets older it becomes less
reliable and was the secondary vehicle. He said the ambulance had been on 24 transports in the
past 18 months.
Chief Weinand explained typically they received 120 - 130 simultaneous calls a year; the
potential was there when there was a simultaneous call to need the second vehicle. He noted the
vehicle was good, however had a few problems over the past couple of years and have to borrow
an ambulance from the County. Mr. Couzzo noted there were mutual aide agreements in place
should our vehicles become unable to perform.
Vice-Mayor Watkins asked if this was delayed a year if the Village could still piggyback or have
to start all over and Chief Weinand advised they would have to start again. Vice-Mayor felt one
of the primary benefits the Village had going for its residents was the reliability and excellence
of the fire rescue and did not want to be the one to not support new equipment and then have the
truck break down and jeopardize the residents.
Chief Weinand advised the department had a strong preventative maintenance program to
minimize break downs and stated that if he did not believe the vehicle needed to be replaced then
he would not have requested the replacement. When he originally purchased the vehicle it was
not custom, but commercial and he advised Council back then it was a seven year vehicle and he
has stretched it to ten years and it was no longer reliable.
Vice-Mayor Watkins stated her inclination was to proceed with the safety of the public and
voiced support of moving forward with the purchase.
Council Member Amero stated he did not believe it was such a safety issue that it had to be acted
upon right now. He noted the backup vehicle had only been used 24 times in the last 18 months
and there was a mutual aid agreement that could be used to fall back upon; therefore there was
not a safety issue involved. He mentioned the ruling from Tallahassee was affecting all
governmental entities, and as such he would like to wait a little longer before committing to a
payment.
Minutes -Village Council Regular Meeting 7/12/07
Page 8
IX. New Business (Con't)
Village Manager Couzzo advised the Chief and himself felt it was prudent and responsible to
bring the item back as directed by Council at the workshop last year. He agreed this was not the
best time to purchase the ambulance and the Village could piggyback on another contract.
Council Member Turnquest commented on the Village giving more mutual aide than they
received; however felt the age of the vehicle was a concern. He would like to see a new
ambulance in place since the Village offered mutual aide and might be in a position to respond to
additional areas in the future; however voiced concern with how to cover the cost. He asked
what would be done with the old vehicle once it was put out of service.
Chief Weinand explained Martin County did not receive notification if the Village needed
assistance. He clarified the Village would only send one truck for mutual aide and would never
send all its resources; however when the Village needed assistance the County always sent
multiple vehicles. He agreed they could wait on the purchase at this time.
Mayor Humpage stated he had always been a public safety advocate; however agreed Council
should err on side of caution due to the budget constraints and was surprised that it would take
300 days to build.
Council Member Amero asked if there was anything that could be done with fees regarding
mutual aid, such as an increase, since it was lopsided. Chief Weinand commented that the only
fees were ambulance transport of which were due to be adjusted; however there were no mutual
aide fees. Mr. Couzzo suggested charging higher transport fees to those who were not within the
geographical boundaries of the Village.
Council Member Paterno asked if mutual aide could be decreased by bringing dispatch back in
house and Chief Weinand commented on the law suit Boca Raton and Delray Beach recently
won. Council Member Amero noted there would be an opportunity to negotiate with the County
soon since the lease was up in July and Mr. Couzzo mentioned that could be as early as January.
Chief Weinand stated the lease was over in July and originally Chief Bryce was going to close
Station 11 in January; however last week he stated he might keep them here until July because he
was told Tequesta was not going to cover at no cost.
Mayor Humpage voiced concern that once Station 11 closed the only County station available
would be Burt Reynolds Park, yet the County would continue to receive their 3% on their tax
revenues from Bermuda Terrace, Anchorage Pointe, and Waterway Village. Council Member
Amero suggested annexing them in and Mayor Humpage stated the County would continue to
receive revenue for fire protection and those areas would not have the ability to receive the
services. He suggested the Village should be compensated.
Council Member Amero suggested an increase in transportation fees. Chief Weinand did not
believe the Village could discriminate resident versus non-resident. Council Member Paterno
stated the Village residents were being dual taxed for the Village fire department while at the
Minutes -Village Council Regular Meeting 7/12!07
Page 9
IX. New Business (Con't)
same time the County was taxing other entities for services because the Village's resources were
servicing these areas and the Chief advised that was the argument of Delray and Boca Raton.
MOTION: Council Member Amero moved to table the item; Council Member Paterno
seconded,• motion carried unanimously S-0.
X. Any Other Matters
• Vice-Mayor Watkins discussed holding a Business Forum and stated her, the Village
Clerk and Mr. Couzzo's Executive Assistant met with Ms. Murtaugh from the Chamber.
She stated they would like to hold a Village of Tequesta Business Forum in October to
welcome the businesses, encourage dialogue and find out how the Village could assist
them. She hoped this would spin-off into the businesses hosting their own community
night to draw residents to their businesses. Council Member Amero stated it was a great
idea.
• Council Member Paterno stated he was concerned with a call he received from the labor
attorney who was calling Council Members regarding collective bargaining and felt it
was polling. He stated under Florida Statute 447.605 Council was allowed to have
Attorney Client Session closed meetings; however, in his opinion the attorney could not
poll Council Members over the phone on how they wanted to handle an issue. He stated
he did not want to participate. Additionally, F. S. 286.11 outlined that in order to have an
Attorney Client Session, the attorney would have to acknowledge in a public meeting
there would be a meeting, who would be in attendance, the session was to be recorded by
a certified court reporter, the entity would provide reasonable public notice of the session
to include the names of the persons attending the session and a transcript would be
available after the litigation or negotiations were completed. In his opinion, he stated he
did not feel it was appropriate to be polled by the attorney.
Council Member Turnquest stated he too had a problem with being polled, but he told
Mr. Carson he would taken his comments under consideration and to forward
documentation to him for review.
Attorney Hawkins advised polling was not permitted and proposed that he contact Mr.
Carson and express Council concerns.
Mr. Couzzo mentioned there was a difference between an attorney client session and a
closed door negotiation session and both functioned under different rules. He stated an
attorney client session required the recording, however a negotiation session did not and
the Village Clerk agreed. He said an attorney client session was used specifically for
litigation purposes only, and therefore those records become part of the official record
upon the conclusion of the litigation procedures, whereas with negotiations Council was
entitled to meet in closed session to discuss strategy without ever being made public.
Minutes -Village Council Regular Meeting 7/12/07
Page 10
IX. New Business (Con't)
Vice-Mayor Watkins asked Mr. Hawkins to have Mr. Carson clarify his intent to Council.
Council Member Paterno stated he received an email on Monday evening at 6:30 p.m.
from the Village Manager's Office indicating Mr. Hawkins and Attorney John Jenkins
would be here at 9:00 a.m. the next morning and if he wanted to speak with them to
contact Mr. Couzzo's Executive Assistant. He showed up the next morning at 9:00 a.m.
hoping to be updated on the utility status since he was the one that found the potential
discrepancies. He was told he was not able to participate because the Mayor was going
to participate and this would potentially cause a Sunshine violation. He felt he was
turned away and was bothered and would like to know how this would be handled in the
future.
Mr. Couzzo noted it was a miscommunication on the part of his staff. He stated Council
Member Paterno was asked to wait a few minutes because both members of Council
could not be in the room at the same time. Council Member Paterno stated he was told
that after the meeting he would get with him and let him know what transpired. Mr.
Couzzo stated he was asked to wait a few minutes. Council Member Paterno stated either
way he was the first one there and was shut out. Mr. Couzzo stated if there was a
miscommunication error on his or his staff's part that was not the intention. He explained
the Mayor had previously called and advised he was on his way; he was not aware that
Council Member Paterno was coming and he was asked to wait a few minutes since he
was the one that brought this to the Village's attention. Council Member Paterno stated
he was taken aback by the situation.
Mayor Humpage stated the entire Council received the same email and he contacted the
Manager's Office in the morning to advise them that he would like to meet with the
attorneys. When he arrived Council Member Paterno was leaving the Village. The
Mayor explained that after his meeting with the attorneys he asked Ms. Telfrin to contact
Council Member Paterno to return and Ms. Telfrin advised him Council Member Paterno
told her not to call him. Council Member Paterno stated that was correct because he
decided to deal with the issue in a public forum..
Mr. Couzzo stated the Mayor let his office know first that he was attending and as a
matter of protocol and etiquette he went first. He stated if Council Member Paterno had
responded to the email that he was going to come in at a certain time it would have
helped his office in planning.
Vice-Mayor Watkins stated that they all had to be aware of the Sunshine and felt this
could possibly happen again and needed to understand the situation; it was unfortunate
that maybe it was not presented properly that if you waited a few minutes you could go in
next. However, moving forward everyone needed to be patient and suggested giving Ms.
Telfrin a call in the future to let her know that you were interested in attending and
request a meeting time. She felt Council needed to be sensitive to the fact that no one
was being precluded and it was a timing issue.
Minutes -Village Council Regular Meeting 7/12/07
Page 11
IX. New Business (Con't)
Council Member Amero requested advance notice in a timely fashion to prevent these
issues and Mr. Couzzo agreed to be more sensitive to this in the future and appreciated
this being brought to his attention.
Council Member Amero felt Ms. Kit Legato's "Support our Troops" idea was
phenomenal and as a Veteran of Vietnam felt no one cared. He thought everyone in the
Village would volunteer and take part in the project.
• Council Member Paterno asked about the status of the trane and Mr. Couzzo stated it was
ready and the Village would be released from Jupiter in approximately two and half days.
He explained the Emergency Interconnect Agreement had been worked out, was timely,
and the facility was up. He noted it worked to the Village's advantage and the demand
was down a little.
• Council Member Turnquest recognized Dave Stewart the Mayor from Lantana who was
also the President of the Palm Beach County League of Cities. Mr. Stewart discussed the
"Let Us Vote Amendment", of which the Village was one of the last to join with a
Resolution in support of endorsing it being placed on the ballot. He noted the County
Commission had already agreed to place it on the November ballot. He explained the
amendment would protect a municipality's home rule and self destiny to represent itself
properly by keeping crazy amendments to the County Charter from happening.
He addressed areas the League could benefit the Village should it become more involved
such as adopting forgotten soldiers program. He referenced the ambulance purchase and
suggested Council strongly consider funding it in this year's budget due to the legislative
session making it difficult to fund major capital expenditures. He addressed the
dispatching of fire rescue services and it being lopsided, however noted the County was
there when the municipalities needed them with more than enough equipment and
resources.
He asked Council to adopt a "Let Us Vote Amendment" Resolution for the unity of the
League and a1138 municipalities.
• Mayor Humpage informed Council the old Publix building was going to be a Stein Mart.
Rev. Paul Beresford notified Council and the public that National Night Out would be held on
August 7, 2007 and would be hosted at the First Baptist Church.
Minutes -Village Council Regular Meeting 7/12/07
Page 12
XI. Adjournment
MOTION: Council Member Amero moved to adjourn the meeting at 9:06 p. m.; seconded by
Vice-Mayor Watkins; motion carried S-0.
Respectfully submitted,
Lori McWilliams, CMC
Village Clerk