HomeMy WebLinkAboutMinutes_Regular_08/10/2017 MINUTES
VILLAGE OF TEQUESTA
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REGULAR MEETING > � August 10, 2017
CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Abby Brennan at 6:00 p.m. A roll call was taken
by Village Clerk Lori McWilliams. Present were: Mayor Abby Brennan, Vice Mayor
D'Ambra, Council Member Vince Arena, Council Member Steve Okun, and Council
Member Tom Paterno.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Frank D'Ambra led the meeting with an invocation, which was followed by the
pledge of allegiance.
APPROVALOFAGENDA
MOTION: Vice Mayor D'Ambra moved approval of the agenda; seconded by Council
Member Okun; motion carried unanimously 5-0.
PRESENTATIONS
1. General Employee Pension Board Presentation
Pension Board Trustee Chair Michael Rhodes was available to answer questions.
Vice Mayor D'Ambra asked whether in the present financial atmosphere, active
managers were able to find the value to justify their fees. According to Mr. Rhodes, Dana
Investment Advisors formerly managed 75% of the total portfolio (50% equity and 25%
fixed); now they managed 15% of the fixed income portion with some in mutual funds
which were more cost efficient and 25% of equity with some in mutual funds which were
doing well in terms of gross retums and expenses. Dana Investment Advisors' fees were
75 basis points or 3/4 of 1% on equities and .04% on mutual funds.
Also of interest to Vice Mayor D'Ambra was the Pension Board's strategy in the event
of a market downtum, what indications would prompt action and what those actions would
be. Mr. Rhodes confirmed that they have had such discussions and explained that Dana
was not looking for a windfall but took a more steady management approach. He referred
to historical data in the agenda back up material, which illustrated outperformance in a
down market. If Dana's perFormance was subpar, The Board would consider reducing
their position and increasing the index fund investments_ Vice Mayor D'Ambra thanked
The Pension Board for the good work they do and for volunteering their time. Mr. Rhodes
added that he recently went through the permit process for his home and complimented
Building Department Director Jose Rodriguez, and his department for an outstanding job.
Minutes—Regular 08/10/17
Page 2
2. Comprehensive Annuai Financial Report (CAFR) for FY Ended September 30,
2016
Finance Director Chris Quirk introduced Baila Sherman of Marcum Accounting who
reviewed the CAFR for the Fiscal Year ended 9/30/16. Ms. Sherman referred to page
four, which corrtained the year's financial hightights and a year-to-year comparison. She
stated that the details on page 19 of the report showed Tequesta to be in great shape and
she thanked Finance Director Quirk for his involvement immedia#ely upon hire. When she
invited questions, Counal Member Patemo referred to the Village of Tequesta's standard
of two months of cash on hand and asked whether that was a best practice. Ms. Sherman
answered that it depended on how quickly the money was r�eded but the govemment
guideline was that anywhere between fiN!o to four morrths was sufficient.
Mayor Brennan said that since The Village was a small orga�ization, staff had a more
difficult job as they were held to same rules and regulations as larger cities. She explained
that auditors were required to write a letter listing deficiencies or problems and it had now
been 16 years that the Yllage of Teque.sta has had a clean opinion letter. She thanked
staff for the job they did and restated Ms. Sherman's oonf'�dence in Finanoe Director Quirk.
CONSENT AGENDA
Regarding Consent Agenda item nine, Council Member Patemo reminded the Yllage
Manager that funds to maintain and repair fire trucks would be lost if they w�ere not used
by the end of the year. Fire Chief Medina was cor�fidertt that all the money would be used.
MOT/ON: Council Member Okun moved app�val of the Consent Agenda; s�econded by
Vice Mayor D'Ambra; motron carried unanimously 5-0.
3. MINUTES: July 13, 2017 Regular Meeting
4. Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance
we are presenting the following agreements, proposals, commitrnents and
memorandum of understanding to Council.) 1. General GMC Trudc Sales &
Services Credit Applicafion — Public Worics: $N/A; 2. N. Alkurdi Interim
Employment Agreement—Fire Dept.: Previously Budgeted; 3. Point& Pay Client
Application � Nlerchant Service.s Agreement — Finanoe Dept.: $N/A; 4. Point &
Pay LLC E-Payment Services Agreement—Finance Dept.: $NJA; 5. Southeastem
Printing Smoke Signals Newsletter Quote 85480: $2,407.00; 6. Southastem
Printing Smoke Signals Newsletker Quote 85481: $508.�; 7. TVEyes Renewal
Agreement—Vilage Clerk: $1,200.00.
5. Approve Mutual Aid Agreemerrt befi�reen the Tequesta Police Departrnent and
Jupiter Island Public Safety Deparhment
6. Approve Thind Addendum of the South Florida Task Force Mutual Aid Agreement
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Page 3
7. Approve Interagency Information Sharing Agreement with Santa Rosa SherifPs
Office
8. Fiscal Year 2016/2017 Budget Amendments
9. RESOLUTION 34-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, INCREASING REVENUES AND
EXPENDITURES IN THE GENERAL FUND #001 2016/2017 BUDGET IN THE
AMOUNT OF $14,012.00 RECOGNIZING THE FAIR MARKET VALUE OF
SERVICES RECENED FROM PALM BEACH COUNTY FIRE RESCUE AS WELL
AS RECOGNIZING RELATED VEHICLE REPAIR AND MAINTENANCE
EXPENDITURES
END OF CONSENT AGENDA
COMMUNICATIONS FROM CITIZENS
To enable advertising on The vl{age webs�e, Beth Fike (43� County Line Road),
Executive Director of Hannah's Home, requested reoognition of their third annual Pumpkin
Patch as a vllage of Tequesta sponsored event. She shared the-dates and times the
patch would be open and the planned acti�rities. Ms. Fike stated that the goal was
fundraising for and sharing the mission of Hannah's Home. Mayor Brennan advised that
sponsorship was determined in a Council Nleeting vote; plaoemerrt of the item on
September's Council Meeting agenda would be discussed at the next Council Workshop.
COMMUNICATIONS FROM COUNCIL
Council Member Arena thanked thase in attendance, complimented the Building
Departrnent and requested a meeting with Deputy Public Works Director Chambers
regarding a kayak/paddleboard launch on the river. He reported educating a new resident
on the non-emergency services The vllage's Public Safety Departments offer. He next
complimented�Ilage Clerk Lori M�Iliams on the n�rest Smoke Signals publication that
contained an article mentioning Mayor Brennan's involvement in the Water Working Task
Force and useful hurricane information. He oomplimented Chief Medina on his
involvement and mer�tioned several items from the hurricane preparedness article
including the availability of currerrt, accurate public statements from the Village Clerk.
Mr.Arena appreciated Villac�;Aitomey Davis' availability to Council at no extra charge.
�ce Mayor D'Ambra recalled a water utility rate study that showed The �Ilage
had insuffcient �e,serves for the water servioe and plant. He stated that there
was a rate increase over a three-year period while a utility tax was gradually reduoed
to counter the rate increase and effective October 1, 2017, the tax would be eliminated.
As part of her Tastes of Tequesta tour Mayor Brennan reported that she patronized the
new Domino's Pizza restaurant by sharing pizza at the Village's summer camp where she
thoroughty enjoyed mceting the childr�n. She promoted the benefds of her Taste of
Tequesta tour and encouraged the community to support local businesses.
Minutes—Regular 08/10/17
Page 4
STANDING REPORTS
Vilia�e Attornev
Village Attomey Keith Davis reported attending the Florida Municipal Attomeys
Association annual meeting in July at which there was a presentation on the Offioe of the
Inspector General Funding litigation. In that presentation, The Vill�e of Tequesta was
publicly thanked for its participation through the trial and appeal processes. He advised
that he would attend the upooming Florida League of Cities'annual oonference specifically
the Legislative Committee for Urban Administration of which he was a member. The
priorities of the committee involved regulations for sober homes ar� Home Rule
preservation. He also stated that on September 1�"', the court was schedu�d to hear a
final motion for summary judgement in Thomas matter and over the last month, he had
received calls from parties interested in the property. The Luscavich appeal was stayed
while the Florida Supreme Court c�nsidered acoepting jurisdiction in an unrelated case
but one based on same legal principle raised in the Luscavich case.
Villa�e Manas�er
Vilk�ge Manager Couzzo advised he was working with the principal carriers
regarding improved celtular rec:epfian in the Courrtry Club by installing a light-pole
sized tower rather than a large one. Mr. Okun added that he also conversed with AT&T
about it, which had the potential to extend their leases arui provide additi�al revenue.
REGULAR AGENDA
OLD BUSINESS
There was none.
NEW BUSINESS
10. SE 04-17: Special Event Permit Application from Palm Beach Roadrunners for
the 17th Annual Run 4 the Pies four mile road race. The event is planned
to take place on November 23, 2017. It witl start and finish at Constitution
Park. Alcohol will not be served. Projected number of attendees is 2,200 people.
Community Development Director Nilsa Zacarias introduoed this item and there were no
further comments.
MOTION: Council Member Okun moved ap�val of SE 04-17; second�d by Vice Mayor
D'Ambra; motion carried unanimously 5-0.
11. ORDINANCE 17-17, FIRST READING, AN ORDINANCE OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING
ORDINANCE 586 REGARDING THE VOLUNTARY ANNEXATION OF CERTAIN
REAL PROPERTY LOCATED ON U.S. HIGHWAY ONE PREVIOUSLY OWNED
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Page 5
BY DEBORAH AND DOUGLAS HOWELL AND CURRENTLY OWNED BY BARTL
REAL ESTATE, INC., IN ORDER TO REVISE AND AMEND THE STATED INTENT
OF THE ANNEXATION AND THE LEGAL DESCRIPTION OF THE PROPERTY
SO ANNEXED TO INCLUDE THE EASTERLY RIGHT �F WAY BUFFER AS
ORIGINALLY CONTEMPLATED; PROVIDING THAT THE REAL PROPERTY
VOLUNTARILY ANNEXED BY ORDINANCE 586,ALONG WITH THE EASTERLY
RIGHT OF WAY BUFFER THERETO, ARE HEREBY ANNEXED PURSUANT TO
SEC. 171.044, FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF
TEQUESTA CHARTER; REDEFINING THE BOUNDARIES OF THE VILLAGE OF
TEQUESTA TO INCLUDE ALL OF SAID REAL PROPERTY AND EASTERLY
RIGHT OF WAY BUFFER; DIRECTING THE VILLAGE MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS ANNEXATION; DIRECTIIVG
THE VILLAGE CLERK TO FILE A COPY OF THIS ORDINANCE WITH THE
CLERK OF THE CIRCUIT COURT IN PALM BEACH COUNTY, THE
CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY AND
WITH THE DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER
ADOPTION; PROVIDtNG A CONFLICTS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTNE DATE; AND FOR OTHER PURPOSES.
�Ilage Attomey Keith Davis read Ordinanoe 17-17 ti�e into the record and
explained that this annexed the last piece of the Jupiter Heights Plat alley n� included in
the 1995 annexation and completed what was begun at that time. Mayor Brennan opened
the item for Council, then public comment but there was none.
MOTION: Council Member Okun moved approval of Ordinance 17-17;seconded by Vice
Mayor D'Ambra; motion carried unanimously 5-0.
Village Clerk Lori M�Iliams left the room and retumed after a few minutes.
12. VAR 02-17 Time Extension: Application from Bartl Real Estate, LLC. for an
extension to the variances granted by the Village Council on March 10, 2017 for
the Austrade Office Building.
Community Development Director Nilsa Zacarias e�lained that since the applicant was
unable to c�mply with the variances by the specified time, he requested an e�ctension.
Council Member Patemo spoke against the varianoes while Vice AAayor D'Ambra felt the
variances were minimal.
MOT10N: Vice Mayor D'Ambra m�oved approval of VAR 02-17; seconded by Council
MemberAi+ena; motion carried 4-1 with Council MemberPatemo opposed.
13. SPR 3-17: Application of Bartl Real Estate Inc. for a site plan review to build a four
(4} ievel 15,296 sq. ft. office building. The application includes a landscaping plan,
one (1) monument sign, and other site improvements on the parcel. The property
is located on US Highway 1 beiw�een Palm Court and Harbor Road South in
Tequesta, Florida, 33469_ The legal description for the property is JUPITER
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Page 6
HEIGHTS L TS 1 TO 9 INC �ABND 40 FT STRIP L YG W&ADJ THERETO BLK
5. The Paroel Controi Number for the property is 60�3�0-30-02-005-0010.
Village Attomey Keith Davis explained the quasi judicial nature of SPR 3-17 and swore in
17 people. Council admitted no ex-parte communication. Community Development
Director Nilsa Zacarias outlined the reviews this site plan had been through and it was now
before Council for final consideration. She noted that conditional approval included
compliance with varianoes.
Michael Sanchez, Certified Planner with Managed Land Entitlements represented the
Austrade office site owner who was in the heatth food ingred�nt business and expected
growth. This site plan was for a professional office building to hou.se 25-30 employees.
He stated that after meeting with nearby residents, changes were made to pr�evious plans.
Mr. Sanchez showed a presenta�on of the site and other nearby busi�esses. He
investigated locating a driveway on US Highway 1 but the Florida Department of
Transportation disapproved. Mr. Sanchez reported that their plans to improve the alley
were in alignment with the Florida Departrnent of Transportation's planned US H�hway 1
improvements. He noted a change from the previous plan was that the main entrance
glass naw extended to the top of the building and he mentioned that the owner would
initially oa:upy the upper floors while the first floor was tenant oocupied. Another new
element was a retractable roof access door. Since nearby residents voiced opposition to
the rooftop access, he relayed Mr. Bartl's assurances that no activities would be conducted
there and revealed their future ideas included a "green roof and solar panels. He talked
about the landscaping, drainage, direction of travel in the alley, and a�iition of a wall
proposed by neighbors for which he sought approval. Mr. Sanchez summarized that this
end-user project was compatible with the neighboring area and emphasized tha#they met
or exceeded all the requirements to date.
Attomey Davis aocepted Mr. Sanchez's presentafion as part of the record. Council
Member Okun felt that the site plan was overcleveloped and would become more
congested in the future with the addition of more employees; his other conoem was the
amount of light that would shine to the east. Ca�ncil Member Arena appreciated all the
extra considerations including meeting with the neighbors and asked if it was possible for
Frank Sardina to work with the developer on plans for the alley landscaping. Mr. Sanchez
welcomed the idea. Council Member Okun envisioned an egressing traffic bottleneck,
however Mr. Sanchez countered that exiting cars would line up on the site and not the
street. Council Me.mber Ar�ena asked if neighbors were permitted to use the parking lot on
the weekend if needed but Mr. Sanchez did not know.
When Mayor Brennan called for public comment, Joshua McManus of 3417 Harbor Road
South, and Erin and Phit Babbit of 3447 Palm Court were all opposed to SPR 3-17. Among
the complaints they voic�ed w�ere a failure of Council to reply to a letter written to them;
contradictory decisions regar�ding the variance for �ear parking; with easier roof acxess,
concem about possible ac�ivfies on that level; planned rooftop solar panels were
hazardous to nearby residerrts; and flawed traffic studies were used. .
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Upon inquiry into the traffic study by Mayor Brennan, Mr. Sanchez provided general
information, howoever Attomey Davis advised that if Council wished, they could request
testimony from the traffic study engineers. Regarding use of the Budget Car Rental
parking lot (mentioned by neighbors in conjunction with flawed traffic studies), Attomey
Davis stated that it was being used in compliance with a special magistrate ruling based
on Palm Beach County approvals from the original development.
Council Member Okun revisited possible rooftop acbvities and stated that while he would
like to believe the developer, he did not want the roof used as an additional floor or ugly
light source and again mentioned traffic concems. �Ilage Attomey Davis advised that
nothing in the code forbade roof access but conditions of approval could be made if
reasonable and related to The Vllage's responsibility for er�foroement. Ms. Zacarias
referred to the variance order regarding off-street parking and the parkirx�garage area and
suggested that any conditions to approval be consistent with the variance.
After further discussion between several Council Members regarding the variances,
parking spaces and open or closed garage doors,Attomey Davis stated that the variances
that had been granted were now considered what the code allowed for this site. Council
Member Patemo reiterated that he was against it and while Council Member Okun said he
was happy to see the site developed, it was too big.
When Mayor Brennen r�equested input from a traffic engi�eer, Trent Ebersoll of McMahon
& Associates provided some detaii about the st�y and assured that it was conducted
appropriately at all levets. He concluded by stating that the traffic volurr� generated by
this site onto Palm Court was insignificant. Regardirx�the rooftop, Mayor Brennan stated
she did not want it to be a greenspace or any place that would invite use as another floor
and Council Member Arena asked whether use of the rooftop could be stipulated. Attomey
Davis answered that it could be made a condition of approval.
Further discussion occurred between Council, Mr. Sanchez and Tequesta Police Chief
James McGrew and Attomey Davis regarding planned garage doors for the rear parking
spaoes, when those doors would be open, anticipated business hours and safety of the
parking area. Council Member Okun left the room at 8:18pm.
Counal M�r�ber Patemo sta�d he had not heard about a wall so Mayor Brennan called
on Mr. Sanchez again to explain. He relayed that the wall would run the length of the alley
and was requested by neighbors. Council Member Okun retumed at 8:21pm. Community
Development Director Zacarias advised that addition of a wall required review by the
Community Development Committee.
MOT/ON: Vioe MayorD'Ambra moved apprr�va!of SPR 3-17 witfi the following conditions:
1. Roof accessible for maintenance only;2. Garage doors open 8am-6pm Monday-Fiiday;
3. Wal! on east si�e of aNey wif/ be part of the plan (2.5'x 150) seconded by Council
Member Ar�na; mofion camed 3-2 with Council Members Patemo and Okun in dissent.
Minutes—Regular 08/10/17
Page 8
14. RESOLUTION 33-17, INCREASING REVENUES AND EXPENDITURES IN
THE GENERAL FUND #001 2016/2017 BUDGET IN THE
AMOUNT OF $48,000.00 RECOGNIZING ADDITIONAL LAND
DEVELOPMENT REVENUES AS WELL AS RECOGNIZING
RELATED CONTRACTUAL LABOR AND LEGAL EXPENDITURES
Village Attomey Keith Davis read Resolution 33-17 title into the record. Chris Quirk briefly
spoke.
MOTION: Council Member Steve Okun moved approval of Resolufion 33-17; seconded
by Council MemberAr+ena; motion carried unanimousty 5-0.
Council Member Okun left the meeting at 8:25pm
15. Approve Health Insurance Renewal with Blue Cross Blue Shield (BCBS)and Dental
Renewal with Metlife
Human Resources Director Merlene Reid explained that tt� cost of employee hea�h
insurance increased five peroent—�omparatively quite good—and a representative of The
Village's Insuranoe Brokerage, The Gehring Group, was available for ques#�ns. Vice
Mayor D'Ambra and Mayor Bnennan complimented the Gehring Group for their work to
keep rates as low as possible. The Gehring Group representative, Rommi Mitchell
answered questions from Council Members Arena and Patemo about rates and
deductibles. Counci! Member Okun retumed at 8:26pm
MOTION: V'r�.e Ma�or D'Ambra mo+�d apprr�val of Item �5;seconded by Council Member
Okun;modon carried unanimously 5-0.
16. Approve the Renewal of a 1-Year Agreement with FMIT for Property, Liability,
Automobile and Workers' Compensation
According to Human Resources Director Reid, Worker's Compensation eacperienced a
large but unavadable increase due to The vllage's daim history along with The Heart and
Lung legislat+on oonsequences. When asked about the number of claims, st� explained
that it was not as much the quantity of claims but rather their cost that affected the rates.
MOTION: Vice Mayor D'Am6ra moved appioval of Item 16;seconded by Council Member
Arena; motia► carried unanimously 5-0.
17. Approve Verizon GPS Installati�on Agreement for New Vehicles
Deputy Public Works Director, Doug Chambers explained that this was a request to lease
soflware from Verizon to link to GPS devioes in the new�er Public Works vehicles. Some
Council Members began to discuss similar technology for police radios, however Vice
Mayor D'Ambra stated a Council Workshop was the appropriate venue for that discussion.
Minutes—Regular 08/10/17
Page 9
MOTION: Council Member Okun moved approva! of Item 17; seconded by Vice Mayor
D'Ambra; motion carried unanimously 5-0.
18. Approve Solid Waste and Recyclable Coilection Services Agreement between the
Ullage of Tequesta and Waste Management, Inc. of Florida beginning October 1,
2017 and ending September 30, 2025
Village Manager Couzzo said that The �Ilage had used Waste Management for nearly
finro dec;ades but rec:ently underwent an evaluation of the marketplace. Mr. Couzzo
summarized that Waste Management ranked the highest of three providers, then
negotiations for terms and services were held in which the offioe of the Inspe�tor General
participated. He reported that the resutts were favorable for The Village and thanked the
evaluating and negotiating committees as well as Waste ManagemenYs negotiating team.
MOTION: Council Member Okun moved approval of Item 18; seconded by Vice Mayor
D'Ambra; motion carried unanimously 5-0.
Village Manager Couzzo excused himself from the meeting at 8:48pm.
19. RESOLUTION 36-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, APPROVING A ONE TIME
PERFORMANCE BASED RECOGNITION COMPENSATION AMOUNT FOR
THE VILLAGE MANAGER FOR FISCAL YEAR 161171 N ACCORDANCE WITH
SECTION 4. OF THE SECOND EMPLOYMENT AGREEMENT BETWEEN THE
VILLAGE MANAGER AND THE VILLAGE OF TEQUESTA DATED AUGUST 5,
2010; PROVIDING AN EFFECTNE DATE AND FOR OTHER PURPOSES.
�Ilage Attomey Keith Davis read Resolution 36-17 title into the record followed by Council
discussion of Village Man�er Couzzo's job perfamance over the last year. Council
Members Patemo and Arena and V'roe Mayor D'Ambra did not agree with Mr. Couzzo's
methods of staff and information management and were opposed to grarrting a bonus.
Council Member Okun fett that Mr. Couzzo was canmitted to The �Ilage and that
residents benefitted as a result, so he was in favor of a bonus. Mayor Brennan also had
no doubt that Mr. Couzzo was dedicated and reminded that he kept The Village finances
stable during the reoent eoonomic downtum. How�ever, she agreed with tl� majori#y
regarding his management style and concurred that he should not receive a bonus this
year, but added that what he had done in the past should not be forgotten.
MOTJON: Council Member Patemo moved disapproval of ltem 18; seconded by Council
MemberArena; motion carried 4-1 with Council Member Okun in dissent.
ANY OTHER MATTERS
Council Member Patemo thought it was time to review the �Ilage Charter, as he would
like some things within it adjusted. He suggested formation of a charter review committee.
Attomey Davis advised that charter review was a lengthy process. Council Member Arena
wanted to investigate the idea of a canmunity c:enter by visiting at least three of them with
Minutes — Regular 08/10/17
Page 10
Parks and Recreation Director Greg Corbitt. He also wanted to work with Deputy Public
Works Director poug Chambers on some related items, offered to research designs and
mortgage rates, and obtain feedback from other facilities. Attorney Davis reminded
Council Member Arena that permission to work with Department heads came from the
Village Manager. Consensus of Council agreed to have Council Member Arena
conduct this research.
ADJOURNMENT: Council Member Patemo moved to adjoum the meeting; seconded by
Vice Mayor D'Ambra. The motion to adjoum carried unanimously 5-0; therefore, the
meeting was adjoumed at 9:17 p.m.
Respectfully submitted,
� �- F�1�C.�l��i
Lori McWilliams, MMC
Village Clerk
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
verbatim transcripts of the meeting. A verbatim audio record is available from the office of
the Village Clerk. All referenced attachments are on file in the Village Clerk's office.