buffer here right there you go really for got all right good evening everyone is 600 p.m. I'd like to call this meeting to order it is April 11th 2024 and this is our spe special council meeting Lori can I get roll call please Mayor Young here vice mayor Brandon here Council here Council here Council here thank you can I get a motion to approve the agenda so moved second all in favor I all right and now I'll hand it over to Keith thank you good evening everybody this is The Village's annual reorganization meeting and the next item on the agenda uh is communication from citizens I just I Want U to explain this is um your opportunity to make any public comments that you have regarding everything else that's on the reorganization agenda so uh we'll be swearing in uh council members French Brandon and Sartori then we'll be uh reorganizing and uh the council will be appointing a mayor and a vice mayor for the next year and then there will be Council remarks and adjournments so if anybody has any public comment that they wish to make regarding any of those items now would be the time uh to make those comments I don't know if we have any comment cards is there uh any uh we have no cards but is there anybody who wanted to make a public comment regarding those matters uh that we're going to be dealing with right now it does not appear that there is um so we will move on to to um agenda item number one which is the council Oaths of office for seat one Mr French seat three Miss Brandon and seat five Mr Sartori and I believe the clerk will be administering those Oaths she said that I will support protect and defend will support protect and defend constition constition and government of the United States government of the United States and of the State of Florida of the state of florid against all enemies all enemies domestic orign Dom and I will bear true Faith Fai loyalty and Allegiance loyalty and aliance to the same to the same and I am entitled to hold office and entitled to hold office under the Constitution under the Constitution and that I will Faithfully perform I will we perform all the duties all the duties of the office of counil office3 to enter to meeting and then it's a style we have something [Applause] all right congratulations we now have a fully constituted Council for the next uh the next year the next item on the reorganization meeting agenda is um the appointment of one council member to serve as mayor for the next year under our Charter uh at this meeting the council is obliged to uh appoint one of your members as mayor for the next um uh year so I this time I would call for nominations um for the seat of mayor for the uh 2024 2025 Year Mr Davis I'd like to uh nominate Molly young as forier thank you Miss Young do you accept that nomination I do thank you are there any other nominations at this time there do not appear to be any other nominations um by virtue of the fact um does anybody um oppose anybody on the council um in opposition to uh Molly young being named as mayor for the upcoming 2024 2025 year no if not then by unanimous acclamation Mayor Young you are um you are The Village's mayor again for 2024 2025 congratulations in the same uh fashion uh The Village Council by Charter is also required to appoint one of its members to serve as vice mayor um for the same 2024 2025 year so at this time I would um Mayor Young is not eligible to serve in that capacity but of the other four of you I would call uh now for nominations for one of you to serve the office of vice mayor I'd like to nominate Patrick painter whoa Mr painter's uh been nominated do you accept that nomination yes are there any other nominations for the office of vice mayor at this time yes I'd like to nominate Rick Sartor Mr Sartor do you accept that nomination yes I do okay are there any other nominations for the office of vice mayor there better not be because then it starts getting really com all right then what we will do um I will um ask for a vote uh we'll take them in the order uh that the nominations were made um and I think it probably be best to do a roll call vote so that we know um exactly what we have um uh roll call vote for uh Patrick painter to serve as uh The Village's vice mayor for the next 2024 2025 years okay Mayor Young no vice mayor Brandon yes council member P um you know I this is odd but I'm gonna say I'm gonna say no I'm good council member no counc no okay the motion fails 4 to one so in the same fashion uh call ask for a roll call vote uh on the nomination of Mr Sartor to serve as vice mayor for the 2024 2025 year Mayor Young yes Vice May Brandon yes council member P yes Council yes Council FR yes that is unanimous congratulations Mr Sartor you will serve as Vice May all right so I think I have um completed my role in the reorganization meeting I would turn it back over and now to Mayor Young for uh Council remarks thank you Keith yeah I I'll open up our Council remarks I will go ahead and start I just first of all I want to uh thank the outgoing vice mayor Brandon for your support this past year here I know anytime um I was not able to do something she always showed up and was there for me and so you know you always um support the village your heart is in it and I really thank you for your service in the vice mayor role this past year and Jason welcome Patrick another year and uh vice mayor s try I am I'm really looking forward to you serving a vice mayor next to me and being there for support this upcoming year congratulations thank you very much thank you welcome Mr French and I look forward to our hardworking year with all of you guys we have a lot to do so let's get to work thank you to the line sure I would like to take a additional moment and thank my uh thank God my family and friends for uh just supporting me my entire life a lot of my uh families here friends colleagues colleagues that are friends as well and I do appreciate the support on um I guess a Journey that has been my life and I would just ask that everybody's here that everyone is here that supports me um continue to help support and Mentor me especially through a position like this uh public position can be tough on individuals up here and their families as well um so thank you babe for always staying by me in positions I've served in this way because it it it takes a lot um to be up here and serve serve the public which is very honorable and I'm humbled to be here but would ask all of you to to help support and Mentor me over this time I will probably make mistakes so please give me a phone call uh and let me know respectfully that I'm making a mistake and I will I will absolutely listen uh thank you well um congrats council member wrench that is awesome um congrats Mary young again and Lori you're awesome thank you for doing that uh congrats vice mayor sator um now all I will say is I think this past year we've had a a really solid Council we've all I think um generally worked very well together and I don't see that changing at all with the addition of council member French so I'm just excited for another year I think Rick you'll do an awesome job as vice mayor um and I'm just looking forward to it thank you uh mayor congratulations uh vice mayor thank you for your service you did a wonderful job and welcome to Jason French I know you'll do a fantastic job and to Patrick um I'll miss not sitting next to you but oh I didn't think about um oh this is and last year last year at this time I made a comment that I would never legislate Village Politics on social media and I'll make that pledge to you again I will not do that um there's a time and a place to legislate politics and it's here in this chamber it's face to face it's on a telephone call or it's in an email not in an environment that becomes unruly like social media during this campaign I did walk around uh almost every home in Testa uh ended up knocking on about 6 every neighborhood let me qualify that knocked on over 650 doors with my wife thank you Mora um and spoke with hundreds of people the feedback that I got and that I received was very consistent the fabric of taquesta is what makes taquesta truly taquesta not negative energy not misinformation not misleading information and definitely not lies plenty were told about me my family my wife was attacked and that is not what this Village is about the majority of the people that voted voted to say we support people with vision we support people that are willing to go out and stick their neck out and to talk to people and not hide behind social media I went to people's homes to confront them if they had a question or they they were given misinformation I went to see them they may not have been happy but they heard it from me they heard my version of the truth not somebody else's interpretation of my truth and what I heard and talking again knocking on 650 doors and talking to hundreds of people tons of businesses was that the people of taquesta want to keep taquesta just like it is they reject negative campaigning they want to stick to the facts they want to stick to your voting record and they want somebody they can talk to and not disagree with disc disagreement is not Discord disagreement is an opport opportunity to understand where the other person is coming from and that's how I will always govern I made you that promise last year I'll make you that promise again you want to call me a week before the vote the day before the vote I will not only tell you how I'm going to vote I will tell you why I am voting that way and if we have disagreement again that is not Discord let's talk about it let's exchange information so I know where you're coming from and you know where I'm coming from so it's a civilized conversation not some spiral down downward on a social media platform that nobody wins with so I'm proud that I was reelected with 61% of the vote I'm proud to serve with these people up here and again you will know how I govern because what I told you tonight and if I ever don't do that you hold me accountable because this is not what our village is better than what happened it really is our village has a fabric that we want to maintain and I appreciate everybody's opportunity to be up here again and I look forward to serving next to our our mayor May Molly young so thank you very much thank you rner and uh very quickly before I call for a motion to adjourn we do want to recognize Mr Tom Bradford you have a plaque right okay uh thank you so much for your service for filling the vacancy we did give you uh the Abby Brennan mayor a ward so you know your history here goes back quite some time and we couldn't have done it without you thank you so [Music] [Applause] much this picture's for you Tom for you fig this out left trying to go up right there all right I'll take it congrats and if you want to keep the [Applause] back hey and with that can I get a motion to adjourn so moved second all in favor I I all right moving on do have do I need to oh we need to move our seats quick pause and then we'll start the next meeting break get into the new ingredient I could have made it far more Awkward yep I'm four I don't have to move oh really oh yeah yeah are sure wow there's like that my like 20-month-old son You Can't Take Your Eye Off him for a second four-year-old you can kind of kind of let her do her thing for the most part but I think [Music] take them all the beauty of it I got it thank you sign your yes thank you s yeah I see what he's sending oh you H your go up all right I'm it is 6:19 p.m. I'm going to call the meeting to order it is April 11th 2024 it's a regular council meeting Lori can I get roll call Mayor Young here vice mayor here counc here counc here Council here here and the invocation and Pledge of Allegiance will be led by council member painter okay thank you Mar young good evening everyone if you could bow your heads if you so choose please join me in prayer dear heavenly father we want to thank you for this opportunity to gather here tonight surrounded by so many wonderful people from our community to give thanks and discuss the future of our village Lord we thank you for the abundance of blessings you have bestowed upon us and we ask that you keep everyone in our village especially our First Responders safe and healthy and provide us with opportunities so that we may provide opportunities for others let us strive for greatness in all that we do and remind us to always count our blessings during a time with so much opportunity for our village there's also a great deal of uncertainty in the world around us and so many challenges that we will inevitably have to face in the future for that reason Lord we ask that you be a beacon of light Our Hope and The Rock on which we stand so that we may glorify you in all that we do do in your name we pray amen amen please join me in the Pledge of Allegiance I to the flag the United States of America and to the for it stands Nation God indivisible with liy and justice for all um Council if you guys don't mind I before we move on in the agenda I would like to take a moment to recognize an important figure from our community that's okay yeah so um as some of you may know Tom Paterno a longtime resident in taquesta passed away on March 29th 2024 at the age of 65 Tom was a dedicated public servant who served our community with an unwavering commitment he sat on Village Council from March 2005 to March 2019 making a significant impact during his tenure his fellow council members appointed him vice mayor from April 2006 to March 2007 and again from March 2009 to March 2011 he was then appointed mayor a role he held from March 2011 to March 2013 Beyond His official duties Tom was known for his love of the village in one of his early interviews in The Village's newsletter smoke signals Tom Shar a heartwarming story about his first years as a dequest to resident during a time when his house was under renovation and he had nowhere else to store Christmas presence his new neighbors came to his Aid this act of kindness deeply touched him and exemplified the spirit of community that he cherished in Desta Tom often spoke of Desta as his paradise emphasizing the exceptional Parks services and most importantly the people that made the village special he believed that it was a neighborly attitude of the residents that truly set Desta apart Tom is survived by his wife Susan Paterno and his children Ryan bam and Susan he will be deeply missed by his family friends and the entire DEA Community Council is anything you'd like to add that's I think about it for a second sorry guys so there was I think I worked with Tom for like two years and it's so hard to think I'm not here so I'm sorry for you guys for your loss cuz he was a great man that's all I got all right thank you okay I'm moving on the agenda can I get approval approval of the agenda agenda please so move second second all in favor I okay presentations our first presentation tonight is a proclamation proclaiming May 5th in May 4th and 5th as American Legion auxiliary poppy day whereas the Ry is a symbol of the American sacrifices where Theon every and or her country where is disabl admin Medical Center in St Petersburg Florida and whereas all monies that are collected are used exclusively for the local veterans and their families now therefore mayor Molly young mayor of the village of Testa proclaims May 4th and 5th 2024 as Cy days in the village of Testa and in doing all citizens to join in a national effort to raise the awareness of the men and women who gave their all for our freedom thank you and I just want to say I I have a a collection of poppies and I keep them in view at you know at my office desk and it's a great reminder every time I look at them of uh the service from our from our veterans I you're okay you're say you right find it he presentation two tonight is a proclamation proclaiming May 2024 as Building Safety month whereas the village of Testa is committed to recognizing that our growth and strength depends on the safety and essential role of our homes buildings and infrastructure play both in everyday life and when disasters strike whereas our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant Guardians building safety and Fire Prevention officials Architects Engineers Builders trades people design professionals laborers plumbers and others in the construction industry who work year around to ensure the safe construction of buildings whereas these Guardians are dedicated members of the International Code Council a nonprofit that brings together local state territorial tribal and federal officials exer experts in the build environment to create and implement the highest quality codes to protect us in the buildings where we live learn work and play whereas these modern building codes include safeguards to protect the public from hazards such as hurricanes storms tornadoes Wildland flow fires floods and earthquakes and whereas Building Safety month is sponsored by the International Code Council to remind the public about the critical role our community's largely unknown Protectors of Public Safety our local code officials who assure us of safe sustainable and affordable buildings that are essential to our prosperity whereas Mission possible the theme for building safety month 2024 encourages us all to raise awareness about building safety on a personal local and global scale whereas each year an observance of building safety amongs people all over the world are asked to consider the commitment to improve Building Safety resilience and economic investment at home and in the community and to acknowledge the essential service provided to all of us by local and State Building departments fire prevention bureaus and federal agencies in protecting lives and property now therefore mayor Molly young of the village of Testa in recognition of this event does hereby proclaim the month of May 2024 as Building Safety month thank you and I just the proclamation said it right think sometimes are building departments are the uh um what it say was the unknown Protectors of Public Safety because you are kind of behind the wings and you do um a lot with um you know building review and inspections and making sure everything is constructed safely so and I know from experience it's a very tough job as well so we very much value and appreciate everything our building department does just okay agenda item three is a proclamation proclaiming April 26 2024 as Arbor Day I don't think we're going to read that in the record tonight but um there will be an event that I think it's already been posted on social media on uh April 26 so we will read the proclamation then and moving on agenda item four annual General employee pension board update okay here we go good evening um mayor young fellow council members Village uh manager Village attorney I'm Ben Ward I in February was elected chairman of your general employees pension fund board and uh been serving since 2016 and it's been a pleasure to uh serve the employees of of the village OFA tonight I'm going to present a brief summary of of the of the fund and the performance of it and give you a little information about what's what's going on and what's going to happen in the future um our last regular meeting was February 5th and um our next meeting is May 6 now I know that's just general information but what I'd like to extend to the council and to the general public our meetings are they are available to view um via internet and so if anyone want wishes to either participate in person or participate via computer uh we have that accommodation so if you want to see a lot of numbers tune in um I'm going to provide some investment performance first first by um Dana investment advisers they're the folks that um invest um some of our our equities some of our equities as well as some of our fixed income they are our active manager for for those Investments and just to give you a summary our Equity returns um were 13.03% versus an index of 11.69 for the quarter ending um December 31st our three year average with with the equities has been 7.57 against the index of 10% and the 5-year average is 14.15 against an index of 15.69 since uh they've been U managing those Investments since 05 they've achieved a 9.58 uh return against an index of 9.99 the fixed income assets that they manage um for the quarter return 5.11 against an index of 5.50 and then the three-year average was a negative 1.85 against an index of negative 2 2.06 the fiveyear average is 1.13 against an index of 1.14 since uh they've been managing since 05 the annual return has been 2.84 against an index of 2 87 our investment advising firm is anco and Jennifer G gainford is our representative and um she provided their quarterly report as of the end of the quarter our Market plan has a value of 9,435 721 at the end of the quarter the asset alloc allocation is as you can see 54.8% for Equity domestic Equity that's us companies uh International equities of 13.1% fixed income domestic fixed income of 19.1% global fixed income of 3.9 and then we also have U real estate Investments of that are 88.4% of our fund then we have a little bit of cash too as far as um who manages our assets uh as I mentioned U Dana is our active manager and they manage um 26.99% of our uh equities and they also manage 19.1% of our fixed income we do have a pro well 27.9% is in an index fund so that is uh we move funds into that two three years ago because it was a lower cost to manage the fund and it's producing similar results as what we get from data Investments and um just to for comparison the benchmarks I talked about those are all the various benchmarks for the different categories um and then at the bottom there for the total fund those of the various um benchmarks that we use to judge our performance um for those categories as far as asset allocation I had mentioned the numbers before um you can see our our asset allocation is across the top there and then you can look at the various percentiles and how Investments are made by Pension funds across the country um we do not have any alternative Investments um so that's a you know so the rest of the investment or fund is um spread across those activities or Investments we strive for approximately 60% equities 30% fixed income and 10% real estate as quarterly returns for the total fund um was 8.2% against a benchmark of 8.45 domestic equities was 12.58 against a benchmark of 12.07 international equities was 8.39 against a benchmark of 9.82 and their fixed income was 5.08 against a benchmark of 5.5 and Global fixed income was 7.8 against a benchmark of 7.32 real estate has um struggled and um the quarter returns for the real estate was a negative 7.78 against a benchmark of 5 negative 5.23 um overall or additional investment performance the overall plan um had a return of 8.2% as which is puts us in the 56 percentile um our annual oneyear return is 12.48 puts us in the 69th percentile the annualized three-year return is 3.49 puts us in the 62 percentile and the annualized 5year return is 9.05 and a 33% do sit Inception actually is considered a young young fund we started it in 2000 the annualized return is 6.45 % which puts us in the 26 percentile every year we have a Actuarial report prepared or evaluation and uh overall our actuaries uh states that our fund is an excellent actur status for the following reasons there's a low contribution rate relative to General employee Pension funds in Florida the plan is well funded there's a lowlevel volatility in the required Village contribution rate and reasonable assumptions including an assumed rate of return of 6.9% and if you look at our since Inception it's 6.45 so I think we're pretty close as far as the Actuarial valuation of as of September 30th 2023 the fund is well funded at 93 or 99.3% as of September 30th The Village contribution as of October 2024 is 10.09% of payroll and that's um roughly $442,000 there's been no change in the benefits provided to the employees for in the funds since um since since the previous valuation The Village contribution rate increased 90,000 63 um which is a um 1.34% of payroll since last year the primary reasons for the change is lower than expected investment earnings 4.8% on an Actuarial basis compared to 6.65 and um higher than expected salary increases salary increases were 6.6% compared to had their previous Actuarial valuation was based on 5.2% the market values of the assets are um 63,5 191 less than the Actuarial value of the assets U the difference will be gradually recognized over the next four years the amount uh actually recognized is subject to change um based on the fund's performance so if we have a good year in the stock market the contribution this Village may have to make could be less the market value was the base if market value was the basis of the contribution The Village contributions would be 12.15% of payroll and the funded ratio would be 92.9% so Actuarial analysis evaluation puts us at a better status than actually basing strictly on a cash basis other matters that were discussed at our meeting on on February 5th enco is our U investment consultant they have advised us that they entered into a strategic partnership with Mariner LLC and I confirmed that they did complete that um partnership uh as of April 20 or April 2nd 2024 um the new name will be known as Mariner Mariner institutional Mariner institutional will continue to exist as a separate SEC registered investment advisor and they um and then this but it will be the same service provider same Contracting terms will remain in place with the village funds Mariner is a national wealth advisor with over 1500 Associates um our um plan admin administrator or fund administrator which is U Resource Centers um they have they can have a uh an audit completed of their operation every year and that was completed or completed as of September 30th 2023 uh it's a review of their internal controls of their organization including testing to determine if there are any discrepancies so they um they have um you know they're the ones that when employees wish to um start receiving their their retirement benefits um um Resource Centers is the one that starts the process and does all the paperwork and stuff to get that determination made but they they uh have a lot of we constantly are quizzing them about their security because that's always an issue and they Continue to update their computer systems like everyone else for for cyber security so it's a constant question we ask them and we feel confident that they're doing a really good job um our board attorney Bonnie Jensen also uh advised us that the financial disclosure form that we have to provide to the state every July um is now going to be online and so we'll be doing that as well just like all of you and then our travel policy was updated so that our reimbursement U follows the GSA scheduled rings and with that I will um I I just wanted to make a mention um that um you saw the negative numbers relative to our real estate Investments we have advised our investment consultant to and they have informed our um real estate fund that we wish to p pull our funds out of their portfolio and um but because real estate's not liquidated you can't do that overnight like stocks um it's a process and once we receive our funds back from the real estate investment our investment consultant has given us options as to where we place um that those funds into another real estate investment and with that I will uh conclude my presentation and um try and answer any questions you may have thank you Council any comments or questions no comments thank you though that was very informative and I appreciate your time thank Youk you I have a few questions the plan it looks like it's underperformed since Inception and you said it was an active plan so my question is uh for the risk that's out there why not a passive plan if we're only talking about a few basis points of um well underperforming even not even outperforming and I guess my question is do you feel that the risk is proper for an underperforming plan since in Inception well um that's probably more of a um probably have to consult with our uh our Consultants relative to that um um and maybe I could follow up with is there underperformance including fees or not including fees no what you see is net of fees okay um I mean we yeah we we worry about performance all the time um and we actually have uh was provided information at our last meeting relative to our large cap funds and how that's being managed and at our next meeting we'll be discussing whether we want to make some changes there in an effort to try and you know improve our performance it um it's a it's a fine line you know some some years we can come here and say we doing really well because we the stock market goes crazy last year you know the market did definitely come down somewhat but it you know since the beginning of the year has performed pretty Happ last few weeks it's slowed down again but so you know we we keep a keep an eye on it and we do our best to uh pick the best best investments thank you I appreciate that maybe uh more my guidance or recommendation when we're using a lot of town funds for these Investments is if the investment is risky and within reason but not going to give us the performance possibly the passive option might be a improved Choice over time I'm not an expert at all I'm just looking at the the long-term effects right right right yeah we there there's well part of our you know as I mentioned earlier we're in the Vanguard index fund and one reason we went into that was um we thought that we could get the same return with that with a less cost and that's exactly what's happening so um whether we make additional Investments like that and go less active management which is what Dana does approximately I think 46 7% of our fund is actively managed whereas the others are more in index funds and stuff like that um you know if that if performance continues to lag um we may have to make those type of choices understand thank you thank you for the presentation just um I just would like to make a comment um um and we do our best but um and I um um the employees have skin in the game too for most of you probably know that they all contribute 5% of their salary on an annual basis to the funds so so you know there are two employees that sit on the board so you know they're we're all trying to make sure that the fund doesn't work Ben thank you for coming um having sat on the public safety officer pension board for almost two years um I know that anco you know investment adviser is is is top-notch and I've Got Confidence in them and I know that there's a lot of debate and discussion at those respective meetings Public Safety Officer and general employee so um you know I trust their valuation and I know you guys are doing a great job and it's not always but between a 92 Actuarial and a 99 you know investment funded status I mean I think we're still in good shape you know yeah last year I think we were 102% actual valuation but um as you know the market yeah slowed down at the end of the year or in for a while so you know that affects that affects all of us not just this one thank you for what you're do what you do I know um it's tough sitting on that board and and coming especially coming here I enjoy it it's um you know I live here so I want to try and give back to the community so thank you very much I don't have any questions but just second what everyone said thank you for the time you give back to the Village serving on this board thank you yes thank you Ben all right hey agenda item five accept the annual comprehensive financial report for the year ending September 30th 2023 Jeff good evening mayor vice mayor council it's a pleasure to be here it is uh my honor to introduce our audit partner uh Mr Wade Sansbury he's with the uh auditing firm of Malden the Jenkins and he's our independent CPA that does an annual audit uh and Mal Jenkins is a topshelf regional firm so it's quite large has a lot of resources so with with no further Ado good evening uh mayor council members uh Mr uh Village manager thank you so much for allowing me to be here with you all again tonight um and for allowing us to serve this uh this Great Village um I have a very brief presentation I'm going to go through it pretty quickly um if youall have any questions at any point in time you want to just raise your hand that's fine I'll stop it won't bother me at all um let's see if I can get this to work there we go um so just to start out um got some brief information about who mold and Jin is we are a large um Regional accounting firm founded in 1918 so we have over a 100 Year history um here in the Southeast we do serve we we do currently serve over 700 governments including the village here in the Southeast including over 17 many entities that annually receive the gfoa certificate as does the Village um this is just a chart kind of given some of that same information we are nationally recognized and we are a top 100 firm um in the country um The Village does choose to pre prepare and um submit to the state an act for an annual comprehensive financial report um only a annual financial statements are required from the state so um the act for is above and beyond what's actually required you should be commended by that um it it does have these three main overall sections the introductory section the financial section as well as the statist the statistical section um of course as you know um Malin Jenkins was contracted to perform an audit and then to express an opinion based on our audit on your financial statements we've completed that process um and we've rendered to you all an unmodified opinion this is a clean opinion and the type of opinion that you wish to receive each and every year um in our opinion the financial statements do present fairly in all material respect the financial position of the village as of for the year ended I also do want to remind everyone that the financial statements are the representation and responsibility of management again our responsibility was to express an opinion um in the back of the report there are or this year there's only one compliance report this is what we call the yellow book report um if there were any kind of findings or material weaknesses significant deficiencies of any kind those would be reported there very happy to say that we had none once again this year um Jeff his staff um they do a great job taking care of your books and Records all throughout the year um and they certainly do a really good job in helping us get through the overall audit process on a timely basis as well um this year the village did not receive and spend more than 750,000 in federal or state Awards um so we were not required to perform a uh federal or state single audit but again an overall very good year um your total uh net position of the village did increase about about $4.5 million so a very good positive increase um here I have just several uh required Communications I'm not going to go over all of those um we we always choose to do that in a written format you can do it orally um choose to do that in written format and we put all of those in what we call our adna the auditor's discussion and Analysis not to be confused with the mdna um which is the Management's discussion and Analysis um and I always just remind you all that within the act for document itself which is a very large uh long complex document that you if you don't read the whole thing do read the mdna this is written by management and gives a good concise information on how things change from 2022 to 2023 as well as the reasoning behind it um would like to point out that we are independent with regards to the Village we take that uh very very seriously um then I've got just some high level information um as for the village as for 2023 as compared to 2022 um your spending per Resident was right at about $2,800 which was very comparable to 2022 your overall general fund balance was right at $8 million not a whole lot of change from 2022 um your debt per resident did come down um about a little over $100 per per resident um you do have about 95 total employees with average uh salary information as well as your percent of budget information this is the same info as of 2022 um this slide just gives you a little bit of information on the revenues of the general fund where the funds come from the majority of which are certainly from your overall property taxes about 9 a half million um and then this slide shows where that money goes um entities your size typically about 50% or more does go to Public Safety you all fall in line with that with about $8 million being spent annually on Public Safety this is a 5-e history of your general fund fund balance um the last couple years it's remained consistent right about $8 million that is a very good strong healthy fund balance for the village as of year end certainly much better than 19 and 2020 um you all do have three different business type activities in business funds your water funds storm water and refug and recycling I bring this slide up just to point out that you all are charging appropriate rates to cover the cost of those operations of those activities um so I always want to make sure that we're doing that when it comes to the business type because again those are supposed to support themselves and not be subsidized by any other form of revenues um this is just a comparison of revenues between 2023 and 2022 for those three funds in the water saw an increase the other two were very consistent um overall operating expenses water fund and storm owner actually saw a slight decrease in 2023 as compared to 2022 um as I did mention before we have an we have our adna the Auditors discussion analysis that's a completely different document um again we list out all the required Communications there if there were any kind of findings or any kind of uh recommendations for improvement we would list those there um we do have a lot of gasby uh statements that are coming down the pipeline um that we list all of those out there for your attention um most of those I don't think are going to have are going to have a whole lot of effect on the on the village but those are there for your reading um additionally that's not listed here we do um offer free CPE and training to all of our clients I know that the finance department has has been able to benefit from that certainly anyone on this board if there're any of our offerings if you're interested in that you're more than welcome to attend those as well that's really all the that I wanted to go over tonight do you all have any any questions for me thank you Council all right thank you so much for your time and the presentation and kudos to our finance department great job thank thank you thank you very much okay moving along to the consent agenda can I get a motion to approve the consent agenda so move second all in favor I you know open up for communications from citizens Lor do you have any cards okay right off the bad I'm very very nervous so good evening Council good evening I am very uncomfortable speaking to an audience so please bear with me I have an issue that I think needs to be addressed by our citizens and councel I would like this issue to be recorded I voted for Rick Sartor in our local election I had done my research and spoken to several well-respected citizens of our village I then called Mr Sartor and asked for a yard sign he stopped by my home and we talked for half an hour I was extremely impressed with his ideas and visions and his professional attitude Mr Sartor and his wife were nice enough to attend a huge benefit at the American Legion on March 16th the benefit was for one of our own with serious cancer issues the next day on The Message Board of next door which I never go on and will probably never go on again I posted my appreciation to Mr Sartor and his wife this comment resulted in unending criticis criticisms from Jessica namoth I am never on social media I was completely taken aback by the harassing and brutal attacks by said person and her band of minions I th thought Free Speech especially civil Free Speech was a good thing I guess it's only allowed if you agree with her I was attacked for being a former to Quest a police officer she went on a rant about Mr Sartori being backed by our police and fire departments she proceeded with untruth she said Mr sori police and fire departments were behind pushing for a big development her reasoning for this was that big development brought in more tax dollars and therefore their salaries would increase I told her she was absurd a little footnote here I am personally very proud of our police and fire departments we are very fortunate Village to have our own First Responders our Administration from top to bottom runs our village like a well-oiled machine contrary to miss namus criticism of all after the election which she thankfully lost she continued with her demeaning statements as how the bad guy won and all of her minions chimed in I hope this young woman never runs for office again she's a bully and is not the caliber of person that we need for making good decisions I understand that she's the chair for our EAC environmental Advisory Board hopefully that position will be corrected in the future thank you for your time thank you thank you bth right any other Communications from citizen okay Communications from Council I'm good I have nothing tonight I have no comments nope okay neither do I moving on to appointments agenda item 16 consider appointment of Tom Bradford to fill the EAC vacancy this really comes from um council's previous action to leave that position vacant so now it's okay Council any comments questions and I don't think we need miss Mr Bradford to come up and speak to us nope nothing for me no okay any public comment okay can I get a motion so second all in favor I I you're welcome thank you for serving again agenda item 17 consider appointment to fill the general and pension uh General employee pension board vacancy we have a vacancy due to the reservation of member on Bo we put it out for advertising andone is fill the remainder of the twoyear term whiches on May 8 202 thank you Council no comment we ready for motion a public comment any public comment okay I'll make a motion to approve Kyle Stone to take the general employee pension board vacancy second all in favor I hey standing reports Village attorney no report just uh again congratulations Council looking forward to a a really good year coming up thank you Village manager um in addition to the monthly reports we also sent out the um quarterly investment reports do you guys have that there's questions please uh pass those on I just want to uh applaud Jeff and his efforts with those those Investments so appreciate Jeff and your your effort with that um been very successful last uh two years or so uh staff will be bringing the Strategic plan to Council in May for adoption um good news uh in addition to the remember Park grant for fur app Grant uh the village did apply for a grant for taquesta Park as well so we were initially we've initially been granted we haven't got the paperwork yet for taquesta Park as well a $200,000 matching Grant if we choose to use it we'll have to obviously budget for that and see if we can make that budget it can't be uh I don't think it's can be used to offset the Appropriations that we were short but I think there's plenty of improvements to acquest the park that we can make with that Grant so uh we will have that discussion during the during the budget process um Saturday uh we have shred shredd it and coffee with a cop uh starting at 9:00 we hope people will come out and join us for that event uh villages hold an Arbor Day event as the mayor mentioned April 26th the event will begin at 9:30 um so we hope people will come out that I think that's just uh an addition to what Jay is trying to do Jay is trying to get us back to be in a tree city um and of course the effort that Doug also made through direction of the the EAC and support of the council with planting the trees into Questa I think we planted over 60 trees we're we're we're done with that project I know there's still some some maintenance that needs to be done to that the end that project but um moving in that direction for the trees and the the Spore of that project project I think the Arbor Day Ties in nice to that um and then um Palm Beach County did start with a project over on Beach Road some of you guys are aware of it there's a parking um project that they're doing along Beach Road uh over there near the recreation area they did start that we are trying to get additional information on the who what where when um but we we've been told it's going to be three weeks uh I know Doug has reached out to try to get a more detailed plan but um expect some inconveniences over there for 3 weeks why the county uh they're going to do some pavers and and some parking over there which we think will be a good Improvement but it'll be an inconvenience for a time and so as soon as we get that information from the county we will try to post that um as you guys know Beach Road is a County Road and maintained by the county so that is not a village project but we'll try to relay any information that we have with that you have my report any questions for the manager' okay Police Department evening mayor vice mayor congratulations Council Village manager uh you have my notes before you for the monthly report uh just a couple things I want to highlight uh as Jeremy spoke about coffee with a cop uh this Saturday 9: to 11: uh our civilians Firearms classes continue we will have another one this Saturday as well from 8: to 4:00 so that will be going on as well uh once again full class uh Vice M Sor I know last time we talked about ebike and I don't want to get into a big speech but since our last meeting uh just so you know we've stopped seven individuals throughout the village with the ebikes educating speaking in regards to our uh ordinance uh just to let you know and I spoke to German about this one of the issues that we come across is Jupiter is telling their kids to go on the sidewalk not on the street so you know it's kind of like an education part of it so I've been talking to T Eng about it I know his council is supposed to be or having discussions about it so he's going to I gave him our pamphlet and uh education wise but we haven't had any issues with ours uh the kids have been giving the pamphlets we also at the food trucks we're giving them out to the to the kids as well as the parents so uh we're trying to educate our community and just telling the kids just be mindful when there's pedestrians obviously on the sidewalk with because those things are pretty fast so we are on it just want to let you know and then one thing that you see here and I just want to elaborate is the Explorer Program meetings uh next month I'll be coming before you we are starting post 357 of police explorers for the village of Testa so we will be setting out recruiting we're looking for kids 14 to 21 uh it's something that's been in the works for a while we've had a lot of discussions uh having John pu join us he's been a big help with that as well as Lieutenant Blanc so we're looking forward to that and getting participation uh kind of Encompass everything that we do with the nautical club and the police explorers and kind of giving them an Avenue into uh hopefully law enforcement or great careers in military so awesome love it and that's all I have for you thanks Chief all right thanks Chief thank mayam fire department good evening mayor vice mayor Village Council Mr manager attorney Village clerk uh you of course have my report in front of you some of the highlights this month our guys have been doing train the trainer and this month we specifically focused on our Mayday procedures uh basically how to rescue ourselves uh we also have continued with our new pumper training I do expected to be able to do the push out or pushin ceremony for our new pumper tentatively May 3rd uh we also um were able to celebrate liutenant spurgeon's 25th anniversary with our department another one of our long-standing members um later on in the month firefighter wicker was uh receiv the firefighter of the Year award from the American Legion and of course some of you I think we're at our Easter open house which again was a tremendous turnout and I know uh everybody enjoys it that's that's one of those things we enjoy every year because it's really fun to see all little kids out and just to be be a part of the community so we again focus on that Community relationship uh later this month we will be hosting water rescue uh our Swift water one and two class uh dive rescue International comes in teaches it we host and uh we will have a couple of our members also going through that so again our Swift water rescue team our surface water rescue team is expanding we're trying to get our numbers up a few years ago we were at three we're hoping to get to nine by the end of the year so that's where we're at and then I'll leave you with one other little bit of good news State of Florida thought it would be a good idea to come in inspect our EMS program so last Thursday they did that the uh State EMS inspection is uh well quite thorough they do uh Records all all the records they talk to the Personnel they look at the vehicles they look at the equipment they review all your protocols and we pass with no deficiencies which is what I expect so we're very happy with that and U I'll take questions thank you Council that's it thank you Chief see you again utilities good evening marjerie Craig utilities director and um just to hit the highlights here um we've been continuing on with water main number four because water main number one was deferred um because of the costs but we will be doing it with on the list you look towards the second page you've got some pictures that have been taken by um either our engineer on site or me I'm an engineer but the CI engineer um reviewing the site I've got gotten really really good feedback from both my my own staff and the um Holtz engineering uh construction engineering inspector saying that they really had their a team on this there have been a few things but everything's moving along um the they did provide an updated date and I did request a catchup plan to see because I would like to still stick with that that uh original um final date um Beach Road Phase 2 is going to d uh we've done a request for inclusion for the May meeting and um got a new employee so we're nearly full uh do you have any questions thank you Council no thank you margerie TR to move things along we've got the dashboard money coming in monthly revenue and um thank you very much thank you thank you thank you okay moving on to the regular agenda there is no old business tonight so under new business item 22 consider approval of purchasing a utility task vehicle and trailer dedicated to code enforcement good evening everyone um this is a discussion item uh considering the approval for reveal as you know this this for the uh Turtle lighting enforcement that we've got on our ordinance uh as exists on the books currently uh we're currently in Turtle season which runs all the way through uh October 31st um the cost of which will not exceed this includes the vehicle the trailer uh and getting it stored so it's protected uh from the elements um the uh utvs are versatile Vehicles capable of traveling on various terrains including dirt uh and uneven uh terrain such as the beach shorelines so investing in this uh vehicle would allow for code enforcement uh to be able to to uh cover approximately 4,000 linear feet of Beach area allowing for more efficient and Thor monitoring um presently at this time uh two of the staff members are already certified with uh T um sea turtle lighting uh certifications so if you have any questions I'm here to answer that for you thank you Council I just have one for clarification sure we're approving the amount of 15,000 okay understand thank you just um the way I understand it I just want to record because I know Public Safety has a couple of these but from what I understand due to the funds that those are purchased with that the Department can't use them correct and this also um it would require an officer to drive a vehicle there is their vehicles because it's a police uh assigned uh vehicle so that would require a police officer plus a code officer celebrate um considerations for both okay and then uh if we were to proceed with this would any other departments be able to use this if needed I mean are there plans for that cuz realistically this isn't going to be used that many times a year correct but it it will still be can be used as a uh uh any any other department will have access to it should utilities need something you know can also be used in those wooded areas if an extra vehicle is needed for that purpose as well uh by Parks so on and so forth if fire needs a vehicle it's available so it'll be hosed here transported to uh the beach area for that purpose um and then brought back here okay and where do where do you access where are you going to access the beach and do we need to like Coral we we've spoken with um and that's where we'll pull in that point and and the on the county the county park so they're good with that we don't need any like formal approvals from the county to uh drive that on their Beach once once I I I've had the for the informal discussion and conversation with with with parks and wreck and um once this would be if this is approved then I will pursue getting a more formal agreement to make sure that we don't have an issue with anyone lifeguards or anybody saying what are you doing here how you use why are you accessing this portion great okay yes and then the the the amount request is simply just for the purchase of the um vehicle I mean there's annual like expected cost with any training to be able to operate it Insurance maintenance I mean is there any idea of like what the annual cost and and and and the the the insurance and maintenance um annual cost on that is expected to be um fairly minimal is already my U budget for maintenance of all vehicles um but again the this is just the initial cost of getting the the vehicle the trailer and housing the the the the vehicle so it's not on the exterior but more in an interior environment okay all right thank you all right any public comment Council a motion motion go ahead second all in favor I I item you're welcome agenda item 23 resolution number 07-24-18 good evening again mayor council uh as already stated it's a mutual Aid agreement during a declaration of emergency so it constitutes an agreement with the state of Florida to receive or provide Mutual Aid um this replaces the 28 agreement that's already in place with the Billa in the State of Florida you know which we've been signatories for many many many years and it greatly enhances our ability to respond or recover after disasters so absolutely abolutely would like you guys to approve of this questions if I just add the reason why it's not on consent because there's no cost to us now but if we do provide assistance somewhere else um there's going to be some upfront cost it may take us a while to recoup those funds so just Council being aware that we are signing for to help others but others can help us and so I think it's like the chief say it's beneficial almost needed almost you know so but I wanted Council to know that if we do help others there may be some upfront costs that will recoup later down the road and I would add we we do maintain control over what we send when we send and and when we're able to do that okay thank you Council any comments or questions makes sense just one question just want to confirm that this won't uh affect any of our response in the village during these emergencies for other areas absolutely not uh we take care of Testa first before we we consider sitting anybody outside understand thank you okay any public comment Council can I get a motion so moved second all in favor I I agenda item 24 consider approval of the contract with em- MC for thirdparty EMS billing services okay so I'm back again so again this is a a contract to Outsource EMS billing uh we have traditionally done this inous um if if approved um our vendor says we can expect an increase in revenue of 11.7% on a cash per transport the uh cost of the contract is five and a quarter per based on collections this this cost would actually be less than what it's currently costing me to pay a overtime firefighter to do the to do the job so what I'm going to tell you here is it's increased Revenue decreased cost and decreased workload so adamantly for this one as well questions Council nothing for me nothing for me and just one quick question do you know what the estimated because it's um their cost is based off the collections do you have any idea what the annual cost be for that based on the numbers that we gave them and collections you're looking backwards and we traditionally have trailed in that so the last year that they had I want to say we we showed about $260,000 in in collections when you factor in there 11 .7 it came up to 280 and I'm going to I'm going to estimate here mid 280s 285 so you're you're seeing a 253,000 increase over what what we were were showing so when you factor in that same number I think the cost to Outsource this was a little under 15 grand so again we should see an increase in Revenue we should see a decrease in cost and of course I'm transferring the workload to somebody else okay great thank you any public comment Council can I get a motion make a motion second all in favor I I thank you agenda item 25 consider approval of awarding the con uh Construction contract for member Park to enf Florida Enterprises good evening mayor vice mayor Village Council I'm pleased to present this item to the council uh this is for consideration of construction of remembrance Park located at 483 CBR Road on February 9th we went out for a public bid and then on February 16th we had a non-mandatory pre-bid me meeting it was held here in village hall and then we actually went out to a site meeting as well on March 1st we had the deadline for proposal to submit their our questions we had a handful of questions there were four attendant in response to those questions received from the proposers and then on March 11th The Proposal deadlines were was the deadline that's when proposals were due at that time we received five proposals one from creative Contracting group lunacon construction national uh National SW PPP services south Florida Building Inc and West construction at that time weed the bids The Village clerk distributed the bids to our selection committee on the selection committee was myself myself Greg Corbett um Parks and Rec director and Jay hubish director of community services that gives the selection committee a chance to review the documents that were submitted the bids that were submitted the selection committee then got together in a public forum on March 15th where we sat and ranked the proposers and the goal the objective at that time was to pick contractors come back and make a presentation to the selection committee at that time we selected four contractors creative cont Contracting group lunacon construction National swpp Services and West construction South Florida Building Services was not um selected and that was because they didn't submit the mandatory qualification statement so they were invited to the presentation meeting um so during that time we selected those four contractors and before we had a chance to meet and go through the presentations now naal S wpp Services did not respond to our invitation to come make a presentation so they were disqualified so during the uh presentation and ranking meeting um each uh proposer had 20 minutes to come up and make a presentation tell us about their company why they're a good fit for the project uh it was an open forum for them to present why their company would be a good fit for taquesta and then the selection committee had some questions as well the basic criteria IA for the selection committee was the qualifications similar projects their Staffing their references which is important their subcontractors any open and close litigation cases uh their overall presentation and of course the cost it's important to note lunacon construction did not show up for their presentation they were scheduled so they were disqualified at the meeting at the time they were supposed to present after presentations um we had some questions for the presenters we have a ranking sheet that I believe you have in your agenda there and um the basic categories were the total price uh references from customers similar Services performed and obviously a presentation uh it was unanimous after scoring and listening to the proposers that the selection committee selected creative Contracting group what I what I personally liked about them as well um they had extremely strong references so when you look at the pro uh the projects that they presented um in their submitt they had very similar work um not necessarily this dollar amount so this will be the largest project that they've ever U the company has ever had however with that being said I talked to the town of Jupiter and some other cities and this is what they do all day long the reason they're able to come in low is they don't sub out a lot of their work they do all their work inhouse so they have staff that's going to come here and perform this job they have all the equipment they can do the earthwork they can do the digging they can set the basins or a lot of these other General Contractors they're looking for subcontractors and that drives up the cost so I actually spent about half hour on the phone with the town of Jupiter and they've done a lot of work with the town of Jupiter and they they they couldn't have been more positive about this company how responsive they are they come in on budget or under budget they come in on time they're extremely responsive to any questions they have or anything that may arise during the constru you know typical construction project so they got A plus rating um so uh they creative Contracting group came in at 1.76 n uh we we have budgeted for this project 1.25 uh it's also worth noting that they also came in just under our Engineers opinion of probable construction cost at about 1.2 so it's our recommend ation to uh The Village Council to uh approve this contract um I just also I know the manager mentioned earlier as well we do have a $400,000 uh fer app Grant and we're once this is approved the council approves this project uh we will continue working on the commencement documents required uh with the grant coordinator and then once we get that confirmation back from ferat we'll move forward with the project so I'm here that was a $200,000 Grant 200,000 sorry thank you sir I like where your heads at that's why you're there thank you Doug Council any questions or comments no strong contract it's a very uh very good contract for the Village um the are the pavers around the flag Pon it I didn't see it in the bid documents so would that be a change order later because I know obviously we had discussion on that our last Workshop is that included or not in their scope it is included no sorry go ahead Not Included the papers were never included in the project it was it was the plans had saw it was up to the Village to go back and determine put together a paper plan you know a donor plan you know how much would the papers cost what is the village looking for so that was never part of this project we pulled that out early on in the design okay which I think is good since we're still we were still hashing it out last week yeah you don't like to start a project with a change order no right however as the project moves forward perhaps that's something we can do in the you know fourth or fifth month in the project okay that's good I was in favor of it not being included so that's yeah and and I think we talked a little bit about that as well my suggestion would be we put the papers in we have a plan and if the resident wants to donate a paper we take the paper out we get it engraved and we put the paper back so at least we have the papers set already MH yeah okay and then do you think that it's going to take a year for the the job have they I don't know where that um time frame came up in the in the contract but have they um given you any idea if it's really going to take a year for that project yeah the year was written into the contract by the engineer um however in speaking with the U with this contractor they believe in to get this project done in six to eight months well under a year okay figur it's some of that will depend on materials you know of course and lead time okay great thank you you're welcome any public comment Council motion to approve second all in favor I I thank you Doug you're welcome thank you and you're still on Deck don't go away yes agenda item 26 consider approval of the sidewalk Capital Improvements on seab Brook with win and Suns is this working Jeremy yeah and oh y oh there you go okay I just have a a brief over overview of our Capital roadway and sidewalk Improvement project just to show where we're at and what we've been doing thank you so this is our uh our roadway plan we are currently I know there's a lot of colors out there but uh we are in still working on area one and if you look at the oh you can't see that color in there is it yellow there I can't see the completed has a yellow dot so all the areas in area one that have a yellow Dot those roads have been paved and completed and if you look to the left side of that map we obviously just finished El Portal and all the connecting streets to the South sidewalk are we doing sidewalks this is just a little presentation on both Sor this has the sidewalk in there as well I'll go through it quickly so just wanted to show you where we're at in the plan we're still working in uh area one um the next the second item you have on your agenda here for road work will cover area um area one with the blue dots and then we'll go into area two in the green with the blue dots as well the sidewalk I'm sorry this little road work plans uh these are the rows that we completed in fiscal year uh 21 and 22 we just completed this on El Portal obviously you all know what it looked like before this project I think it's important to show this was a portal drive before the project this is what it looks like now uh in the roads that we continue in the country club which will be north of El Portal we will continue to install flush header curves at all the intersection and all the turns that helps protect the edge of Road protect the rideway and also helps water uh run off the road as well any driveway aprons that are lower than existing profile we'll raise those uh concrete driveway aprons as well to meet the uh Road profile this is our sidewalk plan uh we are currently in the third year we just finished uh in the green on to Questa Drive uh from Riverside Drive to seab Brook Road we completed that earlier this fiscal year we rolled the money forward if you recall waiting for the contract uh to secure the contract if you look at the blue that's seab Brook heading up North that's what I'm going to present to you next um we are going to we're not replacing all the sidewalks but we have about 2,000 linear feet on both sides of the road east and west sides of the road we'll replace any damaged sidewalk any sidewalk that's not ADA Compliant we'll install Ada mats at each intersection and we're also replacing the broken curb and sidewalk behind Gallery square and the back that's whole village RightWay Village sidewalk that's the sidewalk that we finished last year that's the sidewalk what we just finished early this year on drive this is the same side what we just finished on tester drive from Riverside to C Brook Road and this is a little breakdown of cost uh it's important to notice um important to point out the first item of the El Portal project uh all the roads that we paved and all the sidewalk we had a remaining fund balance if you look all the way to the right of 9,116 we were able to roll that forward into the this next set of roads and so that's helping us move the road PR program forward where we're going to get uh bunker place and and View and club and so we're able to hit additional uh roads um on this next phase and that's important this way when we come back we don't have to drive over the roads we just paved and when we get to River Drive we just have a straight shot down River Drive we're not going over we don't have heavy equipment going over roads that we just paved um so we carrying that balance forward um after I present the next set of Roads uh you look at the fund balance we will have uh remaining fund balance of $1 15,169 in our road program for this fiscal year and uh same with the breakout of the sidewalk that we just finished on seab Brook Road um sorry uh that's seab Brook Road and then also um you have the pickle ball cour that we're working on for Quest Drive the remaining fund balance will be $111,000 and change in there so that's just a quick overview of where we're at on the sidewalk and the road uh programs and it's important to say as well can't thank the manager enough for supporting me in this program you know when I got here we really didn't have a program and with the support of the council we're now in year three of the sidewalk in the road program which I mean I can tell you being out there and seeing the residents and talking to the residents I mean they're really happy you know we really like what we're doing out there agree okay so we're we'll start with the sidewalk agenda I'm 26 so any uh comments or questions on the sidewalk agenda item about pickle ball course you talking about you just said pickle ball yeah that's in that fund as well we're we're putting extension on the sidewalk yeah it's not in here tonight but then just showing where the money is oh you're not sneaking and pickle ball course we' we already have that approved we're already working on working on permits with Martin County he that okay ATA Park Park yeah wait a second any other questions sidewalk yeah just sidewalks any public comment Council can I get a motion I'll make a motion to approve second all in favor I item 27 is consider approval of the capital roadway Improvement project in the Country Club Community with win and Sons I just want to make one correction on that if if you look at my summary um after we were able to move that money from the funds left over from El Portal um we're able to add additional streets here so what I added on here was uh Club Place golf place and View Place what I didn't list here in the summary but it's included in the proposal is Bunker so there's actually 10 roads in this next phase here and it's included in the proposal I just didn't include it in the summary here so it's just that's that one road missing there okay any questions or comments no very excited though very excited residents of been I've been here almost 14 years and they've been waiting on those West Roads since before I got here very exciting as you know we did a lot of work out there core sampling uh we had our Engineers out there and this is actually the well outside of V portal and uh the roads to the South we we have construction plans based on all those elements and and the results we got from that uh from the survey and the core sampling and so we do have some money in here that you approved on the consent agenda for Engineering Services uh just to be sure that they're following the construction documents okay a comment and Doug thank you you mentioned core samples we did about 25 or 28 yeah it's about two years ago now yeah and and that's great information to have that that we all know about that because during um the last several months and walking through those neighborhoods and those streets it was U really brought to my attention as this Brandon knows that um you know a lot of people think that the roller coaster is really caused by poor core but I'm glad that we've got that that that data with us to say that no that it's the compaction whatever reason it is that but and I saw that we are going to level out and everything so yep I'm glad that we have that information because I think you get a lot of questions like why aren't we fixing the core but if the core does isn't damaged that's great to know yeah and not only did we do the core sampling but we had lock and Hatchy River District televis all their pipe in there because we figured if it's not the base no if it's not the base um we don't have a a strong base and and we possibly have leaks on the sanitary sewer system so they televis all their pipe they do have some laterals off the main roads that they're fixing on they're fixing but will not interfere with the project so yeah that data was important thank you just one quick question um is there any Swale rework with the road no so and kimley Horn's a great engineer so I mean but do you anticipate have they consider any uh drainage or water issues like fixing the roads might cause if the SES aren't right cuz we all know that not all the homes have proper sailes and yeah they would have loved to have put that into the project uh we didn't necessarily have the funding for that so our main focus was to get the water off the road rebuild the crown in the road so it's going to roll off the road and into the grass where where it belongs and as I mentioned before raise any uh driveway aprons that are low within the road profile but you know um throughout the village and the country club um homeowners have built out to the road in the right of way so I know margerie and her staff margerie and her staff are working on swell improvements throughout the village as well right if a homeowner is building a new home new spec home we make them put a swell and contractor is asking why do we have to put a swell in it's just going to sit here it's not going to go down the road it's going to take a long time to kind of take back that R of way and put the proper swells there but for this project what we're confident is that we're going to get the the water on off the road and into the grass we the best we can um it's not you're not going to have water pooling in the road like like you have now okay thank you any public comment can I get a motion so moves second all in favor I I thank you thank you okay moving on uh agenda item 28 ordinance number 1-24 first reading of an ordinance to adopt overlay zoning uh based off the Testa commercial quor master plan and Keith I'll hand this after to you and I think you can take a drink of water before you read this one come back in about 20 minutes and I'll be three very thank you mayor this is ordinance 0124 this is first reading this is an ordinance of the Village Council of the village of the quest of Florida amending the code of ordinances chapter 78 zoning to adopt new overlay zoning that implements certain recommendations contained in the October 202 2 Village of taquesta commercial Corridor master plan prepared by the Treasure Coast Regional planning Council adopted by The Village Council on November 10th 20122 specifically amending the following sections 784 definitions by adopting new definitions for formula business formula restaurant overlay District facade transparency and Civic open space section 7896 discontinuance of non-conforming uses by adding language to explain continuation of non-conforming uses in an overlay Zone 78 176 C1 neighborhood commercial District by adding permitted and special exception use regulations applicable to Overlay zoning section 78177 C2 Community commercial District by adding permitted and special exception use regulations applicable to Overlay zoning section 78 178 C3 General commercial District by adding permitted and special exception use regulations applicable to Overlay zoning section 781 180 mu mixed use District by adding permitted and special exception use regulations applicable to Overlay zoning and resolving conflict between mu zoning and overlay zoning in favor of overlay zoning further creating an entirely new article 6 division 3 entitled overlay districts with new code sections 78-20 through 78204 adopting section 78201 to Quest to drive overlay creating and defining this overlay District providing purpose and intent providing design setback facade parking formula business and restaurant open space and Landscaping guidelines providing for payment in lie of certain open space requirements providing for waivers resolving any conflict between General regulations and overlay zoning regulations in favor of overlay zoning regulations also adopting section 78202 US Highway 1 overlay creating and defining this overlay District providing purpose and intent providing design setback facade parking formula business and restaurant open space and Landscaping guidelines providing for payment and Li of certain open space requirements providing for waivers resolving any conflict between General regulations and overlay zoning regulations in favor of overlay zoning regulations also adopting section 78203 Village Center overlay creating and defining this overlay District providing purpose and intent providing design setback facade parking formula business and restaurant open space and Landscaping guidelines providing for payment in lie of certain open space requirements providing for waivers resolving any conflict between General regulations and overlay zoning regulations in favor of overlay zoning regulations and adopting section 78204 waivers to provide a process for obtaining waivers from The Village Council for certain overlay District requirements providing for an application provid criteria for the granting of a waiver providing that each and every other section subsection chapter 78 shall remain in full for in facts previously adopted providing conflict Clause cability Clause Thor cify and effective data and for other purposes thank you ke Lance good evening Madame mayor council members first off congratulations to everyone um for the record my name is Lance Lily I am a senior planner CH on Associates as well as I am helping the Village um Community Development Department um before I start I'd like to ask the mayor how would you like me to go through this presentation do you want me to stop after each overlay like we've done for workshops or do you just want me to go through the whole presentation I I mean Council I we've had many meetings on this I I think I'd be comfortable going through the whole thing and then questions at the end does does everyone agree or would you rather I'm flexible but I'm fine if you want to start with going through the whole thing sense to me it's fine I'm GNA that question just run the whole thing okay so just to start this is as uh Keith read into the record ordinance 124 this is the pro proposed uh code text Amendment for commercial overlays based on the treasure Coast's commercial Corridor master plan so just to start in 2022 Treasure Coast came through and they did a 5day charette to obtain feedback from the residents in the community after that they molded this document which is the Treasure Coast plan that was adopted in November of 2022 following that there was meetings with Mr Allen as well as Dana L for the next steps of how the ordinance can um be drafted and come to play um presentations was then put together by Mr little to the pnz board last year March 16th following that there were several meetings as mentioned one was May 30th of last year July 31st December 4th and January 24th of this 29th of this year following those workshops we had a presentation with the Planning and Zoning LPA on February the 15th of this year as well as a LPA hearing for the recommendation of this ordinance what were some of the key key recommendations that was put together from Treasure Coast they talked about District centers Frontage standards Civic open space measuring of height drive through buildings and gas stations location of parking and primary streets so since you've last seen this ordinance there was a few or since you've last seen this code text Amendment we've included some things to the ordinance previously there was a 1250 uh square footage uh threshold for formula businesses and restaurants that has since been removed we've also included the Civic open space to allow that to be counted towards the landscape open space requirements uh We've also included the payment in L which was discussed and we have a threshold of two acres or less and for developments in the mixed zoning District we put a 2080 um residential um code clarification there it's already in the comprehensive plan as it is right now we also talked about potentially including some type of caveat which would be for circum uh speci specific circumstances as well as parcel sizes lastly we included that there would be one formula bit restaurant in a development that is larger than two acres in the Village Center and that would be via special exception and those would be examples maybe like a Capitol Grill Ru Cris noou something like that that would be um not your typical like fast food restaurant but maybe like a high highend high scale U type of restaurant in that particular area following that we brought this to the LPA and LPA actually had a few recommendations for this Council they mentioned that we should update the definition of civic open space to include some type of provision for hours of operation in the sense they didn't want just random people to be there past 10 11 whatever time they want some type of solidified number um update the code which was 2285 as well as 78204 to include some some type of clarification that the Planning and Zoning Board also does make recommendations for the waivers 2 Council they wanted to reduce the size of the payment of Blue from two acres to one acre include some type of restriction that would say no artificial turf in the Civic Open Spaces include a provision that the Village Council does not have to accept um the maintenance of Civic open spaces and then also just include some type of quantif Quantified number of um those specific um criteria for the use so you're pretty familiar with this this is the map that Treasure Coast put together it had three overlay districts one on the bottom right one to the left and one to the north our overlay district is very similar we have the Testa Drive overlay the US1 overlay as well as the Village Center which is depict in those different colors first I'll start off with the quested drive overlay in the quested drive overlay the allowable Zone zoning districts that are there currently is C1 C2 and C3 as depicted on the legend and what would the intent of this be to preserve and protect the Local H toown Village character in this particular overlay formula restaurants would be prohibited formula businesses would be permitted but via special exception use meaning that it'd have to come before this Council we'd like to have a small small um small scale character and charm facad that be uh closer to the corridor parking to be in the rear and then to include some type of cfic Open Spaces Landscapes and tree canopies currently this is what the code says um as far as the C1 C2 and C3 zoning districts as depicted in the yellow um the minimum front uh front set back is 15 ft for C1 25 ft for C2 and 15 ft for C3 as this ordinance is written we are instead of doing minimums we're doing maximums so the maximum would be a maximum of 20 ft from the property line and then also we have a provision in the code currently that has it that you have to have a 15ot um landscape buffer so essentially if uh someone were to come in tomorrow and say they wanted to potentially put a new development in they have to abide by this code however if they do include some of the frontage standards and they can encroach into that um minimum landscape buffer these are the different Frontage types which were also depicted in this Treasure Coast plan uh in to Questa Drive West porches would be allowed Stoops would be allowed um bracketed balconies would not Four Courts yes arcades no um and Shop fronts yes if you were in seab Brook it' be yes for porches Stoops yes bracketed balconies no um they're pretty similar as you go through um Four Courts yes arcades no uh shot fronts no and then Cypress would be no for porches stup no bracketed balconies no Four Courts yes arcades no and um shop fronts would be yes and then for this it would be for primary and secondary streets primary streets would be tester Drive seab Brook and Cyprus anything else within that particular overlay would be a secondary street so then we talk about formula restaurants and formula businesses so formula restaurants would be essentially a chain or a group of three or more restaurants in a in the nation and and typically it have one of uh two of these three descriptions it can have a same or similar name trademark um or trade name a standardize or limited menu ingredients food beverage preparation or it can have some type of um similar exterior design architecture interior design or uniforms and then formula businesses would be an establishment that offers Healthcare Medical Dental retail personal services um Real Estate Services and it pretty much would be a chain similar to the restaurants uh on the left- hand side formula as mentioned formula businesses are permitted via special exception use and that's actually through all three overlays and there is no threshold as far as square footage however on the bottom formula restaurants would be permitted via special exception use in the US1 overlay as well as developments that are 2 Acres or more in the Village Center overlay so some of the examples of this changes so Village Center and US1 both have that mixed use overlay or mixed use Z District that's there under the existing zoning code the special exception so these criteria on the left hand side um if you happen to exceed 5,000 ft or above they're considered a special exception use so let's say for example a barber shop wanted to come in and a barber shop exceeded that 5,000 ft then by virtue of the code currently that would require a special exception Ed um and then also fast food restaurants in general as it's written right now on the code are only allowed on US1 and they're via special exception use however with this particular overlay with the Village Center and US1 overlay any business that meets the definition of formula business would require a special exception use no matter the size also Under The Village Center and US1 overlay formula restaurants uh is a special exception used for properties on the US1 overlay as well as developments that would be 2 Acres or larger in the Village Center overlay so I just mentioned this definition currently our definition includes Healthcare Medical Dental retail and personal services so personal services as I mentioned like a bar shop maybe if Super Cuts or something like that wanted to come in that would meet that criteria however it does not cont uh like financial institutions so let's say Chase Bank or PNC or something like that uh currently that's how the code is written or the ordinance is written I'm not sure if Council would like to include uh financial institutions or leave it the way it is that's just something that you guys could um consider as I go through this this presentation so formula businesses and formula restaurants currently for special exception uses it requires it has a specific criteria that an applicant would have to bring before Council and they would have to essentially explain how they meet those criteria if an applicant chooses decide or decides that they'd like to do a formula business or formula restaurant we have included this criteria which would one make sure they meet the special exception criteria that's already in the code but then also include some of these other Provisions such as no altering of the Village um identity in that particular District that they'd have to distribute some type of diverse or appropriate blend of uh business within that District complimentary of uses be compatible um preserve the character have some type of facade or design that's compatible and then also the business business corporate structure would have to have some type of harmonious um aspect to the that particular District so as I mentioned so we have Frontage standards here and this is just to show that if you happen to build at that 20 fet that you can that's the maximum that you can actually encroach that 4 feet if needed and then also as you go up in height that you just have to push the facade back um depending on what level you go up and then I transition to the US One overlay in the US One overlay the allowable uses in there is C2 as well as mix use currently this is the zoning um site uh site requirements so the front set setback is 25 ft for C2 mixed use would be 10 ft or 0t depending on if you're residential or commercial and as I mentioned before it'd be a maximum rather than a minimum in this particular overlay currently the code only allows drive-throughs to be off US1 and it limits gas stations to be off of mixed use or C2 but that also has to be along US1 um common uses of drive-throughs can be used for fast food establishments in some cases there's also Banks or CVS or things like that with this proposed ordinance the US1 overlay would limit um it would essentially limit these gas stations to only the US One overlay also drive-throughs would be permitted on the side and the rear of the building rather than the front and would have to have some type of screening from the public view the um land keeping drive-throughs would be prohibited in the front as I mentioned except for full service G gas stations or fuel stations which then those would have to be required to be screened via landscaping or something in in from public View and what would the intent of this particular overlay be to encourage and provide pedestrian friendly uh commercial Corridor with enhanced physical appearance and clustering complimentary uses right now as I mentioned the formula restaurants and formula businesses would be permitted via special exception use rather some of the other overlays as I mentioned would be prohibited parking would still be um encouraged to be in the rear facades closer towards the front of the corridor and then have Civic Open Spaces landscape and uh Tre canopies Frontage standards off US1 no porches um Stoops yes bracketed balconies yes for courts yes arcades no and Shop fronts yes and the primary streets for this would be Testa drive as well as US1 and all other would be secondary streets and then we get into the last overlay which is Village Center within the Village Center you have the C2 zoning District C3 zoning district and um mix zoning District these are the current um site requirements C2 25 ft see3 15 ft and as I mentioned um mix juice would be 0 to 10t depending on use and what is the intent for the Civic I for the uh Village Center overlay to encourage architectual character and diversity of uses such as residential commercial Civic spaces while providing pesan friendly environment within this essentially if it a parcel is less than or development is less than 2 Acres then formula restaurant will be prohibited if it meets that or exceeds that then it would be allowed via special exception of course and then formula businesses would be allowed via special exception parking in the rear would be encouraged facades to be fronted towards the road and then as well as provide Civic Open Spaces landscape and tree candies these are the different Frontage um types within each one of those streets um not going to go through each one of them because it's a lot but primary streets and secondary streets within this particular overlay would be taquesta Drive Bridge Road Old Dixie Highway Main Street and Village Boulevard all of the streets within this particular overway would be considered a secondary Street these are just examples of the frenes types you have shot fronts on the left um you have Stoops porches arcades bracketed balconies and fors Civic open spaces so the way that we actually included in the ordinance as I mentioned there are various types of of Civic open spaces so for example if a parcel can't meet let's say the square then they might be able to take advantage of the plaza or the green or even a playground so Civic Open Spaces are privately maintained outdoor spaces which are accessible to the public general public and improved pedestrian environment they're aesthetically pleasing and they serve as an amenity to the Village as a whole pafic open spaces for new development or additions of gross floor area of equal to 20% or more of the existing building they shall provide equal to 5% of the total site square footage landscape buffers in the front and the side may be reduced no more than 25 um% of each side to accommodate said Civic open space and as I alluded to earlier the Civic open space now would be allowed to be counted towards your um Regular site requirements of um the open space requirement also the maintenance of the Civic open space may be dedicated to the Village or it might be the responsibility of the property owner what's an example of Civic open space so we have two Parcels here one smaller and one larger if we happen to use the parcel on the left which is approximately a quarter of an acre they' be required to provide a little bit more than 500 sare ft of Civic open space which would meet the options of a four court or pedestrian passageway however if you have the Plaza on the right hand side which is about 5 and a half acres they'd be required to provide 12,000 more than 12,000 Square F feet of Civic open space which would meet pretty much any of the options that we provided another option that we provided was to include a payment of Li so hypothetically speaking if a parcel does not they are two acres or below then they can choose to opt into this particular program which this program would allow them to essentially pay and Li of designating that particular area for a Civic open space that' be based on the apprais market value and essentially the the council would have to consider whether or not the payment and would be the best um best served for purposes of the village as well as this could be used for acquisition and or development of Village parks recreation or land systems and hypothetically speaking speaking if they'd like to then they can also include a payment and liot in conjunction with waivers which I will get to shortly as mentioned we'd like to encourage parking in the rear rather than having a facade that is pushed so far back and you have all the parking in front of it we'd like it to be more towards The Pedestrian area or the the corridor and then have parking kind of hidden behind the building this is just an example of that where if you have a building that is fronting two primary streets on the left if you have a building in the center that's fronting a primary Street and a secondary Street or if you have a building that is fronting a primary Street a secondary Street and an Alleyway we've also included in the um the proposed ordinance here facade transparencies so essentially this provision would be so we don't have any STK walls blank walls we' like to have some type of architectural interest and have some type of window windows or doors or something like that that would eliminate these blank Stark walls and allow some type of um facade treatment along these Street frontages and waivers so if an applicant decided that they or applicant or property owner decided that they'd like to take advantage of the waivers which would mean that for whatever reason they can't meet the site requirements or landscape requirements they can then apply to this Council and request a waiver which would be in conjunction with their site plan all waivers must be granted by The Village Council in conenction with the set plan and also the waiver process cannot be used for the following add uses that are not permitted under the overlay or zoning District increase the allowable density or intensity or increase the allowable Building height pursuant to the site regulations also the proposed code includes criteria um for the waiters and just just to show what the differences are waivers and variances if people aren't familiar variances are typically associated with hardships of the land hypothetically speaking if you had like a circular shaped lot and everyone else had a square shaped lot then that might be some type of hardship that you can't meet as far as site requirements or something like that um and typically like I said they are physical characteristics on the property rather they'd also have to be approved by whether it be this Council or the Planning and Zoning Board depending on the application whereas waivers are relieved from the code similar to variants however they're typically associated with a development and usually those waivers would be with the site plan and that would be approved with the site plan and as I mentioned waivers cannot be used for additional uses or density intensity or Building height and they also have to be approved by The Bu coun so just to summarize the process this was heard unanimously and uh recommended for for approval unanimously by the LPA last month uh it is before this Council today April the 11th um depending on whether or not this Council moves forward with the ordinance it would go for second reading in May the maps that were also included in this presentation are going before the LPA next week and then the after LPA whether they make a recommendation or approval or denial it would then come before this Council for um second reading I mean first reading at some point and that is it thank you Lance no it was very thorough I appreciate it we appreciate it Council open up for discussion else want to start I'll start why not I know you guys love me thank you Lance I know we've seen this for like the past two years yeah we keep chomping through the details so I listened to that LPA meeting was there any public comment made at that LPA meeting by any anybody business owners residents no not that I recall okay I don't remember either I just want to make sure um I did pull some numbers today just CU I was thinking about it we have 462 businesses that are registered with the village to get information sent to them and it's been sent about this project or overl rels 22 times to them I personally have only heard from four business owners and that's pretty much in the past week I think I understand most of their concerns and I've thought about them I'm still thinking about them but after we've been working on this for like two years and doing research and talking with residents andite and Etc I am prepared to vote for the first reading tonight but I like to hear public comment because I'm pretty sure we have some tonight and then I'll give you the rest of my comments after that thank you council member Brandon to keep going okay um I first have two questions and then a comment the first you said high-end formula restaurant on the larger Parcels I wasn't completely understanding how that would be approved if you could elaborate is it the council so essentially what I included was so a lot of people when they think of just a chain restaurant they might think of hypothetically like a Burger King or something like that so what we also we're trying to include is just to say that if let's say a Capitol Grill or something else that's also a formal restaurant because they're chains if they wanted to come in to that particular area The Village Center or even um US1 overl that's also an option um your to answer your question that would also be a special exception use just like everything else so it would still come before this counc for approval understand thank you uh second question to follow up that's okay mayor you said payment in L of funds yes my question is are those funds restricted to lands parks recreation into furthering or improving or is it anything under the sun for Park so current maintenance can those funds go to current maintenance or is it additional and and how are they restricted um could they be transferred you know really easily or do they stay into that parked fund give me one second I'm just pulling up the sorry j Hub community development director it says they shall be used for acquisition enhancement expansion and or development of The Village's existing parks recreation land systems or Street scapes and that was discussed at one of the workshops before it was strictly for acquisition and then it was brought up by I believe this Council that we'd like to also if we had the existing facilities there why can't we also increase them or enhance them um as well as maintenance and everything like that okay thank you uh and and my comment for obviously I'm I'm new to the council today I've been tracking for for many many months um I understand and I've seen the V Village communicates above and beyond uh the minimum requirements for sending out these items and and many other items so I know that we've fulfilled those minimum requirements talking to some of the property owners um you know I made the I made the uh example I lived in Germany maybe I wouldn't receive these um Communications it turns out one of the property owners lives in Germany I didn't know that um and I know that 432 businesses which was great but I was also um inquiring about the property owner communication I think so for me um I'd be currently at a no for a first reading until we could send out a direct letter to the property owners uh but believe we have a list of all that we can easily send out a letter and I know that's not required um I know the bills have gone above and beyond but for something that's going to affect this field for a long time I'd be more comfortable seeing a direct communication to those property owners okay thank you mayor if I'm um I have a ly of questions and comments which I can go through now um but it also may be some of the public comment that is here so I'd like to as council member Brandon said you know I've got plenty um I'd like to hear from the public as well I won't then I will gladly give you chapter and verse of all my comments so yeah I mean I also look forward to hearing public comment but so I sat I guess it was almost two years to the date when we had the 5-day shet here um I was on the shet host committee it was my first official position or whatever you want to call it within the Village um and this was something that was talked about quite a bit I mean it was something that our that our village our community wanted uh particularly these overlays um obviously at that point it was just a concept we hadn't really gone through all the details but I do think that um I do think this is something our village wants I think as a whole and I can't speak for all the business business owners but from the the public that I have spoken with and that I that I interfac with at the shet in addition to all the public meetings that we've had over the last two years plus and um and then you know conversations it does seem as a whole like this is something that our village wants um that said I you know I want to make sure everyone has a fair chance at this and to really have a have a chance so I'm not opposed to uh council member frenches concept um if the rest of council is behind that but I I do feel this is something as a whole our village does want so um and that's what we're up here for right we're an extension of our community so uh I like I said I look forward to hearing from public comment that's you know our that's the time to hear and for us to potentially change our mind and it does absolutely come into consideration so that's all I have for now but looking forward to hearing a couple things um I kind of want address the LPA comments first I don't know if we want to pull those up um I don't know if Council had any comments on on those specifically but the one about um reducing the AC size for payment in L from one acre from two acres or less to One Acres or less I would say I'm not in favor of that because I think it makes it more restrictive which I don't think is necessary um so I'm not in favor of that recommendation and then same with artificial turf we have an ordinance on artificial turf so I think we just go with that ordinance and don't put any more restrictions there and then their 8020 comment um I'd be up for workshopping that but I don't think that that's something that uh needs to be tackled now with this ordinance M and then um on the presentation you mentioned business services are not included I would just like to understand that definition and then it's a little confusing because if you move along like in the ordinance it says for example says Business Services excluding formula businesses so I read that saying that they are included but I I guess a definition doesn't include them so can you just clarify that and and Define what the business services are so we all are super clear yes I'll actually just read it so and I just put like a short blur of it so Business Services examples of business services are retail and uh sorry not retail real estate Insurance accounting bookkeeping financial institution management and consulting or similar uses and then when you look at the formula business definition it includes for example real estate which is under the same definition of Business Services um Insurance accounting bookkeeping which bookkeeping and Counting will be kind of similar um and then you have financial institutions so essentially what I was saying was that in the formula business definition it includes healthare Medical Dental real uh real estate retail um but it doesn't talk about the bookkeeping financial institution so what I was more so saying is that if Council decided that they want to include those additional Provisions at the bottom which would be the bookkeeping financial institution that would have to be amended in the definition of formul business okay so so if we want to include it the definition needs amended if we don't want to include it the ordinance I think needs the um the excluding formula businesses next to Business Services needs stricken correct so we just need have to re clean that up whatever we decide to move forward with um the disc continuance of non-conforming uses I don't know if you have a slide on on that definition or that section but um I do know there's property owner's concern with the 90day um time frame there it's a hidden SL that one all the way the bottom oh yeah and after talking to um Mr IB over here um you know he mentioned that this the 90 days may not be long enough so after talking to to Keith Davis we we considered that maybe 180 days would be more appropriate um and so we we kind of recraft what this would look like and then we also said uh put a new caveat that wasn't in there before um this is proposed language where who said um you know when a permitted non-conforming use has been replaced with a different use or when it's been vacated you can no longer considered a permitted use so he is a Wells Fargo if Wells Fargo were to be replaced with something else for two years you wouldn't be able to go back and and get another non-conforming use to replace that if that makes sense but essentially um the 90day requirement is it's pretty pretty standard non-conforming language that that's used in municipalities really everywhere um a lot of times it's done to to get some what I perceived as very undesirable non-conforming uses out like a scrap metal shop an auto repair shop we don't really have that problem here I think a lot of our things that we be made non-conforming by the new code really aren't you know that um egregious so um you know in our opinion extending it to 180 days or or even a year you know is you know seems reasonable okay yeah and I know um my opinion is a lot you know this process started for future planning for future Redevelopment um and new development and I think that um J brought up the one specific property but thinking holistically you know in every District um if it's if it's a like for like service that might not be a bad idea to have an exception there for a little bit more time um and that's how that reads right if it's the same service it would have the extenstion but if it's a different service it would not correct you would lose your non- You' lose the grandfathering if you if you change to a different non-conform use okay and I I kind of like the like for like because we do we have seen buildings and you know there's you know future plans um that they don't always you know a building's built for something but another use will come in down the road so I think having the like for like is a good consideration um again I want to I think this plan like council member painter said it does um the community wants it they've been extremely vocal about that um and I do think this ordinance allows flexibility with us to work with the businesses and Property Owners um so I do want to make sure things like this like it's not too too restrictive so something else to consider as we discuss um tonight and then uh two more quick questions the a Civic open space lesson 250 I know I've asked this I think every workshop with the art who who is approving the art who's managing that I know we're not hiring someone for art in public places how is that going to be handled what the intent was going to be is that they would put that forth with their site plan and that would be one Community Development as well as staff would look at it but then also go before pnz pnz for whatever reason decided that they wanted to put some type of recommendation that they didn't like it or what have you it' come before this Council and this Council would vote to let's say if they didn't like it then they just remove the U public art there's no board or anything that's going to be created separately for that particular um painting or sculpture staff and then Council correct okay um and then just with the waivers it look the appeals process was removed because I feel like last Workshop okay and then do we need waivers in the definitions because I know you kind like a variance carries with the land but a waiver does not carry with the land do we need that Define I don't the waivers is in the very back of the Ordnance but I don't know it wasn't clear super clear to me at least Mr Davis we didn't include that correct I'm looking at 78204 in the or ordinance the waiver provision um no there's not a definition in the definition section so I'm looking at the waiver section and this come up at at uh LPA typically a waiver would would be tied to a de a development order um whereas the a zoning variance runs with the land so um we could clarify that in the code I don't believe it's clarified but um that's generally how they operate I I would defer to legal on that one if it needs better defined there we can certainly add what a waiver is uh I would say 784 or 78 the new 78204 waiver provision or both you could cross reference it um explain it doesn't run with the land it runs with the site and it's a relaxation of any of the requirements except density height or um whatever I can't remember the block coverage is that one uh density intensity height or uses addtive uses or use which you know similar to a variant you can't get a use variance density is set by your comp plan so you really can't get a variance from that either anyway um correct so sure so that that's something we could certainly do without any trouble okay so some mails for Council to consider if we want to clarify that yeah okay I have one other quick question sorry n I'm done okay um just before we go a public comment so I know you you've you mentioned this several times on the slides but it did come up on several email submissions through our website so do you mind just briefly explaining on the Civic open space the concept that it does it is counted towards the minimum landscape because I know that has been a bit Yeah [Music] so so this would just be an example of it so right now let's say hypothetically it's 30% um landscape requirement so the site has to have 30% of it being grass trees some type of vegetation mhm before when we had all these different workshops we said that the Civic open space you can essentially take away from the buffers and you can put it in there however it'd be a separate 5% so you'd have the 30% minimum requirement and the separate 5% now we're saying that that can also be included in the actual landscape requirements okay I'm good I just want to make sure everybody else got to hear that okay thank you mayor can I just address some of my comments based on what was been discussed um based on the LPA recommendations um in our backup and I apologize not everybody has that but I would say no to numbers four five and six what you had said um you know reducing the property size from two acres to one acre I would say absolutely not make it clear about the artificial turf we have an ordinance for that in the mixed use District there's a provision for 8020 that's for the whole zoning I I I don't want to start Focus I don't think we should focus on one specific property when the 8020 or 2080 however we look at it is really for the the the zoning category as a whole so I would say no to four five and six um Lance or Jay um the business services yes that we talked about yes now I want to make sure that I'm clear on this business services would not be business you know defining what that is basically a B2B or business to business type trans action more specifically in this case a bank if well if a bank goes away they're not subject to the 90day or the 180 day because if they brought in another bank it could sit vacant for two years correct okay 5,000 yes but the there is for the Mixed use there is a a threshold for the 5,000 currently currently yeah currently is the current code is that a special use exception greater than 5,000 ft yes correct um and then I understand that you the overlays are something that not only I championed and and I believe in and and in a certain extent I still want them I believe that's not only what the the community wants um but I think we're legislating an issue when it comes to the formula businesses I know when it came to the formula just use that word business and restaurants started specifically from formula restaurants I'm fine in the taquesta overlay um of not having formula businesses or prohibiting form formula businesses Andor restaurants but when it comes to the other ones I think to the the village and the US one I think we're legislating Something That We're creating a legislation for something that that maybe isn't needed so I would be willing to entertain I want to hear public comment as well um you again we want to get this right I don't think we have to rush to First reading today you know we don't have to have that or if there's going to be wholesale changes we come back for another first reading but legislating formula businesses I don't think is based on what I know what I have heard is really not the intent of the overlay it was more so for the formula restaurants and keeping that fabric um there's precedent that's been set our legal council that that educated us on this you know when this overlay started coming up or the formulas came up um so I think formula businesses we can can we can I think we can almost push those aside because I don't think there's been public outcry on formula businesses I think it's more this formula dialogue came up more so with one or two specific formula restaurants so formula businesses I would be okay with even excluding them from the two from Village and US1 uh but I want to hear more on that so I just want to throw that out there now okay any other Council comments all right I'll for public comment any cards uh John S Li 250 to question a drive Village Council Members um first off I'd like to thank the council members and staff that was available to me this past week and trying to address some of these especially Jason just coming on board and that as well um you know I uh I hear the council talk about the the length of time that you guys have been working on this and I I do understand it I appreciate all the time and everything but I don't think that that fully filters down to the people that this extremely um big effect on us big effect on us and I think what Jason and some of the other people have talked about is that you know I was at that charet and I spoke with the regional planning Council representative it was more a conversation about density it wasn't a conversation about overlay um I don't know what other conversations about specific businesses but I know I'm a very you know physical presence in this community and it was not discussed in any great depth to me whatsoever um and I think that we need to pump the breaks on this thing because I'm telling you the clarity that I've asked for in this past week there's still a lot of misinformation a lot of confusion and I don't think it's intentional or anything like that but I'm telling you there's still a lot of confusion going on and I think that that needs to be let's do it right the first time and you know we don't have to do this first reading today let's spend I know it's been a long time coming but I just don't think this is the night to do it I think that even the conversation of the council member that's been on there I think that there's still a lot of ambiguity it's still asking staff for clarifications and I think that you know we need to uh really you know put the finishing touches to get this the way that it needs to be and make it legal and enforcable and fair that's and you know I think that there still needs to be a little bit more transparency to the other businesses because I don't believe they're aware of it either and I would appreciate you know your consideration of that thank you thank Nicholas thank you Madame mayor vice mayor and council members um my name is Nicholas garm attorney with Bartlett L Hines Thompson and Angelos we are at a 8819 South Federal Highway in Stewart um our firm has been retained by FP taquesta property owner LLC um the property owner owns a mixed juice parcel in the proposed Village Center overlay District um our firm we're we're land use property rights attorneys we get calls all the time for property owners who don't like various uh rules or regulations in their jurisdiction and more times than not our advice to them is you don't like it I'm sorry you should probably vote in different public officials who who will create laws that that you like or work better for you but when I took a look at this ordinance I was really staggered at the scope and the restrictive nature of the overlay District ordinance um FP Testa did their due diligence before they purchased their property they ensured and relied on the Land Development regulations as they existed at the time of the purchase and then they relied on those same regulations when they invested um their hard- earn money into developing the property this ordinance basically throws all those relian away in the trash um the requirement of uh the 8020 commercial and residential use is telling the property owner what he can and cannot put on his his own property um the arbitrary changes uh to the design elements on the property the facade the the porch requirements really don't seem to have any basis in any um any productive public polic policy and are frankly un unst understandable for the property owners that I've spoken to in these districts um the the setback and the buffer requirements limit the size choices choices for the property owners um the parking restrictions seem to be overly restrictive most egregiously the open space requirements are functionally a taking of 5% of each of these properties for the the town's use without the offer of any just conference compensation and Beyond just creating an Insurance liability for these properties it's also an unconstitutional exaction and and finally the formula business requirement it uh unfortunately runs a foul of uh not just Florida law but also Federal com federal law it oversteps the authority of the Town it steps on the federal Commerce cause power in the Constitution and when you take all these things together um it's an undue burden on these property owners and it's basically leaving them with no choice but to seek uh legal remedy in the courts so I urge you tonight to take council member French's advice take a pause talk to these property owners and the business owners individually and uh don't let a Court decide what's best for the town thank you uh Phil perco 300 250 Beach Road and Main Street um you know I'm not here to get in the legalities I mean you just heard it um I I was here I've listened to a lot of the shreds I've read the shreds page to page uh regarding the overlay and I think right here it's like I'm seeing a lot of confusion and you know talk to John and talk to several people in this room other people that aren't in this room you have an overlay and you have a code text Amendment everything you're saying Patrick is true we've been working on this forever Lori it's been years Molly I agree with all that but what you're doing is when Starbucks came in we all know the reality where this came from Starbucks potential Wawa I get all that I get what you want to preserve I live here I have three daughters I understand all that but what what you're doing is you're going to make it so difficult for any of us a formula of business I mean the most credit backed worthy type of tenants are the type of people we would lease to in order to get the project financed so if you take that mechanism away from us or that not saying we would need it but there's a strong possibility we could in order to do something that's forward thinking that's transforming for the village and I just think that um you know I just I just I just think it's wrong I think it's a wrong approach so I I think Treasure Coast started off with an overlay they had a plan but there was no band there was no restrictive formula businesses in that plan there there was none of that it it was about bettering the community and I'm not seeing that I see a cext Amendment that's going into an overlay so I think there's a big misunderstanding there's two different things you have an overlay and you're trying to inject something in it and I I think you really got to understand that and uh I just brought something I don't know you pass this around this is town of juper they have a very important overlay their and they mailed everybody a direct mailer multiple emails and they went out of the way they got all the property owners in the building and got gave I think everybody about a five minute speaking uh at the podium and it it was great and I I encourage everybody to reach out to Jupiter and ask them how they did it what they could do better what was the perception how did it go because something this important in looking into 30 years in the future is important talk to somebody in Carmel in California they don't have franchises there what did they do I think you need to do a lot more work appreciate it hi Jessica NE 20 Shady Lane um and I just am echoing that same sentiment of feeling like there's a lot of confusion um I know that I've spoken with numerous business owners that are on us one that would love to see the speed limit reduced they're complaining they don't have a turn lanane into their Plaza um you know and I'm not understanding how the drive-throughs promote walkability because I think that that is the foot we would love to see walkability um but I think that there's confusion usion with how this is written and I 100% think there's confusion with this formula business um I think it was very clear we didn't want franchises and I personally am so confused with how a locally owned like three natives could have three locations and be in the same boat as like McDonald's or something you know I mean that makes no sense to me so I'm confused also and I would urge you guys guys to take some time to reconsider this thank you good evening everyone Pat Watkins um I was not totally familiar with this before getting here this evening but just I would appeal to you all as a very longtime resident here we worked for years trying to get the businesses to see to question to want to be inesta to have the reputation out not just in our community but elsewhere that we were easy not easy as pushover to work with but reasonable and I have the same sentiment just hearing this tonight that why this little village is hurrying appears to be hurrying into something this broad that's going to affect all of our uh business communities one way or another eventually I personally I've I've spoken to y'all before about this to be looking at parking in the rear as something of a goal to me is terrible I mean all I can see is walls as you go down us one I I think it would look terrible but that's minor compared to what you're looking at here and I would agree with what's being said here that you don't have to hurry into this this seems like a transition for taquesta that at the very least I don't think the general residents understand what it is and I hear you saying that the community wants this I can't wrap my brain around who I've not heard this anywhere so I would just ask that you take your time and not hurry into even approving a first reading of this or not approving I think you just need to take a good look at this again thank you thank you any card okay any other public comment Mr Bradford uh Thomas Bradford 44 chess but Trail um I agree with what Mr Sartori said in regard to formula businesses and I hope you all would remember that when we had my first Workshop that I attended I made a comment that I had no recollection that we were going to do formula businesses at all um however um it's my personal opinion that formula businesses west of US1 should have special exception criteria applied to them and I don't know what this proper square footage would be but you know with the Village Center I can't imagine a 10,000 or 20,000 square foot formula business being there uh and I could imagine even smaller sizes would be more applicable the further to the West that you came uh but it's really a matter of taste or uh some analysis by staff as to what that might be um I'm unclear what Mary young meant when you said something to the effect that you didn't these are my words you didn't buy into what the LPA had to say relative to the 8020 in mixed juice do you remember what it didn't make any sense to me what were you agreeing with what they said or you did not want to pursue what they recommended it it was unclear to me the um the last thing is I it popped into my head listening to the uh the discussion about um uh drive-throughs and you know it seems that you might want to give it a little more thought I don't have an answer to it but it seems that everybody's contemplating drive-throughs relative to a single building okay so in other words think the single building and that the the the primary street is in the front and the thought would be that the secondary streets are in the back so let's put them in the back so it's not seen in the front but what do you do about shopping centers that have multiple business that are pointing in One Direction or the other think about for example uh I forgot where the Publix's where it's located over there where the the ma plus placees that building runs linear facing US1 but if you put something behind it for a drive-thru you'll see it when you're driving on Village Boulevard so all these buildings will have different uh things like that to to think about and I'm not sure what the real intent was in regard to drive-throughs and I think that's all I had oh but by the way I miss Walker I'm in favor of this being done because Thea needs to step up its game relative to its design criteria and his AR architectural styles to get in in step with the rest of thank you Mr Bradford any other public comment okay and just I I want to just clarify a couple things I absolutely respect everything we heard tonight um but I know at least for me personally like I personally don't feel like this has been rushed we've had many many many meetings on this have hashed it out I know there's been a bunch of communication not just our public notice meetings but social media uh our newsl you know smoke signals there's been um I know ones that you've had uh asked Jeremy to put on the uh police like reader board like put that there's a workshop for this we really you know um did a lot to communicate these meetings um and I do want to say you know treasure Co Regional planning council is an expert at this this is what they do um many other municipalities have plans like this this is not unique this is not abnormal um and there is reference to formula uh businesses in that in their plan that we adopted so that is why we started discussing that because it was a recommendation I think they provided an example from Stewart so um it was in the plan it's not something that uh we decided to add uh you know on the Fly last minute that wasn't a in Treasure Coast uh recommendation that we adopted so just want to throw that out there for for record and Clarity Council open the floor yeah um so I will start off by saying this is why public comment is so important because uh you know here we are in our first reading and we're just hearing a lot of this I don't I disagree that this is being rushed I disagree that this has been underc commmunication but what I heard tonight I don't disagree with I I am in favor if the last thing we want to do is be unfair to anyone in our in our village and and create a hardship for them um so that all said I am I am obviously the rest of council has behind this but I am in favor of doing a similar process to what Jupiter did have a public meeting let our um property our business uh community that owns property here come in let's hear from them um but I will say this is I I don't agree I agree with you I don't think this was rushed we had over 15 public meetings on it we put it in smoke signals at least twice it went on Instagram it went I mean um but that's why we have public comment for nights like tonight um so I will uh I am willing to to uh consider that if the rest of the council can get behind it and that is is having some type of business Outreach with our local business Property Owners if if we all think that that's what we should do thank you to the owners that came in and their representatives that came in to speak for them I'm happy you came in in person instead of just emailing us it matters so I'm not opposed if we were to reach out out to all of our businesses and coordinate a special meeting and go over all of this so everyone in the room understands even though we've gone through this like we're beating a dead horse however if we were to go down that road I want to make sure that we adamantly figure out a way how do we know and make sure that these owners are notified and that they actually accepted it or received it so maybe we do it by certifi mail maybe we require them to email back I mean I just don't want to go down a year of this and then have people still coming to us saying we didn't know so how do we assure that it's not just the four owners right now that are upset by not understanding and we make sure that it's the entire group are we doing this for four people or are we going to do a special meeting out of the goodness of trying to communicate that's all I want to do I want to make sure we're doing it for everybody and not just four people that's it I'm open to it though I agree with um what you said earlier on the Treasure Coast they are experts and I'm not an expert um reviewing some of these items so I like the feedback from the public and the experts uh and this Council um I don't have any additional recommendations of just what I mentioned before and to to follow on what council M Brandon was stating I just make sure we check all of our boxes on communication I know we've gone above and beyond I'm not questioning that of Staff or anybody involved and I I see all the dates that have been met um because of the long term and I'm kind of repeating myself I guess but I just want to make sure that we do include those businesses and property owners in the discussion thank you um I have a list of things but if this moves towards another discussion or Workshop I would hold some of those these are very specific and drill down comments but about the the public notice I think that's something I'm going to bring up later on um I think saying that we put this on smoke signals that we put it on Instagram and we and we advertised it some of the meetings that we were in dialogue that we're talking about tonight dub tailed on some of those things I can't I don't I think it's disingenuous might be the wrong word but to state that we gave ample notice for very specific things and we're talking about very specific items tonight um and the the Crux and The Angst and the and the you know the heartburn that we all feel and that our the public feels over this is on those very minute details that perhaps some people didn't know about or they found out about it when they were staying at home because they they don't live in taquesta they watch and they you watching and then not having the ability to speak up that's unfortunate but it's not not everybody can stay here till six o'clock at night so I have a hard time accepting the argument that we have you know provided ample there's been ample notice there's been ample meetings but there hasn't been ample discussion on the drill down things that we're really the minutia that we're getting into now um so I am 100% and again I have to State this and I'll throw myself on the sword I was a very big Advocate you know we went from 5,000 or 10,000 square feet down to my recommendation of 1,50 s ft part of governing in a local Municipal level level again I said it earlier today disagreement is not Discord it's a chance to learn and to hear from other people and over the last 90 days since the last time that we had this discussion um people have told me their point of view and I but I have also been equally say listen I I advocate for this I want this to be an overlay I want I agree with overlays but maybe some of the mechanism some of the the vehicle which we're doing it may not be the best thing and so while there may be 482 businesses in the village of quest I don't know what the number is I would say there's 80 property owners and while every business owner could be impacted by a formula business or a formula restaurant I think what we're looking at is the economic feasibility of these Property Owners I want to make sure that we get the property owners here and make everybody aware of it um and the formula business as I said before I think we're legislating something that may not be necessary to legislate with this with some of these ordinances again I I agree with these ordinances I want them the public wants them I think it's a great blueprint on what we know now 10 years ago 10 years from now when we may not be here but what the public wants now and what this Council wants now I think this is a great way to memorialize it but I think we we need more information before we move forward and I think if we go forward with the first reading now it looks like we're just cramming it down the throat it's the same more of the same and that's not the perception that I want to be associated with and I said it earlier today what's the harm in getting it and getting this right because if we start doing wholesale changes then we're talking about things that weren't where we advertise and you know so I I would be in favor of what Patrick mentioned and I think everybody along the way has said and Jason started with it first is public notice is it a workshop I I don't know but get give people the opportunity to come in get specific with it and give them more than three minutes to talk about this because we are now impacting their ability it's like for us to say I bought my house cuz I know I can build 30 up to 30 fet a second story and I I want to rip my house down or say I want to rent my house out to somebody and I'm going to be a landlord these property owners and there while there's some vocal ones that are here but every property owner in the village bought their property based on the rights that they were afforded at that time and I have a problem a fundamental problem of taking those rights away without getting them getting their proper input and that's why I want to to get get it right I want to get it right and get their feedback so we know that we're getting it right and then we then I can sleep at night knowing hey we disagreed there was no Discord but there was a ton of education and we may at at the end of the day we may not see eye to eye but we gave everybody the right to do that because I don't I would never take away the rights of a property owner and I feel that's seems like what we're doing because they bought it under a and now we're telling them in the middle of the game you we're moving the goal line on them a little bit and again I want these overlays but they may look totally differently after we have this input maybe some direction uh for us to consider is and I'm going sure the exactly right method tabling this first reading um and creating a process to direct staff on how are we going to deliver that communication if if the council agrees that that's the step they want to take um being my first day I do not know the method to table this first reading until another and communicate this to to the property owners so I'm looking for Council for guidance there um I have a couple a couple questions um the consensus is obviously to figure out another Form you know one more whether it's one workshop two whatever the case may be but I I do think we need to Define and maybe we would need some staff recommendation and even legal I think we should Define tonight is that are we going to do just one more Workshop are we going to do multi what does that look like and I my personal opinion is it can't just be for the property owners because say we have a a meeting and just for the property owners and we allow them five minutes to talk where we haven't done that for anyone for this whole process I think it has to be open to all um because I just I don't think that's right to have just a property come in allow them to have this special meeting with more time to speak we really have to be fair across the board and consistent across the board so um again if I don't staff or legal has any input on that so we can maybe give you some guidance tonight on what we want this process to look like well if if we're going to do this process um yes you're correct any anyone any I'll call it a stakeholder needs to be given equal opportunity to participate what what whatever the parameters are of that not you're right it can't just be limited to the property owner the business manager the the tenant that you know all stakeholders should be uh invited and given and and equal opportunity to participate to be clear mayor and Council my intent was not to exclude anybody what I'm saying is we it seems like an overwhelming process to invite 482 people and and verify their receipt of it but I think the real audience while everyone has a as a point I the ones that are economically impacted by what we're discussing are the Property Owners yes everybody should be included I would never exclude a business owner who merely rents a facility versus an owner a property so I want to be clear with that I was not saying exclude the businesses and only invite the 50 business owners I'm residents too though like oh yes yeah in a workshop in a workshop type environment yes everybody to come yeah sure sounds like we have at least two workshops right which is fine two I mean I just for length length their availability or you mean for stakeholders well I mean it depends are we going to have one Workshop that is just everybody or are we trying to do more like what has been proposed um the time Jupiter did that was really geared more towards business owners uh property owners and then a second one that's anyone else I don't know but that could be a very big meeting potentially that could be six five six hours I think it needs to be a special workshop for sure like we can't we can't add it to our normal Workshop agenda so I I would recommend uh one special workshop for and have it inclusive and I I would be in favor if we think we want to do um add more time and do like five minute public comment um instead of three I would be in favor of you know a lotting more time for everyone from the public to speak that's great yeah are we able to specify stakeholder as an resident uh business property owner yeah a stakeholders are I don't Define that or be subjective for some people you need to be completely inclusive there it's really not appropriate to exclude any class of whether it's I mean clearly your residents are are impacted your businesses are impacted but at the end of the day it's a public meeting and you're going to set this I mean you to really be compliant with public meeting requirements anybody from the public can attend uh and I don't know how you would say how how you would distinguish you know this person gets five minutes this person doesn't because so so I think you're going to have to set this and just contemplate public is invited as in any of your meetings and to the extent you're going to expand um public participation uh limits and and and that sort of thing uh that's got to be across the board interesting now you know question if you have one or you know that you might not be able to determine that tonight you could schedule your workshop and end up having this room packed and people people pouring out into the um into the lobby one thing you can do is set a time certain you know we're going to be here for five hours or whatever that time is and then if you need to have another one so be it uh you know alternatively you could send out direct mail to every single business and every single property I don't have 10 people show up you know I don't have a good answer for short of somebody physically going out and hand delivering and speaking to everybody and and you know that that's quite a heavy lift how you can guarantee connection with everybody you know we can do as much as we can um clearly the word is getting out there's some folks here tonight but um I don't have a guarantee on on how to connect with everybody I think I think it's pretty clear we want to have a public meeting let us let us staff let us chew it up we'll get then I'll provide the information to council get feedback but I I mean I don't think we don't have to reinvent Wills I mean we've done this before myself professionally Jay's got experience doing it we can copy other cities we we'll get the word out so uh I don't think we need to decide that tonight but I hear you we we want to have a public meeting we want to get everybody engaged and try to do everything we can to notice everybody we'll do that so I hear you right so staff can send out some um once you guys figure out what's going to take for you for you to get your message out when would be some appropriate dates and and um I mean I would gu if I don't I know most of us have jobs so I don't know if maybe even starting at 5:00 P p.m. like start an hour early just to give us a little more time so we're not here super late so maybe time frame start at 5 um and then I there there was some feedback tonight do we want uh the Community Development Department to take anything because they're going to obviously they have the Ordinance do we want anything edited for the workshop or how are we going to handle that or we're just going to have the ordinance as is and we'll Workshop that yeah the business services that we talk about adding that or was that just an additional slide just a clarification the business services that was up to this Council if you wanted to include it or like it even added the definition or stricken from the um there's like a I think instead of maybe peac mealing it tonight I mean we we keep this we memorialize the feedback that we received and then then not say start a new but we know that that's already been discussed I don't know it accomplishes anything by putting some of that stuff in there because a lot of these were it was comments and observations not definitive you know I don't think we' made any major decisions so I think to go in and change the ordinance as it's is written it it will probably be changed again so I think this saving work and time if everybody's comfortable with that it makes sense to me other than the um um the recommendations that were presented as well because I think there were some additions removal um which I did agree with but having those since we're already to go in that direction do those need to be changed for the workshop or we leaving that as is a little confused is there consensus on the LPA recommendations to strike four five and six sure and then the rest they can at least incorporate that for since those are a formal recommendation for and Z we should leave those as they are now and then when we come back and vote on the ordinance itself we would be either rejecting their recommendations are taking them I don't think we need to cut them out at this point but this would go back to LPA probably for first reading depend on what changes in yeah if there are massive changes it it we I would recommend sending it back and I I believe as the document exists right now the lpa's recommendations have not been Incorporated they were provided to the council as a list of recommendations for you to either say yes we want that to be incorporated or no we don't want that to be incorporated so right now the document doesn't include those you just have a list of what those were correct okay any other comments okay can I get a motion to uh deny the ordinance I don't think it would be I think the motion based on what I the discussion I've heard the motion would be um technically it's not tabling it but to go ahead and place the ordinance on the table not vote on first reading and direct staff to work on providing notice to the community and scheduling um working with the council to schedule a we calling in a workshop meeting to further get more public input so sounds to me that if that is if if one of you is comfortable with that you can simply say so moved and if you want to rephrase it you're certainly welcome to thank you Keith so moves second all in favor I I thank you thank you all right any other matters I did have a additional com I'm sorry no go ahead additional comment yes um I want to preface this as I'm looking for guidance and historical Insight uh again as I'm new to this I Want To Tread the waters with always an optim IC approach um during my Council orientation uh it was told to me that my discretionary funds are at a zero balance I didn't know how that would be because I'm starting today so I inquired a little bit more and it seems that uh my funds were requested February 20th to be spent uh on the test civic association the environmental committee Testa country club Owners Association Beach Road Association and and Jupiter nrow I don't believe that was the intent of these funds um there's no necessary policy against that but it puts me in a weird situation as those funds and please correct me this is why I'm acquiring or more for Florida League events palmach County events uh State of Florida governmental events where I don't have to use my own personal funds but we can pay for those events through discussionary funds and and similar um so two two points if if I need to be corrected and that is not the intent of those funds please let me know the other part is um I would recommend two action items on there number one if those funds have not been dispersed to those organizations to Cease the payment immediately uh number two we should probably think about having a policy internally on the attent to those funds and U if there ever becomes a similar situation A interim situation that we have like a prata uh approach or something similar uh again it's first day so I don't know how you guys have used the funds in the past that could be way off but I don't believe that those funds were meant to go to special interest groups it was more of a Flor Liga City's example um so please correct me or if there's no guidance and you know no comments needed I I would recommend that staff work on a policy to make sure that doesn't happen again if that's not the intent of the funds I I I agree with that Jason um you know I've used mine in the past that were left over and I donated them after at the end of the fiscal year to some nonprofits that were based in in Testa um I think it's unfortunate that you were left now to govern for six months um or for a for a year till I think are they renewed at the fiscal year so you go through October 1st with nothing and and there's a whole summer full of opportunities to learn to represent the village and you either pay for that and you eat it or you don't go and and that's unfortunate so I I do support staff crafting or asking staff directing staff to craft some type of ordinance and definitely on a prit basis because I don't see how it's fair but we again there was no policy so whatever happened happened but um I this can't happen again so I would recommend I I support what you're saying as far as coming up with some type of policy um f defer that to staff you guys can look into that and then if you need a workshop yeah to the extent we can share our discretionary funds I don't know if we can I'm happy to share them with you thank you thank you I'm pretty sure my balance is full I never touch mine yeah I use mine for like you said League events chamber events that's it so thank you and I do agree with uh vice mayor that you know at the end of the year if there's some like you know local like the um Lighthouse art center right so at the end of the year if there's funds like make $100 there bush wildlife I know council members in the past have done it but it is more towards the end of the year when you know you have funds left one year I bought a bench for the community you know so stuff like that um all right any other count any other matters um yeah I have a few things so um I know Chief Medina discussed it this evening about which I it's great that they pulled over and or educated seven uh of our village youth on that um but there is a very strong opinion out there about you know our ordinance said you know the state that we we approved our ordinance in late 20 early 2021 um the state allowed us to or did not preempt us and we made a decision to say that evikes have to be written on ridden ridden on the sidewalk um now Jupiter my understanding is going to as the chief said going to letting them ride on the sidewalks um but like it or not we've got 10-year-old kids out there going 30 miles an hour on a sidewalk and we have people that utilize those sidewalk sidewalks strollers dog walkers things like that um that can't get out of the way and I I well I I hate to see something happen that's happened in other parts of the city where people have been critically injured and there's been a death involved because a young child doesn't understand how to do that and I don't know what the answer is that's why I'm asking for for my colleagues in the mayor to consider a workshop about just revisit it doesn't have to be a long item do we are we happy with what we have is there data to back up that they're that we are safer by having these children on these e bikes on the sidewalk you know putting a speed limits tough but that's I think what the workshop is about so I I would like to have that uh an ebike discussion if the council will would um approve and I received a resident email um about our I think it touches on two things our public notification when an ordinance is put in place or properties are impacted and our artificial turf um the resident reached out to me um because he was unaware that the ordinance was was passed about the 10% and where it can go uh and he was in the process of ordering and getting everything uh together and now he's got if he would have known about it he would have rushed to get it in like a number of people did um but I'm also just wondering what is happening with um those houses that are going through it now or residents that are going through it now and finding out that oh by the way you know so again it goes back to the public notification on something this well I agree and I voted for that um the uh the restrictions to 10% where they're located um I think there's some validity to having a greater discussion with some folks and so I would say that not to I don't want to debate the the ordinance itself and How It Was Written but I think the notice creates some confusion and I and maybe there's nothing that can be done but a citizen has done a pretty compelling argument as to what he could have done and why he didn't do it because he was trying to do the right thing and also if we don't allow some you know more then we're putting combustion engines out there and we're fertilizing and all the things that we Advocate against we're encouraging people to do that you know when there could be using their permeable AstroTurf so I don't know how we'd like to do this but I would like to see this on a on a workshop as well because there people weren't properly noticed I'm just I'm curious as to what the impact that we're feeling now from that those are my my comments okay so we're in favor of worksh shopping discretionary funds if necessary uh what about ebikes yeah I I think that I mean I don't truthfully I don't have a huge opinion on them but I do hear a lot about them and people having issues with them so I think it is something we should get ahead of um and that would be the proper time to do it as in a workshop so it may not be a long conversation think that our ordinance reads one way and I would like to hear is there data that it's safer to have children on the sidewalk maybe there's none out there but I would think that some highway safety or ebike Association has those that type of data that maybe we can find if it's available I'm not sure if it is or not I'm fine if you want to talk about ebikes yet again um I would request that Chief Medina is in the room for that conversations so we can have conversations on how do officers do their job of judging ages speeds and make them a part of it because they're the ones that have to enforce it and they might help us legally understand the state law as well 100% agree with you perect 100% are you in favor I'm in favor as well okay and then what about artificial turf I guess I'm a little I'm not want to say I'm confused are we going to be discussing notifying residents more about what we passed or revisiting what we passed um perhaps that you know we've got an ordinance on the books and somebody's complaining about that ordinance we can't undo the we can't undo the ordinance so staff has directed me to say hey maybe we can Workshop it and then talk about you know how we noticed people is there a grandfather this I'm not recommending a grandfather I'm not recommending a window of opportunity for the folks that weren't aware of it but there's probably people that are coming to the to the village now with permitting request for artificial turf that this is the first they've heard about it because I don't going back to some of the discussions we've had tonight perhaps we could have notified the public in a different manner um this is impacting all 4,000 residents of the 4,000 homes that we have so I don't know if it's a workshop or I don't know if that's something that this Council wants to even spending more time on I just know that this is something that um I support but I also think that maybe we should hear from some folks and it's after the fact I get it I it's after the fact but to say that we publicly notice something on an agenda doesn't mean everybody reads the agenda doesn't mean everybody understands what's on the agenda doesn't understand the impact of that so well yeah we've already you know the horse has already left the left the barn so to speak but I think giving people an opportunity to come in and speak and and talk to us I don't have a problem that's what municipal government is about solving problems with residents and constituents and businesses where the rubber meets to road so I my only input there is I do not want to revisit artificial turf we had several workshops on that too we can't be backpedaling on everything we do because one person reaches out to us I absolutely respect this person's opinion and and that they didn't know but we you know and well we do it for this person so if we pass orangs and someone's not happy with after the effect we have to consider it again for that person so I just think you run a slippery slope there um with continuing to revisit things you know we're doing it tonight with the overlay District but that's a massive massive project and change um so I I respect your opinion I respect this um residents concern but I just I worry we get you know we're going to keep revising things over and over and over again and we're here to set policy for the greater good of the Village um and we do have a really robust communication and public process I work in a lot other municipalities they don't do nearly half of what we do so I just I wanted to put that to you s out there yeah okay no i' I'd be in favor just because it's come up at least twice tonight I'd be in favor in workshopping our notice policies but not specific to artificial turf like just let's you know clearly we have a different perspective than the community when it comes to how we notify and you know well again we're up here as an extension of our community so let's talk about it see where we we can improve but I'm with you mayor I don't as it relates specific to artificial turf I'm not interested in revisiting that with the notice as a whole I'm okay with so vice mayor I agree with you I don't see any harm in seeing if our staff can do us another push of communicating the ordinance that references the artificial turf because I do know that there's resident especially with sum are coming they're starting to think about redoing their backyards why they enjoy them I don't know if that entails a meeting though for us to request staff to do another so I mean is that something you think you could propose some more ideas or should we Workshop it what do you what would you best I personally don't want to dissect the actual ordinance until we put more notice out and if we get feedback from residents that there's some issues with it then be going forward not for I don't want to dissect it in a meeting but I'm okay with if you want to re-educate what we passed and then if we get a lot of feed back we'll go from there do that make sense I like the idea of just identifying the communication process going forward so we don't have to deal with this in the future I don't want to dissect the actual ordinance though right now yeah even though not just yet no go ahead even though we know from working around Page County and other places The Village does above and beyond I mean way above and beyond but that doesn't mean our residents feel that way right and up into grabbing them by the shirt and saying you have to read this right cuz we almost do that to a point if we can do one extra little step that is acceptable and it's viable for staff I'd be in agreement with that okay that might solve multiple things in one yeah so what I'm hearing is a public notice discussion for ordinances and enforcement and different things like that but not specifically on dissecting that I just want to make sure I want to communicate back properly yeah I think we're in consensus on that P to that we are we already in the works tomorrow Friday news we'll have something on artificial turf and we have something lined up for the smoke signals already on artificial turf so that part's coming um I know going back to last year with Public Notices we did have a a discussion I don't know if a strategic planning workshop I know that was part of the one of the initiatives on there but I think we had a workshop about you know all the stuff that we do so it won't take hard it won't be hard to have that discussion and I think if there's other means that we can do let's do them so I think that's a it could be a healthy discussion so we're we're all ears I mean do to get our residents involved so right anything else just have one thing and I probably should have actually brought this up during uh Communications with from Council but um I do want to say I attended the Beach Road association meeting on April 1st and it's uh it's always kind of a joint meeting with um Us in the county and a lot of the topics they want to discuss this year were uh really all County matters with um work Paving the road the parking that the redoing on the road some of the beach um renourishment issues um so e e