There's Yeah. >> Okay. That way you can't paint white. He's so busy. I make my head spin
right with it. >> Okay, it's 6:00. We will call the meeting to order. And for the public, Mayor Molly Young is not with us this evening in person. However, she is participating by Zoom, so you will hear her comments over the intercom. Uh Lori, can we call roll call?
>> Mayor Young, >> here. >> Vice Mayor Story >> here. >> Council member Brandon >> here. >> Council member Painter >> here. >> Council member French >> here. Hey, if you'll join me for the invocation first and then we'll stand for the pledge.
Dear heavenly father, we give thanks for the village of Dquua, its people, its history, and the shared commitment to community that brings us together this evening. We are grateful for those who have chosen to serve and for the trust placed in them by our residents. May
wisdom guide tonight's discussions. Patience shape our dialogue and respect govern our differences. Help our leaders make decisions that are thoughtful, fair, and rooted in the long-term well-being and vision of this village. May our first responders be guided by
your protective hands. And please continue to watch over the men and women that protect our country both domestically and abroad. May our actions reflect integrity, cooperation, and care for one another. And may Tqua continue to be a place of safety, opportunity,
and pride for all those that call it home. In your name we pray. Amen. >> Amen. Please stand for the pledge. >> I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all. >> Okay. For the approval of the agenda, are there any additions, deletions, or modifications? Uh, vice mayor, the staff would re or request uh to add um consider approval to allow construction
activity outside of regular construction hours um from the period of January 8th through January 22nd um for a necessary roof replacement at Valerie Village Square, 221 US Highway 1. Um recommend
putting at the beginning of new business. It should be a quick item and we can get through it. And I know that the construction company is on hold waiting for that and it could be as of tonight that they start if council approves it. Okay. Um I'll entertain a motion to re to add that item, reumber
the renumber the agenda. So the added item to consider approval to allow construction outside of regular construction hours will now be number 15. Um everything else will drop down. Then new business will start. Then will be 16 for the Tquesta Trace condo, number 17 for the variance, and number
18 for resolution 126. Is there a motion? >> I'll make a motion to add the uh request for approval of nighttime construction for roof replacement to the agenda as number 15. >> First and second. All those in favor?
>> I like sign. >> Agenda has been moved and amended. We don't have any presentations this evening, so we'll go right to the consent agenda. There any comments on the consent agenda. Motion to approve the consent agenda? >> So moved.
>> Second. >> All those in favor? >> I like sign. >> Okay. I vote. Consent agenda passes. Um any communications from citizens that are not on the agenda? >> Yes. Michael Thomas.
>> He's on the agenda. >> He wants to talk about it. >> Okay. All right. Perfect. Sorry. >> Sure. Your name and address for the record? >> Mike Tones. Uh 110D Lighthouse Circle Questa, Florida. Uh I'm just
following up on the last meeting of which I was asking about the quiet zone. And at the meeting, uh, Jeremy indicated that there was another meeting to happen the next day. So, I'm curious on what happened, uh, because nothing has shown
up on your website. Okay. >> Thank you, sir. Manager, any updates or anything? >> Uh, I'm going to defer to Doug because Doug's the one that's been handled. I know he had a medium today, but I don't know that there was a lot of action taken today, but I'll let Doug describe it.
>> Okay. Thank you. >> I'll recap. Over the last year, um, when Bright Line Project was closing out, we had an opportunity, all cities had an opportunity to ask for supplemental safety measures at their crossing.
And there was some funding available from the Palm Beach County Transportation Authority through a federal grant to pay for those additions. Uh, the village requested additional exit gates so nobody could come into the crossing in the wrong direction and end up on the railroad tracks.
It's been a long process working through the funding process with the FDOT, Palm Beach County, and Bright Line. And a few weeks ago, Bright Line dropped out of the project on the advice of their
attorney. And there's now a pending lawsuit from the FEC to Bright Line. So that's sort of put the safety features on hold at the Quest Drive crossing and some other cities.
In the meantime, I had a meeting today to talk about how we could advance uh the safety enhancements at Tquesta Drive. It's approximately half million dollars for the exit gates and signals that the village would not have to pay for. and we're trying to work forward with
the FDOT, Palm Beach County Transportation Authority, and possibly contract with the FEC. So that's the meeting we had this afternoon. It was suggested at the time while we were adding these safety features to hold off on Quiet's own
application and that's what we did. So, I should have more information next week to see if we can move forward with the FBC and and keep that funding secure. So, there's no out of pocket expenses for the village and that's where we're at.
>> Okay. Thank you. Um, so sorry sir, not a lot of change or movement. The wheels, no pun intended, of this of this >> of this of this quiet zone do roll very very very slowly. So, um, you always feel free to call the village if you think there's an update that something you may have heard that maybe that we're
not aware of. So, please do that. Is always available for any communication that's necessary. Thank you. >> Thank you. >> Communications from council. >> I still have some more. >> Oh, I'm sorry. Marsha Nielson,
>> it's my great pleasure to say what a great job everybody did to get across the drive back together from that huge chasm. I couldn't believe it when I saw that like two days it was done. Lots to everybody that really got that done.
Fantastic job. >> Thank you, Reed. If I just add on a little bit on that, I don't want to back and forth, but you know, the permanent fix will be coming after we finish the water main project within the next month, month and a half, and we'll have a permanent fix coming. So, that was a
temporary fix, but um to Miss Nelson's point, great job with staff. So, >> Butch Pal, >> good evening. Uh, thank you, Mayor Young, council members, and other VOTE
staff for the opportunity uh to speak to preserving and protecting the Jupiter and Narrows. It's noted on your website um that VOT is proud supporter and partner of the Jupiter Narrows Conservation Alliance known as JNCA,
noting its clear mission to preserve and protect the environmental integrity of the Jupiter Narrows with statements as to how this treasured area is loved for its pristine waters and abundant wildlife. As written, that's a
worthwhile mission. However, when the FD when the VOT endorsed and partnered with the JNCA, it was done before anyone really had any idea what that meant except save the mangroves and protect them. After the details of the plan were
revealed, I was shocked at how severe the negative consequences were for the Jupiter Narrows waterway, its adjacent property owners, and its many users. I have outlined those adverse material impacts in emails to the council early
in December and then earlier this week. The FD is pushing forward with this project, believing that it has solid public support. I believe the general public supports the ideology, but I'm really not looked at the details and
that's where the devil usually lurks. If the VO does not step in within the next few days objecting to the massive breakwaters in the current JMC plan, irreparable permanent harm and destruction to the Jup waterway
itself will occur. That will be the natural consequence in addition to protecting the mangroves. The mission statement and VOD support was to protect and preserve the environment integrity of of the narrows with emphasis on the on the treasured area and love for its
pristine waters. However, the JMCA's only focus and priority is on the mangroves. I think it ignores the many negatives and forever impacts on the waterway and its many users. I urge the DOT to send letters in
the next couple of days to JNCA, FD, FWC, and SCP permitting outlining the plan as designed has serious forever consequences that you do not support.
I would ask for a redesign with other alternatives that do not destroy the pristine nature and character of this stretch of outstanding Florida water in the Jupiter Narrows. It's not in the public interest interest sacrifice the heavily used sections of this pristine
outstanding Florida water in the narrows for the sake of preserving and protecting mangroves. Both should be protected and preserved. Thank you for your time and consideration. >> Thank you, Mr.
>> Sue Panella. >> Hi, Sue Panella. 375 Beach Road. I'm the president and co-founder of JNCA. So, first of all, I want to thank the village of Toquesta for your support of our efforts um to preserve the mangro islands and seaggrasses. And I want to provide you a quick update and address
Mr. Pal's comments. So, first of all, we're really excited about the municipal support we have and support from elected officials. In addition to the resolutions that you all have provided to support the project and the naming, we have gotten similar proclamations
from Palm Beach County, Town of Jupiter, and Jupiter Inlet Colony. And in this legislative sess session that starts this week, Senator Harold and Representative Weineberger are sponsoring legislation to secure state appropriations for our project and also support the naming.
To date, we've raised over 3/4 of the money that we need to do the project. twothirds of about 350,000 of it already has come from residents and twothirds or more of the residents in the two buildings that are directly adjacent to
these largest islands have contributed tens of thousands of dollars. That includes the buildings that we both live in. We've also gotten money from conservation groups like the Fish and Wildlife Foundation of Florida, from many local businesses, Next Energy, Charlie and Joe at Love Street, the R3
Foundation that's run by the founder of Blue Line and Guanabanas and so forth. And then we have letters of support from many other organizations and residential communities. throughout this process. I'm so proud of the community-led effort that we have and
we've been totally transparent with the designs throughout the entire process. I also want to mention we're working with the students at JERSA, the Jupiter High School Environmental Academy, and they will be helping us over the next few years to monitor the results um with the
seaggrass and mangroves. Regarding the permits, this has been a very long and laborious process that started last December. We hired Taylor Engineering, one of the best in the state, who have worked extensively in this area with the BLM project and in the uh Lockxahhatchee
River central embainment. They've worked for a year and a half very closely with all of the permitting agencies and all of the other agencies involved to ensure that this is the best design to save and restore the mangroves and seagrasses and that all concerns of interested parties
are addressed. As they have said to me, these permitters don't mess around. It's a very rigorous process. After all this time, I'm very confident that the experts have analyzed this thoroughly. So, to be totally honest, in the past 3
to four years that I've worked on this, Mr. Powell is the only one who has spoken out against this project. While he has every right to do that, and I respect his opinions, the concerns you've heard through his emails are not new. He has communicated these to the D
and the FWC several times. For concerns that were valid, the D actually came back to the engineers with a request for additional information and they had to address them. So all these concerns have been addressed and we're very confident that the design going forward has been
vetted and we look forward to moving forward. Thank you so much. >> Thank you very much. >> Thank you Sue. >> Okay, no more. Um, if we want to have further discussion on this, we could do it uh in other matters at the end of the meeting. >> Understood. >> Um,
standing reports. Bill, it's your turn. >> Nothing further this evening unless you have any questions for me on anything. I hear from you plenty later in the agenda. >> Mayor, any comments for the village attorney? >> No. >> Okay. Village manager.
Um yesterday, today, might have been this morning, um we got an update of Tquesta Park. Uh as you guys recall, we approved a maintenance building to be put out there. We had to update our maintenance plan with the state. Um that was a
month, month and a half process. We did get approval for that. We have the plans for that maintenance building. So, uh hopefully we will move forward. Doug will be working with Martin County to get to go through the permitting process for that. Um we did start the villagewide survey I believe on Tuesday
morning. So we hope that everybody will get a chance to um review that and go through it. I think it's 6 to 7 minutes um to um go through that um so it's not very timeconuming. EAC meeting was cancelled for this month. Their next meeting is scheduled for February 11th.
Uh kids night out at the recreation center. Um we have one tomorrow. Uh we still have a few spots left for anybody that's interested in that. Uh January 24th is Toquesta Fest and so we're that's one of our big events that most people are very excited about. Uh it is
free to residents. There is a non-resident fee that is associated with that. Uh February 3rd is our next workshop and then planning and zoning will meet um January 15th, so next Thursday. Um and that you have my
report. >> Any comments from the council? >> No. Thank you. >> Mayor, >> no. Uh, police department, assistant chief recruit. >> Good evening, council, city attorney, city manager, and city clerk. Good to
see all y'all after the holidays. I hope everyone had a merry Christmas and happy new year. I'm glad to be back after spending some time for vacation with the family. So before you, you have our monthly report for the police department. I'd just like to highlight a few items on the police on the monthly
report. Uh during December, the police department took a proactive approach and increased patrols throughout the plazas. This way, we wanted to be seen and active and give our residents and visitors um a feeling of safety and also
to help keep any crime activity down. Uh also during December, the police department visited Hannah's home. would like to thank the mayor for attending with us and helping the ladies and children there at Hannah's home have a wonderful Christmas. I I saw a lot of
tears from the residents and through other people who attended with us. I won't mention any names. So, but it was great to see how big of an impact that truly made on all the individuals at Hannah's home. It was very touching. And
finally, we continue to have our farm safety class uh every month. As you know, we were um approved for a third year for our firearm safety grant and our next classes is Saturday starting at uh 8:30 a.m. So, and if y'all have any
questions, I will complete my report. >> Any questions? Mayor >> No. >> Fire Department, Fire Chief McLing. And I at this time, I just want to say that I had skipped over communications from council. So after Allison gives a
report as utilities, we'll go back to communications for council. So Allison, utilities. >> Hello, mayor, vice mayor, councel. Allison Felsburg, utilities director. Um, attached in your agenda is the utilities update for the month, including the dashboard and our project
update. A couple of highlights. Stover ditch, we will be installing or the contractor will be installing saw next Thursday, and they should have the project complete by the end of January, and we will request the grant reimbursement in February. um our FY26 storm water pipelining. We
have received all of our prices for the pipelining. So, we plan to bring that to council in February. The official well 28 design and construction. We met with the contractor today at the water plant to select a location for the test well. So, we are moving forward with that. It will um be under construction from the end of
January, early February. It takes about 3 weeks for a test well. So, it's pretty quick turnaround. And then we should have a good idea if that's a good spot to put the actual production well. Um our membrane replacement project uh the contractor has completed membrane replacement on two of the three trains.
The last train will start Monday. Um so they should be complete before the end of January, much ahead of schedule and we are very excited about that. The water quality coming from the two trains that were replaced is great. We are very very happy with it. So it was much needed um maintenance.
Our water treatment master plan, we have a meeting scheduled for February 11th. um they're about halfway through completing their analysis. So, we'll do that meeting, go over their findings, and then they'll move forward with the rest of the um plan, and then they'll present the final plan to us, and then
we will provide that to council. Um, additionally, in that, EPA announced earlier this week their plan to regulate uh perchlorate, and so we are looking at that. It won't be regulated until about 2030, but we are including that in the
master plan to ensure whatever treatment methods we select will meet the PAS regulations as well as any regulations that could be coming down the road. For water main drive or water main one drive, um the east of the bridge portion of the work has been complete with the
exception of some restoration and then actual transition of old services to the new water man and then abandoning the old water man. So, uh, the bacterological testing has passed on the new water main and so those results will get sent to the department of health. Once they get the okay, um, those
services will be connected and they'll finish final restoration on the east side of the bridge. They are now working on the west side of the bridge. Um, and most of the larger directional drills have been completed. They'll do a lot of the shorter under the road directional drills and then hopefully they will be
done by February. uh water mane 2 beach road phase 2. We are finishing up some finish some final touches for that project and plan to bid that out the end of January early February depending on when we can get all the documents together. But we are excited to get that one kicked off. Um
Martin County Line Road bridge replacement. That's our water man and our raw water man that are attached to the bridge. Um that project was kicked off this week. So if you've been over on that road you've noticed that they have one lane closure. So it is uh 24/7. So, uh, there was an issue in the beginning
with the MOT with some drivers not respecting the MOT. Martin County has been involved. They're monitoring the traffic. Today, the traffic was a lot better. They didn't have any issues. So, they're going to continue to monitor the situation, but everything's kind of uh falling into place. Um, and then on the consent agenda tonight was the FD
submerged lands easement for that crossing. Um, and then some other items not related to projects or larger capital projects. Um the police department did complete the security assessment of the water treatment plant for us. Based on that assessment, we have um implemented
some details of our security project that we were working on with the gate replacements and the fence repairs and replacements. Um so you'll see that coming to council probably in March. Um on the consent agenda tonight also was the uh amendment to our Questa Park
lease. Um over decades of renewing the park lease, our wells that we have on the property fell off the lease. So we went ahead and amended the lease that we currently have to include those wells. For our hydrant maintenance, we have completed about 75% of testing of all of
the hydrants in our service area and they will be complete with that testing by the end of January. We are completing a driving course for all of our employees in the utilities department on January 14th. Um, and I just wanted to go off of what a couple of people have uh mentioned this
meeting. We did have the main break that happened on Sunday morning on Tquesta Drive by Shore A. Um, hats off to everybody involved. Our utility staff, public works was phenomenal in helping with that. PD with the road closures um and the clerk's office with the public
outreach. It really took a village and I've never could have imagined that it would have been opened up that quickly. So, we are very very happy of all of the efforts that were put into that. Um, we do have a vacancy. One of our water treatment plant operators who al also acts as our QA officer, his last day was
today, so we are hiring for that vacancy. And that concludes my report. I'll take any questions. >> Any questions for council mayor? Any questions? >> Yeah, just a quick comment. Um, I know you brought up the PAS regulation and I just want to make sure it's on
everyone's radar. I know at the state level there's some PAS bills filed. I believe some are filed this week. I have not looked at them myself yet. I don't know if they're uh have to do with water utility, but I just wanted to make sure that staff knew and we're, you know, making sure we're taking a look at the
state level to what is being filed this year. >> Yes, I know that there was um one filed for uh PAS related to bioolids. So, that would not apply to us. that's related to um wastewater treatment facilities who um take the solid waste that contains PAS and where they're going to go and uh
dispose of that and that's a really really big topic amongst wastewater facilities right now. I've seen a couple emails bounce around between the different organizations that is a part of but other than that I haven't seen anything but I'll definitely check into it. >> Thank you. No other comments. >> Thank you. We got one question for you
Alison before you go. Uh if there are any security issues you think need to be tended to immediately, please use the proper processes to move up that timeline and not have to wait till a further meeting. >> Yes, we the I think last fiscal year we did have one major area of concern where the fencing was down and we took care of
that right away. Right now it's just more of trying to increase the security for sure. >> Understood. Thank you. >> But thank you. >> Thank you, Alison. Um communications from council. Start down on the far right. >> Yeah. Um, well, first just want to extend a happy new year to everyone in
the crowd and council and um, also I feel like I say this every year, but just want to applaud and extend kudos to all of our village staff um, for making Christmas and the holidays in our village so special. Um, I mean it's it's
you feel lucky to live here all year, but particularly for me and I'm sure most of you in the month of December, you really realize how unique and special the village quest is and all the various departments um that do different Christmas activities. Obviously
Christmas in the park, but fire, police, everybody. Uh rec uh the rec center with the I think the mailbox is the rec center. Is that right? The same as the mailbox. But it's it just I don't know, we've all lived other places and you don't you don't see it everywhere. So, I
just want to extend that. Um kudos to everybody for all that hard work. >> Yeah, very excited about this year. And unfortunately, in the past week, you know, there's been a lot of traffic accidents. So my only request is
if our PD just make sure that they are communicating to other police departments because I know one of them in particular were on the same radio wavelength and just making sure that whatever is actually causing these accidents that we are doing our best on our roads to prevent them and holding
drivers accountable whether they're speeding or not paying attention or running red lights. I personally would fully support accountability. Um, but I think ideally if all of law enforcement communicates to each other because some come from up north and come through us
and vice versa. So, we need to try harder. Not that you guys aren't, but five plus lives in the past week is way too many. So, that's it. Thank you. And I have to thank village staff, everyone who dealt with the quest drive water main break. U, I go to family church to
Questa and that main break was right there before service. Um, and there really was no issues at all with parking and part of my jobs at uh, Family Church's parking and it was smooth, like nothing happened and zero complaints. So, thank you all. Mayor,
>> I just want to echo what some of the other council members have said. Um, especially Council Member Painter with all the uh events that our staff put on during the month of December and and participated in, you know, the police department with Hannah's home. And
truly, every year you just set the bar higher and higher. So, I cannot wait to see what you guys are going to do next year. Uh otherwise I will be in Tallahassee with some of uh my fellow council members next week for Palm Beach County days and then also the week of
January 26. So I'll be um advocating on items on our legislative platform as well as our local bill for Dquesta Park and then I'll have a full report on those visits when uh we have our February meeting. That's it. >> Thank you. Uh I too echo every comment
about the the water main break. Um but also thank you to the residents for understanding. I mean our water pipes are 60 and 70 years old and they are at the end of their effective life and this is going to happen and we're tackling it now. Um Allison and Doug are plowing through it. Uh but the residents had
understood that this is going to happen. It happened very quickly. Uh we addressed the best we could. We communicated. So I want to say thank you for that. Um, and yes, the and I've said this very of several times, but at the Christmas tree lighting, it was probably one of the most beautiful nights we've had. It was no humidity. The white
lights all it it was kind of corny. It looked like a like a Hallmark movie. It really did. But that's why people moved to Tqua. And I'm so honored and proud to be here. But it really looked like a a Hallmark movie. And people kind of get it when you do that. And then Santa's ride through the neighborhood uh was
amazing. Um, and I too will be with the mayor. uh in Tallahassee next week banging the drum for TWEA and all things that affect us here in Palm Beach County. So, thank you for that. Um that concludes the standing reports and communications from council. Thank you
for obliging me to take them out of order. Uh moving on to the regular agenda. First item of old business is ordinance number 1425. It's the second reading of a commercial filmmaking ordinance. Thank you, Mr. President Mayor. Ordinance 1425, Ordinance of the Village Council, village of Questa, Florida,
amending chapter 78, zoning, article 9, supplemental regulations, creating an entirely new division entitled division 8.5, filming operations to adopt reasonable regulations common in many neighboring jurisdictions for commercial film making, videotaping, and photography. Providing definitions, exceptions, providing a permitting
process, penalties for violation provided each and every other section subsection chapter 78 shall remain in full force and effect as previously adopted. providing conflict class severability clause authority to quantify effective data and further purposes. Uh I have three questions and
I need to point out two typos um in the document. I apologize for the typos. Uh but it's my understanding at the December council meeting the council wanted uh a shift in the processing of this so that it was basically handled through the village manager's office and
did not come to council. Um we did that. Uh, I do need to um point out there was a scrivener's error uh in the section 78571 and continued to say village council. I've changed that to say
village manager. Um the other uh typo was the title of section 78575. It still talked about review by the village council. I changed that as well. But um given the direction to um have this processed through the village manager's
office, I have a couple of questions that I wasn't sure um uh how to handle. Section 78568 talks about waving certain provisions and the the existing language is that the village council may in its discretion
for good cause wave requirements of this article. didn't know if the council wanted to give the manager the ability to wave provisions of the code or simply remove that section or leave
leave a request to wave something at your level. Based on what I got from the December meeting, I I wasn't sure what you wanted for that. I would say one if there's an example of what that looks
like, but two if there is any waiverss or provisions that yes, bring it to council. >> Um that might might be um you know there's certain provisions in the applica in the permitting process that
restrict um someone being cost an actor costumed as a law enforcement officer using certain non-domemestic animals. Maybe you wanted maybe there was a reason to wave those prohibitions. I that that's two quick ones that come to
mind. Um again, if you you know, you can it can be housed with the manager's office. I just if you're talking about waving your legislative direction, I didn't know if that's what you wanted or not.
So that that's the first one. Um the second question had to do with insurance coverage and there's language that that requires um
per occurrence and and per um uh incident insurance coverage and the current language says that the council can increase those limits as necessary um on a recommendation of the manager and the chief. the way the ordinance is
written, those limits are written into the code. So, it could require a code change and I'm not sure my recommendation would be to have a peacemeal changing of insurance coverage, but and obviously anytime you change the code
that has to come to the council. Uh, so I wasn't sure about that. And then the third one is at the end of the document. The way it was originally written, it it allows the manager and the police chief to revoke a permit, but
it included an appeal process to the council. So there's nowhere else for an appeal of an action of the manager to go but to the council. So the options would be in my opinion to leave the appeal process
as written, come to the council or take that out and the village manager's action would be the final administrative action of the village and that would be that. Um but you know it's got to be one or the other and I didn't know what you wanted
in terms of that. So, so there there a couple of finer points that that still talk about village council action which seemed to be contrary to the direction that the council gave in December. >> Was the village council
part of those scrier's errors in the other places as far as the waiver and the appeal or was that on purpose? >> No, the scrier's errors were just oversight. Okay. The three other questions I I I left them in because I didn't know what to do with them based
on the direction that I got. >> Well, I think one I like the idea that police or village manager could shut down a filming if there is an issue to give them that ability if it's safety or whatever it may be. >> Yeah. And that is in there. The qu the question on that one is do you want to
allow an appeal of that decision up to up to this level or or not? I would be okay with an appeal to council if it came to that the way that it's written in here. It has to be filed within 10 business
days. >> Would you mind if we took these these issues one at a time? Yes. Go back to the sections. So 78.571 that is changing from to the village manager from approval for the permit to the village manager.
>> Yeah, that was a typo. >> That was a typo. 571. So 78568 >> that's the one that talks about waving any requirement of of the entire article provisions here. I'm going to say leave that with
counsel. Um because for me in going with what I know with productions, it really depends on what is being asked and sometimes public input is very important with that. Um it kind of can go either way.
So I would say just council can kind of hear it out and make a final decision. I support that as well. I'm okay with that. Mayor, any comments on that? >> No, I'm good with that. Okay. >> Um >> I mean, how often how I mean, I know we
have appeal on our agenda tonight for something and I'll be quite honest. I don't know how how many um code provisions do we have that can you even allow for an appeal to council? Is that many of them? Is it only a handful
of of our code provisions that allow for an appeal? I'm sorry, we're talking about the waiver, not the appeal. >> The waiver? Yeah. >> Well, we have the one this evening on the the storm water utility uh is is the obvious other example since we're we're
going to be doing one of those this evening. No, there aren't there aren't many. I would have to do a search. Um, but I I off the top of my head, I can't think of of another one. >> I guess same question with the waiver though. I I have I have the same
question for both. Is your answer the same for the waiver process too, Keith? that it's not like we don't have a bunch of um >> what >> covisions or council >> typically when the council makes its legislative
um statement and you have code that that is the code. It's not typical to just um have the ability to wave a code provision because you feel like it. It it and there is language in
here about good cause shown. But typically when the governing body has made a legislative statement that that is that that is it is the law of the land so to speak and there typically aren't those kind of escape valves where
you can just wave it. So that's not a typical thing either. >> So why I guess why are they both on this ordinance and being suggested for film production? Is it is it common in other municipalities that you've seen that and
that's where it came from? >> I've seen it in other code sections. I I wouldn't say it's it's mandatory. Uh as I put in some of the preamble language uh this is based on best practices uh in in uh and there are other examples
uh where similar code you you can find it out there. So yeah. Yeah. This is I I didn't invent it. I I admittedly um borrowed it from another code, but you don't have to keep it in in here at all. Yeah, I guess I'm kind of waffling now
on the waiver and the appeals. Sorry, Vice Mayor. I know you want to take one at a time, but they kind I have like the same questions for both, so I'm kind of lumping them together. Um I guess part of me it feels like it's how many do we have these film requests? I mean, I know
we haven't had this formal process, but how often do we have filming and Quest done? Does it it could it all really be done at the staff level? >> In my six and a half years, I think I've had four four requests for filming and they were very minor. Um, I mean, I if I
was to provide a recommendation for you guys, I would say the waiver process, you could leave that with staff cuz we're going to scrutinize it, make sure the safety residents, you know, is is first and foremost. And then the appeal process, I would leave that with council because I mean we're revoking their
permit and so if they don't like our reasoning for it, they have an appeal process. And then I would leave I would leave the insurance requirement because it is tied to other code. Um and those would be the three recommendations to make it to make it simple.
>> Yeah, I think I align with the manager's recommendations. >> I certainly have no objection to it. Any other comments from council? So >> Keith, can you review exactly what we're going to put in this motion?
>> If the village manager's recommendation is adopted by the council, then this ordinance would be passed on second reading. The two scrier's errors would be corrected. The uh appeal process would be left as written coming back to the council. The insurance any change to
insurance requirements would have to come to council. any waiver provision would be housed with uh administratively in the village manager's office. >> Are we able to accept a motion based on your comments or >> if you understand it? I understand it. I
I can make those edits. I wrote it down just in case we had >> so a so moved uh and it will be sufficient for my purposes as long as everybody on the day understands what the motion is as well. >> Is there a motion? Public >> did you take public comment? >> Public comment too.
>> Public comment. I apologize. >> Public comment having none. Uh any other comments from council? >> No sir. >> Entertain a motion. So move. >> Second.
All those in favor? >> I >> I >> I motion carries 50. >> Thank you for your uh patience on working through that. Okay, we're now into the revised agenda number item number 15,
which is the consider to approval consider approval to allow construction outside of regular construction hours. Cameron, Mr. Wayne Cameron or Billy Official Wall. >> Okay. >> Good evening everyone. Happy New Year.
Haven't seen you guys since last year, so it's been a while. >> My new year is joke. Um uh thanks for um hearing this um add-on item uh last minute. Uh item 15. Uh it's
uh something that popped up during the course of this uh week. in which a roof permit was issued uh to the shopping center 221 US Highway 1. During construction uh during the re- roof process, the uh the uh conditions of the
decking uh is deteriorated to almost a hazardous state. uh parts of that um when they're touching the uh the contractor to touch the roof uh membrane the decking collapsed into uh various
pieces of it into various businesses. Uh that uh triggered another conversation with the business owners who were in contact with us affected by this in which um they're expressed the concern that their business would have to close due to the activity taking place on the
roof overhead. Uh so in in in consultation with the contractor and the business owners uh the suggestion uh was made that if we altered the uh or allowed for overnight
construction um they'll be able to safely work on the roof without people below uh being harmed in any way. Uh so that's the the ask at this point is to deviate from the
construction hours as is in the ordinance. Uh under section 30, my uh authority to grant any emergency uh permits to allow this is limited to 3 days. Uh it's going to be approximately
two weeks for them to do what they have to do given the size of the roof that's over there in front of you. I've you've got the size of the uh uh the project the whole shop whole roof of the shopping center is involved in this. Um the uh there's also a petition by the
business owners to uh myself and council regarding this. So, the ask is to permit them to work uh overnight and they're starting at 9:00 at night,
working straight through till the morning. Um, and this is going to be done uh starting tonight um until the 202nd of January is the ask.
So, um if you have any questions on this. Um, I've got pictures as well if you like to take a look at that. >> My first question is, has there been resident outreach? >> There's been business owner outreach >> about the neighbors behind these
businesses, they're pretty close. >> The the people who are close um in the rear, they haven't asked for anything. Um, I've had uh
a complaint about them starting early. Um, this call, anonymous complaint came in uh I want to say Mon, no, Tuesday. Um, that construction started early. I spoke to the contractor about starting
construction early the following day and they said they yes, they did do that. That's the first time that they did it. And I said, "You can't do it. You have to stay within the construction business hours, which is 7:00 in the morning." They apparently started at 5:30 um in
the morning. >> Yeah, it shows a little concern for me. If um somebody's complaining at 5:30 in the morning, they going to hear them at 3:00 a.m. Um and I guess the question would be because it says that it goes with the
noise safety and lighting regulations. Uh, I'd be concerned that all those residents are going to hear that all through the night. >> Well, the activity um,
again, um, this if I I've agreed to allow this to take place because of the hazard associated with this, it can't touch the roof at all. Okay. So, we've got a couple of dry days in place. A slight drizzle is not what I'm worried about, but you get a double pour in the
roof condition that's there. You're going to have water coming into the businesses. So, because of that situation, um, we we're we're I have to monitor this. It's it's it's a
it's an ongoing thing. I have to see what happens um as as this process is. What I do know at this present time is there is a hazard to have roof decking coming through and injuring the occupants below. And there are eight
businesses that's immediately impacted by the activity that's taking place there in that area. Some of the roofs are some part of the roof is okay. Some uh will have to be redone. New decking crayon whole 90 yards in other areas.
Not touching that part at all. U and then those eight businesses that they're working on right now uh needs some kind of a plan of how to deal with it. Either eight close the businesses
so it can work on the roof um or work when there is nobody below that can get hurt. >> Can you can you clarify if it's a a true hazard? If it's a 24-hour hazard, that's if the guys are on the roof or not. Are
you saying it's only a hazard when they're on the roof working, or is it hazard right now as we're talking? >> It's hazardous because of the decking. The structural integrity of the decking has not diminishes. It's been compromised. It's corroded. It's rust is is dropping into
uh the various places that's there. The um once weight goes on this which the guys are working the loading materials any kind of activity that's taking place will result in additional weight results
with uh the loose membrane coming down. Uh they have to basically clear the decking install new decking before they put any more roofing material in that area. So, it's only a hazard if it rains or people are working
on top. It's not just a hazard sitting still like right now. >> It's it's not a hazard without adding there's two there's twofold to it. >> The roof decking in of itself is compromised. That's a hazard. Just like
that. The hazard gets intensified once you add rain and you add weight to that. So, the roof is hoing. You've got holes literally you can see daylight coming through this thing um in certain areas.
Doesn't mean the whole thing is going to fall apart on somebody's head tomorrow morning. If that was the case, I had to declare the whole thing unsafe and then nobody can be here. So there is a work around the situation, but it has to be done strategically and that's why I'm I have to monitor this activity uh as it's
taking place. >> Thank you. I'm I'm not in favor of of going up here at midnight to go look on the roof, but we'll do what we have. >> So, sorry. >> Okay. >> Are they doing the roof? It's a big
large plaza. Um >> I I was at I was at Hog Snappers like two weeks ago when they were doing it, so I know it's it's very loud for the business. It's actually extremely loud. >> Yeah. >> Um >> are they doing it business by business or >> section of the time? Um, so they're in
section six right now is of my I think the sections are there. >> Yeah, I mean I I I totally they're doing sessions. So the section that we're working on right now, we're they're moving along. So they they did the West Marine side
um already and they're working their way across. So uh West Marine is number 10 as an example. >> What's like seven that's crossed out? What's that? >> Number seven. We can't touch that. That's totally compromised. >> Nobody can go in that. Um
um that's the worst area. Nobody can nobody can go there. Um we're looking at um I'll bring the structural engineer in to take a look at the assessment right now in or >> so we're talking era six at this point. >> So seven they can't go in
>> or on. >> No. >> Um yeah it's tough because I totally get it. It's there's like no way to you're going to somebody's going to feel the pain here one way or another. I just um I I mean look at this aerial. The houses are right there and just knowing
how loud it was. I mean granted it was right above us but there's no way I I shouldn't say that. I would assume these residents behind are going to hear this all night. Um which would only leave one other option
which would be for as they're moving down these sections. unfortunately close the businesses while they're doing those sessions, >> which you know isn't great either. But >> we can we can also limit if you if you're if it makes you more comfortable um the timeline, which is a twoe
timeline that we're asking for here. uh allows them to to to get through section finish up section six and try and tie up what they have in
terms of looking at uh doing the investigative stuff on section 7. So if you're not comfortable for the that twoe period and you want to again my emergency order only allows me 3 days. I just my assumption is and I I
mean I could be wrong is that give it one night and there's going to be so many complaints that we're probably going to be back talking about this. I just I mean it's but I get it. I get the situation you're in and you know they're just trying to get the work done. I I totally get that. But I I
just don't see any world in which these neighbors are okay with this noise from 9:00 p.m. to 7 a.m. Um, so yeah, I think I'm against it until I get more feedback from from neighbors. I
understand the pain for the business, but I also think there's some poor maintenance going on here to get to that level. Um, I'd like to hear more for those from those residents. Um, unless we can publicly hand out your phone number for 3:00 a.m. Uh, you know, I work 24-hour shifts and and sleep is a
is a big thing. >> So, that was going to be one of my comments. Uh, Mr. French, he asked my first question. That was his first question. And my first comment to you would be, is your name and number going to go on a door hanger on the houses behind so that we don't get those calls,
but you would get those calls? >> Um, that's perfectly fine. >> And one is just for me, that's just great customer service. like you have an issue or questions, this is the number and hopefully someone's going to answer. >> That's the that was one of the thoughts that that that I was going to if this
was approved, we were being notified to neighbors. >> I know Mr. Chambers said that we had a project on country club drive where they asked for a similar thing. They wanted to work overnight to try and get it done faster. We had complaints of the work lights were in our windows >> and the sounds. However, that one did
creep down the road. So once they finished one or two nights on this spot, then they were down here. So similar to Mr. Painter's question, do we know logistically how long it takes to do each section and they're different sizes, so I know
that's not a blanket answer. >> It's not only that's not only that's only part of it. The other part of it is they're discovering how bad this situation is as it's taking place. So, it it got to a point wherein I I stopped the job and said, "No, we're not
touching this at all." Um the if council had approved this tonight, um I'd be able to notify the neighbors with door hangers, let them know what the story is, uh before um you know, all virus calls came in because I'm I'm
anticipating that to happen. And I asked that because I mean no one wants a business to shut down, but if it was having each business as their section was being worked on, they closed down for 2 three days. I find that a better compromise than doing an overnight
banging for 2 weeks. Um, my other logistical question for you is instead of just having overnight, do they have a double work crew where they can be working during the day to some degree and be working at night so we can bump this out faster?
>> The the danger was having anybody underneath when this is taking place. So that was really >> So there's nothing else they can do like I wouldn't want them to be working at all with anybody beneath this. As I said, if it's going to if it's the
hazard is is of that level, then I have to declare a building unsafe, I will go ahead and do that. Um, it's it's it's trying to balance this out. If nobody's below, then the safety of the people working on the roof is now my focus and
making sure that they work uh in a safe manner. Um >> if for me if this was a couple days for me this would be a different conversation but the fact that it's such a long timeline >> if >> and knowing construction and how that goes and then when you start getting
into it and you find other things like I I fear this would take longer than the two weeks >> if you want if as I said I if you wanted to give them just a week um that's a week more than what they got right now it will be an ability to do something
and then we can come back and assess it. I mean, that could be a compromise if we did x amount of days overnight, not the full 2 weeks to get them a good start, and then have businesses when they're on the section, that business has to close for x amount of days or I mean, no
solution's great, but I think 2 weeks overnight like that, that's Yeah, that's not going to happen for me. I'd like to see if we can find a compromise so that way residents 2 weeks is a lot. A couple days is already a lot. We went through that when we had a similar project overnight.
>> I I would not be in favor of two weeks, but I am open to compromising some overnights, but not a full 2 weeks. And then that way the businesses are doing their part, too. I mean, residents are being disturbed, >> but the business might have to be disturbed a little bit, too, and maybe
closed for a day or two or whatever. >> That's it. Mayor, >> I guess my first question is, has the property owner done any outreach to the neighbors um the single family homes behind the property? And and why
wouldn't they be a point of contact for complaints? Because you this is their I mean, I guess it's kind of weighing your request, but it's I think someone else already brought it up. it's due to a lack of maintenance that, you know, the building got to a point that it's in
this condition because it hasn't been maintained properly. So, I would like to see the property owner, you know, have some skin in the game with communications to the neighbors and being a point of contact for complaints. Um, have they done that, Wayne?
>> No, the property owners have not. >> So, I I feel like they need to be they should be involved. Um, and then, you know, I do have a issue for that length with the the noise and light pollution. I mean, there's going be no way around it. And I don't know if they're going to
have like forklifts operating to lift up materials at night. So, then you're going to have when they back up, you'll have that, you know, beeping, which you can't disable that from a safety standpoint. Um, so it's going to be real big disturbance for the homes
behind the property, but then it's also a big disturbance for the businesses if they have to close. So, it is a lose-lose situation. Um, I guess I have a question that's more for Keith to answer. Say we were not to approve this tonight. Is there any kind of liability
on Dquesta um should something happen since our billing official has deemed it an emergency from a safety? >> Our code is very clear on when what the hours um for this construction work are and it's
very clear that the only way around that is u u approval by the village council. Otherwise, the building official has the Florida building code and that's that's gives him his guidance and and he's authorized to operate within the
parameters of the Florida building code. As long as we're following our codes and he's following the Florida Building Code, um I'm comfortable in terms of exposure. >> Okay. Um, I guess if Wayne, if this doesn't get
approved, then you will order the businesses to to close down during the day to get it done. >> I'm going to stop um the contractor uh that he won't be able to work with the condition with the safety measures in
place, which is um the safety nets are going to have to start being installed beneath. It's going to have to be a whole a whole change the whole the dynamics have to change altogether. If the business are open and people are below and someone's
working on that roof, there is a hazard. So, I cannot permit work to be done knowing that we have a hazard below. >> So, you think there are ways to mitigate it? I mean, it's going to be a time and a cost to the >> the owner
>> from a contractor standpoint, but are there ways to mitigate it during the day so that >> there there there was expensive ways to do this, more expensive ways to do it. Um they would have to put several
measures in each business uh roof uh to prevent um debris from falling below. Um or business owner will be closed during this construction phase. Um those are options that are
there that can be afforded to them. the continuation of them working uh with people below is where my concern comes in. >> And so, mayor, this is Keith again, and I'm I'm kind of looking at at the building official. You know there is one
other code one other sentence in this code section that talks about the conduct described in this section meaning the hours and days of work may be carried on in cases of urgent
necessity where health or safety is involved. None of those terms are defined. I I'm and I'm certainly not going to tell the building official or the village council that urgent necessity exists or that health safety
issues are involved that I I simply point out that code section and I that may give the building official some additional latitude maybe it doesn't but I I have to you know point that code section out and >> that's kind of where I'm I'm leading
towards because of the hazard that exists. Oh, >> maybe before you finish that, just be careful how much you call it a hazard so the whole place isn't shut down. So, we still have options here. The wheels are turning.
>> Mayor, you still you still have conversation with Wayne? >> No, no, I'm just debating it still so uh vice mayor can provide your comments. >> Okay. Um, I don't know where the um
responsibility lies, but I can't say I can be more disappointed that the council now, no matter what, we're in the crosshairs. And that's a very unfortunate position to be in for something because we are concerned. We are discussing resident quality of life
for people that aren't in the village behind us, right? That's a county procket. Is that correct? >> Yes. >> Yes, it is. >> Although I'm not to say we don't care. I don't care because they're still human beings. They have children. They're that. But the fact that we're finding this out now and I don't I don't know
where that happened. If it's the contractor, is it the building owner that we're just finding this out now? We have to make a decision tonight whether to let what 50 businesses remain in business and probably we should notice 18 to 20 homes cuz it
looks like in this in this uh visual 1 2 3 4 5 6 7 that we can see two or three probably wrap around behind the the uh TD Bank that's right to the south of this. And I think it should be two streets. So we should notify minimum the
20 residents. >> The the property owner has not done anything in terms of notifying anybody. The uh property owner did wasn't even the one that brought this to my attention. U it was the it was the contractor and the business owners are
the only ones that have expressed the level of concern uh in this matter. Um, so quite frankly, uh, I feel the same way. That's just been dropped in our laps. Um, >> I'm not blaming you at all. I'm not That's not >> We're This is just the cards that were
dealt. Um, >> so it's it's just a >> Is the repair work going is the repair work going on north to south, south to north, or they doing everything at one time except >> No, the entire roof is going to be done. We're doing it in they're doing it in phases. And what happened was they the
10 was 10 is okay. So they continue doing work on 10 hog snappers which is at nine section 9 and 10 that decking is okay. So those work continue in that area. So um the roofer has a lot of work
to do. So if he doesn't do area six then he'll he'll he'll do what he can. Um and then like how we've isolated seven is a hazard zone. Do not go there. Um, >> so seven is
that don't they go on the roof? >> They can't go on the roof, but are the businesses still operating beneath that? >> The business is operating below beneath that with the knowledge knowing that we've got a problem above. >> My concern is you mentioned safety nets and I assume those are safety nets on the inside. >> Yes. >> So in the middle of the night, somebody's up there in a roof, they fall
through. One, they have to have safety nets anyway. I don't these this contractor probably wouldn't want to put somebody up there. >> He's going to put harnesses on the guys that's working. So that fall through the harness is anchored to the the roof itself. >> And the business owner is going to walk in in the morning and go, "Holy cow, there's a whole, you know, there's a
piece of plywood over my roof now." But that roof is now in their restaurant, clothing store, gourmet market, school. >> Right now, the business owns to be cleaning Ohio on a daily basis because of the activities taking place, stuff
that the debris is going through. >> So there's there's no work going on during the day. our normal construction hours of 7:00 a.m. to 6 p.m. There's no roofing work going on >> in those areas >> in those areas. >> Right. >> So, do they anticipate working from 7:00
p.m. to 6:00 a.m.? >> So, they'll they'll they'll continue to do what work that they can do between the normal business hours, uh, normal construction hours. Um the the the
ask right now was working with this plan which is really trying to address the issue of nobody being below when anybody's on that roof. That was what we're trying to trying to address that issue right off the bat. Uh because I will not allow them to continue working
or anybody being adding additional weight to the structure as it is currently. the repairs or structural integrity of that roof needs to be put intact before we can do anything below. >> I would think that if proper public
notice was given by the landlord that given that the option for some of these businesses to close instead of showing up one day would they would probably say, "Yeah, we'll agree if you can tell me when my building is going to be done or my section, I will gladly give up." And I know this is rearview mirror stuff
now, but they might say, "No, I'll shut I'll close for 3 days cuz I don't want to have legs dangling through my roof." And so I I just I'm I'm just perplexed that the property owner thought this was an acceptable way to do this. Um I'm I'm not comfortable giving
this 7 to 6 at all. Um I think it should be done in a smaller dose, like was mentioned earlier, like 5 days. Uh I think we need to stop at 11:00. That would be my recommendation. I think we're all over the board on this. Um, but I think it needs to be whatever they can do for 5 days and then I hate to say
reassess, but this is going to take a voter counsel to do that again. And but I I'm not comfortable giving 2 weeks uh especially not for basically 24 hours a day construction. I know that you don't want people in there during the day or underneath it, but some of these rooms may not be as
bad as the others and so there may be work going on during the day. So, there's going to be roof and banging and you know, I I was in the roofing industry for a bit. I know what it takes and they're going to be ripping off and tearing. Uh, this is just a big mess and it's unfortunate that the property owners presented it to us right now. Uh,
but I'm not in favor of doing a 7:00 p.m. to 6:00 a.m. That's my my opinion. So, I'm not happy with that. Um, any other comments from council before we go to public? >> I do have one question. Um because I personally know a business owner in there that started that business and had
to remodel the space fairly recent. When you remodel the space, was there no red flags when that permitting was done? >> Not necessarily. Um they're remodeling below the drop ceiling. So the activities are both. >> I only asked that because as we're
sitting here debating on kind of who do we punish more, people or businesses? and we support both. Um, again, I I know that this property owner charges a lot. So, I don't know where that money is going to upkeep this and
it's it is putting us in a very difficult situation. So, I just wanted to kind of know as there has been some businesses going in and out of their remodeling. So, I was just curious if there was already red flags or not. >> No. Okay. >> Not not to this magnitude. Um, I'm seeing the red flags because we're doing a re-roof right now. >> Okay. No, I get what you're saying. I
want I want to offer a compromise uh from from two standpoints because I am in a predicament right now because of the knowledge that I've got of that >> have to do something with it. I'm going to propose with with council's um permission 2 days 2 days to allow
them to uh do an overnight safety make sure that the decking is secured before anybody goes in below because even though I don't want to add additional weight I also don't want something falling in because it's been sitting
there whatever it is they disturbed it I I don't know what that answer is. Somebody opens up for business tomorrow morning and piece of sheet metal hits somebody. I don't I just don't want that. So I want to know if we have permission um I'm asking permission to allow two
days to get this activity done which is just today and tomorrow tomorrow tomorrow night and and and tonight to get through something which is to safeguard the building and then switch to regular business
hours after they safeguard or spend these next 48 hours addressing the safety measures that's bothering me. public for the proposal on that if you could and we'll go to public comment.
>> Yeah, I mean to and I think um I mean Patrick, sorry, Council Member Painter can attest to this. You know, both of us in the development and construction industry like I find that usually contractors can come up with a solution. So, it sounds
like, you know, this this is new and maybe there hasn't been enough time to think through a daytime solution, but more times than not, I feel like contractors can come up with solutions so they can continue work in unique circumstances. So, I can I think two
days is doable. I don't I I just still don't like the there's no notice basically to the properties behind the um this plaza. But I think too within that time they should be able to come up with a solution so they can continue the
work during normal business hours and not impact the businesses as well. >> I would agree with that. And before we move on to public comment, I would say to Wayne, if we do, if this is the route we go down, please, I want somebody out there tomorrow knocking on these doors
explaining what happened last night and it's going to happen again tonight that it won't go more than 48 hours or another 24 at that point. Um, uh, and it's got to be the two rows of homes. So, at least whatever the I don't know what the street names are. I'm I'm
going to make sure that the contractor hits those immediate homes and also goes down the street. Um, and the second thing I would do if you are so inclined is to make sure that the forklift is not in the back but in the front loading the
material because it is night time. There's no cars that are parked in the front. barricade off the front, then load the material from that side so that any noise is not at that back door, but in the front. >> And I'm no contractor, but I'm sure there's going to be tons of lighting.
Can the lighting go from the back of the building to the front so we're not so we can minimize what's going into the houses at all? I mean, then they're working in shadows at some point, but >> yeah, >> just to minimize the light coming the parking lot coming from the west side of
the building. So that roof is a very it has no fire pits. That's a dangerous roof um to be on. Um so there's going to be a lot of illumination on that for the two working at night. Uh so I'm I think you're going to have spillover from
light. I'm not going to sugarcoat it. Okay. All right. Let's see what the public >> I just have one one suggestion. Not to make this more difficult for anybody, but I would suggest not doing tonight.
>> Take tomorrow, talk to the residents. I mean, my concern is if I live behind there, I'm going to show up at that property in the middle of the night be like, "What the hell is going on?" >> Like, this is crazy. Without assuming no notice was given. I mean, which I don't know, maybe some notice have been given,
but I would be more in favor of pause tonight, tomorrow, do the public outreach. Um, leave either talk to him personally. Um, not saying this needs to be you. This should be the property owner. I 100% agree. Um, and then and only then
maybe Friday and Saturday night do it. I don't know what kind of pickle that puts anybody in, but I I don't know if they're mobilized out there right now. Just waiting for the >> sounds like it. Yeah, >> they're mobilized. >> Yeah. Okay. Yeah, that would be my suggestion. I mean, I I could if I live back there and I I haven't had two young
kids and if it's waking up my kids, I'm coming out there in my underwear and I'm yelling. So, I just don't think that's a good idea. Just my opinion. >> I agree. >> Um, open up for public comment.
>> I don't have any cards >> based on this. We do have people that are going to refine. So, we'll go with Mr. Watkins first. Name and record. Name and address for the record, please. >> Pat Watkins, 167 River Drive. You guys
are really between a rock and a hard place with this. There's no good answer. My concern is just generally safety no matter what they're doing. Even if it's the roofer guy going through the roof on this thing. And what if all of a sudden we have the del huge rain? I mean, I
understood Wayne to say rain was going to be a problem if it was more than a sprinkle. So, there's no winning this is I I don't know how they've programmed this. Is there a way to just It's bad, but have a certain section and those
businesses, even if it's two or three days, can't work till they're done and then move like this. Would that work? Or has anybody even asked the businesses if they would prefer if not there's no good answer here, but if they were closed for
2 to 3 days, could something substantial in the way of making that room roof at all safety sound to work on at all? Maybe they'd rather have two days closed or something if that would help. Um the neighbors are going to scream because not only is it
the baby situation, it's the older ill whatever somebody's on machines or I don't know what you know you can't win that one no matter what you do. I have no answers just questions but concern even for the village that we would have now that we're aware of all this up there and how bad it is. Are we liable
in any way from the building department standpoint if something happens even while they're figuring this out? A lot of criticism I think has to go to the property owner here but too little
too late. >> Sorry. >> Thank you. >> Name and address for the record, please. Here I'll tell you 13 chap court to Questa. Having worked in construction for 28 years building powerp points have probably seen just about anything.
Not all those businesses in that development are open Sundays. Let's have the contractor work Sundays where the businesses are closed work in that area. Have them work from 7 to 11. It just
seems what's going to happen is instead of just a two week period to do the roof, it's going to stretch out cuz you're working less hours and keep it confined from 7 to 11 and let the neighbors to the east of it,
not have to put up with noise all all night long. I mean, the roof isn't going to totally collapse over a few more weeks time. So let's look at that aspect of it. Thanks. >> Thank you. Thank you.
>> Any other public comment? >> Okay, back to the deis. Any comments, additional comments before we try to move forward? >> I'm not in favor of anything over 11 p.m. I'm not in favor for anything without notification first. Um I do see
Wayne's request for 2 days. If that's a safety request, uh, that's one thing, but I think anything over 11 p.m. is just not acceptable for those residents. And as the mayor said earlier, I think if everyone gets their heads together, we probably figure out a solution. Um,
to to start tonight, I think that's too rushed for something that's been ongoing and we could plan better. So, for some flexibility, I would be open till 11:00 p.m. I don't like any of it, to be honest with you, and I feel bad for the businesses. I love that plaza. That plaza is phenomenal. Um, but I don't
think this is on us at this point. So, if there was some compromise for 11 pm, I'd support it. Other than that, I'm not in support. >> Yeah, I agree. I mean, the biggest thing to me is not doing a thing until uh the residents behind have notice. I just
don't think tonight's the night to get started on this. Um, so I think that has to happen. There's never going to be a good good night to do an overnight. Um, though I think going till 11:00 is probably the better solution and that
was a good suggestion. Sunday they're not open. Mo some of them I assume actually probably several of them are but um yeah, I don't there's no way they should start tonight. That's all I know. Right.
>> Well, maybe if we do the 11:00, I mean, maybe some of those businesses could just close like a couple hours early. So, they're not close all day, but could close a little early, which would give that contractor some more time. >> Yeah. >> So, I'm going to retract my compromised
thought of even going overnight for two nights, three nights, and go with the 11:00 p.m. extension. So that way when we're taking residents quality of life for 24 hours essentially
weekends I'd be open to if they need to be working on the weekends um not overnight just during the day cuz we do have the Sunday rule and there's even a Saturday earlier cap off I'd be open to opening on the weekends and unfortunately just hearing more information tonight that has come to light that
this might really be on the property owner. Um, so unfortunately I fully support those businesses and I know some of them personally just this is not a good situation that they are entrusting in that shopping center owner. So this kind of does fall on he or her. Um, so I
am going to go with you guys on the 11:00 extension. However, not tonight and that's my fault. When you said tonight, I was thinking our decision tonight, not they're out there waiting to go cuz they think we're just a sure thing. Um, but we have a lot to consider. I absolutely agree. we have to
talk to people out there. We can't just show up and that does not that's not how sequestered roles. Um we don't do that to people in general whether there are taxpayers or not. Um so I agree with waiting at least 24 hours to start notifying ASAP and word it. However,
just be honest with them. It's an emergency or we need to evaluate when there's no customers in there. Just be very honest. 11:00 p.m. for me. weekends. I'm okay with lots of notice to the residents ASAP. That's what I said.
>> Uh, mayor, >> can we clarify the 11 o'clock? Is that just for the two days or is that for um the two weeks? >> I would not do two weeks at 11 p.m. >> It's hard for me to put a day on there, mayor, because I'm not looking at the
severity of it. I'm not looking at what it's going to entail to make the safety contraption, then start working on it. I truly don't know how long it would take them to even evaluate that. >> The 11:00 we're suggesting is just for
the two the two days. >> I don't know. >> For now, at least. Yeah. >> I was saying for the duration or we can put a date on it. Um the 11 p.m. was my suggestion. >> With no. >> With notice. Mayor,
can >> can you repeat that, Council Member French? It's I can hear it's hard to hear clearly on the Zoom and I have my volume all the way up as well. >> My recommendation was to uh if we're going to do any at all extension, make
it 11 p.m. and then put a date on it. So if they're requesting the January 22nd, we notify residents and then they can begin the 11 p.m. >> And Wayne, do you think that would be beneficial? They could they could work
on those um areas of concern after the businesses and I I can't I don't I I'm like the rest of council. I'm in that plaza every day surely. So, um, but I don't know this exact spot, like those businesses if they close at 5:00 or if
they were open to 7:00, but I don't know if maybe you could work with them for this time frame if they, you know, maybe could close like an hour early or something and that that would be beneficial for the contractor to work till 11:00 and then they can focus on the um critical spots during those that
chunk of time when the businesses are closed till 11. I mean, is that going to be Wayne? Is that going to help your situation? Is that going to be beneficial? >> Uh the the the the dilemma comes right back to
I I also don't know how long it's going to take to repair once they've opened up a specific area to make it safe again. Um the the again it's the property owner uh's
responsibility to maintain their building. Um and then this has got dropped in our laps. Um and then we're we're trying to assist as many people as possible, especially um our business owners um who who you know would have to
close businesses um when when stuff starts, you know, coming. But you think if we give you the two full nights that that is enough time for them to assess the critical spots and shore them up and come up with a solution. So then you
>> I think I think working continuous is is the best shot. However, um I I think we can we can we can swing these. The fact that we're able to work on Sunday would be helpful um because we'll we'll give them notice.
they won't be able to work extended hours till Friday. uh I wasn't in favor too much because I know the businesses have a lot of you know one was a restaurant uh an ice cream parlor so over the weekend they they have families this this bulk of
their business and revenue comes in um so I wasn't in favor of too much working on weekends because of that factor um but this is the best we can do we'll we'll it's better to give them something um an extended hours is helpful it's better than what they have right now uh
so I will I will um not necessarily you know if you want let's just see what this looks like um um you know instead of the whole two weeks if you want to do this for one week um but it's back to just the seven days and
so be it and then we see where we go if and again I monitor the situation I will shut it down the job if I see something going south uh but >> yeah I just think there needs to be a lot of communication with the property
owner amongst not just the neighbors but the tenants just everybody needs to come together. There's going to be some sacrifices by everybody here. Um whether that's closing a few hours early or closing for a whole day which is awful. Um particularly on the weekends. That's
a good point. Um but to me the the biggest thing is that communication. It just has to happen. And it may very well be that it just has to be two nights of 24 hour or overnight shift, >> but that it just needs to be
communicated before for it takes place. >> I I just I assume they're going to be using power tools, not hand tools. >> Yeah. >> You can hear the train just now. >> Yeah. So, if it if they need two overnights, which is not ideal,
>> then so be it. But it just needs to be communicated. It's It's one of those things once they've mobilized and they have crews out there, they just need to keep going as long as they can. >> Yeah. Know, I get >> the 11:00 may not even help to be honest cuz >> 5 hours from
>> Well, I think from a like I I'm thinking to me as a resident behind that plaza, like I think I rather deal with two overnights than have like work till 11:00 p.m. for two week one or two weeks because I mean some pe like my whole household's in bed before 10:00, right?
So, like I'd be, you know, every night I know I'd be, you know, kept up at least until 11:00. I know some people stay up past that, but I just think from a like as a resident in my opinion, like I rather just get it over with for two days and like drag it out for a week or two weeks with late work hours.
>> Yeah. And I I know it's not there's probably only a handful of attendants in there that are but like Pog Snappers, they're open till what, at least 9:00, right? 10? I have no idea. I'm in bed by 9. But like in that spot, two hours is not going to they're not going to
scratch the surface there. So I agree. I think if I'm one of those neighbors, get it over with two two nights, get it safe to a point where they can go back to daytime hours. But I guess we have to assess that if two overnight shifts is even going to do that, you know. So
>> what are our what are our hours on Saturday? Our our Saturday hours are from um 8 to to um 6. >> 8 to 6. >> No, 8 to 5. 8 to 5 on Saturdays. Weekdays are from 7 to 6 and no work on
Sunday. >> Okay. 8 to 5. >> Um >> yeah, I think I mean my recommendation so they can hopefully get those critical areas assessed and shor up uh as swiftly
as possible. I I mean it's it stinks and you know uh Mrs. Watkins said the same thing like we're between a rock and a hard place but I think like give them the two days um so it doesn't drag out with the late hours for the residents
behind there and um after those two days like said they have to come up with another solution so they can continue working during the day. >> Correct. Yeah. Would I >> at night or after hours? >> Yeah. Um, any more comments, mayor?
>> No. >> Okay. Um, I would be in favor of noticing tomorrow. Um, so if they there's no work tomorrow, we could notice tomorrow morning if everybody's noticed. Um, I'll go two weeks. I'm comfortable going two weeks till 11:00
p.m. Uh, with with two days in advance, but I don't know. 2 days at 24. Is that over Saturday and Sunday? because I want everybody notice first and noticing them in the morning after they're gone to work doesn't do any good. I would like to notice tomorrow and then I don't know if you want to start on and then allow
Saturday give them extended extended hours on Saturday instead of 8 to 5 let them go 8 to 6 Sundays 9 to 5. Okay. And then the weekdays till 11:00 p.m. 2 weeks. So, basically 7 am to 11 p.m. is what I
would be in favor of for two weeks. >> I don't know if anybody wants to craft a a motion out of that. >> Yeah. It's just it's just so hard because we don't know what is sufficient. Like if if if you told if somebody I'm not asking to do it, but if they could stand stand up and say, "Hey,
you give us two overnight shifts and we can have this thing short up and safe." >> I would be in favor of that. But we don't have that information. >> Um And that's where I'm stuck too cuz we just got this today and now I'm hearing again getting more information right now that business owners might not even
really know what's going on. Property owners around it might not know what's going on. Yeah. I'd almost what if we just start if it is it possible if we started with a decision to some degree tonight and it's going atrociously Wayne can come
back or make a decision to tweak it or does it have to be like solidified by whatever we say tonight? >> Well, whatever you say whatever action the council takes tonight will be in place until >> substitute action might be taken in the
future. whenever that >> keep in mind though I mean their schedule we don't meet again till February so like call a special meeting for this that's why I think we need to just kind of rip the band-aid and make a decision now
>> I guess I'd like to know how much they can get done in 24 hours >> my my opinion um or my suggestion would be we notice the occupants the neighboring properties um tomorrow. They don't do any work
today. They um I'll call them in a few minutes pack and go home. Nothing's happening. And then um they'll provide notice. They'll come back tomorrow night, work 24 hours. So, we work all the way
through Friday night and Saturday night. And if they can carry this through Sunday and arrive by Sunday afternoon at 5:00 p.m. And whether that should be enough time to safeguard the building.
>> If that's the case, I I mean, I'm just thinking if it were me behind there, I would prefer that rather than 2 weeks of 11 p.m. >> Yep. I agree. >> And then we're done. And then let them come back and tell me what other safety plans that they can do for future. When you say 24 hours, you mean two overnight shifts? >> Two overnight shifts.
>> Not work during the day, Saturday or Sunday or >> Yeah, they're not they're not working Saturday the daytime. They'll come in the night. So, overnight shift on on Friday night, overnight shift on Saturday night, >> work through to Sunday at 5:00 >> and then that's it.
>> That's that's that would be a suggestion. >> I mean, not knowing the desires of the tenants um what they would prefer I >> provide provide tomorrow. >> Yeah. I like that better personally than two weeks until 11 p.m. I mean, that's just
me, but >> No, I don't like two weeks. I like what you just said. >> Yeah. >> Hey, Keith, since I'm not presiding over the meeting, can I make a motion or am I still not allowed to as mayor? >> No, the chair uh of the meeting tonight
is uh Mr. Sartorii. So, he would not be able to make a motion, but uh >> So, I can I can make a motion. I make a motion that >> with Rain's recommendation. >> I will second that. >> So, let's be clear. Rain, can you repeat
for the record your recommendation? So, we will >> Sure. >> So, for the record is the neighboring properties need to be noticed tomorrow. Um, no work will commence outside of construction hours
um until tomorrow night. Uh, and they'll be working through Friday. Tomorrow's Friday. Work through Friday night. And they'll be working Saturday night. >> And those overnight shifts would be, as
stated here, 9:00 p.m. to 7:00 a.m. >> Yes. >> And then Sunday 9 to 5. >> Then till 5:00 p.m. on Sunday. >> Till 5:00 p.m. They will not be working Sunday night. Correct. >> Sunday won't allow them to work on Sunday. >> We'll allow them to work on this Sunday. >> Sunday.
>> Yeah. So, this order would will terminate on Sunday. Was it on the 11th? On Sunday the 11th? >> I I would second that. >> Mayor, are you okay with that? >> Yeah, I made the motion. I'm good. >> I didn't I just wanted to clarify Sunday
till 5. >> Yep. I was clear on his on Wayne's. Yeah, >> we have a motion and a second. All those in favor? >> I I >> I No. A motion carries four to one. >> Good luck, Wayne.
Anyway, >> okay. Um, again, remembered agenda item number 16, consider Quest Trace Condominium Association storm water fee credit appeal. And I thought this was going to be the challenge.
council with with council's permission if I can um kind of give some background um very high level background before we turn it over to the utility director. Uh as you all know the village has a storm water utility and that storm water
utility assesses annual fees to all properties in the village um based on their use or contribution to um the storm water utility system. and then benefit that they derive.
Um this has been going on for many years. Um our code among other things um has a mechanism where a property owner um
who is assessed a storm water fee can ask for relief from that fee from the utility director. And there's a process and at the administrative level where the property owner and the utility director will will talk through it. The
utility director is authorized under the code to make a decision to grant some relief to the property owner or not. And um
if the property owner is satisfied with the decision that the utility director makes then you know life goes on and and and we and we carry on. However, the code also uh provides a mechanism for the property owner to appeal a a
decision of the utility director that denies the relief that they've requested. Um when that happens, um the village council sits as the storm
water management utility board to hear that appeal. That is what we are here to do this evening. that this um I don't I don't think I've as long as I've been sitting on the DAS, we've never had to convene as the Storm Water
Management Utility Board, nobody's ever challenged a a uh imposition of a fee. However, uh we have that this evening. Um the this is basically going to be like a quasi judicial proceeding because the
way the code is set up you are sitting as the board uh hearing this appeal. You're going to hear um evidence and the a record will be created uh both from village staff and from the appellant.
And the code contains um six review criteria that you are required to apply to the evidence that's placed into the record and make a decision to either uphold the decision that the utility director made or overturn that decision
or modify that decision. Um, when we we we get to again I want to at this point keep this very high level and then have you hear from the utility director on exactly the the the background of the case that's before
you. Then uh you'll hear from the applicant or the appellant. They will make their presentation to you on why they believe that the um storm water utility fee that's been assessed is inappropriate and and uh what relief they're seeking. And the village will
will present its case and the utility director will tell you why the decision she made was made and and the facts to support that. And once you've heard everything from everybody, it'll then be uh your job to apply those six criteria,
and I'll go over them at the appropriate time so they're fresh in your mind. Um, and make a decision. The decision will be uh by code reduced to a written order um that specifies your uh your decision
making. you know, if you're upholding it, uh the utility director's decision why. If if you're overturning it, why? And that that'll be uh ultimately uh a signed order similar to when you hear a variance or a special exception. So, uh
that is um this agenda item. That's why we're here. there. Uh we will also at the appropriate time I think after you've heard from the uh appellant and from the village staff
take public comment and and again it's it you know this is not a especially with public comment not a Q&A it's give you know your three minutes. Thank you for your comment. Next person now the the appellent is not is not limited to a a threeminut presentation. and they're
entitled to as much time as they need to make their presentation, just as village staff's entitled to as much time as uh they need to make their presentation. Um once you've heard everything, you're certainly entitled to ask your questions of the uh the appellant or a village
staff. And um so that that is uh a highle explanation of why we're here and generally what the process is. Unless you have any questions of me on that level of procedure, I I would suggest turning it over to the utility director
to give you the background on the actual case. And once she's done that, then uh we will turn it over to the appellant to make their make their presentation to you on why they believe uh the appeal their appeal should be granted. >> Are there any questions on the pro any
procedural questions from council? No questions. Mayor >> No. >> Okay. Allison, you >> we don't have to >> I'll swear everybody in um but I I actually I guess this will be part of your presentation. So, I guess I can now
would be the appropriate time. Uh, as I indicated, uh, if you're going to be offering testimony to the village council sitting as the storm water management utility board, that testimony needs to be under oath. So, I don't need to swear you in. I can swear everybody
in at the same time. So, if you'll all please, whoever is going to be testifying, please stand, raise your right hand, and I'll swear you all in together. Do each of you swear or affirm under penalties of perjury that your testimony to the village council sitting against the Storm Water Management Utility Board
will be the truth, the whole truth, and nothing but the truth. >> I do. Thank you very much. Um we can proceed. >> Thank you. So just giving um a little bit of background on um this situation. Um for the purpose of this discussion, I
will refer to Toquesta Trace Condominius Condominium Association as TTCA or to Questa Trace. Um, a little bit of background on Twa Trace. It's comprised of 16 residential buildings with 134 units. It was developed in multiple phases beginning in 2001 to about 2002.
Um, and then diving into the situation we're in now, on August 12th, 2025, the village council adopted resolution number 1325, which established our fees for fiscal year 2026 for storm water. Um, Mr. Tommes did provide some comments
at that meeting and following the procedures, he did reach out to the utilities director at the time. Um, in response to uh his his request to the utilities director, village staff did conduct a site visit and engineering
review to verify the drainage conditions and they did confirm there is no direct pipe connection between TTCA's internal storm water system and the village's storm water system. A village owned storm water grate is located immediately outside the TTCA entrance which receives runoff from the public roadway and the
private entrance drive area to TTCA. In the event of an extreme rainfall event or a structure failure of the TTCA system, storm water could overflow from the property into the adjacent village owned storm water infrastructure. On November 12th, 2025, village staff met with Mr. Tommes to discuss staff
findings and propose resolution. on November 23rd or sorry, November 13, 2025, the village issued a written determination, which is attachment three in your agenda package for this agenda item. and it offered a 50% storm water utility fee credit for each of TTCA's units and a retroactive application of
the credit for the most recent tax bill and ongoing elig eligibility for the credit conditioned upon submitting an annual signed and sealed inspection report by a licensed professional engineer confirming the structural integrity of the storm water system and the continued ability to retain and treat at least the first 1 in of runoff
from the post-development 100-year 24-hour storm event. Um TTCA confirmed receipt of the written determination and communicated their intent to appeal the stormwater management to the stormwater management utility board. Um and just for reference, the villages stormwater utility is governed by chapter 74
utilities article 4 division 2 stormwater utility including but not limited to section 74201 which declares the elements of the storm water management system provide benefits and services to all property within the village including property not directly served by system elements. Section 74206
which authorizes the imposition of stormwater utility fees on all property within the village. Section 74207 which establishes property classifications for purposes of stormwater assessments. And section 74209 which allows property owners to request an adjustment of credit to storm water fees where
application of the standard rate would be inequitable and provides an appeal process to the village council for final determination which is why we are here tonight. Okay. Um, if uh you're you're >> that's the the background and then Mr. >> Thompson. Sure. I think we're at the
point unless the council has any questions about the sort of the how we got here presentation. It would be appropriate to allow the appellent the applicant to make their presentation to the storm water management utility.
>> No questions. Thank you Alison. Mayor, any other any questions before the comment goes? >> No. >> Okay. Thank you, Mr. Jones. Here again, Mike Jones, director of Equesta Trace Condominium
Association, living at 110D, Lighthouse Circle. Uh, my background is I'm and I are there any engineers on the board? That's simple question. And I'm a prof I was a professional engineer now retired
and also a land surveyor worked in multiple states licenses in over 10 states. And I worked for utility companies, Chester Water Authority, Philadelphia Electric, the Long Island Lighting, practically all the telecommunications
and CATV companies and the fiber optic counties and some manufacturers and such. Um the initial contact that I made to the bo to well it was to the council
you're at the board um was that there was an air made and I did this first by a phone call not a phone call an email uh to the department advising them that there's an error
um and I was basing that on communications that were sent out, two letters stating, "This is what your fees are going to be for 2025 and 2026." Sorry about that.
The initial contact having been made, uh, TS TTCA was included in the VA's D VO's uh, annual storm water non adorum assessment
role as an ERU units. Uh, that it didn't actually fit into that program. Uh, one of the conversations I had uh,
with Jeremy, uh, he was referring to us as a home unit owner. We are a condominium. There's a slight difference. Condominium owners own the property from
the unit itself out to the paint on the wall. And they have access to sidewalks inside. has a common access to the sidewalks and driveways. So, there's a slight difference there. Uh she's already given you the code
reference. Uh and my objection is in that code section 74- uh 2011 underneath findings. uh while TC while TTCA is within the corporate
village limits it receives neither benefits to or is provided service for its property and this whole thing is property in the conversations that I
passed they were trying they being uh the past director uh Jeremy And even occasionally uh she mentioned it as the individuals receive benefits
and we've received welfare but we don't receive any benefits. It's the property. I make that statement because TTCA's property holds, operates, and maintains its storm water drainage system.
It's ours is completely closed. It took months for them to finally confirm back to me but I had given them in drawings and statements that there is no hydraulic connection. Uh
PTCA does not drain into VT system and I'll show that a little bit later. No uh VOT services have been rendered to the TTCA system at all.
going to and that was uh underneath one underneath uh 7402 74-201 two subject to operating costs based on the extent practical allocated to the
relationship of the benefits enjoyed zero the services received zero bottom line if no benefits or services were received, no cost can be allocated.
Under section 74202, the EUR unit, I had already referenced that TTCA is a condo minium association, not a homeowners association. utility owners
own from the paint into the unit and they're responsible for the doors and for the windows and they have to maintain those um sidewalks and driveways. Impervious uh one of these subject areas that came up
uh and Jeremy brought this up many times is uh impervious areas was you know what is it? Well, this information was submitted to village of Tquesta uh back in 725201
by uh South Florida Water Management District and by TTCA many times. So, the question always has been where are your records? underneath section 7420211
uh capital contributions B and number two clearly states the fee inl process does not apply where storm water facilities are privately held.
That's your own wording. We own our own system. Why so long of a time to get to the point where we're at today? I have no idea. It would have been quicker. I haven't been working the utilities to
find a drawing of your system, pull it out. 20 minutes. It took months. Uh the air required spitting request. Uh at the board meeting at uh 8:12
2002 I offered the air I was told no you have to go and submit a fee adjustment request. uh TC A sends the fee adjustment request on 816,
2025 and noting that TTCA's system is privately held. Uh underneath section 74209A7, it states that it's the director's responsibility when an heir is provided
to them that they have to forward that problem and get it resolved and yet it's all been dumped on us. Um, due date for notifying the habish county
for the tax error process was 9:15 2005. Oh, I finally got noticed 4 days later. Oh, you're you're not connected to our system. Sorry. So, they didn't even want to address my
personal opinion. Maybe they never wanted to address the tax problem they might have had with the county. PTCA informed that Tom Jensen PE from
Kimley and Horn uh was on the case and he finally came back on 911 and said uh that you were correct. There is no connection. Um finally there
was the meeting as referenced before on 1112 and the proposal was offered off offered. There were inconsistencies noted. I took a hand making notes at the meeting. The
meeting lasted less than 20 minutes. Uh there was discussion about 50% and an engineering letter. I got home and within two hours the information along with the handout that Jeremy handed me was sent out to all the
board members. The next morning, might be off on this at uh 12:54 a.m. got an email with written proposal. It was resent I think around 7:45
that morning. there. They said that instead of just a letter from a PE being stamped and sealed that our system works, that you're now requiring a 100year 24-hour 1 in storm requirement.
Where did that come from? I say that because I couldn't find it in your codes, but I found in your codes the minimum requirement was for a 1 in 25 year 24-hour
rain event. During this time I was always talking to up to the meeting time I was always talking to the director uh typically in uh email communications.
Um and then at the meeting I was introduced to the then deputy director and congratulations for becoming director. Uh the deputy director works directly for
the village manager. That's in your own layout of the responsibilities. It's in your own system. Things start clicking in my head. They're looking at possibly losing a tax
base in your program. I had questions. Uh I asked I'm 11:24. Uh if I could submit questions, yes, send me your questions. So I sent any
yes or nos. It would have directed if it was answered possibly showing some problems. Uh uh 111. And then the answer back was no, we're not going to answer your yes or no
questions. This is going to take us too much time to research. Scratch my head on that one. Uh, essentially the proposal is a determination and I was told on uh 122
from Jeremy, it's no longer a proposal. It's a determination. And at this time there's no director. It's Jeremy and the deputy director. Uh and by the way, you have 10 days to
apply for the uh appeal and also send along a transcript with me. Wow. 10 days. I apologize for my response. I worked my head off to put it all together. I did not have time to go
back, re-edit and condense. It was 10 pages plus one page of it says all the attachments there too. As I said once before, I went through all your codes. I could not find any
reference to the 100 day 100year 24-hour rain event. We made uh we received our uh CO for this part of the development uh
9202. Prior to that, you had already received South uh Florida Water Management District's report. Copy was sent to your engineer. Uh, your code
was written in 913 2013. You're now asking us who have already had the system designed and approved and you approved to change our design, meet these new requirements.
We're grandfathered in. You also have an vulnerability assessment and adoption plan written in October 2024. Um, and it shows
the whole county and I sort of blew it up a little bit. Uh, over here is the Quester Oaks and we're right here and I sort of agree with this. This is actually your uh
event of a 500year storm event under uh inter many low 2070 conditions. What it shows is streets are with about
2 in of rain. The dark areas are where our uh drying cage has been filled up. It's missing the one which is by our wall on the west side.
Um but it also shows that our buildings are flooded. Uh that's impossible which I will show you. And I'll also show you why we do not drain into the village of Tquesta's
system. And I apologize if it seems a little crude, but I I put together this whole thing rather quickly today. And this is a measuring stick. There's two
types, but essentially yellow, orange, yellow. Those are a foot. I've located on here the drainage by our place. We have one that is just past on the west side and one that's on the east
side, just past our property line. >> Excuse me, Mr. Thomas. I apologize for interrupting you. Since now that we've seen that, would you mind getting back or pull the microphone towards you just so we can get it on record? All right. what I was trying to explain.
Thank you, sir. >> High pay. Uh uh what I've indicated on there is the green spots are where the heights are of the drainage systems that are outside. And it's based on uh
starting at 13 ft. 13 14 uh 15 all the way up. And just for you to get a feeling where you're at, that blue c that pink circle around there, that's the floor height of where we are right now.
I've also indicated on the gray areas. This is where our parking is at throughout this. the height of the parking driveways. We have our own streets. We maintain our own streets. We rem obtain well, we maintain our own
system, of course. And then the black area is where all the first floor footings uh foot first floor concrete floor is for all of our buildings. We have 16 of those buildings. And we're essentially on top
of that so that we have our buildings essentially sitting on top. Now,
one of the better things is where does the water drain if it all overflows? You have to go and there's two spots in our communication that it will overflow.
It overflows on the north side of our It's almost a rectangle of property of 7.454 acres. And look here just for a second.
And we sit >> just try that again. You drain at that point. Uh we have The pavement is at 16.6 end of the street.
You have to come up about 8 8.4 8.4 4 uh inches I mean feet no inches uh to get over the burm which is at 7.3 ft
and then the water >> goes off of that down. Now where does it go down? We're on the north side. So the water, if it happens,
flows directly down to, you guessed it, old Dixie Highway. We have two outlets down there. We have uh, as I said, they're not located right at these depths.
It doesn't drain into any of the local village at Questa drawings. Uh the uh drawing that I showed you before is
showing the uh from your report showing the drainage. As I said before, I don't agree with our buildings. They'll never get wet. We're above the uh drainage point. We now shown that the water
drains to Old Pixie, which is the Florida Department of Transportation problem, not yours. That flows to Watsahi. And yes, you do have flooding in the street in two locations.
one outside of our door and one sort of across the street from uh the nasal node. So with the question as where did you come
up with the 100year 20 24-hour rain requirement for 1 in that's a requirement that we now have to uh fill and where we have already authorized in
our drawing show and the information I provided indicated that we do and still do meet what we said the system would do. And what Florida South Florida South Florida Water Management District
provided in the report was a 24-hour 3day rain and we require we still meet that requirement.
So the question boils down to no we do not meet Mr. Toms we employ. >> Thank you. >> No we do not meet uh your requirements as an ER nor do we train into your
system of which they were trying to get us to agree to essentially. Uh, I apologize, but I think I summarized a lot better than the 11 page write up in the attachments that I
gave you earlier. Do you have any questions? >> We'll go to council comments if there's questions and we'll be back. >> Don't know the process. >> No, great. >> Thank you very much, sir. >> Thank you, sir. Is it appropriate to go to council?
>> Yes. Okay, council. I have a few questions. U Thank you for everyone for the time you put into this. Uh props included. Very well done. I appreciate the information. Uh where are we at? I thought there was
a partial exemption already granted. Am I misinformed? >> We didn't accept anything. >> Was that offered to you? It was a proposal between us and I said I'd take it back to the board which I took it back to the
board. I came back with questions and you got to remember we're dealing with Thanksgiving and we're dealing with Christmas and I went on cruise and I had holiday trips involved
and so I was doing all this in between and the uh when I came back and said I wanted these questions answered he said no and then he says well this has become a determination yet as a determination of which there was no director giving us that
information. >> I understand. But was there a partial exemption in that determination or proposal? >> What do you mean exemption of what? >> It was uh half the storm water fees credit to the TTCA.
>> No, it's to each unit owner. >> Does that equal half the total fees for the year? it doesn't come close to what it would have cost us to come up and have an engineering report done for this 100-year requirement. >> So, I think a little bit where I'm
infused at is where we are on the cost and and I'll tell you my initial approach and I appreciate all the time into it is that I would support a partial exemption from what you guys have done that you don't normally use the system. However, during emergency responses, sidewalks, roads,
parks, everything, we need to share that as a community. So, I'd be against a full exemption of the storm water fees. And so, I'm trying to get at is I believe that there was a discussion somewhere along the lines that there was a partial credit for having your own system.
>> No. Okay. And what is the total fees for TTCA for the year? >> Last year it was 97.54 I believe. Uh this year you can go up to 291 something. And I'm sorry I can't do the math that quick for for the entire
>> three times the amount you could go up to. >> Okay. And then is there a recommendation on how often the private system should be inspected by an engineer? >> We do it all the time. I happen to be an engineer. I have other engineers available to us. There was no
requirement for you to receive a report. >> I guess my question is have you been told by any experts when that should be inspected? Is it 5 years, 10 years, one year? I've been doing it yearly and I also do it after any major rainstorm. >> Uh I guess is it certified is what I
mean. >> Never been requested to have it certified. >> Understood. >> It's not in our documents, our declaration. uh insert was given to us by uh Florida, South Florida Water Management District
and those were imported yearly into our uh declaration and those are what we follow which includes what I said we look at yearly. We maintain our system. We've cleaned our system twice. Last year cost us just under uh $20,000.
We did upgrades as they're needed because we changed the roof and we put in uh u gutters and we went from six to 7 in. We had to put in uh drained cor corrugated piping from the down spout to
the bottom of the pit so that we wouldn't have erosion in that area. We just finished that. I think that was what $6,000 $7,000. uh we maintain all the time. >> Understand and we appreciate that. Um
my final question and are you're you're asking for 100% exemption of storm water fees from the >> per your own code. >> Understood. Okay. And then do you know the cost of having a certified independent
inspection of your private facility? Not entirely because what are you asking me to inspect? The request was written for a 100red year which means I have to redo everything. That means going out surveying every point getting all the
information back verifying and new drawings put together and you're looking at easily 20 30 40,000. >> Okay. So I'll need some clarification on where we stand with that. made it from the um public utilities director. Uh but
where I stand right now is a partial exemption, not a full exemption of your storm water fees, just as we're a shared system. >> You you keep on bringing up shared system. Where's the shared system? >> Yes, sir. So, the road >> we have a problem. We have a problem in
that you've taken over the streets at Tquesta Oaks. Correct. >> I'm sorry. I'm not familiar with what you're speaking of. The association next to us, Tosa Oaks, has its own system like ours. We have four dry retaining juries. They had
three. They've never cleaned their system. When we had a storm that well left three inches of rain in mills, but that was back a few years. It's in my report. Uh
because they hadn't cleaned the system, the water pressure blew all of the oak tree leaves up and blew the grid in one of the holding areas 5 10 ft away.
So that system sits right behind all those dry three dry areas sits right behind our wall where we have three buildings. So, I'm always concerned about that system. Now, you took over the streets.
Did you take over the drainage system, too? Okay. Excuse me, Mr. M Mr. Toms and council member uh for all of council uh go to legal counsel. Would it be appropriate to have utilities director come back up to address some of these anticipated questions that are coming up? You're still going to need to have
her full presentation um as well. So then I don't know if you what she has to say may answer some of the questions that are in your mind. Um certainly you know if if you want to ask questions of the appellent certainly may
however you do still need to hear full presentation from uh village staff. >> Okay. So we can continue with this if there's going to be questions that might go back and forth. Perhaps we throw that out there. Maybe your utility director can write that down and address that when she comes back up. Okay. Sure.
>> Thank you, Council Member French. >> Uh, mine are pretty simple. There'll be yes or no answers. >> Oh. >> So, that way we could just keep it super clear and simple. Um, >> do you guys now as a community have a
consistent plan on when you clean out your system or do you just clean it when you feel like it needs to be cleaned? >> I'm sorry, that's not We don't >> Yes. Do you have a consistent timeline when you have a written plan. >> Okay. >> Okay.
>> Okay. Second question. When you guys do these costly maintenance or cleanouts, is it already in your budget from your so-called HOA fees? Okay.
And last question. In the past five years, has there ever been, even from hurricane standpoint, an amount of water that you visually see drains out to Old Dixie? >> No. >> Okay, that's it for now.
>> We didn't have drain out on the heavy 3-in rain either. >> Um, I mean, is this a question opportunity or can I just make comments? I just should I wait until we get the full >> At your discretion.
>> Okay. Yeah. I mean, I I really appreciate all this is be honest, a lot of it's over my head. I don't understand anything about hydraology and all, what if that's even a correct term. Um, I guess what it comes down to for me is two two things that are this is in the
staff report is I'll start with one. It is a shared system like council member French said. You have to access your neighborhood somehow, right? You're not you're not an island. So, >> we are an island. >> Well, there's roads that lead
>> on on the storm water system, we are an island. Everything else, >> we're in electrical communication. >> But the road, >> but if the roads outside your community were to flood, >> that would be probably dry.
>> But your 500 >> ingress indicated ingress egress. ingress egress to your community that'd be a problem, right? >> No. >> If the roads outside of your community flooded? >> No. If the roads outside of our
community flooded, all right, there would be a flood that would affect us. We are not affected. We could be affected uh on our topographical area by a hurricane. >> We have those
>> earthquakes. haven't seen much of. >> No. >> Right. >> Yeah. >> But then there is the mega tissue that could come from that island out there in the Atlantic when part of the land flips down, but then it would wipe out everything anyway.
>> Yeah. I guess what I'm getting at is we are a village and it's a shared system that we all enjoy. I understand you guys, whoever developed this community, put a lot of work and thought into how this was all going to work. It's the property, but remember it is the
property, not individual. That's what I started off. Yeah. Your your code is written for the property, not individuals. >> Understood. Um, >> so to that, let me finish that one point and the second one I'll get to just I guess a little more objective based on
some of the investigations that our staff did, but that the storm water system provides area and indirect benefits to all. I know you're going to say, but to all properties, including TTCA, right? Flood
protection, groundwater regulation, emergency overflow capacity, and protection of adjacent public rights away. Um, that I guess would be my first just kind of point. Again, knowing nothing other than what I've heard from you and what I've read, I'm just that's all I can base any of this off of. The
second point would be that our staff did a very extensive study on 138 storm water utilities across the state of Florida. 72 utilities do not offer storm water rate reductions or credits. Period.
Zero. Among utilities that do offer credits, the average rate reduction is 25.61% inclusive of credits granted to government facilities, schools, federal, state. So, um, what that what I get at is we're
we have offered a 50% storm water utility fee credit. So, we're doubling what is across the state a typical credit, >> right? >> So, it seems pretty >> we understand that and that sounds real good. And then boom, you have to meet
this 100year requirement. >> Yeah, that one I'm a little hazy on because I don't know the cost associated with that study. I have no idea. it cost us more than what our savings would be. >> And I was afraid of that. That's why I'm I'm a little uncertain as to that part.
But when I look at just those two points, the fact that it's a shared system and that and that the credit is double what when you look at the average statewide, I mean, it it seems like we're really trying to work with y'all.
>> Um, >> right. But the the point was you were based you were based on us draining to your system and South Florida Water Management System said in their own report of which you have a copy that we
drain to >> Oh yeah, I I saw >> Florida. Okay, >> I guess maybe I'm just like I don't know, maybe I'm dense, but it floods here, right? The big the big hit to me when I attended the meeting and got the proposal was asking for an engineering
survey. The second big hit came the next day when I read my email and hey we want that report yearly certified stamp by an engineer for 100 year. 100 year wasn't mentioned. >> Again I have no idea. I that's the one
part I I really can't comment on because I don't I don't know the expense of that. I have just don't know. But I' I've lived here for five, six years. I've seen Questa Drive. I I don't know if it's flooded exactly in front of your community. Um, but this system is
designed so that you know all storm water can be properly handled and treated when it when it needs if the roads are flooded, it has to go somewhere, right? >> Yeah. >> That's why I say it's a What's that? Ours drains to Oh, Dixie that drains to
Elijah Hatche from Florida. >> I get that. I do. But you have to access your property somehow. >> But it's on hill. >> We're on hill. We said above. >> I'm not talking about your property flooding. I'm talking about the fact that if you can't use the roads cuz the storm water you don't have you don't
share the benefits of the storm water that's working on the roads. >> You're back to the individual now. That's not what your code's doing. >> I don't know. I guess it's not really >> That's the problem. We're addressing the code. >> Okay. Well, I'm good for now.
Mayor. Yeah, I have um in regards to the 50% reduction of the assessment fee, I align with what council member French and Painter have said um based on the code, the staff findings or staff report and
then the um FSA report that is referenced and compared to it was 100 something utilities throughout the state. Um cuz I do you think about it in terms of what if every property
were to contain their own water? You're still and so no one's paying a fee. You're still going to have water, storm water to maintain throughout the village. And that that is why I believe
that 50% is still valid because we have to still pay for the infrastructure for those shared systems. And then in regards to the annual inspection, I mean I know that that the standard
um with the 100redyear storm that is typical. I don't know from a uh frequency standpoint if annual is necessary. I would like to hear more about that from our utilities director
if possible. Um so the the frequency of that report is the only thing I'm questioning. >> That's it. >> Okay. And after my comments, we'll have Allison come back up. Um thank you, Mr. comes for tremendous amount of work that I know that you put into it and your
whole board and I'm sure your residents as well. Um, I too share the sentiment of some of my colleagues up here that while I understand that you contain all your own water and it doesn't go into any pipe or anything that we that we patrol of, there's still access to the
property. We still have to maintain all of the village of Tquesta. And that's where I think the 15% comes in. It's for the capital improvements for the entire these are my words not code but for the capital and the improvements that are that storm water provides and the benefit the storm water provides to
everybody that can that is a village resident of Tquesta or benefits from our roads. So that's why I think that I'm in favor of keep of the 50% reduction. I don't know I'll defer to our utilities director on the need for a 25 or 100 or
500year flood letter. Um, but I believe that there is the greater good and you if the roads are flooded around you, your residents can't get in and out. You may be on an island, you may be higher than everybody else and you're, you know, no chance of flooding, but you still drive on the roads day in and day
out throughout the village of Questa to go to different places. And I think that's what the 50% is for is to take care of that portion. um section in our code, I believe it is section 74206 where it says that the imposition of
that the imposition of storm water fees on all property within the village of Twaeta. Is that correct? Maybe ask. So all properties I individual people I know they're caught up in there's a semantic issue going on about property
versus development versus individual unit owner but to question TTCA is a property how I look at it and it needs to pay and and we have the right for what I see section 204206 we have the right to impose the fee. I comfortable
getting it down to 50%. Um, but can I ask a question? Has, how long has have you guys been paying storm water fees since 200 I think you said 2005? >> Everybody in our community had paid in 2005. >> So the original platting or development
of this >> it was agreed upon that. So everybody's been paying it and then now or the last several years. >> It wasn't until we got the the letters sent out that arrived at my door. I said I never got noticed as I'm sorry.
>> Okay, I apologize. Uh I I've been president of the association for 15 years. Not just a now I'm just a director and I never got notice uh from the village of this uh
requirement in the add-on alarm. >> But the but your association's been paying. >> No, individuals have >> I'm sorry, sir. individuals have >> individuals have been doing. Okay. So this is on behalf so you're speaking on behalf of the individuals and what they are built. >> Correct. >> Right. Okay.
>> And the whole thing that we were as I said it was the proposal was offered saying engineering report. Uh I can sort of live with that right our property maybe 2% is outside our
retainage areas. Maybe 2%. That's minuscule when you look at uh the total acreage. But when they come back and say a certified letter stamp engineer for the 100 day storm, which is beyond what the
system was designed for. It may be capable of handling it, but it's designed for means that we now have to go out and redesign our whole system. We should have been grandfathered in. Okay. >> And the attorney, your attorney should be able to speak about that.
>> Yeah, I I understand that and thank you for the clarification. So, what I heard you say was the individuals are paying this. Is it built to is it build to their property tax bill >> as an after alarm tax? >> As abilum tax. So, they've been paying it and every one of those individual everyone every one of those every one of
those individual unit owners drives to and from that property every single day on roads that are maintained. Correct. You are back to getting off of the code and into the individual. >> The code says that all property property
not not ownor property. >> Okay. Right. >> Okay. I understand. I'm I'm going to I'm going to defer. I'm done with my comments. Thank you, Mr. Tomes. Going to go back to Allison now. Come back up. >> Again, Mr. Tom, we're just trying to understand all this. This is not an
acrimonious conversation. >> Just one comment. Uh though I'm a civil engineer, my true expertise is in a lot of other places, not this one, but one of our residents is an engineer in this area. >> We'll get to public. We'll get to
public. >> Thank you, Vice Mayor, mayor, council. Um Allison Felsburg, utilities director. Um just going through this village staff there has been some some transitioning transitioning periods since this was taken on but um everything was reviewed carefully including the submissions that
were provided by TTCA historical permits engineering documentation and applicable code provisions and staff does acknowledge that TTCA retains and treats the majority of storm storm water generated within the community on site and independently funds and maintains its private storm water infrastructure.
However, we also found that the vill's storm water system provides areawide and indirect benefits to all properties including TTCA such as flood protection, groundwater, so on as uh council member Painter had um acknowledged earlier and uh TTCA residents, gas and service
providers utilize the village streets and infrastructure that rely on the village storm water system. complete exemption from stormwater utility fees would be inconsistent with the findings and intent of section 74201 and could undermine the uniform application of the stormwater utility. Um and so in determining the the fee
that we got to staff conducted extensive research into statewide stormwater utility practices as mentioned previously and we believe that the the rate and reduction that we provided is appropriate for this type of situation. And we want to emphasize that this level of credit reflects reasonable balance
between recognition of their privately owned maintained storm water system and the continued indirect benefits provided by the village's storm water infrastructure. For instance, if the road outside of TTCA was to flood, um it would overflow onto TTCA's property, which it would impact the properties
within that uh condominium association. Instead, we do have a storm water uh grate that is directly outside just west of the entrance drive to TTCA on the southbound side of the property where both water from the drive into TTCA does
overflow into that portion of property and that does capture all the storm water that would go into their property if it was not to exist there. And I will take any comments or questions >> address the uh request for the >> the 100year
say before the council has any additional questions, it might be appropriate for me to to uh as I indicated at the beginning of this um just review with you what the criteria to apply uh are as as set forth in the code. And um this is in 74209
and um the pertinent language says that um In reviewing denials of requests for adjustment, the storm water utility board shall apply the following standards and review criteria. Number one, um existing or special
characteristics of the site or parcel for which the adjustment request is made. Number two, the amount of onsite impervious area. Uh number three gets to um a fair amount
of the conversation that we've had. Number three is uh was the 25year frequency 24-hour duration storm criteria the minimum standard recognized by the director.
Uh number four, ponds exfiltration system or positive drainage facilities must meet village state and federal requirements including groundwater protection devices and outfall treatment systems required by all government bodies and all of those facilities are
properly maintained and operational according to village standards. And then finally, adjustments are not permitted for swimming pools, reflecting pools, or existing open ditch systems and swelles.
So those are the things to be considered um in making your final decision. >> Thank you. That still holds the question for me at the 25 year 24-hour duration,
but I'm confused about it 500 year where they're going to have to go back and re-engineer. I'm still confused on that. >> Can we clarify the year, too? Cuz I keep hearing 25 year, but I thought I thought it was um a 100redyear 24-hour storm
event. So, in the written determination provided by the utilities department, it was recommended for the 100red-year flood event and that was because it is recommendation from South Florida Water Management District for closed loop storm water systems to meet that
standard. Um, and that was what was used when coming to this determination because even that level of rainfall was provided during Hurricane Mill. And so to ensure the life and safety of the residents within TTCA, that was the recommendation that was put forward on the determination.
>> And the code refers to that 24 25 year as the minimum standard recognized. So it does not that does not have to be the standard. It has to be the minimum and and the utility is
is permitted to do use a a higher standard than that. So, and it sounds like based on the testimony you've heard, that's that may be what happened here. But that is permissible by this code section. >> So, a new construction, have we adopted that where if they were to build TTCTA
DC TCA today, they'd have to have that new 500year? >> Uh, it's 100year. And I I would have to look into the specific building code when it comes to the storm water infrastructure that would be provided. Typically, you're not going to have a property that designs with private storm
water systems because you have to ensure that you're maintaining all of that water and can hold all of that water. So, typically they do drain out to public owned rightways in village owned infrastructure. >> I understand. And >> so, it would be kind of a case by case basis. >> From the information you have, do you
believe their storm water system is sufficient to handle what we have? that I would not be able to tell you. I >> understand. Okay. >> I mean, with that said, I'm still good with a partial exemption and and grandfathering in not to add the higher
level of um uh the South Florida Water Management requirement. >> Yeah. >> Yeah. Absolutely. >> Okay. Um in regards to the hundred year
Out of fairness, I'm not going to solely pick on this community if unless we're going to do the same thing for all the other ones that are not in the same boat because not nothing in that area has been built in the last 10 years. So,
unless we're going around telling everybody that they need to replace their systems, I'm not on board with that 100redyear system replacement. I am on board with you. your community has your own system and knowing that you guys just sat through what we just discussed for the
previous item. I am on board having a timeline whether it's one year, two year, maybe three year a certified engineer submitting to the village that your system is working and it's not about to collapse or anything like that. And for me that's just health and safety
for everyone around you, your fellow residents. Um, I think that's fair because then you are being held accountable to making sure that you're keeping your end. And with that being said, you guys might not like this, but I would actually consider a larger
credit. Um, but leaving a portion of the fee there because when I hear the word islands and I fully understand we're look, you are talking about your property specifically, but your property is not surrounded by water. So technically it's
not an island. It is physically touching earth that is a part of the village. And unfortunately we've had some hurricanes where people mind their their own property a single house was up high enough and they were safe but they needed to get out because it was going
to get worse. Now what happens when there's no investment around your area? You can't get out. So for our job to keep everyone safe and make sure we have a way for you to exit if you needed to. That is what for me a small percentage of the fee would go towards and I would
hope that other municipalities let's say to the north of us do the same thing because our job in government is to make sure there's safe ways in and out. Heaven forbid we need to get people moving and we've seen what happens when they can't move. It doesn't get it's not good. Um I appreciate your
demonstration. I really love that. But so my fellow council members where I sit is I fully understand that they technically do take all their water but because they are physically attached to the earth of the village and that water doesn't follow just arrows and lines
that we do kind of share some of the water flowing whether it's a bulk over here or a bulk over here. I would consider a larger credit so they're still paying an investment towards the area around them.
um but they are being credited for what they are taking on their own and an engineer certification. I don't know what the timeline is to make sure their system is working properly. And again, that's going into your safety as well as the safety of people around you.
There was one other thing. Oh, and then my question about the cleanout. I asked that on purpose because we've experienced in our own village um before Jeremy's time here where some drains weren't cleaned out regularly. We we all saw that happen. So
I would advise that part of my condition would be that your community on some timeline has a consistent cleanout and it doesn't have to be every year but just again the accountability of making sure your community is doing your part to ensure the safety of everyone around
us and it's our job to do our part. Our job is to clean out our drains to make sure they're handling our water. >> Um I think >> public comment. >> I mean I I don't mind feedback. I'm going to ask for the procedure policy.
>> Let's council and we'll public comment. >> So we'll we'll we'll continue and we'll we'll wait for the feedback. >> Patrick. >> Yeah. >> Council member Pay. >> Yes. Um, so I think my recommendation or I know my recommendation would be
um I I hear everything that you guys are saying and I I look forward to hearing more in public comment. As it stands right now, I would uphold the staff determination granting the 50% storm water utility fee. Um to me just looking
at the study that was um undertaken by staff it's it's double what the average is it seems pretty generous and it's what I was trying to articulate and council member Sattorii articulate a little better. I mean we all sure in the
benefit of our roads our right ofways all everything within the village is is we all enjoy that at some point. Um, so you know, that's a shared benefit and there's a shared cost there. And I think
that 50% credit um, adequately addresses the fact that you have your own enclosed storm water system, but that you also do enjoy the benefits of the public roadways and everything where our storm water system also benefits. Um,
the annual inspection or the uh, what was it? the yeah the annual inspection just to ensure the structural integrity of the private storm monitor system. I don't I don't think I'm hearing that that's a huge hardship. Correct me if
I'm well chancing public comment. Correct me if I'm wrong there. It seems like the second aspect of that the systems continued ability to retain and treat at least the first 1 in of runoff from the police development 100red-year 24-hour storm event. I would like to hear more about because what I
what I don't fully understand I I do not want you to have to redo your entire storm water system. That is that's a no no. Absolute no for me. Um but there has to be something um indicating that at least you know the
the integrity and the ability of your storm water system to do what you're telling us it does and I'm sure it does. As far as that second part, I don't I'm I'm still somewhat uncertain on, but I I think the 50% credit is in my opinion
pretty fair under the circumstances. >> Mayor, >> yeah, I don't I don't know that my question was addressed that with that frequency. Allison, can you >> you're referring to the frequency of the inspections?
Yeah. I mean, especially if the system's in good condition now, we know it. I mean, is it >> so annual really necessary? Could it be just to give them some relief there? Could be by annual, but maybe with a stipulation that if there's, you know,
findings that um it's not maintaining that, you know, there they'd have to take action within a certain time frame. Mhm. So, we as a village are required by FD to inspect our storm water system every year and provide those reports
annually um through our MPDES program. And then additionally, we did do some research in the town of Jupiter. While they don't offer a credit, they do have a grant system where private storm water systems are required to be inspected and signed and sealed certified every year as well. So, that's where we got to the
year frequency. I mean, I guess from your professional opinion, do you think it's necessary annually for a a one property with a private water system? >> I I would honestly I would agree that it should be annually. We inspect our system annually and we still have storm
water system failures. Um, additionally, um, we we may not be like super big experts, but we consider ourselves experts when it comes to storm water and seeing the telltale signs of a collapse before it's detrimental or sometimes hard to identify. Um, and then
additionally, TTCA, the roads, the storm water, it is private in there, so we aren't going in and constantly walking through the area like we do with all the other areas we have. So if there was a failure, the village wouldn't know in order to ensure that it was taken care
of expeditiously. Um so I think for the the safety of the community and to ensure that we're covered if we're giving a credit or um a release on their fees, I think that it would be appropriate for a year. >> Okay. Thank you for clarifying.
>> Um I stand with my colleagues the 50% um relief. Um, our code, I heard, um, requires a minimum of the 25 year. 24-hour 25 year. >> Yes. >> Um, and that is what was that's what it was it's built to.
>> No. >> 72hour 25 year. >> 72 hours 25 years versus 24 >> three days. >> Three days. >> Right. >> So, I'm I'm agreeable to um the the the 25 years. make no no
adjustments to the the structure itself, but I would agree to that. Um, it's what we allowed 21 years ago or 25 years ago. So, I'd stick with that. So, I'm same thing 50% relief with the annual letter because if we have to submit that our systems are working, I think anybody
that runs their own clos should be required to do the same thing because they are basic basically their own storm water utility. So, we need we need the same asurances. So that's why I would say stick with the annual letter, but I'm okay with the 2425 24-hour 25 year.
>> I I would be okay with that as long I mean Jeremy as well. Um that is what's in the majority of our building code when it comes to public storm water systems. So I would understand where that comes from. I think that was just put in to ensure that because it's a closed loop system um that it would be
able to handle a storm like Milton. So um that's where it came from. I I agree if that's what you want to change it to. >> Okay. Um I think we'll go to public eye. >> Uh if if you've had full council discussion and >> at this point I think we're ready for
like to hear public eye. >> Yeah. >> Mr. Tom put in public. >> I think I asked him to because he was he was the first one here and I asked him to. He's good. >> Jeff Mlan.
>> Yes, ma'am. >> Jeff Mlan 110 Lighthouse Circle. You guys got a big project. You guys do a lot. Um, two things. I'm looking at it a different way. Instead of us maintaining our system, if
we hooked up to your system and you took all the expenses, that would take the expenses off of us, that would allow us to use the pond that we have or the retaining area as parking spaces because we do not have enough
parking spaces, not because of you, but because of all the board members prior. So, a win-win would you guys pay for us to hook up. We can take that area and make parking spaces and it's a win-win
for both. Okay? That way, we're not maintaining it. I'd be happy to pay you. Okay? That's the way I see it. Okay? Instead of going through all this engineering and everything else. So,
that's my piece. >> Thank you. Appreciate it. Thank you. Thank you. >> Thomas Stilly. >> Good evening. My name is Tom Stilly. I live at 105D Lighthouse Circle in Questa Trace. I'm a licensed professional
engineer. I'm a civil engineer background. I'm not licensed in the state of Florida. I'm licensed in the state of New Jersey since 1990. I've designed storm water systems in my past and I've lived at Crescent Trace for a couple years now. Um, you know, my my
big point is I understand the connection between our closed system and the benefits of the larger community and the greater good, but I don't think a 50% reduction is fair because any one of the council members, if I asked you to pay
20 we we contribute about 2% of surface area to the village. If I asked all of you to contribute 25 times what your usage of something was for, None of you would think that was fair. So, um I was very encouraged by
Councilwoman Brandon's thoughts about possibly increasing uh the the amount of credit that would be granted. Um I think you've already, you know, kind of decided through discussion that the the uh additional requirements are not fair to be imposed. I would
certainly agree with that. And um yeah and I guess on one hand the village has gotten the benefit of 20 20 plus years of storm water payments that where we haven't raised this issue pro previously. So I think that's worth some
goodwill as well. Thank you. >> Thank you. >> Okay. No more comments. >> No more comments. Okay. Yeah. Um, >> sorry. >> No, no. I mean, this gentleman raised a really
interesting point that I don't know. Um, I'm sorry. >> Yeah. I don't know if that's something we want to do or I I have no idea. >> So, that kind of throws a a mix into
this that >> But maybe that's something that needs to be addressed in the future. I I don't know. Perhaps we can have Allison a pine on that. >> Um I think that we would just need a lot more information before we could make that decision. Um the first thing is the storm water system that they would be hooking up to. Is it capable of taking
on the amount of storm water would be the very first question because if it's question of then upgrading our pipes that would be a concern. Um the second question is we would have to do a detailed inspection of their storm water system because we would have to take on the cost of maintaining it. Um, and then
additionally, um, I mean, we wouldn't typically when this development was developed and decided to put their own storm water system in, which they didn't have to at the time, um, they took on that cost of maintaining the system and and that storm water. So, if they were
to hook up to us, we typically would not pay for it in that type of situation. If we were just approached to take on a roadway or storm water system, we wouldn't typically say yes. So, I think um but that never has played into this type of fee reduction. So, we would have to look at the financial impacts of
getting that 100% storm water fee compared to if we did a 50% reduction. So, um I think this would be a starting point and wouldn't impact the decision tonight. Um but if that is something that they're interested in, they're they can submit a request and we can definitely start taking a look into it, but that's not something that we could
make a decision on tonight. >> Understood. I think it's probably outside the bounds of your role as >> tonight we're going to discuss this issue this issue but >> but your flow I'm a flow engineer for the military if your property if your
system is designed it's for the area so it should be able to handle it >> okay that's again I I'll defer to our I think that the council would defer and I want me to speak with them to our utility director that there's a process for that and we would welcome that
conversation Is there a motion? Would you like to make a motion on this issue? >> Uh yeah, I can make a motion here. Make a motion to grant 50% exemption on the storm water fees
grandfathering the system with the current requirements of the 25-year 24-hour duration with um all of this with an agreement with an annual certified inspection. I will second that. Okay, >> there's a motion, a second. All those in
favor? >> I >> Okay, motion carries 50-0 for the 50% reduction one-year uh letter saying it's qualified to handle the 25 year 24-hour rain event. >> I'll prepare the written order. That'll
be ready for you probably tomorrow. >> Okay. Thank you. Item number 17, variance number 02-25. It's an application from 2GHO and uh this is also require judicial proceeding. Um I can do the swearing in and exparte disclosures. Anyone who's
going to be testifying to the village council on um variance 0225 I need to swear in. Each of you swear or firm under penalties of perjury. Your testimony to the village council will be the truth, the whole truth and nothing but the truth. >> Thank you. >> Thank you. And then back to the council.
uh disclosure of exparte activities, discussions with staff, the applicant, site visits, uh third parties needs to be disclosed for the record at this time to eliminate presumption of prejudice. >> I've walked the site and spoke with staff about the um ordinance. I'm sorry,
variance. >> I have, unrelated to this, been to the site and I've spoke with uh the village manager about the variance. I've asked Jay if there was any building design submitts just things for our backup and I used to bank there so I'm
very familiar with that mayor >> I've talked to staff and the applicant >> I had spoken with staff I spoke to Mr. Gentiel part of the applicant and in the lobby I spoke to one of the other applicants Mr. Fineberg uh cuz I've known him for a number of years. So I
did speak to him, told him good luck this evening. So I >> then we can proceed. Thank you. >> Good evening, Jay. Hush, committee development director. Happy New Year. I know you guys have had a tough night, so I'm sorry to bring a zoning variance before you after all that. Um I'm going to hand it over to George Gentiel and
then I'll kind of follow up with a quick overview. >> Thank you, Jack. Thank you. >> Welcome, George. >> Thank you for having me. It's been a while. Um, I'm here tonight representing the wine
vault of Tquesta, which is the business that Mr. Fineberg and his partners own. Uh, and they're looking forward to possibly opening up at 171 Toquesta Drive, which is the old PNC Bank, which, um, has been closed for quite a while. We've actually been working on a number
of plans for this and there's certainly going to be a lot of other uses that may not be desirable in this area, but we think that this is appropriate use. Um, this is your mixeduse center. This is where activity should be. This is where
um uh gatherings happen and uh we feel that this is an appropriate use. I have a very I'm going to go over this very quickly because I know the hour is getting late. You all have been sitting here for quite a while, but uh um we're looking to redevelop the 4473
square 4,000 plus square ft um uh building um and the drive-thru lanes be taken out um for this 100 1.04 acre uh site. Um you know where it's located. The property is currently um zone mixed
use and uh land use is mis mixed use as well. Um the re proposal uh consists of a collector wine storage facility. So they will actually be using a vault which is in the bank which is
very appropriate uh for uh their members. This will be ma mainly a members facility. Uh it the main object of the project property is to have the storage of course. Um they will also be um retailing wine to their members and
they will also have a lounge, full bar, tasting room and limited food service uh and retail sales to their members for the the project. Um the request is for a variance to your code which requires
that any use selling alcoholic beverages have to be a,000 ft distance doortodoor in a straight line um uh to uh away um from a school and uh there are other uses churches and those type of things.
Um so we are asking for a variance of approximately 747 uh ft because this facility is about 253 plus or minus feet from door to the back
door of the Harvey uh academy. Um this is the site. Uh and again I'm going to b I'm not going to go over a lot of you all been there. You've banked there. You you see it every day. Um uh I do want to point out though that there is a
the parking lot actually goes uh to that little uh what we call flag area to the back. So they have quite a bit of parking in the back as well as around the building. So um this is the thousand ft area.
Unfortunately I didn't think about putting it at the front door where the it's supposed to be. So, it would actually be a little bit lower to the south, which means it would be even farther away from St. Jude's Catholic Church. Um, uh, but this is the area
that it, uh, it encompasses and, um, the Harvey School is the only facility being impacted by that thousand ft area. Um, these are just some of the other uses around the area. I do want to note that Italiano, which I frequent in the
village of Dquesta to make sure you get your tax revenues properly, uh has great wines and and beverages there. And they have great food. So, and they are right within the same door of the facility. Um, and there's also the Leela uh
Mediterranean. I think it's still there. There could be something else tomorrow, but the restaurant um uh we we did the the one the previous one that was there um and uh uh that also serves um has a full bar in it as
well. So, um I'll go through this very quick. So, here's the distance door to door. The door to the Harvey Academy is actually in the alley in the in the um corridor area in the back area and then our front door is there. That's 253 ft
uh based on the Papa maps um uh and um uh the request for the variance. We did have a very good meeting with the Harvey Academy and you all have received the letter. They have no objection to the to the project. Um,
I I guess I I can't read that from here. Maybe you all can, but I'm having an issue. Um, but anyway, it's it the conclusion is it's a redevelopment of a vacant piece of property. It's going to make it active. That's what you want in that area. Um,
it's in the mixeduse zoning district. Um, it will have a minimum impact to the area as it's a member membership use really. Um, and uh, it's mainly for the wine vault because that's what a lot of their uh, people want. Um, and uh,
there's a lot of restaurants that are in the area. Capitol Grill, they have their own wine vaults that are around their whole restaurant and uh, we think it'll be a great use for the area. Um, the hours of operation, because I know that's going to be a question, I'm going
to just put it on the table. Uh, it will be open from uh, the vault storage and their their you know, deliveries and stuff that will be coming in will be from 9 to 10. That's their day. Uh, weekdays. Um, they would they will open
the um members lounge area at 5:00 which is uh after school operation. We had that discussion with the school. Uh they would like to be open um from 5 to 10 uh uh except for Saturday and Fridays. They
would like to stay open till 11 for the lounge. Okay. And that is it. And saying Sunday would be a typical day. They'd close at 10 o'clock. So, okay. And that's my presentation. I'll be glad to answer any questions. >> Um, comments, council.
>> Yeah. I mean, the most important thing to me was the the slide of the letter from Harvey School. I mean, uh, that's who we're trying to protect here in our code, right? And if they don't have an objection to it, um, I certainly don't object that. And I agree. There's at
least two other um establishments within one of them, you're right, right next to it that serve alcohol and everyone seems to be doing just fine so far. So um I don't have an objection to it. All right. Thank you.
>> So it is primarily wine though, correct? >> Well, the the the wine vault is to store wine. They will have wine tastings. They will they will retail wine out of there. Uh the that that's the Mr. Fineberg's uh business. Um but they will have a lounge
and a full bar for their members. It's not I can't won't be able to go over there, but unless I join. >> Just for clarification um because it is important. >> So it's not like an inlet lounge where just Joemo can come off the street and
wander in there. >> It's all it's all members. >> Okay, that's fine. I just want to make sure we're very clear on that. Um, I appreciate someone trying to do something with the building >> and the members only. I mean, that's that's kind of becoming a trend, too. We have another business that's kind of members only. Um, yeah. So, I appreciate
and yeah, I appreciate the community relationship of, >> you know, where your hiccup was based by code. Let me go talk to that and figure out a solution and work together. I appreciate that. Anywhere to family appreciates that cuz that's how we roll and that's what makes our little small
town very personable. And now you can't get through town without running into someone. That's it. >> Thank you. I do not have any questions. Thank you for the presentation. I support the project. Thank you. >> Uh Mayor, >> I don't have any questions or comments. I support the project.
>> Okay. Um thank you, George. Uh thank you, Drew. Uh welcome to Tquesta. >> Y it's a great place to be. You've heard a lot about it tonight. Yeah. I I think consistent with um my votes in the past has been uh with a letter of support
from the the school and it's very important that Nancy and and her family agree to that in the school. So I have nothing but but praise um for this and I know it's going to be successful. I like that it's member based only. So there's really limited traffic, probably less
traffic than the bank would have had back in the traditional banking days. So I I'm in favor of this as well. Thank you. Any public comment? >> Is there do you need to do a public comment on this? Maybe I'm incorrect.
>> No, I do not. >> Say again. >> Do you need to do public comment also? >> Just ask for public. Yeah. >> Okay. I >> just wanted to make sure. >> I thought you thought you wanted me to give public comment. Okay. Is there any
public eye? >> J, you're not part of the public. Okay, there's no cards for that. So, >> and just real quick walking through the potential motion. Um, so here's the criteria you'd be looking at. It sounds like I think you're
familiar with the criteria. Um, it sounds like you guys are supportive of the project. Um, just want to note that you are able to prescribe conditions of approval to zoning variances. You did that to uh locals pop where you restricted the hours of operation. I think the applicants already said that,
but it can't hurt to make that part of your motion if you are going to make a motion to approve and that's all I got. >> Thank you, Jay. >> Um, I would make a motion to approve without any conditions.
>> Can I ask a question on that? >> Is that based on the hours that the applicant presented? >> Uh, oh yes. Yes. Um, yes. So should I clarify that? >> I have them written down if you >> Okay. Yeah. Um I heard So yeah, maybe
you should. >> I heard. >> Okay. >> So I'll make I'll make a motion then. >> Yes. >> I'll make a motion to approve the variance requested before us uh with conditions of the previous stated hours
by the applicant. Uh, hours of operation, 9:00 a.m. to 10:00 p.m. weekdays and Sunday. >> Yes. >> Members lounge opens at 5:00 p.m. Friday and Saturday until 11:00 p.m. 9:00 a.m. to 11:00 p.m. >> That's correct. And the lounge only from
>> 5 to 11 >> 5 to 11 those nights. >> Okay. Members lounge. >> Restricting that on. >> Yeah. Members lounge always 5:00 to 11 even on Sunday. >> I think we presented that in there. I didn't I didn't say that specifically, but that's even further restricting it
on those weekend days. >> Okay. And is applicant okay with what we just stated? >> Yes. >> Yes, we are. >> You want me to remake the motion or is that good? >> On on the weekend, excuse me, on the weekend when the school is not open, right? I would like to be able to have
the lounge open earlier in in the day. >> Oh, you do? Okay. >> Yeah. If that's if that's not a problem. So, weekdays 5:00 p.m. to 11:00 p.m. >> 10. >> Yeah. Which Karen didn't she didn't have any problem on the weekend.
>> Can I just want to make sure I get this right in the order? Can you just >> I'll rem 12:00 12:00. >> Hey Drew, how about Can we have Drew come up for the introduce himself and >> Thank you. >> Hi, my name's Andrew Fineberg. Drew Fineberg. Uh what do you
>> just what you your request for the hours >> each day? >> Oh, so the hours each day. So uh Monday through Thursday, >> uh 9:00 a.m. to 10:00 p.m. Uh the lounge would be open from 5 to 10
>> on Monday through Thursday as well as same hours on Well, the lounge would be open on on Sunday from 5 to 10 as well. And the uh Oh, no. Sorry. I apologize. >> I'll get it right, guys. I don't get up there too.
>> So, Friday, Friday, the lounge is open from 5 to 11:00. Saturday, the lounge is open from 5 to 11:00. No, the Saturday the lounge is open from 12:00 to 11:00. Excuse me. 12 to 11. And Sunday, the lounge would be open from 12
to 10. >> Okay. Did I get that right? Yes, I did. All right. I'm trying, guys. We've been here a long, long time. All right. So, I have the lounge hours, but in terms of the vault, the that's
10 on that that the vault will be open at 9:00 in the morning until the closing time of each of those days. >> Of each of those days. >> Okay. >> Okay. >> Yeah. People are going to be able to go into their wine. >> Just going in there to get their wine out.
>> Yeah. or have the 78 team, you know, take it out or >> Okay, I should have took that from you. >> Okay, I'll remake the motion then. Uh so I make a motion to approve the variance before us with the conditions of the operating hours as previously stated.
hours operation weekdays Monday through Thursday 9:00 am to 10 p.m. Friday and Saturday 9:00 a.m. till 11:00 p.m. >> Sunday 12 to 10:00 p.m.
>> Saturday >> and then Saturday it would be opening at 12:00 p.m. >> Yes. The lounge. the lounge and then the members lounge would also be open at 5:00 pm on the other day stated. Is that correct? >> Yes. On the week.
>> Yes. Except for Friday. >> Oh, no. Friday. Sorry. >> So, so Saturday and Sunday the lounge would open at 12:00, >> right? >> That's the weekend. >> Correct. That That's the only days that it's opening up early.
>> Correct. Saturday closed at 11:00. Sunday close at 10:00. >> Yes, sir. >> Understood. I think we got it. >> I think we got it. >> George, can you send that to me and I'll verify >> a second? >> I think I'll read it again.
>> Mine was way easier. >> So, we got a second, right? >> I second. >> We got a second. Okay. All those in favor? >> I >> mayor, >> she tried. I hear. >> Okay. I said I >> Okay, thank you. >> Motion carries 5.
>> Thank you all very much. >> Thank you very much. Welcome again. You're welcome. >> Very excited about this. >> Cool. >> Last item on the agenda number 18. Um resolution number 0126 resolution of the council authorizing a write off of one
collectible of an active water account. Utility director Felsburg. >> Hello mayor, vice mayor, council. Alison Felsburg, utilities director. Um so customers are build for their water monthly. Um, and that's for the previous month's usage with payment due within 30 days of that billing. Um, typically our
customers do pay on time, but we do have a small majority that do not pay. Um, after we do um, not receive payment after those 30 days, we do assess a late fee. Um, we call the customers, we do send them letters. It's continuous effort to um, get those funds and get
that um, payment. However, um if all of that does not work, we do terminate service and then we do refer that debt to a debt collecting agency. Um and then after a specific amount of time, we do write that debt off. So that's what this
agenda item is for. Um we do uh perform a consultation with finance to get their blessing on this and um the 150 accounts that are brought forward to you tonight um total $33,427.88 88 cents in bad debt to be written off
which that whole list is included in the agenda item. This is all outlined in our code and I will take any questions >> council. I do not have any questions. >> I think it's pretty straightforward. >> No question. My only question is it's so
these accounts are inactive. So but somebody could be like on a business address. Somebody a new tenant could be be in there already. So in that case there would already be a separate account and if they're paying on that account then they're getting water. Um the account is by person not by address.
>> So the like number about the 12th one down 289 US Highway 1 Nico's Greek that is it's inactive. So there's a a new corporate tenant in a new entity that's if there's somebody in there then there's somebody new in there. Correct. So it's a new hookup.
>> Uh correct. um unless they're staying in there and they are refusing to pay their water bill and they don't have water. >> But I think in most cases this these are tenants that have left. >> Okay. >> No, no further questions. >> Have these gone to collections yet or
does it after this? >> Um I believe it goes to collections after um they do go to debt collections I believe before this. Um, and we give them two there's a two-year period where they're already in collections and then we write the debt off. Even after this
period of time, they will stay in collections. Um, and if they do pay that, then we do receive that funding. Um, but it does go into collections before it's written off. >> Okay. So, chances are we're not after tonight, we're not collecting anything. >> Correct. It's been 2 years since they
were originally notified. It's just like curious to me when there's names on the list that probably a lot of us know and there's businesses that are on this list that are still around just in another building. So, how I mean why can't we get those paid? Sometimes it's just refusal to pay.
We've tried our hardest. Um some people uh especially it was discussed previously, but some of the addresses are in LLC's. So, we will not if we have a person account on the list that has a debt, we will not issue them a new
account. However, if it's in an LLC and they go and apply for an account in a separate LLC, they are granted service. >> Okay. I guess I mean, if there's nothing else we can do, yeah, it's just it's curious when there's names and businesses on here that are still around
that we could like go to their like reach them and ask them to pay. I don't know what the your process is if it's just letters or if you make phone calls, but um we do make phone calls are the first thing before the letter. So, as soon as um the bill
is late, we do have our our front desk customer service rep that makes that phone call just reminding people, hey, you are late on your payment. You now have a late fee that's being assessed. Please respond to this. um if they do not pick up the phone or if they refuse to pay, then a letter is sent notifying
them of this um and I believe even possibly two letters, but I can confirm that um later on. And then the water is terminated from service. Um and then at that point, we're hoping that they reach out because they no longer have water. But in a lot of these cases, the people have moved on and don't want to pay because they're no longer there. So,
they don't they don't really care um if they're specifically at that address and then they just open up a new account if it's under a separate LLC in most cases. Or they just leave to Boston. Okay. Thank you. >> Yeah. I I would like to, you know, we'll move forward with this vote this
evening, but I think when you said that there's somebody with a different corporate entity, if there's a a similar principle that's on this list, I don't I would like to see us have staff have a discussion whether to say you don't grant that just cuz you go from ABC corporation to XYZ Corporation,
a different address, you don't get more water. >> I think that's I I would like to see if there's something that we could do if that's a practice within within the industry. It' be interesting just to have a follow up with the village manager on that and say >> I would agree >> because there's one there that is >> well I'll call it out it's on here it's
Crave K R A V E um which is ilprof ilp profofasaur is in there maybe crave was the old entity from a number of years ago >> um but if there's a m there's a similar entity a similar principle in any of these corporate entities I that owes money just because they moved down the
street like to see us kind of put the pinch on them a little bit more so >> I yes we can definitely look to that and >> ask legal >> just kind of if that's an acceptable practice. Um is there a motion to approve? >> I'm sorry I had one more question. Um
there was a bunch from the two um like the duplexes and quads on off County Line. I think they're both are they both technically uninccorporated? I think the quads are but do you know like what happened there that cuz there
there was a lot. So, I don't know if there was some kind of event there or or what happened. Do you have any >> I don't know specifically, but I can I can look into it and get back to you on it. Um, the high likelihood is that they transition from um the
association or a larger group that was paying it and went to an individual payment and then that larger group just decided not to pay the last bill. Um, but we can definitely look into it and get you answers on why there's so many from the same area. >> Okay. Yeah, I'd like to know. Thank you.
Okay. Any further comments? >> No. >> No. >> Motion to approve. >> So moved. >> Second. >> All those in favor? >> I. >> I. I. >> Motion carries. 5-0. Okay. Last on the agenda is any other matters.
I'll just address the Jupiter and arrows that came and spoke on the items not on the agenda. if we want to continue with that or if that is something that we've done what we want to do. It's >> I mean >> and I mean I can't address that after
everybody else goes. So >> any other matters? >> I don't have anything to add. >> That's the only one if we wanted to talk about that. >> I share Mr. Powell's concerns but I don't believe there's enough evidence or experts to get behind that there is an
actual issue. Um I think all five of us use that waterway every week. Um so I am concerned to make sure we keep it the character that it is with protecting the mangros also. But it seems like the experts have answered the questions and went through and um they feel
comfortable with approving that. So unless there's um you know another large public opinion or um an expert that comes in and raises any concern, I'm good with where where we at. Merrick.
>> Yeah, for this particular one, um, I do think that it needs to be left with the expertise, you know, the experts, which is Taylor engineering, Army Corps, and D. And I believe Mr. Pal um, you know, has even sent his concerns
to D and Army Corps. So, I I think we just really need to to leave it with with their decision on that. I stand in agreement with council. Agreed. >> Any other items? >> Motion to adjurnn. So moved. Second. All
those in favor. >> Be safe wherever you are. You may go to work. >> Atlanta, come home tomorrow. Thank you for letting me >> go get dinner now. >> Bye.