Loading...
HomeMy WebLinkAboutMinutes_LRD_08/16/2001Ref. #10-2001 LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT REGULAR MEETING - MINUTES AUGUST 16,2001 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Chairman Ellis called the Regular Meeting of August 16, 2001 to order at 7:00 p.m. 2. ROLL CALL Chairman Ellis called the roll and the following Board Members were in attendance: Dr. Rostock Mr. Thompson Mr. Ellis Mr. Holmes Mr. Sheehan Staff Members in attendance were Mr. Dent, Mr. Yerkes, Mr. Brienza and Mr. Vaughn. Consultants in attendance were Dr. Burden and Mr. Muniz from Hazen and Sawyer, Mr. Shenkman from DeSantis, Gaskill, Mr. Lardieri from LBFH Inc., Mr. Jensen from Reese, Macon and Ms. Krasker. 3. COMMENTS FROM THE PUBLIC No public comments were received. 4. REVIEW AND APPROVAL OF PREVIOUS MEETING MINUTES The minutes of the Regular Meeting of July 19, 2001 were presented for approval and the following motion was made. MOTION: Made by Mr. Holmes, Seconded by Mr. Thompson, Passed Unanimously. " THAT THE GOVERNING BOARD approve the Minutes of the Regular Meeting of July 19,2001. " LRD MINUTES AUGUST 16,2001 PAGE TWO 5. CONSENT AGENDA Chairman Ellis announced that all items listed with an asterisk (*) are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Board Member or member of the Public so requests, in which event the item may be removed from the general order of business and considered in its normal sequence on the agenda. MOTION: Made by Mr. Holmes, Seconded by Dr. Rostock, Passed Unanimously. THAT THE GOVERNING BOARD approve the Consent Agenda of August 16, 2001 as presented. 6. OLD BUSINESS A. BUDGET FOR FISCAL YEAR 2001-2002 Mr. Dent reviewed his memorandum of August 7, 2001 and noted the 64 -page draft budget was delivered to the Governing Board Members several weeks ago. Mr. Dent stated he met with Board Members last week to discuss comments and changes for the budget and Ms. Williams has made those changes. Mr. Dent stated staff will continue to make Board recommended changes to the draft budget and deliver the final draft budget to the Board at the beginning of September. Mr. Dent stated a Public Hearing, on the budget is scheduled just prior to the next regular Board Meeting in September. Mr. Holmes noted that several month's ago Mr. Yerkes gave a presentation stating there could possibly be an additional 20,000 users within the next 5 years, and asked where this is addressed in the draft budget. Mr. Dent noted page 58 of the draft budget, which relates to the plant expansion preliminary design report. B. LOW PRESSURE PUMPING UNITS- MAINTENANCE POLICY Chairman Ellis reported that at last month's meeting the Governing Board tried to come up with some decision or consensus on how to handle maintenance of low pressure sewer systems after 10 years. Chairman Ellis noted a full Board is present tonight and stated his recommendation that the District should be willina to take over the lifetime maintenance t� LRD MINUTES AUGUST 16,2001 PAGE THREE for low pressure systems. Chairman Ellis asked for Board comments on this issue. Mr. Thompson suggested a policy in regards to District sewering systems. " The z:1 Loxahatchee Environmental Control District is responsible for maintaining any and all systems it selects and installs throughout the system and includes the cost for same in its operating budget. " Mr. Holmes stated that we have 10 years to look at this issue and suggested waiting to allow the Governing Board in place at that time to make this decision. Mr. Holmes reiterated his opinion that the District should not offer lifetime maintenance for low pressure systems. Mr. Sheehan noted the low pressure systems cost approximately $2000 less to the customers than the gravity customers and this amount over the years amounts to a significant savings for the low pressure customers. Mr. Sheehan noted these savings offset any additional maintenance costs for the low pressure system. Mr. Sheehan suggested low pressure customers could be charged a surcharge, which the District could use to maintain the system for life. Mr. Magrogan presented the Board with a graph of maintenance cost comparisons between the low pressure system and the gravity system. Dr. Rostock noted his concern with any policy offering lifetime maintenance and expressed his concern with abuse of the low pressure pumps by the homeowners. Dr. Rostock concurred with Mr. Sheehan's suggestion to charge a surcharge. Dr. Rostock suggested using a surcharge, but only on new low pressure customers and to new residents if the property is sold. MOTION: Made by Dr. Rostock, failed for lack of a second. That the Governing Board continue to maintain the low pressure sewer system for 10 years. As of today, any new low pressure sewer system customer will pay a surcharge that will go into an R & M fund, collecting interest, to be used beyond the 10 years to z:1 maintain pumps for any of the new customers. Those customers already hooked up to the low pressure system will have their systems maintained by the District indefinitely until the home is sold, in which case, the new homeowner would be liable for the surcharge. Mr. Shenkman stated this issue is not ripe for a decision at this time and noted that any decision made by the Board can be changed by a future Board. LRD MINUTES AUGUST 16,2001 PAGEFOUR MOTION: Made by Dr. Rostock, Seconded by Mr. Holmes, Failed by a 2 to 3 ) vote, with Dr. Rostock and Mr. Holmes voting for, and Mr. Thompson, Chairman Ellis, and Mr. Sheehan voting against. " That the Governing Board maintain the low pressure sewer systems for 10 years, and that after the 10 years, the homeowners have the option of participating in a maintenance fund for a cost. " Mr. Thompson offered his policy as a motion for consideration. MOTION: Made by Mr. Thompson, Seconded by Mr. Ellis. Failed by a 2 to 3 ) vote, with Mr. Thompson and Mr. Ellis voting for, and Mr. Holmes, Dr. Rostock, and Mr. Sheehan voting against. " The Loxahatchee Enviromnental Control District is responsible for maintaining any and all systems it selects and installs throughout the system and includes the cost for same in its operating budget. " 7. NEW BUSINESS A. TREATMENT PLANT EXPANSION - ENGINEERING CONTRACT Referencing Mr. Yerkes' memorandum of August 6, 2001, Mr. Dent stated staff has been negotiating with Hazen and Sawyer for the preliminary design work for the treatment plant expansion and asked the Governing Board to authorize award of contract for $191,300. MOTION: Made by Mr. Thompson, Seconded by Mr. Holmes, Passed Unanimously. " THAT THE GOVERNING BOARD authorize award of the amendment to contract for Preliminary Design for Wastewater Treatment Plant Expansion Project to Hazen & Sawyer, P.C. in the amount of $19 1,' )00 in accordance with their proposal dated July 26, 2001. " Chairman Ellis moved item 7E to this point in the meeting E. BUSCH WILDLIFE SANCTUARY - LEASE RENEWAL Mr. Dent stated the lease agreement with the Busch Wildlife Sanctuary is entering into its LRD MINUTES AUGUST 16,2001 PAGE FIVE 2 nd renewal period for one year and asked the Governing Board to approve the renewal at this time. Mr. David Hitzig spoke of the projects undertaken by the Sanctuary and thanked the Governing Board for the excellent partnership we have enjoyed over the years. MOTION: Made by Mr. Holmes, Seconded by Mr. Thompson, Passed Unanimously. THAT THE GOVERNING BOARD approves the second one-year renewal of the 1h March 15 , 1998 License Agreement with the Busch Wildlife Sanctuary, Inc. B. NORTHERN LINE CHARGE AGREEMENT - ADDITION Noting his memo of August 8, 2001, Mr. Dent asked the Governing Board to approve payment to the Northern Palm Beach County Improvement District for facilities constructed for the Central Blvd phase 2. MOTION: Made by Mr. Sheehan, Seconded by Dr. Rostock, Passed Unanimously. " THAT THE GOVERNING BOARD approve the amount of $228,085.3 )7 for additional reimbursement for regional facilities constructed and conveyed to the District; to be paid to Northern Palm Beach County Improvement District for Central Boulevard Phase 2, as regional line charges are paid to the District, in accordance with the January 21, 19981, Interlocal Agreement with Northern Palm Beach County Improvement District. " C. RIVER TERRACE SEWERS, PRELIMINARY ASSESSMENT ROLL - RESOLUTION 2001-9 Mr. Dent asked the Governing Board to approve the preliminary assessment roll for River Terrace. MOTION: Made by Dr. Rostock, Seconded by Mr. Thompson, Passed Unanimously. " THAT THE GOVERNING BOARD approves Resolution 2001-09 adopting the S.E. River Terrace Preliminary Assessment Roll. " LRD MINUTES AUGUST 16,2001 PAGE SIX D. VALENCIA AT ABACOA - I.Q. WATER AGREEMENT Mr. Dent stated that 1 1/2 years ago, the developers at Valencia entered into an I.Q. Water Agreement with the District. Mr. Dent stated the developers have asked the District to modify their agreement by changing their commencement date to October 1, 200 1. MOTION: Made by Mr. Holmes, Seconded by Mr. Thompson, Passed by a 4-0 vote, with Mr. Sheehan abstaining. Mr. Sheehan's conflict memorandum form is a part of these minutes. " THAT THE GOVERNING BOARD modify the commencement date to October 1, 2001 for that portion of the December 20, 2000 I.Q. Water agreement assigned to Frankel/Paone Homes on April 24, 200 1. " F. EXECUTIVE DIRECTOR'S PERFORMANCE REVIEW Mr. Holmes stated he performed the performance review for the Executive Director, Mr. Dent, on July 3 ) 1, 200 1. Mr. Holmes noted the effectiveness of the District and Mr. Dent's leadership qualities. Mr. Holmes recommended Mr. Dent receive a one-time bonus of $7,000.00. MOTION: Made by Mr. Holmes, Seconded by Mr. Thompson, Passed Unanimously. " THAT THE GOVERNING BOARD authorize a one-time bonus increase to the Executive Director in the amount of $7,000.00. " *G. CLARIFIER#3 REHABILITATION The following motion was approved as a result of the Board adoption of the Consent Agenda. (Please refer to item 5) MOTION: " THAT THE GOVERNING BOARD authorize award of contract to EIMCO Process Equipment Co. in the amount of $22,828.00 for the installation of the drive unit on Clarifier #3. " *H. CHANGE ODERS TO CURRENT CONTRACTS The following motions were approved as a result of the Governing Board adoption of the Consent Agenda (please refer to item 5). LRD MINUTES AUGUST 16,2001 PAGESEVEN " THAT THE GOVERNING BOARD authorize approval of Change Order 44 to the Tequesta Peninsula - Phase II Improvements contract with Asphalt Consultants, Inc. in an amount not to exceed $26,974.8 1. And " THAT THE GOVERNING BOARD authorize approval of Change Order #2 to the Pottawatomie Area Improvements contract with Sheltra & Son Construction Co., Inc., in an amount not to exceed $11,8' )2.54. And " THAT THE GOVERNING BOARD authorize approval of Change Order #3 ) to the IQ Pumping Improvements contract with Project Integration, Inc. reducing the contract by $1,017.50 and correcting, Change Order #4 approving a reduction in the contract of $37,611.68. And ft THAT THE GOVERNING BOARD reauthorize the repair of the #2 Penjax Compressor in an amount not to exceed $24,055.53 ), an increase of $955.53 from the April 19, 2000 authorization. " 8. STAFF AND ADVISOR'S REPORT A. ENGINEER'S REPORT Mr. Lardieri introduced Christine Maranda and updated the Board on the progress of the Pottawatomie Area Improvements. Dr. Burden of Hazen and Sawyer reviewed his Engineer's Status Report for August 200 1. Mr. Jensen of Reese, Macon reviewed a map of the Tequesta Peninsula and updated the Board on the progress to date. LRD MINUTES AUGUST 16,2001 PAGE EIGHT B. LEGAL COUNCIL'S REPORT Mr. Shenkman noted the pending litigation status reports. C. DIRECTOR'S REPORT Mr. Dent highlighted his Director's Report for August 2001. C� 9. FUTURE BUSINESS Mr. Dent noted his Future Business Report for August 2001. 10. FRIENDS OF THE LOXAHATCHEE RIVER No update was presented. 11. COMMENTS FROM THE BOARD No Board comments were received. 12. ADJOURNMENT MOTION: Made by Mr. Holmes, Seconded by Dr. Rostock, Passed Unanimously. " That the Regular Meeting of August 16, 2001 adjourn at 9:15 p.m." ---------- OARD /CCHAIRMAN -- -------------------- RECORDING SECRETARY ----------- ----------------------- BOARD SECRETARY 1 08/30/2001 11:03 5617458727 SHEEHAN REALTY mut.-zzj-wj jwmqte FXUM:DE5ANT18 GASKILL et.al MiGSIS222841 COUNTY9 MUNICIPAL Sheehan. Richard C- mAujwADopas C/o Sheehan Realt7 CcrP- FAUE U2 FACE 2/3 OF V - CONFLICT FOR HER LOCAL PUBLIC OFFICERS 7M C0WM".MffH0R"cW0ft*M'nMcffl n MTV COMM ImonimLo"'we CRY Jupiter, FL 33477�" 'Palip Beach Nrooa'�j�a�,-�ewjn ,he ve -znvirotyptental 6ontrol DAV_ ON WW-4VWE OCCUP"D 0 APPOWNE Auguat 16. 2001 WHO MUST FILE FORM 8B Tris form is fw use byAny po=n serving at the c0uft cftYw Ot Oth*r 1=1 Level of government on gn aWolnteid or elected board. awidt. I`y to members Of advimy and mxwod4ory bodies who are Vesented v4M A VOUN cmwnisr� . augloft. or CommIfte. It lkpPkS equal owft of interest under Section 112,3`143, Flodda Statufts. Your responsibiow under ft law when %cod with W" On a masure in wtkh you t*VG & Corfid Of Interest Wil vary 9witly depwAing gn wwdw you hold an de&m or aPP0intW P04190n- For this reasom pw2se pay close afteektion to the in=UCfi" On this bm bd0re cmple&g the reverse We and fikq the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 11Z31439 FLORIDA STATUTES appdn&e **Mty, Municipal. or OOW I** pMm., off -M MUST ABSTAIN ftm wting On 8 w8MJffi A PMW hOift 610106VO Or ftm knmin ofing an a me jjvm to his or her Vedal POM Ph Of 10M Each elected or appointed bcw officer also is prohNed 91Y V m a$* wWxh kRM to ow qw" gain or bw of a principal (ftgr tim a government ageacy) by whom he or she is retained (Induft the peram omjanizadon or subakfAry of a corporate pkxAw by ~ he or she. is retairk6d), to " Spada] private gain or lo" of.4 reww' Of to " opedd prmte gain or Im of a business associa*- COMMbSiOnOm d cmimunity mdawalopment agencies under SOC- 183 or 163.357, pA. V4 officers of independent spacial tax disvicts elected on 0 oft4cre. onewote basis we not prohibited from voling in thm capa*_ .For puToses of this law. a "retative Includes only %he ~a tatter, n)*w. son, daughter. husband. vjife. brother, sistar, faffw*03w. rnother4n4aw, sm-1114w. and daughter-in4aw. A lbtialnm associaW mom any person or entity engaggied in or carrytrig on a busiom enterpfin vAlh to ofter as a padW, joint veeduter, owmer of proporty; or 0orpmate shareholder (whm the sham of -the cofpWaftn arq not ILqW on any nafiocW of ragIOMI stocke4ha%;S), ELECTED OFFICERS: in aaWM to M*Wft frwn Voting in the sUdons deseibed above, YOU MUSt disclose the conffict; , PIRJOR TO THM VOTE MNG TAKEN by publidy stating to the *39"* 010 nature of your int0r0tSt In the ff"sure On which you am abstaining from Wft Ond wffM 15 DAYS AFrM THE VOT rr-- O=R$ by com*drg and OOV Wts foan with the persm raspoWble for remding 1110 1" " of tM mesting, who should iwzrjxn* the, form in the minutm. APPOINTED OFFICERS: AftMh you must gbsuin ftm voft in the siuntions, described above. you othe� May Pwficipate in these n1aftem NOW -Awl YOU must dIA0100 the nature Of tM 0WICt before mawrig my stiampt to influenca the decision, whelher orafly or in writing and wtOdW ff*ds by you or at your directiom IF YOU INTEND TO -MAKE ANY ATTEIVIK TO INFLUENCE THE DECISION PRIOR TO THE MEEnNG AT WHICH THE VOTE INILL 13E TAKEW you mmcDmpleta and rde this lorm (befwa meft any 3ftmPtjo Nuance the decision) wIth thO POWn rwP0ns'bI8 for mowdAV tM ngnutat ofthe meeft, who YAK inoorporate the form irk the rninutes. (Continued on other side) t 08/30/2001 11:03 5617458727 SHEEHAN REALTY --=naj�L. W1, . CIL A U: W3 I ulexxWq I APPOINTED OFFICERS (continued) - A copy of Ow form ffangbe provided kw*diatelylo the other members offt ager4y - Ttwtmm mug btt mad publi* atft nwd meeft aftr the form is filed, IF YOU KAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT By DISCUSSION AT THE MgEnNG� * You muid d6close orally the rahn of your coriffictin the masure before partidpating. PAGE 03 PAGE 3/3 - You must oomolete ftfbrm and file ItyAhin 15 days aft6r the vote occurs vAth the person responelble for recDrding ave minuW of the meeting, who must incorporate the fo= in the nftdes, A copy of ihe form must be pWded immediately to ft odw members of the agency. and the 16rm must be road pubdally at the next Meeting after the form is Mod. DISCLOSURE OF LOCAL OFFICEWS INTEREST 1. RICZARD C. SHEERM hweby&%closethaton— August 16 - 20 -a—.7 (a) A measUffl am* or win corne bokm aW agency W*h (check one) loafed to rny st VMft gain or losm: X inured to ft spe" gain or lo*s of my busirwss aas6date, ToTa Fr=kfi"g Frankelf2agne Homes — inured to ft special gain or kna of my relativ*, — irvured tot* special gain orload by vvtbom I am retahwd:. or inured to ft special gain or Im of Which I is ft parea orgaWation or subsidiary of a principal which has retained me. (b) The ffteSsure babe my aMcy and the natuM d My CWfficting interod In the measure Is as JbIlows: Extension of I.Q. Water Agreement commucement date to October 1, 2001, for the benefit of Frarxk;--1/Paoue Eloutes, a principal of which is Tom Frankol. I have a business associatiod with Tom Fr-inkel. August -50 2001 Dats Filed Z'4 Z' I Alwo "Signature Riciard .' C. Sheehan NOTICE- UNDER PRO\nSIONS OF FLORIDA STATU[TES §112.317, A FAILURE TO MAKE ANY REOURED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF TME FOLLOWING: IMPEACHMENT. REWVAL OR =PEMION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMMI), OR A CIVIL P84ALTY NOT TO EXCEED;10,&O. I M FORM 811 - E". UMM PAGE 2