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HomeMy WebLinkAboutDocumentation_Regular_Tab 7A_10/10/1996 q11:17171, 44 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 24, 1996 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesday, • September 24, 1996. The meeting was called to order at 7 : 01 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor Elizabeth A. Schauer, Joseph N. Capretta, Carl C. Hansen, and Michael R. Meder. Also in attendance were: Village Manager Thomas G. Bradford, . Village Attorney John C. Randolph, and Department Heads . Village Clerk Joann Manganiello was on vacation. II . INVOCATION AND PLEDGE OF ALLEGIANCE . Councilmember Hansen gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III . APPROVAL OF AGENDA The following additions to the agenda were requested: Councilmember Meder requested addition under ANY OTHER MATTERS of a question from North County Education Foundation for Village Council consideration, and a discussion regarding information in the Loxahatchee Council of Government' s report on water. Councilmember Hansen requested addition under ANY OTHER MATTERS of information regarding Halloween. • • Village Council Meeting Minutes September 24, 1996 Page 2 Councilmember Hansen made a motion to approve the Agenda as amended. Councilmember Meder seconded the motion. The vote on the motion was': Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) Tom Beddows, 39 River Drive, read into the record a letter which he stated had been forwarded to the Village Manager: I have been asked by many of my neighbors and friends that live in the Tequesta Country Club Community inform you of the following: We applaud the efforts that you and the Village of Tequesta have taken so far in the ENCON sewering issue. We strongly urge the Village of Tequesta to continue to take an active role by proceeding with the testing of private wells in the Tequesta Country Club Community as agreed upon. As the Board is well aware, contamination of the Loxahatchee River comes from many upstream sources, the least of which we believe are the existing well-maintained septic systems in the Tequesta Peninsula. I, along with every resident of the affected area that I have talked to, are strongly a forced sewer connection by ENCON.based on the incomplete and obviously inaccurate data from the flawed Harbor Branch Study. All the information that we currently have available indicates that septic systems along the river are not. contaminating the river, nor are private fresh water irrigation wells, as ENCON would have us believe. The message to ENCON should continue to be very loud 'and clear. Tequesta will not allow ENCON to proceed with this forced sewer conversion along with the destruction of our Village roads, without accurate data double checked by our own independent Village Council Meeting Minutes September 24, 1996 Page 3 testing. To attempt to force Tequesta's residents to pay for this apparently unneeded and unnecessary expense is absurd. Tequesta should continue to fight to protect its independence. One of the ENCON Board members, a Mr. Tommy Thompson, stated at the ENCON meeting when they voted to go ahead with this project, that Tequesta needed to be brought into the 21st century. We think that you would agree that such comments by elected officials are insulting and completely unprofessional . Tequesta is already in the 21st century, and does not need to spend $10,000 per household to satisfy Mr. Thompson's definition. Maybe Mr. Thompson will be brought into the 21st century when he realizes that the citizens of Tequesta will not allow an outside agency such as ENCON to ram a $10,000 per household unneeded expenditure down our throats without a fight. To us it is clear that the ENCON decision is political in nature, rather than based on true facts. They see Tequesta as a rich little town, with money available to them in this venture. And it is a venture. It's a business venture. We should proceed with the independent testing as soon as possible. We have more wells available to test than we need, and are ready at any time. Dr. Stanley Jacobs, 43 River Drive, explained that there was a rumor circulating that many people felt Tequesta should give in to ENCON and let them go ahead and install sewers in order to save litigation expenses; however, Dr. Jacobs indicated this was not the case and that a poll would show overwhelming opposition to sewers . Dr. Jacobs reported that $15, 000 had been allocated to Shalloway, Inc. , to do a preliminary study which allowed for a 25% contingency fee. Dr. Jacobs expressed his opinion that ENCON was a bureaucracy which was out of control, and commented that the Village Council represented all citizens of the Village; and also that there was a very good possibility of salt water intrusion by reducing the amount of water, which could affect Village wells and possibly the reverse osmosis system. Dr. Jacobs commented that time was very critical in this matter, and efforts must begin both to get Mr. DeMott re-elected and to carry out whatever measures the Village Council would mandate to stand up to ENCON. Dr. Jacobs stressed that the Village must not give in to the ENCON bureaucracy. Village Council Meeting Minutes September 24, 1996 Page 4 Carlton Stoddard, 106 Golfview Drive, commented that during his 21-year residency that the issue that had been the most potential damaging, disconcerting, and worrying to the people of Tequesta was the ENCON sewer issue. Mr. Stoddard commended the Village Council and the Village Manager for the resolute manner in which they had dealt with this matter. Mr. Stoddard reported that he was a member of the "Sewer Research Advisory Committee", a citizens' group which contained many people qualified to resolve this problem. The Committee had provided a report which indicated that top priority was accurate, accredited, and certified testing of wells, including wells located much nearer the river. The Committee believed that such tests could minimize the need for continuing litigation with the related expense. Mr. Stoddard offered the Committee's help to the Village in this situation. Howard Morton, 91 Fairview West, commented that he wished to hear a denial from the Village Council of the rumor that the Village was quietly going along with ENCON. Councilmember Meder commented that at the July 25, 1996 meeting the Village Council had unanimously voted to expend funds to fight ENCON' s intent to sewer the western peninsula of Tequesta, and stated that he did not believe anyone had done anything other than to work towards the goal of fighting ENCON and not to accede to ENCON in any way. Councilmember Meder pointed out that the 1991 Loxahatchee Council of Governments report, updated in 1995, contained an assumption at the bottom of one of the charts which Mr. Meder read as follows: Of groundwater removed via municipal wells, 40% is returned via sanitary sewers for recycling, 30% is returned to the water table via percolation, and 30% is lost to evapotransporation. Councilmember Meder cautioned according to this information that if the proposed sewer system was installed that 40% of the water now going into the ground to fight saltwater intrusion would be lost. Councilmember Meder commented that he agreed with the points made in the letter from the Sewer Research and Advisory Committee. Councilmember Hansen commented that he had been against ENCON L ' . Village Council Meeting Minutes September 24, 1996 Page 5 in their pursuit of installing sewers from the beginning and that if 40% of the water was lost so that saltwater intrusion could be a real problem, that indicated that the Village and ENCON should come up with real data as to what the result would be. Councilmember Hansen expressed his position that the Village Council should continue to fight ENCON on this issue, and requested a status report on the issue. Councilmember Capretta stated it was very clear that the Village Council was determined to keep ENCON from proceeding with their plans to sewer Tequesta against the wishes of the people, that the Council had voted to fight ENCON and had voted the necessary resources, and that any rumors to the contrary were unfounded. Councilmember Capretta indicated that the Village Council was absolutely convinced that there was no possibility that ENCON would change their position as a result of presentations or data provided by residents, no matter how qualified. Councilmember Capretta explained that in order to be cost effective, funds should be spent to correct the biggest sources of pollutants to the river, rather than to eliminate septic tanks, which were not among the top pollutants. Councilmember Capretta commented that the Village Council believed the Harbor Branch Study could only be overcome by a professional study by a firm equal to or better in stature than Harbor Branch, with a study massively greater in samples than the Harbor Branch study. Councilmember Capretta explained that the Village was going to proceed and that the Village Manager would provide information. regarding the schedule. Councilmember Capretta summarized his comments: 1 ) ENCON cannot be stopped except by a better study; 2) the Village is absolutely committed to it; and 3) the Village is on a schedule that will permit them to defend the plan of ENCON. Vice Mayor Schauer stated that she believed the Village should proceed against ENCON and that by taking them to Court it was hoped that a guarantee could be secured so that ENCON would not propose the same sewering in the future. Mayor Mackail commented that the rumors were only rumors and that the Village Manager had been moving forward with plans, however all plans could not be shared since ENCON would learn Village Council Meeting Minutes September 24, 1996 Page 6 the proposed strategy. Mayor Mackail stressed that the Village was committed in their position. Village Manager Bradford provided a handout containing a portion of the ENCON preliminary cost analysis report prepared by Shalloway, the consulting engineer hired by ENCON on July 18, 1996 when they had voted to proceed with sewering the Tequesta peninsula. The section provided covered the construction phasing and scheduling. Village Manager Bradford explained that Phase 1 did not include most of the Tequesta corporate limit area where Tequesta Country Club was located; however, Phase 1 did include Country Club Point and ten lots west of Country Club Drive. Tequesta Country Club was to be severed in Phase 2 . No construction was scheduled to begin until ten months from the July decision to sewer. An overlay of time needed to take the legal action contemplated by the Village, when placed over the construction schedule, indicated that initial court actions were many, many months in the future. Village Manager Bradford stated that the schedule indicated the Village should not be concluding their study, but should now be commencing a study. Since July, preliminary decisions had been made, the first of which was the decision by the Village Council to defend against the actions of ENCON. Numerous telephone conferences had subsequently taken place with the attorney on this case, Scott Hawkins, and with Jim Macon of Reese Macon and Associates, to do an outline of how to proceed. Also, internal decisions had been made with input from the Village Council which had concluded with the decision that the study would be done under the auspices of Attorney Hawkins' office and would be subject to attorney-client privilege, so that no one would be able to know the details of the study and it would be a part of the effort to defeat ENCON in court and at administrative hearing. Therefore, assuming ENCON followed their proposed schedule, Village Manager Bradford explained that it would be many months before residents would hear of any activities in a Court of Law, or by the Village Council if a permit should be requested, or before an administrative judge; however, it was time to commence serious work under Attorney Hawkins' guidance as part of the overall defense strategy against ENCON. Village Manager Bradford stressed that the residents would have to trust the • Village Council Meeting Minutes September 24, 1996 Page 7 Village since actions could not be made public. Councilmember Capretta reminded those present that the only reason the Village was willing to fight ENCON was that it was believed they had not proven their point; however, if true evidence revealed that septic tanks were actually polluting the river that he would be in favor of sewering. Councilmember Capretta reported that the Loxahatchee River Management Coordinating Council had spent an afternoon discussing reverse paddling, which was harming the river. Pert Towne questioned ENCON's position that they did not need to obtain a permit from the Village since during the 1970s the Village had given up the. rights to the Village roads. Village Manager Bradford responded that correspondence had taken place with ENCON on that subject; - that they did need a permit from the Department of Environmental Protection relative to extension of a sewer collection system; that also, according to the Village franchise agreement with them, they must obtain approval of the governing board of Tequesta or their designee prior to connecting a sewer system in Tequesta. Village Manager Bradford commented that a: a meeting, ENCON had indicated that they believed that portion of the franchise agreement had been signed away at some time in the past, however, the Village was unaware of any such action; and that ENCON' s need to obtain permission from the Village was one of the issues under dispute and could well end up in court also. Robert Steinberg, 194 Golfview, expressed his opinion that it would be no problem to refute the Harbor Branch study because only one point had been conclusively proved: that the water directly under the septic tanks tested was polluted, and that there was pollution in the river; however the two had not been connected. Councilmember Hanson asked whether there was a way to keep the residents informed during the legal process, to which the Village Manager responded that residents' should continue to call either him or Village Council members for general information, and that although specific details could not be given publicly that an announcement could be made if the Village filed suit, etc. Village Council Meeting Minutes September 24, 1996 Page 8 Peggy Virhoven, Point Drive, expressed her belief that sewering with low pressure would decrease rather than enhance property values. Dr. Stanley Jacobs commented that when the 3-2 vote was cast by ENCON that Mr. Ellis had said if data and other opinions were brought to them that they would reconsider. Dr. Jacobs . suggested that with data and consultants' opinions regarding that data and the Harbor Branch study, that Mr. Ellis might be persuaded to change his position, which would make the vote go the other way and save the expense of litigation. Dr. Jacobs suggested that this should be tried first before proceeding with litigation plans. Village Manager Bradford responded that this would be revealing strategy at a public meeting so that the Village could lose their position; however, the Village would keep that option open. V. PUBLIC HEARINGS A) Review of Proposed Village General Fund, Improvement Bond Revenue Fund, Community Development Special Revenue Fund, Capital Improvement Fund, Special Law Enforcement Trust Fund, Water Enterprise Fund, Refuse & Recycling Enterprise Fund and the Stormwater Utility Enterprise Fund for Fiscal Year 1996/1997. 1) Announcement of Proposed Millage Rate (6.4693) and Percent (3.96%) by which the Proposed Millage Rate Exceeds the Rolled-Back Millage Rate (6.2226) Both Mayor Mackail and Village Manager Bradford made the above announcement. Village Manager Bradford distributed a copy of the Budget Summary spreadsheet which had been published in the Palm Beach Post. 2) General Fund Village Manager Bradford reported that cash brought forward was $566, 614; revenue consisted of taxes of $2, 237, 985; Utility Taxes $521,310; Licenses & Village Council Meeting Minutes September 24, 1996 Page 9 Permits $10,500; Intergovernmental Revenue $616, 225, General Government Services $185,260, Fines and Forfeitures $54, 500; Miscellaneous Revenues of $51,715; Non-Governmental Inter-Fund Transfers of $356, 900; and Intra-Governmental Services of $163, 150. Total Revenues of the General Fund were $4, 197,545. Expenditures of the General Fund: General Government Services $762, 650; Public Safety $2, 573, 535; Physical Environment $4, 850; Transportation $471, 875; Culture and Recreation $209, 415; Debt Service $56, 660; Interfund Transfers $116, 500; Other Financing Uses 0, Total General Fund Expenditures totaled $4, 195, 485, with an estimated Fund Balance as of 9/30/97 of $568, 674 . 3) Improvement Bond Revenue Fund Village Manager Bradford reported that the Government Bond Revenue Fund had been created to account for revenue pledged for outstanding bonds of the Village. Cash brought forward was $39,733. Franchise Taxes $309, 400, Licenses & Permits $75, 000; Interfund Transfers $60, 300.Total revenues were $444,700. Expenditures consisted of Debt Service $141, 875 and Interfund Transfers $326, 000, making total expenditures $467,875 with Estimated Fund Balance as of 9/30/97 was $16, 558. 4) Community Development Special Revenue Fund Village Manager Bradford reported that this was a new fund created effective October 1, 1996 to account for building, zoning, planning, and occupational license programs in the Department of Community Development to make that department self sufficient financially. Revenues were Licenses and • Permits $468, 600; Inter-Governmental Revenues $24,790; Charges for Services $28,300; Miscellaneous Revenue $14, 000; and Interfund Transfers $59, 100, for total Revenues of $594,790. Expenditures totaled $275, 405, with an Estimated Fund Balance Village Council Meeting Minutes September 24, 1996 Page 10 9/30/97 of $319,385, primarily as a result of permit revenues from Tequesta Oaks Development. 5) Capital Improvement Fund Cash balance brought forward was $25,733; Miscellaneous Revenues $4, 000; Interfund Transfers $150, 000; Total Revenue for this fund was $154, 000. Expenditures: Capital outlay for paving projects $116,77094,508. The Tequesta Drive Widening Project cost was $22, 270; Parks & Recreation Improvements expenditures totaled $32, 500. Total Expenditures were $149,270. Estimated Reserves at the end of the Fiscal Year: $30, 463. 6) Water Enterprise Fund Village Manager Bradford reported the Water Enterprise Fund had a significant increase in expenditures and revenues this year because of the proposed reverse osmosis bond issue needed to expand the water treatment plant. Cash brought forward $822, 645; Charges for Services $3, 166, 900; Miscellaneous Revenues $76, 000; Other Financing Sources $5,040, 550. Total revenues were $8, 283, 450. Expenditures: Physical Environment $7, 927, 770; Debt Service $581, 105; Interfund Transfers $165, 000. Total Water Enterprise Fund Expenditures $8, 673, 875. Estimated Fund Balance at the end of the Fiscal Year $432,220. 7) Refuse & Recycling Enterprise Fund Village Manager Bradford explained that was a newly created fund to account for the cost of garbage and recycling and appeared as a non ad valorem assessment on the property tax bills for all non- commercial properties located within the Village. Charges for Services $294, 610; Miscellaneous Revenues $4, 450. Total Revenues $299, 060. Total Expenditures were $297, 380, which included a 3.2% Village Council Meeting Minutes September 24, 1996 Page 11 increase to Nichols Sanitation. Reserves at the end of the Fiscal Year: $1, 680. 8) Stormwater Utility Enterprise Fund Total revenues from Charges for Services was $198, 000, Miscellaneous Revenues was $2,500; and Interfund Transfer authorized by the Village Council from the General Fund was $41, 500, making the total revenues $242,000. Operating expenses were Physical Environment $181,580 and Interfund Transfer $60, 300; making Total Expenditures $241, 880. Estimated Reserves at the end of the Fiscal Year were $120. 9) Special Law Enforcement Trust Fund Village Manager Bradford explained that this fund balance brought forward of $2,729 was from Fines and Forfeitures obtained through drug related activities consisting of personal property confiscated within the Village, and could not be spent without a specific request from the Chief of Police and special approval by the Village Council . No expenditures were contemplated. Village Manager Bradford explained that the total amount proposed to be spent during the next Fiscal Year would be $15, 672, 999, assuming plans for bond proceeds for reverse osmosis proceeded as anticipated. The Village Manager recommended that the millage rate be maintained at 6. 4693 to assure sufficient revenues to begin building up the General Fund balance once again. 10) Village Council Comments Councilmember Meder commented that he agreed with building up the Village reserves; and pointed out that expenditures were 38. 8% higher than the previous year with very little increase in taxes. In response to Councilmember Hansen's question Village Council Meeting Minutes September 24, 1996 Page 12 regarding the $7 collected each month in connection with the Jupiter water dispute, Finance Director Kascavelis explained that those funds were presently approximately $300,000, not included in the budget. Councilmember Capretta commented that income from property taxes was approximately 55% of total revenue, and that according to a recent newspaper article, less than 1/3 of Jupiter' s property taxes paid for their budget, the rest of which was from other sources, including over $5,000, 000 from their water fund, which was why they were very interested in increasing water prices. Vice Mayor Schauer commented that she liked the spreadsheet format. Mayor Mackail commented that Tequesta' s budget had been consistent each year and had kept pace with COLA and inflation, and complimented staff on the budget. 11) Public Comments There were no comments from the public. 12) Resolution No. 40-95/96 - Providing for Levying a • Millage Rate of $6,4693 per $1000 of Taxable Valuation (6.4693 mills) for FY 1996/1997. Village Attorney Randolph read Resolution No. 40- 96/96 by title only. Vice Mayor Schauer made a motion to approve Resolution No. 40-95/96. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Village Council Meeting Minutes September 24, 1996 Page 13 Michael R. Meder - for The motion was therefore passed and adopted. 13) Resolution No. 41-95/96 - Providing for the Adoption • of the Village Budgets for FY 1996/1997, Commencing October 1, 1996. Village Attorney Randolph read Resolution No. 41- 96/96 by title only. Councilmember Hansen made a motion to approve Resolution No. 41-95/96. Councilmember Meder seconded the motion. ' The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. VI . CONSENT AGENDA All items listed with, an asterisk (* ) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. The following items were listed on the Consent Agenda: VII. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board; July 31, 1996 *B) Village Council Meeting; September 12, 1996 *C) Village Manager's Report; September 9, 1996 - September 20, 1996 Village Council Meeting Minutes September 24, 1996 Page 14 Motion was made by Vice Mayor Schauer to approve the Consent Agenda as submitted. The motion was seconded by, Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted and the Consent • Agenda was approved as submitted. VIII . COMMITTEE REPORTS A) Public Works Committee; September 5, 1996 Village Manager Bradford reported the primary purpose of this meeting had been to review potential recreation programming at the new Tequesta Recreation Center in conjunction with the YMCA. Village Clerk Manganiello, Public Works and Recreation Director Preston, and Mr. Robert Giese of the YMCA had reviewed an outline of the proposed lease agreement with the YMCA. Items discussed included the lease agreement, name recognition on the Recreation Center and on a bus, discussion regarding budgeting and accounting for revenues and responsibility for specific items, agreement to review budgets at year end, and to share profits or losses equally. Startup funding for equipment needed would come from the former $6, 000 annual Village subsidy for the summer camp program. The YMCA was willing to administer and coordinate rental of the facility. The recreational survey and the use of that information by the YMCA to determine programs desired by residents was discussed. A non-resident fee higher than the resident •fee was set for services and programs. Village Manager Bradford stated that the basic findings of the Committee for Village Council consideration was that the Committee Village Council Meeting Minutes September 24, 1996 Page 15 recommended that .the Village pursue entering into a lease agreement with the YMCA for them to run the recreational programs offered to the public from the Village Recreation Center, with the details to be worked out by Village Staff and attorneys for both parties. Also, the Committee had reviewed a Memorandum of Understanding to . be used by the Village to rent the Recreation Center for special activities such as weddings and parties. The Committee made several changes to the agreement, which had then been forwarded to the Village Attorney for review. Village Manager Bradford explained that the Memorandum of Understanding contained a fee schedule based on whether the user was a not for profit or a for profit group, and resident or non-resident. The Committee had recommended implementation of the Memorandum of Understanding as of October 1, 1996, upon completion of the new roof. Other matters discussed were landscaping around the Village Hall area which had been requested to be cleaned up around the vacant property located next door to the Village Hall . Mr. Preston reported that work had to be temporarily halted on the Recreation Center roof so that the October 1 date might not be possible. Building Official Scott D. Ladd explained that the present roof was not designed to carry the weight of the air conditioners needed, so that adjustments would have to be made. Village Manager Bradford explained that approval of the Committee report by the Village Council would approve recommendations made by the Committee, including implementation of use of the Memorandum of Understanding effective October 1, 1996. In response to Councilmember Hansen questions, Village Manager Bradford explained that the fee structure had been based on certain usage assumptions so that it was hoped to break even; and that it was anticipated that the YMCA would administer affairs held at the facility, however details needed to be worked out. • Village Council Meeting Minutes September 24, 1996 Page 16 Motion was made by Counci1nber Hansen to approve the report of the Public Works Committee for September 5, 1996. The motion was seconded by Vice Mayor Schauer. The vote on the motion was: . Ron T. Mackail - for • Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. B) Public Safety Committee, September 16, 1996 Village Manager Bradford verified with the Village Attorney that the. minutes of the Public Safety Committee meeting were correct in stating that Chairman Capretta' s failure to vote was the same as an affirmative vote. Village Manager Bradford reported that Police Chief Allison and Lieutenant Garlo had provided an overview of the alleged DUI enforcement program, wherein it was learned there, was no special program other than one of the officers had received an award from M.A. D. D. for a high number of arrests. Also reviewed was the underage drinking enforcement program in which the Police Department periodically placed an officer posing as a clerk in a store selling alcoholic beverages, and then arrested underage drivers at the point of purchase rather than after they were driving and drinking. The Committee reviewed the reporting format for ongoing • traffic counts on Country Club Drive to establish a history of traffic data over time, and recommended a specific spreadsheet format submitted by Police Chief Allison. A review of the Police Department manpower analysis was conducted in order to consider whether to expand the number of personnel per shift in the future. A discussion was held regarding the Certificate of Necessity (CON) for the Fire Rescue Department, which had been changed from a two to a four-year license. Fire Chief Weinand advised the' Committee of concerns and Village Council Meeting Minutes September 24, 1996 Page 17 rumors regarding the Jupiter Medical Center. Preliminary figures were reviewed of the revenue which would be generated in the event that Tequesta entered the transport business. Preliminary indication was an annual profit of approximately $19, 000. Purchase of two ambulances and some equipment would be needed; however, the service could be operated with existing personnel. The committee had voted to recommend to the Village Council that Tequesta apply for the CON license for four years to transport patients . Another Public Safety Committee had been scheduled for later in the week to further review figures and discuss concerns. Village Manager Bradford cautioned that applying for the transport license could preclude the opportunity to apply for the ALS non-transport license, which was the license currently held by the Village. Councilmember Capretta stated that the Public Safety Committee meeting would be held Thursday at 5 P.M. , and also commented that the community was changing and that Lieutenant Carlo had come up with several innovative programs to meet the needs of teenagers. Councilmember Meder explained another program discussed at the meeting, which was the First Offender program which allowed teenagers with no prior offenses to qualify with parental consent to be tried by a jury of their peers, who had historically dealt out punishment more severe than would have been given by the County court; however, if the teenager performed all of the sentence satisfactorily, his arrest was deleted from the Court records. Councilmember Meder expressed his opinion that the police bike patrol was not used as much as he would like because of understaffing, and recommended that the Committee closely scrutinize the reports received from the Police Department and consider how to expand police presence on the streets. Councilmember Meder reported there had also been a discussion at the Public Safety meeting regarding communication from Neil Vander Waal, President of Tequesta Country Club, regarding the Village Council Meeting Minutes September 24, 1996 Page 18 minimum property standards ordinance, and indicating that the majority of the people in Tequesta Country Club were not opposed to the installation of sewers but that their primary concern regarding the sewers was the cost of the sewers and another possible fiasco with ENCON such as had occurred in the late 1970s or early 1980s. Councilmember Meder commented that he questioned that there was objective growing support for sewers in the Country Club, since he believed the people who had spoken in support of sewers were closely related to people who worked for ENCON, and cautioned that he believed the report to be spurious. Councilmember Hansen commented further that Mr. Vander Wall, on behalf of TECCA, had wanted the Village to conduct a survey in the community, and expressed his opinion that the meeting minutes were a bit ambiguous since the Committee had clearly indicated that if Mr. Vander Waal wanted a poll of who wanted sewers and who did not, that TECCA would have to do that poll themselves. Councilmember Hansen stated he had since spoken to Mr. Vander Wall, who was in total agreement with the position that the Committee had taken, and that TECCA planned to place questions in their newsletter for a poll of their residents regarding their position on sewers. Councilmember Hansen indicated that the Village would receive the results of that poll in the next couple of weeks. Councilmember Hansen requested that clarification be made in regard to the minutes of the Public Safety Committee. that the Committee had clearly indicated that if Mr. Vander Waal wanted a poll conducted regarding who wanted sewers and who did not, that TECCA would have to do that poll themselves. Mayor Mackail questioned Lieutenant Garlo regarding whether the Police Department was experiencing staffing problems in being able to use the bike patrol, to which Lieutenant Garlo responded that currently it was believed that staffing was adequate; however, review of staffing would be ongoing in order to address any problems . Village Council Meeting Minutes September 24, 1996 Page 19 Motion was made by Vice Mayor Schauer to approve the report of the, Public Safety Committee for September 16, 1996. The motion was seconded by Councilmember Hansen. During discussion of the motion Councilmember Meder questioned whether the motion included correction of the minutes, to which Mayor Mackail responded that Mr. Hansen' s comments had been noted by the Recording Secretary. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for • Michael R. Meder - for The motion was therefore passed and adopted. • IX. DEVELOPMENT MATTERS A) Special Exception Use Public Hearing and Site Plan • Review, Landscape Ordinance No. 377 Waiver Request, and Variance Request for a 61.3 Sq. Ft. Free-standing Sign, in lieu of 60 Sq. Ft. as Required by Code. Mobil Oil Corporation, 764 U.S. Highway One North. MDM Engineering for Mobil Oil Corporation. (A Quasi- Judicial Hearing) 1) Swearing-In of Witnesses, if required. Village Manager Bradford. conducted the swearing in of Building Official Scott D. Ladd, and Mobil Oil representatives Todd Pressman, Ronald D. Lange, and Simon Chirikjnin. 2) Testimony of Witnesses and Cross Examination if any; and 3) Disclosure of 'Ex-Parte Communications Building Official Scott D. Ladd provided an overview Village Council Meeting Minutes September 24, 1996 Page 20 of the project, and explained that Mobil wanted basically the same items which the Village had approved for Exxon on this location--a field service facility, convenience store, and attended car wash. Mr. Ladd commented that the architectural style was Mediterranean, and showed the Village Council a sample of the proposed roof tile. Mr. Ladd explained that the Special Exception was for the use, which would be erection of a convenience store, gas islands, a car wash using 100% reclaimed water, a canopy over the gas islands, underground tanks, and trash enclosure, which staff had determined met special exception criteria. Building Official Ladd explained that the Village Council would need to decide whether this was an appropriate use in the C-2 Commercial District. A variance was also requested for the size of their corporate sign since one of their existing signs was only slightly larger than the Village Code requirement of 60 square feet . Only one landscape waiver was requested, for deletion of the 4-foot planting strip on the front and side of the convenience store. Mr. Ladd explained that the project was located at the southwest corner of the entrance to Tequesta as one was coming from Martin County on U.S. Highway One. Todd Pressman, Clearwater, Florida, representative for the applicant, introduced Ron Lange, Permit Project Manager, and Simon Chirikjnin, who would be the owner of the proposed facility. Mr. Pressman reviewed an artist's rendering of the project, and pointed out that the roof and the landscaping were upgraded from usual Mobil facilities, and that this project was intended to be a first class location. Mr. Pressman reviewed the landscape waiver request which was to place three large round terra cotta planters at strategic locations in lieu of the 4- foot landscape strips along the building front and side in order to provide sufficient room for large Village Council Meeting Minutes September 24, 1996 Page 21 trucks to enter and maneuver safely in order to deliver gas. Mr. Pressman described the signage issue, which he explained was approximately only a one square foot difference. Mr. Pressman commented that this use was typical for the type of zoning district in which the project was located, and that extensive work had gone into the site plan to meet as many requirements as possible. • Councilmember Meder questioned the placement of the layout on the property, to which the response was that different configurations had been proposed but that this one allowed the most compliance with Village requirements, including meeting setbacks, and the provided the best traffic flow. In response to Councilmember Meder's question regarding the usage of a specific portion of the property, Mr. Lange explained that the area was a drainage retention pond. Mr. Lange explained that the 60' tanker truck needed a larger access, which had been approved by DOT. Councilmember Meder commented that the location of the Village of Tequesta sign was not the same on the plan as in the rendering, and expressed concern that it was too far from the road. Mr. Lange explained that he had worked with Building Official Ladd regarding the location of the sign, which had been moved from its previous location in the middle of the retention pond. Mr. Ladd explained that visibility was an issue. Mr. Lange pointed out that the FPL poles would obstruct the Village sign if it were closer to the road. Mayor Mackail stated he would like to see the poles moved so that they would not obstruct the view of the Village sign. Mr. Pressman commented that Mobil was willing to work with the Village. Discussion ensued, after which Village Manager Bradford explained that poles which held up traffic signals could be relocated at minimum cost and that the Village had a franchise agreement with FPL under which they would relocate poles at the request of the Village. Councilmember Meder requested that an Village Council Meeting Minutes September 24, 1996 Page 22 easement be required so that the signage desired by the Village would be possible. Village Manager Bradford stated that the easement must be multipurpose at the discretion of the Village. Mr. Ladd explained that the Village would provide Mobil with the dimensions of the easement when available. Councilmember Meder inquired whether the retention pond was large enough to handle runoff from the property. Mr. Lange assured Mr. Hansen that it was of sufficient size, and explained that if it were not that a permit could not be obtained from DOT. Mr. Hansen inquired whether a special fast lane for gas only was planned, to which the response was that pumps would have a pay-at-the-pump feature. This would be a much larger store than the Hobe Sound location, and would sell gasoline and diesel fuel . Parcel B had been added by Exxon and was a part of the land purchased by Mobil . DOT had approved a 30 foot access in order to accommodate the gasoline delivery trucks. Mr. Ladd reported that the County had not been interested in turn lanes at the present time. Village Manager Bradford inquired why a Mobil would be considered for this location with another Mobil station only a mile away, to which Mr. Lange responded that this would not be a Mobil station, but a car wash facility and convenience store which would sell Mobil gas. Vice Mayor Schauer was • assured that all landscaping was fully irrigated with an automatic system. Mr. Ladd responded to Councilmember Meder that Community Appearance Board had not reviewed this project. 4) Findings of Fact Based Upon Competent Substantial Evidence a) Motion to Approve/Deny Special Exception Use b) Motion to Approve/Deny Variance for Free- • Standing Sign of 61.3 sq. ft. In Lieu of 60 sq. ft. As required by Code. c) Motion to Approve/Deny Site Plan. Village Council • Meeting Minutes September 24, 1996 Page 23 • d) Motion to Approve/Deny Landscape Waiver Request. Councilmember Meder made a motion to approve the Special Exception with Site Plan Review and Variance for the sign and the landscape waiver with the condition that the applicant grant to the Village an easement satisfactory to it, to accommodate the Village of Tequesta sign and to relocate other poles as necessary. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. IX. NEW BUSINESS A) Resolution No. 42-95/96 - Providing, on a Temporary Basis, that Firefighters of the Village of Tequesta May Serve Temporarily as Trustees for the "Employees Pension Trust Fund" in Place and Instead of a Representative of the Police Officers and a Representative of the General Employees of the Village, said Firefighters to Serve Only Until a Representative from the Police Officers and a Representative from the General Employees of the Village of Tequesta are Eligible and Willing to Serve as Trustees; Providing an Effective Date. (Staff Recommends Approval) Village Attorney John C. Randolph read Resolution No. 42-95/96 by title only. Village Manager Bradford commented that this provision would allow firefighters to serve on the newly created board until such time as representatives from the Police • Village Council Meeting Minutes September 24, 1996 Page 24 Officers and general employees were available, so that a functioning Board could be available as soon as possible. In response to Vice Mayor Schauer's question whether this had been discussed with Mr. Sharpless, Village. Manager Bradford explained that Mr. Sharpless had been a member of the former Board, and hopefully this new Board would appoint him as a member also. Councilmember Hansen made a motion to approve Resolution No. 42-95/96. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. H) Ordinance - First Reading - Designating Fire Chief as Tequesta Civil Defense Director. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance on First Reading by title only. Councilmember Meder made a motion to approve the above Ordinance upon First Reading by title only. Councilmember Hansen seconded the motion. The vote on • the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for • Joseph N. Capretta - for • Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. C) Ordinance - First Reading - Repealing Ordinance No. 515 Village Council Meeting Minutes • September 24, 1996 Page 25 of the Village; Amending the Code of Ordinances at Chapter 2, Article IV, Relating to Boards and Commissions by Creating a New Division 2, Providing for the Appointment of a Special Master to Hear Code Enforcement Matters; Providing for Code Enforcement Procedures; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. ((Staff Recommends Approval) Village Attorney Randolph read the above Ordinance on First Reading by title only. The Village Attorney explained that the difference in this ordinance and the previous ordinance was that in this one the fine system was removed, with which the Special Master had not been comfortable. Attorney Randolph suggested that this ordinance be used for awhile and if a fine system was desired that it could be added later; and reported that the City of Lantana had recently removed the fine system from their ordinance. Councilmember Capretta commented • that Mayor Golonka of Jupiter would not pass their budget as long as it included the Code Enforcement report to the police. Village Manager Bradford explained that Code Enforcement had been a division of the Jupiter Department of Community Development, and Mayor Golonka, a professional planner, did not agree that it be removed from that department. Village Attorney Randolph commented that under this ordinance, the Village Council would approve the Code Enforcement Officer, which could be done at the time of second reading if desired. Vice Mayor Schauer made a motion to approve the above Ordinance upon First Reading by title only. Councilmember Meder seconded the motion. The vote on the motion was: - Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for i Village Council Meeting Minutes September 24, 1996 Page 26 Michael R. Meder - for The motion was therefore ,passed and adopted. D) Resolution 43-95/96 - Approving an Automated Clearing House (ACH) Agreement with Barnett Bank of Palm Beach County and Authorizing the Village Manager to Execute the Same on Behalf of, the Village. (Staff Recommends Approval) Village Attorney John C. Randolph read Resolution No. 43-95/96 by title only. Councilmember Meder commented that this was a great thing. Councilmember Hansen questioned whether this agreement was only with Barnett Bank or whether other banks could be used. Village Manager Bradford explained that the employee could use any financial ,institution, but the agreement was between the Village and Barnett Bank because that was where the Village banked; Barnett Bank would " give the directive from the Village to transfer to another bank. • Councilmember Meder made a motion to approve Resolution No. 43-95/96. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for • Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. E) Resolution 44-95/96 - Amending Village Budgets for Fiscal Year 1995/1996. (Staff Recommends Approval) • Village Attorney John C. Randolph read Resolution No. 44-95/96 by title only. Village Council Meeting Minutes September 24, 1996 Page 27 Village Manager Bradford explained that approval of this Resolution would provide funds needed to close out the Fiscal Year. Councilmember Hansen made a motion to approve Resolution No. 44-95/96. Councilmember Meder seconded the motion. The vote on the motion vas: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. F) Discussion Relative to a Visioning Process for the Village or Neighborhoods/Portions Thereof. • Village Manager Bradford explained that Councilmember Hansen had suggested at the last Village Council meeting that the Village engage in a visioning process to set forth objectives for the community for the next century. As Councilmember Hansen had stated, the visioning process did not necessarily entail spending money and was not necessarily related to current business plans, such as the Village Council priorities or the Comprehensive Plan. Village Manager Bradford reported that there were a number of visioning plans available and that he had provided to the Council a Management Information Service Report on Community Visioning so that they could get an idea regarding what some other communities had done. The Village Manager explained that the charrette for Tequesta Plaza and Bridge Road was actually a form of community visioning relating to specific properties and focused primarily on architectural and site planning. Village Manager Bradford suggested that staff be authorized to make amendments to Mr. Hansen's written statement regarding visioning, which would be published in Smoke Signals, to make it appear as though it was spoken to the Village Council Meeting Minutes September 24, 1996 Page 28 community at large, so that thought could be stimulated within the community regarding things residents might like to see accomplished in the years ahead. Village Manager Bradford also suggested that direction be given regarding planning a charrette, which would then be brought back to the Village Council for final approval. Councilmember Meder commented that the first objective mentioned in the visioning article provided by the Village Manager was the reason he had run for the Village Council, which was to encourage broad participation to reflect inclusion, diversity, and community empowerment, and he was delighted to see that goal was shared. Councilmember Meder questioned how Mr. Hansen's statement would be edited, stated that he would like input and that the other Councilmembers should have input, and suggested a workshop. Village Manager Bradford commented that he was thinking of editing the statement only to change from first person to third person. Vice Mayor Schauer suggested only the main topics be included. After ensuing discussion, Councilmember Hansen requested his name be omitted. It was the consensus of the Village Council that Village Manager Bradford write an article on visioning which would include the fact that the Village Council was interested in conducting a visioning process, which would be provided in draft form for review by each Councilmember. After changes were incorporated into the article it would then be published in an upcoming Village newsletter. Mayor Mackail commented that the Village had matured and should be matured in their involvement process only; and the charrette would bring a lot of people together and create a lot of ideas about the future of the Village. Mayor Mackail stated that personally he would like to see more cultural activities, improved landscaping with new developments, and community service. Councilmember Hansen commented that he believed the people were close in their thinking in what they needed and wanted and therefore he believed it would be easier for Tequesta to Village Council Meeting Minutes September 24, 1996 Page 29 do a visioning process than for some neighboring municipalities where there were many diverse ideas regarding how things should be done. Mayor Mackail spoke in support of the charrette. Councilmember Capretta discussed different approaches to get people to contribute ideas, and related that he was currently involved in a group trying to accomplish participation, where the focus was on small groups of eight or ten people in order to get everyone to participate and to include people who were against everything in order to get negative ideas. Councilmember Capretta explained that in a group of one hundred people a few people would dominate, so that half the people would not get a chance to speak; therefore, results from that group would be entirely different than if you had taken the same one hundred people broken down into groups of ten. Councilmember Capretta explained that he believed the community used to have far more common interests than at present since it was rapidly changing from a retirement community to include many younger residents with children. Councilmember Capretta commented that retired people did not want changes made. Councilmember Capretta stated he was not sure the charrette should be done the same way as the last one, because he wanted a plan which was realistic and could be implemented; that the same people always attended Village meetings; that he wanted a way to hear from the silent majority; and that the same people would come to the charrette that attended the last one. Councilmember Meder commented that if you do the same thing you cannot expect to get different results; therefore, the Village should look carefully at how to set up the charrette and find a way to reach out to citizens who. do not attend meetings. Councilmember • Hansen expressed his desire to see the silent majority come out and participate in meetings and in the visioning process. In response to Mayor Mackail's comment that people would fill the Village Hall if an announcement were made that taxes were going up drastically, Councilmember Capretta stated that people Village Council Meeting Minutes September 24, 1996 Page 30 -many times became involved for negative reasons, however, positive input was wanted. Betty Nagy commented she had been attending Village meetings for six years, and expressed concern that homeowners who were not a part of a homeowners association were made to feel like second class citizens since only homeowners associations were notified of special meetings. Mayor Mackail explained that every meeting was posted in newspapers and outside the Village Hall, that the only people the Village could contact were those in organized groups, and that every individual homeowner could not be contacted. Ms. Nagy explained that groups of individual homeowners were being organized which would have block captains, who could be contacted, Mayor Mackail commented that he would like to alternate day and night meetings in order to make the meeting times convenient for different people. Peggy Virhoven commented that she had attended the Public Safety meeting but had had to leave before the discussion of minimum property standards. Ms. Virhoven expressed her opinion that the book had been closed on that issue and should remain closed; that the Special Master should be given a chance to operate for a year, and that minimum property standards might be reconsidered after that period of time; and that homeowners associations whose time had expired should reorganize and should take care of their own problems. Ms . Virhoven stated that homeowners not in an association were free and would not give up that freedom because Tequesta Country Club needed a blanket HOA. Village Manager Bradford commented that it was incorrect to assume that subject was limited to Tequesta Country Club, but that the ordinance would apply city-wide. The Village Manager commented that Tequesta's property standards were very minimal compared to other county municipalities and the Village code book contained only approximately 5 pages relating to that subject; and that the Special Master would do nothing to enhance the v ` Village Council Meeting Minutes September 24, 1996 Page 31 levels of codes and ordinances which addressed specific property standards. Village Manager Bradford stated that it would be discovered that through proper code enforcement, the quality and character of the community could be maintained and that it would not be limited strictly to one subdivision, but should be throughout the entire community. Hugh Elliott discussed the Harbor Branch study and his discussion regarding that study with Mr. Thompson of the ENCON Board. Mr. Elliott commented that Mr. Thompson and Mr. Ellis would not discuss the matter with him further. Mr. Elliott stated he was upset because the Village Council had made a decision to do something about the sewers and it had taken a month to get something started. Mr. Elliott agreed it was proper to keep the Village' s actions secret, but stressed that testing must begin, because data might indicate that the Village was wrong. Mr. Elliott reported he was conducting a test on his own property. Mr. Elliott produced a jar containing a black substance which he could not identify, but which he suspected might be produced from the IQ water going onto the golf course. Mr. Elliott stressed that testing needed to be started because a starting base must be established. Mayor Mackail assured Mr. Elliott that the Village was heading in that direction, but must take advice from their attorneys and must follow the legal process. Mr. Elliott also commented that the drug problem in the Village was bad, and reported a problem he had had which he had discussed with the Police Chief. Mayor Mackail questioned Lieutenant Garlo regarding that situation; however, Lieutenant Garlo was unaware of any problem. The Mayor requested that Lieutenant Garlo discuss the matter with Chief Allison so that Mr. Elliott could be • provided with a comfort level. • XI. ANY OTHER MATTERS Councilmember Meder reported he had been requested by the r � Village Council Meeting Minutes . September 24, 1996 Page 32 ' North County Education Foundation to ask the Village Council whether the Village would be interested in recommending that children from Tequesta Oaks and all elementary students living east of. the FEC railroad tracks to attend Jupiter Elementary School instead of Limestone Elementary. Vice Mayor Schauer commented that all of the other schools were at capacity and Jupiter Elementary needed help for their PTO, and that this concept had really been her suggestion. Councilmember Meder clarified that all of the other elementary schools were over capacity and Jupiter Elementary was almost at capacity. Councilmember Meder explained that he was not in favor of the proposal and would not want to send any Tequesta children to any school other than Limestone Creek. Vice Mayor Schauer explained there might be a problem with Limestone Creek being able to accommodate the number of children who might live in Tequesta Oaks. Village Manager Bradford commented that such an action would endanger one of the few things which unites the community, and he would prefer to leave things as they were, since the School Board had long-range plans . to build an elementary school in conjunction with the Martin County School Board serving Tequesta and Southern Martin County. • Vice Mayor Schauer made a motion that Tequesta' s elementary school children stay at Limestone Creek Elementary School and not be redirected to any- other elementary school. Councilmember Meder seconded the motion. During discussion of the motion, Vice Mayor Schauer explained that the School Board would be deciding boundaries so that any decision by the Village Council would not apply. The vote on the motion was: • Ron T. Mackail - . for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for • Michael R. Meder - for the motion was therefore passed and adopted Councilmember Meder reported he had attended a meeting Of the Village Council Meeting Minutes September 24, 1996 Page 33 Loxahatchee Council of Governments, where a discussion had been held regarding a possible project about North County stormwater resources during the coming year. Councilmember Meder had obtained a copy of their report regarding North County water resources. Councilmember Meder explained that charts were provided throughout the report regarding water sources, where the water went, and who used it, and beneath each chart was a sentence stating: Graphics by Town of Jupiter Water System. The book, originally published in 1991 and updated in 1995, discussed Tequesta's plans for future use of water, and also provided a chart showing Tequesta's future water usage. Councilmember Meder explained that ENCON was also a signatory to the document. Village Manager Bradford commented that this document would be helpful in the administrative hearing. Councilmember Hansen requested that Lieutenant Garlo provide information regarding the Halloween activities planned for children by the Police and Fire Departments. Lieutenant Garlo explained that the Police and Fire Departments would host an event in order to create a safe place for the local children to trick-or-treat, that it would be held between 6: 30 and 8 P.M. on Halloween evening, either inside the Village Hall or at the rear of the building. Vice Mayor Schauer suggested that the Tequesta Recreation Center would be a good place to hold this event. Lieutenant Garlo • explained the event would be announced closer to •Halloween. XII. ADJOURNMENT Councilmember Meder moved that the meeting be adjourned. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for Village Council Meeting Minutes September 24, 1996 Page 34 __ • the motion n� herefore passed and_a_dopted and the_meeting was adjo rrntd..st- 10:25 P.M. • --- - _ Respectfully submitted, • Betty Laur Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: