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HomeMy WebLinkAboutMinutes_Regular_09/21/1999• VILLAGE OF TEQUESTA Post Office Box 3273 • 250 Tequesta Drive • Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 21, 1999 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 21, 1999. The meeting was called to order at 7:06 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 Carl C. Hansen, Councilmember Joseph N. Capretta, and Councilmember Basil Dalack. Also in attendance were: Village Manager Thomas G. Bradford, village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Councilmember Elizabeth A. Schauer was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Joseph N. Capretta gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Village Manager Bradford requested that the asterisk be eliminated on Agenda Item V (B)(1), since this could not be a consent item. Recycled Paper VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 2 --------------- Vice Mayor Hansen made a motion to approve the Agenda as amended. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COM~[JNICATION FROM CITIZENS Betty Nagy, 26 Shay Place, questioned what had been damaged in the storm, to which Village Manager Bradford responded that Dover Ditch had suffered erosion and damage to the dam and concrete banks, estimated at $100,000. Russell von Frank, 489 Dover Road, commented that one should not criticize a neighbor until one had walked a mile in his shoes. V. PUBLIC HEARINGS A) Review of Proposed village General Fund, Improvement Bond Revenue Fund, Community Development Special Revenue Fund, Capital Improvement Fund, Capital Projects Fund, Bond Construction Fund, water Enterprise Fuad, Refuse and Recycling Enterprise Fund, Stormwater Utility Enterprise Fund, Pension Fund(s) and Special Law Enforcement Trust Fund for Fiscal Year 1999/2000. 1) Announcement of village of Tequesta Proposed Millage Rate (6.7305) and Percent (2.82) by which the Proposed Millage Rate Exceeds the Rolled-Back Millage Rate (6.5460) VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 3 --------------- The Mayor announced the Village of Tequesta Proposed Millage Rate {6.7305) and Percent (2.82) by which the Proposed Millage Rate Exceeds the Rolled-Back Millage Rate (6.5460). 2) General Fund village Manager Bradford commented that the General Fund was the only fund that uses property taxes as a revenue source, and provided a synopsis of the General Fund, as follows: Revenue from Taxes $3,280,600; Licenses & Permits $10,665; Inter- Governmental $633,395; Charges for Services $277,993; Fines and Forfeitures $56,000; Miscellaneous Revenue $93,670. Non-Revenue: Inter- • Fund Transfers $444,555; Intergovernmental $247,811. Total Revenue $5,044,689; Fund Balance as of 10/1 estimated to be $1,205,365. Expenditures of the General Fund: Council Operating Expenses $24,476; Manager s Office: Personal Services $241,587, Operating Expenses $18,660, Capital Outlay $2,900. Personnel Division $57,681; Clerk s Office $36,475; Finance Department $229,510; Legal Services $115,000. Other General Government $646,917; Total General Government $1,373,206. Police Department Expenditures Administration Division $310,845. Communication Division Expenditures $225,415. Compliance Inspection Division $85,525. Investigative Division Expenditures $72,215. Patrol Division Expenditures $953,025. Total Police Department Expenditures $1,647,025. Emergency Disaster Relief - Civil Preparation $7,668; Fire Rescue Service $1,055,289; EMS Division $234,558; EMS Transportation $43,090. Fire Rescue Department Total $1,332,937. Total Public Safety $2,987,630. Public Works Department $382,822; Health Services $4,850; Culture/Recreation $272,209; Non- • VILLAGE COUNCIL bD;ETING MINUTES September 21, 1999 PAGE 4 --------------- Expenditures for Other Financial Uses $40,628. Total Expenditures in the General Fund $5,061,345. 3) Improvement Bond Revenue Fund village Manager Bradford reviewed the Improvement Bond Revenue Fund, a fund used for accounting purposes to account for revenues pledged in the 1994 Revenue Bond Issue used for major improvements within the Village: Franchise Fees $363.615; Licenses & Permits $82,000; Miscellaneous Income $1,700; Inter-Fund Transfers $60,300; Expenditures $507,615; Total Revenue and Fund Balance $568.016. 4) Community Development Special Revenue Fund • Village Manager Bradford reviewed the Community Development Special Revenue Fund: Licenses & Permits $244,600; Inter-Governmental $15,000; Governmental Services $23,300; Miscellaneous $37,700; Non-Revenue Transfers $59,100; Total Revenue $379,700; Reserves $822,476. Expenditures in the Fund were Administrative Division $85,679; Protective Inspections Division $203,396; Inspection Division $52,562. Total Building Department Expenditures $341,637. 5) Capital Improvement Fund Village Manager Bradford explained that the Capital Improvement Fund was used to account for major capital outlays not related to the Utilities Department. Revenues in the fund were Miscellaneous $7,300 and Inter-Fund Transfers $237,500. Total Revenue $244,800; Fund Balance as of 10/1/99 $28,210. Expenditures: Annual Paving Projects (Carryover) $39,350; Seabrook Road Improvements South (Carryover) $25,000; Country Club Drive Landscaping $60,000; Swale Construction • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 5 --------------- $70,000; Seabrook Road South Design $5,000; Seabrook Road Pathway South (Carryover) $19,000; Total Revenue and Fund Balance $273,010. 6) Capital Projects Fund Village Manager Bradford explained that the Capital Projects Fund was created to account for preliminary expenditures associated with the Public Safety Facilities project and the Central Business District Redevelopment activities of the Village, prior to permanent financing. Revenues from Other Financial Sources $2,603,586; Fund Balance on 10/1/99 $1,778,095. Expenditures for Capital Outlays for Central Business District Redevelopment $675,000; Architectural & Engineering $101,250; Contingency $67,500. Total Capital Outlay relative to the Public Safety Facilities $1,496,980. Debt Service to be paid by the Village $262,856. Total Expenditures $2,603,586. 7) Bond Construction Fund Village Manager Bradford explained that this fund was created to account for 1994 bond construction projects which had all been completed and that pending Village Council approval of this budget the fund would be closed during 1999/2000 since it was no longer needed. 8) Water Enterprise Fund Village Manager Bradford explained that the water Enterprise Fund was used to account for Water Utility operations. Revenues: Charges for Services $3,604,021; Miscellaneous Revenues $205,200; Non Revenue $2,410,366. Total Revenue $6,219,587. Net Working Capital on 10/1/99 $6,219,587. Expenditures: Pumping/Storage Division (which • VILLAGE COUNCIL b~ETING MINUTES September 21, 1999 PAGE 6 --------------- collects water at wells and transmits to water treatment plant)$1,569,012; Distribution Division (which oversees water from the plant to the customers' homes) $333,609; Office & Administration $659,310. Total Operating Expenses of the Water Enterprise Fund $2,561,931. Sinking Fund (created to pay Debt Service on Reverse Osmosis Plant) $526,175. Renewal & Replacement $84,315; Capital Improvement $129,800; 1998 RO Bond Construction Capital Outlay $2,365,566; Other Financial Uses $336,800; Inter-Fund Transfers $215,000. Total Expenditures of the water Enterprise Fund $6,219,587. 9) Refuse and Recycling Enterprise Fund • village Manager Bradford explained that the Refuse and Recycling Fund had been created to account for the revenues and expenditures associated with the Village's collection of garbage, yard waste, trash picked up twice a week for residences. Revenues were from assessments to residential properties, which were lower this year. Commercial properties were billed directly by Nichols Sanitation, based on dumpster size and frequency of pick-ups. Cubic yard tipping fee paid to Nichols had been reduced 38~. i) Single-Family Home Solid Waste Collection Services Assessment - $89.52 ii) Multi-Family Home Solid Waste Collection Services Assessment - $89.52 Village Manager Bradford reviewed the revenues of the Fund: Refuse and Recycling Fees $220,427; Interest received from Palm Beach County Tax Collector $700; Miscellaneous Revenue $4,000; and Interest Income $2,050. Fund Balance $48,302. • VILLAGE COUNCIL NEETING MINUTES September 21, 1999 PAGE 7 --------------- Expenditures: Solid Recycling $68,289; $35,179; PBC Tax Miscellaneous $6,87( Fees $4,060. Total Balance $48,302. Waste-Residential $103,467; Yard Waste - Residential Collector Fees $9,312; Administrative Management Expenditures $227,177; Fund 10) Stormwater Utility Enterprise Fund village Manager Bradford explained that the Stormwater Utility Fund had been created several years ago to meet State and Federal mandate requirements: National Pollutant Discharge Elimination Permitting Program, to provide funds to build new flood control systems, to repair existing flood control systems and effect repairs to the • systems. i) Equivalent Residential Unit(ERU)Assessment* - $77.75 *One ERU is 3,576 square feet of impervious surface . village Manager Bradford explained that this assessment represented approximately 4.5~ increase over last year. A small single family unit would be assessed $50.54; a medium single family unit $77.75; and a large single family unit $101.08. A multi-family unit $65.31; condominium units $52.09, and commercial, industrial and governmental properties would be assessed based upon the square footage of impervious area divided by the square footage of an ERU. Revenues in the Fund were $250,800 from Stormwater Utility Fees; Interest Income $10,500; Dover Ditch • Jupiter Reimbursement $3,840; Transfer from General Fund $16,656. Total Revenues $281,796; Fund VILLAGE COUNCIL b~ETING MINUTES September 21, 1999 PAGE 8 --------------- Balance Allocation $90,000; Fund Balance on 10/1/99 $314,408. Expenditures for Personal Services $21,991; Operating Expenses $63,875; Capital Outlay - Fairview Drainage Modification $43,630; Golfview Drive Drainage Repairs $50,000; Country Club Drive Drainage Extension $42,000; Bridge Road Drainage Improvements $90,000. Transfer to the Improvement Bond Revenue Fund $60,300. Total Expenditures $371,796. 11) Pension Fund(s) The Village Manager explained that there were three pension funds: Fire, Police, and General Employees. Revenues for the Firefighters Pension Fund came from interest earnings, insurance premiums from the State of Florida, and employer and employee contributions. Total Revenue was $302,659 with a Fund Balance of $1,023,102. Expenditures of the Fund were for operating expenses for professional services totaling $23,040. The General Employees Pension Fund, created January 1, 1996, was the smallest of the three funds and was for a much smaller number of people. Total Revenue $38,508; Fund Balance $60,816. Expenditures: Operating Expenses for Professional Services $768. village Manager Bradford explained that revenue sources for the Police Pension Fund were from interest earnings, insurance premiums from the State of Florida, and employer and employee contributions. Total Revenues: $71,530; Fund Balance $119,454; Professional Services Expenditures $1,792. • Village Manager Bradford explained that there were VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 9 --------------- no retirees in any of the funds which was why expenses were low at this time. 12) Special Law Enforcement Trust Fund The Village Manager explained that expenditures from the Special Law Enforcement Trust Fund could only be used upon special request by the Police Chief. Source of funds for this Trust Fund, totaling $6,675, were derived from confiscation during drug busts. No expenditures from the fund were proposed. 13) village Council Comments Councilmember Dalack questioned whether • Councilmembers had a "line item veto" for specific budget items, to which the response was negative. Councilmember Dalack questioned whether the special law enforcement trust fund was in an interest bearing account, to which the response was affirmative. Councilmember Dalack questioned the source of funds to retire debt for capital projects, to which Village Manager Bradford responded all other revenues except property taxes. Councilmember Dalack questioned whether there was an accounting procedure to determine where the funds deposited in the general fund had originated. Village Manager Bradford indicated the amount of real estate tax revenue could be distinguished from other income. Councilmember Dalack questioned how the village was funding acquisition of Tequesta Plaza property and capital projects, to which Village Manager Bradford responded funding would initially come from the NationsBank line of credit. Discussion ensued. Councilmember Dalack commented the taxpayers were paying for the project, and • questioned whether the $90,000 listed for Bridge Road improvements was in addition to the • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 10 --------------- approximately $1 million already earmarked for Tequesta Plaza. village Manager Bradford explained that the $90,000 was additional and was for drainage improvements; and had been in the 10-year program before there was a Tequesta Plaza project. 14) Public Comments There were no comments from the public. 15) Adoption of Proposed Millage Rate: Ordinance No. 544 - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for Levying a Millage Rate of $6.7305 per $1,000.00 of Taxable valuation for the Fiscal Year 1999/2000; Providing • an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read Ordinance 544 on second reading. Vice Mayor Hansen made a motion to approve Ordinance No. 544 on Second Reading. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for The motion was therefore passed and adopted. 16) Adoption of Tentative village Budgets: Ordinance No. 545 - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for the • Adoption of the Budgets for the Fiscal Year Commencing October 1, 1999; Providing an Effective • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 11 --------------- Date. (Staff Recommends Approval) Village Attorney Randolph read Ordinance No. 545 on Second Reading. Vice Mayor Hansen made a motion to approve Ordinance No. 545 oa Second Reading. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - against The motion was therefore passed and adopted. B. Review of Pro osed Developers Agreement Between JMZ P Tequesta Properties, Inc. and the Village of Tequesta Relative to the Tequesta Village Center Master Site Plan. 1) Resolution of the village Council of the Village of Tequesta, Palm Beach County, Florida, Approving A Developers Agreement Between JMZ Tequesta Properties, Inc. and the Village of Tequesta Relative to Tequesta Village Center Master Site Plan and Authorizing the Village Manager to Execute the Same on Behalf of the village.(Staff Recommnends Approval) (To be Voted on at the Second Public Hearing - Tuesday, September 21, 1999) Director of Community Development Scott D. Ladd explained that this was the second public hearing for this developers agreement, required by the Village Council as a condition of their 8/12/99 site plan approval. Mr. Ladd reported that revisions requested at the first public hearing • had been incorporated into the agreement, and reviewed additional minor changes. Changes were to • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 12 --------------- substitute the word "owners" in place of "JNtZ" on page one of the developer's agreement in item 3 (A) In item 3 (B) at the top of the second page, add the wording "and by the owners" at the end of the sentence. In item 4 (B) on the second page, re-number the last item from (vi) to (vii), and add: (viii) private schools; (ix) private clubs; (x) hotels; and (xi) ACLFs. Item 4 (H) on page 3 of the agreement: change "village Council" to "Department of Community Development"; and add wording that "Any given Sign shall not exceed 16 square feet". In Item 5 (A) change may to s hall and delete "(at JMZ's expense)". There were no comments from the Village Council or from the public. Village Attorney Randolph read Resolution No. 54- 98/99. Vice Mayor Hansen made a motion to approve Resolution No. 54-98/99 with the chaages as read by Director of Community Development Scott D. Ladd. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - against The motion was therefore passed and adopted. VI. CONSENT AGENDA All items listed with as asterisk (*) are considered to be routine and will be enacted by one motion. There will be ao • separate discussion of these items unless a Village Couacilmember so requests, in which event, the item will be • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 13 --------------- removed from the Consent Agenda of Busiaess aad considered in its normal sequence on the Agenda. Mayor Mackail read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board Meeting Minutes, August 4, 1999; *B) Village Council Meeting Minutes, August 12, 1999; *C) Special Village Council Meeting Minutes, September 2, 1999; *D) Special village Council Meeting Minutes, September 3, 1999; *E) Village Managers Report: August 30, 1999 to September 17, 1999 • IX. NEW BUSINESS *A) Resolution No. 55-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Proposal from CADD Centers of Florida, of Ft. Lauderdale, Florida, for one Hewlett-Packard 1055CM Plotter per the Metro Dade County Contract #1569-2/0 in the amount of $11, 147.00, Having a FY 98/99 Community Development Special Revenue Fund Budget Allocation of $12, 000.00 and a FY 98/99 Stormwater Utility Fund Budget Allocation of $2,530.00 and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) *B) Resolution No. 56-98/99 - A Resolution of the Village Council of the village of Tequesta, Palm Beach County, Florida, Approving a Proposal From Acordia Southeast, of west Palm Beach, Florida, for . Property, Liability, and Workers' Compensation Insurance in the Amount of $192, 634.00, Having a FY VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 14 --------------- 99/00 Budget Allocation From Various Funds of the Village in the Amount of $222,008.00 and Authorizing the village Manager to Execute the Applicable Proposal on Behal f of the village. (Staff Recommends Approval) *C) Resolution No 57-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Authorizing the Village Manager to Conduct the Necessary Elections Applicable to Tequesta Pursuant to the Requirements of HB 261 and to Coordinate the Same With the Board of Trustees of the Employees Pension Trust Fund of the Village of Tequesta. (Staff Recommends Approval) • Motion was made by vice Mayor Hansen to approve the Consent Agenda as submitted. The motion was seconded by Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for The motion was therefore passed aad adopted. VIII. DEVELOPb~NT MATTERS A) Consideration of Request for a Time Extension to the Ninety (90) Days Required by the village Council at the June 10, 1999 village Council Meetiag, to Submit a Site Plan Modification/Special Exception for Improvements oa the Additional Parking Lot to McCarthy~s Restaurant located at 195 Tequesta Drive, Tequesta, Florida. Gary • Van Brock, Applicant. VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 15 --------------- Director of Community Development Scott D. Ladd announced that Gary Van Brock was out of town and that Mr. McCarthy was present to answer any questions. Mr. Ladd reviewed the request, and explained that at their January 14, 1999 meeting, the Village Council had granted a 4-month grace period to their condition of approval to submit a site plan modification/special exception application for the parking lot curb cut for McCarthy's Restaurant's additional parking area. The parking lot was to be purchased from Gary Van Brock and attached to McCarthy's Restaurant by Unity of Title. A request for an extension was received prior to the May 1999 Council meeting, which was the deadline for the applications. Gary Van Brock refused to sell the parcel to the McCarthy's, as he had previously agreed, due to the Village's reluctance to allow ingress/egress over the parcel after the sale. At • the June 10, 1999 Village Council Meeting, the Council granted Gary Van Brock ingress/egress over the parcel at the request of the McCarthys. The Village Council required that an application for site plan modification/special exception be submitted within a 90- day period. Gary Van Brock had now requested an additional extension to the seven months which he had already been granted to submit an application for site plan modification/special exception. Mr. Ladd explained that it was believed the sale of the property was close. Mr. McCarthy stated he had a verbal agreement for sale and was waiting for Gary van Brock to present a contract. It was reported that Mr. George Gentile had been retained by Mr. Van Brock to do the landscaping plans, which were almost finished. Mr. McCarthy stated he would like this project finished by December 15, 1999. Mr. Ladd confirmed that an extension would not have an impact on the village. Councilmember Capretta commented Mr. van Brock was concerned about egress from his remaining land on the corner and would like egress on the other side of the old Webster's Restaurant. Mr. Ladd commented Mr. Van Brock did not want to lose ingressjegress of the parcel e for hed the Villa h t d g approac no a he was selling, but • VILLAGE COUNCIL NESTING MINUTES September 21, 1999 PAGE 16 --------------- • approximately a year regarding any development plans for his remaining land. Councilmember Capretta commented that Mr. Van Brock had indicated he would sell land to both McCarthy~s and Webster's for parking if the Village would let him put up a strip mall on the corner, to which the Village would not agree. Councilmember Capretta expressed amazement that Mr. Van Brock was asking for another time extension. Discussion ensued regarding the appropriate time for an extension. Councilmember Capretta commented he would agree to a 60-day extension. Mr. McCarthy commented that when he got the land he could proceed quickly. vice Mayor Hansen commented that the Village Council had been very cooperative with McCarthy~s restaurant, was concerned about their parking, wanted to help him get additional parking, and were getting impatient with the delays. Mr. Ladd verified that the current extension had expired on September 9, 1999. Councilmember Capretta made a motioa to grant another time extension to Gary Van Brock for sixty (60) days frown tonight (September 21, 1999) until November 21, 1999. Vice Mayor Hansen seconded the motion. The vote on the motioa was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for The motion was therefore passed and adopted. • IX. NEW BUSINESS D) Consideration of Mediation Agreement Between Tequesta, Loxahatchee River District, Bermuda Terrace and Pine Tree Concerned Citizens and the Loxahatchee River Political Committee Resolving Current and Potential Legal Actions and other Issues Related to the Proposed Seweriag of the VILLAGE COUNCIL NESTING MINUTES September 21, 1999 PAGE 17 --------------- Tequesta Peaiasula. Village Manager Bradford reported that a mediation session had been held on September 9, 1999 to try to seek resolution of issues relating to the proposed sewering. Participants had been the Village, ENCON, Bermuda Terrace, Pine Tree, Loxahatchee Political Committee. The Village had been represented by Vice Mayor Hansen, village Manager Bradford, and Attorney Scott Hawkins. ENCON was represented by Richard Sheehan, Chairperson, Board of Directors; Richard Dent, Executive Director, Attorney Curtis L. Shenkman, and Attorney Timothy Gaskill. John Dreith was the authorized representative for Bermuda Terrace and Pine Tree Concerned Citizens. Representatives for Loxahatchee River Political Committee were Sharon Walker, Treasurer, and Steve Walker, Advisor. village Manager Bradford explained that the agreement must be agreed to by the Village, ENCON, Bermuda Terrace/Pine Tree Concerned Citizens, and the Loxahatchee River Political Committee. At their Board meeting the following night, the ENCON Board would consider the matter. Village Manager Bradford reviewed the following points of agreement drafted from the mediation session: A. Resource Protection Action Strategy 1. The propased dewatering project is only part of a comprehensive approach that is needed to address river pollution, ground water quality, and other natural resources in the Loxahatchee River Basin. The group confirmed their commitment to the following principles. a. Reduce pollution of the river from all sources. b. Protect groundwater quality and quantity. • VILLAGE COUNCIL MEETING MINOTES September 21, 1999 PAGE 18 --------------- c. Seek a fair sharing of the burden for the costs compared to the environmental benefits--lower cost-benefit ratio. d. Provide leadership and coordination for an integrated approach to all sources of pollution, that will include a cooperative government-citizen study. 2. EIVCOIV and Tequesta agree to work together to assure that there is an integrated action strategy for natural resource protection. Richard Dent, Tom Bradford, and Steve Walker will prepare an action strategy for adoption by the Tequesta Village Council and the ENCON Board within 30 days that may include: a. Working for adoption of Wild and Scenic Stormwater management plan before the Loxahatchee River Management Coordinating Council. b. Joining together to lobby the SFWNID and Department of Environmental Protection to take critical measures to protect the basin, alsa involve other local governments in a coordinated effort. c. ENCOIV support for Tequesta's Stormwater Utility and jointly encouraging more expenditure for environmental enhancements. d. Implementing or advocating for the implementation of appropriate recommendations of the DEP Eco-system Management Plan. e. Support the North Palm Beach County Water . VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 19 --------------- Management Plan, especially the C-18 discharge provisions. Gather data to get action by the SFW1~ID. Tequesta will support such action without becoming a party to that specific plan. f. Tequesta Council financial participation in environmental education and research with ENCON. g. Providing sewers for both Tequesta Peninsulas (East and West) to fairly share the responsibility for pollution prevention, including the Hunt Club, Turtle Creek, Cove Point, and Jupiter in the Pines. Provisions shall be similar on the east and west sides of the roads proposed for sewering. h. Jointly working on revision of the septic tank replacement sequencing plan for Tequesta and areas within the boundaries of ENCON's District. B. Low Pressure System 1. sewering for the project sha11 use 1ow- pressure technology. Alow-pressure system is preferred over a gravity system for reasons that include the following: a. Lower cost. 30-40~ less ($4,900 vs. $8, 000) b. No dewatering required and no related potential for salt water intrusion. c. Less inconvenience and mess. The construction of the gravity system could VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 20 --------------- require ditching in depths of up to 12 feet, and much greater width of ditches, disruption of traffic, water retention from dewatering, etc. d. No pumping stations, a gravity system would require permitting and siting 4 - 5 pumping stations. e. Shorter construction time. f. Less on-site disruption. Sma11 pipes used in a low-pressure system can be placed around structures and plantings. Larger pipes for a gravity system must be placed deeper, sometimes in very deep . large ditches with less flexible placement. g. Concern about reliability appears to be minimal, contrary to some stories that have been circulated. Short-term power outages do not affect the system. The current 300 customer units on low pressure have only had two pump failure in 15 years, and these were fixed in a timely manner by ENCON. Service is available 24 hours a day every day. Some reported failures have been where sump pumps are used, which is a completely different type of equipment from the grinder pumps used in the Zow-pressure system. h . Appearance and noise problems have been overstated. Pumps are placed 6 feet in the ground and only have an approximately 30-inch diameter cover at the surface that can be screened by Landscaping. • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 21 --------------- i. ENCON will provide a 10-year guarantee on the pumps and auxiliary equipment and be responsible for replacing them during that time. C. Costs and Responsibilities 1. ENCON will seek the Lowest responsible price, in accordance with ENCON's purchasing procedures, from a qualified contractor who will be bonded and insured. 2. ENCON will pay 10~ of the capital costs for engineering and construction. 3. The "regular assessment" to the property owner • for capital costs shaZ1 not exceed $4,800. ENCON also agrees to finance $800 of the property owner's on-site construction costs called the "Low Pressure On-Site Assessment." In combination, the assessment to the property owner will be $5, 700 or less. 4. The combined assessment may be financed over 20 years at a rate not to exceed 7~ (potentially as low as 5.75$ only for construction contracts that are executed prior to 2/20/00). ENCON will take all reasonable steps to execute aZ1 contracts prior to 2/20/00. It should be noted that planning, engineering design, permitting and placement for bid for the second phase might not be possible before that date. The final interest rate may be a blend of the rates for each phase. There will be no pre-payment penalty for the homeowner and no due-on-sale clause for the homeowner. The assessment will be on • the non-ad-valorem tax bill. • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 22 --------------- 5. ENCON will provide a $500 subsidy of the connection fee for homes constructed before April, 1981. Village Manager Bradford recalled that this was money ENCON received from EPA grants in late 1970's or early 1980's. 6. ENCON will provide free inspections of on-site hookups and waive the septic disposal fee for final pumping of septic tanks - approximately a $50 vat ue to the property owner. 7. ENCON will pre-qualify on-site hook-up contractors to assure low price hook-up fees. 8. ENCON will arrange for equity loan packages • for hook-up and connection fees with local lenders. 9. A11 Tequesta ratepayers will pay the same quarterly rate that ENCON charges outside Tequesta. 10. ENCON and Tequesta will jointly pursue grants, especially for low-income property owners. 11. ENCON will use the Palm Beach County Environmental Control Hearing Board to process hardship cases. 12. Property owners will have 12 months to connect to the system after the system has been completed and declared available by the ENCON Governing Board, in accordance with Florida Statutes. 13. Tequesta Circle and Golf Club Circle will benefit by the same financial incentive provisions specified in the modified "R~.yer • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 23 --------------- First Resolution" that deletes specific paragraphs related to continued legal challenges and is consistent with the points in this mediation agreement. 14 . ENCON shall involve 1 ocal governments, including Tequesta, in the process of revising the septic tank replacement strategy for areas east of I-95 and as a second priority to study areas west of I-95. Z5. ENCON and Tequesta shall author a joint letter to the Tequesta Peninsula property owners explaining the reasons for using the 1ow- pressure sewer system. 16. ENCON agrees to send representati ves to attend public meetings held by Tequesta to discuss the technical aspects of the low-pressure sewer system. D. Construction Planning and Construction 1. when Tequesta Village Council approves the mediation agreement it shall constitute final approval of extension of the sewer system within the corporate limits of Tequesta upon the Tequesta Peninsula and meets the requirements of Tequesta Ordinance 209 and applicable rules and regulations of Tequesta. 2. ENCON will meet informally with Tequesta DRC staff an construction plans and reply to reasonable requests; in Zieu of the formal DRC and Tequesta procedures. 3. Tequesta agrees to modify their comprehensive • plan to allow sewers consistent with this agreement. • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 24 --------------- 4. No special exception public hearing or site plan review will be needed for the Zow- pressure system on the Tequesta Peninsula. 5. ENCON will amend the "Rivers First Resolution" to remove the clauses arising due to the continued legal challenges and is consistent with the points in this mediation agreement. 6. ENCON will make all reasonable efforts to commence construction on or before 2-20-00, so the 5.75 rate on assessments will be utilized. 7. ENCON will provide construction information materials to homeowners prior to construction. This will include details of construction, homeowner, contractor, and ENCON responsibilities, and liabilities, and a projected timetable for construction. 8. ENCON will hold periodic progress meetings as may be needed. 9. ENCON will provide property owners with the choice of the location of their connection point . 10. ENCON will repair drives, mailboxes, sod, and other improvements damaged during construction. E. Further Litigation and Legal Challenges 1. The parties to the mediation agree to dismiss pending Litigation and not initiate new legal challenges related to this sewer project. A1Z parties agree not to pursue future personal Zitigation against any persons involved in and VILLAGE COUNCIL b~ETING MINUTES September 21, 1999 PAGE 25 --------------- arising out of the Writ of Mandamus Lawsuit. Parties also agree to actively participate with any other party to the mediation, if there is a third party legal challenge concerning the central sewer system on the Tequesta Peninsula. Each party wiZ1 not seek reimbursement in Court of (Each side will cover their own) attorney fees and costs in Zitigation. Village Manager Bradford explained that was the proposed agreement and that he had also distributed an analysis of the gravity compared to low pressure system showing costs and a breakdown of estimated construction assessment costs based upon what he had been able to garnish from Mr. Dent over the past few days, and that he felt fairly comfortable with those numbers. Village Manager Bradford commented that the low pressure system would come as a surprise to many residents; however, it had been analyzed by those representatives present at the mediation and was felt to be the best cost; it side-stepped all of the environmental issues that Tequesta had been fighting to preserve and protect, such as salt water intrusion, which was not a risk with a low pressure system; and there would be no dewatering. The village Manager explained that Tequesta had challenged ENCON's current dewatering permit, which allowed ten million gallons per day. Village Manager Bradford advised the Village Council that it was believed ENCON had given the Village everything they were going to and their meeting was the next night; so that if the village did not approve an agreement at tonight's meeting the odds were favorable that there would be no agreement from ENCON. Vice Mayor Hansen commented that this had been a long fight, and that he had attended many court cases and ENCON meetings. The Vice Mayor explained that in the . mediation the ENCON people had not been arrogant, that it had been a different group, and that everyone had come • VILLAGE COUNCIL FETING MINUTES September 21, 1999 PAGE 26 --------------- together to have something for everyone. The Vice Mayor stated he had been pleased with the mediation, that changes had been made, and that the main issue had been the type of sewers. Vice Mayor Hansen stated he strongly endorsed this agreement as proposed, and believed ENCON had gone as far as they would go. Vice Mayor Hansen and Councilmember Dalack asked to hear from the citizens. Patricia Drasner, Gulfstream Drive, commented she did not believe septic tanks were polluting the river; however, urged that this agreement be approved and thanked the representative who had been involved in the mediation. Vincent Amy, 56 River Drive, complimented the representatives on an excellent job, urged the village Council to approve the agreement, and stated his belief that this was the only alternative. Joe Hall, 159 Country Club Drive, commented he had many questions regarding low pressure systems. Mr. Hall expressed concern regarding corrosion if a unit was dormant for awhile, small capacity of storage, loss of power incapicating the system. Mr. Hall commented that the statistics used were provided by ENCON and expressed regret that this seemed to be the only solution. Mr. Hall commented it was a small cost difference for a gravity system over the long term. Mr. Hall commented ENCON had not been arrogant because they had gotten everything they wanted. Mr. Hall questioned whether there would be gravity sewers on two ends of his street with low pressure in the middle. Village Manager Bradford responded the map of the peninsula showed where ENCON planned gravity sewers based on their current dewatering permit and all other areas were proposed by ENCON for low pressure, and their current plan for Mr. Hall's property was low pressure regardless of what was decided about the mediation agreement. Councilmember • Capretta commented that even if the village insisted on gravity sewers that ENCON only planned gravity for part • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 27 --------------- of the area. Village Manager Bradford explained that the chart showed current plans, and if the Village insisted on 100 gravity that ENCON would agree. Village Manager Bradford explained that the other handout provided contained the language that would be used if the Village insisted on 100 gravity sewering. The Village Manager read aloud the following wording which would be utilized in the event that 1008 gravity sewering decided upon: B. sewering System Decision-Making The mediation group recognizes the low-pressure and gravity systems have pros and cons and that the project residents should have an opportunity to compare the options and express their preferences. There is an agreement to the following process: • 1. The Village of Tequesta will hold one or more workshops for project residents and develop a system evaluation brochure to assist project residents to make an informed assessment of the system options. Project residents will be asked to rank the acceptability of system options. 2. The Village of Tequesta will consider the preferences expressed by the project residents and the technical information and formulate a sewer system recommendation to ENCON by October 30, 1999. 3. ENCON will implement the project using the sewering system recommended by the Village of Tequesta. C. Costs and Responsibilities • 3. The "regular assessment" to the property owner for capital costs shall not exceed $4,900 for ~LAGE COUNCIL FETING MINOTES September 21, 1999 PAGE 28 a low-pressure system or $8,000 for a gravity system. ENCON also agrees to finance $800 of the property owner's on-site construction costs called the "Low Pressure On-Site Assessment". In combination, the assessment to the property owner will be $5, 700 or less for the low-pressure system. Councilmember Capretta commented the representatives who attended mediation became convinced during the process that low pressure was better than gravity. Councilmember Capretta commented he believed most residents wanted gravity sewers, but questioned whether there was time to receive input from the residents, and there were very few residents present who lived in the Tequesta Country Club. The President of TCCCA, Mrs. Hansen, commented that she could not speak representing the TCCCA residents because they had not taken a poll. Councilmember Capretta commented he had wanted an ENCON representative to attend tonight's meeting to answer the question regarding the low pressure system not working during power outages. Councilmember Capretta stated his desire to hold meetings with residents to educate them on the pros and cons of each system but questioned whether ENCON would grant time, and commented that if the proposed agreement was approved at tonight's meeting there would be a backlash. Tim Goldsbury, 20 Tradewinds Circle and President of the Property Owners Association, representing approximately 76 homes, commented their association did not believe septic tanks were polluting the river, did not believe ENCON had proved it, and did not know what ENCON had done thus far to improve the river. Mr. Goldsbury questioned whether ENCON would provide total maintenance of the proposed system, and commented that six years ago 90+~ of their residents were against low pressure. Mr. Goldsbury • stated his opinion that the residents should vote on this issue, and stated their association preferred a gravity • VILLAGE COUNCIL bDsETING MINUTES September 21, 1999 PAGE 29 --------------- system. vice Mayor Hansen responded that gravity sewers required lift stations which needed electrical power to operate, so both types of systems would suffer during power outages. Russell von Frank, 489 Dover Road, commented that only 800 out of over 5,000 village residents ere affected by the sewering issue; and if the $400,000 spent on fighting the issue had been spent on the sewer system it would be done. Mr. Von Frank urged the Village Council to make a decision tonight. Wade Griest, 494 Dover Road, commented half of Tequesta's homes already had sewers and questioned how the new system would affect existing sewers, to which village Manager Bradford responded they would remain the same. • Mr. Griest commented that 23 years ago sewers were to be installed on his street, however, it was never done. Vincent Amy expressed concern that gravity sewers would require a large amount of dewatering which would impact village wells in the shallow aquifer. Mayor Mackail questioned whether dewatering would affect the RO system, to which Mr. Amy responded it would not; and Councilmember Dalack questioned whether low pressure would have the least impact on the environment, to which Mr. Amy responded affirmatively. Joha Dreith, representative for the Bermuda Terrace/Pine Tree Drive Concerned Citizens Group, thanked the Village Council and staff for supporting the people in fighting the sewering project, stated their group had been fighting sewers because they did not believe their septic tanks were causing pollution, but it was now time to move on. Mr. Dreith expressed concerns regarding the dewatering that would be necessary to install gravity • sewers and explained that many concerns about low pressure systems had been caused by information from VILLAGE COUNCIL STING MINUTES September 21, 1999 PAGE 30 --------------- other areas which would not be the same here, that low pressure would not cause the streets to be torn up or irrigation wells to go dry, and there would be no disruption of emergency services. Mr. Dreith urged approval of the agreement at tonight's meeting. Sharoa walker, Treasurer of the Loxahatchee River Political Committee, stated she had represented 2,499 other people at the mediation, that she had spent two years talking to people, and that the residents had gotten a lot more in this agreement which applied to the Tequesta peninsula and not just two neighborhoods. Mrs. Walker explained that the environment needed to flourish because of mankind's existence, and gravity sewers would not allow that to happen because of the amount of destruction that would be caused by dewatering. Mrs. • walker stated ENCON had made a lot of concessions, and she was afraid that waiting another 30 days to finalize an agreement would cause them to withdraw some of their concessions. Mayor Mackail thanked everyone for their time and efforts on this issue. Councilmember Dalack stated he was grateful for the contributions made by the residents and that he was satisfied the representatives spoke for the people they represented. Councilmember Dalack stated he was in favor of the least harmful impact to the environment, which seemed to be a low pressure system. Councilmember Capretta commented that he would approve the agreement if ENCON would agree to educate the residents regarding this issue, and that he believed many people would not understand the village Council approving the agreement. Mayor Mackail commented that the best protection of the environment and the community was desired, and success had been experienced with low pressure systems. Mayor Mackail stated he would support low pressure in order to move forward, and that • dewatering was a major issue that he believed would create serious problems. • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 31 --------------- Councilmember Dalack made a motion to approve the mediation agreement that was arrived at on September 9th. Vice Mayor Hansen seconded the motion. During discussion, Couacilmember Capretta requested that Councilmember Dalack add to his motion that education of the residents would take place. Councilmember Dalack stated that Couacilmember Capretta could amend the motion. Village Manager Bradford advised that was already in the agreement. The vote on the motion was: Ron T. Mackail - against Carl C. Hansen - for Joseph N. Capretta - against Basil Dalack - for The vote resulted in a tie. Discussion ensued. Village • Manager Bradford explained that the alternate language he had distributed as a handout called for one or more workshops for the residents, a brochure to hand out in order to make a decision would be developed, residents would be asked to rank the acceptability of the system options, and the village would consider the preferences expressed by the project residents and the technical information and formulate a recommendation to ENCON by October 30, 1999. Village Manager Bradford explained that the Tequesta Village Council would then have a feel for the preferences of the residents but would still make the final decision. village Manager Bradford commented if the residents were overwhelmingly is favor of gravity that the agreement would remain the same except for gravity instead of low pressure. Councilmember Dalack commented that if the Village did not submnit something to ENCON that litigation would continue, which the Village Manager verified. Couacilmeanber Dalack suggested approving the agreement with the exception of the type of severing to be installed. Village Manager Bradford explained that the handout did that, and contained . language that both parties would not continue litigation. Couacilmember Capretta commented he would support a • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 32 --------------- deadline for a decision of October 15 instead of October 30, and that only a couple of weeks would be needed to educate the residents, and he would support low pressure unless the response was overwhelmingly in favor of gravity sewers. Mayor Mackail commented he supported low pressure but residents did not understand the concept and favored education of the residents. Mr. Dreith explained that he and Mrs. walker had hoped to hold tows meetings for education of the residents at the Presbyterian Church after approval of the mediation agreement, but would work with the Village Council and help them. Mayor Mackail stated the Village Council agreed with low pressure, and suggested a workshop to present options. Councilmember Dalack questioned whether both Mrs. walker and Mr. Dreith had received approval of the mediation agreement from their constituents, to which the response was • affirmative. Councilmember Dalack restated his motion to approve the mediation agreement with the exception that the method of severing would be what the Village Council votes upon after receiving input from the citizens of Tequesta at a public forum. Village Manager Bradford stated if the mediation agreement was approved as submitted with the changes in the handout that would give until October 30 but could move faster. Discussion ensued. It vas suggested that the Village Council make their decision at their October 14 meeting. Attorney Randolph stated that the motion vas to approve the agreement as read by Mr. Bradford with the modification as set forth in the 9/20/99 letter with John Dreith~s name at the top, modifying the letter only to change the October 30 date to October 15. Councilmember Dalack stated approval of the motion, and asked that Attorney Randolph re-state the motion. Village Attorney Randolph re-stated the motion as • follows: The motion vas to approve the agreement discussed at mediation as read by Mr. Bradford this • VILLAGE COUNCIL b~ETING MINUTES September 21, 1999 PAGE 33 --------------- evening, modified by the 9/20/99 memorandum to Doha Dreith by substituting October 15 in item 2 for October 30. village Manager Bradford commented there were four parties to the agreement; therefore, Mr. Dreith and Mrs. walker must be asked if they agreed with the motion. Mr. Dreith stated his group wished to communicate after the fact but would go along with communication before the fact. Mrs. walker stated she had only one further request--that the Village hire Tom Taylor of the Florida Consortium to conduct the public information hearing, since he was a totally uninvolved person who during the mediation had been able to diffuse a lot of personal emotions, which she expected a lot more of at the public hearing. Mrs. walker stated if the Village Council would agree to hire Mr. Taylor then she would agree to the motion. Mayor Mackail stated the village Council agreed • with the mediation agreement of September 9, had changed the date from October 30 to October 15, and would allow Mrs. walker, Mr. Dreith, Mr. Goldsbury, and others to come back to an open meeting conducted by Mr. Taylor. Village Attorney clarified that the Village Council had agreed with the mediation agreement of September 9 as modified by the 9-20-99 amendment with the date of October 30 changed to October 15. Discussion ensued regarding how many public meetings to hold and the proper location. Councilmember Dalack favored one meeting only to avoid confusion. Village Attorney Randolph re-stated the motion: to approve the terms of the mediation of 9/9/99 as read by Mr. Bradford subject to the amendment set forth is the 9/20/99 Joha Dreith letter, modifying Section 2 thereof to change the date from October 30 to October 15, and to hire Dr. Taylor to conduct the workshop. Councilmember Capretta seconded the motion. A resident requested clarification of the statement that 70~ of the Village was going to get low pressure sewers no matter what the decision and the Village would have ao say is that. Village Manager Bradford responded that this evening VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 34 --------------- about 6 p.m. Mr. Dent had said that was the current permitting plan, but that the village could do it any way that the residents asked them to do it. The vote oa the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for The motion was therefore passed and adopted. Joe Hall, 159 Country Club Drive, stated sewers were going to happen, and thanked the participants in the mediation. Mr. Hall asked that salt water intrusion and the difference of $2,300 in the cost of the two types of systems be brought up at the workshop. Ntr. Hall stated that a short-term fix was not needed--that the sewers needed to last the rest of the residents' lives. ]~. UNFINISHED BIISINESS A. Ordinance 546 - Second Reading - An Ordinance of the Village Council of the village of Tequesta, Palm Beach County, Florida, Annexing Into the Village Parcels of Land Which Are Contiguous to the village Limits, Owned by Andrew and Marilyn Zaino, A Commercial Property Located at 801 U.S. Highway One; Providing a Legal Description of the Property Proposed to be Annexed; Redefining the Boundaries of the Village to Include Said Real Property; Providing for Repeal of All Ordinances in Conflict; Providing for Severability; Providing for as Effective Date; Providing for Advertising; and Providing That This Ordinance Shall be Filed with the Clerk of the Circuit Court of Palm Beach County, Florida, and Florida Department of State U'poa Adoption. (Staff Recommends Approval) VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 35 --------------- Village Attorney Randolph read Ordinance 546 on Second Reading by title only. Vice Mayor Hansen made a motion to approve Ordinance 546 on Second Reading by title only. Councilmember Dalack seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for The motion was therefore passed and adopted. B) Ordinance No. 547 - Second Reading - An Ordinance of the village Council of the Village of Tequesta, Palm Beach • County, Florida, Amending Chapter 18 of the village's Code of Ordinances, Water, At Article I, Section 18-3, so as to Amend the Schedule of Rates and Charges is the Manner and Form Provided Herein; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read Ordinance 547 on Second Reading by title only. Vice Mayor Hansen made a motion to approve Ordinance 547 oa Second Reading by title only. Couacilmember Dalack seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for The motion was therefore passed and adopted. C) Ordinance No. 548 - Second Reading - An Ordinance of the VILLAGE COUNCIL MEETING MIN[JTES September 21, 1999 PAGE 36 --------------- village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1998. (Staff Recommends Approval) Village Attorney Randolph read Ordinance 548 on Second Reading by title only. vice Mayor Hansen made a motion to approve Ordinance 548 on Second Reading by title only. Couacilmember Dalack seconded the motion. The vote on the motioa was: Ron T. Mackail - for Carl C. Hansea - for Joseph N. Capretta - for Basil Dalack - for The motioa was therefore passed and adopted. X. ANY OTHER MATTERS Mayor Mackail commented that he had attended the Community Appearance Board meeting on August 11, 1999 in regard to two issues that were to be discussed regarding JMZ Properties, which were architectural style (colors, roof) and Building "A" landscaping. Mayor Mackail advised the members of the Village Council that the meeting had been an absolute fiasco, that he had not liked the way the Community Appearance Board conducted business to the potential property developer, and recommended that the Village Council consider disbanding the Community Appearance Board and putting together a Planning and Zoning Board, which would minimize any more such unprofessional meetings. Mayor Mackail stated his belief that other CAB meetings were handled in the same manner, and he believed no one should be treated the way that developer and others who spoke on behalf of that developer were treated at that meeting. Mayor Mackail requested that each of the Village Councilmembers consider his proposal, and requested VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 37 --------------- the village Manager to provide a report on a Planning and Zoning Board in order to bring about strict procedures in setting up site plan reviews. During discussion, Mayor Mackail reported that at the meeting the issue became a matter of a few thousand dollars, and what was a few thousand here or there, when the purpose of the meeting was not to address economics but to address specifics, and stated that in his opinion a 9:30 meeting that was not over until 10 after 12 was totally uncalled for. Mayor Mackail commented that Director of Community Development Scott D. Ladd might want to chat with the Councilmembers to address some of his concerns which he had discussed with the Mayor regarding the conduct of business by the CAB, and stated he would support Mr. Ladd's concerns. XI. ADJOURNbD;NT Councilmember Dalack moved that the meetiag be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil E. Dalack - for The motion was therefore passed and adopted and the meeting was adjourned at 10:04 P.M. Respectfully submitte , ~~ Betty Laur Recording Secretary • VILLAGE COUNCIL MEETING MINUTES September 21, 1999 PAGE 38 ATTEST: Joann Manganie o ___ Village Clerk DATE APPROVED: • •