HomeMy Public PortalAbout1998-05-19 Regular Meeting216
COUNCIL MINUTES
REGULAR MEETING - MAY 19. 1998
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, May 19,
1998, in the Council Chambers at Bal Harbour Village Hall. The meeting was called to
order at 3:05 p.m. by Mayor Spiegel. Those present were:
Mayor Estelle Spiegel
Assistant Mayor Andrew R. Hirschl
Councilman James E. Boggess
Councilman Peg E. Gorson
Councilman Daniel S. Tantleff
Also present: Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. Pledge Of Allegiance: The Pledge of Allegiance was led by Councilman
James Boggess.
3. Approval of Minutes: A motion was offered by Councilman Boggess
and seconded by Councilman Tantleff to approve the minutes of the April 21, 1998,
Regular Meeting, with a correction to the motion on page 5 to specify that the
reimbursement of $30,000 was for the replacement of the Village's portion of the sidewalk
and that Oren Development was responsible for payment of the portion of the sidewalk
directly in front of the Majestic Condominium. The motion carried unanimously (5-0)..
and the minutes were approved as corrected.
4. Presentations:
Officer of the Month - Officer Leo Quinn: Chief Larry Freeman
explained that his reason for selecting Officer Leo Quinn as Officer of the Month for April
1998, involved the apprehension of subjects in a car that had been taken in a "car jacking"
in the City of Miami. Chief Freeman presented Officer Quinn with a plaque for Officer of
the Month. Mayor Spiegel presented Officer Quinn with a check from the Village of Bal
Harbour.
5. Public Hearings: None
6. Ordinances Second Reading/Public Hearings: none
7. Ordinances First Reading: None
8. Resolutions: None
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9. Reports and Recommendations:
A. MAYOR AND COUNCIL: Councilman Boggess stated there is
landscaping around the pump station in the Security District now and questioned if that was
all the landscaping that will be done. Mr. Treppeda stated that was all the landscaping that
was planned under the contract. Councilman Boggess questioned if the Ficus will have
any adverse affect on the piping. Mr. Treppeda responded no. Councilman Boggess
questioned if additional shrubs will be put in as the existing landscaping grows taller. The
Village Engineer responded yes.
Assistant Mayor Hirschl reported that in the Security District there are many homes that
have above ground wires sticking out of their backyards. The cable company has not lived
up to their complete obligation and requested Mr. Treppeda to check with the Manager of
Cablevision Communications on that.
Mayor Spiegel reported she was at a meeting with Enid Rosenthal, Director of Marketing
for Bal Harbour Shops, and 30 representatives of Brazil. The representatives all seemed
delighted to be here and were impressed with the Village.
B. VILLAGE ATTORNEY: None
C. VILLAGE MANAGER:
Update of Village Hall Renovation Project - Roberto Beltran.
Project Manager / Carlos Hernandez. Carivon Construction Company: Mr.
Treppeda stated Roberto Beltran, Architect for Middlebrooks & Associates, is at the
meeting. Carlos Hernandez, Carivon Construction, is not present although he was asked
to attend the meeting. Mr. Treppeda reported In the past few days, there has been an
increase in the work force. The first week of June is the target date that Carivon needs to
be finished by contract. Mr. Treppeda doesn't believe they will be done by that time,
although there are liquidated damages built into the contract. The Village Attorneys office
has the contract and is presently reviewing it to see what other options the Village has.
Assistant Mayor Hirschl questioned Mr. Beltran when he thought Carivon would be done.
Roberto Beltran responded they requested Mr. Hernandez to submit a revised schedule
and proposal for completion. The revised schedule was to be submitted last Wednesday
and has not been received. Mr. Beltran believes Carivon will need two more months to
finish the job. So, they will be two months behind schedule, which means $16,000 in
liquidated damages if the Village enforces the contract. It has to be coordinated between
the Attorney and the Council to see how long the Village will let the General Contractor
work. Carivon is about 75% completed. Mr. Beltran's recommendation is to proceed with
Carivon to finish the project because it's difficult to find another General Contractor who
will come and complete work that someone else has started. A letter should be sent to
Carivon stating the Village will enforce the contract and intends to charge for liquidated
damages.
Assistant Mayor Hirschl questioned how long the project has been under construction. Mr.
Beltran responded the project was started last June. There are only four or five people
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working and there are supposed to be at least eight or nine to finish on time. Assistant
Mayor Hirschl questioned the Village Manager if he has met with Mr. Hernandez. Mr.
Treppeda responded yes. They have a construction meeting once a week, but Mr.
Hernandez has not been present at the last few meetings. Mr. Treppeda thinks the Village
should get with the Attorneys office and enforce the contract as much as possible. Mayor
Spiegel questioned if there are any more change orders. Mr. Beltran responded there are
a few. Assistant Mayor Hirsch) stated the legal channel is one issue, but the Manager's
office should be diligent in reaching Mr. Hernandez and getting him to finish.
Craig A. Smith & Associates Update on Storm Drainage
Project - Discussion of Problems with Injection Wells - Gene Schriner. Senior
Vice President / Bill Landis. Engineer: Mr. Treppeda reported the good news on the
storm drain project is that the storm drains work without the wells and the pipes have been
up -sized. However, the injection wells do have a problem.
Gene Schriner, President of Craig A. Smith & Associates (C.A.S.), addressed the
Council. Mr. Schriner stated C.A.S. are the construction managers and designers of the
project for Bal Harbour. There are three contractors on the job. Telcon is responsible for
putting in all the drainage piping, the outfall, and doing all the road restoration and
restoration throughout the project. Poole & Kent was awarded the contract for putting in
a pump station and all the piping to the wells. Jaffer is the well driller who is responsible
for sinking the wells. A grant was obtained for putting in the wells from South Florida
Water Management District for $150,000, which C.A.S. helped secure and are
administering for the Village. They have already collected $135,000 on that. The balance
will come upon final certification. He stated the procedure for selecting the contracts was
done through the normal bidding process of selecting the low bidder, which the Village did
get in each case. In the future, the Village may want to consider, and he will discuss it with
Mr. Weiss, looking at a pre -qualification procedure prior to going to bid. The only downside
is it restricts the field of bidders. C.A.S. did not have a lot of bad press on the Contractor
to throw them out legitimately. Telcon started the drainage portion and the original
completion date was March 20, 1997. That was extended until August 1997 due to owner
initiated change orders. Substantial completion was November 27, 1997. The only
remaining issue is the sodding on Harbour Way and a few issues on the water distribution
system that need to be rectified. C.A.S. is holding $55,000, which is about 5% of the
original contract. Telcon has sent a notice of additions to the contract somewhere around
$60,000. C.A.S. recommends getting with the Village Attorney and sending Telcon a letter
stating the Village is finalizing the contract and is going to go after liquidated damages and
owe him nothing and the project would be complete. Mr. Schriner suggests relieving
Telcon of their duty, get somebody the Village is comfortable with, and finish the sod
issues. Assistant Mayor Hirsch) stated per the specifications of the contract, C.A.S. is
responsible for the supervision of Telcon, Poole & Kent, and Jaffer. Assistant Mayor
Hirschl questioned if the wells were drilled to the specifications of the contract. Mr.
Schriner responded he would have Mr. Smith address that, but no they were not.
Steve Smith, Craig A. Smith & Associates, addressed the Council. Mr. Smith stated
C.A.S. put out an advertisement to construct the wells and there was no set depth for the
wells to be drilled. Initially, a test well was done to be a "go by' for the rest of the wells.
The test well was installed and records were taken to determine what type of rock
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formations and other materials were in the ground. When the well drilling was started,
there was a formation that was acceptable to injection and they ended up drilling about
150 feet. Everything in between was not solid enough for them to put the casing in and
feel comfortable that it was going to be stable. When 150 feet was reached, they found
a good formation. The test well was done under a separate contract. The project was bid
for the other seven wells. Jaffer came in as the low bidder. Jaffer started drilling and
found an area that was acceptable to pumping the storm water into around 30 feet. They
found what they thought was a restrictive layer above that which would be acceptable.
They tested it by injecting water into it. What they injected was not the full amount of what
the storm water would be pumped into it. The only fresh water they could use was out of
the fire hydrants. Then, the hydro geologist put the information into a computer model and
said it would work. They tested each well as they went along to ascertain what amount of
flow each one would handle. Production wise they did very well. After the fact, they tested
to see what the influence of one well is was another and everything tested positive. Poole
& Kent then came in and installed the pump station and the piping that goes to each well.
During that construction, two of the casings for two of the wells dropped. Jaffer stated that
was very rare to happen. C.A.S. came to the site the next day and found they had dropped
only a couple of feet. They tested the wells and found out that two of the wells that had
dropped had leakage around the top of the well. There was also leakage around the pump
station. There has been a lot of communication with Jaffer trying to resolve the issue.
C.A.S. feels it is the Contractor's means and methods as far as how deep they go and they
need to guarantee that. It was a lump sum contract for them to drill 100 feet, and beyond
that it was a per foot cost. They were paid to go 100 feet. C.A.S. are not the experts in
the hydro geology part of this and they hired a sub -contractor to handle that for them.
Their hydro geologist has written them a letter that has been forwarded to Mr. Treppeda.
Mr. Treppeda stated the letter was sent to the Village Attorney and is also in the Council
agenda. C.A.S.' position is that Jaffer needs to come back and deepen the wells and go
to the deeper zone where there will not be any type of leakage in the system, or a confined
level.
Mr. Schriner stated the original contract was for 100 feet. Jaffer drilled 30 feet and found
a production zone. The hydro geologist ran the model and it appeared that the zone would
accept the water and be fine. Jaffer stopped at that point and terminated the wells.
However, in C.A.S.' opinion his contract was to go 100 feet. And, now that there are
problems, C.A.S. will press the issue for them to go 100 feet. Councilman Tantleff
questioned if someone was hired to supervise to make sure Jaffer drilled the amount in the
contract. Mr. Schriner responded yes, C.A.S. was. Mr. Smith stated when they go into the
ground, they don't know what they are going to find. He could have drilled the hole 100
feet, and there might not be any place for the casing to rest. So, Jaffer came to a location
where that casing could rest.
Assistant Mayor Hirschl stated the test drill went 150 feet. He questioned Mr. Smith if he
found it peculiar, as the supervisors of this project, that zone 1 (the test well) was 150 feet
and then 30 feet became acceptable. Mr. Smith stated zone 1 was not 150 feet, it stopped
at 150 feet, but there were other areas in between there. Assistant Mayor Hirsch) did not
understand how 30 feet became acceptable. He thinks the other wells will eventually
collapse, sink, or move, and be damaged. He is concerned of the leadership of C.A.S. and
questioned Mr. Smith if Bal Harbour paid C.A.S. to write the grant they received. Mr. Smith
stated the Village paid them to do that. Assistant Mayor Hirsch) wanted the record to
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reflect that the Village paid C.A.S. to write the grant. The Village has had problems with
Telcon and Jaffer. Poole & Kent are okay so far. Mr. Smith stated there are certain
technical issues of the depth that come into play. The deeper they go, more pressure has
to be put on the wells to get them into production. Typically, there will not be the amount
of flow out of a deeper well because of the amount of head pressure that has to be
overcome to get down there, because there is a salt water layer that has to be overcome.
That was one of the reasons they stopped at the 30 foot level.
Assistant Mayor Hirschl stated putting technical issues aside, C.A.S. specified 100 foot
wells. Mr. Smith replied no they didn't. Assistant Mayor Hirsch) questioned if the bid was
awarded for 100 foot wells. Mr. Smith stated the bid was awarded for a lump sum amount
to 100 feet. If there was a zone found somewhere in between, they could stop at that
zone. Mr. Weiss stated that Nina Boniske is working on it from his office. The technical
specifications that C.A.S. drew up, specifies each well will be approximately 100-150 feet,
with a nominal hole to 150 feet. The Engineer will inspect drill cuttings and select depth
to which casing will be set. Mr. Smith stated that is applicable but, if there is a zone prior
to that, it is acceptable. Councilman Tantleff stated the specification doesn't say that. Mr.
Smith stated they do need to go deeper and they need to force the issue. Mr. Weiss
stated the Council is trying to understand why Jaffer stopped and why they were allowed
to stop. Councilman Tantleff stated the question is if C.A.S. is liable for letting Jaffer stop.
Mr. Schriner stated that C.A.S. has a contract with Bal Harbour and has been working with
Bal Harbour for years and this is the first real big problem they've ever had. Mr. Schriner
stated C.A.S. is not a hydro geologist and had to rely on the service of a hydro geologist.
The hydro geologist said it was fine to stop there. Councilman Tantleff questioned if C.A.S.
is liable for the decision of their hydro geologist. Mr. Schriner responded yes. He
understands Assistant Mayor Hirschl's question and has the same question of his hydro
geologist. Mr. Weiss questioned if the hydro geologist has an explanation. Mr. Schriner
responded yes, he responded in the letter enclosed in the agenda. Mr. Schriner stated
from the flooding standpoint, it should not affect the drainage. The pipes are sized
correctly for drainage purposes. The drainage is going to go through the pump station
regardless of the wells. Councilman Boggess doesn't understand why anyone would think
that a firm foundation was found at 30 feet. Mr. Schriner stated is was a formation not for
foundation, but for pumping water.
Councilman Tantleff stated Jaffer is taking responsibility for two of the wells. There was
a total of eight wells. He questioned who should be responsible for the remaining wells.
Mr. Schriner responded Jaffer. Councilman Tantleff questioned why it would not be the
hydro geologist. Mr. Schriner stated C.A.S.' and their hydro geologists position is that
Jaffer used new technology. Basically, the letter reads that Jaffer is responsible to
complete the wells to the depth that C.A.S. feels is acceptable. The first acceptable
formation was found at 30-40 feet, the second one was at about 100-150 feet. C.A.S. is
saying the first formation is no longer acceptable and Jaffer must now drill to the
acceptable formation. Councilman Tantleff stated that 30 feet is not approximately 100
feet, and since C.A.S. allowed them to stop at 30 feet, C.A.S. should be on the hook to fix
the other wells. Mr. Schriner stated C.A.S. is in the middle of it.
Mr. Weiss stated the letter also indicates that the nature of the drilling method that was
allowed permitted the casing to drop. If that's the case, the same thing could exist in the
other wells. Mr. Schriner stated as engineers they cannot tell the contractor the means and
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methods to perform the job. To do so would put the Village and C.A.S. in a position of
liability. The job of C.A.S. is to watch what Jaffer is doing and make sure they comply with
the plans and specifications. Councilman Tantleff stated Jaffer did not comply. Mr.
Schriner disagrees and thinks Jaffer did. The problem is Jaffer didn't go into the right zone
and is obligated to. Mr. Weiss questioned how Jaffer met the specifications if it says
approximately 100-150 feet, and they went 30 feet. Mr. Schriner responded it was found
to be acceptable at that time. Councilman Tantleff stated the contract doesn't specify "or
points acceptable." Mr. Weiss stated C.A.S. didn't hold Jaffer to the contract. Even though
the contract says 100-150 feet, the hydro geologist said 30 feet is okay.
Mr. Smith stated he met with Jaffer and Mr. Treppeda and they agreed that Jaffer would
repair the two wells that had failed. Jaffer felt there was not a problem with the other five
wells because they are not leaking, so they are not responsible to repair them. C.A.S.'
position is, because they see problems and upon the recommendation of the hydro
geologist, all the wells need to be taken deeper. They have forwarded the hydro
geologists letter with a cover letter to Mr. Treppeda and would like to work together with
Mr. Weiss to force the issue with Jaffer. Councilman Tantleff questioned how Jaffer is
responsible for drilling a well C.A.S. said was okay. Mr. Schriner stated if Jaffer says no
and Mr. Weiss says there is no way there is a case to get them to drill, Bal Harbour will
have the wells drilled to 100 feet as long as C.A.S. is on the job. Mr. Schriner will
guarantee that even if it has to come out of his pocket.
Craig A. Smith & Associates Proposal to Provide
Engineering Services. Bidding Coordination. Construction Management. and
Observation for Replacement of Old Water Valves and Interconnect with
North Miami Beach Water Line: Mr. • Treppeda explained there are some items
budgeted for replacing water valves in the Security District. Some are 50 years old and are
failing and need to be replaced. There is also an emergency interconnect with the North
Miami Beach water supply that would happen in the north end under the bridge. That is
in anticipation of getting rid of the water tank. C.A.S. is proposing a fee of $30,000 for
engineering services, bidding coordination, construction management, and observation.
Councilman Tantleff would like some other proposals brought before the Council before
they issue it. Mr. Treppeda stated the Village can do that, but must go through the
Competitive Negotiations Act in order to award things of this nature to engineering firms.
Assistant Mayor Hirschl stated it is time to re -visit that.
Bill Landis, C.A.S., addressed the Council. Mr. Landis stated the meter installation is
in the park area at the north end in a grass area out of the public view. The valves to be
replaced are in the Security District and would be mostly in grass areas, but there may be
some paved areas. It would involve excavating an area about the size of a desk and would
replacing valves at specific locations. Mr. Treppeda stated the only thing it could possibly
delay is the street paving project that the Civic Association is planning to do. Mr. Landis
stated it is a shallow excavation and there will not be an odor problem or a massive
excavation area.
Assistant Mayor Hirsch) questioned if they needed to bid competitively to hire an
engineering firm. Mr. Weiss stated it's not a bid its a competitive selection based upon
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qualifications not money. If it's a substantial project in excess of a certain amount of
money the Village would need to do that. If it's a small project it is not necessary. It was
the consensus of the Council to direct the Manager to go through the Competitive
Negotiations Act.
Discussion of Recommended Changes to Noise Ordinance:
Mr. Treppeda explained the noise ordinance was being looked at because there was a
situation where one jack hammer was violating the noise ordinance and there are certain
jobs where those types of tools have to be used.
Stanley Dunn addressed the Council. Mr. Dunn stated he looked at the noise ordinance
specifically with regard to construction. The ordinance has decibel ratings that delineate
what is permitted and not permitted. The way the sound level measurement is made is
vague and could be interpreted a number of different ways. Sound levels vary and to cope
with that problem the acoustical community has determined that the most advisable way
to make measurements is to use an equivalent average sound level using an "A" rating.
The sound would be measured with a frequency response, like the human ear, and an
average of the acoustical energy that's present over some relevant period of time would
be taken and converted to a number. The Environmental Protection Agency has
determined that to be the best correlation between what is measured and the way people
react. Mr. Dunn recommends that in the ordinance, the words "average equivalent sound
level" be inserted. That's different then just a single measurement and is an average over
some period of time. Instrumentation is available and he would recommend that. He
thinks the numbers cited in the ordinance are reasonable.
He interpreted the ordinance as saying beyond some hour, construction is basically
prohibited. The question is if in the daytime the Village wants to limit the sound from
construction in any way or not. If the Council wishes to put a limit on the construction
noise, it would make sense to permit some variation over the normal background for
construction noise, but not so great a variation that it would overwhelm the community. He
would suggest that during the daytime hours, when construction is permitted, it could be
limited to be no more than five decibels above what would normally be permitted. The
maximum value should be no more than ten decibels above the normal ordinance limit.
He stated a construction technique could be utilized to help the process and recommends
when heavy equipment is used a noise shield could be deployed. The possibility of
requiring hydraulically driven equipment could reduce the noise on site and should be
explored.
Mr. Weiss suggested drafting an ordinance with the help of Mr. Dunn and that it be
circulated around the Village for the construction industry to review. Mr. Dunn
recommended some trial measurements be made so the affected construction people can
look at it. The Village's building and code enforcement people should advise if what they're
recommending is feasible. Mr. Weiss requested Mr. Dunn advise him of any other updated
techniques that he thinks should be included in the ordinance. Mr. Weiss stated he would
start working on a draft for an ordinance.
A motion was offered by Councilman Boggess, concerning the proposal for C.A.S. as
consulting engineer, to table the issue for one month, wait 30 days, and see how C.A.S.
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is doing on the project in question. Since there was no second to the motion, the motion
died.
A motion was offe : • • tant_M,tvor Hirsch/ and seconded by Councilman
Tantleff to direct the Village Manager to go out with a Request for Proposals (RFP)
for a bidding for the Council to interview or rate the engineering firms out of the
marketplace to represent Bal Harbour. The motion carried with the vote as follows:
Mayor Spiegel aye: Assistant Mayor Hirschl aye: Councilman Boggess nay;
Councilman Gorson aye: Councilman Tantleff aye.
Mr. Treppeda questioned Mr. Weiss if the Council could do the rating. Mr. Weiss
responded staff should interview and make a recommendation to the Council.
Recommendation of Resort Tax Committee - Budget
$200.000.00 for Millennium Party: Mr. Treppeda explained that the Resort Tax
Committee is planning for the Millennium celebration and has proposed that the Village
begin budgeting $200,000 for a party. There would be a charge of $500 per ticket as well
to help with the cost.
David Fine, Director of Marketing, Sheraton Bal Harbour, addressed the Council. Mr.
Fine explained the major Millennium celebration they are working on. The Sheraton would
use satellite feed and start in the Eastern part of the world and work their way hour after
hour to the celebration in Bal Harbour. He feels there is a significant opportunity to garner
great publicity for the Village. Right now, they are in the stage of development and need
a financial commitment to help support them as they identify the entertainment and start
scheduling the fashion elements to the evening.
A motion was offered by Councilman Tantleff and seconded by Assistant Mayor
Hirschl to approve budgeting $200.000 in Resort Tax funds for a Millennium
celebration on December 31. 1999. The motion carried with the vote as follows:
Mayor Soieael aye: Assistant Mayor Hirsch/ aye• Councilman Boggess aye•
Councilman Gorson aye: Councilman Tantleff aye.
Recommendation of Resort Tax Committee - Director of
Tourism Receptions in Buenos Aires and Sao Paulo - Amount $10.000.00 in
Resort Tax Funds: Mr. Treppeda explained this is for Carolyn Travis, the Village's
Director of Tourism, to hold two receptions for travel sales people in Argentina and Brazil.
A motion was offered by Councilman Tantleff and seconded by Assistant Mayor
Hirschl to approve $10.000 in Resort Tax funds to hold receptions in Buenos Aires
and Sao Paulo to be hosted by the new Director of Tourism. Carolyn Travis. The
motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirschl
aye' Councilman Boggess aye: Councilman Gorson aye: Councilman Tantleff aye.
10. Other Business: Mayor Spiegel stated she received a letter and it is
important to get the bus benches and shelters cleaned up. Robert Wheldon, the Village's
Director of Public Works, stated they are cleaned every morning. Councilman Tantleff
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suggested cleaning them at the end of the day also. Mr. Wheldon agreed to start cleaning
them at the end of the day also.
Councilman Tantleff stated that C.A.S. has been with Bal Harbour long before he got on
the Council and maybe it's just the frustration of getting things accomplished the way they
are instructed.
Mr. Treppeda reported that regarding the golf course, he had a meeting with Ron Book and
David Fine and Mr. Book has offered to meet for a few more meetings at no cost to see if
the project is feasible.
Dennis McGeary, Bal Harbour Manor, addressed the Council. Mr. McGeary stated that
one of the apartment owners has been informed that after he purchased a wall air
conditioner, he has to get a permit for a qualified electrician to install it. Mayor Spiegel
suggested Mr. McGeary speak to Dan Nieda, the Village's Building Official. Councilman
Boggess questioned if any electrical work is involved. Mr. McGeary stated no.
Councilman Boggess stated that doesn't require a licensed electrician. Mr. McGeary is
concerned about the permit. The Council requested Mr. Treppeda to check on that
with the Building Department. Mr. Treppeda asked Ms. Horton to check the minutes
from the Council meeting at which that issue was discussed.
11. Adjourn: There being no further business to come before the Council, a
motion was offered by Assistant Mayor Hirschl and seconded by Councilman Gorson to
adjourn. The motion carried unanimously (5-0). and the meeting adjourned at 4:30
p.m.
Mayor Estelle Siege
Attest:
anette Horton, CMC/AAE
Village Clerk
/elw
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