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HomeMy WebLinkAboutDocumentation_Regular_Tab 13E_4/13/2000 VILLAGE OF TEQUESTA X I Post Office Box 3273 • 250 Tequesta Drive • Suite 300 ,�" Tequesta, Florida 33469-0273 • (561) 575-6200 r;`,t1L ` �� Fax: (561) 575-6203 0 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MARCH 9, 2000 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, March 9, 2000. The meeting was called to order at 7: 00 P.M. by Mayor Carl C. Hansen. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Carl C. Hansen, Vice Mayor Elizabeth A. Schauer, Councilmember Joseph N. Capretta, Councilmember Basil Dalack, and Councilmember Sharon Walker. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph Village, Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Dalack gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Walker requested items 10 (C) and 10 (e) be pulled from the Consent Agenda. Mayor Hansen requested item 10 (b) be pulled from the Consent Agenda. Village Manager Bradford requested under ANY OTHER MATTERS addition of the Longshore and North Fork Roadway Extension issue, and that a new item 10 (G) be created to present the pension report and to consider authorization for the Mayor to sign the report. Recycled Paper I VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 2 Vice Mayor Schauer made a motion to approve the Agenda as amended. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATION FROM CITIZENS Ralph Shaw, owner of property located at 127 Point Circle, explained that a large lot next to his property had been deeded and plotted for one house; however, a developer had an option to purchase it who intended to build two houses. Mr. Shaw had contacted the Village and had been told that the plans to build two houses met building requirements, which disturbed him, and expressed his opinion this would do nothing for the community. Mr. Shaw reported he had met with TCCCA and the directors had agreed to reverse their former approval and unanimously voted to disapprove the project . Mr. Shaw expressed his opinion that something was wrong with present zoning laws if they allowed this and he did not believe it was right . Larry Dizell, 135 Point Circle, stated he lived on the other side of the lot Mr. Shaw had discussed and he agreed with Mr. Shaw. Mr. Dizell commented that he had lived in Martin County for a while and there the residents within 300 ' would have been notified, and stated he would like to be kept informed. VI Laamanen expressed her opinion that Tequesta was losing its small town feel and presented her idea that the Village should use surplus monies to purchase the seven-acre parcel on the corner of Tequesta Drive and Old Dixie Highway with the help of grant money so that nothing else could be built there, and it could be used as a park with benches . Mrs . VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 3 Laamanen offered to volunteer her time to look into the possibilities of purchasing this land for the Village so that the Village would not be changed. Peggy Verhoeven, Point Drive, discussed the lot referred to by Mr. Shaw, and suggested there might be a legal point he could use regarding married and unmarried properties . Councilmember Capretta commented that he was very familiar with Mr. Shaw' s problem and that he had looked into the issue . Councilmember Capretta explained that the lot in question was a very large pie-shaped lot which was about three times the size of other lots in the area. Councilmember Capretta stated that the most controversial issue since he had been on the Village Council had been split lots . Councilmember Capretta explained that under present Village rules, lots had to be 10, 000 square feet, with certain setbacks, and since dividing this property would meet those rules, he knew of no way the Village could stop the developer since he would not need a variance. Director of Community Development Scott D. Ladd clarified that the lot was 47, 815 square feet and the proposal was to split the property into two lots, one 30, 395 square feet, and the other 16, 420 square feet. Mr. Ladd explained that the Village staff was always looking for ways to create tax revenue for the Village, and this would bring in taxes, and that no variance was required. Councilmember Capretta stated the developer had violated no laws, no special favors were being granted by the Village, he knew of no legal way to stop the project, and he believed that the fact that the lot was originally platted for one house had nothing to do with the item under discussion. Pert Town, 364 Fairway North, questioned whether if the two houses had to be positioned with one behind the other instead of both fronting the roadway that would make a difference. Councilmember Walker explained that there were many other such configurations within the Village. Councilmember Capretta stated if there were any way to help Mr. Shaw he would have done so. Mr. Ladd stated that Village review would only be required if the property were being divided into three lots . VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 4 Councilmember Dalack requested that Mr. Shaw and others interested in the lot discussed by Mr. Shaw remain for another agenda item. 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. Mayor Hansen read aloud the following Consent Agenda items : VI. PRESENTATIONS AND PROCLAMATIONS *A) Proclamation Declaring the Month of March Red Cross Month in the Village of Tequesta. *B) Proclamation Declaring the Week of March 12, 2000 Girl Scout Week in the Village of Tequesta. VII. VII. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment Meeting Minutes, November 29, 1999; *B) Special Master Hearing Meeting Minutes, January 27, 2000 *C) Special Village Council Meeting Minutes, January 11, 2000 *D) Village Council Meeting Minutes, February 10, 2000 *E) Village Council Meeting Minutes, December 9, 1999 *F) Village Managers Report: February 7, 2000 to March 3, 2000 VIII. APPOINTMENTS *A) Consideration of Appointment of Vi Laamanen as a Alternate Member of the Board of Adjustment with a two-year term expiring on March 9, 2002. (Staff VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 5 Recommends Approval) *B) Consideration of Reappointment of Molly McCormick to serve as a Alternate Member on the Community Appearance Board, with Said One Year term expiring on April 12, 2001 . (Staff Recommends Approval) Village Attorney Randolph read aloud the following items on the Consent Agenda: X. NEW BUSINESS *A) Resolution No. 47-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, in Support of "Florida Citizenship and Leadership Day. " (Staff Recommends approval) *D) Resolution No 50-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Proposal From Radiotronics, Inc. , of Jupiter, Florida, for an Instant Radio Recall Recorder, in the amount of $2, 773. 90, with Funds being Appropriated from the Police Administration Budget Program Expansion - Impact Fees Account, for FY 99/00 In the Amount of $903. 90 and from the Police Department Impact Fee Proceeds in the Amount of $1,870, and Authorizing the Village Manager to Execute the Applicable Contract On Behalf of the Village. (Staff Recommends Approval) *F) Resolution No. 52-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida Approving a Contract With Reese, Macon & Associates, Inc. , of Lake Worth, Florida, for Design and Permitting Tasks A1-7, In Connection with Country Club and Bermuda Terrace Phase II Water Distribution/Drainage System Improvements in the Amount of $59,500, as it Relates to ENCON's Planned Sewering Project of the Tequesta Peninsula with Funds being Appropriated VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 6 from the Water Enterprise Fund Undesignated Reserves in the Amount of $30,525, and the Stormwater Enterprise Fund Undesignated Reserves in the Amount of $28,975, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) XI. UNFINISHED BUSINESS *A) Ordinance No. 551 - Second Reading - An Ordinance of the 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, 1999. (Staff Recommends Approval) *B) Ordinance No. 552 - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 6 of the Code of Ordinances, Buildings and Building Regulations, at Article III, at Sections 6-41 and 6-42, to Provide for the Adoption of the 1999 National Electric Code and the 1999 Edition of the Uniform Countywide Amendments to the National Electric Code; Providing for Prevailing Standards in the Event of Conflict; Providing for Repeal of Ordinances or Parts of Ordinances in Conflict herewith; Providing for Severability; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Motion was made by Councilmember Walker to approve the Consent Agenda as submitted. The motion was seconded by Vice Mayor Schauer. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 7 The motion was therefore passed and adopted. XII. PRESENTATIONS AND PROCLAMATIONS C) American Cancer Society "Making Strides Against Cancer Walk" Spirit Award Presentation to Tequesta Police Department Ms . Jean Brown, Executive Director of the Jupiter Tequesta Unit of the American Cancer Society, explained that the Tequesta Police Department had really stood out in spirit and had worked together in the April Strides Event . Ms . Brown presented a plaque to Police OfficeR Shawn Miller for participation of the team and a plaque for the Team Spirit Award. Ms . Brown stated the team had done an excellent job and the Village should be very proud of them. Ms. Brown invited everyone to see her off the next Saturday morning as she began a 250-mile walk from Tequesta to Key West, walking for ten days, approximately 25 miles per day. VI . DEVELOPMENT MATTERS A) Special Exception Public Hearing and Site Plan Review for Tequesta Terrace, A Proposed Extended Congregate Care Facility within the Mixed-Use Zoning District Consisting of 72 Units on 3,389 acres of Land on the Southwest Corner of Village Boulevard and US. Highway One. Jeff Iravani, P.E. , as Agent for application. (A Quasi-Judicial Hearing) Councilmember Dalack commented that the reason he had requested that Mr. Shaw and others interested in the lot issue remain was to hear this item, and commented their situation was not nearly as onerous a burden on the Village as this proposal . Councilmember Dalack stated the residents were interested in quality of life in Tequesta, as he was, and although he respected Mr. Capretta and Mr. VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 8 Ladd, his opinion on this issue was opposite to theirs . Mr. Ladd had commented on the tax base, and Councilmember Dalack stated if his taxes had to go up to assure the quality of living in Tequesta then let them go up. Councilmember Dalack commented that this project would not increase the quality of life in the Village, and that unfortunately the present composition of the Village Council encouraged being bigger and bigger. Mr. Dalack stated he did not have to hear anything to know he was opposed to this project and would not vote for it. Councilmember Dalack stated if the residents were interested in the quality of living they had an opportunity to change the Council on March 14 . 1) Swearing-In of Witnesses, if Required Village Clerk Joann Manganiello swore in all those intending to speak on this matter. 2) Disclosure of Ex-Parte Communications Councilmember Dalack stated he had had no exparte communications . Councilmember Capretta stated he had spoken to Mr. Burckart and to Mr. Wyman regarding the project . Councilmember Walker stated she had spoken to Mr. Burckart and to Mr. Wyman regarding the project. Mayor Hansen stated he had spoken to Mr. Burckart and to Mr. Wyman regarding the project. Vice Mayor Schauer stated she had spoken to Mr. Burckart and to Mr. Wyman regarding the project. 3) Testimony of Witnesses and Cross Examination, if Any Bill Burckart explained that this project had previously been before the Village Council to obtain permission to try to meet Village conditions and requirements for this project . Mr. Burckart explained that since that time the principals had acquired a small strip of • • VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 9 land from County Line Plaza which would be added to the front of the project property. Others present on behalf of the petitioner were introduced: Ned Wyman, Principal; Jerry Gray, Principal; Kevin Donahue, Architect; Mr. Swartz, Architect; Jeff Iravani, P.E. , Agent. Mr. Burckart explained that changes to make the plan better had progressed until it was almost a social club now, and would be a very active home setting for people as they aged. Mr. Burckart expressed his opinion that it had been a tragedy for many older residents that they had been forced to leave the Village when they could no longer care for their homes, and that a huge number of them had gone to the Waterford. Mr. Burckart commented that a question regarding the construction halt by Alterra had arisen, and explained that Alterra had had a problem with their master financing and that profit had not been a problem; in fact, their three most profitable operations in the United States were reported to be in Melbourne, Vero Beach, and Tequesta, Florida. Mr. Burckart stated his belief that Alterra' s problem would be resolved quickly. Mr. Burckart explained that many occupants of the facility would come from the Village of Tequesta. Mr. Burckart explained that the other typical uses for this property would have been a bank, a gas station, or a fast food restaurant, which would have produced approximately $3 million in tax revenue for the Village; however, this project would generate three times that amount . Mr. Burckart explained that this project would have a very low traffic impact and would allow Village residents to continue to live in the Village . Councilmember Walker stated she totally disagreed with Councilmember Dalack' s point of view on this project from living next door to an 86-year-old whose wife was now living in a facility in Jupiter, and he had wanted her to VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 10 be able to stay in Tequesta and to be able go to the country club to have lunch with her friends . Councilmember Walker thanked Mr. Burckart for his vision. Vice Mayor Schauer questioned some items on the site plan, and was told the covered breezeway area would contain a bar-b-que, tiki bar, rest rooms, and tables with umbrellas within a large screened area. Mr. Burckart explained that this was a social environment, not a "being housed waiting to die" environment . The Vice Mayor stated that the applicant had given the Village something entirely different from Sterling House or the Courtyard in Jupiter. Vice Mayor asked that the plans be reviewed for the public. Mr. Wyman, Principal, explained that the facility was designed for individuals probably average age 85 who were moving out of their homes because they could no longer care for them and needed help with some things every day, and would allow them to become more involved rather than sitting home by themselves. Mr. Wyman explained that the facility would have a main dining room, private dining room, work rooms, large living rooms, beauty parlors, exercise rooms, outdoor sauna, spa, and very large activities rooms with sports bars . Geraldine Genko was sworn in. Ms . Genko questioned whether fire rescue emergency medical services had been taken into consideration when this plan was developed. Mr. Wyman responded that had been considered in the plans for lighting, vehicle turn around areas, key pad entry, and security issues . Ms . Genco questioned whether the Village had anticipated this additional growth ahead of time in designing their Fire Rescue Department and whether the Fire Department had been overbuilt to have capacity to deal with such a facility. Village Manager Bradford responded that the Village had not overbuilt the Fire Rescue Department . Vice Mayor Schauer commented that the Fire Department paramedics would be able to meet the needs of individuals VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 11 residing in this facility just as they did with other individuals within the Village . Councilmember Capretta commented that when a Village was within a one-mile circle with Fire Rescue and Police in the center it could have the lowest response time possible and would always have excess capacity because time was not spent in traveling. Ms . Genco stated she was very proud of the Fire Department but had wondered if it was deliberately larger than it needed to be or if it could serve the 300+ residents in this facility. It was explained that the facility would have 106 residents with 20-25 staff at a time, and that the five residents per unit referred to by Ms . Genco was the number of people that the marketing survey had indicated were anticipated to want to rent each unit, not the number of occupants . Councilmember Capretta clarified that it was believed 3-5 people would be wanting to rent each unit. The applicant stated this would be a very well staffed facility with up-to-date modern conveniences . Mr. Burckart explained that the Fire Chief and Police Chief had stated concerns and suggestions, which had all been met. Mr. Burckart explained that when he had been on the Village Council, the Council had approved a budget they knew was very top-heavy for police and fire, but that a fast response time was what the people wanted. Mr. Burckart stated that the Fire Rescue Department had been one of the proudest accomplishments he had had in his eight years on the Village Council. Councilmember Capretta commented the Village had a limited amount of land, and explained that zoning laws could not be retroactive, so that it had to be decided ahead of time what should be built. The only land available had been along the railroad tracks on Old Dixie Highway, which was high priced land and which no one wanted to build on for their home. The a VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 12 Village Council had recognized a need for a facility so that residents would not have to move away when they got old, and that was how Sterling. House came about, and a need for rental apartments, which was how the rental apartments came to be built. Councilmember Capretta commented this was a first-class project, and that it was at a different level of cost than Sterling House, and that different levels were needed for different residents . Councilmember Capretta commented that Councilmember Dalack' s position was he believed there was a need for retirement homes and homes for the mentally challenged, but he just did not want them in this Village. Councilmember Capretta explained that the Village Council had to decide on ordinances, building codes, etc. , in order to meet needs of the Village, and commented that this project would put approximately $9 million on the Village tax rolls. Councilmember Capretta commented that once the needs were met, the Council might want to change the ordinance and not allow any more such facilities; that the Council had been working a long time to get some things built that were not stores, and would like residential composition but were not able to control the composition absolutely. Dr. Tamour Carey expressed surprise that Councilmember Walker had not asked any questions, thanked the Vice Mayor for asking questions so that the public could be educated, and commented he had visited many nursing homes and this was a nursing home no matter what it was called. Dr. Carey commented there was already one nursing home and questioned how many were needed. Dr. Carey indicated he wished to keep the Village a beautiful community and expressed concern that 360 people, 5 x 72 units, would live in the facility. It was pointed out that five had been the number indicated in the market a VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 13 survey that would desire to rent each unit, and only one would live in a unit . Dr. Carey stated if he had misunderstood it would be on the tape recording of the meeting, and that if 360 people lived there that would produce a lot of traffic. Dr. Carey stated there was a gray line between this and a nursing home and stated the residents had the power to make a decision whether the Village Council would stay or go, and they should watch how they voted. Mr. Burckart explained that the facility was designed for 106 total residents, and 20-25 staff at the greatest time, which would generate 1/2 of the trips either a bank, gas station, or fast food restaurant would have generated. Councilmember Dalack stated this would be a 4- 1 vote, that he had no quarrel with the quality of the project but did not want it located here. Councilmember Dalack questioned how the Village could say no to another such facility if they approved this one, and stated that would be discriminatory treatment, leading to lawsuits . Councilmember Dalack stated he knew the Village Council was going to approve it but the residents could say no on March 14 . Mr. Capretta deplored Councilmember Dalack' s lack of knowledge on how to be a Councilman, and explained that the Council could change the codes to stop further such facilities by changing them in advance of any applications. Vice Mayor Schauer commented to Councilmember Capretta and to Councilmember Dalack that she would like the presentation to the community finished so that the residents could judge for themselves . Mr. Burckart passed around additional drawings of the project. Village Clerk Manganiello swore in additional people who wished to make comments . VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 14 Ann Curtis, owner of Cologne Motel adjacent to the proposed project, explained she had met with the applicants and thought their plans were wonderful, but expressed concern regarding the dementia building which would be located adjoining her property, and whether its residents would be allowed out to wander onto the parking lot of the motel. Ms . Curtis questioned whether there would be a fence or a wall to contain those patients, and stated her main concern was for the safety of the patients . The applicant responded that there would not be a wall or a fence, but the patients' rooms were on the outside perimeter of the building with their common area inside, and there would be a 24-hour nursing staff. Ed Resnik commented that the drawings were lovely and stated the two large pieces of property left in the Village were covered with weeds, and stated he assumed Mr. Burckart owned the one closest to K-Mart shopping center. Mr. Burckart explained he did not own it but had represented it. Mr. Resnik commented every time something came up that would improve the Village there were always people who objected. Mr. Resnik stated if a bank, store, or gas station were built on the property there would be a lot of traffic. Mr. Resnik expressed his opinion that the people who objected should offer an alternative of something beneficial that they wanted, and that was what he wanted to hear. Mr. Resnik stated the Village did not need two big lots with weeds on them. Mayor Hansen commented he had been on the Village Council five years ago when people were asking when the Village Council was going to do something about the two eyesores downtown, and the Village Council had considered a "fire sale" because they needed developers to come in. The Village Council had also set up an express approval process to VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 15 entice people to develop. The Council also had needed to prevent high taxes . The Mayor commented that there had been suggestions to keep the land bare, to try to entice the County to build a public school in Tequesta, although there might not be enough children, or some sort of public health facility, and maybe those things should be considered. Mayor Hansen questioned whether this project could ever become tax exempt if it were sold, to which the petitioner responded they would be happy to provide a written guarantee that it would not become non-profit . The Mayor questioned whether both entrances were necessary, to which the petitioner responded the Fire Rescue Department had wanted the two entrances . Mayor Hansen commented he had been attending Eastward Ho! meetings, the purpose of which was to revitalize the U. S. One corridor, and their thinking was that U.S. One should be a 4-lane instead of 6-lane highway through Tequesta, so there was a possibility that might happen some day. The Mayor commented he had no problem with the ingress or egress since in the future one lane could be used for deacceleration and that the speed limit might be lowered from the present 45 mph to 35 or 30 mph. Helen Robbins stated she had spoken to the Mayor a couple of days ago and had written several letters to the Village Council a year ago, with no response, and now was asked to vote for the Councilmembers. Mrs . Robbins stated she could not believe there were not enough children to warrant a school, and stated her concern that the kids had no place to play. Mrs . Robbins asked the Village to provide something for the children to have a place to play and a place for skateboarders and roller bladers . Mrs . Robbins stated she wanted everyone to know that her letters came here and not one Village Councilmember called her regarding her suggestions of how to help VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 16 with these problems. Mrs . Robbins commented that the Village did not ask developers to provide a place for kids to play within their developments . Peggy Verhoeven, Point Drive, asked whether there was age criteria for this facility, to which Mr. Burckart responded there was no age requirement, no up front cash requirement as at the Waterford, that this was strictly rental, with rates at $2, 400 - $3, 400 per month per unit per person, that there were very few shared units, and this was really an upscale facility. Mr. Burckart explained that approximately 10% of the Village population would be a targeted market for this facility. Vi Laamanen commented that she was a volunteer at Jupiter Medical Center in the dementia area where patients wore an attachment that would sound if they wandered away. The petitioner explained that there was a door alarm system in this facility so that if a door were ajar an alarm would sound. Mrs . Laamanen inquired as to the building height allowed in this zoning district, to which the response was the height limitation was 6 stories or 84 feet maximum, and this was much less . Councilmember Dalack stated it was his understanding that the current Village Code did not allow this facility, to which Village Attorney Randolph responded there was zoning in progress and this proposed use did meet code at the current time, and that special exceptions were allowed for under the code as long as the criteria were met. The Village Attorney explained that if the Village Council waived zoning in progress for another applicant then that applicant could also come in, and apply for a special exception; however, right now the Village Council was looking at amending the code, so whoever came in would come in under the amended code . VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 17 Councilmember Dalack stated he thought the code was not being changed for this application. Village Attorney Randolph stated the code was not being changed for this particular application, that it was coming in under the current code and it was his understanding that it met the requirements of the current code as long as it could meet the requirements of the special exception portion of the code. Mayor Hansen commented there were now some twenty special exceptions allowed under the code and an ACLF was one of them. Councilmember Dalack questioned whether if any other facility wanted to come in they would have to do any fancy footwork to come in, to which the Village Attorney responded they would have to do what this applicant had had to do. Councilmember Capretta asked if the Village Council did not want any more such facilities, assuming this one was approved, what the process would be, to which Village Manager Bradford responded the Village Council would need to write out the ability of an applicant to have an ACLF as a special exception in the mixed use zoning district, and that process would begin tonight if the Village Council approved the contract with Mr. Horniman to amend the zoning ordinance, which was an item on the agenda. Councilmember Dalack commented that would create a potential legal mine field. The Village Attorney was questioned as to whether he saw any problems or legal liability as Mr. Dalack discussed, if the Village changed the code in the future. Village Attorney Randolph explained that the code would have to be studied to see how it should be changed and until that was done it could not be known what any potential problems might be. Councilmember Dalack stated he did not want to raise the possibility of future legal bills . Boardmember Walker explained for Dr. Carey' s benefit that she had not asked her usual VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 18 questions because she had done so in private for hours on two separate occasions, which the applicants had addressed. Boardmember Walker stated that there had been a concern that the facility might change hands in the future and become non-profit, and since the applicants had offered to provide a written guarantee, she was requesting that be a condition of approval. Councilmember Dalack commented that the definition of adult care living facility included wording whether for profit or not . Mr. Burckart suggested any possible motion for approval include any wording with which the Village Attorney was comfortable to assure that this project would not become non-profit in the future. Vice Mayor Schauer made a motion to approve the request to revoke Unity of Title on Parcel (s) for County Line Plaza. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - against Sharon Walker - for The motion was therefore passed and adopted. Upon being questioned by Village Attorney Randolph, Scott D. Ladd verified that the applicant had met the conditions in the staff report and that standard process would be to create a Declaration of Use Agreement. The Village Attorney then advised that any motion for approval should incorporate the conditions in the staff report plus a requirement within the Declaration of Use Agreement that the project remain for profit, and that said agreement be recorded in the Public Records . Vice Mayor Schauer made a motion to approve the VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 19 Special Exception Use Request by Tequesta Terrace, A Proposed Extended Congregate Care Facility within the Mixed-Use Zoning District Consisting of 72 Units on 3,389 acres of Land on the Southwest Corner of Village Boulevard and US. Highway One, subject to all conditions required by staff in the staff report dated February 15, 2000, plus a requirement within a Declaration of Use Agreement that the project remain for profit which shall be recorded in the Public Records. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - against Sharon Walker - for The motion was therefore passed and adopted. Vice Mayor Schauer made a motion to approve the Site Plan for Tequesta Terrace, A Proposed Extended Congregate Care Facility within the Mixed-Use Zoning District Consisting of 72 Units on 3,389 acres of Land on the Southwest Corner of Village Boulevard and US. Highway One. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - against Sharon Walker - for The motion was therefore passed and adopted. B) Consideration of Request for Extension of the low pressure force main sewer system along Riverside VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 20 Drive within the Village of Tequesta Boundaries, per the Village of Tequesta Right-of-Way Procedures. Loxahatchee River Environmental Control District, applicant. Paul Brienza, ENCON representative, presented the request and explained that the project entailed an extension of an existing low pressure system on Riverside Drive just north of Tequesta Drive involving nine lots . Mr. Brienza commented that the system had been approved under a previous project, and at the request of the Village ENCON had held off installation until this date. Mr. Brienza explained that certain homes desired this service and one in particular was close to a CO. A contractor had indicated he would commence work immediately upon approval by the Village Council. Mr. Brienza described the low pressure sewer system, and explained that no road would be disturbed since the pipe was only 2" in diameter and would be placed 24" to 30" deep. Mayor Hansen questioned why ENCON wanted to install the low pressure system, to which Mr. Brienza responded that in order to install a gravity sewer system a lift station would be needed, making a gravity sewer system economically unfeasible. Mayor Hansen questioned whether the residents were aware of the higher cost of gravity and now willing to pay for low pressure. Mr. Brienza explained that ENCON had made presentations to the residents of the cost and that this had been decided over a year ago by the governing board, and that he was only here to get a right-of-way permit. Councilmember Walker commented that the Village Council had requested gravity sewers in all areas and questioned why low pressure was being installed on Riverside Drive . Mr. Brienza responded that ENCON' s Board of Governors had elected to go with low pressure. Councilmember Walker commented that there were other provisions in the mediated agreement that had not been implemented and requested that Mr. Brienza have Mr. Dent call the Village. Mr. Brienza indicated he would do so. Councilmember Dalack questioned whether putting low pressure on Riverside Drive VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 21 would mean low pressure must be installed in other areas, to which Mr. Brienza responded no, that in fact, the system was already in on Riverside Drive, and this would only be an extension. Vice Mayor Schauer explained that the Village was currently in negotiations with Palm Beach County over sidewalks for Riverside Drive and questioned whether sidewalks would interfere with the sewer piping if they were on the same side of the street. Mr. Brienza stated that sidewalks would not affect the sewer piping. Village Manager Bradford questioned the sewer system for the houses on the east side of Riverside Drive. Mr. Brienza explained those homes were already on a gravity system. Village Manager Bradford questioned whether it would be safe to say that there was a pocket of land not reasonably serviceable by gravity. Dr. Tamour Carey commented that as a homeowner on River Drive he wanted to know whether it was possible to let the residents know the exact boundary of the low pressure system because he did not want the Council to give approval for low pressure and then the entire River Drive to get low pressure. Mayor Hansen clarified that the area under consideration was Riverside Drive, not River Drive, and no one on the Village Council knew yet what would be done on River Drive. Discussion ensued. Dr. Carey indicated that he was aware that the discussion was about Riverside Drive but he had wanted to make his comments regarding River Drive at this time. Mayor Hansen explained that at one time the Village Council had looked at low pressure, but then held four meetings in October, at which it had been established that the residents wanted gravity, so at this point the Village Council was saying they wanted gravity wherever possible . Mayor Hansen commented that it was still unknown exactly where the gravity system would be located and Mr. Brienza clarified that no decision had been made . Dr. Shockley commented he was building a house on Riverside Drive and wanted the low pressure system VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 22 installed and did not want the financial burden of the gravity system. Village Manager Bradford expressed concern that Dr. Shockley wanted low pressure but that ENCON would put the line in and he would be the first to hook up, and others who the Village knew wanted gravity would have to hook up also. Village Manager Bradford commented that the Tequesta Peninsula Sewering Agreement with ENCON stated within 120 days meetings would commence to draw up an integrated action plan which among other things would address a plan for completing the sewering of the remainder of Tequesta and create a plan for sewering the remainder of the unsewered areas in the District; therefore, this proposal was the cart before the horse since ENCON had not come in to set forth the integrated action strategy to determine how the remainder of the Village would be sewered, but now wanted to do only nine lots. Village Manager Bradford stated he would like to find a middle ground whereby Dr. Shockley would be accommodated but ENCON would not have the power to mandate hookup to the low pressure system by the other eight property owners . Councilmember Dalack stated he did not understand what the effect of a "no" vote would be . Mr. Brienza stated the cost would be astronomical to provide gravity. Village Manager Bradford stated it could be done, and his point was that gravity could be provided but ENCON had made it clear that it would be much more expensive than low pressure. Mr. Brienza estimated the cost of low pressure to be approximately $4, 000 per home for low pressure and $10, 000 - $12, 000 for gravity. Mr. Brienza commented low pressure was now mandatory. Village Manager Bradford commented if the Village allowed low pressure line in the right-of-way there should be a condition of approval that all hookups in that length had to be voluntary. Mr. Brienza stated he believed that would have to go back to the governing board. Mayor Hansen expressed his opinion that Dr. Shockley should be accommodated tonight, however, questioned why ENCON should say the others must VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 23 have low pressure if they wanted to pay for gravity. Vice Mayor Schauer favored giving the residents a choice. Councilmember Walker suggested requesting for the other eight residents that the clock requiring hookup not start until the overall plan for sewers in the rest of the basin was implemented. Discussion ensued. Vice Mayor Schauer made a motion to approve granting a right-of-way permit, allowing Dr. Shockley to hook up, and giving the rest of the residents a time to hook up that did not begin until the terms of the mediation agreement with the rest of the basin were finalized, with this approval to have no effect on the integrated action strategy and to be subject to all of the conditions in the letter dated February 18, 2000. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. X. NEW BUSINESS B) Resolution No. 48-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Contract with JLH Associates, Hobe Sound, Florida, Providing For Zoning Consultant Services for the Update of the Village of Tequesta Zoning Ordinance in Order to Satisfy Florida Planning Law Requirements which Require Consistency Between the Comprehensive Plan and Zoning Code, in the amount of $19,000 plus $90.00/hour for Public Meetings; with said Funds Being Appropriated from The Department of Community VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 24 Development Miscellaneous Planning Service Account Having a Fiscal Year 99/00 Budget Allocation of $32,000.00, and Authorizing The Village Manager to Execute the same on Behalf of the Village. (Staff Recommends Approval) Mayor Hansen read Resolution No. 48-99/00 . Director of Community Development Scott D. Ladd explained that the last major zoning change had been in 1987, which had been too long, and that his department had been collecting suggested code changes which would all be incorporated at one time because of the expense of advertising. Mr. Ladd explained that it had been decided to hire a consultant because it had been so long since changes were made that the Village was not on track with what other communities were doing. Mr. Ladd explained that Mr. Horniman was very familiar with Tequesta' s code and comprehensive plan, which must be complimentary, and was also familiar with zoning in other municipalities . Village Manager Bradford estimated two workshops would be needed for the Village Council to review proposed amendments . Vice Mayor Schauer made a motion to approve Resolution 48-99/00. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. C) Resolution No. 49-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Building Inspection Services Agreement Between Hy Byrd Inc Inspection Services of Lantana, Florida, and the Village of Tequesta, Providing, On a Regular Basis For Construction Inspections (Building, Electrical, VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 25 Mechanical & Plumbing) For the Village of Tequesta for a term Not to Exceed Twenty Four (24) Months, In the Amount of $46,800. 00 Per Twelve Month Contract Period and Providing For Back-Up Plan Review and Building Official Services On An As Needed Basis for a Term Not to Exceed Twenty Four (24) Months, In An Amount Not to Exceed $65.00 Per Hour; With Said Funds Being Appropriated From the Community Development Special Revenue Fund Having A Fiscal Year 99/00 Community Development Fund Compliance/Inspection Division Part-Time Inspector Account Budget Allocation of $30,000, and Authorizing the Village Manager to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Councilmember Walker explained she had asked that this item be pulled from the Consent Agenda to learn the status of the personnel search for hiring an inspector. Mr. Ladd responded that the one person who had been willing to accept the job decided not to take it and described the difficulty of finding a person certified in all trades. Mr. Ladd explained that this was a local company that could provide good service and the Village had been using them on a trial basis and had had no complaints . The cost of hiring an employee to do this job versus contracting with Hy-Byrd was discussed. Village Manager Bradford explained that this contract would be $3, 000 - $4, 000 less per year than a full-time employee inspector. Mr. Ladd explained that the Village would need an inspector after the current building boom had subsided for remodeling and to do plan reviews . Councilmember Capretta pointed out that Mr. Ladd' s department was self-supporting and had built up a large reserve. Councilmember Walker made a motion to adopt Resolution 49-99/00. Vice Mayor Schauer seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 26 Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. E) Resolution 51-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Rescinding Resolution 1-99/00 and Approving the Bid Award for the Demolition of a Utilities Department Water Storage Tank to Phoenix Wrecking Corporation of Boynton Beach, Florida, in the amount of $9,800, with Funds Being Appropriated from the Water Enterprise Fund Capital Improvement Fund, Having a FY 1999/2000 Budget Allocation of $26,000, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) Councilmember Walker explained that she had requested this item be pulled from the Consent Agenda. Utilities Director Joe Grusauskas explained that the low bidder had decided he could not do the project for the amount he had bid; therefore, the second lowest bidder had been awarded the job. Joe Hall, 159 Country Club Drive, questioned whether there had been a problem because the bidder had discovered the tank had lead paint on it, to which Village Manager Bradford responded that it was known there was lead paint on the tank, but that the original low bidder had failed to provide for lead abatement in his bid. The second low bidder had provided for lead abatement in his bid. Councilmember Walker made a motion to adopt Resolution 51-99/00. Vice Mayor Schauer seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 27 Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. G) 1999 Annual Report for the Village of Tequesta Police, Fire, and General Fund Village Manager Bradford explained that the annual report was required by statute, due for submittal before March 15, 2000, and the Mayor needed to sign the report, which required approval by the Village Council. Councilmember Dalack made a motion to approve the 1999 Annual Report for the Village of Tequesta Police, Fire, and General Fund and authorizing the Mayor to sign the report. Vice Mayor Schauer seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. XII. ANY OTHER MATTERS Village Manager Bradford distributed a map depicting one of the alternatives resulting from a joint local government traffic study done in 1996 with Palm Beach County, Jupiter, and Martin County, on which was highlighted the North Fork Drive extension in The Shores in Jupiter. Village Manager Bradford explained that Section 28 would probably be developed at one unit per acre, or 640 dwelling units, and the plan for the Western Corridor was to traverse through Section 28, down near the Jupiter Community Park, cutting through Limestone Creek coming out on Indiantown Road next to the old Shoney' s restaurant. The Village Manager explained that residents on Loxahatchee River Road were VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 28 upset about the growing traffic and had caused Palm Beach County to put pressure on Martin County giving them a time limit to provide for the Western Corridor link. Meanwhile, Jupiter was concerned about their residents in The Shores and submitted a Comprehensive Plan amendment to take the Longshore/North Fork Extension out of their Comprehensive Plan, which would mean there would only be two alternative routes . Palm Beach County and Martin County were objecting to the requested removal. Village Manager Bradford explained that the Village had objected in the past; however, was now trying to mend fences with Jupiter and that Palm Beach County appeared to have Martin County over a barrel by closing the road if Martin County did not provide a western connector within a reasonable period of time. The Village Manager explained an administrative hearing would be held if DCA in Tallahassee approved the deletion from the Comprehensive Plan, and it would probably cost the Village approximately $10, 000 to fight it. Vice Mayor Schauer expressed her position that the Village should let Palm Beach County and Martin County fight this issue and if Martin County did not provide the western corridor then the Village should step in. Mayor Hansen expressed his agreement. Councilmember Dalack questioned whether it was necessary to do something at this time, to which Village Manager Bradford responded a decision from DCA might have been made that day and indicated response times that would be required. If DCA had not approved then Jupiter would appeal by administrative hearing, and if DCA approved then those who felt hurt by that decision would need to appeal. Councilmember Dalack suggested a special meeting if action should be needed before the next Village Council meeting. Geraldine Genco inquired whether a DRI or PUD applied to that parcel which would allow communities to make comments. Village Manager Bradford responded that the applicant had had the section under contract and had applied for a zoning amendment and site plan approval for a golf club type community, which Martin County did not approve. The applicant had sued Martin County and Martin County had lost and was faced with approximately $4 million in damages, and had appealed to the 4th District Court of Appeals . Village Manager Bradford stated it was his assumption that if the ruling was in favor of the applicant he would be allowed VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 29 to proceed and Martin County would owe him a lot of money. Village Manager Bradford indicated he believed this had taken place without a DRI because 640 units was under the threshold required. Councilmember Dalack requested more information in order to make a decision. Village Manager Bradford explained the people of Country Club Drive and those living on other roadways in the region had gone through a mediation process with the outcome that there would be nothing done to impede the regional roadway network, and Jupiter, in spite of the agreement, was attempting to take a regional roadway link off the map which would result in additional traffic on other roads . The issue was whether Tequesta wanted to formally complain about Jupiter' s action. Vice Mayor Schauer explained what had happened during the mediation. During discussion, the Village Council expressed opinions that the Village probably should object but that Palm Beach and Martin County could fight it out. Councilmember Capretta made a motion to do nothing regarding Jupiter' s submittal for a Comprehensive Plan amendment to take the Longshore/North Fork Extensisn cut of their Comprehensive Plan. Councilmember Dalack seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. XIII. ADJOURNMENT Councilmember Dalack moved that the meeting be adjc,;-... Councilmember Capretta seconded the motion. The vote on the motion was : Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for VILLAGE COUNCIL MEETING MINUTES March 9, 2000 PAGE 30 Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted and the meef. was adjourned at 10:09 p.m. Respectfully submitted, Betty Laur Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: