Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 9C_2/10/2000 •r v 7F•G I ►, VILLAGE OF TEQUESTA � Post Office Box 3273 • 250 Tequcsta Drive • Suite 300 � '' ' o` Tequesta, Florida 33469-0273 • (561) 575-6200 'Air&i Fax: (561) 575-6203 4v 7CN c o ty VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES JANUARY 13, 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, January 13, 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 Walker gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA The following additions were requested under ANY OTHER MATTERS: Councilmember Walker requested addition of an upcoming project with the Town of Jupiter. 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 Reeyeled Viper VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 2 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 There were no communications from citizens . V. A) Consideration Of The Petition For The Abandonment of the Thirty Foot (30' ) Right-Of-Way That Is The Southern Most Seven Hundred And Three Point Thirty One Feet (703.31 ' ) Of The Thirty Foot (30' ) Right-Of- Way, Identified As Tequesta Drive, And Commonly Known As Country Club Drive, On The Plat Of Tequesta, As Recorded In Plat Book 25, Page 8, Public Records Of Palm Beach County, Florida. James Ryan, Esq. As Agent. If Needed: 1) Resolution No. _ 99/00 - A Resolution Of The Village Council Of The Village of Tequesta, Palm Beach County, Florida, Vacating And Abandoning A Certain Seven Hundred AND Three Point Thirty One Feet (703.31 ' ) Portion Of A Thirty Foot Right-Of-Way On The Plat Of Tequesta, As Recorded In Plat Book 25, Page 8, Public Records Of Palm Beach County, Florida. Community Development Department Director Scott D. Ladd explained that this petition had come from a group of residents in Bayview Terrace who had hired Attorney James Ryan to represent them in their request to abandon the alley lying west of their property lines . Attorney Ryan, a 30-year Tequesta resident, stated he was familiar with the history of this property, and explained that the land originally had been an extension of the road, with the intent to VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 3 provide access to property closer to the river which now had other access. Attorney Ryan commented that the best interest of the community today was felt by the residents presenting this petition to be to abandon the right-of-way and add it to the rear yards of the property owners . Attorney Ryan reported he also had twelve signatures of the 19 residents of the Bayview Terrace area who also felt this was in their best interests, and also-from a practical standpoint-this was a dirt alley not in compliance with today' s subdivision regulations . Attorney Ryan stated the Village had the right to abandon the property, and that no one paid taxes on the land, and that safety was a concern since the alley was used as a thoroughfare which presented a danger and liability concerns for the Village . Attorney Ryan also stated that the Village did not maintain this property to standards used for other roadways . Vice Mayor Schauer indicated that after she had spoken to several of the residents and had reviewed the materials on this item provided by Mr. Ladd and Mr. Bonard, she believed there were four options for the Village Council: (1) Reclassify the right-of-way to 15 feet; (2) Give all 30 feet to Bayview Terrace; (3) Give 15 feet to each side; (4) Do nothing. Vice Mayor Schauer read aloud the definition of "alley" from the Tequesta Village Code. The Vice Mayor reported she had driven there that day and found only one yard on the Bayview Terrace side that was not fenced with stockade fencing. On the Country Club side she had found there were only a couple of residents using the alley as a road. Director of Public Works and Recreation Gary Preston reported that the extent of Village maintenance on the roadway was mowing on the west side about every six weeks . Vice Mayor Schauer commented that if the Village gave 15' to each side, two existing telephone poles on the Country Club side would prevent those residents from continuing to use the property as access to their rear yards . Vice Mayor Schauer commented that according to the materials provided by Mr. Ladd and Mr. Bonard, this had been going on for years, and a prior request for abandonment in 1991 was not VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 4 granted, and she did not understand why the request was being made again when only one person on the Bayview who was trying to put up a fence was affected. Attorney Ryan responded he had heard the prior request had been abandoned, but he had not verified that by research. Attorney Ryan stated that the two poles at the north end had no wires and would be removed by FPL. Attorney Ryan commented that anyone could see the land had no essential purpose and abandonment was a common practice as new regulations were developed. Attorney Ryan commented every property owner would be affected who had concern about danger, that many vehicles could not make a U-turn, and described a dangerous traffic situation. Attorney Ryan commented in regard to the four choices presented by the Vice Mayor, that his understanding was if the property was abandoned half had to be given to property owners on each side. Village Attorney Randolph advised the Vice Mayor that all 30 ' could not be given to one property owner, and that the Village could abandon only 15' if they desired, but that would not be responsive to the petition. Councilmember Capretta commented he had heard this case five times during the past twelve years, described Mr. DeWitt' s access to his property, and reported that some of the people on the Country Club side had not wanted to pay the extra $100 ± it would cost in taxes each year to have an additional 15' added to their rear yards . Councilmember Capretta explained that by abandoning the property, the Village would gain approximately $1, 200 in tax revenue each year on what was now useless property. The location of the property was clarified. Councilmember Dalack received verification from the Village Attorney that the property was a public right-of-way under the control of the Village, but that no one had fee title to the property; and that there was a State statute governing abandonment. Mayor Hansen commented the property appeared to be seldom used and the fencing on the east side should VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 5 protect Bayview Terrace residents and block their view. Richard Bonard stated he had two petitions from the Country Club area, one with 10 signatures from people abutting the roadway, and another 14 within 300 ' of the right-of-way. Mr. Bonard stated the Country Club residents wanted the right-of-way left as it was, and he had purchased his home based on use of that access to have a boat behind his house . Mr. Bonard read aloud a letter he had written to the Village Council addressing the reasons for not wanting abandonment, one of which was there was no danger and no accidents . The Village Attorney responded to questions from Councilmember Dalack, clarifying that if the property were abandoned that 15 ' would go to each property owner on the east and west sides. Councilmember Walker questioned the interest of Country Club residents not abutting the roadway and verified that they had no access . Dana Anderson, 48 Yacht Club Place, Lot 596, stated he had lived in Tequesta for 30 years and only four people were directly involved on one side, that there was no danger, and that the Village' s liability was no more than if a resident fell in any parking lot in the Village . Mr. Anderson stated he had purchased his property so he could have a boat and park it in the back, and he used it all the time. Mr. Anderson commented he had two boats and two teenagers who used the boats constantly and that the boats and the water were important to him, even in bringing up his kids. Mr. Anderson commented a 3-point turn could be made easily by any type of vehicle, and that the right-of- way was platted as Tequesta Country Club property. Mr. Anderson expressed his opinion that a copy of the proposed Resolution should have been sent out with the letter that went to the residents . The Village Attorney responded that the Resolution contained nothing different than what had been advertised. Mr. Anderson stated if the property were abandoned there would be no access to the lift station. VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 6 Brian O'Brien, 10 Bayview Court, stated his property was adjacent to the right-of-way, and questioned Police Chief Allison as to whether it was legal for vehicular traffic to use a dirt road and what the speed limit was . Chief Allison responded it was legal to drive on a dirt road and there was no posted speed limit. Mr. O'Brien stated he had three small children and cars came flying off Country Club Drive cutting across Village sidewalks into Bayview Court Circle. Mr. O'Brien stated he had called the Building Department and the Police Chief and asked that this be stopped; and as a temporary solution he had constructed a fence. Mr. O'Brien stated this was a huge problem to him and he had had to spend $1, 600 as a temporary measure to ensure safety. Mr. O'Brien also commented that Mr. Anderson had raised a good point about liability on unimproved streets, that he did not want a child hurt, and that Mr. Anderson appeared to be running a construction company from his house, which was not allowed by Village Code. Mr. O' Brien commented Country Club residents could still access their back yards by creating a small side yard road, and stated that Mr. Bonard' s property at the end already had 30' more than anyone else. Mr. Bonard explained that was not correct, and commented one resident was working on a van in his yard which was prohibited by Code, that there were derelict boats not in running condition, and that emergency personnel would have a problem with access if abandonment took place. Bill Scoville, 56 Yacht Club Place, Lot 594, reported Vice Mayor Schauer had called and asked his opinion, and he had told her he was against abandonment and nothing had changed since 1991. Mr. Scoville expressed his opinion that there was no danger or nuisance and all that was needed was a sign stating "No Outlet or Turnaround" and stated that he used the right-of-way daily. Mr. Scoville stated people should not have bought lots abutting the right-of-way if they did not like it . Betty Nagy, Shay Place, questioned whether the petitioners would pay anything to the Village or pay VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 7 legal expenses for abandonment, to which the Village Attorney responded they would pay nothing to the Village, and the Village would only have nominal costs for legal filing; however, a survey for the FPL easement would be paid for by the property owners . Councilmember Capretta stated the man with three small children had the real issue of danger to his children, and suggested the petitioners do something at the entrance to the roadway, such as install a fence with a gate so that only those living on the road could have access and the children would be protected. Councilmember Dalack stated he was swayed by the possibility of injury from vehicular traffic, that he believed people came before property, and he was satisfied that it would benefit the Village not to have the liability. Discussion ensued. The Vice Mayor stated she believed a decision should be made at tonight' s meeting. The Village Attorney advised that if the Resolution was adopted it could be done subject to a survey being provided by the petitioners for utilities easements. Attorney Ryan stated his clients would accept the financial obligation to provide a survey. Village Manager Bradford commented that a portion of the right-of-way in question extended north of the north property line of lot 11 in Bayview Terrace, and he thought that portion north of lot 11 should not be abandoned so as to maintain continuity of the Tequesta Drive right-of-way at that location, since there could be an adverse impact on Tequesta Drive if it were abandoned. Tamour Carey questioned the Village Attorney as to whether the Village had title to the property, to which Mr. Randolph responded that was correct, and that none of the platted roads belonged to the Village . Peggy Verhoeven, Point Drive, questioned where the liability would fall since there was no ownership and no title, and expressed her opinion no one would have liability. VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 8 Councilmember Capretta questioned whether if the Village abandoned the property and the telephone poles on the north end were removed whether the people could still access their property on only 15' , to which the Village Manager responded affirmatively with the exception that FPL had not stated they would relocate their poles . Councilmember Walker thanked Mr. O'Brien for bringing his concerns to the Village Council, stated she had a 4x4 vehicle and could not turn around on the right- of-way, expressed her opinion that a 30 ' road to nowhere invited trouble, that only two properties appeared to use the roadway for access, that she had seen construction materials stored on one property and an untagged car which she was not happy about, and reported she had spoken to Mr. Preston and learned the Village had spent about $5, 000 in maintenance over the last two years and was not getting any tax money in return. A resident responded he had called Lake Park Towing to pick up the unregistered vehicle. The Village Attorney clarified that the choices open to the Village Council were to adopt or to reject the Resolution, and explained FPL had a right to an easement in the right-of-way and would not object to abandonment if the Village retained an easementfor them. Discussion ensued regarding the proper wording of a motion with the property previously described by the Village Manager to not be included in the abandonment. Councilmember Dalack made a motion to grant the petition for abandonment of the Thirty Foot (30' ) Right-Of-Way That Is The Southern Most Seven Hundred And Three Point Thirty One Feet (703.31 ' ) Of The Thirty Foot (30 ' ) Right-Of-Way, Identified As Tequesta Drive, And Commonly Known As Country Club Drive, On The Plat Of Tequesta, As Recorded In Plat Book 25, Page 8, Public Records Of Palm Beach County, Florida subject to an amendment re-describing the 703.31 ' diminished by the amount specified by Village Manager Bradford and designated on the map at VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 9 tonight's meeting, subject to a condition that there be a re-dedication by the Village to the utility companies for the placement of their utilities. Councilmember Capretta 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 nation was therefore passed and adopted. Village Attorney Randolph advised the petitioner that the Village would need a re-description of the property being abandoned in the form of a survey or description, and a survey for the benefit of the utilities so that the Village could incorporate a re- dedication in the Resolution, which he would prepare for the next meeting. Attorney Ryan responded the petitioner would prepare a survey describing the property as all that portion of the right-of-way lying south of the most northerly line of lot 11 of Bayview Terrace and describing an easement meeting FPL' s conditions . Scott D. Ladd. Director of Community Development, requested and received verification that the term "utility easement" was used generically to include all utilities, i.e. , the cable company, the telephone company, etc. , and not just FPL, since ENCON had expressed concern regarding an easement for their lift station. Village Manager Bradford announced the Resolution would be considered at the next meeting, to which Mr. Ladd responded that was dependent upon the petitioner having submitted all of the required materials . 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 VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 10 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: VII. APPROVAL OF MINUTES AND REPORTS *A) Special Master Hearing Minutes, October 28, 1999; *B) Special Master Hearing Meeting Minutes, November 12, 1999 *C) Special Master Hearing Meeting Minutes, November 18, 1999 *D) Special Master Hearing Meeting Minutes, November 19, 1999 *E) Village Council Meeting Minutes, December 9, 1999 *F) Special Village Council Meeting Minutes, December 16, 1999 *G) Village Managers Report: December 6, 1999 to January 7, 2000 VIII. APPOINTMENTS *A) Consideration of Appointment of Village Councilmember Sharon D. Walker as the Village Council Alternate Representative to The Palm Beach County League of Cities. (Staff Recommends Approval) Village Attorney Randolph read aloud the following items on the Consent Agenda: X. NEW BUSINESS *A) Resolution No. 29-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing an Amendment to Chapter 9 of the Village Code of Ordinances, Article IV, Pre-Hospital Emergency Medical Services, Specifically Amending VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 11 Section 9 55 Schedule of User Fees, To Provide for the Revised Schedule of User Fees; Repealing the Existing Said User Fees; Providing for Severability; Providing for Codification; Providing for an Effective Date. (Staff Recommends Approval) *B) Resolution No. 30-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving an Interlocal Agreement Between The Board of County Commissioners, Palm Beach County, Florida, and The Village of Tequesta for a Local Mitigation Strategy in Accordance with Section 163. 01 of the Florida Statues, and Authorizing the Mayor of the Village of Tequesta to Execute the Same on Behalf of the Village. (Staff Recommends Approval) *C) Resolution No. 31-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Appointing Kara Irwin, Village Planner, as the Primary Contact Person and James Weinand, Fire Chief, as the Alternate Contact Person, as Tequesta 's Appointees to the Local Mitigation Strategy Steering Committee. (Staff Recommends Approval) *D) Resolution No 32-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving the purchase of One (1) One-Ton, Crew Cab 4x4 Pickup Truck, Per The State of Florida Bid Contract Number 0770-644-020, To Maroone Chevrolet, Inc. , of Pembroke Pines, Florida, in the Amount of $27, 674, Purchased with Lease Purchase Proceeds, from a Three (3) Year Lease Purchase Program, Provided by Leasource Financial Services, of Folsom, Ca . , having an Annual Lease Purchase Payment of $10,111 . 63, with the First Year's Payment being VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 12 Appropriated from the FY 99/00 Fire Rescue, Capital Outlay Budget, Having a $12,380 Fund Appropriation, and Authorizing the Village Manager to Execute the Applicable Contracts On Behalf of the Village. (Staff Recommends Approval) *E) Resolution No 33-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving the Terms and Conditions of the Disaster Relief Agreement, Between The Department of Community Affairs and the Village of Tequesta, Providing for Disaster Relief Assistance, Concerning the Effects of Hurricane Floyd and Authorizing the Village Manager as the Primary Designated Agent and the Assistant Village Manager/Village Clerk as the Alternate Designated Agent to Execute Requests for Reimbursement, Necessary Certifications, and Other Supplementary Documentation, and Authorizing the Village Manager to Execute the Applicable Agreement on Behalf of the Village. (Staff Recommends Approval) *F) Resolution No. 34-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida Approving a Proposal from Lawmen's and Shooters' Supply, Inc. , of Vero Beach, Florida, for Twenty-Two Holsters and Twenty-Two Magazine Cases, in the Amount of $2,074. 86, With Funds Being Appropriated from the Special Law Enforcement Trust Fund, Having Available Fund Proceeds of $14,515, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) *G) Resolution No 35-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Designating Polling Locations, Election Officials, and VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 13 Inspectors of Election, and Establishing Election Procedures in the Event it Becomes Necessary to Conduct the Municipal Election Scheduled to be Held March 14, 2000, and the Municipal Run-off Election, to be Held on March 28, 2000. (Staff Recommends Approval) *H) Resolution No 36-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Change Order with Messler & Associates Consulting Engineers of Palm Beach Gardens, Florida, for Design, Permitting and Construction Administration of the Bridge Road Improvements, in the Total Amount of $39,500, with Funds being Appropriated from the Capital Project Fund, Centeral Business District Redevelopment Architect and Engineering Fees Account, having a FY 1999/2000 Budget Allocation of $101,250, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) *I) Resolution No. 37-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida Authorizing a Blanket License Agreement, by and Between Florida East Coast Railway Company and the Village of Tequesta, and Authorizing the Village Manager to Execute the Applicable Agreement on Behalf of the Village. (Staff Recommends Approval) *J) Resolution No 38-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Graduate Level Internship with Florida Atlantic University of Boca Raton, Florida, for the Development of the Geographic Information System in the Amount of $20,500, with Funds Being Appropriated from the Water VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 14 Enterprise Fund, Personal Services Account, Having a F 1999/2000 Budget Allocation of $212,135, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) *K) Resolution No. 39-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Contract to Reese, Macon & Associates, Inc. , of Lake Worth, Florida, to Design the Phase I Water Distribution System Improvements for the Tequesta Peninsula in the Amount of $66,500, Having a FY 1999/2000 Water Enterprise Fund, Engineering Services Budget Allocation of $100,000, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) *L) Consideration of Staff Recommendation to Keep Residual Funds in the Amount of $4,856. 38 to be Utilized to Offset Expenses in Developing a Unified Local Mitigation Strategy and to Respond to the Local Mitigation Strategy Residual Funds Survey Accordingly. (Staff Recommends Approval) Motion was made by Vice Mayor Schauer to approve the Consent Agenda as submitted. The motion was seconded by Councilmember Walker. 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. VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 15 VI . DEVELOPMENT MATTERS A) Resolution No. 28-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving an Agreement with First Union National Back, as Trustee of L. T. No. 400 Dated June 16, 1983, for Postponement of Restoration of the Curb Cut to it's Original Condition at 195 Tequesta Drive and Authorizing the Village Manager to Execute the Applicable Agreement on Behalf of the Village. Village Manager Bradford reported that Gary Van Brock and his attorney had appeared before the Village Council requesting postponement of the curb cut and in return indicated that they would do a number of items . The Village Attorney recommended the items be in the form of a written agreement, which was presented as Resolution No. 28-99/00 . Vice Mayor Schauer stated she had understood there would be a letter from the Dorner Trust to the Tequesta Police Chief giving permission for the police to do their job on this property; however, no letter had been received. Discussion ensued regarding options of tabling the item or passing the Resolution subject to receipt of the letter or making receipt of the letter a condition of the agreement . Councilmember Walker questioned whether certain wording in the Resolution confirmed that the Village would allow the curb cut to stay as long as no legal vested interest in the curb cut, to which the response was affirmative. Mr. Van Brock stated he would have his attorney prepare the letter and it could be delivered to the Village the next day. The Vice Mayor stated her objection to having a barrier on Tequesta Drive and her preference to table this item until the letter was received. Councilmember Dalack pointed out corrections were needed in the Resolution to replace "it' s" with "its". Councilmember Capretta suggested Mr. Van Brock put in the hedge the next day. The Vice Mayor stated she did not want to see a barricade with lights . Village Manager Bradford commented he believed the best option would be to approve the agreement tonight subject to receipt of the letter so VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 16 that Mr. Van Brock could start installation of the hedge as soon as possible, and he would delay signing the agreement until he had received the letter. Vice Mayor Schauer agreed. Village Manager Bradford commented that he wanted to make sure that the wording in Item 3 of the agreement . . . "along the southern boundary of the property" meant there would be a hedge from the west boundary all the way to the eastern edge of the property, as opposed to a portion thereof, to which Mr. Van Brock responded yes . Village Attorney Randolph recommended the wording be changed to "along the entire southern boundary of the property", to which Mr. Van Brock agreed. Councilmember Walker made a motion to approve Resolution No. 28-99/00 with the change in wording noted above, on the basis that Mr. Van Brock provide the letter requested by Vice Mayor Schauer by Monday, January 17, 2000, that Mr. Van Brock apply for a permit and begin installation of the hedge right away, and that the Village Manager withhold his signature on the agreement until the letter was received. Councilmember Capretta 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. B) Consideration of Request to Waive/Lift Zoning-In- Progress For Assisted Care Living Facilities In The Village of Tequesta Mixed-Use District. Terrace Communities, L.L.C. as Applicant. Community Development Director Scott D. Ladd explained that this was a very preliminary presentation and not a formal review. Mr. Ladd commented that the applicants realized if the Village Council agreed with the presentation enough for them VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 17 to proceed, the applicant would have to then proceed through the entire review process . Mr. Ladd explained that the applicants would present their project and request waiving of zoning-in-progress for this project . Councilmember Capretta questioned whether such a waiver would waive all zoning-in- progress . Attorney Randolph explained that if zoning-in-progress were waived for this project, someone else could subsequently make an argument that since the Village Council had waived zoning-in- progress for this applicant that they should also be granted a waiver from zoning-in-progress. Attorney Randolph clarified for Councilmember Dalack that this would be an exception to zoning-in-progress . Village Attorney Randolph explained the meaning of zoning-in-progress at the request of Councilmember Walker. The Village Attorney explained that zoning- in-progress was like a moratorium in effect while a zoning study was being undertaken, and that during the process no permits were issued in contravention of the emerging study. The current zoning-in- progress limited the types of ACLF facilities that could be built . Vice Mayor Schauer questioned whether if the request to waive zoning-in-progress for this project were granted if the Village Council would then have the right to refuse a similar waiver for other projects . The Village Attorney responded that the Village Council would need a very specific reason that they had waived zoning-in-progress for this applicant and why they were not willing to waive zoning-in-progress for someone else. A waiver was usually granted because it was very close to the intent of the study but maybe not quite there-the applicant would be saying to the Village Council that their study was saying one thing, that they were proposing an ACLF that came close to it and they thought the Village would like it, but under zoning- in-progress it could not be done so they were requesting a waiver. Attorney Randolph explained he believed it would be a very different situation if someone was granted a waiver for a project entirely in contravention of the emerging study, which would be a definite risk, opening the door for other VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 18 applicants to request waivers of zoning-in-progress . Village Manager Bradford reported he did not recall any time limit for this zoning-in-progress; however, Attorney Randolph had written the Ordinance which would accomplish what the Village Council wanted. Councilmember Capretta commented that the Village Council had used the wrong language in referring to the types of ACLF they wanted and did not want. Village Attorney Randolph responded that was what would be corrected by the Ordinance. Councilmember Capretta requested that Mr. Ladd provide written definitions of these types of institutions . Mr. Randolph commented that was one of the things the Village Council wanted in the Ordinance, and he believed in order to discuss the various types of ACLFs and decide what they wanted, the Village Council would have to look at the Ordinance that had been prepared. Councilmember Capretta agreed, and commented that another issue to be addressed was that the industry was changing and the current goal was to keep people living in the facilities as long as possible before they had to go to a nursing home. Councilmember Capretta explained that this applicant proposed an extended congregate care facility, and although he had no problem with this request he did not know the proper language to use according to State law regarding this type of facility. Mr. Ladd commented he was working on getting definitions and information, and that parking regulations for these types of projects were also being researched. Councilmember Capretta stated if the Village Council approved this request it must be because they knew what they were getting, and at this point he was not sure they knew. Bill Burckart 11 Bayview Terrace, real estate broker for the project, presented the project and explained that 100 units were proposed, of which the majority would be for extended care with a minority for dementia care. Mr. Burckart explained that State law requires aging in place in any facility, letting the people continue their medical care, supervised diet, exercise, and medicines, under a proactive regimen. VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 19 Rooms would be available for couples, although most residents of such facilities were single and age 80- 85 . Mr. Burckart stated that the intent was to be proactive and help the people come back into the community and live a good full life. Mr. Burckart, a former Village Councilmember, presented the project and recalled that the Village Council had been concerned about nursing homes proliferating in this area when the zoning-in-progress program had been established. Mr. Burckart explained that this facility would provide longer care in a family-style setting and that transportation to the country clubs would be provided daily to encourage people to remain active in the country clubs . Ned Blayman, Principal, reviewed drawings depicting the project, explained that the company had been in business for twelve years and had other facilities of this type, that most residents lived out their lives in these facilities, and that a high level of care was provided. Jerry Gray, Principal, commented that emphasis was placed on wellness and enhancing health. Under the extended congregate care license from the State, they would be able to have dieticians and other support staff to enhance wellness programs. Mr. Gray emphasized this was not a nursing home, but a very viable alternative to a nursing home . The Vice Mayor questioned whether small animals would be allowed. Mr. Gray explained that they were considering a program allowing small animals, plants for gardening, and bringing in children. Mr. Gray explained that no policy decision had yet been made but they were going in that direction. Mr. Gray clarified that there were four owners and they owned four of these facilities . Councilmember Capretta questioned whether this company might declare themselves a non-profit organization, to which Mr. Gray responded they wanted to make money and had no intention of becoming non-profit. Councilmember Capretta questioned the rules for getting in, to which Mr. Gray responded that a person must be ambulatory and must be able to afford the rent, which started at $3, 000 per month, and there was no separate entrance fee. Mr. Gray explained that this VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 20 type of facility under State law could not accept people who required intensive care. Being ambulatory could mean being in a wheel chair, but the facility did not care for people who needed to be in a hospital or a nursing home. When a resident came to the point of needing to be hospitalized or to go to a nursing home they would no longer be able to live at the facility. Tamour Carey, a physician, asked who issued the license, to which the response was the State Department of Health. In response to other questions from Dr. Carey, information was provided that the facility did not accept medicare or medicaid but was all private pay, that medicines were given, that part of the facility was for residents with dementia, and that there was a sinking fund to provide funds if a person ran out of money. Betty Nagy questioned whether the rooms were only for singles, and was told they were not-that there were rooms for couples . Councilmember Walker questioned how far west of U.S. One the proposed facility would be located on Village Boulevard, to which Mr. Burckart responded that the location was still the same as originally discussed. Ned Blayman clarified that Orchid Island was located at the north end of John' s Island. Councilmember Dalack stated he did not want this facility in Tequesta no matter how nice it was . Councilmember Dalack made a motion to deny the request to waive zoning-in-progress for assisted care living facilities in the Village of Tequesta Mixed- Use District . The motion died for lack of a second. Councilmember Capretta made a motion to approve the request to waive zoning-in-progress for the specified extended care living facility in the Village of Tequesta Mixed-Use District (at the southwest corner of U.S. One and Village Boulevard) . (See page 24) Councilmember Walker seconded the motion. The vote on the motion was: VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 21 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. Village Attorney Randolph advised that a reason for the approval should be stated by someone who had voted on the prevailing side. Councilmember Capretta stated he had made the motion for approval because he believed the people in this area needed this type of facility. Councilmember Capretta discussed the possibility that capacity would be reached with this project so that he might not be in favor of granting approval for others . Mr. Capretta discussed the reason people needed these facilities, which was that they provided the opportunity for people to continue their quality of life and to be with their spouses as long as possible . C) Consideration of Zoning-In-Progress for Specific Sections of the Village of Tequesta Zoning Ordinance. Village Manager Bradford explained that over the years when items were deemed out-of-date, a catalogue of those items was kept so that all the zoning changes could be made at one time to keep costs down, since one ad cost approximately $1, 000 per run, and must be run twice. There were now so many outdated sections within the Code that staff was worried about the quality of the Code, and formal action was needed so that the Village Council would not be placed into a position where they could not get proper quality from future projects . Village Manager Bradford reported the Village was also in the process of soliciting qualifications from consultants such as Marty Hodgkins, who had worked with other municipalities and with Palm Beach County to rewrite outdated Code sections so that they would be in proper form. Village Manager Bradford gave one example that staff was concerned about, which was VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 22 that ENCON would be applying for lift stations in the Country Club and the Code was not felt to be strong enough to let the Village Council get what they would want in the way of landscaping, screening, etc. In response to Mayor Hansen' s question regarding who would be qualified to know what was up-to-date regarding codes, the Village Manager explained that Marty Hodgkins had revised codes for many municipalities and would be knowledgeable in that area. Mr. Ladd reported receipt of a proposal from Mr. Hodgkins . A time limit of six months to complete the revisions was proposed by Mr. Ladd, who explained that he and Planner Kara Irwin could correct typos, mispellings, etc. , so those things would not have to be done by the consultant. Village Attorney Randolph advised that if at the end of six months the project was not quite completed, zoning-in-progress could be renewed. Councilmember Capretta commented the basic principles wanted by the Village must be considered, and that the Village must decide what they wanted on the Van Brock property, which was basically the remaining land in the Village. Village Manager Bradford responded that while the zoning code applied to land to be developed, it also applied to redevelopment, retrofitting sewer systems with lift stations, and other odd items. Councilmember Capretta commented the Village was very specific about what it did not want, and the Village Council needed to think about what they did want . Councilmember Capretta recommended waiting and not building anything for a long time . Vice Mayor Schauer commented the Beach Road condos could not be re-built to the codes under which they had been constructed. Councilmember Capretta recommended having the Village Council list everything that needed fixing and what they wanted on a zoning-in- progress list, and leaving zoning-in-progress in place. Vice Mayor Schauer made a motion to place zoning-in- progress in effect for the following three Sections of the Zoning Code: (1) Appendix A - Zoning, Section 12, Sign Regulations, (2) Appendix A - Zoning, Section 10, Supplemental Regulations, Subsection (H) VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 23 Landscaping, General Requirements, Landscape Regulations for Public Utilities and (3) Appendix A - Zoning, Section 10, Supplemental Regulations Subsection (H) Landscaping, General Requirements Landscape Regulations for non-vehicular areas. Councilmember Walker seconded the motion. During discussion of the motion it was clarified that the zoning-in-progress would be just for the specific items mentioned. 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. XI. UNFINISHED BUSINESS There was no unfinished business to be considered by the Village Council. XII. ANY OTHER MATTERS Councilmember Walker announced that the Town of Jupiter would celebrate its 75th Birthday on February 12, 2000, and requested that the Village Council of Tequesta present a commemorative card to the Jupiter Town Council. Total cost would be approximately $300, which would include an announcement in the Jupiter Courier on Sunday, February 12, and Councilmember Walker requested this be kept a secret until that time. Vice Mayor Schauer commented this would show good faith in light of past differences . Vice Mayor Schauer made a motion authorizing Councilmember Walker to work with staff to prepare a commemorative card and presentation to the Town Council of the Town of Jupiter for the Town' s 75th Birthday and to place an ad in the Jupiter Courier, and that the entire Village Council of Tequesta make the presentation to the Jupiter Town Council VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 24 on February 15, 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. Councilmember Walker reported that she had met with Jupiter Town Councilmember Kathleen Kozinski and they both would like the towns to start working together for benefit of northern Palm Beach County. Councilmember Walker explained that she and Ms . Kozinski were working on some landscape proposals to clean up the gateways to both towns, predominately on U.S. One, Alternate AlA, and Old Dixie Highway. Councilmember Walker advised that formal proposals would be presented to both councils during the next month. Village Manager Bradford inquired whether earlier in the meeting the Village Council had lifted zoning-in-progress only for the project requested or for that type of development Village-wide . It was clarified that the waiver had been for that specific project only, which was for the project proposed by Terrace Communities, L.L.C. XIII . ADJOURNMENT Councilmember Dalack moved that the meeting be adjourned. Councilmember Capretta 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 VILLAGE COUNCIL MEETING MINUTES January 13, 2000 PAGE 25 meeting was adjourned at 10:07 p.m. Respectfully submi 3ed, yY.--UallrEl (15( Betty Laur Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: