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HomeMy WebLinkAboutMinutes_Special Meeting_12/02/2010 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL SPECIAL MEETING MINUTES December 2, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 9:03 a.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice -Mayor Tom Paterno, Council Member Jim Humpage, and Council Member Calvin Tumquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk Lori McWilliams, and Department Heads. Council Member Arena was absent from the meeting. APPROVAL OF AGENDA MOTION Council Member Humpage moved approval of the agenda, seconded by Council Member Tumquest, motion carried unanimously 4 -0. PRESENTATIONS / PROCLAMATIONS 1. Council Review and Discussion Regarding Proposed Zoning Text Amendment Necessary to Allow a Rehabilitation Center in the Mixed Use Zoning District. Contract Purchaser of the Former Cornerstone Property are Proposing Such as Use at Site. Village Manager Couzzo explained that this meeting was to discuss Council consideration of a language change to the Mixed Use Zoning District. The language change being considered would allow a rehabilitation facility as the staff had defined it in their proposed language. Fire Chief and Acting Community Development Director Weinand explained this would amend Village Code to allow a rehabilitation facility in the mixed use district as a special exception use, and requested Council feedback. He explained that staff had built into the language elements that would require the facility to be high -end. Vice Mayor Paterno questioned the outpatient treatment included in the language, and expressed concern of people potentially being on the street or coming and going. Also he noted according to the third party agreement they could not have outpatients. Village Manager Couzzo explained the Vice Mayor was referring to an existing tri -party use agreement between GMH, owners of the property on Dixie Highway; Brookdale, the owners of Sterling House; and the Village, which did not allow for an outpatient facility, and GMH would be precluded from providing outpatient services as the agreement currently stood. However, Council could allow it in the mixed use text amendment for future use, or delete it entirely. Vice Mayor Paterno expressed concern that Council already agreed as a party to the document that there would not be outpatient services and requested it be deleted. Minutes — Special Council Meeting 12/02/10 Page 2 Village Manager Couzzo explained the outpatient language would apply to any facility in mixed use as a rehabilitation facility and those eligible would only be those who had been previously enrolled in long or short term care at the facility. He commented that GMH would have to find an alternative to accommodate follow -up with their patients. There were two options for care short term for 30 days or long term for 30 -60 days; if follow -up was needed the patient would have to enroll in a program again. Jim Kennedy, General Counsel for GMH, explained he had talked with the Clinical Director, Dr. Tim Warden, who advised the outpatient component did not mean in and out off the streets, but was a patient who had already been in the facility for 30 -60 -90 days who felt a potential for a relapse, and follow up treatment might not be as intense as the previous program. Clients wanted the ability to come back to the same facility and staff. The Vice Mayor commented that outpatient did not work for this community. Mr. Kennedy indicated patients would stay at the facility, however, that could not be mandated. The Vice Mayor commented a solution to protect the community was needed. The Village Manager explained the proposed outpatient language specifically stated it was only for those who had previously enrolled and participated in a minimum 30 day program. The language did not address or provide for someone to come back and spend a week. Mayor Watkins commented she believed it was already covered on page 11 under #5. Attorney Larry Smith, Local Counsel for GMH, explained how the outpatient wording had been arrived at during discussion with staff. He commented Chief Weinand had done a lot of research in trying to find language to make this a threshold top notch high end facility, and asked that the word "optional" be inserted prior to outpatient treatment. Village Manager Couzzo commented in looking at this globally for the MU district, possibly the process was ahead of itself as far as global. First the tri -party use agreement needed to be resolved, and secondly, the refresher and language needed to be addressed. If GMH didn't get the agreement changed, they would not have outpatient services. Chief Weinand advised the tri -party agreement was just for GMH's concern; the Council needed to look at this globally. GMH had options of doing a satellite office for out patient services, or they could change the agreement to follow up treatment and prohibit outpatient. This would be a high end facility that would not be allowed to accept state or federal funds. Village Manager Couzzo interpreted follow up treatment to mean someone must come back as an in patient for a minimum of 30 days. Attorney Kennedy advised the satellite office had been discussed, and would be fine with a time frame put on outpatient services. He did not think someone would come back for a day and would come for a set period of time. He acknowledged this type of facility did cause concerns; Minutes — Special Council Meeting 12/02/10 Page 3 GMH wanted the text amendment to include some type of outpatient component in order to prove themselves and show everyone that they would deliver what they told the Village they would do. He noted then they could go to Brookdale and request to add an outpatient component. Frank D'Ambra, 23 Leeward Circle, suggested removing the term outpatient and redefining it as inpatient follow up care with a set minimum time frame. The Village Manager advised staff could come up with language to accommodate that, and suggested a percentage of inpatient and outpatient; predominately inpatient. Vice Mayor Paterno requested the language be amended to allow telecommunication as outpatient service, and come back with that language. Village Manager Couzzo did not believe that teleconference needed to be addressed here but should be included in the special exception. Sal Sullivan, Lighthouse Cove, asked if they would have an out patient pharmacy. He expressed concern with associated mental health issues and suggested issues associated with some disorders. Attorney Kennedy responded there would be no pharmacy and patients would not be treated with drugs. Council Member Turnquest commented most times addiction problems were not due to mental, but emotional issues, for which people used alcohol, food, and drugs. Mr. Sullivan expressed his opinion that specific language was needed to address that. Chief Weinand indicated patients must primarily be there for drug, alcohol or eating disorders. Discussion ensued regarding establishing a % mile radius which could put it outside of Tequesta; however, by law the Village must have the ability to have another facility. Chief Weinand advised there could be another facility on Bridge Road in the MU district, but there would not be much room. He commented follow up treatment was critical to care. He noted that patients would not drive to this facility, and he had looked at the parking requirements and felt comfortable. Number of units per acre was discussed. The Village Manager explained the number of units being considered at max build out was 84. With 9.3 acres there would be 9.5 units to the acre and that would be okay. Vice Mayor Paterno expressed concern the next owner could add units or add floors and pack the beds in. Village Manager Couzzo responded it would be prudent to incorporate a not to exceed number of units per acre to allow for a patrol mechanism. Buyers would know the limitations. Discussion arrived at Council Member Turnquest, Council Member Humpage, and Mayor Watkins agreeing to 10 units per acre, or 93 units. The Vice Mayor would consider that. Village Manager Couzzo explained the first and second reading process, indicated that he would move forward and put in the density issue and modified language on the follow up care Minutes — Special Council Meeting 12/02/10 Page 4 (Council Member Humpage wanted follow up linked to a time frame). Manager Couzzo asked if they could live with not to exceed two weeks as follow up care. Attorney Kennedy suggested patients pay for 30 days, but they could decide to leave before that. Village Attorney Davis advised the definition of amended use needed to be amended. The Council expressed no other concerns. Following a 5- minute break, the meeting reconvened at 10:17 a.m. 2. Proposed Shared Parking Regulations & Requirements Chief Weinand explained new tenants coming into shopping centers always brought questions about parking. Village Code stated parking was to be considered at time of erection of a shopping center or when it was 25% renovated, or if floor and seat space was added. Parking is calculated one space per 250 feet. If Council wished to change parking to occupancy specific calculations, shared parking needed to be looked at and the code would have to be changed. Village Manager Couzzo indicated Tequesta was becoming a North Palm Beach County dining destination and parking was a concern. He asked if Council wanted to get involved in managing or administering this or if they liked the code the way it was. Chief Weinand explained there had been no complaints from plaza owners; the P&Z board had brought this up and mentioned looking at occupancy uses. He suggested addressing shared parking. Discussion led to Council agreement they were good with it the way it was and the Vice Mayor asked that staff just keep an eye on it. ANY OTHER MATTERS Council Member Humpage commented the Village flag on the AT &T pole looked magnificent. He felt AT &T was in violation of their contract because they had not provided a flag within 72 hours. Village Manager Couzzo responded the Village had made arrangements with AT &T's subcontractor who would provide the Village with the flags, and he would check the status. Council Member Humpage requested they be put on notice if a flag was not provided quickly. Village Manager Couzzo announced he would schedule a first reading in January of the text amendment for Mixed Use to allow for a rehabilitation facility and commented on advertising. Vice Mayor Paterno requested a sign be placed on Tequesta Drive and Old Dixie to notify the public. Council Member Humpage reported the response from Martin County for dog park funds was there was no funding available. Minutes — Special Council Meeting 12/02/10 Page 5 Vice Mayor Paterno commented on fences and having boats parked in front yards by the fencing location. JoAnne Burnsed, Executive Assistant to the Fire Chief, felt this was already covered in the code. Chief Weinand indicated this would be clarified and brought back if needed. Councilmember Turnquest reported he would be meeting with Sheriff Bradshaw to discuss their relationship with the Village. ADJOURNMENT MOTION Council Member Humpage moved to adjourn; seconded by Council Member Turnquest; the motion to adjourn carried unanimously 4 -0; therefore, the meeting was adjourned at 10:41 a.m. Respectfully submitted, Lori McWilliams, MMC Village Clerk I