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HomeMy WebLinkAboutMinutes_Special Meeting_01/25/2011 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL SPECIAL MEETING MINUTES January 25, 2011 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 5:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice -Mayor Tom Paterno, Council Member Jim Humpage, Council Member Vince Arena and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk Lori McWilliams, and Department Heads. APPROVAL OF AGENDA MOTION Council Member Humpage moved approval of the agenda; seconded by Council Member Turnquest; motion carried unanimously 5 -0. 1. Continued Discussion on the Rehabilitation Facility Language Mayor Watkins explained the Village had spent a great deal of time assisting with the proposed rehabilitation project and language issues were ongoing. She noted Council's desire was to be cautious and not to rush an approval process as their priority was the best interest of the Village and its residents. Mayor Watkins clarified that this evening's discussion was regarding proposed language changes to the Villages mixed use and did not pertain to any one specific project. Village Manager Couzzo discussed the need to ensure the language was clear, concise and complete as the Village had sought an independent expert in the field of impact analysis to determine an impact on the community. He advised suggestions he received from a facility director in Utah would be incorporated into the language and believed the new proposed language was well crafted and better met the needs of the community. Mayor Watkins pointed out that a doctor in the Village had questioned detoxification in the facility as he did not feel this would be a good fit for the Village and believed detoxification facilities were usually located in non - residential areas. Vice Mayor Paterno voiced his concerns with the text amendment changes and stated his desires were in the best interest of the community. Council Member Humpage asked the applicant if there were particular issues they believed existed. Mr. Jim Kennedy, GMH, Legal Counsel responded that he had confirmed (with the appointed doctor on staff) that the facility would not take anyone under the age of 18. Mayor Watkins asked for clarification regarding responsibility of the 24 hour security. Mr. Kennedy reassured Council that 24 hour onsite security would be covered by staff, trained and licensed for patient security, and it was not their intention to utilize Tequesta patrol officers. Minutes — Special Council Meeting 1/25/11 Page 2 Council Member Humpage asked how the facility would know if a client was to leave on their own accord. Mr. Kennedy responded that staff would be aware, but persons' would not be tracked. Manager Couzzo noted his understanding of policy which escorted patients to outside activities. Joe Macchione, GMH's Chief Operating Officer explained their plan offered a step program which would monitor clients on offsite routine activities until they felt the clients was strong enough to advance to the next level as it was crucial for clients to progress back into normal existence. Council Member Humpage questioned the process if a resident did not return. Mr. Kennedy replied that he would need to get confirmation on what their process would be. Council Member's Arena and Turnquest questioned the addition of gates and surveillance. Mr. Kennedy stated that their intent was to create a welcome, relaxed feeling and felt too much security could generate a false sense of negativity, and if a potential threat developed staff would call the Tequesta Police Department. Council Member Arena asked about formalities concerning celebrities and potential stalkers. Mr. Shaun Gallagher, GMH Investment Analyst, responded that cameras onsite (around the fencing) could assist and they would further investigate the installation of gates. Mr. Kennedy responded that they were trying to be as thorough as possible and did not have answers for every possible scenario, but were open to suggestions and more research as client privacy was important. Joe Macchione offered their Executive Director by phone to discuss detox and explained that detoxification was an enhancement to the program and a vital component of the facility as it added another level of complexity for clients as part of an extended program and not a single service. Mayor Watkins questioned clients coming off the streets to detoxify. Mr. Macchione responded that clients were required to be pre- screened and assessed before admittance and the facility would not take someone off the street. He further explained that they would not offer detoxification alone and their research showed a one location treatment facility would be more successful. Council Member Humpage mentioned Palm Beach Counties detox facility (CARP) which offered a 72 hour evaluation and then the person would be released. Lieutenant Jason Turner, Tequesta Police Department confirmed. Mr. Macchione suggested that language be added to clarify that detoxification could not be offered as an individual service and must be tied to a 30 or 60 day program. Attorney Keith Davis recalled his conversation with Dr. Caddy regarding detox, and the difference between natural (an observation, no medicine or chemicals) and medical detox (hospital setting which involves constant supervision and medicines). He noted that this information was not in the language before them. Mr. Kennedy responded that GMH was not offering a medical type detoxification program and their desire was to assist clientele with their recovery from start to finish. Minutes — Special Council Meeting 1/25/11 Page 3 Council Member Turnquest stated that the text amendment would affect the entire Village and was not GMH Partners specific. Council Member Humpage stated another facility would have to go through the special exception process and Councils examination. Manager Couzzo voiced his concerns regarding Council taking the necessary time to address the amendment corrections. Public Comment Dr. Kim Koger, 140 Gulfstream Drive, expressed his beliefs that this type of facility was not usually in a neighborhood setting, and voiced his concerns for residents' safety. He felt the applicant had sugarcoated the issue, and detox centers were typically located in commercial areas and near hospitals. Dr. Evan Rosen, Rio Vista area resident, stated he agreed with Dr. Koger (Tequesta resident) as Tequesta was not the appropriate venue for a detox facility and he did not want to open the community to this. Council Member Arena commented that if he understood correctly, a rehab facility was okay, but detox was a problem. Dr. Koger agreed and commented that he and Dr. Rosen were familiar with treatment and explained the medical detox process was a unique part of medical care dealing with addictive personalities and was not appropriate for the Village. Village Manager Couzzo advised that staff recommendation was not to include detox facility in the language, and should not be a component of a rehabilitative facility. Geraldine Genco Dube stated she agreed with the previous public comments, but understood that it was almost impossible to separate detoxification from drugs and alcohol and doctors could not just allow patients to go through withdrawals. She expressed concern on how this fit into the Villages comp plan versus the long term community needs and did not feel this was something the comp plan anticipated. Mayor Watkins commented that she understood Jupiter had approved a detox only facility, and noted it had been written in that GMH could not use any government funding. She advised the Council that detox was going to be a big issue. GMH representative commented that they would be applying for grants. Council Member Turnquest noted there were different ways of doing research and grants could be funneled to a facility that would do research on their behalf. Attorney Larry Smith, representing GMH, requested clarification that the Village wished to avoid opening this facility to publicly funded patients. Council Member Turnquest commented that, that would eliminate any data research ever being done by this facility. Attorney Smith commented there could be grant sources other than state or federal, and if a federal grant was received they would be obligated to take patients from a federal program. Mr. Kennedy commented that GMH Minutes — Special Council Meeting 1/25/11 Page 4 would be okay with the special exception stating that they would not take patients from such a program, and if that meant they could not take the funding from that program, then they would not take the funding. Attorney Smith suggested Dr. Worden clarify his understanding of recipients obligations regarding federal grants and patients. Mr. Kennedy stated that GMH would agree to language in the special exception confirming that patients would not be taken pertaining to specific funding programs. Chief Weinand offered clarification on wording intentions to avoid forced patients at the facility against the applicants' desired patient type. Shaun Gallagher discussed section 16c and clarified the definition of efficiency units. Nilsa Zacarias, Village Planning Consultant confirmed. Mayor Watkins stated she did not have an issue with efficiencies. Manager Couzzo stated that the language would only allow a facility as much as 10 percent of the building to efficiencies. Vice Mayor Paterno referred to D and voiced that 10 units per acre was too much. Chief Weinand clarified the building would have a total of 84 units and a total of 117 beds once the building was at 100 percent build out. He noted the applicant was proposing to do only two (of the three) floors with 75 beds. Manager Couzzo offered his advice regarding (H) interior and exterior security and utilizing Village personnel at the facility 24 hours a day as the ideal situation. Mayor Watkins did not feel it necessary and did not care for the prison feel that it would offer. She felt what GMH had intended for security would be sufficient. Shaun Gallagher agreed that resident safety was of great importance but believed their facility was equipped and prepared. Manager Couzzo stated that his research on the security issue did show that his initial suggestion of 24 hour Tequesta staff monitoring may be too much for this situation. Manager Couzzo suggested a security plan be submitted during the special exception process to be approved by administration, the police department and Council. Mayor Watkins did not believe it to be the duty of the Village to have a police officer manning parking lots. Manager Couzzo stated the Village may at their discretion request studies. He requested direction from Council if their desire was to perform an impact analysis. Manager Couzzo did not believe the cost of the analysis would be excessive. Mayor Watkins and Nilsa Zacarias supported obtaining the analysis report. Ms. Zacarias noted concerns regarding different types of addictions could be answered through the analysis. Manager Couzzo noted he was more concerned with the impact on the community. Vice Mayor Paterno questioned potential code issues. Attorney Keith Davis responded with details of the code process and special magistrate with regards to violations and fines which Minutes — Special Council Meeting 1/25/11 Page 5 he added would generate revenues but would not shut down a business. He noted once the adoption of the language took affect there would be multiple steps GMH would need to complete before their doors could be opened for business. Vice Mayor Paterno voiced his concerns regarding room sizes (D). He felt the rooms should be smaller with less traffic, staff and people. He believed the Village could attract more facilities with this leniency. Manager Couzzo offered adjustment options on footage calculations. Council Member Arena recalled past thoughts regarding penthouses on the third story. Manager Couzzo noted that restrictions should be placed on units and persons as compared with the original concept of 70 units versus present projections of 84 units and 117 beds. Chief Weinand responded the original approval was for an assisted living facility with 24 units per acre which coincided with the 84 units. Council Member Arena felt the original proposal from GMH had changed. Mr. Gallagher stated that they were holding off on developing the third floor. Attorney Smith reminded that the building was designed for 84 units and changes could leave the developer stuck with the building. Vice Mayor Paterno voiced his concern with the project growing too large. Mayor Watkins established Councils approval of ten units per acre. Four out of five Council members confirmed approval, Vice Mayor Paterno against. Council took a break at 6:44 p.m. and reconvened at 6:57 p.m. Mr. Jim Kennedy, Attorney for applicant (GMH) stated detoxification was a critical component for the facility and suggested their Director Tim Worden speak to Village utilized doctor, Dr. Glenn Ross Caddy, Ph.D., Clinical and Forensic Psychology, at their (GMH's) expense to offer clarity on the detox issue to the Village Manager. Manager Couzzo replied that their offer would be acceptable, and expressed his concern that this may require additional time which would push the item past next month's Council meeting. Council Member Turnquest offered opinions from his wife, an emergency room doctor, who believed that rehabilitation would have to involve detox and security measures should be in place. Mayor Watkins stated she was not comfortable at present with detox and would like more clarity and understanding. Manager Couzzo suggested more specific language be added regarding detoxification. Attorney Larry Smith questioned the time line and if another workshop could be considered in an attempt to make the next scheduled meeting. Manager Couzzo noted that would be possible and explained that the Villages' stance was to be thorough in their process regardless of time and outside agendas. Council Member Humpage expressed support for the facility but noted his resistance toward detoxification being offered and his unfamiliarity. He stated he would be fine with another meeting. Vice Mayor Paterno pointed out that the meeting should be held at a convenient time for the public. Mayor Watkins suggested the Village make every effort to include the public and not rush the process. She pointed out positive cooperation by the applicant and that she had not heard major negatives from residents and that the project would benefit from Minutes — Special Council Meeting 1/25/11 Page 6 educating the Village as a whole. Manager Couzzo suggested that Tuesday meetings would not preclude anyone from attending. Attorney Smith suggested utilizing Dr. Caddy for presentation purposes since he was working for the Village and GMH would be paying for his time. Manager Couzzo felt the two doctors language could be developed within two weeks. Council Member Humpage agreed on utilizing Dr. Caddy and a meeting on the next Tuesday. He asked that the Village alert residents as diligently as possible. Manager Couzzo asked to add language clarifying that the impact analysis would primarily determine the impact of any rehabilitative facility on the quality of life in the community as he was not concerned with potential profits of developers. Mayor Watkins voiced her concern regarding her input and the end of her term on the Council. Attorney Davis and Lori McWilliams, Village Clerk offered clarification regarding Mayor Watkins concern. Mayor Watkins asked to advertise the Tuesday meeting in the Palm Beach Post. MOTION: Council Member Humpage moved to hold a Special Meeting on Tuesday February 8, 2011 at 6:00 p.m. to further discuss rehabilitation language; seconded by Council Member Turnquest; motion carried unanimously 3 -2 with Mayor Watkins and Vice Mayor Paterno dissenting. Manager Couzzo stated the revised language would be available within two days regarding tonight's detoxification language. Mayor Watkins confirmed that the Village would hire Dr. Caddy and he would attend the next meeting. ANY OTHER MATTERS - None ADJOURNMENT MOTION Council Member Humpage moved to adjourn, seconded by Council Member Arena; the motion to adjourn carried unanimously 5 -0; therefore, the meeting was adjourned at 7:20 p. M. Respectfully submitted, Lori McWilliams, MMC Village Clerk Note These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office.