Loading...
HomeMy WebLinkAboutMinutes_Miscellaneous_06/06/1996_Public Safety Committee c � `��• VILLAGE OF TEQUESTA ; , , Post Office Box 3273 • 357 Tequesta Drive �' Tequesta, F7orida 33469-0273 • (407) 575-6200 � ` Fa�c: (407) 575-6203 �- a ; o B 4 f ��N coUM� VILLAGE OF TEQUESTA PUBLIC SAFETY COMMITTEE MEETING MINUTES JUNE 6,1996 I. CALL TO ORDER AND ROLL CALL The Tequesta Public Safety Committee held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, June 6, 1996. The meeting was called to order at 4:30 P.M. by Chairman Joseph Capretta. A roll call was taken by Betty Laur, the Recording Secretary. In attendance were: Chairman Joseph Capretta, and Committeemembers Carl C. Hansen and Elizabeth A. Schauer. Village Staff present were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. APPROVAL OF AGENDA Committeemember Schauer made a motion to approve the Agenda as submitted. Committeemember Hansen seconded the motion. The vote on the motion was: Joseph N. Capretta - for Carl C. Hansen - for Elizabeth Schauer - for The motion was therefore passed and adopted and the Agenda was approved as submitted. IZr�vcf�°d P���u�� PUBLIC SAFETY CONIlyiITTEE ME�TING MINUTES JE3NE 6, 1996 PAGE 2 ----------------------- III. GONIl�1tJNICATTONS FROM C�TIZENS Toan Little, 486 Dover R�ad, expressed concern that hurricane season was approaching and that tree trimminqs left by the roadside could become projectiles during a storm. Mr. Little suqgested the possibility of a Hurricane Ordinance be considered, �nd that people not be allowed to pile up trash right before a storm since it took Nichols Sanitation a few days to pick up. Village Manager Bradford explained that when a clamshell truck was required that pick up could be delayed appraximately three days. �V. DISPOSAL OF PROPERTY LOCATED AT 370 MAPLE AVENtJE Chairman Capretta explained that the owner of the property at 370 Maple had provided no upkeep for several years, that fines of over $65,000 had accumu].ated, and subsequently that the Court had awarded the property to the Village. A decision was necessary reqarding what would be done with the praperty. Options available were: demolition, renovation, or sale with conditions for renavation. Village Manager Bradford expressed concern that demalition of the house in order to sell the lot so that a new ho�ne could be built might result in a market price for the new house which would exceed that of the neighborhood, A proposal for demolitian had been received by the Vil.lage for $8,700. VilZage Manager Bradford explained that the property appraiser had establishe� the value of the land at $30,000, and that a new house in that neighbarhood would cost between $85,000- $115,00�. Neil Vander Waal, who was present in the audien.ce, commented that a financial institution might not be willing to loan on a property which would be overpriced for the area. Mr. Vander Waal explained that he was present at the meeting in order to inform the Committee that he had someone i.nterested in buying the property "as is". Another man present in the audience who lived across the street from the property stated that he was also interested in purchasing the property "as is". Village Manager Bradford commen�ed that he had had 15 - 20 inquiries and had told each that if the Village Coun�ii picked the option of sale with conditions for ren.ovation that they would all be given an equal chance at the property. Village Manager Bradford PUBLIC SA�'ETY C�t�A+tITTEE I�ETING MINUTES JLJNE 6, 1996 PAGE 3 T---------------------- suggested that if an auction were held that a minimum bid be set at $12, 000. Chairinan Capretta suggested that a real estate appraisal. be obtained. Village Manager Bradford explained that the foundation and walls were the only parts of the house that would be salvageable. Commit�teemember Scha�aer questioned whether the Viilage was mowing the property since the grass was over 12" high, to which the Village Manager responded he would contact Public Works. Chairman Capretta expressed his opinion in favor of holding an auction and selling the property with conditions for renovation so that the property would not remain an eyesore. Committeemember Hansen questianed whether bids should be in the form of bid offers to be submitted in two we�ks, to which the Village Manager responded he could pl.ace an advertisement and then send bid invitatians to all who had inquired about the property. Discussion ensued regarding appropriate time frames which should be established for completion of certain items, such as a certain number of days to have the roof completed. Mr. Vander Waal comnlented that six months would be sufficient time to compiete the whole renovation. Village Manager Bradfard explained that there would be a general time frame to accomplish Village Council approval of the highest bid, after which the contract would be executed and the times for the conditions would begin. In response to Committeemember Schauer's question whether the highest bidder would know ahead of Village Council approval that he would get the job so that he could begin to put things in order, Village Attorney Randolph explained that the high bidder would not be informed until the Village Council had approved the bid. Councilmember Michael Meder, who was present in the audience, comm.ented that the time frames for conditions would run from the closing and not from the award date. Tom Little, 486 Dover Road, expressed his opinion that the minimum bid should be at least $�0,000 to recovez funds which the Village had spent on this matter. Mr. Little also questioned whether the foundation height would have to be raised to meet the current Building Code requirements, and expressed concern that the 'time frames would not be sufficient if such a problem must be worked out with the Village. Mr. Little suggested that hol�.ing an auction would increase the flow af dollars to the community over a sealed PUBLIC 5AFETY COMMITTEE ME�TING MINUTES JL7NE 6, 1996 PAGE 4 bid process, and recommended that the Village find out the cost o� an auctioneer. Discussion ensued regarding whether the slab would have to be raised to meet current Code for a renovation project rather than for new construction. Mr. Little commented that he believed if a certain percentage of renovation were made then the n.ew height requirement must be met. Committeemember Hansen commented that he would expect the bidders to be professional people who would ascertain. the conditions with which they must comply, and if conditions were unreasonable they wouid tak� exception to the bid. Chairman C�pretta recommended that Building Official Ladd look at th2 key questions, such as the level of the foundation, since it had been his impression that as long as an exterior wall was left from the origin,al structure that the new fl.00r height requirement did not apply. Committeemember Schauer commented that the consulting engineer's report had been very descriptive regarding what needed to be done for renovation. � Village Attorney Randolph advised that the decision whether to have an auction or sealed bids should be made after selection of an option for demolition, renovation, or sale with conditions for renovation. It was stated that staff would research the options and choose the best alternative. Committeemember Schauer made a motion to sell the property at 370 Maple Avenue with conditions for renovatian (Option #3). Comm�titteemember Hansen seconded the motion. The vote on the motion was: Joseph N. Capretta - for Carl C. Hansen - for Elizabeth Schauer - for The motion was therefore p$ssed and adogted. V. ZONING ORDINANCE AMEATDMENT FOR SPECIFIC MEDICAL HA,RDSHIP Village Manager Bradford explained that Tom Little, 486 Dover Road, had previously requested a waiver for parking his motor home which had been denied. Subsequently, on October 12, 1995, Mr. Little had approached the Village PUBLIC SAFETY CONIlrlITTEE MEETING MINUTES • JUNE 6, 1996 PAGE 5 ----------------------- Council seeking help relative to the hardship facing him regarding access to his motor home for his wife who he had explained had a medical hardship. Village Manager Bradford stated that a copy of that portion of the Village Council meeting minutes had been provided for the Committeeit�.embers to review, and explained that the Village Council had voted 3-2 in favor of having staff look at the existing portion of the Tequesta Zoning Ordinance to see what could be done. Subsequently, Village Attorney Randolph had prepared a draft ordinance for review and consideration, which would provide an amendment for medical hardship waiver under certain conditions enumerated within the ordinance. Committeemem.ber Schauer stated that she had re�riewed the draft ordinance and that her position was the same, i.e., that she would prefer not to approve the ordinance and to leave the Code as is. Committeemember Hansen commented that he did not think af a mator home or recrea�ional vehicle as the type of transgortation normally used to transport handicapped people, and considered an average car which had no steps better suited. Mr. Hansen commented that ADA guidelines mentioned wide doors for access and a lot of other things which did nat appl�r to motor homes. Chairman Capretta commented that this matter had been discussed several times. Tom Little, 486 Dover Raad, commented on the last paragraph in Village Manager Bradford's memo to the Public Safety Committee members, which stated, "Just as a point of information, at your recent Village Council Meetings, Mr. Little has been indicating that Attarney General �pinions indicate that it is illegal for municipalities to adopt regulations for handicapped parking. The Village Attorney advises me that this is not the case." Mr. Little stated everyone was familiar with 84-1 which he had read at practically every meeting. Mr. Little read aloud from a dacument which he stated was dated 6/4/96 at 13.52.51, Office of the Attorney General of the State of Florida, from Tom Baxter Law Library: The Sheriff's Office of each of severa.I counties of this State sha13 enfarce al� of the PUBLIC SAFETY CONIl�IITTEE MEETING MINUTES JUNE 6, 1996 PAGE 6 ----------------------- traffic laws of the State on a11 the streets and h.ighways thereof and e�sewhere througho�t the Count�r wherevex the public has t�e right to travel by motor vehicles. Faotnote number 3r See E.G. AGD 84-1 (Municipalities are not au�horized by 1aw to enact an ordinance regUlating park.ing for phys�cally disabled persons on pri vate property) In AGO 83 and 84 the provisions of 316 Florida Statutes are enforceable on pri vate property only when the public has the right to trave.t by motor vehicle thereon. Village Attorney Randolph commented those were correct statements, but they were not relevant to what was being done; and that �here was a Statute which related �o physically handicapped parking which could be enforced on public property and it did not allow someone to go onto property such as the shopping center next door and require them to have physically handicapped spaces, and did not allow the Chief of Police to go onto a property owner's property without the permission of the property owner to go on to enforce the Statute. Village Attorney Randolph stated he did not see how that related to what was being done here in regard to trying to craft out a provision for it, and stated that he believed that in this ordinance an attempt was made to craft out a provision for physically handicapped parking. The Village Attorney commented that it seemed that the argument being used was saying that could not be done, and if so, the ordinance would have to be left the way i� was. Village Attorney Randolph commented that what was attempted by this ordinance was to try to accommodate private people for the need of a physically handicapped person. Chairman Capretta commented that Mr. Little's arguments and the reading of the code led him to the conclusion that the Village had no business passing such an ordinance, and might not have the right to do it. Village Attorney Randolph stated that was where the argument would lead if the argument was correct, but the argument was not correct as it related to these properties. In response to Chairman Capretta's question of what this ordinance would do if passed, Village Manager Bradford expiained that it would provide for specific medical hardship for the parking of vehicles referenced in certain sections of the Code as being PUBLIC SAFETY COIrIlrIITTEE MEETING MINUTES JUNE 6, 1996 PAGE 7 illegal on private property. Village Attorney Randalph stated that currently there was no Code provision for medical hardship, and that the hardship Mr. Little would have to show was the same as anyone would have to show for granting of a variance--that there was something unique about his particular property which should allow him to park a motor vehicle of this size when no one else in the Village had the right to do that. The question was raised whether in addition to that the Village should have a provision in the Code which would allow someone to obtain a variance from the Code for a medical hardship, which was why this ordinance was drafted. Attorney Randolph stated that he was not sure whether, under the provisions of this ordinance if it should be passed, Mr. Little would be successful in getting an exemption for parkinq his motor home; because the Ordinance read that in order to be granted a variance for medical hardship it must be proved that (a� the parking of the vehicle could not reasonably meet the terms of the Ordinance without the granting of a waiver. Attorney Randolph stated that there had been a question of whether or not Mr. Little's vehicle could legally be parked on the property. Attorney Randolph commented that the Ordinance also required that (b} the vehicle for which the waiver was sought was necessitated for the use of the transportation of a physically handicapped person living on the premises and that another vehicle not regulated under the terms of the Ordinance was insufficient for transportation of said physicaliy handicapped person. And (c) that the vehicle for which the waiver was sought shall be specifically equipped for the transportation of a physically handicapped person; and td) that a notarized letter attesting to the truth of the information contained therein be provided from a medical doctor verifyin.g that the person on the premises �or whom the waiver is requested is physically handicapped and is in need of the vehicle for which th.e waiver is requested for transportation purposes. Attorney Randolph stated this was a reasonable Ordinance; however, he was not sure it was going to get Mr. Little what he was looking for. Mr . Little cofnmented that, number one, that was the only vehicle he had since in Octaber his car had floated away . during the high waters. Mr. Little stated, number 2, how many handicapped vehicles do you find in the community that PUBLIC SAFETY CObIl�lITTEE MEETING MINUTES JUNE 6, 1996 PAGE 8 have facilities for restrooms, and stated that his wife when she says, "Tom, bathroom", she didn't mean ten minutes from now or twenty minutes from now, she means now. Mr. Little stated he found a landing area immediately, that we had ali had the goosey gallop trots or G.I.`s or whatever you wish to call them, diarrhea, and he had had several experiences over the last four years, and when she says "restroom", he landed right now with that motor home. Mr. Little stated, "I need it. I`ve got to have it for that purposes only. I've got to be there. I've got �o have it instantaneously, practically. And again, going back to Footnote 3, it's so specific, whenever the public has the right to travel by motor vehicle. They don't have the right to travel. �ou cannot legislate, and basically, it's not the vehicle, the person is who you are legislating. That's the handicapged person. T can take that blue tag that I have right now in my motor home, if I had a vehicle with restroom facilities in it I would take that tag and go anywher� with her, but I've got to have the restroom. You're not going to find it ' in the vans coming from Jupiter Hospital, or any of the ambulance squads that I know af. Here aqain, we are right back to square one. Ladies and Gentlemen, I asked for your help last time very, very nicely, and so forth. I am still asking for help. And I don't think this Ordinance is going to do it because basically, you can't legislate a disabled person's vehicle on private property, according to Florida State Statutes 316." Committeem�mber Hansen suggested that recommendation be made to the Vill.age Council not to pass the proposed Ordinance. Villaqe Manager Bradford commented that another applicant was on the Village Council meeting agenda for next week who was seeking a medical hardship for a motor home, and expressed his personal opinion t_hat wai�ers should not be allowed. Mr. Little suggested tha� there should be give and take rather than a dictatorial position, and commented that in almost every chapter in the Village Codes there were provisions for waivers, variances, and hardship. Mr. Little stated that the only section of the Code which mentioned hardship was the section he had been discussing. Chairman Capretta questioned where Mr. Little had been parking his motor homes on his property for the last several years. Mr. Little responded that it was the same approximate location, PUBLIC SAFET3� COIyIl�IITTEE MEETING MINUTES JUNE 6, 1996 PAGE 9 ----------------------- however, since Mr. Vorpagel had erected a fence alongside the property, that fence had preven.ted Mr. Little from backing the motor home deeper into that side of his lot; however, Mr. Little stated he did n.ot bel.ieve that was the problem based upon the opinion he had obtained from the Attorney General's office which said that a municipality could not l.egislate a disabled person's vehicle on private property--that it was not a thoroughfare. In response to Chairman Capretta's question whether the police had tried to stop Mr. Little from parking appro�imately where he had parked since 1972, Mr. Little responded that the only episode had been with Code Enforcement Officer Davis who verbally informed Mr. Little he was not in compliance with the Code, and that was when Mr. Little had requested a waiver because of hardship, which was denied. During en5uing discussion, Chairman Capretta questioned why Mr. Little kept bringing this matter up since he had never been cited. Mr. Little explained that he wanted to be in good standing. Chairman Capretta expressed the opinion that the PoliCe and the �Tillage had been compassionate by having left Mr. Little alone, and explained that the Village had not found a way to write an ordinance that was applicable to all the people in the Village and also to solve Mr. Lit�le's particular problem. Chairman Capretta commented that his advice to Mr. Little was to continue what he was doing, and to see what happened in the next case which would be cominq up. Councilmember Meder questioned whether Mr. Little was saying that the Florida Statute sai.d that it was illegal for a municipality to regulate motor vehicles, to which Mr. Little responded that it stated regulation was illegal for physically disabled persons on private property. Mr. Little exp].ained that he used a piece of plywood for a ramp to push his wife's wheel�hair into the motor home. Chairman Capretta questioned whether this Committee should act on this matter or send it to tl�e full Villaqe Council, to which the Village Attorney responded that the full Village Council had requested the Public Safety Committee's recommendation, tY�eretore, it had to go back to the Village Council. Committ�:emember Hansen made a motion to bring the proposed zoning ordinance amendment for speaifie medical hardshig PUBLIC SAFETY COI�tITTEE MEETING MTNUTES JtJNE 6, 1996 PAGE 10 before the full Village Council with the recom�nendation from the Public Safety Committee that it not be approved. Com�nitteemember Schauer seconded the motion. The vote on the motian was: Joseph N. Capretta - for Car1 C. Hansen - for Elizabeth Schauer - for The motion was therefore passed and adopted. Village Manager Bradford requested and received clarification from Chairman Capretta that the decision of the Committee would be made to the Village Councii in the report of the Commit�ee's meeting rather than placed on the agenda of the Village Council meeting. Mr. Little questioned where he stood. Village Manager Bradford stated that Mr. Little was in violation of the Code. Mr. Little � stated, go back to the original variance he had �equested referring to that section of the Code and grant the variance based upon the haxdship that was in the Code. Viilage l�Ianager Bradford explained that staff had reviewed Mr. Little's property and had found that he could park his motor home legally under the Cod.e if he parked it on the east side of his property, and he believed that the issue came down to the fact that Mr. Little did not want to make the changes necessary to come into compliance with the Code, and questioned Mr. Little whether he did or did not want to make the necessary changes. Mr. Little responded that he did not, that on April 18 his wife had fallen and broken her 1eq and had fin.ally came home from the hospital and nursing care center, and now had to use a walker. Mr. Little again stated he did not see how the Village could legislate this matter since according to Florida Statutes munieipalities are not authorized by law to enact an ordinance regulating parking for physically disabl.ed persons on private p�operty. Chairman Capretta pointed out that Mr. Littl.e could park his motor home legally on his lot even though it wa� not the most convenient spot, and cauld pull over into the driveway to pick up his wife when she needed to go somewhere. Committeemember Hansen explained there were many Village residents who had spent $500 to $1,DOQ to put up a fence or provide screening for their recreational vehicles in order PUBLIC SAFETY CONIlrlITTEE MEETING MINUTES JUNE 6, 1996 PAGE 11 to be in. cornpliance with Village Code, and that Mr. Little couJ.d also be in compliance. Mr. Hansen stated that as far as he could see, Mr. Little had a choice to come into compiiance and had chosen not to comply. Mr. Little responded �hat was correct. Mr. Little stated he would not give up. Mr. Little provided Village �lttorney Randolph the number of the most recent AGO to which he had referred. VI. DISCUSSIOtQ OF NAMAC REPRESENTATIVE Village Manager Bradford reported that the Village was a member of both the NAMAC Palice and Fire organizations, who5e councils had voted to merge into one council. A�.so, former Vice Mayor Burckart needed to be replaced as the Village representative for the NAMAC Police organi.zation, and Mayor Mackail was currently the representative for the N�1MAC Fire Rescue organ�.zation. Committeemember 5chauer made a motion to make Mayor Ron Mackail the Village Representative for both the NAMAC Police organization and the NAMAC Fire Resaue organization, with Councilmember Car� C. Hansen as alternate VilZage Representative. Comanitteemember Hansen seconded the motian. The vote on the motion was: Joseph N. Capretta - for Carl C. Hansen - for Elizabeth Schauer - for The motion was therefore passed and adopted. YII. ANY QTHER MATTERS Chairman Capretta reported that the people in Waterway Village on the west side of - the intercoastal were concerned that the Vill.age was planning to cut dowrz the trees which blocked the wind from their homas. Village Manager Bradford explained that the Village was not involved and that Palm Beach County would be handl.ing such a matter since they managed that land for the State. Village Manager Bradford PUBLIC SAFETY COMMITTEE MEETING MINUTES JUNE 6, 1996 PAGE 12 ----------------------- explained that the trees were Australian Pines which were an invasive species and should be cut. VIII. ADJOURNMENT There being no further business before the Committee, the meeting was adjourned at 5:26 P.M. ,� � .e�' Respectfully submitted, :;��3 ��� ` �� �a-�-�-,� i - ''' � :f �1 ?�i�,i / Betty Laur Recording Secretary ATTEST: J ann Mangani lo Village Clerk DATE APPROVED: as 5�