HomeMy WebLinkAboutMinutes_Miscellaneous_10/04/1995_Redevelopment Committee c
y' `��'� VILLAGE OF TEQUESTA
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, Post Office Boz 3273 • 357 Tequesta Drive
' Tequesta, Florida 33469-0273 • (407) 575-6200
� � � 4 Fax: (407) 575-6203
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�ILLAGE OF TEQUESTA
REDEVELOPMENT COMMITTEE
MEETING MINUTES
OCTOBER 4, 1995
I. CALL TO ORDER AND ROLL CALL
The Redevelopment Committee held a regularly scheduled
meeting at the Village Hall, 357 Tequesta Drive, Tequesta,
Florida, on Wednesday, October 4, 1995. The meeting was
called to order at 9:17 A.M. by Chairman Ron T. Mackail. A
roll call was taken by Betty Laur, Recording Secretary.
Councilmembers present were: Chairman Ron T. Mackail, Co-
Chair Joseph N. Capretta, and Co-Chair Carl C. Hansen. Also
in attendance were: Village Manager Thomas G. Bradford and
Village Clerk Joann Manganiello.
II. APPROVAL OF AGENDA
The Committee approved the agenda as submitted.
III. DISCUSSION WITH DEVELOPERS CONCERNING INCENTIVES FOR
TEQUESTA DEVELOPMENT
Chairman Mackail reported that the Village Council had
delayed action on ordinances which would create incentive
programs for developers and would expedite the approval
process for projects until this meeting could be held to
obtain input from local developers. Developers in
attendance were Gary Van Brock and Ed Nelson.
Co-Chair Capretta explained that the Village had been slowly
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REDEVELOPMENT CONa�tITTEE
MEETING MINUTES
OCTOBER 4, 1995
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going broke for the past ten years; that the assessed value
of the town's property had been relatively flat at
approximately $344,000,000, while costs had continued ta
rise each year. Consequently, the Village had been un,able
to set aside enough money to improve inadequate and
deteriorating �unicipal facilities, or to pay enlployees
p�operly, so that very soon positions would no longer be
campetitive with other municipalities. In addition, vacant
lan.d downtown was just sitting, and some property values
were declining as a result of residents who did not take
care of their property.
Co-Chair Capretta suggested placing a sign depicting a larqe
thermometer in front of the Viilage Hall, showing the
present assessed value of the Village at $344,000,000 and
raising the mercury level as the value went up, with the
goal set at $400,000,000.
Co-�hair Capretta stated that the Village must make an
in.vestment in the town in order to meet the following goals:
1. Fix drainage problems, install curbs and gutters, add
bike paths, improve landscaping.
2, Replace run-down facilities.
3. Purchase and lease land to cultural facilities so that
Lighthouse Gallery and BRITT would not leave the Village.
4. Possibly adopt a plan similar to the Lantana Plan. Mr.
Capretta explained that this plan would qet rid af
eyesores and provide min.imum property standard
requirements for people to maintain their property at a
reasonable level.
Co-Chair Capretta explained that in order to accomplish
these items that the Village wanted input from the
developers as to how growth could be stimulated.
Co-Chair Capretta discussed projects proposed by Mr. Van
Brock, and stated that the Village Council, had been very
disappointed in him and in the other landowners of the
downtown property since nothing had been built. Another
REDEVELOPMENT CON�lITTEE
MEETING MINLJTES
OCTOBER 4, 1995
PAGE 3
problem had been that landscapin.g was needed to improve
aesthetics. Five years ago Landscaping Ordinance 377 was
passed sa that business owners and multi-family dwellinqs
would upgrade their landscaping, but mos�t had made no
attempt to comply, and a sign ordinance passed at the same
time was also ignored. As an example, Co-Chair Capretta
related problems the Village had experienced with Mr.
Felhaber, whose shopping center had become an eyesore. Mr.
Capretta commented that positive incentives were needed to
gain cooperation by the residents, and cited the County's
reduced impact fees of�ered as an incentive to people to
build near the ocean. Incentives considered by the Village
Council were waiving impact fees for developments built
within a certain time period, and trying to get 'the County
to also waive their impact fees, and speeding the Village's
permitting and approval process to save developers money.
Since there seemed to be two types of developers--one that
wanted the Village to lead the way by building downtown,
like Mr. Van Brock; and the other, like Mr. DiVosta, who
wanted the Village to stay out of his way, it had been
decided not to put the proposed incentives into effect
without input from the developers. Mr. DiVosta had promised
to send Mason Simpson to this meeting, however, he did not
attend.
Another option presented by Co-Chair Capretta was that the
Village Council could take the negative position that they
had a�llowed the vacant downtown land to remain empty by
making it cheap to hold vacant land, and could raise the tax
rate much higher on vacant land.
Co-Chair Capretta invited response from the deveiopers of
their ideas to encourage development for the downtown area
and how the Village could help.
CoTChair Hansen added that the statements presented at this
meeting reflected the feelings of the residents of Tequesta,
and stated that he believed anyone could be elected to the
Village Council who promised to do something about the
downtown area. Co-Chair Hansen commented that downtown
development would stimulate improvements in other areas of
the Viliage, and the dev�lopers could help make this a nice
town.
REDEVELOPMENT COA��IITTEE
MEETING MINUTES
OCTOBER 4, 1995
PAGE 4
Chair Mackail commented that the makeup of the Village
population was shifting from seniors to young professionals,
and stated that 42 people from Tequesta had gone to
Waterford in the past year, clearly illustrating the need
for an ACLF in Tequesta. Chair Mackail addressed Mr. Van
Brock, reminding him that he had been given the opportunity
to option property--for later purchase by the Village in
order to provide time for BRITT and Lighthouse Gallery to
conduct feasibility studies--and that he understood the
option had not been accepted because of price. Chair
Mackail stated that other forces were working against the
Village in that Juno and Jupiter were both going to try to
take those cultural facilities away. Chair Mackail solicited
comments from Mr. Van Brock as to the status of that
situation, and why nothing had. been built, and assured him
that he had the support of the Village and of the Council.
Gary Van Brock responded by stating that (1) the Village had
been involved for four years with a�harette concept which
had destroyed any incentive for developers to come in--who
had laughed at the concept because it was not a marketable
concept; and (2) after the charette had subsided, market
conditions changed s� that values were low and people were
not buying because they were un�ure of economic conditions.
Mr. Van Brock commented that the market had now changed and
the Village had been cooperating for the past 1-'� years and
had recognized that the charette did not work, and one major
developer had purchaseci property. Mr. Van Brock advised the
Committee that the Village should not try �o tell developers
what to do, but wait until they submitted a plan and then if
the Village approved of the plan, to speed the development
approval process. Mayor Mackail disagreed with Mr. Van
Brock that the charette had been a waste of time, since the
whole community had participated. Mr. Van Brock stated he
had attended the charette to protect Dorner Trust interests,
but after the first day had noted in a letter to himself
that the theme had been set the first day by the peaple who
ran the charette and they had guided its outcome to what
they wanted. Mr. Van Brock stated that his opinion was that
the charette had been a waste of time since it had driven
development away. Mr. Van Brock explained that he had
presented a plan for apartments during that time which was
still viable, which he had been changing to meet market
REDEVELOPMENT COIyIl�lITTEE
MEETING MINUTES
OCTOBER 4, 1995
PAGE 5
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demands, and planned to submit it for approval within the
next few rnonths. Mr. Van Brock commented that a plan must
make business sense, and the bottom line must be known. He
suggested that the Village shouid revise the timing for
placing a new project on the tax rolls so that instead of
being placecl. on the tax rolls at C.O. at full tax value that
time would be allowed for the developer to fill a project
with tenants so that he would have an income stream. Mayor
Mackail stated he wanted to look at ever�r option available
and to project tax dollars out five years, since future
development, maintaining existing values, and/or annexations
would take time.
Mayor Mackail questioned Mr. Van Brock as to the status of
the Letter of Intent sent to Dorner T�ust by the Village on
the 7.75-acre parcel as an option for a future or potential
planned cultural center for the Village. Mr. Van Brock
suggested that if the Village would buy a smaller piece of
land--4 acres--that the Dorner Trust�would give an option
for 3-3/4 acres. Mr. Van Brock stated he did not agree with
the value placed on the property by the MA.I Appraiser who
had done the appraisal for the Village and explained that
the same appraiser had done another appraisal on the
property in 1988 with a different value. Mayor Mackail
reminded Mr. Van Brock that the market had gone down during
that time. Mr. Van Brock stated he was not talking about
selling the land at the highest value, but at a reasonable
value; and the appraiser had discounted the values. Village
Manager Sradford explained that the appraiser had made the
following statements in regard to the value he had
determined: (1� the land sold had been direct frontage along
OId Dixie and land was more valuable along the right of way
than the land farther away from the right of way; (2) since
the time of the first appraisal referred to by Mr. Van
Brock, Indiantown Road had been developed into 6 lanes to
the turnpike and was a primary commercial strip, and the
Dorner Trust was rnistaken in identifying their property as
primary commercial, when it was really secondary commercial
with a lower value; and (3) the number one comparabl� saie
which the appraiser would stand by in a Court of law was the
DiVosta purchase of Lighthouse Plaza at approximately $2.00
per square foot.
REDEVELOPMENT CO1+q+�tITTEE
MEETING MINUTES
OCTOBER 4, 1995
PAGE 6
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Mr. Capretta commented that some people felt Mr. Van Brock
might just be sitting on. the land with the intention of it
becoming more valuable in the future; however, questioned
whether the Dorner heirs would want to pay taxes on it each
year and not realize a return; so that they might put
pressure on Mr. Van Brock to sell or build or to do
something to accelerate their income from that property.
Mr. Capretta questioned whether Mr. Van Brock was
comfortable just collecting fees from the Trust and sitting
on the land. Mr. Van Brock responded that he was not
receiving fees in that range.
In response to Mr. Capretta's question reqarding the status
of the ACLF, Mr. Van Brock explained that the ACLF developer
had requested a pre-application review; however, Mr. Ladd
had informed them that he did not have time to perform the
review since he was leaving for a two-week vacation and did
not have the comments back from all of the various
departments in order to hold a meeting before he left. Mr.
Van Brock explained that the plan was to build 42 units on
one parcel on Village Boulevard and that an option on a
second parcel would allow another 42 units in the future.
In di.scussin.g the probability that the ACLF would be built,
Mr. Van Brock explained that the same developer had
completed preliminary steps for an ACLF in Stuart for which
he had seen plans, and that the engineering for the Tequesta
project had been completed, and a preliminary plan had been
submitted to the Tequesta Building Departrnent. The
developer was now waiting far the Village to respond so that
they could apply for a site plan review. Mr. Van Brock
stated that the reason the developer had requested the
$8,000 in impact fees be waived was because his ACLF
facilities in Stuart, Vero Beach and Melborne had not been
required to pay impact fees for this type of facility. Co-
Chair Capretta stated that was no problem if the developer
was serious, and discussed accel�ration of the approval
process in order to save developers' money.
Village Manager Bradford explained the current approval
process as follows:
Phase I:
REDEVELOPMENT COMMITTEE
MEETING MINUTES
OCTOBER 4, 1995
PAGE 7
1. Developer submits plans and fees.
2. All departments make comments prior to a pre-application
meeting held between staff and developer to work aut
problems identified by a first cursory review of plans.
3. Community Appearance Board reviews the plans.
Phase II:
l. Village Council approves site plan.
2. Building Official reviews plans for code compliance.
3. Building permit is granted.
Under the proposed change, and predicated on the plans
containing everything required to be in them, a time frame
would be established in which the Building Official m.ust
bring a project to the Village Council, and a developer
would go to Village Council before going to the Community
Appearance Board. Under the normal procesa it would be
guaranteed that a developer would be finished with the
proce�s in 60 days. As an op�tion, a 30-day approval process
would be offered for an. additional $1,000 fee, which would
be accomplished by holding a joint meeting of the Village
Council and the Cammunity Appearance Board to obtain their
approvals at the same time. Ed Nelson commented that the
expedited process should be the no�m.
Discussion ensued regarding how the Building Official had
handled the ACLF application in light of the intent of �the
proposed ordinances. Village Manager Bradford explained
that under the proposed ordinances that a two-week delay
would not matter since the process must be finished within
60 days, and that every time Mr. Ladd went on vacation that
he heard a similar story. Village Manager Bradford
commented that Mr. Ladd was entitled to a vacation, and in
order to avoid such situations that the Village needed to
hire someone to help him. Mr. Van Brock commen`ted that Mr.
Ladd had dane his job by distributing the plans to the
various department heads for their comments; however, if the
cornments came back and could be reviewed by someone then two
REDEVELOPMENT CONIl�lITTEE
MEETING MINCTTES
OCTOSER 4, 1995
PAGE 8
weeks could be saved.
Mr. Nelson commented that he did not believe the charette
had been a waste of time. At the time, it was a forward
loak for the Village, but its timing was unfortunate in that
a 5-year real estate slump followed.
Mr. Nelson stated he did not believe Mr. DiVosta's purchase
price for Lighthouse Plaza could be used as a basis for an
appraisal on the land the Village wished to option. In a
recent conversation, a realtar had estimated that Mr.
DiVosta's selling price for the shopping center would now be
$3,000,000. Mr. Nelson explained that the Village would not
want to take the amount DiVosta paid for that lan.d for the
tax rolls since it was not a normal sale, and that the
$3,000,000 was too high--but the appraised value should be
somewhere in between. Mr. Nelson commented that it was not
fair to value the Dorner Trust property based on a sale
which was not a normal sale; and that the agency who had
handled the sale wanted to get rid of that parcel because
they had had it so long and had violations, fees, and
liability on the property.
Mr. Nelson commented that he did not believe the Village
would get �.ny areas to annex and should concentrate on the
downtown development. He stated he had talked to Mr.
DiVosta, who was interested in buying property from him but
wanted to buy it for dirt value when it had an income stream
of $300,000 per year. Another issue tha� was being
discussed with Mr. DiVosta was straightening the road to ga
onto U.S� One, and they were also working together on Mr.
Nelson's rear property line, since Mr. DiVosta`s plans
called for a wall between the two properties, however, Mr.
Nelson's shopping center had a perpetual easement for
parking on Mr. DiVosta's property. Mr. Nelson explained
that he would not be able to complete landscaping for
compliance with Ordinance #377 until that matter was
resolved.
Mr. Nelsan stated that he believed the expedited approval
process idea should be the normaT process with fees
increased $1,000. Mr. Nelson suggested that the Village
could delay placing a project on the tax rolls for some
REDEVELOPMENT COI�IITTEE
MEETING MINUTES
OCTOBER 4, 1995
PAGE 9
period af time, such as 90 days. If a decision was made to
waive impact fees as an incentive to developers, Mr. Nelson
suggested that a time limit of one year should be
established, and commented that some small nuisance taxes
were objectionable to people. Mr. Nelson commented that
one-stop permitting would be an advantage to developers:
that the ACLF would spark more development; that the
abjectives for offering incentives were good and the concept
commendable, but that unity of thinking was needed
throughout the process and sonle items should be happening
concurrently.
Discussion ensued regarding how to establish leeway and
flexibility in the issuance date of a certificate of
oacupancy, and the Village Manager was requested to research
that matter. Mr. Capretta commented that the certificate of
occupancy for Cliveden would probably be timed for January
to avoid the 1996 tax rolls. Mr. Capretta discussed how the
projection of when projects would go on the tax rolls must
be considered by the Village before committing to going into
debt to improve the Village. Mr. Van Brock commented that
he had �ecommended to the Dorner Trust that if they broke
even on building any apartments that they would be better
off; and explained that the apartment plans were still
viable. Mr. Van Brock questioned whether people could be
helped in compliance with Ordinance #377, to which Co-Chair
Capretta responded that the Village had changed their
parking space sizes and were granting big variances to help
people, and discussed Mr. Felhaber's lack of compiiance and
his lawsuit against the Village.
Chairman Mackail stated that the second reading of the
proposed ordinances had been delayed in order to give the
developers an opportunity to comment, that the intention was
to hold second reading on October 12, and requested that the
developers read the ordinances and affer further
suggestions. Co-Chair Capretta explained that the intent of
the �Tillage Council was to make sure their proposals would
really help developers. Mr. Nelson commented that other
cities had cooperated with developers by offering a one-stop
approval process.
Co-Chair Hansen commented that everything done by the
REDE�IELOPMENT CONIl+�IIITTEE
MEETSNG MINUTES
OCTOBER 4, 1995
PAGE 10
Village Council was do�e with the intent of improving the
Village and that what was best for the majority was the
goal. Mr. Hansen cited as examples the Lantana Plan,
Ordinance #377, and speeding the development approval
process, Mr. Hansen also e�plained that tax money was
needed to continue to provide excelient services for the
residents, which was what the Village Council was trying ta
accomplish.
VI. ANY �THER MATTERS
Village Manager Bradford described a scenario in which
Cliveden received their certificate of occupancy on January
2, 1996, so that they would not be placed on the tax roils
until 1997. The Village Manager explained that larger
cities had ordinances on their books which required some
type o� paym.ent for services for police, fire, water, etc.,
for the property for that interim period until the property
was actually placed on the tax rolls. Village Manager
Bradford questioned whether that was what the developers had
in mind. Mr. Nelson responded tk�at they had been talking
about delaying the date of the certificate of occupancy for
some period such as 90 days. Mr. Van Brock stated that a
commercial project was different than a project like
Cliveden where units were sold and the developer got the
money as sales were made and did not pay the taxes; since
shopping centers or rental apartments would usually need a
year to fill their buildings with tenants to establish an
income stream and the developer paid the taxes. Mr. Van
Brock commented that the value af a commercial praject was
greater when the rent had been stabilized. Mr. Capretta
stated that it might take several years for an ACLF to fill
a building in other areas, and suggested that the time would
be much shorter in Tequesta because of the many senior
citizens. Mr. Capretta sugqested that prospect lists be
provided to the ACLF developer from all the clubs in town,
since they all reduced fees to seniors age 80 and over, and
would have those members listed separately. Mr. Van Brock
stated he had provided the developer with three
reservations.
REDEVELOPMENT CONIl�IITTEE
MEETING MTNUTES
OCTOBER 4, 1995
PAGE li
VII. CCU�1tJNICATIONS FROM CITIZENS
Wade Griest stated he believed there should be a master plan
for the downtown area so that an acre here and there would
not be left which it might not be viable to build on. Mr.
Griest commented he had always heard Mr. DiVosta planned to
build law-cost housing, to which Chairman Mackail responded
that he and Village Manager Bradford had met with Mason
Simpson during the summer, and he had indicated that Mr.
DiVos`ta's plan was for a mini Mizner Park and that four very
exclusive restaurants had committed. The purpose of the
meeting had been to explain the Viilage option for cultu�ai
facilities, to which Mr. Simpson had had no objection. Mr.
Simpson had expressed concern about going before Village
Boards during the development process, since after he had
spent large sums of money hiring the best people possible,
a Board could delay the process and cost him more money by
imposing their ideas. Village Manager Bradford commented
that years ago the DiVosta Cozn:pany had consi.dered the Dorner
land to build their traditional town homes, however, that
was not the current plan.
Co-Chair Hansen left the meeting at 10:55 A.M.
Co-Chair Capret�a commented that Mr. Van Brock was planning
to build low-cost housing. Chairman Mackail stated that a
CRA would have been able to accomplish a master plan, which
had been Joe Benjamin's plan. Village Manager Bradford
explained that Mr. Van Brock's statement that the charette
had been predetermined on the first day had been incorrect,
and that it had been predetermined by the mission statement
of the Downtown Task Force which called for a pedestrian
friendly, natural environment where people could live as
well as shop in a convenient m.anner and walk �to and from
shopping and recreation. The Village Manager commented that
Abacoa had used the exact urban design principals that
Tequesta had proposed and therefore he did not agree with
Mr. Van Brock's position that the charette was not a
marketable concept. Mr. Capretta stated that the difference
was that Abacoa had a developer who believed in the concept,
and Mr, Van Brock had not had the �oresight to believe that
concept could become marketable, and that with a primary
landowner who did not believe it was marketable the Village
REDEVELOPMENT CONIl�IITTEE
MEETING MSNUTES
�CTOBER 4, 1995
PAGE 12
had no chance of ever succeeding. Discussion ensued
regarding how Mr. Van Brock had been the stumbling block for
Mr. DiVosta's concept of developing the area, and that Mr.
Benj amin' s plan would have been acceptable if he had had
funds instead of re].ying on a Ponzi scheme. Mr. Griest
commented that at meetings citizen,s were discouraged from
speaking, and that since it was last on the agenda everyone
was too tired. Village Manager Bradford explained that
there was no requirement within the code or charter to have
comments from anyone at any Board meeting other than the
Village Council; however, it was always on the agenda
because the Village believed it was the right thing to do;
but when it had been at the beginning of the agenda,
residents had dominated the meeting so that there was not
time for Village business. Mr, Griest stated that under
Robert' s Rules of Order the public must be able to speak
uniess a curfew was set ahead of time which must be honored.
Mr. Griest expressed his concern that the Village depended
too much on Mr. Ladd and that someone shauld be trained to
be his assistant. Mr. Capretta suggested that the new
development approval process under consideration should be
a separate process from the process that Mr. Ladd goes
through to assure compliance with lacas and codes. Village
Man.ager Bradford commented the depa�tment which handles and
�.dministers expediting development is fee driven, that now
when fees are coming in another employee could be justified
to help the whole process. Mr. Capretta suggested that fees
from one large project, such as Mr. DiVosta's project, rnight
generate enough fees to have one person handle just that
project; or that one person should handle just the large
projects. Mr. Capretta suggested that Mr. Ladd, who could
handle the work fast and was more knowledgeable, could work
with the Village Council on all of the large projects, and
another person could do the rest of Mr. Ladd's current work.
Chair Mackail commented that the Village was understaffed
compared to surroundinq communities, and that someone was
needed in the Community Development Department who could be
trained to take Mr. Ladd's place when he retired, Village
Manager Bradford explained that Mr. Ladd was also in charge
of overseeing planning, and that a planner should be hired.
Mr. Griest stated he had worked out a reorganization plan
for that department four years ago.
REDEVELOPMENT COMMITTEE
MEETING MINUTES
OCTOBER 4, 1995
PAGE 13
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Chairman Mackail commented that the Village Council had the
best interests of the residents at heart. Opposition to the
proposed Lantana Plan and the perception of a police state
was discussed, along with the fact that only a handful of
people came out to meetings, did their homework, and really
understood the issue. People visualized the worst case and
talked about issues when they had never read the ordinances
and therefore did not really know what they were talking
about.
IV . ADJOURNMENT
The meeting was adjourned at 11:20 A.M.
Respectfully submitted,
�
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`�� ;i'j t;� �'��-�. � ' Betty Laur
`" �°` Recording Secretary
ATTEST:
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ann Mangan' llo
Village Clerk
DATE APPROVED:
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