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HomeMy WebLinkAboutMinutes_Regular_09/10/1998Tf v' P~ s '' ~ o f; 0 w ~7ph ` C y VILLAGE OF TEQUESTA Post Office Box 3273 • 250 Tequesta Drive • Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 10, 1998 I. GALL TO ORDER AND ROLL CALL The Tequesta village Council held a meeting at the village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, September 10, 1998. The meeting was called to order at 7:01 P.M. by Mayor Elizabeth A. Schauer. A roll call was . taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, vice Mayor Carl C. Hansen, and Ron T. Mackail. Also in attendance were: village Manager Thomas G. Bradford, village Attorney John C. Randolph, village Clerk Joann Manganiello, and Department Heads. Councilmembers Alexander W. Cameron and Joseph N. Capretta were absent from the meeting. II. INVOCATION AND PLSDGS OF ALLEGIANCE Councilmember Ron T. Mackail gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA • Mayor Schauer requested addition of agenda item III-A - Proclamation. Recycled Paper VILLAGE COUNCIL MEETING MINUTES September 10, 1998 PAGE 2 Vice Mayor Hansea made a motion to approve the Agenda as amended. Councilmember Mackail seconded the motioa. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Roa T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. iII-A. Mayor Schauer read aloud a Proclamation declaring Constitution Week in the Village of Tequesta during the week of September 17 through September 23, 1998. • Couacilmember Mackail made a motion to approve adoption of the Proclamation Declaring Constitution Week in the Village of Tequesta during the week of September 17 through September 23, 1998, Vice Mayor Hansea seconded the motioa. The vote oa the motioa was: Elizabeth A. Schauer - for Carl C. Hansen - for Roa T. Mackail - for The motion was therefore passed and adopted. IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) Betty Nagy, 26 Shay Place, reminded the Village Council that they had promised to hold public meetings regarding plans for Tequesta Plaza, commented that a meeting had been held with the business owners, and questioned when the public meetings would be held. Mayor Schauer responded no bids had been received and until the Village knew where they stood nothing could be done. The Mayor stated that public meetings would be held and the public would be • VILLAGE COIINCIL FETING NINOTES September 10, 1998 PAGE 3 notified via the newspapers. Mayor Schauer stated the Village was still waiting to hear from Lighthouse Gallery. Peggy Verhoeven, Point Drive, commented people were making comments and were not happy with financial plans for the Tequesta Plaza property and recommended that all information possible be distributed to the residents. Mrs. Verhoeven suggested that each resident receive a certified letter outlining what was going to happen and the cost and what their share might be, so that no one could say they didn't know about it. Mrs. Verhoeven quoted a statement by a government official who had said `we represent the people and we would represent the people well by keeping them well informed.' • V. PtTBLIC HEARINGS A) Review of Proposed village General Fund, Improvement Boad Revenue Fund, Community Development Special Revenue Fund, Capital Improvement Fund, Bond Constructioa Fund, Nater Enterprise Fund, Refuse aad Recycling Enterprise Fund, Stormwater IItility Enterprise Fund, and Special Law Enforcement Trust Fund for Fiscal Year 1.998/1999. 1) Announcement of village of Tequesta Proposed Nillage Rate (6.7967) aad Percent (5.540 by which the Proposed Nillage Rate Exceeds the Rolled-Back Nillage Rate (6.4399) Village Manager Bradford announced that the proposed millage rate was listed wrong on the agenda and should be 6.7969 and should also be changed in item 13. Village Manager Bradford announced that the proposed millage rate was 6.7969 mills which was a 5.54 increase over the rolled- back millage rate which was 6.4399 mills. . VILLAGE COUNCIL FETING MINLTPES September ld, 1998 PAGE 4 --------------- 2) General Fund Total General Fund Revenues were $4,964,525 of which $3,197,380 was derived from taxes. $12,000 from licenses and permits, $642,560 from inter- governmental, $283,735 from charges for services, $66,000 from fines and forfeitures, $134,000 from miscellaneous revenue, $425,890 from non-revenue inter-fund transfers, and 202,960 from non-revenue inter-governmental fees. Fund balance was $709,803, making total revenue and fund balance $5,674,328. The General Fund Expenditures were village Council $24,415; Village Managers Office $268,270; Personnel Division $59,615; Clerk`s Office $32,325; Finance $223,170; Legal Services $100,000; Other General Government Services $426,033. Police . Department: Administrative $296,025; Communications $225,185; Compliance Inspection Division $85,710; Investigative Division $77,525; Patrol Division $933,155; for total Police Department Expenditures of $1,617,600. Civil Preparation Emergency Disaster Relief Operating Expenses were $7,828; Fire Rescue Division $1,039,796; EMS $221,220; EMS Transportation $43,830, making total Fire Rescue expenditures $1,304,846. Public Safety (Police, Fire and Emergency Civil Defense Preparation) Expenditures totaled $2,930,271. Public Works Department $462,310; Health Services $4,850; Parks and Recreation $241,760. Total General Fund Expenditures: $4,991.,122; ending fund balance estimated as of 9/30/99 $683,206; total expenditures and fund balance: $5,674,328. 3) Improvement $Ond Revenue Fund village Manager Bradford explained that the Improvement Bond Revenue Fund accounts for the • revenues pledged by the Village to pay the debt for the 1994 Village Bond Issue which provided for • VILLAGE COUNCIL b~ETING MINiJTES September 10, 1998 PAGE 5 --------------- improvements to Tequesta Park, Constitution Park construction, and certain improvements on Country Club Drive, and the expenditures for debt service. Revenues of the fund were Franchise Fees $338,705; Occupational Licenses $78,0000; Inter-Fund Transfers from Stormwater Utility Fund $60,300; with total revenue $477,005; fund balance $24,382. Expenditures for debt service were $75,000; debt service interest was $68,575, inter-fund transfers (the amount left over after debt paid) was $344,990, making total expenditures $488,565 with an ending fund balance of $12,822.00. 4) Co~nunity Development Special Revenue Fund Village Manager Bradford explained that the • Community Development Special Revenue Fund was the Building Department's Fund which was self sufficient and had total revenues of $473,400 with a fund balance of $241,978. Expenditures of the Department were Comprehensive Planning Division $63,735; Building Division Protective Inspections Administrative Division $204,731; Inspection Division $42,596; resulting total expenditures for the Community Development Fund of $311,062, with ending fund balance reserves of $404,316. 5) Capital Improvement Fund The Village Manager explained that the Capital Improvement Fund was set up for revenue and expenditures associated with major capital expenditures. Miscellaneous revenues were $4,000; Inter-Fund Transfers were $202,500, making total revenues $206,500, with opening fund balance $183,059. Expenditures consisted of annual paving project $39,350; Seabrook Road South Improvements • $25,000; Country Club Drive landscaping $68,000 ($50,000 this year plus carryover not spent this • vILr~AGE eovNCIL b~ETING MINUTES September 10, 1998 PAGE 6 --------------- year); Swale Construction on Country Club Drive $70,000; South Cypress Drive Improvements $68,000, Constitution Park Pathway Resurfacing $10,000, Recreation Center Sign $8,000; Seabrook Road Sidewalk Extension $27,000, making total expenditures $315,350 with a closing estimated fund balance of $74,209. 6) Bond Construction Fuad Bond Construction Fund created to track revenues and expenditures associated with an anticipated bond to be issued for various public facilities projects including Police and Fire Rescue facilities, but this year and next to primarily account for costs associated with a Barnett Bank • letter of credit. Revenues anticipated from the letter of credit proceeds were $285,000 with an opening fund balance of $1,360. Expenditures were estimated to be $275,000 for professional services, $10,000 for other technical services, for total expenditures of $285,000, with a fund balance ending estimate of $1,360. 7) Nater Enterprise Fund Village Manager Bradford reviewed the Water Enterprise Fund: Total Revenues were $3,211,500 for charges for services; miscellaneous revenues $111,000; capital improvement charges $360,000, making total revenue $3,682,500. Reserves of the Fund were $7,566,688, due primarily from bond proceeds received during the year for capital projects now under way. Operating expenses of the Water Enterprise Fund for Pumping and Storage were $1,342,045; Distribution Division $338,735; Office and Administration $648,860, making Total Operating Expenses $2,329,640. The Sinking Fund estimated for debt service for the RO was $394,740. Renewal • VILLAGE COtTNCIL MEETING MINiJTES September 10, 1998 PAGE 7 --------------- and Replacement account $50,000; Capital Improvement Fund $10,800; Retained Earnings $52,600; Bond Construction Fund for Reverse Osmosis was estimated at $5,010,000; Other Financial Uses $34,800; Inter-Fund Transfers to General and Capital Improvement $215,000; Escrow account for Jupiter water Surcharge $150,000; making total expenses $8,247,580 with reserves at year end of $3,001,608. 8) Refuse & Recycling Enterprise Fuad i) Slagle-Family Home Solid Waste Collectioa Services Assessment - $146.28 ii) Multi-Family Home Solid Waste Collectioa Services Assessmeat - $113.16 • Village Manager Bradford explained that the Refuse & Recycling charge appeared on property tax bills. Revenues of the Fund totaled $351,820, with an opening fund balance of $31,965, making total revenue and fund balance $383,785. Expenditures were to Nichols Sanitation and miscellaneous costs, for a proposed total of $351,820, with a closing fund balance of $31,965. Village Manager Bradford pointed out that the assessments were the same for this year as for last year based on decisions made at the July budget workshop meetings and the Village Council meeting on July 23. 9) Stormwater IItility Enterprise Fuad i) Equivalent Residential Uait Assessmeat - $74.40 The Village Manager explained that the assessment was a 10~ increase over the prior year, and was necessary to fund anticipated projects. Stormwater Utility Enterprise Fund • VILLAGE COUNCIL MEETING MINUTES September 10, 1998 PAGE 8 --------------- revenues totaled $282,340 with opening reserves of $61,897. Expenses of the utility totaled $279,810, with opening reserves of $64,427. 10) Special Law Enforcement Trust Fund Village Manager Bradford reported that the Special Law Enforcement Trust Fund, which consisted of funds primarily confiscated from drug busts and from which no funds could be drawn except by special request of the Police Chief and Village Council approval, totaled $4,875. 11) Public Comments • During comments by the Village Councilmembers, Sattie Siegel, 498 Dover Road, stated her understanding that assessments were for one-time items and not for payments to be made year after year, and questioned the constitutionality of placing an assessment on the tax bill for refuse and recycling. Village Manager Bradford explained that Florida law allowed two types of assessments, one being an on-going multi-year assessment such as the garbage collection in Tequesta, and the other for a one-time one-shot only. Village Manager Bradford explained that a public hearing as well as written notification to each resident was required before establishing an on-going assessment. The Village Manager recommended that prospective purchasers of property look at the tax bill for that property so they would know about any on-going assessments. 12) Village Council Comments During comments by the Village Councilmembers, Mayor Schauer complimented staff an the new budget . VILLAGE COUNCIL MEETING MINUTES September 10, 1998 PAGE 9 format which made it easier to read. Mayor Schauer reported nothing had occurred since the July adoption of a 2.5$ increase in the millage rate, and requested discussion by the Village Council as to whether they wished to drop the rate to a 2~ increase. Vice Mayor Hansen reported that at the July meeting he had recommended a zero or 1~ increase because he thought the Village had had good news from the Property Appraiser's office this year and it had been a long time since Tequesta residents had seen a 6.3~ increase in property values. The Vice Mayor expressed his opinion that zero percent increase would be a good recognition of the staff for keeping a lid on expenses; and also, he expected to hear more good news from the • Property Appraiser's office next year and more new construction. vice Mayor Hansen explained that he could accept a 1$ increase. Village Manager Bradford clarified in response to Councilmember Mackail that the amount of letter of credit proceeds in the budget was only for the cost of the Village drawing down money to complete the architectural work and some engineering work for the new Fire Rescue living quarters, which costs could be repaid over the life of the anticipated bond. Additional costs were estimated at $255,000. Village Manager Bradford explained that the Letter of Credit would expire in April, 1999 and staff would notify the Village Council in advance to see what they would like to do. Costs would be presented for additional projects so that the village Council could make a decision. Councilmember Mackail questioned the Village Manager how much of a tax increase would be required in the Village budget. Village Manager • Bradford responded that his first budget presented in July had contained no tax increase; however, • VILLAGE COUNCIL MEETING MINUTES September 10, 1998 PAGE 10 after the workshops it was evident to him that the majority of the Village Council wanted to provide sufficient funds to be able to cover the cost of capital projects they saw on the horizon--a new Fire Rescue living quarters and garage for the vehicles, a modern Police facility with functional space, Bridge Road improvements, improvements to the Recreation Center, and a Village Hall. Village Manager Bradford commented these were the same projects that had been discussed for the past 18 to 24 months. Councilmember Mackail commented that the Village Council must have a plan in order to make a decision regarding the amount of tax increase. Councilmember Mackail cautioned that the Village was 95~ built out and was without the economic resources to do some of the projects, and • expressed concern that the Village Council had no plan regarding the projects. Councilmember Mackail commented that he and Councilmember Capretta had tried to bring about a 3 to 5 year plan to show at what point in time the village could afford to move forward on the projects, and expressed his desire not to place the residents in uncertainty as to whether a large tax increase would be needed the next year if none was imposed now. Past increases had been very modest. Councilmember Mackail suggested waiting until the next meeting to make a decision on a tax increase with direction to the village Manager to provide information upon which to base a decision. Mayor Schauer commented she had thought it had been decided to proceed with the entire Public Safety Facility until at a committee meeting it had been placed on hold, but she had thought one of the Village Councils main objectives was to look at updating the Police Department and to provide • living quarters for Fire Rescue. Mayor Schauer reported that Councilmember Capretta had advised • VILLAGE COUNCIL MEETING MINUTES Septeanber 10, 1998 PAGE 11 that what should be done in order not to have a substantial increase of 3~ to 4~S in the near future in order to meet the priorities, was to have a small increase each year. Vice Mayor Hansen stated he understood, and he was serving on the Redevelopment Committee which had discussed the Public Safety facilities, but he did not believe that a 2~ or 2.5~ increase was necessary to do that because there was money to do that regardless. Vice Mayor Hansen stated that 1~ would be less than $60,000 in revenue to the village. The vice Mayor stated he was listening to everyone else and was flexible. village Manager Bradford advised that the amount • set tonight could be reduced at the next meeting. Councilmember Mackail recommended waiting until the next meeting to make a decision when the full village Council might be present and information could be provided in order to make an informed decision. Vice Mayor Hansen agreed. Vice Mayor Hansen made a motion to approve a tax increase of 2.59s in the millage rate. Councilmember Mackail requested that staff bring back answers regarding the projects. Vice Mayor Hansen stated he felt bad about the Fire Rescue living quarters and would like to see improvements made to Bridge Road, but believed that a 1~ increase this year and 1~ next year would not make a difference. Councilmember Mackail stated that a 1~ or a 2$ increase would make a difference to some of the projects and that the timing now was right for the lowest cost bond. Village Manager Bradford confirmed the current average interest rate was 5.125~k over 30 years. Both Councilman Mackail and • Vice Mayor Hansen requested figures from staff • VILLAGE COUNCIL FETING MINOTES September 10, 1998 PAGE 12 regarding when projects were needed and their cost and band issuance cost (which was usually 2~S) so that a decision could be made. Ed Resnik requested an explanation of the 1~ or 2~ increases under discussion. Village Manager Bradford explained that the increase being discussed was a millage rate increase, so that if there was a 5 mills tax rate which was raised to 7.5 mills, that would be a 50~k millage rate increase. Village Manager Bradford explained that if a person s property remained the same in value and a 2.5~ millage rate increase was implemented, then even though the rolled back rate was at 5.54 a property owner would only see a 2.5$ increase. The rolled back rate was the rate the village could • adopt, including the value of new construction, to raise the same amount of tax revenue as in the prior year. Councilmember Mackail commented residents had paid approximately $210 into the escrow fund created to collect the Jupiter water rate increase, which now totaled approximately $1.5 million, and suggested that if residents were committed to the Village they could donate those funds to the village and take a tax deduction. Peggy Verhoeven commented she had thought that money was going toward legal expenses, and she planned to donate her portion to legal funds. Councilmember Mackail indicated that the village Attorney had done a great job in winning a case that had saved the Village thousands of dollars, with which Mrs. Verhoeven expressed her agreement. Village Manager Bradford announced that under Item 1 on page 1 of the agenda for this meeting, item 5, • Public xearing, the proposed millage rate should be 6.7967 as was originally typed, therefore, item 13 • VILLAGE COIINCIL MEETING MIN[7TES September 10, 1998 PAGE 13 --------------- on page 2 was in error and the third line of item 13 should be 6.7967. Mayor Schauer pointed out that the figure should also be changed on the first page of the budget document. village Manager Bradford announced that the village of Tequesta Proposed Millage Rate (6.7967} and Percent (5.54$) by which the Proposed Millage Rate Exceeds the Rolled-Back Millage Rate (6.4399). Mayor Schauer stated there was a motion oa the floor for a 2.5~ millage rate increase. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for • Carl C. Hansen - for Roa T. Mackail - for The motion was therefore passed and adopted. 13) Adoption of Proposed Millage Rate: Ordinance - First Reading - Providing for Levying a Millage Rate of $6.7967 per $1,000.00 of Taxable Valuation far the Fiscal Year 1998/1999; Providing as Effective Date. tStaff Recoamnends Approval? Village Attorney Randolph read the above Ordinance by title only an First Reading. Councilmember Mackail made a motion to adopt the above Ordinance providing for Levying a Millage Rate of $6.7967 per $1,000.00 of Taxable Valuation for the Fiscal Year 1998/1999. vice Mayor Hansen seconded the motion. The vote oa the motion was: • Elizabeth A. Schauer = for Carl C. Hansen for . VILLAGE COIINCIL MEETING MINUTES September 10, 1998 PAGE 14 Ron T. Mackail - for The motion was therefore passed and adopted. 14) Adoption of Tentative village Budgets: Ordinance - First Reading - Providing for the Adoption of the Budgets for the Fiscal Year Commencing October 1, 1998; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on First Reading. Vice Mayor Hansen motioned to adopt the above Ordinance providing for the Adoption of the Budgets for the Fiscal Year Commencing October 1, 1998. • Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Roa T. Mackail - for The motion was therefore passed and adopted. 15) Announcement of Date, Time & Place of Final Budget Hearing Mayor Schauer announced that the Final Budget Hearing would be held September 22, 1998 at 7 P.M. in the village Council Chambers at 357 Tequesta Drive, Tequesta, Florida. 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 FETING MINUTES September 10, 1998 PAGE 15 --------------- 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 Schauer read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment; April 20, 1998 *B) Special Master Hearing; June 25, 1998 *C) Village Managers Report: August 24, 1998 - September 3, 1998 Motion was made by Vice Mayor Hansen to approve the Consent Agenda as presented. The motion was seconded by Councilmember Mackail. The vote on the motioa was: Elizabeth A. Schauer - for Carl C. Hansea - for Ron T. Mackail - for The motion was therefore passed and adopted and the Consent Agenda was approved as presented. VIII. DEVELOPMENT MATTERS A} Consideration of waiver Request for zoning in Progress, and if waiver is approved, to be Followed by Special Exemption Use Public Hearing and Site Plan Review for Clare Bridge, a 52-unit Extended Care Facility at the Northeast Corner of OId Dixie Highway and village Boulevard. (A Quasi-Judicial Hearing) B} Special Exception Use Public Hearing aad Site Plaa Review for the Crossings of Tequesta, an 84 Uait independent Care Facility at the Northeast Corner of Old Dixie VILLAGE COUNCIL MEETING MINUTES September 10, 1998 PAGE 16 --------------- Highway and village Boulevard. fA Quasi-Judicial Hearing) Mayor Schauer inquired as to the best way to handle these petitions, to which the Village Attorney responded that if the Village Council wished to hear this matter then they must first waive the request for zoning in progress. Motion was made by Councilmember Mackail to approve the request for waiver of zoning in progress. The motioa was seconded by Vice Mayor Hansen. The vote an the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Ron T. Mackail - for • The motion was therefore passed and adapted 1) Sweariag-In of witnesses, if Required. Village Clerk Joann Manganiello conducted the swearing in of all those intending to speak during the hearing. 2) Disclosure of Ex-Parte Communications. A poll of the village Council revealed no ex-parte communications. 3) Testimony of witnesses and Cross Examination, if Any. Planner Michelle Falasz provided an overview of the project. Joe Capra, agent for the applicant, described the project as a senior living residence campus located at village Boulevard and Dixie Highway, which would add two buildings to the existing Sterling House I and II--a memory impaired 52-unit facility called Clare Bridge and an active senior 84-unit facility called the Crossings. • VILLAGE COIINCIL ~BTING MINNTES September 10, 1998 PAGE 17 --------------- Mr. Capra introduced Pete Russell who was in charge of this development; Architect Kevin Donahue; Gwen Thiebolt, Regional Director of Operations for the Sterling House Assisted Living Company; and Landscape Architect Bill Flint. Mr. Capra explained that the campus setting was used to integrate all four facilities, with sidewalks and roadways interconnecting. An entrance was proposed on Dixie Highway, a i-i/2- acre preserve area was included, and all water retention was on-site. zt was the applicant s intention to construct both the one-story Clare Bridge building and the three-story Crossings building at the same time. • Gwen Thiebolt described the Crossings as an active senior project which would have 84 2-bedroom, 2- bath units, full kitchens, washers and dryers in all units, a swimming pool, an exercise room, a game room, private dining room, bistro cafe, bakery, community room, interior courtyard, and exterior courtyards where gardening and other social activities could take place. Services offered would be home maintenance, housekeeping, laundry, transportation, socialization, safety, and security. The Clare Bridge project would be managed by Alternative Living Services, the largest provider of memory impaired residences in the United States, and would offer life style programming, life enrichment programming, safety and security. Architect Kevin Donahue described the floor plans for each building. The interior design of the Crossings was a grand hotel theme, and the second floor contained a club room, activities rooms, arts and crafts room, and meditation room, all organized • around an interior courtyard. The first floor • VILLAGE COUNCIL STING ~dINUTES September 10, 1998 PAGE 1$ --------------- contained two additional courtyards. Common area sitting rooms were included. Apartments were clustered in neighborhood groupings. Mr. Donahue presented an elevation of the front of each building, and explained that the intention was that the residents could live independently. Ms. Thiebolt explained that Clare Bridge would provide a full nursing staff for the memory impaired, which would include short-term and long- term memory impairment (Alzheimers) ith a 7 to 1 ratio of day shift nursing staff to patients. Village Attorney Randolph advised that the first consideration should be the independent living facility because that was allowed even under Zoning • in Progress. Attorney Randolph reminded the Village Council that they had adopted Zoning in Progress because they did not want an independent nursing home facility but wanted one to be combined with assisted living facilities. Ms. Thiebolt verified that the independent living facility was an assisted living facility under Florida statutes, and explained that the campus setting was utilized to provide aging in place to take someone in their independent years through their greater years and to provide continued care. Village Attorney Randolph explained that the Village Ordinance was emerging which would allow for an assisted living facility alone or in connection with an extended care facility of not more than 40~ of the square footage of the overall facility, and a nursing facility of not more than 20~. Ms. Thiebolt stated all the buildings were residential in the eyes of the State, and skilled nursing services were not offered. The whole project would be licensed as an ALF but the individual buildings were residential. • Mr. Capra explained that the Crossings comprised ildin f ll f r b l fl h t f ou gs oor area o a u a e to 59~ o t • VILLAGE COIINCIL MEETING MINUTES September 10, 1998 PAGE 19 --------------- on site and 41~ for the other buildings; or 59~ independent living and 41~ assisted living. Mr. Capra stated that percentages just for what was being presented tonight were 20~ for Clare Bridge and 80~ for the Crossings. Attorney Randolph explained to the village Council that the ordinance was not completed and had not been considered by the village Council, but the purpose of zoning in progress was to prevent things from being done that were foreign to what was being attempted under zoning in progress, and advised the Village Council to make a determination whether this project was in line with what they wanted to see in their emerging ordinance, and not to let percentages that were slightly more or less enter • into their decision. Discussion ensued regarding the village Council's original desire to get an active living facility first and then nursing facilities in connection with that. Mr. Russell pointed out that the active living facility had not been available first which was why Sterling House I and II had been built first, but now they were able to provide the active living facility. Mr. Russell explained that all the active living units were rentals which would cost $2,200 up to $4,500 per month. Mayor Schauer called for clarification regarding staff recommendation to consider the Crossings first, to which Planner Michelle Falasz responded that Director of Community Development Scott D. Ladd had requested the Crossings be permitted first because the applicant could get approval for both but not build one. Attorney Randolph advised that the applicant did not need to be precluded from building simultaneously, but a certificate of • occupancy should be given for the independent living facility before granting a certificate of VILLAGE COUNCIL ~BTING MINUTES Septeatber 10, 1998 PAGE 20 --------------- occupancy for the memory-impaired facility. Mr. Russell explained that the applicant wished to start construction of both buildings at the same time and it would take longer to complete the Crossings. Mr. Russell expressed concern that the Clare Bridge building could be completed four months ahead of the Crossings and he did not want it to have to wait for a certificate of occupancy on the Crossings before they could begin leasing. Mayor Schauer expressed concern that from the elevations provided the buildings appeared to be very institutional looking. Mr. Russell and Mr. Donahue responded by explaining that landscaping was not included on the elevations the Mayor was looking at and showed elevations which included . landscaping, which softened the look of the buildings. The landscaping was described in detail. Mr. Russell explained that the color of the buildings would match the existing Sterling House units. Mayor Schauer questioned how large the foyer of the Crossings would be to which Mr. Donahue responded by describing the foyer as two stories in height at the entrance. Mayor Schauer indicated that her objections had been satisfied. Vice Mayor Hansen questioned whether it was sound planning for the village and what the social aspects were of having 300 older people grouped together on 14 acres. Ms. Thiebolt explained that many other campuses existed, that the maximum occupancy here was 225 residents, and that the buildings would function independently with socialization within each building. Ms. Thiebolt indicated there would be transportation provided to take residents out, and they would not be boxed in. Councilmember Mackail stated he liked the project and questioned whether an annual statement was VILLAGE COUNCIL MEETING MINUTES September 10, 1998 PAGE 21 --------------- provided to residents as was done by other similar facilities in the area so that they could deduct a percentage for care fees on their tax returns. Ms. Thiebolt responded that she could not provide the answer at this time. During discussion of unity of title, Mr. Capra explained that Sterling House I and II would be unified by title with one property owner and that the Crossings and Clare Bridge would be unified by title and owned by another entity, with all four managed by the same company. Attorney Randolph expressed concern that the percentages of types of use could change if one owner sold their portion. Attorney Randolph advised the village Council to consider whether the percentages were important to • them and if so they might want to consider a condition of approval fixing those percentages to make sure they would remain as presented. Mr. Russell explained that Sterling House I and II had been sold to a real estate investment trust with a long term lease to lease them back, and that the financing for the new facilities would probably be through a conventional mortgage; however, the same operator would operate all four facilities. Attorney Randolph asked the Village Council to consider whether if all four facilities were not tied together if the Village Council was going to get what they wanted, because there would be two stand-alone projects. Attorney Randolph proposed, since this was presented as one campus and if it was important to the village Council that all four facilities be tied together, a unity of control to assure the Village the facilities would be operated and controlled by the same entity: Alternative Living Services. Ms. Thiebolt commented that Alternative Living Services had a sublease of • Sterling House I and II so those uses would remain the same. Mr. Russell stated that Alternative . VILLAGE COUNCIL MEETING MINOTES September 10, 1998 PAGE 22 --------------- Living Services would own the Crossings and Clare Bridge. Gary van Brock explained that both Sterling House I and II had already been sold off and they would have to come back before the village for approval to change the use. Village Attorney Randolph explained that he was merely pointing out to the Village Council the vehicles they could use to assure that the uses would not change in the future if that was important to them. Mr. Russell stated that the Village already had unity of title on Sterling House I and II. Mr. Capra explained that the campus would be platted as one plat signed by both landowners with cross access agreements and easements, which would make changing the use very difficult. Planner • Falasz commented she did not know until tonight there were two landowners. Mayor Schauer stated she had known there were two property owners and one operator for the whole parcel. Councilmember Mackail suggested a deed restriction so the use would be in perpetuity. Councilmember Mackail stated it did not matter to him who operated it but it did matter to him that if it was a shared facility then the facilities would be beneficial to each other because people were going from one to another. Village Attorney advised that if the Village Council s concern was not the ownership or control but they wanted the use to remain the same, then a deed restriction along with platting, cross access easements, parking easements, etc., would be an appropriate vehicle. village Attorney Randolph advised that with one plat that conditions could be put within the plat to tie the uses--one of the conditions could be that the uses of Sterling House I and II remain, and that conditions placed on the plat could not change without coming before the • village Council. . VILLAGE COUNCIL NBETING MINOTES September 10, 1998 PAGE 23 --------------- Village Attorney Randolph advised that the village Council needed to figure out what was important to them and then the attorneys could figure out the appropriate vehicle to assure their desires were carried out. After further discussion, Councilmember Mackail indicated he believed there was consensus to approve the project and that the attorneys could work out the appropriate vehicle to use. Attorney Randolph agreed and advised the project could be approved with conditions that met the intent of the village Council, and they did not have to be so specific as to the conditions, but the conditions needed to unify either the control or the title, or either by platting or deed restriction assure the Village Council of the continued operation of these facilities as an entity. Councilmember Ma.ckail commented he was not concerned about the vehicle but did not want the use to change. The village Attorney recommended that if the village Council wished to approve the application it could be approved subject to the applicant bringing back conditions which must be reviewed by the Village Council and which must satisfy the village Council in regard to the intent to operate this as a campus. Attarney Randolph also advised that the percentages should be fixed in order that the uses did not change from building to building so that 60~ might become nursing home and 40~ independent living, since it had been indicated that was important to the Village Council. Mr. Capra advised that the applicant was going to prepare a Development Order and asked whether the conditions could be placed within the Development Order and approval granted. Attorney Randolph advised he could not recommend approving the project tonight unless the Village Council could tell him everything they wanted in the development • VILLAGE COUNCIL MEETING MINUTES September 10, 1998 PAGE 24 --------------- order. After ensuing discussion, consensus was to allow the Village Attorney to choose the best way to assure a campus environment where the uses were compatible and where the percentages remained exactly as they are, and that the residents who lived there would have the ability to move on to the different facilities. Mayor Schauer stated staff had recommended that the Crossings receive a building permit first, followed by Clare Bridge. Mr. Russell agreed. village Attorney stated he understood the applicant's honesty and integrity in this case but advised that this condition could allow the applicant to get the building permit for the Crossings on one day, then • come in the next day and get the building permit for Clare Bridge, and the applicant would then have two building permits and would have complied with the request to get the Crossings permit first; could then build Clare Bridge to completion and would not have to construct the Crossings. Mr. Russell suggested tying the certificate of occupancy of Clare Bridge to a condition stating construction of the Crossings must be 50~ complete before a certificate of occupancy could be granted on Clare Bridge. Village Manager Bradford questioned whether there were carports at the Crossings since it was shown on the floor plan and on the drawing but was not shown on the site plan. Mr. Russell explained the site plan had been submitted before the decision was made to include carports. village Manager Bradford advised the Village Council that signage was also a part of this submittal and if they had any questions regarding that issue they should submit them at this time. The Village Manager commented he noticed that Water Department Manager Tom Hall was sworn in but had not spoken. Mr. Hall . VILLAGE COUNCIL MEETING MINUTES September 10, 1998 PAGE 25 --------------- explained he was sworn in because he had had conversations regarding this project, and would be able to answer questions if they arose. Mr. Russell commented that the Clare Bridge plan was ready to submit October 1 for review and the Crossings plan on November 1, and therefore requested they be able to get the permit for Clare Bridge first. Mr. Russell explained that a certificate of occupancy would not be issued on Clare Bridge anyway until the Crossings was 50$ complete. Mr. Russell explained that this would enable the applicant to begin construction 30 days sooner than if they had to wait on the permit. It was the consensus of the village Council and staff to allow issuance of the Clare Bridge permit first. • D. Finding of Fact Based Upon Competent, Substantial Evidence: a) Motion to Approve-Deny Special Exception Use Request Councilmember Mackail made a motion based upon the facts presented to approve the Special Exception Use and Site Play Review for both the Crossings sad the Clare Bridge with the stipulation that a Development Order be drafted which will carry forth the intent of operating these two facilities and Sterling House I and II as a unified campuss that the percentages as represented tonight between the facilities remain and that the buildings as represented tonight be used for the uses as represented this evening; and that the Clare Bridge may be permitted first, but that the Crossings seeds to be completed by 50~ or more prior to a certificate of occupancy being issued for Clare Bridge; and that the Village Attorney work with the applicants attorney(s) to place conditions within the plat and the development order to carry forward • VILLAGE COUNCIL MEETING MINUTES September 10, 1998 PAGE 26 --------------- the intent of this order. Not more than 60 carports shall be included in the plan for the Crossings; and a Site Plan showing the carports shall be submitted prior to the Development Order. The motion was seconded by vice Mayor 8ansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Ron T. Mackail - for The motion was therefore passed and adopted. IX. NEYP BUSINESS • A) Resolution No. 38-97/98 - Approving the Accreditation Agreement Commission for Florida Law Enforcement Accreditation, Inc., and the Tequesta Police Department and Authorizing the Mayor to Execute the Same oa Behalf of the Village. (Staff Recommends Approval) Mayor Schauer read Resolution No. 38-97/98 by title only. Police Chief Stephen Allison explained that the Commission for Florida Law Enforcement Accreditation, Inc., which was made up of four Sheriffs, four Chiefs of Police, a Mayor, a City Commissioner, a County Commissioner, and a Circuit Court Judge, had devised a list of 258 standards for operation of a Police Department. By becoming accredited, lines of authority for the Police officers would be established, consistency in operational procedures and a quality work environment would be provided. The agency's defense against lawsuits and complaints would be strengthened, and limited resources would be used properly. The Chief of Police would benefit by assurance that policies and procedures were documented and defendable; and the Village and the village Council would benefit by assurance that the • vILZAGE coUNCIL MEETING MINUTES September 10, 1998 PAGB 27 --------------- Police Department was being run properly. Chief Allison explained that the Department would have two years to comply with all 258 standards after the contract had been signed, and now complied with approximately 30~ of the standards. Chief Allison explained that the Department hoped to complete 100 compliance by spring, have a mock inspection conducted during summer, and shortly thereafter to have the final inspection and become fully accreditated. • vice Mayor Hansen made a motion to approve Resolution No. 38-97/98, Approving the Accreditation Agreement Commission for Florida Law 8aforcement Accreditation, Inc., and the Tequesta Police Department and Authorizing the Mayor to Execute the Same va Behalf of the Village. The motion was seconded by Couacilmember Mackail. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Resolution No. 39-97/98 - Approving the Agreement Between Palm Beach Community College and Tequesta Fire-Rescue Department Providing for Educational Training of paramedic Students and Authorizing the Village Manager to Execute the same oa Behalf of the village. (Staff Recommends Approval) Mayor Schauer read Resolution No. 38-97f98 by title only. • Village Manager Bradford explained that this was a renewal of an agreement with the college where their EMT students rode with the Fire-Rescue personnel for on-the- job training, and that Fire Chief Weinand wished to continue this service. • VILLAGE COUNCIL MEETING MINUTES September 10, 1998 PAGE 28 --------------- Councilmember Mackail made a motion to approve Resolution No. 39-97/98 - Approving the Agreement Between Palm Beach Community College and Tequesta Fire-Rescue Department Providing far Educational Training of Paramedic Students aad Authoriziag the Village Maaager to Execute the same on Behalf of the village. The motion was secoaded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Ron T. Mackail - for The motion was therefore passed aad adopted. • X. ANY OTHER MATTERS There were no other matters to came before the Village Council. XI. ADJOURNMENT Councilmember Mackail moved that the meeting be adjourned. Vice Mayor Hansen secoaded the motion. The vote on the motion was: Elizabeth A. Schauer - far Carl C. Hansen - for Ron T. Mackail - for The motion was therefore passed aad adopted and the meeting was adjourned at 10:02 P.M. n VILLAGE COUNCIL MEETING MINUTES September 10, 1998 PAGE 29 Respectfully submitted, Betty Laur Recording Secretary ATTEST: Joann Manganiell Village Clerk DATE APPROVED: ~ , i 9 P~