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HomeMy WebLinkAboutMinutes_Special Meeting_12/28/1995VILLAGE OF TEQUESTA post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 SPECIAL MEETING MINUTES OF THE VILLAGE OF TEQUESTA VILLAGE COUNCIL AND COMMUNITY APPEARANCE BOARD DECEMBER 28, 1995 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a special joint meeting with the Community Appearance Board at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, December 28, 1995. The meeting was called to order at 5:36 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Elizabeth A. Schauer, and Joseph N. Capretta. Councilmember Carl C. Hansen was absent from the meeting. Community Appearance Board members present were: Chair Leslie Cook, Vice Chair Vic Strahan, Paul Coben, Claudette Dalack, Steve Parker, and Alternate Marcia Nielson. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. APPROVAL OF AGENDA Councilmember Schauer made a motion to approve the Agenda as submitted. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ren/cled Paper VILLAGE COUNCIL SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 2 ---------------- Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was approved as submitted. III. SPECIAL EXCEPTION USE PUBLIC HEARING FOR EXTENDED CARE FACILITY (STERLING HOUSE; SDR DEVELOPMENT, INC., ATLANTIC BEACH, FLORIDAj, 205 VILLAGE BOULEVARD. JOSEPH W. CAPRA, P.E., CREECH ENGINEERS, INC., AGENT FOR SDR DEVELOPMENT, INC., OWNER. Mayor Mackail explained that this was the first joint meeting of the Village Council and the Community Appearance Board for the purpose of conducting an expedited Special Exception Use Public Hearing and Site Plan Review. Building Official Scott D. Ladd reviewed the materials provided for review by Council in order to review the special exception use, and referred to the portion of the Village Code which defined ACLF and which stated that this term shall also include an Extended Care Facility. Mr. Ladd reported that the State made no distinction between an ACLF and a ECF; and briefly described the operation of the proposed ECF. Joseph W. Capra, P.E., Creech Engineers, Inc., stated that the owner, Mr. Pete Russell, and the project architect, Mr. Kevin Donahue, were present at the meeting, and that a 42- unit ECF 1-story CBS building was proposed on 2.55 acres, which would provide 17 units per acre in a mixed use commercial zoning district where 24 units per acre were allowed. Mr. Capra explained that the facility was residential in nature, described the rental apartment units, and explained that the average age of the residents would be 85, which was the reason only 21 parking spaces had been requested. Mr. Capra informed the Village Council that Sterling House had begun in Wichita, Kansas, and had many facilities throughout the Midwest; and that four facilities vzLLAGE covrrclL SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 3 were planned for South Florida at this time, with construction to begin the next week on one in Stuart. Mr. Capra reviewed the site plan, and stated that if approval was granted at tonight's meeting that construction would begin approximately February 1, 1996. Mr. Pete Russell responded to questions posed by Councilmember Schauer that no federal subsidy would be received, that all units were private pay rentals, that there would be landscaping to hide the individual air conditioning units but that they were necessary in order for tenants to have total control of temperature. Mr. Russell explained that each unit would be single occupancy private; that a unit would only have two occupants if a husband and wife resided together; and that in other Sterling House facilities experience had been that about three such couples would be present in a 42-unit facility. Tn response to Councilmember Schauer's concern that one dumpster would not be sufficient to handle medical waste, Mr. Russell explained that Sterling House would not be a nursing facility since they would operate under an Extended Congregate Care (ECC) license which did not require them to have nursing staff and that they were only allowed to remind residents to take medication; however, outside home health care services would be utilized to give medication. Councilmember Schauer questioned the number of staff, since only 21 parking spaces were requested. Mr. Russell responded that staff for this facility would number 6-7 per shift, including kitchen staff. Councilmember Schauer questioned whether benches would be provided within the outdoor courtyard.. Mr. Russell explained that benches probably would be provided; however, experience had shown that the residents were mobile within the building and did not often venture outside, and that a screened porch would be provided. Councilmember Capretta questioned the number of buildings in a single location, to which Mr. Russell responded that this would be their largest facility since they typically consisted of 33-37 units, and explained that with a larger building the residential feel would be lost. Mr. Russell commented that if there was a need for a second building Sterling House did have an option on adjacent property north of their present site where a second facility similar in VILLAGE COUNCIL SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 4 ---------------- size could be built. Mr. Russell responded to Councilmember Capretta that the units ranged from 360 to 425 square feet with month-to-month rental for the least expensive unit of $1,650 per month and for the most expensive unit of $2,400 per month, so that the average rental was $2,150 per month, including 3 meals per day plus snacks. Mr. Russell described the units as entering into a living area with the sleeping area hidden from view and with a small food preparation area. Mr. Russell commented that no residents would be bedridden; that they were limited under their license so that a person could only be bedridden for a specified number of days before they must vacate and go to a hospital or a nursing home. Mr. Russell explained that 50~ of the residents of the first facility constructed five years ago were still living there, that the residents were not prone to move, and that they would usually only leave when required to go to a nursing home or when they died. Councilmember Capretta questioned the screening process required to get into this facility, to which Mr. Russell responded that an assessment process was used to make sure the care that a prospective tenant required could be provided and explained that a doctor's report was required. Mr. Russell explained that the Extended Congregate Care license allowed Sterling House to go beyond what an ACLF license would allow them to do. Councilmember Capretta stated that he spoke only for himself and expressed displeasure that he felt he had been misled into believing that this facility would be an ACLF; that the Village ordinances were not up-to-date since they allowed Extended Care Facilities, and that he did not want any more since he believed that was not what the people of Tequesta wanted; that there was a market for an ACLF where the residents were mobile and could continue their active lifestyles and become customers for the stores in the area. Mr. Russell responded that it had not been the intention of Sterling House to mislead anyone, but that the extended care facility concept had developed out of a need so that when people could no longer continue an active lifestyle and became a little more frail but were not ready to go to a nursing home that they would have somewhere to go where assistance was provided. ~r Mr. Russell commented that 30~ of people now in nursing ~,, homes should not be there, but there had been nowhere else VILLAGE COUNCIL SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 5 ---------------- to go. Mr. Russell explained that legal criteria was followed in determining that a tenant could no longer reside at Sterling House, and that typical situations were becoming bedridden, requiring nurses to give shots, or requiring round the clock supervision. Vice Mayor Burckart questioned whether it was preferable to locate an extended care facility close to either a nursing home or an independent living facility, to which Mr. Russell responded that it was not, and that location in residential areas were preferred in order to retain the residential atmosphere. Mr. Russell explained that neighborhoods with K-Mart stores and other nearby shopping, etc. were preferred by the children of the tenants. Mr. Russell explained that a market study had been conducted which showed a far greater need in this area for an ECF than this 42-unit facility would provide. Mr. Russell clarified that a certificate of need would not be required as was required for a nursing home; described the units by stating that each unit was provided with a large walk-in shower, that tenants brought their own furniture, that some units were two rooms and some were one room with a sleeping area, and that entry was into the living area so that there was no feeling of a nursing home room; and that a person who was still mobile, was still active and still driving their own car would not be turned down. Mr. Russell verified that a nurse call system was in place, and that marketing brochures were available. Mayor Mackail inquired into recreational programs, since 42 Tequesta residents had moved into Waterford the previous year where a full calendar of recreational activities was provided. Mr. Russell explained that a full recreational calendar was provided at Sterling House, but that it would consist of crafts, cooking, etc., which were activities in which the residents were still able to participate. In response to Mayor Mackail, Mr. Russell stated that the feasibility study had been based on age 85 and above of the population and income criteria (not assets) of $25,000 annual income with home ownership or $35,000 annual income without home ownership. The four South Florida locations, to be located in Vero Beach, Melbourne, Stuart, and Tequesta ,, would all consist of 42-unit buildings since the markets ,,, were larger than in the Midwest. Mayor Mackail inquired VILLAGE COUNCIL SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 6 where tenants would go after they were no longer able to live in the extended care facility. Mr. Russell responded that there were nursing homes in Jupiter and in Hobe Sound, but they were overcrowded, and that this was a very big problem, since many nursing homes were planning to only accept sub-acute patients in the future because of the money involved, so that many more nursing home facilities were needed. Mr. Russell answered Mayor Mackail's question regarding whether the option on the adjacent property might be exercised to provide an ACLF rather than another ECF, that Sterling House did not plan to diversify since they wanted to specialize and to be the best in one field. Mr. Russell verified that Sterling House had just gone public and that their stock was traded on the American Exchange. Mayor Mackail stated that development and uses in the area in which Sterling House proposed to locate were very important to the Village of Tequesta, and called for comments from the public. Betty Nagy, 26 Shay Place, asked whether a deposit was required before moving into Sterling House. Mr. Russell replied that the deposit varied from one facility to another but ranged from $500 to $700. Ms. Nagy stated she had checked 4-5 ACLFs and found that they all provided nursing staff on the premises. Mr. Russell explained that Sterling House would have 24-hour response to a registered nurse by telephone. John Giba, Fairview East, questioned whether two people sharing a unit would pay double rent. Mr. Russell explained the rent would be the same as for single occupancy with adjustment for meals. Mr. Giba commented that he shared Councilmember Capretta's concerns that the market in Tequesta was for an ACLF where people were still actively mobile, and that this facility was one notch above a rental unit by the addition of meals. Mr. Giba expressed concern that an on-the-spat medical diagnosis could not be made in an emergency; stated Giba's Law: It is easier to get into something than to get out of it; and questioned what could be done when the decision had been made that a tenant could no longer stay since all of the nursing homes were full. .. ~~ VILLAGE COUNCIL SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 7 ---------------- ~,~ Gary Van Brock, Tiffany Way, clarified that Sterling House was not limited to 42 total units, but that they could duplicate that amount by constructing additional buildings, and that at present the applicant only held an option on an additional 2 acre parcel, but that the Dorner Trust would sell additional land if a market existed for additional facilities. Mr. Van Brock explained that Mr. Sparks at Prosperity Oaks had recently converted two floors of that ACLF into ECF facilities because of the need for that type of care. Mr. Van Brock stated that the general area needed this specialty, and that an ACLF would not compete with an ECF. Leslie Cook, 17 Bay Harbor, spoke as a member of the public and not in her capacity as Community Appearance Board Chair. Ms. Cook expressed concern that there seemed to be no place for a person to go if they could no longer remain in the ECF, and questioned how many facilities Sterling House now had throughout the country. Mr. Russell stated that a total of 38 facilities were currently in existence, which were located in Kansas, Oklahoma, Texas, and Colorado. Jim Humpage, 360 Fiesta, expressed would be placed on Fire Rescue; residents were restricted to the explained that tenants were free that the doors were locked at night not wander away. concern that some burden and questioned whether facility. Mr. Russell to go outdoors, however, so that a resident could Peggy Virhoven, Foint Drive, questioned the length of time Sterling House had been in business and requested financial information. Mr. Russell stated that the company had started five years ago, that the stock had been public for approximately 60 days, had come out at 11-1/4, and was now at 12-1/4. Joan Marshall, 343 Country Club Drive, expressed concern that 6-7 staff including housekeeping might not be sufficient. Mr. Russell responded that Sterling House experience had shown that number to be sufficient and that staff members were certified nursing aides. Ms. Marshall questioned the amount of recreational activities provided. VILLAGE COUNCIL _... SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 8 ---- ------------ Mr. Russell responded that Sterling House provided arts and crafts, movies, television, outside entertainers who sang and played the piano, and that system-wide the facilities enjoyed 980 occupancy and that the people were content there. In response to Councilmember Capretta's questions, Mr. Russell responded that Sterling House did the tenants' laundry and made their beds daily. Councilmember Capretta commented that he had thought this facility would be an ACLF which would help the Village businesses by providing customers for stores and restaurants, and that he felt he had been deceived by Mr. Van Brock and by the Village ordinance, and that he would suggest a major change in the Village ordinances to bring them up-to-date. After criteria for special exception use was directed to Mr. Ladd for response, Village Attorney Randolph advised that ~,.. this was a quasi judicial hearing where certain criteria for special exception uses as set forth in the ordinance was being applied by the Village Council to make a determination as to whether those criteria were met based on what the Village Council learned at this meeting, and that it was not appropriate for Mr. Ladd to make such a determination. The Village Attorney advised that the proposed use was indeed permitted under the Village ordinance, so that the answer to criteria Item A, which asked whether this proposed use was a permitted use under the ordinance, was affirmative. Mayor Mackail questioned whether the use was compatible with adjoining development and the proposed character of the district, to which Village Attorney Randolph responded that must be the decision of the Village Council based on this hearing. Councilmember Capretta commented that the use was allowed under the ordinance and that when the ordinance was rewritten it must be done much more carefully than before. Village Attorney Randolph commented that the Department of Community Affairs had indicated that ECFs did fit within the definition of ACLFs for purposes of Comprehensive Planning. Mayor Mackail declared the Special Use Exception Hearing closed. Village Attorney Randolph advised regarding procedure that the Village Council should assure that ~..r special exception use criteria items A through L had been VILLPrGE COUNCIL SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 9 ---------------- met and that any conditions were attached in the event that approval was to be granted; or that in the event of denial of the special exception use that the reasons for denial must be stated fully for the record. The Village Attorney explained that the third option would be to defer until further information was provided. Councilmember Capretta made a motion to approve the special exception use for the Sterling House SDR Developc~-ent, Tnc., Extended Care Facility as proposed. Vice Mayor Surekart seconded the motion. Village Attorney Randolph stated that he understood this motion had been made because the Village Council had made the findings in granting it that all of the standards set forth in the Ordinance had been met, to which Councilmember Capretta responded affirmatively. During discussion, Village Manager Bradford suggested that the oration contain conditions to address certain concerns which had been discussed, i.e., to limit the use specifically to an ECF in order to preclude non-family members frown residing in the same unit, and to tie the use to the current ECC license so that in the event that licensing criteria changed the applicant would have to return before the Village Council before attempting to change the use of this facility. Village Manager Bradford stated that he was not sure that the Village Code precluded nursing homes. Building Official Ladd verified that the structure could be converted to a permitted use if parking requirements were met. Village Attorney clarified that this was a specific special exception use which was being granted, specific to the application, and that the applicant could not come in for another use listed under special exception uses without coming before the Village Council. Councilmember Capretta stated that the ordinance must be tied to the license. Village Attorney Randolph stated that he believed the record of tonight's hearing was definitive enough, since the Council would not want a condition which tied approval to the license if State law changed allowing the applicant to do something else under that particular license. After further discussion, Village Attorney Randolph .., rephrased the motion as follows: To approve based upon the VILLAGE COUNCIL SPECIAL MEETING MINUTES DECEMBER 2$, 1995 PAGE 10 ---------------- findings that the Special Exception Application meets the criteria set forth in the ordinance and subject to the condition that the approval is based specifically on the information contained within the application and the representations made here this evening as to the nature of the operation and that any change in that would require it to come back before the Village Council. Councilmember Capretta agreed with the statement, and Vice Mayor Burckart stated he still stood by his second. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. IV. SITE PLAN REVIEW FOR PROPOSED STERLING HOUSE, 205 VILLAGE BOULEVARD, AN EXTENDED CARE FACILITY. JOSEPH W. CAPRA, P.E., CREECH ENGINEERS, INC., AGENT FOR SDR DEVELOPMENT, INC., OWNER. Building Official Ladd verified that the site plan met all technical requirement of the Village Code. Water System Manager Thomas C. Hall explained that off-site water extension would be needed for this site, which had not yet been resolved; however, when the gallon per minute requirement for this site was resolved, a developer's agreement would be made with the owner and that no building permit could be granted until these steps had been finalized. Village Manager Bradford requested verification that elevations matched the site plan as presented. Building Official Ladd reviewed the elevations and verified them correct with the site plan. Mayor Mackail questioned whether retention ponds would be on site. Mr. Ladd stated that the Village required 95o retention on site and that Al Oslund of Gee & Jenson had verified that the retention ponds proposed for the site would be sufficient. Comments were ~~g==-. made that there was no traffic impact, and that no landscape VILLAGE COUNCIL SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 11 ---------------- waivers were requested. Building Official Ladd stated that Ordinance 377 requirements had been exceeded. Vice Mayor Burckart commented that the building could be more Mediterranean. Mayor Mackail commented that the Village Council had an overall theme that they would like to see accomplished in the blighted downtown area. Councilmember Capretta suggested a new type of roof material made of composite lightweight materials which had the look of tile. Vice Mayor Burckart made a motion to approve the site plan as submitted. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. V. CCk~![7NITY APPEARANCE BOARD REVIEW OF AN APPLICATION FROM SDR DEVELOPMENT, JOSEPH W. CAPRA, P.E., CREECH ENGINEERS, INC., AGENT FOR THE CONSTRUCTION OF A 42-UNIT EXTENDED CARE FACILITY, 205 VILLAGE BOULEVARD. Mayor Mackail turned the meeting over to Community Appearance Board Chair Leslie Cook. Councilmember Capretta left the meeting at 7:41 P.M. Architect Kevin Donahue provided a brief description of the architecture, which he described as based on the interior development of the building, which consisted of a looped corridor system with apartments around it, creating an interior courtyard, which reduced travel distance for the residents to the common areas near the front entry. Mr. Donahue explained that the cupola, carport, front porch, and multi-pane windows were duplicated in every Sterling House project. The circular drive would allow access to the front door, used by residents and visitors. Staff and delivery persons would access the building at the entrance under the VILLAGE COUNCIL SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 12 ---------------- carport. Architect Donahue reviewed the following features: roof pitch, CBS building with stucco finish, architectural quoins at the building corners, three dormers on the front of the building, and the building color of light yellow with a darker yellow accent and white fascia. Chair Leslie Cook stated that the Board was looking for an overall feeling of Mediterranean or Bermuda in any new development which would go on that site. Boardmember Dalack explained that the Board would like something equal to Prosperity Oaks and Waterford to provide a very high end vision for the Village. Chair Cook commented that the Community Appearance Board was preparing to meet with the Village Council to incorporate a theme for all buildings, which would be Mediterranean, using S-tile or barrel roof tile, arches, stucco, etc., and suggested that the asphalt roof material be changed to tile. Chair Cook objected to the window air conditioning units, and stated that the Board wanted Tequesta property values to be as high as those in Boca Raton, to which Architect Donahue responded that he had worked with retirement design for 19 years and that a real need existed for the residents to have thermostatic control. Mr. Coben suggested the air conditioning units be hidden in the attic. Mr. Russell commented that landscaping would cover the units. Architect Donahue explained that the exterior of the air conditioning units would be flush with the exterior building walls and the units would project into the interior of the rooms. During ensuing discussion regarding the asphalt shingle roof, the Architect explained that the would look awkward on such a long roof span. Chair Cook commented that eventually trees would grow tall enough to break up the long span visually. Discussion then centered on how some of the building features could be changed to make the building look Mediterranean. Boardmember Parker commented that the roof and the dormers were features found in northern buildings. Hal Hutchinson, a member of the audience, commented that he was a native Floridian born in Central Florida, and that this building was very stylish and designed like a sprawling VILLAGE COUNCIL ,,. SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 13 ---------------- Southern mansion, and that he believed a Mediterranean roof would spoil the entire structure. Architect Donahue commented that the design was similar to many of the very old Florida homes. Mr. Hutchinson commented that Tequesta did not currently have the look of the Mizner concept. Chair Cook explained that a lot of new downtown development would be occurring and that this was the Board's opportunity to set the tone and to make the area attractive, Gary Van Brock commented that the building was Southern Colonial which was standard throughout the South; that he was using asphalt shingles in every home he was building in Cypress Ridge which were in the $150,000 - $200,000 range; that Mr. DiVosta had just built a $700,000 home for his daughter and had used asphalt roof shingles. Mr. Hutchinson commented that Armor Manor had an asphalt shingle roof. Chair Cook polled the Board regarding the roof shingles and determined that all of the Boardmembers felt that the asphalt shingle roof was not acceptable, and requested that the applicant investigate a modification of the building look, possibly using a terra cotta color for the roof. Vice Chair Strahan cautioned the Board that until a more definite description of architectural style was incorporated into the Village ordinance that there was nothing the Board could enforce, and that he did not mind buildings which looked different as long as the quality was high. Boardmember Parker stated that this was on one of the first streets going into the area, and that the Board wanted something mare in keeping with the future look. During discussion of the sign, the Board determined that they would like the sign to be changed from wood to stucco, using colors which matched the building. Chair Cook commented that a beautiful job had been done on the landscaping in selecting plants which would do very well in this area. Boardmember Parker commented that the front elevation showed cluster palms, however, the plans only showed three small Ligustrum trees for those areas. Mr. Parker requested that the plan be changed to reflect Queen palms. Boardmember Parker suggested accent plants at the ,,:~~ building corners and on either side of the windows, ,,,. described problems with the longevity of Lantana, and vILLAGE couNCrL SPECIAL MEETING MINUTES .......... DECEMBER 28, 1995 PAGE 14 ---------------- recommended Floratam instead of Argentine Bahia in all areas except the retention pond. Mr. Russell stated that he had hired a local landscape architect to avoid changes to the landscaping. Vice Chair Strahan responded that the comments were merely to provide advice from previous experience which would be more cost effective. Boardmember Parker requested that the applicant be held to the following minimums: trees to have 3" caliper and palms to have 10" caliper. Boardmember Parker made a motion to approve the landscaping with the following comments: all 12-foot trees shall have a minimum 3^ caliper; all Queen palms shall have a minimum 10^ caliper; the sod shall be St. Augustine Flortam except in the base of the retention areas, which could be Bahia; 3 Ligustrum standards in the front shall be changed to 3 Queen palms to break up the roof elevation; 3 accent plants shall be added in front of the building to soften the blank wall for which suggestions are Pygmy Date Palms or European Fan Palms. The motion was seconded by Boardmember Coben. The vote on the motion was: Leslie Cook - for Vic Strahan - for Paul Coben - for Claudette Dalack - for Steve Parker - for The motion was therefore passed and adopted. Discussion ensued regarding working together on changes acceptable to the Board. Mr. Russell stated he was willing to work with the Board, but did not agree with their suggestions. Mr. Coben provided history of the Board's previous experience with a developer which had resulted in a totally black building which did not look like anything else in Tequesta, and explained that the Board did not want something like that to happen again. Mr. Russell commented that arches could be incorporated into the dormers and the front porch, that he wanted the residents to be happy and to like the building, that some changes were not economically feasible, but that he was willing to work to compromise. Building Official Ladd suggested a white metal standing seam VILLAGE COUNCIL ,z. SPECIAL MEETING MINUTES DECEMBER ~8, 1995 PAGE 15 ---------------- roof. Mr. Russell questioned whether using asphalt shingles in a different color would be acceptable, and stated that if the Board held him to a the roof that he would appeal to the Village Council. Changing the shape and size of the roof was discussed. After further discussion, Village Attorney Randolph suggested that a motion should be made either to defer with directions to restudy specific listed items, or to deny; and that direction must be given to the applicant in the event of deferral, and in the event of denial then the Village Council would make a decision. Boardmember Parker made a motion to defer the item of the front facade including the roof since the Board was looking for a more Mediterranean style and would like to see concepts based on all of the past discussions. During discussion of the motion, Vice Chair Strahan suggested that another sketch cane back to the Board for consideration with a different roof color possibly using asphalt shingles which would be closer to that recommended by the Hoard. Boardmember Coben seconded the motion. Boardmember Parker amended the motion to include the sign change from wood to stucco in colors to match the building. 8oardmember Coben seconded the amended motion. The vote on the motion was: Leslie Cook - for Vic Strahan - for Paul Coben - for Claudette Dalack - for Steve Parker - for The motion was therefore passed and adopted. Mr. Russell stated that he would provide a redesign of the building front and try to come up with a more compatible roof color, and questioned whether he would have to wait 30 days. Building Official Ladd advised that the applicant could return after the first of the year. Mr. Russell stated that he would investigate new types of roofing materials. VILLAGE COUNCIL SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 16 VI. VILhP,GE COUNCIL CONSIDERATION OF ORDINANCE - FINAL READING - AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES "WATER" AT SECTION 18-3, SUB-Pp,RAGRAPH (a}, SO AS TO AMEND THE MINIMUM. MONTHLY SERVICE CHARGE OF RESIDENTIAL AND NON-RESIDENTIAL CUSTOMERS SO AS TO INCORPORATE INCREASES NECESSITATED AS A RESULT OF THE TOWN OF JUPITER'S INCREASE IN WATER RATES TO THE VILLAGE OF TEQUESTA; PROVIDING THAT A SEPARATE ACCOUNTING BE MADE OF FUNDS REALIZED FROM SUCH INCREASE; PROVIDING THAT MONIES REALIZED AS A RESULT OF THIS INCREASE HE REFUNDED TO THE CUSTOMER FRONT WHOM THEY WERE RECEIVED IN THE EVENT TEQUESTA IS SUCCESSFUL IN ITS CHALLENGE OF OVERTURNING THE INCREASES IMPOSED HY THE TOWN OF JUPITER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (STAFF RECOMMENDS APPROVAL} Village Attorney Randolph read the above Ordinance by title only on second reading, and stated that the effective date of the Ordinance would be December 28, 1995. There were no comments from the public regarding this Ordinance. Vice Mayor Hurckart made a motion to approve the above Ordinance on Second Readinq. Counciimember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. VII. ANY OTHER MATTERS There were no other matters to came before the Village Council. ,~... VILLAGE COUNCIL SPECIAL MEETING MINUTES DECEMBER 28, 1995 PAGE 17 ---------------- VIII. COMMUNICATIONS FROM CITIZENS There were no further communications from citizens. XIII. ADJOURNMENT Vice Mayor Burckart moved that the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for the motion was therefore passed and adopted and the meeting was adjourned at 9:03 P.M. Respectfully submitted, r ~~~ ~ Betty Laur Recording Secretary ATTEST: _~_~ - ooh ann Mangan' llo Village Clerk DATE APPROVED: