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HomeMy WebLinkAboutMinutes_Workshop_09/06/1995VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL WORKSHOP MEETING MINUTES SEPTEMBER 6, 1995 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a workshop meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Wednesday, September 6, 1995. The meeting was called to order at 7:34 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Elizabeth A. Schauer, and Joseph N. Capretta. Also in attendance were: Village Clerk Joann Manganiello, and Code Enforcement Officer Richard Davis. Village Manager Thomas G. Bradford arrived at 7:35 P.M. Vice Mayor Burckart and Councilmember Carl C. Hansen were absent from the meeting. II. APPROVAL OF AGENDA Councilmember Schauer moved that the Agenda be approved as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Roa T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted sad the Agenda was approved as submitted. xe~~le~ gaper village Council workshop Meetiag Miautes September 6, 1995 Page 2 III. OVERVIEW OF VILLAGE COtTNCIL INTENTIONS RELATIVE TO VILLAGE CODES AND ENFORCE6~3NT At the request of Mayor Mackail, members of the audience introduced themselves and identified the Homeowners Association they represented, if any. The Mayor introduced the village Councilmembers to the audience, as well as Code Enforcement Officer Davis, Village Manager Bradford, and village Clerk Manganiello, and explained that the village and the Council had been considering ideas to help improve areas in the Village, and requested input from the residents. Mayor Mackail explained that one of the ideas under consideration was a Code Enforcement system similar to that used in Lantana which would keep property values at a respectable level. The Mayor explained that the Village was trying to find ways to invest in the community and wanted the support of residents and homeowners associations. Councilmember Capretta explained that the village Council wished to reverse the momentum toward decline of certain properties which was just beginning; and to remedy the serious tax problem of the Village created by the assessed value of the town staying relatively flat for a number of years so that no money for growth was available. Councilmember Capretta stated that the assessed value of the Village had remained approximately $344,000,000 for a number of years, and that the Village would like to establish $400,000,000 as their goal to be reached in the next few years. when the assessed value had been going up each year, money was available to run the Village without raising the tax rate. Since the tax rate had been held approximately the same for a number of years, the Village was slowly going broke and did not have the money to invest in the community to make it a better place to live, by repairing drainage problems, fixing up parks, adding bike paths, constructing new public facilities, etc. Councilmember Capretta stated that the character.' of the Village was changing from retirees village Council workshop Meeting Minutes September 6, 1995 Page 3 ------------------------------- to younger families with children. Councilmember Capretta discussed three ways in which the assessed value of the town could be increased. The first was by new construction, the second was by annexation, and the third was reversing the trend toward declining values of existing properties. Councilmember Capretta commented that the big issue was how to accelerate development in the downtown area and that the Council was considering temporarily waiving the Village s impact fees and to get the County to waive their impact fees to save developers money if they promised to start building in 1996. Another strategy under consideration was to streamline and accelerate the approval process for development, basically creating a one-stop shop, which would save a developer a lot of money. Councilman Capretta explained that a different strategy regarding annexation would be pursued, which was to go through the political process by getting other small towns to join with the village, and go to their local politicians, and county and state legislators and have them pass a law to annex an area chosen by the Village which was using the Village roads, water, etc. Councilmember Capretta requested input from the residents regarding how to increase the assessed value of existing homes, and explained one way to do that was by adoption of the Lantana Plan which would streamline the Code Enforcement process now in place and would change its scope towards homes to establish minimum property standards which would state that homes must be painted, roofs must be kept clean, driveways must be paved, paint colors must be similar to that of neighboring homes, etc. Councilmember Capretta explained that the Village Council needed to know what the residents thought about that idea, and stated that he did not want to pass something that residents did not like. Councilmember Capretta discussed ways to help residents who could not keep their property repaired because of financial or physical problems, and suggested that the Chamber of village Council WorkBhop Meetiag Miautes September 6, 1995 Page 4 ------------------------------- Commerce could help by getting local businessmen to do the job at a reduced price or to get wealthy people in the community to contribute to a fund. Councilmember Capretta urged the residents to speak up with their ideas and to work together to accomplish the goal of raising property values to reach the goal of $400,000,000. Mayor Mackail explained the origination of the Lantana Plan and stated that with the participation of the whole town the plan was a success. Councilmember Schauer thanked everyone for coming and asked the residents to contribute their opinions and comments which the Village Council would listen to and consider when determining whether to pass the ordinances. Mayor Mackail complimented Code Enforcement Officer Davis on the job he had done, stated that sometimes his hands were tied, and explained that he had searched for ways to resolve problems and to make the process faster. IV. REVIE6P OF PROPOSED ORDINANCE A~ND~NTS: A. VIDEO PRESEN'PATION Code Enforcement Officer Davis explained that he had taken a video of a cross section of homes in the Village to illustrate the beginnings of deterioration and how the proposed ordinances would allow Code Enforcement to be able to deal with these situations. The video was shown accompanied by comments of explanation from Officer Davis, and covered paint color, garbage cans that were not put away, bushes that needed trimming, grass that needed mowing, peeling paint, dead lawns, driveways that needed paving, mildewed roof tiles, and touched on the problem that renters could not be dealt with under the village Council Workshop Meeting Minutes September 6, 1995 Page 5 ------------------------------- present ordinance. Officer Davis had also filmed areas adjacent to Tequesta where the County ordinances were not enforced and the front yards were basically used as storage areas for trucks and boats, and in one case, even an airplane. B. MINIMUM PROPERTY STANDARDS Officer Davis reviewed the minimum property standards proposed as amendments to the village Ordinance. C. FSS 162, PART II (SPECIAL MASTER) Officer Davis explained that the current Ordinance would be amended to add Chapter 2 of the Code Enforcement Statute, and that a system would be established involving citations and a Special Master to speed up the current process which now requires two to three months for notice to be given and appearances to be scheduled before the Code Enforcement Board. The new process was meant to be proactive rather than reactive, and would allow the Code Enforcement Officer to deal with renters, which he could not do under the present Ordinance. Officer Davis explained that under the proposed program he would issue a summons, or citation, for violations, which would require appearance before a Special Master, who would be a practicing attorney who would act as a judge, with appeals to go to the Code Enforcement Board and/or the Circuit Court. V. DISCUSSION/INPUT, H.O.A. REPRESENTATIVES Joha Giba commented that the idea to maintain and improve the quality of the Village was commendable, and that the Comprehensive Plan demanded that the community not be allowed to deteriorate. Mr. Giba pointed out three areas village Couacil Workshop Meeting Minutes September 6, 1995 Page 6 ------------------------------- for consideration. (i) That appearance was very difficult to define, (2) Suggested dealing with the most flagrant violations to minimize argument by the violator and enlist the support of the community, and (3) Cautioned against going too far such as was done in Hilton Head, South Carolina, where every building was brown, and there was nothing stimulating about the appearance of the town. Mayor Mackail commented that the intent of Code Enforcement was to parallel the deed restrictions and covenants of homeowners associations, to give residents an avenue of recourse, and that Officer Davis was busy because people complained about problems. Peggy Virhoven suggested finding out how many renters or property owners who were not in residence were in violation and beginning with those violations, and suggested a program using school children to help people comply by providing financial incentive for students who needed jobs, perhaps funded through the Chamber of Commerce or by donations. Ms. Virhoven stated that this program would need to be monitored, possibly by a police officer. Ms. Virhoven suggested that homeowners should be asked why they were not maintaining their property and what was within their budget to handle their problems. Tim xitter, Presideat of Windimere Villas, Phase i, stated that representatives of his condominium were present because they had understood Ordinance 377 would be discussed at this meeting. Mayor Mackail responded that the agenda had been set up to get feedback from homeowners, homeowner associations, and residents to see if the program under discussion had any merit. Chuck Woodbura, Wiadimere villas Phase i, stated he agreed with establishing standards for the appearance of homes, however some of the things the Village wanted Windimere Villas to do were ridiculous and financially out of reach of village Couacil workshop Meetiag biiautes September 6, 1995 Page 7 ------------------------------- the condo owners. Gordoa xitter stated he was a homeowner who had lived in Tequesta for eighteen years and had been a charter member of the Tequesta Code Enforcement Board. Mr. Ritter stated that the average value of units in Windimere Villas Phase I Condominium was $50,000, that they were required to spend $30,000 tearing out trees, changing sprinklers, etc., which came to $2,000 per unit. Mr. Ritter commented that he saw a threat to people in condos, many of which were in good repair, with surrounding houses in bad shape, and cautioned that there would be a revolt if standards were adopted against mildew on roofs and cracks in driveways. Mr. Ritter explained that school children could not be allowed to work on properties because of liability. Mr. Ritter stated that the real issue must be addressed, which was the condo associations and what they were being required to do. Mr. Ritter stated that the Building Department was not cooperating, that the condo people were not being treated fairly, and that this was economic discrimination which the lower middle class could not survive and would be forced to sell their condos. Barbara Gomez, resident of Tequesta and Assistant Principal at Jupiter High School, commented that certain scholarships required 76 hours of community service during high school years and that it was a wonderful idea for them to help fix up properties for people who were sick or elderly. Ms. Gomez stated that minimum standards should be specific, because vague laws made the Code Enforcement Officer s job harder. Ms. Gomez explained that in her neighborhood people had deliberately run down property values, that her property value had declined, and that Officer Davis must be given the tools to work with that he needed. Jack Do'Mney, representative of Beach Road Association, questioned whether consideration had been given to the use Village Council iorkshop Meetiag Miautes September 6, 1995 Page 8 ------------------------------- of alternative dispute resolution, and recommended that the village look at the State process of mediation which would eliminate approximately 60$ of disputes. Chuck Hartley, who stated he lived in a residence in the Country Club, commented that he believed the purpose of this meeting was to learn whether there was general support for an ordinance to improve the quality of life in Tequesta by improving maintenance standards of houses. Mr. Hartley commended the Village Council for spearheading this matter and expressed his view that Tequesta was becoming slightly shabby. Mr. Hartley stated it was in the best interests of all the residents to do whatever could be done to pass the ordinance, and that an atmosphere would be created in which people would want to keep their property maintained. Mayor Mackail commented that the Village was interested in investing in the community and had improved Tequesta Park, had plans to improve Constitution Park when the lawsuit was settled, and had acquired the JTJC building. Councilmember Capretta responded to Mr. Ritter from Windimere Phase I condominium that Ordinance 377 had been aimed at business owners to improve their properties, and mainly their parking lots. Councilmember Capretta commented that he was rather shocked at the comments which had been made and that it was possible that the ordinance was too strict or was being misadministered and that it should be looked at. Councilmember Capretta stated that anyone who was unhappy should have contacted him, and that his number was in the telephone book, and that if a number of people were unhappy that a workshop meeting should be held to discuss the subject, and that $2,000 per unit was far in excess of what the village Council had anticipated the burden would be. Waacy Hirst, Presideat of Tequesta Gardeas, inquired what was being done with the old K-Mart and the old Publix village Council workshop Meetiag Miautes September 6, 1995 Page 9 ------------------------------- properties. Councilmember Capretta responded that the old K-Mart would be torn down by Mr. DiVosta who wanted to build a new development, that the village would like to provide incentives so that building would start very soon, and that plans had been submitted to the Village to redo the parking lot, sign, and storefronts in Tequesta Plaza. Gordoa Ritter stated that Ordinance 377 contained language that financial hardship is no excuse, which was very scary. Alec Cameros commented that in 1966 Palm Beach Gardens had been a prime residential area and that those neighborhoods had not been kept up, and commended the Village Council for trying to stop decline. Mr. Cameron explained that their condominium had appealed to the Village Council for relief on some requirements of Ordinance 377 that they felt they could not comply with, and the Council had been cooperative and waived those requirements. Robia Robiasoa commented he had moved to Tequesta less than five years ago and did not know what went on five years ago when Ordinance 377 was passed, and felt that a better strategy would have been to first resolve the problems with Ordinance 377 and then to discuss the proposed minimum property standards for residences. Mayor Mackail stated that countless Council meetings had addressed Ordinance 377 and that the people now complaining about the Ordinance had never attended. Mayor Mackail stated that no negative comments would be taken, but that proactive comments would be considered, and suggested a Village Council workshop with condominium associations to address their concerns, and asked those interested to leave their names and phone numbers so that they could be contacted regarding a workshop meeting. The Mayor stated that Council meetings were generally held twice a month, and that the Village staff and the Councilmembers were always village council Workshop Meeting Minutes September 6, 1995 Page 10 ------------------------------- available to deal with any problems. Jim Humpage, resident of Tequesta, stated that everyone was present because they cared about the Village and it was good that communication was going on. Mr. Humpage inquired whether the Special Master would be a paid position to which Mayor Mackail responded that the intent was to find several attorneys who would be rotated so that no one individual would be making all decisions, and that it would be a paid position, however, money would be saved since the process would be streamlined and cases would not have to be brought before the Code Enforcement Board time after time which resulted in high attorney's fees. Mr. Humpage suggested some sort of process to resolve problems before going before a Special Master. Neil Vanderwalt, a resident of Tequesta, pointed out that there were concerns regarding the Lantana Plan but stated that he had great confidence in the village Councilmembers. Mr. Vanderwalt suggested a mailout to all property owners under the scope of Ordinance 377 regarding the workshop meeting since he had attended a Code Enforcement meeting where condo representatives had been present to watch the process and were very scared regarding their responsibility under Ordinance 377 to the point that they were considering resigning. Because of the number of submittals with which the Building Department was being bombarded, Mr. Vanderwalt suggested that staff might not be able to consider special problems, and that he wanted his property to look nice but would not willingly comply with tearing out his parking lot since he did not have enough parking at the present time. Mr. Vanderwalt stated that Council would be well served to work out problems with Ordinance 377 because they would face the same problems with the Code Enforcement ordinance. Councilmember Capretta reminded those present that Ordinance 377 had been in effect for five years and businessmen should village Council ~Porkshop Meetiag Miautes September 6, 1995 Page 11 ------------------------------- have come in to talk about the Ordinance long ago and to work out problems, and that a meeting would be held to discuss the matter. Councilmember Capretta explained that Officer Davis had handled 1,460 cases since last October and all were in compliance except two. Mr. Capretta commented that the tough cases were not people who could not afford to maintain their properties, but people who decided not to comply no matter what happened, and that there would not be a waiting period for the residential ordinances. Councilmember Schauer stated that a workshop meeting would be held within 30 days and would be advertised, and explained that this was the first time the village Council had knowledge that the condominiums were unhappy with Ordinance 377, and asked that if anyone knew of other condos that would like to attend to write their name and number on the list so that they could be contacted to attend. Chuck ~Poodbura, ~iadimere villas Phase =, explained that they had understood from the Community Appearance Board that waivers they had asked for had been approved, but they had to wait to appear before the village Council, and explained that their condominium president for the past five years had known about Ordinance 377 but had kept that knowledge to himself until he recently moved, and that was the first they knew about it. Councilmember Capretta called for a show of hands from those in favor of the village Council going ahead with developing ordinances on minimum property standards to improve the village and to establish a Special Master Code Enforcement system. The majority of those present raised their hands. Peggy Gallop stated that she had moved to Tequesta 24 years ago and had chosen this village because of the water boundaries which would not allow the Village to grow into a Ft. Lauderdale or Boca Raton, but she had seen a gradual decline and was in favor of the ordinance. village Council Norkshop Meeting Miautes September 6, 1995 Page 12 ------------------------------- Chuck Blain, Presideat, Jupiter-Tequesta-Joao Beach Chamber of Commerce thanked Officer Davis for inviting him to attend this meeting, supported downtown development, and commented that Tequesta had a different quality of life than surrounding communities. Louise Mortad, Director of Jupiter-Tequesta-Juno Beach Chamber of Commerce commented that all of the comments at this meeting were valid and she was sure the Council would consider all of them, and stated that Tequesta should capitalize on their unique community. Barbara Gamtez questioned whether there was a time limit for compliance with Ordinance 377 and with the proposed minimum property standards ordinance. village Manager Bradford explained that the five years allowed to come into compliance with Ordinance 377 had expired and that fines could now be imposed, however, the village was working with those who showed evidence of intent to comply by submitting a letter of intent from a landscape architect. Those who did not respond would be handled by Officer Davis. The village Manager explained that the ordinance under discussion regarding residential properties would be effective when it was adopted. Peggy virhovea commented that Tequesta must provide incentives to attract businesses and to keep the existing businesses in Tequesta, urged adoption of the ordinances, and commended the village Council for holding discussion with the residents. Councilmember Capretta commented that new residential development was needed to provide customers for businesses. VI. ANY OT8$R MATT$RS Village Council workshop Meeting minutes September 6, 1995 Page 13 ------------------------------- There were no other matters to come before the Village Council. VII. ADJO'~'RNMBNT The meeting was adjourned at 9:25 P.M. upon motion made by Couacilmember Schauer, seconded by Couacilmember Capretta sad unaaimously carried. AT'~ST C~..._~- Jo nn Manganiel o village Clerk DATE APPROVED: Respectfully s bmitted, '~~~ U Betty Laur Recording Secretary ,.e.__ ~ _ ~~ a2 8-, i 9 9,f .~ ,~