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Home My WebLink AboutOrdinance_10-18_06/14/2018_FAILED FAILED ORDINANCE NO. 10-18 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL. SEC. 78-4. DEFINITIONS. BY AMENDING THE DEFINITION FOR "REHABILITATION FACILITY" TO PROVIDE FOR THE LIMITED PROVISION OF INSURANCE PAYMENTS FOR PATIENT CARE, INCLUDING PARTIAL PAYMENTS FROM COMMERCIAL OR SELF- FUNDED INSURANCE PLANS FOR PATIENT CARE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta has received a privately initiated application from GMH Tequesta Holdings, LLC to amend the Village's zoning code text to allow rehabilitation facilities to accept in-network insurance payments from clients for payment; and WHEREAS, the applicant has previously provided informational presentations at Village Council workshops; and WHEREAS, the applicant has met with Village staff in order to prepare its application in a manner that will serve not only its own purposes, but also those of the Village; and WHEREAS, the applicant has taken into account all the input obtained at all the aforesaid workshops, resulting in the zoning code text amendments as set forth herein, which the Village Council believes will be in the best interests of the Village of Tequesta, and will promote the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article I. In General. Sec. 78-4. Definitions. by amending the definition for "Rehabilitation facility" to provide for the limited provision of insurance payments for patient care, including partial payments from commercial or self-funded insurance plans for patient care; providing that this definition shall hereafter read as follows: 1 Section 78-4. Definitions Rehabilitation facility means a private State of Florida licensed facility that provides rehabilitation care for patients who are eighteen years of age or older. The primary purpose of a rehabilitation facility is to provide treatment for drug and alcohol addiction and eating disorders; however, the rehabilitation facility must be a dual diagnostic facility staffed and equipped to provide treatment for co-occurring disorders. Rehabilitation facilities may also provide programs that promote health, wellness and overall lifestyle enhancements for their residents. Rehabilitation facilities must provide a structured residential living environment which includes the following features: 24-hour on-site security; 24-hour patient supervision by licensed nursing staff; and quality of life services such as swimming pools, garden areas, sport-courts, exterior patios or sitting areas, community living areas, meditation areas, fitness rooms, libraries, recreation rooms, televisions, on-site food preparation, and telephone and internet service. Rehabilitation facilities must provide rehabilitation care by means of short-term care treatment and extended care treatment as needed, and may also provide follow-up treatment and outpatient treatment to current residential patients of the Rehabilitation facility, as well as a limited number of non-residential patients who have, at a minimum, successfully completed short-term care treatment at the Rehabilitation facility. Rehabilitation facilities shall not offer any services for individuals with a history of violent behavior or threats to the public health, safety and welfare or the health, safety and welfare of other patients. The following definitions apply to the definition of rehabilitation facility: l. Rehabilitation care means diagnosis and treatment for drug and alcohol addiction disorders, eating disorders and physical, behavioral, mental or emotional issues that are directly attributed to those disorders. Rehabilitation care does not include emergency or medical detoxification, which is specifically considered a prohibited use. Should a rehabilitation facility patient require emergency or medical detoxification, this must be completed at an off-site facility prior to beginning rehabilitation care. 2. Private means privately owned and funded with no use of state or federal (including Medicare or Medicaid) funds for the operation of the facility, the treatment of patients, or research work that would require the acceptance and treatment of federally or state funded patients. Partial navments from commercial or self-funded 2 insurance nlans mav be accented bv the Rehabilitation Facilitv for natient care. 3. Short-term care means a program designed for a minimum residential stay of 30 calendar days. 4. Extended care treatment means an additional 30 to 60 calendar day stay in residential treatment after completing the initial short-term care residential treatment program. 5. Follow-up treatment means a program designed for an additional one week stay in residential treatment, subsequent to the previous completion of the Short-term care or Extended care treatment program, and must occur at the same facility where Short- term care or Extended care treatment was received. Follow-up treatment is for those patients who need additional structured follow-up treatment that does not require the clinical intensity of the Short term or Extended care treatment program. At any given time, Follow-up treatment shall not account for more than ten percent (10%) of the Rehabilitation facility's patient clientele. Follow-up treatment sa�e can also be in the form of electronic correspondence or tele-conferencing, and in such cases has no limit or restrictions regarding the duration of the care, the location of the treatment or the number of participating patients. 6. Outpatient treatment means a regimen of treatment that may include any or all of the following services: group counseling, individual counseling, relapse prevention counseling, and educational lectures. Outpatient treatment may be offered at the following levels: "Day or Night with Community Housing" which provides a minimum of 25 hours of services per patient per week; "Day or Night" which provides 12-24 hours of services per patient per week, "Intensive Outpatient" which provides 9-11 hours of services per patient per week; and "Outpatient" which provides less than 9 hours of services per patient per week. At any given time, Outpatient treatment may only be provided to a maximum number of non-residential 3 patients equivalent to five percent (5%) of the Rehabilitation facility's current Short term care, Extended care and residential Follow-up treatment clientele. Outpatient treatment services can also be provided to the Rehabilitation facility's patients who are currently receiving Short-term care, Extended care or residential Follow-up treatment, and in such cases the number of participating patients is only limited by the Rehabilitation facility's residential occupancy limits as set forth at Sec. 78-180(i)(16). 7. Emergency or medical detoxification means the elimination of toxins such as alcohol or controlled substances from the body of individuals who require acute care and/or may have serious health risks as a result of their substance abuse. Medical or emergency detoxification is performed under the direct supervision of inedical doctors and medical support staff, and may include the administration of inedication or tranquilizers in order to ease the withdrawal process. Emergency or medical detoxification is a prohibited use in a Rehabilitation Facility. Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. 4 Failed ORDINANCE Date �:�.;_.,_' .'j 10-18 06/14/2018 Upon Second Reading Motion Council Member Laurie Brandon Second Council Member Vince Arena VOTE FOR ADOPTION AGAINST ADOPTION ABSENT Mayor Abigail Brennan � � � Vice-Mayor Tom Paterno � a � Council Member Vince Arena � � � Council Member Laurie Brandon � � � Council Member Kristi Johnson � � � The Mayor thereupon declared the Ordinance duly . denied. �,,,,,,,,,,,,,�0��,,,,,,,,,, MAYOR OF TEQUESTA ATTEST: .,,'°�C��•"'PO��Q��"''= :�,?�OR G'; s�� G �'�:�; :,.� SE :N� _ :�NCORP AL �D= ' ; �RA7Epj s , ''Ny�vNF4, 19'��..�•'Q��''�` �II..(.� � (,�,GCL�'/��"„�F��"�°�. � b�gail rennat Lori McWilliams, MMC Village Clerk