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2009.01.06_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, January 6, 2009 1:30 P.M. Mayor Jim Newill, CPA called the Regular Meeting to order in Commission Chambers at 1:30 P.M. CALL TO ORDER: Roll Call: Members present: Mayor Jim Newill, CPA; Vice Mayor Miriam S. Zwick; Commissioner Doris M. Trinley; Commissioner John J. Sorrelli and Commissioner John J. Pagliaro. Also present: Town Attorney Tom Sliney; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown; and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a moment of silence • in honor of members of the military, both living and deceased. Civility Pledge: Town Clerk Brown recited the Civility Pledge for the Commission and public. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Town Mana e~ r Superman introduced Craig Hartmann, Chief of Police Designee who will begin his duties on January 12, 2009. 2. PUBLIC COMMENTS AND REQUESTS Carl Feldman - 3210 S. Ocean Blvd. All the Boards within the Town of Highland Beach are appointed by the Commission. On behalf of the thirty five unit owners in Villa Costa, I am requesting that the Commission get involved in the code violation hearings set for unit #PHS. The unit owner removed the fire wall and will not allow the contractor hired by the association into the unit to make the necessary repairs. A hearing was held on December 17~' by the Code Enforcement Board that is to be continued. It appears to be a football game. Request the Town Attorney get a court injunction. The building is in jeopardy with the broken fire wall. Town Commission Minutes January 6, 2009 Page 2 of 16 • Joseph Colby - 3210 S. Ocean Blvd., Acting President -Villa Costa Condominium Request that the Vice Mayor put the code violation matter on the agenda for the Regular Commission meeting so that the matter can be fully aired. Sworn testimony will indicate acts of malfeasance and misfeasance on the part of Town Officials. Safety is at stake for the residents of our building. Vice Mayor you need to take control and not seek advice from either the Mayor or Town Manager. Also request that the Palm Beach County's States Attorney be called in to investigate. Beverly Knight - 4301 S. Ocean Blvd. The Highland Beach turtle patrol recently had a historic event in Zone 2. We had a "hawksbill" nest; missed the hatchlings; excavated 170 eggs; but 46 had actually hatched. Last year we had the only nest in the entire state. Jack Halpern - 4511 S. Ocean Blvd. I am a member of the Code Enforcement Board. Since the code violation involves the Mayor, it would be best that the Board report to the Vice Mayor until this problem is resolved. Recommend that the Town Manager defer from setting up any meeting and the meeting be scheduled through the Vice Mayor. Harold Hagelmann -Boca Highlands Have been a resident for the past 24 years. With the economy and job market in the predicament that it is in, it is mind boggling that Palm Beach County is considering building a • park in Highland Beach while the rest of the state is going bankrupt. Is this the time to be spending millions on a park? Asking that this item be tabled. Emanuel Roffman -Brae Mar Isle Recently read an article that we are all being affected by the present economy. The state is looking to make $2.3 billion in cuts to the present budget. No one wants to admit that they are making a mistake. Continuing with plans for this park is the height of irresponsibility. Let the County use the money where it is badly needed for other projects. 3. PRESENTATIONS • None 4. BOARDS AND COMNIITTEES A) Board Correspondence • Planning Board -Recommendations to create a task force to review the Town Code for errors and omissions. Chairman Lou Stern -The previous Building Official asked the Planning Board to review 19 or 20 sections in Chapter 30 that he was having problems with. The Planning Board would like to start reviewing these items and would like the authorization from this Commission for • us to hire professional help with some of these concerns. Mayor Newill -Will this committee be made up exclusively of Planning Board members? Town Attorney Sliney -The Planning Town Commission Minutes January 6, 2009 Page 3 of 16 Board would like to address the problems and make recommendations to the Commission on changes that need to be made to Chapter 30. But would like the ability to hire outside sources to assist them when it becomes necessary. Mayor Newill -Not asking to bring outside people in as members of the task force? Chairman Stern- Would like to bring outside professionals in for their expertise if necessary. Comm. Pa lg iaro -The task force will be strictly members of the Planning Board? Chairman Stern -Will only be members of the Planning Board as it will allow us to hold public hearings. Once we are completed, we will bring our recommendations to the Commission. MOTION: Comm. Sorrelli moved to authorize the Planning Board the ability to hire outside assistance during their deliberations on revision of Chapter 30; seconded by Vice Myor Zwick. ROLL CALL: Commissioner Sorrelli - Yes Vice mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Mayor Newill - Yes Motion passes with a 5-0 vote. • B) Board Action Report • Read into the record by Town Clerk Brown. C) Board Vacancies • Code Enforcement Board Louis Reidenberg, Chairman -Unexpired term ending 7/2011 Martin Sahan, Vice Chairman -Unexpired term ending 5/2009 Clerk Brown advised that the vacancies were posted on all Town bulletin boards, Town's website and Channe197. D) Monthly Board Meetings -read into the record by Town Clerk Brown. • Beaches & Shores Advisory -Jan. 13th -Regular - 9:30 A.M • Planning Board -Jan. 14th -Regular - 9:30 A.M.- Canceled • Board of Adjustment -Jan. 20th- Regular- 9:30 A.M. -Canceled • Code Enforcement Board -Jan. 21st -Regular - 9:30 A.M. • Cultural Advisory -Jan. 22nd -Regular - 9:30 A.M. 5 PROPOSED ORDINANCES AND RESOLUTIONS: • A) Authorizing and Approving the Transmittal of the Town of Highland Beach Draft Evaluation and Appraisal Report of the Comprehensive Plan to the Department of Community Affairs for Preliminary Comments Town Commission Minutes January 6, 2009 Page 4 of 16 • RESOLUTION N0.09-001 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH AUTHORIZING AND APPROVING THE TRANSMITTAL OF THE TOWN OF HIGHLAND BEACH DRAFT EVALUATION AND APPRAISAL REPORT OF THE COMPREHENSIVE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR PRELIMINARY COMMENTS; PROVIDING FOR SEVERABILITY; AND AN EFFECTIVE DATE. Town Clerk Brown read the Resolution, title only, into the record. Town Mana er Su eg_rman -For some time, the Town has been under an obligation to the Department of Community Affairs to update our Comprehensive Plan through a process known as an Evaluation and Appraisal Report (EAR). The Evaluation and Appraisal Report is an effort to accomplish just what it says: that is to complete an evaluation and an appraisal of any updates or modifications needed in the Town's Comprehensive Plan based upon changing conditions here in the Town of Highland Beach or changes in existing law. We have contracted with the Bell David Planning Group to help us in the development of the draft of our EAR, and that document has been given to the Commission previously for review. The purpose of this being on the agenda is two-fold. First to trigger public discussion on the updates and modification and secondly to hold a public hearing. • Jerry Bell of Bell David Planning Group -Florida law requires municipalities to review the growth, development and infrastructure within the community. In addition, they need to update the population and growth within their current comprehensive plan. The current plan was adopted in 1989 and we have made the necessary updates. We are seeking authorization to transmit the Evaluation and Appraisal Report to the Department of Community Affairs. We have addressed infrastructure and services; plus the 20-year water supply'plan and growth management in the EAR. Once we submit to Community Affairs for review, they have thirty days to respond to the thirty two amendments that were included. Commission Questions: Comm. Pa lg iaro -The report mentions average daily traffic. Does it take in account year round traffic? Or just part time summer traffic? Mr. Bell - The Palm Beach County traffic counts take in both types of days. Comm. Trinley -The library should be referred to as the Highland Beach Municipal Library -not public library. Mayor Newill -Opened the Public Hearing. Receiving no public comments the hearing was closed. MOTION: Commissioner Pagliaro moved to adopt Resolution No. 09-OO1R; seconded by Commissioner Sorrelli. Town Commission Minutes January 6, 2009 Page 5 of 16 • ROLL CALL: Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion approved with a 5-0 vote. B) Recognizing the "Building Citizenship in the Community Back to Basics" Initiative of the Florida League of Cities RESOLUTION N0.09-002 R A RESOLTUION OF THE TOWN OF HIGHLAND BEACH RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT. Town Clerk Brown read the Resolution, title only, into the record. Town Mana eg r Su erman -Under the leadership of Dr. Carmine Priore, Vice Mayor of the • Village of Wellington and recently elected president of the Florida League of Cities, he is promoting a program designed to educate our citizens on the fundamentals of municipal services and what it takes to effectively run our organizations. Known as the "Building Citizenship in the Community: Back to Basics" initiative, he has asked that each of the 400 + local government in the State of Florida to adopt a resolution of support for this effort. MOTION: Commissioner Sorrelli moved to adopt Resolution No. 09-002R; seconded by Vice Mayor Zwick. ROLL CALL: Commissioner Sorrelli - Yes Commissioner Trinley - Yes Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion approved with a 5-0 vote. C) RESOLUTION N0.09-003 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPOINTING PALM BEACH COUNTY SUPERVISOR OF ELECTIONS SUSAN BUCHER TO THE TOWN CANVASSING BOARD AND • AUTHORIZING SUSAN BUCHER TO REPRESENT THE TOWNS' CANVASSING BOARD FOR THE GENERAL MUNICIPAL ELECTION OF MARCH 10, 2009. Town Commission Minutes January 6, 2009 Page 6 of 16 • Town Clerk Brown read the Resolution, title only, into the record. Mayor Newill -This is the standard Resolution that we adopt every election year. MOTION: Vice Mayor Zwick moved to adopt Resolution No. 09-002R; seconded by Commissioner Sorrelli. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Commissioner Pagliaro - Yes Mayor Newill - Yes Motion approved with a 5-0 vote. 6. NEW BUSINESS A) Declaring Certain Property to be Surplus Property . Town Mana eg r Superman - From time to time the various operating departments gather all of their inventory items that are no longer of any use to the department, and they are put on a list for purposes of disposal. Under the law, because these items were purchased either with taxpayer or ratepayer monies, in order to dispose of these items the Town Commission needs to declare them to be surplus property and of no further use to the Town. Once they have been declared as surplus, we will be able to dispose of the items, either through an auction, sealed bid, donating them to charitable organizations or sending to the landfill. I would recommend that the Commission declare the attached list of items as surplus and of no further use or value to the Town. MOTION: Commissioner Sorrelli moved to declare the list of items attached to the agenda as surplus property; seconded by Vice Mayor Zwick. Motion approved by a 5-0 Voice Vote. B) Public Hearing -Cam D. Milani Park -Special Exception Application -Palm Beach County Mayor Newill stated the sequence of order on how the Public Hearing would be held. Town Clerk Brown swore in all those who intended to testify. • Town Commission Minutes January 6, 2009 _ Page 7 of 16 • Collene W. Walter of Kilday Associates said the following would also be submitting testimony or are available to answer questions: Audrey Wolf, Director -Facilities Development & Operation; Amy Petrick, Assistant County Attorney; Melanie Borkowki, Manager -Facilities Compliance; Fred Roth, Civil Engineer with Michael Schorah & Associates; Rebecca Mulcahy -Traffic Engineer with Pinder Troutman Consulting; Robert Carr, Executive Director of the Archaeological and Historical Conservancy. Collene Walter submitted "Special Exception Application - Rebuttal Response Resubmission Archaeological Update" into the record and requested that the Commission accept it. MOTION: Commissioner Sorrelli moved to except "Special Exception Application - Rebuttal Response Resubmission Archaeological Update" into the record; seconded by Commissioner Pa liaro. ROLL CALL: Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passes with a 5-0 vote. Robert Carr, Executive Director of the Archaeological and Historical Conservancy. Palm Beach County proposes to create a beach access park with minimal structural/infrastructure amenities that include a lifeguard/restroom building, a pedestrian walkway that connects with a dune walkover structure that is a wooden boardwalk stairway/ramp system from the primary dune to the beach, and public parking. All of these proposed improvements will be placed on the eastern parcel, except for the parking which will be located on the western parcel. Archaeological Management Goals -1) To remove and/or minimize any potential adverse impacts to unmarked human graves.; 2) To minimize any potential adverse impacts to any significant archaeological deposits and archaeological features within the park; 3) To provide public interpretation of the Milani Park archaeological site. Park Development Tasks - A. Sta ink -All heavy equipment, construction supplies, materials, and fill will be placed on the northern lot of the eastern parcel. This location has the most disturbances from prior improvements including a paved driveway and garage structure with a concrete slab floor, and also has an area of storm washed sediments that will allow for the placement of construction materials and equipment without disturbing intact archaeological deposits. Additional staging areas, primarily for pathway construction, may occur on the western parcel. B. Pathway Construction -All pathways will be placed on top of • fill to avoid disturbances to any natural soils and intact archaeological deposits. Most of the pathways will avoid the southern area of intact archaeological deposits as indicated by the Town Commission Minutes January 6, 2009 Page 8 of 16 • Wheeler site map. The following tasks will be completed as part of the pathway construction: First, the path alignment will be staked and hand cleared of vegetation. The project archaeologist will then check the location with an on-site inspection. After approval of the location, a layer of fill will be placed on top the pathway by a bobcat loader. The bobcat/loader will push the fill in front and thus always stay on top of the fill while pushing. The bobcat loader will then drive in reverse and pick-up the next load. Once the fill is placed, the pathway will be constructed within the fill horizon. A pervious material will be used for the wear surface for the pathway. All posts will avoid penetrating the natural sediments. C. Lifeguard/Restroom Building- -The lifeguard/restroom building will be placed in the northern disturbed lot. It will be constructed on top of the swimming pool area and thus avoid disturbing any archaeological deposits or human remains. All subsurface construction will be confined to the disturbed horizon and will be subject to monitoring by the project archaeologist. construction methodology and details. D. Utility Trenching - The restroom facility will require a water and sewage hook up to existing utilities within the A-1-A right- of-way. The proposed utility alignment will be approximately three to four feet in width. The utility alignment will be staked and subject to archaeological testing along its length. If human remains are encountered the alignment will be relocated. If intact archaeological deposits are encountered then those deposits will be documented by the project archaeologist- E. Parking=All parking will be placed on the western parcel on top of existing fill. F. Exotic Plant Removal -Exotic plant removal will be conducted by a combination of hand labor (i.e. using chain saws) and herbicides. No heavy equipment will be used to push over or uproot trees. Cutting the trees above ground level, and chipping and mulching will be done on site • whenever possible. Removal of the material will be accomplished by a combination of chipping, letting some material decompose naturally, hauling it out by wheel barrow, and/or the creation of mini-work stations by creating fill pads across the parcel where material can be chipped and/or hauled out. Chipping and mulching work stations will be located on the northern lot. Smaller staging areas may be created on top of fill pads and pathways. Archaeological Action Plan - ~ Interfacing and communication with Florida tribal representatives began again in October, 2008 and will continue throughout the project. Archaeological testing and monitoring will be conducted at the location of the dune crossing to the beach. Erosion has already occurred there exposing strata of shell midden. This area will be stabilized as part of the walkway/stairs construction. ~ Construct pathway system on top of fill instead of constructing a wooden boardwalk so that excavations and ground disturbing activities can be minimized and eliminate all excavations for boardwalk piers/posts, except at beach crossing. All pathway construction will be subject to monitoring. All subsurface disturbances including trenching, excavations, and demolition will be subject to monitoring by an archaeologist. If any significant archaeological materials or features are encountered they will be documented. If any human remains are uncovered then the provisions of Florida Statue 872.05, the Unmarked Human Graves Act, will apply and the State archaeologist and the Florida tribal representatives will be notified 5 ZAII exotic plant removal will be done by hand labor and herbicides. No heavy equipment will be used to clear or push vegetation, and otherwise disturb subsurface sediments. All exotic plant removal will be coordinated and monitored by the project archaeologist. 6~ All demolition of existing . masonry, walls, etc. will be done above ground without removal of foundations whenever possible. The existing in-ground swimming pool will remain and will be filled as it will be Town Commission Minutes January 6, 2009 Page 9 of 16 • used as the location of the proposed lifeguard/restroom building unless it is found to be unsuitable for use as a foundation for the building. Should the pool be unsuitable, removal will be required with coordination with the project archaeologist and replaced with fill. All demolition will be subject to archaeological monitoring. ~ The Milani archaeological site will be interpreted with signage. The signage will conform to current National Park Service standards. A copy of the signage text and graphics will be submitted to the State archaeologist and tribal representatives for review. ~ Park staff and park maintenance personnel will be trained about the archaeological sensitivity of the park. Guidelines for protecting the park's archaeological deposits and human remains will be provided. ~ An application for listing Cam D. Milani Park on the National Register of Historic Places will be completed and submitted to the Florida SHPO. Frederick Roth, P.E. -Michael B. Schorah & Associates, Inc. In response to the concerns expressed over the proposed construction methodology for the lifeguard/restroom building for Milani Park; I submit the following: 1_a. Based on U. S. Geological Survey maps, the wet season water table elevation for the site is between 1' and 1.5' NGVD. The U. S. Department of Agriculture Soil and Conservation Service map shows the site as Arents -Urban land complex and- Palm Beach -Urban land complex. Both of these soils are generally rapidly permeable in all layers and well drained. The ground water table elevation in this area is influenced by tidal fluctuations as welt. The average tide elevation for this area is approximately elevation 1.9'. Based on this information, we have used a wet season water table elevation of 2.0' NGVD with the proposed dry detention area bottoms set . 12" to 24" above this elevation. Verification of system recovery will be provided with the final engineering design and permitting utilizing ground water modeling computer software, accounting for the flow to tide, as noted previously. Based on previous project experience with similar conditions, it is our opinion that this system will function within the regulatory parameters required for permitting. l.b. Based on the site layout, ground water data as noted above, and the preliminary grading scheme indicated on the site plan we have run preliminary surface water management models for several storm events to establish the anticipated flood stages that would be produced by this site layout. The 25 yr - 3 day storm event, with a 3 day rainfall total of 17.0" (based on figure C-8 SFWMD Basis of Review) results in a maximum stage of elev. 5.50' without any offsite discharge. Note that this storm event is considered as the design event and would normally allow for offsite discharge based on either an established value or apre-development /post-development analysis. The proposed site design established a minimum perimeter berm elevation of 6.0' and does not include any offsite discharge point. Therefore the entire volume of rainfall produced by the design storm (25 yr - 3 day) is retained on site. Further analysis of the proposed site was done utilizing a 100 yr - 1 day storm event, with a total rainfall of 20" in 24 hours (based on Figure C-6 SFWMD Basis of Review). This storm produces a maximum stage of 5.88', again without offsite discharge. Based on this analysis it can be stated that the proposed system exceeds the standard permit criteria. Note also that the exterior grades around the wetland either exceed the proposed berm elevation or there is sufficient area available to construct a berm and/or gravity wall without impacting the jurisdictional wetland boundary. Therefore, it our professional opinion that the design will meet the applicable regulatory standards and • function as intended without impacts to neighboring properties or the wetland. l.c. South Florida Water Management District criteria states that in the absence of any local regulatory Town Commission Minutes January 6, 2009 Page 10 of 16 • criteria a local roadway should be designed to have a minimum grade at or above the stage produced by a 5 yr - 1 day storm and that for parking areas served by an exfiltration trench system the minimum parking lot grade should be protected from a 5 yr - 1 hour storm event. This site is neither a local road nor a parking lot served by an exfiltration trench system therefore this criteria does not apply to this site. However, we have analyzed the proposed system using the more restrictive criteria of the 5 year - 1 day rainfall of 8.5 inches to establish the minimum parking lot grade. The proposed minimum parking grade is at or above the calculated stage for the 5 yr - 1 day event, thereby providing for parking and access to this facility without flooding for this storm event. It is therefore our opinion that the design will meet the applicable regulatory standards and function as intended. During more extreme storm events (in excess of 8.5 inches of rainfall), the parking lot may have standing water and would be closed. 2. As identified in Item l.b. above this site is capable of providing for storm water retention for the design storm without an offsite discharge connection. Therefore no offsite drainage easements are required and this issue is resolved. All legal issues related to the existing ingress/egress easement which allows for the encroachment of the neighboring access drive and hedge onto the southwest corner of this parcel have been resolved. That area, which is included in their drainage system, was excluded from the proposed site drainage system. A 15' landscape buffer has been included on the park site at this location. That buffer will include the necessary perimeter berm as noted previously. It is therefore our professional opinion that the final design will meet the applicable regulatory standards and criteria and will function as intended. 3a. The difference in grade from the proposed finished floor elevation of the lifeguard/restroom buildings to the existing elevation of the SR A-1-A . right-of-way at this location is approximately 6.2' ft. No fill is intended to be placed in the state right-of-way. The north access gate on the east parcel is not a public access route. It is intended to provide access for lifeguard use only. Public access and handicap access to the restroom facility and beach area will be from the south access gate at the crosswalk location. We have confirmed that this route can be designed to meet all applicable accessibility requirements. 3_b. As noted above the proposed grade difference is approximately 6.2' not 9.0'. The fill slope along the west side of the restroom facility will be mechanically stabilized using geogrid or a similar type product to allow for the fill elevation to match existing grade at the right-of-way line of Ocean Boulevard (A-1-A). Details of this installation will be provided with the final engineering design for the project. It is our professional opinion that a suitable slope protection system can be constructed at this location. 3.c. We have reviewed the walkway from the south entrance gate to the restroom facility and to the beach access with regard to accessibility requirements and confirmed that grading of this facility can be designed and constructed to meet the applicable regulatory standards and function as intended. 4. The guardhouse will not be open to the public therefore any public access issues will not apply. The facility and access to it for employees only will comply with any ADA criteria related to this type of use/structure. Final determination of the design requirements and accessibility issues will be established during the final design and permitting process. It is our professional opinion that this facility can be designed to meet all applicable regulatory and permitting criteria. 5. The proposed plan has been reviewed and approved by the Fire Marshall. It is our understanding. that an e-mail was received from John Tomaszewski, City of Delray Beach Assistant Fire Chief on April 17, 2008 which confirms that the site plan is • acceptable. 6. In discussions with the Highland Beach Utilities Department, it has been determined that their system has the necessary capacity to serve this site. Both water service Town Commission Minutes January 6, 2009 Pale 11 of 16 • and sewer service connections to their system, either exist adjacent to the site, or can be established with minimal effort. Details of these connections will be provided with the final engineering design for the project Mayor Newill called a ten minute recess at 3:10 P.M. The meeting was reconvened at 3:20 P.M. Attorney Tom Baird -Cross Examination of Mr. Carr: Q - Is the pathway conforming to the requests made by Mr. Dayhoff? Reply -Path surface will be constructed with a pervious fill. Q -How is this different from the original proposal? Reply -The original proposal was a boardwalk with posts. Q -The recommendation from Archaeological Consultants, Inc. (ACI) was that all recognized South Florida recognized Tribes be contacted. Has there been any communication with the Seminole Tribe? Reply - Yes, we have contacted them, but have not received any return correspondence. Q -Has ACI recommended the pervious fill? Reply -Yes, but only if the native tribes agree. Q - In your response regarding the board walk, .you recommend a memorandum of agreement. Is this standard procedure? Reply -Yes. It has been used in the past with State of Florida projects. Q -Will the County agree to use the Memorandum as part of any approval? Reply - The County will have to answer that. Q - Is it possible that there are human remains under the swimming pool? Reply - It is possible. Q -Were human remains previously found in this area? Reply -Yes. But let me add, the construction zone will be contained in a previously disturbed area that did not have any remains. • Attorney Tom Baird -Cross Examination of Ms. Walters: Mr. Baird stated for the record, that all of Ms. Walters comments about the site walk are hearsay as she was not present. We will not know for sure what was actually said and agreed upon until we receive something in writing from the Miccosukee's. Q - We do not agree as planners? Reply -Yes. Q -Since we disagree, it is up to the Commission which planner they agree with. Reply -Yes. Attorney Tom Baird -Cross Examination of Mr. Roth: Q- Boardwalk -can you share with us the difference between the two systems. Plus explain how you will compact the sand; and how will the boardwalk not move? Reply - The actual design will be up to the County. In the original application the system had pilings with a wooden walkway. In the revision, the only wood is the railings. The intent is to create a filled pathway on grade. The construction will begin with a sand base, geograde materials and then fill. We will then create a concrete frame structure with beam on grade; the railing will be attached to the beam so that the pathway will be ADA accessible. Q -Where is this type of system used? Reply - It has not been designed as of yet. Assistant County Attorney Petrick -New drawings have been submitted with the resubmission. Our position is that Ms. Walters statements are hearsay but are acceptable in a quasi judicial hearing. Town Commission Minutes January 6, 2009 _ Page 12 of 16 . Paul L. Jones. RPA -Vice President of Florida History, LLC. (Representing the Town) After our meeting on 12/19/08, there are a few things that are different with this application. 1) It was the first time cultural resources were included in the planning process. This is an indication that the County is working to minimize the impact. 2) Mr. Dayhoff recommended using pervious materials. We spent a lot of time discussing the significance of the site and the use of wooden planks attached to a concrete base rather than a wooden walkway. 3) Rest rooms - My recollection is that Mr. Dayhoff stated the only acceptable location is the pool area due to prior disturbance. 4) Mr. Dayhoff agreed to the rest rooms being left on the east side due to safety issues. 5) Discussed at some length moving the walkways from the southern portion of the property to the northern area where the site is more compacted. But DOT will not allow it. 6) Dr. Wheeler requested that the map be redone showing the impact on the site. This will also require some additional testing on the site. Map is based on a number of studies, but does not include the impacts to the area. 7) Monitoring alone is a useful tool, but would not work on the whole project. 8) Monitoring should be part of the construction. Additional testing needs to be completed. Any time there is excavation, it should be done by an archaeologist. 9) A registered archaeologist should be on site at all times during the construction. 10) All tribes should be consulted. The Seminoles of Oklahoma are interested in historic native American sites. Make sure the Seminoles forward their comments. Cretes are also interested in burials. 11) Did not discuss at great length the Memo of Agreement. The agreement would outline terms for all entities to work together. Offers protection to all parties involved. Very important part of this project. . Commission Questions: Vice Mayor Zwick - Read with trepidation and amusement the revised attachment #3. It is written that the County purchased this property in 1987 as a beach park and you have an agreement from the Town in 1987 agreeing to this. I have lived in Highland Beach since 1985 and our Comp Plan at that time had no provision for a beach access park. In addition, are you aware that the use of "Jap Rock" is prohibited? The name was changed to Yamato Rock Jetty. I find this "very offensive." Commissioner Pa 1~ iaro -You mentioned when construction began, an archaeologist would be doing additional testing. Do you have an objection to an archaeologist being on site daily during construction? Reply -Already planned. Comm. Pa liaro -You also said something that greatly disturbs me. You said that the Town previously had no concerns or education about this property. Your inference was very disturbing. Commissioner Sorrelli -How much is this project going to cost. Reply - $4.2 million. Public Comments: Mayor Newill - At the end of this question period, the public hearing will be closed. Anyone can get up and testify, but does not have the opportunity to cross examine. Jack Halpern - I thought I could ask questions, plus have five minutes. Town Commission Minutes January 6, 2009 Page 13 of 16 • MOTION: Commissioner Pagliaro moved that any person who signed up to speak and have five minutes plus any additional questions to be asked through the chair; seconded by Commissioner Sorrelli. ROLL CALL: Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Nwill - Yes Motion passes with a 5-0 vote. Jack Halpern - 4511 S. Ocean Blvd. All the money spent on this application, and the County is using photos several years old. Presented new photos for the record to indicate that the beach is growing south of the rock croppings but getting smaller north. Will cost millions for beach re-nourishment. New methods of construction discussed today will increase the cost of the park. Hope we have learned from our mistakes. Questions: 1) Will there be an archaeologist on site during the entire construction? Reply - Yes. 2) The County stated the total cost to construct this park is $4.2 million. What has the cost been to date? R my -Object to question. 3) How will the fill be compacted? Reply - Final details not completed. 4) The application used geological ground water data. Is there no well data available? Reply -This is the generally accepted practice, as the data is collected over a number years. Joe Yucht -Boca Highlands Understand the position that the County is in. We all know there will be a park there. See two problems. 1) Have not seen any topo maps of the west parcel. This is the lowest point in town and is already a disaster when it rains. 2) Haven't heard the County say they want to dig on the east side. Only bring more fill in. What good does it do? Masonry wall - in original proposal. County went before Board of Adjustment and were granted a variance. Now they do not want it. Surface drainage flow. How are they going to drain it north? We who adjoin that area feel it is primary and needs to be addressed before any approval is given. Heard the County say they do not have to enter into an agreement to get the water from the mangroves into the Intracoastal. Why not? How are you going to get the people from the parking lot to the park. DOT will not allow any traffic control device. Beach side -feel the County should invest in a certified survey. Ed Pickard -Brae Mar Isle I hear nothing about security. Does anyone have concerns about the people presently living there? Town Commission Minutes January 6, 2009 Page 14 of 16 • Beverly Knight - 4023 S. Ocean Blvd. The County has finally agreed that there are human remains on the site. We should not be disturbing this area any further. For months the County has stated that this park was voted to be purchased with specific funds by County residents. This is incorrect. What they submitted under their special exception application was done under false pretense. This application should be returned to Planning as it was submitted with false information. Let it rest in peace. Manor Newill -The public hearings on this application started on November 4th. continued on December Sd' and today January 6't', and will end today. I would like to commend Audrey Wolf and Amy Petrick for their presentations. Feel the Town of Highland Beach have given them a proper forum to be heard, and feel they have been treated properly and with respect. Contrary to the despicable treatment Dr. Sugerman and I received when we spoke before the County Commission. I now declare this public hearing closed. Town Mana eg r Su e~ -The next step is for the Commission to deliberate and make a determination. You have three choices: approve; deny; approve with conditions. Today was the third of three hearings: Rebuttal, response and resubmission of the application. The resubmission came on two different dates -December 17t1i and December 29d' as a result of the archaeological review. We have only had five business days since the final submission which had a number of significant modifications. Our professional staff has not had enough • time to review and weigh in with their comments. A "Memorandum of Understanding" between the parties was discussed. We have had a lot of discussion but nothing has been put in writing. All being said, the deadline for the next agenda is January 16d'. I respectfully request that the Commission recess this item until the March meeting in order to give staff time to respond. Mayor Newill - Is the Commission receptive? Consensus -Yes. Attorney Amy Petrick -County does not have any objection to the recess to March. But feel a memorandum of agreement is entirely inappropriate. The County wants to continue to co- operate, but feel an agreement would prevent the county from using their own land is inappropriate. MOTION: Vice Mayor Zwick moved to recess the Special Exception Application of Palm Beach County until the March 3rd Meeting; seconded by Commissioner Sorrelli. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Commissioner Pagliaro - Yes Mayor Newill - Yes Motion passes with a 5-0 vote. Town Commission Minutes January 6, 2009 Page 15 of 16 7. MISCELLANEOUS -ITEMS LEFT OVER MOTION: Vice Mayor Zwick moved to approve the minutes of November 25, 2008; December 2, 2008 and December 5, 2008; seconded by Commissioner Trinlev. Approved by a unanimous voice vote. 8. REPORTS -TOWN COMMISSION Commissioner Pa liaro -1) With the influx of visitors at this time of year, concerned about cars not stopping in the crosswalks. Can we ask the new Chief to address the problem and make a "Plan of Action?" Mayor Newill -Crosswalks, speeding and passing on the right all need to be addressed. Town Manager can you convey the message to the Chief? 2) It has been four months since a motion was made that the Town Attorney draft an ordinance on the obstructions on AlA. Will an ordinance be forthcoming? Attorney Sliney - I will present an ordinance at the January Workshop. Commissioner Sorrelli - No Report. Commissioner Trinlev -What has happened to the "False Alarm Policy?" Town Manager Su e~ -The new Chief will be working on this. Vice Mayor Zwick - No Report. Mayor Newill -The next "Coffee with the Mayor" is scheduled for January 26~', and everyone is invited. 9. REPORTS -TOWN ATTORNEY No report. 10. REPORTS -TOWN MANAGER I am a Credentialed Manager with the International City Managers Association. I not only subscribe to the ICMA Code of Ethics, they also patrol their members. At this meeting two citizens publicly accused me of being unethical. The need for a formal inquiry is up to the Commission. 11. CONSENT AGENDA • None • Town Commission Minutes January 6, 2009. Page 16 of 16 12) PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Jack Hal earn - 4511 S. Ocean Blvd. Even thought two members of the Code Enforcement Board have resigned, the hearing on the code violation must continue. My intention is to talk to the Town Clerk about sending out a notice to set a meeting date. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 5:00 P.M. upon a MOTION by Commissioner Sorrelli and seconded by Commissioner Pa lig aro. APPROVE: Jim N ill, CPA, Mayor _,~ ~,,~ , ~~: ~~ ~ Miriam S. Zwick, ce Mayor ,/ ) i ATTEST: Beverly M. rown, MMC Town Clerk Date