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2010.05.20_BSAB_Minutes_Special'~ 16 H t A ~~~~ '~ •''~~~ •~o'b TOWN OF HIGHLAND BEACH :. •• W..~~u ' ~~ • ~~ ~' ~. °u ~_.' MINUTES OF THE ~- '• •~ BEACHES & SHORES ADVISORY BOARD 1,~~ flOflldts' ~N~"~"~' SPECIAL MEETING Thursday, May 20, 2010 9:30 AM Members Present: Chairman Rosalind Svenstrup; Vice Chair Joel Ignatin; Member Linda Albertson; and Member Susan Hiles. Absent: Member Barbara Zeeman (excused). Also Attending: Town Manager Dale Sugerman, Town Clerk Beverly Brown and members of the public. 1. CALL TO ORDER: Chairman Svenstrup called the Special Meeting to order at 9:30 AM. Roll Call was taken by Town Clerk Brown, followed by the Pledge of Allegiance. 2. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: MOTION: Vice Chair Ignatin moved to accept the agenda as presented. Motion passed with all in favor. • 3. PUBLIC COMMENTS AND REQUESTS: None. 4. PRESENTATIONS: • Presentation By: Dr. Henry "Hank" Fishkind, Fishkind & Associates, Inc. - Assessment Methodology Report Highland Beach Cleaning Program Town Manager Su eg rman - Dr. Fishkind is on his way from central Florida. Ed Dion from the Law Firm of Nabors, Giblin & Nickerson, P.A. is present. The Board has a copy of the Assessment Methodology Report on the Highland Beach Beach Cleaning Program dated May 12, 2010. The report begins by explaining the requirements to hold a valid special assessment. The Beaches and Shores Advisory Board recommended that the Town Commission adopt a standard of cleanliness for the beaches. A standard of cleanliness has been set and established by the Beaches and Shores Advisory Board and adopted by the Town Commission. The entire beach, except for about 182-feet, is privately owned beach, so the Town has no way to ensure beach cleanliness except through the code enforcement process. The Town could inspect private property under the provisions of our code; however, there is a high tide twice a day on the beach, so debris is floating on and off shore twice a day. Literally, the Town would have to do • code enforcement twice a day to enforce the beach cleanliness standard. The alternative was to form a Town wide district that would be responsible for cleaning the beach. This Town wide district would be made up of all of the property owners in Town and would Beaches & Shores Advisory Board May 20, 2010 Page 2 of 7 be established if a majority of the property owners wanted it established. An annual • budget would be established for cleaning and maintaining the beach and dividing that annual budget amongst each of the property owners; everyone would pay their proportional share. The beach cleaning district would contract for beach cleaning service and then assess everybody. In order to do that, the registered voters of Highland Beach would have to impose on themselves a taxing district that would do that. Before the voters can approve the creation of a taxing district, you need to establish a methodology for how each parcel would be assessed. Some of the parcels in Highland Beach are on the beach and the others are off the beach. Immediate and direct access has different availability to property owners. In Highland Beach, everyone has direct or indirect access to the beach no matter where you live. The report establishes the assessment methodology for the creation of a Highland Beach Beach Cleaning Program. There are certain requirements under law that determine a valid special assessment 1) the property being assessed under the special taxing district must be receiving a special benefit and 2) their needs to be fair and equitable apportionment. The budget for the clean-up program is divided into two-parts the base rate and the category rate. Everyone will pay a base rate, but those oceanfront property owners will pay the category rate in addition to the base rate allocation. Chairman Svenstrun -How are they dealing with the number of units in the hotel? Is the hotel going to pay more? Town Mana e~ e~ -Confirmed with Dr. Fishkind's staff that each room at the hotel is treated as asingle-family; there are 200 rooms. • Wharton Berger, Fishkind & Associates, Inc. -Town Manager Sugerman did an outstanding job presenting all of the issues and did that in a very professional manner. Condominium buildings that are not on the beach that have a facility on the beach are assessed in the category rate. Chairman Svenstrun -There are condominiums that have the beach club on the beach. Would all of the units be considered ocean fronting and taxed in both categories? Mr. Berger -Yes. Chairman Svenstrup -What if you have a deeded easement from an ocean fronting condominium? Mr. Berger -Those were excluded. Vice Chair I ng atin -How is the accuracy going to be verified for each of these parcels? Mr. Berger -This is preliminary. Once we go forward, we will get a final listing and verify with Palm Beach County. Vice Chair I ng atin -You took the total value of all the properties in Highland Beach and took 50% of that value and then used $150,000.00 as the model, so you developed a figure of something like $73.44 per million of value out of the base category? Mr. Berger - The calculation was simpler than that. We looked at all of the values in the community and they totaled to about two million dollars. Each property as a proportion of that value will take 50% of the cost then allocated. Vice Chair I ng atin - My calculations from your figures it would be approximately $3.45 for front footage, it would be approximately . $53.24 per 1,000,000 of beach frontage value, and it would be approximately $17.05 per Beaches & Shores Advisory Board May 20, 2010 Page 3 of 7 1,000 square feet of the building site on the ocean. Would that be correct? Mr. Berger - • That will need to be confirmed. Vice Chair I natin -Assuming that the total amount projected is $300,000.00, if there is a surplus, does it reduce the amount the next year? Town Mana eg_ r Superman - We have engaged a firm that does municipal economic analysis for purposes of helping communities determine an assessment methodology for setting up a special taxing district. This report is not suggesting what the assessment should be; what the total budget will be and it is not suggesting what the individual unit cost will be if this special taxing district is established. This is a methodology for assessing your community. The Town Commission's endorsement is needed to place this item on the ballot. Vice Chair I natin - If we approve this methodology, what is the period to complete your work and present to the Commission? Assuming the Commission approves the methodology; would the report go to the attorney to be created into an ordinance to be placed on the ballot? Town Mana eg r Su eg rman -There will be no further work on the report before it goes to the Town Commission. If you endorse this methodology with a recommendation to the Town Commission then it will go before them quickly. This presentation will be made to the Town Commission and they will decide if they want to place the item on the ballot. Mr. Dion's firm will create the ordinance. • Chairman Svenstrun -There are three beach clubs on the ocean and they represent a good number of our community. It might be an obstacle because they may not feel that they should be assessed the same as a unit directly on the ocean enjoying the benefit of the beach 24 hours a day, seven days a week. Vice Chair I atin - If you are taking the methodology and you are approving the methodology, there is only so much value for the frontage and the beachfront. Mr. Berger -Imagine one of the beach clubs has 50 feet. The value they are being assessed is the value of the condominium unit. Chairman Svenstrun -Thought you were placing each unit of Toscana or Coronado or Boca Highlands as oceanfront. Town Mana e~ r Su eg_rman - 3701 S. Ocean Blvd. is the beach club of Toscana which consists of two units and the common area will be assessed the base rate and the category rate. 3700 S. Ocean Blvd. (on the Intracoastal side) will only be assessed the base rate. Town Mana eg r Su erman -Will the Board want the item placed on the November 2010, March 2011, or November 2011 ballot? Chairman Svenstrup -Would it not be up to the Commission to decide when the item will be placed on the ballot? Town Manager Superman - It is the Town Commission's decision; however, as the advisory board would you not want to have input with the Town Commission by giving advice? Attorney Ed Dion - If the item is to be placed on the November 2010 ballot, action needs to be taken by August. • Announcement -Two (2) vacancies on the Beaches & Shores Advisory Board • Chair Svenstrup announced that there are two board vacancies. Beaches & Shores Advisory Board May 20, 2010 Page 4 of 7 • 5. APPROVAL OF MINUTES: • February 9, 2010 -Regular • March 23, 2010 -Workshop MOTION: Vice Chair I ng atin moved to approve the minutes of the February 9, 2010, Regular Meeting and the March 23, 2010, Workshop Meeting; seconded by Member Hiles. Motion passed with all in favor. 6.OLD BUSINESS: A. Highland Beach Turtle Talk and Walk Day Chairman Svenstrup announced that we do not have any information on this at this time, so the item will be tabled until the next meeting. 7. NEW BUSINESS: A. Consideration of Recommendation to the Town Commission for the Formation of a Beach Cleaning Program Chairman Svenstrup asked for a motion to consider a recommendation to the Town • Commission for the formation of a beach cleaning program MOTION made by Vice Chair I ng atin with modifications of the report indicating what we were discussing just a few moments ago; seconded by Member Albertson. Motion passed with all in favor. Member Albertson -Are all 200 rooms to be viewed as oceanfront individual units? Chairman Svenstrup -Yes. Town Mana eg r Su e~ - Do you think it is necessary to bring back the revised spreadsheet of the application of the assessment methodology based on an assumed budget of $300,000.00 to another board meeting, or if you buy the concept of the methodology, move forward to the Town Commission with the revisions? Chairman Svenstrup -Comfortable with the way it is set up. Vice Chair I atin - Do not think a second presentation is necessary. Roll Call: Member Hiles -Yes Vice Chair Ignatin -Yes Member Albertson -Yes Chair Svenstrup -Yes Motion carried 4/0. • Beaches & Shores Advisory Board May 20, 2010 Page 5 of 7 • 8. REPORTS: A. Mangrove Project -Member Albertson had no report. Vice Chair I ng atin - Mr. Vare told us at the workshop meeting that the Mangrove Project is based on funding, which the county has to provide. We have no opportunity to make an impact until the county provides funding. I suggest tabling this item. Member Albertson -Suggest improving the areas along the sidewalks. Vice Chair Ig atin - It is private property. Chairman Svenstrup - I heard his presentation a year ago and nothing has been done. Member Albertson -Are we going to drop that project? Vice Chair Ignatin - No, table it as opposed to dropping it. Chairman Svenstrup -Can we send a letter to Mr. Vare? Vice Chair Ignatin - He needs to get the permits first. Member Albertson - He has not started the project. Vice Chair Ignatin -Until he has received financing, it is a moot point. B. Municipal Special Taz Unit No report. • C. Wave Height Restriction Vice Chair I ng atin -Reported that there is a new law effective January 1St. A license is required for those that have a powerboat with ten horsepower or more and born after January 1, 1988. There are exceptions and exemptions. Not sure how much impact we will have to reduce the wave height. Chair Svenstrup -Water ski boats do not create more than an 18-inch wave height. The large cabin cruisers create a destructive dangerous wake. Do not know how we can move forward with this issue. Vice Chair Ignatin - It is like the mangrove project. The only restrictions are going to be 300-feet on either side of the Linton Blvd. Bridge and the Spanish River Blvd. Bridge, which does not account for anything in Highland Beach. Chair Svenstrun -Satisfied with the 25 miles per hour speed limit but the speed limit is not enforced. The wave height is creating the damage. Vice Chair I ng atin - A complaint needs to be filed with the police department; they will file an official report. Member Hiles -Are the Florida Fish and Wildlife Commission concerned about the destruction of mangroves? Vice Chair I ng atin -Yes, they are concerned if you can prove the wave height is affecting and damaging the mangroves. Mr. Vare reported that there has been an 80-foot recession of the mangroves. To protect the mangroves there is a 50- foot idle speed. The Palm Beach County Deepwater Horizon Taskforce had the initial meeting on May 17th. Should tar flow up through the Intracoastal, the Deepwater • • Beaches & Shores Advisory Board May 20, 2010 Page 6 of 7 Horizon Taskforce will affectively boom the mangrove sections near the sanctuary marina and the mangroves on the east coast of Highland Beach. Chairman Svenstruu asked Town Manager Dale Sugerman to speak on Deepwater Horizon issue. Offered the assistance of the Board. Town Mana eg_r Su eg rman -Both Zoie and I sit on the Task Force for Palm Beach County. We are going to a zone 4 meeting this afternoon with Boca Raton. Reported on the following: 1.) all efforts are to be coordinated through the Palm Beach County Emergency Operations Center (EOC) using the Incident Command System (ICS). As we speak, all advanced warning points are being activated. Once the event gets rolling, there may be daily conference calls. Highland Beach is taking directions from PBC EOC. At sometime, we will need volunteers, which will be coordinated through ICS. Volunteers will need to be authorized to participate in any volunteer work. There are existing standards for responding to oil spills. PBC will use the standards including training and equipment. We are not ready for people to respond yet. In the next 7-10 days, we will figure out how we are going to respond. If you want to be a volunteer, we would like to know your name, address, phone number, and email. Contact Martha Pando at the Highland Beach Library. Member Hiles - I am a Sea Turtle volunteer and someone I worked with took a course online. Town Mana eg r Su eg_rman -There is a dispute whether the training by the Sea Turtle program will be recognized. If it is not proper training, FEMA may not reimburse funds. 9. REPORTS -BOARD MEMBERS: A. Member Linda Albertson - No report. B. Member Susan Hiles - No report. C. Member Barbara Zeeman -Absent. D. Vice Chair Joel I ngnatin - No report. E. Chair Rosalind Svenstrup - No report. 10. ADJOURNMENT- There being no further business to come before the Board, Chairman Svenstrup adjourned the meeting at 10:55 AM upon a MOTION by Member Hiles; and seconded by Member Albertson. • Beaches & Shores Advisory Board May 20, 2010 Page 7 of 7 • ATTESTED: APPROVED: Rosalind Svenstrup hair, Absent Barbara Zeeman, Member Vacancy Vacancy ~- Valerie Oakes Deputy Town Clerk ~-- / Date: ~ ~~ / Susan Hiles, Member