1989.02.21_TC_Minutes_Special.% `e .
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
PUBLIC HEARING
Tuesday, February 21, 1989 5:(~1 P.M.
The advertised Public Hearing of the Town Commission of the Town of
Highland Beach, Florida, was called to order by Mayor Betty Jean Stewart
at 5:f~1 P.M. in the Commission Chambers at Town Hall. Others present
were Vice Mayor John J. Basso, Commissioners Robert F. Scholz, Doris R.
Rome and Marvin A. Waldman.
Others in attendance were Town Attorney David K. Friedman, Town Manager
Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and members of the
general public.
Mayor Stewart noted that the Town Commission, at this time, will hear
any public comments with regard to the following:
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
THE ZONING CODE OF THE TOWN OF HIGHLAND BEACH, CHAPTER 3~l,
CODE OF ORDINANCES, BY AMENDING SECTION 5, SUPPLEMENTARY
DISTRICT REGULATION, BY ADDING AN ADDITIONAL SUPPLEMENTARY
DISTRICT REGULATION; PROVIDING FOR OPEN SPACE AND RECREATIONAL
LAND DEDICATION; REQUIRING THE DEDICATION OF OPEN SPACE AND
RECREATIONAL LAND, OR THE MAKING OF "IN LIEU" PAYMENTS BY THE
DEVELOPERS OF MULTIPLE FAMILY UNITS AND SINGLE FAMILY UNITS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Mr. Philip Colman, Highland Beach resident/developer, addressed the Town
Commission, noted that he commented on this ordinance at a Planning
Board Meeting a short while ago, and is now questioning the decision
made by the Town Commission to change the effective date of this
ordinance. Mr. Colman stated that the earlier version of the ordinance
had a cut off date of 7/26/88 (anyone with site plan approval prior to
7/26/88 would not be affected by this ordinance).
Mr. Colman noted that his second question deals with the wording in
section G which speaks of "substantially benefiting residents of new
developments". Mr. Colman asked how the Town intends to implement what-
ever they are going to do so that it does "substantially benefit resi-
dents of new developments". Continuing, Mr. Colman stated these are
questions that deserve some answers from the attorney as well as the
Town Commission.
Attorney Friedman responded that he can not predict how the Town will
implement the ordinance if it is adopted; that's a legislative decision
as to what manner the Town would like to create recreational facilities
or acquire land - it's not a legal question. As far as the 7/26/88
date, Attorney Friedman advised that he was not at the meeting at which
the ordinance was adopted therefore he has no knowledge of how that
original 7/26/88 date was changed nor the rational behind the change.
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• Town Commission Public Hearing Meeting
February 21, 1989
Page 2 of 3
At Commissioner Waldman's suggestion, the Town Commission agreed to
study this matter and respond to Mr. Colman's inquiry in the near
future.
Mr. Colman reiterated his question with regard to how the Town Commis-
sion intends to enforce the statement which says "substantially benefit
residents of new developments". Continuing, Mr. Colman noted that he
paid his dues, he made his payments and now he wants to know what he is
going to get for his money; is it going to substantially benefit the
residents of Highland Beach or is it going to substantially benefit the
residents of new developments?
Attorney Friedman stated what he thinks the case laws try to say is that
if you have a new development in one section of Town and you concentrate
all your facilities on the other end of Town, an argument might be made
that it is not really substantially benefiting new development; the idea
being that when you pick a location for recreational facilities, you try
to pick a location as feasible to where the new development is as
opposed to where old development occurred.
Mayor Stewart noted that at this time the Commission does not know how
• the monies will be spent because there are all kinds of ideas; certainly
new residents may even have ideas as to how recreational monies, as they
accumulate, will be put into the pot. Some people would like a new
walking path that would benefit the entire Town. The Mayor further
noted that Mr. Colman could have set aside open space rather than donate
funds.
Attorney Friedman noted that he thinks Mr. Colman is questioning how we
will implement it; are we going to have a citizens committee, are we
going to have some subsequent Town Commission meetings where we are
going to look into it, are we going to start getting proposals? That is
something that we have to think about and it is something that needs to
be studied.
The Mayor advised that the Town Commission will probably look to what
possible recreation facilities would best serve the residents; the Town
Commission will have to prioritize because there are different people
who have pet projects at this time who would like to do one thing versus
another. The Town Commission will make a decision somewhere down the
road to start to utilize the funds when they're sizeable enough to make
it worthwhile.
At this point, Mayor Stewart asked if there was anyone else who would
like to comment. No one stepped forward.
Mayor Stewart noted receipt of a letter from Attorney Sliney which
• included a copy of Attorney Eisen's letter with enclosures and a new
Release Agreement in connection with Ince & Hertel/Atwell's acquisition
of the Camelot Plat. The Mayor was asking if the Town Commission would
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Town Commission Public Hearing Minutes
February 21, 1989
Page 3 of 3
want to review this matter at the February 28, 1989 Workshop Meeting or
if the Town Commission would authorize the Mayor to sign the new Release
Agreement which is to be returned to Attorney Eisen. It was the
consensus of the Town Commission that this matter should be reviewed by
the Town Attorney and same will be placed on the agenda for the Workshop
Meeting of the Town Commission on February 28, 1989.
Upon proper MOTION by VICE MAYOR BASSO/COMMISSIONER WALDMAN, Mayor
Stewart adjourned that advertised Public Hearing of the Town Commission
at 5:28 P.M.
APPROVED : ;>~~7~~_~~-~
Bet y~~Jean Stewart, Mayor
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J hn .Basso, Vice Mayor
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ATTES
Date:
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Ro ert ~. Scholz , ~mmi~sioner
Doris R. R me, ommis Toner
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ruin A. Waldman, Commissioner