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2009.04.27_TC_Minutes_Special TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING SPECIAL MEETING Monda ~~April 27, 2009 1:30 P.M. Mayor Jim Newill, CPA called the Workshop 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 minute of silence in • honor of members of the military, both living and deceased. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Agenda accepted as submitted. 2. PUBLIC CONIlVIENTS AND REQUESTS Mayor Newill recognized former Mayor Hagelmann and welcomed him back after his recent surgery. Mike Ferrara -Boca Highlands Your staff and experts have submitted extensive information for your consideration. Yet the county has still left many areas of the project for future consideration. I seriously question whether the town or the county would permit a private developer to receive an approval with this many open items. It is clearly not in the interest of the town or its residents for this park to be constructed. Compatibility with adjacent areas will not be in harmony with the general purpose of the code. Recognizing this dilemma, I believe the Commission would be able to reject this application "without prejudice." (prepared statement on file) C. Town Commission Special Minutes Avri127.2009 Page 2 of 16 • Joseph Yucht -Boca Highlands I want to state emphatically, as a trial attorney, that I thought the manner in which the county presented its case was the pits. If the Town Commission was a court of law, and the county made the same presentation, the judge would throw out the case. Your decision will affect the Town and its residents in perpetuity. It will directly affect the residents of Boca Highlands more than any other community in the town. In the staff's new proposal of 42 conditions, not one of them offers the protection that Boca Highlands' residents requested. We all know that no one in Highland Beach wants a park on the Milani tract. We also know that no one in Highland Beach wants the kind of park that the county is proposing. Misstatements and more misstatements, which amounted to lies, were fed to us by the county. The county has presented evidence and testimony that has not met all the requirements of our ordinance for special exception. Vote "no" on the application. (prepared statement on file) 3. OLD BUSINESS: A) Continued from March 3, 2009 Meeting: RESOLUTION N0.09-004 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CONCERNING THE SPECIAL EXCEPTION APPLICATION OF PALM BEACH COUNTY FOR DEVELOPMENT OF MILANI PARK • Town Clerk Brown read the Resolution into the record. Mayor Newill requested that the Town Manager present an overview. Town Mana er Su erman Palm Beach County has submitted a request to the Town of Highland Beach to construct the Cam D. Milani Park on property owned by the County in the southern end of the community. Prior to the issuance of a permit to construct such a facility, the Town's Code of Ordinances must be reviewed to determine if the Zoning Code would even allow a public recreational facility on the property owned by the applicant. Section 30-67 of the Town Code answers that question. Section 30-67 says, in part: Sec. 30-67. Uses permitted, special exception, and prohibited uses. A) Uses permitted as special exceptions are indicated in Table 30-4 of the Code. Therefore, according to the Town Code, under Section 30-67, and in particular from Table 30-4, public recreational facilities are allowed in the GSD (Government Service District) with a special exception approval by the Town Commission, but they are prohibited in all other zoning districts of the Town. Even though public recreational facilities are allowed in the GSD, one must also follow the additional standard of item #9 from the notes section of the Code. Item #9 of Section 30-67, Table 30-4 says: Public recreation facilities. Public recreation facilities established as a principal use shall comply with 19 different requirements listed in the Code. I will not read them all, but just a few examples are: 9) Public recreation facilities. a. The facilities, structure, site, and all principle or accessory • uses shall be owned and operated by a public agency. b. The facility shall be approved as a special exception. c. Security lighting shall not spill over onto adjacent properties. d. To the Town Commission Special Minutes Apri127, 2009 Page 3 of 16 • maximum extent possible, existing native vegetation shall be retained on site. e. The use of dumpsters in the park for trash and debris is prohibited, unless otherwise permitted by the town commission. Recent Historical Submittals and Reviews On September 11, 2007, Palm Beach County submitted to the Town of Highland Beach a revised and updated application requesting approval of a special exception for the proposed Cam D. Milani Park. That application was reviewed by the Building Department, and included a specific analysis of the application under the provisions of Chapter 30-67, Table 30-4, Additional Standards, item (9) which I have already mentioned. On May 28, 2008, then Building Official Robert Dawson reported to the Planning Board his findings of the 19 items that are required under this section of the code as it applied to the special exception application. A copy of that May 28~', 2008 report and findings was previously provided to the Commission. The Town's Planning Board thereafter held a series of public hearings on the application (as called for in Section 30-36 (c) of the Code of Ordinances) and on June 19, 2008, provided the Town Commission with its report and recommendations, including a recommendation that 33 conditions be placed on the applicant as part of the Planning Board's recommendation of approval. Based upon the determination of the Planning Board and its outline of 33 conditions. of approval which it recommended be imposed on the project, Palm Beach County revised their ' application one more time and submitted a "consolidated package" to the Town on October • 16, 2008. Their consolidated package attempted to address many of the issues brought out during the Planning Board's public hearings. The County then requested that the Town Commission conduct its public hearing based upon the materials contained in the consolidated package of October 16`x`, rather than the original re-submitted application dated September 11, 2007. Based upon the "consolidated package" submittal of October 16, 2008, the Town Commission then held a series of public hearings on the Special Exception application. The first public hearing was held on November 4, 2008 and was continued on December 2, 2008 and January 6, 2009. The applicant was given an opportunity to present their "consolidated package" submittal (November 4, 2008). The Town, and its experts were able to question and challenge the applicant (December 2, 2008), and finally the applicant was allowed to rebut all previously entered testimony (January 6, 2009). At each step of the public hearing process, citizens were also given an opportunity to express their positions on the proposed application. Current Issue The current issue before the Town Commission is to take action on the Special Exception application. Since it has already been determined that a Special Exception approval is required under the Town Code (Section 30-67), there are just two items that need to be satisfied: 1) Has the applicant met the specific 19 requirements listed in Chapter 30-67, Table 30-4 Permitted Uses, Additional Standards, item 9 and 2) Following the advisory recommendation of the Planning Board, and after conducting its own set of public hearings, should the Town Commission approve, approve with conditions, or deny the applicant's request for Special Exception approval? Town Commission Special Minutes Anri127.2009 _ Pale 4 of 16 • Based upon all of the material submitted by the applicant, the review of the Special Exception application by the former Building Official, the public hearings conducted by the Planning Board, the consolidated package submitted by the applicant on October 16, 2008, the extensive public hearings conducted by the Town Commission during the months of November, December, and January, and after the analysis and review conducted by the Town's hired consultants and special counsel, it is my position that the applicant has met (or will be obligated to meet, via the granting of the Special Exception and a series of proposed conditions of approval) all 19 requirements of Chapter 30-67, Table 30-4, Permitted Uses, Additional Standards, item #9 of the Town Code; and further, that the Special Exception application should be approved. To that end, it is my recommendation that this Special Exception use should be approved with a total of 42 conditions which have previously been forwarded to the Town Commission. I might mention further, that over the course of the past 7 weeks, the Town's staff and the County's staff have worked on refining what was an original list of 59 recommended conditions of approval. Our work has resulted in a final draft list of 42 recommended conditions. Of those 42 final draft proposed conditions, I believe that the two staffs are in complete agreement on 36 conditions and want to focus on the remaining 6 that are in dispute, and therefore the Commission may want to hear from both the Town staff and the County staff. Of course, the Town Commission may want to go over each and every one of the 42 recommended conditions. That, of course, is your prerogative. In the end, the 42 recommended conditions (or whatever number of conditions the Commission ultimately decides upon) are important because they insure that the project will: • a) be consistent with the Town's Comprehensive Plan b) be consistent with all applicable requirements of the Code c) be consistent with the permitted and conditional use standards as provided for in Section 30-63 of the Code; and d) provide for the health, safety and welfare of the community. In my opinion a1142 recommended conditions of approval are an integral part for helping this applicant to develop a successful project. Please keep in mind that these 42 recommended conditions of approval are subject to final Town Commission approval. That is, they can be accepted as outlined, they can be rejected as outlined, or they can be modified from what has been proposed. The final language and number of conditions attached to the final Special Exception approval is in the sole purview of the Town Commission. It is important to understand that if the Town Commission grants the Special Exception use to the applicant, such action is not an approval to build the proposed park. Allow me to repeat that statement. Today's vote by the Town Commission is not an approval to issue a building permit to build the proposed park. Instead, a Special Exception approval is just the recognition that the County may use the land they own as a public park (as provided for under the Town Code). The approval to construct the park (based upon the issuance of a building permit) will not be granted until the County satisfies all 42 conditions (assuming that the Commission approves all recommended 42 conditions of approval as offered by the staff). I would be happy to answer any questions of the members of the Commission as we get started down this path, and if it is your desire, we can start the process of reviewing some • or all of the proposed draft conditions of approval. Before we get into the final review of the 42 proposed conditions of approval, you may want to hear from the Town Attorney, from our Town Commission Special Minutes Apri127 2009 Page 5 of 16 • special counsel and from the representatives of the applicant, all of whom are in attendance today. Mayor Newill -asked the County if they would like to present their own overview? Collene Walter -stated that the County will respond to the conditions as they are discussed. Mayor Newill -Does the Commission wish to discuss and review every condition? MOTION: Commissioner Trinlev moved that the Commission discuss only the six conditions (#5, #6, #10, #11, #13, and #14) recommended by the town staff that are unacceptable to the county; seconded by Commissioner Pa lg_iaro. Discussion: Vice Mayor Zwick - Do any of the issues concern the health, safety and welfare of the Boca Highland complex? Town Mana e~ eg_rman - The Boca Highlands complex is not referred to specifically. The drainage issue is addressed in condition #22 and the landscaping is addressed in #20. The drainage will be satisfied when the applicant gets a permit from the Army Corps of Engineers and Department of Environmental Protection. The wall is not addressed specifically other than condition #41, requiring the parking lot perimeter be surrounded by a wall. The staff chose not to address a concrete block wall. . Collene Walter -The County cannot accept a condition that requires a variance. The plans indicate that it will be a 6 foot high opaque vinyl fence with landscaping on both sides. If a concrete wall was installed, it would eliminate the landscaping and be a place for graffiti. Within 90 days the county will apply for permits to start the wall. Commissioner Trinlev -Audrey Wolfs' letter requests eliminating "Park" from the Park Management Plan in item #4g. Collene Walter -The application the Army Corps of Engineers refers to is a Management Plan, rather than a Park Management Plan. ROLL CALL: Commissioner Trinley - Yes Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Attorney S1ineX - Do we want to clarify that the Commission will only be discussing the conditions that the County has found to be contentious? Mana eg r Superman - If the Commission approves the special exception application, it is not authorizing a building permit. The building permit will not be issued until all the conditions are met, except with conditions #20 and #24. Condition #20 requires the county within 90 • days prepare a perimeter landscaping plan to be approved by the Town Commission. The Town Commission Special Minutes Apri127 2009 Pale 6 of 16 • landscaping plan, once approved, shall be installed within an additional 90 days. Item #24 refers to exotic vegetation and has the same time line requirement. Condition #5 Mana eg r Superman -The County has asked that the last sentence be changed to: "'The requirement of the demarcation fencing or railing shall not apply if appropriate state and/or federal regulatory authorities refuse to allow such a fence or railing." Collene Walter -The County does not want to agree with a condition that they cannot meet. The County is willing to install the signs, but if permits are not granted for the fencing, the County does not want to be in non-compliance of the condition. Attorney Sliney -The staff is trying to address the concerns of the neighbors. The signage is to defer beach goers from using private property on either side of the Milani Park beach area. Commissioner Pa lg iaro -This concern was expressed by numerous residents. The beaches in Highland Beach are private. The concern is that the signage will be totally inadequate and trespassers will become a problem on private property. It is very important that the property lines be delineated. Most of the nesting by the turtles are above the high water mark. The more signage we can install, the fewer problems that the county staff will have to address once the park is opened. • County Attorney Amy Petrick -The County is not objecting to the substance of the condition, but the fact that it is commanding a condition that is against the State of Florida regulations. You cannot command what the State of Florida prohibits.. If the State of Florida denies the application, are we relieved of the condition? Town Attorne~liney -The County has an obligation to apply. If in fact they are turned down, they can return to the Town. This condition is important to the residents in the area. Attorney Baird -The County has to make a good faith effort to comply with the conditions. If a fence barrier is important to Highland Beach, the state might look at it differently. If the state does not approve it, the County can return to the Town for a modification. MOTION: Commissioner Sorrelli moved to accept Condition #5 as proposed by the Town's Staff without any modifications; seconded by Vice Mayor Zwick. ROLL CALL: Commissioner Sorrelli - Yes Vice Mayor Zwick - Yes Commissioner Trinley - Yes Commissioner Pagliaro - Yes Mayor Newill - Yes • Motion passed with a 5-0 vote. Town Commission Special Minutes Apri127 2009 Page 7 of 16 Condition #6 Mana eg r Su eg rman -The County has requested that, "agreeable to the County and the Town;" and, "as required in #4b, above" be removed. The County wants to retain, without the Town's input, the selection of one or more Registered Professional Archaeologists. Collene Walter - We are not disputing working with the Town for the selection, rather than the way they are selected. This condition does not set any standards or qualification. I feel the selection would be made arbitrarily without standards. Our proposal requires them to meet the standards of the Registered Professional Archaeologists. Mana eg_ r Su eg rman -Town staff has no problem with the change, except removing "agreeable to the County and the Town." Attorney Petrick -The County has a present relationship with Bob Carr. To suggest that he not be allowed to work on this project, you are prohibiting someone to work for us that we already have a contract with. Attorney Sliney -The Town would like a level playing field. It would be an equal playing field if we could all agree. Mana eg r Su erman -Our intent is to level the playing field by selecting one or more Archaeologists. At least one of the two has to be agreeable to the Town. Attorney Petrick -The Counties position is that you have review powers and you have your own Archaeologists. MOTION: Vice Mayor Zwick moved to accept Condition #6 as proposed by the Town's Staff without any modifications; seconded by Commissioner Pa lg iaro. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Sorrelli - No Commissioner Trinley - Yes Mayor Newill - Yes Motion passed with a 4-1 vote. Condition #10 Mana e~ erman -The staff has recommended that the County apply for the designation on the National Register of Historic Places (NRHP) within one year of adoption of the Resolution. The County is requesting one year after the last issuance of the last certificate of • occupancy. Town Commission Special Minutes Apri127, 2009 Page 8 of 16 • Collene Walter -The County is experienced with this type of designation. We have found that we are best served if we wait until the end of the project before applying rather than when we are still going through the permit process with other agencies. Dr. Paul Jones - I do not have an objection when it is submitted. If the County does not build the park, then they would not apply. A fully received document would be addressed quickly by the NRHP. Attorney Sliney -See this as a valid point. This application might interfere with the permitting through other agencies. Audrey - It adds another layer to the process while we are trying to get the park built. I do not feel this condition is tied to the special application. MOTION: Commissioner Pagliaro moved to accept Condition #10 as proposed by the Town's Staff without any modifications; seconded by Commissioner Sorrelli. Discussion: Commissioner Trinley -Can we agree that timing is not of the essence? ROLL CALL: Commissioner Pagliaro - Yes • Commissioner Sorrelli - Commissioner Trinley - Yes No Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 4-1 vote. Manor Newill called a ten minute recess at 3:00 P.M. Meeting reconvened at 3:10 P.M. Condition #11 Manager Sugerman -Condition #11 reads: No clearing (except for hand removal of exotic vegetation) or ground disturbance shall occur on the East Parcel (Parcel "A"). The County has requested adding "south of the existing dirt trail" to the condition. Dr. Paul Jones -There are both intact deposits and human remains north of the trail. The entire area of the east parcel has a large deposit of impact. I do not know why there is any referral to ground disturbance as the only thing that can occur on the east parcel is hand clearing. Collene Walter -The ground disturbance is the concern, as all work will be accomplished • under an archaeological plan. Town Commission Special Minutes Apri127, 2009 Page 9 of 16 • MOTION: Vice Mayor Zwick moved to strike "or ground disturbance" from Condition #11; seconded by Commissioner Pa liaro. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Commissioner Sorrelli - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. Condition #13 Mana er Su erman -The County has suggested alternative language to be included with the Phase I Survey, but also eliminating wording that protects the significance of the site. Dr. Paul Jones -The reason the language regarding the Archeological Site was included, was in the response letter from Fred Gatsy of SHPO. He felt the wording was important to this site and its nomination to the National Register of Historical Places. Do not object to adding the County's wording, but the proposed wording is important to the sites significance and should not be deleted. • Mayor Newill - It disturbs me that we are going back and forth over conditions that should have been agreed on prior to this meeting. Collene Walter -The County does not have any objections to the wording, but it is not standard for the Florida Administrative Code to be cited in a Phase I Survey. MOTION: Vice Mayor Zwick moved to accept Condition #13 as proposed by the Town's Staff without any modifications; seconded by Commissioner Sorrelli. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. • Town Commission Special Minutes Apri127 2009 Page 10 of 16 • Condition #14 Manager Su eg_ rnian -The County has requested that we include "exercise reasonable effort" in the first sentence. Plus add another complete sentence: "Refusal to respond by any party does not constitute a violation of compliance with the condition." Mayor Newill -Who determines reasonable effort? Manager Sugerman - A Court of Law. Collene Walter -The counties preference is to delete this condition in its entirety. The State will not require a Memorandum of Agreement. We already have conditions that protect the historical resources. If the Town Commission does not agree to remove it, the county cannot force anyone to participate. The county is willing to work and reach out to all these entities to participate, but we cannot make them respond. We did not reject the Memorandum of Agreement, as we just received it last Monday. We need to sit down at the table and work through this proposal. Attorney Petrick - If you want us to reach out to the stake holders, we need a memo that is important to the stake holders. You are taking three steps forward and two back. Attorney Sliney - If it turns out to be impossible to accomplish the Memorandum of Agreement with all the stake holders, then the Commission can remove it. • MOTION: Commissioner Pa~liaro moved to accept Condition #14 as proposed by the Town's Staff without any modifications; seconded by Commissioner Sorrelli. ROLL CALL: Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Commissioner Trinley - No Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 4-1 vote. Vice Mayor Zwick -Early on in this process, we heard a number of comments about a retaining wall in the west end of the parking lot. When the original plans were submitted, they indicated an 8 foot concrete wall, but your plans indicate a 6 foot vinyl wall with plants on both sides. Do you have any objections to making this a concrete block wall? Attorney Petrick -You raise a good point. The County is willing to do anything to accommodate the neighbors as long as it does not require a variance. Vice Mayor Zwick - A 6 foot wall would not require a variance. Would the county be willing to install a 6 foot concrete fence rather than the vinyl? • Town Commission Special Minutes April 27, 2009 Page 11 of 16 • Audrey Wolf -Since that time, we met with representatives from the Boca Highlands community, and they agreed to the 6 foot vinyl fencing. Vice Mayor Zwick -Who did you meet with? Would you sit down and meet with the Boca Highlands Center Board? Mana er Su erman - We cannot let this whole process hang until the County meets with Boca Highlands Center Board to determine whether the perimeter fencing is either a 6 foot block wall or 6 foot vinyl fencing. Commissioner Trinlev -Condition #15 states that if the restroom and lifeguard building cannot be located within the foot print of remnants of the swimming pool and concrete deck, it will be relocated to the west parcel. Why would you put the restrooms and the lifeguard building on the west parcel? Audrey Wolf -Your staff recommended this condition and we just agreed to it. Commissioner Pa lg iaro -Let's go back to the wall. How many families are in Boca Highlands? Reply - 569. Do you know who agreed to this? We have to be concerned about the security and attractiveness of the wall. Also concerned about our residents who spoke the loudest and who it affects the most. • Mayor Newill - At this point in the game, it is a little too late to go back and change the structure of the fence. Attorney - We have 42 conditions. If the Commission wants to make an additional condition, they can do so. MOTION: Vice Mayor Zwick moved to add Condition #43 -The County is to change the plans on the western perimeter of Parcel B to include a 6 foot concrete wall with plantings on both sides: Commissioner Pa lg iaro seconded the motion. Tlicrnecinn Commissioner Trinlev -Did Ms. Wolf say something about the timing being off? Audrey Wolf - The proposal for the wall over two years ago was never for plantings on both sides of the wall. The time to revise the plans will interfere with other conditions. We do not know if there will be a problem with maintenance easements, etc. Mayor Newill - We do not know what the governing body of Boca Highlands has agreed to. I hear the County saying the timing is not acceptable. Commissioner Pa lg_iaro -The County has owned the property for twenty years. I cannot • believe changing the wall is untimely. Town Commission Special Minutes Apri127 2009 Page 12 of 16 • Audrey Wolf - We do not object to the wall. We have brought multiple plans indicating what type of wall was going to be installed. This condition will be inconsistent with Condition #20 and will require additional engineering time. Mayor Newill - If we are adding another condition, I would like to hear from the legal staff. Attorney Sliney - It is already stated that we could add additional conditions. Attorne~Baird - I also concur with Attorney Sliney. If you include this condition, you will have to make allowances for additional engineering time and modify conditions that are time sensitive. Attorney Sliney -The issue of the wall has been a major issue from the beginning. Attorney Petrick - If you are adding the wall as a condition, who will the County be talking to? Amendment to the Motion -Vice Mayor Zwick moved to amend the motion to correct time specific in Conditions #20 and #24 from 90 days to 180 days; the 6 foot wall only affects the western parcel of Parcel B; it does not affect the east parcel or southern parcel of said property; seconded by Commissioner Pa lg iaro. • ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Commissioner Trinley - No Mayor Newill - Yes Motion and amendment passed with a 4-1 vote. Collene Walter -For clarification, did the Vice Mayor mean a concrete panel wall rather than a concrete bock wall? Vice Mavor Zwick -That is correct. Mana eg r Su e~ -The comments from the Building Official during the Planning Board phase of this special exception process stated: "The applicant has proposed a six foot masonry wall within atwenty-five foot landscape buffer, abutting the property owners to the south. The proposed six-foot wall will run parallel and five feet to the north of an existing eight foot wood fence. The applicant needs to clarify if this is their intended plan." The county has not responded to these comments to date. Mavor Newill -Does the Commission have any further conditions? Town Commission Special Minutes Apri127 2009 Page 13 of 16 • Commissioner Sorrelli -Have you met with the new County Commissioner for this area to discuss what is going on with the park? AttorneYPetrick - No. Mana eg r Su eg rman -Condition #43 affects the time schedule in Condition #20 and #24. The County will have to let us know for the record, can they now meet these two conditions? Collene Walter -There will be a fair amount of engineering and planning needed to accomplish condition #43. I would ask that the time table in conditions #20 and #24 be changed to 180 days. Attorney Petrick -For the record, the County is against condition #43. Audrey Wolf - I do not want to make a commitment to any time. We need to meet with Boca Highlands Center Board to discuss landscaping. I am uncertain if 180 days will be sufficient. Mayor Newill -Does the staff have a problem with changing conditions #20 and #24 to 180 days? R~ - No. MOTION: Commissioner Sorrelli moved to change Conditions #20 and #24 to 180 days; seconded by Commissioner Pa lg iaro. • ROLL CALL: Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. Collene Walter -Condition #20 also needs to be amended to include Condition #43. MOTION: Vice Mayor Zwick moved to amend Condition #20 to include condition #43; Seconded by Commissioner Sorrelli. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - No Mayor Newill - Yes • Motion passed with a 5-0 vote. Town Commission Special Minutes April 27 2009 Page 14 of 16 • MOTION: Vice Mayor Zwick moved to adopt Resolution No. 09-004 R with 43 conditions as outlined concerning the Special Exception Application of Palm Beach County for development of Milani Park; seconded by Commissioner Pa 1~ iaro. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Commissioner Trinley - No Mayor Newill - Yes Motion passed with a 4-1 vote. Commissioner Trinley - I'm curious as to why, when these parcels were first offered for sale, that the members of the then county commission would accept such an offer with by-owner "strings attached." I can only assume that the price at that time was so inviting as to allow that Commission to be influenced by the agenda of a single resident/owner. Ihave to guess that for whatever reason, it was an "offer they couldn't refuse." I would also guess that any savings realized by the county from that purchase have long been dissipated by a couple of decades of various ongoing litigations. I have listened carefully to Staff and various experts who have led this Town Commission through the myriad of complexities concerning both east and west parcels with knowledge and professionalism. Likewise, the county staff has • also been proficient and professional in presenting their viewpoint. After much introspection, some of my thoughts and/or opinions on the project are as follows: 1) safety -the downhill lay of the land in that area from south to north makes crossing AlA from either direction east to west and west to east, quite dangerous and would impose inherent risks regardless of whatever form of vehicular warning was installed. Also, I trust it would be safe to say that traffic on AlA including that area which impacts the vicinity of the proposed park has increased in the last 20 years or so since the project was first considered. On the east parcel, besides the lack of a broad beach to accommodate a goodly number of park goers, the likelihood of bathers unintentionally tangling with fishing lines from Yamato Rock is also a risk to be considered. 2) Although it's been given a great deal of attention, there appears to be little or no Indian tribal interest regarding archeological artifacts found on the east parcel. Their silence is deafening. 3) I made a phone call on April 20 to the PBC Planning Division/Population Statistics. The party I spoke with confirmed that there had been a population decline in the county in the year 2008. Also, on April 23, a PB Post article by editorial writer, Joel Engelhardt, was printed. It was titled "The Population Battle." The following are some excerpts from that piece. "In the blink of an eye, the demographers this month eliminated 200,000 people in Palm Beach County. They projected that the county would have exactly 194,700 fewer residents in 2035 than they projected just last year. In fact, the state's official people counters expect that Palm Beach County will follow its first negative growth year in decades, a loss of 4,379 people, with further declines through 2010. The county's 2010 population projection is expected to be 70,000 fewer residents than predicted just two years ago. The updated projection for 2025 is down 16 percent in Palm • Beach County, 13.5 percent in Martin and 8 percent in St. Lucie. The figures from the University of Florida's Bureau of Economic and Business Research are the official state Town Commission Special Minutes Anri127. 2009 ____ Page 15 of 16 • population projections used to divvy up state revenue. Declines like this haven't been seen since the 1940's." It would appear that this information, coupled with these bleak economic times, would make the need for another county park highly questionable. 4) The Town's Comprehensive Plan, even as it speaks to a recreation element, is, as has been argued, still but a plan, and plans aren't always implemented. 5) At this point I would like to note some personal information. I have been a resident of this wonderful Town of Highland Beach for 26 years, arriving in 1983. From July 1988 thru January 2007, I had the good fortune to be employed by the Town, serving in various administrative positions. In March 2007, I again had the good fortune to continue service as a member of the Town Commission, entrusted to serve the best interests of my fellow residents. The importance of including this personal information stems from the fact that I live here and I serve here and with the exception of my fellow commissioners, all others involved do not. So, based on all the information presented, with kudos to Town and County staffs, as well as to all experts for the time and talent they have contributed to this effort, it is my considered opinion that the concept of a "Milani Park" was ill-advised from the very start. Its construction would not be in the best interests of my fellow residents. Granting the County a Special Exception, even with conditions, I feel would be akin to the old "foot in the door" routine and the rest as is said, would most likely be history. Therefore, in all good conscience, I voted, "no." Manor Newill - I would like to thank the staff for their hard work. There were no winners and no losers. 4. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Jason Finkle -Boca Highlands I am first vice president of the Boca Highland Center Board. I would like to congratulate the Commission for finally resolving the issues. I was at a meeting with former Commissioner McCarty along with a group of the officers. The original plans indicated a masonry wall. At this meeting with Commissioner McCarty, she called Ms. Wolf who told her that the masonry wall was not feasible. We did not agree to it. It was told to us as a statement. Your decision to insist on the wall will be favorable to the residents of Boca Highlands. Joe Yucht -Boca Highlands I am a little upset with the way the Commission reviewed this problem with Milani Park today. You approved the condition, then decided if you wanted to approve the park. I thought the Commission had more concerns about the turtles and archaeologist than the residents. The County originally had a variance for an eight foot masonry wall. I sat in a meeting with Commission McCarty and she had agreed to it. She also stated that the County would reimburse Boca Highlands for their legal fees. Now you are making the Building Official the person who makes the decision. I do not know why they need any additional time. Max Angel -Villa Magna We are putting the cart before the horse. A vote should have been taken by the residents to see if they wanted a park. Town Commission Special Minutes April 27, 2009 Page 16 of 16 Mike Ferrara -Boca Highlands I wanted to thank Commissioner Trinley for her statement. Reject without prejudice. Former County Commissioner insisted on building a park. Have written proposals and submitted them to the County Commission on various ways to not build a park but still allow naming of the area for Mr. Milani. Unknown -Commend Commissioner Trinley for her eloquent words. Beverly Knlght - 4023 S. Ocean Blvd. Thank you Commissioner Trinley for your vote. I thought I was the last hold-out thinking that the park would never be built. I believe the Indian spirits will take over. There is still a lot of work to do before these plans can go forward. 5. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Special Meeting at 4:45 P.M. upon a MOTION by Commissioner Sorrelli; seconded by Commissioner Pa lg iaro. • APPROVE: Jim New' ,CPA, Mayor _ A TTEST: Beverly M. rown, M C, Town Clerk Date: ~ John J. Sorrelli, Commissisnle~ .__~`~ ' ~ John agliaro, mm~ssiorie '~,