2008.05.14_PB_Minutes_Regular• TOWN OF HIGHLAND BEACH
PLANNING BOARD
PUBLIC HEARING
MAY 14.2008 9:40 a.m.
Chairman Louis P. Stern called the Public Hearing to order at 9:40 a.m. In attendance
were Chairman Stern, Members Patricia Pembroke, Marie Marchesani, Kurt Kalberer,
Joseph Yucht and Max Angel and Vice Chair Ken Tapman. Also in attendance were
Town Attorney Thomas Sliney, Building Official Bob Dawson, and members of the
general public.
Chairman Stern noted that this was a Public Hearing to address the following application:
CONSIDERATION OF PALM BEACH COUNTY'S APPLICATION FOR
DEVELOPMENT OF A BEACH ACCESS PARK, TO INCLUDE
ELEVATED BOARDWALK, EDUCATIONAL/INTERPRETIVE
SIGNAGE AND 100 PARKIl~TG SPACES.
PROPERTY LOCATION: 4715 S. OCEAN BLVD.
APPLICANT: AUDREY WOLF, DIRECTOR, FD&O, PALM BEACH
COUNTY BOARD OF COUNTY COMMISSIONERS.
Chairman Stern thanked the Planning Board members for the time they have taken to
• read through the amount of materials that have been supplied to them over the past 4-5
months. He also thanked the Town Staff for their promptness with reports and overall
interaction with the Board. He also thanked Audrey Wolf and her staff for all of their
prompt responses. He also thanked the citizens for their attendance today and that they
will have time offer their comments.
Mr. Stern noted that the Board has 22 items the Board was taking into consideration,
which are as follows:
1. Hold harmless clause.
2. Create a turning lane for both N and S.
3. Create minimum 4 car back up lane
4. No commercial vehicles -only standard cars and SUV's
5. Need to create other than the proposed crosswalk, a tunnel.
6. Construction of a masonry wall, not a chain link fence
7. Maintain entire east and west sides indefinitely
8. Maintain security patrols after hours, up to midnight, 7 nights a week.
9. Remove any vehicles in lot after closing time by use of a towing service.
10. No pets permitted on either parcel
11. Mangroves will maintain mangroves.
12. Life guards and other county personnel will maintain the public from roaming
onto other beaches.
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• Planning Board
May 14, 2008 Page 2 of 5
13. Reimburse HB for any and all add costs for fire, police, emergency vehicles and
any other related medical expenses.
14. No commercial retail of any type, including a concession stand.
15. County charge of $4day/$6 weekend not acceptable and should be same as Span
River - $16 day.
16. Parking lot staffed by attendant at all time, dawn to dusk.
17. Maintain entire parcel, west and east in perpetuity.
18. Parking lot to be surrounded by walls, fences, locked gates, to protect Boca
Highlands.
19. Requested, but not received, a response from the Tribal Historic Preservation.
20. Park to be used as a Historical, archeological park.
See a museum on East side displaying artifacts, history of the Indians and
Japanese farmers.
21. Beaches be used for fishing and snorkeling, but not at the same time as the
bathers. If beach is used for bathing, must have two lifeguards at all times
And emergency first aid equipment at hand.
22. Agreement with the county that they comply with Town code, 30-12.
A more detailed list attached hereto and made a part of these minutes.
• Things that will be talked about today: Building on east side; parking spaces, possibly
less than 100; discuss a kiosk to be constructed for the historical nature of the park; see
some of the signage that the county will place along the boardwalks; clarify which part of
the parking lot is going to be pavers, and which will be asphalt; discuss preservation of
the sea turtles and lighting; do we really need a 2,000 sq.ft. Pavilion on East side.
Two handouts today: 1) 30-36, from Town Code which explains what special exceptions
are of which the county needed to fulfill 19 or so items. Mr. Dawson has said that the
county has, to this date, met all the requirements. 2) A handout of the Town's
comprehensive plan.
Mr. Stern asked Attorney Sliney to explain the role of the Planning Board, as an agency
of the Town, will make a recommendation to the Town Commisiion on this matter. The
Town Commission has the final say on the matter. The PB may approve, approve with
conditions, or deny the request for a special exception. He noted that the concerns read
are likely to be conditions of the application. The Board will hear public comments, and
either make their decision today, or at a future meeting.
Chairman Stern opened the Public Hearing to the Public, and noted that Public Notice
was met with appropriate mailing and advertising.
Recording Secretary swore in all who would be testifying at today's meeting.
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• Planning Board
May 14, 2008 Page 3 of 5
1) Seth Funk 9253 S.W. 5`~' St., -breeding ground for bait fish, tarpon, snook.
People on beach will drive fish out and affect breeding
2) Ethel Carlson, 3300 S. Ocean -have engineering studies been done to be sure an
underground pass could be built? (Mr. Stern -yes -cost prohibited.}
3) Dr. Weitz. 1135 Boca Cove Lane -Community near park. Ingress and Egress
from community difficult, traffic jams, problems with parking in community to use the
beach (kids), use community swimming pool and restrooms. Police will have same type
of problems when park is in.
4) Lucy Miller. 3301 S. Ocean -Chairman of the Beaches & Shores. Was
concerned about the care of the turtle nests on a public beach, and if the county would
take care of them. Would like in writing that the County would care for any nests in
perpetuity.
5) Hoy Booker. 1102 Highland Beach Drive - In favor of a park. Ideas of transients,
etc., don't believe has any backing -various parks in the area don't have that problem,
and the county does a good job of closing offthe beach parks. Parking should be $10,
not $18 or$16.
6) John Stock, 4505 S. Ocean Blvd. -Traffic control -park will add problems to
area. Mr. Nardi did a traffic study, and noted that the study showed there is an
insignificant impact to the area.
7) Anita Tremaroli. 4740 S. Ocean Bvld. -Why is town going ahead with the park,
• when Town represents the residents? Small roadways, being forced on the residents with
no consideration of what the residents want.
Chairman Stern reminded the audience that the Town's comprehensive plan states
that the Town shall allow a beach access park and that the Town will cooperate with the
County in developing one (read into record.)
8) Gary Gosnell -Said that plans developed 20 years ago, should change with the
times. i.e. Gas was cheaper 20 years ago, there wasn't the development in Town 20
years ago that there is today; traffic is more today.
9) Robert Patek - 4217 S. Ocean Blvd. -Took photos of the site which he passed
around, noting traffic/parking problems. Property should be protected/not a good
swimming beach. Swimmers will be at risk.
10) Beverl~Knight -introduced Richard Whitecloud and his family, 1921 N.E. 5~'
Street, Deerfield Beach. Spoke about the Indians who inhabited the area thousands of
years ago. Asked to treat the land with respect- treat ancestors with respect.
11) John Pennington -representing Ralph and Debbie Muller of 2435 S. Ocean Blvd.
Planning Board has been very supportive of the residents needs. Referenced article in
Sun-Sentinel whereby Mary McCarty is quoted as saying the County is legally bound to
provide beach access, and noted that with all the current parks, everyone already has the
ability to access a beach.
12) George Kelvin.. Breamer Isle - read a list of his recommendations, mirroring the
Board's requests.
13) Dean Kelvin -Breamer Isle -Hopes the Town Commission will delay making a
decision until most of the residents are back in Town and can attend their meetings.
Planning Board
May 14 2008 Page 4 of 5
14) Martha Pando, 3420 S. Ocean Blvd. -concerned about nesting sea turtles; hurting
the environment; protection of dunes
15) Joe Sitrick, 4740 S. Ocean Blvd. - V.Pres. Board of Governors of Boca
Highlands. Boca High affected by the park. At a previous meeting with the County at
Boca High, many items were agreed to; hedge or wall/landscaping/lighting/no after hours
parking, etc.
16) Al Giachetti, 4211 & 4215 S. Ocean Blvd. -Narrow beach with large
crowds/look at square footage; a tunnel is a must for traffic control.
17) Dr. Hal Kallman, 4740 S. Ocean Blvd. -Concern re total size of property and
60% is being set aside for parking and 40% for recreation. Originally a masonry fence
was to be constructed; now saying a chain link fence. Don't force decisions from 20
years ago upon residents now.
18) Arlene Trachter, 4746 S. Ocean Blvd. -Vegetation in front of Boca High removed
and created several problems. Asthetic, ecological problem (drainage), safety and
security. Asked Board to agree on some type of fence ASAP.
19) Beverly Knight - 4023 S. Ocean -Comp Plan -what was approved 20 years ago
not in conformance with today. NAGPRA act -Protects Indian grounds from
development.
20) Jack Halpern, 4511 S. Ocean -Traffic study -would like a copy; site is a
prehistoric area; honor the National Preservation of Historic Places; -issues with water
• runoff.
21) Susan Hiles, 4324 S. Ocean -Traffic concerns; Property should be preserved for
the sea turtles.
22} Anita Tremoli - 20 years ago, area different. Why do you have to go ahead with
a park like this? Use it as a nature preserve.
23) Barbara Stone, Eventon Bav -Issues with parking; privacy wall and the trees that
were cut down. Wants afence/wall.
24) Ronnie Svenstrup, 3310 S. Ocean Blvd. - Make it a walking park.
25) Daniel Palaske, 4748 S. Ocean -President, Boca High. -Security for Boca High
not good. West side needs to be secure. Boca High will grant an easement for drainage.
26) Jayson Finkel, 4600 S. Ocean -Vice Pres. Bd. Of Governers, Boca High. -Make
a decision and get on with this project. Boca High, $200,000 in legal fees re park. In the
1980 when Boca High was considering purchasing the property, they contacted the
Indian organization who showed no interest in the subject property.
27) Whitecloud -Asked that some form of land use be constitutionally correct, to
have sanctity to the burial site, and the county documentation does not reflect that.
Chairman Stern closed the Public Hearing.
Audrey Wolf, county representative, introduced Bob Masurelli, CH2MHILL who will
make a presentation on the site plan, and she will then answer any questions from the
Board. Points Mr. Masurelli made:
• .There are two parcels, East on the Ocean and West with the mangrove swamp.
• Planning Board
Mav 14, 2008 Page 5 of 5
. No history of burials on the West side, and do not want to build intensely on the East
side.
. East side contains exotic vegetation which will be removed and replaced with natural
vegetation.
. No lighting except for restroom building, which will have security lighting.
. The two access points will be gated.
. West side - 100 parking spaces; mangroves will be maintained; driveway area gated.
. Two options for crosswalks: pedestrian activated lights in roadway -flashes when
someone crosses road. Signal lights -pedestrian activates.
. 4/22/081etter to Dale Sugerman from Audrey Wolf -meet the 19 criteria points.
. Entire park shall be open and closed by the County staff.
. 100 spaces/4 handicapp/96 regular -originally wanted 140 spaces, but reduced.
. Sunset to sunrise park will be closed. Gate on East parcel also.
. Bathrooms -East side -Parking lot -West side.
. Parking lot will be landscaped - 100% natural vegetation.
. Vinyl coated fence except for North side.
. Cut and spray to remove exotic vegetation.
. Pedestrian crossing -move from South of entrance drive to North of entrance drive.
. Funding in place for the park.
• Ms. Wolf answered questions from the Board. Tom Sliney stated that the Board cannot
make a decision today, and recommended that another meeting be set up whereby they
can vote on each condition separately. A date of Wednesday, May 28 at 9:30 a.m. was
scheduled for a continuation of this Public Hearing.
ADJOURNMENT
With no further business to come before the Board, Motion to adjourn was made by Mr.
Angel/Mr. Stern at 2:00 p.m.
Approval:
Louis P. Stern, Ch.
Ken Tapman, V.Ch.
Patricia A. Pembroke -'
Marie Marchesani _~ ~.., ,..
Kurt T. Kalberer
Joseph S. Yucht
Max AngelD
Attest: ~1~..~ -/~~ 1~ c~.,~ _ at '- I ~'° C~ -~
Note( hese minutes are a general overview of this meeting and may not reflect
• eve mg that was discussed.
• 1. Hold Harmless Clause. Palm Beach County must agree to hold harmless the Town
of Highland Beach it's commissioners, employees, all board members and
attorneys from any claimslactions brought against them do to injuries and damages
to any user of the park.
2, Agreement for a Turning Lane both North and South for entrance into the West Side
Parking Lot.
3. Agreement to create a minimum of 4 car back up lane entering the guard house to
the Parking Lot.
4. No Commercial Vehicles (see up to SUV's Only...no trucks)
5. The need to create a crossing other than those proposed located less than 100
yards from Boca Highlands blinking Nght....the NEED is for a tunnel for safety and
traffic conditions is recommended.
6. Construction of a masonry wall 618 foot instead of a chain link fence on the West side
of parking lot.
7. Agreement to maintain the entire parcel (West and East) indefinitely; the parking lot,
a guard in the guard house, cleaning the bathrooms and showers, cleaning the
beach, etc.
8. Agreement to maintain security patrols past closing time; hopefully up to midnight 7
nights a week both sides of Milani Park.
9.. Agreement by the County to remove any vehicles in the lot after closing time by use
• of a towing service.
10. Agreement that NO PETS will be permitted on either parcels, the parking lot and/or the
East Side to include the beach.
11. Should the Mangroves become a problem, the county at whatever expense will correct
the situation.
12. the Lifeguards and other personnel will maintain the public from roaming onto other
beaches.
13. Agreement that the County will reimburse the Town of Highland Beach for any/all
additional costs for fire, police, emergency vehicles and other related medical situations
14. Agreement that there will no Commercial Retail of any type permitted to include no
concession stands.
15. The County wish to charge $4.00 daily and $6.00 weekend is not acceptable and should
be the same charge as Spanish River Park that of $16.00 per day.
16. The parking lot is to be staffed by an attendant at all times the park is open which is
Dawn to Dusk. Even in the event the parking fee income does bring in sufficent
revenue to pay for that person.
17. Maintain the entire parcel (West and East) to include surface water, parking lot,
cleaning bathrooms, beach, trash, etc. in perpetuity.
•
• 18. The parking lot is to be surrounded by wail, fences, locked gates to protect Boca
Highlands.
19. A response from Tribal Historic Pnaservation.
20. The park is to be used as an historicatlarcheofogical park. A museum is to be built on
the East side of A1A displaying the artifacts and bodies on the premises with a history of
the Tequsta Indians and Japanese fanners who used the premises. The beach is to be
used for fishing or snorkeling but not at the same time. Bathers would not be welcome in
that area. g the park is to be used as a bathingbeach the beach must have 2 lifeguards at
a{i times and emergency first aid equipment.
21. Highland Beach residence are completely against the Mitani Park Project and have
stated that public bathrooms are plagued with crime and drug dealing, sexual activities,
robberies, etc. Atso stated supplying shower facilities would encourage transients,
homeless and sexual deviates to frequent them.
22. Agreement in writing to comply with Highland Beach Code Section 30-12 (Use and
payment of outside experts).
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