2008.02.13_PB_Minutes_Workshop• TOWN OF ffiGHLAND BEACH
PLANNING BOARD
WORKSHOP MEETING MINUTES
February 13.2008 9:40 a.m.
Chairman Louis P. Stern called the Regular Meeting to order at 9:40 a.m. In attendance
were Chairman Stern, Vice Chair Ken Tapman and Members Joseph Yucht, Patricia
Pembroke, Marie Marchesani, Kurt Kalaber and Max Angel. Also in attendance were
Town Attorney Thomas E. Sliney, Building Official Robert Dawson and members of the
general public.
Chairman asked Town Attorney Sliney to give a brief overview and introduction as to
what this Workshop meeting was. Mr. Sliney "set the stage" as to what the process is for
the entire approval of the proposed County park, noting that this is a Public Recrecation
Facility, a special exception which is governed by special exception provisions in the
Town Code. This matter had been pending for many years, and delayed because of Mrs.
Milani's lawsuit. He felt that this meeting should start off as an informative session, with
public hearings to be scheduled later on. The special exception is duel, and the Planning
Board will have one or more workshop meetings with a public hearing, and then make an
advisory recommendation to the Town Commission. The Town Commission will repeat
the process with one or more workshops and then a Public Hearnig in which the Town
• Commission would either approve, approve with conditions or deny the request for
special exception. The Town has hired its own experts and this is an informal meeting to
hear those results.
Chairman Stern asked Building Official Bob Dawson to present his opening remarks.
Mr. Dawson noted that the Town received the application for the park in Sept. 200?, and
after a review, it was determined that additional expertise was needed to properly process
the application. Therefore, the Town hired various consultants who have expertise in
various engineering, environment, etc. of which this information will be presented to the
Board in order to help them in reviewing the site plan for this project. Mr. Dawson went
on to introduce Jim Nardi, who presented the reports developed by his company.
Mr. Nardi asked the presenters to briefly summarize their reports. The first expert,
Steven Colbac, professional engineer with Carnahan, Proctor and Cross, of Jupiter, FL.,
said that his roll was to evaluate the engineering aspects, i.e., paving, grading, draining,
etc. and found there was no information as to how the application was going to meet the
drainage regulations, making it difficult to evaluate. However, several aspects of the site
were found a challenge to meet the regulations, especially the mangrove area which is
below elevation, and the proposed parking lot area which is low in elevation, would need
a considerable amount of fill.
Mr. Nardi presented the report from Sphere Environmental Services, LLC., with findings
based upon the presented application, and provided a number of recommendations within
• the 1999 report. Said the applicant should provide the Town with an update
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Februarv 13.2008 Page 2 of 5
communicating that the applicant will incorporate the recommendation of their expert
into the development plans. Additional recommendations include updating the
jurisdiction of wetland determination which expired in 2005. Site conditions have
changed since the applicant's 1999 report. They also recommend on the western parcel,
the applicant should provide an update on the removal and replanting plans, and how
species will be protected as part of the development plans. Regarding the Eastern parcel,
the beach activity should be kept at least 10 feet from the edge of the fore dune. Plans to
protect the dune should be included in the development plan. Applicant should verify the
path of installation of water pipes and sewer lines on the site, and how plant species will
be protected.
Paul Jones, (registered professional archeologist) Vice President of Florida History,
LLC., Tampa, FL., gave an overview stating that archeological reports on the site were
conducted in the following years: 1958, 1972, 1980, 1999, 2000 and his study in 2007.
They needed to determine if the site still had integrity, meaning if it has archeological
artifacts. He said his crew dug down only three feet into the midden, which was intact, as
it is very deep - 6 to 9 feet. The remains of the house built on the site many years ago,
and the old pool, caused minimal damage to the site. He noted that the site does include
buried Indian remains, as remains of an adult and an infant were found, noting that there
• is integrity at the site. The development of the site would provide an opportunity for
heritage tourism and educational programming. He noted that the western parcel has
been disrupted and destroyed, but the Eastern parcel is in tack and needs to be addressed
as far as its preservation.
County Representative Audrey Wolf, Director of Facilities Development and Operations,
presented an overview of the County's previous applications to the Town seeking
variances, and noted that they did not move forward until the suit from Mrs. Milani was
settled, which took five years. She noted that the new application does not include a
request for the former variances. County reps have not had a chance to totally review the
expert's reports, but will do so and then address their suggestions. In regard to the
Carnahan report, a revised drainage statement will be submitted, storm water easement
issue will be addressed, and the other items will be addressed.
Regarding the Florida History report, the County's archeologists' concur with the
majority of the findings in the report, but several need to be clarified. Where the
presence of the human remains was found, this location can be avoided. Additional
remains if found, can be moved and reburied if location cannot be avoided. She noted
that the proposed park area consists of a small area of the archeological site, the rest
being Mrs. Milani's property. The park will not display any artifacts, only interpretation
and signage.
Recommendations from Sphere Environmental Services will be addressed and the listing
. of the species present will be prepared and submitted as part of the permitting processes.
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February 13.2008 Page 3 of 5
She noted that the anticipated uses of the beach aze well within the county and state
guidelines for usage. The plans for protecting the dunes will be addressed in the FDOT
permit that is required. The beach itself is 392 feet, the average depth is 100 from the
high tide line back to the fore dune. The state guidelines state that a 100 sq.ft. per person
should be used, and with 39,000 sq. ft divided by 100, would be a beach capacity of
potentially 392 people. 100 pazking spaces, at 2.5 people per caz, is still within capacity
of the beach. The guidelines allow for additional areas that should be used in the
calculations, which would actually bring the capacity to 654 people. The county will
update the parking standazds. Sea turtle nesting will be addressed during the DEP
process. Beach maintenance by the county will actually help reduce litter. Design of the
utilities -excavation will be minimized and disturbance of the plant species and
azcheological sources minimized.
The county is prepazed to address all of the recommendations, findings and comments
from the consultants at the Mazch 12 meeting, including the drainage statement, revised
site plan, and location of buildings on the site.
Chairman Stern asked for boazd comments. Mr. Yucht asked about the agreement of sale
between the Malani Trust and the county. The agreement stated two important things -
• that the County will operate a pazk, does not say what kind though. Yet the county in all
of its proposals, says a "bathing" park. Would like to see if the county is willing to turn
this into an archeological, historical, environmental entity and forget about the concept of
bathing. Ms. Mazchesani asked if the utility buildings could be placed on the West side
of the project. Mr. Stern asked Ms. Wolf if she would find out if the county would
consider something other than a bathing pazk.
Updated reports will be available to the Boazd by Mazch 5. There was discussion about
getting the property on the National Register. Mr. Nazdi felt the West site is unlikely, the
East is likely with additional information provided to the agency. Any additional testing
should be done prior to construction.
Chairman Stern asked for Public Comments:
1) George Kelvin, Braemer Isle - Regazding the West side, the wetlands have
been sustained by the drainage from that property for hundreds of yeazs, and
the vegetation has adapted to that wash off. Any change t the aze could cause
salt intrusion. Would like the county to look into diverting any salt runoff into
a drainage system.
2) Lucy Miller, Amb. East, Chair of the Bchs and Shores, referencing turtle
nesting in the area, and the effect of all the people affecting the nests. She
• will provide a report to the Boazd on the reported nesting in that azea.
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February 13, 2008 Page 4 of 5
3) Martha Pando, Coronado, supported the park being something other than a
bathing park, and asked the commission to keep in mind the changing
environment and global warming.
4) Judi Asselta, 3450 S. Ocean, supports a passive park and noted Mr. Jones
referencing the Miami circle and its preservation of it from state funding, and
we should try to do the same.
5) Beverly Knight, 4023 S. Ocean supports a passive and informational park.
6) Susan Stern, 4740 S. Ocean, asked about the case being concluded. Mr.
Yucht responded with the history of the lawsuit between Mrs. Milani and the
County.
7) Neil Mariano, Parker Highland and a police officer of the Town, expressed
Concern about the coverage of policing the parking area, the presence of the
police, and concern on how much it will cost the town to do provide policing.
Also, an investigation of any criminal case at the park would be provided by
the Highland Beach police and cost the Town.
• 8) Gary Guertin, Toscana, supports a nature park and encouraged the Town to
do whatever it can to discourage a bathing park.
Mr. Sliney noted the sequence of events that will most likely follow, with the Board
conducting one or more workshop meetings after this, still collecting data, of which
what was presented today is new from five years ago, and be in the "data gathering
and sifting" process for a while. With further discussion, the Board elected to hold
another workshop meeting following the March 12 Regular Meeting, at which time
the County's application will be presented to the Board.
The following MOTION was made by MRS. PEMBROKE/MR. ANGEL:
After the March 12 Regular Meeting, the Board will consider Palm Beach
County's proposal to present the entire Milani Park project, in a Workshop
Meeting.
Motion carried unanimously.
With no other business to come before the Board, MOTION to adjourn was made by MR.
ANGEL/MS. MARCHESANI at 10:45 a.m.
•
• Planning Board
February 13.2008 Page 5 of 5
Approval:
Louis P. Stern, Ch.
Ken Tapman, V.Ch.
Joseph S. Yucht
Patricia A. Pembroke
Marie Marchesani
Kurt T. Kalberer
Max Angel
Attest: ~/ ~ ~~
(Note/Not all of the findings in the consultant's reports are reflected in these minutes.
Thes~ minutes present a general overview of their comments.)
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