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1988.03.09_PB_Minutes_Regular4 Iry TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR MEETING - MINUTES March 9, 1988 10:15 A.M. The Regular Meeting of the Planning Board, Town of Highland Beach, Florida, was called to order by Chairman Ward in the Commission Chambers at Town Hall at 10:15 A.M. The Recording Secretary called the roll. Present were Regular Members J. E. Ward, A. Leng, M. A. Waldman, A. R. Keller and Alternate Member R. M. Gregerson who acted in the capacity of a Regular Member. Alternate Member A. J. Harbin was absent. Also present were Town Attorney T. E. Sliney, Building Official B. Sutherland, Recording Secretary A. Kowals and members of the general public. MOTION was made by MR. GREGERSON/MR. KELLER to approve the Minutes of the February 10, 1988, Planning Board Regular Meeting and the February 24, 1988, Planning Board Public Hearing, as submitted. The MOTION carried unanimously with favorable votes. NEW BUSINESS Chairman Ward noted an application was submitted by Centel Cable T. V. Company of Florida for a site plan review for a satellite dish (which had already been installed) behind Town Hall at 3614 South Ocean Boulevard. Town Attorney Sliney advised that he spoke with Town Manager Mariano and found some discrepancy regarding the approval of the satellite dishes. The Cable Franchise Agreement of 1984 stated one satellite dish was authorized. In checking Town records, that agreement was not approved for the second dish and now, there is a third dish. In 1983, there was a proposed amendment to the Ground Lease calling for an amendment to permit installation of a second dish. Under the documentation that we are aware of, there is only one dish that is authorized to be there at the present time. Attorney Sliney said his records do not indicate that an amendment was ever signed and approved and that is the main discrep- ancy. They are seeking an additional dish (whether it is the second or third) when our documents indicate they have been authorized to have one dish behind Town Hall, continued Attorney Sliney. Chairman Ward stated that he went to the site and observed three satel- lite dishes behind the Town Hall. Building Official Sutherland advised that since his employment with the Town in February, 1984, there have been two satellite dishes installed behind the Town Hall complex prior to that date. The third dish was a matter between the Cable Company and the Former Town Manager who said that because the dish was for the general use of the Town, it was not necessary to follow the procedures PLANNING BOARD Regular Meeting - Minutes March 9, 1988 Page 2 of 9 of the Town Code. Building Official Sutherland stated the third dish which is 12' in diameter, was installed on December 4, 1987. Mr. Dan Poppell, service technician for this area, stated he is the public relations person when problems arise in the Town. The Cable Co. was notified of a new satellite in the atmosphere which required channels be switched. A third dish was required to accommodate the change. Mr. Poppell discussed the matter with the former Town Manager who gave verbal approval for the installation of the third dish. Upon questioning, Mr. Poppell advised the Board that he was never required to get approvals wherever he worked. Continuing, Mr. Poppell informed the Members that the second dish was in place when Centel Cable purchased the system from Highland Beach Cable in 1984/85. This third dish, said Mr. Poppell, is being used to con- tinue the service the Town already receives; it is to maintain the same channels and level of reception. The largest dish in that location has the least number of channels on it; it is dying, and when it does, we will have that dish free to add more services into the Town (the addi- tional services, where we are trying to go from 36 to 45 channels, should be available within the next 60 days). Mr. Poppell added that he does not see where the Town will require more dishes than it now has. • Building Official Sutherland stated he had the engineers drawings with the specifications of the foundation and this is a better installation in that the pipe is in the ground with reinforcing lines which makes it very secure. Chairman Ward noted that the Board can not act on this matter at this time as Town Attorney Sliney advised it should go before the Town Commission and any equipment that is place in that location should be in accordance with the Ground Lease Agreement. Until the Town Commission reviews that agreement, the Planning Board does not have jurisdiction in this matter, continued Attorney Sliney. A memorandum was forwarded to the Town Commission from the Planning Board on March 10, 1988, requesting clarification of the Ground Lease Agreement, per Town Attorney Sliney's recommendation. Following a brief recess called by Chairman Ward, the Regular Meeting of the Planning Board reconvened at 10:50 A.M. Chairman Ward informed the Board Members that he received a letter of resignation from Alternate Member Anna J. Harbin. Chairman Ward stated that he received a memorandum from Mayor Stewart, dated March 3, 1988, stating the Mayor would like the Board to prepare a notebook so each member will have compact information pertaining to the Planning Board. • PLANNING BOARD . Regular Meeting - Minutes March 9, 1988 Page 3 of 9 In a discussion regarding the time period that the developers have in which to pull a permit (following receipt of all necessary approvals), Mr. Waldman stated a memorandum concerning that matter had been submitted to the Town Commission in 1986. Town Attorney Sliney said the Members should send whatever recommendations they have to the Town Commission, and if the Town Commission feels it is necessary to change that part of the code, the Planning Board would then be required to have a full set of public hearings as this issue can not be treated as an administrative matter. Attorney Sliney informed the Members that the Town tried to combine the Byrd Beach Section of Highland Beach into one category (RE); however, that was not feasible as the lot sizes on the West side of A-1-A were too narrow. That area must be rezoned officially from RS to RE as they are building that property according to the RE zoning. This matter should be scheduled by the Planning Board so that it can be resolved, continued Attorney Sliney. Chairman Ward said the memo forwarded to the Town Commission in 1986 regarding the time period allowed for developers to pull a permit should be reconsidered as should the matter of the setbacks. Attorney Sliney stated there are three items that must be addressed and perhaps they may be able to accomplish that in one public hearing. • Chairman Ward noted some changes have occurred on the Planning Board and it is necessary to reassign the elements to be researched by the Members. Vice Chairman Leng was requested to assume the complete cate- gory of Beach Erosion and Conservation of the Mangroves inasmuch as Mrs. Harbin has resigned from the Board. When Vice Chairman Leng noted that the Coastal Management/Conservation Element contains all the information in it, Chairman Ward suggested Vice Chairman Leng make an independent study to determine if it is valid or not. Chairman Ward requested Mr. Keller research the Traffic Element on A-1-A which was originally assigned to Mr. Bartlett who has since resigned from the Planning Board. Mr. Gregerson stated he was assigned the Hurricane category and he is pleased with the information he has read and compiled regarding this matter. City Planner Jim Park and John Toshner of Gee and Jenson arrived at the meeting at 11:00 A.M. Chairman Ward noted the Members would like to start on the Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge Element. Mr. Toshner advised they have submitted several section to the Town and • other reports will be forthcoming by the end of the month (within the PLANNING BOARD . Regular Meeting - Minutes March 9, 1988 Page 4 of 9 next 30 days). Jim Park had been putting together Chapter 9J-5 and we will probably have two more elements by the end of the month, said Mr. Toshner. The last element is Future Land Use and Capital Improvements. We do not envision major capital expenditures necessary to implement your plan. We should be able to wrap up all the elements and be in a position to fine tune and polish up the maps within the next 60 days, continued Mr. Toshner. The Housing, Conservation and Recreation Elements submitted, said Mr. Toshner, are partial elements and they are still being worked on; the Coastal Management Element is complete. Mr. Park noted that the Utilities Element is complete except for the Sanitary Sewage section; the completed Elements will be available at the next meeting of the Planning Board in April. Chairman Ward stated the Members would review the Sanitary Sewer Element and ask questions regarding the submission. When Mr. Waldman asked Mr. Toshner if it would be possible for Highland Beach to get some official figure, as a result of all the studies re- garding Solid Waste, possible Growth, etc., from Gee and Jenson saying the Town can not support more than 'x' number of people by the year 2000, as a back up for the Town's position, Chairman Ward questioned if • a community can fix maximum limits. Mr. Park advised the Town can determine what population it wants for its Town; that is part of the local policy making responsibility of coastal government. If you are to win in Land Use Court Cases; you must show your city has established a policy which is somehow related to a normal, natural process of running your Town in determining as a community goal that you want to be such a Town. It is not possible for us to come in and tell you that you can not accommodate 'x' number of people in your Town; you must decide what kind of a Town you want, continued Mr. Park. Continuing, Mr. Park said, in terms of population, you have a range flexibility as a Town in establishing where within that range you want to be. In the new planning requirements of the State, there is a provision that says "What is your Town going to do to direct population away from coastal high hazard areas?" It opens up a whole opportunity for the Town to say "We do not want to encourage people to live in a coastal high hazard environment" which opens the door for you to say we are going to do this to limit our population because of the storm potential in this area and the potential danger to life and limb. It is a kind of urban growth management where you have flexibility in how you will do that for growth management. You can say, "There are certain things about this community we want to preserve; they are; and we want to preserve them for these reasons", continued Mr. Park. You state that in your Town's plan and your rational policy making process you used to arrive at that plan. Those things are very important factors supporting 40 the Town's position to down zone property, deny building permits or do PLANNING BOARD . Regular Meeting - Minutes March 9, 1988 Page 5 of 9 other things because the Town can point to their comprehensive plan and say, "This is the locally generated goal for our community and therefore it is valid", continued Mr. Park. Mr. Toshner noted that our Town Attorney has won many decisions which is an indication that the policies and the positions the Town has taken have been upheld by the courts. Vice Chairman Leng stated Mr. Park had explained what the Town really has to prove is the reason we want this for our Town is that because with A-1-A the way it is, and the way we want it to be, we can only evacuate so many people; this is why we can not see the possibility of much more growth in Highland Beach. When Mr. Waldman questioned if there could be a page to preface the Town's whole program to give the reasons at the very beginning as to why the Town is doing this, Mr. Park stated we do not want to go to the front of the program and say we are going to do all those things without laying the groundwork; it is more orderly to say that "As a result of all these things you just read about our policies and position, we feel our Town should be this". Mr. Toshner said when the Members receive the Future Land Use Element • within the next 60 days, they will see that it is significantly more detailed than any plan they have ever had before; Chapter 9J-5 is forc- ing the communities to take a much more comprehensive plan. Chairman Ward noted that the Gee & Jenson water report, as well as his own study, have been based on present zoning in regard to the number of units in the year 2000. If we revise the figures and say we will only build 'x' number of units therefore our population will increase by 'x' number of people, can you give us our maximum limits on the water, sew- age, etc., so we can go to them with a concrete provisional policy, asked Chairman Ward. Mr. Park said it would be wrong to set arbitrary numbers saying this is what we want to reach; you have to approach it from a logical direction in terms of relationships of land uses and densities, there should be a degree of uniformity for compatibility in land use relationship. You work back from a standpoint of planning theory and community technology to say "These are things that would help us meet the limitation of the services without extraordinary efforts or inordinate expenditures of funds". That would be more desirable. Plus the fact, by reducing population in the coastal high hazard areas (which the State says you should do) is another reason to look at ways we can curtail future growth in our community, continued Mr. Park. Town Attorney Sliney stated he has been involved in zoning for a number • of years and there are a lot more tools to work with for growth management now then there were in the early 70's. Every time the State . PLANNING BOARD Regular Meeting r Minutes March 9, 1988 Page 6 of 9 sets down new policies, you use that in your plan to justify what you want to do; the growth management plan itself is a justification and all these amplifications really help you, continued Attorney Sliney. Mr. Toshner stated that we have to be aware that all the plans will be compiled so that the Planning Council will come up with a future land use element plan; I have some concerns because they will be coming out here in a few months with performance standards criteria that they would like all local plans to consider so -that conflicts are not created. If Highland Beach is incompatible with Boca, or Delray, or Palm Beach County, they can ask that your plan not be certified; we have another agency that can tell us we really did not adhere strictly to the standards of criteria --go back and try again. Mr. Toshner said he is confident that Highland Beach can get the support of the Planning Council, Regional Planning Council, the County Planning Council, the County Planning Department because that compatibility will exist. But, the people who are going to challenge us are not going to be the County or probably even the State. We will comply with all the State criteria, continued Mr. Toshner. Mr. Park noted that the role of the Planning Council is primarily to keep someone from doing more than they should do (exceeding the stand of • other communities). The Planning Council involvement will help Highland Beach because they will, in effect, set limits. Their coordination of community plans will help you, continued Mr. Park. When Mrs. Leng asked if Mr. Park will review the studies prepared by the Planning Board Members and then tell the Members that is what they are looking for, Mr. Park said you can tell me what you want to do and I can help you put it into the language. Chairman Ward noted each Member was assigned a certain area of research in order to make an independent study which will be compared with the Gee and Jenson studies which will eventually lead to a policy on each particular element. Mr. Park said that you are in fact required to state what your services and standards are. If you exceed the anticipated growth, you can set your standards to whatever reasonable level you want and work your way back to whatever actions are necessary to make sure you do not exceed that number. Vice Chairman Leng noted that Highland Beach is different than most of the communities in that it is a barrier island therefore it can not be included with the other communities. Mr. Park said that is true and it makes room for Highland Beach to treat that subject in great detail. In reviewing the Sanitary Sewer, Solid Waste, Drainage, Potable Water • and Natural Groundwater Aquifer Recharge Element, Chairman Ward asked Mr. Park to discuss the limited storm water management system. PLANNING BOARD . Regular Meeting - Minutes March 9, 1988 Page 7 of 9 Mr. Park said A-1-A's drainage is virtually nonexistent; the water lays there until it soaks into the ground. Most of the systems are privately owned and maintained, continued Mr. Park. When Mr. Gregerson asked if it would be possible to use temporary sump pumps to drain A-1-A when necessary, Mr. Park said he did not think that would be viewed favorably. Mr. Gregerson questioned how the Town is to remove the water from A-1-A after a heavy storm. Mr. Toshner said they are planners; they are not engineers. We gather the information; you go to your engineers and have them help you under- stand the length and breath of the issue. Mr. Park said the comprehensive plan is not the place to deal with this problem. We have to identify the problems and say the Town will look into it and then try to resolve it. You decide what you want to ado pt opt in this comprehensive plan and include that in the ordinance. In discussing the Solid Waste section, members were advised that the State will reject policies and objectives if they are not reasonable. Mr. Park said the Town has to sayit is going to do g 9 certain things by certain dates (reduce or increase, add something and put numbers down); all those are important parts of the Town policies. • Members were advised that the National Geodetic Verticle Data is a standardized nationwide measure of determining a uniform map of established elevations so all communities operate on the same basis rather than each community using its own zero elevation. Regarding the Flood Insurance Rate Map, Members were informed that is considered the bible in determining flood insurance. The flood insur- ance program called for every community in Palm Beach County to redo their flood plan management program or the flood plan insurance will expire sometime this month. If you do not have a new flood plan management ordinance in effect, you need to adopt one. said Mr. Park. When Chairman Ward questioned the 100 year storm, Mr. Park said that is the basis of preparing the map; it is a critical storm that we will establish regulations to meet. The most vulnerable area would be the storm search area which is Zone B (the beach) and zone A would be the second most vulnerable area. Mr. Gregerson noted that paragraph 3 reads "Design capacity of the existing Town maintained storm sewer system should be determined and the system should be accurately located an mapped in order to facilitate maintenance". It would be an expensive job --we don't know where our storm system is. Mr. Park said it will take money to get knowledge of what we have and what will happen during a 100 year storm. You set a policy to determine what those conditions are and state that you will . make a survey and by 1992 you will begin a program; we have to know when PLANNING BOARD . Regular Meeting - Minutes March 9, 1988 Page 8 of 9 you will do something about it, continued Mr. Park. Now, you know the objective, the Town will correct the storm water system and maximize the use but we have to say by when; that is what you need to tell me (do we give it a high priority and do something about it in 2 or 5 years), continued Mr. Park. In discussing the water study, Chairman Ward question what would happen to the pressure if Boca Hi were to have another high rise with 220 units. Mr. Toshner said Chairman Ward would have to take this matter up with the Town's engineers (James Montgomery). Chairman Ward said the pressure is something the Board has to address. Mr. Toshner said the draft elements should be given to the Town's engineers and they should feel free to comment on Gee and Jenson's work. When Chairman Ward asked about the Town's engineers attending a meeting at which the Gee and Jenson representatives would be present, Mr. Toshner said the engineers should make comments on the draft elements and attend one meeting of the Planning Board. Mr. Toshner said the elements are now in the preliminary review and we are going on the basis that we will use the best available information. I think you will want the engineers to look at the elements and say technically it is correct. • Chairman Ward noted the next Regular Meeting of the Planning Board will be held on Wednesday, April 13, 1988, at 9:30 A.M., with the agenda closing on Tuesday, March 29, 1988, at noon. Attorney Sliney said he would check into the matter of public hearings regarding the three zoning issues and he would work out a timetable. Mr. Toshner said that seven days in advance of the next Regular Meeting of the Planning Board, Members will receive two more elements and then we will have to schedule a Special Meeting and more time to cover more ground. We are probably 65 top 70% complete with everything. Within 60 days, you will have a package. Mr. Toshner and Mr. Park are planning to attend the Planning Board Meeting on April 13, 1988, at which time the Board will allow two hours for discussing the remaining elements. Upon proper MOTION by MR. GREGERSON/MR. WALDMAN, Chairman Ward adjourned the Regular Meeting of the Planning Board at 12:15 P.M. PLANNING BOARD • Regular Meeting - Minutes March 9, 1988 -Page 9 of 9 APPROVED: J. Ward, Chairman Amelie Leng, Vice Cha rman Ll