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2011.10.12_PB_Minutes_Regular''MIaIl� '•� TOWN OF HIGHLAND BEACH '" ;• . _� MINUTES OF THE �` '• '' * = PLANNING BOARD REGULAR MEETING Wednesday, October 12, 2011 9•30 AM Members Present: Chair Carol Stern, Vice Chair Michael Kassower, Board Member Carl Feldman, Board Member Ilyne Mendelson and Board Member William Svenstrup. Members Absent: Board Member Ronald Clark and Board Member Stephen Golding. Also Attending: Town Attorney Tom Sliney, Deputy Town Clerk Valerie Oakes, Assistant to the Town Manager Zoie Burgess and members of the public. CALL TO ORDER: Chair Stern called the Regular Meeting to order at 9:30 AM. Roll call was taken by Deputy Town Clerk Oakes followed by the Pledge of Allegiance. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Chair Stem called for any additions, deletions or an acceptance of the agenda. MOTION: Board Member Feldman moved to accept the agenda as presented. Board Member Mendelson seconded the motion, which passed unanimously. PUBLIC COMMENTS AND REOUESTS: No public comments. PRESENTATIONS: No presentations. APPROVAL OF MINUTES: • September 14, 2011 — Regular Meeting Chair Stem called for a motion to approve the minutes of September 14, 2011, Regular Meeting. MOTION: Vice Chair Kassower moved to approve the minutes of the September 14, 2011, Regular Meeting. Board Member Feldman seconded the motion, which passed un nimously. Planning Board Regular Meeting Minutes Wednesday, October 12, 2011 Paae 2 of 7 PUBLIC HEARING: A) Application #27905 — 4410 Intracoastal Dr.; Allan Goldstein SITE PLAN REVIEW TO APPROVE THE INSTALLATON OF A 5,000 LB. PERSONAL WATERCRAFT (JET SKI) LIFT TO CONCRETE DOCK, AND INSTALLATION OF TWO 12-INCH WOOD DOLPHIN PILES ADJACENT TO THE CONCRETE DOCK. Contractor. Ray Qualmann Marine Construction Co. Chair Stem read aloud the title of the application, closed the regular meeting and opened the public hearing at 9:35 a.m. Chair Stern called on the board members to disclose ex-parte communication, hearing none, Building Official Michael Desorcy was called to the podium. Michael Desorcy, Building Official — The Building Department has no objections. The plans were reviewed and the setbacks are in compliance with the code, and the dolphins are situated on a canal that exceeds 80 feet in width. The Jet Ski is attached to the dock, which is not an issue with the code of Highland Beach. Member Feldman — This particular lot is vacant. The boat dock will not be installed on the lot where the home is located, is that correct? Mr. Desorcy — That is correct. Member Feldman — There is no permit for the lot itself, only the boat dock, correct? Mr. Desorcy — The permit for the dock is attached to the lot. Member Feldman — Is the vacant lot going to be built on? Mr. Desorcy — Currently, there is construction on the lot. There is a driveway and electric gates that will be installed, and landscape irrigation. In addition, there will be electric and water service going to the dock. Both lots are owned by Mr. Goldstein; therefore, it is contiguous property and allowed by code because the dock is an accessory use. Member Svenstrun — Were the notices sent to residents within 1,000 feet regarding the proposed construction? Mr. Desorcy — Yes, everyone within 1,000 feet was notified of this public hearing. The Town Clerk has the file. Ron Brown, 4319 Tranquility Drive —What does the code say about compliance? Mr. Desorcy — The code does not address the width of the pilings to be installed. However, there is a criteria for installation, which was met. The Building Official read into the record code section 30-68 (hx 1). Chair Stern — The canal is 100 feet wide. Even with the installation of the dolphins, a boat could maneuver, correct? Mr. Desorcy — Not a large boat. The dock on the other side is five feet out, this dock is five feet out, which leaves 90 feet of maneuvering space. Did anyone measure the canal? Planning Board Regular Meeting Minutes Wednesday, October 12, 2011 Page 3 of 7 Mitchell Scavone of Rav Qu lmann Marine Construction Co — The canal is 100 feet wide, the dolphins on the south side are approximately 25 feet off the seawall (20 feet of the dock). Mr. Goldstein is proposing a 25 ft. off his seawall, which would leave a 50 ft. clearance between the two sets of dolphins. Basically, a boat would not turn around in a canal. The general rule is leaving 50% of the width of the canal for right-of-way. Member Feldman — Doesn't the Florida Department of Environmental Protection (DEP) have more control over this canal than the Town? Mr. Desorcy — The DEP's criteria is different from the Town. Member Feldman — If the applicant did not meet the Town's criteria, but it met the DEP's criteria, would it allow the applicant to proceed? Mr. Desorcy — No. They need to meet both criterias. Member Mendelson — The code states that a mooring facility must be located in a canal of 80 feet in width, is that the beginning of the canal or what is left after the two dolphins have been built? Mr. Desorcy — That only applies to water. That is not the finish product. The waterway is from seawall to seawall or bulkhead to bulkhead. Tom SlinM Town Attorney — Mike and I reviewed the entire section this morning to see if there is an issue with navigation. It did not appear there would be an issue. Under section (3), Qualmann Marine is in a position that they are required to provide the documentation referenced Is that correct Mike? Mr. Desorcy — Yes. Mr. Slinev — The applicant would need to meet with the criteria of the 80 foot width, and from what I understand from the Building Official, it does. The Building Official has reviewed what is happening on the other side of the canal as it is relative to an issue with navigation. The Building Official has concluded based on criteria there is no problem with navigation. Member Mendelson — What would happen if a bigger boat had to tuna around? Mr. Desorcy — A skilled Captain could turn around a 50 ft. boat. Member Mendelson — What would happen if the applicant or the property on the south side of the canal get a bigger boat parked on their dock? Mr. Desorcy — Theoretically, they could park a 100 ft. boat. If the boat could not turn around, the Captain would reverse the boat into the basin. Member Mendelson — Would it affect the residents in the basin area? Mr. Desorcy — No. Chair Stem — Is the applicant parking the Jet Ski or a boat? Allan Goldstein, Property Owner — We currently have a dock. By installing dolphins, it will not extend further than what the boat would extend. I could dock my boat there now. The reason for the dolphins is because there is a wake zone on the Intracoastal Waterway, and without the dolphins it would cause the boat to swing, which would cause more problems. Also, the boat would be damaged or something else. The dolphins are to keep the boat in place. The dolphins will not extend into the canal more than it already has. The Jet Ski extends five feet out. The intent is to dock a boat. The dolphins will make it safer, so the boat does not swing. Planning Board Regular Meeting Minutes Wednesday, October 12, 2011 Page 4 of 7 MOTION: Member Feldman moved to approve the application; seconded by Member SygnstnV. Roll Call: Member Feldman - Yes Member Svenstrup - Yes Member Mendelson - Yes Vice Chair Kassower - Yes Chair Stem - Yes Discussion: None. Motion carried 5/0. MOTION: Member Svenstrun moved to close the Public Hearing at 9:50 a.m.; seconded by Member Feldman. Motion passed with all in favor. MOTION: Member Mendelson moved to open the Regular Meeting at 9:50 a.m.; seconded by Member Svenstrun. Motion passed with all in favor. OLD BUSINESS: None. NEW BUSINESS: A. Application #27908 — 4121 South Ocean Blvd.; Amgad Girgis SITE PLAN REVIEW OF A NEW SINGLE-FAMILY RESIDENCE, TWO LIVING FLOORS, BASEMENT GARAGE AND ROOF DECK, APPROXIMATELY 11,000 GROSS SQUARE FEET, CONCRETE CONSTRUCTION ON PILINGS. Architect: Jaime M. Plana Chair Stern read aloud the title of the application and called on the board members to disclose ex-parte communication, hearing none, Building Official Michael Desorcy was called to the podium. Michael Desorcv — This is for the construction of a new single-family home in the residential (RS) zoning district. The Building Department reviewed the plans and find the proposed building is in compliance with the Town's code. Member Kassower — What other governmental agencies are pending? Mr. Desorcy — The Department of Environmental Protection (DEP) needs to issue a permit. Chair Stem — Do you see a problem with that? Jaime Plana, Architect — The DEP needs approval from the Planning Board before they approve their permit. Mr. Sliney — You may approve the application subject to the approval of the DEP permit. Planning Board Regular Meeting Minutes Wednesday, October 12, 2011 Pane 5 of 7 MOTION: Member Mendelson moved to accept the plans subject to receiving permits required, seconded by Member Feldman. Roll Call: Member Mendelson - Yes Member Feldman - Yes Member Svenstrup - Yes Vice Chair Kassower - Yes Chair Stern - Yes Discussion: None. Motion carried 5/0. B) Review the Town's Three -Year Strategic Plan Wish List Chair Stem announced that "Coffee with the Mayor" is on November 14t' to discuss and collect the ideas of the residents. She requested the attendance of the Planning Board members. Member Feldman questioned if this would be a meeting of the Planning Board since the Town Commission cannot come and give their opinion. Mr. Sliney explained that Commissioners can attend but not participate at the meeting. The Mayor has invited the Planning Board to participate with Coffee with the Mayor. The Deputy Town Clerk will notice the meeting and be present to record minutes. The Planning Board will also meet on the regular meeting date in November. Member Feldman asked if a member did not attend Coffee with the Mayor, would that consider to be an absence. Member Mendelson expressed that this is a special voluntary meeting and does not see the reason to mark a member absent. Chair Stem commented that if a member does not attend it will not constitute as an absence for the record. Chair Stern read aloud a memorandum from David Stern, Board of Adjustment and Appeals Chair, into the record (see Exhibit `A'). Chair Stern read aloud a memorandum from William Svenstrup, Planning Board Member, into the record (see Exhibit `B'). Member Mendelson agreed with publishing the Highlander monthly; however, has a concern with the police blotter. Explain incidents that occurred and give tips to prevent crime, instead of specific details. In addition, she concurred with the ideas about the Fire Department. Chair Stem suggested that Police Chief Craig Hartmann could insert safety tips. Planning Board Regular Meeting Minutes Wednesday, October 12, 2011 Page 6 of 7 Member Feldman agreed with Member Svenstrup on having a police blotter in the Highlander. Some people think that nothing happens in Highland Beach. Chair Stern thought that sending letters to the Editor is a great idea. Valerie Oakes, Deputy Town Clerk the Highlander was mailed out and the resident survey was included. Zoie Burgess, Assistant to the Town Manager explained that the Highlander was mailed yesterday and the resident surveys were included. The resident survey is also available online, Town Hall, Library and Police Department. Chair Stem read aloud the memorandum from the Beaches & Shores Advisory Board (see Exhibit `C'). Member Mendelson commended the Beaches & Shores Advisory Board for submitting a solution to their action item. She suggested that the Board of Adjustment & Appeals review their ideas and find specific ways to accomplish their ideas. By consensus, the Board agreed to request that Chief Hartmann investigate the possibility of an Interlocal Agreement with the City of Boca Raton and/or City of Delray to police the Intracoastal Waterway. Vice Chair Kassower suggested that Member Clark discuss the police blotter with Police Chief Hartmann. Chair Stem explained that the board could narrow down the items on the master wish list by choosing three or four items. The Highlander is a great idea and the Beaches & Shores Advisory Board's recommendation is a possibility. Member Mendelson expressed that the Board is to deliver what the townspeople want. Reviewing the responses from the residents will give the Board direction. The Board needs to synthesize all of the ideas and wishes then offer the Board's opinion to the Commission. Member Feldman felt that certain items on the master wish list are internal processes and the Planning Board would not be "hands on" with those items, so they should be removed from the list. Chair Stem concurred. Member Mendelson concurred. Deputy Town Clerk Oakes explained that the Planning Board had requested that the Department Heads provide the Board with their wish list. Staff works internally; therefore, majority of the items are internal processes. Even though the Planning Board would not necessarily be "hands on" with these internal processes, the items are still goals for the Town's function. Chair Stem asked that the Board review the wish list and mark the important items. Once the Board hears what the townspeople have to say at Coffee with the Mayor, the Board will narrow down the items on the wish list. Planning Board Regular Meeting Minutes Wednesday, October 14 2011 Page 7 of 7 Vice Chair Kassower questioned if implementing a 501(c)3 for donations to the Police Department is illegal. Town AttorneySImey said it depended on the purpose. ADJOURNMENT: Chair Stern called for a motion to adjourn the meeting at 10:41 am. MOTION: Member Mendelson moved to adjourn the meeting at 10:41 a.m. Member SvenstW seconded the motion, which passed unanimously. APPROVED: Carol Stern, Chair 12-a« "i Michael Kassower, Vice Chair Ilynelendelson, Board Member William Svenstrup, oard Member TOWN SEAL ATTESTED: Alal� Oab� -C , Valerie Oakes, CMC Deputy Town Clerk Date: 0� T ErJ, b I+ To: Carol G. Stern, Ck i, AWdand Beach Planning Board From: David Stern, Chair, $ord of Adjustment and appeals CC: Valerie Oaks, DMuty Town Clerk n: Highland Bead S vftec Play Septe9mba 12, 2011 I see as the number one opportunity for the town of Highland Beach in the development of our Strategic Plan is to promote our town as the "state of the art" example of why people live here. By promoting and selling our image and attributes it would increase the demand of people wanting to live in this town. The results would be increased properly values and increased tax revenues. We should promote among other attributes: - Great location . - Great services - Great Security - Great Value We should invest in both a bum and volunteer publicity release arms of the town to execute a carefully planned per• A specific suggestion for the Board of Adjustment and Appeals which could apply to other Boards as well is: Training — A video should be produced and distributed (can be through electronic mail) that covers the Rules, regulations and guidelines for all Board members as it relaxes to the responsibilities and duties of that Board. Valerie Cakes 4OFF We&WWW, Sepiet� 21, 20„ 2.57 PM es Subject: ftalegic Plan To: Valerie Oaks, Deputy Town Clerk Sept. 21, 2011 From: William Svenstrup, member of the Planning Board Re: Highland Beach Strategic Plan Cc: Mayor Bernard Featherman, The Highlander is a quarberfy publication ion produced by the Town of Highland Beach. The articles and features are informath a and well written. It includes current everts, a caleridar of up corning events and important information for the residents of Hid Beach. f ti �- f f •. 'f !:'I.f f • � • f �l�Y f �• _ .� - �• • • 17,. >r., f:,.r 1. Publishing it every month will keep the public more aware of up coming evenft timely notice of problem and actions that should be taper. Wft could include articles found In newspapers that don't include Highland Beach but may have relevance to us. 4. A Police Blotter with the type and nwttbers of crimes, and the number and types of auto accidents. 5. A Fire Department Log with the number of fine cells and the number of aided cases, etc. 6. The Water District with the number problems encountered. 7. Code Fffaament, the number and the types of complaints. 8. Public comments (like letters to the editor). 9. A Question and Arswer column The cost could be controlled by prig it on different paper stock. Letting residents opt to recehfe it by email. And yes let them opt out all together if they do not want it sent to them at all. 60-Year-M Mom Looks 27 Mom Reveals Flee Wrinkle Trick That Has Angered Doctors! http://thirdpartyoffers.uno.cmvTGL3131/4e7a33elcicdl664677sto1vuc 0 E�Y,66,i C A MEMORANDUM N TO PLANNING BOARD FOR THREE-YEAR STRATEGIC PLAN DATA OCTCOER 11, 2D11 At the Regular Meeting of the Beaches and Shores Advisory Board held October 11, 2D11 the Board's recordation to the Pianning Board for the Town's Three -Year Strategic Plan is as follows: Provide safety for the residents of E%hland Beach along the Intracoastal Waterway. ,he Board memos agreed that polimg along the Intel Waterway in Highland Beach is necessary t D ensure the safety of the residents as well as protecting the seawalls and .I .9 oves. They are recoaa'ending that C13ief I-lartmann contact both Boca Raton and Delay Beach to see if there could be a joint effort in policing the waterway for aa& imately 16 hours a week using most of these hours during the weekends and holidays when there is the most boat traffic. The Board feels that combining forces with these two rnvniapalities would be the most cost effective way for Highland Beach to move forward with this plan. Sincerely, RS/rdm CC: Beaches and Shores Advisory Board Members