Loading...
2019.01.09_PB_Minutes_Regular • TOWN OF HIGHLAND BEACH PLANNING BOARD MINUTES Town Hall/Commission Chambers Date: January 9, 2019 3614 South Ocean Boulevard Time: 9:30 AM Highland Beach, Florida 1. CALL TO ORDER: Chairperson David Axelrod called the Regular Meeting to order at 9:30 AM. Chairperson Axelrod congratulated Rhoda Zelniker on her appointment as Mayor and Barry Donaldson on his appointment as Commissioner. He expressed his condolences to the Feldman family on the passing of Mayor Carl Feldman. PRESENT UPON ROLL CALL: Board Member Evelyn Weiss Board Member Peter Rodis Board Member John Boden Board Member Warren Lewis Vice Chairperson Michael Kravit Chairperson David Axelrod Town Attorney Brian Shutt Deputy Town Clerk Terisha Cuebas The Board Members led the Pledge of Allegiance. 2. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Chairperson Axelrod added "Discussion on getting out information on Ocean Walk and More" as Item 7B. Vice Chairperson Kravit suggested posting information regarding the project on the website. MOTION: Member Lewis moved to accept the agenda as amended. Vice Chairperson Kravit seconded the motion, which passed unanimously. 3. PUBLIC COMMENTS AND REQUESTS: Commissioner BgM Donaldson, former Planning Board member commented on pending items regarding the Coastal Management Program. It is important to have a pre-amble to the document. There is one map in there and there may be reasons to add others. He suggested considering a measurement schedule. Commissioner Riesa spoke with Dr. Kim Delaney asking her if she could give handouts to the residents at tonight's meeting explaining the facts of Ocean Walk and More Planning Board Regular Minutes Wednesday,January 9,2019 Page 2 of 8 including the facts that define the difference between the FDOT study and our new possible drainage plan so people could understand clearly which way they were voting for. She asked Dr. Delaney to explain what is meant, "not to exceed" in the addendum. She provided comments regarding the Natural Resource Preservation Board and the Planning Board making a coordinating effort to come up with suggestions regarding the Coastal Element Plan. 4. PRESENTATIONS: A. Floodplain and Sea Level Rise By: Building Official Jeffrey Massie Building Official Jeffrey Massie gave a brief description of his credentials and background regarding today's topics. He gave a PowerPoint presentation on the following: • FEMA—What is it and what do they do. • National Flood Insurance Program — Created in 1968 to reduce flood-related disaster costs to the U.S. Government • What are we doing? — Highland Beach adopted the State Model Floodplain Ordinance in August of 2016 with minor modifications. • Local Requirements under NFIP • Local Flooding Sources — (1) Tidal Surges associated with Hurricanes (Atlantic Ocean) and Lake Worth and the Intracoastal Waterway. (2) Surface flooding due to heavy rain. • NFIP policies at present—4123 total policies in effect in the Town. • Insurance Overview. • Reducing Flood Risk when elevating is not an option. • Devastation in Mexico Beach by Hurricane Michael. • Larger Floods can and will occur—Because FEMA says so! • Seal Level Rise and NFIP. • Meteorologist forecast of weather. • NHC (National Hurricane Center) has an average error of 180 miles in 5 days. How reliable are climate projections in 50 years? • Unified Sea Level Rise Projections • What Broward County is doing? • Broward Seawall Problems. • USACE Coastal Flood Modeling Data. • Broward Seawall and Flood Barrier proposed policy. • How does Highland Beach Compare to Broward? — We are in a pretty good place presently regarding projections from the Florida Southeast Regional Climate Change Compact of 2015. • Engineering Study May be Needed. • Our Comprehensive Plan includes provisions for Sea Level Rise. Planning Board Regular Minutes Wednesday,January 9,2019 Page 3 of 8 Member Lewis asked what are our opportunities to improve. Building Official Massie responded that the biggest opportunity is regarding stormwater management. FDOT has analyzed the issues and offered some solutions. The Commission is going for a bond referendum to present some solutions specifically for that. Vice ChaiEperson Kravit concurred that the biggest issue in this community is stormwater drainage. Florida has always been above or below water at certain points in geological history. He asked what is the life of a reinforced concrete seawall that has been installed on a resident's home site. Building Official Massie replied that the average life span on the rubble rock walls is 40 to 50 years. The newer seawalls that are being installed have a longer lifetime than 40 to 50 years. Vice Chairperson Kravit suggested that our ordinance should state that any new walls being constructed should be at a higher standard. Building Official Massie concurred. Member Weiss thanked Building Official Massie for his presentation. Member Boden asked Building Official Massie if there are some issues he would like to know more about in the Town. Building Official Massie provided comments regarding new construction and referred to a Hydraulic and Hydrologic Study, which could be done specifically as a Town, but may not be dollars well spent since there is a new flood insurance study that was done for the entire county. He explained that from a flood plain standpoint, the Town is doing a fair job in reviewing and holding people to the elevation requirements. Chairperson Axelrod thanked Building Official Massie for his excellent presentation. He referred to the Policy 1.32 of the Coastal Management Plan. Building Official Massie commented that he made some recommendations to the Town Planner concerning the coastal element. Chairperson Axelrod explained that if there are any ordinance changes, both the Commission and the Planning Board would ask for his suggestions. 5. APPROVAL OF MINUTES: A. December 12, 2018—Regular Minutes MOTION: Member Rodis moved to accept the minutes from December 12, 2018 as presented. Member Weiss seconded the motion, which passed unanimously. 6. OLD BUSINESS: A. Review and Approve the Comprehensive Plan Coastal Management Element. Town Planner Mary McKinney_ introduced this item. She explained that changes were made based on Commissioner Donaldson's recommendations. He wrote a preamble and there is not one in today's Comprehensive Plan. Marty Minor of Urban Design Kilday Studios explained the changes made to the Coastal Management Element since the last Planning Board meeting. The changes made are as follows: Planning Board Regular Minutes Wednesday,January 9,2019 Page 4 of 8 1. Goal 1 was revised to add, "chronic flooding" to the impacts the Town will seek protection from in its coastal management policies. 2. Policy 1.1.6 was modified to add "beach re-nourishment or other means" at the end of the sentence discussing actions to be studied for shore protection measures. 3. Policy 1.3.2. was revised to add, "chronic flooding" as a topic for study. The policy was also revised to provide definitions for "sea level rise" and "chronic flooding." The policy was also expanded to either have the Town study or participate in a regional study of the vulnerabilities for sea level change and chronic flooding. 4. Policy 1.5.1. was revised to include "on-site water retention" as one of the possible enhancements to the Town's stormwater drainage system. 5. Objective 1.6 was modified to eliminate the reference numbers and add a general reference to other redevelopment efforts in addition to post-disaster redevelopment. 6. Previously proposed Policy 2.3.2. was eliminated as it duplicated much of Policy 1.5.3. 7. Policy 3.6.1. was revised to have the Town continue to implement the green building standards found in the Florida Building Code. 8. Policy 3.6.2. was revised to have the Town encourage limiting greenhouse gases within the community. 9. Goal 4 was revised to encourage mitigation strategies to stop chronic flooding instead of reducing the risk of flooding. He incorporated Commissioner Donaldson's comments and has no concerns regarding the preamble. It was well written. Member Boden suggested the following: • Policy 1.3.2, after the word "sea level rise" it should read "affected by water releases by the Lake Worth Management District" • Add flooding to Items C, E and F. • In 1.5.2, move sea level rise to the list of the associated items. • Goal 3, 3.1 — how can construction impact sea level rise. Sea level rise affects construction. Vice Chairperson Kravit asked to see a copy of Commissioner Donaldson's preamble. He commented on the following items: • Under 1.3.2, the term chronic flooding is described as a flooding event that occurs a minimum of 26 times per year. He suggested it be tied to the 100-year storm. It needs to be a bit more specific or not as restrictive. • He agrees with Objective 3.1, sea level rise. • In Policy 3.1.5, stormwater flooding needs to be incorporated into the policy. • He questioned 3.6.1, green building standards, and suggested it be referred to as energy efficiency standards which is the terminology being used under the newer version of the Florida Building Codes. • In Policy 3.6.2, he asked if it could be defined in more specific terms. How do we need to limit car trips and whether it is appropriate for our Town? Mr. Minor explained that the Town could encourage the walking, the pathways. Planning Board Regular Minutes Wednesday,January 9,2019 Page 5 of 8 Member Lewis suggested there be more measurements. He questioned when this document was compared to other municipalities, what was his assessment. Mr. Minor explained that for the size of Highland Beach, we are equal to all those other best practices. Member Lewis asked if there are other municipalities that go beyond the current State Statutes in Florida that we should look at. Mr. Minor explained that every town has its own concerns and situations they have to address. The first step is studying what the local issues are and then developing the strategies from that. Chairperson Axelrod commented on Policy 3.6.2, reducing the number of vehicles. The Town has no control over that. It is a State road and controlled by FDOT. He suggested approving with the additions and then sending it to the Commission for final approval. MOTION: Member Boden moved to approve the Comprehensive Plan Coastal Management Element. Member Rodis seconded the motion. UPON ROLL CALL: Member Boden - Yes Member Rodis - Yes Member Lewis - Yes Member Weiss - Yes Vice Chairperson Kravit - Yes Chairperson Axelrod - Yes Motion passed on a 6 to 0 vote 7. NEW BUSINESS: A. Discussion on the Florida Department of Transportation (FDOT) 2016 Drainage Evaluation Report. Requested by Member Boden. Member Boden introduced this item. He asked the following questions: • What is the effectiveness of this system if it was partially or completely implemented; resolve the problem 20%, 30%or 50%. • Does the Town have in-force codes and regulations relating to the swale area? • Are there any rules or regulations presently on our books regarding the swale area or is it strictly FDOT? • If we have them, are they being enforced? • If not, should we have them and hopefully we would incorporate for the maximum use of pervious surfaces. Vice Chairperson Kravit agreed with using pervious materials wherever possible. FDOT does not have the budget or the staff to enforce maintenance and it would be up to the Town to enforce. He commented on homeowners being negligent when putting in driveways. Planning Board Regular Minutes Wednesdav,January 9,2019 Paae 6 of 8 Chairperson Axelrod explained that homeowners are responsible for maintaining their own swales. B. Discussion on getting out factual information on the Ocean Walk and More Project by Chairperson Axelrod. (THIS ITEM WAS ADDED TO THE AGENDA) Chairperson Axelrod introduced this item. He is concerned that many residents are looking at this project as a $45 million project. Hopefully it will not be that amount. He has received emails from the public regarding many concerns such as traffic, congestion, what will it do to the housing market, how long will it take, will it infringe on the swales and will there be litigation and many more questions. There are many items that can be eliminated from the project that will bring that number down. He asked for suggestions from the Planning Board members. Member Rodis commented on the fact that FDOT never agreed to spend any serious money and questioned whether they would spend the money this time. Chairperson Axelrod replied "no". FDOT will pave the roads and the rest is up to the Town. Member Lewis is in favor of the project in its entirety. He commented on the $45 million, which seems to be the major factor in this project. The public needs to be educated as to the long-term benefits of this project. Most of the residents in his building, Boca Highlands, read the Coastal Star. The majority of the people do not look at the website or the meetings. He suggested getting the printed information out to the public; such as the Coastal Star, Board of Director's meetings at the various HOAs and continue doing this until the election and approach this as a marketing campaign. Vice Chairperson Kravit concurred with Member Lewis. He referred to an article written in the Coastal Star, which he was not in favor of. The drainage issue must be resolved even if the referendum is voted down. He provided comments regarding the underground wiring, which would be a plus to the Town; especially for aesthetic purposes. When FDOT does their RRR program for the roadway, they do incorporate the cost of sidewalks and curbs. Member Weiss was in favor of the project. It is important to look to the future. She suggested having a representative come to the condominium meetings to explain the project and answer questions before the election. Member Boden wanted to be sure that the maximum amount of truthful honest information is provided to the residents. Town Manager Labadie explained that all the information is on the website and they are actively working on a way to more clearly explain the cost and what taxable value is. There will be information in the winter addition of the Highlander. He explained that Town dollars cannot be used to promote. All the Town can do is provide the facts and figures. Mailers will be provided to the voters that will explain the benefits and the series of improvements. It is important that the facts are presented clearly. Planning Board Regular Minutes Wednesday,January 9,2019 Page 7 of 8 Chairperson Axelrod commented on some of the resident's concerns, such as how long will it take and how is it going to affect us. It is important to get this information out sooner than later. Town Manager Labadie explained that there are three ballot questions. One does not necessarily kill the other. No one knows about a lawsuit. We will not take any illegal action or do something that compromises the Town in any fashion. The length of the project will depend on what gets approved on the ballot. We will try to minimize the disruption. Chairperson Axelrod asked Vice Chairperson Kravit how much of the sidewalk is covered by FDOT? It is listed as part of the $45 million. Vice Chairperson Kravit mentioned that Dr. Delaney would be the person to answer that question. Discussion ensued regarding the necessity to have a contingency clause and the disruption this project could cause. Vice Chairperson Kravit explained that it is important that we do the drainage. Member Lewis suggested any documents sent to the residents should be in a question and answer form. Commissioner Donaldson explained that AIA is going to be redone and there will be disruption. This is a great opportunity for the Town to do all these improvements at once. The Town needs a point person collecting comments and get good answers back into their hands. Mayor Zelniker provided comments regarding how hard she worked for four years to lower the millage rate, and the reason for the slight increase this year was because of the fire rescue services. She explained that the Coastal Star is not supporting this project and that maybe Highland Beach has to have its own newspaper. She mentioned conversations she has had with residents who voiced their concern that they might not be in Highland Beach in 20 or 30 years, and their property taxes will go up. A good portion of the people she has spoken to are in favor of this project. This is for the future of the next generation. I encourage the residents to come to the meeting this evening. Commissioner Riesa explained that the most important thing is everyone has the facts. She provided comments regarding the necessity of obtaining a bond. She suggested a letter to the editor of the Coastal Star would be a good way to go and send a comprehensive fact sheet to address the facts. Chairperson Axelrod asked if there were going to be questions and answers at the meeting or just a presentation. Town Manager Labadie explained there will be questions and answers as well as a presentation. Vice Mayor Nil a clarified that there is going to be a presentation at tomorrow's meeting as well as questions and answers. This meeting is not a debate. It is more of an informational piece and presentation. She has talked with several residents about facts. The facts are FDOT is not in the business of doing the stormwater drainage. It is up to the municipality. They are in the business of putting in the road, which they are going to do, and they will put in bike lanes as well. It is not an option. Regarding the Planning Board Regular Minutes Wednesday,January 9,2019 Page 8 of 8 stormwater, she spoke to the engineer who explained that the reason for the flooding on the east side of the road is that we have clay, which is not permeable. He explained the swale system that we currently have, even if it was fully functionable, would not be able to move the 88 acres of water for a 25-year storm flood based on eight (8) inches of rain. It does not have that capacity. We need a stormwater system and we need to make sure it gets done. FDOT is still in negotiations. Chairperson Axelrod suggested that the information Vice Mayor Nila just presented must get out to the residents. These are facts and they are important. Vice Chairperson Kravit concurred with Chairperson Axelrod. Member Boden provided comments regarding the Commission separating this project into three separate parts. C. ADJOURNMENT: There being no further business, Chairperson Axelrod called for a motion to adjourn the meeting at 11:15 AM. MOTION: Member Lewis moved to adjourn the meeting at 11:15 AM. Member Weiss seconded the motion, which passed unanimously. APPROVED at the March 14, 2019 Planning Board Regular Meeting avid Axelrod, Chairperson ATTEST: Transcribed by: Rosalie DeMartino �wnoelda Gaski s, MMC Date Clerk