2019.03.14_PB_Minutes_Regular• TOWN OF HIGHLAND BEACH
- * PLANNING BOARD MINUTES
Town Hall / Commission Chambers Date: March 14, 2019
3614 South Ocean Boulevard Tim^: 9:30 a.m.
Highland Beach, Florida
1. CALL TO ORDER:
Chairperson David Axelrod called the Planning Board Meeting to order at 9:30 a.m. He welcomed
and congratulated Ms. Evalyn David as a new City Commissioner.
2. PRESENT UPON ROLL CALL:
Board Member Harry Adwar
Board Member John Boden
Board Member Warren Lewis
Board Member Evelyn Weiss
Vice Chairperson Michael Kravit
Chairperson David Axelrod
ABSENT: Board Member Peter Rodis
3. PLEDGE OF ALLEGIANCE:
The Board Members led the Pledge of Allegiance.
4. APPROVAL OF THE AGENDA:
Chairperson Axelrod stated there was a correction to the agenda Item 6A, Approval of Minutes;
the date should be January 9, 2019, not January 24, 2019. He indicated a change to Item 8D: the
referendums would not be discussed; rather he wished to discuss the Planning Board's plans for
the future.
MOTION: Member Lewis moved to accept the agenda as amended. Member Weiss seconded
the motion, which passed unanimously.
5. PUBLIC COMMENTS:
Chairperson Axelrod indicated there would be opportunities for the Public to comment throughout
the Board Meeting. He asked if there were any public comments which were not related to Agenda
Items. There were none.
Planning Board Regular Meeting Agenda
March 14, 2019 Page 2 of 13
6. APPROVAL OF MINUTES:
A. January 9, 2019 Regular Minutes
Chairperson Axelrod asked if there were any corrections to the January 9, 2019 Regular Minutes.
Member Lewis stated he was present on January 9, 2019, his name was not included on the list of
those present in the minutes. Chairperson Axelrod called for a motion to approve the January 9,
2019 Regular Minutes as amended.
MOTION: Member Adwar moved to accept the January 9, 2019, Regular Minutes as amended.
Member Weiss seconded the motion, which passed unanimously.
7. OLD BUSINESS:
There was no Old Business.
8. NEW BUSINESS:
A. Welcome Harry Adwar, New Board Member
Chairperson Axelrod welcomed Board Member Harry Adwar to the Planning Board. Member
Adwar noted he had been a resident of Highland Beach for 31 years, had worked with several
Highland Beach Mayors in the past, and looked forward to making Highland Beach a better place
in the future.
B. Proposed Resolution/Release Of Unity Of Title
Resolution of the Town Commission of the Town of Highland Beach, Florida, approving a
release of unity of title for properties located at 3921 and 3906 South Ocean Boulevard;
presented to the town by attorney Johnathan Blum Esquire, representing Michael Rothberg
and providing for an effective date.
Town Planner Mary McKinney stated this matter was reviewed by the City Commission and it
was decided this matter should go before the Planning Board for advisory recommendations. She
explained on December 20, Mr. Michael Rothberg, who owned the property at 3833 and 3906
South Ocean Blvd., submitted a letter requesting a Release of Unity of Title for properties located
at 3921 and 3906 South Ocean Blvd., which was executed in 1998. She reported the property at
3906 South Ocean Blvd. was not contiguous to the property at 3921 South Ocean Blvd. She
explained being contiguous was a requirement of the Town's Code of Ordinances in order to have
a Unity of Title. She continued the vacant property at 3906 South Ocean Blvd. had a dock, which
was only allowed for accessory use to a principle residence which did not exist on the property.
She stated Mr. Rothberg proposed to build a principle residence on the 3906 South Ocean Blvd.
property within five years as a condition of obtaining the release of Unity of Title and use the dock.
She reported Staff added the condition requiring Mr. Rothberg to provide $10,000 to the Town of
Highland Beach as a good faith deposit signifying he would build the principle residence within
five years; however, Mr. Rothberg did not agree with this condition. She noted Mr. Rothberg
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March 14, 2019 Pa$te 3 of 13
asked the Town to request FPL release power to the dock within one day of executing the
agreement. She indicated Staff strongly disagreed with this condition as Staff believed the
electrical work at the dock should be inspected prior to power being released to the dock as a
Public Health and Safety concern. She stated Staff added the condition that the Town Attorney
must approve the Release of Unity of Title prior to it being executed by the Town. She reported
Staff was making revisions to the Release and would provide the revisions to the applicant upon
completion. She stated at the March 5, 2019 Commission Meeting the Town Commission voted
to send the request to the Planning Board to be reviewed. She listed the documents attached to
this Item for the Planning Board's review.
Member Lewis stated he reviewed the provided information and asked, if approved, what exposure
the Town would have regarding 3921 South Ocean Blvd. Town Planner McKinney responded the
town would have no exposure. Town Attorney Brian Shutt stated there was no issue with 3921
South Ocean Blvd.; the issue was with 3906 South Ocean Blvd. (the property with the dock).
Member John Boden asked if the dock was in violation of code. Town Planner McKinney
responded the dock was a nonconforming use per Code; however, the Town had issued a permit
for the dock. Vice Chairperson Michael Kravit asked if the dock was built subsequent to the Unity
of Title or prior to the Unity of Title. Town Planner McKinney indicated the dock was built after
the Unity of Title. Vice Chairperson Kravit asked if the dock was currently a conforming use.
Town Attorney Shutt responded in the negative; the current property owner did not own the
property immediately across A 1 A from 3906. Vice Chairperson Kravit asked if a nonconforming
use was allowed to remain according to the zoning ordinance. He asked if the physical condition
of the dock was structurally sound. Town Planner McKinney responded typically towns did
nothing about nonconforming uses; however, permits would not be granted to expand on the
nonconforming use. Vice Chairperson Kravit stated it sounded as if a legally nonconforming use
was allowed to remain. Town Planner McKinney stated the Town had not inspected the dock to
verify structural integrity. She stated Staff wished for the dock and its electrical work to be
inspected prior to releasing power to the dock. Vice Chairperson Kravit asked if the Town had
requested permission to inspect the dock. Town Planner McKinney responded in the affirmative;
the request was included in the Proposed Resolution. Member Lewis asked if this situation would
be better served if taken to court from a legal perspective. Town Attorney Shutt responded there
were other legal remedies, such as Quit Title action or Declaratory Relief action, which could be
taken in court; however, if this matter went to court the Town would be bound by the court's
decision. He noted the Unity of Title document indicated it could only be released by Town
Commission vote. He stated he felt the dock was an illegal structure as it was not attached to the
property across the street, but the property owner was trying to bring the dock into legal
conformity.
Mr. Michael Rothberg stated he owned the house at 3833 South Ocean Blvd., which was
diagonally across the street from 3906 South Ocean Blvd. He stated the property in question had
a clouded titled. He stated the Town indicated the Unity of Title did not exist, it was invalid. He
stated he wished to resolve the title issue amicably and wished to avoid court at all cost. He
indicated he had offered to provide the $10,000 good faith deposit if the Town would call FPL and
authorize the power connection. He reported the Town had inspected the dock; he directed the
Board's attention to the copies of the electrical permit, the sign -off, etc., from January 2018. He
stated he felt as if selective enforcement and discrimination was being applied to him as this
Planning Board Regular Meeting Agenda
March 14, 2019 Page 4 of 13
situation had previously gone unchecked for 20 years and no previous owners were required to
bring this nonconforming dock into conformance. He stated Staff advised him to fill out the
paperwork and attend certain meetings and the situation would be resolved. He noted he only
wanted free and clear use of what he owned. He stated his neighbors gave him pushback,
indicating he knew there was Unity of Title, but the Unity of Title indicated it could be released
by the Town Commission. He commented his neighbor was worried that a boat at the dock would
block his view; however, he felt his neighbor should have bought the property if this was a concern.
He stated he owned the dock; he should be able to dock a boat at this location. He asked for the
Planning Board to recommend approval. He noted this property would now become taxable; it
had not been taxed in the past. He indicated the paperwork was complete and stated he would
build a house within 30 months once the permits were issued.
Member Boden asked about the dock inspection. Mr. Rothberg indicated he had never been asked
if the Town could inspect the dock, only to re -inspect the power which he noted had already been
inspected and approved. He stated Staff requested him to submit a new permit for electrical which
he felt was an undue burden and unnecessary as it had been approved in January 2018. Member
Boden asked if this became an issue would Mr. Rothberg mind if the Town inspected the dock.
Mr. Rothberg responded in the negative; the Town could inspect the dock. Vice Chairperson
Kravit asked why the dock needed power. Mr. Rothberg responded the dock needed power for the
boat lift.
Chairperson Axelrod opened the meeting for Public Comments.
Mr. Alan Polin stated his address was 3912 South Ocean Boulevard in Regency Highland. He
stated he wondered if the Town Commission was the right forum for Mr. Rothberg to seek the
legal remedy for his problem. He stated the State of Florida abided by "caveat emptor" or "buyer
beware" which was one of the fundamental anchors in Florida Law governing the purchase of real
property. He stated he suspected Mr. Rothberg was disingenuous. He noted Mr. Rothberg was an
intelligent and successful man, this was not the first property he had purchased in his lifetime, and
he should have reviewed public records prior to property purchase on the ocean side and should
have been aware of the Unity of Title. He reported the Unity of Title document had clear language
which indicated the two properties, the Spiegel property, and the 3906 property (the Title
Mangrove Wetlands property) which was pristine, were inextricably tied together. He reported
Town Code did not have any language in it which authorized the Town to take any action relative
to a release. He explained this meant the Town Commission did not have the legal authority to do
what Mr. Rothberg was asking. He stated he believed it was high time the Town started to operate
on the basis of doing what the rule of law said rather than attempting to please individuals. He
stated if Town Ordinance did not have any express language in it which gave the Commission the
legal right to release a Unity of Title there was no point in holding this Meeting. He reported the
Town Attorney indicated the current dock was an illegal nonconforming use which meant the dock
should not exist and the Town had the right to demand the dock be removed. He reported the
Town Attorney indicated the Planning Board should not be asked to give advice regarding this
matter. He indicated he believed the Planning Board should direct the Mr. Rothberg to court
regarding this matter. He stated he believed $10,000 dollars was not a large enough good faith
deposit; the Town should ask for $100,000 dollars to cover possible litigation costs. He asked the
Town Commission, if it were to recommend approval, to shorten the timeframe to build a home
Planning Board Regular Meeting Agenda
March 14, 2019 Palle 5 of 13
from five years to two and a half years. He proposed a new form of checklist to employ as a part
of current code regulations regarding what documents were required prior to the Town approving
items such as these; this list included a boundary survey, a legal opinion relative to the status of
ownership rights, etc.
Mr. Jack Halpren stated his address was 45 Ocean. He asked where Mr. Rothberg's boats were
moored currently. He asked what the size of the existing dock was and would the dock be large
enough for his boats. He asked if he understood correctly the dock could not be used until the
guest house was constructed. He stated he did not understand the situation and asked for clarity.
Commissioner Evalyn David asked how long it would take to get a permit to build a home on
wetlands. She stated she understood the Federal Government had fairly strict regulations regarding
the use of wetlands and she believed it was possible the Federal Government would not allow
construction on the property. She stated she believed five years was too long and asked the time
requirement to build a home on the property be reduced to 30 months. She noted if the Unity was
dissolved Mr. Rothberg would be in violation and would be charged daily fines. She requested
the Town Attorney to research the situation and determine if Mr. Rothberg would be permitted to
build a home on this property.
Ms. Ilyene Mendelson stated her address was 3740 South Ocean Blvd. She asked how the Golden
City Highland Beach Property construction would impede Mr. Rothberg's construction.
Mr. Rothberg reported his boat was a 39 foot boat and would not be docked in this location
regularly. He stated he kept his boats at the Boca Raton Resort and Hotel. He stated the boat lift
had an 18,000 pound weight limit which was sufficient for his boat. He reported he would
eventually install a new boat lift, as the boat lift was old, but without power he could not test the
lift. He stated he would agree to the 30 month time limit, as long as it was from the point of permit
grant as permits could take an unknown about of time to obtain. He noted, in regard to Golden
City, he was not connected to this group, but he worried the project could slow his construction
due to resident's objections and the possibility of residents grouping him together with this Golden
City.
Town Attorney Shutt reported he never indicated to Mr. Rothberg he could simply fill out some
forms and everything would be approved. He stated it was expressed to Mr. Rothberg there were
certain steps which needed to be taken, but approval was uncertain. He stated in response to Mr.
Polin's remarks it was not illegal for the Town Commission to take action on this item as the Town
Commission had "home rule power" which indicated if the Commission was in accordance with
Code, or Code did not prevent the Commission from doing something, then the Commission had
the right to take action. He explained normally Unity of Titles, when issued, had a sign off from
the Building Official or the Town. He noted Mr. Rothberg would be permitted to use the dock
once the Agreement was executed; he would not be required to wait until the home was
constructed. He noted at the end of the five year period, if the home was not constructed, then Mr.
Rothberg would be in violation of Code and Code Enforcement action would be taken. He reported
the Agreement indicated Code Enforcement action would not be taken against him during that five
year period.
Planning Board Regular Meeting Agenda
March 14, 2019 Page 6 of 13
Vice Chairperson Kravit stated he believed if the dock was currently an illegal nonconforming use
the Town had the right to order the dock to be demolished. He stated as the Unity of Title was
executed and recorded, the Commission had the right to release it and the Planning Board had the
right to make a recommendation. He stated he felt if an individual wished to dissolve a Unity of
Title, and said individual owned the property, then said individual had the right to dissolve the
Unity of Title; however, he believed the dock was a nonconforming use and needed to be removed,
or there needed to be a time frame in the Agreement in reference to this.
Member Lewis noted he appreciated the feedback received during the Meeting. He stated he did
not understand why there was a contentious view regarding use of a dock which was approved in
January of 2018. He stated there was much legal language in need of address regarding this
Agreement. He stated he preferred to approve the Release of the Unity of Title and allow Mr.
Rothberg to move forward. He recommended a hard look from a legal perspective to prevent
future litigation regarding this matter. He stated he did not understand the conflict in this situation
other than the legal language involved. He noted laws sometimes needed to be changed to reflect
current situations.
Member Weiss agreed with Member Lewis; however, she stated she was on the Board of
Adjustment when this property was discussed many years ago and she wondered if she were
eligible to offer her opinion and vote regarding this matter. Town Attorney Shutt asked if this
matter inured Member Weiss's financial gain or loss, or the financial gain or loss to any of her
relatives. Member Weiss responded in the negative. Town Attorney Shutt indicated there was no
conflict.
Member Boden asked Town Attorney Shutt to speak regarding the Commission's right to authorize
a Unity of Title. Town Attorney Shutt explained the Commission had the authority to grant Unity
of Title. He stated the Unity of Title form indicated it must be approved by the Town Attorney
and most Unity of Title forms included a section which indicated the release of a Unity of Title
was required to be approved by the Commission or a Town Official. He explained a Unity ofTitle
was a local document and was not something the State reviewed or even the Tax Collector; a Unity
of Title was for zoning and building purposes only, not necessarily tax purposes.
Chairperson Axelrod stated he was unsure if the Planning Board should vote regarding this item.
He stated he felt this was more of a legal matter. He stated there were mangroves on this property
which would be a Florida South Water Management issue and environmental groups would have
issue with their removal, and as a result he wondered if reducing the time requirement to 30 months
would be problematic. He stated he believed this should have gone before Code Enforcement not
the Planning Board.
Vice Chairperson Kravit stated a building permit was issued to a property owner as a license to
construct improvements in accordance with building codes. He noted he was concerned when a
permit was not closed out, or when building officials failed to close a permit, as he felt this put the
building officials in violation of their own license agreement. He asked if the permit for the
electrical work for the dock was brought before the Planning Board, or if it was required to come
before the Planning Board. He stated he believed the permit needed to be closed out regardless.
Planning Board Regular Meeting Agenda
March 14, 2019 Pale 7 of 13
Member Lewis stated he would make a motion to recommend to the Commission the Unity of
Title be abolished. He stated he believed the Planning Board was getting caught up in legal matters
which extended back for many years and was loosing sight of what was trying to be accomplished
here.
MOTION: Member Lewis moved to recommend to the Commission approval of the relief of
the Unity of Title. Member Weiss seconded the motion.
Chairperson Axelrod asked if there were comments regarding the motion.
Vice Chairperson Kravit stated he could not support the motion as he did not believe this was an
issue for the Planning Board to decide. He stated he believed it should be sent back to the
Commission.
Chairperson Axelrod asked if there were any further comments. There were none. He called for
a vote.
UPON ROLL CALL:
Member Lewis -
Yes
Member Weiss -
Yes
Member Adwar -
No
Member Boden -
No
Vice Chairperson Kravit -
No
Chairperson Axelrod -
No
Motion failed.
Chairperson Axelrod called for a motion to send this Item back to the Commission and/or the Code
Enforcement Board for further study.
Town Attorney Shutt asked about the motion as this matter would go back before the Commission
regardless. Chairperson Axelrod explained the Planning Board did not wish to make a
recommendation. He believed this matter should be decided by the Commission with possible
input from the Code Enforcement Board. He stated this was not a matter for the Planning Board
to decide or recommend; this was a Code issue. Member Lewis stated the Planning Board needed
to be clear about this, as he felt it sounded as if the Planning Board wished to "pass the buck' to
Code Enforcement. Vice Chairperson Kravit asked the Town Attorney or Town Clerk to read the
charge of this Board regarding responsibilities and purposes. He stated he did not believe it was
in the Planning Board's purview to determine whether or not Unity of Titles should be dissolved.
Town Attorney Shutt stated the code did not specifically address reviewing a matter such as this,
however, the Commission had the authority to direct certain items to other boards. He noted the
Planning Board could make the decision that the item was not within the Planning Board's
purview.
Planning Board Regular Meeting Agenda
March 14, 2019 Palle 8 of 13
AMENDED MOTION: Member Adwar moved to send this Item back to the Commission
and/or the Code Enforcement Board for further study as this Item
was not within the Planning Board's purview. Vice Chairperson
Kravit seconded the motion.
UPON ROLL CALL:
Member Adwar -
Yes
Vice Chairperson Kravit -
Yes
Member Boden -
Yes
Member Lewis -
Yes
Member Weiss -
Yes
Chairperson Axelrod -
Yes
Motion carries with a 6 to 0 vote.
C. Election of Officers
1. Chairperson
Chairperson Axelrod called for nominations for Chairperson.
MOTION: Member Lewis moved to nominate David Axelrod as the Chairperson to the
Planning Board for a one-year term. Member Weiss seconded the motion, which
passed unanimously.
2. Vice Chairperson
Chairperson Axelrod called for nominations for Vice Chairperson
MOTION: Member Lewis moved to nominate Michael Kravit as the Vice Chairperson to the
Planning Board for a one-year term. Member Weiss seconded the motion, which
passed unanimously.
D. Actions Moving Forward
Chairperson Axelrod asked the Planning Board to discuss possible actions moving forward. He
stated following this discussion he would open the Item for Public Comment.
Member Adwar stated the south area entrance had lighting fixtures which were insufficient. He
stated it was too dark at night to see anyone crossing which was very dangerous. He indicated he
was in favor of better lighting and crosswalks. He commented he also wished to see lighting for
the two and a half miles of pathways. He noted he was against the parks.
Vice Chairperson Kravit reported the Planning Board recommended through a motion for the
Commission to implement crosswalk lighting. He stated this was approved and the funds were
Planning Board Regular Meeting Agenda
March 14, 2019 Page 9 of 13
allocated by the Commission; therefore, he believed the Town should move forward with this
immediately. He stated the plans needed to be developed immediately, if not already developed
by Engineering, and brought before the Planning Board for review.
Member Lewis indicated he was for the referendum across the board. He stated he was quite
distraught by the incivility displayed by the Town's residents regarding the referendum. He stated
individuals were entitled to a difference of opinion, but should behave better. He stated he hoped
going forward the Town of Highland Beach would come together in unity and positivity. He
indicated he believed priority should be given to Stormwater Solutions and the Ocean Walk. He
noted when it rained two weeks ago there was some flooding in the area of Milani Park and the
north side of AIA and residents could not walk along the sidewalks. He explained this was
concerning as residents were forced to walking along the bike path which forced bikers into the
car path which was a safety hazard.
Member Weiss stated Highland Beach was a wonderful community and today was a new day. She
stated she believed the Town could work together to make the Ocean Walk project a beautiful
endeavor. She agreed the crosswalks were extremely important. She noted three residents had
been hit by cars due to the lack of crosswalks. She agreed the flooding was also a problem which
needed to be addressed. She encouraged all to forget the past negativity and employ a positive
outlook moving forward.
Member Boden stated he also hoped the negativity could be forgotten and friendly relationships
rekindled. He stated he agreed the crosswalks were necessary. He indicated it was important to
ensure the methods and materials used for the crosswalks achieved the highest possible
effectiveness. He stated while he was not an engineer he had researched crosswalks and lighting
extensively and he felt stutter flash lighting was proven to be highly successful. He explained
stutter flash crosswalk lighting made pedestrians safer as it was easily visible to traffic and enabled
drivers to understand why cars were braking and would reduce rear end collisions. He stated he
believed $45,000 dollars would fund stutter flash crosswalk lighting throughout the Town. He
stated he also wished the Planning Board would move forward in an organized, non rushed study
mode to discover possible drainage solutions to include codes, code violations, necessary code
changes, innovative ideas utilizing pervious materials for sidewalks and driveways, etc. He stated
he believed the Town had time to thoroughly research the possible solutions for the drainage
problem.
Chairperson Axelrod stated the last two Commission Meetings were not civil, but he hoped this
would change and the Commission would begin functioning as a cooperative group. He stated the
crosswalks were approved in the budget, embedded lighting in the streets was not necessary, but a
system which used bright red blinking lights might be a solution. He stated it was important to
contact the Florida Department of Transportation (FDOT) to determine its plans regarding the
roads, swales, bike lanes, etc. He indicated FDOT would not fix swales in front of private homes.
He stated the Town of Highland Beach did not actually have bicycle lanes; bicycle lanes were 4
foot wide clearly marked lanes. He reported Florida law clearly indicated bicyclists had the right
of way on a street where no bicycle lane existed. He stated sidewalk paving could be discussed in
the future. He stated he wished to know what FDOT would do regarding the swales. He stated he
wished to research dry drainage wells as a cost effective drainage solution, as well as rain gardens.
Planning Board Regular Meeting Agenda
March 14, 2019 Page 10 of 13
He noted Code Enforcement needed to address out of code driveways which made the drainage
situation worse. He indicated drainage was a very important issue which needed to be addressed.
He stated there was now a Coastal Management Plan in place and the Town was a member of the
Coastal Program. He noted at the south end of Town there was now a new lake following the
seven inches of rain, with which came mosquitos and disease. He indicated this was a problem
which needed fixing. He noted there were three storm sewers in front of Toscana which were
experiencing drainage problems.
Vice Chairperson Kravit reported he had attended two FDOT meetings and was chastised for
revealing what was discussed. He noted Commissioner Peggy Gossett -Seidman and he were
assigned by the previous City Manager to meet and determine what needed to be done. He stated
there were many falsehoods promulgated during the process. He stated he believed it would be
incumbent to the Town to have Commissioner Gossett -Seidman provide a report as to the
information she received in writing from FDOT as this would explain what FDOT planned. He
reported he asked Commissioner Gossett -Seidman to have the Town Manager invite FDOT to
speak at a Commission Meeting and clearly indicate its intentions as there was much FDOT would
do at no cost to the Town of Highland Beach.
Member Lewis stated he understood this was a very emotional topic, but it was important not to
lose sight of what needed to be done. He noted it was important to let the experts determine the
best solutions which would in turn ensure the best results. He recommended the Planning Board
consult a storm drainage expert regarding specific solutions and suggestions. He stated he believed
it was important to listen to the experts and move forward based upon suggestions from the experts.
Chairperson Axelrod opened this Item for Public Comment.
Mr. Louis Reidenberg stated he lived in Toscana. He stated he served on the Streetscape
Committee in the past with Vice Chairperson Kravit and he recommended reviewing the
Streetscape plans again. He noted FDOT had Town Meetings and he suggested the Planning Board
recommend to the Commission that FDOT send appropriate officials to hold two or three Town
Meetings inviting all residents to ensure transparency and allow all to voice an opinion.
Ms. Ilyene Mendelson stated she lived in Toscana. She agreed the Town should hear directly from
FDOT for transparency purposes. She stated she learned from this experience citizens did not like
voting for large money projects without understanding the project details and without the projects
being properly vetted. She stated these possible projects should involve more Committees rather
than working from the Commission down. She noted Committees should take a hand, gather
experts, and make recommendations regarding the different steps including code enforcement,
bond financing, planning, etc.
Mr. Jack Halpren stated he was a 20 year resident of the Town of Highland Beach. He thanked
the Highland Beach residents who attended the Planning Board meeting. He stated this past vote
was not a divided vote, 95% of the population voted in the same manner, which he felt signified a
unified Town. He stated the Commissioners should govern, not run projects and deal with
consultants; this was the Town Manager's job. He stated the name of the Town was Highland
Beach; other towns could not solve Highland Beach"s problems. He stated Highland Beach needed
Planning Board Regular Meeting Agenda
March 14, 2019 Pate 11 of 13
to take action. He noted a coastal engineering report was completed 3 to 4 years ago which needed
to be the highest priority. He explained he believed the Town was not flooding; it was "ponding."
He stated the Town needed to move forward in enforcing the 2000 -year storm water violations.
He noted there were properties without lawn which caused rain water flow into the street. He
noted the swales with FDOT needed to be addressed. He stated he believed if these two issues
were addressed many of the Town's storm water concerns would disappear. He stated he believed
the Town should beautify the walkway. He stated FDOT and FPL each needed a single point of
contact and the Town needed to appoint an experienced individual to communicate with FDOT,
and maybe even hire a consultant for this purpose. He noted FPL planned to ground the laterals
in Town and the Town needed to meet with FPL to coordinate.
Mr. Ronald Verrin stated he had been a practicing lawyer for 51 years. He stated he did not
understand why the Planning Board did not recommend the Unity of Title issue to go to court. He
stated he believed this was the best course of action and would protect the Town from litigation.
He recommended the Planning Board send all complicated issues to court for this purpose. He
noted he would not sign off on documents without the Court's approval as he had learned this
caused problems in the future. He stated regarding civility: civility was important, but it was also
important to understand freedom of speech. He stated he felt using "civility" to stop an individual
from giving an opinion was wrong.
Mr. John Ross stated he lived in Casuarina. He stated the first thing the Town should do was listen
to the Public. He noted the Public spoke loudly two days ago. He stated the Local Government
worked for the Public and as such should respect and listen to the Public. He stated the crosswalk
issue was over, the project passed, funds were allocated, and the Planning Board should move
forward with the project and complete it. He noted residents in Coronado who walked at night
should wear a white T-shirt to promote visibility. He stated in the future the Planning Board
needed to obtain a consensus regarding possible referendums prior to presenting them to the
Public. He stated there was a very distinct lack of communication which needed to be fixed. He
stated the Commission did not need to solve drainage issues or sidewalk issues right now; it needed
to regain the trust of the Citizens of Highland Beach which had clearly been lost. He noted the
final post from the Committee to Save Highland Beach would be posted today and it would suggest
ways in which the Government might regain the Citizen's trust. He suggested the Planning Board
read the post. He stated he believed it would take more than a year to regain the Citizen's trust.
He encouraged the Planning Commission to takes its time in all decision making.
Member Lewis stated he believed Mr. Ross had gone over his three minute time limit. Chairperson
Axelrod stated he had not been holding residents to this time limit; he believed the time limit
should be five minutes. Vice Chairperson Kravit agreed.
Planning Board Regular Meeting Agenda
March 14, 2019 Page 12 of 13
MOTION: Vice Chairperson Kravit moved to extend the three-minute time limit for public
speakers to five minutes. Member Adwar seconded the motion.
Chairperson Axelrod asked for comments regarding the motion. Member Lewis asked if it was
important to be consistent with the other Boards and Committees. Chairperson Axelrod stated five
minutes was the original time limit a year ago; however, there was a conflict at a Commission
Meeting, at which point the Commission shorted the public comments time limit to three minutes.
He stated it was difficult to make a point in three minutes; he felt five minutes was more
appropriate. Member Boden agreed with the five minute public comments time limit. He stated
he wished to see more decorum during the Planning Board Meeting. He noted talking/laughing
while others were speaking, as well as clapping and booing, were disrespectful and inappropriate
behaviors during a Planning Board Meeting.
Chairperson Axelrod asked if there were additional comments, hearing none, he called for a vote.
UPON ROLL CALL:
Vice Chairperson Kravit -
Yes
Member Adwar -
Yes
Member Boden -
Yes
Member Lewis -
Yes
Member Weiss -
Yes
Chairperson Axelrod -
Yes
Motion carried with a 6 to 0 vote.
Chairperson Axelrod asked if there were additional Public Comments.
Mr. Alan Polin thanked the Planning Board for its time and service. He stated he agreed with the
comments made before him. He stated as a Town it was important to appreciate and honor two
basic concepts: transparency and openness. He stated if this was done the Town would heal
quickly and progress in a positive manner. He stated it was important to give proper notice about
Public Meetings to include letters, emails, social media, etc., and to use every means available to
communicate to the widest possible audience as this would encourage participation and enable the
elected leaders to make well informed decisions.
Dr. Kosofsky stated those in the Committee to Save Highland Beach would call him ``frank" while
those who voted against the 95% would probably call him "uncivil." He stated the Commission
had spent more than $200,000 dollars fixing the flooding problem. He noted Highland Beach did
not have a flooding problem it had a ponding problem. He indicated due to the referendums the
lighting project which was approved some time ago was delayed. He noted FDOT had agreed to
clean out the swales and add others which would have alleviated much of the ponding problems,
but again due to the referendums this was delayed as well. He stated he believed the safety of the
Citizens of Highland Beach was put in jeopardy due to the delay in light installation. He noted he
had replaced his business's parking lot lights with LED lights which paid for themselves in two
years. He noted this was an inexpensive solution and could be completed quickly. He stated he
Planning Board Regular Meeting Agenda
March 14, 2019 Page 13 of 13
believed most of Highland Beach's problems could have been solved for a couple of hundred
thousand dollars long ago. He stated he worried the referendum would be presented in the future
at a lesser amount, but would balloon into the same huge project and would bog down the system
once again. He stated the Town Government needed some common sense. He stated the Town of
Highland Beach should have an Ethics Commission and develop Ethics Statutes.
Chairperson Axelrod stated there was a Palm Beach Ethics Board and all Board Members,
Committee Members, Commission Members, etc., were required to complete Ethics Education
through the Palm Beach Ethics Board.
Chairperson Axelrod asked if there were any additional Public Comments. There were none. He
stated he did not believe any motion was necessary at this point regarding what was discussed.
9. ANNOUNCEMENTS:
Town Clerk Lanelda Gaskins announced:
• The Spring Fling Community Event would be held on March 23, 2019 from 11:00 a.m. until
2:00 p.m.
• The Town Commission Workshop Meeting would be held on March 26, 2019 at 1:30 p.m.
• The Town Commission Regular Meeting would be held on April 2, 2019 at 9:30 a.m.
• The Town Commission Workshop Meeting would be held on April 30, 2019 at 1:30 p.m.
She introduced the new Deputy Town Clerk Beverly Wright.
10. ADJOURNMENT:
Chairperson Axelrod called for a motion to adjourn at 11:11 a.m.
MOTION: Member Lewis moved to adjourn. Member Adwar seconded the motion which
passed unanimously.
APPROVED at the May 8, 2019 Planning Board Meeting:
ATTEST:
CLane MMC
Town Clerk
Dayfd Axelrod,
Transcribed by: TEI/he
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