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2020.12.10_PB_Minutes_Regular �wicxr �� TOWN OF HIGHLAND BEACH a PLANNING BOARD REGULAR MEETING e ► MINUTES FLopv07, Town Hall / Commission Chambers Date: December 10, 2020 3614 South Ocean Boulevard Time: 9:30 AM Highland Beach, Florida 33487 1. CALL TO ORDER Chairperson Axelrod called the meeting to order at 9:30 A.M. 2. PRESENT UPON ROLL CALL Member Roger Brown (via Zoom) Member Ilyne Mendelson Member Brian DeMoss (via Zoom) Member Harry Adwar Member John Boden Vice Chairperson Eric Goldenberg Chairperson David Axelrod Town Attorney Leonard Rubin (via Zoom) Deputy Town Clerk Beverly Wright ADDITIONAL STAFF PRESENT Town Planner Ingrid Allen 3. PLEDGE OF ALLEGIANCE The Board members led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA Chairperson Axelrod made an amendment to the agenda to hear an update from Town Planner Allen regarding the issue of the pilings at 1006 Grand Court. The item will be discussed under Unfinished Business Item 8A. He asked if there were any other additions or deletions to the agenda. Hearing none, he called for a motion to accept the agenda as amended, which resulted as follows: MOTION: Vice Chairperson Goldenberg moved to accept the agenda as presented, Seconded by Member Adwar, which passed (6 to 0) unanimously. 5. SWEARING IN OF THE PUBLIC Chairperson Axelrod asked those giving testimony to raise their right hands, so they can be sworn in. Deputy Town Clerk Beverly Wright swore in those giving testimonies. 6. PUBLIC COMMENT (limited to five (5) minutes per speaker) Virtual Planning Board Regular Meeting Minutes Page 2 of 7 Date: December 10, 2020 There were no public comments for this item. 7. APPROVAL OF MINUTES A. None. 8. UNFINISHED BUSINESS: A. Update on the issue regarding the pilings at 1006 Grand Court. Chairperson Axelrod read Item 8A into records and asked Town Planner Allen to give an update on the pilings, after which time the Board would have a discussion on the item, if desired. Town Planner Allen advised the Board that on November 20th, the building official provided a Notice of Violation to the property owner via registered and first class mail and via email. The certified mail receipt as well as a confirmation email receipt from the owner's attorney were received by the building official. She advised that the Notice of Violation indicates the property owner has 30 days from the date of the notice to remove the structure or secure a building permit to construct, as previously approved by the Planning Board in 2017 and that failure to comply within the 30 days would result in further action. She said that per the building official, it will go to the town's Code Enforcement Board and that they have not heard from the applicant. Vice Chairperson Goldenberg asked if there was one more day before hearing from them. Town Planner Allen advised they have about 10 days. Member Brown joined the meeting. Chairperson Axelrod asked about the postponement of the original Violation Notice of two months ago, why was the fulfillment not met and why was an additional 30 days given. Town Planner Allen advised the determination was made by the building official; that when it comes to structures, it is the building official responsibility. She is uncertain why it was done that way. However, she believes that based on the last denial it is reasonable to give the applicant 30 days and that the previous notice of violation was suspended because the property owner showed that they were putting together a new application; they provided revised plans and they received Florida Department of Environmental Protection (FDEP) approval. She said, on that, it was suspended by the building official. Chairperson Axelrod commented that he (Mr. Touchette) illegally put up 12-foot posts, which dates back a number of months and that he does not understand. He said that he (Mr. Touchette) is toying with them. Member Mendelson commented that she would go with the building official because for a 20 days difference, more or less, you do not want to open yourself up for a procedural challenge that he (Mr. Touchette) did not received the proper amount of notice (unintelligible). This way it is clean and that on December 20th or whatever date it is, they will have answered and then they can go gung-ho. Conversation continued about a Code Enforcement meeting, about Mr. Touchette being in violation for not only having the post and not responding, but illegally putting the posts Virtual Planning Board Regular Meeting Minutes Page 3 of 7 Date: December 10, 2020 up initially, about the Board having spent about four or five hours of wasted time and nothing being done, emails being received from unhappy residents regarding the matter, about Mr. Touchette not having responded to his neighbors, concern about not moving forward, and about the date of the removal of the lift pilings or cutting the lift pilings down. Chairperson Axelrod asked Town Planner Allen to take back to the building official that they are perplexed that this is not moving along from the time he (Mr. Touchette) put up the 12-foot pilings. Town Planner Allen commented that she would advise the building official of his concerns. Chairperson Axelrod commented that if Mr. Touchette comes back with a request for another height, that he will recommend tabling any discussion of that until such time as he responds to removing the illegal pilings or cutting them down to size. Town Attorney Rubin counseled the Board not to address hypotheticals, to wait and see what happens. He advised that the next Code Enforcement Board meeting is January 12th. Member DeMoss asked if they do not hear from Mr. Touchette on the 20th of this month, and they go to Code Enforcement and he still does nothing, what legal action can the town take? Town Attorney Rubin advised that generally the Board has the authority to impose fines. If they find him in violation and he fails to remove them, there are other actions that they could pursue like injunctive action, but that would probably be up to the Town Commission. He said they do not know what he (Mr. Touchette) is going to do; that he has a period of time to correct; they will see what he does and then it will go to the Code Enforcement Board after that. Vice Chairperson Goldenberg asked if it means that they have to wait until January 12th, before anything could be done. Town Attorney Rubin advised that it is the date the Board meets and that he does not know what he (Mr. Touchette) is going to do. He still has 10 days left. He might cut them down. He might remove them. He does not know what he is going to do. Vice Chairperson Goldenberg asked if a notice should be sent to Mr. Touchette advising him that he has 10 days. Town Attorney Rubin advised that the deadline has been established as the 30 days from November 20th, so that is the deadline. Member DeMoss asked Town Planner Allen to advise the Board of the outcome. Town Planner Allen responded to Chairperson Axelrod that the only correspondence is an email forwarded from the building official where the property owner's attorney confirmed via email that they did receive the notice of violation. Since then, they have not heard anything. She responded to Member DeMoss that she did not see an issue with that and that typically her directions are taken from the town manager. Member DeMoss said he understands and was just asking her to keep them informed. Member Mendelson asked if he (Mr. Touchette) have the right to now take their decision and appeal it to the Circuit Court or whatever the lowest court is? Town Attorney Rubin advised yes; he does. It would be 30 days from when the Board met. Member Mendelson advised that it was November 12th and that 30 days was up today. She said her beat is they might be doing that. Town Attorney Rubin advised they might be, but that does not automatically stay the enforcement action, that is a separate issue. Chairperson Axelrod asked does that mean that even if they go through the whole thing, considering he (Mr. Touchette) put those pilings up without permission of the town, that Virtual Planning Board Regular Meeting Minutes Page 4 of 7 Date: December 10, 2020 they still can stand there at 12-feet until such time as the court response? Member Mendelson advised he will challenge their decision as being wrong somehow. If their decision was wrong, then he would not have to take them down. He probably would have to ask for some stay until the court made a decision; that he would have to bring the suit 30 days form the 12th Chairperson Axelrod commented that he (Mr. Touchette) basically put those pilings up without approval? Member Mendelson advised that he came for approval and they said no, you cannot have it and that is what he would challenge. Chairperson Axelrod commented that he came for approval after the fact. Town Attorney Rubin advised that it was after the fact and there is no automatic stay. He would have to request a stay or get the court to stay it. He said they have to wait and see what happens and they will respond appropriately and accordingly. 9. NEW BUSINESS: A. 2021 PROPOSED PLANNING BOARD MEETING DATES Chairperson Axelrod read Item 9A into record and advised that the 2021 proposed Planning Board meeting dates for next year were all on the second Thursday of each month with the exception of the Wednesday, November 10th meeting because that Thursday is Veterans Day. He asked for a motion to accept the dates as presented. MOTION: Vice Chairperson Goldenberg made a motion to accept the 2021 proposed Planning Board Meeting dates as submitted, Seconded by Member Adwar, which passed (7-0) unanimously. B. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A 10-YEAR WATER SUPPLY WORK PLAN PURSUANT TO SECTION 163.3177, FLORIDA STATUTES AND AMENDING THE INFRASTRUCTURE (POTABLE WATER SUBELEMENT), COASTAL MANAGEMENT/ CONSERVATION AND CAPITAL IMPROVEMENTS ELEMENTS OF THE TOWN COMPREHENSIVE PLAN AS THEY RELATE TO THE 10-YEAR WATER SUPPLY WORK PLAN; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Chairperson Axelrod read Item 9B into record and called for Town Planner Allen to present the Ordinance. Town Planner Allen read section 163.3177 of the Florida Statute into records stating that it requires local governments to update their Water Supply Plan through an amendment to their Comprehensive Plan within 18 months after the governing Board of a Water Management District approves an updated Regional Water Supply Plan. She gave an update on the November 8, 2018 South Florida Water Management District approval to the lower East Coast Water Supply Plan. She discussed the 10- and 20-year Water Supply Plan conducted by the town's consultants Global Tech, the administrative amendments to the infrastructure element and the expedited state review process. She advised that Global Tech Consultant representatives are present in the meeting to Virtual Planning Board Regular Meeting Minutes Page 5 of 7 Date: December 10, 2020 address any questions that are specific to the Water Supply Plan and that Pat Roman the town's Public Works Director is on his way to the meeting. Chairperson Axelrod asked if the town's consultants wanted to make comments or if they were just there for questions? Member Mendelson asked the consultants to provide the Board with an overview in layman's terms. Tyler Davis of Global Tech advised the main reason they have to do that is because it is required by the state statutes and that it is really more of an administrative report. They are not really trying to change anything, but to just bring everything in together so that they coordinate with each other. They want the code and the reports to say the same thing. They are really just trying to document what the town does regarding the water supply, the planning, and the water conservation to make sure it is coordinated with all the different requirements. He advised that the state has certain requirements for days of the week that you can water and those are things that they are trying to bring into an agreement with what is required by the state statute. They are not really trying to change what the town is already doing and everything that the town has been doing. He said that Pat Roman has done an excellent job, the town's water supply is very sound, the growth is minimal and they do not see any issues. They have to wrap this up, so it is a legal document that they can present as required. Member Mendelson commented that she knows that they have changed that the water is going to cost people more. She asked if this affect anything about the water supply and asked about what is charged? Mr. Tyler advised no, that the report is just documenting what the rates are, putting that onto paper and about what the plans may be to change rates. Town Planner Allen advised that she has a question from one of the Board members. On page 26 where it references the two tables and the population projections. She asked Mr. Tyler to discuss the sources of the information for clarity? Mr. Tyler advised that basically, there is two different population sources and that they are on different dates, so it may appear at first glance that the population has changed more than you would expect, but it is really just the methodology that they are using. One of them basically just used the Bureau of Economic and Business Research (BEBR) Data pretty much as is. The other version, he believes, the Palm Beach County one, used the BEBR Data, but then they adjusted it down based on vacancies and other information and that Traffic Analysis Zone (TAZ) Zones has a little bit more information that was available, it is probably the most accurate number. He said you cannot really compare the two numbers because they were not developed in the same method. Member Boden commented that he was not doubting that the numbers he put down were incorrect. It is just amazing to him that the two agencies came up with different numbers. Mr. Tyler advised yes, they are using different methods and that it is what it is. Chairperson Axelrod ask if there're were anymore questions or comments? Member Mendelson commented on the (brown area of) Future Land Use Map, multi- family low density, which has a much lower density then Toscano. She asked if when the Future Land Use Map goes into effect, do they tear down Toscano, so that it complies? Virtual Planning Board Regular Meeting Minutes Page 6 of 7 Date: December 10, 2020 Town Attorney Rubin advised, no. Member Mendelson commented that it just stays how it is unless somebody would tear something down and ask for a new use. Town Attorney Rubin advised, correct. Chairperson Axelrod asked if there were any other comments? Vice Chairperson Goldenberg commented that a number of residents in his building, and he knows through the town, it might not apply to exactly what they are talking about, find the taste of the water to be somewhat distasteful. He asked if there is anything that can be done and why it is happening? He said it is the first chance they have had an opportunity to talk about it. Mr. Tyler commented that it is obviously off the topic, but it is what he does, so he can help the Board understand how to approach it. He pointed out that Highland Beach has excellent tasting water and was actually second place in the region for its drinking water, in the drinking water contest. One of the things that was done when they took the sample is that they analyzed the way the water tastes at different points along the distribution system and pick the one they liked best. He talked about the length of time water remains in the distribution system after it leaves the town's distribution system and goes into the private facility is something that the town really cannot control themselves, that it is up to the owner of that facility to take care of. He gave some corrective examples that could assist with the issue. Further discussion and comments continued regarding this (please visit www.hiqhlandbeach.us for the full conversation on audio/video). Member DeMoss asked if fluoride is added to the town's water? Mr. Tyler advised that he is not a hundred percent sure. He advised that some of his clients do and some do not. He does not want to say for sure, he does not know the answer. Member DeMoss asked if the administrative report is pretty consistent with other communities around them. Mr. Tyler advised, yes. Member Boden made a comment about there is a value of approximately 8,000 residents (page No. 30). He said that he does not know where a number like that comes from? Member DeMoss advised that it is what happens in the winter. Chairperson Axelrod said it may be seasonal and that he believes the residents in the town is about four thousand normal (inaudible). Julia Backlund of Global Tech advised she is the consultant of the town for the Water Supply Plan and explained that the seasonal fluctuation of the 8,000 people is actually listed on the town's website as what the town experience for seasonal fluctuation between summer and winter. The source of that number is not listed on the website, so she is not sure if it came from BRER or if it came from TAZ, but it is what is listed on the town's website as the seasonal fluctuation. Member Boden advised that also on that page you refer to all water mains shall be looped. He said he had no idea of what looped is. Mr. Tyler gave a simple description of looped. Member Boden asked about (page 36) what is the total lineal footage? That four-inch and six-inch pipes and partial were discussed, but it does not explain what the whole system entails in those amounts. Mr. Tyler advised they could add those up, but they just wanted to know how much of each one of the total inventories. They did not have to provide the Virtual Planning Board Regular Meeting Minutes Page 7 of 7 Date: December 10, 2020 total linear foot of all the piping. Member Baden asked if he could guess? Mr. Tyler advised that he rather not. He wanted to give the Board facts. Chairperson Axelrod asked if there were any other questions? Hearing none, he asked for a motion to accept the plan as presented. MOTION: Chairperson Goldenberg accepted the motion made by Chairperson Axelrod to accept the plan as presented, Seconded by Member Mendelson, which passed (7-0) unanimously. 10. ANNOUNCEMENTS: December 15, 2020 - 1:30 P.M. Town Commission Meeting December 17, 2020 - 2:00 P.M. Virtual Financial Advisory Board Meeting January 05, 2020 - 1:30 P.M. Town Commission Meeting January 14, 2020 -1:00 P.M. Planning Board Regular Meeting January 19, 2020 - 9:30 A.M. Town Commission Meeting January 28, 2020 - 1:30 P.M. Financial Advisory Board Regular Meeting 11. ADJOURNMENT Chairperson Axelrod called for a motion to adjourn the meeting at 11:36 A.M. MOTION: Member Adwar moved to adjourn the meeting, Seconded by Member DeMoss, which passed (7 to 0) unanimously. APPROVED_at' le,pruar°y,`11, 2021, Planning Board Regular Meeting o �y s s \ ' ; D A elrod, ItRairperson ATTEST, ' Transcribed by: Beverly Wright e ly Wright Deputy Town Cler Disclaimer; Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are transcribed as a brief summary reflecting the event of the meeting. Verbatim audio/video of this meeting can be found on the town's Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.