1989.07.12_PB_Minutes_Regular (2)TOWN OF HIGHLAND BEACH, FLORIDA
• PLANNING BOARD
PUBLIC HEARING - MINUTES
Wednesday, July 12, 1980 9.30 A.M.
Chairman John Ward called to order the advertised Public Hearing
of the Planning Board, Town of Highland Beach, Florida, at 9:30
AM in the Commission Chambers at Town Hall.
The Deputy Town Clerk called the roll. Present were Chairman
Ward, Arthur Keller, Amelie Leng and Helene Harris. Vice
Chairman A.M. Fox and Alternate Member Robert Gregerson were
absent.
Also present were Mayor Joseph A. Boulay, Commissioner Doris
Rome, Town Manager Mary Ann Mariano, Town Attorney David Friedman,
Deputy Town Clerk Doris Trinley and members of the general
public.
Chairman Ward noted the purpose of the Public Hearing was to
review a proposed ordinance amending Chapter 30 of the Town Code
entitled "Zoning," adding a new section 14.1 to allow settlement
of litigation; providing for approval of settlements by resolution
after Public Hearing, providing for exclusive jurisdiction over
. such settlements by Town Commission; providing for a method of
judicial review, providing severability; providing for inclusion
in the Code; providing for conflict resolution; and providing an
effective date.
The Planning Board members read the proposed ordinance through in
its entirety, after which Mr. Ward opened discussion.
Mr. Keller asked Town Attorney Friedman what the intent of the
ordinance was. Mr. Friedman replied that it will provide a
procedure for approval of Settlement Agreements by the Town
Commission, which approvals would not be subject to challenge by
third parties at a later date.
Referring to paragraph (b), page 2, Mr. Ward questioned Mr.
Friedman if the ordinance would allow for amending the Town Plan
as regards the Land Use Element of the Comprehensive Plan, number
of units per acre. Mr. Friedman replied affirmatively.
Regarding paragraph (c), page 2, Mr. Ward discussed with the Town
Attorney the clarity of wording regarding "Public Hearing"
referred to in same.
Commissioner Doris Rome also commented on paragraph (b), page 2,
noting that amending the Comprehensive Plan is only allowed twice
a year. She also inquired of the Town Attorney why "Community
• Appearance Board" preceded "Planning Board" in wording, rather
than reverse. It was also her opinion that although there are
PLANNING BOARD
46 Public Hearing - Minutes
July 12, 1989 Page 2 of 2
times when the Town Commission might deviate, all plans should go
before the Planning Board and the Community Appearance Board.
Mr. Keller asked if the sequence of a court approving the
settlement prior to Planning Board and Community Appearance Board
approval was accurate. Town Manager Mariano explained that a
court of law would only approve a "Settlement Agreement," not
"plans."
After further discussion, Mr. Keller made a MOTION that the Board
recommend that the proposed ordinance be approved by the Town
Commission subject to the comments and recommended changes
presented at this meeting:
1) Use the term "Settlement Agreement" consistently
throughout.
2) Wherever mentioned, ensure that "Planning Board"
precedes "Community Appearance Board."
3) Paragraph (c), page 2, be changed to address the
requirement of a "Public Hearing" in a more clear
and explicit manner.
• The MOTION was seconded by Mrs. Harris.
There being no further business to come before the Planning Board
at the Public Hearing, a MOTION to adjourn was made by Mrs.
Harris/Mrs. Leng at 10:10 A.M.
Approved:
John] . Ward, Chairman
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