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1991.04.10_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR MEETING - MINUTES Wednesday, April 10, 1991 9:30 A.M. Chairman John E. Ward called the Regular Meeting of the Planning Board to order in the Commission Chambers at 9:30 A.M. Others present were Regular Members Amelie Leng, Helene Harris, Harold R. Hagelmann, Arthur R. Keller and Alternate Member Paul R. Kane, Sr. Alternate Member Leonard Bell was absent. Also in attendance were Building Official Harry Heithaus, Town Clerk Anne M. Kowals and members of the general public. At this point, Chairman Ward, welcoming the recent appointee (Arthur R. Keller) to the Board, also welcomed back Regular Members Harold R. Hagelmann and Helene Harris following their recent health problems. Minutes of the March 13, 1991 Regular Meeting of the Planning Board were approved upon MOTION by MR. HAGELMANN/MR. KANE. The MOTION carried without objection. NEW BUSINESS . Preliminary Review for Clubhouse Alterations and Driveway (Lots 1 & 2E) at 4801 South Ocean Boulevard, Submitted by Boca Highland Center, Inc. Chairman Ward, noting three Members of the Planning Board residing at the Boca Highland Complex are not eligible to vote on this agenda item as there is a matter of financial involvement, explained that the requested alterations to the clubhouse would require an assessment to each resident and it could therefore be perceived that one is voting for the approval to enhance the value of one's property; and, if one were to vote against approval, it could be said one does not want to pay the assessment. The Chairman advised that a "Memorandum of Voting Conflict Form" has been prepared for each Boca Highland resident to sign, which form includes the following clause: "Preliminary review for clubhouse alterations and driveway at 4801 South Ocean Boulevard, Lots 1 & 2 East, Highland Beach, Florida, submitted by Boca Highland Center, Inc. I am a resident of the Boca Highland complex, which is the subject of the application, and any improvement to its facilities automatically influences the value of the property which I own within that complex." The Chairman reiterated that the three Members are allowed to comment and guide the other Members of the Board but they are not permitted to vote on this issue. • Upon invitation from Chairman Ward, Mr. Ed Fanning, Manager at Boca Highland, stepped forward to comment with regard to the requested Planning Board Regular Meeting Minutes April 10, 1991 Page 2 of 5 clubhouse alterations and driveway. Mr. Fanning explained that they are requesting approval from the Planning Board to install a circular driveway at the beach clubhouse so residents, dropping off guests, do not have to back their vehicles out onto A-1-A. Further, Mr. Fanning advised the request also includes extending the second floor of the beach club to accommodate a larger seating capacity (presently the seating capacity is 86 and they are looking for a 100 seating capacity) by expanding the second story on the East and South boundary which will result in approximately an additional 450 square feet; downstairs they would like to re -tile the area and put in a vending room where the residents may buy soda, snacks from vending machines and prepare light foods (i.e. sandwiches); and, the stewards room on the West side of the building will be changed into a men's locker room. All alterations to the clubhouse will be done within the boundary of the building. During discussion, it was suggested that perhaps Boca Highland should look into the matter of installing fire sprinklers in the clubhouse while alterations are in progress. Architect Miheleich Kress noted that, regarding fire sprinklers, the building (with the alterations) would still remain within the square footage which would not require such sprinklers. It was noted by the Building Official that the Planning Board would be • approving the concept that Boca Highland would like to have; at the point of permits, Boca Highland will have to obtain approval of their plans from the Palm Beach County Fire Department. The Building Official further noted there are other concerns with regard to this request (i.e. parking, bathroom facilities, if occupancy of the build- ing exceeds 98 persons, the Fire Department will require a fire system as well as a different means of egress for occupants). When questioned, Ann Frankel, Vice President of the Center Association, advised no consideration was given to the installation of fire sprinklers in the room; to her knowledge, it has not been discussed. When it was questioned if the Department of Transportation was con- tacted with regard to the circular driveway, Mr. Fanning, noting he did meet with a D.O.T. representative to explain Boca Highland's request, stated the representative suggested a T-turn so Boca Highland would not have to go through the Town and D.O.T. as long as the vehicles exit the same way they enter, without backing out onto A-1-A, to drop off guests at the clubhouse. The Building Official, noting he would like signs posted in the T-turn area indicating the area is not a parking area, it is to be used only to drop-off residents/guests at the clubhouse; sug- gested the T-turn be constructed with pavers (which would be a from of beautification and would not collect water) rather than poured concrete or blacktop. L] Planning Board Regular Meeting Minutes April 10, 1991 10 Page 3 of 5 During discussion, Building Official Heithaus advised that all changes to the second floor of the clubhouse (which will be glass enclosed) are on the ocean and South side of the building; and, he has no problem with the alterations. However, the Building Official did indicate that there will be a potential for a flash fire on the second floor. When the Building Official inquired if they planned to enlarge the bathroom facilities on the first floor, Architect Kress responded that they are only refurbishing the bathrooms with new fixtures, there presently is one bathroom upstairs; and, the clubhouse is more of a social hall. It was noted that Mr. Fanning indicated the clubhouse was being designed to allow a caterer to prepare food; and, it was further noted that the facilities are for the sole use of Boca Highland residents and can not be rented to anyone but residents (in compliance with the Town Ordinance, the unit will not be used as a commercial entity). At this point, the Planning Board Members proceeded to the table to review plans where a discussion was held outside the hearing of the Town Clerk. Following the review and substantial discussion, MR. KELLER made a MOTION: "The Planning Board approves drawings A-0 to A-6, submitted by • Miheleich Kress, dated 4-1-91, covering the preliminary review for clubhouse alterations and driveway at 4801 South Ocean Boulevard for the Boca Highland Center Clubhouse. The Planning Board further suggests that additional consideration be given for fire sprinklers, restrictions for noncommercial uses and the question of the circular driveway vs the T-driveway be resolved." Discussion ensued and MR. KELLER amended the MOTION as follows: "The Planning Board approves drawings A-0 to A-6, submitted by Miheleich Kress, dated 4-1-91, covering the final review for clubhouse alterations and driveway at 4801 South Ocean Boulevard for the Boca Highland Center Clubhouse. The Planning Board further suggests that additional consideration be given for fire sprinklers and restrictions for noncommercial uses. The Planning Boards's approval is subject to the change from the circular driveway to the T-shaped driveway, illustrated on an altered sketch on drawing A-0, if approved by the D.O.T." The amended MOTION was seconded by MR. KANE. A roll call vote resulted as follows: Mr. Keller "AYE" Mrs. Leng "AYE" Mr. Kane "AYE" At this point, the petitioner advised the Planning Board that the • circular driveway would be somewhat safer than the T-driveway and they Planning Board Regular Meeting Minutes April 10, 1991 ID Page 4 of 5 would like to leave the matter of the driveway open until they discuss it further with the D.O.T. Upon brief discussion, MR. KELLER MOVED to withdraw the MOTION. MRS. LENG SECONDED the MOVE which received "AYE" votes from Mr. Kane, Mrs. Leng and Mr. Keller. The following MOTION was made by MR. KELLER/MR. KANE. "The Planning Board approves drawings A-0 to A-6, submitted by Miheleich Kress, dated 4-1-91, covering the final review for clubhouse alterations and driveway at 4801 South Ocean Boulevard for the Boca Highland Center Clubhouse. The Planning Board further suggests that additional consideration be given for fire sprinklers and restrictions for noncommercial uses. Further, the Planning Board recommends that the T-driveway for exiting the clubhouse be considered vs the circular driveway." A roll call vote resulted in "AYE" votes cast by Mrs. Leng, Mr. Kane and Mr. Keller. Chairman Ward, noting he received a number of complaints regarding the Highland Ocean Associates property, discussed the matter with the Board Members. It was the consensus of the Board to have the Chairman send a memorandum to the Co -Chairmen of the Community Appearance Board • requesting they look into this matter which involves Town Lots 20 through 28 East. The Chairman questioned the status of the Code Recodification. It was noted that same was received and has to be reviewed by the Town Clerk's Office prior to the Town Commission adopting an Ordinance to approve the Code Recodification. It was further noted that Chapter 30, Zoning, was not included in the Code Recodification, however, a first supple- ment is anticipated in the near future. Following approval of said Ordinance, the Code Books will be made available. Chairman Ward advised the Members that the Mayor is requesting a repre- sentative from each Town Board attend the Town Commission Workshop Meeting to inform the Commissioners of the Boards' actions. Mr. Hagelmann volunteered to attend the April 30, 1991 Town Commission Workshop Meeting at 1:30 P.M. Upon proper MOTION, Chairman Ward adjourned the Regular Meeting of the Planning Board at 11:15 A.M. amk APPROVE: JoXf E. Ward, Chairman • Amelie eng Planning Board Regular Meeting - Minutes April 10, 1991 Page 5 of 5 ATTEST: DATE: • Helene Harris WH ro1 R. 4aqa�nn ` " FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME --FIRST NAME -MIDDLE NAME Ward John E , THE BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON AILING ADDRESS WHICH 1 SERVE IS A UNIT OF: CITY COUNTY DATE ON WHICH VOTE OCCURRED April 10, 1991 NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Planning Board )] CITY 0 COUNTY O OTHER LOCAL AGENCY ❑ STATE NAME OF POLITICAL SUBDIVISION OR STATE AGENCY Town of Highland Beach, FL WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).J The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO TH E VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on April 10 , 19 91 (a) I abstained from voting on a matter which (check one): _X_ inured to my special private gain; or inured to the special gain of , by whom I am retained. tt tUKM 4- KLV. 1"4 PAGE I (b) The measure on which I abstained and the nature of my interest in the measure is as follows: Preliminary Review for Clubhouse Alterations & Driveway at 4801 S. Ocean Blvd., Lots 1 & 2 East, Highland Beach, FL. Submitted by Boca Highland Center, Inc. I am a resident of the Boca Highland complex, which is the subject of the ap-M plication, and any improvement to its facilities automatically influences the value of the property which I own within that comp ex. !, Signature ohn E . Ward F Date Filed Please see PART C for instructions on when and where to file this form. PART 8 VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of (b) The measure on which 1 voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS lg . , by whom I am retained. This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES § 112.317(1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000. PAGE 2 CE FORM 4 - REV. 10-94 FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME --FIRST NAME —MIDDLE NAME n nr ' rur LING ADDRESS 40 S. Ocean Blvd., #1608 CITY COUNTY Highland Beach Palm Beach DATE ON WHICH VOTE OCCURRED April 10, 1991 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Planninq Board THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: 10 CITY O COUNTY O OTHER LOCAL AGENCY O STATE (Town) NAME OF POLITICAL SUBDIVISION OR STATE AGENCY Town of Highland Beach, FL WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A js for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. 1, the undersigned local public officer, hereby disclose that on (a) I abstained from voting on a matter which (check one): X inured to my special private gain; or inured to the special gain of April 10 19 91 , by whom I am retained. CE FORM 4- REV. 10-84 PAGE I (b) The measure on which I abstained and the nature of my interest in the measure is as follows: Preliminary Review for Clubhouse Alterations & Driveway at 4801 S. Ocean Blvd., Lots 1 & 2 East, Highland Beach, FL. Submitted by Boca Highland Center, Inc. I am a resident of the Boca Highland complex, which is the subject of the ap-i plication, and any improvement to its facilities automatically influences the value of the property which I own within that coipplex. Date File Signature Helene Harris Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within IS days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS ,19 by whom I am retained. This memorandum must be filed within fifteen (1 S) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES) 112.317(1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5.000. CF FORM 4 - REV. 10-84 ORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME --FIRST NAME -MIDDLE NAME Hagelmann Harold R. THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON MAILING ADDRESS WHICH I SERVE IS A UNIT OF: 8 S. Ocean Blvd. #303 CITY CITY O COUNTY O OTHER LOCAL AGENCY 0 STATE COUNTY (Town) Highland Beach Palm Beach NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED April 10, 1991 Town of Highland Beach, FL NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Planning Board WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council. commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section H 2.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO TH E VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. 1, the undersigned local public officer, hereby disclose that on Aps'il 1_0 , 19 91 (a) I abstained from voting on a matter which (check one): X inured to my special private gain; or inured to the special gain of , by whom I am retained. C'E FORM 4- REV. I0-84 PAGE • �r (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: Preliminary Review for Clubhouse Alterations & Driveway at 4801 S. Ocean Blvd., Lots 1 & 2 East, Highland Beach, FL. Submitted by Boca Highland Center, Inc. I am a resident of the Boca Highland complex, which is the subject of the ap-0 plication, and any improvement to its facilities automatically influences the value of the property which I own within that co lex. Filed S gnature Harold agelmann Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. 1, the undersigned officer of a state agency, hereby disclose that on (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. ,19 by whom I am retained. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (1 S) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. �J NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 4112.317(1983). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S3.000. PAGE- CF FORM 4- REV. 10-94