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2014.09.10_PB_Minutes_Regular \\1H(.;'�y °� e , TOWN OF HIGHLAND BEACH l oor Pt:' mzeuu •.' MINUTES OF THE 'h ` ` = PLANNING BOARD l 4 F(061t,' REGULAR MEETING Wednesday, September 10, 2014 9:30 AM Members Present: Chair Carol Stem; Vice Chair Ilyne Mendelson; Board Member Ronald Clark; Board Member Stephen Golding; Board Member Harvey Mart; Board Member Ronald Rajsky; and Board Member William Svenstrup. Also Attending: Town Attorney Brian Shutt; Building Official Michael Desorcy; Deputy Town Clerk Valerie Oakes and members of the Public. CALL TO ORDER: Chair Stem called the Regular Meeting to order at 9:30 AM in the Library Goldstein Community Room. Roll call was taken by Deputy Town Clerk Oakes followed by the Pledge of Allegiance. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Chair Stern called for a motion to accept the agenda as presented. MOTION: Member Rajskv moved to accept the agenda as presented. Member Clark seconded the motion, which passed unanimously. PUBLIC COMMENTS AND REQUESTS: No public comments and/or requests. PRESENTATIONS: No presentations. APPROVAL OF MINUTES: • June 11, 2014 - Regular Chair Stem called for a motion to approve the June 11, 2014 minutes. MOTION: Member Golding moved to approve the minutes of June 11, 2014. Member Svenstrup seconded the motion, which passed unanimously. Planning Board Regular Meeting Minutes September 10, 2014 Page 2 of 5 OLD BUSINESS: No old business. NEW BUSINESS: A) Application No. 31179 — 4600 -4750 S. Ocean Blvd. CONSIDERATION OF SITE PLAN APPROVAL FOR THE INSTALLATION OF A MONUMENT SIGN (57" X 25.5" + 6" base) READING "4600 -4750 Boca Highland Beach Club & Marina ". Applicant: SignARama USA Chair Stem read the application title into the record. The board members were asked to disclose any ex parte communication(s). Member Harvey Mart stated that he is the qualifier for the company and he signs the permits, so he recused himself from this portion of the meeting due to a conflict of interest. Member Ron Clark stated that he is a member of the Board of Directors for Boca Highlands, so he recused himself from this portion of the meeting due to a conflict of interest. Deputy Town Clerk Oakes stated that Member Clark and Member Mart would file Form 8B — Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers immediately after the meeting, which will be read into the record at the next regular meeting. Town Attorney Shutt asked that both members step down from the dais and be seated in the audience. Deputy Town Clerk Oakes swore-in all those who would testify. Staff's Presentation: Building Official Desorcy — For your consideration, on today's agenda, we have an application for a monument sign. The sign is in compliance with the zoning rules and requirements of the Town of Highland Beach Code of Ordinances, specifically, Chapter 23 -7. The sign is 10 square feet per face as allowed by code, and it will replace the information on the existing sign that is placed parallel to A1A. I asked that the general contractor state for the record that the sign will be illuminated as required by code, and that the numbers and letters be removed from the existing sign because the code only allows one sign per property. Board's Questions: Member Rajsky — Is this one sign or two signs? B.O. Desorcy — It will be one sign placed on Boca Highland property, west of the FDOT right -of -way line; it will be positioned perpendicular to the road. The existing sign is parallel to the road. Member Raiskv — The sign on property address 4801 will stay the same? B.O. Desorcy — It will stay the same way. It is on a separate property; the beach club property. Member Rajskv — Are you aware of how many total signs there are on this property? B.O. Desorcy — There are informational signs inside the property. At this point, there is only one address sign. Member Raisky — It is permissible by statutes and other regulations of Highland Beach to have multiple signs even other information signs that say "Boca Highlands "? B.O. Desorcy — There are directional signs, speed limit signs, building identification Planning Board Regular Meeting Minutes September 10, 2014 Page 3 of 5 signs, so it is customary to have multiple signs on a large piece of property. Member Rajsky — The new sign will be lit? B.O. Desorcy — Yes, it will be externally lit with flood lights, and the contractor will state that for the record. Vice Chair Mendelson — The existing letters will be removed. B.O. Desorcy — Yes, at that time it will be a wall, a part of the hardscape. The condominium board has not made a decision as to what they want to do with the wall. Vice Chair Mendelson — Does Highland Beach have any jurisdiction over that wall? B.O. Desorcy — The Town does not have jurisdiction over what they can do with that wall. Chair Stern — The new sign will be closer to the street? B.O. Desorcv — Yes, the existing sign is parallel with the road, and the new sign will be perpendicular, so that traffic heading north/south can identify the complex. Petitioner's Presentation: Michelle Laskowski, Sales Executive, Sign A Rama — (Provided a visual of the placement of the old and new sign.) The new sign is 10 square feet facing north/south, so the cars can view the sign. The letters on the existing wall will be removed. Once the new structure is in place, then the condominium board will decide whether to demolish or beautify the wall. It will be illuminated on both sides with ground lighting. As a sign contractor we are not electricians, but we have verified that it will be an illuminated sign with flood lights. It is made out of high density urethane; it will have a sand finish and the Board has chosen to match the existing colors. There are other signs on the property, which are directional such as enter, exit, truck delivery. This is the monument entrance sign. Vice Chair Mendelson — Does this type of lighting affect the turtles? Petitioner Laskowski — As a sign contractor, I am not an electrician. I don't have anything to do with the lights; I know that it will have lights. Their community and their Board will make sure that they stay within the legal limit that is of the turtle lights. It is on the other side of the highway, so it will not affect the turtles as much. Vice Chair Mendelson — Since you are not an electrician and it is not your responsibility, you are stating that you know that it will have lights. Petitioner Laskowski — We make sure. Vice Chair Mendelson — Can we make the approval subject to that lighting being taken care of? We have Sign -A -Rama that is saying that it is not within their purview, but they understand that it is supposed to be that way. We have to make sure that if we are approving something that it is a part of the approval. Attorney Shutt — You can put a condition on the approval that lighting shall be sufficient pertaining to the Town code as per the Building Official, so that prior to a C/O being issued, the lighting is in place. B.O. Desorcy — The sign contractor cannot get a final inspection until the sign is illuminated, which is a condition of my permit. The Board can add a stipulation in the order that the sign is to be illuminated, but it is a code requirement. Member Svenstrup — The existing sign will stay ilhuminated and lit until the new sign receives a C /O? B.O. Desorcy — That is correct. Planning Board Regular Meeting Minutes September 10.2014 Page 4 of 5 Vice Chair Mendelson — Do you know what the timing will be to finish the sign? Petitioner Laskowski — There is a process, which is contingent upon approval. Once the permit is approved, it will take approximately six weeks for the installation. Member Raiskv — In proximity to the road/sidewalk, how close will be the new sign? Petitioner Laskowski — We know that there is a setback rule and we will be right in front of the other sign, which will now become a wall. Member Rajsky — It will not be really close? Petitioner Laskowski — No. Public Statements: Chair Stern asked if there were any comments from members of the Public, none were received. Chair Stem closed the evidentiary part of the hearing. MOTION: Member Svenstrup moved to approve the monument sign subject to until a final C/O is given that the other sign will not be deactivated and until it receives a final approval then it will totally qualify and that upon the new sign going into effect the old sign's letters and lighting will be removed. Vice Chair Mendelson seconded the motion. Board Discussion: None. ROLL CALL: Vice Chair Mendelson - Yes Member Golding - Yes Member Clark - Yes Member Svenstrup - Yes Chair Stem - Yes Motion carried 5/0. ADJOURNMENT: There being no further business, Chair Stern adjourn the meeting at 9:47 am. Planning Board Regular Meeting Minutes September 10, 2014 Page 5 of 5 APPROVED: Carol S - Chair Ilyne Mendelson, Vice Cs .41p ii,„,,,„ew 64,,,i, ■mire,/,.... ...... Ronald Clark, Board Member Stephen Gob - ember H Mart, Board Member Ronald Rajsky, Member /': 1 .• A - William Sve t p, Board "ember TOWN SEAL ATTEEnS��TE'D: are-Z2-"' Val erie Oakes, Deputy Town Clerk Date: iOI'' FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST N A E -FIRST NAME - MIDDLE NAME NAME OF BOARD, C NCIL, COMMISSION, AUTHORITY, OR COMMITTEE Z � /� / f° n/VG 0 r / rA Z /P N� /3b MAILING ADDRESS / THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON � 75c_) v oe(4 , 5 L VD Alp20 �/ WHICH I SERVE ISAUNIT OF: CITY �+ COUNTY / (� ?/�j� JCITY� ❑COUNTY ❑ OTHER LOCAL AGENCY W [ o f V 1 i 4"D & 4 / f / 7 / J " 7 7 N A M E SUBDIVISION:, /V DATE ON WHICH V7 OCCURRED MY POSITION IS: `j j I y ( 0 // ❑ ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. . . . . . . . . . . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34- 7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. / DISCLOSURE OF LOCAL OFFICER'S INTEREST I, /Vo �"M /` _ L e , hereby disclose that on 9/f , 20 // U : (a) A measure came or will come before my agency which (check one or more) _ inured to my special private gain or loss; ,p Acv _V to the special gain or loss of my business associate, Ole /0, �V /G W N6Q 4t / Q • • inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Z /pm / fl Men? ir if �?#8Cn7 ' a aF Di�el�2r If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules goveming attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 9/ /a0'y 'G�G�c --� Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10,000. CE FORM 8B - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST / NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE NA 12- (7 (J Curt Jes Ptei x/A4fv 13 MAILING ADDRESS . � ��lU THE BOARD, COUNCIL, COM ION, AUTHORITY OR COMMITTEE ON 3 ?. A I ( Q ��" � WHICH 1 SERVE IS A UNIT OF: . ❑ CITY ❑ COUNTY OTHER LOCAL AGENCY CITY K l to 0LRel° igc-� COUy7V K NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCUR ED MY POSITION IS: 9 /Q /ZO/ V O ELECTIVE Vt APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . . . . . . . . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . . . . . . . . . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. /� DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, t4 �4 -r w7 e, Y v►Ttz'7- , hereby disclose that on Se 2le eifs(K / , 20 /C : (a) A measure carne or will come before my agency which (check one) Y _ / Inured to my special private gain or loss; } / inured to the special gain or loss of my business associate, J W L L r le w • Eci vl S it/ 1 " ; inured to the special gain or loss of my relative, inured to the special gain or Toss of , by whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: / � e 6 1 - 0 e i )"Dry S r aw f2/} 'fg A -5 t. Lt C.GLG) F-v, —('fie tSS ci'i G c• l-� v (d 1- K Pe..n. et rt 5 . 4 , Date Filed Sign. re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2