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2015.09.10_TC_Minutes_Special TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING SPECIAL MEETING Thursday, September 10, 2015 4 PM Mayor Bernard Featherman called the Special Meeting to order in the Town Commission Chambers at 4:00 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz, Ph.D; Commissioner Carl Feldman; and Commissioner Rhoda Zelniker. Member Absent: Commissioner Louis Stern. Also present: Town Attorney Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Finance Director Cale Curtis; Public Works Director Edward J. Soper; Building Official Michael Desorcy, Code Enforcement Officer Carol Holland; Interim Library Director Suzi Hayes; Police Chief Craig Hartmann and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman called for any additions or deletions to the agenda. Receiving no additions or deletions, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REOUESTS: Roger Messenger, 3115 S. Ocean Blvd — I request that the start time for the pouring of the concrete at 3200 S. Ocean Blvd. be moved up one hour from 5:00 AM to 6:00 AM on Saturdays. Town Manager Brown — They were given permission to start pouring at this time because it was a matter of public safety, which was requested under an emergency provision of the Code of Ordinances and approved. Since there were so many trucks, and we have many walkers and bicyclists on Saturdays, we wanted to get them off the road as soon as possible. The bicycle clubs were notified, and there were highway patrols at the site. There will be one more concrete pour and they will start early on that day also. Town Commission Special Meeting Minutes Thursday, September 10, 2015 Paae 2 of 6 3. NEW BUSINESS: A) Authorize the Mayor to Approve the Premium Recapitulation from Public Risk Insurance Agency (PRIA) and to Include Acceptance of the two -year Coverage Agreement. Town Manager Brown — The Town's current insurance coverage Florida Municipal Insurance Trust (FMIT) expires on September 30 Finance Director Cale Curtis has obtained proposals from Preferred Government Insurance Trust (PGIT) and FMIT. Both proposals are a significant reduction from last year's premiums, with PGIT edging out FMIT by almost $10,000. Since the memo was written, the insurance has been reduced by another $2,200. The ro osal from PGIT P p includes additional benefits. Discussion ensued regarding the fire truck and two police vehicles being written in the contract. Finance Director Curtis explained that the reduction of the $2,200 was for the removal of the three items. MOTION: Commissioner Feldman moved to authorize the Mayor to sign the proposal. Motion was seconded by Vice Mayor Weitz, which passed unanimously. B) Commission to Waive Purchasing Policy and Authorize Town Manager to Sign an Agreement with Kilbourne and Sons Asphalt Maintenance. Town Manager Brown — Public Works Director Ed Soper physically inspected the Town's walking path for areas of potential hazards and took photos of the areas that needed immediate remedial improvements. It was determined that it would be in the Town's best interest to remove, repair and replace these areas prior to the Town Commission setting a long term policy. Areas that required immediate remediation have been repaired. Kilbourne & Sons, Inc. was invited to review the areas of concern and provide a proposal for repair; the bid was for $25,362.31. Commission Discussion: Commissioner Zelniker — We have to repair the sidewalk for the safety and wellbeing of our community. I hope it is understood that, in the very near future, we are going to completely redo the sidewalk. Comm. Feldman had a question regarding the estimate which had the same listing in two places for doing two different things; it may be a typographical error. Town Manager Brown will look into this. MOTION: Commissioner Feldman moved to approve the agreement with Kilbourne and Sons Asphalt Maintenance once the estimate is checked over and found not to be a typographical error. Motion was seconded by Commissioner Zelniker which passed unanimously. Town Commission Special Meeting Minutes Thursday, September 10, 2015 Pase 3 of 6 4. MISCELLANEOUS — ITEMS LEFT OVER A) Recommendation from the Planning Board for the Town Commission to Approve subject to the Florida Department of Environmental Protection (FDEP) approval letter for the following application: 3621 South Ocean Blvd: Richard Jones Architecture Construct two three -unit townhouse buildings that are four stories in height. Building Official Michael Desorcy — The Town Commission has been asked to approve the multi- family project at 3621 South Ocean Blvd. which was previously approved by the Planning Board on August 12 with the stipulation that they get Board of Adjustment approval for an additional exception to the building height and the notice to proceed from the Florida Department of Environmental Protection (FDEP). The Board of Adjustment approved the third exception to the building height on September 2 Public Comments: Richard Balin, 3222 S. Ocean Blvd — I am the President of the Ocean Grande Place Homeowner's Association and am speaking both for the association and myself as a resident. We received notice of this variance three weeks ago. If the developer had not requested this variance, we would not have been notified at all. This project greatly affects our neighborhood views, our traffic and access and ultimately our property values. We are not in support of this project for the following reasons: (1) The granted height variance is inappropriate under the town code and Florida law. The arguments presented by the developer were reasons for granting the variance. The developer knew what the FEMA requirements and setbacks were, and faces a difficulty only because he decided to maximize the project for his own economic gain. (2) Other features of the proposed project violate the town building code. The elevator housing described on the plan greatly exceeds the size allowed in the code. The code states that the exception should not be more than four feet above the roof height. The air conditioning units, in addition to being the third exception which required the variance, will be higher than the four feet after placing them on an 18 inch pedestal. We believe he should have applied for two variances; one for the air conditioning units and the other for the height of these units exceeding the four feet permitted. (3) The stated acreage is inconsistent with Palm Beach County records. Their submittal is reliant on a statement of acreage that is inconsistent with the county records. The developer's survey shows the parcel being 1.04 acres, and the county property appraiser shows the parcel as being 0.8 acres, which would allow for only four units. We believe there should be third party verification. (4) The variance hearing was not conducted per the Town's procedures. The Board of Adjustment & Appeals voted unanimously to approve the variance without making the required findings as specified in the code as they had for the prior applicant at that hearing. Town Commission Special Meeting Minutes Thursday, September 10, 2015 Page 4 of 6 Per the Town's code, there is a 30 day appeal period for variances, which we are considering exercising. We ask that you deny approval of this project in its current format, or postpone your decision until you have had the opportunity to further review our objections. Ronnie Friedman, Ocean Grande Place — Dr. Balin talked about the four reasons why you should be further inspecting this variance proposal. I believe the rooftop air conditioning that will exceed the four feet above the roofline is unacceptable, and they will create an unsightly view from our community. Ms. Friedman quoted from the Comprehensive Plan of Highland Beach: Objective 1- 1 states that future housing developments be compatible with adjacent existing development and 1 -1.5 regarding types of land development which leads to obstruction of views and overcrowding of land and reduction in light and air. The Town needs to defend the residents against ga nst the development. John Ross, 3600 S. Ocean Blvd — The purpose of zoning rules and building codes is to set limits on what is and what is not acceptable. Variances should only be granted if it is in the best interests of the municipality, and not the developer. If any of the allegations given by the President of the Ocean Grande Place Homeowner's Association are true, then this process is broken and you should not be hearing this. I urge the Commission to send this application back for further review. The developers should come back with plans that abide by the rules. Petitioner's Comments: Richard Jones, Richard Jones Architecture — We wanted to hear the concerns of the public, and what we could do to alleviate some of their concerns. We also want to insure them that this project is following a path very consistent with your zoning codes and the requirements for the variance that we sought and received. We obtained site plan approval from the Planning Board subject to approval from the FDEP. We then had to go to the Town Commission for approval. At that point, we were notified by Town Attorney Shutt that a variance was needed to place the air conditioning units on the roof according to your zoning code. We submitted for a variance and submitted the proper notices to the Town for anyone within a 300 foot radius, which is the requirement. At the Board of Adjustment meeting, the engineer explained the two ways that air conditioners could be mounted on the roof. We opted to have the air conditioners mounted on a six inch concrete curb with a 42 inch a/c unit bolted to the top of that curb so the units would not be any higher than the parapet wall, which is 4 feet and allowed according to the code. Michael Weiner, Attorney for the Applicant — What the Comprehensive Plan is calling for, we are now similar to and almost exactly the same as our neighbors with respect to our roof line. The county records do not do surveys, and that they have submitted a certified survey which was reviewed by Building Official Michael Desorcy. This project was approved by the Planning Board, and the Building Official stated it meets the plans. The variance was granted by the Board of Adjustment & Appeals. This hearing is not about retrying everything that has occurred to date. The applicant is not building beyond your code, and they are not asking for anything that there is not a clear path to allow them to do. Town Commission Special Meeting Minutes Thursday, September 10, 2015 Page 5 of 6 Commission Discussion: Vice Mayor Weitz — I believe an ordinance was passed a year or so ago that the Commission was not given the power to overrule the variance. Town Attorney Torcivia — That is correct. If anyone wanted to challenge the variance decision, that is an appeal directly to the court. You are looking at the overall site and not the variance. Vice Mayor Weitz — Developers know what the code is prior to submitting their application. There have been four items that have been raised as issues. My question to the developer is under what criteria did you seek the variance? Attorney Weine — There is an 8 foot easement that runs along the side of our property in which you cannot put any improvements. Any path for air conditioning units would not be possible and he continued to state the other criteria. Vice Mayor Weitz — My concern is that decisions were made which may have an impact on the community down the road. You are relying on a variance to get approval for what it is you need. You have mentioned six units versus four units. It has nothing to do with traffic or congestion, but there is a difference financially. I feel that somehow this does not come together right. I respect the citizen's concerns and the developer's attempt to build. Attorney Weiner — The four versus six units comes because of a county error, and that is the only reason it is raised. The zoning is what it is, and the certified survey is what it is. Six units are allowed to be built. Highland Beach has a history of allowing the air conditioning units to be built behind parapet walls on the roof because it would do exactly what you don't want done. It would make this town ugly. Comm. Feldman — Building Official Desorcy, you approved it, but were there any reservations in your approval? B.O. Desorcy — There were reservations from the beginning. I asked the architect to make some changes to his plan on the roof, which he did. The Planning Board approved the site plan and the Board of Adjustment & Appeals approved the third exception to the roof so there are no more issues. Comm. Feldman — Were notices sent out to the residents? Town Clerk Oakes — They were questioning whether or not notices were sent out for the site plan application for the Planning Board meeting. However, mailing notices is not required for site plan applications. We follow our normal procedure with posting the notices on the Town website and bulletin boards. Comm. Feldman — Did the certified survey provided by the applicant meet your approval? B.O. Desorcv — The Town does not rely on the information posted on the Palm Beach County Property Appraiser's website when determining the size of the lot to be developed. The Town requires a certified survey by a State Certified Surveyor and Mapper. Comm. Zelniker — I attended both the Planning Board meeting and the Board of Adjustment meeting. There was some confusion at the Planning Board meeting regarding the codes. Perhaps B.O. Desorcy and the Commission could review the codes. MOTION: Commissioner Feldman moved to approve the site plan application at 3621 South Ocean Blvd. Motion was seconded by Commissioner Zelniker Town Commission Special Meeting Minutes Thursday, September 10, 2015 Page 6 of 6 ROLL CALL: Commissioner Feldman - Yes Commissioner Zelniker - Yes Vice Mayor Weitz - No Mayor Featherman - No Motion Failed. Attorney Weiner — Could this decision be postponed until there is full membership of the Commission? Town Clerk Oakes — The Commission could hold a special meeting on September 24 prior to the Budget Public Hearing meeting. MOTION: Commissioner Feldman moved to postpone the decision until September 20 at 4:30 PM. Motion was seconded by Vice Mayor Weitz which passed unanimously. 5. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman adjourned the Special Meeting at 5:04 PM. APPROVED: doissionei Bernard Featherman, Mayor Carl Feldman William Weitz, Vice Mayor o issioner o elniker oner (uis P. Stern ATTEST: Catf Valerie Oakes, CMC Date Town Clerk