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2015.09.24_TC_Minutes_Special TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING SPECIAL MEETING Thursday, September 24, 2015 4:30 PM Mayor Bernard Featherman called the Special Meeting to order in the Town Commission Chambers at 4:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz, Ph.D; Commissioner Carl Feldman; Commissioner Louis P. Stern and Commissioner Rhoda Zelniker. Also present: Town Attorney Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Police Chief Craig Hartmann; Finance Director Cale Curtis; Building Official Michael Desorcy; Code Enforcement Officer Carol Holland; 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. Town Manager Brown added the cancellation of the Town Commission Workshop Meeting of Tuesday, September 29th. Receiving no further additions or deletions, the agenda was accepted as amended. 2. PUBLIC COMMENTS AND REOUESTS: Glen Goldman, 3644 S. Ocean Blvd. — At the meeting of September 10th, we had concerns about the project at 3621 S. Ocean Blvd. Since that time, we have had numerous discussions with the developer, and he has alleviated many of our concerns. We are withdrawing any objections and concerns we had with this project. 3. NEW BUSINESS: None Town Commission Special Meeting Minutes Thursday, September 24, 2015 Page 2 of 3 4. MISCELLANEOUS—ITEMS LEFT OVER: A) SITE PLAN APPROVAL — 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 — This project was approved by the Planning Board on July 8, 2015 and a variance was considered and granted by the Board of Adjustment on September 2, 2015. The Code of Ordinances of the Town of Highland Beach requires this project to have final approval by the Town Commission. Commission Discussion: Commissioner Feldman—We received a memo from Town Attorney Torcivia stating that once the variance is granted, the Town Commission has no say in this matter. Town Attorney Torcivia — Not on the variance because you changed your code giving the Board of Adjustment the final say. You do have a say on the site plan because that is a recommendation to you from the Planning Board. You are voting today on the site plan and not the variance. Commissioner Zelniker — This application was approved by Building Official Desorcy, the Planning Board and the Board of Adjustment. There were some issues brought up by the residents of Ocean Grande Place, and the Planning Board also had concerns regarding the interpretation of our codes, which the Commission should also address at some point in the future. The applicant has met all the requirements and we should approve this plan. Vice Mayor Weitz — I have no problem with the procedures we have utilized by the different Boards. My concern was that there were still some outstanding issues by our community residents, and these concerns were addressed by the developer. I want to thank them for working through this for the benefit of our Town and residents. Commissioner Stern— Once we heard from the Planning Board, there should have been no further discussion. It was also approved by the Board of Adjustment for a variance, and should not have come back to the Commission. I am in favor of approving this plan. MOTION: Commissioner Feldman moved to approve the site plan application for 3621 South Ocean Blvd. Motion was seconded by Commissioner Stern, which passed unanimously. 5. REPORTS—TOWN MANAGER BEVERLY M. BROWN: We have no pending items to discuss at the Workshop Meeting on Tuesday, September 29d. I would like to ask the Commission to pass a motion to cancel the Workshop Meeting for the month of September. Town Commission Special Meeting Minutes Thursday, September 24,2015 Page 3 of 3 MOTION: Vice Mayor Weitz moved to cancel the September 29th Workshop Meeting. Motion was seconded by Commissioner Stern. Commission Discussion: Commission Feldman — There is an item open for discussion. There is a company that would like to make a presentation regarding taking over the Library. This should be done at the Workshop Meeting so the residents, as well as the Commission, would be made aware of what is happening. Town Manager Brown — I will be at a conference next week, and the gentleman will be at that same conference. I was looking at scheduling this presentation for the October 27th Workshop Meeting. Do you want to have his presentation in a public forum, or meet with him individually? Consensus was to have a public forum. The motion to cancel the September 29'x' Workshop Meeting passed unanimously. 6. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: None. 7. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman called for a motion to adjourn the Special Meeting at 4:47 PM. MOTION: Vice Mayor Weitz moved to adjourn the Special Meeting at 4:47 PM. Motion was seconded by Commissioner Stern which passed unanimously. APPROVED: Be and Featherman, Mayor issioner Iouis P. Stern 41 William Weitz,Vice Mayor issioner R14da Zelniker 1 ATT S Commi Toner Carl Feldman Valerie Oakes, CMC Date Town Clerk