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2007.09.04_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, September 4, 2007 1:30 P.M. Mayor Harold R. Hagelmann called the Regular Meeting to order in Commission Chambers at 1:30 P.M. CALL TO ORDER: Roll Call : Members present: Mayor Harold R. Hagelmann; Vice Mayor Joseph J. Asselta: Commissioner Miriam S. Zwick; Commissioner Jim Newill, CPA; and Commissioner Doris M. Trinley. Also present: Town Attorney Tom Sliney; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence in honor of members of the military, both living and deceased. 1, ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA ? None 2.PUBLIC COMMENTS AND REQUESTS Joseph Yucht ? Boca Highlands ? Contacted State Representative Adam Hasner about the traffic light in front of the fire house. He put me in contact with the Director of Transportation for this area and the Secretary of DOT for the state. They are prepared to issue a permit for a light in front of the fire house as soon as they receive an application. Presenting this for a reconsideration vote of the Commission. The trucks pulling out on the street are an accident waiting to happen. 3.PRESENTATIONS A)Ocean Cove Villas Application to replace the existing 14 unit Boxwood Terrace Condo Association with two, new three-unit townhouses Al Giachetti ? (developer and one of the 5 new owners) Property is a 1.5 acres piece that is located at 4215 S. Ocean Boulevard with 200 foot of ocean frontage that presently has a 50 year old motel situated on it. It is located in a multi-family district and will be redeveloped with two, three- unit town houses which is consistent with neighborhood properties. New structure meets the Towns? zoning set backs as well as meeting DOTs. The houses will be constructed further back from both the ocean and the street than the adjacent houses. We will be rebuilding the dune and planting the Town Commission Minutes September 4, 2007 Page 2 of 6 cliff area as directed by the Dept. of Environmental Protection. DEP has specified the type of plants to be planted and that no sand can or will be removed from the property. Vice Mayor Asselta ? Have you volunteered to do an ?environmental impact study? Reply ? No, it was not a requirement. We have already received a Final Order from the state. Bob Dawson ? Highland Beach Building Official ? Mayor Hagelmann ? Does the project meet all the requirements? Reply ? Yes. The procedure begins with the applicant applying for DEP and Coastal Construction Zone permits. While he is working with them, we do not get involved. The state has also issued permits for rebuilding the dunes and is specific on the plantings that need to be maintained in this area. The state has told him exactly where they can build these buildings and the maximum height. Vice Mayor Asselta ? How many units can you build in a multi-family zone? Reply ? six units per acre. Mr. Giachetti ? We will be replacing an old structure that is non-conforming with two buildings that meet all zone requirements. Neighbors are against the side entrances, but there are identical types of units already built using this same type of construction in the area. The neighbors spoke against the application prior to the state permits being issued, but the state still issued the permits. Mr. Patek is adjacent to the property and originally owned two of the units. I granted him a three foot easement for his driveway with an agreement that he would not speak out against the proposal. He chose not to live up to his agreement. Mr. Giachetti shared photos of the rendering of this project and similar buildings in Highland Beach. Town Manager Sugerman ? Stated that this was a presentation, and it is an agenda item for action by the Commission under New Business. 4. BOARDS AND COMMITTEES A) Board Correspondence ? Cultural Board ? Emily Firtell, Chairman Presented Cultural Board Events Calendar for 2007/2008. Commissioner Newill voiced concern that it was turning into a snowbird Cultural Board. Chairman Firtell stated that when they lost one of the members he was in the middle of scheduling a summer concert series. When the events are advertised on Channel 19, they all will have detailed descriptions. Light Up The Holidays (LUTH) ? the committee scheduled it on December th 16 so that it would not interfere with the boat parade. The Commission thought this was nd too late in the month. After much discussion, LUTH will be held on December 2. Vice Mayor Asselta requested that the Cultural Board consider local groups for entertainment and to notify any dignitaries invited that they should only speak for 30 seconds to a minute. ? Planning Board ? Lou Stern, Vice Chairman stated that Mr. Giachetti applied to the Planning Commission for the demolition of Boxwood Terrace Condo and presented plans for construction of two, three- unit townhouses. There is nothing in the Towns? Code to stop him from building these units. He stated that he lives in Camino Cove, and all the units have side entrances. The Planning Board had a unanimous vote in recommending approval of this application. Town Commission Minutes September 4, 2007 Page 3 of 6 B) Board Action Report ? Accepted report as submitted. C) Board Vacancies ? Vacancies: One (1) Board of Adjustment and Appeals D)Monthly Board Meetings ? read into the record by Mayor Hagelmann ? Beaches & Shores Advisory ? September 11th ? Regular ? 9:30 A.M th ? Planning Board ? September 12 ? Regular ? 9:30 A.M. ? Code Enforcement Board ? September 19th ? Regular ? 9:30 A.M. ? Cultural Board changed to October 4, 2007 at 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS ? None 6.NEW BUSINESS ? Consideration of the Ocean Cove Villas application to replace the existing 14 unit Boxwood Terrace Condo Association with two, three-unit townhouses. MOTION: Commissioner Zwick moved to accept the recommendation of the Planning Board and to approve the application of Ocean Cove Villas for demolition of the existing 14 unit Boxwood Terrace Condo and construction of two, three-unit townhouses; seconded by Commissioner Newill. Discussion: Vice Mayor Asselta inquired if we could make a stipulate a time requirement. Manager Sugerman stated that time limits are regulated by the Town Code. Construction must begin within six months of issuance of a building permit. Building Official Dawson ? advised that the Building Code regulates 180 days. But every time they have an inspection, another 180 days begins. The Planning Board approval is only good for two years. Mr. Giachetti advised that he would be starting as soon as he has the permit, and will continue until it is finished. Four of the six units have already been sold. ROLL CALL: Commissioner Zwick - Yes Commissioner Newill - Yes Commissioner Trinley - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes MOTION CARRIED UNANIMOUSLY Town Commission Minutes September 4, 2007 Page 4 of 6 7)MISCELLANEOUS ? ITEMS LEFT OVER ? None 8) REPORTS ? TOWN COMMISSION Commissioner Trinley ? None Commissioner Newill, CPA ? None Commissioner Zwick ? None Vice Mayor Asselta ? Will be out of state and not attending County Commissioner McCarty?s th meeting on September 20, but have sent her a letter sharing my opinion. When the Royal Palms were recently planted, some of the trees that had been donated along A1A were removed. Is there any way that we can keep the memorial plaque? Manager Sugerman - We did our best to save the donated memorial trees, but some were diseased and storm damaged and had to be removed. Do not have the complete records to replace all the plaques on the trees that were removed. Mayor Hagelmann ? None 9)REPORTS ? TOWN ATTORNEY No Report 10) REPORTS ? TOWN MANAGER Recently learned about a new state statute dealing with municipalities going out to bid for auditors. It is now necessary to appoint an ?auditor selection committee,? whose primary duty is to rank the firms submitting proposals. Commission appointed the following to the ?Auditor Selection Committee.? Stan Novak, Finance Director Jim Newill, CPA, Commissioner Dale Sugerman, Town Manager Neil Byrd, Town Resident 11) CONSENT AGENDA Commissioner Newill - At the last meeting he stated that he was in favor of ?early voting? and requested that item #1 regarding Palm Beach County Supervisor of Elections be removed from the Consent Agenda. The item was removed from the Consent Agenda. Town Commission Minutes September 4, 2007 Page 5 of 6 MOTION: Commissioner Zwick moved to approve the balance of the Consent Agenda; seconded by Vice Mayor Asselta. MOTION CARRIED BY VOICE VOTE . Consent Agenda - Minutes: Workshop Meeting ? July 31, 2007 Special Meeting ? July 31, 2007 Regular Meeting ? August 7, 2007 MOTION: Commissioner Newill moved to not opt-out of early voting. Motion died for lack of a second to the motion. MOTION: Commissioner Zwick moved to notify the Palm Beach County Supervisor of Elections that the Town of Highland Beach will continue to hold municipal elections in March and will opt-out of early voting; seconded by Commissioner Newill. MOTION CARRIED BY VOICE VOTE . 12.PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING ? None 13.ADJOURNMENT There being no further business to come before the Commission. Mayor Hagelnann adjourned MOTION the Regular Meeting at 2:50 upon a by Commissioner Newill seconded by Commissioner Zwick. APPROVE: __________________________________________ Harold R. Hagelmann, Mayor __________________________________________ Joseph J. Asselta, Vice Mayor __________________________________________ Miriam S. Zwick, Commissioner Town Commission Minutes September 4, 2007 Page 6 of 6 __________________________________________ Jim Newill, CPA, Commissioner _________________________________________ Doris M. Trinley, Commissioner ATTEST: ____________________________ Date: _______________________