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: _______________________