2010.02.12_TC_Minutes_SpecialTOWN OF HIGHLAND BEACH
MINiJTES OF TOWN COMMISSION MEETING
SPECIAL WORKSHOP MEETING
Friday, February 12, 2010 1.30 PM
Mayor Jim Newill, CPA called the Special Workshop Meeting to order in Commission Chambers
at 1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Jim Newill, CPA; Vice Mayor Miriam S. Zwick;
Commissioner Doris M. Trinley; Commissioner John J. Sorrelli; and Commissioner John J.
Pagliaro. 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.
Civility Pledge: The Civility Pledge was recited by the Town Clerk.
1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA
• None
2. PUBLIC COIVIlVIENTS AND REQUESTS
Jerry Marshall -Bel Lido
Bel Lido Isle is heavily represented here today because we have more property on the water
than any other area in Highland Beach. We participated when the first code was proposed and
have a lot of history. Since it is a workshop, if there are items that we can clarify, we would
like to bring them up at that particular time.
Consensus -Was to allow this type of participation at this meeting.
3. NEW BUSINESS
A) Proposed Zoning Code Text Amendments
Town Commission Special Workshop Minutes
February 12 2010 Pale 2 of 6
Lou Stern -Chair, Planning Board
The Planning Board started this project about six years ago after the Building Official advised
us that he was having some difficulty with the code. Without authorization, we started an Ad-
Hoc Committee and began having meetings to rectify some of the areas that were changed in
2000 and were of concern with the Building Official. As we progressed along the way, some
of the members of the Planning Board changed, but the current members of the Planning Board
are in attendance today to answer any questions the Commission might have.
Town Mana er Su erman - Do you want to go line by line?
Mayor Newill -Section 23-8. Prohibited signs: In the first sentence you included "and on any
Town sewer system lift station." It also should be included in the second sentence.
Vice Mayor Zwick -Section 23-7 -Permitted signs; (1)(C) Permanent signs: -The second
sentence states: "Such sign must be illuminated, but not with intermittent or colored lights or
animation." If there is such a sign, who do you notify -the police department or the building
department? Reply -Either one.
Town Manager Superman -The proposed text amendments are made in green. These
recommended changes are an attempt to eliminate the headaches and clarify the topics that
have historically come before the Planning Board and Board of Adjustment. Suggest we go
page by page with questions.
Town Attorney Sliney - A lot of the zoning changes in the past have been of substance -
height, density, etc. These changes are text changes, and came as a result of issues that have
come before the Board of Adjustment and the Planning Board, where we had actual cases and
the code section was unclear. This is a textual clean up of some of these unclear items.
Manor Newill -Any questions on page one? Page two?
Commissioner Trinley -Page two, last portion of the last line of (5): "the Town will administer
the process of mailing." Mana er Superman -It is the obligation of the applicant to notify
adjacent property owners. Frequently, when the Board opened the public hearing, the
applicant was asked to show proof of the notice that was sent to the property owner and the
returned green cards indicating that the notices had been mailed out and accepted Some
applicants had the notice but not the returned cards or vice versa. By having the Town mail the
notices, this will eliminate the problem. The applicant will still be required to pay the cost of
the mailing.
Mana er Su erman -Table 30-2 Property Development Regulations -Foot Note #4 in green
on page 2 and 3 are new foot notes. Minimum Front Setback; Minimum Side Setback;
Minimum Rear Setback, Ocean Setback, and High-Rise Setback were never addressed before,
and it was unclear if these items were allowed in the setback.
Mayor Newill - On page 3 -why is foot note (6) being removed? Mana eg r Su eg rman -There
was never a #6 foot note.
Town Commission Special Workshop Minutes
February 12 2010 Pale 3 of 6
Commissioner Trinlev -Page 4 - (4) Ancillary Items Allowed Within the Setback: -the last
part of the sentence: requirements limiting obstruction of visibility. What is visibility?
Mana e~ r Su eg rman - It appears in the full code there is a line in the chart called "maximum of
building heights." In reviewing that Line, it states: 35 feet -Residential (RE); 35 feet -
Residential Single Family (RS); 35 Feet -Multiple Family-Low Density (RML); 40 Feet
Multiple Family-Medium Density (RMM); 50 Feet -Multiple Family-High Density (RMH);
and 35 Feet Government Service District (GSD). This may be what it is referring to, it is
unclear. Comm. Trinlev - It needs to be clarified. Vice Mayor Zwick -Remember fences,
walls, swings in set backs not to go over a certain height as to obstruct neighbors view. Town
Attorney Sliney - It is ambiguous the way it is written.
Mayor Newill -Page 4
Jerry Marshall - (4) Ancillary Items Allowed in the Setback needs to be revisited. The Town
has rights from the middle of the road, and this section contradicts it in many ways.
Town Attorne S~liney -This whole section needs to be corrected.
Beverly Knight -Planning Board -This is just a foot note and only applies to residential set
backs which are going to change. The foot note applies to this section only; what needs to be
taken out is: "and requirements limiting obstruction of visibility."
Commission Trinlev - On page 4 Section 30-68 (e) -The building official is permitted to
require an investigation and recommendation of a registered design professional to demonstrate
that the intent of this section and the code has been satisfied. What does that mean? Mana er
Su eg_rman - When you put in a swimming pool in a set back, because of the geophysical nature
of the Town of Highland Beach, it is important that swimming pools are properly shored, load
bearing, and there are engineer plans measuring the slopes. We do not want swimming pools
sloping off into the Intracoastal.
Vice Mayor Zwick - On page 4 (b) Variance from requirements, Board of Adjustment and
Appeals should be capitalized.
Mayor Newill -Page 5
Commissioner Trinlev - (g) Accessory marine facilities: (3) Lifting devices -Town
Commission should be capitalized. (h) Why is the Town not doing the mailing here as in the
previous change? Attorne, SAX -That makes sense. Chair Stern -That was our intent.
Mayor Newill -The way it is presently written is conflicting. The Planning Board Chair,
Town Attorney and Town Manager will review the language and return the document to the
Commission.
Town Commission Special Workshop Minutes
February 12 2010 Page 4 of 6
Vice Mayor Zwick -Section (p) -Overhangs -roof overhangs not exceeding four feet, shall
be permitted to encroach into front, side, or rear setbacks. So the roof can exceed past the
window? Reply -Yes.
Mayor Newill -Page 6
Commissioner Sorrelli -Page 7 & 8 -Boat Lifts, it is my understanding that the boat lifts are
ok with the Town, but not ok with the individual condos. If the condo does not want a boat lift
they do not have to have them? Mana eg r Su eg rman - I believe that is correct. Individual
condos and home owners associations can have deed restrictions prohibiting boat lifts. They
have the ability to further restrict the Towns' regulations.
Commissioner Pa~liaro -Page 6 item (3) b - A building permit is required for installation of a
permanent or retractable canopy. What concerns me is that condo associations are allowing
work to be done without a permit or have the contractor register with the Town. Work goes on
without the Town even knowing about it. Did the Planning Board investigate or address this?
Is there anything in the Building Code that addresses unlicensed contractors? Is there any way
to tighten it up? Manager Superman -The concept is not addressed in the code, but we do
attempt to deal with the issue outside of the code. At a minimum of once a year, we have an
annual condo, homeowners association, presidents and managers meeting. We always include
on the agenda at this meeting: 1) when do you need a permit, and 2) what is the process for
insuring the contractors are licensed and insured. We try to build relationships with the condo
managers so that if homeowners have work going on, the manager will confirm that a permit
was taken and the contractor is licensed and insured. We do not have permit police. Comm.
Pa Ig iaro - What I am trying to get at is there any way we can tighten it up? Mayor Newill -
Understand that you have meetings once a year, but I know of cases where it is not the owner
letting the unscrupulous contractors in to do the work, but the condo association itself. Vice
Mayor Zwick - It is not only the owners who go against the regulations, but the condo boards
convince the managers to also. Not all managers know the condo Iaws. Condo dwellers do not
realize that unlicensed contractors are not covered by the condo insurance. Chair Stern -What
you are talking about would make an excellent article in the Highlander.
Mayor Newill -Page 7
Commissioner Trinley -Dolphin Pilings -Does MHW mean "mean high water?" Manager
Sugerman -Yes, and we will have it spelled out.
Vice Mayor Zwick -Looking at the diagram, how far away from the property line are pools?
Reply - 5 feet. Vice Mayor Zwick -Are pool enclosures addressed? Chair Stern -Our code
does not require fencing for pools. 'The Commission might consider making it mandatory.
Mayor Newill -Page 8
Commissioner Sorrelli -Town Attorney were you at most of the Planning Board meetings
when these changes were discussed? Reply -Yes.
Town Commission Special Workshop Minutes
February 12 2010 Pale 5 of 6
Town Mana eg r Superman - Do you want to bring the modifications back to the Planning
Board? Consensus -leave with the Town Commission.
REPORTS -TOWN COMMISSION
Commissioner Pa l~iai'o -I walked out of the Board's Appreciation luncheon realizing how
special this Town is. At the Post Office, the gentleman in front of me mentioned one of our
residents turning 100. Then someone else mentioned another resident. They are: Helen
Camorti on 2/20 and Betty Lombardi on 4/20. The Town Clerk purchased cards for the
Commission to sign congratulating both of these ladies.
Commissioner Sorrelli - No Report.
Commissioner Trinley -Thanked the Planning Board for the comprehensive report.
Vice Mayor Zwick - No Report, but second Commissioner Trinley's comments.
Mayor Newill -Congratulate Commission Trinley on her re-election.
5. REPORTS -TOWN ATTORNEY
No Report.
6. REPORTS -TOWN MANAGER
No Report.
7. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
No Comments.
8. ADJOURNMENT
There being no further business to come before the Commission, Mayor Newill adjourned the
Regular Meeting at 2:50 PM upon a MOTION by Commissioner Sorrelli; seconded by
Commissioner Pa liaro.
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APPROVED: V~v L~ ~ ~/
Jim Ne 11, CPA, Mayor
Town Commission Special Workshop Minutes
February 12 2010 Pale 6 of 6
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ATTEST:
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everly M. rown, MMC
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Date ~
Doris M. Trinley, Commissioner
John rrelli, i ion
John J agliaro, ommis 'oner