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2009.08.12_PB_Minutes_RegularQ'~ 16 H `' ~'/O ~ • ,... . • ' ~ • M~_....... 1~ • ~ • m ~ :.' :~- :~ ~o:~ '•~ .'~~~._ ~~r ~_~ofl TOWN OF HIGHLAND BEACH MINUTES OF THE PLANNING BOARD REGULAR MEETING Wednesday, August 12, 2009 9:30 A.M Members Present: Chair Louis P. Stern, Vice Chair Joseph Yucht, Board Member Max Angel, Board Member Patricia A. Pembroke, and Board Member Paul Resnick. Member Absent: Board Member Dennis Sheridan (excused). Also Attending: Town Attorney Tom Sliney, Deputy Town Clerk Valerie E. Oakes and members of the general public. CALL TO ORDER: Chair Stern called the Regular Meeting to order at 9:30 AM. Roll call was taken by Deputy Town Clerk Oakes. The Pledge of Allegiance followed. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: • MOTION: Board Member Resnick moved to accept the agenda as presented. Board Member Angel seconded the motion, which passed unanimously. PUBLIC COMMENTS AND REQUESTS: No public comments. PRESENTATIONS: No presentations. APPROVAL OF MINUTES: MOTION: Board Member Angel moved to approve the minutes from the May 21, 2009, workshop meeting. Board Member Pembroke seconded the motion, which passed unanimously. OLD BUSINESS: A. Draft Changes to Section 30, Zoning Code of the Code of Ordinances of the Town of Highland Beach • Planning Board Regular Meeting 08/12/09 Page 1 of 4 • Chair Stern - Is awaiting information from staff, but this should be completed next month. Will have a public hearing to adopt the changes and send the transmittal letter with the recommendation to the Town Commission. Sliney -Will check the advertising requirements prior to September. The board discussed and made minor additional changes to chapter 30. The board requested that the Deputy Town Clerk find what new code(s) reference the 2000 Code Ch. 30, Section 5.2(d)(1). Specifically, the board discussed in great deal the intent of the new added language for section 23-8, prohibited signs by the town manager. MOTION: Board Member Angel moved to accept the additional changes made by the town manager to section 23-8, prohibited signs. Board Member Yucht seconded the motion, which passed unanimously. Chair Stern reported that the board would review chapter 6 in the near future; we are waiting for comments from the building official. There is a feeling by town staff that the board should make a recommendation to the commission regarding the installation of a series of traffic signals. • Board Member Angel -The problem that arises is that ff one area wants a signal then everywhere else does, and this is not a commercial area. Chair Stern -Anyone can place the item of the agenda. Announced Marie Marchesani's resignation and thanked her for her hard work. There are two applications in the talent bank. Vice Chair Yucht - Recently an item was placed on our agenda for consideration. I fought tooth and nail to keep the item off the agenda. Contending that we did not have jurisdiction over the matter, in spite of my researcher I found no basis for entertainment on the mater. I was later informed that there is an Administrative Code for the Town of Highland Beach, which pertains and gives us jurisdiction over the matter. How are we supposed to know about these hidden codes? When we discussed the matter, the town attorney did not tell us of the code. Administration never gave us copy of the code when we were appointed. I do not like to be blind-sided with the law. I am requesting that the town provide us with separate legal counsel since he may have a conflict of interest when the Administration places an item on the agenda. He cannot advise the Administration and the Planning Board on the same matter if they are at odds. He has a conflict of interest. Should the town not deem it in its best interest to provide us with separate counsel then I guess we will just do the best we can with what we have and it will be like fighting with one hand behind our back. • Planning Board Regular Meeting 08/12/09 Page 2 of 4 • Town Attorne. S~line_y - I am not sure as to what you are referring to regarding the Administrative Code, but there is a Comprehensive Plan that has elements that you are all familiar with and is the basic planning tool for current land use, future land use and the zoning map. In the Comprehensive Plan is the Evaluation Appraisal Report, which recently was updated by the Town Commission. In the Comprehensive Plan, there are various elements such as coastal, traffic, etc. The DOT should have arguably consulted with the Town is that we have a traffic element. Chair Stern -Another area, the chairperson of Beaches and Shores Advisory Board would like the Planning Board to consider a joint venture to work together on the issue of making the public aware of accidents along the Intracoastal and to be sure that they know who and how to report the accident. Vice Chair Yucht -Putting signs is a waste of time, money and effort. Can we ask another agency? What do we ask? Town Attorney Sliney -The time has not come for the Town of Highland Beach for no wake zones. Chair Stern - Do we want to join to try to make people aware? Board Member Angel -Beaches and Shores know that they are up on a brick wall. • Board Member Pembroke -Agrees with Stern and Sliney. Sea Gate property has worked hard and has not gotten far. Board Member Angel -Without enforcement, the law is useless. MOTION: Board Member Pembroke moved to assist the Beaches and Shores Advisory Board. Board Member Yucht seconded the motion, which passed unanimously. Chair Stern asked that the Deputy Clerk schedule a meeting with the Beaches and Shores Advisory Board. NEW BUSINESS: A. Public Records Request Town Attorney - I submitted an article from Ft. Lauderdale that deals more so with the Sunshine Law, not public records. This article deals with the proliferation of emails at the planning board level. It was suggested from the commission to issue personal emails and telephone for the public to communicate with members regarding a controversial issue. The issue is that one of the members deleted all of the emails. In Ft. Lauderdale, they are trying to figure out if emails at home are allowed to be deleted. • There were emails sent to a members personal home email address and were deleted. Planning Board Regular Meeting 08/12/09 Page 3 of 4 • Town Attorney Sliney recommended that the planning board members do not email any person regarding any business matter from a personal email. Board Member Resnick -What are we talking about with verbal communication? Town Attorney Sliney -Commissioners and planning board members are lobbied, as long as you disclosed the information it is fine that you speak with a developer, applicant, etc. ADJOURNMENT: MOTION: Board Member Angel moved to adjourn the meeting at 10:46 a.m. Board Member Pembroke seconded the motion, which passed unanimously. APPROVED: ou Ste ,Chair • TOWN SEAL Excused Absence Dennis Sheridan, Board Member Vacancy • ATTESTED: ~--1 ~.at ,l--C,l Valerie E. Oakes Deputy Town Clerk Date: Wednesday September 9, 2009 Planning Board Regular Meeting 08f 12f09 Page 4 of 4 _~%~~ Paul Resnick, Board Member