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2009.07.08_PB_Minutes_Regular~~~~ t 6 H ~: ~~ ~~~ :.' :~ i3.:. :s ~a. •n :~ `,~~w fl Ofl10~••' TOWN OF HIGHLAND BEACH MINUTES OF THE PLANNING BOARD REGULAR MEETING Wednesday, July 8, 2009 9:30 A.M Members Present: Chair Louis P. Stern, Vice Chair Joseph Yucht, Board Member Max Angel, Board Member Marie Marchesani, Board Member Patricia A. Pembroke, Board Member Paul Resnick, and Board Member Dennis Sheridan. Also Attending: Town Manager Dale Sugerman, 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 a.m. Roll call was taken by Deputy Town Clerk Oakes. The Pledge of Allegiance followed. Town Manager Dale Sugerman, upon the request of Chairman Stern, made a presentation regarding the Sunshine Law. Dr. Sugerman stated that the law boils down to one • sentence: The people's business must be done in a public setting where the people can hear and see the people's business being done. The Planning Board Members may not communicate with each other via electronic mail, telephone or mores code. Two or more members discussing Town business other than in a properly noticed public meeting is a violation of the Sunshine Law subject to a 2°d degree misdemeanor leading to up to 60 days in prison or a fine of up to $500.00. Dr. Sugerman also reported that the agenda is coordinated between the chairperson and the board secretary. Should any member of the board wish to place an item on the agenda then the board member would contact the secretary who creates the agenda. Chairman Stern acknowledged the attendance of Commissioner John Sorrelli and former Mayor Haxold Hagelmann. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA: Vice Chair Yucht moved to remove item 7B from the agenda. Board Member Sheridan seconded the motion. DISCUSSION: Vice Chair Yucht - it is my opinion that this is a private matter for Boca Highlands, Palm Beach County and the State of Florida. The State of Florida has approved the proposed traffic light since March 14, 2008. Town of Highland Beach has no jurisdiction in this • matter. Boca Highlands Governing Board has agreed to pay for the plans, the specifications and the cost to erect the traffic light. The reasons why we need the light Planning Board Regular Meeting 07!08/09 Page 1 of 4 • are because the flashing yellow light is not protecting the residents, the flashing -light does not protect the cars, cars do not stop, accidents have happened at the crosswalk, and the topography at A 1 A at Boca Highlands cars cannot see the crosswalk due to the topography because the crosswalk is situated at the highest point. This project should not be prevented. Board Member Angel -Traffic lights have been discussed in the past. Chair Stern -The item placed on the agenda was with regard to the possibility that there could be a series of signal lights. Board Member Resnick -Completely disagrees with the Vice Chairman. We as members of this town have a responsibility to ensure that our town remains without clutter. There is not a signal pedestrian activated light in Palm Beach County. Town Mana eat r Su eg rman - I want to help the board perform its role under Robert's Rules of Order. Now, you are at the point of the agenda where you are discussing whether there are going to be additions, deletions or acceptance of the agenda. Interestingly you are discussing the item and the agenda has not been approved. I am going to suggest that you go back to the agenda and follow the Robert's Rules of Order have a discussion as to whether or not you want to add, delete or accept the agenda as proposed. • Chair Stern - Do I have a motion to add, delete or accept the agenda? MOTION: Vice Chair Yucht moved to remove item 7B from the agenda. Board Member Pembroke seconded the motion. DISCUSSION: Board Member Resnick -The board has a responsibility to this town. I live at Boca Highlands. The State says that there is insufficient number of crossings to warrant a traffic light. Boca Highland Board of Governors acted upon their own. Board Member Marchesani -Agrees that this should not be discussed until the code is reviewed. ROLL CALL VOTE: Chair Stern No Vice Chair Yucht Yes Board Member Pembroke Yes Board Member Marchesani Yes Board Member Angel No Board Member Sheridan Yes Board Member Resnick No • Motion Carried 4/3. The item was removed from the agenda. Planning Boazd Regular Meeting 07/08/09 Page 2 of 4 • MOTION: Vice Chair Yucht moved to accept the agenda. Board Member Marchesani seconded the motion, which passed unanimously. PUBLIC COMMENTS AND REQUESTS: Michael Goodman of 4740 S. Ocean Blvd. (Boca Highlands) - In contact with the county. I believe that this board is responsible for maintaining the integrity of this town. I asked the office of Jonathan Ovalton of the Florida Department of Transportation why this location was selected when it does not meet the pedestrian traffic requirements. The benefit of this light is negligible. I have documentation to support the conservations that I have had. Email correspondence from Mr. Ovalton to the Boca Raton Bicycle Club states, "Although the observe pedestrian crossing volumes do not fully satisfy pedestrian signal warranty criteria set forth in the 2003 Manual of the Uniform Traffic Control Devices." In an email to me from Mr. Ovalton on March 9, 2009, states, " as stated in previous correspondence, pedestrian crossing volumes do not fully satisfy the pedestrian signal warranty criteria as forth set." The problem is that people walk without stopping. In my humble opinion, someone will be killed because of the light. There is traffic devices used in Palm Beach that is effective because people do stop. Harold Hagelmann of 4748 S. Ocean Blvd. (Former Mayor of Highland Beach) - • There are devices than can be placed in the roadway. He thinks that the board was correct in removing the agenda item traffic signals from the agenda. PRESENTATIONS: None. APPROVAL OF MINUTES: None. OLD BUSINESS: A. Draft Changes to Section 30, Zoning Code of the Code of Ordinances of the Town of Highland Beach The board discussed a more changes to the zoning code. Clarifications are needed regarding two items from the Administration Department and the building official. The board is looking to make a presentation to the Town Commission some time in August or September. Prior to the 2000 change in the code, a section was omitted. Chair Stern would like to re- enact that portion of the code. MOTION: Board Member Marchesani moved to accept and include. Board Member • Pembroke seconded the motion, which passed unanimously. Planning Board Regulaz Meeting 07/08/09 Page 3 of 4 NEW BUSINESS: A. Amending and Restating Chapter 6, Buildings and Structures of the Code of Ordinances of the Town of Highland beach. Chair Stern announced that at a future date the board will review Chapter 6 of the code, which deals with the Building Department. Today we are not prepared to discuss this portion of the code but we will review the code in the future. Town Attorney Sliney commented that the Former Building Official Bob Dawson was working on this chapter prior to his retirement. It is a technical code, the current building official or someone with a building experience will need to advise on this chapter because the board is not qualified to make those decisions. ADJOURNMENT: MOTION: Board Member Angel moved to adjourn the meeting at 11:08 a.m. Board Member Sheridan seconded the motion, which passed unanimously. TOWN SEAL ATTESTED: ~ ~~ 4 Q o~ Valerie E. Oakes Deputy Town Clerk Date: Wednesday, September 9, 2009 • APPROVED: Lo is P. St ,Chair ricia Pembroke, oard Member Pa esnick, Boar tuber Dennis Sheridan, Board Member Planning Boazd Regular Meeting 07/08/09 Page 4 of 4 ~~-"SIG-riQ~- Marie chesani, Board Member