2007.08.08_PB_Minutes_Regular
TOWN OF HIGHLAND BEACH
PLANNING BOARD
REGULAR MEETING/PUBLIC HEARING MINUTES
Wednesday, August 8, 2007 9:30 a.m.
Vice Chairman Louis Stern called the Regular Meeting to order in Commission
Chambers at 9:30 a.m. Present were Vice Chair Stern, Members Ken Tapman, Patricia
Pembroke and Marie Marchesani. Chairman Townsend, Kurt Kalberer and Joseph Yucht
were absent. Also present was Town Attorney Larry Corman, Building Official Bob
Dawson and members of the general public.
APPROVAL OF MINUTES
Upon MOTION by MRS. PEMBROKE/MR. TAPMAN, the following sets of minutes were
unanimously approved:
APRIL 25, 2007 SPECIAL MEETING
MAY 9, 2007 REGULAR MEETING Motion carried.
JUNE 13, 2007 REGULAR MEETING
PUBLIC HEARING
FINAL REVIEW FOR INSTALLATION OF A BOAT LIFT OFF SEAWALL FOR
PROPERTY LOCATED AT 4416 TRANQUILITY DRIVE. APPLICANT/OWNER: DALE
HIGHTOWER.
•
Recording secretary swore in all who would be testifying. Mr. Stern asked Mr. Dawson
to present case to the Board who noted that this is an issue of a boat lift having been
installed without a permit, and the owner is attempting to correct the oversight. A
workshop meeting was held a month ago, with todays meeting being a Public Hearing.
Recording secretary swore in all who would be testifying, and noted that all the criteria
had been met for advertising and notifying residents within 1,000 feet of subject property.
Mr. Dawson noted that he had received no correspondence/phonecalls from any of the
notified residents either for or against the lift. He also noted that he can't tell from the
drawings if the lift is in the setback. If it is out of the setback, the applicant may need
to go for a variance.
Mr. Hightower noted the following:
There are other similar lifts in area
. He doesn't know who the installer was -made arrangements through a person named
Louis.
Would have assumed Louis and the installer would have done whatever "paperwork"
was needed for installation.
Does not have any paperwork -paid in cash.
• Mr. Corman noted that because this is a self proposed problem, applicant may not be
granted a variance, as variances are usually granted when something occurred that you
• Planning Board
August 8, 2007 Page 2 of 3
have no control over or responsibility for. If there is ample room to comply with the
setback requirement, it wouldn't be a basis to grant the variance.
Mr. Hightower stated he would do whatever is necessary, although he couldn't
understand why this is such an issue since there are other similar docks/lifts in the
neighborhood..
After further discussion, the following MOTION was made by MRS. PEMBROKE/MS.
MARCHESANI:
THE PLANNING BOARD RECOMMENDS APPLICATION GO TO THE
BOARD OF ADJUSTMENT, AND REQUESTS DALE HIGHTOWER MEET
WITH BUILDING OFFICIAL BOB DAWSON TO DETERMINE WHAT
NEEDS TO BE DONE TO SEND APPLICATION TO THE .BOARD OF
ADJUSTMENT FOR A VARIANCE.
MR. CORMAN NOTED THAT MR. HIGHTOWER NEEDS TO
UNDERSTAND THAT RIGHT NOW THE PROPERTY IS IN VIOLATION
OF TOWN CODE, AND THE CODE ENFORCEMENT BOARD OFFICER
• WILL HAVE DISCRETION ON WHETHER OR NOT TO RED TAG THE
PROPERTY.
MOTION carried unanimously by rollcall vote.
CORRESPONDENCE
Vice Chair Stern noted for the record the following two pieces of correspondence..
LETTER FROM GEORGE "RUSTY" ROBERTS DATED JULY 18, 2007 RE BYRD
BEACH ESTATES (non-conflict of interest).
NOTICE OF UNAVAILABILITY FROM JEFFREY REMBAUM DATED JULY 17, 2007
RE BYRD BEACH ESTATES.
OTHER BUSINESS
Mr. Stern noted that at the last Planning Board meeting, he was appointed chairperson
for the taskforce to review marine issues. He has five others who have volunteered to
be on the task force. They are: Louis Stern as Chair, Ron Gorall who is a licensed sea
captain, George Barlow who lives in Bel Lido, Ken Welsh from Boca Dock and Seawall,
Joe Boscoff and Jerry Marshall, all of whom are neighbors and live on the water. They
are going to put together some suggestions to bring back to the Planning Board in about
60 days.
• Mrs. Pembroke thanked Mr. Stern for all the effort he has exerted in putting the
.committee together.
•
Planning Board
August 8, 2007 Page 3 of 3
ADJOURNMENT
With no further business to come before. the Board, MOTION to adjourn was made by
MS. MARCHESANI/MR. TAPMAN at 10:08 a.m.
APPROVE:
Leonard O. Townsend, Ch.
Louis Stern
Patricia A. Pembroke
Ken Tapman
Marie Marchesani
Kurt Kalberer
Joe Yucht
•
Attu
absent
absent
LAW OFFICES
ROBERTS, REYNOLDS, BEDARD & TUZZIO, P.A.
•
GEORGE P. ROBERTS. JR.
LYMAN H. REYNOLDS, JR.
BENJAMIN L. BEDARD
GERARD A. TUZZ10
LAURA E. BEDARD
DANNA P. CLEMENT
SHERRI L. RENNER
JOYCE CRUZ SISON
MICHAEL R. MORLEY
ANDREW S. KANTER
470 COLUMBIA DRIVE
BUILDING C•101
WEST PALM BEACH, FLORIDA 33409
TELEPHONE (561) 688-8560
FACSIMILE (561) 688-2343
PARALEGALS
KATHRYN L. REEV ES
1451 WEST CYPRESS CREEK ROAD JENNIFER G. WHITTALL
SUITE 300 ERICA O. KAHN
FORT LAUDERDALE FLORIDA 33309
f MICHELLE L. SMITH
KAREN L. SMILEN
DIANE BOSW ORTH
ELIZABETH G. MORON
TELEPHONE (954) 928.2886 JESSICA S . G U I LB E RT
FACSIMILE (951) 928-2887
PLEASE REPLY TO:
WEST PALM BEACH OFFICE
EMAIL: rroberts~rrbpa.com
July 18, 2007
Leonard Townsend
Chairman Planning & Zoning Board
Town of Highland Beach
3614 S. Ocean Blvd.
Highland Beach, Florida 33487
Re: Byrd Beach Estates Ltd v Town of Highland Beach
RRBT File No. 107-1~9
Dear Mr. Townsend:
We have received and reviewed the various correspondences from Mr. Rembaum concerning
the issues in this case, as well as his views on our representation.
As I previously advised the Town, as with any other entity or person, is free to retain
whomever they want as their counsel, so long as there is not a conflict of interest by virtue of that
representation with another party to the dispute. _ Since neither I, nor our firm, has ever represented
any of the homeowners nor the development, there is no "conflict of interest' issue in our
representation of the Town.
Moreover, I am not aware of any rule, regulation or law, nor any reported decision which
would entitle Mr. Rembaum or his clients, with a prerogative or a basis for determining whom his
potential adversary chooses as their counsel. In this instance, we aze not serving as quasi judicial
officer in resolving a dispute amongst the parties. Our service is to act as counsel for the Topwn
Planning and Zoning board and render advice which would be in the best interest of the Boazd and,
of course, the Town.
n
U
. . l' '
Leonard Townsend
Byrd Beach v. Town of Highland Beach
July 18, 2007
• Page 2
Indeed, it is my understanding that our firm was recommended to serve in this capacity
because of our significant past representation of the Town in similar matters, both in lawsuits and
advice on potential claims. Thus, the Town, by virtue of our past representation of derive the benefit
of this past knowledge and experience of land use issues in the Town of Highland under Florida
Law.
We have received copies of the documentation and should be back to you shortly on
scheduling a conference to review this matter.
Kindest personal regards.
Very truly yours,
GEORGE P. ROBERTS, JR.
For the Firm
GPR/ems
cc: Dale Sugerman
Jane Dillon, Clerk
LJ
•
BYRD BEACH ESTATES LTD
RE: APPLICATION FOR BUILDING
PERMIT
vs.
THE TOWN OF HIGHLAND BEACH
NOTICE OF UNAVAILABILITY
Please be advised that the undersigned counsel for Byrd Beach Estates Ad Hoc
Committee, will be unavailable from September 07, 2007 through September 17, 2007,
and respectfully requests that no hearings or any other matter involving this matter be
scheduled during that time period.
CERTIFICATE OF SERVICE
I HEREBY~ERTIFY that a true and correct copy hereof has been furnished by
US Mail this ~ ~" day of July, 2007 to: Special Counsel George "Rusty" Roberts,
Esq., c/o Roberts Reynolds Bedard & Tuzzio P.A., 470 Columbia Drive Ste. C101
West Palm Beach, Florida 33409-1983; Town of Highland Beach Town Commission,
3614 South Ocean Boulevard, Highland Beach, FL 33487; Town of Highland Beach
Town Clerk, 3614 South Ocean Boulevard, Highland Beach, FL 33487; Jane Dillon,
Town of Highland Beach, 3614 South Ocean Boulevard, Highland Beach, FL 33487
Lou Caplan, Esq., 301 Yamato Road, Suite 4150, Boca Raton, FL 33431; Jason
Mankoff, Esq., 102 N. Swinton Ave, Delray Beach, FL 33444; Byrd Beach Estates Ad
Hoc Owners Committee, c/o Elizabeth Susskind, 2629 S. Ocean Blvd., Highland
Beach, FL 33487; and Jack Caldwell, 2635 S. Ocean Blvd., Highland Beach, FL 33487.
RUDEN, McCLOSi~Y, SMITH,
SCHUSTER & RUSSELL, P.A.
222 Lakeview Avenue, Suite 800
West Palm Beach, FL 33401
Phone:561-838-4500 /I
Fax: 561-51~-39X1
ar No. 0088412
•
WPB:320804:1