2007.06.13_PB_Minutes_Regular~. R
TOWN OF HIGHLAND BEACH
PLANNING BOARD
REGULAR MEETING MINUTES
Wednesday, June 13, 2007 9.30 a m
Chairman Leonard Townsend called the Regular Meeting to order in Commission
Chambers at 9:30 a.m. Also present were Vice Chair Louis Stern, Ken Tapman, Patricia
Pembroke, Kurt Kalberer, Joe Yucht and Marie Marchesani. Town Attorney Tom Sliney
was also present.
APPROVAL OF MINUTES
Upon MOTION by MR. STERN/MRS. PEMBROKE, the following sets of minutes were
unanimously approved:
November 8, 2006 Regular Meeting
December 13, 2006 Regular Meeting Motion carried unanimously.
January 10, 2007 Regular Meeting
January 19, 2007 Special Meeting
OTHER BUSINESS
Chairman Townsend noted that he had received a letter from the Town engaging Mr.
• George "Rusty" Roberts, an attorney with Roberts, Reynolds, Bedard and Tuzzio, for the
engagement of him to represent the Town with respect to the Byrd Beach Estate zoning
matter. At the April 25, 2007 Planning Board meeting, Mr. Sliney recused himself due
to an issue of conflict having been brought up by opposing counsel (letter attached.)
Mr. Stern expressed concern with the letter received by the attorney hired by the four
out of six homeowners dated June 8, 2007, Atty. Jeff Rembaum from of Ruden
McClusky, and that in his comments he feels that the selection of George Roberts, Esq.
is still in direct conflict since Mr. Sliney has worked with him on other matters, and that
due to the complexities at hand, we should have an independent counsel who is neutral.
Mr. Sliney commented that Mr. Rembaum appeared at a Town Commission stating his
concern and Mr. Sliney explained that he had first asked Mr. Sugerman if he wanted to
select an attorney, but Mr. Sugerman felt Mr. Sliney was in a better position to do so.
The reason He picked Mr. Roberts was because not only is he a litigator, but he has
wide knowledge of the Town's zoning laws, due to many of the cases he has previously
been involved in, were zoning cases. He combines the knowledge of zoning with
litigation expertise in case the matter goes to litigation. Mr. Sliney noted that he doesn't
have any particular close relationship with him, as in the past insurance carrier has hired
him. Some board members were concerned that if this becomes an issue later on with
Mr. Rembaum, and Mr. Robert is asked to recuse himself, the Board will have to start
all over again - if the other side is looking for a loophole, might this be it.
• Chairman Townsend suggest this be given to Mr. Roberts and let him decide.
Planning Board
• June 13, 2007 Page 2 of 3
The following MOTION was made by MR. TOWNSEND/MS. MARCHESANI:
FORWARD LETTER OF JUNE 5, 2007 FROM JEFF REMBAUM OF THE
LAW FIRM RUDDEN MCCLUSKY TO GEORGE ROBERTS WITH HIS
REQUEST THAT HE REVIEW THE LETTER AND ADVISE THE
PLANNING BOARD WHETHER HE FEELS THERE MAY BE A
CONFLICT OF INTEREST OR HE MAY NOT BE ABLE TO REPRESENT
THE TOWN IN LIGHT OF THE FACT THAT THERE IS SOME
IMPLICATION OF A CONFLICT OF INTEREST.
The following rollcall vote was taken:
Mrs. Pembroke yes
Mr. Tapman yes
Ms. Marchesani yes
Mr. Kalberer yes Motion carried unanimously.
Mr. Yucht yes
Mr. Stern yes
Chair. Townsend yes
•
Chairman Townsend noted a June 12, 2007. Sun-Sentinel article re Malani park. Mr.
Sliney offered a review of the project from five years ago, noting that it came before the
Planning Board in 2002, at which time Mrs. Malani placed a suit against the County
which is currently on appeal. The County asked the Town to start reviewing the site plan
to get the matter moving, even though it is still on appeal. New Plans were recently
received by the Town at which time Building Dept. will review and then eventually come
before the Planning Board. Mr. Sugerman noted that the plan consisted of three parts -
site application and two variance requests. One for height of perimeter wall and one for
setback for landscaping. West side lot will consist of a guard house with 96 parking
spaces and 6 handicap spaces.
REVIEW OF ZONING ORDINANCES
RE: Memo dated May 31, 2007 from Bob Damson re Ordinance Changes:
Several months ago, Mr. Damson brought to the Boards attention, several zoning issues
he would like to the board to begin addressing. At today's meeting Mr. Damson has
distributed a packet of some which had previously come up, and asked the Board to start
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Planning Board
• June 13 2007 Page 3 of 3
reviewing them. Mr. Sliney said that after reviewing not only these ordinances at hand,
but any others for review, the miscellaneous changes would be amended under one
Ordinance. The board made decisions on first and second of the six submitted. As Mr.
Damson was not at today's meeting, the board would like to hold the others for
discussion at the July 11 Regular Meeting. (Packet attached and made a part of these
minutes.)
The first change decided on was the notification to residents with (X) amount of feet from
subject application. The Board decided to keep notification as is, but include mailing to
the Board of Directors and Condo Manager to post where visible to residents.
The second change decided on was swimming pools and to keep as the noted changes
reflect.
The additional four ordinances were discussed, but will carry over to the July 11, 2007
Regular Meeting for further discussion with Mr. Dawson.
ADJOURNMENT
With no further business to come before the Board, MOTION to adjourn was made by
MRS. TOWNSEND/MR. STERN at 10:40 a.m.
APPROVE:
Leonard O. Townsend, Ch
Louis Stern
Patricia A. Pembroke
Ken Tapman
Marie Marchesani
Kurt Kalberer
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Joe Yucht
Attest - `Z-Date
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