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1985.08.21_PB_Minutes_SpecialTOWN OF HIGHLAND BEACH, FLORIDA R PLANNING BOARD SPECIAL MEETING AUGUST 21, 1985 9.30 A.M. The Special Meeting of the Planning Board of the Town of Highland Beach, Florida, was called to order at 9:30 A.M. by Chairman Irving S. Saunders. Chairman Saunders said this Special Meeting was called by Boca Hi, (Mr. Delaney), to discuss and review the situation of the Boca Hi Project. The recording secretary called the roll. Present were Chairman I. S. Saunders, Vice Chairman D. R. Rome, M. A. Waldman, John Ward, alternate A. Leng and alternate C. H. Bartlett. Also present were Town Attorney Thomas E. Sliney, Building Official Bruce Sutherland, Attorney Mark B. Shorr, Recording Secretary Anne Kowals, Developer Thomas L. Delaney, Boca Hi Attorneys Edwin J. Stacker and John Pelzer, Land Planner John Glyman, Citicorp Attorney Richard A. Morrison, Karen Cunningham and members of the general public. Aft At the start of the meeting, Planning Board Members received a copy of a letter (with attachment) dated August 20, 1985, to Chairman Irving Saunders from Braemar Isle Condominium Association, Inc. Attorney Mark B. Shorr; and a letter (with attachments) dated August 20, 1985, to Chairman Irving Saunders from Town Attorneys Thomas E. Sliney and David K. Friedman. Chairman Saunders called a recess to give members an opportunity to read the correspondence just received. At this point, Attorney Edwin J. Stacker, counsel to Boca Hi, asked what the correspondence was and requested a copy of same. The recording secretary provided Attorney Stacker with a copy of each letter (including attachments). Chairman Saunders reconvened the meeting at 9:45 A.M. at which time he requested the representative for Boca Hi step forward, identify himself for the record and explain the purpose of the meeting. Attorney Edwin J. Stacker with the Fort Lauderdale law firm of Ruden, Barnett, McCloskey, Schuster & Russell, P.A., addressed the members and said he was a little miffed at the occurance this morning. • PLANNING BOARD Special Meeting • . August 21, 1985 Page 2 of 5 At the outset of this meeting, said Mr. Stacker, the chairman suggested that this Special Meeting was called by Mr. Delaney for the purpose of requesting an extension of time. This meeting was called by the Town, based on a public notice indicating a Special Meeting was called by the Planning Board to discuss Boca Hi, continued Mr. Stacker. Attorney Stacker said he authored a letter on June 11, 1985, to the Town Commission requesting consideration of a time extension on the RPUD. No response has been received to indicate when such consideration would be made, said Mr. Stacker, or that the Town Commission determined that it should be referred to the Planning Board. Citicorp filed a letter, said Attorney Stacker, to which Chairman Saunders replied on July 8, 1985, indicated that Mr. Sliney was unable to prepaxe a reply and the Planning Board regretted that that item would not be considered at their July Meeting. Mr. Saunders indicated they would in- form us when the information was available and at that time they would schedule Boca Hi on the agenda, continued Mr. Stacker. Attorney Stacker said they are waiting for that further communication to indicate what the purpose of this meeting was and waiting to under- stand and determine when their request, and Citicorp's letter and re- sponse to it, would be duly considered at a public hearing. We request the opportunity, continued Attorney Stacker, to make a pre- sentation to the Planning Board so they can make a recommendation to the Town Commission based on both sides of the issue. There has been no formal or informal notice to any parties involved regarding the sub- ject of the intended procedure. Mr. Waldman said the Planning Board gave notice of this meeting to Mr. Delaney at least ten days to two weeks ago. We received an affirmative reply that Mr. Delaney would attend this meeting to discuss this matter. If Mr. Delaney wasn't prepared, he should have requested a postponement, continued Mr. Waldman. When Mr. Waldman questioned Mr. Stacker as to why he was at this meeting, Mr. Stacker replied that there was a public hearing to discuss Boca Hi and his firm is legal counsel to Boca Hi. Town Attorney Tom Sliney said the Boca Hi representatives are here and don't seem to know why we're here. I don't understand how there can be any ambiguity as to why we're here today. There is no problem, said Mr. Sliney, in continuing this matter to some date in the near future, if Boca Hi wants to submit something to us. However, continued Mr. Sliney, there should have been no communication problem on this meeting. PLANNING BOARD Special Meeting August 21, 1985 Paste 3 of 5 • Mr. Thomas Delaney of Boca Hi addressed the members and adv ised he had been away from Florida for about three weeks when the notice for the meeting arrived at his office without any forewarning. At the present time, continued Mr. Delaney, Boca Hi has more than one item pending before the community; and, from the communication notice of the meeting, I was not made completely aware of what the nature of this meeting was to be. Mr. Delaney said he found out about this meeting last week and put this gang together to bring them in here and they're certainly not prepared; but obviously, on the reverse side, I do believe that the Town Counsel is very well prepared to express his case. My concern, continued Mr. Delaney, is in view of potential litigation on this matter; I don't want to find myself doing an inadequate job of presenting the Boca Hi side of a particular case. Mr. Ward said that the Town received a letter dated June 18, 1985, from Citicorp Real Estate Attorneys which was specifically related to the question of the extension of your RPUD. (A loan was given with the understanding that the RPUD would run until 1988). No Citicorp re- presentatives have been here before, continued Mr. Ward, and the fact that they are here today leads us to believe they're here for the spe- cific reason of discussing the extension of the RPUD. Attorney Richard A. Morrison with the law firm of Myers, Kenin, Levison, Frank & Richards, counsel to Citicorp, addressed the board and advised that they submitted the letter Mr. Ward mentioned. Continuing, Attorney Morrison said they were advised in a letter of July 8, that they would be given notice as to when the Planning Board was ready to respond to these issues; and, as yet, they have not received such notice. We came here today to observe what was going on. Chairman Saunders said if the professionals and Mr. Delaney did not know what the purpose of this meeting was, it was up to them to get on the phone and find out. Mr. Waldman said there was only one subject that the Planning Board was discussing at the request of Boca Hi per their letter to the Town Commission applying for an extension of the RPUD. Vice Chairman Rome said there have been two communications --one from Citicorp asking for a time extension stating they had an interest in a mortgage that was given to Mr. Delaney; and, a letter from Mr. Delaney to the Town Commission asking for an extension of time. What other subject could possibly be discussed, asked Mrs. Rome. I PLANNING BOARD Special Meeting • - August 21, 1985 Paste 4 of 5 Mrs. Leng said the whole thing boils down to the letter from Town At- torney Sliney to the Planning Board Members that was just received this morning. This letter is upsetting to the Boca Hi representatives because they have no letter to submit and they feel unprepared, continued Mrs. Leng. Attorney Stacker said the fundamental principles of due process suggest that the proceedings this morning should not continue; we are not in a position to make a presentation. We respectfully request a continuance until a time in the near future, convenient to all, at which time we can make a presentation, stated Mr. Stacker. vice Chairman Rome said that Mr. Stacker, as Mr. Delaney's attorney was here before (his firm has been represented here before) knows the basis of the ordinances that established the RPUD because he wrote a letter concerning the time extension. Therefore, Mrs. Rome stated, I would think that you had full knowledge not only of the subject matter of this meeting, but of how you were going to present a request for time extension. Mr. Delaney didn't ask for anything else, said Mrs. Rome. Attorney Mark B. Shorr of the law firm of Becker, Poliakoff & Streitfeld, • representing Braemar Isle Condominium Assoc., Inc. said he can see where the notice of the meeting that was given was insufficient even though everyone should have realized what it was about. Reluctantly, said Mr. Shorr, I'd agree with Boca Hi's request for a continuance of a meeting. Mr. Delaney said there are three matters between the Town of Highland Beach and Boca Hi which are extremely heavy: 1. What will be built on the B & C sites? 2. How many units will be there? 3. How long do I have to get them built? This morning, said Mr. Delaney, I came with no knowledge of what or all of those three outstanding issues the Planning Board wished to deal with. After reading Attorney Sliney's legal brief to you, I now understand that you wish to speak specifically to our request to the Town Commis- sion about the extension of time, continued Mr. Delaney. I'm asking you to give my people a chance to make a proper presentation on that subject, and that subject alone, said Mr. Delaney. Attorney Stacker said the Planning Board is not entitled to discuss any of the issues Mr. Delaney related to except in a public hearing. I do not like to get caught up in procedural games, said Mr. Stacker, and I find myself and my client caught up in a situation where there is a procedural possibility that his rights are being significantly PLANNING BOARD • Special Meeting August 21, 1985 Page 5 of 5 jeopardized if the Planning Board goes forward with what they under- stood to be the intention of this meeting. Vice Chairman Rome said this Planning Board has, in the past, turned down Mr. Delaney's application for the buildings he proposed for the B & C sites - it went to litigation - that position was upheld by the lower courts. It's now in the court of appeals. We are not talking about buildings or real estate, said Mrs. Rome, and Mr. Delaney knew that. Attorney Sliney said obviously there is some confusion. Mr. Delaney contends he is being procedurally disadvantaged by his supposedly not knowing the subject of today's meeting, continued Mr. Sliney. Based on knowing that these things usually go into litigation, I'm going to give Mr. Delaney the benefit of the doubt as we don't want any pro- cedural problems should this go to litigation. From a legal stand- point, said Mr- Sliney, that's where I'm coming from. Mr. Waldman said that in regard to everything that was said, and in agreement with our attorney, I make a MOTION that this meeting be • adjourned. Chairman Saunders said before a vote is taken, he wanted to mention that this is the 21st of August, it's a Special Meeting - our meetings are usually held the second week of the month. Knowing that this is a Special Meeting, if Mr. Delaney or his attorney did not know the pur- pose of it, it was their professional responsibility to find out. • The MOTION was seconded by Mrs. Rome. All members were in favor - By unanimous decision, Chairman Saunders a at 10:30 A.M. / Attest: Date: is) Special meeting 1 v auncre a man i Doris R. Rome, Vice Chairman r "K.1A. Waldman Joh ,Ward �j