2003.07.29_TC_Minutes_Special (2)~~ r
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
PUBLIC HEARING/SPECIAL MEETING
July 29, 2003 3.15 P M
Mayor Thomas J. Reid called the advertised Public HearinglSpecial Meeting to order in
Commission Chambers, after the Regular Meeting, at 3:15 P.M, announcing its purpose
was to discuss the Azure condominium project proposed by Luxury Developers, LLC,
and to consider extension of the time frames for said development as currently set forth
in the second amendment to the Settlement Agreement dated March 14, 2003.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Hill, and
Commissioners John J. Sorrelli, Robert L. Lowe and Rachael Scala-Pistone were
present.
Town Attorney Thomas E. Sliney and Town Manager Ben Saag were also present, as
well as representatives for Paul Roiff of Luxury Developers, LLC, and members of the
genera{ public. Mr. Roiff had previously informed the members that he would be
unavailable to attend this meeting because of vacation plans.
• Attorneys for Luxury Developers, LLC, Paul D'Relli and Brian Scher, and Project
Manager Harry Zucker, gave background information, advising Mr. Rioff took title to the
property June 11, 2003. They spoke of substantially meeting the requirements of the
Second Amendment, given the timing of purchase of the property, as well as Mr. Roiff s
willingness to certify his financial liquidity to complete the project. It was also noted that
plans called for re-naming the project "The Venetian."
The Commission agreed to turn the meeting over to Public Comments at this time.
Following is a list of those who gave their opinions, all of whom were against extending
the second amendment provisions to Mr. Roiff. Various reasons were cited, including
that the developer assumed the risk, then defaulted on the terms of the second
amendment. Some expressed doubt regarding the soundness of an "LLC" status.
Others noted increased traffic congestion. Regarding questions relative to a buy/sell
agreement, Messrs. D'Relli and Scher advised they were not part of the real estate
transaction and had no information on the subject:
Don Shultz, Beach Walk east (submitted attached petitions)
Joe Yucht, Boca Hi
Bill Gross, Villa Costa (President of Association)
Pat Kane, Ocean Pines
Ken Tapman, Beach Walk East
Bill Quinn, Beach Walk East (President of Association)
Jim Newell, Villa Costa
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Minutes of Town Commission Public Hearing/Special Meeting
• July 29. 2003 Page 2 of 2
(Also attached and made part of these Minutes are letters from Beach Walk East and
Monterrey House.)
Hearing no further comments, Mayor Reid closed the Public Hearing and commenced
the Special Meeting. Town Attorney Sliney advised that the Commission's options were
to extend the Second Amendment or deny extension and vote for current zoning. For
purposes of discussion, a MOTION that the Commission extend the Second Amendment
was made by VICE MAYOR HILL/COMMISSIONER HILL.
Concluding discussion among the members, roll call vote was taken regarding the
aforementioned Motion; a "yes" vote being for extension, a "no" vote being against
extension and imposing current zoning:
Commissioner Sorrelli - No
Commissioner Lowe - No
Commissioner Scala-Pistone - No.
Vice Mayor Hill - No
Mayor Reid - No
There being no further business to come before the Commission at this time. Mayor Reid
• adjourned the Public Hearing/Special Meeting at 5:00 P.M. upon MOTION by VICE
MAYOR HILL/COMMISSIONER LOWE.
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APPROVE:
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Thomas J. Reid, Mayor Mich I W. Hill, Vice Mayor
Attest:
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Rachael Scala-Pistone, Commissioner