1999.04.06_TC_Minutes_Regular
TOWN OF HIGHLAND BEACH, FLORIDA
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, April 06, 1999 1:30 P.M
Mayor Thomas J. Reid called the Regular Meeting to order in
Commission Chambers at 1:30 P.M.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor
Michael W. Hill, and Commissioners John J Sorrelli, Paul R. Kane
and Robert L. Lowe were present.
Town Attorney Thomas E. Sliney and Town Manager Ben Saag were also
present, as were members of the general public.
After roll call, the Pledge of Allegiance was given.
1. ADOPTION OF AGENDA
The Agenda was unanimously adopted upon MOTION by COMMISSIONER
SORRELLI/COMMISSIONER BANE.
2. APPROVAL OF MINUTES
The following sets of Minutes were unanimously approved upon MOTION
by VICE MAYOR HILL/COMMISSIONER LOWE:
February 23, 1999 - Workshop Meeting
March 02, 1999 - Regular Meeting
March 10, 1999 - Special Meeting (Elections)
3. PUBLIC COMMENTS AND REQUESTS
Leonard Bell, 2727 S. Ocean Blvd. complimented Town Manager Ben
Saag on the success of his first quarterly condominium managers'
meeting, which Mr. Bell had attended in his capacity as Chairman of
the Historical Society, saying it was well done and very
informative. Mr. Bell also commended Building Official Bob Dawson
for his part in the meeting.
4. REPORTS - TOWN COMMISSION
Commissioner Robert L. Lowe had no report.
Commissioner Paul R. Rane had no report.
Commissioner John J. Sorrelli had no report.
Vice Mayor Michael W. Hill had no report.
Minutes of Town Commission Regular Meeting
April 06, 1999 Page 2 of 4
Mayor Thomas J. Reid agreed with Mr. Bell's comments on the Town
Manager's condominium managers' meeting, which he also took part
in. The Mayor applauded Mr. Saag's efforts, saying the meeting was
extraordinary, and noting that these planned quarterly meetings
will be a welcome addition to the Town's activities.
Mayor Reid also requested that the Town Manager meet with Victor
Hadeed, Chairman of the Ad Hoc Committee, to set future agendas so
that the work of the committee can go forward.
Concluding his report, the Mayor requested a Special Workshop
Meeting to discuss expansion of the library, increased parking, and
the building of a new Commission Chambers. It was the consensus
of the members to meet on Tuesday, April 20, at 1:30 P.M.
5. REPORTS - TOWN ATTORNEY
Town Attorney Thomas E. Sliaey deferred his report until the
Toscana project was to be discussed.
6. REPORTS - TOWN MANAGER
Town Manager Ben Saag had no report.
7. REPORTS - BOARDS & COMMITTEES
Mayor Reid read the Board Action Report for March into record.
It was the consensus of the members to defer nominations for the
vacancies [one (1) each] on the Planning Board and Board of
Adjustment until the May 4 Regular Meeting.
8. MONTHLY BOARD MEETINGS
The Mayor read scheduled Board meetings for April into the record.
9. PROPOSED ORDINANCES AND RESOLUTIONS
After being given final reading, MOTION to approve the following
proposed ordinance was made by COMMISSIONER LOWE/VICE MAYOR HILL,
followed by unanimous roll call vote:
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING SECTION 6-1(b) OF CHAPTER 6, "BUILDINGS AND
STRUCTURES," OF THE CODE OF ORDINANCES OF THE TOWN OF
HIGHLAND BEACH PERTAINING TO WALKOVER STRUCTURES (first
reading 03/02/99; published 03/16/99)
•
Minutes of Town Commission Regular Meeting
April 06, 1999 Page 3 of 4
10. REGULAR BUSINESS
Items Left Over
"Toscana" Development Request re Height
Amendment to RTC Settlement Agreement
Town Attorney Sliney advised that pursuant to the discussion which
took place at the March 30 Workshop Meeting, he and the Building
Official had met with the Toscana developers, who had at last
clearly defined what the height amendment would entail, and ensured
that the 427-unit density would not be altered. Subsequently
determining that an amendment to the RTC Settlement Stipulation to
honor this request would not be detrimental to the Town, Mr. Sliney
further advised he had prepared such amendment, including an
"Exhibit A," and a resolution pertaining to same, for the
Commission's approval should they decide to agree to the
developer's request.
At Attorney Sliney's request, following are verbatim excerpts of
certain portions of the discussion having to do with total density,
• taking into consideration the two (2) existing model units on the
east side, which Mr. Sliney's "Exhibit A" had addressed:
Mr. Frank Zammiello: ...In all probability it will be less than 427
units; we would never exceed living units whether they be manager's
units or ..... We are prohibited from having more than 427 units of
any type on the property, so there would never be 427; it would
probably wind up in the area, realistically, of 420.
Commissioner Sorrelli: ... What are you going to do with these two
(2) apartments on the east?
Frank Zammiello: ...It's going to depend what we're going to do on
the east side, and we won't know until we have the master
association in place and all the units rented if we'll need that
for two (2) manager-type units. It's not - we just don't know what
we're doing to do with them - but we will never exceed the 427
allowed by the zoning. We are just uncertain what's going to
happen with those units.
Vice Mayor Hill: ... Is that possibly because you plan on selling
some double units?
Frank Zammiello:...Yes, we've sold some double units already.
Vice Mayor Hill: Yes, so ten (10) double units would in effect
• reduce your density by five (5)?
Frank Zammiello: ...Correct.
Minutes of Town Commission Regular Meeting
April 06, 1999 Page 4 of 4
Attorney Sliney: ...One thing I think it's good that we clarify
this, is that in any private agreement - and I've been doing this
for a long time - there can be certain areas of ambiguities. Mr.
Zammiello, I'd like it if you would just send the Town a letter to
that effect, to that which you just said. Obviously, it's going to
be in the Town Minutes, but I think that's an important aspect...
Mr. Zammiello: ...We are really prohibited by zoning to have more
than 427 of any type.
Attorney Sliney: ...I don't disagree with you, but I'd like what
you just said in a letter that certainly clarifies it from your
standpoint and I think it's helpful...
Mr. Zammiello: ...You'll have it in your office today.
Concluding discussion, and upon MOTION by COMMISSIONER
SORRELLI/COMMISSIONER BANE, followed by unanimous roll call vote,
the amendment to the RTC Settlement Stipulation, "Exhibit A," and
the resolution pertaining to same, were approved (copies attached
hereto and made part of these Minutes). Upon advice of Attorney
Sliney, it was agreed that both the developers and the Commission
members would sign off on the plaster board mock-up showing the
amended heights.
Consent Agenda
None.
11. ADJOURNMENT
There being no further business to come before the Commission at
this time, Mayor Reid adjourned the meeting at 2:10 P.M., upon
MOTION by COMMISSIONER LOWS/COMMISSIONER SORRELLI.
dmt
ATTEST:
Thomas J. Reid, Mayor Michael W. Hill, Vice Mayor
. f~ /
,~.~C-E~=i.
hn J. S' relli, Commissioner
•
Paul R. Kane, Commissioner
~~obert L. Lowe Commissioner
,+
RESOLUTION NO. 7 3 3
A RESOLUTION OP THE TOWN OF HIGHLAND BEACH,
. FLORIDA, APPROVING AMENDNIPIV'I' TO THE
SETTI.F.[~NT AGREEMENT DATED MAY 9. 1995,
BETQVEEEN RESOLUTION TRUST CORPORATION AND
THB TOWN OF HIGHI.AND BEACH
WHEREAS, OMEGA GROUP OF HIGHLAND BEACH, a Florida Limited
Parmership whose general partner is HIGHLAND BEACH CORP., a Florida corporation, is the
successor in intczzst tv RESOLUTION TRUST CORPORATION and, therefore, holds all of
RESOLUTION TRUST CORPORATION'S rights, title and interests in that certain Settlement
Agreement dated May 9, 1995; and
WHEREAS, OMEGA GROUP OF, FIIGHI.AND BP.ACH has submitted to the
Town of Highland Beach a proposed Amendment to the Settlement Agreement; and
WHEREAS, the Town Commission has reviewed the proposed Amendment which
contains a modified development plan.
NOW, THEREFORE, BE IT RESOLVED by the Town Commission of the Town
of Highland Beach, Florida, that:
Section i. The foregoing recitals are true and correct and are hereby
incorporated herein by reference.
• Sectioa 2. The Town Commission hereby approves the Amendment to Settlement
Agreement attached hereto and has executed the same for and on behalf
of the Town of Highland Beach, Florida.
this 6th
PASSED AND ADOPTED by the Town Commission of the Town of Highland Beach
day of Apr i 1 , 1999. ~
Jo . Sorrelli, ~ issioner
~~ ~_
Paul R. Kane, Sr., Commissioner _~
• ~~
ATTPST~
Doris Trinley
Town Clerk
bert L. Lowe, Coptfiissioner
April 1, 1999
AMENDMENT TO SETTLEMENT STIPULATION
THIS AMENDMENT TO SETTLEMENT STIPULATION is made this 6 th day
of Apri 1 , 1999 by and between Omega Group of Highland Beach, a Florida limited
partnership whose general partner is Highland Beach Corp., a Florida corporation, hereinafter
referred to as ("OMEGA") and Town of Highland Beach, a Florida municipal corporation,
hereinafter referred to as ("Town") who agree upon the following terms and conditions:
WITNESSETH:
WI~REAS, OMEGA is the Owner of 17.3 acres (more or less) of the original
24.3 acres of former Hidden Harbour RPUD ("Property"); and
WHEREAS, OMEGA acquired said Property from Resolution Trust Corporation;
and
WHEREAS, Resolution Trust Corporation assigned to OMEGA all of its right,
title and interest in and to that certain Settlement Stipulation dated the 9th day of May, 1995
entered into between Resolution Trust Corporation and Town ("Settlement Stipulation"); and
WHEREAS, OMEGA and Town have agreed on the following modifications to
the Settlement Stipulation; and
WHEREAS, the parties have reached this Amendment to Settlement Stipulation
which they mutually feel is in the best public interest and to accommodate the legitimate interest
of each other; and
r~
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• NOW, THEREFORE, in consideration of the above and mutual interest arising
hereunder, the legal sufficiency of which is hereby acknowledged, it is hereby stipulated and
agreed as follows:
1. The statements set forth in the preamble above are restated and
incorporated herein by reference.
2. Unless specifically modified herein, the Settlement Stipulation remains in
full force and effect and unchanged.
3. Exhibit "B" Development Parameters attached to the May 9, 1995
Settlement Stipulation is amended to allow the "Proposed Revision to Settlement Stipulation
Regarding Development of the Parcel West of State Road A-1-A" attached as Exhibit "A" hereto.
4. All of the terms and provisions of this Agreement shall be binding upon and
• inure to the benefit of the parties hereto, their. respective assigns, successors, legal representatives,
heirs and beneficiaries as applicable.
5. This Agreement and the terms hereof shall be construed in accordance with
the laws of the State of Florida.
6. The preparation of this Agreement has been a joint effort of the parties'
counsel, and it shall not be construed more severely against one of the parties than the.other.
7. This Agreement cannot be amended, supplemented or modified except by
an instrument in writing signed by the parties.
Apri16, 1999
EXHIBIT "A"
Proposed Revision to Settlement Stipulation Regarding
Development of the Parcel West of State Road A-1-A.
1. Omega has previously submitted site plans for three (3) condominium buildings hereinafter
denoted as the North, South and West Buildings.
2. Omega desires to deviate from its previously submitted site plans by lowering the cooling
units in all three condominium buildings, hereinafter denoted as cooling towers. As a result of the
lowering of the cooling towers Omega will not have sufficient space to construct four (4)
condominium units in each of the foregoing three buildings, thereby foregoing construction of a
total of twelve (12) condominium units among the North, South and West Buildings as presently
provided for in the previously submitted site plans. Omega desires to retain and replace said
twelve (12) condominium units by the addition of a seventeenth floor consisting of six (6)
condominium units each in the North and South Buildings only, or a total of twelve (12) units to
both buildings.
Omega is permitted to alter the development parameters as follows:
• (a) The cooling towers in all three buildings will be lowered, thereby decreasing the
overall density by twelve (12) residential units as a consequence.
(b) The addition of a seventeenth floor will be allowed in each the South wing and the
North wing of the North and South Buildings, thereby adding a total of six (6) residential units
each to the North and South Buildings. Thus, the previously approved density of 427 dwelling
units for the entire development (including parcels east and west of State Road A-1-A) will
remain unchanged and, accordingly, Paragraph 2(i) of Exhibit "B" Development Parameters
attached to the May 9, 1995, Settlement Stipulation remains unchanged..
(c) The alterations herein provided shall result in an overall height limitation-for each
of the three buildings of 168 feet 7 inches above the crown of State Road A-1-A, which height
limitation is exclusive of rooftop structures such as HVAC, elevators and architectural walls or
parapets. The maximum overall height limitation for each of the three buildings inclusive of
HVAC, elevators and architectural walls or parapets shall in no event exceed 194.0 feet above the
crown of State Road A-1-A.
4. The permitted alterations shall be as denoted on page A3.00 of The Seiger Architectural
Partnership Elevation Drawings dated 8/10/98, for Toscana, Job No. 0197.
FI,ADOCS30983_I (NNN01 )
1?577.0016
•
•
u
•
IN WITNESS WHEREOF, the Agreement has been signed this 6th ,
day of April , 1999.
WITNESSES:
ti
STATE OF FLORIDA
COUNTY OF PALM BEACH
OMEGA GROUP OF HIGHLAND BEACH, a
Florida limited partnership
By: HIGHLAND BEACH CORP., a Florida
Corporation, General Partner
By: L~/ --~ =~
Jul %C liar' / 4 .~~. Pic ,President
TOWN OF HIGHLAND BEACH, a Florida
municipal corporation
n Thomas J. Reid, Mayor
Attested by:
Doris Trinley, wn Clerk
The foregoing instrument was acknowledged before me this ~ day of%or,-L,
1999, by /~< < ~G e/ z~,,,; ,•~. ~//a as President of HIGHLAND BEACH CORP., a Flonda
corporation, who is ~c personally known to me or _ has produced
as photo identification.
ARY PUBLIC,
Commission Expires:
(Additional notarization on page following.)
of Florida
OFFICIAL NOTARY SEAL
JANE PHILLIPS DILLON
NOTARY PUBLIC SPATE OF FLORIDA
COMMISSION NO. CC525613
MY CGAIMISSION IXP. AN_ 18,2000
• STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~o ~' day of P ~ ~ t,
1999, by THOMAS J. I~ID as Mayor of TOWN OF HIGHLAND BEACH, a Florida municipal
corporation, who is_/ personally known to me or _ has produced as
photo identification.
ah~.
NO ARY PUBLIC, State of Florida
My Commission Expires:
OFFICIAL NOTARY SEAL
DORIS M TRINL~Y a
NOTARY PUBLIC STAT$ QF FLC~R%i: ~:
COMMISSION NO. CC99(94; 1
MY COMMISSION EX!? ULY ~~ 1 ~~,I
~.Anocs:~ooas_t ~t~rszoil
RESOLUTION NO. 7 3 3
A RESOLUTION OP THE TOWN OF HIGHI.AND BEACH,
• FLORIDA, APPROVING AMENDMP~1"f TO THE
SET'IZ.EMEN'T AGRF~lvi1~1'f DATED MAY 9. 1995.
BETQVEfiN RESOLUTION TRUST CORPORATION AND
THB TOWN OF HIGHLAND BEACH
WHEREAS, OMEGA GROUP OF HIGHLAND BEACH, a Florida Limited
Partnership whose general partner is HIGHLAND BEACH CORP., a Florida corporation, is the
successor in intcrzst to RESOLUTION TRUST CORPORATION and, therefore, holds all of
RESOLUTION TRUST CORPORATION'S rights, title and interests in that certain Settiacnent
Agreement dated May 9, 1995; and
WHTRT.AS, OMEGA GROUP OF, HIGHLAND BEACH has submitted to the
Town of Highland Beach a proposed Amendment to the Settlement Agreement; and
WHEREAS, the Town Commission has reviewod the proposed Amendment which
contains a modified development plan.
NOW, THEREFORE, BE l[T RESOLVED by the Town Commission of the Town
of Highland Beach, Florida, that:
Section i. The foregoing recitals are tme and correct and are hereby
incorporated herein by reference.
• Section 2. The ?own Commission hereby approves the Amendment t0 Settlement
Agreement attached hereto and has executed the same for and on behalf
of the Town of Highland Beach, Florida.
PASSED AND ADOPTBD by the Town Commission of the Town of Highland Beach
this 6th day of April .1999.
~~Gy
Thomas J. Reid yor
ichael ice Mav~r
• .
ATTEST'
Doris Trinley f
Town Clerk
Joli~i . Sorrelli, Commissioner
r
~`-~
Paul R. Kane, Sr., Commissioner
bent L. Lowe, Co ' sinner
~.
AMENDMENT TO SETTLEMENT STIPULATION
April 1, 1999
THIS AMENDMENT TO SETTLEMENT STIPULATION is made this6th day
of Apri 1 , 1999 by and between Omega Group of Highland Beach, a Florida limited
partnership whose general partner is Highland Beach Corp., a Florida corporation, hereinafter
referred to as ("OMEGA") and Town of Highland Beach, a Florida municipal corporation,
hereinafter referred to as ("Town") who agree upon the following terms and conditions:
WITNESSETH:
WHEREAS, OMEGA is the Owner of 17.3 acres (more or less) of the original
24.3 acres of former Hidden Harbour RPUD ("Property"); and
WHEREAS, OMEGA acquired said Property from Resolution Trust Corporation;
and
WHEREAS, Resolution Trust Corporation assigned to OMEGA all of its right,
title and interest in and to that certain Settlement Stipulation dated the 9th day of May, 1995
entered into between Resolution Trust Corporation and Town ("Settlement Stipulation"); and
WHEREAS, OMEGA and Town have agreed on the following modifications to
the Settlement Stipulation; and
WHEREAS, the parties have reached this Amendment to Settlement Stipulation
which they mutually feel is in the best public interest and to accommodate the legitimate interest
of each other; and
NOW, THEREFORE, in consideration of the above and mutual interest arising
hereunder, the legal sufficiency of which is hereby acknowledged, it is hereby stipulated and
agreed as follows:
1. The statements set forth in the preamble above are restated and
incorporated herein by reference.
2. Unless specifically modified herein, the Settlement Stipulation remains in
full force and effect and unchanged.
3. Exhibit "B" Development Parameters attached to the May 9, 1995
Settlement Stipulation is amended to allow the "Proposed Revision to Settlement Stipulation
Regarding Development of the Parcel West of State Road A-1-A" attached as Exhibit "A" hereto.
4. All of the terms and provisions of this Agreement shall be binding upon and
• inure to the benefit of the parties hereto, their respective assigns, successors, legal representatives,
heirs and beneficiaries as applicable.
5. This Agreement and the terms hereof shall be construed in accordance with
the laws of the State of Florida.
6. The preparation of this Agreement has been a joint effort of the parties'
counsel, and it shall not be construed more severely against one of the parties than the.other.
7. This Agreement cannot be amended, supplemented or modified except by
an instrument in writing signed by the parties.
n
U
•
April 6, 1999
EXIiIBIT "A"
Proposed Revision to Settlement Stipulation Regarding
Development of the Parcel West of State Road A-1-A.
1. Omega has previously submitted site plans for three (3) condominium buildings hereinafter
denoted as the North, South and West Buildings.
2. Omega desires to deviate from its previously submitted site plans by lowering the cooling
units in all three condominium buildings, hereinafter denoted as cooling towers. As a result of the
lowering of the cooling towers Omega will not have sufficient space to construct four (4)
condominium units in each of the foregoing three buildings, thereby foregoing construction of a
total of twelve (12) condominium units among the North, South and West Buildings as presently
provided for in the previously submitted site plans. Omega desires to retain and replace said
twelve (12) condominium units by the addition of a seventeenth floor consisting of six (6)
condominium units each in the North and South Buildings only, or a total of twelve (12) units to
both buildings.
3. Omega is permitted to alter the development parameters as follows:
• (a) The cooling towers in all three buildings will be lowered, thereby decreasing the
overall density by twelve (12) residential units as a consequence.
(b) The addition of a seventeenth floor will be allowed in each the South wing and the
North wing of the North and South Buildings, thereby adding a total of six (6) residential units
each to the North and South Buildings. Thus, the previously approved density of 427 dwelling
units for the entire development (including parcels east and west of State Road A-1-A) will
remain unchanged and, accordingly, Paragraph 2(i) of Exhibit "B" Development Parameters
attached to the May 9, 1995, Settlement Stipulation remains unchanged..
(c) The alterations herein provided shall result in an overall height limitation for each
of the three buildings of 168 feet 7 inches above the crown of State Road A-1-A, which height
limitation is exclusive of rooftop structures such as HVAC, elevators and architectural walls or
parapets. The maximum overall height limitation for each of the three buildings inclusive of
HVAC, elevators and architectural walls or parapets shall in no event exceed 194.0 feet above the
crown of State Road A-1-A.
4. The permitted alterations shall be as denoted on page A3.00 of The Seiger Architectural
Partnership Elevation Drawings dated 8/10/98, for Toscana, Job No. 0197.
r~.~wocs~o9ss_I c~~~~rol )
12577.0016
r
LJ
•
IN WITNESS WHEREOF, the .Agreement has been signed this 6th
day of April , 1999.
WITNESSES:
~~
STATE OF FLORIDA
COUNTY OF PALM BEACH
OMEGA GROUP OF HIGHLAND BEACH, a
Florida limited partnership
By: HIGHLAND BEACH CORP., a Florida
Corporation, General Partner
~ -~
By: C~~ _
/`7~C ~a~/ Q ,~~:Pil'c ,President
TOWN OF HIGHLAND BEACH, a Florida
municipal c~oyrDporation
Thomas J. Reid, Mayor
Attested by:
Doris Trinley, wn Clerk
The .foregoing instrument was acknowledged before me this ~ day of~Qr r • L,
1999, by /~~ c /i4 ¢/ z~,., .~. r//o as President of HIGHLAND BEACH CORP., a Flonda
corporation, who is ~c personally known to me or has produced
as photo identification.
ARY PUBLIC, S
My Commission Expires:
(Additional notarization on page following.)
of Florida
OFFICIAL. N
JANE PHILLIPS DILLON
NOTARY PUBLiC STATE OF FLORIDA
COMMISSION NO. CC525613
MY CCb1MISSION IXP. AN.18,200~
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ~ ~' day of P/~ ~ L
1999, by THOMAS J. R,1rID as Mayor of TOWN OF HIGHLAND BEACH, a Florida municipal
corporation, who is ~/ personally known to me or _ has produced as
photo identification.
Q.it.~:
NO ARY PUBLIC, State of Florida
My Commission Expires:
' IAL NOT 5 AL
DORLS M TRINL,^Y
NOTARY PUBLIC STATE OF FLORU;:,>
COMMLSSION NO. CC47694; t
MY COMMISSIONEXI'. ULY2i i~,'yy ~
FI.ADOC330029_1(NSZOl)
•