1998.05.05_TC_Minutes_Regular~ ~.., ,~
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, May 05, 1998 1:30 P.M.
Mayor Arlin G. Voress 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
Thomas J. Reid, and Commissioners David Augenstein, Michael W. Hill
and John J. Sorrelli were present.
Town Attorney Thomas E. Sliney was also present, as were members of
the general public. Town Manager Mary Ann Mariano was absent.
Following roll call, the Pledge of Allegiance of was given.
1. ADOPTION OF AGENDA
Hearing no objection, Mayor Voress declared the Agenda accepted as
presented.
2. APPROVAL OF MINUTES
Four (4) sets of Minutes were unanimously approved upon MOTION by
VICE MAYOR REID/COMMISSIONER HILL:
March 31, 1998 - Workshop Meeting
March 31, 1998 - Public Hearing
April 07, 1998 - Regular Meeting
April 17, 1998 - Special Meeting
3. PUBLIC COMMENTS AND REQUESTS
Jason Brotsky [4517 S. Ocean Blvd.] inquired about the possibility
of the Town funding beach restoration. Mayor Voress advised that
because all Town beaches are private, public funds cannot be
expended for this purpose. The Mayor further noted that the cost
of such a project was approximately $1 million per mile.
Jose Echeverria [1112 Russell Dr.] invited interested residents to
volunteer for the Turtle Program.
4. REPORTS TOWN COMMISSION
Vice Mayor Thomas J. Reid advised he would report on the progress
of organizing a Highland Beach Historical Society at the May
Workshop Meeting. The Vice Mayor also expressed concern about
truck traffic delays on AlA. Concluding his report, Vice Mayor
Reid thanked reporters for The Sun Sentinel and The Palm Beach Post
for their recent positive articles regarding Town issues.
r t
Minutes of Town Commission Meeting
Mav 05, 1998 Regular Meeting Page 2 of 3
Commissioner David Augenstein had no report.
Commissioner Michael W. Hill advised he will attend the upcoming
annual Beaches & Shores Conference and will report on same at the
June 1998 Workshop Meeting.
Commissioner John J. Sorrelli had no report.
Mayor Arlin G. Voress received Commission approval to execute the
painting contract for the water tank. As an aid to traffic safety
when fire equipment needs to enter and exit the station, the Mayor
reported that Fire Chief Robert Rehr is reviewing the possibility
of having a blinking caution light re-installed in front of the
fire station. The Mayor concluded his report by advising that
input from residents regarding the establishment of a "Welcome
Club" has been requested via Government Channel 12.
5. REPORTS - TOWN ATTORNEY
Town Attorney Thomas E. Sliney deferred his report until the Ocean
Grande project was discussed.
6. REPORTS TOWN MANAGER
• None.
7. REPORTS - BOARDS AND COMMITTEES
The Board Action Report for April was received as information.
To fill the one (1) vacancy on the Community Appearance Board, Vice
Mayor Reid/Commissioner Augenstein nominated Judith Lee Browner,
and Commissioner Hill nominated Horace G. Leng. Roll call vote was
as follows:
Commissioner Sorrelli.........Browner
Commissioner Augenstein.......Browner
Commissioner Hill .............Leng
Vice Mayor Reid ...............Browner
Mayor Voress ..................Browner
Judith Lee Browner was appointed to a three-year term on the
Community Appearance by majority vote.
8. MONTHLY BOARD MEETINGS
Mayor Voress read the scheduled Board Meetings for May 1998 into
the record.
Minutes of Town Commission Meeting
May 05, 1998 Rectular Meeting Page 3 of 3
9. PROPOSED ORDINANCES AND RESOLUTIONS
There were no proposed ordinances or resolutions to consider.
10. REGULAR BUSINESS
Items Left Over
"OCEAN GRANDE" PROJECT: OCEAN GRANDE LAND
HOLDINGS, INC.'CONNAUGHT DEVELOPMENTS, INC.
Attorney Sliney led discussion with representatives from Ocean
Grande Land Holdings, Inc. and Connaught Developments, Inc.,
wherein it was confirmed by Connaught's attorney, Randee Schatz,
that Connaught's property directly south of Town Hall had been
purchased by Jeffrey Norman of Ocean Grande Land Holdings, Inc.,
for the development of 17 single family homes to be known as the
"Ocean Grande" project.
Discussion took place regarding amendment to the Connaught
Settlement Agreement (Resolution No. 645), the terms of which had
been previously agreed upon by Mr. Sliney and Jeffrey Levine, Mr.
Norman's attorney. During discussion, Mr. Levine and Mr. Norman
also submitted a site layout that Mr. Levine suggested be attached
to and made part of the amendment. At Mayor Voress' request,
Building Official Robert Dawson reviewed the layout and had no
objection to it. It was then agreed that the site layout would be
• made part of the amendment, noted as "Exhibit B." However, on Mr.
Sliney's advice, it was also agreed that a paragraph "10" be added
to the amendment to ensure that in the event of a conflict, the
Settlement Agreement, not the site layout, would govern.
Also in the course of discussion, Connaught Attorney Schatz agreed
to provide a copy of an "assignment of rights." Ms. Schatz further
agreed that should the property revert to Connaught for any reason,
the terms of the amendment to the Settlement Agreement would
prevail.
Concluding discussion, amendment to the original Connaught
Settlement Agreement was agreed upon, including the additions of
the above referenced "paragraph 10" and the site layout as "Exhibit
B". MOTION by VICE MAYOR REID/COMMISSIONER AUGENSTEIN was as
follows:
THE TOWN COMMISSION APPROVES THE AMENDMENT TO THE
SETTLEMENT AGREEMENT DATED MARCH 14, 1994 BETWEEN
CONNAUGHT DEVELOPMENTS, INC. AND THE TOWN OF HIGHLAND
BEACH,
Roll Call met with unanimous favorable vote.
The Commission members, and well as Mr. Norman, also initialled the
site layout.
Note: Copy of correspondence between Attorneys Sliney and
Schatz regarding the sale of the property, and copy of
Warranty Deed attached to and made part of these Minutes.
y• l
Minutes of Town Commission
' May O5, 1998 Regular Meetincr Page 4 of 4
11. ADJOURNMENT
There being no further business to come before the Commission at
this time, Mayor Voress adjourned the Regular Meeting at 2:15 P.M.
upon MOTION by COMMISSIONER AUGENSTEIN, VICE MAYOR REID.
dmt
APPROVE:
Arlin ,~. Voress,
P
Thomas J. Reid, Vice Mayor
David Augenste' Commiss
el.~d: Hill, Commissioner
•
Jo n J.~S relli, Commissioner
ATT
h_ . ~ ~
DA E : T~ ~ J
•
' i
HAY 05 '98 09;37 TO-TOWN OF HIGHLAND FROH-HODGSON & BUSS T-807 P,02i05 F-777
HODGSON RUSS
May 5, 1998
ANDREWS
'~YOODS Sr
GC?ODYEARrry
ATTOaNaYS wT LwW
BY FAX 561/265-3582
Ms. Mary Ann Mariano, Town Manager
Town of Highland Beach
3614 South Ocean Bvulcvard
Highland Beach, FL 33487
Dear Mary Ann:
zooo olades [toad Atbmry
Suite 400 Boca Rayon
Boca Piston. PL 33431-&599 B~ato
Sbl-39d-0500 eocw nc~
561-736-2177 Pwlal Hit New York
954-764-2410 nsoa+iu~ RocJresre~
Fwx:361-394-3x62 To.vnre
n~rt~~':wnv-hod4sonruss.com WesrPalmBeoch
EMwIL: bocalaw®hodssoruuss.com
Susan K. Baumel.P.A. James A. Porter, P.A
LawrenceF Pieycr o[Cnuaeol
[.arty Corroan,P.A
Georg. R d~Claite
Antlrary 4 Duuon, P. A.
Rfche[dA.QoCtx,P.A.
Michael H. C3ora.P.A RBSN@Cta1NBWYORR
James M. Hankies. P.A. Pau! PL Comeau
Pact S. Ztnrnnn Merit S. Klsin
'l7mmasPl.Slinoy.P.A. stephcaM.Ncwruur
JeiTrey s. cellar
RE: CONNAUGHT SALE TO OCEAN GRANDE LAND HOLDINGS, INC.
Per my request, Randee Schau has written me a letter, confuming the sale of the
• Connaught property to Ocean Grande Land Holdings, Inc. Attached please find a copy of her
letter of May 4, 1998, and a copy of the Warranty Deed of sale. Would you please have a copy
of these documents distributed to all of the Town Commissioners.
Very y yours,
V~
mss E. Slittey
TES: sls
Enclosures
12577.0004
96059
~T ~ ~
NAY 05 '98 09;38 TO-TOWN OF HIGHLAND ~ FROH-HODGSON & BUSS
P A.
• Ra~d~ee S. Schatz,
Anorney at Law
220 Sunrise Avenue, Suite 209
Pal ~ Beach, Florida 33480
Tel hone (561} 833-1846
Fax (56l) 833-1881
E-Ad'ai~ RScharl®corn~pteterve.cam
May 4,1998
Thomas Sliney, Esq.
2400 Glades Road Suite 400
Boca Raton, Florida 33431-8504
Re: Connaught Developments. Inc. A}ad Ocean Grande Land Holdings. Inc.
VIA FAX
Dear Tom:
T-807 P. 03/05 F-771
This letter is writtai is rcgardit~g the s$Ic as of April 30,1998 of the Highland Baacb
which was owned by my client, Connaught Developments, Inc. and is now owned by C)cea
Land Holdings, Inc. I enclose for yot~ a copy of the deed executed in this closing, which +
recorded on May 1,1998. As per our:discussian, Iwill be at the Town Council meeting t
to answer any questions that may arise regarding the transfer of owctsrship and modificati
settlement agreement. Should you hac~e any questions, please let me know. Your cooperati
matter has been appreciaxed. .
Sincerely yours,
OwC~t /j/f
Randee S. Schatz
was
of the
in this
RSS:rs
cc: Geoffrey Kendrick
Jeffrey Levine, Esq_
t ~
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South,
of
boas ,
TOTAL P.94
98 11:02 TO-TOWN OF HIGHLAND
.F~.
ODGSON RUSS
ANDREWS
wooDS ~
GOODYEARc~P
wrroaxars ~-r Lww
Apri122, 1998
BY FAX 561/382-1313
Jeffrey A. Levine, Esquire
4000 North Federal Highway
Suite 201
Boca Raton, FL 33431
Dear Jeff:
FROH-HODGSON &RUSS T-394 P. 02/63 F-374
2000 Glades Road Albmry
Suite 400 Bc~a Raton
Boca Raton. PL 33431-6399 B~o
561-~~~ °OCA a''~'" .
New York
561-736-2177 ~x stoat Roc]teater
954-164-?A4o stwav,~
Fw7G 561-394.3862 Taonro
t~rttixt~t: WestFalarBeath
F~-t+uu bxalaw®1wQgsau~tss.eom
Susan K 13aamcl. P.w. ]amen A.l?oroer. P.A.
Lwa+ceF Beyer OFCo~utsal
Lary Comun. P.A.
Gauge ~ doCWte
wnthot-yL. puttai.i'.A.
Richacdw.Goat:.P.A. xaso~rraraw~
Michael K Gota,P.ti
lames bs. Hankins.P.A. Paul R (bmem
Panl & Rotaaa Madc3.lQein
ZAomas8llinry. P.A Seeplrow l-i. Nev+mm
]effmy S. Geller
RE: TOWN OF HIGHLAND BEACH: AMENDMENT TO SETTL~:I~NT
AGREEMENT WITH CONNAUGHT DEVELOPMENTS, INC.
As per my review of your letter of April 16, 1998, and proposed Amendment to
. - Settlement Agreement and in accordance with our recent conversation, I woulQ like to comment
on the proposed Amendment as follows:
1. We will need an Exhibit "A" attached to the Settlement Agreement.
2. We will need proof that Connaught bas assigned to Ocean Grrande all of
its right. title and interest in and to that certain Settlement Agreement dated March 14, 1994.
I have talked to Randee Schatz to determine what written verification we will receive from
Connaught. Assuming that we receive suitable vcrification, then the Towa will not have say
problem recognizing that Connaught has assigned all of its right, title and interest in the
Settlement Agreement.
3. I assume that Paragraph 4 of your amendment supplants existing Paragraph
4 of the Settlement Agreement in its entirety. I have three caminents regarding amended
Paragraph 4, as follows:
a. At the top of the second page of your amendment please change the
word "Council" to "Commission."
A Resisar~ed Ilinhed L~abiliD ParnersNip IncGrdmg Arofusioxal Assxeationc
RUSS ANDREWS WOODS & GOODYEARur
Jeffrey A. Lcvinc, F~quirc
Apri122, 1998
Page 2
b. The Town will probably want to examine your proposal in
Paragraph 4.b with regazd to setting the site waU back twenty (20) feet from the east boundary
line.
c. As we discussed, you will clarify the language in Paragraph 4.f
with regard to the forty (40) feet or two (2) stories, (excluding the chimney...}.
4. Per our conversation the introductory paragraph of Paragraph 5 will change
in accordance with your new propose( for S(e) anrl, in essence, wiU read as follows:'
"During the life of this Agreement the following Paragraphs shall apply:".
I assume that Paragraphs S.a, .b, .c and .d would remain the same under
your proposal.
5. With regard to Paragraph 8 please change the word °council" to pcounsel."
6. Please delete Pazagraph 10 since, as we discussed, it is my understanding
that this Agreement does not.need to be recorded.
When you have made these revisions, please send a copy to me and to Town
Manager Mary Ann Mariano. Thank you for your assistance.
Very yours,
Thomas E. Sliney
TFS:sIs
cc: Ms. Mary Ann Mariano, Town Manager (BY FAX 551/2b5-3582)
12577.0004
~~i
Y ~ ~
Apr-08-98 04:38P
Law Offices Of
JEFFREY A. LEVINE, P.A.
. 4000 NORTH FEDERAL HIGHWAY
SUTCE 201
BOCA RATON, FLORIDA 33431
JEFFREY A. LEVINE
April 8, 1998
VIA FACSIMILE (561) 265-3582
and II. 8. MAiL
Town of Highland Beach
3514 S. Ocean Boulevard
Highland Beach, Florida 33487
Attn: Mary Ann Mariano
P_O1
TELEPHONE (561) 392-8.388
FACSIMILE (561) 392-1313
RE: Ocean Grande Land .Holdings, Inc. (Connaught Property) -
Town Meetings
• Dear Mary Ann:
This shall confirm that my client previously asked to be on
the Town Agenda for May 5, 1998 in regard to the project being
presented by, Ocean Grande Land Holdings, Inc. (Jeffrey Norman).
Subsequent to our request, we received a letter from Mr.
Sliney and he indicated that my client must also appear at the Town
Workshop meeting scheduled for April 28, 1998. Please accept this
as a formal request for permission to appear on the Workshop Agenda
for April 28, 1998.
Please let me know if there is any mare formal application
that you need concerning April 28, 1998 and May 5, 1998 meetings.
We are preparing a proposed Amendment to the Settlement Agreement
which we will deliver to Mr. Sliney for his review (as to form) and
then deliver to the appropriate officials at the Town. Also, Mr.
Norman is preparing certain additional information for the meetings
and he will deliver such information to you as far in advance as
possible so that you can distribute same, or make such information
available, to the members of the Town Council and your staff.
Cordially yours,
~..
Jeffrey A. Levine
JAL\bks
cc: Jeffrey H. Norman
Thomas E. Sliney, Esq.
norman\connauyht\eeriano_ltr
,~ . ,
.. -
. ~~
..~.
HODGSON RUSS
ANDREWS
• WOODS Sz
GOODYEARLLP
ATTORNEYS AT LAW
March 23, 1998
Jeffrey A. Levine, Esq.
Jeffrey A. Levine, P.A.
4000 North ~ Federal Highway
Suite 201
Boca Raton, FL 33431
Dear Jeff:
,'';. MAR 2 5 X998
2000 Glades Road Albany
Suite 400 Boca Raton
Boca Raton, FL 33431-8599 Bu$alo
561-394-0500 eocA aATON
New York
561-736-2177 PALM sEACx
954-764-2440 seowARO Rochester
FAx:561-394-3862 Toronto
tN7FRNEI': www.hodgsonruss.com West Palm Beach
EMAIL: bocalawC~Phodgsonruss.com
Susan K. Baumel, P.A. James A. Porter, P.A.
Lawrence R Beyer Of Counsel
Larry Corman, P. A.
George F. deClaire
Anthony L. Dutton, P. A.
Richard A. Goetz, P. A. at=sroENr nv NEw Yorut
Michael H. Gora,P.A.
James M. Hankins, P. A. Paul R Comeau
Paul E Roman Mark S. Klein
Thomas E. Sliney, P.A. Stephen M. Newman
Jeffrey S. Geller
Re: Ocean Grande Land Holdings, Inc./Connaught Developments, Inc.
• I am in receipt of your letter of March 10, 1998, and further pursuant to our
telephone conversation of March 19, 1998, would like to respond as follows:
1. With regard to the proposed Amendment to Settlement Agreement I would
like you to prepaze the proposed amendment and send it to me for my review with the Town
Manager.
2. You or your client will need to appeaz not only at the May 5, 1998, Town
Commission but at the April 28, 1998, Workshop meeting.
3. If there aze any questions with regazd to the Agenda closing you should
call Town Manager Mary Ann Mariano or Town Clerk Doris Trinley for those time frames.
4. We would like to have all of your submittals regarding your proposed
project and the amendment as soon as possible so that we can distribute them to members of the
Town Commission.
5. I have requested the attorney for Connaught, Randee Schatz, to attend both
the Workshop meeting and the May 5th meeting. Because your closing is scheduled to come
between the two meetings, I think it's important that all of the interested parties be represented
before the Town Commission.
A Registered Lirrrited Liability Partnership Including Professional Associations
~ •, ~
HODGSON RUSS ANDREWS WOODS Sz GOODYEAR~„
Jeffrey A. Levine, Esq.
• March 24, 1998
Page 2
I look forward to working with you and moving this matter forward.
Very ly yours,
~ .~~
omas E. Sliney
TES: sls
cc: Mary Ann Mariano -
Randee S. Schatz, Esq.
BQCA:92976_1
12577.0004
_~