Loading...
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 ~ HAY 05 '98 09:38 TO-TOWN OF HIGNLAN6 FRON-HODGSON & RUSS T-807 P,0 4i05 F-777 TAIs lAveaseat lleOaTea by at~d Ilseiar'a tD: )RiT1dM $ . 801R1ata1; , 14 . A. . 2Z0 s~ri.• Awsttls 8so8 1Tts39r ~seris, r3.or~ds 3S48o oa o0 001 oolo >~IONS~~~6~ 7 s a a s ch.ea.. f t TlN~ t3rsasaa I122'[*i: Warranty Deed, This Indeatars+, Made this 3,it daq of ~Y , 1998 A.D.. ~ eiweell Costaaa~adht psvalopaa~ats , Ina . , a oorporatioa suistissg cadet th lags of t:lss et:at~ o! alerida o[ a,. caaaty of Wake i , scars or Borth Carol3.ui tor, a:ta Oo~sls 3tiAdsl 2.iisd Soldislgs , ' Iao . , a aorporalioa veistiaq ands t:har laws of tA! t3ucs o= tlorids j .vrto.e sddteas b: 153 $ . B . First Avruu•, SOCa RatOa, FL 33432 of dt. coaary oe papa 8•aah ~ sine of 8'lorida tesatee. Witblesaett6 Ms the dP.I-Nl'I1~lt far and ie modm~o~ -"on oEttte amt of eee la ha e e wAe e d d dd GRA117EE l i d i l d a~~ d d b i ,,,l~~ R5. Qy hae e o ter =oe an va tta e eoo er~ Pst . t 'a ieoe p r sa t oa w y v~ sanw0. tyattataod asta sofa os we and o>awx~ at~d vnwtrtraa hers, saao~por~ ~.ta ouy,. raRVV•r cats fitire..foa s t.aa, dtu.t., ly~at .na nelns ~, the Cownp~ or palm Aeaa~ ststa of >'llorida "'iL .. ~~ syeatZa ~ o o l..e .~ tbs ~oavsasis~sat =.et i , t3aatieia a , Tevsss ip a 7 south, Mange as Fast, Ly lrsat: of tins aeasla high lia• oi' Atlantic Oaaaa atrld Lyiuq ast o! tiss Sooa 7tat:oa LaQoo><s, as rsd by ti:a Geural Land Otfia of Ssid S•otioa a , togethsr with Dtorth SOO !••t o! th• Fast} oaas 8a1! of Ssid Bona 1ta.toss Lagoo , o! Bsid Ssetiorrs 4. Lass thhs Bight-of-~isy o! t:atm Road A-l-]- as sha~ra oas 7i'lori ~ Dspartaaat of Traasportat:3 on Fight-of-shay slap 93060-2103. Lses ttas lQor~h 200 lNlr. e!~ Oovaatrsss•s,t ?.ors 1, >a•o•i.eas 4 , T ip 47 , South, raslQs 43 7Cast, lyir~q Vast of tbs lasaa isi~h wager lilsa of t:hs At:laatio Ooaaa assd lyistQ Fast oi° the Easterly fright-oP-may 1 ' ae oi' 8tat:s iioad A-1-1-, Stegsahesr viisis scan. •i4Ya~s (0 )~ ~ee~ easelvsaLw P•Fpatwa~. se+s•Ma alessg the aorth•rly eight {8) t at: o! the followi=ng dasariba$ pr ~ rty (°$asalmant Sram3.isas tt) t'O= th. ptaz~osars of sOOOSf , iayresa azgrass ovr the 8a.sarmtasst 8rsmissa~ !or p•drst:riaa tra!!ic as a ppra.v walkwa or a aa e i l b th t th ti t d ll s t wars y p Q May o Q i s s y er r e raass aa ass a : a msa•trvad is tf-as apsraial i~ssaasasaty Ds•d daatsd~ ties 1Gtsis da-y o Ooisobes, 1987 s>Ad raoorded ifs O!lidia3. >btaaords Sook 566 at page 757 = the Prsblia Rscords o! Palm Saaiah Coaaty , Siorida . The Sassimes><t r~iaea (Col;<tislLSed oa Att:aohsd) and ttia ;tartar does hweby tally warrant tAe Nate p acid laa4 std will ds!letd tlrs aarnt agairtat lawtLl dalnts of ail Whomsoever. In w~oss Whet^OOts the trant~or bas trereunto ~ to hand sad seal dre day ettd year tiro anove writtca. Si~nad, sealed snd delivesed is oar grasaacta. Co awQhC Darpalo~ssatat , I ~~ ' g .: ` (scat) 3 iat•d >ota>m• : +~ ci•oP~rsy Zotndrie7t: ~-rasi tPj.tiR•i• ~ P.O. Addtaas: ilt Qoaestefetty Read Gry, NC YfSi t Price d !t t lfitsssaas orporate Sean ' STATE OF 3tlorida COUNTY OF paw seaoh The f7ontoits laaenuom,t .wo aidoroorlsdtad ise tae dtia fat day of Ddiy ' , ~9 ~g by Cisodtarsy tlGeatiarLsis, >Psseid~ss o~ CoassaLSgbe a•.~.lo~a.•sss. , Zsas . , rl.arsds Gorporatioa, oa behal.t o! • aorporatiota t ~r to L penae-slly lowest oo the or vtd-o hat peodtned hs ivalr ~ al lioasssa- as idmrNNearton. ~ ~ ,+' ~ wtrthe a eor+.ar iat~d aatmsi z z S w~n j :~ ar n~toca~a~ Kota Pubiio ~.J ~rw moe.. a. 200 ~ . My catuni ..ios Eayites: f . ueowms's t~a,arsr.~. con ~.,»~» ra~~-vu.~ 1 .x ~ x NAY 05 '98 09:39 TO-TOWN OF HIGHLAND FROH-HODGSON & ROSS ~ ~ ~ Asa a au~, a.ivcv .Faso Z Pa~e+t lD Piv111~re 2 ` `Z `7 O4 ~ ~ Q Q 1 0010 T-807 P,05i05 F-777 is d~sorib~d as ='o1lors: T'ha ytorth 100 ysat of Ciovr t Lot 1, 8aatioa d , Torstsbiy 4 Staaga ~3 gast, layissq Nrat ! the msass 3aiQls ~ratss lisss o! tlss ~-tlaatio Ooasa a=td lyissQ =a t of the sastorlp riQbC=off-ray 1 9tsta Soad AlA, said land s~tw.tw, lyiaq aad bsiAg is Balm Sa co„~,tz , rzo=iaa . This aoavsyaacs is svb3sot ao:sdit3oas , rastriatj•osas , rsa~s sassrats, crovriaaats asLd 1 tatiosis o! rooord; soAitaq asad./'or rsstriatioas ia~possd by qo rssassatsl asutho=3.tios, asad taacsq atss~sss+~ats szabs~qu~sst tv a c~b~r 3i, 1999 , 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 _~