1987.04.15_TC_Minutes_Workshop
TOWN OF HIGHLAND BEACH, FLORIDA
• TOWN COMMISSION
WORKSHOP MEETING - MINUTES
WEDNESDAY, APRIL 15, 1987 1:3~ P.M.
A Workshop Meeting of the Town Commission was called to order at 1:3f~
p.m. on April 15, 1987, by Mayor Betty Jean Stewart in the Town
Commission Chambers at Town Hall, 3614 South Ocean Boulevard, Highland
Beach, Florida. Also present were Vice Mayor Mary Louise G. Blosser and
Commissioners John J. Basso, David T. Robinson, and Robert F. Scholz.
Also present were Town Attorneys Thomas E. Sliney and David Friedman,
Town Manager Hugh D. Williams, Building Official Bruce Sutherland, Deputy
Town Clerk Elizabeth L. Kolek, and members of the public.
Present representing Broadview Savings and Loan, Hidden Harbor, and Paul
and Camille Hoffmann were Attorney Lee Worsham, Attorney Kenneth
Slinkman, Neal Janov (Engineer with Darby and Way), Attorney Elliot
Kaufman (from Cleveland), and Bob Snyder (Snyder Oceanography Services,
Inc., Jupiter, F1.).
Mayor Stewart announced that the subject of this meeting is the
Broadview/Hoffmann Property.
• Mayor Stewart stated that the Commission had been provided a map for
information, Sheet #111, File No. 8~P1362, Hidden Harbor, prepared by
Darby & Way, dated April 1, 1987.
Mayor Stewart asked the Town Attorney for a report on pending litigation,
as it now exists against the Town of Highland Beach, involving this
subject.
Attorney Sliney stated that there are several lawsuits, one of 1986
resulted in the Dredge Permit issued on December 5, 1986. It was decided
in that agreement stipulation to take this matter in stages and now we
are at another stage. Attorney Sliney stated that pending litigation
does not directly involve the permit. A separate suit filed at the end
of 1986 resulted in their application for a Fill Permit, which is the
subject of todays' Workshop Meeting. A third suit involves zoning or
rezoning which is not at issue today and does not affect the permits as
the other two did. Upon receiving a call from Lee Worsham this morning,
Attorney Sliney suggested that the Town Attorneys meet with Lee Worsham
and Ken Slinkman (Broadview Representatives) to draw up a clarification
letter because a letter from Mr. Worsham and Mr. Slinkman of April 3,
1987 was not clear and did not clear up the confusion. Attorney Sliney
stated that we are here today to discuss the "Fill Permit", amplification
on that, and the recent correspondence. He also stated that anything
that the Town grants does not affect the Town's position regarding the
fact that the RPUD has expired.
Attorney Sliney read Paragraph 4 of the December 2, 1986 Agreement
Stipulation between Broadview/Hidden Harbor and the Town of Highland
Beach into the record:
Town Commission Workshop Meeting Minutes
April 15, 1987
• Page 2 of 3
"4. The Developers will not introduce into evidence in any
administrative or judicial proceeding relating to the controversy between
the Developers and the Town regarding the zoning and density restrictions
applicable to the above property in this agreement or any parol or
written evidence relating to the Town's issuance of a permit or permits
for the above described work."
Lee Worsham, Attorney representing Broadview/Hidden Harbor, displayed a
map of the property, with descriptive overlays, and walked through the
steps of development to show how they fit the .property. He stated that
early environmental permitting in Florida did: not preserve mangroves but
later was determined that they are important to preserve. He showed
where the land is situated, the FIND parcel (which was established some
time ago to put spoil from dredging of the Intracoastal, about 4 acres),
showed the upland area of the property where spoil dredged by
Broadview/Hidden Harbor will be deposited, the part owned by Hoffmann,
the area owned by Broadview, showed where the barrier island will be (325
feet long by 35-SP1 feet wide), and showed wehre the property boundaries
are located. On the overlay, Mr. Worsham stated that the orange area was
owned by Hidden Harbor Development Company, a Joint Venture with
Broadview and Sentinel Communities; the yellow area has one mortgage held
by Paul Hoffmann; and the blue area is held by title by Paul and Camille
• Hoffmann, who pay the taxes, and have an agreement that it will be deeded
to the Joint Venture upon completion of certain criteria. Mr. Worsham
stated that the work that is proposed to be done includes only fill and
no dredging. A barrier island is proposed, made of fill on which red
mangroves and a grass would be planted to stabilize erosion and would use
a process that includes a filter cloth and built up with rubble and plant
vegetation, where there was none, including fill area along the
shoreline.
Attorney Kenneth Slinkman stated that if the Permit was issued in both
names, it should not be a problem to the Town and his client.
Attorney Sliney stated that because the State Permits are similar but not
in the same names, it adds to the confusion.
The size of the Hoffmann held property was determined by Attorney
Slinkman and Attorney Elliott Kaufman (Hidden Harbor-Hoffmann's Attorney
from Cleveland, Ohio) was determined to be in excess of 2.48 acres.
Neal Janov stated that no trees are to be removed along A-1-A.
Bob Snyder (of Snyder Oceanography) stated that all mangroves will be
preserved and stated that they have beem talking with the Health Dept.,
D.E.R., and the Corps of Engineers.
Neal Janov stated that an updated plan on this property would be provided
• to the Town Commission by 3 p.m. on April 16, 1987.
Town Commission Workshop Meeting Minutes
April 15, 1987
Page 3 of 3
Mr. Worsham stated that their Corps. of Engineers Permit expires August
16, 1987 and that time is limited to get this Fill Permit. No fill would
be leaving the property or the Town.
Attorney Sliney requested that a rational explanation be given as to what
is proposed to be done on this property. It should be tied into the
drawing. He said their representatives should state in a letter what
will be done with each site on the map and key it in with a number system
so that it is understandable by all. He stated that only if a cross
reference and an accurate diagram is received, could an agreement be
made.
Mayor Stewart stated any supplemental material should be provided and
Vice Mayor Blosser stated that all information as to what is proposed for
all the acreage, corrected drawings and updates, still need to be
provided to the Commission and questions related to the April 3, 1987
letter from Mr. Slinkman to Mayor Stewart need explained, before the
Commission can make a decision.
The consensus of the Town Commission was that they accommodated the
Hidden Harbor/Hoffmann/Broadview project by holding this Workshop Meeting
on their behalf but were diassapointed that all pertinent information was
not provided to them prior to this meeting.
The Town Commission agreed to hold a Special Meeting on Monday, Aril 27,
• 1987 at 1: 3(d p.m. to further discuss this property with possible action
taken.
MOTION was made to adjourn the Workshop Meeting at 2:55 p.m. by
Commissioner Basso/Commissioner Robinson. All voted AYE.
NOTE: A VERBATIM TRANSCRIPT OF THIS MEETING IS AVAILABLE IN THE TOWN
CLERK'S DEPARTMENT AT TOWN HALL.
APPROVED:
~~~~~~~
MAY R BETTY JEAN STEWART
_ ram„ ~ ~.~..~x._ ~• ~~ P~v
VICE MAYOR MARY LOUISE G. BLOSSER
ISSLS~NF.,~2lJOHN J._BASSO
COMMISSIONER DAVID T. R~INSON
COMMISS R ROBERT F. SCHOLZ
•
ATTEST: ,
DATE : '~ ~i~i