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1987.04.27_TC_Minutes_Special1 TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission SPECIAL MEETING Monday, April 27, 1987 1:30 P.M. A Special Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart at 1:30 P.M. in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and Town Commissioners John J. Basso, David T. Robinson and Robert F. Scholz. Also present were Town Manager Hugh D. Williams, Town Attorneys Thomas E. Sliney and David K. Friedman, Town Clerk Mary Ann Mariano and members of the general public. Upon calling the Meeting to order, Mayor Stewart noted that the purpose of the Special Meeting was to further review the Hoffman/Broadview request. Mayor Stewart also noted that at the end of that review, three additional items would be taken up, one being information regarding the MilanifJap Rock proposed purchase by the County. A Retirement Board appointment will also be taken up, as well as information regarding the anticipated submission of Camp Dresser & McKee's water source report. Mayor Stewart noted receipt of information from Attorney Lee Worsham, • representing Broadview Savings and Loan Association on Thursday, April 23, 1987 at 3:00 P.M. Also noted was a four page letter from Attorneys Worsham and Slinkman dated April 23, 1987, as well as drawings dated April 3, 1987 bearing number 80362, and bearing the name "Hidden Harbor". Attorney Lee Worsham, representing Broadview, gave a summarization of those items submitted to the Town, noting that the respective counsels had been endeavoring to work out the details of the requested permit. With overlays and aerials available, Attorney Worsham offered to answer any questions raised by the Town Commission. Commissioner Basso requested clarification on the various names and corporate names involved in this project. It was noted that the original permit had been requested in the name of Hoffman. Since that time, other principals involved in the project had been Broadview Savings and Loan, Sentinel Communities, Paul W. and Camille 0. Hoffman, Anco Properties and Hidden Harbor. Commissioner Basso requested information as to who Sentinel Communities and Anco Properties were and exactly what properties were in fact owned by the Hoffmans and what properties are held by the other corporate entities cited. Neal Janov of Darby and Way, representing both the Hoffmans and Broad- view Savings and Loan, addressed this issue noting that an explanatory acetate which had been utilized at an earlier meeting to clarify this matter was not available inasmuch as he felt that this matter had already been resolved. MINUTES OF THE TOWN COMMISSION SPECIAL MEETING • April 27, 1987 Page 2 of 6 Mr. Janov stated that the property owned by a joint venture of Sentinel Communities and Broadview Savings and Loan was shown as Hidden Harbor Development Company. Sentinel Communities is a wholly owned subsidiary of Broadview Savings and Loan Association, based in Cleveland, Ohio. Further clarified was that Hidden Harbor Association is the same entity as Hidden Harbor Development Company. Mr. Janov further explained that Anco Properties, Ltd. is a limited partnership wholly owned by Paul and Camille Hoffman, formed in Illinois, which partnership has no interest in this project. Attorney 5linkman noted that anything that bears the name Hidden Harbor does not include Anco Properties. Attorney Worsham stated that anybody holding any interest in this particular project was represented at this meeting, noting that the April 3, 1987 letter included an ownership diagram to clarify this item for the Town Commission. Mayor Stewart noted that the original permits were in the names Of /5~ Hidden Harbor Associates and Zaremba Communities and was concerned how that would affect a new name on any new permit requested. • Attorney Worsham stated that Zaremba's interest in this project was bought by Broadview Savings and Loan which kept Hidden Harbor, the Joint Venture, in tact. Mayor Stewart asked whether the names on the previous permits would have to be changed. Robert Snyder of Snyder Oceanographics, representing Broadview, stated that the Army Corps permit allows transfer of the permit to new owners as long as all requirements are met and that the state is aware of action to update the permit which is done by a standard application. Substantial discussion took place regarding the various names which the permits had been issued in. Commissioner Robinson requested information as to the name of Ocean Harbor Club which had also been mentioned in the project. Attorney Slinkman stated that the Ocean Harbor Club was only a marketing name and not an entity with any interest in the project. With regard to the various names used throughout the project thus far, it was mutually agreeable to all parties that any permit which might be approved would be based on the condition that all permits on the project be made consistent through whatever means necessary. Vice Mayor Blosser requested more information on the acreages involved, citing a 1980 letter to Mayor Horton depicting an outline of upland buildable property. Mr. Janov explained the figures as follows: 24.75 total acres • minus 7.34 representing the 300' to the south minus 0.68 representing the east side of AlA minus 1.06 representing property not to be filled minus 1.7 represented by H on the acetate map submitted 13.97 buildable acres MINUTES OF TOWN COMMISSION SPECIAL MEETING • April 27, 1987 Page 3 of 6 With current modifications of adding 1.06 acres to be filled and removing 1.47 acres located adjacent to the FIND parcel, the current buildable area is reduced to 13.59 acres, for a net loss of approximately 1/2 acre, stated Attorney Slinkman. Answering Mayor Stewart's inquiry, Mr. Janov stated that the channel proposed would be approximately 6' deep. It was later noted that the width of the channel would be approximately 100 to 120'. Answering concerns as to the protection afforded to the barrier beaches to be constructed, Mr. Janov stated that the same detail as on the original construction plans with regard to the shelf and mangroves would be provided. Multi-leaved mangroves of about 6-8 months old and 18" high would be provided on the barrier island. The mangroves will be planted with the filter cloth and rock foundation as explained in earlier meetings. Also, Mr. Snyder noted that the state required an 85% survival rate among the mangroves planted. In answer to Vice Mayor Blosser's inquiry, Mr. Snyder stated that the mangrove shelf would remain in perpetuity. Mayor Stewart noted that any action taken include a condition to provide • for adequate flushing action to those mangroves located along AlA. Mr. Snyder stated that the mangroves existing are healthy and that the flushing action presently must be adequate. Commissioner Basso expressed his concern for who would be responsible for the upkeep of the barrier island. Mr. Snyder noted that this would be the obligation of the permitee, however, noted that once the island is mature, that it would become self-maintaining. Mr. Janov stated that with regard to the existing permit, approximately 50% of the dredging is complete with the remainder of the work to be complete within approximately 30-45 days. When asked for a time frame for the work under the requested permit, Mr. Janov stated that they would be hard pressed to meet the deadline of August, which was the expiration of the existing state permits. Vice Mayor Blosser requested an explanation as to why a delay existed between early 1982 and March of 1983. Brian Taub, Vice President of Broadview, noted that during that time Zaremba had been the managing partner and that he could not give any explanation for the delay, and noted that since Broadview's involvement with the project, actions had been taken to move the project along. Dick Cook, consultant to Broadview and Hidden Harbor Development Company • also noted that actions had not been expedited inasmuch as they felt assured by the Town that the RPUD was good until 1990, and that this matter did not become an issue until Broadview's involvement in 1986. MINUTES OF TOWN COMMISSION SPECIAL MEETING April 27, 1987 Page 4 of 6 Attorney Worsham stated that he felt that even with the requests for permits by the Town commencing in March of 1986, this should have been adequate time to get the project going. Concern was then expressed regarding the "spoil area" located in the middle of the site and what would be done to this area which is about 30f~' x 400'. Attorney Slinkman noted that there were no immediate plans to do anything on this portion of the property and that once developed, this property would be taken care of. The Town Commission expressed concern regarding the blowing of sand from this area to surrounding properties. Noting the Town's concern, Mr. Janov stated that this area could be strawed and seeded to make it a grassy area until any further development could take place. With regard to development, it was noted that this matter was presently in litigation with relation to the RPUD time frames. Vice Mayor Blosser then read a letter from Boca Harbor/Harbor Island Associates, dated April 1, 1987, into the record, a copy of which letter is attached hereto and made a part of these Minutes. Attorney Sliney then suggested that a proposed agreement be drawn for submission to the Town Commission including the following conditions: • 1. The agreement be drawn similar to that drawn for the dredging permit executed in December, 1986. 2. Any permits issued by the Town would have state confirmation in written form. 3. That written verification be submitted to the Town of any transfers of property done for its records. 4. That permit holders meet all standards of federal and state requirements, particularly with regard to the 85% survival rate of the mangroves planted for two years after completion of the work. 5. That those mangroves on AlA receive adequate flushing action. 6. That the spoil containment area be seeded and strawed to prevent blowing away of sand. • MINUTES OF TOWN COMMISSION SPECIAL MEETING • April 27, 1987 Page 5 of 6 7. That provision be made to assure the conveyance of the FIND parcel to the county. 8. That a November 1, 1987 expiration date be placed on any permit issued. Vice Mayor Blosser noted that the present permit refers to a boat marina. Attorney Friedman read the portion of the previously entered into Stipulation which stated that no boat docks were to be constructed at this time. Mr. Williams stated that all reference to this area of the project should be referred to as a "channel" as opposed to a "marina". Attorney Sliney also noted that the scope of conditions as drafted in the April 3 and 23, 1987 letters of Attorney Slinkman/Attorney Worsham would be included in the draft agreement. MOTION was then made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to direct David Friedman and Thomas Sliney, the Town Attorneys, to draft a proposed agreement for submission to the Town Commission to clarify those items addressed today. Vice Mayor Blosser voted no. The • remainder of the Town Commission voted aye and the MOTION carried. Attorney Town Comp possible Building executed permit. Sliney nission action Offici by the stated within at the al, sta Mayor, that he would have the proposed agreement to the the next two days for their consideration and May 5th Regular Meeting. Bruce Sutherland, ted that until such agreement was approved and he would not be in a position to issue any The Town Manager and Building Official will submit the fee schedules necessary should this matter receive approval. The next matter addressed that the proposed Milani/Jap Rock purchase by Palm Beach County. Attorney Sliney noted that this matter had been postponed from the County Commission Agenda until May 12, 1987. It was the consensus of the Town Commission that Attorney Sliney develop a position paper to be submitted to the County Commission at that meeting. Attorney Sliney noted that this position paper would reiterate those items of concern set out in the Town's formal Complaint brought against the County. • MINUTES OF TOWN COMMISSION SPECIAL MEETING April 27, 1987 Page 6 of 6 Mayor Stewart then appointed Commissioner Scholz to the vacant seat on the Retirement Board noting that this Board would hold a meeting at 1:15 P.M. on Tuesday, May 5, 1987 prior to the Regular Meeting. Mayor Stewart noted that due to the fact that the report expected from Camp Dresser and McKee regarding alternate sources of water had just been received this morning and therefore would not be taken up at tomor- row's meeting. The Mayor indicated that this item would then be taken up at the May 5, 1987 Regular Meeting instead of the Workshop Meeting noting that the closing times for the agendas should be adhered to. There being no further business to come before the Town Commission at this Special Meeting, same was adjourned at 3:10 P.M. APPROVED: ATTEST: DATE: MAYOR ETTY JEAN STEWART VICE' MAYOR ~S~1RY LOUISE G. BLOSSER r ~ /1 ~_f ~ ~_ ~~ OMMI NER JOHN J. BASSO • ~ ~ ~•//c/' ~ C~IONER DAV ROBINSON COMMISSIO ER ROBERT F. SCHOLZ