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1987.10.23_TC_Minutes_Special TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission SPECIAL MEETING Friday, October 23, 1987 10.00 A M A Special Meeting of the Highland Beach Town Commission was called to order by Commissioner John J. Basso in the Town Commission Chambers at Town Hall. Other Town Commission Members present were David T. Robinson and Robert F. Scholz. Absent from this Special Meeting were Mayor Betty Jean Stewart and Vice Mayor Mary Louise G. Blosser. Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D. Williams, and Town Clerk Mary Ann Mariano. Commissioner Basso noted that the purpose of the Special Meeting was to discuss and take action in reply to Department of Environmental Regulation correspondence, dated October 12, 1987, regarding a request of Connaught (Lot 71 West) for an extension of their DER permit, originally issued on August 25, 1980. Commissioner Basso read the October 12, 1987 letter from the Department of Environmental Regulation, a copy of which is attached hereto and incorporated herein by reference. • Mr. Williams, Town Manager, noted that this letter had been addressed to Mayor Stewart and had been on her desk for some time, unopened, as it was received after her departure to Europe on vaction, however, felt that action taken today could be hand delivered to the DER Office in West Palm Beach to be in compliance with the 14 day response requirement. Mr. Williams gave the background of the permits on the Connaught Parcel, as well as submitted a draft letter to DER stating several reasons why said permit should not be extended. The draft letter was reviewed and several editorial changes made. The Town Attorney stated that he had reviewed the draft letter and felt that it was in proper form for transmittal to the DER with the exception of using the term "RPUD" in the third paragraph, which word was removed. A copy of the amended letter (to DER, dated 10/23/87) is attached hereto and incorporated herein by reference. MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER SCHOLZ that the Town officially object to the requested application by Connaught for the extension of their DER permit on Lot 71 West. This MOTION carried unanimously with favorable votes. MOTION was then made by COMMISSIONER ROBINSON/COMMISSIONER SCHOLZ that the Town Manager hand deliver a letter this day to the DER Office setting out the Town's official position in this matter. This MOTION also carried unanimously with favorable votes. • Attorney Sliney then recommended that Mr. Williams have a representative at the DER Office acknowledge receipt of the letter on the Town's copy. -_ . ~ Town Commission Special Meeting • October 23, 1987 Page 2 of 2 There being no further business to come before the Town Commission at this Special Meeting, same was adjourned at 10:15 A.M. APPROVED: Betty Jean Stewart, Mayor Mary L wise G. 1 sser, Vice Mayor Jo a , o sion r avid T. o~ ins n~ Comm Toner ~~... Robert F.~Scholz, Commissioner ATTEST: WN CLERK DATE: jaL ~~ ~8 • ATTACHMENTS: (1) LETTER from DER, dated 10/12/87 (2) LETTER to DER, dated 10/23/87 o~'~+ G"`A'Y~1 ~~~ Town of Highland Beach Betty Tenn Stewart / ••• ~ ~/~ ~'~ Vier Mayor- ~ 3~ Mary Louise G. Blosser i°' ~~ ~- '~i ~ t' • ' ~ Commissioners: ~ , • ~ 361 4 SOUTH OCEAN BOULEVARD • HIGHLAND BEAC H, FLORIDA 33487 John 1. B<~sso f l~ ~,••'* = ~ David T. Ro6insou 1 • • •0 ~ P _ '1\ ~~ O R ftoherl F Scholz ~\ ~~ Palm Beach County, F}OIldd 305 - 278-4548 Town Manages Hugh D. Williams October 23, 1987 Department of Environmental Regulation Southeast Florida District Mr. Larry O'Donnell, }~nvironmentat Manager 1900 S. Congress Avenue West Palm Beach, Florida 33406 FILE N0, 501401366 Dear Mr. O'Donnell: As a result of a Special Meeting held this day, the receipt of this letter should be considered the official Highland Beach objection to the reissuance of any permits on the above cited file. Further, the Town of }iighland Beach officially requests that there be a new hearing held on this matter and that the Town • participate as a party to the procedure, as contained in Section 120.57 FS. When the revised DER Permit No. DF 50-44440--6E was issued on August 3, 1981, there was an entirely different zoning category and density level that existed on this property. The zoning that existed on this property expired by Ordinance in 1985 and as no work had even started under DF 541-44440--6 E, it would not be prudent for this permit to be reissued. The Town Comprehensive Ulan has been revised to show a density of 8 units per acre maximum and a maximum height of 30 feet for each structures. The scope of work as contained in DF 50--44440-6E contemplates a much greater density and much greater height for construction, therefore, is no longer applicable to the underlying 'T'own zoning. In addition, I would offer the Following comments: a, rl'he mosquito ditch widening proposed for the Northern property line in the Town's 10 foot easem+•/nt has a potential of damaging the 'Down's subaqueous Intracoastal Waterwi,ty water transmission line. It has been standard • For the' 'Down to mandate that .a $250, 000.00 cash bond be posted with the Town, as well as havinc3 the developer presenting an areproved emr>r~}ency plan against any interruption of water thr~~u~}h thi, transmission line. ` _ k Letter to Larry O'Donnell, DI:R October 23, 1987 Page 2 b. On the 7th page of the current application, we question the answer to Question No. 2, relative to the project adversely affecting the conservation of fish and wildlife, including endangered or threatened species. c. Not only does this property have many different types of mangroves on it, but frequent sightings of manatees feedinc3 directly in front of this property have been made. During the last calvin<~ season, a cow and her offspring appeared to have made this area their home base and many other manatees have been observed on a very frequent basis. Therefore, it would be the Town's position that the answer given to Question No. 2 does not represent the situation that actually exists and the Town would insist that a forn-al environn-ental impact statement be provided prior to any consideration of this permit reissuance. • The answer to question No. 4 raises several questions, particularly in view of the comments made by Joseph D. Carroll, Field Supervisor of the Department of Interior, that the "encroachment of intense hun-an activity on at least three sides of this wetland will reduce its value as a wildlife habitat". Although not a concern of this permit, the Town does have serious questions on the access road construction and how it would affect the North/South water and sewage transmission lines over which it must transverse. Very truly yours, gh D. bJi lliams, 't'own Manager HDW:elk I HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THIS LETTER ON 10/23/87. Title: