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1987.10.27_TC_Minutes_Special (2) r -~ ` TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Special Meeting Tuesday, October 27, 1987 _3:_00 P.M. A Special Meeting of the Town Commission was called to order by Commissioner John J. Basso at 3:00 P.M. in the Town Commission Chambers at Town Hall. Other Town Commission Members present were David T. Robinson and Robert F. Scholz. Mayor Betty Jean Stewart and Vice Mayor Mary Louise G. Blosser were absent. Also present were Town Attorneys Thomas E. Sliney and Lisa Mulhall, Town Manager Hugh D. Williams, Town Clerk Mary Ann Mariano and members of the general public. Commissioner Basso noted the purposes for the Special Meeting, the first being to give first reading to the following Ordinance: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, RELATING TO REZONING, PROVIDING FOR THE REZONING OF TOWN LOT 2 A.N. THAT WAS FORMERLY KNOWN AS THE "B" AND "C" SITES OF FORMER RPUD--1 (NORTHERLY PORTION OF BOCA HI COMPLEX), TOWN LOTS 59, 60, 62, 65 AND 69 (WEST OF A--1--A ONLY) FORMERLY KNOWN AS RPUD-2, TOWN, • LOTS 15S AND 15N AND TOWN LOTS NOS. 56, 57, 58 AND 71 (WEST OF A-1-A ONLY) FROM RMM (RESIDENTIAL MULTIPLE FAMILY-MEDIUM DENSITY); PROVIDING FOR THE APPROPRIATE REVISION OF THE OFFICIAL ZONING MAP; PROVIDING AN EFFECTIVE DATE. The Clerk gave first reading to this Ordinance by title only. It was noted that a Public Hearing would be held this day at 5:01 P.M. for citizen input into the proposed ordinance. Further, a second 5:01 P.M. Public Hearing and Special Meeting will be held on November 17, 1987 at which time this ordinance may be adopted. Attorney Ken Slinkman, representing Paul and Camille Hoffman, addressed the Town Commission at this time and expressed opposition to the proposed zoning map amendments. The second matter taken up at this Special Meeting was a request from Hidden Harbor to extend their current permit until November 30, 1987, to be consistent with the Army Corps of Engineers permit extension to that date . Attorney Lee Worsham, representing Hidden Harbor Development Corp. was present and noted the request. Attorney Worsham stated that all work had been done in accordance with the Corps of Engineers, DER and Town permits, however, due to some high tides, there had developed a problem which required the thirty day extension. Attorney Worsham also noted that Neal Janov of Darby and Way, as well as Robert Snyder, of Snyder • Oceanographics were present to answer any questions regarding the mangrove and mitigation work. Town Commission Special Meeting October 27, 1987 Page 2 of 4 Attorney Sliney noted that Lisa Mulhall, his associate, had been in contact with the various state agencies and felt that should any extension be permitted, the following three considerations should be taken into account: 1. The areas which have been scarified should be appropriately seeded in all areas to keep dust and other debris to a minimum; 2. larger mangrove plantings should be utilized; and 3. the mitigation plan of the County Health Department should be made a part of the Army Corps of Engineers permit. Attorney Worsham noted that all the above considerations would be met should the Town extend the permit. Robert Snyder, of Snyder Oceanographics, then addressed the Town Commission and indicated that all areas which had been scarified would be seeded with millet, which is a substance that grows quickly and would remain green without irrigation. Mr. Snyder further verified that all removal of mangroves had been done in conformance with the existing state permits and that mitigation would include in excess of what the permits require. Mr. Snyder further noted that although the permits only called for the provision of mangrove seeds, plants of 1 to 1-1/2 year old mangroves would be planted. The required survival rate of the plantings will be 4 to 5 times greater than that of seeds. These plantings will be monitored over a three year period with a guaranteed 85~ survival rate. Substantial discussion took place regarding Commissioner Scholz' understanding that a 3 to 1 ratio would be used in the replacement of the mangroves. It was determined that ratios are based on the total acreage of an entire area. Mr. Snyder noted that due to the fact that on this project the preservation area has been increased, the ratio on this particular project was more like 4 to 1 in the replacement of mangroves. Further, three species of mangroves will be planted being black, white and red mangroves. Mr. Snyder then distributed a copy of a recent article from Audubon about mangroves, which noted that a better distribution of mangroves serves to promote growth and provide for a more stable shoreline. At the request of Commissioner Robinson, Neal Janov (of Darby and Way) presented an overlay which depicted the erosion occurring on the property since 1946 where the property line in some areas had eroded up to 125 feet. Mr. Janov noted that the data regarding the erosion had been obtained both through field surveys as well as aerial photography. Mr. Janov further noted that all work being done on the creation of the barrier island was within the property lines of Hidden Harbor. Town Commission Special Meeting October 27, 1987 • Page 3 of 4 Mr. Snyder stated that with responsive mangroves, the barrier island would be totally covered in vegetation in 4-5 years. Attorney Sliney noted that additional amplification on mitigation was contained in the plan of the County Health Department. Mr. Snyder noted that he was in the process of working with the County Health Department to see that all the proposed planting would be agreeable. The County Health Department is in the final stages of reducing the drawings to plans for the mitigation process. Commissioner Basso then asked for public comment on this issue. Allison Fortran, resident of Boca Raton, stated that she lives just across the Intracoastal Waterway to the North of the Hidden Harbor pro- ject. Ms. Fortran read a statement urging the Town to defer their vote on the extension until the entire Town Commission was present. Ms. Fortran noted her opposition to the extension of the permit and urged the Town to require the development of the property in a non-offensive manner. Ms. Fortran further stated that she had contacted the state agencies, who had indicated that the existing permits would not have been granted today if applied for. Daniel Boyer of Boynton Beach, representing the Coalition for Wilderness Islands, then addressed the Town Commission and urged that they deny the request for the extension of the permit. Attorney Sliney noted that whether or not the state agencies would approve such permits today was irrelevant. The .property owners have been in the permitting process for years and although there have been subsequent changes by the Town in its policies, the Town has no control over the issuance of the existing permits. Commissioner Robinson noted that situations such as this one where neighboring municipalities were affected justifies the need for the Regional Planning Council to work out such problems. Steve Harris, of Balmara in Boca Raton, urged the Town Commission to deny the permit noting that traffic within the Intracoastal has become dangerous due to the narrow width of the water lanes. Mr. Janov again stated that the barrier island is within the property lines of Hidden Harbor and that the seawall on the West side of the Intracoastal was, in fact, further out into the traffic lane than the barrier island. Attorney Worsham noted that to deny the extension of the permit would only prevent the mitigation work to replace those mangroves which had been destroyed. There will be no further destruction of mangroves at this point, only work to replace and plant on the property. Town Commission Special Meeting October 27, 1987 • Page 4 of 4 Commissioner Robinson noted that for the sake of the environment, the Town must allow this phase of work on Hidden Harbor to be completed. MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER SCHOLZ that the Town grant an extension of the permit on Hidden Harbor until November 30, 1987, to be consistent with the existing Army Corps of Engineers permit, with the following three conditions: 1. All property scarified is seeded. 2. Larger mangrove plants (1 to 1-1/2 years old) are planted. 3. That the County Health Department mitigation plans be attached and become a part of the Army Corps of Engineers permit. [7 This MOTION carried unanimously with favorable votes. There being no further business to come before the Town Commission at this Special Meeting, same was properly adjourned at 4:PJ0 P.M. APPROVED: Be ty Jean Stewart, Mayor Mary Louise C~,,. Blosser, Vice Mayor n ~~~~so,~:.omiu~ssioner via ~r.- xobirrsor~,._c;omntrs-s~ioner r~--_ ~ '1 Robert F.~Scholz, Commissioner ATTEST: ~~ TOW CLERK DATE: 3 / ~, I •