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06-22-1972 VC REG-MMINUTES OF REGULAR MEETING OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD -- THURSDAY, JUNE 22, 1972 1 Present: H. Mallory Privett, Jr., Mayor -- Ronald B. Cadby, Vice Mayor --_- Robert W. Martin, Councilman - Thomas B. Rhodes, Councdlman Robert F. Slater, Councilman Herbert L. Gildan, Village Attorney Lawrence J. Robbins, Village Manager _ Dolores R. Walker, Village Clerk Mayor Privett called the Regular Meeting to order at 8:05 p.m, and asked the Clerk to call the roll, all members being present except Councilman Martin, who arrived at 8:13 p.m. Mayor Pri.vett gave the invocation and Councilman Rhodes led the Council and the public in the Pledge of Allegiance to the Flag. On motion of Vice Mayor Cadby, seconded by Councilman Rhodes, all present voting aye, the minutes of Regular Meeting held Thursday, June 8, 1972 were approved as - written. On motion of Vice Mayor Cadby, seconded by Councilman Rhodes, all present voting aye, the minutes of Community Appearance Board meeting held June 13, 1972; and the minutes of Regular Meeting of the Planning and Zoning Advisory Board held June 14, 1972 were accepted. On motion of Vice Mayor Cadby, seconded by Councilman Rhodes, all present voting aye, that we take a five ___ minute recess so that Mayor Frivett may call Mr. Eugene Potter. The meeting was recessed at 8:52 p.m. and ------ was reconvened at 9:09 p.m. On motion of Vice Mayor Cadby, seconded by Councilman Martin, all present voting aye, that the request for __ permit to perform maintenance dredging of the existing ___ navigation channel in the Intracoastal Waterway by General Portland Land Development Company dated October 25, 1971, as supplemented by letter of January 14, 1972, be denied. Mayor Privett directed the Clerk to include in the minutes of this meeting that the Council had been delivered and read the report from the Department of Natural Resources dated December 15, 1971 with regard to this dredge and fill request, and that this report shall be made a part of the minutes of this meeting. ' The reasons for denying the permit were stated by Vice Mayor Cadby as follows: The project is not in the best interest due to the possible damage to the ecology from the dredging operation; due to possible. damage to the ecology from the fill operation;-due to the additional likelihood of increased population density as a further --- result of the entire project; and possible damage to existing adjacent property. On motion of Vice Mayor Cadby, seconded by Councilman Martin, all present voting aye, that we take a three minute recess. Meeting was recessed at 9:35 p.m. and was reconvened at 9:40 p.m. ROLL CALL INVOCATION & PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES ACCEPTA~ OF MINUTES RECESS _:_- - - PERMIT Fb1Z MAINTENANCE DREDGING IN INTRACOASTAI, DENIED 12/15/71 REPORT FROM DEPT:-OF NATURAL RESOURCES . RE DREDGE & FILL REQUEST REASONS FOR DENYING __ - PERMIT - RECESS ~ 3 Minutes of Regular Meeting Held Thursday, June 22, 1972 Page 3 There being no further business to come before the ADJOURI~IENT Council, on motion of Councilman Rhodes, seconded by Councilman Slater, all present voting aye, the meeting was adjourned at 12:12 a.m. 1 Minutes recorded by: Dolores R. Walker, Village Clerk 1 1 - -' ~' State' of Florida DFPARTM~I~1T OF I~IATUI~AL RESOURCES REUnrn o•n. wsKEw Governor •RtCitA RU (D[CK)STONB • Secrclery n[ State =ROUEKT L. SF1i: VIN ' ;~ Attorney Gcner.I FRED O. DICKINSON, IR. 'ComPlrotler THOMAS D. O'MALLEY Tre.suzer DOYLE CONNER CommLa[ones of A®'leulton FLOYD T. CHRISTIAN RANDOLPH HODG&B L#ABON BUILDING / TALLAHABS68 8280{ / TBLBPHONE 8847111 ComroW WnaofF4uutioo ,~ ~ ~ $xeeut(vo DlHeloe ! w ` • ~~ ui " - 'a)1 ~r7 Y.'1'! .,L Ni:~s n F~:'.''1 ;' ~ ~ - •.. ~C ,'., 'rn>F.!; ~ , r '.. nt ~,~ December 15,19.71 la, ~ ,~' ; '' 1, et . :•~,t' •,' r r,;~l, t IY, ^ c tt. ',. .. )t 1 ,,,,, r. r~~ L a l r{j 11 l 1 i c, n<~ . . , .~ "~ ": ti 1. ~ . [~ },).L nc . ',. [,~~ G; ` c • »_ `' Mr. John DuBOSe, Director ,, ,,. t -; r-, n~._ ~ f t? Land Management Division ;,cLa:~i~,az l;r~sn~,;.c.:•_•s ~• Board of Trustees of the Internal N ;. Y a L,J*i 8 t * .it: ":^'•~ -A: " Improvement Trust Fund ~ ," . ~, ~-• '•' ~ _ ~~ Elliot Building _ • - :~[i _ _ Tallahassee, Florida 32304 •• N. •. ;~` ~ ' T.I.I.T.F. File'No. 253.123-967, Proposed Channel w .. ~ f;: ',, :• . '` Dredging, Intracoastal Waterway, Old Port Cove ~,Y';"' r "`'•" Commercial Venture, Palm Beach County '= . `: ~ Our marine biologist, Bruce Jetter, has inspected the subject , , area and reports as follows: - • ~_ • '~' "The proposed dredge area is approximately `-~~ :-' 2,800 feet long and lies east of the bridge- a~` • . r ,~;;_ at U.S. 1; the Intracoastal Waterway channel .~,. ~_~_- ' ,. 'will be dredged to -16 feet mean low water '~ ~"z with about 60,000 cubic yards of spoil pro- ~ _, ~. ' posed to be ..placed in Section 3 along Highway -. ; .~, ',+`; - ~. , A-1-A. The proposed dredge area has an • , ~. ~ '"' unvegetated bottom consisting o.f a mixture -~ ~', ` of sand, silt, and shell fragments; the ~ ~`- bottom is relativ ely ung~Qdu.ctiY~ and is _ q '~ _ _ inhabited by polychaetes and other inverte- . ; .._ ~$ _ ,~ brates. The propo~~dging of_the . ' Intracoastal Waterway channel should have ,, limited adveYSe effects on marine, biological .~ ia„ ;resources providing that siltation is con- '=f xY. i ,' tained within the dredge area and: not allowed : , ~;'~ "~, `}fir,, ' '~, to spread across the lake • into more highly • •~ i ,; ' ~' ' " ~ productive grassy bottoms.. _ •F....,~ ..• d:':c:: 5 a. i ~ 1. t, .._ tiTr•;i ~,r=, ~,1~ ;7nt t. +.ilco-•s~. ;t• .~. „ F^"'.;n i '~ - ~ f ~ " i. ...~<< %qx. , ~ . L - . ~ l . Lt?731 ~i t.): ]~ (, .•^.•.1J ~{ m.~7'`l '. ,4:~,~: ~t :. :?S. CF. . Sty: f • ~ ~ _. ~ _ _ - ~ 4(;` F~ ' . rs //-~~ t. ~7, 'a' , AOM(NISTM11Vl8ERY1C84•lNVfRONMSN~'~ ",: RARCHnMn lROTECTION •it{TiR[Ot1 R590URCII8 DiV{6.0{iA / " ~..,`~' ~ .. r^. is&C°, "nND PM NS _ yARINE _ : r ~ ~ . ' ~ r ' ~ ~ ~ . '-^e Mr. John DuBose , . • :?q . December 15,,1971 ~~~ - Page Two ~~-. `. ~. 1• . . ; - ~"The proposed spoil site is located in Section 3 '~~ ~ i + . on both sides of Highway A-1-A. That portion ~ ' ' ~ i, `: e of the spoil site west of A-1-A has had sub- _ ~ '' ^~`.. . 'merged land filled in recent years and now much ,•,:~t: • of-it has eroded with the remaining land being '~,~ :~ ~ ~'~ ` pine. The ~, vegetated mainly by Australian '' ;.~ . rernainder of this site is vegetated by other ,r` ~"'• ` native and naturalized upland species similar -, ~ `? `. in composition to the area east of the ro$d. SPOilincx west_of the_road should not._have _ ,. ,,, _ ,>r ~4~Le_~'~~~_~f~o~S on_~nar~ne biological resources "_ ~ _' .:.. , : ~ that adequate. dikes-are _cons,tructed_ provided , , - . and maintained. The shoreline .as it now exists ~''~ ',i '_`' is incorrectly shown on Sheet 2 of 3 but is _ 'v,:: ` correctly'shown on the quadrangle sheet of as that area. .. ~,• • "The portion of the spoil site .east of A-1-A .~ •SR ;~ ' ~ has areas of mostly undisturbed uplands, _- 5 ' . filled mangrove swamp, and ditched mangrove ''- swamp. The western portion of this area is -' "' vegetated with native and naturalized species ~=: . ' such as Quercus, Sabal, Smilax, and Sehinua. "' The. southeastern portion of the area is ':. ' previously filled mangrove swamp and is vege-_,~ "_ • ~ tated by Casuarina, Vinea, Opuntia, and sand- _; - , spurs. This filled swamp is not very high in ; ` '_ ?; ,•" wildlife resources as compared to•the existing _ ~ • mangrove area in the northeast .portion of this ~ ~ ;~ spoil area. The mangrove area is connected by ~; :,,•,;. `'' a 10 to 15 foot wide mosquito ditch to the `' ,,,. eastern lagoon in Section 10; there is a ; .,~ _ -'~ '` definite tidal exchange through the ditch. into the lagoon. Thi's mangrove swamp is '^ ;~ -' . ~',`'~ ` ' _ productiye._in biological resources and s o lc~ ` ` ~~ ~~,' ~ „ ll.ed; neither should the connecting , be fi not ~ : s-= `•'~ ;': _ _ irig spoiling ditch be allowed to fill in dur ` ` . operations if this site is used. •~ ~s ~ ' ~ ' ' ;~ area rmitted in the upland olina is "If p, , ~, , ,, ~~, , ,,. _ , pe ~p ~ ` ~ ~' '~ adequate dikes should be maintained to prevent "'" " ~ _ siltation into adjacent tidal mangrove swamp in ' ~ ~~ both Sections 3 and '10. Effluent from the diked ;.'k ?:~ ` ' area should not be allowed to flow into the i`??~'' shallow lagoon and mangrove area=in Section 10 ~" _ 3. or Section ~ , • ~'~. v , . ._ . ,~ .. . .. i - .. -. .' ... :.~1:. Mr. John DuBOSe :;+ ~ - December 15, 1971 .. ' <;• - ., Page Three ~ ~ .. ~ ' (~ , ` .. • *s ' • ; ~ ~ . :;, , _ '" _ , ., • ' ~~ I "An alternative to the proposed spoil site is ' , ~ suggested. The suggested area is the submerged - '.r „ , „. . , •, land adjacent to and east of the monastery _ ;~ r, ,' ~ , ,, .' seawall; the monastery is the 'north property •T,,. ~ ~. .'; ~•:. owner adjacent to Old Port Cove. The submerged ~ ;, , ., . ~_ w;,; land has been. dredged in recent years and is now ~ ~,:~~ ~ unproductive. The bottom elevations range from ` t' - ~ „ t~ ` ~' -15 feet with an anaerobic black muck 'to lesser f `.~,,, _ '~~ ~r depths with an unvegetated bottom consisting of a sand-shell mixture with a minimal invertebrate ~, r~~ ,. population. „<'.; :_ _ ,:e . x =' ~` " "Filling of this unproductive submerged land to ` ;, ~ '~ _ . .' :1 ''+ ~ • less than one foot below mean low water would :' • "" ''~ ., create a shallow flat that could be used by '~ -~~ ~~ ~ ' wildlife and also would be more susceptible to .;;_ . -:, ~ `~ ;"' revegetation by marine plants. The proposed .'-+ ;•"- ' ~'. =`; y ' ` filling would increase the probability that - 'aj 1` , ~, . ~ ". " . the submerged land would become more biologi ,,'t ~, =_ ' cally productive than it now is. Adequate ~ ~ ~ ~ ,, ~. ~ s .. ; control of siltation by 'diapers', would be ''.„ r • a' ~ ~ " _ ' required to minimize turbidity in the ' s ~ ' `~ ~ • 4. •• ` '~ .' surrounding waters. . ' ' _ ` ' ... -: > ~` - - "There appear to be a few discrepancies in the `" ;;~, ~• ' application. The perimeter dike .around the • ~,~ ' spoil area does not appear to have a sufficient . ` '~ - water retention volume due to what appears to --a:"- ' " •`~' • be a very "low height of the dike. The spoil "7 ~ ' = '- • area west of A-1-A appears too'. small for a - ` •' ' ' spoil retention area if spoil is o be pumped . ~ ..;,' in. Distances as given on Sheet 2 of 3 are ~ 4 ~ ,' ~ • incorrectly shown. Both the east and west •~ ~ ' _ ~' ~ • ' spoil sites have an extra 500 feet in the L • east-west dimension for each spoil area. - ~ • Also, the shoreline along the north shore. of ., • . the Intracoastal Waterway is 1,000 feet too ~-~•':'• .. a; '- - ~ • long. (The actual distance is about 2,000 ^ '~` '• "" feet and Sheet 2 shows it to be about 3,000 ~ • '••`'~~'_ ~ '' ~~ feet.) The proposed marina next .to U.S. 1 .. :,;.. has ~ different shape than the one applied _ - .. €o~ tired@r tl~~ E©~~~ 8~ ~ng~n~~~~ ~~~m~~ ., <. - - No. 9tl-69~. Also; the marina i~ not shown .~` '' P to connect to the Intracoastal Waterway on ' ,!_ ~ Sheet 2 of 3." . ' J t .. .v.-..v.-..n.v- _ ~ -. , •'•• .. ~. S,. _. .. e . ;,. ~. . • . :, • Mr. John DuBose °. ' ,. :+~ ' •- December 15 1971 ,t ' , 'f ., Page Four - .. ..- 4 ~ - . .. • ~• ~ ~ ~~ . y~ 4 ~..-_ t} hydrographic survey,3s not required for " A this application. .. ~~' ~~; , . - w> t " Sincerely s `,= , x • ;~;. 4 • f '.. ~1e7/' ~ v ~ ~~- .. .'; Robert A. Routa, Chief rt ~ ' , : Survey and • < ~• Management , _ ~ ~ .'. cc: Lt. R. R. Purdom ~ -w Mr. Joseph D. Carroll, Jr. ~~~' ~ and Fresh Water Fish Commission G : , ~~ ter • Eugene W: Potter . ' ~' '~- • • Mr. Peter L. Pimentel , ~ r -' v. < ..: ~ ., .. ~ . - ~ji f, i i f. -' ... •:.; = . ~ ~ ~ r= * r y r 1 ~ : r t -. :J ' : ~ ;~. _ ~_`_ " . ... ,;. ,.. , -_ ~ r I fir, :` f, - f - r •i ~ ~ ~ ~ - L ~ a[' j ` {' f: ~ ~ ~ Jr' E ep :i .. . r • ... ~ ~ ` : N ~ _ ti. 4 r a . a . - l b ' C __ . , • ., ..4 - ~, ~ .. - ~ _ .. • .. 'n, r` ~. t y ~ .. .. .. .. .. --