1995.04.21_TC_Minutes_Special'~'` '* t
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TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
PUBLIC HEARING/SPECIAL MEETING
Friday, April 21, 1995 9:00 A.M.
Mayor Arlin G. Voress called the advertised Public Hearing/Special
Meeting to order in Commission Chambers at approximately 9:10 A.M.,
the start of the meeting delayed because of Attorney John Bryan's
detainment en route due to a traffic tie-up caused by an automobile
accident. The Mayor advised the purpose of the meeting was to
discuss and receive public comment on the following:
RESOLUTION APPROVING THE SETTLEMENT AGREEMENT BETWEEN
THE TOWN OF HIGHLAND BEACH AND HIGHLANDS BEACH REAL
ESTATE HOLDINGS, INC. REGARDING CERTAIN PARCELS OF
PROPERTY LOCATED ON STATE ROAD AlA NEAR THE MUNICIPAL
BOUNDARY WITH BOCA RATON AND DESCRIBED AS TOWN LOTS
9 AND 10 WEST AND 10 EAST.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor
Bill Paul and Commissioners Arthur Eypel, David Augenstein and John
• F. Rand were present.
Also in attendance were Town Manager Mary Ann Mariano, Town
Attorney Thomas E. Sliney and Attorney George P. Roberts, Jr., as
well as Lucia Milani, John Bryan, her attorney, and Richard Orman,
her agent.
There were no public comments, as no members of the general public
were present.
Richard Orman spoke on Mrs . Milani' s behalf , saying the final draft
of the proposed settlement agreement appeared satisfactory, noting
only the length of time the agreement would be in place remained to
be discussed and agreed upon. However, because the final draft had
just been received by them, Mr. Orman advised that he, Mrs. Milani
and Attorney Bryan had not had time to review it thoroughly and
asked for a 15-minute recess to do so. There was no objection to
this request, and Mayor Voress recessed the meeting at 9:20 A.M.
The meeting was reconvened at 9:35 A.M. and discussion continued.
With the exception of the need for a minor language amendment
[Adding "Minimum" to be the first word of (10) on page 3], Messrs.
Bryan and Orman expressed satisfaction, on Mrs. Milani's behalf, of
the final draft of the settlement agreement. The main thrust of
continued deliberation then centered on the 50-year duration of the
agreement that Mrs. Milani had requested. Mr. Bryan said this
request stemmed from her concern for her three (3) children, the
youngest of whom was now 14 years of age; she wanted to protect
their future options should they all desire to have homes on the
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Public Hearing/Special Meeting - Minutes
April 21, 1995 Paae 2 of 3
property in their retirement years or sooner. In response to this
reasoning, it was noted that the Town is not concerned with who
owns the property and/or why; rather, its concern is solely with
land use.
Discussion regarding possible negotiation of the 50-year duration
request then took place, as it was the consensus of the Commission
that a 50-year duration would be unacceptable to the Town. In
order to facilitate open discussion of this aspect among the
Commission members, as well as themselves, Mrs. Milani, Attorney
Bryan and Mr. Orman agreed to leave the Chambers voluntarily at
9:55 A.M. and to return at 10:00 A.M.
During discussion regarding the Town's possible compromise to the
50-year agreement duration, it was noted that the 10-year duration
generally stipulated in past settlements of litigation had been for
very large pieces of property. The Town Attorney advised that,
given the relatively small size of the property involved, a
compromise of 30-years duration of the agreement, in his opinion,
should pose no problem. To the concern that such a compromise
might create a precedent, Mr. Sliney replied that it could not be
precedent-setting because each settlement of litigation is
considered on its own particular merits. A 30-year duration for
this settlement agreement was then agreed upon by all of the
• Commission members.
Upon re-entering Chambers at 10:00 A.M., and being advised of the
Commission's decision, Attorney Bryan, Mr. Orman and Mrs. Milani
also agreed to 30 years as the duration of the agreement.
Because concern had previously been expressed that the Commission
was dealing with a corporation, i.e., Highlands Beach Real Estate
Holdings, Inc., Mrs. Milani was sworn in and, for the record,
stated that she was authorized as President of said corporation to
execute any and all documents on its behalf, as well as execute any
and all documents in this regard as an individual.
Mayor Voress then referred to any and all sections of the Agreement
dealing with construction east of the Coastal Construction Control
Line, noting that the Town has no jurisdiction over any property
east of this line; permits from State agencies would have to be
obtained should construction east of the CCCL be considered.
Attorney Bryan agreed, saying this was his understanding.
Concluding discussion, Attorney Thomas E. Sliney read Resolution
No. 662 into the record, entitled as follows:
A RESOLUTION APPROVING SETTLEMENT AGREEMENT
BETWEEN THE TOWN OF HIGHLAND BEACH AND HIGHLANDS
BEACH REAL ESTATE HOLDINGS, INC. REGARDING CERTAIN
PARCELS OF PROPERTY LOCATED ON STATE ROUTE AlA NEAR
THE MUNICIPAL BOUNDARY WITH BOLA RATON AND DESCRIBED
AS TOWN LOTS 9 WEST AND 10 WEST AND 10 EAST.
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Public Hearing/Special Meeting - Minutes
April 21, 1995 Page 3 of 3
MOTION to adopt the Resolution was made by COMMISSIONER RAND/
COMMISSIONER AUGENSTEIN followed by unanimous favorable roll call
vote.
Mayor Voress then called another recess at 10:20 A.M. to
accommodate Attorney Sliney's getting all necessary papers to be
executed in order, including the minor language amendment to the
Settlement Agreement ["Minimum" being the first word added to (10)
on page 3], and the appropriate number of copies to be executed.
The meeting was again reconvened at 11:40 A.M., at
Resolution No. 663 releasing restrictions on the land
upon MOTION by VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN
unanimous favorable roll call vote. Thereupon th
documents were duly executed:
RESOLUTION 662
RESOLUTION 663
GENERAL RELEASE
SETTLEMENT AGREEMENT
which time
was adopted
followed by
e following
STIPULATION FOR ORDER OF DISMISSAL WITH PREJUDICE
(by Attorneys Roberts & Bryan)
It was further noted for the record that Mr. Bryan would send an
executed corporate resolution, attesting to Highlands Beach Real
Estate Holdings, Inc. acknowledging the settlement agreement,
directly to the Town for file.
There being no further business to come before the Commission at
this time, the Public Hearing/Special Meeting was adjourned upon
MOTION by COMMISSIONER AUGENSTEIN/VICE MAYOR PAUL at 12:05 P.M.
dmt
APPROVE : ~~~`-S cif-' % -
Arlin G Voress, Mayor
Arthur Eypel, Co iss'oner
ATTEST:
DATE:
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Bill Paul, Vice Mayor
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David Augensti_ in,
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J Rand,Commissioner