1992.08.25_TC_Minutes_Specialz
TOWN OF HIGHLAND BEACH, FLORIDA
•
Minutes of Meeting of Town Commission
SPECIAL MEETING
Tuesday, August 25, 1992 10:00 a.m.
Mayor Joseph A. Boulay called the Special Meeting of the Town Com-
mission of the Town of Highland Beach, Florida, to order in the
Commission Chambers at Town Hall at 10:00 a.m. Others present
were Vice Mayor Bill Paul, Commissioners Arlin Voress, Arthur
Eypel, and John F. Rand.
Also in attendance were Town Attorney Thomas E. Sliney, Town
Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, and Attorney
George Roberts of Roberts and Reynolds, P.A.
Mayor Boulay noted this Special Meeting is in response to a memo-
randum from Drexel Investments requesting a hearing regarding the
August 11, 1992 proposal (a copy of which is attached to and made
a part of these minutes) submitted to the Town.
Representing Drexel Properties were Attorney Brian Deuschle, Steve
Mehallis, and Gordon Latz.
Attorney Sliney, for the record, commented with regard to Mr.
Mangurian's July 6, 1992 letter noting it was filled with many
inaccuracies. Further, Attorney Sliney stated he found the letter
very offensive as it demeaned both Attorneys Roberts and he.
Commissioner Rand, alluding to Mr. Mangurian's letter cited above
and reiterating the fact that it contained numerous inaccuracies,
stated Mr. Mangurian's comments were out of order and the Commis-
sioner personally considered it as an affront.
Following Attorney Deuschle's detailed explanation of the propo-
sal, it was the consensus of the Commission to have Town Manager
Mariano work with Attorneys Sliney and Roberts to draft a counter-
proposal which will be reviewed by the Commission Members prior to
forwarding to Drexel Investment's Attorney Deuschle.
Upon MOTION by COMMISSIONER VORESS/COMMISSIONER RAND, Mayor Boulay
adjourned the Special Meeting at~1:20 a.m. , ~
APPROVED : _ ,C../ (}l .
Jos h A. Boulay, Mayor
Paul, Vice
1.
Town Commission Special Meeting Minutes
August 25, 1992
Page Two
A li Voress Comm'ssioneT
Arthur Eypel mmission
~'
Rand, Commissi er
A E
to : ~., ,- i 4 Ci .2 /
.~amk
r'~
u
y
f._J
LAW OFFICES
DEUSCHLE & ASSOCIATES, P. A.
BRIAN C. DEUSCHLE
CHRISTOPHER D. HALE
ILENE O. NAPP
888 SOUTHEAST THIRD AVENUE
SUITE 300
FORT LAUDERDALE, FLORIDA 33316
August 11, 1992
Mary Ann Mariano, Town Manager
Town of Highland Beach
3614 South Ocean Boulevard
Highland Beach, FL 33487
TELEPHONE (3051 763-7200
TELECOPIER 13051 522-7728
Re: (a) Dresel•Investments, Inc. v. Town of Highland Beach
Case No. 85-4341 CA (L) F (the "Density Case")
(b) Drezel Investments, Inc. v. Town of Highland Beach
Case No CL 89-11700 AD {the "Civil Ri hts Case"
Dear Ms. Mariano:
Pursuant to the instructions of my client, you will find
• enclosed an original and four copies of a Memorandum setting forth
the elements of a proposed settlement of the captioned pending
litigation.
This Memorandum is sent to you with the view of settling a
disputed matter and, accordingly, is privileged and shall not be
used in evidence in any proceeding for any purpose.
We are prepared to move forward to discuss
proposed settlement at the meeting reserved for
August 25, 1992, commencing at 10:00 a.m~~
S
BCD:js
Enclosures
cc: Mr. Steve Mehallis
(w/cc of enclosure)
George P. Roberts, Jr., Esq.
• (w/cc of enclosure)
the terms of the
that purpose on
+-.1`J
\~~,..
r~
u
MEMORANDUM
TO: Town of Highland Beach (the "Town")
FROM: Drexel Investments, Inc., f/k/a Drexel
Properties, Inc. ("Drexel")
RE: Settlement of Pending Litigation
DATE: August~ll, 1992
There is presently pending in the Circuit Court of the
Fifteenth Judicial Circuit, in and for Palm Beach County, Florida,
the following litigation:
Drexel Investments, Inc. v. Town of Highland Beach
Case No. 85-4341 CA (L) F (the "Density Case")
Drexel Investments, Inc. v. Town of Highland Beach
Case No. CL 89-11700 AD (the "Civil Rights Case")
The purpose of this Memorandum is to suggest a method of
resolving all issues pending in both the Density Case and the Civil
Rights Case, including the Counterclaim filed by the Town in
connection with the Density Case. The terms and provisions of the
of such resolution shall be set forth in a Settlement Stipulation
(the "Settlement Stipulation") to be filed in each case; the
principal elements of which are proposed as follows:
1. The Town will, by special ordinance, zone the lands
identified in the Complaints (the "Property") so that the same will
entertain a gross maximum density of 206 dwelling u Nits ,,_ ~,l~loc~te~ ~~
as follows: ~- ~(~,`t ~~..y~ = ~;.
(a) Six (6) dwelling units on the Ocean parcel;
(b) Two hundred (200) dwelling units on the Intracoastal
Parcel.
The ordinance shall also recognize that Drexel's right in and
to the zoning is vested by virtue of previous expenditures in
reliance thereon, namely, expenditures made in connection with the
installation of the sewer trunk line to service the Property and
other properties.
~` 1
` JJaI~
2. The Town agrees that upon execution of the Settlement
Stipulation, it will pay to Drexel the sum of $50,000.00 to
partially reimburse it for losses sustained as a result of the
termination of the building permits it received from the U. S. Army
Corp of Engineers and the State of Florida Department of
Environmental Regulation.
3. The Town and Drexel shall, by separate written Agreement,
in recordable form, cancel the following instruments previously
executed between Drexel and the Town:
a) Declaration of Unity of Title
b) Maintenance Access Easement
c) Parking and Access Easement
d) Encroachment Agreement;
whereupon the Town shall withdraw from and henceforth refrain from
using any of its previous rights and privileges under such
instruments.
4. The Town, in connection with the utilization of the
zoning authorized pursuant to paragraph 1 above, shall afford
Drexel the following rights and privileges which shall be
appurtenant to the Property and which shall be enforceable not only
by Drexel but by any of its successors in title:
-'` ~ (a) The Town shall permanently reserve two hundred and
six (206) sewer and water hookups in favor of the Property at no
charge.
'~~ (b) The Town shall provide building permits for the
Property at no charge.
%~•. ~ (c) The Town shall either pay or waive all impact fees
otherwise charged in connection with the development of the
Property.
(d) The Town agrees to grant such variances as may be
necessary to permit on-site drainage in connection with the
development of the property or if off-site drainage is necessary,
provide the same.
(e) The Town agrees to grant such variances as may be
necessary under any and all Town ordinances so as to authorize the
issuance of building permits to the extent of the authorized
density substantially based upon the geometrical configuration of
the buildings, parking facilities, paved areas and pervious areas
contemplated in the site plan attached to the previous Settlement
Stipulation between the Town and Drexel, dated June 17, 1980, with
the exception of the reduced density as herein set forth.
• ~`
2
. - ..
•
5. The Town shall authorize the issuance of building permits
on Lots 76 and 77 East involving variances in the State Coastal
Construction Control Line, provided that all appropriate State of
Florida agencies have first consented thereto.
6. The Town shall authorize the issuance of building permits
on the Intracoastal Parcel for dredging and filling and the
construction of a marina, provided that Drexel has first obtained
permits from the Florida Department of Environmental Regulation and
from the U. S. Army Corp of Engineers.
7. The Town shall authorize the issuance of such permits as
are necessary for the clearing of the property and the filling
thereof to grade without the necessity of the submission of a
formal site plan.
8. The Town shall execute a general release in favor of
Drexel, save and except for the rights of the Town against Drexel
as set forth in the Settlement Stipulation.
9. Drexel shall execute a general release in favor of the
Town, save and except for the rights of Drexel against the Town as
set forth in the Settlement Stipulation.
10. The Density Case shall be dismissed with prejudice, each
side bearing and sustaining its own costs and attorneys' fees.
11. The Civil Rights Case shall be dismissed with prejudice,
each side bearing and sustaining its own costs and attorneys' fees .
[Town.mem]
BCD:js
3