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1989.04.20_TC_Minutes_Special_- . `~. ~- ~' ---' TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission SPECIAL MEETING Thursday, A ril 20, 1989 10:00 A.M. Mayor Joseph A. Boulay called the Special Meeting of the Town Commission of the Town of Highland Beach, Florida, to order at 10:00 A.M. in the Commission Chambers at Town Hall. Others present were Vice Mayor John J. Basso, Commissioners Doris R. Rome, Marvin A. Waldman and Betty Jean Stewart. Also in attendance were Town Attorney Thomas E. Sliney, Attorney George P. Roberts of Roberts & Reynolds Law Offices in West Palm Beach, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and members of the general public. Hidden Harbor representatives attending this Special Meeting were Brian Taub and Roy E. Shaffer, Jr., Vice Presidents of Broadview Savings Bank and Sentinel Communities, Inc.; and Attorney Randee Schatz, legal counsel for Broadview Savings Bank and Sentinel Communities. Mayor. Boulay noted that this Special Meeting was called to discuss the offer of settlement proposed by Broadview Savings at the April 18, 1989 settlement conference before Magistrate Ann Vitunac. Attending that • conference were Mayor Boulay, Vice Mayor Basso, Commissioner Stewart, Town Manager Mariano, Town Attorney Sliney and Attorney Roberts who represented, and spoke on behalf of, our Town. Attorney Roberts apprised the Members of the Town Commission as to what transpired at the settlement conference which was a mediation conference attended by the parties (on a voluntary basis) to see if a settlement could be reached. Attorney Roberts discussed the following items that were areas of settlement as suggested by Magistrate Ann Vitunac: 1. Consent Agreement - Any settlement that is agreeable to all parties would be recorded with the court who would retain jurisdiction until all conditions of such settlement are met. In addition, if any disagreements are again brought before the court, the losing party would be responsible for all costs and attorneys fees. 2. The granting to Broadview the ability to continue development of their property under site plan approved by the Town Commis- sion in 1980 (346 dwelling units) for a period of five (5) years. In addition to the five (5) year period, Broadview requests the option to submit new plans and gain approval for a lower density development within nine (9) months. The Town would retain an unqualified right to reject any such plans and would further consider the extension of the five (5) years based on the percentage of density being reduced. i . -~ . `; ~~. Town Commission Special Meeting Minutes • April 20, 1989 Page 2 of 3 3. A stipulation of settlement would be that, at the time a building permit is issued, the Town would not approve water connections for any units for which a provision of water could not be made, as per conditions imposed by South Florida Water Management District. 4. As part of the settlement, Broadview would waive any claim for monetary damages in exchange for the Town grandfathering in 1980 fee schedules at any time a building permit is issued. With regard to those areas discussed, concerns were raised as to the reinstatement of a site plan for 346 dwelling units and its impact on traffic and water. In addition, Town Manager Mariano recommended compliance with the Water Impact Study Ordinance, the Xeriscape Ordi- nance and the Land Dedication Ordinance. It was also suggested that the 1985 fee schedules be offered in lieu of the 1980 fee schedules. Commissioner Rome stated she felt that most points would be agreeable to the Town Commission and should be offered to Broadview with a further review of the request for 346 units. Commissioner Stewart read a prepared statement opposing any reinstate- • ment of a site plan for 346 units and noted that 346 units translate into 692 people and 692 cars and, that 200 gallons of water per person per day is 13.8,400 gallons of water per day which adds 50,516,000 gallons to our yearly need from South Florida Water Management District. Commissioner Stewart recommended that the Town ask the court for thirty (30) days extension in which to review these matters as well as recommended that Attorney Dan Rosenbaum be retained to review the matters involved in this litigation. Commissioner Waldman concurred in the thoughts of Commissioner Stewart and expressed his concern in approving any plan for 346 units to which the Town can not guarantee water. Vice Mayor Basso also expressed concern over the number of units indicating he did not feel Broadview used any initiative in attempting to construct anything on the property. Both Vice Mayor Basso and Commissioner Waldman felt that it was appropriate for Broadview to take the next step in trying to reach a settlement by coming in with a new plan for a lower density. It was indicated that part of the nine (9) months time, as noted above, was to be used to conduct a marketing study to determine the feasibility of a lower density proposal. Town Attorney Sliney urged that the Town Commission consider all aspects of the litigation and possible legal exposure of the Town in determining those items which should be reviewed as part of this settlement. Although requested to address the matter of the proceeding and future plans of Broadview, those representatives present indicated they were not prepared to comment at this time. Town Commission Special Meeting Minutes April 20, 1989 Page 3 of 3 In answer to the concerns raised as to the number of units requested and the amount of water necessary to service 346 units, Mayor Boulay stated that no where in this settlement are we asked to guarantee the provision of water to all the units being proposed. The Mayor stated we can not give what we do not have. Attorney Roberts indicated that if the Town Commission was not in agreement with any of the suggested terms of the settlement, they should specify what terms would be acceptable in order for him to so advise the court. Attorney Roberts noted he would report the discussions of this meeting to Magistrate Vitunac on Friday, April 21, 1989. Upon MOTION by COMMISSIONER WALDMAN/COMMISSIONER STEWART, Mayor Boulay adjourned the Special Meeting of the Town Commission at 11:30 A.M. APPROVED: • ATTE Date Dor oner Marvin A~. Waldman, Commissioner Bett~r Jean Stewart, Commissioner •