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1989.06.16_TC_Minutes_Special., r i . TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission SPECIAL MEETING Friday, June 16, 1989 12:~Ig Noon The Special Meeting of the Town Commission, Town of Highland Beach, Florida, was called to order in the Commission Chambers at Town Hall by Mayor Joseph A. Boulay at 12:04 noon. Others present were Vice Mayor John J. Basso, Commissioners Doris R. Rome, Marvin A. Waldman and Betty Jean Stewart. Also in attendance were Town Attorneys Thomas E. Sliney and David K. Friedman, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals, Attorney Daniel S. Rosenbaum of Becker, Poliakoff & Streitfeld representing the Town of Highland Beach and Braemar Isle Condominium Association, Inc., and members of the general public. Mayor Boulay noted that this Special Meeting was called for the purpose of discussing the Boca Highland Litigation. Attorney Rosenbaum, Co-counsel for the Town and the Braemar Isle Condominium, addressed the Town Commission and stated that this is a favorable day for the Town and Boca Highland folks because of this • opportunity to bring to a mutually successful resolution litigation that has been on-going since 1987. Attorney Rosenbaum noted that Counsel for both sides have worked together to prepare the draft settlement agree- ment which was distributed in advance of this Special Meeting to the Town Commissioners for their review. In explaining the draft settlement agreement, Attorney Rosenbaum noted that the Braemar Isle Condominium Association law suit against Boca Hi, Inc. would be settled as part of this package. Attorney Rosenbaum stated that with regard to the 28 single family residences, the agreement would indicate a 45' height which is to be measured from the slab up; the oceanfront parcel will have a lesser height that will be measured in the same manner. The specifics, continued Attorney Rosenbaum, are set forth in Exhibit B; Exhibit A with the legal descrip- tion will be submitted shortly by Mr. Delaney. To sum up the agreement, said Attorney Rosenbaum, this is a good day for the Town and a good day for Boca Hi--we look forward to 28 beautiful homes that would sell for a large figure, in the near future; it would be a real asset to the Town when completed. We urge the Town Commission to approve the settlement subject to whatever clarification the Counsel may mutually make together in the next week or so. Town Attorney Sliney advised that the Counsel for both sides spent considerable time on this agreement which is a very good agreement to end a very lengthy piece of litigation for the Town; the "envelope" is very favorable and the Town should accept this agreement subject to modification that Counsels would mutually agree to. ~r . - ~. Town Commission Special Meeting Minutes June 16, 1989 Page 2 of 2 Following discussion, it was the consensus of the Town Commission that the draft settlement agreement was favorable. COMMISSIONER WALDMAN/VICE MAYOR BASSO MOVED to approve the settlement agreement as approved by Counsel for both sides with stipulations that were made so far. A roll call vote resulted as follows: Commissioner Stewart "AYE" Commissioner Rome "AYE" Commissioner Waldman "AYE" Vice Mayor Basso "AYE" Mayor Boulay "AYE" Upon MOTION by COMMISSIONER WALDMAN/COMMISSIONER STEWART, Mayor Boulay adjourned the Special Meeting of the Town Commission at 12:10 P.M. APPROVED: Jose h A. Bou ay, Mayo n ~,l' Basso, Vide Mayor • ATTE Date Doris R. kome; Commissioner ~~~u~ Mar in A. Waldman, Commissioner Bet Jean Stewart, Commissioner •