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1986.02.10_TC_Minutes_Special. TOWN OF HIGHLAND BEACH, FLORIDA -7 Minutes of Meeting of Town Commission -;... ~,' RECESSED SPECIAL MEETING ~ ~' .~,:r Monday, February 10, 1986 10:00 A.M. A Recessed Special Meeting was called to order by Mayor Edward J. Sullivan at 10:15 a.m. in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Building Official Bruce Sutherland; and Town Clerk Mary Ann Mariano. Mayor Sullivan noted that the meeting was for the purpose of continu- ing review of the proposed Clarification of Settlement Stipulation between the Town and Teron International, Inc. (Royal Highlands). Present representing Teron were Lorenz Schmidt, Vice President; Stephen Moss, Attorney and Diane DuPoy, Assistant. It was the consensus of all parties to continue from Paragraph 9 for- ward to determine any matters of contention prior to reviewing • previous paragraphs. The draft reviewed today was that dated 2/3/86. Attorney Moss, representing Teron, noted that he had drafted several proposed changes which had been submitted to Attorney Sliney late Friday afternoon. Those dealing with Paragraph 9 on would be pointed out at this meeting. With regard to Paragraph 9, and throughout the Clarification of Settlement Stipulation, it was noted that the terms "plans", "building plans", "final plans", etc., should be changed to read "working drawings" for consistency. The attorneys will define the plans appro- priately throughout the Clarification of Settlement Stipulation. Attorney Moss recommended a change in language of the 2nd sentence in Paragraph 9 which would end this sentence with the words "Highland Beach Ordinance 503". A new sentence would then be added to read: "The provisions of Highland Beach Ordinance 503 as enacted September 11, 1984 and in effect on the effective date of this Clarification of Settlement Stipulation shall be in effect when they are not in conflict with the Clarified Site Plan or the Clarification of Settlement Stipulation". It was the opinion of the Town that the exception should be included in the same sentence and not separated. Attorney Moss noted that. he was in agreement as to the governing documents and that the attorneys would work out appropriate language acceptable to everyone. With regard to Paragraph 10, on line 6, the sentence in parentheses was amended to read "(Such working drawings shall include design and locations of dune walkovers.)". • Town Commission Recessed Special Meeting February 10, 1986 Page 2 of 4 On line 1PJ, within the parentheses, the following words will be added: "with Teron to submit such change within 10 working days". It was pointed out that any revisions required would not affect the time frames as set out in the Clarification of Settlement Stipulation. Also within Paragraph 1Pl,line 12, the Town's Building Code as set forth in Chapter 7 as well as the Coastal Construction Code as set forth in Chapter 31 will be cited requiring compliance. Commissioner Stewart recommended that the entire Code of Ordinances of the Town of Highland Beach be cited to require compliance rather than singling out individual chapters. Also, this paragraph will be looked at with a view toward breaking down the sentences for clarity. Line 13 of Paragraph 10 will be reworded to note that "Teron is to pay the "building permit" fees...". It was noted that exact figures on permit fees could not be determined at this point as they are based on valuations. Further with regard to Paragraph 10, Attorney Moss suggested new lan- guage as to any penalties which might be levied by the Town should • Teron default with regard to their "substantial completion" date. Attorney Moss suggested language which would only require the payment of the equivalent of what new building permits would cost and to be issued new building permits. Attorney Moss indicated that Teron had already given up their rights to two 90 day extensions as permitted in the Code and should not be further penalized. Mr. Williams felt the penalty should reflect 3 or 4 times the building permit fees in effect at the time of default. Mr. Schmidt pointed out for the information of the Town Commission that the .seawall would be the first step, with the sand being moved from west to the east of the seawall. Then a piling and grading operation would commence across the entire site and construct the entire site up to the point of the pavillions. The north superstruc- ture would then be constructed, after which the south superstructure would be constructed. Concern was expressed by the Town Commission regarding the matter of "substantial completion" within two years, noting that the only re- quirement under the definition of "substantial completion" was for a hollow shell with no interior work done. Commissioner Stewart noted that the question that faced the Town was what amount of a fine should be levied to go from a "substantially complete" building to a C/O'd building, noting that the Clarification only addressed the building to the point of "substantial completion". Although the Town Code stipu- lates that after substantial completion, due diligence must be • exercised in continuing the project, it was felt that "due diligence" was a very loose term and could not be defined at this point by the • Town Commission Recessed Special Meeting February 10, 1986 Page 3 of 4 Town Attorney. Commissioner Stewart felt that there should be some time provision tied to the C/O being issued. Mr. Schmidt noted that the construction of this building was complicated and therefore, time frames could not be estimated with regard to issuance of the C/0. Mr. Schmidt also noted his intention to get the building completed as soon as possible. Attorney Moss took exception to the C/0 time frame requirement even being considered, as this had not been done in past practice with regard to other properties in Town. Attorney Moss felt that this would be discriminatory against his client, noting that a penalty provision would be an appropriate matter for discussion. A recess was taken at this point. Attorney Moss noted that the penalty provision could be coupled with going to court should Teron be granted any extensions should "substantial completion" not be accomplished within 2 years. The Town Commission felt that this matter should be addressed in the Clarifica- tion of Settlement Stipulation. As there was no agreement reached on • Paragraph 10 regarding penalties, the Town Attorney suggested that the Town Commission continue forward and re-address this matter at a later time. With regard to Paragraph 11, this will be amended to reflect the building permit fees effective at the date such permits are issued, rather than those effective at the date of the Clarification of Settlement Stipulation. It was noted that in Line 11 of Paragraph 12 the work "returns" should read "retains". The Town Manager noted that the 2nd half of Paragraph 12 was inserted to state a mechanism by which appeals for extensions could be made. It was the consensus of the Town Commission, as well as the Town Attorney, that subsection (1) of Paragraph 12 be elimina- ted inasmuch as it implied that the Town might not act in good faith. Vice Mayor Blosser noted that Teron should begin the proces of obtain- ing their DOT permit for the proposed turn-off lanes. Mr. Schmidt noted that there were extensive permits which would be submitted to the Building Department within the 6 month time frame being utilized for the submission of the working drawings. With regard to Paragraph 13, it was noted that the words "(or equiva- lent)" had been added as "turf block" was a brand name. Responding to Vice Mayor Blosser's question, Mr. Schmidt noted that a • hedge fence would be placed between the 2 south easements. Town Commission Recessed Special Meeting February 10, 1986 Page 4 of 4 L~ It was noted that Paragraph 14 dealt with parking "areas" general rather than the screening of the parking garage specifically. With regard to Paragraph 15, Commissioner Basso felt this was repetitious to provisions listed in Paragraph 12. Attorney Moss felt that this paragraph had been passed on previously and that the matters of contention should be addressed at this time. Attorney Sliney also stated that he felt that this Paragraph was superfluous. The Town Manager noted that Paragraphs 16 through 23 were standard statements as to the authorities to execute the document and other general items. Pursuant to Commissioner Grier's request, actual certified copies of Resolutions from both the Town and Teron authoriz- ing the respective parties to execute this document would be provided. It was noted that Attorneys Moss and Sliney would meet prior to the Town Commission meeting again to work on revisions agreed to today. Mr. Schmidt expressed concern regarding Paragraph 14 dealing to the criteria required for the parking areas inasmuch as the Community Appearance Board had alrady given its approval to the plans. The Town Commission felt sure that the CAB would not have given approval if Mr. Schmidt had not complied with these requirements. At 12:50 p.m., this meeting was recessed until Thursday, February 13, 1986 at 10:00 a.m. ,-. APPROVED: . ATTEST: TOWN C RK • DATE : ~ _ -~ oner Beth Jean Stewart, Commissioner