1986.02.20_TC_Minutes_Speciala
TOWN OF HIGHLAND BEACH, FLORIDA
• Minutes of Meeting of Town Commission
~~. s
,:,F:~'
~__t
RECESSED SPECIAL MEETING
Thursday, February 20, 1986 10:00 A.M.
A Recessed Meeting was called to order by Mayor Edward J. Sullivan 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 purpose of this meeting was to continue
review of the Clarification of Settlement Stipulation between the Town
and Teron International, Inc. (Royal Highlands). Present representing
Teron were Vice President Lorenz Schmidt, Attorney Stephen Moss and
Diane DuPoy.
The meeting opened with Attorney Sliney recommending that the best
procedure to use would be to review the February 13, 1986 draft from
Paragraph 1 forward. Any matters of contention could be discussed and
possibly resolved when the respective paragraphs are reviewed.
• Mr. Schmidt noted that he felt that only two matters were still being
contended, ,those being Paragraph 5 relating to sewer and water hook up
fees, and Paragraph 13, relating to third party intrusion. Mr.
Schmidt also noted that Teron was going to submit a language change
regarding Paragraph 12, but the change was not substantive.
Mr. Nat Pomerantz, President of Ambassador South Condominium Associa-
tion was present and noted that their concern regarded the void beyond
the Coastal Construction Control Line at the north end of the Ambassa-
dor South property. Mr. Pomerantz also requested information regard-
ing any cost which might be associated in Teron's offer to render a
quit claim deed to the 15' encroachment being utilized by the
Ambassador South garage. With regard to the second request, Mr.
Pomerantz was advised to discuss this matter with his condominium
attorney. Mr. Pomerantz' first concern was not resolved at this
meeting.
Substantial discussion took place, with a lunch recess being taken
from 12:05 until 1:40 p.m. and two short recesses also being taken.
Commissioner Grier did not return to the meeting following the lunch
recess. The following matters were taken up.
With regard to Paragraph 5, it was the Town Manager's recommendation
that Teron pay the amount of $156,300 for water and sewer hook up
charges, based on the fact that original amounts paid had not been
• paid to the Town, but to the developer under the guise of the sewer
company. Mr. Schmidt felt that Teron should only pay the difference
Town Commission Recessed Special Meeting
• February 20, 1986
Page 2 of 4
in fees from then until now, amounting to $126,300. Mr. Schmidt.
further stated that although Drexel (the original owner) paid the fees
to Drexel (as the sewer company), the Town benefitted from the sewer
system and therefore the additional sum is not justified. Mr. Schmidt
also stated that Teron would be willing to pay the $126,300 with 25%
being paid at the signing of the Clarification of Settlement Stipula-
tion and the remaining 75°s to be paid along with the building permit
fees. Attorney Sliney noted that historically there have been pre-
payments made by developers in the past and felt that this money
should be paid in advance. Commissioner Stewart gave a brief history
of the establishment of the original sewer system by Drexel for the
benefit of those not familiar with same. Attorney Sliney noted that
there were other matters within the Clarification which Teron wanted
to negotiate, and that perhaps this paragraph be addressed later as a
negotiable item.
Commissioner Basso stated that he was against this project and did not
want to comment extensively on same. Commissioner Basso also voiced
his objection to the Building Official being the final determining
official to approve the working drawings. Commissioner Basso felt
that the Town Commission should not relinquish its responsibility to
• an appointed official, further stating that he wanted to see the Town
receive more benefits with regard to the entire project.
With regard to Paragraph 7A, language will be included to prohibit any
"accessory structure" to be erected on the roof as requested by Vice
Mayor Blosser.
As to Paragraph 6, Commissioner Stewart wanted assurance that the Town
was not waiving its right to have the plans reviewed by agencies i.e.
fire department, state, etc. Attorney Sliney, as well as Mr.
Sutherland noted that this would only pertain to Town boards and not
other state or county agencies. Commissioner Basso noted that he felt
the Town's hands were being tied on this matter. Language will be
considered to acknowledge the fact that other agencies, besides town
agencies, might be requii2d to review and approve any submitted working
drawings.
Also with regard to Paragraph 6, substantial discussion took place
regarding the requirements for approval of seawalls, and the words
"and seawall plans in order for Teron to receive all requisite Town
permits" will be replaced with the words "in order for Teron to
receive all requisite permits, except as provided in Paragraph 8".
Reference will be made in the Clarification of Settlement Stipulation
that Teron will be required to comply with all of the Town's Code of
Ordinances in addition to Ordinance No. 503 and other cited documents.
. With regard to the submission of seawall plans, Chapter 21 of the Town
Town Commission Recessed Special Meeting
February 20, 1986
Page 3 of 4
Code will be cited specifically.
In the fourth paragraph of Paragraph 8, the hypothetical example will
be omitted.
It was noted that Paragraph 9 should be the appropriate place to cite
the Town's Code of Ordinances, requiring compliance.
With regard to Paragraph 10, the Town Clerk noted that at the last
meeting reference was made to not extending the construction time
frame regarding revisions being required by the Town and submitted by
Tenon, rather than not extending the two months time frame allowed to
the Town for review of the plans. It was the consensus of the Town
Commission that this paragraph be left as is to accellerate the review
process by the Building Official.
With regard to Paragraph 11, the Town Clerk noted that this paragraph
should be amended to require permit fees in the amount in effect at
the time the permit is issued rather than those in effect at the time
of the signing of the Clarification of Settlement Stipulation.
• With regard to Paragraph 12, proposed language was submitted by
Attorney Moss, citing relief from any third party intrusion by
injunction or other declaratory judgement, which will be reviewed and
discussed after the Town Commission has had an opportunity to review
same.
The matter of fees were again discussed, with a recommendation being
made of considering acceptance of the $126,3010 figure paid totally in
advance, or the amount of $156,300 being paid with percentages now and
at the time of issuance of permits. The Finance Department will be
requested to work up the figures on this matter prior to any further
discussion and determination.
It was noted that the matter of fees as well as the proposed changes
to Paragraph 12 were still areas of contention to be resolved.
•
Prior to recessing this meeting, Commissioner Stewart noted her
support for the Town Manager's position regarding a recent memorandum
relating to solid waste fees.
This Recessed Special Meeting was again recesse,,~l-rte 4:25 p.m. until
February 27, 1986 at 1:00 p.m. ,•~""'1 ~ ~~ „
s
APPROVED:
Ed war
/~,~1/li~Van, Mayor
Mar~uise ~: Blosser, Vice Mayor
Town Commission Recessed Special Meeting
. February 2g, 1986
Page 4 of 4
oh~-f J. basso, Commi~i~/ner
William A. Grier, Co~nissioner
Bet Jean Stewart, Commissioner
ST:
OW CL R
DATE: --
•