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: -- •