1986.02.27_TC_Minutes_Special• TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission r~, nt:, ,
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RECESSED SPECIAL MEETING
Thursday, February 27, 1986 1:P10 P.M.
A Recessed Special Meeting was called to order by Mayor Edward J.
Sullivan in the Town Commission Chambers at Town Hall. Also present
were Vice Mayor Mary Louise G. Blosser and Town Commissioners John J.
Basso, William A. Grier and Betty Jean Stewart.
The Mayor announced that the Recessed Special Meeting was being held
for the purpose of continuing review of the latest draft of the Clar-
ification of Settlement Stipulation dated 2/25/86 between the Town and
Teron International, Inc.
Present representing Teron International, Inc., were Lorenz Schmidt,
Vice President and Stephen Moss, Attorney.
Mayor Sullivan noted that the main points of contention were Paragraph
5 and Paragraph 12, which would be taken up prior to reviewing any
other portions of the Clarification.
• Attorney Moss also indicated that the verbage in other paragraphs had
been revised by the respective attorneys, but that the concepts were
those agreed upon by all parties. Attorney Sliney concurred in this
statement.
Attorney Moss requested that Paragraph 5 be left for discussion after
the other revisions were reviewed.
With regard to Paragraph 12, Attorney Sliney noted that the language
had been revised but was essentially the same, noting that a four
month time certain to remove any legal impediments had been added.
It was further stated by Attorney Sliney, that the burden of proof
remained with Teron. Further, it was agreed by both Attorney Sliney
and Attorney Moss that the time frames specified in the Clarification
would not be extended during any impediments alleged by Teron unless
so ordered by a Circuit Court Judge. A statement setting this fact
out will be added to the end of Paragraph 12.
Answering Vice Mayor Blosser's inquiry, it was clarified that revert-
ing to the status quo would mean reverting to the point the Town and
Teron were at presently, not the p~vious litigation.
In response to Commissioner Grier's inquiry, Attorney Sliney noted
that any third party action would most likely come about close to the
beginning of the project inasmuch as it would be harder to block the
later phases of construction.
• It was noted that with regard to Paragraph 9, line 4, a comma should
be added between the term "Town Ordinances"), and "the Clarification
• Town Commission Recessed Special Meeting
February 27, 1986
Page 2 of 4
of Settlement Stipulation".
In Paragraph 8, a sentence will be added that both parties will pay
half the cost of any third engineer required for review of the seawall
plans.
With regard to Paragraph 13, Commissioner Basso felt that language
should be added to provide that Teron "or its successors shall main-
tain said easement". Mr. Schmidt noted that he was agreeable to such
revision of language.
Attorney Sliney noted that with regard to the lst sentence of Para-
graph 8, it will be clarified that the north/south seawall will tie in
to the east/west return wall and run northward to the north property
line.
Present representing Ambassador South were Condominium Association
President Nat Pomerantz and Directors Harold Cates and Harold Cohen.
Mr. Pomerantz addressed the Town Commission noting their concern that
the return wall be specifically referred to as a seawall and further
requesting that the Town require the provision of a 100 year storm
event wall as is provided on the north/south seawall. Mr. Pomerantz
noted that as President of the Ambassador South Condominium Associa-
tion he had received a letter from Mr. Schmidt which set out certain
representations made by Teron with regard to this return wall.
Attorney Moss read the cited letter, dated 2/26/86 into the record.
One of the representations in the letter stated that although Teron
would endeavor to have DNR amend its present permit to permit
construction of a 100 year storm event return wall, this could not be
guaranteed acceptance in a timely enough manner inasmuch as the state
does not presently have criteria to judge such a seawall. Teron
indicated that it would not jeopardize its pending permit and time
frames indicated in the Clarification of Settlement Stipulation to
persue the matter. Other representations made itt the letter included
the moving of the east/west seawall 15' further north, or the.
provision of rock toe scour revetment in the return walls present
location. Mr. Pomerantz also discussed the possibility of moving the
return wall to be adjacent to Ambassador's wall. Commissioner Stewart
stated her concern that this would disturb the existing structure.
With regard to Mr. Pomerantz' request to specify the east/west wall as
a "seawall" rather than "return wall", Attorney Moss indicated that
this language was taken directly from the DNR permit.
Commissioner Grier left the meeting at 2:00 p.m. due to another
• commitment.
Asked about a commencement date on the seawall, Mr. Schmidt indicated
that he would endeavor to have the seawall begun within the 8 months
prior to issuance of his building permit inasmuch: as he would like to
be well enough along to promote sales by next season.
• Town Commission Recessed Special Meeting
February 27, 1986
Page 3 of 4
Commissioner Stewart questioned as to whether Mr. Schmidt would be
able to proceed with the north/south seawall prior to his getting
approval from the state with regard to the beach renourishment permit
as well as any requested amendments with regard to the return wall.
Mr. Schmidt indicated that he probably could start on preliminary work
on the north/south wall, but would entail the obtaining of the state
permits in order to renourish the beach at the same time the seawall
is being built. Mr. Schmidt further indicated that he could be working
on the northern end of the north/south seawall while awaiting the
permit for the amended return wall if necessary. Commissioner Stewart
noted that the DNR would possibly look at the separate permits as one
project inasmuch as they tied together, with the possibility of a new
permit number. The Clarification of Settlement Stipulation will be
revised to refer to DNR Permit PB-214 "or any subsequent permit".
A ten minute recess was taken at this point.
Substantial discussion
to Mr. Pomerantz, with
to the Clarification of
ing the representations
Attorney Moss that his
South engineers to try
matter.
took place regarding the cited letter of Teron
it being decided that same should be attached
Settlement Stipulation as an Exhibit indicat-
made by Teron. Further, it was stated by
clients (Teron) would meet with Ambassador
to work out a satisfactory resolution of this
Discussion then took place regarding the Conditional Beach Access
Easement between Teron and the owners of property in the Bel Lido
subdivision, with it being noted that the Town was not a party to
this easement even though it is attached as an Exhibit.
The Maintenance and Official Access Easement Agreement, attached as an
Exhibit was then discussed with the following revisions being agreed
to:
No. 2 will be amended to include "restoration".
No. 5 will be amended by changing the words "seven (7)" to "five (5)".
It was noted here that Paragraph 13 of the Clarification of Settlement
Stipulation would be amended to be consistent with this change.
3
With regard to Commissioner Basso's earlier concern, Attorney Moss
indicated that No. 9 herein provided that same be binding upon the
parties as well as their successors and assigns.
Mr. Irving Saunders, Chairman of the Planning Board, then addressed
• the Town Commission noting that in his opinion, the present Teron plan
was the best he had seen and urged the Town Commission's approval.
• Town Commission Recessed Special Meeting
February 27, 1986
Page 4 of 4
Mr. Schmidt then addressed himself to Paragraph 5 of the Clarification
of Settlement Stipulation, stating that he was agreeable to the Town's
requested amount of $153,600.00 for water and sewer hookup charges,
however, requested that the amount be payable within ten (10) days
after the execution of said Clarification, rather than "at the time
of" execution of the Clarification. This was agreeable to the Town.
Mr. Schmidt further requested amendment to Paragraph 8, to extend the
third sentence to include the phrase "and shall incorporate rock toe
scour revetments along those areas of the seawall which in the opinion
of Teron's Coastal engineer required such revetment" at the end
thereof.
Upon discussion, it was agreed between the attorneys that a proposed
final document could be worked out and distributed to the Town
Commission the next day, being Friday, February 28, 1986. Mayor
Sullivan stated that if the document were submitted by that time, he
would bring the matter up under his report at the Regular Meeting of
March 4, 1986 for discussion and possible vote.
• There being no further business to come before the Town Commission at
this Special Meeting, it was ad~r~ed at ~~.~n.
APPROVED:
ward J.~ fiillivan, Mayor
Mary Louise G.~Blosser, Vice Mayor
n' J~B~asso, ~ om~~sioner
William A. Grier,T ommissioner
Be y Jean Stewart, Commissioner
EST:
DATE;CL K, l ~/~~ J
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