2005.08.05_TC_Minutes_SpecialTOWN OF HIGHLAND BEACH, FLORIDA
MINUTES OF TOWN COMMISSION MEETING
SPECIAL MEETING
Friday, August 5, 2005 10:00 A.M.
Mayor Harold R. Hagelmann called the Special Meeting to order in Commission
Chambers at 10:00 A.M. stating its purpose was as follows:
CONSIDERATION OF LUXURY DEVELOPERS LLC VOLUNTARY DISMISSAL,
WITH PREJUDICE, THEIR CASE NO. 502005CA000695XXXXMBSD AGAINST
THE TOWN OF HIGHLAND BEACH.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Joseph J. Asselta, and
Commissioners Rachael Scala-Pistone, Miriam S. Zwick, and Jim Newill, CPA, were
present.
Also present were Town Attorney Thomas E. Sliney, Attorney Larry Corman and Town
Manager Dale S. Sugerman, as were members of the general public.
• Attorney Larry Corman advised the only action the Town could take had the suit
proceeded and the Town prevailed, would be requesting the Judge to award attorneys'
fees, which historically would be very unlikely.
He replied to Commissioner Zwick's question regarding the phrase "with prejudice" to
mean that the suit cannot be re-instituted; Luxury cannot invoke the Bert Harris Act
against the Town again.
Mr. Corman noted that both he and Town Attorney Sliney were of the opinion that it
would be a good business decision on the Town's part to accept this proposal and be
done with the litigation. Mr. Sliney further noted that this is not a settlement per se, and
it was important not to characterize it as such. Rather, this was an agreement wherein
the Town was accepting Luxury's proposal in exchange for not making a claim for
attorneys' fees.
MOTION by COMMISSIONER ZWICK/MAYOR HAGELMANN was made as follows.
Roll call met with unanimous favorable vote:
THE TOWN COMMISSION AGREES TO ACCEPT LUXURY'S PROPOSAL, WITH
PREJUDICE, AND AGREES NOT TO PURSUE ATTORNEYS' FEES OR O T HER
COSTS. EACH PARTY WILL BEAR THEIR OWN ATTGRNEYS' FEES AND
COSTS.
Minutes of Town Commission Special Meeting
August 5. 2005 Page 2 of 2
Town Manager Sugerman advised the property was zoned RMH (16 units per acre), and
at 1.71 acres, 27.36 units could be developed, with a 50' maximum height.
There being no further business to come before the Commission at this time, Mayor
Hagelmann adjourned the Special Meeting at 10:40 A.M. upon MOTION by
COMMISSIONER NEWILL/COMMISSIONER ZWICK.
dmt
•
Attest:
APPROVE:
Miriam S.
Jim Newi
1'O -~- ~/ U ~5
'A, commissioner
Rachael Scala-Pistone, Commissioner