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II thing as my letter, with some minor changes to the "boiler -plate". Mr. Cangianelli and I reviewed it and returned it on a timely basis. Then we got back an impressive agreement that needs some face to face negotiation. We will be available to meet with you at your convenience to discuss the document. As we discussed on the telephone, we no longer need the use of the parking lot since our steel sheets have all been installed and the balance of the cap work can be completed from the land side of the seawall. We realize that the six homes to the north of us will still need to use the lot for a period of time.We are prepared to take whatever steps are necessary to uphold our end of the agreement. I have enclosed letters from several people that were at the meeting on April 29, 1996 confirming in their own words their recollection of the meeting. I have also included a letter from attorney Thomas Thomasello who was at the Tallahassee conference with the DEP management and some copies of pictures relevant to the Summerplace seawall height. Please assure the Commissioners that we have done nothing intentionally to_ break faith with them. We are ever thankful for them allowing us to protect our homes .... and to you for your help and guidance. Sinc 1 yours, President Summerplace Improvement Association, Inc. Public Works Director Jim Davis advised that staff has reviewed the video tape taken at Summerplace on April, 1996. At that meeting, the major issue regarding the placement of the seawall was the sea turtle nesting habitat. Staff feels that the residents did act in good faith to move the seawall landward to allow as much beach as possible. It was staff's feeling, after that meeting that we would get a revision to the permit from the property owners to allow a vertical increase in the height of the wall. In addition, we understood that moving the wall back was the preferred alignment of the DEP and we concurred with moving the seawall landward as much as possible. Since that was necessary, the vertical increase was necessary, so our recommendation at this time is for the Board to approve the existing height of the Summerplace seawall, which is a 2 -tier height. The first 3-4 homes currently have a 4-6 ft. height because the sand has built up at the toe of the wall. The wall does step up a few feet along the northern eight homes. Director Davis recalled that when the Board granted permission to extend the seawall for another 6 homes two weeks ago, staff felt the height of the wall should be predicated on the height of the dune at that location. The height should rise where the dune rises or the structures will not have good foundation support. We have been working with the DEP and we feel there is harmony between the FEBRUARY 11, 1997 43 BOOK 5� FkGE ��e�