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1987.03.16_TC_Minutes_SpecialTOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission SPECIAL MEETING Monday, March 16,1987 _10:~~ A.M. A Special Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Blosser and Town Commissioners John J. Basso, David T. Robinson and Robert F. Scholz. Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D. Williams and Town Clerk Mary Ann Mariano. Mayor Stewart announced that the purpose of the Special Meeting was to possibly authorize the filing of an action against the Palm Beach County Commission prohibiting the purchase of the Jap Rock (Milani) property. Attorney Sliney reported that the Palm Beach County Commission had taken action on March 4,1987 to purchase the Jap Rock property. Attorney Sliney discussed his proposed Complaint which has been sub- mitted to the Town Commission on March 12, 1987. It was noted that several additions had been made to the Complaint including a Motion for Declaratory Judgement to declare the action of the Palm Beach County Commission null and void. Attorney Sliney stated that the Complaint was in such form that if the Town moved to go forward, this action could be filed today. Commissioner Sholz requested a summation of the action to date on this matter. Reiterating those items contained in the Complaint, Town Manager Williams stated that the Town's first knowledge of the proposed acqui- sition was through a newspaper article. Subsequent to this article, the Town requested to be informed on any meeting wherein this matter would be a topic of discussion. One meeting was held at the Office of County Commissioner Wilken, which the Town was invited to by telephone with no written notice ever being received. Mr. Williams attended this meeting and reiterated the Town's position, again requesting notifica- tion of any meetings at which this matter was to be discussed. Mr. Williams stated that there were no other meetings to which the Town re- ceived notification, and that with regard to the March 4, 1987 Meeting, the Town was appraised only through a newspaper article. Mr. Williams attended the March 4, 1987 Meeting requesting that the County Comm- ission hold a meeting in Highland Beach to advise the residents of their anticipated plans for the property if purchased prior to any action being taken; however, the County Commission did take action and moved to purchase the property. • Town Commission Special Meeting • March 16, 1987 Page 2 of 3 Commissioner Basso noted that the study conducted by the County on the Milani property had been held until the last minute before being made available to the Town of Highland Beach. MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLO5SER that the Com- plaint for injunctive relief be filed against the County of Palm Beach and the Palm Beach County Commission with the Town Attorney being authorized to file such action this date. Under discussion, Vice Mayor Blosser questioned whether or not the Director of Recreation, Mr. Eischelman, should be named in the suit. Attorney Sliney noted that administrative officials are not routinely named in any action, only elected officials. Commissioner Robinson questioned whether County Commissioner Adams should be deleted from the suit inasmuch as he voted against the acquisition. Attorney Sliney stated that due to the fact that the Town was not seeking any monetary damages, Commissioner Adams should remain a Defendant due to his jurisdiction in the matter. A roll call vote was then taken on the MOTION, which carried unanimous- ly. (A copy of the filed Complaint is attached to these Minutes for informational purposes) At this time, Vice Mayor Blosser read into the record a letter address- ed to the Palm Beach County Commissioners from the Board of Directors of Admiral's Walk Condominium Association dated March 6, 1987, opposing the County's intention to purchase the Milani property. A copy of that letter is attached hereto and made a part of these Minutes. Vice Mayor Blosser, at the recommendation of the Town Attorney, will contact Sea Ranch Condominium in Boca Raton located on the Boca Raton/Highland Beach limits line to seek their input into this matter. Attorney Sliney then gave a brief report on the Ocean Terrace lawsuit, stating that closing arguments would be held on Tuesday, March 17, 1987 after which a ruling would be made by Judge Wessel. At this time, David Custage, President of the Highland Beach Civic League made a statement to the Town Commission as to his dealings with the Palm Beach County Commissioners on the Jap Rock matter. Attorney Sliney advised Mr. Custage that his testimony on this matter would be sought, if necesary. • • Town Commission Special Meeting March 16, 1987 Page 3 of 3 There being no further business to come before the Town Commission at this Special Meeting, it was adjourned at 10:15 a.m. APPROVED: MAYI'jR BETTY JEAN STEWART VICE,M OR MARY LOUISE G. BLOSSER MIS 'JOHN 3. BASSO OMMISSI E DA I~D~ T. RO INSON ~.C• b-~------ COMMISSI ER ROBERT F. SCHOL . ATTEST: DATE: ~ ~.~~'~7 ~G~' •