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.
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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.
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• 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~'
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