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1985.08.06_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, August 6, 1985 1: 3P! P.M. The Regular Meeting of the Town Commission was called to order by Mayor Edward J. Sullivan at 1:3f6 p.m. in the Town Commission Chambers. Also present were Vice Mayor Mary Louise G. Blosser, and Commissioners Betty Jean Stewart and John J. Basso. Commissioner William A. Grier was absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Mariano: citizens and the general public. After the Roll Call, Mayor Sullivan welcomed the residents to the meeting and the Pledge of Allegiance was given. Approval of Minutes: June 25, 1985 - Workshop Meeting July 2, 1985 - Regular Meeting July 17,1985 - Workshop Meeting re Budget The above Minutes were submitted for approval. Vice Mayor Blosser noted that she had several corrections which were merely typographical and clarifications, however noted no reason to delay the approval of same. MOTION by COMMISSIONER BASSO/COMMISSIONER STEWART was made to approve the Minutes, which MOTION carried unanimously. Public Comments and Requests: Mr. Michael Dent addressed the Town Commission stating his opposition to the County Commission's proposed plan to acquire property in Highland Beach for use as public parks. Mr. Dent noted that Mr. Custage, President of the Highland Beach Civic League was organizing a public meeting, and suggested that the Town Commission consider the holding of a public hearing to gain citizen input into the County's proposal. REPORTS - TOWN COMMISSION: Mavor Edward J. Sullivan: A discussion regarding the County Commission's proposed acquisition of property within Highland Beach for public parks was had. Attorney Sliney noted his written opinion, dated August 1, 1985 and attached to these Minutes, which stated that the County would have to apply to the Town for a rezoning request or Special Exception inasmuch as the Town • of Highland Beach has no property zoned for park purposes. It was the consensus of the Town Commission that the County might not be aware of the peculiarities of the zoning within Highland Beach and MOTION was Town Commission Regular Meeting August 6, 1985 Page 2 of 9 made by COMMISSIONER BASSO/COMMISSIONER STEWART that the Town Attorney write to the County, stating the Town's position on this matter. This MOTION carried unanimously. The Mayor stated that Mr. Tony Allerton was seeking people to head a Community Chest Drive in Town and that anyone interested should contact Town Hall for further information. Mayor Sullivan reported on the State Ethics Commission's intention to gather information about the advisory boards in Town to attempt to cut down on those board members now required to file Financial Disclosure Forms. An informational questionaire received from the Florida League of Cities is in the process of being answered. The Mayor reported that an increase in dumping fees by the County with regard to the garbage pick-up was anticipated, which increase was expected to be between $2.00 and $11.00 per ton. The Town Manager will devise a formula to pro rate any increase among the dwelling units in Town to cover this increase, noting that there were presently 3444 residential units in Highland Beach. Vice Mayor Mary Louise G. Blosser: The Vice Mayor noted an article in The Monday Paper regarding the recent passage of the Growth Management Plan, which the Town Attorney is studying and will report on at an early date. Vice Mayor Blosser thanked the Greening of AlA Committee (now function- ing through the CAB) for their submission of statistics regarding that committee's activities. Commissioner John 3. Basso: Commissioner Basso reported on the status of the Highland Beach/Delray Beach Sewer Issue, noting Greeley & Hansen's final report. The Town Manager noted that in accordance with the Town Commission's directive, he attempted to tender a check in the amount of $160,000 in accordance with the court`s order, which check had again been refused by Delray Beach. In discussing the matter, it was noted that the Delray Beach City Council might not be aware that this matter had been mediated and no further negotiations were possible. MOTION was made by COMMISSIONER BA5S0/COMMISSIONER STEWART that the Town Attorney write a letter to the Mayor and City Council of Delray Beach noting this fact and the fact that the Town of Highland Beach had unsuccessfully attempted to tender the check twice. This MOTION carried unanimously. The Town Manager • noted that it was the position of the Delray Beach Assistant City . Town Commission Regular Meeting August 6, 1985 Page 3 of 9 Attorney, Barbara Hall, that until the City Council of Delray Beach accepted the report as final, none of the included timetables started to run regarding repayment or interest. The Town Manager will attempt to get this position from Delray Beach in writing. Commissioner William A. Grier: Absent. Commissioner Betty Jean Stewart: Commissioner Stewart read a memorandum suggesting a method by which to estimate the tonnage of garbage and trash collected by County Sanita- tion. Commissioner Stewart requesteed the Town Manager to contact the DOT in an attempt to have the right-of-way mowed. Further, Commissioner Stewart suggested that the Town Manager send out a form letter to residents reminding them of the manner in which to bundle limbs which have recently been left on the right-of-way for pick-up. • Commissioner Stewart reported that a personnel questionaire had been distributed at the Water Treatment Plant and was expected to be return- ed at an early date. A meeting to view the Munis Software System at a local computer store in Boca Raton is tentatively scheduled for August 8, 1985. The Town Manager was requested to notify the Financial Advisory Board regarding this meeting. Commissioner Stewart requested that a memorandum regarding a July 27, 1985 meeting at the Water Treatment Plant between a staff member, the Mayor and herself be attached to these Minutes for information. Discussion again ensued regarding methods by which tonnage could be measured to determine amounts of garbage being collected in Town. The Town Manager will study this matter further and seek a way to determine this fact. REPORTS - TOWN ATTORNEY: The Town Attorney reported that the Planning Board was holding a Special meeting on August 7, 1985 to review the Royal Highlands plans. Mr. Sliney reporting that Citicorp had been allowed to join the Boca Highland lawsuit, and that a response to their Brief was now being • prepared for submission to the Court. Town Commissio Regular Meeting August 6, 198 Page 4 of 9 With regard to County Sanitation, a proposed Addendum incorporating the items as directed by the Town Commission at its July Workshop Meeting was submitted. Mr. Sliney noted that inadvertently, the single family rate had been ommitted and would be added, as would a formula by which to calculate tipping fees. Also to be included was a consensus by the Town Commission to calculate the CPI as of June of each year. Inasmuch as this matter does not have to be approved until the September Regular Meeting, the amended Addendum will be reviewed again at the August Workshop Meeting. REPORTS - TOWN MANAGER: The Town Manager referred to a memorandum which requested the Town Commission's consideration of two administrative policy changes, the first of which was to prohibit accrual of vacation time, providing that all vacation time be taken in the year in which is it accrued. The second change was the elimination of the present "over-the-maximum" salary increase policy. It was noted that both of these changes had been considered during the last budget discussions, however, no formal action had been taken on either. MOTION was made by VICE MAYOR BLOSSER/ COMMISSIONER BASSO to approve both of these policy amendments. This • MOTION carried unanimously. Mr. Williams reported that advertising for the sale of the Mercury Cougar automobile was being placed to solicit bids until August 27, 1985 in accordance with the directive given by the Town Commission. The Town Manager will report on the bids received at the August Workshop Meeting, with possible action to accept a bid at the September Regular Meeting. The Town Manager reported on his attending the Beaches and Shores session of the Area Planning Council Seminar in West Palm Beach with regard to the recent passage of the Growth Management Bill. Mr. Williams noted that the DER and DNR were reevaluating the location of the Coastal Construction Control Line, upon request, throughout the State. Mr. Williams did not think that it would be advantageous for the Town to request such evaluation, inasmuch as the Coastal Construction Control Line had been set 3Plg feet west in some instances. Mr. Williams reported that with regard to recent newspaper reports indicating his failure to file a Financial Disclosure Form, during the 1984 calendar year, the year reported, the law required filing either in the County of employment or County of residence. During that reporting year, he both lived and worked in Hillsborough County, the County in which his Financial Disclosure had been filed since May of • 1985. Town Commission Regular Meeting August 6, 1985 Page 5 of 9 Mr. Williams noted that the two ordinances necessary for the adoption of the 1985/86 Fiscal Year Budget would be given first reading today. Upon question by Commissioner Basso, Mr. Williams reported that a hearing had been held in Boca Raton regarding the rezoning of property located adjacent to the Town's wellfields. It was noted that the Town had an interest, inasmuch as zoning which would allow any chemical developments would be detrimental to the existing wellfields. The Town will write a letter to Boca Raton stating their position on the matter and further requesting that any development granted in the area be subject to approval by the South Florida Water Management District. It was noted during this discussion that the Town had developed substantial background with regard to the wellfields and that the Town Manager should approach Camp Dresser & McKee, the Town's engineers, with a view toward considering a reduction in cost to evaluate the Town's wellfields as part of the overall proposal made by CDM at an earlier date. Also discussed was the Town Manager's setting of a meeting with Mr. Zemel, the proposed independent expert on the Town's Water Treatment Plant, with Dr. Singley as Co-consultant, due to his expertise in spyractor plants. Mr. Williams will try to set this meeting during the week of August 20, 1985, at a time convenient to the Town Commission. Responding to a question by Mayor Sullivan, Attorney Sliney noted that the 90-day time limit given by the Court in which to come to an amicable solution with regard to Royal Highlands expires on September 15, 1985. The Town Attorney further noted that if no agreement is reached between the Town and Royal Highlands, that the matter would again be scheduled on the Court calendar for hearing. Regarding the status of the recent monitoring well installation, Mr. Williams noted that an inspection had been done on July 30, 1985, however, no reports had been given yet and would be transmitted to the Town Commission, as soon as received. REPORTS - BOARDS AND COMMITTEES: (a) BOARD OF ADJUSTMENT - Alternate Member vacancy. MOTION was made by COMMISSIONER BASSO/VICE MAYOR SLOBBER to appoint Raymond Masciarella to the Board of Adjustment as an Alternate Member for the term of one year. This MOTION carried unanimously. (b) CODE ENFORCEMENT BOARD - No meeting until September. Town Commission Regular Meeting August 6, 1985 Page 6 of 9 (c) COMMUNITY APPEARANCE BOARD - Will meet on 8/29/85. One Regular Member vacancy. CommissionerStewart noted that this was a particularly bad time to make appointments, inasmuch as many residents were away on vacation and further, that no recommendations had been given by any of the Boards regarding possible appointments. Commissioner Basso noted that the various Boards should be made a part of the interview process, prior to any appointments being made. Dr. Schiff, Chairman of the Board of Adjustment, addressed the Town Commission, noting that he felt that the Town Commission was not seek- ing any influence by the Boards with regard to appointments or he would have participated in the interview process and felt that the Town should have a set policy for all the Boards, being consistent in their procedure. Vice Mayor Blosser noted that the procedure for appointments had been studied approximately two years ago, with no definite decisions being made. Although the Town Manager expressed his view that the applicants should be interviewed and appointed by the Town Commission, inasmuch as they reported to the Town Commission, it • was the general consensus of the Town Commision that the various Board Chairmen be advised of any potential members and be invited to participate in the interview process. Dr. Schiff also expressed his concern regarding the six-year time limitation on Boards, noting that an Alternate Member who is appointed as a Regular Member would not be allowed to serve two three-year terms as a Regular Member. Mayor Sullivan noted that the Town Attorney had been requested to render an opinion on this. Attorney Sliney noted that a literal reading of the Code would include Alternate Members in this category and that the Town Code should be amended with regard to all the Boards to alleviate this problem. With regard to the vacancy on this Board, the Town Commission will await a recommendation from the Community Appearance Board, prior to taking any action. (d) FINANCIAL ADVISORY BOARD. Noting the Resolution to be considered today to expand the membership, as well as the duties of the FAB, Mr. Reese James, Chairman, endorsed the appointment of recently interviewed Talent Bank Applicant Richard Brunton. (e) LIBRARY BOARD - Will meet on 8/13/85. (f) PLANNING BOARD/LOCAL PLANNING AGENCY - One Regular Vacancy. 8/7/85 - Special Meeting re Royal Highlands 8/14/85 - Regular Meeting 8/21/85 - Special Meeting re Boca Hi Town Commission Regular Meeting ,• August 6, 1985 Page 7 of 9 Regarding the existing vacancy, Vice Chairman Mrs. Rome addressed the Town Commission, indicating that the Planning Board was considering this matter at its 8/7/85 Special Meeting and would transmit their recommendation to the Town Commission thereafter. (g) POLICE ADVISORY BOARD - No meeting until September. One Regular Member Vacancy. PROPOSED ORDINANCES AND RESOLUTIONS: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING CHAPTER 15, ENTITLED "LAND CLEARANCE" BY THE ADDITION OF A SECTION ENTITLED "ACCUMULATION OF DEBRIS ON LAND OR RIPARIAN AREAS - PROHIBITED". This matter was read by title only by Mayor Sullivan. This proposed Ordinance will be discussed at the August Workshop Meeting for possible adoption at the September Regular Meeting. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA TO EFFECT A TAX LEVY BASED UPON THE 1985 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROPRIATING FUNDS FOR THE FISCAL YEAR 1985-86, BEGINNING OCTOBER 1, 1985 AND ENDING SEPTEMBER 30, 1986. The above two proposed Ordinances were read by title by Mayor Sullivan and will be the subject of upcoming hearings and the August Workshop Meeting, with possible adoption at a Special Meeting to be held on September 24, 1985, in conjunction with the September Workshop Meeting. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING RESOLUTION N0. 457 (Financial Advisory Board). This Resolution was read in full by Mayor Sullivan. Vice Mayor Blosser noted her concern that Items 2, 3, and 4, of the duties encompassed within the Resolution (relating to wage and salary schedules, employee benefits, and purchasing) might only be applicable to this current year and thought they should be eliminated. It was the consensus that although these matters may only need study from time to time, they should remain in the Resolution. It was further noted that this Resolution expanded the FAB to five Regular Members, rather than three Regulars and one Alternate Member. MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLO5SER to adopt the Resolution. The MOTION carried unanimously. • • Town Commission Regular Meeting August 7, 1985 Page 8 of 9 MOTION was then made by COMMISSIONER STEWART/VICE MAYOR BLOSSER to appoint Richard Brunton as a Regular Member to the Financial Advisory Board for a term of three years. This MOTION also carried unanimously. MOTION was also made by COMMISSIONER STEWART/VICE MA Ya2 BLOS5ER to appoint Walter Peklenk, the present Alternate Member of the FAB, to the remaining Regular Member position. This MOTION carried unanimously. Mayor Sullivan noted a pending Talent Bank Application of Mr. Walter Clayton, who had not yet been interviewed. The Town Clerk advised that Mr. Clayton had been out of town and would be invited to the August Workshop Meeting. REGULAR BUSINESS: Consent Agenda - Authorization for Mayor to execute Hold Harmless Agreement between Town and Monterey House re Satellite Dish installation. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER STEWART to approve • the Consent Agenda. This MOTION carried unanimously. Items Left Over 1. Final site plan review - Enclaves of Boca Cove This matter was discussed. It was noted that Mr. Bruce Sutherland, Building Official, had been requested to submit the approval of the Community Appearance Board, in writing, prior to this meeting and that the same had not been done. Mr. Robert Gore, developer of Enclaves, stated that all approvals had been given by the Planning Board and the Community Appearance Board. The Town Commission noted that the CAB report on the facade of the building was vague. Mr. Sutherland did not feel that anything further had to be resolved by the Boards and that the matter was ready for the Town Commission's final approval. Mr. Sutherland was excused in order for him to call a member of the CAB to clarify the facade question. 2. Amended site plan review - Ocean Reef This matter was deferred until Mr. Sutherland's return. 3. Addendum to County Sanitation Contract Attorney Sliney reiterated those items which had been discussed earlier in the meeting, noting ,that this item would again be addressed at the August Workshop Meeting. Town Commission Regular Meeting August 6, 1985 Page 9 of 9 4. Report of Audit Selection Committee - • It was reported that the Financial Advisory Board, along with the Town Manager and the Vice Mayor, had reviewed the five proposals received and had rated them in order of preference. The Town Commission will interview three of the five firms, prior to any decision being made. Returning to the matter of Enclaves of Bova Cove, Mr. Sutherland indicated that he had discussed the Matter with Mr. Guy Galizia, Acting Chairman of the CAB, who stated that the matter of the facade was a misunderstanding and that the site plan had indeed received final approval by the CAB. MOTION was then made by VICE MAYOR BLOSSER/ COMMISSIONER STEWART that final approval be given to the site plan for Enclaves of Boca Cove. The MOTION carried unanimously. With regard to the request for the approval of an amended site plan review for Ocean Reef, Mr. Sutherland again noted that the Planning Board and CAB had unanimously recommended approval, after which MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BASSO to approve same. This MOTION carried unanimously. BILLS FOR APPROVAL: There were no bills submitted for approval. There being no further business to come before the Town Commission at this Regular Meeting, same was adjourned upon pro e~ MOTION and second at 3:30 p.m. n~ ~ ' ~ APPROVED: ward J. Sull~W~n, Mayor S~ mat ~ ~.~...,.. ~_ i,.Q c.-~.,oi Mar Lou a G. Blosser,Vice Mayor J n Bas o, Commis Toner ~~'' ~ ` William A. Grier~,~om~inissioner 7/ Bet Jean Stewart, Commissioner ATTEST: T CLE DATE: "~-~~ ATTACHMENTS: 2 i e~~ LAW OFFICES RE C E 1 vEpr AUG 2 -- ~ DILWORTH, f AXSON, VCALISH, KAUFFMAN & TYLANDER ~CE W. KAUFFMAN `MEN J. HORN 1£N J. HARMELIN vAVI+T] H. PITTINSKY JAME$ A. SUTTON MARVIN WE155 RAYMOND F. SCULLY EDWIN M. GOLDS MITH,III JOHN F. SMITH, III RICHARD 5. MEYER J CLAYTON UN DE RCOFLE R, III STEPHEN J. MATHEB THOMAS A. LEONARD ROSS J. REEEE JOHN PHILIP CRAMPTON RICHARD M. SEGAL BERNARD E. ZBR2E2NJ THOMAS E. SLIM EY' CONSTANCE B. FOSTER JOHN F. 5T0 VIAN ALAN J. HOFFMAN THOMAS J. ELLIOTT LOUIS B. KUPPERMAN JVSTIN P. KLEIN KAREN MAREK SCHELLER MARK J. LEVIN JOSEPH P. DOUG HER JULES 1. WHITMAN JOHN M. ELLIOTT JOSEPH H. JACOVINI EDWARD F. MAN NINO JOHN N. FIT2 PATRICK ROBERT P. CASEY JAMES J. LINUS CARL H. MANZELIK THOMAS E. DORAN ALAN C. KAUFFMAN THEODORE A. YOUNG STEVEN L. FRIE DMAN DANIEL E. BEREN PETER J. PICOTTE, 11 LAWRENCE D. BERGER JOHN R. LATOU RETT E, JR. ROGER F. WOOD ROBERT N. d. LUCA CARL G. ROBE RTS JAME$ F. MONTEITH GARY R. LEAOBETTER SMERYL L. AUCRBACH MARC A. FELLER THOMAS J. BENOE R,JR. HOPE A. COMISKT LAWRENCE G. Mc MIC HAEL STEPHEN G. BRAVERMAN COUNSEL TO *HE FIRM HARRY A. HALISH COUNSEL MARCVS MANOFF ROBERT W. MARTS NATHAN B. FEINSTEIN ALAN B. STERN STEIN LOUIS M. HEIDEIBE RGER ROBERT O. TY LANDER• JONATHAN VIPON D, III RICHARD J. GORDON C. LEO SUTTON LEONARD J. COON NCNBER OF FLORIDA BAR Mr. Hugh Williams HENRY F. 51E DZIKOWSNI MA RGVERITE 5. WALSH THOMAS I. VA NASKIE EDWARD S. WARDEII DANIEL J. CARRIGAN ALE%ANDRA DYLAN SAN DLER VIRGINIA LYNN HOGBEN JOHN F. O BRIEN DANIEL F. RYAN, III MITCHEII 8. KIRSCHNER" G LADYS R0GER5 BUCK EDMUNDS J. BROKANS JANE W. GOLOBLUM JOHN W. SCHMEHL DANIEL B. EVANS JAME$ W. BAUMBACH JAMES J. GREENFIELD DAVID K. FRIED MAN' JOSEPH F. KESSLER DOUGLAS M. LURID RALPH J. KELLY MICHAEL L. KRA NGER MA RJORIE RAND ANN M. CALDW ELL MICHAEL P. GALIAGHER WILLIAM J. lEO HARD DOMINIC S. LIBERI SARA BETH KALB 2600 THE FIDELITY BUILDING PHILADELPHIA, PENNSYLVANIA 19109 (215) 875-7000 PENN SECURITY BANK BUILDING SCRANTON, PENNSYLVANIA 18503 (717) 346-7569 610 LOCUST COURT BUILDING HARRISBURG, PENNSYLVANIA 17101 (717) 236-4812 INTERNATIONAL 50 UARE. SUITE 280 1825 "EYES STREET, N. W. WASHINGTON. D. C. 20006 (202) 296-9320 SUITE 700 150 EAST PALMETTO PARK ROAD BOLA RATON, FLORIDA 33432-4834 (305) 392-8900 PALM BEACH (305) 734-6108 BROWARD COUNTY (305) 421-8900 CABLE ADDRESS REYWAI. TELE% 831-320 DE% 2100 (305) 368-8706 qIC NA gO50N OILWORTH I89B-1971 HENRY D. PA%SON 1904-1975 RICHARD L. LEVY 1911-1979 August 1, 1985 Town Manager • Town of Highland Beach 3614 S. Ocean Blvd. Highland Beach, Florida 33431 Re: Proposed County Parks Dear Hugh: ~~ Enclosed please find a memorandum concerning preliminary research that our office has done concerning the Town's position concerning the proposed purchase of land at Highland Beach for use as a new park and/or beaches. As you will see from the memorandum, Palm Beach County does not get a "free ride" in this matter. In fact, it is our opinion, based on this preliminary research, that Palm Beach County would have to apply to the Town for a special exception or change in zoning for any proposed park which the County may wish to establish within the Town of Highland Beach. We will continue working on this matter and will advise you accordingly. Very tr yours, Tho as E. Sliney LOUISE L. M.TUCKER HENRY N. NASSAU PAUL W. BAS KOW SKY CHRISTOPHER A. LEWIS JAMES J. RO DGE R$ WILLIAM A. 5CARI, JR. TIMOTHY W, CALLAHAN, II DAWN RENEE CHISM CARL W. NITTINGER 1EW15 M. PETZO LD• JOHN L. NEATON ANNE MARIE P. KELLEY BARBARA ANISKO JAMES W. BROWN PAUL 5. DIAMOND ROBERT J. MO55 RICHARD B. BARNIN DONNA M. ALBANt JAMES J. GVPKO JAMES C. CRUMLISH, III WILLIAM F. MARTIN CHARLES E.GVTSMALL JAME$ T. SMITH JAMES I. DEVINE 7HOMA5 J. FOLEY, III G ERALYN GAHRAN HUM PH REY JUDY M. LEVEN STEIN LAWRENCE F. SHAY TES/jev Enclosure • TO: THOMAS E. SLINEY FROM: DAVID K. FRIEDMAN MEMORANDUAi RE: PROPOSED COUNTY PARK - TOWN OF HIGHLAND BEACH FILE NUMBER 01221-32662 DATE: July 31, 1935 This memorandum is in response to your request for an opinion as to how the Town may oppose the County's proposed purchase of land in Highland Beach for use as a new park. ^4y research indicates that in the absence of express legislative immunity from zoning, the intruding government in this case Palm • Reach County, is required to apply to the host government, (Highland Beach), for a special exception or change in zoning, whichever is appropriate. PAL-NIAR Water Management District vs. Martin County, 377 So. 2nd 752 (Fla. 4th D.C.A. 1979); Hillsborough Assoc~_ation for Retarded Citizens, Inc., vs. City of Temple Terrace, So. 2nd 610, (Fla. 1976) . The Zoning Authority should consider weighing the applicant's needs for the use in question, its effect upon the host unit zoning plan, neighboring property, environmental impact, and other relevant factors. Palm Beach County vs. City of Apopka, 299 So.2nd 652 (Fla. 4th D.C.A. 1974). The latter case, suggests that if the applicant is dissatified with the decision of the Zoning Authority, it is entitled, to seek a judicial determination which • the Circuit Court should balance the competing public and private interests necessary to reach an equitable resolution of the conflict. • Memorandum Page Two To: Thomas E. Sliney - Proposed County Park The above case laid down what is known as the "balancing of competing interests" test, wherein the court considers (1) the type of function involved, (2) the applicant's legislative grant of authority, (3) the public need for the proposed use (4) the existing land use scheme, (S) alternative locations for the facility, finless restrictive zoning areas (6) alternative methods for providing the needed improvement, and (7) the detriment to the adjoining land owners. If after weighing all pertinent factors, the Court finds the proposed the host government is acting unreasonably, the Zoning • Ordinance shall be held inapplicable to the proposed improvement. The burden of proof, however, is upon the intruding government. Hillsborough Association for Retarded Citizens, Inc. supra. If the intruding government authority fails to apply for a zoning exception, or change of zoning, and proceeds to commence construction, or excavation, the host government is entitled to seek an permanent injunction to enjoin the construction. See Village of North Palm Beach vs. School Board of Palm Beach County, 349 So.2nd 683, (Fla. 4th D.C.A. 1977) (School Board held enjoined from constructing library building, since construction would violate set-back requirements of village zoning ordinance); PAL-MAR= eater Management District, supra. The trial court, in ruling on the injunction request should apply the "balancing of interests" test in • ' Mernorandufn Page Three To: Thomas E. Sliney - Proposed County Park deciding whether the host's zoning ordinances should apply to the intruding government. Village of Plorth Palm Beach, supra. In Palm Beach County vs. Town of Palm Beach County,310 So.2nd 384 (Fla. 4th D.C.A. 1975) Palm Beach County wanted to use land in the Town of Palm Beach as an additional oceanfront beach and recreational facility. The court held that the trial court correctly determined that Palm Beach County was bound by the zoning regulations of the Town of Palm Beach and as to use of the county property which was located in the territorial limits of the municipality. The court stated that it did not make a difference • whether the property was to be used for governmental or proprietary purposes. The court, however, did note that the proposed use of the property, as an additional oceanfront beach and recreational facility, appeared to be a meritorious use justifying special consideration. See City of Daytona Beach v. Tona-Rama, Inc. 294 So.2nd 73. (Fla. 1974). 1. The Court notes in a footnote, that the subject property lied within an area zoned commercial, and that the use of the property of the beach or recreation area would seem to possess no lesser dignity than the current permitted and accessory uses. The court concluded that the granting of a special exception to the Town's existing zoning ordinance should be carefully con- • sidered by the significantly important proposed public use and the pertinent judicial decisions bearing upon the applicability of zoning ordinances relating to such public use. • ' r4emorandurh • Page Four To: Thomas E. Sliney - Proposed County Park The Palm Beach County case did not indicate procedural posture of the case other than indicating that Palm Beach County brought the action against the Town of Palm Beach. I would assume that it was a Declaratory Judgment Action requesting the court to determine whether Palm Beach County was bound by the Town's zoning ordinances. The Court determined that the County was bound by the ordinance. It would appear that the County was not precluded from thereafter seeking a special exception as was in the foregoing opinion. U • Tol~ihom'it9may concern From: B.J. Stewart, comm. memo re: meeting at Highland Beach Water Plant on July 27, 1986. ' Water plant trainee, Bahram Ahmady, with an expression of some urgency, requested a meeting with me and the mayor. We responded promptly by meeting with him for a tour of the water plant on the afternoon of July 27, 1985. As we walked around the plant, he showed us areas he felt were being neglected and altered. He voiced his concerns for the people the water plant nerves. Today I have drafted a questionnaire based upon some of my notes of this meeting. It is for all the members of the utilities department to supply their factual observations should they also perceive deficient -ies. Copies will be given to Jack Lee, assistant director, at the workshop meeting on Tuesday, so he may give them to the others. s ,~ i ' '