1984.08.15_TC_Minutes_Workshop~-
TOWN OF HIGHLAND BEACH, FLORIDA
• Minutes of Meeting of Town Commission
WORKSHOP MEETING RE
BOCA HIGHLAND
WEDNESDAY, AUGUST 15, 1984 _ 2=010 P.M.
A Workshop Meeting for the purpose of discussing the Boca Highland
issue with specific emphasis on the request regarding B and C sites
was called to order by Mayor Louis Y. Horton. Also in attendance were
Vice Mayor Mary Louise G. Blosser, Commissioners John J. Basso,
William E. Paul and Betty Jean Stewart.
Also present were Town Attorneys Lewis Petzold and David Friedman;
Town Manager Elaine W. Roberts; Town Clerk Mary Ann Whaley; citizens
and the general public.
After Mayor Horton publicly stated the purpose of the meeting,
Commissioner Stewart requested the status of the information which had
been requested from the Planning Commission as a result of the August
7, 1984 Regular Town Commission Meeting. Mrs. Doris Rome, member of
the Planning Commission advised that the Secretary of the Planning
Commission had been requested to provide the information prior. to this
meeting, however, same had not been done. Further, Mr. Tom Delaney
• and several other representatives of Boca High, including Attorney
Martin Perry were present, and Commissioner Stewart questioned whether
any presentations were appropriate at this time. Mr. Delaney advised
that he was not present to make any further presentation, but to
answer any questions that might arise as a result of this meeting.
Mrs. Rome advised that the Planning Commission felt that they should
make no comments or take any action on the request by the Town
Commission in view of the lawsuit which had just been instituted by
Boca Highland against the Town of Highland Beach and the Planning
Commission. It was noted at this time that copies of the lawsuit had
not yet been received by members of the Town Commission or the
Planning Commission. Mrs. Roberts will see that copies are
distributed.
Both Vice Mayor Blosser and Commissioner Stewart concurred in the
position taken by the Planning Commission that no comments should be
made on the matter while litigation was pending until an opinion was
rendered by the Town Attorney. Attorney Petzold indicated that he had
preliminarily reviewed the lawsuit as filed, however, had not reviewed
it to the extent of being able to give any opinion on same.
Commissioner Stewart stated that inasmuch as the lawsuit was a new
development in the matter, that maybe this Workshop should be
adjourned pending an opinion from the Town Attorney stating what the
Town's position should be in this matter. Mayor Horton indicated that
he felt that the Town should continue to try to negotiate the matter
with a view toward resolving same even though the lawsuit had been
• filed in this matter. Commission Paul asked what the Town Attorney's
advise was in the procedure to be followed at this time. Attorney
Petzold advised the Town Commission that he felt discussion in the
Town Commission
Workshop Meeting re Boca Hi
• August 15, 1984 Page 2 of 3
matter was not precluded due to the filing of the lawsuit, and that it
was appropriate for the Town Commission to continue to review and
discuss the matter to try to find an amicable solution to same. Mayor
Horton recommended that maybe a representative of the Town Commission
be appointed to work with Boca Highland on this matter. Commissioner
Basso expressed his opinion that the attorneys handle the matter, or
if that was not desirable, then an outside legal arbitrator be secured
to try to resolve the matter. Commissioner Basso urged that the Town
Commission proceed cautiously in view of the pending litigation filed
in the matter. It was noted that Mr. Delaney had to file the lawsuit
within 3P1 days of the Planning Commission's denial of the submitted
plans in order to reserve his rights under civil law, but this did not
preclude any further negotiations in the matter to try to come up with
a mutually agreed upon solution. It was the general consensus that the
Planning Commission's work on the matter was complete, having reviewed
and rejected the matter two times, and now it was the Town Commission
who should negotiate to resolve the matter.
In discussion, the Vice Mayor indicated that a plan which could show
overlays of the stages of development of Boca Highland from its
inception would be helpful to the Town Commission. Mr. Delaney stated
that such plans existed and had been given to the Building Department.
• Mrs. Roberts indicated that any such plans which had been brought to
the various Board meetings had been taken back by the representatives
of Boca Highland and not left with the Building Department. Mr.
Delaney and his representatives will meet with Building Department
personnel to determine which plans are actually in the possession of
the Town. Mrs. Roberts indicated that a boundary dispute had existed
on the Boca Highland property with Mr. Milani, and that no registered
filed survey had been submitted to the Town subsequent to that dispute
being settled. Mr. Delaney contended that such instrument had been
submitted to the Town's Building Department and should be on file.
Commissioner Stewart requested that surveys of each building be made
available to the Town Commission, showing what had been actually
approved and what changes had been made on the sites. Vice Mayor
Blosser requested visual charts showing step by step what has been
done on the site and documenting all changes made. Mr. Delaney
volunteered to have his representatives present to walk through the
entire process with the Town Commission at a given date, and further
recommended that Marvin Sanders be present on the Town's behalf.
Mrs. Rome indicated that she had personally been given copies of all
of the plans in the matter, however, due to space constraints at her
home, she had always turned her plans in to the Building Department
after reviewing same. Mrs. Rome stated that the Bauer compromise had
turned out to be a mistake in her opinion, and urged the Town
Commission to pay attention to any advice which might be given by the
Town Attorney, who stated that in his opinion the Town had a
• defensible position on this matter. Attorney Petzold reiterated that
•
..- - .
Town Commission
Workshop Meeting on Boca Highland
August 15, 1984
Page 3 of 3
he felt the Town did have a defensible position and probably would
prevail in the litigation of the matter, however, the matter would be
studied further in view of Attorney Sliney's absence and a further
opinion given as to the procedure the Town should take on the matter.
Attorney Petzold further stated that even if the lawsuit was resolved
in any manner, that did not mean that the Boca Highland issue would be
over and done with and additional work would be necessary to resolve
the matter.
Attorney Mark Shorr, representing Braemer Isle Condominium
Association concurred in the earlier response of Attorney Petzold that
the Town should continue to strive for an amicable solution to the
matter and act on the application of Boca Highland, and that any
action taken on the Boca Highland matter include the residents of
Braemer Isle.
Attorney Martin Perry, representing Boca Highland, reiterated Attorney
Petzold's position that the filing of the lawsuit did not preclude any
further discussion and possible solution of the matter and urged the
Town Commission to continue their review toward an amicable end of the
issue.
After discussion, it was the consensus of the Town Commission that a
written opinion be obtained from Attorney Sliney upon his return, at
which time the Town Commission will proceed accordingly in this
matter. It was further noted that during the interim, the Town
Commissioners will have an opportunity to further review the
documentation in this matter prior to any further meeting.
There being no further business to come before the Town Commission at
this Workshop Meeting, same was adjourned at 3;35 p.m.
APPROVED: ~-
Loui Horton, Mayor
Mary^L'ouise G~losser,Vice Mayor
`/B,BSSO, Commis ner
~i~~ ~ ~i`~ Qi-
William E. Paul, Commissioner
~J
Bet Jean Stewart, Commissioner
ATTEST:
O N CL K
DATE: G)./~ -~ Y