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1982.07.20_TC_Minutes_Specials TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Special Meeting July 20, 1982 2:00 P.M. Mayor Horton called the Special Meeting to order at 2:00 P.M. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso, Edward J. Sullivan, and Harry Walker. Also in attendance were: Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney; Police Chief Kenneth Jones; Fran Hamzik, Building Official; and Jane E. Barker, Town Clerk. There were several people in the audience. Mayor Horton stated that Attorney John Randolph would speak to the Commission regarding his opinion letter written to the Town July 8, 1982. Prior to Mr. Randolph's speaking, however, discussion took place among the Commissioners and Attorney Sliney regarding zoning in progress, the Sanibel case and the Clearwater • case. Attorney Randolph addressed the Commission and further discussion ensued. He stated that he and Mr. Sliney agreed that different interpretations were possible but, in his opinion, zoning in progress had not been struck down by the Court of Appeals. Mayor Horton stated that he felt it was the unanimous opinion of the Commission that the Town was in a position to rely on the doctrine of zoning in progress. The people in Highland Beach would best be served by adopting this position, he said. Mr. Hamzik inquired as to whether developers would be allowed to pull a permit under these conditions. Mayor Horton said that a lot of people "talked" about building, but until they actually apply for the permit, it was still in the discussion stage. Mr. Sliney said that each case would have to be handled individually. Mayor Horton then thanked Mr. Randolph for appearing at this meeting. • i Town of Highland Beach • Town Commission Special Meeting July 20, 1982 Page 2 of 4 At this time, Dr. Richard Orman, representing Mr. C.D. Milani, accused the Community Appearance Board and Planning Commission of delaying approvals of plans. He produced plans from the Building Department which, he said, "they-had to change because the CAB did not like the windows and when they changed the windows, the CAB then rejected the plans because they were changed. Heated discussion took place with Mrs. Amelie Leng and Mrs. Doris Rome, members of the CAB, taking part in it. Mayor Horton stated that he would like to get this matter wrapped up and asked Mr. Hamzik to furnish him with a list of the various changes concerning Lots 4 and 5 East and 4 and 6 West which do not conform to the approved site plans. Walle Seawall Mrs. Roberts informed the Commission that the neighbor to the • south of the Walle property had not seen the plans for this seawall as yet. She will request Mr Mike Walther of Arthur Strock & Associates to forward a copy of the plans to this person. Until he sees the plans and gives his approval, no action will be taken by the Town Commission, they said. This matter is on the agenda for the Workshop Meeting on July 27, 1982. Wiercioch request for Spa Commissioner Walker stated that it was hard to discuss this item without seeing the property and Commissioner Sullivan said that he felt it was the Commission's responsibility to have on-site inspections for requests such as this. Commissioner Blosser questioned Mr. Hamzik regarding the opinion of the Department of Beaches and Shores and was informed that they had originally approved a swimming pool but the Town Commission turned it down. The Commission will look at the site and this matter will be discussed further at the Workshop Meeting next week. At this point, Senator Harry Johnston II ent~ addressed the Town Commission, talking about year in the Legislature. He stated that the the sales tax even though it was an election • needed to get money to help municipalities. this money would be divided. Bred the meeting and what happened this Legislature passed year as they despreately He then explained how r R Town of Highland Beach Town Beach • Special Meeting July 20, 1982 Page 3 of 4 Several questions were asked of Senator Johnston by the Commissioners regarding waiving the State Revenue Sharing money; whether the Town could tax themselves for something the Town residents wanted (the answer from Senator Johnston was "No"); the Code Enforcement Board fines being lowered; Occupational Licenses; the amount of school tax that is paid; etc. Senator Johnston was then thanked by Mayor Horton for appearing at today's meeting. Ronal Hichlands expiration of permit 7/23/82 Mrs. Roberts explained that this permit would be expiring on July 23, 1982 and word had been received that the developer was seeking another extension until October 31, 1982. Discussion took place among the Commission with Mr. Howard Miller, Professional Engineer, and Attorney Stephen Moss, representing Royal Highlands Development, taking part. It was explained to these two gentlemen that the person who took out the building permit should have understood that the building was to be substantially completed within a year. Mr. Moss told of the problems the developer has had but informed the Commission that things are proceeding normally at this time. Mr. Miller said that the developer has made serious and definite progress. The matter will be placed on the agenda for a Special Meeting the Town Commission will hold next Tuesday, July 27, 1982, in conjunction with the Workshop Meeting. Massengill-Moore Actreement Mrs. Roberts explained the time limits in connection with this agreement and said the new owners should have appeared before the Community Appearance Board before the end of June inasmuch as, according to the agreement, they were to have started their project within 60 days of signing the agreement (8/7/82). Mr. James Tuthill, representing Massengill-Moore, reported that this property was in the midst of being sold and the prospective buyer was more capable than the present owner and would probably do a nicer job than originally planned. • J Town of Highland Beach Town Commission . Special Meeting July 20, 1982. Page 4 of 4 Mr. Hamzik informed the Commission that the original drawings for this development were approved and nothing was being changed on the exterior so he could see no problem in getting CAB approval. Mr. Tuthill thanked the entire Commission and stated that they hoped to be able to get a building permit at the Special Meeting being held next week. Coronado rectarding finder piers and docks. Mr. Mike Mouri from Coronado approval for an extension of for the Commission to study. informed Mr. Mouri that this to hold a Public Hearing and Public Hearing would be. Development said that he was seeking their finger piers and brought plans After discussion, Mayor Horton matter required the Planning Commission he would be notified as to when the Mrs. Roberts then informed the Town Commission that arrangements had been made for free pick up of the lime sludge at the water plant. • She also told of the Planning Commission meeting held this morning and their desire to hold a Workshop Meeting with the Town Commission to discuss some changes in the Comprehe.sive Plan. That meeting is tentatively scheduled for Thursday, July 29, 1982 at 2:00 P.M. Mrs. Roberts also informed the Commission that the millage had to be certified to-Rebecca Walker's Office within 30 days after she. mailed the assessed valuation to the Town (8/7/82). Mrs. Roberts also said that the Commission would have to vote on certifying the millage and then set the dates for the Public Hearings. MOTION by Commissioner Basso and seconded by Commissioner Sullivan that the meeting,b)e ADJOURNED. Time - 5:00 P.M. APPROVED: Horton,,, Mayor J. B,~~sm, Commissioner Mary 'se G. Edward ,U. S 1 ser, Vice Mayo an, Commissioner ~ i ~ [% ''~i u'l • ATTEST: lin.(-J Harry Wal er, Commissioner Date: /~ / ~~ ?~ r