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1982.06.17_TC_Minutes_Special_' , , TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Special Meeting June 17 1982 1:30 P. M. Mayor Horton called the Special Meeting to order at 1:30 P.M. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Mary Louise G. Blosser and Commissioners Edward J. Sullivan and Harry Walker. Commissioner John J. Basso was absent. Also in attendance were: Thomas E. Sliney, Town Attorney; Police Chief Kenneth Jones; Francis Hamzik, Building Official and Jane E. Barker, Town Clerk. Elaine W. Roberts, Town Manager, was absent. Mayor Horton inquired of Mr. Sliney if it would be pr©per to include a Resolution pertaining to the "Town of Highland Beach Retirement Plan" even though it had not been shown on the agenda. Mr. Sliney gave his approval. Resolution No. 436 - A Resolution of the Town of Highland Beach, • Florida, to establish the undermentioned account at Atlantic National Bank of Florida, Boca Raton, Florida. Savings Account entitled "Town of Highland Beach Retirement Plan". Mayor Horton read Resolution No. 436 in full. MOTION by Commissioner Sullivan/Commissioner Walker that Resolution No. 436 be adopted as read. All Commissioners voted Aye. Mayor Horton announced that the purpose for this Special Meeting stems from word received from Town Counsel last week that the Buntrock case, or the Sanibel case, was not heard by the Supreme Court of the State of Florida. Mayor Horton said that this means that the law of the State of Florida, at the present time, is governed by the decision handed down by the Second District Court of Appeals in Tampa. Mayor Horton then commented on a news article given to him by Commissioner Walker, regarding moratoriums. Mayor Horton said that the Town had been operating under the supposition for a number of years that duly enacted moratoriums were legal and it was something the Town could do to protect • their residents. He said that this is no longer the case and the t Minutes Highland Beach Town Commission Special Meeting • June 17, 1982 Page 2 of 5 reason for this Special Meeting was to determine what could be done in the future. Mayor Horton stated that the Town Commission would be very interested in hearing from the people in the audience but once this part finished, it would then become a Town Commission meeting. Mr. Peter J. Genovese, a Town resident, addressed the Commission stating that Moratorium ordinances had to be adopted in the regular fashion, with the necessary public hearings and a first and final reading. He stated that the moratorium ordinance adopted on June 1, 1982 should be disallowed. Mr. Genovese also spoke of the public officials' liability policy that protects the Commission. He maintained that under the exclusions of the policy, the insurance company would not be liable for any claim made against the insured for any damages arising from inverse condemnation, adverse possession or dedication of adverse use or for any claims or award against any insureds for • punitive or exemplary damages. Dr. Richard Orman, representing Mr. C. D. Milani, spoke to the Commission regarding the pending applications they had for building permits. He then gave a brief resume of Mr. Milani's case. He stated that over the years developers had sued the Town of Highland Beach but Mr. Milani preferred not to do this. He said that as a result of the Sanibel case, he felt that they should be allowed to go forward with their plans. He said he felt that Mr. Milani felt he was being discriminated against. Mayor Horton stated that the Town Commission was not here to discuss any one piece of property, but rather what could be done to best serve the interests of the people in Highland Beach. Mr. Digby Bridges, Architect, then addressed the Commission regarding the Casuarina project, asking if they still had permission to come before the Town Commission regarding Lot 71E. Mr. Peter Whiting, associated with Beachwalk East and Beachwalk West, asked if a statement had been made at the beginning of this meeting explaining what the meeting was about. Mayor Horton answered him. Mr. Whiting then told of what stage they were in • for fseachwalk West. Minutes Highland Beach Town Commission Special Meeting June 17, 1982 • Page 3 of 5 Mr. Milani then addressed the Commission, talking about tourism in the State of Florida, and on behalf of his project. He maintained the Town discouraged people from coming into this area. Mr. Frank Savino, a member of the Community Appearance Board, addressed the Commission regarding the survey sent to all residents of the Town wherein some 400 people were against high density. Mayor Horton asked if there were any other comments from the audience and being none, he said that this would now be a meeting of the Town Commission. Mayor Horton then referred to Mr. Genovese's statement earlier in the meeting in which he laid that the moratorium ordinance should be repealed, and asked Mr. 5liney's opinion of this. Mr. Sliney clarified one of Mr. Genovese's statements by saying that the Statute does not speak to the fact that you can not have a moratorium putting property on hold. It says that you can not ® rezone by an emergency moratorium. Mr. Sliney continued by saying that (1) the moratorium is of no effect at this time (2) on pending building permit applications, if they conform to the existing zoning, the building permits should be granted and (3) that the Town, pursuant to Sanibel, go ahead and enact a new moratorium in accordance with the procedures which Sanibel has set forth as the new law of the State of Florida. Mr. Sliney then spoke about zoning in progress. He said that the Town has, in the past, used the zoning in progress case, particularly the Clearwater case and the Van Lennep case, as a defense. The case here indicated that the zoning in progress argument was certainly somewhat gutted if not overruled in this type of a situation. Much discussion took place among the Commissioners with Commissioner Walker asking the Building Official what would happen if the moratorium were lifted, with the site plans already having been reviewed, and a new zoning code had been adopted by the Town after Gee & Jenson's study had been completed, what action wrauld he take if an application for a permit came in that did not conform to the new code? Mr. Hamzik stated that he would have to reject it. • Commissioner Sullivan then questioned Mr. Sliney regarding Mr. Genovese's statement about the exclusions on the public officials' liability insurance policy. Mr. Sliney explained this. Mayor • Minutes Highland Beach Town Commission Special Meeting June 17, 1982 Page 4 of 5 Horton asked if the Commission were acting in good faith and trying to protect the residents of the Town, would the insurance still be null and void? Commissioner Walker felt that a letter could be directed to the insurance company asking if they would defend the Town: If not, Commissioner Walker said, the Town should change their insurance. Mayor Horton pursued the matter of zoning in progress and asked Mr. Sliney if he felt he would want some help on this matter because of the importance of it. Further discussion ensued with it being determined that in order to pass another moratorium ordinance, it would be necessary for the Planning Commission to hold a public hearing with the Town Commission holding two public hearings. Mr. Sliney stated that the Court has now told us that this type of moratorium ordinance is illegal and the present moratorium that the Town passed on June 1, 1982 is no longer in effect. • After prolonged discussion, Mayor Horton stated that "what we want to do first is merely send a notice to the Planning Commission that they should take immediate action on two, thus far, two items: 1. Recommending or investigating the idea of having a limit of one year on --- a one year life on approved site plans, and 2. Investigate the establishment of a moratorium which would meet the dictates of the Sanibel case". Mayor Horton asked if there were any further questions and being none, he said '"The Chair will entertain a MOTION that we communicate with the Planning Commission and ask them to investigate and give us their recommendations regarding the possibility of placing a one year limit on the life of approved site plans and (2) investiga~.e and recommend the steps to be taken in establishing a moratorium under the Sanibel case." • Minutes Highland Beach Town Commission • Special Meeting June 17, 1982 Page 5 of 5 MOVED by Commissioner Sullivan and seconded by Commissioner Walker. All Commissioners voted Aye. More discussion took place, after which Mayor Horton said that a Special Meeting should be held on Tuesday, June 29, 1982 at 2:00 P.M, in conjunction with the Workshop Meeting. MOTION by Commissioner Sullivan/Commissioner Walker that the meeting be ADJOURNED. Time - 3:17 P.M. APPROVED: Louis Orton, Mayor Mary Louise G. losser, Vicd Mayor _ (Absent) John ~. Basso, ,Copa[fti~s Toner Edward S van Commissioner G~ `~r2~ Harry Walker, Commissioner ATTEST: To ` Clerk Dated: June 22, 1982 •