1982.04.15_TC_Minutes_SpecialA ~
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TOWN OF HIGHLAND BEACH, FLORIDA
• Minutes of Meeting of Town Commission
Special Meeting
April 15, 1982 2.30 P M
Mayor Horton called the Special Meeting to order at 2:30 P.M. Those
in attendance were: Mayor Louis Y. Horton, Vice Mayor Harold C. Storm
and Commissioners John J Basso, Mary Louise G. Blosser and Edward J.
Sullivan. Also in attendance were: Elaine W. Roberts, Town Manager;
Thomas E. Sliney, Town Attorney and Jane E. Barker, Town Clerk.
Mayor Horton announced that the purpose of this Special Meeting was to
hear and discuss the possible adoption of Emergency Ordinance No. 437.
Proposed Ordinance No. 437 - An emergency ordinance of the
Town of Highland Beach to be
designated as the partial building permit moratorium ordinance;
relating to suspension of applications for building permits
for new construction and the issuance thereof; making legis-
lative findings of fact; declaring the legislative intent and
purpose of this act; declaring a 60-day moratorium on appli-
• cations for and issuance of building permits for new construction;
declaring an emergency; and providing for an immediate
effective date.
Mr. Sliney and Mayor Horton read this proposed ordinance in
full.
Mayor Horton asked Mr. Sliney if he would give a synopsis of
the Sanibel v. Buntrock case which has brought new matters
to light concerning emergency moratorium ordinances.
Mr. Sliney then explained for the benefit of all that the above
case stipulates that moratoriums have to be enacted with the
same methods and hearings, etc. as would be held for a zoning
ordinance. Mr. Sliney said that this is contrary to what has
been done in the state of Florida previously and contrary to
the way municipalities have approached changes in Comprehensive
Plans and Zoning Ordinances in the past.
This matter was originally brought to .the Town's attention by
Dr. Weiss who saw the news article in the Miami Herald,
Mr. Sliney said.
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Minutes of Highland Beach
• Town Commission
Special Meeting
April 15, 1982
Page 2 of 3
Mr. Sliney continued by saying that the Sanibel case is
before the Supreme Court of Florida and until they decide
whether or not to grant the Writ of Certiorari, Mr. Sliney
felt that the Town should continue as they have been doing
and pass another moratorium ordinance.
Commissioner Basso agreed with Mr. Sliney and felt that
nothing should be done until the decision of the Supreme
Court was handed down.
MOTION by Commissioner Sullivan and seconded by Commissioner Basso
that the ordinance as written by Counsel be adopted. In polling
the Commission, the vote was as follows: Commissioner Sullivan - Aye;
Commissioner Blosser - Aye; Mayor Horton - Aye; Vice Mayor Storm - Aye;
and Commissioner Basso - Aye.
Some discussion then took place regarding the decision of the
• Second District Appellate Court of Tampa which is completely
contrary to Section 163 of the Florida Statutes. Mr. Sliney
stated that he was surprised this matter had not been
publicized nor that the Florida League of Cities had been aware
of it. He and Mrs. Roberts said that nothing had been mentioned
in any of the Law Bulletins nor in the Florida Municipal Record.
Mayor Horton asked Mrs. Roberts when the Palm Beach County
Municipal League would be meeting and asked her if she would
again make inquiries as to whether other towns and cities
were aware of this.
Commissioner Sullivan felt that possibly the Mayor should put
something in the Bulletin next month explaining this matter to
the Townspeople; saying that if this goes through, what the
Town would be limited in doing as far as zoning was concerned.
Mayor Horton said that from the Gee & Jenson survey, it appeared
that the Townspeople were interested in the affairs of the Town.
Mrs. Roberts then brought up the fact that the Mayor might also
put in the Bulletin an article about why such things as Drexel,
the Ambassadors building, Coronado, and RPUD's have been allowed
in Town. She felt that a little bit of history over the past
• ten years might help keep new residents informed.
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Minutes of Highland Beach
Town Commission
• Special Meeting
April 15, 1982
Page 3 of 3
Mrs. Roberts then spoke of the Coronado building and the
copy of the letter she had given to the Commission last week.
This concerned the seawall and the basic repairs needed. It
was the consensus of the Commission that Mrs. Roberts write to
the D.E.R. informing them that proper maintenance would be
acceptable and appropriate.
Mrs. Roberts then mentioned that plans were underway for the
Open House at Maravilla which Mr. Richard Raab has offered to
sponsor for the "Friends of the Library" on Saturday and
Sunday, May 8 and 9, 1982 from 1:00 P.M. until 5:00 P.M.
MOTION by Commissioner Basso/Commissioner Sullivan that the meeting
be ADJOURNED. Time 3:05 P.M. ~
APPROVED:
Louis Horton, ayor
H rpld C. 5 r~.n, Vice Mayor
J~~~~sso, Commissioner
ouise G. ~-osser, Comm.
ATTEST:
Date : ~ ~.lCi.z _ // /g ~ ~
Edward J//~ullivan, Commissioner
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