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1982.03.05_TC_Minutes_Special ti TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Special Meeting March 5, 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; Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. The Commission Chambers were filled with Town residents. Mayor Horton announced that the purpose of this Special Meeting was to further discuss the Regency Highland TV Dish, after more information was developed by Town Counsel after the Town Commission meeting last Tuesday. • Mayor Horton started to read the letter from Town Counsel addressed to Mrs. Roberts when Commissioner Basso asked why this Special Meeting had been called? He then proceeded to read Rule 13 in the Town's Code of Ordinances. Commissioner Basso stated that under this rule, this Special Meeting was superfluous and could not be held. Any items pertaining to this matter should have been handled last Tuesday. Mayor Horton felt that this would apply only if no new information had developed. Much discussion then took place as to how this rule could be interpreted. Mr. Sliney stated that one of the questions the Mayor had asked last Tuesday was whether there was "zoning in progress"? He said that he was not convinced that there was. In researching the Gee & Jenson Agreement, he now felt that there was "zoning in progress" and felt that he should bring this matter to the attention of the Town Commission. Mrs. Roberts told of a report from Gee & Jenson distributed to the Community Appearance Board on February 11, 1982. Attached • to this report were two ordinances from Boynton Beach pertaining to TV receiving dishes. Minutes Highland Beach Town Commission Special Meeting March 5, 1982 Page 2 of 3 Discussion also took place regarding the date-that Regency Highland originally applied for their permit. If it preceded June 2, 1981, which is the date of the Gee & Jenson Agreement, Regency Highland would be able to obtain their permit. However, Mr. Hamzik informed the Commission that the application was filed by Regency Highland on November 23, 1981, which is after the date of the Gee & Jenson Agreement. After two hours of debate, the final conclusion was to have Mr. Sliney draw up an ordinance covering TV dishes for a First Reading at the Recessed Special Meeting on March 12, 1982. This ordinance could then have a final reading and possible adoption at the Regular Meeting on April 6, 1982. A Recessed Special Meeting was then called for Friday, March 12, 1982 at 2:00 P.M. MOTION made by Vice Mayor Storm and seconded by Mayor Horton that Rule 13 be suspended. This MOTION was denied by a vote as follows: Mayor • Horton and Vice Mayor Storm - Aye and Commissioners Basso, Sullivan and Blosser - Nay. MOTION by Commissioner Sullivan that this. meeting. be recessed until March 12, 1982 at 2:0.0 P.M. Vice Mayor Storm questioned the legality of this Special Meeting due to the hours' notice having been given. It was determined that the Town had no set policy but normally, seventy-two hours notice is given. Commissioner Sullivan withdrew his MOTION. MOTION by Commissioner Sullivan that the Commission suspend Rule 13. Mayor Horton seconded this MOTION. The MOTION carried four to one. Discussion ensued concerning other MOTIONS that were made with Mr. Sliney suggesting the wording. In time, Mayor Horton stated Commissioner Sullivan's MOTION was as follows: MOTION that the action directing the issuance of the permit be delayed until April 6, 1982. All Commissioners voted Aye with the exception of Commissioner Basso who voted Nay. • Mayor Horton then said Counsel would be directed to have an ,.i Minutes Highland Beach Town Commission Special Meeting March 5, 1982 Page 3 of 3 ordinance drawn up that can have a First Reading at a Special.. Meeting - or a Recessed Meeting, whichever you prefer, - to be held on Friday afternoon, the 12th of March. Mrs. Roberts then stated that the Building Department had been holding a check in the amount of $56.00 since February 25, 1982 (against Standard Procedures). She was instructed by the Commission to put the check through. Commissioner Sullivan felt that Mr. Sliney should include all safeguards when preparing the ordinance, giving the Commission the right to be very cautious when dealing with a matter such as this . Meeting. RECESSED until March 12, 1982 at 2:00 P.M. APPROVED : ~ . Louis; Sj/.f Hortor~,, Mayor • `. _~ Harold C. S~osm, Vice Mayor Jl,~a`sso, Commissioner Marylhouise G,.--.dosser, Commissioner rd J~ ~ ullivan, Commissioner ATTEST: /f T Clerk Dated: March 18, 1982 r~ U