1984.01.19_TC_Minutes_SpecialTOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
SPECIAL MEETING
Thursday, January 19, 1984 9:30 A.M.
A Special Meeting of the Town Commission was called to order by
Mayor Louis Y. Horton at 9:30 A. M. Also present were Vice Mayor
Mary Louise G. Blosser, Commissioners William E. Paul, Betty Jean
Stewart, and Harry Walker.
Also present were Town Attorneys Thomas E. Sliney and Edward Cohen;
Town Manager Elaine W. Roberts; Town Clerk Mary Ann Whaley; citizens
and the general public.
The matter of the re -paving of the recreation/pedestrian path was
discussed. The Town Manager reported that County Inspectors had
approved the project, as well as the County Commission approving
the expenditure of the matching portion of $18,225.00. This
matter will be further discussed at the January 31, 1984 Workshop
Meeting.
Attorney Cohen reported on the Delray Beach/Highland Beach Sewer
issue. A re -drafted contract between the municipalities and the
engineering firm of Hazen & Sawyer was submitted by Attorney Cohen
with a recommendation for approval of same. The proposed Joint
Stipulation was also discussed with a consensus being reached
that the terms of payment for any amount of money over $160,000.00
be committed at $15,000.00 per month, at 8% interest, from the time
of resolution of the matter. Funds held prior to that time would
be rated at 52% interest. This matter will be scheduled for the
Workshop Meeting of January 31, 1984 for further discussion.
Mrs. Doris Rome addressed the Town Commission regarding the funds
which had been held in the Sewer Escrow Account. She further
addressed the Town Commission as a Defendant in the Milani matter,
indicating that she had received no notice of this meeting.
Mrs. Rome was advised that this was an oversight and no intention
of exclusion was meant.
The next matter discussed by the Town Commission was a proposed
Offer of Settlement submitted in the Milani matter. Attorney
Daniel James and Dr. Richard Orman were present, representing
Mr. C. D. Milani. Mayor Horton gave a brief synopsis of the
events of the case up to this time. Density bonuses, previously
submitted plans, and affect on adjacent neighbors were discussed.
The Town Manager will advise the adjacent property owners of the
pending proposal, prior to Town Commission action for their comments.
Attorney Sliney advised that the acceptance of this proposed
settlement offer would not jeopardize the Town's position regarding
other zoning matters. Attorney Glen Webber, representing George
Roberts, counsel for individuals Savino, Rome, Stewart, and Leng
in this matter, as well as Attorney Sliney recommended the
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Town Commission
Special Meeting
January 19, 1984 Page 2
settlement offer be accepted. It was further the consensus of
the Town Commission that a time limit be specified in the Offer of
Settlement, with the term being set at no more than three years.
Attorney James and Dr. Orman requested five years be set but would
discuss the matter with Mr. Milani and report back to the Town
Commission. The Town Commission set a Special Meeting for
January 24, 1984 at 9:30 a.m. to discuss the matter further. The
plans, as previously approved by the Planning Commission, are
available in the Building Department for review by the Town
Commission, prior to the Special Meeting.
The Town Commission then discussed the Highlands Place request
for re -instatement of their building permit which had expired
in June 1983. Attorney Earl Faircloth, Developer Marvin Arbuck,
Gene Barbato, and Richard Jacobs (Project Manager) were present
representing Highlands Place. Mr. Barbato contended that during
a conversation with Mr. Hamzik, former Building Official for
Highland Beach, he was told that should the Town adopt an Ordinance
amending the Code extending completion time for a building to two
years, the Highlands Place project would be granted the additional
year. Subsequent to this contention, Mayor Horton talked to
Mr. Hamzik in Stuart, Florida, who denied this statement. Other
matters discussed by the Highlands Place representatives included
their good faith in the commencement of the work for which the
permit was taken, the unreasonableness of the one year completion
limitation, and the equity factor involved in the denial of the
extension of the building permit. Attorney Sliney indicated that
the equity factor was the most important and relevant factor at
this time. A question arose as to the legal definition of the
word "commencement" in relation to the building permit and what
actually constituted "commencement" of the project. A question
was also raised as to whether the project had been abandoned for
a six month period during the time the building permit was
effective. The Town Attorney was directed to research these
matters at which time the Town Commission would again address
this issue.
During the Highlands Place discussion, a one hour lunch break was
necessary.
The Vice Mayor then submitted a letter received from Dr. Tomeski
with regard to the proposed Ad Hoc Committee for the evaluation
of staff, etc. It was the consensus of the Commission that the
Financial Advisory Board should be the body to evaluate and make
recommendations regarding salary ranges and other financial consider-
ations, i.e., over the limit increases, etc. The Town Manager
will request the assistance of the Financial Advisory Board on this
matter. The proposed Ad Hoc Committee will be discussed at the
Workshop Meeting to be held on January 31, 1984.
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Special Meeting
January 19, 1984
Page 3
The Town Manager requested any suggestions and recommendations
the Town Commission had regarding correspondence received from
the Metropolitan Planning Organization for inclusion as a county
project for funding purposes. Recommendations received were to
request assistance on the re -paving of Bel Air Drive, as well as
other Town streets, the placement of blue reflectors as fire
hydrant markers, and maybe other safety studies. A request to
the DOT relating to a "no passing" line in the vicinity of
Ambassadors East was also discussed at this time. The Town
Manager will relay these requests to the appropriate agencies.
Commissioner Paul was excused from the meeting at 1:45 p.m.
The Town Commission discussed the Seascape project, with specific
emphasis on the Town's liability. The Town Manager reported that
she had contacted the Town's insurance carrier who verbally
indicated that the Town would have no liability and that they
would defend the Town, if the Town were sued for any reason relating
to the Seascape project. Attorney Sliney and Commissioner Stewart
requested verification of this face in writing from the insurance
company. Commissioner Stewart requested investigation into the
involvement of other Towns in projects such as this. A suggestion
was made to research whether this project might be taken on as a
"class project" by students at FAU. The Mayor will obtain additional
information on the matter for discussion at an early date. It was
the general feeling of those present that the Town should separate
itself from the Seascape project, to prevent liability problems.
There being no further business, the Special Meeting was adjourned
at 3:05 p.m.
APPROVED • 2
Loui . Horton, Mayor
ATTEST:
Mary Ann Whaley, Town Jerk
Date:.?-8�
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Mar uise G. Blosser, Vice Mayor
William E. Paul, Commissioner
Bet y_Jean StpWart, Commissioner
Harry Walker, Commissioner