1998.06.02_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, June 02, 1998 _ _ 1:30 P.M.
Mayor Arlin G. Voress called the Regular Meeting to order in
Commission Chambers at 1:30 P.M.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor
Thomas J. Reid, and Commissioners David Augenstein, Michael W. Hill
and John J. Sorrelli were present.
Town Attorney Thomas E. Sliney and Attorney Larry Corman were also
present, as were members of the general public. Town Manager Mary
Ann Mariano was absent.
After roll call, the Pledge of Allegiance was given.
1. ADOPTION OF AGENDA
The Agenda was amended to delete review of the Cody & Associates
Management Audit under Vice Mayor Reid's report, and to call for
recess after the Consent Agenda to accommodate an Attorney-Client
Private Session (F.S. 286.01(8) to discuss settlement negotiations
and strategies regarding Town Manager Mary Ann Mariano's EEOC suit.
It was unanimously accepted as amended.
2. APPROVAL OF MINUTES
The following sets of Minutes were unanimously approved upon MOTION
by COMMISSIONER AUGENSTEIN/VICE MAYOR REID:
April 28, 1998 - Workshop Meeting
May 05, 1998 - Regular Meeting
3. PUBLIC COMMENTS AND REQUESTS
Under Public Comments and Requests, Gerald C. Marshall, 1088 Bel
Lido Drive, presented the Members with a copy of the May issue of
WORTH (magazine), wherein the Town of Highland Beach, based upon
real estate prices, was ranked 79 out of the 200 richest
communities nationwide. Mr. Marshall asked that the Commission
keep this in mind in protecting the Town's assets and preserving
its values to ensure it remains a desirable place to live, ((copy
of article attached to and made part of these Minutes.) .
Following up on Commissioner Hill's previous suggestion, Mayor
Voress introduced newly hired Library Director, Maria Suarez, who
was welcomed by the Commission and those in attendance.
After hearing Building Official Robert Dawson's explanation of
circumstances relating to a change in color of a small, decorative
.,
q. .
Minutes of Town Commission Regular Meeting
June 02 , 1.998 Page 2 of 4
pool in front of the building, the Commission voted
unanimously upon MOTION by COMMISSIONER SORRELLI/VICE MAYOR REID,
to refund a $200 Community Appearance Board application fee to
Villa Costa condominium.
Utilities Director Jack Lee gave a detailed technical report on
the necessary steps that would be taken to accommodate the interior
painting of the elevated water tank, including how the Delray
interconnect would go into effect. During discussion, it was noted
that there will be no interruption of water service during the
length of the project.
4. REPORTS - TOWN COMMISSION
Vice Mayor Thomas J. Reid advised of a successful organizational
meeting regarding the creation of a Highland Beach Historic Society
and said he would give a full report at the next Workshop Meeting.
Commissioner David Augenstein had no report.
Commissioner Michael W. Hill had no report.
Commissioner John J. Sorrelli referred to the Town's hurricane
• preparedness booklet and suggested it might be reviewed for
possible update.
Mayor Arlin G. Voress sadly advised of Police Officer Dan Murphy's
passing on June 1 and, on behalf of all, extended sincere sympathy
to Dan's wife and family.
The Commission unanimously agreed that Mayor Voress would be the
voting delegate to the Municipal League, with the Members serving
as Alternates.
As the Town's only immediate neighbor in the affected area, Mayor
Voress advised a letter would be sent to the Yacht Club project,
informing them of the interior painting of the elevated water tank.
The Mayor next addressed Town Manager Mary Ann Mariano's continued
absence from Town Hall. Substantial discussion took place,
concluding with the Mayor's request that the Commission consider
ratifying recent correspondence regarding attendance records and
sick leave benefits sent to Ms. Mariano under his signature. Said
MOTION was made by VICE MAYOR REID/COMMISSIONER SORRELLI, followed
by majority favorable vote; Commissioner Hill dissented. (Copies of
Mayor Voress' remarks and aforementioned correspondence attached to
and made part of these Minutes.)
At Mayor Voress' suggestion, it was the agreed to hold a Public
Hearing/Special Meeting on Tuesday, June 9, at 1:30 P.M, to discuss
i
R
Minutes of Town Commission Regular Meeting
June 02 , 1998 Pane 3 of 4
this matter further, with the Town Attorney being asked to advise
at that time what legal alternatives the Town might wish to
consider.
5. REPORTS - TOWN ATTORNEY
Town Attorney Thomas E, Sliney had no report.
6. REPORTS - TOWN MANAGER
None.
7. REPORTS - BOARDS AND COMMITTEES
The Board Action Report for May was accepted as information.
Upon MOTION by VICE MAYOR REID/COMMISSIONER SORRELLI, followed by
unanimous favorable, David Yarosh was reappointed to a 3-year term
on the Code Enforcement Board and Abraham Futernick was reappointed
to a 3-year term on the Community Appearance Board.
8. MONTHLY BOARD MEETINGS
Board Meetings for June were read into the record by Mayor Voress.
9. PROPOSED ORDINANCES AND RESOLUTIONS
• There were no Proposed Ordinances or Resolutions to consider.
10. REGULAR BUSINESS
There were no Items Left Over, and no Consent Agenda Items to
consider.
11. ADJOURNMENT
At 2:15 P.M. Mayor Voress recessed the Regular Meeting to
accommodate the Attorney-Client Private Session noted previously.
Town Attorney Sliney noted for the record that the following
persons only would be present:
Mayor Arlin G. Voress
Vice Mayor Thomas J. Reid
Commissioner David Augenstein
Commissioner Michael W. Hill
Commissioner John J. Sorrelli
Town Attorney Thomas E. Sliney
Attorney Larry Corman
Court Stenographer Jill Lemmone
The private session ended at 4:40 P.M., at which time Mayor Voress
reconvened the Regular Meeting and adjourned same.
• dmt
a
~ ,.
Minutes of Town Commission Regular Meeting
. June 02 , 1998 Pane 4 of 4
APPROVE:
Arlin G. Voress, Mayor
~ Gn ~ ~.a _
Thomas J. Reid, Vice Mayor
David Auq ste' Co issioner
Jgkin J. So~lli, Commissioner
. ATTEST:
The zso f:ICwESr Towns
I SI{ SliSAN LliCCI ~1'H1' SHE LIVES IN GARDE?
i
City, Long Island, and her answer is immediate
and enthusiastic. It also has nothing in common
with Jim Lovell's story about hover he ended up in
Lake Forest, Illinois, or Phil Ramone's reasons for
choosing Bedford> New York. • Nothing, that is,
except a striking passion. The reasons people
pick one town over another often turn out to
be deeply personal and sometimes touching.
Though two communities may be next door to
each other and may seem interchangeable to the
casual eye, the residents of each will draw de-
tailed distinctions between rival schools, country
clubs, and hardware stores. Home has a deep
meaning. • This year as last, we base our rankings
of America's richest towns onreal-estate prices-
"THERE ARE INCREDIBLE
similarities," says Diandra Douglas
of her childhood home in Majorca
and her adult home in Montecito.
California. "It's almost uncanny.
The views, the topography, the
weather, the flora-[Montecito] is
very Mediterranean." Douglas has
lived here with her husband, actor
Michael Douglas (they are nov.
separated), and their son, Cameron,
about 20 years, and though it's not
her only residence, her fondness for
this jewe{ on the Pacific coast
is obvious. Here she can work on
her documentary films, ride at the
Montecito Riding Academy (which
she founded), help out a! the Santa
Barbara art museum (where she sits
on the board), or simply gaze across
the sea to the islands of Santa Cruz.
Santa Rosa, and San Ivtiguel.
in effect, the fee one pays to call
these places home. Still, these
towns are more than chunks of
real estate. So we've focused our
attention on some of the leading
lights of these comirlui~ities-
successful men and women who
have the means to live most any-
where but have chosen one place
above all others. ~~~e v;ranted to
know why, so that eve might add
other dimensions, as these people
have, to the idea of a rich life.
1 :Aspen, CO
2 , JuDiler Island, FL
3 ~, Rolling Hills, CA
4 I Atherton, CA
5 ~ Malinecock, NY (LI(
6 Hillsborough, CA
7 i Belvedere, CA
8 `Rancho Santa Fe, CA
9 :Los Altos Hills, CA
10 Snowmass Village, CO
it Purchase, NY
12 Sands Point, NY
13 :Saddle River, NJ
14 North Hills, NY (LI)
15 Old Brookville, NY (LI)
16 Old Westbury, NY (LI)
17 Hidden Hills, CA
18 Porlola Valley, CA
19 Monte Sereno, CA
20 :Ross, CA
21 :Brookville, NY (LI)
22 :Upper Brookville, NY (LI)
23 Alpine, NJ
24 Beverly Hills, CA
25 'Woodside, CA
26 :Kenilworth, IL
27 :Green Village, NJ
28 Montecito, CA
29 Bannockburn. IL'
30 Hunting Valley, OH
31 Gull Stream, FL
32 Oyster Bay Cove, NY (LI)
33 Bloomfield Hills, MI
34 Muttonlown. NY (LI)
35 Palm Beach, FL
36 Diablo, CA
37 .Saratoga, CA
38 ' Kentlield, CA
39 Mill Neck. NY (Lq
40 Greenwich, CT
41 'Palos Vertles Estates, CA
42 ;Marina Del Rey, CA
43 ~ Bron:ville, NY
44 _ New Canaan, CT
45 :Kings Point, NY ILI(
~r<:'.
a;.
-.Y
'll 1
5,049 :51,512,500
~r."'
601 1,222,500
1,748 1,165,000
7,soo l,lso,ooo.
880 1,070,000
10,589 1,023,000
2,071. 986,000
12,300 I 963,000
7,900 ; 960,000
1,449 960,000
4,205 950,000
2,477 950,000
3,136 941,500
3,748 895,000
1,914 845,000
4,204 810,000
1,879 790,000
4,400 787,250
3,311 775,000
1,894 767,400
3,748 765,000
1,560 765,000
1,849 755,000
34,116 750,000
5,087 742,500
2,291 740,000
892 736,000
10,000 731,000
1,595 725,000
824 712,500
789 710,000
2,240 700,000
? 4,587 ' 695,000
3,107 680,000
9,894 675,000
1,158 672,500
27,527 659,500
6,296 655,000
985 655,000 ~
'. 36,504 i 651,000
12,847 650,000
7,431 645,000
I
°,992 ' 640,000 I
17,656 637,500 l
4,821 635,000
MHV }y~~ ~ WORTH 59
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61 :Piney Point Village, TX 3,191 567,000
62 Kaanapati, HI (Maui) 5,340 565,500
63 Blackhawk,CA 9,028 ' 565,000
64 Winnetka,tl 12,493 560,000
65 Woodway, WA 993 559;800
66 '. Golden Beach, FL 899 555,500
67 Alamo, CA 12,277 550,000
___„ _ 68 Rollmq Hllls Estates, CA 7,579 550,000
~._ . -- 69 Sea Ranch Lakes FL 618 ~ 550 000
author T. C. Boyle; actors Rob Lowe, Jonathan Winters, Michael Tucker, acid Jill
Eikenberry; singer Kenny Loggins. Middle row: actors Ronald Colman a^ Jeff
Bridges; director Robert Zemeckis: singer Bing Crosby; comedian Jack Benny.
Bottom row: actors Bo Derek, Dennis Franz. Gloria Swanson, Audrey Hepburn, ar~d
Groucho Marx; director Oliver Stone: r..tors Vivien Leigh ,,-ind Laurence Olivier-
' -, I
7hc z5o }:I C. ti EST Towns
i ~ t;
~ ; _ ~~
46
47
New Vernon, NJ
Los Altos, CA
722 ~
27,988 E ,,
i63
625.OOQ
'~• 48 Wailea, HI (Maui) 3,798 625 000'
t
49
~ Laurel Hollow, NY (LI)
~ 1,784 ^N:
624 T
_ 50 Latlinpfown, NY (Lq 1,892 i 610,0
C 51 ;Tiburon, CA 7,609 610000?
~... ~.
52 ;far Hills, NJ 664 ~ 597,500
53 Plandome, NY (Lt) 2,113 597 50Q;
54 :Corona Del Mar, CA ' 12,342 ~ 592 5005
~
55 :Lloyd Harbor, NY (LI) 3,372 ~ 584,750
i
A..:, ~
56 'Malibu, CA 18,944 ~ 582,5001
,; ..
57 Riverside, CT 7,798 E 580,000.
58 South Barrington, tl 3,315 SBO 000
y; '~ 59 Old Greenwich, CT 6 511 573
750
y~ 60 Cherry Hills V)Ilape, CO 5 652 ,
X572 50Q
70 Stinson Beach, CA 629 550,000
71 Cross River, NY 843 549,000
72 BalHarbour,FL 2,733 ' 547,500
73 ~ Barrington Hills, IL 4,799 i - 547,500
74 Weston, MA 9,969 547,500
75 Nicasio, CA ~ 1,000 ~ 547,000
~ 76 Chilmark, MA (Martha's Vyd.)i 919 546,000
77 :San Marino, CA 72,560 ~ 540,500
r 78 Munsey Park, NY {Lq 2,692 540,000
7S HigMand Beach, FL 3,623 535,000
80 :Water Mill, NY {Lq 2,050 535,000
4 ~` 81 Navertord,PA 6,560 ` 530,762
` 82 Darien, CT 77,535 530,000
.t
'
83
I Westlake Village, CA
7,922
528,000
a~~ 84 'Piedmont, CA 10,543 525,000
,
~~
'
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~'~
' 85 !lake forest. IL 18,700 520,000
r''. S6 : iuzetlo Park, NY ~ 667 520
000
Pro'3i
"
: 87 P
~ ,
•
2
f '
ebble Beach, CA 4,663 ~ 519,000
88 Carmel-6y-the-Sea, CA 4,457 515,000
89 'Incline Vlllape
NV 9
500 515
000
. , ,
90 Brookline, MA 55,293 514,000
91 Armonk, NY ~ 2.823 ~ 510,000
.,~ Medina. WA 2,859 i 570,000
93 Weston, CT 9,068 506,250
94 Scarstlale, NY- 16,823 ~ 500,000 i
95 Cos Cob, CT '. 7,012 490,000 I
9G Los Gatos. CA 27,355 485,000
97 Long Groue,ll 6,018 ' 464,000
r.,c, ;~,ar. ~ woaYH 67
ru.~ s~ _-.. _.
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5E Westport, CT
P5 Santa Monica. CA
]OG Palo Alte, CA
707 Essez Fells. NJ
Bryn Mawr, PA'
±`j La Jolla, CA
I
.~
Del Mar, CA
_+' iL'S Grosse Pointe Shores, MI
'~ 106 Lincoln. MA
107 Manhattan Beach, CA
lOF . Rancho Palos Verdes, CA
iU9 ' . Villanova, PA
~'` tn~ 110 '. Hunters Creek Village. TX
~'
' 111 Newport Beach, CA
• 112 -. Short Hills, NJ
~ I Is Cold Spring Harbor, NY )LI)
~
~
: Burlingame. CA
Glencoe, IL
t'
r ~ .Rye, NY
Bradbury, CA
a~
... Indian River Shores, FL
~ ,~`T .. _ Roslyn, NY (Lq
u,,
-~'rt
~~
.J;;~ ~..~~ :~:-
Harrison;NY
~
*
' r-I i~l
I -. Franklin Lakes. NJ
1 1~2
~~ ~ 'Huntington Bay, NV
'
Y', "° d
~ _ - Ocean Ridge, Fl
~~
~~
_. Kiawah Island, SC
~'~~ ~ is : Pountl Ridge, NY
'2E Bedlord, NY
`% ~ East Hills, NY (LI!
}
1 _.. _: Menlo Park, CA
L
' 129 ' Chappaqua, NY
130 ,Manhasset, NY )Lp
~?~ 131 Wilton, CT
J ',r; _ ,Calabasas, CA
i~ .,
Larchmont, NY
~'~
I Rrverwoods, IL'
I Bunker Hill Village. TX
Woodbury, NY ILI)
~ Capliva. FL
7
,4;.' •~ ~
i '
Cupertino, CA
[
f F/-~'-!.~;_ ! 4i La Canada flinlridge, CA
..- Frontenac, MD
' Dover, MA
Llyde Hili, WA
Fnolewond Clills, NJ
Key Biscayne, FL
~I, Villa Park. CA
Kildeer, IL'
23.642 $483,000
86,904 482,500
55.898 481,000
2.058 460,000
3,271 i 477,250
35,000 ~ 476,000
5,211 475,000
2,921 475,000
7,757 475,000
31,149 475,000.
14,293 475,000
7,573 f 475,000
3,952 470,000
69,092 470,000
12,108 470,000 'I
4.815 466,750 I
26,666 I 466,500
8,296 465,000
14,976 '. 465,000
938 464;750
2,496 462,000
3,190 453,000
23,034 451,750
10,718 `. 450,000
1,521 450,000
1.707 450.000
718 447,500
5,024 445,250
1,907 445,000
6,683 445,000
28 A39 445,000
11,647 444,000
7,718 440,000
14,281 I 439,250
16,720 435,250
15,076 435,000
8,521 435,000
5,680 435,000
3,119 435.000
3.329 433,500
8,319 432,500
812 431,250
43,489 '. 430,000
18.560 430,000
3,959 428,750
3,374 ' 427,450
4.998 424,000
2.865 420,000
5,771 420.000
6.854 420,000
`,807 420,000
2.757 ~ 419,000
' ~ ~ "++ ~ WORTH F5
~'TJic ~;~~ I:;~cllt s-r Tt~r~n<
150
i Orinda. CA 1'.096 $-14.000
51 Oak Brook, IL 10.565 x76.DJd
~ 52 Wellesley, MA 22.282 »16.000
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~
i 153 _ Bedlord Hills. NY 5.999 415.000 ~,
~ 154
Bentleyville, ON
674 ,
»15.000
i
155 . DeerPark.ll 2.861 475.000
156
', Larkspur, CA
1'.069 !
415,000 ~
157
Lawrence, NY(Lq
6,573 I
x15.000
158 MiII Valley, CA 13.03 i 415.006 i!
159 Upper Saddle River, HJ 7.196 x70.000 '
I
160 Carmel Valley Village, CA 4.407 40i.00C
161 Waban. MA 5.548 »06.500
162 ' Coronado, CA 25.2E2 ~ ~.66:~
163 'Stone Harbor, NJ 1.025 a'!5.&00
164 _ EI Macero, CA 2.»98 »02.25'v
165 ~ Azharoken,NY i80 401.500
166 'North Barrington. IL 7 -g7 407,000 I
167 ' Greenbrae. CA 1.600 x04000
168 : Mission Hills, KS 3.575 400.000
!
169 : Coto de Caza, CA 3A5t 399.'15
170 Nantucket, MA 7.500 39°.500
171 Inverness, IL 7.823 398.600 ~'!
172 ~ ~ Ouague.NY~Lp lib 397,500
173
Summerland, CA
1.330 I
396.250 !
174 Gates Mills, OH 2.693 39x.000
175 Lafayette, CA , 24.217 391,000 I
i
176 Great Neck. NY (Lq 20,5'2 390.OD0
177 : Indian Wells, CA 3.0T 390.000
178 Sherborn, MA ' 4.630 390,000
179 !Southport, CT 3.535 390.000
180 :
Danville, CA
4D.O00 I
385,D00
181
Laguna Beach, CA
' 24.052 i
365.000 ~
182 McLean, VA 62.000 385.000
183 I Solana Beach, CA '.3.6DC ~°5.00;
184 Carlisle, MA 4.639 38a.DD0 '
185
Mountain Lakes, NJ
3]94 I
38"2.601,
I86 : Chester, NJ 7.037 361,500
187 Mercer Island, WA 20.816 381,500
188 Rye Brook, NY -]24 ,74.000
189 ' Town and Country, MO 1 C 622 '77.000
190 i Concord, MA 1-.366 375,OD0 !
191 : San Carlos. CA :6765 3;5.000
192 '
Fosler City, CA
26.1'6 I
3; 3AOC
i
193
Yarrow Poinl, WA
17De
3 I~ ,r;
194 : Hinstlale,ll 15.6x8 „r4GJ0
195 - Spring House, PA 2782 37QOG0 ~
196 Bingham Farms, MI' __- 369.956
197 Millbrae.CA 20412 36C~.6UR j
198 Colts Heck. NJ F-559 3GE; iSC
i
199 : Mountain View. CA 6'.x59 36S,i(1G
1 200 Potomac, MD -1:.633 363.04E
201 Chevy Chase, MD 15.69: 3GC]gn ,
GF W OF T H ! A'. :.~
~;ER FIERY RE(? ESCADA
..:. Susan Lucci ioov; the part
;he ~~Oridly ~i~e,~:, ~parvlmE,
a~~~o ,,^olished. L.",nouen her
c:. eer ,~ c, ~cc. ~:-.ne . ti3Cs
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202: Clayton, MO 13.874 5362.000
03 ' Belmont, CA 24.126 361,000
~
04 , t.incotnshitt, il' 4.931 360,500
205 Summit, NJ 19.366 351250
206 ` Pelham, NY 6,412 356,000
207 ; Irvington, NY 6,714 353.000
208 Nedwip Village, TX 2,616 352,500
209 Earl Williston, NY 2.475 350,000
210 : Eatons Neck, NY 1,537 350,000
211 San Anselmo,CA 11,742 350,000
212 Mendham,NJ 5.016 348.250
213 : Rossmoor, CA 9,892 346,500
214 Reddinp,CT 7,396 345,630
215 ; Agoura Hilis, CA 25,143 343.000
216 ; Sudbury, MA 16,079 ' 343,000
217 : Allendale, NJ 6,073 341,000
218 : Easlon,CT 6,303 340,000
219 'Hermosa Beach, CA 18,219 340,000
220 : Katonah, NY 13 189 340,000
221 ? Old Tappan, NJ 4,419 I 340,000
222 iopanpa, CA 5,305 340,000
223 Wilmette, I1 26,690 340,000
224 !Garden Cily, NY (Lp 21,388 335,000
225 : Poipu,Hl(Kauaq j 975 335.000
226 : Ho-Ho-Kus, NJ 3.959 333,750
227 Nastinps on Hudson, NY 8,000 333,000
228 : Millwood, NY 768 333,000
229 : Sunnyvale, CA 117,227 331,500
230 ; Belmont, MA 24,271 330,000
231 : Wayne, ft' 1,714 330,000
232 '. Winchester, MA 20,082 330,000
233 ~ Bodepa Bay, CA 1,127 327,700
234 Briarclill Manor, NY 7,180 327,500
235 : North Caldwell, NJ 1,132 327,500
236 : EI Granada, CA 5,376 327,000
237 : San Mateo, CA 85,485 325,500
238 Burr Ridge, IL' 9,271 325,000
239 : Rumson,NJ 6,309 I 325,000
240 . Newton, MA 82,585 322,000
241 Peapack/Gladstona,NJ ', 2,202 322,000
242 : Ro:lyn Heights, NY (Lq ' 6,476 322,000
243 : Northlield, IL 4.635 321,250
244 : Corte Madera, CA 8,700 ' 320.000
245 North Tarrytown, NY 8.152 320.000
246 ! Wyckotl, NJ 15.782 320.000
247 ' Holmdel, NJ 12.508 319.750
248 Arcadia, CA 51265 318,000
244 Greenvale, NY' 929 317.000
250: PortWashington,NYILI) 1°~,2i9 ;11;.000
T'hr dam was tompiieJ (corn f99h an.: W9- s.dn rrnv,l,• Ini
tingly family homrt ('drnotes 199.' Jara ). Wi rrhrd nn mu•n
neords, multiply-listing-trrrier due. an d fhr im•alu ahlr hrlp n(
Prutkntiat Rm! Ettatr and its many ~grn ts and hrokr rs in dv held.
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. --~.- ~ COMMENTS BEFORE THE TOWN COMMISSION
JUNE 2 1998
I would like to share with you today my growing concern relative to
Mary Ann Mariano, who has been absent from her job as Town Manager since
the last week of April 1998. On April 27, she advised us that she would be
"undergoing a surgical procedure on Wed. April 29 and subsequent to this
procedure I will be able to determine any additional necessary absence from the
office".She did not describe the nature of the procedure, where it was to be
performed, the name of the physican involved, and she has not told us of the
outcome. Moreover, since that April 27~' memo, we have received no formal
notification from her relative to the date of her anticipated return to work at the
office. On May 11 `~, the Town received, by mail, a memorandum dated May 5~'
addressed "To Whom It May Concern". Written by a nurse, it states that the
condition from which Mary Ann is suffering, has been ongoing since January,
1997 and that it is of such a nature that Mary Ann requires " a work place leave
of indeterminate length" from her duties as Town Manager. Mary Ann never
indicated to me or, as far as I know, to any one at Town Hall that she suffered
from such a debilitating condition. It did not prevent her from coming to Town
Hall to perform her duties from January, 1997 until April, 1998, which was just
three weeks after the EEOC held that she had "probable cause" to claim that she
had been harassed by the Town. Despite the recommendation in the nurse's May
5~' memorandum for a work place leave, Mary Ann comes to Town Hall on nights
and weekends, and she calls Town employees, from time to time, to issue
instructions. Last week she had a meeting with Town department heads via a
telephone speakerphone.
I feel strongly that we must be entirely fair in our dealings with Mary Ann
and I have no desire to do her any injury or harm. But, at the same time, I also
recognize that she and we are public servants. We must be fair to our residents
who are paying her a substantial salary to be present at Town Hall to oversee the
day-to-day operations of the Town. We need a full time Town manager, one who
is present 5 days a week to give direction and coordinate the activities of the
Town's 36 full and part-time employees; one who is available to the
Commission; and one who responds to the needs of the Town's citizens.
Currently, for example, the Town Department Heads are deeply involved in the
98!99 budgetary process. Substantial work that is critical for insuring the viability
of our Town's water, and sewer systems is now underway. No communications
have been received from Mary Ann at the last 4 Town Commission meetings;
there have been no customary Town Manager reports, oral or written, or updates
to the Commission on current issues. Because the summer season is traditionally
~ ~ ~ 3
fir.
'~ ~ ~-~- the time for employee vacations, ongoing management attention is needed to
ensure adequate staffing of all necessary Town functions. Additional burdens are
placed on employees when no Town Manager is present For example, inquiries
from citizens and others that are normally handled by the Manager must be dealt
with in some manner.
Under our Town personnel regulations, any employee who desires a
medical or personal leave must request it. If an employee is absent from work for
more than three days, on the grounds of illness, upon a supervisor's request, the
employee must support the request for a medical leave by a back-up certificate
from a medical doctor attesting to the condition that necessitates the leave.
Despite two requests in writing from me for a medical certificate, Mary Ann has
not responded until this morning. Instead, her attorney has written asserting that
by asking for the medical certificate is conduct that makes relations between the
Town Manager and the Town worse and accomplishes nothing. I think it is
disingenuous for her legal representative to make such a statement when I am
simply calling on her to comply with Town regulations. The Town Manager sets a
poor example for those she supervises when she does not feel bound to comply
with Town regulations. But, even more importantly, the taxpayers of this Town
would have a perfect right to charge the members of this Commission with
dereliction of their duties if they did not insist that Mary Ann comply with Town
. regulations. The nurse's memorandum is not a doctor's Certificate. If a doctor has
diagnosed her condition as being sufficiently serious to require her to absent
herself from Town Hall, it would seem a simple enough matter for her to produce
the required medical certificate. We, as Commissioners, owe it to our taxpayers
to insist on receiving such certificate if we expect our taxpayers to pay her salary
while she is away from Town Hall.
As you are aware, acting under the authority given to me by the Town
Charter, I have written a series of 5 letters to Mary Ann in an attempt to clear up
issues relative to her attendance sheets and her absence. In addition, I agreed with
the Finance Director's conclusion that the Town Manager is on a unexcused
absence. Such status requires a suspension of compensation. Because this matter
is of such grave import to our citizens and taxpayers, I would like to ascertain
from the members of this Commission that you agree with the action taken and
that the action was proper.
In order to get this before the Commission, I would appreciate a motion to
ratify the action and letters.
. AGV
6/02//98
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Town of Highland Beach
3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH. FLORIDA 33487
Palm Beach County, Florida
MEMORANDUM
To:
From:
Date:
Re:
Mary Ann Mariano
Town Manager
Arlin G. Voress
Mayor
May 28, 1998
Medical Doctor Statement
561-278-4548
FAX 561.265-3582
Mayor.
Arlie G. Voreas
Vice Mayor.
Thomas J. Reid
Commissioners:
David Augenatein
Michael W. Hill
John J. Sorre111
Town Manager.
Mary Ann Mariano
This memo is to follow up on my memorandum to and telephone conference with you on Friday,
• May 22, 1998, regazding your absence from the Town. As we have previously discussed, the
Town's Personnel Rules and Regulations require you to provide a medical doctor's statement to
substantiate the nature of your illness and the time frame within which the Town can expect you
to return to duty. 'fhe Town has previously requested and, to date, you have refused to provide
the Town with a medical doctor's statement.
If the Town does not receive a medical doctor's statement from you on or before 12:00 noon on
Tuesday, June 2, 1998, the Town Commission will determine what further action will be
appropriate. If there is a reasonable explanation for why you cannot provide the Town with a
doctor's statement on or before June 2, 1998, please so advise us in writing.
Please further note that your ongoing conduct of coming to Town Hall on nights and weekends
and attempting to conduct Town business by telephone appeazs to be inconsistent with the
statement in your nurse's May 5th letter that you need "a work place leave of indeterminate
length." Accordingly, the medical doctor's statement you provide to the Town should specify
what tasks your physician believes you cannot perform.
trust and hope that you will comply with the Town's Personnel Rules and Regulations.
• Arlin G. Voress
cc: Town Commission
Personnel File
"Tree City U.S.A."
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Town of Highland Beach
3614 SOUTH OCEAN BOULEVARD ~ HIGNLANO BEACH. RLORIDA 33487
Palm Beach County, Florida
MEMORANDUM
To:
From:
Mary Ann Mariano
Town Manager
Arlin G. Voress
Mayor
set-$~8-~s~s
FAX 581-883~358~
Mayor.
Arlin d. Vorea~
Vlcs Mayor:
Thomaa J. RNd
Commtu/oaan:
David AupMtHn
Mtohaal W. Hitl
John J. SoeealU
Town ManaBsr.
Mary Ana Masfaao
Date: May 22, 1998
This will confirm our telephone conversation of this morning concerning the request in
my memorandum of May 14, 1998 for you to provide to the Town a medical doctor's
certificate and statement required by the Town's Personnel and Rules and Regulations.
You have advised me that it is your position that a letter dated May 5, 1998 by Meg
Glaser-Parts, RN, LCSW is an adequate response to the Town's Personnel Rules and
Regulations. 1 have been advised by the Finance Director that the Town has always
requiried a medical doctor's certificate when an employee has been out for more that
three (3) days for sickness. It is his position that the May 5, 1998 letter is unacceptable
and does not comply with the Town's Personnel Rules and Regulations.
As you have failed to provide documentation of any medka/basis for your absence, the
Finance Director has recommended that your absence be classified as an unexcused
absence for which you will not be compensated. /concur with his evaluation of the
issue.
~~ - -
Arlin G. Voress
cc: Town Commission
Finance Depart~nt
Personnel File
~~
~ 6 N 1~~~~~ Town of Highland Beac
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r t• ; ~ i 361 4 SOUTH OGEAN BOULEVARD • HIGHLAND BEAGH. FLORIDA 33487
,,\- fl O R,O~ - 581-2'78-4548
~~~~~~~~~~~ Palm Beach County, Florida FAX 581-265-3582
To: Mary Ann Maziano
Town Manager
From: Arlin G. Voress
Mayor
Mayor:
Arlin G. Voress
Vice Mayor.
Thomas J. Reid
Commissioners:
David Augenstein
Michael W. Hlll
John J. Sorrelli
Town Manager.
Mary Ann Mariano
Date: May 14, 1998
The Town has received an interoffice memo from you dated Apri127, 1998, and a subsequent
letter from Meg Blaser-Porte, RN, LCSW, dated May 5, 1998, regazding your attendance at the
Town. As you should know, Article III, Section 1.5, of the Town's Personnel Rules and
Regulations, titled "Use of Sick Leave," requires aU Town employees to provide a medical
doctor's certificate to verify any illnesses that exceed three (3) consecutive working days. In
• addition, under the Section titled "Payment of Sick Leave," an employee is required to submit
a statement from the attending physician(s) as to the nature and duration of the illness.
The Town hereby requests that you provide the medical doctor(s) certificate and statement
required by the Personnel Rules and Regulations of the Towa. As you know, Meg Blaser-Porte
is not a physician and the Finance Department advises me that a letter from a registered nurse
is not acceptable documentation to entitle any Town employee to obtain sick leave benefits.
Naturally, we are concerned about your well-being. Should your absence be prolonged, the Town
will need to consider undertaking arrangements to insure the proper and timely performance of
your duties. We anticipate that you will keep us informed about your ability and intention to
perform your supervisory and management duties so that the Town can make appropriate
arrangements which will assist in your return to work and be beneficial for the smooth operation
and administration of the Town.
Thank you for your attention to and anticipated cooperation regazding this matter. The Town
looks forward to receiving the necessary information from your physician(s) in the immediate
future.
. ~ ~~
Arlin G. Voress
cc: Town Commission
Personnel File
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Palm Beach County, Florida 581-278-4548
FAX 561-285-3582 Town Manager.
Mary Ann Mariano
To: Mary Ann Mariano
Town Manager
From: Arlin G. Voress
Mayor
Date: May 14, 1998
This is in response to your memo dated May 11, 1998, regazding your prepazation and
flung of attendance reports with the Finance Department, as required by the Town's
Personnel Rules and Regulations. I asked the Town's attorneys to review your
employment contract of July 5, 1994. The Town's attorneys have confirmed that your
contract contemplates that your work hours may exceed the Town's regulaz business
hours. The Town's attorneys also advise, however, that your contract does not exempt
• you from the obligation of filing attendance reports and, frankly, I have always assumed
that you were complying with that aspect of the Town's Personnel Rules and
Regulations.
The Town's Personnel Rules and Regulations expressly contemplate that supervisory
employees, which explicitly includes the Town Manager, may be required to work
beyond the Town's regulaz business hours, but states all employees must timely file
attendance reports. Moreover, your attendance records can provide useful information to
assist Town Commission members, who are not typically at the Town on either a daily
basis or for the entire duration of the work day, to have a better understanding of the
scope of demands placed upon you as Town Manager and the number of hours which you
devote to the Town's business. This information would also be of fiu~ther assistance to
the Town Commissioners in evaluating your performance.
Thank you for your attention to and anticipated cooperation regarding this matter. I trust
that you will commence filing attendance reports in the immediate future as required of
all Town employees by the Town's Personnel Rules and Regulations and to comply with
my request.
Arlin G. Voress
Mayor
CC: Town Commission
Personnel File
"Tree City U.S.A."
MEMORANDUM
May 11, 1998
TO: Mayor Arlin G. Voress
FROM: Mary Ann Mariano
Town Manager
I am in receipt of your memo dated May 4, 1998 regarding the
preparing and filing of attendance reports with the Finance
Department, as required by the Town's Personnel .Rules and
Regulations.
As you are or should be aware, my hours of work unlike that of any
other employee including department heads, is governed by my
• employment contract and not the Town's Personnel Rules and
Regulations. In addition, unlike any other employee of the Town,
I have been required and have been available to the Town on a 24
hour, 7 day per week basis. Attendance reports for my working
hours are therefore meaningless. With regard to any chargeable
time (i.e., vacation, floating holidays, sick leave, etc.), the
records will reflect that I have always submitted appropriate leave
slips just like any other Town employee.
I would be happy to respond to any other concerns you might have
regarding this issue.
~~
Mary n Mariano
d ~~
/7
cc: Town Commission
Town Attorney
Finance Director
Personnel File
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Vlce Mayor.
Thomas J. Reid
Commissioneia:
3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH. FLORIDA 33487 DavidAugenstein
Michael W. Hill
John J. Sorrelli
Palm Beach County, Florida 561-278-4548
FAX 581-285-3582 Town Manager.
Mary Ana Mariano
MEMORANDUM
TO:
FROm;
DATE:
MARY ANN MAR/ANO
TOWN MANAGER
ARL/N G. VORES~"~
MAYOR
MAY 04, 1998
SUBJECT: TOWN EMPLOYEE ATTENDANCE REPORTS
The Director of Town's Finance Department, Stan Novak, has advised me that the
Finance Department has and maintains master attendance records for every employee,
including department heads, of the Town, with the sole and only exception of you. As
you should know, Article 3, Section 1 of the Town's Personnel Rules and Regulations
requires each employee to complete attendance reports and to file them with their
department heads who forward them to the Finance Department no later than the first
work day of each bi-weekly payroll period. The records are necessary so the Town can
track all employee vacations, sick leave, personal time and other absences from the
Town.
Please commence preparing and filing attendance reports with the Finance Department
as required by the Town's personnel Rules and Regulations.
cc: Town Commission
Mariano Personnel File
"Tree City U.S.A."
YOU
CANNOT `
~ BE
C
REFUSED!
You will receive unsecured credit with absolutely no credit check or
security deposit, regardless of your credit history. We guarantee you
- will receive 3-5 credit cards with a total credit line of $10,000! No
credit, bad credit or even credit worthy holders, learn how to obtain
credit cards with interest rates as low as 4.9%. To obtain your credit
line of $10,000, enclose $7..95 processing fee and $2.00 S & H.
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4747 Research Forest Drive
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The Woodlands, Texas 77381
*Guarantee: You wilt receive. $I0,000 in credit or
t
a your $9.95 will be refunded.
THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA
NOTICE OFATTORNEY-CLIENT PRIVATE SESSION
JUNE 2,1998 -1:30 P.M. OR
.~ AT THE CONCLUSION OF THE REGULAR TOWN
COMMISSION MEETING, WHICHEVER OCCURS LAST.
~ ,
~ THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA
WILL MEET IN AN ATTORNEY-CLIENT PRIVATE SESSION IN
ACCORDANCE WITH SECTION 286.011(8), FLORIDA STATUTES. ON
~; TUESDAY, JUNE 2, 1998, AT 1:30 P.M. OR AT THE CONCLUSION OF THE
~" REGULAR TOWN COMMISSION MEETING WHICHEVER OCCURS LAST, IN
t` THE TOWN COMMISSION CHAMBER, 3614. S. OCEAN BOULEVARD,
HIGHLAND BEACH, FLORIDA 33487.
THE PURPOSE OF THE PRIVATE SESSION IS FOR THE TOWN
COMMISSION AND COUNSEL TO DISCUSS SETTLEMENT NEGOTIATIONS
AND STRATEGY RELATED TO LITIGATION EXPENDITURES -FOR' THE
LITIGATION PENDING IN THE CASES OF CHARGES OF DISCRIMINATION
FILED BY MARY ANN MARIANO WITH THE U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION, MIAMI DISTRICT CHARGE NO. 150982328
(FORMERLY 150972328) AND CHARGE NO. 150980321. THE ENTIRE
SESSION WILL BE RECORDED BY A CERTIFIED COURT REPORTER.
THE FOLLOWING PERSONS WILL ATTEND THIS ATTORNEY-CLIENT
PRIVATE SESSION: TOWN COMMISSION MEMBERS - ARLIN G. VORESS,
MAYOR; THOMAS J. REID, VICE MAYOR; DAVID AUGENSTEIN,
COMMISSIONER; MICHAEL W. HILL, COMMISSIONER; JOHN J. SORRELLI,
COMMISSIONER; THOMAS E. SLINEY, ESQ., AND LARRY CORMAN, ESQ.
THE MEETING WILL BE CONVENED IN THE TOWN COMMISSION
CHAMBER AT 1:30 P.M. OR AT THE CONCLUSION OF THE REGULAR
TOWN COMMISSION MEETING, WHICHEVER OCCURS LAST. AT THE
CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE MEETING
SHALL BE REOPENED AND THE MAYOR SHALL ANNOUNCE THE
TERMINATION OF THE SESSION.
AUTHORITY: SECTION 286.011(8), FLORIDA STATUTES.
PUBLISH: BOCA RATON NEWS
MAY 29, 1998
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