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1996.12.31_TC_Minutes_Workshop.r r J f ~ ./ ~' ~ A` TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, December 31, 1996 1.30 P M Vice Mayor John F. Rand called the Workshop Meeting to order in Commission Chambers at 1:30 P.M. Town Clerk Doris Trinley called the roll. The Vice Mayor and Commissioners Arthur Eypel, David Augenstein and Thomas J. Reid were present. Mayor Arlin G. Voress was absent. Also present were Town Attorney Thomas E. Sliney and Town Manager Mary Ann Mariano, as were members of the general public. After roll call, the Pledge of Allegiance was given. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Upon MOTION by COMMISSIONER REID/COMMISSIONER EYPEL, the Agenda was accepted as presented. 96.1 PUBLIC COMMENTS AND REQUESTS. 7 Jason Brotsky (4517 S Ocean Boulevard) presented pictures of erosion damage to the beach at his residence created by recent high winds, and asked if there was any way the Town might assist in rectifying the situation. It was explained to Mr. Brotsky that all beaches in Town were private; therefore, the Town could not become involved. However, after substantial discussion, Commissioner Eypel, a long-time beachfront resident, invited Mr. Brotsky to contact him after the meeting, at which time the Commissioner would give him the name of a firm which could be of assistance.. Charles Russo (1110 Bel Air Drive) asked if the Commission might consider adopting an ordinance which would prohibit the use of "leaf blowers" in Town. He said the noise from these machines is almost constant, as each of the properties in his area employ landscapers on different days, and is ruinous to the tranquility of the Town, which initially attracted many people. Mr. Russo presumed other areas of Town might suffer the same problem. After substantial discussion, Town Manager Mariano noted that any ordinances of this nature now in existence could be tracked through Municipal Code Corporation, and this will be done. Talent Bank Applicant Charles D. Cohen was interviewed by the Commission, saying he would be happy to serve on any Board they deemed appropriate. F, , ~ Town Commission Workshop Meeting - Minutes December 31, 1996 Page 2 of 3 96.2 BOARDS AND COMMITTEES Vice Mayor Rand announced a vacancy on the Board of Adjustment, noting Robert F. Selby had completed his allowable term. The Vice Mayor thanked Mr. Selby for his service and requested the Commission consider appointing a member to this Board at the January 07, 1997 Regular Meeting. There was no Board Correspondence to consider. 96.3 PROPOSED ORDINANCES AND RESOLUTIONS There were no ordinances or resolutions to consider. MISCELLANEOUS - ITEMS LEFT OVER Two (2) sets of Minutes were moved to the January 7 Regular Meeting for further consideration and possible adoption: November 26, 1996 - Workshop Meeting December 03, 1996 - Regular Meeting REPORTS - TOWN COMMISSION Only Vice Mayor John F. Rand gave a report. He referred to the Town Hall renovation/expansion, noting it will be completed by mid- 1997 with no increase in taxes; also, the various building projects which are in place will eventually add substantially to the Town's assessed valuation, which would in turn favorably affect the Town's tax base. Concluding his report, the Vice Mayor referred to the recent consensus problem experienced by the City of Boynton Beach Commission members regarding the hiring of a City Manager and, to prevent a similar situation for future Highland Beach Commissions, requested consideration of an amendment to Ordinance No. 611 to reflect a vote of 3-2 for the hiring/firing of a Town Manager. Vice Mayor Rand noted that in 1991 he had amending the Town Charter (Section 2-47 B) to for the hiring/firing of the now Town adoption of Ordinance 611 (6/5/91). adoption of the ordinance was made a not have an employment contract; h subsequently put in place (Resolution he felt afforded utmost protection adequate severance in the event she and, therefore, the 4-1 hire/fire vo~ initially proposed reflect a 4-1 vote Manager, and this was done by The Vice Mayor noted the a time when the Manager did >wever, such a contract was No. 648, dated 7/5/94), which of her position, including is terminated without cause e was no longer necessary. t~ ~ ~• ,~ Town Commission Workshop Meeting - Minutes December 31, 1996 Page 3 of 3 The Vice Mayor requested that the Town Attorney draft a proposed ordinance in this regard for discussion purposes at the January 7 Regular Meeting. (A verbatim transcript of Vice Mayor Rand's remarks is attached to made part of these Minutes.) All Commission members were unanimous in extending best wishes for a Happy New Year to all. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney had no report. REPORTS - TOWN MANAGER ' Town Manager Mary Ann Mariano had no report. ADJOURNMENT There being no further business to come before the Town Commission, Vice Mayor Rand adjourned the Workshop Meeting at 2:05 P.M. dmt APPROVE : ~~~~~~- Arlin G. Voress, Mayor G~wc'~C ~ ~` 4.ti~5 Q ~~ David Augenste n Commissioner `'CJ~i 6-r1~ C~,d._ ~~ Thomas J. Reid, Commissioner ~_~ . ATTEST: DATE : / /~ ~ Y' , ~.. ~ t , TC~ MAYOR JOHN F. RAND'S REPORT-12/31/97 WORKSHOP MEETING " VERBATIM TRANSCRIPT BUT THERE IS ONE ORDINANCE THAT I PROPOSED TN NNE 1991 THAT [FEEL WOULD BE IS SEAC~TION 2-4'7 (B~OF ORDINANCE NUMBEi~ WHICH ~~O 0 PAGE 128 OIF OURT. IT CODE BOOK AS FOLLOWS: 'THE TOWN COMMISSION SHALL APPOINT A TOWN MANAGER FOR AN INDEFI1~iITE TERM BY AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE TOWN COMMISSION. THE TOWN MANAGER MAY BE DISMISSED BY THE TOWN COMMISSION FOR CAUSE AND AFTER A HEARING BY AN AFFIRMATIVE VOTE OF NOT LESS THAN FOUR MEMBERS OF THE TOWN COMMISSION. WE HAVE ALL OBSERVED RECENTLY THE PROBLEMS EXPERIENCED BY THE GOVERNING BODY OF THE CITY OF BOYNTON BEACH IN HIRING A NEW MANAGER WHEREBY A MINORITY FACTION OF TWO MEMBERS CREATED AN IMPASSE IN HIRING A CANDIDATE RECOMMENDED BY AN EMPLOYMENT CONSULTANT. WHEN I PROPOSED THE ABOVE ORDINANCE, MRS. MARIANO DID NOT HAVE AN EMPLOYMENT CONTRACT AND THE PROTECTION THAT GOES WITH SUCH A CONTRACT BUT WE HAVE SUBSEQUENTLY GIVEN• HER ONE WHICH PROVIDES HER WITH ADEQUATE SEVERENCE IN THE EVENT THAT SHE IS TERMINATED WITHOUT CAUSE. I PERSONALLY FEEL THAT A MAJORITY VOTE OF THREE MEMBERS INSTEAD OF FOUR SHOULD SUFFICE TN THE HIRING OR FIRING OF A TOWN MANAGER AND TN DEFERENCE TO ANY FUTURE ELECTED TOWN COMMISSION MEMBERS I WOULD LIICE TO PROPOSE AMENDING THAT SECTION OF ORDINANCE 611 ACCORDINGLY. I THEREFORE ASK MY COLLEAGUES TO REFLECT ON THIS MATTER AND DECIDE AT OUR NEXT REGULAR MEETING ON JANUARY 7 WHETHER THEY AGREE OR 'NOT TO THIS PROPOSED AMENDMENT. IN 'THE MEANTIME I WOULD SUGGEST THAT OUR TOWN ATTORNEY PREPARE A DRAFT OF THE AMENDMENT NEEDED TO BE ADOPTED IF' OUR TOWN COMMISSION APPROVES IT. i THAT' S THE END OF MY REPORT.