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.