1994.04.26_TC_Minutes_Workshop•.~/~ . ti
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
WORKSHOP MEETING
Tuesday, April 26, 1994 1:30 p.m.
In the absence of Mayor Arlin Voress, Vice Mayor Bill Paul called
the Workshop Meeting of the Town Commission of the Town of Highland
Beach, Florida, to order in the Commission Chambers at Town Hall
at 1:30 p.m. Others in attendance were Commissioners John F. Rand,
and David Augenstein. Commissioner Arthur Eypel was also absent.
Also present were Town Attorney Thomas E. Sliney, Town Manager Mary
Ann Mariano, Town Clerk Anne M. Kowals, CMC, Police Chief William
Cecere, and members of the general public.
Noting the last two Workshop Meetings had fallen on Members' birth-
days, Commissioner David Augenstein extended best wishes for a
• Happy Birthday to Commissioner John F. Rand.
ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
The Commission accepted the Agenda as submitted.
94.1 Public Comments and Requests
No individual addressed the Town Commission at this time.
93.8 Discussion re Adelphia Cable
Town Manager Mary Ann Mariano noted there is nothing new to report
with regard to Adelphia Cable.
94.2 Boards and Committee
Vice Mayor Paul, noting there are two vacancies on the Financial
Advisory Board and one vacancy on the Community Appearance Board,
stated the Commission will consider filling these vacancies at the
May 03, 1994, Town Commission Regular Meeting.
The Vice Mayor acknowledged receipt of the 04/13/94 Planning Board
Memo regarding Unity of Title on Town Lot 129 East. Town Attorney
Sliney, noting the Planning Board reviewed this matter and recom-
mended the request to release Unity of Title on said lot be denied,
. advised this issue will soon come before the Town Commission for
their review and consideration.
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• Town Commission Workshop Meeting Minutes
April 26, 1994
Page 2 of 4
ANNUAL REPORT presented by POLICE CHIEF WILLIAM CECERE
Chief William Cecere, in his Annual Report, noted the Police
Department had operated, during 1993, minus two employees due to
one officer's illness and another officer's retirement. Noting the
number of traffic and parking citations, water violations issued,
as well as services rendered by his staff, the Chief stated his
department supervised the maintenance employees, for a period of
four months, during the absence of Ted Hanna, Supervisor of the
Maintenance Department.
94.3 PROPOSED ORDINANCES AND RESOLUTIONS
1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
REPEALING SECTION 6.4 (f) OF CHAPTER 30, ENTITLED
"ZONING," OF THE CODE OF ORDINANCES OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, PERTAINING TO DISCONTINUANCE OF
NONRESIDENTIAL NONCONFORMING USES.
The proposed ordinance, read by title only by Vice Mayor Paul, was
given first reading on 04/05/94 and published on 04/15/94. The
Vice Mayor noted same will be the subject of the advertised Public
Hearing on Thursday, April 28, 1994, at 5:01 p.m. This ordinance
will be on the May 03, 1994, Town Commission Regular Meeting Agenda
for further discussion and possible adoption.
MISCELLANEOUS - ITEMS LEFT OVER
Status of Building Development in Town
Members received and reviewed the Status of Building Development
in Town, a report submitted by the Building Department.
Minutes for approval at May 1994 Regular Meeting
Three sets of Town Commission Meeting Minutes (March 29, April 05,
and April 14, 1994) were reviewed and moved to the May 03, 1994,
Regular Meeting Agenda for consideration.
REPORTS - TOWN COMMISSION
Vice Mayor Bill Paul
Vice Mayor Bill Paul had no report at this meeting.
Commissioner Arthur Eypel
Commissioner Arthur Eypel was absent - no report.
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Town Commission Workshop Meeting Minutes
April 26, 1994
Page 4 of 4
The League is requesting each municipality donate a sum of $200.00
for this project. Noting Mayor Voress encourages the support of
this request, it was the consensus of the Commission to place this
matter on the May 03, 1994, Regular Meeting Consent Agenda.
Town Manager Mariano reported the Aids/Hepatitis "Presumption" of
Job-Related Disability Bill and the Property Rights Bill did not
pass in the State Senate.
Alluding to the Hurricane Preparedness Conference attended by the
Mayor, Chief Cecere, Beachwalk East Condo Manager Jere Smingler,
and the Town Manager, a request to approve the cost, up to
$7,500.00, for printing up-dated 'Hurricane Preparedness Booklets'
was moved to the May 03, 1994, Regular Meeting Consent Agenda.
ADJOURNMENT
There being no further business to come before the Town Commission
at this time, Vice Mayor Paul, upon proper Motion, adjourned the
Workshop Meeting at 1:55 p.m.
APPROVED: (Absent)
Arlin Voress, M r
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Paul, Vide
(Absent) (.U`~~'~G~l
Arthur Eype Commie Toner...
Rand `~ o is Tone
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David Augenstein,(~Commissioner
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HODG30N, RU33, ANDREWS, WOODS & GOODYEAR
To: Town of Highland Beach Commission
From: Thomas E. Sliney
Date: April 22, 1994
File No./Re: Statement to be read at the April 26, 1994
Town Commission Workshop Meeting concerning
RTC case decision
I am sure that all of you have read in the newspapers
that the 11th Circuit Court of Appeals has affirmed the decision of
the District Court in favor of the RTC and against the Town. While
at the present time the next course of action to be taken by the
Town has not been decided by the attorneys for the Town handling
the Appeal, I do know that it is the feeling that "precedent
setting error" is contained within the Appeals Court opinion.
Accordingly, a Petition for Rehearing is very likely to be made on
the Town's behalf and a Petition for Certiorari to-the U. S.
Supreme Court will be considered.
With regard to the decision itself, I would like to point
out that neither the present Town Commission nor the present Town
Manager were in any way involved in the actions which gave rise to
this lawsuit. Additionally, I would like to point out that the
Appeals Court in its opinion makes numerous references to the
warnings I as Town Attorney gave to the prior Town officials that
their actions would have adverse legal consequences.
Unfortunately, those officials chose not to heed my advice and
consequently this litigation ensued.
This Town Commission and Town Manager have worked
assiduously to bring about as reasonable a settlement of this
litigation as possible. Good lines of communication have been kept
up between the RTC and the Town during the entire litigation. The
Town has already been contacted by the RTC about sitting down with
the Town to see where we go from here. The Town Commission and
Town Manager will continue to work towards as favorable a
resolution of this litigation as is possible.
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