1995.07.05_TC_Minutes_Regulara. '~ f
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Wednesdav, July 05, 1995 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 and
Commissioners Arthur Eypel and David Augenstein were present. Vice
Mayor Bill Paul and Commissioner John F Rand were absent.
Town Manager Mary Ann Mariano and Town Attorney Thomas E. Sliney
were also in attendance, as were members of the general public
Following roll call, the Pledge of Allegiance was given.
ADOPTION OF AGENDA
The Agenda was amended to include discussion of a proposed letter
of engagement from Attorney Charles F. Schoech under the Town
Manager's Report, and a proposed ordinance amending the "Bonds"
section of the Town Charter. Both related to the Settlement
Stipulation regarding the remainder of the Town's debt to the
Resolution Trust Corporation pertaining to the "Hidden Harbor"
property.
Upon MOTION by COMMISSIONER EYPEL/COMMISSIONER AUGENSTEIN, the
Agenda was accepted as amended.
APPROVAL OF MINUTES
Upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER EYPEL, the
following sets of Minutes were unanimously approved:
May 15, 1995 - Special Meeting
May 30, 1995 - Workshop Meeting
June 06, 1995 - Regular Meeting
PUBLIC COMMENTS AND REQUESTS
None.
REPORTS - TOWN COMMISSION
There were no reports forthcoming from the Commission members.
Town Commission
Regular Meeting - Minutes
Julv 05, 1995 Page 2 of 4
REPORTS - TOWN ATTORNEY
Town Attorney Thomas E. Sliney reported that he had received the
City of Boca Raton's resolution and signed agreement (with the
Town) regarding the Town's property located on Northwest 70th
Street in Boca. Advising there were still a few administrative
items to be reviewed by the Town Manager, Mr. Sliney said this item
will appear on the July 25 Workshop Meeting Agenda.
REPORTS - TOWN MANAGER
For their information, Ms. Mariano referred the Commission members
to the current issue of Oualitv Cities magazine, wherein
legislators' voting records on bills pertaining to several key
municipal issues were printed (presumptive diseases, ex parte
communications, property rights, etc.)
The Town Manager next noted Attorney Schoech's proposed engagement
letter regarding his work for the Town on the necessary bond
project to honor the remainder of the Town' s debt to RTC on the
"Hidden Harbor" property Settlement Stipulation, and deferred to
. Mr. Schoech so he could explain particulars to the Commission and
answer any questions they might have.
Mr. Schoech advised he had conferred with Town Attorney Sliney
since transmitting said letter and, consequently, there would be
several revisions made. Mr. Schoech said he and Attorney Sliney
would work together on this, and the revised copy of the proposed
letter would be transmitted to the Commission for review well in
advance of their July 11 Special Meeting wherein it would be an
agenda item along with the bond presentations.
During the course of discussion, Mr. Schoech noted that the letter
would define roles and responsibilities, identifying Mark Raymond
Esq. as bond counsel and Mr. Schoech as issuer's (Town's) counsel.
REPORTS - BOARDS AND COMMITTEES
The Board Action Report for the month of June was accepted as
information. It was noted there were no Board vacancies at this
time and no Board correspondence to review.
PROPOSED ORDINANCES AND RESOLUTIONS
(1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
ORDINANCE NO. 642, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR
1994, WHICH BEGAN OCTOBER 1, 1994 AND WILL END SEPTEMBER 30,
1995. (First Reading June 06, 1995; Published June 15, 1995.)
• Town Commission
Regular Meeting - Minutes
July 05, 1995 Paae 3 of 4
This ordinance was given final reading and unanimously adopted upon
MOTION by COMMISSIONER EYPEL/COMMISSIONER AUGENSTEIN.
(2) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
SECTION 6.01 IN ITS ENTIRELY AND REPEALING SECTIONS 6.02,
6.03, 6.04 AND 6.05 OF THE TOWN CHARTER UNDER ARTICLE VI
ENTITLED "BONDS" AS ADOPTED IN ORDINANCE NO. 636; AND
PROVIDING AN EFFECTIVE DATE. (First Reading.)
This proposed amendment to the Charter, necessitated by the bond
issue to resolve the Town's remaining debt to the RTC regarding the
"Hidden Harbor" property, was briefly discussed, with Attorney
Sliney advising that he woud make some revisions to the language of
-..the body of the ordinance. It will be an agenda item at the July
25th Workshop Meeting.
(3) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SETTING
SOLID WASTE COLLECTION CHARGES FOR FISCAL YEAR 1995/1996.
Upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER EYPEL, this
resolution was unanimously adopted.
• REGULAR BUSINESS
Items Left Over
MONTGOMERY WATSON SCOPE OF SERVICES PROPOSAL FOR EMERGENCY REPAIR
OF WELL NO. 7.
Brief discussion took place regarding this project, with Town
Manager Mariano advising that it is Montgomery Watson's hope to
complete it under their estimated cost of $94,956. She further
advised that under recommendation of the Town Attorney, the only
change to the proposal, which was agreed to by Montgomery Watson,
was on page 3 in the first sentence under "Schedule." Instead of,
"...from the receipt of Notice to Proceed," the language was
changed to read, "...from the receipt of this Scope of Services
executed by the Town."
Concluding discussion and upon MOTION by COMMISSIONER
AUGENSTEIN/COMMISSIONER EYPEL, the proposal received unanimous
approval.
Consent Agenda
The following items constituted the Consent Agenda; all were
unanimously approved upon MOTION by COMMISSIONER
AUGENSTEIN/COMMISSIONER EYPEL:
. Town Commission
Regular Meeting - Minutes
Julv 05, 1995 Pane 4 of 4
1) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, STRONGLY SUPPORTING THE PROGRAMS
AND SERVICES OFFERED BY PALM BEACH COMMUNITY COLLEGE;
REQUESTING THAT THE LEGISLATURE OF THE STATE OF FLORIDA
SUPPORT THIS COMMUNITY COLLEGE BY PROVIDING ADEQUATE
FUNDING; REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY TO JOIN THE MUNICIPAL LEAGUE IN ITS
EFFORTS TO PERSUADE THE STATE LEGISLATURE TO PROVIDE
ADEQUATE FUNDING FOR PALM BEACH COMMUNITY COLLEGE;
REQUESTING OTHER MUNICIPALITIES TO SUPPORT THIS
RESOLUTION; PROVIDING AN EFFECTIVE DATE.
2) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING PERSONNEL RULES AND REGULATIONS TO INCLUDE DRUG
FREE WORKPLACE POLICY AND OTHER ADMINISTRATIVE CHANGES.
3) POLICY RE PROCEDURE FOR HANDLING RTC-RELATED REQUESTS.
(Copy Attached to and made part of these Minutes.)
12. ADJOURNMENT
There being no further business to come before the Board at this
time, the meeting was adjourned upon MOTION by COMMISSIONER
AUGENSTEIN/COMMISSIONER EYPEL at 2:00 P.M.
dmt ~ ~'"~
APPROVE : ~ -7_„~-~`~G~i.~~ ~~-,.t-~----L
Arlin G. Voress, Mayor
B~11 P~„ul, Vice Mayor
ss~oner
~,
David Augenstei Commissioner
-ABSENT-
John F. Rand, Commissioner
ATTEST:
DATE:
.'~ ~ . ,
HODGSON, BUSS, 1~NDREWS, WOODS & GOODYEAR
(A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS)
1800 ONE MST PLAZA 400 EAST AVENUE
BUFFALO. NY 14203 ATTORNEYS AT LAW
(716) 856-4000 2000 GLADES ROAD, SUITE 400 ROCHESTER, NY 14A07
MST FAX 716 649-0349 (716) 454-6950
( ) BOCA BATON, FLORIDA 33431 FAx (716) a54-4698
GUARANTY FAX (716) 852-5185
THREE CITY SQUARE
ALHANl', NY 12207
(518) 465-2333
FAX (518) 465-1367
THOMAS E. SLINEY, P.A.
PARTNER
BOCA BATON (407) 394-0500
PALM BEACH X407) 736-2177
BROwARD(305)764-2440
FAx (305) 427-4303
June 12, 1995
3 ROBERT SPECK PARKWAY, SUITE 660
T'IISSISSAUOA, QNT. CANADA L4Z 206
~PAACTICE RESTRICTED TO U.S. LAW]
(903) 566-5061
FAX (905) 566-2049
~.~'~.' .r ..
BY FAX 407/ 265-3582 AND
U.S. FIRST CLASS MAIL
Ms. Mary Ann Mariano
Town Manager
Town of Highland Beach
3614 South Ocean Boulevard
Highland Beach, FL 33487
Ui.i ~..~ ~ i.,~U U t..:7± J
RE: CZR, INC. LETTER/FUTURE RTC-RELATED REQUESTS
Dear Mary Ann:
~ I am writing pursuant to the Workshop Meeting discussion
of May 26, 1995, and information received subsequent thereto.
Regarding the May 17, 1995, letter from CZR, Inc., set forth below
is a proposed procedure for handling such requests for review by
you and the Town Commission:
1. The Town Commission can anticipate that in the
future a number of questions or requests will be directed to the
Town concerning interpretation and construction of the RTC
Settlement Stipulation. Such questions or requests should be
directed to the Town Manager.
2. Questions or requests from the RTC, its agents or
affiliates are required to be directed through the RTC and
accompanied by a letter of authorization from the RTC to establish
their validity. The RTC is to be advised of Town policy
immediately upon receipt of such questions or requests.
3. Upon receipt of a request the Town Manager will meet
with the Building Official and the Town Attorney to determine the
proper disposition of the 'request. If it is determined that the
request can be handled by Town staff the appropriate staff person
will handle the matter. If it is determined that the matter should
be referred to the Town Commission, the Town Manager will forward
the matter to the Town Commission.
.,
r
HODGSON, BUSS, ANDREWS, WOODS SG GOODYEA$
BY FAX 407/265-3582 AND
U. S. FIRST CLASS MAIL
Ms. Mary Ann Mariano
Town Manager
Town of Highland Beach
June 12, 1995
Page Two
4. In all instances a copy of the questions or requests
received from the RTC, it agents or affiliates will be posted on a
clipboard in the Town Commission office so that the Town
Commissioners will be advised of all incoming questions and
requests.
5. Matters requiring a reply from an Attorney for the
• Town will be determined and directed to the appropriate attorney by
the Town Attorney. It is anticipated that in many, if not most
cases, the appropriate attorney w311 be Rusty Roberts or Sam
Daniels, as requests will most likely involve interpretation and
construction of the Settlement Stipulation. Since Rusty and Sam
represented the Town in the Settlement Stipulation they would be in
the best position to answer and respond on the Town's behalf.
Additionally, because my law f irm was conflicted out in the RTC
litigation I do not feel it is appropriate for me to advise the
Town on interpretation or construction of the settlement agreement.
6. Financial aspects of RTC-related matters should be
directed to Mr. Charles Schoech who handled the financial aspects
of the Settlement Stipluation. Accordingly, Mr. Schoech should
review and approve the procedure and amendment language for the
proposed Town budget amendment to fund the settlement agreement, as
well as other documents needed to implement the financial part of
the Settlement Stipulation.
Please distribute a copy of this letter to the Town
Commissioners for their review and comments concerning this
proposal.
Very tr y yours,
• Tho as E. Sliney
TES:ss
12577.16
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