1995.01.03_TC_Minutes_Regular~ a
• TOWN OF HIGHLAND BEACH. FLORIDA
Minutes of Town Commission Meeting
REGULAR MEETING
Tuesdav, January 03, 1995 1.30 PM
Mayor Arlin Voress called the Regular Meeting to order in
Commission Chambers at 1:30 PM.
Deputy Town Clerk Doris Trinley called the roll. The Mayor, Vice
Mayor Bill Paul and Commissioners John F. Rand, David Augenstein
and Arthur Eypel were present.
Town Manager Mary Ann Mariano and Town Attorney Thomas E. Sliney
were also present, as were Building Official Lee Leffingwell and
members of the general public.
After roll call, the Pledge of Allegiance was given.
ADOPTION OF AGENDA
The Agenda was adopted as written upon MOTION by COMMISSIONER
AUGENSTEIN/VICE MAYOR PAUL.
APPROVAL OF MINUTES
The Minutes of the November 29, 1994 Workshop Meeting and December
06, 1994 Regular Meetings were unanimously approved upon MOTION by
COMMISSIONER RAND/COMMISSIONER AUGENSTEIN, after corrections to
the Workshop Minutes were made and agreed upon.
At this time, it was also noted that the Commission will hold an
advertised Special Exception Hearing/Special Meeting on Friday,
January 20, at 1:30 PM.
PUBLIC COMMENTS AND REQUESTS
Victor Hadeed, Vice Chairman of the Financial Advisory Board,
suggested that, in light of various counties facing financial
difficulties due to unsound investments, the Commission assure
residents that the Town's investments were not placed in anything
speculative or risky. Commissioner Rand and Town Manager Mariano
responded, advising the Town's investments were indeed very
conservative, consisting of Treasury bonds and participation in the
Florida State Pool, which had recently issued a bulletin assuring
investors that no monies had been placed in derivative or leverage
funds.
REPORTS - TOWN COMMISSION
• Vice Mayor Bill Paul reported that those copies of the Newsletter
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Town Commission
Regular Meeting - Minutes
Januarv 03, 1995 Page 2 of 4
that are mailed, rather than delivered in bulk, bear a Boca Raton
address instead of the rightful Highland Beach address. He asked
that the printer be apprised of this problem and correct it.
The Vice Mayor also referred to a large pile of sand blocking the
bike path in the south end of Town near Boca Highland, which does
not appear to be connected with any project, and asked that proper
Town Staff check into the matter of having it removed. Building
Official Leffingwell responded that she was aware of the problem,
which was created by Southern Bell; she said she will continue to
try to locate the crew responsible for it.
Commissioner John F. Rand referred to the Town Code Book and asked
for clarification regarding its indexing. Ms. Mariano advised that
the Town Charter and the Town Code of Ordinances, both contained
within the same Town Code Book, are indexed separately.
The Commissioner next inquired about the origin and purpose of the
Agenda Action Report. Ms. Mariano responded that she had initiated
the report a number of years ago in an effort to inform board
members, department heads, staff and residents, in a timely manner,
• of the actions taken by the Commission. She noted that Minutes are
necessarily not officially approved for quite some time after a
meeting is held, while the Agenda Action Report is a vehicle which
provides immediate information to all interested parties. In a
discussion regarding the accuracy of such a report, it was noted a
disclaimer from the Town Clerk's Department is always added at its
conclusion, acknowledging that only officially approved Minutes
constitute a true and accurate account of any Town Commission
meeting.
Commissioner David Augenstein, Commissioner Arthur Eypel and Mayor
Voress had no reports; however, the Mayor conveyed best wishes for
1995 on behalf of all the members.
REPORTS - TOWN ATTORNEY
Attorney Sliney noted there had been recent developments in the RTC
litigation proceedings and deferred to Ms. Mariano for a report on
same.
REPORTS - TOWN MANAGER
Before addressing the RTC matter, the Town Manager referred to her
recommendation made at the December 1994 Workshop regarding the
necessity of personnel changes in the Town Clerk's Department to
ensure its continued smooth and efficient operation. She
reiterated that Town Clerk Anne Kowals had been on extended sick
leave since late October, and at this date there was no indication
• Town Commission
Regular Meeting - Minutes
January 03, 1995 Page 3 of 4
as to when she would return. Ms. Mariano then presented to the
Commission a copy of a resolution repealing resolution No. 574
(which appointed Mrs. Kowals Town Clerk) and implementing said
personnel changes. She read the resolution itself into the record,
requesting that the Commission approve it. Upon completion of its
reading, the resolution, appointing Deputy Town Clerk Doris Trinley
as Acting Town Clerk and Mrs. Kowals as Deputy Town Clerk, was
unanimously approved upon MOTION by VICE MAYOR PAUL/COMMISSIONER
RAND. It was then noted for the record that this change will not
affect Mrs. Kowals' salary or benefits.
Regarding the RTC litigation, Ms. Mariano advised that the 11th
Circuit Court of Appeals had issued an order vacating its previous
opinion and the Town had been granted a re-hearing, which would
take place in February during the week of February 13. All present
responded enthusiastically to this welcome news, and joined with
Commissioner Rand in complimenting the dedicated efforts of Mayor
Voress and Town Manager Mariano to move this litigation in a
favorable direction for the Town.
Advising the Town's Appellate Attorney had indicated the addition
of an associate attorney would be beneficial to his efforts on
behalf of the Town during the course of the re-hearing, Ms. Mariano
requested the Commission approve her allowing this additional
expenditure. COMMISSIONER RAND/COMMISSIONER AUGENSTEIN moved to
approve this request, followed by unanimous favorable vote.
Before proceeding to the next agenda item, Mayor Voress reiterated
the Commission's offer to meet with condominium/homeowner
associations, or any of the Town's residents, to provide
information on this litigation.
REPORTS - BOARDS AND COMMITTEES
The Board Action Report for the month of December 1994 was received
as information.
After reading the list of scheduled Board meetings for January,
Mayor Voress noted a vacancy each on the Community Appearance Board
and Planning Board. Complimenting John Littlejohn on a job well
done upon completion of his six-year CAB term, and noting Domenic
Marino's resignation from the Planning Board, the Mayor called for
nominations to fill these vacancies. Upon nomination by
COMMISSIONER RAND, Alfred Bresnahan was appointed to the Planning
Board and Paul R. Kane, Sr. to the Community Appearance Board, each
for three-year terms.
It was also noted that although a date has yet to be set, there
will be a meeting of the Financial Advisory Board during the month
of January.
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Town Commission
Regular Meeting - Minutes
Januarv 03, 1995 Page 4 of 4
PROPOSED ORDINANCES AND RESOLUTIONS
The following ordinances were given first reading:
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
CHAPTER 30, ENTITLED "ZONING," SECTION 5.1(a)(1) AND (b),
RELATING TO THE HEIGHT LIMITATIONS OF FENCES, WALLS AND
HEDGES.
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING
CHAPTER 23 OF THE CODE OF ORDINANCES ENTITLED "SIGNS AND
ADVERTISING" IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF
NEW CHAPTER 23 ENTITLED "SIGNS AND ADVERTISING.
It was noted for the record that the amendment to Chapter 30 will
be considered at an advertised public hearing.
At this time, Commissioner Eypel noted that the Department of
Transportation, not the Town, had recently removed real estate
signs from their right-of-way. (50' from crown of road) . It was
also noted that other municipalities had experienced the same DOT
action. Building Official Leffingwell added that no
"informational" signs (entrance, exit, street number
identification) were removed.
REGULAR BUSINESS (Items Left Over/Consent Agenda)
None.
ADJOURNMENT
There being no further business to come before the Commission at
this time, the meeting was adjourned upon MOTION by COMMISSIONER
AUGENSTEIN/COMMISSIONER EYPEL at 2:10 PM.
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APPROVE:
Ar~in G. Voress, Mayor
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Arth/I1ur Eypel, Co missioner
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Bi 1 Paul, Vice Mayor
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David Augenstei
F. Rand, Com issioner