1981.04.20_BAA_Minutes_WorkshopI
MINUTES: BOARD OF ADJUSTMENT, TOWN OF HIGHLAND BEACH, FLORIDA.
QUARTERLY WORKSHOP MEETING, APRIL 20, 1981.
is Chairman R. F. Blosser called the meeting to order at 7:32 p.m., and
explained that it was a workshop meeting inasmuch as there was no formal
business that had been brought to the board.
Present: Chairman R. F. Blosser, Vice Chairman W. J.
Wernecke, Secretary F. C. Scofield, Jr. and regular
members E. E. Aldrich and A. J. Kiefer.
Absent: Lester Levine and Albert Kahler, first and
second alternate, respectively. Mr. Levine had tele-
phoned to say he would not be present.
Copies of various items received by the Chairman since the board's pre-
vious meeting were passed among the members, including:
1) Memorandum from Town Manager, dated January 21, 1981,
addressed to Chairmen of various boards concerning
notification to persons appearing on agendas. Such
procedure has been a long-standing practice with regard
to all hearings of the Board of Adjustment.
2) Note from Town Manager forwarding copy of Ordinance 407
• adopted by the Town Commission February 3, 1981, relating
to "providing for the defense and indemnification of
any officer or employee of the Town in any civil action
... relating to his or her performance of duties."
3) Memorandum from L. S. Miller, Recording Secretary,
dated March 19, 1981, to Board of Adjustment members
and those of two other boards relating to "distribution
procedure for board notices."
4) Also available was the 1979-80 fiscal year Annual
Report of the Town Manager.
The "distribution procedure for board notices" was discussed. All five
members stated they regarded the procedure as inappropriate and unwork-
able for the Board of Adjustment inasmuch as it has no regular schedule
of meetings and the meetings themselves are relatively few in number
during the year. One member asked if anyone knew where "the mail file,
located in the rear of the Chambers, at Town Hall", was located. None
did. Another member inquired whether any member intended to make regular
visits to Town Hall to see whether the Board of Adjustment members were
being given any notices. All stated they would not make such visits.
C]
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MINUTES: BOARD OF ADJUSTMENT, TOWN OF HIGHLAND BEACH, FLORIDA.
QUARTERLY WORKSHOP MEETING, APRIL 20, 1981.
• Discussion then centered on what form of notice was considered the more
appropriate --written, as has been traditional, plus telephoning in summer
months when believed necessary to assurance of presence of a quorum; or
by telephone, as was apparently done in case of the immediate meeting
although written notice was posted at Town Hall as legally required.
Two members indicated they would be satisfied with telephone notice, if
that was an easier and less expensive procedure at Town Hall, although
two or three pointed out that with the necessity of multiple calls during
a day or over a period of days to contact some members, it was believed
written notice would be both less expensive and more efficient.
Another member stated he had not personally received such notice, but that
his wife had taken such a telephone call. A fourth stated that he had
received no telephone call or notice of any kind, and did not know of the
meeting until asked by another member whether he wished to ride with him
to the meeting. A fifth member stated he definitely preferred written
notices, particularly since a formal notice of meeting had to be typed
for posting in any event and that it should be easier, and less easy to
forget on the receiving end, if a copy of the required posting were simply
mailed to members as in the past. This member also expressed the question
•of whether telephone notices could be considered as legal notices in the
event that a case was being brought to the Board of Adjustment. He
apparently had in mind that, in a controversial matter, the vote might
be affected by absence of a regular member due to lack of a written notice,
whether intentional or not, and that such might provide a technical basis
for litigation by a displeased application even though the chances of
such probably would not be great.
It was left that Chairman Blosser would inform the Town Manager of the
board's view that notices to the members are essential, and that he would
work out a satisfactory arrangement to that regard. He said he would
suggest continuation of written notices as in the past, unless there arose
an emergency situation in which case telephone notices to the members
themselves would be regarded by the board as sufficient.
Members received individual copies of the Town Manager's April 16, 1981,
memorandum to the Town Commission concerning the updated "Status of
Building Development in the Town." This was studied with interest.
Francis Hamzik, Building Official, then filled in various details con-
cerning many of the projects --those in an active status --and responded
to questions from the members concerning aspects of a number of them.
• There being no further business, the meetin wa �5-jo�urne�dab�ou�181:40 p.m.
APPROVED:
R. F. Bl/b6trer, hai man W Tcke Vnehairman
RPR bcorleldA Ur. ecy. ie e i
4722/81