1989.04.17_TC_Minutes_Special~'*"`
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
SPECIAL MEETING
Monday, April 17, 1989
Mayor Joseph A. Boulay
of the Town of Highlan~
Chambers at Town Hall.
Commissioners Doris R.
1:30 P.M.
called the Special Meeting of the Town Commission
3 Beach to order at 1:35 P.M. in the Commission
Others present were Vice Mayor John J. Basso,
Rome, Marvin A. Waldman and Betty Jean Stewart.
Also in attendance were Town Attorney Thomas E. Sliney, Town Manager
Mary Ann Mariano and Deputy Town Clerk Anne M. Kowals.
Mayor Boulay noted that the Special Meeting was called to review the
Broadview Savings/Hidden Harbor matter prior to a settlement conference
scheduled for Tuesday, April 18, 1989 at 10:38 A.M. in West Palm Beach.
Attorney Sliney advised the Town Commission that the settlement confer-
ence will take place before Magistrate Ann Vitunac. Attorney Sliney
explained that in many cases, a judge will appoint a special magistrate
to see if a case is near settlement; this hearing which will take place
at the U. S. Court House, Clematis Street, West Palm Beach, will be more
• of a mediation than a hearing.
Continuing, Attorney Sliney noted that Attorney Roberts (representing
the Town's Insurance Carrier) will be present at the settlement confer-
ence and it is suggested that as many Town Commissioners as possible
should attend. Attorney Sliney further noted that Judge Zloch is aware
that the Highland Beach Town Commission is a public body and, as such,
it is not empowered to give anybody any authority to make a settlement.
Attorney Sliney stated that if this case goes to trial, it will be in
Federal Court; and, we have to be prepared because it could be on Judge
Zloch's May calendar.
It was noted that settlement conferences are informal and anything said
at a settlement proposal can not be used in trial. Attorney Sliney
explained that this case has been going on for a number of years;
discovery is completed, we will analyze where we stand on this case,
analyze the law and decide what should be done. We go to a conference
to caucus among ourselves, then collectively give our thoughts, from a
legal standpoint, on the matter.
Following substantial discussion regarding the scheduled settlement
conference, Commissioner Stewart suggested reiterating what has been the
policy of the Town Commission for years--that no one person on the Town
Commission, or anyone else, has the authority to make a determination
regarding zoning except the five members of the Town Commission, as a
body, at a public hearing (meet and so discuss-and so vote at a public
meeting). With regard to this Town Policy, Commissioner Stewart drafted
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Town Commission Special Meeting Minutes
April 17, 1989
Page 2 of 2
a letter and requested that, if it is approved by the Town Commission,
same be delivered to the Honorable Ann Vitunac on April 18, 1989 at the
settlement conference.
Town Manager Mariano cited paragraph 3 of Attorney Roberts' letter dated
April 7, 1989, which conveyed to the Court the same message that is
contained in Commissioner Stewart's proposed letter.
Following discussion of the proposed letter, COMMISSIONER WALDMAN MOVED
that the Town Commission send a copy of this letter to the Magistrate.
The MOVE, SECONDED by VICE MAYOR BASSO, carried with five "AYEp votes.
It was noted that the proposed letter would be signed by Mayor Joseph A.
Boulay.
Upon MOTION by VICE MAYOR BASSO/COMMISSIONER-WALDMAN, Mayor Boulay
adjourned the Special Meeting of the Town Commission at 2:10 P.M.
APPROVED:
Jos ph A. Bou
•
Jokln/ J .
ATTE
Date:
Mayor
,~ Vice,-~Niayor
Doris R. Rome, Commissioner
Marvin A. Waldman, Commissioner
Betr:~y Jean Stewart, Commissioner