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2004.08.03_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, August 3, 2004 1:30 P.M. Mayor Thomas J. Reid called the Regular Meeting to order in Commission Chambers at 1:30 P.M. Mayor Reid offered an apology to the public due to his adjournment of the July 26 meeting without the meeting being completed. He asked that the Commission resort to the Town's code and Robert's Rule of Order. He quoted the town code that the Town Manager shall have the general supervision over all Town affairs. The Mayor has the authority to suspend the Town Manager and shall report his or her action in writing with reason therefore and promptly call a special meeting to the next regular or special meeting of the Commission for its approval or disapproval of his actions. He also quoted, that upon vacancy in the position of Police Chief, the Town Manager shall present to the Town Commission a ranked list of all applicants for that position, which was done. According to the Code, the Commission shall meet monthly and the Mayor shall take the chair and direct the proceedings. Rule No. 3, The presiding officer shall enforce order • and decorum and appoint all standing and special committees, unless the commission otherwise directs. Rule No. 6, Any motion, resolution or ordinance may be withdrawn by the mover or proposer at any time before amending or putting to a vote. Rule 12, No member of the Commission shall speak on any question or discuss any matter, nor interrupt another, nor make a motion, without first addressing the presiding officer and obtaining his recognition. Mayor noted that there is a special meeting following this meeting for the purpose of setting the millage and the public hearing. Acting Town Clerk Jane Dillon called the roll. The Mayor, Vice Mayor Joseph J. Asselta and Commissioners Robert L. Lowe,Rachael Scala-Pistone and Miriam S. Zwick were present. Town Attorney Thomas E. Sliney and Acting Town Manager Doris Trinley were also present, as were members of the general public. After roll call, the Pledge of Allegiance was given. 'I. '~:DL•ITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Mayor, Reid had one addition to the Agenda. Alan Teller is eligible for reappointment to the Financial Advisory Board, therefore he would like to add his name to item 4B. ~~ • Town Commission Meeting Tuesday, August 3. 2004 Page 2 of 8 2. PUBLIC COMMENTS AND REQUESTS Officer Carlo Angelillo expressed his dismay at some remarks that were made about him at the July 26, 2004 Special Meeting which he finds untrue, and wishes to clarify the remarks. He stated that he was not going around saying he would be the next Chief, and that he was not already negotiating a contract. Jim Newill 3210 S. Ocean Blvd., feels Town is putting "cart before the horse" by selecting the town manager within a month. As Mayor Reid identified what the Town Manager does, by overseeing the Chief of Police, he believes the Town would benefit from the new Town Manager's opinion of these candidates and give him/her the opportunity to interview the individual that he/she would be supervising. Mayor Reid responded that the process of hiring a new Chief began in April, with no hint that the Town Manager would be leaving, and that the Acting Town Manager can easily handle this issue. Arthur Eypel opposes three items the Commission has discussed at current meetings. He read his report into the record which is attached hereto and made a part of these • minutes. 3. PRESENTATIONS (1) CHIEF KERRY KOHN, DELRAY BEACH FIRE/RESCUE Chief Kohn spoke on the level of service resolution which is on today's agenda (item 5(2). He noted that Highland Beach is serviced by a City that meets the criteria. This item is on the Delray Agenda tonight, and whatever direction that commission takes tonight will be an indicator to Highland Beach as to what the Town's position might be. Tom Sliney suggested the Town adopt what resolution Delray Beach chooses. Vice Mayor Asselta asked about the chlorine tanks in the water plants and the possibility of leaks. (2) THERESA LE PORE, PBC SUPERVISOR OR ELECTIONS Ms. Le Pore spoke about the voter awareness campaign, encouraging residents to register to vote, encouraging absent tee ballot voting if they can't make it to the polls. Commissioner Lowe asked about the number of precincts in town. Ms. Le Pore noted that the school board district line determines the new precinct at the north end of town. S~e~stated'ihat the original first precinct was split due to the amount of voters in town, the third. precinct was formed due to the district line. She also noted that a municiple election ca:~ he combined into one precinct but a county election must have the three se~iarate precincts. • • Town Commission Meeting Tuesday. August 3. 2004 Page 3 of 8 (3) MARK HANSEN, PBC SCHOOL BOARD MEMBER (DISTRICT 5) Mr. Hansen, 3912 S. Ocean Blvd, Highland Beach thanked the town for its endorsement of his reelection campaign for school board, and being able to meet his goals. (4) SEAN T. SKEHAN, CH2MHILL HYDROGEOLOGIST Mr. Skehan, who is replacing David Schuman, presented an update on the water plant. He reviewed a list of items which need to be completed. With some of these changes, there will be some additional cost, approximately $30-$35,000. (5) COLIN BAENZIGER, COLIN BAENZIGER & ASSOCIATES Mr. Baenziger noted that 21 applicants applied for the Town Manager job. This group has been narrowed down to ten and will be brought down to seven. He reviewed the timeline he has established for the hiring process. 4. BOARDS AND COMMITTEES A) BOARD CORRESPONDENCE: NONE B) BOARD VACANCIES: One (1) on Code Enforcement Board • One (1) on Financial Advisory Board (Allen Teller up for reappointment). Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER LOWE, MR. Teller was reappointed to the Financial Advisory Board. MOTION met with unanimous rollcall vote. C) BOARD ACTION REPORT: No report was read into the record. D) MONTHLY BOARD MEETINGS: The Mayor read into the record scheduled meetings for the month of April. 5. PROPOSED ORDINANCES AND RESOLUTIONS (1) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH THAT IT IS GIVING NOTICE TO THE PALM BEACH COUNTY WIDE BEACHES AND SHORES COUNCIL OF ITS INTENT TO WITHDRAW MEMBERSHIP ON THE BEACHES AND SHORES COUNCIL WITH AN EFFECTIVE DATE OF JANUARY 3, 2005. Upon MOTION by COMMISSIONER SCALA-PISTON/COMMISSIONER ZWICK motion carried unanimously. • Town Commission Meeting Tuesday, August 3, 2004 Page 4 of 8 (2) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING RESOLUTION NO. 818 AND RE-AFFIRMING THE COMMITMENT OF THE TOWN TO ATTAIN AND COMPLY WITH MINIMUM FIRE-RESCUE LEVEL OF SERVICE STANDARDS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE we will use the language that Defray adopts tonight at their meeting. Motion carried unanimously. (3) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO EFFECT A TAX LEVY BASED UPON THE 2004 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. (first reading) This item will carry over for adoption. (4) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROPRIATING FUNDS FOR THE FISCAL YEAR 2004-2005 • BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. (first reading) This item will carry over for adoption. 6. NEW BUSINESS SELECTION OF NEW CHIEF OF POLICE Mayor Reid noted that 21 applicants applied which the committee narrowed down to seven. There was a motion passed on July 26 to accept the four candidates and the candidates were interviewed on August 2, with selection to be August 3. It was noted that Vice Mayor Asselta had a motion passed that the Commission interview with the four internal police applicants which was done this morning. In the order of the next rollcall, each Commissioner shall indicate a name of their choice for Police Chief of Highland Beach. Any applicant who gets three votes or more, a motion will be made to select the new Chief. The following vote was taken. Commissioner Lowe Commissioner Scala-Pistone Commissioner Zwick Vice Mayor Asselta • Mayor Reid Deputy Chief Lou Pascoe Officer Carlo Angelillo Deputy Chief Gwendolyn Pascoe Glenn Goss and James Martz Gwendolyn Louise Pascoe Town Commission Meeting Tuesday, August 3. 2004 Paae 5 of 8 MOTION was made by Commissioner Zwick/Commissioner Lowe to offer Mrs. Pascoe the office of the Chief of the Town of Highland Beach with the understanding that the Town Attorney and the Town Manager will negotiate a contract. Vice Mayor Asselta stated that all of Mrs. Pascoe's qualifications do not apply to Highland Beach. That the Town needs someone who knows the residents, knows the local police departments and the area. A contract wil{ be prepared by the Town Manager/Town Attorney and presented to the Commission for review at a Special Meeting. Commissioner Lowe suggested that in the event Mrs. Pascoe declines the offer, a second candidate be selected. The following rollcall vote was taken to accept Gwendolyn Pascoe. Commissioner Scala-Pistone No Commissioner Zwick Yes Commissioner Lowe Yes Motion carried 3/2 Vice Mayor Asselta No Mayor Reid Yes The following rollcall vote was taken for nominee for second place. Commissioner Zwick James Martz Commissioner Lowe Glen Goss Commissioner Scala-Pistone Glen Goss Vice Mayor Asselta Glen Goss Mayor Reid Glen Goss MOTION was made by COMMISSIONER. SCALA-PISTONS/COMMISSIONER LOWS to accept Mr. Goss as a second choice. The following rollcall vote was taken to accept Mr. Goss. Commissioner Lowe yes Commissioner Scala-Pistone yes Commissioner .Zwick yes Motion carried unanimously Vice Mayor Asselta yes Mayor Reid ~ yes • . Town Commission Meeting Tuesday, August 3. 2004 Page 6 of 8 7. MISCELLANEOUS -ITEMS LEFT OVER (1) CONSIDERATION OF INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY WIDE COASTAL COUNCIL. This was addressed earlier at 5(1). MOTION was made by COMMISSIONER SCALA- PISTONENICE MAYOR ASSELTA to approve. Vice Mayor Asselta felt the Commission needs to appoint a representative from Highland Beach and an alternate. This will be done by resolution. The following rollcall vote was taken. Commissioner Scala-Pistone yes Commissioner Zwick yes Commissioner Lowe yes Motion carried unanimously Vice Mayor Asselta yes Mayor Reid yes • (2) CONSIDERATION OF FINANCIAL ADVISORY BOARD RECOMMENDATION RE RANKING OF AUDITORS. Mayor read the Financial Advisory Board's memo with recommended rankings as follows: 1) Nowlen, Holt and Miner, P.A. 2) Keefe, McCullough & Co. 3) Rachlin, Cohen & Holtz, LLP 4) Harvey, Branker & Associates MOTION was made by COMMISSIONER LOWE/COMMISSIONER SCALA-PISTONE to approve the ranked list, noting that Nowlen, Holt and Miner, P.A. will be come the Town's new outside auditor. The following rollcall vote was taken. Commissioner Zwick yes Commissioner Lowe yes Con~imissior?er Scala Pistone yes Motion carried unanimously Vice Mayor .Asselta yes Mayor Reid yes • Town Commission Meeting Tuesday, August 3 2004 Page 7 of 8 (3) CONSIDERATION OF DATE CHANGE RE R.O. PLANT OPENING It was suggested that the opening celebration for the water plant be postponed to later in the year when more residents are in town. This would not postpone the actual opening of the plant. Discussion showed that the early part of November may work. (4) MINUTES FOR APPROVAL: JUNE 29 WORKSHOP JULY 6 SPECIAL (ACTING TOWN MANAGER/TOWN CLERK) .JULY 6 REGULAR MEETING Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER LOWE subject minutes were approved. 8. REPORTS -TOWN COMMISSION COMMISSIONER MIRIAM S. ZWICK thanked the police department, especially the four very interesting, competent officers who appeared before the Commission at the • last minute. They were all highly impressive and how proud she was to have the opportunity to speak to them. COMMISSIONER SCALA-PISTONE also noted how impressed she was with the four officers of the Town and that the Commission should have choosen from within our Town because of the fact that they. have much knowledge about the department. She expressed saddness that they were not given more consideration. Also, that the new Town Manager should have been involved in the selection process. COMMISSIONER LOWE No report. VICE MAYOR ASSELTA Stated that in the process of selecting the Chief, we did not look within, and give the four a first chance to interview before going to the outside. He hopes that will never happen again, and in the future he will pay more attention to how these processes of committee setups are made. MAYOR REID also stated how impressed he was with the four employees he spoke with and their positive attitudes, which regrettably the Mayor had been holding an impression of. He noted that they are all competent in the areas of their employment, and if he had said something to Carlo Angelillo that he misinterpreted, or was offended by, the Mayor apologizes, as he would never offend anybody and say anything rude. 9. REPORTS -TOWN ATTORNEY No report. • Town Commission Meeting Tuesday. August 3, 2004 Page 8 of 8 10. REPORTS -TOWN MANAGER No report. 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Colin Baenziger stated that whatever dates the Commission wished to interview can be worked out. Judy Asselta 3450 S. Ocean Blvd., noted her disappointment in the process for the selection of Police Chief and that the public was not involved. She praised Vice Mayor Asselta at giving a rundown of the candidates. Mrs. Asselta also stated that at least two weeks ago she was told by a resident that Mrs. Pascoe was going to be the Town's new police chief. This was also a disappointment in the process. 13. ADJOURNMENT With no further business to come before the Town Commission, MOTION to adjourn was • made by COMMISSIONER SCALA-PISTONE/COMMISSIONER LOWE at 3:10 p.m. APPROVAL: Mayor Thomas J. Reid ~Y~.c~...~~~.. __ ~ Vice Mayor Zw~c~~L Commissioner Commissioner Robert L. Lowe Commissioner Rachael Scala-Pis ATTEST:. QATE: • ~