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2011.05.03_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, MM 3, 2011 1:30 PM Mayor Bernard Featherman called the Regular Meeting to order in Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Miriam S. Zwick; Commissioner John J. Pagliaro; and Commissioner Dennis J. Sheridan. Commissioner Doris M. Trinley was absent due to illness. Also present: Town Attorney Tom Sliney; Interim Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; Deputy Finance Director Cale Curtis; Assistant to the Town Manager Zoie Burgess; and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence in honor of members of the military, both living and deceased. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Mayor Featherman asked for any additions or deletions. Receiving none, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REOUESTS Joe Asselta — Casuarina 1) Last week I gave some wrong advice and it had to do with the Lyric Chamber Orchestra. I thought our Charter provided for recreation. But it does not. Obviously the orchestra is not a charity. They are a form of recreation. You would have to change the Charter to cover this expense. Here in Highland Beach, we do not have any Town sponsored recreation events. 2) Last week there was a Hearing at the Appellate Court. Prior to this Hearing, the newspapers and TV's vilified us, because they did not do their homework. There was hardly anything correcting all the erroneous articles published. The action taken by the prior Commission was wholly substantiated by the Judge. 3) On the agenda is the drafting of a Financial Advisory Board. I make a strong suggestion that at least two members have a strong financial background. On the previous Board, only two members, John DeMarcus and Jim Newill, had financial background. You need some experience. After Jim Newill left the Board, and they were asked for some advice, we were told to hire an expert. Town Commission Regular Minutes May 3, 2011 Page 2 of 7 3. PRESENTATIONS • None 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • Attached C) Board Vacancies • Beaches & Shores Advisory Board — One full term D) Monthly Board Meetings • Special Magistrate — May 5`h - Canceled • Beaches & Shores Advisory Board — May 10t` — Canceled • Planning Board — May 11 t' — Canceled • Bd. of Adjustment — May 17t' — Canceled 5. PROPOSED ORDINANCES AND RESOLUTIONS A) ORDINANCE NO. 11-001 O — Second Reading and Public Hearing AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, RE-ESTABLISHING THE CODE ENFORCEMENT BOARD WHICH WAS DISCHARGED AS OF JULY 1, 2009 IN ACCORD WITH ORDINANCE NO.09-003 O. Town Clerk Brown read Ordinance No. 11-001 O, title only, into the record. Mayor Featherman — Opened the Public Hearing. Receiving no comments, the Public Hearing was closed. Mayor Featherman asked the Commission for comments. MOTION: Vice Mayor Zwick moved to adopt Ordinance No. 11-001 O — An Ordinance of the Town of Highland Beach re-establishing the Code Enforcement Board which was discharged as of July 1, 2009 in accord with Ordinance No. 09-003 0; seconded by Commissioner Pa lg iaro. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Sheridan - Yes Mayor Featherman - Yes Motion passed with a 4-0 vote. Town Commission Regular Minutes May 3, 2011 Page 3 of 7 6. NEW BUSINESS None 7. MISCELLANEOUS — ITEMS LEFT OVER: • None 8. REPORTS — TOWN COMMISSION A) Commissioner Dennis J. Sheridan — I would like to say a few words regarding our Interim Town Manager Kathleen Weiser, who has been in our employ for the last four months. Over the past few weeks I have taken the time to meet and speak to all our Department Heads as well as many employees regarding the performance and acceptability of Mrs. Weiser. It was unanimous that she had been well received and has a good relationship with all. They also mentioned she does not micromanage and holds each Department Head responsible for their department. The most promising observation that I made was the employee morale is extremely better than it was months ago. I have also met with her on several occasions and have found her to be very professional, courteous and helpful. She is a team player. As we all know, we will soon be hiring a full time manager and at the appropriate time I ask my fellow Commissioners to give serious consideration to hiring Mrs. Weiser. I feel there is no need to conduct another search for this position which would be costly and time consuming. We have found a real gem and a perfect fit for our Town and Community. I ask my fellow Commissioners to recognize her qualities and act accordingly. B) Commissioner John J. Pagliaro — I would concur with what Commissioner Sheridan has just stated. I have experienced very similar meetings with the Interim Town Manager. She has shown that she would like to make Highland Beach the best it can be. I agree with the comments about employee morale. Her door is always opened and she is acceptable to fresh ideas. I agree 100% with Commissioner Sheridan. C) Commissioner Doris M. Trinley —Absent. D) Vice Mayor Miriam S. Zwick — I wish the best of health to Commissioner Trinley who we miss this afternoon. I always have a funny feel about Boards that rubber stamp. I remember a gentleman on the Board of our condo when I was president who would always vote last. If there were four votes in favor he would vote no. If there were four votes against, he would vote yes. I do not believe in that. If this is going to be a rubber stamp, it sounds like a very good one. I concur with my fellow Commissioners. Commissioner Pagliaro — I left out one thing. One of the strong points of our Town Manager is that she has a good sense of humor. E) Mayor Bernard Featherman — I have a few things to say: 1) I would like to see us take a vote on the Financial Advisory Board today. I feel that will give us a check quarterly in what we are doing in the finance end of Highland Beach. Town Commission Regular Minutes May 3, 2011 Page 4 of 7 2) I also would like to talk briefly of what you also just discussed. There are two things we can do, since we have to have terms worked out. We can have a proposal with the Commissioners nominating someone to investigate hiring a Town Manager. Or, if we do not want another search and feel satisfied, we could then go to our Interim Town Manager. That is something I would like to leave to the Commissioners to decide. I have found our current Town Manager very willing and able to do the job. We have to do something and we have a limited time to do it. We are only talking about a month and a half. If we decide to conduct a search, we would have to get an extension of the agreement with the current Interim Town Manager. She would also be considered on the finalist. It is something to think about. Vice Mayor Zwick - If we are in semblance of joint agreement, perhaps we could speed the process by having the perspective Town Manager meet with our Town Attorney and Mayor to discuss the outline of a contract. That would be the first step. Commissioners Sheridan and Pagliaro both agreed. Mayor Featherman — I feel we have one of the finest running government organizations here in our community. I would like to see that embellished by going further. 3) My third recommendation is to set up a 3-year strategic plan for our community. Where do we want to go in the future? It has never been done before. I have spoken to several people including a former Vice Mayor and Commissioners and they all think it is a good idea. If that meets with your approval, I would like to vote on that as well. Vice Mayor Zwick, Commissioner Pagliaro and Commissioner Sheridan agreed. MOTION: Vice Mayor Zwick moved to set up a Committee consisting of the Mayor, Town Attorney and Interim Town Manager to discuss and formulate an agreement resulting in a proposed contract with the Interim Town Manager. Proposal to be submitted at the May Workshop Meeting. Motion seconded by Commissioner Sheridan. Discussion: Vice Mayor Zwick — Proposal should result in an easy calm transition. Voice vote taken with all in favor. MOTION: Vice Mayor Zwick moved to investigate setting up a Financial Advisory Board. Research to include: seeking out people; meeting quarterly; and assignment of responsibilities. Motion seconded by Commissioner Pagliaro. Discussion: Town Attorney Sliney — Have a question. I reviewed some of the prior Financial Advisory Board Resolutions going back to 1982. I am not sure what you have in mind in regards to the constitution. In other words — 3, 5 or, 7 members? Do you want us to present something to you? Mayor Featherman — I think we can have either 5 or 7. We do not want this hung up. I think that it is important that we establish this Board. We have money in banks. We need to check rates. We have to investigate other ways to do our investments. If we have a hurricane here that wipes us out, we have to make sure that we are protected. We need to protect that money as well. I would make it 5 or 7. Town Commission Regular Minutes May 3, 2011 Page 5 of 7 Vice Mayor Ziwck — The point that I am making of why I would be in favor of 7, is that in the past sometimes it has been very difficult to gather a quorum. If you have five the quorum is three, which is easy to meet. Is that number really sufficient for this important job? A quorum for seven would be four. It might be harder, but I think it would be more worthwhile. Town Attorney Sliney — I would agree with that because of the issues we have had in the past with quorums. Mayor Featherman — I think that we have people here that want to volunteer and donate their time. I would feel if they are going to volunteer, they have to make a commitment that they are going to attend the meetings. If they miss one, that is one thing. But if they miss multiple, they should resign. Voice vote taken with all in favor. Mayor Featherman — Strategic Plan — I would like to make a proposal that each Commissioner recommend somebody who would sit on that Advisory Board. We would have five people. They will work up a 3/5-year strategic plan. Also recommend that the Mayor appoint the Chairman. MOTION: Vice Mayor Zwick moved to approve the establishment of a five member Strategic Plan Advisory Board. Each Commissioner to appoint one member, with the Mayor appointing the Chairman. The Strategic Advisory Board to recommend a 3-year plan, working closely with the Commission. Discussion: Manager Weiser — Strategic Plans are common in municipalities. The key to it involves the elected officials. The strategic plan is policy. It is basically what you want and where you want the Town to go for the next 3/5 years. If you are going to have some kind of committee, they should be working directly for you. Comm. Pa liaro — It should be specifically understood that the Committee is being appointed in an advisory capacity to the Commission. Voice vote taken with all in favor. 9. REPORTS — TOWN ATTORNEY No report. 10. REPORTS — TOWN MANAGER Mr. Ferraro brought up at the last meeting the possibility of getting a sign installed at the intersection of A I A and Spanish River. I have been in touch with FDOT, and they are looking into it. We should have an answer within the next couple of weeks. Town Commission Regular Minutes May 3, 2011 Page 6 of 7 Lift Station #1 Update: The landscaping has been completed. The gate will be installed within the next two weeks; and the carbon filter canister has been installed. Congratulated Commissioner Sheridan on successfully completing and passing one of the FEMA courses. I believe Vice Mayor Zwick has also completed that course. Vice Mayor Zwick stated no, she had taken an Ethics and Sunshine Law course. 11. CONSENT AGENDA Mayor Featherman asked if any item needed to be removed from the Consent Agenda. MOTION: Commissioner Sheridan moved to accept the Consent Agenda as presented; seconded by Comm. Pa lg iaro. Vice Mayor Zwick questioned whether we had actually taken a full -page ad in the Quality Cities Magazine last year. Reply — Information indicating that we had purchased a full -page ad was included with the materials at the Workshop. Voice vote with all in favor. Town Clerk Brown read the Consent Agenda into the record A) Appointment of Susan Hiles as the Beaches & Shores Advisory Board's Liaison to the Sea Turtle Program. B) Appointment of Ronald Clark to the Planning Board for a two-year term (05/03/11 — 04/30/13). C) Authorization for the Mayor to sign the NPDES Third Term Permit Interlocal Agreement Between the Northern Palm Beach County Improvement District and the Town of Highland Beach. D) Authorization to Place a Town Ad in the Conference Issue of Quality Cities Magazine. E) Minutes March 29, 2011 - Workshop Meeting April 5, 2011 —Regular Meeting 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Cannizaro — Bel Lido Drive Just a point of clarification on the strategic plan. I thought I heard the Town Manager recommend that it was the purview of the Commission to develop that plan. But then I thought I heard that a committee would be forming the plan. Wasn't sure how to interpret that. Can you clarify? Comm. Sheridan — Believe it is the committee that will report back to the Commission. Comm. Pa lg iaro — It is an advisory committee. They will make their recommendation to the Commission and the Commission will decide if they want to accept their recommendations. Mr. Cannizaro — They will determine the different aspects of the plan? Or, is there a standard format for a 3-year strategic plan? I have done some myself, but I am not sure what the format would be for the Town. Mayor Featherman — We have left that open. I have been on a number of strategic planning committees. There is a general procedure that Town Commission Regular Minutes May 3, 2011 Pa eg 7 of 7 you follow. We will adapt that to our own municipality. Would you like to serve on it? Mr. Cannizaro — I do not know yet. Possibly. Mayor Featherman — Please give your name to the Town Clerk. If anybody else would like to serve, also contact the Town Clerk. We could use the quality of our residents. Joe Asselta — Casuarina Do not know if I am stepping out of bounds, but, the last contract with the Town Manager did not serve us very well. Town Attorney please be careful. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 2:10 PM upon a MOTION by Commissioner Sheridan; seconded by Vice May Zwick. APPROVED: 4m4j�t Bernard Featherman, Mayor n S. Zwick, L rinle , Pay iaro. Dennis J. Sheridan, Commissioner WATTES Beverly . Brown, MMC 7f. d�/ e