2011.05.31_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, May 31, 2011 1.30 PM
Mayor Bernard Featherman called the Workshop 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 Doris M. Trinley; Commissioner John J. Pagliaro; and Commissioner Dennis J.
Sheridan. 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 REQUESTS
Harold Hafzelmann — Boca Highlands
Have we heard anything in regards to planting of the trees along the Milani Park property?
Manager Weiser - I contacted FDOT today, and the permit has not been signed as of this morning.
As soon as we receive the signed permit, the trees will be planted.
3. PRESENTATIONS
None
Town Commission Workshop Minutes
May 31, 2011 Page 2 of 10
4. BOARDS AND COMMITTEES
A) Board Correspondence:
• None
B) Board Action Report:
• None
C) Board Vacancies:
• Beaches & Shores Advisory —One full term
Code Enforcement Board — Six Appointments (Staggered Terms)
Talent Bank Interviews:
Thomas Tim Burnich — Full time resident since 1996, property owner since 1975.
Graduate of Case Institute of Technology; thirty plus years in development, leasing
and property management. No questions from Commission.
Mark Diamond —Resident for the past ten years; president of Board of Directors at
Carlton House; have never volunteered before; previously ran film festivals.
Comm. Sheridan — Are you employed? Reply — Yes, part-time at the
Delray Tennis Center.
Jack Halpern — Have been a resident since 1996; served two terms on both the Code
Enforcement and Board of Adjustments; have a full-time job and will try to
schedule trips to avoid absences. No questions from the Commission.
Dr. Mario J. LiPera — Town Clerk Brown advised that Dr. LiPera sponsors a child's
clinic on Tuesdays and Thursdays, and is unavailable.
Louis Reidenbera — I previously spoke before the Commission when they were
discussing the Musa violation as I had been Chairman of the Code Enforcement
Board at that time and was quite familiar with the history. Have been a resident
for seven years and my profession was an attorney. Comm. Sheridan- Did you
previously resign from this Board? Reply — Yes.
Paul Resnick — Previously served on the Code Enforcement Board and was the
Chairman when they dissolved it. Recently resigned from the Planning Board as
my interest is in Code Enforcement. Have been a full time resident for eight
years.
Comm. Pa lg iaro - It is a pleasure seeing so many former members reapplying. Since we do not
have seven, do we need to change the membership to 5 with 2 alternates? Vice Mayor Zwick —
Agree with the 5 members and it is great seeing prior members once again volunteering. Comm.
Trinley — Personally do not agree with the alternates. When I was Clerk, they were treated
shunned by the regular members. Town Attorney — Prior to the meeting I met with the
Building Official, and there are no cases pending for Code Enforcement, so there is no immediate
problem.
Consensus was to include appointments on the June 7t' Consent Agenda.
Planning Board — One full term
Planning Board — One - two-year unexpired term
Talent Bank Interview:
Town Commission Workshop Minutes
May 31, 2011 Page 3 of 10
Joan Halpern - Have been a resident for 15 years, and this is my first time
volunteering for a Board. Previously ran my own business and have volunteered
at JCC.
Consensus was to include appointment on the June 7t' Consent Agenda.
D) Monthly Board Meetings
• Planning Board — June 8 h — Canceled
• Beaches & Shores Advisory —June 14th — Regular — 9:30 AM
• Bd. of Adjustment —June 21 st -Regular - 9:30 AM
5. PROPOSED ORDINANCES AND RESOLUTIONS
A) RESOLUTION NO. 11-006 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, ESTABLISHING A FINANCIAL ADVISORY BOARD, AND HEREBY
REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH.
Town Clerk Brown read Resolution No. 11-006 R, title only, into the record.
Comm. Tinley - Would prefer to see a five member Board with no alternates.
Comm. Pagliaro, Comm. Sheridan and Vice Mayor Zwick all agreed.
Resolution to be included on the June 7fl' Consent Agenda with alternate members removed from
the Resolution.
6. NEW BUSINESS
A) Consideration of Proposed Employment Agreement between the Town and the Town
Manager
Vice Mayor Zwick — I made the motion at the last meeting that the Mayor and the Town Attorney
initiate a contract between the Town and Kathleen Weiser. Feel the Town should go out for a
search through the League of Cities. Feel we would be remiss to the residents if we do not go out
for a search. Previously each member had the opportunity to interview the Town Manager
candidates. We will always have the contract available with Kathleen. Also feel in the
requirements of the search it should specify the low and high of the salary range; plus the perks;
and then negotiate the contract. Word by word you can get this right out of a book. I think it' is
the Commissions job to go out for a search.
Comm. Sheridan — I totally disagree. Kathleen has been here for four months. She has been tried
by each Department during that time. Why go to the expense of another search? I think it is
uncalled for.
Town Commission Workshop Minutes
May 31, 2011 Paize 4 of 10
Comm. Trinley — Mrs. Weiser is a known quantity. Why spend the taxpayer's money and time.
We have a good manager working with us. Let's proceed with the contract.
Comm. Pa liaro — When the Vice Mayor made the motion last meeting; I initially thought we
should look outside. Mrs. Weiser has been here for four months. She has been working with us
and we know what type of person she is. I do have a few questions on the proposed contract.
Concerned about the costs regarding retirement and medical and what is the salary scale. Does
the salary schedule of other towns also include their benefits package?
Mayor Featherman — The contract submitted by the Town Attorney was rejected and the Town
Manager submitted a different contract. I asked the Town Attorney some questions regarding it
and he did not have the answers. At our last meeting, Joe Asselta made a comment that "our last
contract with the Manager did not serve us very well." I personally have several questions: Mrs.
Weiser wants this contract to start before the other contract is ended. What would be the legal
ramifications? Town Attorney Sliney — How does the beginning date relate to the other
Manager's contract? Mayor Featherman — Would you stand behind it? Attorney Slim — Do not
see a problem. If the Commission is more comfortable with July 1st, the date can be changed.
Mayor Featherman — Unfortunately due to the Sunshine Law we cannot meet to discuss this
contract other than in a public meeting. What is the difference between an open end and a one-
year contract? Attorney — You are not hiring someone that you do not know. There would
be no reason for a one-year contract. Mayor Featherman — I would suggest a one-year contract.
Wages — I initially thought that the salary should be between $90 and $100,000.00. She is now
asking for a substantial amount of salary. Attorney Slim — The salary is generally above the
highest person that they supervise. Comm. Sheridan - The highest paid employee under the
Manager is the police chief at $109,000.00. Mayor Featherman — The Town Commission hires
and fires the police chief. The prior town manager took five years to get to his salary. Manager
Weiser — The Commission hires and fires the police chief, but that police chief is supervised by
the town manager on a daily basis. Mayor Featherman — Contributions to retirement. Deputy
Finance Director Curtis — Right now FRS is 14% with no contribution from employees. This July
it drops to 6% for senior management with employees making a contribution of 3%. Next July it
reverts back to 14%. Mayor Featherman — Not only does she want the 9%, but an additional 15%
also.
Vice Mayor Zwick — Have read that FRS is going down this year as a belt tightening measure.
Do not go along with giving the manager an extra 6% if we do not give it to everyone. Feel we
should give the manager a one-year contract and re -negotiate next year. Mayor Featherman — The
contract also proposes a second retirement fund. Should we go along with this? Vice Maw
Zwick — If everyone is taking a cut, the manager should also.
Comm.Pa 1�— The proposed salary compared with the eight smallest towns in Palm Beach
County, puts us seventh out of eight. Salary does not concern me as much as the pension
numbers. We are talking about cutting back. Mrs. Weiser has worked out well, but everyone
has to realize we are cutting back. The preceding manager really got his salary and benefits up
there, and we owe it to ourselves to look at the proposal before us. The salary is not excessive.
The additional items are not in line. We need to ask some of the other communities about their
salaries and benefits.
Town Commission Workshop Minutes
MU 31, 2011 Page 5 of 10
Mayor Featherman — Does the Commission want to schedule a special meeting before the end of
the week to discuss this further?
Consensus - Special Meeting to be held on Monday, June 6 h at 9:30 AM.
B) Authorization for Mayor to Sign Renewal of Employee Health Insurance
Deputy Finance Director Curtis — In past years, the Town's employee health insurance has had a
renewal date of October I". This date presents Staff with numerous challenges due to the amount
of budget activity going on during the month of September. Therefore, Town Staff has proposed
a renewal date of July 1, 2011. As it turns out, the renewal has been quoted at an annual premium
slightly less than the current year's annual premium. Town Staff has also reviewed alternate
insurance plans that offer additional savings to the Town; however, the savings are accomplished
by significantly reducing the employee's insurance benefits. Therefore, staff recommends the
renewal of the Town's existing plan: Blue Option 5461 with an effective date of July 1, 2011.
No comments or questions.
Consensus was to include authorization on the June 7 h Consent Agenda.
C) Authorization to Amend Personnel Rules & Regulation — Article XIV — Vacation
Leave
Manager Weiser - There are several employees who have reached the maximum allowable
accruals for vacation time (25 days). They cannot accumulate over that amount so as they earn
their vacation (several hours a week) they have to take vacation as they accrue it so they do not
lose it. This gets to be a tedious exercise with paperwork and can be a counterproductive
work schedule. As an alternative, I am proposing to allow employees to accumulate over the 25
days during the year, but only be able to be paid out the 25 days. They would have to use what
they earn in a year or it would be lost. This eliminates the immediate need to use what is earned
to avoid losing vacation. I consulted several HR Directors and have the suggestion below for how
to word a change that would allow this in the Rules & Regulations under "Vacation Leave":
Section 3: Maximum Accumulation
Employees may accrue vacation leave up to a maximum of 25 days. Vacation leave accrued
during October I — September 30 may exceed this stated policy, however, any amount over the
allowable maximum that has not been used during that October 1— September 30 will be forfeited
as of September 30 of that fiscal year or upon termination during that fiscal year per Section 7.
Section 7: Payment of Vacation Leave Upon Termination of Employment
Any non probationary employee leaving the Town in good standing shall be compensated for
vacation leave earned and unused at the date of termination of employment, up to a maximum of
25 days per Section 3, at the employee's current pay rate.
Town Commission Workshop Minutes
May 31, 2011 Page 6 of 10
Vice Mavor Zwick — Have you received any comments from the employees. Manager Weiser —
The employees came to me to request the change.
Consensus was to include approval of the amendment on the June 7`h Consent Agenda.
D) Authorization to Appoint Cale Curtis as Acting Finance Director
Town Manager Weiser - While reviewing the Charter concerning the Manager's responsibilities
with the Personnel Rules and Regulations, I came across Section 3.02 which states that "The
Town Manager shall designate a Finance Director." Furthermore, the Town's Code in Section 2-
46 lists the Finance Director as an Officer of the Town and Section 2-54 delineates the
responsibilities of the Town's Finance Director. Deputy Finance Director Cale Curtis has been
working for the Town since October 2007 and has essentially served in the Acting Finance
Director role since October of 2008. He serves as supervisor of the Finance Department and the
post office and has personally prepared the budgets and annual audits for fiscal years 2009 and
2010. He is presently working on fiscal year 2011 budget. Cale's credentials include the
following:
• Certified Public Funds Investment Manager
• Recipient of the Government Finance Officers Association Award of Financial Reporting
Achievement FY 2009 and 2010.
• Associates Degree- Accounting
• Bachelor's Degree- Accounting (scheduled completion July 19, 2011)
At this time, I am requesting authorization to officially appoint Cale Curtis as Acting Finance
Director with a 10% increase in salary. This salary increase was anticipated and included in the
2010 budget; therefore no additional funds are required.
Mayor Featherman — Well we have been waiting for him to graduate.
Consensus was to include authorization on the June 71h Consent Agenda.
E) Consideration of Offering a 2011 Voluntary Early Retirement Program
Manager Weiser - On May 11, 2011, Town Staff officially kicked off the budget process for fiscal
year 2011-2012. During the process Staff looks at many options and alternatives for raising
revenues and reducing expenditures. Some of the members of the Commission may recall back in
2008 the Town offered a Voluntary Early Retirement Program. This program allowed any full-
time employee who was 57 '/z years of age and had 10 years of service to voluntarily retire with
additional benefits. The vacated position was then filled with someone at a lesser salary. Staff is
seeking direction whether or not the Town Commission wants to consider offering a Voluntary
Early Retirement Program again this year. The program has the potential to provide a 5-year
savings of over $675,000. Eligibility requirements are: 10 years of service with the Town and 55
years of age. If structured as it was in 2008, those accepting the proposal would receive 100%
cash payouts of their vacation and sick leave accounts, the cash equivalent of 90-days salary, and
Town Commission Workshop Minutes
May 31, 2011 Page 7 of 10
6 months of employee health insurance coverage. The details of the program would need to be
worked out, however, before moving forward, staff is seeking direction from the Commission on
proceeding with the program.
Mayor Featherman — How many would be eligible for the program? Reply — Eight employees.
Comm. Sheridan — I am in favor of making the offer.
Comm. TdWey — Has anyone showed any interest? Manager Weiser — Have not offered it to
anyone until I found out if the Commission was interested in offering the program.
Comm. Pa liaro — It is a plus -plus. If no one takes advantage of it, that would be there
prerogative. The program has a five year savings of $675,000.00.
Mayor Featherman — Is the savings because you will be running the organization with less
people? Manager Weiser - The individuals who will be offered the program are generally at the
high end of their pay scale. When the position is filled, the salary will be towards the lower end
of the scale.
Consensus was to include authorization on the June 7th Consent Agenda.
F) Selection of a Voting Delegate for the 2011 Florida League of Cities Annual Meeting
Manager Weiser - The Florida League of Cities will be holding its Oh Annual Conference at the
World Center Marriott, Orlando, Florida on August 11-13, 2011. The annual business meeting
will be held on Saturday, August 13th. The Town will need to identify, in advance, who from our
Commission will serve as our voting delegate. In the past, the Mayor has served in this role;
however, any attending elected official can be appointed to serve as the Town's voting delegate.
Comm. Trinley — Historically, the Mayor has been the Town's voting delegate.
Consensus was to include appointment of Mayor Featherman as the voting delegate on the June 7tt,
Consent Agenda.
7. MISCELLANEOUS — ITEMS LEFT OVER
A) Minutes
April 26, 2011 - Workshop Meeting
May 3, 2011 — Regular Meeting
Mayor Featherman asked if there were any corrections or omissions?
Minutes to be included on June 7th Consent Agenda.
Town Commission Workshop Minutes
May 31, 2011 Page 8 of 10
8. REPORTS — TOWN COMMISSION
Commissioner Sheridan — 1) On May 6`", I noticed that the gate was installed at Lift Station #1
and appropriately landscaped. I also would like to congratulate Jack Lee and his staff for the
beautification of the area plus all the work accomplished to eliminate the odor. 2) Any thought
or movement on the water property in Boca Raton? Mayor Featherman — I have an appointment
tomorrow with Mayor Whelchel of Boca Raton to discuss it. 3) Prior to me being elected to the
Commission, there had been a discussion regarding fees in the Building Department and the fact
that they were light compared to surrounding municipalities. In addition, would like to ask that a
review of these fees be done again. 4) The lease is expiring on the vehicle leased by the former
Town Manager under both his name and the Town's name. There will still be an additional six
month's lease left on the vehicle when he returns it. Have we investigated what can be done with
it? Dep. Finance Director Curtis — Have talked to Nissan, and they have advised that we have
three options: 1) early return; 2) continue paying until the end of the lease; or 3) sell the lease to
D. Sugerman. Comm. Sheridan — Can we have this put on next week's agenda.
Commissioner Pa lg iaro — No Report.
Commissioner Trinley — No Report.
Vice Mayor Zwick — I have been receiving complaints about the reception of the broadcasts
through Comcast. Is Comcast not producing the proper sound range? Are the Commissioner's
and speakers not using the microphone's correctly? Need to make it a point to tell all speakers
that they must speak directly into the microphone. Five years ago we brought in a sound
engineer. We should bring him back and tweak it again.
Manor Featherman — I will be meeting with the Mayor of Boca Raton tomorrow regarding the
water property in Boca. A local developer has shown some interest in this property, but the City
of Boca has the right of first refusal. Will also be discussing with her the possibility of leasing
some of their work space in case of a hurricane or other catastrophe so that our employees will
have an area to work from. Strategic Plan — Interim Town Manager Weiser shared a strategic
plan with me that she had been previously working on. In the future, we will have to schedule a
meeting to determine what direction and then prioritize our objectives.
9. REPORTS — TOWN ATTORNEY
The County's new ethics code goes into effect tomorrow. The legislation applies to all elected
officials, appointed officials and Town employees. The Commission on Ethics will be scheduling
workshops to go over the ethics law. Everyone will need to become familiar with it.
10. REPORTS — TOWN MANAGER
The ethics ordinance requires training of all elected officials, employees, and appointed board
members. I would like to schedule this training after next week's regular meeting if there are no
Town Commission Workshop Minutes
May 31, 2011 Page 9 of 10
objections. The meeting will be held here in the Commission Chambers and the Town's
employees will join us at the end of the meeting.
11. CONSENT AGENDA
None.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Arlin Voress — 4403 Intracoastal
I have been watching the meetings for the past four months and feel the Town Manager is doing a
great job. Have also talked to numerous employees who also feel the same way. Held an
executive position with a Fortune 500 Company for over thirty years. When we were
determining benefits, you anticipated 30% as the cost of benefits over the cost of salary.
Mayor Featherman — I understand Palm Beach County is going up on their water rates. Mr.
Voress - When the City of Boca Raton fenced in our property over on Dixie Highway, we gave
them the right of first refusal.
Joe Cannizzaro — Bel Lido Drive
When we talked about the Town Manager's salary not being less than the Police Chief s, is there
a HR practice that allows that? Mayor Featherman — There is no answer to that. Mr. Cannizzaro
— In the technical field, sometimes a technical skill might be paid more than the manager skill. I
agree with the former Mayor, that you should look at the total compensation package. Mayor
Featherman — In industry it is done one way and in government another way.
Comm. Pa lg iaro — There is competition out there, and we have to compete with other
municipalities.
Carl Feldman — Villa Costa
I find this whole process very embarrassing. This discussion is very embarrassing. Suggest each
Commissioner talk to the Town Manager about the contract so that they know where each item is
coming from. She is the only one who knows the history.
Comm. Trinley — I for one have already had a meeting with the Interim Town Manager to go over
the contract.
13. ADJOURNMENT
There being no further business to come before the Commission, Mayor Featherman adjourned
the Workshop Meeting at 3:00 PM upon a MOTION by Commissioner Sheridan; seconded by
Commissioner Pa liaro.
Town Commission Workshop Minutes
May 31, 2011 Page 10 of 10
APPROVED: jja)�67��ccAa,v ,�.
Bernard Featherman, Mayor
iri S. Zwick, Vi e M r
Doiis M. Trinlev, Comrissioner
Dennis J. Shen-dan, Commissioner
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