2011.06.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, June 7, 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 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
No Public Comments.
3. PRESENTATIONS
• Certified Municipal Clerk Award presented to Deputy Town Clerk Valerie Oakes
Melissa Teal, President of Palm Beach County Municipal Clerks Association and Village Clerk for
the Village of North Palm Beach presented the Certified Municipal Clerk's plaque to Deputy
Town Clerk Valerie Oakes. The Certified Municipal Clerks program is designed to enhance the
job performance of the Clerk in small and large municipalities. To earn the CMC designation, a
Clerk must attend extensive education programs and requires pertinent experience in their
municipality. The program prepares the applicant to meet the challenge of the complex role of the
Municipal Clerk by providing them with quality education. She also thanked Ms. Oakes for the
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June 7, 2011 Page 2 of 6
work she has done as secretary of the Palm Beach County Municipal Clerks Association and as
Chairman of the Website Committee..
Valerie Oakes — Thanked the Commission and Town Clerk Brown for encouraging and providing
the means to continue on with her education and certification.
4. BOARDS AND COMMITTEES
A) Board Correspondence:
• None
B) Board Action Report:
• No reports this month, as all meetings in May were cancelled.
C) Board Vacancies
• Beaches & Shores Advisory Board — One full term
• Code Enforcement Board — Two terms
• Planning Board — One term
D) Monthly Board Meetings
• Planning Board — June 8t' - Cancelled
Beaches & Shores Advisory Board — June 14`h — Regular — 9:30 AM
Bd. of Adjustment — June 21 st - Canceled
5. PROPOSED ORDINANCES AND RESOLUTIONS
• None
6. NEW BUSINESS
A) Disposition of Vehicle Leased in the Name of Town of Highland Beach with Dale S.
Sugerman as Co -Lessee
Manager Weiser - The "Employment Agreement" between the Town of Highland Beach and Dale
S. Sugerman provided funds up to an amount equal to $500.00 per month towards the lease of a
mid -size SUV type vehicle or equivalent. Mr. Sugerman entered into a 39 month lease on October
26, 2008 with the Town of Highland Beach as the Lessee and Dale S. Sugerman as the Co -Lessee.
With the termination of this employment agreement on June 30t', we have contacted Nissan
Acceptance Corporation to determine the Town's options. Nissan Motor Acceptance has advised
the following: 1) Terminating the lease on June 30 with no penalty. 2) Either the Town or Mr.
Sugerman can continue with the lease, but neither party's name will be removed from the lease and
will continue to be responsible. 3) The car can be purchased outright at a price of $24,211.66
which will stand until June 24t', 2011.
MOTION: Commissioner Pa lg iaro moved to terminate the lease of the 2009 Nissan Murano,
subject to receiving a letter from the leasing company confirming that there would be no penalty;
seconded by Commissioner Sheridan.
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June 7 2011 Page 3 of 6
Discussion:
Vice Mayor Zwick — Is there any way we can declare the vehicle surplus property and sell it?
Reply — No, because the vehicle is leased and we do not own it.
Mayor Featherman — In reviewing the lease, it is written in two names. By terminating the lease,
we are eliminating the possibility of liability.
A voice vote was taken with all in favor.
B) Termination of Labor Relations Professional Services Agreement
Manager Weiser - With upcoming labor negotiations with the police bargaining union, as well as
an impending arbitration, it is my intention to make labor and employment matters less contentious
than they have been in the past. In 2005, the Town Commission approved a contract for
professional services with the firm of Goren, Cherof, Doody & Ezrol, P.A. for labor legal services.
The contract may be terminated at any time and I am suggesting this is a good time to start fresh
with a new employment and labor law firm. Therefore, I am recommending the Commission
terminate the agreement with Goren, Cherof et al. I will provide another agreement in the future,
if necessary, after speaking with other labor attorneys.
Comm. Sheridan — Does the hiring of the Labor Attorney come under the parameters of the Town
Manager? If she wished to change at this point, does she have the right? Attorney Sliney — I think
the Town Manager has the ability of engagement under $15,000.00. Mayor Feathereman — What
do we pay this attorney? Attorney Sliney — The last time Attorney Cherof was involved in the
Town was when he was involved in the last police contract. He is paid hourly, but I do not know
what the hourly rate is. The impetus at this point is that there is an arbitration hearing waiting to
be scheduled. After talking to the Town Manager, she would like to get someone in place to
handle the arbitration due to time guidelines.
Mayor Featherman — Town Manager do you have someone in mind? Manager Weiser — There are
a couple of firms that I would like to talk to. I am looking for someone with a less contentious
relationship with the union. Comm. Sheridan — I can say that I did make myself available for
several of the negotiations with the police department regarding their last contract. The individual
that was involved was very antagonistic and he set up a wall and caused long term negotiations
that I did not feel was necessary.
MOTION: Vice Mayor Zwick moved to terminate the agreement with Goren, Cherof. Doody &
Ezrol, and P.A. for labor attorney services; seconded by Commissioner Sheridan.
A voice vote was taken with all in favor.
7. MISCELLANEOUS — ITEMS LEFT OVER:
0 None
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June 7, 2011 Page 4 of 6
8. REPORTS — TOWN COMMISSION
A) Commissioner Dennis J. Sheridan — Would like to commend the Building Department
Manager Carol Holland on her monthly reports for the past two months. The reports are
comprehensive and with the amount of money coming in, indicates that the lone Building
Official is very busy.
B) Commissioner John J. Pagliaro — No Report.
C) Commissioner Doris M. Trinley —No Report.
D) Vice Mayor Miriam S. Zwick — No Report.
E) Mayor Bernard Featherman — I recently met with Boca Raton Mayor Whelchel to discuss
two items. The first one was in reference to the property the Town owns off of Dixie
Highway in Boca Raton. The City of Boca Raton has the right of first refusal, and we
presently have a developer interested in the property. Mayor Whelchel informed me that
Boca is not interested in purchasing it. The second item was about making arrangements
with the City of Boca Raton to provide space for our employees to meet in case of a
catastrophic emergency.
Comm. Trinley — I question Boca Raton helping our employees in an emergency. I thought
that was the idea of purchasing a million dollar generator. Mayor Featherman - We would
call on them for assistance if we had no power, the streets were under water, etc. What will
our employees do for three or five days? How will they serve the community? Where
would they go? Presently we have an unwritten agreement with Delray Beach. I will be
meeting with the Boca Raton City Manager to discuss this further.
9. REPORTS — TOWN ATTORNEY
No Report.
10. REPORTS — TOWN MANAGER
No Report.
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 liaro.
Town Clerk Brown read the Consent Agenda into the record.
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June 7 2011 Paize 5 of 6
A) Appointment of Thomas Tim Burnich to the Coe Enforcement Board for a three-year term
(06/07/2011 — 5/31/2014)
B) Appointment of Mark Diamond to the Code Enforcement Board for a two-year term
(06/07/11 — 5/31/2013)
C) Appointment of Jack Halpern to the Code Enforcement Board for a three-year term
(06/07/2011 — 05/31 /2014)
D) Appointment of Louis Reidenberg to the Code Enforcement Board for a two-year term
(06/07/2011 0 05/31/2013)
E) Appointment of Paul Resnick to the Code Enforcement Board for a three-year term
(06/07/2011 — 05/31/2013)
F) Appointment of Joan Halpern to the Planning Board for a three-year term
(06/07/2011 — 05/31 /2014)
G) RESOLUTION NO. 11-006 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
ESTABLISHING A FINANCIAL ADVISORY BOARD, AND HEREBY REPEALING
ALL RESOLUTIONS INCONSISTENT HEREWITH.
H) Authorization for Mayor to Sign Renewal of Employee Health Insurance
I) Authorization to Amend Personnel Rules & Regulation — Article XIV — Vacation Leave
J) Authorization to Appoint Cale Curtis as Acting Finance Director
K) Authorization to Offer a 2011 Voluntary Early Retirement Program
L) Selection of Mayor Featherman as the Voting Delegate for the 2011 Florida League of
Cities Annual Meeting
M) Minutes
April 26, 20011 — Workshop Meeting
May 3, 2011 —Regular Meeting
DISCUSSION:
Mayor Featherman — Would like to discuss Item #K the authorization for the 2011 Early
Retirement Program. In the education field, early retirement is offered so that long term
employees retire than are replaced with employees at a lower rate of pay. In lieu of the fact that
we only have 35 full-time employees, and only 8 are eligible, of which 2 might accept the offer.
What does this program consist of?
Manager Weiser - What was offered the last time and this offer will be structured the same way:
1) 100% cash payout of their vacation and sick leave accounts; 2) cash equivalent of 90 days
salary; and 3) six months employee health insurance coverage.
Mayor Featherman — When was the last time that offer was made? Reply — 2008.
Motion passed with a voice vote.
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_June 7, 2011 Page 6 of 6
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Mayor Featherman - I am sorry that some of you had disagreements on my actions with the recent
contract issue. We all should be respected for our differences of opinion. All of my actions were
intended to do the best job possible for the residents and tax payers of Highland Beach. We all
make mistakes. I want to be sure that we do not make decisions quickly and repeat the mistakes
that have been made with our former manager's contract.
13. ADJOURNMENT
There being no further business to come before the Commission, Mayor Featherman adjourned the
Regular Meeting at 2:00 PM upon a MOTION by Commissioner Sheridan; seconded by Vice
Mayor Zwick.
APPROVED: d�k�;
Bernard Featherman, Mayor
Mi ' S. Zwic , V(i mayor
Dennis J. Sheridan, Commissioner
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