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2011.08.02_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, August 2, 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; Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; Chief of Police Craig Hartmann; Acting 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 longtime residents Dr. Seymour Strauss and Allen Strumwasser who recently passed away. 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 John Sorrelli — 3420 S. Ocean Blvd. I would like to discuss a very touchy subject, and ask the Commission to think seriously about resolving it. The Town Clerk was cleared of the charges brought against her. It cost her $6,000.00 out of her own pocket in legal fees to get her name cleared. Feel she should be reimbursed for these costs. Harold Hagelmann — Boca Highlands I agree with John Sorrelli, that we should reimburse the Town Clerk for her unnecessary expenses. I am asking that the Town Commission make a motion to reimburse her. When I was Mayor, went into Beverly's office to see why she never discussed Town's business with me. She told me that the Town Commission Regular Minutes August 2, 2011 Page 2 of 6 Town Manager had instructed her not to. As a former Mayor, asking that the Commission reimburse her. Joe Yucht — Boca Highlands I would like to talk about the Past, Present and Future. 1) The Past — The Town's loss — Dr. Seymour Strauss and Allen Strumwasser. Dr. Strauss felt that the Lyric Chamber Orchestra should be financed by the Town. I disagreed. He worked against me during the election. He will be missed. 2) Allen Strumwasser — he was my friend. I use the term Mensch in talking about Allen. He was the top of the heap or ladder. He will be sorely missed. 3) I would like to thank the Town for the trees and fence at Milani Park. Hope the county will maintain it. 4) I would like to see the Town of Highland Beach be self-sufficient in regards to Highland Beach, whether it be installing windmills on the water to provide our residents electricity. Please investigate it. 5) I back what the two former speakers said. It is the Town's obligation to protect its employees. I urge the Commission to reimburse the Clerk for expenses she was thrown into spending unfairly. Joe Asselta (former Vice Mayor)— Casuarina I would like to speak for Beverly as the previous gentlemen have. Beverly spent her own funds to defend herself against wrongful accusations. Recalling memories from an old attorney, standards for punitive damages in Florida are very soft. I was present before the hearing in front of Judge Stern. Briefs were submitted by both the Town and Beverly's attorney. The opinion from the Judge barely refers to these briefs. The Judge investigated this question on his own and quotes Supreme Court opinions and State of Florida opinions instead. What the Judge found, was that the punishment put on her by the former Town Manager was cruel, inhuman & unjust. Draconian was the word that he used. Certain conditions should be met when there is an illness involved. When a person has a life threatening illness the conditions are even more stringent. Legally, morally and ethically we owe her something. The Judge gave her the grounds to file a lawsuit if she chose to do that. I do not believe that it is her intent to do so. The attack on her followed a pattern started in Boynton Beach by the former Manager. We owe Beverly something. Carl Feldman — 3210 S. Ocean Blvd. Being a member of the Planning Board, I have read the Comprehensive Plan adopted by the Commission on January 4, 2011. The Comprehensive Plan has everything that the Strategic Plan should have incorporated in it. Do you want the Comprehensive Plan become the Strategic Plan or the Strategic Plan become the Comprehensive Plan? At the last meeting I asked a question about the Cultural Board being in the budget. The Town Clerk advised me that this was the end of the money that was in the Cultural Board account. This money should have been donated to the Library since they have taken over the cultural activities. 3. PRESENTATIONS • Presentation to Police Chief Craig Hartmann by Delray Beach Fire Rescue - Assistant Chief Russell Accardi Assistant Chief Russell Accardi - At 8:45 AM one morning last month, we received a call stating that a woman was sitting on the edge of the roof at Seagate with her legs dangling over the side. Both the Town Commission Regular Minutes August 2, 2011 Page 3 of 6 Highland Beach Police and Delray Fire Rescue responded. Chief Hartmann took charge and conversed with her to gain her trust. Once she was comfortable enough with him, he offered her a bottle of water. As she leaned into him to receive it, we were able to secure her and remove her from the edge. This was a flat roof with no protection. For this successful incident, the Delray Fire Rescue would like to present to Highland Beach Chief of Police Craig Hartmann the Delray Beach Fire Rescue "Life Saving Award." Police Chief Craig Hartmann — Thanked Assistant Chief Accardi for the presentation, stating he was very humbled. In addition he would like to thank his police officers in Highland Beach and the Delray Fire Rescue squad that also participated in this rescue. Since the incident, he would also like to thank the follow up by social services and Commissioner Sheridan for helping her with food. Chief Hartmann received a standing ovation from the Commission and audience. 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Board Action Report: • Read into record by Town Clerk Brown C) Board Vacancies • Code Enforcement Board — Two Appointments • Financial Advisory Board — Three Appointments D) Monthly Board Meetings • Code Enforcement Board — August 4th — Hearing — 2 PM • Beaches & Shores Advisory Board — August 9th — Cancelled • Bd. of Adjustment & Appeals — August 16th — Canceled • Planning Board — August 17th — Regular — 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS • None 6. NEW BUSINESS None 7. MISCELLANEOUS — ITEMS LEFT OVER: • None 8. REPORTS — TOWN COMMISSION A) Commissioner Dennis J. Sheridan — Town Attorney do we have funds in the legal account to cover the Town Clerk's legal expenses? Town Attorney Slingy — I will have to defer to Director Curtis. Director Curtis - Under Legal — Professional Fees, there are sufficient Town Commission Regular Minutes August 2, 2011 Page 4 of 6 funds to cover the expense. Comm. Pa lg iaro — Is there insurance coverage that will assume this expense? Town Attorney Sling y — Good question. That question has never been asked before, but I will look into it. B) Commissioner John J. Pagliaro — No Report. C) Commissioner Doris M. Trinlev — No Report. D) Vice Mayor Miriam S. Zwick — No Report. E) Mavor Bernard Featherman — No Report. 9. REPORTS — TOWN ATTORNEY No Report. 10. REPORTS — TOWN MANAGER Just a reminder that we will be having an Executive Session after this meeting to go over the FOP contract. Before the meeting is adjourned, I would like to call up Chief Hartmann to give an update on Tropical Storm Emily. 11. CONSENT AGENDA Mayor Featherman asked if any item needed to be removed from the Consent Agenda. Town Clerk Brown read the Consent Agenda into the record. A) Appointment of Jim Jiovanazzo to Beaches & Shores Advisory Board for a three-year term. B) Appointment of Ronald Brooks to the Financial Advisory Board for a three-year term. C) Authorizing the Mayor to sign Amendment 2 of the State Revolving Loan Agreement. D) Site Plan Approval of Application #27719 — 1001 Bel Air Drive. E) Authorization to proceed with Allen Norton & Blue as Labor Attorney of Record. F) Authorization of Revisions to the Town's Purchasing Policy. G) Designation of Voting Delegate and Alternate(s) to the Palm Beach County League of Cities H) Declaring certain property surplus and authorizing a sealed BID Auction for the surplus items. I) Approval of Minutes June 28, 2011 - Workshop Meeting July 5, 2011 —Regular Meeting Town Commission Regular Minutes August 2, 2011 Page 5 of 6 MOTION: Comm. Sheridan moved to accept the Consent Agenda as presented; seconded by Comm. Pa liaro. ROLL CALL: Commissioner Sheridan - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Featherman - Yes Motion passed with a 5-0 vote. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Harold Hagelmann — Boca Highlands Would I be out of order to make a motion that the Commission reimburse Beverly for the money she spent on legal fees? Mayor Featherman — We have asked the Town Attorney to review it with the insurance carrier. Town Attorney Sliney — I agree with the Mayor. Mr. Hagelmann — Beverly was the sacrificial lamb in this whole ordeal. John Sorrelli — 3430 S. Ocean Blvd. I noticed pictures taken of the recent suicide victim passed around. These should never have been made public. I found this very offensive. Carl Feldman — 3210 S. Ocean Blvd. I would like to thank whoever sent out notices to the condo's advising them of the budget workshop today. Manager Weiser — Would like to bring up our Emergency Manager Chief Hartmann to give an update on Tropical Storm Emily. Chief Hartmann — We are watching Tropical Storm Emily closely, and will keep everyone informed. Residents should begin to take precautions and start preparations in case the storm turns to a hurricane. 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 Pa liaro; seconded by Vice Mayor Zwick. Town Commission Regular Minutes August 2, 2011 Page 6 of 6 APPROVED: Bernard Featherman, Mayor AlIc �Y L Miri S. Zwick, Vic ayor ATTEST: Beverly M. rown, M C Town Clerk ate