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2011.10.04_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, October 4, 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 those who lost their lives during the attack against our country on September 11, 2001. 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 Carl Feldman — 3210 S. Ocean Blvd. Consent Agenda — Item #C — I again say we are not hiring a firm, but hiring a lawyer. You need to do your due diligence in your hiring. Is it the fee structure? You need to give careful thought to it. Vice Mayor Zwick — I was planning to ask that Item #C be removed from the Consent Agenda and be included in #7 — Miscellaneous Items Left Over. 3. PRESENTATIONS 0 None Town Commission Regular Minutes October 4, 2011 Page 2 of 6 4. BOARDS AND COMMITTEES A) Board Correspondence: 1) None. B) Board Action Report: 1) Read into record by Town Clerk Brown C) Board Vacancies 1) Code Enforcement Board — Two Appointments 2) Financial Advisory Board — Three Appointments D) Monthly Board Meetings 1) Beaches & Shores Advisory Board— October 1 lth — 9:30 AM 2) Planning Board — October 12th — 9:30 AM 3) Board of Adjustments —October 18t' - 9:30 AM 4) Code Enforcement Board — October 19th — 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS • None 6. NEW BUSINESS None 7. MISCELLANEOUS — ITEMS LEFT OVER: A) Authorizing Staff to put out a "Request for Qualifications" for qualified firms to provide legal services to the Town. Vice Mavor Zwick — I feel that we should look at item C under the Consent Agenda. It refers to looking for qualified firms to provide legal services for the Town. As I understand it, the lawyer that we have is the one who provides the legal services for the Town. The lawyer may be a member of any firm that exists in the Town or elsewhere, but he is our main legal advisor. So we are not looking for qualified firms to bid on legal services, it is the lawyer that we hire. We have had this qualified lawyer for so many years. Mr. Feldman reminded us last week that his contract is negotiated on a yearly basis. Tom, am I correct that it is on a yearly basis? Atty. Sliney — Yes. Vice Mayor Zwick — Is it the Mayor? I am not sure of the committee. Is it one of the Commissioners or if it is just you and the Mayor. That is how it's been done all this time. Changing the system is not authorizing staff to put out a request for qualifications. I do not know how many qualified firms would respond to this and as Mr. Feldman stated: What if we pick a very qualified firm that is not the firm that Mr. Sliney is at this time associated with? The other firms that he can recommend when certain special occasions are like things for legal questions with the contracts like the police negotiations come up. I feel it is wrong; it is demeaning almost for us to look for firms. The question is if we are dissatisfied with the job that Mr. Sliney is doing and has done so well for us for so many years, or we are unhappy with the fees he is charging. Those should be open to negotiations not look - it is not the tail pulling the dog, the dogs nose goes first. I think this is completely wrong for this Commission to have staff put out a request for qualifications for legal firms. This is one of those contracts that don't fall under the Town Commission Regular Minutes October 4, 2011 Page 3 of 6 full prevue. They are a special type of contract, so it does come for review before the Commission after the negotiation had been presented and agreed upon with the lawyer and the Mayor to present to us — not looking for a law firm. I think this is wrong and I ask that the Commission take item C to please be removed from the consent agenda. Comm. Pggliaro — I disagree with the Vice Mayor. She is entitled to her opinion and I respect that. But I think when Mr. Sheridan first made a motion two or three meetings ago, and I don't want to misrepresent what the intent of this is. But I think that this Commission would not be doing its due diligence if we did not explore other law firms. Madam Vice Mayor there are law firms that specialize in municipal government and I think we owe it to ourselves to have staff seek out representative law firms with a caveat that if we pursue that there will be interviews and one of the major points that must be included for any interview of any law firm including Mr. Sliney that the individual that is going to represent us on this dais must be present at the interview, not the head of the law firm but the person who is going to be sitting at this dais. So I again say, I think that this is something we seriously have to consider. Mayor Featherman — Thank you, Commissioner Pagliaro. Commissioner Sheridan. Comm. Sheridan — I agree 100% with Commissioner Pagliaro. I feel that it is us doing due diligence to the residents of our community. Do this and make a decision after we have done our due diligence. Comm. Trinley — It is my recollection that we were going to do this search, if you will, just for comparison's sake. So why don't we go ahead to compare for fees, services and so on and so forth? That's what we agreed to do. Mayor Featherman — Any further comments at this time? Hearing none, those that would like to put the item back on the consent by voice vote please go through Madam Town Clerk and call the roll. Town Clerk Brown — I think someone should make a motion to put it back on the Consent Agenda. MOTION: Comm. Pa2liaro — moved to return Item #C — "Authorizing Staff to put out a "Request for Qualifications" for qualified firms to provide legal services to the Town,." on the Consent Agenda. Comm. Sheridan seconded the motion. ROLL CALL: Commissioner Pagliaro - Yes Commissioner Sheridan - Yes Commissioner Trinley - Yes Vice Mayor Zwick - No Mayor Featherman - Yes Motion passed with a 4-1 vote. Town Commission Regular Minutes October 4, 2011 Page 4 of 6 8. REPORTS — TOWN COMMISSION A) Commissioner Dennis J. Sheridan — No Report. B) Commissioner John J. P lag iaro — No Report. C) Commissioner Doris M. Trinley — No Report. D) Vice Mayor Miriam S. Zwick — No Report. E) Mavor Bernard Featherman —1) Recently, I have been receiving complaints about bike riders riding on A 1 A, four abreast. In Boca Raton, they have a sign posted stating that bikers can only ride two abreast. Would like this item put on a future agenda for discussion. 2) The next "Coffee with the Mayor," will be held in conjunction with the Planning Board to receive ideas about the "Strategic Plan." Since it will be held for a specific subject, would like to know if the town will pick up the expense? Vice Mayor Zwick - Originally, Jim Newill, began the "Coffee with the Mayor" to receive input from the residents. Since this does involve a specific subject, I would be in favor of the Town assuming the expense. Comm. Sheridan — I agree. Comm. P lag iaro — When Mayor Newill started these coffees, he was very specific that he wanted residents to come and ask questions. Would like to ask the Town Attorney if this would be appropriate? Town Attorney Sliney — It is a municipal purpose, I have no problem with it. Comm. Pa�aro — Question whether it is an appropriate purpose. Town Attorney Sliney — My only concern is in regards to the Sunshine Law, and whether the meeting will be taped and posted. Comm. Trinlev — Is this for the November coffee only? Mayor Featherman — Yes it is. I picked up the expenses of the first. Town Manager Weiser — It is actually a meeting of the Planning Commission to receive input on the Strategic Plan. 9. REPORTS — TOWN ATTORNEY No Report. 10. REPORTS — TOWN MANAGER The Town Clerk received a notice from the Supervisor of Elections advising that the Republicans will be holding their Presidential Preference Primary in January. Therefore, it will not be necessary to change the date of our regular municipal election. The election will be held on March 13, 2012. Town Commission Regular Minutes October 4, 2011 Page 5 of 6 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 Barry Axelrod to Board of Adjustment & Appeals for a three-year term. B) Authorization for the Highland Beach Police Department to co-operate and support the Dolphins Cycling Challenge on November 5 h & 6t', 2011. C) Authorizing Staff to put out a "Request for Qualifications" for qualified firms to provide legal services to the Town. D) Reaffirmation of current contract with Independent Inspections and not to re -bid at this time. E) Authorize Staff not to re -bid current contract with Waste Management and to continue negotiations for renewal before expiration of contract this year. F) Approval of Minutes August 30, 2011 - Workshop Meeting September 6, 2011— Regular Meeting September 6, 2011 — Special Budget Public Hearing MOTION: Comm. Sheridan moved to approve the Consent Agenda as presented. The motion was seconded by Comm. P lag iaro. ROLL CALL: Commissioner Sheridan - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - No Mayor Featherman - Yes Motion passed with a 4-1 vote. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Arlin Voress - 4403 Intracoastal Drive Question whether it would be violating the Sunshine Law to have all members of the Planning Board present at the "Coffee with the Mayor?" Town Attorney Sliney — As long as it is advertised and minutes taken, it would not be a violation. Town Commission Regular Minutes October 4, 2011 Page 6 of 6 Joe Cannizzaro - Bel Air Drive I have an issue of changing the format with the "Coffee with the Mayor." I have always enjoyed attending these meetings. By including an agenda item, you are changing the intent of these meetings. "Coffee with the Mayor" has always been an informal meeting to discuss items that residents would like to discuss with the Mayor. Gerry Marshall -108 Bel Lido Drive I am in favor of Consent Item #C. We need to re-evaluate the services of the Town Attorney. Tom Sliney has been here for many years, but it is time to interview a new Town Attorney. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 1:57 PM upon a MOTION by Commissioner Sheridan; seconded by Commissioner P lag iaro. APPROVED: Bernard Featherman, Mayor - 2&Y �2� J 9-t�d MiriaA S. Zwio, Vi �Ar y_or Dom M. T ' ey, Co sinner Jo . Paizl o. Com&asioner Dennis J. Sheridan, Commissioner ATTEST: Beverly M. B own, V10C Town Clerk Date