1998.02.03_TC_Minutes_Regulart ~t
•
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesdav, February 03, 1998 1.30 P M
Mayor Arlin G. Voress called the Regular Meeting of the Town
Commission to order in Commission Chambers at 1:30 P.M.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor
John F. Rand, and Commissioners David Augenstein, Thomas J. Reid
and Michael W. Hill were present.
Town Attorney Thomas E.Sliney and Town Manager were also present,
as were. members of the general public.
After roll call, the Pledge of Allegiance was given.
ADOPTION OF AGENDA
With no objection, the Agenda was amended to allow first reading of
the proposed ordinance amending appropriated funds for fiscal year
1996/1997 immediately following Haas, Diaz & Co.'s presentation of
the 1996/1997 audit.
APPROVAL OF MINUTES
Four (4) sets of Minutes were unanimously approved upon MOTION by
VICE MAYOR RAND%COMMISSIONER REID:
December 30, 1997 - Workshop Meeting
January 02, 1998 - Special Workshop Meeting
January 06, 1998 - Regular Meeting
January 20, 1998 - Special Meeting
PUBLIC COMMENTS AND REQUESTS
Under Public Comments, Leonard Bell (2727 S. Ocean Blvd.), speaking
in his capacity as President of the Library Foundation, requested
a meeting of The Highland Beach Municipal Building Authority, Inc.
in the near future; Jose Echeverria noted the preponderance of
jellyfish on the Town's beaches due to recent stormy seas, and
suggested caution when encountering them.
PRESENTATION OF THE 1996/1997 AUDIT BY HAAS DIAZ & CO
Presentation of the ?996/1997 Audit was made by Haas, Diaz & Co.
Questions were answered to the Commission's satisfaction, and
changes suggested. by the Commission were agreed to by the auditors
and will be incorporated. (The "Financial Highlights" Booklet
presented in conjunction with the audit is attached to and made
part of these .Minutes.)
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Minutes of Town Commission Meeting
February 03, 1998 Regular Meeting Page 2 of 4
PROPOSED ORDINANCES AND RESOLUTIONS
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING ORDINANCE NO. 659, WHICH APPROPRIATED FUNDS FOR
THE FISCAL YEAR 1996/1997, WHICH BEGAN OCTOBER 1, 1996
AND WILL END SEPTEMBER 30, 1997.
As earlier agreed, and with no discussion after it was noted by the
Mayor that amending the ordinance which appropriates funds for any
given fiscal year is standard procedure, this proposed ordinance
was given first reading immediately following the auditor's
presentation.
REPORTS - TOWN COMMISSION
Vice Mayor John F. Rand had questions regarding a recent memorandum
from tree Town Manager pertaining to the suspension without pay of
Police Sergeant William J. Howe, saying his copy of Ms. Mariano's
memorandum was minus the attachment referred to therein. Ms.
Mariano said the decision to suspend Sergeant Howe without pay was
administrative. Town Attorney Sliney advised that because this
matter was still under investigation by the Town, discussion should
• be discontinued at this time.
Commissioner David Augenstein had no report.
Coamnissioner Thomas J. Reid read a statement into the record,
responding to the Town Manager's January 2, 1998 statement, which
pertained to submitted proposals for a management audit. Ms Mariano
said she would respond fully and in writing at an early date.
(Copy of Commissioner Reid's statement attached to and made part of
these Minutes.)
Commissioner Michael W. Hill had no report.
Mayor Arlin G. Voress addressed the issue of the Town Manager's
yearly evaluation. After substantial discussion, COMMISSIONER REID
motioned that Ms. Mariano receive a 3% EXCEL payment; however, the
Motion received no second and was withdrawn by the Commissioner.
MOTION was then made by COMMISSIONER REID/COMMISSIONER AUGENSTEIN
that Ms. Mariano received a 4% EXCEL payment; Motion carried with
majority vote as follows:
Commissioner Augenstein.......Yes
Commissioner Reid .............Yes
Commissioner Hill .............Yes
Vice Mayor Rand ...............No
Mayor Voress ..................No
(Copy Attorney Larry Corman's January 28, 1998 memorandum to Town
Attorney Thomas E. Sliney, plus pertinent pages from the March 1997
Persopnnel Rules & Regulations attached to and made part of these
Minutes
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• Minutes of Town Commission Meeting
February 03, 1998 Regular Meeting Page 3 of 4
REPORTS - TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
REPORTS - TOWN MANAGER
Town Manager Mary Ann Mariano reported that Jim Park of Gee &
Jenson had advised that he anticipated approval from the Department
of Community Affairs of the Comprehensive Plan's Evaluation and
Appraisal Report amendments by February 13.
Ms. Mariano also advised of meeting with the Mayor, Town Attorney
and representatives of SPRINT regarding renovations and additions
to the Town's garage, which would allow installation of SPRINT's
ground telecommunications equipment; Gee & Jenson will be asked to
provide an estimate of the costs involved.
REPORTS - BOARDS AND COMMITTEES
The Board Action Report for January was received as information,
and Board meetings for February were announced by Mayor Voress.
The following residents were unanimously appointed to fill the
• vacancies on the Planning Board:
ROBERT F. SELBY (Commissioner Augenstein/Commissioner Hill)
PAUL R. KANE [reappointment] (Vice Mayor Rand/Commissioner Reid)
REGULAR BUSINESS
Items Left Over
None.
Consent Aaenda
CH2M HILL's Task Order No. 6, Saltwater Intrusion Monitoring
Program, was unanimously approved upon MOTION by VICE MAYOR
RAND/COMMISSIONER REID.
ADJOURNMENT
There being no further business to come before the Town Commission
at this time, Mayor Voress adjourned the Regular Meeting at 2:45
PM. upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER REID.
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Minutes of Town Commission Meeting
Februarv 03 1998 Regular Meetincr Paae 4 of 4
APPROVE:
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David Augenst Commissioner
`~_~ `
~~~=~~~G'~WL Gi.~~
Thomas J. Reid, Commissioner
'chae W. Hi 1, Commissioner
ATTE :~
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DATE : ~~ / 1~ L~~
~~~~ ll
Arlin G. Voress, Mayor
REVENUES vs. EXPENDITURES FUND .BALANCE WATER ~ Sl
The following graph compares revenues and expenditures for the
past six years.
Th~wing chart illustrates fund balance for the governmental fund types
fort ast six years.
The following chart prey
water and sewer facilities
cash flow basis, that is, o
but after payment of deb
facilities.
m
• The Town reported an excess of revenues and other financing
sources over expenditures and other financing uses for the year
ended September 30, 1997, of approximately $431,000.
• General governmental revenues for 1997, exclusive of bond
proceeds, were $4,728,000. This represents an increase over the
prior year of $510,000 (12%) and is mainly due to an increase in
licenses and permits.
• General governmental expenditures for 1997 were $5,298,000.
Of that amount, $1,291,000 was used for the renovation of
Town Hall and open space and recreation improvements.
• Total revenues received exceeded the budget for fiscal 1997 by
approximately $228,000.
$1,800,000
1,E00,000
1,400,000
1,270,000
1,000,000
800000
EOO,OOD
400,000
200,OOD
• Revenues on a budgets
imately $208,000 whey
• Total fund balance at September 30, 1997, was $2,110,873. The major attributable to an incre
~ponents of fund balance are as follows: and charges for servicE
Reserved for prepaid items and • Operating expenses ins
is due to an increase (9
inventory $ 24,383
Reserved for special projects 130,293
Reserved for debt service 597,388 • Summary data for eacl
Designated for capital projects 77,643
Undesignated, unreserved 1,281,166
$ 2,110,873
Revenues $1,
Debt service/
• Undesignated fund balance (available spendable resources) represents Ca ital outl~
approximately 28% of the budget for the fiscal year 97/98. Net operating
cash flow
*Excludes lawsuit settlement *"Excludes repavrrranf of RTC note
which was funded with bond proceeds.
1982 1893
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The following is an extension of my remarks made at the
Commission meeting of 1/20/98.
This report is presented in further reply to Ms. Mariano's
untitled written statement dated 1 /2/98. (see copy -1-attached).
The 1/2/98 statement is Ms. Mariano's commentary on the
Commissioners survey of the duties and authority of the Town
commission, -The town Manager, the hired professional services
and the Town Boards. (see copy -2- attached)
I have said I do not characterize this writing as trash. I take
it quite seriously. It is written with a purpose by someone who
understands what she is attempting to do.
Ms. Mariano's untitled statement of 1/2/98 contains a
preamble, five numbered paragraphs and a closing request. I shall
deal with each item separately.
Preamble Para: This paragraph is an example feigning
EXTREME support for a project and immediately in the same
sentence expressing objection to how it is being conducted.
Para 1. In the "Summary" there is a point of history and a
statement of fact. I leave challenges to history to others . A
statement of fact stands on its own merit. i.e.. "It is true that the
commission has been challenged on a number of fronts including
it's authority and responsibility to the public :and, with being
uninformed as to what constitutes a strong commission-manager
type of government".
As to the point of review and approval.
•f s . A ~
• The Commission agreed that we do a study of the duties and
authority inherent in acommission-manager form of government.
I was charged with the job of finding a consultant and reporting
back to the Commission. I did as directed. Out of a pool of about
35 names I called 10-12 consulting firms. I announced a plan to
meet with four consultants to present the survey plan and request
that each company submit a written proposal by the next workshop
meeting. I interviewed four. Three responded with proposals.
I presented the three proposals to the Commission, without
comment . It was understood that the candidates would come
before the commission to be interviewed. There was no
procedural error or oversight in moving this program forward.
Incidentally between 10/01/97 and 01/02/98 the text of the
two page charge was read to the commission four times.
• We come to the more odious part of the untitled 1/2/98
writing.
Para 2: First, the writing appears to accuse me of dealing in
secret. One has to wonder what the true motive behind this
statement was? Privy means "made a party to secret information or
something that is private or personal rather than official".
Nothing about what I did was secret. I announced in public at a
Commission meeting that I was going to interview the candidates.
Each candidate was notified of the interview by a letter prepared
and mailed from Ms. Marina's office. The interviews were
conducted at town hall. A perfectly open and correct procedure.
Second Ms. Mariano alludes to possibly cheating or
impropriety on my part by stating that she questioned "whether the
interviewees were given the same facts and treated equally".
When questioned directly Ms. Mariano claimed that it was Mr.
Long who came to her questioning whether or not he was on a
,~1~ ~ . 1 ~
"level playing field". Mr. Long repeatedly denied this when
questioned by me on the point. Further, Mr. Long stated that he
never approached Ms. Mariano with that "level playing field" idea.
It is my openion that this "level playing field "idea is Ms.
Mariano's own invention.
I repeat myself that in fact each candidate was treated
equally and fairly. In each case the candidate was informed that
the two page summary was the only material to be used in making
their proposal.
Third: As far asmiss-communication or misunderstanding
there was none. Each candidate has confirmed to me (and to the
commission at the January 20, 1998 Special Meeting) that I did in
fact treat them equally by giving each of them the same instruction
sheets.
• Para 3: The Town Commission as a whole was in fact
involved in discussing the scope of the action/purpose statement
presented to the consultants. In addition it was intended from the
beginning that all candidates be interviewed separately by the
Commission. I called each candidate to have them come before the
Commission.
Para 4: This statement is a bit silly for two reasons.
First: The paragraph is written as though the Town attorney's
town-function list was not be used, or somehow would be hidden
from the candidate.
Second: Ms. Mariano proposes to have (the selected consultant)
offset their fee by with a portion of the cost of attorneys fee.
#5 I agree with #5 in substance. However, the paragraph
does not mention that in all cases it remains the prerogative of the
. ~ ~. ~ .
commission to accept or reject whoever and whatever material is
presented by the Town Manager.
I am taken by the operative words (administrative) authority
and responsibility . I suggest that Ms. Mariano look to her own
past accomplishments before she maligns anyone else. I recall
some material items of concern that required commission prodding
to get action on.
-the obsolete computers
-the failure of the finance department in the production of
useful financial information when called for.
- the incorrect non-fund accounting computer program in use
up until 1997.
-the total disarray of the building department
-the creation of a job description manual. Incidentally Ms.
Mariano's original rebuff of the commission had all the earmarks
i of insubordination.
-Her record of hiring and firing people she later calls
incompetent but responsible is extensive.
-Her own practice of engaging a consultant without benefit
of any discussion, interview, job summary or contract citing the
consultant fees.
The closing paragraph whines about receiving a copy of the
charge sheets only a few hours before the commission meeting. I
am compelled to reply that I wish that the commissioners received
responses to all of their requests at least a few hours before
meetings rather then in some cases months or a year late or never.
I believe I have made my point. It is my opinion that the Ms.
Mariano's statement was presented to the commission for personal
ulterior motives to the detriment of myself and the town.
.~
. } } ~ .
It is my openion that the untitled writing of 1/2/98 was an
insulting, self-serving attempt to undermine the Commission's
present effort to correctly define the duties, authorities and
responsibility among the town functions.
It is my openion that the statement may well have been an
attempt to promote a favored consultant or that it may have been
an attempt to_ stop the survey Altogather.
And finally in Ms. Mirano own word the purpose of
submitting the 1/2/98 statement was to put into the town files
material for future reference.
Thomas J. Reid
Commissioner
Attachments:
Ms. Mariano's 1/2/98 statement
The survey charge
• ~
•
1/2198
ALTHOUGH I AM EXTREMELY SUPPORTIVE OF A PROPERLY
CONDUCTED MANAGEMENT AUDIT, I MUST AT THIS TIlVIE EXPRESS MY
OBJECTION TO THE CURRENT PRACESS FOR THE FOLLOWING
REASONS:
1. I TAKE EXCEPTION TO SEVERAL OF THE CONCLUSIONS
EXPRESSED IN THE SIJrNIMARY UTILIZED WHICH WAS NOT
EITHER REVIEWED OR APPROVED BY THE TOWN
COMMISSION FOR USE AS A BASIS FOR THE RECEIPT OF
FORMAL PROPOSALS.
2. NO ONE WAS PRIVY TO THE INDIVIDUAL CONVERSATIONS
BETWEEN COMMISSIONER REID AND EACH OF THE
CONSULTANTS INTERVIEWED AND SOLICITEI~~ SO THERE IS
NO WAY TO KNOW WHETHER EACH CONSULTANT WAS GIVEN
THE SAME FACTS AND TREATED EQUALLY.i A QUICK REVIEW
OF THE PROPOSALS SHOWS A RANGE BETWEEN $4,900 AND
$25,000 WHICH CLEARLY SHOWS THAT THERE HAD TO BE
SOME MISCOMMUNICATION OR MISUNDERSTANDING AMONG
• THE CONSULTANTS.
3. I BELIEVE THAT THE TOWN COMMISSION AS A WHOLE NEEDS
TO BE INVOLVED IN THE SETTING OF THE SCOPE OF
SERVICES REQUESTED AS WELL AS THE INTERVIEWING OF
QUALIFIED CONSULTANTS.
4. I BELIEVE THAT WE SHOULD USE THE INFORMATION FOR
WHICH THE TOWN PAID $1,730.00 TO THE TOWN ATTORNEY
WHO SET OUT THE APPROPRIATE CODE SECTIONS
REGARDING THE VARIOUS OFFICIAL AND STAFF FUNCTIONS
TO OFFSET A PORTION OF THE COST ASSOCIATED WITH
SOME OF THE REQUESTED REVIEW; AND
5. THE TOWN MANAGER HAS THE AUTHORITY AND
RESPONSIBILITY OF NOT ONLY TAKING PART IN THE
DISCUSSIONS OF ALL MUNICIPAL MATTERS, BUT TO
RECOIVIIVIEND TO THE COMMISSION THE ADOPTION OR
PASSAGE OF VARIOUS MEASURES.
BASED ON THE ABOVE, AS WELL AS THE FACT THAT NEITHER I NOR
THE TOWN ATTORNEY RECEIVE ANYTHIIVG ON THIS ISSUE UNTIL
CLOSE TO NOONTIIVIE TODAY, I FORMALLY REQUEST THAT THE TOWN
COMMISSION DEFER ANY ACTION ON THIS MATTER UNTIL SUCH TIIVIE
AS AN APPROPRIATE PROCEDURE IS FOLLOWED.
~, , .
'.
A brief histo~r of the Town...
~~
• The Town is approximately 50 years old. The Town was originally
organized as a political unit in order to have the authority to
supply itself with water. At the time, the surrounding towns would
not assist the families that lived on the beach, with their water
problem. Initially 26 families created the town and by the time of
the first election, 126 people could vote.
What with relatively few people in the Town, most of whom worked ~~p
because there were no citizens trained in town management, it was
more expedient to employ a strong operations manager.
Now. 50 vears later...
. We have a town of more than 3,000 households with another 1,000
due in town.
. Five elected Commissioners
. Approximately 55 employees
. 40 +/- advisors sitting on five town boards
. A Town attorney
. A Town CPA
. Various advisors who have been called in to do work that should
be done in-house.
The Commission has been challenged on a number of fronts including
final authority and responsibility to the public and with being
uninformed as to what constitutes a strong manager type of
government.
In this light, we are presently seeking to engage a consultant not
presently associated with the town operation or administration, to
conduct a survey with the following parameters.
ACTION/PURPOSE:
To examine and review the Town codes, ordinances, and policies and
procedures.
To determine the common and several separate duties, authority, and
responsibility of:
1. The Town Commission
2. Town Manager
3. Town Advisory Boards
4. Non-employee contract individual(s) or companies engaged to
perform services for the town.
Report, in writing to the Commission, the review f findings; make
recommendations as to the need to amend, repeal existing code,
ordinances, policies and procedures, or change the present form of
government. ,
,.
• .-~;
Should you be interested in submitting a proposal, you may make
your proposal as elaborate or as brief as you wish. However,
. included in it a summary of your and/or your company's:
a. Qualifications to perform the work
b. Related experience
c. List of clients you have worked for
d. Your fee schedule
This writing is in no manner a circumstance to be considered a
contract, engagement letter or employment offer. This writing is
to be considered a general outline of the work we would want to be
done. This writing is further subject to change, modification and
withdrawal at our will, choice and discretion. Further, this is
not to be construed as a binding contract between the parties, as
contracts can only be approved by the Commission as a whole
If you are interested in submitting a proposal, do so by December
29, 1997. Address same to:
Commissioner Thomas J. Reid
Town of Highland Beach
3614 South Ocean Blvd.
Highland Beach, FL 33487
In the meantime, should you have a question, call me at 561-278-
4548 any morning between 9 and 10 A.M.
~.
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HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR
To: Tom E. Sliney, Esquire
From: Larry Corman, Esquire
Date: January 28, 1998
File No./Re: Town Of Highland Beach - Determining Entitlement to
and Amount of "Excel" Payments
Section 3.3 of the Personnel Rules and Regulations of the
Town o€ Highland Beach dated March 19, 1997 provides, in pertinent
part that:
A. That "Excel" employee merit payments be calculated
on the employee's established anniversary date.
C. The amount awarded under the "Excel" program be
based upon the same percentage criteria as merit
pay adjustments as provided in the merit pay
• policy.
The Merit Pay Policy is set forth in Section 3.1 of the
Town's Personnel~Rules and Regulations, and provides as follows:
Based on the overall evaluation or the yearly
evaluation, the following merit increase may be
granted, effective on the established anniversary
date:
4~
3%
Og
Satisfactory
Anything less than satisfactory
The pertinent sections of the Town's Personnel Rules and
Regulations are attached.
Accordingly, based on their evaluations of her job
performance, the Town Commissioners will have to determine which
category the Town Manager's job performance fell within to decide
whether or not to award the Town Manager an Excel payment and, if
so, the amount of the payment.
• If you need any additional information, please so advise
me.
5~ Excellent
Good
LC/lp
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Inflation Adjustment
The Town Commission may grant a yearly basic salary inflation adjustment increase,
predicated on employee wages as of September 30 in a given year. If granted, the
inflation adjustment increase will not be effective until the first pay period in
December of the same year (not to be retroactive until October 1).
The United States Government Bureau of Labor Statistics Report (nationwide table -
sample attached) for the 12 month period ending April 30 each year shall be used
in determining the inflation adjustment.
~ ~~
The Excel Program for merit payments resulting from longevity as contained in the
June 1987 Long Report is adopted and shall be administered as follows:
A. That "Excel" employee merit payments be calculated on the employee'c
established anniversary date.
B. That the "Excel" merit payment be given in the next pay period following
• such anniversary review.
C. That the amount awarded under the "Excel" program be based upon the same
percentage criteria as merit pay adjustments as provided in the merit pay
policy.
D. That the "Excel" payment be made in a single lump sum payment and for
positive identification purposes, the payment be by separate check.
ARTICLE 3 -ATTENDANCE, LEAVE AND BENEFITS
SECTION 1 -ATTENDANCE AND LEAVE
Attendance Records
Attendance reports shall be completed by each employee and submitted to their
respective department heads. Each department head shall be responsible for
verification and transmittal of such reports to the Finance Department. Such reports
shall be filed with the Finance Department no later than the first work day of a
bi-weekly payroll period. A master attendance record shall be maintained for each
employee by the Finance Department. This record shall reflect all absences
• including sick leave, vacations, civil leave, and military leave and shall be made
available to the employee for inspection, upon request. Copies of all leave request
forms must be forwarded by department heads to the Town Manager for approval.
An official leave record file will be maintained in the Finance Office.
8
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SECTION 3 -SALARY APPROVAL AUTHORITY
The salary of each position within the Highland Beach organization shall be
determined by the position classification system (Long Associates Payroll and
Classification Survey, June 1987). The salary of all employees at the time of
employment, as well as increases which result from promotions or decreases which
result from discipline or other adverse actions, shall be approved by the Town
Manager.
The Town Manager, under the policy direction of the Town Commission, shall be
responsible for the overall administration of Highland Beach personnel policies and
procedures. However, the heads of each department shalt be responsible to the
Town Manager for ensuring that the personnel policies and procedures are carried
out day-by-day in their department.
The Finance Department will make deductions from the employee's pay for Social
Security and for Federal income tax, as required by law, and also for additional
family health insurance and ICMA pension program, and Nevv York Life Insurance.
Membership in the Credit Union of Palm Beach County is offered to employees with
deductions being made by the Town. No other personal deductions shall be made
by the Town on behalf of an employee, unless required by law. Deductions will be
made on a bi weekly basis from the employee's salary.
~1 Merit Pav
based on the overall evaluation or the yearly evaluation, the following merit increase
may be granted, effective on the established anniversary date:
5% Excellent
4°~ Good
3% Satisfactory
0% Anything less than satisfactory
7
1/2/98
ALTHOUGH I AM EXTREMELY SUPPORTIVE OF A PROPERLY
CONDUCTED MANAGEMENT AUDIT, I MUST AT THIS TIME EXPRESS MY
OBJECTION TO THE CURRENT PROCESS FOR THE FOLLOWING
REASONS:
1. I TAKE EXCEPTION TO SEVERAL OF THE CONCLUSIONS
EXPRESSED IN THE SUMMARY UTILIZED WHICH WAS NOT
EITHER REVIEWED OR APPROVED BY THE TOWN
COMMISSION FOR USE AS A BASIS FOR THE RECEIPT OF
FORMAL PROPOSALS.
2. NO ONE WAS PRIVY TO THE INDIVIDUAL CONVERSATIONS
BETWEEN COMMISSIONER REED AND EACH OF THE
CONSULTANTS INTERVIEWED AND SOLICITEpl SO THERE IS
NO WAY TO KNOW WHETHER EACH CONSULTANT WAS GIVEN
THE SAME FACTS AND TREATED EQUALLY./ A QUICK REVIEW
OF THE PROPOSALS SHOWS A RANGE BETWEEN $4,900 AND
$25,000 WHICH CLEARLY SHOWS THAT THERE HAD TO BE
SOME MISCOMMUNICATION OR MISUNDERSTANDING AMONG
THE CONSULTANTS.
3. I BELIEVE THAT THE TOWN COMMISSION AS A WHOLE NEEDS
TO BE INVOLVED IN THE SETTING OF THE SCOPE OF
SERVICES REQUESTED AS WELL AS THE INTERVIEWING OF
QUALIFIED CONSULTANTS.
4. I BELIEVE THAT WE SHOULD USE THE INFORMATION FOR
WHICH THE TOWN PAID $1,730.00 TO THE TOWN ATTORNEY
WHO SET OUT THE APPROPRIATE CODE SECTIONS
REGARDING THE VARIOUS OFFICIAL AND STAFF FUNCTIONS
TO OFFSET A PORTION OF THE COST ASSOCIATED WITH
SOME OF THE REQUESTED REVIEW; AND
5. THE TOWN MANAGER HAS THE AUTHORITY AND
RESPONSIBILITY OF NOT ONLY TAKING PART IN THE
DISCUSSIONS OF ALL MUNICIPAL MATTERS, BUT TO
RECOMMEND TO THE COMMISSION THE ADOPTION OR
PASSAGE OF VARIOUS MEASURES.
BASED ON THE ABOVE, AS WELL AS THE FACT THAT NEITHER I NOR
THE TOWN ATTORNEY RECEIVE ANYTHING ON THIS ISSUE UNTIL
CLOSE TO NOONTIME TODAY, I FORMALLY REQUEST THAT THE TOWN
COMMISSION DEFER ANY ACTION ON THIS MATTER UNTIL SUCH TIME
AS AN APPROPRIATE PROCEDURE IS FOLLOWED.
m
1
The Town is approximately 50 years old. The Town was originally
organized as a political unit in order to have the authority to
supply itself with water. At the time, the surrounding towns would
not assist the families that lived on the beach, with their water
problem. Initially 26 families created the town and by the time of
the first election, 126 people could vote.
What with relatively few people in the Town, most of whom worked)+*/D
because there were no citizens trained in town management, it was
more expedient to employ a strong operations manager.
We have a town of more than 3,000 households with another 1,000
due in town.
. Five elected Commissioners
. Approximately 55 employees
. 40 +/- advisors sitting on
A Town attorney
A Town CPA
Various advisors who have
be done in-house.
five town boards
been called in to do work that should
The Commission has been challenged on a number of fronts including
final authority and responsibility to the public and with being
uninformed as to what constitutes a strong manager type of
government. 1.
In this light, we are presently seeking to engage a consultant not
presently associated with the town operation or administration, to
conduct a survey with the following parameters.
ACTION/PURPOSE:
To examine and review the Town codes, ordinances, and policies and
procedures.
To determine the common and several separate duties, authority, and
responsibility of:
1. The Town Commission
2. Town Manager
3. Town Advisory Boards
4. Non-employee contract individuals) or companies engaged to
perform services for the town.
Report, in writing to the Commission, the review findings; make
recommendations as to the need to amend, repeal existing code,
ordinances, policies and procedures, or change the present form of
government.
Should you be interested in submitting a proposal, you may make
your proposal as elaborate or as brief as you wish. However,
included in it a summary of your and/or your company's:
a. Qualifications to perform the work
b. Related experience
C. List of clients you have worked for
d. Your fee schedule
This writing is in no manner a circumstance to be considered a
contract, engagement letter or employment offer. This writing is
to be considered a general outline of the work we would want to be
done. This writing is further subject to change, modification and
withdrawal at our will, choice and discretion. Further, this is
not to be construed as a binding contract between the parties, as
contracts can only be approved by the Commission as a whole
If you are interested in submitting a proposal, do so by December
29, 1997. Address same to:
Commissioner Thomas J. Reid
Town of Highland Beach
3614 South Ocean Blvd.
Highland Beach, FL 33487
In the meantime, should you have a question, call me at 561-278-
4548 any morning between 9 and 10 A.M.
HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR
To: Tom E. Sliney, Esquire
From: Larry Corman, Esquire
Date: January 28, 1998
File No./Re: Town Of Highland Beach - Determining Entitlement to
and Amount of "Excel" Payments
Section 3.3 of the Personnel Rules and Regulations of the
Town of Highland Beach dated March 19, 1997 provides, in pertinent
part that:
A. That "Excel" employee merit payments be calculated
on the employee's established -anniversary date.
C. The amount awarded under the "Excel" program be
based upon the same percentage criteria as merit
pay adjustments as provided in the merit pay
policy.
The Merit Pay Policy is set forth in Section 3.1 of the
Town's Personnel Rules and Regulations, and provides as follows:
Based on the overall evaluation or the yearly
evaluation, the following merit increase may be
granted, effective on the established anniversary
date:
5% Excellent
4% Good
3% Satisfactory
Anything less than satisfactory
The pertinent sections of the Town's Personnel Rules and
Regulations are attached.
Accordingly, based on their evaluations of her job
performance, the Town Commissioners will have to determine which
category the Town Manager's job performance fell within to decide
whether or not to award the Town Manager an Excel payment and, if
so, the amount of the payment.
If you need any additional information, please so advise
me.
LC/lp
89524
A
2 Inflation Adjustment
The Town Commission may grant a yearly basic salary inflation adjustment increase,
predicated on employee wages as of September 30 in a given year. If granted, the
inflation adjustment increase will not be effective until the first pay period in
December of the same year (not to be retroactive until October 1).
The United States Government Bureau of Labor Statistics Report (nationwide table -
sample attached) for the 12 month period ending April 30 each year shall be used
in determining the inflation adjustment.
3.3 Excel
The Excel Program for merit payments resulting from longevity as contained in the
June 1987 Long Report is adopted and shall be administered as follows:
A. That "Excel" employee merit payments be calculated on the employee's
established anniversary date.
B. That the "Excel" merit payment be given in the next pay period following
such anniversary review.
C. That the amount awarded under the "Excel" program be based upon the same
percentage criteria as merit pay adjustments as provided in the merit pay
policy.
D. That the "Excel" payment be made in a single lump sum payment and for
positive identification purposes, the payment be by separate check.
ARTICLE 3 - ATTENDANCE, LEAVE AND BENEFITS
SECTION 1 -ATTENDANCE AND LEAVE
Attendance Records
Attendance reports shall be completed by each employee and submitted to their
respective department heads. Each department head shall be responsible for
verification and transmittal of such reports to the Finance Department. Such reports
shall be filed with the Finance Department no later than the first work day of a
bi-weekly payroll period. A master attendance record shall be maintained for each
employee by the Finance Department. This record shall reflect all absences
including sick leave, vacations, civil leave, and military leave and shall be made
available to the employee for inspection, upon request. Copies of all leave request
forms must be forwarded by department heads to the Town Manager for approval.
An official leave record file will be maintained in the Finance Office.
Ll
SECTION 3 - SALARY APPROVAL AUTHORITY
The salary of each position within the Highland Beach organization shall be
determined by the position classification system (Long Associates Payroll and
Classification Survey, June 1987). The salary of all employees at the time of
employment, as well as increases which result from promotions or decreases which
result from discipline or other adverse actions, shall be approved by the Town
Manager.
The Town Managpr, under the policy direction of the Town Commission, shall be
responsible for the overall administration of Highland Beach personnel policies and
procedures. However, the heads of each department shall be responsible to the
Town Manager for ensuring that the personnel policies and procedures are carried
out day-by-day in their department.
The Finance Department will make deductions from the employee's pay for Social
Security and for Federal income tax, as required by law, and also for additional
family health insurance and ICMA pension program, and New York Life Insurance.
Membership in the Credit Union of Palm Beach County is offered to employees with
deductions being made by the Town. No other personal deductions shall be made
by the Town on behalf of an employee, unless required by law. Deductions will be
made on a bi weekly basis from the employee's salary.
3] Merit Pay
Based on the overall evaluation or the yearly evaluation, the following merit increase
may be granted, effective on the established anniversary date:
5% Excellent
4% Good
3% Satisfactory
0% Anything less than satisfactory
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