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1998.01.20_TC_Minutes_Specialir...-,.a-......,jr TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING SPECIAL MEETING Tuesday, January 20, 1998 3:00 P.M. Mayor Arlin G. Voress called the Special Meeting to order in Commission Chambers at 3:00 P.M., saying its purpose was to review previously submitted proposals regarding a Management Audit of the Town's organization, with representatives of the following: CODY & ASSOCIATES DAVID M. GRIFFITH & ASSOCIATES DANIEL STUMP, ESQ. Town Clerk Doris Trinley called the ro:11. The Mayor, Vice Mayor John F. Rand, and Commissioners David Augenstein and Thomas J. Reid were present. Commissioner Michael W. Hill was absent. Town Attorney Thomas E. Sliney and Town Manager Mary Ann Mariano were also present, as were members of the general public. Before the review process started, Toy advised of a request from Delray Fire existing recliner chairs in the fire further repair, at a total cost of COMMISSIONER AUGENSTEIN/COMMISSIONER unanimously approved. Nn Manager Mary Ann Mariano Rescue to replace five (5) station, which are beyond $1,884.95. Upon MOTION by REID, the request was Mayor Voress then asked Commissioner Reid to address the proposal reviews. The Commissioner first introduced the respective representatives of the three firms, namely: Nicholas E. Pellegrino for Cody & Associates Betty O. Armstrong for D.M Griffith & Associates, Ltd. Daniel Stump, Esq. Commissioner Reid then gave each representative a copy of the "Scope of Services" he said he had given to each prior to his initial interviews with each, and questioned if indeed this was what was presented to each as the Scope of Services at the time of interview, as well as $25,000 being quoted as the maximum budget for the project. Mr. Pellegrino and Mr. Stump replied affirmatively; Ms. Armstrong noted this was the information she had been made aware of from John House via Don Long, her associates at D.M. Griffith. (Note: "Scope of Services" attached to and made part of January 02, 1998 Special Workshop Meeting Minutes). It was agreed that this being a Public Meeting, each representative could remain in Chambers while the other reviewed his proposal and answered the Commission's questions; however, the representatives Minutes of Town Commission Meeting . January 20, 1998 Special Meeting Page 2 of 3 elected to allow each presentation to be made exclusive of the others being in Chambers. Accordingly, each reviewed his previously submitted proposal with the Commission, including background information and credentials regarding their respective firms, available staff, how the work would be approached, and how much time would be needed to complete the project. Presentations were made i.n the following order: D.M. Griffith & Associates. Ltd. Cody & Associates, Inc. Daniel Stump, Esq. During Cody & Associates, Inc. presentation, Mr. Pellegrino was questioned why their proposal was amended from $4,900 to $15,900. He replied that further analysis of the goals, objectives and work required to complete the project had warranted the increase. After the presentations were completed, lengthy discussion took place among the Commission members and the general public, which included Board Chairmen and Board Members, during which varying • opinions were expressed. Concluding discussion, the following MOTION by COMMISSIONER REID/COMMISSIONER AUGENSTEIN was unanimously approved upon roll call vote: THE TOWN COMMISSION ACCEPTS THE AMENDED PROPOSAL OF CODY AND ASSOCIATES, INC., IN THE AMOUNT OF $15,900, TO DO A MANAGEMENT AUDIT OF THE TOWN'S ORGANIZATION. Commissioner Reid then requested to read into the record a general response to Town Manager Mariano's statement which she read into the record at the January 02, 1998 Special Workshop Meeting. When asked by Mayor Voress if she wished to respond to the Commissioner's remarks, Ms. Mariano replied that she did not. (A copy of Commissioner Reid's remarks are attached to and made part of these Minutes.} There being rio further business to come before the Commission at this time, Mayor Voress adjourned the Special Meeting at 4:40 P.M. upon MOTION by 'DICE MAYOR RAND/COMMISSIONER REID. dmt • Minutes of Town Commission Meeting Januarv 20, 1998 Special Meeting Page 3 of 3 APPROVED: 1: ti David Augenste' Commissioner z Thomas J. Reid, Commissioner -ABSENT- Michael W. Hill, Commissioner • ATTEST: ~~ ~~~~~ v (~' DA E : ~~ ~3 0 ~_..~~" , Arlin G. Voress, Mayor r ~ •t +. READ INTO THE~~C0~.2D BY COMMISSIONER THOMAS. J. REID AT SPECIAETING RE MANAGEMENT AUDIT 01/20/98 Gentlemen: Thank you for this opportunity to explain my concerns about the events of the 1/2/98 meeting of the town commission. Try hard as I might, cannot find. wholesome motive~o attach to Ms. Mariano writing of 1/2/98 I do not characterize this writing as trash / I take it quite seriously ~ It is written with private inten `~y someone who understands~what she is attempting to do,~ and ~id it ve well. Ms. Mariano's untitled statement of 1/2/98 contains preamble,~five numbered paragraphs~and a closing request~To dissect or diagram each phrase and paragraph~/at this time,/would not be a proper use of the commissions timer~`I shall deal with each item separately at another time. f Rather than misuse~this time that the commissionf has so graciously granted me`I have a few points~that I wish to present for your consideration.) I have listened to the tapeslof the commission meetings from 10/2/97 to 1/2/98 jand have come to the conclusion~that we as a commission have been 1- presented with a political documentation scheme. 2rbecn distracted and diverted(into repeated discussions ,~s to what constitutes a proper bid process~;and, 3-have more than once(had it suggested~that the survey of duties and authorities~be broadened into an audit of management Taking each item separately~I present the following: i 1-In politics there is a primitive activity~colloquially called "CYA"for generically called1"Document, Document, Document whatever it is Document it" It goes this way.~Three examples. In writing:1 1-Make an outright claimrto believe in a certain ideall regardless of the genes of 1/ones actual belief~in the ideal, y~NVi~JE-.1~~45( 2-Make a statement of fact~about a right or prerogative( in such a manner~as convey the idea~that one is beingjdeprived of that prerogative ~or right; and, 3-Make an irrelevant claimlagainst another personas though that person~had done something~improperl and claim personal offense or outrage. This documentation~is then made a part of a permanent record~for future reference. When the record is referred to f at a later date1it will appear to be true. It is then used as proof(that one has previouslyEbeen harmed, mistreated or abused~in an unconscionable manner. Now let us apply these notions to Ms. Marina's spoken words and her untitled memoklated 1/2/98 ~Re: documentation. After Ms. Mariano had presented her memo and, After a 35 minute of discussion~on "proper" bid procedures jthe following comments were made. I transcribed this from the tape of the 1/2/98 Town . Commission Special Meeting . Mr. Rand: I think that this is a clear cut case of why we need such a survey. Ms. Mariano: I want one. ~I am truly supportive of a management audit.~(notice Ms. Mariano appears~~to want to expand;'the project to a management personnel survey). Mr. Reid: Eouldn't (all of)what you have just said be put in the frame work off"is this (survey) to be voted upon today?". The answer would have been no!~(and) "Are we going to interview these men individually?).~ The answer would have been yes! And, that would have been all that had to be said//The rest of that stuff is puffery,1it's written in there ~so that (at) a future date~you can go back and bg referenced (it). Ms. Mariano: ABSOLUTELY Mr. Reid: I finally learned how you do this mischie f it is there for future reference. I haven't quite garnered the technique of it~but that kind of stuff~is what come up and haunts the world at a later dateland (it's) the kind of stuff which makes life unpleasant. Ms. Mariano: It is my position Mr. Reid. It is my position and that's all there is.E Mayor: I would like to go on. --------- End of transcription This is the kind of political documentation, that unless challenged may actually appear to be true in the future. As regarding diversion: During the commissioners meeting of 10/28/97 Ms. Mariano attempted to broaden the survey into a survey of herself and her department heads. She would pitfher management team against all comers. ~ Ms. Mariano was told `that it was not the point~~to evaluate any personslactivities or administration.' Again I transcribed the following from the tape of 10/28/97 Ms. Mariano: I certainly would welcome such a study it should be objective,~professional management consultant firm There are many out there. Would pit management team,~myself and department heads~against any other(and can assure that the administration~of the town~is run more effectively~and efficiently than any town~its size (,and most of the large. I'm confident that any study would validate that position so I certainly welcome it. Mr. Reid: That is not the point. It is not the point to evaluate any persons activities or administration. The point is to discern and determine the duties, responsibilities and obligations of the various units of administration of the town. Not to point blame, not to point fingers. I accept what you are saying. You probably believe you have astalwart-sterling administration. That is not the point, I don't wish to evaluate that. I don't want to castigate it. I don't wish to praise it. End of transcription As noted above Mrs. Mariano has at each meeting successfully diverted the Commission and it's Council's attention away from the business at hand, into long discussions about bid procedure and the steps that could, should and may be taken to obtain bids for the survey at hand. Everyone here contributed to proposing,~after the fact of initiating the duties and authority survey, what tie bid procedure • should have been followed. ,• Mr. Sliney came closest to the bid procedure question when he briefly referred to the State statute. However, he never developed the idea. I would like to offer the following for your consideration. I called both the Delray Beach and the Palm Beach library reference departments before having to go to the F.A.U. library to research the municipal bid process for consultants. Using the supplemental index of the Florida Statutes I found the following. Under the Title Consultants (ref.#3) one finds competitive negotiation for professionals service. (Ref 287.055) Also see purchasing.. Under the Title Purchasing (Ref#4) there are 10 references to section 287.055. Also see Bids. Under the Title Bids (Ref#5) there are 3 references to section 287.055 Under the Section 287.055 (Ref#6) of the 1996 supplement to Florida Statutes 1995 sub section 2 definition a)"Professional Services" the statute does not include the type of consultant we wish to consider. Therefore we must look to our Town code for a procedure. The town does not have a written bid procedure. This becomes obvious when one listens to the tapes since 10/28/97 and realizes that I have been charged with procedures which were being created on the wing so to speak. ,~ • Since there is no written town bid procedure the next thing to do is use the town's own custom and practice as an example. Over the past few years at least (4) consultants have been engaged to update the town plan, manage the financial department, control the recent building project and review the building department. In each case I do not believe that a public bid was initiated and in (2) cases I do not believe a contact exists. In one case Ms. Mariano has presented to the town Commission Mr. Peter Ince to act as liaison between the building contractor and the town. Mr. Ince had : A ti ~ N ~Q~ w~ ~r~ (1) engagement letter ~ ~ (2) No fee statement (3) No knowledge of financial reporting (4) Was provided incomplete information as to the budget he was to work with; and, although the work done benefited the town, this error caused a significant job overrun of approximately $250,000. Mr. Ince's own comments, at a meeting attended by eight or nine persons including Ms. Mariano, Commissioner Augenstein and me, were that he defended himself by stating that he was not told that certain "soft costs" were chargeable to him and that he simply drifted into the consultants job. When considering Mr. Ince's consultation I am reminded of Ms. Moriano's concern for proper procedure and professional work. I have listened to the tapes of the meetingsince 10/2/97 and have come to the conclusion, belief and opinion that Ms. Marina's' untitled statement dated 1/2/98 and her subsequent comments document what I think. That is, that Ms. Marina's attempted to f/ r • 1-discredit me personally, 2- distract and misdirect the commission away from the survey of Town duties and authorities :and, 3-create a file document to be used at a later date for personal matters. I believe that I rightly characterize the material as a transparent attempt to salt the files of the Town of Highland Beach with supposedly favorable material for future reference. I believe that I have made my point in that I believe Ms. Mariano's motives were not in the best interest of the town, or for that matter myself. I find it amazing and at the same time distressing that an individual who in many respects excels in certain abilities fails miserably in others. How is it possible to be capable of conducting and administrating organized activities and still find it necessary to follow underhanded paths to self preservation and/or self advancement. There comes the question. Is such a person a positive or deleterious presence in a body of employees that are meant to work together as a cohesive and harmonious unit. Finally I believe that it should be axiomatic that the support or assistance a town manager gives to the Commissioners individually or the Commissioners as a sitting body should be constructive and positive and not distracting and disingenuous. I shall expand and report my remarks at a later date. Again I thank you for the opportunity to express my opinions.