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2007.05.01_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, May 1, 2007 1:30 P.M. Mayor Harold R. Hagelmann called the Regular Meeting to order in Commission Chambers at 1:30 P.M. CALL TO ORDER: Roll Call : Members present: Mayor Harold R. Hagelmann; Vice Mayor Joseph J. Asselta; Commissioner Miriam S. Zwick; Commissioner Jim Newill, CPA; and Commissioner Doris M. Trinley. Also present: Town Attorney Larry Corman; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown 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. 1.ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Mayor Hagelmann requested that under ?New Business? the elimination of the position of Assistant to the Town Manager be included. 2.PUBLIC COMMENTS AND REQUESTS Ken Wells -Boca Sea Wall ? Applied for the boat lifts at property located at 1107 Russell Drive, Lots A & B. The Planning Board voted against it stating aesthetics was the reason as boat lifts are considered machinery. They would not be located in any one?s line of vision. This property is situated at 15 ½ feet above the water; the boat lifts would be at 4 ½ feet; the adjacent properties are at 10 ½ feet. Aesthetics does not come into play. Barry Seideman ? 4312 Intracoastal ? When I moved here, I was looking for a place to raise a family. My home has 5 baths, a pool and teenagers. There are 21 home owners in Bel Lido. On this Commission, there is no one who owns a single family home. Even though my last bill dropped to $400.00, it was twice the amount it was last year. Tier system needs to be abolished and refunds given. Home owners should not be penalized. Our water rates should be in line with the other towns in Palm Beach County. Our tax base increases every year. Need to go back to the old system. Joe Puleo ? Representative Fraternal Order of Police ? Prior to attending this meeting, Town Commission Minutes May 1, 2007 Page 2 of 9 while at the Holiday Day Inn, there was a problem in one of the rooms with a mentally deranged man. I observed your Police Department in the removal of this individual, and wanted to share with you the professionalism shown with this incident. Reviewed the video of last week?s workshop. The evaluation form with the 1-7% increase was not the FOP?s suggestion, but Mr. Sugerman?s. We are not looking to make extra bucks with the evaluation process. Hours of work ? This issue originally came up when an officer hit the top pay. Officer DeVito sent Mr. Sugerman a letter voicing his concerns. Both Chief Goss and Mr. Sugerman agreed that the salaries were originally figured using a 2080 hours, then 2093, then 2184. This is where the dispute arises. Litigation ? Right now we have two civil lawsuits and three arbitrations (2 with the same grievant) with the Town. Mr. Sugerman has requested two arbitrators, rather than settling them together, which is double the money. There is a hearing scheduled on th July 7 with Mr. Sugerman due to a violation of police rights. We presently have a poor working relationship with him. I will no longer meet with him, unless the meeting is taped. Larry Bonham ? Officer Highland Beach ? For those who think that the whole department will be receiving more money, is not true. It only affects the people at the top pay. Some of officers at the top pay have their yearly salary divided by 2,093 hours and other have it divided by 2,184. This makes a difference of $1.01 an hour in the top officers? salary. Neil Maiorino ? Resident and Police Officer ? Many figures have been thrown around. I would like to vent my feelings about last meeting. When we get up here to talk to the Board, we are talking about issues and fairness. During the last meeting it was stated that we wanted more money for overtime. Not true. Also we did not ask for an evaluation report that gives 7% raises. Town employees work 80 hours per pay period which totals 2080 hours per year. All we want is equal pay for equal hours. We are only asking that everything be fair. 3.PRESENTATIONS None 4. BOARDS AND COMMITTEES A)Board Correspondence 1)Planning Board recommendation to Town Commission Boat Lifts ? Property located at 1107 Russell Drive ? Lots #A & B Town Attorney Sliney ? This was a ?Special Exception? hearing and denied by the Planning Board. The Town Commission in accordance with Sec.30.36 and Sec. 30.46 of the Code of Ordinances will need to have a Public Hearing on this Special Exception. Chairman Larry Townsend has forwarded you correspondence explaining what has transpired to date, but in accordance with our Code of Ordinances, the Commission is still required to schedule and Town Commission Minutes May 1, 2007 Page 3 of 9 conduct a separate Public Hearing. Vice Mayor Asselta ? I would also recommend that each of you review the tape from the meetings held on thth February 14 and February 28. It will take about three hours. Attorney Sliney ? A great number of people spoke at these two hearings. Vice Mayor Asselta ? The solution of two questionable issues is minor to the problem. The Commission has to make up their mind - is this a beach town? The issue is ?esthetics vs. boating,? a pretty canal or a boating canal. Where are we going as a town? Were the canals made to serve the boats? Attorney Sliney ? Agree with the Vice Mayor. The Commission has to make a decision on the whole issue of canals. But right now they need to schedule a ?Special Exception Public Hearing? on the two current issues. Vice Mayor Asselta ? Many people are interested in the issue of boat docks. Should they be perpendicular or parallel to rd the property? Consensus ? Special Exception Public Hearing ? May 23, 2007 at 7 P.M. B) Board Action Report Accepted report as submitted. C)Board Meetings ? read into the record by Mayor Hagelmann ? Beaches & Shores Advisory ? May 8th ? Regular ? 9:30 A.M ? Planning Board ? May 9th ? Regular ? 9:30 A.M. ? Code Enforcement Board ? May 16th ? 9:30 A.M. ? Cultural Advisory ? May 24th ? Regular ? 9:30 A.M. ? Board of Adjustment & Appeals? None Scheduled ? Financial Advisory Board ? None Scheduled 5. PROPOSED ORDINANCES AND RESOLUTIONS None Proposed 6.NEW BUSINESS A)(ADDED) - Elimination of Position ? Assistant to Town Manager Mayor Hagelmann ? Have sent the Commission a letter requesting that this position be abolished and the work be assigned to the staff members that we currently have. Eliminating the position with benefits will save the Town approximately $60,000. Commissioner Newill ? I have also read the memo from the Town Manager. If you spend anytime in Town Hall, you are well aware of her commitment and work load. Do not see how we can eliminate that position. Mayor Hagelmann ? The job was created for her. Comm. Newill ? Out of necessity. Comm. Zwick ? The position has grown over the past three years. If we went through the Town Staff and assigned five of Sue?s jobs to every employee ? most employees would not be qualified. Favoritism is a reprehensible word. The Town has asked for more and more communication. If she was only doing one thing, perhaps you could assign that job to someone else. If the state cuts back on our Town Commission Minutes May 1, 2007 Page 4 of 9 money, are we going to cut jobs that have to be done? Are we going to eliminate the fire department and police department? Are we going to ask our police department to take on more hours? If that is the attitude, we are not doing our residents any favors. Eliminating this position would be taking away services that our residents receive. Mayor Hagelmann ? No one has said we wanted to get rid of the fire department or police department. The job description that she started with is not the same one the Town Manager had distributed. Do not want to see Tallahassee tells us we have to cut the budget for $2.2 million dollars. Feel her work can be distributed equally amongst all the employees. Comm. Trinley ? Do not have a copy of Mr. Sugerman?s memo. Dale ? What do you think? Manager Sugerman ? Do not want to demand an employee take on an assignment that was someone else?s job. Have given all the employees an opportunity to volunteer or eliminate her responsibilities. I feel it is an indispensable position, but it is up to the Commission. Comm. Newill ? I wish the Commission can rise above making snide comments about employees. Everyone should be judges on their work. This is the third job description I recently had reviewed where the following is included in the description ??A comparable amount of training, education or experience may be substituted for the minimum qualifications.? I would like to see it eliminated. Vice Mayor Asselta ? Not prepared to make a decision to start eliminating positions. Has anyone volunteered for any of her task?s Mgr. Sugerman ? th responses are not due to May 11. Vice Mayor Asselta ? Agree that we do not need to make knee jerk reactions. We have one of the lowest tax rates in Florida. We need to do what is best for our residents. Mayor Hagelmann ? Recently attended a Mayor?s meeting and the discussion was that the towns needed to start preparing for cuts. B. Commission Meeting Schedule November and December 2007 MOTION: Commissioner Trinley moved to hold Regular Meetings on November 6, 2007 and December 4, 2007 and cancel the November 27, 2007 and December 25, 2007 Workshops; seconded by Commissioner Zwick. ROLL CALL : Comm. Newill - Yes Comm. Zwick ? Yes Comm. Trinley - Yes Vice Mayor Asselta ? Yes Mayor Hagelmann ? Yes. MOTION CARRIED UNANIMOUSLY C.Implementation of a New Performance Evaluation Form ? Fraternal Order of Police Town Manager Sugerman ? Item not created by the FOP, but as part of the Bargaining Agreement. Draft is something that I created. The new form will continue to have a variety of different performance factors, each factor to be rated against the employee?s actual on-the-job performance. The category of ratings, Town Commission Minutes May 1, 2007 Page 5 of 9 however, will be modified using the following scale: 1%-3% - an employee who is satisfactorily performing his/her job; 4%-5% - an employee who is excelling at their performance compared to the performance of employees who are in similar position; 6%-7% an employee who is adding value to the organization. The ?added value? allows the police to receive a maximum value of 7%. The Commission does not have to act upon it. If you find it acceptable, it can be implemented at the beginning of the new fiscal year. Mayor Hagelmann ? FOP does not want it, no need to adopt it. Vice Mayor Asselta ? What do we get for 2%, and do you contemplate offering it to the rest of the employees? Manager Sugerman ? If this could be the standard, I would hope it be acceptable town wide. Current standard is Microsoft Office Word and Excel. Enhanced or added value would be Power Point or Access or a second language. Vice Mayor Asselta ? Do you have any idea of the dollar cost? Manager Sugerman ? We budget for the max that every employee can earn so that we have the dollars to cover a maximum increase. It does not mean that every employee will receive it. Comm. Trinley ? Who would set the enhanced value? Manager Sugerman ? The department heads through the evaluation forms. Comm. Trinley ? So the judgment call will be made by the department heads? Correct. MOTION: Vice Mayor Asselta moved to adopt the New Performance Evaluation Process for Employees Covered by the Collective Bargaining Agreement between the Town and the Fraternal Order of Police, seconded by Commissioner Zwick. ROLL CALL : Comm. Newill - No Comm. Zwick - Yes Comm. Trinley - No Vice Mayor Asselta ? Yes Mayor Hagelmann ? Yes. MOTION CARRIED 3 -2 Town Manager Sugerman reminded the Commission that this is a two part agreement and it would be sent to the FOP for ratification. D. Modification to the Collective Bargaining Agreement between the Town and the Fraternal Order of Police as it relates to Base Pay Town Manager Sugerman ? The current Collective Bargaining Agreement between the Town and the FOP established the fact that an employee?s base compensation is based upon working 2,184 hours per fiscal year. Overtime compensation does not th begin until the employee works into his or her 85 hour within the two week period. This is clearly spelled out in Article 11, Section 2 of the Agreement. The FOP has asked if the Town would be willing to modify the current agreement to set the base compensation on a lower schedule of hours worked, either 2093 or 2,080. If the Town Commission were to agree to this request, overtime would kick in either after the employee works 80.5 hours in a two week period (2093 annualized), or 80 hours in a two week period (2080 annualized). The Town is under no obligation to make Town Commission Minutes May 1, 2007 Page 6 of 9 this modification to the Collective Bargaining Agreement. It is something that we have talked about, but there would have to be a trade off from the FOP. This would affect everybody, not just three employees. Recommendation is ?Not? to accept the proposal. Comments: Comm. Zwick ? Still digesting. Vice Mayor Asselta ? Once you have a contract, it is pretty clear. Ball in court of FOP. Contract in effect until 9/30/2008. Comm. Trinley ? Willing to negotiate 2080 hours if receive a trade off. Comm. Newill ? Agree with Vice Mayor. We have an Agreement in place until Sept. 2008. Manager Sugerman ? Will put FOP on notice. 7)MISCELLANEOUS ? ITEMS LEFT OVER A)Establishment of Board Appointment Procedures Commissioner Zwick ? Have reviewed the draft, but insist that the candidates have some qualifications, every candidate be interviewed by the chairman, and that the chairman forward a letter of either recommendation or non recommendation. MOTION : Comm. Zwick moved to adopt the ?Board Appointment Procedures? dated 3/29/07 with the inclusion that all applicants be interviewed and a letter forwarded to the Commission from the board or committee within two weeks after the interview; seconded by Vice Mayor Asselta. ROLL CALL : Comm. Zwick ? Yes Comm. Trinley - Yes Comm. Newill - Yes Vice Mayor Asselta ? Yes Mayor Hagelmann ? Yes. MOTION CARRIED UNANIMOUSLY B) Purchase of Roll-down Hurricane Shutters for Water Treatment Plant Public Works Director Jack Lee - After reviewing the bids from the three Contractors and comparing the warranties and wind load rating, he is now recommending AAA Shutters. Comm. Zwick ? Are the shutters for both the first and second floors and does the 140/150 mph meet the Miami Code? Director Lee ? The shutters are for the front of the building. It will be up to the Building Inspector to do the calculations on the shutters to determine if they meet the Miami/Dade Code? Comm. Newill ? How long have they been in business? Did you investigate to see if they have any complaints? Building Official Dawson ? The Miami/Dade Code is based upon winds in a hurricane zone of 160/170 mph. We are not located in that zone. Our exposure is about 140mph. The wind speed table is measured by the pressure against the shutters on the building. MOTION : Comm. Zwick moved to authorize the purchase of hurricane shutters in the amount not to exceed $24,717 from AAA Shutters; seconded by Comm. Newill. Town Commission Minutes May 1, 2007 Page 7 of 9 ROLL CALL : Comm. Trinley - Yes Comm. Newill - Yes Comm. Zwick ? Yes Vice Mayor Asselta ? Yes Mayor Hagelmann ? Yes. MOTION CARRIED UNANIMOUSLY 8) REPORTS ? TOWN COMMISSION Commissioner Trinley ? No Report Commissioner Newill, CPA ? In the Palm Beach Post this morning there was an article about the measures Delray Beach is considering due to the State Tax Plan - elimination of 116 jobs, closing of libraries and swimming pools. We cannot make any decisions until we know what has actually been approved. Commissioner Zwick ? Appears scare tactics are being used when it comes down to state taxes. Vice Mayor Asselta ? Milani Park ? Can we schedule a meeting for the sub-committee to start going forward? Should be receiving a letter from the Beaches and Shores th Committee. Scheduled for May 14 at 2:00 P.M. . Mayor Hagelmann ? No report. 9)REPORTS ? TOWN ATTORNEY Town Attorney Sliney stated he wanted to confirm that everyone on the Commission th would be able to attend the three ?Executive Sessions? scheduled for Monday, May 14 beginning at 9 A.M. All agreed. REPORTS ? TOWN MANAGER 10)? No Report 11.CONSENT AGENDA A. Board Vacancies - Appointments Joseph Yucht ? 3 Year Term to Planning Board Neil W. Burd - 3 Year Term to Board of Adjustment and Appeals nd Peter Corrales ? 3 Year Term (2) to Board of Adjustment and Appeals nd Frank L. Colarullo ? 3 Year Term (2) to Code Enforcement Board Town Commission Minutes May 1, 2007 Page 8 of 9 B. Authorization for Town Manager to Submit a 2007/2008/2009 Keep Palm Beach County Beautiful grant Application C. Authorization the Mayor to sign a contract with Cotleur & Hearing for services associated with SR A1A Streetscape ? Phase II and III D. Authorization the expenditure of $30,000 for improvements for Well #7 to bring it back online. E. Minutes Workshop Meeting ? 3/27/07 MOTION: Vice Mayor Asselta moved to approve the Consent Agenda; seconded by Commissioner Newill. ROLL CALL : Comm. Zwick ? Yes Comm. Trinley - Yes Comm. Newill - Yes Vice Mayor Asselta ? Yes Mayor Hagelmann ? Yes. MOTION CARRIED UNANIMOUSLY 12.PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Chief Carlo Angelillo ? Police Compensation ? Prior to the Collective Bargaining Agreement, the hourly compensation was initially based on 2084 hours then it was changed to 2093. When the agreement was signed and ratified, the hours were changed to 2184. When some officers hit their maximum pay, the pay for some was based on 2084, others 2093 and now 2184 hours. Consequently, their hourly rate is not the same. The officers at the top pay would like to have their hourly rates reconsidered. 13.ADJOURNMENT There being no further business to come before the Commission. Mayor MOTION Hagelmann adjourned the Workshop at 3:25 P.M. upon a by Commissioner Newill seconded by Vice Mayor Asselta. Town Commission Minutes May 1, 2007 Page 9 of 9 APPROVE: __________________________________________ Harold R. Hagelmann __________________________________________ Joseph J. Asselta, Vice Mayor __________________________________________ Miriam S. Zwick, Commissioner __________________________________________ Jim Newill, CPA, Commissioner _________________________________________ Attest: Doris M. Trinley, Commissioner _________________________ Date: ____________________ 5/7/07