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2010.09.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday,, September 7 2010 1:30 PM Mayor Jim Newill, CPA, called the Regular Meeting to order in Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Jim Newill, CPA; Vice Mayor Miriam S. Zwick; Commissioner Doris M, Trinley; Commissioner John J. Sorrelli; and Commissioner John J. Pagliaro. Also present: Town Attorney Tom Sliney; 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. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA Mayor Newill asked for any additions or deletions. Town Manager Sugerman - I would like to introduce Teresa Rueppel from the Government Services Group who is filling in for Heidi Snyder today. 2. PUBLIC COMMENTS AND REQUESTS Arlin Voress -4403 Intracoastal Drive I will be out of Town for the next couple of weeks and would like to make a couple of comments regarding the budget. After talking to the Town Manager, he has advised that all the changes requested by the Commission have been included in the revised budget. One of the things important to me and included in the budget are the thirty seven employees of the Town and the role they play in it. In all my years in business, I believe our commitment to our employees is to give performance reviews. With reviews, you can speak to them regarding things that need to be improved, things that need to be changed and how we are coming along. I know that the Town Manager has suggested to you that we do not have performance reviews for this year, but I think it is vitally important that the employees of this Town are committed to that budget. This can be accomplished by having performance reviews to get an understanding of how their role fits into the operation of the Town. I would suggest to the Commission, even though the Town Manager suggested a one year experiment, with the economy being what it is and not likely to change for the next couple of years, it is vital that Town Commission Regular Minutes September 7, 2010 Paste 2 of 7 we have the employees committed to be a part of the Town. I would suggest that you include performance reviews as part of the budgetary process. 3. PRESENTATIONS • Appreciation Plaque presented to the 2010 Complete Count Committee by the United States Department of Commerce On behalf of Dr. Robert Groves, Director, U. S. Census Bureau, Mayor Newill presented the Appreciation Plaque to Lou Stern, Chairman of the Complete Count Committee. The plaque read: The U.S. Census Bureau hereby recognizes the Highland Beach Complete Count Committee as a valued partner and offers appreciation for your support in raising awareness of and inspiring participation in the 2010 Census Your efforts to help achieve a complete and accurate census count have made a lasting impact on the nation. Chairman Lou Stern introduced the members of the Complete Count Committee: Mary Angel, Max Angel, Gerry Pagliaro, Dennis Sheridan, and Rosalind Svenstrup. In addition, he requested that the plaque be hung in Town Hall. The full appreciation letter from George Grandy, Atlanta Regional Director, was read into the record by Town Clerk Brown. 4. BOARDS AND COMIVIITTEES A) Board Correspondence • None B) Board Action Report • Read into the record by the Town Clerk C) Vacancies • Beaches & Shores Advisory -One full term • Planning Board -One full term D) Monthly Board Meetings • Special Magistrate -September 2°d -Cancelled • Planning Board -September 8~` Regular -Cancelled • Beaches & Shores Advisory -September 14th -Regular - 9:30 AM • Town Commission Budget Public Hearing -September 16a` - 5:01 PM • Bd. of Adjustment -September 21st -Public Hearing - 9:30 AM • Town Commission Budget Public Hearing -September 27~' - 5:01 PM 5. PROPOSED ORDINANCES AND RESOLUTIONS • None. Town Commission Regular Minutes September 7, 2010 Paae 3 of 7 6. NEW BUSINESS A) Approving a Site Plan for a Major Modification to Enclose the Patio at the Property Located at 1019 Bel Air Drive, Unit #C Town Mana eg r Superman -The residents at 1019 Bel Air Drive, Unit #C, Mr. and Mrs. Ramie, have submitted an application to the Town to enclose their patio. 1019 Bel Air Drive is a three unit multi- family complex. This improvement is considered to be a "major modification" under the Town Code. Therefore, the applicant must first appear before the Planning Board asking for a review and approval of this major modification. The Planning Board acts in a review capacity on this request and then makes a recommendation to the Town Commission which is the decision making authority for the granting of major modifications for multi-family structures. The Planning Board held a special meeting on August 23'a to conduct their site plan review. The Board found the application complied with the Town Code. A copy of their approval transmittal is included with your packet of material. This matter is coming before the Commission for a final site plan review and consideration of panting the major modification approval. It is Section 30-37(a}(6} of the Code which directs that the final approval is granted by the Town Commission. Included with your file is a cover memorandum from the secretary of the Planning Board outlining the approval process to date. The actual drawings have been on file with the Town Clerk, and she has them on hand at today's meeting, as creating duplicate sets of drawings would be very expensive. Building Inspector Mike DeSorcy is in attendance as well as a representative of the applicant if the Commission has any questions. This item can be approved by a simple motion, second, discussion and vote. I might also mention that Items #6A and #bB are very similar. They are two units, two applications, in the same building, but at opposite ends, requesting enclosure of their patios. Vice Mayor Zwick -Are Units #A & #C on the ground level or 2~ story? Manager Superman -They are both end units on the ground floor. Building Inspector DeSorcv -Unit #B is already enclosed. Town Attorney Slinev -One of the conditions of the Planning Board was that they were to receive approval from the Condominium Association. Mana eg r Superman -That is also included in the file. MOTION: Commissioner Sorrelli moved to approve the Site Plan for property located at 1019 Bel Air Drive, Unit #C, a major modification of enclosing the patio; seconded by Commissioner Pa liaro. A voice vote was taken with all in favor. B) Approving a Site Plan for a Major Modification to Enclose the Patio at the Property Located at 1019 Bel Air Drive, Unit #A Town Mans er Superman - This is Agenda Item #6B approving a site plan for a major modification to enclose the patio at the property located at 1019 Bel Air Drive, Unit #A. I will not introduce this topic from the beginning as I did with the prior application. It is a near identical application except it is for Unit #A, 1019 Bel Air Drive owned by Mr. and Mrs. Hessler. It is similarly situated as the Town Commission Regular Minutes September 7, 2010 Page 4 of 7 previous application, except at the other end of the building. We also have the approval letter from the Condo Board. Vice Mayor Zwick -Are these three units an entity by themselves or are they part of another condo association? Mike McGuire, General Contractor - It is a three unit condo association. Vice Mayor Zwick - Is Mr. Hessler the president of the condo association. Mr. McGuire -Yes. MOTION: Commissioner Sorrelli moved to approve the Site Plan for property located at 1019 Bel Air Drive, Unit #C, a major modification of enclosing the patio; seconded by Vice Mayor Zwick. A voice vote was taken with all in favor. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Authorizing the Mayor to Sign an Agreement for Janitorial Services with Sunshine Cleaning Systems, Inc. by Piggy-Backing on a Contract of the City of Boca. Raton (R.F.P. #207-OS) Town Mana,~Zer Sugerman -This item was introduced at last week's workshop, but the Town Attorney had a number of questions about certain provisions in the contract. We brought those questions to the owner of Sunshine Systems, Inc. and he had made modifications that we think will satisfy the Town Attorney, but for one clause dealing with the deficiency list. The Town Attorney and I have talked a little further and we may be on the same page as to what our goal is in the use of the deficiency list but not necessarily in the application, The Town Attorney can speak for himself as he just saw it for the first time prior to the start of the meeting. But I believe we have accomplished virtually everything that had been recommended. I suggest to the Commission that if you feel comfortable enough, give the Mayor the authority to sign the contract for services between now and October 1 ~` if the Town Attorney is satisfied with the final terms and conditions. If not, this would have to wait until the October meeting and we would be without cleaning services. I would recommend giving the Mayor the authority that he be allowed to use his discretion to sign the contract. Town Attorney - I agree with the Town Manager's recommendation. Commissioner Sorrelli -Why do you keep referring to piggy-backing on the Boca contract? Town Mana eg r Sugerman - In the State of Florida, the state statutes allow one governmental agency to use the terms and conditions of an existing contract of another governmental agency as long as the terms and conditions of the second governmental agency are the same as the first. The City of Boca is a governmental agency; they went out and requested proposals; awarded a contract to Sunshine Systems, Inc.; and by doing that we are piggy-backing on their contract. We are using their contract to serve our needs at their price. It is a great example of intergovernmental co-operation. Mayor Newill -Town Attorney, you had requested changes to the verbiage in this contract. How can we now piggy-back if we change the terms? Town Attorney Sliney -The final result is the same. Do not have any problems with it. Town Commission Regulaz Minutes September 7 2010 Page 5 of 7 MOTION: Commissioner Pa iazo moved to authorize the Mayor to sign an agreement for janitorial services with Sunshine Cleaning Systems, Inc. by piggy-backing on a contract of the City of Boca. Raton (RFP #207-OS) when the Town Attorney is satisfied with the terms; seconded by Vice Mayor Zwick. ROLL CALL: Commissioner Pagliazo - Yes Vice Mayor Zwick - Yes Commissioner Trinley - Yes Commissioner Sorrelli - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. 8. REPORTS -TOWN COMMISSION Commissioner Pa iazo - No Report. Commissioner Sorrelli No Report. Commissioner Trinley - No Report. Vice Mayor Zwick - No Report. Mayor Newill - I have two items. 1) I am still wrestling, and am in agreement with the former Mayor, that in my fifty plus yeazs of education, training and experience, I cannot turn my back on true merit raises based on annual written employee evaluations, instead of everyone getting a raise based on nothing other than just being here. I cannot support the current budget package which eliminates the long standing excellent governance tool. This is the worst example of bad corporate governance that I have seen. 2) I had a question, as one of our residents had raised the point, is the fire truck old enough to be replaced? I had the Town Clerk check to see what the age of fire trucks on the market aze for sale. (The report of the ages of the used fire trucks currently listed for sale was read into the record.) If you average the age of these trucks, not quite sure of what we could do with it, but I think it would far exceed the age of our fire truck that we will be going to referendum to replace. 9. REPORTS -TOWN ATTORNEY No Report. 10. REPORTS - TOWN MANAGER No Report Town Commission Regular Minutes September 7, 2010 Page 6 of 7 11. CONSENT AGENDA Mayor Newill asked if any item needed to be removed from the Consent Agenda. MOTION: Commissioner Trinlev moved to approve the Consent Agenda as presented; seconded by Commissioner Sorrelli. Voice vote with all in favor. Consent Agenda Items: A} Appointment of Susan Hiles to the Beaches & Shores Advisory Board for athree-year term (08/10 - 07/13) B) Appointment of Ilyne Mendelson to the Planning Board for athree-year term (10!10- 09/13) C) Approving Change Order #1 to the Contract with Asphalt Consultants, Inc. in the Amount of $44,683.36 for the SR Al A Water Transmission Replacement Project D) Minutes July 13, 2010 -Special Meeting July 27, 2010 -Workshop Meeting August 3, 2010 -Regular Meeting August 3, 2010 -Budget Workshop 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joseph Asselta -Casuarina I was not going to say anything until. Mayor Newill and Mayor Voress made comments on written evaluations. I also support written evaluations. During my thirty years in the Navy we evaluated every officer four times a year. I do not know how you could manage something as complex as a military organization without evaluations. And it works. In my law firm we also relied on written evaluations. You cannot operate any kind of a business without evaluations. One of the reasons that our education system is screwed up is that teachers refuse evaluations. One of the pluses of an evaluation is that you are protecting yourself from lawsuits. If it is in writing, it is very difficult for someone to say that person has that kind of characteristic when all the other evaluations did not show it. At the same token, if you fire someone and have the evaluations supporting that, they cannot come back and sue you. It also prevents arbitrary firings and promotions, which unfortunately in small organizations is the rule of thumb. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 2:05 PM upon a MOTION by Commissioner Paaliaro; seconded by Vice Mayor Zwick. Town Commission Regular Minutes September 7, 2010 Pate 7 of 7 APPROVED: ' fir" ;,r'l, Jim Ne ' i 1, CPA, Mayor -~ , ~ ~ S. Zwick, V ayor ~- ATTEST: ~ ~ Beverl//y~~jjM. Br , MMC Date Doris M. Trinley, Commissioner