2010.09.28_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH
• MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesda ~~September 28, 2010 1:30 PM
Mayor Jim Newill, CPA, called the Workshop 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; 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 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. Receiving none, the agenda was accepted as
presented.
2. PUBLIC COMMENTS AND REQUESTS
George Barlow -1084 Bel Lido
I want to talk about water front zoning and how it relates to the Board of Adjustment and the
granting of variances. I feel we have good water front zoning in Highland Beach, all you have to
do is look at other Towns to see how they compare. In certain sections of Fort Lauderdale, the
boats are jammed in so tight, you cannot see the water. I have lived in Bel Lido for 23 years, and
have attended many variance hearings. Unfortunately, I have noticed the steady degradation with
the zoning applications proposed, primarily through the granting of variances. Many in my view
were discriminate. The Board of Adjustment is unique in that they face a large spectrum of issues,
they run the full gamut. Many times they are dealing with complex issues. In the past, the Town
has realized that and appreciated it and provided the Board of Adjustment with an educational type
seminar. They bring someone in who has expertise in the field of zoning. They sit down and
discuss the various duties and obligations of the Board of Adjustment in granting of variances. The
last one was in 2000. Personally, I found it informative and worthwhile. I know it was well
received by the members of the Board. The seminar stressed the importance of Section 30-40 of
• the Code. If you look at Section 30-40, it lists the criteria that is to be used in the granting of
Town Corrunission Workshop Minutes
September 28, 2010 Pale 2 of 19
variances. Before you can even consider granting of a variance, the Board has to confirm that this
criteria has been met. When you read this section, you realize the bar is set high. There is an
extremely high threshold that you have to meet before they can consider granting a variance. If
these regulations are followed, you can see granting of variance would be more of a rare event
rather than a common event. One of the things that came out in the seminar on the function of the
Board, is that these criteria should be reviewed more as a protection of our codes, versus the
granting of variances. We have good, conscientious, dedicated people on the Board that are
donating their free time. I think it is incumbent on the Town to continue with this educational
seminar every two years. My purpose here today is two fold. One to show a need and two to
encourage the Commissioners to reinstate some type of an educational seminar. I noticed in the
past that there is apre-disposition on the part of the Board to grant variances. If neighbors do not
complain, the chances are the variance will be approved. Conversely enough, if the neighbors say
give i1:, that is not enough reason to grant a variance. The applicant needs to meet the criteria
before the Board can consider granting the variance. In the past, if the neighbor did complain, the
Board questioned the neighbor on why he was objecting. That is a reversal of what it should be.
The ominous is on the petitioner, not the neighbor. Our rules and regulations are not arbitrary in
nature. They are there for a reason. The neighbors should only have to say I object, and the Code
should. be upheld. The ominous is up to the petitioner. I would like to cover specifics from the
variance that was granted last week. I am not trying to reverse the decision or find fault. (Time
was up) I will be back at the end of the meeting to give specifics.
Ma~or~ Newill -Just so the Commission understands, Mr. Barlow called me on this subject. He
explained everything to me, and after I heard it all, I suggested that he attend the Commission
Meeting and share his information with the Commissioners. Two things happened after I talked to
George. I went over and discussed it with Town Manager. He readily stepped up to the plate and
volunteered to once a year conduct a training session for the Board. Our Town Attorney has also
volunteered to participate with the Town Manager. Every year you could have new members on
the Board. I always have concerns on these Board that have to deal with their fellow citizens,
neighbors, people they run into at the grocery store or church. I feel for those people as it is
difficult to say no or yes, whatever. I then asked the Manager if we could use a Special Magistrate
for this function. He stated that he never thought about it but it was an interesting thought. He
asked the Town Clerk to do a survey of municipalities in Palm Beach County on whether they used
a Special Magistrate or Board of Adjustment. We had a reply from 17 communities, and only three
use Board of Adjustments. The results indicate that West Palm Beach, which is a large
municipality and would not be dealing with neighbors, interesting enough use a Special
Magisl:rate. The Commission may want to think about it and explore for the future.
Gerry "Marshall - 1088 Bel Lido
In the year 2000, the then Mayor Tom Reid asked a group of us that were involved and impacted
by the proposed Code to meet with the Town Commission in preparation of this 2000 Code that we
are dealing with today. I was then President of the Bel Lido Homeowners Association, and have
been aware of everyone who has asked for a variance for docks, so that we would have uniformity
in Highland Beach, rather than looking like Fort Lauderdale. Sitting in that meeting and directing
it, was a fellow by the name of Marty Hutchkins, who at the time was the Special Magistrate in
Wellington. What you just talked about is a good idea because of what went on the other day. A
lovely home is being built in Bel Lido. The Code says you need a hardship. No hardship exists, •
Town Commission Workshop Minutes
September 28, 2010 Page 3 of 19
just aesthetics. The only dock I know in Highland Beach more than five feet away from the
• property line is going to be this house. It is going to be 9 feet from the property line, after being
given a variance by the Board of Adjustment. The only dock that I know that is 25 feet from the
property line is going to be this dock. It will be 10 feet from the property line. There is no dock in
all of Highland Beach that is less than 15 feet. The Code was not properly reviewed by Board of
Adjustment, otherwise they would not have granted the variance. Basically, I am supporting
George's comments that the Board of Adjustment should be educated and trained before they hear
any variances.
David Stern - 2901 S. Ocean Blvd.
I am Chairman of the Board of Adjustment and Appeals. I want to say that I support additional
education. Do not know if the decision would have been made differently. However, it is always
good to educate and listen.
Arlin Voress - 4403 Intracoastal Drive
In 60 some year's business, I always felt that business had two things going for it, people and
money. People to get ideas, money to turn those ideas into manufacturing, then people to sell your
goods. It is very important that people be given information about what kind of jobs they are
doing. I know on your agenda is a discussion on a recommendation by the Town Manager to put
the performance evaluation program on hold for a year. I think that is fundamentally wrong. I
think people need to be told what kind of job they are doing. If they are doing a good job say so.
If they are not, say where they need to improve and work on it. I know that discussion is going to
be held. Know of no business that does not have performance reviews. Do not eliminate the
• performance evaluation, change or update the form.
Joe Cannizaro -Bel Air Drive.
I would like to fortify what the former Mayor just said. It might be repetitive from what I said
yesterday. It is obvious in today's business environment, including the Town, that the employees
represent our most valuable asset. The Town's productivity and profitability depends on making
sure every person in the organization is working up to his/her potential. I believe a solid
performance review process is absolutely critical. I am not in favor of the one-year moratorium on
eliminating the performance review process. Without a good performance review process, our
employees would not have a clear idea of what is expected of them, and may not be working for
the goals of the Town. In addition, our Management Team would lack the proper information to
recognize and award top performers. One of the other issues that came up about the performance
review process is that everybody was going to be given the same raise regardless of their
performance review. There was also a point made about employees not feeling good when they
did not get an excellent review. In the real world this is not justifiable. Not everyone is rated
100% in real life. That should not be happening to our employees if they all were rated excellent.
Some of the key points, related to a good performance review process: 1) motivate employees; 2)
set goals; 2) integrate goals that start from the Commission and work there way down into the
organization; 4) clearly have a good picture of the Town's objectives, and what is expected from
the employee to meet those objectives. Recognize and compensate top performers. Many people
perform at different levels. There is a distribution curve if managed correctly. I think you get the
point.
Town Corrunission Workshop Minutes
September 28, 2010 Page 4 of 19
3. PRESENTATIONS .
• Police Department Volunteer Program
Police Chief Craig Hartmann
Town Mana eg r Su eg rman -Chief Hartmann is in attendance to discuss with the Commission the
planned Volunteer Program within the Police Department. Included in your packet is an outline of
the program, an application, and General order #2240 which is a published document for everyone
to see and is the document that describes the program fully.
Police Chief Hartmann -Thank you for having me on the agenda to explain the program. As part
of our ongoing process of improvement with the goal of operating as efficiently and effectively as
an agency, an analysis was conducted of the police department administrative assistant position.
Based on this, it was determined that the administrative assistant responsibilities could be
delivered to the community through the creation of a volunteer program while at the same time
maintaining the same level of service to the department and the community at a significant cost
savings. With that said, the Police Department is proposing the development of a Police Volunteer
Program within the agency. The volunteer program will be utilized to support front desk
administrative/clerical responsibilities, and will have the same hours of operation for the police
department lobby which is 8:30 am to 4:30 pm Monday through Friday. The purpose of
implernenting a volunteer program is to replace the administrative assistant position and eliminate
the associated salary and benefit costs and, at the same time create flexibility in the utilization of
police officers and reserve police officers in a front desk assignment. What this means is, •
depenciing on the number of hours covered by the volunteers we will need to use less hours of
coverage by paid reserve and patrol officers. The volunteers, which can be filled by one or more
persons, will be required to submit to a screening and review of their background. The qualified
volunteers will have such responsibilities as: 1) First point of contact for persons entering the
police lobby; 2) Phone receptionist for police main phone line; 3) Clerical tasks such as filing,
typing, photocopying and mail distribution.
All volunteers will receive an orientation to familiarize them with the agency and their role and
responsibilities as well as policy and procedures and expectations of customer service for the
assignment. The volunteers will then receive training on all tasks and functions required. The
volunteer program will operate under the direct supervision of the lieutenant who works the same
hours as the volunteers and will be working in an adjacent office within earshot of the volunteers.
The volunteers will be physically located in the front desk area of the police department lobby
which is a secure space located behind a bullet proof glass window and in a locked and limited
access office space. The volunteers are only in an administrative/clerical position and one that
presents no more risk or liability then any volunteer position in any other role or department in the
town. According to the Town's insurance agent, volunteers are included under Workers'
Compensation and there is no additional premium for either Workers' Compensation or Liability
within the scope of the town. As always I am available to discuss this proposal further.
Commissioner Pa lg iaro -Chief Hartmann, an interesting concept. I like what you said in
characterizing the job. What is the pay for the current Administrative Assistant? Chief Hartmann - •
Town Commission Workshop Minutes
September 28, 2010 Page 5 of 19
Full time with benefits is $76,000.00. We believe this is a great opportunity for the Police
Department to cut back expenses. Comm. Pa lg iaro - I heard you state: a) There is a training
• program; b) this person is not going to be there by him or herself; and c) that the Lieutenant's
office is adjacent to area in Police Department where the volunteers will be actually working to
provide any assistance or direction as needed. In light of what I have been hearing from my fellow
Commissioners, and the decisions that we have already made, in terms of the economy and saving
money, I think this is a wonderful opportunity. Chief Hartmann -The front desk will only be
staffed during the hours the police lobby is opened. The administrative staff and officers on duty
will be available for assistance.
Commissioner Trinley -How many volunteers for the front desk will you have involved in this
program? Chief Hartmann -That is the beauty of the flexibility of this program. It will be based
on time that an individual can volunteer, their skills, enthusiasm, hours available, and finding the
right people. With volunteers, you have to be flexible. Comm. Trinley - In view of the economic
times, I wish you well.
Commissioner Sorrelli -Will it be only town volunteers? Chief Hartmann -Not necessarily. We
will not let the level of service suffer. No matter who sits at that front desk, they will provide
quality service. In regards to the insurance issue, there is no additional or liability insurance
required. Town Mana eg r Su eg rman - We checked with our insurance carrier and the volunteers
would be covered under existing policy for all activities with no additional coverage.
Commissioner Sorrelli -Did you pay the former person at the desk $75,000.00? Chief Hartmann
• -That figure includes salary plus all benefits. Mana e~german -The person presently working
at the desk is a temporary employee and we pay her $17.00 an hour. We did not replace the
incumbent after she resigned, nor did we propose replacing that person in the proposed budget as
we thought we could fill that position with volunteers or reserve officers. During the Budget
Hearing there was discussion in regards to adding the position back into the Police Department's
Budget. I was asked to provide the Commission a spreadsheet on the cost of salary and benefits to
add this position back into the Budget. The information I provided, $76,000.00, surmised that the
employee would be hired at mid-range on the salary scale, family coverage for medical and all
other benefits. That position does not earn $75,000.00. Comm. Sorrelli -Who would be involved
with volunteers? Chief -The Lieutenant. Comm. Sorrelli - I am involved with many
organizations .and we can never get enough volunteers. It is a tremendous headache to get
volunteers. Chief Hartmann - I appreciate that. If you can find the right people to volunteer, it
will work. We could always go back to the way we were. Comm. Sorrelli - We have a great
Police Department in Highland Beach, do not spoil it.
Vice Mayor Zwick - I would like to add my voice of support. I know of the program that you
were in charge of in Delray. I know of people who have worked with you in Delray, even though
they are Highland Beach residents. Very much in favor of it. Have heard it works in Delray.
Highland Beach residents who volunteer in Delray might volunteer here when the program is
opened.
Mayor Newill -First thing, I have to say, and do not mean any disrespect, but thank God Highland
• Beach is not Delray. We are different. What works in Delray -works in Delray. We have
Town Commission Workshop Minutes
September 28, 2010 Page 6 of 19
different ideas, culture and everything else. I am supportive of the Reserve Officers that you have
established and is already in the budget. I am concerned about waning interest if you do not use •
them, they might go elsewhere. If you utilized them at the front desk, you would keep their
interest before they go someplace else. That is what I would support, rather than volunteers, but it
is up to the Commission.
Chief Hartmann -Thank you for that. This is not Delray Beach. Your residents expect and
receive a different level of service than they would receive in any big municipality. The Reserves
can be; filled into that function. There will be many opportunities to use the Reserves. My goal is
to supplement the uniformed officers with volunteers. We will not close the front desk at any time.
Comm. Sorrelli - If you start using Reserves at the front desk, how many will you need? Chief
Hartmann -Three have been approved. They are part time certified officers and will work when
needed. Every small organization uses them for emergencies, weekends, vacations, extended
illnesses. Our staffing is at the minimum for a Town this size. Comm. Sorrelli -Our Police
Department includes: a Chief, a Lieutenant, three Sergeants plus an acting sergeant , 3 Reserve
Officers, and how many Patrol Officers? Chief Hartmann -Our staffing is minimal for a Town
this sia_e. The Reserve Officer's are used for: emergencies, weekends, vacations, extended illness,
or field training .
Mayoi• Newill -What is the difference between a Reserve Officer and a volunteer? Chief
Hartmann - If a Reserve Officer divulges information, he would be fired. If we find we need
additional staffing in the Police Department, we will use the Reserve Officers. Mayor Newill - It
seems we are heavy in the supervisory area. We have more Chiefs than Indians. I support the •
Reserve Officer Program but not the Volunteer Program.
Chief Hartmann - When I came here there were sixteen sworn full-time officers. We have
eliminated one full-time officer in this year's budget. Now we are down to fifteen full-time
officers.
Mayor Newill - I believe four or five of the Commissioners will remember when we only had one
Chief and one Sergeant. Comm. Sorrelli -Why do we have so many officers -one Chief, one
Lieutenant and four Sergeants? Chief Hartmann - We have eliminated one patrol officer, plus we
now have supervision coverage 24 hours a day.
Mayor Newill - We are not being critical. When election time comes around, I can guarantee that
the main questions will be: why so many police cars and why so many police officers? Chief
Hartmann - On the agenda today is a surplus request to eliminate two cars.
Comm.. Pa liaro -Since Chief Hartmann arrived, I find the police more visible. The next time a
resident questions the Police Department, I would suggest that they come in and review the
monthay reports.
Comm.. Sorrelli -You heard a number of residents question why we no longer have a detective. I
hear a lot of people complaining. Chief Hartmann - We are fortunate enough in this community •
Town Commission Workshop Minutes
September 28, 2010 Page 7 of 19
that our crime rate is low, and consequently does not support afull-time detective. This does not
• mean that we do not address crime when it happens. We average one property crime a week. The
Sheriffls Department has only been called in once when a Mercedes and a Bentley were stolen.
The Sheriff's Department has resources that small towns do not need on a full-time basis. The
decision on not having afull-time assignment of a Detective was made after a review of the
numbers and the crimes taking place. It is great that you can solve a crime, but a crime has to
happen. Our goal here is to make Highland Beach safe and secure. You have to be visible to deter
crime.
Mayor Newill -Highland Beach is different from every place else. Highland Beach residents like
that position of Detective/Patrol Officer. It was my understanding that he was a Detective when it
was required to have a Detective and a Patrolman when it was not. Chief Hartman - Do not know
how this position was created. You are correct, the detective position is an assignment. Manor
Newill -The idea or concept of the residents is that when you have a Detective on your staff, there
is a specified local individual you can go to. Chief Hartmann -Whatever officer takes the
complaint, that person also does the follow up. If we did not have the resources necessary, we
would then call the Sheriff's Department. All calls are followed up with a "Citizen Service
Questionnaire."
Manor Newill -During our last four meetings, we have had some extremely healthy discussions
on issues. I believe it is helpful to staff and will produce a healthier community when staff is
aware of what the Commission thinks. We are conveying to you what our concerns are. Chief
Hartmann -Appreciate the feedback. We are a public agency and there are no secrets, only
statistics. My door is always open.
Comm. Sorrelli - I have heard rumors around Town that a rifle will be installed in each police car,
like the hunters with the pickup trucks. Chief Hartmann -That was established long before I came
here. The rifles were here when I came. Mayor Newill -They were kept in the trunk before, but
now there is talk that they are going to be mounted in the vehicles. Chief Hartmann - In the union
contract there is certain equipment that is required. One of them is a shotgun in the trunk. Even
though it is not in the contract, every agency also has a rifle, even though we never had an incident
to use them and we hope we never do. Officers are certified, they went to a 3-day course in order
to use the rifle. At some point, prior to my arrival, they were approved in the budget. It is not a
bid thing. Comm. Sorrelli -When the police cars are in the parking lot, are the rifles in the cars?
Chief Hartmann - No, they are not in there right now, but in the future they will be securely
encased in the truck.
Comm. Sorrelli -Are the police cars being painted? Chief Hartmann - No. We looked at
changing the paint to have a fresh look on the police cars, but next year we will be asking for two
new police cars. Ford is no longer making the type that we currently have, so whatever we
purchase will be a different type of car with a different paint concept. If the Commission wants to
change from a blue and white patrol car they can do so at that time.
Manor Newill -Since the Volunteer Program will be a Policy Change, it needs to be brought back
to the Commission for approval or disapproval.
Town Commission Workshop Minutes
September ~ 2010 Page 8 of 19
Mana er Su eg rman - We will include on the Agenda for the next meeting the Volunteer Program.
Woulci like to add clarification to the detective position. There is not a position of detective in the •
Police Department. It was only an assignment, and the Collective Bargaining Agreement dictates
how that is done. The Chief has the authority to assign a patrol officer as detective with a 5%
increase while he is performing the role of the detective. If Chief feels he needs a detective, he can
assign one. Based on statistics, he has not had the need to assign a patrol officer in the role of
detective. Do we have too many police officers? We have two shifts, 24 hours a day 7 days per
week. A shift runs from 6 am - 6 pm and is called the day shift; from 6 pm - 6 am is called the
night :;hilt. All our patrol officers and sergeants work 12 hour days. A normal workday is 8 hours.
So what it means, is when officers work 12 hour workdays, they do not work 5 days a week. They
work 42 hours a week. There schedule is typically 2 days on 3 days off, then 3 days on and 2 days
off. Keeping that in mind, we have day shift/night shift or known as: Day Alpha/ Day Bravo or
Night Alpha /Night Bravo. Each shift includes 3 people per shift, one Sergeant and two (2) Patrol
Officers. The Lieutenant is the administrative officer in charge of operations. One thing we have
not discussed is coverage for vacations, sick, training or court. That is where we use our Reserve
Officers and eventually might have to hire that fifteenth officer. We are not over staffed, we are
minimally and appropriately staffed, but watch it every day. There are no extra police officers
hanging around.
BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• None
C) Board Vacancies:
• Beaches & Shores Advisory -Two full terms
• Board of Adjustment and Appeals
Interview -David Stern - 2901 S. Ocean Blvd.
Mr. Stern stated that he is the current Chairman of the Board of Adjustment and
Appeals, and is completing his three-year term on the Board. Is very much interested
in continuing.
Consensus was to include reappointment on October 5, 2010, Consent Agenda.
• Planning Board -One full term
Interview -Max Angel - 2727 S. Ocean Blvd.
Town Clerk Brown stated Mr. Angel was not in attendance, but he had expressed an
interest in being reappointed.
Consensus was to include reappointment on October 5, 2010, Consent Agenda.
D) Monthly Board Meetings
• Special Magistrate -October 2nd - 2 PM
• Beaches & Shores Advisory -October 12th -Regular - 9:30 AM
• Planning Board -October 13th -Regular - 9:30 AM
• Bd. of Adjustment -October 19a' -Regular - 9:30 AM
Town Commission Workshop Minutes
September 28, 2010 Page 9 of 19
• 5. PROPOSED ORDINANCES AND RESOLUTIONS
None.
6. NEW BUSINESS
A) Declaring Certain Property to be Surplus Property -Patrol Vehicles
Town Mana er Sugerman - At least once per year the various operating departments gather up
all of their inventory of items that are no longer of any use to the department, and they are put
on a list for purposes of disposal. Under the law, because the items were purchased either with
taxpayer or ratepayer monies, in order to dispose of these items the Town Commission needs
to declare them to be surplus property and of no further use to the Town. This agenda item
does not include a typical long list of items to be declared surplus, but rather relates exclusively
to two (2) patrol cars from the Police Department, which can now be removed from the fleet
due to their age and their accumulated mileage. Attached to this cover memo is a brief memo
from Chief Hartmann and a more detailed memo from Lt. Lundberg describing why the
department wants to eliminate these two patrol vehicles from the fleet. The two vehicles will
be removed from service and will be sold to a wholesaler. The two vehicles will bring
$7,500.00. Those proceeds will then be deposited to the General Fund without restriction.
As a final note, these vehicles are being removed from the fleet and will not be replaced. That
. will leave us with a fleet of six marked vehicles and one unmarked vehicle. Beginning with
FY 2011-2012 , we will begin to replace two vehicles each year over a three year period. Since
this is a Workshop meeting, this item is being introduced for purposes of discussion and
feedback from members of the Commission. If it is acceptable to the Commission as presented
in this packet, this item can then be moved over to the Consent Agenda of the October 5~'
regular Commission meeting.
Consensus was to include item on October 5, 2010, Consent Agenda.
B) Request by the Beaches and Shores Advisory Board and the Sea Turtle Volunteer
Program to use the Commission Chambers for the Purpose of Hosting a Meeting to
Promote Sea Turtle Awareness to Residents of the Town
Town Mana eg r Sugerman -The Beaches and Shores Advisory Board along with the Sea
Turtle Volunteer program would like to host a meeting in the Town Commission Chambers to
promote sea turtle awareness to the residents of the Town. It is my understanding that they
want to hold this meeting sometime during the month of November; although a specific date
has not been selected yet. It is likely that they will hold a second meeting during the spring of
next year. The reason that this is coming before the Town Commission is that the Sea Turtle
Volunteer Program is an outside group, which is not funded nor endorsed by the Town of
Highland Beach. Therefore, the Town Commission must give its permission to allow an
outside group such as this the ability to use the Commission Chamber for their planned
• programs. This item is being introduced at the workshop meeting for purposes of discussion.
Town Commission Workshop Minutes
September 28, 2010 Paae 10 of 19
If it is the desire of the Commission to grant such permission, then this item can be moved over
to the Consent Agenda for the meeting of October 5~'. •
Vice Mayor Zwick - Is this request from our Beaches and Shores Advisory Board? Manager
Su.german -The request came through the Beaches and Shores Advisory Board. The Sea
Turtle Volunteer Program approached the Beaches & Shores Advisory Boazd who does not
have authority to authorize the use of the Commission Chambers. Vice Mayor Zwick - Do
they also understand that if they schedule this meeting at night, they will have to pay staff?
Mana eg r Su eg_rman - If they schedule at night, they can make arrangements with the Police
Department to unlock the building rather than making it a condition of use.
Commissioner Pa lg iaro - I concur. The education of our residents, regarding what is
happening on our beaches should be a priority.
Mayor Newill -When condo and homeowners association use the chambers, do they pay a
fee:? Reply - No.
Commissioner Sorrelli -Another option is the Library.
Consensus was to include item on October 5, 2010, under Miscellaneous Items Left Over.
C) Review of the Town's Personnel Policy on the Topic of Promotion of Employees
Town Manager Su eg rman - As recently as June 1, 2010, the Town Commission voted •
unanimously at a public meeting to establish a policy regarding the promotion of Town
personnel. With the ratification of the FOP Collective Bargaining Agreement, language was
adopted by the Town Commission, which specifically states: "It is the policy of the Town to
first consider its own employees for promotional opportunities in employment prior to
considering outside applicants" [Article 10, p.21]. Frankly, the adoption of this policy was
really nothing new and was not considered controversial at the time that it was adopted. It has
actually been the Town's personnel policy for some time, both written and verbal. Its adoption
was nothing more than a restatement of a policy that has been around for the entire time that I
have been the Town Manager (and probably longer).
During the budget workshop meeting held last week, there was some discussion amongst
members of the Commission as to the propriety of following such a policy going forward. Of
course, since this is a policy matter (as opposed to an operational matter) the setting of the
policy does rightly belong in the hands of the Town Commission. In order to change the
policy, the Town Commission may want to consider voting to adopt anew policy,
uncierstanding that it could not change the existing policy of promoting from within for the
members of the bargaining unit since that policy is set by contract. That language could only
be removed as a policy of the Town by negotiating it out of the Collective Bargaining
Agreement in future yeazs. Listed below aze some possible modifications to the current policy,
which the Commission may want to consider going forward:
Town Commission Workshop Minutes
September 28, 2010 Page 11 of 19
Alternatives to the Existing Policy of Promotion from within : A) It is the policy of the Town
to ensure that all vacancies within the Town will be filled with the most qualified individuals
available at the time of the vacancy, and in order to accomplish that, promotional opportunities
may not be limited to internal candidates only. B) It is the policy of the Town to maintain an
open process for promotional opportunities within the ranks of Town employees and therefore,
all vacancies, which are of a promotional nature, must be open to the general public. C) It is
the policy of the Town to find the best-qualified individual(s) to fill vacancies, which would be
considered promotional opportunities within the workforce. To that end, promotional
opportunities may not be limited to internal candidates only and all such promotional
opportunities must be open to all candidates (internal and external) who may be qualified to fill
the vacancy.
Of course, the ultimate wording on the establishment of such a policy is probably endless.
These are just three examples that I have crafted which I believe try to get to the point that the
Commission may be making. This item is being introduced at the workshop meeting for
purposes of discussion. The Commission may want to debate language, which more clearly
fits your needs. Of course, there can be no voting on this matter at this meeting since it is a
workshop meeting. What can be done, however, is the crafting of additional options for the
establishment of a new policy, which can then be placed on the agenda for the regular meeting
of October 5~'. At that time, the Commission can then select and put into place a new policy to
be used in the future.
Mayor Newill - I have strong feelings on part of this. I believe in our employee structure.
. There are four or five department heads. I believe when you talk about a Department Head you
are talking about some explicit skills that not everyone possess. It is my obligation as an
elected official to the residents to get the best-qualified person for whatever salary we are
advertising. We need to find the best qualified person for our specified skills. My opinion is
that we look both inside and outside, whether you want to make it for all vacancies or just
department heads. I strongly believe specifics skills are needed, and we look both in and out so
that we get the most benefit for the residents' money. Comm. Pa liaro -Can you qualify for
me that you feel we should go outside for supervisory positions. Mayor Newill- I am
concerned primarily for our supervisory positions as they require specific qualifications. I
want to see hire the best personnel available in the market. Comm. Pa liaro - My sense that
there is a general agreement that we want to give staff an opportunity to apply. I am concerned
that there may be someone working as a staff member to be denied the opportunity to apply.
Mayor Newill -Cannot wear blinders and say just because someone in-house may be
qualified, that there may be many more qualified people on the outside and we need to look at
those people.
Comm. Trinley -Does that mean you like Alternative A, only supervisory positions? Maw
Newill - I think it should be mandatory that we look both inside and outside. Manager
Su eg rman - "C" actually states it. Comm. Trinley - "C" is general I thought I heard you say
supervisory.
Mayor Newill - I am concerned with the leadership in each of the Department's first. I am
• open to either way.
Town Conunission Workshop Minutes
September 28, 2010 Page 12 of 19
Comm. Trinley - I think #A says it best.
Vice Mayor Zwick -Correct me if I am wrong, aside from the head of the department (top
position) the rest of the employees are the same the only one you are going to be concerned
about is the Supervisory. I think using Policy "C" says within the workforce splitting hairs, but
they both cover the same.
Comm. Pa lg iaro -Some jobs in Highland Beach do not require a PHD or a Master's Degree.
If it is a higher level job, we would hire someone at the minimum salary level.
Mayor Newill - If you have Candidate A with the minimum qualifications but Candidate B has
numerous degrees, and you can get them both at the same salary, are we doing a disservice to
our residents if we take the person with less degrees?
Cc-mm. Sorrelli - If a person has been doing a job for 15 years without a degree, it is not fair to
him/her not to be considered for the job.
Mans eg r Su erman - T'he proposed change in the policy will make it more difficult for that
person. The proposed change now opens it up to the outside and the person with the 15 years
experience will now be competing against individuals with degrees.
Comm. Paaliaro - If the job description calls for a degree, then the applicant needs to have a
degree. Not every job in Highland Beach requires a degree, but some do.
Mayor Newill -The Commission has to decide if they are comfortable with "A," "B," or "C."
I have heard a couple of Commissioners say they are not comfortable with the way it is.
Comm. Trinley -Can we hold it over until next week? Mayor Newill - We will continue this
discussion next week.
D) Discussion on the Recommendation by the Town Manager to put the Performance
Evaluation Program on Hold for One Year
Mara eg r Su eg rman - As part of the 2010-2011 annual budget process, it was my
recommendation that the Town Commission put the annual performance evaluation program
on hold for one year. During the most recent budget workshop meeting held last week, there
wa.s some discussion amongst members of the Commission as to the propriety of accepting
such a recommendation going forward. This item has been placed on the agenda for purposes
of discussing the topic in greater depth. Although I briefly put forward my case for making
such a recommendation in my annual written budget message, which was publicly distributed
on July 6~` of this year, I would be happy to further discuss why I made this recommendation in
the first place. Therefore, once this matter is discussed amongst the members of the
Commission during the Workshop Meeting, I would be happy to add my clarifying thoughts.
Of course, this item is being introduced at the Commission Workshop Meeting for purposes of
discussion only. If it is the desire of the Commission to not accept the recommendation, then
formal action on the recommendation can be moved over to the regular agenda for the meeting
of October 5~'. •
Town Commission Workshop Minutes
September 28, 2010 Page 13 of 19
. Commissioner Pa lg iaro -Think it would be helpful if he would state his reason for presenting
this, then we can discuss it further.
Mana eat r Su eg rman -Apparently my recommendation has created quite a controversy and
debate. My perspective -Section 6 of Article 17 of the Town's Rules and Regulations refers
to the granting of annual merit increases. One thing I have found since I have been here, that
virtually all employees receive excellence ratings in all categories. This is not the case 100%
of the time. Sometimes supervisors give good rather than excellence except for my self. This
has caused serious morale problems. Including some organized efforts to have the Town
Manager terminated by the Town Commission. I thought that I would recommend an
experiment related to performance evaluations. From my message during the Fiscal Year
2010-2011 Budget presentation, I suggested that no performance evaluations be conducted and
that a flat 5% increase in wages be granted to employees on their anniversary date. Employees
will have to perform all their duties at the highest level. If employees do not perform their
duties they would be subject to discipline. That was my recommendation. (The Town
Manager distributed a handout comparing performance evaluations over the past years) My
standard of performance is measured against a rating performance of satisfactory, and not built
on a baseline of excellence. Many others do not have the same standard. Many people think
that their 5% merit increase is an entitlement, and many supervisors enable that entitlement.
One might suggest that the form is not a valuable tool for offering feed back and growth. A
few years back, I suggested that we design the evaluation form making it more specific to
constructive feedback, true performance feedback, and opportunities to earn a true merit
increase based upon measurable performance standards. It even included a section to give
employees an additional 2% increase on top of the standard 5% increase. That
recommendation was unanimously rejected by the Department Heads. Virtually no one takes
the annual performance evaluation process seriously. As a Town Manager giving a report less
than perfect, I found myself having to give our insurance carrier notification that we might be
sued. I came to the conclusion that there was no sense in fighting the balance. When I gave
not a perfect evaluation, I had visits from Commissioners. Most of the time I was given
individual suggestions that I smooth things over. No one likes criticism of my direct reports,
and no one has received less than a 4% increase. I could stop all the agony and all the potential
legal action against the Town if we eliminated the performance evaluations. This is what I did
with this recommendation. My final thought. I still strongly believe in performance
evaluations. I am just trying to make the pain and jokes go away. This would like to eliminate
the attitude of entitlement, the threat of legal action and the pain. It is my belief the dropping
of the performance evaluations for aone-year experiment would accomplish this.
Manor Newill -Yes, Dr. Sugerman is an employee, and yes Dr. Sugerman has received many
evaluations less than good. I do not want that to be confused with the sheet he just handed out.
I am very disappointed in what he had to say. The evaluation process was in place when he
came here and it is his job to make it work. If he is telling us he cannot do it, then I think when
we do his evaluation we will have to express it to him.
Comm. Pa lg iaro - I think there is a keyword in that presentation. The keyword is to redesign
• the form. I agree 100% that it needs to be given a real good look and revision. My sense is that
Town Corrunission Workshop Minutes
September 28, 2010 Page 14 of 19
the Commission wants to continue with the evaluations. But we need to look at the form. If
you are going to set goals, include the employees not just the supervisor. Include the •
employees in the redesign. Naturally staff needs to know how they are doing, but include them
when setting goals, and be part of the overall process.
Vice Mavor Zwick -Personally dismayed by the form. The same type of form is given out to
everyone. It is a little to complex. After reading this form for five or six years, feel the
questions are redundant. Have reviewed other evaluation forms and think ours is the most
complex. Perhaps it is a little difficult. With a shorter form, questions would be easier to
answer and reply. Understand your goal to put it on hold for one year. As much as I would
like to go on your suggestion to put it on hold for one year, I think all the difficulties arise from
the; form. I think a short form would be beneficial.
Mavor Newill -Employees need to be reached and told where they need to improve. I have
participated over a number of years in several companies and the forms that were used were
not identical, but all had a familiarity about them. Do not want us to put on hold or eliminate
the evaluations, but willing to see a new form presented.
Camm. Sorrelli -Agree with Mayor. You have heard me state that I have been here nine
years. We have had 30 employees leave the last three years. Some because what was put on the
table, but I think it is the Manager. Initially he told us he was leaving then he said he was
staying to June. Is he trying to threaten us? Think it is always the Town Manager.
Mavor Newill - Can I have an indication of shall we put the Town Manager's recommendation •
on hold and wait to something comes along?
Vice Mayor Zwick -Obviously, through body language we all want the evaluation with a
different form.
Comm. Pa liaro - Originally I was in favor of putting it on hold, want to stress that we need a
ne`v form.
Mavor Newill -Anyone want to do away with the form? Or have staff come back with
something better? Until they come back with something better, we will continue with
evaluations.
7. MISCELLANEOUS -ITEMS LEFT OVER
A) Minutes
August 17, 2010 -Budget Workshop
August 31, 2010 -Workshop
September 7, 2010 -Regular
Minutes to be included on October 5, 2010, Consent Agenda.
Town Commission Workshop Minutes
September 28, 2010 Page 15 of 19
• 8. REPORTS -TOWN COMMISSION
Commissioner John Pa lg iaro -None.
Commissioner John Sorrelli -None.
Commissioner Trinlev -Town Attorney have you reviewed the contract for the cleaning
service? Town Attorne~ney -Yes, made some corrections, and forwarded the report to the
Town Manager. Mayor Newill - I also received the report. The corrections were made and I
have signed the contract.
Vice Mayor Zwick -All do respect to my friend and colleague John Sorrelli. When you said
people go around talking -there has never been a year that the employees were not going
around talking. Talking goes on in all workplaces - do not see anything wrong with it. It is
healthy. Chitchat and complain- they are all entitled to it in my opinion. It is part of the work
place relationships. They all complain about the Manager.
Mayor Newill -Have three items that were not completed in our discussions yesterday. I
would like to see the Commission appoint one member of this Commission to review all
purchase orders in the month of September. Yesterday a comment was made that we do not
have Department Heads waiting until the end of the year to spend all their money and make a
bunch of purchase orders. Comm. Sorrelli - Do not understand why we eliminated a
Commissioner being a liaison with each department. It worked out fine. Each month, each
Commissioner would give a report on their specified Department. Everyone knew what was
going on. Mayor Newill - In the past sometimes it was done. Want to know what the
Commission thinks. Comm. Sorrelli -Let's go back to that way of doing things. Mayor
Newill - I would like to see the Commission involved in everything that is taking place..
Mana eg r Su eg rman -Take exception with that issue and with what you have just said. Charter
says "Commissioners are not to get involved in day to day operations". Vice Maw -Are we
looking to see if people are making additional purchases because money is left over? Familiar
with Town's Purchase Orders - I will be glad to volunteer. Comm. Sorrelli - Do you expect
something is going on? Mayor Newill - No. One more step to be sure how our money is being
spent. Just a prudent thing to do. Comm. Sorrelli -Where would you get them? Mayor
Newill -One more step in the budget process to see where our money goes. You go to the
Deputy Finance Director. Just an informal report. Comm. Sorrelli -Does she report to the
Manager? Mana eg_ r Sugerman - I would suggest not. Comm. Trinley - I agree with the
Mayor this is prudent. Comm. Pa liaro -The keyword is transparency.
Another item we discussed in both budget hearings is the part-time person in the Town Clerk's
Office. As far as I know, we never made a decision. Mind you, that it is really the Town
Manager's decision in the end, but the Commission can make a recommendation. Comm.
Trinley - I would say after spending a lot of time in that Department, the only thing that I have
to add is that the person needs to be seen. The way the office is set up has to be re-arranged.
•
Town Commission Workshop Minutes
September 28, 2010 Page 16 of 19
Vice Mavor Zwick - I don't know if it is possible, but the Town Clerk has always been
hidden, but the partition should be removed to open the office. Comm. Trinlev - Do you .
remember where Roz sat -that partition needs to be removed. Comm. Sorrelli -Need to
instruct the Manager to hire someone for that position. Mayor Newill - We can only make a
recommendation to the Town Manager. Mana eg r Superman -May I make another
recommendation. Like the volunteer program in the Police Department, the Administrative
Department has put together a preliminary volunteer program. These people would also be
screened, have background checks and be limited in their task to be a meeter/greeter
anibassador. Is the Commission receptive to allowing us to flush out a volunteer program?
Comm. Trinlev - No. I have lived a lot of my life in that office, and you need someone to be
constant. The same people come in often and begin to know the permanent staff. You do not
want a different face there everyday. Vice Mayor Zwick -Does that position require afull-
time person or a part-time employee? Comm. Trinlev - I think an employee from 10:00-2:00,
covering the busiest time of the day. Vice Mayor Zwick -Town Clerk do you feel someone
from 10-2 would be sufficient. Reply -Yes. Mayor Newill -Let's go down the line -
volunteer or employee? Comm. Pa lg iaro -Employee. Comm. Sorrelli - Employee. Vice
Mayor Zwick -Employee. Comm. Trinlev -Employee. Mayor Newill -Employee.
The final item from yesterday on my recommendation list was: "In reviewing the current
unrest of the Town Manager, I recommend that the Commission place on hold the hirings or
promotions of Department Heads only. If there is a change in the Town Manager position by
the Town Manager or the Commission, it would be unfair to the new Town Manager to have
these positions filled prior to he or she coming on board." I feel until we get some stability that
the Commission should consider doing this. Comm. Sorrelli -Igo along with that. Comm.
Trinlev - Is there a time limit on that? Mavor Newill -The Town Manager has informed us
that he is a free agent in June. We would put a hold on it until then or until the Town Manager
decides he is happy in Highland Beach and is not leaving. Comm. Trinlev -Are you saying
hold all hirings until June 2011? Mayor Newill -That can be pulled at any time. Comm.
Trinlev - I am concerned about the Building Department. There is a contract employee in
there 60 days. Manager Su eg rman - I can put the hiring of the Office Manager,
Payroll/Accounting Clerk and Finance Director on hold. Manor Newill - My recommendation
is Department Heads only. Mana eg r Superman -Whatever the desire of the Commission. I
can accommodate them. Comm. Sorrelli -Why would you want to put the Building Manager
on hold? Comm. Trinlev -The Building Department Office Manager is now filled by Sue
Gray who was called back with a contract for 60 days. He has already posted the position. Do
we; really want to put that position on hold? Comm. Sorrelli -Why would we put that position
on hold? Mana eg r Superman - I work at the pleasure of Commission. Sue Gray is a contract
employee for 60 days with the possibility of a 30-day extension. Mayor Newill -She is a
contract employee just like the Building Official. Comm. Sorrelli -How much activity goes
on in that office? There has always been two people in that Department. Manager Superman -
Historically there has been 3 1/2, three full-time and one part-time. The past year and a half,
there has only been one full-time, one contract and apart-time. Comm. Pa liaro - If we put it
on. hold, what type of service would our residents receive? I reject putting that position on hold.
Mavor Newill - I believe the Commission does not want to accept my suggestion. Comm.
Trinlev -Can we just agree with you other then the Building Manager? Comm. Sorrelli -Can
she handle this job? Mayor Newill - Is Office Manager in the Building Department a •
Town Commission Workshop Minutes
September 28, 2010 Page 17 of 19
department head? Manager Su eg rman - No. Mayor Newill - So it will not apply to that
• position. I thought it was. Vice Mayor Zwick -Going over the list, are any of them
Department Heads? Town Manager -The only one is the Finance Director. Mayor Newill -
But we could have a department head leave us between now and the time we bring civility
back to the Commission. Vice Mayor Zwick -The Town exists, the staff exists, and we need
to hire these people. None are controversial. The business of the Town must go on. Comm.
Pa liaro -Town must continue to provide service. Comm. Sorrelli - Is the woman qualified to
do the job. Mana eg r Sugerman -She is qualified to do it. Comm. Trinley -What is her
background in? Town Manager -She does not have a background in Planning and Zoning, but
she does have a background in permits, computers, handling of applications, making calls to
contractors, scheduling inspections. Comm. Trinlev -Her responsibilities in the Building
Department are new. Town Manager -She has never worked in the Building Department in
Highland Beach. Mayor Newill - I think the answer is to continue to hire. Mana er Su eg rman
- Are you convinced of that? I do not have clarity. Mayor Newill - No. I have had to much
experience with this type of thing in the past. Have seen the wrong people get in the wrong
positions. Trying to avoid that.
9. REPORTS -TOWN ATTORNEY
None.
10. REPORTS -TOWN MANAGER
• Palm Beach County Emergency Management has contacted us with information on a storm
that is being called Tropical Depression 16. A tropical storm warning is in effect from Jupiter
Inlet south to the Keys. Everyone needs to be aware that strong winds and rains are located to
the east and south of the center of the storm. The arrival of the storm force winds can be early
as late tomorrow morning. Rain falls projections are 5 inches in the next 48 hours. At 4 PM
today Palm Beach County is under a formal flood watch until approximately 2 PM tomorrow.
No protective action being taken. Asking people to be aware.
11. CONSENT AGENDA
None.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
George Barlow - 1094 Bel Air Drive
Glad to hear some type of consensus on Board of Adjustment educational type seminar or
having one person handle the decisions. That would be the most desirable. There is an awful
lot of stuff in this Code book, and I think it is unrealistic to expect people on the Board to have
a working knowledge. I would like to offer some specifics to illustrate what I was walking
about. In Bel Lido Isle, we have developers coming in and buying older homes, knocking
them down, and constructing three storied homes to maximize profits and square footage, and
• consequently ignoring the set backs. While planning these homes, they never seem to leave
Town Commission Workshop Minutes
September 28, 2010 Page 18 of 19
room to put a pool in trying to get max square footage. Then they come to the Town for a
variance. A little planning on their part would allow them enough square footage to put in a •
decent size pool. In essence, they are creating their own problem. Twice in the past year they
have come looking for relief and were given it. Once again we get back to the criteria for
issuing a variance and the eight points for hardship are listed in the Code. A hardship is not
crE;ated by an action by the applicant. This was a perfect example where the applicant created
his own problem. Why was a variance issued? The Town is compromising their Codes. It
does not make any sense. Another issue is when the applicant points to violations of existing
codes. This applicant wanted a reduction from 25 feet to 10 feet and used as an example the
neighbors on either side that did not appear to have the proper set backs. If this was true,
those docks would be considered anon-conforming structure, and the code is quite clear when
it comes to non-conforming structures. Evidence of an existing non-conforming structure is
not to be considered grounds for a variance. But, they are constantly given. Another situation
at this hearing, the developer was going to go out 9 feet from the property line to put in the
dock. When he was questioned, he said I am just replacing the existing structure. Most of the
existing structure was dismantled, so there was no proof of the distance it went out. The Code
states if you do destroy more than 50% of that structure you have to comply with the existing
Cade. He was also given approval to go out 9 feet over the water with his patio. The patio is
goring to extend 9 feet past the property line and about 3 feet above the base of the seawall.
This is completely new territory, but he was given permission to do this. Everyone realizes we
do need change. Comm. Sorrelli -Who do you mean he gave authority? Mr. Barlow -The
Board of Adjustment & Appeals. Comm. Pa lg iaro -What about our Code Enforcement
Officer? Mr. Barlow -Yes, he had stated that he cannot go out only five (5) feet past property
line. Comm. Sorrelli - Is this a violation? Mr. Barlow - A variance was granted by the Board .
of Adjustment. Vice Mayor Zwick -Board has given a variance. I see it becoming a battle.
Do we want to open ourselves up in court? Town Manager - Mr. Barlow is absolutely right
without going into specifics the Code says applicant cannot be granted a variance if it is self-
imposed. The Board of Adjustment has granted the variance and we cannot have it changed or
re-heard. Mr. Barlow - My only intent is that the Board needs education. Mayor Newill - I
would like the Commission to consider using a Special Magistrate rather than the Board of
Adjustment. Vice-Mayor - It is the next thing we need to find some way to either change to a
Special Magistrate or educate the Board of Adjustment. Mayor Newill - When I asked you to
come to this meeting, I did not realize it would last so long.
Dennis Sheridan - 3114 S. Ocean Blvd.
I would just to like to clarify that this argument is with the Board of Adjustment and not the
Planning Board. Town Attorney Sliney -Ambiguity in the Code needs to go to the Planning
Board.
Dave Stern - 2901 S. Ocean Blvd.
During this site inspection, testimony was received from all sides. I endorse education for
members of the Board of Adjustment. The evaluation process requires proper training.
Supervisors need to be taught the proper way to prepare for evaluations. Self -evaluation is
another very important part of the evaluation process.
•
Town Commission Workshop Minutes
_September 28, 2010 Page 19 of 19
13. ADJOURNMENT
There being no further business to come before the Commission, Mayor Newill adjourned the
Workshop Meeting at 4:37 PM upon a MOTION by Commissioner Pa lg iaro; seconded by
Vice Mayor Zwick.
APPROVED:
Jim will, CPA, ayor
ATTEST:
Beverly M. B wn, MMC
Date