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2010.12.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, December 07 2010 1.30 PM Mayor Jim Newill, CPA, called the Regular Meeting to order in Commission Chambers at 1:34 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; Deputy Town Clerk Valerie Oakes; Sergeant Deborah McCray; Deputy Finance Director Cale Curtis; 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 Deputy 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 Lou Stern - 1115 Russell Drive I want to share with you some personal concerns and thoughts regarding an item on today's agenda, the elimination of yet another town board. I mean no disrespect to the fine work this Commission has done and all of your accomplishments. I fear that your direction will be harmful to you and the town folks who would like to stay involved. When I moved here 13 years ago, I became annoyed at the Spanish River Bridge. Commissioner Trinley was the Town Manager at the time, and she helped me to get the bridges to become a time bridge. I felt good about the accomplishment. I felt I had some input and some responsibility. As you eliminate a board, you eliminate people who want to work with the Town. As you do this, the pool of people becomes less. I see a smaller amount of people attending the Town's meeting and that may be because people are not involved. There is no question that the Commission is always right; they seem to be the final say, which is fine. I had a great run of six (6) years serving on the Planning Board. In doing so, I was able to field a lot of the work for Milani Park. The Commission always backed up the Planning Board. It seems now that the Commission is becoming the final voice, and that is uncomfortable for me. Town Commission Regular Minutes December 07, 2010 Page 2 of 10 Dr. Seymour Strauss -Dalton Place The Lyric Chamber Orchestra will return for the 10~' season. They are able to come back due to the generous contributions of the members of the orchestra. We will announce the date of the first performance in February. 3. PRESENTATIONS • Introduction of Carol Holland, Building Department Office Manager Town Mana eg r Su e~ rman introduced Carol Holland as the newest member of the Town's staff. She began work this week as the Office Manager in the Building Department. Carol comes to us most recently from the Town of Manalapan, where she was not only performing Building Department Office Manager work for that community but so much more. Carol has had responsibility with their utility billing function, finance department including bank deposits, processing payroll, accounts payable, and accounts receivable, along with customer service issues. Carol brings private sector experience as the Office Manager for a Point of Sale Fixture Display Company. She has worked for Bank United as an Operations Branch Manager and the Senior Customer Service Representative for Palm Beach Savings and Loan. Besides all of that, Carol is a notary public. We believe Carol will be a great addition to our team, and I hope everyone will join me in welcoming Carol as the new Office Manager in the Building Department. In addition , he thanked Sue Gray for making the transition flawless and seamless until we were able to bring Carol on board. Sue provided tremendous leadership and guidance. I am grateful to her for hard work and efforts to keep our building department operating smoothly over the course of the past three (3) months. Mayor Newill welcomed Carol Holland on behalf of the Town Commission. Carol Holland stated she was very excited to be working for this beautiful town. I look forward to doing a great job for residents and the Town Commission. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Attached C) Board Vacancies: • Beaches & Shores Advisory -Two full terms • Planning Board -One unexpired two-year term D) Monthly Board Meetings • Planning Board -December 8th -Canceled • Beaches & Shores Advisory -December 14th -Regular - 9:30 AM • Bd. of Adjustment -December 21st -Regular - 9:30 AM • Town Commission Workshop -December 28~' -Canceled Town Commission Regular Minutes December 07 2010 Pa e 3 of 10 5. PROPOSED ORDINANCES AND RESOLUTIONS A) ORDINANCE NO. 10-005 O AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, AMENDING CHAPTER 20, ARTICLE III, SECTIONS 20-46 THROUGH 2O-51 AND CHAPTER 30, ARTICLE II, SECTION 30-23, AND ARTICLE III, SECTION 30-40 (b) OF THE CODE OF ORDINANCES BY ESTABLISHING THE POSITION OF SPECIAL MAGISTRATE AS AN ALTERNATIVE TO THE BOARD OF ADJUSTMENT AND APPEALS, WHICH SPECIAL MAGISTRATE SHALL HAVE THE JURISDICTION AND AUTHORITY TO HEAR AND GRANT VARIANCES TO THE CODES AND ORDINANCES OF THE TOWN; DISCHARGING THE CURRENT BOARD OF ADJUSTMENT AND APPEALS CONCURRENTLY WITH THE SELECTION AND APPOINTMENT OF THE SPECIAL MAGISTRATE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE Deputy Town Clerk read aloud title only of Ordinance No. 10-005 O. Town Mana er Su erman this is the first reading of the ordinance, which will authorize the Commission to have available to the town a Special Magistrate to perform the same functions as the current Board of Adjustment and Appeals. At the Workshop meeting, when we introduced this topic, I was asked if our current Special Magistrate, who serves in the role of the Code Enforcement hearing officer, would also be available and willing to serve in the same role as Special Magistrate for the Board of Adjustment and Appeals. Attorney Ansay would be willing to fill that role. She believes that her current contract with the Town will allow her to fill that role without any modifications to the contract. She is suggesting that there be no separate contract and no new arrangement. Read aloud section four of the proposed ordinance. Ms. Ansay suggested that section four (4) be removed from the ordinance, if it is your desire to have her fill the role of Special Magistrate for the Board of Adjustment. Mayor Newill -Town Attorney do you have a problem with this? Town Attorney Sliney - No, the Town Manager can send a letter to the Special Magistrate stating that the present contract stays as needed and your additional duties would be Special Magistrate to the Board of Adjustment. Commissioner Sorrelli -How do we pay her? Town Manager Su erman -She is paid $200.00 per hour. Commissioner Trinley -She is paid only when services are needed, correct. Town Mana eg_ r Sugerman -That is correct. Commissioner Pa lg iaro - We heard from Louis Stern who has been very active and has contributed a lot of time to this town. Here we have another board being considered for elimination. I do hope that fellow commissioners give serious thought before discharging this current Board of Adjustment and Appeals. If we do, we will now have two (2) remaining of the six (6) that were in existence. What is the message that we are sending to our residents who have demonstrated a willingness to serve and certainly they are volunteering to be proactive within our town. I ask you not to underestimate the talent and the willingness of our Town Commission Regular Minutes December 07 2010 Pa e 4 of 10 residents who are willing to participate in the service of our town. I believe strongly in participatory governance. I am so bothered that we are not reaching out to the many town residents that give of their time, and do so well. I acknowledge that some boards have their problems, but I have a great amount of respect for those people who have come forward in this town other than commissioners who run for election. People's participation is what makes Highland Beach very special. I think we are sending the wrong message. Hope we give due consideration before eliminating this boazd. Commissioner Trinlev - I agree with Commissioner Pagliazo as having served as the Town Clerk for many yeazs. But if you look at the monthly action reports, meetings are consistently being cancelled due to a lack of agenda items; this is a pattern. Commissioner Pa liazo - In terms of meeting being cancelled, is not the burden of the boazd; there is no business before them. Commissioner Trinlev -The town has changed, and there is no need for certain functions. Mayor Newill -When Commissioner Pagliaro compares these boards to the commission, to the best of my knowledge there has not been one member of the commission who has missed a meeting except for a severe medical reason. The comparison does not exist. The primary reason for the elimination of a committee was that you could not get members to attend the meeting. In the last three years, we have had three to five vacancies on existing boards. We are getting different determinations on identical situations. I strongly disagree with Commissioner Pagliazo. Commissioner Sorrelli -Agree with the Mayor. It is the same people at every meeting. No one is doing anything. I think the way we are going is the best way to go. Commissioner Pagliazo - Do not want to turn this into a debate. There is somewhat an exaggeration regazding people because I see a nice handful of residents that want to participate. I think we are taking away that opportunity and in my opinion, I think it is a mistake. Town Mana eg r Su eg rman - A point of clarification, this ordinance is not eliminating the Boazd of Adjustment and Appeals; it is establishing the position Special Magistrate as an alternative. In the body of the language in the ordinance, you will find all of the language remains and adds the alternative of using a Special Magistrate. Mayor Newill -The Code Enforcement is still in place even though we aze using a Special Magistrate. The Town Clerk did a survey of surrounding municipalities, and 80% of the responses are all using a Special Magistrate. Town Attornev Sline~ - From a legal standpoint, the Board of Adjustment like the Code Enforcement Board was not something that had a lot of activity. I have no opinion either way. Special Master is used because of the technical codes; they are better equipped to deal with the special codes. Commissioner Trinley -Are we deleting section four (4) of the proposed ordinance? Town Manager Su erman -The Commission is not voting on the ordinance today, but you can take a vote to modify the ordinance any way you see fit. Town Attorne Sliney -There are other changes to the body of the ordinance that I will submit prior to the second reading. Town Commission Regular Minutes December 07 2010 Pa e 5 of 10 MOTION: Vice Mayor Zwick moved to delete section four (4) from Ordinance 10-005 O; seconded by Commissioner Trinley. Voice Vote: Vice Mayor Zwick - Aye Commissioner Trinley - Aye Commissioner Pagliaro - No Commissioner Sorrelli - Aye Mayor Newill - Aye Motion carried with a 4-1 vote. 6. NEW BUSINESS None. 7. MISCELLANEOUS -ITEMS LEFT OVER A) Discussion Regarding Creating aCommission -Appointed Citizen's Advisory Board for the Development of an Employee Performance Evaluation Form Mayor Newill asked the Commission to think about this subject and to be prepared to make a decision on this subject. We are talking about a form and the administrative process of that form. The process may be where the problem resides. The individual conducting the evaluation can compliment, glorify, insult, humiliate, and undermine the people. Approximately 45 days ago, I met with each department head individually, and I assured them that what we discussed was confidential. The only thing that I will tell you is that not one department head had a problem with the form the way it is. Commissioner Sorrelli -Stay with the form. Vice Mayor Zwick - If the department heads are satisfied and can work with the employee evaluation form, as it exists, then our town and our employees are not ready for this. Commissioner Pa liaro -This is the first I am hearing of this. My understanding of a few discussions is that there was general agreement that the form was not achieving the intent. The form has questions to it that I do not agree serve a purpose. This business of a brief comment and `E' for excellent and `S' for satisfactory is not. insightful; it is a checklist. People that are being evaluated need a clear understanding of what they are doing or not doing and a remedy to move forward. That form is not my idea of an evaluation of a professional person in this town. If it works for the rest of the Commission, so be it. Mayor Newill - I always liked the form; it is a standard form. I am not saying it is the best, it could be better perhaps, but I never had a problem with the form. Commissioner Sorrelli -How did this come about? Did I miss a meeting? Mayor Newill - The Town Manager said he would eliminate the evaluation forms. Commissioner Sorrelli - Was there any reason for that? Town Mana eg r Sugerman -During the budget workshops, publicly I stated that I an analysis of how the performance evaluations were used. Virtually all employees get all excellent score from all department heads. That is why the department heads Town Commission Regular Minutes December 07 2010 Pa e 6 of 10 do not have a problem with the form; they can easily fill it out with minimal effort, and grant everyone excellent under all categories except for the Town Manager. The Town Manager takes a different approach. The standard is that everyone comes into the annual process as satisfactory, and if they perform above the standard, they receive a good or excellent, which needs to be earned. If they fall short of satisfactory, they have earned fair or poor. I think I am the only one who does this. Over the course of the last two (2) years, when I graded somebody less than excellent, those individuals not only complained directly to members of the Town Commission, but some threatened lawsuits against me and the town for the way that I conduct evaluations. It was my recommendation to the Town Commission, since I am the only one that I am aware of that does not give an excellent to everybody as the standard, why don't we give everyone an excellent, and the maximum raise. I would stop torching people when I gave them scores that were less than excellent, and that was my recommendation and there was great resistance to that so I backed up. One member of the commission said that it was not a satisfactory answer, and maybe we need to look at the form and the process. Residents offered to help because they have experience. This particular commissioner wanted to tap into that resource, and start a committee of citizens. I said that I was supportive because I do not believe that our current evaluation process has any value. Mayor Newill - I do not think this Commission should make any major changes. Several months ago, the Town Manager put us on notice that he is looking for another job. On June 8`t', he is a free agent. There should not be any changes until we have a commitment from this town manager or another. Commissioner Sorrelli -Agreed. Commissioner Pa lg iaro - An evaluation performance form is for the people who are responsible for the employees of this town. If they are not performing at their best, they need to know that. The evaluation form is to explain the recommendations. We want the best out of the people that are employed. We want to encourage them to do better. I am sure that there are people here that are truly excellent in their performance. This form is not to intimidate, but to get the best out of what we have. The current form is meaningless; it is not insightful. Commissioner Sorrelli - I think the biggest problem here is when the reports are made by the Manager. Do you call these people in or do you just write it up and send it put? Town Mana er Sugerman - I fill out a blank form before the employee's anniversary. A week or so later, I review the form again because you never know if the first time you are in a good mood or a bad mood. Then I sit with the employee and share with them point by point my feedback. I explain to the employee that what I have given them is a draft, and it is not final. I ask the employee to take a week to 10 days to review the draft evaluation and provide me with feedback. They can let me know where I have been unfair or have missed something. I then ask for their comments in general. There is a final decision. It is almost afoot-step process. Commissioner Sorelli -This is not with all of the employees. Town Manager -This process is for those employees that I am their direct supervisor. This is my method of doing evaluations. I do not set a standard for how those performance evaluations are conducted below my direct report level that is up to the department heads and the supervisors below that. Town Commission Regular Minutes December 07 2010 Pa e 7 of 10 Commissioner Trinlev -Mayor, what you said makes infinite sense. Commissoner Sorrelli - Agreed. Vice Mavor Zwick -Agreed. Town Attorne Sliney - If you do not want to move forward, make a motion. If someone wants to bring it up in the future, they can. MOTION: Commissioner Trinlev moved to table the idea of a citizens committee to review the current employee evaluation form and to not proceed with this item at this time; seconded by Commissioner Sorrelli. Voice Vote: Commissioner Trinlev - AYE Commissioner Sorrelli - AYE Commissioner Pa lg iaro - AYE Vice Mayor Zwick - AYE Mavor Newill - AYE Motion carried with a 5-0 vote. 8. REPORTS -TOWN COMMISSION A) Commissioner John Pa~liaro - No report. B) Commissioner John Sorrelli -Light Up the Holidays (LUTH) was one of the best shows we have had. Congratulations to the Town Clerk and her helpers. How is our Town Clerk doing? Mavor Newill -She is getting direct radiation and the results were very good; she has not had any problem up to date. C) Commissioner Trinley -Wished those who celebrated Hanukkah that they had a joyful time. I wish the remaining folks a Merry Christmas and a Happy New Year. D) Vice Mavor Zwick -Agree with Commissioner Trinley. E) Mavor Newill -Agree with Commissioner Trinley and Vice Mayor Zwick on wishing everyone well. Wished we had better attendance at LUTH, but everyone said that this was the best program ever and I cannot disagree with that. Acknowledged Bill Moore, Utility/Maintenance Supervisor; Pat Roman, Utility Forman; Beverly Brown, Town Clerk; and Valerie Oakes, Deputy Town Clerk for putting together the program, decorating the tree, the creche and the menorah. The Deputy Town Clerk took beautiful pictures and created a pamphlet. Commissioner Sorrelli -Thanks to the Mayor's wife, Helene Newill, for placing the ornaments on the tree and for being very active with the event. Town Manager what happened to our sign? Town Mana eg r Sugerman -The banner was not ordered for this year, but I do not know why. Commissioner Sorrelli - I think that is one of the reasons why their was low attendance. Mayor Newill - It conflicted with the Library's Art Show banner. Town Mana er Su eg_rman - It is possible to place a banner on the north and south end. It is possible to have two banners on Town Commission Regular Minutes December 07 2010 Pa e 8 of 10 display. Commissioner Sorrelli -Did we have it on television? Town Manager Su erman -Yes, and we sent out flyers to the condominiums, sent it through notify me online. Commissioner Pa lg iaro - It was a very special event. I think the banner not being there lost a lot of people. The mailings that went to the condominiums - it was up to the property manager to post the flyer, and they never did. This was the best time. Mayor Newill - A gentleman came up to me in the beginning of the program and chewed me out because a banner was not displayed, and he did not know about the event and wouldn't have known if Commissioner Sorrelli had not told him in church. At the end of the program, he said it was a fantastic program. It was a little bit of both. I appreciate feedback from the residents and continue to do so. 9. REPORTS -TOWN ATTORNEY No report. 10. REPORTS -TOWN MANAGER The Town Commission Workshop Meeting on Tuesday, December 28~' has been cancelled. Added holiday wishes to everyone, and a happy and healthy New Year. The Town Commission will not meet until January 4, 2011, Regular Meeting. Palm Beach County has activated a cold weather emergency shelter plan. If anyone knows of anyone who might need assistance during the next few days, contact Town Hall and/or look at the Palm Beach County's website. Mayor Newill -The Town Clerk is receiving direct radiation therapy twice a day for five days, which is very tiring for her but she has held up well. Friday is her last day of treatment. This is a new invasive form of treatment that she was qualified for. It shortens the program from daily for six weeks down to twice a day for five days. 11. CONSENT AGENDA Mayor Newill asked if any item needed to be removed from the Consent Agenda. MOTION: Vice Mayor Zwick moved to accent the Consent Agenda as presented; seconded by Commissioner Pa lg iaro. Voice vote with all in favor. Consent Agenda Items: A) RESOLUTION NO. 10-014 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 09-012 R WHICH APPROPRIATED FUNDS FOR THE 2009- 2010 FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2009 AND ENDS SEPTEMBER 30, 2010. Town Commission Regular Minutes December 07 2010 Pa e 9 of 10 B) Authorizing the Mayor to sign a Contract to Energy Efficient Electric, Inc. in the Amount of $40,000.00 for the Installation of Tamper Switches on Fire Line Backflow Preventers. C) Authorizing the Mayor to sign a Contract to Chaz Equipment Environmental Services, Inc. in the amount of $24,692.00 to SewperCoat Lift Station # 1 by Piggy-backing on a Contract Awarded by the City of Delray Beach. D) Declaring Certain Property to be Surplus Property -Public Works 4-Wheeled "Gator Vehicles" E) Minutes October 26, 2010 -Workshop Meeting November 2, 2010 -Regular Meeting Commissioner Trinlev -Town Manager did you get a chance to figure out the County's Ethics Board? What we are to donate? Town Mana er Sugerman - I wrote that in the Town Manager's weekly update report last Friday. It is not a donation; it is a tax or fee and it is mandated upon us. We do not know which particular contracts might be exempted. I looked at the 2010-2011 operating budget and every line item in the budget that could possibly fall under this calculation by the county. I came out with about $4.4 million if you apply '/4 of 1 % based on this year it looks like a $10,848.00 annual fee. Mayor Newill -Can we add that fee to those contracts? Town Mana eg r Su erman -Absolutely but there is no way to get around it because it is in the County's charter. Town Attorne Sliney - My understanding is that we will not know the rules until the county redoes their ordinance. Town Mana eg r Su eg_rman -The implementation day was supposed to be January 1, 2011, but it has now been moved to April 1, 2011. Since all 38 municipalities opted into this program, the County has formed an Implementation Task Force. The Implementation Task Force is going to create this new set of rules for how the County implements a1138 municipalities. The Palm Beach County League of Cities has three (3) representatives on the Implementation Task Force which are Trila White, Kurt Bresner, and Michael Borenstein. I have discussed with them that Highland Beach has its own ethics ordinance. It is my understanding that the County's ethics ordinance does not eliminate our ethics ordinance. So it is my belief that citizens can choose which ever route they wish. However, it does not give us the opportunity to opt out of the charge. There should be some provision recognizing that some municipalities have their own ethics procedures. Comm. Trinlev - I appreciate that you addressed it today, so the public could be aware of it. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Canazarro -Bel Air Drive The performance system has three parts. 1) If everyone is rated excellent, I would like you to think about if you really have an effective system because in life not everybody is excellent. 2) If everyone is rated excellent, you are not doing a good service to the truly excellent people because from a monetary sense if you have a bucket of dollars and distribute it evenly, as the proposal, the people that are truly outstanding deserve an 8% raise. But because of that approach, everyone will get a 5% even if they deserve a 3%. If you have a system where Town Commission Regular Minutes December 07 2010 Pa e 10 of 10 everyone is rated equally, I have to maintain that you do not have a system. 3) The performance appraisal process is not limited to the form. It is part of a strategy that should be governed by the board of directors of the organization. It should be supported by the board of directors and everybody should not be rated equally. I think you are doing a disservice to the organization and the people by not rating people properly. Commissioner Sorrelli -Town Manager who owns the property that was being used for storage? Town Mana eg r Su erman -That property is not owned, operated or controlled by the Town. It is private property owned by Mr. Kato. The contractor rented it directly from the property owner. The Town was not a party to that. Commissioner Sorrelli -What happens to that property know that he left? It is a mess. Town Mana eg r Suge~ - He has to clean it and it needs attention. We have been in direct contact with the property owner through the code enforcement process. The property owner plans to seeding it and putting hay over it. He wants to clean it up. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 2:41 PM upon a MOTION by Commissioner Sorrelli; seconded by Commissioner Pa lg iaro. APPROVED: ~ ~; ~'. ~',~, Jim N will, CPA, Mayor Miri . Z 'ck]~, ice M or Doris . Trinley, Commissioner ATTEST: ,,// ! t ~, yv ~~~ ~~ Beverly M. Bro , MMC D e r