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2011.01.04_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, January 4.2011 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: Assistant Attorney Amanda Keller; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown; Chief of Police Craig Hartmann; Public Works Director Jack Lee; Deputy Finance Director Cale Curtis; Assistant to the Town Manager Zoie Burgess; Lieutenant Eric Lundberg; and members of the public. Mayor Newill stated that both he and the Town Attorney were invited to the Governor's Inaugural celebration. Due to today's meeting he could not attend but Town Attorney Sliney was attending to represent the Town. 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 Town Manager Su eg rman requested that the Commission "Table" Agenda Items #SC and #6A, both dealing with the Supervisor of Elections. At 12:19 pm, he received a communication from the Attorney who represents the Palm Beach League of Cities regarding these two issues. After discussing the communication with the Town Clerk, we would like to request at that point in the meeting that you "Table" these two items until clarification is complete. 2. PUBLIC COMMENTS AND REQUESTS Arlin Voress - 4403 Intracoastal Drive I would like to address the Commission about something that I heard yesterday and it disturbs me greatly. I called the Town Clerk yesterday and she advised me that she had been suspended for one month without pay. I know the Town Manager has been the one that instituted this procedure on her, and it is wrong of him to do that. The Town Clerk was appointed by this Commission and believes this Commission should take on whatever issue that caused this to happen. I would ask Town Commission Regular Minutes January 4 2011 Page 2 of 20 the Town Commission to take on any issue relating to the performance of the Town Clerk. Manor Newill -How do you expect the Commission to take this on? Mr. Voress -Add it to your agenda today and discuss what is going on. Talk about the implications with her treatment that is going on at Boca Hospital as she is being treated for breast disease and other things. I think the Commission should be in charge of what is taking place here and be in charge of any disciplinary actions for her. Mayor Newill - I have not received any notice of this action being taken. Commissioner Sorrelli - Is this true? I want to hear from the Manager. Mana eg r Su e~ - It is inappropriate to discuss a personnel action at a Commission meeting. A determination has been made and we are in a 10 day appeal period and no action has taken place. I would suggest if any member of the Commission wants to know what is going on, I would recommend that they read the Charter as to who is responsible for what. It is inappropriate for the Commission to do anything at this time. Mayor Newill -Would the Commission like to add this to the agenda? Comm. Sorrelli - Absolutely. Comm. Trinley -Yes. Vice Mayor Zwick - I have been taken by surprise and cannot voice an appropriate opinion. Comm. Pa lg iaro -Concerned about this being public at this time and not having the information. The process has begun. Is this the appropriate venue? Mayor Newill - I believe the situation as serious as this, with the implications and health concerns involved, do not know when the appropriate time is. But I believe that the Commission and its citizens should be apprised of what is going on. Since it is apparently a 2-2 vote, I will cast my vote to add it to the agenda. I believe it should come in under "New Business" -item #6 D. Joe Yucht -Boca Highlands Wish everyone a happy healthy New Year. It has happened again, another multi-car accident at the crosswalk. Someone had to be extricated. If you take a look at the topography of the land, it is an accident waiting to happen. When driving from the north to the south, there is a rise in the ground. This causes many drivers not to know there is a crosswalk there. It is the most dangerous spot in Highland Beach. Boca Highlands tried to correct the problem by installing a traffic light, which the Town fought. How many more accidents have to happen? Your duty is to protect the welfare of the people. Please reconsider and take steps to prevent future accidents. Mayor Newill -Chief was that accident in Highland Beach or Boca Raton. Chief Hartmann - It was in Boca. Comm. Pa lg iaro -What is the number of accidents that have occurred on AlA? Chief Hartmann - It is a very small number. Mayor Newill - Do you think there have been more accidents at Boca Highlands rather than any place else? Chief Hartmann - We have had a few at Boca Highlands and a few at other crosswalks. They are few and far between. Chief Hartmann - Believe the added enforcement has helped. Comm. Sorrelli - Do you have any idea how many tickets are given to residents? Chief Hartmann - We do not keep that type of record, but we could. Comm. Sorrelli -Boca Highlands residents are creating their own problems. It was a resident that hit the two kids on New Year's Eve. Chief Hartmann -When you step out in traffic, you need to be sure you are going to be safe. Residents need to look both ways before entering the crosswalk. We write tickets and give warnings for these violations. Town Commission Regular Minutes January 4 2011 Page 3 of 20 David Stern - 2901 S. Ocean Blvd. First I would like to read into the record a letter I sent to the Commission and Mayor. Then, I would like to add a few additional comments: The more I have thought about the proposal to eliminate the Board of Adjustments & Appeals the more concerned I have become -not only with the proposal, but with the perceptions to the residents. With emphasis on Ethics and clear Sunshine transparency this proposal lends itself to being viewed as a narrow decision process without enough discussion and open deliberation by not having more than one person making the decisions. Namely, having one paid person hired by the Town through our legal firm, making independent decisions cannot replace a Board of seven residents that needs a four person affirmative vote to approve a variance. I suggest that a decision that conforms to the "letter of the code", in some instances, may not be in the best interest of the town. In a case just last month, involving the Holiday Inn Sign replacement - which was very close to the same size as the present sign, but five times the size in the present code, was approved after a sight inspection by the Board and open discussion, with Public comments by a six to one majority. There could be no question that this was a fair and impartial hearing. I would also like to comment on the question of Board member attendance and commitment. I reviewed four years of Board of the Board of Adjustments & Appeals meetings. There were only two meetings postponed because of not having a quorum and all the rest of the meetings that were canceled for lack of Agenda items. Just one additional note; I am a financial Industry public arbitrator and our cases are decided by a three member panel. This allows for the proper perspectives and questions necessary to make good decisions. I truly hope the Commission will seriously consider all of the ramifications of this very important issue and make sure it has all of the facts and possible consequences before voting. Thank you. Harold Hagelmann -Boca Highlands I endorse the statement just made by David Stern. As a former Mayor, I have seen deterioration taking place in our Town. We are floating our work out to other people who do not live or pay taxes in Highland Beach. This is a government of the people. While I was Mayor, I was walking back to my office and heard yelling and screaming coming from the Town Manager's office. He was yelling at Stan Novak, the Finance Director. The Manager was telling him he was stupid, didn't know what he was doing and needed to get on the right track. After they were fmished, I asked the Finance Director what was going on. He refused to tell me, saying he was afraid of losing his job. The Commission needs to step in and take care of the problem with the Town Clerk. Joseph Colby -Villa Costa I have served on the Board of Adjustment for three years with fellow residents who like you, have felt a responsibility to serve our community. The board members have changed but not their professionalism and dedication. I believe all the work of this board has benefited the Town and its residents as was the original intent behind the formation of the Board of Adjustment and Appeals. Historically, a board such as ours was necessary to correct some of the injustices that zoning regulations can cause to individual property owners. Every municipality has such a board, essentially a Zoning Board of Appeals to offset and correct unfairness to its citizens from zoning regulations which harm rather than protect. Usually the board is made up of at least 5 to 9 members so as to have input from the community as a whole. I have never heard of a single Czar or Czarina, being given such unprecedented power as is being done here in Highland Beach. I have not heard one genuine reason for such a dramatic change to our life styles as is contemplated Town Commission Regular Minutes January 4 2011 Page 4 of 20 by this action. As we eliminate volunteer boards, we change the character of the Town. No longer will it be a small, friendly place to live and raise a family, but big city and impersonal. The volunteer boards made this Town the good place it is and earned it the reputation we have had. This board has repeatedly prevented harm from coming to its citizens from overly restrictive zoning laws. Just as the collective thoughts of a five person board made the laws, the collective thoughts of a citizen board like ours was vested with the power to correct any injustice to its citizens as the laws are applied to each of us. The Town Commission and Manager will do all of us a great injustice by eliminating this board and giving the collective power to one person beholden to the Town Commission and Manager who have the power to fire her or him from a paying job. Every appellate body I have ever heard consists of more than one person from the U.S. Supreme Court down. Eliminating this Board does great injustice to the residents of this Town. There are only two volunteer boards left and I tend to think their days are numbered. I have enjoyed working with each of you and I thank you for myself and on behalf of the residents for your time, expertise, professionalism and dedication each of you has shown as have the people who have served here before you. Mayor Newill - As I explained in prior meetings, I had the Town Clerk do a survey of the municipalities in Palm Beach County to see if they used a Board of Adjustment or special magistrate. Out of 17 communities replying, 13 use a special magistrate. We interviewed six attorneys whom submitted qualifications for the special magistrate for code enforcement. All six were special magistrates for other municipalities in Palm Beach County, Martin County or Broward County. George Barlow - 1084 Bel Lido Drive Agree with Chairman Stern, that the Board of Adjustment is filled with a good representation of the Town. We have good zoning, but if it is not enforced it defeats the purpose. Chapter 30 is very complex. Anyone working with it must be knowledgeable. In favor of having a special magistrate who understands zoning. Gerry Marshall - 1088 Bel Lido Drive Second what George just stated. Volunteer boards are made up of good people. They all are good people, but the last variance issued in Bel Lido was incorrect. Lou Stern - 1115 Russell Drive I have already gone on record saying that it is a travesty if we eliminate one more board. Basically, the rulings given by this board have been right. No one is more knowledgeable of Chapter 30 than Town Attorney Sliney. Why would we give this position to an outsider? Frustrated that you would consider eliminating this Board. 3. PRESENTATIONS None Town Commission Regular Minutes January 4 2011 Page 5 of 20 4. BOARDS AND COMMITTEES A) Board Correspondence • None B) Board Action Report • Read into the record by the Town Clerk C) Vacancies • Beaches & Shores Advisory -Two -three-year terms • Planning Board -One -two-year unexpired term (8/12) D) Monthly Board Meetings • Special Magistrate -January 6th -Cancelled • Beaches & Shores Advisory -January 11th -Regular - 9:30 AM • Planning Board -January 12th -Regular -Cancelled • Bd. of Adjustment -January 18th -Regular - 9:30 AM • January 25~` -Noon -First Day of Qualifying 5. PROPOSED ORDINANCES AND RESOLUTIONS A) ORDINANCE NO. 10-004 O -Second Reading and Public Hearing AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA ADOPTING THE EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL TO REVIEW AGENCIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 10-004 O, title only, into the record. Town Mana e~ r Su e~ -Last year the Town Commission adopted a draft Evaluation and Appraisal Report (the EAR) consistent with the Evaluation and Appraisal Report requirements of Chapter 163 (Statewide Comprehensive Planning) Part II, Section 163.3191 and Rule 9J-5.0053 of the Florida Administrative Code. Upon the adoption of the draft, the Town sent that work to the Department of Community Affairs (DCA) and other review agencies for their comments. We received all of their comments back and made the necessary modification in order to develop a final Evaluation and Appraisal Report which was presented to the Town Commission for adoption on first reading back in July. The final revised document, after first reading, was sent to DCA and they have provided us with all of their final comments. All of the final comments from DCA have now been incorporated into the final draft of the 2010 Comprehensive Plan-Evaluation and Appraisal Report- based Amendments. You will find three different modifications to the final draft document. There are underlines and strikethroughs which were part of the original document. Any final modifications which came out of the last set of comments from DCA can be found written in yellow high lighting. It is now time for the Commission to consider Ordinance No. 10-004 O on second reading. The first reading was conducted on July 6, 2010. We will also need to conduct a public hearing on the Ordinance. I have a sign-in sheet for any member of the public who would like to make a comment on the item. Upon the final reading and adoption, we will once more send it off to DCA for acceptance of our final action. At that point the Town's Comprehensive Plan will be considered up Town Commission Regular Minutes January 4 2011 Page 6 of 20 to date and will not need any more attention for seven more years, unless we intentionally want to modify any one particular provision of the Comprehensive Plan. Mayor Newill asked if the Commission had any comments. Receiving no comments, the Mayor opened the Public Hearing. Receiving no comments from the public, the Public Hearing was closed. MOTION: Commissioner Trinley moved to adopt Ordinance No. 10-004 O on second reading; seconded by Commissioner Sorrelli. ROLL CALL: Commissioner Trinley - Yes Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. B) ORDINANCE NO. 10-005 O -Second Reading and Public Hearing 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 Town Clerk Brown read Ordinance No. 10-004 O, title only, into the record. Town Mana eg r Su eg rman -This Ordinance, which authorizes the establishment of a position of special magistrate to perform the functions of the Board of Adjustment and Appeals, is on this agenda for second and final reading. Should the Commission adopt this legislation, it will authorize the creation of the position of special magistrate for the purpose of serving as an alternative method for carrying out the duties and responsibilities of the Board of Adjustment and Appeals. The ordinance does not eliminate the Board of Adjustment and Appeals. The legislation, however, does the following: 1) It keeps the Board of Adjustment and Appeals option "on the books" in that the language for a Board has not been eliminated from the proposed ordinance. 2) It authorized the use of a Town Commission appointed Special Magistrate as an alternative to the Board of Adjustment and Appeals. 3) Upon adoption, it would discharge the current members of the Board of Adjustment and Appeals, with thanks, as soon as a Special Town Commission Regular Minutes January 4 2011 Page 7 of 20 Magistrate is put into place. The Commission will recall that during a prior Town Commission workshop meeting the draft language calling for a process for selecting a special magistrate was removed from the test of the ordinance. It was removed because our current special magistrate, Carolyn Ansay, has agreed to serve as the Town's Special Magistrate for hearing matters previously considered by the Board of Adjustment and Appeals. She did not see any need to modify her existing contract with the Town and felt that this could just be another added duty under the current scope and conditions of her existing working relationship with the Town. The Town Attorney has reviewed this arrangement and has found it to be acceptable. Mayor Newill asked if the Commission had any comments. Receiving no comments, the Mayor opened the Public Hearing Joe Colby -Villa Costa What I want to say in regards to the ordinance, I stated during the public portion. But I feel it is necessary to point out, first and foremost, the ordinances that you have are normally good at the time that they are made. Because of circumstances and changes in the world around you, it is necessary to have corrections to that, which can't be done by a formal change to the zoning laws. That is where the Zoning Board of Appeals and Board of Adjustment come in. For example: The last variance granted by the Board of Adjustment was the sign at the Holiday Inn. Holiday Inn worldwide had come out with new signage. When they went to the Building Department for a permit, even though the sign was smaller than the one presently there, it was larger that what the Code allows. The Holiday Inn Manager was required to appear before the Board of Adjustment to request a variance. Also note, at every meeting, the Town Attorney or his representative are present. David Stern - 2901 S. Ocean Blvd. I agree with everything Mr. Colby stated. Whether you got a yes or no reply from the other Towns, you also need to get additional information. The more I have thought about the proposal to eliminate the Board of Adjustments & Appeals the more concerned I have become -not only with the proposal, but with the perceptions to the residents. With emphasis on Ethics and clear Sunshine transparency this proposal lends itself to being viewed as a narrow decision process without enough discussion and open deliberation by not having more than one person making the decisions. Namely, having one paid person hired by the Town through our legal firm, making independent decisions cannot replace a Board of seven residents that needs a four person affirmative vote to approve a variance. I suggest that a decision that conforms to the "letter of the code", in some instances, may not be in the best interest of the town. In a case just last month, involving the Holiday Inn Sign replacement -which was very close to the same size as the present sign, but five times the size in the present code, was approved after a sight inspection by the Board and open discussion, with public comments, and approved by a six to one majority. There could be no question that this was a fair and impartial hearing. I would also like to comment on the question of Board member attendance and commitment. I reviewed four years of Board of the Board of Adjustments & Appeals meetings. There were only two meetings postponed because of not having a quorum and all the rest of the meetings that were canceled for lack of Agenda items. Just one additional note: I am a Financial Industry Public axbitrator and our cases are decided by a three member panel. This allows for the proper perspectives and questions necessary to make good decisions. I truly hope the Commission will seriously consider Town Commission Regular Minutes January 4, 2011 Page 8 of 20 all of the ramifications of this very important issue and make sure it has all of the facts and possible consequences before voting. Thank you. Joe Yucht -Boca Highlands I am speaking against this ordinance. If you get a special magistrate, you are going to get an expert lawyer. I would never try a case with twelve attorneys being the jury. The Board of Adjustment covers up the cracks. The law and adjustment are not the same. I am urging you to please vote no on the proposed ordinance. Mayor Newill closed the Public Hearing. MOTION: Commissioner Trinley moved to adopt Ordinance No. 10-005 O on second reading. Mayor Newill turned the gavel over to Vice Mayor Zwick. Mayor Newill seconded the motion. Vice Mayor Zwick -Opened the meeting for discussion. Comm. Pagliaro - I stated my position on the record last month. Someone just said fifteen other communities have taken on a special magistrate. Highland Beach is a special place. We have residents with expertise. Do not want to go in the direction of the other communities. The potential harm of what we would be doing to our volunteers is enormous. ROLL CALL: Commissioner Trinley - Mayor Newill - Commissioner Pagliaro - Commissioner Sorrelli - Vice Mayor Zwick - Motion failed with a 2-3 vote. Yes -many thanks to the members of the Board of Adjustment. Yes No No No Vice Mayor Zwick returned the gavel and meeting to Mayor Newill. C) RESOLUTION 11-001 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPOINTING PALM BEACH COUNTY SUPERVISOR OF ELECTIONS SUSAN BUCHER AND ONE PALM BEACH COUNTY COMMISSIONER TO THE TOWNS' CANVASSING BOARD AND AUTHORIZING SUSAN BUCHER AND ONE PALM BEACH COUNTY COMMISSIONER TO REPRESENT THE TOWNS' CANVASSING BOARD FOR THE GENERAL MUNICIPAL ELECTION OF MARCH 8, 2011. Town Mana eg r Su eg_rman -Here in Palm Beach County, the Supervisor of Elections Susan Bucher has initiated some new rules for municipal elections. She has asked municipalities to take two specific actions in relationship to those rules prior to the municipal elections. One is to appoint the Town Canvassing Board, which we have crafted in the form of Resolution No. 11- Town Commission Regular Minutes January 4, 2011 Page 9 of 20 001 R, Agenda Item #5 C. The second to enter into an agreement with her office for vote processing and election services which we have crafted under New Business -Agenda Item # 6 A. As I said at the opening of the meeting, a letter came into Town Hall by email and it is from Trela White, Attorney for the Palm Beach League of Cities, to Jamie Titcomb, Executive Director for the Palm Beach League of Cities, discussing both these issues. Frankly, I have not read or studied the details of this two page letter. But on a quick glance with the Assistant Town Attorney and Town Clerk, and in a very brief 30 second meeting, we believe this letter dated today makes some of the provisions of these two items on the agenda suspect of moving forward at this time. The Attorney for the Palm Beach League of Cities is suggesting that each municipality may want to modify the model agreement that was sent to us by the Supervisor of Elections before adopting them. We have not had time to study whether we want to modify our two documents. Therefore, I suggest that the Commission table Agenda Items # SB and #6A, giving us time to study this and bring it back to you at the February meeting. Mayor Newill - Do we have that luxury of time? Town Clerk Brown -Even though the Supervisor would like to have the paperwork approved in January, our next regular meeting is prior to the end of the qualifying period. I will notify her that the paperwork will be scheduled on the February 1St meeting. Mayor Newill -Were these questions brought up at a previous election? Town Clerk Brown -There have been some changes in the state statutes that have required some changes in the agreements. MOTION: Commissioner Sorrelli moved to Table Item #5 C -Resolution No. 11-001 R and Item # 6 A -Authorizing the Mayor to Sign and Agreement for Vote Processing and Election Services with the Supervisor of Elections until the February 1, 2011 Regular Meeting; seconded by Commissioner Pa lg iaro. ROLL CALL: Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 Vote. Resolution No. 11-001 R is TABLED until the February 1, 2011 regular meeting. 6. NEW BUSINESS A) Authorizing the Mayor to Sign and Agreement for Vote Processing and Election Services with the Supervisor of Elections. TABLED (previous motion) TABLED until the February 1, 2011 regular meeting. B) Authorizing the Purchase of 6 Ruggedized Laptop Computers for the Police Department. Town Commission Regular Minutes January 4, 2011 Page 10 of 20 Town Mana eg r Su eg rman -The 2010-2011 annual budget contains capital improvement funds in the Police Department for the purchase of six ruggedized laptop computers which will be placed in the Town's six patrol cars. These computers provide updated improved technology as well as the durability needed for computers that are deployed in the vehicles. The laptop computers are being purchased off of a federal contract (Government Services Administration) through Global Technology Solutions which is their approved vendor in the State of Florida. The total purchase for the computers including installation in all six vehicles, along with all attachments, totals $29,936.72. This total expenditure is $136.72 more than what is in the approved budget. At the time that we created the capital budget for the Police Department we were not aware of all of the costs of purchasing the computers and having them mounted in the patrol cars. We now have a solid quote which can be relied upon. This is $136.72 in cost above the approved budget amount can be made up either through an intrafund transfer or a mid-year budget adjustment. A copy of the full quote was included with your agenda packet, along with a letter from GTS extending the GSA price to the Town of Highland Beach through January 31, 2011; a Letter of Authorization from GTS; a copy of the capital improvement request sheet from the annual budget document; along with a copy of the purchase requisition. The pricing sheet from the GSA contract is an extremely long document, so it has not been included in the Commission packet, but it is available for viewing if anyone so desires. The funds are available in the Police Department budget, Account No. 001-521.000-564.000 Machinery and Equipment for this purchase, except for the last $136.72 which will be handled by either an intrafund transfer or a mid-year budget adjustment. Commissioner Sorrelli -What happens to the old computers? Chief Hartmann -The computers will be put on the surplus list for disposal. MOTION: Commissioner Sorrelli moved to authorize the purchase of 6 Ruggedized Laptop Computers for the Police Department; seconded by Vice Mayor Zwick. ROLL CALL: Commissioner Sorrelli - Yes Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Mayor Newill - Yes C) Consideration of Granting Permission to Ultra Sports, LLC by not Objecting to the Running of an Ultra marathon on SR AlA in Highland Beach on March 26, 2011 and to also Allow for the Placement of a Water Station in the Town's Parking Lot during the Event. Town Manager Su eg_ rman - We have been asked by Bob Becker, Race Director of Ultra Sports, LLC to "not object" to the running of a 100 mile team relay race along SR AlA in Highland Beach, and in other communities, on Saturday, March 26, 2011 so that Mr. Becker can advise the Florida Department of Transportation that we, as a municipality, do not object to the runners coming though our community. We have also been asked by Mr. Becker to allow him to place a runner check-in desk and water station in out Town Hall parking lot on the day of the race. Attached to your agenda were two letters from Mr. Becker explaining the requests, along with some literature on the planned Town Commission Regular Minutes January 4 2011 Page 11 of 20 race event. Mr. Becker will be in attendance at the Commission meeting to answer any questions of the members of the Commission. This request has already been reviewed by the Police Department and they apparently have no objections to the request. If it is the Commission's desire to grant such a request, it can be done by a simple motion, second, discussion and a vote. Comm. Sorrelli -How many runners are you talking about? Bob Becker -This is the third year that we have run the race. In the first two runnings, we had a total of 18 teams the first time and 21 the second. There is one person from each team running at a time. These runners are spread out over a long distance. You probably wouldn't even realize they are in a race except for the fact they are wearing a number. In adding individual races this year, we might add an additional 100 runners. Again, spread out over this long distance. I cannot give you an exact number because it is the initial year of this race and we do not have all the final registrations. The difference in this type of race and a SK is there are a limited number of runners who participate in the marathon and they are spread out. There is no request for lane closures and no obstruction of traffic. It would be like any other runners on a Saturday. Comm. Sorrelli -What kind of time? Mr. Becker - It is a 100 mile race from Fort Lauderdale to West Palm Beach and back, and it begins at 6 am. Based upon our experience last year, the first team should arrive back in Fort Lauderdale at 5 pm and the last about 11 pm. Of the 2 individual races, one is the 100K or 62 miles. It is from Fort Lauderdale to Ocean Ridge and back. That race also begins at 6 am and should be finished between 6 and 8 pm. The 3rd race is SOK or 31 miles from Fort Lauderdale to Ocean Ridge and begins at 11 am. It will also end between 6 and 8 pm. All these runners will be spread out. Comm. Sorrelli -What is the water station? Mr. Becker -The individual runners are checked in at 8 stations located throughout the race. We supply them with water and snacks. Each water station will have a 6 foot table, a couple of volunteers with chairs, and possibly a 10 X 10 canopy depending on the weather. Looking out in front, coming off the sidewalk near the water fountain is a little patio. It looks like the perfect location for the water station. This would be an ideal location for the runners and would not even be located in the parking lot. Comm. Sorrelli - Do you need a police escort? Mr. Becker - No. We are not asking for any other consideration. Comm. Pa lg iaro -Are any signs posted on AlA alerting drivers? Mr. Becker -Each team has a vehicle and each vehicle has a sign. Except for certain locations where we turn off A 1 A onto some side street in Ocean Ridge, there will no signage. In this section of the route, runners will be running on the sidewalk not the street. We may have a small sign, if allowed, with an arrow indicating the aide station. It would be very modest in size. Otherwise no. Mayor Newill - In the seven pages of what you presented to us, I see three words that refer to a charitable benefit. That leads me to the question is there some commercial venture in this? Is the Town allowing a commercial venture to occur? Mr. Becker - I did not mean to be misleading in any way. My company is afor-profit company. But in connection with three races that I do, I raise funds for prostate cancer. We are not a 501 c3, but we work very closely with a charity that is. The funds that we raise go for pre-prostate screening, educational outreach, and some other types of Town Commission Regular Minutes January 4 2011 Page 12 of 20 support. Primarily, my races are in the Keys and the money is donated to cancer research in South Florida and Holy Cross Hospital in Broward County. We have funded Broward Medical Center with funds in the past. Our runners are not required to raise funds, but they are encouraged to do so. Part of our entry fee arrangement is if the runner raises a certain amount of money their entry fee is waived. Mayor Newill - I apologize up front as I not want to sound insulting. But exactly what percentage of the fees goes to charitable causes? Mr. Becker - Of the direct revenue from the race, 10% of gross receipts, before expenses, go directly to the Richard J. Fox Foundation which is a SOlc3, and it is whom we work with. I would tell you in the first two years in trying to get this off the ground, this type of event and the expenses exceeded the income. We are hoping that will not be the case this year. This is not a race where you will have four or five hundred runners. Mayor Newill -The foundation receives 10% of the fees directed only to prostate cancer. Mr. Becker -Yes. It is a family foundation that has been in existence for 22 years, based in Georgetown where Richard Fox lived. A member of the Fox family lives in Fort Lauderdale. That is our connection and how we got to know them. Most of the funding that we raise stays in South Florida and the Keys. A modest amount still goes to the Lombardi Center in Georgetown. Comm. Pa lg iaro -Attorney Keller, would there be any liability for the Town of Highland Beach? Mr. Becker -We have liability insurance issued through USA Track and Field and have no problem naming Highland Beach as an additional insured. Comm. Pa lg iaro -Can we get a copy of it? Mayor Newill -Please submit the insurance form to the Town Manager. Mr. Becker -We have permitting and additional municipalities listed as co-insured. Through the USA Track and Field governing body, it is very standard and acceptable. Comm. Sorrelli - We have a lot of bikers come through Town. Who will have the right-of--way? Mr. Becker -The runners will be on the sidewalk, not in the bike lane. These runners will also be spread out and not be disrupting traffic or use of the sidewalks. Mayor Newill -Highland Beach does not have sidewalks, we have a walking path. I know you have said it, but refresh me. How long will the race last or tie up the walking path? Mr. Becker -The runners will be coming through from mid morning to late afternoon. They come north from Fort Lauderdale then return south back to Fort Lauderdale. Mayor Newill - We have quite a few walkers in Town, and quite a few are on the senior level. Will there be a problem between the runners and walkers? Mr. Becker - In the past we have had no problem. In an ultra marathon race, it is all about endurance, not speed. It is also a mix of running and walking. Mayor Newill - If we deny this request, what happens? Mr. Becker -There are two requests. The first one is pursuant to the FDOT, because we are asking for a permit along AlA. There are 15 municipalities that I am addressing this same issue with.. Most of them have no issue, because people run through their town on Saturdays anyway. If I do not get your permission, I do not know what FDOT will do. I do not know how we would route the race around Highland Beach. As to the location of the water station, geographically it lays out very nicely. It we can have it here, great. If not, we will have to find an alternative location. Town Commission Regular Minutes January 4 2011 Paae 13 of 20 MOTION: Commission Sorrelli moved to grant permission to Ultra Sports, LLC by not objecting to the running of an ultra marathon on SR AlA in Highland Beach on March 26, 2011 and to also allow for the placement of a water station in the Town's parking lot during the event. Motion was seconded by Commission Pagliaro. ROLL CALL: Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. D) Discussion of the suspension of the Town Clerk. Mayor Newill - Normally I turn this over to the Town Manager, but he indicated at the beginning of this meeting that he thought this should not be on the agenda, but the Commission decided they wanted it on the agenda. I do not know how to begin this. I know this came as a surprise to the Town Commission. The Town Manager has taken the position, and I do not want to put words in his mouth, but he is saying that this is still not a complete ruling until the ten day appeal process expires. But, it is my understanding that he has suspended the Town Clerk for passing on dirty and racial jokes on her computer to other people. It is my understanding that there are five in total. This is what I have been told. Do not know what standard was used to determine this. When we talk about a dirty or racial comment or joke, I think the courts have been tied up on what constitutes one of these for a long time. I think the Supreme Court has set standards, and do not know if these standards were used when judging those jokes or if some other stated body was use. Or, was it a standard set by Dr. Sugerman himself. I do not know. What make the situation a little bit worse than it would normally be, and I will ask the Town Clerk's forgiveness on what I am going to report? I am sure most everybody knows that she is going through a life threatening cancer threat. She has been going through a process for a number of weeks. I do know first hand because of my family's involvement with the Town Clerk because she had nobody else in this area. Thank goodness, my wife consequently stepped in and has gone to all her appointments and treatments with her. The doctors have been very specific, which I passed onto the Town Manager several times that she is not be put under any stress, because stress will ruin the treatment. The doctors have gone as far as to say that they are willing to put this in writing if she has a problem with her employer. I know it is hard to divorce these two things, but compassion has to come in here someplace. I also, and again I have not discussed this with the Town Clerk, but I know for a fact that the new medical plan in Highland Beach has not covered all her costs and she is incurring financial problems on her own because of these treatments. Quite frankly, I cannot fathom that this kind of information, suspending someone without pay for passing on five jokes. I have a real problem with this. With that, I open it up to the Commission. In my reading of the Code, my understanding is that the Town Manager is in his right to suspend the Town Clerk. But he is not in his right to terminate the Town Clerk without the authorization of the Town Commission. So, with that, the Commission would like to hear from the Town Manager. Town Commission Regular Minutes January 4 2011 Pale 14 of 20 Town Mana eg r Sugerman - I will mention a couple of things. I will direct the Town Commission to Sec. 4, O1 of the Town Charter, which I do not need to read into the record. I will also direct the Commission to Town Code 2.47A which also speaks for itself. I will point the Commission to Town Code Section 2.48(2). As I said earlier, this is a personnel matter that there has been no action taken. A written determination was made and shared with the Town Clerk. It was only yesterday that I provided her with that written determination. Under the rules and regulations, there is a 10-day period of appeal. So, I believe it is completely inappropriate, while the Town Clerk enjoys her 10- days of appeal, before any action is taken. No action has been taken other than a written determination. I think it is inappropriate that this be discussed in this forum. It is not properly before the Town Commission and I do not believe it should be discussed here. I will leave my comments at that. Comm. Sorrelli - I am so upset. How can you sit there and say those words, Mr. Manager? Where are you living? Are you in another world? This is a great Town. We have a good Commission. You have found fault with just about every employee in this Town. You have crucified everyone in your own words. You said it is time to torture them. You name me one employee here that is happy. You have crucified just about everyone. You are crucifying this woman. Why in the world would you pull her computer out and go into her computer? Why are you doing these things? Why? Is it because you do not want to work here anymore? I do not understand where you are coming from. I know you want to get fired because you want that full year's pay. You would be stupid to say it is not true. This Commission does not have the guts to fire you. If it was up to me you would have been out of the door months ago. You got to knock it off. There isn't an employee in this Town who does not work hard for the Town. Why are you putting this woman through all of this? She had a get a lawyer. By the time she is finished, it will cost her five thousand dollars. Suspend her? Where are you coming from? I am so upset! I am ready to blow my cork. I am going to have to watch my words. I think you are out of whack. You have been abusing our employees since day one when you got here, up until this day with this lady right here. Manager Su e~ - Commissioner I can understand that you are upset. I will respond to you saying that I am a professional. I believe that I have followed the rules. I have used due process. I have a determination. I believe that determination will be upheld ultimately. It was the right decision and I am prepared to stand by it. If the Commission wants to take some sort of action to overturn that, I suggest you read the Charter and the Code and take whatever action is appropriate. Comm. Sorrelli - You are not a professional. You have not been a professional since you started. You can ask any employee, and they will tell you the same thing. You have abused everyone since day one when you came here. For you to say you are aprofessional - no way. Mayor Newill - It is going to get very dicey here. We will follow the rules of order. If you want to get recognized, please signify it, and I will recognize you as I see you raise your hand. Comm. Pa lg iaro - I would like to ask the Town Attorney in terms of this discussion of the appropriateness of it or not. I would like to get your opinion on it based on what I have heard here. Asst. Town Attorney Keller - I believe the Town Manager is referring to the Personnel Rules and Regulations. Pursuant to that, there is a provision of post action procedures available to the Town Clerk. I have reviewed the procedures and do not find anything that prohibits the Town Commission from doing their own investigation or inquiry of what transpired. Again, there has been no finality to this matter as of yet, or until the appeal process has run. Town Commission Regular Minutes January 4 2011 Page 15 of 20 Comm. Sorrelli -What are you telling us? Asst. Town Attorney Keller -While the Town Commission may not be able to take action, I do not feel they are prevented from making an inquiry into this matter even if procedures have been followed to this point. Mayor Newill -Amanda, if I may ask you a question. But before I ask you a question, let me ask the Town Manager a question. Town Manager who are your superiors? Mana eg r Su eg rman - I am directly employed by the five members of the Commission. Mayor Newill -Amanda, let me read to you from the Policies and Procedures Manual that I was given when I was elected six year ago. There are 37 counts of why you could be suspended, terminated, or whatever. I would like to read #25 - "Violation of any Town regulation, order or rule, or failure to obey any work-related direction given by a superior when such violation or failure to obey amounts to insubordination." I know that is a lot. Would I be incorrect in saying if one of these Commissioners made a motion to order the Town Manager to rescind the suspension and reduce the sentence to a written warning placed in the Town Clerk's personnel file for one year? And, if one of the Commissioners seconds that motion, and there was a vote, and the vote came out that the majority voted in favor of issuing that order to the Town Manager. If he did not follow it, would it be considered insubordination and be grounds for suspension or termination? Town Attorney Keller -Possibly. Going from that one provision and not having reviewed anything else in depth, there maybe something contrary to that, but I am not aware of anything. Mayor Newill - As I said, that would require a motion from a Commissioner. Comm. Trinley -Town Manager why was it that the Town Clerk's computer the only one taken apart? What or who led you to such an action. Mana eg_r Su eg rman - It is inappropriate for me to discuss this in a public meeting. However, there is a very good answer to that question. Beverly, should I answer that question in public at this time? Before I do, I would like her blessing that my discussing this in public is fine with her. Typically I would not do this in front of the Commission. Again, our Charter and Code makes this inappropriate to discuss before the Town Commission. You do ask a legitimate question. I am only willing to answer if Ms. Brown agrees. Mayor Newill - Mr. Manager, how many violations, reprimands are in the Town Clerk's personnel file? Mana eg r Su eg rman -I am not sure, I have not looked at that file. Mayor Newill - I believe you have been here longer than her. From memory you should be able to tell us as you are the logical person to put those in there. Mana eg r Su eg rman - If a failure to memorize an employee's personnel files contents is an act of being unprofessional, then that meets the definition of Commissioner Sorrelli. Mayor Newill - I am not saying that it is unprofessional. I am saying it is a copout. You are her supervisor and you are the only individual that could put a reprimand into her file. Manager Su eg rman -0K. I believe the number has to be less than the number you can count on a single hand. Mayor Newill -That is not a sufficient answer. Mana eg r Su eg rman -Did we resolve Commissioner Trinley's question? She asked a question of me. Comm. Trinlev - I asked why the Town Clerk's computer was the only one that was taken apart, because of a so-called transgression? Mana e~g_erman -And my response to that question was that I do not believe this is the appropriate forum to be answering that question. It is a legitimate question. There is a solid answer to it, and I am unwilling to provide the Commission with that answer in this public forum unless Ms. Brown publicly states that she is fine with my answering that question in this public forum. Because I do not believe this is the appropriate place Town Commission Regular Minutes January 4, 2011 Page 16 of 20 for that to be done. Comm. Trinley -What do you think Bev, do you want to let it pass? Manor Newill -I think it is a very difficult question to ask the Town Clerk since she is represented by counsel, and the counsel is not here to advise her. I think questions of her are inappropriate. Now, that is my opinion on it. I am not asking her to comment one way or another. I am trying to provide a reasonable answer. I think the Town Attorney has stated that we have every right to hold a discussion on this. An inquiry or whatever you want to call it. Comm. Trinley - I would like to divert a little bit. In the Charter, Article I, Section 1.06(4); it is in regards to the Clerk. Once the Clerk has been appointed by the Town Commission, he/she reports to the Town Manager. Whereby, in Section 4.03 which is Police, there is no such admonition. The Town Manager cannot touch the Chief who is also appointed by the Town Commission. So, why is there such a disparity between the two, if both are appointed by the Town Commission? Why is the Clerk under the Manager? I think we should change the Charter. Manor Newill -You may have a very good point there. Going forward we might look into changing the Charter. Comm. Trinlev - This Commission appointed Mrs. Brown, or the former Commission appointed Mrs. Brown. She was elected by the Commission or former Commission. Manor Newill - Do we have a motion? Comm. Sorrelli - If you repeat it, I will make the motion. Mayor Newill -The Town Commission makes this motion in conjunction with Personnel Rule #25 - Discipline. Violation of any Town regulation, order or rule, or failure to obey any work-related direction given by a superior when such violation or failure to obey amounts to insubordination. Comm. Trinley -Are you stressing insubordination? Mayor Newill - If this Commission would vote to direct the Town Manager to rescind the suspension sentence. There have been outcries from several of the Commissioners and the public who have said that the Town Manager needs to be terminated. Now, I have always been the deciding vote against that, and that is based on my 50 years of experience that you can't or shouldn't, not sure of the word, terminate an individual unless you have cause. Just because you do not agree with what the person is saying, or is not doing what you would like them to do, does not constitute cause. Something like this constitutes cause. People say terminate the Town Manager, But, it will cost the Town an extra $180,000.00 that is in the contract. But if you did that, still in my mind are additional attorney fees. You could be sued, because you did not have cause. That has always been my hang-up. When you get down to the bottom line -terminate the Town Manager, don't terminate the Town Manager. Without cause, I don't think you can do this. Comm. Sorrelli -What does the Town Attorney think about that. Asst. Town Attorney Keller -Certain provisions of the code might say something to the contrary. That is my only concern. Comm. Sorrelli - Mr. Mayor can you repeat the motion? Manor Newill -The. Town Commission has directed the Town Manager to rescind the suspension sentence against the Town Clerk and replace it with a written reprimand to be put in her personnel file for one-year. The Town Commission made this motion in conjunction with Personnel Rule #25 -Discipline. Violation of any Town regulation, order or rule, or failure to obey any work-related direction given by a superior when such violation or failure to obey amounts to insubordination. Comm. Trinley -Why is this motion being made? What is the result? Mayor Newill - If the motion is made and seconded, that the Town Commission is directing the Town Manager to rescind his Town Commission Regular Minutes January 4 2011 Page 17 of 20 suspension of the Town Clerk, reduces it to a written violation to be put in her permanent file for a year, along with the less than count on one hand that are already there. He has every right to refuse to do that. By that Town policy he would be insubordinate to the Commission. MOTION: Comm. Sorrelli made a motion that: The Town Commission has directed the Town Manager to rescind the suspension sentence against the Town Clerk and replace it with a written reprimand to be put in her personnel file for one-year. The Town Commission ruled this under Personnel Rule #25 -Discipline. Violation of any Town regulation, order or rule, or failure to obey any work-related direction given by a superior when such violation or failure to obey amounts to insubordination. Comm. Trinley seconded the motion. Discussion on the Motion: Comm. Pa lg iaro I am perplexed. A process has been initiated by the Town Manager. We are at a point in the 10-day appeal period. Do not understand why we are doing what we are doing here. I cannot say enough about Beverly and Dr. Sugerman. She has representation. There will be a hearing. Asst. Town Attorney Keller - If she appeals it. Comm. Pa lg iaro -There are avenues that she has. I question what is going on, and would like to hear more from my fellow commissioners. Comm. Trinley - I can answer that. This is a very unique situation that has never been brought forward in this Town before. Never. It is very unique. We are not talking about a project for land; we are talking about a human being. That is why we are discussing the process, and trying to make some sense out of what punishment, and does the punishment fit the crime. Along time ago, I asked the Town Manager to please don't kill a flea with an elephant gun. But it seems again he has done it. Mayor Newill - My answer is this. The reason why we venture to do this is not to create additional emotional stress on this woman whose doctors have advised repeatedly that additional stress will affect her treatment, and are willing to put that in writing. I am sure we can give a copy to the press sitting out there. Also to relieve some of the financial burden in attorney's fees because you can go through this process, but that clock keeps ticking and costs keep going up. So that is my answer to you. Vice Mayor Zwick - I have remained silent taking all of this in. I must admit to you that I feel horribly diminished that this is coming to an open discussion of a process that has ways of being handled. We sat through something of a similar nature before. Nobody came out of it with a shred of self esteem left. I hate to see that happening again as we pride ourselves on being a Town of intelligence, compassion, decency, and morality-possessed people. I do not like that it came up. I do not like that it is in the open and that you say it to the entire town and newspapers. It just doesn't seem proper. Maybe I am wrong. Maybe I am old fashioned. This should have been handled along the avenues that were established for handling it. I feel very guilty to be involved in this process, although I do admit when you run for office you take the good with the bad. You have to handle it, to admit to it and to study it. I feel someone took a pail of water and bashed it in my face when this first came up. I think the Mayor's suggestion might be a comfort blanket we can use to get over this for the time being. I don't think it is ever going to be really smoothed out. I feel sad for this Town and its citizens; for Beverly knowing how much I think of her; and our Manager who knows how Town Commission Regular Minutes January 4, 2011 Page 18 of 20 much I admire and respect him. I wish we did not have to do this. But the quicker we can put an end to this unpleasant display, the better off for all of us. So, I will be in favor of this motion, hopefully it will achieve that purpose. ROLL CALL: Commissioner Sorrelli - Yes Commissioner Trinley - Yes Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. Mayor Newill -Town Manager do you understand what the Commission has done? Town Manager Superman - I am not trying to be obstinate. I did not hear clarity of the motion, so I do not understand what the motion is. Mayor Newill -The Town Commission has directed the Town Manager to rescind the suspension sentence against the Town Clerk and replace it with a written reprimand to be put in her personnel file for one-year. The Town Commission ruled this under Personnel Rule #25 -Discipline. Violation of any Town regulation, order or rule, or failure to obey any work-related direction given by a superior when such violation or failure to obey amounts to insubordination. Man eag r Su eg rman - I understand the motion. Mayor Newill -Will you agree or disagree? Mana eg r Su eg rman - I will seek counsel and make a determination. Mayor Newill -Fair enough. 7) MISCELLANEOUS -ITEMS LEFT OVER: A) Minutes November 30, 2010 -Workshop Meeting December 7, 2010 -Regular Meeting MOTION: Vice Mayor Zwick moved to approve the November 30, 2010 Workshop Meeting Minutes and the December 7, 2010 Regular Meeting Minutes. Motion seconded by Commissioner Sorreli. Unanimous voice vote. 8. REPORTS -TOWN COMMISSION A) Commissioner John Pagliaro - In February we have a workshop meeting scheduled on the 22°d. I would like to request that the meeting be rescheduled to either February 7~' or 14~'. If the Commission cannot accommodate the date change, I will not be there. Comm. Sorrelli -The 14~` is Valentine's Day. Comm. Trinley -The 7~' will not give sufficient time to complete a new agenda. Town Commission Regular Minutes January 4 2011 Page 19 of 20 B) Commissioner John Sorrelli -Town Manager I am disappointed in you. You do not want to change your attitude towards employees. Residents wonder what is going on here. If you are not happy with our Town, then resign. Do not understand where you are coming from. C) Commissioner Doris M. Trinley No Report. D) Vice Mayor Miriam S. Zwick - No Report. E) Mayor Jim Newill, CPA -Like to remind everyone of the Mayor's coffee on Monday, January 24~` at 9:30. Commissioners, on the back of last week's Town Manager's report, there was a letter from Jamie Tipcomb and the Palm Beach County Inspector General. Here in Highland Beach, we believe in Home Rule. I thought the Palm Beach League of Cities also believed in Home Rule. Are they becoming a part of the County? I have a problem belonging to an organization that is part of a quasi department. 9. REPORTS -TOWN ATTORNEY No Report. 10. REPORTS -TOWN MANAGER No Report 11. CONSENT AGENDA None 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Susan Stern -Boca Highlands Apologize for being late, but want this on the record. How many more people have to be hit before the light is installed at Boca Highlands. I had to jump back to keep from getting hit by a car that was hit in the back because they had stopped to let me cross the street. How many deaths do we need? 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 3:45 PM upon a MOTION by Commissioner Sorrelli; seconded by Commissioner Pa lg iaro. Town Commission Regular Minutes January 4.2011 Page 20 of 20 APPROVED: ~ ~ ~ ~ Jim NeyjGifl, CPA, Mayor UU~~2~?~!s*~ Miri S. Zwick, ce Mayor Doris . Trinley, Commissioner ATTFCT•