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2011.02.01_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, February 1, 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: Town Attorney Tom Sliney; 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; 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 No public comments received. 3. PRESENTATIONS None 4. BOARDS AND COMMITTEES A) Board Correspondence: • None B) Boadd Action Report: • Attached C) Board Vacancies: • None Town Commission Regular Minutes February 1 2011 Page 2 of 16 D) Monthly Board Meetings • Special Magistrate -February 3rd -Cancelled • Beaches & Shores Advisory -February 8th -Regular - 9:30 AM • Boards Luncheon -February 9~' -Noon • Planning Board -February 10th -Regular - 9:30 AM (Change in date) • Bd. of Adjustment -February 15th -Regular - 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) RESOLUTION 11-001 R -Tabled 1/4!2011 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. MOTION: Comm. Pa lg iaro moved to take Resolution No. 11-001 R off of the Table; seconded by Vice Mavor Zwick. ROLL CALL: Comm. Pagliaro - Yes Vice Mayor Zwick - Yes Comm. Sorrelli - Yes Comm. Trinley - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. Town Clerk Brown read Resolution No. 11-001 R, title only, into the record. DISCUSSION: Vice Mavor Zwick inquired if the question regarding costs was answered. Town Clerk Brown -Stated the costs for this election will be the same as the costs in 2009. MOTION: Comm. Sorrelli moved to adopt Resolution No. 11-001 R, seconded by Vice Mayor Zwick. Motion passed with a voice vote. 6. NEW BUSINESS A) Authorizing the Mayor to Sign and Agreement for Vote Processing and Election Services with the Supervisor of Elections. - (Tabled 1!4!2011) Town Commission Regular Minutes February 1, 2011 Page 3 of 16 MOTION: Comm. Sorrelli moved to take the Agreement far Vote Processing and Election Services with the Supervisor of Elections off of the Table; seconded by Vice Mayor Zwick. Motion passed with a voice vote. Town Mana eg r Su eg rman -This is a contract between the Town and the Palm Beach County Supervisor of Elections for vote processing and election services for the March 2011 election. This was introduced at last month's Regular Commission Meeting, and there were a number of questions that some of the other municipalities were asking in regards to some of the clauses of the agreement. The day of our January Commission meeting, actually an hour before the meeting, these questions surfaced. We thought it was best at that time that the Commission table the item. Since last month, not much has changed except our Town Clerk and Town Attorney have had a chance to look at it a little closer and they both now concur that it would be ok for the Commission to move forward and enter into the agreement. I would refer to each of them if they want to add anything. Town Attorney Sliney - I have nothing to add. Town Clerk Brown - I am fine with the agreement. Vice Mayor Zwick -One question. Am I correct, in the figures that have been given, that these are not set in stone? That the figures could change over each election according to the needs of the Supervisor of Elections? Town Clerk Brown -The figures associated with this agreement are the same ones used in the 2009 election cycle. It is basically according to how many municipalities hold an election every year; how many absentee ballots are issued; and how many times we call the Supervisor's office for information. Mana eg r Su eg_rman - It also depends on how many people turn out to vote. The Supervisor is adding cost per vote. What the Supervisor of Elections is doing, is setting up a costly relationship, but frankly we do not have much choice. Even if she is charging per vote, it is less expensive than purchasing our own equipment and mechanism. Town Clerk Brown - In previous years, if you asked for an absentee ballot for one election, you would automatically receive a ballot for the next three elections. The procedure was changed last November, where you now have to request a ballot for each election that you chose to vote. During the presidential election, there might have been 1,000 absentee ballots requested, those individuals would have automatically received a ballot for the March election. This will no longer be true. Vice Mayor Zwick - I think you should spread this news to the residents. MOTION: Comm. Sorrelli moved to authorize the Mayor to sign and agreement for Vote Processing and Election Services with the Supervisor of Elections; seconded by Vice Mayor Zwick. Motion passed with a voice vote. B) Authorize the Mayor to sign a Contract with Kilbourne & Sons in the amount of $22,470.00 for the Installation of Header Curbs on Side Streets Intersecting SR AlA and Allocate Funding from the General Reserve of Contingency -Account #001- 590.000-599.000 Town Manager Su eg rman -This item is to authorize the Mayor to sign a Contract with Kilbourne & Sons in the amount of $22,470.00 for the Installation of header curbs on side streets intersecting SR Town Commission Regular Minutes February 1, 2011 Page 4 of 16 AlA and allocate funding from the General Reserve of Contingency -Account #001-590.000- 599.000. I won't go into detail on this, but basically what this is, is asking the Commission to approve a contract to install header curbs on the radii of three residential streets that intersect with SR AlA -Highland Beach Drive, Russell Drive, and Bel Air Drive. We discussed this at great length at last weeks meeting, but it was a workshop and there was no voting. Today's meeting is when the Commission can actually vote. Typically we will put this type of activity on our Consent Agenda, but I asked that it be put under New Business, as the wording of this contract has one little quirk to it, in that funds were not budgeted for it in this current fiscal year. There is money available, but it would take action of the Town Commission to make those funds available. If the Commission wants to approve this contract, we will need to take money from the Reserve for Contingency line item. MOTION: Vice Mayor Zwick moved to authorize the Mayor to sign a Contract with Kilbourne & Sons in the amount of $22,470.00 for the installation of header curbs on side streets intersecting SR AlA and allocate funding from the General Reserve of Contingency -Account #001-590.000- 599.000.; seconded by Comm. Pagliaro. Discussion: Comm. Sorrelli -Why couldn't this have been included in our recently completed road work? Mana eg r Superman -This is a different contract and is not related to the project just completed. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. C) Authorizing the Mayor to Sign an Agreement for Utility Bill Printing and Mailing Services Town Mana eg r Su eg rman -Over the course of the past year, we have been looking at ways to streamline our utility billing function, as well as find a way to save time and cost. Based upon visits with various vendors at state-wide and national trade shows, we have identified a number of vendors who can provide the Town with utility billing, printing and mailing services much less expensively that we can provide ourselves. They do this through their ability to undertake bulk purchasing and high speed mass mailings. Deputy Finance Director Cale Curtis has completed the research on three companies that provide this service. Attached is a complete packet of information which describes how our utility billing printing and mailing services presently cost in the Town of $690 per billing, plus one half day of labor. The preferred vendor will be able to handle all of our billing for $430.00 per month, including postage (after the payment of a onetime set up fee of $200.00) and give us back the one half day of labor per billing cycle. The proposed vendor (Municipal Code Corporation) is the same vendor that the Town currently uses for our on-line Code of Ordinances products known as MuniCode, as well as our document imaging program known as Laserfiche. Their utility billing Town Commission Regular Minutes February 1 2011 Page 5 of 16 function just happens to be a different division of the same organization. We have always been happy with the quality of their work and their responsiveness. Should the Town want to do so, the vendor also has an option where the Town can have inserts placed in the utility bill envelope. This would, of course, be for an additional cost. The agreement as proposed would be for a two year contract with an additional two year renewal if both parties agree. There is a 30 day cancellation clause available to either party. Cale Curtis is in attendance if there are any questions. I would recommend approval of this contract. MOTION: Comm. Sorrelli moved to authorize the Mayor to sign an agreement for utility bill printing and mailing services with Municipal Code Corporation; seconded by Comm. 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) Asphalt Consultants, Inc. -Contract Dispute Town Mana eg r Su eg rman - At last week's Commission meeting, I was asked by the Commission, and I offered to meet with the contractor, actually the president of Asphalt Consulting, Inc. He and I met last Thursday afternoon for one hour. We did have a very reasonable discussion. However, after I had my meeting with the contractor, somebody instructed the Public Works Director to hold a separate meeting. A separate meeting was held with the Public Works Director, the Contractor, the Consulting Engineer and our Deputy Finance Director. So, I believe based upon the instructions given to the Public Works Director, all of my efforts were for not. So, I have nothing further to report. Comm. Sorrelli -You do not have a report on the meeting? Manager Su eg rman - I believe my meeting became irrelevant when the Public Works Director was instructed to hold a subsequent meeting. Comm. Sorrelli -Where are we with the contract? Mana e~ r Sugerman -Maybe the Public Works Director should report, because his meeting was subsequent to my meeting. Mayor Newill - Do you wish to hear from the Public Works Director? Comm. Sorrelli -Yes, is he here? Mayor Newill - I think there has been a little bit of miss information here. I mentioned it to the Public Works Director that there should be a way to make some type of compromise with the contractor. I did not direct him to hold a meeting. I do not have the authority to direct any employee of the Town to do anything. Jack Lee -Public Works Director -Good afternoon. I was asked to contact the contractor in an effort to see if we could have a compromise on this dispute. I did meet with the contractor yesterday afternoon, along with the Town's Engineer, Aaron Cutler. There was some disagreement on the Town Commission Regular Minutes February 1 2011 Page 6 of 16 final costs of Change Order No. 2, a deductive change order. So, we left the meeting with nothing being resolved at that time. Mayor Newill -Does the Commission have any direction on where this matter should go? Comm. Sorrelli -Before they start with a lawsuit, I want to know what happened. Where are we standing? PWD Lee -Commissioner, we will still go back and talk to the contractor again to see if we can resolve this without going to litigation. Mayor Newill - I would hope that the Commission would be of the opinion that we could come up with some compromise rather than a lawsuit. I think nobody wins in a law suit except the attorneys. Town Attorney Sliney - I would agree that you should make another shot at it. Mayor Newill -I think what I am hearing from the Commission is that they would like you to try and go back and come up with a number that you are comfortable with and hopefully the contractor will be in agreement. Comm. Pa lg iaro -Jack is it your opinion that you believe that this can be resolved to our satisfaction? PWD Lee - I am convinced of that. The contractor committed to a number. I was not happy with that number. Would like to meet with our Consultant to discuss the change order in dispute and the numbers. I also want to talk the Town's Engineer's about this, Aaron Cutler in specific, to see where we stand with these three issues that the Town Manager and the Contractor are in disagreement. I feel confident in my mind that it is to the Town's best interest to come to a settlement with the contractor. I feel it would be better than going through litigation. You are not only going to have to pay lawyer fees, but fees for the engineers as they would have to give testimony based on their history of what transpired. This goes all the way back to April. I believe the Town Manager made the decision initially to go to arbitration and then he took it off the table. What we are trying to do now is resolve this without having to go to court. I think we can do this for less than $20,000.00. Mayor Newill - I believe all the Commissioners hope you are successful. 7) MISCELLANEOUS -ITEMS LEFT OVER: A) Status of Town Manager Mayor Newill - We brought this over from the previous Commission meeting. It is the will of the Commission whether to continue this discussion. Comm. Sorrelli - Mr. Mayor I would like to make a motion: MOTION: Whereas, the Town Manager, Mr. Sugerman, has chosen to ignore a direct order issued by the Town Commission on January 4, 2011 to rescind the excessive punishment issued to the Town Clerk on her first recorded violation by the Town Manager; and whereas the Town Manager has failed to execute the Commissions' order within a reasonable amount of time and by doing so has caused unnecessary embarrassment to descend on the Town; and whereas the Town requires a Manager who will follow direct orders of the Town Commission and keep the best interests of the Town paramount in all decisions, I move that the Town Commission immediately suspend the Town Town Commission Regular Minutes February 1 2011 Page 7 of 16 Manager with pay, for a period of five months. During the suspension, the Town Manager would be banned from all Town property, relinquish all use of Town equipment, supplies, Town personnel and services. Comm. Trinley seconded the motion. Mayor Newill - I am sorry Sir, you can only address the Commission at the beginning of the meeting or at the end of meeting. We have held fast to this procedure. It has been moved and seconded, any further discussion? Vice Mayor Zwick - I will speak louder so everyone can hear me now. I really have never spoken out to a great extent over any one of the issues that have come before this Town in all of the years that I have had this extreme honor and pleasure of sitting here on this dais as a Commissioner and as your Vice Mayor, or for the years that I spent in service on various committees. At this time I feel it is duty bound of me to speak out and let everybody know where I stand, rather than play the silent one again. I probably would have never come to this had I not been a recipient of phone calls immediately after the first workshop meeting when this item came up from out of town, non- residents eager for me to vote in their pleasure. Explaining why they thought this one was right and that one was wrong. As I explained to these people who called, I do not know their names, did not write them down, one of them was apart-time manager of a neazby Town, or had been. I did not get his name or anything. That is the only identification. Then I received phone calls from members of the community. Friends that I have had for twenty five years, also advising me what they think my vote should be. I appreciate their concern and interest for me in particulaz to protect myself. But, that is not my job. You did not vote for me or elect me to protect my job. You voted me to act as best I could, in the best interest of the Town of Highland Beach, and that is what I want to try to do. So my dear fellow Commissioners, and esteemed audience at lazge, it is with some trepidation that I am preparing this report to you. If you recall, several weeks ago our work was thrown into a case of extreme difficulty by the introduction of a problem regarding the dissemination of some apparent racist, sexist literature that had been distributed by a Town employee via the Town of Highland Beach's computer email program. By this act, the good name of Highland Beach was held up to ridicule. The frightening thought that I cannot overlook is that this type of immature humor could easily have been or might become the door way to vicious and irresponsible religious or ethnic hate mail hidden among the shameful hee haws that are in evidence. What could have our response have been in such a scenario? It may not and irresponsible religious or ethnic hate mail hidden among the shameful hee haws that axe in evidence. It may not have happened, but the possibility is to close to home to hide our heads in the sand. Primarily my shock was centered on the fact that I knew absolutely nothing about the subject and yet there was a strong indication that I might be alone on all of this dais in this matter, and perhaps had been deliberately left out of the loop for whatever reason. Yet not in the open, I deliberately kept my peace since speaking to the issue that I knew nothing about could be unfair and remiss in my duties. To my chagrin, I was pointedly urged to voice an opinion from the rather heated discussion. I realized I was right in my assumption that there had already been quite a bit of contact among others and that I had been deliberately left out. The reasons are strictly speculation, though they are not worthy of presentation. I could not bring myself to remain withdrawn and my reasoning ran as follows: The proposal was to order our Town Manager to rescind his legal recommendation for discipline as carefully outlined by our Town Attorney according to the orders of liability alluded to him in such a contingency. Where upon the affective party could have and should have been by rights entered an appeal. After which, and only then could a final judgment have been made. In spite of this very clear democratic process opened, Town Commission Regular Minutes February 1 2011 Page 8 of 16 the party in question chose to hire an attorney in preparation of a legal defense. A proposal was made by a Commissioner to overlook the allowable legal process. To overlook the offense and to order the Town Manager to accept a new judgment disregarding the protocol and accept the decision of the Town Commission to forgive and forget. A decision fostered only by a very brief discussion that had just ensued. As it turned out, I wrongly thought that we all as a Commission agreed even if some questioned the legality of the Code. A positive stance might restore a sense of order and stability and to protect the good name of the Town of Highland Beach. As I clearly stated when I cast my vote that was my hopeful expectation. To my chagrin, this vote unfortunately allowed certain individuals to rush to judgment and decide to use it as a wedge to unseat the Manager who had chosen to remain with his original proposal of being the correct democratic process. Now we are faced with a decision to harshly punish the Manager for his actions by allowing him, originally I had a four months suspension, but now it is five months, with pay followed by a notice not to renew his contract. We by law now would place into the position of Town Manager the very individual who was accused of the original breach of conduct that began this whole disrespectful debate. Further, I find it extremely uncomfortable to utilize the legal services of Buckingham Doolittle & Burroughs, LLC and Mr. Tom Sliney as Town Counsel when it appears that the events in question may have originated or at the very least been spread by a member of his firm. With the greatest of deep personal respect for Mr. Sliney and his law firm and associates, it would seem wise and prudent of them to recues themselves from this situation until their own position in the airing of racist, sexist jokes and remarks have been fully clarified and they themselves have been exonerated. The new important question is: Would they have given Dr. Sugerman the same legal advice had they known that a member of their own staff was involved in this email transmission? I must reiterate my embarrassment that this very unfortunate incident has marked the good name and the proud reputation of the Town of Highland Beach. I beg my fellow Commissioners that we not be drawn to the level of vituperators' interaction, I ask only that much clear thinking be applied to this issue and that we do all in our power to examine the prior proceedings in light of fairness and democratic reasoning. If the suspension of the Town Manager comes to a vote, I will move to table that motion at that time with all of the evidence supporting this decision was made known to the Town Commission and the entire Town of Highland Beach. Anything other than that will be tantamount to a trail with this Commission acting as a judge and jury. Each of us must remember when we took the oath of office as a Commissioner; we swore to uphold the laws of the Town of Highland Beach. We would be remiss in our duties as sworn Commissioners by not bringing clear and concise consideration to the very difficult questions. With the greatest respect that our Town Commission and our entire citizenry, I remain, Miriam Zwick, Vice Mayor. Comm. Pagliaro - I want you to know Vice Mayor, you are not alone. If you go back when this first came up, one of the questions I asked was that the event occurred on January 3ra. The Town Manager had sent a disciplinary directive to our Town Clerk stating that she would be suspended for one month without pay. I believe a ten day appeal process was to have begun. One of the comments that I made at that meeting - "what is the rush to move forward without waiting for the appeal process." I would ask Tom Sliney or the Mayor, has there been an outcome to this appeal? Has the appeal happened? Attorney Sliney -Yes, the Town Clerk through her attorney has filed an appeal. Comm. Pa 1~ iaro -Where is that appeal at this point in time? Attorne~Sliney - It is still pending. Comm. Pa lg iaro - It is still pending. So we as a Commission have an appeal pending, and we are about, from what my understanding is, to move to suspend out Town Manager. I have some questions, I would like to ask. We have a Code of Ordinances for the Town of Highland Beach. I Town Commission Regular Minutes February 1, 2011 Page 9 of 16 want to direct you to Section 3.01 -Town Manager. The affairs of the Town of Highland Beach shall be administered by a Town Manager. Section 3.03 -The Town Manager shall direct the administration of the Towns' Departments. Such Departments shall include and shall not necessarily be limited to the following or some combination or variations thereof: Clerk, Finance, Building, Police, etc. Section 4.01 -Town Manager -The Town Manager shall have all supervision over all Town affairs. Shall see that all of the ordinances are faithfully executed and shall have the power to suspend or discharge any administrative officer or employee of the Town with the exception of the Police Chief. I say again, my sense is that we over stepped our bounds as a Commission, it is my opinion precipitously, while we already had taken a vote. I think the Mayor mentioned it, that we generally felt at the time, that it was excessive. This Commission voted 5-0, to not suspend without pay, but to place a reprimand in her file, for a period of one-year, and if there were no additional circumstances that occurred that would be removed from her file. Then we received shortly thereafter, the Mayor submitted this as a suggestion. If we agree with this directive, recommended by the Mayor, we have ignored the many contributions Dr. Sugerman has made as Town Manager, and the intent of this directive is inconsistent with the many achievements that have significantly benefited our Town. Does the punishment fit the crime? Mayor Newill -Thank you Commissioner. Would any other Commissioner wish to make a statement? Comm. Sorrelli -There is a motion on the floor. Mayor Newill - I would like to make my statement if no one else wants to. The only thing that I would like to point out to the Commission, is there are a number of individuals throwing all this smoke in the air about emails. The emalls were addressed by Dr. Sugerman. That is a completely different venue than what we are in right now. That venue is out there, and Dr. Sugerman, the Town Clerk and a Hearing Officer will handle that. The jokes are just a lot of smoke. It does not belong in this venue. That is in its own venue and it has its due process. The venue here is that the Commission gave a direct order to the Town Manager which he has refused to do. To me, that is what we are here to decide on. The rest of this does not belong here. It has its own venue and that is where it should be settled. Any more comments? Comm. Pa liaro - May I ask the Town Attorney one? You have heard all of this and you have read some of the material. In your opinion, is the Town subject to any liability in terms if this proceeds forward? Attorney Sliney - I think you asked the same question at the last meeting, and I told you at that meeting, anybody can do what ever they wish. As far as I am concerned regarding the motion that has been presented by Commissioner Sorrelli, I think it is sustainable in the Town's position. I cannot forecast the future regarding what any individual may do. Mayor Newill - No more comments. Then we will have a roll call vote. Mana eg r Sugerman - May I offer a comment? Mayor Newill -Certainly. Mana er Su eg rman - I do not have any prepared remarks. I did not know exactly where the Town Commission was going to go, but obviously you are going to vote on the suspension. I am going to suggest a few things. Actually, I think a suspension is fine. And here is why. Let's have a cooling off period. There has been some really heated discussion. I think it has even led to anger. I think the anger is a little misguided. I might even be a little angry. I believe strongly in the Council/Manager form of government, which is our form of government. I understand the directive of the Commission from Town Commission Regular Minutes February 1, 2011 Page 10 of 16 the January 4~' meeting. I haven't refused to follow that directive, as the Mayor has suggested. Actually what I have done is taken no action. The reason why I have taken no action, in spite of the fact that the Mayor thinks the two items are separate and distinct, I think they are tied. I have taken no action because the employee is still within the appeal period. I want to respect due process on behalf of the employee. I want to respect our Town Charter and our Code. I think a number of folks are missing some of the true issues here. I think a cooling off period is fine. I appreciate that Commissioner Sorrelli is offering it with pay. Thank you. That is the gentleman thing to do. Actually, the Mayor offered it with pay initially, but Commissioner Sorrelli actually made the motion. I appreciate that extension of that offer. I won't fight the Commission on what you want to do. Suspending me with pay will be a good cooling off period. If individual members of the Commission, or the Commission collectively, or the Town Attorney in his office, want to look further into the determination that I made, and whether or not it was an appropriate determination, or a legal determination. You folks can use the next five months to do that. I will let you be. I do take a little exception to some of the language in the motion about banning me from the Town Hall grounds, banning me from use of equipment, banning me from interacting with personnel. I will take my suspension. I will not show up at Town Hall. I will turn in my blackberry; turn in my computer; turn in the Town credit card; turn in the keys. Although since you are going to suspend me with pay, part of my compensation is the use of a leased vehicle. So I will be using the leased vehicle during the suspension period. But everything else -the computer, keys, access to Town Hall, credit cards will be turned in. Then use the five months to figure out where you want to be, and I will do the same. That is all I have to comment. Thank you Mayor. Comm. Trinley - I would like to speak on behalf of the Clerk. Commissioner Pagliaro finished his remark by saying: "Does the punishment fit the crime?" I would ask the same questions of the supposed one month's suspension without pay for the Clerk? I also repeat my question, and the Town Manager has stated that there was an answer to it: "Why was nobody else's computer broken down?" Everybody else was doing fine with their computers, nobody did anything wrong with them only one computer was taken down. Why? Don't forget this lady is a MMC -Master Municipal Clerk. She did not originate these emails. She did not disseminate them to anyone in house. She received them and forwarded them out. So we ought to keep that in mind too. She never asked to receive them. I think her name has been sullied too, as a Master Municipal Clerk. Mayor Newill -Thank you Commissioner. Town Clerk I did call for a roll call vote. ROLL CALL: Commissioner Sorrelli - Yes Commissioner Trinley - Yes Commissioner Pagliaro - No Vice Mayor Zwick - No Mayor Newill - Yes Motion passed with a 3-2 vote. Town Manager Sugerman -Would you like me to leave now? Comm. Sorrelli -Not yet. I have another motion. Town Commission Regular Minutes February 1, 2011 Page 11 of 16 MOTION: I move that the Town Commission immediately send by registered mail, their intention not to extend for another year Mr. Sugerman's services as Town Manager under his current contract, ending June 30, 2011. Mayor Newill - Is there a second? Comm. Trinley -Could you read it again? Comm. Sorrelli - I move that the Town Commission immediately send by registered mail, their intention not to extend for another year Mr. Sugerman's services as Town Manager under his current contract, ending June 30, 2011. Comm. Trinlev - In that regard, I favor what the Town Manager said -let's give it some time to cool off before we make such a move. Mayor Newill -Apparently we do not have a second. We are not tabling it, but it could come up in a future meeting. At this time I will call a fifteen minute recess. Recess at 2:20 P.M. Mayor Newill -Called the meeting back to order at 2:35 PM. Mr. Sugerman did not return to the meeting. B) Appointment for two (2) three-year terms on the Beaches & Shores Advisory Board Elizabeth Andrews - 3720 S. Ocean Blvd. Ira Oaklander - 1000 Russell Drive Alexis Pinken - 3720 S. Ocean Blvd. Town Clerk Brown stated that we had three Talent Bank applications for two positions on the Beaches & Shores Advisory Board. Ballots were distributed and the Town Commission was asked to sign them having completion as they are a public record. Elizabeth Andrews and Ira Oaklander received the highest number of votes, and would be appointed to the Beaches and Shores Advisory Board. C) Appointment for one (1) two-year unexpired term on the Planning Board Nancy Beaumont - 3015 S. Ocean Blvd. Stephen Golding - 1101 B Highland Beach Drive Town Clerk Brown stated that we had two Talent Bank applications for one position on the Planning Board. Ballots were distributed and the Town Commission was asked to sign them having completion as they are a public record. Stephen Golding received the highest number of votes and would be appointed to the Planning Board. D) Re-appointment for athree-year term on the Board of Adjustment and Appeals Joseph Colby - 3210 S. Ocean Blvd. Town Clerk Brown stated that this is a re-appointment to the Board of Adjustment and Appeals. Town Commission Regular Minutes February 1 2011 Pale 12 of 16 Mr. Colby has stated that he is interested in being re-appointed. MOTION: Comm. Pa lg~iaro moved to re-appoint Joseph Colby to a three-year term on the Board of Adjustment and Appeals. Comm. Trinley seconded the motion. ROLL CALL: Comm. Pagliaro - Yes Comm. Trinley - Yes Comm. Sorrelli - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. 8. REPORTS -TOWN COMMISSION A) Commissioner John Pagliaro - No Report. B) Commissioner John Sorrelli - No Report. C} Commissioner Doris M. Trinley No Report. D) Vice Mayor Miriam S. Zwick - No Report. E) Mayor Jim Newill, CPA - The only thing that I would like to bring up to the Commission is the fact that with the suspension of the Town Manager, do you want to go forward with nobody in that position? Or, do you want to hire a temporary person in that position? Or, would you prefer since things have been a little heated that we have a special meeting later in the month to discuss that? Vice Manor Zwick - I would think that without further ado, there is an organization through the League of Cities that will allow you to discuss and meet available Town Managers. Most of them are retired individuals who are available for specific periods of time. I think, since we are still in that appeal period, it would be unwise and unfair of us to follow our normal procedure which would be that Mrs. Brown would ordinarily take over. Because of the appeal period situation, and we do not know what will become of it, I think we would be much wiser of getting an outside manager and doing it immediately. I don't think we need any time to think about it. There are only two choices -yes or no. Mayor Newill - I would assume, and I will refer to the Town Attorney, that is the suggestion is made that would be the decision of the Commission. Until that person is found, our Code says that the Town Clerk is the Acting Town Manager in his absence. Attorney Sliney - I agree with the remarks of both the Vice Mayor and I also agree with your remarks. We should under the circumstances hire a retired town manager in the interim. Manor Newill - I looked a little bit into it. What these individuals are called are Range Riders. They come under Florida League of Cities and County Managers Association. There is a list and I have a copy of that list. Because of my being a member of the Palm Beach League of Cities Board of Directors, two of those Directors have already sent me three names and resumes of individuals. Two of which are employed, so I assume that we will throw those out. The other one has been a Town Manager and an Assistant Town Manager in a number of Town Commission Regular Minutes February 1, 2011 Page 13 of 16 places and is currently unemployed due to the City she was with had a budget problem and eliminated her position. So I do not know if the Commission wants to consider this individual or do you want us to get a list from the Range Riders? How are we going to do it? Who is going to do it? I think that is what we have to do first. Comm. Trinley - Do you want to speak to the special meeting? Isn't that what it says in Sec. 4.02 of the Charter? Mavor Newill -Let me read that section: The Mayor shall have the authority to suspend the Town Manager and shall report his or her action in writing with the reason therefore and promptly call a special meeting to the next regular or special meeting of the Commission for its approval or disapproval. Until action is taken by the Town Commission, the Town Clerk shall act as interim Manager. We haven't terminated him, only suspended him. Attorney Sliney - I think a special meeting is in order. Mayor Newill -Any suggestions for a special meeting? Vice Mayor Zwick - As quickly as possible. Mavor Newill - A special meeting on Friday, February 4~' at 9:30 AM. Everybody seems to be in agreement with that time and date. Town Clerk Brown -Would it be pending to be sure you can get this person to come in for an interview? Mavor Newill -Have no idea if the Commission wants to even call this person in. There has been no contact with this person. One member of the Board of Directors of Palm Beach League of Cities forwarded the resume to me. I have not talked to the individual. The other two people are employed elsewhere, they will not want to come and take a temporary job and give up a full-time position. Vice Mavor Zwick - May I make a suggestion. If you have time between now and Friday, contact Jamie Titcomb from the Palm Beach League and ask him if he has any names to suggest. Mayor Newill - I talked to Jamie at the Board meeting and he gave me the agency that had these names and the resume of the individual that appears on the list. Comm. Sorrelli -Why are we rushing? The Town Clerk can do this work. Let us think it over and get someone to help out with it. We have talent in the Town. Mavor Newill -That is what we are here to decide. Comm. Trinlev -What are we going to discuss on 9:30 Friday morning? Vice Mavor Zwick - If there is nobody there for us to consider or to interview, the meeting would not be valid. We would be discussing the same thing over and over between ourselves. Mayor Newill -Let me ask you this. Do you want me, or myself and the Town Attorney, or somebody else to go out and get as many names as possible? Comm. Trinley -I think you and the Town Attorney. Comm. Sorrelli -Right now you are talking five months. Do you think we can get someone in here for five months? Mavor Newill - I do not know. Until we try we are not going to know that. Vice Mayor Zwick - We must make the effort. As difficult as it may seem, it behooves us, in the best interest of the Town to make the effort. Concentrate on getting a professional Manager in here as fast as possible, that is what these people are with the Range Riders. They know they are filling in and do not expect to get a permanent job. They are not applying as a full time manager, they are an agency that sends out part-timers. That is what these men and women are doing. Mayor Newill - These individuals are not only retired individuals, but current individuals who do not have a job because of budget cuts. Especially Assistant Managers, as they are the first staff to go. Vice Mavor Zwick - Some might turn out better that ever expected. That is our first call of duty. Mayor Newill -I agree. It is just who is going to do this? Comm. Trinley - I suggest you and the Town Attorney. Mavor Newill -Any objections? Vice Mavor Zwick - No objections. Mayor Newill - I am willing to do it, Town Attorney -are you? Reply -Yes. Mayor Newill - The Town Attorney and I will undertake this. Let's leave it that you will give us the opportunity to go out and recruit some resumes. Then we will call a special meeting and you all can look at the resumes. If there is one or two individuals there that you feel you would be interested in, we Town Commission Regular Minutes February 1 2011 Page 14 of 16 will bring them in. Comm. Sorrelli -The Friday meeting is off? Mayor Newill -Yes, it is off. Vice Mavor Zwick - I think that is probably the best way to go right now. 9. REPORTS -TOWN ATTORNEY No Report. 10. REPORTS -TOWN MANAGER No Report 11. CONSENT AGENDA Mavor Newill asked if any item needed to be removed from the Consent Agenda. MOTION: Vice Mavor Zwick moved to accept the Consent Agenda as presented; seconded by Comm. Sorrelli. Voice vote with all in favor. A) Minutes January 4, 2011 -Regular Meeting 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Bernard Featherman - 3210 S. Ocean Blvd.; Villa Costa I was a snowbird for many years and a resident here for the last two. I commend all of you for the public service you give. However, recent situations at our past Council meetings (and you have noted them today) bring up two personnel accounts and actions that were publicly discussed. That was potentially awkward and embarrassing to both candidates and individuals. As a businessman and manager, I have always believed that these issues are best dealt with confidentiality, until they must come to public attention, because they can't be privately resolved. Some Council members were angry that the Town Clerk was being suspended for an infraction. They said that the Town Manager should have placed with a note of concern in her file instead. Then the Mayor proposed that the Town Manager be suspended for four months with pay and that his contract not be renewed. It is unusually severe punishment, to suspend or fire a man, and damage his career, because of a personnel disagreement. Also, this would be costly to our Town. We would be left without the services of a Town Manager for four months, while we paid for these services (now I see it is five months). The Mayor, in effect, wants to punish the Town Manager with a four month paid vacation, which has now been extended to five months. I can not understand why the discipline you thought was appropriate for the Town Clerk would not also be appropriate for the Town Manager. Why not place a letter of concern in his file and not lose the four months position for our Town? I am not taking sides in this matter. Instead, I am siding with the people of Highland Beach, who should not have to see town money wasted. The proposed actions seem way out of bounds for good government practice. The Council and the Town Manager should come to a workable agreement on this issue and do this with Town Commission Regular Minutes Februarv 1, 2011 Page 15 of 16 minimum disruption to the good management of Highland Beach. That would be a reasonable thing to do and most practical. Many of you have spoken about the feelings of the Town Clerk. Those were important, and warrant real consideration, but what about the consideration not offered to the other employee? There should be one standard of governing in Highland Beach, not two! Do the right thing and be fair. Give the Town back to the people. Keep our town management efficient, effective and in the hands of our citizens. Former Mayor Harold Ha eg 1~- Boca Highlands I want to thank the Commission for taking the action that it took today. But I think that in our statutes it calls for when the Town Manager is relieved of his duties, as he has been, stated in Commissioner Sorrelli's motion that he returns all Town property. Town property would include the car. Now the Town Manager said that he would like to keep his car. This is not a vacation. This is a suspension. It is disappointing to me that we did not go further with it and tell the Town Manager as was proposed in the Mayor's motion that he not be allowed to come back, and that is the action we should have stayed with. As far as department property, I do not think that it is right for the Town Manager to use our equipment while he is on suspension. These things just do not figure together. When things have happened the way they have, we will never tolerate insubordination; and we had that from the word "Go". Let us say to that - If you are insubordinate to this board, you are out that is the way our laws are written. Nobody is above the law -nobody at all. Let us stay with that. I am proud of our Town. I support our organization right here, but let us stay with the way the law is written. Alan Teller - 4210 S. Ocean Blvd. I was embarrassed last week at the meeting. I cannot believe that I heard four commissioners (excluding the Mayor) state that they absolutely had no knowledge of the facts involved in this case with the Town Manager and the Town Clerk. Then in the next breathe go on to make a motion regarding that situation. How can you possibly make a motion on such an important thing right after you admit, in public, that that you have no information regarding the facts of the case? Embarrassing! Commissioner Trinlev - We were aware of some of the facts of the case. Thank you for your remarks but the four of us were not unaware. Mr. Teller -But you stated that. It is in the minutes; you absolutely stated that. The first remark by Commissioner Sorrelli was "I just heard of this. I don't know about it. Why don't I know about this?". Commissioner Sorrelli -That is not so. Do not put words in my mouth. This is the gentleman that said it, not me. Take the tape out and show me the tape. Mr. Teller -Were you familiar with the facts? Commissioner Sorrelli - So was everybody else. Mr. Teller - He absolutely did say that look at the television. It does not matter. It was embarrassing where you pick and pick and pick at every issue that comes up, rightfully. Something as important as this, you decided to pass a motion when you had no idea of the facts of the case. I do not know about the case. I have no opinion. But I was embarrassed that the only one who knew the facts was the Mayor, and he had it because the Town Manager told him that he formed a suspension. No one else knew about it until they walked into this room or shortly before that, by your own admission. Then to proceed to make a motion regarding this it is unbelievable. After all these years, where you look into every issue so carefully rightfully, you take something as important as this, and I think it was done on pure emotion Town Commission Regular Minutes Februarv 1, 2011 Page 16 of 16 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• APPROVED: Jim Ne 'll, CPA, Mayor ~~ Miri S. Zwi~ w , U~eiMayor Doris M. Trinley, Commissio er ATTES ~+ ~~/ everly M rown, MMC Date