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2011.02.15_TC_Minutes_Special TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING SPECIAL MEETING Tuesday, February 15, 2011 1:30 P.M. Mayor Jim Newill, CPA called the Special Meeting to order in Commission Chambers at 1:30 P.M. CALL TO ORDER: Roll Call: Members present: Mayor Jim Newill, CPA; Vice Mayor Miriam S. Zwick; Commissioner Doris M. Trinley; and Commissioner John J. Sorrelli. Member absent: Commissioner John J. Pagliaro. Also present: Town Attorney Tom Sliney; Town Clerk/Acting Town Manager Beverly M. Brown; Deputy Town Clerk Valerie Oakes; Library Director Maria Suarez; 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 Deputy Town Clerk. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Agenda accepted as submitted. 2. PUBLIC COMMENTS AND REQUESTS Joseph Asselta — Casaurina I would like to a comment on what I heard last week regarding our boards, and why they are no longer in affect. I think it is important that before you comment on something, the facts should be known and I think I was in the position to know the facts. Particularly since, I was the one that brought up the motion to disband the Financial Advisory Board. The history behind that was that at an earlier meeting the Chairman had asked for something to do. I gave them three items: 1) rationalize the water rates, 2) look at a 5 year /10 year plan, and 3) I do not remember. The answer that came back to all three items was to hire an expert/consultant. So I brought the motion to disband, and the vote was unanimous that we did not need the Finance Board, but it was not this Commission that did that. The other one was the Cultural Advisory Board. Again, I probably had more to do with creating the Cultural Board than anybody else, and the idea of how we wanted it to work was working Town Commission Special Minutes February 15, 2011 Page 2 of 9 until this past year. The Chairperson had personal problems and could not attend meetings. The Board was floating about without anything to do. In the interim, the Town Manager authorized the Cultural Advisory Board to solicit funds on Town stationary, which competed with the Friends of the Library, and I felt that the Library was more important than the Town Cultural Board, who only had 20 -30 people attending their events. The Cultural Board, in effect, took itself out of commission. Nobody came to meetings. There was no Chairperson, there was nothing and it just disappeared. That had nothing to do with this Commission either. Now we go to the Code Enforcement Board. Again, I was involved in a lot of events that were quite controversial. We had the water rate problem. There was a difference in the cost between people who had homes and those who had condos; and those who were on the water and those that had views of the canals. We had set valuations for the four quads that were grandfathered in because they existed but the area was recently rezoned to one family. A developer wanted to make very expensive townhouses — three townhouses in place of the four apartment quad. We felt we weren't going to get income. It would never sell. The townhouses did produce a fair income. Then there is the issue of favoritism. In a lot of events, it was townspeople against townspeople, and that was not right. This Board did the right thing, I believe, in bringing in a Special Magistrate - somebody who is not a part of the Town and who will not contribute in the dissention in the Town. It was with great distress that I read today's newspaper, and it is there again. It is probably because people do not know what happened, or what has been happening. This was no surprise to me and the people who knew the history of Dale Sugerman. You can look up his history at the Town of Sunrise, and at Boynton Beach he caused the Town a lot of money due to fines with the actions taken there. He could not get contracts with the Police Department; he had vendettas everywhere. Here in this town, the same thing, there was the water department person, the Public Works, the buildings, the Police Department — false charges against the Police Chief and the police patrolmen. This was all unnecessary, but was typical framework of this man and what he had done in his other positions. I do know, for a fact, that the prior Mayor would have fired him, I think, if he could, because I heard how angry the two use to get. He can speak to it himself, if he wishes. This dissention is not unusual, its happened. This time Beverly was put in the barrel. Harold Hagelman — Boca Highlands What our former Vice Mayor has said is absolutely correct in saying what he did. I had my differences with the Town Manager from the day he started. We never saw eye -to -eye. Yes, I was looking forward to getting rid of him when I first became Mayor. I look back now on things that have taken place, and I see in our agenda today under New Business that we are looking for an interim town manager. We are living in a condition in the whole United States, in the whole world today that money is so tight. I thought to myself — what in the world are we doing here? We are looking for someone to fill a position when we have the Town Clerk, who is sitting here, according to our statues that she will come into the position of Acting Town Manager in the absence of the Town Manager. Are we ludicrous in looking for someone to spend our money, who doesn't know where first base it whether it is a he or she or whatever. They may have great credentials, but they do not know the Town like the current Town Clerk knows it, who is Acting Town Manager. I would suggest to the Commission that they look into this. Lets not waste our money. The people of Highland Beach depend on us to take care of the funding. Again, it is ludicrous to spend our money so Town Commission Special Minutes February 15, 2011 Page 3 of 9 foolishly when we have someone here who is capable. You say we can get someone in here to train; we do not need that. We have the most trained person sitting right here before us. Please consider this. Allan Teller — 4210 S. Ocean Blvd. It is obvious that a lot of folks in the Town do not like the Town Manager. We had postponed a number of capital improvements; we passed rules that there would no increases for employees. What we have done here is attempted to punish a Town Manager that nobody liked. I want to remind the Commission that you guys hired him you had his resume. Mayor Newill — Excuse me. There is only one sitting Commissioner here that hired him. The other four were not on the Commission that hired him. Mr. Teller — Okay, I appreciate that. You are right there is only one member. When I said you guys, I meant that the Town Commission hired him; you inherited him. When you ran for office, you knew who the Town Manager was. The fact in that the Town is now punishing the Town Manager by awarding him $90,000.00 of taxpayers' money, and we are getting nothing in return. I think you should have shopped around a little bit. I am perfectly capable of doing absolutely nothing for this Town for the next five- months, and I would have done it for $40,000.00. Mayor Newill addressed two corrections. 1) The current Acting Town Manager did not apply for the interim town manager position. 2) Though it has been published that we appointed the Town Clerk as Acting Town Manager that is incorrect. She was not appointed; it is in the Charter. The Charter is very specific, and we have no say. It is automatic that the Town Clerk steps in as Acting Town Manager when the Town Manager is not here. 3. NEW BUSINESS: A) Interim Town Manager Applications Mayor Newill explained that this Special Meeting is a result of a charge by the Town Commission. At the February 1 Town Commission meeting, directing the Town Attorney and myself to search for an interim town manager. It was the direct charge of Vice Mayor Zwick and Commissioner Pagliaro that they did not want the Town Clerk, Beverly Brown, to serve as the interim Town Manager one second more than necessary. With this said, the Town Attorney and I immediately started working on the project. We received seven resumes; eliminating three as not having the experience required. We interview the other four and have submitted the resumes to the Commission for review. During the interview process, we utilized four Town Department Heads to give a 45 minute tour to the applicants and to interact with them. At the close of day, we all met and exchanged experiences. Finally, the Commission must decide if they wish to interview the four applicants, or expect the recommendation of the Town Attorney and mine. I would like to hear from the Commission. Commissioner Trinley — Does this mean that you and the Town Attorney have already decided on one of these applicants? Mayor Newill — No. We interviewed all four. We feel extremely strong about one individual that we feel meets all of the requirements and the personality that is the perfect fit for this Town. I have substantiated that with several of their Town Commission Special Minutes February 15, 2011 Page 4 of 9 former employers because I know them personally. In talking to other Mayors and people in the County of Palm Beach that knows this individual, felt that the individual would be a perfect match. It is not up to us to make that final decision. We feel strongly. If the Commission wants to bring those four people back and talk to them individually, then have another special meeting that is fine. We did what you asked us to do. Tom and I put our lives on hold, dwelled into this, and spent a lot of time on this and came up with this. It is up to you whether you want to take the recommendation or you want to interview the four individually yourselves. Comm. Sorrelli — I will take a recommendation instead of interviewing all over again. If you and the Attorney are please with what you have, I am willing to go along with that rather than interviewing them all over again. Comm. Trinley — I agree with Commissioner Sorrelli's remarks. Vice Mayor Zwick — Does this mean that hiring this interim manager closes the search for a permanent manager? You may hire him on the approval of your choice, but are we still going to have a normal search for a permanent town manager? Mayor Newill — Unless the Commission, after the time that the interim town manager is here, feels so strongly that this is the person for Highland Beach, then we could negotiate a permanent contract with that person. If the Commission does not, then we would do a full- fledged search. I will tell you this — the individual that the Town Attorney and I are recommending, told me that they felt strongly and would hope that the Commission would not stop with this appointment and the Commission would do their search because they only want to spend as much time here as the Commission wants them. Comm. Trinley — There is only one resume that I looked through that does not include references of any kind. Did you check references on all these people? Mayor Newill — We have not checked reference on all of these people for the simple reason that we did not want to do it until the Commission told us either they want to interview or they want to take our recommendation. At that point in time, we would check the references, credit check, background check, and the full nine yards of verification. If you are referring to the individual that is in your hand, I have talked to their former bosses and to a number of other Mayors and people because their career has been so much in Palm Beach County. The other ones we have a list on all of them; one is quite extensive. We can do references, but until you say it is the individual you want, it is hard to spend the time and effort to contact these people. Personally, I think what they have given you is enough information for you to make a decision whether you like them or not and you need that personal interaction, I do not have a problem with that, but it is cumbersome and long process. We are at the mercy of the Commission. Comm. Trinley — The other thing that I noticed about this individual is that they do not have a lot staying power. There is a lot of one -year and two -year stance in various municipalities. Mayor Newill — I can give you the reasons why. First the Commission needs to decide, do you want to talk to all four of these people, or do you want to go with the recommendation? If you want to go with the recommendation, then give us the questions you have. Town Commission Special Minutes February 15, 2011 Page 5 of 9 Comm. Trinley — I agree with Commissioner Sorrelli that you and the Town Manager were good enough to give of your time and effort to interview all of these people and research their resumes. I would say to go with your recommendation. Town Clerk/Acting Town Manager Brown — Commissioner Pagliaro, is out of the country on vacation, asked that I would express his thoughts. He would like to follow the process we have done previous and have all the Commissioners interview the four candidates some time next month. Did not believe there was any need to hurry through this process. He will be out of the country until the 28 Mayor Newill — Town Attorney I think that at this time we need a motion. Town Attorney Sliney — I agree. I think it would be helpful if you mention the name of the individual you are recommending. Mayor Newill — The candidate that is being recommended is Kathleen Dailey Weiser. She is currently unemployed. She was the Assistant City Manager at Punta Gorda. They had budget cuts and her position was eliminated. She has been Assistant Manager in several other towns. She has been Manager is several other communities. Two here in Palm Beach County and the other in Oakland Park, which is south from here. She has been with Venice and Kissimmee. I spoke with Mayor Ken Kaleel of Ocean Ridge; he had nothing but glowing things to say about her. He was very explicit me. She was there for two years and she had a problem eventually with one commissioner, so she decided to move on. MOTION: Commissioner Sorrelli moved to leave it up to the Mayor and the Town Attorney to select our new manager; seconded by Commissioner Trinley. Discussion: None. Roll Call Vote: Commissioner Sorrelli - Yes Commissioner Trinley - Yes Vice Mayor Zwick - No Mayor Newill - Yes Motion passed with a 3 -1 vote. Mayor Newill — The Town Commission has empowered us to make an offer to Kathleen Dailey Weiser to be an interim manager for roughly four- months and 12 days. We will do it as a sub - contractor not as an employee. She is not entitled to any hospitalization, pensions or anything else. It is strictly on a per diem. The Town Attorney and I would like to offer Mrs. Weiser a salary of $6,000.00 a month, which comes below the minimum grade. We also believe she should be given an auto mileage allowance for the use of her vehicle for Town business. Both the Town Manager and Police Chief have a set fee. Town Commission Special Minutes February 15, 2011 Page 6 of 9 Town Attorney Sliney — We thought that an Independent Contractor Agreement was the most appropriate for this relatively short period of time not getting into an employer - employee situation. It would be a set salary plus a car allowance. Comm. Sorrelli — I agree with that. MOTION: Commissioner Trinley moved to offer Kathleen Weiser $6,000.00 a month plus automobile mileage allowance; seconded by Commissioner Sorrelli. Discussion: None. Roll Call Vote: Commissioner Trinley - Yes Commissioner Sorrelli - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 4 -0 vote. Comm. Trinley — Where is she living now? Mayor Newill — She is living in Punta Gorda. She is selling her home. Mrs. Weiser just got married this past June. Her husband is working in Illinois, and wants to relocate to Florida once they have a permanent location and job. Seeing that the Commission has given the Town Attorney and I direction, we will follow forward and make an offer to her. I would hope that you would give us some lead way if the dollar amount is not acceptable to her. Do you want us to come back to a special meeting? Can you give some direction? Comm. Sorrelli — I do not think we need a special meeting. We are not kids here. Make a deal with her! Comm. Trinley — There is nothing involved with her moving expenses? Mayor Newill — No. Town Attorney Sliney — That is the difference between being an interim and a permanent. If it were permanent, we would talk moving expenses. Comm. Trinley - $6,000.00 is fair. Mayor Newill — Commissioners, keep in the top of your mind to oing forward with a full search of a Manager and hopefully we do not put it off to June 30m. Somewhere today and June 30 half way in between, we need to look for an interim town manager or if we like the interim manager. Look for this to be on the agenda in the near future. 4. MISCELLANEOUS — ITEMS LEFT OVER: A) Town Manager's Contract Option MOTION: Commissioner Sorrelli moved that the Town Commission immediately send by registered mail, their intentions not to extend for another year Mr. Sugerman's service as Town Manager under his current contract, ending on June 30, 2011; seconded by Commissioner Trinley. Town Commission Special Minutes February 15, 2011 Page 7 of 9 Discussion: None. Roll Call Vote: Commissioner Sorrelli - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 4 -0 vote. B) Town Manager's Vehicle Mayor Newill — Several Commissioners wanted this on the agenda, so I will turn this over to the Town Attorney. Town Attorney Sliney — I looked at the lease and the contract we have with Mr. Sugerman. Basically, the contract we have now, Section 5 (of the current contract), provide the lease terms. It says that the leased vehicle shall be selected by the employee and may be used for both business and personal use up to a total of 12, 000 miles per year. I also looked at the contract signed with Nissan, which is in both his name and the Town; this is a co- leases. My feeling, due to the circumstances, of the fact that it is in both names I would leave the car issue as it is as part of the contract we have with him at the present time. At this time, it would be in the Town's best interest. Comm. Sorrelli — I am not happy with it, but if that is what you say I'll go along with it. Comm. Trinley — Why do you think it is a co -lease when the vehicle belongs to the Town? Town Attorney Sliney — He signed it individually and he signed it on behalf of the Town. The contract says that the employee will lease. Comm. Trinley — Should he have signed it, or should it have been signed by someone in Finance? Town Attorney Sliney — On behalf of the Town, it is okay for him to sign it as far as I am concerned. Comm. Sorrelli — Does that include insurance for the car? Town Attorney Sliney — The insurance is paid by the Town. We need to leave this in affect until the balance of his contract. Mayor Newill — I agree that we leave it alone until the end of the contract. Then the Town of Highland will take possession of the vehicle. Town Attorney Sliney — Yes, any adjustments that need to be made pursuant to the contract can be done by the Finance Department. Comm. Sorrelli — The appeal is finished and dropped, right? Town Attorney Sliney — No, the appeal is still current. The Town Commission will appoint a hearing officer sometime in the future. Comm. Sorrelli — Can you explain more? Something does not seem right. Town Attorney Sliney — The appeal action is separate from any action that you took today. I do not want to get into it to much. The next step under the Code is for the Town Commission to appoint a hearing officer to review the file. Mayor Newill — I have asked the Town Attorney Town Commission Special Minutes February 15, 2011 Page 8 of 9 to look for somebody who is independent and not residing within the city limits. Comm. Trinley — What about the lady that is Special Magistrate for the Code Enforcement? We already know her and interviewed her. Mayor Newill — I brought up that question. She was hired by the Town Manager. She was actually hired by the Town Commission but the Town Manager did the search. Comm. Sorrelli — I would rather get a complete stranger; someone we do not know or associated with the Town. Mayor Newill — Our last action in this is to appoint that person. We do not have any seats at that hearing. The Commission is out of it. Comm. Trinley — Do we need a motion on the vehicle? Town Attorney Sliney — I do not think we do. I believe the discussion serves its purpose unless you want to say you are following my recommendation. MOTION: Commissioner Trinley moved to follow the Town Attorney's recommendation regarding the Town Manager's vehicle; seconded by Commissioner Sorrelli. Discussion: None. Roll Call Vote: Commissioner Trinley - Yes Commissioner Sorrelli - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 4 -0 vote. 5. REPORTS — TOWN COMMISSION: A) Commissioner John Pagliaro — Absent. 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 — No report. 6. REPORTS — TOWN ATTORNEY: No report. 7. REPORTS — ACTING TOWN MANAGER: No report. 8. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING None. Town Commission Special Minutes February 15, 2011 Page 9 of 9 9. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Special Meeting at 2:10 PM upon a MOTION by Commissioner Sorrelli; seconded by Commissioner Trinley. APPROVE: --" 4cliaii-eif Jim Newill, CPA, Mayor Miri <--r)4 S. Zwick, V yor i t 6-4,1-2- - hi Do M. Trinley, Commissioner Cct- /'K/ John J. Sorrelli, Commissioner Absent John J. Pagliaro, Commissioner ATTEST. /d • c 4 . OA I r- - , Beverly M. rown, MMC, Town Clerk Date: oP(//