2011.02.22_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION
WORKSHOP MEETING
Tuesday, February 22, 2011 1:30 PM
Mayor Jim Newill, CPA, called the Workshop Meeting to order in Commission Chambers at 1:30
PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Jim Newill, CPA; Vice Mayor Miriam S. Zwick;
Commissioner Doris M. Trinley; and Commissioner John J. Sorrelli. Commissioner John J.
Pagliaro was absent. Also present: Town Attorney Tom Sliney; Interim Town Manager Kathleen
D. Weiser; Town Clerk Beverly M. Brown; Assistant to the Town Manager Zoie Burgess; Deputy
Finance Director Cale Curtis, 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.
Mayor Newill introduced Kathleen Dailey Weiser, the Interim Town Manager. Mrs. Weiser
previously was employed by the City of Punta Gorda as the Assistant Manager from 2005 -2010;
Assistant City Manager in Oakland Park from 2004 -2005, and the Town Manager in Ocean Ridge
from 2002 -2004. She received both her Bachelor's Degree in Interpersonal & Public
Communication and her Master of Arts Degree in Public Administration from Bowling Green
State University. Welcome.
2. PUBLIC COMMENTS AND REQUESTS
Harold Hagelmann — 4748 S. Ocean Blvd.
Once the County did the work on Milani Park, the residents in the south end of Town were told
that they would also get some Royal Palm trees planted. There is only a small area where trees can
be planted in that area due to the strong winds and the salt air. I would like the Commission to
Town Commission Workshop Minutes
February 22, 2011 Page 2 of 6
consider planting about eight Royal Palms between the walking path and the split rail fence.
Asking the Commission to put it on the consent agenda for further discussion.
Mayor Newill — I will bring it up under my report.
Bernard Featherman — Villa Costa
Volunteerism and public service run deep in our community. We have concerns about our
volunteer boards being shut down and replaced with a Special Magistrate. Our community has
smart intelligent people who will be glad to volunteer, instead of using paid outsiders. The matter
of the Town Clerk and the emails sent from her Town Hall computer. It seems questionable why
the Town Manager was suspended for five months with pay for approximately $75,000.00 and not
the Town Clerk for one month without pay. A week ago a vote was taken not to renew the
Manager's contract and a replacement was made. When is the appeal of the Town Clerk going to
be heard? Will we hear the outcome? The vast majority of us voted to extend the counties ethics
law. To date it has not been enacted. Is Highland Beach promoting this law and having it become
effective immediately? The county law will include violations of the Sunshine Law. Was the
Town Manager issue discussed privately? If so, would that violate the Sunshine Law? Why has
the Mayor not responded to the Vice Mayor's concerns expressed on February 15
Leonard Bell - Villa Magna
I was hoping the other Commissioner was going to be here today, as I wanted to share some things
with him. I wasn't going to say a lot of things, but I changed my mind. The three of you voted the
way you did in the issue of our Town Manager. Good for you. As you give interviews, and I have
not been around for a few years, I hope that you would give the facts to the press about the Town
Managers' leave of absence. He changed dramatically from when we hired him. He went from
being the Town Manager of our Town working for us, to the impression he gave to everyone,
including myself that we worked for him. I would make certain that the facts of the lack of his
common sense, as when he rewrote his own contract and threatened to leave Town, and would
hold you hostage to get his pay. I think that was an act of deliberate embarrassment to the elected
officials of our Town. I told him that in a public meeting. So, there are many facts that should be
aired about him so that our community will really understand how he changed during the course of
his tenure here. And I am sorry that I am talking to a blank chair, because I was going to quote for
the missing Commissioner a Will Rogers saying: "Good judgment comes from experience, and a
lot of that comes from bad judgment." I would say to the missing Commissioner that his quote in
the paper saying that the best thing that ever happened to our Town was Dale Sugerman. If he was
sitting there, I would ask him to look over his right shoulder and take a look at that wall, because I
would ask him to reflect on his comment. Maybe he would say the best thing that ever happened
to our Town are all those folks who showed up to give of themselves to our Town. Plus all their
friends that showed up and gave of themselves. I would say the best thing in Town is for us to pay
attention to the people that have showed up for many years. I would leave the podium and say to
the missing Commissioner, we should pay attention to the people that have showed up — meeting
after meeting, year after year, to learn about our Town and the personalities in our Town. Pay
attention to who they are. When they show up to make a statement, pay attention to them, rather
than to somebody that no one knows in our Town.
Town Commission Workshop Minutes
February 22, 2011 Page 3 of 6
3. PRESENTATIONS
A) None
4. BOARDS AND COMMITTEES
A) Board Correspondence:
• None
B) Board Action Report:
• None
C) Board Vacancies:
• Planning Board — One unexpired two -year term
• Planning Board — One full term
Talent Bank Applicant
Nancy Beaumont — 3015 S. Ocean Blvd.
Ms. Beaumont was interviewed at last month's meeting for a different position on the
Planning Board, along with another candidate, but was not selected at that time.
Consensus was to include appointment on the March 1, 2011 Consent Agenda.
D) Monthly Board Meetings
• Special Magistrate — March 3rd — Cancelled
• Beaches & Shores Advisory — March 8th — Regular - 9:30 AM
• Planning Board — March 9th — Regular — 9:30 AM
• Bd. of Adjustment — March 15th - Regular - 9:30 AM
5. PROPOSED ORDINANCES AND RESOLUTIONS
A) RESOLUTION NO. 11 -002 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
APPOINTING PALM BEACH COUNTY SUPERVISOR OF ELECTIONS
SUSAN BUCHER AND ONE HIGHLAND BEACH REPRESENTATIVE
TO THE TOWNS' CANVASSING BOARD AND AUTHORIZING
SUSAN BUCHER AND ONE HIGHLAND BEACH REPRESENTATIVE TO
REPRESENT THE TOWNS' CANVASSING BOARD FOR THE GENERAL
MUNICIPAL ELECTION OF MARCH 8, 2011.
Town Clerk Brown —On February 1 2011, the Town Commission adopted Resolution No. 11-
001 R appointing Susan Bucher and one Palm Beach County Commissioner to act as the
Town's Canvassing Board. On February 11 2011, I received correspondence from Susan
Bucher that due to several municipalities questioning the legality of this, the option of having a
Palm Beach County Commissioner on the Town's Canvassing Board, this option was no
longer available. The Town is now required to appoint a representative of their own to the
Town's Canvassing Board.
Town Commission Workshop Minutes
February 22, 2011 Page 4 of 6
Vice Mayor Zwick asked if this could go on the Consent Agenda. Town Attorney Sliney said
it is necessary for the Town to appoint a representative to the Canvassing Board.
B) RESOLUTION NO. 11 -003 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
DECLARING THE ELECTION FOR ONE (1) COMMISSION SEAT TO HAVE
BEEN HELD ON THE 8 DAY OF MARCH, 2011 TO BE UNNECESSARY
SINCE THE ONLY CANDIDATE WHO QUALIFIED WAS UNOPPOSED.
Town Clerk Brown — Since only one candidate qualified for the Commission vacancy, it was
not necessary to include this position on the ballot.
Consensus was to include Resolution No. 11 -003 R on the March 1, 2011 Consent Agenda
6. NEW BUSINESS
A) Annual Performance Evaluation of the Town Manager
Mayor Newill stated that the evaluations would be forwarded to Mr. Sugerman in accordance
with this contract.
7. MISCELLANEOUS — ITEMS LEFT OVER
A) Minutes
January 25, 2011 — Workshop Meeting
February 1, 2011 - Regular Meeting
No comments received from Commission, minutes to be included on the March 1, 2011 Consent
Agenda.
8. REPORTS — TOWN COMMISSION
Commissioner Pagliaro — Absent.
Commissioner Sorrelli — No Report.
Commissioner Trinlev — No Report.
Vice Mayor Zwick — I recently read in the paper where a man's heart had stopped for twenty
minutes, was presumed dead, and they were able to bring him back with a new automate CPR
machine. I took it upon myself to contact Delray Fire Rescue and they have only one in the
use. But, Palm Beach County has applied for a federal grant to purchase these units to be used
Town Commission Workshop Minutes
February 22, 2011 Page 5 of 6
throughout the county. Comm. Trinley — If the man was dead for twenty minutes, wouldn't he
have been brain dead?
Mayor Newill — I had no report, but will discuss the grant that Harold Hagelmann was
referring to for the tree planting on AIA. All the grant money has been spent and the grant has
been closed. I did have the opportunity to talk to Commissioner Abrahams about this request
to plant additional trees. It was the first time he had heard about, and stated that they would
entertain a proposal from the Town. If we are unable to receive any money from the County,
the Commission can consider transferring money from the Contingency account. Vice Mayor
Zwick —Can we research the minutes to see if trees had been promised at Boca Highlands?
Mayor Newill — Why don't we have the Interim Town Manager and Town Clerk investigate it
and put it on the agenda for next week's meeting.
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
Arlin Voress — 4403 Intracoastal Drive
Are you talking about defibrillators? Vice Mayor Zwick — It is a half body machine. A person
lays on it and it automatically pumps the lungs up at a steady speed. It is the shape of the torso
of the body. Mr. Voress — Is this something that the Commission should investigate further
through Delray Fire Rescue? Vice Mayor Zwick — The County is applying for a grant. The
machine costs approximately $30,000.00 per unit. Mr. Voress — We as a Commission should
get in touch with Delray and tell them that the Town of Highland Beach is interested in having
the unit in both the 911 vehicle and the fire truck. Mayor Newill — Good suggestion. We need
to have it put on a future agenda, even if we have to purchase them ourselves.
Joe Yucht — Boca Highlands
If my memory serves me, I believe the tree planting project was a 3 -year deal, with so many
being planted per year. Do not know how many trees were planted, but do know that the
southern end of Town did not get their fair share.
Town Commission Workshop Minutes
February 22, 2011 Page 6 of 6
13. ADJOURNMENT
There being no further business to come before the Commission, Mayor Newill adjourned the
Workshop Meeting at 2:10 PM upon a MOTION by Commissioner Sorrelli; seconded by Vice
Mayor Zwick.
APPROVED: 4 p/' 1--e /
------ re;/YI Jim Newill, CPA, Mayor
/
Miri p S. Zwick, ice or
if-cz,- In -/ , 1- Doris M. Trinley, Commissione 1
V P - 1 , 1 SKr/ /
Jon J. Sorr
Co • sio er
r _
Jo 0 . • Pagl Comm T oner
ATTEST-
A.
Beverly M. rown, M
Ab L__ 4" --- 4,//
Date