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2008.01.29_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, January 29, 2008 1.30 P M Mayor Harold R. Hagelmann called the Regular Meeting to order in Commission Chambers at 1:30 P.M. CALL TO ORDER: Roll Call: Members present: Mayor Harold R. Hagelmann; Vice Mayor Joseph J. Asselta; Commissioner Miriam S. Zwick; Commissioner Jim Newill, CPA; and Commissioner Doris M. Trinley. Also present: Town Attorney Tom Sliney; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown; 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. • 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA • Vice Mayor Asselta -Under "New Business" add "Accumulation of Vacation Time" 2. PUBLIC COIVIlVIENTS AND REQUESTS • Seymour Strauss -Boca Highlands -The Lyric Chamber Orchestra is six years old, and they performed their best concert yet last Friday with over 250 people in attendance. Last Friday the "String Quartet" played at the library, but the seating was limited. The Chamber Orchestra will hold its last concert of the season on the last Friday in March. 3. PRESENTATIONS • None 4. BOARDS AND COMNIITTEES A) Board Correspondence • Code Enforcement Board Strongly recommends that the Town Commission eliminate PVC stakes, wooden stakes, reflectors, concrete pyramids, and concrete domes from the AlA right of • way Town Commission Workshop Minutes January 29, 2008 Page 2 of 6 . Discussion: Commissioner Trinley -How can the Commission create codes on property that the Town does not-own? Town Attorne, Sliney - We have an agreement with FDOT stating that we will maintain the right of way. Vice Mayor Asselta -Before any regulations are created, would they not require a public hearing? Have always been reluctant to make regulations affecting the entire community without a public hearing. Atty. Sliney -This Board is looking for direction on whether they should review the current ordinances and make recommendations to Commission to change them. They are willing to hold public hearings, summarize their findings and make recommendations to the. Commission. The final decision is with this Commission. Town Mana eg r Su eg rman -The Code Enforcement Board as a body, feel the proliferation of items found in the right of way are very unattractive. This Board would like to do something further with what they think is a problem. Do you want them to review the ordinances, have public hearings, and make recommendations to the Commission? Do all the homework and send the results to the Commission? The Commission is the only group that can set policy. Commissioner Newill - As an alternative, can we do a survey with a multitude of questions? Incorporating everything in one survey, including a light at the fire house. Commission Zwick -The answers on the survey depends on how the question was asked. Nothing against them, but they need to have yes or no answers. Vice Mayor Asselta - Do not think a survey will provide satisfactory answers. If the subject of a public hearing is an issue that people are interested in, they will attend. Comm. Trinley -Since we have a "maintenance agreement" with FDOT, let the Code Enforcement Board do the homework for the Commission. Comm. Zwick - If they are interested in doing the research and hold a public • hearing, we should be supporting them. Mana er Superman - I will relay your comments to the Board. B) Board Action Report • None D) Board Vacancies • February Vacancy -Board of Adjustment and Appeals Position -Posted on Channel 19 and Town Hall Bulletin Boards • March Vacancy -Code Enforcement Board Position -Posted on Channel 19 and Town Hall Bulletin Boards • Interview of Talent Bank Applicants Joseph Co1bX - 3210 S. Ocean Blvd, Unit #610 Retired New York Supreme Court Judge, have lived in Highland Beach for four years, and would like to give something back to the community. Comm. Newill stated he has known Judge Colby since the day he moved in and he is also his campaign treasurer. Lori Wolin, PhD - 1101 Bel Air Drive Currently own a property management company and is a state licensed building and roofing contractor. Previously was a professor at Lynn University • and Dale Sugerman was in one of my classes. Vice Mayor Asselta -Would you be interested in the Code Enforcement Board? Reply -Certainly. Town Commission Workshop Minutes January 29, 2008 Page 3 of 6 Wherever the Commission feels I would be beneficial. • Consensus -Commission agreed to put on the February "Consent A enda" the g appointment of Joseph Colby to the Board of Adjustment for athree-year term beginning February 1, 2008 to January 31, 2011; and to include on the March "Consent Agenda" the appointment of Lori Wolin, Ph.D. to the Code Enforcement Board for athree-year term beginning March 1, 2008 to February 27, 2011. F) Monthly Board Meetings -read into the record by Mayor Hagelmann • Beaches & Shores Advisory -Feb. 12th -Regular - 9:30 A.M • Planning Board -Feb. 13th -Regular - 9:30 A.M. • Code Enforcement Board -Feb. 20th -Regular - 9:30 A.M. • Cultural Board -Feb. 28th -Regular - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS • None 6. NEW BUSINESS . A) "Accumulation of Vacation Time" Vice Mayor Asselta -This matter came to my attention at the last moment, and since this is a Workshop, it can only be discussed. The "Personnel Policies" were adopted by the Commission and are enforced by the Town Manager. Article XIX: Vacation Leave; Section 3: Maximum Accumulation -"At no time, except under extreme circumstances, will an employee be allowed to accumulate more than 25 days of vacation in his/her account. Under extreme circumstances the Town Manager may allow an employee to accumulate .more than 25 days of vacation, provided the employee makes arrangements with his/her department head to use the coverage within sixty days of the accumulation exceeding the maximum allowed." My understanding is that it has never been enforced. The Finance Director has advised me that a letter has been drafted notifying a number of employees that they will be losing vacation time. I am disappointed in this action since it has never been enforced before. The police department has been short handed; all the positions had not been filled; an officer was out with a back injury; the Chief had hip surgery; the Chief had to send officers for training; and Finance also went through a complete change of employees. As a body, we established this code. Do we want to include a provision of amnesty? Commissioner Trinley -Town Manager what motivated you to take this action? It is a motivation downer. Historically this has never been done. Town Manager Su eg rman - In reviewing the payroll at the end of December, I noticed the • accumulation of hours. At no time has anyone requested that I extend their vacation time. I am only applying the rules. I am also on the list to lose time. Commissioner Town Commission Workshop Minutes January 29, 2008 Page 4 of 6 Zwick -Where the rules are in place, but never been enforced, they should be reaffirmed before implementing them. Employees should be given time to make adjustments before losing the time. True it is a rule, but rules are harsh when they are thrust upon you without a warning. Mana er Su e~ -The rule is commonly known as "use it or lose it." A former long standing employee in Finance used to give a warning, but that person is no longer here. Commissioner Newill -Appears that I am the only one on this Commission that did not receive the material prior to the meeting. It is very difficult for me to make a judgment without seeing it in print or studying it before I make a decision or comment on it. On the other hand, cannot find fault with the Town Manager for enforcing a written rule. Vice Mayor Asselta - In deference to the Town Manager, people leaving the employment of the Town have been paid -for their vacation time over the 200 hours. Mana er Su erman - I take offense that the Commission is being fed information from employees who report to me. Have been working with Mr. Novak for over thirty days on this issue. There seems to be a conspiracy going on. Have no problem enforcing the rules set by this Commission. You can vote to change it next week, but remember the Collective Bargaining Agreement is more liberal than the employees' policies and they cannot be changed unilaterally. Town Attorney Sliney -Suggest that whatever is received in writing be distributed to all the Commissioners. Mayor Hagelmann -Requested that everyone receive all the same information prior to the next meeting. B) Authorize the Mayor to Sign an Interlocal Agreement with the Solid Waste Authority for the Delivery of Municipal Solid Waste to Designated Facilities and for a Municipal Recycling Program Town Mana er Su eg rman -The Town of Highland Beach has had two separate interlocal agreements with the Solid Waste Authority (SWA). The first was to designate the SWA as the facility to accept all trash and debris as collected. The second was to authorize acommunity-wide recycling program. The Solid Waste Authority has asked that all of the communities within its jurisdiction move to a consolidated Interlocal Agreement covering both the facility designation and the recycling program. In proposing a new Interlocal Agreement, they have also included a number of administrative and ministerial changes in the contract. Zoie Burgess has done. an analysis on the proposed Agreement, and her memorandum on the topic is attached. Item to be included on the "Consent Agenda" for the next meeting. Commissioner Trinley -Would like to compliment Zoie Burgess on the excellent memo that was done. • Town Commission Workshop Minutes January 29, 2008 Pa eg_5 of 6 • 7) MISCELLANEOUS -ITEMS LEFT OVER A) Minutes Approval Special Meeting -December 20, 2007 Regular Meeting -January 8, 2008 Item to be included on the "Consent Agenda" for the next meeting. 8) REPORTS -TOWN COMMISSION Commissioner Trinlev -Has the updated/revised investment policy been completed? Town Mana e~ eg rman -Have been diligently working on it with a variety of outside financial advisors. Will be prepared to bring something next month. Commissioner Newill - No Report. Commissioner Zwick - No Report. Vice Mayor Asselta -Observation from voting, we do not have sufficient parking on this site. Need to contact the Supervisor of Elections and St. Lucy's to see if we can move the next election back to that facility. We just do not have sufficient parking. • After discussion it was decided to hold the Municipal Election at the Highland Beach Library, but to make arrangements to move the November Election. Mayor Ha elmann - No Report. 9) REPORTS -TOWN ATTORNEY • No Report 10) REPORTS -TOWN MANAGER • No Report 11) CONSENT AGENDA • None r~ U Town Commission Workshop Minutes January 29, 2008 Pa e 6 of 6 12) PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joseph Yucht -Boca Highlands -Previously have served as President of the County Board of Elections. Elections need to be held in a public place with plenty of parking. If St. Lucy's is unavailable, maybe there is a condo with a lot of parking. Comment on the vacation leave -from what I hear, it is the old adage: law & justice not the same. Town Manager is correct in enforcing the law. The Town previously passed a Resolution No. 835 that stated each Board shall assign a member to attend the Commissions monthly meeting. If you are not going to enforce it, you should appeal the resolution. On February 28, 2008 at 7:00 P.M. the Cultural Board will be sponsoring a presentation by Dr. Gordon of the Gordon Center at the University of Miami for Research in Education. It is scheduled for the Commission Chambers but the Library would hold more people. Mari Suarez, Library Director stated that this activity is scheduled at the Library. 12. ADJOURNMENT There being no further business to come before the Commission. Mayor Hagelmann adjourned the Regular Meeting at 2:45 P.M. upon a MOTION by Commissioner Newill seconded by Commissioner Zwick. !(/~'!M nano . nageim , ~a or l Jose sselt , Vi ayor Miriam S. Jim N ill, CP/~A, Commis//s~~io~~ner Doris M. Trinley, ATTEST: B erly M. Br wn, MMC, Town Clerk Date: