2006.04.04_TC_Minutes_Regular' TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, April 4, 2006 1:30 P.M.
Mayor Harold R. Hagelmann called the Regular Meeting to order in Commission
Chambers at 1:30 P.M.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Joseph J. Asselta, and
Commissioners Rachsel Scala-Pistone, Miriam S. Zwick and Jim Newill, CPA were
present.
Town Attorney Thomas E. Sliney and Town Manager Dale S. Sugerman were also
present, as were members of the general public.
After roll call, the Pledge of Allegiance was given, followed by a minute of silence in
honor of the nation's military personnel.
1. ADDITIONS DELETIONS OR ACCEPTANCE OF AGENDA
• Town Manager Sugerman requested the Agenda be amended under New Business to
include. designation of a voting delegate and alternates for the Palm Beach County
League of Cities. There was no objection and the Agenda was so amended.
3. PRESENTATIONS
NOWLEN, HOLT & MINER, P.A., AUDITORS: COMPREHENSIVE
ANNUAL FINANCIAL REPORT.
Auditor Ed Miner gave a summary of revenues, expenditures, general fund unreserved
fund balance and water and sewer operations for FY 2004-2005, and answered
questions to the Commission's satisfaction.
Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE, the
Commission voted unanimously to accept the Comprehensive Annual Financial Report
as presented. Mr. Miner extended his firm's thanks to the Commission and to Finance
Director Stan Novak and his staff for their cooperation and fine work. (Copy of the
Financial Highlights used for Presentation are attached hereto and made part of these
Minutes.)
• Town Commission Regular Meeting Minutes
April 4, 2006 Page 2 of 6
2. PUBLIC COMMENTS AND REQUESTS
Beaches and Shores Advisory Board Chair, Lucy Miller, Ambassadors East, requested
that she be allowed to comment when the amendment to the turtle ordinance was
addressed.
Joe Yucht, Boca Hi, stated that the Town's accounting procedures were probably out of
date. Thus ensued a substantial discussion with certain members of the Commission,
the Auditor and the Town Manager, concluding with the assurance to Mr. Yucht that the
Town's accounting procedures were apropos to government accounting and in no way
out of date.
Eugene Diliberto, Seagate, advised of an alleged speeding boat that did considerable
damage to a portion of Seagate's dockage.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: NONE.
• B) BOARD VACANCIES: ONE (1) ON BEACHES & SHORES ADVISORY
C) BOARD ACTION REPORT
D) MONTHLY BOARD MEETINGS:
Planning Board Regular - 4/12/06 - 9:30 A.M.
Board of Adjustment -Quarterly - 4/18/06 - 9:30 A.M.
Code Enforcement Board -Quarterly - 4/19/06 - 9:30 A.M.
Financial Advisory Board -None Scheduled.
Beaches & Shores Advisory - 4/11/06 - 9:30 A.M.
Cultural Board Regular - 4/27/06 - 9:30 A.M.
Mayor Hagelmann read all Boards and Committees information into the record.
5. PROPOSED ORDINANCES AND RESOLUTIONS
(1) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 4-8(c), LIGHTING
RESTRICTIONS FOR PROTECTION OF SEA TURTLES. (first reading
3/7/06; published 3/27/06)
• nth this proposed amending ordinance restricting lighting on the beach during turtle
nesting season "...from 11:00 P.M. to 6:00 A.M," [as does the current ordinance (No.
• Town Commission Regular Meeting Agenda
April 4, 2006 Page 3 of 6
5. PROPOSED ORDINANCES AND RESOLUTIONS (continued)
554)] lengthy discussion took place regarding it, with Beaches and Shores Chair Lucy
Miller noting that the county ordinance lighting restriction, for unincorporated areas,
during turtle nesting season calls for "dusk to dawn." Town Manager Sugerman had
previously noted a section of the county ordinance that called for "at night" restrictions.
Town Attorney Sliney advised that as the Town was incorporated, "home rule"could be
considered. Commissioner Zwick noted that as some beachfront clubs and homeowners
might already have plans in place which coincide with this year's nesting season, it
would be unfair to impose either of the county's restrictions at this time. Town Manager
Sugerman suggested a public hearing to get residents' input. In conclusion, and upon
MOTION by COMMISSIONER NEWILL/COMMISSIONER SCALA-PISTONE, it was the
unanimous vote of the Commission that this proposed amending ordinance was no
longer under consideration and would be removed from the Agenda.
(2) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING ORDINANCE NO. 710, WHICH APPROPRIATED FUNDS
FOR THE FISCAL YEAR 2004-2005, WHICH BEGAN OCTOBER 1, 2004
• AND ENDED SEPTEMBER 30, 2005. (first reading)
There was no discussion of this proposed ordinance; it will be moved to the April
Workshop Agenda.
(3) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, ESTABLISHING A SPECIAL LAW
ENFORCEMENT TRUST FUND FOR THE HIGHLAND BEACH POLICE
DEPARTMENT.
After substantial discussion, it was agreed to add the phrase "...AND ADOPTING ALL
OF THE PROVISIONS OF F.S. STATUTE CHAPTER 932, SECTION 7055." to the title
of the Resolution. It was then unanimously approved upon MOTION by
COMMISSIONER SCALA-PISTONE/COMMISSIONER ZWICK.
(4) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH AMENDING RESOLUTION 833 WHICH ESTABLISHED
A CULTURAL BOARD.
This proposed amendment simply removed the word "Society" wherever so noted in
Resolution 833. It was unanimously approved upon MOTION by COMMISSIONER
ZWICK/COMMISSIONER SCALA-PISTONE.
Minutes of Town Commission Regular Meeting
April 4, 2005 Page 4 of 6
6. NEW BUSINESS
DESIGNATION OF VOTING DELEGATE AND ALTERNATES FOR PALM
BEACH COUNTY LEAGUE OF CITIES.
As in previous years, it was agreed the Mayor would be the delegate, and the Vice
Mayor, Commission members and Town Manager, in descending order, would be the
alternates.
7. MISCELLANEOUS -ITEMS LEFT OVER
(1) FLORIDA RETIREMENT SENIOR MANAGEMENT SERVICE CLASS.
Substantial discussion took place regarding this issue, which would favorably affect five
(5) department heads, i.e., Building Official, Finance Director, Library Director, Public
Works Director and Town Clerk. Concluding discussion, and upon MOTION by VICE
MAYOR ASSELTA/COMMISSIONER ZWICK, there was a favorable majority vote to add
the aforementioned five (5) positions to the Florida Retirement Senior Management
Service Class. Roll call was as follows:
• Commissioner Zwick -Yes
Commissioner Scala-Pistone - No
Commissioner Newill - No
Vice Mayor Asselta -Yes
Mayor Hagelmann -Yes
(2) GIFT CERTIFICATES IN THE AMOUNT OF $50 FOR MARCH 14, 2006
ELECTION POLL WORKERS (11 WORKERS: $550.00).
Upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER NEWILL, the
above-mentioned gift certificates were unanimously approved.
(3) MINUTES FOR APPROVAL:
Upon MOTION by COMMISSIONER NEWILL/COMMISSIONER SCALA-PISTONE, the
following sets of Minutes were unanimously approved:
FEBRUARY 28, 2006 WORKSHOP
MARCH 7, 2006 REGULAR
MARCH 21, 2006 SPECIAUCANVASSING
MARCH 28, 2007 SPECIAL
•
• Minutes of Town Commission Regular Meeting
April 4, 2006 Page 5 of 6
8. REPORTS -TOWN COMMISSION
Commissioner Jim Newill, CPA, referred to the yearly evaluation given to the Town
Manager by Commissioner Scala-Pistone, and asked the Town Manager if he was one
of the Commissioners referred to as having violated the Sunshine Law in her remarks,
which were attached to the evaluation. Town Manager Sugerman responded that
Commissioner Newill was not a Commissioner to whom Commissioner Scala-Pistone
had referred.
Commissioner Miriam S. Zwick addressed the confusion created by state and federal
agencies regarding her efforts to rename "Jap Rock" to "Yamato Rock", i.e., the state
agency approved the change; the federal agency did not approve the change, saying the
name had been changed to the non-pejorative "Japanese Rock" in 1974. Commissioner
Zwick advised she had contacted local, state and federal officials, and had already
garnered support from PBC Commissioner Mary McCarty, and U.S. Representative Clay
Shaw to do all possible to have "Yamato Rock" recognized as the legitimate re-name of
"Jap Rock" and/or "Japanese Rock." The Commission was in favor of Commissioner
Zwick continuing her efforts in this regard.
• For purposes of these Minutes, the summation of reports by both Commissioner
Rachael Scala-Pistone and Vice Mayor Joseph J. Asselta is best described in the
April 5, 2006 Palm Beach Post article by reporter Eliot Kleinberg, which is attached to
and made part of these Minutes.
Mayor Harold R. Hagelmann read into the record a Proclamation proclaiming April 2006
as Water Conservation Month.
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
10. REPORTS -TOWN MANAGER
Town Manager Dale S. Sugerman advised that a report on Town expenditures for the
Bel Lido Island entrance would be available at the next Workshop, as would the
language for additional plaques honoring Attorney Sliney and Leonard Bell (for the new
Library's History Room) and Jose Echeverria for his work with the Turtle Program.
11. CONSENT AGENDA
NONE.
• 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Minutes of Town Commission Regular Meeting
April 4, 2006 Page 6 of 6
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor
Hagelmann adjourned the Regular Meeting at 3:00 P.M. upon MOTION by
COMMISSIONER ZWICK/VICE MAYOR ASSELTA.
dmt
APPROVE:
'H ~ d R. Hagel ayor
Jo ph J. Asselta, ice Mayor
s'~7
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Rachael Scala-Pistone, Commissioner
Miriam S. Zwicl~Com~/ loner
Jim Newill CPA, Commi sinner
Attest:
~ ~~
Date: s131o6