2006.08.09_TC_Minutes_Special• TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
SPECIAL MEETING -TERMS OF OFFICE
Monday, August ~i, 2006 10:00 A.M.
Mayor Harold R. Hagelmann called the Special Meeting to order in Commission
Chambers. at 10:00 A.M., stating its purpose was as follows:
FINAL READING, DISCUSSION AND POSSIBLE APPROVAL RE AMENDMENT
TO THE TOWN CHARTER REGARDING TERMS OF OFFICE, AND
CONSIDERATION OF AN ORDINANCE SETTING THE BALLOT LANGUAGE
FOR THE NOVEMBER 7, 2006 ELECTION PERTAINING TO SAME.
Town Clerk .Doris Trinley called the roll. The Mayor, Vice Mayor Asselta, and
Commissioners Rachael Scala-Pistone, Miriam S. Zwick and Jim NewiII,CPA, were
present.
Also present were Town Attorney Thomas E. Sliney, Attorney Larry Corman, and Town
Manager Dale S. Sugerman, as well as members of the general public.
• The proposed ordinance was given final reading by title only and was approved upon
MOTION by COMMISSIONER ZWICK/VICE MAYOR ASSELTA for discussion purposes.
Commissioner Newill started discussion by presenting an example of implementation of
two (2) 3-year terms by giving the sitting non-term limited Commission members another
year, which he had worked out through March 2025 and which is attached hereto as part
of these Minutes. The Commissioner stated that the voters who elected the sitting
Commission gave them 2-year terms and he did not think they should award themselves
an additional year.
Commissioner Zwick said that if not now, the change to two (2) 3-year terms would most
likely come up in the near future; and even if considered by a future Commission, adding
a year to start the process would still entail two (2) members gaining or losing a year.
The Commission also felt such a change would encourage more people to run for office.
Commissioner Scala-Pistone stated she still did not see the justification for the
ordinance, noting that when this section of Code was reviewed by the Charter Review
Board in 2003, there was a 6-1 vote to leave the terms as is. The Commissioner added
that as proposed, the ordinance is not equitable.
Vice Mayor Asselta took issue with the last sentence of the ballot language, which read,
• "Current Town Commission Members may serve a total of three consecutive terms."
• Minutes of Town Commission Special Meeting
August 6, 2006 Page 2 of
A lengthy discussion followed between the members and the attorneys, with the result
that three (3) changes were agreed upon, i.e.,
.changing the first word of the third sentence
in Section 106(3) from "that" to "than."
.deleting the following sentence from Section 106(3):
For transition purposes, however, the Mayor,
Vice Mayor, and the Commissioners who have
not served three (3) consecutive terms as of
March 2007 shall be eligible to qualify for
election, and be elected to that office for
three (3) consecutive terms (including con-
secutive terms immediately prior to March 2007).
.deleting the last line in the ballot language:
.Current Town Commission members may serve a
total of three (3) consecutive terms."
•
Residents' comments were as follows:
Former Mayor, Arlin Voress, 4303 Intracoastal Drive, was of the opinion that, as the
amended language of the ordinance was not in written form, the Commission should not
approve it. Mr. Voress also referred to the notion that such a change would save the
Town money and said such notion was not a justification for change. Finally Mr. Voress
noted the Charter Review Board's 2003 6-1 vote against changing the terms and said,
"If it ain't broke, don't fix it."
Eugene Diliberto, Seagate, said he thought such a change would be a benefit to the
Town.
AI Bresnahan, Seagate, agreed with Mr. Voress' comments.
Concluding discussion and comments, Mayor Hagelmann reminded all that the voters
will ultimately decide if a change is in order. The ordinance was read once more by title
only and roll call vote was as follows:
Commissioner Newill - No
Commissioner Zwick -Yes
• Commissioner Scala-Pistone - No
Vice Mayor Asselta -Yes
Mayor Hagelmann -Yes
Minutes of Town Commission Special Meeting
Referring to Mr. Voress' remarks that the amended language of the ordinance was not
in written form, Town Attorney Sliney advised he would have the ordinance, as amended,
to the Clerk's office post-haste.
There being no further business to come before the Commission at this time, Mayor
Hagelmann adjourned the Special Meeting at 11:05 A.M. upon MOTION by
COMMISSIONER ZWICK/COMMISSIONER NEWILL.
dmt
APPROVE:
L`larold R.' H~ an ,Mayor
Jo ph J. asselt~;iVice Mayor
~~
Rachael Scala- istone, Commissioner
Miriam S. Zwick, om oner
Jim Nevi'iill, CPA, Commissioner
Attest:
Date: ~1~~~Gio