2006.09.26_TC_Minutes_Workshop• TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP
Tuesday, September 26, 2006 1:30 P.M.
Mayor Harold R. Hagelmann called the Workshop to order in Commission Chambers at
1:30 P.M.
Town Clerk Doris Trinley called the roll. The Mayor and Commissioners Rachael Scala-
Pistone, Miriam S. Zwick and Jim Newill, CPA, were present. Vice Mayor Joseph J.
Asselta was absent.
Town Attorney Thomas E. Sliney and Town Manager Dale S. Sugerman were 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
• Hearing no objection, Mayor Hagelmann declared the Agenda accepted as presented.
2. PUBLIC COMMENTS AND REQUESTS
Attorney Willie Jones requested an Executive Session regarding his client's [not named]
law suit against the Town; he was advised to put this request in writing and it would be
reviewed.
Financial Advisory Chair Allen Teller, Bel Lido, read into the record his "tax dollars"
opinion regarding the recently purchased piano for the Library Community Room, which
is attached to and made part of these Minutes.
3. PRESENTATIONS
NONE.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: NONE.
B) BOARD VACANCIES: ONE (1) ON FINANCIAL ADVISORY BOARD;
ONE (1) ON CULTURAL BOARD.
•
• Minutes of Town Commission Workshop
September 26. 2006 Page 2 of 3
4. BOARDS AND COMMITTEES (continued)
C) BOARD ACTION REPORT: NONE.
D) MONTHLY BOARD MEETINGS: PREVIOUSLY SUBMITTED.
5. PROPOSED ORDINANCES AND RESOLUTIONS
AN ORDINANCE AMENDING CHAPTER 6, BUILDINGS AND STRUCTURES, OF
THE CODE OF ORDINANCES OF HIGHLAND BEACH. (first reading 9/5/06;
published 9/22/06)
Commissioner Scala-Pistone again suggested that it would be appropriate for the
Planning Board to review this large-scale amendment and transmit their comments to
the Commission. It was agreed that as there was no rush to adopt the proposed
ordinance, its approval could be postponed.
6. NEW BUSINESS
• NONE.
7. MISCELLANEOUS -ITEMS LEFT OVER
The following sets of Minutes were forwarded to the October 3 Regular .Meeting for
further consideration and possible approval:
AUGUST 29, 2006 WORKSHOP
SEPTEMBER 5, 2006 REGULAR
SEPTEMBER 5:01 P.M. PUBLIC HEARING (BUDGET)
8. REPORTS -TOWN COMMISSION
Commissioner Jim Newill, CPA, stated that, in his opinion, the form recently distributed
to the members regarding the approval of change in term limits (from 3 2-year terms to
2 3-year terms), which was proposed to be transmitted to residents via U.S. Mail in time
for the November 7 elections, was a waste of taxpayers' money; the Commissioner held
that voter sophistication notwithstanding, the referendum question was easily understood.
Regarding Commissioner Newill's suggestion that the Town have a beautification
committee to oversee untended properties, in the discussion that followed, it was agreed
that offenders first be given a courtesy phone call but, if ignored, be issued a citation in
• a swift, timely manner.
Minutes Town Commission Workshop
September 26. 2006 Page 3 of 3
• 8. REPORTS -TOWN COMMISSION (continued)
Commissioner Newill's remarks about the Commission not being informed of incoming
law suits prompted much discussion. Town Attorney Sliney stated. that litigation should
not be discussed at a public meeting, and invited the members to contact himself or
Attorney Larry Corman whenever they had a question regarding same, or ask for an
Executive Session. Town Manager Sugerman added that there were no "new" suits of
which he was aware.
Commissioner Miriam S. Zwick noted her recent attendance at a Sunshine Law
seminar wherein one of the topics was "Open Government Litigation Issues," and during
which it was noted that "until a law suit enters into your camp," it does not exist; she
offered to share the materials from that seminar with the members.
Commissioner Rachael Scala-Pistone said the Commission should be informed of all
law suits, and questioned Town Attorney Sliney if the Town Manager could discuss a
lawsuit with one (1) Commissioner at a time; his response was affirmative.
Vice Mayor Joseph J. Asselta was absent.
Mayor Harold R. Hagelmann addressed funding for the Fire Station traffic signal,
advising the county had estimated $100,000 for the signal and its installation, $60,000
• of which was available through the auspices of PBC Commissioner Mary McCarty,
leaving the Town to fund the additional $40,000. One way to allocate the funds, Town
Manager Sugerman advised, was to consider an adjustment to the 2006/2007 budget,
which was being considered for final approval this evening at 5:01 P.M. Commissioner
Zwick commented that this would be a good opportunity for the Commission to be
proactive in judgment, and the $40,000 to complete the project would be an "insurance
policy" for the Town.
Mayor Hagelmann concluded by commending Sue Gray for the fine job she does in
maintaining Government Channel 19.
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney responded to Commissioner Newill's thought
regarding a beautification committee, advising that at one time the Town did have a
Community Appearance Board; however, because of its somewhat subjective nature, its
functions had been taken over by the Planning Board. Mr. Sliney further advised that
the most efficient way to deal with landscape eyesores was through a Code Enforcement
"nuisance" citation.
Regarding the Milani litigation (County park in south end of Town), Mr. Sliney advised
the presiding judge had ruled in favor of the County; however, it was most likely that
• Milani would appeal.
Minutes of Town Commission Workshop
September 26. 2006 Page 4 of ~
10. REPORTS -TOWN MANAGER
Town Manager Dale S. Sugerman, for the record, responded to those members who
alleged that he was not "forthcoming" in sharing information with the Commission as
regards "new" law suits. The Town Manager said that while he could not act as a
"conduit" among the members, he believed that he shares all the information that he can
and, further, he has no ability to make any case "go away."
Mr. Sugerman next advised that construction of well #8 will begin shortly, with a notice
to proceed on October 3. He added that this project will disrupt library parking for about
five (5) months.
In conclusion, Mr. Sugerman discussed with the members the possibility of having only
one meeting during the month of December, suggesting a Regular Meeting on December
12, which would free up any holiday plans the Commission might have. The issue will
be decided on at the October 3 Regular Meeting.
11. CONSENT AGENDA
NONE.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
NONE.
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor
Hagelmann adjourned the Workshop at 2:50 P.M. upon MOTION by COMMISSIONER
NEWILL/COMMISSIONER ZWICK.
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APPROVE:
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rear d R. Ha eln~nn, Mayor
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Rachael Scala-Pistone, Commissioner
Attest: ~=- ~ -
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o ph J. A Ita, Vice Mayor
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Miriam S. Zwi , Co issioner
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Jim Nell, CPA, Commissioner
Date: ~~~~`(~o ~