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1976.12.29_TC_Minutes_Specialr TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Special Meeting December 29, 1976 11:25 A.M. Mayor Gilday called the Special Meeting to order at 11:25 A.M. Present were: Also present: Mayor Morton E. Gilday Vice Mayor William S. Hults Commissioner Ruth E. Mumford Commissioner Leslie W. Joy C©mmissioner Robert D. Clark Elaine W. Roberts, Town Manager Thomas E. Sliney, Town Attorney Anton Drasal, Finance Director Kenneth Jones, Police Chief Kathryn M. Borgemenke, Town Clerk Final Reading and Proposed Adoption of Ordinances - Nos. 304, 305 and 306 - Companion Ordinances relative to the abolishment of the Municipal Court, Highland Beach. Ordinance No. 304 - Creating a Uniform Maximum Penalty ryas read in its entirety by the Town Clerk. MOTION by Vice Mayor Hults/Commissioner Mumford: "I move we adopt the Ordinance as read". There was a brief discussion relative to additional offenses.Mr.Sliney explained the reason and intent of this Ordinance for the benefit of the Commission. ROLL CALL on the Motion Carried Unanimously. The Town Attorney noted that these three Ordinances will become effective January 3, 1977. Ordinance No. 305 - Abolishin Municipal Court was read in its entirety by the Town Clerk. MOTION by Commissioner Clark/Commissioner Joy: "Move the adoption of the Ordinance as read". ROLL CALL on the Motion Carried Unanimously. • Minutes Highland Beach Tawn Commission Special Meeting December 29, 1976 Page 2 of 5 Ordinance No. 306 - Require Additional Court Costs for Law Enforcement Education, etc. was read in its entirety by the Town Clerk. Commissioner Clark questioned Section 17-5 and the wording "municipal court clerk" and after a brief discussion it was decided to delete the word "municipal" in the first line of Section 17-5. MOTION by Commissioner Clark/Commissioner Joy: "I'll move the adoption of the Ordinance as amended". ROLL CALL on the Motion Carried Unanimously. Resolution No. 320 - Expressin Appreciation to John D Wessel, Municipal Court Judge was read in its entirety by the Town Clerk. • MOTION by Mayor Gilday/Commiss:ioner Mumford: "I move the adoption of this Resolution as read". ROLL CALL on the Motion Carried Unanimously. Resolution No. 321 - Expressing Appreciation to F. L R Hill, Judge ad litem was read in its entirety by the Town Clerk. MOTION by Mayor Gilday/Commissioner Clark: "Move the adoption of this Resolution as read". ROLL CALL on the Motion Carried Unanimously. Discussion followed that it would be noted on both Resolutions that the word "Certified" is included. Town Manager's Merit Increase L Mrs. Roberts noted that on December 7, 1976 she submitted to the Commission the evaluation form for the Town Manager and a memo was attached. She noted that the appointment of the Manager was made on October 1 but due to the fact that the Commission has established a policy whereby they use the anniversary dates of the employees her anniversary was December 26, 1976. She noted that she had started her 9th year with the Town last Monday. Minutes Highland Beach • Town Commission Special Meeting December 29, 1976 MOTION by Mayor Gilday/Commissioner Mumford: of this proposed increase". ROLL CALL on the Motion Carried Unanimously. Page 3 of 5 "I move the adoption Appointment - Representative to Technical Coordinatin Committee After discussion it was the consensus of the Commission that Commissioner Mumford's husband, Mr. Clarence Mumford, be approached as to his willingness to serve on this committee. This item will be carried over to the Regular Meeting, January 4, 1977. Approval of Bills The Finance Director presented the bills for approval to the Commission. • MOTION by Vice Mayor Hults/Commissioner Clark: "I move the bills be accepted and paid". Mrs. Roberts explained for the benefit of the Commission the bill from Lyons Construction Company in the amount of $4,170 for storm drain construction, Highland Beach Drive. An additional bill from Lyons for $1,027.67 was for water main repair ROLL CALL on the Motion Carried Unanimously. Mr. Sliney noted that Mr. Ryan was in the audience and he referred to a letter dated December 24, 1976 from Mr. Ryan which he had received. The letter indicated that Mr. Ryan has retained a new attorney; however Mr. Ryan stated that he will represent himself at this meeting today. Mr. Ryan referred to two meetings between Mr. Sliney and his former attorney, Mr. Findley. There was much discussion relative to the two meetings between the attorneys. • Mr. Ryan stated that he would be willing to accept $4,800.00 today providing he could go to PERC and let them decide on the rank of Patrolman or Sergeant he would abide by. He stated that he would be agreeable to settling this matter today. Minutes Highland Beach • Town Commission Special Meeting December ~9, 1976 Page 4 of 5 Discussion then evolved pertaining to Mr. Ryan's claim to the unemployment compensation board and Mr. Ryan stated that he did not file an appeal. He is receiving unemployment compensation by other means and the Town is not involved in this claim. It was noted that this claim is being satisfied by the General Fund of the State of Florida. The Mayor recognized Mr. Dent and he spoke relative to a meeting held on December 9, 1976 and also an additional meeting of four of the Board of Trustees of the Civic League. He also expressed his own feelings relative to a settlement. Mayor Gilday called a recess for lunch and directed the Town Attorney to discuss this matter with Mr. Ryan. Recess at 12:25 P.M. The Special Meeting of December 29, 1976 reconvened at 1:05 P.M. • The Mayor called upon the Town Attorney and Mr. Sliney stated that he and Mr. Ryan had a discussion during the recess. Mr. Sliney noted that the dollar amount would be $5,500.00 if paid to Mr. Ryan within ten days. Out of this amount Mr. Ryan would take care of his former attorney's fees, if any. Mr. Ryan would drop any claims he might have regarding a salary differential by agreeing not to pursue it with PERC and would drop all other claims against the Town. Additionally Mr. Ryan has requested that he receive a letter of recommendation for future employment.from the Town based on his performance of work while employed by Highland Beach. Discussion between the Chief of Police and Mayor Gilday followed relative to the request for a letter of recommendation. Commissioner Clark offered his personal opinion pertaining to this letter of recommendation. MOTION by Commissioner Clark/Commissioner Joy: "I would be willing to move and to vote for a settlement of $4,000.00." • ROLL CALL on the Motion Carried Unanimously. Minutes Highland Beach ~, Town Commission Special Meeting December 29, 1976 Page 5 of 5 Mayor Gilday noted that this would be $4,000.00 plus a letter as previously indicated on the past performance of his duties, that he resigned and that later he sued the Town for back pay and other items and that it was settled out of court. Mayor Gilday recognized Mr. Ryan who stated that this motion was not acceptable to him and he further stated that discussion about the letter of recommendation was unnecessary. There was further discussion among Mr. Totz, Mr. Sliney, the Chief of Police, Mr. Dent and the Mayor. Vice Mayor Hults stated that there was previously offered a figure of $4,800.00. Why this figure changed from $4,800.00 to $5,500.00 he was unaware. He stated that the $4,800.00 would be a fair amount due to the fact that it had been agreed to by the two attorneys and he had no objection to this figure. • Mayor Gilday called for a Motion to amend the previous Motion declaring $4,000 as the term of the settlement and add $800. to the $4,000. Total $4,800. Vice Mayor Hults stated. that he would be willing to make such a Motion. Mayor Gilday asked Mr. Ryan if this amount of $4,800.00 would be agreeable to him? Mr. Ryan stated that he declined to accept this offer. Being no further business to come before this Spe~3al,r~'1.eeting it ryias ADJOURNED at 1:25 P.M. ,-' -~~ ,- APPROVED: ~ ~ ~~~ ~rr,. ~~ ~`~`~"~ ATTEST: '-- Town erk • Dated: January 6, 1977 Morto E Gi ay, Ma or/7 ~ ~ William S. Hults, Vice Mayor Ruth,,. Mumford, ~olmmissioner ~~ Les 'e W. Joy,( d6mmis"sinner ~ ~ ~ C~~ Robert D. Clark, Commissioner Recorded on 76.39 A & B Sides 1 & 2