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1976.11.16_TC_Minutes_Special• TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Special Meeting Povember 16, 1976 9:30 A.M. The Special Meeting of the Town Commission of the Town of Highland Beach, Florida was called to order by Vice Mayor Hults at 9:30 A.M. on November 16, 1976. Present were: Vice Mayor William S. Hults Commissioner Ruth E. Mumford Commissioner Leslie W. Joy Commissioner Robert E. Clark Absent: Mayor Morton E. Gilday Also present: Town Manager, Elaine W. Roberts Town Attorney, Thomas E. Sliney Finance Director, Anton Drasal Chief of Police, Kenneth Jones Deputy Town Clerk, Jane E. Barker Vice Mayor Hults announced that 767 people were given the Swine Flu Shots yesterday at the Town Hall. The Vice Mayor announced that the first item on the Agenda was the Ryan matter. Mr. Sliney stated that Mr. Ryan had submitted a letter on September 24, 1976 through his attorney, Mr. Findley, in which he was filing a claim in the amount of $6,901.83 against the Town for various expenses incurred - including overtime pay. Mr. Sliney was of the opinion that the Town should try and negotiate this matter and Commissioner Clark was in agreement with Mr. Sliney, stating that he (Commissioner Clark) would be willing to make a Motion to this effect. MOTION by Commissioner Clark/Commissioner Joy: "I move that we authorize Tom Sliney, the attorney, to meet with Ryan's attorney • and attempt to negotiate the matter -- final decision, of course, to be reserved by the Town Commission. ROLL CALL on the Motion Carried 4 - 0. Minutes Highland Beach Town Commission • Special Meeting November 16, 1976 Page 2 of 5 Vice Mayor Hults announced that the next matter was the Giordano matter. Mr. Sliney stated that this was similar to the Ryan matter in that it concerned the Police Department - but it was just the particular issue of work at the Pope residence during off-duty hours. There was further discussion about correspondence re: State Statute No. 493-11 and the Attorney General's Opinion #074-168. Vice Mayor Hults read the letter from the Chief o~ Police to the National Enquirer dated May 21, 1976 for the record. After much more discussion, Commissioner Clark stated that the Town's policy should be in accord with the Attorney General's Opinion #074-168. Vice Mayor Hults asked for a Motion on this matter. • MOTION by Commissioner Clark/Commissioner Mumford: "I move that the Town's policy re; policemen working on outside security jobs be governed in all details by the opinion of the Attorney General." ROLL CALL on the Motion Carried 4 - 0. Next order of. business passed in June 1975 wh called for an increase and the Sewage Interim accepted by the Town. acceptance by the Town was discussion on Ordinance No. 283, ich amended the Sewer Franchise. It in fees as soon as the Sewage System Treatment Plant were approved and The effective date of completion and was November 3 of this year. Mrs. Roberts stated that she had given the Building and Finance Departments a memo dated November 5th informing them of the action taken by the Town Commission. Ordinance No. 283 provides for them to collect the increased sewer connection fees for new construction immediately and after 45 days, for conversion from septic systems. She further reported that she had sent out letters to some 37 properties in Town who had not yet connected to the Sewage System letting them know that they had 45 days or until December 17th to pay the rate of $232.93 instead of $260.00. • Referring to Section 3 in Ordinance No. 283, the Town Commission concurred with the Town Manager to waive that provision for I Minutes Highland Beach • Town Commission Special Meeting November 16, 1976 Page 3 of 5 assessing $100.00 a day penalty and collecting damages if the Sewer System was not completed by November 30, 1975. The system was operable and was available for those residents who chose to convert from their septic system to the sewage system. Next item for discussion was regarding the maintenance person, as announced by Vice Mayor Hults. Mrs. Roberts discussed the various persons who had answered the ad in the paper and said she had narrowed it down to a man who lived in Boca Raton and could perform many maintenance duties, including electric and plumbing work, painting and sprinkler repair work. He will work for $7.00 an hour if he uses his own equipment and $4.50 an hour if the Town buys the equipment. He would be willing to go on a contract basis for 90 days. After much discussion, Vice Mayor Hults called for a Motion that we try this gentleman on a contract basis for three months and • evaluate the situation at the end of that time. MOTION by Commissioner Mumford/Commissioner Joy: "I make the Motion that we try this on a contract basis for three months". ROLL CALL on the Motion Carried 4 - 0. TOWN MANAGER'S REPORTS AND/OR RECOMMENDATIONS Mrs. Roberts reported that the Town of Highland Beach received certification in the Norm of a three year permit for water draw from the five wells. The maximum yearly pumpage is not to exceed 277.4 million gallons which amounts to an average of 760,000 gallons per day. The maximum daily withdrawal should not exceed 1.34 million gallons per day. There were no questions. The other matter that Mrs. Roberts reported on was that the A-95 Review which had to be prepared in order to apply for Federal Funding in the amount of $1,150,000.00 is before the Area Planning Board tomorrow afternoon, November 17th. This will be a Public Hearing and Mrs. Roberts will try to attend. • The Town Manager also stated that there is a Seminar being held tomorrow afternoon on Lethal Yellowing. Mrs. Roberts will not attend this meeting. I Minutes His3hland Beach • Town Commission Special Meeting November 16, 1976 Page 4 of 5 Vice Mayor Hults inquired of Mrs. Roberts as to what was happening with the Engineering Firm in regards to review of the plans for the Water Plant Expansion. She said she will follow up on this matter. BILLS FOR APRROVAL Mr. Drasal presented the bills for approval. Vice Mayor Hults called for a Motion to approve the bills for payment. MOTION by Commissioner Clark/Commissioner Mumford: "Move the bills be paid". ROLL CALL on the Motion Carried 4 - 0. Commissioner Mumford, after ascertaining from Vice Mayor Hults that she should go ahead, asked "What's going on with John O'Grady?" She stated that she has received lots of letters, follow-up • letters, and she gets no information on the matter and his office is still there (In Holiday Inn). Mr. Sliney stated that he is not sure what the Town wants to do but if we want to bring the matter to a head we would have to bring a law suit against John O'Grady. Mrs. Roberts asked why we couldn't cite him for a violation of the ordinance? Commissioner Clark made the statement that he could not see that this was such a serious matter - he was sure that everyone was aware that there were alot of people in this Town who do business from one room in their home. Mr. Sliney's opinion was that it was a "gray line area" -- "the Holiday Inn was there and it was not going to go away and it would be necessary to rezone to reflect the reality of the situation". After much discussion, it was decided to go along with the matter as it is now until the Town Commission has a chance to look at the Preliminary Draft of the Comprehensive Land Use Plan which is to be presented to the Planning Commission • on Wednesday, November 17th, by Mr. Smoot, Planner. Minutes Highland Beach Town Commission Special Meeting • November 16, 1976 Page 5 of 5 Being no further business to come before the Commission, the meeting ADJOURNED at 10:45 A.M. ~J APPROVED: Absent) Ruth. E. Mumford, ommissioner ,{ /~ ~ .ate' 7 '~.t.J 4C~ L~; 3. :'fir,"~Z Leslie W. Joy, Com~~ss oner r ~ r _ C'l ; Morton i= y, Mayor ~r .~ , William S. Hults, Vice .Mayor Robert D. Clark, Commissioner ATTEST : Qz- Deputy own Clerk Dated: December 1, 1976 •