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Home My Public Portal About10 14 16 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 14, 2016 AT 9:00 A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Morgan called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Mayor led the Pledge of Allegiance. III. Roll Call. Present and Participating Also Present & Participating: IV. Minutes. Scott W. Morgan Thomas M. Stanley Paul A. Lyons, Jr. Joan K. Orthwein Donna S. White John Randolph William Thrasher Rita Taylor Edward Allen Patricia Randolph Kristine DeHaseth Anthony Graziano Christopher O'Hare Mayor Vice Mayor Commissioner Commissioner Commissioner Town Attorney Town Manager Town Clerk Acting Police Chief Town Resident Representing Mr.Ganger Town Resident Town Resident A. Regular Meeting of 9-9-16. B. Tentative Budget Public Hearing 9-9-16 C. Special Meeting 9-9-16 (Closed Door Session, O'Hare Cases) D. Special Meeting 9-9-16 (Closed Door Session, O'Boyle Case) E. Final Budget Public Hearing 9-20-16 Commissioner White called attention to a typo in Item IV.A. The ad valorem taxable value should read $1,020,616,589. Commissioner Orthwein moved to approve the minutes as amended for all five meetings and Commissioner Lyons seconded the motion with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were none requested. O VI. Announcements. A. Regular Meetings and Public Hearings 1. November to be determined. The Town Clerk advised that the regular meeting date for November is 11-11-16 which is "Veterans Day" and the office will be closed. She suggested the meeting be held on Thursday, November 10, 2016 at 9:00 A.M. and all agreed to the change. 2. December 9, 2016 @ 9:00 A.M. 3. January 13, 2017 @ 9:00 A.M. 4. February 10, 2017 @ 9:00 A.M 1 Town Commission Regular Meeting S Public Hearing Oct. 14, 2016at 9:00 A.M. 5. March 10, 2017 @ 9:00 A.M. VII. Communication from the Public (3 min. maximum) Patsy Randolph thanked the Staff and Police Officers for taking care of the Town through Hurricane Matthew. Kristine DeHaseth from the Florida Colation requested, on behalf of former Commissioner Ganger, a partial reimbursement of $2,355.00 for ®legal fees, less than one third of the total, related to a law suite brought against the Town by Mr. O'Boyle. Mayor Morgan directed that this matter be moved to the first item under IX. Items for Commission Action. Anthony Graziano observed that there seems to be gap in the protection of the elected officials and he suggested that a solution to correct this be researched. The Mayor explained that this was an unusual situation in that Mr. Ganger was seeking a protective order from deposition under doctor's orders. Christopher O'Hare found it troubling that Mayor Morgan answered a question from Mr. Graziano while he has been told that these meetings are not the proper venue for questions and answers. VIII. Reports. A. Utility Undergrounding-Danny Brannon (Engineer) In the absence of Mr. Brannon, Mayor Morgan reported that Phase One of the undergrounding is complete but replacement of the street lighting along AlA from Pelican Lane to Golfview Drive is yet to be done. He said that the FP&L drawings were completed last week but the DOT Permit that is required has been delayed because of the storm, but it is estimated that permit will be forthcoming in January. The Mayor commented that in the past, even with the slightest breeze, power would be lost whereas there was no interruption with the 40 plus mile per hour winds from Matthew in the area where the undergrounding has been completed. B. Town Manager The Town Manager had no report. C. Architectural Review & Planning Board 1. Meeting Dates a. October 27, 2016 @ 8:30 A.M. b. November 17, 2016 @ 8:30 A.M. c. December 15, 2016 @ 8:30 A.M. d. January 26, 2017 @ 8:30 A.M. e. February 23, 2017 @ 8:30 A.M. Of. March 23, 2017 @ 8:30 A.M. D. Finance Director 1. Financial Report for September 2016 Mr. Thrasher advised that this report does not include the year end accruals but he expects those will be added in November and the Town will be ready for the arrival of the auditors in December. He added that the auditors have been delayed in their arrival the past 2 years due to GASB changes that have required additional field work. He believed that it would be at least March before the Town will have a firm figure in answer to a question from Vice Mayor Stanley. 2 Town Commission Regular Meeting 6 Public Hearing Oct. 14, 2016at 9:00 A.M. 2. Water Usage Report as of September 30, 2016 There were no comments regarding this report. E. Police Chief 1. Activity for September 2016 Acting Chief Allen asked that this report be accepted as submitted, adding that the bullet proof vests that were approved have arrived and are in use. He reported that the officers are very appreciative of having received the appropriation for these and they are a very big improvement over the old vests. IX. Items for Commission Action. A. Consideration of Reimbursement of Legal Fees to Mr. Ganger. In answer to questions from the Commission, Ms. DeHaseth said the total bill was approximately $12,000 which she had been able to negotiate down to $7,000 resulting in Mr. Ganger assuming approximately $5,000. Commissioner Orthwein moved to defer this matter to the November meeting. The motion was seconded by Commissioner White and all voted AYE at roll call. B. Appointment of ARPB Regular Member Mayor Morgan advised that due to Mr. Lyons being appointed to serve on the Town Commission, a vacancy has been created on the ARPB. Commissioner Orthwein moved to appoint Curtiss Roach, an Alternate Member on the ARPB, to serve as a Regular Member of the ARPB and the motion was seconded by Mr. Lyons with all voting AYE. The Mayor directed that the appointment of an Alternate Member be placed on a future agenda for Commission action. C. Hourly Rate Modification -Jones, Foster, Johnston, Stubbs P.A. Town Attorney Randolph explained that his rate to the Town has been $235 per hour since August 1, 2008 and his firm is requesting that it be increased to $250.00. It was pointed out that his standard rate is $525 but the $250 is the municipal rate charged. Christopher O'Hare, commenting that there are a number of different persons employed by Jones, Foster, asked if the Town would be charged $250 per hour for each to which Mr. Randolph replied that each person would be paid at the rate established for their position in the firm. Commissioner Orthwein moved to approve the increase for Jones, Foster to $250 per hour as requested which was seconded by Commissioner White with all voting AYE at roll call. D. Resolution No. 16-10; A RESOLUTION OF THE TOWN COMMISSION OF O THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017; PROVIDING AN EFFECTIVE DATE. The Town Clerk read Resolution No. 16-10 in its entirety. Town Manager Thrasher reported that he has hired Edward "Trey" Nazzaro as Staff Attorney. He reminded that Trey had worked in Gulf Stream as an intern working at Jones, Foster and was instrumental in creating the 3 Town Commission Regular Meeting & Public Hearing Oct. 14, 2016at 9:00 A.M. n Public Records Compliance Program. Mr. Thrasher pointed out that having �` a staff attorney will be a large cost savings for the Town in that his loaded hourly rate is $61.77 when compared to the $250 hourly rate of Jones, Foster. The Town Manager believed that this savings will result in making it possible to lower the millage in the 2017/2018 budget to below 4 mills. Mr. Thrasher explained that Resolution No. 16-10 is the budget adjustment that is needed to cover Mr. Nazzaro's compensation, emphasizing that this does not increase the expenditures in the budget but removes $133,483 from what was budgeted for "contract" legal services and establishes an in-house legal department. Vice Mayor Stanley moved to approve the creation of the position of Staff Attorney and the hiring of Mr. Nazzaro and Commissioner Orthwein seconded the motion with all voting AYE at roll call. Vice Mayor Stanley then moved to approve Resolution No. 16-10 with Commissioner Orthwein seconding the motion and all voting AYE at the roll call. E. Emergency Regulation of Construction Sites Mayor Morgan called attention to pictures on the screen that show a construction site in Gulf Stream before Hurricane Matthew and after the storm. He pointed out that there was much debris in the Odumpster and some scattered about that could become projectiles in a strong wind. He believed construction site safety is something that should be addressed and asked that the Commission consider modifying the existing Construction Site Management Handbook to give the Town Manager the reasonable discretion, within 72 hours of a storm proposed for landing, to order construction sites to be cleaned up, dumpsters removed and roof tiles removed. The consensus of the Commission was to have the staff, including Mr. Nazzaro, to investigate what should be done, what would be possible and practical to do and what methods could be used for implementation. At the request of Mr. Thrasher, Mayor Morgan gave the thumb drive with the pictures to the Town as a public record. F. Items by Mayor & Commissioners There were no items from the Commissioners. X. Adjournment. Mayor Morgan adjourned the meeting at 10:00 A.M. Rita L. Taylor, Town Clerk 0