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Home My Public Portal About09 09 16 MeetingC N MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 9, 2016 AT 4:00 P.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 4:10 P.M. II. Pledge of Allegiance. The Mayor led the Pledge. III. Roll Call. Present and Scott W. Morgan Mayor Participating: Thomas M. Stanley Vice Mayor Paul A. Lyons, Jr. Commissioner Joan K. Orthwein Commissioner Donna S. White Commissioner Also Present & John Randolph Town Counselor Participating William Thrasher Town Manager Rita Taylor Town Clerk Edward Allen Acting Police Chief Christopher O'Hare Town Resident Mayor Morgan welcomed Mr. Lyons as a new member to the Commission. IV. Minutes of the Regular Meeting of August 12, 2016. Vice Mayor Stanley moved and Commissioner Orthwein seconded to approve the minutes of August 12, 2016 and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were two items added under Items for Commission Action. VI. Announcements. A. Regular Meetings and Public Hearings 1. October 14, 2016 @ 9:00 A.M. 2. November to be determined. 3. December 9, 2016 @ 9:00 A.M. 4. January 13, 2017 @ 9:00 A.M. 5. February 10, 2017 @ 9:00 A.M B. Budget Public Hearings 1. September 9, 2016 @ 5:01 P.M. 2. September 20, 2016 @ 5:01 P.M. Mayor Morgan called special attention to the Budget will be held a 5:01 P.M. this date and that there will be budget meeting on September 20, 2016 at 5:01 P.M. Meeting that the final VI. Communication from the Public (3 min. maximum) Christopher O'Hare inquired if there would be an opportunity for members from the public to speak during the budget hearing and was advised there would be. He further commented that when he reviewed invoices from Attny. Richman he noted the hours expended were not itemized. Town Commission Regular Meeting & Public Hearing September 9, 2016 at 4:00 p. m. VIII. Reports. A. Utility Undergrounding-Danny Brannon (Engineer) Mayor Morgan, on behalf of Mr. Brannon, advised that the necessary surveying in connection with the undergrounding has been underway and the actual boring and installation of the conduit will commence on Monday. He noted the locked container to house the copper wire has been delivered and he is expecting that the contractor will expedite the project. B. Town Manager There was no report from the Town Manager. C. Architectural Review & Planning Board 1. Meeting Dates a. September 22, 2016 @ 8:30 A.M. b. October 27, 2016 @ 8:30 A.M. c. November 17, 2016 @ 8:30 A.M. d. December 15, 2016 @ 8:30 A.M. e. January 26, 2017 @ 8:30 A.M. f. February 23, 2017 @ 8:30 A.M. These meeting dates of the ARPB were noted. D. Finance Director 1. Financial Report for August 2016 Commissioner White asked for an explanation of an item entitled "Deposit: Damage Bond/Plans in the amount of $62,500 and Mr. Thrasher explained that this is the total amount that has been collected from contractors that will cover damages to public or private property that the contractor is responsible for. When the work has been completed and a completion certificate has been issued, the contractor may request that any of their deposit that was not used be returned to them. There being no further questions, the Mayor declared the report accepted as submitted. E. Acting Police Chief 1. Activity for August 2016 Acting Chief Allen asked that the report be accepted as distributed and there being no questions, the Mayor declared it accepted as submitted. IX. Items for Commission Action. A. Resolution No. 16-3; A RESOLUTION OF THE TOWN COMMJISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, NAMING AUTHORIZED SIGNATORIES FOR THE TOWN OF GULF STREAM BANK O ACCOUNTS; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Taylor read Resolution No. 16-3 wherein all 5 Town Commissioners, the Town Manager and the Town Clerk were named as authorized signatories for all bank accounts in the name of the Town of Gulf Stream. Vice Mayor Stanley moved for the adoption of Resolution No. 16-3, Commissioner Orthwein seconded the motion and all voted AYE at roll call. B. Agreement for General Engineering Services -Mathews Consulting 2 Town Commission Regular Meeting & Public Hearing September 9, 2016 at 4:00 p. m. Mayor Morgan explained that this is a long standing Agreement with Mathews Consulting and they have now merged with another company and are changing their name to Mathews Consulting, a Baxter & Woodman Company. This agreement is documenting the merger and name change and providing the current rate schedule. Mr. O'Hare believed that one of the provisions in State Statute 119, a ®public records statute, has been left out of this agreement. Attny. Randolph explained that this original agreement was put in place prior to the adoption of this State Statute and this document is only for the change in the name of the company. Vice Mayor Stanley moved to approve the agreement as submitted subject to an administrative change so as to comply with Statute 119 and that the Mayor be authorized to execute same. Commissioner Orthwein seconded the motion and all voted AYE. C. Items by Mayor & Commissioners There were no items by Mayor and Commissioners. D. Mayor Morgan asked Attorney Randolph to address this item. Attorney Randolph explained that he is need of advice from the Commission in regard to several cases listed on Exhibit A of the amended agenda, all of which are Christopher F. O'Hare vs Town of Gulf Stream, numbered as follows: 502014CA000635AB, 502014CA001776AJ, 502014CA01833AJ and 502014CA002311AN. He asked that the Commission give consideration to scheduling a closed door Attorney/Client Session in order to give him the advice he is seeking regarding these cases which are pending in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. He asked that discussion of these matters begin immediately following the regular meeting and public hearing of the Town Commission scheduled for 5:01 p.m. on this date, in the Town Commission Chambers at 100 Sea Road, Gulf Stream, Florida. He said the following persons would be in attendance: Mayor Scott W. Morgan; Vice Mayor Thomas M. Stanley; Town Commissioners Paul A. Lyons, Jr., Joan K. Orthwein, and Donna S. White; Town Manager William H. Thrasher, Town Attorney John C. Randolph; Attorney Robert A. Sweetapple and Court Reporter from Pleasanton & Marsaa Court Reporting. Commissioner Orthwein moved to hold a closed door Attorney/Client Session immediately following the public hearing of the Town Commission scheduled for 5:01 p.m. on this date in the Town Commission Chambers, O100 Sea Road, Gulf Stream, Florida and the motion was seconded by Commissioner White with all voting AYE at roll call. E. Attorney Randolph stated he is in need of advice from the Commission in regard to the case of Martin E. O'Boyle vs Town of Gulf Stream case No. 502014CA004474AG, which is pending in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. He requested that the Commission move to have a closed door Attorney/Client Session immediately following the Attorney/Client Session scheduled to commence immediately following the regular meeting and public hearing scheduled for 5:01 p.m. this date in the Town 3 Town Commission Regular Meeting & Public Hearing September 9, 2016 at 4:00 p. m. Commission Chambers, 100 Sea Road, Gulf Stream, Florida. He said the persons in attendance would be Mayor Scott W. Morgan; Vice Mayor Thomas M. Stanley; Town Commissioners Paul A. Lyons, Jr., Joan K. Orthwein, and Donna S. White; Town Manager William H. Thrasher, Town Attorney John C. Randolph; Attorney Robert A. Sweetapple and Court Report from Pleasanton & Marsaa Court Reporting. ®Commissioner Orthwein moved to hold a closed door Attorney/Client Session immediately following the Attorney/Client Session scheduled to commence immediately following the public hearing of the Town Commission scheduled for 5:01 p.m. on this date in the Town Commission Chambers, 100 Sea Road, Gulf Stream, Florida. Commissioner White seconded the motion and all voted AYE at the roll call. X. Adjournment. Mayor Morgan adjourned the meeting at 4:25 p.m. 2 Rita L. Tay', Town Clerk N 0 0 N AMENDED The Regular Meeting Agenda for September 9 2016 is hereby AMENDED to include the following items: Consideration of scheduling a closed door Attorney/Client Session regarding the cases listed on Exhibit "A" attached hereto which are pending in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. Discussion of these matters to begin immediately following the regular meeting and public hearing of the Town Commission scheduled for 5:01 p.m. on September 9, 2016, in the Town Commission Chambers, 100 Sea Road, Gulf Stream, Florida. ` Attorney/Client Session Attendees: Mayor Scott W. Morgan; Vice Mayor Thomas M. Stanley; Town Commissioners Paul A. Lyons, Jr., Joan K. Orthwein, and Donna S. White; Town Manager William H. Thrasher, Town Attorney John C. Randolph; Attorney Joanne M. O'Connor; Attorney Robert A. Sweetapple and'Court Reporter from Pleasanton & Marsaa Court Reporting. AND Consideration of scheduling a closed door Attomey/Client Session regarding the case of Martin E. O'Boyle vs Town of Gulf Stream Case No. 502014CA004474AG, pending in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County Florida. Discussion if this matter to begin immediately following the Attorney/Client Session sceduled to commence immediately following the regular meeting and public hearing of the Town Commission scheduled for 5:01 p.m. on September 9, 2016, in the Town Commission Chambers, 100 Sea Road, Gulf Stream, Florida. Attorney/Client Session Attendees: Mayor Scott W. Morgan; Vice Mayor Thomas M. Stanley; Town Commissioners Paul A. Lyons, Jr., Joan K. Orthwein, and Donna S. White; Town Manager William H: Thrasher, Town Attorney John C. Randolph; Attorney Joanne M. O'Connor; Attorney Robert A. Sweetapple and Court Reporter from Pleasanton & Marsaa Court Reporting. +.i