HomeMy Public PortalAbout6 09 2017 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JUNE 9, 2017 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
Scott W. Morgan
Mayor
Participating:
Thomas M. Stanley
Vice Mayor
Joan K. Orthwein
Commissioner
Donna S. White
Commissioner
Absent with
Paul A. Lyons, Jr.
Commissioner
Notice:
John Randolph
Town Attorney
Also Present &
Edward Nazzaro
Staff Attorney
Participating:
Gregory Dunham
Town Manager
Edward Allen
Police Chief
Rita Taylor
Town Clerk
IV. Minutes of the Regular Meeting of May 12, 2017.
Vice Mayor Stanley moved to approve the minutes as circulated and
the motion was seconded by Commissioner Orthwein with all voting AYE at
the roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
A. Consideration of Settlement In Relation To O'Hare Public
Record's Cases.
Mayor Morgan advised that Attorney Sweetapple would be
addressing this item and asked that the item be moved to Item IX.C.,
since Attorney Sweetapple had not yet arrived. There were no objections.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. July 14, 2017 @ 9:00 A.M.
2. August 11, 2017 @ 9:00 A.M.
3. September 8, 2017 @ 9:00 A.M.
4. October 13, 2017 @ 9:00 A.M.
5. November to be determined.
6. December 8, 2917 at 9:00 A.M.
These dates were so noted.
VII. Communication from the Public (3 min. maximum)
Robert Ganger, Chairman of the Coalition for Preservation,
advised that the Executive Secretary had planned to attend this meeting
but is out of town due to illness in the family. He explained there is a
desire to explore improving the FIRE/EMS services on the barrier island
which would include where the facilities would be located and at what
cost. Some of the possibilities are Briny Breezes, Ocean Ridge or some
location that has not yet been thought of, he said. He added that this
Town Commission Regular
Meeting & Public Hearing
June 9, 2017 @ 9:00 A.M.
would be a follow up to the study that was held last year. Since this is
a budget year coming up, the plan is to speak to all Town Managers to
determine their level of interest in participating financially in a
study that is yet to be formulated. He pointed out that it is important
that this future need be recognized by the towns on the barrier island
with a line item on the budgets that will have the first presentation at
a July meeting. He added that this study may be funded by the Coalition,
at least in a meaningful way. Mr. Ganger said this need could be as far
away as 5 years but when Boynton redevelops under their new zoning, it
will be critical that the barrier island be prepared to address the
impact this will have on the island.
In answer to questions from the Mayor, Mr. Ganger said this study will
explore the possibility of other locations as well as the operations
being the responsibilities of someone other than the towns on the
barrier island, along with cost estimates. He suggested that a line
item of fifteen or twenty thousand be included in 2017/2018 budgets.
Julio Martinez was recognized and welcomed Mr. Dunham as the new Town
Manager. He reported that he was pleased that he had the opportunity to
become acquainted with the citizens east of the Intracoastal through
contacts he made while campaigning for a seat on the Commission. Mr.
Martinez, at the end of the meeting, congratulated and thanked Mayor
Morgan and Mr. Snavely for their efforts and success in reducing the
impact of the proposed building on the property to the south of Place au
Soleil.
VIII. Reports.
A. Utility Undergrounding-Danny Brannon (Engineer)
Town Manager Dunham, in the absence of Mr. Brannon, reported
that Phase 1 is complete with the exception of one remaining pole which
still has Comcast wiring in place. With regard to Phase 2, the
contractor's representative has stated it is 98% complete but Mr. Dunham
felt there may be a little more to do. He said there are 5 more
crossings to complete across AlA, all of Little Club Road, street
lighting and powering up. He added there are also 2 or 3 individual
transformer problems to be resolved.
B. Town Manager
1. Budget Update for 2017-2018 Fiscal Year
The Town Manager said the proposed budget would be
presented at the July meeting, at which time the proposed millage would
be established and sent to the Property Appraiser. He reminded that the
millage could be lowered at subsequent meetings but could not be raised
above the figure that was set at the July meeting. Mr. Dunham said that
thus far, he has been reviewing past budgets to determine what future
plans and goals the Commission had decided on. He said that the Property
Appraiser's Estimate of Taxable Value for 2017/2018 is $1,054,569,240 as
compared to the final value for 2016 of $1,023,538,503. He further said
the rolled back millage rate for 2016/2017 was 4.7684 and that the
Commission ultimately approved a millage rate of 4.49 for 2016/2017. Mr.
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Town Co=ission Regular
Meeting & Public Hearing
June 9, 2017 @ 9:00 A.M.
Dunham explained that if the 4.49 rate were to be applied this estimate,
the proceeds would be $4,595,687. The Town Manager reminded that we
would be receiving a Certified Taxable Value on June 28, 2017 along with
a rolled back rate for this year. He believed that figure would be 4.37
which would generate the same amount of revenue as was generated in this
current budget. Mr. Dunham felt certain that next years millage would be
under the rolled back rate.
The Town Manager reminded that a proposed millage rate would be decided
at the July 14, 2017 regular meeting. There will then be two public
hearings in September that must be held after 5:00 P.M. and the first of
those, in order to meet the allotted time schedule, should be held
during the first week in September. He suggested that the regular
September meeting be held at 4:00 P.M., followed by the budget Public
Hearing at 5:01 P.M. Mayor Morgan said he would not be available on
Friday the 8th of September and both Commissioner Orthwein and
Commissioner White would not be available that week. Vice Mayor Stanley
said he would be available on Tuesday, Wednesday and Thursday up to
November 2017. Mayor Morgan suggested that the first meeting be
tentatively scheduled for September 7, 2017 at 4:00 P.M. and 5:01 P.M.
for the budget hearing provided Commissioner Lyons can be present.
The Town Manager then suggested that the second public hearing be held
on Tuesday, September 26, 2017 at 5:01 P.M.
Town Manager Dunham advised that a request for bids for the construction
of the addition on town hall will be published on Sunday, June 12 and
Wednesday June 14, with the public bid opening to be held on July 12,
2017 at 2:00 P.M. He said that the bids would be reviewed by a committee
consisting of the Town Manager, Staff Attorney, Town Clerk and Thomas
Smith, Vice Chairman of the ARPB, and a recommendation will be forwarded
to the Town Commission for their consideration and award. It was agreed
that a Special Meeting would be held for the award of the bid and would
most likely be during the week of July 17, 2017.
The Town Manager said the paving is expected to commence the middle of
July. He added that he was pleased to see that the Town's drainage
worked very well during the past rain storm and that the accumulation
cleared in a short time with only one property being impacted.
C. Architectural Review & Planning Board
1. Meeting Dates
a. June 22, 2017 @ 8:30 A.M.
b. July 27, 2017 @ 8:30 A.M.
c. No August Meeting
d. September 28, 2017 @ 8:30 A.M.
e. October 26, 2017 @ 8:30 A.M.
f. November to be determined
These dates were noted.
D. Finance Director
1. Financial Report for May 2017
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Town Commission Regular
Meeting & Public Hearing
June 9, 2017 @ 9:00 A.M.
2. Water Usage as of May 31, 2017
There were no questions regarding either of these reports
and Mayor Morgan declared both accepted as submitted.
E. Police Chief
1. Activity for May 2017
Chief Allen asked that his report be accepted as submitted
and there being no questions, Mayor Morgan so declared.
IX. Items for Commission Action.
A. Designation of Voting Delegate -Florida League of Cities
Vice Mayor Stanley moved to designate Town Manager Dunham as
the voting delegate at the Florida League of Cities Conference and
Commissioner White seconded the motion with all voting AYE.
B. Items by Mayor & Commissioners
There were no items from the Mayor or the Commissioners.
C. Settlement with Christopher O'Hare.
Special Counsel Robert Sweetapple was recognized and reported
that Counsel for Mr. O'Hare is holding in escrow a release and agreement
that will be delivered to the Town contingent on the Town issuing a
release to Mr. O'Hare. He briefly described the terms of the documents
as the dismissal by Mr. O'Hare of the approximately 36 actions in terms
of appeals and lawsuits which includes all litigation, not just public
records matters.
The Counselor said that the release Mr. O'Hare has executed releases the
Town, all of it's agents, officers, attorneys, the insurance carrier
including Florida Municipal Insurance Trust and the Florida League of
Cities from any and all claims. However, Mr. O'Hare did not release the
Wantman group, a surveying company that has sued him, but did indemnify
the Town in the event the Wantman Group ever sued the town as a result
of Mr. O'Hare's claims, Mr. O'Hare would have to pay all of the Town's
damages and attorney fees.
In addition, Mr. O'Hare is withdrawing all of his public records
requests and is agreeing to execute all documents necessary in order to
terminate all pending trial and appellate litigation. In the event there
is any future litigation between Mr. O'Hare and the Town, each party is
waving any claim to attorney fees and costs with the exception of a
sanction for bad faith conduct. Should Mr. O'Hare make any future public
records requests, he will be required to pay $250.00 at the time he
makes the request to be used to cover any costs, he said.
Attorney Sweetapple said the town would be providing a release to Mr.
O'Hare for any claims against him, his agents or attorneys resulting
from his litigation. He complimented everyone involved in these matters
adding that he was very pleased with this settlement.
Mayor Morgan expressed his appreciation to all involved and to the
entire town for standing by these actions over the past four years.
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Town Commission Regular
Meeting & Public Hearing
June 9, 2017 @ 9:00 A.M.
Vice Mayor Stanley moved to approve the settlement with Mr. O'Hare as
presented and to authorize the Mayor to sign any collateral documents
that may be necessary to effect these releases. Commissioner Orthwein
seconded the motion and all voted AYE at the roll call.
X. Adjournment.
Mayor Morgan adjourned the meeting at 9:50 A.M.
Z
Rita L. Taylor
Town Clerk
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