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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. 4 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 3 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. 4 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 5