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HomeMy Public PortalAbout01 12 18 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN OCOMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 12, 2018 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. i 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 Paul A. Lyons, Jr. Commissioner Joan K. Orthwein Commissioner Donna S. White Commissioner Also Present & Gregory Dunham Town Manager Participating: Edward Nazzaro Staff Attorney Edward Allen Police Chief Rita Taylor Town Clerk Absent W/Notice: John Randolph Town Attorney IV. Minutes. A. Regular Meeting of December 8, 2017. O Vice Mayor Stanley moved to approve the minutes of December 8, 2017 and Commissioner Orthwein seconded the motion with all voting AYE at the roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk asked to remove Item VIII.B.1., to move Item VIII.A. (Florida Power & Light Executives) to be heard immediately after Item VI., and to move Item VIII.C.2., Town Hall Addition Update as presented by Architect Mark Marsh, to be heard immediately after the report from the Florida Power & Light Executives. There were no objections to these changes in the Agenda. VI. Announcements. A. Regular Meetings and Public Hearings 1. February 9, 2018 at 9:00 A.M. 2. March 9, 2018 at 9:00 A.M. O 3. April 13, 2018 at 9:00 A.M. 4. May 11, 2018 at 9:00 A.M. 5. June 8, 2016 at 9:00 A.M. 6. July 13, 2018 at 9:00 A.M. VIII A. John Leahr, F.P.&L. Representative in charge of the Undergrounding Projects in Florida reported that early in November they had begun to issue switching orders and discovered that there were 5 transformers that had to be removed from their original design due to residents failing to grant easements for their placements. As a result, the original design had to be redone to accommodate the changes. He said Minutes of Town Commission Regular Meeting & Public Hearing of 1-12-18 at 9:00 A.M. Othe changes did not match with the switching and they are now in the process of working out these problems and the switching orders will not be released until everything matches. He further stated that when this has been worked out, the Towns contractor will then have to come back to complete the work. OMr. Leahr reported that since F.P.&L. has decided to harden all of their feeder network, all existing poles will be removed at their expense. He said that he will be recommending that F.P.&L. give a credit to the Town since the Town was charged up front for the pole removal. Mayor Morgan thanked both Mr. Leahr and Robert Weiss for their cooperation in the undergrounding process. VIII.C.2. Mark Marsh, Architect with Bridges & Marsh, reported that the construction of the addition to Town Hall has been very slow. He said that due to soil conditions they have changed the design of the foundation that was originally planned to be the same type that the current building has. He said that at the time, the contractor advised that the cost would be about the same. He went on to advise that the first change order had just been received and the amount to cover this is considered to be unreasonable. Mr. Marsh said he had called a meeting with the parties involved and Mayor Morgan and the contractor was Oadvised that the Town was calling on a 3rd party to review the costs and make some comparisons. He said when this is completed he will report back to the Mayor and Manager. He said this is a low bid award and this situation is indicative of low bidders. He believed it will be worked out and there will be a superior building. VII. Communication from the Public (3 min. maximum) Mr. Anthony Grazziano called attention to the muddy conditions along the rights-of-way in the Core District. He pointed to the roads being too narrow, plantings in some of the rights-of-way making them more narrow and the poor drainage. He questioned how long the town would go on having the roads ripped up and looking so shabby just because there has been rain and some construction projects. VIII. Reports. A. Utility Undergrounding-Florida Power & Light Representative This item was previously heard. B. Attorney ,tel 1. Public Records Settlement Offer This item was removed from the agenda. 2. Authorizing Attny. Representation for former Vice Mayor Staff Attorney Nazzaro called attention to his memo that requested attorney representation for former Vice Mayor Robert Ganger who has been noticed for a deposition in one of the Town's Public ^ Records cases. He pointed out that Mr. Ganger was Vice Mayor at the time Jthis suite was filed and that the basis for this law suit is a public records request for records of a public official. 2 Minutes of Town Commission Regular Meeting & Public Hearing of 1-12-18 at 9:00 A.M. O Mayor Morgan pointed out that Mr. Ganger has worked diligently for the Town of Gulf Stream and the entire barrier island and that it is unfortunate that he has been harassed by Mr. O'Boyle ever since he suffered the stroke. He urged the Commission to authorize the representation. Commissioner Orthwein agreed and moved to authorize Attorney Representation for Mr. Ganger. Commissioner Lyons seconded the Umotion and all voted AYE at roll call. 3. Proposed regulation of makeshift hurricane protection Staff Attorney Nazzaro called attention to the draft Ordinance he prepared to addresses makeshift hurricane protection devices that are left in place after the storm. He then distributed language that would regulate all hurricane shutters in the event that the Commission was interested in regulating more than the makeshift coverings. He added that he would prepare an ordinance to be considered at the next meeting that would contain the provisions that they prefer. In discussion it was pointed out that many are converting to impact windows and that there are fewer and fewer hurricane shutters. All agreed that the document controlling the makeshift hurricane protection would be all that is needed and Mayor Morgan directed the Attorney to prepare the document for presentation at the February meeting. C. Town Manager O 1. ARPB Assignment Re: Chap. 70 -Discouraged Items Mr. Dunham said the members of the ARPB understand the assignment and it will be an item on each months agenda until they have completed a review of all of the Design Districts. 2. Update -Town Hall addition This item was heard earlier on the agenda. 3. Capital Improvement Plan Update Town Manager Dunham said this project was expected to take 4 months and at the end of two months Mathews Engineering has completed the data collection and are wrapping up the water modeling and beginning the draft report. He said there is a possibility that may attend the February meeting and present some of their conclusions. D. Architectural Review & Planning Board 1. Meeting Dates a. January 25, 2018 at 8:30 A.M. b. February 22, 2018 at 8:30 A.M. c. March 22, 2018 at 8:30 A.M. d. April 26, 2018 at 8:30 A.M. e. May 24, 2018 at 8:30 A.M. f. June 28,2018 at 8:30 A.M. E. Finance Director 1. Financial Report for December 2017 Mayor Morgan asked if there were any questions regarding the Financial Report and there were none and the report was accepted as submitted. 1 F. Police Chief �J 1. Activity for December 2017 3 Minutes of Town Commission Regular Meeting & Public Hearing of 1-12-18 at 9:00 A.M. OChief Allen asked that the report be accepted as presented. There were no questions and Mayor Morgan declared the report be accepted as presented. IX. Items for Commission Action. A. RESOLUTION NO. 18-01; A Resolution of the Town of Gulf O Stream, Florida, opposing legislative efforts to impede the constitutional right Florida's citizens have enjoyed for nearly 50 years to govern themselves under municipal home rule powers; opposing the legislature's persistent intrusion into local finances, which are necessary to provide financial stability and essential services uniquely required by municipal residents and local businesses; directing town administration to transmit a certified copy of this resolution to the Florida League of Cities, the Palm Beach County Legislative Delegation and any other interested parties; providing for conflicts; providing for severability; and providing an effective date. Town Clerk read Resolution No. 18-01 by title and Mayor Morgan pointed out that these are constitutional rights that were granted to the municipalities many years ago and the legislature has been picking away at them over the years. He observed that the Florida League is fighting to protect our Home Rule rights and he strongly believed that Othe Towns should support these efforts. Commissioner Orthwein moved to approve Resolution No. 18-01 and Commissioner White seconded the motion with all voting AYE at roll call. B. Items by Mayor & Commissioners There were no items from the Mayor or Commissioners. X. Adjournment. Mayor Morgan adjourned the meeting at approximately 9:55 A.M. ?-Zt Rita L. Taylo—at Town Clerk N • 4