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HomeMy Public PortalAbout09 12 14 MeetingREGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 12, 2014 AT 4:00 P.M, IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. 1 Mayor Morgan called the meeting to order at 4:00 P.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Morgan. III. Roll Call. Present and Scott W. Morgan Mayor Participating: Robert W. Ganger Vice Mayor Joan K. Orthwein Commissioner Thomas M. Stanley Commissioner Donna S. White Commissioner Also Present and John Randolph Town Attorney Participating: William H. Thrasher Town Manager Rita L. Taylor Town Clerk Garrett J. Ward Police Chief Christopher O'Hare Town Resident Martin O'Boyle Town Resident Danny Brannon Engineer Patricia Randolph Town Resident Sandy Howard Town Resident Barbara Sloan Town Resident Keith Rizzardi Town Consultant IV. Minutes. A. Regular Meeting of July 11, 2014. Vice Mayor Ganger moved and Commissioner Orthwein seconded that the minutes of July 11, 2014 be approved and all voted AYE at roll call. B. Regular Meeting of August 8, 2011. Vice Mayor Ganger moved to approve the minutes of August 8, 2014 and Commissioner Orthwein seconded the motion. All voted AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk requested that Items IX.A and B be heard immediately -1 after the announcements, and there were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 12, 2014 @ 5:01 P.M. (Tentative Budget Hearing) 2. September 23, 2014 @ 5:01 P.M. (Final Budget Hearing) 3. October 10, 2014 @ 9 A.M. 4. November 14, 2014 @ 9 A.M. 5. December 12, 2014 @ 9 A.M. Mayor Morgan asked if anyone had a conflict with any of the listed Meetings and no conflicts were declared. Town Commission Regular Meeting And Public Hearing September 12, 2014 Recognizing the change in the agenda order, Mayor Morgan asked the Town Clerk to read Resolution No. 014 -05; A RESOLUTION OF THE TOWN COMMISSION OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, EXPRESSING APPRECIATION AND GRATITUDE TO EDWARD C. NAZZARO. The Town Clerk read Resolution No. 014 -05 in its entirety. Mayor Morgan, on behalf of the Town and himself, thanked Mr. Nazzaro for his tireless efforts in assisting the Town with its public records process. Vice Mayor Ganger moved for adoption of Resolution No. 014 -5 and Commissioner Orthwein seconded the motion with all voting AYE at roll Call. The Mayor called attention to the being presented for consideration please come forward. Public Records Compliance Policy and asked Mr. Keith Razzardi to Mr. Razzardi explained that the document basically reflects all of Mr. Nazzaro's work and the procedures that he helped the Town put into place as to how the Public Records Requests will be processed. He pointed out that the policy leaves room for discretion by the staff but gives a good understanding of the basic procedure that the Town is now implementing on a regular basis with all of the Public Records Requests. While being discretionary, it also allows the manager to make minor modifications to the document as necessary as this evolves to create an even better process for responding to the requests. Mayor Morgan thanked Mr. Razzardi for his assistance in preparing this Policy and asked if anyone had any questions regarding the policy. There being none, he asked for a motion. Commissioner Stanley moved to adopt the policy as presented and Com- Missioner Orthwein seconded the motion with all voting AYE at roll call. VII. Communication from the Public (5 min. maximum) Mayor Morgan asked if anyone from the public cared to speak and Mr. Martin O'Boyle came forward. Mr. O'Boyle asked if he would be permitted to speak on the subject of the budget when that item was presented and was told that he would be permitted to speak at that time. Mr. O'Boyle then asked "Does Gulf Stream believe in open and transparent government ?" After Mr. 2 Town Commission Regular Meeting And Public Hearing September 12, 2014 O'Boyle had repeated the same question several times, Mayor Morgan reminded him that he had been advised many times in a number of previous meetings that this period in the meeting is for comment, not a question and answer period. The Mayor then answered by stating "Of course we have open dialogue and open meetings, but if you'd like to continue to Q &A the commission, you'll have your time and we will continue to deal with it in the manner with which we have delt with it in the past. If you'd like to comment on that topic, you are certainly welcome to do it." Mr. O'Boyle held up what he stated to be a hand - written Confidentiality Agreement signed by the Mayor and asked "What is all this about ?" Mayor Morgan asked, "Do you want to talk about something else, Mr. O'Boyle? I am not going to engage in questions and answers. Please Take advantage of the opportunity to speak, voice your opinion. We Welcome it as we do from all of our residents." Mr. O'Boyle then asked Mr. O'Hare, a town resident in the audience, if he, since he is a party to the agreement, would object to the Mayor answering a question about the agreement and Mr. O'Hare answered he would not object. Mr. O'Boyle said, "This is signed by Ms. O'Connor, Christopher O'Hare, Scott Morgan, Lou Roeder, and Mark Hanna. Now at this meeting, I don't know what happened, but what I do know is, Ms. O'Connor went to the meeting. My son is a lawyer. He represents Mr. O'Hare and Ms. O'Connor knows that. She went there and she talked with Mr. O'Hare about consulting with my son, and that is a violation of rule 4 -4.2 of the Florida Bar Ethics. Now, if we can go beyond that, 4 -8 -3 requires that Mr. Randolph report this to the Bar, and I am going to ask you to kindly report it to the Bar. I'm going to ask you to provide me with evidence that you have done it by next Wednesday evening and, well, give me a reasonable date that you will do that. I want to be fair with you. If you don't, I will file an Ethics complaint against both you and Ms. O'Connor and, I thank you for all those questions you answered." Mayor Morgan thanked Mr. O'Boyle and then recognized Mr. O'Hare. Mr. O'Hare said he wished he had been able to speak regarding the Public Records Policy as he had hired some experts to look at it and there are 3 items included that have already been adjudicated by Judges that are in violation according to case law. The Mayor asked if anyone else cared to speak and Patricia Randolph was recognized. Ms. Randolph stated she lives at 3883 Gulf Stream Road, just around 3 Town Commission Regular Meeting And Public Hearing September 12, 2014 the corner from the Town Hall, in an apartment that overlooks the golf course. She explained that she moved to Gulf Stream 3 years earlier because of the quaint, family - oriented atmosphere. Ms. Randolph remarked that she enjoys having coffee on her balcony while watching the children on their way to school. She further remarked, "It's kind of like a time warp being back in the fifties when we watched Leave It To Beaver and Father Knows Best, our moral and behavioral compasses. So it was really an awakening when I saw signs flying over the beach using dirty, rude language. To beat that, the words turd and fart. What I'm talking about is one of the trucks parked in front of the Town Hall, in one of the spots right here. And, the kids walk from here around the corner to the school. In big, bold letters on a truck sign was the words douche bag. I think we were all brought up to know that rude, bathroom talk is simply wrong and will not be tolerated in our homes or in our schools. These are the rules children grow up with. Whoever is responsible for these vulgar, rude signs, please stop it. For the good of the Town, use the high ground. Set the right tone. Our children deserve better. They deserve to be respected. There should be no need for Legislation or lawsuits. We all know how to behave." Mayor Morgan thanked Ms. Randolph and asked if anyone else wanted to speak. Sandy Howard, 3883 Gulf Stream Road was recognized and made the following statement: "I've lived here for 15 years and absolutely love this town and all the people here. I just cannot believe how you can do to this great little town what you are doing. I have stage IV lung cancer and so I can't get out much. To have to watch the things that you do in the sky, and right out my window, I can't believe it. I've never seen anything like it in my life. I come from a lovely old town in Connecticut. There were no people like that. I don't know why you are so hateful of this place. You really must have a terrible thing going on in your head to make you make people so unhappy. I'm not allowed to ask questions, but it was going to be WHY? Why are you doing this to us? Putting douche bag on the streets, that's disgusting! At any rate, that's what I have to say and that's the way I feel." Mayor Morgan thanked Ms. Howard. J Barbara Sloan, a Town Resident, raised her hand and said, "I'll just say, ditto." VIII. Reports. A. Utility Undergrounding -Danny Brannon (Engineer) Mr. Brannon called attention to the handout showing the Phase 1 FP &L main systems are in place and homes are being connected. He added that they expect to finish by the end of the month, which includes the AT &T conduit, with the clean -up and restoration to be completed 4 Town Commission Regular Meeting And Public Hearing September 12, 2014 in the following 30 day period. He was pleased to report that Phase 1 continues to be under budget. Mr. Brannon advised that he is providing the Town Hall with a list of addresses as they are connected to the system. Mr. Brannon further reported that FP &L expects to be finished with -� Their drawings for Phase 2 by the end of the month, after which it will be put out to bid with a 30 day notice, which is standard practice. He expected Phase 2 to be completed in 2016. B. Town Manager Mr. Thrasher advised he had no report. C. Architectural Review & Planning Board 1. Meeting Dates a. September 18, 2014 @ 8:30 A.M. b. October 23, 2014 @ 8:30 A.M. C. November 20, 2014 @ 8:30 A.M. d. December 18, 2014 @ 8:30 A.M. e. January 22, 2015 @ 8:30 A.M. f. February 26, 2015 @ 8:30 A.M. D. Finance Director 1. Financial Report a. July 2014 b. August 2014 2. Water Usage as of July 31, 2014 Town Manager Thrasher asked that the three reports be accepted as submitted and there were no objections. E. Police Chief 1. Activity a. For July 2014 b. For August 2014 Chief Ward asked that these reports be accepted as submitted and there were no objections. IX. Items for Commission Action. A. Resolution No. 014 -05; A RESOLUTION OF THE TOWN COMMISSION OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, EXPRESSING APPRECIATION AND GRATITUDE TO EDWARD C. NAZZARO. This Resolution was adopted earlier in the meeting. B. Public Records Compliance Program This Compliance Program was unanimously adopted earlier in this meeting. C. Allocation of 2015 Justice Assistance Grant Funds Town Manager Thrasher explained that these grant funds are for Palm Beach County and the distribution that is being recommended in this Document must be approved by at least 51% of the county population in Order for the county to receive them. Vice Mayor Ganger moved that the allocation of the 2015 Justice Assistance Grant Funds be approved. Commissioner Orthwein seconded the motion and all voted AYE at roll call. 5 Town Commission Regular Meeting And Public Hearing September 12, 2014 D. Resolution No. 014 -06; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND for A.D.A. MODIFICATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014; PROVIDING AN EFFECTIVE DATE. The Resolution was read in its entirety by the Town Clerk. Vice Mayor Ganger moved the adoption of Resolution No. 014 -06, seconded by Commissioner Orthwein, and all voted AYE at roll call. E. Items by Mayor and Commissioners There were no items by the Mayor or the Commissioners. X. Adjournment. )IA Rita L. Taylor Town Clerk IM