HomeMy Public PortalAbout02 14 14 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 14, 2014 AT 9:00
A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
II
Call to Order: Mayor Orthwein called the meeting to order at 9:02 A.M.
Pledge of Alle ig ance: The Pledge of Allegiance was led by Mayor Orthwein.
III. Roll Call:
Present and
Participating
Also Present and
Participating
Joan K. Orthwein
Mayor
Thomas M. Stanley
Vice -Mayor
W. Garrett Dering
Commissioner
Robert W. Ganger
Commissioner
Donna S. White
Commissioner
William H. Thrasher
Town Manager
Rita L. Taylor
Town Clerk
John C. Randolph
Town Counsel
Garrett J. Ward
Chief of Police
Danny Brannon of
Town Consultant for Undergrounding
Brannon & Gillespie
Project
Ronald Bennett
Nolan, Holt & Miner, P.A.
Christopher O'Hare
Resident
Martin O'Boyle
Resident
IV. Minutes:
A. Regular Meeting and Public Hearing held on January 10, 2014.
Commissioner White stated that there was a typo on the last page of the afore - mentioned minutes that was
typed March 22, 2014, and should have been March 11, 2014, as Election Day.
Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the amended January 10,
2014 Regular Meeting and Public Hearing Minutes. All vote AYE.
V. Additions, Withdrawals. Deferrals. Arrangement of Agenda Items:
Town Clerk Taylor reported that there was an addition to Item IKC regarding the resignation letter
received from Ad Hoc Committee Member David Bodker, and the appointment of a replacement. She also
added that the next Ad Hoc Meeting would be on February 28, 2014, at 8:00a.m. and that they have limited
themselves to 1 % hours for their meetings.
VI. Announcements:
A. Regular Meetings and Public Hearings
Mayor Orthwein announced the upcoming Regular Meetings and Public Hearings, and inquired If there
would be any absenteeism or conflicts, and there were none.
Regular Meeting and Public Hearing
Town Commission Meeting
February 14, 2014 —Page 2
1. March 14,2014@ 11:00 A.M
2. March 14, 2014@ Noon - Seating of Commissioners
3. April 11, 2014@ 9:OOA.M.
4. May 9,2014@ 9:OOA.M.
5. June 13, 2014 @9:OOA.M.
B. Election
Mayor Orthwein announced the date and times of the Election.
1. March 11,2014-7:00 A.M. to 7:OOP.M.
C. Candidate Qualifying Period
Mayor Orthwein announced the date and time of the Candidate Qualifying Period.
1. January 28,2014@ noon to February 11, 2014@ noon
VII. COMMUNICATION FROM THE PUBLIC (5 MIN. MAXIMUM):
Mayor Orthwein asked for any speakers.
Christopher O'Hare introduced his mother and brother in the audience, and discussed in detail his family's
background history. He stated that there will be a Meet the Candidates' Event in Place au Soleil, and also that
there were some issues with Candidate Scott Morgan, and that he expected those issues to be investigated
soon. Mr. O'Hare requested directions to the ladies' room for his handicapped mother.
Martin O 'Boyle inquired if it would be procedure for him to speak regarding Item IX.A, and also on the Ad
Hoc Committee at this Commission Meeting.
Town Counsel Randolph and Mayor Orthwein simultaneously stated "When the item comes up ".
VIII. Reports:
A. Utility Undergrounding- Danny Brannon (Engineer)
Mr. Brannon updated the schedule and budget from his undergrounding handout. He stated that the project
was under budget, and listed the Status Report addressing that the new street light will be on display for final
review on February 21st, at the Police Department. Mr. Brannon continued that there will now be
construction meetings with the contractors every week in Town Hall until the completion of the project.
Commissioner Ganger inquired regarding the estimated speed of the boring project.
Mr. Brannon reported that the crews can complete approximately 400 feet to 500 feet per day. He stated they
will be doing longer shots also. Mr. Brannon commented that the communication lines are inside the right of
way. He also stated that the golf course has very dense vegetation, and may require some flagmen directing
traffic.
Mr. O'Hare interrupted the meeting by stating that his mother was in distress, could not access the ladies
room with her wheelchair, and requested the Police take her to the hospital.
Regular Meeting and Public Hearing
Town Commission Meeting
February 14,2014-Page 3
Mayor Orthwein asked Mrs. O'Hare if that was what she wanted, and Mayor Orthwein was told "No ".
Town Counsel Randolph stated that Mr. O'Hare was out of order according to Robert's Rules of Order.
He continued that if Mr. O'Hare did not sit down and continued to disrupt the meeting, he would be
removed from the premises.
Mr. O'Boyle stated that the decorum of the meeting was not favorably followed.
Town Counsel Randolph commented that the Commission continues to have decorum at this meeting, but
that there were interruptions.
B. Audit 9/30/13 — Nolan, Holt & Minor, P.A.
Ronald Bennett, CPA introduced himself, and highlighted his handout for the year ended September 30,
2013. He stated that it was good news this year. Mr. Bennett described and detailed the Governmental
Revenues reporting the increases, and special assessments which will continue over the next nine (9) years.
Mayor Orthwein suggested taking a 5- minute break at 9:20 a.m., as there were audio problems. The meeting
commenced again at 9:24a.m.
Mr. Bennett detailed the General Fund Balance with the graphs, which is generally unassigned. He also
addressed the Water Enterprise Fund which was good news with the increase in operating revenues and
deceased expenses, due to using outside vendors. Mr. Bennett addressed the high amount of reserves of
$66,000 which will be available for repairs and maintenance in the future. He continued to detail the
complete Audit Report with no negative comments. Nir. Bennett stated that he is available all year to address
any questions at no charge to the Town.
Commissioner Ganger inquired regarding the Town's older water pipes with unknown events, and the
available revenue used to either replace or maintain them.
Mr. Bennett responded that the question should be addressed to an Engineering Firm who could answer it
better than an Accounting Firm. He continued that the older condition of the pipes was a certain thing, and
that he was not aware of the dollar amounts required for that. Mr. Bennett suggested having an engineer look
at the project, give a quote, and at that time, the Town can assess their reserves for the project.
Commissioner Ganger inquired whether the older pipes replaced on AlA were losing a great deal of water,
and whether they were the same pipes used at present.
Town Manager Thrasher stated that it was a different type of pipe. He did not remember the figures for
replacement or the analysis of the pipes. Town Manager Thrasher continued that if the same situation occurs
now, it could cost S1.000.000 at this time. He stated that the projected water loss was monitored at 40/o to 6%
at that time. Town Manager Thrasher reported that this was not happening at this present time.
Regular Meeting and Public Hearing
Town Commission Meeting
February 14, 2014 —Page 4
Commissioner Ganger stated that anything that impedes the Town's building of their reserves should be
avoided. He also commended Mr. Bennett's efforts, and attendance in Town Han working directly with Staff.
C. Town Manager
Town Manager Thrasher stated that he had no report at this time.
D. Architectural Review & Planning Board
1. Meeting Dates
a. February 27,2014@ 8:30A.M.
b. March 27,2014@ 8:30A.M.
c. April24, 2014@ 8:30A.M.
d. May 22,2014@ 8:30A.M.
e. June 26,2014@ 8:30A.M.
f. July 24,2014@ 8:30A.M.
E. Finance Director
1. Financial Report for January 2014
Town Manager Thrasher stated he has submitted his January 2014 Financial Report in the Commissioners'
packets.
Commissioner Ganger inquired if there was anything of concern on the horizon.
Town Manager Thrasher stated d1:1t he had no further report at this time.
2. Water Usage as of January 31,2014
Town Manager Thrasher stated that he had nothing further to report at this time.
F. Police Chief
1. Activity for January 2014
Police Chief Ward submitted the Activity Report forJanuary 2014, and it was accepted as presented.
IX. ITEMS FOR COMMISSION ACTION:
A. Continuing Services Contract —Urban Design Kilday Studios
Town Manager Thrasher described the Continuing Sen -ices Contract with regard to the Town's Design
Manual to assist the Commissioners and ARPB with development of the present Design Manual. He asked
for the Commissioners' approval to continue with its tenure with Urban Design Kilday Studios, as they have
served the Town very wen in the past.
Town Counsel Randolph stated he did not know the purpose of the contract other than Urban Design
Kilday Studios sent it to the Town, in the event that a contract was required. He continued that this
Company was used on an hourly basis as a consultant to assist with the Design Manual. Town Counsel
Randolph stated that he did not feel that a contract was needed at this time while there was a consultant on
board. He also suggested that if the Commissioners feel that they want a contract, they should seek bids from
Various companies.
Regular Meeting and Public Hearing
Town Commission Meeting
February 14,2014 -Page 5
Commissioner Ganger stated that there is nothing in the Company's relationship with the Town precluding
the Town going with another company. He continued that the Town could be receiving different points of
views, as the Town has not always agreed with Urban Design Kilday in the past. Commissioner Ganger also
agreed that a contract was not necessary.
Vice Mayor Stanley inquired if the Town would be receiving a confirming letter to establish rates for the
current year.
Town Counsel Randolph responded that Town Manager Thrasher could write a letter requesting rates. He
stated that the Company was not on a retainer, and could be consulted at any time regarding any design
Issues.
Mr. O'Hare made a point of information stating it was unlawful for the Town not to give other consultants an
opportunity to bid for the job.
Mr. O'Boyle inquired whether the contract presently in effect or contemplated, written or verbal, was subject
to Chapter 19.
Town Counsel Randolph responded they are subject to Public Records Requests.
Mr. O'Boyle further stated that he is running for Town Commissioner. He discussed the gate issue from
April 2013 at Mr. Pulty's house. Mr. O'Boyle continued that he did research on Code Section 66A31, and
learned that the gate was not permitted. He reported on the various hearing dates regarding the gate issue.
Mr. O'Boyle further reported that Mr. Minor stated that it was permitted. He commented that in a later email
from Mr. Minor to Town Manager Thrasher it stated that "O'Boyle was right and I was wrong and if you
want it to be that, you ought to change it ". He continued that with regard to the Town continuing to utilize
Urban Design K.ilday Studios, they should remember Town Manager Thrasher and Mr. Minor "magically"
made up a code.
Town Counsel Randolph repeated that no action is necessary at this time.
B. Items by Mayor & Commissioners
Commissioner Ganger referred to the barge opposite the Town of Gulf Stream thought to be stealing the
Town's sand but it was later determined it was not the Town's sand. He continued that in fact it will back up
in time, and the Town will acquire more sand for their beaches.
C. Resignation of AD Hoc Committee Member David Bodker
Mayor Orthwein stated she was sorry to hear that news as Mr. Bodker would be a great asset to the Ad Hoc
Committee with his expertise in landscaping.
Regular Meeting and Public Hearing
Town Commission Meeting
February 14,2014 -Page 6
Town Clerk Taylor also addressed the fact of Mr. Bodker's expertise in landscape architecture. Town
Clerk Taylor reported that while no one has been appointed as of the previous day's meeting, the Committee
Members mentioned several prospects for the position.
Commissioner Ganger agreed that landscaping is an art, and suggested that maybe Mr. Bodker could
recommend someone with his similar understanding for a replacement to that Committee.
Town Counsel Randolph inquired if the Ad Hoc Committee is asking the Commission to make that
appointment.
Town Clerk Taylor responded that the Ad Hoc Committee hopes that the Commission makes the
appointment, but if that is not possible, they will do it. She further stated that the Committee wants a
professional landscape individual, and not a resident.
Ir. O'Hare reported regarding his attendance at the Ad Hoc Meeting the previous day stating that 1 I/2
hours were spent on generators. He stated that if any code changes were expected to take place, the
meetings should speed up.
Mr. O'Boyle referred to the incident that occurred earlier in the meeting, and stated that it was disheartening,
and inquired whether the Town Hall facilities were equipped for handicapped persons.
Vice -Mayor Stanley asked if his statement was related to the Ad Hoc Committee and Mr. Bodker's
resignation.
Mr. O'Boyle responded "Yes ".
Town Counsel Randolph stated that this subject could be reserved for another time, as it was not on this
day's Agenda.
Mr. O'Boyle stated that he did not want to see this happen again, and asked Mayor Orthwein to look into it.
Mayor Orthwein reported that Mr. O'Hare stated that she could actually walk, and that it was a horrible
display that Mr. O'Hare created.
Mr. O'Boyle discussed his concerns -with the Ad Hoc Committee; e.g. the unclear scope of their duties
and their goals. He suggested getting rid of the Manual, and putting more faith in the residents' decisions and
to trust their choices.
Regular Meeting and Public Hearing
Town Commission Meeting
February 14,2014 Page 7
X. ADJOURNMENT:
Mayor Orthwein adjourned the meeting at 10:03 a.m.
Sandra Fein
Recording Secretary