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Home My Public Portal About09 11 15 Meeting (2)MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 11, 2015 AT 4:00 P.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 4:00 P.M. II. Pledge of Allegiance. The Mayor led the Pledge of Allegiance. III. Roll Call. Present and Scott W. Morgan Mayor Participating: Robert W. Ganger Vice Mayor Joan K. Orthwein Commissioner Thomas M. Stanley Commissioner Absent W/Notice: Donna S. White Commissioner Also Present & John Randolph Town Attorney Participating: William Thrasher Town Manager Rita Taylor Town Clerk Garrett Ward Police Chief Danny Brannon Engineer Frank Giacalone Resident Christopher O'Hare Resident Robert Burns Resident Martin O'Boyle Resident G Edward Slominski Property Owner Jim Terlizzi Resident IV. Minutes of the Regular Meeting of August 14, 2015. Vice Mayor Ganger moved for approval of the minutes and Commissioner Orthwein seconded the motion with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. VI. Announcements. A. Regular Meetings and Public Hearings 1. October 9, 2015 @ 9:00 A.M. 2. November 13, 2015 @ 9:00 A.M. 3. December 11, 2015 @ 9:00 A.M. 04. January 8, 2016 @ 9:00 A.M. 5. February 12, 2016 @ 9:00 A.M. B. Budget Hearings 1. September 11, 2015 @ 5:01 P.M. 2. September 22, 2015 @ 5:01 P.M. No anticipated absences were declared. VII. Communication from the Public (5 min. maximum) 1 Town Commission Regular Meeting a Public Hearing 9-11-15 @ 4:00 P.M. Mayor Morgan announced that public comment with regard to any �J agenda items at this meeting and at the budget meeting will be limited to 3 minutes due to the number of persons attending. Those who spoke were: Frank Giacalone asked how to stop Mr. O'Boyle and Mr. O'Hare with the nonsense as well as what led up to this. OChristopher O'Hare asked to replace the political signs in his yard since the Objects D'art ordinance has been repealed. Robert Burns expressed his appreciation to the Commission for their work and stated that he supports their activities. Martin O'Boyle disagreed with Mr. Burns and also disagreed with Mayor Morgan's interpretation of how settlements are arrived at. Edward Slominski believed the legal matters between the Town and Mr. O'Boyle and Mr. 0' Hare can and should be settled through arbitration. Jim Terlizzi was opposed to spending one million dollars in legal costs and wants this matter settled. VIII. Reports. OA. Utility Undergrounding-Danny Brannon (Engineer) AT&T will complete their work on Phase I by the end of the month. Approximately one half of the easements for Phase II have been executed and the start of construction of Phase II is still expected in January 2016. Mr. Brannon stated the conduit that is being installed will accommodate fiber optics but it will be up to each user to make arrangements with AT&T if they want it installed. B. Audit 9/30/14 -Nolan, Holt & Miner, P.A. Mr. Ron Bennett of Nolan, Holt & Miner, P.A. presented the audit for fiscal year 2013-2014, explaining each section of the document. He stated they found nothing wrong and are giving a "clean opinion". Commissioner Ganger moved to approve the audit as presented and Commissioner Orthwein seconded the motion and all voted AYE at roll call. C. Town Manager The Town Manager had no report. OD. Architectural Review & Planning Board 1. Meeting Dates a. September 24, 2015 @ 8:30 A.M. b. October 22, 2015 @ 8:30 A.M. c. November 19, 2015 @ 8:30 A.M. d. December 17, 2015 @ 8:30 A.M. e. January 28, 2016 @ 8:30 A.M. Of. February 25, 2016 @ 6:30 A.M. g. March 24, 2016 A 8:30 A.M. 2 Town Commission Regular Meeting & Public Hearing 9-11-15 @ 4:00 P.M. O E. Finance Director 1. Financial Report for August 2015 Mr. Thrasher said he was prepared to answer any questions and there being none, Mayor Morgan declared the report accepted as submitted. F. Police Chief 1. Activity for August 2015 Chief Ward asked that the report be accepted in the absence of any Oquestions. Commissioner Ganger asked why there were so many sheriff's cars parked in one area a few days previous and the Chief said that an empty raft had floated on shore and there is a standing request that the sheriff's department and several agencies be notified of this type of situation which was done, resulting in a large response. Mayor Morgan declared the report accepted as submitted. IX. Items for Commission Action. A. Items by Mayor & Commissioners 1. Mayor a. RICO Representation Mayor Morgan explained that the RICO appeal is moving forward and in an effort to keep costs down, he asked the Commissions consideration of bringing Jones, Foster in as co -counsel. He said he has been reviewing the progress of the Town's litigation over the past year and has had a chance to read, review and work with the many lawyers that have been on n these cases and has been impressed with the quality of work from Jones, Foster, particularly Joanne O'Connor with whom he has worked closely. She writes very well, summa cum law from Tulane, managing editor of the Law Review and works at a lower rate than some of the other attorneys. He recommended that the Commission approve bringing Jones, Foster in to assist Richman, Greer with the appeal. He added that this would apply retroactive to when the appeal was filed, around July 30, 2015. Commissioner Orthwein stated she had worked with Joanne O'Connor and found her to be excellent, very, very good at what she does. Mayor Morgan said there would be other attorneys involved, even lower level lawyers that would be even less expensive and much of an appeal consists of preparing exhibits and documents which can be done at lower expense. OIn answer to a question from Vice Mayor Ganger, Mayor Morgan said he did not believe the case will be particularly lengthy but the appellate court does not have specific time restraints and that attorneys believe there are one or more points that would justify the return of that case back to the trial court for hearing. He said this is a civil, not a criminal case and is a case of first impression. Commissioner Stanley asked if Jones, Foster would be doing most of the �) writing to which Mayor Morgan said he would expect so as that is where one can save expenses and that we have a very good relationship with 3 Town Commission Regular Meeting & Public Hearing 9-11-15 @ 9:00 P.M. 0 Jones, Foster, they have been the Town's attorneys for many, many years and give us a better hourly rate, and they are very, very capable. Commissioner Orthwein moved to bring Jones, Foster in as co -counsel in the RICO appeal with Vice Mayor Ganger seconding the motion. Christopher O'Hare asked to speak prior to a vote and said that being Cnamed in the RICO has been devastating to his business and asked that he be removed from the suite. Mayor Morgan asked for a roll call on the motion. All voted in favor of bringing Jones, Foster in as co -counsel in the RICO appeal action. b. Action Minutes Mayor Morgan explained that minutes, although not verbatim, are very detailed and take a great amount of time to prepare. He further explained that was done so that people who were unable to attend the meetings could read the minutes and have a good understanding of what had transpired. The Mayor pointed out that we now videotape the meetings which makes it possible for everyone to hear and see what is happening. The Mayor advised that the law only requires that the written minutes reflect the official action of the Commission and he felt it un- necessary to include all of the detail as had been done up to this time since we have the videotape as well as an audio tape. C, Commissioner Orthwein and Vice Mayor Ganger spoke in favor of doing Action Minutes as long as the tapes are also retained and secure. Commissioner Orthwein moved to authorize the preparation of Action Minutes for the permanent record and Vice Mayor Ganger seconded the motion. Mr. O'Hare asked to speak and stated he has difficulty hearing and asked that the Commission change the decorum policy that only permits recording by the audience from the back of the room. There was no action on this request. Mayor Morgan asked for the roll call on the motion regarding the change to Action Minutes and all voted in favor of changing to Action Minutes. 2. Commissioners There were no items from the Commissioners. C) X. Adjournment. Mayor Morgan adjourned the announced that the Public Hearing commence at 5:01 P.M. 0fRita L. Taylor Town Clerk meeting at approximately 4:50 P.M. and for the Tentative Budget would N