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HomeMy Public PortalAbout05 13 16 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 13, 2016 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: Robert W. Ganger Vice Mayor Joan K. Orthwein Commissioner Thomas M. Stanley Commissioner Donna S. White Commissioner Also Present & Thomas Baird Town Attorney Participating: William Thrasher Town Manager Rita Taylor Town Clerk Garrett Ward Police Chief Carol Westmoreland Fla. League of Cities Christopher O'Hare Resident IV. Minutes. A. Regular Meeting of April 8, 2016. 1. Vice Mayor Ganger moved to approve and Commissioner Orthwein seconded the motion with all voting AYE. B. Special Meeting of April 13, 2016. 1. Vice Mayor Ganger moved to approve and Commissioner Orthwein seconded the motion with all voting AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the agenda requested. VI. Announcements. A. Regular Meetings and Public Hearings 1. June 10, 2016 @ 9:00 A.M. 2. July 8, 2016 @ 9:00 A.M. 3. August 12, 2016 @ 9:00 A.M. 4. September 9, 2016 @ 9:00 A.M. 5. October 14, 2016 @ 9:00 A.M. C B. Awards 1. Honoring Commissioner Joan Orthwein-Florida League of Cities, Carol Westmoreland Mayor Morgan introduced and welcomed Ms. Carol Westmoreland, representing the Florida League of Cities. Ms. Westmoreland presented a Resolution from the Florida League of Cities Board of Directors to Commissioner Orthwein, honoring her for twenty plus years of elected service, and further presented her with a 11 Town Commission Regular Meeting s Public Hearing May 13, 2016 @ 9:00 A.M. John Land Years of Service Award in recognition of her unselfish commitment to municipal leadership and governance. Commissioner Orthwein said that serving this beautiful, unique, special community has been a great honor and a wonderful experience and she expressed her appreciation for this recognition. 2. Town of Gulf Stream Distinguished Budget Presentation Award -Government Finance Officers Association ` Mayor Morgan announced that for the second year in a row the Town has received this award which is recognized on a national basis and everyone is quite pleased with this achievement. 3. Rebecca Tew, Town Accountant Recognized for Budget Preparation -Government Finance Officers Association Mayor Morgan congratulated Rebecca for being awarded this honor for the second year in a row, remarking that she is the person who assembled the budget document recognized by the Government Finance Officers Association. 4. William Thrasher, Town Manager Recognized as a HOME RULE HERO 2016 by the Florida League of Cities The Mayor then announced that Mr. Thrasher has been recognized for his efforts in defense of the Town of Gulf Stream which is a Home Rule Town that maintains its sovereignty in the face of many difficulties. 5. Robert W. Ganger, Vice Mayor Recognized as a HOME RULE HERO 2016 by the Florida League of Cities Mayor Morgan was pleased to announce that Vice Mayor Ganger had also received this recognition from the League, especially for his legislative efforts this past year. The Mayor thanked both Mr. Thrasher and Vice Mayor Ganger for their tireless efforts on the Towns' behalf. VII. Communication from the Public (3 min. maximum) Christopher O'Hare was recognized and commented that the Florida League of Cities is a lobby group that has wonderful parties and that has given Home Rule awards to Mr. Ganger and Mr. Thrasher. He further commented that in his opinion home rule has become a monster. He believed they were given the award for going to Tallahassee and that they had told some untruths up there but that their efforts to squelch public speech were ignored by the legislature. He said that home rule is not what everyone thinks it is because a lot of people are suffering from the out of control legislation from local governments and he believed this commission to be of that same group. Carol Westmoreland, from the Florida League of Cities, was recognized and commended the award winners on behalf of the League. She said that she no longer lobbies but has worked for the League for 36 years and said that home rule is what it is, not all good or all bad but the elected officials are the reason that democracy exists and that citizens have a voice in their government. She said that home rule simply means that the legislature does not get to tell you what to do for no good reason. She went on to say that while the legislature and the counties have powers, home rule allows local government to govern for the best 9 Town Commission Regular Meeting & Public Hearing May 13, 2016 @ 9:00 A.M. interests of their citizens and this award is in appreciation of them protecting that right. VIII. Reports. A. Utility Undergrounding-Danny Brannon (Engineer) Mayor Morgan, in the absence of Mr. Brannon, reported that they had contacted AT&T and Comcast with regard to completion of Phase 1 and that CComcast has finished and AT&T have 2 overhead lines to remove which was supposed to be accomplished on this date. He further reported that a special counsel, Gary Resnick of the firm Gray -Robinson, has been hired to assist with the undergrounding in Phase 2 and the completion of Phase 1. He added that Attorney Resnick is a specialist in public utilities law with a lot of experience along those lines. The Mayor also reported that Comcast has supplied a quote for the work on Phase 2 in the amount of $160,312, which is more than Phase 1 but there is more work in Phase 2 and they are changing to fiber optic. He reminded that while it is a little more than cable, there was a much greater savings with Wilco Electric by changing. He said AT&T has presented their special construction charge of $25,000 which is the quote to begin their evaluation to prepare a quote for their Phase 2 work. He explained this is a typical charge that has not changed from Phase 1. Mayor Morgan said that the Wilco Electric contract, with the change order included, is now $2,430,390.50 and the cost of the street lighting is $460,206.55. He believed it makes sense to do all of the installation at the same time rather than have to bring in another contractor to complete the work. Both Commissioners Stanley and Orthwein commented that this would be the proper way to move toward completion and no one disagreed. He said that he would like not only to have Commission approval to award the Wilco quote but to approve the Comcast quote subject to authorizing him to negotiate whatever terms are necessary to get some time limitations on their work, and authority to approve the payment of $25,000 to AT&T, also with authority to negotiate a contract with terms more favorable. Commissioner White questioned if the amount that is over budget was in line with what has been discussed previously and Mr. Thrasher advised that the figure is $571,000 as of this date and that includes both Wilco and Comcast with AT&T unknown at this time. Commissioner Orthwein asked when the construction is expected to start and Mr. Thrasher replied that there are two agreements to be signed, the right-of-way agreement and the installation agreement, in order to have the inventories begin to flow in for the installation. Christopher O'Hare applauded the Town for making these improvements and said he understood that unforeseen things arise in projects such as this. He recalled that the Civic Association lobbied to get a favorable vote for establishing the assessments and he believed he had paid $25,000 or so toward that, being one of those who would benefit, but that some of the Condo owners believed they were being over assessed 3 Town Commission Regular Meeting & Public Hearing May 13, 2016 @ 9:00 A.M. when compared to the single family homes. He then asked where this additional cost would be paid from, the General Fund or back to the original residents that had been assessed. The Mayor and the Town Manager said it would be paid from the General Fund with no additional assessments being made. Mr. O'Hare observed that Place Au Soleil owners would be paying to cover Cr this shortfall as well as owners on the barrier island. Commissioner White asked for an explanation of the justification for including Palace Au Soleil in defraying this cost. Town Manager Thrasher reminded that at the beginning everyone was told there would be no additional assessment so this will be from the General Fund. He pointed out that the taxable value of properties in Place Au Soleil are 8.5% of the total taxable value of the town so actually the amount taken from the General Fund will not encroach on this percentage. He added that at this time, the amount will be approximately $45,500. Commissioner Stanley moved to approve the Right -Of -Way Agreement and the Installation Agreement with FP&L and authorized their execution. Vice Mayor Ganger seconded the motion with all voting AYE at the roll call. Commissioner Stanley then moved to approve the Wilco Electric bid in the amount of $2,874,569.00 which will be reduced by $444,178.50 through a change order for a final bid approval in the amount of $2,430,390.50. This motion was seconded by Vice Mayor Morgan and all voted AYE at roll call. The motion was made by Commissioner Stanley authorizing the installation of street lights by Wilco Electric for a total price of $460,206.55. Commissioner Orthwein seconded the motion and all voted AYE at the roll call. Commissioner Stanley then moved to approve the Comcast portion of the project with a change order to install fiber optics with a narrower conduit due to shorter runs at a cost of $160,312.00. Commissioner Orthwein seconded the motion and all voted AYE at roll call. OIt was moved by Commissioner Stanley to authorize the prepayment of $25,000.00 to AT&T in order to have them commence the design engineering of their installation. Commissioner Orthwein seconded the motion and all voted AYE at the roll call. A final motion was made by Commissioner Stanley to reconfirm the Mayors acts and the job he has done over the past 2 weeks by approving special counsel, the firm of Grey -Robinson, to advise on all legal contracts and legal issues associated with the underground utilities project. 4 Town Commission Regular Meeting & Public Hearing May 13, 2016 @ 9:00 A.M. Commissioner Orthwein seconded the motion with all voting AYE at roll call. B. Town Manager 1. Establish Water Utility Bank Account Mr. Thrasher advised that, even though he has authority to move money from one bank to another, he would be establishing a stand alone account for the water fund since the water fund reserves have increased. Mr. Thrasher said he expects to transfer $750,000 to a bank that is a public depository and the one paying the highest interest. 2. Barrier Island Fire Feasibility Study Mr. Thrasher reported that the document that was distributed to them for review had also been distributed to the 6 Town Managers involved in the study. He pointed out that this is a draft document and the managers had met in a group with the consultant and a number of questions were raised. He said the consultant will prepare another draft document that will address the questions that have been raised. Mr. Thrasher reported that it appears the cost savings will be minimal. He presented detail in this regard. He believed there may even be a 3rd draft before the final product is prepared. C. Architectural Review & Planning Board 1. Meeting Dates a. May 26, 2016 @ 8:30 A.M. b. June 23, 2016 @ 8:30 A.M. c. July 28, 2016 @8:30 A.M. d. September 22, 2016 @ 8:30 A.M. e. October 27, 2016 @ 8:30 A.M. D. Finance Director 1. Financial Report for April 2016 There were no comments related to the Financial Report but Mr. Thrasher announced that he is expecting the auditors to present their reports at the June meeting. E. Police Chief 1. Activity for April 2016 There were no questions regarding the police report that was presented by Chief Ward. IX. Items for Commission Action. A. Town Hall Generator Repairs, $11,365.00 Town Manager Thrasher explained that the metal stand under the generator has deteriorated and the quote for this work is from the company that has always maintained the generator itself. UCommissioner Orthwein moved to have the generator base replaced at the cost of $11,365.00 and Vice Mayor Ganger seconded her motion with all voting AYE at roll call. B. ORDINANCE NO. 16/02; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTR 70, GULF STREAM DESIGN MANUAL; ARTICLE V; AREA WIDE STANDARDS; DIVISION 1, GENRAL ARCHITECTURAL STANDARDS; SECTION 70-99, ROOF DESIGN AND SLOPE Town Commission Regular Meeting & Public Hearing May 13, 2016 @ 9:00 A.M. MATERIALS, SO AS TO PROHIBIT SOLAR PANELS FACING THE STREET OR WATERWAY; FURTHER AMENDING CHAPTER 70 AT ARTICLE VII, PREDOMINANT ARHITECTURAL STYLES; DIVISION 2, SPANISH MEDITERRANEAN REVIVAL STYLE, SECTION 70-218, ROOFS, SO AS TO PROHIBIT SOLAR PANELS FACING THE STREET OR WATERWAY; FURTHER AMENDING CHAPTER 70 AT ARTICLE VII, PREDOMINANT ARCHITECTURAL STYLES; DIVISION 3, GULF STREAM -BERMUDA STYLE; SECTION 70- 238, ROOFS, SO AS TO PROHIBIT SOLAR PANELS FACING THE STREET OR WATERWAY; AMENDING CHAPTER 71, GULF STREAM DESIGN MANUAL, RM WEST AND RM EAST MULTIPLE -FAMILY RESIDENTIAL DISTRICTS; SECTION 71-7, MULTIPLE -FAMILY RESIDENTIAL DESIGN GUIDELINES, SO AS TO PROHIBIT GLAZED SKYLIGHTS OR SOLAR PANELS VISIBLE FROM THE STREET OR WATERWAY; AMENDING CHAPTER 66, ZONING; ARTICLE 1, IN GENERAL; SECTION 66-1, DEFINITIONS, SO AS TO INCLUDE THE DEFINITION OF "WATERWAY"; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (2nd Reading & Adoption) The Town Clerk read Ordinance No 16-02 by title only. There were no comments from the Commission. Christopher O'Hare was recognized and remarked that the ordinance prohibits, in single family districts, having solar panels facing the street or waterways. He asked if that was correct because it will be in conflict with State Law. Mayor Morgan replied that he is confident this Ordinance is appropriate remarking that he thought Mr. O'Hare would have an understanding of this State Law as he had sued the Town in relation to this law and lost. Commissioner Orthwein moved for adoption of Ordinance No. 16/02 on second reading and Vice Mayor Ganger seconded the motion with all voting AYE at roll call. C. Items by Mayor & Commissioners Mayor Morgan extended the Towns' gratitude and congratulated Town Manager Thrasher who recently posted his 20th year with the Town of Gulf Stream, the longest serving town manager in Gulf Stream. XI. Adjournment. Mayor Morgan adjourned the meeting at 9:50 A.M. Rita L. Taylor Town Clerk C