HomeMy Public PortalAboutPRR 16-2405Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Sunday, November 13, 2016 1:44 PM
To: Bill Thrasher; Rita Taylor; Renee Basel
Subject: Public Record Request - Thrasher leaving comm.
Dear Custodian of Records,
I request to inspect certain public records in the custody of the Town of Gulf Stream or in the custody of its agents or associated
entities.
While I am not statutorily obligated to explain why I want to inspect these records, I tell you it is for the
purpose of informing myself of the historic and current workings of the Town of Gulf Stream and its
associated entities, vendors, consultants, advisers, contractors and agents. The records I wish to
inspect may also be material to current, anticipated or presently unforeseen legal action. In addition,
inspection of these records may be essential to my ability to make informed comments in an
upcoming public hearing. The production of any and all responsive records is therefore urgent and
must be acted upon in compliance with Florida Statutes and established case law as soon as
possible.
I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of
the Florida Statutes. I hereby reserve all rights granted to me under the Florida
Constitution and Florida Statutes.
I ask that you take the following action:
• Read this entire request carefully and respond accordingly.
• If you are not the custodian of the public records described herein please determine who that person is and
notify me immediately in order that I may make this request to the appropriate person without delay.
• Reference Florida Statutes and appropriate case law when responding to this record request.
• Do NOT produce any records other than records responsive to this request.
• Identify by name the person or persons responding to this request if that person is not the Custodian of
Records for your agency as required by 119.07(1)(b).
• Respond to this public record request in a singular manner and do not combine this
request with any other public record requests when responding to this request.
• Once you have determined that you do or don't have any records in your
custody responsive to this request, immediately act to obtain any responsive records
that may be in the custody of your contractor(s) or other parties.
• Provide only those records for inspection that do not require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes.
If records responsive to this request are not presently available but you expect that
they will soon be available I request that you produce the records as soon as they are
available.
I ask you to take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1)
promptly acknowledge receipt of this public records request and (2) make a good faith effort which
"includes making reasonable efforts to determine from other officers or employees within the agency
whether such a record exists and, if so, the location at which the record can be accessed." I am,
therefore, requesting that you notify every individual and entity in possession of records that may be
responsive to this public records request, including individuals and entities under contract with your
agency, to preserve and produce all responsive records on an immediate basis.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from
inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida
Statutes and state in writing and with particularity the basis for your conclusions as required
by §119.07(1)(f) of the Florida Statutes. Produce for my inspection all responsive records and ONLY
redact that portion of the record that you consider exempt. To be clear, if you consider an entire
record to be exempt, produce that record in its entirety with all portions redacted that you consider
exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the
purpose of challenging a particular redaction or establishing a reference for a future request of a
record that is only temporarily exempt, as in the case of a public record that was prepared by an
agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the
litigation.
If the public records being sought are maintained by your agency or contactors for your agency, in an
electronic format please produce the records in the original electronic format in which they were
created or received. See §119.01(2)(f), Florida Statutes.
Again I ask that you provide only those records for inspection that do not require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes. Take note
of §119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for
inspection of which will require extensive use of information technologies or extensive staff time or
both in excess of 15 minutes, then please provide those records that can be produced within the first
15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining
records prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining
my written authorization to proceed. If you produce only a portion of all existing responsive records,
please tell me that your response includes only a portion of all existing records responsive to this
request.
If you anticipate the need to incur any costs that I would be statutorily required to pay in order to
inspect these public records which would exceed $1.00 please notify me in advance of your incurring
that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to
indicate the total number of pages and/or records, as well as to distinguish the cost of labor and
materials. Again, please do not incur any costs on my behalf without first obtaining my written
authorization to proceed.
A record that does not exist because of its disposition requires the creation of a disposition record. In
all instances where you determine a record does not exist please determine if the record once existed
and in its replacement provide the disposition record for my inspection.
I request to inspect all public records* in the custody of the Town of Gulf Stream** the
subject of which is either substantially of partly related to William Thrasher leaving his current
position as Town Manager. The records I anticipate being responsive to this request may
include but are not limited to letters, emails, memos, messages (digital or analog text, voice or
other) minutes, notes, reports, estimates and any other item recognized by Florida Statute to
be a public record. To further clarify this request, the records I request to inspect may include
but are not limited to Mr. Thrasher communicating to anyone in any form that he is
contemplating, planning or intending to leave his current position as Town Manager;
communications to Mr. Thrasher in any form, regarding his leaving his current position as
Town Manager; communications between parties other than or in addition to Mr. Thrasher in
any form, regarding his leaving his current position as Town Manager. Please include the
email from Mr. Thrasher to a vendor where Mr. Thrasher expresses the sentiment, "I have
three years to go," or "in three years I am out of here," or "I just need to survive for at least
three more years," or "I need my job here for at least another 3 years," or some similar
phrase.
*The term public records, as used herein, has the same meaning and scope as the definition of
Public records adopted by the Florida Legislature as Statutes Chapter 119.
**The phrase Town of Gulf Stream when used herein refers to the Town in its entirety and all entities
of the Town including all employees, appointees, officials, assignees, counsel and consultants
including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town
Departments, Town Police Officers, Town Employees, Town Staff Attorney, Town Engineer, the law
firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney,
partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker &
Varkus including all attorney, partner and employee members of that firm, the Town Counsel
of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any
other entity associated with the Town and subject to public records law.
If you do not understand any part of this request or if you need clarification about this request, notify me as
soon as possible so I may further describe or clarify this request. Due to issues of delivery failure and occasional
rejection by your server this email is being sent to multiple recipients to insure prompt delivery.
All responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream@gmail.com
TOWN OF GULF STREAM
PALM BEACI-I COUNTY, FLORIDA
Delivered via e-mail
November 17, 2016
Chris O'Hare [mail to: chrisohareeulfstream(a,email.coml
Re: GS #2405 (Thrasher leaving comm.)
I request to inspect all public records* in the custody of the Town of Gulf Stream ** the subject of
which is either substantially of partly related to William Thrasher leaving his current position as
Town Manager. The records 1 anticipate being responsive to this request may include but are not
limited to letters, emails, memos, messages (digital or analog text, voice or other) minutes, notes,
reports, estimates and any other item recognized by Florida Statute to be a public record. To
further clarify this request, the records I request to inspect may include but are not limited to Mr.
Thrasher communicating to anyone in any form that he is contemplating, planning or intending to
leave his current position as Town Manager; communications to Mr. Thrasher in any form,
regarding his leaving his current position as Town Manager; communications between parties
other than or in addition to Mr. Thrasher in any form, regarding his leaving his current position
as Town Manager. Please include the email from Mr. Thrasher to a vendor where Mr. Thrasher
expresses the sentiment, "I have three years to go, " or "In three years I am out of here, " or "I just
need to survive for at least three more years, " or 7 need my job here for at least another 3 years, "
or some similar phrase.
Dear Chris O'Hare [mail to: chrisoharegulfstream(@etrtail.coml:
The Town of Gulf Stream has received your public records request dated November 13, 2016. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/O/doc/103532/Pagel.aspx
Please be advised that the Town of Gulf Stream is currently working on a large number of
incoming public records requests. The Town will use its very best efforts to respond to you in a
reasonable amount of time with the appropriate response or an estimated cost to respond.
Sincerely,
R wee Raw" 944d
As requested by Rita Taylor
Town Clerk, Custodian of the Records
Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Monday, December 5, 2016 8:18 AM
To: Bill Thrasher; Rita Taylor; Renee Basel
Subject: Re: Public Record Request - Thrasher leaving comm. - Clarification of Time Period
Dear Custodian of Records,
I am writing you regarding my request to inspect public records made to your agency on November 13, 2016
which you have subsequently labeled as GS #2405.
In order to further clarify this request I ask that you limit your production to only those records created or
received by your agency during the time period from January 1, 2013 up to the date when you respond to this
request with the production of responsive records.
This is not a new request. This is only a clarification of the time period for the purposes of limiting the
production of records responsive to GS #2405.
Sincerely,
Chris O'Hare
On Sun, Nov 13, 2016 at 1:43 PM, Chris O'Hare <chrisoharegulfstream a email.com> wrote:
Dear Custodian of Records,
I request to inspect certain public records in the custody of the Town of Gulf Stream or in the custody of its agents or
associated entities.
While I am not statutorily obligated to explain why I want to inspect these records, I tell you it is for
the purpose of informing myself of the historic and current workings of the Town of Gulf Stream and
its associated entities, vendors, consultants, advisers, contractors and agents. The records I wish to
inspect may also be material to current, anticipated or presently unforeseen legal action. In addition,
inspection of these records may be essential to my ability to make informed comments in an
upcoming public hearing. The production of any and all responsive records is therefore urgent and
must be acted upon in compliance with Florida Statutes and established case law as soon as
possible.
I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of
the Florida Statutes. I hereby reserve all rights granted to me under the Florida
Constitution and Florida Statutes.
I ask that you take the following action:
• Read this entire request carefully and respond accordingly.
• If you are not the custodian of the public records described herein please determine who that person is and
notify me immediately in order that I may make this request to the appropriate person without delay.
• Reference Florida Statutes and appropriate case law when responding to this record request.
• Do NOT produce any records other than records responsive to this request.
• Identify by name the person or persons responding to this request if that person is not the Custodian of
Records for your agency as required by 119.070)(b).
• Respond to this public record request in a singular manner and do not combine this
request with any other public record requests when responding to this request.
• Once you have determined that you do or don't have any records in your
custody responsive to this request, immediately act to obtain any responsive records
that may be in the custody of your contractor(s) or other parties.
• Provide only those records for inspection that do not require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes.
• If records responsive to this request are not presently available but you expect that
they will soon be available I request that you produce the records as soon as they are
available.
I ask you to take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1)
promptly acknowledge receipt of this public records request and (2) make a good faith effort which
"includes making reasonable efforts to determine from other officers or employees within the agency
whether such a record exists and, if so, the location at which the record can be accessed." I am,
therefore, requesting that you notify every individual and entity in possession of records that may be
responsive to this public records request, including individuals and entities under contract with your
agency, to preserve and produce all responsive records on an immediate basis.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from
inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the
Florida Statutes and state in writing and with particularity the basis for your conclusions as required
by §119.07(1)(f) of the Florida Statutes. Produce for my inspection all responsive records and ONLY
redact that portion of the record that you consider exempt. To be clear, if you consider an entire
record to be exempt, produce that record in its entirety with all portions redacted that you consider
exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the
purpose of challenging a particular redaction or establishing a reference for a future request of a
record that is only temporarily exempt, as in the case of a public record that was prepared by an
agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of
the litigation.
If the public records being sought are maintained by your agency or contactors for your agency, in
an electronic format please produce the records in the original electronic format in which they were
created or received. See §119.01(2)(f), Florida Statutes.
Again I ask that you provide only those records for inspection that do not require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes. Take note
of §119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for
inspection of which will require extensive use of information technologies or extensive staff time or
both in excess of 15 minutes, then please provide those records that can be produced within the first
15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining
records prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining
my written authorization to proceed. If you produce only a portion of all existing responsive records,
please tell me that your response includes only a portion of all existing records responsive to this
request.
If you anticipate the need to incur any costs that I would be statutorily required to pay in order to
inspect these public records which would exceed $1.00 please notify me in advance of your incurring
that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to
indicate the total number of pages and/or records, as well as to distinguish the cost of labor and
materials. Again, please do not incur any costs on my behalf without first obtaining my written
authorization to proceed.
A record that does not exist because of its disposition requires the creation of a disposition record. In
all instances where you determine a record does not exist please determine if the record once
existed and in its replacement provide the disposition record for my inspection.
I request to inspect all public records* in the custody of the Town of Gulf Stream** the
subject of which is either substantially of partly related to William Thrasher leaving his
current position as Town Manager. The records I anticipate being responsive to this request
may include but are not limited to letters, emails, memos, messages (digital or analog text,
voice or other) minutes, notes, reports, estimates and any other item recognized by Florida
Statute to be a public record. To further clarify this request, the records I request to inspect
may include but are not limited to Mr. Thrasher communicating to anyone in any form that he
is contemplating, planning or intending to leave his current position as Town Manager;
communications to Mr. Thrasher in any form, regarding his leaving his current position as
Town Manager; communications between parties other than or in addition to Mr. Thrasher in
any form, regarding his leaving his current position as Town Manager. Please include the
email from Mr. Thrasher to a vendor where Mr. Thrasher expresses the sentiment, " I have
three years to go," or "in three years I am out of here," or "I just need to survive for at least
three more years," or "I need my job here for at least another 3 years," or some similar
phrase.
*The term public records, as used herein, has the same meaning and scope as the definition of
Public records adopted by the Florida Legislature as Statutes Chapter 119.
3
**The phrase Town of Gulf Stream when used herein refers to the Town in its entirety and all
entities of the Town including all employees, appointees, officials, assignees, counsel and
consultants including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town
Mayor, Town Departments, Town Police Officers, Town Employees, Town Staff Attorney, Town
Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney
including all attorney, partner and employee members of that firm; the Town Counsel of Sweetapple,
Broeker & Varkus including all attorney, partner and employee members of that firm, the Town
Counsel of Richman Greer, P.A. including all attorney, partner and employee members of that firm
and any other entity associated with the Town and subject to public records law.
If you do not understand any part of this request or if you need clarification about this request, notify me as
soon as possible so I may further describe or clarify this request. Due to issues of delivery failure and
occasional rejection by your server this email is being sent to multiple recipients to insure prompt delivery.
All responses to this public records request should be made in writing to the following email
address:
chrisoharegulfstream@gmail.com
Renee Basel
From:
Renee Basel
Sent:
Tuesday, December 6, 2016 11:37 AM
To:
'Chris O'Hare'
Subject:
RE: Public Record Request - Thrasher leaving comm. - Clarification of Time Period
Mr. O'Hare:
This is a quick e-mail just to let you know that we received your clarification and will add it to GS #2405.
Thanks and have a GRAND day!
R"Id Riaw" '9491
Executive Administrative Assistant
Town of Gulf Stream
loo Sea Road
Gulf Stream FL 33483
561.276.5116
561.737.o188 -fax
www.gulf-stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Monday, December 5, 2016 8:18 AM
To: Bill Thrasher <bthrash er@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>; Renee Basel <RBasel@gulf-
stream.org>
Subject: Re: Public Record Request - Thrasher leaving comm. - Clarification of Time Period
Dear Custodian of Records,
I am writing you regarding my request to inspect public records made to your agency on November 13, 2016
which you have subsequently labeled as GS #2405.
In order to further clarify this request I ask that you limit your production to only those records created or
received by your agency during the time period from January 1, 2013 up to the date when you respond to this
request with the production of responsive records.
This is not a new request. This is only a clarification of the time period for the purposes of limiting the
production of records responsive to GS #2405.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 5, 2017
Chris O'Hare [mail to: chrisoharegulfstream(a gmail.coml
Re: GS #2405 (Thrasher leaving comm.)
I request to inspect all public records* in the custody of the Town of Gulf Stream ** the subject
of which is either substantially ofpartly related to William Thrasher leaving his current
position as Town Manager. The records I anticipate being responsive to this request may
include but are not limited to letters, emails, memos, messages (digital or analog text, voice or
other) minutes, notes, reports, estimates and any other item recognized by Florida Statute to be
a public record. To further clarify this request, the records I request to inspect may include but
are not limited to Mr. Thrasher communicating to anyone in any form that he is contemplating,
planning or intending to leave his current position as Town Manager; communications to Mr.
Thrasher in any form, regarding his leaving his current position as Town Manager;
communications between parties other than or in addition to Mr. Thrasher in any form,
regarding his leaving his currentposition as Town Manager. Please include the email from Mr.
Thrasher to a vendor where Mr. Thrasher expresses the sentiment, "1 have three years to go, "
or "In three years I am out of here, " or "I just need to survive for at least three more years, " or
"1 need my job here for at least another 3 years, " or some similar phrase.
In order to further clarify this request I ask that you limit your production to only those records
created or received by your agency during the time period from January 1, 2013 up to the date
when you respond to this request with the production of responsive records.
Dear Chris O'Hare [mail to: chrisohareeulfstream(a.gmail.coml:
The Town of Gulf Stream has received your public records request dated November 11, 2016
and further clarification to your request on December 5, 2016. However, nothing in the Public
Records Act requires the Town to respond to a standing request for production of public records
that it may receive in the future. See Inf. Op. to Worch, June 15, 1995. Therefore, the Town is
limiting its search to records created or received by the Town through December 5, 2016, the
date you sent your clarification, only as a courtesy to you.
You should be able to view your original and clarification requests and response at the following
link:
http://www2.gulf-stream.org/weblink/O/doc/l 03532/Pagel .aspx
You have asked that the Town only provide those records that do not require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes and that the
Town provide an estimate of the cost that would be required to fulfill the request as permitted by
the Public Records Act. To that end, the Town has spent at least 15 minutes on your request and
is providing with you with a response at the same link above.
While we believe that there are no records responsive to your request for "all public records...
the subject ofwhich is either substantially ofpartly related to William Thrasher leaving his
current position as Town Manager," including, "letters, emails, memos, messages (digital or
analog text, voice or other) minutes, notes, reports, estimates and any other item recognized by
Florida Statute to be a public record ", other than what we have provided, to be sure of that fact,
the Town requests a deposit for an additional hour of administrative support at $35.60, the labor
cost of the personnel providing the service, per Fla. Stat. § I I9.07(4)(d).
If the costs of producing these documents will exceed your deposit, the Town will provide you
with an initial production of responsive records and an estimate for the production of any
additional responsive records. If the costs of production are less than the deposit, the Town will
provide you with the responsive records and a refund.
(One hour at 35.60) = Deposit Due: $35.60 in cash or check.
Upon receipt of your deposit, the Town will use its very best efforts to further respond to your
public records request in a reasonable amount of time. If we do not hear back from you within
30 days of this letter, we will consider this request closed.
Sincerely,
JZ" IZ"" $
As requested by Rita Taylor
Town Clerk, Custodian of the Records
SCOTT NV. MORGAN, Mayor
THOMAS M. STANLEY, Vice -Mayor
PAUL A. LYONS, JR.
JOAN K. ORTHWEIN
DONNAS. WHITE
November 1, 2016
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Mayor Morgan and Town Commissioners
Town of Gulf Stream
Palm Beach County
Telephone
(561)276-5116
Fax
(561)737-0188
Torn Manager
WILLIAM 11. THRASHER
Town Clerk
RITA L. TAYLOR
I hereby tender my resignation effective April 28, 2017. Thank you for the opportunity to serve
you and the residents of the Town of Gulf Stream.
Respectfully,
William H. Thrasher, Town Manager
Town of Gulf Stream
Palm Beach County, Florida
100 SEA ROAD, GULF STREAM, FLORIDA 33483
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON THURSDAY, NOVEMBER 10, 2016 AT
9:00 A.M., IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN
HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
Call to Order.
Mayor Morgan called the meeting to order at 9:00 A.M.
Pledge of Allegiance.
The Mayor led the Pledge of Allegiance.
Roll Call.
Present and
Participating
Absent:
Also Present a
Participating:
Scott W. Morgan
Thomas M. Stanley
Paul A. Lyons, Jr
Donna S. White
Joan K. Orthwein
John Randolph
William Thrasher
Rita Taylor
Edward Nazzaro
Edward Allen
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Attorney
Town Manager
Town Clerk
Staff Attorney
Acting Police Chief
IV. Minutes of the Regular Meeting of October 14, 2016.
Vice Mayor Stanley moved to approve the minutes and Commissioner
White seconded the motion with all voting AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Mayor Morgan announced that due to Commissioner Orthwein being
absent and Commissioner Lyons having to leave early, the Public Hearing
is being moved to Item VII. On the agenda and the Communication from the
Public will be heard as Item VIII.
The Town Clerk requested to have Resolution No. 16-12 included
with Item X.D., Resolution No. 16-13 added as Item X.E. and Item X.E.,
Items by Mayor and Commissioners, to be heard as Item X.F. There were
no objections to any of the requested changes.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. December 9, 2016 @ 9:00 A.M.
2. January 13, 2017 @ 9:00 A.M.
3. February 10, 2017 @ 9:00 A.M
4. March 10, 2017 @ 9:00 A.M.
5. April 14, 2017 @ 9:00 A.M.
There were no comments with regard to the meeting dates.
VIZ. PUBLIC HEARING
A. Declaration of Ex -Parte Communication
There was no ex -parte communication declared.
B. Administration of Oaths
Town Commission Regular Meeting
& Public Hearing Hov. 10, 2016
At 9:00 A.M.
CThe Town Clerk administered the Oath to Fernando Nunez, Mr. &
Mrs. Bryan Isackson, Christopher O'Hare, Chet Snavely, Miguel Neumann,
William Spangler, and Julio Martinez.
C. Applications for Development Approval
1. An application submitted by Fernando Nunez, as Agent for
Bryan A. Isackson, the owner of property located at 2500
Avenue Au Soleil, Gulf Stream, Florida, which is legally
described as Lot 53 less the westerly 6 ft., Place Au
Soleil Subdivision.
Mr. Nunez said the owners are asking to "push out" an
existing wall on the east side in order to convert this small covered
area to air conditioned space, convert the existing garage to living
space, remove the outside stair case and provide an enclosed entry and
construct a new attached 3 -car garage.
In reply to a question from Commissioner white Mr. Nunez said the
Demolition will consist of reducing the size of eaves to bring it more
in line with a Bermuda style and altering the structure to accommodate
the additions.
Vice Mayor Stanley inquired as to what was planned for the new garage
doors and was advised that they had not yet decided if they would be
wood or metal but they would be painted using the trim color. He added
that the columns would be clad with the natural light grey stone
matching the driveway pavers and the roof and Bahama shutters would be
black.
Mayor Morgan and Commissioner Lyons questioned the amount of glass on
the east side and Mr. Thrasher said staff looked closely at this but it
is not being changed, other than having it converted to impact glass,
and it is grandfathered as configured.
Town Manager Thrasher said that the home was considered as "other
various" style and after the improvements it will still be classified
as "other various".
Chet Snavely, President of Place Au Soleil Homeowners Association, said
the neighbors and the Association have no problems with this project.
Christopher O'Hare had no objection to the improvements but believed
the landscaping in the front yard will not conform to an existing
ordinance and questioned the consultants statement that it does
conform.
Miguel Neumann took this opportunity to commend Officer Pyle for his
handling of a medical distress call in the neighborhood.
Julio Martinez was pleased with the renovations to the property and he
took the opportunity to commend Acting Chief Allen and the entire
police department for the way they have stepped up to the added
E
Town Commission Regular Meeting
a Public Hearing Nov. 10, 2016
At 9:00 A.M.
responsibilities during the unfortunate illness of Chief Ward.
Commissioner Lyons left the meeting with notice at 9:30 A.M.
a. DEMOLITION PERMIT to prepare space for new addition.
Vice Mayor Stanley moved to approve the Demolition Permit and
Commissioner White seconded the motion with all voting AYE.
b. LAND CLEARING PRMIT to clear the site for construction.
Vice Mayor Stanley then moved for approval of the Land
Clearing Permit as requested, Commissioner White seconded the motion
and all voted AYE.
c. SPECIAL EXCEPTION to permit the extension of the
non -conforming west wall of the dwelling.
Vice Mayor Stanley moved to approve the Special Exception to
permit the extension of the non -conforming west wall of the dwelling as
per Section 70-75(c). Commissioner White seconded his motion and all
voted AYE at roll call.
d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
construction of a 2,355 square foot addition consisting
of a new garage and covered entry to the existing 2 -story
single family dwelling.
Vice Mayor Stanley moved to approve the Level 3
Architectural/Site Plan based on a finding that the proposed
construction of a 2,355 square foot addition to the existing 2 -story
single family dwelling meets the minimum intent of the Design Manual
and applicable review standards with the condition that the plans are
submitted to Place Au Soleil Homeowners Association for review and
comment prior to the Public Hearing to be held by the Town Commission
on November 10, 2016, which has been done and has received their
approval. Commissioner White seconded this motion of approval and all
voted AYE.
VIII. Communication from the Public (5 min. maximum).
William Spangler from Place Au Soleil was recognized and
suggested that he would like to review the budget with regard as to how
much would be spent in Place Au Soleil and for what purpose.
Mayor Morgan explained that very rarely were individual item
expenditures listed in the budget and the Town as a whole is considered.
He said he would be happy to meet with him and discuss the budget
matters in detail.
Christopher O'Hare commented regarding some Social Security
Numbers that had not been redacted from some material that had been
entered on line and about Mayor Morgan's statement in the Coastal Star
Newspaper regarding failed settlement attempts.
IX. Reports.
A. Utility Undergrounding-Danny Brannon (Engineer)
In the absence of Mr. Brannon, Mayor Morgan reported there
are 18 street lights going in along AlA and there will be extra costs in
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Town Commission Regular Meeting
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At 9:00 A.M.
the amount of $11,530.49 due FP&L associated with the undergrounding of
service to 7 of them as there will need to be directional boring and
conduit in this area to avoid damaging the roots of the protected pine
trees. He said Phase 2 is moving along nicely on the side streets and
soon the installation will commence on the major streets.
B. Town Manager
1. Public Records Compliance Report -ANNUAL REVIEW
( The Town's staff attorney, Edward Nazzaro, presented the
annual review and pointed to some specific updates that have been
implemented, some of which are providing a link on line to provide
answers to public record requests, updating the cost for producing a
public record to reflect the current costs involved and updating the
acknowledgement form letters.
2. FEMA Reimbursement Disaster Declaration DR -4283 -FL
(Preparation for Matthew)
The Town Manager advised that he and Acting Chief Allen
had attended a meeting with regard to FEMA reimbursement of costs that
were incurred with preparation for "Matthew". He said that Chief Allen
will be the primary respondent in these activities and he would be the
alternate. He added that these procedures sometimes continue on for as
many as 5 years. Mr. Thrasher added that the Town expended approximately
$20,000 on preparations and it is possible that 87.5% will be reimbursed
from FEMA.
C. Architectural Review & Planning Board
1. Meeting Dates
a. November 17, 2016 @ 8:30 A.M.
b. December 15, 2016 @ B:30 A.M.
c. January 26, 2017 @ 8:30 A.M.
d. February 23, 2017 @ 8:30 A.M.
e. March 23, 2017 @ 8:30 A.M.
f. April 27, 2017 @ 8:30 A.M.
D. Finance Director
1. Financial Report for October 2016
Mr. Thrasher reminded that this report is covering the
first month of the new fiscal year so there is not a great deal of
information but he will address any questions with regard to the report.
There were no questions and the report was accepted as presented.
E. Police Chief
1. Activity for October 2016
Acting Chief Allen asked that the report be accepted as
presented and Mayor Morgan declared it accepted as presented.
X. Items for Commission Action.
A. Consideration of Legal Fee Reimbursement to Mr. Ganger
Mayor Morgan reminded that Mr. Ganger had sent a letter
requesting reimbursement of legal fees incurred while he was Vice Mayor
but that since that time he has submitted a letter withdrawing that
request.
B. Appointment of an Alternate Member for the ARPB
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Town Commission Regular Meeting
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At 9:00 A.M.
Mayor Morgan reminded that there is now a vacancy on the ARPB
as a result of Mr. Roach moving from an Alternate Member to a Regular
Member. He said he had spoken to several people and found that Amanda
Jones has an interest in serving once again on the ARPB. He reminded
also that she had in the past served in that position.
Both Commissioner White and Vice Mayor Stanley reported that they had
both served on that Board when she was there and they remembered her as
being very knowledgeable, well informed and interested.
Vice Mayor Stanley moved that Amanda Jones be appointed as an Alternate
Member on the ARPB and the motion was seconded by Commissioner White
with all voting AYE at roll call.
C. Resolution No. 16-11; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
THE CONSTRUCTION SITE MANAGEMENT HANDBOOK WHICH WAS
AUTHORIZED BY ORDINANCE NO. 95/9 AT ARTICLE IV, RULES AND
REGULATIONS, SO AS TO PROVIDE FOR REMOVAL OF CONSTRUCTION
MATERIALS AND DEBRIS DURING A TROPICAL STORM AND HURRICANE
WARNING OR WATCH; PROVIDING FOR AN EFFECTIVE DATE.
Staff Attorney Nazzaro reported that he had been asked to look into the
matter of preparing construction sites for storms and researched how
other towns in both Palm Beach and Broward Counties were addressing
this. He said this resolution reflects his findings and that Attorney
Randoloph is in agreement with this Resolution.
Mayor Morgan pointed out that this Resolution gives the Town an
opportunity to take action if the owners/contractors fail to do so.
The Town Clerk read the Resolution No. 16-11 by title.
Christopher O'Hare cautioned that the Town and their contractors must
be protected in the event they enter private property to secure
materials, etc.
Vice Mayor Stanley moved to adopt Resolution No. 16-11 as stated and
Commissioner White seconded his motion with all voting AYE.
D. Interlocal Agreement W/Northern Palm Beach County Improvement
District-MS9 NPDES Fourth Cycle Permit.
Town Manager Thrasher advised that the Northern Palm Beach
County Improvement District has been the lead agency since the
beginning of the NPDES Permit Cycles and Gulf Stream has had a number
of Interlocal Agreements with them during these cycles. He recommended
the adoption of Resolution No. 16-12 to authorize the adoption of the
Interlocal Agreement.
Town Clerk Taylor read Resolution No. 16-12 by title and Vice Mayor
Stanley moved for the adoption of Resolution No. 16-12 with
Commissioner White seconding his motion and all voting AYE.
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Town Commission Regular Meeting
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E. Resolution No. 16-13; A RESOLUTION OF THE TOWN COMMISSION OF
�✓ THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE
APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE
GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016;
PROVIDING AND EFFECTIVE DATE.
Town Manager Thrasher explained that a few years ago the auditors asked
that the Town keep a record of the dollars that flow to Delray Beach
via building permit fees and the number of permits that were issued on
behalf of Gulf Stream. Last year that figure was $480,797 and that
requires an adjustment because that department would be over budget by
$200,798.
Town Clerk Taylor read Resolution No. 16-13 in it's entirety after
which Vice Mayor Stanley moved it's adoption, said motion being
seconded by Commissioner White with all voting AYE at roll call.
F. Items by Mayor & Commissioners
Commissioner Stanley commented that with the undergrounding
moving forward there will be questions from residents regarding
transformers along the street and he encouraged those with questions to
either call the Town Hall or one of the Commissioners and they will be
pointed in the right direction for answers.
Sheila Scott, 2910 Gulf Stream Road, was recognized and expressed her
concern that there would be a transfer placed directly across the street
from her that she understood would not be screened from her view due to
there needing to be access to it from the street. She reported that she
is now serviced from the easement in the rear and does not understand
why the transformers are not be placed there rather than on the street.
She said her son is here to speak about a plan he is suggesting that
would work very well.
Mayor Morgan stated that the Commission does not have the details of the
construction here but that he would very much like to have her son's
phone number after the meeting as he wants to have Mr. Brannon, the
consultant on the project, call him to discuss the project.
Mayor Morgan reported that he was given a letter last week
from Town Manager Thrasher, tendering his resignation effective April
28, 2017 and thanking this Commission for the opportunity of serving
this Town and its residents over the 20 odd years he has been Gulf
Stream's Town Manager.
The Mayor said he was certain that he speaks for the members of the
Commission in saying that working with Mr. Thrasher has been an
educational experience and a pleasure. Mayor Morgan commented that there
are few dedicated public servants as Mr. Thrasher and over the years he
has been serving this town selflessly, hours at night, hours during
weekends, during any call, he is there spending time away from his wife
and family serving this town due to his own personal belief in serving
Gulf Stream, adding that he has been very impressed by his action and
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Town Commission Regular Meeting
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At 9:00 A.M.
the Town has benefited mightily from his action. He has worked with and
knows all of the local town managers on the barrier island and across
the water. He has worked with those in West Palm Beach and Tallahassee
handling the regulatory morass that we must go through as a municipality
in the state, county and federal governments. He pointed out that Mr.
Thrasher has done this quite well and saved the Town a lot of money and
made a very efficiently run town. Mayor Morgan pointed out that Gulf
Stream is a model town in efficiently and financial stability which we
��✓✓ can attribute to Bill in no small part.
The Mayor said he had watched Mr. Thrasher manage this office with the
clerks staff and police department and that he has their loyalty
because he is a good manager. He is fair, but firm, is considerate, but
respectful, and for that he has a strong relationship with staff which
speaks volumes for his managerial skills. Mayor Morgan said that he,
personally, will miss Mr. Thrasher's advice and his professional
counsel. The Mayor closed by saying "thank you and job well done, Bill"
XI. Adjournment.
Mayor Morgan adjourned the meeting at 10:15 A.M.
Rita L. Taylor
Town Clerk
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