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HomeMy Public PortalAboutPRR 17-2510Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Saturday, March 4, 2017 7:17 PM To: Bill Thrasher; Rita Taylor; Renee Basel Subject: Public Record Request for certified records of official minutes of Town Commission - Special Meeting, July 11. 2014 adopted by Town Commission on September 12, 2014. Dear Custodian of Records, Please produce certified copies of each page of the public records which are the official minutes of the Regular Meeting and Public hearing held by the Town Commission of the Town of Gulf Stream on July 11. 2014 which were adopted by a unanimous vote of the Town Commission on September 12, 2014. 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 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. I agree to pay the statutory costs for the production of these records. Therefore there is no need to provide me with an estimate for this cost. 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 BEACH COUNTY, FLORIDA Delivered via e-mail March 6, 2017 Chris O'Hare [mail to: chrisohareeulfstreamna,email.coml Re: GS #2510 (Certified records of official minutes of Town Commission - Special Meeting, July 11, 2014 adopted by Town Commission on September 12, 2014) Please produce certified copies of each page of the public records which are the official minutes of the Regular Meeting and Public hearing held by the Town Commission of the Town of Gulf Stream on July 11. 2014 which were adopted by a unanimous vote of the Town Commission on September 12, 2014. Dear Chris O'Hare [mail to: chrisohareeulfstream(a)gmail.com1: The Town of Gulf Stream has received your public records requests dated March 4, 2016. You should be able to view your original request at the following link: httv://www2.gulf-strearn.org/weblink/O/doc/109669/Pagel.aspx You can pick up the certified copies you requested above at Town Hall between the office hours of 9:00 AM and 4:00 PM Monday through Friday. (7 pages @ $1.00) = Amount Due: $7.00 in cash or check. We consider this request closed. Sincerely, R" lziw .t+ As requested by Rita Taylor Town Clerk, Custodian of the Records DRAFy MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 11, 2014 AT 9:00 A.M.IN THE 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 Pledge of Allegiance was led by Mayor Morgan. III. Roll Call. Present & Scott W. Morgan Mayor Participating: Robert W. Ganger Vice Mayor Joan K. Orthwein Commissioner Thomas Stanley Commissioner Donna White Commissioner Also Present & John Randolph Town Attorney Participating: William Thrasher Town Manager Rita Taylor Town Clerk Christopher O'Hare Town Resident Martin O'Boyle Town Resident Tony Graziano Town Resident Patsy Randolph Town Resident IV. Minutes. A. Regular Meeting of June 13, 2014 B. Special Meeting of July 1, 2014 Mayor Morgan asked if there were any corrections or additions to the Minutes and there were none. Commissioner Ganger moved that the minutes of the Regular Meeting of June 13, 2014 and the Special Meeting of July 1, 2014 be approved as circulated and the motion was seconded by Commissioner Stanley with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. Mayor Morgan asked for any changes in the agenda. The Town Clerk asked that the meeting time be changed on Item VI.B. from 9 A.M. as shown to 4 P.M. She explained that September 12, 2014 is the date of one of the budget hearings which must be held after 5:00 P.M. and she felt that if the regular meeting was held at 4 P.M. it would be more convenient than having to make two trips in one day. All were in agreement with the change in time. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 8, 2014 @ 9 A.M. Both Mayor Morgan and Commissioner Orthwein advised they would not be able to attend the August Meeting. 1 Regular Meeting July 11, 2014 DRAFT= 2. September 12, 2014 @ 9 A.M. Vice Mayor Ganger and Town Manager Thrasher each stated there is a possibility that they may be attending an important meeting on September 12, 2014 but it has yet to be confirmed. 3. October 10, 2014 @ 9 A.M. 4. November 14, 2014 @ 9 A.M. 5. December 12, 2014 @ 9 A.M. VII. Communication from the Public (5 min. maximum) Christopher O'Hare came forward and called attention to some of the requirements contained in Ordinance No. 14/2 (Reasonable Accommodations) that he believed would require disabled persons to appear in public to discuss their disabilities which could be very embarrassing. Martin O'Boyle, another Town Resident, pointed out that at the last meeting he had attended he made some statements about Mr. Sweetapple that, in a recent filing by the Town, were stated to be incorrect. Mr. O'Boyle stated he had made an error and his statement about Mr. Sweetapple was incorrect. Mr. O'Boyle then questioned what the emergency was that prompted the emergency adoption of Ordinance No. 14/2. Mayor Morgan reminded Mr. O'Boyle that this section of the Agenda is for receiving comment from the public, it is not a question and answer session. Mr. O'Boyle answered that he felt that when an Ordinance is adopted the public has a right to know why such action was necessary. Mayor Morgan suggested that an appointment with the Town Manager be requested to discuss the matter and reminded Mr. O'Boyle that he is using up his 5 minutes. Mr. O'Boyle asked if the budget would be discussed at this meeting and if there would be an opportunity for public comment. Mayor Morgan said the budget is on the agenda and there would be an opportunity for comment from the public. Patsy Randolph, 3883 Gulf Stream Road, was recognized and commented that she was glad to see there would be an afternoon meeting in September as she is not a morning person. She further complimented whoever was responsible for the new landscaping that now screens an unsightly parking area. She then thanked the Mayor for his letter updating the residents on developments in the Town, adding that she hopes he will continue to do this on a monthly basis. Mrs. Randolph believed it is important to keep everyone informed at this budget time. She pointed out that the reserves have be reduced due to high legal costs as a result of law suits filed by two town residents, Mr. O'Boyle and Mr. O'Hare, and they should be restored to at least one million or one and one half million. She thanked the Mayor and Commissioners for their service and encouraged keeping the residents informed as they are interested and supportive of the Commissions actions. VIII. Reports. A. Utility Undergrounding-Danny Brannon (Engineer) 2 Regular Meeting July 11, 2014 15 RA F93 Mr. Brannon reported there is only one more boring to complete and that they expect to have the FPL undergrounding portion completed by the end of August. There has been some delay due to the rain but they will be bringing in extra crews to compensate he said. Commissioner Ganger advised there had recently been a fire in an existing transformer and he questioned if that would be less likely if the service had been underground. Mr. Brannon stated that lighting strikes are rare with underground service. Commissioner Stanley asked if he thought AT&T and Comcast would be off the utility poles by the end of this year to which Mr. Brannon replied that he thought they would be late, possibly 12 months from now. He explained that AT&T will only use their own workers, due to union contracts, and not hire any outside contractors. As a result AT&T use their people for new installations, repairs etc. and leave this kind of work until last. B. Town Manager The Town Manager had no report. C. Architectural Review & Planning Board 1. Meeting Dates a. July 24, 2014 @ 8:30 A.M. b. There is no meeting in August c. September 25, 2014 @ 8:30 A.M. d. October 23, 2014 @ 8:30 A.M. e. November to be determined f. December to be determined There was no comment regarding any of the dates. C. Finance Director 1. Financial Report for June 2014 Mr. Thrasher advised he had provided the report as of June 30, 2014. There were no questions and the report was accepted as submitted. E. Police Chief 1. Activity for June 2014 Commissioner Ganger questioned if the new software being used for this report has the capability of comparing to previous reports. Chief Ward advised that it does. There were no other questions and the report was accepted as submitted. IX. Items for Commission Action. A. Interlocal Cooperation Agreement With Palm Beach County - Participation in the Urban County Program for FY 2015-2017 Town Manager Thrasher explained that this is an agreement that the Town has entered into that has to do with block grants which Gulf Stream does not qualify for due to our per capita income. However the Town enters into the agreement to allow Palm Beach County to benefit as much as possible in distribution of grant monies. Commissioner Ganger commented that it appears to read the same as previous agreements, which was confirmed by Mr. Thrasher. 3 Dn V Regular Meeting ,�-L,: July 11, 2014 There were no questions and Commissioner Ganger moved that the Interlocal Cooperation Agreement with Palm Beach County be executed and Commissioner Orthwein seconded the motion with all voting AYE at roll call. B. Presentation of Proposed Budget for Fiscal Year 2014-2015 1. Budget Consideration Town Manager Thrasher reported that this is a balanced budget of 3.9 million dollars and change, revenues equal expenditures, we are providing a small amount of reserves going back into fund balance, $7,407. This budget has been generated based on a proposed millage rate of 3.7 and the taxable value which we calculated against is $878 million and change. This represents a value increase of a little over 140. The calculated rolled back rate is 3.4969. Commissioner Ganger asked if this is the final value figure to which Mr. Thrasher replied that there will be some small changes due to actions of the value adjustment board actions but this is the figures we will be working from. Mayor Morgan recalled that Mr. Thrasher had, at the special meeting, recommended leaving the millage rate at 3.7. Mr. Thrasher acknowledged that, adding that if there is any thought of raising that number, this would be the time to do it as it could be lowered at a later time if so desired but could not be raised above what is established at this meeting. Commissioner Ganger believed the Commission should be prudent about moving ahead with some of the items listed in view of the low reserves. He pointed out as an example, that if necessary in an emergency, the street lighting could be postponed. Commissioner Orthwein does not believe the Town should stop everything because of legal expenses and pointed out that the street lighting was something the residents have asked for. Mr. Ganger pointed that the Town had also made a commitment to the new residents that were annexed that we would continue to upgrade. Commissioner White noted that it is a shame that the Town is in a legal situation that is draining and too bad that money is being used in such a fashion. She did not feel the street lighting should be delayed, pointing out that residents have been disappointed that the undergrounding has been delayed and delaying the street lighting would be adding insult to injury. She felt the budget should move ahead with a positive reserve even though it may be smaller than we would like. Commissioner Stanley said he was torn between going through the next year with no reserves and trying to provide some increase in the Town's reserves. He stated a 2 point increase would produce over $175,000 and some residents have stated that they would not mind a little tax 4 Regular Meeting July 11, 2014 DD G?Ir , Jcr increase to build the reserves. He reminded that if a little increase was included, there will be an opportunity to receive resident input before it would become final. Commissioner Ganger pointed out there is a big gap between our current $600,000 and a million and a half. Mayor Morgan pointed out that the Town is in a unique situation in that you know what you are going to need and how much it costs but here we have an uncertainty, all of these law suits from Mr. O'Boyle and Mr. O'Hare and their related organizations that have to be addressed. He observed the legal is very expensive and is going to continue to be expensive and he was not sure what the end game is, as there seems to be no effort on the part of the plaintiffs of the law suites to stop bringing them. Many of them are records request violations which seem frivolous, set up just to bring law suits, not for legitimate purposes that residents would normally want for information but generated in such a way that creates difficulty and uncertainty in responding to it, and then they file a law suit based on that ambiguity. Regardless, it still has to be researched legally and responded to. He did not believe we should withhold the beautification of the Town to respond to Mr. O'Boyle's and Mr. O'Hare's law suits. Mr. Thrasher said he is reminded that we are sitting in the William F. Koch Chambers and he knew Mr. Koch would not want any part of increased taxes. He constantly tried to maintain millage rate. However, his activities were always directed toward protecting this town and the quality of life for the residents. With that in mind, the Town Manager said he would like to change his previous comment and have the Commission consider changing the proposed millage rate of 3.7 to 3.9 mills, generating approximately $175,000 additional revenue. He pointed out that where that would be accounted for in the budget is up to the Commission, adding that there are certain parts of the budget, the contingency or reserves, that cannot be touched by normal activities of the administrator. Commissioner Stanley asked at what point a final decision has to be made. Mr. Thrasher advised that at the meeting of September 12, 2014 this will be considered as a tentative budget and approximately 10 or 11 days later will become the final budget. Both Commissioner Ganger and Mayor Morgan felt that the next 7 or 8 weeks will be a good opportunity to speak to residents about a possible tax increase as is being proposed. Mayor Morgan said he was sorry there were not more residents present to voice their feelings in this regard. He then asked if there was anyone who wanted to be heard at this time. Tony Graziano, 3259 Polo Drive, was recognized. He stated that the portion of his property taxes that goes to the town is infantesimal and you could increase the millage rate to 4.7 and probably add $800,000 to a million dollars to the reserves for a legal defense fund and it would 5 Regular Meeting July 11, 2014 0 pc n CIT not cost him more than $100 per month in increased property taxes. He believed there are a large number of residents who would support that. Mr. Graziano added that if it was not needed for legal defense, it would be available for things needed in years to come. He observed our millage rate is a fraction of all the surrounding towns, about 90% of that in Ocean Ridge, 25% of Delray. If it were to be increased significantly from the Gulf Stream historic rate it would still not approach what other towns are paying and will give the residents comfort that we have whatever resources we need to fight whatever contingencies come along. Patsy Randolph, 3883 Gulf Stream Road, reported that there is a strong belief that while it has been wonderful while the millage has been at a low rate, we're concerned that the infrastructure may need some reinforcement, and residents are willing to be supportive of it. She felt there is quite a bit of support in raising the millage. Mr. O'Hare, 2520 Ave. Au Soleil, commented on the limited amount of revenue sources available to government and believed budgets are controlled thru spending. With regard to law suits, he stated that when talking stops you ask a judge to make a decision and if a frivolous law suit is filed the Town should sue them for everything they have. He added that when a case is filed that is indefensible, but you spend money just to say you can't do this to us, it's a silly expenditure of public money. He mentioned that he made a request for hand written notes from the last meeting because he noted there was an error in the draft copy. He stated these were not made available to him and if the staff were to follow the law on these things, law suits would not be necessary. Martin O'Boyle, 25 Hidden Harbour Dr., questioned who monitors the expenditures of the Town. The Mayor stated he was certain the process depends on the type of expenditure and that the staff reviews the bills and prepares the checks, some of which require the Mayor's or Commissioners signature. Mr. O'Boyle asked if there was a manual or some written directions to which Mayor Morgan advised that Mr. O'Boyle may set an appointment with the Town Manager to discuss the matter. With regard to the Public Records Law suits, Mr. O'Boyle asked Mayor Morgan how he could say the suits are frivolous when he isn't a Florida Attorney and not familiar with Chapter 119 of F1. Statutes. Mayor Morgan replied that he was expressing his opinion that this is an attempt to create public records requests that are vague, ambiguous, and overburdening to the staff, such that what you get in your mind is a delay that you could qualify a law suit under and then try to get attorney fees. He then asked Mr. O'Boyle to confine his comments to the budget under consideration. Mr. O'Boyle noted that the discussion among the Commissioners was centered around the uncertainty of legal fees from the suits. This being the case, he suggested that the Commission sit down and try to solve it. Regular Meeting July 11, 2014 toR4%FCF The Mayor pointed out that these suits have many different issues and are in various stages of action. He believed Mr. O'Hare was correct in saying it should be decided before a judge. Mayor Morgan observed that there seems to be a desire to increase the proposed millage to 3.9 which would require some calculations. He declared a 5 minute recess. Mayor Morgan called the meeting to order at 10:15 A.M. and asked Mr. Thrasher if he had completed the new calculations. Mr. Thrasher stated at the 3.9 proposed millage the calculator roll back is 3.4969 for the 2014/2015 fiscal year. He further announced that the proposed millage of 3.9 is 11.53% above the roll back rate. 2. 2013-2014 Millage Rate Mr. Thrasher announced the 2013/2014 millage is 3.7 mills. 3. Proposed Millage for Fiscal Year 2014-2015 Commissioner Orthwein moved that the proposed millage rate for the 2014/2015 fiscal year be established at 3.9 mills. Commissioner Ganger seconded the motion and all voted AYE at roll call. 4. Certification of Rolled Back Millage Rate Commissioner Ganger moved and Commissioner Orthwein seconded that the roll back rate be certified at 3.4969 and all voted AYE at roll call. 5. Date of First Public Hearing -Tentative Budget Adoption 6. Date of Second Public Hearing -Final Budget Adoption Commissioner Ganger moved and Commissioner Orthwein seconded that the first Public Hearing be held on September 12, 2014 at 5:01 P.M. and the second Public Hearing be held on September 23, 2014 at 5:01 P.M. All voted AYE at roll call. C. Items by Mayor & Commissioners Commissioner Ganger noted that there will only be 3 Commissioners sitting at the August meeting and it should be announced at that meeting that there will be no budget discussions with only 3 persons present. All were in agreement with this suggestion. X. Adjournment. Mayor Morgan adjourned the meeting at 10:30 A.M. Rita L. Taylor Town Clerk 7