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.
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July 11, 2014
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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)
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July 11, 2014
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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.
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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
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Regular Meeting
July 11, 2014
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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
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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
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