HomeMy Public PortalAbout12 14 18 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 14, 2018 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.
Mayor Morgan led the Pledge of Allegiance.
III. Roll Call.
Present and
Participating: Scott W. Morgan Mayor
Thomas W. Stanley Vice Mayor
Paul Lyons, Jr. Commissioner
Joan K. Orthwein Commissioner
Donna S. White Commissioner
Also Present &
Participating:
Absent W/Notice:
IV. Minutes.
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
John Randolph
Town Manager
Staff Attorney
Police Chief
Town Clerk
Town Attorney
A. Regular Meeting of November 9, 2018.
Commissioner Orthwein moved to approve the minutes of
November 9, 2018, and the motion was seconded by Vice Mayor
Stanley with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes to the agenda.
VI. Announcements.
A. Regular Meetings and Public Hearing
1. January 11, 2019 at 9:00 A.M.
2. February 8, 2019 at 9:00 A.M.
3. March 8, 2019 at 9:00 A.M.
4. April 12, 2019 at 9:00 A.M.
S. May 10, 2019 at 9:00 A.M.
Mayor Morgan called attention to these dates.
VII. Communication from the Public (3 min. maximum)
There was no comment from the public.
VIII. PUBLIC HEARING
A. Declaration of Ex -Parte Communication
There was no Ex -Parte Communication declared.
B. Administer Oaths
The Town Clerk administered the Oath to Ken Weitz and Dan
Carter.
Minutes of Town Commission
Regular Meeting & Public Hearing
Held Dec. 14, 2018 @ 9:00 A.M.
C. Applications for Development Approval
1. An application submitted by Ken Weitz of Vintage Building
& Design, as Agent for Arthur Family LLC, a Florida Limited
Liability Company, owner of Property located at 3423 Oleander
Way, Gulf Stream, Florida 33483, legally described as Lot 49
of Re -plat of Part of Gulf Stream Properties No. 2.
Mr. Weitz, of Vintage Building and Design, stated they are proposing to
demolish the existing home that is on the property and in its place
landscape the property. Mr. Weitz requested an extension of the demo
through January stating that they are ready to apply for the demo permit
immediately upon approval by the Commission. He stated they thought it
would take four to five days to demolish the house.
Mayor Morgan asked what would happen after the four to five days of demo
and Mr. Weitz said they would then begin landscaping. Mr. Lyons asked
the background on the property relating to ownership. Mr. Weitz
explained the buyer as being the Arthur Family Trust and the Clark's
have interest in that Trust. He added that it is the Clark's intention
to incorporate this land into their current property. Mr. Lyons asked
if they were trying to create more green space and Mr. Weitz agreed.
Mayor Morgan asked if there were any plans to build on it and Mr. Weitz
answered there were not.
Mr. Carter, Landscape Architect, stated the intention of the Clark's was
to create a heavy buffer on the west side using a similar material that
is already on Oleander. The clusia will come in somewhere between 6'
and 8' tall, and will be adding coconuts and a banyan to the corner to
create a second story buffer so it's basically surrounded by plant
material and not visible from the street.
Commissioner Orthwein asked if all the neighbors had seen the plans,
which prompted Mayor Morgan to ask if there had been any comments from
the neighbors. Town Clerk Taylor stated there had been one and that she
was present in the meeting. Ms. Taylor explained that Mrs. Dean had
attended the ARPB meeting on November 15, 2018. Mayor Morgan then asked
if Mrs. Dean would like to speak and she declined stating that she was
comfortable with what has been happening thus far. Ms. Taylor then
explained that was the only comment that has been made.
Mayor Morgan asked for comments from staff stating that it was unusual
to go beyond the seasonal demolition period. Town Manager Dunham
explained that there was an application process for that and that it
goes through the Town Manager's office and if the permit was approved by
the Commission, then Mr. Weitz could come in as early as the afternoon
to go over the process.
04,
Minutes of Town Commission
Regular Meeting & Public Hearing
Held Dec. 14, 2018 @ 9:00 A.M.
Commissioner Lyons questioned if the other neighbors would be consulted
and Mr. Dunham explained that the Town Manager had to be satisfied that
the work wouldn't interfere with the neighbor's enjoyment or well-being
and that Mr. Weitz would have to provide sufficient evidence that
wouldn't happen.
Mayor Morgan asked if the application was premature being brought before
the Commission and Staff Attorney Nazzaro explained the reason for this
application coming before the Commission was due to the fact that it is
a Level III Application and has nothing to do with seasonal
restrictions.
a. DEMOLITION PERMIT to remove all structures from the
property.
Vice Mayor Stanley moved to approve the Demolition Permit.
The motion was seconded by Commissioner Orthwein with all voting AYE at
roll call.
b. LAND CLEARING PERMIT to clear property to prepare for new
landscaping and irrigation.
Vice Mayor Stanley moved to approve the Land Clearing
Permit. The motion was seconded by Commissioner Orthwein with all
voting AYE at roll call.
C. LEVEL III ARCHITECTURAL/SITE PLAN REVIEW to re -
landscape and irrigate entire lot.
Vice Mayor Stanley moved to approve the Level III
Architectural/Site Plan Review to re -landscape and irrigate the entire
lot. The motion was seconded by Commissioner Orthwein with all voting
AYE at roll call.
IX. Reports.
A. Town Manager
1. Town CIP Report
The Town Manager welcomed Rebecca Travis from Matthews
Engineering and explained that she had been involved with the CIP plan
from the beginning and asked her to review where the Town left off after
approving the plan, the timing of it, as well as the expenses. All of
which, he added, were subject to change. Mayor Morgan added that
because this project is so broad and covers such a long period of time,
he wanted Ms. Travis to narrow the focus to the risk of failing water
mains and what her recommendation would be regarding the main water
line, the size of the repair, what total portions of the roads would be
involved, the approximate length of time they estimate to accomplish it,
as well as the cost.
Ms. Travis stated Matthews Engineering has a Capital Improvements
Program for town -wide improvements that include water main, road and
drainage work. She said the outfall at Polo Drive has already been
completed, which was the first project on the list, and now brings them
to the designing element for the first phase. There is an outline in
the CIP for what to do first, second, third and fourth, but any of that
can be modified, switched around, depending on funding and the Town's
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held Dec. 14, 2018 @ 9:00 A.M.
preference for what they would like to have done. Almost all the water
mains in the Town are transite, which is about 60-70 year old water
mains that become very brittle through the years. At the time it was
installed, it was the best thing you could put in and didn't realize as
they aged they would possibly fail to the point if you excavate in an
area with a transite water main, you take the chance of it blowing out,
thus the reason for the top priority being to work on the water main.
She reviewed the upsizing and replacement of the water main on Ocean
Blvd. north of Golfview, however, the first project in the CIP schedule
is to do the North Core, which is road improvements and water main north
of Banyan. Mayor Morgan stated he would like to focus on the water main
along AlA. He asked if that would be done in piece meal fashion or done
all at the same time. Ms. Travis stated that the whole length would be
done at one time by replacing the water main, not under the pavement,
but on one side or the other and work with the DOT for a maintenance of
traffic plan so there is as little disruption on AlA as possible. Mayor
Morgan asked what the estimated time for that production with Ms. Travis
giving a ballpark of seven to eight months of design and nine to ten
months of construction. The cost is at $1,000,000 for construction and
$135,000 for engineering.
Cuppy Kraft spoke out from the public in attendance and asked what the
boundaries were for this project. Mayor Morgan and Vice Mayor Stanley
both answered that the boundaries started on AlA at Golfview and ended
at Sea Road.
Ms. Travis continued her presentation by discussing the local streets
within the Town stating the typical progression would be that you have
your water main on one side or the other of the roadway and sometimes it
may be under the roadway. The plan has it on the left side of the
existing water main. When going in to install the new water main, they
leave the old one in place so that everyone keeps water service for the
length of the construction period. What that means is they will be
tearing up some portion, if not the majority, of the road asphalt to put
the new water main in. In addition, they can sometimes directional
drill the water services under the pavement so they don't have to open
cut, but sometimes they end up having to open cut. The bottom line is
that the Town will have a lot of pavement disruption to replace the
transite water mains. When on AlA, they will be off to the side of the
pavement and hope to not have too much disruption. There is not too
much of a choice when it comes to the smaller right-of-way local roads,
so they will be replacing the road.
Mayor Morgan stopped Ms. Travis at this point and routed the
conversation back to AlA noting that part of the construction would be
on the west side and part on the east side. With this variance, he
wondered if they would have to go under the pavement. Ms. Travis
admitted that they would have some crossings where they would open cut
AlA. Mayor Morgan questioned her on it being open cut or directional
boring. Ms. Travis said it would probably not be a directional bore.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held Dec. 14, 2018 @ 9:00 A.M.
Commissioner Orthwein questioned if they would take out the old water
main once the new water main was installed. Ms. Travis answered that
they do not take out the old when it is transite pipe due to the need of
a special procedure to remove it because it is an asbestos filament
pipe. They abandon and grout it if it is bigger than a 4" pipe, but this
would need to be approved by the DOT for AlA, but on the local roads
they would grout everything. Mayor Morgan asked if there were
environmental concerns with respect to the asbestos lines or periodic
inspections by federal or state authorities. Ms. Travis said not for
what is in use. She added if you cut or break the pipe and expose it to
air then it's like asbestos in your house. It's fine if you leave it
alone and undisturbed, but once you dig up transite water main there is
a procedure where they have to bag and remove it properly.
Mayor Morgan brought the conversation back to AlA asking if they were
going to be digging along AlA with all the work being done in the right-
of-way or if it extended into private property. Ms. Travis said it would
be done only in the right-of-way. Mayor Morgan questioned the staging
of equipment along with the piling of debris and dirt. Ms. Travis
answered that once the contractor is selected, they are responsible for
trying to find a lay down or staging area. The contractor is required
to approach a resident or property nearby and pay them to utilize their
yard. These are typically vacant lots and the location must be approved
by the Town.
Commissioner Lyons asked for an explanation of a right-of-way. Ms.
Travis explained that a right-of-way is a publicly owned road, usually
the pavement and then some grassed/swale area to the property line where
an easement allows a public entity or utility, other than the property
owner, to enter onto private property. She stated that the water main
would be installed in the public right-of-way. Commissioner Lyons
wanted to know if that would be true in the Core District as well, and
she answered in the affirmative. Ms. Travis added that there was no
intention of going on to anyone's property with any improvements, nor do
they expect to ask for any easements from anyone to work on their
private property.
Mayor Morgan mentioned that the right-of-way appeared, in an aesthetic
standpoint, to belong to the resident and their property adjoining AlA.
Ms. Travis stated that the public right-of-way on AlA is owned by the
Department of Transportation. Most of the local roads in the Town are
public rights-of-way owned by the Town.
Mayor Morgan reiterated that the right-of-way on AlA was owned by the
State, so they have to secure permission from the State, design the
plans and have the State approve those plans because you are entering
their property. He reminded everyone of the significant delays the Town
ran into when doing the undergrounding project. He wanted to know that
once the State approves the plan, were there going to be any foreseeable
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held Dec. 14, 2018 @ 9:00 A.M.
disruptions, such as stalls or re -reviews by the State that could add
time to the project. Ms. Travis said that typically it could be a week,
at the most, as they have monthly progress meetings on any construction
job where the contractor attends, along with the DOT, throughout the
entirety of the project.
Mayor Morgan brought up the fact that one of the aesthetic landmarks in
Gulf Stream are the string of Australian Pines along AlA. He wanted to
know if Ms. Travis knew if any of those Australian Pines were in the
State right-of-way. Ms. Travis did not know. Mayor Morgan recollected
that when the Spence property was developed, a number of those pines
were in the State right-of-way and when the Town tried to replace them,
they were obstructed by the State, despite the fact that the Town has a
statute. He stated that he would like the regulatory permission for
Gulf Stream to harvest and plant the Australian Pines to be reviewed.
The Mayor felt it would be disastrous if they find the Australian Pines
are in the right-of-way and have to be removed for this project and then
the Town is prohibited from replanting them. Ms. Travis said they would
definitely try and go around the trees rather than have them removed and
replaced. Vice Mayor Stanley reiterated that the Commission would like
to know that the trees are safe when the permit is filed instead of
after the fact. Ms. Travis said they meet with the permitting agencies
before they design so as to not have any of these type issues.
Commissioner Orthwein stated that at one time DOT wanted to cut the
Australian Pines down, so she agreed that there needed to be a review of
everything on AlA before the Town gets too deep into this project. Ms.
Travis gave several possibilities of ways to get around the trees
altogether.
Town Manager Dunham asked Ms. Travis if Matthews were the engineers
working for the Town when it did the 12" line on the Southside. Ms.
Travis stated that Matthews did engineer that project but she, herself,
was not familiar with it. Commissioner Orthwein said the pines were
farther off AlA at that particular part of the road and the pines are
much closer to the road on this project.
Commissioner Lyons wanted to know if they were going to use trenching or
bore under the ground and what impact it would have on the current
landscaping. Ms. Travis said that if they open cut, they would try and
avoid as much of the landscaping as they could, but if the landscaping
is in the DOT right-of-way, then it is up to the DOT to replace. Mayor
Morgan recalled the DOT being quite aggressive in reasserting it's
rights with the Spence project and, as a result, the neighborhood had to
be developed in such a way that they didn't have any growth in the
right-of-way which could interfere with the aesthetic presentation of
the homes along AlA. Ms. Travis stated they could look at a directional
drill design, which would be more expensive in all probability.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held Dec. 14, 2018 @ 9:00 A.M.
Commissioner Orthwein suggested the first thing that needed to be done
in this situation is to preserve the canopy of the Australian Pines, as
it is historical to Gulf Stream. Commissioner Lyons agreed and stated
his gut was to move the lines down into the Core.
Mayor Morgan asked if anyone from the public wanted to comment on the
AlA portion of the plan. Cuppy Kraft asked how wide the right-of-way
was, as she was thought it was two feet. Mayor Morgan stated that it
comes from the mid -line of the road so the right -of way varies. Ms.
Kraft then wanted to know why all of Gulf Stream wasn't being done if
the pipes are so old. Commissioner Orthwein stated the south had
already been done and that this was to the north. Ms. Kraft wanted to
know if it was going all the way to St. Andrews and was answered by
Mayor Morgan who stated that it is ending at Sea Road because he
believes the water is contracted by Boynton beyond that. Ms. Kraft then
wanted to know why new pipes were being laid instead of going through
the old pipes as they just replaced their pipe line and it went through
the existing pipes. She said they didn't have to dig a whole new
trench, they just put a sleeve on it and wanted to know why that can't
be done for Gulf Stream. Ms. Travis answered that it works well for
smaller pipes but not a larger diameter pipe as there is a chance for
heaving the ground surface up. Gulf Stream is replacing a 6" pipe with
a 12" pipe, which is doubling the size.
Bob Dixon stated that if the main line had to be diverted to Gulf Stream
Road or Polo Road because of the trees, etc., all the current hook-ups
to the homes are off of AlA, so it would be pretty impossible to divert
these or a tremendous job if they had to resort to this. Ms. Travis
said that it can be done, but it is difficult. Chet Snavely added that
if you elect to plant in the right-of-way and the right-of-way has to be
disturbed by a municipal entity, it is the owner's responsibility to
replace anything that was damaged. Mr. Dunham agreed, saying that if
you plant in a right-of-way, you are planting at risk. Mayor Morgan
added, that is being done all through the Town.
Kristine de Haseth spoke and said that there is a 10 -foot easement in
between Polo and Gulf Stream that might be less disruptive to people's
vegetation if you were to access that area for the pipe. Mr. Dunham
answered that some of the water mains were already in that 10 -foot
easement. Mayor Morgan said it sounded to him like moving into the Core
with the main line was going to be more complicated so he would like to
continue the analysis of AlA and getting the information needed
regarding the Australian Pines, the rights-of-way, etc., and until that
information is received, he felt that it was pre -mature to look at doing
water lines in the Core or elsewhere. Ms. Travis admitted that the DOT
does have the upper hand because the Town is asking to put utilities in
their right-of-way. Mr. Dunham admitted that they were working with the
DOT at this point in time with the trees and poles.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held Dec. 14, 2018 @ 9:00 A.M.
Mayor Morgan wanted to know if the Core was dependent or independent of
AlA and Ms. Travis stated that you could do AlA first or the Core first,
it didn't really matter. She added the main on AlA is for improvement
in fire protection and in the Town's pressure and volume delivery. The
replacement of the lines in the Core is because of the material that has
reached the end of its useful life. At that statement, Commissioner
Orthwein wanted to know the life expectancy of the main on AlA. Ms.
Travis said it was the same as the Core, but the main on AlA is
undersized, and added that it really needed to be done first.
After much discussion, the Commissioners decided there needed to be some
legal research done into the statutory regulation that is protecting
Gulf Stream's Australian Pines and see how that relates to the DOT's
authority, then review the proposed plan in connection with, and
understanding of, the DOT's right-of-way and then approaching the DOT to
see what position they are going to take. Mayor Morgan asked Ms. Travis
if they obtained a written confirmation of the DOT's position and she
said that they set up a meeting with the DOT and take minutes, which
become a public record. They then distribute to everyone with a time
frame to see if there are any changes or corrections. Commissioner
Lyons mentioned that when they wanted to put a crosswalk in on the South
side, they had to go before the historical society, etc. and wondered if
the engineers had to do the same. Ms. Travis said that when you are
going underground, you don't have to do that. She added that when they
have their meeting with DOT, they ask for the Town Manager and any
Commissioners that want to come to that meeting to please do so as it
adds weight.
2. Street Lighting
The Town Manager stated that he hasn't received too many
calls regarding the street lights. He added that he and Brian Dietrick
have come into Town at night to check things out and have noticed a few
dark places, but the challenge is whether or not to put lights in where
it appears to be dark or do you leave it alone until someone calls. The
Town does have four extra lights to work with. He also said that he had
received calls saying how much people do like the lights.
3. Place Au Soleil Guardhouse
The Town Manager explained that a couple of months ago
mold was discovered by Mr. Dietrick while inside the guardhouse. A mold
remediation company was brought in to do testing in which they found
there was mold throughout the guardhouse. Another air test was ordered
after replacing some of the wood. Mayor Morgan asked if the guardhouse
was conditioned to which Mr. Dunham replied that it was. Mayor Morgan
then wanted to know how the mold got in. Mr. Dunham said that no leak
had been discovered and the air conditioner was working, so they believe
it may have been when the new roof and windows were done or it may be
the air had been run too low for an extended time. Once the mold starts
the air conditioner then spreads it. Commissioner White wanted to know
Minutes of Town Commission
Regular Meeting & Public Hearing
Held Dec. 14, 2018 @ 9:00 A.M.
if they thought it could be restored and Mr. Dunham answered in the
affirmative.
4. Comcast Update
The Town Manager stated that Comcast had completed 950 of
their vault installation and have told him they will be done pulling and
splicing the fiber by the end of January and that AT&T will come in
after Comcast is finished and not before. He is hopeful that AT&T will
come in as quickly as Comcast.
B. Architectural Review & Planning Board
1. The Town Manager explained that the ARPB Board has
requested that the Commission revisit the length of construction
periods. He deferred to Staff Attorney Nazzaro who stated that he had
Mrs. Rebecca Tew pull figures for construction in Gulf Stream and he
applied it to the sliding scale of the Construction Ordinance in the
Town of Palm Beach. After doing research with an average based on
square footage of homes in Gulf Stream, as stated in previous meetings,
it is not a big problem in the Town of Gulf Stream. He added that if it
was worth regulating through an Ordinance, he was willing to do more
work on it if that is what the Commission deemed necessary.
Commissioner Orthwein wanted to know what happened when they reach their
limit and Mr. Nazzaro answered there was a daily fine. He added that
what Palm Beach does procedurally is when you reach the time limit, you
go before their Council and ask for more time. Their Council has been
flexible and understanding in these instances, but the Ordinance helps
to "keep the finger on the pulse" on what is going on with construction
projects in town. Commissioner Lyons said that although there have been
very few people who have passed their time limit, he thought it would be
helpful for the Town to set expectations so it isn't open-ended and that
everyone knows what the rules are. Mayor Morgan asked if a magistrate
was involved when fining to which Mr. Nazzaro answered no, it was done
internally in their building department. The Commission did not see any
downside to drafting an Ordinance and asked Mr. Nazzaro to move forward
in doing so.
2. Meeting Dates
a. December 27,2018 at 8:30 A.M.
b. January 24, 2019 at 8:30 A.M.
C. February 28, 2019 at 8:30 A.M.
d. March 28, 2019 at 8:30 A.M.
e. April 25, 2019 at 8:30 A.M.
Mayor Morgan called attention to these dates.
C. Finance Director
1. Financial Report for November 2018
Mayor Morgan asked to let the record reflect that the Vice
Mayor had to leave the meeting at 10:20 A.M.
The Town Manager drew attention to a couple of issues in
the budget report that are paid in entirety at the beginning of the
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held Dec. 14, 2018 @ 9:00 A.M.
fiscal year, otherwise all is normal. Mr. Dunham added that the water
usage report is also a typical usage report. Commissioner White had
questions regarding the numbers on the 6" and 8" meters and Mr. Dunham
said that it would be looked into to make sure it wasn't unusual.
Commissioner Lyons brought up that smart meters should be looked into
again instead of manual reading and this would solve a lot of questions.
Commissioner White mentioned she thought it was budgeted for this year
and Mr. Dunham said that it was part of the CIP Plan.
D. Police Chief
1. Activity for November 2018
Chief Allen asked that his report also be accepted as
presented if there were no questions. There being none, the Mayor
declared both reports accepted. Chief Allen brought up a lot of traffic
issues of late on Banyan and Lakeview with large trucks entering off
AlA. He is proposing that the Town make both of those streets car access
only and post a sign for no trucks allowed. This will allow the Police
Department to take action and be able to write citations as they are not
allowed at the present time. They would be routed to Sea Road or
Golfview. Commissioner Orthwein asked if this would include the
landscaping trucks and Chief Allen replied in the affirmative. Mayor
Morgan agreed that something has to be done and the Commissioners were
unified and gave the Chief authority, under the Town Code, to get this
accomplished.
X. Items for Commission Action.
A. Unity of Title for Lot 5, Driftwood Landing
Staff Attorney Nazzaro noted that Vice Mayor Stanley had
already left the meeting but wanted to state for the record that he had
a conflict as he represents the Mullins in this transaction. Mr.
Nazzaro continued saying the homeowner at 10 Driftwood Landing has
purchased a six foot piece of property on the east side of the house
from the adjoining homeowners, The Mullins, who own 1010 N. Ocean
Blvd. They are wanting to combine their lot with the six foot piece of
property that is at the back of the property. Mayor Morgan asked what
the staff's recommendation was and Mr. Dunham said that he would
recommend approval.
Commissioner Orthwein moved to approve the Unity of Title for
Lot 5, Driftwood Landing. The motion was seconded by Commissioner White
with all voting AYE at roll call.
B. Items by Mayor & Commissioners
Mayor Morgan was pleased to report that the Town of Gulf
Stream had reached an agreement with Martin O'Boyle to resolve the
remaining public records lawsuits and avoid additional, drawn-out and
costly litigation. The cases that were part of the global settlement
are all that remain of the 44 public records lawsuits, which had arisen
out of more than 2,500 public records requests over the last four or
five years.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held Dec. 14, 2018 @ 9:00 A.M.
The defensive approach taken by the Town was essential in reaching the
conclusion and it affected significant legislative changes to protect
not only Gulf Stream, but other municipalities under the public records
law. with the changes in the law, the Town was confident that they and
other public agencies across the State of Florida would no longer be
threatened by an overwhelming amount of public records requests or
subject to lawsuits of the type that the Town was subject to over the
last four years. As part of the settlement, the Town admitted that it
violated the Public Records Act in four cases and is making a $15,000
payment in exchange for Mr. O'Boyle dismissing the remaining five cases
of all litigation. The parties will then mediate in an attempt to
settle the attorney's fee elements in those cases that were resolved or
stipulated in his favor. The Mayor stressed that this is a business
decision and one that the Commission believes serves the best interest,
at this time, of the Town by capping all legal fees. In fiscal year 17-
18, the Town secured dismissals or victories in seven public records
cases with one case decided adversely to the Town. Previously the Town
prevailed or secured dismissals in another 27 cases. These successes
and the change in the statutory law provided the leverage the Town
needed to secure this favorable settlement agreement. The Town was
pleased to put an end to this protracted litigation.
XI. Adjournment.
-May Morgan adjourned/the meeting at 10:37 A.M.
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Ren e R. Basel
E cutive Assistant
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