HomeMy Public PortalAbout12 13 2019 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 13, 2019 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
Joan K. Orthwein Commissioner
Also Present &
Participating:
Absent w/Notice
IV. Minutes
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
Paul A. Lyons
Donna S. White
Town Manager
Asst. Town Attorney
Police Chief
Town Clerk
Commissioner
Commissioner
A. Regular Meeting of November 8, 2019.
Vice Mayor Stanley made a motion to accept the minutes of
November 8, 2019, and the motion was seconded by Commissioner Orthwein
with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items
There were none.
VI. Announcements
A. Regular Meetings and Public Hearing
1. January 10, 2020 at 9:00 A.M.
2. February 14, 2020 at 9:00 A.M.
3. March 13, 2020 at 9:00 A.M.
4. April 10, 2020 at 9:00 A.M.
5. May 8, 2020 at 9:00 A.M.
6. June 12, 2020 at 9:00 A.M.
Mayor Morgan called attention to these dates.
B. Mayor's Proclamation for Election March 17, 2020
1. Election Day March 17, 2020 - 7:00 A.M. to 7:00 P.M.
Town Clerk Taylor read the proclamation and Mayor Morgan
stated it so proclaimed.
2. Candidates for Town Commission Filing Dates from noon
December 3, 2019 to noon December 17, 2019.
VII. Attorney Jeffrey Hochman - Re: Court of Appeals Ruling, Demartini
vs. Town of Gulf Stream
Mayor Morgan stated that he asked Mr. Hochman to be present
at the meeting to explain the facts of the case. Mr. Hochman
stated that Ms. Demartini, who worked for the O'Boyle
organization, had filed numerous public records requests, as well
as numerous lawsuits against the Town. The Town thought it
appropriate, in order to defend itself, to investigate what was
really going on. Two lawyers hired by the Town, with the help of
Minutes of Town Commission
Regular Meeting & Public Hearing
Held December 13, 2019 @ 9:00 A.M.
an insider within the O'Boyle organization, determined that there
was an effort to extort money from the Town and recommended the
Town file a federal civil RICO matter. The federal court
determined that even though the conduct was inappropriate, there
was no federal criminal claim so the Town couldn't go after them
for federal RICO. When that case was dismissed, Ms. Demartini
decided that by seeking that remedy, the Town had retaliated
against her and violated her first amendment rights to expression
and use the court system. This case was about whether she had a
valid case against the Town for violating her first amendment
right. The lower court said she couldn't do that unless she
showed the Town had no probable cause to file the lawsuit against
her. The lower court found that the Town did have probable cause
because she was engaged in a scheme to get a windfall using the
Florida Public Records Law, not to get public records but as a
way to get attorney's fees for a particular law firm. In this
case, the O'Boyle Law Firm, was run by Mr. O'Boyle's son,
Jonathan O'Boyle. When the insider stated that there wasn't a
genuine effort to get public records but a windfall scheme to
profit the law firm. The lower court found that the Town was
appropriate in using its lawyers to determine whether or not
there was something going on. The 11th Circuit has affirmed that
decision and Mr. O'Boyle is still fighting with Ms. Demartini and
will probably seek additional review with the 11th Circuit and
maybe to the United States Supreme Court.
Mayor Morgan commended Mr. Hochman and his law firm for a job
well done on this case. Mr. Hochman stated that Mr. O'Boyle had
already filed an appeal.
VIII. Communication from the Public (3 min. maximum)
There was none.
IX. Reports
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham referred to Steve Rosa for an update
from Comcast. Mr. Rosa stated that 35 out of 100 homes have pipe
installed and explained that due to the king tides they were a bit
behind but planned on doing another 30 homes before the end of the year.
He added that with the holidays coming up they didn't want to be digging
in people's yards, so they will begin again the second week of the new
year and would hopefully be finished by the end of January. Mr. Dunham
added that AT&T should be finished about the same time as Comcast.
Mayor Morgan asked if foliage or vegetation could be placed around the
conduits, to which Mr. Dunham answered they could, but it would be at
the residents own risk.
2. UPDATE: Pickleball application - Little Club
Town Manager Dunham stated that at the last meeting they
had decided to table the action for a month so a full understanding of
the noise impact could be heard. A sound engineer had not been hired
yet, but they had spoken to members of The Little Club and Hillside
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held December 13, 2019 @ 9:00 A.M.
House, he added, and would like to conduct a demonstration close to the
Hillside House. Mayor Morgan added that The Little Club had been very
cooperative throughout. A resident sitting in the audience asked if
pickleball was still a viable alternative because he understood the
Commissioners thought it was too loud after the demonstration at the B&T
and that The Little Club was now looking at Spec tennis. Mr. Dunham
stated that he had contacted The Little Club because he had heard rumors
that they were not going to pursue pickleball anymore and found that
those rumors were not true. Mr. Dunham added that he and Mayor Morgan
had gone to the B&T to see a demonstration and heard the differences
between tennis, the different pickleball versions, as well as spec
tennis. He said they were more than 50 feet away and were able to get a
good idea of the noise that these made, thus deciding they wanted a
demonstration at the Hillside House. The resident replied that after
the demonstration he still thought pickleball was a dead issue, per
their meeting with Mr. Dunham and Mayor Morgan. Mr. Dunham explained
that after he spoke with the president at The Little Club, they had not
agreed that pickleball was a dead issue. Mayor Morgan stated that
pickleball, as defined in the application, was what was still on the
table.
Mr. Benoit, a resident at St. Andrews, felt like this was
a switch from what they had been told. He didn't think a demonstration
at the Hillside House was still going to be of use without a court there
to play on. He added that if the delaying of the application was to the
spring, this would once again be similar to the application that went
through in the summer when the residents weren't in town.
Mayor Morgan stated that when he and Mr. Dunham watched
the demonstration at the B&T, they now had a good understanding of where
the noise comes from and it doesn't come from the court itself but the
whacking of the ball on the paddles. He added that was what they want
to recreate at the Hillside House. Mayor Morgan said they were
postponing everything to the commission meeting in April of 2020 and
most residents would still be in town. He added that he didn't think a
sound engineer would be necessary as they were just going to give
decibel levels and he was more interested in hearing it for himself.
Mr. Benoit said that the April meeting would be right on the cusp of
when people leave and thought it would present difficulties with the
residents.
Liz Morris, a resident at St. Andrews, wanted to make sure
when the demonstration was done at Hillside House, they had real
pickleball players and not just two people batting the ball back and
forth. Another resident from St. Andrews said the noise level of the
people playing needed to be taken into consideration as well. Town
resident, Debbie Cutler, stated that she hears the noise from quite a
distance away at her house in Cape May, but her worries are the traffic
issues that will now be on Little Club Road. Mr. Dunham stated all
these reasons are why they are slowing down the process so they can take
everything into consideration. Commissioner Orthwein told those in
attendance to not worry if they couldn't be at the April meeting. She
added the Commission was very aware of the situation and was not trying
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held December 13, 2019 @ 9:00 A.M.
to sneak anything by the residents. Mayor Morgan noted there was a
consensus to move the hearing and vote to April of 2020.
3. Water Main Update
The Health Dpt. and FDOT permits have been submitted. The
100% design package has been submitted by Baxter & Woodman and will soon
be ready for bid procedures by the end of the month. Debbie Cutler
asked when the work would begin on Little Club Road. Mr. Dunham said
that the water main construction would begin early fall of 2020. Ms.
Cutler than asked about the undergrounding to which Mr. Dunham said that
once Comcast and AT&T were finished then FP&L would come in and take
down the old poles.
4. Resolution supporting efforts to remove State Statute Pre-
emptions of local law (Home Rule)
Town Manager Dunham referred to Resolution 19-16. The
Town, by passing the resolution, is supporting a Senate bill that is in
place now that would overturn a State law that pre-empts local towns and
cities from passing their own ordinances regarding the use of plastic
bags and plastic straws. Mayor Morgan added that we need to protect our
Home Rule status that the State chips away at every chance they get and
protect our own ability to make our own ordinances responsive to our own
residents.
S. Enforcement of Town's Landscape Irrigation Regulations
Town Manager Dunham proposed sending out a letter to all
the residents reminding them of the Town's ordinances regarding watering
regulations. Commissioner Orthwein thought some of the residents needed
to be contacted personally because they don't look at the notices or
letters sent out.
B. Architectural Review & Planning Board
1. Meeting Dates
a. December 19, 2019 at 8:30 A.M.
b. January 23, 2020 @ 8:30 A.M.
c. February 27, 2020 @ 8:30 A.M.
d. March 26, 2020 @ 8:30 A.M.
e. April 23, 2020 @ 8:30 A.M.
f. May 28, 2020 @ 8:30 A.M.
Mayor Morgan called attention to those dates.
C. Finance Director
1. Financial Report for November 2019
2. Water Usage as of November 30, 2019
D. Police Chief
1. Activity for November 2019
Chief Allen noted that "porch pirates" were out and that
the residents needed to be more aware by keeping their cars and homes
locked. He then requested that the reports be accepted as submitted.
Mayor Morgan accepted all reports as submitted.
X. Items for Commission Action
A. Hourly Rate Modification - Jones, Foster P.A.
Town Manager Dunham stated that Jones, Foster was requesting
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held December 13, 2019 @ 9:00 A.M.
the Town to consider increasing the firm's hourly rate from $250 per
hour to $275 per hour, effective October 1, 2019. And because of the
special expertise involved in litigation matters, the firm was proposing
that its hourly rate for litigation matters be set at $325 per hour.
Mayor Morgan stated Jones, Foster had always worked with the Town and
this increase was well-deserved. Commissioner Orthwein made a motion to
approve the fee increases for Jones, Foster per the September 9, 2019
letter and effective October 1, 2019. The motion was seconded by Vice
Mayor Stanley and all voted AYE at roll call.
B. Resolution No. 19-15; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL
AGREEMENT BETWEEN THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT AND THE TOWN OF GULF STREAM TO PROVIDE EMERGENCY
AID AND ASSISTANCE IN THE EVENT OF A DISASTER OR EMERGENCY.
Vice Mayor Stanley made a motion to approve Resolution 19-15
and Commissioner Orthwein seconded the motion with all voting AYE at
roll call.
C. Resolution No. 19-16; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA STRONGLY
ENCOURAGING THE STATE LEGISLATURE TO APPROVE SENATE BILL 182,
AND ANY COMPANION HOUSE BILLS RELATING TO THE PREEMEPTION OF
RECYCLABLE AND POLYSTYRENE MATERIALS BY AMENDING SECTION
403.7033 AND SECTION 500.90, FLORIDA STATUTES, REPEALING THE
PREEMPTION OF LOCAL LAWS REGARDING THE USE OR SALE OF SINGLE -
USE PLASTIC BAGS AND POLYSTYRENE MATERIALS.
Vice Mayor Stanley made a motion to approve Resolution 19-16
and Commissioner Orthwein seconded the motion with all voting AYE at
roll call.
D. Items by Mayor & Commissioners
There were none.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 9:50 A.M.
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Re1ee Basel
Assistant Town Clerk
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