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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 2 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 3 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 R 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. 1 Re1ee Basel Assistant Town Clerk 5