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HomeMy Public PortalAbout05 14 2021 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 14, 2021, 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 9:03 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 A. Lyons, Jr. Commissioner Joan Orthwein Commissioner Donna S. White Commissioner Also Present & Participating: IV. Minutes Gregory Dunham Edward Nazzaro Edward Allen Rita Taylor Town Manager Asst. Town Attorney Chief of Police Town Clerk A. Regular Meeting of April 9, 2021. Commissioner Orthwein made a motion to approve the minutes of the Regular Meeting of April 9, 2021. Vice Mayor Stanley seconded the motion with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Dunham stated that item X.2 would be withdrawn and adding g. to item VIII. 3. Town Manager Dunham stated he was withdrawing item 3 (artificial grass) from his report and adding two additional items to his report. VI. Announcements. A. Regular Meetings and Public Hearings 1. June 11, 2021, at 9:00 A.M. 2. July 9, 2021, at 9:00 A.M. 3. August 13, 2021, at 9:00 A.M. 4. September 10, 2021, at 9:00 A.M. 5. October 8, 2021, at 9:00 A.M. Mayor Morgan called attention to the dates. VII. Communication from the Public (3 min. maximum) A. Senator Lori Berman -Legislative Update Senator Berman stated they had finished the Legislative Session and had passed a balanced budget of 101 billion dollars in both chambers with a unanimous vote. She commended Assistant Town Attorney Nazzaro for his work on the bill regarding building design elements and then gave an update on different items that happened during legislation. B. Comcast Update Steve Rosa, Comcast rep, stated they were starting to wreck - out and were trying to be cognizant of people working out of their Minutes of Town Commission Regular Meeting & Public Hearing Held May 14, 2021 @ 9:00 A.M. homes, students who are attending school on-line, etc. He added they were 35% complete at the south end and had just been approved to start on the north end. Town Manager Dunham asked for clarification on the north end if that meant wrecking was going to begin to which Mr. Rosa stated it was not wrecking but pulling new cable underground by the Little Club which should take another three months. Mayor Morgan questioned the timetable and stated Mr. Rosa had said they were almost finished five or six months ago and added that AT&T had already completed their work and removed their lines. Mayor Morgan questioned why the Town was being told Comcast was only 35% done when six months ago they were told everything was almost complete. Mr. Rosa blamed the delay on the residents not having made their appointments to switch over and stated he could just shut everything down but then the customers would not be happy. Mayor Morgan stated that had already been decided and letters sent out that customers would be shut off if they had not contacted Comcast and could not believe that Mr. Rosa was stating there was still undergrounding to be done. Mr. Rosa stated he was controlled by maintenance as to what could be wrecked out. Mayor Morgan stated Mr. Rosa had come into past meetings giving dates that Comcast would be finished which, in turn, letters were sent out to the residents relaying those updates received by Mr. Rosa. Mr. Rosa stated he never gave completion dates to which Mayor Morgan disagreed. Mr. Rosa then apologized if he misled anyone and stated they had run into issues and problems that no one had record of, and he was trying to fix them yet keep everyone happy and added he had not received any complaints from homeowners. Town Manager Dunham told Mr. Rosa that approximately three to four weeks ago, Jeannine McEnroe, the Construction Manager from Comcast, had stated all the wrecking was complete. Mr. Rosa stated he was the boots on the ground and would tell the Town exactly what was going on before office staff would know and added there was a lack of communication within Comcast. Town Manager Dunham then stated that this was the first the Town was hearing that it was going to be three more months before completion and added that Mr. Rosa needed to tell the office because the Town was getting different information. Town Manager Dunham also stated that he was told if the customers had not made their appointments to switch over it would not slow down the wrecking at all. Mr. Rosa reiterated he had to wait for maintenance to let him know what he could wreck out. Mayor Morgan then gave the green light for Mr. Rosa to shut down even if a customer had not switched over because he wanted this job finished. Town Manager Dunham added that FP&L was just waiting for Comcast to get finished before they could take down the old poles and put in the new streetlights. Commissioner Lyons stated he was in shock when Mr. Rosa had said there was still undergrounding that needed to be finished and suggested setting up a weekly progress meeting with Comcast and the Town to which Town Manager Dunham agreed. 2 Minutes of Town Commission Regular Meeting & Public Hearing Held May 14, 2021 @ 9:00 A.M. VIII. PUBLIC HEARING. A. Declaration of Ex-Parte Communication There was none. B. Administer Oaths Town Clerk Taylor swore in Bill Wietsma, Kent Robbins, Mike Cavelli, Rustem Kupi, Dave Bodker, Joe Pike, Chris Cabezas, Art Tiedeman and John Metzger. C. Applications for Development Approval 1. An application submitted by William Wietsma, Agent for Joanne F. Hayes, the owner of property located at 1060 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as the East 54 ft. of the West 262.5 ft. of Lot 14A and the East 54 ft. of the West 262.5 ft. of Lot 15A, Block D, Revised Plat of Block D and Block E, Palm Beach Shore Acres (Ocean Boulevard Estates) together with an easement for ingress and egress over the South 15 ft. of the North 40 ft. of Lot 15A. a. Demolition Permit to remove structures on the property to prepare for new construction. b. Variance to permit construction of a new dwelling on the same footprint, using the existing building setbacks of the existing building, which are the same as the existing neighboring structures. c. Level 3 Architectural/Site Plan Review to permit the construction of a 2,647 sq. ft. Gulf Stream Bermuda, single story dwelling, the finished floor elevation of which will be increased to 9.53 NAVD (an increase of 1.5 ft.) to match that of the neighboring dwellings, and an attached garage. Mr. Bill Wietsma, Architect, explained that the house is a foot and a half lower than the houses on either side of it. He stated they wanted to demolish the existing house and construct a new Bermuda -style cottage using the same footprint but increasing the floor elevation 1.5 ft. to match the neighboring dwellings. He added that all the neighbors were in favor. Vice Mayor Stanley made a motion to approve a demolition permit to remove structures on the property to prepare for new construction. Commissioner Orthwein seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a variance to permit construction of a new dwelling on the same footprint using the existing building setback of the existing building, which are the same as the existing neighboring structures. He added that all eight criteria had been met regarding the variance. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. 3 Minutes of Town Commission Regular Meeting & Public Hearing Held May 14, 2021 @ 9:00 A.M. Vice Mayor Stanley made a motion to approve the construction of a 2,647 sq. ft. Gulf Stream Bermuda, single -story dwelling, the finished floor elevation of which will be increased to 9.53 NAVD (an increase of 1.5 ft.) to match that of the neighboring dwellings, and an attached garage. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 2. An application submitted by Schulke, Bittle & Stoddard, LLC, as Agent for the owners Stephen & Helen Benjamin, 1200 N. Ocean Blvd. and Thomas & Bettina Smith, 1122 N. Ocean Blvd., which are legally described as Parcel 1: Golf Course Addition Lt 9 and Parcel 2: Golf Course Add Lt 7 (LESS Ely 294.12 FT.) & Lot 8 (Less WLY32.14 FT.) & 9-46- 43, SLY 211.12 FT. of NLY 240.12 FT. of ELY 112.49 FT. of NE 1/4 LYG S of & ADJ TO TR R PB115P173 & W of & ADJ TO PBlOP75 (LESS NLY 179.72 FT. of WLY 31.50 FT.) & NLY 29 FT. of ELY 720.49 FT. of NE 1/4 LYG S of & ADJ TO PB36 P110 & TR R PNB115P173 & W of & ADJ to PB10P75. LEVEL III ARCHITECTURAL/SITE PLAN REVIEW & DEMO PERMIT a. Construction of a new bulkhead landward of existing bulkhead. b. Construction of docks & a boatlift. c. Construction of site walls to retain existing Grades. Mr. Kent Robbins, Attorney, gave a detailed PowerPoint presentation. Mr. Art Tiedeman stated the industry was moving away from the traditional concrete -style seawalls and gave a detailed presentation explaining how the Truline seawall system works. Vice Mayor Stanley asked about the screening being done as different boats had different heights, etc. Mr. Chris Cabezas walked the Commissioners through what was going to be removed and added as far as vegetation. Town Manager Dunham reminded the Commissioners that the ARPB had already approved the Landscape Plan as it was a Level II Application. Commissioner Lyons stated he had reviewed the ARPB meetings and the dialogue between the applicant and the neighbors. He felt the applicant had been responsive in meeting all the concerns raised by the neighbors. Cuppy Kraft, Town resident, questioned the noise levels of the boats when they are starting up to which Mr. Robbins stated it would be as quiet as a marine boat could be. Vice Mayor Stanley made a motion to approve a Demolition Permit and a Level III Architectural/Site Plan based on a finding that the construction of a new bulkhead landward of the existing bulkhead, the construction of two docks and a boatlift and the construction of new site walls to retain existing grades meets the minimum intent of the Design Manual and applicable review standards. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 4 Minutes of Town Commission Regular Meeting & Public Hearing Held May 14, 2021 @ 9:00 A.M. 3. An application submitted by Cary Glickstein of Ironwood Development, Inc. as agent for the Gulf Stream Golf Club and Florida Inland Navigation District, owners of property east of U.S. Highway 1 and north of the Place au Soleil Subdivision as further described in the requested approvals. a. Comprehensive Plan Amendment to convert the site's existing Future Land Use Designation from P (Public) and REC (Recreation) to SF (Single Family Residential) and P (Public) ORDINANCE NO. 21/1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE FUTURE LAND USE MAP OF THE TOWN'S ADOPTED COMPREHENSIVE PLAN RE -DESIGNATING 4.154 ACRES, MORE OF LESS, IN SIZE FROM P (PUBLIC) TO SF (SINGLE FAMILY RESIDENTIAL), 4.158 ACRES, MORE OR LESS, IN SIZE FROM REC (RECREATION) TO P (PUBLIC), AND 3.489 ACRES, MORE OR LESS, IN SIZE FROM REC (RECREATIONAL) TO SF (SINGLE FAMILY RESIDENTIAL); SUCH PARCELS ARE LOCATED GENERALLY EAST OF U.S. HIGHWAY 1 AND NORTH OF THE PLACE AU SOLEIL SUBDIVISION; AS SET FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. (second reading & adoption) b. Rezoning from P (Public Facilities) and OR (Outdoor Recreational) districts to RS-P (Single Family Residential -Place au Soleil) and P (Public Facilities) ORDINANCE NO. 21/2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 4.154 ACRES, MORE OR LESS, IN SIZE FROM P (PUBLIC FACILITIES) DISTRICT TO RS-P (RESIDENTIAL SINGLE FAMILY -PLACE AU SOLEIL) DISTRICT, 4.158 ACRES, MORE OR LESS, IN SIZE FROM OR (OUTDOOR RECREATIONAL) DISTRICT TO P (PUBLIC FACILITIES) DISTRICT, AND 3.489 ACRES, MORE OR LESS, IN SIZE FROM OR (OUTDOOR RECREATIONAL) DISTRICT TO 5 Minutes of Town Commission Regular Meeting & Public Hearing Held May 14, 2021 @ 9:00 A.M. RS-P (RESIDENTIAL SINGLE FAMILY -PLACE AU SOLEIL) DISTRICT; SUCH PARCELS ARE LOCATED GENERALLY EAST OF U.S. HIGHWAY 1 AND NORTH OF THE PLACE AU SOLEIL SUBDIVISION; AS SET FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. (second reading & adoption) C. Text Amendment to the RS-P (Single Family Residential -Place Au Soleil) regulations to allow for a 10-foot rear setback for pools in Place au Soleil Addition No. 2. ORDINANCE NO. 21/3 AN ORDINANACE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 70-GULF STREAM DESIGN MANUAL; ARTICLE IV -SITE DEVELOPMENT REGULATIONS; SECTION 70-74-SETBACKS, TO PROVIDE FOR A REDUCED REAR SETBACK FOR POOLS APPLICABLE TO SOME HOMES IN PLACE AU SOLEIL ADDITION NO. 2; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (second reading & adoption) d. Level 3 Site Plan/Subdivision Approval for a 14-Lot Subdivision on 7.64 Acres. e. Concurrency Certification to Confirm Municipal Services Are Available for the Proposed 14 Units. f. Development Agreement Between Bluewater Cove -Gulf Stream LLC and the Town of Gulf Stream. g. Land Clearing Permit Mr. John Metzger, Attorney, gave a brief synopsis of what was happening with Bluewater Cove. Mr. Mike Cavelli stated they had given an in-depth presentation at prior meetings and added they had met all state approvals as well as concurrency and traffic issues with no objections. Mr. Rustem Kupi and Mr. Dave Bodker stated nothing had changed from the original presentation. Mr. Bodker stated they were requesting a Land Clearing Permit because the site was overgrown with nuisance species that needed to be removed prior to doing the tree survey because of the density. He added the Town allowed the removal of the nuisance species and a tree survey was provided for part of the site, and another was forthcoming for the remaining part of the site. Mr. Bodker stated he had done an inventory of the existing plants and gave the breakdown. I Minutes of Town Commission Regular Meeting & Public Hearing Held May 14, 2021 @ 9:00 A.M. Commissioner Lyons recused himself from voting due to a conflict of interest. Assistant Town Attorney Nazzaro stated the staff had met with the applicant regarding the sewage system and who would be responsible for it. The staff wanted to have Delray Beach be responsible but wanted to make sure the Commission was in agreement to which they were. Vice Mayor Stanley made a motion to approve and adopt Ordinance No. 21/1, Comprehensive Plan Amendment. Town Clerk Taylor read Ordinance No. 21/1 providing an effective date of May 14, 2021, on the second reading and adoption. Commissioner Orthwein seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve and adopt Ordinance No. 21/2, Rezoning. Town Clerk Taylor read Ordinance No. 21/2 providing an effective date of May 14, 2021, on the second reading and adoption. Commissioner White seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve and adopt Ordinance No. 21/3, Text Amendment. Town Clerk Taylor read Ordinance No. 21/3 providing an effective date of May 14, 2021, on the second reading and adoption. Vice Mayor Stanley made a motion to approve a Level III Site Plan/Subdivision based on a finding that a 14-lot subdivision on 7.64 acres meet the minimum standards contained in Chapter 62, Subdivisions, and other applicable review standards. Commissioner white seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Concurrency Certification to confirm municipal services are available for the proposed 14 units. Commissioner White seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Developer's Agreement between Bluewater Cove - Gulfstream LLC and the Town of Gulf Stream. Commissioner White seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Land Clearing Permit pending approval of a tree disposition plan submitted to the Town Manager. Commissioner White seconded the motion with all voting AYE at roll call. IX. Reports. A. Town Manager 1. Utility Undergrounding Town Manager Dunham stated AT&T had completed their wrecking, but they were awaiting Mr. Danny Brannon to sign off on issues identified on a previous walk-through. He added FP&L was awaiting permission to work under the existing permit used for the undergrounding. There was a bit more discussion regarding Comcast and what Mr. Rosa had brought up earlier in the meeting, but Mayor Morgan 7 Minutes of Town Commission Regular Meeting & Public Hearing Held May 14, 2021 @ 9:00 A.M. ended the conversation stating that horse had already been flogged to death. 2. Australian Pines Town Manager Dunham stated that the Town was recommending a maintenance agreement with Barton Tree Service to do an annual check- up of the tree inventory of 754 Australian Pines. He added that the Town was recommending an Australian Pine Tree Farm to produce new trees that will be needed to replace any that need to be taken out. Mayor Morgan asked if Barton would be taking care of the tree farm as he did not want Ms. Taylor to have to oversee that. Town Manager Dunham thought the maintenance crew could handle the ones growing behind the maintenance building and wanted to start there for the time being. The Commissioners agreed this needed to be addressed and it was important to the history of the Town. Discussion was had as to whether the land behind the maintenance building was going to be used for the tree farm or go off -site and it was decided to adapt as needed for the time being by starting with the seeds in the pots. 3. Artificial Grass This item was withdrawn. 4. Gate Houses Town Manager Dunham stated there had been some comments from the public regarding the gate houses at 2929 and 3565 N. Ocean Blvd. and how close they were to AlA. He asked if the Commissioners wanted the Staff to do research or if they were comfortable with the Code as it presently reads. Assistant Town Attorney Nazzaro stated it was a special exception use only in the Beachfront District and read the Code specifics. Discussion was had that the gate houses had gone from their original intention and were really being turned into guest houses. Vice Mayor Stanley asked the Staff to do a survey of how many gate houses there were in Town as well as a snapshot of the Code regarding accessory structures and then a staff recommendation to eliminate these structures from the Code if that is where the staff was headed. 5. TAG Contract Town Manager Dunham stated the Town was going to extend the disaster removal contract for another year. He explained that the Town had three one-year extensions, and this would be the second. 6. Grant Funds Approval Town Manager Dunham stated every year the Palm Beach County Criminal Justice Commission requires approval from the towns and cities on how to spend grant monies received. Vice Mayor Stanley made a motion to approve the Grant Funds as presented. Commissioner Orthwein seconded the motion with all voting AYE at roll call. B. Architectural Review & Planning Board 1. Meeting Dates a. June 3, 2021, at 8:30 A.M. Minutes of Town Commission Regular Meeting & Public Hearing Held May 14, 2021 @ 9:00 A.M. The May meeting and the June meeting will be combined and held on June 3, 2021, at 8:30 A.M. b. July 22, 2021, at 8:30 A.M. C. No August meeting. d. September 23, 2021, at 8:30 A.M. e. October 28, 2021, at 8:30 A.M. Mayor Morgan called attention to the dates. C. Finance Director 1. Financial Report for April 2021 CFO Tew explained the issues regarding payroll and that it should all be straightened out by the next meeting since the Town had begun outsourcing payroll and were waiting on Paycor to finish items on their end of the spectrum. Mayor Morgan accepted the report as submitted. D. Police Chief 1. Activity for April 2021 Chief Allen asked that the report be accepted as submitted. He added they were in the final interview stages for a new police officer. Mayor Morgan accepted the report as submitted. X. Items for Commission Action. 1. ORDINANCE NO. 21/4 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANACES AT CHAPTER 66-ZONING; ARTICLE VI -DISTRICT REGULATIONS; DIVISION 4-OR OUTDOOR RECREATIONAL DISTRICT; SECTION 66-254-SPECIAL EXCEPTIONS, TO PROVIDE FOR A SPECIAL EXCEPTION FOR REVERSE OSMOSIS WATER PLANTS ASSOCIATED WITH A GOLF COURSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE. (first reading) Town Clerk Taylor read Ordinance No. 21/4 effective on first reading May 14, 2021. Commissioner Lyons recused himself from the vote due to a conflict of interest. Commissioner Orthwein made a motion to approve Ordinance No. 21/4 on first reading. Vice Mayor Stanley seconded the motion with all voting AYE at roll call. 2. ORDINANCE NO. 21/5 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT AND PLAN TO IDENTIFY THREE (3) HISTORIC DISTRICTS WITHIN THE TOWN'S COMPREHENSIVE PLAN AS SET FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVER- E Minutes of Town Commission Regular Meeting & Public Hearing Held May 14, 2021 @ 9:00 A.M. ABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. (f irst reading) This item was withdrawn from the Agenda. 3. Agreement for Special Magistrate Services. Assistant Town Attorney Nazzaro explained this was an agreement so the Town would have a Special Magistrate when needed. Vice Mayor Stanley made a motion to approve the agreement. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 4. Appointment of Alternate Member for ARPB. Mayor Morgan stated Rob Canfield, Town resident, was an applicant for consideration as an alternate member for the ARPB. Commissioner Orthwein stated she wanted to make sure he would be available for meetings since it seemed to be difficult to get a quorum available and that members needed to be more responsible with their commitment to sit on the Board. Commissioner White gave Mr. Canfield a good recommendation and stated he seemed responsible and sat on the board of the Place au Soleil HOA. Vice Mayor Stanley made a motion to approve Mr. Rob Canfield as an alternate member for the ARPB. The motion was seconded by Commissioner White with all voting AYE at roll call. 5. Interlocal Agreement with Solid Waste Authority for the Delivery of Municipal Solid Waste and a Municipal Revenue Sharing Recycling Program. Town Manager Dunham stated the SWA had made amendments to their agreement with towns and cities and were needing a signature of agreement or non -agreement and it was the Town's recommendation to approve the agreement. Vice Mayor Stanley made a motion to approve the agreement. Commissioner White seconded the motion with all voting AYE at roll call. 6. Procurement of Electronic Smart Meters, Meter Boxes, and Installation Services. Assistant Town Attorney Nazzaro stated they were asking to purchase the meters from the distributors at a price of $268,673.74 which would replace all the meters in Town. He added there was a $5,000 annual subscription and a one-time fee to read the radio signals that communicate with the meters, a one-time fee for software integration into the Town's utility billing software and a one-time fee of $2,500 for on -site training included in that price. He added they were receiving quotes to piggy -back for the meter boxes and installation services and would have that at next month's meeting. Vice Mayor Stanley made a motion to approve the purchase of the smart meters at a price of $268,673.74. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 7. Payment of Legal Services-Shraiberg, Landau, & Page P.A. 10 Minutes of Town Commission Regular Meeting & Public Hearing Held May 14, 2021 @ 9:00 A.M. Assistant Town Attorney Nazzaro stated Bob Sweetapple was asking the Town to pay his attorneys fees for his defense in a sanctions action stemming from the Town's public records litigation. He added Mr. Sweetapple's personal attorney's fees from Shraiberg, Landau & Page were $43,000, but that figure was reduced as a courtesy and Mr. Sweetapple is asking that the Town pay the reduced fee of $21,569.73 and a smaller fee to Pankauski Hauser in the amount of $2,100. Mayor Morgan stated it was an outrageous situation where the state court judge directed Mr. Sweetapple to conclude the case and make a closing argument, which he did. He added the plaintiffs then took that to a bankruptcy judge to argue that it was a violation of federal law. Mayor Morgan stated that Mr. Sweetapple had no choice but to make his argument as directed by the state court judge, but the bankruptcy court judge then sanctioned Mr. Sweetapple for that. Mayor Morgan added that it seemed to him that it was the responsibility of the Town since Mr. Sweetapple was hired by the Town to defend it and he did so to the best of his ability. Vice Mayor Stanley added that there were layers upon layers of claims and counterclaims and agreed with Mayor Morgan that it was the Town's responsibility. Vice Mayor Stanley made a motion to approve the fees tc the two law firms on behalf of Mr. Sweetapple as presented by Mr. Nazzaro. Commissioner Orthwein seconded the motion with all voting AYE at roll call. XI. Items by Mayor & Commissioners There were none. XII. Adjournment. Mayor Morgan adjourned the meeting at 11:03 A.M. Rene6 Basel Assistant Town Clerk 11