HomeMy Public PortalAbout10 10 14 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 10, 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 and
Participating:
Also Present and
Participating:
Scott W. Morgan
Robert W. Ganger (via phone)
Joan K. Orthwein
Thomas M. Stanley
Donna S. White
John Randolph
William H. Thrasher
Rita L. Taylor
Garrett J. Ward
Christopher O'Hare
Tony Graziano
Patricia Randolph
Danny Brannon
Richard Jones
(via phone)
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Attorney
Town Manager
Town Clerk
Police Chief
Town Resident
Town Resident
Town Resident
Engineer
Architect
IV. Minutes.
A. Regular Meeting & Public Hearing 9 -12 -14 @ 4:00 P.M.
B. Public Hearing- Tentative Budget 9 -12 -14 @ 5:01 P.M.
C. Public Hearing -Final Budget 9 -23 -14 @ 5:01 P.M.
There were no corrections or changes and Commissioner Stanley moved the
approval of all three meetings and the motion was seconded by
Commissioner White with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Mayor Morgan asked if there were any changes to the agenda being
requested. Town Clerk Taylor asked to have Item X.A.2. at a time
certain of 9:45 A.M. and there were no objections.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. November 14, 2014 @ 9:00 A.M.
2. December 12, 2014 @ 9:00 A.M.
3. January 9, 2015 @ 9:00 A.M.
4. February 13, 2015 @ 9:00 A.M.
5. March 13, 2015 @ 9:00 A.M.
6. April 10, 2015 @ 9:00 A.M.
Mayor Morgan called attention to the next meeting date of November 14,
2014 and asked if anyone had a conflict with this date and none were
acknowledged.
Town Commission Regular Meeting
& Public Hearing
10 -10 -14
VII. Communication from the Public (5 min. maximum)
The Mayor asked if anyone wanted to speak and Christopher O'Hare was
recognized.
Mr. O'Hare stated there were discrepancies between what is written and
what actually happened. He said he had questioned the 3% raise for Mr.
Thrasher in the final budget which was previously an 8% raise for salary
and benefits. He said the minutes reflect that that Commissioner Stanley
had said that was the same in both budgets, but it was actually 8% to
begin with and was reduced by 5 %. He said he had also made a comment
regarding the town paying more money in legal fees to fight some of
these small claims against the town than it would cost to resolve those
claims. He claimed that the minutes stated the opposite. Mr. O'Hare
believed that it appears money is being designated or parked in accounts
or places where there is no intention of spending it. He believed this
is just a way to "park" money and then shift it to legal fees next year.
He noted that the amount allocated for legal fees is less than the town
spent in the month of July. He then reminded that the town had an
emergency meeting to discuss a handicap ordinance or reasonable
accommodation which called for a 7 month approval process. He stated he
spoke against it and the Mayor had stated that it was really about
"sober houses ". He noted that the town is now hiring an attorney in
regard to the sober house ordinance that has already been adopted. He
questioned if someone is suing the town because of a sober house.
Patricia Randolph was recognized and stated that she is voicing the
concern of Gulf Stream residents over the town's financial health and
it's morale. Referring to the mayors June 14th letter, she remarked it
was very informative and well received by the community, and she hoped
he would continue to send out similar reports. She quoted a portion of
the letter as follows: "Over time, the Town built up a reserve of funds
that could be used for capital improvements or for emergency spending,
like storm damage or water line repairs. Current thinking is that a
reasonable General Fund Reserve for a town of our size should be around
$1 million to $1.5 million, and that is a level that Gulf Stream has
typically maintained. Recently, Gulf Stream's General Fund Reserves have
dropped to around $675,000. Legal fees and costs have risen dramatically
due to our defending over 20 lawsuits filed by two residents, Mr.
O'Boyle and Mr. O'Hare. These lawsuits are primarily Public Records
actions and relate to over 800 public records requests filed by these
two residents or by other individuals and organizations with whom they
appear to be connected. The records requests involve many thousands of
documents and, in my opinion, have little purpose other than to harass
and financially damage our Town. In addition to paying legal fees for
litigation work, the Town has legal advice to help it respond to some
other unusual situations, including matters relating to O'Boyle and
O'Hare. To put legal fees in perspective, Gulf Stream typically budgets
around $15,000 annually for legal services, in the first 6 months of
this year we have already spent over $160,000." She asked that year to
2
Town Commission Regular Meeting
& Public Hearing
10 -10 -14
date numbers be put on the website and that the numbers be revised
monthly for the residents to see, as it is their money.
Ms. Randolph then emphasized the communities' repulsion regarding the
signs with crude, immature, bathroom language that appear in the sky and
on the streets. She further stated that residents are sick and tired of
the inappropriate behavior of a resident toward the town's female
employees. She then quoted from a letter obtained thru the public
records request process that is addressed to Mr. O'Boyle from the Town
Manager as follows: "I have received complaints that on several
occasions, whether intentionally or otherwise, you have caused
disruption of employees' work activities and have engaged in conduct
with female employees which they deem to be inappropriate causing them
to be uncomfortable. Therefore, please be advised as follows: Please do
not touch any of the female employees in any manner. This includes
handshakes, hugs, arms around the shoulders, kissing or any other
similar uninvited activity." Ms. Randolph stated there is no longer
apathy in Gulf Stream, people are fed up. She cited the recent election
which experienced the largest turn out ever in Gulf Stream. She closed
by stating the residents strongly support the efforts to fight these
attacks on the town and recognize that this will be costly, but
necessary and important for the town to stand strong.
VIII. PUBLIC HEARING
Mayor Morgan asked if there have been any ex -parte communications.
Commissioner Stanley stated he has passed by the site several times.
A. Applications for Development Approval.
At the direction of the Mayor, the Town Clerk administered the oath to
Richard Jones, the agent for the project, and Tony Graziano, Town
Resident.
1. An application submitted by Richard Jones as Agent for
3140 Polo LLC, owner of property located at 3140 Polo
Drive, Gulf Stream, Florida 33483, legally described as Lt
7 Gulf Stream Cove.
Mr. Jones called attention to the rendering of the proposed structure on
the screen and a colored landscape plan. He pointed out the structure
is a classic Gulf Stream Bermuda style home of modest size. He then
pointed to the open view down the canal and into the Intracoastal
Waterway. When showing the site plan he called attention to the size of
the lot and noted that it is smaller in size than the average lot in the
Core District and dictates a smaller house, approximately 3,600 square
feet, two story great room plan, two car garage with the second story
being reduced in size. In looking at the elevations he pointed to the
signature parapet detail that flanks the entry.
Mayor Morgan asked if there have been any complaints or comments from
the neighbors and the answer was, no.
3
Town Commission Regular Meeting
& Public Hearing
10 -10 -14
Mr. Graziano was recognized and sated that he had no issue with this
particular project but that he did have a comment about what goes on in
town during construction. He acknowledged that there is an ordinance
that regulates days and hours that contractors can work, and noted that
40 years previous the community had been a "snow- bird" but now there are
many more people who are here year around. He pointed out that during
the summer season work is permitted on Saturday. Mr. Graziano further
pointed out that for those who work all week it must be very disturbing
to be awakened on Saturday morning by construction activities. The
second point he raised was that there is no effective enforcement
mechanism for requiring contractors to start at 8:00 A.M. and stop at
5:00 P.M. He stated these hours can be violated every day with the only
remedy being to call the police and have them come and speak to the
workers. He asked that some ordinance changes be made so residents not
be awakened before 8:00 A.M.
Mayor Morgan was in agreement that perhaps the time has come to re -asses
the Saturday work regulations. He advised that one of his priorities is
to establish some type of penalty clause for violations such as have
been mentioned and work is in progress to accomplish this.
Commissioner Orthwein commented that the Core area is very small and the
number of construction vehicles in a small space cause a considerable
amount of destruction to the lawns. She asked if they will be submitting
a plan to control this problem.
Mr. Jones said he was certain that the developer will follow a plan to
control the problem.
Mayor Morgan stated he believed the developer had made mention of having
the vehicles contained on the property, adding that the town has
provided a space in the back of the town hall property that is available
for contractor parking. The Mayor questioned if the deed restriction
that was recommended by the ARPB was at issue to which Mr. Jones replied
that it is no longer an issue.
Commissioner Stanley asked Mr. Jones to explain how drainage across the
driveway would be taken care of.
Mr. Jones explained that the run -off is directed to the southeast, into
the swale at the front of the property.
Commissioner Stanley questioned what is behind the parapet on the front
of the structure to which Mr. Jones replied that there is a small
portion of roof that covers a portion of the den.
There were no further questions from the Commission or the public.
a. Demolition Permit to remove existing structures.
4
Town Commission Regular Meeting
& Public Hearing
10 -10 -14
Commissioner Stanley moved to approve the Demolition permit and the
motion was seconded by Commissioner Orthwein and all voted AYE at roll
call.
b. Land Clearing Permit to clear property for new const.
Commissioner Stanley then moved to approve the Land Clearing Permit,
Commissioner Orthwein seconded the motion and all voted AYE at roll
call.
c. Special Exception #1 to permit the reduction of the
rear waterfront setback to 3712 ".
A motion to approve the Special Exception #1 was made by Commissioner
Stanley that was seconded by Commissioner Orthwein with all voting AYE
at roll call.
d. Special Exception #2 to permit 99 sq. ft. of covered,
unenclosed area that exceeds the maximum floor area
ratio.
Commissioner Stanley moved to approve Special Exception #2 to permit 99
square feet of covered, unenclosed area that exceeds the maximum floor
area ratio, subject to a deed restriction limiting the enclosure of the
99 square feet of covered unenclosed area. Commissioner Orthwein
seconded the motion and all voted AYE at the roll call.
e. Level 3 Architectural/ Site Plan Review to permit
construction of a 2 story single family Gulf Stream
Bermuda style dwelling with attached 2 car garage,
consisting of 4,540 square feet, and a swimming pool.
Commissioner Stanley moved to approve the Level 3 Architectural /Site
Plan to permit construction of a 2 story single family Gulf Stream
Bermuda style dwelling with attached 2 car garage, consisting of 4,540
square feet, and a swimming pool. Commissioner Orthwein seconded the
motion and all voted AYE at roll call.
Mayor Morgan announced that it is nearing the time for the time certain
item, 9:45 A.M., which is Item X.A.2. Inasmuch as it was not quite time,
he announced that Item X.A.l. would be considered at this time.
X. Items for Commission Action.
A. Items by Town Attorney
1. Consideration of Hiring Special Counsel - Reasonable
Accommodation Ordinance
Attorney Randolph stated that he is recommending that the Town arrange
for representation with an outside counsel that specializes in fair
housing matters to assist in the future with issues that may be related
to the recently adopted Reasonable Accommodation Ordinance. He reported
that he had spoken to both Attorney Jamie A. Cole and Attorney Matthew
H. Mandel, with the firm of Weiss, Serota, Helfman, Pastoriza, Cole and
Boniske, regarding their possible representation on an as needed basis.
Mr. Randolph pointed out that Mr. Mandel has handled more than 20 Fair
Housing zoning related matters for cities including, Boca Raton, Delray
Beach, Port St. Lucie, Deerfield Beach, Pompano Beach and Pinecrest.
5
Town Commission Regular Meeting
& Public Hearing
10 -10 -14
He stated that this firm had offered their governmental rate of $250.00
per hour, as needed, if the town were to hire them. Attorney Randolph
assured that there is no pending suit, nothing currently on the table
and nothing in regard to it. Because these matters are in their area of
expertise, he recommended that the town retain that firm in any matters
that may come up in regard to that.
Mayor Morgan pointed out that the ordinance has an application provision
to be followed and he believed assistance would be needed when
considering these applications.
Commissioner White inquired if a retainer would be required to which Mr.
Randolph replied that he didn't believe so but a retainer letter would
be executed and if a retainer is so noted in the letter, the matter
would be brought back to the Commission for reconsideration.
Commissioner Stanley moved to authorize to retain Weiss, Serota,
Helfman, Pastoriza, Cole and Boniske as special counsel with regard to
the items as stated by the Town Attorney subject to a fee of $250.00 per
hour and no advance fees due. The motion was seconded by Commissioner
Orthwein and all voted AYE at roll call.
2. Consideration of Filing RICO Action & Retaining Special
Counsel to Represent the Town.
Attorney Randolph welcomed Attorney Gerald F. Richman via conference
line and then introduced Attorney Joanne O'Connor from the Jones, Foster
Office who is the one that has been primarily involved in regard to
defending the Town in relation to the several public records suits that
have been filed against the Town. He said that by way of background,
before hearing from Mr. Richman in regard to this, he has asked Attorney
O'Connor, with the permission of the Commission, to give some background
in relation to this matter.
Attorney O'Connor advised she is the litigation partner with the firm
and wanted to bring everyone up to date on the status of the public
records suits and the public records requests that have been made to the
Town. She focused on the public records requests over the 13 months that
have passed since the end of August 2013 as there is a good log on how
many have been made, more than 1,500, and that the overwhelming majority
of those have been made by two town residents, Mr. Christopher O'Hare
and Mr. Martin O'Boyle and /or entities with which they are affiliated.
Attorney O'Connor said more than 400 have been made by Mr. O'Hare in his
name individually and another 300 made by him using fictitious names and
email addresses, including someone who has sued the town related to
those requests. Several hundred more have been made by Mr. O'Boyle and
entities with which he's affiliated as indicated by records thru the
Florida Department of State. The records requests have barraged the
town's staff, she said, adding that Mr. O'Hare on October 8, 2013 made
89 requests in one day and another day in September 2013 on a Sunday he
made 40 records requests over a 4 hour time period. Thirty Six public
6
Town Commission Regular Meeting
& Public Hearing
10 -10 -14
records law suits have been filed by Mr. O'Hare, Mr. O'Boyle and /or
their entities with whom they are affiliated, out of these requests. She
stated that three of those have been dismissed and 33 are pending, and
that she had provided a listing of all suits that have been filed. With
regard to the three that have been dismissed, two were voluntarily
dismissed by Mr. O'Hare and one was voluntarily dismissed by an entity
called the Citizens Awareness Foundation which Mr. O'Boyle has testified
is an entity funded by him. Attorney O'Connor stated that of those law
suits, 20 were brought by Mr. O'Hare, seven of which relate to those
public records requests that were made on that Sunday, September 29th,
one was brought by Mr. O'Boyle and Mr. O'Hare that relates to public
records requests and purported sunshine law violations, about one dozen
law suits filed by Mr. O'Boyle or entities with which he is affiliated,
and in fact in a recent law suit he filed against Mayor Morgan, Attorney
Sweetapple and the Town she said he referred to being engaged in 12
public records law suits against the Town.
Addressing the financial aspect of these matters, Attorney O'Connor
began by explaining that they track all of the general advice and
counsel that is provided to the Town and then specific matters for each
individual law suit. She said that since January 2014 the Town has
spent, for the specific law suits, approximately $220,000.00 or an
average of $24,000.00 per month and there are related costs such that
the total spent with Jones, Foster is $370,000.000. Attorney O'Connor
explained that figure included the cost for the law suits and time spent
working with town staff helping to navigate the public records act as
many requests are very broad.
Ms. O'Connor advised that there are eight cases that are not public
records related that have been filed by Mr. O'Hare and Mr. O'Boyle, one
of which has been dismissed and the insurance company is handling all
but one of those. She said there are two recent cases, one is a slander
case that has been filed by Mr. O'Boyle against the Mayor, Mr.
Sweetapple and the Town. The other is a case Mr. O'Boyle has filed
against the Town, Mr. Thrasher and Chief Ward relating to an incident
that occurred a week or two previously when he came in to make a public
records request.
Mayor Morgan noted that public record law suits are not covered by the
Town's liability insurance and the Town must pay counsel from the Town's
Reserves.
Attorney Randolph called attention to the curriculum vitae of Gerald
Richman that was included with the agenda and advised he is on the phone
if the Commission would like to hear from him in regard to the action
that is proposed.
Mayor Morgan asked Attorney Richman to introduce himself and to give his
opinions regarding the Town's advancing this action.
7
Town Commission Regular Meeting
& Public Hearing
10 -10 -14
Mr. Richman stated that he would not go into detail but that he is a
past president of the Florida Bar and he is a very active trial lawyer
that has been involved in RICO Cases. He believed the best way to
counteract what the town is going thru is to file a RICO action in
Federal Court. The purpose of the action would be to seek an injunctive
relief and damages against the enterprise they have now which would
include the law firm, individuals and the Citizens Awareness Foundation
where they are involved in bringing this series of actions is believed
to have no merit. He explained the scope of the litigation would be to
include all of the action that have taken place over in excess of a year
to a year and a half. He said he has spoken at length with Attorneys
O'Connor and Sweetapple and had become involved because he had a client
who is a contractor that contracts with the South Florida Water
Management District and had been drawn into a public records request
where they simply made a request for an insurance certificate and did it
in a way where the company would not have been aware or had personnel
available to go ahead and even answer the request. Attorney Richman said
he is well aware of their tactics and is prepared to go ahead and
aggressively pursue them.
Mayor Morgan asked what type of damages can be obtained thru filing a
RICO action.
He answered that, if successful, it provides for attorneys fees and
triple damages that you would not be able to recover. In this case the
damages to be sought would be damages related to the cost and expense of
defending all of these spurious actions supporting a racketeering
enterprise. In addition there is a possibility the action could include
other municipalities joining in as well and possibly supporting the
expense of the litigation, he said.
Mayor Morgan asked if Gulf Stream would then be supporting a class
action suite which Mr. Richman confirmed. Mr. Richman advised that only
one plaintiff is needed to head this type of action. Mayor Morgan then
asked what Mr. Richman's fee schedule would be to handle this action.
Mr. Richman advised that they have proposed a partial contingency
agreement. He said the customary rates for his law firm range from $250
to $750 per hour and they would be willing to go forward on either a
two - thirds of their hourly rate with a 25% contingency or 50% of their
hourly rate with a 35% contingency. He emphasized his firm does not
take cases on a contingent basis unless they believed the case has merit
and a reasonable chance of being successful or what could be a
substantial amount of damages to be recovered.
Commissioner Stanley inquired if there would be costs involved over and
above what has been mentioned and Mr. Richman advised there would be the
usual expenses incurred such as witness and filing fees, etc. that would
be billed on a monthly basis.
9
Town Commission Regular Meeting
& Public Hearing
10 -10 -14
Commissioner Orthwein asked if there is any way to estimate how much
overall this would cost and he replied that on the reduced hourly rate
an estimate would be $20,000 to $25,000 the first few months but it's
hard to say beyond that as you would not know what the other side would
be doing.
On a question from Mayor Morgan, Mr. Richman confirmed that the
prevailing party would get attorney fees in addition to approvable
triple damages.
Mayor Morgan asked the Town Clerk to read the note that had been
received earlier this morning from Mr. O'Boyle.
Mrs. Taylor read the note in its entirety and which was made a part of
the official record and is attached hereto.
Commissioner White asked Mr. Richman if he could give an estimate of how
long this case could stretch out to which Mr. Richman replied that this
is a very difficult question. He said very few law suits filed in civil
court ultimately end up in trial, most are settled along the line. He
added that cases in Federal Court such as this usually move quickly,
faster than state courts. He said the unknown is which of the several
federal judges gets the case and how fast they move their docket.
Mayor Morgan believed the town has suffered enough with expending funds,
times, resources, morale and the difficulties of retaining and hiring
employees as a result of the scandalously malicious law suits and public
records requests filed by Mr. O'Hare and Mr. O'Boyle and their related
entities. He added it is time for the madness to stop. He then asked if
there is a motion on the recommendation by counsel.
Attorney Randolph commented that if in the event it was decided to move
forward you would want to specify which of the two options you choose.
Mayor Morgan stated his preference would be to reduce the hourly rate as
much as possible because of the unseen nature of those costs and would
therefore recommend the 50% hourly rate with the higher contingency of
35 %.
Commissioner Orthwein stated she agreed that the 50% is the more prudent
way to go.
Commissioner Stanley pointed out after lowering the upfront costs by the
hourly rate not only is the objective to get damages and recovery but
also to cease expenditures by current actions.
The Mayor observed that the town can either take the approach of
defending the individual cases as they come in and bleed to death or we
can take steps necessary to stop those cases by advancing this case
9
Town Commission Regular Meeting
& Public Hearing
10 -10 -14
which shows from the evidence to date a conspiracy of sorts to advance
actions that essentially do nothing other than to shake down municipal
agencies and related contractors for funds and with all the talk about
public access, helping the common man is nonsense and has all been about
money. He believed by putting a stop to it by this RICO action we then
put a stop to the individual law suits on the public records requests.
Commissioner Orthwein agreed and pointed out that the Town tried
settling with them once and it's important that we protect ourselves.
Mr. O'Hare was recognized and stated he understood the purpose of the
RICO is to get rid of the public records request and stated he had a
question about the RICO. He recognized Mr. Richman as a great attorney
and well respected and indicated that he is going to be indicted in the
RICO action. He said that 3 months ago Mr. Sweetapple said to his
attorney that if he dismissed all of his charges Mr. O'Hare would not be
included in the RICO action. He expressed his dislike for law suits,
citing how expensive they are and stated that because he is innocent
this will go to a jury trial. He believed the cost will then go to
bills of $100,000 or $200,000 a month till the trial takes place, and
then there would probably be a settlement prior to the start of the
trial. He said this could costs millions of dollars and it is not the
Commissions money, it's the tax payer's money. He also said these cases
could be resolved by admitting guilt and paying attorney's fees. He
noted that Joel Chandler's case was settled for $1,500.00 and yet the
Town pays $20,000 saying the Town is not guilty and is not going to
cooperate. He encouraged the Town to reconsider.
Mr. Tony Graziano, a town resident, was recognized and stated he didn't
usually agree with Mr. O'Hare but that he had said something to which he
did agree. Mr. Grazino stated that "it is our money and we would like
to see you spend it fighting these gentlemen ".
Commissioner Stanley moved to retain special counsel, Richman Greer,
P.A., specifically Gerald F. Richman, based on a fee structure of 50%
reduction of the standard hourly rate with a 35% contingency fee on any
recovery. Commissioner Orthwein seconded the motion and all voted AYE
at roll call.
IX. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
Mr. Brannon advised that the electrical portion of the lst phase of the
Undergrounding has been completed and all properties in that area have
been connected to the new service. He further advised the contractor
will now be going back and making any repairs that are needed on the
paving etc. and the as -built drawings are being prepared.
Florida Power and Light has advised Mr. Brannon that their new
information for the Phase 2 should be available at the end of the month.
10
Town Commission Regular Meeting
& Public Hearing
10 -10 -14
B. Town Manager
There were no questions and the report was accepted as circulated.
C. Architectural Review & Planning Board
1. Me
a.
b.
c.
d.
e.
!eting Dates
October 23, 2014 @ 8:30 A.M.
November 20, 2014 @ 8:30 A.M.
December 18, 2014 @ 8:30 A.M.
January 22, 2015 @ 8:30 A.M.
February 26, 2015 @ 8:30 A.M.
D. Finance Director
1. Financial Report for September 2014
2. Water Usage Report as of September 30, 2014
There were no questions for the Finance Director and the two reports
were accepted as presented.
E. Police Chief
1. Activity for September 2014
The report was accepted as submitted.
X. Items for Commission Action.
A. Items by Town Attorney
1. Consideration of Hiring Special Counsel - Reasonable
Accommodation Ordinance
2. Consideration of Filing RICO Action & Retaining Special
Counsel to Represent the Town.
Items X.A.1.& 2. were heard earlier in the meeting.
B.Items By Mayor & Commissioners
There were no items by the Mayor or the Commissioners.
XI. Adjournment.
Mayor Morgan adjourned the meeting at approximately 10:20 A.M.
/\A K
Rita L. Taylor
Town Clerk
11
Good Morning:
I hand this writing to you at the behest of Martin O'Boyle who is out of town.
Mr. O'Boyle wishes to address the agenda item titled "Consideration of Filing RICO
Action and Retaining Special Counsel to Represent the Town".
For those of you who are not familiar with RICO Actions, the costs for such Actions
have been known to run into the millions of dollars. Mr. O'Boyle assumes that he
along with his associates is the recipients of this proposed RICO Action.
In connection with the proposed RICO Action, Mr. O'Boyle wishes to provide the
Commission with a warning that any such launch will be met with an unfriendly
response.
Mr. O'Boyle reminds the Commission that the Mayor has been inviting a fight for
some time now.
Mr. O'Boyle further reminds the Commissioners that should they decide to embark
upon and support the Mayor's Grand Battle; the likely result will be the demise of
Gulf Stream.
Mr. O'Boyle urges Gulf Stream to file their planned RICO Action as soon as
possible, provided that they believe it is the proper thing to do, and remembering
their fiduciary responsibility..
In closing Mr. O'Boyle wants all to know that he is waiting for the Commissioners
to take action; and he wants all to be prepared for the strike which he will inflict,
which may include, inter a1ia, a RICO Action against the Town and \or all of is
Commissioners and Manager..
Gerald F. Richman, Richman Greer, P.A.
250 Australian Ave., South, Suite 1504, West Palm Beach, FL 33401
Tel. 561- 803 -3500 Fax 561- 820 -1608 Email: grichman( richmanereer.com
Professional Experience
Gerald F. Richman, President of Richman Greer, P.A., is board certified by The Florida Bar as
both a civil trial lawyer and business litigation lawyer concentrating in trial and appellate
practice, and complex commercial litigation with emphasis on antitrust, securities, contract,
construction, federal agency, corporate, banking, civil RICO, professional liability, consumer,
employment, civil rights, probate litigation and class action issues, representing both plaintiffs
and defendants. In 2000 as lead counsel he conducted the trial of one of the three presidential
election vote cases.
Education
He earned a degree in Building Construction, with honors, at the University of Florida, his Juris
Doctor at the University of Florida College of Law, and studied at Georgetown University's
Graduate Law School.
Professional Activities
He is a Fellow of the American College of Trial Lawyers, served on the Board of Governors of
the International Society of Barristers, is a Charter Member of both the Miami Chapter of the
American Board of Trial Advocates ( "ABOTA ") and the National Association of Consumer
Advocates, has served as President of the ABOTA chapter of Palm Beach, is a National ABOTA
Board Member and is Co -Chair of the International Issues Committee where he has organized
and participated in jury trial demonstrations in Latvia (2006), Portugal (2008), Korea and Japan
(2010) and Berlin (2014) . He received the ABOTA National Masters In Trial Award in 2011. In
1984, he was elected as President of The Florida Bar after having served since 1980 as a member
of the Board of Governors, and having chaired the Bar's Professional Ethics Committee. He was
a member of the House of Delegates of the American Bar Association for several terms, and has
served as President of the Dade County Bar Association. By appointment of the Governor, he
was a member and served as Chair of the Fourth District Court of Appeal Judicial Nominating
Commission (Florida).
Honors and Distinctions
While at the University of Florida, he was Executive Editor of The Law Review, Chancellor of
the Honor Court and was selected as the best speaker in the state and regional Moot Court
competitions. He also co- authored the fast place brief in the National Moot Court competition.
While in the Defense Appellate Division of the Army Judge Advocate General's Corp in
Washington, D.C., he was awarded the Presidential Service Badge for Honorable Service at the
White House. An AV rated lawyer by Martindale Hubbell, he has been selected since 1990 for
the Business Litigation section of The Best Lawyers in America, was selected as the Best Lawyers
2011 West Palm Beach Bet - The - Company Litigator of the Year, is listed in Chambers USA
Directory as a leader in his field, and is in Who's Wio In America. He has also been repeatedly
named as one of the top 100 attorneys in the state and as a Florida Super Lawyer- in the area of
business litigation.