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HomeMy Public PortalAbout11 14 14 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 14, 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 Scott W. Morgan Mayor Participating: Robert W. Ganger Vice Mayor Joan K. Orthwein Commissioner Thomas M. Stanley Commissioner Donna S. White Commissioner Also Present and John Randolph Town Attorney Participating: William H. Thrasher Town Manager Rita L. Taylor Town Clerk Edward Allen Police Lt. Christopher O'Hare Town Resident Patricia Randolph Town Resident Danny Brannon Engineer IV. Minutes. A. Regular Meeting & Public Hearing 10 -10 -14 @ 8:30 A.M. There were minor spelling corrections or changes and the Town Clerk advised that they would be corrected. Vice Mayor Ganger moved the approval of the minutes and the motion was seconded by Commissioner White with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk asked to delete Item X.A. an Easement Relocation. The Town Clerk asked to add Item X.F - Resolution 014 -15 VI. Announcements. A. Regular Meetings and Public Hearings 1. December 12, 2014 @ 9:00 A.M. 2. January 9, 2015 @ 9:00 A.M. 3. February 13, 2015 @ 9:00 A.M. 4. March 13, 2015 @ 9:00 A.M. 5. April 10, 2015 @ 9:00 A.M. 6. May 8, 2015 @ 9:00 A.M. Town Commission Regular Meeting & Public Hearing 11 -14 -14 Mayor Morgan called attention to the next meeting date of December 12, 2014 and asked if anyone had a conflict with this date and none were acknowledged. VII. Communication from the Public (5 min. maximum) The Mayor asked if anyone wanted to speak and Mr. O'Hare was recognized. Mr. O'Hare was recognized and stated: Thank you Mr. Mayor, thank you for the opportunity to speak. I have had the pleasure of meeting most of the police officers in Town. They are better than officers I have seen in other jurisdictions. They are hardworking, honest and forthright, very helpful. I applaud you for giving them the pay raise that you did. But, three years ago I criticized a police officer when I heard him call workers at my home, beaners. A few weeks later this officer searched the inside of my home uninvited and without a warrant. He took pictures of the inside of my home from over my rear fence. This officer came back later and again tried to enter my home uninvited and without a warrant but found the doors locked. He then spied into my private home by looking over the rear fence yet again. This same officer then fabricated a false police report and lied about what he did and why he did it. My complaints to the Town about this produced no results, not even an apology. Instead Mr. Thrasher waged a campaign against me of retaliation and abuse by denying my permits, inciting my neighbors against me and fabricating false code violations, but I wouldn't be silenced. I've made numerous public record requests, I tried to call attention to the Towns' abuse with a website and political art. Got nowhere with the Town. I complained to the Courts and have been retaliated against yet again, this time by a propaganda campaign aimed at silencing me once more by accusing me of harassing the Town and wasting the Town's money and resources, but I'm not going to be silent. In a desperate attempt to force me to give up my complaints and finally be silenced, each Commissioner here has voted to accuse me of criminal racketeering and used the Courts as a weapon to retaliate against me and suppress my free speech. Each member of this commission has collaborated to concoct a fictitious legal complaint against me solely in retribution and retaliation for themselves having been brought before the Courts. I have been warned by Mayor Morgan through his attorney, who used to be my attorney, that I must withdraw all of my complaints or be drawn into a long and expensive RICO lawsuit. This is extortion and I will not be silenced by it. This RICO accusation is untrue and it is a ringing bell that cannot be unrung. It is a callous and malicious attempt to destroy my character, it will not go unpunished. The Town has chosen to fight a long and costly battle with Town money. I've made numerous attempts to resolve this and have been rebuffed. I am 2 Town Commission Regular Meeting & Public Hearing 11 -14 -14 speaking today because I have a responsibility to try to mitigate some of the propaganda damage inflicted on me by this commission, but I'm just a citizen and I'm fighting a juggernaut of power and money, I'm not going to be silenced. Mayor Morgan asked if there were any other comments from the public. Ms. Randolph was recognized and stated: Good morning, can you hear me? My remarks today come from my heart and from the heart of our community. Mr. Mayor, you have once again hit a home run with your letter updating us. It was extremely informative and the committee, while shocked, is very appreciative and supportive. Your strong leadership gives us comfort and hope. To our Gulf Stream staff, we are all so proud of you, we greatly admire and respect your loyalty, hard work, unselfishness and caring upbeat attitude. You have performed with incredible dignity, respect and professionalism even under the most grueling and challenging circumstances. Thank you for protecting Gulf Stream and helping make it the wonderful place that it is. Again, from my heart, and the heart of the community, we thank you Mayor Morgan, Commissioners Ganger, Orthwein, Stanley and White. Last spring the residents spoke loudly and boldly in supporting you. How thrilled we all were with the election results which broke all records. But the sweet smell of victory and our vision for the Town's future is painfully being washed away by the contentious behavior of Mr. O'Boyle and Mr. O'Hare against our Town. But we are not discouraged; in fact we are very much encouraged. After your unanimous vote to proceed with a RICO suit, we now know without any hesitation that we the voters indeed chose a team of leaders. We applaud you for your thoughtful deliberation, your courage, your determination and your toughness. Thank you. Be assured the Community is listening, we are watching and able to provide whatever support is needed. As our Town moves toward this difficult time, we must understand where our power and strength lie. It's a very simple notion, it's a three - legged stool, the Town Staff, the Mayor and the Commissioners and the residents. By joining together with a unified voice and commitment, we are truly a force, a mighty force to be reckoned with. We will see Gulf Stream through this and as they say in the Marine Corp. - Hurrah VIII. Reports. A. Utility Undergrounding - Danny Brannon (Engineer) Mr. Brannon called attention to the handout, pointing out 5 items on Pg.2.: final right of way drawings are being prepared,, easements being recorded, landscaping is beginning except where new street lights will be installed later, contractor to pay a penalty for 5 9 Town Commission Regular Meeting & Public Hearing 11 -14 -14 days beyond completion date ($10,000), binding cost estimate due from FP &L within 2 weeks per Phase 2. B. Town Manager - No Report C. Architectural Review & Planning Board 1. Meeting Dates a. November 20, 2014 @ 8:30 A.M. b. December 18, 2014 @ 8:30 A.M. C. January 22, 2015 @ 8:30 A.M. d. February 26, 2015 @ 8:30 A.M. e. March 26, 2015 @ 8:30 A.M. f. April 23, 2015 @ 8:30 A.M. D. Finance Director 1. Financial Report for October 2014 - Accept as submitted. E. Police Chief - 1. Activity for October 2014- Accept as submitted. IX. Correspondence A. Resolution No. 2014 -02; THE BOARD OF DIRECTORS OF THE PALM BEACH COUNTY LEAGUE OF CITIES, INC. STRONGLY OBJECTING TO RECENT ACTION TAKEN BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO WITHDRAW PALM BEACH COUNTY FROM THE TREASURE COAST REGIONAL PLANNING COUNCIL; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. -Palm Beach County League of Cities Mayor Morgan asked the Town Clerk to explain this resolution. Town Clerk advised that this is a resolution of the League, # 2014 -02 and they're taking the position opposing the possible change from the Treasure Coast Planning Council to the South Florida Regional Planning Council. The Board of County Commissioners hasn't made a final decision, but they're leaning towards that and it is unknown when they will take the next vote, but the Palm Beach County Municipal League has taken a strong position to not change, to stay with Treasure Coast Planning, and they asked that the various municipalities stand solid. We've been with Treasure Coast Planning for many, many years and they don't see any advantage to changing, and the people that are in the Treasure Coast area are more in keeping with our positions on things than if we go to the South she reported. They're asking the Municipalities to do a resolution and there is one prepared for consideration under Commission action. Mr. Ganger advised that most people don't even know what the Regional Treasure Coast Planning Council is. The State of Florida has had a 2 Town Commission Regular Meeting & Public Hearing 11 -14 -14 planning council that actually was consistent with planning at the State level but tailored to the needs of individual communities which are obviously hugely different in a State as large and as complex as the State of Florida. The Treasure Coast Regional Planning Council are urban planners available to towns for challenging issues particularly with respect to growth management. He said it's very important for us as citizens of Palm Beach County to have access to an objective group of planners. The purpose of this resolution is to let the county commission know that the citizens of Palm Beach County don't want to be merged with the citizens of Broward and Dade County. Mayor Morgan commented that they would take it up in more detail when considering the resolution and get the thoughts of the other commissioners. X. Items for Commission Action. A. Request to relocate drainage easement & 3140 Polo- Thomas Laudani, Manager 3140 Polo, LLC This item was removed from the agenda. B. Engagement Letter -Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. Attorney Randolph recommended that the letter be approved. Vice Mayor Ganger moved to authorize the Town Manager to sign the letter and the motion was seconded by Commissioner Stanley with all voting Aye at roll call. C. Resolution No. 014 -13; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNY, FLORIDA, STRONGLY OBJECTING TO RECENT ACTION TAKEN BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO WITHDRAW PALM BEACH COUNTY FROM THE TREASURE COAST REGIONAL PLANNING COUNCIL AND TO REQUEST MEMBERSHIP IN THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL; PROVIDING FOR DITRIBUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Town Clerk read resolution No. 014 -13 by title. Commissioner Orthwein moved to approve and Vice Mayor Ganger seconded with all voting AYE at roll call. D. Resolution No. 014 -14; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014; PROVIDING AN EFFECTIVE DATE. Town Clerk read Resolution No. 014 -14 in its' entirety. 5 Town Commission Regular Meeting & Public Hearing 11 -14 -14 Mayor Morgan asked Town Manager William Thrasher to explain this resolution. Mr. Thrasher stated it is a budget adjustment that is required by the State of Florida. It is a result of unanticipated increase in the level of services from the Police Dept. that he approved throughout the year. It's a necessary movement to adjust the budget to actual hard dollars, a negative of $11,500, which is less than 2 /10's of 1% of the total budget. Mayor Morgan asked Mr. Thrasher to identify the majority of the problem areas. Mr. Thrasher advised that he asked for an analysis and was hoping to find one. It's no one general thing, it's a composite of many that are insidious. The big item was the election. other instances were the signs, the parking, interrogatories, a composite of activities. Motion to approve was made by Vice Mayor Morgan and seconded by Commissioner Orthwein with all voting AYE at roll call. E. Items by Mayor and Commissioners. There were no items from the Commission. F. Resolution No. 014 -15: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE CONSTRUCTION SITE MANAGEMENT HANDBOOK WHICH WAS AUTHORIZED BY ORDINANCE NO. 95/4, AT ARTICLE V, FINES AND PENALTIES, SO AS TO PROVIDE A FINE OF $250.00 FOR SECOND OFFENSES AND A FINE OF $500.00 FOR THIRD OFFENSES AND EACH OIFFENSE THEREAFTER; PROVIDING FOR AN EFFECTIVE DATE. Mayor Morgan asked the Town Clerk to read and explain this resolution. Town Clerk read Resolution No. 014 -15 by title. Town Attorney John Randolph explained that at the last meeting there was a concern stated by a resident that there is no enforcement mechanism for people that are working outside of work hours. He reported that work is in progress on an ordinance related to giving citations for one time violations but that it is not ready for consideration. He felt that it was important to put something in place which would allow the Police Dept. to issue a citation for a particular fine for someone who was R Town Commission Regular Meeting & Public Hearing 11 -14 -14 working outside of work hours or any other thing that falls within the towns construction site handbook. He pointed out that this amendment will provide a 250 fine payable to the Town for a second offense. The first offense is a warning, but the second offense could result in a fine and a third and subsequent offense could result in a fine of $500.00, he said. The amendment provides an alternative method to allow for a violator to pay that citation, or go to court. This is a method by which a person that is cited could simply pay that fine and not go to code enforcement. Code enforcement deals with continuing violations where someone has a violation that continues and the Special Magistrate may want to consider imposing a daily fine. This particular ordinance is drafted for one time violations that aren't continuing. He believes this gives the Police Department some teeth in regard to handling some of those concerns that have been stated by your constituents. Mayor Morgan commented that he thought it was a very good idea for the public and for the Commissioners as well. He advised that Mr. Randolph had been working on an ordinance to give a citation and fine authority through the Code of Ordinances which, up to this point, has not had teeth. However, it's much more complicated than what had been expected. The Code is broad, it's large, it overlaps and a finite citation ordinance needs to be thorough and not contradictory. He remarked that it will probably take months for staff, in addition to all the other work they have to do, to review the code, to try to help Mr. Randolph put together a reasonable Code Fine and Citation Ordinance. Most of the complaints are related to construction activity and this appears to be a way to immediately handle this problem while we get the Code put together the Mayor said. Mr. Ganger asked if the fines are prescribed by some State Statute and where does the $250 fine come from. Mr. Randolph advised that the Code Enforcement Statute allows for $250.00 a day fine for the first offense and $500.00 a day fine for a repeat violation. In answer to a question from Commissioner Orthwein, Mr. Randolph advised that the citation would be issued to the person or persons on the property, or even the property owner if he was the one who ordered them to work outside of the provisions of the handbook. Vice Mayor Ganger moved for adoption of Resolution No. 014 -15 that was seconded by Commissioner Stanley with all voting AYE at roll call. 7 Town Commission Regular Meeting & Public Hearing 11 -14 -14 XI. Adjournment. Mayor Morgan adjourned the meeting at approximately 9:40 A.M. Carole Vitale Recording Secy. 1.1