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.
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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
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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
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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
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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.
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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
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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.
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XI. Adjournment.
Mayor Morgan adjourned the meeting at approximately 9:40 A.M.
Carole Vitale
Recording Secy.
1.1