HomeMy Public PortalAboutCase #2015CA001737 (3/6/15)Filing # 24004429 E -Filed 02/20/2015 11:11:55 AM
MARTIN E. O'BOYLE;
ASSET ENHANCEMENT, INC.
Plaintiff,
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THE TOWN OF GULF STREAM;
SCOTT MORGAN; JOHN C. RANDOLPH;
ROBERT SWEETAPPLE;
JOANNE O "CONNOR
Defendants.
THE STATE OF FLORIDA
To each Sheriff of the State:
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IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO: 2015CA001737 I Z $ 4
SUMMONS
YOU ARE COMMANDED to serve this summons and a copy of the complaint in this
law suit on defendant:
The Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Each defendant is required to serve written defenses to the complaint or petition on William
Ring, Plaintiff's attorney, whose address is 1286 West Newport Center Drive, Deerfield Beach,
Florida 33442, within twenty (20) days after service of this summons on that defendant,
exclusive of the day of service, and to file the original of the defenses with the clerk of this court
either before service on plaintiff's attomcy or immediately thereafter. If a defendant fails to do
so, a default will be entered against the defendant for the relief demanded in the complaint or
petition.
DATED on
FEB 25 2015
Lu15
.1,,l +.
SHARON R. BOCK
Clerk & Comptroller
P.O. Box 4667
West Palm Beach, Florida
33402 -4667
The O'Boyle Law Firm P.C.
Attorneys for the Plaintiff
1286 West Newport Center Drive
Deerfield Beach, Florida 33442
Telephone: (954) 570 -3510
Facsimile: (754) 212 -2444
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Kristin Butler - Wilson
* ** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 2/20/2015 11:11:55 AM * **
MARTIN E. O'BOYLE;
ASSET ENHANCEMENT, INC.;
Plaintiffs,
V.
THE TOWN OF GULF STREAM;
SCOTT MORGAN;
JOHN C. RANDOLPH;
ROBERT SWEETAPPLE;
JOANNE O'CONNOR;
Defendants.
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 2015CA001737
COMPLAINT TO ENFORCE FLORIDA'S SUNSHINE AND PUBLIC RECORDS LAWS
AND FOR DECLARATORY AND INJUNCTIVE RELIEF
The Plaintiffs, MARTIN E. O'BOYLE, ( "Plaintiff O'Boyle "), and ASSET
ENHANCEMENT, INC. ( "Plaintiff Asset Enhancement ") by and through the undersigned
counsel, hereby sue THE TOWN OF GULF STREAM, MAYOR SCOTT MORGAN, ROBERT
SWEETAPPLE, JOHN C. RANDOLPH, JOANNE O'CONNOR ( "Defendants ") and states:
1. This action concerns the Defendants's violation of Plaintiffs' civil rights pursuant to
Article I, § 24 of the Florida Constitution §119.01, Fla. Stat, et seq., §286.011, Fla. Stat., and
§286.0114, Fla. Stat. (the "Sunshine Laws ").
2. This action seeks declaratory and injunctive relief.
3. Specifically, Plaintiff O'Boyle seeks an order declaring the Defendants to be in
breach of their constitutional and statutory duties to conduct government in an open and
transparent fashion, nullifying any official acts complained of or discovered that have been
performed in derogation of the Florida Constitution and §286.011, Fla. Stat., enjoining the
Defendants from engaging in the decision - making process for official acts that occur outside of
noticed and recorded meetings, and awarding Plaintiff attorney's fees and costs.
4. Both plaintiffs seek relief from this court in the form of an order mandating the
production of public records and awarding both plaintiffs attorney's fees and costs.
PARTIES, JURISDICTION AND VENUE
5. Martin E. O'Boyle is a resident of the Town of Gulf Stream and a Florida citizen who
has general standing under §286.011(2), Fla. Star., under §286.0114(6), Fla. Stat., and Art I, §
24 of the Florida Constitution.
6. Asset Enhancement, Inc., is a Florida corporation duly organized under the laws of
Florida.
7. Defendant TOWN OF GULF STREAM is a Florida municipal corporation seated in
Palm Beach County.
8. Defendant MAYOR SCOTT MORGAN is the mayor of the TOWN OF GULF
STREAM and an experienced Pennsylvania trial attorney who is familiar with Florida Sunshine
Laws.
9. Defendant JOHN C. RANDOLPH is the Town Attorney for the TOWN OF GULF
STREAM and is also well - versed with Florida Sunshine Laws.
10. Defendant ROBERT SWEETAPPLE is Special Counsel for the TOWN OF GULF
STREAM and is also well - versed with Florida Sunshine Laws.
11. Defendant JOANNE O'CONNOR assists JOHN C. RANDOLPH as Town Counsel
and otherwise represents the TOWN OF GULF STREAM and is also well - versed with Florida
Sunshine Laws.
12. This Court has subject matter jurisdiction pursuant to Article V, § 5(b) of the Florida
Constitution, Article I, § 24(c) of the Florida Constitution, §286.0114(6), Fla. Stat., and
§286.011(2), Fla. Stat.
13. This Court is the appropriate venue for the vindication of the Plaintiffs' civil rights
because the Defendant, Town of Gulf Stream, is seated in Palm Beach County.
14. All conditions precedent to this action have occurred or have been excused or waived.
The Town of Gulf Stream has evaded the Sunshine Laws by delegating all litigation -
related powers to Mayor Scott Morgan. In exercising these powers, Morgan has unilaterally
ordered: (1) protective orders to be filed for the benefit of third parties at the taxpayers' expense;
and, (2) the filing of six bar complaints' on behalf of the Town.2 He has also engaged in
settlement negotiations in secret and withheld offers and counteroffers from the Town
Commission and public at- large.
The Town cannot evade the notice and recorded meeting requirements of the Sunshine
Laws by delegating all power to a single individual, as they have done with Mayor Morgan. The
Sunshine Laws prohibit him from acting alone in the shadows on behalf of the Town. When
Mayor Morgan carries the full power of the Commission, he also carries the full responsibility of
the Commission and can only engage in the deliberative process at noticed and recorded
meetings. Because he possesses the full power and is a lone actor, he engages in the deliberative
process every time he speaks to someone about matters which he will foreseeably take action.
I The bar complaints were filed against, inter alia, Former and current attorneys with The O'Boyle
Law Firm
Z A more traditional sunshine violation occurred when Mayor Morgan and Commissioner
Orthwein met secretly to discuss the propriety of filing the complaints on behalf of the Town
prior to filing the bar complaints as stated in the minutes of the December 12, 2014 Gulf Stream
Town Commission Meeting.
3
These communications must be recorded and held at a noticed public meeting. This heavy
burden is not present when a full board retains power because the Sunshine Law only prevents
deliberations between board members.3 However, Mayor Morgan has purportedly been given
sole authority to direct litigation - related matters and when using this authority, he has
intentionally avoided the Sunshine Laws when acting or directing Town agents to act on behalf
of the Town.
Thus Plaintiff O'Boyle complains that Mayor Morgan has directed or conspired with the
Town's attorneys, and Commissioner Orthwein on at least one occasion, to initiate formal
actions on behalf of the Town. This is part of an ongoing enterprise to criminally conduct Town
business in a manner which purposefully evades the Sunshine Laws. In short, the entire power
of the Town for litigation - related matters is concentrated in Mayor Morgan's hands and he has
wholly disregarded the Sunshine Laws in order to defeat government transparency and allay
criticism and perhaps to increase his political cache.
FACTS RELEVANT TO OPEN MEETINGS LAW COUNTS
15. Starting on or before January 2014, the Plaintiff O'Boyle has been active in Town
politics and has reviewed the actions taken at every Town Commission meeting.
16. Scott Morgan was chairman of the Town's planning board, a public body governed
by the Sunshine Laws, prior to running for Town Commissioner in the 2014 municipal election.
17. On March 11, 2014, Scott Morgan was elected to the position of Town Commissioner
for the Town of Gulf Stream.
18. On April 11, 2014 the Town Commission voted to declare Commissioner Morgan
Mayor of the Town due to his prior litigation experience as a trial lawyer in Pennsylvania.
3 Board members may not use straw men to communicate between themselves in order to avoid
the "meeting" requirement of the Sunshine Laws.
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19. In the Town of Gulf Stream, the title of Mayor is ceremonial and bestowed to one of
the five commissioners.
20. The Mayor has no greater authority than the other commissioners under the Town
Charter.
21. From the election on March 11, 2014 to the date of this complaint, the Town of Gulf
Stream has never held executive session meeting or shade meeting pursuant to §286.011(8), Fla.
Stat.
22. Shortly before or after Mayor Morgan's March 2014 election, the Town
Commissioners decided to delegate all of their litigation decision - making powers to Mayor
Morgan, thus creating a single- member alter ego of the Town's commission. This delegation
occurred in secret, it did not occur at a noticed public meeting.
23. The Morgan delegation in early 2014 was confirmed by admissions of Mayor
Morgan, Randolph, Vice Mayor Ganger, Commissioner Orthwein, and Town Manager Thrasher
at the December 12, 2014 Gulf Stream Commission Meeting.
24. At the December 12, 2014 meeting Vice Mayor Ganger commented that such a
delegation occurred "way back over a considerable period of time." (A true and correct copy of
the December 12, 2014 commission meeting minutes are attached as Exhibit A).
25. Since the inception of the delegation, Mayor Morgan has and will continue to, absent
an injunction, engage in the decision - making process on behalf of the Town with Randolph,
Sweetapple, and O'Connor in secret, without notice and a record of such meetings, and in
derogation of the Florida Sunshine Laws.
26. Despite the continuous and ongoing conspiracy between the highly sophisticated and
legally trained individual defendants to willfully conduct the Town's business outside of the
Sunshine Laws, the Plaintiff O'Boyle is aware of several specific illegal activities.
27. On or about August 6, 2014, Scott Morgan conspired with Joanne O'Connor to
expend the Town's resource by filing protective orders for the benefit of third parties in a public
records case. The decision to take this action did not occur at a public meeting. (A true and
correct copy of the text - message admissions of Mayor Morgan are attached as Exhibit B).
28. On August 25, 2014, Morgan filed about six bar complaints on behalf of the Town.
Those complaints were verified and signed by Morgan on behalf of the Town.
29. That action was preceded by a secret and illegal meeting between at least Mayor
Morgan, Town Manager Thrasher, and Commissioner Orthwein where they determined both the
propriety of filing the bar complaints and which officer should be the Town's signatory.
30. Upon information and belief, Mayor Morgan also conspired with Randolph,
O'Connor, and Sweetapple to further and perfect this unlawful act. The aforementioned
individuals knew that such an action would constitute a formal action that necessitated a
meetings contemplated by the Sunshine Laws.
31.On September 3, 2014, Morgan — along with Sweetapple and O'Connor — met with a
Gulf Stream resident, Chris O'Hare, to discuss settlement of certain public records litigation.
32. Mayor Morgan, Sweetapple and O'Connor deliberately engaged in perfidy by telling
Mr. O'Hare that the settlement discussions would only include certain litigation and that it was
not necessary for all of his lawyers to be present.
33. After Mr. O'Hare was induced into signing a confidentiality agreement, based upon
the aforementioned representation, Mayor Morgan presented a take -it -or -leave it offer to O'Hare
to settle the entirety of his litigation matters, including those matters for which O'Hare's counsel
was not present and/or excluded from the meeting by trick or underhandedness.
34. Mr. O'Hare entertained their offer and, being a former commissioner himself,
inquired how the take- it-or- leave -it offer would be guaranteed if he accepted it.
35. Mr. Sweetapple stated that he would call the other four commissioners and arrange
for a vote if O'Hare accepted Mayor Morgan's offer. (A true and correct copy of the
confidentiality agreement is attached as Exhibit Q.
36. Sometime from late October to mid - November of 2014, the Plaintiff O'Boyle
conveyed a settlement offer to the Town of Gulf Stream.
37. That offer was summarily rejected by Mayor Morgan and Morgan proposed a counter
offer. The offer and counteroffer were not discussed at a public meeting.
38. The 2014 attorney's bills of O'Connor, Randolph, and Sweetapple, confirm that each
of those attorneys has been instrumental in assisting Mayor Morgan in directing the Town's
litigation strategy, including but not limited to the Town's expenditures regarding litigation.
Despite the numerous entries on the Town's attorney bills regarding conferences and strategy
sessions with Morgan, these conferences did not occur at meetings that would comply with the
Sunshine Laws.
39. Mr. Randolph has been automatically referring O'Connor, his partner, business from
the Town in derogation of the self - dealing prohibition in §112.313(16)(c).
40. Mayor Morgan, with his co- conspirators is causing the Town to expend hundreds of
thousands of dollars to the benefit of his co- conspirators and his own political gain. The
taxpayers have been and will continue to be deprived of records (transcripts or minutes reflecting
the decision - making process) to evaluate Morgan's performance in office absent an injunction.
COUNT I — SUNSHINE LAW VIOLATION — BAR COMPLAINTS
41. Plaintiff O'Boyle hereby incorporates by reference paragraphs I -40 as stated above.
42. The Gulf Stream commissioners are granted all legislative powers for the Town of
Gulf Stream and constitute a Board or Commission as that term is contemplated under Article I,
§ 24 of the Florida Constitution and §286.011, Fla. Stat. Mayor Morgan has been delegated the
full powers of the Town Commission with regard to litigation matters as a single member alter
ego of the Board where his entire decision - making process is subject to the requirements of the
Sunshine Laws.
43. The August 25, 2014 filing of bar complaints on behalf of the Town constitutes a
formal action under §286.011, Fla. Stat.
44. Prior to filing the bar complaints, an unnoticed, unrecorded, and illegal meeting
occurred between at least two commissioners, Mayor Morgan and Commissioner Orthwein, to
discuss the propriety of filing the bar complaints and whether Mayor Morgan or Town Manager
Thrasher should be the official to sign the complaints on behalf of the Town, thereby perfecting
the formal action.
45. When the Town was alerted that the filing of the bar complaints constituted a
sunshine violation, the Town Commissioners took a perfunctory vote to ratify Mayor Morgan's
authority to file the bar complaints on December 12, 2014.
46. At that meeting, Vice Mayor Ganger stated that the vote was merely procedural.
47. The Commissioners did not address the propriety of filing the bar complaints and
attempted to vote before any members of the public had an opportunity to comment.
48. An opportunity to speak on the vote was never announced.
E7
49. Despite this lack of announcement, one bold member of the public interrupted the
vote and insisted on commenting.
50. That resident told the commission that their vote was insufficient to cure the sunshine
violation.
51. The Commission heard the sole comment from the public and proceeded to vote
immediately thereafter without further conversation and with unanimity.
52. The decisions leading up to the filing of the bar complaints have yet to be disclosed to
the public.
53. The public still has no knowledge as to why such actions were taken other than the
ostensible reason: to gain advantage in civil litigations, including, inter alia, public records
complaints filed by Plaintiff O'Boyle.
54. Morgan's August 25, 2014 filing of the bar complaints constituted a formal action
under §286.011, Fla. Stat. which had to occur at an open meeting under the Sunshine Laws.
55. The failure to perform the act at an open public meeting constitutes irreparable harm
to the public and is void.
56. The meeting between at least Morgan, Thrasher, and Orthwein which occurred prior
to the filing of the August 25, 2014 bar complaints took place in secret and without public notice.
57. The conversations which occurred at that meeting constituted decision - making under
§286.011, Fla. Stat.
58. That meeting was therefore illegal under §286.011, Fla. Stat. because it occurred in
derogation of the Sunshine Laws.
59. This action caused irreparable harm to all citizens of Florida and must render the
filing of the bar complaints void.
60. Mayor Morgan possesses legal training and Commissioner Orthwein has held office
as a Town commissioner for over 20 years; both should have known better than to willfully
engage in secret meetings.
61. The December 12, 2014 Town Commission ratification of Mayor Morgan's authority
to file the bar complaints merely approved an illegal act, it did not constitute a full reexamination
of the issues sufficient to cure the prior Sunshine Law violations.
62. At the December 12, 2014 meeting Randolph stated that it was his belief that the Gulf
Stream commission delegated authority to Morgan. Based on this statement and his years as
service as Town attorney for multiple Florida municipalities, Randolph knew or should have
known that Morgan was violating the Sunshine Laws for months.
63. Because the Town ratified the ability of Sweetapple, O'Connor, and Randolph to
communicate with the Florida Bar regarding the August 25, 2014 complaints, the Plaintiff
O'Boyle believes that all three counselors willfully conspired with and/or aided and abetted
Mayor Morgan in engaging in the decision - making process and/or perfecting the filing of the bar
complaint outside of the Sunshine Laws.
64. Sweetapple's August bills to the Town reflect multiple conferences with Scott
Morgan on August 25, 2014, the day the bar complaints were filed as well as a conference with a
Mr. Joel Chandler, who was instrumental in bringing the bar complaints.
65. The events that led up to the filing of the bar complaints and the filing of the
complaints themselves constitutes irreparable harm which is ongoing, severe, in derogation of
clearly - established law, and clearly against the public's interest.
10
66. These events are but a subset in a series of ongoing sunshine violations where
Morgan is conspiring with the Town's attorneys to conduct official business in subversion of the
Sunshine Laws meeting requirements.
WHEREFORE, Plaintiff O'Boyle prays this Court:
(a) Declare that Morgan's filing of the bar complaints constituted a formal act taken
by the Town were initiated in derogation of Article I, § 24 of the Florida
Constitution and §286.011 and all applicable case law.
(b) Enjoin Morgan from taking formal actions on behalf of the Town in derogation of
Article I, § 24 of the Florida Constitution and §286.011 and all applicable case
law.
(c) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in §286.011, Florida Statutes; and
(d) Grant such further relief as the Court deems proper.
COUNT II — ANTI -SHUSH SUNSHINE LAW VIOLATION — BAR COMPLAINTS
67. Plaintiff O'Boyle re- alleges and incorporates by reference the above numbered
paragraphs 1 -66 as if fully alleged herein.
68. Plaintiff O'Boyle is a member of the public and Mayor Morgan has been acting as a
single - member alter ego of the Town Commission which is a board or commission as those
terms are contemplated under §286.0114, Florida Statutes.
69. Morgan's filing of six bar complaints on behalf of the Town on August 25, 2014
constituted an official act or proposition as that term is contemplated under §286.0114, Florida
Statutes.
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70. Neither Plaintiff O'Boyle nor the citizens of Florida had a reasonable opportunity to
be heard regarding the decision to file the bar complaints because that decision either did not
occur at a valid meeting under the Sunshine Laws or occurred at a secret meeting with at least
Morgan, Thrasher, and Orthwein present in violation of the Sunshine Laws.
71. The Town's failure to provide for a reasonable opportunity to speak caused the
Plaintiff O'Boyle irreparable harm and there is no adequate remedy at law to remedy such harm.
WHEREFORE, Plaintiff O'Boyle prays this Court:
(a) Declare the Town violated §286.0114, Fla. Stat. when it did not provide Plaintiff
with a reasonable opportunity to be heard before filing six bar complaints on
August 25, 2014;
(b) Issue a permanent injunction against Morgan preventing him from taking formal
actions on behalf of the Town without giving the public a reasonable opportunity
to be heard.
(c) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in §286.011, Florida Statutes.
(d) Grant such further relief as the Court deems proper.
COUNT III — SUNSHINE LAW VIOLATION — PROTECTIVE ORDER
72. Plaintiff O'Boyle hereby incorporates by reference paragraphs 1 -40 as stated above.
73. The Gulf Stream commissioners are granted all legislative powers for the Town of
Gulf Stream and constitute a Board or Commission as that term is contemplated under Article I,
§ 24 of the Florida Constitution and §286.011, Fla. Stat. Mayor Morgan has been delegated the
full powers of the Town Commission with regard to litigation matters as a single member alter
12
ego of the Board where his entire decision - making process is subject to the requirements of the
Sunshine Laws.
74. On or before August 6, 2014, Mayor Morgan directed attorney O'Connor to utilize
the Town's resources to file protective orders for third parties. The protective orders were filed
by O'Connor shortly thereafter.
75. The decision constituted a formal action on behalf of the Town and caused the Town
to incur expenses for third parties.
76. This decision did not occur at a meeting under the Sunshine Laws.
77. Morgan's secret conspiracy with O'Connor to file protective orders on behalf of third
parties was in derogation of the Sunshine Laws and caused irreparable harm to the citizens of
Florida. It was part of a larger series of ongoing sunshine violations where Morgan is
unilaterally directing the Town's litigation as a single member alter ego of the Town where he
engages in the decision - making process without notice and without a record of the events at
meetings required under the Sunshine Laws.
78. It is in the public interest that he be enjoined from operating in this manner and
conspiring with O'Connor to circumvent the Sunshine Law requirements.
WHEREFORE, Plaintiff O'Boyle prays this Court:
(a) Declare that Morgan and O'Connor's conspiracy to file protective orders for non-
party entities constituted a formal act taken by the Town were initiated in
derogation of Article I, § 24 of the Florida Constitution and §286.011 and all
applicable case law.
(b) Enjoin Morgan and O'Connor from conspiring to take formal actions on behalf of
the Town in derogation of Article I, § 24 of the Florida Constitution and §286.011
13
and all applicable case law.
(c) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in §286.011, Florida Statutes; and
(d) Grant such further relief as the Court deems proper.
COUNT IV — ANTI -SHUSH SUNSHINE LAW VIOLATION — PROTECTIVE ORDERS
79. Plaintiff O'Boyle re- alleges and incorporates by reference the above numbered
paragraphs 140 as if fully alleged herein.
80. Plaintiff O'Boyle is a member of the public and Mayor Morgan has been acting as a
single- member alter ego of the Town Commission which is a board or commission as those
terms are contemplated under §286.0114, Florida Statutes.
81.On or about August 6, 2014, Morgan directed O'Connor to file protective orders for
third parties in a public records litigation where the Town was a party and Plaintiff O'Boyle was
a plaintiff. The decision to file constituted an official act or proposition as that term is
contemplated under §286.0114, Florida Statutes.
82. Plaintiff O'Boyle did not have a reasonable opportunity to be heard regarding the
decision to file the protective orders because that decision either did not occur at a valid meeting
under the Sunshine Laws or occurred at a secret meeting in violation of the Sunshine Laws.
83. The Town's failure to provide for a reasonable opportunity to speak caused the
Plaintiff O'Boyle irreparable harm and there is no adequate remedy at law to remedy such harm.
WHEREFORE, Plaintiff O'Boyle prays this Court:
(a) Declare the Town violated §286.0114, Fla. Stat. when it did not provide Plaintiff
with a reasonable opportunity to be heard before filing the protective orders
referenced in Morgan's August 6, 2014 text messages;
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(b) Issue a permanent injunction against Morgan preventing him from taking formal
actions on behalf of the Town without giving the public a reasonable opportunity
to be heard.
(c) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in §286.011, Florida Statutes.
(d) Grant such further relief as the Court deems proper.
COUNT V — SUNSHINE LAW VIOLATION — SEPTEMBER 3rd NEGOTIATIONS
84. Plaintiff O'Boyle re- alleges and incorporates by reference the above numbered
paragraphs 1-40 as if fully alleged herein.
85. The Gulf Stream commissioners are granted all legislative powers for the Town of
Gulf Stream and constitute a Board or Commission as that term is contemplated under Article I,
§ 24 of the Florida Constitution and §286.011, Fla. Stat. Mayor Morgan has been delegated the
full powers of the Town Commission with regard to litigation matters as a single member alter
ego of the Board where his entire decision - making process is subject to the requirements of the
Sunshine Laws.
86. On September 3'd, 2014, Morgan, O'Connor, and Sweetapple met with a town
resident to discuss settling litigation matters concerning that resident.
87. Formal offers for settlement were presented to the town resident by Mayor Morgan.
88. When the resident asked about the enforceability of the offer, Sweetapple allayed the
resident's concerns by promising to arrange the necessary votes of the commissioners if the offer
was accepted.
89. The September 3`d, 2014 negotiation meetings were subject to the Sunshine Laws.
15
90. This meeting was not publically noticed and was held in secret and sealed with a
confidentiality agreement so that the public at -large could never know what occurred at that
illegal and criminal meeting.
91. The September 3, 2014 secret negotiation meeting was in derogation of the Sunshine
Laws and caused irreparable harm to the citizens of Florida. It was part of a larger series of
ongoing sunshine violations where Morgan is unilaterally directing the Town's litigation as a
single member alter ego of the Town where he engages in the decision - making process without
notice and without a record of the events at meetings required under the Sunshine Laws.
92. It is in the public interest that he be enjoined from operating in this manner and
conspiring with O'Connor and Sweetapple to circumvent the Sunshine Law requirements.
WHEREFORE, Plaintiff O'Boyle prays this Court:
(a) Declare that Morgan, Sweetapple, and O'Connor's conspiracy and participation in
settlement negotiations on behalf of the Town was performed in derogation of
Article I, § 24 of the Florida Constitution and §286.011 and all applicable case
law.
(b) Declare that the confidentiality agreement executed by Morgan, Sweetapple, and
O'Connor is null and void.
(c) Enjoin Morgan, O'Connor, and Sweetapple from conspiring to engage in
negotiations on behalf of the Town in derogation of Article I, § 24 of the Florida
Constitution and §286.011 and all applicable case law.
(e) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in §286.011, Florida Statutes; and
(d) Grant such further relief as the Court deems proper.
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COUNT VI — SUNSHINE LAW VIOLATION — COUNTER OFFER
93. Plaintiff O'Boyle re- alleges and incorporates by reference the above numbered
paragraphs 1-40 as if fully alleged herein.
94. The Gulf Stream commissioners are granted all legislative powers for the Town of
Gulf Stream and constitute a Board or Commission as that term is contemplated under Article I,
§ 24 of the Florida Constitution and §286.011, Fla. Stat. Mayor Morgan has been delegated the
full powers of the Town Commission with regard to litigation matters as a single member alter
ego of the Board where his entire decision - making process is subject to the requirements of the
Sunshine Laws.
95. Between late October and mid - November, the Plaintiff O'Boyle, through his attorney,
extended a settlement offer to the Town via one of its attorneys.
96. Shortly thereafter the Town responded with a counter offer.
97. The Town's rejection of Plaintiff O'Boyle's offer and tendering of a counter offer
constituted formal actions under the Sunshine Laws.
98. Plaintiff O'Boyle's offer and the Town's counter offer were never discussed at public
meeting in derogation of the Sunshine Laws.
99. Upon information and belief, Mayor Morgan either withheld Plaintiff's offer and
counter offer from the Town Commission or consulted with them in secret.
100. The rejection of the offer and counteroffer was part of a larger series of ongoing
sunshine violations where Morgan is unilaterally directing the Town's litigation as a single
member alter ego of the Town where he engages in the decision - making process without notice
and without a record of the events at meetings required under the Sunshine Laws.
17
101. It is in the public interest that he be enjoined from operating in this manner to
circumvent the Sunshine Law requirements.
WHEREFORE, Plaintiff O'Boyle prays this Court:
(a) Declare that Morgan violated Article I, § 24 of the Florida Constitution and
§286.011 when he failed to hold a meeting to discuss Plaintiff's offer and
extended a counter offer.
(b) Enjoin Morgan from directing the Town's litigation in derogation of Article I, §
24 of the Florida Constitution and §286.011 and all applicable case law.
(c) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in §286.011, Florida Statutes; and
(d) Grant such further relief as the Court deems proper.
COUNT VI — SUNSHINE LAW VIOLATION — INJUNCTION
102. Plaintiff O'Boyle re- alleges and incorporates by reference the above numbered
paragraphs 1-40 as if fully alleged herein.
103. The Gulf Stream commissioners are granted all legislative powers for the Town of
Gulf Stream and constitute a Board or Commission as that term is contemplated under Article I,
§ 24 of the Florida Constitution and §286.011, Fla. Stat. Mayor Morgan has been delegated the
full powers of the Town Commission with regard to litigation matters as a single member alter
ego of the Board where his entire decision - making process is subject to the requirements of the
Sunshine Laws.
104. Morgan has conspired with Sweetapple, O'Connor, and Randolph to subvert the
Sunshine Laws by ordering and/or implementing formal actions on behalf of the Town and/or
engaging in the decision - making process outside of the Sunshine Laws.
105. The bills of all three attorney's reveal the numerous conversations with Morgan
concerning litigation decisions. None of those conversations were noticed or recorded under the
Sunshine Laws.
106. All of the aforementioned individuals are familiar with the Sunshine Laws,
possess legal training, and are experienced litigators who understand the requirements of the
Sunshine Laws.
107. In addition, the co- conspirators have caused the Town to expend hundreds of
thousands of dollars for the economic benefit O'Connor, Randolph, Sweetapple.
108. When Plaintiff O'Boyle requested Sweetapple's April 2014 billing records for the
Town, the custodian of records redacted the bills to conceal meetings with O'Connor and Scott
Morgan, demonstrating culpability and absence of good- faith.
109. The co- conspirators actions are causing irreparable harm to the public at -large and
the public would benefit from immediate cessation of unnoticed and unrecorded decision - making
meeting between Morgan, O'Connor, Randolph, and Sweetapple.
110. If Plaintiff O'Boyle moves for a preliminary injunction, he is likely to succeed on
the merits.
WHEREFORE, Plaintiff O'Boyle prays this Court:
(a) Declare that Morgan, Randolph, Sweetapple, and O'Connor cannot engage in the
decision - making process without adhering to the notice and recording
requirements Article I, § 24 of the Florida Constitution and §286.011.
(b) Enjoin Morgan, Randolph, Sweetapple, and O'Connor from engaging in the
decision - making process or otherwise conversing with Morgan about the Town's
litigation strategies and other formal actions for which Morgan has been delegated
19
the full power of the Town Commission without holding noticed and recorded
meetings pursuant to Article I, § 24 of the Florida Constitution and §286.011 and
all applicable case law.
(c) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in §286.011, Florida Statutes; and
(d) Grant such further relief as the Court deems proper.
COUNT VII — PUBLIC RECORDS LAW VIOLATION — SWEETAPPLE BILLS
111. On January 7h, 2015, the Plaintiff Asset Enhancement requested "a copy of all
billings and payments from and to the law firm of Sweetapple, Broeker & Varkas, P.L.... for the
billing period beginning November 21, 2014 to the date of this request."
112. On January 201h, 2015, the Town produced redacted bills. (A true and correct
copy of the Town's response is attached as Exhibit D).
113. The responsive documents contain redactions that are clearly not legitimate.
114. In one entry alone, the initials of the attorney, the amount of hours worked, and
the amount invoiced to the Town is redacted.
Florida.
115. These improper redactions are willful violations of the public records laws of
116. Defendant Town of Gulf Stream, as an agency defined in § 119.011(2), Fla. Stat.
owes a duty to allow access to any person to all public records within its control pursuant to Fla.
Stat. Section 119.01(1) unless specifically exempted by the Florida Constitution.
117. Defendant violated its duty when it refused to provide Plaintiff Asset
Enhancement with complete copies of the requested records in violation of Article I, §24 of the
Florida Constitution, §I 19.07(1)(a), Fla. Stat. and well - established case law.
20
118. Several redactions in the record that Plaintiff Asset Enhancement requested are
not exempted under Florida's Public Records Act.
119. Defendant's refusal to provide Plaintiff Asset Enhancement copies of the
requested records constitutes an unlawful withholding or refusal of access as contemplated by
Florida's Public Records Law.
WHEREFORE, Plaintiff Asset Enhancement prays this Court for the following relief:
(a) Declare that Defendant's failure to provide Plaintiff with access to the requested
public records unlawful under Article I, Section 24 of the Florida Constitution and the
Chapter 119, (The Public Records Act);
(b) Order Defendant to allow the inspection, copying and photographing of the
requested records after executing an immediate hearing pursuant to Section 119.11,
Florida Statutes;
(c) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in Section 119.12, Florida Statutes; and
(d) Grant such further relief as the Court deems proper.
COUNT VIII — PUBLIC RECORDS LAW VIOLATION — TEXT MESSAGES
120. On October 1, 2014, the Plaintiff O'Boyle submitted the following request to the
Town of Gulf Stream: Provide copied (in electronic form — i(possible) of all text messages sent
or received by or for Scott Morgan in date order, beginning with the date that he was sworn in
as a Commissioner in 2014 through the date of This Request.
121. The Town responded to the request producing a series of cherry picked text
messages, the substance of which cast the Plaintiff O'Boyle in a negative light. (A true and
correct copy of the Town's response is attached as Exhibit B).
21
122. The Plaintiff O'Boyle became suspicious that the Town was playing "fast and
loose" based on the content of the text messages provided.
123. Through another records request to the Town, the Plaintiff O'Boyle discovered
that the aforementioned reply was incomplete and that Mayor Morgan and/or the Town were
deliberately concealing public records in the form of text messages.
124. On or before early March of 2014, when the Plaintiff O'Boyle sent Morgan, then
Chairman of the Town's Planning Board, an email concerning election matters and followed up
with an in- person response, Morgan stated that he did not read email on the weekends and only
responded to text messages.
125. Defendant Town of Gulf Stream, as an agency defined in § 119.011(2), Fla. Stat.
owes a duty to allow access to any person to all public records within its control pursuant to Fla.
Stat. Section 119.01(1) unless specifically exempted by the Florida Constitution.
126. Defendant violated its duty when it refused to provide Plaintiff O'Boyle with
complete copies of the requested records in violation of Article I, §24 of the Florida Constitution,
§ 119.07(1)(a), Fla. Stat. and well - established case law.
127. Defendant's refusal to provide Plaintiff O'Boyle copies of the requested
records constitutes an unlawful withholding or refusal of access as contemplated by Florida's
Public Records Law.
WHEREFORE, Plaintiff O'Boyle prays this Court for the following relief.
(a) Declare that Defendant's failure to provide Plaintiff with access to the requested
public records unlawful under Article I, Section 24 of the Florida Constitution and the
Chapter 119, (The Public Records Act);
22
(b) Order Defendant to allow the inspection, copying and photographing of the
requested records after executing an immediate hearing pursuant to Section 119.11,
Florida Statutes;
(c) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in Section 119.12, Florida Statutes; and
(d) Grant such further relief as the Court deems proper.
Respectfully submitted,
Dated: February 12.2015 THE O'BOYLE LAW FIRM, P.C.
Attorneys for Plaintiff
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Telephone: (954) 834 -2201
Facsimile: (954) 360 -0807
For Service of Court Documents:
obovlecourtdocs @obovlelawfirm.com
By: /s/ William F. Ring
William Ring, Esq.
Florida Bar 40961795
wring(a),obovlelawfirm.com
23
Exhibit A
24
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY,DECEMBER 12,2014 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
Gary Ward
Police Chief
Danny Brannon
Engineer
Joe Pike
Civil Engineer
Mark Grant
Attorney
Richard Jones
Architect
Christopher O'Hare
Resident
Tony Graziano
Resident
Mark Marsh
Architect
Keith Williams
Landscape Arch
Paul Engle
Surveyor
Tom Laudani
Developer
IV. Minutes.
A. Regular Meeting & Public Hearing 11 -14 -14 @ 8:30 A.M.
There were no changes. 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 add Resolution 14 -17 under item XI B. and
there were no objections.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. January 9, 2015 @ 9:00 A.M.
2. February 13, 2015 @ 9:00 A.M.
3. March 13, 2015 @ 9:00 A.M.
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
4. April 10, 2015 @ 9:00 A.M.
5. May 8, 2015 @ 9:00 A.M.
Mayor Morgan called attention to the next meeting date of January 9,
2015 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 stated:
Thank you Mayor and Commissioners, if it hasn't been said yet, may I
be the first Merry Christmas and the staff as well, and for any of
you that are Jewish, Happy Chanukah. The Town has made a bunch of
ascertains lately through Council and public meetings that my request
for public records are somehow a scam I have perpetrated for the
purpose of making money, extorting money from the Town. The Mayor has
repeatedly called my claims in Court to be malicious and scandalous.
The Town has publicly announced that I am somehow guilty of organized
crime, really? The Town has a star witness Mr. Joel Chandler in this
regard. And I have each sent you each recently, Mr. Mayor and each
Commissioner an email from Mr. Joel Chandler that I have nothing to
do with any of this, that I am completely innocent. I have suffered
and continue to suffer from the Town's accusations and Mr. Mayor I
would like to give you this opportunity, given Mr. Chandler's email
and given the lack of any evidence that I have anything to do with
organized crime for you to publicly retract that accusation now and
stop this continued suffering and damage.
Mayor Morgan: Let's let the facts play out, Mr. O'Hare, and let's
let the law play out as well.
Mr. O'Hare: Play out is very expensive sir.
Mayor Morgan: Thank you Mr. O'Hare. Any other comments from the
public.
Mr. Tony Graziano was recognized and stated his name and address. He
stated that this morning he would like to make some comments not only
on his own behalf, but on behalf of the Town of Gulf Stream Civic
Association. He advised that Mr. Bo Delafield, President, couldn't
be here this morning, so he asked him to express on behalf of the
Association a profound thanks to the Staff for the very difficult
year they have had to deal with. Let's face it, in 2014 the Staff
has had to deal with over 1,000 public record requests. They have
had to deal with a flood of lawsuits, all of which in the view of the
Civic Association, are warrantless and frivolous. They have had to
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Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
deal with some inappropriate situations at Town Hall which resulted
in the installation of additional security features and he also
understands that one of our nice police officers has been accused of
a racist comment. All of this puts incredible pressure on our Town
employees and they, at the Civic Association, applaud them for how
they have handled it. The Town of Gulf Stream is really a wonderful
place to live and I think that almost all of our residents, except
perhaps two, appreciate just how wonderful a place it is and how
great our employees are. So from those who do support you, thank you
for a great year, we look forward to even a better 2015. And since
this is the last Town Commission Meeting before the new year, Merry
Christmas to you all and Happy New Year.
Unidentified resident stated she has nothing to say but Merry
Christmas.
Mayor Morgan asked if there were any ex -parte communications relative
to the applications. There were none.
VIII.PUBLIC HEARING
A. Applications for Development Approval
1. An application submitted by Mark Marsh, Bridges, Marsh
& Associates, as agent for Richard J. Viens and
Patricia E. Werhahn, the owners of property located at
1424 N. Ocean Blvd., Gulf Stream, Florida, which is
legally described as Lots 10 and 10A McLouth
Subdivision.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of a partial 2 -story Anglo Caribbean
style single family dwelling with a cabana and a 3 car
garage, a total of 12,710 square feet, and a swimming
pool.
Commissioner Stanley left the room after declaring a conflict of
interest in regard to this application, in that his law firm,
McMillen & Stanley, handles various legal work for the Viens.
The Town Clerk swore in Mark Grant, Paul Engle and Tom Laudani
who indicated they would be speaking at the public hearing.
Mark Marsh, Bridges Marsh & Associates and Keith Williams from
Nievera Williams, Architects representing Richard Viens and Patricia
Werhahn on the property at 1424 N. Ocean Blvd., Gulf Stream, Florida
introduced themselves and Mr. Marsh advised that they had made a
visual presentation and presented it to the ARPB, receiving unanimous
approval. He stated that the property is compliant in every form.
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Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
Keith Williams of Nievera Williams Design visually presented and
explained the hardscape and all of the landscaping, pointing out the
pool with water flowing over a rock formation, a fire pit, and a
secret garden with a koi pond. Various questions from the Board
Members were asked and their comments were favorable.
Mr. Marsh called attention to the breakfast area, pointing out that
it overlooks the secret garden and has a copper roof as opposed to
the grey tile roof on the remainder of the structure. He added that
the body of the home will be a light cream color with teal shutters.
Vice Mayor Ganger stated he thought that this is a good example of
what Gulf Stream should aspire to be when homes become obsolete or
for any other reason, adding that this improvement is staggering and
he gave his compliments to the owners and to all involved.
Mayor Morgan stated that the house was complimentary to the lot and
is wonderfully tasteful.
Mr. Marsh said the structure is 10,000 sq. ft. living and 2,000 sq.
ft. garage and service area and the gardens and surrounding
landscaping are wonderful.
Mayor Morgan asked if there were any other questions.
Commissioner White made a motion to recommend approval of a Level 3
Architectural Site Plan with one condition: Any minor modifications
in the landscape plan shall be submitted to the Town Manager for
review and approval and any major modifications shall be brought back
to the ARPB for review and approval prior to commencement of
landscaping by Nievera. Vice Mayor Ganger seconded with all voting
AYE at roll call.
B. Petition for Abandonment of 5 foot easement and replacement
with a dedication & grant of a 10 foot easement at 3140
Polo Dr. - Thomas D. Laudani, Mgr. of 3140 Polo, LLC
1. Resolution No. 14 -16; A RESOLUTION OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, FLORIDA, VACATING AND ABANDONING A DRAINAAGE
EASEMENT WITHIN THE NORTH 5 FEET OF LOT 7 AS SHOWN ON
THE PLAT OF GULF STREAM COVE, AS RECORDED IN PLAT BOOK
24, PAGE 185, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA (LOT 7), AND ACCEPTING AN ALTERNATE DRAINAGE
EASEMENT WITHIN THE SOUTH 10' OF LOT 7.
The Town Clerk swore in Mr. Richard Jones, Architect.
4
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
Mark Grant, advised that he is the attorney for 3140 Polo LLC, the
owner of one of the lots and counsel for Seaside Builders, the
contractor who will be working with the owner of the other two lots
that are the subject of this matter, explaining that 3140 Polo LLC is
the owner of Lot 7 and he was here to ask the Town to abandon a 5'
drainage easement along the north property line and accept in
replacement for it a 10' drainage easement along the south property
line. He stated that Joe Pike who is the engineer would be able to
advise that the current easement is not being used and probably will
never be used. He advised that they were going to give in
replacement of the 5' easement a 10' easement for drainage purposes
should the Town ever need it. He said this should not be a
complicated matter with respect to the easement, but he does know
that there have been some concerns about what's going to happen when
the easement is moved and the three lots will then be owned by one
owner and what is going to be built on the property. He indicated
that he had a letter from the owner of the other two lots that
authorizes him to advise that the intention is to come back to the
commission to re -plat these 3 lots into 2 lots. The new two lots
would have two new homes on them and the coverage on the new lots to
be created would be approximately 22% of the larger lot and 25% of
the smaller lot, he said. He explained that they were not here to ask
for approval of anything with respect to the new homes proposed, but
are here on behalf of the applicant and the owner of the other two
lots to commit that they are not going to build one large house on
three lots. Mr. Grant introduced Richard Jones to show what they are
planning to do with these three lots in the future.
Mr. Jones, Richard Jones Architects, showed a site plan of the exact
position of the lots as they are now at the intersection of Polo
Drive and Palm Way. He said that approval had previously been given
to construct a 3,600 square foot home at 3140 Polo Drive and
demolition has started on that lot. He added that directly adjacent
to that lot is the double lot, 3180 Polo Drive, that's on the corner
and has existing structures on it that will eventually be demolished
should a new home be proposed and approved. He showed on the map an
existing 5' easement between 3140 and 3180 Polo, and Joe Pike, Civil
Engineer from Environmental Design, advised that there is nothing
within that easement and due to the slope of the road, there is no
need for a drainage structure there. He also pointed out on the map
the proposed location of the new 10' easement that Mr. Laudani
proposes. The purpose of moving the easement is to allow a re-
platting of the 3 lots by moving the north property line of 3140
farther to the north, redistributing the property to create two
independent lots from the existing property, he said. With two
independent lots it will allow the design of two homes both of which
will comply with the required floor area ratio, set back and open
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Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
space. They will have a three car garage for the 3140 house exiting
out on to Polo Drive and a two car garage for 3180 Polo Dr. exiting
out around the corner on Palm Way. Mr. Jones advised that lot
coverages proposed are 22% on the larger lot which is 26,612 and 25%
on the smaller lot which is 16,509. The layout of the houses depicted
on the site plan show both the conceptual ground floor footprint and
the conceptual second floor footprint with the majority of the square
footage on both houses being on the ground floor. The second floor is
minimized to secondary bedrooms and they would have a complimentary
design of Gulf Stream Bermuda or Colonial West Indies, he said. It
would be two independent designs and each would be totally self -
sufficient as an independent structure conforming to all the LDR's
for the Town of Gulf Stream.
In answer to a question from Vice Mayor Ganger, Mr. Jones said the
minimum size of a lot required in that area is 16,000 sq. ft. and the
smaller lot is 16,509. They are providing the FAR calculations of
.33% on the smaller lot th
larger lot with both being
explained they are seeking
possible to move the north
north in order to position
view across the cove.
combination of
at or below the
to relocate the
property line o
a proposed home
.20% and .33% on the
maximum permitted. He
easement to make it
E 3140 Polo Dr. to the
to take advantage of the
Commissioner Ganger asked what might go wrong in the future with
moving the easement, commenting that he had spoken with Mr. Pike the
previous evening regarding this matter.
At this point Town Manager Thrasher asked if there were any other ex-
parte communications.
Commissioner Orthwein advised that she spoke to Mr. Laudani about
separating the two lots and about dividing them up into two.
Commissioner Stanley stated he has run by the property several times.
Mr. Thrasher asked if there are currently three lots or two lots
platted and Mr. Grant answered that 3140 is one lot, number 7, and
3180 is platted as two lots, numbers 5 and 6, with the one existing
Chome built on the two lots. In addition, he advised that there are
no records to indicate that a unity of title was ever recorded on
this property.
A question was asked by Vice Mayor Ganger if this puts the Town at
risk if a document is subsequently found and is this something the
Commission shouldn't do?
3
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
Attorney Grant saw no future problem related to the unity of title
question.
In answer to Vice Mayor Ganger, Attorney Randolph advised that what
could go wrong was that if this plan didn't go through and the new
owner decides, once this easement is abandoned, to use both lots for
one house. Attorney Randolph went on to advise he had spoken to Mr.
C` Grant before this meeting and asked him what assurance he can give
this commission that that will not happen, that indeed he would go
forward with the plan as proposed.
Attorney Grant confirmed this conversation and repeated that on
behalf of the applicant and the owner of the property, he was
committing not to do one house on these three lots, that the plan is
to come back with a re -plat into the two lot formation that Mr. Jones
described, and then come back with the design that fits all the
Town's requirements.
Attorney Randolph stated that you will agree, in the event if someone
does come back with a house for the whole plot, one house on the two
lots, that the Town could turn that down, that there would be no
challenge to that.
Mr. Laudani advised absolutely, that's not his intention.
Mayor Morgan advised of another ex -parte conversation in which he
spoke to Mark Gran*_ this morning and he reiterated that very same
comment to him.
Vice Mayor Ganger stated that he was going back to the question that
he asked and then interrupted himself. He said he was asking Joe
Pike what the purpose of the 5' easements were since it has been
stated they serve no useful purpose.
Mr. Pike advised that that was correct and that it was an unoccupied
easement and right now there are no pipes subsurface, and the best
reason he could figure for that was that it's not located at the low
spot of the road. Roads are designed in an undulating fashion and
drainage is placed in the low spots where they go out to the
(` Intracoastal. To the North there were existing inlets along Palm Way
and Middle to the South and those go into the Intracoastal now, he
said. The only conceivable use he could see for this easement is if
for some reason one of those became unserviceable, collapsed and you
couldn't repair it, this could be used as an alternate outfall if you
ran pipes to it and conn ected those other inlets to them. Years ago
these five foot easements were commonplace in the plans that he had
seen from the 50's and 60's and they've come to realize that they are
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Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
not very functional if you need to repair or dig up a pipe because
you can't get a piece of equipment back there. He said he had
suggested a 10' easement which is common these days, Mr. Laudani was
happy to oblige, and the Town will be getting a more functional
easement if it is ever needed.
Commissioner Stanley suggested that another option would be to have
them come back with the re -plat and the easements as all part of one
application.
Paul Engle with O'Brien Suiter & O'Brien believed it would be a
cleaner way if the easement changes were made prior to the re -plat so
they would be in the correct location at the time the property is re-
platted and recorded. He said that having all of the changes recorded
on one document rather than having separate instruments would be a
benefit for anyone doing a survey and searching records in the
future.
In answer to a question from Vice Mayor Ganger, Mr. Engle stated that
Polo Drive slopes downward from the corner of Palm Way which would
place the proposed relocation of the easement at a lower elevation
than that of the existing 5' easement.
Mr. Tom Laudani asked to speak and was sworn in by the Town Clerk. He
stated that he agrees completely with what Paul Engle pointed out.
He then asked that the abandonment not be delayed since there is a
contract to sell 3140 with the closing set for the following week
with the movement of the easement being a condition of the closing.
Attorney Mark Grant stated that in addition to that, if he might
bring up the concept plan, his offices were already preparing the
site plans for the two independent lots based on this concept plan
that will be submitted on the 22nd of December for the official re-
plat, or lot split, and he did not believe there to be any thought of
the two independent houses becoming one.
Mr. Laudani advised that he had a couple of points of clarification.
He said that he knew that the Town of Gulf Stream was always very
concerned about what people were doing and who was moving into the
neighborhood and what the intention of the developer, like myself,
was doing. He stated that he developed the Spence property down the
road and he's always tried to do exactly what they told the Town they
were going to do and has had several meetings with Mr. Thrasher and
Rita Taylor on anything that came up. Mr. Laudani advised this is a
piece of property that's being sold to a gentlemen and his wife who
are residents of Gulf Stream, and that he has a written signature
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Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
from the buyer that this property will not be divided into one large
parcel.
Mr. Randolph stated that the plat that he's anticipating bringing
back is to divide the property that we're looking at, which is
essentially two lots, and subdividing it somewhat differently.
t� Mr. Randolph asked if it was his intention to purchase an additional
property to the west and then consolidate those two properties.
Mr. Laudani advised no, and that he'd even give an agreement to the
Town to that effect. He said he has no intention of doing anything
further than what he's doing here and has no intention of creating
one large lot.
Mr. Grant said there was one other thing he would like to bring out.
These were three platted lots and if they ever tried to come back to
make it one, the Town could turn it down. He added that there is no
unity of title of record on any of these lots.
Mr. Randolph asked if he would have any objection to this being
approved subject to the comments made by the applicant today that are
on the record.
Mr. Grant said no, that's fine. It's subject to the wording that I
would like you to use as a condition.
Mr. Ganger asked if the two designs could be done simultaneously so
that the neighbors who are going to be looking at this holistically
as a totality say yes?
Mr. Laudani said that they are both going to be submitted
simultaneously and are both going to be designed to be relatively
compatible in the overall architectural scheme so that when they come
in for approval, there will be no problem with approving them
together. Mr. Laudani added that he's going to cooperate in any way
he can and that certainly his intention was not to interrupt the
charm and the character of that section of Gulf Stream which is
basically what he considers to be a very attractive area.
Mr. Grant stated that the approval would be subject to the comments
and commitments that were made today.
Mr. Laudani stated that it was fine with him.
Mayor Morgan asked Commissioner Stanley for his thoughts as an
attorney who does this sort of work.
0
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
Commissioner Stanley commented that it has been represented there is
no unity of title on these lots which gives the Town a little more
control over the situation.
Mr. Laudani advised Commissioner Stanley that one of the two platted
lots on the Schultz parcel did not conform to the minimum required
lot size and as such is not buildable on its own.
Mayor Morgan asked if there were any questions for Mr. Laudani or Mr.
Grant or any comments from the public. There were no questions or
comments.
Mayor Morgan asked Mr. Randolph to explain the procedure since there
is both a petition and a resolution to consider.
Mr. Randolph advised that the procedure would be to have the Clerk
read the resolution and approve the resolution of abandonment if that
stands up to be the desire.
Attorney Randolph further stated that if that is the Commissions
desire, it should be passed subject to the representations and
commitments that have been made by the applicant here today.
Mayor Morgan asked Town Clerk Taylor to read the resolution.
The Town Clerk read Resolution 14 -16 by title.
This is Resolution 14 -16. The Resolution of the Town Commission,
Town of Gulf Stream, Palm Beach County, Florida vacating and
abandoning a drainage easement within the north 5 feet of lot 7 as
shown on the plat of Gulf Stream Cove as recorded in plat book 24 on
page 185 public records of Palm Beach County, Florida lot 7 and
excepting an alternate drainage easement within the south 10 feet of
lot 7.
Town Clerk stated that this is being presented today this 12th day of
December, 2014.
Mayor Morgan asked if anyone had a motion to approve.
Commissioner Orthwein moved to approve Resolution ;#14 -16 subject to
the statements and considerations made public today at this meeting
and Commissioner Stanley seconded the motion with all voting AYE at
roll call.
Mr. Randolph advised Mr. Grant that he could record the easement just
making sure we see the signed document.
10
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
IX. Reports.
A. Utility Undergrounding — Danny Brannon (Engineer)
Danny Brannon from Brannon & Gillespie presented a package that
indicated the project is still on budget and that Phase I is very
close to wrapping up. The highlight of some of the things currently
going on is FPL providing a design and a binding cost estimate, he
C said. They anticipate the costs to be higher for Phase II and were
supposed to have the numbers and design to us by early November, but
as of yesterday they were still trying to figure it out. Mr. Brannon
talked to project manager John Lear of FPL yesterday and they are
anxious to get this done. He said he thought that maybe he would
have this thing by the end of the day, but he's expecting it no later
than the end of this month.
Vice Mayor Ganger commented that we've lost another month and Mr.
Brannon advised that that would be correct.
Commissioner Stanley asked if FPL is worried about a more complex
directional bore and trenching in Phase II as opposed to the long
runs in the south dig with more houses up here and more meandering
or is it something totally unrelated?
Mr. Brannon stated that in his experience and as time goes on, their
level of expertise and their level of seasoned veterans has
diminished and they're not there anymore and so they have new people
and downsized a lot of their staff. They started out with 16,000
people when he worked with them and now down to 10,000 or 11,000.
They had a very high level of college engineering graduates and they
tried to go to a less expensive manpower level and he found that
their expertise is not anything close.
Vice Mayor Ganger reminded that we signed the check on December 12,
2013 for the telephone portion of the south end and it is now past a
year that they have had our money. He wondered if we shouldn't have
somebody from the telephone company come here and present to us why
it is taking so long.
�y Mr. Brannon advised that we are about to execute Comcast payment of
X105,907. The original Comcast bill was $81,000. By paying the AT &T
in advance we have avoided price increases.
Mayor Morgan asked Mr. Brannon what leverage we had or what options
we had to bring them out to do the work for us for which they have
been paid.
11
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
Mr. Brannon advised that they cannot do the work until our contractor
provides the actual as built construction drawings so they will know
exactly where the pipe has been placed in the ground. He further
advised that he should be getting them by next week and they will go
to Comcast and AT &T.
Mayor Morgan asked if there were any other questions and there were
none.
B. Town Manager - No Report
C. Architectural Review & Planning Board
1. Meeting Dates
a. December 18, 2014 @ 8:30 A.M.
b. January 22, 2015 @ 8:30 A.M.
C. February 26, 2015 @ 8:30 A.M.
d. March 26, 2015 @ 8:30 A.M.
e. April 23, 2015 @ 8:30 A.M.
D. Finance Director
1. Financial Report for November 2014
Mr. Thrasher advised that he had one comment that was not reported in
this report and is very relevant. It is that we have received almost
1.2 million dollars in ad valorem revenues, and that's a real
comfortable feeling at this point and time with no need to cash in or
make any changes in the financial structure. He advised that that
represents maybe 30% of the total ad valorem revenue.
Vice Mayor Ganger asked if these were the prepaid taxes that had gone
through the system and paid to us by the County.
Mr. Thrasher advised yes, that they were ad valorem revenues that we
had received from the County. He didn't know what portion had been
prepaid through mortgages, etc. He thought the Commission should
know that, considering the financial challenges that have been
incurred. He stated that going towards December, it can get very
tight if we haven't received those revenues. He also advised that we
count on ad valorem revenues very materially and that we've gone
beyond that point, as we have them in the bank.
Mayor Morgan asked if there were any other questions for the finance
director.
Christopher O'Hare was recognized and stated the only place in the
financial report that he saw legal services is on page 4 and asked if
it appears in some other place. He said that this figure of $74,000
did not make sense to him, he thought we were closer to half a
million spent between Sweetapple, Richmond, Jones Foster, etc.
12
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
Mr. Thrasher advised that a new fiscal year started on October 1,
2014 and that half million dollars he might have been referring to
was in the last fiscal year.
Mayor Morgan asked if there were any other questions. There being
none, the reports were accepted as submitted.
E. Police Chief
1. Activity for November 2014
Police Chief Ward advised that in response to numerous complaints
received by our residents with regard to the destruction and damage
caused by the ongoing construction here in Town, especially the core
area, the Mayor had suggested that we step up our enforcement in this
area and we have done so to the point where we will now be able to
issue citations for violations that result in these complaints. They
will all be centralized on the construction sites and damage caused
off site as a result of the construction. There will be a first
violation warning situation with the second violation resulting in a
$250 fine and then progress upward. He stated that he has used the
Construction Handbook to provide the opportunity to do this because
all the responsibilities of the builders and contractors are outlined
in that handbook and they would be responsible for the citations that
are issued. He believed this to be a good improvement, something he
had been wanting to do for quite some time. A number of years ago he
and Mr. Randolph worked together on doing this very thing, only to be
thwarted by the Courts with some obstacles that we couldn't overcome
at the time. But presently we are moving forward and should be in a
position to utilize this process very shortly, he said.
In answer to a question from Vice
that none of these fines would be
but would be paid out of pocket.
Mayor Ganger, Chief Ward advised
taken from the construction bond
Commissioner Stanley asked the Town Attorney if the CO would be held
up if there were unpaid citations. He commented that they usually
are mutually exclusive and asked if that would come into play.
Attorney Randolph stated that they usually are mutually exclusive,
but he didn't think the CO could be held up on that basis. He asked
if, under the manual, a stop work order could be issued if the
violations continued.
The reply was yes by Chief Ward and Attorney Randolph said that would
be our leverage, if we gave these warnings and tickets and they were
not paid, we could issue a stop work order on the job.
Chief Ward requested that the activity report for the month be
accepted as submitted. It was accepted and submitted by Mayor Morgan.
13
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
X. Correspondence
A. Resolution No. 228 -14- 14322; A Resolution of the City of
South Miami ( "City ") calling for a South Florida Sea Level Rise
and Climate Change Congress that will include local, state, and
federal elected officials meeting to propose constructive
solutions to sea level rise and climate change.
Vice Mayor Ganger
was a letter that
which he would be
stated that the
came from South
happy to comment
resolution wasn't for us, that it
Miami expressing their resolution
on.
Mayor Morgan asked what the point was of it being on our agenda.
Vice Mayor Ganger replied that when we receive a letter from another
municipality, we put it in the package so that we know what they have
done for us.
The Town Clerk advised that they had asked it to be distributed to
all the Commissioners.
Vice Mayor Ganger also said that they didn't ask for any action and
that this was just a call for awareness.
Mayor Morgan advised that he thought it called for participation of
the municipalities in this Congress.
Vice Mayor Ganger replied that it would eventually, and that it was
not their responsibility to tell us or ask us to participate in a
multi county effort. He said there was a plan they put forth. He
stated that this County is about 1 1� feet above sea level and has the
highest risk and he could understand why they wanted a clarion call
that we all have to get together and deal with a challenge which is,
at this point and time, only partially proven. In other words, there
are some areas that are flooding very badly and that action needed to
be taken. The bigger picture is over a long period of time, what
should we, as combined communities, be doing to protect ourselves
from rising sea levels and climate change, if we believe that climate
change is why sea levels are rising in the first place. He stated
that this is a very complex subject and it's not something that they
are prepared (he thinks that as Gulf Stream we're prepared) to do
much more than to just continue to be involved in as many of these
programs as we can and that he is. He stated that the coalition is,
as we sit on a task force that is centered in Delray and is far more
particular to our higher elevation. The Vice Mayor pointed out that
our limestone is different from the limestone down there and we're
not exactly the same but we share a common issue and the issue for us
14
Town Commission Regular Meeting
December 12, 2014 @a 9:00 A.M.
is more the sanctity of our drinking water. He stated that as sea
levels rise from underneath our drinking water becomes more saline
and over time we're going to have to do some things. But, we're not
going to have to do it, Delray will have to do it because Delray
supplies our water. So we will participate with them to provide
support and in some cases, incite to the differences between one
municipality verses another. He believed that this was a good idea
for them to alert us to what they were doing but felt we could have
found out just as easily by reading the newspaper.
Mayor Morgan thanked the Vice Mayor for elucidating that and said he
had been a little confused by it, but he did take the initiative of
reading their plan, and as long as it was, it did call, as he read
it, for considerable interaction from local municipalities and
municipal offices. However, he appreciated being kept advised as to
what others are doing.
Vice Mayor Ganger replied that he may end up going to that congress
because they would like to have a representative from every
municipality and he thinks it's interesting. He believed we need to
be kept informed and focused to economic issues to prepare for
inevitable increases in the price of flood insurance and ensure that
FEMA and the people that are responsible for the assessment of the
risk that we're going to be taking are informed that we are working
on mitigating those risks as best we can and therefore don't keep
raising our flood insurance rates beyond that which is appropriate.
Mayor Morgan advised that is part of the resolution 14 -17 that will
be discussed in a few minutes.
XI. Items for Commission Action.
A. Items by Mayor and Commissioners.
Mayor Morgan advised that he had an item. He stated that as all
know, on behalf of the Town, he filed complaints before the Bar
against members of the O'Boyle law firm for unethical misconduct and
against Jonathan O'Boyle specifically for unlicensed practice of law.
He stated doing that and that he always considered it, he didn't
think there was any question about it, the implicit direction of this
commission to work with our attorneys or special counsel and our
existing Jones Foster law firm, in defending the cases against us and
advancing all claims that the attorneys felt were necessary. He
stated that the counsel for Mr. O'Boyle had raised a question of that
saying that the Mayor was not authorized by the commission to file
those complaints. He states that he didn't think it is an issue, but
wants to make sure we cover all bases. He is requesting a
retroactive commission approval of his submission of these complaints
15
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
to the Bar Association and he would like to have that discussed now,
and stated that perhaps Mr. Randolph could touch on it.
Mr. Randolph stated that as the Mayor has indicated, he believes it
was implicit by his previous action to authorize the Mayor to take
such actions. But because the issue has been raised, he thought it
would be appropriate for the Commission to ratify retroactively the
actions that have been taken by the Mayor in that regard. To be
specific what we would look for is a motion that the Town Commission
ratify Mayor Morgan's August 25, 2014 filing of a complaint against
the O'Boyle law firm, William Ring, Giovanni Mesa, Nicholas Taylor,
Rhonda Williams and Ryan Whitmer with the Florida Bar's Attorney,
Consumer Assistance program, ACAP, and a complaint against Jonathan
O'Boyle with the Florida Bar's Unlicensed Practice of Law Division,
he said. Included in that motion would also be that the Town
Commission authorizes Mayor Morgan and /or the Town's legal counsel at
Jones, Foster, Johnson & Stubbs PA, Richmond Greer PA and Sweet Apple
Broker and Vargas PL to communicate with ACAP, the Florida Bar and
counsel for the respondents on behalf of the Town in regard to those
complaints. So if the Commission wishes to ratify that action based
upon previous direction, such a motion would be appropriate.
Vice Mayor Ganger advised that he had a comment first, then a Motion.
He believes personally and he believes his colleagues all accept that
implicitly, way back over a considerable period of time, this is
precisely what we had expected to have happen and, therefore, he
thinks that the complaints are kind of procedural. He moved that
that motion as stated by Attorney Randolph be accepted. Commissioner
White seconded the motion.
Mr. O'Hare stepped forward to make a comment and said that for years
Jones Foster had represented this Town without an agreement and at a
public record request, no agreement exists. He states that's an
ethics violation of the Florida Statutes and that he's glad you're
finally fixing that and it's about time. In regard to retroactively
covering your sunshine Violation, I don't think that's going to work.
Thank you.
Mayor Morgan thanked Mr. O'Hare.
The Town Clerk continued with the roll call with all voting AYE at
roll call.
Mr. Thrasher asked to make a comment and advised that in regard to
that topic.
He said he sat through those meetings and it was certainly his
understanding as Town Manager that it was your responsibility to act
16
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
in a manner that you thought would protect our Town, which he thought
you did. In no way did he feel as though he should have stepped
forward and signed anything of that nature. His understanding of the
meeting and his understanding of the actions that the Mayor had taken
were exactly what was asked of the Mayor, he said, and in that regard
he thanked him.
Commissioner Orthwein commented
and that they talked about it a
explicit directions to be at th
litigation, and she believed he
that she agreed with Mr. Thrasher,
a meeting and gave Mayor Morgan
head of the Commission for their
was acting exactly as he should have.
Mayor Morgan thanked Mr. Thrasher and Commissioner Orthwein.
B. Ordinance Section 70 -71 -C
Mayor Morgan advised that this Ordinance was a modification of Town
Code which was passed not too long ago that gave incentives to
builders and architects if they created more interest in the design
of homes. It was to grant them additional square footage. That has
not borne out the way we wanted it to bear out as was indicated by
some of the homes that have gone up recently. He stated that Mr.
Thrasher could explain better than he could as to what the issues
were.
Mr. Thrasher advised that it relates to the intent of the incentive
which was to create architectural elements within a two -story
structure that in essence did not make the home appear as though it
was a big, large block. He advised that some architects are very
creative and they have used this technique to, in essence, just add
5% more square footage to the home that they proposed. He stated
there are examples that he could articulate, but he will not go in
that direction unless asked, but believes that this particular
section of Code has been added should be repealed, or at least
reviewed, and so until that is discussed at the ARPB and ultimately
back to the Commission, he believed some kind of action should be
taken to see that this sort of building doesn't take place in the
near future.
Commissioner Orthwein commented that she had expected to see some
more architectural features and some creativity and all that has been
accomplished is more massiveness. She asked if there was any way
that this can be reworded that would encourage creativity.
Mr. Thrasher stated that it is possible, but a review is needed. Now
it's open for interpretation and it goes back to an idea or concept
that some architects respect the intent of the Code. He stated that
it may not be literal, but that they respect the intent of the Code
and actually augment their architectural design to align with that.
17
Town Commission Regular Meeting
December 12, 2014 @a 9:00 A.M.
He pointed out that the Code actually refers to any portion of the
multi -story that is set back. A design can be that you have this two -
story home attached to a garage by a structured trellis element,
making the entire thing a single family structure. He also states
that they can set back the garage and the whole front part, the main
mass could be close to a block design.
Mr. Randolph stated that he thinks the options were to eliminate this
- entirely or come up with some other language that is better worded
and provided incentives and still protected the Town against
massiveness.
Mayor Morgan asked what the procedure would be to address this.
Mr. Randolph advised that if the Commission was in favor of moving
forward with such a study that, as they have done in the past when an
item has been put under study, you can declare zoning in progress to
protect against people coming in after that had been announced
attempting to take advantage of that provision. He stated that had
been done in the past in regard to study items and if the study is
approved, a motion to do so may be made and zoning in progress
declared during the period of the study so as to preclude any permits
from being granted which are in contravention of the intention of the
study.
Commissioner Orthwein stated she agreed with that.
Mayor Morgan asked if the ARPB should be directed to revisit it or
does it come directly.
Mr. Randolph stated that once the decision is made to revisit it that
would be implicit, but you can sure say to direct the ARPB to revisit
this issue.
Mayor Morgan stated that he was in favor of having the zoning in
progress while this was evaluated and to have the ARPB look at it and
make a decision as to whether it should be repealed altogether or
whether it can be modified in terms of its language to better
effectuate the goal that we're trying to achieve here.
Commissioner White asked for the number of the Code Section that is
being referred to and Town Manager Thrasher replied that it is 70-
71 (c) Incentive floor area ratio.
18
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
Vice Mayor Ganger asked if there were currently submissions that
would be affected by this and he assumed that nothing changes for
something that's already in the file.
Attorney Randolph advised that anybody who is already in the loop
would not be affected by the zoning in progress.
Vice Mayor Ganger thought this would be a multi month issue to write
a Code that truly describes our intent. He stated that this is
happening in every town in America, not just happening here. He
stated that he completely agreed and that we should go back to where
we started and say it wasn't working the way we wanted it to be and
try to be as clever as we can.
Attorney Randolph stated that he thinks it is important for the
record that it be said the intent is to eliminate this particular
provision during the study, while we are looking for an alternative,
if there is an alternative.
Vice Mayor Ganger added, and then take the time to do it as best we
can and get as many experts as we can.
Commissioner Orthwein asked who would do something like that, our
consultants?
Mr. Thrasher stated that's where he would go first, explaining to
them the language problem and start there.
Vice Mayor Ganger said he would say that with this problem you would
want to bring in a fresh set of eyes to see whether or not there's
another solution.
Commissioner Orthwein stated that she thought it was so nice when an
architect comes in like today to get them benefit. But, she stated,
then one comes in and abuses the situation and puts up block homes.
She hoped there could be some kind of language to give architects
incentive to do creative designs and details, as she thought details
are important on homes.
Commissioner Ganger stated that another option is to eliminate the
words incentive, benefit, bonus, whatever it is and saying now look,
this is what we want and we're not going to give you extra credit for
what we want. Do what we want or else.
Mayor Morgan stated that the problem was incentive, giving more
square footage may have been the wrong incentive because it brings
out the worst in people. He suggested perhaps there is another
19
Town Commission Regular Meeting
December 12, 2014 @ 9:00 A.M.
incentive, he didn't know what, but maybe that it's just appealing to
the good nature of our code that we want these things done a certain
way and spell out what is preferred and that's what we should tell
them. He stated that he thought Bob may be right to bring in a fresh
set of eyes to give some advice.
Mr. Graziano asked the Mayor if he would accept a comment from the
public.
Mayor Morgan said he would indeed.
Mr. Graziano stated that he didn't mean to insult Mr. Randolph, but
as somebody who practiced law for 40 years, he could tell you that
you cannot draft an ordinance with a bonus that could be so carefully
drafted and so perfect that an aggressive architect aided by
sophisticated counsel would not get beyond what you intend. He would
urge you to just drop it entirely otherwise you're going to be here
another one or two years from now facing the same problem that a
couple of sophisticated architects aided by sophisticated counsel
have found a way to achieve without giving you what you want.
Mr. Randolph stated that he was not insulted and that's why he said
he thought it should be stated on the record that the purpose is to
eliminate.
Mayor Morgan stated that he tends to agree with Mr. Graziano and
Attorney Randolph. He stated that he is so disappointed with this
ordinance that everyone spent so much time trying to craft to have it
abused.
Mayor Morgan asked if there were any other comments.
Commissioner Orthwein moved to amend the ordinance so as to eliminate
this incentive provision which is incorporated within 70- 71(c)and /or
study an alternative, but in the meantime while the study is
undergoing, to declare zoning in progress directing that no building
permits be issued in contravention of what is the stated intent of
the Commission. Vice Mayor Ganger seconded the motion and all voted
AYE at roll call.
C. Resolution 14 -17
This is a Resolution of the Town Commission, Town of Gulf
Stream, Palm Beach, Florida authorizing the Town of Gulf
Stream to approve and adopt the 2015 revised Palm Beach
County Local Mitigation Strategy Plan and provide an
effective date. It is presented for adoption this 12t` day
of December, 2014.
Town Commission Regular Meeting
December 12, 2014 @0 9:00 A.M.
Mayor Morgan asked if there were any comments regarding the
Resolution, or any questions, and there were none.
Motion to approve Resolution 14 -17 was made by Vice Mayor Ganger and
seconded by Commissioner Stanley with all voting AYE at roll call.
Vice Mayor Ganger stated that he had a brief comment using the word
resolution as the starting point. At our last meeting we had a
resolution with respect to keeping Palm Beach County as part of the
Treasure Coast Regional Planning Council. The risk was that the
County Commission already voted 4 to 3 to move to South Florida and
to basically abandon 38 years relationship with the Treasure Coast.
We had a resolution, it was passed, maybe 35 of the 37 municipalities
also passed, or at least had it up for approval. He said they went
to a County Commission meeting and had expected to be on at 9:30 in
the morning and got on at 2:00 in the afternoon. Mr. Thrasher and I
were there and he said that he actually testified, as did many
Mayors, and the first reading was reversed. It was unanimously
passed that Palm Beach County would stay with the Treasure Coast
Regional Planning Council. They are going to look at wiggling some of
the boundaries but he believed that's not going to happen. The
Governor has that responsibility and he's sure the Governor couldn't
care less why this is being done.
Mayor Morgan stated well done and thanked him for that update and his
efforts, adding that he was delighted to hear that.
XII. Adjournment.
Mayor Morgan adjourned the meeting at approximately 10:40 AM.
Carole Vitale
Recording Secy.
21
Exhibit B
0
11:30:39 P.M. 10 -01 -3016 1 0 9oC900.GO1
1010112014 12:39 Commerce Group
RECORDS REQUEST (the "Request'
Date of Request: 10(112014
Requester's Request ID#:
924
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR. Martin E. O'Boyle
(FAX)95436=7 P.0021002
REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce- group.com
Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Provide copies (in electronic form — If possible) of all teat messages sent or received
tbY or for Scott Mornan In date order, beginning with the date that he was sworn In as
a Commissioner In 2014 through the date of this Request.
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT,
CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON
LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY
RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF
ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF
THE REQUESTER PROVIDED IN THE FLORHIA CONSTITUTION.
IT IS REQUESTED TEAT THIS RECORDS REOUEST BE Ft iLFU LED IN ELECTRONIC FORM IF
NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE
FULFILLED ON 11 X 17 PAP R NOTE: IN ALL CASES (UNL SS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 112,07(4) (a) (2)
ALL ELECTRONIC COPFES ARE REQUESTED To BE SENT BY E-MAIL DELIVERY
PLEASE PROVIDE THE APPROXIMATE COSTS (iF ANY) TO FULFILL THIS PUBLIC RECORDS
REQUEST IN ADVANCE.
It will be required that the Requestor approve of any costs, asserted by the Agency (as defined In Florida
Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency.
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Exhibit D
m
Sweetapple, Broeker & Varicas
Town of Gulf Stream
100 Sea Road
Gulf Stream. FL 33483
Attorney's Fees
20 SE 3rd Street
Boca Raton, FI 33433
Phone; 561-392-1230 1 Fax: 561-394-6102
INVOICE
Invoice Date: December 19, 2014
Invoice Number: 10003
Invoice Amount: 536,150.00
Allatter: O'Boyle: O'Hare
11/312014
Update request for production with R. Sweetapple's
C. B.
.30 S37.30
changes and tile; Finalize letter to NI. Hanna
enclosing 57.105 Dlotion and response. Email.
11/2012014
Review email and response from Scott; Prepare
D.S.
1.70 5595.00
request to produce; Outline in O'Boyle and O'Hare
cases; Review cmnils including reearding
_ Conference with loannc; t�crence with
Scott.
11121/2014
Work on- per R. Sweetapplc's
D.P.V.
.40 $80.00
instructions and comments.
11/21/20141
Review and revise Town response to motion to
A.D.V.
SO 5175.00
disqualify R. Sweclapplc.
11/22/2014
Edit first draft and outline additional facts in
B.S.
1.00 5350.00
complaint.
11/332014
Review letter regarding expedited hearings.
D.S.
.10 535.00
1 1/2520 14
Receive and review letter and conferences.
B.S.
.60 $310.00
11/3513014
Review amended motion by O'Hare; Conferences
D.S.
1.20 5420.00
and case law.
11/26/2014
Revise all documents filed; Draft motion to strike
B.S.
.80 $280.00
verification.
11126/2014
Prepare report to Scott regarding
; Prepare cposttton
notices: Work on 57.105 and O'Hare; Review
request and supplement motion; Prepare letter to
Berner and Hanna.
11/17/2014
Firm conference regarding motion to disqualify R.
D.P.N.
IU 510.00
Sveetapple.
Redacted per Fla. Stat. 119.071(1)
11/28/2014
Receive and review letter, Revise O'Hare second
D.S. .80 S2 80.00
request to produce; Initial review amended of
motion of O'Hare.
11/30/2014
Conference with Scott; Outline all projects on all
D.S. 4.20 $1,470.00
pending Gulfstreant adv. O'Hare and O'Boyle cases;
Prepare strategy regarding
Receive rat review Ica Iatti
letter and affidavit; Receive and review Bergers
motion; Work one. (Date 11 /28).
12/1/2014
Meeting with client and paralegal regarding projects.
D.S. .30 5103.00
(O'Hare).
13 11 /2014
Mecting with client and A. Vnrkas regardirlL
D.S. .50 5175.00
supplement and response; Confluence regarding
�. (O'Boyle).
12/112014
electing with A. Varkas regarding response to
B.S. .75 5262.50
supplement; Conference with Joanne regarding
strafegy
1211/201.1
Firm conference regarding O'Hare and O'Boyle
D.P.V. .30 560.00
orations to disqualify; R. Sweelapple instructions
reemdin
1211/2014
Review O ov es supplement to Ntotton to
A.D.V. 4.00 51,400.00
Disqualify; Research issues
.)) cvtcw original Motion to
MWquain
Lesponsc; Read and summarize case
Imv and treatise.
121212014
Receive and review O'Boyle resonse and letters;
B.S. .90 S315.00
Conference with A. Varkas regarding our response
to supplement.
112 /2014
Ind" transcript /leasing(11 /IS /14)onschedule
A.D.V. 350 51,225.00
conference; Dictate the response to supplement to
Motion to Disqualify Counsel.
12/3/2014
Draft response to supplement to Motion to
C.B. 1.00 $123.01)
Disqualify dictated by A. Varkas. (O'Boyle).
12/3/3014
Receive and review snails and conference regarding
D.S. 5262.50
Dergcr response and sanctions; Conference with D.
.75
Vilalc regarding
Case an
12/3/2014
Rcvicl
A.D.V. .50 5175.00
1512014
Memingtvith
D.S. 30 5105.00
1214/2014
Revise draft o rsponsc to Supplement.
A.D.V. 150 5535.00
12/4/3014
Draft notice of filing per R. Sweetnpple; Compare
D.P.V. .70 S 140.00
deposition testimony for exhibit on the notice
re.,ardine discrepancy; Conference with C. Bailey.
13/5/2014
Travel and attend meeting in all cases and work on
B.S. 650 52,275.00
new pleadings; Meeting with Eric, Gerry, Scott and
Joanne at Gerry's office, Mec0m, with client
regardim
Redacted per Fla. StaL 119.071(1)(d)
r
13/5/2014
tevtse ra t one response to supplement to Motion
A.D.V. 1.00 S350.00
to Disqualify.
12/5/3014
notice of tiling preparation regarding deposition
D.P.V. 5.50 51.100.00
testimony; Travel to and from conference with
client, Gerry, Joanne and R. Sweetapple.
13/6/2014
Saturday: Conference with Scott regarding
B.S. 1.60 $560.00
mediation and stratc!_y; Conference with D. Vitale
regardine perjury motion and
Receive
and review cmails from Week; Review article.
1217/3014
Prepare for meeting Willi Joanne, Gerry and Scott;
B.S. 130 5420.00
Review all projects; Revise response; Email. (Date
12 %06).
1218/2014
Westlaw search: Remedies for- i.e.
A.D.V. 3.50 $1,335.00
(read case la%v and
treatise); Dralt Supplement to Amended \lotion for
Sanctions.
1213/2014
Work on second motion for sanction - O'Boyle;
B.S. .70 5345.00
Respond to supplement.
12/6/3014
Conference with Joannc regarding O'Hare; Enanil
B.S. 1.10 5365.00
response regarding O'Boyle and law regarding
disclosure to Berger by CAP (evening).
12/8/2014
Conlcrcncc with opposing cousel; Prepare Motion
B.S. .70 5345.00
regarding O'Hare; Review O'Hare response.
131612014
Finn conference Willi R. Swectapple regarding case
D.P.V. 1.50 5300.00
and deposition testimony; Conference with A.
Varkas; Reserver rc
a with �; Conference wilt r . ar •as; oucc of
Min--, research and drafting.
13/9/3014
Conference with R. Swectapple and A. Varkas
D.P.V. .40 S80.00
regarding Motion to Disqualify and related
testimony: Receive instructions on drafting.
13/9/2014
Wesilaw starch: 1) Use ol'lormer deposition
A.D.V. ISO 5525.00
testimony (read treatise and case law) 2) Discovery
While Motion to Dismiss pending; Discuss Willi It.
Sweetapple bolstering Response to Supplement.
13/9.13014
Conference with Joanne; Review Hanna's filing;
D.S. $345.00
Revise response Willi clerk; Conference regarding
.70
sanction's motion With A. Varkas.
12/10/2014
Conference Willi R. Swectapple regarding unrelated
D.P.V. 3.40 S680.00
party privilege; Conference With A. Varkas
regarding same; Edit motion per R. Sweetapple
instructions; Research attorney-client privilege;
Review deposition transcript and licarin�_ transcript;
Review allegations in verified complaint and
supplement; Complete draft for R. Swcclapple
review.
12/10/2014
Conference with R. Swectapple and edit response
D.P.V. .30 S60.00
per his request: Prepare for Final review.
12/1012014
Conference with Hanna and Joanne reeardim_ set
B.S. 135 $437.50
Redacted per Fla. Stat. 119.071(1)(d)
Cads
SUBTOTAL:
Redacted per Fla. Stat. 119.071(1)(d)
50.00
deposition Shelly O'Hare; Tentative deposition;
Revise motion far expedite hearing regarding
O'Hare.
12/11/2014
Receive and review email. Prepare response.
D.S.
.10
535.00
12/1113014
Conference with Scott re meeting with
B.S.
35
587.50
and progress report.
12111/2014
Mlectin_ with Dave re contempt and perjury charges
B.S.
.80
$280.00
Martin O'Boyle. Supplement sanctions motion re
additional perjury.
12111/2014
Revise and add section to Supplement to Motion for
B.S.
1.50
5525.00
Sanctions
1 211 12 0 14
Dictate 3rd motion for sanctions rea lleged
B.S.
ISO
5525.00
additional perjury orMlartin O'Boyle. Organize all
exhibits. (Evening)
12/1112014
Evening conference with client. Review drift.
B.S.
50
5175.00
11-111/2014
Start revising Supplement to Motion for Sanctions
A.D.V.
50
5175.00
(O'Boyle)
12/122014
Conference AV re adding perjury case Inv and
B.S.
30
570.00
editing motion
12/12/201 :1
Conference with counsel. Meet with Staff re pending
B.S.
1.75
5612.5O
motions. Revise and rile Second sanctions. Work on
additional perjury motion
12/122014
revise &,review second motion ror sanctions;
A.D.V.
135
$4;750
research: perjury (r S s cases and treatise)
12/13/3014
Conference Mayor. Conference clerk re motion to
B.S.
.50
5175.00
amend and all afTmnative defenses and
counterclaims.
12/1Y2014
Review Hanna Noticed and Descusa email.
B.S.
30
S70.00
12!15201:1
Firm conference re: show cause artier and
D.P.V.
30
$60.110
confidentiality arguments. Discuss passible defenses
to said arauments.
12/152014
Meeting with AV re answer and counterclaim.
B.S.
130
5420.00
Review case law re privilege as it relates
12/16/201.1
Conference w/ RAS and AV re: CAR/O'Boyle
D.P.V.
.10
520.00
privilege and waiver.
12/16/3014
Confrence Joanne Conference Dade County
B.S.
2.40
S840.00
atlontcy. Conf Scult. Work on counterclaims.
13/17/2014
review file and prepare 57.105 for filing
A.D.V.
.25
587.50
13/17/2014
Conf -. Conference Scott. Work on
B.S.
1.00
$350.00
CC and DEPO prep. Review article.
t2/18/2014
Revicw and -. Depo prep.
B.S.
250
5875.00
12/192014
Coil fercncc wi S re: motion to remove and
D.P.V.
30
$60.00
response to spew cause Edit same per discussion.
12119/22014
Prep travel and take Depo. S. O'Hare
B.S.
4.00
51,400.00
12/1912014
Report to Mayor
D.S.
ID
535.00
SUBTOTAL:
8135
S26,130.00
Cads
SUBTOTAL:
Redacted per Fla. Stat. 119.071(1)(d)
50.00
Matter Ledgers
12/19/2014 Balance berere last invoice 50.00
12/19/2014 Invoice 10003 526,150.00
SUBTOTAL: 536,150.00
Trust Account
12119/3014 Previous Balance
Available in Trust:
50.00
S0.00
TOTAL 526,150.00
PRE=VIOUS BALANCE DUE 50.00
CURRENT BALANCE DUE"- AND OWING S26,150.00
12536
TOWN OF GULF STREAM OPERATING ACCOUNT
1123/ ?019
To SWErT.4PPLE, IIROEKER &- VARKAS, P.L
2Q S.E. 3rd STREET`
UOCA RATON, R. 33432
MIN' NV6ICE14lIb19ER ,: DAT>: ��" zYw.. `OESCHI OtI;r.r =-a.. ._,, y • _�AMOUNTi _ �' DISCOUNT' NEC AMOUNT
111003 11119.2014 1�,Jl
S26,150.00
TOWN•OrGULF STREAM SUNTRUSTSANK
OPERAT]NC ACCOUNT �'21i31
700 SEAROA
GULF STREAM, FL 33463 7427
(5E7) 276-5116
OH949 ..
Wky —Twenty six thousand one hundred fifty and 001100 bo!jars"
irJ7HE
ORDER
°i SWEETAPPLE, BROEKER & VARKAS, P.L.
20 &E. 3Fd STREET
BOCA RA.TON, FL 33432
ie0 k 2536Li'
fnAnoUOR- . •12536 !
i
CHECK DATE CHECK -. NO. 1
i
(i
12/23/2014 12536
CHECKMACUNT
E
" 26,150.00 8
P
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