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Home My Public Portal About07/24/2013 * Special MeetingMINUTES OF THE SPECIAL MEETING HELD BY THE TOWN COMMISSION AT THE CALL OF THE MAYOR OF THE TOWN OF GULF STREAM PURSUANT TO SECTION 286.011(08),FLORIDA STATE STATUTES, ON WEDNESDAY,JULY 24, 2013 AT 3:30 P.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. OI. Call to Order. Mayor Orthwein called the meeting to order at 3:30 P.M. Roll Call. Present and Participating: Absent With Notice: Also Present and Participating II. Approval of Agenda. Joan K. Orthwein Thomas M. Stanley Robert W. Ganger W. Garrett Dering Donna S. White William H. Thrasher John Randolph Rita Taylor Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Town Clerk Commissioner Ganger moved and Commissioner Stanley seconded that the agenda be approved and all voted AYE. Attorney Randolph distributed copies of a proposed agreement that had been given to him just before 2:30 this date and suggested that time should be given to read it and the amended Exhibit A that is attached. He stated this matter could be discussed at this open meeting or a Closed Door Meeting could be held. Mr. Randolph reminded that Closed Door Sessions relate only to settlement discussions and litigation strategy related to costs of litigation and will be quite limited. He stated if the Commission decides to go forward with a Closed Door Session, the attached Exhibit has been modified so as to exclude the Chandler, Witman and various corporate court cases and the Petition for Writ of Cert. Attorney Randolph advised that if there is to be a Closed Door Session, the Mayor must read the agenda aloud for the Closed Door Session. Commissioner Ganger remarked that most are not familiar with the cases proposed for settlement. Attny. Randolph stated the cases themselves will not be discussed in closed door session, only settlement matters. He added that the cases, except for 2, are Public Records suits filed by Mr. O'Boyle,, people who work for him or corporations in which Mr. O'Boyle has an interest. The other case is a Federal Law Suit in which he claims his lee amendment rights have been violated as having been cited for paintings on the side of his hours. Another is a Writ of Cert filed by Charles Sieman who appeared for Mr. O'Boyle at his Special Meeting Town Commission -July 24, 2013 page 2 hearing for variances. It is just an appeal of the Commission's decision at that point. Attorney Randolph reminded that individuals do not take notes at the Closed Door Sessions. You give directions to your attorneys at the session but the Commissioners have to come back in an Open Door Session and explain what was done, not the details of the �) Closed Door Session as those remain private until litigation is concluded. III. Announcements made by Mayor Orthwein. A. Pursuant to Section 286.011(8), Florida Statutes, the Town Commission is adjourning and commencing a Closed Door Attorney Client Session for the purpose of discussing settlement negotiations and /or strategy relating to litigation and expenses in the cases set forth on Exhibit "A" attached hereto. B. The estimated length of the session is approximately one hour. C. Those persons attending the session are: Mayor Joan Orthwein; Town Commissioners Robert Ganger and Thomas Stanley; Town Manager William H. Thrasher; Town Attorneys John C. Randolph and Thomas J. Baird; and Court Reporter from Ley & Marsaa Court Reporters, Inc., Julie Andolpho. D. Attendees will now retire to Conference Room. The Closed Door Session began at this point with only the above named persons present. IV. Reconvene Commission Meeting The Open Meeting reconvened at 5:44 P.M. Roll Call: Commissioner Ganager, Commissioner Stanley, and Mayor Orthwein were present. Mayor Orthwein announced there would be a Special Meeting held on Thursday, August 1, 2013 at 3:00 P.M. to receive a proposed settlement agreement for consideration after Attny. Baird has an opportunity to meet with their attorneys to discuss the clarification. She advised that should the document be available any sooner, the Special Meeting may be moved to an earlier time. She added that Mr. O'Boyle owns two houses and the agreement should include that signs and /or drawings should be required to be removed entirely from both properties and all suits, i.e. Witmer and other corporation suits that O'Boyle is a party to be dropped. Commissioner Stanley asked if Mr. O'Boyle was associated with all of the corporations listed in the suits to which Attny. Randolph replied, yes, and would be included in the settlement. Commissioner Ganger publically thanked those persons that have helped accomplish what has been achieved so far, a classic example of people coming together. Special Meeting Town Commission -July 24, 2013 V. Other Matters. There were no other matters. VI. Adjournment. Mayor Orthwein adjourned the meeting at 5:50 P.M. Z /a Rita Taylor Town Clerk page 3 JUL.23.2013 1:10PM JONES FOSTER JOHNSTON & STUBBS NO.133 P.1 TOWN OF GULF STREAM SPECIAL TOWN COMMISSION METING PURSUANT TO SECTION 286,011(08), FLORIDA STATUTES AGENDA WEDNESDAY, JULY 24, 2013 3 :30 P.M CALL TO ORDER AND ROLL CALL (IN TOWN COMMISSION CHAMBERS) II. APPROVAL OF AGENDA III. MAYOR ORTHWEIN ANNOUNCES: A. PURSUANT TO SECTION 286.011(8), FLORIDA STATUTES, THE TOWN COMMISSION IS ADJOURNING AND COMMENCING A CLOSED DOOR ATTORNEY CLIENT SESSION FOR THE PURPOSE OF DISCUSSING SETTLEMENT NEGOTIATIONS AND /OR STRATEGY RELATING TO LITIGATION AND EXPENSES IN THE CASES SET FORTH ON EXHIBIT "A" ATTACHED HERETO, B. THE ESTIMATED LENGTH OF THE SESSION IS APPROXIMATELY ONE HOUR. C. THOSE PERSONS ATTENDING THE SESSION ARE: MAYOR JOAN ORTHWEIN; TOWN COMMISSIONERS DONNA S. WHITE, W. GARRETT DERING, ROBERT GANGER AND THOMAS STANLEY; TOWN MANAGER WILLIAM H, THRASHER; TOWN ATTORNEYS JOHN C. RANDOLPH AND THOMAS J. BAIRD; AND COURT REPORTER FROM LEY & MARSAA COURT REPORTERS, INC. D, ATTENDEES RETIRE TO CONFERENCE ROOM IV. RECONVENE COMMISSION MEETING V. ANY OTHER MATTERS VI. ADJOURNMENT p:Wocs11314- AW0131doc119Q 1570.doc SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 EXHIBIT "A" CASE NO. 15th Judicial Circuit Palm Beach County, Florida PARTIES SUBJECT 502013CA00675OXXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 AA Commerce 5n2n1 LAOOSRnaXXXXMO ^ ^ am A008701 XXXXMBAA rline Hi hw 1 502013CA008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #336 502013CA01 1 120XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA011122XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR Signage 502013CA01 141 1XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 502013CA011416XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #408 502013CA011417XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 409 502013CA011421XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #410 502013CA01 1423XXXXM BAD Martin E. O'Boyle vs Town of Gulf Stream PR # 411 502013CA011424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 3 fG US District Court Southern District of Florida 13 -CIV -80530 Middlebrooks /Brannon Martin E. O'Boyle vs Town of Gulf Stream Injunction Declaratory Judgment pAdocs \13147 \00013\doc \7 gg1763.docx EXHIBIT "A" CASE NO. 15"' Judicial Circuit Palm Beach County, Florida PARTIES SUBJECT 502013CA00675OXXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 502013CA008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #336 502013CA011120XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA011122XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR Signage 502013CA01 141 1XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 502013CA011416XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #408 502013CA01 1417XXXXM BAD Martin E. O'Boyle vs Town of Gulf Stream PR # 409 502013CA011421XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #410 502013CA011423XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 411 502013CA011424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 US District Court Southern District of Florida 13 -CIV -80530 Middlebrooks /Brannon Martin E. O'Boyle vs Town of Gulf Stream Injunction Declaratory Judgment p:ldocs1131471000131doc11 gs0822.docx /Vi' W