HomeMy Public PortalAbout07/26/2013 * Special MeetingMINUTES OF THE TOWN OF GULF STREAM TOWN COMMISSION MEETING CALLED
BY THE MAYOR PURSUANT TO SECTION 286.011(08), FLORIDA STATUTES ON FRIDAY,
JULY 26, 2013, AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
1. Call to Order: Mayor Orthwein called the Meeting to order at 9:01 A.M.
2. Roll Call:
Present and
�f Participating
Absent w /Notice
Also Present and
Participating
Via Telephone
Via Telephone
Joan K Orthwein
Thomas M. Stanley
Donna S. White
Robert W. Ganger
W. Garrett Dering
William H. Thrasher
Rita L. Taylor
John "Skip" Randolph
Thomas Baud
Keith Rizzardi
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Town Counsel
Mr. O'Boyle's Attorney
Town Counsel Randolph's Assistant
Attorney
3. Approval of Agenda:
Commissioner Ganger moved and Vice -Mayor Stanley seconded the approval of the Agenda. All
voted AYE.
4. Commissioners' Consideration of Settlement Agreement Regarding the Cases Listed in
Exhibit A. Attached.
Town Counsel Randolph suggested a recess of fifteen (15) to twenty (20) minutes at this time, as Mr. Baud
was still in discussion with Mr. O'Boyle on the telephone, regarding final issues on the settlement agreement.
He inquired if the draft copies of the document had been received and distributed as yet, amongst the
Commissioners for their review.
Town Clerk Taylor responded that the draft documents were just received and being copied, and would be
distributed very shortly.
Town Manager Thrasher inquired if during the recess, the Commissioners could discuss any document
issues.
Town Counsel Randolph stated "No ", and to wait until the Commissioners return to session.
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Mayor Orthwein called for a recess of twenty (20) minutes to review the documents independently. She
reconvened the meeting at 9:36 A.M.
Town Counsel Randolph discussed the procedure of reviewing the settlement agreement with prejudices.
He commented on Mr. Joel Chandler's and Mr. Ryan Witmer's positions with regard to this agreement,
advising that they are not a part of the agreement at this point.
Special Town Commission 1lfeeting
Toes of Gulf Stream
July 26, 2013 — Page 2
Mr. Baud explained the revisions of the original prepared settlement agreement that he had with Mr. O'Boyle
and Mr. William Ring, Mr. O'Boyle's Attorney, with regard to the Commission's request of Wednesday, July
24, 2013. He read and listed the changes in the draft settlement agreement.
Town Counsel Randolph stated that the Special Magistrate's case against Mr. O'Boyle will be dismissed
Owith prejudice, and the Town will be dismissing their code violation case, in that regard.
Mr. Baud reported that Mr. O'Boyle has begun repainting his house to conform to the Town's code. He also
discussed that Mr. O'Boyle will have the development agreement for lot coverage with a survey completed, as
soon as the settlement agreement has been resolved.
Town Counsel Randolph continued discussing Mr. O'Boyle's demolition agreement with his proposed
renovations. He further stated that once the settlement agreement has been signed, Mr. O'Boyle would go
forward with the renovations. The diagrams of the property were removed from Town Hall the previous
day. Town Counsel Randolph stated that variances were not required, and to interpret the code as allowing
the renovations to take place. He suggested the Commission re- confirm to approve the site plan review, as a
condition this day, and that will basically be done when the agreement is signed.
Mayor Orthwein inquired with regard to the development agreement and the buildable lot, e.g., the
submerged property between the Intercoastal and the roadway.
Town Counsel Randolph replied that a notable bond will be staked out to know what it is.
Mayor Orthwein inquired regarding a resolution if Mr. O'Boyle asks for one thing and the Commission
requests another regarding the canal.
Town Counsel Randolph stated that there was discussion on the telephone regarding that issue. He further
reported that Mr. O'Boyle felt that he could build whatever was in effect in 1981 or 1983. Town Counsel
Randolph also stated that Mr. O'Boyle agreed that the parties will work together in good faith.
Mayor Orthwein commented that better clarification on that issue was needed through Charles Siemon.
Mr. Baud stated that he has a lot of confidence in Mr. Siemon, knowing that he is reasonable and a practical
lawyer who finds solutions with problems.
Mayor Orthwein inquired if it is possible to have Mr. Siemon come up with a buildable lot area and have
him in charge of it, instead of Mr. O'Boyle. She also questioned if Mr. O'Boyle would honor Mr. Siemon's
decisions.
Vice -Mayor Stanley inquired if there is a project file from 1981, or any notes in the file with regard to this.
Town Manager Thrasher responded those files are no longer available.
Special Toga Commission Meeting
Town of Gulf Stream
July 20, 2013 — Page 3
Town Clerk Taylor stated that those files were purged after fifteen (15) years, but that the code could be
checked and assume that the code was met.
Mayor Orthwein suggested that the code from that time should be read.
OMr. Baird stated that when the settlement agreement has been executed this day, all the cases will be
dismissed. He continued that the issue of the buildable lot will still be worked out between him, Mr. Siemon
and their client, Mr. O'Boyle, and he feels it will be acceptable to both the Town and Mr. O'Boyle. Mr. Baird
further stated that it was best to know what the buildable lot areas would be.
Mayor Orthwein inquired if Mr. O'Boyle is in full agreement in having trust with Mr. Siemon's opinion in
regard to the buildable lot.
Mr. Baird commented that the concern of the lot coverage is the mass of the structure therefore a maximum
size should be reached. He said that he would obtain an agreement from Mr. O'Boyle regarding not to
exceed a defined square footage.
Mayor Orthwein responded that a maximum amount that is buildable would be a big help.
Vice -Mayor Stanley interjected that the present home on the property is 8,000 sq. feet.
Mr. Baird inquired as to the ranges in the community.
Mayor Orthwein replied that it depended on the size of the lots, the ocean and many other ranges.
Vice -Mayor Stanley reported that the properties range from 5,000 to 12,000 square feet. He continued that
he did not believe that there was a 15,000 square foot house in that area.
Commissioner Ganger gave some history on the homes that Mr. O'Boyle owns. He further stated that Mr.
O'Boyle has a home that abuts the Intracoastal and almost abuts the roadway. Commissioner Ganger
discussed the proximity of Mr. O'Boyle's home to his neighbors. He continued that he felt that a home could
not effectively be built that is substantially larger than what is there at present, in terms of its footprint.
Commissioner Ganger stated that it is a two (2) story home.
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Vice -Mayor Stanley reported that public records show that bfr. O'Boyle's present home is 7,907 square feet,
which is listed slightly higher on the application.
Town Manager Thrasher discussed the plan that was submitted which asked to increase the footage to
8,110 square feet from 8,001 square feet. He continued that the Town's code (for reference) would allow a
home 5,221 square feet.
Mr. Baird stated that effectively Mr. O'Boyle would not be able to build the home.
Special Town Commission Meeting
Town of Gulf Swam
July 26, 2013 —Page 4
Town Counsel Randolph inquired if he was to tear down what is there today, would Mr. O'Boyle be able to
reconstruct a home.
Mayor Orthwein responded "Yes" up to 8,110 square feet.
Town Counsel Randolph suggested recessing around noon to get this final agreement satisfied, and have a
final discussion this day.
Commissioner Ganger agreed and stated "Speed is good. Let's get this thing done ".
Town Counsel Randolph explained in detail the paperwork and time involved to complete this agreement,
and gave instructions to his Assistant Attorney, Mr. Rizzardi.
Vice -Mayor Stanley inquired regarding the Witmer case, unrelated to the square footage, whether his letter
was going to function as dismissal with prejudice or can a letter be prepared for his signature.
Town Counsel Randolph stated a letter of dismissal with prejudice could be prepared especially for him
with acknowledgement that he was withdrawing his public record request.
Vice -Mayor Stanley added that the Town should be prepared in that Mr. O'Boyle may come back with
regard to porches and balconies, whether it is 8,000 or 10,000 square feet.
Town Counsel Randolph suggested that the Commission review the site plan on file for approval.
Mayor Orthwein reported that she felt that in 1983 three (3) story or higher homes were not approved, and
it is important to state at this time that only a two (2) story house is allowed.
Mr. Baird agreed that 8,110 square feet and two (2) stories only would be in the agreement.
Town Counsel Randolph inquired if the Commissioners have understood everything so far, adding that he
felt that they were moving forward in good faith.
Town Manager Thrasher inquired regarding the level 3 plan review process.
Town Counsel Randolph responded that it was presented to the Commission when Mr. Currie was present
and Mr. Siemon made his presentation at Town Hall.
Town Manager Thrasher inquired regarding the reference to "immediately approving plans ". He added it
does have to go through Delray's permitting process which the Town has no control over. Town Manager
Thrasher continued that the Town signs off on the building permit application. He questioned if Mr.
O'Boyle thought that the Town could waive that requirement that Delray has final approval. Town Manager
Thrasher suggested speaking to Mr. O'Boyle regarding that process.
Special Town Commission Meeting
Town of Gulf Stmam
July 26, 2013 — Page 5
Vice -Mayor Stanley recapped the building permit requirements that go through extensive review. He
continued that the process could take up to 45 -60 days with Delray and that Mr. O'Boyle should understand
that it is not the Town's fault.
Town Clerk Taylor detailed the Town's process with regard to the zoning part. She continued, Delray
works with the Florida Building Code, which addresses the technical issues and which the Town of Gulf
Stream has no control over.
Mr. Baird stated he would explain the above information to Mr. O'Boyle.
Town Manager Thrasher inquired if Mr. O'Boyle agrees that the wire transfer of monies would be in his
name, and not any reference to his Corporation.
Town Counsel Randolph questioned the importance of the name on the wiring of monies to the Town.
Vice -Mayor Stanley stated that the Commerce Group is not part of the action. He continued Mr. O'Boyle
is doing this because of his in -house Counsel and may want to deduct it later. Vice -Mayor Stanley explained
further that a letter of approval stating that when the Town wires the monies to "Z-YZ" Corporation, that is
in satisfaction of this.
Town Manager Thrasher discussed 16 Hidden Harbor which has two (2) signs on the property.
Town Counsel Randolph stated that the signs will be coming down and that item will be added to the
agreement.
Commissioner Ganger repeated the importance of only a two (2) story home and the problems with a
higher house.
There was a short fifteen (15) minute recess.
Town Manager Thrasher made inquiries regarding the wiring of the money and the timeline.
Mr. Baird explained the execution of the agreement and of the money which was to be wired this day.
Town Counsel Randolph stated that a copy of the final agreement should be in the Commissioners' hands
within the next five (5) minutes for their review.
Mr. Rizzardi stated he received an email from Mr. Witmer confirming the intent to withdraw everything, and
a letter stating that, in addition to the email. He added he did not receive a voluntary dismissal with prejudice
document to be filed with the Court that is executed at this point.
Special Town Commission Meeting
Town of Gulf Stream
July 26, 2013 — Page 6
Town Counsel Randolph and Mr. Rizzardi discussed their directives for Ashlee to prepare the documents.
Mr. Rizzardi distributed copies of the updated final settlement agreement.
Town Counsel Randolph and Mr. Baird discussed in great detail all the updated changes to the final
settlement agreement.
Mr. Rizzardi further described the process of finalizing this procedure and suggested Mayor Orthwein be the
only signature on the document.
Vice -Mayor Stanley moved and Commissioner Ganger seconded approval for Mayor Orthwein to sign
and bind the agreement. All vote AYE.
Town Manager Thrasher and Mayor Orthwein left the premises to proceed with xviring the money.
There was another short recess at this time.
Vice -Mayor Stanley called the meeting back to order at 2:13 P.M. and reported that Mayor Orthwein has
left the dais in order to effectuate certain items that related to approval of the settlement agreement. He
continued that since there is no other business, the meeting is hereby adjourned.
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Sandra Fein
Recording Secretary
TOWN OF GULF STREAM SPECIAL TOWN COMMISSION MEETING
CALLED BY THE MAYOR PURSUANT TO SECTION 286.011(08),
FLORIDA STATUTES
FRIDAY, JULY 26, 2013 AT 9:00 A.M.
TOWN OF GULF STREAM
TOWN HALL
AGENDA
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Commissioners' Consideration of Settlement Agreement Regarding the Cases
Listed in Exhibit A, Attached.
5. Entertain comments from Martin O'Boyle and /or his attorney or representatives
6. Entertain comments from Mayor Orthwein, Vice Mayor Stanley, and
Commissioner Ganger
7. Any other matters
8. Adjournment
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
502013CA007609XXXXMBAA
Ryan L. Witmer vs Town of Gulf Stream
PR #005
502013CA008125XXXXMBAH
Commerce Group, Inc. vs Town of Gulf Stream
PR #000
502013CA00BB09XXXXMBAA
N984AC Caravan LLC vs Town of Gulf Stream
PR #343
502013CA008701XXXXMBAA
N984AC Caravan LLC vs Town of Gulf Stream
PR #340
502013CA008594XXXXMBAG
Airline Highway LLC vs Town of Gulf Stream
PR #341
502013CA008452XXXXMBAG
Martin E. O'Boyle vs Town of Gulf Stream
PR #336
502013CA008919XXXXMBAD
N984AC Caravan LLC vs Town of Gulf Stream
PR #351
502013CA011120XXXXMBAO
Martin E. O'Boyle vs Town of Gulf Stream
PR #363
502013CA01 1 122XXXXMBAI
Martin E O'Boyle vs Town of Gulf Stream
PR Signage
502013CA007789XXXXMBAN
Joel Chandler vs Town of Gulf Stream
PR # 333
502013CA011411 XXXXMBAJ
Martin E. O'Boyle vs Town of Gulf Stream
PR # 398
502013CA011414XXXXMBAI
Martin E. O'Boyle vs Town of Gulf Stream
PR #407
502013CA01 141 6XXXXMBAO
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
502013CA011423XXXXMBAD
Martin E. O'Boyle vs Town of Gulf Stream
PR # 411
502013CA011424XXXXMBAE
Martin E. O'Boyle vs Town of Gulf Stream
PR #412
502013CA011850XXXXMBAA
Ryan L Witmer vs Town of Gulf Stream
PR #0003
502013CA006388XXXXMBAY
Martin E. O'Boyle vs Town of Gulf Stream
Certiorari
US District Court Southern
District of Florida 13 -CIV -80530
Middlebrooks /Brannon
Martin E O'Boyle vs Town of Gulf Stream
Injunction
Declaratory
Jud ment
pAdo X131471000131do61gg1753 docx