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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. C' 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. C� 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. U 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