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Home My Public Portal About07/23/2013 * Special MeetingMINUTES OF THE SPECIAL MEETING HELD BY THE TOWN COMMISSION AT THE CALL OF THE MAYOR OF THE TOWN OF GULF STREAM ON TUESDAY, JULY 23, 2013 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Orthwein called the meeting to order at O9:00 A.M. II. Roll Call. Present and Joan K. Orthwein Mayor Participating: Thomas M. Stanley Vice Mayor Robert W. Ganger Commissioner Absent With Notice: Also Present and Participating: W. Garrett Dering Donna S. White William H. Thrasher John Randolph Rita Taylor Commissioner Commissioner Town Manager Town Attorney Town Clerk III. Approval of Agenda. Commissioner Ganger moved and Commissioner Stanley seconded that the agenda be approved and all voted AYE. IV. Consideration of scheduling a closed door Attorney /Client Session regarding the cases set forth on attached Exhibit "A" at 3:30 p.m. on Wednesday, July 24, 2013, in the Town Commission Chambers, 100 Sea Road, Gulf Stream, Florida. Attorney /Client Session Attendees: Mayor Joan Orthwein; Town Commissioners Donna S. White, W. Garrett Dering, Robert W. Ganger and Thomas M. Stanley; Town Manager William H. Thrasher, Town Attorney John C. Randolph, Attorney Thomas Baird and Court Reporter from Ley & Marsaa Court Reporters, Inc. The Town Attorney advised that the purpose of this meeting is for him to request a closed door attorney /client meeting because he needs the Commissions advise regarding the litigation that is pending against the Town. He stated the Statute regarding having an attorney /client session is Section 286.011 of the Florida Statutes and provides that the first order of business is that the entities attorney shall advise the entity at a public meeting that he desires advise concerning the litigation attached on Exhibit A. Mr. Randolph stated he would like to add to Exhibit A because there was an additional suite received last evening, the case of Ryan Witmer vs the Town of Gulf- Stream, Case Number 50213CAD11850XXXXMBAA . He added that he would like to include any other suites relating to these matters which may be pending as of the date of the Closed Door Session. The Town Attorney ask for consideration of scheduling a Closed Door Attorney /Client Special Meeting Town Commission -July 23, 2013 page 2 session regarding the cases set forth on attached Exhibit A as amended, on Wednesday, July 24, 2013 at 3:30 P.M. in the Town Commission Chambers at 100 Sea Road, Gulf Stream, Florida. He pointed out that the meeting will commence as a public session and the Mayor will announce the purpose of the meeting, the estimated time of the meeting and the parties who will be attending. At the conclusion of the Attorney /Client Session, the public meeting will be re- opened and the Mayor shall announce the termination of the session. The Attorney /Client attendees will be Mayor Orthwein, Commissioners Donna White, if available, W. Garrett Dering, if available, Robert W. Ganger, Thomas M. Stanley, Town Manager William Thrasher, Town Attorneys John Randolph and Tom Baird and a Court Reporter from Ley & Marsaa Court Reporters Inc. Attorney Randolph stated that if the Commission approves of holding the Attorney /Client Closed Door Session as set out on the agenda and requested by him, due to the need for the Commission's advise in regard to these cases, he would like to have a motion to schedule the session as set forth on this agenda at 3:30 P.M. on July 24, 2013 in the Town Commission Chambers. Commissioner Ganger stated that he understood that Commissioners could not attend by phone. Attorney Randolph confirmed this, adding that he included Donna White and Garrett Dering as being in attendance because he did not know who could be in attendance and who could not, but he doubted if either Commissioner White or Commissioner Dering would be able to attend. Commissioner Ganger moved and Commissioner Stanley seconded that a Closed Door Attorney /Client Session be held on Wednesday, July 24, 2013 at 3:30 P.M. in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida with the attendees being those listed herein. Roll Call: Comm. Ganger, AYE; Comm. Stanley, AYE; and Mayor Orthwein, AYE. V. Any Other Matters. Mayor Orthwein asked if there were other matters to consider at this time. There were none. VI. Adjournment. Mayor Orthwein adjourned the meeting at 9:10 A.M. Rita L Taylor Town Clerk SPECIAL TOWN COMMISSION MEETING TOWN HALL COMMISSION CHAMBERS 100 SEA ROAD AGENDA TUESDAY, JULY 23, 2013 9:00 A.M. CALL TO ORDER AND ROLL CALL APPROVAL OF AGENDA III. Consideration of scheduling a closed door Attomey /Client Session regarding the cases set forth on attached Exhibit "A° at 3:30 p.m. on Wednesday, July 24, 2013, in the Town Commission Chambers, 100 Sea Road, Gulf Stream, Florida. Attomey /Client Session Attendees: Mayor Joan Orthwein; Town Commissioners Donna S. White, W. Garrett Dering, Robert Ganger and Thomas Stanley; Town Manager William H. Thrasher, Town Attorney John C. Randolph and Court Reporter from Ley & Marsaa Court Reporters, Inc. IV. ANY OTHER MATTERS V. ADJOURNMENT p:Wca113147ZO0131dcc11 gg2045.docx 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" 15t"CAFE NO. ' Judicial Circuit Palm Beach County, Florida PARTIES SUBJECT 502013CA006750XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR 4332 502013CA007609XXXXMBAA I Ryan L. Witmer vs Town of Gulf Strewn PR #005 502013CA008125XXXXMBAH Commerce Group, Inc. vs Town of Gulf Stream PR #000 502013CA008809XXXXMAAA N984AC Caravan LLC vs Town of Gul` Stream I PR #343 502013CA008701XXXXMSAA N984AC Caravan LLC vs Town of Gulf Stream PR #340 5D2013CA008594XXXXMBAG Airline Highway LLC vs Town of Gulf Stream PR #341 5020130 008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #336 502013CA008919XXXXMBAD N984AC Caravan LLC vs Town of Gul` Stream PR #351 502013CA01 1 120XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013OA011122XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR Signage 502013CA007789XXXXMBAN Joel Chandler vs Town of Gulf Stream PR # 333 502013CA01 1411 XXXXM13AJ 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 F. O'Boyle vs Town of Gulf Stream I J PR # 409 602013CA01 1421 XXXXMBAG j Martin E. O'Boyle vs Town of Gulf Stream PR #410 502013CA011423XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 411 502013CA011424XXXWBAE Martin E. O'Boyle vs Town of Gulf Stream I PR #412 502013CA006368XXXXMi3AY Martin E. O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District of Florida 13 -CIV -80530 Middlebrooks/Branncn Martin E. O'Boyle vs Town of Gulf Stream Injunction Declaratory Jud ment p:Vdo= %1 31 4 710 00 1 3tdoc%1 gq 1763. docc