HomeMy Public PortalAbout07 10 15 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 10, 2015 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.
0 The Mayor led the Pledge of Allegiance.
III. Roll Call.
Present and
Participating
Also Present &
Participating:
Scott W. Morgan
Robert W. Ganger
Joan Orthwein
Thomas M. Stanley
Donna S. White
John Randolph
William Thrasher
Rita Taylor
Garrett Ward
Danny Brannon
Richard Jones
Thomas Laudani
William Wietsma
Barbara Sloan
Patsy Randolph
Christopher O'Hare
Anthony Graziano
Edward Slominski
Barbara Whittaker
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Attorney
Town Manager
Town Clerk
Police Chief
Engineer
Architect
Seaside Builders
Architect
Town Resident
Town Resident
Town Resident
Town Resident
Town Resident
Town Resident
IV. Minutes of the Regular Meeting of June 12, 2015.
Vice Mayor Ganger moved that the minutes of June 12, 2015 be
approved as circulated and Commissioner Stanley seconded the motion with
all voting AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
The Town Clerk requested to add to the agenda as follows:
Item VIII.A.3., a letter of withdrawal related to the Martin property at
12 South Hidden Harbour Drive and Item X.D., an addition to the existing
Personnel Policy.
Attorney Randolph requested to add as Item IX.C.2.Ordinances No. 15/4
and 15/5, Code changes, lst reading;
VI. Announcements.
A. Regular Meetings and Public Hearings
1. August 14, 2015 @ 9:00 A.M.
2. September 11, 2015 @ 9:00 A.M.
3. October 9, 2015 @ 9:00 A.M.
4. November 13, 2015 @ 9:00 A.M.
5. December 11, 2015 @ 9:00 A.M.
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
Vice Mayor Ganger advised that he may possibly be absent at the August
14, 2015 Commission meeting.
B. Budget Presentation Award Received
Mayor Morgan said he was pleased to announce that the Town of Gulf
Stream has received the Government Finance Officers Association
Distinguished Budget Presentation Award for the budget year 2014 -2015
O and that the award was specifically given to Rebecca Tew. He went on to
say this was the first time the Town had submitted it's budget, policies
and procedures for review by this organization. He felt it was
remarkable, in view of everything that has been going on, that Rebecca,
who had only been here for a year, had the motivation and enthusiasm to
take our budget process and put it thru the proper procedure for
submission. Ms. Tew was introduced and received a hardy round of
applause for her accomplishment.
VII. Communication from the Public (5 min. maximum) .
Edward Slominski, a resident at 920 Indigo Point was recognized.
He asked, in light of the Court ruling on the Rico action, "what's plan
B" to which the Mayor answered that he will be commenting on that after
everyone has spoken. Mr. Slominski then asked if there had been any
communications regarding a settlement discussion in that there had been
almost a million dollars invested in this effort so far. Mayor Morgan
said there had been a communication yesterday from Mr. O'Boyle and went
on to say that the just under one million dollars spent was not just on
the Rico action but included all of the more than 43 law suits and
public records related actions. Mr. Slominski said he was pleased to
hear that Mr. O'Boyle had come forward with a settlement offer, adding
that he understood that Mr. O'Boyle had made settlement offers before
and they had been dismissed out of hand. Mayor Morgan said that was not
true, he has never come forward with a settlement offer, just
generalized inquires. Mr. Slominski said some residents, including
himself, are talking about going to the Inspector General in the County
and having what has been done assessed and evaluated with a
recommendation that a Special Master be appointed. Mayor Morgan thanked
him for his comments.
Mr. O'Hare was recognized and asked if public comment would be allowed
when the budget is presented and was told there would be that
opportunity. He then asked if this would be the first reading of the two
ordinances that are being added to the agenda and was told that it is
the first reading. Mr. O'Hare said he wished there had been more notice
of these ordinances coming forward so residents from Place Au Soleil
would have had more opportunity to speak about them as some may not be
present to speak at the second reading in August.
Barbara Whittaker, Town Resident and representative from the Gulf Stream
Civic Association, was recognized and the Town Clerk distributed copies
of a proposed renovation of the existing fountain area in front of Town
Hall, along with an estimate of proposed work.
2
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
Ms. Whittaker explained that the Civic Association, each year, asks the
Town Hall and the Police Department for suggestions as to what could be
done to beautify the town and also to make it safer. She went on to say
that this year it was suggested that the front of the town hall could be
greatly improved by remodeling the fountain area. She reported that they
thought that to be a worthwhile project and she contacted Mr. Williams
^ of Nievera- Williams Design. Calling attention to the preliminary design
�} that was distributed, she said they did not favor that particular
fountain but did like the urn and a different fountain could be
selected. In addition, the concrete on the ground that has many broken
and cracked tiles would be replaced with plantings and flowers, the
walls that are breaking up would be replaced and new palm tree lighting,
the existing having deteriorated, would be installed. Calling attention
to the cost estimates, she said the design and reconstruction of the
Area is $26,479.90 and an additional amount of $3,444.00 for the
lighting for a total of $29,923.90. Mrs. Whittaker reported that the
Civic Association has allocated $20,000 toward this project and they are
asking if the Town will pay the balance for this project.
Mayor Morgan said they will place this in their packets and reflect upon
it, then possibly bring it up at the next meeting. He then asked if
there are any questions at this time.
Commissioner Ganger asked if it was the consensus of the residents that
this looks so terrible as it does not look that bad to him to which Ms.
Whittaker replied that it is all falling apart. Commissioner Ganger then
asked if it is a safety hazard and if it had been installed when the
building was constructed. It was stated that it is not a safety hazard
and Commissioner Orthwein confirmed that it was constructed along with
the building and is probably time it has an upgrade. Commissioner Ganger
suggested that perhaps this project should be included with the planning
of a possible building expansion.
Mayor Morgan directed that this matter be placed on a future agenda.
Tony Graziano, town resident, was recognized and said that he was a
strong supporter of the Rico action and was disappointed at the judges
decision. He was pleased to hear there is a "Plan B" and was sure there
are a vast number of constituents that will support whatever Plan B may
be. He reminded that a veiled threat was made earlier to bring in the
County Inspector General to limit the Town's ability to push back with a
u Plan B and said that the Inspector General would find out that the vast
majority of the citizens support you. He closed by saying "please keep
up the good work ".
VIII. PUBLIC HEARING
Mayor Morgan asked if there had been any ex -parte and there was
none. He then requested that anyone who intended to speak at any time
during the public hearing to please stand and be sworn.
9
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
Those receiving the Oath were: Richard Jones, William Wietsma, Thomas
Laudani, Dave Bodker, Paul Engle and Christopher O'Hare.
A. Applications for Development Approval
1. An application submitted by Thomas Laudani, Seaside
Builders, as Agent for Mr.& Mrs. James Cacioppo, the
owners of property located at 3140 Polo Drive, Gulf
^ Stream, Florida, which is legally described as the south
�) 96.89 ft. of Lot 6 and all of Lot 7, Re -plat of Polo Cove
Subdivision.
Richard Jones, Architect for this project displayed a survey of the
property, reminding that the Commission had seen this before when he had
appeared asking to adjust the property lines between these properties.
He explained that this is a partial 2 -story house with a 4 bay garage,
one for a golf cart, a circular driveway in the front and a driveway and
motor court along the north side in front of the garage which does not
face the street. He said there will be a large pool in the back and the
entire property will be heavily landscaped with a large open area in the
rear that will provide a full view of the Intracoastal Waterway. Mr.
Jones stated the home is a Georgian style white on white with very dark
blue shutters and white flat tile roof, and the majority of the house is
single story with ample ceiling heights and a minimal second story that
is only 22' in width facing the right -of -way with a front balcony to
break down the mass. He said the second floor faces the neighbor to the
north and that property is also owned by Mr. Cacioppo.
Commissioner Ganger asked if there are plans to build on the north lot
to which Mr. Jones replied that plans for that home will be coming
before them within the next few months and will be a home for the in-
laws. He said the house will be of a different style and will face Palm
Way.
Mayor Morgan asked if there had been any comments from neighbors and the
Town Clerk reported that the neighbor to the south had called and asked
for an explanation of the Special Exceptions that are being requested
and after receiving an explanation, he stated he had no objections.
Commissioner Orthwein asked if both houses would be built at the same
time and was advised that is the plan.
Commissioner Ganger asked for an explanation regarding the demolition
request and was advised by Mr. Laudani that the one existing house
extends across the new property line that was established as a result of
the recent re- platting and construction of this new house cannot move
forward until the existing house is removed. It was determined during
discussion that the demolition approval include the entire house and
that a condition be attached that within 2 weeks after demolition, the
owner shall sod, irrigate and maintain the vacant property.
Commissioner Ganger commented that the design of the house complies with
what the Town is trying to achieve with regard to massing and
n
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
controlling the placement and size of the second stories and the other
Commissioners agreed.
Commissioner White asked what the north side setback measures and Mr.
Jones said it is 4618 ".
Commissioner Ganger asked Mr. Jones to confirm the finished floor
elevation and he said it is 8.5'.
O
a. Demolition Permit to remove existing structures.
Commissioner Orthwein moved to approve the demolition permit with the
condition that the lot at 3180 Polo Drive be sodded and irrigated within
2 weeks of the demolition of the existing house and be maintained until
such time as construction of a new house on that property commences.
Commissioner White seconded the motion and all voted AYE at roll call.
b. Special Exception #1 to permit a 30 ft. rear setback.
Commissioner Orthwein moved to approve a Special Exception to permit a
30' waterfront rear setback as allowed by Section 70- 75(j)(1) and the
motion was seconded by Commissioner Stanley. All voted AYE at roll call.
c. Special Exception #2 to permit 238 sq. ft. of covered,
unenclosed area that exceeds the maximum permitted
floor area ratio.
Commissioner Orthwein moved and Commissioner White seconded to approve a
Special Exception to allow 238 square feet of covered, unenclosed area
that exceeds the maximum floor area ratio (Section 70- 72(b)(2))and all
voted AYE at roll call.
d. Level 3 Architectural /Site Plan Review to permit
construction of a partial two -story 8,560 square foot
Georgian style single family dwelling with 4 car
garage and a swimming pool.
Commissioner Orthwein moved to approve a Level 3 Architectural /Site Plan
to permit construction of a partial 2 story single family Georgian style
dwelling with attached 3 car garage and small golf cart storage,
consisting of 8,560 square feet and a swimming pool with the following
conditions: 1) Prior to the issuance of a certificate of occupancy, the
owner of the property shall prepare and record a deed restriction which
shall provide that all roof projection areas shall remain unenclosed as
per approval of the special exception for as long as the structure is in
existence or exceeds the maximum FAR. 2) The electric service and
utility lines shall be buried. 3) 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.
Commissioner Ganger seconded the motion and all voted AYE at roll call.
2. An application submitted by William Wietsma, Architect, as
agent for Danburg Hansen LLC, owner of property located at
540 Middle Road, Gulf Stream, Florida 33483, legally
descried as Lot 16 and west 50' of Lot 17, Gulf Stream
Cove Subdivision.
Mr. Wietsma explained that the existing covered patio in the rear of the
house is only 8' wide which is not large enough to accommodate the
outdoor living style that the Hansen family enjoys. He said they are
5
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
proposing to extend the existing another 8' which will give a 16' wide
patio but in order to do this, the existing will have to be removed and
then rebuild the desired 16' area.
a. Special Exception to allow 247 sq. ft. of covered,
unenclosed area that exceeds the maximum permitted
Floor Area Ratio.
O Commissioner Orthwein moved to approve a Special Exception to allow 247
square feet of covered, unenclosed area that exceeds the maximum
permitted Floor Area Ratio and Commissioner White seconded the motion
with all voting AYE at roll call.
b. Level 3 Architectural /Site Plan Review to permit the
addition of a new single story loggia on an existing
single family Gulf Stream Bermuda two -story dwelling.
Commissioner Orthwein moved to approve a Level 3 Architectural /Site Plan
based on a finding that the proposed addition of a new single story
loggia on an existing single family Gulf Stream Bermuda two -story
dwelling meets the minimum intent of the Design Manual and applicable
review standards with the following condition: Prior to the issuance of
a certificate of occupancy, the owner of the property shall prepare and
record a deed restriction which shall provide that all roof projection
areas shall remain unenclosed as per approval of the special exception
for as long as the structure is in existence or exceeds the maximum FAR.
Commissioner Ganger seconded the motion and all voted AYE at roll call.
3. Letter of withdrawal RE: Martin property @ 12 S. Hidden
Harbour Drive.
Mr. Wietsma, as Agent for Mr.& Mrs. William Martin, read his letter
requesting that the approval that was given on June 12, 2015 for
development of their property at 12 S. Hidden Harbour Dr. be amended to
exclude the proposed portion of the project that included the removal of
invasive landscape species and replacement with native trees and plants
along with other minor improvements and debris removal on Town owned
property adjacent to the south property line of the Martin property. The
Martins wish not to include any property outside of the boundaries of
their fee simple lot as part of the approved application.
Attorney Randolph suggested that a motion to reconsider be made by
someone on the prevailing side of the approval of the original
application and a second motion be made to approve the application for
the improvements solely on the Martin property, excluding any part of
the application which related to the Conservation Area.
Commissioner Ganger explained the previous application and subsequent
approval that was given in June for those in the audience that had not
attended the June meeting.
Mr. O'Hare requested to be heard and said he recommend a vote to approve
this request but pointed out that the Tropical Almond trees that
reached the height of 40' are not invasive and the Areca Palms are not
native. In addition he said that the Code requires that if anything is
done on a lot, all of the invasive plants would have to be removed. He
C
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
was hopeful that when the budget was free of some of the expense some
money could be spent on this neglected conservation area.
Mayor Morgan in clarification asked if he meant the Town should spend
money rather than accepting this gift that was offered. Mr. O'Hare said
he was referring to the entire property.
OMayor Morgan said that Mr. Wietsma was giving a benefit to the town by
giving a clean access to the seawall to better protect it and save the
town money in the future because the last time the town was not able
to access it, the seawall became degenerated and cost quite a bit of
money. He saw this offer as a reasonable effort to work with neighbors
to preserve this area at no cost to the town.
Commissioner Stanley moved to reconsider the project application for 12
S. Hidden Harbour Drive and Commissioner Orthwein seconded the motion
with all voting AYE at roll call.
Commissioner Orthwein moved to approve the previous application
excluding the Conservation area and limiting that application just to
the fee simple Martin property. Commissioner Ganger seconded the motion
and all voted AYE at roll call.
IX. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
Mr. Brannon reported that Comcast and AT &T are still working to get
their lines off the poles in Phase 1 and that FP &L have returned their
red line drawings to comply with our drawings and are in the process of
correcting their drawings. He said the sample street light was to
previously be removed and sent back but there was some type of mix up
and they are supposed to remove it today and make the changes that were
requested. He further said that they are still in the process of
obtaining easements but they do not expect that to be a big issue. Mr.
Brannon reported that the Town of Palm Beach had a meeting of the
Underground Utility Task Force and that he, Commissioner Ganger and Mr.
Thrasher had been invited to speak. He asked Mr. Ganger to comment.
Commissioner Ganger said that Palm Beach is discussing an undergrounding
plan for the entire town, an 80 million dollar project. He also said
that Mr. Thrasher gave a very eloquent speech on patience and that he
heard some of the task force comment on how helpful it was to hear from
a Town Manager regarding this type of project.
Barbara Sloan, 3860 Bermuda Lane, was recognized and commented that she
hoped that Gulf Stream did not get lost in the shadow of the Palm Beach
project since our project is not yet completed.
Mr. Brannon said that the Palm Beach project would span 10 years and
that there are plenty of contractors that are qualified to do this work
but we would both be depending Comcast and AT &T. He did not believe
7
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
there to be a conflict as the timing of our project is ahead of Palm
Beach. He expects our project to be completed by the end of 2016 or
during the first quarter of 2017.
B. Town Manager
There was no report.
C. Architectural Review & Planning Board
1. Meeting Dates
CJ a. July 23, 2015 @ 8:30 A.M.
b. September 24, 2015 @ 8:30 A.M.
c. October 22, 2015 @ 8:30 A.M.
d. November 19, 2015 @ 8:30 A.M.
e. December 17, 2015 @ 8:30 A.M.
2. Recommended Code changes from ARPB
a. Ordinance No. 15/4: AN ORDINANCE OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, PALM
BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE
OF ORDINANCES AT CHAPTER 66, ZONING, ARTICLE
I, IN GENERAL, SECTION 66 -1, DEFINITIONS, TO
INCLUDE DEFINITIONS OF "ENTABLATURE", "HARDSCAPE"
AND "OPEN FRONT LAWNS "; AMENDING ARTICLE VI,
DISTRICT REGULATIONS, DIVISION 4, OR- OUTDOOR
RECREATIONAL DISTRICT, SECTION 66 -258, MAXIMUM
FINISHED FLOOR ELEVATION; AMENDING ARTICLE VII,
NORTH OCEAN BOULEVARD OVERLAY DISTRICT, SECTION
66 -321, CREATION; PROVIDING FOR SEVERABILITY,
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE. (First Reading)
The Mayor asked for comments from the Commission and there were none. He
then asked for comments from the Public and Mr. O'Hare was recognized.
Mr. O'Hare noted that this had been added to the agenda and he
questioned the legally of having a first reading without it having been
published. He further noted that this gives interested parties only one
meeting for them to comment. He said there are issues here that need
discussing and he would do the best he could to do that since he didn't
know if he would attend the August meeting. He entered a complaint that
the Ordinance was added to the agenda. He questioned if the description
of "open front lawns" means that 75% of the front property line shall
not have plant material taller than 3 feet and the remaining 25% may
have taller material. Attorney Randolph said this is true and it applies
to future plantings, not what is currently in place. He also said, in
answer to a question from Mr. O'Hare, that this applies to the entire
front lawn, right up to the house, not just along the front property
line.
Commissioner Ganger asked if the portion of the Ordinance related to
finished floor elevation was mandated by FEMA and was advised that it is
from FEMA and is establishing a maximum NAVD elevation that replaces the
NGVD elevation.
P9
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
Commissioner Ganger moved that Ordinance No. 15/4 be adopted on first
reading and Commissioner Orthwein seconded the motion with all voting
AYE at roll call.
b.
Ordinance No. 15/5: AN ORDINANCE OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, PALM
BEACH COUNTY FLORIDA, AMENDING THE TOWN CODE OF
O
ORDINANCES AT CHAPTER 70, GULF STREAM DESIGN
MANUAL; AT ARTICLE VIII, SUPPLEMENTAL DEVELOPMENT
REGULATIONS; SECTION 70 -268, FRONT YARD
ACCOUTREMENTS, SO AS TO DELETE THE REFERENCE TO
OBJECTS D'ART VISIBLE FROM THE STREET; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
(First Reading)
There were no comments
or questions regarding this Ordinance and
Commissioner Orthwein
moved to approve Ordinance No. 15/5 on first
reading. Commissioner
White seconded the motion and all voted AYE at
roll call.
The Town Clerk announced that both of these Ordinances will be available
for second reading at the August 14, 2015 meeting to be held at 9:00
A.M. and Attorney Randolph asked for a motion to schedule second reading
at that time.
Commissioner Orthwein moved that Ordinances Number 15/4 and 15/5 be
placed for second reading and adoption on the agenda for the meeting
that will be held on August 14, 2015 at 9:00 A.M. Commissioner White
seconded the motion and all voted AYE at roll call.
D. Finance Director
1. Financial Report for June 2015
Town Manager Thrasher called attention to the Financial Report and
stated that he will answer any questions. There were no questions and
Mayor Morgan declared the report accepted as presented.
E. Police Chief
1. Activity for June 2015
Chief Ward asked that the June report be accepted as circulated, absent
of any questions. Mayor Morgan declared the report accepted as
submitted.
X. Items for Commission Action.
A. Continuation of Agreement: Overhead Utility Undergrounding
Project Management & Engineering Consulting Services - Brannon &
Gillespie LLC.
Attorney Randolph advised that the date of July 10, 2016 that has been
inserted in the agreement should be changed to read July 10, 2017.
Commissioner Ganger moved to approve the Continuation Agreement for the
Overhead Utility Undergrounding as amended and to authorize the Town
Manager to execute the Agreement. Commissioner Orthwein seconded the
E
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
motion with all voting AYE at roll call.
B. Presentation of Proposed Budget for Fiscal Year 2015 -2016
1. Budget Consideration
Town Manager Thrasher explained that this is the Proposed Budget and
will move ahead to a Tentative Budget for consideration at the September
meeting. He said this is a balanced budget with revenues and
Oexpenditures being $5,773,833 and it has been prepared based on the
property appraisers certified taxable value of approximately 965 million
dollars which is an increase of approximately 10.6 %. The Town Manager
advised that his budget includes salary increases of 3% and there are
increases proposed for the Deputy Clerk and the Accountant. He pointed
out that the contract with Delray Beach has increased by 5% under the
terms of the contract. Mr. Thrasher said that the current millage rate
is 3.9000, the rolled back millage rate is 3.6335 and the proposed
millage rate for 2015 -2016 fiscal year is 5.0000, 37.61% higher than the
rolled back rate. He pointed out that the legal fees are estimated to be
one million dollars, which is reflected in this document and the
estimated Build to Reserves is $672,455. In answer to a question from
Vice Mayor Ganger, he said this would bring the estimated Fund Balance
to $1,752,350. The Town Manager called attention to two new line items
in the budget that the auditor directed be added. This is to account for
the revenue that is paid to the City of Delray Beach for building
permits and subsequent inspections within Gulf Stream. This amount is
$280,000. Mr. Thrasher said that the town is out - sourcing 1.5 million
dollars to the City of Delray Beach, or approximately 25% of the total
General Fund Revenue.
2. 2014 -2015 Millage Rate
Mr. Thrasher stated that the current fiscal year's millage is 3.9000.
With regard to the Utility Fund, he requested a water rate increase of
4% and a $30 Reserve Billing Charge increase every billing cycle,
bringing the estimated Build to Reserves to $132,000.
In reply to a question from Vice Mayor Ganger, Mr. Thrasher said he has
included $25,000 toward the cost of a Barrier Island Fire District
study in this proposed budget.
Commissioner White asked if the 4% water increase was in addition to the
doubling of the reserves and is the 4% passed on from Delray. Mr.
Thrasher replied that as of this time there has been no information from
Delray and it will be a source of revenue with the reserve portion being
.� placed in the special reserve fund and the remainder shown as revenue
keeping in mind that at the end of the year, whatever the difference is
between the revenue and the expenditures will be posted in the Fund
Balance with the purpose of building the reserves.
Mr. O'Hare was recognized and said that a little over 2 years ago he
read an email to Barron Signs in which it was implied that Mr. Thrasher
would be retiring in the spring of 2015 and he wondered if there should
be a line item in the budget to cover a search for a Town Manager. He
10
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
went on to say that the million dollar line item for legal fees is a
burden on the home owners paying the taxes and he suggested that it only
takes 3 Commissioners to change the direction the town is heading. He
went on to say if the town has a "Plan B" after the Rico, that is
distressing to hear but he is prepared to face it. He thought that the 3
Commissioners that appear to be the most even minded "consider it might
Gbe time to step in and have a shade meeting and invite litigants to sit
down and work it out and avoid the million dollar legal fee. There's so
many things on the table this town could use between public access to
the Conservation District, a park perhaps for residents who don't happen
to belong to the expensive and very exclusive clubs. There is just such
better use for the money. I have no doubt that Jones, Foster, connected,
super intelligent, creative could come up with all sorts of ways to put
the screws to somebody but it just seems like it's time to make the ship
turn another direction."
Mayor Morgan asked Mr. O'Hare why he didn't dismiss all of his law
Suits and Mr. O'Hare replied he would love to do that. Mayor Morgan
replied that if he would love to withdraw his law suits, he would like
for him to say that right now and Mr. O'Hare said that his wife would
like to hear that along with a lot of other people. The Mayor suggested
he give that some thought, adding he believed the entire town would like
that as well.
Mr. O'Hare, responding to that said "I know there's a lot of ego
involved in law suits, certainly a lot involved in the Rico but some of
us feel an obligation to do the right thing not for just us. I don't
mean to sound like Don Quixote but there are democratic principals at
stake and the only way it seems to get those principals on line is by
redress to the courts, for a judge to actually step in and say this is
how this should be settled and I'm leaving it to them now ".
Mayor Morgan replied, "having us pay you money would be helpful to that
democratic principal ".
Mr. O'Hare said "There is so much more involved than money, I can't
reduce it to just that but we're talking about the budget and I just
wanted to say there is an opportunity with 3 Commissioners to step in
and decide we can do something different ".
Mayor Morgan thanked Mr. O'Hare for that point and asked if there was
any other comment. There being none he asked for motions on the
remaining four budget items.
3. Proposed Millage for Fiscal Year 2015 -2016
Commissioner Orthwein moved that the proposed millage rate for Fiscal
Year 2015 -2016 be 5.0000 mills and Vice Mayor Ganger seconded the
motion. All voted AYE at roll call.
4. Certification of Rolled Back Millage Rate
Vice Mayor Ganger moved to certify the Calculated Rolled Back rate is
3.6335 and Commissioner Orthwein seconded the motion with all voting AYE
11
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
at roll call.
5. Date of First Public Hearing- Tentative Budget Adoption
Vice Mayor Ganger moved to hold the Tentative Budget Hearing on
September 11, 2015 at 5:01 P.M. and Commissioner Orthwein seconded the
motion. All voted AYE at the roll call.
6. Date of Second Public Hearing -Final Budget Adoption
OCommissioner Ganger moved that the Public Hearing for Final Budget
Adoption be held on September 22, 2015 at 5:01 P.M. Commissioner
Orthwein seconded the motion with all voting AYE at the roll call.
The Town Clerk suggested that there be a motion to hold the Regular
Meeting of September 11, 2015 at 9:00 P.M rather than at the usual time
of 9:00 A.M.
Commissioner Orthwein moved and Commissioner Ganger seconded that the
Regular Meeting of September 11, 2019 be held at 9:00 P.M. and all voted
AYE at roll call.
C. Items by Mayor and Commissioners
There were no items from any of the Commissioners but Mayor
Morgan said he had a few comments to make about a subject that is on
every ones mind, the Rico action. Those comments are as follows:
"There should be no misunderstanding of the Rico decision. The judge did
not condone, he did not excuse the sort of behavior the town has been
suffering. Instead, he said that the behavior, in his opinion, did not
rise to the level of racketeering under the Federal Statute. The judge
is a trial judge. Trial judges do not make law, they try to adopt
whatever law is in existence and fit it to the facts before them. And,
that's what this judge tried to do. This is a case of first impression.
That means there is no other case like this, not in Florida, not in the
entire United States. This is a case of first impression that
individuals using requests and litigation and threats to intimidate and
to extort by means of misleading and fraudulent behavior. Money and
changes and actions from municipalities rises to the level of Rico
racketeering. Our lawyers recommended that we appeal that decision to
get to appellate courts where such law is expanded, where the Rico law
could be more fully addressed to these facts under first impression. The
trial judge suggested in his opinion these cases move forward in State
court and I think you all know it, but I will repeat it. We have not put
all eggs in the Rico basket. Our defenses and our actions have been
ongoing in the State cases, pre- dating the Rico action where we have had
success. We will continue those actions. The allegations in the Rico
action, although a class action addressing many other municipalities and
contractors are in their essence the same allegations we make in the
State cases. So, I want there to be no misunderstanding, whether it's in
State court or whether it's in Federal court, or whether it's in State
or Federal court, both of them, these people will be held to account for
their actions should those cases not be withdrawn and a resolution met
to prevent that from happening.
12
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
A couple of days ago I received a letter from Martin O'Boyle to me, not
from counsel but from him to me, requesting a sit down to discuss
settlement of the actions. Of course I have given it to our counsel and
I think a review of history is important. We've done this before with
Mr. O'Boyle. It cost the town an awful lot of money and embarrassment.
Immediately after settling with Mr. O'Boyle the last time he did this he
O immediately turned around and began the law suits again and expanded his
scheme to include other people and other lawyers and other cases and
runners across the State. And so, if we raise an eyebrow at these sorts
of letters, you can understand. But, we didn't just stop there. We've
met with Mr. O'Boyle before, similarily, getting together as, I forget
the gentleman's name, but as he suggested that we just sit down and
talk, that's how you begin settlement negotiations. Well, we tried that
and that turned into threats and banners and more litigation. And so, a
correct way to settle cases is where the attorneys for a party making
proposal of settlement to the attorneys to the other party. And, if such
were to come in we would certainly give it consideration. But, until
such resolution occurs, where these cases are all withdrawn and this
town is protected, these cases in State court and Federal court will
continue. Any other comments ?"
Attorney Randolph asked Mayor Morgan if he is requiring a motion to
authorize the appeal of the Rico act to which the Mayor stated he didn't
believe it necessary but would happy to do it if it is felt necessary.
He then asked if there is any discussion on the appeal of the Rico
action.
Commission Orthwein said no, that she fully supports his taking charge
of this and that he is handling it the right way. She believed that with
the history in this matter the town could never settle again.
Commissioner Ganger said, Amen!
Patsy Randolph, a town resident, was recognized and remarked to the
Mayor that he made the residents very proud and they do support him.
She was hopeful that his remarks would be put into a letter to the
residents so they will fully understand all of the ramifications that he
had just explained.
Mr. Graziano spoke in support of the Mayor's action with regard to the
Rico action and said that the residents are also in support. With regard
to settling the current actions, he believed if this were to be done,
there is no way to prevent them from bringing a new series of actions
the next day.
Mayor Morgan said that the lawyers are discussing whether or not
something could be written in to prevent that.
Mr. Graziano said he understood there is a State Rico action and that
perhaps the State courts would be a little more understanding of a local
13
Minutes of Town Commission
Regular Meeting & Public
Hearing July 10, 2015 @ 9 a.m.
municipality being held captive by these kinds of actions than would the
Federal courts to which Mayor Morgan said this is being looked at.
Christopher O'Hare believed that Federal court trumps State court and
reminded that there is a U.S. and a State constitution and local
ordinances. He believed it would be a folly to now file the Rico in
O State court and spend more money. He stated that all the appellate court
does is review the actions of the first judge. He said he can see the
millage rate going to 7.5 %. He questioned if it is wise to spend all of
this money and he recommended that, if Jones, Foster & Mr. Richman
recommend an appeal, the town should seek other opinions as this is his
money too.
N
Mayor Morgan thanked Mr. O'Hare for his legal advise and said there is
not a Plan A and Plan B, this is all trying to defend the town from his
actions as he is part of this conspiracy to harm the residents and the
town and create a high millage rate. The Mayor pointed out that the
expenses that are being incurred and the diminishing reserves are all on
Mr. O'Hare.
Mr. O'Hare reminded of all the money that has been spent on
undergrounding and said he took umbrage at putting all the blame on him
to which the Mayor replied that he could share it with O'Boyle.
Commissioner Orthwein moved to go forward with the appeal of the Rico
action and Vice Mayor Ganger seconded with all voting AYE at roll call.
D. Change to the Town's Personnel Policy
The Town Manager advised that it is required that the Personnel Policy
include a section that directs employees how and where to report any
wrongdoing and he requested that Commission authorize this addition be
included in the Personnel Policy.
Commissioner Stanley moved to include the "Reporting Wrongdoing" section
to the Personnel Policy and Commissioner Orthwein seconded the motion
with all voting AYE at roll call.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 11:00 A.M.
Rita L. Taylor
Town Clerk
14