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HomeMy Public PortalAbout09 11 15 MeetingMINUTES OF THE PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF OGULF STREAM ON FRIDAY, SEPTEMBER 11, 2015 AT 5:01 P.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Morgan called the meeting to order at 5:06 P.M., advising that comments from the public are limited to 3 minutes. II. Roll Call. Present and Scott W. Morgan Mayor Participating: Robert W. Ganger Vice Mayor Joan K. Orthwein Commissioner Thomas M. Stanley Commissioner Also Present & John Randolph Town Attorney Participating: William Thrasher Town Manager Rita Taylor Town Clerk Garrett Ward Police Chief Chris Davies Resident Edward Slominski Property Owner Frank Giacalone Resident Paula Marra Resident Martin O'Boyle Resident Christopher O'Hare Resident O III. Presentation of the Proposed Budget and Proposed Millage Rate for Fiscal Year 2015-2016. A. Explanation and discussion of Proposed Millage Rate as compared to the rolled back rate. The proposed millage rate was presented by Town Manager Thrasher at 5.0 mills, levied against the taxable value in the Town of Gulf Stream of $965,427,964 with the calculated rolled -back rate being 3.6335 mills. The proposed millage rate is 37.61% higher than the calculated rolled - back rate. Highlights of budgeted expenditures include one million in various capital expenditures (new street lights, updated police radios, storm drainage and paving, new water meters in Place Au Soleil), new police officer position, $600,000 added to the reserves as was suggested in a recent long term planning meeting and one million for legal fees. Mr. Thrasher stated he had compared the Gulf Stream proposed millage rate to those rates proposed by 18 other similar communities and found Othat Gulf Stream is the 3rd lowest in that group. He explained that those communities who contract fire and EMS services from the Palm Beach County Department pay for those services thru a Municipal Service Taxing Unit which assesses a millage rate of 3.4581 which is over and above the municipal operating budgets. B. Comment from the Commission and the public. Each Commissioner commented on the budget being considered and were Ounanimously in agreement with what was presented. Those from the public making comment were: Chris Davies, requesting better police communications on weekends. Town Commission Tentative Budget Hearing held on September 11, 2015 at 5:01 P.M. C� Edward Slominski encouraged settlement of law suits. Mayor Morgan took this opportunity to explain that the town had an issue with Mr. O'Boyle in 2013 that ended in litigation with the town and, in good faith, the town paid a considerable sum of money to Mr. O'Boyle for him to withdraw his law suits and his large number of public records Orequests. Almost immediately after that Mr. O'Boyle began the process of filing more law suits and public record requests, as he has done in many other places. Then Mr. O'Hare began to file law suits and make public record requests because he had some issues with the town. The Mayor read some examples of the public records requests and explained that they are of a harassing nature and require legal advise prior to a response. He pointed out that there are other types of law suits that have been brought and are pending against him and several of the other attorneys that are also being funded from the line item legal fees in the budget. Mayor Morgan pointed out that Mr. O'Boyle and Mr. O'Hare brought these cases and it is up to them to drop these cases and that he suspected the cases against them could be discontinued too. He said he had no authority to say that but if that were to happen, he would certainly recommend it. Martin O'Boyle denied that his requests are harassment and claimed it is his constitutional right and the performance of the town staff has Oimproved over the last year and a half because of his actions. Paula Marra had mixed emotions about this matter having just moved to Gulf Stream in 2013. She commented that she had to try to explain to her children what the signs meant in Mr. O'Hare's front yard and had questioned the wisdom of the RICO suit. She pointed out that from the information learned at this meeting that there was a large drop in the number of requests after RICO was filed, maybe it was the RICO. She .suggested that it is time for both sides to consider settling. O Frank Giacalone asked what started all of this and how can it be ended. Mayor Morgan advised it was when Mr. O'Boyle applied for changes to his house which were not in compliance with the code and were denied. With regard to Mr. O'Hare, he believed it was when he was denied the type of roof he was requesting that was not code compliant or perhaps when some plantings in front of his home had to be removed. In answer to the question of settlement, Commissioner Orthwein reminded that she had been involved in settling the matter with Mr. O'Boyle at which time he was paid a large sum of money and was allowed to do whatever he wanted to do to his house and in turn Mr. O'Boyle promised he would leave the town alone. 2 Town Commission Tentative Budget Hearing held on September 11, 2015 at 5:01 P.M. OIn answer to Mr. Giacalone's question, Mayor Morgan repeated that a proposal from Mr. O'Boyle and Mr. O'Hare to withdraw their law suits would most certainly be considered. Vice Mayor Ganger reminded that this is a budget meeting. Christopher O'Hare stated he had not received a dime from the town and Ostarted the public record requests when an officer trespassed on his property. He said that when he discovered that he only received a portion of the photos he had requested, his demeanor changed and that is when he began the court actions. He predicted that by next year the legal budget will double. IV. Adoption of the General Fund Tentative Millage Rate for Fiscal Year 2015-2016. Commissioner Stanley moved to adopt the General Fund Tentative Millage Rate of 5.0 mills for Fiscal Year 2015-2016 and Commissioner Orthwein seconded the motion with all voting AYE at roll call. V. Adoption of the Tentative Budget for Fiscal Year 2015-2016. A. General Fund Commissioner Stanley moved for the adoption of the Tentative Budget for the General Fund and then amended his motion to read that he moved for adoption of the Tentative Budget for the General Fund in the amount of n $5,776,085 for Fiscal Year 2015-2016. Vice Mayor Ganger seconded the / amended motion and all voted AYE at roll call. B. Enterprise Fund (Water) Commissioner Stanley moved to adopt the Tentative Budget for the Enterprise Fund for Fiscal Year 2015-2016 in the amount of $1,172,000 and Vice Mayor Ganger seconded the motion with all voting AYE at roll call. VI. Public Hearing Date for Final Adoption of Millage Rate & Budget. Vice Mayor Ganger moved to hold the Public Hearing for adoption of the final millage rate and budgets for Fiscal Year 2015-2016 on September 22, 2015 at 5:01 P.M. at the Town Hall. Commissioner Orthwein seconded the motion and all voted AYE at roll call. VII. Resolutions. A. No. 015-3; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE CTENTATIVE LEVYING OF AD VALOREM TAXES FOR THE TOWN OF GULF STREAM GENERAL FUND FOR FISCAL YEAR COMMENCING ON OCTOBER 1, 2015 AND ENDING ON SEPTEMBER 30, 2016; PROVIDING FOR AN EFFECTIVE DATE. The Clerk read by title Resolution No. 015-3. Commissioner Orthwein moved for the adoption and then amended the motion for the adoption of Resolution No. 015-3 to include that the Tentative Levying of Ad Valorem �) Taxes is based on the gross taxable value of $965,427,964. The amended 3 Town Commission Tentative Budget Hearing held on September 11, 2015 at 5:01 P.M. Omotion was seconded by Vice Mayor Ganger with all voting AYE at roll call. B. No. 015-4; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE GENERAL FUND TENTATIVE BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2015 AND ENDING ON SEPTEMBER 30, 2016; PROVIDING FOR AN EFFECTIVE DATE. OCommissioner Orthwein moved the adoption of Resolution No. 015-4 adopting the General Fund Tentative Budget in the amount of $5,776,085 and Commissioner Stanley seconded the motion with all voting AYE at roll call. C. No. 015-5; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE WATER FUND TENTATIVE BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2015 AND ENDING ON SEPTEMBER 30, 2016; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Ganger moved to adopt Resolution No. 015-5 adopting the Water Fund Tentative Budget in the amount of $1,172,000 and Commissioner Orhwein seconded the motion. All voted AYE at roll call. VIII. Adjournment. Mayor Morgan adjourned the Public Hearing at approximately 6:15 P.M 6A 1 Rita L. Taylor Town Clerk O H