HomeMy Public PortalAboutPRR 15-2043From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.comj
Sent: Thursday, November 05, 2015 9:46 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Public Record Request- Alexander, Watkins allegations
Dear Custodian of Records,
This email is a singular request for a public record. Please respond to this public record request in a singular manner and
do not combine this public record request with any other public record requests when responding.
Before making this public record request, I first searched the public records portion of your agency's website hoping I
could locate the public record I seek without having to trouble you for it. Unfortunately 1 can not find the records I wish to
examine.
Attached is the title page of the published Code of Ordinances for the Town of Gulf Stream
Florida (copied from the Town's web site). Please note that this title page contains a section
labeled CURRENT OFFICIALS of the TOWN OF GULF STREAM, FLORIDA, and
under this heading John C. Randolph is identified as Town Attorney. Please provide any
public record documenting where the Town Commission by a majority vote, or anyone
officially designated by the Town Commission to act on their behalf, has authorized the
entire law firm of Jones, Foster, Johnston & Stubbs, as an entity, to be the Town
Attorney instead of the individual John C. Randolph as claimed on the attached Town's
published code of ordinances.
Any public record, other than billing records and notices of billing rate
increases, that would document, substantiate, support or in any way be related to
the statement
by Larry Alexander, Chairman and President of Jones, Foster, Johnston &
Stubbs, made
to the Florida COMMISSION ON ETHICS regarding complaint no. 15-001 that his
entire law firm (Jones, Foster, Johnston & Stubbs), and not the respondent
individually (John C. Randolph), serves as the Town Attorney for the Town of Gulf
Stream.
Any public record that would document, substantiate, support or in any way be
related to the statement made by Scott Watkins, of Jones, Foster, Johnston &
Stubbs, to the Florida COMMISSION ON ETHICS during the hearing of complaint
no. 15-001, that there is a contract between the Town and the entire law firm
of Jones, Foster, Johnston & Stubbs, other than billing records and notices of
billing rate increases, to serve as Town Attorney.
Any contract THAT INCLUDES PROVISIONS that anyone or everyone at Jones,
Foster, Johnston & Stubbs is authorized or mandated to complete legal services
for the Town of Gulf Stream.
I make this request pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119 of the
Florida Statutes.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure
please cite the specific exemption as required by § I19.07(1)(e) of the Florida Statutes and state in writing and with
particularity the basis for your conclusions as required by § 119.07(1)(f) of the Florida Statutes.
Please take note of 4119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge
receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to
determine from other officers or employees within the agency whether such a record exists and, ifso, the location at
which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of
records that may be responsive to this public records request to preserve all such records on an immediate basis.
If the public records being sought are maintained by your agency in an electronic format please produce the records
in the original electronic format in which they were created or received. See §119.01(2)(fl. Florida Statutes.
Please provide only those records for inspection that do not require extensive use of information technologies or
extensive staff time or both in excess of 15 minutes. Please take note of § 119.07(4)(a)3.(d) Florida Statues and if
you anticipate that any records exist, the production for inspection of which will require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes, then please advise me of the cost
you anticipate to be incurred by your agency prior to incurring this cost. Please do not incur any costs on my behalf
without fust obtaining my written authorization to proceed.
If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these
public records which would exceed $1.00 please notify me in advance of your incurring that cost with a written
estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or
records, as well as to distinguish the cost of labor and materials. Again, please do not incur any costs on my behalf
without first obtaining my written authorization to proceed.
I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes.
Please provide for my inspection the requested records within ten (10) days of your receipt of this request. All
responses to this public records request should be made in writing to the following email address:
chrisohareaulfstream(a) email.com
11/5/2015 CODE OF ORDINANCES TOM OF GULF STREAM, FLORIDA i Code of Ordinances I Gulf Stream, FL i Municode Library
CODE OF ORDINANCES TOWN OF GULF STREAM,
FLORIDA
Republished by Order of the Town Commission
Adopted: June 4, 1999
Effective: June 4, 1999
i,
muncode
\ Municipal Code Corporation • PO Box 2235 Tallahassee, FL 32316
info@municode.com • 800.262.2633
fax850.575.8852 • www.municode.com
CURRENT OFFICIALS
of the
TOWN OF
GULF STREAM, FLORIDA
Joan K. Orthwein
Mayor
Muriel J. Anderson
W. Garrett Dering
Robert W. Ganger
Thomas M. Stanley
Town Commission
William H. Thrasher
Town Mana1?er
Mips:/Aw .municode.conVIibrarp'A/gulf streamtcodes/code_of ordinances?nodeld=CD_ORD_TOwN_GULF_STREAM_FLORIDA 2110
11/5/2015 CODE OF ORDINANCES TOVMJ OF GULF STREAM, FLORIDA I Code of Ordinances I Gulf Stream, FL I Municode Library
John C. Randolph
Town Attorney
Rita L. Taylor
Town Clerk
GarrettJ. Ward
Police Chief
PREFACE
This Code constitutes a complete republication of the general and permanent
ordinances of the Town of Gulf Stream, Florida.
Source materials used in the preparation of the Code were the 1978 Code, as
supplemented through March 10, 2000, and ordinances subsequently adopted by the
town commission through September 5, 2008. The source of each section is included in
the history note appearing in parentheses at the end thereof. The absence of such a
note indicates that the section is new and was adopted for the first time with the
adoption of the Code. By use of the comparative tables appearing in the back of this
Code, the reader can locate any section of the 1978 Code, as supplemented, and any
subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order,
and the various sections within each chapter have been catchlined to facilitate usage.
Notes which tie related sections of the Code together and which refer to relevant state
law have been included. A table listing the state law citations and setting forth their
location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system
used in many state and local government codes. Each section number consists of two
parts separated by a dash. The figure before the dash refers to the chapter number,
and the figure after the dash refers to the position of the section within the chapter.
Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter
4 is 4-1. Under this system, each section is identified with its chapter, and at the same
time new sections or even whole chapters can be inserted in their proper place by
using the decimal system for amendments. For example, if new material consisting of
one section that would logically come between sections 3-1 and 3-2 is desired to be
added, such new section would be numbered 3-1.5. New chapters may be included by
using one of the reserved chapter numbers. Care should be taken that the alphabetical
�rr�nncment of rh mento rr ie nn,A, Kln,s, nnrl
Mtps:/Mww.nwdcode.comlibrarVR/g Jf streanVcocles/code_of acinances?nodeld=CD_0RD TONTI GULF STREAM_FLORIDA 3110
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
MICHAEL O, O'NEIL, Swr"vy
Post Office Box 22838
Fort Lauderdale, Florida 33315
July P9, 1969
Section 93060 - State .Road AlA
Resolutions - Palm Beach County
Secondary
Mr. Henry F. Lilienthal, Attorney
Johnston, Lilienthal & Johnston
Post Office Box 48
West Palm Beach,Florida 33402
Dear Mr. Lilienthal:
We wish to thank you for submitting &.copy of a resolution as
adopted by the Town of Gulf Stream, in regard to their desire
that State Road AlA not be widened in the area of their muni-
cipality.
7 '
As you are probably aware, an ever-increasing population growth
in the State of Florida requires the,construction of additional
highways, and the upgrading of existing.facilities. We can
certainly agree that considerable study should be made prior to
serious consideration of four-laning State Road AIA in the area
of Cuff Stream.
We have no plans at the present time to four -.lane this section
of State Road AlA in our current Five -Year Primary Road Program.
However, in a recent study prepared by the Department, the fovr-
laning of State Road AIA throughout Palm.Beach County has been
recommended. This 16 -year program (1969-1985) was presented to
the last session of the Legislature, but was not adopted or fends
provided.
COMMISSION MEETING
March 13, 1970
Present: Mayor William F. Koch, Jr.
Vice -Mayor Stewart S. Iglehart
Commissioner John G. Hart
Commissioner J. Phil Hoyle
Also attending: Richard F. Ward, Marry Johnston, Roy Cowart and
Kathleen Kirton.
Mayor Koch called the meeting to order. Mr. Hart moved that the
minutes of the meeting held on February 13, 1970 be approved as
written and the reading of these minutes be waived. Mr. Iglehart
seconded the motion. Motion passed.
Mr. Hart moved that the Financial Report for February, 1970 be
approved as written and all expenses included in the report be
approved. :Mr. Iglehart seconded the motion. Motion passed.
Police reports for February were read.
Mayor Koch reported receiving complaints concerning drainage in the
Town. It was agreed that the Town's policy remain that the Town will
have no financial responsibility .in regard to drainage.
The Town. Clerk reported that Police Sgt. G.M. Partin was retiring
as of .March 15, 1970 and had served approximately 14 years with the
Town. There was discussion concerning financial consideration to
be given Sgt. Partin in recognition of his faithful and loyal service
to the Town. Mr. Iglehart suggested $500.00 a year for three years.
After further discussion, Mr. Hart moved that Sgt. Partin be paid
s2f000.00 with payments to be in sums of $500.00 yearly. Mr. Iglehart
seconded the motion. Motion passed.
There being no further business
the meeting was adjourned.
ATTEST:
to come before the Commission,
Present:
Also attending:
CONKISSION h<EGTING
I;ay 8, 1970
Mayor
Commissioner
Commissioner
Commissioner
William F. Koch, Jr.
John G. Hart
J. Phil Hoyle
William S. LaPorte
Richard F. Ward, Harry Johnston, Gordon Nagle and
Kathleen Kirton.
Mayor Koch called the meeting to order and announced the Commission
would deviate from the regular order of business in order to hear
Mr. Gordon Nagle, architect for Hillside House, present plans for
apartments to be built on land to the East of the Little Club.
After looking over the plans and discussing them, it was agreed that
they met all Town requirements as to setbacks, etc. and that a permit
could be issued after the. Health Department and any other necessary
agency -approved the plans.
Mr. Hart moved that the minutes of the meeting held on April 10, 1970
be approved with the correction of Paul Grady attending rather than
Paul Gerot and that the reading of these minutes be waived. I•Ir. Hoyle
seconded the motion. I -lotion passed.
Mr. Hart moved that the Financial Report for April, 1970 be approved
as written and all expenses included in the report be approved. Mr.
Hoyle seconded the motion. Motion passed:
Letter of resignation from the Commission from Mr. Iglehart was read.
Mr. LaPorte moved that the resignation be accepted with regret. Mr.
Hart seconded the motion. Motion passed.
Resolution No. 2-70, commending Mr. Iglehart for his service as a
Commissioner, was read. AIr. Hart moved that this resolution be
passed and adopted. Mr. LaPorte seconded the motion. Motion passed.
A letter from Mrs.. Henry V. Pope requesting a Northerly extension of
the no passing zone on,AlA was read. Since this is a State road it
was agreed that the Town could do little in this regard and Mrs.
Pope Would be so advised...
Police reports for April were read.
Resolution No: 3-70, vacating and; abandoning an easement over. the
North five feet of Lot. 21, Gulf Stream Cove, was read. Mr. LaPorte
moved that this resolution be. passed and adopted. Mr. Hart seconded
the motion. Motion passed.
Ordinance No. 70-1, granting a franchise to Teleprompter Florida
CATV Corporation, was read. Mr. Hart moved that this ordinance
be approved and placed on first reading. Mr. Hoyle seconded the
motion. I -lotion passed.
There was discussion as to the vacancy on the Commission and it was
agreed that the Commissioners would discuss the matter between them-
selves prior to the June 12, 1970 Commission meeting. It was pointed.
out that the charter calls for a replacement to be made,in thirty
days.
Ll�Y, 1 ut� 1.H11.e5
PLORIOA
'ZCnifeb Zfafez Zenafe
WASHINGTON, Mc, 201S1U
January 15, 1971
Hr. Henry F. Lilienthal
Johnston, Lilienthal 6 Johnston'
Attorneys and Counselors at Law
Harvey Building
Hest Palm teach, Florida 33402
Dear Mr. Lilienthal:
Upon my arrival here in Washington I was pleased to find your
letter and the attached. copy of the Town of Gulf Stream Resolu-
tion with respect to the Navy's Atlantic Undersea Test and
Evaluation Center, awaiting my attention.
There is every reason for this facility to be left where it is
and you may be sure of my full support of such action by the
Navy.
Looking forward to working with you in any and all matters_af-
fecting your City and Palm Beach County, and with kindest regards,
I am
Most ^
osincerely,,
LAWTON CHILES
LC/wbb
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C0131118SION MEETING
May 12, 1972,
Present: GEORGE W, WALKER Mayor
WILLIAM P. KOCH, JR. Vice -mayor
WILLIAM 5. LaPORTE commissioner
Also attending: n. D. Worthing• Att#y, John C, Randolph
and Kathleen K;ston0s Assistant,
1, The Heating was called to order by mayor [•talker.
2, On motion of Mr. LaPorte, seconded by Mr, Koch, the Minutes of
the April 14th Meeting ;are unanimously approved.
3, The Financial Report for the Month of April - 1972, an submitted
by the sown Manager, was accepted,
4. The following "SUMMARY" of Police Reports for the Hoath of April
was presented and accepted by the COMLisaioni
COWART BROWN CORBETT MqQUADE HUNKA
Mileage 1453 1650 1609 1716 1804
Days 20 22 21 20 22
Hours 160 176 168 160 179
CALLS 10 8 2 5 7
It was further reported that there had not been any B & 5 or
other major law violations during the Month of April,
5. The Planning Board submitted its •Report° to the Commission Can_
corning the Board's meeting with Mrs. LeRoy W. Caddell and her
representative Mr. Robert Grauch relative to the proposed devel-
opment of the 12.8 acres tract of land recently acquired by Mrs,
Caddell and her son Mr. Jahn B. Caddell II. Planning Board "Re-
port" is as follows,
"R8: Recommendations of the Town Planning Board in reference to
the proposed CADDP.LL Subdivision.
The Planning Board wishes to call to the Commiaaion0a atten-
tion x portion of the Town zoning Ordinance No, 108, approved in
May, 1952, as not forth on Page 23, Section X. sub -Section "A"
which reads as followas
'Ali plans, and re -plans, plate or CO -Plats of land herein-
after laid out in building lots or streets, alleys or other por-
tions of the same intended to be dedicated to the public use, or
for the use of purchasers or owners of lots fronting thereon, or
adjacent thereto, and located within the Town, shall be submitted
to the Town Commission, or a Committee thereof designated for such
purpose, for its approval or rejection, and it shall be unlawful
to receive or record such plans, re -plans, plats or re -plate, in
cont.
-G -
ITEM 5 conts
any public office unlesa the sane shall bear thereon, by endorse-
ment or otherwise, the approval of the Town Mayor and Clork upon
authority of the Town Commisnion, and the corporate Seal of the
Toi-in. The disapproval of such plans, re -plana, plats or re -plats
by the Town Commission shall be doomed a refusal by the Town of
the proposed dedication shown thereon. The approval by the Town
Cowdaeion shall be deemed an acceptance by the Town of such pro-
posed dedication, but shall not impose any duty upon the Town con-
cerning the maintenance or improvement of any such dedication or
dedicated parts until the proper authorities of the Town shall
have made actual appropriations of the same by entry, use or im-
provements.
All plana, re -plans, plata or re -plats of lands hereafter laid
out within any area of the Town, located in Residence District "A",
or in Apartment or ?residence District "C", shall provide for lots
or tracts of land having a frontage of at least one hundred (100)
foot on a dedicated street road or avenue, and a land area of at
least ten thousand (10,00f square feet, for each lot or tract
shown on maid plat."
Possible exception to the above should be noted on the McLOUTH
Subdivision Plat, approved in July, 1954, )rE-PLATTED and approved
in May, 1957, which may not conform to the above section X, sub-
section "A", in regard to dedicated roads.
it is the recommendation of thin Board that access roads should
be paved at least twenty (20) feet in width and provided with swalea
on both sides of said roads, each swale to be at least five (5) feat
wide. Catch Basins and drainage layout should be provided on a form
to be approved by the Town'■ Engineer.
The North Road in the Caddell Subdivision should be laid out in
a manner so that it does not intersect with AIA adjacent to the
South Road of the McLOUTB Subdivision, for safety reasons.
The Planning Board further recommends that no approval of the
Caddell subdivision Plans be given until complete engineering draw-
ings and specifications, showing the layout of access roads and a
drainage system, have been examined and approved by the Townes En—
gineer, all being subject to necessary survey.
It should be further noted that the Planning Board feels that
the general layout of this project is very attractive and if the
matter of the access roads, and properly designed drainage, can be
straightened out, there would be no objection to such proposed de-
velopment of the subdivision.
Following general discussion of the Planning Board's recommend-
ations between the Commission, Planning Board Member Mr. L. He Ball
and Mr. Robert Grauch, representing the owners of the proposed Sub-
division, during which discussions Mr. Koch, Vice -Mayor of the Com-
mission, cited the advisability of providing swales of ten (10) ft
in width, instead of five (5) ft., Hayor Walker informed Mr. Grauch
that engineering plana and specifications, for such proposed devel-
opment, reflecting suggestions as made by the Commission and there
should also be reflected the recommendations of the Planning Hoard,
be provided for re -submission to the Town Commission for further
consideration.
-3 -
ITEM 5 cont.
The commission, on motion of Mr. Koch, seconded by Hr. LaPorte,
unanimously approved acceptance of the Planning Board's Report,
together with the understanding that Hr. Grauch proceed with
providing for engineering design plane and specifications for
possible development of the Caddell property to reflect the rec-
emendations of the Planning Hoard and the commission, as well
as the intent of Mr. Grauch relative to possible sewage facili-
ties.
6. Ordinance No. 72-3, providing a basis for local Police control
over LOITERRRS aid/or PROWLERS was submitted for Commission con-
sideration, much ordinance being deemed necessary in the beat
interest of the Town in view of the fact that the United States
Supreme court recently declared the State Vagrancy Law being un-
constitutional.
On motion of Mr. Koch, seconded by Mr. LaPorte, the Commis-
sion unanimously approved placing ordinance No. 72-3 on FIRST
reading.
7. The Commission was informed that satisfactory arrangements with
the City of Delray Beach for use of its jail facilities, by the
Town of Gulf Stream, for detention of prisoners, when necessary,
have been concluded. on motion of Mr. Koch, seconded by Mr.
LaPorte who further expressed his appreciation for the coopera-
tion extended by the City of Delray Beach, the Commission unani-
mously approved execution of a prepared "Agreement", by the pro-
per Town officials, whereby the City of Delray Beach will provide
jail facilities for detention of prisoners from the Town of Gulf
Stream, when such service is needed.
B. The Commission directed the Town's legal counsel (Johnston, Lil-
ienthal & Johnston), represented at the meeting by Att'y. John
C. Randolph, to initiate legal procedure for amending Paragraph
2, Section 5, of Article IV, chapter 22306, Laws of Florida,
Special Acts of 1943, being the charter Act for the Town of Gulf
Stream, Florida, in order to provide an "AMENDMENT" thereto,
when so amended, to read as follows;
"All public moneys shall be deposited in the name of
the Town of Gulf Stream, in a bank or banks in Palm
Beach County, to be designated by the Town commission,
and all public moneys shall be disbursed only on check
to be signed by either one of the followings
(a) The Town Manager and any one (1) Commissioner; or
(b) Any Two (2) members of the commission. Any person
performing any duties in which he or she collects,
receives or handles any public funds shall give
bond to faithfully account for mama."
Upon motion of kr. Koch, seconded by Mr. LaPorte, the Commission
unanimously approved directing the Town legal counsel to proceed
with effecting such Charter Change.
Z
1'!3
COMMISSION MEETING
FEBRUARY 9. 1973.
PRESENT: WILLIAM F. KOCH, JR. Mayor
WILLIAM S. LaPORTE Vice -Mayor
GEORGE W. WALKER Commissioner
HENRY N. WHITNEY Commissioner
JOHN K. WHITTEMORE Commissioner
Also attending: R. D. Worthing; Att'y. John C. Randolph.
r
1. The meeting was called to order by Mayor Koch.
2. On motion by Mr. LaPorte and seconded by Mr. Walker, the Com-
mission unanimously approved the 'Minutes' for the regular
meeting held on January 12, 1973. .
3. The FINANCIAL REPORT for the Month of January was accepted
as submitted.
4, The following "SUMMARY" of Police Reports for the Month of
January was
presented to the
Commission:
COWART BROWN
CORBETT McQUADE
MUMIdA
Mileage
1516
1754
1802
2031
Days
24
23
22
24
Hours
192
184
176
192
CALLS
23
10
9
9
During the Month - Chief Cowart attended TWO First -Aid Calls;
Both being sent to the Hospital.
No. 1 Party was overcome by GAS from an Air Conditioner
No. 2 " " a Heart attack Victim.
5. The Commission was then informed that owners of properties a-
butting on portions of oleander Way, Banyan and Gulf Stream Roads
involved in a proposed Drainage Improvement Project previously
discussed at the January 12th Commission Meeting, have again been
requested to be present at this Meeting for further consideration
of such proposed improvement and possible sharing of costs there-
of.
The Commission was further informed that three (3) of said
property owners, namely, Mrs. Lake, Mr. & Mrs. G. P. Bissell and
Mr. & Mrs. A. N. Lilley, not being able to be present, have ad-
vised the administration of their willingness to join in the de-
cision of the majority.
COMMISSION MEETING
JANUARY 10, 1975
PRESENT: MAYOR,WILLIAM F. KOCH, JR. MAYOR
GEORGE W. WALKER VICE MAYOR
JOAN S. LAPORTE COMMISSIONER
JOHN K. WHITTEMORE COMMISSIONER
HENRY N, WHITNEY COMMISSIONER
Also attending: Att'y H. Adams Weaver, Town Manager, William E. Gwynn
Deputy Town Clerk, Barbara Gwynn, Police Chief, Roy
Cowart, and Franklin B. O'Brien.
The Meeting was called to order at 9:00 A,M, by Mayor Koch,
Upon motion by Mr. Whitney and seconded by Mr. Walker the Commission
approved the "Minutes" of the December 13th, 1974 Commission Meeting.
Financial Report for the Month of December was submitted and accepted
by the Commission.
b—IM Financial Report for the Quarter ending December 1974 was submitted.
L-AAW The following summarization of Police Reports for the Mouth of December
1974 was submitted to the Commission.
MILEAGE DAYS HOURS CALLS WARNINGS
Roy Cowart
1195
22
237
11
-0-
Sgt. Wm. McQuade
1674
22
183
22
2
James F. Brown
1452
21
168
16
2
Ron Pabor
1601
23
184
15
4
H. B. Simpson
1314
22
176
27
-0-
Wm. Reardon
1222
22
176
20
-0-
J. L. Brown
1234
22
176
23
5
David Burns
998
22
186
7
-0-
Five B & E's - One Conviction.
Mr. Hull from the Palm Beach County Agricultural Department gave a
talk on the Lethal Yellowing Disease. Deputy Town Clerk Gwynn gave
a progress report on the innoculation program to date. Mr. Franklin
O'Brien gave a report on the joint efforts by the Gulf Stream Civic
Association and the Town in helping to alert the citizens of the
importance of this project. Mr. O'Brien further noted that the Civic
Association had adopted a resolution requesting that the Town pass
an Ordinance making it mandatory for removal of diseased trees and
require a compulsory program for all property owners to treat all
trees ausceptable to this disease. Mayor Koch said the Townwould
consider this reco®endation and instructed the Town Attorney to
review the legal aspects and advise if such an Ordiance could be pre-
pared.
1��
=iMISSION.MEETING
MAY 9, 1975
PRESENT: WILLIAM F, KOCH, JR. MAYOR
GEORGE W. WALKER VICE MAYOR.
JOAN S. LAPORTE COMMISSIONER
JOHN K. WHITTEMORE COMMISSIONER
LINDLEY S. DETTISON COMPIISSIONER,
ALSO ATTENDING; Attorney John Randolph, William Gwynn, Manager,
Barbara Gwynn, Deputy Town Cleric, Roy Cowart
Police Chief, Larry M. Ball, Chairman. of the
Planning Board.
The Meeting was called to order at 9:00 A.M. by Mayor Koch.
Upon motion by Mr. Whittemore and seconded by Mrs. LaPorte the Commission
approved the Minutes of the Regular Meeting April 11, 1975.
Financial Report for Month of April, 1975 was submitted and accepted by the
Commission.
The following summarization of the Police Reportfor the Month of April,
1975 was submitted to the Commission.
MILEAGE DAYS HOURS CALLS- WARNINGS
Roy Cowart
1040
20
182
11
0
Sgt. McQuade
1528
19
156
13
2
David Burns
1085
21
168
11
1
Jerry Brown
1544
20
160
15
3
Simpson
1652
22
1.76
13
0
James Brown
1462
22
176
28
0
Ron Pabor
1.106
20
160
13
0
Reardon
1102
22
176
12
2
Twenty three aaests, one accident report - Fines for April $265..00
Second and final •reading of Ordinance 75.4 was read.
AN. ORDINANCE OF THE. TOWN OF GULF STREAM,
FLORIDA, ASSESSING A FEE FOR THE FILING
OF PETITIONS OR REQUESTS FOR VARIANCES
OR SPECIAL EXCEPTIONS FROMTHEOFFICIAL
ZONING ORDINANCE OF THE TOWN OF GULF
STREAM,
Upon motion by lir. Walker and seconded by Mrs. LaPorte, Ordinance 75-4
was unanimously approved by the Commission.
COMMISSION MEETING
x}
JUNE 13, 1975
VICE MAYOR
PRESENT: GEORGE M. WALKER COMMISSIONER
JOAN S. LAPORTE COMMISSIONER
JOHN K. WHITTEMORE COMMISSIONER
LINDLEY S. BETTISON
ABSENT: WILLIAM F. KOCH, JR.
MAYOR
Also attending, Attorney Weaver,
C
aver,William Gwynn, Manager, Barbara Gwynn, Deputy
Town
Roy
hief
The Meeting was called to order at 9 A.M. by Vice Mayor George M. Walker.
Upon motion by Mrs. LaPorte and seconded by Mr. Whittemore the Commission
approved the Minutes of the Regular Meeting May 9, 1975.
Financial Report for Month of May, 1975 was submitted and accepted by the
Commission.
The following summarization of the Police Report for the month of May, 1975 was
submitted to the Commission.
MILEAGE DAYS HOURS CALLS WARNINGS
Roy Cowart 710 15 120 10 0 Part of vacation
Stg. McQuade 1216 23 184 23 2
H. B. Simpson 1471 21 163 10 1
Ron Pabor 1138 21 168 B 0
J, L. Brown 1214 20 160 6 4
James Brown 1558 23 184 19 0
Wm. Reardon 1171 21 168 15 1
David Burns 1040 20 160 2 0
Judge Martin held traffic court May 29, 1975. There were 30 traffic cases.
27 convictions and 3 not guilty. he Court also found 2 young men guilty of
trespassing on Mr. Evans property, located at 1357 No. Ocean Blvd. Fines and
T
forfeitures amounted to $928.00. The Police Department also handled 2 traffic
accidents and 3 D.W.I's.
Resolution No. 75.8 was read to the Commission
A RESOLUTION OF THE TOWN OF GULF STREAM, FLORIDA,
PURSUANT TO ARTICLE IX, SECTION �, OF THE TOWN
CHARTER, FINDING AND DETERMINING IT NECESSARY AND
EXPEDIENT FOR THE PRESERVATION OF THE HEALTH, SAFETY
AND GENERAL WELFARE OF THE RESIDENTS OF THE TOWN TO
REQUIRE THE OWNERS OF CERTAIN PROPERTIES TO REMOVE
THEREFROM ALL DEAD AND/OR DYING TREES.
Upon motion by Mrs. LaPorte and seconded by Mr. Whittemore Resolution 75-8 was
unanimously approved by the Commission.
JOHN STON,L.ILI ENTHAL & JOHNSTON
ATTORNEYS AND COUNSELORS AT LAW
HARVEY OYILOINO
WEST PALM BEACH, FLORIDA 3340E
HARRY ALLISON JOHNSTON
NEN R4 F LILIENTHAL
HARRY A. JOHNSTON n
July 3, 1972
Town Commissioners
Town of Gulf Stream
P.O. Box 255
Delray Beach, FL 33444
Gentlemen:
655.0100
D05NzSffiuHIRgW
P. o. Box 4a
Some time ago I informed Mr. Worthing of the necessity for our firm
to increase the fee which is now being charged the Town of Gulf
Stream for legal services. I now relate this information to you
for your consideration.
For several
years this firm has represented the Town of Gulf
Stream
for
a retainer of $50.00 per month, with an additional
charge
for
work done over and above the regular course of the
Town's
business.
We. have found; due to inflation
and the increase
/�01
in time
and
effortexpended toward the legal
p-roblems of the Town,
that it
is
economically unfeasible for :our firm to continue
representation on such a basis. Thus, we submit the following
proposal:
Representation would continue on the basis of $75.00 per month
as a retainer fee, This would include such services as
attending meetings, rendering legal advice and opinions, time
expended on telephone calls, ordinary communications, etc. The
prepartaion of ordinances, resulutions, extraordinary legal research,
litigation and any other matter outside the ordinary course of
business would not be included in the retainer fee. Fees for those
services would necessarily have to be computed on an hourly basis
of $30.00 per hour.
This firm has enjoyed representing the Town of Gulf Stream for
the past several years and would like to continue in that
capacity. We hope that the terms set out herein meet with your
approval. Please feel free to ca.il if you have any questions in
regard to this matter.
Thank you..
Very truly yours,
>JOHNSTON, LILIENTHAL & JOHNSTON
By
JCR/ml
JONES
FOSTER
JOHNSTON
& STUBBS, P.A.
Attor,nays and Counselors
John C. Randolph, Esquire
Direct Dial: 561-650-0458
Direct Fax: 561-650-0435
E -Mail: jrandolph@Jones-fostercom
May 31, 2006'
Mr. William H. Thrasher
Town Manager
Town of Gulf Stream
100 Sea.Road
Gulf Stream, Florida 33483
Re: Town of Gulf Stream
Our File No, 13147.1
Dear Bill:
Hagler CenterTmer, Suite 1100
505 South Rader flrtye
West Palin Beach, Florida 33401
Telephone(561)659.3000
Aloi/ingAddress
Post Office Box 3475
Nest Palm Beach,,Flodda 33402-3475
Please be advised that the firm is proposing to modify my hourly rate to $210.00 per
hour beginning September 1, 2006. As you know my hourly rate has been $190.00 per
hour since September 1, 2001, with no increases since that date.
Thank you for your consideration of this matter.
Sincerely,.
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
John C. Randolph
JCR/ssm
zoww.jon es fosl er. cont
John C. Randolph, Esquire .
Direct Dial: 561-650-0458
Direct Fax: 561-650-0435
E -Mail: jandolph@jones-foster.com
July 14, 2008
Mr. William H. Thrasher, Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream Florida 33483
Re: Town of Gulf Stream
Our File No. 13147.1
Dear Bill:
Pursuant to our recent discussion, please be advised that I propose to increase my
hourly rate for the Town of Gulf Stream, effective August 1, 2008, to $235.00 per hour.
Thank you.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
John C. Randolph
JCR/ssm
Gulf Stream, FL Code of Ordinances Page 1 of 4
PARTI- CHARTER
TOWN OF GULF STREAM
FOOTNOTE(S);
— (1) -•-
Editor's note— printed herein is the Charter for the Town of Gulf Stream, Florida, ordinance number
80-1, enacted on February 8, 1980, and adopted by referendum held on March 11, 1980. Obviously
misspelled words have been corrected without notation.Words added for clarification have been
added In brackets 0. Amendments, have been included and are Indicated by a history note immediately
following the amended section.
ARTICLE I. CREATION AND POWERS
Section 1.01..• Creation and powers.
The Town of Gulf Stream is created, which shall have all governmental, corporate and proprietary
powers to enable It to conduct municipal government, perform municipal functions and render
municipal services, and may exercise any powerfor municipal purposes except as otherwise provided
by law.
ARTICLE II. - CORPORATE LIMITS
Section 2.01. - Description of corporate limits,.
The following areas shall constitute the corporate limits of the Town of Gulf Stream;
(The boundary description is not printed herein, but is on file in the city clerk's office,]
ARTICLE III. - LEGISLATIVE
Section 3.01. -Town Commission; powers, composition.
There shall be a. Town Commission with all legislative powers of the Town vested therein,
consisting of five (S) members who shall be electors of the Town, electedat large bythe electors of the
Town in the manner hereinafter provided.
Section 3.02. —Qualifications.
Any elector of'the Town shall be eligible to hold the office of Town Commissioner. The Commission
shall be thejudge of the election and qualifications of its members and of the grounds for forfeiture of
their office. A member charged with conduct constituting grounds for forfeiture of his office shall be
entitled to a public hearing on demand, and notice of such hearing shall be published in one or more
newspapers ofgeneral circulation in the Town at least one. (1) week in advance of the hearing.
Section 3.03. - Election and terms.
The Commissioners shall hold office for a term of three (3) years beginning at noon of the third
day after their election and shall continue in office until their term expires and until their successors.
are elected and qualified. There Shall be an election of a Commissioner or Commissioners in the
manner prescribed in Article V of this Charter, on the second Tuesday in March on any yearin which a
vacancy or vacancies are occasioned by the expiration or early termination (voluntary or involuntary) of
the terms ofthe office of Commissioners.
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Gulf Stream, FL Code of Ordinances
Page 2 of 4
Section 3.04. - Compensation and expenses.
Commissioners shall serve without compensation but they shall receive their actual and necessary
expenses Incurred in the performance of their dudes of office as provided by law.
Section 3.05. - Mayor and Vice Mayor.
The Commission shall select from among Its members a Mayor and a Vice Mayor. Such selection
shall be done at the first regular Commission meeting after the Town election.
The Mayor shall preside at meetings of the Commission, shall be recognized as head of Town
government for all ceremonial purposes, by the Governor for purposes.of military law, for services of
process execution of contracts, deeds and other documents, and as the Town official designated to
represent the Town in all agreements with other governmental entitles or certifications to other
governmental entities, but shall have no administrative duties except as required to carry out the
responsibilities herein.
The Vice Mayor shall act as Mayor during absence or disability of the Mayor.
Section 3.06. - Vacancies; forfeitures of office; filling of vacancies.
(a) Vacancies. The office of a Commissioner shall become vacant upon his death, resignation, removal
from office in any manner authorized by law or forfeiture of his office.
(b) Forfeiture of Office. A Commissioner shall forfeit his office if he:
(1) Lacks at anytime during his term of office any qualification for the office prescribed by this
Charter or by law, or
(2) Violates any standard conduct or code of ethics established by law for public officials, such
violation to be determined by remaining members of the Commission.
(c) Filling of Vacancies. A vacancy on the Commission shall be filled by a majority vote of the remaining
members of the Commission for the period of time until the next election, when a Commissioner
shall be elected for the remainder of the term vacated.
(d) Extraordinary Vacancies. In the event that all members of the Commission are removed by death,
disability of forfeiture of office, the Governor shall appoint an Interim Commission that shall call a
special election.
Section 3.07. - Procedure.
(a) Meetings. The Commission shall meet regularly at least once in every month at the Town Hall or at
such time and place as the Commission may prescribe. Special meetings may be held on the call
of the Mayor or of a majority of the members and, whenever practicable, upon no less than twelve
(12) hours' notice to each member and the public. All meetings shall be public.
(b) Rules and Minutes. The Commission shall determine Its own rules and order of business. The
Commission shall keep minutes of its meetings.
(c) Voting. Voting, on ordinances and resolutions, shall be by majority vote, or If requested by a
Commissioner, by a roll call, and shall be recorded in the minutes. A majority of the Commission
shall constitute a quorum; but a smaller number may adjourn from time to time and may compel
the attendance of absent members in the manner and subject to the penalties prescribed by the
rules of the Commission. No action of the Commission except as otherwise provided in the
preceding sentence shall be valid or binding unless adopted by the affirmative vote of the majority
of a quorum present.
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Gulf Stream, FL Code of Ordinances
Page 3 of 4
(d) Annual Audit At the end of each fiscal year the Commission shall select and employ competent
Independent auditors to review the Town's financial activities and condition for the year and to
express their opinion thereof.
ARTICLE IV. -ADMINISTRATIVE
Section 4.01. - Town officers.
The Commission shall appoint a Town Manager, Town Clerk, and a Chief of Police who shall serve
at the pleasure of the Commission and perform such duties as may be specified by law or the
Commission. The Commission may appoint such other officers, consultants and employees as may be
needful.
Section 4.02. - Compensation.
The Commission shall determine for each officer, consultant or employee his kind and amount of
compensation and his employee benefit status.
ARTICLE V. - NOMINATIONS AND ELECTIONS
Section 5.01. - Electors.
Any person who is a resident of the Town who has qualified as an elector of this state, and who
registers in the procedural manner prescribed by general law and ordinance of the Town, shall be an
elector of the Town.
Section 5.02. - Nonpartisan elections.
All nominations and elections for the office of Town Commissioner shall be conducted on a
nonpartisan basis without regard for or designation of political party affiliation of any nominee on any
nomination petition or ballot.
Section 5.03. - Nominations.
Candidates for the office of Town Commissioner shall be nominated for such office(s) by the filing
of a written notice of candidacy with the designated Town official at such time and in such manner as
may be prescribed by ordinance.
Section 5.04. - Form of ballots.
The Commission by ordinance shall prescribe the form of the ballot or method of balloting
including the method of listing candidates for Town Commission elections, and any other Town
election. A Charter amendment to be voted on by the Town shall be presented for voting by ballot title.
The ballot title of a measure may differ from its legal title and shall be a clear, concise statement
describing the substance of the measure without argument or prejudice.
Section 5.05. - Elections.
Town elections shall be held on the second Tuesday in March. The election of candidates for the
office of Commissioner shall be determined solely on the basis of a plurality of votes cast at the
election and shall not be a run-off system of voting. If for any reason an elected candidate refuses to
acknowledge or accept the campaign seat or term of office which he has been elected to, then that
Commission seat and term of office shall be awarded to the candidate who received the next largest
number of votes cast at the election. In case all vacancies on the Commission cannot be filled In this
manner, the Commission shall elect a person or persons to fill such vacancies.
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Gulf Stream, FL Code of Ordinances
Page 4 of 4
ARTICLE VI. -TRANSITION SCHEDULE
Section 6.01. - Ordinances preserved.
All ordinances in effect upon the adoption of this Charter, to the extent not Inconsistent with it,
shall remain in force until repealed or changed as provided herein.
Section 6.02. - Rights of officers and employees.
Nothing in this Charter except as otherwise specifically provided shall affect or impairthe rights or
privileges of persons who are Town officers or employees at the time of adoption. Elected officers shall
continue to hold their offices and discharge the duties thereof until successors are elected.
Section 6.03. - Pending matters.
All rights, claims, actions, orders, contracts and legal or administrative proceedings Involving the
Town shall continue except as modified pursuant to the provisions of this Charter.
CHARTER COMPARATIVE TABLE ORDINANCES
This table shows the location of the sections of the basic Charter and any amendments thereto,
Ordinance Date Referendum
Number Date
80-1 2- 8-80 3-11-80
Section
1.01-6.03
Section
this
Charter
1.01-6.03
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 19, 2015
Chris O'Hare [mail to: chrisoharegulfstream@gmail.comj
Re: GS #2043 (Alexander, Watkins allegations)
Attached is the title page of the published Code of Ordinances for the Town of Gulf Stream
Florida (copied from the Town's web site). Please note that this title page contains a section
labeled CURRENT OFFICIALS of the TOWN OF GULF STREAM, FLORIDA, and under
this heading John C. Randolph is identified as Town Attorney.
(1) Please provide any public record documenting where the Town Commission by a majority
vote, or anyone officially designated by the Town Commission to act on their behalf, has
authorized the entire law firm of Jones, Foster, Johnston & Stubbs, as an entity, to be the Town
Attorney instead of the individual John C. Randolph as claimed on the attached Town's
published code of ordinances.
(2) Any public record, other than billing records and notices of billing rate increases, that would
document, substantiate, support or in any way be related to the statement by Larry Alexander,
Chairman and President of Jones, Foster, Johnston & Stubbs, made to the Florida
COMMISSION ON ETHICS regarding complaint no. 15-001 that his entire law firm (Jones,
Foster, Johnston & Stubbs), and not the respondent individually (John C. Randolph), serves as
the Town Attorney for the Town of Gulf Stream.
(3) Any public record that would document, substantiate, support or in any way be related to the
statement made by Scott Watkins, of Jones, Foster, Johnston & Stubbs, to the Florida
COMMISSION ON ETHICS during the hearing of complaint no. 15-001, that there is a contract
between the Town and the entire law firm of Jones, Foster, Johnston & Stubbs, other than billing
records and notices of billing rate increases, to serve as Town Attorney.
(4) Any contract THAT INCLUDES PROVISIONS that anyone or everyone at Jones, Foster,
Johnston & Stubbs is authorized or mandated to complete legal services for the Town of Cruj(
Stream.
Dear Chris O'Hare [mail to: chrisoharet,ulfstream(,cmail.coml,
The Town of Gulf Stream received your public records request on November 5, 2015. You
should be able to view your request at the following link httn://www2.gulf-
stream.ore/weblink/O/doc/70190/Pagel.asnx. In future correspondence, please refer to this
public records request by the above referenced numbers.
For parts 1 & 4, please be advised that there are no responsive records.
For parts 2 & 3 of your request, the Town disputes that you have identified those portions of the
public records that you seek with sufficient specificity to permit the Town's records custodian to
identify the records as is required under the Public Records Act. Your request is vague,
ambiguous and overly broad.
Without conceding the propriety of your request, the Town responds that public records
responsive to part 2 of your request include the Town meeting minutes dated 5/12/72, 2/19/73,
1/10/75, 5/9/75 and 6/13/75 and the correspondences dated 7/29/69 and 1/15/71, which are
available at the same above link.
The Town construes part 3 of your request to refer to "Scott Hawkins", a partner at Jones, Foster,
Johnston & Stubbs, P.A. and responds that all of the documents available at the above link are
partially responsive to your request.
The Town believes that there may be additional records requests made to it or its records
custodians that would be responsive to parts 2 and 3 of your request. However, to review Town
records going back to the 1970s to determine whether there are any other records responsive to
your request and produce those records will require extensive clerical or supervisory assistance.
The Town estimates that it will require at least 8 hours of administrative support at $40.51 per
hour, 4 hours of administrative support from the office of Jones, Foster, Johnston & Stubbs, P.A.
at $50.00 per hour and 4 hours of attorney time by an attorney at Jones, Foster, Johnston &
Stubbs, P.A. at $235.00 per hours, the labor costs of the personnel providing the service, per Fla.
Stat. § 119.07(4)(d).
In light of the foregoing estimates of the extensive clerical or supervisory assistance required to
fulfill your records request, before producing documents, the Town will therefore require a
deposit from you calculated as follows%
(8 hours @ 40.51 = 648.16) — (.25 hours @ 40.51 = 10.13) + (4 hours @ 50.00 = $200) + (4
hours @ 235 = 940) = Deposit Due: $1,778.03 in cash or check.
If the costs of producing these documents will exceed your deposit, the Town will provide you
with an initial production of responsive records and an estimate for the production of any
additional responsive records. If the costs of production are less than the deposit, the Town will
provide you with the responsive records and a refund.
Upon receipt of your deposit, the Town will use its very best efforts to further respond to your
public records request in a reasonable amount of time.
Sincerely,
Town Clerk