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HomeMy Public PortalAbout02/06/1992 * Special MeetingFebruary 1, 1992 MAYOR: William F. Koch, Jr. COMMISSIONER: Alan I. Armour James E. Cross Lawrence E. Stahl Kathleen S. Wallace SPECIAL MEETING OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM TO BE HELD ON THURSDAY, FEBRUARY 6, 1992 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Consideration of The Town of Gulf Stream participating in the proposed legal action against Palm Beach County regarding the proposed county referendum transferring countywide planning authority to the Palm Beach County Commission. V. Public VI. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 236.0105, F.S.S. C� G SPECIAL MEETING HELD BY THE GULF STREAM TOWN COMMISSION ON THURSDAY, FEBRUARY 6, 1992 AT 9:00 A.M. IN THE GULF STREAM TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Mayor Koch called the meeting to order at 9:00 A.M. M * *0 0 V Roll Call Present and Participating: Absent: Also Participating: William F. Koch, Jr James E. Cross Lawrence E. Stahl Kathleen S. Wallace Alan I. Armour (with notice) E. Scott Harrington John Randolph Rita Taylor Consideration of the Town of Gulf Stream reterendum transferring coun Palm Beach Countv Commissio: Mayor Commissioner Commissioner Commissioner Vice Mayor Town Manager Town Attorney Town Clerk in the Attorney Randolph advised that attorneys from a number of the municipalities in Palm Beach County had been meeting regarding the course of action to be followed regarding the referendum. It has been determined that a preliminary injunction to remove the referendum from the ballot will be filed on or about February 7, 1992, he said. Mr. Randolph added that in the eventthat action is not successful, and in the event that the referendum is passed on March 10, 1992, legal action would be taken to have the referendum declared invalid. He stated that there are several points it would be challenged on, one being that it is unconstitutional to have a transfer of power without having successful dual referendums, and another being that the ballot language is misleading, adding that there are several others that he would not go into at this time. Addressing the matter of cost of legal action, Mr. Randolph stated that it has not yet been determined since they do not know how many cities will be involved. He added that they have been considering a combination of appraised value and population but have been leaning toward a scale of the lowest share being poupulations under 5,000 with additional brackets moving upward. He said that a maximum of $100,000 had been used as an example, which is felt to be reasonable at this time. When applying the proposed brackets spread over 37 municipalities, the smallest fee would be $1,000 and the largest would be $10,000. He reminded that any funds that were not used would be returned, and that this formula had only been discussed, not established. The commissioners were all in agreement that the proposed amendment to the County Charter would destroy local control and be a very big step toward a metro government in Palm Beach County, and therefore felt the Town of Gulf Stream should become a plaintiff in the proposed legal action. Special Meeting -Town Commission February 6, 1992 page 2 Attorney Randolph advised that the State Statutes require that a 45 day notice be given prior to the filing of a law suite but that there is provided an exception to that if the issue involves an immediate danger to the public welfare. He pointed out that there is insufficient time for notice and the Commission would need to determine if this issue is an immediate danger to the public welfare. GCommissioner Wallace moved that inasmuch as the referendum is an immediate danger to the public welfare and immediate action is required with the election being March 10, 1992,which does not permit time for the 45 day notice, the Town of Gulf Stream be named a plaintiff along with other municipalities in Palm Beach County. The motion was seconded by Commissioner Stahl. Roll Call: Comm.'A &llace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. Commissioner Stahl then moved that the Town authorize an expenditure of $2,000 at this time to contribute toward the cost of the legal action that is about to be taken. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. Commissioner Stahl, noting members of the Civic Association were present in the audience, suggested that perhaps the Association would take on the project of voter education on this issue. Town Manager Harrington advised that there has been a political action committee called Save Our Local Environment that will provide material for information and distribution as well as speakers to appear at gatherings. He added that the committee will welcome donations but that those must be from individuals as public funds cannot be spent for political campaigns. Members of the Civic Association indicated they would be interested in handling the voter education. Commissioner Cross moved that the $2,000 for the legal action be taken from the Town's contingency fund, seconded by Commissioner Stahl. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. Town Manager Harrington advised that as an item of information, the Florida Department of Transportation was in the process of tying yellow ribbons around a number of pine trees along AlA. He stated that they had originally planned to trim a number of them but after further review had found that many were in the process of rotting from the inside out and would have a very short life span. With this in mind, the DOT felt the added expense of trimming and then end up with removal costs in a few years was not Owarranted. Mr. Harrington further advised that DOT had declared the intersection of Golfview and AlA to be dangerous in that the pine trees were planted in such a manner as to block the vision when entering onto AlA and they planned to cut all of the pines along the Fogarty property to eliminate the hazard. e stated that some of the marked trees might be negotiable and suggestg� hat the members of the Commission look at what has been marked during the next week and he would add this matter to the agenda of the regular meeting on February 14, 1992. Mr. Harrington stated that he did not believe the trees along the Fogarty property were negotiable unless perhaps Golfview Dr. was to be designated one way west. Mayor Koch stated he was not in favor of doing that as the other streets would be unfavorably impacted with additional traffic entering AlA that has in the past entered from Golfview Dr. Special Meeting -Town Commission February 6, 1992 page 3 Members of the Commission agreed that the matter of the Australian Pines would be considered at the February 14, 1992 meeting. V. PUBLIC There was no comment from the public regarding the items on the agenda. Informal comments were made with regard to consideration of a replanting program along AlA to replace the pine trees. VI. Adjournment Mayor Koch adjourned the meeting at 9:45 A.M. Rita L. Taylor Town Clerk