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.
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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