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HomeMy Public PortalAbout03/10/1995 * Town Commission & ARPB Meetingl i MAYOR: VICE MAYOR: COMMISSIONER: CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE: William F. Koch, Jr. Alan I. Armour James E. Cross A. Curtis True, M.D. Kathleen S. Wallace Joan Orthwein William Lynch Fred B. Devitt, III Susanna Souder Howard E.N. Wilson Robert Hopkins Sara Winston March 3, 1995 SPECIAL JOINT MEETING BEING HELD BY THE TOWN COMMISSION AND THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 10, 1995, AT 8:30 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Sunshine Law- Attorney Randolph IV. Conflicts of Interest - Attorney Randolph V. Legislative Decisions and Decision Making- Attorney Randolph VI. Quasi- Judicial Decisions and Decision Making- Attorney Randolph VII. Quasi - Judicial Development Review Process A. Applications -Town Manager Harrington B. Notice -Town Manager Harrington C. Review Standards -Town Manager Harrington D. Staff Report -Town Manager Harrington E. Site Visits - Attorney Randolph F. Use of and Advise from Outside Professionals (Architects, etc.) - Attorney Randolph G. Public Hearings- Attorney Randolph 1. Swearing -in 2. Presentations by Applicant 3. Comments by Staff 4. Comments by Outside Professionals 5. Public Comment 6. Final Remarks by Applicant 7. Executive Session 8. Cross- examination 9. Role of the Chair H. Fact Finding- Attorney Randolph I. Motions - Attorney Randolph VIII. Public. IX. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COMMIS- SION OR THE ARCHITECTURAL REVIEW AND PLANNING BOARD 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. 286.0105, F.S.S. C MINUTES OF THE SPECIAL, JOINT MEETING HELD BY THE TOWN COMMISSION AND THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 10, 1995, AT 8:30 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 8:30 A.M. II. Roll Call. Present and participating: William F. Koch, Jr. Alan I. Armour James E. Cross A. Curtis True, M.D. Kathleen S. Wallace Joan Orthwein Fred B. Devitt, III Howard E.N. Wilson Robert Hopkins Sara Winston Absent: William Lynch (without notice) Susanna Souder (with notice) Also present & E. Scott Harrington participating: John Randolph Rita Taylor Mayor Vice Mayor Commissioner Commissioner Commissioner Chairman of ARPB Member of ARPB Member of ARPB Alternate Member of ARPB Alternate Member of ARPB Vice Chairman of ARPB Member of ARPB Town Manager Town Attorney Town Clerk III. Sunshine Law - Attorney Randolph. Mr. Randolph briefly explained the Law and reminded that a full text is available for review at the Town Hall. He made a special point of reminding that no two members of the same body may discuss any matters that may come before them in an official capacity outside of the properly advertised public meeting. He added that a member of the Commission and a member of the ARPB could discuss such matters outside a public meeting, and that the members of either the Commission or the ARPB could discuss matters before them, or to come before them, with any member of the staff but the staff could not share any of the conversation with other members of the bodies unless it would be at a public meeting.Mr. Randolph cautioned that if a violation of the Sunshine Law was to be proven, any action taken with regard to the matter related to the violation could be thrown out. IV. Conflicts of Interest - Attorne Randol h. Attorney Randolph began by advising that members o. the Commission and the ARPB may not abstain from voting unless a conflict is declared by the person abstaining. He further advised that the person declaring a conflict must state openly what the nature of the conflict is and then file a written declaration after the meeting which becomes a part of the minutes. Mr. Randolph stated that a conflict would exist if the matter being voted on could be used to the persons private gain or to the special gain of their client. V. & Legislative Decisions and Decision. Making and Quasi - Judicial VI. Decisionsand Decision Making- Attorney Randolph. Mr. Randolph preferred to address both items together since they are closely related. He explained that legislative decisions are those that deal with creating new legislation as opposed to those decisions that deal with the enforcement and interpretation of existing laws, which are quasi - judicial. He further explained that it is permissible to speak to constituents about legislative decisions and decision making in order to gain information and opinions from them. Special, Joint Meeting of the Town Commission and the ARPB- March 10, 1995 page However, Mr. Randolph advised that in making quasi - judicial decisions, the members of these bodies are sitting as judges on laws that are on the books, i.e. variance standards, special exceptions, site plan reviews, etc. As such, public opinion is not considered. He cautioned that members of these bodies are not to speak to applicants or their agents, or anyone else involved with the matter unless it is done at a public meeting that has been advertised. He went on to add that if for some reason the matter was mentioned outside a meeting, this should be openly declared at the hearing. VII. Quasi - Judicial Development Review Process. A. Applications -Town Manager Harrington B. Notice -Town Manager Harrington C. Review Standards -Town Manager Harrington D. Staff Report -Town Manager Harrington E. Site Visitb- Attorney Randolph F. Use of and Advise from Outside Professionals G. Public Hearings- Attorney Randolph 1. Swearing -in 2. Presentations by Applicant 3. Comments by Staff 4. Comments by Outside Professionals 5. Public Comment 6. Final Remarks by Applicant 7. Executive Session 8. Cross - Examination 9. Role of the Chair H. Fact Finding- Attorney Randolph I. Motions - Attorney Randolph (Architects, etc.) Due to the lateness of the hour';. it was determined that these items, for the most part, would be covered at ". the next meeting of the ARPB and of the Town Commission. Attorney Randolph did remind that when any action is taken, it should include detailed findings and the section of the Code that determined such findings should be quoted. VIII. Public. There was no comment from the public. IX. Adjournment. Mayor Koch adjourned the meeting at 9:03 A.M. on a motion to do so made by Commissioner Wallace that was seconded by Commissioner Cross with all voting in the affirmative. � f -- Rita L. Taylor, own Clerk