HomeMy Public PortalAbout03/10/1995 * Special Joint Meeting of the Town Commission & the ARPBMAYOR:
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
B. 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.
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
William F. Koch, Jr.
Mayor
O participating:
Alan I. Armour
Vice Mayor
James E. Cross
Commissioner
A. Curtis True, M.D.
Commissioner
Kathleen S. Wallace
Commissioner
Joan Orthwein
Chairman of ARPB
Fred B. Devitt, III
Member of ARPB
Howard E.N. Wilson
Member of ARPB
Robert Hopkins
Alternate Member of ARPB
Sara Winston
Alternate Member of ARPB
Absent:
William Lynch
Vice Chairman of ARPB
(without notice)
Susanna Souder
Member of ARPB
(with notice)
Also present &
E. Scott Harrington
Town Manager
participating:
John Randolph
Town Attorney
Rita Taylor
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-Attornev Randolph. 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. Decisions and 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 2
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-Judiciaol Dens-velopment Review Process.
A. ApplicatiTown Manager Harrington
B. Notice -Town Manager Harrington
C. Review Standards -Town Manager Harrington
D. Staff Report -Town Manager Harrington
E. Site VisictG-Attorney Randolph
F. Use of and Advise from Outside Professionals (Architects, etc.)
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
Due to the lateness of the hours. 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
motion to do so made by Commissioner Wallace that
Commissioner Cross with all voting in the affirmative.
l 1
Rita L. Taylor, own Clerk
9:03 A.M. on a
was seconded by