Was Comm. Abrams’ Motion Valid?

From: Andy [mailto:andy@upinarms.net]
Sent: Tuesday, July 14, 2009 12:16 AM
To: ‘BCC-AllCommissioners@pbcgov.com’; ‘RWeisman@pbcgov.org’
Cc: ‘GWebb@pbcgov.org’; ‘StateAttorney@sa15.state.fl.us’
Subject: Commissioner Abram’s 7-7-09 Motion

Commissioner Abrams and Mr. Weisman,

I am unclear as to the validity and standing of the motion made by Commissioner Abrams concerning Fargo Avenue during the 7-7-09 BCC Meeting, Matters by the Public. The specific part of the motion in question is ”…delay the project until such time that an MSTU is established…” As many property owners in Palm Beach County can attest, the MSTU program has been established for many years and many projects. Recent evidence of an established MSTU program is:

1. In a letter dated March 6, 2008, Engineering sent MSTU petitions to property owners on Rodeo Drive under County Engineer George Webb’s direction. Staff recommended and the Board subsequently approved the assessment roll and construction contract for Rodeo Drive. Palm Beach County paid approximately $175,000 in MSTU funds to pave Rodeo Drive.
2. During the December 16, 2008 BCC Meeting, the Board unanimously approved the MSTU ordinance change that I requested during the July22, 2008 BCC Meeting. The purpose of my request was to have Fargo Avenue paved under the new MSTU ordinance change.
3. In a letter dated March 18, 2009, Engineering mailed MSTU petitions to property owners on FARGO AVENUE FROM ARROWHEAD DR TO ELPASO DR ALL PROPERTIES WEST OF LYONS (FRONTIER) EXCEPT PALOMINO DR. PROJECT NO. 2008134A. The letter clearly states, “Before the project can proceed using MSTU funds…” This petition was mailed one day after the March 16, 2009 BCC meeting during which Mr. Weisman gave his word to personally do everything he could to not allow a 16 month delay to happen in the paving of Fargo Avenue.
4. The petition accompanying the March 18, 2009 MSTU petition letter was worded with the same authority language as other MSTU petitions. The heading reads: PETITION FOR ROAD OR STREET IMPROVEMENTS UNDER CHAPTER 37, PALM BEACH COUNTY CODE OF LAWS & ORDINANCES.
5. During the June 2, 2009 BCC Meeting, the Board unanimously approved the petitioning of Fargo Avenue under the new MSTU ordinance change.
6. In a letter dated June 11, 2009, Engineering mailed MSTU petitions to property owners concerning FARGO AVENUE FROM EL PASO TO ARROWHEAD DRIVE STREET IMPROVEMENT #2008134. This is the same project number as the March 18, 2009 Engineering petition that specifically references the MSTU program.
Please tell me exactly when and under what authority did the MSTU program ceased to exist. As recently as June 2, 2009, Palm Beach County mailed petitions with a current MSTU project number. More than the required 50% YES votes were received as a result of the County’s petitions.

Is it regular County practice to petition property owners and pay 50% of the cost of a road paving project for a program that is no longer established as was the case with Rodeo Drive? Please explain.

Is it regular County practice for the BCC to unanimously approve the petitioning of a project for a program that is not established? Please explain.

Is it regular County Engineering practice to mail petitions that were unanimously approved by the BCC for a program that is not established? Please explain.

What authority makes Commissioner Abrams’ motion valid when the program is currently established? Please explain.

Sincerely,

Andy Schaller
www.upinarms.net

Leave a Reply

You must be logged in to post a comment.