HomeMy WebLinkAboutMinutes Council 092382CITY COUNCIL
® WORKSHOP MEETING
CITY OF PALM BEACH GARDENS
SEPTEMBER 23, 1982
The Workshop Meeting of the City Council of Palm Beach Gardens, Florida, was
ailed to order by Mayor Kiselewski, at 8:00 P.M. in the Assembly Room, 10500
North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge
of Allegiance to the Flag.
ROLL CALL: The roll was called by the City Clerk and present were: Mayor Kiselewski,
Vice Mayor Monroe, Councilman Kiedis, Councilman Aldred, and Councilman
Martino. City Manager John Orr and Attorney William Brant were also in
attendance.
PROCLAMATIONS: Mayor Kiselewski read proclamations proclaiming the week of October 3rd -
October 9th, 1982, as "Fire Prevention Week "; and October 18th - October 30th
1982, as "Shrine Hospital Days ".
ITEMS BY THE C171 ?L�NAGER:
PROPOSED
The Citv Manager addressed the Council re: the proposed salary pay plan recom'`,;�
SALARY FAY
..'
PLAN
ended Y Y em P
mended by the City's Merit System Board for City employees. A Resolution
adopting this salary pay plan will be considered for adoption at the next
Regular Meeting of `he Council on October 7, 1982.
A:
INDUSTRIAL
The City Attorney was requested to re.,earch the procedures for the City to act "
REVENUE FONDS
as the agency in applications of businessmen to offer Industrial Revenue Bonds,
for the Council's consideration with the input of Mr. J. C. Nickens, Representa-
tive of the Bureau of Area Development of the Florida Department of Commerce.
BONUS CHECKS
The City Manager advised the Council that monies from Budget Account #01 -15.60
TIFZ y
EMPLOYEES
(Bonuses) were received as of this date by all City employees, with the
exception of Department Heads. The members of the Council were not in favor
of the recommendation of the City Manager that the Department Heads, too,
benefit from this monetary distribution, as it was not their intent for the
bonus monies to be given as an across -the -board salary supplement; but instead,
for it to be given to employees that performed extra - ordinarily.
ITEMS BY THE MAYOR AND COUNCIL:
�MAYOR
Mayor Kiselewski reported on the meeting this week of the "ad hoc committee ",
KISELEWSKI
formed for the purpose of recommending to the Council an alternative to the
closing of the north side of Holly Drive during the times public schools or,
the artery are in session (ref: Regular Meeting of August 5, 1982). The City
Manager was requested to provide a cost figure for implementing the Committee's
City Council Workshop Meeting, 9/23/82
Page 2
recommendation for the Council's consideration at a future meeting.
COUNCILMAN The City Attorney was requested to draft an Ordinance for the Council's con -
KIEDIS: sideratlon of first reading, clarifying open space /lot coverage in Planned
Unit Developments. The Planning & Zoning Commission will exercise a Public
Hearing and make a recommen,],,tion ro the . -)r to their consideration
of its adoption.
MAYOR The City Attorney was requested to draft a Resolution non- supportive of the
KISELEWSKI: 1q additional sales tax question to be placed by the County Commission on the
ballot of the November 2, 1982 General Election; but, requesting that if the
electorate approves it and if /when supplemental arts facilities are built, one
be in Northern Palm Beach Countv. This Resolution will be considered for
adoption at the Regular Meeting of October 7; 1982.
COMMENTS PROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA:
MR. FRANK L. Mr. Frank L. Carhart, 9859 Hyacinth Circi. North, PBG, addressed the Council,
C ARHAR'T
submitting a petition with 208 signatur,:c c_` City residents. This petition, in
essence, requests the Council to again allow the parking of vehicles on City
streets between the hours of 6:00 a.m. and 2:00 a.m.. (The City's Ordinance 11,
1982, adopted July 1, 1982, included the repeal of this provision).
MR. TF,RRY Mr. Terry Howard, 9816 Honeysuckle Avenue, PBG, addressed tle Council express -
HOWARB
ing dissatisfaction with the closing of the north side of Holly Drive to
vehicular traffic during; schnol hours; and the maintenance of the "Gardenia"
canal.
MR. RONALD Mr. Ronald Katz, 9832 Honeysuckle Avenue, PBG, addressed the Council echoing
KATZ
the comments of Mr. Howard re: the maintenance of the "Gardenia" canal.
MR. MIKE Mr. Mike Huey of the NPB /PBG Jaycees addressed the Council pursuant to the
HUFY
communication received September 22nd from Mr. Wayne E. Topper, requesting our
City to provide manpower and equipment for the "Christmas -Sn- Dixie" parade
this year.
. SAMUEL Mr. Samuel Carsillo, 10063 Dahlia Avenue, PBG, addressed the Council expressing
CARSILLO
concern re: the deterioration of the properties on the northeast corner of
}folly Drive and Military Trail; and joggers jogging on roadways within the City.
HR, SAMUEL Per the request of Mr. Samuel Laurie, 643 Riverside Drive, PBG, the Mayor
LAURIE explained the recommendation of the ",id hoc 1om,-tlttee" re: traffic patterns on
is Holly Drive. He was also advised that the City's "Community Activities
Building" is scheduled to be complete in January, 1983; and that there was a
chlorine leak at the City's swimming pool.
City Council Workshop Meeting, 9/23/82
Page 3
RESOLUTIONS: At their Regular Meeting of October 7, 1982, the Council will consider
RESOLUTION 37, auoption of Resolution 37, 1982, as amended. This Resolution establishes a
982
policy that n11 paved pa'-hways within road rights -of -way within the City are
for the concurrent use of pedestrians and persons riding non - motorized
bicycles.
ORDINANCES: The City Attorney was requested to incorporate the thoughts of the Council into
ORDINANCE 11, the July 22, 1981 draft of Ordinance 11, 1981, imposing a fire service and
1981 facilities fee on developers of structures exceeding two stories. This
Ordinance, which was read on first reading at the Regular Meeting of June 4,
1981, will be further workshopped at a future meeting of the Council.
ORDINANCE 16, Vice Mayor Monroe referenced the proposed salary pay plan for City employees;
1982 and suggested that salaries included in the proposed budget for certain
Department Heads are below that appropriate for their responsibilities and
lengths of employment.
Per the recommendation of the City aanae: d the concurrence of the majority
of the members of the Council, the annual salaries of the Fire Chief and City
Clerk were further increased by $200 and $500, respectively. Adoption of the
City's budget for the 1982/1983 fiscal year, via Ordinance 16, 1982, will be
onsidered at the Regular Meeting of October 7, 1982, subsequent to exercising
a duly advertised Public Hearing.
ORDINANCE 18, At their Regular Meeting of October 7, 1982, the Council will consider adoption
1482 of Ordinance 18, 1982, a "rewrite" of the City's Fire Prevention Code; and
its attachment, Resolution 44, 1932, with the thoughts o the Council
incorporated by the City Attorney. In the meantime, Mr. Lewis W. Lawder,
Director of Governmental Affairs of the Home Bui'.ders and Contractors
Asbociation of Palm Beach County, Inc., will provide the credentials of their
"fire expert" who commented on this proposed "rewrite ".
ITEMS FOR DISCUSSION
SALE OF ALCOHOL Subsequent to exercising a duly advertised Public Hearing at their meeting of
AT FRANK S
CALLANDER r September 14, 1982, the Planning & Zoning Commission adopted a motion recom-
PROPOSED mending to the Council approval of the request of Mr. Frank Callander to sell
RESTAURANT alcohol as a CG--1 (General Commercial) "r- onditional use" at d restaurant he is
proposing to locate on the west side of RCA Boulevar3, south of PGA Boulevard,
in an "out - parcel" of the Loehmann's Plaza.
Attornev Tom Yeager, authorized agent, addressed the Council pursuant to this
"conditional use" request.
City Council Workshop Meeting, 9/23/82 Page G
At the Regular Meeting of October 21, 1932, the Council will consider adoption
of a Resolution permitting the sale /service of alcohol, at retail, at this
® proposed restaurant - to be preceded by a duly advertised Public Hearing. in
the meantime, Attorney Yeager will provide the Council copies of the pertinent
written agreement between his client and the owners of Loehmann's Plaza to the
west.
ORDINANCE 11, During the workshop session on the City's Ordinance 11, 1982, adopted July 1,
1982
1982, the Council exchanged thoughts on the recommendation of Police Inspector
Hank Nolan re: the parking of vehicles on City streets. This matter will be
further workshopped by the Council at a future meeting. In the meantime,
members will submit any suggested wording they may have for the section of
the Code.
ABRF.EMENT OF The City Manager was requested to follow -up on the agreement of Mr. D. Stewart
HOLIDAY INN
TO LANDSCAPE M— erchar, outlined in a communication dated June 1, 1982, re: the owner(s)
PGA BLVD, of the Holiday Inn on PGA Boulevard landscaping the median on the artery, west
MEDIAN
of Interstate -95. The plans for this pr:,,e,�_ will require the approval of the
Council and the State Department of Transportation.
PETITIONS AND COMMUNICATIONS:
Mayor Kiselewski acknowledged receipt of communications from the following:
MR. CARL 1. Mr. Carl Sabatello of Shady Lakes Enterprises, expressing dissatisfaction
SABATELLO
in the City's lack of success in providing for a cut in the PGA Boulevard
median at the access road to their "Shady Lakes" PUD. Subsequent to
researching the Citv's records, the Mayor responded to this communication,
requesting any documentation Mr. Sabar_elio may have substantiating his
claim the City will provide for the median cut rather than assisting in
acquiring the State Department of Transportation's permission. (A con-
centrated effort has been made by the Citv to accomplish this, with
negative response from the DOT.)
MR. WAYNE E. 2. MY. Wayne E. Topper, requesting our City "o provide manpower and equipment
TOPPER for the "Christmas -In- Dixie" parade this year.
BOARD OF COUNTY -1 - The Board of County Commissioners, declaring its opposition to any amend -
COMMISSIONERS
RE: CASINO ment to the State Constitution that would permit casino gambling. This
GAMBLING Resolution was sent to the Governor and Cabinet of the State of Florida,
the presiding officers of the Florida Senate and House of Representatives,
each member of the Palm Beach County Legislative Delegation, and each
municipality in Palm Beach County.
City Council Workshop Meeting, 9/23/82
Page 5
BOARD OF COUNTY 4. The Board of County Commissioners, petitioning the State Legislature to
COMMISSIONERS appropriate funds for the immediate improvement of State Road A1Lernate
E: IMPROVEMENTS
TO ALT. A -i -A f A -1 -A in Northern Palm Beach County. This Resolution was sent to the
Governor, the presiding officers of the Florida Senate and licuse, each
member of the Palm Beach County Legislative Delegation, and each munici-
pality interested in the proposed road improvements.
JOINT LIBRARY It was noted that the Board of County Commissioners will be considering, at
FACILITY OF approx. 11:30 A.M. on October 7, 1982, the proposal of Dr. Edward Eissey,
TAXING DISTRICT
AND PBJC President of Palm Beach Junior College, for a shared library facility of the
Palm Beach County Library Taxing District and the college at their north
campus.
ADJOURNMENT: With no further business, the meeting adjourned at 11:35 P.M..
MAYOR KIS LEWSKI
11
VICE MAYOR MONROE
CITY CLERK
El
i/C6UNCILMAN KIEDIS
L'
COUNCILMAN ALDRED
LAW OFFICES
BRANT AND BALDWIN
330 FCOenAL POONWA•
® LAKE PARK FLORIDA 3303
TELEPHONE (30 5) 845-1700
WILLIAM BRANT June 15, 1982
W 13-WIN
T0: The Honorable Mayor and
Members of City Council
11
n
U
FROM: William Brant, Attorney
for Palm Beach Garden
RE: Ordinance 10, 1982, Prohibiting Use of Political
Signs within the City of Palm Beach Gardens.,
Since the City Council has under considers ion the adoption of
Ordinance 10, 1982, prohibiting the use of all political signs
within the City of Palm Beach Gardens, the undersigned cross-
checked the constitutionality of such action if approved by the
City Council.
Within Palm Beach County, the following municipalities have an
Ordinance in effect prohibiting all political signs within their
communities:
Atlantis North Palm Beach
Hypoluxo Tequesta
Lake Clarke Shores Juno Beach
The legal issue involved is whether prohibition of political
signs violates the First Amendment to the U. S. Constitution,
which pF: -nmits freedom of speech and freedom of expression. There
are several cases on point, one in New Jersey, and a United States
Supreme Court decision indicating that the prohibition of political
s-Lcjns located on private property is a violation of the First
Amendment to the U. S. Constitution.
There is no question in my opinion that the City Council can pro-
hibit political signs on any public right -of -way or upon public
property. The several Court decisions on point involve not only
political signs but also "for sale, for rent, etc." with each case
being decided upon its individual facts. The Courts have found it
extremely difficult to prohibit the use of political signs since
the inception of our Countrv. Banners and signs have been normally
used as a form of expression in political campaigns. The final
E
r 1
LJ
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decision should be resolved as a policy issue as to whether
political signs should be eliminated giving consideration to
possible violation of the Constitution. The Palm Beach Gardens
sign code is basically one of point of purchase signs except
for "directional" and "political" signs. To my knowledge there
has been no litigation involving the above six communities rela-
tive to prohibition of political signs under their Sign Codes.
The case recently involving the Town of Lake Park relative to
political signs was based upon a temporary injunction with no
time available for a final hearing before the pending election.
The Court found in that case the First Amendment to the U. S.
Constitution was violated by the Lake Park Code.
The foregoing is submitted as a guide for your consideration.
Respect".11y submitted,