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HomeMy WebLinkAboutMinutes Council 041681u CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS APRIL 16, 1981 The Regular Meeting rf the City Council of Palm 13oach Gardens waa called to order by Mayor Kiedis 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 Kiedis, Vice Mayor Martino, Councilman Aldred, Councilwoman Monroe, and Councilman Kiselewski. City Manager John Orr and City Attorney William Brarit were also in attendance. MINUI ES: The minutes of the Special Regular Meeting of Mlarch 26. 1981, were unanimously approved by the Council. as `- - -en. The minutes of the Regular Meeting of April 2, 1981, were unanimously approved by the Council, as wr {ten. ANNGUNCFt!E%TS: Havor Ki,,dis announced that a rneel ing o; the City's Site Plan and Appearance Rev)ej Committee will convene at 7:30 P.M. art Tuesday, April 21, 1981. PR0C.A1IATION : Mayor Kiedis read r, Proclamation proclaiming April 20 - 26, 1981 "Victim Rights Weel; ". MWMCNTS FROM THE PUBLIC FOR ITFMS NOT ON THE AGENDA: 115. HEI__C_N Ma. Helen Gallagher, Secretary of Tamberlane Condominium Association, GALLAGHER Inc., presented the Council a petition that read: "Please be advised that the following owners of Tamberlane Condominium Association, Inc., of Palm Beach Gardens, Florida, are requesting your consideration for a street light at each entranr_e of Tamberlane Circle. Tamberlane Circle is a semi - circle street having both entrances and exits from the",- Aveniie of the PGA. It is extremely dark, a hazard when trying to find the road to enter the complex. Thank you for your attention ". Mayer KZ edic; advised Ms. Gallagher the Council will take this request under advisement and discuss it at a future Workshop Meeting. Alb h1R. JULTUS Mr, Jdllt ;t; Privrn o1 the Longwood Condominium Association, addressed the �_RZVEN Council on behalf of the Association, thanking them for the bicycle /pedes- trian path recently installed along the Avenue of the PGA /PLlitary Trail segment of PGA Boulevard. City Council Regular Meeting, 4/16/81 Page 2 hIR. E. B. Mr. E. B. Shearin. Jr., 4567 Holly Drive, PBG, addressed the Council SHEARIN, JR. suggesting that the City become a member of the "City of Palm Beach ® Gardens Chamber of Commerce ". Mr. E. B. Shearin, Jr., owner of Shearins Hardware and Ranch Supply at 4223 Northlake Boulevard, PBG, presented the Council a petition signed by owners of businesses on the northwest corner of Northlake Boulevard and Keating Drive, requesting a curb cut in the median on Keating Drive. (This petition has been attached as a part of the record and will be considered by the Cow-.- 1 at a future Workshop fleeting. ) RESOLUTIONS: By the concurrence of the Council, the City Clerk rend in full RESOLUTION 24� Resolution 24, 1981, extending the permissible time for Florida Aircraft 1 Bi Federal Credit Union's use of a modular building at the RCA Plant. Pesolution 24, 1981 was unanimously adopted by the Council. RESOLUTION 25, By the concurrence of the Council, the n-'• Clerk read in full luSl Resolution 25, 1981, appointing a member and alternate members to the Zoning Board of Appeals. Resolution 25, 1981• vas unanimously adopted by the Council with t he name "Villiam Yarick" inserted in the blank of Section I and the names "Walter Fisher" and "James Roets" inserted in the blanks of Section 2. RESOLUTION 26, By the concurrence of the Council, tt,e City Clerk read in full 1381 Resolution 26, 198L appointing "Ms. Nancy Laurie" a member of the Cede Enforcement Board. Resolution 26, 1981, was unanimously adopted by the Council. ITEMS FOR DISCUSSION: DISCUSSION RE: At the 5peci:i Regular Meeting of March 26, 1931, Attorney Jack Srarnla ALLLGED VIOLA- ]IONS O f CODE of "Montgomery, _ tai, Reiter. Denney, & Searcy" addressed the Council OF ETHICS pursuant to the complaint he, a member of the law firm "retained to represent the interest of numerous concerned residents of the City . submitted, per the provisions of Section 2 -107 of Article VI Of the City's CoCe, to the City Manager for immediate forwardinq to the City Council for action. Subsequent to deiiberaLions, the Council scheduled this March 24, 1981 communication for discussion aL the current meeting. The following is a verbatim transcript of the dISCUSSions: City Council Regular Meeting, 4/16/81 Page 3 Mayor Kiedis "Item 1X on the agenda is Items for Discussion; and it's Consideration dft of request from Attorney Jack Scarola re: hearing on alleged violations of Cede of Ethics; and since it is kind of a sensitive subjecL, and Mr. Martino needs a little practice up here, why I'm going to turn the gavel over to him. O.K.? Will you accept that Mr. Martino? Here you go. Vice rid or Thank you, Mr. Mayor. This appears on the agenda under Items for Martino Discussion for the City Council. :lust to refresh E,,eryone's mr;.nory - several weeks ago, Mr. Scarola, Counselor the firm of Montgomery, Lytal, Reiter, Denney, & Searcy presented the City Manager with a letter concerning some alleged violations of one of our City Codes. And, Mr. Scarola apparentiy represents some concerned citizens of the City of Palm Beach Gardens, who at the present time remain anonymous. On behalf of the City Council and Mr. kiedis, and the Concerned Citizens of all of Palm Beach Gardens, I'd like to thank the parties who bring this to our attention. And, I'd like to ask the Cir• .torney if he would, at this point., enter lnio the discussion and concern himself with the memorandum that he presented to the City ro.incil and the circumstances surrounding Ask same. Mr. Brant Attorney Brent Mr. Chairman member of the Councii, at the Council's request, my firm did prepare a legal opinion referenced solely to the letter of complaint filed by lip. 5carota on behalf of concerned residents. I believe . each of you nave a copy in frort of vou, and it was made a natter of public record very Into Tueseay afternoon, Basically, in anticipation of the question. Whom does my office or vho does my office represent. i think that should brs in the record at thi:, point. I represent the City Council as a body. And this opinion is submitted to the Council as a body and not for the benefit or detriment of any individual member of the Council. Th � noinion is supposedly and should oe taken as a guideline - my understanding in concept-= of the law representing this Council as a full and comp] etc body. This particular case is a case of� i City Council Regular Meeting, 4/16/81 Page 4 Then, in addition to that, •,ve have Section 2- -106 - this pertains to vtolalions and states "Violation of any provision of this Article shall constitute grounds for dismissal from employment or removal from office or other penalty as provided by law. ". Then we go on to Section 2 -107 of the same Article and same Chapter and this pertains to the process or method of processing the complaint that is dust now pending before the Council to the point of full and complete consideration by the Council. Then, the Code is silent. If you d -tide to proceed either this evening nr at a later date t renduct a Public Hea*iig as to what procedures shoulo be followed in presenting of facts by Lhe petitioner, response by the respondent Councilperson, reaching a decision. I'm of the opinion that Section 2 -106, in speaking of removal from office, under that section, that's the maximum penalty prescribed. O.V.. It's not mandatory, in my opinion - that's the maximum penalty the Council could enact if the hearing should ensue. T vant to point out to the Council in henefit of the members nF th- -.ience here this evening - we have two other issues pertaining to this Code from outside bodies of law. One is the Constitution -if the United States under the First dAL Amendment - the question is whetter our .:ode provision 2- 106(a) is so qW all inclusive that rights guarante- -d to an individual are abridged under this amendment. I don't have an answer. I mean, there is a question nn this point pending. Further, we have a Statute enacted by the Legislature of Florida 104.31. 1 furnished a copy to each member of the Council and the details of that pnrticular Statute where it basically goes into the similar points of our Code, etcept tn- State Statute is not near as all inclusive. State Statute; pertains where the official office is used hasically where coercion or promise of reword is used by a member or officer of a public body in order to effect the outcome of an election. So the State Statute is not ail ir,rl,isive. We have, -it tic direction of the City tianager's office on April the 2nd requested a current Attorney General's opinion on this issue using Mr. Scarola's letter as a base submitt)ng as required by CLty Attorneys a basic brief to the Attorney Goneral's office. We have called him on the matter. They're overvorked and understaffed, etcetera, so I'm told, and it may be approximately Four ionthi, before they would render a current opinion. I submitted by brief. Mr. Kiedis did furnish me with annotated portions of Chapter 104.31, which I submitted, O.K., for a full and complete record pertaining to that Chapter. I have submitted to members of the Council three possible alternatives - one is to wait an Attorney General's City Council Regular Meeting, 4 /16/81 Page 5 opinion. I would like to point out for the record he is the highest legal officer of the State, but in a Court of law, his opinions are accented by the Court but they're not binding in any way on the Court. Ice's another lawyer, O.Y., with an official title and we from time to time, I mean, we can follow his opinion, he's the highest law officer of the State but however, courts are not bound by his opinions. With this feasibility problem involved, I mean, we look at four months and this again is a policy decision, r�ct mine - four months is a long time, I mean to have a pending issue. That's r),. point the Council ac a matter of policy should decide. I submitted another alternative to Council - and one would he in view of the question of the constitution- ality, as well as cairect possible direct conflict with the existang State Statute on this same point. The Council would consider filing what's called a declaratory ,judgment decree whereby all of the issues could be submitted to a Circuit Judge and then, permit him to rule on the firs7t issue as to the ccns:itiftiociais' and the results of the conflict of e\isting State Statute. Then, also as to the penalty pro- visions - I've rendered my opinion where I consider removal the maximum penalty. It says shall, alright, in that particular portion of the Code. The Court at that :-same time cot-id also rule on that point. This again, it's a policy decision of the Council. Thirdly, the Council has the preogative to proceed and 'near this complaint. Our Code is silent as to the method of procedure. So, therefore, ;;omethinrl has to be adopted to afford due process to the petitioner, his witnesses, as well as to the respondent Counciipercon and to his witnesses. So, looking at Chapter 120 of Florida Statutes, which is the administrative code of the State, in tha second part of it, if there's haarings before administra- tive agencies, and actually the Council, if their hearing is conducted, vould he basically sitting in that capacity, in a capacity, with, in effect, somewhat civasi- ,judiciel functions not as a policy- makinq body per se but you're here to hear testimony if the hearing takes place, reach a dec.i -ion and I think that particular portion of the act as that stageisreachecf, I could furnish you a copy of it - i think it lays it out in sufficient detail, where due process is accorded how the hearing is to he conducted, then the method of reaching a decision. The point being. with i declaratory ,judgment. and I'm not urging the Council to go as to any particular alternative - That's a decision only they and they alone can make. But the declaratory judgment - it's not necessarily to take the problem away frnm this Council table but it could negate the City Council Regular Meeting, 4/16/81 11 Page 6 question of going through a hearing, and normally, O.K., everyone present is aware of litigation in general. We've got (!) decision of Council would be, in my opinion, would still reach the Circuit Court by one party or the other - either the petitioner or the Councilman, depending on the decision made on the points of constitutionalities, 5t7tutory conflict, and also what the maximum penalty is. 5o these are the points I would like to raise to the Council an their consideration tonight. I think the Council must act on thepetition In some form, in some manner, within a reasonable perlod of `ime. Some action must he taken - otherwise, vie get into the question cr' nonfeasance because our Code, I can raise these points as to constitutionality, conflict of State Statute; but, however, any Ordinance or any statute that is adopted properly and is on the books is prima facie valid. As Attorney for this body, I mean, in no way can I suggest you ignore it, its prime facie valid Ordinance subject to these considerations which I have pointed out to you in my brief and also what we are da-c,ssin0 here this evening. So, I would suggest to you for your consideration for discussion before we get to a point to go on where Council, I mean, before the petitioner should be heard this evening, I ihink that before you get to that point, I think thn Council should get inio the question of formulatxnq how they are going to proceed on this petition. I think you're in opinion that is the point, I think you arise. I'll be glad to answer any ques- tions; the best I can, but t think, question; are going to come up one at n time ns we go on. Vice Mayor Thank you, PIr. Brant. Yes, Mr. Kiselewski Martino Councilman I'd like to ask Mr. Brant a question. Summarizing what you've said for Kzselewski about the last five minutes, basically we have an Ordinance that may not be constitutional and we can take two choices - we can use that ordinance and have formulate, a hearing and go through those particular motions or we can make a determination whether or not our Ordinance is constitu- tjonal. Is that correct? Attorney Brant Yes. Those are two alternatives, yes. Or you can wait for an Attorney General's opinion and then it's up to you as to whether you want to abide by his opinion. Councilman But that doesn't give us an }th;ncl, legally. i<i selewski Attorney Brant Well Councilman Yes and No Kiedis City Council Regular Meeting, 4/16/91 11 11 E Page 7 Attorney Grant The Attorney General - 1 can't answer it "yes or no ", D.K., as most lawyers can't. It's always the one hand for the other. The Attorney General is charged to give advisory opinions to the Governor. O.K., then if the governor is in doubt as to his opinion then he hlis the right to go to the State Supreme Court. But, now, his opinions are considered persuasive but they are not conclusive. Councilman The second part of the question is: If we were to determine that oui! Kiselewski Ordinance is in fact in violation of the Constitution - what action be then required under this petition by Mr. "carola. Attorney Brant deli, if I may point out to you with all due respect. You set 100 constitutional experts in the .roam, i think you'd find a divided body among legally- trained personnel and 1 Say that with respect, sir. I think for the Council to make the determination would be inappropriate at this present time. Councilman I didn't say that sir Kiselewski Attorney Brant 11y apologies, sir. Councilmar5 ldhat I'm saying is if we were to pursue the legal process to make the Kiselewski determination whether or not oui Ordinance was legal and it was deter - o:Lned that it was not. - would any further action be required then on the part of the petitioner? Attorney Brant No, the Ordinance would lip struck from, in effect, from our Code by virtue of the Court Order. Then, me would then he looking at the State Statute on the point to See if it was a violation under that and then the Statute would prevail in answer to your question, I'm sorry, I mis- unri - - }r )d you. Councilman Right, I didn't sad that we were quing to make that determination. Kiselewski Attorney Brant i'9y apologies Mice too or Mrs. tlonroe, an,, question. Martino CouncI 1voman Yes - well not a question, 1'd like to make a statement. Now that ve've Monroe LrrPivGd this information from Mr. Brant, we have - he has given its three choices and he thinks that we should choose one of these three choices. I vould like us to consider handling this ourselves. Our Code is quite large. If every time we had a problem with our Codes, or a question, we took ii to the Court, we would have trotbla getting on witn our City business. Hy .tittle bit of understanding of politics on the local and the state level,- - there's quite a few areas that could be questioned City Council Regular Meeting, 4/16181 Page 8 from time to time but I think that we should begin here following through ® the process. It was the Code - this particular part - all parts of the Code are adopted in good faith with .input from our City Attorney and at that time, it's thought to be in accordance with law. I think that we have been elected to follow our Code and in most of the time, it's a fairly easy thing to do, we enjoy what we are dorrg. Just because we hit a situation here that we're riot very happy that we have to deal with, 1 don't think that we should refrain from accepting the responsibility. So, T ask the Council to deal with this matter with a hearing -type administrative hearing situation. And, 1 _culd like to make a notion that we set a hearing for Wednesday, April 22. 1981, to consider the complaint filed by Mr. Scarola on behalf of residents of the City and I would aak the City Attorney whether we need to have anything else in that motion as far as procedures. vlee Mayor Mrs. Monroe, excuse me for a moment. I don't want to deter you from Martino making any motion this evening. but tho .re two other members and we are in a discussion phase -- perhaps, you could hold your motion until we've heard from Mr, Aldred and perhaps myself Counei lWoman O.K. Monroe Vice Mayor Thank you. fir. Aldred Martino Councilman I've had quite or taken quite a nit of time to ronsidor both the com- Aldred Plaint and Bill Brant's letter to us. And 1 toe I guess, am of the opinion that we should hold administrative hearings becau. ^,e by doing so, we can demonstrate that we as a body are capable of keeping our own house in order. And the issue that we have in front of us, In my opinion at least, is one of alleged violation of City Code sections. We're not empowered to resolve nor do I believe that we should dwell on State and /or Federal issues. Nov, the State has set certain de minimuc or minimal election rules. But cities do have and are empowered to, and the City of Palm Beach Gardens dyes in fact have more restrictive rules. We've been entrusted by the residents to make tough decisions on their behalf. And, I que ^,s no matter hour icmpting it might be to try to duck the issue. [ don't really think that we ought to (`') AM and therefore, I don't believe that we ought to send this matter to the Circuit Court. tith respect to the Circuit Court opCion, i believe that the process would be one somewhat more lengthy than holding administra- tive hearings. The City has enjoyed a fine reputation over the years, and I believe that this cloud, which has resulted from the allegations, City Council Regular Meeting, 4 /16/81 11 0 E Page 9 Counc,3 iman tiny I re ;pond? Aldred Vice Mayor Thank you, Mr. K. Yes, you may. 1lartino founcilmen O.K.. The operable word in the letter, the way I wrote 3t - wrote it? - Aidred read it, was may. Alright, may be unconstitutional Councilran That's correct Ki-elewski Councilman We have quite a number of ]Gus that we put on the books from time to time Aldred and is Linda did pocnt out, and I Ggree, mny be unccristitutionaI. Are ue to seek the assistance of the Circuit Court each time we consider a law, whicli we believe at the time that it's going on the books to not be unconstitutional? Councilman I believe we should if we are going to attempt to enact that law or Kiselewski enforce that law, it's fine on the books until you start to use it and that's where the difference comes. should be dispatched as quickly as possible. And, I believe the quickest method available to us is to hold the administrative hearings. Vice Mayor Any fauestions with Mr. Brant, Mr. Aldred? Martino Councilman No Aldred Vice Mayor Thank you Nartino Councilman I'd like to make a statement in addition to the questions I ha.: of Mr. Kiselewski grant,. I would disagree with Mr. Aldred. '-,jr the City to blindly go down the line and produce laws that would be in conflict to the laws of our country and then to hang our hat on those - I don't think it's correct - I think if our City has made an error and has in fact enacted a law that's in violation of the constitution, that we should clean up our awn skirts and get rid of such laws. And I would not be in favor of having a hearing by which we would act on our own laws and jeoprndize a particular individual's right under t� - 'ree speech portion of the constitution. I'm only quoting from Mr. Brant`q own letter, which he didn't quote from, in which i,p said it appeare that the Code provisions may he uncnnstitutional as abrioging 0-, right of free speech as granted by the First Amendment of the U.S rinstitution. Also, the Code pro - vi ^ion may be in conflict with the Florida Statutes. And for us to io ahead and have a hearing with our City Attorney that we pay good money for, giving us that kind of opinion, I think it would be foolhearty. Counc,3 iman tiny I re ;pond? Aldred Vice Mayor Thank you, Mr. K. Yes, you may. 1lartino founcilmen O.K.. The operable word in the letter, the way I wrote 3t - wrote it? - Aidred read it, was may. Alright, may be unconstitutional Councilran That's correct Ki-elewski Councilman We have quite a number of ]Gus that we put on the books from time to time Aldred and is Linda did pocnt out, and I Ggree, mny be unccristitutionaI. Are ue to seek the assistance of the Circuit Court each time we consider a law, whicli we believe at the time that it's going on the books to not be unconstitutional? Councilman I believe we should if we are going to attempt to enact that law or Kiselewski enforce that law, it's fine on the books until you start to use it and that's where the difference comes. City Council REgular Me6ting, 4/16/81 Page 10 Vice Mayor What we're trying to do up here is draw out some discussions so we can Martino feel each other out and I think we're starting to got there. I would like to add a couple of comments of my own at this point in the process. The letter -- Is Mr. Scarola in attendance? 11 11 Attorney )es Sir, I am. I'd like an opportunity to be heard if the procedure of Scarola the Council permits that. Vice Mayor Where are you at Mr. Scarola': Martino Attorney Right in the back, Mr. Martino. Scarola Vice Mayor O.K., Thank you. I certainly would like to give you an opportunity in Martino just a feu moments. Attorney Thank you, Sir. Scarola Vice Mayor The Attorney did - Our City Attorney did point out that there were zrtinn several areas of our Code, which conflict-,i with several areas of the State Code and some of them to me I feel need to be clarified by a body other than the City Council, As you well know, I'm sure everyone in the room knows that as an individual Council member, I have never been one to shark my respon;ibiliLicb. I like to find the process that will get the ,lob done for the busino.,s of the City with everyone's interest at heart. And that's the way I intend to pursue this matter. One of U10 arias in conflict is Section 104.35 - I'm just going to take a moment here to read this. This is in - probably in rebuttal a little bit to what Mr. Aldred had to offer. It says "Pending fuither clarification, this section as affected by laws 1974 /4 -13 should be regarded as an express legislative prohibition or preemption of municipal regulation of the political activities of all municipal officers and employees; and as as impediment to the exercise of municipal legislative power to regulate such activities. There are other areas of this Code, which, in essence, say that perhaps what the alleged violations are that Mr. Scarola points out that perhaps Mr. Kiedis did violate were not in violation of the State Statute and it appears like the State Statute take; precedence in this care. There are a lot of variations to which way you could pursue this as Mr. Brant pointed out to us. The item that concerns me and perhaps at this point, I would like to invite Mr. Scarola, if he wall, to join us here at the podium. Attorney Thank you sir. Scarola Vice Mayor Could you identify the Concerned Citizens for us please. Martino City Council Regular Meeting, 4/16/81 E 11 Attorney Scarola Vice Mayor MarLino Attorney Scarola Vice Mayor Martino Attorney Scarola Vice Mayor Martino Attorney Brant Lice t'ayor Martino Attorney Grant Attorney Scarola Attorney Brant Attorney Scarola No Sir. I'm not at liberty to do that at this time. May I ask why' Page 11 Yes Sir. The group that I represent includes a number of individuals mho are concerned about personal reprisals as a consequence of their involvement in bringing these matters to the attention of this Council. Personal reprisals from the Counc4.1? Personal reprisals, Sir. I didn't say from the Council. I dust wanted to clarify that. Mr. Brant can you help me here. Yes Sir. ;hank you. Can we have the members of the group identified? Normally, in response to your question with all due respect to Mr. Scarola. Normally, an attorney acts in an agency capacity. I don't think that he's compelled to state each and every person who may be directly or indirectly involved but normally the attorney does state who r.e represents. It could be one person. But to blanketedly say. I represent concerned citizens - I raise the question on the point. Cause the attorney is strictly in the agency capacity before any board or court. He represents a client or group of clients or one or two as a lass action. Correct me if I'm wrong sir. Yes sir, you're wronq. 0.K.. Do you have a basis for your opinion, Sir's Yes siz, I do. There is an Attorney /ClLent privilege recognized by the la s of the State of Florida. That privilege extends to the identifice- tion of a client in those circurnstances where identification of the client prejudices the rights of the client. I have stated clearly that my clients are concerned about reprisals as a consequence of being involved in bringing these matters to the attention of the board. there is absolutely no legal requirement whatsoever that any complaintant before this Council under the terms of the provisions of the Code by which this complaint was brought must be identified by me. In fact, it is not even necessary that the complaintants be citizens or residents of this municipality. I think that you will agree, for. Brant, that the City Council Regular Fleeting, 4 /16/81 Page 12 provisions are clear that any person may bring a complaint before the board. I'm a person and I'm here bringinq that complaint in a repre- sentative capacity and there's absolutely no requirement that I disclose the identity of my clients and in fact, I am legally prohibited from doing so by virtue of the piivilege that I am ablidged by my oath as an attorney to protect. Attorney Brant I rinn't totally agree with your opinion, Sir; but that's why we lawyers are in the business Attorney Yes Sir. I don't agree with a whole lot co tirhat you said in your letter Scarola either; and 'hope I have an opportunity to voice those. Attorney Brant I'm sure you don't sir. Vice Mayor Or. Scarola. Thank you for Your comments; and I appreciate your con - Martino fidentiality and I'm going to respect it at this point in the discussions. Attorney ihar,k You, lir. scarola Vice Mayor I asked you to come up here to give you an opportunity to briefly reflect Martino on your memorandum to the City Council and I would prefer that you do not challenge, if possible, the point: raised by the City Attorney. I'd like you to ,lust hear what your ccmrments are concerning the Ordinance that you are bringing to our attention if you would be so kind, sir. Attorney I'm not sure what you are asking me to do Mr. Martino and what you don't Scarola want me to do; but 1 do know That I'd like to say on behalf of my clients. Vice iIayor Well, J.K. - If I don't like what you say, i'll gavel you down. dart me Attorney I'm Sure you will. Sir. Scarola Vice Mayor Thank yo.i. Martino Attorney I `cage a number of brief comments, Mr. hart no, fly first comment is scarola that 1 uestion the q propriety of air. Kiselewski participating in these discussions. I'm pleased that Mr. Kiedis has seen fit to withdraw from participE,Liah Cr, the discussions but in light of the fact that the allegations specif,cally relating to the use of Mr. Kiedis' name per - tnins to thr use of that name in a political advertisement on behalf of fir. Kiselevski and you will note from a review of the allegations con - toanea wiLhin that letter that there is as great a chance that Mr. Kiselewski is guilty of an impropriety as there is that Mr. Kiedis as guilty of an impropriety with respect to that aspect of the allegations until such time as a factual determination is made. City Council Regular Meeting, 4/16/81 page 13 The second comment I would like to make is that Mr. Brant has addressed himself in his memorandum to this Council to only one aspect of the complaints that have been made. And that one aspect relates to that political advertisement. The complaints involve the allegations within my letter involve also complaints about which I don't think there can be any constitutional question whatsoever. I suggest there is no genuine constitutional issue with regard to any of the matters raised in that letter. But, 1 recognize that Mr. Brant has rendered an opinion which recognizes the possibility of a constitutional issue and does no more than that and very clearly and properly N�iits out to this Council that that Ordinance is presumed to be valid unless and until such time it is stricken down by a coc;rt. And, Mr. Brant has suggested a number of alternatives. The first of those being that ycu could wait for an Attorney General's opinion and he has also Pointed out the length of time involved and the fact that that would settle absolutely nothing because it is worth nc more than the persuasive value that the Attorney General may carry before any particular judge. The second alternative is the possioility of a declaratory judgment and I think it might be appropriate Aft if the Council were to address questions to Mr. Brant as to whether or VW not his staff has researched what str,nding this Council has to ask the Court for a declaratory judament in light of the fact that this Council is the bode that passed that Ordinance, presumed it to be valid at the Lime that it was passed. Who arr, you going to file a law suit against? You need an adverse party on the other side. There needs to be a real question of issue. The Court is not going to give you an affirmeral advisory opinion. I suggest to you that that is not a viable alternative for consideration by this Council because the Court isn't going to entertain your declaratory judgment actic.n and it is only going to, even if it is entertained, dispose of one vary narrow portion of the broad allegations of misconduct that are contained within the letter. The third alternative is the possibility of a hearing and I suggest that the c,ornments made with regard to the responsibility of this Council to con- duct such a heorinq are comrnents that ought to be persuasive to all of the Tnembers of this board. If this Council were to wait for an advisory opinion, from an Attorney General or would wait for a ueclaratory judg- ment by a Circuit Court every time it passed an Ordinance, whim is vihaF YOU would have to c .'o by setting this precedent, then you would get absolutely nothing done on behalf of the citizea-� of this community. You have a responsibility to aci, trith responsibility that ought not to be shirked by attempting to transfer the responsibility when things get tough to somebody else. Thank you, Sir. City Council Regular Meeting, 4/16/81 Page 14 Vice Mayor Thank you, sir. You may be excused. Martino O.K. now. Mr. Brant do you have any further comments you'd like to make or any further Attorney Brant Well, there is one item that I left out of my initial statement as to the potential length of time to obtain a declaratory ,judgment decree. I would estimate 90 to 120 days. I think that's material cause you're weighing time trying to reach your decision. Councilman Mr. Martino, can I ask Mr. Brant does he st•-re the same opinion that Kiselewski Mr. 5carola has about not having anyone to sue. VICE' Mayor Obviously Harkino Attorney Brant Well, if you want to go to the next step and get into procedure - the question you have to have an adverse party, O.K., - Mr. 5carola this evening hasn't divulged, O.K., not being required to ( ?� to state whom he represent, at this point. Normally , seed an adversary, O.K. - It's not true - a strict adversary suit that you normally see on tele- vision and Mr. Scarola pointed out. What you'resubmitting to the court are issues, ,justiciable issues, but yo do need a semi- adversary proce- dure - that as correct. Councilman Do we have that element? Kiselewski Attorney Brant Basically not at this point, 0,K., since we have noone other than the petitioner h -rc this evening, O.K., the Attorney is claimed privjleged at this point and privilege was granted by the Chairman. Vice Mayor Temporarily Martino Attarne,P rant Alright. Mr. Kiedis - or excuse me - Mayor Kiedis, O.K., is the respondent named in the complaint. So there's a question procedurally, O.K., uhether he would be the adverse person for reaching a determination of the several iosues. I do riot totally agree with Mr. 5carola - I don't want to get into a debate here with him this evening. I have the yreaj,est respect for him and this is not the appropriate time - I mean, this is why we have lawycrs and why we have courts. But, I think the court would and could determine beyond the general allegations of mis- Aft cenduct in office contained in the letter. Vice 113yor Thank you, Mr. Brant Martino Helen Gallagher Excuse me, could you use the microphone - we don't hear you. We don't {member audiencei e, hear you hardly at all. City Council Regular Meeting, 4/16/81 IE l Page 15 Attorney Brant I'm sorry, ma'am. D.K., cause I want you to hear - I'm sorry. Vice Mayor Mr. Kiselewski, ;vas your question answered sufficiently? Mart ino Councilman Um. I'm really - All I'm saying is if we should elect to make a legal Kiselewsk; determination as to whether or not Lhis Ordinance or this set of Ordinances and so forth are legal under the Constitution and under the provisions of the State of Florida, do we now have what we need to proceed on that basis. Attorney Brant I would need one more step - a point of i- 'arch - Mr. Kiedis is the respondent, G.K.. He has not replied to the petition cause we haven't reached the stage of an administrative hearing. This is where we start to get on the slight circle. Alright Councilman That's what I don't want to get on Kiselewski Attorney Brant I •now - I've been trying to keep the Council as a body from getting on what 1 call the squirrel mill - the ley— squirrel mill. O.K., uh, I cannot give you a 100% answer right-at this point. I would be unfair to the Council by se stating ,, lieu of the fact I do not know who any member of the petitioning group is. Vice Mayor Mr, Brant. I'd like to address this to the City Manager. Mr. 'Orr, in Martino any point did you request that these concerned citizens be identified when you received the letter. City Manager No Sir. My only response was - in request involving the Code was to John Orr receive a letter and once I received it, it was - I passed it on to the Council. Vice Ifayor 1'�c always had the trouble with the term concerned citizens. I always NarLino like to see the person that I'm dealing with face to face. It's one of the problem~ with the letter, wherever Mr. Scarola got off to Attorney I'm here, Sir; and you're free to vice me face to face any time you'd SCarOla like to - It's me. Vice Mayor That's not what the letter alleges and I don't want to get into a fiartino dialogue - you've had your turn. It's mine now. I would feel that we would have the same problem if we don't have an adversary If we went the other roule and had a hearing. So, at this port Attorney Brant Could I point this out to the Chairman? City Council Regular Meeting, 4/16/81 Vice Mayor Yes Martino N ge 16 Attorney Brant Excuse me for interrupting, Sir. At the time of presentation of testimony in a hearing, I assure you the Couns6l at that point in time is going to be required to Produce witnesses. I would think, O.K., things would develop wtthin the hearing on that point, Vice Mayor Possibly Martino Attorney Brant In answer to your question Vice Mayor )Jell, I'm going to throw+ it back over to the members now. Mrs. Monroe, flartino you were about to make a motion a little while ago. Are you of the same mind. Do you have any further d)scussion or anything you'd like to say' Councilwoman I'm of the same mind. 1'd like to - Is it appropriate at this time then Monroe to continue or do you want to ask for any further comments? Vice Mayor Mr. Kiselewski Martino Councilman Can I ask dust one more question of Mr. Brant Klselewskl Attorney Brant Yes Sir. Councilman If we're not in an administrative hearing portion of which Mr. Kiedis Ki se, lewski would not he able to participate, how does he sit at this particular point as far as a vote as how to handle this Vice Mayor procedure flartino Counciiman Procedurally - Does he now have a vote or does fie now not have a vote Ki ,jcl^w5!<3 Attorney Brant I mean, for the record - our code is silent on the point of time of disqualifications. I have no alternative but to go to the State Statutes which I -onsider pertinent. Chapter 112, U.K., pertaining to the Code of Ethic;. And, Chapter 286, which also contains portions of the Sunshine Code. O.K., under Chaptei 112 the question beznq "should Mr. f'iedis be denied the vote on proccdurall,y "- this .113 a tough one for me - but I am of the opinion that at this point ne can cast a ballot on the coin" cause all I have is a guideline here is Chapter 112 where we tali- about voting c_cnflictn. If I may, I'13 read it to you. It says Aft no public officer shall be prohibited From voting in his official cap- acity on a,iy matter. Hovever, any public officer - Do you hear me out there ma'am"? City Council Regular fleeting. 4/15/81 11 2 11 rage 17 fielen Gallagher Not too well (member of audience) Attorney Brant O.K.. however, any public officer voting in his official capacity upon any measure in which he has a personal, private, or professional interest and which inures to his special private gain or the special gain of any principal by whom lie is retained shall, within 15 days after the vote occurs, disclose the nature of his interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting. O.K., in this c e, by virtue of the complaint on the face of it, the records still must be filed that he is the named respondent in the letter of complaint. And, I would submit that he would have the right to cast a ballot. lie would have to file the memor- andum and looking through i.he many, many opinions of the Cthics Commis - sion, the Attorney General's opinions, and the few cases on the point, then say in these tight cases, O.K., is up to the personal conscience of the person casting the vote or his pc rsonal dictate; and that's the best point that 1 can make on this particular item. M2yor Kiedis Thane you. I wasn't sure. Vice Mayor That answers that question. f iartino Councilman Well, J ,lust wanted to know where we stood - that's all. t<i ele r ki Vice Mayor O.K.. The chair would enteriozn a motion at this point, if there's one Martino to be made. if not, the chair uould make one of his owr- Councilwoman fir. Chairrran. I would like to move that we set an administrative hearing Nonroe For Ldednesdey, April 22, flember oF We can't hear you - push ik over to you - louder. -1dience Vice Mayor Get it on the record Martino Councilman Speak into Lhe mic. The nataves are netting restless. Kisclew ;hi Vice f1a"cr Yeh Martino Councilwoman I'd would like to more Lhat we set an administrative hearing for Monroe Wednesday. April 22nd, 1981, to consider the complaint filed by Mr. 5coroln Councilman Second Aldred City Council Reqular Meeting, 4/16/Bl page 18 Vice Mayor Mrs. Monroe. Would you - er, we're in the discussion phase now. Mart -,no Are you interested in the respondents or I should say Mr. Scarola's 0 clients -- - - who they are? Councilwoman T don't believe it's important as long as a question has been raised. Monroe I don't think it matters whether there's one person or all the residents of the City. If a complaint has been raised, I feel that we should accept th(f responsibility of responding to it. Vice Mayor To an anonymous complaint - - - on behalf of the citizens? Martino Councilwoman Anyone. it what has been said is that-it doesn't even have to he a Monroe resident of the City according to Vice Mayor Well, that's up to debate. That's Mr. Scaroia's point. That's up to Martino dF1bate Counc�lwornan alright. But if there has been a giieetion, yes. I believe it should be 1onroe accepted. Vice �`Iavor In other words, you're not .interested in who the concerned parties are Piartina so we can say thank you' Councilwoman No sir, I on not. Monroe Vice Mayor thank you. Is there any other discussion on the motion? Martine Councilman I unuld like to ^,ay at this point to describe why I'm going to vote the K�selewskr way I'm going to vote, is that I reel it's a very poor way to handle this matter, if we're reallv not sure of what we're going to do at a hearing based upon some laws we're really not sure are JOgal or not. I think it's a foolhearty venture and 1'17 say no rnorr, until my vote. Vice Flavor Am other discussion "? ilartino Co,-Incilman Yeh, Mine. Um. I would like to ;av that we have been informed by the Aldred City Attorney that an Attorney General's opinion would take opproximately Four months to obtain and It LCC1uld be for all lnt en:]lve purpos(`s worthlo ss Therc seems to be cons;derahle douht as to whether or not we have anyone whom ue can suL;and therefore, would net be able to or perhaps might not be able to pursue the declaratory judgement in the Circuit Court, which would .also take three to four months. I believe that we can dispatch thin matter and get on ,rrth our business more quickly and work to the better interest of our citizens by getting the matter over and behind us by going through our administrative hearings. City Council Regular Meeting, 4/16/81 Page 19 Councilwoman Might I add one more thing? Monroe Vice Mayor Cartainly, we're still in the discussion phase. Martino Councilwoman I would think that the administrative hearing, regardless of hou any one Monroe of the five of us would vote would put this matter to rest and it gives each of us the opportunity of casting the vote as to the allegations, the legality, our own opinions, at the tame. I also feel that - as I mentioned, there are parts in ou3 code - I could open up a bi, one here and say one of the things we talked out tonight - our Code Enforcement Board - I've read things - there's questions about that one - now, the question is do we also table that and anything else that has a question raised urtt% alI of these things have been heard or do we proceed •- and because of that type of thing, I think that we should proceed and put it behind us. Vace Haver Well, not to get into a prolonged debate; but, the cloud on the question Martino riot Dolt' surrounds the allegations concei ing Mr. Kiedis or Mr. Kiselew- ski - a cloud also surround: the constitutionality and the - of the Ordinance .itself with the Countr; -'s Constitution and also State Statutes. I hplieve that's , cloud an itseli' that should also be addressed and we could not do that of u hearing. Ary ether discussion" Attorney Mr. Cha2rman B3-ant VICP Mayor Ye -, P1artino Attorney If 1 may, could I make this request of the Council. G.K., I am not Brant 100" sure as to the adversary part in view of what happened here this evening nor am I asking the Chair to puraue the confidentiality of the attorney client relationship with the petitioners' attorney. This may be an amuo-;ition cn the Council and it's no effort, T mean, to stall these proccedirins. Could the Council hold a brief Special Neetting early next week where I r:tn give you my frank and honest opinion documented one way or another on the point. I in no way want the Council to go off a,3 1 pointc(i out earl it -,r and yet in any wav to get on any fore; of legal sga).rrel- That's not my function. My object is to keep clear and concise as possible and .impartially as possible here. When I'm in doubt. I mean. I'm the first one to admit it as you krow from :ny past record. I don't want to create an imposition on the Council but howevez, I want to be absolutely sure and 1 don't want a vote to be taken here this evening. I have no idea how the vote will go; but, City Council Regular Fleeting, 4/16/81 13 U El Park 20 however, I want to be absolutely sure on that point for full and complete clarity for each and every member of the Council. Councilman On what date would You suggest that such a meeting be held? Aldred Attorney Brant I would suggest - I understand there's a meeting Monday night. Mr. Orr .invited me to attend and probably all members of the Council will be in attendance on a zoning matter. Correct me if I'm wrong Mr. Orr. Am I correct there's going to be a presentation pertaining to the Land Use p ian? City Manager John Orr Attorney Brant Maybe earlier in that meeting scheduled - it's not up to me - I'm only suggestinq and in no quay dictating or maybe Tuesday evening a very brief meeting where I'll have a very full and complete readout on the point. When I'm in doubt. I'm willing to admit it. Councilman Nov, that would be Monday. Would we h- -1-ie to between now - I guess I Aldred havc a question for both you and John and through the Chair post a special meeting notice so teat we can go ahead and come to a conclusion an this as to which way we're going t, go? Attorney Brant That- would be the procedure if tr— Council decided to table the matter to a time and date certain. Vice Mayor lle'r- alsr, going to meet next Thursday, right? Martino Councilman That's true. Kiselew-k Vice Mayor So, probably it would be easier, if this is the route we're going to take, Martino to postpone it to the Thursday evenin, meeting because there would be more time to deliberate it. Councilwoman Mr. Chairman, T believe that's a workshop - is it not? Monroe Councilman llell, that can he changed Kiselewski VJce M2VOr Uhat we're going tc he doing would be to postpone or table or move than, Martino _ recess this particular portion of our Regular Meeting to a time and date certain,, which I believe is legal still. Councilman That';: if you take the motion off the floor. {r 1�ei:iwSKL i Vice Mayor Right. I haven't dispensed with the motion yet. This - we're still in Martino the discussion. Is that correct, Bill? City Council Regular Meeting,? ^/16/81 Page 21 Attorney Brant Right. Weil, I would also suggest if you decide to go in this method, I mean, to post the usual notice as if it were a special meeting to show there's no question of legality once the vote is taken it'o binding. Mayor Kiedis Can I ask him a question? Vice Mayor I don't see why not. Mr. Kiedis would like to ask a question. Martino P'ayor Kiedis Bill, Attorney Brant Yes, Sir. Mayor Kiedis You're asking for a few more days to res rc what? You've had Attorney Brant The point Mayor Kiedis One moment please Attorney Brant I'm sorry, Sir. Mayor Kiedis You've had approximately two weeks to research whatever you were going to research; and now you want further tim- to what, exactly? Attorney Brant When I considered giving a recommendation as to the declaratory ,judgment proceeding, I expected, O.K., a person or a member of the class to be presented by Mr. Scarola here t',is evening. They're the ones raising the complaint; and there's no cr,minal violations involved -- it's strictly a decision is to be reached by the Council. 'O.K.. that is not the case. You have not responded officially to the complaint nor doe.^, the Code sugge,,A. that you do, Sir. So, in in adversary - excuse rout'- - in a declaratory judgment proceeding you'd need someone who's raised a point and you, the Council as a body, in turn raise a question that's the legality of the point raised. And that's the point I wish ',_,, research if thr Council should vote for declaratory action - then I want to be absolutciy sure T don't go to Circuit Court and the motion d2smi9sed. U.K. - it be si -ruck and we're back here where we were hcze this evening and I want to be doubly sure on the point in making recommendation to Council. This was the turn of facts here this evening I did not antici- pate, Sir, and that is the reason why this, Sir, day of delay or so I can draw a proper opinion and be r- ascnablq sure what I'm recomm- nding. That Ls the reason, Sir. Vice Mayor h1r:. Monroe, would you be willing to withdraw your motion based en the Mnrt- ino comments From the City Attorney. Councilwoman I would prercr to keep the motion, knowing that on Monday, if we were to Monroe choose that date, if the motion is killed tonight, then he could make - Mr. Brant could make the recommendation one way or the other and then we City Council Regular Mebting,.a'/16 /81 L] E Page 22 could have a new motion at that time to proceed in whatever direction. But, that's still my preference. Vice Mayor I would think that if the motion - let's say defeated this evening, then Martino the Council has attempted to take action and that's where it will lie. Councilman Since I'm at liberty, let's call the question, Michael Kiedis Vice Mayor All those in favor of the motion Martino Councilwoman Aye Monroe Councilman Aye Aldred Vice Mayor All those opposed Martino Mayor Kiedis Nay Councilman Nay Kiselewski Vice Mayor Nay Martino Vice Mayor The motion dies three to two t1ort Lno Bill Markham _ I cart stanj th -'s horse (member of aud- ience until this point of meeting) Vice MayoL Mr. ttarkham Martino Councilman Mr. Acting Hayer. In light of Mr. Brant's legal opinion and based upon Kiselewski him being our guiding light for a number of years as our City Attorney, I would move that we instruct Mr. Riont to take whatever legal action he deems necessary to determine the constitutionality and legality of the particular Ordinance in question. Mayor Kiedis End of your motion? Councilman That's the end of my motion Kiselewski Mayor Kiedis I'll second the motion Councilman We have discussion? Aldred Vice Mayor Certain]y Martino City Council Regular Meeting,.3 %16 /81 Page 23 Councilman U.K.. It is my understanding that we have attempted to take action and Aldred that, therefore, we have no duty to proceed with any sort of litigation is on this subject - no duty to Councilman I feel we do Kiselevski iUUnCI l mein I don't see that we do have Aldred Councilman the City Attorney Kiselewski Councilman Well, Iguess what I am saying is why shoui' we, go ahead with it? Aldred Vice 1layor I could tell you why I'd _ike to go ahead with it - because I still feel Nartino the primary point that was ra -ised with all of this or one of the primary points is the fact we do have an Ordinance that possibly does violate State Statute requirements and also constitution requirements. So, I'd like that question answered. T think that's as important as any- thing else that was raised and I said than nfront and say that at the tail -end. and, that was the -issue that I thought we could have resolved with due to the declaratory judgment. Aft Councilman I'd also like to reply to Mr. Aldred. Ir we come to find out then that Kisolewski our Ordinances are in fact uood, v, -lid, legal, I think that wc, yell Mr. Scarola - that hearing that he's requested. But I think it's, as I said before, until we know whether it's legal or not why proceed on that basis. Tf it comes back and a determination has been made that our E ordinances are in fact valid, you do it, then I think we should do ,lust Vhnt iIrs. '1cnrce suggested - Set up a hearinq and hear the matter. Utcr, N13yor O3LJt, is there any other del-iber.ntions that we have tc pursue under this Martino item or can we move on with the agenda's Councilman You have a motion on the floor Kiselevski MNyor V3ed-is You have a motion on the floor, sir. U-ice Mayor Yeh, we're sti1J under discussion Martino Attorney Brant Uther than the point raised here. In other- words, tl-e action Bunt taken by the previous notion the vote thereon is not the action contemplated under the Code. 5o, I mean, set up the action and alternatives. In other words, the complaint has to be responded to an some form, O.K.. Under our Code, it doesn't set any time 1-imat when you must take action pertaining to the complaint, Alright, the Previous motion dealt strictly with should you proceed immediately with a hearing thereon. O.K., the motion was "no ". Alright, then the next point the COUFIC21 City Council Regular Me- ting,13�16 /81 Page 24 then has to consider, in my opinion, some form of alternative as to action. Vice Mayor Does Mr. Kiselewski`s motion give us that alternative? Martino Attorney Brant That is one alternative. Vice Mayor That's one alternative Martino Attorney Brant In my opinion Vice Mayor O.K.. Any other discussion on the mot h' - ^,11 those in favor of the Martino motion which is to seek a declaratory ,judgment, please signify Councilman Nope, excuse me. The motion was not made that way. It was to pursue Kiselewski whatever legal action is necessary to determine whether our law is valid. Whether that's the correct route or not. I don't know Councilman But that can only be done. I'm under the impression that can only be Aldred done through the Circuit Court. Is tha} - meet? Councilman Well, I don't know whether - Mr. Brant isn't - There may be some other Kiselewski area. AML Attorney Brant Or, If I may, or an Attorney Gen >ral'c opinion, O.K., And then you deem the value of the opinion. G.K. Councilman Whatever way - I'm not going to tell you how to do it Kiselewski Councilwornan 6Je've already done that Monroe Councilman Huh? Kiselewski Councilwoman We've already clone that Monroe Vice Mavor We've already requested the Attorney General's opinion - that's on the ino Martino way Attorney Brant That is correct sir. Vice tlaycr O.K.. So we've already covered that area of the Attorney's suggestion. Martino We've already requested the Attorney General's opinion. That's one method we've covered to take care of the point. The second method would be the declaratory judgment route. Aft Councilman Alright. Now, under the motion that you have given, I feel like I'm Aldred giving the Attorney a blank check. And I feel uncomfortable with that e City Council Regular Meeting, 3/16/81 11 NE Page 25 Councilman Maybe I should clarify the motion to state under the route as subscribed Kiselewski by Mr. Brant in the filing of the declaratory judgment. That clarifies the motion. Item 1, Page 2 Mayor Kiedis He's amending the motion; I'll amend the second Vice Mayor Q.K., Is everybody clear on the intent of Mr. Kiselewski's motion"? Martino Mrs. Monroe, are you clear? Councilwoman Monroe Vice Mayor 0.1C. Uick7 Martino Councilman I ,rust, I dust don''z sce you know at this particular the issue is Aldred finished and I U.LCC Mayor Not. according to the Attorney - it's not if T understood what his comments Martino were - that's why T'm letting this discussion ride on here counCllman Oh Aldred Vin_c Mayor I want everybody to fully understand what we're doing here. Martino Councilman The matter isn't finished, Mr. Aldred. As T understand it, we still Kiselewski have to nnswer Mr. Searo.la Vice Mayor Answer the complaint Martino Councilman And his concerned citizens K1SClew ,Ili Councilman O.K. Aldred Vice Mayor G.K. O.K.? tlart?no KledLs Sure Vice Mayor !'11 call she question, then. All these in favor of the motion, please Martino signify by sayirg ,lye Mavor Kiedis aye Vice Mayor aye f fart ino Councilman aye Kiselewski Vice Mayor All those oppo3ed, signify in nay Martino Councilman nay Aldred Councilwoman nay Monroe City Council Regular Meeting, - 3/16/81 Mayor Kiedis O.K. Vice flayor The record reflects two nays and three ayes Martino Mayor Kiedis The City Attorney has his direction r.1 El Page 26 Vice Mayor Mr. Brant, do you have sufficient direction to proceed" Martino Attor,iey Brant Yes Sir Vice Mayor Thank you. I will now relinquish the gavel and we can proceed with the Martina rest of the meeting. PETITIONS AND C0IIMONICATIONS: Mayor Kiedis acknovledged receipt of communications from the following: MS. EMILY OBST 1. Ms. Emily V. Obst of Obst and Associates, Inc., reminding the Council of her $2868 invoice far "additional" architectural services she rendered prior to the Community Activities Building being placed bercre the City's electors. Per th, uuncil's re(iucst, the City Attorney submitted a Legal opinion, in writing, as to the City's obligation to remit these rrl,-)nres that exceed the amount (i.e., $1000) in the approved proposal. The Co— cil vill discuss this invoice at their 4JQrkshop Meer-ing of April 23, 1981. POGYAA 2. Mr. Edwin D. McConkey, President of the PBCYAA, requesting permission for the Association to use the City's Cen'-ra1 Fire Station for their fund- rni =iing activity on May 9, 1981, In lieu of on pay 2, 198,1. Members of the Council did not express objection to this amendment to their February S, 1981 approval. CO. COM11I5510Nf_f; 3. Mrs. Peggy R. FvnLt, County Commissioner for District No. 1, con - PE(;i:Y E.VATT —T gratulating the Mayor for his appointment by the Council as 1981/1982 Mayor of the City. MS. NANCY JEAN 3, [Is. Nancy Jean Laurie, 10891 Larch Court, PBC, thanking the Council LAURIE for her appointment as member of the City's y's Code Enforcement Board. REPORTS: Councilwoman Monroe reported on "Commissioner Cvatt's Semi- Annual Meeting COUNCIL410_MAN with North CounLy Htinicipal Officials" she and Mayor Kiedis attended FIONRUE at the Northeast County Courthouse on April 13, 1981. At this meeting, they reviewed the Status Report on oraposed roaJway and recreational improvement;. Councilwoman Monroe reported that she attended the General Meeting of the Palm Reach Gardens Fire Department, Inc., on Tuesday, April 14, 1961. City Council Regular Meeting, 4/16/81 Page 27 CounClLwo6man Monroe reported that yesterday morning she and Councilman Kiselewski attended the first official meeting of the Palm Beach Gardens Chamber of Commerce, Inc.. COUNCILMAN A motion was unanimously adopted by the Council that the City become KISELEtJSKI a Charter Member of the Palm Beach Gardens Chamber of Commerce, Inc. - with the annual membership fee in the amount of approximately $100 to be taken from the Council Contingency Account. VICE MAYOR Vice Mayor Martino reported that he attended the Recreation Advisory MARTIND Boards' meeting of April 14, 1981. The ,ujL2s of this meeting are on file in the City Clerk's office. EIAYDP Mayor kiedis reported on the Planning and Zoning Commission's meeting VIEDIS of April 14, 1981. The minutes of this meeting will he placed o^ file in the City Clerk's office. ITEMS BY THE CITY MANAGER: MTG. WITH BAN_ the City Manager announced tnat the pul,,.,2 is invited to attend the KERS LAND CO. 5F3eczal Joint Meeting of tht Council and Planning and Zoning Commission WORK.iHOP OF on Monday, April 27, 1981_ At this meeting, representatives of Bankers COMP. L/U/F qW Land Company will give an overview of .ne usages they propose for their lands within the City. Also, there will be a Special Workshop Meeting et the Council on Thursday, April 30th, for the purpose of considering the input of the various regulntory ngencies re: our proposed Comprehen- sive Land Use Plan, R1QUFSTFD IPITFP,- the City Manager reported that he rest:unded to the (larch li, 1981 com- SCCTION IMPROVE- MENTS BY COUNTY �- munication of County Engineer Herbert Kahlert with the Council's request that the County Commission include in their 1981/I9B2 Budget monies for the installation of stacking lanes at the three intersections south of }Folly Drive on Military Trail. In tho near future, construction Brill commence on the installation of a center turning lane along the Johnson Dairy Road /PGA Boulevard segment of Nilitary Trail as requested by the City. The County is also proposing to locate a center turning lane along the Holly Drive /Thompson River segment of Military Trail with these monies in the PCA National's Road Impact ("ees account. 19B1/1992 aL the Woi;shop Meeting of April 23, 1981, the Council will discuss the BICYCLE PROJECTS -� - location of bicycle paths they would like the County Commission to con- sider for inclusion in their 1981/1982 Budget on a 50/50 cost - matching basis. City Council Regular Meeting, 4/16 /83 Page 28 MTG. OF P. B. CO. The City Manager reported that he attended the April 13, 198.1 meeting PLANNING CONGRESS of the Palm Beach County Planning Congress. At this meeting, Mr. Wm. "broad" E. Finley, President of Bankers Land Company, gave a overview of the usages they plan for their 14,000+ vacant acres in the County. COMMUNITY ACTIVI- The City Manager reported that he and the Recreation Director had a TIES BLDG. meetinq today with the architects for the City's Community Activities Building; and hopefully, some of the preliminary work (i.e., projections, elevations) will be accomplished by the next meeting for the nouncil's review. RECENTLY PUR- In response to Mayor Kiedis, the City Manager advised that the Fire CHASED RESCUE Deportment's Rescue Van will p go into service on the date of its dedica- VA tion, April 26th. ITEMS BY THE MAYOR AND COUN TL: COUNCILWOMAN Councilwoman Monroe recommended that the "Welcome Letter to Residents" f UNR -- -- - - -- be modified to indicate that all ten of 'h,, City's tennis courts are IIELCONEE LETTER open for play by all residents. The membership is eligible to make TO RESIDENTS reservations on eight of tt, courts. APPOINIMENT OF Councilwoman Monroe noted that ;•1s. La•-le's "thank you" was prior to 11EMBERS TO AD1lI- SORY BOARDS the time her appointment to the end: Fnforr_emenE Board became factual, and that passing on information only potentially correct could result in an embarrassing situation for the applicant /Council. COU%C]!_fb1N1 KTS- 'ounc-ilman Kistlewski reiterated his requests that 1.he Council receive: L El1SKI a clarification as to the City's relationship with the Senior Citizens INrORMAT ON �N�ORMAT7O;' OrganizL�tion :,nd whether the City is uniformly supportinq all senior citizens in the community; data from the Police Department as to where the figure in the press report he referen ^ed at the April 2, 1981 meetinq r"Unr from; and ri ccst e-�tirr.ate for the City to identify street addresse^, ,, locating the number-) or the curb,,ng,pavement. WORKSHOP OF Councilman Kiselewski suggested that the format of the agendas for City COUNCIL AGENDA Council meetings be discussed at the Workshop Meeting of April 23, 1981. CCMMUNITY SCHOOL The "Community School Program Agreement" betwern the- City and thr, .PROGRAM ACRES MEUT Psrim Beach County School Board will be workshopped by the Council at their meeting of April 23, 1981, PR03ECTOR FOR In response to Cc,,r-ilman Kiselewski, the Citv Manager advised that he ASSEMRL� ROOM has started the mechanics in looking into a � projector/screen for the Assembly Room. City Council Regular Meeting, 4 /36/61 Ppge 29 NON-SUBSCRIPTION Councilman Kiselewski suggested that the non - subscription newspapers NEWSPAPERS be requested not to throw their papers on the l.auns of hom-owners that have not indicated a desire to receive them. Otherwise, they should be placed on the doors. I -95 TASK FORCE_ Councilman Kiselewsk>_ announced that the Interstate -95 Task Force will MTG be meeting at the Tequesta Town Hall on April 22, 1901 at 4:00 P.M.. The District #4 Engineer will be representing the State DOT at this meeting where they !ill receive an update on the funding for Irterstate- 95's completion. ENFORCEMENT OF Councilman Kiselewski requested that the City's Code pertaining to SIGN CODE off - premise signs be enforced. Councilman Kiselewski provided the City (tanager a list of those signs he believed were in violation of the -current code, suggesting that the City ejther remove the signs or put the owners on notice. GRAFT_ nF TREE_ Mayor Kiedis reported that the draft of the "Tree Preservation Ordinance" Ti0ti ORU_%NANCE ORDINAV Vas recently distributed to the City Council, the Planning and Zoning Commission, the Site Plan and Appearance Reviev Committee, and the Aft C3rautiflcataon and Environmenta' Committee: and suggested that the Council await the input of these advisory board:: prior to workshapping the draft. CALL FOP Blr)5 in response to Moyor Kaedis, the City Manager advised that the Public COMPLETION' OF P .__!JO_R_ V S F�L D�; Works De artment is re arinc the sec_ fzcatxonr for the Call for [aids P' P P 7 P for the c.ampla -taon of the new building at the yard. AGJCURNMENT. With no further buy,iness, the meeting adjourned at 9.46 P.N.. MAYOR Ki,£DIS COUNCILMAN ALDRED COUN(iLt1AN hiARfINO F COUNCILWOMAN MONROE Auk - ) =_.�s_ �.!• COH €JCILMP,N KIS LEw,,KI i' CITY CI CRK