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
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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
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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
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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