HomeMy Public PortalAbout01 26 15 Special MeetingMINUTES OF THE SPECIAL MEETING HELD BY THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, AT THE UNANIMOUS CALL OF THE COMMISSION, ON MONDAY,
JANUARY 26, 2015 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN
HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order.
Mayor Morgan called the meeting to order at 9:00 A.M.
II. Pledge of Allegiance.
The Pledge of Allegiance was led by Mayor Morgan.
III. Roll Call.
Present and Scott W. Morgan Mayor
Participating: Robert W. Ganger Vice Mayor
Joan K. Orthwein Commissioner
Thomas M. Stanley Commissioner
Donna S. White Commissioner
Also Present & John Randolph Town Attorney
Participating: William H. Thrasher Town Manager
Rita L. Taylor Town Clerk
Garrett Ward Police Chief
Christopher O'Hare Resident
Martin O'Boyle Resident
IV. Commission Action.
A. ORDINANCE NO. 15/1; AN ORDINANCE OF THE TOWN COM-
MISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY
FLORIDA, AMENDING CHAPTER 66, ZONING, OF THE TOWN CODE OF
ORDINANCES, AT ARTICLE VII, NORTH OCEAN BOULEVARD OVERLAY
DISTRICT, BY DELETING SECTION 66 -327, SIGNS, IN ITS
ENTIRETY; FURTHER AMENDING ARTICLE VIII SUPPLEMENTAL
DISTRICT REGULATION, DIVISION 7, SIGNS, BY DELETING
SECTIONS 66 -446, 66 -447 AND 66 -448 AND REPLACING SAID
SECTIONS WITH REGULATIONS WHICH ESTABLISH NEW TIME, PLACE
AND MANNER CRITERIA GOVERNING SIGNS IN THE TOWN AND
RENUMBERING EXISTING SECTION 66 -449, UNDERGROUNDING OF
UTILITIES, AS SECTION 66 -450; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE - second
reading & adoption.
The Town Clerk read Ordinance No. 15/1 by title on second reading.
Mayor Morgan asked for comment from the Commissioners and there
being none, then asked for comment from the public.
Christopher O'Hare was
conflict between Secti
Ordinance Number 15/1.
replied that he saw no
conflict, pointing out
numerals and signs.
recognized and commented that there is a
:)n 66- 447(a)(4) and 66- 448(g) in this
Upon reading these sections Mayor Morgan
conflict and Attorney Randolph also saw nc
that there are separate definitions for
Town Commission
Special Meeting
January 26, 2015
Mr. O'Hare stated he just wanted to be sure he understood the
ordinance as there are penalties throughout the Code which he
referred to by section numbers. He then called attention to Section
66- 446(b)(1) and was concerned that it includes that all signs
maintained in the Town must be in conformance with the with the
standards of the ordinance and those not specifically permitted are
prohibited. He asked if the signs that became non - conforming with
the passage of this ordinance would be allowed to remain and was
advised that only those permanent signs would be grandfathered but
the temporary signs would have to be brought into conformity or be
removed. Mr. O'Hare used as an example the sign in front of the
Gulf Stream School that appears not to conform. Mayor Morgan
believed Mr. O'Hare is making a number of assumptions and asking a
question that would require an impromptu answer, adding that if
there is an issue under this ordinance it will be evaluated and
addressed.
Mr. O'Hare asked if this ordinance will regulate all expressive
behavior by residents of the town as the definition of a sign is so
broad as to include about any expression exhibited by a resident.
He then read the definition he referenced. Mayor Morgan stated he
does not see this section of the ordinance as Mr. O'Hare sees it.
He believed this Ordinance No. 15/1 to be an attempt to properly
regulate signage that is consistent with the law and has been
derived in part from other ordinances in other municipalities that
have attempted to do the same thing as us.
Mr. O'Hare stated that this ordinance attempts to regulate our
first amendment right to free expression. Mayor Morgan stated it's
just the opposite, its content neutral. What it regulates is the
sign, not the speech, he said.
Mr. O'Hare believed this ordinance would only be enforced when the
administration is unhappy with the signs content. He pointed out
that countries such as North Korea and Cuba, and throughout the
world, suppress free expression but that the United States
Constitution guarantees the right to speak freely to all citizens
and visitors with the first amendment being the most important.
Mayor Morgan pointed out that Mr. O'Hare is comparing Gulf Stream
to North Korea and Cuba and he finds that very offensive.
Mr. O'Hare wanted to remind that the recent history of the Town of
Gulf Stream is tainted with efforts to suppress expression. He
offered that Town leaders are made uncomfortable with comments
expressed at public meetings and a decorum policy was adopted. A
candidates campaign signs were removed and placed behind the
garage. A hedge was planted to screen the rear parking lot so that
a sign that was on a truck would not be seen. He further said the
town had threatened him with a Special Magistrate Hearing for
2
Town Commission
Special Meeting
January 26, 2015
having political cartoons on his property and cited him for
trespassing when he parked his boat that displayed political
cartoons in one of the coves. He said these examples all have to do
with a pattern of suppression of speech. He believed that this
ordinance, while appearing to be content neutral, will nevertheless
be pulled out, dusted off, and thrown at any violator whose sign
content does not meet the unwritten standards required by the towns
approval. He said that any appearance of content neutrality of this
law will be usurped by the Town's content enforcement and that will
violate the first amendment.
Mr. O'Boyle was recognized and addressed the same sections of the
ordinance that were addressed by Mr. O'Hare. Mr. O'Boyle ask for
the definition of a number of words within the ordinance, a small
sample of which are object and insignia and Mayor Morgan stated
that the ordinance speaks for itself. Mr. O'Boyle asked if he
would be in violation if he placed tiles beside the door of his
home that said Casa O'Boyle. Mr. Randolph said the Commission is
present to consider the ordinance not to consider the application
of it in the future other than to attempt to adopt a content
neutral ordinance that will withstand constitutional scrutiny. He
said that is the purpose of this ordinance and that's the purpose
of this meeting. The town is going to have to make a determination
in the future as to how this ordinance will be applied and that
presumably the town, as it has done in the past, is going to apply
its ordinance fairly and in accordance with the language in the
code. He said he didn't know how far the Commission wants to go in
terms of what may be done in the future or what may not be done in
the future in regard to the application of this code.
Mr. O'Boyle said he was pointing out flaws in the ordinance and as
an example, if the Pope were to come to town, he should be
arrested.
Mayor Morgan felt Mr. O'Boyle's comments to be absurd and insulting
and that his comments were designed to take what is a good faith
effort by the town to pass a reasonable ordinance and, as always,
apply that ordinance reasonably and fairly. He believed Mr.
O'Boyle's attempts are to position it such that he can advance
legal action against it, again costing time resources and money.
Mayor Morgan assured Mr. O'Boyle that he has heard his questions
and has heard his points and that they will most certainly consider
them.
Mayor Morgan asked for comments from the members of the Commission
and there were none offered. He pointed out that second reading of
Ordinance No. 15 /1 is under consideration for approval and asked if
there is a motion.
01
Town Commission
Special Meeting
January 26, 2015
Commissioner Stanley moved to approve Ordinance No. 15 /1, an
Ordinance of the Town Commission of the Town of Gulf Stream as
stated by the Town Clerk and the motion was seconded by
Commissioner Orthwein with all voting AYE at roll call.
There was no further comment.
V. Adjournment.
Mayor Morgan adjourned the meeting at approximately 9:40 A.M.
2-�
Rita L.
Y
Taylor
Town Clerk
0