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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