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HomeMy WebLinkAboutMinutes_Miscellaneous_10/21/1991_Finance & Administration Committee a ' v� a VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469 -0273 • (407) 575 -6200 FAX: (407) 575 -6203 h y C F I N A N C E A N D A D M I N I S T R A T I O N C O M M I T T E E M E E T I N G M I N U T E S O C T O B E R 2 1, 1 9 9 1 I. CALL TO ORDER AND ROLL CALL The Finance & Administration Committee of the Village Council held a Committee Meeting on Monday, October 21, 1991 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. The meeting was called to order at 9:30 a.m. by Chairman Earl L. Collings. Finance & Administration Committee Co- Chairman Joseph N. Capretta was also in attendance. Staff members present were: Village Manager, Thomas G. Bradford; Joann Manganiello, Administrative Assistant to Village Manager, Scott Ladd, Building Official, and Steve Kennedy, Deputy Building Official. John C. Randolph, Village Attorney, was also in attendance. II. APPROVAL OF AGENDA The Agenda was approved as submitted. III. REVIEW OF PROPOSED ORDINANCE REGULATING NEWSRACKS Chairman Collings explained that the need for an Ordinance is derived from the fact that presently there are 14 newsracks located at Gallery Square North. The problem is to find a remedy as to why this is a problem. Therefore, the above - referenced Ordinance is proposed. Attorney Randolph gave an overview of the proposed Ordinance and explained that this Ordinance is not an unusual Ordinance in that there are many municipalities which have Newsrack Ordinances. One must keep in mind that, when dealing with this subject matter, one is dealing only with regulation, not with prohibition. Any regulation has to be a reasonable regulation, and must not be aimed at doing anything to impede on First Amendment rights. Attorney Randolph stated that case law seems to indicate that publications which relate solely to advertising can be prohibited. Though there have been many Finance and Administration Committee Meeting Minutes October 21, 1991 Page 2 -------------------------- problems concerning the newsracks located at Gallery Square North, also, from time to time, there have been problems with newsracks located elsewhere in the Village. This Ordinance is an attempt to address some of those concerns. One concern, which was not addressed in the Ordinance, is "style" of the newsracks, i.e., can an attractive container be created within which the newsracks can be located. Chairman Collings pointed out that another concern not addressed in the Ordinance is the quantity of newsracks as particular locations. Attorney Randolph stated there could be a distance requirement between newsracks and a regulation which provides the number of newsracks which would appear in any particular type of bank, as long as it is reasonable. Chairman Collings asked to whom one would apply to place a newsrack and what assurances must be given as proof of liability. Village Manager Bradford answered that written notice would have to be given to the Village Public Works Department of the desired location of the newsrack, but there is no requirement to obtain a permit to do so. Liability has not been addressed in the proposed Ordinance, but is a legitimate regulation. FRED BRODSKY, Single Copy Sales Manager with the Palm Beach Post, and CRISTINA SIMON, of Steel, Hector & Davis were in attendance as representatives of the Palm Beach Post. Ms. Simon stated that requiring a licensing or permitting procedure would make the Ordinance more susceptible to Constitutional challenge. She stated further that the Village's main concerns may not need that kind of an extreme measure and that the Post would be willing to work with the Village on those things. Chairman Collings clarified by pointing out that the thinking was not one of licensing, but one of formalizing a communication. Dorothy Campbell, property owner of Gallery Square North, Cyrese Colbert, property manager of Gallery Square North, and Jerry Rupar, of the Courier Journal were also in attendance. Mrs. Campbell stated that last year beautification of the parking lot at Gallery Square North commenced. Plans were to work on the east side of the parking lot this year, but that idea has been temporarily abandoned because of the newsracks problem is resolved. Jerry Rupar presented to the Committee a list from a study he did of newsracks locations in Tequesta. Finance and Administration Committee Meeting Minutes October 21, 1991 Page 3 -------------------------- Chairman Collings felt the main concerns were quantity of racks and appearance (standardized housing) of those racks. He stated it is also important that the Village and the property owner (particularly of Gallery Square North) need to reach an agreement as to the most mutually suitable location for newsracks at that location. After suitable location is determined, it should then be determined as to the number of newsracks that should be placed there. Attorney Randolph asked if the primary area of concern was Gallery Square North, and, if so, is that something that could be negotiated and eliminate the need for an Ordinance. Chairman Collings answered that because it is a volume location, and a joint ownership location, it is a high visibility problem. Scott Ladd explained that this situation came about because of problems elsewhere in the Village where newsracks were being placed in rights -of -way and causing a public safety hazard. Dorothy Campbell discussed possibilities for a standardized enclosure for the newsracks. Jerry Rupar exhibited a catalog containing several selections of standardized enclosures for newsracks. Chairman Collings asked the press who was present to give him a count of how many units are sold at each Tequesta location so the Village might better know where to put a covered vending area. In answer to Dorothy Campbell's suggestion of stacked vending machines Fred Brodsky of the Palm Beach Post stated that would promote problems with serviceability, liability, maintenance and security, and that these units hold fewer papers. Mr. Brodsky stated further that the Post feels out community acceptance with the demand before placing a paper vendor. He continued by stating that the Post would be willing to negotiate, but felt strongly about the identity of their newsracks and would not be in favor of a standard enclosure; and, if they were limited to one double newsrack at the Gallery Square North location, they would not be able to meet the demand of that area. Finance and Administration Committee Meeting Minutes October 21, 1991 Page 4 -------------------- - - - - -- Chris Simon stated that though she had not had opportunity to peruse the proposed Ordinance, at a glance she had some comments regarding some of the items in that Ordinance: o Section 2 - Prohibition in single family districts, though not a problem today, appears to have no need o Section 4(b) - the dimensions preclude the use of double racks. She felt that needed to be adjusted. o Section 4(g) - the weight restrictions presents a problem and precludes the use of some of the Post's newsracks. o Section 4(h)(9) - precludes placement of racks on grass areas. She found that restriction, coupled with the restriction on sidewalk areas, to be very limiting. Ms. Simon stated that, so that this Ordinance would withstand judicial scrutiny under the Constitution, legitimate governmental reasons need to be given to include the above restrictions. The media will not allow an Ordinance to do away with First Amendment rights. Dorothy Campbell suggested that another workshop might be needed to go over the Ordinance step -by -step. Chairman Collings stated it was necessary to determine whether an Ordinance was needed to solve the present problems. Co- Chairman Capretta felt an easy solution to all the newsrack problems, public and private would be: 1. Require a permit or advance notification of the placement of the newsrack; 2. No allowance anywhere on public property except in authorized locations set up by the Village; 3. No allowance on private property. Attorney Randolph agreed that would be an easy solution, but not a method entirely acceptable to the news media. Debatable issues would be prior restraint and the issue of the Village choosing the areas with no guidelines to determine why other areas are not equally acceptable. Mr. Randolph suggested that this newsrack issue could perhaps be done on a negotiated basis. Chris Simon reiterated that it was questionable as to whether this Ordinance was necessary and stated that the Palm Beach Post is willing to work with the Village to solve any problems. Finance and Administration Committee Meeting Minutes October 21, 1991 Page 5 -------------------------- IV. REVIEW OF PROPOSED ORDINANCE RELATING TO UNLAWFUL GROWTH AND COMPOSTING. Village Clerk, Joann Manganiello, reviewed the above - referenced Ordinance for the benefit of the Committee, stating that its subject matter deals with unlawful growth and composting. As an Agenda item at the last Village Council meeting, there was much debate. There was not a full Council present at that meeting. No motion was made and no action was taken on the Ordinance. Today's issue is to decide whether this Ordinance should be re- visited and brought again before Council to be presented once again for First Reading. Co- Chairman Capretta reminded the Committee that very shortly grass and shrub trimmings will have restricted pickup, eventually going to a volume -based pick -up system. Therefore, composting will be encouraged. Attorney Randolph made it clear that the proposed Ordinance is not prohibiting compost bins, but regulating them, and that the Ordinance could be amended later on to accommodate any regulations the Solid Waste Authority might impose. Chairman Collings felt that since there are two distinct parts to the Ordinance (i.e., Unlawful Growth; and Overhanging Limbs and Branches) that two separate Ordinances would be more appropriate. Co- Chairman Capretta felt he did not presently know enough about composting to make decisions on it. Attorney Randolph pointed out that presently there is nothing on the books to regulate composting and suggested it would be a good idea to adopt a regulation now that could be amended later, if needed. Chairman Collings suggested that this Ordinance be made ready for First Reading as three separate Ordinances: 1) Composting; 2) Unlawful Growth; and 3) Coconut trees, etc. Finance and Administration Committee Meeting Minutes October 21, 1991 Page 6 -------------------------- IX. ANY OTHER MATTERS Wade Griest reviewed the on -going problem with his neighbors regarding violations of Village Codes, stating there were now 183 pages of correspondence between the Village and the homeowners regarding this issue, and presented to the Committee a listing of the correspondence dates and dates of violations. He stated the Village will soon be faced with making a decision as to what will be done about this complex situation from a legal standpoint. His suggestion was that a workshop meeting be held to discuss this issue. Co- Chairman Capretta felt the whole management of this particular problem needed to be covered by one individual who knows every aspect of the situation from beginning to end, since the homeowners who have been found in violation several times seem to be willing to spend any amount of money to fight this case. Attorney Randolph stated that he, in conjunction with Village Staff, would take a full look at the problem. X. ADJOURNMENT There being no other matters before the Committee, the meeting was adjourned at 11:40 A.M. Respectfully submitted, Fran Bitters Recording Secretary Date Approved: /4 F1 ATTEST: J nn Manganie o Village Clerk