HomeMy WebLinkAbout12-01-1998 VC SP-MPresent:
ROLL CALL
MINUTES OF SPECIAL SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD TUESDAY, DECEMBER 1, 1998
David B. Norris, Mayor
Charles O'Meilia, Vice Mayor
Dr. Edward M. Eissey, President Pro Tem
Gail H. Vastola, Councilman
Joseph A. Tringali, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
Mayor Norris called the meeting to order at 5:36 p.m. All members of Council were
present. All members of staff were present. - - -
RECESS FOR ATTORNEY -CLIENT SESSION
Mayor Norris announced that the Village Council would recess and go to a closed
Attorney -Client Session regarding Crystal's lawsuit, with an estimated time of 30 minutes.
Mayor Norris also announced that the Attorney -Client Session would be attended by
Special Counsel Thomas Baird, Village Attorney George Baldwin, all Village Councilmen,
and Village Manager Dennis Kelly.
RECESS
The Special Session of Council recessed at 5:38 p.m.
The Special Session reconvened at 6:10 p.m. Mayor Norris announced that the Attomey-
Client Session had terminated.
BILL 637 - AMENDING BUDGET FOR RADIO SYSTEM UPGRADE FOR PUBLIC
SAFETY FACILITY - PLACED ON FIRST READING
President Pro Tem Eissey moved that Bill 937 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
THE FISCAL YEAR 1998-99 TO APPROPRIATE FUNDS IN THE AMOUNT
OF $75,000 FOR THE UPGRADE OF POLICE DEPARTMENT RADIO
SYSTEM
be placed on first reading and read by title alone. Councilman Vastola seconded the
motion.
Minutes of Special Session
held Tuesday, December 1, 1998
As part of the discussion, the Council reviewed the summary of projected costs
associated with the completion of the new facility. The consensus of Council was to
transfer funds from Council Contingency at this time, but to replenish that account as
soon as possible.
Thereafter, the motion passed 5-0.
BUDGET TRANSFER APPROVED FOR DISPATCH CONSOLE
Vice Mayor O'Meilia moved to approve a budget transfer in the amount of $3,875 from
A5711-66415 (Computer Hardware & Software) to A5711-66440 (Audio -Visual
Communications systems) for the purpose of covering cost increase for dispatch console
at the new Public Safety facility; cost to be reimbursed by Palm Beach County. President
Pro Tem Eissey seconded the motion, and all present voted aye.
CONSTRUCTION PHASE AUTHORIZED FOR COUNTRY CLUB REMODELING
Vice Mayor O'Meilia moved that authorization of the construction phase for remodeling
of the Country Club be taken from the table. Councilman Vastola seconded the motion,
and all present voted aye.
Councilman Tringali moved to accept the schematic and design development phase for
Country Club remodeling and authorize construction documents phase to be completed
and submitted to Council in 60 days. President Pro Tem Eissey seconded the motion.
Architect Stephen Boruff reviewed a revised schematic and design drawing to the Village
Council. It was suggested to the Council that the storage area and new snack bar be
modified to create room for the restauranteur's office. Further discussion included adding
canvass awning on the north side of the building over the cart -staging area.
Thereafter, the motion passed 5-0.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 7:25 p.m.
1Khthleen F. Kelly, CMC, Villag Jerk
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THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Linda M. Francis who on oath says that
she is Classified SunervisQLof The Palm Beach Post, a daily and Sunday newspaper published
at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising, being
a Notice in the matter of Public Meeting. Attorney - Client Session in the ---- Court, was
published in said newspaper in the issues of No ev inher 26. 1998.
Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said
Palm Beach County, Florida, and that the said newspaper has heretofore been continuously
published in said Palm Beach County, Florida, daily and Sunday and has been entered as second
class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for
a period of one year next preceding the fast publication of the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any person, firm or corporation
any discount rebate, commission or refund for the purpose of securing this advertisement for
publication in the said newspaper. _
Sworn to and subscribed before me. this 2/day of November A.D. 1998
G AG' / /k\
aPersonally known XX or Produced Identification
Type of Identification Produced
0l1111MillL'lAlNlllNl7llli????MinneWN
O1p8Y AVB Karen IYIcLinton
^ Notary Public, State of Florida
Conenission No. CC 591337•
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'orf.0 My Commission Exp. II/t5/2000',
( l.SGO.3.NOTARY Fla Notary Service & Bonding Co.
S)»)gi5WOV,`PMO))N1))Y)n`i`AW IggiWiWNIW.
f NO. 5.29277
VILLAGE OF NORTH PALM
BEACH
- PUBLIC NOTICE
IHECITMENS AND PROPERTY
k2VWNERS OF THE VILLAGE OF
J(ORTH PALM BEACH AND AU.
INTERESTED PERSONS ARE
__ EREBY ADVISED TO TAKE
-NOTICE THAT MAYOR DAVID
ORRIS, VICE -MAYOR
ELES p._0'MEILIA, PRESI-
<EISSEY, COUNCILMEN GAIL H.
'VAST•IA_ AND JOSEPH A.
INGALI, WILL CONVENE AN
"EN MEETING OF THE
NORTH PALM BEACH VILLAGE
COUNCIL ON TUESDAY, DE-1
GENDER 1, 1908 AT 5:30_
P.M., AT WHICH TIME THE VIL-
LAGE COUNCIL WILL AN-
NOUNCE ITS INTENTION TO
MEET IN A PRIVATE ATTOR-
JIEYCLIENT SESSION WITH
ITS VILLAGE ATTORNEY
GEORGE W. BALDWIN, AND
ITS LITIGATION ATTORNEY
THOMAS J. BAIRD, TO DIS-
CUSS PENDING LITIGATION
STYLED VILLAGE OF NORTH
PALM BEACH V. 421 NORTH -
LAKE BLVD CORP., 0/B/A
CRYSTAL'S BP AND GRILL
SES-
SIONTHIS WILLBE ELDPURSU-
ANT TO FLA. STAT.
285.011(8) ON DECEMBER 1,
1998, AT APPROXIMATELY
5:30 P.M., AT THE VILLAGE
HALL, 501 U.S. HIGHWAY 1,
NORTH PALM BEACH, FLOW.
CLIENT THE PRIVATE ATTORNEY -
CLIENT SESSION IS ANTICI-
PATED TO LAST FOR
APPROXIMATELY 30 MIN-
UTES. ALSO, BE ADVISED
THAT AT THE CONCLUSION
OF THIS ATTORNEY -CLIENT
SESSION AT APPROXIMATELY
890 P.M., OR AS SOON
THEREAFTER AS POSSIBLE.
THE VILLAGUL ILL
p ONV NEE ITSNCIPUBLl0
-MEETING TO DISCUSS ANY
MATTERS WHICH REMAIN ON
'ITS AGENDA.
JGWleen F. Kelly, CMC
.VBIage Clerk
Tursn+ Thursday, November 20 1998
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ATTENDEES:
VILLAGE OF NORTH PALM BEACH
TOWN COUNCIL
SPECIAL SESSION
December 1, 1998
5:40 p.m. - 6:05 p.m.
ORIGINAL
MAYOR NORRIS
COUNCILOR O'MEILA
COUNCILOR BALDWIN
COUNCILOR EISSEY
COUNCILOR VASTOLA
CONCILOR TRINGALI
TOWN MANAGER KELLEY
TOWN ATTORNEY BAIRD
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1 PROCEEDINGS
2 MAYOR NORRIS: We are now in our special
3 session, attorney/client session. We are all
4 present here. Village council is here, Village
5 attorney, Village manager.
6 We will turn it over to Mr. Baird.
7 MR. BAIRD: Thank you, Mayor.
8 I asked for this session in part to update
9 you and also in case there were any settlement
10 discussions that needed to take place, as we are
11 in the trial docket period of the Crystals
12 lawsuit.
13 There have been not been any offers to
14 settle the case made by Crystals or their
15 attorneys, and we have not made any settlement
16 offers or overtures to them.
17 However, a couple of critical motions in
18 limine were ruled upon two weeks ago,
19 approximately two weeks ago, and I wanted to
20 update you on that and let you know what we
21 anticipate in terms of both the trial docket and
22 the issues as they have crystallized -- no pun
23 intended -- in this case.
24 The motions in limine were brought by
25 Crystals attorneys, and they sought to do two
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1 things in terms of evidence.
2 First I should explain that motions in
3 limine are motions that are brought prior to or
4 concurrent with a trial and they are intended to
5 limit the testimony and/or evidence that is
6 presented to the court.
7 As such, we were faced with two motions
8 which could have severely constrained the case
9 that we propose to put before the court.
10 The first motion had to do with the
11 prevention of any amendments to the Village
12 code.
13 You will recall that you amended your --
14 you adopted two ordinances which had the effect
15 of liberalizing the adult entertainment
16 regulation so as to provide additional
17 opportunities for the location of adult
18 entertainment businesses within the village.
19 That motion was argued and it was denied
20 by Judge Cook, which of course is very
21 beneficial to the Village because, obviously, if
22 the amendments were not going to be considered
23 by the court, then the court could not consider
24 the two alternative sites that we had previously
25 intended to demonstrate to the court makes the
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FORM C-100 - LASER REPORTERS PAPER & MFG. CO. 800-626-6313
1 ordinances constitutional.
2 The second motion was to prevent the
3 Village from presenting any testimony in regards
4 to sites outside of the Village.
5 And as you may recall from our prior
6 discussions, this is an evolving area of the
7 law. We recently had a very positive opinion in
8 Jupiter regarding the relevance of considering
9 sites outside of the Town of Jupiter, where
10 Judge Middlebrooks in that case held that that
11 was relevant for largely residential, small
12 communities.
13 That motion, too, was denied.
14 Consequently, we are going to be able to put on
15 evidence that shows that not only are there
16 sites available in North Palm, but there are
17 approximately seven sites within a two-mile
18 radius outside of the Village that are
19 available, and anywhere up to eighteen sites
20 within a ten -mile radius.
21 Now, the court may make some rulings when
22 we get into trial as to how far away from the
23 Village you can go. But that ruling is critical
24 in terms of us presenting our case, and in terms
25 of really making some new law in this area that
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FORM C-100 - LASER REPORTERS PAPER & MFG. CO.
1 would benefit not only this Village, but other
2 small communities that are faced with this
3 situation.
4 I attended calendar call last Wednesday.
5 The court made us number one on the docket and
6 said that we would start trial Monday, this past
7 Monday at 1:30.
8 We did not start trial at 1:30 on Monday
9 because after the court made that statement,
10 Judge Cook announced that he would not be trying
11 the cases that he was setting for Monday and
12 Tuesday of his docket; that Judge Carlisle would
13 be substituting for him.
14 At that point, having just gone through
15 the arguments on the motions in limine and
16 several other arguments regarding evidentiary
17 matters and having had Judge Cook involved in
18 this for two years, we asked the court if there
19 were another day that we could try the case
20 because we want Judge Cook to hear the case.
21 We did not want to be in a position of
22 turning a one -day case into a two or three-day
23 case because we would have to go through all of
24 the same arguments that we have previously made
25 to the court, the court has understood them and
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1 the court has ruled upon them, and we were quite
2 confident that if we had a new judge brought
3 into the case, we were going to be revisiting
4 two years of litigation.
5 Consequently, Judge Cook agreed to put us
6 on his jury trial docket which begins the week
7 of December 7th. It's a two -week docket. And
8 we would be the first case to go to trial in the
9 event one of the jury trial cases settled that
10 week.
11 There are a couple of cases that look like
12 they may settle or that may not take as long as
13 they estimate that they will take, including one
14 case which my co -counsel's partner is involved
15 in, which is estimated to be a one to three-day
16 case, which he believes may settle.
17 So while I am not willing to say that I am
18 confident we will go one of those two weeks, I
19 think chances are pretty good, because this is
20 the time of year where cases for damages often
21 settle before the end of the year; many people
22 would like to have whatever income may be coming
23 to them before the end of the year.
24 So we are on call, which basically means
25 that beginning December 7th I can receive a call
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1 from the judge at any time saying, "Be here at
2 1:30,".or, "Be here at 9:30" to start trial in
3 this case.
4 If we do not go on this docket, we will
5 not go until a February docket. But, again, my
6 feeling, at least, is that I would rather be in
7 front of Judge Cook and try this case because we
8 have had some, I think, good rulings for us and
9 I think he has a very good handle on the issues
10 of law that we are going to be arguing.
11 The issue of law as it's shaping up at
12 this point comes down to this:
13 We have now amended our ordinance. You
14 have now amended your ordinance. You have done
15 what you can to make that ordinance as
16 constitutional as possible, given the
17 constraints that the Village code imposes on the
18 separation of adult businesses from various
19 other uses.
20 The issue that the court is going to look
21 at and that we are going to argue is: Are those
22 sites, specifically the Mobil Lube site and the
23 Ed Morse Chevrolet sites, really available in
24 the real estate market for either acquisition or
25 subdivision or to be made use of by an adult
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1 entertainment establishment?
2 And that's a question that is unsettled in
3 the law. Because we have supreme court opinions
4 that say that proprietors of adult entertainment
5 fend for themselves in the marketplace, and then
6 we have other opinions that discuss issues about
7 whether the site is suitable in term of its
8 geography, its size and other criteria that the
9 courts will apply.
10 My best evaluation of what we have at this
11 point is that the Mobil Lube site probably is a
12 site that the court can find as commercially
13 available in the real estate market.
14 The Ed Morse site, because of its size,
15 because of the cost to acquire that site, I
16 think is a less -- legally a less available
17 site.
18 But nevertheless, if the court finds that
19 one site is the present site where Adult Video
20 Warehouse is, and the second site is the Mobil
21 Lube site, then under the law as it has been
22 evolving and as we have discussed here holds,
23 there would be two sites per 12,000 population,
24 which would put us in that constitutional range.
25 And I think you have done at this point
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the best that
the ordinance
Another
as I reported
the filing of
you can to make the best case that
is constitutional.
development and an important one
to you last time is that following
our second amended complaint,
which was filed simply to include the amendments
that you made to your code into the complaint,
the Defendants filed an answer to that second
amended complaint and affirmative defenses; for
the first time they did not file a counterclaim.
I believe that was an oversight.
In this case, instead of Mr. Wilson, who
is the lead counsel in this case, filing the
responsive pleadings, Mr. Kaplan filed the
responsive pleadings.
We don't know whether they are aware of
the omission, and we certainly are not going to
-- "we" being Mr. Hendricks and I -- we
certainly are not going to point that out to
them.
MR. EISSEY: Can they change that later?
Excuse me for interrupting.
MR. BAIRD: Yes, sir, they can seek to
amend their answer to file that counterclaim, or
they might during the course of the trial seek
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FORM C-100 - LASER REPORTERS PAPER & MFG. CO. 800-626-6313
1 to have the judge conform their answer and
2 affirmative defenses and counterclaim to the
3 evidence that has come into evidence.
4 But unless they raise it, certainly we are
5 not going to raise it.
6 The most significant aspect of that really
7 has to do with attorney's fees, because under a
8 Section 1983 claim, which was what their
9 counterclaim was previously, if you prevail,
10 then under Section 1988 of the federal code you
11 may be awarded attorney fees.
12 And the attorney fees in this case could
13 be significant because of the length of the
14 litigation and because they have two lawyers
15 involved in the case, one of whom in the
16 marketplace probably commands an hourly fee of
17 $200 to $250 an hour because he has litigated
18 these cases nationally.
19 But the other significance of the attorney
20 fee aspect is that we had a change in parties in
21 the summer, where Co & Co Enterprises, the
22 previous counterplaintiff, was essentially
23 dismissed or left the case, and 421 Northlake
24 Corporation, a new party counterplaintiff, came
25 in.
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1 So in the event that there is an issue
2 with respect to attorney fees, we would be
3 seeking to measure those fees, in the event we
4 did not prevail from the time 421 Northlake
5 became a party, and not going all the way back
6 to the beginning of the case, because Co & Co is
7 no longer a party.
8 That's really the extent of what I have to
9 tell you about the status of the case.
10 I think it's certainly significant that we
11 are going to be able to put on that evidence
12 outside of the Village. Whether the court
13 ultimately is going to accept that or not is
14 open to debate, certainly, given the case law,
15 but I think it gives us the best opportunity to
16 present our case in the best light, which is:
17 You should not look at the Village of
18 North Palm Beach in a vacuum. You should look
19 at the Village within the context of what it is,
20 which is a metropolitan area, and evaluate the
21 opportunities for expression of your first
22 amendment rights within that context and not a
23 vacuum.
24 So if you have any questions, I would be
25 happy to address them.
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1 MAYOR NORRIS: So we are on the December
2 7th docket?
3 MR. BAIRD: We are in the docket now.
4 MAYOR NORRIS: How long of a docket is
5 that?
6 MR. BAIRD: It goes through, I think the
7 last day is Christmas day, the 25th, although
8 obviously the courts aren't open that day.
9 MAYOR NORRIS: It's on like half a day
10 call or something?
11 MR. BAIRD: Yes. There are only four
12 cases that are on that docket, but one of them
13 is a seven or a ten-day case, which has already
14 started.
15 MR. TRINGALI: Which is starting?
16 MR. BAIRD: Has started.
17 MR. TRINGALI: Has started.
18 MR. KELLEY: Could I just for
19 clarification purposes:
20 We initially argued for temporary
21 injunctions on three issues, and we were awarded
22 two of those temporary injunctions by Judge
23 Cook. And Chris has corrected those, and those
24 -- of course the third injunction was the zoning
25 issue.
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800-626-6313
FORM C-100 - LASER REPORTERS PAPER & MFG. CO.
1 Now, are we still arguing the injunctive
2 relief or are we still arguing the ability to
3 shut them down if he rules in favor of a -- I
4 mean, we are not asking for a permanent
5 injunction; is that correct?
6 MR. BAIRD: That's correct.
7 MR. KELLEY: As opposed to a temporary at
8 this stage?
9 MR. BAIRD: What we are arguing is that
10 under the Village code as amended the Crystals
11 establishment cannot be located where it is
12 located as an adult entertainment establishment
13 because it's within 2,000 feet of Adult Video
14 Warehouse.
15 And the reason, again, that the amendments
16 were necessary is because without the
17 amendments, the Village's ordinance would likely
18 have been found unconstitutional because there
19 would not have been any locations other than
20 where Adult Video Warehouse is where you could
21 locate a facility.
22 MR. KELLEY: Now, if we prevail, do we
23 have to go through a separate action to get some
24 kind of injunction order to shut them down or
25 would they have the opportunity to apply for an
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1 appeal and continue operating until they get to
2 their appeal?
3 MR. BAIRD: Well, in our -- what we would
4 wind up with if we prevail is a final judgment
5 with a permanent injunction enjoining them from
6 operating their facility.
7 They could ask for a stay of that judgment
8 pending appeal.
9 MR. KELLEY: I see.
10 MR. BAIRD: Whether the court would grant
11 that, I can't say.
12 It could be an evidentiary hearing, I
13 suppose, as to the damages or the prejudice that
14 they would incur by having to close while they
15 are litigating on appeal. And considering that
16 they have been an operating business in the
17 Village for approximately two and a half years,
18 you know, the court might take that into
19 consideration as to whether or not they should
20 be closed pending the appeal.
21 MR. TRINGALI: Then the court would also
22 have to consider the likelihood of success on
23 appeal.
24 MR. BAIRD: Sure.
25 MR. TRINGALI: That's one of the factors.
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1 MR. BAIRD: And in this case Judge Cook
2 has already acknowledged that he believes that
3 this case is going up on appeal. I think that's
4 one reason that he has let into -- is going to
5 let into evidence these issues about whether it
6 is outside, the sites outside of the community
7 are available or not, because he recognizes that
8 this law is evolving and has changed, in some
9 cases dramatically, since 1986.
10 MS. VASTOLA: Let me ask you, John:
11 The owner there, is it still John Tauff
12 (phonetic); does he still own that building?
13 MR. BAIRD: My understanding is that he
14 sold that building.
15 MS. VASTOLA: Oh, did he sell that
16 building?
17 Do we know who bought it?
18 MR. BAIRD: Easy enough to find out, but
19 I don't have the name.
20 MS. VASTOLA: We haven't heard from the
21 owners about trying to get them out?
22 MR. KELLEY: I don't know the owner's
23 name. The only thing I know about the owner is
24 he is a Korean or Asian of some type.
25 MS. VASTOLA: When did it sell; do you
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1 know?
2 MR. KELLEY: Six, eight months ago.
3 MR. BAIRD: After we cited Mr. Tauff for
4 code violations.
5 MR. BALDWIN: Do we know what kind of
6 lease they have over there? Has that come out
7 in the pleadings or in the depositions?
8 MR. BAIRD: Yes, I have a copy of the
9 lease. And I want to say it's a five-year term,
10 but I am not positive.
11 MAYOR NORRIS: Any other questions?
12 MR. EISSEY: How many years do they have
13 to go on the lease?
14 MAYOR NORRIS: I am sure they have renewal
15 options.
16 MR. BALDWIN: They have options; they
17 could have options in the lease, I guess so.
18 MR. BAIRD: If the lease was assigned by
19 Co & Co to 421 Northlake, Co & Co began
20 operation in, I believe it was April of '96, so
21 if it was a five-year term that was assigned,
22 then it was through 2001. But there isfive-
23 year options, I am sure, that are part of that.
24 MR. O'MEILIA: What is the status of their
25 liquor license; do you know?
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MR. BAIRD: The liquor license was
transferred from Co & Co to 421 Northlake.
Carmona had, Mr. Carmona -- Mr. Carmona to me
had to transfer that license as part of his
consent decree with Alcohol, Beverages and
Tobacco.
MR. O'MEILIA: That's what amazes me,
8 still amazes me, is the fact that they are
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sitting over there for all these years with a
temporary license, with a temporary liquor
license. That's beyond my belief that that
could happen.
I mean, there is no way we could get it,
any one of us could get a temporary liquor
license and keep it for all these years, keep
16 transferring. And that's just beyond me.
17 just don't understand how that can happen.
18 MS. VASTOLA: Do we have any control over
19 that?
20 MR. BAIRD: The best control that we would
21 have would be to ask ABT to conduct the same
22 kind of investigations they conducted
23 previously. And assuming they have enough
24 undercover agents left to conduct those
25 operations, the same violations or infractions
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1 of state law would probably be discovered and we
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would be back in the situation of 421 Northlake
having to reach some kind of consent decree with
the department.
That's probably not -- you know, it's not
6 a bad idea to ask them to look at it.
7 MS. VASTOLA: Why not? Why don't we have
8 them look into it? What the heck? What have we
9 got to lose?
10 MAYOR NORRIS: Definitely.
11 MS. VASTOLA: I would have them look into
12 it.
13 MR. O'MEILIA: My point is: There was a
14 guy that had the first license there years ago,
15 I mean, he had a permanent liquor license. And
16 then when he sold that place, he transferred the
17 license on a temporary basis, as I understood
18 it. It must have changed hands ten times.
19 And the judges out here three times told
20 him they were in violation of the adult
21 entertainment license; they had to get their
22 license or close down.
23 They changed it over. They just swapped
24 it to some other guy and changed the license
25 with it.
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FORM C-100 - LASER REPORTERS PAPER. & MFG. CO. 800=626-6313
1 MR. VASTOLA: Can we look into that,
2 Dennis, the license?
3 MAYOR NORRIS: Look into that.
4 MR. KELLEY: Yes.
5 MS. VASTOLA: I think we ought to make
6 life as unpleasant as possible.
7 MAYOR NORRIS: Sure, sure.
8 MR. O'MEILIA: Sooner or later I think we
9 need to, like I said, we need to look at that
10 ordinance and do away with the alcohol part of
11 it.
12 MR. TRINGALI: That's the ultimate
13 solution.
14 MR. O'MEILIA: I think we ought to go
15 ahead with it anyway.
16 MS. VASTOLA: Can we go ahead and do that?
17 Can we create an ordinance now?
18 MR. BAIRD: Well, West Palm just adopted
19 one last night.
20 MS. VASTOLA: Then I ask that we put it on
21 the next workshop; not that we will get to it,
22 but...
23 MR. O'MEILIA: I already asked.
24 MR. TRINGALI: Before we do that, is that
25 going to impact on the lawsuit here?
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MAYOR NORRIS: The trial?
MR. TRINGALI: Is it going to look like we
are somehow -- we know that we are in a weak
position so we are trying to bolster...
MS. VASTOLA: Is going to affect you in
any way if we go ahead and create an ordinance
that they can't have liquor in an adult
enterainment establishment?
MR. BAIRD: I don't think for purposes of
the trial, that hopefully will be occurring in
December, it's going to have an effect.
If we are rolled over to the February
docket and you adopt the ordinance in the
meantime, it might be that they seek to amend
their counterclaim, assuming they discover they
don't have a counterclaim, to incorporate a
challenge to that ordinance as well.
MS. VASTOLA: Yeah, but we can workshop
it. We can workshop it and have one reading,
20 can't we; just hold off on the second reading?
21 MR. EISSEY: Still do the same thing.
22 MR. BALDWIN: I kind of think we would be
23 better off --
24 MS. VASTOLA: Well, that's what I thought
25 we were doing, was holding out.
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1 MR. TRINGALI: Let sleeping dogs lie.
2 MR. O'MEILIA: We are so close to the
3 trial date, but I -- we need to get rid of that.
4 We need to unscrew that regulation somehow.
5 MAYOR NORRIS: What we were doing is
6 waiting until we got through this to deal with
7 those things.
8 MS. VASTOLA: That's what I thought, but
9 it's taking forever.
10 MAYOR NORRIS: -- take another shot at it.
11 Okay. Is that it?
12 MR. O'MEILIA: So we just keep our fingers
13 crossed and hope everybody settles out and we
14 get to trial on December 7th.
15 MAYOR NORRIS: And you will let us know,
16 obviously, so whoever wants to be there can be
17 there?
18 MR. BAIRD: Right.
19 MAYOR NORRIS: Somehow we need to get the
20 word out, because people in the community are
21 going to want to be there, as well.
22 I don't know how you will do that.
23 MR. TRINGALI: Don't worry about it. We
24 can take care of that.
25 MR. KELLEY: I've got a phone list in my
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1 file. We will just call them and let them know.
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MAYOR NORRIS: All right.
Are we done?
MR. BAIRD: Yes, sir.
5 MAYOR NORRIS: Over six owe five p.m
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7 (Thereupon, at 6:05 o'clock a.m., the
8 special session was adjourned.)
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1 CERTIFICATE
2 - - -
3 THE STATE OF FLORIDA,)
4 COUNTY OF PALM BEACH.)
5
6 I, Jane Pastore, Registered Professional
7 Reporter, do hereby certify that I was authorized to
8 and did report the above meeting at the time and place
9 herein stated, and that it is a true and correct
10 transcription of my stenotype notes taken during said
11 meeting.
12
13 Dated this 4th day of January, 1998.
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16 Jane Pastore, RPR
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