07-06-1995 VC PH-MMINUTES OF PUBLIC HEARING
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, JULY 6, 1995
Present: Tom Valente, Mayor
V. A. Marks, M. D., Vice Mayor
Gail Vastola, Councilman
Charles O'Meilia, Councilman
Bruce Sekeres, Acting Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Valente called the Public Hearing to order at 6:30 p.m. All members of Council
were present except President Pro Tem Kelley, who was out of town. All members of
staff were present except Village Manager Dennis Kelly, who was out of town on military
duty. Bruce Sekeres was present as Acting Village Manager.
PURPOSE OF THE PUBLIC HEARING
Mayor Valente announced that this was the first of two Public Hearings on the proposed
ordinances, and stated that the second Public Hearing would be held on Monday, July
17. 1995.
The purpose of the Public Hearing was to hear comments from the Public concerning
Bills 785, 786, 787 and 788, proposed ordinances of the Village of North Palm Beach,
Florida, providing for zoning requirements for adult entertainment establishments; adding
a definition for adult entertainment; adding the permitted use of adult entertainment
establishments in C-1 Neighborhood Commercial District; and prohibiting adult
entertainment establishments in C-2 General Commercial District.
James G. LaRue of LaRue & Associates, Inc., employed by the Village of North Palm
Beach for purposes of studying the Village's zoning and planning as it relates to adult
entertainment establishments, reviewed the proposed ordinances, with accompanying
maps, with the Council and the public. Mr. LaRue stated for the record that there is a
little over 7% of acreage that is available for C-1 zoning.
COMMENTS FROM THE PUBLIC
Pat Ryan, 3 Douglas Road, Riviera Beach, told the Council that she visited one of the
adult entertainment establishments that are operating. Ms. Ryan took issue with the
term "adult entertainment", since what she observed could not be called "entertainment",
Minutes of Public Hearing
Held Thursday, July 6, 1995
adult or otherwise. She stated that the store carries torturous devices and videos with
a disdain for the well-being of human beings. Ms. Ryan thinks the Village should
challenge county, state and federal laws that say communities cannot dictate what type
of establishments operate in their towns.
David Talley, 854 Fathom Road West, representing 1,000 members of the North Palm
Beaches Chamber of Commerce as its Executive Director, offered a resolution adopted
by the Chamber supporting the efforts of the North Palm Beach Village Council in its
proposed legislation controlling and restricting businesses in the community.
Manny Grinn, 536 Greenway Drive, in his objection to the proposed ordinances, told the
Council that he would, along with four other registered voters of the Village, petition to
have a referendum to overturn at least the major ordinance, if it is passed, and that the
Village would end up spending $8,000 on a Special Election.
Dr. David Vastola, 806 Lakeside Drive, voiced his opposition to the adult entertainment
establishments, but told the audience that everyone needs to get beyond the hysteria
and do what is right for the community, taking care that constitutional rights are not
violated.
Donald Kazimir, 106 Gulfstream Road, stated he was in favor of the proposed
ordinances and urged the Council to pass them. Mr. Kazimir requested that the distance
of "200 feet from any residence" be increased to 500 feet.
Donnie Mahuron, 920 Firetree Road, questioned whether the operating establishments
are properly licensed. Mayor Valente stated that the licenses are being investigated at
this time. Mr. Mahuron suggested that perhaps we should use the same ordinance that
Duval County used.
RECESS
The Public Hearing recessed at 6:59 p.m. for the purpose of convening and recessing
the Budget Session scheduled for 7:00 p.m. Thereafter, the Public hearing reconvened
at 7:02 p.m.
Peggy Rudonovich, 520 Inlet Road, asked the Council why surrounding towns such as
Palm Beach Gardens and Lake Park didn't have any problems implementing Adult
Entertainment ordinances. Mayor Valente told Ms. Rudonovich that Lake Park and Palm
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Minutes of Public Hearing
Held Thursday, July 6, 1995
Beach Gardens both have industrial areas where such businesses could be located, but
North Palm Beach does not have such an area.
Lucia Traugott, 372 Gulfview Road, stated that, rather than raising issues that are
divisive, the first step should be taken by restricting and containing the establishments
as much as possible now, with other measures to be taken later on in a legal way to
ensure that the businesses do not flourish.
Louise Call, 28 Yacht Club Drive, asked if it is possible to pass an ordinance that would
be permanent and non-changeable. Mrs. Call said that over the years she has lived
here, many ordinances have been changed. Mrs. Call was told that all laws can be
amended in the future.
Frank Stahl, 712 Tradewind Drive, thanked Rev. Frerking for his leadership, and asked
the Council about enforcement regarding "conduct" such as drunkeness, fighting, etc.
The Mayor replied that Village staff is keeping a watchful eye, and going in and out
almost every day, and so far, no violations have been observed.
Rose Bryan, 501 Lighthouse Drive, told the Council that at the first meeting she
attended, she was told that no one knew if the establishments had the proper licensing.
Mrs. Bryan wondered why, 3 weeks later, we still do not have any real proof that they
are licensed. Mrs. Bryan was told that the appropriate licensing agencies are monitoring
the situation, and that the adult video warehouse does have a license, but one of the
required licenses for Crystal's Bar is questionable at this time and is being checked out.
Lisa Melton, 400 Gull Court, told the Council that she thinks it is sad that majority doesn't
rule, since no one in the Village wants these businesses to operate.
ADJOURNMENT
There being no further comments from the public, the Public Hearing adjourned at
7:20 p.m.
athleen F. Kelly, CMC, Villag Jerk
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