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07-17-1995 VC PH-MMINUTES OF PUBLIC HEARING OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD MONDAY, JULY 17, 1995 Present: Tom Valente, Mayor V. A. Marks, M. D., Vice Mayor Larry Kelley, President Pro Tem Gail Vastola, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk Absent: Charles O'Meilia, Councilman ROLL CALL Mayor Valente called the Public Hearing to order at 6:30 p.m. All members of Council were present except Councilman O'Meilia, who was out of town. All members of staff were present. PURPOSE OF THE PUBLIC HEARING The purpose of the Public Hearing was to hear comments from the Public for the second time 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. COMMENTS FROM THE PUBLIC Arthur Loreto, 105 Paradise Harbour Blvd., addressed the Council concerning his opposition to sleazy joints being located in North Palm Beach. Mr. Loreto told the Council that if the ordinance is passed, the Council should be prepared for a referendum vote. Manny Grinn, 536 Greenway Drive, told the Council that zero tolerance is the only moral high ground. Mr. Grinn stated that there is an ordinance of the Village making obscenity a misdemeanor, and that we should not have to issue occupational licenses to businesses that are indulging in misdemeanors. Mr. Grinn asked the Village Attorney to confirm whether there is, and has been, an ordinance against obscenity. Mr. Grinn also stated his opinion that our obscenity ordinance conflicts with the County ordinance, and the municipal ordinance should supersede the County ordinance. The Village Attorney opined that any obscenity statute, whether its on the Village books or in the State Minutes of Public Hearing Held Monday, July 17, 1995 statutes, would not override the right, under the U. S. and Florida Constitutions, of somebody to conduct an adult entertainment business. Lucia Traugott, 372 Golfview Road, told the Council that she had checked with her son, who works for the Institute for Survey Research at the University of Michigan at Ann Arbor. He told her that there have been innumerable surveys done to see whether or not a universal definition of obscenity could be determined, but that, to date, it has been impossible to do so because the definition of obscenity in each individual's mind is so varied, a meeting of the minds cannot be reached. Lisa Melton, 400 Gull Court, read a "Letter to the Editor" published in the Palm Beach Post on July 13, 1995 pertaining to obscenity. Ms. Melton also told the Council that she had done some research which indicated that the Village has more of a case than the lawyers are saying. Father Thomas O'Flanigan of St. Clare's Catholic Church, told the Council that the adult entertainment businesses are a detriment to our society. Father O'Flanigan feels that if it is not for the common good of the community, it should be gotten out. Father O'Flanigan stated that anything that awakens the tendency to use another person as an object is smut, is pornography, and the effects will be seen through drugs, alcohol and property degradation. Marilyn Lambert, 1021 Country Club Drive, voiced her opposition to any adult entertainment businesses locating in North Palm Beach. She considers North Palm Beach to be special. Mrs. Lambert said she does not understand why the Council made a big deal about signs several years ago and isn't making a big deal about this issue. Charlotte Chickering, 118 Castlewood Drive, told the Council that she has a Masters Degree from Florida State University in Sociological Research. Ms. Chickering made the point that North Palm Beach is afamily-oriented community, not a swinging singles neighborhood. Ms. Chickering also feels that pornography also breeds violence, drugs and prostitution. Adeline Matheson, 733 Fairhaven Place, told the Council that she works at a business on Northlake Blvd., and her business is not allowed to have a neon "Open" sign in the window because it is against the sign code. Ms. Matheson does not understand why a neon "open" sign would be considered detrimental to the area when adult entertainment businesses are not considered so. She also told the Council that the adult entertainment 2 Minutes of Public Hearing Held Monday, July 17, 1995 store has red lights inside the store that are visible from the street, as well as a red neon "open" sign and questions why that is being allowed. Lindsey Vastola, 806 Lakeside Drive, told the Council that when she looks at the adult video store, she sees what society has come to and what children have to grow up with. Lindsey said it is disgusting to think what type things are in that store. Lindsey hopes that the existing video store is the only one to ever be in North Palm Beach, and that in time, it will go too. Emma Kai, 122 Evergreen Drive, Lake Park, addressed the Council regarding her concern over the adult entertainment businesses. Mrs. Kai says she is in North Palm Beach frequently and has enjoyed meeting many people here and considers North Palm Beach to be a beautiful town. Mrs. Kai was happy to see young people such as Lindsey Vastola caring about the community. Mrs. Kai also thanked Father O'Flanigan for speaking out. Joseph Tringali, 441 Marlin Road, told the Council that he is an attorney and is opposed to the adult entertainment businesses, as is the Council and the residents. Mr. Tringali told the audience that the legal definition of community standards has been decided by the United States Supreme Court. Mr. Tringali asked the audience how far they are willing to go in stopping these businesses, and are they willing to come up with the money it would take to create another test case. Mr. Tringali told the audience that they must be willing to really think about what they are doing and willing also to spend the money to find a solution instead of running around shouting at the Council to get rid of it. ADJOURNMENT With no further comments to be heard, the Public Hearing adjourned at 7:05 p.m. athleen F. Kelly, CMC, Village Irk 3