Res 35-98 RESOLUTION NO. 35-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING SUPPORT FROM THE
PALM BEACH COUNTY LEGISLATIVE DELEGATION, THE FLORIDA
LEAGUE OF CITIES AND THE PALM BEACH COUNTY MUNICIPAL
LEAGUE TO AID THE TOWN OF LAKE PARK IN THE INITIAL
CASE TO DEFEND ITS RIGHTS TO ENACT AND ENFORCE LOCAL
CODES REGULATING THE LOCATION OF PAY TELEPHONES;
PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in 1992, the Commission of the Town of Lake Park
passed an ordinance prohibiting the placement of pay telephones on the
outside of commercial premises after a young mother was shot to death
while using an outside pay phone on February 26, '1992; and
WHEREAS, the Commission of the Town of Lake Park has been sued
by Bell South and an injunctive order issued to prevent the Town from
enforcing that code; and
WHEREAS, the Commission of the Town of Lake Park feels
strongly that they must protect the health, safety and welfare of all
residents and therefore, at its own expense, has subsidized pay
telephones located in public areas 24 hours per day after BellSouth
removed public pay telephones from parks and other areas because they
were unprofitable, underutilized and subject to vandalism; and
WHEREAS the impending lawsuit would be a threat to local
governments which may enact and enforce any code not specifically
reserved to the State or Federal authorities in the interest of the
welfare and public safety of their citizens; and
WHEREAS, the Commission of the Town of Lake Park opposes the
attempt by a private sector "big business" to impose its standards on
the citizens of a small town, and has requested support by resolution or
letter from each Palm Beach County municipality to the Florida League of
Cities and the Palm Beach County Municipal League for legal assistance
in the initial case to defend its rights to enact and enforce local
codes regulating the location of pay telephones.
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach supports the Town of Lake Park in its request for legal
assistance, and encourages the Florida League of Cities and the Palm
Beach County Municipal League to aid the Town of Lake Park in the
initial case to defend its rights to enact and enforce local codes
regulating the location of pay telephones.
Section 2. That the City Clerk is hereby directed to furnish
copies of this resolution to the Palm Beach County Legislative
Delegation, the Florida League of Cities, the Palm Beach County
Municipal League, the Town of Lake Park, and other interested parties.
Section 3. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 19th day of
May, 1998.
ATTEST:
Cify Cl~k ;
- 2 - Res. No. 35-98
[lTVI [LK V BE CK
DELRA¥ BE^(H
:, o: D..~,~,~ CiTY CLERK too N.W. 15t AVENUE. DELRAY BEACH, FLORIDA 3344, · 40'7/2,3-7000
1993
June 4, 1998
Mr. Michael Sittig
Executive Director
Florida League of Cities, Inc.
P.O. Box 1757
Tallahassee, FL 32302-1757
Re: Resolution No. 35-98 in Support of Leqal Assistance for the
Town of Lake Park
Dear Mr. Sittig:
Enclosed is a copy of Resolution No. 35-98 requesting support
from the Palm Beach County Legislative Delegation, the Florida
League of Cities and the Palm Beach County Municipal League to
aid the Town of Lake Park in the initial case to defend its
rights to enact and enforce local codes regulating the location
of pay telephones.
Resolution No. 35-98 was passed and adopted by unanimous vote of
the Delray Beach City Commission on May 19, 1998. Your serious
consideration of this matter is appreciated.
Should you have any questions, please do not hesitate to contact
me at 561/243-7050.
Sincerely, A
Alison MacGregor Har y
City Clerk
AMH/m
Attachment
cc: Palm Beach County Legislative Delegation Palm Beach County Municipal League
William H. Wagner, Mayor, Town of Lake Park
David T. Harden, City Manager
THE EFFORT ALWAYS MATTERS
P~nte~ on ,qec ycled Pa,oer
LAKE WORTH
7 NORTH DIXIE HIGHWAY
LAKE WORTH, FLORIDA 33460
BARBARA A. FORSYTHE, CMC TELEPHONE (561) 586-1662
CITY CLERK FAX (561) 586-1750
MEMORANDUM
NB-6
TO: Palm Beach County Legislative Delegation
All Palm Beach County Municipalities
FROM: City Clerk Barbara A. Forsythe '-~~
DATE: May 11, 1998
SUBJECT: Municipalities' Rights to Enact and Enforce Local Codes
In regular meeting held May 5, 1998, the Lake Worth City Commission adopted Resolution
No. 35-98, supporting the Town of Lake Park for aid in its initial case to defend munici-
palities' rights to enact and enforce local codes ("Home Rule" powers).
A copy of the Resolution is enclosed for your favorable consideration.
Encl. (1)
BAF/ble
cc: Mayor Ramiccio
City Manager
City Attorney
Mayor Wagner
RECEIVED
crlY CLERK .j
c:\office\wpwin\wpdocs\98corrrm\0505nb-6.3
35-98
RESOLUTION NO. 35-98 OF THE CITY OF LAKE WORTH, FLORIDA, DECLARING THE
INTENTION OF THE CITY COMMISSION TO AID THE TOWN OF LAKE PARK IN THE
INITIAL CASE TO DEFEND THEIR RIGHTS TO ENACT AND ENFORCE LOCAL CODES
PROHIBITING THE PLACEMENT OF PAY TELEPHONES; EFFECTIVE DATE.
WHEREAS, the cities of Florida are vested with Home Rule Powers which enable
them to control those aspects of the quality of life of their residents, and;
WHEREAS, because of the large number of cities in the State, communication
between the cities is often difficult, and;
WHEREAS, the League of Cities is in a position to aid individual cities on issues
which will ultimately affect all cities, and;
WHEREAS, the Town of Lake Park is now involved in litigation regarding the ability
of the city to regulate the placement of public telephones. The outcome of which will have
an impact on all cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LAKE WORTH, FLORIDA, that:
Section 1. The City Commission of the City of Lake Worth requests and encourages the
Florida League of Cities to aid the Town of Lake Park in this litigation.
Section 2. This Resolution shall become effective immediately upon its passage.
The passage of this Resolution was moved by Commissioner Allen, seconded by
Commissioner Lowe, and upon being put to a vote, the vote was as follows:
Mayor Tom Ramiccio AYE
Commissioner Retha Lowe AYE
Commissioner Colburn H. McKinnon AYE
Commissioner Gary Bo Allen AYE
Commissioner Lloyd A. Clager ABSENT
The Mayor thereupon declared this Resolution duly passed and adopted on the 5t~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM # ~H - REGULAR MEETING OF MAY 19, 1998
CONSIDERATION OF RESOLUTION NO. 35-98
DATE: MAY 14, 1998
Attached is a request from the Town of Lake Park asking for
support from Palm Beach County municipalities in obtaining legal
assistance from the Florida League of Cities. The Town has been
sued by BellSouth and an injunctive order issued to prevent the
Town from enforcing a code enacted in 1992 prohibiting the
placement of pay telephones on the outside of commercial premises.
The Town enacted this code in the interest of public safety after
BellSouth removed public pay phones from parks and other areas
because they were unprofitable, underutilized and subject to
vandalism.
The Town's position is one of "Home Rule" powers. Mayor Wagner
states in his letter that the Town's attorneys and attorneys with
the Florida League of Cities are of the opinion that the Town is
right in this issue.
However, the Florida League of Cities has traditionally not
entered this type of case until after the initial case has been
decided and is in the appeal process. Therefore, the League does
not plan to provide the Town of Lake Park with legal assistance in
this case. The Town is requesting support by resolution or letter
from each Palm Beach County municipality to the Florida League and
the Palm Beach County Municipal League to aid them in the initial
case to defend its rights to enact and enforce local codes
regulating the location of pay telephones.
The City Attorney's office is researching the issue and will be
prepared to provide additional information and answer questions at
the meeting.
Recommend consideration of Resolution No. 35-98.
ref:agmemol9
LAKE PARK TOWN HALL NATIONAL HISTORIC SrTE
"Jewel" of the Palm Beaches
April 24, 1998
Mayor Jay Alperin
City of Delray Beach
100 N.W. 1st Avenue
Delray, FI 33444-2698
RE: Lake Park Code Restricting Location of Pay Telephones
Dear Mayor Alpedn:
As you may or may not be aware, the Town of Lake Park has had a code in its books since 1992 prohibiting
the placement of pay telephones on the outside of buildings in Commercial and Multi-family zoning.
This code was passed subsequent to the action by Southern Bell removing public pay telephones from parks
and other areas because, 'q'hey don't pay (underutilized), and are more frequently subject to vandalism."
Since that time the Town, at its own expense, has subsidized (by paying a monthly fee) pay telephones located
in our Kelsey Park, the Town Madna, Town Hall and the lobby of our Police Department. Each of these
phones is available (with the exception of Town Hall) 24 hours per day. Each is located in a bdghtly lighted
area of natural surveillance.
Our code allows for no limitations on the placement of pay telephones, other than they be located inside the
place of business or apartment building in an area of natural surveillance.
Bell South has had no objection to this ordinance until now. We have been sued, and an injunctive order
issued to prevent the Town from enforcing this code. Bell South has stated that a local municipality has no
jurisdiction to restrict pay telephones, as this is reserved to the Flodda Public Service Commission.
The Town's position is one of "Home Rule" powers. We may enact any code not specifically reserved to the
State or Federal authorities in the interests of the welfare and public safety of our citizens. Our Attomeys and
the the attorneys of the Florida League of Cities opinion is that the Town is fight in this issue.
My reason for writing you is that the League has traditionally not entered this type of case until after the initial
case has been decided and is in the appeal process. Therefore, they are not planning on providing us with
legal assistance in our case. Mike Sittig has suggested that I enlist support by resolution or letter from each
municipality to the Flodda League and the Palm Beach County Municipal League to aid us in the initial case to
defend our dghts to enact and enforce local codes. Please address this matter as an agenda item at your next
meeting.
Thank you.
Sincerely, ,// /~/
Mayor, Town of Lake Park
WHW/sghcc: Municipal Clerks
LAKE PARK TOWN HALL NATIONAL HISTORIC SITE
"JeWel'' of the Palm Beaches
May7,1998
Dear City/Town Clerk
This is a follow-up to the letter I recently sent asking your municipality for
support in enforcing a local code, passed in 1992, regarding restricting local
pay telephones on the outside of a commercial premises.
Enclosed is Resolution No. 27, 1998 , passed by the Lake Park Town
Commission, requesting support by resolution or letter from your municipality
to the Legislative Delegation, Flodda League of Cities and the Palm Beach
County Municipal League to aid the Town of Lake Park in the initial case to
defend its rights to enact and enforce local codes.
Please consider putting this on your next agenda. Thank you for your help with
this matter!
Sincerely,,~ _.,~ /
William H. Wagner
Mayor
Town of Lake Park RECEIVED '
whw/sgh ~t/11/?<~'
enclosure (1) CITY CLERK
RESOLUTION NO. ~, 1998
A RESOLUTION OF THE COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA,
REQUESTING SUPPORT FROM PALM BEACH COUNTY MUNICIPALITIES WHICH
SUPPORT THE TOWN DEFENDING ITS RIGHTS TO ENACT AND ENFORCE
LOCAL CODES; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Commission of the Town of Lake Park has been sued by Bell South, and
an injunctive order issued to prevent the Town from enforcing a code passed in 1992 prohibiting the
placement of pay telephones on the outside of commercial premises after a young mother was shot to death
using an outside pay phone on February 26th of 1992; and
WHEREAS, the Commission feels strongly that they must protect the health safety and
welfare of all residents and therefore, at its own expense, has subsidized pay telephones located in public
areas 24 hours per day after Bell South removed public pay telephones from parks and other areas because
they were unprofitable, underutilized and subject to vandalism; and
WHEREAS, the impending law suit would be a threat to local governments which may
enact and enforce any code not specifically reserved to the State or Federal authorities in the interest of the
welfare and public safety of their citizens; and
WHEREAS, the Commission of the Town of Lake Park opposes the attempt by a private
sector "big business" to impose its standards on the citizens ora small town.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF TI-W. TOWN OF LAKE
PARK, FLORIDA, AS FOLLOWS:
SECTION l[
The Commission of the Town of Lake Park requests support by resolution or letter from
each municipality to the Legislative Delegation, Florida League and the Palm Beach County Municipal
League to aid the Town in the initial case to defend its rights to enact and enforce local codes.
SECTION H
The Town Clerk is hereby authorized and directed to distribute copies of this Resolution to
the Palm Beach County Municipal League, Inc., Palm Beach County Municipalities, and the Florida League
of Cities.
SECTION III
This Resolution shall take effect immediately upon passage.
READ AND ADOPTED THIS 6th DAY OF MAY, 1998. .,q/~, ////~ f
~ ~ MA~/~r
"Jewel" of the Palm Beaches
April 24, 1998 /~ .
Alison MacGregor Harty, City Clerk
City of Delray Beach
100 N.W. 1 st Ave.
Delray Beach, FL 3~-2698
RE: Request
Dear Ms. HaZy:
Mayor Wagner ~uld like to request that you please put a ~py of the a~a~ed le~er to
your Mayor on the ne~ agenda of your Council.
If you should have any questions you may ~11 Sally Hall at ~1~8-~0. Thank you
so mu~ for your help ~th this matter.
Sincerely,
Executive Secretary
CffY CLERK