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Minutes 02-28-77MINUTES OF THE ORGANIZATIONAL MEETING OF THE BOARD OF ADJUSTMENT HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, FEBRUARY 28, 1977 pRESENT Derle B. Bailey Lillian Bon~ Edward~F. Harmening David W. Healy Walter B. Rutter Vernon Thompson, Jr. Foy Ward V. Paul Scoggins, Alternate Carl Zimmerman, Alternate Mr. Bailey announced they needed someone to call the meeting to order and Mr. Rutter nominated Mr. Bailey to ~o this, seconded by Mr. Healy. Motion carried unanimously. Mr. ~ailey then called the meeting to order at 7:40 P. M. and announced the first order of business would be to elect offi- cers. Election of Officers Mr. Bailey declared nominations open for Chairmam. Mr. Rutter nominated Mr. Derle B. Bailey for Chairman, seconded by Mr. Earmeming. Mr. Ward moved that nominations be closed. Nomina- tion carried unanimously electing Mr. Bailey as Chairmam. Chairman Bailey thanked the members for the opportunity to serve as Chairman of the Board and added that he appreciated it. Chairmam Bailey declared nominations open for Vice Chairman. Mr. Healy nominated Mr. Vernon Thompson, Jrt, for Vice Chair- man, seconded byMr. Ward. Mr. Rutter moved that nominations be closed. Nomination carried unanimously electing Mr. Thompson as Vice Chairman. Chairman Bailey declared nominations open for Secretary. Mr. Rutter nominated Mr. David W. Healy for Secretary and added that he was Secretary previously and did an excellent job. Mr. Harmening seconded the nomination. Mr. Ward moved that nominations be closed. Nomination carried unaimously electing Mr. Healy as Secretary. Chairman Bailey them introduced himself and the members of the Board. He referred to there being a feW members possibly not being familiar with the Bos~d of Adjustment and requested them to-ask any questionss they desired. Rules of Order Chairman Bailey announced they should set up Rules of Order for the Board to abide by. He referred to using Roberts Rules of Order in the past and asked if any others were pre- ferred. Mr. Healy referred to using a form submitted by the MINUTES BOARD OF ADJUST~NT PAGE TWO FEBRUARY 28, 1977 City ~ in conjunction with Roberts Rules of Order and Chairman Bailey clarified that he was referring to meeting procedure. Mr. Harmening moved that Roberts Rules of Order be adopted for procedures of the meeting, seconded by Mr. Thompson. No discussion. Motion carried 7-0. Duties of Reg~la.r. Board Members and Alternates Chairman Bailey announced that each regular~member was required to attend each meeting. If a regular member cannot attend, he is to notify the Chairman and the Chairman can notify an-alter- nate to fill in.~ tf a regular member misses three consecutive meetings unexcused, his interpretation is that he is automatically re- placed by the City Council. Mr. Rutter replied that as long as a member was excused, there was no problem. However, the first time he was on the Board he had alternates sit in his place for experience when he was here, but he was marked ab- sent. The only way for am alternate to get experience is to attend. Mr. Ward agreed it was good for alternates to attend and added that sometimesa member may not know until the last minute~that he cannot come and cannot notify the Chairman. Chairman Bailey.added that from his experience as an alternate he found it was beneficial to attend in preparation for being a regular member. Mr. Healy asked if the alternates had received the same letter of appointment regarding their attend~mce at meetings and after discussion, it was ascertained that they had received the same letter as the members. Chairman Bailey added that he thought the alternates~felt the same as the regular members and they wouldn't have offered their services if they were not capable. He really doesn't think it is a problem and believes Mr. Eeo ~immerman will be present even if for the Mr. Scoggins replied that he interpretted the letter to mean that he should be present at every meeting. Mr. Thompson then asked if the alternates would take part in the discmssions and Mr. Ward replied that he thomght the al- ternates could enter discussions, but would not have a vote. Mr. Rutter agreed this was a good way for them to break into the Board and they should be able to express themselves, but not vote. Chairmam Bailey agreed and added that he could not recall any time when an alternate had not taken an active part in the discussion. Chairman Bailey then referred to the place for the alternates to sit,and asked if the members thought they could makerroom for two or three more chairs with the regular members.. Mr. Ward referred to there having been confusiom when the alter- n~tes were sea,ed with the Board. Mr. Rutter told abou~ hear- ing comments about his participation in the discussions when he sat with the audience. Chairman Bailey stated he thought they should all be seated together with the audience informed MINUTES BOARD OF ADJUSTmeNT PAGETTHREE FEBRUARY 28, 1977 that the alternates will participate in discussions, but will not vote. He thinks i~ is better to have all the discussion confined to one place and the alternates are part of the Board. This was discussed further and it was agreed that the alternates and regular Board members would all sit at the head table with the suggestion that the alternates would sit at the end. Chairman Bailey announced he would like to see the Board con- fine itself to Board of Adjustment business. He would like all Board members to express themselves pro or con on the issue. Mr. Ward replied that this had been pretty much the setup in the past. Chairman Bailey disagreed and Mr. Ward replied that he did not remember anybody not discussing things and jmst sitting Back. Chairman Bailey clarified that he was referring to a domination of speaking by one person. He referred to some members speaking and others would not speak whether they agreed or disagreed. He stresse~ that they are here to serve and if they are for it or against it, they must speak up and let the rest of the members know how they feel. Mr. Rutter stressed that they should all m~_k~e motions. The Boar~ cannot legislate, but they must listen and come to a conclusion or decision. However, he does not think it is necessary to give a reason for making a motion. Mr. Ward informed him that the law required that a reason be given for making a motion. Mr. Nealy agreed that this had been required within the past year and added that they could also give a reason when voting. There was further discussion whether it was necessary to give a reason when making a motion, when voting, or if it was adequate to state reasons during discussion. Mr. Ward insisted that the law fully explained it and advised that it was required for the motion in view of the possibility of their decision being taken to co~r~, Chairman Bailey then requested that each speaker be recog- nized by the Chairman before speaking and explained how this would result in a more organized meeting. Mr. Healy requested that each member receive an up-to-date zoning map, up-to-date Planning & Zoning Book, and a copy of the section referring to the Board of Adjustment from State Law 163. Mr. Thompson added that it would also be a good idea for the momars to bring their books to every meeting. Meeting Dates Mr. Ward suggested that the Board continue to meet on the second and fourth Mondays of the month at 7:00 P. M. He referred to the Board not meeting at all during the past year on the fourth Monday and explained how he thought it may be advisable if there was one application. Chairman MINUTES BOARD OF ADJUSTMENT PAGE FOUR FEBRUARY 28, 1977 Bailey agreed they should meet on the second and fourth Mon- days providing there is something to meet for. This would be based on receiving notification of an application in the mail. Mr. Ward referred to~?~aeeting on the fourth Monday to approve the minutes and it was discussed whether it would be necessary to meet for this one reason. After further discussion, ¥~. Healy moved to hold the regular meetings of the Board of Ad- justment on the second and fourth Mondays at 7:00 P. M. based on notification of applications.. Mr. Harmening seconded the motion. Under Mr. Thompson referred to having tabled applications and Bailey suggested that the date would be set by the Board for rehearing at the time it was tabled. Motion carried unanimously. Discussion of $~ve~ Requiremen.ts Mr. Harmening requeste~ the Board's feeling on the requirement of a current survey and referred to the possibility of a ten year old survey being valid, but also the possibility of a six months old survey being out of date. He explained how am additional hardship was impose~ with this requirement and askediif there was any way the Board could determine if a survey was valid. Mr. Thompson explained how visitation of a site could possibly verify a sur~ey and suggested making visitation Mr. Rmtter explained how he thought a current survey any risk in their decisions and told about experience with older surveys being quite differ- ent than the site. Mr. Hard added that original surveys had been presented with additions sketched in meeting the setbacks, but when a certified survey was presented it did not conform. He agrees sometimes it i~ a hardship to the applicant to make this requirement, but feels it is necessary at times. They discussed further whether this requirement was necessary. Mr. Healy referred to the application stating a survey not older than six months was required and advised if am~ changes were made, the bt must be notified as they take care of the . There was further discussiom about the cost to o~or the current survey and~ whether it~as necessary for t Board to do their job pro- perly. They also discussed the Building Department,s mmrvey requirements to obtain permits. There was a lengthy discus- sion regarding the up-to-date survey requirement. Mr. Ward then made a motion to leave the application as is with requiring a current survey. Mr. Healy seconded the motion and stated that he didn, t want to have anylloopholes. As requested, Mrs. Kruse then took a roll call vote on the motion as follows: MINUTES HOARD OF ADJUET~NT PAGE FIVE FEBRUARY 28, 1977 Mr. Rutter - Aye Mrs. Hon~ - Aye Mr. Narmening - Aye Mr. Ward - Aye Mr. Thompson - Aye Mr. Nealy - Aye Chairman Bailey - Aye Motion carried ?-0. Mr. Healy asked if a survey of vacant, property must be current and referred to 50 ft. lots and Chairman Bailey informed him that a survey must be dated within six months of when it comes before the Board for review. Mr. Ward add"ed that 50 ft. lots had been grandfathered in as long as the setbacks are met. Discussion .of Asenda Limi~ Mr. Thompson asked if they were going to limit the number of applications the Board would consider on one night? He re- ferred to previously only considering four applications and if they consider additional applications, the meetings may go past 11:00 P. M. Chairman Bailey replied they could use their own discretion and if they were running late, they could postpone the remaining ones and request the people to come back. There was discussion about this being unfair to the people and Mr. Ward stated he thought a quota should be which would also be better for the City Clerk. Mr. Rutter suggested that four cases would be ample. .Adjournment Mr. Harmeming moved to adjourn, seconded by Mr. Rutter. Motion carried unanimously and the meeting was properly adjourned at 8:50 P. M. Respectfully submitted, Suzanne Kruse Recording Secrets~y (One Tape)