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Minutes 02-07-77MINUTES OF THE SPECIAL MEETING OF THE BOARD OF ADJUSTP~NT HELD AT CITY HALL, BOYNTON BEACH, FLORIDA MONDAY, FEBRUARY 7, ~977 AT ~ :00 P. M. PRESENT Joseph Aranow, Chairman Derle B. Bailey, Vice Chairman Robert Gordon, Secretary George Ampol Vernon Thompson, Jr. A. J. Caravetta, Alternate Walter Rutter, Alternate ABSENT Alvin C. Boeltz (Excused) Foy Ward (Excused) Chairman Aranow called the meeting to order at 6:10 P. M. and announced he had called a Special Meeting to discuss the appointment of Board members. Chairman Aranow read Florida State Statute, Chapter 163.220, and referred to this being the State Law under which the Board of Adjustment was appointed. Prior to this law, the City had a law which said there would be five members of the Board of Adjustment with a vote required of four votes either for or against. It was brought to the City Council's atten- tion that requiring 8~ of the vote was inequitable to the people coming in and there was no reason why they could not have a majority vote and increase the Board to seven members which would give the same vote of four as required in the City law. He thinks this is the law they were appointed to serve under. He then read Section 6 of the proposed ordi- nance to Be read by the City Council tomorrow. As far as he is concerned, there are quite a few differences. It is different in two respects. Everybody will have a one year term and the members of the Board can be removed by a major- ity of the City Council not for cause, but at will. Also it says they are being fired on the day this becomes effee- tiveo He thinks this sa~not only are they being fired as o£ the time this is signed, but the members of said Boards shall be thereupon appointed by the City Council in accor- dance with the provisions of this ordinance. It seems to say as soon as they are fired, they will be re-appointed. Mr. Ampol replied that the City Council would appoint whom- ever they w~uted and this ordinance was politically moti- vated. Chairman Aranow reread this section of the pro- posed ordinance for clarification. Mr. Rutter replied that it stated new members and tomorrow night when this is passed, this is no Board of Adjustment until the City Council appoints a new Board. It does not mention the existing Board members. There is a question about new and existing members. Mr. MINUTES BOARD OF ADJUSTMENT PAGE ~0 FEBRUARY 7, 1977 Gordon replied that he thought it applied to new members. Mm. Rutter continued that he did not think it would be ad- visable to wipe out the slate and bring in all new members. He asked if it stated all members and Chairman Aranow reread it again and pointed out that it did not say a~thing about new or old members. ~. Gordon stated that he thought ~t could be interpret~J either way, but it didn't sound good to him. Mx. Ampol stated that the members of said Board shall be appointed by the City Council. If a City Council member does not like th~ way you part your hair, you will not be re- appointed. They do not care about qualifications. It is politically motivated. They disregard qualifications. Thompson informed them that the City Council made it clear to him that they will appoint new or old at their discretion. They left room to appoint all new or do whatever they want. It is clear cut. Chairman Aranow clarified, that the City Council wants to fire the old Board and appoint whomever they want. The point is basically everybody here is fired.. There is no question about that. That is the si~tion as far as that point is concerned. Chairman Aranow again read the State Statute and Mr. Gordon pointed out that the new ordinance did not live up to the terms in the first sentence. Chairman Aranow replied that they were appointed under the amendment changing this Board from five to seven members and they attempted to apply it to the State Statute last year by appointing at three, two and one year terms. At no time would this Board ever lose more than a minority of members. This Board is a qua~i-judi- cial Board and is not subject to the whims of the governing body, City Council or anybody else. This Boar~ is free to render their decision and if anybody does not like their de- cisions, they can appeal to the courts. Nobody has the right to fire the members once they are appointed without just cause and in writing. Mr. Rutter questioned just cause. Chairman Aranow continued that there was nothing here ex- pressing any desire on the part of the City Council to fire people for a reason other than they have the authority and can do as they please. Mr. Rutter stated that possibly each Council member wanted to be in the position to appoint their own members and Chairman Arano~ asked if this is what the State wanted? He added that Mr. Moore feels the City Council can do what they please and have the right to fire, hire, etc. Mr. Rutter referred to the advisability of having men serve on the Board with overlapping terms to gain experience and knowledge. However, he does not know what just cause would be. Chairman Aranow stated that if the City Council fires this slate of members as of the date of the signing of this new ordinance, they are starting with a new Board. They may MINUTES BOARD OF ADJUSTMENT PAGE THREE FEBRUARY 7, 1977 appoint two or three of the members who now sit here.and these members may want to serve again. However, he has no intention of serving under these terms and conditions. He does not want to have any lose ends about his appointment. As a member of the Board of Adjustment, he wants to know he can state his opinions. He still feels the same as when he took this job that he wants to serve the community and do the job for the people here as well as for himself. Under these circumstances, he does not feel he should just accept this without doing whatever he can to see how the State Law puts it. Mr. Rutter asked why this all came about and Chairman Aranow replied that the e~ire Board was appointed last year by a vote of 5-0 by the City Council and Mr. Gordon agreed. Mr. Bailey disagreed and stated he remembered a 3-2 vote. Chair- man Aranow clarified that originally ~s. Jackson or M~. Harmening made a motion to nominate someone and it was denied and then either Mr. Zack or Mr. Strnad made a motion for an appointment and it was approved by the City Council with a vote of 5-0. Mr. Thompson stated that he was appointed to the Board of Adjustment several years ago and he does not know how he got on the Board, but he just received a letter. Chairman Aranow referred to the ~pecial City Council meeting ~scheduled tomorrow night and asked if they wanted to say anything? Chairman Aranow stated he also wanted to call their attention to the Home Rule Bill which became effective October 1, 1973 and he read Page 3, Subsection 4. According to this Home Rule, it seems to him that the City Council cannot change the office of any Board members excepting by referendum andt~his proposed ordinance is not the way to do it. However, he does not know if he is right. He is just reading this for the mem- bers' information. Mr. Moore has stated, that the City Council can do as it pleases. ~. Rutter remarked that he wonders about this change and Chairman Aranow referred to the s~ing in 1974 being with a 3-2 controversial vote with Mr. Roberts and Mrs. Jackson in control and then the 3-2 control by Mr. DeLong, Mr. Zack and ~. Strnad. Mr. Ampol stated that what they see now has been going on for the last 20 years in Boynton Beach with a 3-2 vote. Chairman Aranow told about making a big mistake in reference to politics and stated that he doesn't want any part of them. He still feels that way serving as a Board member. He does not want to serve at the whim of any poli- tician. There should not be anybody pulling the strings at which they should d~uce. Chairman Aranow stated that he would like to say something at the City Council tomorrow in opposition to this. He knows as an individual he can say it. If anyone wants to MINUTES BOARD OF ADJUST~NT PAGE FOUR FEBRUARY 7, 1977 join him, they may. If the Board wants him to act oK their behalf, they should express themselves. He will not do a~y- thing unless they tell him. Mr. Thompson replied that he agrees to the point that the Board of Adjustment should not come under political rule with changing members each time with new people. He thinks it ia good to serve on the Board knowing you will be there the following year and can carry experiences learned to the following year. Mr.. Rutter re- plied that he would like Chairman Aranow to speak for him. He thinks the knowledge of the Board and the way it wor[~ should be expressed.. Mr. Thompson referred to the feeling experienced when waiting to see if you were going to be ap- pointed to a Board. Chairman Aranow clarified that he was talking about the Board of Adjustment because there is a particular Statute covering the Board of Adjustment and the Home Rule affects the Board of Adjustment. He resents anyone being ab~e~ to fire him because of the color of his tie or his religion instead of firing for a just cause. He does not mind being fired for a just cause, but resents anyone thinking they can hire him when they think they can fire him at any time. Mr. Rutter asked if the Board of Adjustment was possibly singled out because of implicating certain departments be- cause of errors made and they brought them to light for the good of the City. Chairman Aranow replied that this could very well be. He added that he could understand the pre~u- dice which may exist and referred to the situation at Village Royale on the Green having been brought to the attention of the City Council without question in the last couple years. Mr. Ampol told about calling Mr. Boeltz and be~ug informed that he did not care to serve on the Board of Adjustment. Since ~M. Boeltz has lost his wife, he has lost all ambi- tions. ~. Boeltz asked that notice be given that he is resigning. Before the same thing happens to him like it did in 1973 when Mx. Roberts and Mrs. Jackson threw him off the Board for no just cause, he is not giving them the opportunity to do it again and is resigning tonight. He will submit a letter immediately. He will not serve as long as Mrs. Jackson is on the Council. ~. Gordon requested him not to be hasty. Chairman Aranow stated that this ordinance has not been passed as yet. He does not know if he wants to get involved. This ordinance is not the same as it was on the original time it was read. He thinks it is different and has been amended at least twice or three times before it got into its present condition. Ordinance No. 77-5 was read on first reading on January 18, 1977, but he says this ordinance in its present form was not in existence on January 18, but on that date it was an entirely different ordinance. If there must be a MI~TES BOARD OF ADJUST~NT PAGE FIVE FEBRUARY 7, 1977 second reading after the first reading, there may be a techni- cal objection on that basis. The contents applying to the Board of Adjustment really interests him. There has been a special meeting created for this ordinance. There is no rea- son why this could not be brought up on the floor of the regu- lar meeting. He appeared at the last meeting under Public Audience and set forth his thoughts. He will be able to be there tomorrow night and would like the members to tell him what they want him to say. Mr. Thompson requested that both statements be deleted regard- ing resigning. He would like to see Chairman Aranow go be- fore the City Council before they vote. If this is pointed out to them, hopefully they will reconsider and place some members back on the Board and in the course of the year, possibly they can change this law. Now they only have 24 hours and that is not much. If they are placed back on the Board, they can do a lot to make a change during the year. It can be brought to many peoples' attention. This year they accomplished getting hands off the Board. He believes they should delete Mr. Ampol's statement and Chairman Aranow's abou~ not wanting to serve under these conditions and go before the City Council with an explanation. Mr. Ampol re- plied that he was not giving them the opportunity to dismiss him. He got it through the grapevine that he is the No. 1 man to be knocked off. He will not serve under Mrs. Jackson. Chairman Aranow informed him that he owed a responsibility to the people of Boynton Beach. He took this job to serve a certain term and should not be controlled by anybody and could only be fired by just cause. He should not quit the job because he does not like the ball game. His responsibi- lity is not to the City Council. They should not quit be- cause there is a personality problem. This should not cloud their judgement when they vote on a case and on what they decide here now. Mr. Gordon asked if this had happened every year and Mr. Ampol replied: yes. Chairman Aranow asked where the buck stopped? Insofar as this Board, they should control them- selves. They have been appointed with certain terms and conditions and now the City Council wants to change those terms and conditions. He thinks the law reads this way and their attempt to change i~ is a violation and to such an ex- tent that they are not doing what the legislatures thought they were going to accomplish. They never said they were trying to get politics out of the Board of Adjustment, but said there shall be no more than a minority leaving the Board in one year. It means the Board of Adjustment would have members with at least two years of experience serving at all times. It means a man could only be fired for just cause and no control by the City Council and any review of the rulings by the Board of Adjustment would be~in the courts. MINUTES BOARD OF ADJUSTMENT PAGE S IX FEBRUARY 7, 1 977 They do not have to worry about the tremendous salary they are making as they are working free of charge and to do a .good civic job. If the City Council fires us upon the sign- lng of this paper, it changes the score card. We have the right to express our opinion before they vote, But he does not think we should bring into it the personality business. He thinks the people of the City will find out that this is what we said and what we stand for. If the people have in the past been volleyed back andl~forth every other year with 3-2 votes, he thinks it is about time politics is called to a halt. Maybe if we open our mouths at this time, maybe in ten years it will have some affect.. Mr. Ampol remarked that they will have the 3-2 vote for the next two years and Chair- man Aranow replied that he did not know that. He thinks it is as good a time as any this year to break away from it. He does not know anything about politics. At the begin~ing of last year, he heard the 3-2 vote and prior to that, it was a 3-2 vote. In the latter part of last year, he found the 3-2 vote of ~. Zack, Mr. DeLong and Mr. Strnad was not in existence. He found that Mr. Zack on three occasions voted with Mr. Harmening and Mrs. Jackson. He also found on a few occasions that there has been a 4-1 vote with Mr. Strnad on one side. He also has found that they have been closing the lines; maybe slowly, but it has been done. Mr. Ampol stated that next year, it will be 3-2 votes. Mr. Bailey stated that ever since the election, he has known the intent of this ordinance and he does not think there is any question of how to interpret it.. He is interpreting it with the reasoning that the City Council would like to wipe the slate clean and appoint new Board members. He then asked if any of the members had been asked to submit a letter to Mrs. Padgett? Nr.m Rutter, Mr. Gordon and Mr. Thompson replied that they had Been asked. Mr. Bailey added that he had been asked. He continued that when he was asked to sub- mit the letter, he was told it was going to be as non-politi- cal as possible in the selection of the Board members and he was asked to submit a letter with a resume. However, i£ it was going to_be made as non-political as possible, he does not think these few individHals would have been singled out. He was appointed in 1976 for a one year term. As far as he is concerned, his term expired on December 31, 1976. The City Council requested the sxisting Boards to continue until this ordinance was finalized and that is why he is present tonight, knowing as soon as this ordinance is passed, he is going to lose his seat on the Board of Adjustment. He does not want to hinder the Board. He has not submitted a letter for the reasons stated with only four being asked. He then asked to be excused from this meeting. Chairman Aramow re- plied that he could vote any way he wanted. Mr. Bailey stated he did not feel he is an official member of this Board because his term expired on December 31, 1976. Chairman Aranow informed him that his term did not expire until the term was filled. Mr. Bailey disagreed. Chairman Aranow MINUTES BOARD OF ADJUSTMENT PAGE SEVEN FEBRUARY 7, 1 977 clarified that Mr. Bailey was appointed to serve until his term expired and his successor appointed. Mr. Bailey replied that the old ordinance stated a one year term. Mr. Thompson stated that the Council asked him to serve until he was re- placed and he has not been replaced. Chairman Aranow referred to the law stating to serve until successors are appointed and Mr. Bailey replied that this was not according to the City Ordinance. Chairman Aranow stated that Mr. Bailey would be excused from voting, but requested him to stay.and listen and participate in the discussion. Mr. Rutter stated that he assumed all the members had been re- quested to submit a letter. ~. Gordon clarified that all he had received was a letter regarding finances and Chairman Aranow agreed that this particular letter was sent to all the Board members. Mr. Rutter clarified that he received a phone call asking him to write to ~s. Padgett asking whether he was willing to serve on the Board of Adjustment and if so, to state this including some background information. In the letter he submitted, he stated what had happened during his terms on the Board and offered to serve as a regular member. Chairman Aranow asked when he received this phone call and Mr. Rutter replied about three weeks ago. Mr. Bailey added that it was about January 18. Mr. Gordon stated that he did not receive such a phone call. Mr, Rutter stated again that he figured all the members had received such a call and this was going to be discussed tonight. Chairman Aranow stated that he did not receive such a phone call. Mr. Thompson advised that Mr. Ward had called him asking him to pass this on. He.submitted a letter to Mrs. Padgett as requested. He was under the impression that it was to strict- ly eliminate the politics part. He did not question it. He wanted to serve on the Board. Mr. Rutter continued that he asked why the letter was required and was told because of the new procedure. He was told the new ordinance would re-arrange and adjust the various Boards to make it better for the City to operate. Chairman Aranow stated again that he did not receive such a call and Mr. Gordon stated that he did not also. Mr. Rutter suggested that possibly the three who re- ceived the calls should abstain and Mr. Thompson replied that regardless, he would serve under the conditions like they are now because he served last year and the year before. Mr. Bailey stated that he did not submit a letter. He feels this should be in the hands of the City Council. He thinks the governmental body should have full control of the City without the State stepping im. Mr. Thompson replied that he did not think the State was saying this. Mr. Ampol stated that they would just be puppets with permits being issued without variances. Mr. Bailey replied that if that i~ what the people want, it is okay, but it is not the job of the Board of Adjustment. Mr. Thompson stated ~hat he assumed the~present Council wanted the letters and to him it was MINUTES BOARD OF ADJUSTmeNT PAGE EIGHT FEBRUARY 7, 1977 nothing. Mr. Ampol stated that he had now gotten the whole picture and that is why he is resigning. Mr. Rutter stated that he had not felt like he was a puppet on this Board. Chairman Aranow stated that he did not either until he saw this new ordinance. Mr. Ampol stated again that he was re- signing and ~. Rutter requested him to wait and see what happens. Mr. Rutter stated that if they believed in what was being said, they should have a representative speak for the Board working for the benefit of the City. He thinks the Board was out- standing las~ year in their functions with nobody telling them what to do.~ Mr. Ampol stated that he served in 1973 and did not miss a meeting. However, as soon as Mrs. Jackson and Mr. Roberts got in, he was knocked off for no reason at all because he did not vote for them. It is politically motivated. Mr. Thompson suggested that he point out how he feels and let the Council make the decision. Mr. Rutter agreed it should be made a matter of record. Chairman Aranow referred to the State Statute stating the Planning & Zoning Board and Board of Adjustment should meet and work together as brought up by Mr. Ward several times. H~e explained how the agenda for the City Council meetings did not really state what was going to be discussed. A dozen laws have been passed which effect the Board of Adjust- ment and unless they are present at the City Council~'~meetings, they never know what is affecting them until after the law is passed. They do not know if the Planning & Zoning Board has brought up a law. The Planning & Zoning Board never discusses it with the Board of Adjustment. He referred to the various problems they had run into. He feels they should tell the City Council they do not approve of this~atter of doing things and he feels they should not serve under such conditions. Maybe they will change, but he does not know if it is the right thing to do or not. Mr. Thompson suggested doing away with the minutes and delet- ing parts. There is nothing wrong with expressing their opinions, but he thinks only the Board members should know what went on. He feels the Chairman should advise the City Council that a meeting was held and there were discussions and they feel it is not right to change the Board members at will. Chairman Aranow disagreed and requested, the secretary to type the minutes in their entirety. Chairman Aranow stated h~ would speak to the City Council tomorrow night and he would like everybody individually to tell him what they don't want him to say. He plans to tell them that a Special Meeting of the Board of Adjustment was called and everyone was present except Mr. Ward, who could not attend with not having been notified until the last MINUTES BOARD OF ADJUSTMENT PAGE NINE FEBRUARY 7, 1 977 minute,and Mr. Boeltz, who did not attend Because of the loss of his wife. He is not going to mention anyone's resignation. He is going to point out to the City Council that it was the consensus of the Board of Adjustment members present that the proposed change in the ordinance insofar as the Board of Adjustment is not approved because of the fact there is an elimination completely of experienced members with the new Board coming in. In his opinion, the State Statute took into consideration that they never wanted to have more than 1/3 of the Board replace~ at any one time, so there would always be experience on the Board. Also the fact they will Be able to fire people because they don't like their looks and have no reason whatsoever except have the authority is something which doe~ not sit well with the members of the Board. If they see this point of view, he suggests a change be made. It is their privilege to sign the ordinance as it is. Mr. Rutter stated that among the members of the Board of Adjustment, he had never even given the political angle a thought. He listened to both sides of the cases knowing the City's problem and made decisions to benefit the City and applicant. There is no way he ever thought he had to please some politician. Chairman Aranow asked if he felt the same way now and Mr. Rutter replied that he has never been involved with any of them to think otherwise. Mr. Ampol stated that the three people on the Board who received phone calls and submitted letters would be rehired and Chair- man Aranow replied that he did not know about that. Mr. Bailey stated that if he gets re-appointed, it is without a letter.. He still feels the State should not control the City. He feels like he should be capable of representing himself because he doesn't think the Board of Adjustment should get involved as it is not their job. If Chairman Aranow talks for the Board, he is not speaking for him. Mr. Ampol clarified that it would be the majority of the Board. Chairman Aranow stated that he woUld state the con- sensus of the Board, not mentioning majority or minority. ~. Ampol referred to calling Mr. Ward over an hour ago and stated that he probably didn't want to get mixed up in this and that is why he has not come. ~. Rutter stated again that he was under the impression that they were all asked to write a letter. Mr. Thompson added that he was called one night and the next day, he submitted a letter because he thought everyone was. Hew~s told it was to eliminate poli- tics. Mr. Rutte~ asked what type of person the Council was looking for to be a member of the Board and Chairman Aranow replied one they could fire at will. Mr. Bailey remarked that if the majority of the Council agrees, it is fine with him~ Mr. Thompson stated that it is like any organization and should beoopen for ideas. Mr. Ampol stated that he was told to his MINUTES BOARD OF ADJUST~NT PAGE TEN FEBRUARY 7, 1977 face that he ~ampaigned against them and he would be dismissed from the Board. ~. Thompson stated that he thought they should be concerned with uPgrading the City. He does think they should have alternate terms and ~M. Rutter agreed that any well organization has the Board members staggered. ~. Ampol stated that he did not miss a meeting in the past year and he served on the Board faithfully and because h~ does not part his hair in the middle, he will be dismissed. He is a professional engineer and could get $50.00 for serving. He is. resigning. Mr. Thompson requested again that the minutes be disregarded and Chairman. Aranow disagreed. Chairman Aranow told about his experiences in law practice and how it possibl~ compared. He then announced that anyone could speak tomorrow night at the City Council meeting and say whatever they want. He will be there and will say what- ever he has to say and will mention ~his own feelings in the matter and let everyone talk for themselves. Mr. Rutter requested him to speak for the consensus of the Board. Chairman Aranow clarified that he would advise that a meet- lng was called and everyone expressed themselves. The meet- ing was conducted in the open and they expressed their own personal opinions. Ne added that he found out about this Special City Council meeting by accident.~ It does affect possibly four to six other Boards and he does not know if ~ny of the other Boards ~ow any more about it. He does not think it is right for matters to appear on the City Council floor without the people affected being notified. The agenda is drawn a day or two in advance and it does not tell you actually what they are going to talk about. He added that a couple of other things were included ~n the agenda, in- cluding Village Royale of the Green, but he ~efies anyone to find out just what it applies 'to. Adjournment Mr. Ampol moved to adjourn, seconded by Mr. Bailey. Motion carried unanimously and the meeting was properly adjourned at 7.30 P. M. Respectfully submitted, Suz~ne Kruse Recording Secretary (Two Tapes) (After the meeting, Chairman Aranow again requested Mrs. Kruse to type the minutes in their entirety)