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Minutes 01-13-75M!NU~S OF ~E BOARD OF ADJUST~NT ~ETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MOh~)AY, JA~ARY 13, 1975 AT 7:00 P.M. PRESENT FoyWard Alvin C. Boeltz David W. Healy Robert Gordon Vernon Thompson Derle B. Bailey, Alternate Irving Block, Alternate ABSENT ~alter B. Rutter, Alternate John White, Alternate Until after the elections, acting Chairman Ward called the meeti~ to order at 7:00 P. M. He introduced Board members and alternates present. He anno~muced they must postpone action on the minutes. ELMCTIO~ Mr. Ward anno~ced that all offices of the Board are now de- clared vacant. Office of Chairman is now open for nominations. ~. Boeltz nominated ~Mr. Foy Ward for Chairman and Mr. Healy seconded. Motion carried unanimously. Chairman Ward ascer- tained there were no further nominations a~d then thanked the members. He stated he would do the best again to serve to the best of his ability, would try to cooperate with each member to the best of his ability, do the job as he sees it, thinks each member ca~ interpret the job and they will do the best to go along. Chairmam~Ward announced that the office of Vice Chairman was now open for nominations. He then vacated the Chair and re- Guested Mr. Gordon to take the Chair temporarily. ~k~. Ward nominated Mr. A1 Boeltz for Vice Chairman and Mr. Gordon seconded. Motion carried unanimously. Chairman Ward announced that the office of Secretary was now open for nominations. N~. Boeltz nominated ~. David Healy for Secretary, and Mr. Gordon seconded. Motion carried unanimously. Chairman Ward stated he would like the secretary to read all correspondence and keep all m~nutes. He then requested the vice chairmam to sit on his right and the secretary to sit on his left. He then apologized for not doing so before and introduced Mrs. Kruse, the recording secretary. MINU~S BOARD OF ADJUSTmeNT PAGE TWO JANUARY 13, 1 975 OTHER BUSINESS Position of Alternates Mr. Boeltz referred to the position of alternates and whether they should participate like they have or not. He pointed out that many nights when everyone was present, they would have nine members and when that happened, it would run into late hours with a lot of questions. Chairman Hard added that when he was an alternate, they sat in the audience and came to the microphone for discussion. ~. Boeltz stated he thought the Chairman could ask if they have any opinion on cases decided. Mr. Thompson stated he noticed that it was not required for an alternate to attend meetings and he thinks this is what Mr. Roberts referred to when he mentioned not being able to get people to serve on Boards. He would like to have them kept informed and possibly notified in advance when someone was going to be absent. Chairman Ward informed him that prior to last year, all the Alternates came to every meeting and if someone was absent, an alternate was called. Possibly i~ someone was not familiar, it might be helpful to sit in, but he didn't think it should be required. They have been acting on precedent. I~. Thompson questioned if alternates received a copy of the minutes and Mr. Healy replied: yes and informed him that they also receive a copy of the application so if they care to look at the property, they may do so. They get all the same infor- mation as the Chairman and regular members. They can make comments with a knowledge of what is going on with having this information. ~. Healy then pointed out that in the minutes of past meet- ings alternates were listed as being absent, even though they were not required to be present. Chairman Ward agreed and pointed out if they missed three meetings, they could be dismissed. Mr. Boeltz stated that meant an alternate could miss as many meetings as he wanted to, but a member could not. Mr. Healy questioned if a letter was sent to alternates and Mr. Bailey read his letter and pointed out that it only referred to members missing three meetings and did not men- tion alternates. Chairman Ward stated he believed this should he clarified. ~. Bailey replied that he interpreted this letter to distinguish a difference between a regular and an alternate. It states that he has been appointed to serve on the Board of Adjustment as an alternate and to him, this definitely distinguishes between an alternate and a member. Mr. Thompson agreed and stated he believed it meant that an alternate was only required when a regular member w~s absent. MINUTES B0~RD OF ~DJUST~NT P~AGE THREE JA~Y 13, 1975 Mr. Bailey added that this was an entirely different letter than he received last year. Mr. Thompson stated he believed this letter was in accord with ~o RoBerts' statement several months ago. Mr. Healy then read his letter which he received when appointed an alternate an~ pointed out that it made no reference to missing three meetings. He added that his ori- ginal letter came from Mrs. Padgett. Mr. Healy made a motion for the Chairman to consult with the City Manager in reference to the status of the alternate re- garding absenteeism, whether he comes under the three meeting cla~e of absenteeism and whether he is required to attend all meetings. F~. Thompson seconded the motion. Motion carried 5-0. Members' Phone Numbers Mr. Gordon suggested that each member give his phone number and they are as follows: Chairman Foy Ward 732-3531 (Home) 732-4861 (Office) V±ce Chairma~ A1 Boeltz - 732-6871 Secretary David Healy - 737-2690 Vernon Thompson Robert Gordon - 732-7928 Boynton Jr. High (D~y) - 737-4247 Derle Bailey - 732-1213 (Home) 737-0101 (0ffice) !rvi~ Block - 737-5123 Correspondence - Re. Voting Proced~re Mr. Healy referred to a request from N~. Boeltz and Council- man Strnad and read a memo from Frank Eohl to Ernest Simon requesting a legal opinion in reference to the n~mber of mem- bers required to attend a meeting and the 4-1 vote. He then read Mr. Simon's reply which referred to Section~x1-15 of the City code stating any action taken by the Board of Adjustment required the concurring vote of four members and accordingly, a minimum of four members must be in attendance, i~ reply to the second question, a 4-I vote would meet the requirement. Mr. Simon's letter was dated December 30, 1974 and Mr. Kohl's mem'O~was dated December 12, 1974. MINUTES BOARD OF ADJUSTMENT PAGE FOUR JAh~0~R¥ 13, 1975 Mr. Healy questioned if this was clear to all the members. Mr. Thompson replied it was quite clear to him, meaning they must have a 4-1 or 5-0 vote for something to pass. Chairman Ward referred to having a 3-2 vote on a motion to grant and that this would be denied under this opinion. Mr. Thompson and Mr, Gordon agreed. Mr. Healy disagreed, stating they needed four votes. Mr. Boeltz also disagreed stating they needed four votes either way. He added that he believed they needed more information. Mr. Healy stated he thought it was clear and a 3-2 vote would make it neces- sary to automatically reconsider it. The Chairman could bring it up later at that meeting or if it is not brought up, it would be discussed at the next meeting, unless the Chairman sets a specific date to consider it. Chairman Ward referred to a previous application which was tabled. Mr. Healy stated they had voted to table this matter. In this form, it would not be necessary. In his estimation, it is automatically reconsidered or placed on the table. Chairman Ward then read the statute applying to this and added that he still believed it should be a little clearer. Mr. Boeltz stated they must have four votes to defeat or four votes to pass. He thinks they should possibly talk to the attorney again. He would like to have it settled once and for all. i~. Thompson stated he agreed with the 5-0 or 4-1 vote, but referred back to the 3-2 vote stating it would not be dead nor approved, but a date should be set when a decision would be made. It should come back within~30 days, but it could possibly go on and on if they continued to get a 3-2 vote. Ms. Boeltz added that he didn't think it was fair for a tax- payer after paying the fee and having a 3-2 vote to be turned down. Information for Members Chairman ~Ward referred to ~~ne from and added that each member and~zalternate should also request a copy of the State statutes from the City Clerk. Mr. Healy suggested that they should all have any information that would be beneficial in making amy decisions. Chairman Ward stated he would try to get a copy of everything that would be helpful for each member. Mr. Block questioned how often this Board meets and Chairman Ward informed him that they met last year on the second and MINUTES BOf~RD OF ADJUSTmeNT PAGE FIVE JANUARY 13, 1975 fourth Mondays at 7:00 P.M. in the Council chambers. Mr. Boeltz questioned if they could hold one meeting a month and Chairman Ward replied they could possibly, but might get quite a workload sometimes. M~. Gordon added that the Chairman could always call a second meeting. M~. Healy questioned if it was necessary to hold two meetings a month and Mr. Thompson replied that it wasn't right now according to the building permits issued, but might be necessary when the moratorium was lifted. F~. Healy suggested to have the regular meeting the second Monday of each month and to give the Chairman the authority to call a special meeting at any time. Mr. Thompson suggested holding the fourth Monday open for special meetings, so as not to tie up other dates. Chair- man Ward agreed, but added he did not know if it conflicted with the statute. ~. Healy pointed out that since they were going to have four or five alternates, he didn't believe it would be a ~andicap to any applicant. He is sure they could always get five members. Mr. Healy made a motion for the regular meeting to be held on the second Monday of each month at 7:00 P.M. in the Coun- cil chambers. Mr. Thompson seconded the motion. Under discussion, Chairman Ward added that the fourtB'.~Monday would be open for special call and Mr. Boeltz added that the reason for this was to save on gasoline. Motion carried 5-0. ~2uest to sec.reta~y Chairman Ward requested the secretary to keep the minutes, read correspondence and have all the minutes available from previous meetings so they we~uld have them for ready refer- ence. ~;~. Healy requested that he be given the past records of the Board of Adjustment. Chairman Ward replied that he would be willing ~or him to have them if they are available from the former secretary. He added that M~. Frank Lucas kept them right up to date until his death and possibly if he could not get them from Mr. Rutter, ~Ms. Lucas may possi- bly still have them. ~M. Healy asked the Chairman to write a letter to the previous secretary requesting him to turn them over to him. ~nf0rmation for Meetings Mr. Thompson asked if in the past they received the agenda beforehand in order to study it and save time at the meet- ings? ~M. Healy informed him that they have no agenda, but receive a notice from the Chairman showing the applicant's address, reason for request, etc. There may be one, two or three parcels which may be discussed. Yomwill receive this at least one week prior to the meeting, as it must be published. He then showed the new members a copy of a previ- ous notice. Chairma~ Ward clarified that this really was forwarded from the City Clerk, MINUTES BOARD OF ADJUST~ENT PAGE S ~ JA~ARY 13, 1975 Board Meetings Mr. Gordon questioned if the Board met every month of the year and Chairman Ward replied: yes. ~. Healy added that the reason they met every month yearly was that the appli- canthas a right of appearance before this Board. When an applicant makes an application, it is immediately sent into the newspaper to meet State law. po~ion..0f..~lt~r~ates .(Continued) Chairman Ward askedwhat was the Board's pleasure in refer- ence to seati~ of alternates? Mr. Healy requested a recom- mendation from the Chairman, since he is the oldest member. Chairman Ward replied his recommendation would be to follow the precedent before 7974 and have the alternates sit in the audience and wait until they are called. Apparently accord- ing to the setup now though, they do not have to attend; but until that is resolved, he thinks they should sit in the audi- ence because of the limited space in front. ~. Healy then questioned how an alternate would be called in ~the a~se~¢e~.~~ a member, if according to seniority or what? Chairman Ward informed him that during 1974, they called ac- cording to seniority, but before that they tried to s~ternate and give each a chance. In his opinion, he thinks to alter- nate is the best way, but this all should be decided by the Board. Mr. Nealy suggested that a regular member should take a night off in order to give an alternate the chance to sit in since they may possibly have five alternates. Mr. Boeltz referred to them having the same five members to consider a tabled item and Chairman Wardverified this with a letter. Mr. Thompson questioned if he meant that only the regular members could vote and ~. Boeltz replied that he was only referring to tabled items. Mr. Thompson referred to the possibility of an emergency when a member could not attend. M~. Healy read a memo to the Board of Adjustment from Betty Rothman advising that Mr. Simon stated that Board meetings should convene and be held with a five member Board. If they come to an item when a member must disqualify himself, he must do so before discussion. The same five members must take part in the discussion. This only applies to disquali- fication. ~. Healy then read a letter dated April 23, 1974 written to the regmlar and alternate members of City Boards from the City Council stating if any member or alternate member of a Bo~d or com~ttee misses three meetings without excuse being MINU~S BO~MD OF ADJUSTmeNT P_~GE SEVEN JA~$~M¥ 13, 1975 given, they will be deemed ~able to finish the term and the Chairman should inform the Council so a new member m~ be appointed. Mr. Gordon remarked that this was the same as the letter he rece~ed, but this referred to alternates. ~. Nealy withdrew his motion requesting the Chairman to con- sult with the City Manager about this decision. Mr, Thompson withdrew his second. Motion carried 5-0. Mr. Gordon stated he thought as long as an alternate has the spirit of this body at heart smd this City at heart and he attends and it does not interfere with the seating, he be- lieves he should be allowed to sit on the Board. ~. Boeltz remarked that he would be asking questions which could drag it oUt. Mr. Gordon pointed, out that he would not have any vote and added that he felt he should feel at home. ~. Thompson stated he felt an alternate should be made to feel like he is a part of it. Possibly they could sit at the table in front. He could not vote, but he should be allowed to ~eak. Mr. Boeltz stated that at the end, an alternate should be allowed to give his opinions. He peinted out that th~should consider the applicant and whether he has nine members asking questions or just five. ~e should just ask for the alternates' opinions. He does not think an alternate is a member in the committee~ but is an alternate to take the place of a regular. ~. Gordon remarked that they should keep them interested. Chairman Ward stated he believed it was a good point to have the alternates sit at the front table. Mr. Healy asked about the previous procedure and Chairman Ward informed him that prior to 1974, the alternate members sat in the audience until they were called, but they did not have any voice in the meeting. Mr. Healy questioned when the change took place and Chairman ~ard informed him that the change was made when~o Ryder was appointed and he didn't want to take a back seat and he went to the City Council and they told him he could take part. Mr. Healy stated that this decision was then made by the City Council and he questioned whether they had the right to ch~uge it? Chairman Ward replied that according to law, they can. The orecedent w~s set j~st for the one year. Mr. Thompson state~ he believed an alternate should be able to take part in discussions. Mr. Healy stated he didn't believe in sh~tting them out altogether, but just pointed out that since it was decided by Council, he ques- tioned whether they had the power to change it. ~r. Hoeltz stated that under Roberts Rules of Procedure, they can pro- ceed any way they desire. He believes an alternate is an alternate and cannot vote. MIh~TES BOARD OF ADJUST~ENT PAGE EIGHT JANUARY 13, 1 975 I~. Thompson gave the example of a person with an applica- tion before the Board and possibly ten to fifteen people speaking in favor or against and he questioned why they couldn't ha~'e the alternate also give his opinion before closing before voting? ~r. Healy stated he believed Boeltz was referring to whether the alternate should have the same right with questioning the applicant as a member does or if he should just give his opinion.. He added that he didn't want to deny it, as he was an alternate last year and sat on the Board. ~. Boeltz referred to an applicant being given a fair deal with being questioned by a different amount of Board members. M~. Healy stated he believed an alternate should be able to state his opinion, but not question. Mr. Boeltz made a motion that the alternates sho~mld be seated at the table in front and they cannot question any applicants, but can offer their opimion to the Board. ~. Gordon seconded the motion. Under discussion, Mr. Thompson stated he agreed with the seating and the alternates not being allowed to ques- tion the applicant, but he didn't agree in limiting them in giving their opinion after the members decided what to do. They should feel free at any time to inject any comment up until we are ready to vote. At any time, they should be able to direct questions to us. Mr. Gordon clarified that an al- ternate could question the members, but not the applicant. The members agreed. Motion carried 5-0, Procedure Mr. Healy suggested that in order to have some decorum on the Board, they should question the applicant in turn after being asked by the Chairman. This would eliminate any interruption. The members agreed. Mr. Boeltz stated that possibly they may ~/~o/?ff have another question after he~ing the others and Mr. Healy informed him that if this occurs, they should wait untj~all ~1~)~ the members have had a turn and then ask the ChairmanX..~~/~~ speak again. First give a chance to each member to d~ his questioning, then ask the Chairman to speak again, ~. Boeltz stated that he thought anyone that comes before the Board should be requested to state his name and address into the .microphone and this should be handled by the Chair- man. Chairman Ward agreed. Mr. Boeltz added that he felt the applicants would feel better and be more at ease. Mr. Thompson suggested that at the beginning of all meetings, the Chairman should inform the power of this Board. Chairman Ward agreed. MiNU~S BO, ARD OF ADJUST~NT PAGE NINE JANUARY !3, 1975 Chairman Ward asked if the alternates had an~ additions, comments, etc.? ~. Bailey replied that he didn't have any comments. ~. Blook stated he had nothing at this time. ADJO~NMENT ~. Thompson moved to adjourn, seconded by Mr. Boeltz. MotiO~ carried 5-0 and the meeting was properly adjoined at 8~25 P. Mo