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Minutes 01-26-73MINU~ES OF SPECIAL CITY COU~CIL ~.ETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, FRIDAY, JANUARY 26~ 1973, AT 5:15 P. M. PRESENT Mrs. Emily M. Jackson, Mayor Joe DeLong, Vice Mayor David Roberts, Councilman Edward F. Harmening, Councilman Forrest L. Wallace, Councilman Ernest G. Simon, City Attorney Frs. Tereesa Padgett, City Clerk Harold R. Hopkins~ Acting City Mgr. C M~yor Jackson called the special meet/rig to order at 5:15 P. M. Discuss City's Position re Building Permit~ Viee Faayor DeLong stated that it appears that a study is now in order to ascertain the City's present ability to accommodate the outstanding commitments for wate~ and sewer service, and to formulate the necessary plans for the expansion of our existing system. Failure to act now could result in an overloaded treatment plant and a shortage of water. Projected vision and intelligent planning in this matter is most imper- ative n~. Therefore: I move to immediately suspend the issuance of all new appli- cations for buildin~ pe~mits~ notifying the City Buildin~ official that the only exceptionwillhe single family and duplex~esidances and the request for building permits from those developers and/or builders who, upon verification, possess a plot plan that was p~evi~_sly approved by the City Council. The suspension of all new applications for build- ing permits shall rem~u in force until rescinded by the City Council - expectedly after the e~feetive date of Ordinance 75-1 (Site Plan) and Ordinance 75-2 (Community Appearance). Motion seconded by Mr. Roberts. Mr. Wallace meferred to the City Couneitnot passing Ordinances 7~-1 and 73-2 as emergency measures, and askedthat all members of Council con- sider the/r vote in this m~tter. He felt that more thought and study should be given this subject, and every effort sh~ld be made to expedite the Master Plan. Mm. DeLong stated that the entire Council is for progress, but he urged this moratorium for this short duration. Mr. Roberts felt this sho~t pemiod would allow the City to take inven- tory of their position and would not ~eally hurt the builders or anyone else. Mr. Hamening moved that the original motion be emended to allow for alterations and additions to existing buildings. Motion seconded by Mr. DeLong and caz~ied 4-1. Mr. Wallace voted Mr. Watlace urged the Council to vote "no" on the mot/on - he did not feel this was the answer to the problem. -1- MINUTES SPECIAL CITY COUNCIL MEETING JANUARY 26: 1975 M~o Henry Thompson asked Attorney if this could be done legally. Mr. Si,mo{'{'" S~'~d there have been numerous eases on various types of mora- · ~or%~ms, ~nd it would take much research to give a definite oDiniono :~t ~e CS_t3; Council may- adopt .a~ ~oratorium when the~e z.s a qr.eat need :.:~.~or' ~t, and partiCUlarly' this~.-mo~atO_rium of short duration untmt sub- ject Ordinance~ become off--ire.- , ~e felt this was substantial basis for a moratorium. ~'.~-~eoffr_ey. Bix*c, Executive Director of Florida Atlantic Builders Assoeta- 3:',zMa~ ~le~..~t~%u~. th~'~_ more t~xme be ~'~@"~t~,h~atter so?that .~-s~gp~ ~,~9 .~ eq~9. 'o~ oomlYiled and: considerS.: ~'--'-- Young, speaking in behal~ of ' ~ ...... Fmr~t Bank g Trust, oppos~-t~e mo~a~Qrmum since the Bank was ready ~O s~aL*e eonstruqtion. Atbe~ Wehrell spoke in favor of the moratorium. Arnold Stro.~a~.ein opposed, the manner of imposing this moratorium~ and ~poke strongly against it. Walter Dutch expressed his thinking, that if this motion to place this moratorium on building today passes it will be a gross error. He ung~ed the Council to table it for several weeks~ and not act today. Mro Wa!la?e left the podium, and spoke as a private citizen and ex~-:~ .... press~d his 'c0ne?~n that"~hel Vo-Teek' Sehool eoukld be lost if it should come ~hrough dur~ this time. William Sprott, Attorney,. questioned the legality of Such actions and further suggeste~a hard~hip provision be included in the motion if they feel a morat6rium i$ absolutely necessary. .A~_thony Benardi sp.ok~e in opposition to the proposed mo~ator~, and said · ~ would hurt the little n~an. Don Lambert, President~ Boynton Beach Boa~d of Realtors, asked that the time be speiied Motion carried 4-1. Boynton Construction~Co. Attorney Pruda appea~ed before Council along with Ray Allen, and stated that arrangements had been made for the Bond on this project. Motion made by M~. DeLong that the stoporder be ]~fted when all ordin- anee requirements have been met to the satisfaction of the City Manager. Motion seconded hymn. Roberts, and carried 5-0. M1/FdT E S SPECIAL CITY COLtNCIL MEETING JANUARY 26~ 1975 Create Position of Seeretary__II~_ After considerable discussion it was decided to take this matter up af- te~ receipt of recammendation from Mr. Sullivan, Personnel Director, on Tuesday~ January 50, 1975, at the special meeting. MEETING ADJOUi~NED. ATTEST CITY OF BOYNTON BEACH~ FLORIDA -5-