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Minutes 01-28-72MINUTES OF SPECIAL CITY COUNCIL F~ETING HELD AT CITY HALL, BOYNTON BEACH, FLGRIDA, FRIDAY, JANUARY 28, 1972 at 3:00 P. M. PRESENT: Robert B. Effron, Mayor Mrs. Emily Jackson, Vice Mayor John L. Archie, Councilman Harold B!anehette, Co%unci/man David Roberts, Councilman Mrs. Tereesa Padgett, City Clerk and Adting City Manager Gene Moore, City Attorney Mayor Eff~on called the Special Meeting to order at 5.08 P. M. ,Community School Agreement The City Attorney explained the agreement covers 2~ years at a cost $t0:000. Council approved $4,000 plus $600 to start bank aacount. If Council wishes to enter into this Pz~3ram it would be necessa~j to vOlve $10,000 ($4,000an~ually), and he felt this should be cc~pletely understood. Mr. Archie moved that the Mayor and the City Clerk be authorized to sign the 2~ yea~ contract for $10,000, seconded by Mrs, Jackson. This contract will go into e~fect when the Director is hired. Motion carried 4-0. Mr. Blanchette had not yet arrived. Ridgewood Hills Request This was brought on by a misunderstanding. Ridgewood Hills homeowners did not want their zoning lowered, they wanted it increased. It is presently zoned R-1 and the proposed zoning is R-iA. In the meantime there are some homes being built that do meet the requirements of the R-1 Zone, but the people are objecting to them. Council can either alter the moratorium and prOceed with the zoning re- quest~ or wait until after the Public Hearings on the Proposed map. Mrs. Jackson stated that they do want to raise the zoning. There was further discussion as to which would be the best way to assist these people in upgrading their area. Mrs. Jackson moved that after the hearing on the North ~ of the City to advertise this, and have it go into effect in~nediately, seconded by Mr. Roberts. Mr. Blanchette arrived at this time (3:20 P. M.) Mr. Beyrer suggested changing the regulations rather than the zoningJ It was explained to him that this would still be an amendment and would re- quire Public Hearings. Motion carried 5-0. -1- MINUTES SPECIAL CITY COUNCIL MEETING JANLL~RY 28~ 1972 Alleged Zoning Violations Mayor Effron asked the City Attorney for clarification on service stations within C-1 zones. Mr. Moore stated that based on the investigation of the Building Department wreckers, the storage of junk or w~eeked vehicles are in violation of C-1 zoning. The question is what does the Council want to do in regard to en- forcing the zoning ordinar~e. Mrs. Jackson asked that Mr, Calloway be heard. He desired to wait until later. Mr. Archie suggested asking for an injunction from the Circuit Court in Palm Beach County~ and removethe Council and the City. It would then be up to the courts to stop the people that the Building Department has at- tempted to stop. If the Judge refuses to see it our way then we are wrong~ The City Attorney stated that this would be the most direct and equitable way to resolve the issue. Mr. Blanchette agreed it should be handled by the Circuit Court, not the City Council. Further discussion continued. Mr. Archie moved to turn this over to the City Attorney to bring to the Circuit Court for an injunction~ seconded by Mr. Blanchette. Mrs. Jackson asked where we stood on rotation, in the meantime. The City Attorney stated that inhis opinion they are in violation of our Code of Ordinances~ and he does not think the City should be a part of sending business to anyone in violation of the Code. There is only one wrecker service in the C-2 zone, that is Mr. Hood. He agreed to offer 24 hour service. There was a station in Delray, Boyds~ that was mentioned in case two wreck ers were needed. Mrs. Padgett did not think he had an occupational licens, in Boynton Beach. Mr. Catloway: Attorney, stated that Jacques Atlantic Station has been on the wrecker rotation for approximately two years, and now has been removed~ he wanted toknow for what reason and who removed it? Mr. Moore stated that the wrecker rotation is provided for the person who has the wreck~ not the service station. This was an administrative matter~ They have discontinued the wrecker rotation, as there is only one wreoker in C~2 zone. Mr. Calloway stated that a writ of mandamus has been issued against the City. -2- MI*~dTES SPECIAL CITY CO~k~2IL MEETING JAR-dARY 28, 1972 Alleged Zoning Violations: cont'd. Mr. Moore also stated that if the injunction is filed they can operate the wrecker until the ease is resolved. Motion carried 5-0. Mr. Moore again stated that these people may continue to operate wrecker service until the court makes a decision~ Pending Milnor suit A letter was read from Prederick Hill in which he declined the appointment to represent the City on this case, and recommended the City appoint an Attorney who specma ~zes in zoning cases. F~yor Effron stated that the motion at the last meeting was to answer the su3mnons; he asked the City Attorney if answering the summons would mean defending the ease. The City Attorney stated ~yes'~ that normally an answer would contain de- fensive material. It would have to contain either defensive or admissive material. Mrs. Jackson stated that her motion is to ~defend~'. Mr. Roberts recommended Attorney Simon~ who has served as Judge ad litem. He would be qualified to defend the City. Mr. Roberts moved to contact Attorney Simon, and ask if he will defend the City, seconded by Mr. Blanehette. Mr. Blanehette asked what happens if Mr. Simon does not accept this? The City Attorney stated that if Council is definitely going to defend the suit, then it will not go by defautt. An extension in time would probably be given in order to prepare the defence. Further discussion followed. Motion carried 4-1. Mr. Archie abstained. If Mr. Simon does not accept, the Mayor will contact Mr. Dares and ask for an extension of time. Meeting with Planning Consultants, January 31st The Planning Consultants are arriving Monday~ there will be six men and Mr. Blandfordwill he responsible for the project. They have requested a joint meeting with Council and the Planning & Zoning Board on January 51. The question is: does Council wish to meet with the Consultants and the Planning & Zoning Board on said date? See minutes o£ Feb. 157 1972 -3- MINUTES SPECIAL CITY COUNCIL MEETING JANUARy 28~ 1972 Meeting with Plann/ng Consultants, Janizary 31st - conrad. Mr. Largent explained that the Consultants want to discuss any concerns~ ideas or r~commendations that CoUncil might have. The meeting was set for 7:00 P. M. on Monday, Jsm. ua~y 51st. _Determ/ne date for interviews of Applicants for City Mayor Effron stated that there a~e 6 oD 7 applicants to be interviewed. The Mayor recommended doing this in 40 or 45 minute 5~fCervals all at one t/me. Two of the four on the confidential list have withdrawn~ 1 has agreed and 1 has to be contacted. Council agreed to interview the latest applicant received~ f~om New Port Riehie. The date for interviews was set for Thursday~ February ~ at 1:00 P. Mo Meeting adjourned at 4:05 P. M. CITY OF BOYNTON BEACM~ FLORIDA Attest: Cit'~ Clerk David Roberts, Councilman -4-