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Minutes 12-02-75MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, DECEMBER 2, 1975. PRESENT David Roberts, Mayor Joe DeLong, Vice Mayor Edward F. Harmening, Councilman Norman F. Strnad, Councilman Emily M. Jackson, Councilwoman Frank Kohl, City Manager Ernest Simon, Cit~ Attorney Tereesa Padgett, City Clerk Mayor Roberts called the meeting to order at 7:38 P.M. He asked all to rise for the,invocation given by the City Manager, Frank Kohl, followed by the Pledge of'Allegiance to the Fla~, led bY Councilman Strnad. Announcements Mayor Roberts announced that the Annual Chamber of Commerce Christmas Parade would take place Sunday, December 7th at 2 P.}{. The line of march would be along U.S. ~1 from S.W. 12th Avenue North to City Hall. The Mayor announced that the General Election returns will be announced when computations are completed from all orecincts. Mayor Roberts then read a letter from Mr. Schwartz of the Kiwanis Club regarding its charitable work and activities in the community and advising of its upcoming White Eteohant Sale to raise funds which would take place at the old First Bank and Trust Comoany Building on So. Federal Highway during the week of Decembe~ 8th. The letter contained a requesn to City Council to proclaim the week of December 8, 1975 as Kiwanis Week to aid in the Club's endeavors. Presentation of Service Awards to City Emoloyees Mayor Roberts presented service awards to ~. Willie Bagley - 20 years (Mr. Bagley gave a brief acceptance speech); Mrs. Ada Shook -°15 years; Mr. Earl McDowell 15 years; and Mr Warren Knuth 10 years (Mr. Knuth was not present to accept). Bicentennial Week The Mayor announced that December 2nd no December 9th has been designated as: Bicentennial Week in the City. Mr. Kohl requested a few additions to the Agenda -- two bills under "Approval of Bills" and under OTHER at the end of the Agenda -- "Consider Position for Comouter Programmer" and "Exchange Holidays from December 24th to December 26th". Council had no objections to these additions. The Mayor asked all those wishing to speak about items on the Agenda to come forward and give their names to the City Clerk so they could be called at the appropriate time. MINUTES REGULAR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 MINUTES Regular City Council Meeting - No~ember ~8': 1'975 Mrs. Jackson referred to page 7, first sentence of the last paragraph, and corrected her motion~to read: "Mrs. Jackson moved to approve and confirm the appointment Mr. DeLong moved no accepn the Minutes of November 18, 1975 as corrected, seconded by Mr. Harmening. No discussion, l~tion carried 5-0. PUBLIC AUDIENCE Mr. Sidney Schwartz, 1006 S.W. 18th Street, congratulated the victors of today's election, hoping that a harmonious relationship will be maintained amongst all. He said he had the final return, although the figures were not yet official. BIDS One (1) New 1976 Van Type "Mini" BUs Mr. Kohl's letter for the Agenda stated that bids on the above were opened on November 24, 1975 at 3:00 P.M. in the office of the Purchasing Agent, }{r. Sullivan. Only one bid was received from Adams Chevrolet Company which did not meet with specifications. Mr. Kohl therefore requested Council's oermission to re-bid this item. Mrs. Jackson moved to follow the City Manager's and go out for re-bid on this item. Mr. DeLong discussion. Motion carried 5-0. recommendation seconded. No One (t) New 1976 - 1/2 Ton Pick-Up Truck Mr. ICdhl said bids on the above were ooened on November 24, 1975 at 3:00 P.M. in the office of the Purchasing A~ent, Mr. Sullivan. The Tabulation Committee recommends acceotance of the low bid of $5,189.00 from Adams Chevrolet Company. Before Council were cooies of the Tabulation Sheet and Affidavit signed by Mr. James L. Shepherd, Truck Manager of Adams Chevrolet Company. Mr. Kohl said he checked all other resuirements and everything is in order. Funds for the above ourchase are available in Account No. 030-901-50. Mr. Kohl concurred with the recommenda- tions of the Tabulation Committee. Mr. DeLong moved to accept the above, seconded by Mr. Strnad. 5-0 City Manager's recommendation No discussion. Motion carried Since there was still time before the PUBLIC HEARING an 8 P.M., Mr. DeLong moved no susoend the regular order of business and move ahead to the second item under LEGAL. Mr. Kohl advised MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA DECEMBER 2, 1975 that the City was going to readvertise in regard to the item under PUBLIC HEARING -- Abandonment of a publicly dedicated right of way and easement, so there,would be no public hearin~ tonight. Mr. DeLong moved no call off the Public Hearing and readvertise as per the recommendation of the City Manager. Mrs. Jackson seconded. (Mr. DeLong withdrew his orevious motion re~arding suspending the regular order of business.) No discussion. Motion carried 5-0. LEGAL OrdinanCes - 2nd Reading-- PUBLIC HEARING Proposed Ord. No. 75-38 - Re: Hours of Sale, Dgivery, Service or ConsUmption of Alcoholic Beverages Mr. Simon read proposed Ordinance No. 75-38 on second reading by caption only. There was some discussion regardinm procedure in that Attorney Cerci wished to soeak in rebuttal to this Ordinance. Mayor Roberts asked, if ~nyone wished to speak in favor of the.Ordinance. No reply. Mayor Roberts then read a letter which was addressed to Council representing the Ministerial Association in favor of this Ordinance. The letter expressed that concern was non over the right to sell or not to sell alco- holic beverages but rather the right of the community to establish itself as a residential area and to limit the noise and nuisance factors emanating from those areas in question. Mr. Chris Cerci, attorney with the law firm of Howell, Kirby, Montgomery, et al, spoke in representation of the Boynton Beach Retail Liquor Association and ~pecifically on behalf of Mr~ Dennis Vitelli, owner of the Town Tavern. Mr~ Cerci spoke at length in favor of the 5:00 A.M. closing hours being retained, outlining'various reasons, including the question of consti- tutionality. Mr. Cerci felt than makin~ the closing time two hours earlier at 3 A,M. made no sense. In addition to a question of constitutionality in that the bar o~ners commit themselves to contracts with entertainera based on hours, Mr. Cerci contended there was a Florija sfa'tuts specifying~that any time chan~es shall be enacted on October 1st and go t~ough unt{1 the next year, and Ordinance No. 75-38 did not designate that date~ He aooealed to Council for further consideration of this matter. Mr~ Dennis Vi5elli, Secre~ary of the Boynton Beach Liquor ~nd~ Rest~urant'Associafion mnd. owner-~own Tavern] commended Council for its efforts and said~his organization would become more active in the City. He felt Mr, Cerci expressed the Association's viewpoint adequately. Rev. Steve Moss, identified himself as a Dastor in the City who was unable to sign the letter read earliar in behalf of the Ministerial Association. He spok~ in favor of enacting the proposed Ordinance and referred to a complaint about noise that he knew of in an area with the~late closing time and he appealed 3 MINUTES REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 to Council to consider the residents ~nd pass the Ordinance. Mayor Roberts asked the City Attorney if he was aware of the Statute regarding a provision that no changes can be made except on October 1st and Mr. Simon asked for the authority of it. Mr. Cerci said it was Statute 561.26 and he proceeded to read same. Mr. Simon said he would have to research the matter further. ~r, DeLong felt the matter should be tabled. Mrs. Jackson said~e attended a meeting of the County Commission at which time it was said there would be a hearing and she displayed a~map of the Co~nt~y indicating the variouselosing tim~s ~erei~. M~yor ROb~r~s~ questioned the c0ntraets~.~ wi~h the ente~'tai~e=s a~d felt t~er~ was a provision where the bar and reshj~r~nt ~wners would/inot be !i~ble if there ~as a change involved duO'to law. Mr. Vftellisaid there'haanever been a test of ~h~ Validity of a license for the period of a year and the ownersare ti~ble for all contra~ts ma~. Mr. Harmening referred to previous comments he had made on this subject in that he did not believe any hardships should be placed on any of Boynton's merchants, and if approximately 80% of the County (or a large portion thereof) wanted the later closing tim~ he would go~ along with it. Since then however, a lar~r portion Of the~C~unty has elected not to go along with the 5 A~M. closing time and at this time it was unclear to him what the balance Of the County was going to do and he wished [o wait and see. Mr. DeLong felt the time to move on this matter was when the local tavern owners came in and requested that the hours be changed. He felt the City shouldn't~be forced into anything and that it should be a leader and not a follower. He took exception to portions of the letter from the Ministers in regard to noise and felt that the noise Ordinance in the City should be enforc:edi Mr. DeLong then moved to table this Ordinance No. 75-38, awaiting further study on it. Mr. Strnad seconded. Mayor Roberns expressed a desire no speak on the subject. Mr. DeLong referred to seven days which the Liquor and Restaurant Association requested be allowed a closing time of 5 A.M. if the Ordinance should pass and felt they were reasonable. was Mayor Roberns said he/neither forno~ against at this moment, therefore Mr. Strnad and Mr. DeLong withdrew their second and motion resplectively. The Mayor wished to report some back- ground information which he learned at the recent meeting of the County Commission concerning the problems which initiated the 3 A.M. closing time and he quoted various statistics on disturbances and arresns. He also noted the hearings to be held by the County in regard to dividing the north and south portions of the County on this matter and gave the various closing times in the sur-rounding municipalities. Mayor Roberts said he wouldn't want no move on this matter until Mr. Simon completes his research. He'd also like to know whether or not the contracts with the entertainers could be made to stick if the City changed its hours° He felt mny municipality had the MINUTES - REGULAR CITY COUNCIL .MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 right to curtail its hours, just as Boca Ra~on has put a cao on its population. Mr. DeLong wished to have the record reflect that in this City there are four 5 A~M. licenses and there are only two establishments staying ooen until that hour. Mr. Strnad said he was more inte-rested in consideration of Boynton Beach than in the statistics of the other cities. Mr. Cerci referred to the problem of contract imoairment and noted the "Dartmouth College Case" for the benefit of MrJ Simon in regazd to canstitutionality. Referring to the comolaint mentioned by Rev. Moss, he felt such matters should be handled hy the Court Syptem. He also disputed sgme of the statistics ich Mayor Rob,e~r~s quoted from the meeting of the. County ommission a~d felt the arrests were unconnected wzth the bars remaining op~ until 5 AiM. He then made'some comments about the Boca "Cap" Mayor Roberts hoped the City Attorney would look into the questions that came up in the course of discussion and Mr. DeLong moved to table this item. Mr. Strnad seconded. Mr. DeLong requested a roll call vote which Mrs. Padgett conducted as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberns Aye Aye Aye Aye Aye Motion carried 5-0. Mayor Roberts then referred to the letter from the Boynton Beach Liquor and Restaurant Association asking for oermission to stay open on certain holidays to see if it should be taken into consideration. Mr. DeLong felt this should~come uo at a later date. Proposed Ord No. 75-39 Re: Aporoving Plat of Lake View Haven Mr. Simon read the above Ordinance on second readin~ by caotion only. Mayor Roberts asked if anyone wished to speak for or against this Ordinance. No reply. Mr. DeLon~ moved for the adoption of Ordinance No. 75-39, seconded by Mr. Harmenin~o No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Aye Councilman Harmening Aye Councilwoman Jackson Aye Councilman Strnad Aye Mayor Roberts Aye Motion carried 5-0. - 5 MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL MEETING DECEMBER 2, 1975 Proposed Ord. No. 75- Re: Rescind Ord. PertaininK to Permit for Installation of TV Antennas (TABLED) Mrs Jackson requested item be left on the table. Election Returns Mrs. Padgett read the following election results: Richard D. Caldwell 1,829 Gene "Moose" Moore 2,757 Norman F. Strnad 4,051 Joseph F. Zack 4,058 Total Votes Cast 6,8-22 Mrs Padgett said this represented 39. 3% of the City's voters Mrs. Jackson moved to accept the results of the election returns for the General Election. Mr. Harmening seconded. Mr. Zack will assume the post of Vice Mayor and Mr. Strnad will continue as Conncilman. The }~yor then requested Mr. Zack and Mr. Strnad to stand for congratulations and applause. The Mayor requested Mrs. Padgett to give Mr. Zack a mailbox, etc. (}~tion carried unanimously.) Proposed Ord. No. 75-40 - Re: Amendment to Budget to Increase Traffic Safety Enforcement Dept. Mr. Kohl noted this was the item he requested Council agree on an the last meeting. Mr. Simon read proposed Ordinance No. 75-40 on first reading in its entirety. Mrs. Jackson moved for the adoption of Ordinance No. 75-40 on first reading. Mr. DeLon~ seconded. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberns Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ord. No. 75-41 - Re: Eliminate the Requirements of a Public Referendum to Grant or Renew a Utility Franchise (Florida Power & Light ReneWal) Mr. Simon read the above proposed Ordinance in its entirety on first reading. Mr. DeLong moved for the adootion of Ordinance No. 75-41 on first reading. Mr. Harmening seconded. Mrs. Jackson clarified with Mr. Simon that this would not affect any other franchise. Mr. Simon said there is a power granted here that Council can exercise. Mr. Kohl mentioned it is a benefit to the City in that more money will be coming in which is mosn important. - 6 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mrs. Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening CoUncilwoman Jackson Councilman Strnad Mayor Roberts Aye Aye Aye Aye Ave Motion carried 5-0. Proposed Ord. No. 75-42 - Re: Creating an Exception on Require- men~s of Said City T,~en Real Property is Bein~ Sold to Another Gover~nmental Agency Mr. Simon read the above Ordinance in its entirety on first eadlng. Mr. DeLong moved, for the adootlon'of proposed Ordinance 75-~2 on fi~st'.reading, seconded by Mr~. St~nad. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening CDuncilwoman Jackson Councilman Strnad Mayor Roberts Ave Aye Aye Aye Aye. Motion carried 5-0. Resolutions Proposed Res. No. 75-YYY - Re: Creating Position of Secretary- Bookkeeper for Chief Executive Officer of Resional Plant Mr. Simon read the above Resolution in its entirety. Mrs. Jackson moved for the adoption of Resolution No. 75-__~fY, seconded by Mr. Harmening. There was some discussion about procedure and it was ascertained that no one wished to speak for or against this item. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Aye Councilman Harmening Aye Councilwoman Jackson Aye Councilman Strnad Aye Mayor Roberts - Aye Motion carried 5-0. Mrs. Jackson commented about the manner in which the County Commission conducted their meeting the other day. Other Draft of Ordinance - No. 75-43 - Re: Record Retention Mr. Simon noted the last meetin~ that he was directed by the City Manager after to prepare a draft of a proposed Ordinance on 7 - MINUTES - REGULAR CITY COUNCIL MEETING DECE~ER 2, 1975 BOYNTON BEACH, FLOR%DA record retention. Upon the request of the Mayor, Mr. Simon read proposed Ordinance No. 75-43 in its entirety on first reading. In answer to a question by Mrs. Jackson, Mr. Simon said this definition is taken from the State Statute regardin~ public records -- to clarify the meaning of books, papers and records. Mrs. Jackson saw no changes she wished to make an~ moved for the adoption of proposed Ordinance No. 75-431on fzrst reading. Mr. Har~ening se~onhed. Mr. Strnmd felt thi~ document was a blatant- mistrust of the City's public officials~ The Mayor noted that Mr. Simon said this w~s taken from Chapter ~19 of the Florida Statutes. Messrs. DeLong and Strna~ felt it was not necessary for the City to ad~ ~nd Mr. DeL~ng felt it was a mlni-CIA. Mr. Harmening s~ok~ in f~vor ~f~the Ordinance ~nd ~lt that all records sho~%d Be avaiiabl~ for pubtzc znspectm0n. Mayor Roberts felt that~any oeopl~ elected ~o the Cou~cit ~ight n~t be aware of the State ~tatu~e~and by transferring it to an Ordinance it was a ma~ter of keeping everyone informed. Mr. DeLon~ believedl th~ oolic¥ in]ef{ect at the present ~ime was sufficient. Mrs. P~'d~ett Called the roll as follows: Vice Mayor DeLong Councilman Harmenin~ Councilwoman Jackson Councilman Strnad Mayor Roberts No No Aye Motion carried 3-2 in favor. Receipt of Correspondence and Petition from Mr. Harry B. Duffy, Attorney at Law Mayor Roberts said this matter concerned a request of a law firm in re ard to chan~in~ an Ordinance to allow the disoensation of alcoholic beverages within 1,500 feet of any school~as com- pared to 2,500 feet in residential areas and he asked Mr. Simon if any research has been done on this. Mr. Simon said~the present Ordinance provides that areas along U.S. 1 have different dis- tance requiremenns than others and Mr. Duffy is askin~ the City to give the same distance requirements throuMhout the City. Mr. DeLong did not have a copy of Mr. Duffy's letter and h~ felt such items should appear in the agenda books. He then requested the Mayor to ask Mr. Kohl to read Mr. Duffy's letter aloud. Mr. Kohl read the letter in question, which included reference to a petition which had been circulated and si~ned by people desiring the City no amend the Ordinance accordingly for allowance of persons with ~he appropriate State Beverage Departmentllicense to serve and sell alcoholic beverages within 1,500 feet of any school or church property. Mr. DeLong said he recalled that there were many names on the petition that were not even residents of Boynton Beach and he noted that signatures from other municipalities were not recognized. He suggested that }~ Duffy circulate the oetition among the citizens mud get the signatures of the interested residents. 8 - MINUTES OF REGULAR CITY COUNCIL M~ETING DECEMBER 2, 1975 BOYNTON BE~CH, FLORIDA Mr. Harry B. Duffy of the firm, Duffy, et al, Ft. Lauderdale, stated that the reason his client had him come this distance to represent him was that Mr. H. Schmidt (the client) was soon going to be his father-in-law. He said he did not examine the names on the petition and hadn't realized that they were non all from Boynton Beach, but his main goal was to appear before the City Council and request that the City Attorney be instructed to prepare a proposed amendment for a public hearing. Mr. Puffy spoke at length about the reasons why he felt the Ordinance mn quesCion Should be changed -- particularly bec'auSeof the growth of the outlying areas which are requi~ing more services and facilities as time goes on. He f~lt the Ordinance shoul'd be Brought into confo~anee and not discriminate against those desirin~ certain ~acil~ti~si He noted that Mr. sctimidt was the owner amd oPerator of the Villager Pub ahd he felt it was the desire of people in that area.not to have to drive several miles to a package store or pub, so it might be welI to amend the Ordinance, changing th~ d{istance from 2,500 feet to 1,500 feet as it zs on U.S. 1. Mrs. Jackson said a petition usually has a heading on each page and this one only had it on the first page. She noted that there were many signatures of peoole outside the city limits~ Mr. Puffy said the petition was not meant to be a formality, but only to show an interest in having the Ordinance amended. Mr. Duffy explained that he believed there was a difference in the footage allowed because there has always been more traffic along U.S. 1 and there was more business there. However, the cities are now developing furlther west and he felt mo~ municioalities were trying to ~onform. Mr. DeLong noted that zn Boca Raton the distance requirements were standard and he was unaware that there was a double standard in Boynton. Mr. Dully said he was speaking in general aboun the entire community, although he had no economic interest now or in the future in establishing here. Ne felt that 1,500 feet ~ould be a fair distance requirement to establish in the City and again requested the preoaration of a proposed amsnded Ordinance. He did not feel it would in any way competitively affect the merchants on U.S. 1, but would help the res¢ of the citizens. Mr. Strnad felt the distance requirements were orobably decreased because there were no school or churches alone U.S. 1. After some further comment, Mr. DeLong stated he didn't think any definitive action should be taken tonight before some backCround information is received and the matter is studied. It was noted that the Village Pub is approximately 1,800 feet from the end of school property. }er. DeLong moved to take this matter under advisement and study, Mrs. Jackson seconded. No discussion. Motion carried 5-0. OLD BUSINESS Consider Request for Annexation - Mr. Joseoh Cosen (TABLED) The Council discussed the fact that there was some confusion 9 - MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECE.~fBER 2, 1975 among the Planning & Zoning Board regarding the procedure to-be followed regarding annexation and they were in need of some legal guidance. It was also noted that the City Manager wished to contact the County regarding this matter and wished to have the item left on the table. Mr. DeLong felt it was not the duty of Council to set policy for the Plann{~g & Zoning Board'and ~ W they ere only mn need of some written guidelines. Mrs. Jackson moved to havethel City Manager obtain legal guidelines in writing concerningt~e p~o, cedure of annexation a{d all other information necessary regarding this matter. ~-DeL~g~ec, onded~, No'discussion, Motion carried 5-0. Receipt of Correspondence from Mr. James O%Meara, Chairman, Bicentennial Committee Mr. John q. Adams, 770 Horizons East, came forward to speak in behalf of Mr. O'Meara regarding the letter signed by Mr. O'Meara, Mrs~ Kathy H~ughn, Co-Chairman and Mr.-Adams, askin~ for further consideration in connection with the deficit and/or funding the film which the Bicentennial Committee has been working on regarding the history of Bo~vnton Beach. He noted that the Com- mittee had expected to receive funds through the State from the Federal Gove?{]me~t, however, there were no more funds available. After some c~omme~t~ about the merit of the ~'._~lm and the e~orts of the Bicentennial Committee, Mr. Adams asked for Council's consi~eratio~ of the request in Mr O'Me~rafs letter. Mr. DeLon~ spoke in favor of granting any request made by the Committee as he felt this was a worthwhil? cause. Mfrs, Jackson noted that as of the first o~ t~s month, the amounit in the Bicentennial Min. Fund was $2,~56.46, m~cluding $200.00 fo~ Flags. She added 12/16/75 that Mr. O'M&a~a told her that the sum of $1,200 would be ~ood enough to ti~e the' Committee over while s~ill teavin~ some~hin~ in the kitty and in view of her feelings of the commendable job being done by the Bicentennial Committee, Mrs. Jackson moved to take $1,200 from the Bicentennial Fund (budgeted) to help the Bicentennial Committee with its request. Mr. DeLong asked Mrs. Jackson~to am.end her motion that the Committee be subsidized no the degree and extent as they deemed necessary in that the Committee was also going to be working in 1976. He felt the Committee should non have to come before. Council every time something is needed It was.established.~that the Bicentennial Committee would be ~iven $1,~200 and Mr. ~eL~ng's amendment that the Bicentennial Committee be subsidized as needed was accepted by Mrs. Jackson. Mr. Strnad'seconded the motion. No discussion. Motion carried 5-0. Mr. Adams was appreciative and noted that Boynton Beach was acknowledg~ed as an outstanding community by the State~ NEW BUSINESS None. ADMINISTRATIVE Recmipt of Corresoondence from Board of Adjustment Case - Mayor Roberts Re: Dekker - 10 - MINUTES - REGULAR C%TY COUNCIL -MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 ADMINISTRATIVE (Cont'd) Correspondence - re: Board of' Adjustment (Cont'd) After the Mayor ascertained that everyone had received a copy of the correspondence in question, discussion ensued as follows: Mayor Roberts: The item here, from what I understand, the Board of Adjustment feels they have been by- passed on an item -- on Richard Dekker, who had requested a duplex apartment to be built on a lot which was not suffieient and he was given permission in '76 to build single family homes. Now, apparently, % thought this item was settled,~b~t a request has been made to see if there are any abuses in by-pas~ing the Board ~f ~djustme~t on this item because of a set of M inu~es~that were read and that had been p~ssed some time'in '74. Am I getti~g't~i~ right?I Where is Mr. ... where is the Chai~an __ Mr. Healy, am I getting, am I ... Mr. Healy: March 25, 1974. Mayor Roberns: Now, as I recall, this man in question had started to build, and with a permit that was issued in error by the Building Depart- menn and had progressed to a point that it was decided that he was doing the wrong thing and red tags were pun on and then removed, based on a statement made here, and apparently we accepted the statement as being proper and it's entered into the Minutes. This is the impression. By that time there was quite a bit of building done and there was quite a lot of commitments made and I would say there's a ~reat many oeonle here involved and I don't know if you want to dis- cuss-this As far as I'm concerned, I'm in error in acceotin~ the remarks that were made an the meet±n~s, since I~had n~ knowledge of thing au the time until the followin~ week. The statement was made and I accepted it in good faith that he was d0inz the proper thin~, and I believe that possibly the rest of the Council felt the same way. I don't know what we can do at this point, except to admit to our ... yes, by all means come forward. Mrs. Jackson: Mr. Mayor, while Mr. Healy is comin~ forward, I'd like to say that this ... I was completely at sea when this came up because Mr. DeLon~ was reading from some Minutes from last year that I had never seen. Unfortunately, the 11 MINUTES - REGULAR CITY COUhTCIL }~ETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mrs. Jackson (Cont'd) Mr. DeLong: Mrs. Jackson Mr. DeLong: Minutes of that Special Meetin~ that we had that day that ... we were waiting for the City Attorney to arrive, and Mr. Kohl started by saying (this is not in the excerpts of conversation because this~was not on tape) -- he was saying he wanted to give us some back- ground manerial for us so that he could ask an ooinion of the City Attorney -- and the thing was all dissolved and I was still tryin~ to figure out what Minutes wevwere talking about, but it seemed that they were last year when I wasn't on 'the Council. I feel that we were wrong mys,elf. Mr. Chairman, let me say this. Number one, I understand the feelings of the ~eoote on the Board of AdjUstment and if I was a member of that Board of Adjustment, I believe I would be in the same frame of mind as what they were. They feel as though they were by-oassed and there was a chain of evenns that led up no this by-pass, and they are absolutely right. Number one, there was a series of.errors than occurred inadvertently; for no reason that I can understand -- why blank buildin? permits are simned and left over in the Buildin~ ~eoartment. I think this is something that should be immediately discontinued. Number two, it was an error on the part of the Clerk and number three, we were given the information and a cooy of the Minutes of 1974, and ... well, I was given it and I think other oeoole were given it ... I think Mr. Harmening admitted he read the Minutes. Well ... Now Where the error occurred here was bein~ guided by the Minutes of 1974 and not being apprised of, remembering, or takin~ into consideration that the adoption of the new Zoning Code had superseded those Minutes of 1974. And that's where I myself was thrown for a loss on this because I was hanging mv hat on a previous action of the Board of Adjustment in 1974, not taking into considera- tion that those ..~ that particular statement that~was made at that time had no bearin~ because since then the City had adooted a Zoning Code. So~ in this manner and fashion it was my belief -- and there was no official action taken by this Council -- it was my belief that this started administratively and should be handed back to Administration 12 MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mr. DeLong: (Cont'd) Mr. Strnad: Mayor Roberts: to be taken care of. Now, this is on this Mr. Dekker situation. But then on the other one, in reading this letter from Mr. Bushnell, and me, for the life of me, can't understand the s~econd page of this renort that was made to .Mr. Kohl -- "Appeal was made by the. five appli~cants personally, at the Plannzng & ZoniKg Work~hop and meetings and attendance at th~ City CoUncil meeting. The appeal was simpl~ that since Planning & Zoning and the Buil~i~ig Department were reasonably sure that r~lief would come in the form of an amendm~n~t, later to bec~me Ordinance 75-35, why sh~uld it be necessary for them to suffer the f~ncial and family inconvenience of awaiting, due process 6f law. As a result 'of this a~e~l, the Building Department was in- struct~" ... now listen to khis; this is the pa~t that irks me, and ! think it's mal- feasance in office ... 'Ithe Building Depart- ment wes instructed immediately after the Counci~ meeting, to issue perm{ts to the zve .ap~lzcants as an admzn~stratzve relzef. The Cm~y Clerk was further instructed to refund the Board~of Adjz~stment fee in each case." N6w I don't remember at that meetin~ where this Council took ~ny official action, direct~g anyone to issue these .five buildin~ permits~ under question, -snd I think it's a violatibn of your Ordinance. You just couldn't issue a~y permits while ~hat Ordinance was the pr0hes~ of bein~ amemded. It was a violation of the law or of that Ordinance until ghch time as that amendment was adopted. Mr. Mayor It should be pointed out, if I may say, that these building permits were not for buildings per se, but for addition or chanmes .. Mrs. Jackson: Mr. Mayor, I would like to ask Mr. Strnad: Mr. Mayor, if you don't mind Mrs. Jackson: Mr. Strnad: I'm sorry, but I was trying to say somethin~ when Mr. DeLong ... go ahead. Mr. Mayor, at this time, I would like to ask for an in-depth study of the operation of our Building Department inasmuch as I have received many inefficient many discrepancies from the Board of Adjussme~'as far as th~ handin~ out of ~uildin~ permits. I have one here in particular which I will be able to 13 MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 2, 1975 BOYNTON BEACH, FLORIDA Mr. Strnad: give to you~ and I'd like you to look them (Cont'd) over -- you may pass ~them down, and I!d like to bring this no your attention at this time as long as we're on this subject ~.. Mayor Roberts: Mr. Strnad, before we go into this, let Mr. Healy, standing there ... I think he should be a~to speak. Mrs. Jackson: May I just ask a question first of the City Manager. I wanted to ask the City Manager a question, and this is... Mr. Kohl, did you give -- That afternoon when we had that Special Meeting -- did~you give everybody a copy of that March, 1974 Minutes -- because I never got them. Mr. Kohl: I didn, t. No ma'am. I didn't. Mayor Roberts: ~{r. Healy~ would you like to ... Mr. Healy: Mr. Mayor and gentlemen and Councilwoman, I would like'the Mayor to read the letter that the Board of Adjustment addressed to the Council. Mayor Roberts: Mr. Healy: Read the letter (copy attached). As Secretary Of the Board of Adjustment, I wish to confirm the Board's request for an investigation regardin~ the misuse of the Minutes of the Board meetin~ dated March 25, 1974. By a vote of 7-0, the Board agreed these Minutes were misinnerDreted by the City officials, including th~ Buildin~ Commission, the City Manager and the City Council and that these Minutes were imoroperly used to allow an owner-contractor, Mr. Dekker, to receive two permits to build two single- family homes in violation of City Ordinance 75-19, dated June 3, 1975. Included in the letter, the Board also states that five applications for variances are still on the table of the Board of Adjustmenn. These aoplications were ~iven sDecial exceptions by executive privilege in violation of City Ordinance 75-19. I would like to add say that t remind the Council that the Boa~'of adjustment is a quasi-judicial board and than any question on their decision must be appealed to a higher court, and not used by any member of this Council to render an opinion for against their decision. I will remain here at the podium, Mr. Mayor, if you have any further questions. 14 MINUTES - REGULAR CITY COUNCIL.~E~ETING DECEMBER 2, 1975 BOYNTON BEACH, FLORIDA Mayor Roberts: Mr. Healy: Mayor Roberts Mr. DeLong Mr Harmening Mayor Roberts Mr. Harmening Mr. DeLong: I don'n think you're going to resolve any- thing here tonight hecuase this would re- quire a great deal of discussion and we have to get some, Oossibly, some legal inout. I think, if there's no objection, if.we could get you and some officer of the Board to- gether some morning or some time of the day and go into this thing thorouMhly, I think you could get more accomplished than sitting here and going back-~and~brth~because I don't think You'll resolve anything. I know that Our letter, Mr. Mayor, is only for an investi- gation and this is entirely up to the Council. Well, speaking for myself, as I say, I relied on the statement~ made here on those particular Minutes that you had reference no~ and I accepted it in good faith until the following week when I st~ted to look into it and found that it was not as it should be -- so, we might say that everybody had a oiece of the action and is e~uallv more or less resoonsible. But the thing ~s, so what can we do? Mr. Chairman, may I inject this if you will; for the benefit of Mr. Heaty -- I have the fullest intention when the new Council is seated to recommend a thorough overhaulin~ and ? systemized method whereby these particu- lar incidents won't be able to happen in the future. I guarantee you that, Mr. Healy. I mean, I don't like it myself. Mr. Mayor Mr. Harmening. There's one point here involved inf-~hi~_that I'm a little confused on. From reading the letter transmitted to the City Manager, of which I think we all received a copy, from Mr. Bushnell in the Building Department, and from .other previous information, I have been under the impression from the very beginning -- perhaps erroneously -- that Mr. Dekker, Richard Dekker -- the two houses -- that this was purely and simply an administrative error, or so they say zn the Building Department. Now, is this right or is this wrong? Will somebody What does thee Minutes of the Board of %~]ustment have to do with the Dekker houses? What does the Minutes have to do with the 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mr. DeLong: Board of Adjustment? (Cont'd) read the Minutes, and from 1974. You said that you those Minutes were }ir. Harmening: I've read the Minutes, yes. I realize that. Mr. DeLong: Mr. Healy: Mr. DeLong: Mr. Harmening: Mr. DeLong: Mr. Harmening: Mr. DeLong: Mr. Kohl: Mr. DeLong: Mr. Harmening: Mr. DeLong: You asked a question -- if you'd just be kind'enough to let me exolain, and then you can come back Now thoseM/~nutes stated that an application-made by Mr. Dekker for a duplex, that'he was privileged to build a single family residence on that oarticular parcel of land. A~ I,gorrect? It was zoned single-family at the time. Yes, single ... he didn't have no apoear before the Board. See, that was where the first thine began -- when the first error began. I'm right with you~ Now, now with those Minutes I'm under the impression that this was what Mr. Kohl was thinking about when the permission was granted. See? Never taking into considera- tion ... We'll stop right there and clacify this point now before I jump the track. It would appear to me that Mr. Kohl did not authorize the Building Department to issue any permits to Dekker. That's right -- Mr. Kohl did not authorize because there was an error made in the Buildin~ Deoartment where a clio came off the data on this particular ... information on this lot. Was this the way you explained, Mr. Kohl? That's the way that I would ... yes, sir. And in the whole contents of the package pertaining to that particular lot wasn't together. Some of it went astray, so as a consequence, the clerk -- whoever it was -- who was supposed to have been a new clerk, evidently gave out the building permit. I understand that. Now Mr. Kohl then was non responsible for 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mr. DeLong: (Cont'd) Mr. Harmening: Mr. DeLong: Mr. Harmening: Mr. DeLong: Mrs. Jackson: Mr. Harmening: Mayor Roberts: Mr. Healy: Mr. Harmening: Mr. Healy: Mr. Harmening: Mr. Healy: Mr. Harmening: issuing the building permit, but Mr. Kohl felt as though if was a justification to grant the permit based noon those Minutes of '74, which was not so. Now, I was willing to ~ccept t~e Minutes of 1974 myself, until a revzew or a study proved that later events nullified any approvals or remarks in those 1974 Minutes. Ail right. I agree with what you said, except now we need to baek up again. How does Mr. Kohl get into this ooint? %he Building Department issued t~epermit How does Mr. Kohl get into it? ... at this point. You'll have to ask Mr. Kohl. I believe Mr. Mayor, I believe that what happe~g~ was that at the beginning of the meeting . as I said before, while we were waiting ~r Mr. Simon to arrive, Mr. Kohl said he'd like to give us some back- ground material so we could get a te~at interpretation from Mr. Simon. It was decided before Mr. Simon even arrived. This was on the red tag. We haven't come to any red tag business yet. Mr. Kohl has not entered the picture, so far as I can see, up to this point. Mr. Healy, you May I injecn something here on this? You have Mr. Bushnell's letter -- you have in front of you? No, not in front of me, but I've read it. Would you read the last paragraph and then you would know how Now you're talking about the red tag portion If you'll read the last paragraph of that letter, you'll find I have read it and I recall what it said, but what t ... I wanted to get this in the proper time frame and proper context because up tO this point, no one has had anything to do 17 MINUTES REGULAR CITY COUNCIL ME~ETING DECEMBER 2, 1975 BOYNTON BEACH, FLORIDA Mr. Harmening: (Cont' d) with this, except Mr. Dekker and the Building Department. Now we come along and we find out we've m~de a mistake and we put a red tag on the property. Now is when the City Manager comes into the play. But the way this has been stated here previousiv, frankly I was getting a little confused because I thought I did know exactly what happened -- and it would appear that I do -- it had only been mis-stated slightly, only in the matter ~of sequence of.events and I didn't want anyone in the audience to get the wron~ impression. Mr. Healy: Well, if you'll read the last part of the letter, you'll find that it was the Building Commission who brought in the Minutes of the Board of Adjustment. Mr. Harmening: Well, that was a Mr. DeLong: Well, I mean ~- you see this thing here -- you can't justify a~violation of an Ordinance. Mr. Harmening: That was an attempt to cover uo their mistake, I presume ~.. Mr. DeLong: Well, you're non going to try to attempt to pass this stuff off on people of intelli- gence who are sitting on that Board of Adjust- ment. They're non goin~ to sit still for it and I don't blame them. I wouldn't either, if I was on the Board~ Mr. Strnad: Mr. Mayor, I am still going to ask you to have this Council ask Mr. Kohl to set an in- depth study of the operation of the Building Department, and if y6u will accept these papers than I gave you, I will explain this particular one -- why I want to get started, and this is just one. Mrs. Jackson: Is this ... one for each of us? Mr Strnad: (Passed out papers). Now this is just one item. If you will notice Mayor Roberts: Mr. Strnad, does this have somethin~ to do with this letter that you're talking about that we're talking about now? Mr. Strnad: This has to do with the issuance of permits which have not been'done according to the law. 18 MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mayor Roberts: Well, may I suggest that this investigation that you request be handled through Mr. Kohl because right now, we've ~ot a oroblem to resolve as far as this letter is con- cerned Mr. Strnad: That's all I'm asking for -- if you will agree to -- this Council will agree to have this investigated to find out how this could happen. Mayor Roberts: ~,~hv not? Is this just one, or is this more than one? Mr. Strnad: This is one, but I have more than one, so I don't want to burden you with a number of them -- just take one an a time. Mr. DeLong: Well, I would suggest, Mr. Strnad, Councilman Strnad, that you.get all that information you have gathered together and supply the Council with cooies and also Mr. Kohl so he'will know how far to dig. Mayor Roberts: This as I say, this thin~ here could go on ali'~ight and I think if you take it like it was suggested and turn this over and ask for the Mrs. Jackson I'd like to suggest that Mr. Strnad ~et with Mr. Kohl and explain the whole thin~ because I don't think that any of us are quite ... Mayor Roberts Let'd get back to the original letter that Now the other I think ... this first item~ has to do with'~e ... was repeated several times in that it was the buildin~ permit was issued through an error in the Building De- partment and agazn, the Minutes were used inadvertently Mr. Healy: Our main concern here is misuse of the Minutes of one of the Board meetings. This is the main concern -- the misuse of the Minutes of the meeting. This is what the Board is askin~ for an investigation on, is the misuse of these Minutes. Mrs_ Jackson: I don't know how we could...Mr. Mayor, how -- what can we do about it? I mean we -- every- body was misled. I didn't even know that the Minutes existed. Mr. Healy: I'm saying ... this is all our request is. Our request is just for that -- the misuse of 19 MINUTES - REGULAR CITY COUNCIL MEETIN~ BOYNTON BEACH, FLORIDA DECE~ER 2, 1975 Mr. Healy: the Minutes of this meetin~ and also for (Cont'd) that oarticular case, and also for the five other cases. Mayor Roberts: Mr. Healy: Mrs. Jackson: Mr. DeLong: Mrs. Jackson: Mr. Strnad: Mr. Kohl: Mr. Strnad: Mr. DeLong: As far as the Minutes are concerned, as I say, the errors have been admitted, but they were made in good that is, they are honest errors and an this'~int, I don't know what we can do about it. I know I admit to the fact that I accepted it in -- as ~ospel because I have to put my trust sometime in other members of the Board. Later on, t found it wasn't so and I admit to it myself. Now what can 'we do before ... after .~hat? This is up to the Board ... whatever you decide to do. I think it's in your hands now. It's out of the Board of kdiustm~nt and it's in your hands. So whatever you decide to do on this ... Mr. Mayor, I don't quite understand whan we can do. We have the Minutes uo here Mr. beLong mentioned he read the Minutes -- I didn't even know the Minutes existed -- Mr. Harmenin~ That was all unofficial. There was no official action. No, that's whan I'm sayinK, there was no official action and yet. . so I don't know ... I don't quite understand whan we're supposed to do. Mrs. Jackson, to make it clearer -- and I want this ennered into the Minutes -- this particular sentence: "As a result of this appeal, the Building DeDartment was instructed immediately after the Council meeting to issue oermits to the five applicants as an administrative relief. The City Clerk was further instructed to refund the Board of Adjustment fee in each case." We cannot circumvent an ordinance by action of that type. It must come before the public, and we must act on it as a Council. Now, I'd like to know who instructed Mr. Bushnell to give these people the relief that he speaks about here. I did. By whose direction, Mr. Kohl? You know who .~. for it 20 - don't let him. take the rap MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 2, 1975 BOYNTON BEACH, FLORIDA Mayor Roberts: Mr. Kohl, just a question .~. Mr. Strnad: I'm not trying to let Mr. Kohl take the rap for this~because I know very well who ordered it. Mrs. Jackson: Mr. Strnad: Mayor Roberts: Mr. Kohl: Mayor Roberts: Mr. Kohl: Mayor Roberus: Mr. Kohl: Mr. Mayor: Mrs. Jackson: Mayor Roberts: Mr. Strnad: Mrs. Jackson: Mayor Roberts: I'd like to know who You know. Mr. Kohl, was that the night ... was that the night that there~were some people aski~z for relief? We were in the midst of changzng the ordinance Yes, sir. ... and I believe the Council at that time were aware that we would let you handle this administratively. There was no motion made to my knowledge, but by the same token, every- body was aware of it. There was no motion made, Sir. I assumed and I won't say what the word "assume" means -- but I assumed you oeople gave me instructions no do whau I did. Well, I had an idea that was the idea because these permits~ were not for new buildings. They were nothing more than for some alterations in the house. Now, there was no new construc- tion on these items. There was. Yes. There was? Well, I didn't know that I'd like to clarify ... have somebody clarify this, Mr. Mayor ... Now this is . I just want to clear up my understanding ~f what haopened that night', but as far as I know ... Mr. Mayor, I was not aware of this. So, I was not a member of the Council who was aware of this order to give these peoote relief. Not me ... I think if you'll find the tapes ... olay them back, you'll find it was discussed in that direction. 21 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mr. Strnad: It may have been discussed, but there were no orders miven. There was no directive given from this Council at that night. Then why does it say here, "~.. immediately after the Council meeting ..."? I left immediately after the Council meeting. I don't know anything about it. Mayor Roberts: Mr. Strnad: Well, I gave you my impression of what happened that night. That's all I can say. Well that's whatI'd lzke' to find out. Mayor Roberts: Mr. DeLong: It's the same with the remarks made on.the ... going around the mulberry bush. Well, I would say this, Mr. Chairman, instead of belaboring this, let's see if we can't get some action. There's a lot of things that have to be cleared uo. Mrs. Jackson: Mr. Mayor, I'd like ... Mr. Strnad says he knows who gave it and I'd like to find out Mr. Strnad: I don't have to tell you, Mrs. Jackson. Mrs. Jackson: Well, I don't know, and I'd like to know myself. I didn't know anything about it. SeeM in.of (There was some discussion with everyone talkin~ at once.) 12/16/75 Mayor Roberts: Mr. Healy, I warned you that it would take a lot of discussion here and I don't know as anything's going to be resolved. A request has been made to the City Manager to make a study ... Mr. DeLong: Mr. Healy: I'll tell you, I g Mr. Healy -- ther~ unofficial orders of the next admini Gentlemen, I'd lik appearing here non Secretary of the representative. aarantee you one thing, will be no more of this ~iven by any three members tration to any City Manager. you to know that I'm as Mr. Healy, but as the ~ard of Adjustment as their Mayor Roberts: There has been an ~nuendo made here, and per- aps I d better leD it lze for the time being I don't particularly relish it -- and it cou%~ get a little sticky and somebody may get hurt. So I think that we'll proceed with the regular order of procedure and-turn over this request that has been made to investigate this buildins permit ... 22 MINUTB~ - R~ULAR~CITY COUNCI~MEETING DECEMBER 2-, 1975 BOYNTON BEAGH, FLORIDA Mr. Strnad: Mayor Roberts: Mr. DeLong: Mayor Roberts: Mr. Strnad: Mr. Harmening: Mr. Strnad: ~.. and also this last paragraph of Mr. -- not the last paragraph -- the next to the last paragraph on the second page of Mr. Bushnell's letter. And -- I don't know what we can do ... Mr. Chairman, I would also like to mo along with Mr. Healy and include that last oarasraoh where it~states, "It seems to me that the City Council ..." -- and that doesn't include me because I never g~ve the order --"and the City Manager should be commended for action favorable to citizens, particularly when the end result does not conat~itute a vinlation." It certainly did constit~te~ a violation. I think I wish that soma o~ these oeoole who arg'gmDloyed by the City would r~al~ze any tzme you zssue an or.der mn deference to a City Ordinance, it is a'violation. And that particular Ordinance had~-.not be~n amended so it was a violation ?by gi~i~g out orders to issue the permits before ~he Ordinance had been amended. Just for the record, would you care to move on the request? I would move at this time that a study be given ._. that instructions be given the City Manager to make a study of the next to the last paragraph on Dage 2 of Mr. Bushnell's letter of November 20, 1975. Also, of this particular permit dated 5/23/75, Permit No. 13975, and other information which I will brinM up later Out of curiosity, Mr. Chairman, through the Chair, out of curiosity, what seems to be the difficulty with this Permit No. 13975? Well, in the first place, they have a permit here for a family residence crossed out and it has duplex written next to it. The require- ment for a duolex is 1,500 souare feet minimum. You h~ve a building area here of 1,200 square feet. Also, the setbacks are not proper. They've got the improper setbacks on it. Mayor Roberts: Do you have a copy of that, Mr. Kohl? Mr. Kohl: No, Sir, t don't. Mr. DeLong: ~ell, I would say this. Instead of makin~ the explanations here this evDninz for the 23 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mr. DeLong: (Cont'd) Mr. Harmening: Mayor Roberts: Mr. Healy: Mr. Harmening: Mr. Healy: Mr. Harmening: Mr. Healy: benefit of Mr. Harmening -- Mr. Harmening is privileged to go uo and make the same study that you made and we will get it in completion by the City Manager. Well, I was trying to get my information without too much spadework since it's already been done, and I have a copy of it here in my hand. I was just a little curious I don't know, Mr. Mealy, what we can do about May I ask the City Attorney a question, please? We have five oases t~at are still pendi~ in the Board of Adjustment. They're these cases are still pending. Me table'~d we have never brought them ocr the table. However, they have bean given permits by Mr. Kohl. Now what do we do with these cases that are still on the table in the Board of Adjustment? Mr. Chairman? .Mr~ Healy, the nimht that those were tabled, it seems to me that the Board of Adjustment didn't have a meeting. We had a meeting and we tabled them. You didn't have a quorum. Yes, we had one. Mr. Harmening: You had? Mr. Healy: Yes. Mr. Harmening: Mr. Healy: You took it up again at the That's right. We ... at this particular meeting we did have a quorum and these were tabled. Mr. Harmening: I didn't realize that~ Mayor Roberts: Mr. Heaty: Mayor Roberts: Mr. Healy: Mayor Roberts: Well, these permits or whatever changes took place in these dwellings, or whatever they are, they have done, completed? Everything else Five ... five pieces that we're referring to. Yes, they have been They were tabled by the Board of Adjustment. t know, but I mean to your knowledge, have they been completed? Their requests 24 - MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA MEETING DECEMBER 2, 1975 Mr. Healy: Mayor Roberts: Mr. Healy: Mayor Roberts: Mr. Healy: Mayor Roberts: Mr. Healy: Mr.Harmening: Mr. Healy: Mr. Harmening: Mr. Healy: Mr Harmening: Mr~ Healy: Mr. Simon: Mr. Healy: Mr. Simon Mr. Healy Well, the permits have been granted as far as o.. In other words ... no use trying something ... ... We still have them on the table in the Board of Adjustment. I would like some ruling on it ... I would suggest you take them off the table and What ruling do we give from the Board of Adjustment on them? Just include that in your Minutes and vote to take them off the table and dispense with them. I think we need legal advice on this You don't require, you don't require a variance, do you, Mr. Healy? Well, these particular applications were for variances and we tabled them. They don't require variances, do they? Well, now they probably wouldn't if they were to be re a.. in other words, if they were to be readmitted against, they would not -- not all of them, but there are two of them that would require variances. Yes, two of these require swimming pools and that would Are they part of this five that's on your ... Part of the five, yes. Do you want me to answer .~.? Yes, I would. Well, I would suggest if they're on the table that they be taken off the table and acted upon based on what you have before you. If the application has been, has been submitted and you've had your hearing on it ... has there been a hearing? No, there was no hearing on it at all. There was a hearing on one of the cases. We heard some ... 25 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mr. Simon: Mr Healy: Mr. Simon: Mr. Healy: Mrs Jackson: Mayor Roberts: Mr. Simon: Mayor Roberts: Mrs. Jackson: Mr. Simon: Mr. Healy: Mr. Simon: There was no hearing on the others? Well, apparently, I presume, if they've submitted their fee, their application fee and filed the application and submitted to the Board of Adjustment for action, it would seem to me that you should take them off the table individually .. each one on its own merits and consider zt after anrappr6~ria~eh&~ring and make a decision. The decision has already been made. permits have been issued. The Well, I think within the ... within the confines of the Board of Adjustment, however, you've been called upon to act, and your acts ... in your deliberations you'll take into consideration that which is brought to you at that hearing. Could the Board have a letter from you on this, Mr. Simon, through the City Manager, instructing us to do this? I think we'd have to instruct the City Manager to do that ... Would it be proper to move that the City Manager be instructed to send a note to that effect, based on the advice received? I mean, I don't understand You mean ... you mean a communication from the City Manager to the Board of Adjustment? Yes . He doesn't have anything to do with the Board of Adjustment ... No, I wouldn't think so. I think what I have said is in response to your question, and what I have said is on the record as part of the Minutes, but if you warm me ... if you want an opinion from me to the Board of Adjustment to respond to the same question in the same manner, there is probably not much more I can add no what I have already said. Could we have it in writing, though, for the ... To the Chairman of the Board? It might be simpler just to have excerots of this meeting 26 MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL MEETING DECEMBER 2, 1975 Mr. Healy: Oh, that would be good (Everyone talking at once.) Mr. Strnad: Mr. Simon: Mr. Strnad: Mr. Simon: Could I hear that again, please, what the instructions were to the Board of Adjustment. You mean what I just said? Pertaining to reviewing the applications which have already been granted. My response to his question -- his question was asking me what he Should do with each of the items that are on the table, and my response to him was that the Board of Adjust- ment has an application before it in each of the five instances,.and in each case it should be considered independent of the other four, and each one stands on its own merits -- that each case is taken off the table and con- sidered in your normal method of procedure and then acted upon, taking into account whether or not there is hardship and all other considerations that the Board of Adjust- ment normally considers. Mr. Strnad: Excuse me, I enlighten me. been granted. don't understand this; please, These permits have already How can they act unon them? Mr. DeLong: Mr. Harmening: (Discussion ensued Mayor Roberts: Mrs. Jackson: The buildings are started? I mean, it's hypocrisy to be . Are the buildings started? Now this is hypocrisy if you go in there and act on something that has already taken place. You're just getting these fellow here to put themselves on the spot. They're acting after the fact. An illegal act has been committed here and now you're asking these fellows to go out there and cover it u~ by their ach. I don't think that's ~ight. I disagree with that statement entirely. here which the Mayor deemed out of order.) Mr. Simon, you've made a Mr. Mayor, may I just say that I Mr. Simon has made a statement~ Now I have'~own of places where a permit has been granted, not necessarily in Boynton Beach -- but where it has happened before -- a house has been started and it's been decided differently -- because of that it had to be removed, and that's - 27 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mrs.2ackson: (Cont'd) possible, isn't it? If they should decide that this is wrong and that they ... we'd have to find out. Mr. Simon: To be perfectly frank, I don't know all the details, or very much of the details Mrs. Jackson: Neither do I. Mr. Simon: involved in any one of the five instances. Aii I know is that an application was sub- mitted to the Board of Adjustment for a variance. The Board of Adjustment normally would consider the application, look at the circumstances to determine whether or not there is in fact hardship as defined in the Code, and determine whether or not that applicant is entitled to a variance in view of the hardship posed. Now, in the first instance, they h~ve to determine whether or not the facts support a claim of hardshin. I dontt know if there is or there isn't. But it seems no me if the house is already totally complexity built, maybe there is no hardship, I don't know. I'm not ... it's not in my prerogative to make that decision. That's a judgr~ent. But, you're asking me what you should'~do with something that's on tke table and I'm almost limited to a parliamentary answer. When a matter is on the table, it should be, --' if it's going to be acted upon at all, i~ has'~o be taken off the table and made and some action taken. Mrs. Jackson: Mr. Mayor, I ... Mayor Roberts: Just aminute, Mrs. Jackson, I think that Mr. Strnad has already asked -- for that matter, the Council has asked to look into this thing, which has nothing to do with the procedure that Mr. Healy is asking. One has nothing to do with the other. In other words, there's still going to be, t hope, an examination of the facts by the City Manager -- which you have requested. Mr. Strnad: Mr. Mayor, I would like ... Mayor Roberts: And the Attorney has given his opinion as to what to do Mr. Strnad: I would like to ask through the Chair, for Mr. Simon to give the instructions, the legal instructions to the Board of Adjustment as to how they are to act on these particular cases, 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mr. Strnad: (Cont ' d) Mayor Roberts: Mr. DeLong: Mr. Healy: Mr. DeLong: Mr. Healy: Mr. Simon: Mr. DeLong: Mrs Jackson: in view of the fact that the permits have already been granted. Legally, what is the direction -- what is their direction? This is what theinvestigation' ' is all about. I would say, I don't think that they're in a position to give any legal answer insofar as this particular situation is concerned up to the present time, and I think, according to parliamentary procedure, What the Board of Adjustment is required to do is to take that particular item, separately, off the table, and t~en to ~trike them fr~m your agenda. There'S nothzng you can do about it, unless you want to start a suit. We will follow the instructions that we get from the City Attorney. That would be to me the proper -- the proper legal -- the proper partlamentary procedure would!be to take each one off the table individu- ally ~d strike them from your a~enda as being dead wood. ~ We'll follow those instructions I agree .. I agree with what Mr. DeLong says up to a point about it being a parliamentary question and I'm attempting to answer it as a parliamentary question and answer. ~at you dd after you take it off the table is within your sole prerogative as the Board of Adjustment. I, as an Attorney, can't tell you what decision to make. It's like my trying to tell a jury what decision they have to come up wi~h, with certain facts. I can't do that. Well, I'm not giving them a legal opinion -- I'm giving them a parliamentary procedure opera~ion, as if I'd been in his mlace, what I'd do with them. I'm telling hi~ that the only c~urse he has ( and I can see ygur assistant here come up to cue you with the advice) -- you didn't tell him to strike it from the agenda -- I said if I was sitting on the Board of Adjustment, I would strike it from the agenda[. That's about the only thing you could do with it. Mr. Mayor, may I ask the-question that I started out to ask but I haven't had a chance? I wanted to ask -- supposing the Board of Adjustment should dedide that there is no hardship and there's something build there? 29 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mrs. Jackson: (Cont ' d) Mayor Roberts: Mr. Simon: Mrs. Jackson: Mr. DeLong: Mayor Roberts: Mr. Harmening: Mr. Healy: Mayor Roberts: Mr. Simon: Mr. Healy: Now, what happens? I~ve known of places where they have had to take something down. What would happen then? Well, I think we should take a step at a time. If I may answer the question, that's the decision that they have to make as the Board of Adjustment. It's I'm not going to tell the Board of Adjust~g~t to take something off the table and strike it I don't think anybody should tell them to strike it from the agenda I say, if I was a member of the Board of Adjustment, the legal, I mean the parliamentary procedure as far as I am personally concerned would be to take it from the tablm and move to strike it from the agenda. Mr. Healy, I think the decision -- what we're trying to say is that the decision is up to the Board as to what action they take with those items on your table. I don't think I'm of the opinion that what Mr. DeLong said is absolutely what I would do. They are presented with an accomplished fact. This is the request in that letter, Mr. Mayor, so would you advise us ....this zs a request in that letter for these fzve cases. Well, as I've said, I think it's been answered several times .~. Mr. Mayor, let me clear up one apparent ... and the Board of Adjustment is calle~'' upon to either admit, or rather grant or deny the application. If the circumstances support a finding that there is no hardship for one or many reasons, then the normal procedure would be to deny the application. If, on the other hand in your deliberations of the circumstances and facts, you find that there is merit to the clmim of hardship under whatever circumstances you find, then you may vote in favor of granting the variancm. The question is merely whether or not to grant the variance. This has been our procedure. 3O MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mr. Simon: Mr. Healy: Mr. Simon: Mr. DeLong: Mr. Strnad: Mr. Healy: Mr. DeLong: Mr. Healy: Mr. DeLong: Mr. Healy: Now the people paid their money ... their fee. They submitted an application and they've asked the Board of Adjustment to act upon it. This has been our procedure all the time ... What I am saying is that in my ooinion, you asked what from a legal standpoint you should do. You remove it from the table and act upon it as you would ordinarily handle any application. So, if there's no hardship, -- you decide there's no hardship, what are you going to do, knock the buildings down? Now, weren't those fees returned for the applications? Right? So what right has the application to be before the Board if the fees have been returned? Every application must be paid for -- now if those fees are returned, then how are you making your application without collecting or retaining a fee? It must be re-advertised also. Well, gentlemen, all I can say is that this was your action and I think that you should solve it. Well, I would say this, Mr. Healy, if I was a member of your Board, and I knew what the circumstances were, I think you're just wasting time to come here and seek advice. I would act accordingly as I said that I would act, and that would be to take it from the table and then strike it from the agenda because there's nothing you can do. You're going to have differences of opinion there. I understand. Mr. Healy: you're going to have differences of opinion; some of those people are going to say some are hardships. Now, where do you go from here? We go into court and make these people tear their houses down, and in nine out of ten instances, the court would never -- they would frown upon it. Ail the Board is asking for is an answer to the letter. That's all, and I'll instruct the Board as to whan I have as to the five cases as far as the legal end of it is concerned.. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mayor Roberts: Mr. Heaty: Mayor Roberts: Mr. Healy: Mayor Roberts: Mr. DeLong: Mayor Roberts: Mr. Healy: Mayor Roberts: (Laughter) Mayor Roberts: Mr. Healy: Mayor Roberts: Mrs. Jackson: Mayor Roberts: Mr. Strnad: Mayor Roberts: Mrs. Jackson: Mayor Roberts: Mr. Strnad: Mr. DeLong: Mrs. Jackson: Well, the that they message. Board will have to take the action see fit. I think that was the That's right. Whether you strike it or hear it ... I mean, it's up to the Board. We can't instruct the Board what to do ... but as far as the other I understand, Mr. Chairman ... I'm hearing evidence here tonight that there's no... that the money has been refunded, so that they're probably dead applications. That's what it looks like to me. They're dead. There's no fee there, Mr. Healy. They gave it back. That's what it looks like. Are there any other questions, gentlemen? ... if you want to appoint me to the Board maybe I can help you reach a decision. Well, I mean, I can't make a decision for the Board. The other item will be turned over ... Are there any other questions? If not, then ... There is a request to examine the building permit and come up with some answers on that We didn't vote on that. Was that moved? Did you move on Strnad? I made the motion. To turn over all this and to get But we haven't voted on it yet. I think it got lost in the shuffle. Did anybody second it? Yes, Mrs. Jackson seconded it. I second it. - 32 that, Mr. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 Mayor Roberts: Mr. DeLong: Mrs. Jackson: Mayor Roberts: Mr. Kohl: Mr. Strnad: Mayor Roberts: Council: Consider Zoning Approval and Juanita Wright It was moved and seconded (I hope we get the thing right) to have an investigation on that building permit ... A study ... an in-depth study ... ... just a study. Study on the ... On the one that Mr. Strnad submitted to the Council tonight. And the others which I will present later on. I'll present them later on, okay. I think we've heard the motion now. Ail in favor? Opposed? Aye. (Motion carried 5-0). for Beer & Wine License - William Price Mr. Kohl wished to make known to the Council -- the address was missing there -- and it's 110 N.E. 10th Avenue (Lucky Stop Dinette). He said the above location does comply with local zoning ordinance for the sale of alcoholic beverages -- beer and wine consumption on premises. Mr. DeLong moved to grant approval of the application of William Price and Juanita Wright in accordance with the above. Mrs. Jackson seconded. No discussion. Motion carried 5-0. List of Payments for October Mrs. Jackson moved to accept the lis~ of~p~yments for October and have them attached to the Minutes. Mr. Narmening seconded~ Mrs. Jackson said she had some questions, but they have been clarified. Motion carried 5-0. OTHER Consider Position for Computer Programmer Mr. Kohl recalled the discussion which took place during the Budget sessions regarding a computer which Council approved. At that time: it was thought one of the City's employees could be used and trained in a few months. However, in talking to the various computer companies, it's been learned that it takes approximately a year at the least to be a good programmer. Therefore, Mr. Kohl asked for approval to hire a programmer to operate the Computer. It was clarified that funds were available, and Mr. DeLong moved to approve the City Manager's 33 - MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL MEETING DECEMBER 2, 1975 request. Mrs. Jackson seconded. It was noted that this matter was taken out of order on the Agenda. Motion carried 5-0. Exchange Holidays from December 24th to December 26th Mr Kohl noted the City has a holihay on Wednesday, December 24th. It was noted the employees would prefer'no have Friday, the 26th off instead, with the approval of Council -- therefore have a long weekend. Mr. DeLong moved to accept the recommenda- tion of the City Manager. Mr, Strnad seconded, No discussion. Motion carried 5-0. ADMINt~STRATIYE~(Cont'd) Approval of Bills~ Mr. Kohl read the following bills for approval: 1. Board of County Commissioners ~ 1,102.72 Traffic lights maintenance Pay from budgeted funds 001-854.97 Palm Beach Jr. College 30.00 Registration fee for PO 013 Workshop Pay from Police Education Fund 001-507 Ordinance 74-38~ Section 2-10,1(b) 3. W. Jackson & Sons 82,239.94 Raw Water Main Part A Pay from Atlantic National Bank 1975A Water & Sewer Bond Issue Contract dated 4/22/75 4. Russell & Axon 6858-4-III & CP Inv. ~19 4,563.41 Upgrading existing Wastewater Treatment Facilities Pay from Atlantic National Bank 1974 issue Authorization dated 11/20/73 5. Russell & Axon 6858-4A-II & CPS Inv. ~5 47,031.38 So. Central Regional Lift Stations & Force Mains Pay from Utility General Fund Refundable from future bond issues 75% EPA Reimbursable Authorization dated 11/71 6. Russell & Axon 6858-12-III & CPR Inv. ~4 1,162.95 Sewage Treatment Plant Improvements Pay from Atlantic National Bank 1975A Issue Authorization dated 1/17/74 7. Russell & Axon 6858-15-II & CP Inv. #14 2,822.05 Preparation of construction plans and specs for Water Treatment Expansion - Water Treatment Plant Pay from Atlantic National Bank 1975A Series Authorization dated 5/74 34 MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1975 10. Russell &Axon 6858-21-II & CPS Inv. #10 Preparation of construction plans and specs for Expansion of existing transmission and distribution Pay from Atlantic National Bank t975A Series Authorizauion dated 1/20/75 De WindMachinery 'Company Tractor with backhoe and front end loader Pay from budgeted funds 030-920.53 Bid awarded 11/10/75 West Construction Company Est. #5 New office, lab and m~intenance shop - Wastewater Treatment Facilities Pay from Atlantic National Bank 1975A Series Water & Sewer Bond Issue Contract dated 7/1/75 2,736.70 15,473.00 29,790.00 11. 12. Palm Beach Jr. College Tuition for one policeman as a new recruit 100.00 Kozich & Kozich Partial payment No. 3 174.60 Mr. Kohl added the last two items and noted the bills decribed have been approved and verified by the department heads involved; checked and approved for payment by the Finance Director; funds are available in their respective budgets. Mr. Kohl recommended payment of these bills. Mr. DeLong moved that the bills be paid, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. Mr. DeLong wished to call to the attention of the City Manager the request that was made several months ago for the turning arrows at S.E. 15th Avenue and U.S. 1, as he had witnessed another accident there Sunday afternoon. Mr. Kohl noted that he had written to DOT, and he will write again. It was clarified that the County had nothing to do with this. Mr. Strnad asked if it would be possible to expedite the instal- lation of the traffic light at 15th Avenue or Woolbright Road and t8th Street. He stated 15th Avenue is now nearing completion and that is going to be a very busy intersection when completed~ It is in Leisureville. Mr. Strnad clarified that the light in question was no be at 18th Street and Woolbright Road. He felt it was necessary to keep asking for this. ADJOURNMENT Mr. DeLong moved to adjourn, seconded by Mr. Strnad. Meeting adjourned at 10:25 P.M~ MINUTES - REGULAR CITY BOYNTON BEACH: FLORIDA COUNCIL MEETING DECEMBER 2, 1975 ATTEST: CITY OF BOYNTON BEACH, FLORIDA By ~_'~  ~~~~member - Cour~/lmemb er City Clerk STATE OF FLORIDA ) COUNTY OF PAL~ BEACH ) SS /0ITY OF BOYI~ON BEACH TO THE HONORABLE MAYOR AND COUNCI~N OF THE CITY OF BOYNTON BEACH, FLORIDA: We, the undersigned Clerks of the General Election held on the 2nd day of December, 1975 A.D. for the purpose o£ electing two (2) candidates for Council~ do hereby certify that at such General Election the results were as follows: CANDIDATES Pct. Pct. Pct. Pet. Pct. Pct. Pct. Pet. Pct. Pet. #139 #141 #~4~ ~146 ~7 #~4~ #155 #156 #160 #161 Gene "Moose" Noore III ,1/,5' A~P2 S's-~ 27q- 5L7P [~1 , ~3 ~& TOTAL WRITE IN VOTES ABSENTEE TOTAL VOTES CAST 01erk, P~cinct #139 # 7 Clerk, Precinct ~-'141 ~ 6~k~ Pr e cinctM¢~49 01erk, Precinct ~156 an~ 161 Tereesa Padgett~5~ity Clerk