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Minutes 10-21-75MINUTES OF THE RECONVENED OCTOBER 21, 1975 REGULAR CITY COUNCIL M~ETING OF THE CITY OF BOYNTON BEACH, HELD AT CITY HALL WEDNESDAY, OCTOBER 22, 1975. PRESENT ~avid Roberts, Mayor Joe DeLong, Vice Mayor Edward F. Harmening~ Councilman Norman F. Strnad, Councilman Emily M. Jackson, Councilwoman Frank Kohl, City Manager Ernest Simon, City Attorney Tereesa Padgett, City Clerk Mayor Roberts re-called the meeting to order at 5:04 P.M. OLD BUSINESS Traffic Light ~ S. W. 23rd Avenue Vice Mayor DeLonK In view of the final vote at last night's meeting regarding the 1-95 ramp, Mr. DeLong felt it was very imperative to immediately have a traffic light erected at S. W. 23rd Avenue, and said it should be nreaned as an emergency. Mention was made that there would have to be a study from an engineering standpoint. Mr. DeLong moved to instruct the City Manager no move 'expeditiously towards the installation of a light at the ramp. Mr. Harmening seconded. After some comment motion carried 5-0 Federal Revenue Sharing - Vice Mayor DeLon~ Mr. DeLong said in order to have no more doubts ~abQut what was done regarding supplementation to the Day Care Program, he wished to have the reply sent to Congressman Rogers in response to Mrsl Jackson's request. He then read subject letter from the Secretary of the Treasury addressed to Mr. Rogers (copy attached) He wished to note that the City acted legally. He said at the time the City got involved in thls project, the City Attorney advised the City that it was acting legally regarding Section 104A as mentioned in the above letter. LEGAL Ordinances - Ist Reading Proposed Ord. No 75-37 Re: Organizational Chart Mr. Simon read the above Ordinance on first reading in its entirety. Mr. DeLong moved for the adoption on first reading of Ordinance No. 75-37, seconded by Mrs. Jackson. Under discussion, Mr. DeLong asked the City Manager to point out whan this change will entail. Mr. Kohl said the most important change was under Util~Ities in regard to the budget, which now has Water Distribution, Water Plant, Sewer Plant, Sewage Collection, Water S~pply and Sewage Pump Inspections. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Aye Councilman Harmening Aye Councilwoman Jackson Aye Councilman Strnad Aye 1 MIN~ES - RECONVENED CITY COUNCIL MEETING BOYNTON BEACH, ~ORIDA OCTOBER 22, 1975 Proposed Ord. 75-37 (Cont'd) Mayor Roberts Motion carried 5-0. Resolutions Proposed Res. No. 75-MM/~ - Re: Regulations Aye Amending Civil Service Rules & Mr. Simon read the above Resolution in its entirety. Mr. DeLong moved for the adoption of Resolution No. 75-MMM, seconded by Mr. Harmening. 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. Proposed Resolution No. 75-NNN Re: Inequities in Road & Bridge Fund and Control of County Budgets Mr. Simon read the above Resolution in its entirety. Mr. DeLong moved for the adoption of Resolution No. 75-NNN, seconded by Mrs. Jackson. 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. Proposed Resolution No. 75-000 - Re: Permitting Public Identification of Minors Who are Second Offenders in Felonies (TABLED) Mr. Harmening moved to take this item from the table, seconded by Mrs. Jackson. Motion carried 5-0. Mr~ Simon read the above Resolution in its entirety. Mrs. Jackson moved for the adootion of Resolution No. 75-000, seconded by Mr. Harmening. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Aye Councilman Harmening - Aye Councilwoman Jackson Aye Councilman Strnad Aye Mayor Roberts Ave Motion carried 5-0. MINUTES RECONVENED CITY BOYNTON BEACH, FLORIDA COUNCIL MEETING OCTOBER 22, 1975 Proposed Resolution No. 75-PPP Startzman Re: Testimonial to Mr Paul Mr. Simon read the above Resolution in its entirety. Mr. DeLong recognized the fact that Mrs. Jackson was the sponsor of this Resolution. Mrs_ Jackson moved for the adoption of Resolution No. 75-PPP, seconded by Mr. Harmening. Mayor Roberts noted how much Mr. Start-zman has heloed both Boynton and Delray in regard to the Regional Plant and he felt Delray should consider having a Resolution passed in recogniCion of Mr. Startzman's services. After some further comment, Mrs. Padgett called the roll as follows: Motion Vice Mayor DeLong Aye Councilman Harmening Aye Councilwoman Jackson Aye Councilman Strnad Aye Mayor Roberts Aye carried 5-0. OLD BUSINESS Consider Annexation Request o'f Mr. Joseph Cogen (TABLED) After noting that someone was present representing Mr. Cogen, Mrs. Jackson moved to take this item from the table. Mr. DeLong seconded Motion carried 5-0. Mr. Kohl referred to his letter for the Agenda, stating that Councilmembers had before them documentation required for the request for annexation for acreage off Congress, S.W. 23rd Avenue submitted by Mr. Cogen, along with Mr. Cogen's check for $100.00 with one copy of the application form, completed annexation form, two Warranty Deeds and correspondence from Mrw Zeiger, Attorney for Mr. Cogen. The Plans are in the office of the City Manager and if Council is in favor of annexation, the file will be referred to the PlanninK & Zoning Board for their recommendation. Mr. Charles Fronrath of 222 S.E. 1st Avenue represented Mr. Cogen and would answer any questions. Mrs. Jackson noted that the City has turned business down on the S.E. corner of 23rd and she asked if Mr. Cogen would be willing to leave the corner free. Mr. Franratb said Mr. Cogen would be willing to set aside a two acre piece on the corner of 23rd and Con~ress until a later date when something acceptable to the neighbors could be found. He's planning to build homes in the neighborhood of $39-49,000 which will be open to children also. Mrs. Jackson said at the last regional meeting with Delray the City was told by the time the Regional Plant w~s finished, it would be filled to capacity and she asked if Mr. Cogen was planning on a package plant. Fir. Fronrath said. he did not know of any such plans at this time. He believed Mr. Cogen planned to tie into the Regional Plann. It was clarified that the Plant was going to be south 3 MINUTES - RECONVENED CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 22, 1975 of Charter World on the other side of the road. Mr. DeLong felt Mr. Cogen was interested in becoming part of the City and engineering details couId be worked out upon receipt of recommendations from the Planning & Zoning Board. Mr. DeLong moved to refer this matter to the Planning & Zoning Board to come back with their recommendations. There were no prior agreements and if the area was annexed, it would have to respect the City's Ordinances, etc. Mr. Strnad seconded. Mr. Roberts referred no the question of the,corner across from Milnor Corporation and the concern of Mr. Cogen's willingness to leave a certain amount of property free. M_r. DeLong wished to be left out of any talk abo~t anticipate~ zoning as this was to be workeg out by the Planning & Zoning Board~ Ifrs. Jackson was conc!erned about the sewer and water. Motion carried 5-0. Reconsider Bar Closing Hours It was noted that this matter came up before and Council had taken no action. Mrs. Jackson noted that other cities were cooperating with the County and it was hoped that Boynton Beach would go along and become uniform. She said she would like no see the bar closing hours changed from 5 AM to 3 AM. Mr~ DeLong said there have been no problems and he didn't believe in regulating peopleYs habits and unless the citizens came forth and requested the earlier closing hour% he felt they should stay as they are. Mrs. Jackson didn't wish to see people from surrounding areas coming into the City as a last resort and she wished to avoid problems. Mr. DeLong felt the matter should be tabled and ha~e the City Manager check into whether it was felt that a problem would be caused. After some further discussion, Mrs. Jackson moved to change the bar closing hours to 3 AM to coincide with the other cities. Mr. Harmening seconded with an amendment that 80% of the other cities in the County all go to the 3 o'clock limit. Mr. DeLong said there has already been 80% in agreemenn. Mayor Roberts noted that the County has already changed the County% hours to 3 AM closing and those not in the County are all more or less agreeable. He felt the City should give it a try and keep ahead of the problems. Motion carried 3-2 in favor of having an Ordinance drawn by Mr. Simon. Messrs. DeLong and Strnad were against. ~. Abandonment of Alley and Establishment of an Easement - Mr. Clarence Shelton, 115 S. Seacrest Blvd. Mr. Kohl said the above request has been pending for many montb~ and denied by the Planning & Zoning Board at several of their meetings due to the fact that all requiremenns had not been met, specifically, the utilities companies were objecting to this abandonment and requested an executed easement document from Mr. Shelton before they would approve. He referred to an excerpt from the October 14th Minutes of the Planning & Zoning Board in which they ultimataly approved the abandonment~ Since all MINUTES - RECONVENED CITY COUNCIL MEETING OCTOBER 22, 1975 BOYNTON BEACH, FLORIDA conditions have been met, Mr. DeLong moved to follow the recommendations of the Planning & Zoning Board and allow the abandonment as requested. Mrs. Jackson seconded. Included in the motion were comments by the City Attorney that this should be published for Public Hearing and the easement grant should be received from the applicant. The record will show that the Council's action is contingent uoon the two points made by Mr. Simon above. Motion carried 5-0. Consider Transfer of Funds for Planning Consultant's Professional Fees Mr. Kohl noted that the services of Mr. James Smoot, Professional Planner were obtained to assist the Planning & Zonin~ Board with the zoning revision, however, at the time his services were approved, no provision was made for his fees~ Mr. Kohl therefore requested a transfer of funds in the amount of $2,000 from the Contingency account to be transferred to the Building Department account for Mr. Smoot's professional fees. It was felt that Mr. Smoot's services will be needed for approximately another two months and this amount should cover these services. Mr. DeLong moved to approve the City Manager's above~ Mrs. Jackson seconded. No discussion. 5-0. recommendations Motion carried NEW BUSINESS Request Approval for Appointment of Building Official Upon the request of Mr. Kohl, Mr. DeLong moved item from the Agenda. Mr. Harmening seconded. 5-0. to delete this Motion carried ADMINISTRATIVE (Cont'd) Consider Request of the Science Museum of Palm Beach County Mr. Kohl referred to a letter before Council from Mr. RalDh O. Ewers, Director of the Science Museum of Palm Beach County requesting a connribution of funds in suoport of the museum. (The letter was dated September 26, 1975). It was clarified that although the Museum was located in West Palm Beach, it was a County operation, and there was some discussion about how much benefit was derived by the citizens of Boynton. After further discussion, Mr. Harmening moved that the City of Boynton Beach donate ~500.00 to the Palm Beach County Science Museum. Mr. Strnad seconded. It was noted that Mr. Kohl would take these funds from the appropriate account. Motion carried 5-0. Receipt of Correspondence from the Town of Palm Beach - Re: Proposed Resolution -- Conformity in the Collection of Yard Trash and Household Garbage Mr. Kohl said this was in regard to a letter from George Frost 5 Att a e~hment OFFICE OF THE SECRETARY OF THE TREASURy September 25, 1975 - o/ee/Ts Council minutes Dear Fir. ROgers: Reference is made to your recent correspondence on behalf of Mr. Frank Kohl City Manager of Boynton Beach, Florida. ' Mr. Kohl's letter questions the use of revenue sharing or= a~Day C_are. P. rogram which presently expends other e~eraz zun~s, cons z~ering the in-formation provided in Mr. Kohl's letter the expenditure for the "After Care" service may be a permissible use of funds even though other Federal funds are expended simultaneously. However, ~. Kohl should be advised that Section 104(a) of the State and Local Fiscal Assistance Act of 1972 provides that no State or unit of local government may, directly or indirectly, use revenue sharing funds as a contribution pursuant to any Federal law which requires such governmenbs to make a contribution in order to receive Federal funds. There is no violation of the Section 104(a) matching pro- hibition when a State or unit of local government merely supplements a Federally-assisted program with revenue sha~ing funds. If l{r. Kohl is doubtful, there is a twofold test used to determine whether a Federally-assisted program comes ~ithin the purview of Section 104(a) of the Act: 1) Is the Federal. government's cash or in-kind contribution to a Program preconditional on a local cash or in-kind contribu- tion to that program? 2) Does the local contribution to a program trigger or generate a corresponding Federal contri- bution to that program? If the answer to either of these -2- questions Es affirmative, revenue sharing funds may not-be used by tha Boston Beach government for the required contri- butions. And if the shared revenues are used by such a project, the recipient's accounts should be able to demon- strate that the shared revenues were not used as the local contribution. Should f~rther questions arise on thismatter~ please do not hesitate to contact us. Sincerely, ~heila Y o Fle=m~ng - for John K. Parker Acting Director Office of Revenue Sharing The Honorable Paul G. Rogers House of Representatives Washington, DoC. 20515 Acct, No. 10 2 050 003 MINUTES RECONVENED CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 22, 1975 to the Florida League of Cities regarding conformity in the collection of trash and household garbage and it was for Conncil's consideration as no whether or not they wished to have a Resolution drawn up. Mr. Harmening said he supported Mr. Frost's views and Mr. DeLong noted that the Florida League of Cities supported the action and always give these matters a great deal of study. Mr. DeLong moved to have the appropriate Resolution drawn, seconded by Mr~ Harmening. No discussion. Motion carried 5.-0. Receip~ of Mr. Anton Hoel's Resignation and Recommendation of the Community Appearance Board Mrs. Jackson moved to accept Mr. Hoel's resignation with regret, seconded by Mr. Ha-rmening. No discussion. Motion carried 5-0. Discussion ensued about the suggestion of a Mrs. S~nn. Mrs. Jackson recommended Mr. Joseph L. Lee, a registered Architecn. She said he would have no conflict of interest because he designs golf courses~ She gave his business address as 1100 S. Federal HighWAy and he lives on Lake Drive She moved Mr L e s appointment pending hzs acceptance. No second was necessary and ~o~ncil agreed~ ADJOURNMENT Mr. DeLong moved to adjourn, seconded by Mrs. Jackson. Motion carried 5-0. ~{eeting adjourned at 5:59 P.M. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ~~/~~OMay°r /~uncilmember City Clerk - 6 FROM . - ~ ~ - ..... -~ ' '' · EXCERET '/- COr~xT~Rb Ai iON PRIOR TO OP~NL' G ± H~ CO-~X~Ct'~ ~-~ETiNG HELD 1975 Ken!. Strnad: No, I say I have a red tag on it now~ but... SJ it'is stopped as o~ now, isn't it? Kohl: D e Long: · Rohl: DeLong: Kohl: DeLong: Right. You sent com~m, unications out on uhis? man what he could do. hat on. I c~n~t see Harmening: I think maybe Mr. DeLong: Pardon Right. From. my interpretation of the co]r~unieations, this m~e is privileged to have a buiidingpermit because he wanted to put a duplex on his lot ~n_d he was told that he wash~t---didn~t have to ~nd he could erect a one family home. That is ~/nat I have· Of coumse, I sent the n{nutes of the Board of Adjustment meeting down to the'attomney ~or him to study and you know..to make everything legal and honest ..... As far as I am pemsonally concerned~ after reading the communications that you sent aroand: it would appeals to me tbst everything is in order and if any que~stions were raised that you could have handled this whole thing ads~nistmatively- There's no...i don~t see why it has ~ny business even before the Co~nsi!. It's in order. I read the _~.nutes f~om the Board of Adjustment. I mean...they are clear ~d concise ~nd tol~ ~he And I think that is sufficient to h~ng his ~ny reason for any pPoblem there. Ko hi would sorta like to .... 'Hammgning: that subject. DeLong: I thought the air was clear... mead the cc;£~unication.. Harmening: I read the minutes..I received familiar with .... I say maybe Mr. Kohl would kinda like to clear the aim on Mr. Harmening~ as soon as you the coDf~nications ~nd I am .... ~ r __de ~t~ Board of Adjustment~ anyway. Strnad: we can t eve ~'q ~-~ D,?_~oRg. if we do~ v}e go to ~ne cour~ me~q~ ~ donrt see even give a decision. Kohl: D£Lon9: O, K. then. · ~ ~- ~ 'o'nn o~ .... we have ~o ge ,,,= ~,an~. to get a position n~re. a QlcClol~.~ tC CCUPE oi proper jurisdiction. i}ushne!l: ~,~v. uekker, we will remove the ued t~s tomor£ow mornmng- Kohl: O.K. Sir. D ek~ke r: DeLong: Kohl: Strnad: I can go home now end have my supper...Sorry: you can't have yours. No, I me~%, took..the Board of Adjustment ..... there is personalities involved in this...you undemstend.. this is no business of this City £oumcil~ we cannot over mule the Board of Adjustment. I~ we £eel as though you are doing anything unjust, we must go to the court of pmope~ j umisdiction mhd prove our case. And I don~t think vm have any offenses to do mnything like that. O.K, Yeah. Goodnigb~, Richie. Catch a big snook. MINUTES OF REGULAR CITY COUNCIL M~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, OCTOBER 21, 1975. PRESENT David Roberts, Mayor goe DeLong, Vice Mayor Edward F. Harmening, Councilman Norman F. Strnad, Councilman Emily M. Jackson, Councilwoman Frank Kohl, City Manager Ernesn Simon, City Attorney Tereesa Pad~ett, City Clerk Mayor Roberts called the meeting to order at 7:30 P.M. and asked all to rise for the invocation given by Rev. L. Edward Wollenweber, Pastor of the Congreganiomal Church, followed by the Pledge of Allegiance no the Flag led by Vice Mayor DeLong. Announcements Mayor Roberts read a Proclamation designatinm October 19-26, 1975 as National Business Women's Week in Boynton Beach. The Mmyor then announced that the South Central Regional Waste- waner Treatment and Disoosal Board meetinm would be held at 7:00 P.M., November 6, ~975 an Delray Beach City Hall. Mayor Roberts said Agenda should give an the appropriate anyone wishing to soeak on any item on nhe his or her name to the City Clerk to be called time. MINUTES Regular City Council Meeting - October 7~ 1975 Mrs. Jackson referred to page 15, paragraph 3, line 2 -- insert "and Utilities Director" after Finance Director. Also rezarding that first sentence, she wished no ~o on record as stating the meetin~ was not aboun reducing the rate for the City inside its limits because no one member of the Council can si~ down and discuss reducing rates for the City. ~at was discussed was how "we were going no go about this ..." ~ Harmening referred to page 20, paragraph 2, line, at the end of line 10 -- add the word ".. no". In the same paragraph~ line 12, the phrase" in nhe State of Florida" should be changed to ".~. and the State of Florida' On page 21, paragraph 4, the first word on line 3 should be changed to "curb and gutter". -- "curvature" Mr. Strnad referred to page 14, last sentence in oaragraph 3 and asked Mrs. Jackson what p~pes she was referring to and it was explained that she meant the oioes going to the standpipes were oversized and would consume more water. Mr. Roberts referred no oa~e 5, last sennence of oara~raoh 2 and the phrase "Mrs. Jackson called the roll ...' was corrected to 1 MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 read "... Mrs. Padgett called the roll ..." Mayor Roberts referred to page 19, paragraph 4, last sentence and it was clarified that~Mr. Strnad's proposal concerned the opening up of 25th ~enne. The Mayor referred to page 23, paragraph 4, line 4 which was corrected to read "... it was felt that one-way streets were more hazardous ... ' He then referred to page 25, Dara~raoh 2 and asked in regard to 15th Avenue if the C~ty received the right of Way from the original builders in the area to accommo- date a two-way highway. After some discussion, Mr. Clamk, City Engineer, said yes, it was dedicated to the public and it is planned for fou~ lanes. Mr. DeLong moved to adopt the Minutes of the Regular City Council meeking of October 7, 1975 as corrected. Mr. Harmenin~ seconded. No discussion. Motion carried 4-0, with Mayor Roberts abstaining since he was not oresen~ an that meeting. PUBLIC AUDIENCE Residents of Village Royale on the Green Mr. Joseph Aranow of Village Royale on the Green was To be the spokesman for the group. Mr. DeLong asked if what Mr. Aranow was about to presenn had any bearing on any litigation that is pending in regard to Village Royale on the Green. Mr. Aranow said when he first requested a special meeting to discuss the problem of parking at Village Royale on the Green he was asked if it was in litigation and he answered that there is no legal action pending against Villaze Royale on the Green by any of the Unin Owners League buildings or by the Unin Owners League involving the question of parking. He then referred to nwo unrelated actions which are pending regarding a second recreation hall and maintenance. Mr. DeLong read a communication regarding the maintenance problem which he was made aware of in 1973, particularly regarding the Greenhaven Building, 231 E. 26th Avenue and he felt it was time this situation was taken care of. Mrs. Jackson referred to the packet given to Council by Mr. Aranow and it was noted that everyone had received a copy and read it. The Mayor noted that the hacker referred no stated that an application will be presented to City Council to have them direct the City Manager and the heads of various departments enforce the Ordinances~ rules and regulations pertainine to the Zoning and Building Departments. After some discussion during which it was stated that Mr Aranow would give some soecific background information regarding the above, Mr. Aranow said in regard to the question of whether or not there was a lawsuit involved, he felt no one in Village Royale wanted to do anything by lawsuit or otherwise that would put them in a position where they would become party to a violation of a City Ordinance or be 2 MINUTES - P~GULAR CITY BOYNTON BEACH, FLORIDA COUNCIL MEETING OCTOBER 21, 1975 guilty of a misdemeanor, etc. They would have no part of any action that refers to the parking violations. He believed that the violations existed before the first building was comoleted because when the first site pIan was oresented to the Planning & Zoning Board of Boynton Beach, there was a shortage of oark- ing spaces. Mr. Aranow then reviewed the material he had pre- sented to Council concerning the parking problem and discussion resumed at length about this manter, including reference to a letter dated April 18, 1975 sent to Village Royale on the Green by the,then Building Official, J. w. Barrett. Referring to the above letter, Mr. DeLong asked if Mr. Aranow knew what Mr. Barrett meant by the statement "... Some buildings now have a different orientation than the olan approved by the Planning & Zoning Board." Referring no the second paragraph of the same letter, Mr. DeLong questioned if the survey of buildings and parking areas mentioned was ever received and submitted to the Planning & Zoning Board and City Council for reconsideration and/or aooroval. Mr. DeLong then asked what action, if any, did the Planning & Zoning Board take. He said he had done a comore- hensive study on this matter and he wished to have satisfactory answers. (In the midst of the discussion, Mayor Roberts noted there was to be a Public Hearing at 8:00 P.M.) Mr. Aranow listed several areas where some buildings have a different orientation than the plan approved by the Plannin~ & Zoning Board in answer to Mr. DeLong's first question and he said he would go into detail if there is a special meeting as requested. In answer to Mr. DeLong's second question above, Mr. Aranow said a survey as reauested by Mr. Barrett was submitted by Village Royale on the Green showinz the shortage of 510 parking spaces, with not one improvement. He also felt the survey was not accurate as some of the buildings showed no rear terraces, so the rear lines were shorter than they should be. (Mr. Aranow was then interruoted for the Public Hearing.) PUBLIC HEARING - 8:00 °.M. I~ESTCHESTER HEIGHTS, Lot ~44, 103 S.W. 23rd Ave., Lot #45, 2393 S. SEacrest Blvd.; Applicant: Raymond Zomoa, as Agent for Joseph N. & Grace Schraut, Owners Reouest: R-2 to C-1 Use After Rezoning - BUsiness and Professional Office Use Mayor Roberts asked if anyone wished to speak in favor of this request. Mr. DeLong moved to first susoend the regular order of business, seconded by Mr. Strnad. No discussion. Motion carried 5-0. Since the Council Chambers were overflowine and oeoole were waitin~ outside to come in, Mayor Roberts suggested that two rows of seats be reserved hereafter for people who had City business scheduled on the Agenda and a call was made for someone to speak about either this or the nex[ item under Public Hearing. ~. Raymond Zompa noted this is on the northwest corner of 23rd and Seacrest, adding that in the new zoninz, the area was MINUTES - REGULAR CITY COUNCIL MEETING OCTOBER 21., 1975 BOYNTON BEACH, FLORIDA zoned R-3 and an the hearing it was chan~ed to R-2. He said the other three corners were zoned.for business and orofessional use and he felt the same should apply to his corner. He oro-_ posed that an office building be constructed on che site, omrticu- larly for doctors. M~. BeLong noted noon the adootion of the new'zoning Ordinance, Mr. Zompa was in the audience and this matter got by him completely and he only stated his case after the Council had taken action. He believed it was snated by the residents of High Point that they had no objection to the .corner beinM re- zoned as requested by Mr. Zompa. Mrs. Jackson referred to Minutes of the Planning & 7oning Board Meeting stating that a Petition containing 28 names was presented to the Board and she wished.to know if these peoole were for or against. Mr. Kelly of the Plannin~ & Zoning Board was unsure at'that moment, but it was later clarified that the Petition was against the rezoninM, after Mr. Kelly read the Petition aloud. Mr. Fred Kostner, 140 High Point Boulevard North, came forward to speak in favor of the rezoning. He exolained'~that mosn of his life's work was devoted no real estate aporaisal and the finding of the highest and best use of lands under consideration. He felt the corner in auestion would not be suitable for a residential use and that the highest and best use would be commercial. He did not wish to see a himh-rise residential building on the site and believed that doctors' offices were needed. Mr. Kostner mppealed to Council no consider Mr. Zomoa's request for C-! zonzng. There was some discussion between Mr. DeLong and Mr. Kosnner during which they both stated their belief that everyone would have been in favor of this change. Mr. ~amem Same came forward to speak against the rezoning. He honed he had been on the Zoning Board and spoke at length about the traffic problems in the area. He noted that Seacrest was going no be widened and he was concerned about possible re- duction in parking when this occurs~ Mr. DeLong referred to the meeting on zoning he referred to earlier and he believed that Council did rezone all the way around the corner on the south side of 23rd from Seacrest all the way to the FEC tracks and also on the north side, the north- east corner was made C-i~ It was the feeling at that time that Council was making the other corner comoatible with the three, and the zonzng to the south of it on the same side as Bethesda Hospital. Mayor Roberts agreed with Mr. DeLong. He noted that the Planning & Zoning Board was workine with the services of a professional olanner. He noted that when plans are oresented for commercial building, it is reouired that certain s~uare footage be at the place before a 6uilding permit is issued. He MINUTES - REGULAR CITY COUNCIL MEETING OCTOBER 21, 1975 BOYNTON BEACH, FLORIDA questioned with Seacrest being four-laned, and possibly 23rd Avenue, would this have any bearing on this particular lot? Mr. Bushnell of the Building Department said to answer the Mayor's question, it would take some review of the piece of property and also some review of whether or not there has been taking of Golf Road and Seacrest for the widening. He felt the City Engineer would have this information. He said aside from that, the area of the lot is a prime consideration as is the number of parking soaces required. Mr. Zompa believed there is already 80 feet of rizht-of-way and he had information from O'Brien, Suiter & O'Brien that there was nothing in the works for four-laning of Seacrest in the immediate future. After some further comment, Mr. DeLong advised that there is a five-year olan and the County has already put $150,000 more than they intended to start the engineering on it. Mr. Zompa said all that could be put on the two lots would be a 9,000 sq. ft. building. He is talking about a 25,000 sq. ft. building on the other seven lots that go from the corner of Seacrest south towards the Hospital -- so that would ~ive plenty of parking, ~reenery, etc. He felt the oeoole who bought the property would build as reouired by doctors, with szx parking spaces per doctor. Mr. Donald Besecker, 139 S.W. 24th Avenue, said he turned in a Petition at the Zoning Board meeting a week ago which con- tained 28 signatures of residents of Westchester HeiKhts -- all not within the 400 feet of the corner that Mr. Zompa wants to change. He described the surrounding area and felt that Seacrest and 23rd would definitely be four-laned because of the heavy traffic. After some comment about taxes, Mr. Besecker stated he felt there was enough C-1 zoning in the area and he would like 5o see the area in suestion remain the same. Mr. DeLong asked for clarification as no how many people who signed the petition lived within 400 feet of the corner and Mr. Besecker said none. He also asked Mr. Kostner how many people from High Point who approved of the chanme lived within the 400 feet and it was believed there were none. Mr. Sarno felt that the people in HiKh Point would not be effected by a change in this area, as there are so many entrances and exits to that community. Mr. DeLong said he was of the impression that the people of High Point who were in favor lived within 400 feet of the area, but if not, he {elt it would have a different bearing on the matter. After some further comment, the Mayor clarified with Mr. Kelly of the Planning & Zoning Board that their recommendation was arrived at ~s~ there was adequate C-1 zoning in the area, with the assistance of Mr. Smoot, the professional planner. Mr. DeLong noted what was discussed originally did not have any 5 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 permanent bearing on what was ultimately brought out this evening. Mr. Zompa appealed once more in behalf of champing the zoning over to C-1 and after some further comment, _Mr. Harmening moved to-accept the recommendations of the Planning & Zoning Board and deny the request for re-zoning. Mrs. Jackson seconded. No discussion~ Mr. DeLong requested a roll-call vote which Mrs. Pad~ett called as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Aye Aye Aye Aye Aye Motion carried 5-0. Reconvened from October 7, 1975 - Re: Re-zonin~ LAUREL HILL, GLEN AREOR, GORDON PARK Mayor Roberts asked if anyone wished to soeak for against this change. Mr. Tom Coffey, 326 Glen Arbor Terrace, said he attended 2 meetings and worked on a petition re change from R1AA to R1A zoning. He said the petition had 192 siMnatures from Glen Arbor, Laurel Hill. Gordon Park opposed to the chan~e, but since that time, the residents of Gordon Park got together with their own petition of 28 names in favor of their own area to b&~changed back to R1A. Therefore 28 names should be deducted from the original petition. Mr. Harold Werger, 719 N.W. 7th Court said he was on a petition committee which canvassed 80-90% of his area which was~in'/fa¥or of maintaining the zoning as is. The remainder of Laurel Hill._ would like no know what procedure no follow'to upgrade the rest of Laurel Hill and make it all R1AA. He was advised no contact the City Manager. Mrs. Jackson noted it was brought out in the Planning & Zoning Board Minutes that nhe area in question -- Laurel Hill and Glen Arbor -- was pretty well built up and the oeoole were in favor of keeping it as it is. Mrs.Dou~herty, 506 N.W. 8th Court, Gordon Park, said 98%of the people in Gordon Park wished to keep the area R1A. Mrs Jackson wished to reoeat the motion made at the Planning & Zoning Board Meet%rig which was their recommendation to Council and she moved to accept said recommendation (see attached P&Z Minutes), seconded by Mr. DeLong. It was clarified nhat the area in question was to be zoned all R1AA, exceo~ Gordon Park which would be R1A. No discussion. Motion carried 5-0. Mr. Simon read O~dinance No. 75-36 on first reading in its entirety re the above. Mrs. Jackson moved for the adoption of 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 Ordinance No. 75-36 on first reading, seconded by Mr. DeLong. No discussion. Mrs. Pad~ett called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Ave Aye Aye Aye Aye Motion carried 5-0. Mr. DeLong moved to revert to the regular order Public Audience, seconded by Mr. Harmening. No Motion carried 5-0. of business discussion. PUBLIC AUDIENCE (Cont~d) Referring to ~r. DeLong's question earlier as to whether any action was taken by the Planning & Zoning Board in regard to the new survey that was submitted by Village Royale on the Green in response no Mr. Barrett's April 18th letter, Aranow said it was submitted to the Planning & Zonins Board and the Board decided it had no jurisdiction to entertain the application presented to it and by a vote of 5-0, it was denied. At the same time, the Planning & Zoning Board on motion believed that the City Council should look into this matter, with a motion which carried 4-1, ~.~rs. Huckle against. Mr. Aranow felt this answered all the questions regarding Mr. Barrett's Aoril 18th letter, unless Councilmembers had others. Mr. DeLong felt his questions were answered -- nothing was done. Mr. Aranow said this ~atter was brought up at the June 10th meeting of the Planning & Zoning Board. There were pages of testimony which he didn't wish to go into at this time, but said it was the attitude of the Planning & Zoning Board that there were violations of different types. Mr. Aranow wished to concern himself solely with the marking violations. Mr. Aranow referred to a letter from the Mayor dated July 9th in which the Mayor advised him that Mrl Kohl had advised the ~ayor that he had set uo a meeting at Mr. Aranow's request and that he had directed the acting Building Official to begin a re-inspection of plans, etc., involving among others, Village Royale on the Green. }~. Aranow then referred to various news- paper articles stating that the City ManaMer said he had instructed Mr. Bushnell, acting Buildin~ Official, that he should make inquiries from the very first site plan to every proceeding that had been taken with regard to same. !~en ~rou~ht up to date, this report would be given to Mr. Kohl and he in turn would advise the City Council~ to what was in that report. Fir. Aranow said nothing of any consequence was done by the Building Department and the day Mr. Bushnell was appointed to acting Building Official, he and two other members of his committee requested a comolete investigation of Village Royale on the Green, specifically to find out what violations there MINUTES REGULAR CITY COUNCIL ~M~.ETING OCTOBER 21, 1975 BOYNTON BEACH, FLORIDA were and they requested Mr. Bushnell to act on them. Mr. Bushnell said he was not familiar with his new job at that time and asked for a small delay in time. Mr. Aranow felt Mr. Bushnell was not comoletely unfamiliar with the problem and he questioned how the missing 510 parking spaces were overlooked by a building inspector. Mr. Aranow reviewed the actions requested to be taken by Mr. Bushnell, including a letter to be sent to the developers of Village Royale on the Green to find out what was to be done about the missing parking spaces. The letter was sent out and after a few days, Mr. Aranow said he requested that the City Building Official enforce.the Ordinances. He then recounted a conver- sation he had with Mr. Kohl wherein the City Manager felt the matter was in litigation. However, Mr~ Aranow said they would non litigate~a question that the City of Boynton Beach can take care of ztself by en_orczng the parking vlolatzons. He felt it was up to the City of Boynton Beach to en_orce the parking law and he msked that Council direct the City Manager to direct the Building Official to enforc~ the' Ordinance and go into Court and get whatever penalties are ~equired to see that these violations are removed immediately. Mr. Aranow did not know'of any search ~hat has been~mad~by the Buildin~ Deoartment ~o find out what if any violations are existing on the buildings in Village Royale on the Green. Therefore he asked that there be a special meeting for~Village Royale on the Green so that all these matters may ~cOme out into the open so the residents of that community can g~t justice. Mrs. Jackson asked the City Attorney if he was aware of any litigation on the oarking and Mr. Simon answered that he was aware of a letter from an attorney i~volved in litigation addressed to Mr. Kohl that there is litigation but he was not aware of the contents or subject matter o~ it. Mrs. Jackson asked Mr. Bushnell if there were any CO's pendinM and he said there were none. She clarified with Mr. Kohl that he had asked Mr. Bushnell to look into this. Mr. DeLong referred to the Mayor's July 9th letter to Mr~ Aranow stating that Mr. Kohl directed the acting Building Official to begin a reinsoection of ~lans, comolaints, etc~ from Village Royale on th~ Green and a subsequent newsoaper reoort that Mr. Kohl would present City Council with the findings. Mr. DeLong said he never received such a report and Mr. Kohl concurred, but said he had a reoort now. After Mr. Bushnell received permission from Mr. Kohl to speak, Mr~ DeLong referred to Mr. Bushnell's letter of September 22, 1975 to the develooer of Village Royale on the Green regarding the parking situation and he asked Mr. Bushnell if any effort has be~n made to comoly. Mr. Bushnell answered yes -- a letter was hand delivered to him in response and a olot olan was then submitted to the City Manager. It was noted that Council did not yet have a cooy of this. Mr. DeLong noted that the Ordinance specifies fines and possible imprisonment and he asked if any effort was made to enforce the Ordinance by applying the fines and oenalties. Mr Bushnell said it was not. It was laid in abeyance after MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 Mr. Barrett had made a similar request upon a request from the City Manager due to some litigation of some sort. Mr. DeLong noted that the head of the Building Department is responsible for the Building Department, employees, superivision of construction of any development, etc. He inquired of Mr. Simon, should nhe Building Department fail to obtain various parking violations prior to the issuance of a Certifiaate of Occupancy, to what extent is the City of Boynton Beach liable to the individual unit owners of the Village for this neglect? Mr. Simon answered than the City is not liable for damages to anyone -- proof would have to be submitted. In his opinion, he knew of no reason the City is liable to any individual for these acts. The City did not sell these condominium units to the people and he didn't know, for example of the Declaration of Condominium documents reflect the plans before the City, or what the plans cite. He felt the purchasers relied to some substantial measure on the exhibits attached to the Dealarations. He didn't know if said exhibits were similar or inconsistent with the plans submitted to the City. Therefore, he would have to have a number of questions answered before he could asnempt to answer that posed by Mr. DeLong. Mr. Simon noted that the parking would be a part of the exhibits attached to the Declaration of Condominium documents and i~ would show what the buyers were represented to as to what they were purchasing. After further comment, Mr. DeLong moved that the City Council give direction to enforce those Ordinances that have been violated. Mr. Strnad seconded. (Applause) Under discussion, Mr. DeLong explained that any violations that have occurred, specifically where the residents have been waiting for several years should have corrections made. He felt that ample time was given and that there had been no cooperation given. His motion meant to enforce by fine or imorisonment or whatever means necessary those Ordinances that are on the books. It was clarified that the Buildine Official, City Manager and City Attorney should define what if any violations existed. Mr. DeLong again clarified his motion to state where the City has Ordinances that have been violated, then the City Manager is instructed to take the appropriate action for redress. Mr. Harmening suggested it might be more appropriate to direct the City Manager to discuss the matter of the alleged violations with the City's Prosecuting Attorney and if the Prosecuting Attorney feels there is a case, to proceed accordingly. Mr. DeLong felt his motion embodied such a direction to the City Manager and after some further discussion it was included in the motion to make certain that the Ordinances are enforced. Mr. DeLong repeated his motion that the City pursue the viola- tions that are alleged and if found to be valid, to take the appropriate %erg~% action. Mr. Harmening felt at this point the violations were alleged. Mr Aranow referred to page 18 of his presentation which was a letter from Mr. Bushnell to Village Royale on the Green stating that the shortage of parking was a violation of Boynton's Code of Ordinances relative to zoning, etc. The motion was again repeated with the inclusion 9 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 that the City Manager discuss this matter with the City Prosecutor. Mr. DeLong requested a roll call vote, which M~s. Padgett called as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Aye Aye Aye Aye Aye Motion carried 5-0. PUBLIC AUDIENCE (Cont'd) Mr. Robert Shapiro, Attorney for the Develooers of Village Royale, stated that his clients had no objection to Mr. DeLong's motion. He said his clients believed that there were several mis-statements made by the representatives of the Uni5 Owners of Village Royale on the Green and that they have tried in all respecns to be cooperative with the Unit Owners. In answer to Mr. DeLong's earlier question as to whether the matter of parking was under litigation, M~o Shapiro said it is not under litigation as litigation exists today, however, it has been an integral part of negotiations to settle all the problems of the Unit Owners of~ Village Royale with their ansorney, Mr. Gilden and!with the City staff. He said proposals have been made on both sides. He referred to Mro Bushnell'~ letter quoted earlier requesting a response from tt~ developers within 72 hours. Mr. Sh~ir0 said his clients did in fact respond within 72 hours and made an offer to provide additional parking spaces to the residents of Village Royale. He said in response to the offer, the !Unit Owners rePlied that they didn't want parking where the master plan showed, but wanted them in a place where another building had been scheduled to be built He said his clients agreed to that, however a letter was subsequently received from the representatives of the Unit Owners, including their counsel, stating unequivocally that the Unit Owners would not require the spaces to be paved at ~his time M~. Shapiro said he and his clients were in a quandry. He said the Unit Owners not only wanted additional parking, but they wanted the area greened, landscaped, etc. He did not wish 5o get into a debate with the Unit Owners as to whether they were actually short parking. Mr. Shapiro felt the parking was an integral part of seCtling all the %itigation between the parties and if it's not mn ~ztmgatzon at thms tmme, mt certamnlv wzll be wzthzn a reasonable period of time, amd he felt that was the direction the matter was going. Mr. Shapiro expressed 5o Council that his clients have of'feted to rectify the situanion and since the offe% w~s amended, twisted aro~nd, etc. his clients have wit~dra~ their offer and were wi%ling to have the matter resolved in gn appropriate legal mahner~ RECESS Mayor Roberts called a recess at 9:39 P.M.-to allow much of the audCence to exit. He called the meeting to order at 9:52. 10 - MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 21, 1975 BOYNTON BEACH, FLORIDA PUBLIC AUDIENCE (Cont'd) Mr. Gene Eddy, 1104 S.W. 26th Avenue, wished to speak about Resolution 75-ZZ regarding tennis fees and it was clarified that the original Regolution had non been rescinded and was still in effect. Mr. Eddy stated he was in favor of a lower fee for the tennis courts than is currently in effect, He said he was in favor of the higher fee initially but he now felt it should be made more acceptable to the wider number of people who have signed the petition in favor of no court fees at all. He then submittsd petitions to the City Clerk in favor of a lower fee schedule for the tennis courts as explained by the proposal prepared by t~e Recreation Department ~ meeting. ago. H~ wished to have this new Resolution entertained by City Council. Discussion ensued durinm Which it was noted that it was felt at the last meeting that the Mayor should be present for discussion of the tenni~ f~s. It w~as decided that the Mayor would be given a copy of the new fanes and this item would be placed on the next Agenda. Fred Smith, President of the Boynton Beach Jaycees, requested permission to run the annual Turkey Shoot on November 15-16, 1975, at Jaycee Park. It was noted that an application would have to be filed and Mr. DeLong moved that the request be granted upon receipt of the appliaation. Mr. Strnad seconded. No dis- cussion. Motion carried 5-0. Andrew Jackie Bolden, representing the Concerned Citizens of Boynton, appealed to Council for support in providing safe crossing over canals, particularly at Seacrest and 13th Avenue. It was noted that this matter was the responsibility of the County and after further discussion, Mr. DeLong moved to have the City Manager send a letter to the County stressing the City's concern and backing the request of the concerned citizens. Mrs. Jackson seconded. No discussion. Motion carried 5-0. Mr. Harmening moved to dispense with the regular order of busi- ness and advance to OLD BUSINESS, Item "D". Mrs. Jackson seconded. No discussion. Motion carried 5-0. OLD BUSINESS Receipt of Petition from Residents of Chapel Hill, Forest Hills, Seacrest Hills and Mission Hill - Re: S.W. 6th Street Mr. R. B. Vastine, President of the United Boynton Civic League, 132 Leisureville Boulevard, said the League was shocked to find out that the residents in Chapel Hill were locked in with only Chapel Hill Boulevard to get into than whole area. He said the League feels that no attempt should be made to open a ramp from 23rd down to 6th Street because it is hazardous The League moved unanimously no support the people in the Chapel Hill Area in keeping that exit closed, and give study to some other perimeter road that might be the solution no the ~hroblem there. Mr. DeLong clarified that it was only the ramp ich was felt s~ould be kept closed. 11 MINUTES OF REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL MEETING OCTOBER 21, 1975 Mr. Rudy Blank, 702 S.W. 25th Place~ reviewed ~he actions that have taken place since last February in regard to the ramp problem. He felt Mr. DeLong and Mr. Strnad had personally look&d into~the problem, but that Mrs. Jackson and Mayor Roberts had not. He read-a prepared statement and complained of commenns by Mayor Roberts which- were p~btished in the newspaper. Mr. Blank stressed his concern for a ~afe access road for the homeowners in his community to 23rd Avenue, safety of the children, preservation of their way of life and stability of property values. He appealed to Council to eliminate the ramo which was fell.to be dangerous -- forget-the extra right- of-way, use the existing right-of-way and put'in a service road connecting S.W. 6th Street with the entrance DOT is ready to build 1,000~ feet~ eamt~ make it one-way east for the present until additional arrangements can be made to ooen up this bottleneck and orovide a safe entrance no 23rd Avenue. He coutdnot understand how Council could consider rescindin~ Resolution 75-U, turn aside the wishes of the residents and revert back to this "dangerous intersection", and he appealed for reconsideration. He referred to a Petition siKned by 180 peDDle asking for an access road. The residents of his community wished to ha~e a safe access road and no~ a dangerous ramp. He then read a petition that was in the or~cess of being circulated asked for Council's consideration of }~r. Blank's latest suggestion above. Mayor Roberts took issue with some of the commenns made by Mr. Blank and a~so reviewed some the the events that transpired regarding the 1-95 ramp. ~He said he makes decisions for the majority of the people, after due consideration and many hours of thought. There was some discussion ~bont the Mayor's use of the word "rip-off" which was reported in the newsoaoer and also some commenn about the contents of-hh& Oetition with 180 names. Mayor Roberts also stated tha~ he felt the homes in the area were not assessed properly as he found they were only assessed for afraction of ~heir ~alue and their taxes weren't much higher than those paid by Leisureville. Regarding the access road on 25th,~Ma~or Roberts said another oetition was received in objection and also a legal docflment stating there would be legal action if anythins is done on it. Mayor Roberts questioned wheth%r the City should Dick uo a tab of ~70~t00,000 for ~n access road because of one area pi~king uD some traffic and claiming the ramo is unsafe. He noted that %wo or three engineers said the ramp is safe. Mayor Roberts explgi~ed that his interpretation of the word "rip-off" is when the majority of the oeople pay for a very small group that~enefits few oeoole and he felt it wasn't right. Mrs. Jackson stated in answer no Mr.~ Blank~ remarks earlie~ that she has been to the area and watched the flow of traffic from her car. She did not speak to the oeoole.there personally but spoke to many on the phone. She had-th-~ught after the motion shY'made at the last meeting had not passed in regard to rescinding' the Resoluti6n, that the residents had won and the ramo was not goin~ to be put in. However, DOT later sent word that they were puttzng the ramp in. Mr. Blank said - 12 MINUTES REGULAR CITY COUNCIL ME~ETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 he has since sunken to DOT and they are waiting for a decision to be made by Council tonight. Council disagreed with this statement in that they had received no such word from DOT. After some further comment, Mr. DeLon¢ read a prepared state- ment (copy attached) in favor of helping the residents around 6th Street. Regarding the funds to be used, he said no one in that area ever comnlained when money was used for other items and he reviewed surpluses available in various budgens amounting to approximately 3383,064. He said he also took into consideration p~ojected, f~t~re growth in the area. Mr. DeLong believed it would be advisable for the City to contact DOT to eliminate the proposed ramp and he felt the p¢ohlem could be resolved to the benefit of all concerned. Mr. Richard Rchan, 902 S.W. 27~h Way ~S.W. 8th Street), said he was one of the 189 signers of the petition which asks the Council to restore the residents of Chapel Hill, Forest Hills, and Mission Hiil, enc. an access to 23rd Avenue. He noted their present access was taken awa~ By construction of the over- pass over 1-95 on S.W. 23rd Avenue. He felt the area needed an access to S.W. 23rd and other plans~for exits to Seacrest Boulevard would not do. He said the main reason for the request was to relieve the hardship of residents of the area having ro use Chapel Hill Boulevard to go north or west in the City. It was also felt that Seacrest Boulevard was inadequate to handle the traffic that has built uo and will continue no grow. He felt there was a possibility of increased insurance rates withoun this access. He also felt the way the traffic is now creates an imposition no the residents of Chapel Bill Boulevard and it wasn't fair to burden them this way. Mr. Rohan said it is also possible that Chapel Hill Boulevar~ could be closed by the widening of Seacrest Boulevard; also Missi°n Bill Avenue could be closed by the widenin¢ of Seacrest -- then there would be no outlet, other than no go down Swinton to Delray Beach. He appealed to Council to restore to the oeople of the area, access to 23rd Avenue. He felt if a traffic light was needed to make the e ' ' ' ~ - ntry to S.W~ 23rd Avenue safe~ zt should be znstatled, even though that wasn't the City's respons{bilit y. Mayor Roberts and Mrs. Jackson commented about the safety factor involved regarding access to the area with fire e~uiD- ment Which would be made more difficult without an accesS. Mr~ Lou Sam yn, 151 S.W. 25~th Avenue, referred no the oetition sent in regarding the use ,of 25th Avenue as an alternate route and he said he was one of those against this method, particularly because of traffic problems to and from the hospital. He felt this roune should be studied more closely and n~ted the cost might be great because several property owners would be involved insofar as condemnation and right-of-way. Mr. H. J. Fletcher of 6th Stree~ in the Forest Hills area, qudt~d,~from Resolution 75-~ regarding the language which stated that the ramp caused a very grave and hazardous condition, etc. 13 MINUTES REGULAR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 Mr. Fletcher commented on funds used by the City to or construct other areas and he appealed to Council the safety-~the residents around 6th Street. improve to consider Mr. Cooper of ?26 S.W. 27th Way, said he was one of those who signed the latest petition containing 180 names, asking for access to 23rd Avenue. No specific route was mentioned and it was felt than the engineers of the City and DOT together should be able no come uo with a satisfactory olan Mr. F. Wallace, 2830 S.W. 9th Street, asked if there was no action by Council, ~ould everything~go back to the original route of DOT -- or is there a solution that could be enacted by City Counci%. Mr. DeLong said he understood that the plan would revert back unless Council requested elimination of the ramp. He added that he knew from p~ople at DOT that they were unhappy with the situation. Mrs. Jackson said the reason she wanted to rescind the Resolution at the last meeting in that the ramp was felt to be hazardous, was due to the fact that ~he learned from Lt. Gardner that he felt 6th Street was not hazardous and Mr. Evans of DOT stated that a speed of 35-55 mph. could be assumed off the ramp. She asked ~r. Kohl wh~t the latest word was from DOT. Mr] Kohl said he received a letter from DOT, copy of which was sent to each Councilmember. After some comment by Mr. Wallace, Mr. Strnad stated there was no reason to rescind the Resolution because if the City did not honor its commitment by October 1st, the Resolution was nil. Mrs. Jackson disagreed as she felt the statement about the ramp being a hazard was erroneous and she wished it to be taken off the record. Mayor Roberts remarked in regard to the language in the Resolution (or any Resolution requesting action) that it was worded as such to get a reaction from DOT, especially because of the cost factor. At the time of the original discussion, Mayor Roberts~ believed it was stated if the cost went up to about $50,000, the residents might wind up with no entry. Mr. Wallace said as a resident, he wants direct access to 23rd Avenue. One of the reasons was to maintain quick access with the Fire Department. He also felt fire insurance rates would be effected. He was also concerned about traffic congestion which would result if there was no access. He felt Chapel Hilt Boulevard could not carry traffic in and out of that area alone. Mr. Wallace felt zf the alternatzve was having 23rd closed off completely, he would favor the plan as prescribed by DOT, an~ he was in favor of putting uo a stop light if necessary. He believed any action taken should be for the good of the entire community, not just one area. Mrs. Jackson moved to rescind Resolution 75-U to the Deoartment of Transportation. Mr. Harmening seconded. Mrs. Jackson said her reason for doing so was to get out from under the statements made in the Resolution. Mr. DeLong felt it wasn't necessary to 14 MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 21, 1975 BOYNTON BEACH, FLORIDA rescind and the only reason he would ever vote to rescind is if it was guaranteed that this Council would then move to notify DOT to eliminate that ramp and allow time for the City to work out the access via 6th Street ontc 23rd. Mr. Harmening said after the Resolution was voted up or down, he would then move to instruct DOT to hurry with the ramp because traffic is deplorable. Mayor Roberts said the last communication he received from DOT was that they reverted back to the plan of putting in the ramp where it was oriKinally scheduled to Ko and work would start within two weeks. There was no mention about Council changing its mind. He felt those plans should be accepted for the time being so there will be access, ~ith~a~small cost forLdamages~ Mr. Harmening felt DOT knows how the City feels and he wished to move in an affirmative manne%, and not rely entirely on their latest communication. Mr. Strnad noted that the cost of reverting back would be about $4,500. Mayor Roberts fe%t a light could be put in later, but there should be access for fire equipmenn and the Resolution should be rescinded. Mr. DeLong said he had done an in depth study on the matter and as a consequence he would have to vote against rescinding of the Resoluti6n~ Discussion again ensued about the language in the Resolution concerning whether or not the ramo was hazardous Mr. Harmening did not consider the Resolution a fraud but felt in light of further study and information, he has changed his mind. Mr. Cevasco, 2638 S.W. 6th Street, felt by rescinding the Resolution, it would still he in the record. He did not think the people who signed the petition intended for the ramo no go back. He said the residents around 6th Street never asked that the Street be closed and discussion ensued about who termed the area hazardous. Mr. Cevasco said it was not the residents who used that term Mr. Roberts noted that the Resolution requests moving the ramp and under the present circumstances, it would involve several thousands of dollars. After some further comment, a roll call vote was requested which Mrs. Padgett conducted as follows: Vice Mayor DeLong No Councilman Harmening Ave Councilwoman Jackson Aye Councilman Strnad No Mayor ~obe~ts Aye Motion carried 3-2 in favor of rescinding Resolution No. 75-U. Mr. Harmening moved to direct the City Manager to send DOT a communication in the morning directing them to olease expedite the construction of the original plan and also inform them of the rescinding of Resolution 75-U. Mrs Jackson seconded. No discussion. Motion carried 5-0. ~. DeLong said he has no objection no the access toad -- it should b.e there through 6th Street. The money is there to do it the proper way and eliminate the ramp. Mr. Strnad said he also has no objection 15 MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 to an access to 23rd Avenue whatever. NEW BUSINESS Consider Preliminary Review of Lake View Haven SUbdivision Council agreed to move to this item in that there was someone in the audience regarding same. A gentleman in the audience came forward and said if Council had any questions on this item, he wo~ld try to answer them. Mr. Kohl said this was submitted to the Planning & Zoning Board at their meeting of October 14, 1975,~who recommended approval of Lake View Haven Subdivision to the City Council for their consideration. An excerpt from the October 14th minutes was before Council. Mr. Kohl said he was in receiot of the original linen print and three copies of the sketch of this develooment if anyone wished to review them. Mr. DeLong moved to accept the recommendation of the Planning & Zoning Board above. Mr. Harmening and Mrs. Jackson seconded simultaneously, followed by a second from Mr. Strnad No dis- cussion. Motion carried 5-0. Council agreed to take care of some other items on the Agenda, not in their regular order, before recessing. OTHER Mr. Kohl said there was an emergency in that the air conditioner at Wilson Center had broken down. Ne had a reoair estimate of S800 versus a new air conditioner for $1,475. He chose the new air conditioner and asked for approval Mr. DeLong moved to approve the purchase of the new air conditioner as requested. Mrs. Jackson seconded. No discussion. Motion carried 5-0. ADMINISTRATIVE Consider Change Order No. 1, Part A, Raw Water Main Mr. Kohl concurred with the recommendation of Russell & Axon in their letter of October 15, 1975 from Mr. Swan regarding this Change Order on Project No. 6858-17, copy of which was before Council. He said there would be a savings to the City. Mr. Harmening moved to approve the Change Order No. 1, in accordance with the recommendation of the City Manager. Mr. DeLong seconded. Mr. Roberts noted this was also recommended by the Consulting Engineers. Motion carried 5-0. Consider Request of South County Drug Abuse Foundation Mr. Kohl's memo for the Agenda referred to a request from Mr. Marc J~ Mann, Program Director, regarding the above. At the City Council budget workshop sessions, it was determined - 16 MINUTES - REGULAR CITY COUNCIL !~ETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 that the City would at this time give them an additional $3,000. He noted a check was forwarded to them in the amount of $1,000 on May 27, 1975 which .was approved at the regular City Council meeting of May 20th. Mr. Kohl requested a transfer of funds to be taken from the surplus Community Promotion account so the City may submit its $3,000 to the Drug Abuse Foundation. Mr. Kohl said it was in the budget and he had no objection to paying this amount. Mr. DeLong moved to pay the $3~000 as described above. }~. Strnad seconded. No discussion. Motion carried 5-0. Applications for Permit to Solicit: National Multiple Sclerosis Society; Florida East Coast Cerebral Palsy Association; Boynton Beach Elementary School Parent Teacher Group It was noted that all the applications were in order and Mr. DeLong and Mrs. Jackson simultaneously moved to approve them. Mr. Harmening seconded. No discussion. Motion carried 5-0. BIDS Two (2) Police Motorcycles Mr. Kohl said the above bids were opened October 14, 1975 and the Tabulation Committee recommended acceptance of the sole bid from Harley Davidson of Palm Beach in the amount of $7,356.04. Funds are available and this has all been checked out. Mz. Kohl requested approval. Mr. DeLong moved to grant approval as requested, seconded by Mr. Strnad. Motion carried 5-0. Two (2) Motorcycle Radio Units and Two (2) 2-Way Police Communi- cation Radio Systems Mr. Kohl said bids on the above were opened on October 14, 1975 at 10:30 A.M. in the office of the Purchasing Agent, Mr. Sullivan. The Tabulation Committee received no bids on the two motorcycle radio units and recommends re-bidding this item. The Tabulation Committee further recommends rejection of the one bid received from P. T. Garrett Company of Miami, Florida on the two 2-way Police Communication Radio Systems which the City does not wish to re-bid inasmuch as additional equipment will be required to complete this system in order to make it a complete unit, making the cost noo high. Mr. Kohl concurred with the recommendanions of the Tabulation Committee and requested Council's approval to rebid the two Motorcycle Radio Units. Mrs. Jackson moved to accept the City Manager's recommendation above. Mr. Harmening seconded. No discussion. Motion carried 5-0. Seven (7) 1976 Police Cruisers, One (1) Station Wagon and Five (5) 1976 Two-Door Compact Cars Mr. Kohl said bids were ooened on October in the office of the Purchasing Agent, Mr. - 17 14, 1975 at 3:00 P.M. Sullivan. The Tabulation MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 21: 1975 Cormnittee recommends acceptance of the low bid from Florida Chrysler Plymouth of West Palm Beach, Florida. Seven cruisers for the sum of S30,936.78; one station wagon for the sum of $4,689.98 and five compact vehicles for the sum of $20,677.65. The trade allowance is $7,300.00. The total bid is in the amount of $49,004.41. Before Council were copies of the Tabulation Sheet and-Affidavit signed by Mr. Leon Kieisler of Florida Chrysler Plymouth, Inc. Mr. Kohl said he checked all other requirements and everything fs in order. Funds are available for the above purchase from Account No. 863-75 and he concurred with the recommendations of nhe Tabulation Committee. (He noted that the funds were available fr6~ the Traffic Safety Grant above and also Federal~Revenue Sharing 020~800. Mr. DeLong moved to accept the City Manager's recommendations above, seconded by Mr. Harmening. No discussion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ord. No. 75-34 - Re: Municipal Employees Pension Plan Mr. Simon read the above Ordinance on second reading by caption only. Mayor Roberts asked if anyone in the audience wished to speak in favor of or against this Ordinance. No reply. Mr. Harmening moved for the adoption of Ordinance No. 75-34, seconded by Mr. DeLong. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Aye Aye Aye Aye Aye Motion carried 5-0. ADMINISTRATIVE (Cont'd) ~st of Payments for September Mrs. Jackson moved to accept the list of payments for September and attach them to the Minutes. Mr. Harmening seconded. No discussion. Motion carried 5-0. Approval of Bills Mr. Kohl read the following bills for approval: 1. Allen Insurance Agency ~ 52,221.00 Workmen's Compensation Pay from budgeted funds 001-885.20 030-830.20 $34,814.00 17,407.00 2. Allen Insurance Agency 18 !!~952.00 MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 Approval of Bills (Cont'd) (Cont'd) Fire and Extended Pay from budgeted Coverage funds 001-885.32 030-830.32 $3,984.00 7,968.00 3. Florida League of Cities Membership fees Pay from budgeted funds 001-800.26 Kozich & Kozich, Inc. Maintenance Facility Pay from Federal Revenue Sharing Contracts Payable 020-350 Bid awarded 8/21/75 Harvel & DeLand Sanitary Sewer Manhole (Lauderdale Contract) Pay from Atlantic National Bank HUD Grant Quotation of 8/23/75 o Underground Utility Construction Co. Sanitary Sewer Extension - Lateral 18C Pay from Atlantic National Bank Recoverable from HUD Contract dated 5/27/75 7. Russell & Axon Inv. ~4 6858-4A-II & CPS South Central Regional Lift ~ations and Force Mains Pay from Utility General Fund Refundable from future bond issues 75% EPA Reimbursable Authorization dated 11/71 Russell & Axon Inv. #9 6858-21-II&CPS Preparation of Construction Plans and Specs for Expansion of existing transmission & distribution Pay from Utility General Fund Recoverable from future bond issue Authorization dated 1/20/75 9. Russell & Axon Inv. ~18 6858-4-III&CP Upgrading existing Wastewater Treatment Facilities Pay from Atlantic National Bank 1974 Issue Authorization dated 11/20/73 10. Allied Chlorine mhd Chemical Products 001-300.01 $ 184.58 030-300.01 2,930.00 11. Chlorine Pay from Accounts Payable Cynthia Lewis Assistant cook for Sr. Citizens Club - 3 weeks Pay from Federal Revenue Sharing Fund 020-800 Ordinance No. 73-15 passed 5/15/73 19 - 1,182.80 15,166.00 1,400.00 3,742.74 28,170.99 2,776.70 6,458.89 3,164.58 134.40 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 Approval of Bills (Cont'd) 12. IsiahAndrews S 126.00 Driver for Sr. Citizens Club - 3 weeks Pay from FederalRevenue Sharing Fund 020-800 Ordinance No. 73-15 passed 5/15/73 13. Lauderdale Contracting Corp. 15th & Final Est. 60,055.46 Sanitary Sewer Extensions Pay from Atlantic National Bank HUD Funds 14. Palm Beach Jr. College 30.00 Tuition for 1 Officer Career Develop. mediate Class Pay from Police Education Fund 001-507. Inter- Mr. Kohl said the bills described have been approved and verified by the Department Heads inVolved, checked and approved for payment by nhe Finance Director; funds are available in their respective budgets. He therefore recommended payment of these bills. He wished to add: 15. Peabody Peterson - Periodic Est. ~16 $31,294.15 Upgrading existing wasnewaner treatment and interim wastewater facilities facility Mr. Har~9~ng moved to pay the bills, seconded by Mrs. Jackson. Mr. DeL~if the last was item in the original contract for bid and Mr. Kdhl said yes. He added this was all checked out by Russell &Axon. Motion carried 5-0. Consider Certificates of Zoning Approval: Donald J. & Walter W. Gromko; Thirsty's Corporation of Am~erica Chris Francois, 65 Spanish River Drive, identified herself as the owner of the Dolphin Liquor Store in Boynton Beach. She wished to speak in opposition to the application submitted by Thirsty's Corporation of America which was right next door, as she felt it would hurt her business. Mr. DeLong stated that both licenses applied for tonight were for beer and wine package sales only and these applications complied with local zoning Ordinances for the sale of alcoholic beverages (beer and wine package sales only). Discussion ensued regarding the question of distance and since no liquor was involved, the applicants were said to be in order. Mr. DeLong moved to grant the Certificates of Zoning Approval requested (for consumption of beer and wine off the premises). It was noted that Ms. Francois has been in business for ten years and after some further comment: Mrs. Jackson seconded the motion. Motion carried 5-0. RECESS At 11:28 P.M., Mayor Roberts called a recess, postponing the remainder of the meeting until Wednesday evening, October 22, an 5:00 P.M. 1975 - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 21, 1975 ATTEST: CITY OF BOYNTON BEACH, FLORIDA g v ~g~6~ilmember ~ ~ ~~City Clerk - 21 - MINUTES OF THE PL~N!N~ & ZONING BOARD ~ETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, OCTOBER 6, 1975 AT 7:30 P. M. PRESE_~ Joseph T. Kelly, Chairman Walter M. Trauger, Vice Chman. .WLrso Vicki Castello ~s. Marilyn Huckle Enrico Rossi Simon Ryder ABSENT 0tis Walker Warren Bushnell, Acting Bldg. Official James Smoot, Planning Consultant Chairman Kelly called the meeting to order at 7:32 P. M. and welcomed everyone present to the Special Meeting of the Plan- ning & Zoning Board. Chairman Kelly announced they would defer the first two items on the agenda, P~ading and Approving of Minutes and Old Business, until the Board's next regular meeting on October 14. He in- formed the audience that this meeting would be devoted strictly to the three items on the agenda listed under the Public Hear- ing, as follows: 1. Easement Abandonment M~. Louis Gonzalez Four Seasons ~nor Rest Home 1704 N. E. 4th Street East 6 ft., Lots 1, 2 & 3, Boyntonb0rough 2. Revisions, corrections and additions, Official Zoning Regnlations 3. Revisions to Official Zoning Map, Laurel Hills, etc. R-1AA to R-lA He added that he would that he has the public the Boynton BeachNews like to put into the record thetfact notice of this meeting as published in Journal on September 18 and 25, 1975. Consideration of application of abandonment of an easement, more particularly described as: The East 6 feet of Lots 1, 2 and 3, Boyntonborough, Recorded in Plat Book 25, Page 174, Palm Beach County Records Requested by - Louis Gonzalez The members discussed the location and Chairman Melly ascer- tained that the members had copies from the City Departments and utility companies expressing no opposition to the grant- ing of this easement. MIh~TES PLANNING & ZONING BOARD PAGE ~¥0 OCTOBER 6, 1975 ¥~. Louis Gonzalez appeared before the Board s~ud informed the members that he pla~ued to build a resident home for elderly people and it would be built similar to a motel. The function will be to give them a good home, nice place to live and good meals at the lowest possible price. Chairman Kelly clarified that the application presented tonigh~ was just to abandon the easement. Col. Trauger questioned the size of the build- ing and Mr. Gonzalez informed him that it would be 29,000 sq. feet and would run over the existing easement and is on two acres of land. It will be a "U" shaped building and will be very well landscaped and decorated. Chairman Kelly asked how many people could be accommodated and Mr~ Gonz~lez replied: 64 people. Chairman Kelly stated he just wanted the Bo~ members familiarized with the project and if this is aban- doned, the project will proceed~ F~. Ryder stated he thought it would be helpful to have a picture of the entire site and they could then see there was no need for the easement. Chairman Kelly stated that since it was an easement of record, 'it must be abandoned. ~. Ryder pointed out that a picture of the entire site would show how the abandonment would go right through it and how he could not build without the abandonment. Mr. Gonzalez informed the Board that these three lots were part of the two acres° ~. Ryder stated the application did not make it apparent that~they were talking about a larger site. ~o Rossi referred to Lot I and how two 6 ft. easements were shown, one along the east and one along the south. He asked if the abandonment was for both the south and east and ~. Gonzalez replied that he was only requesting that the easement running from north to south be removed~ ~o Rossi questioned if the intent for which he desired to use this land made it necessary to abandon the easement for the full lengthand ~. Gonzalez replied that it was necessary to abandon the entire easement across the front because of the building. F~. Smoot asked if there was the possibility of a 12 ft. ease- ~ment being here, with there being a remaining 6 ft. easement? M~. Gonzalez replied: no~ not on that side. M~. Rossi asked · what was abutting Lots 1,2 and 3 to the east and Mr. Bushnell informed him that it was unplatted land. ~. Rossi stated that with the east line of Lots 1, 2 and 3 being the limits of the plat, there was the possibility that a remaining 6 ft. easement could be on the land to the east. M~. ~Smoot agreed and added unless they looked at the other lots and deeds, they wouldn,t know if there was an additional easement. ~. Gonzalez stated he was positive there was not an easemen~ and had the entire lot surveyed by a licensed engineer and the only easement showing was the one on the front three lots. Mr. Rossi asked if a sur~ey had been submitted with the appli- cation and ~. Bushnell informed him that he did not receive MINUTES PLANNING & ZONING BOARD PAGE THRMM OCTOBER 6, 1975 a survey, only a copy of the portion of the plat. Mr. Gon- zalez informed the Board that he had a copy of the survey in his car and sent a friend to get it. While waiting for the man to return, Chairman Kelly apologized for not having introduced the members of the Board and did so at this time. He also introduced M~. James Smoot, _~ofessional planner hired by the City to help this Board; Mr. Warren Bushnell, Acting Building Official~ and ~s. Kruse, Recording Secretary. Mr. Rossi stated it was still not clear to him from the way it was described what Mr. Gonzalez was requesting, He re- ferred to correspondence from M~. Tom Clark~ City Engineer, referring to the east 6 ft. of Lots 1,2, and 3. He pointed out that the east 6 ft. would be going all the way down to the south property line of Lot 1 and this leaves a 6 x 6 ft. little square in this area unanswered. The members discovered that their individual drawings had differen~~ shaded areas. M~. Rossi continued that ME. Clark possibly was not aware of the fact of this running to the south limit of Lot 1. Mr~ Gonzalez informed the Board that he did not have a copy of the survey, but had left all the copies with the Hotel & Restaurant Commission. ~. Ryder stated he would be in favor of approval contingent on subsequent presentation of the structure to be built. He added there was a possibility ~. Gonzalez wouldn't go through with this. Mr. Smoot informed him that abandoning an easement did not matter whether the person built, but whether the City needed the easement. M~. Ryder stated that apparently there was a reason why the easement was not required, but if they don't build, what would be the harm of leaving it? M~. Smoot stated he believed the City Departments had looked at this and he couldn't see why it should be tied to whether the individual can build or cannot build. If the easement is not needed, get rid of it. At this time, Chairman Kelly read the letters from the utility companies. M~r. Ryder stated that he felt there should still be the condition that building will follow granting of the easement. ~. Gonzalez informed him that he could not get a buildingpermit as long as the easement is there. He is in- vesting money to build this building. Mr. Rossi agreed that it would be rather pointless to abandon the easement, unless he wanted to use it. The ~utility companies have replied that they have no need of it. In platting, easements are put in, but not always needed. He doesn't thi~k seeing a building site plan should be contingent on this. MINUTES PLA~NING & ZONING BOARD PAGE FOUR OCTOBER 6 , 1975 Mrs. Huckle referred again to whether this included the 6 ft. southerly easement° Mr. Smoot clarified that the intent was not to abandon that easement to the south. The easement to be abandoned is that which proceeds north from that 6 ft. What they are considering is less that 6 ft. ~. Gonzalez agreed that the line was supposed to go just to the 6 ft. Col. Trauger made a motion to recommend to the City Council the abandonment of the East 6 ft. of Lots 1, 2 and 3, Boynton- borough, Recorded in Plat Book 25, Page 174, Palm Beach County Records, as requested by ~. Louis Gonzalez, withtthe exception of the southerly 6 ft. on the south boundary of Lot 1. M~s. Huckle seconded the motion. Motion carried 5-1, with ~. Ryder voting against stating he felt the evidence presented did not indicate the need. Chairman Kelly announced in order to make this~rictly legal and in view of the fact that this is a public hearing, he had overlooked asking for comments from the audience. He then asked if anyone was present in favor of granting this abandonment s~d received no response. He asked if anyone present opposed and received no response. In hearing no reply, he stated the vote stands at 5-t to recommend to City Council the granting of this easement. Chairman Kelly announced they would proceed with Item 2, Revi- sions, Corrections and Additions to the Official Zoning Regu- lations. He explained the reasons for these revisions, cor- rections and additions and then read the public notice cover- ing Pages 7 thru 47. Mro Smoot referred to Paragraph (3) listed under Page 47, Section 1t-L. He asked if the landscape code had criteria regarding where landscaping must occur. He suggested possi- bly stating the landscaping must be between the pavement and the first pmmp island or adjacent to public right-of-ways and pointed out reasons for this suggestion. He stated that they were referring to landscaping and shonld control it. Mr. Bushnell informed the Board that the C.A.B. demanded 10% of the lot area to be landscaping. The inconsistency of the C.A.B. requirements a~d this ordinance was discussed. Mrs. HucY~e made a motion to amend Paragraph (3) of Page 47, Section 11-L to read: "At least ten percent (I~) of the gross plot area shall consist of landscaping equipped with adequate sprinkler systems, of which at least five percent (5%) shall be adjacent to the public right-of-way. All land- scaping shall be maintained in a healthy growing condition." Col. Tranger seconded the motion. Motion carried 6-0. ~I NU T~ PLA~ING & ZONING B0~°~D PAGE F_~E OCTOBER 6 , 1975 Col. Trauger made a motion to recommend to City Council the adoption of all changes listed to correct and/or revise por- tions of Ordinance No. 75-19 passed by the City Council on June 3, 1975, Page 7 thru Page 47 as published in the public notice on September 18 and 25, 1975, in the Boynton Beach News Journal for public hearing on October 6, 1975, as amended by the previous motion. Mx. Ryder seconded the motion. Motion carried 6~Oo Chairma~ Kelly read the public notice regarding consideration of revisions to the Official Zoning Map to chauge the zoning to R-lA from R-1AA in the following areas: Laurel Hills, 4th Add'n, Lots 208 thru 220 incl. Recorded in Plat Book 23, Page 142, Palm Beach County Records Laurel Hills, 5th Add'n, Lots 221 thru 283, incl. Lots 287 thru 340, Incl. Lots 343 thru 352, Incl. Recorded in Plat Book23, Page 183, PaLm Beach County Records Glen Arbor - The Entire Subdivision Recorded in Plat Book 25, Page Palm Beach County Records 121 Glen Arbor, Add'n 1 - The Entire Subdivision Recorded in Plat Book 25, Page t82 Palm Beach County Records Glen Arbor, Add,n 2 - The Entire Subdivision Recorded in Plat Book 26, Palm Beach County Records Page 103 Gordon Park S/D - The Entire Subdivision Recorded in Plat Book 26, Palm Beach County Records Page 122 Lots 13, 14, 15, 16 & 19, Ac. Sec. 20/29, Twp. Range 43 East Recorded in Plat Book 7, Page 20 Palm Beach County Records 45 S., Chairman Kelly informed the audience that the Board was trying to re-establish the side boundary lines and the size of the lots before this Ordinance 75-19 was established. Mr. Bushnell continued that in the issuance of permits, they found under the new zoning, the above areas had gone from R-t to R-1AA. He explained how this zoning affected the lots in these areas and how jumping two classifications had also made e×isting lots non-conforming. He explained that by returning to the R-lA MI~-~TES ~LANNING & ZONlq~G BOARD PAGE SIX OCTOBER 6, 1975 classification, they would be able to issue building permits for additions, etc. it would also give the contractor and individual owner of vacant lots the right to use the land at the same width he intended when he ourchased the land. He also explained how it would give relief to owners from appear- ing before the Board of Adjustment for varismces. Mr. Tom Coffey stated his name and his address as 326 Glen Arbor Terrace. He informed the Board that he presently has a home on a 60 ft. lot and a carport with a 7~ ft. side set- back. He asked if he would be allowed to enclose the carport and Mr. Bushnell informed him that they could not issue a permit on a non-conformity. M~. Coffey continued that he had previously talked to ~. Bushnell and appreciated all the help he gave him. He has talked to people in the neighborhood and has petitions to present to the City. The people signing the petitions would like to keep the areas zoned R-I~_~. He did advise these people that their homes may be non-con£orming and they could not make ~dditions, etc. He did not try to mis- lead any of the people. The majority of people he talked to, 98%, were glad the Planning & Zoning Board had gone to a higher zoning. Everyone was pleased about this. He just ~ecently bought a house s~ound the corner smd felt the value would be increased. Mr. Smoot stated he didn't think the people realized the diffi- culties they would have with non-conforming structures. He explained that at present there was no procedure in the zoning code for solution through the Board of Adjustment. He stated that this was brought to the attention of the Planning & Zoning Board and they considered how many lots were non-conforming and to what extent the subdivisions were occuoied. He ex- plained how they arrived at solving these pro~lems. He also pointed out that the percentage of built-on lots was consid- ered. He also outlined how the Board of Adjustment could be restricted in what they could do. He added that if there was a high amount of applications for variances from a certain area, the Board of Adjustment would come back to this Board and request a change. '~M. Coffey continued that many o~ the people present tonight have larger homes, but the adjoining lots are vacant. Builders are putting in ~eroxed copied houses and downgrading the area. The houses are all identical and are not an asset to the com- munity. They do not want a downgraded affect in their area. ~. Bushnell read the requirements for the R-lA zone from the code. He pointed out that the house area requirement was not small and was comparable to what was in the area. ~;~NUTES PI~3YNING & ZONING BO~_RD P~IGE SEVEN OCTOBER 6, 1975 Mr. Raymond Titman stated his name and his address as 1115 N. W. 8th Street. He referred to the 1,500 sq. ft. versus 1,250 sq. ft. and questioned if this was minimum or maximum and ~. Bushnell informed him that it was minimum. He added that the width of the lot had nothing to do with the house, but the lot must be 75 ft. There are no 75 ft. lots in the area. ~. Titman continued that the lots were platted ~t 50 ft. and half of 150 ft. is 75 ft. ~. Bushnell informed him that since 1962, the owners and builders have re-assigned the lots to 60 fro to meet the zoning. Now they are to the point of having houses on 60 ft. lots and vacant 60 ft. lots. Mr. ~Titman stated he appreciated the worry about the vacant lots, but they should worry about the people living there. !~. Bushnell outlined the differences between the R-~ and ~IAA zones. Mr. Titman asked if the Board was aware of the homes being built in the area? They are on 60 ft. lots and are exact copies right down the line. There should be some- thing possible to protect this area from being over-run with xeroxed copied houses and the only way to do it ~ould be to make it R-I~. ~. Bushnsll informed him that the owner of every Vacant lot could come before the Board of Ad~ust~nt and still build ~eroxed copied houses. ~. Titman stated that two builders were building now and didn't care about the people living there. }~. Bushnell stated that they could not change this, as it is not a function of the Planning & ~oning Board to dictate aesthetics nor a function of the Building Department. M~. Titman re~!ied that he thought the difference between 75 ft. and 60-ft. would do that. M~. Bushnell questioned whether it was economically feasi- ble to build larger homes in an area of smaller homes? He believes the die is cast. M~. Titman stated they were try- ing to protect what they have. Perhaps zoning ms wror~ and possibly it should be a 75 ft. lot with a 1,250 sq. ft. house. ~. Smoot replied that unfortunately they were not sts~ting with a new area and the lots were all platted. Mr. Titman informed him that the builders started jamming in the houses just in the last year. Mr. Bushnell advised him that they were being built according to 60 ft. lots and to the previous zoning. I~. Coffey appeared before the Board again and asked how much confusion there would be to repl~t the lots? The majority of the vacant lots seem to be under one real estate or one builder. He is opposed to a person having five lots and building five homes. He is not opposed to the m~n with only one lot. Do ~ou have any idea of how many of these lots are under co~mon ownership? P~. Bushnell replied that he did not know, but this could be ascertained from the City Clerk's office. Coffey continued that the people did not want a housing pro- ject adjacent to their homes. I~. Smoot explained how a man MINUTES PLANNinG & ZONING BOARD PAGE EIGHT OCTOBER 6, 1975 owning several lots could get around this. He also explained how he planned to include in a new draft how contiguous sub- standard lots could not be used for two homes. Chairman Kelly added that some information was left out of the regula- tions, but would be taken care of. Mr. Coffey continued that he had several different petitions to present. He approached 192 people in the three areas. He read the petition requesting that R-l~l be retained. He added that some people had just noted their opposition on the notices sent to them by the City. Ma. Bushnell asked if the names appearing on the petition were those directly affected by the changes in the zoning or those within the 400 ft. area? Mr. Coffey reotied that they were not all the people affected, but the neighborhood in general will be affected. He was glad it was changed to the higher zoning. He was glad this area was considered. The people he has talked to agree. M~s. Huckle read the requirements for the R-1 and R-tA zones and questioned if this didn't satisfy the need of the neighbors? She pointed out that thisone increment was quite an improve- ment and they were not trying to go back to R-1. She added that the neighborhood was 50% developed and a member of the audience disagreed. She then read the charts regarding the lots developed in the areas and added that Glen Arbor was almost fully developed. Mm. Coffey agreed. P~S. Huckle then asked where the tract houses were located and M~r. Coffey re- plied they were not in his area, but he still thinks the values of their homes will be affected by it. Mrs Huc~le pointed out that h~ ~ ' c_ang~ng it to R-lA was giving a raise and ~r. Coffey replied they were still ts3_i~ng back the R-1~% after granting it for a couple months. Mrs. Huckle stated that they must consider that almost 100% of the lots are buil g on and it would still be an improvement to the neighborhood. ~. Coffey replied that his street was an exception to the whole a~ea~ His street has lots with 56 ft., 60 ft., etc. and the homes 8~e too close together. He thi~/~s it would be better housing on 75 fto lots and does not think this change would be too much. He thinks the person with one 60 ft. lot should be given a variance. The people petitioned do not want one block of small houses built on common ownership lots. He also third~us one individual with a 60 ft. lot could get appro- Val from the neighbors. However, from what he has seen, the lots are not individual lots. They seem to be adjoining lots which are vacant. It is not a question of one person owning one lot. It is a question of a block-long area. He is not speaking for himself, but for the neighbors he has talked to. Coi. Trauger questioned the exact area and ~. Coffey informed him that the Vacant lots were in Laurel Hills on N. W° 7th and 8th Streets. Mr. Rossi referred to the lisl of t~~eseb streets and pointed out that no more than two lots were listed for one Owner. MI~TE_.S PLA~NING & ZONI/~G BOARD PAGE NI~ OCTOBER 6, t975 Me. Eichorst stated his name and his address as 815 N. W. 6th Avenue, Laurel Hills. He informed the Board that there is a builder in three or four different areas, who has built on five to eight lots. He is building small homes close together. These homes run together and are crowded together snd have not sold. They have been setting there for over a year. His home is on a 60 ft. lot and when he walks but his door, he is on the property next door. He has 6 ft. on one side and 5 ft. is an easement. He can't do anything with his property. Mr. Bushnell asked if the easement existed when he purchased the lot and Mr. Eiaborst replied: yes, but he believes it was the neglect of the Building Department To allow this to hap- pen. Nobody can add to their home there. There are no 60 ft. lots, only 50 ft. lots. Ms. Bushnell informed him that the ownership was in 60 ft. increments or they could not build on it. 60 ft. was requi~ed under the old zoning. Mr. Eiehors~ continued that if they have 50 ft. lots, they must acquire an additional lot, so why not go to 100 ft.? In talkir~ about owners of Vacant lots, they cannot get their streets paved because the owners of the vacant lots will not allow it. ~s. Huckle replied that this was out of the Board,s jurisdiction. Mr. Eichc~st continued that~they live there and must get the dust. F~o Rossi pointed out that the new R-~A zone required 7~ ft o~ ~--,~ ~- cities. This ~z ~ ~ +~ -.-~ .... u~n~.a~m other siderabie d~]~ ~' ~'~ X'~e present 5 ft. w'ouldj~e a con- .... ~ence. ~r.~ch~t continued that ~f a con- tractor bought six 50 ft. lots, he thought it would be much better to have four homes on 75 ft~ lots. He is sure every- one present tonight agrees because of this builder building in this manner. The homes were built I½ years ago on 50 ft. lots and are just setting, not being sold. M~s. Huc~kle pointed out that if he wanted to make an improvement on his house and they went ahead with the R-li& zoning, he would noI be able to do it, ~- Eichorstexplained how he had thought about putting in a swimming pool, but just does not have the room on a 60 ft. lot. Mr. Smoot pointed out that he bought his home with the existing lot size and setbacks. He con- tinued with agreeing with ~. Rossi that 7½ ft. was a suffi- cient side setback and exDlained how it was hard to tell when driving through a subdivision. ~. Bushnell added that even though there were 50 ft. ~ots, there could be many ov~ers. ~.Eichorst stated that the builder would not buy unless he could get 5 or 6 lots. With ?5 ft. lots, it would be much better and less crowded. ~.~s. Huckle asked if it was pre- ferable to him and the others to have the neighborhood zoned R-1A~ and not be conforming on their own properties? ~. Eichozstreplied that he could not build anyway. F~s. Huckle stated that there might be the possibility that he may want to make a change and he also must consider the problem of selling a non-conforming house. In the total picture of neighborhood, they must look at the broader aspect. He must MINUTES PLAh~ING & ZONING BOARD PAGE TEN OCTOBER 6, 1975 consider what it may do to existing people and their wanting to ex_o=%ud. They have had appeals from people with homes and not being able to do anything. She explained further and stated that this was the only reason the Board was re-hashing this. ~.Eiehcmst continued that they were worried about this builder, because not only do the homes look alike but the quality is poor and he is renting them and not selling them. ~. Rossi remarked that it would seem the only time to be con- cerned would be with six 50 ft. lots adjoining. If there are 300 ft. strips or longer, this can be done, but otherwise they are talking about something that does not exist. Mr. Bushnell stated that there has been much reference made to contractors, The Building Department has only received one request for a change in zo~iug and it was not from this builder. There has been no pressUre applied by this builder or any other. ¥~. Harold Werger stated his name and his address as 719 N. W. 7th Court, Laurel Hills. He referred to the petition stating that about o ~ ~0% of all the home owners were against the lowering of the zoning. All these people live in the arsa. They all are against the proposed zoning, as they are interested in improving their neighborhood. He would like the Board to go on record to upgrade the zoning in the re- mainder cf Laurel Hills to R-~AA. They want to upgrade their property values. If the Zoning Board did this previously, they would have another Chapel Hill in their area° All the other community zoning boards upgrade zoning. He is s'ure this Board is for upgrading the zoning like they want to do. They all want the Board to abide by this overwhelming major- ity and consider upgrading the remainder of Laurel Hills to make it a better place in which to live. Most of the lots left are double lots. There are a few tracts. He owns quite a bit of land, but will not sell to a builder. His house is 3,000 sq. ft. He has talked to all these people and took the · petition around. The people want to make it a better place. He does not think most of the homes are non-conforming. ~s. Huckle read the R-~ reeuirements and questioned if the existing homes would be ~on-conforming and ~. '~erger replied that he thought they would be conforming, as there are long lots in Laurel Hills. ~s. Castello questioned if they con- formed to the frontage and Mr. Werger replied that the whole area was 50 ft. lots, but this was an error to begin with to the present day standards. There have been some variances granted to build on 50 ft. lots. There have been mistakes in this too and people who have gotten variances have sold the variances to a builder. He would like to see this corrected. Right now, some of the homes are on 75 and 100 ft. lots. Most of the people buying a 50 ft. lot bought at least one-half additional lot. ~s. Huckle referred to the survey and asked if most were being used as 100 ft. lots and ~r. Werger replied that there were quite a few Vacant double lots. Some built-on ones are 75 ft. It was a general thing to MIh~UTES PLA~!NG & ZONING BOARD PAGE ELEVEN OCTOBER 6 , 1975 buy 15 lots. I~s. Huckle cuestioned if he meant there were not any 60 ft. lots, as shown on the statistics and Fir. Werger replied: no, they were either 50 ft. or more. Mr. Smoot clarified that M~. Werger was referring to the owner- ship pattern and the Board was considering the platted pat- tern. He also referred to Mr. Werger,s mention of variances being sold and informed him that it was a matter of law that the variance runs with the land and the City could do nothing. M~o Werger informed him that he attended this Board of Adjust- ment meeting and the applicant stated he was going to build a house on the lot for his daughter and he turned around and sold it to a builder. Mx. Smoot replied that it did not matter and his only recourse was litigation. Mx. Werger re- plied that sometimes all the facts ~ere not presented to the Board of Adjustment and it was costly to go to court. Mr. Smoot informed him that they were aware of this and a draft will be included to cover the Board of Adjustment in the regu- lations. They discussed the regulation of the Board of Ad- justment further. ~. Rossi referred back to'the breakdown stating~there were 338 lots in Laurel Hills and asked if these were platted 50 ft. lots? Mr. Smoot stated that they must consider whether they have 50 ft plus additional f ~ u ' ' OO~age. The people in the a dmence are referring to the ownershio in this area. He explained the d' ~ - ~fzerence and suggested that they possibly consult the assessor,s plats available and the aerial photo- graphs. Mr. Rossi remarked that much to his surprise it looked like there were a lot of peoole desiring to keep it R-~A~. It seems to him that apparently the people present constitute quite a number of owners. M~s. Huc~J_e added that she didn,t think it was surprising!now that they knew the existing homes were on lots 75 ft. Or larger, but their in- formation did not show this. Mr. Smoot added that the un- Usual thing was that this Board did not originate the pro- blem. He was hired as a consultant because of the problem of non-conforming lots and the people demanding a change and evidently that is not true. It has now been brought to their attention that about 9~ are against it. Chairman Kelly asked for a show of hands in favor of changing the zoning from R-IAA to R-IA and only one woman raised~her hand. In reply to Chairman Kelly, the remaining people pre- sent raised their hands in favor of retaining R-1AA. He also referred to the petitions supporting this. Mr. Werger asked if the Board would consider the question of changing the zoning of the other Dart of Laurel Hills and ~. Smoot informed him this was n~t part of this public hear- ing. He explained that the Board proposed what they believed to be an answer to what was reported to be a problem. If MIh~TES PL~iNG & ZONi~G BO~MD PAGE ~JEL~YE OCTOBER 6, 1975 they find the ownership patterns show 75 fro or larger lots, obviously a non-conforming problem does not exist. However, if the research indicates this is not true, then the issue would still be open. ~. Werger stated that the o~nership pattern was by far the majority shown on the petitmon. 80% of the signatures are in the disputed area. He asked if he could get signatures from the other half of Laurel Hills to upgrade the zoning,would it be possible? Mr. Bushnell re- plied that the Board considers~the public needs and ~s. Huckle added that she thought they could t~k~ it under con- sideration, but after this action. ¥~. Ryder referred to the problem of non-conforming lots and questioned if the people understood. ~s. Huckte stated that the people informed them that thism,,~as not true. Chairman Kelly asked if they wanted to pursue the ownership records. Mr. Smoot replied that he thought they should consult the withrecords the and people photos of in this order area. to be able to talk intelligently Mrs. Dougherty stated her name and her address as 506 N. W. 8th Co~rt. She informed the Board that she signed the peti- tion, but misunderstood it. She has a 60 ft. lot and if the zoning re~ins R-1A~., she would not be able to add onto the house. Chairman Kelly replied that this was the picture the beenB°a~dtoldreceiVedotherwise.°f the majority of this area, but have now Mr. Rossi asked the oeople to raise their hands whose homes would be non-conforming in R-1AA and the majority raised their hands. ~s. Huckle referred to Mr. Werger's statemen~ that they would not be non-conforming. Mr. Coffey appeared before the Board sgaino He informed the Board that in Glen Arbor and Gordon Park, it was orobably 96F~ developed. He did not realize these areas could Se petitioned separately. They only did this to protect the people in the other areas. He owns a house which he cannot add to. He was 'doing this to protect the people in the area with 75 ft. lots. .He doesn,t think the people in Glen Arbor and Gordon Park would mind their lots being R-lA.. He thought the whole th~ng' had to be petitioned. Chairman Kelly asked how m~ny people oresent from Laurel Hills Owned lots which would be non-conforming if left in R-~AA and the majority raised their hands. ~'~. Smoot read Paragraph 2 regarding amendments to the code regarding non-conformities. He explained how they would not be able to make any structural alterations inside or ontside and gave examples. He pointed out that a non-conforming building was a very serious item. MINUTES PLAY, lING & ZON~,~G BOARD PAGE THIRTEEN OCTOBER 6, 1975 Mrs. Denhotm stated her name and her address as 1010 N. W. ?th Court. She informed the Board that she moved to 7th Ct. two years ago because they did no~ want to stay in Leisure- ville with homes on top of each other° They moved there and there were no other homes, no lights and no roads. They have fought for roads, but they still have not been black topped. They passed out a petition to the owners on 7th Ct. and all the people owning lots did not live in the City and did not answer the petition and they did not get a road. The lot next door to her was supposedly owned by peole want- ing to build a home to retire in~ but instead the lots were sold to a builder and homes are being built by this builder all around. He took down the trees. Her lot goes out to sand and they have two strips of cement. This neighborhood is being spoiled for the people. They moved there because they liked a little space. Mr. Smoot replied that if fur- ther study indicates this is true, he does not think he could possibly recommend this as a solution to the problem. They must have the opportunity to investigate this aspect. Chairman Kelly questioned whether they could adjourn or recess a public hearing and M~. Smoot advised him that it could be recessed and explained. Chairman Kelly continued that it seemed to hLm that they have heard from these people and they have an indication of how they feel. Evidently from wor}uing from their information, they have been in error. It appears they desire it to be R-]~D_ and they are knowledgable t~t it would be in a non-conforming position. It seems to him that they should recess this meeting to a date when this research could be accomplished. He asked if this could be accomplished by October ]4 and ~. Smoot replied ~hat he would do it tomor- ro~o - N~. L. T. Brownlee stated his name and his address as 901 N. W. 8th Avenue. He stated he disagreed with the gentleman stating he could not tell the difference between the 6 and ?~ ft. side setback. He realizes the Board is in quite a position here, but he is wondering instead of talking about -going to one or th~ other, why not re-write the zoning laws? He explained how this would benefit the Deople living in -this area. Chairman Nelly asked ~or clarification and ~. Smoot explained that he presumed ne meant they should create another single family zoning for the people living in one group of lots to give them what they now own. ~. Brownlee agreed and added that they all make mistakes, but why con- tinue them? He continued that in considering this, most people want R-]AA, but are worried about the non-conformity. He lives on a 60 ft. lot, but doesn't want to do anything with it. He asked if s~ythi~g was going to happen to him and Mr. Bushnell replied: no. M~s. Huck~e added that it may be a problem if he wanted to sell it. MI~UJTES PLANNING & ZONING BOARD PAGE FOURTEEN OCTOBER 6, 1975 M~. A. B. Jensen stated his name and his address as 703 N. W. 7th Court. He referred to ~&r. Brownlee,s statement and ques- tioned why they solit Laurel Hills and out the other two sec- tions with it? W~y Can't Glen Arbor be-separate? Chairman Kelly informed him that by checking into the ownership pat- tern and recessing this meeting, they should be able to come to a decision. Mr. Jensen added that this was really Just affecting the People in Laurel Hills and not the people in Glen Arbor. - Mr. Coffey appeared before the Board again and stated he was in complete agreement with Mr. Jenseno Glen Arbor ~ud Gordon Park do not conform. It would be completely permissable for these two areas to remain R-IA, but the other areas which are mostly undeveloped would like R-1AAo it could be divided. Chairman Kelly informed him that ~. Smoot would have the ownership pattern prepared for next Tuesday and possibly it will agree with this suggestion. ~-~. Eichc~st appeared before the Board again and informed them that he ~','as non-conforming with the side setback whether in R-IA or R-I.~A zone. Mrs. Castello questioned his frontage and he informed her that it was 60 ft. Chairm~u Kelly in- formed him that the ownership question Was what they wanted to resolve. To make a visit ~nd check every lot would take months. The people oresent seem to' agree that it is a sensi- ble approach to make a research. Vie will re-convene this meeting on October 14. A member of the audience asked for clarification of checking the ownership and Mr. Smoot informed him that he would use the County Assessor,s sheet which indicatesownership and mot lots and he explained. Chairman Kelly consuXted the Board members whether to contin- ue the public hearing on October ]4 at 7:30 or 8:00 P. M. After discussion, he announced that this public hearing would . be continued at 8:00 P. M. on October 14. Col. Trauger made a motion to recess this ubl~ · til 8:00 ~. M. on =~-~ ....... ~ P -c hearing un- ,. - . ~u~y, ~c~ooer 14 Ior the the o~nersh!p oattern re~ard~ ,~ ~ '~ - - resolvement of Glen Arbor and Gordon Park as listed in the legalnnotice pub- - ~ ..... o ~ ~ocs ~n Laurel Hills, .]9?5. F~s. Huckle seconded the motion. Motion carried M~. Smoot then explained how he intended to tak the assesso , sheets and ownersh~o Knee*= o~ --~ ~ e r s added that he tnnu~h~ ~+ -~ ..... yS_S. M~. Rossm oictu~ ~.~ ~--o .... ~ou~ De lmoortant to ~et ~ ~- ~ o~uu~ agreem and re~l~ed that h~ ...... ~-~ y _~ ~-~s. ~. - - ...... ,~uu~u get these. Col. Trauger MYNUTES PLA~YNG & ZONYNG BOARD PAGE F L~TEE~ OCTOBER 6, 1975 added that he thought it would assist the Board to also have the aerial photos. He referred to the peoples' statements of block, s being acquired by builders. ~. Smoot agreed and added that he also asked Mr. Bushnell to have the official tax roles so they could check the petitioners. The members discussed the information given them that people had been denied permits to make additions being non-conform- ing now. They further discussed how there was no way to keep a builder from building houses all the same. They also dis- CUSsed low ~ost housing and cases in various cities. Col. Trauger made a motion to adjourn, seconded by Mrs. Castello. Motion carried 6-0 and the meeting was properly adjourned at tO:30 P. M. ~r. Chairman, members of City Council, Ladies- and Gentlemen: Attachment - 10/21/Y5 Council minu~es Experience has taught that the most effective method used to aliminate a hazardous problem is to avoid creating such problems. This ~i~ Council now has the opportunity to do just that. Due-to the confusion that has been ~in the'm/nds Of the of Chape WMission~ and the Forest ~ areas of our attributable in a large measure to misleading information, not circulated mn the areas, but also appearing in the public press causes it to becOme imperative for this City Council to act dispatch in a definitive manner, in a sincere effort to overcome ~s! pending predicament and to provide the necessary relief for the of the before mentioned areas by the establisbnnent of an ~'cess Southwest 23rd Avenue "via" Southwest 6th Street eliminating the of the ramp in the original location as planned by D.O.T. After an over-all study of this situation~ including many on visits, common sense guided by good judgment convinces me if ramp is permitted to be constructed, in due time this entire out- placid area of single family homes will become debased. -I do not believe this is the time to think in terms of cost but a determined united effort to eliminate this potential death · n order to protect the lives and limbs of all people who will use ~venue. 'The study I have conducted of this situation and the conclusion ~ have arrived at was also based upon a projection of the future, Considering what the flow of traffic will be When the present vacant located east of So~thwest~6th Street and south of Southwest 23rd Avenue is eventually developed° advisable for the City to request D.O.T. believe it ramp. There is no dotf~t will sit down in good on of all ~oncerned. to eliminate in ~y mind if the City Council faith this problem will be resolved to the Th~nk you for your kind indulgence. ~.-~City of Boynton~ch, ~torida