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Minutes 11-23-71MINUTES OF SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BEACH, PLORIDA, TUESDAY, NOVEMBER 25, 1971 AT 7:50 P. M. BOYNTON PRESENT: Forrest L. Wallace, Mayor Robert B. Effron, Vice Mayor Mrs. Emily Jackson, Councilwoman John L. Archie, Councilman Harold L. Btanchette, Councilman C. Q. Jones, Jr., City Manager Mrs. Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Wallace called the Special Meeting to order at 7:50 P. M. ELECTION RETURNS Mrs. Helen B~ull: Clerk of the North Precinct and Mrs. Jan Wertz~ Clerk of the South P~ecinct~ each submitted their respective reports and the City Clerk read thru to~al count as per attached. Mr. Archie moved to accept the election report: seconded by Mr. Effron. Motion carried -0. Mrs. Jackson abstained. P~BLIC HEARING Placing Height.. Limitations. ,, on Buildings Those in favor of the Ordinance were asked to come forward first. Thomas Canavan, Sterling Village, asked if an Ordinance was passed in regard to specified height of buildings within the City? Mayor Wallace stated that a Resolution was passed, but not an Ordinance. Mr. Archie asked Mr. Canavan if he is in favor of the Ordinance? He stated that he is. Joseph M. Fitzgerald, Attorney for the project presented to the Building Department known as St. Marks Towers, Inc., stated that since last Dec- ember this project has been in progress with the various City depa~t- merits. This project would exceed the limitation that is now being pro- posed. Edwin Tucker stated that during the month of December, 1970, in looking fo~ a desirable site for a home for senior citizens, this property was come upon, it is owned by the Archdiocese and properly zoned for the in- tended use. After having studied the requirements of the City, and our ~n needs it was decided the proper place for this development. He fur~ ther stated that approval was given for a loan from Federal Housing Ad- ministration. Last week ~he builder: the Attorney and the Architect appea~ed before the Building Dept. and submitted an application for a building permit; at that time were told the permit could not be issued. This is a hardship. The development is desperately needed by senior citizens. The design and use could be nothing but an improvement to the area. On this basiS, we asked that Council consider this problem. -1- MINUTES SPECIAL CO~NCILMEETING NOVEMBER23, 1971 PUBLIC HEARING, eont'd. Richard C. Reily, Architect, stated that the plans of this building started back in September: and that they mt all City regulations. This building was done in good faith. Plans were submitted to the Building Department on November 9th. Mr. Effron asked abOut the density? There are 45 units per aero, but there is no density requirement. Mr. Fuller stated that there is no density requirement and no height~= limitations under present C-2 zone. Mr. Effron asked if this was a non-profit organization, and what the requirements were? The requirements to live in the building are: ~st be 62 years of age or older~ income not to exceed $5,000, or ~,000 for a couple, and be able to engage in independent living: this is not a nursing home facility. We cannot accept nursing~re patients. Mr. Archie stated that the Public Hearin~ is on an Ordinance restricting height in the City, it is not related to one building or complex. The question at this time is whether to pass the Ordinance or reject it. These projects that have been in pro~ess should be considered, but not at this Public Hearing. Mayor Wallace stated that the Public Hearing was advertised and the Coun- cil should listen to what they have to say. Mr. Fitzgerald further stated that this would be an asset to the commun- ity. The residents ~11 be very desirable people. Someone is inter- ested in giving them a home. The Archdiocese is willing to sponsor it. Consider the law and the justice of the matter rather than what you would like to do in the future~ and I believe this is the only such ap- plication pending before your Building Department before your Resolution. David McKay, Attorney for First Bank and Trust, stated the Bank is in the process of building another building: gradually will go two stories, and eventually hi~ner. He asked that commercial structures be an exception to the height limitation. Fire protection in high rises was discussed. Mr. Archie stated that the Council is not in favor of changing to allow high rise~ but attempting to stop the existing law that allows high rise. Trying to save the taxpayers~ money. Mrs. Jackson stated that these people are trying to protect their people~ just as the Council is trying to protect the people of this City. -2- MINUTES SPECIAL C~dNCIL MEETING NOVEMBER 23~ 197! PUBLIC HEARING, cont'd. Mr. Archie opposed the manner in which the Public Hearing is being held. It is to discuss the Ordinanee: not.the project of the Archdiocese. The~ people should be heard~ but not at this Public Hearing. Mr. Archie moved that the City Attorney read the Ordinance, seconded by Mrs. Jackson. Motion carried 5-0. Mr. Moore read the ordinance, No. 71-37, limiting height of buildings. ~. A~chie moved that the CTd/nance be pa~d to second reading, seconded by Mr. Blanchette. Motion carried 5-0. Establishing a Conmun%ity Appearance Committee Mr. Effron stated that at a previous Workshop meeting there was a discus- sion~ and it was decided that Council would appoint five members~ and the Board would elect two additional mom%bets. It was requested that Couneii bring in names. Mr. Effron has urged the appointment of the Comm/ttee~ primarily because we have the Site Plan Ordinance: and this is an impor- tant factor in futfi!l/ng the Site Plan Ordinance. City Attorney stated that the Council should determine what functions they want this committee to fut~ill, and what authority° Whether they will have the authority to approve or to reject an individual building permit, or serve in an advisory capacity. Some guide lines should be set up to follow. Mr. Archie would be opposed to handing over to a lay committee the final decision on beautification on a person attempting to bu~! an office or any commercial building. He feels this function should be that of the City Planner. Mr. Effron moved to establish a Community Appearance Committee, to con- sist of 5 members appointed by the Council and 2 elected by the Board~ and a resolution b~ prepared, seconded by Mrs. Jackson. Motion carried 4-1. Mr. Archie voted ~no~'. Mr. Effron appointed Thomas Murray - Mrs. Jackson appointed Norman Merke!- Mr. Blanchette appointed Norman Strnad - Mr. Wallace appointed Frances Fry - Mr. ATchie appointed William Tiersbier. Mr. Blanchette suggested getting an ordinance form from other cities as a guide. It could be reviewed and additions or deletions made: and final decision made by Council. Mro Blanohette moved to get a .guide from other Cities ~and additions and deletions made~ with Council's final decision, seconded by Mrs. Jackson. Motion carried 4-1. Mr. Archie voted ~'no~'. -3- MINUTES SPEC/AL COUNCIL MEETING NOVEMBER 23~ 1971 Paving Portions of N. E. 10th Avenue Mr. Moore read Resolution No~ 71-PP requesting The County to pave por- tions of N. E. 10th Avenue. F~rs. Jackson moved to adopt the Resolution~ seconded by Mr. Blanchette. Motion carried 5-0. Community School Program At the last meeting there were still some questions that were not set- tled. In the original agreement $4:00Owas the cost to the City for salary, with an additional $600 for supplies, equipment. This should take us through 1972. The contract can be handled administra- tively i~ Council approves it in principle. The Educational Committee recommended that the initial program be placed in the Rolling Green School, and eventually expand into other schools at a later time. Mayor Wallace asked why Rol!inq Green School was picked? Mr. Jones stated that it would give some recreation iht he northern section. Mrs. Jackson moved to allocate $4s600 from unappropriated surplus for the Community School Program~ seconded by Mr. E~fron. Discussion fol~ lowed, Motion carried 4-0. Mayor Wallace abstained. Holiday.Schedule The recommendation is that Monday~ December 27th and Friday December 31st be designated as legal holiday% in addition to the Christmas Eve holiday. Mr. Archie moved that the reconm%endation be aecepteds seconded by Mr. Blanchette~ Motion carried 5-0. Beach Beautification Mr. Fredericks made a presentation of the recommendations of the Beach Beautification Committee. One of the recommendations presented is to reverse the flow of traffic on the upper level. This would eliminate crossin~ traffic twice if wishing to come back around. Mayor Wallace brought out the fact of having Boynton Police patrol the beach~ rather than Ocean Ridge. This was discussed. It seems that Ocean Ridge police prefer to patrol the Beach. The two communities should come to a common agreement on this. Another proposal was for additional parking. A long range project would be to have parking on the north end. The Committee recommends shelters down in the picnic area~ and replace- ment of old shelters: they are in bad shape from the weather. Also lights in the picnic area~ that should he shaded so it wouldn't af- fect the apartments across the street. ~/ ~Mrs. Jackson made a motion to -4- held the first meeting of Council on the first Monday of J~nuary, seeonded by M~. EmDhle. Ca,tied 5-0. MINGTES SPECIAL COUNCIL ~ETING NOVEMBER 23~ 1971 Beach Beauti£ication, cont'd. It was recommended that the area be landscaped and hedged. Also a sprinkler system put in. There was discussion as to whether or not a sprinkler system wou!d be necessary. Mayor Wallace asked if Ocean' Ridge is going to share the cost: as the recommendations were worked out ~with them. Mr. Jones stated that when we went into this project to show our good faith in maintaining our existing beach: it was our intention to fund this project, however Ocean Ridge may be willing to donate plants and trees. These are the recommendations of the Committee presented in phases for the Council to work toward. Mr. Archie moved to accept the report as presente~ for further study~ seconded by Mr. Effron. Motion carried 5-0. Mr. Jones asked if Council would consider proceeding with portions of Phase 1 and 2, some of it could be done for $1000 or less. PS. Archie moved to proceed with Phase 1 and cost not to exceed $600, seconded by Mr. Effron. Motion carried 5-0. Mr. Effron stated that these recommendations should be presented to Ocean Ridge. Mr. Jones then stated that the Town Manager of OceanRidge has asked for a meeting with the two managers and Mayors, and a presentation o~ this type would be appropriate. It was asked that there be no advertising on the benches. The Lions Club has agreed to remove all advertising and donate the benches. Mayor Wallace stated inasmuch as the Lions made its proposal, Council should consider reimbursing them for the loss in advertising. Mr. Frederick asked that work on the south lower parking lot be approve~ The cost would be little, and it should be done before the winter season gets further along. Mr. Archie moved to proceed with A, B and C of Phase 2 at approximately $870~ seconded by Mr. Effron. Motion carried 5-0. Creating Position of City Planner Mr. Moore read Ordinance No. 71-38, creating the position of City Planner. Mr. E£fron moved that the Ordinance be passed on first read- ing~ seconded by Mr. Blanchette. Motion carried 5-0. -5- MINUTES SPECIAL COUNCIL MEETING NOVEMBER 23~ 1971 Creating Position of City Planner: cont'd. Mr. Moore read the Resolution No. 71-QQ~ appoLnting Robert LargenT as the Cit~Planner. Fro. A~chie moved that the Resolution be adopted~ seconded by Mr. Effron. Motion carried 5-0. Meeting adjourned at 10:40 P. M. Attest: CITY OF BOYNTON BEACH~ FLORIDA rt B. Effr~f Vice Mayor old L. BI~h%tte~ Coun~f!man -6- STATE OF FLORIDA ) COUNTY OF PAY~M BEACH ) SS CITY OF BOYNTON BEACH ) TO THE HONOP~BL~ MAYOR AND COUNCILMEN OF THE CITY OF B0k-NTON BEACH~ FLORIDA: We. the undersigned Clerks of the Primary Election held on the 23rd day of November~ 1971 A.D. for the purpose of electing 5wo (2) candidates for Council~ do hereby certify that at such Primary Election the results were as follows: CANDIDATES North South TOTAL Emily ~. ~ackson ~Y~ /fir ~z/rr Soseph ~. ~elly /W? ~g$ ~/~ Matthew A. Macaulay /~W ~ ~ Write in Votes -- ~ Absentee ~ ~b ~ TOTAL VOTES CAST Clerk~ ~e~rtda Precinct C ,l/~rk ~ ~M=- P~acinct~ Sworn to and subscribed before me this 23rd day of November~ 1971. Tereesa Padget~Ci~y Clerk STATE 0F FLORIDA ) COUI~fY OF PALM BEACH ) SS CITY OF B0~NTON BEACH ) TO THE HONORABLE MAYOR AND COUNCIZ~IEN OF THE CItY OF BOYN~0N BEACH~ FLORIDA: We~ the undersigned Clerk and Inspectors of the Primary Election held on the 23rd day of November~ 1971 A.D. for the purpose of nominating fo'ur (43 candidates for Council do hereby certify that at such Primary Election~ the total votes cast at the South Precinct ~ere: of which Emily M. Jackson Joseph T. Kelly Jack Ro Kujala Matthew A. Macaulay Julian E. Patrick David Roberts WRITE IN VOTES recemved received received received received received / ~/~J votes votes vo~es votes /~q~ vote~ SPOILED BALLOTS ABSENTEE BALLOTS And we, such Clerk and Inspectors~ do make the foregoing as our rezurn to you of the results of such Primary Election and we do declare the above and foregoing vo be the result of the Primary Election in the South Precincz. Clerk ~ Inspecto~ Inspeczor ~ Inspeczor[O Inspector . Deputy Ihspector InSpeczor/_ In's-pector Iz[spector STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS CITY OF BOYNTON BEACH ) TO THE HONOP~BLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH~ FLORIDA: We~ the ~mdersigned ~lerk and Inspectors of the Primsry Election held on the 23rd day of November~ 1971 A.D. for the p~pose of nominating four (~) candidates for Council do hereby certify that at such Primary Election~ the total votes cast at the North Precinct were: of which Emily M. Jackson Joseph T. Kelly Jack R. Kujala Matthew A. Macaulay received ~ ~ votes received I~ 0 votes received /~ votes received !~ vo~es Julian E. Patrick received Q~ vo~es David Roberts received ~ votes WRITE IN VOTES SPOILED BALLOTS ABSENTEE BALLOTS And we~ such Clerk and Inspeczors~ do make the foregoing as our return to you of the results of such Primary Election and we do declare the above and foregoing to be zhe result of the Primary Election in the North Precinct. Clerk Ins~ctor InSpector Inspector Deputy Inspector ]inspector Inspector Inspector