05-18-04 MinutesMAY 18~ 2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, May 18, 2004.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent -
None
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, Deputy City Clerk
2_ The opening prayer was delivered by Reverend Nancy Norman with Unity
of Delray Beach.
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given.
The Pledge of Allegiance to the flag of the United States of America was
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AGENDA APPROVAL.
Mayor Perlman stated there is additional information for Item 8.K.,
Resolution No. 41-04.
Ms. McCarthy requested Item 8.C., Cemetery Fees of the Consent
Agenda be moved to the Regular Agenda as Item 9.A.A.
Mr. Costin moved to approve the Agenda as amended, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of
May 4, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
a.A.
National Safe Boating Week - May 22-28~ 2004
Mayor Perlman read and presented a proclamation hereby proclaiming
May 22-28, 2004 as National Safe Boating Week. Michael Gardner from the Coast
Guard Auxiliary came forward to accept the proclamation.
6.B. Advocacy in Education Awareness Day - May 20~ 2004
Mayor read and presented a proclamation hereby proclaiming May 20,
2004 as Advocacy in Education Awareness Day. Greta Britt came forward to accept the
proclamation.
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National Garden Week- June 6-12~ 2004
Mayor Perlman read and presented a proclamation hereby proclaiming
June 6-12, 2004 as National Garden Week. Aha Kenefick, President of the Poinciana
Garden Club and Cara Trowbridge, President of the Hibiscus Garden Club came forward
to accept the proclamation.
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National Elder Law Month - May 2004
Mayor Perlman read and presented a proclamation hereby proclaiming the
month of May, 2004 as National Elder Law Month. Jason Fishbein came forward to
accept the proclamation.
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Tinnitus Awareness Week- May 15-22~ 2004
Mayor Perlman read and presented a proclamation hereby proclaiming the
week of May 15-22, 2004 as Tinnitus Awareness Week. Ellen Gartner came forward to
accept the proclamation.
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PRESENTATIONS:
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Morikami Park Elementary Children- Nancy Stewart
Nancy Stewart, Avenue Creative Group, Inc., stated the City of Delray
Beach has a program called "Principal for a Day" and this is her second year
participating. The students from Morikami Park Elementary School presented the
Commission with a brochure to autograph. Mrs. Stewart introduced Mrs. Elizabeth
Kennedy, Principal and Mrs. Sue Redan, Teacher.
Sue Redan (Teacher) thanked Nancy Stewart and Trish Sceppa for giving
the children a voice and wisdom. Ms. Redan introduced the 4th graders from Morikami
Park Elementary who performed a skit in pantomime.
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Elizabeth Kennedy, Principal of Morikami Elementary School, recognized
and commended the 4th grade students.
· Alanna Ramos · Lukson Versulien
· Tara Aboumahboub · Annika Swanson
· Madison Delgado · Myles Cornejo
· Sabina Braverman · Emma Colton
· Rachael Ferguson · Lamont Robinson II
· Yacine Kermouche · Larissa DeLa Roche
· Cody Meyer · Nathan Perreau
· Emily Snavely · Rigo Beltran
· lan Mellul
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Employee Suggestion Award to Eric Aronowitz~ Police Officer
Larry Schroeder, Police Chief, stated Eric Aronowitz suggested saving the
City money by increasing the security around the radio communications tower at the
Police Department. Installation of the fence cost $3,900 and was paid for by the vendors
who have their cellular equipment on the tower. Therefore, the entire project was
completed with no cost to the City. Chief Schroeder presented Officer Aronowitz with a
check and thanked him for a job well done.
7.C. RESOLUTION NO. 36-04: Recognizing and Commending
Whatley, Officer Miller and Officer Coleman.
The caption of Resolution No. 36-04 is as follows:
Officer
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
RECOGNIZING AND COMMENDING OFFICER
MICHAEL COLEMAN, DETECTIVE MICHAEL
MILLER AND DETECTIVE THOMAS WHATLEY FOR
THEIR COMMITMENT AND DEDICATION TO THE
COMMUNITY.
(The official copy of Resolution No. 36-04 is on file in the City Clerk's
office.)
Officer Michael Coleman, Detective Michael Miller and Detective
Thomas Whatley came forward to thank the Commission.
Mr. Costin moved to approve Resolution No. 36-04, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
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8. CONSENT AGENDA:
City Manager Recommends Approval.
8.A. HAMMOCK RESERVE HOMEOWNERS' ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the
City and Hammock Reserve Homeowners' Association allowing the Delray Beach Police
Department to enforce local and state traffic laws on its property.
8.B. NEIGHBORHOOD ADVISORY COUNCIL: Approve the Rules and
Regulations of the Neighborhood Advisory Council.
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THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.D. SERVICE AUTHORIZATION NO. 15/ROBERT G. CURRIE
PARTNERSHIP, INC.: Approve Service Authorization No. 15 to Robert G. Currie
Partnership, Inc. in the amount of $71,285.00 for design services for the preparation of
permit and construction documents for the Delray Swim and Tennis Center Clubhouse
Project. Funding is available from 117-4133-572-62.10 (Delray Swim & Tennis
Club/Buildings).
8.E. RESOLUTION NO. 39-04: Approve Resolution No. 39-04 authorizing
the City's withdrawal from the Palm Beach Countywide Beaches and Shores Council.
The caption of Resolution No. 39-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA THAT
IT IS GIVING NOTICE TO THE PALM BEACH
COUNTYWIDE BEACHES AND SHORES COUNCIL
OF ITS INTENT TO WITHDRAW MEMBERSHIP
FROM THE PALM BEACH COUNTYWIDE
BEACHES AND SHORES COUNCIL WITH AN
EFFECTIVE DATE OF SIX MONTHS FROM THE
DATE OF THE RESOLUTION.
(The official copy of Resolution No. 39-04 is on file in the City Clerk's
office.)
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Strong Mayor
RESOLUTION NO. 40-04: Approve Resolution No. 40-04 opposing the
initiative for Palm Beach County.
The caption of Resolution No. 40-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
OPPOSING THE STRONG MAYOR INITIATIVE
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office).
FOR PALM BEACH COUNTY; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 40-04 is on file in the City Clerk's
8.G. PURCHASE ORDER INCREASES/ORIGINAL EQUIPMENT
MANUFACTURERS (OEM) PARTS: Approve blanket purchase order increases of
$10,000.00 to purchase order #615369, $6,000.00 to purchase order #617725, and
$10,000 to purchase order #615667 for the purchase of non-stock original equipment
manufacturers parts for automotive repairs performed by the City Garage. Funding is
available from 501-3311-591-52.50 (Garage Fund/Vehicle Maintenance/Parts).
8.H. RESOLUTION NO. 37-04: Approve Resolution No. 37-04 authorizing a
master lease agreement with SunTrust Leasing Corporation and lease purchase financing
for IBM iSeries equipment and software totaling $581,420.00.
The caption of Resolution No. 37-04 is as follows:
RESOLUTION AUTHORIZING THE EXECUTION
AND DELIVERY OF A MASTER LEASE
AGREEMENT, EQUIPMENT SCHEDULE NO. 01
AND RELATED INSTRUMENTS, AND
DETERMINING OTHER MATTERS IN
CONNECTION THEREWITH.
(The official copy of Resolution No. 37-04 is on file in the City Clerk's
office.)
8.1. RESOLUTION NO. 38-04: Approve Resolution No. 38-04 authorizing
the reimbursement of original expenditures with proceeds of lease purchase financing of
IBM iSeries equipment and software totaling $581,420.00.
The caption of Resolution No. 38-04 is as follows:
A RE SOLUTION AUTHORIZING THE
REIMBURSEMENT OF ORIGINAL EXPENDITURES
WITH PROCEEDS OF FINANCING.
(The official copy of Resolution No. 38-04 is on file in the City Clerk's
office.)
8.J. SPECIAL EVENT REQUEST/SUMMER NIGHTS: Approve a
special event request for the Summer Nights on the Avenue 2004 program, granting a
temporary use permit per LDR Section 2.4.6(H) for use of City property and right-of-way
at various locations, staff support for security and traffic control, street barricade set
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up/removal, banner and signage set up/removal, stage set up/use and removal, and trash
clean up/removal, with payment to the City for 50% of overtime costs exceeding
$5,000.00.
8.K. AMENDED AND RESTATED INTERLOCAL AGREEMENT
WITH HIGHLAND BEACH FOR SEWAGE DISPOSAL: Approve the Amended
and Restated Interlocal Agreement for the Disposal of Pretreated Sanitary Sewage with
the Town of Highland Beach.
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period May 3, 2004 through May 14, 2004.
8omo
AWARD OF BIDS AND CONTRACTS:
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Bid award to Colonna Construction in the amount of $298,308.00
for the 2002 Sidewalk Improvement Project on various streets.
Funding is available from 118-1965-554-63.11 (Community
Development Fund/Bikepaths/Sidewalks) and 334-3162-541-65.61
(General Construction Fund/Downtown Pedestrian Network).
Purchase award to Automotive Resources, Inc. in the amount of
$17,177.36 via the Florida GSA (General Services Admin.)
Contract No. GS-07F-7172B for the purchase of one (1) 2-Post,
30,000 lb. capacity, mobile lifting system for the City Garage.
Funding is available from 501-3311-591-64.90 (Central Garage
Fund/Other Machinery/Equipment-FY 2004/2005).
Purchase award to Duval Ford in the amount of $148,392.00 via
the Florida Sheriffs' Association Contract for the purchase of six
(6) police pursuit vehicles for the Police Department. Funding is
available from 501-3312-591-64.20 (Central Garage
Fund/Automotive).
Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
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REGULAR AGENDA:
9.A.A. CEMETERY FEES: Approve an increase in price for burial plots and in
fees for opening and closing graves at the Delray Beach Cemetery.
After brief discussion with a couple of the funeral homes, Ms. McCarthy
stated even though these fees have been consistent for the last 12-15 years because of
pre-payment plans the increase in fees for the community that we service may be a little
bit more than what would be affordable at this time. Ms. McCarthy suggested staggering
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the increase so that the residents do not feel the full impact all at once.
Mr. Costin inquired if the opening and closing costs are actual incurred
costs. In response, Mr. Weldon stated the actual costs are the cost of the equipment and
manpower. Mr. Costin stated since the country is in a time of conflict, does the City have
any provision to make any accommodations to deceased veterans that may incur death in
a war zone. Mr. Weldon stated there is no provision like this.
Mr. Levinson stated there is a provision that covers burial costs provided
by the military if there is a death in the line of duty.
The City Manager suggested staggering the resident costs and increasing
the non-resident costs.
Mr. Levinson concurred with the City Manager's suggestion. The City
Manager stated the costs for the residents can be staggered over a two year period or
spread it out for more than two years. Mr. Levinson expressed concern that the costs to
residents not be staggered over too long of a period and feels two years is sufficient
amount of time.
Brief discussion by the Commission followed.
Mr. Costin moved to extend the increase over a two year period for
residents and include the proposed increases for non-residents as listed in the
memorandum by Joe Weldon, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.A. MOTION TO RESCIND COMMISSION
DECISION/HANDELSMAN YELLOW BUILDING: The applicant is requesting a
reconsideration of the City Commission's denial of the request from Handelsman Yellow
Building f/k/a the Blank House for the purchase of six (6) in-lieu parking spaces in the
amount of $72,000.00. The Blank House is located at 85 S.E. 6th Avenue. Requires a
motion for reconsideration from a Commissioner who voted against approval.
The City Attorney stated this is a motion to rescind and requires a super
majority vote.
Prior to the vote, Mr. Costin stated the petitioner failed to be present at the
previous meeting when this was discussed by the Commission. Mr. Costin stated he feels
the petitioner should have the opportunity to present their case to the Commission.
Mr. Costin moved to approve to rescind, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes;
Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion to rescind
passed with a 4 to 1 vote, Mr. Levinson dissenting.
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9.B. WAIVER REQUEST/COMMUNITY PRIMITIVE BAPTIST
CHURCH: Consider a request to waive Land Development Regulations (LDR) Section
2.4.3(K)(1) "Development Application Fees" for Community Primitive Baptist Church,
located at 33 N.W. 11th Avenue, pursuant to LDR Section 2.4.7(B)(5). (Quasi-Judicial
Hearing
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
The Deputy City Clerk swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed by Mrs. Archer, Mr.
Costin, Mr. Levinson, and Ms. McCarthy. Mayor Perlman stated he had a brief
conversation with Jimmy Weatherspoon several weeks ago.
Paul Darling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-148 and #2004-149 into the record.
Mr. Darling stated on April 13, 2004, the City Commission approved the
conditional use request for the expansion of Community Primitive Baptist Church.
During those deliberations, the applicant felt that he should not have had to re-file the
applications and pay the associated application fees for a previously approved proposal,
and requested the Commission to waive the fees or a portion of the fees. It was the
consensus of the Commission to direct staff to review the costs for advertising, notices,
mailings, staff time and bring the item back to the Commission with a recommendation.
Mr. Dorling stated since there were no significant changes to the application and the
original findings were reaffirmed, staff recommends that the fees be reduced by $1,155
and leave the application fee of $1,000 which would cover staff time and advertising that
has been incurred by the City to date.
Jimmy Weatherspoon, 130 N.W. 8th Avenue, Delray Beach, thanked the
Commission for directing staff to look into the situation.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
Mr. Costin moved to approve a waiver to LDR Section 2.4.3(K)(1)
(Development Application Fees) to reduce the development application fees for
Community Primitive Baptist Church to $1,000 based upon positive findings with respect
to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
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9.C. CONSULTANT RANKING FOR OLD SCHOOL SQUARE
PARKING GARAGE: Consider approval of the rankings for consultants regarding the
Old School Square Parking Garage Project and authorize staff to negotiate with the firm
ranked first, PGAL/Eliopoulos, for a consulting contract.
Richard Hasko, Director of Environmental Services, stated this is a
Request For Qualifications (RFQ) for the Old School Square Parking Garage Project. An
eight member RFQ Review Committee consisting of City/CRA staff and Old School
Square board members reviewed the packages in the context of the professional
requirements and disciplines stated in the RFQ. Mr. Hasko stated the top ranked
consultant is PGAL/Eliopoulos and staff is requesting that Commission approve the
rankings and authorize staff to negotiate with PGAL/Eliopoulos for a consulting contract.
Mr. Costin inquired about the consultant PGAL/Eliopoulos. The City
Manager stated this is the same consulting firm that built the courthouse garage.
Mr. Levinson moved to approve the ranking and commencement of
negotiations with PGAL/Eliopoulos, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
0.D.
ESTABLISH PERFORMANCE MEASURES FOR GOLF
COURSES AND TENNIS FACILITIES: Consider approval of proposed performance
measures for FY 2003-2004 for the Municipal Golf Course, Lakeview Golf Course, and
Tennis facilities.
Robert A. Barcinski, Assistant City Manager, stated the proposed
performance measures are based on the goals and objectives approved in the fiscal year
03-04 budget, as well as other agreed upon tasks. The performance measures approved
will be the basis upon which a bonus would be paid to Dubin and Associates, Inc. for
fiscal year 03-04.
numbers.
Brahm Dubin, Dubin & Associates, stated the goals are based on budget
The City Manager stated staff is trying to be conservative with the budget
and not overestimate the revenues.
Mrs. Archer moved to approve to establish the performance measures for
the Municipal and Lakeview Golf Courses, and Tennis Facilities for fiscal year 2003-04
as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
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9.E. SHUTTLE SERVICE: Consider approval of a grant application to
partially fund shuttle services between Tri-Rail and the beach in accordance with
Comprehensive Plan Policy D-3.6 of the Transportation Element.
The City Manager stated there is some availability of some grant funds.
He stated he is hesitant about making this a high priority because in looking at the total
budget he is not sure it warrants this kind of priority.
Mrs. Archer asked how many years the grant is for. Scott Aronson,
Parking Management Specialist, stated this is a 3-year grant and relates back to federal
funding for the Clean Air Act. This program through the federal government has three
years left to it. Mr. Aronson stated this may be extended; however, the Metropolitan
Planning Organization (MPO) cannot assure this at this time.
Mrs. Archer asked when the double tracking will be done. Mr. Aronson
stated the double tracking will be complete in approximately 1 year to 18 months. Mrs.
Archer suggested that as a way to enhance this program, start out with 30 minute
headways and after the first year increase it to 20 minute headways in order to utilize the
grant program.
Mayor Perlman asked if the City would have to commit to three years.
Mr. Aronson stated the MPO is going to evaluate the success of the shuttle service every
six months and it was indicated that if the program was not successful they could pull the
funding and cease the program.
Mr. Costin stated he feels this may work during season; however, he
expressed concern that this may not be successful off-season. Mr. Costin stated he feels
this should be on a seasonal basis only because he does not want to see any tax dollars
wasted. Mr. Aronson stated the MPO was looking for a commitment of shuttle service
for an entire year.
Mayor Perlman stated he feels this is an enormous amount of money and
feels in the future as there is more employment and office use downtown, then it may
make more sense because there would be people here year-round using Tri-Rail and
commuting into Delray to work. However, he does not feel the City is ready for this
quite yet.
Ms. McCarthy asked if the grant is mandatory for the full three years of
use and suggested if the grant allows flexibility that it not be used the first year. The City
could start the second year which would be closer to the completion dates of the double
tracking or the garage.
The City Manager stated staff can apply for whatever is in the best interest
of the City. He stated the City can apply for it to begin next year.
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Mayor Perlman asked in terms of the City's contribution, where the
dollars are going to come from and what other priorities are we sacrificing for this. The
City Manager stated staff would have to go through the entire budget process.
Management
answered that
Mr. Costin stated he would like to see Scott Aronson, Parking
Specialist, go back to the MPO and try to get some of the questions
have been raised this evening.
Mr. Levinson stated the shuttle service is not intended just for shoppers'
downtown but also for taking people to Tri-Rail and back. He likes the idea and feels this
is time sensitive. He suggested that the City submit the application and make it with a
beginning date of October 2005 versus not submitting the application at all. Mr.
Levinson stated he does not want the City to lose this opportunity.
Ms. McCarthy stated if the City is awarded the grant and after the
budgetary process determines it is not in the best interest of the City, does the City have
the right to give the grant back. Mr. Aronson stated he believes the City would have the
right to give the grant back.
Mayor Perlman inquired about the capacity of the shuttles. The City
Manager stated it is up to staff to set the number of passengers. Mr. Aronson stated staff
feels the capacity of 18-24 passengers is sufficient.
Mrs. Archer concurs with comments expressed by Mr. Levinson and
stated it is in the Comprehensive Plan. Mrs. Archer stated it will take approximately 2-3
years to build up ridership. Mrs. Archer stated even though the City is requesting this for
next year, she would like to see staff put in a request for three years to see if the MPO
will grant it. Mrs. Archer stated if we make it available on the basis whereby we are
going to get some regular reliable times we might find that it is used and if not the City
can drop it.
Mayor Perlman stated over a three year period the cost to the City could
be approximately $700,000 and reiterated he does not feel the City is ready for this right
now.
Mr. Costin concurs with comments expressed by Mayor Perlman and
stated he can see the value on a seasonal basis and has reservations over the volume
during the off-season. He inquired about the data for the ridership. In addition, Mr.
Costin expressed concern over the time of operation and feels people who choose to eat
dinner downtown will not be able to finish and get back there to accommodate their
needs for transportation. He stated something is lacking with regard to the scheduling.
Brief discussion between staff and the Commission followed.
Mrs. Archer moved to approve filing the grant application for a three year
term for the shuttle service beginning October 1, 2005, seconded by Mr. Levinson. Upon
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roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to
1 vote, Mayor Perlman dissenting.
At this point, the time being 7:15 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 24-04: An ordinance amending the Land
Development Regulations Section 4.6.15(G) regarding swimming pool setback
requirements. Prior to consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 24-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SUBSECTION
4.6.15(G), "YARD ENCROACHMENT," TO
ALLOW POOLS TO EXTEND WITHIN FIVE
FEET OF THE PROPERTY LINE FOR ZERO
LOT L1NE DEVELOPMENTS, EXCLUDING
PERIMETER LOTS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the current
swimming pool setbacks apply citywide and do not address any specific type of
development such as zero lot line developments. The current request is to reduce the side
interior setback within zero lot line developments from 10' to 5'. The proposed
amendment includes a provision that pools are prohibited within utility easements, unless
written approval is provided by the easement holder and a hold harmless agreement is
executed.
At its meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing and there was no public testimony regarding the proposed amendment.
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After discussing the amendment, the Board unanimously voted 5-0 (Borchardt and Pike
absent) to recommend approval of the proposed amendment to LDR Section 4.6.15(G),
based upon positive findings with respect to LDR Section 2.4.5(M).
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 24-04, the public
hearing was closed.
Mr. Costin moved to adopt Ordinance No. 24-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 25-04: An ordinance amending the Land
Development Regulations Sections 2.2.3(B) and 2.2.6(B) regarding the composition and
special qualifications for the Site Plan Review and Appearance Board and the Historic
Preservation Board. Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 25-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SUBSECTION 2.2.3(B), "COMPOSITION
AND SPECIAL QUALIFICATIONS" AND
SUBSECTION 2.2.6(B), "COMPOSITION AND
SPECIAL QUALIFICATIONS"; PROVIDING A
REPEALER CLAUSE; PROVIDING A VALIDITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this LDR
amendment is being processed to ensure adequate representation by members with a
discipline determined to be critical to the conduct of the Board's business. If these
members are unable to present or represent their items, it will be difficult to retain
qualified applicants for the City' s various Land Development Boards.
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At its meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing regarding this item. There was no public testimony regarding the
amendment and after discussing the amendment, the Board voted 4-1 (Peltzie dissenting,
Borchardt & Pike absent) to recommend approval of the proposed amendment, based
upon positive findings with LDR Section 2.4.5(M).
At its meeting of April 21, 2004, the Historic Preservation Board voted 5
to 1 (Schatz dissenting, Miller absent) to recommend approval of the LDR amendment.
At its meeting of April 28, 2004, the Site Plan Review and Appearance
Board (SPRAB) unanimously recommended approval of the amendment.
Mayor Perlman declared the public hearing open.
Alice Finst, 707 Place Tavant, Delray Beach, for clarification asked if a
professional steps down is he still permitted to speak and/or is someone from his office
permitted to speak in his place.
The City Attorney stated the person who steps down can present the
project before the Board but cannot vote or participate in the discussion as a voted
member.
There being no one else who wished to address the Commission regarding
Ordinance No. 25-04, the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 25-04 on Second and
FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 28-04: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Section 35.105, "Administration by Retirement
Committee", by amending Section 35.105(A)(1), to provide for the naming of the
position of Finance Director as a member of the board. Prior to consideration of passage
of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to
be held at this time.
The caption of Ordinance No. 28-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 35.105, "ADMINISTRATION
BY RETIREMENT COMMITTEE BY AMENDING
SECTION 35.105(A)(1), TO PROVIDE FOR THE
NAMING OF THE POSITION OF FINANCE
DIRECTOR, AS A MEMBER OF THE BOARD AND
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PROVIDING THAT THE FOUR OTHER MEMBERS
MAY BE CITY OFFICIALS OR EMPLOYEES AND
SHALL BE APPOINTED BY THE CITY COMMISSION,
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 28-04, the public
hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 28-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed
with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior concerns expressed at the April 13th meeting by Mr.
Martinez, the City Manager stated a Code Enforcement Officer that works this area had
already met with Mr. Martinez concerning these issues. Property owners have been
issued violation notices but have not responded. The City Manager stated these cases
will be moved to the contracted vendor for abatement by the end of this week. The Code
Enforcement Officer assigned to this area frequently checks these properties and
communicates with Mr. Martinez and he appears to be frustrated with the process you
have to go through to handle these issues.
With regard to another concern expressed by Mr. Martinez over the
speeding traffic on Southridge Road, the City Manager stated staff has not done speed
studies on this particular part of Southridge Road, but have done studies further west.
Staff found typically that 85% of the vehicles were driving at speeds lower than the
posted 25 miles per hour speed limit. The Police Department has looked at the 500 block
of Southridge Road where Mr. Martinez lives to evaluate the traffic conditions regarding
speed on the roadway. The City Manager stated Southridge Road is two-tenths of a mile
long at the intersection of S.W. 4th Avenue westbound to the wooden fence. Mr.
Martinez's residence is 506 Southridge Road and is located on the south side of the road
about halfway between S.W. 4th Avenue and the fence. There are a total of 20 homes on
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the street with several under new construction and are still not occupied. An officer was
there for 20 minutes and observed one vehicle at the speed of 15-20 minutes per hour.
Based on their observation and evaluation of the location, routine traffic enforcement is
all that is required. The City Manager stated there is no justification for speed humps in
the road. However, he stated there is a process for requesting neighborhood traffic
calming through a petition which requires two-thirds of the residents to sign a petition
and file the application.
With regard to deadening the noise on the Linton Boulevard Bridge, the
City Manager stated the engineering report performed by Palm Beach County consultants
summarizes the results of the wheel path modification study, and concludes that it is not
possible to retrofit the existing draw span due to a lack of physical room for counter
weights to balance the additional weight. The report continues to state that the draw
spans would have to be completely replaced to accommodate the proposed noise
deadening method. The estimated cost of this work based on similar recent County
projects will be in the $2.5 million range. The estimate does not include the cost of
demolition of the existing spans and other minor modifications to the
electrical/mechanical systems. The study continues to explain that decibel readings taken
at various locations around the bridge vary between 70db and 75db depending on the type
of vehicle crossing the bridge. State study of effective noise reduction reflects that the
addition of concrete wheel paths will only reduce noise levels by 3db to 4db. Based on
this report, the County's decision not to pursue this noise deadening method is prudent
and not priority based as has been suggested. The engineering study concludes that
replacement of the draw spans at the cost in excess of $2.5 million will not resolve the
noise level problem given the past measured effectiveness of the method.
With regard to comments expressed about the City's noise ordinance that
were also made in the context of the wheel noise on the bridge, the City Manager stated
the City's ordinance does not apply to traffic noise. Assuming the City codes were
applied to this facility, the noise level is in excess of what the code would allow. The
City Manager stated he imagines anything close to 1-95 experiences the same thing.
11.B. From the Public.
ll.B.1. Neeck Simeus~ 902 N.W. 1st Street~ Delray Beach~ commented about the
Planning and Zoning meeting last night regarding the discussion about the rezoning of
the Atlantic Avenue corridor. He inquired as to how the rezoning to GC (General
Commercial) will impact the community on both the northwest and southwest sides of
Atlantic Avenue.
ll.B.2. Alice Finst, 707 Place Tavant~ Delra¥ Beach~ expressed concern over a
safety issue at the junction of Depot Road, the canal, the 1-95 wall and Roosevelt Avenue,
and stated the guardrails have all been removed along the canal. She commented that
there appears to be no signs of any barriers being put up at this time and urged the
Commission to look into this matter.
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ll.B.3. John Bennett~ 137 Seabreeze Avenue~ Delra¥ Beach~ speaking on behalf
of the Milton Myer's Post 65 and the American Legion, he invited everyone to the
Memorial Day ceremonies to be held at 9:30 a.m. with a Spaghetti Dinner at noon. In
addition, Mr. Bennett stated the Veteran's of Foreign Wars is hosting their annual
commemoration at Veteran's Park including the wreath laying at the monument and a
wreath in the Intracostal in memory of those lost at sea. Mr. Bennett read into the record
and stated among those who will be honored are: Marvin Milton, Loney Myers, Harry
Fish, Harry Oller, George H. Reiley, Howell Jones, Ben F. McIntosh, Bradley O'Neal,
Benjamin F. Jetton, Shelton Lamb, Jr., Logan McNeil, Alfred F. Priest, Charles L.
Vreeland, John Jupinko, and Arthur Sprott, Jr.
ll.B.4. Venice Graham~ 42 N.W. 9th Avenue~ Delra¥ Beach~ stated she lives
across from the Paradise Club and asked what is going to happen with her property.
ll.B.5. Dennis Grainger~ 2000 S. Ocean Boulevard~ Delray Beach, stated he
has been the Tennis Director at the Hamlet Country Club and provided the Commission
with a proposal for the management of the tennis facilities in Delray Beach (the proposal
consists of running the tennis facilities and selling of the naming rights). Mr. Grainger
stated he provided some information to the City Manager regarding Advanta.
At this point, the time being 7:40 p.m., the Commission moved back to
the Regular Agenda.
9oFo
APPEAL OF DECISION/SOUTHERN WASTE SYSTEMS V. CITY
OF DELRAY BEACH: Consider authorizing the City to appeal the court's decision in
the case of Southern Waste Systems v. the City of Delray Beach.
The City Attorney stated this is a case that was brought before the City of
Delray Beach and Waste Management (WM) regarding the collection of construction and
demolition (C&D) debris. The City had given Waste Management an exclusive franchise
and SWS claimed that this exclusivity violated the commerce clause. The court issued a
ruling granting SWS's motion for partial summary judgment regarding the violation of
the commerce clause. Waste Management plans to appeal this decision and shall
continue to indemnify and defend the City in this case.
Mr. Costin moved to approve authorizing the City to appeal the court's
decision in the case of Southern Waste Systems (SWS) v. City of Delray Beach,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.G. PROPOSAL FOR SETTLEMENT IN AERO PRODUCTS
CORPORATION D/B/A AMERICAN LAFRANCE MEDICMASTER v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in Aero Products Corporation
d/b/a American LaFrance MedicMaster v. City of Delray Beach. Staff recommendation
is acceptance.
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The City Attorney stated American LaFrance MedicMaster has agreed to
dismiss their counter-claim against the City regarding their breach of contract claim for
the outstanding purchase order of one (1) 2002 Freightliner FL60 Extended Cab
Emergency Vehicle (P.O. No. 601887) so long as the City dismisses its complaint for
breach of contract and breach of warranty against MedicMaster regarding the Freightliner
FL60 Extended Cab Emergency Vehicle that was delivered to the City on June 8, 2001.
Kerry Koen, Fire Chief, stated the vehicle has an asset value and is to the
advantage of the Fire-Rescue Department to dispose of the vehicle either through trade to
another vendor or by sale. Staff recommends approval of the proposal for settlement.
Mr. Costin moved to approve the proposal for settlement in Aero Products
Corporation d/b/a American LaFrance Medicmaster v. City of Delray Beach, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
9.H.
APPOINTMENT TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the
Police and Firefighters' Retirement System Board of Trustees to fill a two year term
ending June 30, 2006. Based on the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3).
Mr. Levinson moved to reappoint Kenneth Rubin as a member to the
Police and Firefighters' Retirement System Board of Trustees to fill a two-year term
ending June 30, 2006, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.1. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
studem member to the Education Board for an unexpired term ending July 31, 2005.
Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5).
Mayor Perlman stated he wished to appoint Gemina Masson as a student
member to the Education Board for an unexpired term ending July 31, 2005. Mrs. Archer
so moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
9.j.
APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITTEE: Appoint one member to the Boca Raton Aviation Advisory Committee
for a two (2) year term ending May 31, 2006. Based on the rotation system, the
appointment will be made by Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Harvey Brown, Sr. to the Boca Raton
Aviation Advisory Committee for a two-year term ending May 31, 2006, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
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Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
None.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager announced he will be on vacation next week.
Secondly, with regard to Mrs. Archer's comments about lane delineations
at Linton Boulevard and Federal Highway, the City Manager stated staff has inspected
the intersection and found that the only lane lacking directional pavement markings was
the westbound through/left turn lane as you approach the intersection from the east. The
appropriate pavement markings for this lane have been installed and staff is asking that
the Florida Department of Transportation (FDOT) reinstall fresh pavement marking on
Federal Highway.
13.B. City Attorney
The City Attorney reviewed the election information regarding the library
referendum. It was the consensus of the Commission to place the library referendum
question on the ballot for the November 2, 2004 election.
13.C.
13.C.1.
City Commission.
Mrs. Archer
Mrs. Archer stated she had a nice pancake breakfast at the Hot Air Balloon
Race & Festival.
Secondly, Mrs. Archer stated it was nice to see Barbara Garito, City Clerk.
She stated at the Sister Cities meeting, there has been a request from
David Schmidt that the Commission not require formal approval of the Board
appointments because based on a ruling by the City Attorney, it is going to require that
they fall under the Sunshine Laws. Commissioners agreed to discuss this further with
David Schmidt but in general feel they should still ratify Board appointments.
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13.C.2.
Commissioner Costin
Mr. Costin commented about an article in the Sun-Sentinel News
regarding revitalization efforts whereas the South Florida region will now be thought of
in its entirety from Key West to Vero Beach.
Secondly, Mr. Costin commented about the Hot Air Balloon Race &
Festival and stated he enjoyed seeing the children in awe of the balloons. Mr. Costin
extended kudos to Marjorie Ferrer, Downtown Event Coordinator and stated the event
was very successful.
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated she met with Congressman Hastings in Washington,
D.C. about Carver Square and Carver Estates and commented that one of his employees
is a former employee of the Environmental Protection Agency (EPA). Ms. McCarthy
stated the EPA took some reports and will follow-up with her within approximately ten
(10) days.
13.C.4.
Commissioner Levinson
Mr. Levinson commented about the Hot Air Balloon Race & Festival.
Secondly, Mr. Levinson stated he received a request to close the street
between S.W. 12th & S.W. 13th Avenues for a Graduation party. The request was not
made through a homeowners' association and sufficient time was not available to do
proper planning, etc. Mr. Levinson stated he called the President of the SW President's
Council to see if they were aware of it and she indicated that she was unaware of this and
suggested anything the City does should include them.
Secondly, Mr. Levinson thanked Philip Freidman for sending the
magazine on the historic trust. He commented about an article entitled "Best Places to
Live on the Coast" in the June 2004 issue of Money Magazine regarding real estate in
Delray Beach.
He commented about an article regarding science teachers for SCRIPPS
Internships. Mr. Levinson stated Scott Morone who teaches in the International
Baccalaureate (IB) Program at Atlantic High School is receiving a $15,000 donation from
Bank of America to cover travel and housing expenses in addition to his internship to
work with the scientists at SCRIPPS.
13.C.5.
Mayor Perlman
Mayor Perlman commented on the FAU Study and stated it was nice for
Delray Beach to be singled out among seven counties and hundreds of cities.
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05/18/04
Secondly, Mayor Perlman stated he and Diane had the opportunity to
speak about downtown revitalization at the annual meeting of the Ocean City
Development Corporations in Ocean City, Maryland. Mayor Perlman stated he was
presented the "Key to the City" and commented that Ocean City was also an All America
City in 2001. He stated representatives from Ocean City will be in Delray Beach next
week and some are looking for downtown housing and feels in municipal circles Delray
Beach is looked at as a model city.
He stated he attended the Florida Trust Historic Preservation Conference
last week and commented it was a great. Mayor Perlman stated Frances Bourque was
honored and received the highest award from the State for historic preservation. He
stated the conference opened with Glenda Hood, Secretary of State, who called Delray
Beach an icon in preservation and downtown redevelopment. Mayor Perlman stated this
was a great conference and they talked about the possibility of coming back in a few
years.
Mayor Perlman sated with regard to Advocacy in Education Day, he is
going to be on a panel at Carver Middle School on Thursday with the Superintendent and
a few State legislators. He has been asked to speak about what Delray has done in terms
of education.
Mayor Perlman stated one of the things the City needs to work on is to
improve the internal communications and place notices in plain language for the citizens
to understand better. He stated if more information is provided, people will understand
better instead of acting on fear and misinformation.
Lastly, Mayor Perlman stated he is looking forward to Barbara Garito's
retirement dinner. He stated she will be truly missed and feels the mark of a good leader
is someone who leaves the office in good hands and who has done a good job at
managing and training people so that there is a seamless transition.
At this point, the time being 8:15 p.m., Mayor Perlman adjourned the
Regular Meeting and moved to Item 14, Closed Attorney/Client Session.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.
286.011(8) re: the case of Florida Blacktop, Inc. v. the City of Delray Beach, Florida.
Attendees:
Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jon Levinson
Commissioner Robert Costin
City Manager David Harden
City Attorney Susan Ruby
Attorney Malcolm Cunningham
Attorney John Hockin
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A certified court reporter
Purpose:
Discuss settlement negotiations and strategy related
to litigation expenditures in the above case.
Mayor Perlman read the following statement into the record: "The City
has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8)
regarding the case of Florida Blacktop, Inc. v. City of Delray Beach. The estimated
length of the closed session shall be 20 minutes. The following persons will be attending:
Mayor Jeff Perlman, Commissioners Pat Archer, Alberta McCarthy, Jon Levinson and
Robert Costin, City Manager David Harden, City Attorney Susan Ruby, attorneys
Malcolm Cunningham and John Hockin and a certified court reporter."
At this point, the time being 8:35 p.m., Mayor Perlman reconvened the
Regular Meeting and announced that the Closed Attorney/Client Session was terminated.
15__:. SETTLEMENT OF FLORIDA BLACKTOP, INC. v. CITY OF
DELRAY BEACH
Mrs. Archer moved to approve the settlement between Florida Blacktop,
Inc. and the City of Delray Beach in the amount of $330,000.00, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:37 p.m.
&et~ag City Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on May 18, 2004, which Minutes were formally approved and adopted by the City
Commission on June 8, 2006
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05/18/04
Acting City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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