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05-16-00MAY 16, 2000 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, May 16, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Dan Casselberry, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. o Agenda Approval. Hayor Schmidt noted the addition of Item 6.F., Procla- mation recognizing the month of May, 2000, as Civility Month, and Item 9.L., Resolution No. 44-00, to the agenda by addendum. Hrs. Archer moved to approve the agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. o Approval of Minutes: Mr. Schwartz moved to approve the Minutes of the Regular Meeting of May 2, 2000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.a. National Salvation Army Week - May 14-20, 2000. Hayor Schmidt read and presented a proclamation in recognition of Salvation Army Week which will be observed on both a national and local level during the week of Hay 14 through 20, 2000. Lt. John Williams, Corps Officer with The Salvation Army, came forward to accept the proclamation and expressed his appreciation to the City Commission for taking the time to make note of this observance. 6.S. National Preservation Week - May 14-20, 2000. Hayor Schmidt read and presented a proclamation in recognition of National Preservation Week which will take place during the week Hay 14 through 20, 2000. Mary Swinford, Delray Beach Historical Society, came forward to accept the proclamation and expressed her apprecia- tion to the City Commission for their acknowledgment of National Preservation Week and for the ongoing support of historic projects in Delray Beach. 6.C. Recognizing and commending the Delray Beach Ocean Rescue Division as 1999 Beach Patrol of the Year and Operations Supervisor Steve Zickl as 1999 Lifeguard of the Year. Hayor Schmidt read and presented a proclamation in recognition of the Delray Beach Ocean Rescue Division being named the 1999 Beach Patrol of the Year, and recognizing Opera- tions Supervisor Steve Zickl for superior achievement in being named 1999 Lifeguard of the Year. Rich Connell, Beach Supervisor, came forward to accept the proclamation and expressed his appreciation to the Commis- sion for taking the time to acknowledge these achievements. 6.D. Recognizing and commending Operations Supervisor Heather Irurzun and Ocean Rescue Officer Shaun Gibson, Delray Beach Ocean Rescue Division, for their superior achievements at the 2000 World Lifesaving Championships in Sydney, Australia. Hayor Schmidt read and presented a proclamation in recognition of the superior achievements of Heather Irurzun and Shaun Gibson, Ocean Rescue Division, at the 2000 World Lifesav- -2- 05/16/00 lng Championships. Ocean Rescue Officer Shaun Gibson came forward to accept the proclamation and expressed his thanks and apprecia- tion, for both himself and Hs. Irurzun, for the recognition of their achievements. 6.E. National Flag Day/21st Annual National Pause for the Pledge of Allegiance to the Flag - June 14, 2000. Hayor Schmidt read a proclamation in recognition of National Flag Day which will be observed on June 14, 2000, and urging all citizens to pause at 7:00 p.m., EDT, on this date for the 21st Annual National Pause for the Pledge of Allegiance to the flag. 6.F. Civility Month - May 2000 (BY ADDENDUM) Hayor Schmidt read a proclamation recognizing the month of May, 2000, as Civility Month in the City of Delray Beach, and urging all citizens to exercise civility towards each other not only during the month of Hay, but at all times. Presentations: 7.a. Report on the Delray Affair - Lynn Bafaloukos, Chamber of Commerce Events Coordinator. Hs. Bafaloukos expressed her thanks and appreciation to the City Commission and City staff for all of their help and support before, during and after the 38th Annual Delray Affair which was held April 28 through 30th, 2000. The Delray Affair could not be as successful as it is without this assistance. Hs. Bafaloukos presented the City Commission with a signed and framed commemorative poster of the Delray Affair. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 39-00: Approve a resolution vacating and abandoning the north/south and east/west alley rights-of-way lying within Block 36, but reserving to the City a general utility easement over the entire area to be abandoned, based upon positive findings. Block 36 is located on the north side of West Atlantic Avenue, between N.W. 3rd and 4th Avenues. The caption of Resolution No. 39-00 is as follows: -3- 05/16/00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING R_ND ABR_NDONING THE NORTH/SOUTH ALLEY RIGHT-OF- WAY R_ND THE EAST/WEST ALLEY RIGHT-OF-WAY LYING WITHIN BLOCK 36 (REVISED PLAT OF BLOCK 36), TOWN OF DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING R_ND RETAIN- ING TO THE CITY A UTILITY EASEMENT FOR PUBLIC R_ND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 39-00 is on file in the City Clerk's office.) 8.B. RESOLUTION NO. 40-00: Approve a resolution vacating and abandoning a portion of the north/south alley right-of-way lying within Block 8, Rosemont Park, in conjunction with Bethel Evangelical Church, but reserving to the City a general utility easement over the entire area to be abandoned, based upon pos- itive findings. Block 8, Rosemont Park, is located on the west side of S.W. 7th Avenue between S.W. 7th Street and S.W. 8th Court. The caption of Resolution No. 40-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING R_ND ABR_NDONING A PORTION OF THE NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING WITHIN BLOCK 8, ROSEMONT PARK, AS MORE PARTICULARLY DE- SCRIBED HEREIN, BUT RESERVING R_ND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC R_ND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 40-00 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 38-00: Approve a resolution requesting funds from the Palm Beach County Emergency Medical Services Grant Award program to be used for the purchase of eight (8) Capnography Honitors, six (6) IV Infusion Pumps, and three (3) EMS Patrol Bikes for the Fire Department. The caption of Resolution No. 38-00 is as follows: -4- 05/16/00 A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2000/2001. (The official copy of Resolution No. 38-00 is on file in the City Clerk's office.) 8.D. RESOLUTION NO. 42-00: Approve a resolution certifying that the South Palm Beach County Habitat for Humanity program operating in the CDBG income eligible areas of the City of Delray Beach is consistent with the City's Comprehensive Plan and the Land Development Regulations. The caption of Resolution No. 42-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CERTIFYING THAT THE SOUTH PALM BEACH COUNTY HABITAT FOR HUMANITY PROGRAM OPERATING IN THE CDBG INCOME ELIGIBLE AREAS OF THE CITY OF DELRAY BEACH IS CONSISTENT WITH THE GOALS AND OBJECTIVES OF THE CONSOLIDATED PLAN AND COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT REGULATIONS OF THE CITY; PROVIDING AN EFFECTTIVE DATE. (The official copy of Resolution No. 42-00 is on file in the City Clerk's office.) 8.E. FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE PROGRAM: Approve two funding subsidies in the total amount of $37,300.00 for two income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 100th and 101st homeownership assistance grants provided through the program to-date. 8.F. RATIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS: Ratify the list of appointees to the Old School Square Board of Directors as of January 27, 2000. 8.G. SERVICE AUTHORIZATION #1999-01/HELLER-WEAVER & SHEREMETA (LAKE IDA ROAD IRRIGATION & LANDSCAPING): Approve Service Authorization ~1999-01 in the amount of $25,960.00 with Heller-Weaver & Sheremeta for professional services related to -5- 05/16/00 the preparation of plans and submittal of Keep Palm Beach Beautiful grant application, as well as design, permitting and bidding services associated with the Lake Ida Road (Congress to Hilitary) irrigation and landscaping project, with funding from 334-3162-541-61.17 (General Capital Improvement - Street Recon- struction). 8.H. SERVICE AUTHORIZATION #18/DAVID MILLER & ASSOCIATES (CITY MARINA IMPROVEMENTS): Approve Service Authorization ~18 in the amount of $53,200.00 with David Miller & Associates for professional services related to the City Marina - Roadway, Facility and Park Improvements project, with funding from 426- 4311-575-65.23 (City Marina Renovations). 8.I. CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/RANDOLPH & DEWDNEY CONSTRUCTION (SANDOWAY PARK RESTROOM FACILITY): Approve closeout Change Order ~1 in the net deduct amount of $2,146.86 and final payment in the amount of $3,788.00 to Randolph & Dewdney Construction Inc. for completion of the Sandoway Park Restroom Facility project, with funding from 117-4170-572- 63.80 (Recreation Impact Fee Fund - Sandoway Park Restroom). 8.0. CLOSEOUT CHANGE ORDER #5 AND FINAL PAYMENT/PAVEX CORPORATION (1998 RESURFACING PROJECTS): Approve closeout Change Order #5 in the amount of $49,381.54 and final payment in the amount of $62,179.66 to Pavex Corporation for completion of the 1998 Street Resurfacing contract, with funding in the amount of $16,850.82 from 334-3162-541-61.17 (Street Reconstruction), $3,842.00 from 334-3162-541-63.15 (Downtown Parking Lots), $20,230.59 from 334-4173-572-63.90 (Miller Park/Other Improve- ments), $4,139.75 from 334-3162-541-65.19 (NE 4th Street & NE 3rd Avenue), $11,137.75 from 334-4172-572-63.03 (Pompey Park Ballfields), and $5,978.75 from 442-5178-536-63.92 (Highland Beach Force Main). 8.K. FINAL PAYMENT/TROPICAL AWNING INC. (VETERANS PARK AWNING REPLACEMENT): Approve final payment in the amount of $1,951.00 to Tropical Awning Inc. for completion of the Veterans Park Awning Replacement project, with funding from 001-4126-572- 63.90 (Veterans Park Recreational Facility - Other Improvements). 8.L. RESOLUTION NO. 41-00: Approve a resolution assessing costs for action necessary to abate nuisances on seven (7) properties throughout the City. The caption of Resolution No. 41-00 is as follows: -6- 05/16/00 A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PA_NY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 41-00 is on file in the City Clerk's office.) 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 1st through May 12, 2000. 8.N. AWARD OF BIDS AND CONTRACTS: Grant awards through the Community Development Block Grant Housing Rehabilitation program to Abisset Corporation in the amount of $14,148.75 for a single family home at 927 S.W. 2nd Avenue, and to Henry Haywood in the amount of $8,809.50 for a single family home at 207 N.W. 10th Avenue, with funding in the total amount of $22,958.25 from 118-1963-554-49.19 (CDBG Housing Rehabilita- tion), and grant award through the State Housing Initiatives Partnership (SHIP) program in the amount of $17,146.50 to William Hatcher Construc- tion for a single family home at 318 S.W. 6th Avenue, with funding from 118-1924-554-49.19 (SHIP Housing Rehabilitation). o Emergency purchase of manufacturer's replacement parts for repairs to VAC filters at the Water Treatment Plant to Eimco Process Equipment, sole source provider, in the total amount of $13,650.00, with funding from 441-5122-536-46.90 -7- 05/16/00 (Water Treatment & Storage - Other Repair/Mainte- nance Cost). o Contract award in the base bid amount of $134,290.00 to Republic Construction & Develop- ment Corp., plus Change Order ~1 in the deduct amount of $13,753.00, for a net contract amount of $120,537.00 for the Veterans Park Restrooms project, with funding from 334-4126-572-62.10 (General Construction Fund - Veterans Park/ Buildings). Mrs. Archer moved to approve the Consent Agenda as presented, seconded by Hr. Schwartz. Upon roll call the Commis- sion voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.A. INTERNATIONAL TENNIS RESORT: Consider a revised acqui- sition proposal for the International Tennis Resort property. The City Manager reported that subsequent to the May 9th workshop, the City received some indication that the owner of the property might be willing to do one of the things that had been suggested in the course of last week's discussion, that being to subtract from the price on the table of $725,000 the City's estimate of $70,000 for demolition of the clubhouse. A meeting was held with the owner to discuss that option. He (the owner) later evaluated the other contract that he had at $750,000 and had some concerns about the staying power of that potential purchaser and some concern that two or three years down the road that individual would not be able to make money on the property and it would again end up abandoned or poorly maintained. The owner felt that it would be best for the property and for the other property that he has developed there if the City were to buy it, so he agreed to accept a total price of $655,000. The current proposal for acquisition would be that the City would acquire the entire property for $655,000. Simul- taneously, the City would sell the eastern ten (10) tennis courts to the Homeowners Association for $225,000, and the Homeowners Association would pay to the City $150,000 for future maintenance costs of those ten courts which the City would agree to maintain for a 35 year period. The City's net initial cost would then be $280,000. -8- 05/16/00 The City Hanager continued that according to a pro- posed initial rehabilitation budget for the property, court resurfacing would be $42,500; termite treatment for the conces- sion and bath house would be $1,800; refurbishing the pool would be $38,300; further evaluation of the clubhouse would be $10,000; and miscellaneous repairs at $7,400, for a total of $100,000. In addition to the acquisition price being paid from Recreation impact fees, the City Hanager felt that these initial rehab costs could also be paid from that source. He did not feel, however, that we could go much beyond that and there will be other rehab costs. The $42,500 does not include rehabilita- tion of all of the courts. The City Manager further stated that there was a question raised last week about whether the folks who use our present Tennis Center really felt there was a need for addition- al courts. A petition was circulated some weeks ago and was recently submitted to the Hanager's office containing 301 signa- tures, of which 171 are residents of the City, stating they feel there is a need for additional courts and encouraging the City to acquire the property. Another question had to do with what the cost would be if the City ended up demolishing the building and had to use a temporary facility. The office trailer that was used at Lakeview Golf Course cost $400 per month. There was an additional set-up cost of roughly $190 and the same to take it down at the end of construction. In addition to that, at Lakeview there was a restroom trailer that cost $1,660 per month. The City Hanager did not think that this would be neces- sary at the Laver's property. Restroom facilities would be available in the bath house as well as in the office trailer. If it became necessary to provide additional public restrooms, there would be an outside cost for providing those on a tempo- rary facility basis. The City Hanager stated that at this point he would recommend that the Commission go ahead and authorize staff to advertise this matter to be voted on at the June 6th regular meeting. The City Attorney presented a brief overview of the essential terms of the tentative contract for sale and purchase as outlined in the memorandum dated Hay 15, 2000 from Assistant City Attorney Brian Shutt to the City Commission. On question from Ms. McCarthy, the City Attorney stated that the City would pay for the title insurance on both events. The reason for this is partially because the City, by -9- 05/16/00 law, is not allowed to pay documentary stamps, and typically the buyer pays this cost. Therefore, these responsibilities have been shifted somewhat although the costs involved to both buyer and seller are fairly close. Hr. Schwartz commented that he felt it was wonderful thinking to want to provide additional recreational facilities for our citizens, but also that it has to be done in economical fashion because there are other serious issues in the forefront that will have to be taken care of. While he liked the idea of acquiring the property, Commissioner Schwartz was not satisfied with the price and felt that it could still be negotiated down. Hr. Perlman stated that he, too, felt that a better price could be negotiated. While he is interested in acquiring the property, he wanted to do it at the right price. Hr. Perl- man stated that he had recently spoken with the Youth Council and they would be interested in coming in as partners with the City to the tune of $100,000. This would give them a headquar- ters much quicker than if they have to raise $2 million to build a youth center, plus there are amenities there as well. After giving the prospective purchase an awful lot of thought, Hr. Perlman commented that we should not be so rigid that we don't take advantage of an opportunity when it presents itself, but, as mentioned by Commissioner Schwartz, the City also has a lot of other needs. He felt that a figure should be put on the table this evening so that this doesn't keep going back and forth, and that the figure he felt was fair was $500,000. With the $375,000 that the City would get back from the Homeowners Association and with $100,000 from the Youth Council, the net cost to the City would be at $25,000. Taking into consideration the risk the City would take on the legal fees for the title issues, Hr. Perlman felt $500,000 would be a fair price. Hr. Perlman moved to counter-offer at a price of $500,000, with the terms of $225,000 from the Homeowners Association for the repurchase of the tennis courts, the $150,000 maintenance payment, and contingent on a partnership with the Youth Council where the Youth Council would contribute $100,000, leaving the City with a net cost of $25,000. The motion was seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.S. REQUEST TO REDUCE PAVEMENT WIDTH/PARKSIDE TOWNHOMES: Consider a request to reduce the pavement width from 24 feet to -10- 05/16/00 22 feet for a portion of the residential streets located within the proposed Parkside Townhomes development pursuant to LDR Section 6.1.2(C). The subject property is located north of West Atlantic Avenue on the east side of Coral Trace Boulevard. Diane Dominguez, Director of Planning and Zoning, stated that the development proposal is to construct a 165 unit multi-family rental development known as Parkside Townhomes on the property commonly referred as the Tate property. The re- quest is to reduce the pavement width for just a portion of the streets from the standard of 24 feet to 22 feet. These are private streets within a gated community which is designed as an urban townhouse style project. The proposal is to provide a pavement width of 22 feet only for those portions of the streets that contain parallel parking spaces. A pavement width of 24 feet will be maintained in all other areas of the subdivision. The City Engineer and the Fire Marshal reviewed the request to reduce the pavement width and recommended approval. On question from Ms. McCarthy, Ms. Dominguez stated that the 22 ft. standard section is an acceptable standard for many other municipalities and Palm Beach County, and is often recommended as a traffic calming measure. This is something that should probably be looked at in terms of amending the City Code. Hr. Perlman moved to approve the request to reduce the pavement width for portions of the internal streets located within the Parkside Townhomes development from 24 feet to 22 feet as indicated on the site plan. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - No; Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote. 9.C. IN-LIEU OF PARKING FEE AGREEMENT/PINEAPPLE TOWN (OUT SIDE THE BOX, INC.): Consider approval of an in-lieu of parking fee agreement in the amount of $12,000 for two (2) parking spaces with Outside The Box, Inc. for Pineapple Town. The subject property is located at the southeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 2nd Street, and is zoned CBD (Central Business District). Diane Dominguez, Director of Planning and Zoning, stated that this is for an addition to a development within the Pineapple Grove area at the southeast corner of N.E. 2nd Avenue and 2nd Street where the proposal is to add 2,000 sq.ft. There -11- 05/16/00 is an existing paved parking area at the rear of the building. The additional square footage increases the parking requirement by two (2) spaces. By code, the applicant is allowed to request the in-lieu of parking fee. In the Pineapple Grove area the in- lieu of fee is $6,000 per space and it can be financed over a three year period. The applicant has asked to enter into such an agreement. However, they have had some discussions with staff about the potential for the parking requirement for the Pineapple Grove area to change. This is something that has been talked about since the Hain Street plan was adopted some two or three years ago. Staff has been reluctant to support such a reduction until there is an adopted parking plan for the Pineap- ple Grove area. The applicant is concerned that if he enters into this agreement and then the parking requirement is reduced, he does not want to be locked into having to continue payments if the City no longer requires these spaces for the development. The applicant had asked that language to this effect be added to the standard agreement. Hs. Dominguez stated that staff and the City Attorney have some concerns about adding language for something that may or may not occur in the future. She felt that the owners would always have the ability to come in and ask for reconsideration if there were to be a change in the future. On question from Mrs. Archer, Ms. Dominguez stated that by including modified language in this agreement there could be the potential to set a precedent for future agreements, depending upon how it was worded. She felt it would be prefera- ble to simply acknowledge that they would not be precluded from asking for the agreement to be renegotiated should there be a change to the code. The City Attorney concurred that it would be far more preferable to have an amendment to the standard agreement at some future time, should the City change the parking requirement at a later date, than to amend the language currently contained in the standard agreement. On further question from Mrs. Archer as to how long it might take to begin to review the parking requirements for Pineapple Grove, Ms. Dominguez stated that she felt it should be looked at as part of the overall CBD plan. Upon further discussion, Hrs. Archer moved to approve the standard in-lieu of parking fee agreement for Pineapple Town. The motion was seconded by Ms. McCarthy. Prior to roll call, Hr. Schwartz stated his opinion -12- 05/16/00 that he does not believe in the in-lieu of parking fee concept. He did not feel it would be fair to all of the people in the area to cause there to be fewer parking spaces in the area be- cause of the lack of sufficient parking spaces for a particular use. Secondly, Mr. Schwartz stated that he would not support any additional or qualifying language to be added to the stan- dard agreement. Upon roll call the Commission voted as follows: Hr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - No; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 1 vote. At the point, the time being 7:00 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda. Ms. McCarthy left the room at this time. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 11-00: An ordinance amending the Land Development Regulations to establish notification requirements for specified waivers. 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 City Manager presented Ordinance No. 11-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", SECTION 4.3.1, "APPLICATION OF DISTRICT REGULATIONS", AND SECTION 5.1.6, "COMPLIANCE WITH ZONING REGULATIONS", OF THE LAND DEVEL- OPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ESTABLISH NOTIFICATION REQUIRE- MENTS FOR THE GRANTING OF RELIEF FROM CER- TAIN MINIMUM LOT DIMENSIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-00 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 -13- 05/16/00 compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Hayor Schmidt declared the public hearing open. There being no one who wished to speak on this item, the public hear- ing was closed. Mrs. Archer moved to approve Ordinance No. 11-00 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Hs. HcCarthy returned to the dais at this time. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. 11 .A. City Manager's response to prior public comments and inquiries. In response to the inquiry at the last meeting about setting up a mechanism so that utility customers could automati- cally have their utility payment deducted from their bank ac- count, the City Manager stated that the Utility Customer Service Division has been involved in some very large projects. There was the meter changeout program, the conversion of the utility billing software in order to be Y2K compliant, and upgrading all of the handheld computer units to touch read wands. Because of the priority of those projects, staff has not been able to work on setting up the automatic deduction from checking accounts. They are now in a position to conduct research on credit card, debit card and direct payment of utility bills and expect that within the next three months or so they should be able to deter- mine how to do so. The City Hanager stated that he would expect implementation no sooner than the new budget year because there may be costs such as computer hardware and software associated with setting up these new programs and these costs are not budgeted for the current fiscal year. 11 .B. From the Public. ll.B.1. Jean Beer, 2145 S.W. 26th Terrace, thanked everyone for being so kind as to include a wide range of citizens in the community summit and to allow them to give input on establishing the City's goals. She felt that it was a very positive thing and hoped that it would be done on an annual basis. -14- 05/16/00 ll.B.2. Gerald DeFoe, 142 Mockingbird Lane in Country Manors, echoed Mrs. Beer's remarks and stated that he felt the City has a very bright future in cooperation between the citizens and the City Commission. Mr. DeFoe then spoke concerning the school concurrency program. He urged the City Commission to emphatically endorse school concurrency by sending letters of support for the program to the rest of the municipalities within the County encouraging them to do likewise. ll.B.3. Henry Williams, 310 N.W. 3rd Avenue, complimented the City Commission on the community forum that was held on Monday, Hay 15th. He felt it was a good start in getting the public more involved and hoped that it would continue. Hr. Williams then asked that somebody go out and take a look at the new water meters that were installed in his neigh- borhood as there are still people who are having some real problems with their water pressure. Hayor Schmidt advised Hr. Williams that if he knows of people who are having this problem, he should have them contact the City Hanager's office with this information. At this point, the Commission returned to Item 9.D. on the regular agenda. 9.D. AMENDMENT NO. 2 TO PARKING LICENSE AGREEMENT/CAFFE LUNA ROSA: Consider approval of Amendment No. 2 to the parking license agreement with Caffe Luna Rosa, Inc. to allow valet service seven days a week from 11:00 a.m. to 11:00 p.m., year round. The City Hanager commented that the restaurant has had an agreement with the City that allows the valet service seven days a week for part of the year. They are asking to amend the agreement to allow it year-round. It has worked well; there have not been any particular problems with the arrangement, so staff recommends approval of the amendment. Hayor Schmidt noted that the request had been reviewed by the Parking Management Advisory Board and unanimously recom- mended for approval. On question from Mr. Schwartz, Mr. Barcinski stated -15- 05/16/00 that the fee paid to the City for the valet parking queue spaces is $50.00 per space per month, plus tax. Hr. Schwartz stated that he felt the City ought to reconsider the amount of fees we charge for the valet spaces to get some additional compensation. Hrs. Archer commented that while the City is getting $50.00 per space per month for those spaces that are in the parking queue, we are providing parking through the valet system for many more cars than that and on private parking areas, not on any City spaces. She did not feel the fee being charged was a problem. Mr. Schwartz moved to approve Amendment No. 2 to Parking License Agreement between the City and Caffe Luna Rosa, Inc., seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL EVENT REQUEST & RESOLUTION NO. 43-00/ROOTS CULTURAL FESTIVAL: Consider a request for special event approv- al to allow the 23rd Annual Roots Cultural Festival to be held between May 19th and August 13, 2000, and approve Resolution No. 43-00 in support of the event. The City Manager presented Resolution No. 43-00: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF THE 23RD ANNUAL ROOTS CULTURAL FESTIVAL IN THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 43-00 is on file in the City Clerk's office.) Robert A. Barcinski, Assistant City Manager, presented an overview of the support request as outlined in his memorandum to the City Commission. He noted that his memo indicated that the overtime estimate was approximately $14,000, of which $12,000 was estimated for Police overtime. The Police met with Mr. Stevens, Executive Director of the Roots Festival, earlier today and reduced their overtime estimate to approximately $9,000, so the total overtime would be about $11,000. Mrs. Archer moved to approve Resolution No. 43-00 and -16- 05/16/00 the associated support requests for the 23rd Annual Roots Cultural Festival, including waiver of overtime costs, and contingent on receipt of a hold harmless agreement. The motion was seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.F. ATLANTIC HIGH SCHOOL BAND FUNDING REQUEST: Consider a request from the Atlantic Community High School Band for assis- tance with the expenses of sending the Band to the Aloha Festi- val which will be held in Hawaii on September 16, 2000. Hr. Perlman moved to approve a City contribution of $1,500.00 to Sponsor a Student for the Atlantic High School Band trip to the Aloha Festival 2000 to be funded from City Commis- sion Promotional Activities. The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.G. RIGHT-OF-WAY USE AGREEMENT WITH METRICOM, INC.: Consider approval of a right-of-way use agreement between the City and Hetricom, Inc. which would allow Hetricom to install their equipment in City rights-of-way. Brian Shutt, Assistant City Attorney, presented an overview of the request and briefly reviewed the essential terms of the agreement as set forth in his memorandum to the City Commission. Hs. HcCarthy questioned if the equipment was likely to create any problems with interference? In response, Mr. Shutt stated that terms had been included in the agreement that he felt would protect the City in the event of interference. The City has the right to have Hetricom correct that interference or try to get them to cease operations until a determination can be made on whether or not they are causing interference. Hetricom has represented that they are up and running in a lot of other places and there have been no interference problems. Hs. HcCarthy asked if the information Hetricom had provided about no problems with interference had been verified with these other locales? The City Manager responded that what we had was a couple of places that alleged that they did ex- preience interference from similar types of devices and that is -17- 05/16/00 why the Assistant City Attorney put the provisions in the agree- ment that if interference occurs, they have to take steps to eliminate that interference. A lengthy discussion ensued as to potential problems with interference and the remedies available in the event that situation occurred. The City Attorney suggested that additional language be incorporated in the agreement to the effect that any interference would be corrected within twelve hours from notification (except that if the FCC has a different time, we will abide by the FCC time), and failure to correct the interference within the stated time frame would be a material breach of the contract. Hrs. Archer moved to approve the right-of-way use agreement with Hetricom, Inc., subject to the modification of the language as proposed by the City Attorney. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Hrs. Archer left the room at this time. 9.H. BID AWARD FOR LANDSCAPE MAINTENANCE (GEORGE BUSH BOULEVARD & WEST ATLANTIC AVENUE): Consider approval of a bid award in the amount of $20,876.00 to Custom Property Services as the lowest responsive, responsible bidder (second low bid), for the annual landscape maintenance contract for George Bush Boule- vard/N.E. 8th Street and West Atlantic Avenue, with funding from 119-4144-572-46.40 (Beautification - Maintenance). Joe Dragon, Assistant Director of Parks and Recrea- tion, explained that the recommendation is to award the contract to the second low bidder, Custom Property Services, as the lowest responsive, responsible bidder. The apparent low bidder, Tare Landscape, has done work for the City in the past and did not perform up to standard. A prior contract was not renewed. Custom Property Services is the current vendor and has provided quality service to the City. The City Hanager stated that a written protest was received from Tare Landscape concerning this matter. Hr. Schwartz moved to approve the bid award for the -18- 05/16/00 annual landscape maintenance contract for George Bush Boulevard and West Atlantic Avenue to Custom Property Services as the lowest responsive, responsible bidder. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Hrs. Archer returned to the dais at this time. 9.I. AGREEMENT FOR PROCUREMENT OF NAMING RIGHTS OF THE DELRAY BEACH TENNIS CENTER: Consider approval of an agreement between the City and Flight Media, Inc. (F MI) wherein the City grants to FMI exclusive rights to procure commitments for the sale or lease of naming rights at the Delray Beach Tennis Center for a period of six (6) months commencing on May 17, 2000 and extending until November 17, 2000. Brian Shutt, Assistant City Attorney, briefly reviewed the revised terms of the agreement as it had been amended based on direction from the City Commission at the Hay 9th meeting. The City has the right in its sole discretion to reject a spon- sor/advertiser. Flight Hedia's total commission, for any spon- sor/advertiser revenue, will be 20% of the total revenue without any bonuses. It is clarified that Flight Hedia will pay for all costs associated with the selling of the naming rights, such as packages that go out to potential sponsors and the cost for bringing potential sponsors to the City. Hr. Perlman reiterated his position that he is not comfortable with going with a single bid. He felt the Commis- sion should have the opportunity to evaluate more than one company and then decide on the best one to represent the City. Ms. McCarthy commented that the proposed agreement with Flight Hedia is a six month exclusive contract. It comes at a time when potential sponsors and corporations are setting their budgets and there may be somebody who is interested in including the City. However, if Flight Hedia is not successful in securing a sponsor, Hs. HcCarthy felt it would be proactive of the City to begin searching for other avenues and other entities so that when the six months is up, if the naming rights have not been cemented, the City would be in a position to move ahead with an RFP and be ready to go for the following year without losing momentum. Media, Mrs. Archer moved to approve the agreement with Flight Inc. for procurement of naming rights of the Tennis -19- 05/16/00 Center. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 1 vote. 9.I.1. AMENDMENT NO. 3 TO MATCH POINT AGREEMENT: Consider approval of Amendment No. 3 to the agreement between the City and Match Point, Inc. to provide that Match Point agrees to abstain from attempting to sell or procure naming rights for the Tennis Center for the six month period in which the City has the agreement with Flight Media, Inc. Mr. Schwartz moved to approve Amendment No. 3 to Agreement between the City of Delray Beach and Match Point, Inc., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENT TO CRA DIRECTOR SELECTION COMMITTEE: Consider the appointment of a City Commission member to serve on the Selection Committee for the new CRA Executive Director. Hayor Schmidt stated that he would like to serve in this position provided no one had any strenuous objection to it. Mrs. Archer moved to appoint Mayor Schmidt to serve on the CRA Director Selection Committee, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Hayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.K. BANK OF AMERICA PROPERTY: Provide direction concern- ing the Bank of America property located on the north side of Atlantic Avenue between East Road and Seabreeze Avenue. The City Hanager stated that he put this item on the agenda as soon as it came to his attention. There is very limited time to do anything with this, but because the City has been working for some time to locate parking east of the Intra- coastal Waterway and has made several attempts over the past few years to lease or make any kind of an arrangement to use the property where the drive-through is located, he felt it was incumbent on staff to bring this to the attention of the City Commission in case the Commission wanted to try to do something with it. He further stated that the City has not had a real estate attorney look at the documents in the RFP that the bank -20- 05/16/00 has put out, nor have we looked at how the financing would work or any of those kinds of things. There would be a lot of work that would have to be done to see if it is realistic. The City Hanager stated that he did speak to the CRA Board about this matter and they felt that it should be looked at more closely. If there is interest on the part of the Commission, staff will do the work that needs to be done to see whether it is something that might be workable. If the Commission feels it is premature or not something that we should invest the staff time in at this point, then that is fine. He did not want it to go by without the Commission being aware of it. A bid would have to be submitted by Hay 31, 2000. Hrs. Archer stated that she felt it was something that should be looked at to see if it is even feasible. She felt the City ought to move forward and let the City Hanager come back with additional information. Hs. HcCarthy commented that she had heard rumors that people who live in the beach area do not want the City to put additional public parking there. She asked for an assurance that there would be communication with one or more representa- tives from the beachside neighborhoods so that they would be kept informed on this matter. If they are not adverse to this thought, Ms. McCarthy suggested that the City do at least a letter of intent which would buy some time and allow staff to do some feasibility studies. Hr. Schwartz concurred, stating that he felt the City ought to send a letter to the bank immediately and tell them we have a sincere interest, but we need to do more research. Hayor Schmidt noted that the property is being market- ed publicly and is not just being offered to the City. Hs. HcCarthy further commented that in reviewing how the property is being marketed, she felt that some of the terms were way out of line for the market at this time, especially on page 3 insofar as the default clause, the occupancy clause and renewal options, and on page 2 with respect to the HVAC. The brokerage fee is not completely out of line, but she would like to see that negotiated a bit more, and the assignment and subletting clause is saying that they have the right to sublet to any affiliate at any time without the Landlord's consent. Hs. HcCarthy stated she would want to see that redone to provide at least notice to the Landlord. These are the key things that she felt needed to be changed if the City were to go forward -21- 05/16/00 with this. Hayor Schmidt concurred, stating that he had a lot of concerns about the proposed terms. However, the question at this point is whether to direct staff to explore this further along with the CRA. It would not be obligating the City to move forward. It was the consensus of the City Commission to direct staff to explore the feasibility of developing a bid package for the property, including communication with neighborhood representatives and businesses on the beach side. 9.L. RESOLUTION NO. 44-00: Consider approval of a resolu- tion objecting to language added to Senate Bill 1280 that pro- vides for public counsel of the Public Service Commission to provide legal representation in proceedings before counties regarding water and wastewater utility rates, and requesting that the Governor veto such legislation. (BY ADDENDUH) The City Hanager explained that yesterday the Director of Environmental Services received a letter from the American Water Works Association Utility Council here in Florida advising that towards the end of the legislative session a bill on nurs- ing homes was amended to include certain regulatory provisions for local government water and sewer systems. The only thing that would have an immediate impact on the City is that it would require us to individually notify every water and sewer customer of any proposed rate increase through notice on their utility bill. There is also language that affects counties in that the public counsel for the Public Service Commission could intervene in rate hearings and that they would have to follow the Adminis- trative Procedures Act. As pointed out in the letter from the Florida AWWA, the next logical step would be to extend that to cities. They are urging that local governments adopt resolu- tions requesting that the Governor veto this bill. There is no reason to have the Public Service Commission getting involved with local government utility rate setting. The City Attorney commented that there is another House summary that sets forth the position that tacking this additional language on to a bill regarding nursing homes is a violation of Rule 7.1 which provides that no proposition on a subject different from that under consideration can be submitted as an amendment. Mrs. Archer moved to approve Resolution No. 44-00, -22- 05/16/00 seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12. 13. FIRST READINGS: None Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. The City Hanager had no comments or inquiries. 13 .B. City Attorney. The City Attorney advised the City Commission that she is planning to be away on vacation next week. 13.C. City Commission. 13.C.1. Commissioner Archer inquired as to the status of the billboard removal legislation? Mayor Schmidt advised that the bill did not pass. 13.C.2. Commission Perlman advised that Alfred Etienne, who is one of the volunteers on the Haitian Roving Patrol, was named as one of Governor Bush's "Points of Light" This is a very prestigious award with a great deal of competition, and Commissioner Perlman suggested that it would be appropriate to recognize Hr. Etienne publicly at the June 6th regular meeting. Commissioner Perlman commented that he attended the Needs Assessment Hearing last week on the spending of the Commu- nity Development Block Grant (CDBG) funds. He felt that staff did a great job, the hearing was well attended, and he found it interesting on what people want in the community. They were really saying that the money should be spent more on economic development types of things and less on things like sidewalks. They still want the sidewalks, but want the City to pay for them. They felt the CDBG money should be spent on things like job training and things that would produce high paying jobs. Commissioner Perlman further commented that he had an opportunity to see Senator Klein who advised that now is the time to put together a legislative agenda that we want our legislation delegation to take to Tallahassee. Senator Klein will be coming to give the Commission a post-session wrap-up. -23- 05/16/00 Commissioner Perlman urged that we get more proactive next year by determining what our needs are and go there with a real agenda. 13.C.3. Commissioner McCarthy asked if the City has the abili- ty to do a "blast" fax? In the updating of the software that was done in order for the water billing department to comply with Y2K require- ments, Hs. HcCarthy asked if this also gave them the ability to be connected via the internet? Since the City is going to be looking into credit card and debit card payment, why not do it all at one time so that people can go on their computers and pay their bills if they choose to do so. There is software and many other things available so that if the City is going to upgrade, Commissioner HcCarthy felt that we should look into doing it all at one time. 13.C.4. Commissioner Schwartz commented that Palm Beach Fax Company is a firm that would do "blast" faxing for the City and felt that staff might want to look into using these services. Commissioner Schwartz stated that he, along with Hayor Schmidt and Commissioner Perlman, had attended a meeting on the homeless in our area which he felt was very good. He was proud to see that people in our city are actively involved with this cause. Referring to the Police Department's presentation at the workshop held earlier, Commissioner Schwartz felt that it was an excellent presentation but it did not include a program that the department is doing with the local automobile dealers. It involves a training program for people living in minority areas or low income areas. Through this program, the Police Department is assisting in taking people off of the streets and giving them a shot at being something and being proud of them- selves. This has had a very positive impact in their communi- ties, and he felt that it was a wonderful program. 13.C.5. Mayor Schmidt had no comments or inquiries. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Dharma Properties, Inc. vs. City of Delray Beach (Case No. 00-8362CW-Hurley) and Dharma Properties, Inc. vs. City of Delray Beach (Case No. 00-AP00-1157 AY). Attendees: Hayor David Schmidt -24- 05/16/00 Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz City Manager David T. Harden City Attorney Susan A. Ruby Assistant City Attorney Jay Jambeck A certified court reporter Purpose: Discuss strategy related to the above pending litigation. Hayor Schmidt read the following statement for the record: "The City has scheduled a closed attorney/client ses- sion pursuant to F.S. 286.011(8) in the cases of Dharma Proper- ties, Inc. v. City of Delray Beach, with the case numbers as set forth above. The estimated length of the closed session shall be 30 minutes. The following persons will be attending: Hayor David Schmidt, Commissioners Bill Schwartz, Pat Archer, Jeff Perlman and Alberta McCarthy, City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Jay Jambeck, and a certified court reporter." Hayor Schmidt stated that after the closed session is over, he would announce that the regular meeting is reopened, and the closed session is terminated. At this point, the time being 8:15 p.m., the Hayor adjourned the regular meeting to the closed attorney/client session. At 9:05 p.m., Hayor Schmidt reconvened the regular meeting and announced that the closed session was terminated. There being no further business, Hayor Schmidt de- clared the meeting adjourned at 9:06 p.m. ATTEST: City Clerk MAYOR -25- 05/16/00 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of Hay 16, 2000, which were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not com- pleted 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. -26- 05/16/00 Assistant City Attorney Jay Jambeck A certified court reporter Purpose: Discuss strategy related to the above pending litigation. Mayor Schmidt read the following statement for the record: "The City has scheduled a closed attorney/client ses- sion pursuan~ to F.S. 286.011(8) in the cases of Dharma Proper- ties, Inc. v. City of Delray Beach, with the case numbers as set forth above. The estimated length of the closed session shall be 30 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Bill Schwartz, Pat Archer, Jeff Perlman and Alberta McCarthy, City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Jay Jambeck, and a certified court reporter." Mayor Schmidt stated that after the closed session is over, he would announce that the regular meeting is reopened, and the closed session is terminated. At this point, the time being 8:15 p.m., the Mayor adjourned the regular meeting to the closed attorney/client session. At 9:05 p.m., Mayor Schmidt reconvened the regular meeting and announced that the closed session was terminated. There being no further business, Mayor Schmidt de- clared the meeting adjourned at 9:06 p.m. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of May 16, 2000, which were formally approved and adopted by the City Commission on - <ity Cl~k NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official -22- 05/16/00