08-15-2017 City Commission Regular Minutes FINALTuesday, August 15, 2017
6:00 PM
City of Delray Beach
100 NW 1st Avenue - Delray Beach, Florida 33444
Phone: (561) 243-7000 - Fax: (561) 243-3774
www.mydelraybeach.com
Delray Beach City Hall
City Commission
Minutes - Final
Regular Meeting at 6:00 PM
August 15, 2017City Commission Minutes - Final
1. ROLL CALL
Mayor Glickstein called the August 15, 2017 City Commission meeting to
order at 6:00 p.m.
City Commission members in attendance:
Mayor Cary Glickstein
Vice Mayor Chard
Deputy Vice Mayor Johnson
Commissioner Katz
Commissioner Petrolia
Staff in attendance were:
City Manager Mark R. Lauzier
City Attorney R. Max Lohman
City Clerk Katerri Johnson
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
Mr. deJesus requested that revised City Commission meeting minutes
from the following dates be added to this evening's agenda: April 18th,
May 16th and July 18th.
Mr. Lohman requested the addition of the proposed lease agreement with
the Caring Kitchen.
Vice Mayor Chard requested that item 6b be pulled for a brief discussion.
Vice Mayor Chard moved, seconded by Commissioner Petrolia, to
approve the consent agenda as amended
(5-0).
3. AGENDA APPROVAL
4. PRESENTATIONS:
4.A.17-625 PRESENTING OFFICER ADRIAN RACKAUSKAS, POLICE OFFICER,
WITH EMPLOYEE OF THE MONTH FOR AUGUST 2017
Recommendation:Motion to Approve Officer Adrian Rackauskas as Employee of the Month
for August 2017.
Sponsors:Human Resources Department
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Ofc. Adrian Rackauskas EOM nomination formAttachments:
Police Chief Goldman and Acting Human Resources Director Duane
D'Andrea presented Officer Adrian Rackauskas with the Employee of the
Month award. Mayor Glickstein added his congratulations to Officer
Rachauskas for his actions offered to a citizen in great need.
4.B.17-677 ECONOMIC ANALYSIS OF DELRAY BEACH DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) PARKING MANAGEMENT PLAN
Sponsors:City Manager Department
Simon DDA memo 8-2-17
parking town hall_
DDA PARKING METER IMPLEMENTATION PLAN
Attachments:
Assistant City Manager Caryn Gardner-Young made a brief presentation
regarding the Delray Beach Downtown Development Authority Parking
Management Plan. Members of the City Commission discussed the
present parking situation, noting the importance of providing parking for
both visitors to local retail establishments, as well as employees of retail
establishments. Commissioner Petrolia noted the importance of not
having meters because of the potential to drive away retail visitors in the
downtown area. Mayor Glickstein said that other towns and cities had
parking management systems which generally worked very well. Mayor
Glickstein also noted that putting parking tickets on the windshield of a car
might cause visitors to not to return to the retail areas of downtown. He
said that it was the City's responsibility to keep up with infrastructure
projects. Mayor Glickstein noted that he believed that parking meters were
an effective way to turn over parking spaces. Vice Mayor Chard inquired
whether it would make sense to make a motion on this matter.
Commissioner Petrolia suggested not complicating this matter by
potentially forcing cars into surrounding neighborhoods.
Commissioner Katz had a suggestion that parking meters be in force
between 6:00 p.m. and 2:00 a.m. along Atlantic Avenue and one block on
either side.
Mayor Glickstein summarized the proposed changes, as follows: (1)
metering Atlantic Avenue west of the intercoastal to Swinton; (2) metered
parking to be in place from 6:00 p.m. to 2:00 a.m. and (3) 2-hour
enforcement on Atlantic Avenue from 2:00 a.m to 6:00 p.m. Mayor
Glickstein suggested restarting discussion on the Gladiola lot.
Commissioner Katz suggested having paid parking between 6:00 p.m. and
2:00 a.m. on Atlantic Avenue with two hours surface parking enforcement
by Lanier for the hours of 2:00 a.m. to 6:00 p.m.; with the same limitations
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for surface parking lots. He also suggested having separate parking
annual passes for residents and non-residents.
Mayor Glickstein requested that Mr. Lohman report back to the City
Commission about whether residents and non-residents could be charged
different fees for parking passes. Mr. Lohman said that he would research
this matter. Mayor Glickstein asked whether City staff come back with a
starting rate structure for all portions of the downtown and beach areas. He
also requested that the report include the amount of funds necessary for
Lanier to handle the parking enforcement. Interim City Manager deJesus
requested that the City Commission summarize their consensus about
parking enforcement. Ms. Gardner-Young reviewed the suggested
parking rate structures by areas of the City. Commissioner Katz
suggested working with Uber to pick up and drop off at certain designed
parking spots, rather than blocking Atlantic Avenue. Commissioner Katz
suggested changing the proposed valet parking rate. Laura Simon,
Executive Director of the Downtown Development Authority, outlined the
DDA's parking recommendations.
Mayor Glickstein suggested the possibility of giving employees free
parking on the top deck of the garage and see where this gets us.
Assistant City Manager Caryn Gardner-Young verified the City
Commission's direction for follow-up by City staff. Mayor Glickstein
requested that City staff bring this item back for consideration at a future
City Commission meeting.
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
5.A. City Manager’s response to prior public comments and inquiries
5.B. From the Public
Mr. Steve Blum expressed about parking tickets being issued from north
and south of Atlantic Boulevard. Mr. Blum inquired about reclaimed water
pipes and how he could be connected to the reclaimed water system.
Finally, Mr. Blum said that there was a pink residue in the water at his
home.
Carole Covertz said thank you for the Out of School program. She also
invited all interested parties to a forum about proposed and recently
passed educational legislation on September 10, 2017 at the West County
building.
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Pauline Moody said she was not pleased to have to wait more than one
hour to speak this evening just to listen to comments about parking matters.
Arlene Huston requested that the City of Delray Beach become a
welcoming city.
Jill Hansen urged the Mayor and CIty Commission to protect all residents.
She requested that the City Commission adopt an ordinance to protect all
City residents. Candy Herrera likewise urged the adoption of an
ordinance to protect all City residents.
Mitzi Katz, President of the Delray Beach Ladies Golf League, requested
that the City Commission vote for improvements to the Delray Beach Golf
Course in next year's Capital Improvement Program.
Mary Jo Beckman and her friends sang a song in support of immigrants
and refugees.
Roy Simon noted that parking meters had not worked on several occasions
in the past. Mr. Simon also expressed concern about parking in the
downtown area.
Sheila Townsend thanked the Mayor and City Commission for helping her
with a recent situation.
Rick Gonzalez said that his company was bidding on a
transportation-related project. Mr. deJesus suggested that Mr. Gonzalez
meet with applicable City staff to ensure that the Cone of Silence process
was not breached.
Ezra Greig said that he was proud to a resident of Delray Beach. He
noted that he would be bringing an affordable housing proposal to the City
Commission in the near future.
Robert Hudson said he supported making Delray Beach a sanctuary city.
He said this was the right thing to do.
John Fisher, President of the Delray Beach Rotary Club, said that the
Rotary was coordinating a Welcome Back to School event and campaign.
Mr. Fisher also noted that he was President of Code 3 America, an
organization which coordinated the annual St. Patrick's Day event in Delray
Beach. He stated that next year's parade would mark the 50th anniversary
of this event. He invited the Mayor and City Commissioners to participate
in the St. Patric's Day events.
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Mavis Benson commended the Mayor and City Commission for their
efforts to create a workable parking plan and for their support of the
downtown business community.
Dr. Victor Kirson said that he was not in favor of having the Delray Beach
Community Redevelopment Agency to expend $3.2 million for a proposed
fire training facility.
Alan Costello, a member of the Downtown Business Association, said he
was in favor of having a parking ticket enforcement program. He also
noted the importance of addressing the parking needs of employees in the
downtown area.
Laura Simon, Executive Director of the DDA, thanked the Mayor and City
Commission for reviewing the DDA's proposed parking plan. She said the
DDA would work with staff to find the best solutions.
Ben Nolan, Delray Beach Chamber of Commerce, thanked the Mayor and
City Commission for compromising and moving forward on the proposed
parking plan for the downtown area.
There being no further comments, the public comments period was closed.
6. CONSENT AGENDA: City Manager Recommends Approval
Commissioner Katz moved, seconded by Commissioner Petrolia, to
approve the consent agenda, excepting item 6b, which was pulled for
discussion by Vice Mayor Chard. A roll call voted was taken. The motion
was approved unanimously (5-0).
Mr. Lohman presented a brief overview of the first amendment to the City's
contract with the Caring Kitchen.
Commissioner Petrolia moved, seconded by Vice Mayor Chard, to
approve the first amendment to the agreement as drafted. A roll call vote
was taken. The motion was adopted uanimously (5-0).
approved as amended
6.A.17-667 APPROVAL OF MINUTES
Recommendation:Motion to Approve various sets of minutes as listed below.
Sponsors:City Clerk Department
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August 15, 2017City Commission Minutes - Final
April 18, 2017 Regular Meeting Minutes - Draft
May 2, 2017 Regular Meeting Minutes - Draft
May 16, 2017 Regular Meeting Minutes -Draft
July 18, 2017 Regular Meeting Minutes - Draft
Attachments:
approved
6.B.17-139 APPROVAL OF A 10 FEET X 30 FEET MASS TRANSIT EASEMENT
FOR 3185 SOUTH CONGRESS AVENUE
Recommendation:Motion to Approve the Mass Transit Easement along the west property line.
Sponsors:Planning & Zoning Department
3185 South Congress Avenue Mass Transit Easement
A3.0 SITE PLAN 16026-7-20-16
3185 S Congress Ave SPRAB ClassV SR 081016 Final
Checklist Mass Transit easement Kaufman Lynn project
Attachments:
approved
6.C.17-669 APPROVAL OF A 10' X 330' PUBLIC GREENWAY EASEMENT
AGREEMENT FOR 3185 SOUTH CONGRESS AVENUE
Recommendation:Motion to Approve the Public Greenway Easement along the east property
line of 3185 South Congress Avenue.
Sponsors:Planning & Zoning Department
Public Greenway Easement Agreement - 08.03.17
3185 S Congress Ave SPRAB ClassV SR 081016 Final
A3.0 SITE PLAN 16026-Layout1
Legal Review Checklist - Public Greenway Easement
Attachments:
approved
6.D.17-627 RESOLUTION NO. 54-17: TO FORMALLY ABANDON THE CITY’S
INTEREST IN OBTAINING THE 40’ WIDE BY 647.48’ LONG RESERVED
RIGHT-OF-WAY, ADJACENT TO DELRAY SQUARE AT 14530 SOUTH
MILITARY TRAIL.
Recommendation:Motion to Approve Resolution No. 54-17 formally abandoning the City’s
interest in the 40’ wide by 647.48’ long reserved right-of-way, adjacent to
Delray Square at 14530 South Military Trail.
Sponsors:Planning & Zoning Department
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August 15, 2017City Commission Minutes - Final
Resolution 54-17-DelraySquare-ROW-Aband-Aug2017- Support
Delray Square Military Trail Abandonment Exhibit
Attachments:
approved
6.E.17-577 MUTUAL AID AGREEMENT - FLORIDA'S WATER/WASTEWATER
AGENCY RESPONSE NETWORK
Recommendation:Motion to Approve a Mutual Aid Agreement authorizing the City's water
utility to participate in the Water/Wastewater Mutual Aid Program
established by Florida's Water/Wastewater Agency Response Network
(FlaWARN).
Sponsors:Environmental Services Department
FlaWARN Mutual Aid Agreement
Legal Review Checklist form v. 3 FLAWARN mutual aid
Attachments:
approved
6.F.17-617 RETROACTIVE APPROVAL OF EXTENSION OF A LICENSE
AGREEMENT WITH DELRAY INTRACOASTAL CRUISES, LLC
Recommendation:Motion to retroactively approve an extension of the License Agreement with
Delray Intracoastal Cruises, LLC (Pilgrim Belle Cruises, LLC) for a period
of one year.
Sponsors:Parks & Recreation Department
Legal Review Checklist form v. 3 delray intracoastal
Reardon_extension
90 day Contract Extension 12-30-2016
2003 - Agreement Amendment No. 4, signed
Attachments:
approved
6.G.17-653 TRAFFIC ENFORCEMENT AGREEMENT BETWEEN THE DELRAY
BEACH POLICE DEPARTMENT AND VILLAGE AT SWINTON SQUARE
CONDOMINIUM HOMEOWNER'S ASSOCIATION LOCATED AT 1025 S.
SWINTON AVENUE
Recommendation:Motion to Approve a Traffic Enforcement Agreement between the Delray
Beach Police Department and Village at Swinton Square Condominium
Homeowner's Association to allow the Delray Beach Police Department to
enforce state and local traffic laws on the private roads of Village at
Swinton Square Condominium Homeowner's Association.
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Sponsors:Police Department
Partially Executed Agreement
Insurance
Legal Review Checklist
Attachments:
approved
6.H.17-640 INFORMED CONSENT GRANT AND WAIVER OF CONFLICT OF
INTEREST
Recommendation:Motion to Approve “Informed Consent Grant and Waiver of Conflict of
Interest” form concerning issue of dual representation by Assistant City
Attorney Bradley Biggs.
Sponsors:City Attorney Department
Informed Consent Grant and Waiver of Conflict of Interest_Attachments:
approved
6.I. PROCLAMATIONS:
6.I.1.17-660 PROCLAMATION FOR WOMEN'S EQUALITY DAY - AUGUST 26, 2017
Sponsors:City Clerk Department
Proclamation for Women's Equality DayAttachments:
approved
6.I.2.17-672 PROCLAMATION FOR OVERDOSE AWARENESS DAY - AUGUST 31,
2017
Sponsors:City Clerk Department
Proclamation Overdose Awareness Day 2017Attachments:
approved
6.I.3.17-663 PROCLAMATION FOR DR. HOWARD B. BARR, JR.
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Sponsors:City Clerk Department
Proclamation for Howrd B BarrAttachments:
approved
6.J.17-656
REPORT OF APPEALABLE LAND USE ITEMS FROM JULY 10,
2017 THROUGH JULY 28, 2017
Recommendation:By motion, receive and file this report.
Sponsors:Planning and Zoning Board
Location Map
799 NE 2nd Avenue_Appealable Report with attachments
49 Palm Square_Appealable Report with attachments
601 N Swinton Ave_Appealable Report with Attachments
20 W Atlantic Ave_Appealable Report with attachments
20 N Swinton Ave_Appealable Report with Attachments
302 SE 2nd Street
700 West Atlantic Avenue
Kentucky Fried Chicken
Attachments:
approved
6.K. AWARD OF BIDS AND CONTRACTS:
6.K.1.17-639 AGREEMENT WITH PVS TECHNOLOGIES, INC. UTILIZING THE PALM
BEACH COUNTY TERM CONTRACT NO. 14035RC FOR THE
PURCHASE OF FERRIC CHLORIDE
Recommendation:Motion to Approve a one-year Agreement with PVS Technologies, Inc. for
the purchase of Ferric Chloride Solution in an annual not-to-exceed amount
of $300,000 utilizing the Palm Beach County Term Contract No. 10435RC.
Sponsors:Environmental Services Department
Best Price Letter
PVS Technologies Inc Agreement
Palm Beach County Renewal Letter 2017-2018
Legal Review Checklist
Palm Beach County Agreement with PVS Technologies
Attachments:
approved
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7. REGULAR AGENDA:
7.A.17-655 CONDITIONAL USE REQUEST FOR A FRATERNAL
LODGE FOR THE O’NEAL-PRIEST POST 4141 OF THE
VETERANS OF FOREIGN WARS (VFW) TO LOCATE
WITHIN THE SOUTH DELRAY SHOPPING CENTER AT
3001 S. FEDERAL HIGHWAY (QUASI-JUDICIAL HEARING)
Recommended Action:
Recommendation:Motion to Approve a conditional use request to permit a
fraternal lodge, Post 4141 of the Veterans of Foreign Wars
(VFW), at the South Delray Shopping Center located at 3001
S. Federal Highway, pursuant to Land Development
Regulations Section 2.4.5(E) and 4.4.12(D).
Sponsors:Planning & Zoning Department
VFW 4141 Staff Report
VFW 4141 Site Plan
VFW 4141 Floor Plan
VFW 4141 Board Order
Attachments:
Commissioner Katz moved, seconded by Vice Mayor Chard, to approve
the conditional use request as presented. A roll call vote was taken. The
motion was approved unanimously (5-0).
8. PUBLIC HEARINGS:
8.A.17-575 RESOLUTION NO. 52-17: STORMWATER UTILITY ASSESSMENT
Recommendation:Motion to Approve Resolution No. 52-17 establishing a budget for the
Stormwater Utility System, establishing the rates for FY 2018 Stormwater
Management Assessments, and certifying and adopting the Stormwater
Assessment Roll.
Sponsors:Environmental Services Department
Resolution 52-17 Stormwater Utility with Exhibits
2017 TRIM NOTICES
2017 Condo
City owned properties only
Attachments:
Interim City Manager deJesus made a brief introduction of Marjorie Craig,
the City's new Utilities Director.
Vice Mayor Chard moved, seconded by Deputy Vice Mayor Johnson, to
approve Resolution 52-17. A roll call vote was taken. The motion was
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August 15, 2017City Commission Minutes - Final
adopted unanimously (5-0).
approved
8.B.17-661 ADOPTION OF ORDINANCE NO. 30-17 AMENDING CHAPTER 100,
“NUISANCES” AMENDING SECTION 101.01, “EXISTENCE OF WEEDS,
TRASH AND VEGETATION UPON LANDS PROHIBITED,” SECTION
32.17, “GROUNDS FOR REMOVAL”; AND REPEALING SECTION 32.18,
“PROCEDURE”. (SECOND READING)
Recommendation:Motion to Approve Ordinance No. 30-17 on second reading.
Sponsors:City Attorney Department
Ord 30-17 Amending Sec 100.01 maint of public alleywayAttachments:
City Attorney Lohman read the title of the item into the meeting record on
second reading.
Commissioner Petrolia moved, seconded by Commissioner Katz, to
approve Ordinance
30-17 on second and final reading. A roll was taken. The motion was
adopted
unanimously (5-0).
approved
9. FIRST READINGS:
9.A.17-658 ADOPTION OF ORDINANCE NO. 31-17 AMENDING CHAPTER 32,
“DEPARTMENTS, BOARDS AND COMMISSIONS” AMENDING
SECTION 32.15, “DEFINITIONS,” SECTION 32.17, “GROUNDS FOR
REMOVAL”; AND REPEALING SECTION 32.18, “PROCEDURE”. (FIRST
READING)
Recommendation:Motion to Approve Ordinance No. 31-17 on first reading.
Sponsors:City Attorney Department
Ord 31-17 amending removal of municipal board etcAttachments:
Commissioner Petrolia moved, seconded by Deputy Vice Mayor Johnson,
to adopt Ordinance 31-17 on first reading. A roll call vote was taken. The
motion was adopted unanimously (5-0).
adopted
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
10.A. City Manager
Mr. deJesus had no comments.
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10.B. City Attorney
Mr. Lohman said that a routine bond audit was in process for the City's
stormwater utility. Mr. Lohman also stated there was a need to engage
bond counsel for this purpose. Commissioner Petrolia moved,
seconded by Commissioner Katz to permit the engagement of bond
counsel as requested by Mr. Lohman. The motion was adopted
unanimously (5-0).
approved
10.C. City Commission
Commissioner Katz said that the Oakmont community had public
streets and desired to have enhanced street signs. He noted that
residents had raised the necessary funds to proceed with this project in
concert with the City. Commissioner Katz requested that City staff work
with the homeowner's association to implement the installation of the
street signs.
Commissioner Katz requested that the City Commission consider the
adoption of an ordinance to require the City Commission to meet with
the Delray Beach CRA Board of Directors on a quarterly basis. He
also suggested that the ordinance could include a provision that the
CRA Executive Director or his designee would make a monthly report
to the City Commission. Mr. Lohman noted that the CRA Board of
Directors was an independent entity and therefore the City Commission
could not compel them to attend a joint meeting on a quarterly basis.
Vice Mayor Chard suggested issuing a directive to the City Manager to
set up a quarterly meeting with the CRA Board of Directors.
Commissioner Katz noted that he had recently met with representatives
of Minnen Development to discuss a planned four storey hotel with a
fifth floor accessory on the rooftop. Mr. de Jesus said that this matter
could be revisited by City staff in the future.
Commissioner Petrolia noted that minutes were generally containing
less content than normal. She noted that the City Manager had
suggested that City Commissioners should provide copies of remarks
if they wanted something to appear in City Commission meeting
minutes.
Vice Mayor Chard stated that a current charette on transit-oriented
development was excellent and would conclude with a final report at
6:00 p.m. at Old School Square this Friday evening. He encouraged all
members of the City Commission to stop by and attend one of the
charettes if possible.
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Vice Mayor Chard suggested that the tree giftling program be put into
place with trees planted at parks, schools and along streets. He noted
that tree costs would be paid for by developers. Mayor Glickstein said
that City staff could make recommendations to the City Commission
regarding this program.
Vice Mayor Chard noted that Assistant City Manager Caryn
Gardner-Young had provided a copy of a golf plan to the Mayor and City
Commission. Interim City Manager deJesus said that enhancements
were being made to the Delray Beach Golf Course slowly but surely.
He noted that the National Golf Foundation could provide the City with
an overall analysis and recommendations about the future of the course.
There was City Commission consensus to proceed with the analysis of
the Delray Beach Golf Club by the National Golf Foundation.
Vice Mayor Chard urged the City Commission not to lose sight of the
Ambassador Program. Mayor Glickstein noted that this was a program
of the Downtown Development Association.
Vice Mayor Chard suggested putting out an RFP for bidders to put in
businesses at the park site contiguous to the south facade of Old
School Square. Mayor Glickstein suggested that Vice Mayor Chard
speak with Robert Gibbs about programs using temporary structures,
such as one in the state of Michigan. Interim City Manager deJesus
noted that there was no funding commitment by the CRA Board for the
conceptual Old School Square Master Plan. Mayor Glickstein
suggested that the Historical Preservation Board review this matter
before it potentially came before the City Commission.
Deputy Vice Mayor Johnson said that she had attended a recent
screening of An Inconvenient Truth regarding climate change issues.
She noted that the United States Representative and Mayors of West
Palm Beach and Boynton Beach were also in attendance.
Deputy Vice Mayor Johnson noted that Palm Beach County
Superintendent of Schools had attended a back to school event hosted
by the Delray Beach Chamber of Commerce. She stated that the
Superintendent often times held up the City of Delray Beach as a leader
in supporting excellent schools.
Deputy Vice Mayor Johnson said that she had recently attended a
Tri-Rail workshop. She noted that Tri-Rail would be re-establishing
passenger traffic back to the downtown in the near future.
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Deputy Vice Mayor Johnson thanked Vice Mayor Chard for assisting
with moving trees from the I-Pic to the Achievement Center.
Mayor Glickstein noted that the Superintendent of Schools had visited
Carver Middle School on the first day of school. He stated that the City
was doing a lot for public education. He expressed appreciation to the
Police Department for the recent First Night Program.
Mayor Glickstein expressed appreciation to the City Commission and
staff for their efforts regarding the parking issue earlier this evening.
Finally, he encouraged everyone to attend the Old School Square
charette presentation on Friday evening at 6:00 p.m. at the Ocean
Breeze room at Old School Square.
Noting that there was no further business, the meeting stood adjourned
at 9:42 p.m.
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